HomeMy WebLinkAboutA110904BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
NOVEMBER 9, 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:~~ A.M. 1.~~
1.01
1.02
1.03
2.00
CALL TO ORDER
Call to Order
Administration
Oroville.
AGENDA -NOVEMBER 9, 2004
- Board of Supervisors Room, County
Building, 25 County Center Drive,
Pledge of Allegiance to the Flag of the United States
of America.
Observation of a Moment of Silence.
CORRECTIONS AND~OR CHANGES TO THE AGENDA.
3 . ~ ~ CONSENT AGENDA
AGRICULTURAL-
COMMISSIONER 3.01 * Resolution in Recognition of Robert J. Voohees upon His
Retirement from the County of Butte - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.02 * State of California, Department of Food and
Agriculture - approval is requested for a revenue
agreement with the State of California, Department of
Food and Agriculture, for the County's provision of
services to support the Sudden Oak Death Statewide
Emergency Response program. The term of the agreement
is March 1, 2004, through February 28, 2005, with a
maximum amount payable to the County of $39,818. The
funds will be used to add a sunset position of
Agriculture/weights and Measures Inspector to provide
services in support of the program. Board approval is
also requested to accept and appropriate the
unanticipated revenue - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE
A BUDGET TRANSFER (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT. (Contract No. R40736)
BEHAVIORAL
HEALTH 3.03 * J&S Office Maintenance - Amendment - approval is
requested for an amendment to the agreement with J&S
Office Maintenance for the provision of janitorial
services for county-leased buildings. The amendment
adds services for 564 Rio Lindo Avenue, Suite 100,
Chico, increases the maximum amount payable by $640
(department budget) for the additional site, and
revises the agreement's exhibits to reflect the change.
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. X13049)
PAGE 1 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -NOVEMBER 9, 2004
3.04 * Medo's Building Maintenance - Amendment - approval is
requested for an amendment to the agreement with Medo' s
Building Maintenance for the provision of janitorial
services for county-leased buildings. The amendment
terminates services at 564 Rio Lindo Avenue, Suites 100
and 106, Chico, decreases the maximum amount payable by
$640, and revises the agreement's exhibits to reflect
the change. 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. X13067)
3.05 * Chicoans Against Substance Abuse - Amendment - approval
is requested for an amendment to the agreement with
Chicoans Against Substance Abuse for the provision of
grant administration services for the Youth Nexus grant
program. The amendment extends the term of the
agreement through June 30, 2005, and increases the
maximum amount payable by $10,000 (department budget)
for the extended term. 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. X14064)
3.06 * Butte County Public Health Department/Butte County
Department of Behavioral Health - Amendment - approval
is requested for an amendment to the Memorandum of
Understanding with the Public Health Department for
services in support of the System of Care program. The
amendment extends the term of the agreement through
June 30, 2005, increases the maximum amount payable by
$63,673.23 (department budget) for the extended term,
and revises the agreement's exhibits to reflect the
change. 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. X11980)
3.07 * Solutions for Positive Choices - License
Recommendation - pursuant to the California Code of
Regulations, approval is requested for a letter to the
California Department of Alcohol and Drug Programs, to
recommend the approval of an Oroville site license for
Solutions for Positive Choices for their driving-under-
the-influence (DUI) programs. Solutions for Positive
Choices has been providing DUI program services at
their satellite location in Oroville since 1995.
Recent changes to State regulations now require the
Oroville site to obtain a separate license. County
Board of Supervisor recommendation is required for the
application - action requested - APPROVE LETTER
RECOMMENDING APPROVAL OF APPLICATION FOR LICENSE AND
AUTHORIZE THE CHAIR TO SIGN.
PAGE 2 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 9, 2004
3.08 * Remodel Project - 592 Rio Lindo Avenue, Chico -
Contract Change Orders (Hignell, Inc.) - pursuant to
the requirements of the Butte County Purchasing Policy
Manual, Board ratification is requested for three
Contract Change Orders to the agreement with
Hignell, Inc., for construction services associated
with the office remodel project at 592 Rio Lindo
Avenue, Chico. A total of three contract change orders
were approved, with an overall increase to the contract
price of $5,652.90 (department budget) - action
requested - RATIFY CHANGE ORDERS (3).
CHILD
SUPPORT
SERVICES 3.09 * Tenant's Estoppel Certificate - approval is requested
for a Tenant's Estoppel Certificate for the office
space located at 1474 Myers Street, Oroville. The form
provides for certification of information regarding the
terms and conditions of the lease agreement between Dr.
and Mrs. M. Robert Ching, Lessor, and the County of
Butte, Lessee - action requested - APPROVE CERTIFICATE
AND AUTHORIZE THE CHAIR TO SIGN.
3.10 * Funding for Automated Child Support System - approval
is requested to accept and appropriate $432,996
received from the State of California, Department of
Child Support Services, for conversion costs associated
with the new automated child support system (CASES) -
action requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
COUNTY
COUNSEL 3 .11 * Resolution Delegating Authority Relating to Corrections
of the Assessment Roll to the Auditor-Controller -
approval is requested for a resolution which will
repeal and replace Resolution 92-144, which required
County Counsel to review corrections to the Assessment
Roll when a decrease in valuation is over $250,000.
The Auditor currently approves corrections when the
decrease in valuation is under $250,000. The monetary
distinction in Resolution 92-144 is not required by any
law, rule or regulation. Delegating the entire
authority to the Auditor, regardless of amount, will
save duplication of effort and expedite the process -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
EMPLOYMENT
AND SOCIAL
SERVICES 3.12 * Temporary Assistance for Needy Families Performance
Incentives - approval is requested to accept and
appropriate $25,000 of Temporary Assistance for Needy
Families Performance Incentive funds. The funds will
be used for the Uniting Families Program - action
requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
PAGE 3 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 9, 2004
3.13 * Budget Transfer - approval is requested to transfer
$250,000 from the Social Services budget to the
CalWORKs budget to meet service requirements of
CalWORKs - action requested - APPROVE BUDGET TRANSFER
AS DETAILED IN THE AGENDA REPORT.
3.14 * California "Kids" Vehicle License Plate Revenue -
approval is requested to accept and appropriate $4,326
received from the California Department of Motor
Vehicles, as the County's share of the revenue
generated through the issuance of California "Kids"
license plates. The funds are to be used for child
abuse prevention activities and education, including
vehicular safety. The department is intending to use
the funds to purchase child safety seats - action
requested - APPROVE A BUDGET TRANSFER (4 /5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
FIRE
DEPARTMENT 3.15 * State of California, Office of Traffic Safety -
approval is requested for a grant agreement with the
State of California, Office of Traffic Safety, for
funds to support the Butte County Regional Life Saving
Rescue Equipment Project. The funds will be used to
place auto extrication equipment on first-responder
vehicles in 12 communities. The term of the agreement
is October 1, 2004, through September 30, 2005, with a
maximum amount payable to the County of $273,127
($228,127 State of California/$45,000 Community Cost
Share Trust Fund). The County match of $45,000 was
included in the department's fiscal year 2004-2005
budget. Board approval is also requested to transfer
$67,858.15 between budget line items to provide the
appropriation to purchase equipment - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN; AND APPROVE A BUDGET TRANSFER OF FUNDS BETWEEN
BUDGET LINE ITEMS AS DETAILED IN THE AGENDA REPORT.
(Contract No. R40737)
GENERAL
SERVICES 3.16 * Resolution Rescinding Resolution No. 92-05 Regarding
the Purchase of American-Brand Passenger Type Motor
Vehicles - approval is requested for a resolution which
will rescind Resolution No. 92-05, which required the
County to purchase only American-brand passenger type
motor vehicles - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 4 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 9, 2004
HUMAN
RESOURCES 3.17 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: TREASURER-TAX
COLLECTOR - adds one flexibly staffed position of
Accounting Specialist/Senior Account Clerk/Account
Clerk, and one position of Revenue and Reimbursement
Officer II/I. SHERIFF-CORONER - SPECIAL ENFORCEMENT
UNIT - restores one sunset position of Deputy Sheriff
with a position end date of October 31, 2004, and
extends the position end date to February 28, 2005 -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
3.18 * Advanced Step Hire - approval is requested on behalf of
the District Attorney's Office for the advanced step
hire of a District Attorney Investigator II candidate
to step three of the salary range based on experience.
Pursuant to Personnel Rule 11.5(b), the Director-Human
Resources recommends the advanced step hire - action
requested - APPROVE ADVANCED STEP HIRE.
3.19 * Appointment to a Specific Salary Step - pursuant to
Personnel Rule 11.13, approval is requested on behalf
of the District Attorney's Office to appoint a
promoting candidate for the position of District
Attorney Chief Investigator to step five of the salary
range for that classification. The candidate has had
twenty-six years of experience with the District
Attorney's Office and his appointment to the position
will be invaluable to the ongoing operation of the
department - action requested - AUTHORIZE APPOINTMENT
OF DISTRICT ATTORNEY CHIEF INVESTIGATOR CANDIDATE TO
STEP FIVE OF THE SALARY RANGE.
INFORMATION
SYSTEMS 3.20 * State of California, Department of General Services -
Amendment - approval is requested for an amendment to
the Master Agreement with the State of California,
Department of General Services, for provision of
telecommunication services (Centrex). The amendment
extends the term of the agreement through
December 3, 2008 - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X15214)
3.21 * Sungard Pentamation, Inc. - approval is requested for
an agreement with Sungard Pentamation, Inc., for
software maintenance and support services for the
County's financial software system. The term of the
agreement is July 1, 2004, through June 30, 2005, with
an annual maximum amount payable of $27,293.77
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X15236)
PAGE 5 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -NOVEMBER 9, 2004
LIBRARY 3.22 * Transfer of Trust Funds - approval is requested to
transfer $90,000 from the Book Trust Fund to the
Library's budget for the purchase of books - action
requested - APPROVE A BUDGET TRANSFER (4 /5 vote
required) ACCEPTING AND APPROPRIATING TRUST FUND
REVENUE AS DETAILED IN THE AGENDA REPORT.
3.23 * Donations for Operations - pursuant to Government Code
Section 25355, a donation of $3,134 from the Paradise
Friends of the Library, and a donation of $4,559 from
the Gridley Friends of the Library, have been received
to fund extra help support staff at the Paradise and
Gridley libraries. Board approval is requested to
accept and appropriate the funds - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION;
AND APPROVE A BUDGET TRANSFER (4 /5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS
DETAILED IN THE AGENDA REPORT.
3.24 * Library Literacy Grant Funds - approval is requested to
re-appropriate $3,291 of unexpended fiscal year 2003-
2004 Library Literacy Grant funds which were
inadvertently transferred to the County's General Fund
at the end of the fiscal year - action requested -
APPROVE A BUDGET TRANSFER (4 /5 vote required) ACCEPTING
AND APPROPRIATING $3,291 FROM THE GENERAL FUND
APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE
AGENDA REPORT.
PROBATION 3.25 * Ray Bowen - Amendment - approval is requested for an
amendment to the lease agreement with Ray Bowen for the
property located at 585 Manzanita Avenue, Suite 2A,
Chico. The amendment extends the term of the lease
through June 30, 2005, and increases the maximum amount
payable to $23,597.94 (department budget). All other
terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. X13585)
3.26 * Ray Bowen - Amendment - approval is requested for an
amendment to the lease agreement with Ray Bowen for the
property located at 585 Manzanita Avenue, Suite 2B,
Chico. The amendment extends the term of the lease
through June 30, 2005, and increases the maximum amount
payable to $94,570.10 (department budget). All other
terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. X11417)
PAGE 6 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 9, 2004
PUBLIC
HEALTH 3.27 * Butte County Office of Education - approval is
requested for a sole source agreement with the Butte
County Office of Education for provision of tobacco
education, intervention and cessation services to Butte
County students. The term of the agreement is
July 1, 2004, through June 30, 2005, with a maximum
amount payable of $61,000 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
PUBLIC
woRxs 3.28 * Golder Associates - approval is requested for a sole
source agreement with Golder Associates for the
provision of a Module 4, Phase B, base liner design and
excavation plan for the Neal Road Sanitary Landfill.
The term of the agreement is from the date of execution
to completion of the project, with a maximum amount
payable of $47,526 (Neal Road Septage Enterprise
Fund) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.29 * Governor's California Performance Review - approval is
requested for letter of opposition to California
Performance Review proposal Infrastructure (INF) 13,
entitled, "Relinquishment of 6,500 Miles of State
Routes to Cities and Counties". The proposal will have
a detrimental impact to the County if it is imposed as
proposed - action requested - ACCEPT THE RECOMMENDATION
OF THE CALIFORNIA STATE ASSOCIATION OF COUNTIES TO
OPPOSE CALIFORNIA PERFORMANCE REVIEW PROPOSAL INF 13
UNLESS THE STATE ROUTE RELINQUISHMENT IS MUTUALLY
AGREED TO BY THE LOCAL AGENCY; AND APPROVE A LETTER OF
POSITION TO THE CALIFORNIA STATE ASSOCIATION OF
COUNTIES EXPRESSING THE COUNTY'S OPPOSITION AND
AUTHORIZE THE CHAIR TO SIGN.
3.30 * Bridge Replacement Project over Butte Creek on Aguas
Frias Road, Project No. 23201-95-1 - Acquisition of
Real Property for Public Road Purposes - approval is
requested for: 1) an amendment to the agreement with
Brent Owen for acquisition of rights-of-way and
easements in support of the project. The amendment
provides for the inclusion of a 0.57 acre of land that
was omitted from the original agreement, and increases
the amount of the agreement by $1,995 for the omitted
land; and 2) an agreement with Mary Compton Goni, C.
William Johnson and Borel Bank & Trust Company, for the
acquisition of real property in support of the project.
The amount of the agreement is $7,550 - action
requested - APPROVE AMENDMENT TO AGREEMENT AND
AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO SIGN SUBJECT TO
REVIEW BY THE AUDITOR-CONTROLLER; AND APPROVE AGREEMENT
AND AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO SIGN SUBJECT
TO REVIEW BY THE AUDITOR-CONTROLLER.
PAGE 7 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 9, 2004
3.31 * Resolution Authorizing Amendment to Joint Powers
Agreement (JPA) Establishing the Butte County
Association of Governments - approval is requested for
a resolution which will authorize an amendment to the
JPA between the County, Cities and Town, establishing
the Butte County Association of Governments (BCAG).
The amendment is part of transit consolidation efforts
and will provide BCAG with the powers, duties and
responsibilities necessary for operating the Butte
Regional Transit System - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.32 * The Ridge Subdivision, Phase I, Unit I - the Ridge
Subdivision (APNs 069-520-023, 039 and 040) is located
on the south side of Olive Highway, east of Apica
Avenue in the Oroville area. It is a conditionally
approved private street subdivision to be developed in
multiple phases. The Ridge Subdivision, Phase I,
Unit I, is located just south of Saddle Drive and is
comprised of 34 lots for single family residences. The
developer has complied with the Conditions of Approval
and has provided performance bonds to guarantee the
construction of the required Phase I, Unit I
improvements - action requested - APPROVE THE NEW
PRIVATE STREET NAMES OF HONEY ROCK COURT AND GOLD
SPRING COURT; ACCEPT THE FINAL MAP FOR THE RIDGE
SUBDIVISION, PHASE I, UNIT I; ACCEPT ON BEHALF OF THE
COUNTY OF BUTTE THE PUBLIC SERVICE EASEMENTS AS OFFERED
FOR DEDICATION IN THE OWNER'S STATEMENT; AND AUTHORIZE
THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT.
SHERIFF'S
OFFICE 3.33 * Resolution in Recognition of Anthony Burdine upon His
Retirement from the County of Butte - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.34 * Resolution in Recognition of David Panchesson upon His
Retirement from the County of Butte - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.35 * Budget Transfer for Medical Costs - approval is
requested for a transfer of $20,525 from the General
Fund Appropriation for Contingencies to provide the
allocation needed to pay medical costs incurred by
inmates which exceeded the medical care contract
limits - action requested - APPROVE A BUDGET TRANSFER
(4/5 vote required) ACCEPTING AND APPROPRIATING $20,525
FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES
AS DETAILED IN THE AGENDA REPORT.
PAGE 8 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -NOVEMBER 9, 2004
OTHER
DEPARTMENTS
AND AGENCIES 3.36 * Law Library Annual Report - pursuant to California
Business and Professions Code Section 6349, submitted
is the Butte County Public Law Library 2003-2004 Annual
Report - action requested - ACCEPT FOR INFORMATION.
3.37 * Butte County Fair - Annual Budget - pursuant to State
requirements, the Butte County Fair Board of Directors
is requesting the Board approve the Fair Association's
Operating Budget for 2005. Following Board approval
the budget will be submitted to the State of
California, Division of Fairs and Expositions, for
review and approval - action requested - APPROVE BUDGET
AND AUTHORIZE THE CHAIR TO SIGN.
3.38 * Resolution Proclaiming November 7-13, 2004, California
Retired Teachers week - the California Retired Teachers
Association is requesting the Board adopt a resolution
recognizing California Retired Teachers week - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.39 * Butte County Emergency Medical Care Committee - action
requested - APPOINT BOB WALLEN, FIRE SERVICE
REPRESENTATIVE, TO A TERM TO END JUNE 30, 2007.
4 . ~ ~ 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 Nuisance Abatement Program - Report to the Board -
update on the County's nuisance abatement program -
action requested - ACCEPT FOR INFORMATION.
(DEVELOPMENT SERVICES) (FROM 10-26-04 [4.04])
PAGE 9 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 9, 2004
4.04 * 20-Year Roads and Bridges Capital Improvement Program -
consideration of the 2004-2005 Public works 20-Year
Roads and Bridges Capital Improvement Program - action
requested - APPROVE 20-YEAR ROADS AND BRIDGES CAPITAL
IMPROVEMENT PROGRAM. (PUBLIC WORKS)
4.05 * State of California, Department of Transportation -
Cooperative Agreement - consideration of an agreement
for realignment of a portion of River Road at the State
Route 32 intersection - action requested - APPROVE
COOPERATIVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND DIRECT STAFF TO ENCOURAGE CALTRANS TO
CONSIDER ALTERNATIVES TO THE REALIGNMENT OF RIVER ROAD
THAT REDUCES THE IMPACT OF THE PROPOSED PROJECT ON THE
ORCHARD PROPERTY, BUT STILL MEETS THE PURPOSE AND NEED
FOR THE HIGHWAY SAFETY IMPROVEMENT PROJECT. (PUBLIC
WORKS [FROM 10-26-04/4.07])
4.06 Items Removed from the Consent Agenda for Board
Consideration and Action.
PAGE 10
NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -NOVEMBER 9, 2004
S.O ~ PUBLIC HEARINGS AND TIMED ITEMS
10:40 A.M. 5.01 * Public Hearing - Villa D'Oro Properties, LLC - General
Plan Amendment-Rezone - consideration of a General Plan
Amendment from Low Density Residential to Commercial
and a Rezone from A-R (Agricultural Residential) to C-2
(General Commercial). A Use Permit proposing an artist
live/work industrial arts center (UP 04-15) has been
submitted concurrently with this application, but it
will not be included in the matters under consideration
at this hearing. This a project on which notice of
intent to adopt a negative declaration with mitigation
measures regarding environmental impacts has been
given. The project is located on the northeast corner
of 12t'' Street and Feather Avenue (previously the Villa
D'Oro Olive Oil Refinery buildings) in the Oroville
area, and identified as APN 031-275-005 (DB) - action
requested - THE PLANNING COMMISSION RECOMMENDS THE
BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE
STAFF REPORT DATED NOVEMBER 9, 2004, ADOPT A
MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS;
2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE
TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND
APPROVE A DE MINIMUS EXEMPTION TO THE COLLECTION
OF FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4 AND 14 CCR 753.5, AS THE PROJECT SITE IS
NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS A
CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES
IN LOCAL OR REGIONAL PLANS, POLICIES, OR
REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF
FISH AND GAME, OR BY THE UNITED STATES FISH AND
WILDLIFE SERVICE. THE PROJECT WILL NOT: HAVE A
SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN
HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON
FEDERALLY PROTECTED WETLANDS AS DEFINED BY
SECTION 404 OF THE CLEAN WATER ACT; INTERFERE
SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE
RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES;
CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES
PROTECTING BIOLOGICAL RESOURCES, OR CONFLICT WITH
THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION
PLAN;
(CONTINUED ON PAGE 12)
PAGE 11 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 9, 2004
5.01 3. FIND THAT THE PROPOSED GENERAL PLAN AMENDMENT IS
(Cont.) IN THE PUBLIC INTEREST IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTION 65358; AND
4. SUBJECT TO FINDINGS IV (A-G) AS DETAILED IN THE
STAFF REPORT DATED NOVEMBER 9, 2004, AND THE
CONDITIONAL ZONING AGREEMENT, IDENTIFIED AS
EXHIBIT "A" OF THE ZONING ORDINANCE INCLUDED IN
THE STAFF REPORT DATED NOVEMBER 9, 2004, APPROVE
THE GENERAL PLAN AMENDMENT AND REZONE (03-03) FOR
STEVE SEIDENGLANZ, VILLA D'ORO PROPERTIES, LLC,
AND ADOPT AN ORDINANCE REZONING THE PROPERTY
(IDENTIFIED AS A 2.10 (+/-) ACRE PARCEL, APN 031-
275-005) FROM A-R (AGRICULTURAL RESIDENTIAL) TO
C-2 (GENERAL COMMERCIAL), AND AUTHORIZE THE CHAIR
TO SIGN; AND ADOPT A RESOLUTION AMENDING THE
GENERAL PLAN LAND USE ELEMENT OF THE PROPERTY
FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL, AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 10-12-04
[3.18] )
11:00 A.M. 5.02 * Public Hearing - Automated Point-of-Sale Stations
Ordinance - consideration of an ordinance which will
add Chapter 48 to the Butte County Code relating to the
registration and inspection of automated point-of-sale
stations (scanners), and establishing fees associated
with the program - action requested - ADOPT ORDINANCE
AND AUTHORIZE THE CHAIR TO SIGN.
6 . ~ ~ 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 12
NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -NOVEMBER 9, 2004
7 . ~ ~ CLOSED SESSION
7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a):
1. WHEAT V. COUNTY OF BUTTE
(BUTTE COUNTY SUPERIOR COURT CASE NO. 128644)
2. ROWE V. COUNTY OF BUTTE
(BUTTE COUNTY SUPERIOR COURT CASE NO. 128705)
3. NATIONAL ALLIANCE FOR THE MENTALLY ILL V. COUNTY
OF BUTTE (USDC EASTERN DISTRICT CIV-S-03-1087).
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(b)(1) ONE POTENTIAL CASE.
7.03 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6:
AGENCY REPRESENTATIVES: JEANNE GRAVETTE AND WILLIAM
AVERY.
EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY MANAGEMENT
EMPLOYEES ASSOCIATION (MANAGEMENT AND SUPERVISORY
UNIT); DEPUTY SHERIFF'S ASSOCIATION (GENERAL UNIT AND
MANAGEMENT AND SUPERVISORY UNIT); BUTTE COUNTY
CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL UNIT AND
MANAGEMENT AND SUPERVISORY UNIT); PROFESSIONAL
EMPLOYEES UNIT; SOCIAL SERVICES WORKERS UNIT; AND
PROBATION PEACE OFFICERS' ASSOCIATION.
PAGE 13 NOVEMBER 9, 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