HomeMy WebLinkAboutA021004BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
FEBRUARY 10, 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
1.01
1.02
1.03
2.00
CALL TO ORDER
Call to Order
Administration
Oroville.
AGENDA -FEBRUARY 10, 2004
- Board of Supervisors Room, County
Building, 25 County Center Drive,
Pledge of Allegiance to the Flag of the United States
of America.
Observation of a Moment of Silence.
CORRECTIONS AND /OR CHANGES TO THE AGENDA.
3.00 CONSENT AGENDA
AGRICULTURE 3.01 * State of California, Department of Pesticide
Regulation - approval is requested for a revenue
agreement with the State of California, Department of
Pesticide Regulation, for $9,560 to fund the electronic
transmission of quarterly pesticide reports to the
State - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40605)
BEHAVIORAL
HEALTH 3.02 * Budget Transfer - approval is requested for a transfer
of funds within the Behavioral Health Department's
budget, and an adjustment to the Public Health
Department's budget to provide for the increased cost
of Public Health Nurses working in the Youth System of
Care and Proposition 10 programs - action requested -
APPROVE BUDGET TRANSFER B-206 (4/5 vote required)
TRANSFERRING FUNDS AND MAKING BUDGET ADJUSTMENTS AS
DETAILED IN THE AGENDA REPORT.
3.03 * State of California, Department of Alcohol and Drug
Programs - Amendment - approval is requested for an
amendment to the grant agreement with the State of
California, Department of Alcohol and Drug Programs,
for the Comprehensive Drug Court Implementation
Program. The amendment extends the period of time the
department has to expend Year Three funds to
December 28, 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. R40325)
CHILD
SUPPORT
SERVICES 3.04 * Unanticipated Reduction of Collection Enhancement
Funding - approval is requested to reduce the
department's budget by $20,901 as a result of a reduced
allocation from the California Department of Child
Support Services for the collection enhancement
program - action requested - APPROVE BUDGET TRANSFER
B-209 (4/5 vote required) REDUCING THE DEPARTMENT'S
BUDGET AS DETAILED IN THE AGENDA REPORT.
PAGE 1 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 10, 2004
CLERK OF
THE BOARD 3.05 * Approval of Minutes - action requested - APPROVE
MINUTES OF SEPTEMBER 23, 2003, AND SEPTEMBER 30, 2003.
COUNTY CLERK-
RECORDER 3.06 * Appropriation for Statewide Special Election - approval
is requested for a budget transfer of $324,182 from the
General Fund Appropriation for Contingencies to
backfill costs expended to conduct the Statewide
Special Election held October 7, 2003. The special
election costs were paid with funds allocated for the
March Primary Election. The transfer is required to
provide funds needed to conduct the March 2004
election. The State has been invoiced for the cost of
the Special Election - action requested - APPROVE
BUDGET TRANSFER B-207 (4/5 vote required) ACCEPTING AND
APPROPRIATING GENERAL FUND APPROPRIATION FOR
CONTINGENCIES FUNDS AS DETAILED IN THE AGENDA REPORT.
COUNTY
COUNSEL 3.07 * Letter of Support - approval is requested for a letter
of support for Section 19 of the Local Government
Omnibus Act (SB 1165). County Counsel staff discovered
an incorrect reference in the California Government
Code defining open-space use under the Williamson Act.
The error will be corrected through Section 19 of
Senate Bill 1165 - action requested - APPROVE LETTER OF
SUPPORT AND AUTHORIZE THE CHAIR TO SIGN.
GENERAL
SERVICES 3.08 * Surplus Vehicles and Equipment - approval is requested
to declare surplus various vehicles and equipment no
longer used by County departments. The vehicles (26)
and miscellaneous fixed asset equipment items (24) have
been transferred to General Services from County
departments for surplus and disposal - action
requested - DECLARE ITEMS SURPLUS TO THE NEEDS OF THE
COUNTY AND AUTHORIZE DISPOSAL BY THE PURCHASING AGENT
IN ACCORDANCE WITH COUNTY POLICY.
HUMAN
RESOURCES 3.09 * Introduction of a Ordinance Approving an Amendment to
the 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 an ordinance
which amends the County's contract with PERS to provide
the 20 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. On
January 27, 2004, the Board adopted a Resolution of
Intention to amend the contract - action requested -
WAIVE READING OF THE ORDINANCE.
PAGE 2 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 10, 2004
3.10 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the Salary Ordinance as follows: EMPLOYMENT AND SOCIAL
SERVICES-ADMINISTRATION - adds one position of
Supervisor-Accounting, one flexibly staffed position of
Auditor-Accountant II/I/Accounting Specialist, and one
flexibly staffed position of Accounting Specialist/
Senior Account Clerk/Account Clerk. The Chief
Administrative Office has reviewed and approved the
request - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
INFORMATION
SYSTEMS 3.11 * State of California, Department of General Services -
approval is requested by the Communications Division
for a revenue agreement with the State of California,
Department of General Services, for funds to support
the replacement of the tower and vault at the Platte
Mountain radio site. The term of the agreement is
November 1, 2003, through completion of the project,
with a maximum amount payable to the County of
$30,000 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET
TRANSFER B-208 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT. (Contract No. R40610)
LIBRARY 3.12 * Donations for Operations - pursuant to Government Code
Section 25355, donations of $6,163 from the Gridley
Friends of the Library and $3,475 from the Paradise
Friends of the Library have been received for Extra
Help staff hours. Approval is requested for a budget
transfer to accept and appropriate the unanticipated
revenue - action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION; AND APPROVE BUDGET
TRANSFER B-210 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
PROBATION 3.13 * Northern Valley Catholic Social Services - Amendment -
approval is requested for an amendment to the agreement
with Northern Valley Catholic Social Services for
coordination services for life skills training at the
Juvenile Hall. The amendment provides for the addition
of services, and increases the maximum amount payable
by $10,000 (TANF Funds) for the additional services.
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. X13222)
PAGE 3 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 10, 2004
PUBLIC
HEALTH 3.14 * California Family Health Council, Inc. - approval is
requested for a grant agreement with the California
Family Health Council, Inc., for funds to support the
Peer Provider Program. The term of the agreement is
January 1, 2004, through December 31, 2004, with a
maximum amount payable to the County of $100,000.
Board approval is also requested for a budget transfer
to accept and appropriate $18,750 of grant funds into
the current fiscal year budget - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND APPROVE BUDGET TRANSFER B-211 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
3.15 * California Family Health Council, Inc. - approval is
requested for a revenue agreement with the California
Family Health Council, Inc., for funds to support
family planning services. The term of the agreement is
January 1, 2004, through December 31, 2004, with a
maximum amount payable to the County of $100,163 -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
PUBLIC
woRxs 3.16 * Curbside Greenwaste Incentive Program - approval is
requested for a resolution authorizing the use of
$5,000 of Neal Road Landfill enterprise funds to
implement a pilot curbside greenwaste incentive
program. The program is designed to increase
participation in the greenwaste program. The area
selected for the pilot program is the County area
bordered by West Lindo Avenue, The Esplanade, West
Eighth Avenue and the railroad tracks - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
SHERIFF S
OFFICE 3.17 * Budget Transfer - approval is requested for a transfer
of $3,175 from the Civil Equipment Trust Fund to
provide the allocation necessary to purchase Taser
Intermediate Weapons for the Civil Division - action
requested - APPROVE BUDGET TRANSFER B-212 (4/5 vote
required) TRANSFERRING FUNDS AS DETAILED IN THE AGENDA
REPORT .
3.18 * Surplus Equipment - approval is requested to declare
surplus various fixed asset computer equipment items
which have become obsolete and are no longer utilized
by the department - action requested - DECLARE ITEMS
DETAILED IN THE AGENDA REPORT SURPLUS TO THE NEEDS OF
THE COUNTY AND AUTHORIZE DISPOSAL IN ACCORDANCE WITH
COUNTY POLICY.
PAGE 4 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 10, 2004
3.19 * Relief of Accountability - approval is requested for
relief of accountability for fixed asset computer
equipment items. The computer equipment was mistakenly
transferred to surplus as non-fixed asset items. The
District Attorney's Office and the Auditor-Controller
have reviewed the request - action requested - GRANT
RELIEF OF ACCOUNTABILITY.
3.20 * Mentally Ill Offender Crime Reduction Grant Program -
Forensic Resource Team (FOREST) Memorandum of
Understanding - Amendment and Budget Transfer -
approval is requested for an amendment to the
Memorandum of Understanding for the FOREST program.
The amendment provides for the transfer of a FOREST
staff position from the Probation Department to the
Behavioral Health Department. Approval is also
requested for a transfer of funds within the program
budget to support the proposed staff change and other
program changes - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE
BUDGET TRANSFER B-213.
TREASURER-
TAx COLLECTOR 3.21 * Solar Energy Project Financing - approval is requested
to authorize the Treasurer to arrange financing (loans)
from the California Energy Commission for Phase I and
II of the project. A separate application for each
phase will be required. The loans are estimated at
$3,167,770. Projected energy savings are anticipated
to more than offset debt service on the loans - action
requested - ADOPT RESOLUTION AUTHORIZING THE TREASURER
TO ARRANGE FOR FINANCING FOR BOTH PROJECT PHASES FROM
THE CALIFORNIA ENERGY COMMISSION AND AUTHORIZE THE
CHAIR TO SIGN; AND AUTHORIZE THE CHIEF ADMINISTRATIVE
OFFICER TO SIGN THE LOAN DOCUMENTS.
OTHER
DEPARTMENTS
AND AGENCIES 3.22 * Tax Exchange Agreement Between the Lake Oroville Area
Public Utility District and the County of Butte -
approval is requested by the Lake Oroville Area Public
Utility District, pursuant to Revenue and Taxation Code
Section 99-99.2, for a property tax exchange agreement
between the District and the County. The District will
be submitting an annexation application for property
located at La Miranda Avenue and Christopher J Court,
Oroville. The District's Board of Directors has
certified, by Resolution No. 2-04, that the change in
organization will be revenue neutral to each affected
agency - action requested - APPROVE PROPERTY TAX
EXCHANGE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 5 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 10, 2004
3.23 * Butte County Behavioral Health Board - action
requested - APPOINT GREG WILLIAMS, COMMUNITY
MEMBER/PROFESSIONAL CATEGORY REPRESENTATIVE, TO A TERM
TO END DECEMBER 31, 2005, AND PENNY WOLFS, CONSUMER
MEMBER CATEGORY REPRESENTATIVE, TO A TERM TO END
DECEMBER 31, 2006.
4.00 REGULAR AGENDA
BOARDS,
COMMISSIONS AND
COMMITTEES 4 . 01 * Boards, Commissions and Committees .
1. Appointments to Listed Vacancies.
* 2. Board of Supervisors' Committee Assignments -
consideration of the various board, commission,
and committee assignments for Board of
Supervisors members - action requested - ALTER OR
REAFFIRM CURRENT COMMITTEE ASSIGNMENTS LISTING;
AND MAKE NEEDED APPOINTMENTS.
3. Board Member or Committee Reports.
BUDGET AND
LEGISLATIVE
UPDATE 4.02 Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
* 1. The Local Taxpayers and Public Safety Protection
Act - Support - approval is requested to support
an initiative sponsored by the League of
California Cities, the California State
Association of Counties, and the California
Special Districts Association. The initiative
would require voter approval for the State
Legislature to reduce local government funding -
action requested - EXPRESS THE SUPPORT OF BUTTE
COUNTY FOR THE LOCAL TAXPAYERS AND PUBLIC SAFETY
PROTECTION ACT AND AUTHORIZE STAFF TO TAKE
ACTIONS NECESSARY TO DEMONSTRATE THAT SUPPORT.
* 2. Resolution Determining to Implement Phase II of
the Advance Funding Model Prepared by Strategic
Funding Solutions LLC to Fund a Trust for the
Purposes of Paying Certain Workers' Compensation
Insurance Premiums and/or Claims and Taking Other
Actions in Accordance Therewith - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
PAGE 6 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 10, 2004
PRESENTATION
AND DISCUSSION
ITEMS 4.03 * 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 [FROM 1-27-04/4.04])
4.04 * Adoption 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:
1. FIND THAT ADOPTION OF THE ORDINANCE IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PROCESS PURSUANT TO THE "COMMON SENSE"
GENERAL EXEMPTION SET FORTH IN CEQA GUIDELINES
SECTION 15061(b)(3), BECAUSE IT CAN BE SEEN WITH
CERTAINTY THAT THERE IS NO POSSIBILITY THAT
ADOPTION OF THE ORDINANCE MAY HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT, FOR THE REASONS
RECITED IN THE FINDINGS PROPOSED IN THE STAFF
REPORT, WHICH FINDINGS ARE ADOPTED AND
INCORPORATED BY REFERENCE INTO THIS ACTION; AND
AUTHORIZE THE CLERK OF THE BOARD TO FILE A NOTICE
OF EXEMPTION WITH THE COUNTY CLERK-RECORDER; AND
2. ADOPT ORDINANCE AS DRAFTED AND AUTHORIZE THE
CHAIR TO SIGN. (WATER AND RESOURCE CONSERVATION
(FROM 1-27-04 [4.06])
4.05 * Water Resources Development Act (HR 2557) Proposed
Projects - consideration of projects to be submitted
for funding under the Water Resources Development Act -
action requested - APPROVE THE TWO PROPOSED PROJECTS AS
PRIORITIES 1 AND 2 AND AUTHORIZE THE CHAIR TO SIGN ALL
DOCUMENTS NECESSARY FOR INITIATION OF THE PROCESS.
(WATER AND RESOURCE CONSERVATION)
PAGE 7 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 10, 2004
4.06 * Policy on Property Owner Requested Tree Removal -
consideration of a policy regarding property
owner/public utility requests to remove trees within
the County road right-of-way - action requested -
APPROVE POLICY (OPTION A OR OPTION B) FOR PROPERTY
OWNER/PUBLIC UTILITY REQUESTED TREE REMOVAL WITHIN
COUNTY RIGHTS-OF-WAY. (PUBLIC WORKS)
4.07 * Sign Ordinance - report to the Board on the existing
sign regulations within the County, and presentation of
a draft ordinance for discussion and direction - action
requested - ACCEPT REPORT; AND PROVIDE STAFF DIRECTION
REGARDING DRAFT ORDINANCE. (DEVELOPMENT SERVICES)
4.08 * County of Butte-City of Chico Joint Planning Proposal
for the North Chico Area of Cooperation - presentation
of a report of a coordinated planning program for the
North Chico Planning Area - action requested:
1. INITIATE A PROCESS TO ADOPT AN OVERLAY ZONING
DISTRICT THAT WILL REQUIRE FUTURE DEVELOPMENT IN
THE NORTH CHICO PLANNING AREA TO CONFORM TO THE
CITY'S MORE URBAN DEVELOPMENT REGULATIONS AND
STANDARDS;
2. INITIATE A PROCESS TO PROVIDE FOR MINIMUM LOT
SIZES OF 160 ACRES FOR PROPERTIES (AS SPECIFIED
BY COUNTY STAFF) IN THE RURAL AREA THAT SURROUNDS
THE NORTH CHICO PLANNING AREA; AND
3. DIRECT STAFF TO RETURN A FUNDING REQUEST TO THE
BOARD TO SHARE EQUALLY IN THE COSTS OF
ENVIRONMENTAL REVIEW ONCE THESE COSTS HAVE BEEN
DETERMINED. (DEVELOPMENT SERVICES)
4.09 Items Removed from the Consent Agenda for Board
Consideration and Action.
4.10 * Recess as the Butte County Board of Supervisors and
convene as the Butte County Public Facilities Financing
Corporation Board of Directors. (TREASURER-TAX
COLLECTOR)
PAGE 8 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 10, 2004
BUTTE COUNTY PUBLIC FACILITIES FINANCING CORPORATION
AGENDA - FEBRUARY l O, 2 0 0 4
1. Call to Order - Board of Supervisors Room, 25 County Center
Drive, Oroville.
2. AT~T~roval of Minutes - action requested - APPROVE MINUTES OF
FEBRUARY 11, 2003.
3. At~t~ointment of New Officers - action requested - APPOINT
OFFICERS AS FOLLOWS: PRESIDENT - CHAIR BEELER; VICE
PRESIDENT - VICE CHAIR JOSIASSEN; SECRETARY/TREASURER - DICK
PUELICHER; AND LESSEE REPRESENTATIVE - LINDA BARNES.
4. Treasurer's Retort - final report on the refunding of
Certificates of Participation - action requested - ACCEPT FOR
INFORMATION.
5. Public Comment
6. Other Business
Adjournment
Adjourn as the Butte County Public Facilities Financing
Corporation Board of Directors and convene as the Butte
County In-Home Supportive Services Public Authority Board.
PAGE 9 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 10, 2004
BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
AGENDA - FEBRUARY 1 O, Z O O 4
1. Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive,
Oroville.
2. Consent/Regular Agenda Items (NO ITEMS)
3. Closed Session
1. RECESS TO A CLOSED SESSION CONFERENCE WITH LABOR
NEGOTIATORS PURSUANT TO CALIFORNIA GOVERNMENT
CODE SECTION 54957.6:
AGENCY REPRESENTATIVES: JEANNE GRAVETTE AND CRAIG
JO RY .
EMPLOYEE ORGANIZATION: UNITED DOMESTIC WORKERS OF
AMERICA.
4. Public Comment
Adjournment
Adjourn as the Butte County In-Home Supportive Services
Public Authority Board and reconvene as the Butte
County Board of Supervisors.
PAGE l0 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS CONTINUED AGENDA
rJ . OO PiJBLIC HEARINGS AND TIMED ITEMS
10:30 A.M. 5.01 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 parcel size) 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 # COR03-04]) - action requested:
1. FIND THAT DENIAL OF THIS PROJECT IS STATUTORILY
EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTIONS
15270(a) AND (b) OF TITLE 14, CALIFORNIA CODE OF
REGULATIONS, CHAPTER 3 (GUIDELINES FOR
IMPLEMENTATION OF CEQA) THE PAYMENT OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4 AND
14 CCR 753.5 ARE NOT REQUIRED; AND
2. SUBJECT TO FINDING II(A) AS DETAILED IN THE STAFF
REPORT DATED FEBRUARY 10, 2004, DENY THE APPEAL
AND UPHOLD THE PLANNING COMMISSION'S DECISION TO
DENY THE CERTIFICATE OF CORRECTION 03-04 FOR JEFF
AND CINDY CASWELL.
PAGE ll FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -FEBRUARY 10, 2004
1:00 P.M. 5.02 * Public Hearing - Department of Development Services -
Zoning Code Amendment - consideration of 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:
1. FIND THAT ADOPTION OF THE ORDINANCE IS CONSISTENT
WITH THE GENERAL PLAN FOR THE REASONS RECITED IN
THE FINDINGS PROPOSED IN THE STAFF REPORT, WHICH
FINDINGS ARE ADOPTED AND INCORPORATED BY
REFERENCE INTO THIS ACTION;
2. FIND THAT ADOPTION OF THE ORDINANCE IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) PROCESS PURSUANT TO CEQA GUIDELINES
CATEGORICAL EXEMPTION CLASS #8 BECAUSE IT IS PART
OF AN ACTION TAKEN BY A REGULATORY AGENCY TO
PROTECT THE ENVIRONMENT, AND DIRECT THE CLERK OF
THE BOARD TO FILE A NOTICE OF EXEMPTION WITH THE
COUNTY CLERK-RECORDER; AND
3. DISCUSS AND ADOPT THE ORDINANCE AS DRAFTED AND
AUTHORIZE THE CHAIR TO SIGN, OR AMEND PURSUANT TO
DISCUSSION.
PAGE 12
FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
F) . OO PUBLIC COIIIIENT
AGENDA -FEBRUARY 10, 2004
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 LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) JONES v. BROOKS (BUTTE SUPERIOR COURT CASE
NO. 84429).
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(c) TWO POTENTIAL CASES.
7.03 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 FEBRUARY 10, 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 ofthe 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 ConsentAgenda 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
Consent Agenda, 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 of the 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