HomeMy WebLinkAboutM112001BOARD OF SUPERVISORS
MINUTES
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
KIM YAMAGUCHI, 5th District
November 20, 2001
Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Beeler, Dolan, Houx, Yamaguchi, and Chair
Josiassen. Also present: Lawrence Odle, Interim 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,
Magalia.
01-366 Items removed from the Consent Agenda for Board consideration
and action. (223)
1. Coleen Jarvis - Public Defender Consortium - Board
approval is requested by the Administrative Office for an
agreement with Coleen Jarvis for the provision of legal
services. The Board approved the addition of a full-time
attorney to the Public Defender Consortium in the fiscal
year 2001-2002 final budget. The Consortium has selected
Coleen Jarvis for that position. The term of the
agreement is October 1, 2001, through June 30, 2003, with
a maximum amount payable of $120,977.76 per year
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
2. Fredric woocher, Attorney - Board approval is requested
by County Counsel for an agreement with Fredric woocher
for the provision of legal services to the County Clerk-
Recorder. The term of the agreement is for one year,
with a compensation rate of $275 per hour (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
Page 496 November 20, 2001
November 20, 2001
Consent Acrenda
O1-367 1. Budget Transfers - action requested - APPROVE BUDGET
TRANSFER B-130 (SHERIFF'S OFFICE-INCARCERATION [4/5 vote
required]).
2. Biggs-west Gridley water District - Appointments in Lieu
of Election - pursuant to Elections Code Section 10515,
the Biggs-west Gridley water District is requesting the
Board appoint Richard Storm, Gary N. Justeson, and
Phillip L. Haynes, Directors, to terms to end
December 2, 2005. The district has certified that the
number of persons who filed a Declaration of Candidacy
did not exceed the number of offices to be filled -
action requested - APPOINT RICHARD STORM, GARY N.
JUSTESON, AND PHILLIP L. HAYNES, DIRECTORS, TO TERMS TO
END DECEMBER 2, 2005.
3. Richvale Irrigation District - Appointments in Lieu of
Election - pursuant to Elections Code Section 10515, the
Richvale Irrigation District is requesting the Board
appoint Walter Meyer, Director, Division 1, and Gene C.
Harris, Director, Division 3, to terms to end
December 2, 2005. The district has certified that the
number of persons who filed a Declaration of Candidacy
did not exceed the number of offices to be filled -
action requested - APPOINT WALTER MEYER AND GENE C.
HARRIS, DIRECTORS, TO TERMS TO END DECEMBER 2, 2005.
4. Department of Child Support Services - Mail
Folding/Inserting Machine - Board approval is
requested by the Department of Child Support Services to
purchase an upgraded mail folding/inserting machine in
the amount of $9,000 (department budget). State
requirements for the mailing of wage assignment letters,
insurance assignment letters and employer letters have
necessitated the need for an upgraded machine - action
requested - APPROVE FIXED ASSET PURCHASE OF A MAIL
FOLDING/INSERTING MACHINE IN THE AMOUNT OF $9,000.
Page 497 November 20, 2001
November 20, 2001
O1-367 5. Conveyance of County Property - District Attorney's
Office - Board approval is requested by the District
Attorney to convey equipment purchased with National
Children's Advocacy Foundation grant funds. The
equipment was used to equip interview rooms in three law
enforcement agencies. The equipment is being conveyed as
follows: Butte County Sheriff's Office - video time/date
stamp, 19" color television, (2) 4-head VHS video
cassette recorders, unidirectional microphone, and color
board camera; Gridley Police Department - video time/date
stamp, 19" color television, (2) 4-head VHS video
cassette recorders, unidirectional microphone, and color
board camera; and Chico Police Department - super high
gain microphone, ultra pinhole micro-video camera, and
transformer. The Clerk of the Board has provided notice
pursuant to Government Code Sections 25365 and 6061 -
action requested - APPROVE CONVEYANCE OF COUNTY PROPERTY.
6. Monthly Investment Report - the Treasurer-Tax Collector
submits the October 31, 2001, report in accordance with
the Statement of Investment Policy dated July 1, 2001 -
action requested - ACCEPT FOR INFORMATION.
7. County Service Area 21 - Zones 1 and 4 - Budget
Corrections - the Public works Department submits an
informational report detailing the Auditor's corrections
to the County Service Area 21 - Zones 1 and 4 budgets.
The Assessor's Office has mailed corrected property tax
statements to the affected property owners - action
requested - ACCEPT FOR INFORMATION.
8. Reissue Time Expired Check - Board approval is
requested by the Administrative Office, on behalf of
Berle G. Blehm, to reissue time expired check no. 1000-
067929, in the amount of $76.60, dated December 31, 1997.
The Auditor-Controller has verified that the check is
time expired and has not been reissued. The original
check is in the possession of the County - action
requested - DIRECT AUDITOR-CONTROLLER TO REISSUE TIME
EXPIRED CHECK.
9. Adoption of a Salary Ordinance Amendment - the Butte
County Department of Behavioral Health has requested
the Department of Human Resources prepare a salary
ordinance amendment which adds one flexibly staffed
position of Mental Health Clinician II/I, one flexibly
staffed position of Senior Mental Health Counselor/Mental
Health Counselor/Mental Health worker, one position of
Supervising Health Education Specialist, and two
positions of Health Education Specialist II. All
positions are in support of the Youth Development Crime
Prevention Project and have a sunset date of
June 30, 2004 - action requested - ADOPT ORDINANCE 3786
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-13-O1 [3.20])
Page 498 November 20, 2001
November 20, 2001
O1-367 10. Adoption of a Salary Ordinance Amendment - the Public
Health Department has requested the Department of Human
Resources prepare a salary ordinance amendment which
extends the term date of one position of Public Health
Nurse II to December 31, 2002. The position was added to
provide support as a result of a staff member's extended
medical leave. The medical leave period has been
extended for an undetermined time, and the extension is
requested to continue the needed support - action
requested - ADOPT ORDINANCE 3787 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 11-13-O1 [3.21])
11. Adoption of a Salary Ordinance Amendment - the Farm and
Home Advisor has requested the Department of Human
Resources prepare a salary ordinance amendment which
deletes one position of Principal Clerk, and adds one
position of Administrative Services Assistant as a result
of a classification study - action requested - ADOPT
ORDINANCE 3788 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
11-13-O1 [3.22])
12. Adoption of a Salary Ordinance Amendment - the Probation
Department has requested the Department of Human
Resources prepare a salary ordinance amendment which
deletes one position of Legal Typist Clerk, and adds one
flexibly staffed position of Legal Secretary I/Legal
Typist Clerk as a result of a classification study -
action requested - ADOPT ORDINANCE 3789 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 11-13-O1 [3.23])
13. Adoption of a Salary Ordinance Amendment - the Sheriff's
Office has requested the Department of Human Resources
prepare a salary ordinance amendment which adds two
flexibly staffed term positions of Public Safety
Dispatcher/Public Safety Dispatcher Trainee (terms to end
6-30-02) The positions are being requested to provide
support for two incumbents currently on long-term
disability status - action requested - ADOPT ORDINANCE
3790 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-13-O1
[3.24] )
14. Reconstruction of Humboldt Road from Dead Horse Slough to
El Monte Avenue - County Project No. 55281-2000-1 -
Contract Change Order (CCO) No. 1 - CCO No. 1, in an
increasing amount not to exceed $90,000, provides for
asphalt concrete overlay and roadway stripping for an
additional 0.59 miles of roadway on Manzanita Avenue, La
Quinta, and Dorado Cerro. The additional roadway
construction is being funded with the balance of STIP
funds (1000 reimbursable State funds) remaining for this
fiscal year - action requested - APPROVE CCO NO. 1 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 11-13-O1 [3.26])
Page 499 November 20, 2001
November 20, 2001
01-367 15. Select Janitorial Services - Amendment - Board approval
is requested by the Butte County Department of Behavioral
Health for an amendment to the agreement with Select
Janitorial Services for the provision of janitorial
services. The amendment provides for the addition of
services at 873 Mitchell, Oroville, a Youth Services
site. The amendment increases the maximum amount payable
by $2,932.50 for fiscal year 2001-2002, and $4,140 for
fiscal year 2002-2003 (department budget). All other
terms and provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contact No. X11588)
16. Victor Mlotok, M.D. - Amendment - Board approval is
requested by the Butte County Department of Behavioral
Health for an amendment to the agreement with Victor
Mlotok, M.D., for the provision of medical services in
the specialized field of psychiatry. The amendment
increases the maximum amount payable by $34,200 for
fiscal year 2001-2002, and $34,200 for fiscal year 2002-
2003 (department budget) to provide for increased on-call
hours. All other terms and 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. (Contract No.
X11299)
17. State of California-Department of Alcohol and Drug
Programs - Grant Award Amendment - Board approval is
requested by the Butte County Department of Behavioral
Health for an amendment to the grant award agreement with
the State of California-Department of Alcohol and Drug
Programs for $125,000 in funds for the Drug Court
Partnership Project. The amendment provides for a 12-
month extension for disbursement of the funds, allowing
the department to carryover any unspent funds into the
fiscal year 2001-2002 budget. All other terms and
provisions remain the same - action requested - ADOPT
RESOLUTION O1-137 AUTHORIZING THE CHAIR TO SIGN GRANT
AWARD AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE GRANT AWARD AMENDMENT SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 500 November 20, 2001
November 20, 2001
01-367 18. State of California-Department of Alcohol and Drug
Programs - Grant Award Amendment - Board approval is
requested by the Butte County Department of Behavioral
Health for an amendment to the grant award agreement with
the State of California-Department of Alcohol and Drug
Programs for $7,185 in funds for the Drug Court
Partnership Project. The amendment provides for a 12-
month extension for disbursement of the funds, allowing
the department to carryover any unspent funds into the
fiscal year 2001-2002 budget. All other terms and
provisions remain the same - action requested - ADOPT
RESOLUTION O1-138 AUTHORIZING THE CHAIR TO SIGN GRANT
AWARD AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE GRANT AWARD AMENDMENT SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
19. Stewart, Humphreys, Burchett, Sandleman & Molin -
Amendment - Board approval is requested by County Counsel
for an amendment to the agreement with Stewart,
Humphreys, Burchett, Sandleman & Molin for the provision
of legal services. The amendment increases the
compensation rate to $140 per hour (department budget).
All other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X10240)
20. Kennedy/Jenks Consultants - Amendment - Board approval is
requested by the Public works Department for an amendment
to the agreement with Kennedy/Jenks Consultants for
monitoring services of supernatant and leachate liquids
stored at the Neal Road Landfill. The amendment extends
the term of the agreement for one year, and increases the
maximum amount payable by $17,100 (Neal Road Landfill
Management fund). All other terms and 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. (Contract No.
X11847)
21. Advance Step Hire - Board approval is requested by the
Public Health Department, pursuant to Personnel Rules
Section 11.5, for the advance step hire of a Health
Education Specialist II candidate (effective 10-13-01) to
Step 4 of the salary range based on experience. The
Department of Human Resources has approved the request of
the Public Health Department - action requested - APPROVE
ADVANCE STEP HIRE (EFFECTIVE 10-13-O1) OF A HEALTH
EDUCATION SPECIALIST II CANDIDATE TO STEP 4 OF THE SALARY
RANGE. (280)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS
3.15 AND 3.21, AND ITEM 3.20 CORRECTED TO READ, "STEWART,
HUMPHREYS...".
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 501 November 20, 2001
November 20, 2001
Regular Agenda
O1-368 Appointments - Boards, Commissions, and Committees. (320)
1. Appointments to listed vacancies. (NONE)
2. Appointments of nominees where a declaration of candidacy
form has not been filed for the November 6, 2001, Uniform
District Election Law election - action requested:
A. APPOINTMENTS WHERE THE BOARD HAS RECEIVED NOTICES OF
INTEREST FROM QUALIFIED INDIVIDUALS: APPOINT BRADY
HOSTETTER AND MIGUEL A. CALVO, DIRECTORS, BERRY
CREEK COMMUNITY SERVICES DISTRICT, TO TERMS TO END
DECEMBER 2, 2005; AND APPOINT MARILYN CALVO,
DIRECTOR, BERRY CREEK COMMUNITY SERVICES DISTRICT,
TO A TERM TO END DECEMBER 5, 2003; AND
B. APPOINTMENTS WHERE THE BOARD HAS NOT RECEIVED
NOTICES OF INTEREST FROM QUALIFIED INDIVIDUALS: ONE
DIRECTOR, BERRY CREEK COMMUNITY SERVICES DISTRICT,
TO A TERM TO END DECEMBER 2, 2005; TWO DIRECTORS,
DRAINAGE DISTRICT NO. 200, TO TERMS TO END
DECEMBER 2, 2005.
MOTION: I MOVE TO APPOINT BRADY HOSTETTER AND MIGUEL A. CALVO,
DIRECTORS, BERRY CREEK COMMUNITY SERVICES DISTRICT, TO TERMS TO
END DECEMBER 2, 2005; AND APPOINT MARILYN CALVO, DIRECTOR,
BERRY CREEK COMMUNITY SERVICES DISTRICT, TO A TERM TO END
DECEMBER 5, 2003.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
01-369 Update on legislative and budget activities. (361) LAWRENCE
ODLE, INTERIM CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD
THAT THE LEGISLATIVE ANALYST REPORT HAS BEEN RELEASED AND
CONFIRMS THE PREDICTION OF A $12 MILLION DOLLAR DEFICIT AT THE
STATE LEVEL.
01-370 Feather Falls wilderness and wild and Scenic Rivers - Report to
the Board - presentation by the California wild Heritage
Campaign of a citizens' proposal for Feather Falls wilderness
Area and three new wild and Scenic Rivers: Fall River, South
Branch Middle Fork Feather River, and Little North Fork Feather
River - action requested - ACCEPT FOR INFORMATION. (419)
PRESENTATION TO THE BOARD BY JESSICA RIGS, CALIFORNIA WILD
HERITAGE CAMPAIGN.
Page 502 November 20, 2001
November 20, 2001
O1-371 Butte County Economic Development Corporation (EDC) Annual
Report, "Bridging the Job Gap" - report to the Board by Dan
Boeger, President, Butte County Economic Development
Corporation - action requested - ACCEPT AND ADOPT THE 2001
BUTTE COUNTY JOB CREATION PLAN. (921)
PRESENTATION TO THE BOARD BY BOB LINCHIED, EXECUTIVE DIRECTOR,
AND DAN BOEGER, PRESIDENT AND CHAIR OF THE BOARD OF THE BUTTE
COUNTY ECONOMIC DEVELOPMENT CORPORATION.
MOTION: I MOVE TO ACCEPT AND ADOPT THE 2001 BUTTE COUNTY JOB CREATION
PLAN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
O1-372 Savings Bond Program - Report to the Board - the County has
initiated steps to implement a Savings Bond Program. The idea
for the program was submitted by Janet Wright of the Assessor' s
Office, and is designed to provide a show of support and faith
in our Country following the September llt'' tragedy, and to
provide a practical way for employees to invest - action
requested - ACCEPT FOR INFORMATION. (1816)
THE BOARD THANKS JANET WRIGHT, BUTTE COUNTY ASSESSOR'S OFFICE
EMPLOYEE, FOR SUGGESTING THE SAVING BOND PROGRAM.
PRESENTATION TO THE BOARD BY KEN REIMERS, ASSESSOR; STARLYN
BROWN, ASSISTANT CHIEF ADMINISTRATIVE OFFICER; KAREN WHITE,
ASSISTANT TREASURER-TAX COLLECTOR; AND RICK SHIPMAN, MANAGER
AND VICE PRESIDENT, BANK OF AMERICA-CHICO BRANCH.
BOARD DIRECTION THAT A LETTER OF THANKS BE WRITTEN TO
MR. SHIPMAN OF BANK OF AMERICA FOR THEIR SUPPORT IN THIS
PROGRAM.
O1-373 Supervisorial Redistricting - consideration of possible actions
as a result of the Certification to Referendum:
A. Consideration of two resolutions submitted by Supervisor
Yamaguchi:
1. A Resolution Submitting Ordinance No. 3759 to the
Voters at the March 5, 2002, Election - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN; AND
2. A Resolution Determining the Supervisorial District
Boundaries to be Used for the March 5, 2002,
Election - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
Page 503 November 20, 2001
November 20, 2001
O1-373 B. Consideration of alternative actions submitted by County
Counsel:
1. Repeal the Redistricting Ordinance; OR
2. Order that the Redistricting Ordinance be submitted
to the voters at the March 5, 2002, election -
action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 11-13-01/4.08]) (2197)
THE BOARD RECESSED TO ALLOW DISTRIBUTION OF AN AMENDED
RESOLUTION.
RECESS: 10:12 A.M.
RECONVENE: 10:29 A.M.
O1-373 Supervisorial Redistricting - consideration of possible actions
as a result of the Certification to Referendum:
A. Consideration of two resolutions submitted by Supervisor
Yamaguchi:
1. A Resolution Submitting Ordinance No. 3759 to the
Voters at the March 5, 2002, Election - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN; AND
2. A Resolution Determining the Supervisorial District
Boundaries to be Used for the March 5, 2002,
Election - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
B. Consideration of alternative actions submitted by County
Counsel:
1. Repeal the Redistricting Ordinance; OR
2. Order that the Redistricting Ordinance be submitted
to the voters at the March 5, 2002, election -
action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 11-13-01/4.08) (2855)
(**00)
SUPERVISOR HOUX REQUESTED THE RECORD SHOW THAT SHE DOES NOT
BELIEVE CHAIR JOSIASSEN'S STATEMENTS REGARDING THE AMENDED
RESOLUTION.
ITEM CONTINUED OPEN TO LATER IN THE MEETING TO ALLOW FOR
RECEIPT OF THE AMENDED RESOLUTION DIRECTLY FROM ATTORNEY
CHARLES BELL'S OFFICE.
Page 504 November 20, 2001
November 20, 2001
Public Hearings and Timed Items
01-374 Continued Public Hearing - Kevin Rice and Cynthia Villa -
Waiver of Parcel Map Appeal - consideration of an appeal of the
Development Review Committee's approval of a waiver of parcel
map to divide three legal parcels totaling 266.5± acres into
five parcels: 41.6±, 47.6±, 54.3±, 56±, and 67± acres. This
is a project on which notice of intent to adopt a negative
declaration with mitigation measures regarding environmental
impacts has been given. Parcels 1, 2, and 4 have frontage on
Anita Road, Parcel 5 will have access to Anita Road via a
60-foot wide easement across Parcel 4, and Parcel 3 will have
access to Wilson Landing Road via a proposed 60-foot wide
easement. Sewage disposal for future dwellings on the site
will be handled by on-site septic systems, and domestic water
obtained from on-site wells. Parcels 2 through 5 are not
proposed for residential development at this time. The
property is zoned A-40 (Agricultural - 40 acre parcels) and is
located on the south side of Anita Road, approximately .25
miles west of Highway 99, at 4873 Anita Road, north of Chico,
and identified as APN 047-130-088, 125, and 160 (File No. WAV
Ol-Ol [SB]) - action requested - STAFF RECOMMENDS THE BOARD
DENY THE APPEAL AND APPROVE THE PROJECT, TAKING ONE OF THE
FOLLOWING TWO ALTERNATIVE ACTIONS:
1. APPROVE THE WAIVER OF PARCEL MAP, ESTABLISHING A ONE ACRE
RESIDENTIAL BUILDING ENVELOPE ON PARCEL 2 AS INDICATED ON
ATTACHMENT 1 TO THE STAFF MEMORANDUM DATED
NOVEMBER 20, 2001, WITH A REQUIREMENT FOR A VEGETATION
BARRIER OF FAST GROWING TREES TO BE PLANTED AT THE TIME
OF HOME CONSTRUCTION ON PARCEL 2.
SHOULD THE BOARD CHOOSE OPTION 1, THE FOLLOWING ACTIONS SHOULD
BE TAKEN:
A. SUBJECT TO FINDING I(A) OF ACTION 1, AS DETAILED IN
THE STAFF MEMORANDUM DATED NOVEMBER 20, 2001, DENY
APPEAL O1-10;
B. SUBJECT TO FINDINGS II (A-D) OF ACTION 1, AS DETAILED
IN THE STAFF MEMORANDUM DATED NOVEMBER 20, 2001,
ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS WITH EIGHT MITIGATION MEASURES
AS DETAILED IN EXHIBIT "A" OF THE STAFF MEMORANDUM
DATED NOVEMBER 20, 2001;
C. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND/OR WILDLIFE HABITAT AS THE SITE HAS BEEN
CLEARED AND IS USED FOR AGRICULTURAL PURPOSES AND
DOES NOT CONTAIN ANY SIGNIFICANT FISH AND/OR
WILDLIFE HABITAT, AND APPROVE A "DE MINIMUS"
EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH
AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5;
AND
Page 505 November 20, 2001
November 20, 2001
O1-374 1. D. SUBJECT TO FINDINGS IV (A-L) OF ACTION 1, AS
DETAILED IN THE STAFF MEMORANDUM DATED
NOVEMBER 20, 2001, APPROVE WAV Ol-Ol FOR KEVIN RICE
AND CYNTHIA VILLA SUBJECT TO THE CONDITIONS OF
APPROVAL FOUND IN EXHIBIT "A" TO THE STAFF
MEMORANDUM DATED NOVEMBER 20, 2001; OR
2. APPROVE THE WAIVER OF PARCEL MAP WITH A CONDITION THAT
PROHIBITS RESIDENTIAL DEVELOPMENT ON PARCEL 2 UNTIL SUCH
TIME AS THE PARCEL IS REZONED TO A ZONE THAT HAS
RESIDENTIAL OR RURAL RESIDENTIAL LAND USES AS PERMITTED
USES.
SHOULD THE BOARD CHOOSE OPTION 2, THE FOLLOWING ACTIONS SHOULD
BE TAKEN:
A. SUBJECT TO FINDING I(A) OF ACTION 2, AS DETAILED IN
THE STAFF MEMORANDUM DATED NOVEMBER 20, 2001, DENY
APPEAL O1-10;
B. SUBJECT TO FINDINGS II (A-D) OF ACTION 2, AS DETAILED
IN THE STAFF MEMORANDUM DATED NOVEMBER 20, 2001,
ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS WITH EIGHT MITIGATION MEASURES
AS DETAILED IN EXHIBIT "B" OF THE STAFF MEMORANDUM
DATED NOVEMBER 20, 2001;
C. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND/OR WILDLIFE HABITAT AS THE SITE HAS BEEN
CLEARED AND IS USED FOR AGRICULTURAL PURPOSES AND
DOES NOT CONTAIN ANY SIGNIFICANT FISH AND/OR
WILDLIFE HABITAT, AND APPROVE A "DE MINIMUS"
EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH
AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5;
AND
D. SUBJECT TO FINDINGS IV (A-L) OF ACTION 2, AS
DETAILED IN THE STAFF MEMORANDUM DATED
NOVEMBER 20, 2001, APPROVE WAV Ol-Ol FOR KEVIN RICE
AND CYNTHIA VILLA SUBJECT TO THE CONDITIONS OF
APPROVAL FOUND IN EXHIBIT "B" TO THE STAFF
MEMORANDUM DATED NOVEMBER 20, 2001. (FROM 6-12-O1
[5.01] ) (**297)
PUBLIC HEARING RECONVENED: 10:50 A.M.
PUBLIC HEARING CLOSED: 11:35 A.M.
Page 506 November 20, 2001
November 20, 2001
O1-374
VOTE
MOTION: I MOVE TO APPROVE THE WAIVER OF PARCEL MAP,
ESTABLISHING A ONE ACRE RESIDENTIAL BUILDING
ENVELOPE ON PARCEL 2 AS INDICATED ON ATTACHMENT 1 TO
THE STAFF MEMORANDUM DATED NOVEMBER 20, 2001, WITH
A REQUIREMENT FOR A VEGETATION BARRIER OF FAST
GROWING TREES TO BE PLANTED AT THE TIME OF HOME
CONSTRUCTION ON PARCEL 2, AND THE ADDITIONAL
REQUIREMENTS OF: AN EASEMENT ON THE EAST SIDE OF
PLAT 1, WITH ACCESS EVENTUALLY TO PARCEL 2, 3, AND
5; THAT NO DWELLING BE CONSTRUCTED ON THE NORTH SIDE
OF THE SLOUGH ON PARCEL 2; THAT ANY DWELLING
CONSTRUCTED ON THE SOUTH SIDE OF THE PARCEL SHALL
HAVE CONSIDERATION OF THE AGRICULTURAL SETBACKS; AND
THAT THERE IS TO BE A 300 FOOT BUFFER FROM KEEFER
SLOUGH TO THE START OF THE BUILDING ENVELOPE;
SUBJECT TO FINDING I(A) OF ACTION 1, AS DETAILED IN
THE STAFF MEMORANDUM DATED NOVEMBER 2 0 , 2 0 01 , I MOVE
TO DENY APPEAL O1-10; SUBJECT TO FINDINGS II(A-D) OF
ACTION 1, AS DETAILED IN THE STAFF MEMORANDUM DATED
NOVEMBER 20, 2001, MOVE TO ADOPT A MITIGATED
NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS
WITH EIGHT MITIGATION MEASURES AS DETAILED IN
EXHIBIT "A" OF THE STAFF MEMORANDUM DATED
NOVEMBER 20, 2001; FIND THAT THE DESIGN OF THE
PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE
ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE HABITAT
AS THE SITE HAS BEEN CLEARED AND IS USED FOR
AGRICULTURAL PURPOSES AND DOES NOT CONTAIN ANY
SIGNIFICANT FISH AND/OR WILDLIFE HABITAT, AND
APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION
OF FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4(d)(3) AND 14 CCR 753.5; AND SUBJECT TO
FINDINGS IV (A-L) OF ACTION 1, AS DETAILED IN THE
STAFF MEMORANDUM DATED NOVEMBER 20, 2001, AS AMENDED
TO REMOVE FINDING IV (L), MOVE TO APPROVE WAV Ol-Ol
FOR KEVIN RICE AND CYNTHIA VILLA SUBJECT TO THE
CONDITIONS OF APPROVAL FOUND IN EXHIBIT "A" TO THE
STAFF MEMORANDUM DATED NOVEMBER 20, 2001.
M S
l Y 2 N 3 Y 4 Y 5 Y (Motion Carried)
RECESS:
RECONVENE
11:39 A.M.
11:56 A.M.
Page 507 November 20, 2001
November 20, 2001
01-375 Continued Public Hearing - Ridgeway Development Tentative
Subdivision Map - Appeal - consideration of the appeal of the
Development Review Committee's approval of a Tentative
Subdivision Map to create a gated, private subdivision
containing 177 single-family residential parcels and 140
residential condominiums (317 residential units total) from
three existing parcels totaling 135 acres. (This is a project
on which notice of intent to adopt a negative declaration with
mitigation measures regarding environmental impacts has been
given.) Phase I of the subdivision will include 171
residential units (109 single family residential parcels and 62
condominium units), and Phase II will include 146 units (68
single family residential parcels and 78 condominium units).
The project is proposed to contain natural and developed open-
space. water service is proposed to be provided by the
Oroville Wyandotte Irrigation District. Sewer service is
proposed to be provided by the Lake Oroville Area Public
Utilities District. Access will be provided by two private
subdivision roads connecting with the Olive Highway (State
Route 162). The property is zoned PUD (Planned Unit
Development) and is located on the south side of Olive Highway
(State Route 162) immediately east of Apica Avenue in the
Oroville area, and identified as APNS 069-520-023, 039, and
040. (File No. TSM 00-02 [DB]) - action requested - STAFF
RECOMMENDS THE BOARD DENY THE APPEALS AND APPROVE THE
SUBDIVISION MAP WITH CONDITIONS AND FINDINGS AS FOLLOWS:
1. SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE STAFF
REPORT DATED NOVEMBER 20, 2001, DENY THE APPEALS AND
ADOPT A MITIGATED NEGATIVE DECLARATION;
2. FIND THAT THE PROJECT WILL HAVE AN IMPACT ON FISH AND/OR
WILDLIFE AND APPROVE THE COLLECTION OF DEPARTMENT OF FISH
AND GAME FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4(d)(3) and 14 CCR 753.5; AND
3. SUBJECT TO FINDINGS III (A-G) AS DETAILED IN THE STAFF
REPORT DATED NOVEMBER 20, 2001, AND THE CONDITIONS OF
APPROVAL DETAILED IN EXHIBIT "A" OF THE STAFF REPORT
DATED NOVEMBER 20, 2001, DENY THE APPEALS AND APPROVE
TENTATIVE SUBDIVISION MAP 00-02 FOR RIDGEWAY DEVELOPMENT.
(**2095) (***00)
PUBLIC HEARING RECONVENED: 11:57 A.M.
PUBLIC HEARING CLOSED: 1:05 P.M.
Page 508 November 20, 2001
November 20, 2001
O1-375 MOTION: SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE STAFF
REPORT DATED NOVEMBER 20, 2001, I MOVE TO DENY THE
APPEALS AND ADOPT A MITIGATED NEGATIVE DECLARATION;
FIND THAT THE PROJECT WILL HAVE AN IMPACT ON FISH
AND/OR WILDLIFE AND APPROVE THE COLLECTION OF
DEPARTMENT OF FISH AND GAME FEES PURSUANT TO FISH
AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5;
AND SUBJECT TO FINDINGS III (A-G) AS DETAILED IN THE
STAFF REPORT DATED NOVEMBER 20, 2001, AND THE
CONDITIONS OF APPROVAL DETAILED IN EXHIBIT "A" OF
THE STAFF REPORT DATED NOVEMBER 20, 2001, AS
AMENDED, TO REQUIRE THAT SECURITY GATES SHALL NOT BE
INSTALLED AT THE SUBDIVISION ACCESS POINTS; AMENDING
CONDITION #17 TO READ THAT CONSTRUCTION ACTIVITIES
ASSOCIATED WITH SUBDIVISION DEVELOPMENT SUCH AS
CLEARING, ROAD BUILDING, GRADING, INFRASTRUCTURE
DEVELOPMENT, AND HOME BUILDING, SHALL BE LIMITED TO
THE HOURS OF 8:00 A.M. TO 6:00 P.M.; AND ADDING THE
ADDITIONAL CONDITION THAT A NOTE SHALL BE INCLUDED
ON A SEPARATE DOCUMENT WHICH IS TO BE RECORDED
CONCURRENTLY WITH THE MAP, OR ON AN ADDITIONAL MAP
SHEET, THAT STATES TWO STORY DWELLINGS SHALL NOT BE
PERMITTED ON THOSE PARCELS WHICH ARE ADJACENT TO
EXISTING RESIDENCES. THIS LIMITATION APPLIES TO
PARCELS 13-24, 69-73, 136-141, 142-163. THESE LOTS
SHALL BE LIMITED TO THE CONSTRUCTION OF A SINGLE
STORY RESIDENCE; FURTHER MOVE TO DENY THE APPEALS
AND APPROVE TENTATIVE SUBDIVISION MAP 00-02 FOR
RIDGEWAY DEVELOPMENT.
M S
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 1:09 P.M.
RECONVENE: 1:43 P.M.
Regular A ecr nda
O1-376 Supervisorial Redistricting - consideration of possible actions
as a result of the Certification to Referendum:
A. Consideration of two resolutions submitted by Supervisor
Yamaguchi:
1. A Resolution Submitting Ordinance No. 3759 to the
Voters at the March 5, 2002, Election - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN; AND
Page 509 November 20, 2001
November 20, 2001
O1-376 A. 2. A Resolution Determining the Supervisorial District
Boundaries to be Used for the March 5, 2002,
Election - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
B. Consideration of alternative actions submitted by County
Counsel:
1. Repeal the Redistricting Ordinance; OR
2. Order that the Redistricting Ordinance be submitted
to the voters at the March 5, 2002, election -
action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 11-13-01/4.08)
(***1534)(****00)(*****00)
ATTORNEY CHARLES BELL PRESENT.
SUPERVISOR DOLAN REQUESTED THE RECORD REFLECT THAT SHE DOES NOT
BELIEVE HER QUESTIONS WERE ANSWERED AND THAT SHE DOES NOT
WITHDRAWAL HER ASSERTIONS.
RECESS: 4:20 P.M.
RECONVENE: 4:36 P.M.
Regular A ecr nda
O1-376 Supervisorial Redistricting - consideration of possible actions
as a result of the Certification to Referendum:
A. Consideration of two resolutions submitted by Supervisor
Yamaguchi:
1. A Resolution Submitting Ordinance No. 3759 to the
Voters at the March 5, 2002, Election - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN; AND
2. A Resolution Determining the Supervisorial District
Boundaries to be Used for the March 5, 2002,
Election - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
B. Consideration of alternative actions submitted by County
Counsel:
1. Repeal the Redistricting Ordinance; OR
B. 2. Order that the Redistricting Ordinance be
submitted to the voters at the March 5, 2002,
election - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN. (FROM
11-13-01/4.08) (*****907)
Page 510 November 20, 2001
November 20, 2001
O1-376 MOTION: I MOVE THAT WE TAKE THE ACTION IN B(2) AND PUT THIS
MATTER TO A VOTE.
S M
VOTE: 1 N 2 Y 3 Y 4 N 5 N (Motion Fails to Carry)
MOTION: I MOVE TO REPEAL THE REDISTRICTING ORDINANCE.
M
VOTE: 1 2 3 4 5 (Motion Dies for Lack of Second)
MOTION: I MOVE TO ADOPT 4.06(A)(1), DELETING REFERENCE TO COUNTY
COUNSEL, RESOLUTION O1-134 SUBMITTING ORDINANCE NO. 3759 TO
THE VOTERS AT THE MARCH 5, 2002, ELECTION.
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
BOARD DIRECTED THAT A SPECIAL MEETING TO CONSIDER THE
RESOLUTION DETERMINING THE SUPERVISORIAL DISTRICT BOUNDARIES TO
BE USED FOR THE MARCH 5, 2002, ELECTION (ITEM LISTED AS 4.06
(A)(2) ON THE AGENDA) BE SET FOR NOVEMBER 26, 2001.
O1-377 Resource Conservation District - Resolution Clarification and
Budget Discussion - consideration of a resolution superseding
Resolution No. 01-125, clarifying the language in the
resolution calling an election to consider the formation of a
RCD to include the specific ballot questions, and discussion
and direction regarding the election cost - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND PROVIDE
STAFF DIRECTION REGARDING BUDGET TRANSFER FOR ELECTION COSTS.
(*****2354)
MOTION: I MOVE TO ADOPT RESOLUTION O1-135 AND AUTHORIZE THE CHAIR TO
SIGN; AND DIRECT THAT A BUDGET TRANSFER FROM THE APPROPRIATION
FOR CONTINGENCIES IN THE AMOUNT NOT TO EXCEED $15,000 TO THE
DEPARTMENT OF WATER AND RESOURCE CONSERVATION BE PREPARED TO
COVER THE COSTS ASSOCIATED WITH THE ELECTION.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
O1-378 Savings Incentive Program - Report to the Board - report on the
County's Savings Incentive Program for fiscal year 2000-2001,
and consideration of approval of the recommendations of the
Interim Chief Administrative Officer (ICAO) regarding SIP
payments, including modifications to the program's criteria -
action requested - APPROVE ICAO'S RECOMMENDATIONS FOR PROGRAM
CRITERIA AND SIP PAYMENTS TO DEPARTMENTS
THE SUPPLEMENTAL AGENDA PREPARED FOR THIS DATE REMOVED THIS
ITEM FROM THE AGENDA WITHOUT BOARD ACTION OR CONSIDERATION.
THIS ITEM IS SCHEDULED TO RETURN ON A FUTURE AGENDA.
Page 511 November 20, 2001
November 20, 2001
O1-379 Board Direction - Direction to the Interim Chief Administrative
Officer (CAO) on Board priorities to be focused on by the CAO
during his interim period - action requested - PROVIDE
DIRECTION. (*****2595)
THE BOARD PROVIDES AREAS OF FOCUS: MAINTENANCE OF THE CUSTOMER
SERVICE PROGRAMS AND PAY FOR PERFORMANCE/DEPARTMENT HEAD
REVIEWS PROCESS, DEVELOPMENT SERVICES DEPARTMENT STABILIZATION,
REDEVELOPMENT AGENCY DISBANDMENT, INTERAGENCY DISCUSSION WITH
CITY OF CHICO AND REGIONAL WATER QUALITY CONTROL BOARD, ALL THE
ACTIONS OUT OF SACRAMENTO (LOCAL REVENUES), TAKING A PROACTIVE
STANCE WITH REGARDS TO PROTECTING LOCAL REVENUES, AND QUARTERLY
REPORTING TO THE BOARD ON GOAL PROGRESS.
O1-380 Items removed from the Consent Agenda for Board consideration
and action. (*****3289)(******00)
1. Coleen Jarvis - Public Defender Consortium - Board
approval is requested by the Administrative Office for an
agreement with Coleen Jarvis for the provision of legal
services. The Board approved the addition of a full-time
attorney to the Public Defender Consortium in the fiscal
year 2001-2002 final budget. The Consortium has selected
Coleen Jarvis for that position. The term of the
agreement is October 1, 2001, through June 30, 2003, with
a maximum amount payable of $120,977.76 per year
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
BOARD DIRECTION THAT THIS ITEM BE CONTINUED TO ALLOW ADDITIONAL
INFORMATION TO BE PROVIDED TO THE BOARD ON THE PUBLIC DEFENDER
CONSORTIUM PROCESS. THE ITEM WILL BE BROUGHT BACK ON THE NEXT
AGENDA FOR CONSIDERATION.
2. Fredric woocher, Attorney - Board approval is requested
by County Counsel for an agreement with Fredric woocher
for the provision of legal services to the County Clerk-
Recorder. The term of the agreement is for one year,
with a compensation rate of $275 per hour (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (******2112)
MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 ABSTAINED (Motion Carried)
Page 512 November 20, 2001
November 20, 2001
Regular Agenda
O1-381 Agreement for Attorney Services - consideration of an agreement
with Charles Bell for the provision of legal services to the
Board of Supervisors regarding the redistricting resolution
dispute with the County Clerk-Recorder - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(******2246)
MOTION: I MOVE TO APPROVE THE AGREEMENT AND WAIVER OF CONSENT AND
AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
O1-382 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.) (*******3065)
(*******00)
1. ROCKY BURKES, INDEPENDENT LIVING SERVICES OF NORTHERN
CALIFORNIA, ADDRESSED THE BOARD REGARDING THE COUNTY'S
LACK OF COMPLIANCE WITH THE AMERICANS WITH DISABILITIES
ACT.
2. MIKE RAMSEY, DISTRICT ATTORNEY, ADDRESSED THE BOARD
REGARDING THE LOW SALARIES FOR DEPUTY DISTRICT ATTORNEYS
AND HOW THESE LOW SALARIES ARE CREATING A CRISES WITH
REGARDS TO RECRUITMENT AND RETENTION.
SUPERVISOR HOUX NOT PRESENT.
3. ALBERT TRACY ASKED THE CLERK OF THE BOARD TO INFORM BOARD
MEMBERS THAT THE BUTTE COUNTY HISTORICAL SOCIETY IS
HOLDING AN OPEN HOUSE AND TOUR FOR BUTTE COUNTY EMPLOYEES
AND BOARD MEMBERS ON THURSDAY, NOVEMBER 29, 2001, AT
EHMANN HOUSE, ROBINSON AND LINCOLN, IN OROVILLE.
4. MATHEW LAKOTA ASKED THE BOARD WHAT PARLIAMENTARY
PROCEDURES/RULES/CODES IT OPERATES UNDER.
5. KRISTEN LUCENA, DEPUTY DISTRICT ATTORNEY, AND PRESIDENT
OF THE DEPUTY DISTRICT ATTORNEY'S ASSOCIATION, ADDRESSED
THE BOARD TO ECHO THE COMMENTS OF MR. RAMSEY REGARDING
THE LOW PAY RATES FOR DEPUTY DISTRICT ATTORNEYS AND THE
EFFECT OF THOSE RATES ON RECRUITMENT AND RETENTION.
6. MICHAEL CANDELA, DEPUTY DISTRICT ATTORNEY, AND VICE
PRESIDENT OF THE DEPUTY DISTRICT ATTORNEY'S ASSOCIATION,
ADDRESSED THE BOARD REGARDING THE LOW PAY RATES FOR
DEPUTY DISTRICT ATTORNEYS.
O1-383 CLOSED SESSION: THE BOARD DID NOT RECESS TO CLOSED SESSION.
Page 513 November 20, 2001
November 20, 2001
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE
BOARD, THE MEETING WAS ADJOURNED AT 7:27 P.M.
TO RECONVENE AT A SPECIAL MEETING OF THE BOARD
TO BE HELD ON MONDAY, NOVEMBER 26, 2001, AT A
TIME TO BE ANNOUNCED.
CURT JOSIASSEN, CHAIR
ATTEST:
Lawrence Odle, Interim Chief Administrative
Officer and Clerk of the Board of Supervisors
By.
Page 514 November 20, 2001