HomeMy WebLinkAboutM072898MINUTES
BOARD OF SUPERVISORS
R. J. BEELER,1 st District
JANE DOlJ1N, 2nd District
MARY ANNE HOUX 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAMS, 5th District
July 28, 1998
Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Present: Supervisors Beeler, Dolan, Houx, and Chair Davis,
John S. Blacklock, Chief Administrative Officer; Susan
Minasian, County Counsel; and Marion Reeves, Deputy Clerk of
the Board. Not Present: Supervisor Josias5en.
Pledge of Allegiance to the Flag of the United States of
America.
Invocation - Pastor John Barnes, First Assembly of God Church,
Paradise.
Consent Agenda
98-222 1. Approval of minutes - action requested - APPROVE MINUTES
OF JULY 14, 1998.
2. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS B-447 (Public Works-Appropriation for
Contingencies-Roads [4/5 vote required]), B-448 (Public
Works Road and Bridge Maintenance}, B-946 {Grand
Jury/Appropriation for Contingencies [4/5 vote
required)).
3. County Library donations - in accordance with Government
Code Section 25455, a donation of 51,033 from the
Oroville Friends of the Library has been received for the
Butte County Trust fl;nd for the purchase of books -
action requested - ACCEPT DONATION AND AUTHORIZE LETTERS
OF APPRECIATION.
4. Kimshew Cemetery District - action requested -
REAPPOINT MARCIA AVRAM ANp DOUG PEIRCE (TRUSTEES) TO
TERMS TO EXPIRE JULY 2002.
Page 239 July 28, 1998
98-222 5. Annual inventory of County property - relief from
accountability - the following departments are requesting '-'
relief from accountability for fixed asset items
determined to be lost due to accident or other means:
Administration - fixed asset no. 19536; Behavioral
Health - fixed asset nos. 12274, 12276, 19079, 19080,
19129, 19125, 19270, 19619, 21044, 21071, 21517, 17806,
17809, 17810, and 17811; Communications - fixed asset
nos. 13873 and 13875; Risk Management - fixed asset no.
18576; Information Systems - fixed asset nos. 21203,
21209, 22470, 11641, 18415, 23334, 18999, 18500, and
17759; Public Works - fixed asset nos. 13852 and 23073;
Sheriff's Office - fixed asset nos. 19952, 19955, 19954,
18695, 19953, and 19580. Pursuant to Article VIII,
Section 11 of the Butte County Charter, the requests for
relief of accountability were referred to the District
Attorney for investigation. The District Attorney and
the Auditor-Controller support the requests - action
requested - APPROVE REQUESTS FOR RELIEF FROM
ACCOUNTABILITY. (FROM 4-28-98 AND 5-26-98)
6. Surplus equipment - the District Attorney has transferred
six Hewlett Packard HP98SX calculators and two Hewlett
Packard infrared printers to purchasing surplus. Board
authorization is requested to declare the items surplus
to the needs of the County and authorize the purchasing
agent to dispose of them according to County policy -
action requested - DECLARE ITEMS SURPLUS TO THE NEEDS OF ~-
THE COUNTY AND AUTHORIZE DISPOSITION ACCORDING TO COUNTY
POLICY.
7. Information Systems - in an effort to facilitate
deployment of the County wide a-mail system, Board
approval is requested for the early acquisition of fixed
asset items approved in the preliminary budget. The
equipment requested consists of six 3000 Series 3-Com
switches, three proxy servers, and one mail server -
action requested - AUTHORIZE THE PURCHASE OF FIXED ASSET
ITEMS PRIOR TO ADOPTION OE THE FINAL BUDGET.
8. Sheriff's Office - on April 22, 1998, Sheriff's patrol
vehicle #787 was involved in a traffic accident which
rendered the vehicle unrepairable. The County has
received an insurance settlement in the amount of S18,722
for the vehicle, and Board authorization is requested for
the purchase of a replacement patrol vehicle in the
amount of $18,497, including State Use Tax, {plus $325
travel expenses [general fund - insurance
reimbursement]) from Salt Lake County Public Works, Salt
Lake City, Utah - action requested - APPROVE BUDGET
TRANSFER B-003, AND AUTHORIZE THE PURCHASE OF A FIXED
ASSET ITEM PRIOR TO ADOPTION OF THE FINAL BUDGET (4/5
vote required).
Page 240 July 28, 1998
98-222 9. Sheriff's Office - Board approval is requested for the
early acquisition of fixed asset items approved in the
preliminary budget. The Sheriff's Office is requesting
authorization to purchase four used 1997 Ford Crown
Victoria vehicles to be used as replacement vehicles for
the Sheriff's Services Division. Tha early acquisition
allows the Sheriff's Office to take advantage of a
purchasing offer which will save 58,900, but which
expires August 1, 1998 - action requested - APPROVE THE
PURCHASE OF FIXED ASSET ITEMS PRIOR TO ADOPTION OF THE
FINAL BUDGET.
10. Monthly Investment Report - the Treasurer-Tax
Collector submits the June 30, 1998, report in accordance
with the Butte County Statement of Investment Policy
dated July 1, 1997 - action requested - ACCEPT FOR
INFORMATION.
11. Statement of Investment Policy - the Treasurer-Tax
Collector submits the annual Statement of Investment
Policy effective July 1, 1998. This policy has been
reviewed and approved by the Butte County Treasury
Oversight Committee - action requested - ACCEPT FOR
INFORMATION.
Page 241 July 28, 1998
98-222 12. Adoption of a salary ordinance amendment and
position allocation - proposed is a salary ordinance ~"
amendment which implements adjustments resulting from the
Memoranda of Understanding with Butte County Employees
Association, Butte County Hanagement Employees
Association, Butte County Social Services Workers Unit,
and Butte County Law Enforcement Officers Association -
General Unit as follows: Butte County Consolidate Courts:
deletes four Municipal Court Judge positions, one
Administrative Analyst III/II/I position, one
Administrative Analyst II/I position, two Paralegal
positions, two Administrative Services Assistant
positions, one Information Systems Analyst II/I position,
one Information Systems Technician II position, one Legal
Secretary I position, three Accounting Specialist or
Senior Account Clerk positions, one Accounting Specialist
position, one Office Assistant III/II/I position, and
four Court Clerk I or Office Assistant II/I positions;
adds four Superior Court Judge positions, one
Administrative Analyst III/II/I-Courts position, one
Administrative Analyst II/I-Courts position, two
Paralegal-Courts positions, two Administrative Services
Assistant-Courts positions, one Information Systems
Analyst II/I-Courts position, one Information Systems
Technician II-Courts position, one Legal Secretary I-
Courts position, three Accounting Specialist-Courts ar
Senior Account Clerk-Courts positions, one Accounting
Specialist-Courts position, one Office Assistant ---
III/II/I-Courts position, and four Court Clerk I or
Office Assistant II/I-Courts positions; District
Attorney-Family Support Division: deletes one Family
Support Case Manager III/II/I position; Sheriff-Coroner -
Local Law Enforcement Block Grant (LLEBG): extends two
term Deputy Sheriff positions (terms to end 10-31-99);
Probation: deletes one Probation Officer III/II/I
position, and one Secretary II position; Welfare-G.A.I.N.
is deleted in its entirety; Welfare-Ca1WORKs is created
and adds ten Social Worker Supervisor I positions, forty-
five Social Worker III/II positions, eleven Social Worker
II/I positions, two Social Worker II/I or Social Services
Aide positions, and two Vocational Counselor positions;
Section 67 -- Hourly and Bi-Weekly Salary Rates:
identifies the salary rate tables based on a 40-hour work
week schedule; Section 68 - Salary Plan for Classified
Positions: identifies the classified positions and
the appropriate salary range designation per
classification by employee association unit - action
requested - ADOPT ORDINANCE 3437 AND AUTHORIZE THE CHAZR
TO SIGN. (FROM 7-14-98)
13. Adoption of an ordinance amending the ordinance
relative to the Board of Supervisors compensation -
proposed is an ordinance to provide for changes in the
transportation and cell phone provisions of the Board of „_,
Supervisors compensation ordinance - action requested -
ADOPT ORDINANCE 3438 AI3D AUTHORIZE THE CHAIR TO SIGN.
(FROM 7-14-98)
Page 242 July 28, 1998
98-222 19. Resolution Establishing an Orderly System for Destruction
of Records of the Clerk of the Soard - Board approval is
requested for a resolution which would create a retention
schedule for Clerk of the Board records. County Counsel
has reviewed this resolution and concurs with its
adoption by the Board - action requested - ADOPT
RESOLUTION 98-115 AND AUTHORIZE THE CHAIR TO SIGN.
15. Approval of plans and specifications for storm damage
repair on Forbestown Road at 0.38 miles northwest of
Robinson Mill Road; County Project No. 27581-98-1 -
plans and specifications have been completed for the
project - action requested - APPROVE PLANS AND
SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF
PUBLIC WORKS TO SIGN PLANS; ADOPT A WAGE SCALE; AND
AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS.
16. Report to the Board - regarding bids received July 21,
1998, for construction of storm drainage facilities at
various locations within the Thermalito area - action
requested - AWARD CONTRACT TO HUTCHINS PAVING AND
ENGINEERING, INC., IN THE AMOUNT OF $76,976 AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
17, Lawrence M. Wilcox, Ph.D - the Butte County
Department of Behavioral Health (BCDBH} requests Board
approval of an amendment to the fiscal year 1997-98
agreement to provide psychological services to clients of
the BCDBH Youth Services Division. Dr. Wilcox's services
were needed in excess of the original contract maximum,
The maximum amount payable is amended to $33,378
(realignment}. The term of the agreement remains the
same - action requested - APPROVE AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
18. Lawrence M. Wilcox, Ph.D - the Butte County Department of
Behavioral Health (BCDBH) requests Board approval of an
agreement for the provision of psychological services to
clients of the BCDBH Youth Services Division. The term
of the agreement is July 1, 1998, through June 30, 1999,
in the maximum amount of 525,920 (realignment/department
1998-99 proposed budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
19. Brown's River Records Preservation Services Agreement -
Board approval is requested for an agreement which
provides for restoration and enhancement services on
historical maps recorded with the County Clerk-Recorder.
The term of the agreement is three years, in the maximum
total amount of $115,000 (not to exceed 534,000 per year
[department budget]). Board authorization is also
requested for the purchase of one custom map cabinet with
doors - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN AND AUTHORIZE THE PURCHASE OF
A FIXED ASSET ITEM PRIOR TO ADOPTION OF THE FINAL BUDGET.
(Contract No. X10980}
Page 243 July 28, 1998
98-222 20. Cooperative Personnel Services (CPS) - the Interim
Director of Personnel requests Board approval of an
agreement to conduct an organizational analysis and
classification study for the Department of Social
Welfare. This study was agreed upon by the County and
the Communication Workers of America during the meet
and confer process. The total cost of the study is
$76,023 (Welfare Department budget) and CPS agrees to
finalize the study by November 10, 1998 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
21. Safety Data Services, Inc. - proposed is an amendment to
the agreement for Probation Department dictation and
transcription services extending the agreement from July
1, 1998, to December 31, 1998, in the maximum amount of
$35,000 (department budget} - action requested - APPROVE
AMENDMENT TO AGREEMENT AND AUTHORIZE THE CHIEF PROBATION
OFFICER TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (FROM 7-19-98)
22. California Department of Health Services - Fiscal Year
1998-99 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
1998-99 RURAL HEALTH SERVICES PROGRAM FUNDS.
23. Women, Infants and Children (WIC) - Fiscal Year 1997-98
Agreement (97-11231) - proposed is an amendment (02} to
the agreement for the provision of supplemental
nutritious food and nutrition education to mothers,
infants and young children. Under the terms of the
amendment the State will provide an additional S2,385 in
funds to cover the cost of increasing the number of
monthly participants from 5,925 to 5,975 - action
requested - APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN AND APPROVE BUDGET TRANSFER B-004
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE (9/5
vote required).
Page 244 July 28, 1998
98-222 24. Butte County Fair Association - County Service Area (CSA)
#34 {Gridley Swimming Pool} - proposed is an agreement
for the operation, maintenance, repair, and upkeep of
the Gridley Swimming Pool. The term of the agreement
is July 1, 1998, through June 30, 1999, in the maximum
amount of $45,000 (CSA #34 budget). In order to fund the
agreement a loan in the amount of $34,150 from the CSA
Revolving Loan Emend is requested. The Loan will be
repaid prior to the end of the 1998-99 fiscal year. A
budget transfer of S50,000 from the General Emend to the
CSA Revolving Loan Fund is needed to provide the
necessary funding -action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN; ADOPT RESOLUTION 98-116
APPROPRIATING MONIES TO THE COUNTY SERVICE AREA REVOLVING
LOAN FUND AND COUNTY SERVICE AREA #34 AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X10978)
25. Northern Valley Claims and Investigative Services -
proposed is a renewal agreement for the provision of
adjusting services for the County's self-insured general
liability insurance program. Services are provided on an
"as needed" basis and are charged according to a "time
and expense" schedule, not to exceed $25,000
(department budget) for fiscal year 1998-99 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X10985)
26. Child Care Capacity Building and Improvement Projects -
The California Department of Social Services is
allocating State funds to county welfare departments to
recruit licensed child care providers and to encourage
quality improvements in license exempt child care
arrangements as part of the implementations of the
calwoRxs program. The Director of the Department of
Social Welfare is requesting approval of two contracts
which will assist in the establishment of these programs.
The first agreement with the Butte County Office of
Education provides for needs assessment and plan
development. The term of the agreement is July 1, 1998,
through June 30, 1999, in the maximum amount of $11,634
(100 State funds). The second agreement with Valley
Oak Children`s Services provides for the provision of a
wide range of services including recruitment, publicity
campaigns, training, and technical assistance. The term
of the agreement is July 1, 1998, through June 30. 1999,
in the maximum amount of $35,819 (1008 State funds} -
action requested - APPROVE AGREEMENTS WITH BUTTE COUNTY
OFFICE OF EDUCATION AND VALLEY OAKS CHILDREN'S SERVICE
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 295 July 28, 1998
98-222 27. General Election Consolidation - Special Districts - the
following special districts have submitted resolutions
requesting consolidation with the November general w
election: Lime Saddle Community Services District
(2 directors/4 year terms, 1 director/2 year term),
E1 Medio Fire District {2 directors/4 year terms,
1 director/2 year term), Durham Irrigation District
(1 director/4 year term), Oroville-Wyandotte
Irrigation District (3 directors/9 year terms), Paradise
Irrigation District {3 directors/4 year terms),
Thermalito Irrigation District (2 directors/4 year
terms}, Lake Oroville Area Public Utilities
District (3 directors/4 year terms), Chico Area
Recreation and Park District (3 directors/9 year terms},
Feather River Recreation and Park District (2 directors/
4 year terms), Paradise Recreation and Park District
(3 directors/4 year terms) - action requested -
APPROVE CONSOLIDATION WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD NOVEMBER 3, 1998.
28. General Election Consolidation - School Districts - the
following school districts have submitted resolutions
requesting consolidation with the November general
election: Bangor Union Elementary (3 members/4 year
terms, 1 member/2 year term), Biggs Unified (3 members/
9 year terms), Butte Community College (3 members/4 year
terms), Chico Unified (3 members/4 year terms), Durham
Unified (2 members/9 year terms), Feather Falls Union
Elementary {3 members/9 year terms, 2 members/ 2 year
terms), Golden Feather Union Elementary (3 members/ r--
9 year terms}, Manzanita Elementary {2 members/4 year
terms), Oroville City Elementary (2 members/4 year
terms), Oroville Union High (3 members/4 year terms),
Palermo Union (3 members/ 9 year terms), Paradise Unified
(2 members/4 year terms), Pioneer Union Elementary
(3 members/4 year terms), Thermalito Union (3 members/
4 year terms}, Yuba County Board of Education
(3 members/4 year terms), Yuba Community College
(3 members/9 year terms, 1 member/2 year term} - action
requested - APPROVE CONSOLIDATION WITH THE STATEWIDE
GENERAL ELECTION TO BE HELD NOVEMBER 3, 1998.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED.
S M
VOTE: l Y 2 Y 3 Y 4 NP 5 Y {Unanimously Carried)
Regular Agenda
98-223 Appointments - commissions and committees.
A. Appointments to committee vacancies. (NONE)
98-224 Update on legislative and budget activities. (85) (JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, REPORTED ON THE
PROGRESS OF THE STATE BUDGET. ___,
Page 246 July 28, 1998
98-225 Butte County Tourism and Action Plan - proposed expansion of
promotion efforts for Butte County tourism - action requested:
A. APPROVE THE PROPOSED BUTTE COUNTY TOURISM AND ACTION PLAN
(IN CONCEPT) AND DIRECT STAFF TO PREPARE A CONTRACT WITH
CALIFORNIA STATE UNIVERSITY-CHICO FOR BOARD
CONSIDERATION;
B. DIRECT ADDITIONAL APPROPRIATIONS FOR THE TOURISM PLAN BE
INCLUDED FOR BOARp CONSIDERATION DURING FINAL BUDGET
HEARINGS; AND
C. APPOINT THE FOLLOWING MEMBERS OF' THE BUTTE COUNTY
TRANSIENT OCCUPANCX TAX ADVISORX COMMITTEE TO SERVE AS
REPRESENTATIVES ON THE SHASTA CASCADE WONDERLAND
ASSOCIATION BOARD OF DIRECTORS: RON DANBERGER, AMELIA
JENNINGS, DAVE MILLER AND SUSAN PETERSON. (129)
(PRESENTATION TO THE BOARD BY DICK PUELICHER, TREASURER TAX-
COLLECTOR AND EMILYN SHEFFIELD, SHEFFIELD AND ASSOCIATES.)
MOTION: I MOVE TO APPROVE THE PROPOSED BUTTE COUNTY TOURISM AND ACTION
PLAN (IN CONCEPT} AND DIRECT STAFF TO PREPARE A CONTRACT WITH
CALIFORNIA STATE UNIVERSITY-CHICO FOR BOARD CONSIDERATION;
DIRECT ADDITIONAL APPROPRIATIONS FOR THE TOURISM PLAN BE
INCLUDED FOR BOARD CONSIDERATION DURING FINAL BUDGET HEARINGS;
AND APPOINT THE FOLLOWING MEMBERS OF THE BUTTE COUNTY TRANSIENT
OCCUPANCY TAX ADVISORY COMMITTEE TO SERVE AS REPRESENTATIVES ON
THE SHASTA CASCADE WONDERLAND ASSOCIATION BOARD OF DIRECTORS:
RON DANBERGER, AMELIA JENNINGS, DAVE MILLER AND SUSAN PETERSON.
S M
VOTE: l Y 2 Y 3 Y 4 NP S Y (Unanimously Carried)
98-226 Animal Control - proposal for the provision of Animal Control
services by the Northwest Society for the Prevention of Cruelty
to Animals - action requested - ACCEPT THE RECOMMENDATION OF
THE ANIMAL CONTROL ADVISORY BOARD TO CONTINUE THE EXISTING
PROGRAM UNDER THE PUBLIC HEALTH DEPARTMENT. (651)
MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE ANIMAL CONTROL
ADVISORY BOARD TO CONTINUE THE EXISTING PROGRAM UNDER THE
PUBLIC HEALTH DEPARTMENT.
S M
VOTE: 1 N 2 Y 3 Y 4 NP 5 Y (Motion Carried)
Page 247 July 28, 1996
98-227 CLOSED SESSION: The Board recessed at 9:40 a.m. to a closed
session conference with legal counsel for '~`"'
consideration of actual litigation pursuant to
Government Code Section 54957.9(a}; Roettiger
v. County of Butte (a Workers' Compensation
case) and Butas v. County o~ Butte (a Workers'
Compensation casa); conference with labor
negotiator pursuant to Government Code Section
54957.6: Agency negotiator: Bill Avery;
Employee organization: Butte County Law
Enforcement Officers Association - Management-
Supervisory Unit.
RECONVENE: The Board reconvened at 10:07 a.m. from a
closed session Conference with legal counsel
for consideration of actual litigation
pursuant to Government Code Section
54957.9(a}: Roettiger v. County of Butte (a
Workers' Compensation case) and Butas v.
County of Butte (a Workers' Compensation
case); conference with labor negotiator
pursuant to Government Code Section 54957.6:
Agency negotiator: $ill Avery; Employee
organization: Butte County Law Enforcement
Officers Association - Management-Supervisory
Unit. (NO ANNOUNCEMENTS)
Public Hearin s and Timed Items
98-228 Public Hearing - Hans Lemcke - consideration of an appeal of
the Development Review Committee's denial of a tentative
parcel/subdivision map (item on which a negative declaration
with mitigation measures regarding environmental impacts has
been recommended), to divide two parcels totaling 47 acres into
four parcels, on property located on the southwest corner of
Cummings Road and Cummings Lane, Durham area, on property zoned
A-10 (Agricultural-10 acre minimum}, identified as APN 040-160-
023 and 029 - action requested - SUBJECT TO ENVIRONMENTAL
FINDING (A) AND SUBDIVISION MAP ACT FINDINGS (A - C)(STAFF
MEMORANDUM DATED JUNE 9, 1998), STAFF RECOMMENDS THAT-THE BOARD
DENY THE APPEAL OF THE TENTATIVE PARCEL MAP FOR HAMS LEMCKE ON
APN 040-160-023 AND 024. (FROM 6-23-98) (1150)
MOTION: I MOVE FOR A MOTION OF INTENT TO UPHOLD THE APPEAL AND APPROVE
A TENTATIVE PARCEL/SUBDIVISION MAP TO DIVIDE TWO PARCELS
TOTALING 47 ACRES ZNTO FOUR PARCELS ON PROPERTY LOCATED ON THE
SOUTHWEST CORNER OF CUNNINGS ROAD AND CUNNINGS LANE, DURHAM
AREA, ON PROPERTY 20NED A-10, IDENTIFIED AS APN 090-160-023 AND
029.
S M
VOTE: l Y 2 Y 3 N 4 NP 5 Y (Motion Carried)
Page 248 July 28, 1996
ITEMS 5.02 AND 5.03 GENERAL PLAN AMENDMENTS AND REZONES
(THE BOARD INITIATED MOTIONS WHICH INCLUDED ACTIONS DIRECTED AT BOTH ITEMS)
98-229 Public Hearing - Board of Supervisors - General Plan Amendment
98-01 and Aezone 98-01 - Custer Lane and Vicinity -
consideration of a General Plan Amendment amending Butte County
General Plan Land IIse Element and Oroville Area Plan (item on
Which a negative declaration regarding environmental impacts
has been recommended) from Industrial to Agricultural
Residential and a Rezone from M-1 (Light Industrial) to AR-1
(Agricultural Residential - 1 acre parcels) in order to bring
the General Plan and Zoning into conformance with existing
residential uses along Custer Lane and vicinity, on property
currently zoned Interim AR-1, Oroville. The study area is
located generally along Custer Lane, south of Oroville, more
specifically defined as that land bounded by Kussel Road on the
north, Lincoln Boulevard on the east and Railroad Avenue on the
west comprising an area of approximately i12 acres. The
project is located in Supervisorial District 1 and within the
Oroville Enterprise Zone - action requested - SUBJECT TO
ENVIRONMENTAL FINDINGS (A AND B), AND GENERAL PLAN CONSISTENCY
FINDING (A):
A. ADOPT A RESOLUTION APPROVING GENERAL PLAN AMENDMENT 98-01
AS RECOMMENDED BY THE PLANNING COMMISSION T4 AMEND THE
OROVILLE AREA LAND USE PLAN FROM INDUSTRIAY, TO
AGRICULTURAL RESIDENTIAh AS INCLUDED IN EXHIBIT "A"
AND MAP EXHIBIT "B" OF THE STAFF REPORT DATED JULY 28,
1998, AND AUTHORIZE THE CHAIR TO SIGN;
B. ADOPT AN ORDINANCE APPROVING ZONING AMENDMENT 98--01 AS
RECOMMENDED B Y THE PLANNING COMMISSION TO REZONE FROM
INTERIM AR-1 (INTE RIM AGRICULTURAL RESIDENTIAL-1 ACRE
PARCELS) TO AR-1 (AGRICULTURAL RESIDENTIAL-1 ACRE
PARCELS), AS INCLUDED ZN EXHIBIT "A" AND MAP EXHIBIT
"B" OF THE STAFF REPORT DATED JULY 28, 1998, AND
AUTHORIZE THE CHAIR TO SZGN; AND
C. INITIATE AN AMENDMENT TO THE TEXT OF SECTIONS 24-170, 29-
175, AND 29-180, "INDUSTRIAL ZONES" OF THE BUTTE COUNTY
CODE TO RE4UIRE THAT IN ALL INDUSTRIAL ZONES A USE PERMIT
SHALL BE NECESSARY FOR A SINGLE FAMILY RESIDENCE, AND
ONLY IN INSTANCES WHERE THE pWELLING WOULD BE A
CARETAKER, WATCHMAN, OR PROPRIETOR OF A LEGALLY
ESTABLISHED PERMITTED USE.
Page 249 July 28, 199$
98-229 Public Hearing - Butte County Development Services Department -
(cont.) consideration of a General Plan Amendment (item on which a ~'-'
negative declaration with mitigation measures regarding
environmental impacts has been recommended), from Grazing and
Open Lands to Public and Industrial and an expansion of the
Solid Waste Overlay General Plan designation for newly required
landfill property and an adjacent 51 acre parcel. Included in
the amendment is a proposed change to the text of the General
Plan making provision for uses that are related to or support
the landfill use - action requested - SUBJECT TO
ENVIRONMENTAL FINDINGS (A-C), AND GENERAL PLAN FINDING (A),
ADOPT A RESOLUTION APPROVING A GENERAL PLAN AMENDMENT CHANGING
THE LAND USE DESIGNATION ON 188 ACRES (AP 040-600-081)
CURRENTLY OCCUPIED BY THE~BUTTE COUNTY LANDFILL, FROM GRAZING
AND OPEN LANDS TO PUBLIC, AND CHANGING THE LAND USE
DESIGNATION ON 51~ACRES (AP 040-600-082) FROM GRAZING AND OPEN
LANDS TO INDUSTRIAL, AND AUTHORIZE THE CHAIR TO SIGN. IT IS
ALSO RECOMMENDED THAT THE TEXT OF THE LAND USE ELEMENT ENTITLED
"SOLID WASTE MANAGEMENT FACILITY" BE RENAMED TO "SOLID WASTE
FACILITY OVERLAY" AND THE FOLLOWING TEXT BE ADDED: THE SOLID
WASTE FACILITY OVERLAY LAND USE DEShGNATION ALLOWS USES WHICH
ARE ACCESSORY AND/OR RELATED TO SOLID WASTE AND/OR SEPTAGE
DISPOSAL. SUPPORT AND ACCESSORY USES WHICH ARE CONSISTENT WITH
THE SOLID WASTE FACILITY OVERLAY DESIGNATION INCLUDE, BUT ARE
NOT LIMITED TO: RECYCLING AND WASTE DIVERSION FACILITIES SITE
MONITORING OPERATIONS, TIRE SHREDDING AND STORAGE, COMPOSTING
OPERATIONS HOUSEHOLD HAZARDOUS WASTE FACILITIES METAL SCRAP
YARDS,- OFFICES, MAINTENANCE AND STORAGE FACILITIES FOR ---
COMMERGIAI~ REUSE HAULERS AND/OR SEPTIC TANK PUMPING COMPANIES
AND OTHER SIMILAR USES WHICH MEET THE PURPOSE OF THIS LAND USE
DESIGNATION. (STAFF REPORT DATED JULY 28, 1996) (1940) (OO**}
MOTION: SUBJECT TO ENVIRONMENTAL FINDINGS (A AND 8) AND GENERAL PLAN
CONSISTENCY FINDING (A) FOR THE CUSTER. LANE AND VICINITY
GENERAL PLAN AMENDMENT, AND SUBJECT TO ENVIRONMENTAL FINDINGS
(A, B, AND C) AND GENERAL PLAN FINDING (A) FOR THE GRAZING AND
OPEN LANDS GENERAL PLAN AMENDMENT, I MOVE TO ADOPT A NEGATIVE
DECLARATION FOR THE REZONE OF THE CUSTER LANE GENERAL PLAN
AMENDMENT, AS CONTAINED IN EXHIBIT "A-2" (AS AMENDED TO EXCLUDE
A 300 FOOT SETBACK AREA FRONTING LINCOLN BOULEVARD) OF THE
STAFF REPORT DATED JULY 28, 1998; AND MOVE TO ADOPT A NEGATIVE
DECLARATION FOR THE NEAL ROAD LANDFILL GENERAL PLAN AMENDMENT
AS CONTAINED IN EXHIBIT "B-1" OF THE STAFF REPORT DATED
JULY 28, 1996, AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: I Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried)
Page 250 July 28, 1998
9$-229 ITEMS 5.02 AND 5.03 GENERAL PLAN AMENDMENTS AND REZONES
(cont.)
MOTION: SUBJECT TO THE ENVIRONMENTAL AND GENERAL PLAN CONSISTENCY
FINDINGS AS PREVIOUSLY STATED; I MAKE A MOTION TO ADOPT
RESOLUTION 98-117 APPROVING GENERAL PLAN AMENDMENT 98-01 WHICH
AMENDS THE OROVILI,E AREA LANp USE PLAN FROM INDUSTRIAL TO
AGRICULTURAL RESIDENTIAL AS INCLUDED IN EXHIBIT "A-1" (AS
AMENDED TO EXCLUDE A 300 FOOT SETBACK AREA FRONTING LINCOLN
BOULEVARD AND REMOVING THE WORDING ON THE EXHIBIT WHICH READS
"GENERAL PLAN AMENDMENT FROM INDUSTRIAL TO LOW DENSITY
RESIDENTIAL") OF THE STAFF REPORT DATED JULY 28, 1998; AND
CHANGES THE LAND USE DESIGNATION ON 188 ACRES CURRENTLY
OCCUPIED BY THE BUTTE COUNTY LANDFILL, FROM GRAZING AND OPEN
LANDS TO PUBLIC, AND CHANGES THE LAND USE DESIGNATION ON 51
ACRES FROM GRAZING AND OPEN LANDS TO INDUSTRIAL, AS CONTAINED
IN EXHIBIT "S-1" OF THE STAFF REPORT DATED JULY 28, 199$; AND
APPROVES THE RENAMING OF THE GENERAL PLAN TEXT TITLE IN THE
LAND USE ELEMENT FROM "SOLID WASTE MANAGEMENT FACILITY" TO
"SOLID WASTE FACILITY OVERLAY", AND ADDS THE TEXT AS STATED IN
EXHIBIT "A" OF THE STAFF REPORT DATED JULY 28, 1998, ANp
AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 9 NP 5 Y {Unanimously Carried)
MOTION: SUBJECT TO THE ENVIRONMENTAI. AND GENERAL PLAN CONSISTENCY
FINDINGS AS PREVIOUSLY STATED; I MOVE TO ADOPT ORDINANCE
3439 APPROVING ZONING AMENDMENT 98-01 WHICH REZONES THE CUSTER
LANE AND VICINITY AREA AS INCLUDED IN EXHIBIT "A-1" (AS
AMENDED TO EXCLUDE A 300 FOOT SETBACK AREA FRONTING
LINCOLN BOULEVARD) OF THE STAFF REPORT DATED JULY 28, 1998,
E'ROM INTERIM AR-1 (INTERIM AGRICULTURAL RESIDENTIAL-1 ACRE
PARCELS) TO AR-1 (AGRICULTURAL RESIDENTIAL-1 ACRE PARCELS) AND
AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 9 NP 5 Y (Unanimously Carried)
98-230 Public Hearing - Butte County Agricultural Commissioner - Water
Division - adoption of a proposed ordinance amending Section
3-61 of the Butte County Code regarding certain fees chargeable
for the Butte County Agricultural Department - Water Division
for processing applications for groundwater substitute pumping
permits - action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (560)
ITEM POSTPONED TO AUGUST 25, 1998, AT 10:30 A.M.
RECESS: 11:20 A.M.
RECONVENE: 11:35 A.M.
Page 251 July 28, 1998
98-231 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING
ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE
AGENDA.) (741)
1. Eliza Johnson - addresses the Board regarding a
discriminatory incident she was subjected to by a County
employee. She speaks to the nepotism, discrimination,
and racism in the County, and request the Board adopt
rules and regulations which will prevent these types of
things from happening again.
2. Francis Kelly - states she is very of tended that this
incident happened to Eliza.
3. Mike Kelly - states that he is very offended that this
incident happened to Eliza.
RECESS: 11:97 A.M.
RECONVENE: 11:52 A.M.
9$-232 Annual Elected Department Head Presentations - District
Attorney - to discuss department issues and goals and to voice
mutual concerns - action requested - ACCEPT FOR INFORMATION.
(FROM 6-9-98)(1130)(00***)
PRESENTATION TO THE BOARD BY MIKE RAMSEY, DISTRICT ATTORNEY.
Communications
98-233 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Jana Wilson, Coordinator, Community Partnership and The
Children's Health Alliance of Oroville, writes to the
Board to thank them for supporting the Oroville Rapid
Transportation System and for the Board's commitment to
providing efficient, affordable transportation to the
residents of Butte County.
B. Peter R. Ramirez, Chairman, Mechaopda Indian Tribe of
Chico Ranceria, writes to the Board requesting approval
of a cooperative agreement between the tribe's housing
agency and the County of Butte. (REFER TO CHIEF ,_,
ADMINISTRATIVE OFFICER, COUNTY COUNSEL AND DEVELOPMENT
SERVICES)
Page 252 July 28, 1998
98-233 C. Dr. James M. Turner, Manager, Oakland Operations
Office, IInited States Department of Energy, writes to the
Board providing background information about the research
reactor spent fuel shipment that will be taming through
California, specifically addressing concerns raised in
recent newspaper articles about the safety of the casks
used to transport the spent fuel. (EMERGENCY SERVICES,
SHERIFF-CORONER, AND DISTRICT ATTORNEY)
ADJOURNMENT: There being no further business before the
Board, the meeting was adjourned at 1:02 p.m.
to reconvene on Tuesday, August 11, 1998, at
9:00 a.m.
.. `
~~
4
Fred~C. Davis, Chair
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Board of Supervisors
B
Page 253 July 28, 1998