HomeMy WebLinkAboutM080800BOARD OF SUPERVISORS
MINUTES
August 8, 2000
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th District
Call to Order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville. Supervisors
present: Beeler, Houx, Josiassen, Davis, and Chair Dolan. Also
present: John S. Blacklock, Chief Administrative Officer, Bruce
Alpert, County Counsel, and Marion Reeves, Assistant Clerk of
the Board.
Pledge of Allegiance to the Flag of the United States of
America.
Invocation - Reverend Mac McComas, Oroville Rescue Mission,
Oroville.
Consent Acrenda
00-247
1. Approval of Minutes - action requested - APPROVE MINUTES
OF JULY 25, 2000.
2. Budget Transfers - action requested - APPROVE BUDGET
TRANSFER B-012 (BEHAVIORAL HEALTH [4 /5 vote required]).
3. Sheriff's Office Donations - in accordance with Government
Code Section 25355, Board approval is requested by the
Sheriff's Office to accept donations from the Private
Industry Council. The donations consist of work crew
apparel, chainsaws and accessories, a weed-eater, axes,
shovels, mauls, and various other gardening tools. The
equipment has an estimated value in excess of $3,000 -
action requested - ACCEPT DONATION AND AUTHORIZE A LETTER
OF APPRECIATION.
4. Oroville Mosquito Abatement District - action requested -
APPOINT DENNIS DIVER, TRUSTEE, TO A VACATED POSITION WITH
A TERM TO END DECEMBER 31, 2000.
Page 261 August 8, 2000
August 8, 2000
00-247 5. Filing Cabinets - Board approval is requested by the
Personnel Department to purchase fixed asset items prior
to the adoption of the fiscal year 2000-2001 final budget.
The department would like to purchase replacement rotating
vertical filing cabinets (approved in the preliminary
budget) in an amount not to exceed $7,340. The purchase
request is being made at this time due to the
malfunctioning of the current cabinets, and the safety
hazards they present - action requested - APPROVE PURCHASE
OF FIXED ASSET ITEMS PRIOR TO THE ADOPTION OF THE COUNTY'S
2000-2001 FINAL BUDGET.
6. Del Oro Complex, Phase 1 Site Improvements (County Project
No. PL-99-1 - Notice of Completion - all work has been
completed in accordance with plans and specifications -
action requested - ACCEPT CONTRACT WORK; APPROVE NOTICE OF
COMPLETION AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT
RECORDING OF THE NOTICE OF COMPLETION.
7. Monthly Investment Report - the Treasurer-Tax Collector
submits the June 30, 2000, report in accordance with
the Butte County Statement of Investment Policy dated
July 1, 1999 - action requested - ACCEPT FOR INFORMATION.
8. Adoption of a Salary Ordinance Amendment - the Development
Services Department has requested the Personnel Department
prepare a salary ordinance amendment which deletes one
Office Assistant III/II/I position, and adds one Plan
Application Assistant/Office Assistant III position. The
ordinance incorporates staffing changes which will provide
for full implementation of the Permit Center at 7 County
Center Drive, as approved by the Board on June 27, 2000 -
action requested - ADOPT ORDINANCE 3620 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 7-25-00 [3.14])
9. Adoption of a Salary Ordinance Amendment - the Sheriff's
Office has requested the Personnel Department prepare a
salary ordinance amendment which deletes one Public Safety
Dispatcher position, and adds one Supervising Dispatcher
position. The change is being requested to provide for
increased supervision and organization of the Public
Safety Dispatchers - action requested - ADOPT ORDINANCE
3621 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 7-25-00
[3.15] )
10. Adoption of a Salary Ordinance Amendment - the Sheriff's
Office has requested the Personnel Department prepare a
salary ordinance amendment which adds two positions of
Deputy Sheriff in support of the Community Oriented
Policing Services (COPS) in Schools grant program approved
by the Board on April 11, 2000 - action requested - ADOPT
ORDINANCE 3622 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
7-25-00 [3.16] )
Page 262 August 8, 2000
August 8, 2000
00-247 11. Adoption of a Salary Ordinance Amendment - the Behavioral
Health Department has requested the Personnel Department
prepare a salary ordinance amendment which adds six Mental
Health Clinician II/I positions, six Senior Mental Health
Counselor/Mental Health Counselor/Mental Health worker
positions, one Medical Records Technician II/I position,
and one Supervisor-Mental Health Clinician position. The
positions are being added in support of a Day Treatment
Services program for severely emotionally disturbed
children which will be provided by the department.
Funding is available utilizing redirected contract
services funds - action requested - ADOPT ORDINANCE 3623
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 7-25-00 [3.45(2)])
12. Adoption of an Ordinance Repealing Ordinance 3599, an
Urgency Ordinance Prohibiting the Use of Specified County
Highways by Commercial Vehicles Exceeding 14,000 Pounds on
Hamilton Nord Cana Highway, Wilson Landing Road, and
Meridian Road - consideration of an ordinance repealing
Ordinance 3599 in response to the adoption of a permanent
ordinance - action requested - ADOPT ORDINANCE 3624 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 7-25-00 [4.04])
13. Introduction of a Salary Ordinance Amendment - the
District Attorney has requested the Personnel Department
prepare a salary ordinance amendment which flexibly staffs
a Deputy District Attorney IV position (position to expire
6-30-03) to a Deputy District Attorney IV/III/II/I
position (position to expire 6-30-03) This ordinance
corrects Ordinance 3614, which created the position but
did not provide for the flexible staffing - action
requested - WAIVE READING OF THE ORDINANCE.
14. Introduction of a Salary Ordinance Amendment - the
District Attorney-Family Support Division has requested
the Personnel Department prepare a salary ordinance
amendment which flexibly staffs one position of
Administrative Analyst II/I, and one position of
Administrative Analyst III, to two positions of
Administrative Analyst III/II/I to provide the department
with greater staffing choices - action requested - WAIVE
READING OF THE ORDINANCE.
15. Introduction of a Salary Ordinance Amendment - the
Probation Department has requested the Personnel
Department prepare a salary ordinance amendment which
flexibly staffs one position of Office Assistant II to
Office Assistant III/II/I to provide the department with
greater staffing choices - action requested - WAIVE
READING OF THE ORDINANCE.
Page 263 August 8, 2000
August 8, 2000
00-247 16. Introduction of a Salary Ordinance Amendment - the Public
Health Department has requested the Personnel Department
prepare a salary ordinance amendment which flexibly staffs
the current allocations for the positions of Staff Nurse
II/I or Licensed Vocational Nurse to Staff Nurse III/II/I
or Licensed Vocational Nurse to provide the department
with greater staffing choices - action requested - WAIVE
READING OF THE ORDINANCE.
17. Megabyte Systems - Board approval is requested by the
Assessor for an agreement with Megabyte Systems for the
provision of software maintenance and support of the
computerized property tax system. The term of the
agreement is July 1, 2000, through June 30, 2001, with a
maximum amount payable of $86,700 (Assessor/Auditor/Tax
Collector budgets) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10304)
18. Loumark Associates - Amendment - Board approval is
requested by the Butte County Department of Behavioral
Health for an amendment to the lease agreement with
Loumark Associates for the property located at 564 Rio
Lindo Avenue, Suite 206, Chico, which is utilized by the
Youth Services Division. The amendment extends the term of
the lease through fiscal year 2000-2001, with a monthly
lease amount of $2,140 (department budget) - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
19. Halla Saleem, M.D. - Amendment - Board approval is
requested by Butte County Department of Behavioral Health
(BCDBH) for an amendment to the agreement with Halla
Saleem for the provision of psychiatric services to BCDBH
clients. The amendment extends the term of the agreement
through fiscal year 2000-2001, and provides a maximum
amount payable for fiscal year 2000-2001 of $85,000
(department budget) - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X11558)
Page 264 August 8, 2000
August 8, 2000
00-247 20. Merced Manor - Amendment - Board approval is requested by
the Butte County Department of Behavioral Health for an
amendment to the agreement with Merced Manor for the
provision of community mental health services for chronic
mentally disordered patients. The amendment increases the
maximum amount payable for fiscal year 1999-2000 by $9,611
(department budget), extends the term of the agreement
through fiscal year 2000-2001, and provides a maximum
amount payable for fiscal year 2000-2001 of $79,191
(department budget) - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X11352)
21. James Glover, M.D. - Amendment - Board approval is
requested by the Butte County Department of Behavioral
Health (BCDBH) for an amendment to the agreement with
James Glover for the provision of psychiatric services to
BCDBH clients. The amendment increases the maximum amount
payable for fiscal year 1999-2000 by $1,660 (department
budget), extends the term of the agreement through fiscal
year 2000-2001, and provides a maximum amount payable for
fiscal year 2000-2001 of $199,160 (department budget) -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11303)
22. Henry Ganzler, Ph.D. - Amendment - Board approval is
requested by the Butte County Department of Behavioral
Health (BCDBH) for an amendment to the agreement with
Henry Ganzler for the provision of psychological services
to adolescent clients of BCDBH. The amendment extends the
term of the agreement through fiscal year 2000-2001, and
provides a maximum amount payable for fiscal year 2000-
2001 of $63,180 (department budget) - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X11318)
23. Youth For Change - Amendment - Board approval is requested
by the Butte County Department of Behavioral Health for an
amendment to the agreement with Youth For Change for the
provision of full-day rehabilitative program/medication
support services. The amendment extends the term of the
agreement through fiscal year 2000-2001, and provides a
maximum amount payable for fiscal year 2000-2001 of
$191,996 for rehabilitative services and $18,362 for
medication support services (department budget) - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Contract No. X11368)
Page 265 August 8, 2000
August 8, 2000
00-247 24. Sacramento Valley Family Services - Board approval is
requested by the Butte County Department of Behavioral
Health for an agreement with Sacramento Valley Family
Services for the provision of state-mandated therapeutic
behavioral services. The term of the agreement is
July 1, 2000, through June 30, 2001, with a maximum
amount payable of $300,000 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
25. Community Action Agency/Eldon R. and Margaret L. Faris -
Amendment - Board approval is requested by the County
Clerk-Recorder/Registrar of Voters for an amendment to the
lease agreement with Eldon R. and Margaret L. Faris, for
the property located at 2640 Fifth Avenue, Suites 6 and 7,
Oroville, which serves as warehouse space for the
Elections Division's records. The property has been sold
to the Community Action Agency, and the amendment provides
for the assignment of the lease agreement to the Community
Action Agency, effective May 19, 2000 - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X10111)
26. Gerald Flanagan - Board approval is requested by County
Counsel for an agreement with Gerald Flanagan for the
provision of legal services for the welfare Department-
Children's Services Division. The term of the agreement
is July 1, 2000, through June 30, 2002, with a maximum
amount payable of $9,966 per month (State funding) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X11629)
27. Pitney Bowes, Inc - Board approval is requested by the
Director of General Services for an agreement with Pitney
Bowes, Inc., for the lease of a Paragon mailing system,
postage meter, and accounting system. The term of the
agreement is October 1, 2000, through September 30, 2005,
with a maximum amount payable of $2,268 per quarter
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11732)
Page 266 August 8, 2000
August 8, 2000
00-247 28. State Board of Control, Victims of Crime Division - the
Probation Department has applied to the State Board of
Control for funds to support the Victim/witness Program.
The State Board of Control has notified the Probation
Department that they have been awarded grant funding in
the amount of $141,612 for the period of July 1, 2000,
through June 30, 2001. Board approval is requested by the
Probation Department to accept the grant award and to
approve a Joint Powers Agreement with the State Board of
Control for the administration of the grant - action
requested - ADOPT RESOLUTION 00-100 ACCEPTING THE GRANT;
AND APPROVE A JOINT POWERS AGREEMENT AND AUTHORIZE THE
CHIEF PROBATION OFFICER TO SIGN AGREEMENT AND ADMINISTER
THE GRANT.
29. State of California, Governor's Office of Criminal Justice
Planning - the Probation Department has applied to the
Governor's Office of Criminal Justice Planning for grant
funds to support the juvenile Serious Habitual Offender
Program. The Governor's Office of Criminal Justice
Planning has notified the Probation Department that they
have been awarded grant funding in the amount of $113,241
($5,662 County match required/department budget) for the
period of July 1, 2000, through June 30, 2001. Board
approval is requested by the Probation Department to
accept the grant award and to authorize the Chief
Probation Officer to sign the grant award agreement -
action requested - ADOPT RESOLUTION 00-101 ACCEPTING THE
GRANT AND AUTHORIZING THE CHIEF PROBATION OFFICER TO SIGN
GRANT AGREEMENT AND ADMINISTER THE GRANT.
30. Oro Dam Veterinary Service - Board approval is requested
by the Public Health Department for an agreement with
Oro Dam Veterinary Service for the provision of
animal sheltering services. The term of the agreement
is July 1, 2000, through June 30, 2001, with a maximum
amount payable of $48,000 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
31. Oroville Animal Health Center - Board approval is
requested by the Public Health Department for an agreement
with the Oroville Animal Health Center for the provision
of animal sheltering services. The term of the agreement
is July 1, 2000, through June 30, 2001, with a maximum
amount payable of $48,000 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
Page 267 August 8, 2000
August 8, 2000
00-247 32. California Family Health Council, Inc. - Amendment - Board
approval is requested by the Public Health Department for
an amendment to the revenue agreement with California
Family Health Council, Inc., for funding to provide basic
contraceptive services to eligible men and women. The
amendment provides for an additional $14,346 in funding
for the program - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
R40222)
33. Butte County Fair Association - 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 (County Service Area [CSA] No. 34). The term of the
agreement is July 1, 2000, through June 30, 2001, with a
maximum amount payable of $45,000 (CSA No. 34 budget).
The agreement provides for the Butte County Fair
Association to receive an advance of funds on a monthly
basis to cover the operation and maintenance of the pool.
In order to make these funds available, Board approval is
also requested for a loan in the amount of $28,000 from
the CSA Revolving Loan Fund. The loan will be repaid
prior to the end of the fiscal year 2000-2001 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER; ADOPT RESOLUTION 00-102 AUTHORIZING A
LOAN FROM THE CSA REVOLVING LOAN FUND; AND APPROVE BUDGET
TRANSFER B-013 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED LOAN REVENUE.
34. Mediation Center of the North Valley - Amendment - Board
approval is requested by the Superior Court of California,
County of Butte, for an amendment to the agreement with
the Mediation Center of the North Valley for the provision
of legal services in support of the Dispute Resolution
Program. The amendment extends the term of the agreement
from July 1, 2000, through June 30, 2001 (subject to the
availability of funds), provides for the distribution of
grant funding in an amount not to exceed $18,000, and
appoints Andrea Nelson as Butte County's Alternate Dispute
Resolution Coordinator - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11387)
Page 268 August 8, 2000
August 8, 2000
00-247 35. State of California, Department of water Resources - Board
approval is requested by the Butte County Department of
water and Resource Conservation for an amendment to the
agreement with the State of California, Department of
water Resources regarding State water Project
entitlements. The amendment will allow Butte County to
delay payment of the County's water entitlement until the
contracting process is completed with all State water
Project contractors. The amendment will result in no
additional cost to the County, and guarantees a similar
amendment next year if necessary - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO APPROVAL OF THE AUDITOR-CONTROLLER. (Contract No.
X10327)
36. City of Biggs - the City of Biggs submits Resolution Nos.
2000-19 and 2000-20, requesting consolidation of the
general municipal election for the purpose of electing two
members of the city council, and for submission to the
voters of an initiative measure relating to the People's
Choice Prison Initiative. Board approval is requested by
the County Clerk-Recorder/Registrar of Voters to
consolidate the election with the statewide consolidated
general election to be held on November 7, 2000 - action
requested - APPROVE CONSOLIDATION.
37. City of Chico - the City of Chico submits Resolution Nos.
02 00-O1, 03 00-O1, and 04 00-O1, requesting consolidation
of the general municipal election for the purpose of
electing four members of the city council, submission to
the voters of a measure regarding affordable rental
housing, and submission to the voters of a measure
regarding amendments to the Chico City Charter, Sections
611 and 700. Board approval is requested by the County
Clerk-Recorder/Registrar of Voters to consolidate the
election with the statewide consolidated general election
to be held on November 7, 2000 - action requested -
APPROVE CONSOLIDATION.
38. City of Gridley - the City of Gridley submits Resolution
Nos. 2000-R-022, 2000-R-023, 2000-R-024, 2000-R-031 and
2000-R-032, requesting consolidation of the general
municipal election for the purpose of electing three
members of the city council, and for submission to the
voters of a initiative measure relating to the People's
Choice Prison Initiative. Board approval is requested by
the County Clerk-Recorder/Registrar of Voters to
consolidate the election with the statewide consolidated
general election to be held on November 7, 2000 - action
requested - APPROVE CONSOLIDATION.
Page 269 August 8, 2000
August 8, 2000
00-247 39. City of Oroville - the City of Oroville submits Resolution
Nos. 5599 and 5602, requesting consolidation of the
general municipal election for the purpose of electing
three members of the city council, and for submission to
the voters of an initiative measure relating to the
People's Choice Prison Initiative. Board approval is
requested by the County Clerk-Recorder/Registrar of
Voters to consolidate the election with the statewide
consolidated general election to be held on
November 7, 2000 - action requested - APPROVE
CONSOLIDATION.
40. Town of Paradise - the Town of Paradise submits Resolution
Nos. 00-19 and 00-20, requesting consolidation of the
general municipal election for the purpose of electing
three members of the town council, and for submission to
the voters of an initiative measure regulating trees in
the Town of Paradise. Board approval is requested by the
County Clerk-Recorder/Registrar of Voters to consolidate
the election with the statewide consolidated general
election to be held on November 7, 2000 - action
requested - APPROVE CONSOLIDATION.
41. Oroville Union High School District - the Oroville Union
High School District submits Resolution No. 158-00,
ordering a school bond election, establishing
specifications of the election order, and requesting
consolidation with other elections. Board approval is
requested by the County Clerk-Recorder/Registrar of
Voters to consolidate the election with the statewide
consolidated general election to be held on
November 7, 2000 - action requested - APPROVE
CONSOLIDATION.
42. School District Governing Board Member Elections -
resolutions have been submitted ordering governing board
member elections, establishing specifications of the
election order, and requesting consolidation of the
elections for the following school districts: Bangor Union
Elementary, Biggs Unified, Chico Unified, Butte-Glenn
Community College, Durham Unified, Feather Falls Union
Elementary, Golden Feather Union Elementary, Gridley
Unified, Manzanita Elementary, Oroville City Elementary,
Oroville Union High, Palermo Union, Paradise Unified,
Pioneer Union Elementary, Thermalito Union, Yuba Community
College, Yuba County Board of Education, and Marysville
Joint Unified. Board approval is requested by the County
Clerk-Recorder/Registrar of Voters to consolidate the
elections with the statewide consolidated general election
to be held on November 7, 2000 - action requested -
APPROVE CONSOLIDATION.
Page 270 August 8, 2000
August 8, 2000
00-247 43. Ed Medio Fire Protection District - the El Medio Fire
Protection District submits Resolution No. R-00-004
requesting consolidation of an election for the purpose of
submitting to the voters within the district a measure
which increases a special tax for fire protection and
prevention. Board approval is requested by the County
Clerk-Recorder/Registrar of Voters to consolidate the
election with the statewide consolidated general election
to be held on November 7, 2000 - action requested -
APPROVE CONSOLIDATION.
44. Special Districts - the following special districts have
submitted resolutions or notices ordering their general
district elections to be consolidated with the statewide
general election: El Medio Fire Protection District,
Durham Irrigation District, Oroville-Wyandotte Irrigation
District, Paradise Irrigation District, Thermalito
Irrigation District, Chico Area Recreation and Park
District, Durham Recreation and Park District, Feather
River Recreation and Park District, Paradise Recreation
and Park District, Richvale Recreation and Park District,
Lake Oroville Area Public Utility District, and Yuba
County water District. Board approval is requested by the
County Clerk-Recorder/Registrar of Voters to consolidate
the elections with the statewide consolidated general
election to be held on November 7, 2000 - action
requested - APPROVE CONSOLIDATION.
45. California Department of Health Services - Fiscal Year
2000-2001 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's
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. (82)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 271 August 8, 2000
August 8, 2000
Regular Agenda
00-248 Appointments - Commissions and Committees. (100)
1. Appointments to committee vacancies. (NONE)
2. Community Transit Advisory Committee - action requested -
APPOINT COMMITTEE MEMBER TO A VACATED POSITION WITH A TERM
TO END JANUARY 1, 2003. (110)
MOTION: I MOVE TO APPOINT ROXIE HAYFIELD TO A VACATED TERM TO END
JANUARY 1, 2003.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-249 Update on legislative and budget activities. (158) JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT
THE LEGISLATURE IS BACK IN SESSION, BUT THERE APPEARS TO BE NO
NEW TREND TO PROVIDE FINANCIAL ASSISTANCE TO LOCAL GOVERNMENTS.
ALSO DISCUSSED WAS THE POSSIBILITY OF A COUNTY INITIATIVE TO
HELP SMALL RURAL DEPRESSED COUNTIES.
1. Request to Support Fair Competition and Taxpayer Savings
Initiative - consideration of a position of support for an
initiative, sponsored by the Consulting Engineers and Land
Surveyors, which will provide authorization for state
agencies and local entities to contract out for
architectural and engineering services - action
requested - APPROVE INITIATIVE SUPPORT FORM AND AUTHORIZE
THE CHAIR TO SIGN. (298)
MOTION: I MOVE TO APPROVE THE INITIATIVE SUPPORT FORM AND AUTHORIZE THE
CHAIR TO SIGN.
S M
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion Carried)
00-250 State Fair Exhibit - presentation to the Board on the Butte
County exhibit at the California State Fair - action requested -
ACCEPT FOR INFORMATION; AND APPROVE LETTERS OF APPRECIATION TO
THE VOLUNTEERS AND SPONSORS AND AUTHORIZE THE CHAIR TO SIGN.
(428)
PRESENTATION ON THE STATUS OF THE BUTTE COUNTY EXHIBIT BY DICK
PUELICHER, TREASURER-TAX COLLECTOR; AND SUSAN PETERSON, PROPERTY
TAX SUPERVISOR.
MOTION: I MOVE TO APPROVE LETTERS OF APPRECIATION TO THE VOLUNTEERS AND
SPONSORS AND AUTHORIZE THE CHAIR TO SIGN.
M/S M/S M/S M/S M/S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
THE BOARD EXPRESSED ITS THANKS TO ALL THE VOLUNTEERS AND
SPONSORS.
Page 272 August 8, 2000
August 8, 2000
00-251 Conveyance of County Property - Sad Sack Murals - consideration
of the conveyance, pursuant to Government Code Sections 25365
and 6061, of five "Sad Sack" cartoon murals (drawn on the walls
of the Central Storeroom) to the Air Force Museum located at
Wright-Patterson Air Force Base in Dayton, Ohio - action
requested - DECLARE MURALS SURPLUS TO THE NEEDS OF THE COUNTY,
AND AUTHORIZE CONVEYANCE (4 /5 vote required) TO THE AIR FORCE
MUSEUM. (620)
ITEM TO BE CONTINUED TO THE MEETING OF AUGUST 22, 2000, TO ALLOW
THE CONSIDERATION OF THE DONATION TO THE MILITARY MUSEUM OF
BUTTE COUNTY.
00-252 Urgency Ordinance Prohibiting the Use of Specified County
Highways by Commercial Vehicles Exceeding 14,000 Pounds on
LaPorte Road and Oroville Bangor Highway - consideration of an
urgency ordinance establishing weight limits on LaPorte Road and
Oroville Bangor Highway - action requested - ADOPT URGENCY
ORDINANCE (4/5 vote required) AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 7-25-00 [4.03] AMENDED) (831)
THE PUBLIC WORKS DEPARTMENT INFORMED THE BOARD THAT THIS MATTER
IS BEING ADDRESSED AT THE DEPARTMENT LEVEL AND REQUESTED THIS
ITEM BE REMOVED FROM THE AGENDA WITHOUT BOARD ACTION.
ITEM REMOVED FROM THE AGENDA, NO BOARD ACTION TAKEN.
00-253 Introduction of an Ordinance Prohibiting the Use of Specified
County Highways by Commercial Vehicles Exceeding 14,000 Pounds
on LaPorte Road and Oroville Bangor Highway - consideration of
an ordinance establishing weight limits on LaPorte Road and
Oroville Bangor Highway - action requested - WAIVE READING OF
THE ORDINANCE; AND SET A HEARING FOR ADOPTION OF THE ORDINANCE
FOR OCTOBER 10, 2000, AT 10:30 A.M. (831)
THE PUBLIC WORKS DEPARTMENT INFORMS THE BOARD THAT THIS MATTER
IS BEING ADDRESSED AT THE DEPARTMENT LEVEL AND REQUESTED THIS
ITEM BE REMOVED FROM THE AGENDA WITHOUT BOARD ACTION.
ITEM REMOVED FROM THE AGENDA, NO BOARD ACTION TAKEN.
Page 273 August 8, 2000
August 8, 2000
00-254 State of California, Department of Parks and Recreation -
Off-Highway Vehicle Funding - Board approval is requested by the
Director of General Services to apply to the State of
California, Department of Parks and Recreation for a grant in
the amount of $35,000 for funds to provide for the removal of
snow in the Butte Meadows area, transportation of snow removal
equipment, and maintenance and supplies of a County-owned sno-
cat - action requested - ADOPT A RESOLUTION APPROVING THE GRANT
APPLICATION AND AUTHORIZING THE CHIEF ADMINISTRATIVE OFFICER TO
SIGN GRANT DOCUMENTS. (1147)
MOTION: I MOVE TO ADOPT RESOLUTION 00-103 APPROVING THE GRANT
APPLICATION AND AUTHORIZING THE CHIEF ADMINISTRATIVE OFFICER TO
SIGN GRANT DOCUMENTS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-255 A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND A MOTION OF
INTENT ADOPTED - Stephen Schuster - Tentative Subdivision Map -
approval of a Tentative Subdivision Map to create 22 parcels and
a 41.39 acre remainder parcel from a 76.36 acre parcel (item on
which a negative declaration with mitigation measures regarding
environmental impacts has been recommended). The subdivision
will be comprised of nineteen parcels of 3/4 acres in average
size, one parcel of 1.58 acres, one parcel of 2.25 acres, and
one parcel of 16.02 acres, which is to be held in common by a
homeowner's association. The property is zoned R-1 (Residential)
and located northeast of, and adjacent to, Oroville-Chico
Highway, approximately 1,500 feet southwest of Estates Drive, in
the vicinity of the Butte Creek County Club, Chico, and
identified as APN 040-050-054 and 068 (DB [TSM 99-O1]) - action
requested - SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE STAFF
REPORT DATED AUGUST 8, 2000, AND PURSUANT TO BUTTE COUNTY CODE
SECTION 20-66(d), APPROVE THE APPEAL REQUEST SUBMITTED BY
STEPHEN J. SCHUSTER TO MODIFY CONDITION NO. 20 OF THE TENTATIVE
SUBDIVISION MAP 99-O1. (FROM 6-13-00 [5.03]) (1261)
Page 274 August 8, 2000
August 8, 2000
00-255 MOTION: SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE STAFF
REPORT DATED AUGUST 8, 2000, AND PURSUANT TO BUTTE
COUNTY CODE SECTION 20-66(d), I MOVE TO APPROVE THE
APPEAL REQUEST SUBMITTED BY STEPHEN J. SCHUSTER TO
MODIFY CONDITION NO. 20 OF THE TENTATIVE SUBDIVISION
MAP 99-O1. CONDITION NO. 20 IS TO READ, "CONDITION
20 - CONSTRUCT ONE-HALF STREET PLUS 12-FOOT SECTION
ON OROVILLE CHICO HIGHWAY TO RS-2A ROAD STANDARD WITH
VERTICAL CURB, GUTTER, AND SIDEWALK AND 2" AC, AND 8"
AB, SC 250 PRIME, FOG SEAL AND 95o RELATIVE
COMPACTION. CONSTRUCT FULL STREET SECTION ON INTERIOR
STREETS TO RS-2B ROAD STANDARD WITH CURB, AND GUTTER,
AND 2" AC, AND 8" AB, SC 250 PRIME, FOG SEAL AND 950
RELATIVE COMPACTION, WITH THE FOLLOWING EXCEPTION:
VALLEY OAK DRIVE BETWEEN THE ACCESS CONTROL GATE AND
OAK WOODS DRIVE WILL HAVE A 32-FOOT ROAD SECTION, AND
OAK WOODS DRIVE WILL HAVE A 36-FOOT ROAD SECTION WITH
THE SECTION WIDTHS MEASURED FACE OF CURB TO FACE OF
CURB. SUBMIT DESIGN TO LAND DEVELOPMENT DIVISION FOR
APPROVAL. "R" VALUE DETERMINATION AND OTHER DATA MAY
BE REQUIRED TO SUPPORT THE SECTION DESIGN."
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-256 Equal Employment Opportunity (EEO) Program:
1. Annual Report on Workforce Utilization - submission of the
annual report on workforce utilization for fiscal year
1999-2000 - action requested - ACCEPT FOR INFORMATION; AND
2. Equal Employment Opportunity Policy Statements -
consideration of the adoption of an Equal Employment
Opportunity Policy Statement and an Equal Employment
Opportunity Internal and External Dissemination Policy
Statement in response to federal grant requirements -
action requested - APPROVE EQUAL EMPLOYMENT OPPORTUNITY
POLICY STATEMENTS AND AUTHORIZE THE CHAIR TO SIGN. (1380)
MOTION: I MOVE TO ACCEPT THE REPORT FOR INFORMATION, AND FURTHER MOVE TO
APPROVE THE EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENTS AND
AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 275 August 8, 2000
August 8, 2000
00-257 Cherokee-Dry Creek watershed Project - Organizing, Outreach and
Monitoring Project - the Butte County water Commission voted on
August 1, 2000, to support Butte County's participation as the
fiscal agent for the proposed grant by the Cherokee-Dry Creek
watershed organization. The purpose of the grant is to formalize
the organization of the watershed group and to provide outreach
to all stakeholders and property owners within the boundaries of
the watershed. The grant must be submitted by August 15, 2000.
The grant further provides for initial water quality monitoring
within the watershed - action requested - APPROVE A LETTER OF
SUPPORT FOR THE PROPOSED GRANT AND AUTHORIZE THE CHAIR TO SIGN.
(1734)
MOTION: I MOVE TO APPROVE A LETTER OF SUPPORT FOR THE PROPOSED GRANT AND
AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-258 Items removed from the Consent Agenda for Board consideration
and action. (NONE)
RECESS: 10:14 A.M.
RECONVENE: 10:38 A.M.
Page 276 August 8, 2000
August 8, 2000
Public Hearings and Timed Items
00-259 Public Hearing - Dale Penne - Rezone - consideration of a rezone
of a 5 +/- acre parcel from TM-5 (Timber Mountain - 5 acre
parcels) to TM-3 (Timber Mountain - 3 acre parcels) and a rezone
of a 1.95 +/- acre parcel from TM-2 (Timber Mountain - 2 acre
parcels) to TM-3 (item on which a negative declaration regarding
environmental impacts has been recommended). The property is
located east of, and adjacent to, Biggers Lane and Greenmore
Court, east of the intersection of Maddril Lane and Biggers Lane
in the community of Butte Meadows, and identified as APN 060-
110-104 and 115 (DB [File # REZ00-Ol]) - action requested -
STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I (A-C) AS DETAILED IN THE STAFF
REPORT DATED AUGUST 8, 2000, ADOPT A NEGATIVE DECLARATION
AND AUTHORIZE THE CHAIR TO SIGN;
2. FIND THAT AN INITIAL STUDY HAS BEEN CONDUCTED AND A
NEGATIVE DECLARATION PREPARED PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT TO EVALUATE THE POTENTIAL OF
THIS PROJECT TO HAVE AN ADVERSE ENVIRONMENTAL IMPACT AND
THAT, WHEN CONSIDERING THE RECORD AS A WHOLE, THERE IS NO
EVIDENCE BEFORE THIS BOARD THAT THE PROJECT WILL HAVE
POTENTIAL FOR AN ADVERSE EFFECT ON WILDLIFE RESOURCES OR
THE HABITAT UPON WHICH THE WILDLIFE DEPENDS, SINCE THE
PROPOSED REZONE FROM TM-5 AND TM-2 TO TM-3 WILL NOT
SIGNIFICANTLY ALTER PERMITTED LAND USES. THEREFORE, A "DE
MINIMUS" IMPACT FINDING, REGARDING FISH AND WILDLIFE AND
THEIR HABITAT, IS HEREBY MADE. THE COLLECTION OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4(D)(3) AND 14
CCR 753.5. IS NOT REQUIRED; AND
3. SUBJECT TO FINDINGS III(1-4) AS DETAILED IN THE STAFF
REPORT DATED AUGUST 8, 2000, ADOPT AN ORDINANCE APPROVING
THE REZONE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 6-27-00
[3.06] ) (2311)
PUBLIC HEARING OPENED: 10:40 A.M.
PUBLIC HEARING CLOSED: 10:40 A.M.
Page 277 August 8, 2000
August 8, 2000
00-259
VOTE
MOTION: SUBJECT TO FINDINGS I (A-C) AS DETAILED IN THE STAFF
REPORT DATED AUGUST 8, 2000, I MOVE TO ADOPT A
NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN;
FIND THAT AN INITIAL STUDY HAS BEEN CONDUCTED AND A
NEGATIVE DECLARATION PREPARED PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT TO EVALUATE THE
POTENTIAL OF THIS PROJECT TO HAVE AN ADVERSE
ENVIRONMENTAL IMPACT AND THAT, WHEN CONSIDERING THE
RECORD AS A WHOLE, THERE IS NO EVIDENCE BEFORE THIS
BOARD THAT THE PROJECT WILL HAVE POTENTIAL FOR AN
ADVERSE EFFECT ON WILDLIFE RESOURCES OR THE HABITAT
UPON WHICH THE WILDLIFE DEPENDS, SINCE THE PROPOSED
REZONE FROM TM-5 AND TM-2 TO TM-3 WILL NOT
SIGNIFICANTLY ALTER PERMITTED LAND USES. THEREFORE,
A "DE MINIMUS" IMPACT FINDING, REGARDING FISH AND
WILDLIFE AND THEIR HABITAT, IS HEREBY MADE, AND THE
COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE
SECTION 711.4(D)(3) AND 14 CCR 753.5. IS NOT
REQUIRED; AND SUBJECT TO FINDINGS III(1-4) AS
DETAILED IN THE STAFF REPORT DATED AUGUST 8, 2000, I
FURTHER MOVE TO ADOPT ORDINANCE 3625 APPROVING THE
REZONE AND AUTHORIZE THE CHAIR TO SIGN.
M S
l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-260 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING
ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.) (2495)
1. Katie Robison addressed the Board to request why the Board
voted to reassign the Designated Area Deputies.
RECESS
RECONVENE
10:54 A.M.
11:01 A.M.
Page 278 August 8, 2000
August 8, 2000
Public Hearing and Timed Items
00-261 Public Hearing - Blaine Roberts - Rezone - consideration of a
rezone (item on which a negative declaration regarding
environmental impacts has been recommended) of two parcels of
1.83 acres each, from C-1 (Light Commercial) to C-2 (General
Commercial). The property is located northeast of, and adjacent
to, Nord Avenue (State Highway 32), approximately 650 feet
southeast of west Eighth Avenue, in the Chico area, and
identified as APN 043-190-010 and Oll (DB [File No. REZ00-02]) -
action requested - STAFF RECOMMENDS THE BOARD TAKE ONE OF THE
FOLLOWING TWO ACTIONS:
1. DENY THE REZONE FOR BLAINE ROBERTS DUE TO THE PROXIMITY OF
THE ADJACENT RESIDENTIAL DEVELOPMENT AND INCOMPATIBLE USES
ALLOWED IN THE C-2 ZONE; OR
2. A. SUBJECT TO FINDINGS I (A-C) AS DETAILED IN THE STAFF
REPORT DATED AUGUST 8, 2000, ADOPT A NEGATIVE
DECLARATION AND AUTHORIZE THE CHAIR TO SIGN;
B. FIND THAT AN INITIAL STUDY HAS BEEN CONDUCTED AND A
NEGATIVE DECLARATION PREPARED PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT TO EVALUATE THE
POTENTIAL OF THIS PROJECT TO HAVE AN ADVERSE
ENVIRONMENTAL IMPACT AND THAT, WHEN CONSIDERING THE
RECORD AS A WHOLE, THERE IS NO EVIDENCE BEFORE THIS
BOARD THAT THE PROJECT WILL HAVE POTENTIAL FOR AN
ADVERSE EFFECT ON WILDLIFE RESOURCES OR THE HABITAT
UPON WHICH THE WILDLIFE DEPENDS, SINCE THE PROPOSED
REZONE FROM C-1 TO C-2 WILL NOT SIGNIFICANTLY ALTER
PERMITTED LAND USES. THEREFORE, A "DE MINIMUS" IMPACT
FINDING, REGARDING FISH AND WILDLIFE AND THEIR
HABITAT, IS HEREBY MADE. THE COLLECTION OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4 (D) (3)
AND 14 CCR 753.5. IS NOT REQUIRED.
C. SUBJECT TO FINDINGS III (A-K) AS DETAILED IN THE
STAFF REPORT DATED AUGUST 8, 2000, ADOPT AN ORDINANCE
(WHICH INCLUDES A CONDITIONAL ZONING AGREEMENT)
APPROVING THE REZONE AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 6-27-00 [3.07] ) (**58)
PUBLIC HEARING OPENED AT 11:04 A.M. AND CONTINUED OPEN TO
SEPTEMBER 12, 2000, AT 1:15 P.M., TO PROVIDE TIME FOR ADDITIONAL
DISCUSSIONS TO TAKE PLACE BETWEEN THE APPLICANT AND THE PROPERTY
OWNERS IN THE AREA.
Page 279 August 8, 2000
August 8, 2000
00-262 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING
ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.) (**570)
1. Kathy Hodges, a neighborhood watch coordinator, and a
member of the South Butte County Task Force, addressed the
Board regarding blight in neighborhoods and requested
funding for housing abatement.
00-263 CLOSED SESSION: the Board recessed at 11:25 a.m. to a closed
session conference with labor negotiator
pursuant to Government Code Section 54957.6:
Agency negotiator: Don Turko; employee
organizations: Butte County Employees
Association (General Unit), and Butte County
Management Employees Association (Management,
Confidential and Supervisory Unit); and a
public employee appointment pursuant to
Government Code Section 54957: Director-
Behavioral Health. (**546)
RECONVENE: the Board reconvened at 1:05 p.m. from a closed
session conference with labor negotiator
pursuant to Government Code Section 54957.6:
Agency negotiator: Don Turko; employee
organizations: Butte County Employees
Association (General Unit), and Butte County
Management Employees Association (Management,
Confidential and Supervisory Unit); and a
public employee appointment pursuant to
Government Code Section 54957: Director-
Behavioral Health. (**698)(NO ANNOUNCEMENTS)
ADJOURNMENT: There being no further business before the
Board, the meeting was adjourned at 1:05 p.m.,
to reconvene at a regular meeting of the Board
on Tuesday, August 22, 2000, at 9:00 a.m.
Jane Dolan, Chair
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Board of Supervisors
By.
Page 280 August 8, 2000