HomeMy WebLinkAboutM102400BOARD OF SUPERVISORS
MINUTES
October 24, 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 Norm Gardner, The Rock Fellowship,
Paradise.
00-333 Items removed from the Consent Agenda for Board consideration
and action. (172)
1. State of California - Department of water Resources -
Amendment - Board approval is requested by the Department
of water and Resource Conservation for an amendment to
the agreement with the State of California-Department of
water Resources (DwR) for participation in the
entitlement reduction program. The County approved this
agreement on August 8, 2000, however, the DwR has since
amended the agreement to remove references to the
Monterey Agreement in response to a recent action by the
Third District Court of Appeals. All other provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
THIS ITEM REMOVED FROM THE AGENDA WITHOUT CONSIDERATION OR
ACTION. THE ITEM WILL RETURN ON THE AGENDA OF
NOVEMBER 14, 2000.
Consent A ecr nda
00-334
1. Approval of Minutes - action requested - APPROVE MINUTES
OF OCTOBER 10, 2000.
Page 359 October 24, 2000
October 24, 2000
00-334 2. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-065 (SHERIFF'S OFFICE); AND B-066 (SHERIFF'S
OFFICE). (Budget transfers listed above require a 4/5
vote.)
3. County Library Donations - in accordance with Government
Code Section 25355, donations of $2,325 from Chico
Friends of the Library, $650 from Paradise Friends of the
Library, $500 from the Fraternal Order of Eagles Aerie
196, $200 from Stephanie Blackman of Magalia, and $100
from Jean Hare of Oroville, have been received for the
Butte County Trust Fund for the purchase of books -
action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS
OF APPRECIATION.
4. County Service Area No. 173 (Melrose Estates) -
pursuant to Government Code Section 25210.10 et
seq., Board approval is requested for a resolution of
intention to establish County Service Area (CSA) No. 173
(Melrose Estates), and to set a public hearing for
consideration of the matter for December 5, 2000, at
11:15 a.m. The CSA is being formed to provide
maintenance of storm drain facilities and street lighting
for the Melrose Estates subdivision. The Local Agency
Formation Commission approved formation of the CSA on
September 7, 2000 - action requested - ADOPT RESOLUTION
00-133 AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT NOTICE
OF THE HEARING BE GIVEN PURSUANT TO GOVERNMENT CODE
25210.16. (FROM 6-27-00 [3.05])
5. State of California-Department of Boating and
waterways - Board approval is requested by the
Sheriff's Office for an equipment and operation agreement
with the State of California-Department of Boating and
waterways. The agreement will provide funding in the
amount of $45,000 (1000 State) to purchase a new patrol
boat and trailer. All maintenance for the patrol boat
and trailer will be provided by current grant funding -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR AND THE SHERIFF-CORONER TO SIGN; APPROVE BUDGET
TRANSFER B-067 (4/5 vote required) ACCEPTING AND
APPROPRIATING AGREEMENT REVENUE; AND AUTHORIZE PURCHASE
OF A FIXED ASSET ITEM.
6. Relief of Accountability - welfare Department - Board
approval is requested by the welfare Department for
relief of accountability for miscellaneous computer
equipment deemed obsolete or no longer needed by the
department, and surplused in 1999 - action requested -
GRANT RELIEF OF ACCOUNTABILITY.
Page 360 October 24, 2000
October 24, 2000
00-334 7. Monthly Investment Report - the Treasurer-Tax
Collector submits the September 29, 2000, report in
accordance with the Butte County Statement of Investment
Policy dated July 1, 2000 - action requested - ACCEPT FOR
INFORMATION.
8. Fiscal Year 2000-2001 Transit/Transportation Claims -
pursuant to the Transportation and Development Act, the
Public works Department has prepared claims for SB620
funds for public transportation projects, and SB325 funds
for public transportation and streets and roads
projects - action requested - APPROVE CLAIMS AND
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN.
9. Adoption 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 vacant positions which are
being held open pending resolution of litigation - action
requested - ADOPT ORDINANCE 3643 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 10-10-00 [3.11])
10. Adoption 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 - ADOPT ORDINANCE
3644 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-10-00
[3.12] )
11. Adoption 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 - ADOPT ORDINANCE 3645 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 10-10-00 [3.13)
12. Introduction of a Salary Ordinance Amendment - the
Superior Court of California, County of Butte, has
requested the Personnel Department prepare a salary
ordinance amendment which will correct the exclusion of
the Court Services Manager position from the cost of
living increases provided to members of the Management,
Confidential, and Supervisory Unit on July 8, 2000 -
action requested - WAIVE READING OF THE ORDINANCE.
Page 361 October 24, 2000
October 24, 2000
00-334 13. Introduction of a Salary Ordinance Amendment - the
Probation Department-Juvenile Hall Division has requested
the Personnel Department prepare a salary ordinance
amendment which will add one half-time term position of
Senior Cook (term to end 2-10-01) to fill a vacancy
caused by disability leave - action requested - WAIVE
READING OF THE ORDINANCE.
14. Introduction of a Salary Ordinance Amendment - the
District Attorney's Office has requested the Personnel
Department prepare a salary ordinance amendment which
will eliminate the term designation of one half-time
position of Legal Typist Clerk/Office Assistant III/II/I.
The term designation is being eliminated in response to
the enhanced public defender services agreement approved
by the Board on September 26, 2000 - action requested -
WAIVE READING OF THE ORDINANCE.
15. Introduction of a Salary Ordinance Amendment - the
Development Services Department has requested the
Personnel Department prepare a salary ordinance amendment
which will: 1) delete the classification of Plan
Application Assistant; 2) create the classifications of
Plan Application Assistant I and Plan Application
Assistant II; 3) delete four current Plan Application
Assistant/Office Assistant III positions; and 4) add four
positions of Plan Application Assistant II/I. Flexibly
staffing the positions, and reclassifying the current
positions to the flexibly staffed positions will provide
the department with greater staffing choices - action
requested - WAIVE READING OF THE ORDINANCE.
16. Resolution Honoring Valley Oak Children's Services on
Their 20th Anniversary - action requested - ADOPT
RESOLUTION 00-134 AND AUTHORIZE THE CHAIR TO SIGN.
17. Storm Damage Repair on Forbestown Road at 0.38 Miles
Northwest of Robinson Mill Road - County Project
No. 27581-2-99-1 - Contract Change Order (CCO) No. 1 -
CCO No. 1, in the increased amount of $37,762.50,
provides for the additional work necessary during
construction due to underground springs and unsuitable
material in the roadway subgrade - action requested -
APPROVE CONTRACT CHANGE ORDER NO. 1 AND AUTHORIZE THE
CHAIR TO SIGN.
Page 362 October 24, 2000
October 24, 2000
00-334 18. Celeste Jones - Board approval is requested by the Butte
County Department of Behavioral Health (BCDBH) for an
agreement with Celeste Jones for the provision of
domestic violence prevention training, consultation, and
support services to BCDBH CalwORKs clients. The term of
the agreement is September 1, 2000, through
June 30, 2001, with a maximum amount payable of $26,000
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X11795)
19. Samuel A. Brown, M.D. - Amendment - Board approval is
requested by the Butte County Department of Behavioral
Health (BCDBH) for an amendment to the agreement with
Samuel A. Brown, M.D., for the provision of psychiatric
services to BCDBH clients. The amendment increases the
number of hours to be worked per week from 8 to 16, and
increases the maximum amount payable by $32,000
(department budget). The term remains March 1, 2000,
through June 30, 2001 - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11615)
20. Carolyn A. Cameron, MFCC - Amendment - Board approval is
requested by the Butte County Department of Behavioral
Health (BCDBH) for an amendment to the agreement with
Carolyn A. Cameron, MFCC, for the provision of specialty
mental health services to BCDBH Medi-Cal clients. The
amendment provides for the inclusion of necessary
language regarding compliance with Title XIX of the
Social Security Act. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X11082)
21. Hala Saleem, M.D. - Amendment - Board approval is
requested by the Butte County Department of Behavioral
Health (BCDBH) for an amendment to the agreement with
Hala Saleem, M.D., for the provision of psychiatric
services to BCDBH clients. The amendment extends the
term of the agreement through fiscal year 2000-2001, and
increases the maximum amount payable by $85,000
(department budget) - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11558)
Page 363 October 24, 2000
October 24, 2000
00-334 22. Enloe Medical Center - Facility Designation Agreement -
Board approval is requested by the Butte County
Department of Behavioral Health for an agreement with
Enloe Medical Center which will designate their facility
as a Landerman-Petris-Short (LPS) Act Evaluation and
Treatment Facility. This designation will allow Enloe
Medical Center to provide involuntary detention of
mentally disordered patients for evaluation and
treatment, and intensive treatment of mentally disordered
patients. The term of the agreement is one year, and
will be automatically renewed in one year increments
unless terminated by either party. There is no
compensation associated with the agreement - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
23. State of California-Department of Alcohol and Drug
Programs - Amendment - Board approval is requested by
the Butte County Department of Behavioral Health (BCDBH)
for an amendment to the revenue agreement with the State
of California-Department of Alcohol and Drug Programs for
the Drug Court Partnership Project. The amendment
provides for a 12-month extension of the prior grant
award period, and allows the department to carry forward
unspent funds from the fiscal year 1999-2000 award. All
other terms and conditions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER;
AND ADOPT RESOLUTION 00-135 AUTHORIZING THE CHAIR TO SIGN
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
24. Gene Desautels, D.O./Urgent Medical Clinic - Board
approval is requested by the Butte County Department of
Behavioral Health for an agreement with Gene Desautels,
D.O., Medical Director of Urgent Medical Clinic, for the
provision of "history and physical" examinations for
clients of the Butte County Psychiatric Health Facility.
The term of the agreement is July 1, 2000, through
June 30, 2001, with a maximum amount payable of $91,800
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 364 October 24, 2000
October 24, 2000
00-334 25. State Department of Mental Health - Board approval is
requested by the Butte County Department of Behavioral
Health for a revenue agreement with the State Department
of Mental Health for the provision of mental health
services to Medi-Cal beneficiaries. The term of the
agreement is July 1, 2000, through June 30, 2001, with a
maximum amount payable to the County of $1,503,437. The
agreement amount includes an additional $38,864 in
program funding not included in the department's budget,
and Board approval is also requested to accept and
appropriate the unanticipated funds - action requested -
ADOPT RESOLUTION 00-136 APPROVING AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-068 (4 /5
vote required) ACCEPTING AND APPROPRIATING ADDITIONAL
PROGRAM FUNDING. (Contract No. R40254)
26. BHC Heritage Oaks Hospital and Sierra Vista
Hospital, Inc. - Board approval is requested by the Butte
County Department of Behavioral Health (BCDBH) for an
agreement with BHC Heritage Oaks Hospital and Sierra
Vista Hospital, Inc., for the provision of inpatient
hospitalization for adolescent Medi-Cal patients of
BCDBH. The term of the agreement is July 1, 1999,
through June 30, 2001. Funding for services is available
through Medi-Cal Inpatient Consolidation Funding. Claims
for services are submitted to, and paid for by, the
State - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11789)
27. Victor Treatment Center, Inc. - Amendment - Board
approval is requested by the Butte County Department of
Behavioral Health for an amendment to the agreement with
Victor Treatment Center, Inc., for the provision of
Therapeutic Behavioral Services (TBS). The amendment
extends the term of the agreement through fiscal year
2000-2001, and increases the maximum amount payable by
$25,000 (department budget) - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11551)
28. Frank Thatcher Associates, Inc. - Board approval is
requested by the Information Systems Department -
Communications Division, for an agreement with Frank
Thatcher Associates, Inc., for the provision of a
strategic plan to upgrade the County's failing radio
network. The term of the agreement is October 24, 2000,
through the end of the project, with a maximum amount
payable of $116,600 (department budget). The agreement
is the result of a Request for Proposal, and is the
recommendation of the proposal evaluation team - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X11805)
Page 365 October 24, 2000
October 24, 2000
00-334 29. State of California-Department of Transportation - Board
approval is requested by the Information Systems
Department-Communications Division, for a revenue
agreement with the State of California-Department of
Transportation (CALTRANS) for the provision of vault
space, antenna space, and power for CALTRANS radio
equipment at the County's Platte Mountain site. The term
of the agreement is July 1, 2000, through June 30, 2005,
with a maximum amount payable to the County of $350 per
year - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. R40266)
30. Butte County Office of Education - Board approval is
requested by the Probation Department for a revenue
agreement with the Butte County Office of Education for
the provision of a Probation Officer assigned to the
North County Community School, and the School of Applied
Resources (SOAR) program. The term of the agreement is
July 1, 2000, through June 30, 2001, with a maximum
amount payable to the County of $30,000 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. R40268)
31. Home Health Care Management, Inc. - Board approval is
requested by the Public Health Department for an
agreement with Home Health Care Management, Inc., for the
provision of case management, education, and nursing
services to selected high-risk clients. The term of the
agreement is July 1, 2000, through June 30, 2001, with a
maximum amount payable of $75,150 (1000 State) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
32. ATC/Vancom, Inc. - Butte County Transit - Amendment -
Board approval is requested by the Public works
Department for an amendment to the agreement with
ATC/Vancom, Inc., for the management and operation of
Butte County Transit. The amendment will require the
contractor to provide coverage for physical damages less
than $5,000 per occurrence, at the rate of $0.30 per
vehicle service hour. The term of the contract remains
July 1, 2000, through June 30, 2001 - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X10940)
Page 366 October 24, 2000
October 24, 2000
00-334 33. ATC/Vancom, Inc. - Oroville Area Transit - Amendment -
Board approval is requested by the Public works
Department for an amendment to the agreement with
ATC/Vancom, Inc., for the management and operation of
Oroville Area Transit. The amendment will require the
contractor to provide coverage for physical damages less
than $5,000 per occurrence, at the rate of $0.30 per
vehicle service hour. The term of the contract remains
July 1, 2000, through June 30, 2001 - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X10939)
34. ATC/Vancom, Inc. - Oroville Express - Amendment - Board
approval is requested by the Public works Department for
an amendment to the agreement with ATC/Vancom, Inc., for
transportation services in the Oroville urban area for
the mobility impaired (Oroville Express). The amendment
will require the contractor to provide coverage for
physical damages less than $5,000 per occurrence, at the
rate of $0.30 per vehicle service hour. The term of the
contract remains July 1, 2000, through June 30, 2001 -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10940)
35. Kennedy/Jenks Consultants - Amendment - Board approval is
requested by the Public works Department for an amendment
to the agreement with Kennedy/Jenks Consultants for the
provision of a Professional Environmental Services
Corrective Action workplan for the Neal Road Landfill.
The amendment provides for additional work needed to
respond to requests received in August from the Regional
water Quality Control Board. The amendment increases the
maximum amount payable by $31,300 (Neal Road Sanitary
Landfill Management Fund) - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
36. Advance Step Hire - the District Attorney-Family Support
Division has requested the Personnel Department prepare
an agenda item requesting appointment of a District
Attorney Investigator II position to step 4 of the salary
range based on education and experience - action
requested - APPROVE THE ADVANCE STEP HIRE OF A DISTRICT
ATTORNEY INVESTIGATOR II POSITION TO STEP 4 OF THE SALARY
RANGE.
Page 367 October 24, 2000
October 24, 2000
00-334 37. Certification of Statement of Votes Cast - the County
Clerk-Recorder-Registrar of Voters submits the
Certification of Statement of Votes Cast for the special
school bond election held on September 26, 2000, in the
Palermo Union School District - action requested - ACCEPT
AND APPROVE CERTIFICATION. (181)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.15 AMENDED TO
CHANGE THE NUMBER OF POSITIONS CREATED AND FLEXIBLY STAFFED
FROM THREE TO FOUR, AND THE REMOVAL OF ITEM 3.36.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CHAIR DOLAN PRESENTS A RESOLUTION HONORING VALLEY OAKS
CHILDREN'S SERVICES TO JULIE GRIVETTE AND NYLA MCKENZIE,
REPRESENTATIVES FROM VALLEY OAKS CHILDREN'S SERVICES.
Regular Agenda
00-335 Consideration of the addition of an item to the agenda: Amend
bid opening date, Southside Oroville Community Center project.
(268)
MOTION: I MOVE TO FIND, PURSUANT TO GOVERNMENT CODE SECTION
54954.2(b)(2), THAT THERE IS A NEED TO TAKE IMMEDIATE ACTION,
AND THAT THE NEED FOR ACTION CAME TO THE ATTENTION OF THE BOARD
SUBSEQUENT TO THE AGENDA BEING PREPARED AND POSTED. I FURTHER
MOVE TO ADD THE AGENDA ITEM REGARDING THE BID OPENING FOR THE
SOUTHSIDE OROVILLE COMMUNITY CENTER TO THE AGENDA FOR
CONSIDERATION.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-336 Appointments - Commissions and Committees. (299)
1. Appointments to committee vacancies. (NONE)
00-337 Update on legislative and budget activities. (303) JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT
THERE IS A BILL BEFORE CONGRESS THAT WOULD ALMOST DOUBLE THE
AMOUNT OF FEDERAL TAXES RECEIVED BY THE COUNTY FOR FORESTRY
ACTIVITIES FOR A PERIOD OF SIX YEARS. ADDITIONALLY, THE
CALIFORNIA STATE ASSOCIATION OF COUNTIES IS PROPOSING A STATE
CONSTITUTIONAL AMENDMENT TO PROTECT COUNTY REVENUES BY: 1)
CAPPING THE GROWTH OF ERAF FUNDS; 2) PROTECTING THE VEHICLE
LICENSE FEE "BACKFILL"; 3) PREVENTING FUTURE REVENUE SHIFTS
SIMILAR TO THE PROPERTY TAX SHIFT; AND 4) PROTECTING OTHER
REVENUE SOURCES.
Page 368 October 24, 2000
October 24, 2000
00-338 Tri-County Economic Development Corporation - Report to the
Board - update on the progress of current projects within Butte
County, and discussion of potential or future development
projects and/or other economic development issues of concern -
action requested - ACCEPT FOR INFORMATION; AND PROVIDE
DIRECTION AS APPROPRIATE. (440)
PRESENTATION TO THE BOARD BY STARLYN BROWN, ASSISTANT CHIEF
ADMINISTRATIVE OFFICER; MARC NEMANIC, JENNIFER MCCARTHY, AND
SHERRI NIX, TRI-COUNTY ECONOMIC DEVELOPMENT CORPORATION.
00-339 Item added to the agenda - consideration of amending the bid
opening date for the Southside Oroville Community Center
project. (1003)
MOTION: I MOVE TO EXTEND THE BID OPENING DATE FOR THE CONSTRUCTION OF
THE SOUTHSIDE OROVILLE COMMUNITY CENTER TO NOVEMBER 9, 2000, AT
2:30 P.M. IN THE PURCHASING OFFICE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-340 Research and Business Park General Plan Land Use Designation -
Report to the Board - Site Designation Criteria - consideration
of recommendations for refining the site designation criteria
adopted as part of the Research and Business Park General Plan
Land Use Designation of the Butte County General Plan Land Use
Element - action requested - PROVIDE DIRECTION TO STAFF
RELATIVE TO THE REFINED SITE DESIGNATION CRITERIA AND THE
PRELIMINARY MAPPING AS FOLLOWS:
1. ACCEPT THE PRELIMINARY REPORT;
2. ACCEPT THE REFINED SITE DESIGNATION CRITERIA WITH THE
FOLLOWING ADJUSTMENTS:
A. USE A THREE-MILE RADIUS FROM THE SPHERE OF INFLUENCE
BOUNDARY AROUND THE CITIES OF CHICO AND OROVILLE,
AND THE TOWN OF PARADISE, AS THE SEARCH AREA FOR
BOTH THE TIER 1 AND TIER 2 MAPS. THIS WILL
ELIMINATE THE OUTLYING RURAL COMMUNITIES FOR
PURPOSES OF THIS STUDY;
B. USE THE ONE-HALF MILE AND ONE MILE DISTINCTION FROM
PRIMARY ROADS AS THE DISTINGUISHING DIFFERENCE
BETWEEN TIER 1 AND TIER 2 MAPS;
C. INCLUDE ALL QUALIFYING LANDS AS ELIGIBLE CANDIDATE
SITES, IF A PORTION OF SAID LANDS FALLS WITHIN THE
SEARCH PARAMETERS; AND
Page 369 October 24, 2000
October 24, 2000
00-340 3. DIRECT THE CONSULTANT TO PREPARE THE FINAL FEASIBILITY
REPORT AND CONTACT CANDIDATE LANDOWNERS TO VERIFY
INTEREST. (1050)
MOTION: I MOVE TO ACCEPT THE PRELIMINARY REPORT; ACCEPT THE REFINED
SITE DESIGNATION CRITERIA WITH THE FOLLOWING ADJUSTMENTS: A.)
USE A THREE-MILE RADIUS FROM THE SPHERE OF INFLUENCE BOUNDARY
AROUND THE CITIES OF CHICO AND OROVILLE, AND THE TOWN OF
PARADISE, AS THE SEARCH AREA FOR BOTH THE TIER 1 AND TIER 2
MAPS. THIS WILL ELIMINATE THE OUTLYING RURAL COMMUNITIES FOR
PURPOSES OF THIS STUDY; B.) USE THE ONE-HALF MILE AND ONE MILE
DISTINCTION FROM PRIMARY ROADS AS THE DISTINGUISHING DIFFERENCE
BETWEEN TIER 1 AND TIER 2 MAPS; AND C. ) INCLUDE ALL QUALIFYING
LANDS AS ELIGIBLE CANDIDATE SITES, IF A PORTION OF SAID LANDS
FALLS WITHIN THE SEARCH PARAMETERS. I FURTHER MOVE TO DIRECT
THE CONSULTANT TO PREPARE A REVISED (POSSIBLE) FINAL
FEASIBILITY REPORT, INCORPORATING THE COMMENTS PROVIDED BY THE
BOARD MEMBERS TODAY, AND TO RETURN THAT REPORT TO THE BOARD OF
SUPERVISORS PRIOR TO CONTACTING PROPERTY OWNERS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-341 Comment Letter to CALFED - consideration of a comment letter to
the CALFED Ecosystem Roundtable regarding ecosystem proposals
recommended for funding under the 2000 Proposal Solicitation
Package - action requested - ACCEPT RECOMMENDATION OF THE BUTTE
COUNTY WATER COMMISSION AND APPROVE A COMMENT LETTER TO CALFED
AND AUTHORIZE THE CHAIR TO SIGN. (2514)(**00)
MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE DEPARTMENT OF WATER
AND RESOURCE CONSERVATION AND APPROVE A COMMENT LETTER TO
CALFED AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:36 A.M.
RECONVENE: 10:46 A.M.
Public Hearincrs and Timed Items
00-342 Continued Public Hearing - Application for Certificate of
Merger - K&DR Company - consideration of an appeal of an
application, pursuant to Butte County Ordinance No. 3273, to
merge APN 062-680-027 and 071-450-008; merging two parcels into
one parcel. The property is located at the southerly end of
Pine Tree Lane, south of Bald Rock Road, Berry Creek area -
action requested:
1. FIND THAT THE REVIEW OF AN APPLICATION FOR CERTIFICATE OF
MERGER IS LIMITED TO EXISTING CONDITIONS, NOT BASED ON
OTHER POSSIBLE USES OF THE PROPERTY, WHICH ARE SUBJECT TO
SEPARATE PERMITTING PROCESSES; AND
Page 370 October 24, 2000
October 24, 2000
00-342 2. FIND THAT THE CERTIFICATE OF MERGER IS EXEMPT FROM
ENVIRONMENTAL REVIEW (AS A MINISTERIAL PROJECT, PURSUANT
TO PUBLIC RESOURCES CODE SECTION 21080 (b)(1)), AND
APPROVE THE FILING OF THE CERTIFICATE OF MERGER SUBJECT
TO PLACEMENT OF THE FOLLOWING NOTE ON THE CERTIFICATE,
"THE TITLE REPORTS SUBMITTED WITH THE APPLICATION FOR
THIS CERTIFICATE OF MERGER INDICATED THAT THE PORTION OF
THE HEREIN DESCRIBED PROPERTY LYING WITHIN SECTION 33,
TOWNSHIP 21 NORTH, RANGE 5 EAST (AP 062-680-027), WAS
SERVED BY A `RIGHT OF WAY FOR ROAD AND PUBLIC UTILITY
PURPOSES OVER A STRIP OF LAND 60 FEET IN WIDTH' TO BALD
ROCK ROAD. SAID TITLE REPORTS ALSO INDICATED `THE LACK OF
A LEGAL RIGHT OF ACCESS TO AND FROM A PUBLIC STREET OR
HIGHWAY' FOR THE HEREIN DESCRIBED PROPERTY LYING WITHIN
SECTION 4, TOWNSHIP 20 NORTH, RANGE 5 EAST, M.D.B. & M
(AP 071-450-008). NO DETERMINATION HAS BEEN MADE BY THE
COUNTY OF BUTTE REGARDING RIGHTS OF ACCESS, IF ANY, TO
THE MERGED PARCEL DESCRIBED IN THIS DOCUMENT OR ANY PART
THEREOF. APPROVAL AND RECORDATION OF THIS MERGER DOES NOT
CONSTITUTE SUCH A DETERMINATION." (FROM 8-22-00 [5.02])
(**154)
PUBLIC HEARING RECONVENED: 10:47 A.M.
PUBLIC HEARING CLOSED: 11:00 A.M.
MOTION: I MOVE TO DENY THE APPEAL AND APPROVE THE MERGER; FIND THAT THE
REVIEW OF AN APPLICATION FOR CERTIFICATE OF MERGER IS LIMITED
TO EXISTING CONDITIONS, NOT BASED ON OTHER POSSIBLE USES OF THE
PROPERTY, WHICH ARE SUBJECT TO SEPARATE PERMITTING PROCESSES;
AND FIND THAT THE CERTIFICATE OF MERGER IS EXEMPT FROM
ENVIRONMENTAL REVIEW (AS A MINISTERIAL PROJECT, PURSUANT TO
PUBLIC RESOURCES CODE SECTION 21080 (b)(1)) I FURTHER MOVE TO
APPROVE THE FILING OF THE CERTIFICATE OF MERGER SUBJECT TO
PLACEMENT OF THE FOLLOWING NOTE ON THE CERTIFICATE, "THE TITLE
REPORTS SUBMITTED WITH THE APPLICATION FOR THIS CERTIFICATE OF
MERGER INDICATED THAT THE PORTION OF THE HEREIN DESCRIBED
PROPERTY LYING WITHIN SECTION 33, TOWNSHIP 21 NORTH, RANGE 5
EAST (AP 062-680-027), WAS SERVED BY A `RIGHT OF WAY FOR ROAD
AND PUBLIC UTILITY PURPOSES OVER A STRIP OF LAND 60 FEET IN
WIDTH' TO BALD ROCK ROAD. SAID TITLE REPORTS ALSO INDICATED
`THE LACK OF A LEGAL RIGHT OF ACCESS TO AND FROM A PUBLIC
STREET OR HIGHWAY' FOR THE HEREIN DESCRIBED PROPERTY LYING
WITHIN SECTION 4, TOWNSHIP 20 NORTH, RANGE 5 EAST, M.D.B. & M
(AP 071-450-008). NO DETERMINATION HAS BEEN MADE BY THE COUNTY
OF BUTTE REGARDING RIGHTS OF ACCESS, IF ANY, TO THE MERGED
PARCEL DESCRIBED IN THIS DOCUMENT OR ANY PART THEREOF. APPROVAL
AND RECORDATION OF THIS MERGER DOES NOT CONSTITUTE SUCH A
DETERMINATION."
M S
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion Carries)
Page 371 October 24, 2000
October 24, 2000
00-343 Public Hearing - Bridge weight Limit Posting - consideration of
an engineering investigation of Bridge No. 12C-194, located on
Dixie Road, 22 miles northeast of the junction of Camp Creek
Road in the north Feather River Canyon area, for the purpose of
posting of structural weight load limits as follows: 18 tons
per vehicle; 28 tons per semi-trailer combination; and 36 tons
per truck and full trailer - action requested - ADOPT
RESOLUTION APPROVING PROPOSED MAXIMUM LOAD POSTING AND
AUTHORIZE THE CHAIR TO SIGN. (**589)
PUBLIC HEARING OPENED: 11:02 A.M.
PUBLIC HEARING CLOSED: 11:03 A.M.
THE PUBLIC WORKS DEPARTMENT REQUESTED THAT THE BOARD NOT ACT ON
THIS MATTER AT THIS TIME. THE PUBLIC WORKS DEPARTMENT IS
WAITING FOR ADDITIONAL INFORMATION FROM CALTRANS WHICH MAY
ALTER THE POSTING LIMITS, AND WILL BRING THIS ITEM BACK FOR
CONSIDERATION AFTER RECEIVING THAT INFORMATION.
NO BOARD ACTION TAKEN.
00-344 Public Hearing - Use Permit, Mining Permit, Reclamation Plan -
Scott D. Stephens - consideration of an appeal of the Planning
Commission's approval of a Use Permit, Mining Permit, and
Reclamation Plan, in accordance with the Surface Mining and
Reclamation Act, to operate a surface aggregate quarry for the
extraction of basalt (item on which a negative declaration with
mitigation measures regarding environmental impacts has been
recommended). The mine will encompass 5 acres within a 326
(+/_) acre property. The applicant proposes to utilize a
sidehill method of excavation which will leave a graded area
and a cut-bank with a 35-degree slope. A rock crusher, rock
screen, and settling pond is also proposed. Mining operations
will take place over ten years. The mined basalt will be
crushed into road base material and hauled off-site. Maximum
anticipated mine depth is 70 feet. All topsoil shall be
conserved for later use in reclamation. The mine will be
reclaimed at the conclusion of operations for use as a grazing
area, which will also support native annual vegetation and
local wildlife. Access to the site is provided by Canyon
Shadows Road, a private road. The property is zoned "U"
(Unclassified) and located approximately 1.5 miles north of the
intersection of Canyon Shadows Road and Humboldt Road, in the
Little Chico Creek Canyon, T22N, R2E, Section 11, MDB&M, and
identified as APN 063-290-056 and 063-290-057 (DB [MIN 99-
02]) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE STAFF
REPORT DATED OCTOBER 24, 2000, ADOPT A MITIGATED NEGATIVE
DECLARATION;
Page 372 October 24, 2000
October 24, 2000
00-344 2. FIND THAT BECAUSE A MITIGATED NEGATIVE DECLARATION HAS
BEEN PREPARED, THE COLLECTION OF FEES PURSUANT TO FISH
AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5(a)(4)
IS REQUIRED; AND
3. SUBJECT TO FINDINGS III A(1-7) AS DETAILED IN THE STAFF
REPORT DATED OCTOBER 24, 2000, AND THE CONDITIONS OF
APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT
DATED OCTOBER 24, 2000, APPROVE MINING PERMIT 99-02 AND
AUTHORIZE THE CHAIR TO SIGN. (**661)
PUBLIC HEARING OPENED: 11:13 A.M.
MOTION: I MOVE TO DIRECT A NOISE STUDY BE CONDUCTED UTILIZING THE
RESIDEN TIAL NOISE STANDARDS INCLUDED IN THE GENERAL PLAN, AND
FURTHER MOVE TO CONTINUE THIS HEARING OPEN TO
DECEMBE R 19, 2000, AT 11:45 A.M.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO DIRECT THAT THE PROPOSED CONDITIONS OF APPROVAL BE
AMENDED TO ELIMINATE HOURS OF OPERATIONS ON SATURDAY.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-345 CLOSED SESSION: THE BOARD RECESSED AT 1:06 P.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. (***1742)
RECONVENE: THE BOARD RECONVENED AT 1:43 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. (***1822)
(NO ANNOUNCEMENTS)
Page 373 October 24, 2000
October 24, 2000
Public Hearincr and Timed Items
00-346 Continued 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 99-01] ) -
action requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I (A-C) AS DETAILED IN THE AMENDED
STAFF REPORT DATED OCTOBER 24, 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 AMENDED
STAFF REPORT DATED OCTOBER 24, 2000, AND THE AMENDED
CONDITIONAL ZONING AGREEMENT INCLUDED IN THE AMENDED
STAFF REPORT DATED OCTOBER 24, 2000, ADOPT AN ORDINANCE
APPROVING THE REZONE, INCLUDING THE AMENDED CONDITIONAL
ZONING AGREEMENT, AND AUTHORIZE THE CHAIR TO SIGN. (FROM
9-12-00 [5.06] ) (***1843)
Page 374 October 24, 2000
October 24, 2000
00-346 PUBLIC HEARING RECONVENED: 1:49 P.M.
PUBLIC HEARING CLOSED: 1:59 P.M.
MOTION: SUBJECT TO FINDINGS I (A-C) AS DETAILED IN THE AMENDED STAFF
REPORT DATED OCTOBER 24, 2000, I MOVE TO ADOPT A MITIGATED
NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; 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 SUBJECT TO
FINDINGS III (A-G) AS DETAILED IN THE AMENDED STAFF REPORT
DATED OCTOBER 24, 2000, AND THE AMENDED CONDITIONAL ZONING
AGREEMENT INCLUDED IN THE AMENDED STAFF REPORT DATED
OCTOBER 24, 2000, FURTHER MOVE TO ADOPT ORDINANCE 3646
APPROVING THE REZONE, INCLUDING THE AMENDED CONDITIONAL ZONING
AGREEMENT, AS AMENDED TO INCLUDE THE REFERENCE TO, AND
INCORPORATION OF, THE LETTER FROM DAVID H. RUSH TO LUCIAN
VANDEGRIFT, DATED OCTOBER 24, 2000, AND AUTHORIZE THE CHAIR TO
SIGN.
S M
VOTE: l Y 2 Y 3 N 4 Y 5 Y (Motion Carried)
00-347 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.) (***2658)
(****00)
1. CLARK MCELROY ADDRESSED THE BOARD REGARDING THE PROPERTY
OWNED AND MANAGED BY THE OROVILLE WYANDOTTE IRRIGATION
DISTRICT (IDENTIFIED BY THE OROVILLE WYANDOTTE IRRIGATION
DISTRICT AS ID2) AND STATED THAT THE PROPERTY IS AN
ENVIRONMENTAL HEALTH HAZARD, AND REQUESTED THE BOARD TO
ASSIST HIM IN OBTAINING INFORMATION ABOUT THIS MATTER
FROM THE DISTRICT.
Regular Agenda
00-348 Glassy-winged Sharpshooter - Report to the Board - update on
the current status of the Glassy-winged Sharpshooter project
within Butte County - action requested - ACCEPT FOR
INFORMATION. (****404)
REPORT TO THE BOARD BY RICHARD PRICE, AGRICULTURAL
COMMISSIONER.
00-349 Items removed from the Consent Agenda for Board consideration
and action. (NONE)
Page 375 October 24, 2000
October 24, 2000
00-350 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.) (****864)
1. MICHAEL MADDEN, BUTTE COUNTY EMERGENCY SERVICES OFFICER,
INFORMS THE BOARD THAT THE COUNTY HAS SUCCESSFULLY
NEGOTIATED WITH THE SMALL BUSINESS ADMINISTRATION FOR
DISASTER OPERATIONS FOR THE CONCOW FIRE.
00-351 CLOSED SESSION: THE BOARD RECESSED AT 2:43 P.M. TO A CONTINUED
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING SIGNIFICANT EXPOSURE TO LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION
54956.9(b)(1) ONE POTENTIAL CASE. (****880)
RECONVENE: THE BOARD RECONVENED AT 3:32 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. (NO
ANNOUNCEMENTS)
Communications
00-352 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. Marsha L. Berkbigler, Director Government Relations, AT&T
Broadband, writes to inform the Board of changes to their
billing format which are designed to make the bills
easier to read (September 27, 2000 correspondence), and
informs the Board that effective November 1, 2000, there
will be an increase to rates for adult Pay-Per-View
programming (September 29, 2000 correspondence).
2. Sean Hogue, General Manager, AT&T Broadband, writes to
inform the Board of changes in the format of their
billing statements, programming packages, and rates.
ADJOURNMENT: There being no further business before the
Board, the meeting was adjourned at 3:32 p.m.
to reconvened at a regular meeting of the
Board on Tuesday, November 14, 2000, at
9:00 a.m.
Jane Dolan, Chair
Page 376 October 24, 2000
October 24, 2000
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Board of Supervisors
by:
Page 377 October 24, 2000