HomeMy WebLinkAboutM101000BOARD 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
October 10, 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 - Melvin Pearson, Deacon, Grace Community Church,
Chico.
Consent Acrenda
00-316 1. Approval of Minutes - action requested - APPROVE MINUTES
OF SEPTEMBER 12, 2000, AND SEPTEMBER 26, 2000.
2. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-052 (BOARD OF SUPERVISORS/COMMUNICATIONS);
AND B-053 (BEHAVIORAL HEALTH).
3. Chico Memorial Hall Committee - action requested -APPOINT
GLEN W. MCCORD, AMERICAN LEGION DELEGATE, TO A VACATED
TERM TO END JUNE 30, 2001.
Page 341 October 10, 2000
October 10, 2000
00-316 4. Jones Family Trust - Property Use Agreement - Board
approval is requested by the General Services Director
for an agreement with the Jones Family Trust for the
continued use of a portion of County property (the south
end of the proposed parking lot for the Southside
Oroville Community Center). An encroachment occurred
prior to the County's acquisition of the property that
provides a paved driveway and wheelchair ramp for a Jones
family member. Under the terms of the current agreement,
the Jones family will be permitted continued use of the
wheelchair access on the County's property. The term of
the agreement is one year, and will be automatically
renewed in one year increments until such time as the
wheelchair access is no longer needed, or the Jones
family no longer owns the property - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
5. Bambi Bucket - Board approval is requested by the Fire
Department for the purchase of a 108-gallon water
dropping apparatus (Bambi Bucket) from the City of Chico
in the amount of $4,129 (Appropriation for Contingency).
The bucket will be used in conjunction with the Butte
County Sheriff's Office helicopter to respond to local
fires. The County will enter into a service agreement
with the City of Chico for use of the bucket and
helicopter when available. The City of Chico will be
billed the standard rate for this service as used by the
California Department of Forestry and Fire Protection -
action requested - APPROVE BUDGET TRANSFER B-051 (4 /5
vote required) FROM THE APPROPRIATION FOR CONTINGENCY
FUND; AND APPROVE PURCHASE OF A FIXED ASSET ITEM.
6. Butte County Courthouse Addition - Rotunda Flooring -
Board approval is requested by the General Services
Director to replace the damaged the in the east and west
alcove of the building's rotunda area with carpet. The
replacement is being recommended as a solution to the
moisture level problem in the concrete, which has
required repeated replacement of the in these areas -
action requested - APPROVE CARPET REPLACEMENT ALTERNATIVE
AND AUTHORIZE THE CHAIR TO SIGN WARRANTY REPLACEMENT
AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL.
7. Victim/witness Program - Board approval is requested by
the Probation Department to accept and appropriate
$18,089 in unanticipated revenue received from the Office
of Criminal Justice Planning Victim/Witness grant
program - action requested - APPROVE BUDGET TRANSFER
B-054 (4 /5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED GRANT REVENUE.
Page 342 October 10, 2000
October 10, 2000
00-316 8. Office of Criminal Justice Planning - Statutory Rape
Vertical Prosecution Program - Board approval is
requested by the District Attorney to accept $150,000 in
grant revenue received from the Office of Criminal
Justice Planning for the Statutory Rape Vertical
Prosecution Program for the grant period of July 1, 2000,
through June 30, 2001 - action requested - ACCEPT GRANT
REVENUE.
9. Adoption of a Salary Ordinance Amendment - the Public
Health Department has requested the Personnel Department
prepare a salary ordinance amendment which will correct
Ordinance 3629, adopted August 22, 2000. The original
ordinance flexibly staffed 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. The proposed ordinance will clarify and correct
the number of allocations and positions as follows:
reclassifies four positions of Staff Nurse II/I or
Licensed Vocational Nurse, and two positions of Staff
Nurse II/I, to six positions of Staff Nurse III/II/I or
Licensed Vocational Nurse - action requested - ADOPT
ORDINANCE 3639 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
9-26-00 [3.18])
10. Adoption of a Salary Ordinance Amendment - the Probation
Department has requested the Personnel Department prepare
a salary ordinance amendment which will flexibly staff
the following Board of Control grant positions to allow
the department greater staffing choices: one position of
Auditor-Accountant I to one position of Auditor-
Accountant II/I or Accounting Specialist, one half-time
position of Auditor-Accountant I to one half-time
position of Auditor-Accountant II/I or Accounting
Specialist, and one position of Legal Secretary I to one
position of Legal Secretary I/Legal Typist Clerk/Office
Assistant III - action requested - ADOPT ORDINANCE 3640
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-26-00 [3.19])
11. Introduction of a Salary Ordinance Amendment - the
Sheriff's Office has requested the Personnel Department
prepare a salary ordinance amendment which adds two term
positions of Correctional Officer (terms to end 6-30-O1)
to the Jail Division. The positions are being requested
to offset two current vacant positions which are being
held open pending resolution of litigation - action
requested - WAIVE READING OF THE ORDINANCE.
Page 343 October 10, 2000
October 10, 2000
00-316 12. Introduction of a Salary Ordinance Amendment - County
Counsel has requested the Personnel Department prepare a
salary ordinance amendment which would flexibly staff one
position of Deputy County Counsel IV to one position of
Deputy County Counsel IV/III/II/I. Flexibly staffing the
position will provide the department with greater
staffing choices - action requested - WAIVE READING OF
THE ORDINANCE.
13. Introduction of a Salary Ordinance Amendment - the
Administrative Office has requested the Personnel
Department prepare a salary ordinance amendment which
establishes the salary of the new Director of Behavioral
Health (annual salary rate of $93,367) - action
requested - WAIVE READING OF THE ORDINANCE.
14. Resolution in Recognition of Farm City Celebration -
Board approval is requested by the Agricultural
Commissioner for a resolution recognizing the Farm City
Celebration, October 26, 2000, to November 18, 2000 -
action requested - ADOPT RESOLUTION 00-127 AND AUTHORIZE
THE CHAIR TO SIGN.
15. Resolution Supporting Beale Air Force Base "Global Hawk"
Program - Board approval is requested by the Yuba-Sutter
Economic Development Corporation for a resolution of
support for Beale Air Force Base to become the home of
the new Global Hawk aircraft, an unmanned reconnaissance
aircraft - action requested - ADOPT RESOLUTION 00-128 AND
AUTHORIZE THE CHAIR TO SIGN.
16. Award of Bid - Installation of Bus Shelters - the project
consists of the placing of concrete pads to support
prefabricated bus shelters, and the securing of the
shelters to the pads - action requested - AWARD BID TO
BLAISDELL CONSTRUCTION, INC., OF REDDING, IN THE AMOUNT
OF $77,000, AND AUTHORIZE THE CHAIR TO SIGN CONSTRUCTION
AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
17. Summary Abandonment of Surplus Right-of-Way - Edgewood
Drive - Board approval is requested by the Public works
Department for a resolution of summary abandonment of an
unused right-of-way on Edgewood Drive. The surplus
right-of-way is the result of a road realignment project.
The utility companies have no objections to the
abandonment, but have requested a reservation for power
lines crossing the right-of-way. The Public works
Department is recommending the abandonment, reserving a
public service easement - action requested - ADOPT
RESOLUTION 00-129 APPROVING THE SUMMARY ABANDONMENT AND
AUTHORIZE THE CHAIR TO SIGN; AND DIRECT RECORDING OF THE
RESOLUTION.
Page 344 October 10, 2000
October 10, 2000
00-316 18. Summary Abandonment of Surplus Right-of-way and Sale of
Surplus Property - Larkspur Avenue - Board approval is
requested by the Pubic works Department for a resolution
of summary abandonment of an unused right-of-way on
Larkspur Avenue. The Public works Department has
determined that public use of the right-of-way is not
necessary, and abandonment and sale of the property to
the adjoining property owner can proceed - action
requested - ADOPT RESOLUTION 00-130 APPROVING THE SUMMARY
ABANDONMENT AND AUTHORIZE THE CHAIR TO SIGN; DIRECT
RECORDING OF THE RESOLUTION; AND APPROVE AGREEMENT OF
SALE AND QUIT CLAIM DEEDS AND AUTHORIZE THE CHAIR TO
SIGN.
19. California Department of Food and Agriculture -
Amendment - Board approval is requested by the
Agricultural Commissioner for an amendment to the revenue
agreement with the California Department of Food and
Agriculture for the provision of pest trapping services.
The amendment provides for the inclusion of an equipment
clause to address vehicles used in support of the
agreement. All other terms and conditions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40088)
20. Mark Lundberg, M.D. - Amendment - Board approval is
requested by the Chief Administrative Officer for an
amendment to the employment agreement with Mark Lundberg,
M.D., for the position of County Health Officer. The
amendment provides for Dr. Lundberg's compensation to be
adjusted annually in the same manner as elected
department heads (970 of the mean salary for the
benchmark counties, determined annually) - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN.
21. Northern Valley Catholic Social Service - Board approval
is requested by the Butte County Department of Behavioral
Health for a revenue agreement with Northern Valley
Catholic Social Service for the department's
participation in the Community Alternatives to Violence-
Family Preservation and Support Program. The term of the
agreement is October 1, 1999, through September 30, 2002,
with a maximum amount payable to the County of $113,580
($37,860 per fiscal year) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 345 October 10, 2000
October 10, 2000
00-316 22. willow Glen Care Center - Amendment - Board approval is
requested by the Butte County Department of Behavioral
Health for an amendment to the agreement with willow Glen
Care Center for the provision of residential care
services. The amendment extends the term of the agreement
through fiscal year 2000-2001, and increases the maximum
amount payable by $109,120 (department budget) - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
23. QRP Partners - Board approval is requested by the Butte
County Department of Behavioral Health for a lease
agreement with QRP Partners for the facility located at
5910 Clark Road, Suites H and I, Paradise. The facility
will be utilized by the Youth Services Day Treatment
staff. The term of the agreement is November 1, 2000,
through October 31, 2005, with a maximum amount payable
of $120,803.04 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
24. North Valley Schools, Inc. - Amendment - Board approval
is requested by the Butte County Department of Behavioral
Health for an amendment to the agreement with North
Valley Schools, Inc., for the provision of day
rehabilitation, counseling, case management, and
medication services for referred adults. The amendment
extends the term of the agreement through fiscal year
2000-2001, and increases the maximum amount payable by
$524,991 (department budget) - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
25. Fresh and Clean Janitorial - Board approval is requested
by the General Services Director for an agreement with
Fresh and Clean Janitorial for the provision of
janitorial services to County leased buildings. The
term of the agreement is October 1, 2000, through
September 30, 2002, with a maximum amount payable of
$2,870 per month (Facilities Services budget). The
agreement is a result of the competitive bid process -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
Page 346 October 10, 2000
October 10, 2000
00-316 26. California Family Health Council, Inc. - Amendment -
Board approval is requested by the Public Health
Department for an amendment to the revenue agreement with
the California Family Health Council, Inc., for funding
to provide family planning services. The amendment
provides additional funding in the amount of $27,000,
which is to be used for infrastructure improvements and
staff training. Board approval is also requested to
utilize these funds to purchase two computer file servers
in the amount of $4,700 each, computer memory, disk
drives, client and server licenses, computer
workstations, filing units, and staff training - action
requested - APPROVE BUDGET TRANSFER B-055 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE; APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER; AND APPROVE PURCHASE OF FIXED
ASSET ITEMS.
27. California Department of Health Services - Amendment -
Board approval is requested by the Public Health
Department for an amendment to the revenue agreement with
the California Department of Health Services for funds to
support immunization services. The amendment increases
the amount payable to the County by $2,400 to fund
quality assurance review visits to Vaccines For Children
(VFC) sites - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
28. waste Recovery west, Inc. - Board approval is requested
by the Public works Department for an agreement with
waste Recovery west, Inc., for the transportation and
disposal of waste tires collected at the Butte County
Tire Amnesty Event to be held November 12, 2000, at the
Neal Road Landfill. The agreement has a maximum amount
payable of $34,000 (department budget/grant funds) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
29. Butte County Department of Public Health/Butte County
Department of Social welfare - Memorandum of
Understanding - Board approval is requested by the
welfare Department for a Memorandum of Understanding
(MOU) with the Public Health Department for the provision
of Public Health Nurse case management services in
support of the Alternative Response Team. The term of the
MOU is October 1, 2000, through June 30, 2002, with a
maximum amount payable of $140,000 ($70,000 per fiscal
year [department budget]) - action requested - APPROVE
MOU AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
AUTHORIZE THE QUARTERLY TRANSFER OF FUNDS FROM THE
WELFARE DEPARTMENT TO THE PUBLIC HEALTH DEPARTMENT.
Page 347 October 10, 2000
October 10, 2000
00-316 30. waiver of Fees - Concow Fire Victims - Board approval is
requested by the Development Services Department to waive
all fees associated with reconstruction activities for
damages sustained in the Concow area fire. Board approval
is also requested for the development of a procedure
which would allow the Chief Administrative Officer to
approve a waiver of various filing fees in certain
similar situations to avoid delays in reconstruction
projects - action requested - PURSUANT TO BUTTE COUNTY
CODE SECTION 3-40.5, FIND THE WAIVER OF FEES IS IN THE
PUBLIC INTEREST, AND WAIVE ALL FEES FOR RECONSTRUCTION
ACTIVITIES RELATED TO DAMAGES FROM THE CONCOW FIRE; AND
DIRECT STAFF TO DEVELOP A PROCEDURE WHEREBY THE CHIEF
ADMINISTRATIVE OFFICER CAN APPROVE THE WAIVER OF VARIOUS
FILING FEES IN CERTAIN SITUATIONS.
31. Interim Director of Personnel - Board approval is
requested by the Chief Administrative Officer to appoint
Jeanne Gravette, current Assistant Director of Personnel,
as Interim Director of Personnel, for the term of
October 30, 2000, through February 28, 2001, at the
biweekly pay rate of $3,100.15 ($80,604 annually) -
action requested - APPOINT JEANNE GRAVETTE INTERIM
DIRECTOR OF PERSONNEL.
32. Report to the Board - Skyway Safety Improvements - the
Director of Public works submits a status report on the
Skyway safety improvements between Paradise and Chico -
action requested - ACCEPT FOR INFORMATION. (175)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular A ecr nda
00-317 Appointments - Commissions and Committees. (187)
1. Appointments to committee vacancies. (NONE)
00-318 Update on legislative and budget activities. (194) JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMED THE BOARD
THAT THE GOVERNOR HAS VETOED ASSEMBLY BILL 2518, A BILL WHICH
WOULD HAVE CONTINUED FUNDING THE DRUG ENDANGERED CHILDREN
PROGRAM, AND FURTHER INFORMED THE BOARD THAT THE ADMINISTRATIVE
OFFICE, THE DISTRICT ATTORNEY, AND THE WELFARE DEPARTMENT WILL
WORK TO FIND A WAY TO CONTINUE FUNDING THIS PROGRAM IN OUR
COUNTY.
Page 348 October 10, 2000
October 10, 2000
00-319 Report to the Board - Review of an Existence of a Local
Emergency - Concow Area Fire - review of the existence of a
local emergency - action requested:
1. CONFIRM NEED FOR A CONTINUED PROCLAMATION OF EXISTENCE OF
A LOCAL EMERGENCY; OR
2. ADOPT A RESOLUTION OF TERMINATION OF A LOCAL EMERGENCY
AND AUTHORIZE THE CHAIR TO SIGN. (494)
MICHAEL MADDEN, EMERGENCY SERVICES DIRECTOR, PROVIDES AN UPDATE
ON THE STATUS OF THE LOCAL EMERGENCY.
MOTION: I MOVE TO ADOPT RESOLUTION 00-131 TERMINATING THE EXISTENCE OF
A LOCAL EMERGENCY AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-320 Resolution of Appreciation to Firefighters and Citizens -
consideration of a resolution of appreciation to the
firefighters and citizens who assisted in the recent Concow
fire - action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN; AND APPROVE LETTERS OF APPRECIATION FROM THE
BOARD TO THE FIREFIGHTERS WHO WERE INJURED DURING THE COURSE OF
THE FIRE. (671)
MOTION: I MOVE TO ADOPT RESOLUTION 00-132 AND AUTHORIZE THE CHAIR TO
SIGN; AND APPROVE LETTERS OF APPRECIATION FROM THE BOARD TO THE
FIREFIGHTERS WHO WERE INJURED DURING THE COURSE OF THE FIRE AND
AUTHORIZE THE CHAIR TO SIGN.
S S M S S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-321 Report to the Board - Feather River Project, Lake Oroville
Area - Relicensing - presentation to the Board by staff from
the California Department of water Resources regarding current
compliance issues, and relicensing activities for future
recreational development of the Feather River Project, Lake
Oroville Area - action requested - ACCEPT FOR INFORMATION.
(912)
PRESENTATION TO THE BOARD BY WARD TABOR, RICK RAMIREZ, AND DALE
HOFFMAN-FLOERKE, CALIFORNIA DEPARTMENT OF WATER RESOURCES; AND
STEVE NACHTMAN, EDAW CONSULTANT.
RECESS: 10:08 A.M.
RECONVENE: 10:21 A.M.
Page 349 October 10, 2000
October 10, 2000
00-322 Board Meeting Calendar:
1. Joint Meeting with the Airport Land Use Commission, the
City of Oroville, the City of Chico, the Town of
Paradise, and the County of Butte - consideration of a
request by the Airport Land Use Commission to attend a
joint meeting to discuss the final draft Comprehensive
Land Use Plan - action requested - SET A SPECIAL JOINT
MEETING OF THE BOARD FOR THURSDAY, OCTOBER 19, 2000, AT
6:00 P.M. THE MEETING IS TO BE HELD AT THE CHICO AREA
RECREATION AND PARK DISTRICT COMMUNITY RECREATION CENTER,
GENERAL PURPOSE ROOM, 545 VALLOMBROSA AVENUE, CHICO.
(2140)
MOTION: I MOVE TO SET A SPECIAL JOINT MEETING OF THE BOARD FOR
THURSDAY, OCTOBER 19, 2000, AT 6:00 P.M. THE MEETING IS TO BE
HELD AT THE CHICO AREA RECREATION AND PARK DISTRICT COMMUNITY
RECREATION CENTER, GENERAL PURPOSE ROOM, 545 VALLOMBROSA
AVENUE, CHICO.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. November and December Board Meeting Dates - action
requested - CANCEL BOARD MEETING OF NOVEMBER 28, 2000,
AND RESCHEDULE THE DECEMBER 2000 MEETING DATES TO
DECEMBER 5 AND 19. (FROM 9-26-00 [DISCUSSION])
MOTION: I MOVE TO CANCEL THE BOARD MEETING OF NOVEMBER 28, 2000, AND
RESCHEDULE THE DECEMBER 2000 MEETING DATES TO DECEMBER 5
AND DECEMBER 19.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:26 A.M.
RECONVENE: 10:33 A.M.
Page 350 October 10, 2000
October 10, 2000
Public Hearincrs and Timed Items
00-323 Public Hearing - Butte County Code Chapter 33, Groundwater
Conservation - consideration of an amendment to Butte County
Code Chapter 33, Section 33.3-Groundwater Planning Process.
The proposed ordinance would extend the date for submission of
the annual report regarding the status of the groundwater
resources within the Butte Basin from January 15 of each year,
to February 21 of each year. The reports are designed to guide
groundwater planning within the County - action requested -
ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (2398)
PUBLIC HEARING OPENED: 10:35 A.M.
PUBLIC HEARING CLOSED: 10:35 A.M.
MOTION: I MOVE TO ADOPT ORDINANCE 3641 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-324 Public Hearing - Sierra Pacific Industries/Sierra Pacific
Holding Company - Rezone - consideration of a rezone of
multiple parcels (item determined to be a statutory exemption
from environmental review) 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 Stirling City area
south to the Feather Falls area - action requested - STAFF
RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. FIND THAT THE REZONE TO TPZ-160 IS STATUTORILY EXEMPT
FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) UNDER SECTION 15264. SECTION 15264
STATES THAT LOCAL AGENCIES ARE EXEMPT FROM THE
REQUIREMENT OF PREPARING AN ENVIRONMENTAL IMPACT REPORT
OR NEGATIVE DECLARATION ON THE ADOPTION OF TIMBERLAND
PRESERVE ZONES UNDER GOVERNMENT CODE SECTION 51100 ET
SEQ.; AND
2. SUBJECT TO FINDINGS II (A-D) AS DETAILED IN THE STAFF
REPORT DATED OCTOBER 10, 2000, ADOPT AN ORDINANCE
APPROVING REZONE 00-03 FOR SIERRA PACIFIC
INDUSTRIES/SIERRA PACIFIC HOLDING COMPANY, FOR THE
ASSESSOR PARCEL NUMBERS DETAILED IN THE STAFF REPORT
DATED OCTOBER 10, 2000, AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 9-12-00 [3.09] ) (2528)
Page 351 October 10, 2000
October 10, 2000
00-324 PUBLIC HEARING OPENED: 10:37 A.M.
PUBLIC HEARING CLOSED: 10:37 A.M.
MOTION: I MOVE TO FIND THAT THE REZONE TO TPZ-160 IS STATUTORILY EXEMPT
FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) UNDER SECTION 15264. SECTION 15264 STATES THAT LOCAL
AGENCIES ARE EXEMPT FROM THE REQUIREMENT OF PREPARING AN
ENVIRONMENTAL IMPACT REPORT OR NEGATIVE DECLARATION ON THE
ADOPTION OF TIMBERLAND PRESERVE ZONES UNDER GOVERNMENT CODE
SECTION 51100 ET SEQ.; AND SUBJECT TO FINDINGS II (A-D) AS
DETAILED IN THE STAFF REPORT DATED OCTOBER 10, 2000, FURTHER
MOVE TO ADOPT ORDINANCE 3642 APPROVING REZONE 00-03 FOR SIERRA
PACIFIC INDUSTRIES/SIERRA PACIFIC HOLDING COMPANY, AS
RECOMMENDED BY THE PLANNING COMMISSION, EXCLUDING THE SCENIC
HIGHWAY AREAS, AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-325 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.) (2669)
1. HAROLD GALLIET ADDRESSED THE BOARD REGARDING THE
IMPLEMENTATION OF THE AGRICULTURAL ELEMENT.
Public Hearincr and Timed Items
00-326 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(s) 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 9-12-00 [5.04]) (3000)(**00)
HEARING RECONVENED: 10:50 A.M.
HEARING CLOSED: 10:56 A.M.
MOTION: I MOVE TO AFFIRM THE APPEAL FORMING NEW BARGAINING UNITS FOR
THE COURTS, AND TO ALLOW THE COURT EMPLOYEES TO DETERMINE THEIR
OWN REPRESENTATION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 352 October 10, 2000
October 10, 2000
00-327 CLOSED SESSION: THE BOARD RECESSED AT 11:02 A.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING SIGNIFICANT EXPOSURE TO LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9
(b)(1): ONE POTENTIAL CASE. (**373)
RECONVENE: THE BOARD RECONVENED AT 11:24 A.M. FROM A
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING SIGNIFICANT EXPOSURE TO LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9
(b)(1): ONE POTENTIAL CASE. (**419) (NO
ANNOUNCEMENTS)
Public Hearincr and Timed Items
00-328 Continued Public Hearing - Chander Sidher - Use Permit -
consideration of an appeal of the Planning Commission's
approval of a Use Permit to allow for the construction and
operation of a 3,300 square foot convenience store, with two
fuel islands including three gas pumps each, and a 980 square
foot carwash (item on which a negative declaration with
mitigation measures regarding environmental impacts has been
recommended) on a 1.70 acre parcel zoned M-2 (Heavy
Industrial). The property is designated as Industrial by the
General Plan. water supply is proposed by an on-site well.
Sewer services are proposed by an on-site septic system. The
carwash will utilize a recirculating water system. On-site
retention of drainage and storm water is also proposed.
Proposed store hours are 5:00 a.m. to 12:00 a.m. The property
is located on the southwest corner of State Highway 99 and west
Liberty Road, opposite of Hollis Lane, south of the City of
Gridley, and identified as APN 021-170-052 (DB [File No. UP-00-
10]) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I (A-F) AS DETAILED IN THE STAFF
REPORT DATED OCTOBER 10, 2000, ADOPT A MITIGATED NEGATIVE
DECLARATION AND AUTHORIZE THE CHAIR TO SIGN;
2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS
WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR
WILDLIFE OR THEIR HABITAT, AS THE PROPERTY IS LOCATED
WITHIN AN INDUSTRIAL AREA AND HAS BEEN HIGHLY DISTURBED
BY PREVIOUS INDUSTRIAL ACTIVITY. THE PROPERTY SUPPORTS
NO WILDLIFE HABITAT, THEREFORE, A "DE MINIMUS" IMPACT
FINDING REGARDING FISH AND/OR WILDLIFE 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
Page 353 October 10, 2000
October 10, 2000
00-328 3. SUBJECT TO FINDINGS III A(1-8) AS DETAILED IN THE STAFF
REPORT DATED OCTOBER 10, 2000, DENY THE APPEAL AND
APPROVE USE PERMIT 00-10 FOR CHANDER SIDHER, SUBJECT TO
THE CONDITIONS OF APPROVAL AS DETAILED IN "EXHIBIT A" OF
THE STAFF REPORT DATED OCTOBER 10, 2000, AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 8-22-00 [5.01]) (**421)
PUBLIC HEARING OPENED: 11:31 A.M.
PUBLIC HEARING CLOSED: 12:06 P.M.
MOTION: I MOVE TO UPHOLD THE APPEAL AND DENY USE PERMIT 00-10 FOR
CHANDER SIDHER, SUBJECT TO THE FINDINGS THAT; 1) AN INITIAL
STUDY WAS COMPLETED IN COMPLIANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, AND THAT SAID INITIAL STUDY
IDENTIFIED SIGNIFICANT POTENTIAL ENVIRONMENTAL EFFECTS, THAT
REVISIONS IN THE PROJECT MADE BY, OR AGREED TO BY THE APPLICANT
BEFORE THE PROPOSED MITIGATED NEGATIVE DECLARATION AND INITIAL
STUDY WERE RELEASED FOR PUBLIC REVIEW, WOULD NOT AVOID THE
EFFECTS TO A POINT WHERE CLEARLY NO SIGNIFICANT EFFECTS WOULD
OCCUR; AND 2) THAT THE PROPOSED USES OF THE PROPERTY WILL
IMPAIR THE INTEGRITY AND CHARACTER OF THE ZONE IN WHICH THE
LAND LIES, AND THAT THE USE WOULD BE UNREASONABLY INCOMPATIBLE
WITH, OR INJURIOUS TO, SURROUNDING PROPERTIES OR DETRIMENTAL TO
THE HEALTH AND GENERAL WELFARE OF PERSONS RESIDING OR WORKING
IN THE NEIGHBORHOOD, OR TO THE GENERAL HEALTH, WELFARE AND
SAFETY OF THE RESIDENTS OF THE COUNTY DUE TO THE FACT THAT THE
TRAFFIC SITUATION IN THAT AREA IS PRESENTLY DANGEROUS, AND THE
CONDITIONS FOR MITIGATION OF THOSE PROBLEMS, AS RECOMMEND AT
THIS POINT, DO NOT RESOLVE THOSE DANGEROUS CONDITIONS. THE LAND
IS INDUSTRIALLY ZONED. THE USE PERMIT WOULD CREATE A HIGHLY
TRAFFIC GENERATING COMMERCIAL USE, WHICH IS AN INAPPROPRIATE
USE FOR THIS LOCATION. I FURTHER MOVE TO DIRECT THE PUBLIC
WORKS DEPARTMENT TO WORK WITH THE CITY OF GRIDLEY AND CALTRANS
TO EXAMINE POSSIBLE SOLUTIONS TO THE TRAFFIC PROBLEMS IN THAT
AREA.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-329 CLOSED SESSION: THE BOARD RECESSED AT 12:16 .M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING SIGNIFICANT EXPOSURE TO LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9
(b)(1): ONE POTENTIAL CASE. (**2163)
RECONVENE: THE BOARD RECONVENED AT 1:08 P.M. FROM A
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING SIGNIFICANT EXPOSURE TO LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9
(b)(1): ONE POTENTIAL CASE. (**2233) (NO
ANNOUNCEMENTS)
Page 354 October 10, 2000
October 10, 2000
Public Hearing and Timed Items
00-330 Public Hearing - Cary Gunn - Use Permit/Mining Permit and
Reclamation Plan - consideration of an appeal of a Use Permit
and Mining Permit/Reclamation Plan (item on which a negative
declaration with mitigation measures regarding environmental
impacts has been recommended) to operate a surface aggregate
mine. The proposed mine operation involves the extraction and
processing of alluvial gravel from the 42-acre mine site in a
series of 5 phases, with an average size of 8.4 acres each.
The mine will be operated intermittently. Mining will occur on
an upland terrace of Dry Creek. Production will equal
approximately 50,000 to 250,000 tons per year, with a total
estimated production of 650,000 tons of material. The mined
material will be processed by a portable rock crusher and
screen into various products. The processed material will be
hauled off-site, via Wheelock Road. Each phase will be mined-
out in approximately 6 months to 2 years, with the conclusion
of all mining occurring in 2 to 8 years after permit approval.
The expected termination day of the mine is November 2008. A
Reclamation Plan has been submitted in accordance with the
State Surface Mining and Reclamation Act. After final mining
is completed, and the plan grade for each phase is achieved,
the site shall be reclaimed to a condition that will allow for
grazing uses. The final reclaimed condition of the mine site
will result in a vegetated depression of 8 feet, with a gradual
slope from the perimeter of the mined area, contoured to match
the surrounding terrain. The proposed 42-acre mine site is
located within a 536-acre parcel of the Lucky 7 Ranch, and lies
on the south terrace of Dry Creek, west of and adjacent to
Wheelock Road approximately one-third mile north of the
intersection of Wheelock Road and State Highway 70 in the Pentz
area, and identified as APN 041-120-115 (DB [File # MIN 98-
02]) - action requested - STAFF RECOMMENDS THE BOARD CONTINUE
THE HEARING TO PROVIDE TIME FOR THE COMPLETION OF A NOISE
STUDY. (**2241) (***00)
PUBLIC HEARING OPENED AT 1:17 P.M. AND CONTINUED OPEN TO
DECEMBER 19, 2000, AT 10:30 A.M., TO PROVIDE FOR THE COMPLETION
OF A NOISE STUDY AS OUTLINED IN THE STAFF REPORT DATED
OCTOBER 10, 2000, AMENDING THE NOISE STUDY REQUIREMENTS
REGARDING THE LOCATION AT WHICH THE NOISE LEVELS ARE TO BE
MEASURED FROM, TO STATE THAT THE NOISE WILL BE MEASURED FROM
THE SITE TO THE RECEIVING PROPERTY LINE, NOT ANY PROPERTY LINE
OF THE PROJECT PROPERTY AS STATED IN THE STAFF REPORT.
00-331 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. ) (***2473) (****00)
1. GENE GUTT ADDRESSED THE BOARD REGARDING LACK OF LOCAL
GOVERNMENT REPRESENTATION IN BUTTE CREEK CANYON.
Page 355 October 10, 2000
October 10, 2000
ADJOURNMENT: there being no further business before the
Board, the meeting was adjourned at 3:08 p.m.,
to reconvene at a special meeting of the Board
to be held Thursday, October 19, 2000, at
6:00 p.m.
Jane Dolan, Chair
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Board of Supervisors
By.
Page 356 October 10, 2000