HomeMy WebLinkAboutM061300BOARD 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
June 13, 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.
CHAIR DOLAN NOTES THAT DUE TO HEALTH PROBLEMS, ALBERT MITCHELL
WILL NOT BE RENEWING HIS CONTRACT TO VIDEOTAPE THE BOARD
MEETINGS. CHAIR DOLAN, ON BEHALF OF THE BOARD, THANKS
MR. MITCHELL FOR HIS YEARS OF SERVICE. (80)
Invocation - Pastor Don North, Trinity Bible Church, Oroville.
00-191 Items removed from the Consent Agenda for Board consideration
and action. (145)
1. Probation Donations - in accordance with Government Code
Section 25355, the following donations have been received
by the Probation Department: $900 from Soroptimist
International of Chico, Inc, to support the Peer Court
Program; $780 from Soroptimist International of Chico,
Inc, to support the program with Habitat for Humanity
wherein juvenile offenders on probation perform labor
projects; and $100 from an anonymous donor in memory of
Jackie Faris-Rees. These funds were also designated to
be used by the Peer Court Program - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
Page 178 June 13, 2000
June 13, 2000
00-191
2. Rocky Bluffs Subdivision - Phase 2 - the project consists
of 11 lots located between Skyway and Butte Creek Canyon
on Osprey Circle and the east end of Eagle Nest Drive.
The developer has provided improvement bonds to guarantee
construction of road, drainage, fire protection, and
sewer facilities within one year - action requested -
APPROVE FINAL MAP; ACCEPT EASEMENTS AS OFFERED IN ITEMS
1 AND 2 OF THE OWNER'S STATEMENT ON BEHALF OF THE
ENTITIES NAMED; AND AUTHORIZE THE CHAIR TO SIGN THE
SUBDIVISION AGREEMENT.
Consent A ecr nda
00-192
1. Approval of Minutes - action requested - APPROVE MINUTES
OF MAY 30, 2000.
2. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-338 (DEVELOPMENT SERVICES [4 /5 vote
required]) AND B-387 (SHERIFF'S OFFICE [4/5 vote
required]).
3. County Library Donations - in accordance with Government
Code Section 25355, donations of $1,665 from Chico
Friends of the Library, $1,500 from Gridley Friends of
the Library, and $100 in anonymous donations have been
received for the Butte County Trust Fund for the purchase
of books - action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
4. Sheriff's Office - Vehicles Donation - the Sheriff's
Office has received a donation of two vehicles (a 1989
Buick Regal and a 1989 Oldsmobile Cutlass) which will be
used by the Sheriff's Team of Active Retired Seniors
(STARS). Board approval is requested to accept the
vehicles as fixed assets - action requested - ACCEPT
DONATIONS AS FIXED ASSETS FOR THE SHERIFF'S OFFICE.
5. Butte County Housing Authority Board - action requested -
APPOINT BILL CHAPMAN, DISTRICT 1 REPRESENTATIVE, TO A
VACATED TERM TO END JANUARY 8, 2001.
6. Butte County Behavioral Health Board - action requested -
APPOINT ROBERT SATO, FAMILY MEMBER, TO A TERM TO END
DECEMBER 31, 2000; APPOINT JENNIFER LEUBE, CONSUMER
MEMBER, TO A VACATED TERM TO END DECEMBER 31, 2001; AND
APPOINT JOHN RUCKER, ADAC/FAS TASK FORCE REPRESENTATIVE,
TO A VACATED TERM TO END DECEMBER 31, 2001.
Page 179 June 13, 2000
June 13, 2000
00-192 7. James R. Black - General Plan Rezone - Report to the
Board - the Planning Commission has recommended denial of
the General Plan Amendment from Orchard and Field Crops
to Agricultural Residential and a Rezone from A-10
(Agricultural - 10 acre parcels) to SR-3 (Suburban
Residential - 3 acre parcels) on property located at
the southeast corner of Burdick Road and Turner Lane,
Durham - action requested - ACCEPT FOR INFORMATION; AND
SET PUBLIC HEARING FOR THIS MATTER FOR JULY 11, 2000, AT
10:45 A.M.
8. Reissue Time Expired warrants - Board approval is
requested by the Administrative Office, on behalf of
John F. and Christi M. Sterle, to reissue time expired
warrant 1000-056673, in the amount of $298.50, and
warrant 1000-056604, in the amount of $47.08. Both
warrants are dated May 22, 1996. The Auditor-Controller
has verified that the warrants are time expired and have
not been reissued, and the original warrants are in the
possession of the County - action requested - DIRECT
AUDITOR-CONTROLLER TO REISSUE TIME EXPIRED WARRANTS.
9. Resolution Establishing Appropriations Limit for County
of Butte for Fiscal Year 2000-2001 and Resolution
Establishing Appropriations Limit for Special Districts
Under Control of the Butte County Board of Supervisors
for Fiscal Year 2000-2001 - Board approval is requested
by the Auditor-Controller for annual resolutions as
required by Section 7910, Division 9 of the California
Government Code - action requested - ADOPT RESOLUTIONS
00-79 AND 00-80 AND AUTHORIZE THE CHAIR TO SIGN.
10. Adoption 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 - ADOPT ORDINANCE 3605 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 5-30-00 [3.12])
11. Adoption 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 - ADOPT ORDINANCE 3606
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 5-30-00 [3.13])
Page 180 June 13, 2000
June 13, 2000
00-192 12. Adoption 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 -
ADOPT ORDINANCE 3607 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 5-30-00 [3.14])
13. 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 increases the salary for the
Court Services Manager classification by 8o to compensate
for increased responsibility assigned to that position -
action requested - WAIVE READING OF THE ORDINANCE.
14. 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 implements a clerical and
administrative reorganization in response to Trial Court
realignment, and the development of a new training and
promotional program. The ordinance combines three Court
Services Coordinator II positions and two Court Services
Coordinator I positions into a flexibly staffed
classification of Court Services Coordinator II/I
position with the position allocations remaining at five;
deletes one Administrative Analyst I - Courts position;
adds two Administrative Analyst III/II - Courts
positions; deletes one Paralegal - Courts position;
deletes one Court Clerk III/II/I position and one half-
time Court Clerk III/II/I position; adds four Court Clerk
IV positions; deletes one Office Assistant II - Courts
position, and four Court Clerk I or Office Assistant II/I
positions; and adds four Office Assistant III/II/I -
Courts positions - action requested - WAIVE READING OF
THE ORDINANCE.
15. Introduction of an Ordinance - Temporary Emergency
Shelters in the Chico Urban Area - Supervisor Houx has
requested the Administrative Office prepare an ordinance
which will provide temporary emergency shelters for the
homeless in the unincorporated areas of Chico. The Chico
urban area no longer has a designated homeless shelter.
In January 1999, in an effort to fill this void, the
County and City of Chico joined together to make
qualified facilities, on an alternating basis, available
to the homeless in the Chico area. The proposed ordinance
will allow for the continuance of this program for a
period of up to five years - action requested - WAIVE
READING OF THE ORDINANCE.
Page 181 June 13, 2000
June 13, 2000
00-192 16. Resolution in Recognition of Susan Minasian upon Her
Retirement as Butte County Counsel - action requested -
ADOPT RESOLUTION 00-81 AND AUTHORIZE THE CHAIR TO SIGN.
17. Award of Bid - Reconstruction of Neal Road from 3.0 to
4.7 Miles East of State Route 99 (County Project No.
46312-92-2) - the project consists of 1.7 miles of
roadway reconstruction on Neal Road from 3.0 to 4.7 miles
east of State Route 99 - action requested - AWARD BID TO
LOW BIDDER, JAEGER CONSTRUCTION INC., IN THE AMOUNT OF
$763,047.50, AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF
PUBLIC WORKS TO SIGN CONSTRUCTION CONTRACT SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER,
AND SUBJECT TO COMPLETION OF THE SB45 FUNDING ALLOCATION
PROCESS FROM CALTRANS AND THE CALIFORNIA TRANSPORTATION
COMMISSION.
18. Merced Manor - Amendment - Board approval is requested by
the Butte County Department of Behavioral Health for an
amendment to the agreement with Merced Manor for the
provision of community mental health services for chronic
mentally disordered patients. The amendment decreases the
maximum amount payable by $45,158.06 in response to
reduced utilization of services. The department wishes
to release the unutilized encumbrance for this fiscal
year. The term of the agreement remains July 1, 1999,
through June 30, 2000 - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11352)
19. Select Janitorial Services - Amendment A - Board approval
is requested by the Butte County Department of Behavioral
Health for an amendment to the agreement with Select
Janitorial Services for the provision of janitorial
services for the department's Chico locations. The
amendment provides for the inclusion of two additional
sites. The term remains April 15, 2000, through
June 30, 2001, and increases the maximum amount payable
by $5,800 (department budget) - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X11588)
20. California State Department of Alcohol and Drug
Programs - Amendment - Board approval is requested by the
Butte County Department of Behavioral Health for an
amendment to the revenue agreement with the California
State Department of Alcohol and Drug Programs for the
provision of additional funds for alcohol and drug
related programs. The amendment provides for an
additional $275,031 in program allocation funds. The
term of the agreement remains July 1, 1998, through
June 30, 2001 - action requested - ADOPT RESOLUTION 00-82
APPROVING AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. R40074)
Page 182 June 13, 2000
June 13, 2000
00-192 21. California State Department of Mental Health - Board
approval is requested by the Butte County Department of
Behavioral Health for a performance agreement with the
State of California-Department of Mental Health for the
provision of professional and inpatient hospital services
to persons who are acutely mentally ill. The agreement
requires the County to establish a community mental
health service which covers the entire area of the
County, and to reimburse the State for use of State
hospital beds. The term of the agreement is July 1, 1999,
through June 30, 2000 - action requested - ADOPT
RESOLUTION 00-83 APPROVING AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
22. Oroville Elementary School District - Board approval is
requested by the Butte County Department of Behavioral
Health for an agreement with the Oroville Elementary
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 $100,000
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X11608)
23. Oroville Hospital - Board approval is requested by the
Butte County Department of Behavioral Health for an
agreement with Oroville Hospital for the provision of
emergency room services. The term of the agreement is
July 1, 1999, through June 30, 2000, with a maximum
amount payable of $27,000 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X11611)
24. Computer Head Starter Program - Amendment - Board
approval is requested by the Butte County Department of
Behavioral Health (BCDBH) for an amendment to the
agreement with the Computer Head Starter Program for the
provision of training, education, case management, and
skills development services to BCDBH clients. The
amendment extends the term through the end of the fiscal
year, and increases the maximum amount payable by $12,000
(department budget) - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11512)
Page 183 June 13, 2000
June 13, 2000
00-192 25. CSE Resources - Amendment - Board approval is requested
by the District Attorney for an amendment to the
agreement with CSE Resources for the provision of
software and support for the Support Enforcement Tracking
System. The amendment extends the term of the agreement
for two months in response to a delay in the transfer of
the department to the KIDZ computer system. The
amendment also increases the maximum amount payable by
$12,781 (department budget) to allow for continued
support - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
THE AUDITOR-CONTROLLER. (Contract No. X10132)
26. Print N Mail, Inc. - Board approval is requested by the
District Attorney-Family Support Division for a renewal
agreement with Print N Mail, Inc., for the provision of
mailing services for monthly Barnes Notices and billing
statements. The term of the agreement is July 1, 2000,
through June 30, 2001, with a maximum amount payable of
$60,000 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X11592)
27. A.D.I. Investigative Services - Board approval is
requested by the District Attorney-Family Support
Division for a renewal agreement with A.D.I.
Investigative Services for the provision of legal process
services. The term of the agreement is July 1, 2000,
through June 30, 2001, with a maximum amount payable of
$85,000 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X11403)
28. Valley Toxicology Service, Inc. - Board approval is
requested by the District Attorney for a renewal
agreement with Valley Toxicology Service, Inc., for the
provision of substance analysis and expert court
testimony for the Criminal Division. The term of the
agreement is July 1, 2000, through June 30, 2001, with a
maximum amount payable of $62,000 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X11402)
29. Long Beach Genetics - Board approval is requested by the
District Attorney-Family Support Division for a renewal
agreement with Long Beach Genetics for the provision of
paternity testing services. The term of the agreement is
July 1, 2000, through June 30, 2001, with a maximum
amount payable of $50,000 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X11251)
Page 184 June 13, 2000
June 13, 2000
00-192 30. Superior Court of California, County of Butte -
Memorandum of Understanding (MOU) - Amendment - Board
approval is requested by the Probation Department for an
amendment to the MOU with the Superior Court of
California, County of Butte, for services in support of
the Juvenile Drug Court Program. The amendment provides
for an augmentation of funds in the amount of $46,757
which will be utilized to reimburse the Probation
Department for Probation Technician services and
urinalysis testing - action requested - APPROVE BUDGET
TRANSFER B-389 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE MOU AND
AUTHORIZE THE CHAIR TO SIGN.
31. California Family Health Council, Inc. - Amendment -
Board approval is requested by the Public Health
Department for an amendment to the revenue agreement with
California Family Health Council, Inc. The amendment
provides for an additional $7,495 in funding to the
Public Health Department for family planning services.
The term of the agreement remains January 1, 2000, to
December 31, 2000 - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
R40222)
32. Physical and Occupational Therapy Services - Board
approval is requested by the Public Health Department for
agreements with several physical and occupational
therapists for the provision of services to eligible
children under the California Children's Services
program. All agreements are for the term of
July 1, 2000, through June 30, 2001, with the following
maximum amounts payable: Bonnie Deer - $44,000 (contract
no. X11665); Meg Palmer - $45,000 (contract no. X11667);
Terri Johnson - $70,000 (contract no. X11661); Susan
McManus - $32,000 (contract no. X11666); Diana willow
Dejesus - $44,000 (contract no. X11664); Dianne Krueger -
$25,000 (contract no. X11663); Teresa wood-Hansen -
$54,000 (contract no. X11669); Alice McCall - $20,000
(contract no. X11662); and Monica Schwartz - $48,000
(contract no. X11668). This program is mandated by
Health and Safety Code 252 and is funded with 250
realignment funds, 50o State funds, and 25o County funds
(department budget) - action requested - APPROVE
AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 185 June 13, 2000
June 13, 2000
00-192 33. Monica Schwartz - Physical and Occupational Therapy
Services - Amendment - Board approval is requested by the
Public Health Department for an amendment to the
agreement with Monica Schwartz for the provision of
therapy services in support of the California Children's
Services program. The amendment increases the maximum
amount payable by $6,000 (25o realignment/50o State/25o
department budget) due to an increased need for
services - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X11459)
34. Parent Education Network - Families in Transition Team
Program - Board approval is requested by the welfare
Department for an agreement with the Parent Education
Network for the provision of in-home visitation services
in support of the Families in Transition Team Program.
The term of the agreement is July 1, 2000, through
June 30, 2002, with a maximum amount payable per year of
$326,000. Funding for the agreement is available
utilizing funds from several sources such as CalwORKS,
Child welfare, Community Based Family Resource Grant
Services, and Child Abuse Prevention Intervention and
Treatment funds - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11649)
35. Joint Powers Agreement with Northern Rural Training and
Employment Consortium (NoRTEC) - Amendment - the Board of
Supervisors previously approved a Joint Exercise of
Powers Agreement Creating a Northern Rural Training and
Employment Consortium to jointly implement the provisions
of the federal workforce Investment Act of 1998 with
eight northern California counties, including Butte. An
amendment to the agreement is requested to include Shasta
County as a ninth member of the consortium - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN.
36. National Pollutant Discharge Elimination System (NPDES) -
Phase II - Storm water Regulations - the Public works
Department submits a report regarding the County's
response to NPDES Storm water Regulations - action
requested - ACCEPT FOR INFORMATION.
37. Children's Trust Fund - Board approval is requested by
the welfare Department to appoint the Children's Services
Coordinating Council as the commission designated to
oversee the Children's Trust Fund. The Social Services
Clearinghouse was originally designated by the Board as
the commission to oversee the trust fund, but the group
no longer exists - action requested - APPOINT THE
CHILDREN'S SERVICES COORDINATING COUNCIL AS THE
COMMISSION TO OVERSEE THE CHILDREN'S TRUST FUND.
Page 186 June 13, 2000
June 13, 2000
00-192 38. Center for Natural Lands Management Draft Permit
No. 1693GM - Board approval is requested by the Butte
County Fish and Game Commission, the Administrative
Office, County Counsel, and the Public works Department,
for a letter to the Reclamation Board withdrawing the
County's protest against the Center for Natural Lands
Management Draft Permit No. 1693GM (Butte Creek upstream
from the Midway Road crossing) project in response to the
revised conditions for the project - action requested -
APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (FROM
5-16-00 [3.41] )
39. Butte County Integrated watershed and Resource
Conservation Program - consideration of the Butte County
water Commission's recommendation to support the concept
of a Butte County Integrated watershed and Resource
Conservation Program, and to seek funding under
Proposition 13 and the 2000 water Bond - action
requested - ACCEPT THE RECOMMENDATION OF THE BUTTE COUNTY
WATER COMMISSION TO SEEK FUNDING FOR THE PROGRAMS
OUTLINED IN THE BUTTE COUNTY INTEGRATED WATERSHED AND
RESOURCE CONSERVATION PROGRAM AND AUTHORIZE THE DIRECTOR
OF WATER AND RESOURCE CONSERVATION TO SIGN NECESSARY
DOCUMENTS ON BEHALF OF THE COUNTY.
40. Advancement within a Salary Range - the Superior Court of
California, County of Butte, has requested the Personnel
Department prepare an agenda item which approves the
advancement of a Court Administrator-Family & Children's
Division position to step 5 of the salary range based on
education and experience. The advancement is to become
effective July 3, 2000 - action requested - PURSUANT TO
PERSONNEL RULES SECTION 11.5(b), APPROVE THE ADVANCEMENT
OF A COURT ADMINISTRATOR-FAMILY & CHILDREN'S DIVISION
POSITION TO STEP 5 OF THE SALARY RANGE EFFECTIVE
JULY 3, 2000. (161)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS
3.05 AND 3.08.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
00-193 CHAIR DOLAN HONORS, AND PRESENTS A RESOLUTION OF RECOGNITION TO
SUSAN MINASIAN, COUNTY COUNSEL, UPON HER RETIREMENT FROM COUNTY
SERVICE. (178)
00-194 Appointments - Commissions and Committees. (395)
1. Appointments to committee vacancies. (NONE)
Page 187 June 13, 2000
June 13, 2000
00-194 SUPERVISOR JOSIASSEN SUBMITS A LETTER OF INTEREST FOR AN
APPOINTEE CANDIDATE TO THE AIRPORT LAND USE COMMISSION.
00-195 Update on legislative and budget activities. (420) JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, PROVIDES THE BOARD WITH
AN UPDATE ON THE STATUS OF THE CURRENT STATE BUDGET PROCESS.
00-196 A Matter on which a Public Hearing Has Been Held and a Motion
of Intent Adopted - Donald M. Senick - waiver of Parcel Map and
Proposed Negative Declaration - an appeal of the Development
Review Committee's denial of a waiver of Parcel Map to create
thirteen 40 acre parcels and one 60 acre parcel from a 580+ acre
parcel, on property zoned A-40 (Agricultural - 40 acre parcels)
and located north of, and adjacent to, Munjar Road,
approximately one mile east of Meridian Road, north of Chico,
and identified as APN 047-200-017 and a portion of APN 047-200-
076 - action requested:
1. SUBJECT TO FINDINGS I (A-C) AS DETAILED IN THE STAFF
REPORT DATED JUNE 13, 2000, ADOPT A MITIGATED NEGATIVE
DECLARATION AND AUTHORIZE THE CHAIR TO SIGN;
2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS
WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR
WILDLIFE AND THEIR HABITAT, AS INDICATED IN THE INITIAL
STUDY, PAGE 10, ITEM 4(A-F), AND APPROVE A "DE MINIMUS"
EXEMPTION TO THE COLLECTION OF FISH AND GAME FEES;
3. SUBJECT TO FINDINGS IV (A-D) AS DETAILED IN THE STAFF
REPORT DATED JUNE 13, 2000, AND THE CONDITIONS OF APPROVAL
AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED
JUNE 13, 2000, UPHOLD THE APPEAL AND APPROVE WAIVER 00-02
FOR DONALD M. SENICK; AND
4. WAIVE THE REQUIREMENT FOR A PARCEL MAP AS REQUIRED UNDER
SECTION 20-94 OF THE BUTTE COUNTY SUBDIVISION ORDINANCE.
(FROM 4-25-00 [4.04]) (554)
MOTION: I MOVE TO AMEND THE CONDITIONS OF APPROVAL AS PRESENTED IN THE
STAFF REPORT DATED JUNE 13, 2000, AS FOLLOWS: CONDITION 1 IS
AMENDED WITH REGARDS TO THE LAST LINE IN PARAGRAPH ONE, TO
REMOVE THE WORDS "PUBLIC WORKS DEPARTMENT" AND REPLACE THEM WITH
"DEVELOPMENT SERVICES DEPARTMENT-BUILDING DIVISION"; SO THAT THE
LAST SENTENCE IN PARAGRAPH ONE IS TO READ, "A COPY OF THE
APPROVED PLAN SHALL BE SUBMITTED TO THE DEVELOPMENT SERVICES
DEPARTMENT-BUILDING DIVISION PRIOR TO RECORDATION OF THE WAIVER.
(MITIGATION MEASURE)". CONDITION 19 IS ALSO AMENDED TO ADD
"MAINTENANCE" OF DETENTION/RETENTION FACILITIES; SO THAT THE
SECOND SENTENCE OF CONDITION 19 WILL READ, "DESIGN, INSTALL, AND
MAINTAIN DETENTION/RETENTION FACILITIES TO REDUCE PEAK RUNOFF
A MINIMUM loo BELOW PRE-DEVELOPMENT LEVELS."
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 188 June 13, 2000
June 13, 2000
00-196 MOTION: SUBJECT TO FINDINGS I (A-C) AS DETAILED IN THE STAFF
REPORT DATED JUNE 13, 2000, I MOVE TO ADOPT A
MITIGATED NEGATIVE DECLARATION 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 AND THEIR HABITAT, AS
INDICATED IN THE INITIAL STUDY, PAGE 10, ITEM
4(A-F), AND APPROVE A "DE MINIMUS" EXEMPTION TO THE
COLLECTION OF FISH AND GAME FEES; SUBJECT TO
FINDINGS IV (A-D) AS DETAILED IN THE STAFF REPORT
DATED JUNE 13, 2000, AND THE CONDITIONS OF APPROVAL
AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED
JUNE 13, 2000, AND AMENDED BY THE ABOVE MOTION, I
FURTHER MOVE TO UPHOLD THE APPEAL AND APPROVE WAIVER
00-02 FOR DONALD M. SENICK; AND WAIVE THE
REQUIREMENT FOR A PARCEL MAP AS REQUIRED UNDER
SECTION 20-94 OF THE BUTTE COUNTY SUBDIVISION
ORDINANCE.
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
00-197 Friends of the Library - Annual Report - presentation to the
Board by representative from the Friends of the Library groups -
action requested - ACCEPT FOR INFORMATION. (991)
PRESENTATION TO THE BOARD BY LINDA LAHEY, PRESIDENT, FRIENDS OF
THE LIBRARY GROUPS.
00-198 Comprehensive Economic Development Strategy (CEDS) -
consideration of the annual Comprehensive Economic Development
Strategy projects list as required by the Economic Development
Administration - action requested - APPROVE THE COMPREHENSIVE
ECONOMIC DEVELOPMENT STRATEGY PRIORITY TECHNICAL ASSISTANCE,
FINANCING AND INFRASTRUCTURE PROJECTS AS SUBMITTED AND DIRECT
STAFF TO FORWARD TO THE TRI-COUNTY ECONOMIC DEVELOPMENT
CORPORATION FOR INCORPORATION INTO THE CEDS DOCUMENTS. (1632)
MOTION: I MOVE TO APPROVE THE COMPREHENSIVE ECONOMIC DEVELOPMENT
STRATEGY PRIORITY TECHNICAL ASSISTANCE, FINANCING AND
INFRASTRUCTURE PROJECTS AS SUBMITTED, AND DIRECT STAFF TO
FORWARD IT TO THE TRI-COUNTY ECONOMIC DEVELOPMENT CORPORATION
FOR INCORPORATION INTO THE CEDS DOCUMENTS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS:
RECONVENE:
10:07 A.M.
10:21 A.M.
Page 189 June 13, 2000
June 13, 2000
Regular Agenda
00-199 Butte County Radio Communications Systems - Report to the
Board - update on the County's microwave and radio
communications systems - action requested - ACCEPT FOR
INFORMATION. (1909)
PRESENTATION TO THE BOARD BY ROBERT BARNES, DIRECTOR-INFORMATION
SYSTEMS.
Public Hearings and Timed Items
00-200 Timed Item - Transfer of Development Credits workshop and
Overview - presentation and discussion on Transfer of
Development Credits. The information presented will include an
overview of the concept, a review of select programs in use
throughout the United States, background on two discussion
papers, and a summary of workshops held to date - action
requested - PROVIDE DIRECTION ON OPTIONAL TOOLS TO BE INCLUDED
IN THE FINAL FEASIBILITY STUDY REPORT. (2420) (**00)
PRESENTATION TO THE BOARD BY TOM PARILO, DIRECTOR-DEVELOPMENT
SERVICES; AND RICK PRUETZ, PLANNING CONSULTANT.
BOARD DIRECTION THAT AREAS TO BE FURTHER EXPLORED INCLUDE, BUT
ARE NOT LIMITED TO, MINIMIZING CLUSTERING IN AGRICULTURAL ZONES;
THE CONSIDERATION OF A PERMANENT SUPER-WILLIAMSON ACT; ANALYSIS
AS TO WHETHER OTHER JURISDICTIONS (TOWNS AND CITIES) WITHIN THE
COUNTY ARE INTERESTED IN PARTICIPATING IN THIS PROGRAM; AND
FEEDBACK FROM THE AGRICULTURAL COMMUNITY ON THIS CONCEPT.
RECESS: 11:33 A.M.
RECONVENE: 11:42 A.M.
Page 190 June 13, 2000
June 13, 2000
Public Hearings and Timed Items
00-201 Continued Timed Item - Consideration of an Appeal - the Butte
County Correctional Officers Association filed a recognition
petition and request for modification to the existing General
Unit, and the formation of a new bargaining unit(s) for
correctional officers and correctional supervisors. The
Employee Relations Officer denied the petition, and the Butte
County Correctional Officers Association filed an appeal of that
determination pursuant to Personnel Rule 10.9 - action
requested - RECONVENE HEARING AND MAKE DETERMINATION. (**1353)
HEARING RECONVENED AT 11:44 A.M. AND CONTINUED OPEN TO
JULY 11, 2000, AT 11:15 A.M. TO PROVIDE THE OPPORTUNITY FOR THE
DIRECTOR OF PERSONNEL TO APPROACH THE DEPUTY SHERIFF'S
ASSOCIATION REGARDING INCLUSION OF THE CORRECTIONAL OFFICERS
INTO THAT UNIT.
00-202 Public Hearing - Stephen J. Schuster - Tentative Subdivision
Map - consideration of a late appeal of condition 20 of approval
of a Tentative Subdivision Map to create 22 parcels and a 41.39
acre remainder parcel from a 76.36 acre parcel (item on which
a negative declaration with mitigation measures regarding
environmental impacts has been recommended). The subdivision
will be comprised of nineteen parcels of 3/4 acres in average
size, one parcel of 1.58 acres, one parcel of 2.25 acres, and
one parcel of 16.02 acres, which is to be held in common by a
homeowner's association. The property is zoned R-1
(Residential) and located northeast of, and adjacent to,
Oroville-Chico Highway, approximately 1,500 feet southwest of
Estates Drive, in the vicinity of the Butte Creek County Club,
Chico, and identified as APN 040-050-054 and 068 (DB [TSM 99-
01]) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. MAKE FINDINGS 1 (A-D) AS DETAILED IN THE STAFF REPORT
DATED JUNE 13, 2000;
2. FIND THAT: 1) THE PROPOSED CHANGE IN CONDITION 20 WOULD
ADVERSELY AFFECT OR CAUSE A MODIFICATION OF THE FINDINGS
AND DETERMINATIONS MADE IN THE ENVIRONMENTAL REVIEW
PROCESS; 2) THE PROPOSED CHANGE IN CONDITION 20 WOULD
BRING ABOUT AN INCONSISTENCY TO THE CIRCULATION ELEMENT OF
THE GENERAL PLAN; 3) THE FACTS PRESENTED DO NOT GIVE GOOD
AND SUFFICIENT REASON WHY THE CONDITION IN QUESTION WAS
NOT APPEALED WITHIN THE TEN-DAY PERIOD; AND 4) THE
SUBDIVISION MAP HAS NOT BEEN RECORDED; AND
3. DENY THE APPEAL TO MODIFY CONDITION 20 OF TENTATIVE
SUBDIVISION MAP 99-O1. (**2196) (***00)
Page 191 June 13, 2000
June 13, 2000
00-202 PUBLIC HEARING OPEN: 12:10 P.M.
PUBLIC HEARING CLOSED: 12:26 P.M.
MOTION: SUBJECT TO THE FINDINGS THAT: 1) THE APPLICANT WAS OUT OF THE
AREA DURING THE APPEAL PERIOD AND WAS UNABLE TO FILE A TIMELY
APPEAL; 2) THE PROPOSED CHANGE IN THE CONDITION WILL NOT
ADVERSELY AFFECT OR CAUSE A MODIFICATION OF THE FINDINGS AND
DETERMINATIONS MADE IN THE ENVIRONMENTAL REVIEW PROCESS; 3) THE
PROPOSED CHANGE IN THE CONDITION WILL NOT BRING ABOUT AN
INCONSISTENCY TO THE GENERAL PLAN, OR TO THE ZONE, OR TO ANY
SPECIFIC PLANS FOR THE PROPERTY IN QUESTION; 4) THE FACTS ARE
PRESENTED GIVING GOOD AND SUFFICIENT REASON WHY THE CONDITION
IN QUESTION WAS NOT APPEALED WITHIN THE TEN-DAY PERIOD; AND 5)
THE PARCEL MAP OR FINAL MAP HAS NOT BEEN RECORDED; I MOVE TO ACT
UPON THE APPEAL.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE FOR A MOTION OF INTENT TO APPROVE THE APPEAL, SUBJECT TO
COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT
REQUIREMENTS, THAT THE MATTER BE ADDRESSED AND CLARIFIED AS TO
WHETHER OR NOT THE REQUIREMENTS FOR THE PRIVATE AND PUBLIC ROADS
AND SIDEWALKS CAN BE DIFFERENT, AND GENERAL PLAN CONSISTENCY.
M S
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion Carried)
Regular Agenda
00-203 Introduction of Salary Ordinance Amendments:
A. Board approval is requested by the Personnel Department
for a salary ordinance amendment which includes
adjustments for appointed and elected department heads
with compensation adjustments, effective July 8, 2000, in
conformance with the compensation program for appointed
and elected department heads. This ordinance has been
modified to include corrected language with regards to the
effective date of the ordinance. As a result of this
modification, the ordinance must be reintroduced - action
requested - WAIVE READING OF THE ORDINANCE. (FROM 5-30-00
[3.11]) ;
AND:
Page 192 June 13, 2000
June 13, 2000
00-203 B. 1. Board approval is requested by the Personnel
Director for an ordinance which incorporates
changes associated with the Butte County Fiscal
Year 2000-2001 Proposed Budget that are
necessary to have in place by July 1, 2000
(excluding recommended new positions), and market
rate and cost of living adjustments pursuant to the
County's Memoranda of Understanding with the
Management, Confidential, and Supervisory Unit, and
the Social Services workers Unit - action
requested - WAIVE READING OF THE ORDINANCE;
OR.
2. Alternative Ordinance - Board approval is requested
by the Personnel Director for an alternate ordinance
which incorporates changes associated with the Butte
County Fiscal Year 2000-2001 Proposed Budget that
are necessary to have in place by July 1, 2000,
(excluding recommended new positions), and market
rate and cost of living adjustments pursuant to the
County's Memoranda of Understanding with the
Management, Confidential, and Supervisory Unit, and
the Social Services workers Unit. Several positions
within the initial proposed salary ordinance (4.07B)
rely on the adoption of the salary ordinance for
Elected and Appointed Department Heads. Should the
salary ordinance for the Elected and Appointed
Department Heads be delayed, this ordinance will
allow those positions which do not rely on that
ordinance to move forward. Should the Elected and
Appointed Department Head salary ordinance be
approved on June 27, 2000, this ordinance will be
removed from the agenda prior to approval - action
requested - WAIVE READING OF THE ORDINANCE.
(***195)
MOTION: I MOVE TO WAIVE THE READING OF THE SALARY ORDINANCE AMENDMENT
FOR APPOINTED AND ELECTED DEPARTMENT HEADS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO WAIVE READING OF THE SALARY ORDINANCE AMENDMENT WHICH
INCORPORATES CHANGES ASSOCIATED WITH THE BUTTE COUNTY FISCAL
YEAR 2000-2001 PROPOSED BUDGET AND MARKET RATE AND COST OF
LIVING ADJUSTMENTS PURSUANT TO THE COUNTY'S MEMORANDA OF
UNDERSTANDING WITH EMPLOYEE BARGAINING UNITS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
THE SALARY ORDINANCE IDENTIFIED AS THE "ALTERNATE SALARY
ORDINANCE FOR PROPOSED BUDGET CHANGES AND MARKET RATE
ADJUSTMENTS (4.07[B][2])" WAS REMOVED FROM THE AGENDA WITHOUT
ACTION OR CONSIDERATION.
Page 193 June 13, 2000
June 13, 2000
00-204 Items removed from the Consent Agenda for Board consideration
and action. (***292)
1. Probation Donations - in accordance with Government Code
Section 25355, the following donations have been received
by the Probation Department: $900 from Soroptimist
International of Chico, Inc, to support the Peer Court
Program; $780 from Soroptimist International of Chico,
Inc, to support the program with Habitat for Humanity
wherein juvenile offenders on probation perform labor
projects; and $100 from an anonymous donor in memory of
Jackie Faris-Rees. These funds were also designated to be
used by the Peer Court Program - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
ITEM AMENDED TO INCLUDE A $250 DONATION FROM SOROPTIMIST
INTERNATIONAL OF BIDWELL RANCHO FOR THE PURPOSE OF PURCHASING
BROCHURES, INSTRUCTIONAL MATERIALS, AND T-SHIRTS FOR GRADUATES
OF THE PEER PROGRAM. THIS INFORMATION WAS INCLUDED IN THE
BACKUP, BUT OMITTED FROM THE AGENDA.
MOTION: I MOVE TO ACCEPT THE DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Rocky Bluffs Subdivision - Phase 2 - the project consists
of 11 lots located between Skyway and Butte Creek Canyon
on Osprey Circle and the east end of Eagle Nest Drive.
The developer has provided improvement bonds to guarantee
construction of road, drainage, fire protection, and sewer
facilities within one year - action requested - APPROVE
FINAL MAP; ACCEPT EASEMENTS AS OFFERED IN ITEMS 1 AND 2 OF
THE OWNER' S STATEMENT ON BEHALF OF THE ENTITIES NAMED; AND
AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT.
THIS ITEM REMOVED FROM THE AGENDA WITHOUT CONSIDERATION OR
ACTION.
00-205 CLOSED SESSION: the Board recessed at 12:37 p.m. to a closed
session conference with legal counsel
regarding actual litigation pursuant to
Government Code Section 54956.9(a) Noel v.
Butte County, and conference with legal
counsel regarding significant exposure to
litigation pursuant to Government Code Section
54956.9(b)(1) two potential cases. (***336)
Page 194 June 13, 2000
June 13, 2000
00-206 Consideration of the addition of a Closed Session matter to the
agenda. Conference with legal counsel pursuant to Government
Code Section 54956.9(a) Assisted Care v. County of Butte.
MOTION: I MOVE, SUBJECT TO GOVERNMENT CODE SECTION 54954.2(b)(2), THAT
THERE IS A NEED TO TAKE ACTION, AND THAT THE NEED TO TAKE ACTION
CAME TO THE ATTENTION OF THE BOARD SUBSEQUENT TO THE POSTING OF
THE AGENDA.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECONVENE: the Board reconvened at 1:35 p.m. from a
closed session conference with legal counsel
regarding actual litigation pursuant to
Government Code Section 54956.9(a) Noel v.
Butte County, and Assisted Care v. County of
Butte; and conference with legal counsel
regarding significant exposure to litigation
pursuant to Government Code Section
54956.9(b)(1) two potential cases. (***413)
(NO ANNOUNCEMENTS)
Public Hearincrs and Timed Items
00-207 Continued Public Hearing - Use Permit Appeal - Ruddy Creek
Partnership - consideration of an appeal of the Planning
Commission's denial of a Use Permit for a 156 unit mobile home
park (item on which a negative declaration with mitigation
measures regarding environmental impacts has been recommended)
on property zoned A-R (Agricultural-Residential) and located on
the southeast corner of 18th Street and Feather Avenue,
Thermalito. The property is identified as APN 030-360-082 and
083. A design of 125 units has also been considered (File #UP98-
27 [DD]) - action requested - STAFF RECOMMENDS THE BOARD TAKE
THE FOLLOWING ACTIONS:
1. GRANT THE APPEAL WHICH REQUESTED APPROVAL OF A USE PERMIT
TO DEVELOP A 23.21 ACRE PROJECT SITE WITH AN 88 UNIT
MOBILE HOME PARK ON 16.41 ACRES, AND A FUTURE FOUR SINGLE
FAMILY HOME AREA ON 6.8 ACRES FOR AN OVERALL PROJECT
DENSITY OF FOUR DWELLING UNITS PER ACRE;
2. SUBJECT TO FINDINGS IA (1-3) AS DETAILED IN THE STAFF
REPORT DATED JUNE 13, 2000, ADOPT A MITIGATED NEGATIVE
DECLARATION AND AUTHORIZE THE CHAIR TO SIGN;
3. SUBJECT TO FINDING IB AS DETAILED IN THE STAFF REPORT
DATED JUNE 13, 2000, 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;
Page 195 June 13, 2000
June 13, 2000
00-207 4. SUBJECT TO FINDINGS IC (lA-G) AS DETAILED IN THE STAFF
REPORT DATED JUNE 13, 2000, AND THE CONDITIONS OF APPROVAL
AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED
JUNE 13, 2000, APPROVE USE PERMIT 98-27 FOR RUDDY CREEK
PARTNERSHIP TO PERMIT THE DEVELOPMENT OF THE 23.21 ACRE
PROJECT SITE WITH AN 88 UNIT MOBILE HOME PARK ON 16.41
ACRES, AND A FUTURE FOUR SINGLE FAMILY HOME AREA ON 6.8
ACRES, FOR AN OVERALL PROJECT DENSITY OF FOUR DWELLING
UNITS PER ACRE; AND
5. SUBJECT TO FINDINGS ID (1-6) AS DETAILED IN THE STAFF
REPORT DATED JUNE 13, 2000, DETERMINE THE PROJECT TO BE
CONSISTENT WITH THE OROVILLE MUNICIPAL AIRPORT
COMPREHENSIVE LAND USE PLAN. (FROM 4-25-00 [5.01])
(***423)
PUBLIC HEARING RECONVENED: 1:43 P.M.
PUBLIC HEARING CLOSED: 2:17 P.M.
MOTION: I MOVE TO GRANT THE APPEAL TO APPROVE A USE PERMIT TO DEVELOP
A 23.21 ACRE PROJECT SITE WITH AN 88 UNIT MOBILE HOME PARK ON
16.41 ACRES, AND A FUTURE FOUR SINGLE FAMILY HOME AREA ON 6.8
ACRES FOR AN OVERALL PROJECT DENSITY OF FOUR DWELLING UNITS PER
ACRE. SUBJECT TO FINDINGS IA (1-3) AS DETAILED IN THE STAFF
REPORT DATED JUNE 13, 2000, I MOVE TO ADOPT A MITIGATED NEGATIVE
DECLARATION AND AUTHORIZE THE CHAIR TO SIGN. SUBJECT TO FINDING
IB AS DETAILED IN THE STAFF REPORT DATED JUNE 13, 2000, I MOVE
TO 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. SUBJECT TO FINDINGS IC (lA-G)
AS DETAILED IN THE STAFF REPORT DATED JUNE 13, 2000, AND THE
CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF
REPORT DATED JUNE 13, 2000, AND AMENDED AS FOLLOWS: 1) CONDITION
13 IS AMENDED TO EXTEND THE BLOCK WALL ALONG THE WESTERN
BOUNDARY OF THE MOBILE HOME PARK AS SHOWN ON THE APPROVED SITE
PLAN DATED MAY 22, 2000; 2) CONDITION 14 IS AMENDED TO REQUIRE
THE LANDSCAPE PLAN TO BE SUBMITTED PRIOR TO THE APPROVAL OF
IMPROVEMENT PLANS BY THE COUNTY; 3) CONDITION 17 IS AMENDED TO
REQUIRE THE APPLICATION OF THE REQUIRED LOT LINE ADJUSTMENT OR
PARCEL MERGER TO TAKE PLACE PRIOR TO THE ISSUANCE OF IMPROVEMENT
PLANS BY THE COUNTY; AND 4) CONDITION 25 IS AMENDED TO ADD THE
FOLLOWING WORDING, "CLEANING IS SUBJECT TO OBTAINING EASEMENTS
AND PERMITS FROM THE DEPARTMENT OF FISH AND GAME AND ASSOCIATED
AGENCIES. THE PRIMARY GOAL IS TO INCREASE THE OVERALL EFFICIENCY
OF THE DRAINAGE SYSTEM"; I MOVE TO APPROVE USE PERMIT 98-27 FOR
RUDDY CREEK PARTNERSHIP TO PERMIT THE DEVELOPMENT OF THE 23.21
ACRE PROJECT SITE WITH AN 88 UNIT MOBILE HOME PARK ON 16.41
ACRES, AND A FUTURE FOUR SINGLE FAMILY HOME AREA ON 6.8 ACRES,
FOR AN OVERALL PROJECT DENSITY OF FOUR DWELLING UNITS PER ACRE;
AND SUBJECT TO FINDINGS ID(1-6) AS DETAILED IN THE STAFF REPORT
DATED JUNE 13, 2000, FURTHER MOVE TO DETERMINE THE PROJECT TO
BE CONSISTENT WITH THE OROVILLE MUNICIPAL AIRPORT COMPREHENSIVE
LAND USE PLAN.
S M
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion Carried)
Page 196 June 13, 2000
June 13, 2000
00-208 Public Hearing - Application for Certificate of Merger - K&DR
Company - consideration of an appeal of an application, pursuant
to Butte County Ordinance No. 3273, to merge APN 062-680-027 and
071-450-008; merging two parcels into 1 parcel. The property
is located at the southerly end of Pine Tree Lane, south of Bald
Rock Road, Berry Creek area - action requested:
1. FIND THAT THE REVIEW OF AN APPLICATION FOR CERTIFICATE OF
MERGER IS LIMITED TO EXISTING CONDITIONS, NOT BASED ON
OTHER POSSIBLE USES OF THE PROPERTY, WHICH ARE SUBJECT TO
SEPARATE PERMITTING PROCESSES; AND
2. FIND THAT THE CERTIFICATE OF MERGER IS EXEMPT FROM
ENVIRONMENTAL REVIEW AND APPROVE THE FILING OF THE
CERTIFICATE OF MERGER SUBJECT TO PLACEMENT OF THE
FOLLOWING NOTE ON THE CERTIFICATE, "THE TITLE REPORTS
SUBMITTED WITH THE APPLICATION FOR THIS CERTIFICATE OF
MERGER INDICATED THAT THE PORTION OF THE HEREIN DESCRIBED
PROPERTY LYING WITHIN SECTION 33, TOWNSHIP 21 NORTH, RANGE
5 EAST (AP 062-680-027), WAS SERVED BY A `RIGHT OF WAY FOR
ROAD AND PUBLIC UTILITY PURPOSES OVER A STRIP OF LAND 60
FEET IN WIDTH' TO BALD ROCK ROAD. SAID TITLE REPORTS ALSO
INDICATED `THE LACK OF A LEGAL RIGHT OF ACCESS TO AND FROM
A PUBLIC STREET OR HIGHWAY' FOR THE HEREIN DESCRIBED
PROPERTY LYING WITHIN SECTION 4, TOWNSHIP 20 NORTH, RANGE
5 EAST, M.D.B. & M (AP 071-450-008). NO DETERMINATION HAS
BEEN MADE BY THE COUNTY OF BUTTE REGARDING RIGHTS OF
ACCESS, IF ANY, TO THE MERGED PARCEL DESCRIBED IN THIS
DOCUMENT OR ANY PART THEREOF. APPROVAL AND RECORDATION OF
THIS MERGER DOES NOT CONSTITUTE SUCH A DETERMINATION."
(***2542)(****00)
SUPERVISOR HOUX NOT PRESENT (3:30 P.M.).
PUBLIC HEARING OPENED AT 2:40 P.M. AND CONTINUED OPEN TO
JULY 25, 2000, AT 1:30 P.M. TO PROVIDE TIME FOR A MEETING TO
TAKE PLACE BETWEEN THE APPLICANT AND THE APPELLANT TO DISCUSS
POSSIBLE SOLUTIONS TO THIS MATTER.
00-209 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.) (****1570)
1. Bill Wilson addressed the Board regarding the proposed
project by Dan Kohrdt.
Page 197 June 13, 2000
June 13, 2000
ADJOURNMENT: there being no further business before the
Board, the meeting was adjourned at 3:44 p.m.
to reconvene at a regular meeting of the Board
on Tuesday, June 27, 2000, at 9:00 a.m.
Jane Dolan, Chair
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Board of Supervisors
By.
Page 198 June 13, 2000