HomeMy WebLinkAboutA032304BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
MARCH 23, 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 -MARCH 23, 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 * Budget Transfer - approval is requested to transfer
$147,000 of department funds between budget line items
to provide the appropriation needed to fund a
renovation project at 18 County Center Drive, Suites A
and B - action requested - APPROVE BUDGET TRANSFER
B-275 TRANSFERRING AND ALLOCATING FUNDS AS DETAILED IN
THE AGENDA REPORT.
3.02 * Budget Transfer - approval is requested to transfer
$350 of department funds between budget line items to
provide the appropriation needed for an amendment to
the Memorandum of Understanding with the Public
Defender (Contract No. X46884) - action requested -
APPROVE BUDGET TRANSFER B-277 TRANSFERRING AND
ALLOCATING FUNDS AS DETAILED IN THE AGENDA REPORT.
3.03 * Oroville Hospital - approval is requested for an
agreement with Oroville Hospital for the provision of
medical evaluations for individuals in need of care,
prior to admission to the County's Psychiatric Health
Facility, or within 24 hours of their admission. The
term of the agreement is July 1, 2003, through
June 30, 2004, with a maximum amount payable of $69,200
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X14768)
BOARD OF
SUPERVISORS 3.04 * Kimshew Cemetery District - Supervisor Yamaguchi
submits a recommendation for appointment to the Kimshew
Cemetery District - action requested - APPOINT NIGEL
PARKHURST, TO A VACATED TERM TO END JULY 1, 2006.
PacE 1 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
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AGENDA -MARCH 23, 2004
OFFICER 3.05 * Federal Child Support Automation Penalty - approval is
requested for a budget transfer of $663, 603 from the
Department of Child Support Services to the Chief
Administrative Office budget to provide the
appropriation needed to pay the County's share of the
Federal Child Support Automation Penalty. Legislation
passed in 2003 requires counties to pay a share of the
Federal penalty for the State's failure to implement a
statewide automation system - action requested -
APPROVE BUDGET TRANSFER B-278 (4/5 vote required)
ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE
AGENDA REPORT.
3.06 * Public Financial Management, Inc. - Amendment -
approval is requested for an amendment to the agreement
with Public Financial Management, Inc., for the
preparation of financial planning documents for State
loan and grant applications in support of the Chico
Urban Area Nitrate Compliance Program. The amendment
extends the term of the agreement through
February 28, 2005, and increases the maximum amount
payable by $20,000 (County Service Area No. 114
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. X11441)
CHILD SUPPORT
SERVICES 3.07 * Unanticipated Revenue - approval is requested to accept
and appropriate $1,358 received from the sale of an
AS400 Computer no longer used by the department. As a
result of the nature of the department's funding, 97$
of the proceeds from the sale of assets purchased in
fiscal year 1998-1999 must be returned to the
department - action requested - APPROVE BUDGET TRANSFER
B-279 (4/5 vote required) ACCEPTING AND APPROPRIATING
FUNDS AS DETAILED IN THE AGENDA REPORT.
3.08 * Matsom & Isom - Amendment - approval is requested for
an amendment to the agreement with Matsom & Isom for
the provision of web site hosting services. The
amendment makes the changes necessary to reflect the
contractor's merger with Computer Logistics
Corporation, and provides for the continuation of
services under the new company name. The effective
date of the amendment is February 1, 2004. All other
terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X13476)
PacE 2 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 23, 2004
COUNTY CLERK-
RECORDER 3.09 * Fixed Asset Purchase and Budget Transfer - approval is
requested to transfer $800 of department funds between
budget line items to provide the appropriation needed
to complete the purchase of a microform scanner and
related accessories. Approval is also requested for
the fixed asset purchase of 2 additional hanging map
cabinets. The 2003-2004 Final Budget inadvertently
contained approval for only 2 cabinets instead of the
4 requested. Funding for the 4 cabinets has already
been approved by the Board - action requested - APPROVE
BUDGET TRANSFER B-274 TRANSFERRING FUNDS AS DETAILED IN
THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF
2 ADDITIONAL HANGING MAP CABINETS.
DEVELOPMENT
SERVICES 3.10 Adoption of an Ordinance Designating the Director of
Development Services and Designees as Vehicle Appraisal
Officers Pursuant to Vehicle Code Provisions Concerning
Removal of Abandoned Vehicles and Establishing a 7-day
Parking Limit on County-maintained Roads and Highways
in the Unincorporated Areas of the County - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 3-9-04 [3.18])
DISTRICT
ATTORNEY 3.11 * Supplemental Law Enforcement Services Funds - approval
is requested to transfer $42,426 of Fiscal Year 2002-
2003 Supplemental Law Enforcement Services Funds to the
department's COPS budget. The funds will be used to
upgrade computer programs and equipment - action
requested - APPROVE BUDGET TRANSFER B-281 (4/5 vote
required) TRANSFERRING AND APPROPRIATING FUNDS AS
DETAILED IN THE AGENDA REPORT.
3.12 * Increase Revenue and Expenditures for Bad Check Unit -
approval is requested to increase the budget (revenue
and expenditures) for the Bad Check Unit. The Unit
incurred expenses exceeding the adopted fiscal year
budget by $24,050, and approval is requested to
increase the budgeted revenue and expenditure line
items to provide for the increase. The Unit is fully
supported by fees collected for the program, and fee
revenue will support the budget expansion - action
requested - APPROVE BUDGET TRANSFER B-282 (4/5 vote
required) ACCEPTING AND APPROPRIATING ADDITIONAL FEE
REVENUE AND INCREASING BUDGET LINE ITEMS AS DETAILED IN
THE AGENDA REPORT.
3.13 * Statutory Rape Vertical Prosecution Grant - approval is
requested to accept and appropriate $17,803 of
additional Statutory Rape Vertical Prosecution Grant
funds. The office was notified of the additional
allocation, and extension of the grant through
June 30, 2004 - action requested - APPROVE BUDGET
TRANSFER B-280 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
PacE 3 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 23, 2004
EMPLOYMENT
AND SOCIAL
SERVICES 3.14 * Northern Valley Catholic Social Service and Youth For
Change - approval is requested to award two
agreements, one with Northern Valley Catholic Social
Service and one with Youth For Change, for the
provision of Facilitation Services for the Children's
Services Division. The agreements are the result of a
Request For Proposal. The terms of the agreements are
from the date of execution through June 30, 2005, with
a maximum amount payable for each agreement of $25,833
for fiscal year 2003-2004, and $70,000 for fiscal year
2004-2005 (department budget) - action requested -
APPROVE AGREEMENTS (2) AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.15 * Relief of Accountability - approval is requested for
relief of accountability for a System 80 Main Storage
computer system. The equipment was inadvertently
transferred to County surplus as a non-fixed asset
item. The District Attorney's Office and the Auditor-
Controller have reviewed the request - action
requested - GRANT RELIEF OF ACCOUNTABILITY.
FIRE
DEPARTMENT 3.16 * Oroville Automatic A1d Agreement - approval 1s
requested for an agreement with the City of Oroville
for the full and free exchange of fire protection and
emergency rescue resources. The term of the agreement
is January 1, 2004, through December 31, 2006 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract No. X14747)
GENERAL
SERVICES 3.17 * Resolution Designating Authorized Representatives for
the Fiscal Year 2002 Combined Citizen Corps and
Community Emergency Response Team Supplemental Grant -
approval is requested for a resolution which will
authorize the Director-General Services or the Interim
Emergency Services Officer to sign grant related
documents, and approve the grant assurances and
certifications - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
3.18 * Fiscal Year 2004 State Homeland Security Grant
Program - approval is requested to apply to the Office
of Homeland Security for $890, 927 in grant funds for
the Butte County Operational Area. The funds will be
used for emergency prevention and preparedness, and to
deter, respond to, and recover from threats and
incidents of terrorism. Pursuant to the terms of the
grant, approval is requested for a resolution which
will authorize the Director-General Services and/or
Emergency Services Officer to sign grant documents, and
approve the subgrantee assurances - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
PacE 4 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 23, 2004
3.19 * Enterprise Rent-A-Car - approval is requested to award
an agreement to Enterprise Rent-A-Car for vehicle
rental services for the County. The agreement is the
result of a Request For Proposal, with Enterprise Rent-
A-Car being the only responsive proposal. Based on the
cost of maintaining a County Motor Pool fleet, the
proposed agreement is anticipated to result in
significant savings to the County (approximately
$37,000 annually based on miles driven in 2003). The
term of the agreement is April 1, 2004, through
March 31, 2007 - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.20 * Hunters Pest Control - approval is requested to award
an agreement to Hunters Pest Control for the provision
of pest control services for 46 County maintained
facilities. The agreement is the result of a Request
For Quotation, with Hunters Pest Control being the
lowest responsive bidder at $1,042 per month
(Facilities Services budget). The term of the
agreement will be 36 months from the date of
execution - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
HUMAN
12ESOURCES 3.21 * Memoranda of Understanding - the County, the Butte
County Correctional Officers' Association (General and
Supervisory Units), the Communication Workers of
America (Social Services Workers' Unit), and the Butte
County Management Employees' Association have met and
conferred for successor Memoranda of Understanding
which provide for the following major provisions: 1)
salaries will remain unchanged; 2) an increase in
County contribution to employee health premiums
effective January 1, 2004; and 3) a reopening provision
upon implementation of the Countywide classification
and compensation study. The terms of the agreements
for the Butte County Correctional Officers' Association
are October 1, 2003, through April 1, 2004. The terms
of the agreements for the Communication Workers of
America and the Butte County Management Employees'
Association are October 1, 2003, through
September 30, 2004 - action requested - APPROVE
AGREEMENTS (4) AND AUTHORIZE THE CHAIR TO SIGN.
3.22 * County Personnel Administrators Association of
California and Employee Relations, Inc. - approval is
requested for an agreement with County Personnel
Administrators Association of California and Employee
Relations, Inc., for the provision of pre-employment
background investigation services. The term of the
agreement is October 1, 2003, through June 30, 2006,
with a maximum amount payable of $14,000 annually
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X14706)
PAGE 5 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 23, 2004
3.23 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: TREASURER-TAX
COLLECTOR - deletes one position of Assistant
Treasurer-Cash Management. Adds one 60$ flexibly
staffed position of Revenue and Reimbursement
Officer II/I. SALARY PLAN FOR CLASSIFIED POSITIONS,
REFERENCE F, MANAGEMENT, CONFIDENTIAL AND SUPERVISORY
UNIT CLASSIFICATIONS - eliminates the position of
Assistant Treasurer-Cash Management and adjusts the
salary range for the Assistant Treasurer-Tax Collector
(effective 3-2-04) pursuant to the Memorandum of
Understanding with the Butte County Management
Employees' Association regarding salaries for Assistant
Department Heads. SALARY PLAN FOR ELECTED AND
APPOINTED OFFICIALS, REFERENCE A, APPOINTED DEPARTMENT
HEADS - increases the annual salary rate for the
Director-Public Health by $10,445 (effective 1-3-04)
pursuant to the compensation policy for appointed
department heads - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
LIBRARY 3.24 * Library Donation - pursuant to Government Code Section
25355, a donation of $1,800 from the Oroville Friends
of the Library Group has been received for the Butte
County Trust Fund for the purchase of books - action
requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF
APPRECIATION.
PUBLIC
HEALTH 3.25 * Medi-Cal Administrative Activities/Targeted Case
Management Program - approval is requested for
participation fee agreements with 15 consortium
agencies for the Medi-Cal Administrative Activities/
Targeted Case Management program. The department acts
as Host Entity for the consortium. A total of 55
agencies participate in the program and fee agreements
have been prepared for all agencies. Fifteen of the
agreements exceed $25,000 and require Board approval.
The terms of all agreements are July 1, 2003, through
June 30, 2005 - action requested - APPROVE AGREEMENTS
(15) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PUBLIC
woRxs 3.26 Adoption of an Ordinance Requiring Solid Waste Removal
and Disposal from Multi-Family Residences and Adding
Specified Definitions Relating to Solid Waste -
consideration of an ordinance making garbage service
mandatory for multi-family housing units and mobile
home parks, and adding definitions for Alternative
Daily Cover-Processed Green Material and Green Waste -
action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 3-9-04 [3.40])
PacE 6 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 23, 2004
3.27 Adoption of an Ordinance Establishing Speed Limits on
Certain Roads Within the County of Butte - approval is
requested for an ordinance which will establish speed
limits on various Butte County roads as follows: 30
miles per hour on South Park Drive, from Skyway to West
Park Drive; 35 miles per hour on Andover Drive, from
South Park Drive (MP 0.00) to South Park Drive (MP
1.27); 35 miles per hour on Imperial Way, from Steiffer
Road to Goldcone Drive; 35 miles per hour on Rosewood
Drive, from Skyway to Northwood Drive; 35 miles per
hour on Skyway, from South Park Drive to 500 feet north
of Columbine Road; and 40 miles per hour on Nimshew
Road, from Skyway to Carnegie Road. The ordinance also
establishes restrictions on golf carts on Andover
Drive, from South Park Drive to Ponderosa Way; South
Park Drive, from Andover Drive to West Park Drive; and
West Park Drive, from South Park Drive to Ponderosa
Way - action requested - ADOPT ORDINANCE AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 3-9-04 [3.41])
3.28 * Vineyard Grove Estates Subdivision - the owners of the
Vineyard Grove Estates Subdivision have requested
annexation to County Service Area (CSA) No. 158 - Ishi
Valley Estates Subdivision, to provide storm drainage
maintenance, street lighting and fire protection
services to the proposed contiguous subdivision. The
property owners have agreed to the existing maximum per
parcel service charge which will allow them to proceed
without a ballot proceeding. Submitted is a resolution
of application to the Local Agency Formation Commission
for annexation to the CSA - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.29 * Budget Transfer - County Service Area (CSA) No. 24 -
Chico-Mud Creek Drainage - approval is requested for a
budget transfer and associated journal entries
necessary to correct the overpayment of rental
equipment fees to the CSA. The department rents
equipment from the CSA for maintenance within the
district. Accounting errors resulted in overpayment of
rental fees in the amount of $51,934, and approval is
requested to return the overpayment and $3,159 in
earned interest to the department - action requested -
APPROVE BUDGET TRANSFER B-276 (4/5 vote required)
ACCEPTING AND APPROPRIATING $55,093 FROM THE CSA TO THE
DEPARTMENT AS DETAILED IN THE AGENDA REPORT; AND
APPROVE JOURNAL ENTRIES NECESSARY TO CORRECT
OVERPAYMENT ERRORS.
PAGE 7 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 23, 2004
3.30 * Cascade Consulting - approval is requested to award an
agreement to Cascade Consulting for the provision of
grant management services for the Used Oil Block Grant.
The agreement is the result of a Request For Proposal.
The term of the agreement is March 1, 2004, through
August 31, 2004, with a maximum amount payable of
$42,350 (grant funds) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
TREASURER-
TAx COLLECTOR 3.31 * Monthly Investment Report - submitted is the Monthly
Investment Report dated February 27, 2004, in
accordance with the Statement of Investment Policy
dated July 1, 2003 - action requested - ACCEPT FOR
INFORMATION.
OTHER DEPARTMENTS
AND AGENCIES 3.32 * Proposition 40 Funding - the Lake Oroville Joint Powers
Authority is requesting the Board authorize the
Oroville Redevelopment Agency to be the lead agency in
providing the environmental review, planning and
implementation of projects relating to the grant funds
from the State Department of Parks and Recreation -
action requested - AUTHORIZE THE OROVILLE REDEVELOPMENT
AGENCY TO BE THE LEAD AGENCY FOR THE GRANT; AND
AUTHORIZE THE JOINT POWERS AUTHORITY TO EXECUTE AN
AGREEMENT WITH THE OROVILLE REDEVELOPMENT AGENCY FOR
PROCESSING THE $3 MILLION STATE PARK AND RECREATION
GRANT FOR AN HISTORIC RIVER TRAIL AND VISITOR/CULTURAL
CENTER ALONG THE FEATHER RIVER IN HISTORIC DOWNTOWN
OROVILLE.
3.33 * Resolution Celebrating 40 years of Community Action -
the Community Action Agency of Butte County is
requesting the Board adopt a resolution celebrating 40
years of community action - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.34 * Resolution Designating the Friends of the Arts-Butte
County, a Program of the 501C Upstate Community
Enhancement Foundation, as the Local Partner for the
California Arts Council's State-Local Partnership
Program - the California Arts Council is requesting the
Board renew its designation of the Friends of the Arts-
Butte County as the local arts agency for the purpose
of participating in the State-Local Partnership
Program - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
3.35 * Resolution Recognizing April as Child Abuse Prevention
Month - the Child Abuse Prevention Council is
requesting the Board adopt a resolution designating
April as Child Abuse Prevention Month in Butte County -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
PacE 8 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 23, 2004
3.36 * Private Industry Council of Butte County - the Council
has submitted recommendations for Board of Director
appointments - action requested - REAPPOINT AL STIEFEL
AND ROBERT L. HEWITT, OROVILLE BUSINESS
REPRESENTATIVES; JOHN RUSH, CHICO BUSINESS
REPRESENTATIVE; CAROL PETERSON, PARADISE BUSINESS
REPRESENTATIVE; RICHARD BALLEW, EMPLOYMENT DEVELOPMENT
SERVICES REPRESENTATIVE (ALL TO TERMS TO END JUNE
2007); AND MIKE TRAVIS, ECONOMIC DEVELOPMENT AGENCY
REPRESENTATIVE, TO A TERM TO END JUNE 2006.
3.37 Drainage District No. 100 - action requested -
REAPPOINT DENNIS THENGVALL AND MARVIN LUNDBERG,
TRUSTEES, TO TERMS TO END DECEMBER 3, 2007.
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.
BUDGET AND
LEGISLATIVE
UPDATE 4.02 Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
PRESENTATION
AND DISCUSSION
ITEMS 4.03 * Library Advisory Board - Report to the Board - pursuant
to Resolution 02-060, presentation of a report from the
Butte County Library Advisory Board for the period of
July 2003 through February 2004 - action requested -
ACCEPT FOR INFORMATION. (LIBRARY ADVISORY BOARD)
4.04 * Technical Update of the Butte County General Plan -
presentation and discussion of the process proposed for
the Technical Update of the Butte County General Plan -
action requested - DIRECT STAFF TO RELEASE THE
TECHNICAL UPDATE TO THE PUBLIC; AND DIRECT STAFF TO
COORDINATE AND SCHEDULE PUBLIC DISCUSSIONS REGARDING
THE TECHNICAL UPDATE. (DEVELOPMENT SERVICES)
PacE 9 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 23, 2004
4.05 * Introduction of an Ordinance Adding Section 26-3.3,
Entitled "Notice of Limited Allowed Use" to Chapter 26,
Entitled "Buildings" of the Butte County Code -
consideration of an ordinance which will allow for the
recordation of a notice or deed restriction specifying
the allowed limited uses of residential accessory
buildings - action requested - WAIVE READING OF THE
ORDINANCE. (DEVELOPMENT SERVICES)
4.06 Items Removed from the Consent Agenda for Board
Consideration and Action.
5.00 PUBLIC HEARINGS AND TIMED ITEMS
10:30 A.M. 5.01 * Continued Public Hearing - Raymond Teesdale - Tentative
Parcel Map and Lot Line Adjustment - Appeal -
consideration of an appeal of the Development Review
Committee's denial of a Tentative Parcel Map and Lot
Line Adjustment to divide a 46.28 acre parcel into four
10 acre lots and a 6.28 acre remainder on property
zoned A-5 (Agricultural - 5 acre parcels). The
property is located approximately 1,300 feet north of
Central House Road on the west side of the Western
Pacific Railroad tracks, near the intersection of
Central House Road and Lone Tree Road, Oroville, and
identified as APN 028-020-054 and 046 (MM [TPM 02-
19]) - action requested - CONTINUE PUBLIC HEARING OPEN
TO JUNE 8, 2004, AT 10:30 A.M. (FROM 9-24-02 [5.06])
10:40 A.M. 5.02 * Public Hearing - Tentative Parcel Map Appeal - Ruddy
Creek Partnership - consideration of an appeal of a
mitigation measure for a Tentative Parcel Map to divide
a 17.8 ± acre parcel into four 1.01 ± acre parcels for
residential development, and a remainder parcel of
13.4 ± acres. This is a project on which notice of
intent to adopt a negative declaration with mitigation
measures regarding environmental impacts has been
given. Sewage disposal and domestic water services
would be through the Thermalito Irrigation District
(TID) Parcels 2, 3, and 4 would front on 18t'` Street.
Parcel 1, a corner lot, would front on both 18t'` Street
and Feather Avenue. The remainder parcel would front
on Feather Avenue. The remainder parcel would
ultimately be developed with an 87-space mobile home
park. The property is zoned A-R (Agricultural
Residential) and is located on the southeast corner of
Feather Avenue and 18t'` Street, Thermalito, and
identified as APN 030-360-082, 083, 084 (SB [TPM 03-
26]) - action requested - OPEN HEARING AND CONTINUE
OPEN TO APRIL 13, 2004, AT 10:30 A.M., TO ALLOW STAFF
ADDITIONAL TIME TO COMPLETE THE AGENDA REPORT.
PAGE to MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 23, 2004
10:45 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 - CONTINUE PUBLIC HEARING
OPEN TO APRIL 13, 2004, AT 11:15 A.M. (FROM 1-27-04
[5.03])
10:45 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 - CONTINUE PUBLIC
HEARING OPEN TO APRIL 13, 2004, AT 11:15 A.M. (FROM
1-27-04 [5.04])
10:45 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 - CONTINUE PUBLIC HEARING OPEN TO
APRIL 13, 2004, AT 11:15 A.M. (FROM 1-27-04 [5.05])
10:45 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 - CONTINUE PUBLIC
HEARING OPEN TO APRIL 13, 2004, AT 11:15 A.M. (FROM
1-27-04 [5.06])
PAGE 11 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 23, 2004
10:45 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 -
CONTINUED PUBLIC HEARING IF APPLICANT REQUESTS
CONTINUANCE OF APPEAL; OR VACATE HEARING. (FROM
1-27-04 [5.07])
1:00 P.M. 5.08 * Continued Public Hearing - Steve Schuster - Tentative
Subdivision Map (Sierra Moon Subdivision) - Appeal -
consideration of appeals of the Development Review
Committee's approval of a Tentative Subdivision Map to
create 119 single family residential parcels in
accordance with a previously approved Planned
Development and Development Agreement. The property is
300 acres total in size. The 119 residential parcels
would be clustered in the southwest and northwest
portion of the 229 acre area that is the subject of the
Development Agreement and Planned Development. An
70.15 acre Remainder Parcel is also proposed. The
proposed single-family residential lots would range in
size from one-third of an acre to over one acre in
size, with half-acre lots being the predominant size.
In accordance with the Development Agreement, traffic
circulation would be accomplished by subdivision road
connections to Hicks Lane at two locations on the east
side of the property, and Spyglass Road and Guntren
Road on the west side of the property. In accordance
with the Development Agreement, a total of 103 acres of
open space shall be retained along Hicks Road and Mud
Creek, and a total of approximately 32 acres of open
space shall be retained along Keefer Slough and north
of Mud Creek. Drainage and storm water run-off would
be directed into three on-site retention basins.
Sewage disposal would be accomplished by a community
sewage disposal system to be located on the 103-acre
open space parcel. Domestic and fire flow water
supplies would be accomplished through a community
water system. This is a project on which notice of
intent to adopt a negative declaration with mitigation
measures regarding environmental impacts has been
given. The property is zoned SR-1/PD (Suburban
Residential-1 acre parcels/Planned Development); OS/PD
(Open Space/Planned Development) and is located north
of Chico and west of the Chico Airport, on the west
side of Hicks Lane, approximately 3,000 feet south of
Keefer Road in the North Chico Specific Plan area, and
identified as APN 047-710-001 (DB [TSM 03-01]) - action
requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
(CONTINUED ON PAGE 13)
PAGE 12 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 23, 2004
5.08 1. SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE
(Cont.) AGENDA REPORT DATED MARCH 23, 2004, DENY THE
APPEALS AND APPROVE A MITIGATED NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS;
2. FIND THAT THIS PROJECT WILL HAVE AN IMPACT TO
FISH AND/OR WILDLIFE HABITAT AND DIRECT THE
COLLECTION OF DEPARTMENT OF FISH AND GAME FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4 AND
14 CCR 753.5; AND
3. SUBJECT TO FINDINGS III (A-G) AS DETAILED IN THE
AGENDA REPORT DATED MARCH 23, 2004, AND THE
CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT A
OF THE AGENDA REPORT DATED MARCH 23, 2004, DENY
THE APPEALS AND APPROVE TENTATIVE SUBDIVISION MAP
03-01 FOR STEPHEN J. SCHUSTER, ASSESSOR PARCEL
NUMBER 047-710-001. (FROM 9-9-03 [5.03])
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 LEGAL COUNSEL REGARDING SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(b)(1) ONE POTENTIAL CASE.
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(c) ONE POTENTIAL CASE.
7.03 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a): CLEANUP AND ABATEMENT ORDER NO. 85-2003-
0707; HUMBOLDT ROAD BURN DUMP, CHICO, CA.
PAGE 13
MARCH 23, 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