HomeMy WebLinkAboutM011006BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 10, 2006
Called to order at 9:07 a.m. in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Connelly, Dolan, Houx, Josiassen, and Chair
Yamaguchi. Also present: Paul McIntosh, Chief Administrative
Officer; Bruce Alpert, County Counsel; and Marion Reeves,
Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence. MOMENT OF SILENCE HELD IN
MEMORY OF PAT DENNISON, WIFE OF PLUMAS COUNTY SUPERVISOR BILL
DENNISON.
Corrections and/or Changes to the Agenda. (57)
ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
0602-001 Funds for Search and Rescue Generator Installation - approval is
requested to accept and appropriate $3,933 in federal Homeland
Security grant funds from the Emergency Services' budget unit to
the Sheriff's Office budget unit to provide the appropriation
needed for the installation costs for an emergency generator at
the Search and Rescue building - action requested - APPROVE A
BUDGET TRANSFER APPROPRIATING FUNDS BETWEEN BUDGET UNITS AS
DETAILED IN THE AGENDA REPORT.
AT THE REQUEST OF THE SHERIFF'S OFFICE, THIS ITEM REMOVED FROM THE
AGENDA WITHOUT CONSIDERATION OR ACTION. THE INSTALLATION COSTS
WILL BE COVERED WITHOUT THE NEEDED BUDGET TRANSFER.
CONSENT AGENDA
0602-002 1. Local Agency Improvement Fees - submitted is the Combined
Report of Impact Fees or Local Agency Improvement Fees for
Fiscal Year 2004-2005. Pursuant to Government Code Section
66006, this item was introduced at the meeting of
December 13, 2005, and has been on file and available for
public inspection in the Chief Administrative Office. Final
action on the report is now required - action requested -
ACCEPT REPORT AND MAKE FINDINGS AS DETAILED IN THE AGENDA
REPORT FOR EACH OF THE ACCOUNTS WITH REGARD TO PURPOSE,
RELATIONSHIP, SOURCE AND AMOUNTS, AND TIMING AS SET FORTH IN
GOVERNMENT CODE SECTION 66001(d) (FROM 12-13-05 [3.01])
MINUTES
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JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 10, 2006
0602-002 2. Skyway House - Amendment - approval is requested for an
amendment to the agreement with the Skyway House for the
provision of long-term residential recovery services, day
care services and alcohol and drug free housing services . The
amendment decreases the maximum amount payable by $48,085.72,
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. X15065)
3. State of California, Department of Alcohol and Drug
Programs - approval is requested for a grant agreement with
the State of California, Department of Alcohol and Drug
Programs, for funds to continue the Drug Court Partnership
Project. The term of the grant is July 1, 2005, through
June 30, 2006, with a maximum amount payable to the County
of $132,867 - action requested - APPROVE GRANT AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. R40153)
4. Promoting Safe and Stable Families Revenue - approval is
requested to accept and appropriate $21,171 from the Butte
County Department of Employment and Social Services for the
provision of services to support Promoting Safe and Stable
Families grant programs - action requested - APPROVE BUDGET
TRANSFER B-197 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
5. Butte County Mosquito and Vector Control District -
Supervisor Connelly submits his nominee for District 1
Representative - action requested - REAPPOINT LYNN VANHART,
DISTRICT 1 REPRESENTATIVE, TO A TERM TO END
DECEMBER 31, 2007.
6. Resolution in Support of Joining the Province of Quezon,
Philippines, in a Twinning Sister-City Relationship -
consideration of a resolution in support of a sister-city
relationship with the Quezon Province, Philippines, in order
to enhance the development of economic and cultural exchanges
between the two parties - action requested - ADOPT RESOLUTION
06-003 AND AUTHORIZE THE CHAIR TO SIGN.
7. Approval of Minutes - action requested - APPROVE MINUTES OF
AUGUST 2, 2005; AUGUST 16, 2005; AUGUST 30, 2005;
SEPTEMBER 13, 2005; SEPTEMBER 14, 2005; AND
SEPTEMBER 27, 2005.
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JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 10, 2006
0602-002 8. Initiation of Zoning Code Amendment - approval is requested
to initiate a zoning code amendment to Butte County Code
Section 24-82, entitled, "Flexible Lot Size Provisions", to
allow the application of flexible lot size provisions within
certain areas of the adopted Butte County Airport Land Use
Compatibility Plan. Once a proposed revision is drafted, it
will be presented to the Airport Land Use Commission for
review - action requested - PURSUANT TO THE REQUIREMENTS OF
BUTTE COUNTY CODE SECTION 24-25.20 ET SEQ, DIRECT STAFF TO
INITIATE A ZONING CODE AMENDMENT TO BUTTE COUNTY CODE SECTION
24-82.
9. Resolution Recognizing Employment and Eligibility Staff week
in Butte County - consideration of a resolution proclaiming
January 22, 2006, through January 29, 2006, as Employment and
Eligibility Staff Recognition week in Butte County - action
requested - ADOPT RESOLUTION 06-004 AND AUTHORIZE THE CHAIR
TO SIGN.
10. State of California, 9-1-1 Emergency Communications Office
Grant Revenue - approval is requested to accept and
appropriate $13,261 in grant funds received from the State
of California, 9-1-1 Communications Office, for fiscal year
2005-2006. The funds will be used to purchase fire
prevention education materials targeted at elementary school
children - action requested - APPROVE BUDGET TRANSFER B-196
(4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
11. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: DISTRICT ATTORNEY-CRIMINAL - adds 1 sunset
position of District Attorney Victim Counselor (position end
date 6-30-07), and 1 sunset position of Investigator II/I
(position end date 6-30-06) PROBATION - adds 1 sunset
position of Probation Officer III/II/I (position end date 12-
31-06). DEVELOPMENT SERVICES - adds 1 position of Planner,
Principal, and 1 position of Planner, Senior. COUNTY CLERK-
RECORDER - deletes 2 flexibly staffed positions of Deputy
County Clerk-Recorder II/I/Deputy County Clerk I. PUBLIC
HEALTH-GENERAL SERVICES - deletes 1 position of Public Health
Education Specialist, Senior/Public Health Education
Specialist/Public Health Education Specialist, Associate.
INFORMATION SYSTEMS - adds 2 positions of Accounting Systems
Analyst, 2 positions of Information Systems Analyst,
Principal/Information Systems Analyst, Senior/Information
Systems Analyst/Information Systems Analyst, Associate.
SALARY PLAN FOR ELECTED AND APPOINTED OFFICIALS, REFERENCE
A, APPOINTED DEPARTMENT HEADS - sets the annual salary for
the Director-water and Resource Conservation at $97,233,
effective January 2, 2006 - action requested - ADOPT
RESOLUTION 06-005 AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PacE 3 JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 10, 2006
0602-002 12. Internal Revenue Code Section 125 Flexible Spending Plan -
Amendment to Plan Document - approval is requested for an
amendment to the Internal Revenue Code (IRC) Section 125
Flexible Spending Plan document which will establish a grace
period in the plan to allow participating employees to use
amounts unused at the end of the plan year to pay for
expenses incurred during the grace period - action
requested - ADOPT RESOLUTION 06-006 APPROVING PLAN DOCUMENT
AND AUTHORIZE THE CHAIR TO SIGN RESOLUTION AND AMENDMENT.
13. James E. Brown - approval is requested for a lease agreement
with James E . Brown for the property located at 1311 Mangrove
Avenue, Suites D and E, Chico. The location is utilized by
the woman, Infants and Children Program. The term of the
agreement is January 1, 2006, through December 31, 2006, with
a maximum amount payable of $25,584 ($2,132 per month
[department budget]) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
14. Revenue Adjustments - approval is requested to increase the
revenue in the department's budget units by $117,331 as the
result of an increased allocation distribution for the County
Medical Services Program/Emergency Medical Services Program
for fiscal year 2004-2005, and to increase and appropriate
revenue in the department's Emergency Medical Services
revenue account by $62,669 as a result of increased
surcharge collections - action requested - APPROVE BUDGET
TRANSFER B-198 (4 /5 vote required) INCREASING REVENUE
ACCOUNTS AND APPROPRIATING REVENUE AS DETAILED IN THE AGENDA
REPORT.
15. Cabin Hollow Court Condominium Subdivision Final Map - Cabin
Hollow Court Condominium Subdivision is a one-parcel final
map for an industrial condominium development located at
13309 and 13311 Cabin Hollow Court, southeast of the Chico
Airport. The proposed project will divide the existing 5
structures into 14 condominium units that can be sold
separately. The subject property is identified as APN 016-
220-053 - action requested - APPROVE FINAL MAP.
16. Resolution Prohibiting Stopping, Standing or Parking, North
and South Sides of Humboldt Road from the Chico City Limits,
East of Dead Horse Slough Bridge, to El Monte Avenue -
proposed is a resolution which will prohibit vehicles from
stopping, standing or parking on the north and south sides
of Humboldt Road from the Chico City Limits, east of Dead
Horse Slough, to El Monte Avenue - action requested - ADOPT
RESOLUTION 06-007 AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PacE 4 JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - .TANIIARY 10, 2006
0602-002 17. Golder Associates - Amendment - approval is requested for an
amendment to the agreement with Golder Associates for the
provision of conceptual excavation plan drawings and
construction quality assurance services for modules at the
Neal Road Sanitary Landfill. The amendment revises the scope
of work to include a Module 4C Excavation Plan and Peer
Review of Public works staff design specifications for
Closure Phase II. The proposed revised scope of work will
not require a revision to the original contract amount due
to savings realized under the original agreement - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X15441)
18. Reconstruction of Garner Lane, from 150 Feet South of Short
Horn Drive to Keefer Road; County Project No. 61165A-04-1 -
Contract Change Order (CCO) No. 1 - CCO No. 1, in the net
decreasing amount of $1,225.04, provides for increases and
decreases in contract items to reflect actual quantities used
to complete the project, and for extra work involved in the
placement of subgrade enhancement fabric and asphalt concrete
plugs in areas of the base rock grade. The net changes
resulted in the overall decrease of $1,225.04 - action
requested - APPROVE CONTRACT CHANGE ORDER NO. 1 AND AUTHORIZE
THE CHAIR TO SIGN.
19. Reconstruction of Garner Lane, from 150 Feet South of Short
Horn Drive to Keefer Road; County Project No. 61165A-04-1 -
Notice of Completion - the project consisted of the
reconstruction of a portion of an existing two-lane roadway
by removing the existing roadway section, compacting the
subgrade, placing an aggregate base, and surfacing with
asphalt concrete. All contract work has been completed -
action requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR
TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE THE RECORDING
OF THE NOTICE OF COMPLETION.
20. Introduction of an Ordinance Regarding Unclaimed, Found
Property, Amending Sections 2-87, 2-88, 2-90 and 2-91 of
Article XII of Chapter 2 of the Butte County Code, to Comply
with California Civil Code Sections 2080 et seq, as well as
Penal Code Section 1411 - approval is requested for an
ordinance which will amend the Butte County Code regarding
unclaimed and found property to comply with the California
Civil Code and California Penal Code - action requested -
WAIVE READING OF THE ORDINANCE.
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BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 10, 2006
0602-002 21. Ratification of Purchase in Excess of $2,500 - approval is
requested to ratify the purchase, and authorize payment of
the invoice for the purchase of filters for the evidence
drying cabinet, and file and gun boxes for the safe storage
of firearms. The purchases inadvertently exceeded the $2,500
threshold for Field Purchase Orders, and Board ratification
is now required. The final invoice amount to be paid is
$3,098.15 (department budget) - action requested - RATIFY
PURCHASES AND AUTHORIZE THE AUDITOR-CONTROLLER TO PAY INVOICE
AMOUNT.
22. Monthly Investment Report - submitted is the Monthly
Investment Report dated November 30, 2005, in accordance with
the Statement of Investment Policy dated July 1, 2005 -
action requested - ACCEPT FOR INFORMATION.
23. Resolutions in Appreciation of Media Coverage - the
Children's Services Coordinating Council is requesting the
Board adopt resolutions in appreciation of the Chico News &
Review, the Chico Enterprise Record, KPAY Radio Station, KFZR
Radio Station, and KQPT Radio Station for their support and
contributions to the campaign to increase awareness of the
Frank watters Children's Trust Fund - action requested -
ADOPT RESOLUTIONS 06-008, 06-009, 06-010, 06-Oll, AND 06-012
AND AUTHORIZE THE CHAIR TO SIGN.
24. Butte County Children and Families Commission Annual Audit -
pursuant to Butte County Code Section 2-100.70(d), submitted
is the Butte County Children and Families Commission's Annual
Audit for Fiscal Year 2004-2005 - action requested - ACCEPT
FOR INFORMATION.
25. Local Child Care Planning Council - pursuant to California
Education Code Section 8499.3, the Butte County Office of
Education submits for approval the Local Child Care Planning
Council Certification Statement - action requested - ACCEPT
AND APPROVE THE CERTIFICATION STATEMENT REGARDING COMPOSITION
OF THE LOCAL CHILD CARE PLANNING COUNCIL AND AUTHORIZE THE
CHAIR TO SIGN.
26. Lake Madrone water District - submitted is the Board of
Director's recommendation for appointment to a Board
vacancy - action requested - APPOINT FRED MICHELS, DIRECTOR,
TO A VACATED TERM TO END DECEMBER 3, 2007.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.14 AMENDED TO
CORRECT A BUDGET TRANSFER AMOUNT FROM $6,699 TO $62,699, AND THE
REMOVAL OF ITEM 3.20. (67)
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
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JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 10, 2006
BOARD OF SUPERVISORS ORGANIZATION - 2 OO 6
0602-003 Election of Board Chair (95)
MOTION: I MOVE THE ELECTION OF SUPERVISOR JOSIASSEN FOR CHAIR 2006.
S M
VOTE: l Y 2 Y 3 Y 4 NV 5 Y (Motion Carried)
Election of Board Vice Chair
MOTION: I MOVE TO ELECT SUPERVISOR CONNELLY AS THE VICE CHAIR OF THE BOARD
FOR 2006.
M S
VOTE: 1 NV 2 Y 3 Y 4 Y 5 Y (Motion Carried)
Comments by Supervisors:
1. New Chair
CHAIR JOSIASSEN PROVIDED COMMENTS ON ISSUES AND CHALLENGES IN THE
COMING YEAR.
2. Board Members
SUPERVISOR YAMAGUCHI COMMENTED ON COMING CHALLENGES AND PROJECTS
IN 2006.
REGULAR AGENDA
0602-004 Boards, Commissions and Committees. (365)
1. Appointments to Listed Vacancies. (NONE)
2. Board Member or Committee Reports.
SUPERVISOR YAMAGUCHI INFORMED THE BOARD THAT THE SIERRA NEVADA
CONSERVANCY HAS NOT YET MET, AND STATED THAT A BRIEF REPORT ON
AB 8085 (ON-SITE WASTE TREATMENT FACILITIES) WAS PRESENTED AT THE
LAST REGIONAL COUNCIL OF RURAL COUNTIES MEETING.
3. City/County Subcommittees.
A. City of Biggs - consideration of the formation of, and
appointments to, a subcommittee of the Board to work
with staff on issues with the City of Biggs - action
requested - APPROVE FORMATION OF SUBCOMMITTEE; AND
APPOINT TWO BOARD MEMBER REPRESENTATIVES.
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JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 10, 2006
0602-004 3. B. City of Gridley - consideration of the formation of,
and appointments to, a subcommittee of the Board to
work with staff on issues with the City of Gridley -
action requested - APPROVE FORMATION OF SUBCOMMITTEE;
AND APPOINT TWO BOARD MEMBER REPRESENTATIVES.
MOTION: I MOVE TO APPOINT SUPERVISOR JOSIASSEN AND SUPERVISOR CONNELLY TO
BOTH THE CITY OF BIGGS AND CITY OF GRIDLEY COMMITTEES.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
4. Northern California water Association - consideration of the
election of 2 Directors and 2 Alternate Directors for the
term of January 1, 2006, through December 31, 2007 - action
requested - SELECT 2 DIRECTORS AND 2 ALTERNATE DIRECTORS AND
AUTHORIZE THE CHAIR TO SIGN VOTING MEMBERSHIP BALLOT.
ITEM CONTINUED TO THE AGENDA OF JANUARY 24, 2006, TO ALLOW
ADDITIONAL TIME TO ASCERTAIN THE PROPOSED INDIVIDUALS' INTEREST IN
CONTINUING TO SERVE.
0602-005 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (606) BRUCE ALPERT, COUNTY COUNSEL,
INTRODUCED TO THE BOARD ROGER WILSON, A NEWLY RE-HIRED ATTORNEY
RETURNING TO THE COUNTY COUNSEL'S OFFICE. PAUL MCINTOSH, CHIEF
ADMINISTRATIVE OFFICER, PRESENTED TO THE BOARD THE 2005 SILVER
MEDAL AWARD TO THE COUNTY FOR ITS STATE BOOTH ENTRY, AND INFORMED
THE BOARD THAT THE LEGISLATURE IS BACK IN SESSION AND LEGISLATIVE
INFORMATION WILL BE PROVIDED IN THE FOLLOWING PRESENTATIONS.
1. 2006 Legislative/Regulatory Platform - presentation of the
County 2006 Legislative/Regulatory Platform which describes
the County's legislative and regulatory priorities and goals
for the upcoming legislative session - action requested -
ADOPT PLATFORM. (668)
PRESENTATION TO THE BOARD BY PAUL YODER AND TOM RENFREY, STRATEGIC
LOCAL GOVERNMENT SERVICES.89
MOTION: I MOVE TO ADOPT THE PLATFORM AS PRESENTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. 2007 Federal Legislative Platform - presentation of a year
end review of the fiscal year 2006 federal legislative
platform, an outlook for fiscal year 2007, and a list of
proposed projects for fiscal year 2007 - action requested -
ADOPT THE 2007 BUTTE COUNTY FEDERAL LEGISLATIVE PLATFORM.
(1368)
PRESENTATION TO THE BOARD BY KRISTI MORE, THE FERGUSON GROUP.
MOTION: I MOVE TO ADOPT THE 2007 FEDERAL LEGISLATIVE PLATFORM, INCLUDING
A POLICY OR NON-APPROPRIATIONS ISSUES LEVEL.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MINUTES
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JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 10, 2006
RECESS: lO:OS A.M.
RECONVENE : 1 0:15 A . M .
0602-006 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. (2112)
1. RUDY JENKINS, BUTTE COUNTY EMPLOYEES ASSOCIATION (BCEA),
ADDRESSED THE BOARD TO REQUEST THE COUNTY NEGOTIATE WITH
BCEA.
2. GERRY GRANDSTAFF, ASSESSOR'S OFFICE, ADDRESSED THE BOARD TO
STATE THAT THE ADDITIONAL TWO-STEP IMPLEMENTATION PLAN
UNFAIRLY PENALIZES EMPLOYEES IN THE FIRST, SECOND AND THIRD
STEPS.
3. GEORGE NINE, RETIRED COUNTY EMPLOYEE, STATED THAT TO BE THE
BEST COUNTY THE COUNTY HAS TO HAVE THE BEST PAID EMPLOYEES,
THAT THE END LEVEL WORKERS WHO DO THE WORK HAVE BEEN
OVERLOOKED, AND THAT COST OF LIVING INCREASES SHOULD BE GIVEN
TO WORKERS.
4. PAULINE EVANS, BEHAVIORAL HEALTH DEPARTMENT, TO ASK THE
COUNTY TO BRING A PROPOSAL TO THE TABLE THAT IS FAIR AND
COMPENSATES WORKERS AT A LEVEL THEY DESERVE AND HAVE EARNED.
5. MELODY NELSON, ASSESSOR'S OFFICE, STATED THAT SHE DOES NOT
THINK IT IS FAIR THAT THE (EMPLOYEES') CHILDREN HAVE TO
SUFFER AND WOULD APPRECIATE THE PAY THAT IS DUE.
6. DAN WILSON, PUBLIC WORKS, STATED THAT THE COUNTY HAS NOT
NEGOTIATED FAIRLY WITH BCEA AND THAT THEY DON'T WANT A MERIT
SYSTEM IMPLEMENTATION AND THINK IT IS NOT FAIR.
7. CERITA PENMAN, ASSESSOR'S OFFICE, STATED HER CONCERN THAT THE
CLASS/COMP STUDY HAS BEEN LUMPED INTO THE CONTRACT
NEGOTIATIONS AND THAT THE COUNTY JUST NEEDS TO IMPLEMENT THE
STUDY AND DO THE NEGOTIATIONS FOR OTHER BENEFITS.
8. FRED THUMAN, CHILD SUPPORT SERVICES, THANKED THE BOARD FOR
TAKING THE SPEAKERS OUT OF ORDER AND STATED THAT THE UNION
MEMBERS DO NOT THINK THEY ARE BEING TREATED FAIRLY, THAT THE
STUDY WAS SUPPOSED TO BE FOR SALARY ONLY AND THAT IS NOT WHAT
IS GOING ON, AND THAT THE PROPOSED IMPLEMENTATION PLAN IS NOT
FAIR.
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PacE 9 JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 10, 2006
0602-006 9. MISTY MICHELET, CHILD SUPPORT SERVICES, THANKED THE BOARD FOR
LISTENING AND STATED THAT SHE IS SPEAKING FOR THE PEOPLE
AFFECTED BY THE HEALTH INSURANCE AND THOSE AT STEP ONE AND
TWO WHO ARE NOT GOING TO BENEFIT FROM THE PROPOSED PLAN, AND
THAT SHE DID NOT THINK IT WAS FAIR TO HURT THEM.
REGULAR AGENDA
0602-007 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (2560)
3. Letter of Concern Regarding Status of Video Franchising - the
California Cable and Telecommunications Association and
League of California Cities are urging local governments to
send letters of concern to their federal and state
legislative representatives regarding current efforts by
telephone companies to bypass established franchising
principals in offering local video services - action
requested - APPROVE LETTER OF CONCERN AND AUTHORIZE THE CHAIR
TO SIGN.
MOTION: I MOVE TO APPROVE THE LETTER OF CONCERN AND AUTHORIZE THE CHAIR TO
SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0602-008 Butte County Community Wildfire Protection Plan - consideration of
the Butte County Community Wildfire Protection Plan which will
serve as the County's master wildland fire planning document -
action requested - APPROVE THE BUTTE COUNTY COMMUNITY WILDFIRE
PROTECTION PLAN AS BUTTE COUNTY'S MASTER WILDLAND FIRE PLANNING
DOCUMENT, AND AUTHORIZE THE CHAIR OF THE BOARD TO SIGN THE
COMMUNITY WILDFIRE PROTECTION PLAN CERTIFICATION AND AGREEMENT.
(2815) (**00)
MOTION: I MOVE TO APPROVE THE BUTTE COUNTY COMMUNITY WILDFIRE PROTECTION
PLAN AS BUTTE COUNTY'S MASTER WILDLAND FIRE PLANNING DOCUMENT, AND
AUTHORIZE THE CHAIR OF THE BOARD TO SIGN THE COMMUNITY WILDFIRE
PROTECTION PLAN CERTIFICATION AND AGREEMENT.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
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PAGE to JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 10, 2006
PUBLIC HEARINGS AND TIMED ITEMS
0602-009 Continued Public Hearing - T-Mobile wireless, Inc. - Use Permit
Appeal - consideration of an appeal of the Planning Commission's
approval of a Use Permit to install a 114-foot telecommunications
facility with two carriers. Associated equipment is to be located
under the facility and to the east of the facility. The proposed
tower will look like a windmill. This is 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 east side of Clark Road (SH 191),
approximately 600 feet north of Butte Campus Drive, at 2822 Clark
Road, and identified as APN 041-430-012 - action requested:
1. STAFF RECOMMENDS THE BOARD DENY THE APPEAL AND UPHOLD THE
PLANNING COMMISSIONS' APPROVAL WITH THE FOLLOWING ACTIONS:
A. SUBJECT TO FINDINGS A(I[A-D]) AS DETAILED IN THE
REVISED STAFF REPORT DATED NOVEMBER 8, 2005, AND THE
CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF
THE REVISED STAFF REPORT DATED NOVEMBER 8, 2005, DENY
THE APPEAL AND UPHOLD THE PLANNING COMMISSION'S
APPROVAL;
B. SUBJECT TO FINDINGS A(II[A-E]) AS DETAILED IN THE
REVISED STAFF REPORT DATED NOVEMBER 8, 2005, ADOPT A
MITIGATED NEGATIVE DECLARATION; AND
C. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND 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;
OR
2. SHOULD THE BOARD CHOOSE, MOVE TO GRANT THE APPEAL AND DENY
THE PROJECT; OR
3. SHOULD THE BOARD CHOOSE TO APPROVE THE PROJECT AS PRESENTED,
THE BOARD SHOULD TAKE THE FOLLOWING ACTIONS:
A. SUBJECT TO FINDINGS C(I[A-D]) AS DETAILED IN THE
REVISED STAFF REPORT DATED NOVEMBER 8, 2005, AND THE
CONDITIONS OF APPROVAL AS DETAILED IN "EXHIBIT B" OF
THE REVISED STAFF REPORT DATED NOVEMBER 8, 2005,
APPROVE USE PERMIT UP 05-O1 FOR T-MOBILE WIRELESS,
INC., AS ORIGINALLY SUBMITTED AS A 114-FOOT TOWER WITH
DECORATIVE WINDMILL;
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 10, 2006
0602-009 3. B. SUBJECT TO FINDINGS C(II[A-E]) AS DETAILED IN THE
REVISED STAFF REPORT DATED NOVEMBER 8, 2005, ADOPT A
MITIGATED NEGATIVE DECLARATION; AND
C. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND 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.
(FROM 11-8-05 [5.01])
PUBLIC HEARING RECONVENED: 10:55 A.M.
PUBLIC HEARING CLOSED: 12:01 P.M.
MOTION: SUBJECT TO FINDINGS A(I [A-D] ) AS DETAILED IN THE REVISED STAFF
REPORT DATED NOVEMBER 8, 2005, AND THE CONDITIONS OF APPROVAL AS
DETAILED IN EXHIBIT "A" OF THE REVISED STAFF REPORT DATED
NOVEMBER 8, 2005, I MOVE TO DENY THE APPEAL AND UPHOLD THE
PLANNING COMMISSION'S APPROVAL; SUBJECT TO FINDINGS A(II[A-E]) AS
DETAILED IN THE REVISED STAFF REPORT DATED NOVEMBER 8, 2005, MOVE
TO ADOPT A MITIGATED NEGATIVE DECLARATION; AND FURTHER MOVE TO
FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT
CAUSE ENVIRONMENTAL DAMAGE TO FISH AND 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.
M S
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
MINUTES
PAGE 12 JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 10, 2006
CLOSED SESSION
0602-010 RECESS: THE BOARD RECESSED AT 12:14 P.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 24956.9(a) LAKE OROVILLE INTERVENTION
(FERC PROJECT 2100), AND DEORLE V. RUTHERFORD
(USDC CIV-S-97-0434 LKK/PAN); A CONFERENCE WITH
LEGAL COUNSEL REGARDING INITIATION OF LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(0):
ONE POTENTIAL CASE; A CONFERENCE WITH LABOR
NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54957.6: AGENCY REPRESENTATIVE: JEANNE
GRAVETTE. EMPLOYEE ORGANIZATIONS: BUTTE COUNTY
EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE
COUNTY MANAGEMENT EMPLOYEES ASSOCIATION
(MANAGEMENT AND SUPERVISORY UNIT); DEPUTY
SHERIFFS' 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; PUBLIC EMPLOYEE PERFORMANCE
EVALUATION, INCLUDING GOALS, PURSUANT TO
GOVERNMENT CODE SECTION 54957: DIRECTOR-PUBLIC
HEALTH; AND A PUBLIC EMPLOYEE EMPLOYMENT/
APPOINTMENT/RECRUITMENT PURSUANT TO GOVERNMENT
CODE SECTION 54957: DIRECTOR-WATER AND RESOURCE
CONSERVATION. (**3558) (***00)
MINUTES
PacE 13 JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 10, 2006
0 6 0 2 - 010 RECONVENE : THE BOARD RECONVENED AT 2 : 0 0 P . M . FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 24956.9(a) LAKE OROVILLE INTERVENTION
(FERC PROJECT 2100), AND DEORLE V. RUTHERFORD
(USDC CIV-S-97-0434 LKK/PAN); A CONFERENCE WITH
LEGAL COUNSEL REGARDING INITIATION OF LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c):
ONE POTENTIAL CASE; A CONFERENCE WITH LABOR
NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54957.6: AGENCY REPRESENTATIVE: JEANNE
GRAVETTE. EMPLOYEE ORGANIZATIONS: BUTTE COUNTY
EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE
COUNTY MANAGEMENT EMPLOYEES ASSOCIATION
(MANAGEMENT AND SUPERVISORY UNIT); DEPUTY
SHERIFFS' 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; PUBLIC EMPLOYEE PERFORMANCE
EVALUATION, INCLUDING GOALS, PURSUANT TO
GOVERNMENT CODE SECTION 54957: DIRECTOR-PUBLIC
HEALTH; AND A PUBLIC EMPLOYEE EMPLOYMENT/
APPOINTMENT/RECRUITMENT PURSUANT TO GOVERNMENT
CODE SECTION 54957: DIRECTOR-WATER AND RESOURCE
CONSERVATION. (***178) (NO ANNOUNCEMENT)
REGULAR AGENDA
0602-O11 A Matter on which a Public Hearing Has Been Held and a Motion of
Intent Adopted - Randy Moon Tentative Parcel Map Appeal - on
December 13, 2005, the Board approved a motion of intent regarding
a Tentative Parcel Map to divide a 2.0 acre parcel into two 1.0
acre parcels, on property located on the southeast corner of
Stanley Avenue and walnut Tree Lane, approximately 2,100 feet east
of Dayton Road, southwest of Chico, and identified as APN 039-370-
100. Submitted are actions required for final approval of the
project - action requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A AND B) AS DETAILED IN THE STAFF
REPORT DATED JANUARY 10, 2006, GRANT THE APPEAL OF THE
EXCEPTION AND ELIMINATE CONDITION NO. 8 BASED ON EXISTING
ROAD IMPROVEMENT RS-8 LD-III BEING DEEMED SUFFICIENT; AND
MINUTES
PAGE 14
JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 10, 2006
0602-O11 2. SUBJECT TO FINDING II (A) AS DETAILED IN THE STAFF REPORT
DATED JANUARY 10, 2006, DENY THE APPEAL TO REMOVE CONDITION
NO. 10 WHICH REQUIRED THAT PRIOR TO APPROVAL OF THE
IMPROVEMENT PLANS, A PLAN FOR A PERMANENT SOLUTION FOR
DRAINAGE BE SUBMITTED TO AND APPROVED BY THE DEPARTMENT OF
PUBLIC WORKS. (FROM 12-13-05 [5.04]) (***185)
MOTION: SUBJECT TO FINDINGS I(A AND B) AS DETAILED IN THE STAFF REPORT
DATED JANUARY 10, 2006, I MOVE TO GRANT THE APPEAL OF THE
EXCEPTION AND ELIMINATE CONDITION NO. 8 BASED ON EXISTING ROAD
IMPROVEMENT RS-8 LD-III BEING DEEMED SUFFICIENT; AND SUBJECT TO
FINDING II (A) AS DETAILED IN THE STAFF REPORT DATED
JANUARY 10, 2006, FURTHER MOVE TO DENY THE APPEAL TO REMOVE
CONDITION NO. 10 WHICH REQUIRED THAT PRIOR TO APPROVAL OF THE
IMPROVEMENT PLANS, A PLAN FOR A PERMANENT SOLUTION FOR DRAINAGE BE
SUBMITTED TO AND APPROVED BY THE DEPARTMENT OF PUBLIC WORKS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0602-012 Adoption of an Ordinance Amending Article XVIII, Section 2-151, of
the Butte County Code Entitled "Duties of Department" - in order
to facilitate the Development Services Department in carrying out
its role under the Master Cooperative Environmental Review
Agreement, it is proposed that the description of the duties of
the Director of Development Services, found in Butte County Code
Section 2-151, be clarified to explicitly allow the director to
make procedures for submittal of development applications - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 12-13-05 [4.06] ) (***235)
MOTION: I MOVE TO ADOPT ORDINANCE 3919 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0602-013 Kelly Ridge - Violations of One-Foot No Access Strip -
consideration of an exemption to the no access strip at 253 Kanaka
Avenue, allowing for the temporary driveway to remain the access
point to the lot - action requested - GRANT AN EXEMPTION TO THE NO
ACCESS STRIP AT 253 KANAKA AVENUE; AUTHORIZE THE DEPARTMENT OF
PUBLIC WORKS TO ISSUE AN ENCROACHMENT PERMIT FOR A DRIVEWAY ONTO
THE SAME LOT; AND DIRECT PUBLIC WORKS TO PROCEED, AS OUTLINED IN
THE AGENDA REPORT, TO ADDRESS THE UNAUTHORIZED ENCROACHMENTS IN
THE KELLY RIDGE AREA BY GRANTING PUBLIC WORKS LIMITED AUTHORITY TO
ALLOW EXEMPTIONS TO THE NO ACCESS STRIP AND GRANT ENCROACHMENT
PERMITS TO THE EXISTING SITES THAT ARE IN COMPLIANCE OR BROUGHT
INTO COMPLIANCE WITH EXISTING COUNTY STANDARDS. (PUBLIC WORKS
[FROM 11-8-05 (4.05)]) (***338)
MINUTES
PAGE 15 JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 10, 2006
0602-013 MOTION: I MOVE TO GRANT AN EXEMPTION TO THE NO ACCESS STRIP AT
253 KANAKA AVENUE; AUTHORIZE THE DEPARTMENT OF PUBLIC
WORKS TO ISSUE AN ENCROACHMENT PERMIT FOR A DRIVEWAY
ONTO THE SAME LOT; AND DIRECT PUBLIC WORKS TO PROCEED,
AS OUTLINED IN THE AGENDA REPORT, TO ADDRESS THE
UNAUTHORIZED ENCROACHMENTS IN THE KELLY RIDGE AREA BY
GRANTING PUBLIC WORKS LIMITED AUTHORITY TO ALLOW
EXEMPTIONS TO THE NO ACCESS STRIP AND GRANT
ENCROACHMENT PERMITS TO THE EXISTING SITES THAT ARE IN
COMPLIANCE OR BROUGHT INTO COMPLIANCE WITH EXISTING
COUNTY STANDARDS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0602-014 Introduction of an Ordinance of the County of Butte Requiring
Diversion of Construction and Demolition Debris, Amending the
Butte County Code by Adding Article VII to Chapter 31 and Amending
Section 1-7 of Chapter 1, and Section 41-5 of Chapter 41 -
consideration of an ordinance which would establish requirements
to divert construction and demolition debris from the Neal Road
Landfill through recycling or reuse - action requested - CONTINUE
MATTER TO ALLOW STAFF ADDITIONAL TIME TO CONSIDER USER GROUP INPUT
AND POSSIBLE AMENDMENTS TO THE ORDINANCE. (FROM 12-13-05 [4.07])
(***620)
BOARD DIRECTION TO CONTINUE THIS ITEM TO THE AGENDA OF
JANUARY 24, 2006, TO ALLOW STAFF ADDITIONAL TIME TO MAKE MINOR
REVISIONS TO THE ORDINANCE AND CREATE RECOMMENDATIONS.
0602-015 Participation in Development of Request For Proposal for Solid
waste Collection and Recycling Services in the Upper Ridge Area
and Cost Share Agreement - approval is requested for staff to work
with the Town of Paradise and consultants to develop a Request For
Proposal for the competitive selection of a contractor(s) to
provide solid waste services to a Town of Paradise franchised
area, to include unincorporated areas of the Upper Ridge, and
consideration of a Cost Sharing Agreement with the Town for the
County's costs ($8,033) associated with services provided by the
Town's consultant - action requested - AUTHORIZE STAFF TO WORK
WITH THE TOWN OF PARADISE AND CONSULTANT TO DEVELOP A REQUEST FOR
PROPOSAL; AUTHORIZE THE COUNTY SOLID WASTE COMMITTEE TO PROVIDE
DIRECTION, REVIEW OF THE CONSULTANT'S WORK, AND MAKE
RECOMMENDATIONS TO THE BOARD RELATING TO THE COUNTY'S PORTION OF
THE REQUEST FOR PROPOSAL; AND AUTHORIZE THE DIRECTOR OF PUBLIC
WORKS TO ENTER INTO A COST SHARING AGREEMENT WITH THE TOWN OF
PARADISE. (***705)
MOTION: I MOVE TO AUTHORIZE STAFF TO WORK WITH THE TOWN OF PARADISE AND
CONSULTANT TO DEVELOP A REQUEST FOR PROPOSAL; AUTHORIZE THE COUNTY
SOLID WASTE COMMITTEE TO PROVIDE DIRECTION, REVIEW OF THE
CONSULTANT'S WORK, AND MAKE RECOMMENDATIONS TO THE BOARD RELATING
TO THE COUNTY'S PORTION OF THE REQUEST FOR PROPOSAL; AND AUTHORIZE
THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO A COST SHARING
AGREEMENT WITH THE TOWN OF PARADISE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MINUTES
PAGE 16 JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 10, 2006
0602-016 Items Removed from the Consent Agenda for Board Consideration and
Action. (***1239) (NONE)
PUBLIC COMMENT
0602-017 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. (***1243) (NONE)
ADJOURNMENT THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 2:31 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, JANUARY 24, 2006, AT 9:00 A.M.
CURT JOSIASSEN, CHAIR
ATTEST:
Paul McIntosh, Chief Administrative
Officer and Clerk of the Board
By:
MINUTES PAGE 17 JANUARY 10, 2006