HomeMy WebLinkAboutM091200BOARD OF SUPERVISORS
MINUTES
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th District
September 12, 2000
Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Beeler, Houx, Josiassen, Davis, and Chair
Dolan. Also present: John S. Blacklock, Chief Administrative
Officer; 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 - Pastor Ron Summers, Grace Community Church, Chico.
00-282 BOARD DIRECTION THAT A LETTER OF GRATITUDE AND WELL WISHES BE
SENT TO FIREFIGHTER JOE TAPIA, A FIRE APPARATUS ENGINEER WHO
WAS INJURED IN THE LINE OF DUTY ON SEPTEMBER 11, 2000. (83)
Consent A ecr nda
00-283 1. Approval of Minutes - action requested - APPROVE MINUTES
OF AUGUST 8, 2000.
2. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-485 (FISCAL YEAR 1999-2000 FINAL BUDGET
TRANSFER); B-026 (DEVELOPMENT SERVICES); AND B-025
(JUVENILE HALL). (All budget transfers listed above
require a 4/5 vote.)
3. County Library Donations - in accordance with Government
Code Section 25355, donations of $2,135 from Chico
Friends of the Library, $1000 from Gridley Friends of the
Library, and $500 from Paradise Friends of the Library,
have been received for the Butte County Trust Fund for
the purchase of books - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
Page 302 September 12, 2000
September 12, 2000
00-283 4. Fire Donation - the Butte Creek Canyon Volunteer Fire
Company would like to donate to the County a 1991
Kenworth Chassis (Vin. No. 1XKADB9X7MS559791, License No.
1QSP674) valued at $30,000. The chassis, purchased by
the volunteer fire company, will be used to replace water
Tender 27. At such time as the County wishes to declare
the equipment surplus to the needs of the County,
ownership shall revert to the Butte Creek Canyon
Volunteer Fire Company - action requested - ACCEPT
DONATION AS A FIXED ASSET AND AUTHORIZE A LETTER OF
APPRECIATION.
5. Disabled Access Board of Appeals - action
requested - APPOINT JAY HARRIS, DISABLED MEMBER
REPRESENTATIVE, TO A VACATED TERM TO END
JANUARY 18, 2001.
6. Assessment Appeals Board - action requested - REAPPOINT
RICHARD E. VERMILLION, APPRAISER; AND JOHN B. PAYNE,
HEARING OFFICER, TO TERMS TO END SEPTEMBER 1, 2003.
7. Kimshew Cemetery District - action requested - REAPPOINT
ERIC SMITH. TRUSTEE, TO A TERM TO END JULY 1, 2004.
8. California State Association of Counties - Excess
Insurance Authority - action requested - REAPPOINT STEVE
MUSSELMAN, DELEGATE; AND MIKE PYEATT, ALTERNATE DELEGATE,
TO TERMS TO END SEPTEMBER 2001.
9. Sierra Pacific Industries - Rezone - Report to the
Board - the Planning Commission has recommended approval
of a rezone of multiple parcels from "U" (Unclassified),
TM-1 (Timber Mountain - 1 acre parcels), TM-160 (Timber
Mountain - 160 acre parcels), TM-20 (Timber Mountain - 20
acre parcels), and S-H (Scenic Highway) to TPZ-160
(Timber Preserve Zone - 160 acre parcels). The rezone
includes 28 parcels (totaling approximately 2,271 acres)
located from the Cohasset area south to the Feather Falls
area - action requested - ACCEPT FOR INFORMATION; AND SET
A PUBLIC HEARING FOR THE CONSIDERATION OF THIS MATTER FOR
OCTOBER 10, 2000, AT 10:30 A.M.
10. Surplus Equipment - Mobile Office Trailer - Board
approval is requested by the General Services
Director to declare surplus two 10' x 50' mobile trailer
units (License Nos. 307917 and 307974) located at the
downtown Oroville court facility. The trailers were
acquired by the County in 1972 and are beyond economic
repair - action requested - DECLARE ITEMS SURPLUS TO THE
NEEDS OF THE COUNTY AND AUTHORIZE DISPOSAL IN ACCORDANCE
WITH COUNTY POLICY.
Page 303 September 12, 2000
September 12, 2000
00-283 11. Surplus Equipment - Vehicles - Board approval is
requested by the General Services Director to declare
surplus 31 vehicles which various County operating
departments have determined are either beyond economic
repair, or are no longer needed by the department -
action requested - DECLARE VEHICLES SURPLUS TO THE NEEDS
OF THE COUNTY AND AUTHORIZE DISPOSAL IN ACCORDANCE WITH
COUNTY POLICY.
12. Award of Bid No. 06-01 - water Tender - bids have been
opened for the build-up of a water tender pursuant to
Fire Department specifications, with the low bidder being
Dietz Equipment Sales, Proberta, California, in the
amount of $31,939.05. Funding for the build-up is
available utilizing $5,000 in cost share funds from the
Butte Creek Canyon Volunteer Fire Company, and $26,939.05
from the Community Cost Share Trust Fund - action
requested - AWARD BID TO DIETZ EQUIPMENT SALES; AND
APPROVE BUDGET TRANSFER B-027 (4 /5 vote required)
TRANSFERRING COST SHARE FUNDING TO THE FIRE DEPARTMENT.
Page 304 September 12, 2000
September 12, 2000
00-283 13. A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD
AND A MOTION OF INTENT ADOPTED - Butte County Fiscal Year
2000-2001 Final Budget - action requested:
1. ADOPT RESOLUTION 00-110 APPROVING THE BUTTE COUNTY
FISCAL YEAR 2000-2001 FINAL BUDGET AND AUTHORIZE THE
CHAIR TO SIGN; AND
2. Introduction of a Salary Ordinance Amendment - the
Personnel Department has prepared a salary ordinance
amendment which incorporates changes associated with
the Butte County Final Budget for Fiscal Year 2000-
2001 as follows: District Attorney-Criminal - adds
one position of Deputy District Attorney
IV/III/II/I, one position of Information Systems
Analyst I, and one position of Investigative
Assistant. Sheriff-Coroner - Services - adds one
position of Principal Analyst. Probation - adds one
position of Administrative Analyst III/II/I, seven
positions of Probation Technician, one position of
Accounting Specialist, and one position of
Receptionist. Development Services-Planning - adds
one position of Office Assistant III/II/I.
Behavioral Health-General Services - deletes one
position of Psychiatrist; and adds two positions of
Supervisor-Mental Health Nurse, one position of
Staff Nurse III/II/I, one position of Senior Mental
Health Counselor/Mental Health Counselor/Mental
Health worker, and one position of Office Assistant
III/II/I. Behavioral Health-Substance Abuse
Services - adds two one-half time positions of
Mental Health Clinician II/I, two positions of
Senior Mental Health Counselor/Mental Health
Counselor/Mental Health worker, and one position of
Medical Records Technician II/I. Welfare-
Administration - adds one position of Office
Assistant III/II/I. welfare-Services - adds one
position of Social worker IV. Library - adds one
position of Librarian II, and one position of
Information Systems Technician I - action
requested - WAIVE READING OF THE ORDINANCE.
14. Cash Report - the Auditor-Controller submits a report of
cash accounts (shortages/overages) for the period of
January 1, 2000, through June 30, 2000, in accordance
with Resolution 79-125 and Government Code Section
29380.1 - action requested - ACCEPT FOR INFORMATION.
Page 305 September 12, 2000
September 12, 2000
00-283 15. Butte County Office of Education - Fiscal Year 2000-2001
Tax and Revenue Anticipation Note (TRAM) - the Butte
County Office of Education (BCOE) is requesting Board
approval, pursuant to Government Code Section 53853, to
issue a Tax and Revenue Anticipation Note for fiscal year
2000-2001 to allow various school districts to meet cash
flow needs at low revenue points. This is a direct
obligation of the BCOE, and the County has no fiscal
requirement toward repayment - action requested - ADOPT
RESOLUTION 00-111 AUTHORIZING ISSUANCE OF A FISCAL YEAR
2000-2001 TAX AND REVENUE ANTICIPATION NOTE FOR THE BUTTE
COUNTY OFFICE OF EDUCATION AND AUTHORIZE THE CHAIR TO
SIGN.
16. Reissue Time Expired warrant - Board approval is
requested by the District Attorney-Family Support
Division, on behalf of Wendy Cloyd Lang, to reissue time
expired warrant No. 204226, in the amount of $50, dated
June 4, 1998. The Auditor-Controller has verified the
warrant has not been paid, and a declaration of lost or
destroyed warrant has been received - action requested -
DIRECT THE AUDITOR-CONTROLLER TO REISSUE TIME EXPIRED
WARRANT.
17. Adoption of a Salary Ordinance Amendment - the Personnel
Department has prepared a salary ordinance amendment
which creates the classification of File Clerk-Extra
Help, with a pay rate of $7.25 per hour - action
requested - ADOPT ORDINANCE 3630 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 8-22-00 [3.18])
18. Adoption of an Ordinance - Board approval is requested by
the Agricultural Commissioner for an ordinance which will
impose regulations on incoming shipments of olives, in an
effort to protect the local olive industry from Olive
Fruit Fly infestation. The ordinance will expire on
December 31, 2000, and will be reevaluated for continued
need at that time. The olive industry and the Butte
County Farm Bureau have recommended this ordinance -
action requested - ADOPT ORDINANCE 3631 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 8-22-00 [3.19])
19. Introduction of a Salary Ordinance Amendment - the
welfare Department has requested the Personnel Department
prepare a salary ordinance amendment which flexibly
staffs one position of Office Assistant II/I to one
position of Office Assistant III/II/I to provide the
department with greater staffing choices - action
requested - WAIVE READING OF THE ORDINANCE.
Page 306 September 12, 2000
September 12, 2000
00-283 20. Introduction of a Salary Ordinance Amendment - the
Treasurer-Tax Collector has requested the Personnel
Department prepare a salary ordinance amendment which
deletes one position of Revenue & Reimbursement Officer
II/I, and adds one position of Supervisor-Staff Support
Services, in support of the revised Central Collections
Division staff organization - action requested - WAIVE
READING OF THE ORDINANCE.
21. Introduction of a Salary Ordinance Amendment - the Public
works Department has requested the Personnel Department
prepare a salary ordinance amendment which deletes one
Civil Engineering-Supervisor position, and adds one Civil
Engineering-Associate/Civil Engineering-Assistant
position. The ordinance will correct an error which
occurred when the position was filled at the Civil
Engineering-Associate/Civil Engineering-Assistant level -
action requested - WAIVE READING OF THE ORDINANCE.
22. Introduction of a Salary Ordinance Amendment - the
Probation Department has requested the Personnel
Department prepare a salary ordinance amendment which
adds one position of Probation Officer III/II/I (term to
end 7-30-02). The position will be funded utilizing
Local Law Enforcement Block Grant funds - action
requested - WAIVE READING OF THE ORDINANCE.
23. Butte County Mentally Ill Offender Crime Reduction Grant
(MIOCRG) - Board approval is requested by the Sheriff-
Coroner for a resolution in support of the MIOCRG, a non-
competitive planning grant in the amount of $31,100. The
proposed resolution appoints the Sheriff as the Chair of
the MIOCRG Strategy Committee; provides signature
authority to the Sheriff for the application for funding,
as well as related contracts, amendments, or extensions;
defines the MIOCRG Strategy Committee categories; assures
the County will adhere to the requirements of the Board
of Corrections and all conditions specified in the grant;
certifies all final planning products will be submitted
by March 1, 2001; and certifies the County will invoice
the Board of Corrections for all costs approved in the
grant not later than June 30, 2001 - action requested -
ADOPT RESOLUTION 00-112 AND AUTHORIZE THE CHAIR TO SIGN.
24. Notice of Completion - Construction of Pavement Overlays
in the Paradise Pines Area - County Project No. AC-99-2 -
all contract work has been completed in accordance with
plans and specifications - action requested - ACCEPT
CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF
COMPLETION; AND DIRECT RECORDING OF THE NOTICE OF
COMPLETION.
Page 307 September 12, 2000
September 12, 2000
00-283 25. Deadhorse Slough Storm Drain Facilities
Construction - County Project No. CDBG-97-1 - Acquisition
of Drainage Easement - the design and construction of
this project requires the acquisition of a 20-foot wide
drainage easement from the property owner of 1377
Humboldt Avenue (APN 004-347-032). The fair market value
determined by the Butte County Assessor's Office for this
permanent drainage easement is $2,000 - action
requested - APPROVE AGREEMENT FOR ACQUISITION AND
AUTHORIZE THE CHAIR TO SIGN; AND ACCEPT GRANT DEED AND
AUTHORIZE THE CHAIR TO SIGN CERTIFICATE OF ACCEPTANCE AND
CONSENT.
26. Installation of Bus Shelters - the project provides for
the placement of prefabricated bus shelters at 15 current
Butte County Transit bus stops throughout the County.
Funding for the project is available utilizing
Proposition 116 funds - action requested - APPROVE PLANS
AND SPECIFICATIONS; ADOPT WAGE SCALE; AND AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS.
27. NorthStar Engineering - Amendment No. 5 - Board
approval is requested by the Administrative Office for an
amendment to the agreement with NorthStar Engineering for
the provision of Sewer Feasibility Studies and the
preparation of information to support the County's State
Revolving Fund loan application. The amendment extends
the term of the agreement to July 31, 2001, and
incorporates a revised hourly rate schedule with a total
amount not to exceed $88,790 (CSA 114 budget) - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X10804)
28. Rolls, Anderson & Rolls Engineering -Amendment No. 5 -
Board approval is requested by the Administrative Office
for an amendment to the agreement with Rolls, Anderson &
Rolls for the provision of Sewer Feasibility Studies and
the preparation of information to support the County's
State Revolving Fund loan application. The amendment
extends the term of the agreement to July 31, 2001, and
incorporates a revised hourly rate schedule with a total
amount not to exceed $82,500 (CSA 114 budget) - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X10803)
Page 308 September 12, 2000
September 12, 2000
00-283 29. VenuTech Management Group - Board approval is requested
by the Administrative Office for an agreement with
VenuTech Management Group, for the provision of
consulting services to develop a strategic plan to ensure
the efficient operation of the Southside Oroville
Community Center. The term of the agreement is
September 12, 2000, through February 28, 2001, with a
maximum amount payable of $40,000 (California Endowment
Grant Funds) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
30. Blue Shield of California - Healthy Families Program
(HFP) - Board approval is requested by the Butte County
Department of Behavioral Health (BCDBH) for a Memorandum
of Understanding (MOU) with Blue Shield of California for
participation, as a provider, in the Healthy Families
Program. The HFP has been designed to provide health
insurance benefits to children, and mental health
services are to be included in the benefits provided.
The proposed MOU has been developed for use in all
counties in California and outlines the terms and
conditions of reimbursement by Blue Shield for services
provided by BCDBH - action requested - APPROVE MOU
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. R40244)
31. work Training Center for the Handicapped, Inc. (Do-It-
Leisure) - Amendment - Board approval is requested by the
Butte County Department of Behavioral Health (BCDBH)for
an amendment to the agreement with the work Training
Center for the Handicapped, Inc. (Do-It-Leisure) for the
provision of a half-day rehabilitative program for
clients of BCDBH. The amendment extends the term of
agreement through June 30, 2001, and increases the
maximum amount payable to $137,297 ($55,271 for fiscal
year 1999-2000, and $82,026 for fiscal year 2000-2001
[department budget]) - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11487)
32. work Training Center for the Handicapped, Inc. (Do-It-
Leisure) - Amendment - Board approval is requested by the
Butte County Department of Behavioral Health (BCDBH) for
an amendment to the agreement with the work Training
Center for the Handicapped, Inc. (Do-It-Leisure) for the
provision of a socialization and rehabilitation program
for clients of BCDBH. The amendment extends the term
of agreement through June 30, 2001, and increases the
maximum amount payable to $286,053.93 ($136,679.00 for
fiscal year 1999-2000 and $149,374.93 for fiscal year
2000-2001 [department budget]) - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X11486)
Page 309 September 12, 2000
September 12, 2000
00-283 33. Oroville Hospital - Amendment - Board approval is
requested by the Butte County Department of Behavioral
Health for an amendment to the agreement with Oroville
Hospital for the provision of emergency room services.
The amendment extends the term of the agreement through
June 30, 2001, and increases the maximum amount payable
to $54,000 ($27,000 for fiscal year 1999-2000 and $27,000
for fiscal year 2000-2001 [department budget]) - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X11611)
34. Chico Creek Care and Rehabilitation - Board approval is
requested by the Butte County Department of Behavioral
Health (BCDBH) for an agreement with Chico Creek Care and
Rehabilitation for the provision of two meals per day to
patients in the Psychiatric Health Facility. The term of
the agreement is July 1, 2000, through June 30, 2001,
with a maximum amount payable of $44,616 (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11744)
35. Cotton/Beland Associates - Amendment - Board approval is
requested by the Development Services Department for an
amendment to the agreement with Cotton/Beland Associates
for services in support of the environmental review
process associated with the Chico Urban Area Nitrate
Compliance Plan. The amendment extends the term of
the agreement to June 30, 2001, increases the maximum
amount payable by $16,200 (CSA 114 budget), and adopts a
new rate schedule effective July 1, 2000 - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X11216)
36. Shutt Moen Associates - Amendment - Board approval is
requested by the Development Services Department for an
amendment to the agreement with Shutt Moen Associates for
the preparation of the Comprehensive Land Use Plans
(CLUPs) for the County's four public use airports. The
amendment will extend the term of the agreement through
December 30, 2000, and increases the maximum amount
payable by $5,000 (department budget) - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X11078)
Page 310 September 12, 2000
September 12, 2000
00-283 37. Fouts Springs Youth Facility - Amendment - Board approval
is requested by the Probation Department for an amendment
to the agreement with Fouts Springs Youth Facility for
the completion of Phase II of the Boot Camp Placement
Program for juvenile offenders. The amendment extends the
term of the agreement through June 30, 2001, and
increases the monthly amount payable by $80 per ward,
effective July 1, 2000 (department budget) - action
requested - APPROVE BUDGET TRANSFER B-024 RE-
APPROPRIATING $73,965 IN PRIOR YEAR FUNDING INTO THE
DEPARTMENT'S FISCAL YEAR 2000-2001 BUDGET; AND APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
38. University of California, Davis - Amendment - Board
approval is requested by the welfare Department for an
amendment to the agreement with the University of
California, Davis, for the provision of Eligibility
Services Training. The amendment increases the number of
training days from 17 to 27.5, and increases the maximum
amount payable by $28,348 (department budget) - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X11708)
39. Butte County Fish and Game Commission - Request for
Reinstatement of Butte County's Three Reserve Game
wardens - on August 14, 2000, the Butte County Fish and
Game Commission voted to request the Board send a letter
to the State Department of Fish and Game requesting
reinstatement of the County's three reserve game
wardens - action requested - APPROVE LETTER OF REQUEST
AND AUTHORIZE THE CHAIR TO SIGN.
40. Property Acquisition - the property located at 13898
Highway 99, Chico, has suffered repeated flood damage
since 1995. The Federal Emergency Management Agency
(FEMA) has approved an acquisition grant in the amount of
$152,250. Board approval is requested by the Emergency
Services Officer to purchase the property in the amount
of $132,000. The remaining $20,000 will be utilized by
the County to demolish the existing structure - action
requested - APPROVE THE PROPERTY ACQUISITION AND
AUTHORIZE THE CHAIR TO SIGN THE CERTIFICATE OF
ACCEPTANCE.
Page 311 September 12, 2000
September 12, 2000
00-283 41. Designation of Local Public Entity for Pierce's Disease
and its Vectors - Board approval is requested by the
Agricultural Commissioner, pursuant to Section 6046 (f) of
the California Food and Agriculture Code, to designate
the Butte County Department of Agriculture as the local
public entity for local assistance regarding Pierce's
Disease and its vectors. This designation is a required
component for the completion of the Glassy-winged
Sharpshooter Contract Workplan - action requested -
DESIGNATE THE BUTTE COUNTY DEPARTMENT OF AGRICULTURE AS
THE LOCAL PUBLIC ENTITY IN BUTTE COUNTY FOR LOCAL
ASSISTANCE REGARDING PIERCE'S DISEASE AND ITS VECTORS;
AND DESIGNATE THE AGRICULTURAL COMMISSIONER AS THE COUNTY
COORDINATOR FOR ALL COUNTY ACTIVITIES. (95)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.22 AMENDED TO
INCLUDE THE DESIGNATION OF THE POSITION AS A TERM POSITION TO
END JULY 30, 2002.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
00-284 Appointments - Commissions and Committees. (117)
1. Appointments to committee vacancies. (NONE)
2. California State Association of Counties - action
requested - APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO
TERMS TO END SEPTEMBER 2001.
MOTION: I MOVE TO APPOINT SUPERVISOR JOSIASSEN, DIRECTOR, AND CHAIR
DOLAN, ALTERNATE DIRECTOR, TO TERMS TO END SEPTEMBER 2001.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-285 Update on legislative and budget activities. (174) JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT
THE COUNTY IS STILL WAITING THE GOVERNOR'S ACTION ON SEVERAL
BILLS OF INTEREST TO THE COUNTY, HOWEVER, AB1913 WAS APPROVED.
THIS ASSEMBLY BILL PROVIDES ENHANCED FUNDS FOR THE COPS
PROGRAMS AND NEW FUNDING FOR THE JUVENILE JUSTICE PROGRAM.
00-286 Resolution of Support for the Permanent Conservation of the
Thomasson Ranch - consideration of a resolution of support for
a conservation easement on the Thomasson Ranch property located
north of Chico - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (309)
MOTION: I MOVE TO ADOPT RESOLUTION 00-113 AND AUTHORIZE THE CHAIR TO
SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 312 September 12, 2000
September 12, 2000
00-287 Award of Bid - Deadhorse Slough Storm Drain Facilities
Construction - County Project No. CDBG-97-1 - consideration of
an award of bid (which will be received September 11, 2000) to
the lowest responsible bidder for a construction project
designed to relieve flooding of the properties along Deadhorse
Slough - action requested - AWARD BID TO LOWEST RESPONSIBLE
BIDDER; AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC
WORKS TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER, AND SUBJECT TO
PROJECT APPROVAL BY THE CALIFORNIA DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT AND RESOURCE AGENCY PERMITTING. (390)
THE DIRECTOR OF PUBLIC WORKS SUBMITS BID RESULTS.
MOTION: I MOVE TO AWARD BID TO R&R HORN, INC., IN THE AMOUNT OF
$81,440, AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC
WORKS TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER, AND SUBJECT TO
PROJECT APPROVAL BY THE CALIFORNIA DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT AND RESOURCE AGENCY PERMITTING.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-288 Award of Bid - Palermo Area Drainage Improvements - County
Project No. CDBG-97-2 - consideration of an award of bid (which
will be received September 11, 2000) to the lowest responsible
bidder for a construction project designed to relieve flooding
of the properties along a tributary of the Wyman Ravine -
action requested - AWARD BID TO LOWEST RESPONSIBLE BIDDER;
AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN
CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER, AND SUBJECT TO PROJECT APPROVAL BY
THE CALIFORNIA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND
RESOURCE AGENCY PERMITTING. (440)
THE DIRECTOR OF PUBLIC WORKS SUBMITS BID RESULTS.
MOTION: I MOVE TO AWARD BID TO STIMPEL-WIEBELHAUS ASSOCIATES, IN THE
AMOUNT OF $224, 500, AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF
PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER, AND SUBJECT TO
PROJECT APPROVAL BY THE CALIFORNIA DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT AND RESOURCE AGENCY PERMITTING.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 313 September 12, 2000
September 12, 2000
00-289 waste Service Agreements - Alternatives - in August 1999 the
Board directed the Public works Department to develop waste
service agreements with local waste haulers. Following
discussions with haulers, and input from the public, the Public
works Department has developed three alternatives with optional
conditions for Board consideration - action requested - SELECT
ALTERNATIVE AND DESIRED OPTIONAL CONDITIONS, AND DIRECT THE
DEPARTMENT OF PUBLIC WORKS TO PROCEED WITH NEGOTIATIONS TO
DEVELOP WASTE SERVICE AGREEMENTS BASED ON BOARD DIRECTION.
(505)
MOTION: I MOVE TO DIRECT THE DEPARTMENT OF PUBLIC WORKS TO PROCEED WITH
NEGOTIATIONS TO DEVELOP NON-EXCLUSIVE COMPREHENSIVE WASTE
SERVICE AGREEMENTS INCORPORATING THE MINIMUM AND MAXIMUM RATE
ALTERNATIVE AS DETAILED IN THE STAFF REPORT, COMPREHENSIVE
SERVICE, A CUSTOMER SERVICE BILL OF RIGHTS, AND AN EXEMPTION
FOR SMALL WASTE HAULERS.
M S
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion Carried)
RECESS: 10:22 A.M.
RECONVENED: 10:35 A.M.
Public Hearincrs and Timed Items
00-290 Public Hearing - County Service Area Charges - Melrose Estates
Subdivision - Melrose Avenue, Oroville - Malmar Construction
Inc., the developer of the Melrose Estates Subdivision, has
requested the formation of a County Service Area (CSA) for
street lighting and storm drainage maintenance services for the
new road within the subdivision, as required by Condition 16 of
the tentative subdivision map. The CSA formation is subject to
ballot proceedings and Local Agency Formation Commission
proceedings - action requested - OPEN PROTEST HEARING TO ACCEPT
PUBLIC COMMENT; CLOSE HEARING; REQUEST BALLOT RESULTS FROM
CLERK OF THE BOARD; ACCEPT ALL INFORMATION, NOTING THAT THE
PROCEDURE WILL BE FINALIZED AFTER THE LOCAL AGENCY FORMATION
COMMISSION HAS MADE RECOMMENDATIONS TO THE BOARD CONCERNING THE
FORMATION OF THE COUNTY SERVICE AREA. (FROM 6-27-00 [3.05])
(2645)
PUBLIC HEARING OPENED: 10:35 A.M.
PUBLIC HEARING CLOSED: 10:35 A.M.
BALLOT RESULTS RECEIVED:
TOTAL BALLOTS: 1 IN FAVOR: 1 OPPOSED: 0
FINAL ACTION ON THIS ITEM WILL PROCEED FOLLOWING THE LOCAL
AGENCY FORMATION COMMISSION'S ACTION REGARDING THE FORMATION OF
THE PROPOSED COUNTY SERVICE AREA.
Page 314 September 12, 2000
September 12, 2000
00-291 Public Hearing - Annual County Service Area (CSA) Charges -
consideration of the adoption of the per parcel service charges
for various CSAs for fiscal year 2000-2001 - action requested -
OPEN PUBLIC HEARING TO ACCEPT ALL OBJECTIONS OR PROTESTS; CLOSE
HEARING; AND ADOPT A RESOLUTION CONFIRMING THE COUNTY SERVICE
AREA PER PARCEL SERVICE CHARGES IN THE COUNTY OF BUTTE FOR
FISCAL YEAR 2000-2001. (FROM 8-22-00 [3.02]) (2735)
PUBLIC HEARING OPENED: 10:38 A.M.
PUBLIC HEARING CLOSED: 10:38 A.M.
NO PROTESTS RECEIVED.
MOTION: I MOVE TO ADOPT RESOLUTION 00-114 CONFIRMING THE COUNTY SERVICE
AREA PER PARCEL SERVICE CHARGES IN THE COUNTY OF BUTTE FOR
FISCAL YEAR 2000-2001 AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:40 A.M.
RECONVENE: 10:47 A.M.
Page 315 September 12, 2000
September 12, 2000
Public Hearincrs and Timed Items
00-292 Public Hearing - Stephen J. Schuster - Consideration of a Late
Appeal and an Appeal of Conditions of Approval of a Tentative
Subdivision Map to create 22 parcels and a 41.49 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 homeowners'
association. The property is zoned R-1 (Residential) and
located northeast of, and adjacent to, Oroville-Chico Highway,
approximately 1,500 feet southeast 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 - STAFF RECOMMENDS THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE STAFF
REPORT DATED SEPTEMBER 12, 2000, AND PURSUANT TO BUTTE
COUNTY CODE SECTION 20-66(d) APPROVE THE LATE APPEAL
REQUEST SUBMITTED BY STEPHEN J. SCHUSTER FOR TENTATIVE
SUBDIVISION MAP 99-O1; AND
2. APPROVE APPEAL O1-04 SUBMITTED BY STEPHEN J. SCHUSTER TO
MODIFY CONDITIONS 34 AND 35 OF TENTATIVE SUBDIVISION MAP
99-O1, TO INCLUDE THE ADDITIONAL LANGUAGE AS DETAILED IN
EXHIBIT "A" OF THE STAFF REPORT DATED SEPTEMBER 12, 2000.
(3000) (00**)
PUBLIC HEARING OPENED: 10:50 A.M.
PUBLIC HEARING CLOSED: 11:03 A.M.
MOTION: SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE STAFF REPORT
DATED SEPTEMBER 12, 2000, AND PURSUANT TO BUTTE COUNTY CODE
SECTION 20-66(d) I MOVE TO APPROVE THE LATE APPEAL REQUEST
SUBMITTED BY STEPHEN J. SCHUSTER FOR TENTATIVE SUBDIVISION MAP
99-O1; AND FURTHER MOVE TO APPROVE APPEAL O1-04 SUBMITTED BY
STEPHEN J. SCHUSTER TO MODIFY CONDITIONS 34 AND 35 OF TENTATIVE
SUBDIVISION MAP 99-O1, TO INCLUDE THE ADDITIONAL CONDITIONS AS
DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED
SEPTEMBER 12, 2000.
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
RECESS: 11:06 A.M.
RECONVENE: 11:18 A.M.
Page 316 September 12, 2000
September 12, 2000
Public Hearincrs and Timed Item
00-293 Continued Timed Item - Consideration of an Appeal - the Service
Employees International Union filed a recognition petition and
request for modification to the existing General Unit and
Management Unit, and for the formation of a new bargaining unit
for court employees. The Employee Relations Officer denied the
petition, and the Service Employees International Union filed
an appeal of that determination pursuant to Personnel Rule
10.9 - action requested - RECONVENE HEARING AND MAKE
DETERMINATION. (FROM 7-11-00 [5.04]) (**450)
HEARING RECONVENED: 11:24 A.M.
MOTION: I MOVE TO CONTINUE THIS MATTER OPEN TO OCTOBER 10, 2000, AT
10:45 A.M.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-294 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.) (**1360)
1. BILL WILSON INFORMED THE BOARD THAT HE BELIEVES THE WORK
DONE ON THE AGRICULTURAL ELEMENT IS NOT IN COMPLIANCE
WITH THE LAW. HE ALSO STATED THAT HE HAS BEEN DENIED
ACCESS TO PUBLIC RECORDS REGARDING THE 1993 AGRICULTURAL
ELEMENT WORK.
2. B.C. JONES BELIEVES THAT MR. WILSON IS QUESTIONING THE
LEGAL NOTICE REGARDING WORKING GROUP SUBCOMMITTEE
MEETINGS ON THE AGRICULTURAL ELEMENT.
00-295 CLOSED SESSION: THE BOARD RECESSED AT 12:04 P.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING INITIATION OF LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(c) ONE
POTENTIAL CASE; AND PUBLIC EMPLOYEE
APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957: DIRECTOR-BEHAVIORAL HEALTH.
(**1951)
RECONVENED: THE BOARD RECONVENED AT 1:23 P.M. FROM A
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING INITIATION OF LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(c) ONE
POTENTIAL CASE; AND PUBLIC EMPLOYEE
APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957: DIRECTOR-BEHAVIORAL HEALTH.
(**2035)(NO ANNOUNCEMENTS)
Page 317 September 12, 2000
September 12, 2000
Public Hearincr and Timed Items
00-296 Continued 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 FOLLOWING
ACTIONS:
1. SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE STAFF
REPORT DATED SEPTEMBER 12, 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 C-1 TO C-2 WILL NOT SIGNIFICANTLY
ALTER PERMITTED LAND USES AND THE PROJECT SITE HAS
PREVIOUSLY BEEN SIGNIFICANTLY CHANGED FROM ITS NATURAL
CONDITION BY THE FOUR DWELLING UNITS ON THE SITE, AND BY
PAST INTENSIVE AGRICULTURAL OPERATIONS ON THE SITE.
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 (A-K) AS DETAILED IN THE STAFF
REPORT DATED SEPTEMBER 12, 2000, APPROVE REZONE 00-02 FOR
BLAINE ROBERTS AND ADOPT AN ORDINANCE REZONING THE
PROPERTY IDENTIFIED AS APN 043-190-010 AND 043-190-O11
FROM C-1 TO C-2, SUBJECT TO THE CONDITIONAL ZONING
AGREEMENT IDENTIFIED AS ATTACHMENT "A" OF THE STAFF
REPORT DATED SEPTEMBER 12, 2000, AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 8-8-00 [5.02])
Page 318 September 12, 2000
September 12, 2000
00-296 PUBLIC HEARING OPENED: 1:26 P.M.
PUBLIC HEARING CLOSED: 1:26 P.M.
MOTION: SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE STAFF REPORT
DATED SEPTEMBER 12, 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 THE 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 AND THE PROJECT SITE
HAS PREVIOUSLY BEEN SIGNIFICANTLY CHANGED FROM ITS NATURAL
CONDITION BY THE FOUR DWELLING UNITS ON THE SITE, AND BY PAST
INTENSIVE AGRICULTURAL OPERATIONS ON THE SITE. 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 (A-K) AS
DETAILED IN THE STAFF REPORT DATED SEPTEMBER 12, 2000, FURTHER
MOVE TO APPROVE REZONE 00-02 FOR BLAINE ROBERTS AND ADOPT
ORDINANCE 3632 REZONING THE PROPERTY IDENTIFIED AS APN 043-190-
010 AND 043-190-O11 FROM C-1 TO C-2, SUBJECT TO THE CONDITIONAL
ZONING AGREEMENT IDENTIFIED AS ATTACHMENT "A" OF THE STAFF
REPORT DATED SEPTEMBER 12, 2000, AS AMENDED TO INCLUDE THE
FOLLWING TO PARAGRAPH 1(A), "THE USES PERMITTED WITHIN THE C-2
ZONE SHALL NOT INCLUDE THE FOLLOWING USES DESCRIBED UNDER BUTTE
COUNTY CODE SECTION 24-145(a)(2) BARS AND COCKTAIL LOUNGES,
BILLARD PARLORS AND POOL HALLS, DANCE HALLS, MASSAGE PARLORS,
HOTELS AND MOTELS, AUTO CARWASHES AND RESTAURANTS WITH DRIVE-
THROUGH FACILITIES." AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 1:27 P.M.
RECONVENE: 1:30 P.M.
Page 319 September 12, 2000
September 12, 2000
00-297 Public Hearing - Paul Vandegrift - Rezone - consideration of a
rezone of an 8.37 acre site within an 80 acre parcel (item on
which a negative declaration regarding environmental impacts
has been recommended) from TPZ-160 wP (Timber Preserve Zone -
160 acre parcels - watershed Protection Overlay) to TM-160 WP
(Timber Mountain - 160 acre parcels - watershed Protection
Overlay). A Conditional Zoning Agreement is also proposed.
The property is located approximately six miles north of the
Town of Paradise, at 15428 Skyway, Magalia, at the terminus of
Meadowbrook Ranch Road, which intersects the Skyway 1000 feet
south of De Sabla Reservoir (DB [Rez 99-O1]) - action
requested - STAFF RECOMMENDS THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF
REPORT DATED SEPTEMBER 12, 2000, ADOPT A MITIGATED
NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN;
2. FIND THAT THE PROPOSED PROJECT IMPROVEMENTS WILL NOT
CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR
THEIR HABITAT, AND APPROVE A "DE MINIMUS" EXEMPTION TO
THE COLLECTION OF FISH AND GAME FEES, SINCE THE REZONE TO
TM-160 WP WILL NOT SIGNIFICANTLY ALTER PERMITTED LAND
USES AND THE PROPOSED USE PERMIT, EFFECTUATED BY THIS
REZONE, WILL UTILIZE EXISTING IMPROVEMENTS, AND HAS ALSO
BEEN PREVIOUSLY DETERMINED TO HAVE A "DE MINIMUS" IMPACT
TO FISH AND/OR WILDLIFE AND THEIR HABITAT; AND
3. SUBJECT TO FINDINGS III (A-G) AS DETAILED IN THE STAFF
REPORT DATED SEPTEMBER 12, 2000, AND THE CONDITIONAL
ZONING AGREEMENT INCLUDED AS ATTACHMENT "A" TO THE
ORDINANCE CONTAINED IN THE STAFF REPORT DATED
SEPTEMBER 12, 2000, ADOPT AN ORDINANCE APPROVING THE
REZONE, INCLUDING A CONDITIONAL ZONING AGREEMENT, AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 7-25-00 [3.07])
(**2268) (***00)
PUBLIC HEARING OPENED AT 1:44 P.M. AND CONTINUED OPEN TO
OCTOBER 24, 2000, AT 1:30 P.M.
00-298 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.) (**973)
1. NICHOLAS MONTE ADDRESSED THE BOARD TO VOICE OBJECTION TO
THE COMPOSITION OF THE AGRICULTURAL ELEMENT WORKING
GROUP.
2. BILL WILSON CONTINUED TO EXPRESS HIS OBJECTION TO THE
COMPOSITION OF THE AGRICULTURAL ELEMENT WORKING GROUP.
Page 320 September 12, 2000
September 12, 2000
Communications
00-299 Communications received and referred. (A LISTING AND COPIES OF
COMMUNICATIONS RECEIVED BY THE BOARD IN ADDITION TO THOSE
LISTED BELOW ARE AVAILABLE IN THE CLERK OF THE BOARD' S OFFICE . )
1. Gunther L. Sturm, P.E., Valley District Engineer,
Drinking Water Field Operations Branch, Department of
Health Services, writes to submit the "Local Primacy
Agency Annual Evaluation Report" for Butte County for the
period of July 1, 1999, through June 30, 2000, pursuant
to Health and Safety Code Section 116330(d) (REFERRED TO
ENVIRONMENTAL HEALTH [8-25-00])
ADJOURNMENT: there being no further business before the
Board, the meeting was adjourned at 2:44 p.m.,
to reconvene at a regular meeting of the Board
on Tuesday, September 26, 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 321 September 12, 2000