HomeMy WebLinkAboutM012511BUTTE COUNTY BOARD OF SUPERVISORS
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January 25, 2011
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County Supervisors
Bill Connelly, District 1
Larry Wahl, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Kim Yamaguchi, District 5
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
Bruce Alpert, County Counsel
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 25, 2011
Called to order at 9:00 a.m. in the Board of Supervisors Room, County Administration Building, 25
County Center Drive, Oroville. Supervisors present: Connelly, Wahl, Kirk, Yamaguchi, and Chair
Lambert. Also present: Paul Hahn, Chief Administrative Officer; Bruce Alpert, County Counsel; and
Kathleen Moghannam, Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
1102-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA
1. Resolution Declaring an All-Way Stop Intersection at Monte Vista Avenue and Lower
Wyandotte Road in Oroville -Traffic data and field observations indicate this intersection has
become a safety concern. The Department of Public Works requests the Board declare the
intersection an all-way stop and instruct the department to install legal STOP signs and
markings at the appropriate entrances thereto -action requested -ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Public Works)
SUPERVISOR WAHL REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
2. Lincoln Boulevard Median Safety Improvement Protect, County Protect No. 18491-2008-1 -
Bids were received and opened publicly on January 6, 2011 for the construction of raised
concrete median safety improvements on a portion of Lincoln Boulevard in Oroville. The
County received five bids with Franklin Construction, Inc. of Chico submitting the lowest
responsive and responsible bid in the amount of $883,998 -action requested -AWARD
AGREEMENT TO FRANKLIN CONSTUCTION, INC. SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE
THE AGREEMENT ON BEHALF OF THE COUNTY. (Public Works)
SUPERVISOR WAHL REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
3. Lincoln Boulevard Median LandscapinE Improvement Protect, County Protect No. 18491-2009-1
- Bids were received and opened publicly on January 6, 2011 for the construction of median
landscaping on a portion of Lincoln Boulevard in Oroville. The County received three bids with
Franklin Construction, Inc. of Chico submitting the lowest responsive and responsible bid in the
amount of $36,100 -action requested -AWARD AGREEMENT TO FRANKLIN CONSTUCTION,
INC. SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT ON BEHALF OF
THE COUNTY. (Public Works)
SUPERVISOR WAHL REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
Board of Supervisors Minutes PAGE 1
January 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 25, 2011
4. BudEet Adjustment and Fixed Asset Purchase -request to upgrade the department's
Geographic Information System (GIS) server. The total cost of the upgrade is $10,716.75. Funds
are available in the Road Fund Appropriation for Contingency for this fixed asset purchase -
action requested -APPROVE FIXED ASSET PURCHASE OF TWO SOFTWARE LICENSES AND
APPROVE RELATED BUDGET ADJUSTMENT (4/5 vote required). (Public Works)
SUPERVISOR WAHL REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
CONSENT AGENDA
1102-002 1. BudEet Adjustment -request to accept and appropriate $61,051 received through the Mental
Health Services Act -Prevention and Early Intervention program for Fiscal Years 2008/2009,
2009/2010, and 2010/2011 -action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote
required). (Behavioral Health)
Sutter Health Sacramento Sierra ReEion dba Sutter Center for Psychiatry -agreement for
inpatient psychiatric hospitalization services for clients referred by Butte County Behavioral
Health. The term of the agreement shall begin on the date of execution through June 30, 2011.
Approximately eighteen clients will be served at a cost of $5,932 per client. Butte County's
realignment funding will be directly offset by the State Department of Mental Health for
hospital claims -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Victor Treatment Centers, Inc. -agreement with Victor Treatment Centers, Inc. for intensive
day treatment services and medication support services for emotionally disturbed children. The
term of the agreement is July 28, 2010 through June 30, 2011 with a maximum amount payable
of $28,532.40 (department budget utilizing State and Federal Medi-cal revenue) -action
requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health)
4. Valley Toxicology Services, Inc. -amendment to the agreement with Valley Toxicology for
forensic and drug toxicology testing, reporting, and court testimony. The amendment extends
the term of the agreement through June 30, 2011 and increases the maximum amount payable
by $41,268 (department budget) -action requested -APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (District Attorney)
Board of Supervisors Minutes PAGE 2
January 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 25, 2011
5. In-Home Supportive Services Advisory Committee -request for reappointment of the following
members: Dorothy Churchill, Dominic Console, Cheryl Leeth, and Sarah Okumbe. All terms to
end December 19, 2013 -action requested -MAKE APPOINTMENTS AS LISTED. (Employment
and Social Services)
6. Resolution to Amend the Salary Ordinance -The resolution will amend the salary ordinance as
follows:
BEHAVIORAL HEALTH -requests to increase a Psychiatrist position from 50% to a 75% position.
Any additional costs associated with this change will be absorbed through salary savings for FY
10/11 due to two current Psychiatrist vacancies in the department. In addition, the department
requests to delete one vacant position of Account Clerk, Senior/Account Clerk/Accounting
Specialist and one vacant position of Contracts Specialist, Senior/Contracts Specialist.
The department also requests to add four positions of Behavioral Health Counselor II/I and one
position of Administrative Analyst, Senior/Administrative Analyst/Administrative Analyst,
Associate. The department has received approval of its Mental Health Services Act (MHSA)
Innovative Programs plan which allows for the addition of these five positions. These changes
will increase the allocations in budget unit 541-011 from 285.25 to 288.50 and increase the total
allocations in the department from 308.75 to 312.25.
ADMINISTRATION -requests to add one position of Risk Management Analyst, Senior/Risk
Management Analyst. Once a departmental promotional recruitment is conducted, the vacated
position will then be deleted on a future Board of Supervisors agenda. This change will initially
increase the allocations in the department from 27 to 28 until the vacated position is deleted at
a future Board meeting -action requested -ADOPT RESOLUTION NO. 11-004 AND AUTHORIZE
THE CHAIR TO SIGN. (Human Resources)
7. Overdrive, Inc. -amendment to the agreement with Overdrive, Inc. in order to offer access to
digital books on the library website. The amendment increases the maximum amount payable
by $9,600 through February 2014 -action requested -APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Library)
8. Enloe Medical Center -amendment to the agreement with Enloe Medical Center for ambulance
service within the boundaries of County Service Area 37 -Gridley/Biggs Ambulance Service. The
amendment extends the term of the agreement through December 31, 2011- action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Health)
Board of Supervisors Minutes PAGE 3
January 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 25, 2011
9. Joint Exercise of Powers AEreement (J PA) for ReEional EmerEency Medical Services AEency -
The Emergency Medical Services Act authorizes a county to designate a local emergency
medical services agency to perform particular functions that are required by the Emergency
Medical Services Act. There are 10 member counties, now including Butte County, that
contract with Sierra-Sacramento Valley Emergency Medical Services Agency to perform this
function. Payment by each county is based on base payment of $10,000 plus an additional
payment of $0.42 per capita. The amount for Butte County for Fiscal Year 2010/2011 was
$103,142 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECTTO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Health)
10. Little Chico Creek Pedestrian and Bicycle Path -The City of Chico requests approval for extra-
territorial acquisition rights to purchase 0.151 acres of property located within Butte County's
jurisdiction to accommodate the construction of a pedestrian and bicycle path and pedestrian
bridge over Little Chico Creek between the Chapman Neighborhood, Community Park, and
Chapman Elementary School -action requested -APPROVE THE CITY OF CHICO'S REQUEST
FOR ACQUISTION OF PROPERTY AND DIRECT THE PUBLIC WORKS DIRECTOR TO NOTIFY THE
CITY OF THE COUNTY'S ACTION. (Public Works)
11. HDR EnEineerinE, Inc. -amendment to the agreement with HDR Engineering for the Neal Road
Recycling and Waste Facility Master Plan design which is still in progress. The amendment
revises the term to end upon project completion date -action requested -APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Works)
12. BudEet Adjustment -request to accept $5,784.96 in unanticipated revenue received through
the Shasta County Sheriff's Office, California Methamphetamine Enforcement Team grant. This
revenue is for aircraft expenses and personnel costs that have already been expended -action
requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required) AND INCREASE
APPROPRIATIONS. (Sheriff-Coroner)
13. Monthly Investment Report -submitted is the Monthly Investment Report dated November 30,
2010, in accordance with the Statement of Investment Policy dated July 1, 2010 -action
requested -ACCEPT FOR INFORMATION. (Treasurer/Tax Collector)
14. Butte County Water Advisory Committee -reappoint the following individuals to terms to end
January 11, 2015: Catherine Cottle -Angel Slough Sub-Inventory Unit; Chuck Kutz - At-large
Watershed-Butte Creek Watershed Conservancy; Gary Cole - At-large Watershed-Cherokee
Watershed Alliance; Rick Ponciano - Esquon Sub-Inventory Unit; J. Baxter Knight - Vina
Inventory Unit; and Ted Trimble -Western Canal Water District Sub-Inventory Unit -action
requested -MAKE APPOINTMENTS AS LISTED. (Water and Resource Conservation)
15. Local Child Care PlanninE Council (LPC) Membership -The Butte County Office of Education
submits the annual request for Board of Supervisors' certification of the composition of the LPC
- action requested -APPROVE MEMBERSHIP COMPOSTION OF THE LOCAL CHILD CARE
PLANNING COUNCIL. (Other departments and agencies)
Board of Supervisors Minutes PAGE 4
January 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 25, 2011
16. Oroville Cemetery District -action requested -REAPPOINT MARK WISTERMAN TO A TERM TO
END JANUARY 1, 2015. (Supervisor Connelly) (Other departments and agencies)
17. Northern Sacramento Valley InteErated ReEional Water ManaEement GoverninE Board -action
requested -APPOINT GREG JOHNSON AS AT-LARGE MEMBER OF PREDOMINATELY SURFACE
WATER DEPENDENT AREA. (TERM TO END DECEMBER 31, 2012) (Other departments and
agencies)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEMS 3.10, 3.11, 3.12, AND
3.14 WHICH WERE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR
AGENDA.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
REGULAR AGENDA
BOARDS, COMMISSIONS, AND COMMITTEES
1102-003 1. Appointments to Listed Vacancies (NONE)
2. Board of Supervisors Committee AssiEnments to the Remote Access Network (RAN) and the
Northern Rural TraininE Employment Consortium (NoRTEC) - On January 11, 2011, the Board of
Supervisors voted to disband the RAN Board has not met in many years. It has been determined
that the RAN Board needs to remain intact as counties are eligible to receive equipment and/or
funding for such equipment provided they have a local RAN Board. It is also requested that the
Board of Supervisors appoint a member to serve on the NoRTEC Governing Board -actions
requested - 1) RESCIND JANUARY 11, 2011 VOTE TO DISBAND THE RAN BOARD AND APPOINT A
BOARD MEMBER; AND 2) APPOINT A BOARD MEMBER TO SERVE ON THE NORTEC GOVERNING
BOARD.
MOTION: I MOVE TO RESCIND JANUARY 11, 2011 VOTE TO DISBAND THE RAN BOARD; APPOINT SUPERVISOR
LAMBERT TO THE RAN BOARD; AND I MOVE TO APPOINT SUPERVISOR LAMBERT TO THE NORTEC
GOVERNING BOARD. (9:48)
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Board of Supervisors Minutes PAGE 5
January 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 25, 2011
3. Board Member or Committee Reports
SUPERVISOR YAMAGUCHI REPORTED ON A MEETING OF THE REGIONAL COUNCIL OF RURAL
COUNTIES (RCRC).
SUPERVISOR KIRK REPORTED THAT SHE ATTENDED A MEMORIAL SERVICE IN CHICO FOR GENERAL
VANG PAO WHO WAS A LEADER IN THE HMONG COMMUNITY.
1102-004 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT.
1102-005 Update of General Plan 2030 Process by Director of Development Services
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT.
1102-006 Items Removed from the Consent Agenda for Board Consideration and Action.
1. Resolution DeclarinE an All-Way Stop Intersection at Monte Vista Avenue and Lower Wyandotte
Road in Oroville -Traffic data and field observations indicate this intersection has become a
safety concern. The Department of Public Works requests the Board declare the intersection an
all-way stop and instruct the department to install legal STOP signs and markings at the
appropriate entrances thereto -action requested -ADOPT RESOLUTION NO. 11-005 ND
AUTHORIZE THE CHAIR TO SIGN. (Public Works)
SUPERVISOR WAHL REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
MIKE CRUMP, PUBLIC WORKS DIRECTOR ANSWERED QUESTIONS.
MOTION: I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
2. Lincoln Boulevard Median Safety Improvement Protect, County Protect No. 18491-2008-1 -Bids
were received and opened publicly on January 6, 2011 for the construction of raised concrete
median safety improvements on a portion of Lincoln Boulevard in Oroville. The County received
five bids with Franklin Construction, Inc. of Chico submitting the lowest responsive and
responsible bid in the amount of $883,998 -action requested -AWARD AGREEMENT TO
FRANKLIN CONSTUCTION, INC. SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT
ON BEHALF OF THE COUNTY. (Public Works)
Board of Supervisors Minutes PAGE 6 January 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 25, 2011
SUPERVISOR WAHL REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
MIKE CRUMP, PUBLIC WORKS DIRECTOR ANSWERED QUESTIONS.
3. Lincoln Boulevard Median LandscapinE Improvement Protect, County Protect No. 18491-2009-1 -
Bids were received and opened publicly on January 6, 2011 for the construction of median
landscaping on a portion of Lincoln Boulevard in Oroville. The County received three bids with
Franklin Construction, Inc. of Chico submitting the lowest responsive and responsible bid in the
amount of $36,100 -action requested -AWARD AGREEMENT TO FRANKLIN CONSTUCTION, INC.
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND AUTHORIZE
THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT ON BEHALF OF THE COUNTY.
(Public Works)
SUPERVISOR WAHL REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
THE MOTION BELOW INCLUDED APPROVAL OF BOTH OF THE LINCOLN BOULEVARD IMPROVEMENT
PROJECTS AS SHOWN ABOVE. (ITEMS 3.11 AND 3.12)
MOTION: I MOVE TO AWARD AGREEMENTS (LINCOLN BOULEVARD MEDIAN SAFETY IMPROVEMENT PROJECT,
COUNTY PROJECT NO. 18491-2008-1 AND LINCOLN BOULEVARD MEDIAN LANDSCAPING
IMPROVEMENT PROJECT, COUNTY PROJECT NO. 18491-2009-1) TO FRANKLIN CONSTUCTION, INC.
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENTS ON BEHALF OF THE COUNTY.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
4. Budget Adjustment and Fixed Asset Purchase -request to upgrade the department's Geographic
Information System (GIS) server. The total cost of the upgrade is $10,716.75. Funds are available
in the Road Fund Appropriation for Contingency for this fixed asset purchase -action requested
- APPROVE FIXED ASSET PURCHASE OF TWO SOFTWARE LICENSES AND APPROVE RELATED
BUDGET ADJUSTMENT (4/5 vote required). (Public Works)
SUPERVISOR WAHL REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
MIKE CRUMP, PUBLIC WORKS DIRECTOR ANSWERED QUESTIONS.
MOTION: I MOVE TO APPROVE FIXED ASSET PURCHASE OF TWO SOFTWARE LICENSES AND APPROVE RELATED
BUDGET ADJUSTMENT (4/5 vote required).
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Board of Supervisors Minutes PAGE 7 January 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 25, 2011
PUBLIC COMMENT (None)
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.
RECESS 9:27 A.M.
RECONVENE: 9:45 A.M.
PUBLIC HEARINGS AND TIMED ITEMS
1102-007 Timed Item -Consideration of the Draft Butte County Regional Economic Development Strate~y and
Plan for Implementation -Butte County General Plan 2030 included an Economic Development
Element which details the goals, objectives, and action items associated with economic development
planning over the next twenty years. Staff has created a draft Butte County Regional Economic
Development Strategy which provides a program based around three key initiatives: 1) ensure Butte
County is a competitive location for new investment; 2) grow existing key industry sectors; and 3)
coordinate business development services on a regional basis. Staff will outline a plan for
implementing this strategy -action requested -APPROVE THE BUTTE COUNTY REGIONAL
ECONOMIC DEVELOPMENT STRATEGY; AND APPROVE THE CREATION OF AN ECONOMIC
DEVELOPMENT AND COMMUNITY DEVELOPMENT UNIT WITHIN ADMINISTRATION. (Administration)
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER AND JENNIFER MACARTHY, MANAGER OF PROGRAM
DEVELOPMENT PROVIDED REPORTS TO THE BOARD. (29:42)
AUDREY TAYLOR, FROM CHABIN CONCEPTS PROVIDED A REPORT.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: (1:03:19); ROBIN HUFFMAN; WELDON
CARSON; JOE MATZ; DEBRA LUCERO; AND JOHN VORISEK.
MOTION: I MOVE TO APPROVE THE BUTTE COUNTY REGIONAL ECONOMIC DEVELOPMENT STRATEGY; AND
APPROVE THE CREATION OF AN ECONOMIC DEVELOPMENT AND COMMUNITY DEVELOPMENT UNIT
WITHIN ADMINISTRATION SUBJECT TO MORE INFORMATION AND FUTURE APPROVAL OF THE
BOARD.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Board of Supervisors Minutes PAGE 8 January 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 25, 2011
1102-008 Timed Item -Matter On Which a Public HearinE Has Been Held and Motion of Intent Adopted -
Appeal of the PlanninE Commission's Approval of Use Permit (UP) 09-0005 (Webber-Smith) -The
Board of Supervisors conducted and closed a public hearing regarding UP09-0005 at its November
23, 2010 meeting. The appeal is based on concerns regarding six specific issues raised by the
appellants with regard to the operation of the existing feed store business on APN 027-100-028,
located on the south side of She-Yo Lane, approximately 750 feet east of Reservoir Road in Palermo.
The Board made a motion of intent to deny the appeal based upon modified findings and additional
conditions of approval to limit the expansion of the current operation -actions requested -
1) ADOPT MITIGATED NEGATIVE DECLARATION WITH FINDINGS;
2) FIND THATTHE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4 IS
REQUIRED PRIOR TO FILING A NOTICE OF DETERMINATION FOR THE PROJECT UNLESS THE
PROJECT PROPONENT PROVIDES VERIFICATION FROM FISH AND GAME THAT THE PROJECT IS
EXEMPT FROM THE FEE REQUIREMENT;
3) MAKE USE PERMIT FINDINGS DETAILED IN THE ATTACHMENT TO THE RESOLUTION; AND
4) ADOPT RESOLUTION NO. 11-003 DENYING THE APPEAL AND APPROVING USE PERMIT 09-
0005 SUBJECT TO CONDITIONS AS SET FORTH AS AN ATTACHMENT TO THE RESOLUTION.
(Department of Development Services)
SUPERVISOR LAMBERT RECUSED HIMSELF FROM THIS HEARING.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES AND MARK MICHELENA, SENIOR PLANNER
WITH DEVELOPMENT SERVICES PROVIDED REPORTS.
SUPERVISOR WAHL REPORTED THAT HE HAS REVIEWED THE ENTIRE RECORD FROM THE PRIOR
BOARD MEETING.
PATRICIA WEBBER-SMITH AND NANCY RYAN ADDRESSED THE BOARD.
MOTION: I MOVE TO: 1) ADOPT MITIGATED NEGATIVE DECLARATION WITH FINDINGS; 2) FIND THAT THE
COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4 IS REQUIRED PRIOR TO
FILING A NOTICE OF DETERMINATION FOR THE PROJECT UNLESS THE PROJECT PROPONENT
PROVIDES VERIFICATION FROM FISH AND GAME THAT THE PROJECT IS EXEMPT FROM THE FEE
REQUIREMENT; 3) MAKE USE PERMIT FINDINGS DETAILED IN THE ATTACHMENT TO THE
RESOLUTION; AND 3) ADOPT RESOLUTION DENYING THE APPEAL AND APPROVING USE PERMIT 09-
0005 SUBJECT TO CONDITIONS AS SET FORTH AS AN ATTACHMENT TO THE RESOLUTION.
(RESOLUTION 11-003)
2 M
VOTE: 1 Y 2 Y 3 Y 4 NV 5 Y (MOTION CARRIED 4-0)
SUPERVISOR LAMBERT RECUSED HIMSELF FROM THIS HEARING. 'NV' LISTED ABOVE SHOWS
SUPERVISOR LAMBERT DID NOT VOTE.
Board of Supervisors Minutes PAGE 9
January 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 25, 2011
1102-009 Public HearinE -Paradise Summit - TSM08-0006 and PUD08-0001 (Wyckoff) -The project is an
application for a Planned Unit Development consisting of a phased Tentative Subdivision Map to
subdivide +/- 333 acres into 312 single-family residential parcels while preserving +/-195 acres as
open space for various uses. The Board has received public testimony, correspondence, and
additional information throughout the public hearing process that supports a fair argument that the
project may have a significant impact on the environment and therefore, would require the
preparation of an Environmental Impact Report (EIR) pursuant to Public Resources Code and CEQA
guidelines -actions requested -
1) DETERMINE THAT THERE IS SUBSTANSTIAL EVIDENCE THAT THE PROJECT MAY HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT AND THAT THE DRAFT MITIGATED NEGATIVE
DECLARATION CANNOT BE ADOPTED; AND
2) REQUIRE AN EIR BE PREPARED AND REMAND THE PROJECT TO THE BUTTE COUNTY
PLANNING COMMISSION. (Department of Development Services)
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT. (2:17:00) HE
INDICATED THAT A LETTER WAS SUBMITTED BY THE APPLICANT'S ATTORNEY THE EVENING PRIOR TO
THIS BOARD MEETING.
PUBLIC HEARING OPENED: 11:51 A.M.
PUBLIC HEARING CLOSED: 12:57 P.M.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: TED REECE, SUE SEROPIAN, LEROY
ELLINGHOUSE, STEVE CULLETON, CRAIG BAKER, SCOTT WYCOFF (2:50:59), NICK WEIGEL, KAMIE
LOESER (3:00:00), DARIN JUDD, RICHARD HARRIMAN, JOHN VORISEK, AND JAY OMAN.
SUPERVISOR WAHL REPORTED EX PARTE COMMUNICATION WITH THE APPLICANTS OF THE PROJECT.
MOTION: I MOVE TO DELAY THE DISCUSSION ON THE EIR AND ALLOW THE DEVELOPER AND COUNTY STAFF
THE OPPORTUNITY TO REVIEW THE FIVE ISSUES (TRAFFIC, FIRE EVACUATION, WASTEWATER ISSUES,
OPEN SPACE MANAGEMENT PLAN, AND GREENHOUSE GAS) IN QUESTION AND RETURN TO THE
BOARD WITH A REPORT IN TWO WEEKS.
2 M
VOTE: 1 N 2 Y 3 N 4 N 5 Y (MOTION FAILED TO CARRY 2-3)
MOTION: I MOVE TO: 1) FIND THAT THERE IS SUBSTANSTIAL EVIDENCE THAT THE PROJECT MAY HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT AND THAT THE DRAFT MITIGATED NEGATIVE
DECLARATION CANNOT BE ADOPTED; 2) REQUIRE AN EIR BE PREPARED AND REMAND THE PROJECT
TO THE BUTTE COUNTY PLANNING COMMISSION IN A TIMELY MANNER; AND 3) DIRECT STAFF TO
EXPLORE THE POSSIBILITY OF SOME FINANCIAL RELIEF FOR THE APPLICANT. (3:46:38)
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Board of Supervisors Minutes PAGE 10
January 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 25, 2011
1102-010 CLOSED SESSION
THE BOARD RECESSED AT 1:12 P.M. TO CLOSED SESSION REGARDING:
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES & BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA,
DSA -MANAGEMENT/SUPERVISORY UNIT,
DSA-GENERAL UNIT,
BCCOA -SUPERVISORY UNIT,
BCCOA -GENERAL UNIT.
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9 (a) - 3 CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. BEC V. COUNTY OF BUTTE; BUTTE COUNTY SUPERIOR COURT CASE NO. 152362; AND
3. CALIFORNIA SPORTFISHING PROTECTION ALLIANCE V. COUNTY OF BUTTE; USDC-EASTERN
DISTRICT CASE NO. 10-03203.
THE BOARD RECONVENED AT 2:45 P.M. FROM CLOSED SESSION REGARDING:
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES & BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA,
DSA -MANAGEMENT/SUPERVISORY UNIT,
DSA-GENERAL UNIT,
BCCOA -SUPERVISORY UNIT,
BCCOA -GENERAL UNIT.
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9 (a) - 3 CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. BEC V. COUNTY OF BUTTE; BUTTE COUNTY SUPERIOR COURT CASE NO. 152362; AND
3. CALIFORNIA SPORTFISHING PROTECTION ALLIANCE V. COUNTY OF BUTTE; USDC-EASTERN
DISTRICT CASE NO. 10-03203. (No Announcements)
Board of Supervisors Minutes PAGE 11
January 25, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 25, 2011
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS
BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT
APPROXIMATELY 2:45 P.M., TO RECONVENE AT A
REGULAR MEETING OF THE BOARD OF SUPERVISORS TO
BE HELD TUESDAY, FEBRUARY 8, 2011 AT 9:00 A.M.
STEVE LAMBERT, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
By:
Board of Supervisors Minutes PAGE 12
January 25, 2011