HomeMy WebLinkAboutM102699BOARD OF SUPERVISORS
MINUTES
R.J. BEEL.ER, 1st District
JANE DOLAN, 2nd District
MARY ANNE ROUX, 3rd District
CURT JOSiASSEN, 4th District
FRED C. DAVIS, 5th District
October 26. 1999
99-343
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; Susan Minasian,
County Counsel; and Marion Reeves, Assistant Clerk of the Board.
A MOMENT OF SILENCE WAS OBSERVED TO ACKNOWLEDGE THE UNTIMELY
PASSING OF FORMER ASSEMBLYMAN AND FORMER BUTTE COUNTY BOARD OF
SUPERVISOR MEMBER BERNIE RICHTER.
Pledge of Allegiance to the Flag of the United States of America.
Invocation - Alberta Tracy, First Church of Christ Scientist,
Oroville.
Items removed from the Consent Agenda foz Board consideration and
action. (127)
1. Adoption of a Salary Ordinance Amendment - the Personnel
Department has prepared a salary ordinance amendment which
provides adjustments for appointed department heads, elected
officials, and the County Health Officer in conformance with
the compensation grogram for appointed and elected department
heads - action requested ~ ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 10-12-99)
2. Lee Rosenthal - Board approval is requested by the
Administrative Office for an agreement with Lee Rosenthal,
Attorney, for the provision of legal services in the area of
redevelopment. The term of the agreement is one year, but
may be continued in effect after the expiration, unless
canceled according to the terms of the agreement. Funds for
the agreement are available in the Administrative Office
budget - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
Page 352 October 26, 1999
October 26 1999
Consent Agenda '~`
99-344 1. Approval of Minutes - action requested - APPROVE MINUTES OF
OCTOBER 12, 1999.
2. Budget Transfers - action requested - APPROVE BUDGET TRANSFER
B-051 (TREASURER--TAX COLLECTOR}.
3. County Library Donations - in accordance with Government Code
Section 25355, donations of $1,480 from Oroville Friends of
the Library, $],,000 from Paradise Friends of the Library, and
$240 from Gridley 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.
4. Automatic Stapler/Folder for Xerox 5100 - Print Shop - Board
approval is requested by the General Services Director far
the purchase of an automatic stapler/folder for a Xerox 5100
copy machine in the amount of $5, 600. Under the terms of the
sale, half of the purchase price will be paid this fiscal
year, with the balance due in fiscal year 2000-2001. Board
approval is also requested for a budget transfer in the
amount of $2,800 (department budget) to cover the cost of the
equipment for this fiscal year -action requested - APPROVE
.~..
BUDGET TRANSFER 8-053; AND APPROVE PURCHASE OF A FIXED ASSET
ITEM.
5. Monthly Investment Report - the Treasurer-Tax Collector
submits the September 30, 1999, report in accordance with
the Butte County Statement of Investment Policy dated
July 1, 1999 - action requested - ACCEPT FOR INFORMATION.
6. workers' Compensation Revolving Fund - Board approval is
requested by the Auditor-Controller for an increase in the
Workers' Compensation Revolving Fund of $39,000 (for a new
fund balance of $175,000) in response to a request from the
County's Workers' Compensation claims administrator - action
requested - ADOPT RESOLUTION 99-147 AND AUTHORIZE THE CHAIR
TO SIGN.
7. Stirling City Septic Management System - Board approval is
requested by the Development Services Department for a budget
transfer which appropriates $26,040 in Planning and Technical
Assistance Grant revenue and $810 from County Service
Area #82 (Stirling City Sewer} to be used for the assessment
of the Stirling City Septic Management System - action
requested - APPROVE BUDGET TRANSFER B-052 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE.
Page 353 October 26, 1999
October 26, 1999
99-344
8. Introduction of a Salary Ordinance Amendment - the
Information Systems Department has requested the Personnel
Department prepare a salary ordinance amendment which deletes
one position of Administrative Analyst III/II/I and adds one
position of Information Systems Analyst III/II/I to correct
an adjustment which should have been included in the fiscal
year 1999-2000 budget - action requested - WAIVE READING OF
THE ORDINANCE.
9. Resolution in Appreciation of District Attorney Investigator
Bernard ~~Bernie" Lightner Upon His Retirement From the
County - action requested - ADOPT RESOLUTION 99-198 AND
AUTHORIZE THE CHAIR TO SIGN.
10. Resolution Authorizing Criminal History Information - Board
approval is requested by the Welfare Director for a
resolution authorizing the Children's Services Division to
access criminal history information pursuant to California
Health and Safety Code Section 1522.06 - action requested -
ADOPT RESOLUTION 99-149 AND AUTHORIZE THE CHAIR TO SIGN.
11. Award of Bid - Reconstruction of a Law Water Crossing on Nord
Gianella Road, County Project 60105B-98-1 - the project
provides for the construction of a concrete low water
crossing on Nord Gianella Road adjacent to the bridge over
Pine Creek, approximately two miles west of Nord - action
requested - AWARD CONTRACT TO LOW BIDDER, R & R HORN GENERAL
ENGINEERING CONTRACTING, IN THE AMOUNT OF $94,763, AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
12. Notice of Completion - Reconstruction of Drescher Tract Road
from Ma and Pa Lane to Lower Wyandotte Road - County Project
No. 19545D-98-1 - 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 NOTICE OF COMPLETION.
13. Private Industry Council - Amendment 1 - Board approval is
requested by the Administrative Office for an amendment to
the agreement with the Private Industry Council for
management and administration services for a $500,000
California Community Economic Enterprise Fund Grant. The
amendment extends the term of the agreement 24 months. The
contractor will operate the program without compensation -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
Page 354 October 26, 1999
October 26, 1999
99-344 14. Long Beach Genetics - Board approval is requested by the ~
District Attorney for an agreement with Long Beach Genetics
for the provision of paternity blood testing for the Family
Support Division. The term of the agreement is July 1, 1998,
through June 30, 1999. The fiscal year 1998-99 agreement is
being presented at this time due to an oversight in the
renewal process. The maximum amount payable for this
agreement is $50,000 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND
AUTHORIZE THE AUDITOR-CONTROLLER TO MAKE PAYMENTS FOR FISCAL
YEAR 1998-99 FROM PRIOR YEAR APPROPRIATIONS. (Contract No.
X11250}
15. Gates Library Incentive Grant Program - Board approval is
requested by the Director of Libraries for a grant
application to the Bill and Melinda Gates Foundation which
will provide hardware, software, and training to eligible
libraries - action requested - APPROVE GRANT APPLICATION AND
AUTHORIZE THE CHAIR AND THE DIRECTOR OF LIBRARIES TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
16. California State Library-California Library Literacy Service
Funds - Fiscal Year 1999-2000 - Board approval is requested
by the Director of Libraries to apply to the California State ,~,~
Library for matching funds for literacy services. The
California Library Literacy Service will provide a match of
approximately 23~ to the $70,840 in County Library Funds -
action requested -- APPROVE GRANT APPLICATION AND AUTHORIZE
THE DIRECTOR OF LIBRARIES AND THE AUDITOR-CONTROLLER TO SIGN
DOCUMENTS RELATED TO THE GRANT.
17. Local Government Used Oil Opportunity Grant - Fifth Cycle -
Board approval is requested by the Public Works Department,
along with the City of Oroville, City of Biggs, and Town of
Paradise, for a grant application to the California
Integrated Waste Management Board for a Local Government Used
Oil Opportunity Grant. The grant will focus on improvements
to the infrastructure for the collection of used motor oil,
oil filters, and household hazardous waste products. The
term of the grant is January 1, 2000, through May 31, 2002,
with a funding request of $699,553.70 - action requested -
ADOPT RESOLUTION 99-150 AUTHORIZING SUBMITTAL OF THE GRANT
AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE DIRECTOR
OF PUBLIC WORKS OR HIS DESIGNEE TO EXECUTE ALL NECESSARY
APPLICATIONS, CONTRACTS, PAYMENT REQUESTS, AGREEMENTS, AND
AMENDMENTS FOR THE CITIES, TOWN, AND COUNTY, FOR THE PURPOSE
OF IMPLEMENTING AND CARRYING OUT THE PURPOSES SPECIFIED IN
THE GRANT APPLICATION.
Page 355 October 26, 1999
October 26, 1999
99-394 18. Court Appointed Special Advocate (CASA} Grant Application -
Board approval is requested by the Superior Court of
California-County of Butte for a resolution in support of
Northern Valley Catholic Social Service applying to the
Judicial Council of California for a grant to establish and
maintain a CASA program designed to recruit, screen, select,
train, supervise, and support lay volunteers appointed by the
Court to assist abused and neglected children who are the
subject of judicial proceedings. Northern Valley Catholic
Social Service is not requesting County funds for the grant -
action requested - ADOPT RESOLUTION 99-151 AND AUTHORIZE THE
CHAIR TO SIGN,
19. Northern Valley California Youth and Family Programs ~ Soard
approval is requested by the Welfare Department for an
agreement with Northern Valley California Youth and Family
Programs for the provision of an Independent Living Program
as a component of Child Welfare Services. The term of the
agreement is July 1, 1999, through June 30, 2001, in the
maximum amount payable of $150,000 per fiscal year
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. {Contract No. X11497)
20. Enloe Hospital/Butte County Department of Behavioral Health
{BCDBH} - Options for Recovery Program - Board approval is
requested by the Welfare Department for an agreement with
Enloe Hospital and a Memorandum of Understanding (MOU) with
the Butte County Department of Behavioral Health for the
provision of training and services for the Options for
Recovery Program. The term of the agreement with Enloe
Hospital, for training, is July 1, 1999, through
June 30, 2000, with a maximum amount payable of $143,758
{department budget). Part of the required local match, not
to exceed $8,000, is to be paid by Enloe Hospital. The term
of the MOU is July 1, 1999, through June 30, 2000, and
provides for BCDBH to contribute $20,000 (department budget}
in matching funds for the program - action requested -
APPROVE AGREEMENT WITH ENLOE HOSPITAL AND AUTHORIZE THE CHAIR
TO SIGN; AND APPROVE MOU WITH BCDBH AND AUTHORIZE THE CHAIR
TO SIGN. (Contract No. X11392 [Enloe Hospital]} (135)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS
3.08 AND 3.14.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PRESENTATION OF RESOLUTION TO BERNARD "BERNIE" EUGENE LIGHTNER BY
CHAIR DOLAN.
Page 356 October 25, 1999
October 26, 1999
Retrular,.Aaenda
99-345 Update on Butte County Economic Development Activities and Program
Income Reuse Fund - action requested - ACCEPT FOR INFORMATION.
(221)
PRESENTATION TO THE BOARD BY JON GREGORY, DEPUTY DIRECTOR, TRI-
COUNTY ECONOMIC DEVELOPMENT CORPORATION AND MARC NEMANAC,
EXECUTIVE DIRECTOR, TRI-COUNTY ECONOMIC DEVELOPMENT CORPORATION,
HIGHLIGHTING COUNTY ECONOMIC DEVELOPMENT ACTIVITIES WHICH HAVE
OCCURRED IN THE LAST YEAR. MR. NEMANAC PRESENTED THE BOARD WITH
A CHECK FQR $197,415.70, WHICH REPRESENTED THE REPAYMENT OF A LOAN
MADE TO AN OROVILLE BUSINESS FROM THE COMMUNITY DEVELOPMENT BLOCK
GRANT ENTERPRISE FUND ACCOUNT.
99-396 Appointments - Commissions and Committees (605}
A. Appointments to committee vacancies. (NONE}
99-347 Update on legislative and budget activities. (611} JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT
THE SONOMA COUNTY SUPERIOR COURT HAS RULED IN FAVOR OF COUNTIES ON
LITIGATION INITIATED BY SONOMA COUNTY, AND JOINED BY BUTTE COUNTY
AND 54 OTHER COUNTIES, THAT ARGUED THAT THE EFFECT OF THE PROPERTY
TAX SHIFT WAS TO IMPOSE AN UNFUNDED MANDATE ON COUNTIES. IT IS
EXPECTED THAT THIS DECISION WILL BE APPEALED, BUT THE EFFORTS TO
RETURN PROPERTY TAXES TO COUNTIES CONTINUES. ALSO ADDRESSED WAS
THE POTENTIAL RECEIPT OF NATIONAL TOBACCO SETTLEMENT FUNDS; AND AN
UPDATE ON THE STATUS OF THE COUNTY'S APPLICATION TO THE COMMISSION
ON STATE MANDATES FOR A DETERMINATION OF FISCAL DISTRESS.
99-348 Butte County Performance Management:
1. Presentation to the Board on Butte County Performance
Management - action requested - BOARD DISCUSSION AND
DIRECTION. (799)
PRESENTATION TO THE BOARD BY JOHN S. BLACKLOCK, CHIEF
ADMINISTRATIVE OFFICER, SUMMARIZING THE PERFORMANCE MANAGEMENT
ACTIVITIES THE COUNTIES HAS BEEN WORKING TOWARDS IMPLEMENTING.
2. Presentation to the Board on Butte County Customer Service
Program - action requested - ADOPT BUTTE COUNTY CUSTOMER
SERVICE PROGRAM. (1175)
PRESENTATION TO THE BOARD BY DONALD TURKO, PERSONNEL DIRECTOR,
PRESENTING A PROPOSED COMPREHENSIVE COUNTY-WIDE CUSTOMER SERVICE
PROGRAM.
MOTION: I MOVE TO ADOPT THE BUTTE COUNTY CUSTOMER SERVICE PROGRAM_ „~
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
Page 357 October 26, 1999
October 26. 1999
RECESS: 10:05 A.M.
RECONVENE: 10:17 A.M.
Public Hearin and Timed Items
99-349 Public Hearing - Graves Appeal of a Condition Added to Hansen
Tentative Parcel Map -- consideration of an appeal of a condition
added during an extension of time to file a final map to create 4
parcels on a 7+ acre parcel so that each of the three existing
houses are each on a separate parcel with one 3.8 acre remainder.
The property is located on Lincoln Boulevard, south of Ophir Road,
across from Odie Way, adjacent on the north side of Nelsier
Place, Oroville, and identified as APN 036-219-021 - action
requested - STAFF HAS PROVIDED THE BOARD WITH THE FOLLOWING TWO
OPTIONS:
I. A. DENY THE APPEAL OF THE DEVELOPMENT REVIEW COMMITTEE'S
INCLUSION OF THE FOLLOWING ADDITIONAL CONDITION, "PRIOR
TO PARCEL MAP RECORDING, THE APPLICANT SHALL ADJUST THE
PROPERTY LINES TO ADHERE TO ZONING DISTRICT BOUNDARIES
AND ANY SEWAGE DISPOSAL SYSTEMS SHALL BE RELOCATED AS
NECESSARY TO CONFORM TO THE NEW LOT LINES"; AND
B. SUBJECT TO FINDINGS II (A-E) AS DETAILED IN THE STAFF
REPORT DATED OCTOBER 26, 1999, APPROVE THE EXTENSION OF
TIME FOR CHRISTINE HANSEN FOR TENTATIVE PARCEL
MAP 99-11 UNTIL JUNE 26, 20D9, SUBJECT TO THE
ADDITIONAL CONDITION; OR
II. A. UPHOLD THE APPEAL OF THE DEVELOPMENT REVIEW COMMITTEE'S
INCLUSION OF THE ADDITIONAL CONDITION AND INCLUDE THE
FOLLOWING ALTERNATIVE CONDITION: PLACE A NOTE ON A
SEPARATE DOCUMENT WHICH IS TO BE RECORDED CONCURRENTLY
WITH THE MAP OR ON AN ADDITIONAL MAP SHEET THAT STATES,
"NO LIGHT INDUSTRIAL LAND USES OR IMPROVEMENTS AS
DEFINED UNDER SECTION 24-175 M-1 (LIGHT INDUSTRIAL) OF
THE BUTTE COUNTY CODE ARE ALLOWED ON THAT PORTION OF
PARCEL 3 ZONED M°1." ALSO SHOW ON THE MAP SHEET A
25 FOOT SETBACK ALONG THE EAST PROPERTY LINE OF
PARCEL 3 AND IDENTIFY AS FOLLOWS, "NOT TO BE OCCUPIED
BY BUILDTNGS, ACCESSORY BUILDINGS OR OTHER STRUCTURES";
AND
B. SUBJECT TO FINDINGS II (A-E) AS DETAILED IN THE STAFF
REPORT DATED OCTOBER 26, 1999, APPROVE THE EXTENSION OF
TIME FOR CHRISTINE HANSEN FOR TENTATIVE PARCEL
MAP 99-11 UNTIL JUNE 26, 2004, SUBJEGT TO THE
ALTERNATIVE CONDITION AS DETAILED IN THE STAFF REPORT
DATED OCTOBER 26, 1999. (2001)
Page 358 October 26, 1999
October 26. 1999
99-349 PUBLIC HEARING OPENED: 10:20 A.M.
PUBLIC HEARING CLOSED: 10:24 A.M.
MOTION: I MOVE TO UPHOLD THE APPEAL OF THE DEVELOPMENT REVIEW COMMITTEE'S
INCLUSION OF THE ADDITIONAL CONDITION AND FIND THAT IN ACCORDANCE
WITH BUTTE COUNTY CODE SECTION 24-25.15(2), THE BOUNDARY BETWEEN
THE A-R 1 (AGRICULTURAL RESIDENTIAL-1 ACRE MINIMUM) ZONE AND M-1
(LIGHT INDUSTRIAL) ZONE WHICH LIES ON PARCEL 3 QF THIS TENTATIVE
MAP BE CONSTRUED TO FOLLOW THE PROPERTY LINE BETWEEN PARCELS 2 AND
3; AND SUBJECT TO THE FINDING THAT THE CUSTER LANE REZONE CREATED
A ZONE BOUNDARY DISPUTE WITH REGARD TO TENTATIVE PARCEL MAP 97-11,
AND IN ACCORDANCE WITH BUTTE COUNTY CODE SECTION 24-28-15(2), THE
ZONE BOUNDARY SHALL BE CONSTRUED TO FOLLOW PROPERTY LINES AS
SUPPORTED BY THE FOLLOWING: 1.)TENTATIVE PARCEL MAP 97-11 WAS
APPROVED BUT WAS NOT CONSIDERED BY THE BOARD OF SUPERVISORS AT THE
TIME OF APPROVAL OF THE CUSTER LANE REZONE; AND 2.) THE M-1 AND
AR-1 ZONE BOUNDARIES ON PARCEL 3 LIMIT ANY USABILITY OF THE M-1
ZONE DUE TO ITS CLOSE PROXIMITY TO THE PROPERTY LINE; I MOVE TO
APPROVE THE EXTENSION OF TIME FOR CHRISTINE HANSEN FOR TENTATIVE
PARCEL MAP 99-11 UNTIL JUNE 26, 2004.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
99-350 Public Hearing - Consideration of a Late Appeal pursuant to Butte _
County Code Section 20-66 (d} for the Robert Taggart and Aileen
Selvester Tentative Parcel Map - action requested - MAKE NECESSARY
FINDINGS AND APPROVE THE REQUEST TO PRESENT A LATE APPEAL; OR DENY
THE REQUEST TO PRESENT A LATE APPEAL. (2397)
MOTION: SUBJECT TO THE FINDINGS THAT; 1.) THE PROPOSED CHANGE IN THE
CONDITION(S) WILL NOT ADVERSELY AFFECT OR CAUSE A MODIFICATION OF
THE FINDINGS AND DETERMINATIONS MADE IN THE ENVIRONMENTAL REVIEW
PROCESS; 2.) THE PROPOSED CHANGE IN THE CONDITION(S) WILL NOT
BRING ABOUT AN INCONSISTENCY TO THE GENERAL PLAN, OR TO THE ZONE
OR TO ANY SPECIFIC PLANS FOR THE PROPERTY IN QUESTION; 3.) THE
FACTS ARE PRESENTED GIVING GOOD AND SUFFICIENT REASON WHY THE
CONDITIONS(S) TN QUESTIONS WERE NOT APPEALED WITHIN THE TEN-DAY
PERIOD; AND 4.) THE PARCEL MAP OR FINAL MAP OR OTHER REQUIRED
DOCUMENTS HAVE NOT BEEN RECORDED; I MOVE TO APPROVE THE REQUEST TO
PRESENT A LATE APPEAL FOR THE RO$ERT TAGGART AND AILEEN SELVESTER
TENTATIVE PARCEL MAP.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 359 October 26, 1999
Octaber 26. 1999
99-351 Public Hearing - Taggart - Appeal of a Condition of a Tentative
Parcel Map (item on which a negative declaration regarding
environmental impacts has been recommended} to divide a 101+ acre
parcel into three parcels; two parcels at 13.5 acres and one at 74
acres, on property zoned TM-5 {Timber Mountain - 5 acre parcels)_
The property is located along both sides of Highway 32 at the
north intersection of Stage Road and Highway 32, north of Forest
Ranch, identified as APN 056-240-038 (SB ~File~ TPM 99-07]} --
action requested - STAFF HAS PROVIDED THE BOARD WITH THE FOLLOWING
TWO OPTIONS:
I. A. CONCUR WITH THE DEVELOPMENT REVIEW COMMITTEE AND DENY
THE APPEAL OF CONDITION 12 AS DETAILED IN THE STAFF
REPORT DATED OCTOBER 26, 1999; AND
B. SUBJECT TO FINDINGS II (A AND B) AS DETAILED IN THE
STAFF REPORT DATED OCTOBER 26, 1999, APPROVE THE
TENTATIVE PARCEL MAP FOR ROBERT TAGGART AND AILEEN
SELVESTER WITH CONDITION 12 AS APPROVED BY THE
DEVELOPMENT REVIEW COMMITTEE; OR
TT. A. UPHOLD THE APPEAL OF CONDITION 12 AND INCLUDE THE
FOLLOWING ALTERNATIVE CONDITION: CONDITION 12 - FOR THE
PARCELS LYING WESTERLY ON STATE HIGHWAY 32, PROVIDE
APPROVED ACCESS TO THE EXISTING 20-FOOT ACCESS OPENING
ON SAID HIGHWAY. PLACE A NOTE ON AN ADDITIONAL MAP
SHEET OR ON A DOCUMENT TO BE RECORDED CONCURRENTLY WITH
THE MAP THAT STATES, "NO FURTHER DIVISION OR
DEVELOPMENT OF THE PARCELS WESTERLY OF STATE HIGHWAY
32, BEYOND A SINGLE FAMILY RESIDENCE AND APPURTENANT
STRUCTURES, WILL BE ALLOWED UNTIL SUCH TIME AS APPROVED
ACCESS, CONFORMING TO BUTTE COUNTY STANDARDS, SERVES
THESE PARCELS."; AND
B. SUBJECT TO FINDINGS II (A-E) AS DETAILED IN THE STAFF
REPORT DATED OCTOBER 26, 1999, APPROVE THE TENTATIVE
PARCEL MAP FOR ROBERT TAGGART AND AILEEN SELVESTER.
(2915)
Page 360 October 26, 1999
October 26 1999
99-351 PUBLIC HEARING OPENED: 10:29 A.M. "'~
PUBLIC HEARING CLOSED: 10:30 A.M.
MOTION: I MOVE TO UPHOLD THE APPEAL OF CONDITION 12 AND INCLUDE THE
FOLLOWING ALTERNATIVE CONDITION: CONDITION 12 - FOR THE PARCELS
LYING WESTERLX ON STATE HIGHWAY 32, PROVIDE APPROVED ACCESS TO THE
EXISTING 20-FOOT ACCESS OPENING ON SAID HIGHWAY AND PLACE A NOTE
ON AN ADDITIONAL MAP SHEET OR ON A DOCUMENT TO BE RECORDED
CONCURRENTLY WITH THE MAP THAT STATES, "NO FURTHER DIVISION OR
DEVELOPMENT OF THE PARCELS WESTERLY OF STATE HIGHWAY 32, BEYOND A
SINGLE FAMILY RESIDENCE AND APPURTENANT STRUCTURES, WILL BE
ALLOWED UNTIL SUCH TIME AS APPROVED ACCESS, CONFORMING TO BUTTE
COUNTY STANDARDS, SERVES THESE PARCELS"; AND SUBJECT TO FINDINGS
IT (A-E) AS DETAILED IN THE STAFF REPORT DATED OCTOBER 26, 1999,
I FURTHER MOVE TO APPROVE THE TENTATIVE PARCEL MAP FOR ROBERT
TAGGART AND ATLEEN SELVESTER.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Aoenda
99-352 Integrated Storage Investigation Program -- presentation to the
Board by Naser Bateni, Principal Engineer, State Department of
Water Resources, regarding the Integrated Storage Investigation
Program - action requested - ACCEPT FOR INFORMATION. (2665}{**00)
PRESENTATION TO THE BOARD BY NASER BATENI, PRINCIPAL ENGINEER,
STATE DEPARTMENT OF WATER RESOURCES, HIGHLIGHTING WATER STORAGE
OPTIONS UNDER CONSIDERATION BY THE DEPARTMENT OF WATER RESOURCES.
BOARD DIRECTION THAT THE HANDOUT PRESENTED BY MR. BATENI BE
REFERRED TO THE WATER COMMISSION FOR CONSIDERATION AND PREPARATION
OF A RECOMMENDATION TO THE BOARD.
99-353 Water Inventory/Analysis - consideration of an agreement with the
California Department of Water Resources to accept funding to
complete a Water Inventory/Analysis - action requested - AUTHORIZE
THE DIRECTOR OF WATER AND RESOURCE CONSERVATION TO SIGN THE
NECESSARY AGREEMENTS TO ACCEPT FUNDING TO COMPLETE A WATER
INVENTORY/ANALYSIS. (**805)
MOTION: I MOVE TO AUTHORIZE THE DIRECTOR OF WATER AND RESOURCE
CONSERVATION TO SIGN THE NECESSARY AGREEMENTS TO ACCEPT FUNDING TO
COMPLETE A WATER INVENTORX/ANALYSIS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
99-354 Year 2000 (Y2 K) Compliance Update - presentation to the Board
regarding the status of County operating systems, embedded chip
inventory, and staffing recommendations - action requested -
ACCEPT FOR INFORMATION. (**I000)
ITEM CONTINUED TO MEETING OF NOVEMBER 9, 1999; NO ACTION TAKEN.
Page 361 October 26, 1999
October 26, ,_1999
99-355 Herger-Feinstein Quincy Library Group Forest Recovery Act Draft
Environmental Impact Statement:
2. Consideration of a resolution for the Herger-Feinstein Quincy
Library Group Forest Recovery Act Draft Environmental impact
Statement - action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN. {**1009)
ITEM REMOVED FROM THE AGENDA; NO ACTION TAKEN.
RECESS: 11:16 A.M.
RECONVENE: 11:25 A.M.
Re_gular Agenda
99-356 Development Services/Public Works User Groups - action requested -
BOARD DIRECTION REGARDING USER GROUPS FOR DEVELOPMENT SERVICES AND
PUBLIC WORKS. (**1109)
DISCUSSION OF P05SIBLE SOLUTIONS WHICH WHERE RAISED THROUGH THE
,_,~, USER GROUP MEETINGS DESIGNED TO ADDRESS CONSUMER AND STAFF
CONCERNS WITH THE DEPARTMENT OF DEVELOPMENT SERVICES AND PUBLIC
WORKS DEPARTMENT.
99-357 Herger-Feinstein Quincy Library Group Forest Recovery Act Draft
Environmental Impact Statement:
1. Consideration of a resolution which would rescind Resolution
99-93 pursuant to Government Code Section 54960.1(e), (f) -
action requested - ADOPT A RESOLUTION RESCINDING RESOLUTION
99-93 AND AUTHORIZE THE CHAIR TO SIGN. (**2930)(***00)
MOTIQN: I MOVE TO ADOPT RESOLUTION 99-152 RESCINDING RESOLUTION 99-93 AND
AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
ITEM NO. 2 REMOVED FROM THE AGENDA WTTHOUT ACTION UNDER MINUTE
ORDER NO. 99-355.
RECESS: 12:32 P.M.
RECONVENE: 12:43 P.M.
Page 362 October 26, 1999
October 26 1999
99-358 Consideration of Amendment{s) to Butte County Code Chapter 13,
Article I, Entitled "Grading" - consideration of amendment(s) to
the provisions of Butte County Code, Chapter 13, Article I, as
directed by the Board of Supervisors at the meeting of
October 20, 1999 - action requested - DETERMINE WHICH PROPOSED
AMENDMENT(S) SHOULD BE INCLUDED IN THE ORDINANCE AND MODIFY THE
DRAFT ORDINANCE ACCORDINGLY; AND INTRODUCE AND WAIVE THE READING
OF THE RESULTING ORDINANCE ENTITLED, "AN ORDINANCE AMENDING BUTTE
COUNTY CODE SECTIONS 13-2, ENTITLED `DEFINITIONS', AND 13-5,
ENTITLED `EXEMPTIONS', OF ARTICLE 1, ENTITLED `GRADING', OF
CHAPTER 13 OF THE BUTTE COUNTY CODE." {***456)
MOTION: I MOVE TO ENACT AN AMENDMENT TO EXCLUDE SUPERVISORAL DISTRICT 1
FROM THE GRADING ZONE.
M
VOTE: 1 2 3 4 5 (Motion Dies for Lack of Second)
MOTION: I MOVE TO AMENb BUTTE COUNTY CODE CHAPTER 13, ARTICLE I, ENTITLED
"GRADING" AS FOLLOWS: 1.) AMENDMENT TO SEC'~ION 13-5(a},
EXEMPTION - CHANGE THE APPENDIX CHAPTER REFERRED TO FROM "70" TO
"33"; 2.} AMENDMENT TO SECTION 13-5(e), EXEMPTION - ADD LANGUAGE
REGARDING DRIVEWAY ACCESS WHICH WOULD EXPAND THE ROAD EXEMPTION TO
INCLUDE CONSTRUCTION OF DRIVEWAYS AS AUTHORIZED BY A VALID
BUILDING AND/OR GRADING PERMIT AS PROVIDED FOR UNDER APPENDIX
CHAPTER 33 OF THE UNIFORM BUILDING CODE; 3.) AMENDMENT TO SECTION
13-5(i), EXEMPTION - ADD LANGUAGE REGARDING DISCRETIONARY
ENTITLEMENTS AND AGREEMENTS AND REVIEW OF THE PRELIMINARY GRADING
PLANS BY BROADENING THE SCOPE OF THE EXEMPTION PERTAINING TO
DISCRETIONARY APPROVALS, BUT MAKES REVIEW OF PRELIMINARY GRADING
PLANS NECESSARY TO QUALIFY FOR THE EXEMPTION; 4.} NEW EXEMPTION
13-5(j) REGARDING COMMERCIAL AND INDUSTRIAL PROPERTIES - ADD NEW
COMMERCIAL AND INDUSTRIAL PROPERTY EXEMPTION BY PROVIDING AN
EXEMPTION FOR GRADING ON PROPERTY WHICH IS ZONED COMMERCIAL OR
INDUSTRIAL; 5.) NEW EXEMPTION 13-5(k} REGARDING STORM DRAINAGE
PROJECTS - ADD AN EXEMPTION FOR WATERSHED STORM DRAINAGE PROJECTS
BY PROVIDING AN EXEMPTION FOR GRADING FOR STORM DRAINAGE OR
EROSION AND SEDIMENT CONTROL PROJECTS; AND 6.) AMENDMENT TO BUTTE
COUNTY CODE SECTION 26-3.1 - AMEND THE APPENDIX CHAPTER 33
"TRIGGER POINT" BY RAISING THE TRIGGER POINT FOR CHAPTER 33
GRADING PERMITS FROM THE PRESENT LEVEL OF 50 CUBIC XARDS TO THE
HIGHER LEVEL OF 1,000 CUBIC YARDS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO WAIVE THE READING OF THE ORDINANCE AS AMENDED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 363 October 26, 1999
October 26. 1999
99-359 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING
ACTION ON ANY ITEM IF IT IS NOT LISTED ON THE AGENDA.)
1. James Yonkers, President, Golden State Mobilehome Owners
League, Chapter 1794, requests the Board place an item on the
agenda, at a later date, to establish a mabilehome rent
stabilization ordinance.
2. Murray Williamson, addresses the Board to request that a rent
stabilization ordinance be placed on the agenda.
3. George Menas requested the Board provided more information
on Closed Session agenda items.
4. Tim Sosquet requests the Board investigate the charges being
charged by County offices for copies.
99-360 CLOSED SESSION: The Board recessed at 2:08 p.m. to a closed
session conference to consider public employee
performance evaluations pursuant to Government
Code Section 54957: Agricultural Commissioner;
Chief Administrative Officer; County Counsel;
Director - Behavioral Health; Director -
Development Services; Director - Information
Systems; Director - Libraries; Director -
Personnel; Director - Public Health; Director -
Public Works; Director - Water and Resource
Conservation; Director - Welfare; and Health
Officer; and a conference with labor negotiators
pursuant to Government Code Section 54957.6:
Agency Negotiators: William Avery and Donald
Turko. Employee Organizations: Butte County
Employees Association {General Unit); Butte
County Management Employees Association
(Management, Confidential, and Supervisory Unit);
and Communication Workers of America (Social
Services Workers Unit). (****249) ALL OTHER
CLOSED SESSION ITEMS LISTED ON THE AGENDA WERE
REMOVED; NO ACTION TAKEN.
Page 364 October 26, 1999
October 26, 1999
99-360 RECONVENE: The Board reconvened at 3:05 p.m. from a closed
session conference with labor negotiators
pursuant to Government Code Section 54957.6:
Agency Negotiators: William Avery and Donald
Turko. Employee Organizations: Butte County
Employees Association (General Unit); Butte
County Management Employees Association
(Management, Confidential, and Supervisory Unit);
and Communication Workers of America (Social
Services Workers Unit). {PUBLIC EMPLOYEE
PERFORMANCE EVALUATIONS WERE NOT DISCUSSED}
99-361 Items removed from the Consent Agenda far Board consideration and
action. (****465)
SUPERVISOR HOUX NOT PRESENT
1. Lee Rosenthal - Board approval is requested by the
Administrative Office for an agreement with Lee Rosenthal,
Attorney, for the provision of legal services in the area of
redevelopment. The term of the agreement is one year, but
may be continued in effect after the expiration, unless
canceled according to the terms of the agreement. Funds for
the agreement are available in the Administrative Office
budget - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
MOTION: I MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
S M
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
SUPERVISOR HOUX PRESENT
2. Adoption of a Salary Ordinance Amendment - the Personnel
Department has prepared a salary ordinance amendment which
provides adjustments for appointed department heads, elected
officials, and the County Health Officer in conformance with
the compensation program for appointed and elected department
heads - action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 10--12-99)
MOTION: I MOVE TO ADOPT ORDINANCE 3561 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
Page 365 October 26, 1999
October 26, 1999
Communications
99-362 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. W. John Schmidt, Executive Director, State of California,
Department of Fish and Game, Wildlife Conservation Board,
writes the Board to give notice of a meeting to be held
November 18, 1999, to discuss the donation of mineral rights
to the State in the wildlife area known as the Grey Lodge
Wildlife Area.
B. Maxine Richards and James Yonkers of the Golden State
Mobilehome Owners League, Inc., write to the Board requesting
to be put on the agenda• to discuss a rent stabilization
ordinance.
ADJOURNMENT: There being no further business before the Board
the meeting was adjourned at 3:24 p.m. to
reconvene at a regular meeting to be held on
Tuesday, November 9, 1999, at 9:00 a.m.
NE DOLAN, Chair
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of~the B rd of Supervisors
Page 366 October 26, 1999