HomeMy WebLinkAboutM121499~30ARD OF SUPERVISORS
MINUTES
December 14, ;2999
R. J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE ROUX, 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVfS, 5th District
Call to Order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville. Supervisors present:
Beeler, Houx, Josiassen, Davis, and Chair Dolan. Also present:
John 5. Blacklock, Chief Administrative Officer; 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 -- Tom Adams, Associate Pastor, Paradise Seventh Day
Adventist Church, Paradise.
99-402 Items removed from the Consent Agenda for $oard consideration and
action. (99}
1. Department of Social Welfare/Department of Behavioral
Health, - Memorandum of Understanding (MOU} - Board approval
is requested by the Welfare Department for an MOU with the
Butte County Department of Behavioral Health for treatment
services for Ca1WORKs participants. The term of the MOU is
July 1, 1999, through June 30, 2001, with a maximum amount
payable of $1,100,000 ger fiscal year (department budget} -
action requested - APPROVE MOU AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTX COUNSEL AND THE AUDITOR-
CONTROLLER.
Consent Agenda
99-403
1. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-109 (DISTRICT ATTORNEY [4/5 vote required]) AND
B-107 (BEHAVIORAL HEALTH).
2. County Library Donations - in accordance with Government Code
Section 25355, donations of $200 from Izella Krusick Evans
of Chico, and $200 from Barbara Bush Zontek of Oroville, have
been received for the Butte County Trust Fund for the
purchase of books -action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
Page 407 December 14, 1999
December 14, 1999
99-403 3. Sheriff's Office Donation - in accordance with Government
Code Section 25355, a donation of $500 from Chico Power
Equipment was received for the purchase of two Husqvarna
Brush Cutters. This donation was made possible as a result
of a donation of $500 worth of radio advertising given to
Chico Power Equipment by Robb Cheal, General Manager, KZAP
Radio - action requested - ACCEPT DONATION AND AUTHORTZE
LETTERS OF APPRECIATION TO BOTH CHICO POWER EQUIPMENT AND
KZAP RADIO.
9. Public Health Donation - in accordance with Government Code
Section 25355, a donation of $800 from Merck 6 Company has
been received to help fund the annual immunization update
program - action requested - ACCEPT DONATION AND AUTHORIZE
A LETTER OF APPRECIATION; AND APPROVE BUDGET TRANSFER B-106
(9/5 vote required} ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE.
5. County Service Area (CSR) Charges - Protest Hearing Ballot
Proceeding Public Hearing - Board approval is requested by
the Public Works Department to set a public hearing for
February $, 2000, at 10:30 a.m., pursuant to Article 7 of
Chapter 2.2 of Division 2 of Title 3 of the Government Code
(commencing with Section 25210.70), Article VI of Chapter 21
of the Butte County Code (commencing with Section 21-85}, and
Article XIIID, Section 6 of the California Constitution, to
hear and consider all objections or protest regarding County .-.
Service Area Charges for CSA No. 100 (Holly Gardens} and
CSA No. 119 (South Fork Estates) - action requested - ADOPT
RESOLUTION 99-167 AND AUTHORIZE THE CHAIR TO SIGN.
6. Durham Mosquito Abatement District - action requested -
REAPPOTNT SANDY ATTEBERRY TO A TERM TO END DECEMBER 31, 2003.
7. Animal Control Advisory Board - action requested - ACCEPT
RESIGNATION OF LOIS PANTEL, PUBLIC MEMBER, AND AUTHORIZE
LETTER OF APPRECIATION; AND APPOINT BARBARA ST. JOHN, PUBLIC
MEMBER.
6. Butte County Mosquito and Vector Control District - action
requested - REAPPOINT BERNARD KNAPP, DISTRICT 5
REPRESENTATIVE, TO A TERM TO END DECEMBER 31, 2001.
Land Conservation Act Inclusions - the Land Conservation Act
Advisory Committee unanimously voted to recommend the
following inclusions into Land Conservation Act Agreements:
Evelyn C. Liptrap, 48.23 acres, APN 047-260-138; Robert and
Cesarina Beale, 158.2 acres, APN 029-030-019 and 020
(subject to receiving a current title report showing
ownership of the property); Robert and Betty Storm, 146.88
acres, APN 029-220-071 AND 072; Gerald D. and Beverly D.
Jones, 667 acres, APN 041-260-003, 0765, 041-290-006, and -,
035; and Philip L. Wilson, 100 acres, APN 047--080-015 and
016 - action requested - APPROVE AGREEMENTS AND AUTHORIZE THE
CHAIR TO SIGN.
Page 408 December 14, 1999
December 14. ,;,1_999
99-403 10. County Library - Computer Equipment Purchase - Board approval
is requested by the Director of Libraries to purchase a 3COM
.r... HSS 9 port WAN T-1 module #3C76047, in the amount of $2,762
(department budget) to provide for the connection of the
Library Solutions server to the Chico branch library -action
requested - APPROVE PURCHASE OF A FIXED ASSET ITEM.
11. District Attorney - Vehicle Purchase - Board approval is
requested by the District Attorney's Office-Criminal Division
to purchase six vehicles from the Family Support Division,
utilizing Citizens' Options for Public Safety (COPS) funds
in an amount not to exceed $30,000 - action requested -
APPROVE PURCHASE OF VEHICLES UTILIZING COPS FUNDS.
12. Sheriff's Office - Surplus Snowmobiles - Board approval is
requested by the Sheriff's Office to declare surplus four
Ski-Doo Everest model snowmobiles which are no longer
economic to repair based on age and condition. The Tuolumne
County Sheriff's Office has offered to exchange four flight
helmets for the snowmobiles, and Board approval is requested
to authorize the County Purchasing Department to provide for
the exchange - action requested - DECLARE ITEMS SURPLUS TO
THE NEEDS OF THE COUNTY AND AUTHORIZE DISPOSAL IN ACCORDANCE
WITH COUNTY POLICY.
13. Fire Department - Equipment Purchase - Board approval is
requested by the Fire Department (Pentz Valley Volunteer Fire
Department) to purchase a Holmatro Extrication Tool. Funding
for the purchase will be provided utilizing both Community
Cost Share Trust Fund funds and Pentz Valley Volunteer Fire
Company funds - action requested - APPROVE BUDGET TRANSFER
B-305 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AND TRANSFERRING FUNDS AS NEEDED; AND
APPROVE PURCHASE OF A FIXED ASSEfi ITEM.
14. Mandated Costs - Sexually Violent Predators - in fiscal year
1998-99 the Auditor's Office submitted a mandated cost claim
to the State for the costs associated with the Sexually
Violent Predators Program pursuant to Welfare and
Institutions Code Section 6601.5. In October 1999 the County
received payment from the State for these costs, and Board
approval is requested to accept and appropriate these funds
to allow payment of invoices incurred under this program -
action requested - APPROVE BUDGET TRANSFER B-103 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE.
15. Adoption of a Salary Ordinance Amendment - the Superior Court
of California, County of Butte, has requested the Personnel
Department prepare a salary ordinance amendment which adds
the classification of Court Administrator-Family & Children's
Division and sets the salary range at $4,180-$5,081 - action
requested - ADOPT ORDINANCE 357. AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 12-7-99)
Page 409 December 14, 1999
December 14, 1999
99-403
16. Adoption of a Salary Ordinance Amendment - the Superior Court
of California, County of Butte, has requested the Personnel
Department prepare a salary ordinance amendment which adds
the classification of Chief Deputy Court Executive Officer -
Technology ($4,180-$5,061) to administer the Court's computer
and video systems - action requested - ADOPT ORDINANCE 3572
AND AUTHORIZE THE CHAIR TO SIGN. {FROM 12-7-99)
17. Introduction of a Salary Ordinance Amendment - the General
Services Director has requested the Personnel Department
prepare a salary ordinance amendment which will delete the
classification of Buyer, create the classifications of
Buyer I and Buyer II, and flexibly staff the current position
of Buyer to Buyer II/I to provide for staff upward mobility -
action requested - WAIVE READING OF THE ORDINANCE.
18. Resolution to Accept Butte County Department of Social
Welfare Family Preservation Community Alternatives to
Violence Support Program Plan - Board approval is requested
by the Welfare Department for a resolution which approves the
goals, objectives, and related activities of the Family
Preservation Community Alternatives to Violence and Support
Program Plan as required by Federal regulations - action
requested - ADOPT RESOLUTION 99-168 AND AUTHORIZE THE CHAIR
TO SIGN.
19. Resolution for Butte County Library Internet Acceptable Use
Policy and Videotape Policy -- Board approval is requested by
the Libraries Director for a resolution to establish an
acceptable use policy for Internet and videos in response to
requirements for Public Library Funding - action requested -
ADOPT RESOLUTION 99-169 AND AUTHORIZE THE CHAIR TO SIGN.
20. Office of Criminal Justice Planning - Elder Abuse Program
Grant Application - Board approval. is requested by the
District Attorney's Office to apply to the Office of Criminal
Justice Planning for a grant in the amount of $105, 000 to
fund Elder Abuse programs. The District Attorney will enter
into a partnership with the Adult Protective Services
Division of the Welfare Department for the implementation of
the program - action requested - ADOPT RESOLUTION 99-170
AUTHORIZING THE DISTRICT ATTORNEY TO SUBMIT A GRANT
APPLICATION AND AUTHORIZE THE CHAIR TO SIGN.
21. Managed Health Network - Board approval is requested by the
Personnel Department for an agreement with Managed Health
Network for the provision of the Employee Assistance
Program. The term of the agreement is July 1, 1999,
through June 30, 2000, at the rate of $6.11 per employee, per
month {department budget} - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X11492}
Page 410
December 14, 1999
December 14, 1999
99-403
22. State Department of Health Services - Women, Infants and
Children (WIC} -- Board approval is requested by the Public
Health Department for a revenue agreement with the State
Department of Health Services for the provision of the WIC
program, which provides supplemental nutritious foods to
mothers, infants, and young children. The term of the
agreement is October 1, 1999, through September 30, 2002,
with a maximum amount payable to the County of $707,539 for
1999-2000, $707,764 for 2000-2001, and 5708,012 for
2001-2002 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. 99-85700)
23. Del Norte Clinics - Agreement Amendment - Board approval is
requested by the Public Health Department for a modification
to an agreement with Del Norte Clinics for the provision of
Medi-Cal Outreach Program services. The modification extends
the term date from September 30, 1999, to December 31, 1999,
with all other terms and provisions remaining the same -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN.
24. University of California, Davis - Board approval is requested
by the Welfare Department for an agreement with the
University of California, Davis for the provision of
Eligibility Services Training to provide employees with the
knowledge and resources needed to successfully meet Federal
and State welfare reform requirements. The term of the
agreement is July 1, 1999, through June 30, 2000, with a
maximum amount payable of $40,500 ($39,425 department
budget/$6,075 University in-kind contribution) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X11491)
25. Drescher Tract Assessment District Final Engineer's
Report - the Public Works Department is requesting Board
approval of the Final Engineer's Report for the Drescher
Tract Assessment District which updates the actual
construction costs, and provides reimbursement to the
individuals who provided funds to start the Assessment
District process - action requested - ADOPT RESOLUTION 99-171
AND AUTHORIZE THE CHAIR TO SIGN.
26. Butte County Fish and Game Commission -- By-law Amendment -
8oard approval is requested to approve an amendment to the
Butte County Fish and Game Commission's By-laws which would
amend the Commission's meeting dates and locations - action
requested - ACCEPT THE RECOMMENDATION OF THE BUTTE COUNTY
FISH AND GAME COMMISSION AND
Page 411
APPROVE A BY-LAW AMENDMENT.
December 14, 1999
December I4, 1999
99-403 27. Adoption of a Salary Ordinance Amendment - the proposed
salary ordinance amendment implements recommended budget
adjustments and mid-year changes: Treasurer/Tax Collector:
adds one 60~ regular help position of Information Systems
Analyst II to end July 31, 2000. County Counsel: deletes
one position of Supervising Legal Secretary and one position
of Office Assistant III/II/I; adds one position of Staff
Services Systems Specialist and one position of Legal
Secretary II/I. Sheriff-Coroner-Services: deletes two
positions of Account Specialist/Senior Account Clerk/Account
Clerk; adds one position of Administrative Services Assistant
and one position of Auditor-Accountant I111. Sheriff-
Coroner-Special Enforcement Unit: converts one term position
of Deputy Sheriff (term to end 6-30-02) to regular help.
Probation: adds one position of Information Systems
Technician II/I and one position of Probation Officer III.
Public Health--General Services: adds four positions of
Public Health Nurse III/II/I; extends two term positions of
Public Health Assistant and one term position of Office
Assistant III/II/I (terms to end 6-30-QO). Behavioral
Health-General Services: adds one position of Senior Mental
Health Counselor/Mental Health Counselor, two positions of
Mental Health Clinician II/I, and one position of Medical
Records Technician II/I. Welfare-Services: adds two
positions of Social Worker VI/III and ane position of
Administrative Analysis III. Buildings and Grounds
Maintenance: deletes one term position of 5uperintendent-
Buildings and Grounds (term to end 6-30-00) and one term
position of Administrative Services Assistant (term to end
12-31-99). Director of Public Health Laboratory - salary
increased to $4,286-$5,209 - action requested - ADOPT
ORDINANCE 3573 AND AUTHORIZE THE CHATR TO SIGN. {FROM
12-7-99)
28. State Department of Community Services and Development -
Mentor Grant Amendment - Board approval is requested by the
Butte County Department of Behavioral Health (BCDBH) for an
amendment to a revenue agreement with the State Department
of Community Services which provides an additional $22,500
to the BCDBH Mentoring Program. The term of the agreement
remains October 1, 199$, through September 30, 2000, with
an amended total award amount of $97, 500 -- action requested --
ADOPT RESOLUTION 99-172 AUTHORIZING BCDBH TO ACCEPT
ADDITIONAL GRANT REVENUE; APPROVE BUDGET TRANSFER B-108
(4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
GRANT REVENUE; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. {Contract No. R40089) (105)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.25 REMOVED AND
ITEM 3.07 AMENDED TO CORRECT THE SPELLING OF LOIS PANTEL.
M S
VOTE: ]. Y 2 Y 3 Y 9 Y 5 Y (Unanimously Carried)
Page 412 December 14, 1999
December 14.,,,_1999
CHAIR DOLAN OFFERS THE DEEPEST CONDOLENCES OF THE BOARD ON THE
RECENT PASSING OF TOM MASTELLER, COUNTY ELECTIONS CLERK.
Regular Agenda
99-404 Appointments - Commissions and Committees (155)
A. Appointments to committee vacancies. (NONE)
99-905 Update on legislative and budget activities. (173)
2000 Legislative Platform - action requested - ADOPT THE 2000
LEGISLATIVE PLATFORM,
PRESENTATION TO THE BOARD BY DALE WAGERMAN, COUNTY LOBBXTST,
WAGERMAN.
MOTION: I MOVE TO ADOPT THE 2000 LEGISLATIVE PLATFORM AS AMENDED, TO
REMOVE TWO PROVISIONS: CALWORKS EMPLOYMENT REQUIREMENTS (LOCATED
AT THE $OTTOM OF PAGE 16) AND COMMUNITY SERVICE WORK ASSIGNMENTS
(LOCATED AT THE TOP OF PAGE 17). I FURTHER MOVE TO DIRECT STAFF
TO WORK WITH THE PROBATION DEPARTMENT AND THE DRUG COURT TO OBTAIN
APPROPRIATE LANGUAGE FOR A PROPOSAL TO SUPPORT JUVENILE AND
DEPENDANCY DRUG COURTS.
M S
VOTE: 1 Y 2 Y 3 Y 9 Y 5 Y (Unanimously Carried)
99-406 Year 2000 {Y2 K) Compliance Update - presentation to the Board
regarding the status of County operating systems and embedded chip
inventory - action requested - ACCEPT FOR INFORMATION. {864)
PRESENTATION TO THE BOARD BY BOB BARNES, DIRECTOR OF INFORMATION
SYSTEMS, AND MIKE MADDEN, EMERGENCY SERVICES OFFICER, ON THE
STATUS OF Y2K PREPARATIONS IN THE COUNTY.
99-407 Items removed from the Consent Agenda for Board consideration and
action. (1253)
1. Department of Social Welfare/Department of Behavioral.
Health - Memorandum of Understanding (MOU) - Board approval
is requested by the Welfare Department for an MOU with the
Butte County Department of Behavioral Health for treatment
services for CalWORKs participants. The term of the MOU is
July 1, 1999, through June 30, 2001, with a maximum amount
payable of $1,100,000 per fiscal year (department budget) -
action requested - APPROVE MOU AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
MOTION: I MOVE TO APPROVE THE MOU AND AUTHORIZE THE CHAIR fi0 SIGN SUBJECT
TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
M S
VOTE; l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 413 December 14, 1999
December 14. 1999
RECESS: 9:59 A.M.
RECONVENE: 10:02 A.M.
Public Hearing and Timed Ttems
99-408 Continued Public Hearing - Butte County Department of Public
Works - Reclamation Plan - Roger Green Appeal - consideration of
an appeal of the Planning Commission's approval of a reclamation
plan (item on which a negative declaration with mitigation
measures regarding environmental impacts has been recommended) for
a pre-existing 44 acre gravel mine on property zoned P-Q (Public-
Quasi-public) located northeast of the City of Gridley, south of,
and adjacent to, Almond Avenue, Gridley (MIN 99-01 [DB]) - action
requested:
1. SUBJECT TO FINDING I(A) AS DETAILED IN THE STAFF REPORT DATED
DECEMBER 19, 1999, ADOPT A MITIGATED NEGATIVE DECLARATION;
2. SUBJECT TO THE FINDING THAT THE DESIGN OF THE PROPOSED
PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND/OR WILDLIFE OR THEIR HABITAT, APPROVE A "DE MINIMUS"
EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME
ENVIRONMENTAL FILING FEES; AND
3, SUBJECT TO FINDINGS III (A AND B) AS DETAILED IN THE STAFF .-
REPORT DATED DECEMBER 14, 1999, APPROVE RECLAMATION PLAN
99-01 SUBJEGT TO THE CONDITIONS LISTED IN EXHIBIT "A" OF THE
STAFF REPORT DATED DECEMBER 14, 1999. (FROM 9-28-99) (1600)
PUBLIC HEARING RECONVENED: 10:09 A.M.
PUBLIC HEARING CLOSED: 10:23 A.M.
MOTION: SUBJECT TO FINDING T(A) AS DETAILED IN THE STAFF REPORT DATED
DECEMBER 14, 1999, AND THE FINDING THAT THE BOARD OF SUPERVISORS
HAS INDEPENDENTLY REVIEWED, ANALYZED, AND CONSIDERED THE PROPOSED
NEGATIVE DECLARATION WITH MITIGATION MEASURES PRIOR TO MAKING ITS
DECISION ON THE PROJECT, AND HEREBY FINDS THAT THE NEGATIVE
DECLARATION WITH MITIGATION MEASURES REDUCES IMPACTS BELOW LEVELS
OF SIGNIFICANCE, AND REFLECTS AN INDEPENDENT JUDGEMENT OF BUTTE
COUNTY, I MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION; SUBJECT
TO THE FINDING THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR
WILDLIFE OR THEIR HABITAT, I MOVE TO APPROVE A "DE MINIMUS"
EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME
ENVIRONMENTAL FILING FEES; AND SUBJECT TO FINDINGS III (A AND B)
AS DETAILED IN THE STAFF REPORT DATED DECEMBER 14, 1999, FURTHER
MOVE TO APPROVE RECLAMATION PLAN 99-01 SUBJECT TO THE CONDITIONS
LISTED IN EXHIBIT "A" OF THE STAFF REPORT DATED DECEMBER 14, 1999.
5 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) --
Page 414 December 14, 1999
December 14. 1999
99-409 REGULAR AGENDA ITEM 4.07 TAKEN IN CONJUNCTION WITH THE PUBLIC
HEARING.
Report to the Board - Almond Avenue Mine - consideration of the
operating status of the Almond Avenue Mine - action requested -
DIRECT THE PUBLIC WORKS DEPARTMENT TO PLACE THE ALMOND AVENUE MINE
INTO AN IDLE STATUS AND TO DEVELOP AND IMPLEMENT AN INTERIM
MANAGEMENT PLAN WITHIN ONE YEAR. (1700/2490)
MOTION: I MOVE DIRECT THE PUBIC WORKS DEPARTMENT TO PLACE THE ALMOND
AVENUE MINE INTO AN IDLE STATUS AND TO DEVELOP AND IMPLEMENT AN
INTERIM MANAGEMENT PLAN WITHIN ONE YEAR.
S M
VOTE: l Y 2 Y 3 Y 9 Y 5 Y (Unanimously Carried)
Regular Agenda
99-9I0 Memorandum of Agreement Concerning Floodplain Management -
cansideration of an amendment to the Memorandum of Agreement with
the State Reclamation Board for floodplain management of areas
adjacent to the Sacramento River - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. {FROM
11-9-99)(2615)
MOTION: I MOVE TO APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
99-411 Disadvantaged Business Enterprise (DBE) Program for Capital
Improvement Construction Contracts Involving Federal Funds - Board
consideration of a revised DBE Program that reflects new federal
regulations - action requested - ADOPT RESOLUTION APPROVING DBE
PROGRAM AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE
DIRECTOR OF PUBLIC WORK TO SIGN DBE PROGRAM DOCUMENTS. (2668)
MOTION: I MOVE TO ADOPT RESOLUTION 99-173 APPROVING THE DBE PROGRAM AND
AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE DIRECTOR OF PUBLIC
WORT{ TO SIGN D$E PROGRAM DOCUMENTS.
M S
VOTE: 1 Y 2 Y 3 X 4 Y 5 Y (Unanimously Carried)
Page 415 December 14, 1999
December 14,,,_J.999
Pub.]..ic Hearing and Timed Items
99-412 Public Hearing -- Use Permit Appeal - Dennis and Annette Cahoon --
consideration of an appeal of the Planning Commission's approval
of a Use Permit (item on which a negative declaration with
mitigation measures regarding environmental impacts has been
recommended) to allow for the operation of a portable sawmill and
wood sputter in conjunction with commercial firewood and cut
lumber sales. The Use Permit allows for the storage of up to 20
cords of wood on property zoned A-5 (Agricultural - 5 acre
parcels). The property is located northwest of, and adjacent to,
Muir Avenue, approximately 1,100 feet northeast of Rodeo Avenue,
Chico, and identified as APN 042-010-067 (File # UP99-22
[DB]) -- action requested -
1. SUBJECT TO FINDINGS I (A AND B} AS DETAILED IN THE STAFF
REPORT DATED DECEMBER 14, 1999, ADOPT A MITIGATED NEGATIVE
DECLARATION;
2. SUBJECT TO THE FINDING THAT THE DESIGN OF THE PROPOSED
PROJECT IMPROVEMENTS WILL NOT CAUSE ENVTRONMENTAL DAMAGE TO
FISH AND/OR WILDLIFE AND THEIR HABITAT, APPROVE A "DE
MINIMUS" EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH
AND GAME ENVIRONMENTAL FILING FEES; AND
3. SUBJECT TO FINDINGS III (A 1 - 6) AS DETAILED IN THE STAFF
REPORT DATED DECEMBER 14, 1999, DENY THE APPEAL AND APPROVE ..-,
USE PERMIT 99-22 SUBJECT TO THE CONDITTONS LISTED IN EXHIBIT
"A" OF THE STAFF REPORT DATED DECEMBER 14, 1999. (27b2} (**00)
PUBLIC HEARING OPENED: 10:34 A.M.
PUBLIC HEARING CLOSED: 11:10 A.M.
MOTION: I MOVE TO UPHOLD THE APPEAL AND DENY THE USE PERMIT.
M
VOTE: 1 2 3 4 5 (MOTION DIES FOR LACK OF SECOND)
MOTION: I MOVE TO DENY THE APPEAL AND APPROVE THE USE PERMIT SUBJECT TO
THE CONDITIONS THAT THE USE PERMIT IS LIMITED TO 3 YEARS, THAT THE
HOURS OF OPERATION BE LIMITED TO 2 HOURS PER DAY, 5 DAYS A WEEK;
AND THAT CONDITION 7 AND 13 ARE TO REMAIN AS RECOMMENDED BY STAFF.
I FURTHER MOVE THAT SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN
THE STAFF REPORT DATED DECEMBER 19, 1999, ADOPT A MITIGATED
NEGATIVE DECLARATION; AND SUBJECT TO THE FINDING THAT THE DESIGN
OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL
DAMAGE TO FISH AND/OR WILDLTFE AND THEIR HABITAT, APPROVE A "DE
MINIMUS" EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND
GAME ENVIRONMENTAL FILING FEES.
M
VOTE: 1 2 3 4 5 (MOTION DIES FOR LACK OF SECOND}
Page 416 December 14, 1999
December__14, 1999
99-412 MOTION: SUBJECT TO FINDINGS I (A AND $) AS DETAILED IN THE
STAFF REPORT DATED DECEMBER 14, 1999, I MOVE TO ADOPT
A MITIGATED NEGATIVE DECLARATION. SUBJECT TO THE
FINDING THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND/OR WILDLIFE AND THEIR HABITAT, I FURTHER MOVE
TO APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION
OF DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING
FEES; AND SUBJECT TO FINDTNGS III (A 1 - 6} AS DETAILED
IN THE STAFF REPORT DATED DECEMBER 14, 1999, I MOVE TO
DENY THE APPEAL AND APPROVE USE PERMIT 99-22 SUBJECT TO
THE CONDITIONS LISTED IN EXHIBIT "A" 4F THE STAFF
REPORT DATED DECEMBER 14, 1999.
M S
VOTE: l Y 2 Y 3 N 4 Y 5 Y (Motion Carried}
RECESS: 11:22 A.M.
RECONVENE: 11:29 A.M.
Page 417 December 14, 1999
December 14, 1999
99-413 Public Hearing -- Use Permit Appeal - Ruddy Creek Partnership -
consideration of an appeal of the Planning Commission's denial of
a Use Permit for a 156 unit mobile home park (item on which a ~.
negative declaration with mitigation measures regarding
environmental impacts has been recommended) on property zoned A-R
(Agricultural-Residential} and located on the southeast corner of
18th Street and Feather Avenue, Thermalito. The property is
identified as APN 030-360-082 and 083. A design of 125 units
has also been considered (File # UP98-27 [DD]) - action requested:
1. SUBJECT TO FINDINGS I (A-C) AS DETAILED IN THE STAFF REPORT
DATED DECEMBER 14, 1999, STAFF RECOMMENDS THE BOARD DENY THE
APPEAL AND DENY A 156 UNIT MOBILE HOME PARK bESIGN; AND
2. UPHOLD THE APPEAL AND APPROVE USE PERMIT 98-27 TO PERMIT A
125 UNIT MOBILE HOME PARK PROJECT AT THE REDESIGNED DENSITY
OF 5.4 DWELLING UNITS PER ACRE SUBJECT TO THE FOLLOWING
ACTIONS:
A. SUBJECT TO FINDINGS II {A 1-3) AS DETAILED IN THE STAFF
REPORT DATED DECEMBER 14, 1999, ADOPT A NEGATIVE
DECLARATION WITH MITIGATION MEASURES; AND
B. SUBJECT TO FINDINGS II (B 1 A-G) AS DETAILED IN THE
STAFF REPORT DATED DECEMBER 14, 1999, APPROVE USE
PERMIT 98-27 FOR RUDDY CREEK PARTNERSHIP, NOT TO EXCEED
5.4 DWELLING UNITS PER ACRE, 4R 125 UNITS, SUBJEGT TO .-,
THE CONDITIONS LISTED IN EXHIBIT "A" OF THE STAFF
REPORT DATED DECEMBER 14, 1959; AND
3. SUBJECT TO FINDINGS III {A-GJ AS DETAILED IN THE STAFF REPORT
DATED DECEMBER 14, 1999, DETERMINE THE PROJECT TO BE
CONSISTENT WITH THE OROVILLE MUNICIPAL AIRPORT COMPREHENSIVE
LAND USE PLAN. (**1315){***00)
PUBLIC HEARING OPENED: 11:39 A.M.
PUBLIC HEARING CLOSED: 12:22 P.M.
PUBLIC HEARING REOPENED AT 12:26 P.M.
MOTION: I MOVE TO CONTINUE THIS HEARING OPEN TO MARCH 14, 2000,
AT 10:30 A.M.
S M
VOTE: 1 Y 2 N 3 N 4 Y 5 Y (Motion Carried)
RECESS: 12:34 P.M.
RECONVENE: 12:45 P.M.
Page 418 December 14, 1999
December 14, 1999
Regular Agenda
.-..
99-414 Field of Dreams Sports and Entertainment Measure - action
requested:
1. RESCIND ACTION ADOPTING INITIATIVE ORDINANCE ENTITLED, "~`IELD
OF DREAMS SPORTS AND ENTERTATNMENT MEASURE"; AND
2. A. ADOPT A RESOLUTION PLACING THE PROPOSED ORDINANCE ON
THE BALLOT; OR
B. REQUEST A REPORT PURSUANT TO CALIFORNIA ELECTIONS CODE
SECTION 9111 AS REQUIRED BY LAW TO PROVIBE INFORMATION
TO ASSIST THE BOARD IN MAKING A FUTURE DECISION WHETHER
TO ADOPT THE PROPOSED INITIATIVE ORDINANCE OR TO ADOPT
A RESOLUTION PLACING THE PROPOSED INITIATIVE ORDINANCE
ON THE BALLOT. (***583}(****00}
MOTION: T MOVE Tp RESCIND THE ACTION ADOPTING INITIATIVE ORDINANCE
ENTITLED, "FIELD OF DREAMS SPORTS AND ENTERTAINMENT MEASURE", AND
REQUEST A REPORT PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION
9111.
M S
VOTE: 1 N 2 Y 3 Y 9 N 5 N (Motion Fails to Carry}
99-415 CLOSED SESSION: the Board recessed at 2:35 p.m. to a closed
session conference with legal counsel regarding
actual litigation pursuant to Government Code
Section 54956.9(a): Butte Environmental Council
v. County of Butte; and public employee
performance evaluations pursuant to Government
Code Section 59957: Agricultural Commissioner,
Chief Administrative Officer, and Director-
Information Systems. (****1215} ALL OTHER CLOSED
SESSION ITEMS LISTED ON THE AGENDA WERE REMOVED
WITIiOUT ACTION.
RECONVENE: the Board reconvened at 3:35 p.m. from a closed
session conference with legal counsel regarding
actual litigation pursuant to Government Code
Section 54956.9(a}: Butte Environmental Council
v. County of Butte; and public employee
performance evaluations pursuant to Government
Code Section 54957: Agricultural Commissioner,
Chief Administrative Officer, and Director-
Informatian Systems. (****1253}(NO ANNOUNCEMENTS)
Page 419 December 14, 1999
December 14, 1999
Regular Agenda
,...,.
99-416 Butte County Animal Control Program Update - report to the Board
on the current and future issues and challenges for the Animal
Control Program - action requested - ACCEPT FOR INFORMATION.
{****1270}{*****00)
PRESENTATION TO THE BOARD BY TOM REID, DIRECTOR OF ENVIRONMENTAL
HEALTH, AND CRAIG ERICKSON, PROGRAM MANAGER-ENVIRONMENTAL HEALTH.
99-417 A Matter on Which a Motion of Intent Has Been Adopted -
Reclamation District No. 833 - adoption of a resolution which
calls for an election for twa trustee positions on the governing
board of Reclamation District No. 833, and directs the District to
begin the nomination process anew - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-7-99}
(*****108)
MOTION: I MOVE TO ADOPT RESOLUTION 99-174 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
99-418 Airport Land Use Commission Joint Meeting - Board consideration of
a joint meeting between the Board of Supervisors and the Airport
Land Use Commission to discuss issues of joint concern - action
requested - REQUEST THE ADMINISTRATIVE OFFICE TO PLAN AND
COORDINATE A TIME FOR A JOINT MEETING BETWEEN THE BOARD OF -..-
SUPERVISORS AND THE AIRPORT LAND USE COMMISSION. (*****127)
MOTION: I MOVE TO DIRECT THE ADMINISTRATIVE OFFICE TO PLAN AND COORDINATE
A TIME FOR A JOINT MEETING BETWEEN THE BOARD OF SUPERVT50R5 AND
THE AIRPORT LAND USE COMMISSION TO BE HELD IN THE NEXT TWO MONTHS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
99-419 Solid Waste Joint Powers Agreement - consideration of a request to
notify the City of Chico regarding termination of a Joint Powers
Agreement for solid waste and recycling within the Chico urban
area - action requested - NOTIFY THE CITY OF CHICO OF TERMINATION
OF JOINT POWERS AGREEMENT. (*****198}
MOTION: I MOVE TO NOTIFY THE CITY OF CHICO OF TERMINATION OF THE JOINT
POWERS AGREEMENT.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 420 December 14, 1999
December 19 1999
99-420 Employment Agreements - consideration of employment agreements for
the Agricultural Commissioner, Chief Administrative Officer, and
Director--Information Systems - action requested - APPROVE
AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (*****388)
MOTION: I MOVE TO EXTEND THE EMPLOYMENT AGREEMENT WITH THE AGRICULTURAL
COMMISSION FOR A PERIOD OF FOUR YEARS; EXTEND THE EMPLOYMENT
AGREEMENT WITH THE DIRECTOR OF INFORMATION SYSTEMS FOR A PERIOD OF
THREE YEARS; AND EXTEND THE EMPLOYMENT AGREEMENT WITH THE CHIEF
ADMINISTRATIVE OFFICER FOR A PERIOD OF THREE YEARS. THE
AGREEMENTS ARE TO BE AMENDED A5 FOLLOWS: SECTION 1.02 - THE ABOVE
NOTWITHSTANDING EMPLOYER SHALL NEGOTIATE WITH EMPLOYEE A RENEWAL
OF EMPLOYEE'S CONTRACTUAL RELATIONSHIP WITH EMPLOYER OR GIVE
TxTD T+7sT T'. TT Al/I R+Ti~L~ /l LT L•~.1T7 nvnn! n TLTmTI.Tm rr.w. ~~r.m m.-. ..,-.:..-.... .~...., ~....-..-.
EVENT SHALL EMPLOYEE'S CONTACT EXPIRE SOONER THAN 1$0 DAXS AFTER
EMPLOYER'S WRITTEN NOTICE TO EMPLOYEE OF ITS INTENTION NOT TO
RENEW."
M S
VOTE: l Y 2 X 3 Y 4 Y 5 Y (Unanimously Carried)
99-921 Notice of Completion - Roadway Rehabilitation on Midway from
Durham Dayton Highway to 500 Feet South of Oroville Chico
Highway, County Project 26311-98-1 - all contract work has been
completed in accordance with plans and specifications - action
requested - ACCEPT CONTRACT WORK; AUTHORIZE CHAIR TO SIGN THE
NOTICE OF COMPLETION; AND DIRECT RECORDING OF THE NOTICE OF
COMPLETION. (FROM 12-7-99}(*****945)
MOTION: I MOVE TO ACCEPT CONTRACT WORK; AUTHORIZE CHAIR TO SIGN THE NOTICE
OF COMPLETION; AND DIRECT RECORDING OF THE NOTICE OF COMPLETION.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
99-422 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.)
(*****460)(NONE)
Page 421 December 14, 1999
December I4 1999
Communications
99--423 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFTCE.)
A. Gifford D. Massey, Executive Director, Butte County Employees
Association, writes to the Board to appeal the determination
by the Employee Relations Officer that a proposed new
bargaining unit is appropriate as defined within Section
10.7 of the Butte County Personnel Rules and is consistent
with the provisions of Section 3507.3 of the Government
Code. (REFERRED TO CHIEF ADMINISTRATIVE OFFICER AND DIRECTOR-
PERSONNEL [12-7-99])
B. Gordon M. Hagin, Magalia, writes to the Board to request
assistance regarding a subdivision plan which was submitted
to the County over four months ago and has not been completed
to date. (REFERRED TO CHIEF ADMINISTRATIVE OFFICER AND
DIRECTOR-PUBLIC WORKS [11-29-99])
ADJOURNMENT: There being no further business before the Board,
the meeting was adjourned at 4:41 p.m. to
reconvene on Tuesday, January 11, 2000.
DOLAN, Chair
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Cle of /the and o~fj~Supervisors
By '/ ~'Y/~--
Page 422 December 14, 1999