HomeMy WebLinkAboutM071399BOARD 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
July 13, 1999
99-207
Call to Order - Boazd 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.
Items removed from the Consent Agenda for Board consideration
and action.
1. Award of Bid - Reconstruction of River Road Bridge Across
Big Chico Creek, Federal Project No. BRLO-5912(027},
County Project No. 41123-90-1 - the project involves
constructing a 204.5 foot long, three span cast-in-place
prestressed box girder type highway bridge - action
requested - AWARD CONTRACT TO LOW BIDDER, STIMPLE-
WIEBELHAUS ASSOCIATES OF BEDDING, IN THE AMOUNT OF
$1,350,420 AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
ITEM REMOVED FROM THE AGENDA; NO ACTION TAKEN.
Invocation - Pastor Frank Erb, Evangelical Free Church,
Richvale. (105)
Consent Agenda
99-208
1. Approval of Minutes - action requested - APPROVE MINUTES
OF JUNE $, 1999, AND JUNE 10, 1999.
2. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-437 (County Service Area #102- Meadowlark
Acres); B-438 (Various County Service Areas); B-444
(Appropriation for Contingencies/Probation); B-436
(Sheriff - Main Jail Remodel Project); B-002 (Water and
Resource Conservation}; AND B-445 (Clerk of the Board).
ALL BUDGET TRANSFERS LISTED ABOVE RE4UIRE A 4/5 VOTE.
Page 217 July 13, 1999
July 13, 1999
99-208 3. County Library Donations - in accordance with Government '~"~
Code Section 25355, donations of $1,575 from Chico Friends
of the Library and $1,000 from Paradise Friends of the
Library have been received for the Butte County Trust Fund
for the purchase of books - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
4. Paradise Memorial Hall Committee - action requested -
APPOINT/REAPPOINT FRANK QUATTLANDER, DISABLED AMERICAN
VETERANS; JAKE CHIN, CALIFORNIA VETERANS SQUARE DANCE
ASSOCIATION; ED WHITE, ALTERNATE, CALIFORNIA VETERANS
SQUARE DANCE ASSOCIATION; JAMES T. HAYES, VETERANS OF
FOREIGN WARS; EDWARD J. MCGREEHAN, ALTERNATE, VETERANS OF
FOREIGN WARS; JAMES K. REX, AMERICAN LEGION; AND RONALD W.
WOLFE, ALTERNATE, AMERICAN LEGION, TO TERMS TO END
JUNE 30, 2000.
5. GridJ~ey Memorial Hall Committee - action requested -
APPOINT/REAPPOINT TIM TOKUNO, VETERANS OF FOREIGN WARS;
WILL F. FARR, VETERANS OF FOREIGN WARS; RAY L. ROBERTS,
NORTH VALLEY SENIOR DANCE GROUP; DALE ERICKSON, VETERANS
OF FOREIGN WARS; AND JOHN DERDE, AMERICAN LEGION, TO TERMS
TO END JUNE 30, 2000.
6. Emergency Medical Care Committee - action requested -
REAPPOINT LOUIS MENDOZA, JR., AGRICULTURAL COMMISSIONER'S '-'
OFFIGE; JACK B. STORNE, LAW ENFORCEMENT; AND STACIE E.
REED, MOBILE INTENSIVE CARE NURSE, TO TERMS TO END
JUNE 30, 2002.
Formation of a County Service Area (CSA) - Board approval
is requested for a resolution making application to the
Local Agency Formation Commission (LAFCo) regarding a
proposal to establish a CSA for fire protection, storm
drain maintenance, street lighting, and landscape
maintenance services for the Autumn Park Subdivision. The
formation is subject to Proposition 218 requirements and
Board approval is also requested to set a public hearing
for the purpose of conducting the protest hearing and
ballot proceeding fox the proposed CSA - action
requested - ADOPT RESOLUTION 99-89 MAKING APPLICATIQN TO
LAFCO AND AUTHORIZE THE CHAIR TO SIGN; AND SET A PUBLIC
HEARING FOR SEPTEMBER 14, 1999, AT 10:00 A.M. FOR THE
PURPOSE OF CONDUCTING A PROTEST HEARING AND BALLOT
PROCEEDING.
8. Land Conservation Act Cancellation - Jon N. Warren - on
December 15, 1998, the Board approved a tentative
cancellation of a portion of a Land Conservation Act
agreement for Jon N. Warren, subject to payment of
cancellation fees. Those fees have been paid and Board -~
approval is requested to file a Final Certificate of
Cancellation - action requested - APPROVE CANCELLATION AND
AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN; AND
DIRECT THE RECORDING OF THE DOCUMENT.
Page 218 July 13, 1999
July 13, 1999
99-208 9. Report to the Bcard - Tibor Reszneki - the Government Code
requires the Planning Commission to make a report to the
Board regarding rezone applications. The Planning
Commission held a hearing for Tibor Reszneki/Kyle
Hypes/Frank Konrad proposing a rezone from AR-1,5
(Agricultural Residential-1.5 acre parcels) to AR-1
(Agricultural Residential-1 acre parcels) and has
recommended approval of this project - action requested -
ACCEPT FOR INFORMATION.
10. Right of Entry for California State University, Chico
(CSUC) Department of Geography and Planning - Board
approval is requested by the Public Works Department on
behalf of CSUC for authorization to enter County lands
located at the Honey Run Covered Bridge and Honey Run Road
for the purpose of conducting a Fluvial Geomorphic Study
to gather data on land forms resulting from the flow of
water through Butte Creek - action requested - APPROVE
REQUEST AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN
THE RIGHT OF ENTRY AGREEMENT.
11. Award of Bid No. 131-99 - Rescue Body Build-Up - Fire
Department - bids have been opened for the purchase of a
rescue body build-up for a cab and chassis for the Bangor
Volunteer Fire Department (Company 55) with the low bidder
being West-Mark Fire Equipment of Ceres, California, in
the amount of $36,679 (department budget) - action
requested - AWARD BID.
12. Award of Bid No. 138-99 - Vehicles - Assessor - bids have
been opened for the purchase of two vehicles for the
Assessor's office with the low bidder meeting
specifications being Hobbie Auto Center of Oroville. One
vehicle is a new 1999 Chevrolet S1D pickup in the amount
of $11,841.43. The second vehicle is a new 1999 Chevrolet
Metro in the amount of $9,696.43 (department budget)
including sales tax and Department of Motor Vehicle fees -
action requested - AWARD BID.
13. Notice of Completion - Communications Tower Project - all
work on the subject property has been completed in
accordance with the plans and specifications - action
requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO
SIGN THE NOTICE OF COMPLETION; AND DIRECT THE RECORDING OF
THE NOTICE OF COMPLETION.
19. 911 Dispatch Center Equipment - Board approval is
recommended by the General Services Director for
authorization to purchase five personal computer
workstations on a sole source basis from Data911, which is
the vendor that configures and licenses all current
dispatch software applications. The cost of each
workstation is $3,177, for a combined cost of $15,885
(project budget) plus tax and shipping - action
requested - AUTHORIZE SOLE SOURCE PURCHASE OF FIXED ASSET
ITEMS.
Page 219 July 13, 1999
July 13, 1999
99-208 15. Monthly Investment Report - the Treasurer-Tax Collector '-'~
submits the May 28, 1999, report in accordance with the
Statement of Investment Policy dated July 1, 1998 - action
requested - ACCEPT FOR INFORMATION.
16. Adoption of a Salary Ordinance Amendment - the Welfare
Department has requested the Personnel Department prepare
a salary ordinance amendment which will implement the
salary changes contained in the County's Memorandum of
Understanding with the Social Services Workers Unit. The
salary recommendations are the xesult of a classification,
compensation, and organizational study conducted by
Cooperative Personnel Services. Included in the ordinance
is a 2.5~ cost of living adjustment for all
classifications within the Unit retroactive to
October 3, 1998 - action requested - ADOPT ORDINANCE 3532
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 6-22-99)
17. Adoption of a Salary Ordinance Amendment - the Welfare
Department has requested the Personnel Department prepare
a salary ordinance amendment which will implement the
recommendations contained in the classification,
compensation, and organizational study conducted by
Cooperative Personnel Services as follows: Welfare
Administration - deletes two positions of Eligibility
Training Technician and adds two positions of Senior ~"
Employment and Eligibility Technician. Welfare-
Eligibility - deletes twenty-six positions of Eligibility
Worker III and adds twenty-six positions of Senior
Employment and Eligibility Technician. Welfare-Services -
deletes sixty-eight positions of Social Worker III/II and
adds sixty-eight positions of Social Worker IV/IZI -
action requested - ADOPT ORDINANCE 3533 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 6-22-99)
18. Introduction of a Salary Ordinance Amendment - the Welfare
Department has requested the Personnel Department prepare
a salary ordinance amendment which will add twelve term
positions of Social Worker III/II (terms to end 6-30-00)
in support of the CalWORKs program. Board approval is
also requested to accept $722,617 in CalWORKs revenue to
fund the positions as well as overhead and equipment for
the program - action requested - WAIVE READING OF THE
ORDINANCE; AND APPROVE BUDGET TRANSFER B-002 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
CALWORKS REVENUE.
Page 220 July 13, 1999
July 13, 1999
99-208 19. Introduction of a Salary Ordinance Amendment - the County
Clerk-Recorder has requested the Personnel Department
prepare a salary ordinance amendment which deletes one
position of Deputy County Clerk-Elections III/II/I from
the Elections division and adds one position of Deputy
County Clerk- Recorder III/II/I to the Clerk-Recorder
division. This action was inadvertently omitted from the
salary ordinance approved on June 8, 1999 - action
requested - WAIVE READING OF THE ORDINANCE.
20. Resolution Adapting Purchasing Policy Manual - Board
approval is requested by the General Services Director for
a resolution adopting a purchasing policy manual as
required by Butte County Code Section 46-6 - action
requested - ADOPT RESOLUTION 99-90 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 6-22-99)
21. Resolution Designating the Board of Supervisors as
Trustees for the Thompson Flat Cemetery District -
pursuant to Health and Safety Code Section 8950 et seq.,
Board approval is requested by County Counsel far a
resolution which will authorize the Board to act as
trustees for the Thompson Flat Cemetery District in
response to the lack of a governing body for the district
and setting a public hearing for consideration of this
matter - action requested - ADOPT RESOLUTION 99-91 AND
AUTHORIZE THE CHAIR TO SIGN; AND SET A PUBLIC HEARING
FOR AUGUST 10, 1999, AT 10:15 A.M. (4/5 vote required).
22. Program Supplement No. M-001 to Administering Agency -
State Agreement No. 03-5912 - Seismic Retrofit of the Ord-
Ferry Road Bridge at the Sacramento River - Amendment to
Special Covenants or Remarks - Board approval is requested
by the Public Works Department for an amendment to the
Special Covenants and Remarks sheet for Program Supplement
M-001, State Agreement No. 03-5912, Seismic Retrofit of
the Ord-Ferry Road Bridge at the Sacramento River. The
amendment modifies Item No. 7 of the Special Covenants and
Remarks by removing the date of June 30, 1998, as the
deadline for reimbursement of costs - action requested -
APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
23. William W. Lewis and Joan O. Lewis - Fire Station 43 -
Board approval is requested by the Fire Department for a
lease agreement with William W. Lewis and Joan O. Lewis
for the station located at 2542 Highway 32, Chico. The
term of the agreement is July 1, 1999, through
June 30, 2000, in the maximum amount of $1,390 per month
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10156)
Page 221 July 13, 1999
July 13, 1999
99-208 24. William W. Lewis and Joan 0. Lewis - Fire Station 43 - ""~
Apparatus Bays - Board approval is requested by the Fire
Department for a lease agreement with William W. Lewis and
.loan O. Lewis for the building utilized as apparatus bays
for the station located at 2544 Highway 32, Chico. The
term of the agreement is July 1, 1999, through
June 30, 2000, in the maximum amount of $953 per month
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10157)
25. Williamson Properties, Inc. - Fire Station 44 - Board
approval is requested by the Fire Department for a lease
agreement with Williamson Properties, Inc., for the
station located at 2334 Fair Street, Chico. The term of
the agreement is July 1, 1999, through June 30, 2000, in
the maximum amount of $1,900 per month (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10082)
26. Youth Services Materials Grant Program - Board approval is
requested by the Library to apply to the California State
Library for grant funds available under the Library
Services and Technology Act (LSTA). These funds will be
utilized to purchase children's materials. The Library
will apply for $10,000 grants for the Oroville, Chico, and
Paradise branches, and $5,000 grants for the Gridley, '"-"
Durham, and Biggs branches - action requested - APPROVE
GRANT APPLICATIONS AND AUTHORIZE THE DIRECTOR-LIBRARIES TO
SIGN.
27. California Department of Health Services - Fiscal Year
1999-00 Rural Health Services Program Funds - the Director
of Public Health advises that legislation currently exists
which permits the State to administer the Hospital
Services, Physician Services, and Children's Treatment
Program allocations for counties. The State
administration relieves the counties of several
requirements to document and report expenditures and
program activities - action requested - APPROVE THE
DECLARATION OF INTENT NOT TO APPLY FOR THE FISCAL YEAR
1999-00 RURAL HEALTH SERVICES PROGRAM FUNDS AND AUTHORIZE
THE CHAIR TO SIGN.
Page 222 July 13, 1999
July 13, 1999
""' 99-208 28. Butte County Fair Association - County Service Area (CSA)
#34 (Gridley Swimming Paol) - Board approval is requested
by the Public Works Department for an agreement with the
Butte County Fair Association for the operation,
maintenance, repair, and upkeep of the Gridley Swimming
Pool. The term of the agreement is July 1, 1999, through
June 30, 2000, in the maximum amount of $45,000 (CSA #39
budget) . In order to fund the agreement a loan in the
amount of $29,500 from the CSA Revaluing Loan Fund is
requested. The loan will be repaid prior to the end of
fiscal year 1999-00 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT
RESOLUTION 99-92 APPROPRIATING MONIES TO THE COUNTY
SERVICE AREA REVOLVING LOAN FUND AND COUNTY SERVICE
AREA #34 AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X11291)
29. Northern Valley Claims and Investigative Services - Board
approval is requested by the Risk Manager for an agreement
with Northern Valley Claims and Investigative Services for
the provision of adjusting services for the County's
General Liability Insurance Program. The term of the
agreement is July 1, 1999, through June 30, 2000, with
costs charged according to a "time and expense" fee
schedule, with a maximum amount payable of $25,000
(department budget) - action requested - AFFROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11305)
30. Superior Court of California, County of Butte -
Court/County Service Agreement - Board approval is
requested by the Superior Court for an agreement with the
County for the purpose of implementing Assembly Bill 233
which recognizes the necessity to provide fiscal
independence to the courts as a constitutionally separate
branch of government, while concurrently relieving the
counties of the financial responsibility of funding trial
court operations. The agreement covers the relationship
between the County and the Court and establishes a time
frame within which AB 233 may be fully implemented. The
term of the agreement is July 1, 1999, through
June 30, 2000 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
31. James Voss, Ph.D. - Amendment No. 1 - Board approval is
requested by the Welfare Department for an amendment to
the agreement with James Voss, Ph.D., for the provision of
counseling services to children and parents wha are
victims of child abuse and neglect. The amendment
provides for an increase in the maximum amount payable of
$6,000 (departmental budget) with all other terms and
provisions remaining 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. X10683)
Page 223 July 13, 1999
July 13, 1999
99-208 32. Northern Valley Catholic Social Services - Amendment
No. 1 - Board approval is requested by the Welfare
Department for an amendment to the agreement with Northern
Valley Catholic Social Services for the provision of
counseling and assessment services to clients in the Child
Welfare System. The amendment provides for an increase in
the maximum amount payable of $10,000 (departmental
budget) with all other terms and provisions remaining 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. X11000)
33. Butte County Department of Public Health - Drug Testing
Memorandum of Understanding (MOU) - Board approval is
requested by the Welfare Department for an MOU with the
Butte County Department of Public Health for the provision
of alcohol and drug testing services to clients of the
welfare Department who have been identified as needing
alcohol and/or drug testing as a component of their
service plan. The term of the MpU is July 1, 1999,
through June 30, 2001, with a maximum amount payable of
$25,000 per fiscal year (department budget) - action
requested - APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
34. Private Industry Council (PIC) - Welfare to Work - Board
approval is requested by the Welfare Department for an
amendment to the agreement with the Private Industry
Council for Welfare-to-Work services. This amendment
allows for a transfer of funds between line items upon
agreement of PIC Directors and the Welfare Department,
with the total cost of the agreement remaining unchanged.
Board approval is also requested for a renewal Welfare-to-
Work agreement which covers the term of July 1, 1999,
through June 30, 2001, in the maximum amount payable of
$777,890 (department budget) - action requested -
APPROVE AGREEMENT AMENDMENT AND RENEWAL AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
Page 224 July 13, 1999
July 13, 1999
99-208 35. Butte County Department of Behavioral Health (BCDBH) -
Memorandum of Understanding (MOU) - Amendment No. 1 -
Board approval is requested by the Welfare Department for
an amendment to the MOU with the Butte County Department
of Behavioral Health for the provision of counseling
services to children and adults in Child welfare Services.
Currently there remains $819,608 which has not been paid
to BCDBH by Welfare for fiscal year 1998-99. Pursuant to
the terms of the MOU, in exchange far the payment of
services by Welfare, BCDBH will transfer $245,882 in
realignment dollars to Welfare for the required County
match - action requested - APPROVE AMENDMENT TO THE MOU
AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET
TRANSFER B-452 (9/5 vote required) ACCEPTING AND
APPROPRIATING $819,608 IN UNANTICIPATED BCDBH REVENUE.
36. Advancement Within a Salary Range - pursuant to Personnel
Rule 12.13, Board approval is requested by the Sheriff-
Coroner to appoint a Correctional Officer to Step 3 of
the salary range retroactive to June 5, 1999 - action
requested - APPROVE APPOINTMENT OF A CORRECTIONAL OFFICER
TO STEP 3 OF THE SALARY RANGE RETROACTIVE TO JUNE 5, 1999.
37. Butte County Display at the State Capitol - Board approval
is requested by the Agricultural Commissioner for
authorization to participate in the current project to
update the County's display at the State Capitol - action
requested - AUTHORIZE THE AGRICULTURAL COMMISSIONER AND
TRANSIENT OCCUPANCY TAX COMMITTEE TO COORDINATE THE
PROJECT AND RETURN TO THE BOARD WITH A PROPOSED PLAN FOR
THE DISPLAY UPDATE.
38. Requested Use of County Logo - Board approval is requested
by the Chico Economic Planning Corporation to authorize
the use of the Butte County Logo on signs designating a
Foreign Trade Zone in the area around the Chico Municipal
Airport - action requested - AUTHORIZE USE OF THE BUTTE
COUNTY LOGO. (98)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.02 AMENDED TO
CHANGE BUDGET TRANSFER NUMBER B-453 TO B-001, ITEM 3.18 AMENDED
TD CHANGE BUDGET TRANSFER NUMBER B-455 TO B-002, ITEM 3.22
REMOVED FROM THE AGENDA, AND THE ACTION REQUESTED ON ITEM 3.38
AMENDED TQ READ, "ACTION REQUESTED - AUTHORIZE THE AGRICULTURAL
COMMISSIONER AND TRANSIENT OCCUPANCY TAX COMMITTEE TO COORDINATE
THE PROJECT AND RETURN TO THE BOARD WITH A PROPOSED PLAN FOR THE
DISPLAY UPDATE."
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 225 July 13, 1999
July 13, 1999
Regular Agenda
99-209 Appointments - Commissions and Committees (213)
A. Appointments to committee vacancies. (NONE)
B. Private Industry Council - action requested - APPOINT/
REAPPOINT REPRESENTATIVES TO TERMS TO END JUNE 2002.
MOTION: I MOVE TO APPOINT JEANNE HART, GRIDLEY BIGGS BUSINESS
REPRESENTATIVE; MIKE TRAVIS, AT-LARGE REPRESENTATIVE; PAUL
HENDRICKS, CHICO BUSINESS REPRESENTATIVE; MARGARET WILLIAMS,
CHICO BUSINESS REPRESENTATIVE; CRAIG COOPER, VOCATIONAL
REHABILITATION; PAT CRAGAR, SOCIAL WELFARE DIRECTOR; AND THOMAS
TENORIO, COMMUNITY BASED ORGANIZATIONS, TO THE PRIVATE INDUSTRY
COUNCIL TO TERMS TO END JUNE 2002.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
99-210 Update an legislative and budget activities. {240) JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, ADVISES THE BOARD THAT
THE GOVERNOR SIGNED ABl 661 WHICH IS THE MEASURE TIED TO A
CONSTITUTIONAL AMENDMENT WHICH WILL BE DEVELOPED AND PRESENTED
TO THE VOTERS. THE AMENDMENT, WHEN WRITTEN, IS INTENDED TO CAP
ERAF AND PROVIDE FUNDING FOR THE SCHOOL'S SHARE OF THE PROPERTY '-"
TAX ADMINISTRATION PROGRAM.
99-211 Consideration of the addition of an item to the agenda: proposed
letter of position on AB 1036 (Wesson). (280)
MOTION: I MOVE, PURSUANT TO GOVERNMENT CODE SECTION 54954.2(b)(2), THAT
THERE IS A NEED TO TAKE IMMEDIATE ACTION AND THAT THE NEED FOR
ACTION CAME TO THE ATTENTION OF THE BOARD OF SUPERVISORS
SUBSEQUENT TO THE AGENDA BEING POSTED AS SPECIFIED IN GOVERNMENT
CODE SECTION 54954.2(a).
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
99-212 Consideration of a letter of support for Assembly Bill 838
(Longville). (314)
MOTION: I MOVE TO APPROVE A LETTER OF OPPOSITION FOR ASSEMBLY BILL 838
UNLESS THE BILL IS AMENDED, AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Consideration of a letter of support for Assembly Bill 1036
(Wesson).
MOTION: I MOVE TO APPROVE A LETTER OF SUPPORT FOR ASSEMBLY $ILL 1036 AND -~
AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 9 Y 5 Y (Unanimously Carried)
Page 226 July 13, 1999
July 13, 1999
99-213 Interpretation of a Grading Ordinance - consideration of an
interpretation of the grading permit exemption provided in Butte
County Code Section 13-5 (a) - action requested - FIND THE
REQUIREMENTS PURSUANT TO BUTTE COUNTY CODE, CHAPTER 13, APPLY
WITHIN THE DEFINED GRADING ZONE AND DIRECT STAFF TO AMENb
SECTIONS 13-5 AND 13-14 OF THE BUTTE COUNTY CODE AS DETAILED IN
THE STAFF REPORT DATED JUNE 29, 1999. (FROM 6-22-99) (442}
THIS ITEM REMOVEb FROM THE AGENDA, NO ACTION TAKEN.
99-214 Year 2000 (Y2K) Compliance Update - presentation to the Board
regarding the status of County operating systems and embedded
chip inventory - action requested - ACCEPT FOR INFORMATION.
(442}
ITEM REMOVED FROM THE AGENDA. TO BE CONSIDERED AT THE MEETING
OF JULY 27, 1999.
99-215 Annual Elected Department Head Presentation - Treasurer-Tax
Collector - to discuss department issues and goals, and to voice
mutual concerns - action requested - ACCEPT FOR INFORMATION.
(950}
PRESENTATION TO THE BOARD BY DICK PUELICHER, TREASURER-TAX
COLLECTOR.
99-216 Zoning Ordinance Interpretation - the Development Services
Department is requesting Board interpretation of the Zoning Code
as it pertains to the use of a portion of a 29-acre site, zoned
Commercial-2 (C-2), as a soccer facility, without a Use Permit -
action requested - SUBJECT TO THE FINDINGS (A-D} AS DETAILED IN
THE STAFF REPORT DATED JUNE 29, 1999, DETERMINE THAT A SOCCER
FACILITY IS A COMPATIBLE AND ALLOWED USE WITHIN THE C-2 ZONE.
(785}
MOTION: SUBJECT TO FINDINGS (A-D} AS DETAILED IN THE STAFF REPORT DATED
JUNE 29, 1999, I MOVE TO DETERMINE A SOCCER FACILITY IS A
COMPATIBLE, APPROPRIATE, AND ALLOWED USE BY RIGHT WITHIN THE C-2
ZONE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS:
RECONVENE:
9:42 A.M.
10:02 A.M.
Page 227 July 13, 1999
July 13, 1999
Public Hearing and Timed Items
99-217 Resource Conservation District - Consideration of a Resolution
of Application by the Board of Supervisors requesting the Local
Agency Formation Commission (LAFCo) begin proceedings for the
formation of the Butte County Resource Conservation District.
Issues to be discussed include, but are not limited to: 1) the
reasons for the formation of the district; 2) the recommended
boundaries of the district which may include all or any portion
of the County of Butte; 3) the methods by which the district
will be financed; 4) consistency with the sphere of influence of
any affected city or district; and 5} the determination of the
number of members of the Board of Directors, and methods for
their selection. Pursuant to the Cortese-Knox Local Government
Reorganization Act of 1985, commencing with Section 56000 of the
California Government Code, the resolution of application, if
approved, will be forwarded to LAFCa for consideration - action
requested:
A. ADOPT RESOLUTION AS AMENDED/TAILORED BY THE BOARD AND
AUTHORIZE THE CHAIR TO SIGN; OR
B. CONTINUE PUBLIC HEARING OPEN AND DIRECT STAFF TO OBTAIN
E'URTHER INFORMATION ON SPECIFIED ISSUES; OR
C.
D.
CLOSE THE HEARING AND ADOPT A MOTION OF INTENT TO ADOPT A
RESOLUTION, WITH DIRECTIONS TO STAFF ON HOW TO FINALIZE
THE RESOLUTIONS; OR
TAKE NO ACTION AND ABANDON THE PROCEEDINGS. (FROM 4-27-99}
{1011)
PUBLIC HEARING OPENED: 10:15 A.M.
MOTION: I MOVE TO CONTINUE THIS HEARING OPEN TO SEPTEMBER 14, 1999, AT
10:15 A.M. I FURTHER MOVE THAT A SUBCOMMITTEE COMPRISEb OF
SUPERVISORS BEELER AND JOSIASSEN, ALONG WITH COUNTY STAFF, BE
FORMED TO DISCUSS THE IDEA OF A RESOURCE CONSERVATION DISTRICT
WITH EFFECTED CITIES AND DISTRICTS AND TO BRING RECOMMENDATIONS
BACK TO THE BOARD FOR CONSIDERATION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried}
Page 228 July 13, 1999
Ju1V 13, 1999
'"' 99-218 Public Hearing - Ordinance Adding Article V, entitled "Special
Permit Zone II Levee and Building Regulations" to Chapter 26,
entitled "Buildings", of the Butte County Code - consideration
of an ordinance to enact regulations to help prevent substantial
obstruction to, or adverse effect on, flood flows within Special
Permit Zone IT, and to protect persons and property within said
zone, all in accordance with that certain Memorandum of
Agreement entered into as of November 17, 1995, between the
County of Butte and the State of California Reclamation Board.
Permit fees shall be payable for building and levee permits as
specified for building permits in Section 3-40, 3-40.5, and
3-41, including but not limited to 3-41(m) of Chapter 3 of the
Butte County Code. In addition, for permits pertaining to
levees, fees shall be payable for site improvement construction
plan checking and inspection as specified in Section
3-81, subsections (c}(7) and (c)(8}, and for environmental
review in the amounts specified in Section 3-43, subsections
(16} and (38) of the Butte County Code - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 6-22-99} (1930)
PUBLIC HEARING OPENED: 10:32 A.M.
PUBLIC HEARING CLOSED: 10:34 A.M.
MOTION: I MOVE TO ADOPT ORDINANCE 3534 AS AMENDED AND AUTHORIZE THE
CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 229 July 13, 1999
July 13, 1999
99-219 Continued Public Hearing - Don Senick - consideration of an
appeal of the Development Review Committee's denial of a Waiver
of Parcel Map (item on which a negative declaration with
mitigation measures regarding environmental impacts has been
recommended} to create thirteen 90 acre parcels and one 60 acre
parcel from a SSO acre parcel on property zoned A-40
(Agriculture - 40 acre parcels) and located north of Munjar
Road, approximately one mile east of Meridian Road, north of
Chico, APN 047-200-017 and 076 (WAV 99-09 [DD]) - action
requested:
A. SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF
REPORT DATED JULY 13, 1999, AND PURSUANT TO SECTION 66474
(A), {C), AND (D) OF THE STATE SUBDIVISION MAP ACT, DENY
THE PROPOSED SUBDIVISION AND UPHOLD THE DECISION OF THE
DEVELOPMENT REVIEW COMMITTEE; OR
B. SUBJECT TO FINDINGS II (A - C) AND THE CONDITIONS OF
APPROVAL AS DETAILED IN THE STAFF REPORT DATED
JULY 13, 1999, APPROVE THE WAIVER OF PARCEL MAP; ADOPT A
NEGATIVE DECLARATION; AND FIND THAT THE PROJECT WILL NOT
HAVE AN IMPACT ON FISH AND/OR WILDLIFE HABITAT AND APPROVE
A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF DEPARTMENT
OF FISH AND GAME ENVIRONMENTAL FILING FEES. (FROM 6-22-99)
(2133)(**00)
PUBLIC HEARING RECONVENED: 10:44 A.M.
PUBLIC HEARING CLOSED: 11:19 A.M.
MOTTON: SUBJECT TO FINDINGS I (A AND B) AS DETAILED
DATED JULY 13, 1999, AND PURSUANT TO SECTION
(D) OF THE STATE SUBDIVISION MAP ACT, I
PROPOSED SUBDIVISION AND UPHOLD THE DECISION
REVIEW COMMITTEE.
S M
VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion Carried)
RECESS:
RECONVENE:
11:26 A.M.
11:34 A.M.
IN THE STAFF REPORT
66479 (A), (C), AND
MOVE TO DENY THE
OF THE DEVELOPMENT
Page 230 July 13, 1999
July 13, 1999
Public Hearings and Timed Items
99-220 Public Hearing - Board of Supervisors - An Interim Zoning
Ordinance Adopted as an Urgency Measure Extending and Amending
a Temporary Moratorium on installation of wireless
Communications Facilities in Designated Areas - consideration of
the adoption of an ordinance amending and extending, for up to
10 months and 15 days, an urgency interim zoning ordinance
originally enacted and effective an June 8, 1999. The urgency
interim zoning ordinance imposed a temporary moratorium on the
installation of all wireless communications facilities, and/or
the issuance of permits for the installation of such facilities,
subject to certain exceptions, in the following areas: 1) in all
zones in the County allowing residential uses as a matter of
right; 2) in any location on any parcel within any other zone
that is within 100 feet of the edge of a parcel in any zone
allowing residential uses as a matter of right; and 3) in all
locations within the boundaries of any Comprehensive Airport
Land Use Plan, as adopted by the Butte County Airport Land Use
Commission. The Board will consider amendments to the urgency
interim ordinance which may include, but are not limited to the
following: 1) whether to increase or decrease the number of
areas affected by the moratorium on the installation of all
wireless communications facilities and/or the issuance of
permits for the installation of such facilities; 2} whether to
increase or decrease the 100-foot distance which wireless
communications facilities in any zone must be set back from the
edge of all parcels in any zone allowing residential uses as a
matter of right; and 3) a proposed expansion of the moratorium
on the installation of all wireless communications facilities
and/or the issuance of permits for the installation of such
facilities to include any location on any parcel within 100 or
more feet of the. edge of a parcel in any zone allowing
residential uses as a matter of right in all jurisdictions
adjacent to Butte County - action requested - ADOPT ORDINANCE
AND AUTHORIZE THE CHAIR TO SIGN. {FROM 6-5-99} (**956)(***00)
PUBLIC HEARING OPENED: 11:58 A.M.
PUBLIC HEARING CLOSED: 1:15 P.M.
MOTION: SUBJECT TO THE FINDING THAT THERE IS NO POSSIBILITY THAT
ENACTMENT OF TEiE PROPOSED EXTENSION AND AMENDMENT OF THE URGENCY
INTERIM ORDINANCE WILL HAVE A SIGNIFICANT ADVERSE EFFECT ON THE
ENVIRONMENT (CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINE
15061[b][3]) BECAUSE ENACTING THIS ORDINANCE WILL REDUCE THE
POSSIBILITY OF SUCH EFFECTS BY: LIMITING THE RANGE AND INTENSITY
OF NEW USES POSSIBLE IN THE AREAS IT COVERS, AND RESTRICTING NEW
USES TO THOSE OF A TYPE WHLCH ARE MORE COMPATIBLE WITH THE
ESTABLISHED RESIDENTIAL CHARACTER OF THOSE AREAS, I MOVE ADOPT
ORDINANCE 3535 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 231 July 13, 1999
July 13, 1999
RECESS: 1:30 P.M. ^~-~*
RECONVENE: 1:94 P.M.
Public Hearings and Timed Items
99-221 Continued Public Hearing - Butte County Planning Commission -
Zoning Code Amendments - consideration of zoning code
amendments to Sections 24-280 and 29-305.375 of the Butte
County Code (item determined to be a general rule exemption from
environmental review) revising the requirements and the
definition of Second Dwelling Units. Major revisions for
consideration include permitting Second Dwelling Units in the
urban areas to be detached and greater than 640 square feet if
a Use Permit is obtained, and to allow Second Dwelling Units in
the Watershed Protection Zone provided that double the minimum
lot area is maintained and a Use Permit is obtained - action
requested:
A. REPEAL SECTION 24-280 OF ARTICLE V AND SECTION 29-305.375
OF ARTICLE VI OF CHAPTER 24 OF THE BUTTE COUNTY CODE; AND
B. SUBJECT TO FINDINGS I (B 1 - 4) AS DETAILED IN THE STAFF
REPORT DATED JULY 13, 1999, ADOPT AN ORDINANCE TO REPLACE
SECTION 24--280 OF ARTICLE V AND SECTION 24-305.375 OF
ARTICLE VI OF CHAPTER 29 OF THE BUTTE COUNTY CODE, AND
AMEND SECTIONS 29-110 AND 24-235.10 OF THE BUTTE COUNTY
CODE AS PROVIDED IN ATTACHMENT "A" OF THE STAFF REPORT
DATED JULY 13, 1999. (FROM 5-8-99) (***1990)
PUBLIC HEARING RECONVENED: 1:48 P.M.
PUBLIC HEARING CLOSED: 1:48 P.M.
MOTION: SUBJECT TO FINDINGS I (B1-4) AS DETAILED IN THE STAFF REPORT
DATED JULY 13, 1999, I MOVE REPEAL SECTION 24-2$0 OF ARTICLE V
AND SECTION 29-305.375 OF ARTICLE VI OF CHAPTER 29 OF THE BUTTE
COUNTY CODE AND ADOPT ORDINANCE 3536 TO REPLACE SECTION 24-280
OF ARTICLE V AND SECTION 24-305.375 OF ARTICLE VI OF
CHAPTER 24 OF THE BUTTE COUNTY CODE, AND AMEND SECTIONS 24-110
AND 24-235.10 OF THE BUTTE COUNTY CODE AS PROVIDED IN ATTACHMENT
"A" OF THE STAFF REPORT DATED JULY 13, 1999.
S M
VOTE: l Y 2 Y 3 Y 4 X 5 Y (Unanimously Carried)
MOTION: I MOVE THAT THE PENDING APPLICATION FOR A SECOND DWELLING UNIT
WHICH DOES NOT MEET THE CURRENT STANDARDS BE ALLOWED TO PROCEED
IN THE APPLICATION AND APPROVAL PROCESSED UTILIZING THE
PREVIOUS STANDARDS.
S M
VOTE: 1 Y 2 N 3 Y 4 Y 5 Y (Motion Carried) -~-~
Page 232 July 13, 1999
July 13. 1999
Regular Agenda
9 9222 Public Comment {PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW
FROM TAKING ACTION ON ANY ITEM IF IT IS NOT LISTED ON THE
AGENDA.) (***2913)(****00)
1. Frank Stuart, Counties QLG Forester, addressed the Board
to request that the Board consider the addition of a
resolution submitting the County's comments on the Herger-
Feinstein Quincy Library Group Forest Recovery Act Draft
Environmental Impact Statement.
99-223 Consideration of the addition of an item to the agenda:
Resolution in Response to the Herger-Feinstein Quincy Library
Group Forest Recovery Act Draft Environmental lmpact Statement.
MOTION: I MOVE, PURSUANT TO GOVERNMENT CODE SECTION 54954.2(b)(2), THAT
THERE IS A NEED TO TAKE IMMEDIATE ACTION AND THAT THE NEED FOR
ACTION CAME TO THE ATTENTION OF THE BOARD OF SUPERVISORS
SUBSEQUENT TO THE AGENDA BEING POSTED AS SPECIFIED IN GOVERNMENT
CODE SECTION 54959.2(a).
M S
VOTE: l Y 2 Y 3 Y 9 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO ADOPT RESOLUTION 99-93 FOR THE HERGER-FEINSTEIN QUINCY
LIBRARY GROUP FOREST RECOVERY ACT DRAFT ENVIRONMENTAL IMPACT
STATEMENT.
S M
VOTE: 1 Y 2 N 3 Y 9 Y 5 Y (Motion Carried)
99-224 CL05ED SESSION: The Board recessed at 1:50 p.m. to a closed
session conference with legal counsel regarding
actual J.itigation pursuant to Government Code
Section 54956.9(a): Workers' Compensation Case
No. RDG 87857; Butte County Claim No. 989062;
Equal Employment Opportunity Commission Claim
No. 370-97-0059; and Butte County v. Cofer.
Consideration of public employee appointment
pursuant to Government Code Section 54957:
Director of Water and Resource Conservation;
and conference with labor negotiators pursuant
to Government Code Section 54957.6: Agency
Negotiators: William Avery and Donald Turko.
Employee Organizations: Butte County Employees
Association (General Unit); Butte County
Management Employees Association (Management,
Confidential, and Supervisory Unit); and
Communication Workers of America (Social
Services Workers Unit). (****180 [ANNOUNCED AT
***2360])
Page 233 July 13, 1999
July 13, 1999
99-229 RECONVENE: The Board reconvened at 4:13 p.rn. from a closed
session conference with legal counsel regarding
actual litigation pursuant to Government Code
Section 54956.9{a}: Workers' Compensation Case
No. RDG 87857; Butte County Claim No. 989062;
Equal Employment Opportunity Commission Claim
No. 370-97-0059; and Butte County v. Cofer.
Consideration of public employee appointment
pursuant to Government Code Section 54957:
Director of Water and Resource Conservation;
and conference with labor negotiators pursuant
to Government Code Section 54957.6: Agency
Negotiators: William Avery and Donald Turko.
Employee Organizations: Butte County Employees
Association (General Unit}; Butte County
Management Employees Association (Management,
Confidential, and Supervisory Unit}; and
Communication Workers of America {Social
Services Workers Unit). (NO ANNOUNCEMENTS)
CbC[llilunlCatlOnS
99-225 Communications received and referred. {COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE 2N THE CLERK OF THE BOARD OFFICE)
A. Tim Leslie, Senator, First District, California
Legislature, writes to the Board to provide an update on
the Senator's efforts to return revenues to local
governments. (REFERRED TO CHIEF ADMINISTRATIVE OFFICER
[6-21-99])
B. Paul M. Santoni, Oroville, writes the Board to request
permission to cross a one foot no-access strip onto
Lumpkin Road. {REFERRED TO DIRECTOR OF PUBLIC WORKS
[6-25-99~)
C. Marsha L. Berkbigler, Director-Government Relations, TCI
of Northern California, writes to the Administrative
Office to give notice of a channel lineup change for
customers effective August 1, 1999.
Page 234 July 13, 1999
July 13, 1999
ADJOURNMENT: There being no further business before the
Board, the meeting was adjourned at 4:13 p.m.
to reconvene at a Special Meeting of the Board
on Friday, July 15, 1999, at 9:00 a.m.
JANE DOLAN, Chair
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the and of Supervisors
%..
Y~
Page 235 July 13, 1999