HomeMy WebLinkAboutM072799BOARD OF SUPERVISORS
MINUTES
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE ROUX, 3rd District
CURT JOSIASSEN, 4th District
BRED C. DAVIS, 5th District
July 27, 1999
Call to Order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville. Supervisors present:
Beeler, Houx, Davis, and Chair Dolan. Also present: John S.
Blacklock, Chief Administrative Officer, Susan Minasian, County
Counsel; and Marion Reeves, Assistant Clerk of the Board. Not
present: Supervisor Josiassen.
Pledge of Allegiance to the Flag of the United States of America.
Invocation - Pastor Don North, Trinity Bible Church, Oroville.
SUPERVISOR JOSIASSEN PRESENT
99-228 Items removed from the Consent Agenda for Board consideration and
action.
1. California Department of Insurance - Board approval is
requested by the District Attorney for submission of a
grant application to the California Department of Insurance,
pursuant to Insurance Code Section 1872.8, for a Workers
Compensation Fraud Prosecution Program. The term of the grant
is July 1, 1999, through June 30, 2000, in the amount of $89,459
(100 State). Board approval is also requested on a budget
transfer which will amend the projected revenue amount for this
grant as listed in the District Attorney's proposed budget to
the corrected total grant award of $89,459 (an additional
$49,959) - action requested - ADOPT A RESOLUTION AUTHORIZING THE
DISTRICT ATTORNEY TO UNDERTAKE THE GRANT AWARD AGREEMENT AND
AUTHORIZE THE CHAIR ~'0 SIGN; AND Apl?ROVE BUDGET T1~ANSFER B-006
(4/5 vote required) INCREASING THE REVENUE AND EXPENDITURE ITEMS
IN BUDGET UNIT 320.001 IN THE AMOUNT OF $49,959.
Page 237 July 27, 1999
Julv 27, 1999
99-228 2. California Department of Insurance - Board approval is requested'"
by the District Attorney for submission of a grant application
to the California Department of Insurance, pursuant to Insurance
Code Section 1872.8, for an Automobile Insurance Fraud Program.
The term of the grant is July 1, 1999, through June 30, 2000, in
the amount of $89,459 (lOD°s State). Board approval is also
requested on a budget transfer which will amend the projected
revenue amount for this grant as listed in the District
Attorney's proposed budget to the corrected total grant award of
$89,959 (an additional $42,987) - action requested - ADOPT A
RESOLUTION AUTHORIZING THE DISTRICT ATTORNEY TO UNDERTAKE THE
GRANT AWARD AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE BUDGET TRANSFER B-OD7 (4/5 vote required) INCREASING THE
REVENUE AND EXPENDITURE ITEMS IN BUDGET UNIT 320.001 IN THE
AMOUNT OF $42,987.
3. Resolution Amending Resolution Na. 84-197 Establishing the
Surface Mining Aggregate Operations Committee - Board approval
is requested by County Counsel for a resolution which will amend
the resolution establishing the Surface Mining Aggregate
Operations Committee to include industry representation pursuant
to Government Code Section 87100 et seq. and Section 18707.4 of
Title 2, Division 5, Chapter 7, Article I of the California
Code of Regulations - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
Consent Agenda
99-229 1. Approval of Minutes - action requested - APPROVE MINUTES OF
JUNE 22, 1999; JUNE 23, 1999; AND JUNE 25, 1999.
2. Budget Transfers - action requested -- APPROVE BUDGET TRANSFERS
B-472 (BEHAVIORAL HEALTH); 8-005 (DISTRICT ATTORNEY}; B-471
(EMERGENCY SERVICES/BUILDINGS AND GROUNDS/COMMUNICATIONS ISF};
AND B-476 (VARIOUS DEPARTMENTS/COMMUNICATIONS ISF}. (ALL BUDGET
TRANSFERS LISTED ABOVE REQUIRE A 4/5 VOTE)
3. County Library Donations - in accordance with Government Code
Section 25355, donations of $1,000 from the Chico Rotary Club,
$895.7fl from the Oroville Friends of the Library, and $100 from
Kay and Clint Luhmann of Oroville, have been received for the
Butte County Trust Fund for the purchase of books - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
9. Bomb Suit Donation - Danny G. Kohrdt has donated a bomb suit and
accompanying equipment valued at $9,380 to the Butte County
Sheriff's Office -- action requested - ACCEPT DONATION AND
AUTHORIZE A LETTER OF APPRECIATION.
Page 23$ July 27, 1999
July 27, 1999
99-229 5. County Service Area (CSA) No. 24 (Chico Mud Creek Drainage) -
Annexation - on July 9, 1999, the Local Agency Formation
Commission (LAFCo) adopted Resolution No. 32 1998/99
approving the annexation of the Foothill Park East Subdivision
to CSA No. 24 for the purpose of utilizing drainage facilities
as a condition of subdivision approval for residential
development of the property. As the proposed annexation has
unanimous landowner consent, a public hearing is not required -
action requested - ADOPT RESOLUTION 99-94 AND AUTHORIZE THE
CHAIR TO SIGN.
6. Chambers Subdivision, Phase I - Final Map - APN 040-040-005 and
090-040-006, 1 lot plus owner's remaining lands located between
Entler Avenue and Speedway Avenue, lying westerly of the
Southern Pacific Railroad right-of-way, south Chico area -
action requested - APPROVE FINAL MAP; ACCEPT THDSE PORTIONS OF
ENTLER AVENUE AND SPEEDWAY AVENUE AS OFFERED FOR DEDICATION TO
THE COUNTY IN FEE SIMPLE IN ITEM 1 OF THE OWNER'S STATEMENT;
ACCEPT EASEMENTS AS GRANTED IN ITEM 2 OF THE OWNER'S STATEMENT
ON BEHALF OF THE ENTITIES NAMED (NDTE THAT THE INTERIpR STREET
AND ONE-FOOT WIDE NO ACCESS STRIP ARE NOT ACCEPTED AT THIS
TIME. )
7. Land Conservation Act (LCA) Amendment - the estate of Howard F.
Brady entered 758 acres of land into an LCA agreement in 1980.
Recently 60 acres of that land was sold to the Circle Six Ranch,
Inc., and a lot line adjustment has reduced the lands covered by
the Brady agreement by 60 acres. The 60 acres will continue to
be included in an LCA agreement for the Circle Six Ranch, Inc.,
and Board approval is requested for an amendment to the LCA
agreement with the estate of Howard F. Brady in response to the
transfer of property - action requested - APPROVE THE AMENDMENT
TO THE LCA AGREEMENT WITH THE ESTATE OF HOWARD F. BRADY AND
DIRECT RECORDING OF THE AMENDMENT WITH THE COUNTY CLERK-
RECORDER.
$. Land Conservation Act (LCA) Inclusion - the Land Conservation
Act Advisory Committee unanimously voted to recommend the
inclusion of 180 acres of land owned by the Circle Six Ranch,
Inc., into an LCA agreement. The land is identified as APN 022-
030-071, 022-030-O1B, and a portion of 022-030-012 - action
requested - APPROVE APPLICATION AND AUTHORIZE THE CHAIR TO SIGN
AND DIRECT RECORDING OF THE AGREEMENT WITH THE COUNTY CLERK-
RECORDER.
9. City of Chico - Certificate of Acceptance - the City of Chico
has executed a deed granting title of property located at the
southeast corner of East Park Avenue and County Drive (APN 050-
580-095) to Butte County The property is part of a plan to
provide alternative access to the Sheriff's Substation located
at 979 East Park Avenue - action requested - ACCEPT THE PROPERTY
AND APPROVE THE CERTIFICATE OF ACCEPTANCE AND AUTHORIZE THE
CHAIR TO SIGN.
Page 239 July 27, 1999
July 27, 1999
99-229 10. 911 Dispatch Center - Contract Change Order (CCO) No. 3 -'~
CCO No. 3, in the decreasing amount of $1,202, provides for a
credit which resulted from the substitution of a lesser quality
carpet - action requested - APPROVE CCO N0. 3 AND AUTHORIZE
THE CHAIR TO SIGN.
11. 911 Dispatch Center - Notice of Completion - all work 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.
12. Information Systems - State 9I1 Funds - Board approval is
requested by the Information Systems/Communications
Department for a tudget transfer which will accept and
appropriate $450 in unanticipated State 911 funding. These
funds will be utilized to pay expenses incurred in fiscal year
1998-99 to keep the County 911 database current - action
requested - APPROVE BUDGET TRANSFER B-477 (4/5 vote required)
ACCEPTING AND APPROPRIATING $450 IN UNANTICIPATED STATE 911
FUNDS.
13. Resolution Establishing a Revolving Fund for the Department of
Public Works - Board approval is requested by the Public Works
Department for a rE>.solution which would establish a $50.00
revolving fund to ~~rovide payment of the required rebate of'~^
$0.04 per quart on oi.i disposed of at the Public Works Used Oil
Recycling Center - a~tion requested - ADOPT RESOLUTION 99-95 AND
AUTHORIZE THE CHAIR TO SIGN.
14. Adoption of a 5ala~°y Ordinance Amendment - the Welfare
Department has requested the Personnel Department prepare a
salary ordinance amr~ndment which will add twelve term
positions of Social Worker III/II (terms to end 6-30-00) in
support of the CalGaORKs program - action requested - ADOPT
ORDINANCE 3537 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 7-13-99)
15. Adoption 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 - ADOPT ORDINANCE 3538 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 7-13-99)
Page 240 July 27, 1999
,~
July 27, 1999
99-229
16. 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 add one term position of Administrative Analyst III/II/I-
Courts (term to end 6-30-00) and one term position of
Administrative Services Assistant-Courts (term to end 6-30-00)
in support of the CalWORKs program. These positions will be
fully funded utilizing Ca1WORKs funds - action requested - WAIVE
READING OF THE ORDINANCE.
17. Introduction of a Salary Ordinance Amendment - the Welfare
Department has requested the Personnel Department prepare a
salary ordinance amendment which reclassifies one position of
Micrographics Technician II to Office Assistant III, and eleven
positions of Receptionist to Office Assistant III, pursuant to
the recommendations contained in the classification,
compensation, and organizational study performed by Cooperative
Personnel Services. In response to the transition of the Public
Guardian functions to the Welfare Department, the proposed
salary ordinance amendment also reclassifies one position of
Staff Services Systems Specialist to Supervisor-Staff Support
Services - action requested - WAIVE READING OF THE ORDINANCE.
18. Resolution in Recognition of Michael G. "Mick" Phillips upon his
Retirement from the Department of Public Works - action
requested - ADOPT RESOLUTION 99-96 AND AUTHORIZE THE CHAIR TO
SIGN.
19. Program Supplement No. M014 - reimbursement of funds for
qualified projects under Administering Agency-State Agreement
No. 03-5912, modified November 29, 1995, for Federal-Aid
Projects, requires execution of a Program Supplement to the
Master Agreement. Program Supplement No. M014 provides funding
for reimbursement of construction engineering and construction
costs for the River Road Bridge at Big Chico Creek Project -
03-BUT-O-CR, BRLO-5912(027), BR No. 12C-0010 - action
requested - ADOPT RESOLUTION 99-97 AUTHORIZING EXECUTION OF
PROGRAM SUPPLEMENT NO. M014 AND AUTHORIZE THE CHAIR TO SIGN.
20. Barbara Weibel - 9418 A Midway, Durham - Board approval is
requested by the Fire Department for a lease agreement
with Barbara Weibel for the space located at 9918 A Midway,
Durham, which serves as the office space for the Battalion 3
area. The term of the agreement is ~7uly 1, 1999,
through June 30, 2000, in the maximum amount of $275 per month
(department budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10102)
Page 241
July 27, 1999
Julv 27. 1999
99-229 21. Aircon Energy, Inc. - Preventative Maintenance Agreement - Board
approval is requested by the General Services Director for an
agreement with Aircon Energy, Inc., far preventative maintenance
services for the environmental controls and software in the 21
County buildings where the Delta Control equipment has been
installed as part of the energy management system. The term of
the agreement is July 1, 1999, through June 30, 2002, in the
maximum amount of $18,300 per year ($54,900 total [Buildings and
Grounds]) - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X11313)
22. Pacific Bell/MCI Telecommunications - Board approval is
requested by the Information Systems/Communications Department
for an agreement with Pacific Bell/MCI Telecommunications for
the provision of telecommunication services. The agreement
offers the County the same services and rates being provided to
the State for the seven year term remaining on the State
agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X11311)
23. Victim/Witness Assistance Program - Board approval is requested
by the Probation Department to submit a grant application to
State Board of Control/Office of Criminal Justice Planning for
the 1999-2000 Victim/Witness Assistance Program. The funds
provide financial aid and personal support to victims of violent
crime. The term of the grant is July 1, 1999, through"`'
June 30, 2000, in the amount of $110,659 (100 State) - action
requested - ADOPT RESOLUTION 99-98 APPROVING THE GRANT AND
PROVIDING SIGNATURE AUTHORITY TO THE CHIEF PROBATION OFFICER AND
AUTHORIZE THE CHAIR TO SIGN.
29. State Department of Health Services - Drinking Water Source
Assessment - Board approval is requested by the Public Health
Department for a revenue agreement with the State Department of
Public Health for funds ($40,300 over four years [100 State])
to assess public drinking water supply sources. The County
Public Health Department will act as the Local Primacy Agency
(LPA) and will perform the assessment at the local level -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
25. Kingsley R, Stern, Ph.D. - Botanical Survey - Board approval is
requested by the Public Works Department for an agreement with
Kingsley R. Stern, Ph.D., for the provision of a botanical
survey in support of the Rock Creek/Keefer Slough Flood Control
Project. The term of the agreement is March 23, 1999, through
completion of the study, with a maximum amount payable of $8,900
(department/project budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. -~-~
Page 242 July 27, 1999
July 27, 1999
'"- 99-229 26. Advancement Within a Salary Range - pursuant to Personnel Rule
12.13, Board approval is requested by the District Attorney to
appoint a District Attorney Investigator II to Step 4 of the
salary range retroactive to the date of hire - action requested
- APPROVE APPOINTMENT OF A DISTRICT ATTORNEY INVESTIGATOR TO
STEP 4 OF THE SALARY RANGE RETROACTIVE TO JULY 6, 1999.
27. Advancement Within a Salary Range - pursuant to Personnel Rule
12.13, Board approval is requested by the Sheriff's Office to
appoint a Public Safety Dispatcher to Step 3 of the salary range
retroactive to the date of hire - action requested - APPROVE
APPOINTMENT OF A PUBLIC SAFETY DISPATCHER TO STEP 3 OF THE
SALARY RANGE RETROACTIVE TO APRIL 17, 1999.
28. Request for School Bond Election -
District, by Resolution No. 14-9899,
County Elections Department conduct
election to be held Tuesday, November
the election will be paid by
requested - AUTHORIZE THE COUNTY CLEF
SCHOOL BOND ELECTION.
Thermalito Union School
is requesting the Butte
a special school bond
2, ].999. The cost of
the District - action
,K TO CONDUCT THE SPECIAL
29. Ord Ranch Road Transfer Station - Permit Review Application -
Board approval is requested by the Public Works Department for
approval of the Solid Waste Facilities Permit Application
required by the California Integrated Waste Management Board far
the Ord Ranch Road Transfer Station - action requested - APPROVE
APPLICATION AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN
ON BEHALF OF THE COUNTY.
30. Americans with Disabilities Act (ADAM Self-Evaluation and
Transiticn Plan - Public Comment Period Extension - Board
approval is requested by the Personnel Department for a 60-day
extension to the public review and comment period of the ADA
Self-Evaluation and Transition Plan Report. The extension will
allow interested agencies additional time to comment on
the plan - action requested - APPROVE EXTENSION OF THE ADA
COMMENT PERIOD TO AUGUST 8, 1999.
31. Lime Saddle Community Services District - pursuant to Government
Code Section 57002, Board approval is requested to set a public
hearing for consideration of the dissolution of the Lime Saddle
Community Services District for August 24, 1999, at 10:30 a.m.-
action requested - SET PUBLIC HEARING FOR AUGUST 24, 1999, AT
10:30 A.M. AND DIRECT THE CLERK TO PUBLISH NOTICE AS REQUIRED.
(117)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.19,
3.21, AND 3.22, AND ITEM 3.06 AMENDED TO REMOVE THE WORDING, "AND
AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT" FROM THE ACTION
REQUESTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PRESENTATION OF RESOLUTION BY CHAIR DOLAN TO MICHAEL "MZCK" PHILLIPS,
Page 243 July 27, 1999
July 27, 1999
Regular Agenda
99-230 Appointments - Commissions and Committees (279)
Appointments to committee vacancies. (NONE)
MOTION: I MOVE TO APPOINT STEVE CARSON TO THE FISH AND GAME COMMISSION TO A
TERM TO END DECEMBER 31, 2002.
S M
VOTE: l Y 2 Y 3 Y 9 Y 5 Y (Unanimously Carried)
Butte County Water Commission - action requested - ACCEPT THE
RECOMMENDATION OF THE WATER COMMISSION AND APPOINT JOHN HARRIS
(LANDOWNER-DISTRICT WATER) TO A TERM TO END MARCH 1, 2003, AND
REAPPOINT PETER D. PETERSON (LANDOWNER-PRIVATE WELL) TO A TERM TO END
MARCH 1, 2003.
MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE WATER COMMISSION AND
APPOINT TO JOHN HARRIS (LANDOWNER-DISTRICT WATER} AND REAPPOINT
PETER D. PETERSON (LANDOWNER-PRIVATE WELL) TO THE BUTTE COUNTY WATER
COMMISSION TO TERMS TO END MARCH 1, 2003.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
99-231 Update on legislative and budget activities. (329) JOHN S. BLACKLOCK,
CHIEF ADMINISTRATIVE QFFICER, UPDATES THE BOARD ON A CHIEF"'-
ADMINISTRATTVE OFFICERS' MEETING HE ATTENDED TO DISCUSS PROPOSED
WORDING FOR THE UPCOMING CONSTITUTIONAL AMENDMENT ON LOCAL GOVERNMENT
RESTRUCTURING. THE BOARD WAS ALSO INFORMED OF THE CURRENT STATUS OF
FUNDING FOR THE ROCK CREEK/KEEFER SLOUGH FLOOD CONTROL PROJECT, AND
THE TIMING OF THE FINAL BUDGET HEARINGS WAS ADDRESSED. WITH REGARDS
TO THE FINAL BUDGET: IT IS ANTICIPATED THAT THE HEARINGS WILL
COMMENCE ON THURSDAY, AUGUST 12, 1999, AND CONTINUE THROUGH FRIDAY,
AUGUST 13, AND MONDAY, AUGUST 16, 1999.
99-232 Sheriff-Coroner Reorganization - Introduction of a Salary Ordinance
Amendment - the Sheriff-Coroner has requested the Personnel Department
prepare a salary ordinance amendment which will support the
implementation of a reorganization plan for the command structure of
the Sheriff's Office. The proposed reorganization plan proposes to:
1) eliminate the Assistant Sheriff classification; 2) create one at-
will position of Undersheriff; and 3) create the classification of
Sheriff's Captain. The proposed ordinance will only create the
classifications. Authorization of position allocations will require
subsequent action by the Board - action requested - APPROVE
REORGANIZATION PLAN AND WAIVE READING OF THE ORDINANCE. (563)
DON TURKO, PERSONNEL DIRECTOR, INFORMS THAT BOARD THAT A TENTATIVE
AGREEMENT HAS BEEN REACHED WITH THE DEPUTY SHERIFF'S ASSOCIATION, AND
THIS MATTER IS TO BE PRESENTED TO THE MEMBERSHIP OF THAT ASSOCIATION
ON AUGUST 6, 1999. PENDING THE OUTCOME OF THAT MEETING, MR. TURKO^
REQUESTED THIS ITEM BE CONTINUED WITHOUT ACTION TO AUGUST 1d, 1999.
ITEM CONTINUED WITHOUT ACTION TO THE MEETING OF AUGUST 10, 1999.
Page 249 July 27, 1999
July 27, 1999
^""` 99-233 Monitoring Wells Permit Fees - consideration of a waiver of well
permit fees for the Department of Water Resources on three new
monitoring wells within the County of Butte - action requested -
ACCEPT THE RECOMMENDATION OF THE DEPARTMENT OF WATER AND RESOURCE
CONSERVATION AND WAIVE WELL PERMIT FEES. (637)
MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE DEPARTMENT OF WATER AND
RESOURCE CONSERVATION AND WAIVE WELL PERMIT FEES FOR THREE NEW
MONITORING WELLS WITHIN THE COUNTY OF BUTTE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
99-234 Items removed from the Consent Agenda for Board consideration and
acticn. (1238)
1. California Department of Insurance - Board approval is requested
by the District Attorney for submission of a grant application
to the California Department of Insurance, pursuant to Insurance
Code Section 1872.8, for a Workers Compensation Fraud
Prosecution Program. The term of the grant is July 1, 1999,
through June 30, 2000, in the amount of $89,459 (1000 State).
Board approval is also requested on a budget transfer which will
amend the projected revenue amount for this grant as listed in
the District Attorney's proposed budget to the corrected total
grant award of $89,459 (an additional $49,459) - action
requested - ADOPT A RESOLUTION AUTHORIZING THE DISTRICT ATTORNEY
TO UNDERTAKE THE GRANT AWARD AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN; AND APPROVE BUDGET TRANSFER B-006 (4/5 vote required)
INCREASING THE REVENUE AND EXPENDITURE ITEMS IN BUDGET UNIT
320.001 IN THE AMOUNT OF $49,459.
2. California Department of Insurance - Board approval is requested
by the District Attorney for submission of a grant application
to the California Department of Insurance, pursuant to Insurance
Code Section 1872.8, far an Automobile Insurance Fraud Program.
The term of the grant is July 1, 1999, through June 30, 2000, in
the amount of $89,459 (1000 State). Board approval is also
requested on a budget transfer which will amend the projected
revenue amount for this grant as listed in the District
Attorney's proposed budget to the corrected total grant award of
$89,959 (an additional $42,987) - action requested - ADOPT A
RESOLUTION AUTHORIZING THE DISTRICT ATTORNEY TO UNDERTAKE THE
GRANT AWARD AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE BUDGET TRANSFER B-007 (4/5 vote required) INCREASING THE
REVENUE AND EXPENDITURE ITEMS IN BUDGET UNIT 320.001 IN THE
AMOUNT OF $42,987.
MOTION: I MOVE TO ADOPT RESOLUTIONS 99-99 AND 99-100 AUTHORIZING THE DISTRICT
ATTORNEY TO UNDERTAKE THE GRANT AWARD AGREEMENTS AND AUTHORIZE THE
CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 245 July 27, 1999
July 27, 1999
99-239 3. Resolution Amending Resolution No. 84-197 Establishing the"-'*
Surface Mining Aggregate Operations Committee - Board approval
is requested by County Counsel for a resolution which will amend
the resolution establishing the Surface Mining Aggregate
Operations Committee to include industry representation pursuant
to Government Code Section 87100 et seq. and Section 18707.9 of
Title 2, Division 6, Chapter 7, Article I of the California
Code of Regulations - action requested - ADOPT A RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION 99-101 AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 9 Y 5 Y (Unanimously Carried)
RECESS: 9:52 A.M.
RECONVENE: 10:05 A.M.
Public Hearing and Timed Items
99-235 Public Meeting - Sacramento River Reclamation District - pursuant to
the resolution providing for implementation of the Proposition 218
proceedings and formation of the Sacramento River Reclamation
District, this meeting is being held to allow landowners within the"-'
proposed district area an opportunity to comment on the proposed
assessment, as well as direct questions regarding the formation of the
district to the district proponents - action requested - ACCEPT FOR
INFORMATION. (FROM 6-22-99) (1510)
PUBLIC MEETING OPENED: 10:08 A.M.
PUBLIC MEETING CLOSED: 10:08 A.M.
Re ular A enda
99-236 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.) (1615)
1. Jean Crist addressed the Board to voice her opposition to the
unagendized action the Board took on the QLG Draft EIS at the
meeting of July 13, 1999. Ms. Crist felt that the manner in
which Mr. Stewart presented the item to Board prevented concerns
citizens in opposition to his position the ability to voice
their opinion to the Board prioz to action being taken.
Page 246 July 27, 1999
July 27, 1999
Public Hearing and Timed Items
99-237 Public Hearing ~ Feeney Engineering - consideration of a rezone (item
on which a negative declaration with mitigation measures regarding
environmental impacts has been recommended) to modify a Planned Unit
Development (PUD} to convert a tennis court to storage units and RV
parking for residents of the Eastwood Oaks PUD, located at the north
end of Tom Polk Avenue, approximately 500 feet north of East Avenue,
Chico area, APN 007-910-017 (REZ 99-05 [SB]) - action requested•
A. SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF REPORT
DATED JULY 27, 1999, APPROVE A NEGATIVE DECLARATION FOR THE
PROJECT AND AUTHORIZE THE CHAIR TO SIGN;
B. FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL
DAMAGE TO FISH AND/DR WILDLIFE OR THEIR HABITAT AND APPROVE A
"DE MINIMUS" EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH
AND GAME ENVIRONMENTAL FILING FEES; AND
C. SUBJECT TO FINDINGS III (A AND B) AS DETAILED IN THE STAFF
REPORT DATED JULY 27, 1999, ADOPT AN ORDINANCE APPROVING THE
REZONE TO INCLUDE, BY REFERENCE, A MODIFICATION TO THE EASTWOOD
OAKS PLANNED UNIT DEVELOPMENT SUBJECT TO THE CONDITIONS DETAILED
IN EXHIBIT "A" OF THE STAFF REPORT DATED JULY 27, 1999, AND
AUTHORIZE THE CHAIR TO SIGN. (1861)
PUBLIC HEARING OPENED: 10:25 A.M.
PUBLIC HEARING CLOSED: 10:27 A.M.
MOTION: SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF REPORT DATED
JULY 27, 1999, I MOVE TO APPROVE A NEGATIVE DECLARATION FOR THE
PROJECT AND AUTHORIZE THE CHAIR TD SIGN; FIND THAT THE PROPOSED
PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND10R WILDLIFE
OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE
COLLECTION OF DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEES;
AND SUBJECT TO FINDINGS III (A AND B) AS DETAILED IN THE STAFF REPORT
DATED JULY 27, 1999, FURTHER MOVE TO ADOPT ORDINANCE 3539 APPROVING
THE REZONE TO INCLUDE, BY REFERENCE, A MODIFICATION TO THE EASTWOOD
OAKS PLANNED UNIT DEVELOPMENT SUBJECT TO THE CONDITIONS DETAILED IN
EXHIBIT "A" OF THE STAFF REPORT DATED JULY 27, 1999, AND AUTHORIZE THE
CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:27 A.M.
RECONVENE: 10:34 A.M.
Page 247 July 27, 1999
July 27, 1999
Public Hearings and Timed Items
99-238 Continued Public Hearing - Roger Green - consideration of an appeal
of the Planning Commission's approval of a reclamation plan for the
County of Butte (item on which a negative declaration with mitigation
measures regarding environmental impacts has been recommended) for a
pre-existing 44 acre gravel mine on property zoned P-Q (Public -
Quasi-Public). The property is located northeast of the City of
Gridley, south of and adjacent to Almond Avenue, Gridley (File No.
MIN 99-01) - action requested - STAFF RECOMMENDS THE HEARING BE
CONTINUED TO AUGUST 24, 1999, AT 10:15 A.M. (2343)(**000)
PUBLIC HEARING RECONVENED: 10:36 A.M.
MOTION: I MOVE TO CONTINUE THIS MATTER TO THE MEETING OF SEPTEMBER 28, 1999,
AT 10:00 A.M. AND TO REFER THE ITEM TO THE SURFACE MINING AGGREGATE
OPERATIONS COMMITTEE FOR DISCUSSION AND RECOMMENDATION TO THE BOARD.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
99-239 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE
BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON
ANY ITEM 1F IT IS NOT LISTED ON THE AGENDA.) (**285) -"'"'
1. Tirn Bousquet, Chico Examiner, addressed the Board to express his
opinion that the copy costs the Courts charge ($0.50 per page)
are in excess of the amount allowed by law.
2. Jeff Bembry addresses the Soard to express his outrage at
Oroville Solid Waste for notifying rural area customers that
they will no longer be providing curbside service, and requested
the Board help address this matter.
3. Jae Matz, General Manager, Oroville Solid Waste, responds to the
Board regarding the business decision to limit pick-up service
to the rural areas of the County.
4. Faith Henderson addressed the Board to express her outrage at
Oroville Solid Waste for notifying rural area customers that
they will no longer be providing curbside service, and requested
the Board help address this matter.
5. Bessie Benedict addressed the Board to express her outrage at
Oroville Solid Waste for notifying rural area customers that
they will no longer be providing curbside service, and requested
the Board help address this matter.
BOARD DIRECTION THAT THIS MATTER BE PLACED QN THE AGENDA FOR THEE
MEETING OF AUGUST 10, 1999.
Page 248 July 27, 1999
July 27, 1999
'~"' RECESS: 11:44 A.M.
RECONVENE: 11:55 A.M.
99-240 CLOSED SESSION: The Board recessed at 11:56 a.m. to a closed session
conference for consideration of public employee
appointment pursuant to Government Code Section
54957: Director-Water and Resource Conservation; and
conference with legal counsel regarding actual
litigation pursuant to Government Code Section
54956.9(a): Porter vs. County of Butte (**1594)
RECONVENE: The Board reconvened at 12:18 p.m, from a closed
session conference for consideration of public
employee appointment pursuant to Government Code
Section 54957: Director-Water and Resource
Conservation; and conference with legal counsel
regarding actual litigation pursuant to Government
Code Section 54956.9(a): Porter vs. County of Butte.
(NO ANNOUNCEMENTS)
Regular Agenda
99-291 Annual Elected Department Head Presentations - District Attorney - to
discuss department issues and goals, and to voice mutual concerns -
action requested - ACCEPT FOR INFORMATION. (**2492)(***00)
PRESENTATION TO THE BOARD BY MICHAEL RAMSEY, DISTRICT ATTORNEY.
Communications
99-242 Communications received and referred. (COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Tim Leslie, Senator, First District, California Legislature,
writes to the Board to provide highlights from the 1999-2000
State Budget which affect local governments. (REFERRED TO CHIEF
ADMINISTRATIVE OFFICER [7-6-99])
Page 249 July 27, 1999
July 27, 1999
ADJOURNMENT: There being no further business before the Board the"~'~
meeting was adjourned at 12:59 p.m, to reconvened at
a regular meeting on Tuesday, August 10, 1999, at
9:Q0 a.m.
ANE DOLAAT, Chair
ATTEST:
John S. Blacklock, Chief Administrative
Officer and G].e f the Board
~~ ~,~~
Page 250 July 27, 1999