HomeMy WebLinkAboutA102709
BCBS
UTTEOUNTYOARD OF UPERVISORS
A
GENDA
O27,2009
CTOBER
County Supervisors
Bill Connelly, District 1
Jane Dolan, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Kim Yamaguchi, District 5
Gregory G. Iturria, Interim Chief Bruce Alpert, County Counsel
Administrative Officer and
Clerk of the Board
BCBSA-O27,2009
UTTEOUNTY OARD OF UPERVISORS GENDA CTOBER
1.00CO
9:00..
ALL TO RDER
AM
1.01Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive,
Oroville.
1.02Pledge of Allegiance to the Flag of the United States
of America.
1.03Observation of a Moment of Silence.
2.00C/CA.
ORRECTIONS ANDORHANGES TO THE GENDA
3.00CA
ONSENTGENDA
B
EHAVIORAL
3.01*California Counties Mental Health Services Authority
H
EALTH
(CCMHSA) - The California Mental Health Directors
Association has developed this Joint Powers Authority
(JPA) in order to combine resources and efforts to
perform administrative requirements and duties related
to five statewide Mental Health Services Act Prevention
and Early InterventionProjects. The CCMHSA had an
initial membership of the following seven counties:
Colusa, Humboldt, Monterey, San Bernadino, San Luis
Obispo, Solano, and Stanislaus. Approval is requested
to allow the Butte County Department of Behavioral
Health (BCDBH) to enter into the CCMHSA in order to
jointly develop and fund mental health services and
educationalprograms. The cost for Butte County to
join the JPA is $500. It is also requested the Board
appoint the Director of Behavioral Health as Butte
County’s delegate and grant the Director authority to
designate an alternate - action requested - ADOPT
RESOLUTION APPROVING MEMBERSHIP AND APPOINTMENT OF
DIRECTOR OF BEHAVIORAL HEALTH TO ACT AS DELEGATE AND
AUTHORIZE THE CHAIR TO SIGN.
3.02*Best, Best, & Krieger - amendment - approval is
requested for an amendment to the agreement with Best,
Best, & Krieger for the provision of legal services
related to administrative appeals and other areas
requiring legal services. The amendment increases the
maximum amount payable by $10,064.74 (department
budget). All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
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BCBSA-O27,2009
UTTEOUNTY OARD OF UPERVISORS GENDA CTOBER
3.03*Northern Valley Catholic Social Services (NVCSS) -
amendment - approval is requested for an amendment to
the agreement with NVCSS for the provision of the
Parent Partner component of the Connecting Circles of
Care Program. The amendment increases the maximum
amount payable by $88,612.10 (unexpended grant funds
from FY 08/09). All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
APPROVE RELATED BUDGET TRANSFER (4/5 vote required)
ACCEPTING AND APPROPRIATINGFUNDS AS DETAILED IN THE
AGENDA REPORT.
3.04*Skyway House - amendment - approval is requested for an
amendment to the agreement with Skyway House for the
provision of Long-Term Residential Recovery Services,
Day Care Habilitative Services, and the Alcohol and
Drug Free Housing for eligible residents referred by
the department. The amendment increases the maximum
amount payable by $61,145.23 (department budget
utilizing grant funds). All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.05*Fixed Asset Purchase - approval is requested for the
purchase of computer/server system imaging solution
with support and associated software. This system will
be utilized to minimize computer/server systems
downtime due to hardware systems failure. The
estimated cost is $20,000 - action requested - APPROVE
THE FIXED ASSET PURCHASE OF COMPUTER/SERVER SYSTEMS
IMAGING SOLUTION IN THE AMOUNT OF $20,000; AND APPROVE
BUDGET TRANSFER ACCEPTING AND APPROPRIATING FUNDS AS
DETAILED IN THE AGENDA REPORT.
3.06*Farrell Design Group - approval is requested for an
agreement with Farrell Design Group for the design,
production, and printing of a brochure and report to be
used to increase public awareness of the programs and
services provided by Butte County Department of
Behavioral Health. The publications will be
distributed to the general public, specifically
targeting mental health consumers and other agencies
that provide services - action requested - APPROVE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
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BCBSA-O27,2009
UTTEOUNTY OARD OF UPERVISORS GENDA CTOBER
3.07*Accept Unanticipated Revenue - approval is requested to
accept $53,670 from the U.S. Department of Housing and
Urban Development for permanent housing assistance for
homeless individuals - action requested - APPROVE
BUDGET TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE
AGENDA REPORT.
3.08*Substance Abuse & Crime Prevention Act
(SACPA/Proposition 36) Funding Elimination - Pursuant
to the elimination of Proposition 36 funding in the
State Fiscal Year (FY) 2009/2010 Budget, approval is
requested to reduce $682,014 in SACPA funds from the
department’s FY 09/10 budget. SACPA provided funding
to cover the costs of drug treatment, probation
supervision, vocational training, family counseling,
and literacy training - action requested - APPROVE
BUDGET ADJUSTMENT (4/5 vote required) AS DETAILED IN
THE AGENDA REPORT.
C
HIEF
A
DMINISTRATIVE
3.09*Approval of Minutes - action requested - APPROVE
O
FFICE
MINUTES OF OCTOBER 20, 2009.
3.10*Proposition 1A Securitization Program - consideration
of a resolution approving the form of and authorizing
the execution and delivery of a purchase and sale
agreement with respect to the sale of the seller’s
Proposition 1A Receivables. Proposition 1A was passed
by California voters in 2004 to ensure local property
tax and sales tax revenues remain with local government
to help fund public safety, health, libraries, parks,
and other local services. An emergency suspension of
Proposition 1A was passed by the State Legislature in
July 2009. The Proposition 1A Securitization Program
was instituted to enable local agencies to sell their
respective Proposition 1A Receivables to California
Communities. The purchase price will equal 100% of the
amount of the property tax reduction and all
transaction costs of issuance and interest will be paid
by the State - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
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BCBSA-O27,2009
UTTEOUNTY OARD OF UPERVISORS GENDA CTOBER
3.11*Lumos & Associates - approval is requested for an
agreement with Lumos & Associates to perform a
Wastewater Study in the community of Palermo. A
Request for Proposal (RFP) was sent to fifty-three
firms. Four proposals were submitted. Lumos &
Associates was chosen with a bid of $66,500. This
study will be funded 100% with Community Development
Block Grant funds. The term of the agreement is
October 28, 2009 through May 8, 2010 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.12*State Community Development Block Grant (CDBG) Micro-
Enterprise Activities - approval is requested to
accept and appropriate $300,000 in funds received for
the Butte County Micro-Enterprise Business Assistance
Program. Approval is also requested for an exhibit to
the Master Subrecipient Agreement with 3Core (formally
Tri-County EDC) which was originally implemented in
February 2001 to provide staff services related to the
CDBG program. The exhibit provides for administration
and implementation of the current grant - action
requested - APPROVE BUDGET TRANSFER (4/5 vote required)
ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE
AGENDA REPORT; AND APPROVE EXHIBIT 32 TO THE MASTER
SUBRECIPIENT AGREEMENT.
D
ISTRICT
3.13*Expert Witness Fees - approval is requested for the
A
TTORNEY
payment of expert witness services in the amount of
$1,091.70 (department budget). Perinatal & Pediatric
Specialists Medical Group, Inc. was utilized in a
criminal case, but due to the nature of the crime and
time constraints, the department was not able to go
through the administrative procedures set up for the
payment of expert witnesses - action requested -
AUTHORIZE PAYMENT OF INVOICE IN THE AMOUNT OF $1,091.70
FOR EXPERT WITNESS SERVICES.
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BCBSA-O27,2009
UTTEOUNTY OARD OF UPERVISORS GENDA CTOBER
G
ENERAL
3.14*Resolution Approving the Application for an American
S
ERVICES
Recovery & Reinvestment Act (ARRA) 1% Loan -
consideration of a resolution to approve the submittal
of an application for an energy efficiency loan not to
exceed $200,000 from the California Energy Commission.
The loan will be used for the replacement of a boiler
which is a key component of the HVAC system at 25
County Center Drive and must be repaid from energy cost
savings within thirteen years using simple interest
calculations - action requested - 1) FIND THE
ACTIVITIES FUNDED UNDER THIS LOAN ARE CATEGORICALLY
EXEMPT PURSUANT TO SECTION 15301 OF THE CEQA
GUIDELINES; 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN; AND 3) AUTHORIZE THE CHIEF ADMINISTRATIVE
OFFICER TO EXECUTE ALL NECESSARY DOCUMENTS RELATED TO
THE LOAN.
H
UMAN
3.15*Resolution to Amend the Salary Ordinance - the
R
ESOURCES
department has prepared a resolution which will amend
the salary ordinance as follows:
ASSESSOR - requests to add one term position of
Assessment Clerk. This position was eliminated in the
2009-2010 budget process. Organizational changes have
created existing salary savings to fund this position
through June 30, 2010. This change will increase the
total allocations in the department from 38 to 39.
BEHAVIORAL HEALTH - requests to delete one position of
Mental Health Clinician/Mental Health Clinician Intern
and requests to add one position of Certified Nurse
Practitioner/Physician’s Assistant. The new position
will allow for greater flexibility in the department
and increased medical care. These changes will leave
the total allocations in the department unchanged at
281.75 - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
3.16*Delta Dental of California - amendment - approval is
requested for an amendment to the agreement with Delta
Dental of California. The term of the amendment is
January 1, 2009 through December 31, 2009. This
amendment reflects changes in monthly premium payments
for all County Enrollees and their dependents - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
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BCBSA-O27,2009
UTTEOUNTY OARD OF UPERVISORS GENDA CTOBER
I
NFORMATION
3.17*Interoperable Emergency Communications Grant Program
S
YSTEMS
(IECGP) - approval is requested to accept and
appropriate $358,719 in unanticipated revenue received
as a result of the redistribution of Fiscal Year 2008
IECGP funds. Approval is also requested for an
amendment to the agreement with North Highland for the
provision of an emergency services planning consultant
for a Northern Planning Area Interoperability
Assessment. The amendment increases the maximum
amount payable by $535,992 ($298,992 from FY08 IECGP
and $237,000 from FY09 IECGP) and amends the original
scope of work - action requested - APPROVE BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE
AGENDA REPORT; AND APPROVE AGREEMENT AMENDMENT AND
AUTHORIZECHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
P
UBLIC
3.18*Public Health Emergency Preparedness Grant - approval
H
EALTH
is requested for a revenue agreement with the
California Department of Public Health to provide
funding for Public Health Emergency Preparedness. The
maximum amount receivable is $906,989 for varied terms
ranging from July 1, 2009 through July 30, 2010
depending on the program. The following programs are
funded by this grant: Centers for Disease Control and
Prevention Emergency Preparedness, the Hospital
Preparedness Program (HPP), the State Pandemic
Influenza program, and the H1N1 HPP - action
requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER; AND APPROVE RELATED BUDGET TRANSFER
(4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT.
3.19*Resolution Authorizing Local Government Agency (LGA)
Coordinator - consideration of a resolution authorizing
an LGA Coordinator for oversight of the Targeted Case
Management (TCM) services in Butte County. The
resolution authorizes the LGA coordinator, or designee,
to execute documents necessary for the implementation
of the TCM - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
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BCBSA-O27,2009
UTTEOUNTY OARD OF UPERVISORS GENDA CTOBER
3.20*Resolution Authorizing Acceptance of Funds from State
Water Resources Control Board (SWRCB) - approval is
requested to accept and appropriate $100,000 in
unanticipated revenue from the SWRCB which will be used
for the repair of an underground storage tank site at
153505 Skyway in De Sabla. As part of the Pre-Letter
of Award, it is required a Grantee Representative is
designated - action requested - 1) APPROVE BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT;
2) DESIGNATE THE ENVIRONMENTAL HEALTH DIRECTOR OR
DESIGNEE AS GRANTEE REPRESENTATIVE; AND 3)ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
P
UBLIC
3.21Adoption of an Ordinance Establishing Speed Limits on
W
ORKS
Certain Roads Within Butte County - In response to
citizens’ concerns regarding the speed on Keefer Road
from Hicks Lane to Cohasset Road, the department has
performed a speed study and Engineering & Traffic
Survey. Based on these findings, it is recommended
that the speed limit be changed from 35 mph to 45
mph - action requested - - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-
13-2009 [Item 3.23])
3.22*Contract Change Order for the Construction of the Aguas
Frias Road Bridge across Butte Creek, County Project
No. 23201-95-1 – approval is requested for this change
order which provides for increased funding for the
placement of 767.61 metric tons of Hot Mix Asphalt and
for the adjustment of the back wall dimensions. This
contract change order results in an overall increase to
the contract of $80,922.95. The construction portion
of this project is 88.53% reimbursable through the
Federal Highway Bridge Program (HBP), and the remaining
11.47% is reimbursable through the State Transportation
Improvement Program. There is sufficient funding in
the department’s budget to cover the increase – action
requested - APPROVE CONTRACT CHANGE ORDER AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
3.23*Butte Regional Waste Management Authority Formation
Agreement - amendment - approval is requested for this
amendment showing the current membership of the Butte
Regional Waste Management Authority. The member
jurisdictions are now: The City of Biggs, The City of
Gridley, and the County of Butte - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO
SIGN.
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UTTEOUNTY OARD OF UPERVISORS GENDA CTOBER
3.24*Notice of Completion - Excavation of Module 4, Phase D
at the Neal Road Recycling and Waste Facility, County
Project No. 757-5916 - All contract work has been
completed in accordance with the plans and
specifications - action requested - ACCEPT CONTRACT
WORK;AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF
COMPLETION; AND AUTHORIZE THE RECORDING OF THE NOTICE
OF COMPLETION.
T-
REASURER
3.25*Monthly Investment Report - Submitted is the monthly
TC
AXOLLECTOR
investment report dated September 30, 2009, in
accordance with Butte County Statement of Investment
Policy dated July 1, 2009 - action requested - ACCEPT
FOR INFORMATION.
O
THER
D
EPARTMENTS
3.26*ResolutionRecognizing November 2009 as National
AND AGENCIES
Adoption Month - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
4.00RA
EGULARGENDA
B,
OARDS
C
OMMISSIONS AND
4.01*Boards, Commissions and Committees.
C
OMMITTEES
1.Appointments to Listed Vacancies.
2.Board Member or Committee Reports.
B,L
UDGETEGISLATIVE
CR
OROUNTYELATED
4.02Update on Current Budget and Legislative Issues by the
U
PDATES
Chief Administrative Officer.
4.03Update of General Plan 2030 Process by Director-
Development Services.
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BCBSA-O27,2009
UTTEOUNTY OARD OF UPERVISORS GENDA CTOBER
4.04*Update Regarding Upcoming Butte County Code Amendments.
P
RESENTATION
D
ANDISCUSSION
4.05*Fiscal Year 2008/2009 End of Year Financial Report -
I
TEMS
submitted is the FY 08/09 Year End Report which
provides summary information of the fiscal year end
analysis, noting State budget impacts, cash flow
challenges, the economy, and the future fiscal outlook
for Butte County. The report reviews recent fiscal
challenges and outcomes, and describes future
challenges by extrapolating current trends and
recognizing present risks - action requested - ACCEPT
THE FISCAL YEAR 2008/2009 YEAR END REPORT. (Chief
Administrative Office)
4.06*Request for a Fee Waiver for Upper Ridge Volunteer Fire
Company (Station 31) - consideration of a request
submitted by the Upper Ridge Volunteer Fire Company
(Station 31) for the waiver of use permit fees,
building permit fees, and impact fees for the addition
of a 1,200 square foot accessory building on the
existing fire station property. The project site (APN
065-090-019) is on the east side of Skyway
approximately 3,330 feet north of Nimshew Road and
Columbine Road in Magalia. The approximate amount of
fees associated with this project is between$14,800
and $18,100. Staff recommends the Board grant this
request - action requested - PURSUANT TO BUTTE COUNTY
CODE SECTION 1-18, DETERMINE THAT A PUBLIC INTEREST
FINDING CAN BE MADE TO WAIVE THE USE PERMIT FEES,
BUILDING PERMIT FEES, AND IMPACT FEES RELATED TO THIS
PROJECT. (Department of Development Services)
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BCBSA-O27,2009
UTTEOUNTY OARD OF UPERVISORS GENDA CTOBER
4.07*State Route (SR) 99 Corridor Bike Project - The City of
Chico is developing plans for the State Route 99
Corridor Bike Project under an accelerated schedule
imposed by the State of California. The overall
project, which will be developed in two phases,
proposes to construct an approximately 6.7 mile Class
I and Class II/III bicycle facilities, portions of
which parallel the east side of SR-99. A portion of
Phase 1 includes the construction of a paved path over
the existing maintenance road within the limits of
Shasta Union Drainage Assessment District (SUDAD)
between Eaton Road and Panama Avenue. Additional
detail is available in the agenda report - action
requested -
1) ALLOW THE CITY OF CHICO TO OBTAIN AN EASEMENT FOR
EXTRA-TERRITORIAL PROPERTY OWNED BY CALIFORNIA
WATER SERVICE AND LOCATED WITHIN BUTTE COUNTY’S
JURISDICTION AND DIRECT THE DIRECTOR OF PUBLIC
WORKS TO NOTIFY THE CITY OF CONSENT; AND
2) APPROVE THE GRANT DEED DEDICATION TO THE CITY OF
CHICO FOR A BICYCLE PATH EASEMENT AND AUTHORIZE
THE DIRECTOR OF PUBLIC WORKS TO SIGN; AND
3) APPROVE THE AGREEMENT WITH CITY OF CHICO ALLOWING
ENCROACHMENT INTO BUTTE COUNTY-OWNED SUDAD
PROPERTY FOR THE INSTALLATION, MAINTENANCE, AND
ONGOING USE OF A BICYCLE/PEDESTRIAN PATHWAY AND
ASSOCIATED IMPROVEMENTS AND AUTHORIZE THE CHAIR
TO SIGN. (Public Works)
4.08Items Removed from the Consent Agenda for Board
Consideration and Action.
Recess as the Butte County Board of Supervisors and
Convene as the Thompson Flat Cemetery District Board of
Directors.
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BCBSA-O27,2009
UTTEOUNTY OARD OF UPERVISORS GENDA CTOBER
TFCD
HOMPSONLATEMETERYISTRICT
BD
OARD OF IRECTORS
A
GENDA
O27,2009
CTOBER
Call to Order
1.00- Butte County Board of Supervisors Room,
25 County Center Drive, Oroville.
Consent Agenda
2.00
2.01*Resolution Requesting a Three-Year Audit Period -
Previous law required the County Auditor to perform an
annual audit of the accounts and records of every
special district within the county for which an audit
by a certified public accountant or public accountant
is not otherwise provided. The adoption of AB 2510 (La
Malfa) in 2008 modified Government Code Section
26909(b)(3) which allowed special districts to replace
the required annual audit with an audit to be conducted
at specified intervals as recommended by the County
Auditor. The Butte County Auditor-Controller supports
a three-year audit period for the Thompson Flat
Cemetery District - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
Public Comment
3.00
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 is prohibited from taking action on any
item not listed on the agenda.
Adjournment
Adjourn as the Thompson Flat Cemetery District Board of
Directors and reconvene as the Butte County Board of
Supervisors.
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BCBSA-O27,2009
UTTEOUNTY OARD OF UPERVISORS GENDA CTOBER
5.00PHTI
UBLICEARINGS AND IMEDTEMS
9:45..5.01*Timed Item - A Matter on Which a Public Hearing Has
AM
Been Held and Closed - On July 21, 2009 the Board of
Supervisors heard an appeal of Planning Commission’s
Denial of Certificate of Correction application COR07-
0002 to remove a note on Lot 28 of the Sierra
Foothills #2 Subdivision map, Zinfandel Drive, recorded
February 6, 1986 in Book 100, Pages 83 and 84. The
Board directed staff to analyze the comments and
materials submitted during public hearing and to
provide a recommendation. This item was included on
the August 25, 2009 Board of Supervisors agenda, but at
the request of the applicant, the Board continued the
matter closed to October 27, 2009 to allow the
applicant time to review the agenda report and
resolution. Staff recommends denial of this appeal -
action requested - ADOPT A RESOLUTION WITH FINDINGS
DENYING THE APPEAL. (Department of Development
Services)
10:00..5.02*Public Hearing - Appeal of PlanningCommission’s
AM
Condition of Approval for Use Permit UP07-0007 -
consideration of an appeal to modify Condition of
Approval #20 by removing the requirement to construct
a curb, gutter and sidewalk along the Railroad Avenue
frontage of the project. The project is located east
of Railroad Avenue, 0.14-miles south of the Railroad
Avenue and Kusel Road intersection, near the city of
Oroville (APN 078-030-013). Staff recommends denial of
the appeal - action requested - ADOPT RESOLUTION
DENYING THE APPEAL AND UPHOLDING THE PLANNING
COMMISSION’S CONDITION OF APPROVAL #20.
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BCBSA-O27,2009
UTTEOUNTY OARD OF UPERVISORS GENDA CTOBER
10:20..5.03*Public Hearing - Zoning Code Amendment (ZCA09-0002) -
AM
Residential Generator Noise - consideration of an
ordinance establishing standards for noise from
residential generators. The standards would apply to
the operation of residential generators in all areas of
the unincorporated portion of Butte County outside of
the area of applicability for Standards for Limited
Density Owner-Built Rural Dwellings. The proposed
ordinance requires that noise produced by residential
generators shall not exceed 55 decibels at or outside
the originating property line. The proposed ordinance
would be enforced through the County’s Code Enforcement
Process - action requested - FIND THE PROPOSED ZONING
CODE AMENDMENT EXEMPT FROM ENVIRONMENTAL REVIEW UNDER
CEQA PURSUANT TO SECTION 15308 OF THE CEQA GUIDELINES;
AND ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
10:40..5.04*Public Hearing - Zoning Code Amendment (ZCA09-0001) -
AM
Outdoor Lighting in Residential Areas - consideration
of an ordinance establishing standards for outdoor
lighting in order to prevent direct light from shining
onto adjoining properties. The standards would apply
to the following zones: Agricultural Residential;
Agricultural Suburban-Residential;Foothill
Recreational; Mountain or Recreation Subdivisions-
Residential; Residential; Residential Nonconforming;
Residential-Mobile Home; Suburban Residential; Timber
Mountain; and Unclassified. The proposed ordinance
requires that all new outdoor lighting conform to the
standards and requires all existing outdoor lighting be
brought into conformity with standards within three to
six months after adoption of the ordinance. The
proposed ordinance would be enforced through the
County’s Code Enforcement Process - action requested -
FIND THE PROPOSED ZONING CODE AMENDMENT EXEMPT FROM
ENVIRONMENTAL REVIEW UNDER CEQA PURSUANT TO SECTION
15308 OF THE CEQA GUIDELINES; AND ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN.
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PC
6.00
UBLICOMMENT
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.
7.00CS
LOSEDESSION
7.01CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT
CODE SECTION 54957.6:
LABOR NEGOTIATORS: BILL AVERY/LAURA BRUNSON
EMPLOYEE ORGANIZATION:BCEA, BCMEA, CWA, DSA -
MANAGEMENT/SUPERVISORY
UNIT, DSA - GENERAL UNIT,
BCCOA - SUPERVISORY UNIT,
BCCOA - GENERAL UNIT, PPOA,
AND PEA.
7.02ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION
54956.9(a) - FOUR CASES
1.LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2.DRY CREEK COALITION V. NORTH CONTINENT LAND AND
TIMBER, ET AL.; BUTTE COUNTY SUPERIOR COURT CASE
NO. 144532;
3.BUTTE COUNTY V. NATIONAL INDIAN GAMING
COMMISSION, ET AL; D.C. CIRCUIT CASE NO. 09-5179;
4.SALERNO V. COUNTY OF BUTTE; UNITED STATES
DISTRICT COURT CASE NO. 07-2157.
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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.Consent Agenda: 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 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.
this is where presentations to the Board and items that require full discussion are
2.Regular Agenda:
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