HomeMy WebLinkAboutA012704BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
JANUARY 27, 2004
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County Supervisors
R.J. "Bob" Beeler, District 1
Jane Dolan, District 2
Mary Anne Houx, District 3
Curt Josiassen, District 4
Kim Yamaguchi, District 5
Paul McIntosh, Chief Administrative Bruce Alpert, County Counsel
Officer and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS
9:00 A.M. 1.00 CALL TO ORDER
AGENDA -JANUARY 27, 2004
1.01 Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive,
Oroville.
1.02 Pledge of Allegiance to the Flag of the United States
of America.
1.03 Observation of a Moment of Silence.
2.00 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
3.00 CONSENT AGENDA
BEHAVIORAL
HEALTH 3.01 * Caminar, Inc. - approval is requested for an agreement
with Caminar, Inc., for the provision of vocational
experience and supported employment services. The term
of the agreement is July 1, 2003, through
June 30, 2004, with a maximum amount payable of
$411,004 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.02 * Housing Authority of the County of Butte - Amendment -
approval is requested for an amendment to the agreement
with the Housing Authority of the County of Butte for
services in support of the Adult System of Care
program. The amendment increases the maximum amount
payable by $13,000 (grant funds/department budget).
All other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. X14321)
3.03 * Loumark Associates - Amendment - approval is requested
for an amendment to the lease agreement with Loumark
Associates for the property located at 564 Rio Lindo
Avenue, Suites 100/106, Chico. The locations are
utilized by the Adult Services Division. The amendment
adds language to the agreement regarding
indemnification, insurance, rules and regulations, and
confidentiality. All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X13694)
PAGE 1 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA - .TANIIARY 27, 2004
3.04 * Loumark Associates - Amendment - approval is requested
for an amendment to the lease agreement with Loumark
Associates for the property located at 564 Rio Lindo
Avenue, Suites 200/202/204, Chico. The locations are
utilized by the Adult Services Division. The amendment
adds language to the agreement regarding
indemnification, insurance, rules and regulations, and
confidentiality. All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X13715)
CHIEF
ADMINISTRATIVE
OFFICE 3.05 Adoption of an Ordinance Approving the Amendment of
Certain Time Limitations with Respect to the
Redevelopment Plan for the Greater Chico Urban Area
Redevelopment Project - approval is requested for an
ordinance which will amend the Redevelopment Plan for
the Greater Chico Urban Area Redevelopment Project Area
to implement a one-year extension. The Chico
Redevelopment Agency and Chico City Council adopted
ordinances which provide for the extension on
December 16, 2003, and have requested the County also
approve the extension - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 1-13-
04 [3.29] )
COUNTY
COUNSEL 3.06 * David Kennedy - Amendment - approval is requested for
an amendment to the agreement with David Kennedy for
specialized attorney services for the Children's
Services Division. The amendment increases the maximum
amount payable by $3,300 (department budget). Board
approval is also requested for a transfer of department
funds to provide the appropriation needed for the
amendment - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY THE AUDITOR-CONTROLLER; AND APPROVE BUDGET
TRANSFER B-187, MAKING APPROPRIATION ADJUSTMENTS AND
TRANSFERRING FUNDS AS DETAILED IN THE AGENDA REPORT.
DEVELOPMENT
SERVICES 3.07 * Department of Development Services - Zoning Code
Amendment Report - pursuant to Butte County Code,
submitted is the Planning Commission Action Report on
a proposed amendment to Butte County Code Chapter 24,
requiring a Use Permit for large retail projects, and
establishing mandatory design standards for such
projects. The amendment will apply in the C-1 (Light
Commercial), C-2 (General Commercial), and C-C
(Community Commercial) zones. The Planning Commission
has recommended approval of the proposed ordinance -
action requested - ACCEPT REPORT; AND DIRECT A PUBLIC
HEARING BE SET FOR TUESDAY, FEBRUARY 10, 2004, AT
1:00 P.M., TO CONSIDER THIS MATTER.
PAGE 2 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 27, 2004
3.08 * John McLaughlin - Zoning Code Amendment Report -
pursuant to Butte County Code, submitted is the
Planning Commission Action Report on a proposed rezone
of a 10 +/- acre parcel in the Forest Ranch area from
TM-5 (Timber Mountain - 5 acre parcels) and PUD
(Planned Unit Development) to TM-1 (Timber Mountain -
1 acre parcels). Sewage disposal for future dwellings
on the site would be provided by individual, on-site
septic systems. Domestic water would be obtained from
individual wells. Each of the proposed parcels would
front on the Christina Drive cul-de-sac. Proposed is
a Negative Declaration with mitigation measures
regarding environmental impacts. The Planning
Commission has recommended approval of the rezone -
action requested - ACCEPT REPORT; AND DIRECT A PUBLIC
HEARING BE SET FOR TUESDAY, FEBRUARY 24, 2004, AT
10:30 A.M., TO CONSIDER THIS MATTER.
EMPLOYMENT
AND SOCIAL
SERVICES 3.09 * Request to Retain Position - approval is requested to
retain an Administrative Analyst III position that was
to be deleted as part of the department's 2003-2004
Final Budget actions. The department is requesting the
Board retain the position through fiscal year 2003-
2004. The position will support State compliance
efforts and assist in development of additional
performance measures. Sufficient department funds are
available to support the position through the current
fiscal year - action requested - APPROVE RETENTION OF
ADMINISTRATIVE ANALYST III POSITION THROUGH
JUNE 30, 2004.
FIRE
DEPARTMENT 3.10 * Resolution 1n Appreciation of B111 Green, Volunteer
Firefighter, for 21 Years of Dedicated Service - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
HUMAN
RESOURCES 3.11 * Advanced Step Hires - approval is requested, on behalf
of the District Attorney's Office, for the advanced
step hire of one District Attorney Investigator II
candidate to step 3 of the salary range, and one
District Attorney Investigator II candidate to step 5
of the salary range. The requests are based on
candidate experience. Pursuant to Personnel Rule
11.5(b), the Director-Human Resources is recommending
the advanced step hires - action requested - APPROVE
ADVANCED STEP HIRE OF ONE DISTRICT ATTORNEY
INVESTIGATOR II CANDIDATE TO STEP 3 OF THE SALARY
RANGE; AND APPROVE ADVANCED STEP HIRE OF ONE DISTRICT
ATTORNEY INVESTIGATOR II CANDIDATE TO STEP 5 OF THE
SALARY RANGE.
PAGE 3 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 27, 2004
3.12 * Resolution of Intention to Approve an Amendment to
Contract Between the Board of Administration California
Public Employees' Retirement System (PERS) and the
Board of Supervisors County of Butte - pursuant to the
Probation Peace Officers' Association 2002-2003
Memorandum of Understanding, submitted is a resolution
of intention to amend the County's contract with PERS
to provide the 2$ at 50 Safety Retirement formula to
peace officers represented by the Probation Peace
Officers' Association and the peace officers
represented by the Butte County Management Employees'
Association. An actuarial was requested and provided
by PERS - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
INFORMATION
SYSTEMS 3.13 * State of California, Department of the California
Highway Patrol - approval is requested by the
Communications Division for a revenue agreement with
the State of California, Department of the California
Highway Patrol, for $30,000 to be used by the County
for upgrades and site improvements at the Platte
Mountain Radio Site - action requested - APPROVE BUDGET
TRANSFER B-186 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
LIBRARY 3.14 * First 5/Butte County Children and Families Commission
Grant - approval is requested for a grant application
to the First 5/Butte County Children and Families
Commission for funds to support the Library-Literacy
program. The maximum grant award is $275,000 over a
three-year period - action requested - APPROVE
SUBMISSION OF GRANT APPLICATION AND AUTHORIZE THE
DIRECTOR-LIBRARIES TO SIGN.
3.15 * California Department of Education Grant - approval is
requested to apply to the California Department of
Education for funds from the 21St Century Community
Learning Center Grant. Grant funds will be used for
the Library-Literacy program. The maximum grant award
is $75,000 - action requested - APPROVE SUBMISSION OF
GRANT APPLICATION AND AUTHORIZE THE DIRECTOR-LIBRARIES
TO SIGN.
3.16 * Library Donations -pursuant to Government Code Section
25355, donations of $1, 000 from the Paradise Friends of
the Library group, $500 from the Kosch-Westerman
Foundation, and $250 from the Cosmos Club of Chico,
have been received for the Butte County Trust Fund for
the purchase of books - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
PAGE 4 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - .TANIIARY 27, 2004
PROBATION 3.17 * Redwood Toxicology Laboratory, Inc. - approval is
requested for an agreement with Redwood Toxicology
Laboratory, Inc., for the provision of substance
testing services. The term of the agreement is
January 1, 2004, through June 30, 2004, with an option
to renew annually for a total of three years. The
maximum amount payable for fiscal year 2003-2004 will
be $45,000 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
PUBLIC
woRxs 3.18 Adoption of an Ordinance Establishing Speed Limits on
Specified Roads within the County of Butte - based on
recent engineering and traffic surveys conducted on
East Gridley Road and Larkin Road, the department is
recommending the Board adopt an ordinance which will
establish the following speed zones: 35 miles-per-hour
on Larkin Road from 500 feet south of Anderson Way to
East Gridley Road; Larkin Road from East Gridley Road
to 1,000 feet north of East Gridley Road; Larkin Road
from 1,000 feet South of Higgins Avenue to 800 feet
north of Clardy Avenue; and Larkin Road from 0.35 miles
south of Ord Ranch Road to 400 feet north of the
Sutter-Butte Canal. 40 miles-per-hour on East Gridley
Road from the Gridley city limits to 500 feet east of
Bond Lane. 45 miles-per-hour on East Gridley Road from
500 feet east of Bond Lane to 1,000 feet east of Kirk
Road. 55 miles-per-hour on Larkin Road from 500 feet
south of Campbell Avenue to 1,000 feet south of Higgins
Avenue; Larkin Road from 800 feet north of Clardy
Avenue to 500 feet south of Anderson Way; Larkin Road
from 1,000 feet north of East Gridley Road to 0.35
miles south of Ord Ranch Road; Larkin Road from 400
feet north of the Sutter-Butte Canal to East Rio Bonito
Road/Dos Rios Road; Larkin Road from East Rio Bonito
Road/Dos Rios Road to the Oroville city limits; and
East Gridley Road from 1,000 feet east of Kirk Road to
State Route 70 - action requested - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 1-13-04 [3.52])
3.19 * TGV Solid Waste, Inc. - Amendment - approval is
requested for an amendment to the agreement with TGV
Solid Waste, Inc., for the provision of landfill
operations consulting services. The amendment extends
the term of the agreement through June 30, 2004. All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. X14023)
PAGE 5 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 27, 2004
3.20 * Reconstruction of West East Avenue from State Route 32
to the Chico City Limits; County Project Number 56171-
96-1 - Contract Change Order (CCO) No. 1 - CCO No. 1,
in the increasing amount of $6,555, provides for the
installation of four advance warning traffic loops.
The installation of the advance warning loops will
result in an increase to the overall contract amount
and are to be paid for as extra work (project budget) -
action requested - APPROVE CCO NO. 1 AND AUTHORIZE THE
CHAIR TO SIGN.
3.21 * Resolution Amending Resolution No. 03-175, Approving
the Application for Grant Funds for the Purchase and
Enhancement of Lookout Point - on December 16, 2003,
the Board adopted Resolution No. 03-175, approving
submission of a grant application for funds to purchase
and improve Lookout Point. The original resolution did
not include the necessary language to provide signature
authority to the Director-Public Works. The proposed
resolution will add the authority of the Director-
Public Works to execute and submit documents in support
of the grant - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
3.22 * WTP (Waste Tire Products) - Amendment - approval is
requested for an amendment to the agreement with WTP
(Waste Tire Products) for the collection,
transportation, and recycling of electronic waste
products from the Neal Road Landfill. The term extends
the term of the agreement through June 30, 2004. All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. X14344)
SHERIFF'S
OFFICE 3.23 * Budget Transfer - Sales Tax - approval is requested to
transfer $28,758 from the Sheriff's Helicopter Trust
Fund to provide the appropriation needed to pay sales
tax on the three OH-6A helicopters received through an
equipment exchange with the Department of Justice. The
County is liable for the sales tax based on the value
of the traded equipment - action requested - APPROVE
BUDGET TRANSFER B-189 (4/5 vote required) ACCEPTING AND
APPROPRIATING TRUST FUND REVENUE AS DETAILED IN THE
AGENDA REPORT.
PAGE 6 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA - .TANIIARY 27, 2004
3.24 * State of California, Department of Parks and Recreation
and the Butte Meadows Hillsliders Snowmobile
Club - Amendments - approval is requested for
amendments to agreements in support of the Off-Highway
Vehicle Grant program. The first amendment is to the
grant agreement with the State of California,
Department of Parks and Recreation. The second
amendment is to the services agreement with the Butte
Meadows Hillsliders Snowmobile Club. The amendments
extend the terms of both agreements through
June 30, 2004. Additionally, fiscal year 2002-2003
funds were not expended during that fiscal year, and
the proposed amendments also provide for the
expenditure of prior year grant funds during the
extended term. The fiscal year 2003-2004 grant award
was budgeted at $35,000, but was awarded at $25,000,
and Board approval is also requested for a budget
transfer to reflect the reduced award in the
department's budget accounts - action requested -
APPROVE BUDGET TRANSFER B-188 (4/5 vote required)
MAKING ADJUSTMENTS FOR THE REDUCED GRANT AWARD AS
DETAILED IN THE AGENDA REPORT; APPROVE AGREEMENT
AMENDMENTS (2) AND AUTHORIZE THE SHERIFF TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND AUTHORIZE THE SHERIFF, OR HIS DESIGNEE,
TO SIGN FUTURE GRANT AGREEMENTS, AMENDMENTS, AND
REQUIRED DOCUMENTATION, INCLUDING SERVICE AGREEMENTS IN
SUPPORT OF THE GRANT, SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
TREASURER-
TAx COLLECTOR 3.25 * Monthly Investment Report - submitted is the Monthly
Investment Report dated December 31, 2003, in
accordance with the Statement of Investment Policy
dated July 1, 2003 - action requested - ACCEPT FOR
INFORMATION.
3.26 * Solar Project Interim Financing - approval is requested
to arrange gap financing for the solar energy project.
The project will be financed by a grant from Pacific
Gas and Electric, a loan from the California Energy
Resources and Conservation Commission, and a loan to
cover the remaining gap. Project energy savings are
anticipated to more than offset debt service on the two
loans. The amount to be borrowed is estimated at $1
million - action requested - AUTHORIZE THE TREASURER TO
ARRANGE GAP FINANCING FOR THE SOLAR ENERGY PROJECT AND
TO RETURN THE PROPOSED FINANCING TO THE BOARD FOR FINAL
APPROVAL.
PAGE 7 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 27, 2004
WATER AND
RESOURCE
CONSERVATION 3.27 * California Department of Water Resources - Local
Groundwater Assistance Grant - approval is requested to
apply for a grant from the California Department of
Water Resources for funds to develop the Butte County
Basin Management Objective Information Center. The
maximum grant award will be $250,000 per applicant -
action requested - ADOPT RESOLUTION APPROVING GRANT
APPLICATION AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT
THE DIRECTOR-WATER AND RESOURCE CONSERVATION TO SUBMIT
GRANT APPLICATION.
OTHER
DEPARTMENTS
AND AGENCIES 3.28 * Resolution in Support of Media Coverage - the
Children's Services Coordinating Council is requesting
the Board adopt resolutions acknowledging the
contributions of local media to the campaign to
increase awareness of the Frank Watters Children's
Trust Fund - action requested - ADOPT RESOLUTIONS (5)
AND AUTHORIZE THE CHAIR TO SIGN.
3.29 * Local Child Care Planning Council - approval is
requested by the Butte County Office of Education, on
behalf of the Local Child Care Planning Council, to
approve the updated council membership list - action
requested - APPOINT/REAPPOINT MEMBER LISTING AS
SUBMITTED; AND APPROVE CERTIFICATION STATEMENT
REGARDING COMPOSITION OF LOCAL CHILD CARE PLANNING
COUNCIL MEMBERSHIP AND AUTHORIZE THE CHAIR TO SIGN.
3.30 * Paradise Memorial Hall Committee - action requested -
APPOINT WALT KOERNER, DELEGATE, AND BILL COENEN,
ALTERNATE, CALIFORNIA VETERANS SQUARE DANCE
ASSOCIATION, TO TERMS TO END JUNE 30, 2004.
4.00 REGULAR AGENDA
BOARDS,
COMMISSIONS AND
COMMITTEES 4.01 * Boards, Commissions and Committees.
1. Appointments to Listed Vacancies.
2. Board Member or Committee Reports.
PAGE 8
JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 27, 2004
BUDGET AND
LEGISLATIVE
UPDATE 4.02 Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
* 1. Resolution Authorizing Extraordinary Steps by the
Chief Administrative Officer to Manage the County
Budget - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
PRESENTATION
AND DISCUSSION
ITEMS 4.03 True Love Waits Campaign - Report to the Board - update
on the True Love Waits Campaign - action requested -
ACCEPT FOR INFORMATION. (SUPERVISOR BEELER)
4.04 * Resolution Conditionally Extending Non-Exclusive Cable
Television Franchises for the Unincorporated Areas of
Chico/Durham, the Unincorporated Areas of Paradise, and
the Unincorporated Areas of Oroville, Biggs and
Gridley - consideration of a conditional extension to
April 7 , 2007 - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN; AUTHORIZE THE CHAIR TO
SIGN AGREEMENTS REFERENCED IN THE RESOLUTION SUBJECT TO
REVIEW BY THE CHIEF ADMINISTRATIVE OFFICER AND COUNTY
COUNSEL; AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER
TO APPROVE MINOR REVISIONS TO AGREEMENTS, IF NECESSARY,
PRIOR TO EXECUTION BY THE CHAIR. (CHIEF
ADMINISTRATIVE OFFICE)
4.05 * Butte County Resource Conservation District - Report to
the Board - update on the District's activities and
accomplishments - action requested - ACCEPT FOR
INFORMATION. (WATER AND RESOURCE CONSERVATION)
4.06 * Introduction of an Ordinance Amending the Butte County
Code to Add Chapter 33A, Entitled, "Groundwater
Management" - consideration of a Basin Management
Objectives ordinance for the basin areas of the
county - action requested - WAIVE READING OF THE
ORDINANCE. (WATER AND RESOURCE CONSERVATION)
PAGE 9 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 27, 2004
4.07 * HR 2389 Secure Rural Schools and Community Self-
Determination Act of 2000 (Federal Fire Safe Funding)
Fiscal Year 2003-2004 Project Authorization -
consideration of projects recommended by the Butte
County Fire Safe Council - action requested - APPROVE
HR 2389 PROJECTS FOR FISCAL YEAR 2003-2004 AS
RECOMMENDED BY THE BUTTE COUNTY FIRE SAFE COUNCIL;
APPROVE BUDGET TRANSFER B-193 (4/5 vote required)
ACCEPTING, ALLOCATING AND TRANSFERRING FUNDS AS
DETAILED IN THE AGENDA REPORT; AND APPROVE THE MASTER
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (FIRE
DEPARTMENT/CHIEF ADMINISTRATIVE OFFICE)
4.08 Items Removed from the Consent Agenda for Board
Consideration and Action.
5.00 PUBLIC HEARINGS AND TIMED ITEMS
10:00 A.M. 5.01 * Timed Item - Lake Oroville Relicensing - Report to the
Board - update on the Federal Energy Regulatory
Commission Lake Oroville Relicensing Project and
Protection, Mitigation and Enhancement measures -
action requested - ACCEPT FOR INFORMATION; AND BOARD
DISCUSSION AND DIRECTION AS NEEDED.
10:25 A.M. 5.02 * Public Hearing - Resolution in Opposition to the State
Department of Fish and Game's Proposed Bucks Mountain-
Blue Canyon Junior Either-Sex Deer Hunt in Area J-16 -
pursuant to Sections 458 and 459 of the California Fish
and Game Code, consideration of the recommendation of
the Butte County Fish and Game Commission to adopt a
resolution objecting to the State Department of Fish
and Game's Bucks Mountain-Blue Canyon Junior Either-Sex
Deer Hunt in Area J-16 - action requested - ACCEPT
RECOMMENDATION OF THE BUTTE COUNTY FISH AND GAME
COMMISSION AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN.
PAGE 10 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 27, 2004
10:30 A.M. 5.03 * Continued Public Hearing - Certificate of Merger
Appeal - Reed B. Johnson - consideration of an appeal
of a denial of a Certificate of Merger for a project to
reconfigure 2 parcels on property located on the
northwest corner of Larkin Road and Johnson Clan Avenue
in the Gridley area, and identified as APN 024-200-067
and 068 - action requested - STAFF IS RECOMMENDING THE
BOARD FIND THAT APPROVAL OF THE PROJECT WOULD NOT BE IN
CONFORMANCE WITH THE ZONING AND GENERAL PLAN CRITERIA
AND DENY THE APPEAL. (FROM 12-02-03 [5.01])
10:30 A.M. 5.04 * Continued Public Hearing - Lot Line Adjustment Appeal -
Charles Pfister - consideration of an appeal of a
denial of a Lot Line Adjustment for a project to
reconfigure 2 parcels to effect a 1991 Homesite
Segregation Use Permit approval on property located on
the southeast corner of Peterson Avenue and Lewis Oak
Road in the Gridley area, and identified as APN 021-
190-069 and 070 - action requested - STAFF IS
RECOMMENDING THE BOARD FIND THAT APPROVAL OF THE
PROJECT WOULD NOT BE IN CONFORMANCE WITH THE ZONING AND
GENERAL PLAN CRITERIA AND DENY THE APPEAL. (FROM 12-
02-03 [5.02])
10:30 A.M. 5.05 * Continued Public Hearing - Certificate of Merger
Appeal - David North - consideration of an appeal of a
denial of a Certificate of Merger for a project to
merge 8+ underlying lots into 2 lots on property
located on the south side of Ludlum Avenue,
approximately 200 feet west of Irwin Avenue in the
Palermo area, and identified as APN 026-221-002 -
action requested - STAFF IS RECOMMENDING THE BOARD FIND
THAT APPROVAL OF THE PROJECT WOULD NOT BE IN
CONFORMANCE WITH THE ZONING AND GENERAL PLAN CRITERIA
AND DENY THE APPEAL. (FROM 12-02-03 [5.03])
PAGE ll JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 27, 2004
10:30 A.M. 5.06 * Continued Public Hearing - Certificate of Merger
Appeal - Brian Cook - consideration of an appeal of a
denial of a Certificate of Merger for a project to
modify the common property line between 2 parcels
located on the northeast corner of Highway 99 and Drake
Avenue in the Biggs area, and identified as APN 025-
120-038 and 046 - action requested - STAFF IS
RECOMMENDING THE BOARD FIND THAT APPROVAL OF THE
PROJECT WOULD NOT BE IN CONFORMANCE WITH THE ZONING AND
GENERAL PLAN CRITERIA AND DENY THE APPEAL. (FROM 12-
02-03 [5.04])
10:30 A.M. 5.07 * Continued Public Hearing - Certificate of Merger
Appeal - Lawrence E. Crabtree - consideration of an
appeal of a denial of a Certificate of Merger for a
project to reconfigure 2 existing lots located on the
south side of Chico River Road, approximately 400 feet
east of Crouch Avenue in the Chico area, and identified
as APN 039-120-031 and 032 - action requested - STAFF
RECOMMENDS THE BOARD:
1. DENY THE APPEAL, FINDING THAT APPROVAL OF THIS
PROPOSAL WOULD NOT BE IN CONFORMANCE WITH THE
ZONING AND GENERAL PLAN CRITERIA; OR
2. DIRECT THE APPLICANT TO SUBMIT A REVISED
APPLICATION FOR REVIEW, WHICH ENLARGES THE
EASTERLY PARCEL TO INCORPORATE THE ENTIRE SEWAGE
DISPOSAL SYSTEM ON THE SAME PROPERTY AS THE
RESIDENCE BEING SERVED, IN CONFORMANCE WITH THE
PROVISIONS OF THE BUTTE COUNTY CODE AND
SUBDIVISION MAP ACT. (FROM 12-16-03 [5.06])
PAGE 12 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 27, 2004
11:00 A.M. 5.08 * Public Hearing - Certificate of Correction - Jeff and
Cindy Caswell - consideration of an appeal of the
determination of the Planning Commission regarding a
Certificate of Correction to remove a note on a
recorded Parcel map which prohibits development below
a bluff line. The property is zoned "U"
(Unclassified - 20 acre minimum parcels) and is located
on the west side of Old Stage Road, approximately 1.4
miles north of the intersection of Williams Road and
Old Stage Road, northwest of Butte College and
identified as APN 041-100-061 (SB [File # COR 03-04]) -
action requested - STAFF IS REQUESTING THE BOARD OPEN
THE HEARING AND CONTINUE THE ITEM OPEN TO
FEBRUARY 10, 2004, AT 10:30 A.M.
F) . OO PUBLIC COMMENT
Comments to the Board on issues and items not listed on
the agenda. Presentations will be limited to five
minutes. Please note that pursuant to California state
law, the Board of Supervisors is prohibited from taking
action on any item not listed on the agenda.
7.00 CLOSED SESSION
7.01 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6:
AGENCY REPRESENTATIVES: JEANNE GRAVETTE.
EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY MANAGEMENT
EMPLOYEES ASSOCIATION (MANAGEMENT AND SUPERVISORY
UNIT); DEPUTY SHERIFF'S ASSOCIATION (GENERAL UNIT AND
MANAGEMENT AND SUPERVISORY UNIT); BUTTE COUNTY
CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL UNIT AND
MANAGEMENT AND SUPERVISORY UNIT); PROFESSIONAL
EMPLOYEES UNIT; SOCIAL SERVICES WORKERS UNIT; AND
PROBATION PEACE OFFICERS' ASSOCIATION.
PAGE 13 JANUARY 27, 2004
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meeting Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are
held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive,
Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates
can be changed as a result of holidays or other events so please check the meeting calendar to be certain.
Copies of the adopted meeting calendar for the year are available in the County Administrative Office or at
the Clerk of the Board website at www.buttecounty.net/cob.
Agenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at least
72 hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the
Board website. A copy of the agenda and supporting materials provided to the Board of Supervisors members
to explain each agenda item (excluding documents that are not a public record within the meaning of the Public
Records Act) are available for your review at the County Administrative Office, the Chico, Oroville, and
Paradise libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies
of supporting materials can be made for you at a charge to cover costs. The list of communications included
with the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may
have been received but not included in the agenda supporting material. Copies of all communications received
by the Board of Supervisors (excluding documents that are not a public record within the meaning of the Public
Records Act) are available at the Administrative Office upon request. An (*) appearing before an agenda item
signifies that material has been provided to the Board of Supervisors members to explain that item.
Agenda Format and
Meeting Order: The agenda is usually organized into the following areas and meetings generally proceed in the following
order:
1. ConsentAgenda: these are items that are considered routine and are handled by one motion and vote
of the Board. If you wish to discuss any item on the Consent Agenda you can either fill out a
speaker card (located in the back of the board room) and give it to the Clerk of the Board (sitting to
the right of the Board) or, when the Chair asks if there is anything anyone would like to remove from
the ConsentAgenda, stand and approach the podium and request the item be removed. The removed
items are discussed at the end of the Regular Agenda.
2. Regular Agenda: this is where presentations to the Board and items that require full discussion are
heard. Items removed from the Consent Agenda are discussed under this section.
3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public
hearing are set. This is the section where appeals before the Board are usually discussed. Hearings
may start after the time listed, but will never start before the time listed.
4. Public Comment: this is the area of the agenda where members of the audience may address the
Board on any matter not listed on the agenda. The Board, by law, cannot take action on any matter
not listed on the agenda, but may respond to statements or questions and provide staff direction.
5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain
circumstances. This area ofthe agenda identifies those items that will be discussed during the closed
session.
Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow
members of the public the opportunity to comment on all matters before the Board. Public participation is
limited to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section
54954.3. The Board has adopted policy and procedures to facilitate the meeting process and conduct. A
complete listing of these policies and procedures can be found in the printed booklet agenda, obtained at the
County Administrative Office, or viewed at the Clerk of the Board website.
The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals
with special needs should call the Clerk of the Board at 530-538-7631, Monday through Friday, 8:00 a.m. to
5:00 p.m. to request disability-related modifications/accommodations or to request materials in alternate
formats. All requests for special accommodations and/or alternative format documents must be made 48 hours
prior to the meeting.
For further information contact the: Clerk of the Board of Supervisors
County Administrative Office
25 County Center Drive, Oroville, CA 95965
530-538-7631
www.buttecounty.net/cob