HomeMy WebLinkAboutM053000BOARD OF SUPERVISORS
MINUTES
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th District
Mav 30, 2000
Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Beeler, Houx, Josiassen, Davis, and Chair
Dolan. Also present: John S. Blacklock, Chief Administrative
Officer; Susan Minasian, County Counsel, and Marion Reeves,
Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of
America.
Invocation - Pastor Steve Grandy, Jubilee on the Ridge,
Paradise.
00-173 Items removed from the Consent Agenda for Board consideration
and action. (136)
1. Adoption of a Salary Ordinance Amendment - Board approval
is requested by the Personnel Department for a salary
ordinance amendment which includes adjustments for
appointed and elected department heads, effective
July 8, 2000, in conformance with the compensation
program for appointed and elected department heads -
action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 5-16-00 [3.11])
Consent Acrenda
00-174 1. Approval of Minutes - action requested - APPROVE MINUTES
OF APRIL 25, 2000, AND MAY 16, 2000.
2. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-357 (DISTRICT ATTORNEY [4 /5 vote required])
AND B-356 (PROBATION).
3. County Library Donations - in accordance with Government
Code Section 25355, donations of $928 from Oroville
Friends of the Library, and $500 from Fraternal Order of
Eagles, have been received for the Butte County Trust
Fund for the purchase of books - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
Page 157 Mav 30, 2000
Mav 30, 2000
00-174 4. Microfilm Reader - Development Services - Board approval
is requested by the Development Services Department to
purchase a microfilm reader in the estimated amount of
$4,000 (department budget). The equipment is needed for
research and file retrieval - action requested - APPROVE
PURCHASE OF A FIXED ASSET ITEM.
5. Vehicles and Computer Equipment - District Attorney -
Board approval is requested by the District Attorney
to accept and appropriate $487, 112 in unanticipated State
child support reform funds. Board approval is also
requested to utilize a portion of these funds to purchase
a laptop computer in the amount of $3,500, and to
purchase three vehicles for the Family Support Division
in the amount of $85,458. The vehicles were originally
approved in the department's fiscal year 1999-2000
budget, but the purchase was canceled to provide
additional funding for the automated voice response
telephone answering system. Receipt of these funds will
allow the department to move forward with the vehicle
purchase. The remaining funds are to be appropriated as
detailed in the staff report - action requested - APPROVE
BUDGET TRANSFER B-359 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE PURCHASE
OF FIXED ASSET ITEMS.
6. Propane Powered Forklift - Sheriff's Office - Board
approval is requested by the Sheriff's Office to accept
a military surplus 1988 Mitsubishi forklift received by
the Sheriff's Office at no cost - action requested -
ACCEPT FORKLIFT AS A FIXED ASSET.
7. Annual Statement of Investment Policy - Board approval is
requested by the Treasurer-Tax Collector, pursuant to
Government Code Section 53646, for an Annual Statement of
Investment Policy which sets forth a policy regarding the
investment of surplus funds and funds under the
custodianship of the Treasurer. The policy was reviewed
by the Butte County Treasury Oversight Committee, and
will become effective July 1, 2000, for fiscal year
2000-2001 - action requested - APPROVE STATEMENT OF
INVESTMENT POLICY EFFECTIVE JULY 1, 2000.
8. State Board of Equalization (SBE) - Request for Records -
Board approval is requested by the Assessor for a
resolution which requests access to State Board of
Equalization files. The request is being made in
response to SBE's review of public utilities assessments.
The Assessor would like to review the files, as it is
believed the SBE may reduce utility taxable values -
action requested - ADOPT RESOLUTION 00-69 AND AUTHORIZE
THE CHAIR TO SIGN.
Page 158 Mav 30, 2000
Mav 30, 2000
00-174 9. National Children's Alliance - Unanticipated Grant
Revenue - Board approval is requested by the District
Attorney to accept and appropriate $6,000 in
unanticipated National Children's Alliance grant funds.
These funds will be combined with $4,000 in National
Children's Alliance funds received in 1999. The $10,000
will be utilized to produce video tapes designed to
assist child abuse victims through the court process -
action requested - APPROVE BUDGET TRANSFER B-354 (4 /5
vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE, AND TRANSFERRING PREVIOUS GRANT FUNDS.
10. Adoption of a Salary Ordinance Amendment - Board
approval is requested by the Personnel Department for a
salary ordinance amendment which includes changes that
are the result of a Memorandum of Understanding with the
Butte County Management Employees Association. The
amendment addresses only those changes pertaining to
adjustments effective October 2, 1999. Salary adjustments
which will become effective July 2000 will be
included in a subsequent ordinance - action requested -
ADOPT ORDINANCE 3604 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 5-16-00 [3.10])
11. Introduction of a Salary Ordinance Amendment - the
Superior Court of California, County of Butte, has
requested the Personnel Department prepare a salary
ordinance amendment which will increase the salary of the
Court Executive Officer pursuant to Superior Court
Resolution No. 19980003, retroactive to April 1, 2000 -
action requested - WAIVE READING OF THE ORDINANCE.
12. Introduction of a Salary Ordinance Amendment - Board
approval is requested by the Personnel Department for a
salary ordinance amendment which will establish the
salary for the new County Counsel appointee, effective
June 17, 2000 - action requested - WAIVE READING OF THE
ORDINANCE.
13. Introduction of a Salary Ordinance Amendment - the
Behavioral Health Department has requested the Personnel
Department prepare a salary ordinance amendment which
extends two term Mental Health Clinician II/I positions,
and four Senior Mental Health Counselor/Mental Health
Counselor/Mental Health worker positions to
June 30, 2001. The terms are being extended in response
to extended Parent Education Network-Office of Child
Abuse Prevention grant funding - action requested - WAIVE
READING OF THE ORDINANCE.
Page 159 Mav 30, 2000
Mav 30, 2000
00-174 14. Resolution Honoring John Fowler upon His Retirement from
the Butte County Fire Department - Board approval is
requested by the Fire Department for a resolution which
honors John Fowler, Volunteer Fire Chief, Clipper Mills
Volunteer Company - action requested - ADOPT RESOLUTION
00-70 AND AUTHORIZE THE CHAIR TO SIGN.
15. Resolution Regarding Transfer of Cable Franchise - Board
approval is requested by the Administrative Office for a
resolution which incorporates minor technical changes to
Resolution No. 00-68, adopted May 16, 2000. Resolution
No. 00-68 established customer service regulations, and
conditionally approved the transfer of control of the
County's cable television franchise from Chambers
Communications Corporation to AT&T Corporation. The
proposed resolution will serve as a "clean-up" resolution
and includes minor technical changes which do not change
the intent of the proposed transfer resolution - action
requested - ADOPT RESOLUTION 00-71 AND AUTHORIZE THE
CHAIR TO SIGN.
16. Resolution Certifying Annual Changes to Butte County
Maintained Mileage - Board approval is requested by the
Public works Department for an annual resolution which
certifies the current maintained mileage within Butte
County pursuant to Streets and Highways Code
Section 2121. The total mileage of maintained County
roads is certified at 1359.56 miles - action requested -
ADOPT RESOLUTION 00-72 AND AUTHORIZE THE CHAIR TO SIGN.
17. Resolution Declaring a Four-way Stop Intersection at
Lincoln Boulevard and Ophir Road - Board approval is
requested by the Public works Department for a resolution
which would declare the intersection of Lincoln Boulevard
and Ophir Road a four-way stop - action requested - ADOPT
RESOLUTION 00-73 AND AUTHORIZE THE CHAIR TO SIGN.
18. Rubberized Asphalt Chip Seal Proposal - Lower Wyandotte
Road - consideration of an agreement with western States
Surfacing for the construction of a rubberized asphalt
chip seal project on 3.3 miles of Lower Wyandotte Road,
at the estimated cost of $136,000 (department budget).
Board approval is also requested for a budget transfer of
department funds to provide funding for the agreement -
action requested - APPROVE BUDGET TRANSFER B-358 (4 /5
vote required); ACCEPT THE BID FROM WESTERN STATES
SURFACING; AND AWARD CONTRACT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
Page 160 Mav 30, 2000
Mav 30, 2000
00-174 19. Award of Bid - Construction of Pavement Overlays in the
Kelly Ridge Area - County Project No. AC-99-1 - the
project consists of pavement overlays on Kelly Ridge
Road, Royal Oaks Drive, and Jack Hill Drive - action
requested - AWARD BID TO LOW BIDDER, ROBINSON
CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $461,213.50,
AND AUTHORIZE THE CHAIR TO SIGN CONSTRUCTION AGREEMENT
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER, AND SUBJECT TO COMPLETION OF THE SB 45
FUNDING ALLOCATION PROCESS FROM CALTRANS AND CALIFORNIA
TRANSPORTATION COMMISSION.
20. Award of Bid - Construction of Payment Overlays in the
Paradise Pines Area - County Project No. AC-99-2 - the
project consists of pavement overlays on South Park
Drive, west Park Drive, and Ponderosa way - action
requested - AWARD BID TO LOW BIDDER, ROBINSON
CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $353,891,
AND AUTHORIZE THE CHAIR TO SIGN CONSTRUCTION AGREEMENT
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
21. Award of Bid - Roadway Rehabilitation on Skyway from
Ponderosa way to Nimshew Road - County Project
No. 51261(3)-99-1 - the project consists of pavement
overlays and minor widening to accommodate construction
of left turn pockets/lanes from Ponderosa way to Nimshew
Road - action requested - AWARD BID TO LOW BIDDER,
BALDWIN CONTRACTING COMPANY, INC., IN THE AMOUNT OF
$486,638, AND AUTHORIZE THE CHAIR TO SIGN CONSTRUCTION
AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR CONTROLLER, AND SUBJECT TO COMPLETION OF THE
SB 45 FUNDING ALLOCATION PROCESS FROM CALTRANS AND
CALIFORNIA TRANSPORTATION COMMISSION.
22. Bartig, Basler & Ray - Board approval is requested by
the Auditor-Controller for an agreement with Bartig,
Basler & Ray for the provision of annual financial and
compliance audits for Butte County. The term of the
agreement covers the following fiscal years, and maximum
amounts payable: 1999-2000 - $47,000; 2000-2001 -
$48,645; and 2001-2002 - $50,350 (department budget).
The Grand Jury Audit and Finance Committee has reviewed
the proposal and concurs with the Auditor-Controller's
recommendation of Bartig, Basler & Ray - action
requested - APPROVE AUDITOR-CONTROLLER'S SELECTION OF
BARTIG, BASLER & RAY; AND APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL.
(Contract No. X11645)
Page 161 Mav 30, 2000
Mav 30, 2000
00-174 23. California Friday Night Live Partnership - Board approval
is requested by the Butte County Department of Behavioral
Health for a grant agreement with California Friday Night
Live Partnership for the provision of training and
development services for leaders of the Friday Night Live
program. The term of the grant is February 1, 2000,
through January 31, 2001, with a maximum amount payable
to the County of $10,000 - action requested - ADOPT
RESOLUTION 00-74 AUTHORIZING PARTICIPATION IN THE
PROGRAM; APPROVE BUDGET TRANSFER B-355 (4/5 vote
required) ACCEPTING, APPROPRIATING AND ALLOCATING GRANT
REVENUE; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. R40216)
24. Paradise Unified School District - Board approval is
requested by the Butte County Department of Behavioral
Health for an agreement with the Paradise Unified School
District for the provision of mental health services to
referred students and their families. The term of the
agreement is January 1, 2000, through June 30, 2000,
with a maximum amount payable of $150,000 (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11589)
25. Samuel A. Brown, M.D. - Board approval is requested by
the Butte County Department of Behavioral Health for an
agreement with Samuel A. Brown for the provision of
psychiatry services. The term of the agreement is
March 1, 2000, through June 30, 2001, with a maximum
amount payable of $43,520 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X11615)
26. Michael Hitchko, Ph.D. - Amendment - Board approval is
requested by the Butte County Department of Behavioral
Health for an amendment to the agreement with Michael
Hitchko for the provision of psychology services. The
amendment increases the maximum amount payable by $12,150
(department budget) as a result of increased caseload.
All other terms and conditions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Contract No. X11302)
27. A.D.I. Investigative Services - Amendment - Board
approval is requested by the District Attorney for an
amendment to the agreement with A.D.I. Investigative
Services for the provision of legal process services for
the Family Support Division. The amendment increases the
maximum amount payable by $25,000 (department budget) due
to increased utilization of services - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X11403)
Page 162 Mav 30, 2000
Mav 30, 2000
00-174 28. United States Department of Justice/United States
Department of Treasury - Federal Equitable Sharing
Agreement - Board approval is requested by the District
Attorney to enter into a Federal Equitable Sharing
Agreement with the United States Departments of Justice
and Treasury. The agreement provides for Butte County to
receive a share of the asset forfeitures from Federal
cases when the County has assisted in the case - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
29. Statutory Rape Vertical Prosecution Grant - Office of
Criminal Justice Planning - Board approval is requested
by the District Attorney to apply to the Office of
Criminal Justice Planning for a Statutory Rape Vertical
Prosecution Grant for fiscal year 2000-2001 - action
requested - ADOPT RESOLUTION 00-75 APPROVING THE GRANT
APPLICATION AND AUTHORIZE THE CHAIR TO SIGN.
30. California Department of Forestry and Fire Protection -
Power Line Inspection Program - Board approval is
requested by the Fire Department for a cooperative
agreement with the California Department of Forestry and
Fire Protection for the provision of services in support
of the Power Line Inspection Program. The term of the
agreement is July 1, 1999, through June 30, 2000, in the
maximum amount payable of $143,672 (department budget) -
action requested - ADOPT RESOLUTION 00-76 APPROVING THE
COOPERATIVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X10936)
31. Juvenile Accountability Incentive Block Grant Program -
Office of Criminal Justice Planning - Board approval is
requested by the Probation Department to accept a grant
award in the amount of $37,526 from the Office of
Criminal Justice Planning. Funding from the grant will
be utilized to support a peer court program, a curfew and
court compliance program, a weekend accountability
program, and to cover the cost of random drug tests on
juvenile probationers. The term of the grant is through
June 30, 2001, and requires a $4,170 County match
(department budget) - action requested - ADOPT
RESOLUTION 00-77 APPROVING PARTICIPATION IN THE GRANT
PROGRAM AND AUTHORIZING THE CHIEF PROBATION OFFICER TO
ADMINISTER THE GRANT AND AUTHORIZE THE CHAIR TO SIGN.
Page 163 Mav 30, 2000
Mav 30, 2000
00-174 32. Butte Anti-drug Special Supervision (BASS) Grant
Program - Office of Criminal Justice Planning - Board
approval is requested by the Probation Department to
apply to the Office of Criminal Justice Planning for a
BASS grant in the amount of $255,588 (1000 State) for
fiscal year 2000-2001. Grant funds will be utilized for
probation and intervention strategies targeted at drug
offenders - action requested - ADOPT RESOLUTION 00-78
APPROVING THE GRANT APPLICATION AND AUTHORIZING THE CHIEF
PROBATION OFFICER TO SIGN THE GRANT AWARD AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
33. State of California-Office of Traffic Safety - High
Intensity DUI Enforcement Grant - Board approval is
requested by the Probation Department to accept a grant
award in the amount of $265,170 (1000 State) from the
State of California-Office of Traffic Safety. Grant
funding will be utilized for a project designed to target
high risk repeat DUI offenders on felony probation. The
term of the grant is April 1, 2000, through
March 31, 2002 - action requested - ACCEPT GRANT AWARD
AND AUTHORIZE THE CHIEF PROBATION OFFICER TO ADMINISTER
THE GRANT; AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER
TO SIGN GRANT DOCUMENTS.
34. Pacific Gas and Electric - Board approval is requested by
the Public works Department for agreements (actual cost
agreement, joint use agreement, and consent to common use
agreement) with Pacific Gas and Electric which will
provide for the relocation of overhead electrical
utilities in response to the Centerville Road Bridge
across Butte Creek project. The estimated cost for the
relocation project is $50,000 (department budget) and is
not a reimbursable expense associated with the bridge
project - action requested - APPROVE AGREEMENTS AND
AUTHORIZE THE CHAIR TO SIGN.
35. California State Association of Counties-Excess Insurance
Authority (CSAC-EIA) - Memorandum of Understanding -
Board approval is requested by the Risk Manager for a
Memorandum of Understanding with the CSAC-EIA authorizing
Butte County to participate in the fully insured Primary
workers' Compensation Program. The term of the agreement
is July 1, 2000, through June 30, 2005 - action
requested - APPROVE MEMORANDUM OF UNDERSTANDING AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
Page 164 Mav 30, 2000
Mav 30, 2000
00-174 36. State of California-Department of water Resources - Board
approval is requested by the Sheriff's Office for a
revenue agreement with the State of California-Department
of water Resources for the provision of boat and
vehicular patrol services, including law and boating
safety enforcement, at the Thermalito Afterbay
facilities. The term of the agreement is July 1, 2000,
through June 30, 2003, with a maximum amount payable to
the County of $486,000 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR AND THE SHERIFF-CORONER
TO SIGN. (Contract No. R40226)
37. Certification of Statement of Votes Cast - the County
Clerk Recorder-Registrar of Voters submits the
Certification of Statement of Votes Cast for the Special
Recall Election held May 2, 2000, in the City of
Oroville - action requested - ACCEPT AND APPROVE THE
CERTIFICATION OF STATEMENT OF VOTES CAST.
38. Certification of Statement of Votes Cast - the County
Clerk Recorder-Registrar of Voters submits the
Certification of Statement of Votes Cast for the
Manzanita Elementary School District Special School Bond
Election held May 2, 2000, in the Manzanita Elementary
School District - action requested - ACCEPT AND APPROVE
THE CERTIFICATION OF STATEMENT OF VOTES CAST. (145)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM
3.11, AND WITH THE ACTION REQUESTED FOR ITEMS 3.20 AND 3.22
AMENDED TO INCLUDE THE FOLLOWING LANGUAGE, "...SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER, AND
SUBJECT TO COMPLETION OF THE SB 45 FUNDING ALLOCATION PROCESS
FROM CALTRANS AND CALIFORNIA TRANSPORTATION COMMISSION".
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
00-175 Appointments - Commissions and Committees (203)
1. Appointments to committee vacancies. (NONE)
Page 165 Mav 30, 2000
Mav 30, 2000
00-175 2. Sacramento
Management
Sacramento
requested
END 2002),
TO END 200
River Fisheries and Riparian Habitat
Plan Program - Non-Profit Organization for the
River Conservation Area appointments - action
- APPOINT ONE LANDOWNER REPRESENTATIVE (TERM TO
AND ONE PUBLIC INTEREST REPRESENTATIVE (TERM
3) (FROM 5-16-00/5.05)
MOTION: I MOVE TO APPOINT SHIRLEY LEWIS, LANDOWNER REPRESENTATIVE, TO
A TERM TO END 2002.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPOINT JANE DOLAN, PUBLIC INTEREST REPRESENTATIVE,
TO A TERM TO END 2003.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-176 Update on legislative and budget activities. (378) STARLYN S.
BROWN, ASSISTANT CHIEF ADMINISTRATIVE OFFICER, PROVIDED THE
BOARD WITH AN UPDATE ON THE COUNTY ADMINISTRATIVE OFFICER'S
MEETING HELD LAST WEEK. TOPICS OF DISCUSSION AT THE MEETING
FOCUSED ON THE MAY REVISE AND THE LACK OF RESOURCES PROVIDED TO
LOCAL GOVERNMENTS. JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE
OFFICER, AGAIN URGED CITIZENS TO WRITE THE LEGISLATURE AND THE
GOVERNOR REQUESTING THE RETURN OF FUNDS TO LOCAL GOVERNMENTS.
1. Request for Support - Assembly Bill 2754 (House) -
consideration of a letter of support for Assembly
Bill 2754, which, if adopted, will reduce the fiscal
impacts of Senate Bill 1785, which increased the
sheltering period for stray animals - action requested -
APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO
SIGN. (640)
MOTION: I MOVE TO APPROVE A LETTER OF SUPPORT AND AUTHORIZE THE CHAIR
TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-177 Butte County Farm, Home and 4-H Support Group - presentation to
the Board of the newly formed Butte County Farm, Home and 4-H
Support Group - action requested - ACCEPT FOR INFORMATION.
(789)
PRESENTATION TO THE BOARD BY BILL OLSEN, FARM AND HOME ADVISOR;
DR. TOBY WINER, UNIVERSITY OF CALIFORNIA, ASSISTANT VICE
PRESIDENT WITH THE DIVISION OF AGRICULTURE AND NATURAL
RESOURCES; AND ED MCLAUGHLIN, CHAIRMAN, BUTTE COUNTY FARM, HOME
AND 4-H SUPPORT GROUP.
Page 166 Mav 30, 2000
Mav 30, 2000
00-178 Butte Basin water Users Association - Annual Report -
presentation to the Board of the Butte Basin water Users
Association's Annual Report by Toccoy Dudley, Butte County
water Commission Technical Advisory Committee - action
requested - ACCEPT FOR INFORMATION. (1166)
PRESENTATION TO THE BOARD BY ED CRADDOCK, DIRECTOR-WATER AND
RESOURCE CONSERVATION, AND TOCCOY DUDLEY, BUTTE COUNTY WATER
COMMISSION-TECHNICAL ADVISORY COMMITTEE.
RECESS: 10:01 A.M.
RECONVENE: 10:10 A.M.
SUPERVISOR BEELER NOT PRESENT
00-179 A Matter on which a Public Hearing Has Been Held and a Motion
of Intent Adopted - Minor Use Permit - Suzanne Jessen - appeal
of the Planning Commission's denial of a Minor Use Permit to
allow a large family day care facility for 12 or fewer children
(item determined to be categorically exempt from environmental
review) on property zoned A-10 (Agricultural - 10 acre parcels)
and located on the west side of Esquon Road, approximately .41
miles north of Durham-Dayton Highway in the Durham area, and
identified as APN 040-150-026 - action requested:
1. SUBJECT TO FINDING I AS DETAILED IN THE STAFF REPORT
DATED MAY 30, 2000, FIND THAT THE MINOR USE PERMIT FOR
SUZANNE JESSEN FOR A LARGE FAMILY DAY CARE FACILITY FOR
12 OR FEWER CHILDREN, IS EXEMPT FROM ENVIRONMENTAL REVIEW
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO SECTION 15303 (CLASS 3); AND
2. SUBJECT TO FINDINGS II (A-E) AS DETAILED IN THE STAFF
REPORT DATED MAY 30, 2000, AND THE CONDITIONS OF APPROVAL
AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED
MAY 30, 2000, APPROVE THE MINOR USE PERMIT AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 5-16-00/5.02) (1754)
MOTION: SUBJECT TO FINDING I AS DETAILED IN THE STAFF REPORT DATED
MAY 30, 2000, I MOVE TO FIND THAT THE MINOR USE PERMIT FOR
SUZANNE JESSEN, FOR A LARGE FAMILY DAY CARE FACILITY FOR 12 OR
FEWER CHILDREN, IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION
15303 (CLASS 3), AND SUBJECT TO FINDINGS II (A-E) AS DETAILED
IN THE STAFF REPORT DATED MAY 30, 2000, AND THE CONDITIONS OF
APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED
MAY 30, 2000, FURTHER MOVE TO APPROVE THE MINOR USE PERMIT AND
AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Motion Carried)
Page 167 Mav 30, 2000
Mav 30, 2000
SUPERVISOR BEELER PRESENT
00-180 Butte County Fiscal Year 1999-2000 Budgetary Update -
discussion of budgetary issues for the Sheriff's Office and
Fire Department - action requested - BOARD DISCUSSION AND
DIRECTION. (1806)(**00)
DISCUSSION REGARDING SHERIFF'S OFFICE BUDGET.
MOTION: WITH REGARDS TO THE SHERIFF'S OFFICE BUDGET, I MOVE TO PLACE AN
ADMINISTRATIVE FREEZE ON THE FILLING OF VACANT POSITIONS; DEFER
AUTHORITY RELATING TO THE PURCHASE OF FIXED ASSETS UNTIL AFTER
THE MID-YEAR REPORT; LIMIT THE FLEXIBILITY AUTHORIZED TO EFFECT
DEPARTMENT LEVEL BUDGET TRANSFERS; AND REQUIRE MONTHLY FISCAL
REPORTS FROM THE SHERIFF'S OFFICE.
M S
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion Carried)
DISCUSSION REGARDING FIRE DEPARTMENT BUDGET WILL FOLLOW PUBLIC
HEARING ITEMS.
Public Hearincrs and Timed Items
00-181 Continued Public Hearing - Use Permit - Robyn Kissler -
consideration of an appeal of the Planning Commission's
approval of a Use Permit as an amendment to Use Permit 96-15,
modifying the existing emergency dog shelter for 49 dogs to a
private kennel for 30 show dogs (item on which a negative
declaration with mitigation measures regarding environmental
impacts has been recommended), on property zoned A-R
(Agricultural-Residential). The property is located on Brown
Boulevard in Oroville, and identified as APN 028-062-016
(CBS [File No. UP 00-31] ) - action requested - STAFF RECOMMENDS
THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE STAFF
REPORT DATED MAY 30, 2000, ADOPT A MITIGATED NEGATIVE
DECLARATION AND AUTHORIZE THE CHAIR TO SIGN;
2. FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE
ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR
HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE
COLLECTION OF DEPARTMENT OF FISH AND GAME FEES; AND
3. SUBJECT TO FINDINGS III (A 1-5) AS DETAILED IN THE STAFF
REPORT DATED MAY 30, 2000, AND THE CONDITIONS OF APPROVAL
AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED
MAY 30, 2000, DENY THE APPEAL AND APPROVE USE PERMIT
00-03 MODIFYING USE PERMIT 96-15 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 4-25-00 [5.03]) (**1032)
Page 168 Mav 30, 2000
Mav 30, 2000
00-181 PUBLIC HEARING RECONVENED: 11:26 A.M.
PUBLIC HEARING CLOSED: 11:26 A.M.
MOTION: SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE STAFF REPORT
DATED MAY 30, 2000, I MOVE TO ADOPT A MITIGATED NEGATIVE
DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; FIND THAT THE
PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH
AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS"
EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME
FEES; AND SUBJECT TO FINDINGS III (A 1-5) AS DETAILED IN THE
STAFF REPORT DATED MAY 30, 2000, AND THE CONDITIONS OF APPROVAL
AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED
MAY 30, 2000, AS AMENDED TO REMOVED THE WORDS, "ON A DAILY
BASIS" FROM CONDITION 4, FURTHER MOVE TO DENY THE APPEAL AND
APPROVE USE PERMIT 00-03 MODIFYING USE PERMIT 96-15 AND
AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-182 Public Hearing - County of Butte - west Sacramento Avenue
Bridge - Draft Initial Study/Mitigated Negative Declaration -
consideration of the conceptual plans and environmental
determination for construction of a new bridge on west
Sacramento Avenue at Kusal Slough. The proposed project site
is located on west Sacramento Avenue, approximately 5 miles
west of the city of Chico. The project involves construction
and operation of a new bridge over Kusal Slough which will
replace a structurally deficient and functionally obsolete
bridge currently spanning the channel. No acquisition of
additional right-of-way along west Sacramento Avenue will be
required. The new bridge will be constructed in the
same location as the current bridge, as shown in the plan
prepared by the Butte County Public works Department, dated
February 10, 2000 (revision). A Mitigated Negative Declaration
has been prepared for the proposed project . The Initial Study,
upon which the proposed Mitigated Negative Declaration is
based, concludes that potential environmental impacts can be
reduced to less-than-significant levels - action requested:
1. FIND THAT THE WEST SACRAMENTO AVENUE BRIDGE ACROSS KUSAL
SLOUGH, BUTTE COUNTY PROJECT NUMBER 54123-95-2, COULD NOT
HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT; AND
2. SUBJECT TO FINDINGS II (A AND B) AS DETAILED IN THE STAFF
REPORT DATED MAY 16, 2000, ADOPT THE NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACTS WITH MITIGATIONS 1-9, AS
DETAILED IN THE STAFF REPORT DATED MAY 16, 2000, AND
AUTHORIZE THE CHAIR TO SIGN. (**1403)
Page 169 Mav 30, 2000
Mav 30, 2000
00-182 PUBLIC HEARING OPENED: 11:35 A.M.
PUBLIC HEARING CLOSED: 11:35 A.M.
MOTION: I MOVE TO FIND THAT AN INITIAL STUDY WAS COMPLETED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, THAT
SAID STUDY IDENTIFIED POTENTIAL SIGNIFICANT ENVIRONMENTAL
EFFECTS AND INCLUDES MITIGATION MEASURES THAT WOULD MITIGATE
SUCH EFFECTS BELOW SIGNIFICANT LEVELS, AND THAT A MITIGATED
NEGATIVE DECLARATION IS PROPOSED; FIND THAT THE BOARD OF
SUPERVISORS HAS CONSIDERED THE PROPOSED MITIGATED NEGATIVE
DECLARATION, TOGETHER WITH COMMENTS RECEIVED DURING THE PUBLIC
REVIEW PROCESS; FIND, ON THE BASIS OF THE WHOLE RECORD BEFORE
THE BOARD, INCLUDING THE INITIAL STUDY AND ANY COMMENTS
RECEIVED, THAT THERE IS NO SUBSTANTIAL EVIDENCE THAT THE WEST
SACRAMENTO AVENUE BRIDGE ACROSS KUSAL SLOUGH (BUTTE COUNTY
PROJECT NO. 54123-95-2), AS MITIGATED, WILL HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT; FIND THAT THE PROPOSED MITIGATED
NEGATIVE DECLARATION REFLECTS THE INDEPENDENT JUDGMENT AND
ANALYSIS OF THE COUNTY, WHICH IS THE LEAD AGENCY; AND SUBJECT
TO FINDINGS II (A AND B) AS DETAILED IN THE STAFF REPORT DATED
MAY 16, 2000, I FURTHER MOVE TO ADOPT THE NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACTS WITH MITIGATIONS 1-9 AS
DETAILED IN THE STAFF REPORT DATED MAY 16, 2000, AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 11:39 A.M.
RECONVENED: 11:45 A.M.
Public Hearincr and Timed Items
00-183 Public Hearing - Scott Martin - Use Permit - consideration of
an appeal of the Planning Commission's approval of a Use Permit
to terminate the Conveyance of Development Rights and Open Area
Easement of a homesite segregation agreement on property zoned
A-5 (Agricultural - 5 acre parcels), and located on the north
side of Chatfield Avenue, approximately 400 feet west of
Azevedo Avenue in the Biggs area. The property is identified
as APN 022-190-049 (SB [File No. UP 00-09]) - action requested:
1. SHOULD THE BOARD CHOOSE TO DENY THE APPEAL AND APPROVE
THE USE PERMIT, STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
A. DENY THE APPEAL OF THE PLANNING COMMISSION'S
APPROVAL OF A USE PERMIT TO TERMINATE THE CONVEYANCE
OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT OF A
HOMESITE SEGREGATION AGREEMENT;
Page 170 Mav 30, 2000
Mav 30, 2000
00-183 B. DETERMINE THE PROJECT TO BE CATEGORICALLY EXEMPT
FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION
15303(a) OF THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT; AND
C. SUBJECT TO FINDING III (A) AS DETAILED IN THE STAFF
REPORT DATED MAY 30, 2000, AND THE CONDITIONS OF
APPROVAL AS DETAILED IN THE STAFF REPORT DATED
MAY 30, 2000, APPROVE THE USE PERMIT TO TERMINATE
THE CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA
EASEMENT OF A HOMESITE SEGREGATION AGREEMENT (BUTTE
COUNTY RECORDER SERIAL NUMBER 82-34889, BOOK 2772,
PAGES 521 THROUGH 526 ) AND AUTHORIZE THE CHAIR TO
SIGN.
2. SHOULD THE BOARD CHOOSE TO UPHOLD THE APPEAL AND DENY THE
USE PERMIT, STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING
ACTION:
A. SUBJECT TO FINDING II (A) AS DETAILED IN THE STAFF
REPORT DATED MAY 30, 2000, UPHOLD THE APPEAL AND
DENY THE USE PERMIT TO TERMINATE THE CONVEYANCE OF
DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT OF A
HOMESITE SEGREGATION AGREEMENT. (**1754)(***00)
PUBLIC HEARING OPENED: 11:51 A.M.
PUBLIC HEARING CLOSED: 12:20 P.M.
MOTION: I MOVE TO DENY THE APPEAL OF THE PLANNING COMMISSION' S APPROVAL
OF A USE PERMIT TO TERMINATE THE CONVEYANCE OF DEVELOPMENT
RIGHTS AND OPEN AREA EASEMENT OF A HOMESITE SEGREGATION
AGREEMENT; MOVE TO DETERMINE THE PROJECT TO BE CATEGORICALLY
EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15303(a)
(CLASS 3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. A CLASS
3 EXEMPTION CONSISTS OF THE CONSTRUCTION OF ONE SINGLE FAMILY
RESIDENCE AND ACCESSORY STRUCTURES. SECTION 15300.2 (a) FURTHER
ALLOWS FOR A CLASS 3 EXEMPTION UPON CONSIDERATION OF WHERE THE
PROJECT IT LOCATED. IT STATES THAT A PROJECT THAT IS ORDINARILY
INSIGNIFICANT IN ITS IMPACT TO THE ENVIRONMENT MAY, IN A
PARTICULARLY SENSITIVE ENVIRONMENT, BE SIGNIFICANT. THERE ARE
NO ENVIRONMENTALLY SENSITIVE AREAS ON THE PROJECT SITE.
SUBJECT TO FINDING III (A) AS DETAILED IN THE STAFF REPORT
DATED MAY 30, 2000, AND THE ADDITIONAL FINDINGS THAT THERE HAS
BEEN AN INCREASE IN HOUSING TO THE AREA, THAT THE AREA HAS
DEVELOPED FROM A PRIMARILY AGRICULTURAL AREA TO A MORE
AGRICULTURAL-RESIDENTIAL SETTING WHERE "RANCHETTES" ARE BUILT,
AND AS A RESULT, THE AREA HAS SUFFICIENTLY CHANGED, FURTHER
MOVE TO APPROVE THE USE PERMIT TO TERMINATE THE CONVEYANCE OF
DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT OF A HOMESITE
SEGREGATION AGREEMENT (BUTTE COUNTY RECORDER SERIAL NUMBER
82-34889, BOOK 2772, PAGES 521 THROUGH 526) SUBJECT TO THE
CONDITIONS OF APPROVAL AS DETAILED IN THE STAFF REPORT DATED
MAY 30, 2000, AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion Carried)
Page 171 Mav 30, 2000
Mav 30, 2000
Regular Agenda
00-184 Butte County Fiscal Year 1999-2000 Budgetary Update -
discussion of budgetary issues for the Sheriff's Office and
Fire Department - action requested - BOARD DISCUSSION AND
DIRECTION. (***686)
DISCUSSION REGARDING FIRE DEPARTMENT BUDGET.
BOARD DIRECTION THAT FURTHER DISCUSSIONS REGARDING ACTIONS ON
THE FIRE DEPARTMENT BUDGET BE POSTPONED UNTIL THE END OF THE
FISCAL YEAR. THE FIRE DEPARTMENT APPEARS TO BE MOVING TOWARDS
MEETING THE REQUIRED EXPENDITURE SAVINGS.
00-185 CLOSED SESSION: the Board recessed at 12:55 p.m. to a closed
session meeting to discuss public employee
performance evaluations pursuant to Government
Code Section 54957: Director-Development
Services, Director-Libraries, and Director-
Social Welfare. THE PUBLIC EMPLOYEE
PERFORMANCE EVALUATION FOR THE DIRECTOR OF
BEHAVIORAL HEALTH WAS REMOVED FROM THE CLOSED
SESSION AGENDA. A SUBCOMMITTEE COMPRISED OF
SUPERVISORS HOUX AND JOSIASSEN WAS FORMED TO
INITIATE DISCUSSIONS ON THE PUBLIC EMPLOYEE
PERFORMANCE EVALUATION OF THE DIRECTOR OF
BEHAVIORAL HEALTH. (***1060)
RECONVENE: the Board reconvened at 1:37 p.m. from a
closed session meeting to discuss public
employee performance evaluations pursuant to
Government Code Section 54957: Director-
Development Services, Director-Libraries, and
Director-Social welfare. (***1148) NO
ANNOUNCEMENTS.
Page 172 Mav 30, 2000
Mav 30, 2000
Public Hearincr and Timed Items
SUPERVISOR BEELER NOT PARTICIPATING IN HEARING.
00-186 Public Hearing - Marjorie O'Brien-west - Tentative Parcel
Map and Lot Line Adjustment - consideration of an appeal
of the Development Review Committee's determination
regarding environmental findings on a Tentative Parcel
Map (item on which a negative declaration with mitigation
measures regarding environmental impacts has been
recommended) to create three parcels (one of 5 acres, one
of 25 acres, and one of 30 acres), and a Lot Line
Adjustment enlarging one parcel to 10 acres, on property
zoned AR-5 (Agricultural Residential - 5 acre parcels).
The property is located on both sides of Long Bar Road,
approximately % mile east of Canyon Highlands in Oroville
and identified as APN 033-010-053 and 071 (SB [File No.
TPM 00-07]) - action requested - STAFF RECOMMENDS THE
BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDING I (A) AS DETAILED IN THE STAFF
REPORT DATED MAY 30, 2000, DENY THE APPEAL OF THE
DEVELOPMENT REVIEW COMMITTEE'S DETERMINATION
REGARDING ENVIRONMENTAL FINDINGS;
2. SUBJECT TO FINDING II AS DETAILED IN THE STAFF
REPORT DATED MAY 30, 2000, FIND THAT THE LOT LINE
ADJUSTMENT FOR MARJORIE O'BRIEN-WEST IS EXEMPT FROM
ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT SECTION 15305 (CLASS 5);
3. SUBJECT TO FINDINGS III (A AND B), AS DETAILED IN
THE STAFF REPORT DATED MAY 30, 2000, AND THE
CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF
THE STAFF REPORT DATED MAY 30, 2000, APPROVE THE LOT
LINE ADJUSTMENT;
4. SUBJECT TO FINDINGS IV (A AND B) AS DETAILED IN THE
STAFF REPORT DATED MAY 30, 2000, ADOPT A MITIGATED
NEGATIVE DECLARATION FOR THE TENTATIVE PARCEL MAP
AND AUTHORIZE THE CHAIR TO SIGN;
5. FIND THAT THE TENTATIVE PARCEL MAP WILL HAVE AN
IMPACT TO FISH AND/OR WILDLIFE HABITAT, AND DIRECT
THE PAYMENT OF DEPARTMENT OF FISH AND GAME FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3)
AND 14 CCR 753.5; AND
6. SUBJECT TO FINDINGS VI (A-G) AS DETAILED IN THE
STAFF REPORT DATED MAY 30, 2000, AND THE CONDITIONS
OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF
REPORT DATED MAY 30, 2000, APPROVE TENTATIVE PARCEL
MAP 00-07.
Page 173 Mav 30, 2000
Mav 30, 2000
00-186 SHOULD THE BOARD CHOOSE TO APPROVE THE APPEAL, STAFF RECOMMENDS
THE BOARD TAKE THE ACTIONS LISTED ABOVE WITH THE FOLLOWING
AMENDMENTS:
1. APPROVE THE APPEAL AND FIND THE TENTATIVE PARCEL MAP TO
BE "DE MINIMUS"; THAT IT WILL NOT HAVE AN IMPACT TO FISH
AND/OR WILDLIFE; AND
5. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS
WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR
WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS"
EXEMPTION TO THE COLLECTION OF FISH AND GAME FEES.
(***1160)
PUBLIC HEARING OPENED: 1:51 P.M.
PUBLIC HEARING CLOSED: 2:05 P.M.
MOTION: I MOVE TO APPROVE THE APPEAL AND FIND THE TENTATIVE PARCEL MAP
TO BE "DE MINIMUS", THAT IT WILL NOT HAVE AN IMPACT TO FISH
AND/OR WILDLIFE; SUBJECT TO FINDING II AS DETAILED IN THE STAFF
REPORT DATED MAY 30, 2000, MOVE TO FIND THAT THE LOT LINE
ADJUSTMENT FOR MARJORIE O'BRIEN-WEST IS EXEMPT FROM
ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT SECTION 15305 (CLASS 5); SUBJECT TO FINDINGS III (A
AND B ) , AS DETAILED IN THE STAFF REPORT DATED MAY 3 0 , 2 0 0 0 , AND
THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE
STAFF REPORT DATED MAY 30, 2000, AS AMENDED TO REMOVE CONDITION
OF APPROVAL 3, MOVE TO APPROVE THE LOT LINE ADJUSTMENT;
SUBJECT TO FINDINGS IV (A AND B) AS DETAILED IN THE STAFF
REPORT DATED MAY 30, 2000, MOVE TO ADOPT A MITIGATED NEGATIVE
DECLARATION FOR THE TENTATIVE PARCEL MAP AND AUTHORIZE THE
CHAIR TO SIGN; FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR
WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION
TO THE COLLECTION OF FISH AND GAME FEES; AND SUBJECT TO
FINDINGS VI (A-G) AS DETAILED IN THE STAFF REPORT DATED
MAY 30, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN
EXHIBIT "A" OF THE STAFF REPORT DATED MAY 30, 2000, AS AMENDED
TO REMOVE THE CONDITION OF APPROVAL 3, FURTHER MOVE TO APPROVE
TENTATIVE PARCEL MAP 00-07.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Motion Carried)
Page 174 Mav 30, 2000
Mav 30, 2000
00-187 Public Hearing - Garry Cooper - Lot Line Adjustment and
Tentative Parcel Map - consideration of an appeal of the
Development Review Committee's determination regarding a
Tentative Parcel Map to divide a 35 acre parcel into one 10
acre parcel and one 25 acre parcel (item on which a negative
declaration with mitigation measures regarding environmental
impacts has been recommended) and a Lot Line Adjustment between
APN Olt-760-008 and Olt-280-126. The Lot Line Adjustment will
move the common parcel line 2.25 acres to the south. The
project property is zoned FR-5 (Foothill Recreational - 5 acre
parcels) and located at the intersection of Rich Bar Road
and Merritt Horning Drive, Centerville, Butte Creek Canyon
(SB [File No. TPM 00-11) - action requested - STAFF RECOMMENDS
THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDING I (A) AS DETAILED IN THE STAFF REPORT
DATED MAY 30, 2000, DENY THE APPEAL;
2. SUBJECT TO FINDING II AS DETAILED IN THE STAFF REPORT
DATED MAY 30, 2000, FIND THE LOT LINE ADJUSTMENT FOR
GARRY COOPER IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PURSUANT TO SECTION 15305 (CLASS 5);
3. SUBJECT TO FINDINGS III (A AND B) AS DETAILED IN THE
STAFF REPORT DATED MAY 30, 2000, AND THE CONDITIONS OF
APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT
DATED MAY 30, 2000, APPROVE THE LOT LINE ADJUSTMENT
RESULTING IN A PARCEL SIZE OF 10+ ACRES FOR APN 011-760-
008, AND 35+/- ACRES FOR APN Olt-280-126;
4. SUBJECT TO FINDINGS IV (A-E) AS DETAILED IN THE STAFF
REPORT DATED MAY 30, 2000, ADOPT A MITIGATED NEGATIVE
DECLARATION FOR THE TENTATIVE PARCEL MAP AND AUTHORIZE
THE CHAIR TO SIGN;
5. FIND THAT THE TENTATIVE PARCEL MAP WILL HAVE AN IMPACT TO
FISH AND/OR WILDLIFE AND THEIR HABITAT AND DIRECT THE
PAYMENT OF DEPARTMENT OF FISH AND GAME FEES PURSUANT TO
FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5;
AND
6. SUBJECT TO FINDINGS VI (A-F) AS DETAILED IN THE STAFF
REPORT DATED MAY 30, 2000, AND THE CONDITIONS OF APPROVAL
AS DETAILED IN EXHIBIT "B" OF THE STAFF REPORT DATED
MAY 30, 2000, APPROVE THE TENTATIVE PARCEL MAP TO CREATE
ONE 10+/- ACRE PARCEL AND ONE 25+/- ACRE PARCEL.
(***2330)(****00)
Page 175 Mav 30, 2000
Mav 30, 2000
00-187 PUBLIC HEARING OPENED: 2:15 P.M.
PUBLIC HEARING CLOSED: 2:41 P.M.
MOTION: SUBJECT TO FINDING I (A) AS DETAILED IN THE STAFF REPORT DATED
MAY 30, 2000, I MOVE TO DENY THE APPEAL; SUBJECT TO FINDING II
AS DETAILED IN THE STAFF REPORT DATED MAY 30, 2000, MOVE TO
FIND THE LOT LINE ADJUSTMENT FOR GARRY COOPER IS EXEMPT FROM
ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) PURSUANT TO SECTION 15305 (CLASS 5);
SUBJECT TO FINDINGS III (A AND B) AS DETAILED IN THE STAFF
REPORT DATED MAY 30, 2000, AND THE CONDITIONS OF APPROVAL AS
DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MAY 30, 2000,
APPROVE THE LOT LINE ADJUSTMENT RESULTING IN A PARCEL SIZE OF
10+ ACRES FOR APN Olt-760-008, AND 35+/- ACRES FOR APN 011-280-
126; SUBJECT TO FINDINGS IV (A-E) AS DETAILED IN THE STAFF
REPORT DATED MAY 30, 2000, ADOPT A MITIGATED NEGATIVE
DECLARATION FOR THE TENTATIVE PARCEL MAP AND AUTHORIZE THE
CHAIR TO SIGN; FIND THAT THE TENTATIVE PARCEL MAP WILL HAVE AN
IMPACT TO FISH AND/OR WILDLIFE AND THEIR HABITAT AND DIRECT THE
PAYMENT OF DEPARTMENT OF FISH AND GAME FEES PURSUANT TO FISH
AND GAME CODE SECTION 711.4 (d) (3) AND 14 CCR 753.5; AND SUBJECT
TO FINDINGS VI (A-F) AS DETAILED IN THE STAFF REPORT DATED
MAY 30, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN
EXHIBIT "B" OF THE STAFF REPORT DATED MAY 30, 2000, FURTHER
MOVE TO APPROVE THE TENTATIVE PARCEL MAP TO CREATE ONE 10+/-
ACRE PARCEL AND ONE 25+/- ACRE PARCEL.
S M
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion Carried)
RECESS:
RECONVENE
2:45 P.M.
3:05 P.M.
00-188 Items removed from the Consent Agenda for Board consideration
and action. (****520)
1. Adoption of a Salary Ordinance Amendment - Board approval
is requested by the Personnel Department for a salary
ordinance amendment which includes adjustments for
appointed and elected department heads, effective
July 8, 2000, in conformance with the compensation
program for appointed and elected department heads -
action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 5-16-00 [3.11])
NO ACTION TAKEN. ITEM TO BE INCLUDED ON REGULAR AGENDA OF
JUNE 13, 2000.
Page 176 Mav 30, 2000
Mav 30, 2000
00-189 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING
ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.) (****565)
1. Bill Wilson addressed the Board, revisiting his public
speaking sessions from the last few meetings.
Specifically, the illegal collection of developer fees on
projects along Highway 162, the lack of development in
Oroville, and the development project of Dan Kohrdt.
Communications
00-190 Communications received and referred. (A LISTING AND COPIES OF
ADDITIONAL COMMUNICATIONS RECEIVED BY THE BOARD ARE AVAILABLE
IN THE CLERK OF THE BOARD OFFICE.)
1. The Department of Development Services and the Public
Health Department provide notice that effective
June 5, 2000, the divisions of Building and Environmental
Health, located at 411 Main Street, Chico, will be
expanding their counter service hours to include 12:00 -
1:00 p.m., Monday through Friday, in response to public
requests for expanded service hours.
ADJOURNMENT: there being no further business before the
Board the meeting was adjourned at 3:22 p.m.
to reconvene at a regular meeting of the Board
on Tuesday, June 13, 2000.
Jane Dolan, Chair
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Board of Supervisors
By.
Page 177 Mav 30, 2000