Loading...
HomeMy WebLinkAboutA022404BUTTE COUNTY BOARD OF SUPERVISORS AGENDA FEBRUARY 24, 2004 :: ~ .:.:. ~~ - -~.--~ -_ .: ~~ ,_~- - _ .:. ~.; ~. ~-- :.! 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 Officer and Clerk of the Board Bruce Alpert, County Counsel BUTTE COUNTY BOARD OF SUPERVISORS 9:00 A.M. 1.00 CALL TO ORDER AGENDA -FEBRUARY 24, 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 * Margaret Davidson, LCSW d/b/a A Fresh New Choice - approval is requested for an agreement with Margaret Davidson, LCSW d/b/a A Fresh New Choice, for the provision of specialty mental health services under Phase II Medi-Cal Specialty Mental Health Consolidation. The agreement commences March 1, 2004, and continues until terminated by either party. Costs are billed as delivery of services are provided - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.02 * Butte County Office of Education - approval is requested for a Memorandum of Understanding with the Butte County Office of Education which will provide for the transfer of Federal funds to the County for the provision of mental health services to eligible students. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable to the County of $550,941. Approval is also requested to accept and appropriate $462,652 of the unanticipated revenue - 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-232 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 3.03 * Private Industry Council - Amendment - approval is requested for an amendment to the sublease agreement with the Private Industry Council for space in the Southside Oroville Community Center. The amendment adds language regarding confidentiality of records and information. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13741) PAGE 1 FEBRUARY 24, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 24, 2004 3.04 * Private Industry Council - Amendment - approval is requested for an amendment to the sublease agreement with the Private Industry Council for space in the Butte County Employment Center located at 78 Table Mountain Boulevard, Oroville. The amendment adds language regarding confidentiality of records and information. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X12087) 3.05 * T.W. DuFour and Associates - Amendment - approval is requested for an amendment to the lease agreement with T.W. DuFour and Associates for the property located at 500 Cohasset Road, Suite 24, Chico. The location is utilized by the Youth Services Division. The amendment adds language regarding confidentiality of records and information. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13504) 3.06 * T.W. DuFour and Associates - Amendment - approval is requested for an amendment to the lease agreement with T.W. DuFour and Associates for the property located at 500 Cohasset Road, Suite 25, Chico. The location is utilized by the Youth Services Division. The amendment adds language regarding confidentiality of records and information. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11605) 3.07 * T.W. DuFour and Associates - Amendment - approval is requested for an amendment to the lease agreement with T.W. DuFour and Associates for the property located at 500 Cohasset Road, Suite 26, Chico. The location is utilized by the Youth Services Division. The amendment adds language regarding confidentiality of records and information. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11154) 3.08 * T.W. DuFour and Associates - Amendment - approval is requested for an amendment to the lease agreement with T.W. DuFour and Associates for the property located at 107 Parmac Road, Suite 4, Chico. The location is utilized as executive offices. The amendment adds language regarding confidentiality of records and information. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11340) PAGE 2 FEBRUARY 24, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 24, 2004 3.09 * T.W. DuFour and Associates - Amendment - approval is requested for an amendment to the lease agreement with T.W. DuFour and Associates for the property located at 109 Parmac Road, Suite 2, Chico. The location is utilized by the Community Services Division and the Adult Rights Program. The amendment adds language regarding confidentiality of records and information. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11013) 3.10 * T.W. DuFour and Associates - Amendment - approval is requested for an amendment to the lease agreement with T.W. DuFour and Associates for the property located at 109 Parmac Road, Suite 1, Chico. The location is utilized by the Administrative Support Division. The amendment adds language regarding confidentiality of records and information. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10856) BOARD OF SUPERVISORS 3.11 * Resolution in Appreciation of Eldon, Wendell, Harlan and Homer Lundberg - Supervisor Josiassen is requesting the Board adopt a resolution in appreciation of the Lundbergs for their contributions to the rice industry - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.12 * Californians Against Higher Auto Insurance Rates - Supervisor Houx is requesting the Board approve a position of opposition to the California Insurance Commissioner's proposed alternative to current automobile rating factors - action requested - APPROVE POSITION OF OPPOSITION TO PROPOSED ALTERNATIVE RATING FACTORS AND AUTHORIZE THE CHAIR TO SIGN POSITION FORM. CHIEF ADMINISTRATIVE OFFICE 3.13 * PAGE 3 FEBRUARY 24, 2004 MAXIMUS, Inc. - approval is requested to award a contract to provide Senate Bill 90 claiming services to MAXIMUS, Inc. On November 24, 2003, the Administrative Office distributed a Request For Proposal for the services. MAXIMUS, Inc., was the lowest responsible bidder. Approval is requested for an agreement with a term of February 24, 2004, through June 30, 2007, with a maximum amount payable of $68,850 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 24, 2004 3.14 * Relief of Accountability - approval is requested for relief of accountability for fixed asset television and sound system equipment. During the Board Room sound system upgrade the old television and sound system was disassembled. Salvageable parts were incorporated into the new system and the remaining parts were inadvertently sent 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. DEVELOPMENT SERVICES 3.15 * Williamson Act Expirations - approval is requested to accept the following Certificates of Williamson Act Expiration: Adams Esquon Ranch (APN 040-570-001, 040- 570-002, 040-570-006, and 040-140-006), expired December 31, 2002. Jack Vernon Williams (APN 047-220- 004), expired December 31, 2002. John Jean Dagorret et al. (APN 027-180-010 and 027-230-004), expired December 31, 2000, and December 31, 1999. George Chaffin (APN 027-200-001, 027-200-003, 027-200-015 and 027-200-090), expired December 31, 2001. Shimizu Brothers, Inc. (APN 042-010-002), expired December 31, 2000. Joseph W. Cooper et al. (APN 041- 140-069 and 041-140-070), expired December 31, 2000. Peter J. and Alice Konyn (APN 040-180-030 and 039-460- 025) , expired December 31, 2000, and December 31, 1999. Ernest R and Lori S. Bevan (APN 028-030-032, 028-030- 045, 028-030-046, 028-030-047, 028-030-048 and 028-030- 049), expired December 31, 2000 - action requested - APPROVE CERTIFICATES AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT RECORDING OF THE CERTIFICATES. 3.16 * Communications Project - approval is requested for a project to relocate communication and data lines and phone consoles within the department. Board approval is also requested for a budget transfer of $1,972 of department funds between budget line items to provide the appropriation needed for the project - action requested - APPROVE PROJECT; AND APPROVE BUDGET TRANSFER B-233 TRANSFERRING AND ALLOCATING FUNDS AS NEEDED TO COMPLETE PROJECT. PAGE 4 FEBRUARY 24, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 24, 2004 EMPLOYMENT AND SOCIAL SERVICES 3.17 * Medi-Cal Allocation and Position Request - the department has received notice from the State of California, Department of Health Services, that the Medi-Cal allocation has been increased by $1.6 million for fiscal year 2003-2004 to fund the addition of staff to meet program requirements. Submitted is a report on the staff additions requested by the department and included in the Resolution Amending the Salary Ordinance submitted by the Human Resources Department (see agenda item 3.25). Board approval is requested to accept and appropriate $174,128 of the increased allocation for the current fiscal year - action requested - APPROVE BUDGET TRANSFER B-234 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. FIRE DEPARTMENT 3.18 * Butte County Fire Safe Council - Amendment - approval is requested for an amendment to the agreement with the Butte County Fire Safe Council to implement projects under the Secure Rural Schools and Community Self- Determination Act of 2000 (HR 2389). The amendment removes two carryover projects and revises language regarding monthly payment provisions. 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. GENERAL SERVICES 3.19 * Kaplan, McLaughlin, Diaz (KMD) - Amendment - approval is requested for an amendment to the agreement with Kaplan, McLaughlin, Diaz (KMD) for preparation of the Butte County Capital Facilities Master Plan. The amendment extends the term of the agreement through January 31, 2004. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13936) 3.20 * Contracts/Purchasing Policy and Procedures Manual - Clarification Changes - approval is requested for changes to the County's Contracts/Purchasing Policy and Procedures Manual which are intended to clarify the revisions adopted by the Board on December 16, 2003 - action requested - APPROVE CHANGES TO POLICY AND PROCEDURES MANUAL. 3.21 * Federal Emergency Management Agency - Fiscal Year 2002 Emergency Operations Planning Grant Signature Authority - approval is requested for a resolution designating the authorized representative for the Emergency Operations Planning Grant pursuant to the requirements of the grant - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 5 FEBRUARY 24, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 24, 2004 3.22 * Federal Emergency Management Agency - Flood Mitigation Assistance Grant - approval is requested to apply to the Federal Emergency Management Agency for a $50,000 grant to develop a countywide flood hazard mitigation plan. Under the terms of the grant, the County would be required to provide an in-kind match of $16,666, which the department can divide over the two year period of the grant - action requested - APPROVE GRANT APPLICATION AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN; AND ADOPT RESOLUTION APPROVING GRANT APPLICATION AND SUBGRANTEE ASSURANCES AND AUTHORIZE THE CHAIR TO SIGN. 3.23 * Butte County Solar Energy Project - Budget Transfer - approval is requested to accept and appropriate $1,200,000 of unanticipated revenue from the Butte County Treasurer's Pooled Investment Fund to begin construction of the Solar Energy Capital Project (see agenda item 3.41) - action requested - APPROVE BUDGET TRANSFER B-240 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. HUMAN 12ESOURCES 3.24 Adoption of an Ordinance Approving an Amendment to the Contract Between the Board of Administration California Public Employees' Retirement System (PERS) and the Board of Supervisors County of Butte - pursuant to the Probation Peace Officers' Association 2002-2003 Memorandum of Understanding, submitted is an ordinance which amends the County's contract with PERS to provide the 2$ 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. On January 27, 2004, the Board adopted a Resolution of Intention to amend the contract - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-10-04 [3.09]) 3.25 * Resolution to Amend the Salary Ordinance - approval is requested for a resolution which will amend the salary ordinance as follows: CHILD SUPPORT SERVICES - deletes one position of Information Systems Analyst III. Adds one flexibly staffed position of Information Systems Analyst III/II/I. EMPLOYMENT AND SOCIAL SERVICES- ELIGIBILITY - adds fourteen flexibly staffed positions of Eligibility Technician II/I and two positions of Employment and Eligibility Supervisor. SALARY PLAN FOR CLASSIFIED POSITIONS, REFERENCE G, PROFESSIONAL EMPLOYEES' UNIT CLASSIFICATIONS - increases the compensation range for the position of Psychiatrist to $74.09-$90.05 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 6 FEBRUARY 24, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 24, 2004 3.26 * Resolution Establishing Salary and Benefits for Non- represented Classification-Assistant Director-Human Resources - approval is requested for a resolution which details the employee benefits provided to the Assistant Director-Human Resources as a result of the position being declassified from the Butte County Management Employees' Association - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.27 * TALX Corporation d.b.a TALX UC eXpress - approval is requested for an agreement with TALX Corporation d.b.a TALX UC eXpress for the provision of training, claims administration, and related support for unemployment compensation services. The term of the agreement is May 1, 2002, through April 30, 2005. The annual maximum amount payable will be computed at the rate of $0.76 per full-time employee (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14725) LIBRARY 3.28 * Budget Transfer - approval is requested to transfer funds donated for staff hours from the various Operations Trust Funds to the extra help accounts - action requested - APPROVE BUDGET TRANSFER B-235 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 3.29 * Library Advisory Board - action requested - APPOINT RAMONA FLYNN, BOARD MEMBER. 3.30 * Library Donations - pursuant to Government Code Section 25355, donations of $1,500 from the Gridley Friends of the Library, $855 from the Oroville Friends of Library, and $337 from anonymous donors, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. PROBATION 3.31 * Relief of Accountability - approval is requested for relief of accountability for fixed asset filing equipment. The equipment remained in the building at 2279 Del Oro Avenue when the department relocated to 42 County Center Drive and was inadvertently sold as non- fixed asset surplus items. The District Attorney's Office and the Auditor-Controller have reviewed the request - action requested - GRANT RELIEF OF ACCOUNTABILITY. PAGE 7 FEBRUARY 24, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 24, 2004 3.32 * Juvenile Justice Crime Prevention Act - approval is requested to accept and appropriate revenue from the State of California, Board of Corrections, for the Multi-agency Juvenile Justice Plan. The allocation for fiscal year 2002-2003 has a remaining balance of $61,452.95, including interest earned on the funds. Approval is requested to accept and appropriate $58, 883.84 for prior year expenses that will be paid in the current year budget. The balance of $3,200.69 represents interest earned and is required to be returned to the Board of Corrections under the terms of the program - action requested - APPROVE BUDGET TRANSFER B-236 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE THE RETURN OF $3,200.69 TO THE BOARD OF CORRECTIONS. PUBLIC HEALTH 3.33 * Memorial Donation - pursuant to Government Code Section 25355, approval is requested to accept and acknowledge the donation of a cement bench purchased by the employees of Butte County Public Health in honor and memory of Tom Reid, longtime Director of Environmental Health. The bench will be placed next to the building at 7 County Center Drive - action requested - ACCEPT DONATION OF MEMORIAL BENCH. PUBLIC woxxs 3.34 * Holdreg & Kull - approval is requested for an agreement with Holdreg & Kull for construction quality assurance monitoring services for the partial final closure of Modules 1, 2, and 3, at the Neal Road Sanitary Landfill. The term of the agreement is February 24, 2004, through completion of the project, with a maximum amount payable of $113,910.90 (Neal Road Sanitary Landfill Management Fund) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 3.35 * California State University, Chico - Amendment - approval is requested for an amendment to the agreement with California State University, Chico, for the provision of no-fare bus service for faculty, students and staff. The amendment increases the maximum amount payable to the County to $24,500 for the period of January 1, 2003, through December 31, 2003. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40046) PAGE 8 FEBRUARY 24, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 24, 2004 3.36 * Paragon Partners Ltd. - Amendment - approval is requested for an amendment to the agreement with Paragon Partners Ltd., for right-of-way acquisition services in support of the West 8t'` Avenue Reconstruction Project. The amendment extends the term of the agreement to June 30, 2004, to allow additional time to complete the project. 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. X13944) 3.37 * Dissolution of County Service Areas - on August 26, 2003, the Board approved the dissolution of various County Service Areas. Several actions are required to complete the process. A correcting budget transfer has been prepared to provide for the Local Agency Formation Commission (LAFCo) application fee, a dissolution supplement form is required by LAFCo and had been included for approval, and findings regarding California Environmental Quality Act exemptions need to be made - action requested - APPROVE BUDGET TRANSFER B-239 CORRECTING PREVIOUS TRANSFER AS DETAILED IN THE AGENDA REPORT; APPROVE DISSOLUTION SUPPLEMENT; AND FIND THAT THE DISSOLUTION OF COUNTY SERVICE AREAS 83, 112, 132, 146, 156 AND 157 ARE CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO CALIFORNIA CODE OF REGULATIONS TITLE 14, CHAPTER 3, AS CLASS 20 EXEMPTIONS UNDER SECTION 15320. SHERIFF'S OFFICE 3.38 * Resolution Authorizing Public Closure of the Thermalito Afterbay March 12-14, 2004 - approval is requested to authorize the partial closure of the Termalito Afterbay (between Highway 162 on the north and Hamilton Road on the south, Highway 99 on the west to the easterly right-of-way boundary) from 6:00 p.m. on March 12, 2004, to 6:00 p.m. on March 14, 2004, for the Northern California Outboard Association's Speedboat Kilometer Timed Trials - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.39 * Budget Transfer - approval is requested for a budget transfer of $28,725 from the Inmate Welfare Fund to the department's Incarceration Budget to provide the appropriation needed for medical expenses for two inmates which exceeded the contractual obligation of the jail medical provider - action requested - APPROVE BUDGET TRANSFER B-237 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. PAGE 9 FEBRUARY 24, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 24, 2004 TREASURER- TAx COLLECTOR 3.40 * Monthly Investment Report - submitted is the Monthly Investment Report dated January 30, 2004, in accordance with the Statement of Investment Policy dated July 1, 2003 - action requested - ACCEPT FOR INFORMATION. 3.41 * Solar Energy Project Financing - the County's solar energy project is being financed through a combination of grant funds, a loan from the California Energy Commission, and gap financing by the County. The Treasurer has prepared a loan agreement and promissory note to provide interim gap financing utilizing an Interfund Loan, not to exceed $1,200,000, from the Butte County Treasury. The term of the loan will be for a maximum of five years and is structured to have semi-annual payments. Should the Treasurer decide to transfer the gap financing to another source, a recommended action will return to the Board for final approval - action requested - APPROVE INTERIM GAP FINANCING LOAN AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; APPROVE PROMISSORY NOTE AS TO FORM AND AUTHORIZE THE CHAIR TO SIGN WHEN FINALIZED. OTHER DEPARTMENTS AND AGENCIES 3.42 * Butte County Children and Families Commission - Strategic Plan - pursuant to Butte County Code, submitted is the 4t'` Annual Review of the Butte County Children and Families Commission Strategic Plan - action requested - ACCEPT FOR INFORMATION. PAGE l0 FEBRUARY 24, 2004 BUTTE COUNTY BOARD OF SUPERVISORS 4.00 BOARDS, COMMISSIONS AND COMMITTEES 4.01 * BUDGET AND LEGISLATIVE UPDATE 4.02 PRESENTATION AND DISCUSSION ITEMS 4.03 REGULAR AGENDA AGENDA -FEBRUARY 24, 2004 Boards, Commissions and Committees. 1. Appointments to Listed Vacancies. 2. Board Member, Commission or Committee Reports. Update on Current Budget and Legislative Issues by the Chief Administrative Officer. * Sierra Nevada Forest Plan - Report to the Board - presentation by the Forest Service of the Record of Decision to amend the Sierra Nevada Forest Plan, highlighting the implications of the decision as it relates to the management of public lands administered by the Plumas National Forest - action requested - ACCEPT FOR INFORMATION. (UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE) 4.04 * Code Enforcement Advisory Board - Report to the Board and Recommendations - update on the Abandoned Vehicle Abatement Program and recommendations of changes to the County's public nuisance abatement ordinance - action requested - ACCEPT REPORT AND RECOMMENDATIONS; AND DIRECT PLACEMENT OF PROPOSED ORDINANCE ON AGENDA OF MARCH 9, 2004, FOR CONSIDERATION. (DEVELOPMENT SERVICES) 4.05 Items Removed from the Consent Agenda for Board Consideration and Action. PAGE ll FEBRUARY 24, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 24, 2004 5.00 PUBLIC HEARINGS AND TIMED ITEMS 10:30 A.M. 5.01 * Public Hearing - Rezone - John McLaughlin - consideration of a rezone of a 10 +/- acre parcel from TM-5 (Timber Mountain - 5 acre parcels) and PUD (Planned Unit Development) to TM-1 (Timber Mountain - 1 acre parcels). This is a project on which a notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given. A conditional rezone is recommended that would allow no more than 4 parcels on the parcel site and prohibits second dwelling units. The property is located at the end of Christina Drive, approximately 1,200 feet southwest of Forest Ranch Road, approximately 2,100 feet north of the intersection of Forest Ranch Road and Deer Creek Highway, Forest Ranch, and identified as APN 063-180-019 - action requested - THE PLANNING COMMISSION RECOMMENDS THE BOARD FIND THE PROPOSED REZONE CONSISTENT WITH THE GENERAL PLAN AND TAKE THE FOLLOWING ACTIONS: 1. SUBJECT TO FINDINGS I(A-E), AS DETAILED IN THE AGENDA REPORT DATED FEBRUARY 24, 2004, ADOPT A MITIGATED NEGATIVE DECLARATION; 2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS HAS THE POTENTIAL TO SIGNIFICANTLY IMPACT OAK TREES AND DEER HERD HABITATS AND DIRECT THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4 AND 14 CCR 753.5; 3. SUBJECT TO FINDINGS III (A-F) AS DETAILED IN THE AGENDA REPORT DATED FEBRUARY 24, 2004, APPROVE REZONE REZ 03-03 FOR JOHN MCLAUGHLIN ON APN 063- 180-019 FROM TM-5 (TIMBER MOUNTAIN - 5 ACRE PARCELS) AND PUD (PLANNED UNIT DEVELOPMENT) TO TM-1 (TIMBER MOUNTAIN - 1 ACRE PARCELS) ON A 10 ACRE PARCEL, AND ADOPT AN ORDINANCE, INCLUDING A CONDITIONAL ZONING AGREEMENT, AND AUTHORIZE THE CHAIR TO SIGN; AND 4. FIND THAT THE CONDITIONAL ZONING AGREEMENT SHALL CONTAIN THE FOLLOWING CONDITIONS: 1) THE PROPERTY SHALL NOT BE DIVIDED INTO MORE THAN FOUR (4) PARCELS; AND 2) NO SECOND DWELLING UNITS SHALL BE ALLOWED ON THE PARCELS CREATED BY A LAND DIVISION OF THE PROPERTY. (SB [REZ 03-03] FROM 1-27-04/3.08) PAGE 12 FEBRUARY 24, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 24, 2004 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. PAGE 13 FEBRUARY 24, 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 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -FEBRUARY 24, 2004 PAGE 15 FEBRUARY 24, 2004