HomeMy WebLinkAboutM121900BOARD OF SUPERVISORS
MINUTES
December 19, 2000
00-382
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th District
Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Beeler, Houx, Josiassen, Davis, and Chair
Dolan. Also present: John S. Blacklock, Chief Administrative
Officer; Bruce Alpert, County Counsel; and Marion Reeves,
Assistant Clerk of the Board
Pledge of Allegiance to the Flag of the United States of
America.
Invocation - Reverend Larry Walter, First Congregational
Church, Oroville.
Items removed from the Consent Agenda for Board consideration
and action. (133)
1. Installation of Storm Drainage Facilities along East
Tenth Street (Chico), County Project No. CDBG-97-1 -
Contract Change Order (CCO) No. 2 - CCO No. 2 provides
for the stipulation that all contract work must be
completed by December 30, 2000, in response to the
requirements of the resource agencies and the Community
Development Block Grant Program - action requested -
APPROVE CCO NO. 2 AND AUTHORIZE THE CHAIR TO SIGN.
2. Installation of Storm Drainage Facilities along a
Tributary of Wyman Ravine in the Palermo Area, County
Project No. CDBG-97-2 - Contract Change Order (CCO)
No. 1 - CCO No. 1 provides for the stipulation that all
contract work must be completed by December 30, 2000, in
response to the requirements of the resource agencies and
the Community Development Block Grant Program - action
requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO
SIGN.
THESE ITEMS REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION
OR ACTION.
Page 417 December 19, 2000
December 19, 2000
00-383 Consideration of the addition of an item to the Consent Agenda:
Juvenile Hall Donation - pursuant to Government Code Section
25355, a donation of $200 from an anonymous donor has been
received for the Butte County Juvenile Hall for the purchase of
gifts for the children in the facility. (143)
MOTION: PURSUANT TO GOVERNMENT CODE SECTION 54954.2(b)(2), I MOVE TO
FIND THAT THERE IS A NEED TO TAKE IMMEDIATE ACTION, AND THAT
NEED FOR ACTION CAME TO THE ATTENTION OF THE LOCAL AGENCY
SUBSEQUENT TO THE AGENDA BEING POSTED, AND FURTHER MOVE TO ADD
THIS ITEM TO THE CONSENT AGENDA.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Consent Acrenda
00-384 1. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-116 (LIBRARY); B-119 (EMERGENCY SERVICES);
AND B-118 (DISTRICT ATTORNEY). Budget transfers listed
above require a 4/5 vote.
2. County Library Donations - in accordance with Government
Code Section 25355, donations of $2,295 from the Chico
Friends of the Library; $500 from Fraternal Order of
Eagles, 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.
3. Juvenile Hall Donation - in accordance with Government
Code Section 25355, a donation of $500 from the Saints of
Christ Church of Chico, and $200 from an anonymous donor,
have been received by the Probation Department for the
purchase of gifts for the children in the Butte County
Juvenile Hall - action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
4. Durham Land Estates Subdivision - Richard and Nicole
Peterson have requested the formation of a County Service
Area for street lighting and storm drainage maintenance
services for the Durham Land Estates Subdivision. Board
approval is requested for a resolution making application
to the Local Agency Formation Commission, and setting a
public hearing to conduct a protest hearing and ballot
proceeding pursuant to the requirements of
Proposition 218 - action requested - ADOPT RESOLUTION
00-154 AND AUTHORIZE THE CHAIR TO SIGN; AND SET A PUBLIC
HEARING FOR TUESDAY, FEBRUARY 27, 2001, AT 10:30 A.M.,
FOR THE PURPOSE OF CONDUCTING A PROTEST HEARING AND
BALLOT PROCEEDING.
Page 418 December 19, 2000
December 19, 2000
00-384 5. Equipment Purchase - Sheriff's Office - Board approval
is requested by the Sheriff's Office for the sole source
purchase of a radio, audio panels, and navigation
equipment for the County's Bell 206II helicopter.
Funding for the purchase ($20,000) was approved by the
Board on July 25, 2000, and the sole source purchase is
being requested from Redding Aerotronics of Redding, to
provide for standardization of the radio equipment in the
helicopter - action requested - APPROVE SOLE SOURCE
PURCHASE OF EQUIPMENT FROM REDDING AEROTRONICS OF
REDDING, IN AN AMOUNT NOT TO EXCEED $20,000.
6. Equipment Purchase - Treasurer-Tax Collector - Board
approval is requested by the Treasurer-Tax Collector to
upgrade the Central Collections Division's computer
program used to track and pursue court collections. The
upgrade is requested in support of the enhanced
collections and compliance program with the Superior
Court of California, County of Butte. The agreement to
purchase, in the amount of $34,344.77 (department
budget), provides for a software upgrade, including an
automated collection package, licenses, and technical
services required to upgrade the current system - action
requested - APPROVE AGREEMENT TO PURCHASE AND AUTHORIZE
THE CHAIR TO SIGN. (Contact No. X11881)
7. Relief of Accountability - Sheriff's Office - Board
approval is requested by the Sheriff's Office for relief
of accountability for a Northgate 286 computer system
(asset no. 19738) which was discarded without the
necessary documentation, and a Teledyne 30 watt thermo-
generator (asset no. 20948) destroyed by vandalism. The
Auditor's Office and the District Attorney's Office have
reviewed the request - action requested - GRANT RELIEF OF
ACCOUNTABILITY.
Page 419 December 19, 2000
December 19, 2000
00-384 8. District Attorney-Family Support Division - Budget
Adjustment - Board approval is requested by the District
Attorney-Family Support Division (DA-FSD) to adjust the
adopted DA-FSD fiscal year 2000-2001 budget. Effective
fiscal year 1999-2000, the DA-FSD has been funded by
State and Federal funds pursuant to State legislation.
The County's fiscal year 2000-2001 DA-FSD budget was
adopted contingent upon State approval. The State's
final allocation is $460,979 less than the County's
adopted budget. This reduction includes the elimination
of 29 vacant positions allocated to the department in the
final budget. The DA-FSD budget is being adjusted to
align with the State approved budget, and the Personnel
Department has prepared an agenda item deleting the 29
unfunded position allocations (see item 3.24) - action
requested - APPROVE BUDGET TRANSFER B-111 (4 /5 vote
required) DECREASING VARIOUS EXPENDITURE ACCOUNTS
EQUIVALENT TO STATE ALLOCATIONS, AND REBUDGETING PRIOR
YEAR ENCUMBRANCES BY REDUCING CURRENT YEAR EXPENDITURE
ACCOUNTS.
9. California Department of Insurance - workers'
Compensation Fraud Investigation and Prosecution Grant -
Board approval is requested by the District Attorney to
accept and appropriate $77,479 in additional grant
revenue received from the California Department of
Insurance in support of the workers' Compensation Fraud
Investigation and Prosecution Program - action
requested - APPROVE BUDGET TRANSFER B-112 (4 /5 vote
required) ACCEPTING AND APPROPRIATING ADDITIONAL GRANT
REVENUE.
10. California Department of Insurance - Automobile Insurance
Fraud Investigation and Prosecution Grant - Board
approval is requested by the District Attorney to accept
and appropriate $26,528 in additional grant revenue
received from the California Department of Insurance in
support of the Automobile Insurance Fraud Investigation
and Prosecution Program - action requested - APPROVE
BUDGET TRANSFER B-113 (4/5 vote required) ACCEPTING AND
APPROPRIATING ADDITIONAL GRANT REVENUE.
11. State of California, Department of Justice - Spousal
Abuser Prosecution Program - Board approval is requested
by the District Attorney to accept a grant award in the
amount of $84,000 from the State of California,
Department of Justice, for funds to support a Spousal
Abuser Prosecution Program - action requested - ACCEPT
GRANT AWARD.
Page 420 December 19, 2000
December 19, 2000
00-384 12. Local Agency Improvement Fees - the Auditor-Controller
submits the Combined Report of Impact Fees or Local
Agency Improvement Fees for Fiscal Year 1999-2000.
Pursuant to Government Code Section 66006, this item will
return to the agenda on January 9, 2001, for final
review, and notice is hereby given that the information
is on file and available for public inspection in the
Administrative Office, 25 County Center Drive, Oroville,
Monday through Friday, 8:00 a.m. to 5:00 p.m. - action
requested - ACCEPT FOR INFORMATION, AND AS PUBLIC NOTICE;
AND DIRECT THIS ITEM TO RETURN TO THE AGENDA OF
JANUARY 9, 2001, FOR FINAL REVIEW.
13. State Department of Health Services - Declaration of
Intent to Apply for Rural Health Services Funds for
Fiscal Year 2000-2001 - the Rural Health Services Program
administers selected funds collected under the Tobacco
Tax and Health Project Act of 1988. The State Department
of Health Services has elected not to administer the
Hospital Services Program. Completion of the Declaration
of Intent to Apply for Rural Health Services Funds is
required for the State to send approximately $50,000 in
program funds to Butte County for distribution to the
participating hospitals - action requested - APPROVE
DECLARATION AND AUTHORIZE THE CHAIR TO SIGN.
14. English Language Literacy Intensive Grant - Board
approval is requested by the Director of Libraries to
accept and appropriate $18,900 in English Language
Literacy Intensive Grant funds received from the
California State Library. The Board approved submission
of the grant application on September 26, 2000 - action
requested - APPROVE BUDGET TRANSFER B-115 (4 /5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT
REVENUE.
15. Adoption of a Salary Ordinance Amendment - the Personnel
Department has prepared a salary ordinance amendment
which incorporates the addition of the Local Agency
Formation Commission (LAFCo) budget unit into the salary
ordinance, and establishes the classifications of LAFCo
Executive Officer and LAFCo/Administrative Support
Services Assistant - action requested - ADOPT ORDINANCE
3659 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-5-00
[3.21] )
Page 421 December 19, 2000
December 19, 2000
00-384 16. Adoption of a Salary Ordinance Amendment - the welfare
Department has requested the Personnel Department prepare
a salary ordinance amendment which will convert one
extra-help Specialist-Public Guardian/Public
Administrator position, and one extra-help Paralegal
position to regular help positions. These positions will
continue to assist in reducing the backlog of cases
pending in the department, and to help provide enhanced
services - action requested - ADOPT ORDINANCE 3660 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 12-5-00 [3.22])
17. Adoption of a Salary Ordinance Amendment - the Personnel
Department is requesting Board approval for a salary
ordinance amendment which will flexibly staff the Office
Assistant III position in the Personnel Office to an
Office Assistant III/II/I-Secretary II/I position.
Flexibly staffing the position will provide the
department greater flexibility in assignment of critical
job tasks, promote retention capability, and enhanced
recruitment opportunities - action requested - ADOPT
ORDINANCE 3661 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
12-5-00 [3.23] )
18. Adoption of a Salary Ordinance Amendment - the
Agricultural Commissioner has requested the Personnel
Department prepare a salary ordinance amendment which
will add the position of Deputy Agricultural
Commissioner, as approved in the fiscal year 2000-2001
budget - action requested - ADOPT ORDINANCE 3662 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 12-5-00 [3.24])
19. Adoption of a Salary Ordinance Amendment - the Butte
County Department of Behavioral Health has requested the
Personnel Department prepare a salary ordinance amendment
which will adjust the hourly compensation rate of the
Forensic Services Coordinator position from $18.27-$22.21
to $19.25-$23.39 (retroactive to July 8, 2000) to
incorporate the July 2000 market adjustment, and to
maintain historical salary relationship between the
positions of Senior Psychiatric Technician and Forensic
Services Coordinator - action requested - ADOPT ORDINANCE
3663 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-5-00
[3.25] )
Page 422 December 19, 2000
December 19, 2000
00-384 20. Adoption of a Salary Ordinance Amendment - the Butte
County Department of Behavioral Health has requested the
Personnel Department prepare a salary ordinance amendment
which adds five and one-half positions of Senior Mental
Health Counselor/Mental Health Counselor/Mental Health
worker; one position of Mental Health Clinician II/I; and
one position of Office Assistant III/II/I in support of
a program to serve homeless adults with serious mental
illness. Funding for the positions is available from a
grant received from the California Department of Mental
Health - action requested - ADOPT ORDINANCE 3664 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 12-5-00 [3.26)
21. Introduction of a Salary Ordinance Amendment - the
Personnel Department submits a salary ordinance
amendment, pursuant to a side letter of agreement with
the Butte County Management Employees Association, which
increases the salary range for the position of Director
of Health Education from $24.58-$29.88 to $25.23-$30.67,
retroactive to October 2, 1999 - action requested - WAIVE
READING OF THE ORDINANCE.
22. Introduction of a Salary Ordinance Amendment - the
District Attorney-Family Support Division has requested
the Personnel Department prepare a salary ordinance
amendment which corrects the position allocations
incorrectly listed in the fiscal year 2000-2001 budget.
The amendment deletes two positions of Legal Typist
Clerk; and adds two positions of Accounting
Specialist/Senior Account Clerk, and one position of
Supervising Family Support Case Manager. There are no
budgetary impacts associated with these corrections -
action requested - WAIVE READING OF THE ORDINANCE.
23. Introduction of a Salary Ordinance Amendment - the
District Attorney-Family Support Division has requested
the Personnel Department prepare a salary ordinance
amendment which flexibly staffs several positions in the
division. The ordinance deletes two positions of
Auditor-Accountant II, two positions of Auditor-
Accountant I, five positions of Family Support Case
Manager, and one position of Information Systems
Technician II; and adds four positions of Auditor-
Accountant II/I, five positions of Family Support Case
Manager III/II/I, and one position of Information Systems
Technician II/I. Flexibly staffing the positions will
provide the department with greater staffing choices -
action requested - WAIVE READING OF THE ORDINANCE.
Page 423 December 19, 2000
December 19, 2000
00-384 24. Introduction of a Salary Ordinance Amendment - the
District Attorney-Family Support Division has requested
the Personnel Department prepare a salary ordinance
amendment which deletes the following vacant position
allocations from the District Attorney-Family Support
Division's budget in response to a reduced State budget
allocation for the division (see item 3.08): one position
of Auditor-Accountant II/I, six positions of Family
Support Case Manager I, one position of Courier Stock
Clerk, one position of Administrative Services Assistant,
four positions of Accounting Specialist, eight positions
of Office Assistant II, seven positions of Office
Assistant III, and one position of Senior Account
Clerk/Account Clerk - action requested - WAIVE READING OF
THE ORDINANCE.
25. Introduction of a Salary Ordinance Amendment - the
Probation Department has requested the Personnel
Department prepare a salary ordinance amendment which
adds one regular help position of Administrative
Analyst III/II/I (position to end 6-30-O1) The position
is being added to fill a vacancy created by a long-term
disability absence. Funding for the position is
available in the department's budget - action requested -
WAIVE READING OF THE ORDINANCE.
26. Introduction of a Salary Ordinance Amendment - the
Department of Social welfare has requested the Personnel
Department prepare a salary ordinance amendment which
adds the following positions in support of the Children's
Services program: one position of Social worker
Supervisor II, four positions of Social Services Aide,
one position of Office Assistant III/II/I, and one
position of Senior Account Clerk/Account Clerk. Funding
for the positions is available utilizing unappropriated
funds from the final State allocation for Child welfare
Services, Emergency workload Relief, and Board approval
is requested for a budget transfer to provide the
necessary funding - action requested - APPROVE BUDGET
TRANSFER B-117 (4/5 vote required); AND WAIVE READING OF
THE ORDINANCE.
27. Introduction of a Salary Ordinance Amendment - the Local
Agency Formation Commission (LAFCo) has requested the
Personnel Department prepare a salary ordinance amendment
which corrects the effective date of the establishment of
LAFCo as an independent budget unit, retroactive to
July 1, 2000. The ordinance also establishes the
position and salary of the LAFCo/Administrative Support
Services Assistant position, retroactive to July 1, 2000,
to accurately reflect LAFCo's adoption of these items -
action requested - WAIVE READING OF THE ORDINANCE.
Page 424 December 19, 2000
December 19, 2000
00-384 28. Introduction of a Salary Ordinance Amendment - the
District Attorney-Family Support Division has requested
the Personnel Department prepare a salary ordinance
amendment which creates the classification of Senior
District Attorney Investigator ($19.13 - $23.25); deletes
one position of Assistant Family Support Administrator;
and adds one position of Senior District Attorney
Investigator. The department is requesting the change to
align staffing resources with business needs - action
requested - WAIVE READING OF THE ORDINANCE.
29. Introduction of a Salary Ordinance Amendment - the
District Attorney-Criminal Division has requested the
Personnel Department prepare a salary ordinance amendment
which allocates two positions of Senior District Attorney
Investigator to the Criminal Division-Investigations Unit
to provide a supervision structure within the unit. Once
the new positions are filled, the department will
delete two positions of District Attorney
Investigator II/I - action requested - WAIVE READING OF
THE ORDINANCE.
30. Introduction of a Salary Ordinance Amendment - the Public
works Department has requested the Personnel Department
prepare a salary ordinance amendment which reclassifies
one half-time position of Secretary I/Office Assistant
II/I to one half-time position of Secretary I/Office
Assistant III/II/I, to provide the department with
greater staffing choices; and reclassifies one position
of Supervising Storekeeper to one position of Staff
Services Systems Specialist to incorporate the additional
duties performed by that position - action requested -
WAIVE READING OF THE ORDINANCE.
31. Resolution in Recognition of Donald E. Anderson Upon His
Retirement from the Department of Public works - action
requested - ADOPT RESOLUTION 00-155 AND AUTHORIZE THE
CHAIR TO SIGN.
32. Resolution in Recognition of Ben L. Curcuru Upon His
Retirement from the Department of Public works - action
requested - ADOPT RESOLUTION 00-156 AND AUTHORIZE THE
CHAIR TO SIGN.
33. Resolution in Recognition of Richard K. Lewis Upon His
Retirement from the Department of Public works - action
requested - ADOPT RESOLUTION 00-157 AND AUTHORIZE THE
CHAIR TO SIGN.
34. Resolution in Recognition of Jim D. Shultz Upon His
Retirement from the Department of Public works - action
requested - ADOPT RESOLUTION 00-158 AND AUTHORIZE THE
CHAIR TO SIGN.
Page 425 December 19, 2000
December 19, 2000
00-384 35. Resolution in Recognition of Emmett Pogue Upon His
Retirement from the Administrative Office - action
requested - ADOPT RESOLUTION 00-159 AND AUTHORIZE THE
CHAIR TO SIGN.
36. Resolution Approving Adoption of a Canine to be Utilized
as a Canine Officer - Board approval is requested by the
Sheriff's Office to adopt and recognize "Marco" as a
member of the Sheriff's Office Canine Unit - action
requested - ADOPT RESOLUTION 00-160 AND AUTHORIZE THE
CHAIR TO SIGN.
37. Installation of Storm Drainage Facilities along East
Tenth Street (Chico), County Project No. CDBG-97-1 -
Contract Change Order (CCO) No. 1 - CCO No. 1, in the
increasing amount of $23,560, provides for the required
movement of a drain pipe 15 feet to the east to avoid
environmental impacts - action requested - APPROVE
CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN.
38. Construction of Left Turn Pockets on Durham Pentz Road -
County Project No. 43341-99-1 - Contract Change Order
(CCO) No. 1 - CCO No. 1, in the increasing amount of
$6,236.78, provides for minor changes in the planned
roadway section which resulted in a change in quantity of
the contract items - action requested - APPROVE CCO NO. 1
AND AUTHORIZE THE CHAIR TO SIGN.
39. Installation of Storm Drainage Facilities along Oroville
Chico Highway, County Project No. 48253-95-1 - Contract
Change Order (CCO) No. 2 - CCO No. 2, in the increasing
amount of $1,000, provides for the cleaning of the
existing northerly ditch line to facilitate an overflow
system and increase overall flood control capacity -
action requested - APPROVE CCO NO. 2 AND AUTHORIZE THE
CHAIR TO SIGN.
40. Construction of Left Turn Pockets on Durham Pentz Road -
County Project No. 43341-99-1 - Notice of Completion -
the project consisted of widening the existing shoulders
and constructing turn pockets on Durham Pentz Road at the
intersections of Williams Road and Campus Drive. All
contract work has been completed in accordance with plans
and specifications - action requested - ACCEPT CONTRACT
WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF
COMPLETION; AND DIRECT RECORDING OF THE NOTICE OF
COMPLETION.
Page 426 December 19, 2000
December 19, 2000
00-384 41. California Department of Food and Agriculture -
Amendment - Board approval is requested by the
Agricultural Commissioner for an amendment to the revenue
agreement with the California Department of Food and
Agriculture for the provision of augmentation,
improvement, and maintenance services of a uniform and
viable inspection program of establishments selling and
distributing petroleum products. The amendment increases
the maximum amount payable to the County by $3,660, which
provides for a reimbursement rate of $75 for initial
inspections conducted, and $5 for each complaint
investigated. All other terms and conditions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40177)
42. California Department of Food and Agriculture - Board
approval is requested by the Agricultural Commissioner
for a revenue agreement with the California Department of
Food and Agriculture for the provision of services by the
County in support of High Risk Pest Exclusion work Plans.
The term of the agreement is July 1, 2000, through
June 30, 2001, with a maximum amount payable to the
County of $36,903 - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40271)
43. Oroville Professional Arts Center - Board approval is
requested by the Butte County Department of Behavioral
Health for a lease agreement with the Oroville
Professional Arts Center for the property located at 2858
Olive Highway, Suites A, B, and C, Oroville. The
property is utilized by the Youth Services Division. The
term of the agreement is July 1, 2000, through
June 30, 2002, with a maximum amount payable of $47,450
for the multi-year term, and infill costs of $650
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X11826)
44. Chico Community Shelter Program - Board approval is
requested by the Butte County Department of Behavioral
Health for an agreement with Chico Community Shelter
Partnership for the provision of services in support of
a program to assist the mentally ill homeless. The term
of the agreement is December 1, 2000, through
June 30, 2001, with a maximum amount payable of $87,354
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 427 December 19, 2000
December 19, 2000
00-384 45. Portia Lyde - Amendment - Board approval is requested by
the District Attorney-Family Support Division for an
amendment to the lease agreement with Portia Lyde for the
office space located at 1447 Huntoon Street, Oroville.
The facility will be utilized as a training facility for
the new automated child support enforcement system. The
amendment provides for additional language to clarify the
responsibilities of the lessee and lessor for
compensation and infill costs, and deletes the provision
regarding communications cabling. Board approval is also
requested for a budget transfer of prior year funds for
the agreement which will provide appropriation for
current year expenses. The term remains June 1, 2000,
through July 30, 2003 - action requested - APPROVE BUDGET
TRANSFER B-114 (4/5 vote required); AND APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X11709)
46. Hunter's Pest Control - Board approval is requested by
the General Services Director for an agreement with
Hunter's Pest Control for the provision of pest control
services to County buildings. The term of the agreement
is December 31, 2000, through December 30, 2003, with a
monthly amount payable of $1,230 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X11878)
47. Private Industry Council - Board approval is requested by
the Department of Social welfare for a renewal agreement
with the Private Industry Council for the provision of
employment services to eligible CalWORKs recipients. The
term of the agreement is July 1, 2000, through
June 30, 2001, with a maximum amount payable of $600,000
($50.00 per hour of service provided [department
budget]) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
48. Annual Report to the California State Library - the
Director of Libraries submits a copy of the Annual Report
to the California State Library for Fiscal Year
1999-2000 - action requested - ACCEPT FOR INFORMATION.
49. Authorization of a Paid Leave of Absence - the County
Clerk-Recorder-Registrar of Voters has requested the
Personnel Department prepare an agenda item, pursuant to
the Personnel Rules, Section 12.48, to approve a 22-day
(working days) paid leave of absence for Shauna Sanders,
a County Clerk employee who has been selected to
participate in the Rotary International Group Study
Exchange Program - ACTION REQUESTED - PURSUANT TO THE
PERSONNEL RULES, SECTION 12.48, APPROVE A PAID LEAVE OF
ABSENCE FOR SHAUNA SANDERS, NOT TO EXCEED 22 WORKING DAYS
IN APRIL AND MAY 2001. (172)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS
3.38 AND 3.41, AND THE ADDITION OF THE ANONYMOUS DONATION FOR
THE PROBATION DEPARTMENT, AS ADDED BY A PREVIOUS MOTION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 428 December 19, 2000
December 19, 2000
Regular Agenda
CHAIR DOLAN PRESENTS A RESOLUTION TO THE SHERIFF-CORONER,
DEPUTY ERIC CHRISTOPHER, AND "MARCO", A NEW MEMBER OF THE
SHERIFF'S CANINE UNIT. (185)
CHAIR DOLAN PRESENTS A RESOLUTION TO DON ANDERSON UPON HIS
RETIREMENT FROM THE COUNTY. (237)
BOB LINSCHEID, BUTTE COUNTY ECONOMIC DEVELOPMENT CORPORATION,
AND KEN HIGGINBOTHAM, BUTTE COUNTY ECONOMIC DEVELOPMENT
CORPORATION BOARD MEMBER, PRESENT A PLAQUE OF APPRECIATION TO
SUPERVISOR FRED C. DAVIS. (320)
THE BOARD PRESENTS A PLAQUE OF APPRECIATION TO SUPERVISOR
FRED C. DAVIS. (414)
CHAIR DOLAN PRESENTS A RESOLUTION TO EMMETT POGUE UPON HIS
RETIREMENT FROM THE COUNTY. (553)
RECESS: 9:30 A.M.
RECONVENE: 9:44 A.M.
Regular A ecr nda
00-385 Appointments - Commissions and Committees. (792)
1. Appointments to committee vacancies. (NONE)
2. In-Home Supportive Services Advisory Committee -
consideration of a resolution establishing an in-home
supportive services advisory committee for the purpose of
providing recommendations to the Board on preferred modes
of services to be utilized for in-home supportive
services, and appointment of committee members - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN; AND APPOINT MARK GORDON, JAY HARRIS, HOWARD GREGG,
JAMES A. MARSHALL, PATRICIA NAOMI DAVIS, ROSIE GRINNELL,
SARAH OKUMBE, DORIS LAUGHLIN, DAVID BROWN, DIANE COOPER,
AND PATTY SMITH, COMMITTEE MEMBERS. (FROM 7-11-00
[4.04]) (798)
MOTION: I MOVE TO ADOPT RESOLUTION 00-161 AND AUTHORIZE THE CHAIR TO
SIGN; AND APPOINT MARK GORDON, JAY HARRIS, HOWARD GREGG,
JAMES A. MARSHALL, PATRICIA NAOMI DAVIS, ROSIE GRINNELL, SARAH
OKUMBE, DORIS LAUGHLIN, DAVID BROWN, DIANE COOPER, AND PATTY
SMITH, COMMITTEE MEMBERS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 429 December 19, 2000
December 19, 2000
00-386 Presentation to the Board - Fire PALS - presentation to the
Board of a unique education and prevention program for children
by the Butte County Interagency Fire PALS (Prevention And Life
Safety) - action requested - ACCEPT FOR INFORMATION. (906)
PRESENTATION TO THE BOARD BY THE BUTTE COUNTY INTERAGENCY FIRE
PALS.
00-387 Update on legislative and budget activities. (1532)
1. 2001 Legislative Platform - consideration of the adoption
of the 2001 legislative platform for Butte County. The
legislative platform sets legislative priorities and
goals for the upcoming legislative session - action
requested - ADOPT 2001 LEGISLATIVE PLATFORM.
MOTION: I MOVE TO ADOPT THE 2001 LEGISLATIVE PLATFORM AS AMENDED: TO
CORRECT THE DOLLAR AMOUNT GIVEN ON PAGE 18 FOR THE ROCK CREEK
FLOOD CONTROL PROJECT TO $800,000, TO INCLUDE LEGISLATION WHICH
WOULD REQUIRE BACKGROUND CHECKS FOR IN-HOME CARE GIVERS AND
FOSTER CARE WORKERS, TO AGGRESSIVELY SEEK PROPERTY TAX
ALLOCATION REFORM, TO ADD AN ENERGY SECTION TO THE PLATFORM
WHICH WILL ALLOW THE COUNTY TO ADDRESS THE FEDERAL ENERGY
REGULATORY COMMISSION'S RE-LICENSING PROCESS FOR THE DAM AND TO
ADDRESS UPCOMING ISSUES IN THE ENERGY AREA, AND TO CLARIFY
LANGUAGE IN THE PLATFORM TO ENSURE ANY ELECTION COSTS RESULTING
FROM ALTERATIONS TO THE ELECTION PROCESS ARE COVERED BY THE
STATE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:28 A.M.
RECONVENE: 10:37 A.M.
Page 430 December 19, 2000
December 19, 2000
Public Hearincrs and Timed Items
00-388 Continued Public Hearing - Cary Gunn - Use Permit/Mining Permit
and Reclamation Plan (Roger and Vicky Stauffer) - consideration
of an appeal of a Use Permit and Mining Permit/Reclamation Plan
(item on which a negative declaration with mitigation measures
regarding environmental impacts has been recommended) to
operate a surface aggregate mine. The proposed mine operation
involves the extraction and processing of alluvial gravel from
the 42-acre mine site in a series of 5 phases, with an average
size of 8.4 acres each. The mine will be operated
intermittently. Mining will occur on an upland terrace of Dry
Creek. Production will equal approximately 50,000 to 250,000
tons per year, with a total estimated production of 650,000
tons of material. The mined material will be processed by a
portable rock crusher and screen into various products. The
processed material will be hauled off-site, via Wheelock Road.
Each phase will be mined-out in approximately 6 months to 2
years, with the conclusion of all mining occurring in 2 to 8
years after permit approval. The expected termination date of
the mine is November 2008. A Reclamation Plan has been
submitted in accordance with the State Surface Mining and
Reclamation Act. After final mining is completed, and the plan
grade for each phase is achieved, the site shall be reclaimed
to a condition that will allow for grazing uses. The final
reclaimed condition of the mine site will result in a vegetated
depression of 8 feet, with a gradual slope from the perimeter
of the mined area, contoured to match the surrounding terrain.
The proposed 42-acre mine site is located within a 536-acre
parcel of the Lucky 7 Ranch, and lies on the south terrace of
Dry Creek, west of and adjacent to Wheelock Road approximately
one-third mile north of the intersection of Wheelock Road and
State Highway 70 in the Pentz area, and identified as APN 041-
120-115 (DB [File # MIN 98-02]) - action requested - SHOULD THE
BOARD MOVE TO APPROVE THE PROJECT, STAFF RECOMMENDS THE BOARD
CONTINUE THE MINING PERMIT HEARING FOR CARY GUNN (MIN 98-02) TO
ALLOW INCLUSION OF THE NOISE STUDY AND REVISED MITIGATIONS
WITHIN THE MITIGATED NEGATIVE DECLARATION AND INITIAL STUDY,
AND TO ALLOW FOR RECIRCULATION AND PUBLIC REVIEW OF THAT
DOCUMENT. (FROM 10-10-00 [5.05] ) (2410) (**00)
PUBLIC HEARING RECONVENED AT 10:58 A.M. AND CONTINUED OPEN TO
A TIME UNCERTAIN TO ALLOW INCLUSION OF THE NOISE STUDY AND
REVISED MITIGATIONS WITHIN THE MITIGATED NEGATIVE DECLARATION
AND INITIAL STUDY, AND TO ALLOW FOR RECIRCULATION AND PUBLIC
REVIEW OF THAT DOCUMENT. THIS ITEM WILL BE RE-NOTICED PRIOR TO
RETURNING TO THE AGENDA.
Page 431 December 19, 2000
December 19, 2000
00-389 Public Hearing - Law Library Fees - consideration of an
ordinance amending Article X of Chapter 3 of the Butte County
Code, increasing the Law Library fees paid by litigants in the
Superior Court - action requested - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (**1829)
PUBLIC HEARING OPENED: 11:55 A.M.
PUBLIC HEARING CLOSED: 11:56 A.M.
MOTION: I MOVE TO ADOPT ORDINANCE 3665 AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-390 Public Hearing - Public Health Department Fees - consideration
of an ordinance amending Chapter 43 of the Butte County Code,
regarding fees for services rendered by the Public Health
Department - action requested - ADOPT ORDINANCE AND AUTHORIZE
THE CHAIR TO SIGN; DIRECT ADMINISTRATION AND THE PUBLIC HEALTH
DEPARTMENT TO ENSURE BUSINESS AND CITIZEN REVIEW OF PUBLIC
HEALTH/ENVIRONMENTAL HEALTH FEES IN APPROXIMATELY ONE YEAR; AND
DIRECT THE PUBLIC HEALTH DEPARTMENT TO CONTINUE THE PRIORITY OF
TIME ACCOUNTING AND RESOURCE MANAGEMENT. (**2028)
PUBLIC HEARING OPENED: 12:14 P.M.
PUBLIC HEARING CLOSED: 12:15 P.M.
MOTION: I MOVE TO ADOPT ORDINANCE 3666 AND AUTHORIZE THE CHAIR TO SIGN;
DIRECT ADMINISTRATION AND THE PUBLIC HEALTH DEPARTMENT TO
ENSURE BUSINESS AND CITIZEN REVIEW OF PUBLIC HEALTH/
ENVIRONMENTAL HEALTH FEES IN APPROXIMATELY ONE YEAR; AND DIRECT
THE PUBLIC HEALTH DEPARTMENT TO CONTINUE THE PRIORITY OF TIME
ACCOUNTING AND RESOURCE MANAGEMENT.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 432 December 19, 2000
December 19, 2000
00-391 Continued Public Hearing - Use Permit, Mining Permit,
Reclamation Plan - Scott D. Stephens - consideration of an
appeal of the Planning Commission's approval of a Use Permit,
Mining Permit, and Reclamation Plan, in accordance with the
Surface Mining and Reclamation Act, to operate a surface
aggregate quarry for the extraction of basalt (item on which a
negative declaration with mitigation measures regarding
environmental impacts has been recommended). The mine will
encompass 5 acres within a 326 (+/-) acre property. The
applicant proposes to utilize a sidehill method of excavation
which will leave a graded area and a cut-bank with a 35-degree
slope. A rock crusher, rock screen, and settling pond is also
proposed. Mining operations will take place over ten years.
The mined basalt will be crushed into road base material and
hauled off-site. Maximum anticipated mine depth is 70 feet.
All topsoil shall be conserved for later use in reclamation.
The mine will be reclaimed at the conclusion of operations for
use as a grazing area, which will also support native annual
vegetation and local wildlife. Access to the site is provided
by Canyon Shadows Road, a private road. The property is zoned
"U" (Unclassified) and located approximately 1.5 miles north of
the intersection of Canyon Shadows Road and Humboldt Road, in
the Little Chico Creek Canyon, T22N, R2E, Section 11, MDB&M,
and identified as APN 063-290-056 and 063-290-057 (DB [MIN 99-
02]) - action requested - STAFF RECOMMENDS THE BOARD CONTINUE
THIS MATTER TO JANUARY 23, 2001, AT 10:30 A.M., TO ALLOW FOR
THE PREPARATION AND REVIEW OF A NOISE STUDY. (FROM 10-24-00
[5.03] ) (**2934) (***00)
PUBLIC HEARING RECONVENED AT 12:18 P.M. AND CONTINUED OPEN TO
A TIME UNCERTAIN TO ALLOW FOR COMPLETION OF A NOISE STUDY.
THIS HEARING WILL BE RE-NOTICED PRIOR TO RETURNING TO THE
AGENDA.
RECESS 12:41 P.M.
RECONVENE: 1:13 P.M.
Public Hearincr and Timed Items
00-392 Public Hearing - Neal Road Landfill Fees - consideration of an
ordinance amending Article VII, of Chapter 3 of the Butte
County Code, regarding gate fees chargeable at the Neal Road
Landfill, more specifically, disposal fees - action requested -
ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (***625)
PUBLIC HEARING OPENED AT 1:45 P.M. AND CONTINUED OPEN TO
JANUARY 23, 2001, AT 10:30 A.M.
Page 433 December 19, 2000
December 19, 2000
00-393 Timed Item - Research and Business Park (RBP) General Plan Land
Use Designation - Report to the Board - Site Designation
Criteria - the Development Services Department submits a
revised report which includes the Board's recommendations and
direction given at the meeting of October 24, 2000, regarding
site designation criteria to be adopted as part of the Research
and Business Park General Plan Land Use Designation of the
Butte County General Plan Land Use Element - action requested:
ACCEPT THE PHASE 2 FEASIBILITY STUDY. IN ACCEPTING THIS
REPORT THE BOARD ACKNOWLEDGES THAT THE CRITERIA USED IN
THIS REPORT WILL NOT LIMIT FUTURE CONSIDERATION OF SITES
NOT INCLUDED, OR SITES THAT WERE NOT DEEMED FEASIBLE IN
THIS REPORT. IT IS UNDERSTOOD THAT PROPERTY OWNERS MAY
APPLY FOR RBP DESIGNATION REGARDLESS OF WHETHER OR NOT
THEIR PROPERTY WAS IDENTIFIED IN THIS STUDY;
2. TAKE ONE OF THE TWO FOLLOWING ACTIONS:
A. DETERMINE WHETHER MORE REFINEMENT IS NEEDED. IF
MORE SPECIFIC ANALYSIS IS REQUIRED TO ADDRESS
UNRESOLVED ISSUES IDENTIFIED IN THIS REPORT OR TO
COMPLETE SITE-SPECIFIC STUDIES, ADDITIONAL BUDGET
RESOURCES WILL BE NEEDED; OR
B. DIRECT THE CONSULTANT TO PRODUCE THE FINAL
FEASIBILITY STUDY WITH ANY EDITING CHANGES THE BOARD
DIRECTS; AND
3. TAKE ONE OF THE TWO FOLLOWING OPTIONS:
A. DIRECT STAFF TO PROCEED WITH SPECIFIC ZONING OF
SELECTED SITES (FROM TIER 1, TIER 2, OR AS MODIFIED
BY THE BOARD). IF THIS OPTION IS SELECTED, THE
BOARD SHOULD DIRECT STAFF TO CONTACT LANDOWNERS FOR
FUNDING TO COMPLETE SPECIFIC SITE STUDIES, INCLUDING
ENVIRONMENTAL ANALYSIS; OR
B. ACCEPT THIS REPORT AS THE FINAL REPORT. ALL FUTURE
ACTIONS TO PROPOSE AMENDMENTS TO THE GENERAL PLAN
AND ZONING MAPS WILL BE REQUIRED TO BE INITIATED BY
INDIVIDUAL LANDOWNERS. (FROM 10-24-00 [4.04])
(***1999)(****00)
MOTION: I MOVE TO ACCEPT THE PHASE 2 FEASIBILITY STUDY. IN ACCEPTING
THIS REPORT THE BOARD ACKNOWLEDGES THAT THE CRITERIA USED IN
THIS REPORT WILL NOT LIMIT FUTURE CONSIDERATION OF SITES NOT
INCLUDED, OR SITES THAT WERE NOT DEEMED FEASIBLE IN THIS
REPORT. IT IS UNDERSTOOD THAT PROPERTY OWNERS MAY APPLY FOR
RBP DESIGNATION REGARDLESS OF WHETHER OR NOT THEIR PROPERTY WAS
IDENTIFIED IN THIS STUDY; FURTHER MOVE TO DETERMINE THAT MORE
REFINEMENT IS NEEDED, INCLUDING A PHYSICAL REVIEW OF THE
PROPOSED SITES, THE INVOLVEMENT OF THE BUTTE COUNTY ECONOMIC
DEVELOPMENT CORPORATION AND OTHER MUNICIPALITIES, THE
REFINEMENT OF THE AREA SURROUNDING THE CITY OF GRIDLEY'S SPHERE
OF INFLUENCE, AND AN EVENTUAL DISCUSSION WITH LAND OWNERS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 434 December 19, 2000
December 19, 2000
RECESS: 2:49 P.M.
RECONVENE: 2:58 P.M.
Regular Agenda
00-394 Board Discussion - Bureau of Indian Affairs, Environmental
Assessment (EA) and Finding of No Significant Impact (FONSI)-
discussion regarding a proposed trust acquisition of land in
Butte County (APN 036-310-162) by the United States for the
Mooretown Rancheria - action requested - DIRECT SUBMISSION OF
PLANNING COMMISSION'S COMMENTS AND/OR BOARD OF SUPERVISOR'S
COMMENTS TO THE BUREAU OF INDIAN AFFAIRS. (****853)
MOTION: I MOVE TO DIRECT STAFF TO PREPARE A COMMENT LETTER ON BEHALF OF
THE BOARD TO THE BUREAU OF INDIAN AFFAIRS CONCURRING WITH THE
BUREAU'S FINDING OF NO SIGNIFICANT IMPACT, AND EXPRESSING THE
BOARD'S BELIEF THAT THE MOORETOWN RANCHERIA HAS HAD A HISTORY
OF WORKING WITH THE COUNTY TO ADDRESS CONCERNS RESULTING FROM
THE RANCHERIA'S DEVELOPMENT, AND THAT THE BOARD BELIEVES THAT
THE RANCHERIA WILL CONTINUE TO DO SO.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-395 A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND A MOTION
OF INTENT ADOPTED - James R. Black - General Plan Amendment and
Rezone - consideration of a General Plan Amendment from an
Orchard and Field Crops General Plan designation to an
Agricultural Residential General Plan designation and a Rezone
from A-10 (Agricultural - 10 acre parcels) to SR-3 (Suburban
Residential - 3 acre parcels) on a 9.91 acre parcel (item on
which a negative declaration with mitigation measures regarding
environmental impacts has been recommended). The property is
located at the southeast corner of Burdick Road and Turner Lane
in the Durham area, and identified as APNs 040-020-166, 167,
and 168 (DB [File # UP00-05]) - STAFF RECOMMENDS THE BOARD TAKE
THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(1-5) AS DETAILED IN THE STAFF
REPORT DATED DECEMBER 19, 2000, ADOPT A MITIGATED
NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS;
Page 435 December 19, 2000
December 19, 2000
00-395 2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS
WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR
WILDLIFE OR THEIR HABITAT, AND APPROVE A "DE MINIMUS"
EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND
GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE
PROJECT SITE IS NOT KNOWN TO CONTAIN ANY SPECIES
IDENTIFIED AS A CANDIDATE, SENSITIVE, OR SPECIAL STATUS
SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR
REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND
GAME OR THE UNITED STATES FISH AND WILDLIFE SERVICE. THE
PROJECT WILL NOT HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY
RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON
FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF
THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE
MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR
WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR
ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR, CONFLICT
WITH THE PROVISION OF AN ADOPTED HABITAT CONSERVATION
PLAN;
3. SUBJECT TO FINDING III(1), AS DETAILED IN THE STAFF
REPORT DATED DECEMBER 19, 2000, FIND THE PROPOSED GENERAL
PLAN AMENDMENT IN THE PUBLIC INTEREST IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTION 65358;
4. SUBJECT TO FINDINGS IV(1-2) AS DETAILED IN THE STAFF
REPORT DATED DECEMBER 19, 2000, ADOPT A RESOLUTION
AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN FROM
THE "ORCHARD AND FIELD CROPS" DESIGNATION TO THE
"AGRICULTURAL RESIDENTIAL" GENERAL PLAN DESIGNATION; AND
ADOPT AN ORDINANCE REZONING THE PROPERTY OWNED BY
JAMES R. BLACK, IDENTIFIED AS APN 039-240-075, FROM A-10
(AGRICULTURAL-10 ACRE PARCELS) TO SR-3 (SUBURBAN
RESIDENTIAL-3 ACRE PARCELS), SUBJECT TO THE CONDITIONS OF
APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT
DATED DECEMBER 19, 2000, AND AUTHORIZE THE CHAIR TO SIGN;
AND
5. SUBJECT TO FINDING V(1) AS DETAILED IN THE STAFF
REPORT DATED DECEMBER 19, 2000, ADOPT A RESOLUTION
AMENDING THE DURHAM-DAYTON-NELSON PLAN MAP FROM AN
"ORCHARD AND FIELD CROPS" GENERAL PLAN DESIGNATION TO AN
"AGRICULTURAL RESIDENTIAL" GENERAL PLAN DESIGNATION FOR
PROPERTY OWNED BY JAMES R. BLACK, IDENTIFIED AS APN 039-
240-075, SUBJECT TO THE CONDITIONS OF APPROVAL AS
DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED
DECEMBER 19, 2000, AND AUTHORIZE THE CHAIR TO SIGN.
(****1490)
Page 436 December 19, 2000
December 19, 2000
00-395 MOTION: SUBJECT TO FINDINGS I(1-5) AS DETAILED IN THE STAFF
REPORT DATED DECEMBER 19, 2000, I MOVE TO ADOPT A
MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL
IMPACTS; FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH
AND/OR WILDLIFE OR THEIR HABITAT, AND APPROVE A "DE
MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO
FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5,
AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY SPECIES
IDENTIFIED AS A CANDIDATE, SENSITIVE, OR SPECIAL STATUS
SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR
REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND
GAME OR THE UNITED STATES FISH AND WILDLIFE SERVICE. THE
PROJECT WILL NOT HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY
RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON
FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF
THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE
MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR
WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR
ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR, CONFLICT
WITH THE PROVISION OF AN ADOPTED HABITAT CONSERVATION
PLAN. SUBJECT TO FINDING III(1), AS DETAILED IN THE
STAFF REPORT DATED DECEMBER 19, 2000, I MOVE TO FIND THE
PROPOSED GENERAL PLAN AMENDMENT IN THE PUBLIC INTEREST IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358.
SUBJECT TO FINDINGS IV(1-2) AS DETAILED IN THE STAFF
REPORT DATED DECEMBER 19, 2000, I MOVE TO ADOPT
RESOLUTION 00-162 AMENDING THE LAND USE ELEMENT OF THE
GENERAL PLAN FROM THE "ORCHARD AND FIELD CROPS"
DESIGNATION TO THE "AGRICULTURAL RESIDENTIAL" GENERAL
PLAN DESIGNATION; AND ADOPT ORDINANCE 3667 REZONING THE
PROPERTY OWNED BY JAMES R. BLACK, IDENTIFIED AS APN 039-
240-075, FROM A-10 (AGRICULTURAL-10 ACRE PARCELS) TO SR-3
(SUBURBAN RESIDENTIAL-3 ACRE PARCELS), SUBJECT TO THE
CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE
STAFF REPORT DATED DECEMBER 19, 2000, AND AUTHORIZE THE
CHAIR TO SIGN; AND SUBJECT TO FINDING V(1) AS
DETAILED IN THE STAFF REPORT DATED DECEMBER 19, 2000, I
FURTHER MOVE TO ADOPT RESOLUTION 00-163 AMENDING THE
DURHAM-DAYTON-NELSON PLAN MAP FROM AN "ORCHARD AND FIELD
CROPS" GENERAL PLAN DESIGNATION TO AN "AGRICULTURAL
RESIDENTIAL" GENERAL PLAN DESIGNATION FOR PROPERTY OWNED
BY JAMES R. BLACK, IDENTIFIED AS APN 039-240-075, SUBJECT
TO THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A"
OF THE STAFF REPORT DATED DECEMBER 19, 2000, AND
AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
Page 437 December 19, 2000
December 19, 2000
00-396 Keefer Creek Estates, Phase 2, Lot 52 - consideration of a
request to release all public right, title, and interest in Lot
52 of the Keefer Creek Estates Subdivision, Phase 2. The lot
was originally dedicated to the County for potential sewage
disposal purposes. The Environmental Health Division has
determined that the current operating community sewage system
is adequate, and Lot 52 is no longer needed for sewage disposal
purposes - action requested - FIND THAT THE SAME PUBLIC PURPOSE
FOR WHICH DEDICATION WAS REQUIRED NO LONGER EXISTS AND
AUTHORIZE THE CHAIR TO SIGN A QUIT CLAIM DEED, WHICH RELEASES
ALL PUBLIC RIGHT, TITLE, AND INTEREST IN LOT 52 TO THE
SUBDIVIDER. (****1572)
MOTION: I MOVE TO FIND THAT THE SAME PUBLIC PURPOSE FOR WHICH
DEDICATION WAS REQUIRED NO LONGER EXISTS AND AUTHORIZE THE
CHAIR TO SIGN A QUIT CLAIM DEED, WHICH RELEASES ALL PUBLIC
RIGHT, TITLE, AND INTEREST IN LOT 52 TO THE SUBDIVIDER.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-397 Airport Land Use Commission - Report to the Board - report on
the Airport Land Use Commission's preliminary responses to the
Board of Supervisors' November 21, 2000, comments regarding the
Draft 2000 Airport Land Use Compatibility Plan and Addendum -
action requested - ACCEPT REPORT FOR INFORMATION; AND AUTHORIZE
THE SUBMISSION OF PROPOSED COMMENTS TO THE AIRPORT LAND USE
COMMISSION ON THE PRELIMINARY RESPONSES TO THE DRAFT
COMPATIBILITY PLAN AND ADDENDUM. (****1689)
MOTION: I MOVE TO ACCEPT THE REPORT FOR INFORMATION; AND AUTHORIZE THE
SUBMISSION OF PROPOSED COMMENTS TO THE AIRPORT LAND USE
COMMISSION ON THE PRELIMINARY RESPONSES TO THE DRAFT
COMPATIBILITY PLAN AND ADDENDUM.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-398 CLOSED SESSION: ALL CLOSED SESSION ITEMS WERE REMOVED FROM THE
AGENDA WITHOUT BOARD CONSIDERATION OR ACTION.
(****2707)
00-399 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.) (****2727)
1. HOWARD GREGG, PARENT VOLUNTEER COORDINATOR, SCHOOL TO
CAREER PROGRAM, OROVILLE UNION HIGH SCHOOL DISTRICT,
PROVIDED A BRIEF REPORT TO THE BOARD ON THE SUCCESS OF
THE SCHOOLS TO CAREER PROGRAM.
Page 438 December 19, 2000
December 19, 2000
Communications
00-400 Communications received and referred. (A LISTING AND COPIES OF
COMMUNICATIONS RECEIVED BY THE BOARD IN ADDITION TO THOSE
LISTED BELOW ARE AVAILABLE IN THE CLERK OF THE BOARD' S OFFICE . )
1. David S. Zezulak, Ph.D., Chief, wildlife Programs Branch,
State of California Department of Fish and Game, writes
to provide notification of the Department of Fish and
Game's intent to recommend to the Fish and Game
Commission the following 2001-2002 deer hunts: G-12 -
Gray Lodge Shotgun Either-Sex Deer Hunt; J-9 - Little Dry
Creek Junior Shotgun Either-Sex Deer Hunt. (REFER TO
BUTTE COUNTY FISH AND GAME COMMISSION)
2. Jamie Angely, Area Human Resources Manager, Louisiana-
Pacific Corporation, writes to the Board, pursuant to the
workers Adjustment and Retraining Notification Act, and
U.S. Department of Labor regulations, to give notice that
all production shifts at the Louisiana-Pacific
Corporation Oroville facility will be discontinued
permanently on January 30, 2001. All employees will be
terminated effective January 30, 2001. The facility is
located at 4801 Feather River Boulevard, Oroville.
(REFERRED TO CHIEF ADMINISTRATIVE OFFICER, DEPARTMENT OF
SOCIAL WELFARE, AND THE PRIVATE INDUSTRY COUNCIL [12-4-
00] )
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE
BOARD, THE MEETING WAS ADJOURNED AT 3:54 P.M.
TO RECONVENE AT A REGULAR MEETING OF THE BOARD
TO BE HELD TUESDAY, JANUARY 9, 2001, AT
9:00 A.M.
JANE DOLAN, CHAIR
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Board of Supervisors
By.
Page 439 December 19, 2000