HomeMy WebLinkAboutM102798MINUTES
October 27, 1998
R. J. BEELER,1 st District
JANE DOLAN, 2nd District
MARY ANNE HOUX 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAMS, 5th District
Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Supervisors Beeler, Dolan, Houx,
3osiassen, and Chair Davis. Also present, John S. Blacklock,
Chief Administrative Office; Susan Minasian, County Counsel,
and Marion Reeves, Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of
America.
Invocation - Pastor Mac McComas, Oroville Rescue Mission,
Oroville.
98-320 Items removed from the Consent Agenda for Board consideration
and action.
1. Speed zone ordinance on various County roads - the Butte
County Department of Public works is charged with the
responsibility of studying, recommending, constructing,
and maintaining traffic control measures within the
system of County roadways. The Board legally establishes
the traffic control measures through ordinances in
concurrence with the California Vehicle Code. Proposed
is an ordinance the Public Works Department has prepared
which will establish speed limits on various roads within
the County of Butte (pursuant to Vehicle Code Section
22358) - action requested - WAIVE READING OF THE
ORDINANCE.
Page 335 October 27, 1998
October 27 1998
Consent Agenda
98-321 1. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS B-059 (DEVELOPMENT SERVICES [4/5 vote
required]); B-066 (BEHAVIORAL HEALTH); 5-061 (BEHAVIORAL
HEALTH); AND B-060 (DISTRICT ATTORNEY).
2. County Library donations - in accordance with Government
Code Section 25355, donations of $1,237 from Oroville
Friends of the Library; 5300 from AAUW-Oroville Branch;
$175 from Gridley Friends of the Library; and 5100 from
Nadine Doerr, Oroville, have been received for the Butte
County Trust Fund for the purchase of books - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
3. Oroville Mosquito Abatement District - action
requested - APPOINT STAN STARKEY TO A VACATED TERM TO
EXPIRE DECEMBER 31, 199$.
4. Butte County Housing Authority Board - action requested -
REAPPOINT LEONARD WHITEGON, DISTRICT 3, TO A TERM TO
EXPIRE DECEMBER 31, 2002.
5. Surplus Property - vehicles - various County Departments
have transferred 19 vehicles to County surplus. These ~--
vehicles are either beyond economic repair or are no
longer utilized by the departments - action requested -
DECLARE VEHICLES SURPLUS TO THE NEEDS OF THE COUNTY AND
AUTHORIZE DISPOSAL IN ACCORDANCE WITH COUNTY CODE.
6. Award of Bid No. 21--98 - Fire Department - bids have been
opened for the paving of the driveway and parking lot at
Fire Station 64 (Kelly Ridge) with the Iow bidder being
CASCO of Chico in the amount of $20,720 (department
budget) - action requested - AWARD BID.
7. Award of Bid No. 24-99 - Behavioral Health Van - bids
have been opened for the purchase of a 12-passenger van
for the Behavioral Health Department with the low bidder
being Lasher Auto Center of Woodland in the amount of
$22,916.06, including sales tax and Department of Motor
Vehicle fees (department budget) - action requested --
AWARD BID.
8. District Attorney-Criminal Division - Beard approval is
requested for the purchase of a replacement fax machine
for the District Attorney-Criminal Division. The current
high volume fax machine has had technical failures and
requires replacement. Due to the high volume of faxes
received by the District Attorney's Office and the
resolution required to receive fingerprint faxes, a high
performance fax machine (in an amount not to exceed
$8,000 [department budget]) is needed by the department -
action requested - APPROVE BUDGET TRANSFER B-065 AND
AUTHORIZE THE PURCHASE OF A FIXED ASSET ITEM.
Page 336 October 27, 1998
October 27, 1998
98-321 9. Office of Traffic Safety Grant (oTS) - the Eire
Department requests Board approval of revenue adjustments
to the OTS equipment grant award included in the fiscal
year 1998-99 final budget. The grant equipment purchases
were included in the final budget, but no specific items
were defined pending the final grant award. The final
award has been received and Board authorization is
requested to purchase: 3 Holmatro pumps ($13,680);
3 Holmatro cutting tools ($11,271); 3 Holmatro rams
($11,029); and 7 sets of Holmatro lifting bags ($15,834);
including tax and training costs ($4,185.30) - action
requested - APPROVE BUDGET TRANSFER B-063 AND AUTHORIZE
THE PURCHASE OF FIXED ASSET ITEMS.
10. Durham Irrigation District - approval of a tax
exchange agreement - the Local Agency Formation
Commission (LAFCo) has received an annexation application
from the Durham Irrigation District {LAFCo File No. 99-
10). The District does not have a Master Property Tax
Agreement with the County, and has certified that the
change of organization will be revenue neutral - action
requested - APPROVE TAX EXCHANGE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
11. Inmate Welfare Fund - pursuant to Penal Code 4025, the
.- Sheriff-Coroner submits an annual itemized report of
expenditures from the Inmate Welfare Fund for fiscal
year 1997-98 - action requested - ACCEPT FOR INFORMATION.
12. Fiscal Year 1998-99 Transit/Transportation Claims - as
required by the Transportation Development Act, the
Public Works Department has prepared claims for SB 620
funds far public transportation projects, and SB 325
funds for public transportation and streets and roads
projects. These funds are included in the Department's
fiscal year 1998-99 budget -- action requested - APPROVE
CLAIMS AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN
ON BEHALF OF THE COUNTY.
13. Monthly Investment Report - the Treasurer-Tax Collector
submits the September 30, 1998, report in accordance with
the Butte County Statement of Investment Policy dated
July 1, 1998 - action requested - ACCEPT FOR INFORMATION.
Page 337 October 27, 1998
October 27, 1998
98-321 14. Adoption of a salary ordinance amendment - the Personnel
Department submits a proposed ordinance which implements
changes resulting from the adoption of the various
Memorandums of Understanding as fallaws: Personnel
Department: deletes one term position of Personnel
Analyst I (term to end 12-31-98); adds one position of
Personnel Analyst I; County Counsel: deletes one
position of Legal Secretary II/I; adds one position of
Office Assistant III/II/I; District Attorney-Criminal
Division: creates new classification of Director-
District Attorney Administration; adds one position of
Director-District Attorney Administration; Public Health-
General Services: adds one term position of Public Health
Assistant I (term to end 6-30-99) - action requested -
ADOPT ORDINANCE 3452 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 10-13-98)
15. Adoption of an ordinance to repeal Urgency
Ordinance No. 3443 prohibiting commercial vehicles
exceeding a gross weight of 14,000 pounds on certain
County roads - the urgency ordinance was enacted in
response to the closing of the State Highway 162 bridge
over the Feather River for repair work. Since the repair
work has been completed and traffic is once again allowed
to cross the bridge, the Director of Public Works
recommends the Urgency Ordinance be rescinded - action
requested - ADOPT ORDINANCE 3453 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 10-13-98)
16. Introduction of a salary ordinance amendment - the
proposed salary ordinance implements a suggested salary
increase for the Butte County Director of Welfare
following her October 13, 1998, closed session
performance evaluation, retroactive to July 11, 1998 -
action requested - WAIVE READING OF THE ORDINANCE.
17. Butte County Library - the Library has received an
additional $120,505 Public Library Fund (PL F) allotment -
action requested:
A. APPROVE BUDGET TRANSFER B-064 ACCEPTING AND
APPROPRIATING $120,505 IN UNANTICIPATED REVENUE;
AND,
B. Introduction of a salary ordinance amendment - in
response to the additional PLF funds received by
the Library, the Personnel Director has prepared a
salary ordinance amendment which implements the
following changes: adds one three-quarter (75~)
time term position of Librarian III (term to end
6-30-99), and five positions of Library Assistant
II/I; reclassifies one position of Secretary T to ~
Secretary II/I, and two positions of Office
Assistant II/I to Office Assistant III/Ii/I -
action requested - WAIVE READING OF THE ORDINANCE.
Page 338 October 27, 1998
i-. .,
October 27, 1998
98-321 18. Program Supplement No. M013 to Administering Agency -
State Agreement No. 03-5912, modified November 29, 1995,
for Federal-Aid Projects requires execution of a Program
Supplement to the Master Agreement. Program Supplement
M013 provides funding ($137,325) for reimbursement of
construction costs for 1998 storm damage restoration on
Forbestown Road, 0.4 miles northwest of Robinson Mill
Road; Project Na. ER-3614(002) - action requested -
APPROVE PROGRAM SUPPLEMENT AND ADOPT RESOLUTION 98-157
AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENT M013 AND
AUTHORIZE THE CHAIR TO SIGN.
19. Notice of Completion of work for storm damage repair on
portions of Wilson Landing Road, Cana Highway and Cana
Pine Creek Road; County Project No. SDR-98-4 - all work
has been completed in accordance with the plans and
specifications - action requested - ACCEPT CONTRACT WORK;
AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND
AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION.
20. Notice of Completion of work for construction of traffic
signal installation at the intersection of Lower
Wyandotte Road and Las Plumas Avenue; County Project
No. 23501-96-1 - all work has been completed in
accordance with the plans and specifications - action
requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO
SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE THE
RECORDING OF THE NOTICE OF COMPLETION.
21. Sierra Health Foundation Grant - proposed is a grant
application submitted by the Administrative Office in the
amount of $250,000 (funding a 17-month period commencing
April 1, 1999) for funds to complete construction of the
Southside Oraviile Community Center which will provide a
site for essential services to address adult day health
care issues. It is anticipated that the Peg Taylor
Center for Adult Day Health Care in Chico will establish
a satellite project within the Southside Community Center
enabling a full provision of services without duplication
of administrative costs - action requested - APPROVE
GRANT APPLICATION AND AUTHORIZE THE CHAIR OR THE CHIEF
ADMINISTRATIVE OFFICER TO SIGN ALL DOCUMENTS RELATED TO
THE GRANT.
Page 339 October 27, 1998
October 27, 1998
98-321 22. Parent Education Network, Inc. (PEN) - Chico
Juvenile Grime Prevention Project, First Offenders
Revenue Agreement - Board approval is requested by the
Butte County Department of Behavioral Health (BCDBH) for
a revenue agreement with PEN far the provision of
services in support of the Governor's Juvenile Crime
Prevention Project. Under the terms of the agreement
BCDBH will provide comprehensive group, family, and
individual counseling; tutoring, parenting education, and
related support services to children who have
demonstrated the potential for serious criminal
involvement. The term of the agreement is July 1, 1998,
through June 30, 1999, with a revenue maximum to BCDBH of
$304,714 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
23. Parent Education Network, Inc. (PEN) - Board approval is
requested by the Butte County Department of Behavioral
Health (BCDBH) for, an agreement with PEN for the
provision of in-home mental health services to Butte
County children and their families. The term of the
agreement is July 1, 1998, through June 30, 1999, in the
maximum amount of $108,000 (department budget) - action
requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
29. State Department of Mental. Health - Amendment A-1 -
the Butte County Department of Behavioral Health (BCDBH)
requests Board approval of an amendment to the revenue
agreement with the State Department of Mental Health.
The amendment provides for an increased allocation to
BCDBH in the amount of $300 for. professional services for
beneficiaries who are residing in institutions for mental
disease. The term of the agreement remains
April 1, 1998, ~.hrough June 30, 2000, with an amended
maximum amount of $365,518 - action requested - APPROVE
BUDGET TRANSFER E-068 ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE IN THE AMOUNT OF $300 {4/5 vote
required); ADOPT RESOLUTION 98-158 ACE{NOWLEDGING
INCREASED REVENUE. AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE AMENDMENT AND AU_THORiZE THE CHAIR TO SIGN.
{Contract. No: R90062)
25. Spousal Abuser Prosecution Program Grant - Board approval
is requested by the District Attorney to apply far
continued funding .from the Department of Justice
for a Spousal Abuser Prosecution Program. This
application covers the period of July 1, 1998, through
June 30, 1999 - action requested. - ADOPT RESOLUTION
98-159 AUTHORIZING THE DISTRICT ATTORNEY TO UNDERTAKE
GRANT AWARD AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 390 October 27, 1998
October 27. 1998
98-321 26. State of California, Department of Water Resources -
the Department of Public Works is requesting the Board
approve an agreement for lands, easements, and rights-of-
way with the Department of Water Resources. This
agreement is a necessary step in the process to initiate
the levee repair and restoration project of the Mud Creek
Flood Control Levee System by the Army Corps of
Engineers - action requested - APPROVE AGREEMENT AND
ADOPT RESOLUTION 9B-160 AUTHORIZING THE CHAIR TO SIGN;
AND AUTHORIZE THE DIRECTOR 0~' PUBLIC WORKS TO EXECUTE THE
AUTHORIZATION FOR ENTRY.
27. Family Preservation and Support Program - Community
Alternatives to Violence {FPSP-CAV) Amendment No. 2 - on
May 27, 1997, the Board approved a multi-year contract
with the California Department of Social Services for
FPSP-CAV funds, and approved an agreement with Northern
Valley Catholic Social Services (NVCSS) to administer the
program, As of June 30, 1998, the fiscal year 1997-98
FPSP--CAV allocation had $8,540 remaining in unexpended
funds. Board authorization is requested for an agreement
amendment which would reduce the fiscal year 1997-98
agreement with NVCSS by $8,540, and increase the maximum
amount payable for fiscal year 1998-99 by $8,540 - action
requested - APPROVE BUDGET TRANSFER B-067 ACCEPTING AND
APPROPRIATING $8,540 IN UNANTICIPATED REVENUE (4/5 vote
required} AND APPROVE AMENDMENT NO. 2 TO THE AGREEMENT
WITH NVCSS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(contract No. X10524)
28. Northern California Youth and Family Programs of Chico -
Board approval is requested for an amendment to the
agreement with the Department of Social welfare for the
provision of independent living services designed to
assist youths in foster care achieve self-reliance. The
amendment extends the term of the contract to
September 30, 1999, and increases the amount payable by
$68,750 (department budget). The amendment also
establishes Northern California Youth and Family
Programs of Chico as the single contractor for the
remainder of the agreement - action requested -- APPROVE
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
{Contract No. X10416)
Page 341 October 27, 1998
October 27. 1998
98-321 29. West Coast Data Connect - Berard approval is requested for
an agreement with the Department of Social Welfare for
the provision of additional data cabling in the Butte
Community Employment Center, Chico. The agreement is in
the .amount of $43,782 (department budget) plus an
additional amount not to exceed $4,378 for services which
may become necessary during the course of the project.
The Director. of Information Systems and the County
Communications Department support this agreement - action
requested - APPROVE $UDGET TRANSFER B-062; AND APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL~AND THE AUDITOR-CONTROLLER.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM
3.21.
M S .
VOTE: 1 Y 2 Y 3~Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
98-322 Appointments - commissions and committees.
A. Appointments to committee vacancies. (NONE}
98-323 Update 'on-legislative and budget activities.
A. Wrap-up of the 1997-98 legislative year and forecast for
the 1998-99 legislative year. - action requested - ACCEPT
FOR INFORMATION. (77}
PRESENTATION TO THE BOARD BY DALE.WAGERMAN, COUNTY LOBBYIST,
SIJNIl+lARIZING THE 1997-98 LEGISLATIVE YEAR AS IT PERTAINED TO THE
COUNTY OF BUTTE,. AND PRESENTING A FORECAST OF THE 1998-99
LEGISLATIVE YEAS. .
98-324 Report to the Board - Butte County Task Force on AIDS Annual
Report - presentation to the• Board by Kathryn Kolb-Lucas, RN,
PHN - action requested - AGGEPT FOR INFORMATION. (570)
PRESENTATION TO THE BOARD BY KATHRYN KOLB-LUCAS, BUTTE COUNTY
TASK FORCE ON AIDS.
Page 342 October 27, 1998
October 27, 1998
98-325 Community Services Districts - Tax Exchange Agreement
Negotiations:
A. Lime Saddle Community Services District - presentation
of information from the Auditor-Controller pursuant
to Section 99 et seq of the Revenue and Taxation Code --
action requested - ACCEPT FOR INFORMATION.
B. Lime Saddle Community Services District - presentation of
information from the Administrative Office - action
requested:
1. ADOPT A RESOLUTION TRANSFERRING THE LIME SADDLE
COMMUNITY SERVICES DISTRICT'S ALLOCATION OF
PROPERTY TAX REVENUE TO THE COUNTY GENERAL FUND
UPON THE DISTRICT'S DISSOLUTION AND AUTHORIZE THE
CHAIR TO SIGN; AND
2. RECOMMEND TO THE LOCAL AGENCY FORMATION COMMISSION
(LAFCo) THAT THE DISPOSITION OF MONETARY AND
PHYSICAL ASSETS OF THE LIME SADDLE COMMUNITX
SERVICES DISTRICT BE MADE IN ACCORDANCE WITH THE
PROVISIONS OF GOVERNMENT CODE SECTION 57457.
C. Magalia County Water District - presentation of
information from the Auditor-Controller pursuant to
Section 99 et seq of the Revenue and Taxation Code -
action requested - ACCEPT FOR INFORMATION.
D. Magalia County Water District - presentation of
information from the Administrative Office - action
requested - ADOPT A RESOLUTION TRANSFERRING THE MAGALIA
COUNTY WATER DISTRICT'S ALLOCATION OF PROPERTY TAX
REVENUE TO THE COUNTY GENERAL FUND UPON THE DISTRICT'S
DISSOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (960)(**00)
MOTION: I MOVE TO ADOPT RESOLUTION 98-161, ALLOWING THAT IN THE EVENT
THE LIME SADDLE COMMUNITY SERVICES DISTRICT IS DISSOLVED, THE
ALLOCATION OF PROPERTY TAX REVENUE TO THE LIME SADDLE COMMUNITY
SERVICES DISTRICT WILL BE TRANSFERRED TO THE COUNTY GENERAL
FUND AND PLACED IN A TRUST FUND FOR A PERIOD OF THREE YEARS
FOR THE RESOLUTION OF IMPLEMENTATION OF THE PIPELINE
CONSTRUCTION FOR THE IMPROVEMENT OF WATER SUPPLY TO EXISTING
USERS WITHIN THE LIME SADDLE COMMUNITY SERVICES DISTRICT AND
THE SPRING VALLEY SCHOOL AND AUTHORIZE THE CHAIR TO SIGN; I
FURTHER MOVE TO RECOMMEND TO THE LOCAL AGENCY FORMATION
COMMISSION (LAFCo) THAT THE MONETARY AND PHYSICAL ASSETS OF THE
LIME SADDLE COMMUNITX SERVICES DISTRICT ALSO BE TRANSFERRED TO
THE COUNTY GENERAL FUND AND PLACED IN A TRUST FUND FOR A PERIOD
OF THREE YEARS FOR THE RESOLUTION OF IMPLEMENTATION OF THE
PIPELINE CONSTRUCTION FOR THE IMPROVEMENT OF THE WATER SUPPLY
TO EXISTING USERS WITHIN THE LIME SADDLE COMMUNITY SERVICES
~ DISTRICT AND THE SPRING VALLEY SCHOOL.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
Page 343 October 27, 1998
October 27 1998
98-325 MOTION: I MOVE Ti3 ADOPT RESOLUTION 98-162 TRANSFERRING THE
MAGALIA COUNTY WATER DISTRICT'S ALLOCATION OF
PROPERTY TAX REVENUE TO THE COUNTY GENERAL FUND
UPON THE DISTRICT'S DISSOLUTION AND AUTHORIZE THE
. CHAIR TO SIGN.
M S -
VOTE:. l Y 2 Y 3 Y .4 Y 5 Y {Urianimausly Carried)
98-326 Items removed from the Consent Agenda for Board consideration
and action.
1. Speed zone ordinance on various County roads - the Butte
County Department of Public works is charged with the
responsibility of s£udying, recommending, constructing,
and maintaining traffic. control measures within the
system of•County roadways. The Board legally establishes
the traffic controlmeasures through ordinances in
concurrence with the California Vehicle Code. Proposed
is an ordinance the Public-Works Department has prepared
which will establish speed limits on various roads within
the County of Butte (pursuan£ to Vehicle Code Section
22358) - action. requested - WAIVE READING OF THE
ORDINANCE', ( * * 1037 ) ~ _
MOTION: I MOVE TO WAIVE THE READING OF THE ORDINANCE.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y {Unanimously Carried)
BOARD DIRECTION TO STAFF TO MEET F~fITH THE CALIFORNIA HIGHWAY
PATROL fi0 ADDRESS THAT AGENCY'S CONCERNS REGARDING THE PROPOSED
ORDINANCE AND TO BRING FORWARD A REPORT TO THE BOARD ON THE
RESULTS OF THAT DISCUSSION AT THE BOARD OF SUPERVISORS MEETING
OF DECEMBER 1, 1998.
RECESS: 11:40 A.M.
RECONVENE: 11:58 A.M.
Page 394 October 27, 1998
October 27, 1998
Public Hearings and Timed Items
98--327 Public Hearing - Urgency Interim Ordinance Prohibiting and
Regulating Certain Adult Businesses - Board consideration of
an extension of an urgency interim ordinance prohibiting and
regulating certain adult businesses within the County of
Butte - action requested - ADOPT ORDINANCE AND AUTHORIZE
THE CHAIR TO SIGN. [FROM 9-16-98] (2090)
MOTION: I THINK IT IS REALLY AWF'CTL THAT WE HAVE NO OPPORTUNITY TO TELL
A BUSINESS LIKE THIS THAT WE DON'T WANT YOU HERE. WE DON'T
WANT THEM HERE, NONE OF OUR CONSTITUENTS WANTS THEM HERE. I
THINK IT IS PERFECTLY DREADFUL TO SAY, "WE'VE GOT YOU, AND
WE'RE GOING TO PROVE OUR POINT". I DON'T WANT THEM HERE.
S M
VOTE: 1 N 2 Y 3 Y 9 N 5 Y (Motion Carried)
MOTION: I MOVE TO ADOPT ORDINANCE 3959 WITH THE DELETION OF ANY
REFERENCE TO THE "C" (COMMERCIAL), "U" (UNCLASSIFIED), AND "HC"
(HIGHWAY COMMERCIAL) CLASSIFICATIONS.
M S
VOTE: 1 Y 2 Y 3 NV 4 Y 5 Y (Motion Carried)
98-328 Public Hearing - Amendment to Chapter 33 of the Butte County
Code - amending Section 33-4 (c) as follows: "groundwater level
--- measurement shall be taken from all designated monitoring wells
at least four (9) times per year, during the months of March,
July, August, and ~lonen~er October" - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (***163)
MOTION: I MOVE TO ADOPT ORDINANCE 3455 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
98-329 Addition of agenda item - Ecosystem Roundtable Members.
(***276)
MOTION: I MOVE PURSUANT TO GOVERNMENT CODE SECTION 54954.2(b)(1) THAT
THERE IS A NEED TO TAKE IMMEDIATE ACTION AND THAT THE NEED FOR
ACTION CAME TO THE ATTENTION OF THE BOARD OF SUPERVISORS
SUBSEQUENT TO THE AGENDA BEING POSTED AS SPECIFIED IN
54954.2(aj.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APFROVE A LETTER TO ECOSYSTEM ROUNDTABLE MEMBERS
EXPRESSING CONCERNS REGARDING THE PROPOSAL FROM THE INSTITUTE
FOR FISHERIES RESOURCES TO OPEN UP BUTTE CREEK CANYON TO SALMON
AND STEELHEAD PASSAGE AND REQUESTING THE ECOSYSTEM ROUNDTABLE
MEMBERS, CALFED BAY-DELTA PROGRAM, PROVIDE ADEQUATE
NOTIFICATION AND SEEK PROPER INPUT FROM THE COUNTY BOARD OF
~ SUPERVISORS AND OTHER LOCAL LEADERS REGARDING FUTURE PROJECTS
WITHIN THE BOUNDARIES OF BUTTE COUNTY AND AUTHORIZE THE CHAIR
TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 345 October 27, 1998
October 27, 1996
98-330 Public Hearing - Adoption of an Ordinance Amending Butte County
Code Section 10-21.1, Entitled "Seasonal Closure of a Portion
of Humboldt Road in the Jonesville Area" - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
[FROM 10-13-98]) (***430} •
MOTION: I MOVE TO ADOPT ORDINANCE 3456 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 9 Y 5 Y (Unanimously Carried)
98-331 CLOSED SESSION: The Board recessed at 12:41 p.m. to a closed
session conference with legal counsel
regarding public employees performance
evaluations pursuant to Government Code
Section 54957: 1. County Counsel;
2. Director-Personnel; and, 3. Director-
. Development Services. REMOVED FROM THE
AGENDA - conference with legal counsel
•regarding actual litigation pursuant to
•Government Code Section 54956.9(x): Butte
County v. Cofer.
RECONVENE: The Board reconvened at 1:55 p.m. from a
closed session conference with legal
counsel regarding public employees performance
evaluations pursuant to Government Code
Section 54957: 1. .County Counsel;
2. Director-Personnel; and, 3. Director-
~Development Services. (NO ANNOUNCEMENTS}
Page 346 October 27, 1998
October 27, 1998
98-332 Public Hearing - Robert and Ann Stephens - consideration of
proposed amendments to the text of the North Chico Specific
Plan (NCSP} adding a PD-Planned Development combining zone, a
text amendment to the Development Regulations of the NCSP, text
amendments reflecting the potential increase in dwelling units
in the NCSP, and a text amendment to the OS-Open Space zone;
and consideration of a rezone -from SR-1/OS (Suburban
residential - 1 acre parcels/Open Space) to SR-1 (Suburban
residential - 1 acre minimum} an 83f acres; and a rezone
applying the PD-Planned Development combining zone to
approximately 230 acres zoned SR-1 (Suburban residential - 1
acre minimum) and OS (Open Space). Included in the request is
a Development Agreement that will apply to all property in the
PD-Planned Development combining zone. The project site is
located on the west side of Hicks Lane, approximately '~ to 1
mile south of Keefer Lane, on property identified as APN 047-
250-141, north of Chico. The requested change would allow for
the construction of ug to 160 dwelling units on property that
now has a maximum development potential of 126 dwelling
units - action requested -- SHOULD THE BOARD CHOOSE TO
APPROVE THE PROJECT THE FOLLOWING ACTIONS SHOULD BE TAKEN:
SUBJECT TO ENVIRONMENTAL FINDINGS (A-C), GENERAL PLAN
CONSISTENCY FINDING (A), AIRPORT CONSISTENCY FINDINGS (A-N);
AND DEVELOPMENT AGREEMENT FINDING (A) (STAFF REPORT DATED
OCTOBER 27, 1998):
A. ADOPT NEGATIVE DECLARATIONS FOR THE AMENDMENTS TO THE
NORTH CHICO SPECIFIC PLAN AND THE DEVELOPMENT AGREEMENT
AND AUTHORTZE THE CHAIR TO SIGN;
B. ADOPT A RESOLUTION TO AMEND THE NORTH CHICO SPECIFIC PLAN
TO ADD A PD-PLANNED DEVELOPMENT COMBINING DESIGNATION;
AMENDING THE USES PERMITTED TN THE OS-OPEN SPACE
DESIGNATION; AND AMENDING POLICY 7.1-6, A5 WELL AS ANY
OTHER SECTION TO MAKE THE DOCUMENT CONSISTENT WITH
THE PROPOSED ACTION AS STATED IN EXHIBIT "A" OF THE STAFF
REPORT DATED OCTOBER 27, 1998, AND AUTHORIZE THE CHAIR TO
SIGN;
C. ADOPT AN ORDINANCE REZONING 83± ACRES FROM SR-1/OS
(SUBURBAN RESIDENTIAL - 1 ACRE PARCELS/OPEN SPACE) TO SR-
1 (SUBURBAN RESIDENTIAL - 1 ACRE MINIMUM) AND APPLYING A
PD-PLANNED DEVELOPMENT COMBINING ZONE TO APPROXIMATELY
230 ACRES ZONED SR-1 (SUBURBAN RESIDENTIAL - 1 ACRE
PARCELS) AND OS (OPEN SPACE) AFFECTED SY FTLE SPA 97-01
AND AUTHORIZE THE CHAIR TO SIGN; AND
Page 347 October 27, 1998
October 27, 1996
- - ,--.
98-332 D. ADOPT AN ORDINANCE ENTERING INTO A DEVELOPMENT AGREEMENT
(A MATTER ON WHICH A PUBLIC HEARING .HAS BEEN-HELD AND A
MOTION OF INTENT ADOPTED) WITH ROBERT AND ANN STEPHENS,
FILE DEV99-O1, AS REFERENCES IN EXHIBIT "C" OF THE STAFF
REPORT DATED OCTOBER 27, 1998, AND AUTHORIZE THE CHAIR TO
SIGN. (FROM ~9=22-98) (**.* 520)
ON OCTOBER 21, T998, THE BUTTE COUNTY AIRPORT LAND USE
COMMISSION ADOPTED A REVISION TO -THE 1978 CHICO MUNICIPAL
AIRPORT ENVIRONS PLAN. THIS AMENDMENT INTRODUCED ADDITIONAL
CRITERIA AND RESTRAINTS REGARDING DEVELOPMENT AROUND THE CHICO
MUNICIPAL AIRPORT.
PUBLIC HEARING~OPENED AND CONTINUED OPEN.
NO.ACTION TAKEN. PROJECT REFERRED. BACK TO THE AIRPORT LAND USE
COMMISSION FOR CONSIDERATION.
98-333 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING
ACTION ON ANY ITEM- PRESENTED 'IF IT IS NOT LISTED ON THE
AGENDA.) {NONE)
Communications ~-•
98-339 Communications received and referred. {COPIES OF ALL
COMMUNICATIONS ARE .AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. David A. Reider, Public Affairs Officer, United States
Department of Agriculture, writes to the Board to give
notice of six nationwide public meetings the Forest
Service will be~hosting to gather public views about the
goals and objectives of the Agency's Government
Performance and Results Act Strategic Plan Year 2000
Revision (GPRA 2000 Revision}. (REFERRED TO CHIEF
ADMINISTRATIVE OFFICER, AGRICULTURAL COMMISSIONER, FIRE
WARDEN, DIRECTOR-DEVELOPMENT SERVICES, AND DIRECTOR-
PUBLIC WORKS 10-19-98)
B. Tim Leslie, California State Senator, First District,
writes to the Board to give notice of~ a Y2K {Year 2000)
conference he will be. hosting an October 28, 1998, at
California State University, Chico. (REFERRED TO CHIEF
ADMINISTRATIVE OFFICER 10-9-9$)
C. Tim ,Leslie, California State Senator, First District,
writes to inform the Board of the successful passing of
Senate Bi11 2199 relating to elder and dependent abuse.
(REFERRED TO CHIEF ADMINISTRATIVE OFFICER 10-8-98)
D. Bill Lockyer, California State Senator, Tenth District,
writes to inform the Board of the successful passing of
Senate Bi11.2199 relating to elder and dependent abuse.
(REFERRED TO CHIEF ADMINISTRATIVE OFFICER 10-$-98)
Page 348 October 27, 1998
October 27, 1998
98-334 E. Glenn Nadar, Chairman, Butte Fire Safe Council, writes to
inform the Board that the Butte Fire Safe Council has
passed a resolution in support of the formation of a
Resource Conservation District (RCD} and requests the
Board support formation of an RCD in the foothill portion
of Butte County. (REFERRED TO CIiIEF ADMINISTRATIVE
OFFICER AND FIRE WARDEN 10--20-98)
ADJOURNMENT: There being no further business before the
Board, the meeting was adjourned at 2:18 p.m.
to reconvene at a special meeting of the Board
on Thursday, November 5, 1998, at 6:00 p.m.
t
J
i
FRED C. DAVIS, Chair
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Board of Supervisors
Page 349 October 27, 1998