HomeMy WebLinkAboutM012704BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 27, 2004
Called to order at 9:10 a.m., in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Dolan, Houx, Josiassen, Yamaguchi and Chair
Beeler. 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.
CORRECTIONS AND~OR CHANGES TO THE AGENDA. (4 7)
CONSENT AGENDA
0402-001 1. Caminar, Inc. - approval is requested for an agreement with
Caminar, Inc., for the provision of vocational experience and
supported employment services. The term of the agreement is
July 1, 2003, through June 30, 2004, with a maximum amount
payable of $411,004 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
2. Housing Authority of the County of Butte - Amendment -
approval is requested for an amendment to the agreement with
the Housing Authority of the County of Butte for services in
support of the Adult System of Care program. The amendment
increases the maximum amount payable by $13,000 (grant
funds/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.
X14321)
3. Loumark Associates - Amendment - approval is requested for
an amendment to the lease agreement with Loumark Associates
for the property located at 564 Rio Lindo Avenue, Suites
100/106, Chico. The locations are utilized by the Adult
Services Division. The amendment adds language to the
agreement regarding indemnification, insurance, rules and
regulations, and confidentiality. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13694)
MINUTES
PAGE 1 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - .TANIIARY 27, 2004
0402-001 4. Loumark Associates - Amendment - approval is requested for
an amendment to the lease agreement with Loumark Associates
for the property located at 564 Rio Lindo Avenue, Suites
200/202/204, Chico. The locations are utilized by the Adult
Services Division. The amendment adds language to the
agreement regarding indemnification, insurance, rules and
regulations, and confidentiality. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13715)
5. Adoption of an Ordinance Approving the Amendment of Certain
Time Limitations with Respect to the Redevelopment Plan for
the Greater Chico Urban Area Redevelopment Project - approval
is requested for an ordinance which will amend the
Redevelopment Plan for the Greater Chico Urban Area
Redevelopment Project Area to implement a one-year extension.
The Chico Redevelopment Agency and Chico City Council adopted
ordinances which provide for the extension on
December 16, 2003, and have requested the County also approve
the extension - action requested - ADOPT ORDINANCE 3867 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 1-13-04 [3.29])
6. David Kennedy - Amendment - approval is requested for an
amendment to the agreement with David Kennedy for specialized
attorney services for the Children's Services Division. The
amendment increases the maximum amount payable by $3,300
(department budget). Board approval is also requested for
a transfer of department funds to provide the appropriation
needed for the amendment - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY THE AUDITOR-CONTROLLER; AND APPROVE BUDGET
TRANSFER B-187, MAKING APPROPRIATION ADJUSTMENTS AND
TRANSFERRING FUNDS AS DETAILED IN THE AGENDA REPORT.
7. Department of Development Services - Zoning Code Amendment
Report - pursuant to Butte County Code, submitted is the
Planning Commission Action Report on a proposed amendment to
Butte County Code Chapter 24, requiring a Use Permit for
large retail projects, and establishing mandatory design
standards for such projects. The amendment will apply in the
C-1 (Light Commercial), C-2 (General Commercial), and C-C
(Community Commercial) zones. The Planning Commission has
recommended approval of the proposed ordinance - action
requested - ACCEPT REPORT; AND DIRECT A PUBLIC HEARING BE SET
FOR TUESDAY, FEBRUARY 10, 2004, AT 1:00 P.M., TO CONSIDER
THIS MATTER.
MINUTES
PAGE 2 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
0402-001
MINUTES
PacE 3 JANUARY 27, 2004
MINUTES -JANUARY 27, 2004
8. John McLaughlin - Zoning Code Amendment Report - pursuant to
Butte County Code, submitted is the Planning Commission
Action Report on a proposed rezone of a 10 +/- acre parcel
in the Forest Ranch area from TM-5 (Timber Mountain - 5 acre
parcels) and PUD (Planned Unit Development) to TM-1 (Timber
Mountain - 1 acre parcels). Sewage disposal for future
dwellings on the site would be provided by individual, on-
site septic systems. Domestic water would be obtained from
individual wells. Each of the proposed parcels would front
on the Christina Drive cul-de-sac. Proposed is a Negative
Declaration with mitigation measures regarding environmental
impacts. The Planning Commission has recommended approval
of the rezone - action requested - ACCEPT REPORT; AND DIRECT
A PUBLIC HEARING BE SET FOR TUESDAY, FEBRUARY 24, 2004, AT
10:30 A.M., TO CONSIDER THIS MATTER.
9. Request to Retain Position - approval is requested to retain
an Administrative Analyst III position that was to be
deleted as part of the department's 2003-2004 Final Budget
actions. The department is requesting the Board retain the
position through fiscal year 2003-2004. The position will
support State compliance efforts and assist in development
of additional performance measures. Sufficient department
funds are available to support the position through the
current fiscal year - action requested - APPROVE RETENTION
OF ADMINISTRATIVE ANALYST III POSITION THROUGH JUNE 30, 2004.
10. Resolution in Appreciation of Bill Green, Volunteer
Firefighter, for 21 Years of Dedicated Service - action
requested - ADOPT RESOLUTION 04-007 AND AUTHORIZE THE CHAIR
TO SIGN.
11. Advanced Step Hires - approval is requested, on behalf of the
District Attorney's Office, for the advanced step hire of one
District Attorney Investigator II candidate to step 3 of the
salary range, and one District Attorney Investigator II
candidate to step 5 of the salary range. The requests are
based on candidate experience. Pursuant to Personnel Rule
11.5(b), the Director-Human Resources is recommending the
advanced step hires - action requested - APPROVE ADVANCED
STEP HIRE OF ONE DISTRICT ATTORNEY INVESTIGATOR II CANDIDATE
TO STEP 3 OF THE SALARY RANGE; AND APPROVE ADVANCED STEP HIRE
OF ONE DISTRICT ATTORNEY INVESTIGATOR II CANDIDATE TO STEP 5
OF THE SALARY RANGE.
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 27, 2004
0402-001 12. Resolution of Intention to Approve an Amendment to Contract
Between the Board of Administration California Public
Employees' Retirement System (PERS) and the Board of
Supervisors County of Butte - pursuant to the Probation Peace
Officers' Association 2002-2003 Memorandum of Understanding,
submitted is a resolution of intention to amend the County's
contract with PERS to provide the 20 at 50 Safety Retirement
formula to peace officers represented by the Probation Peace
Officers' Association and the peace officers represented by
the Butte County Management Employees' Association. An
actuarial was requested and provided by PERS - action
requested - ADOPT RESOLUTION 04-008 AND AUTHORIZE THE CHAIR
TO SIGN.
13. State of California, Department of the California Highway
Patrol - approval is requested by the Communications Division
for a revenue agreement with the State of California,
Department of the California Highway Patrol, for $30,000 to
be used by the County for upgrades and site improvements at
the Platte Mountain Radio Site - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET
TRANSFER B-186 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
14. First 5/Butte County Children and Families Commission Grant -
approval is requested for a grant application to the First
5/Butte County Children and Families Commission for funds to
support the Library-Literacy program. The maximum grant
award is $275,000 over a three-year period - action
requested - APPROVE SUBMISSION OF GRANT APPLICATION AND
AUTHORIZE THE DIRECTOR-LIBRARIES TO SIGN.
15. California Department of Education Grant - approval is
requested to apply to the California Department of Education
for funds from the 21St Century Community Learning Center
Grant. Grant funds will be used for the Library-Literacy
program. The maximum grant award is $75,000 - action
requested - APPROVE SUBMISSION OF GRANT APPLICATION AND
AUTHORIZE THE DIRECTOR-LIBRARIES TO SIGN.
16. Library Donations - pursuant to Government Code Section
25355, donations of $1,000 from the Paradise Friends of the
Library group, $500 from the Kosch-Westerman Foundation, and
$250 from the Cosmos Club of Chico, have been received for
the Butte County Trust Fund for the purchase of books -
action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
MINUTES
PacE 4 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - .TANIIARY 27, 2004
0402-001 17. Redwood Toxicology Laboratory, Inc. - approval is requested
for an agreement with Redwood Toxicology Laboratory, Inc.,
for the provision of substance testing services. The term
of the agreement is January 1, 2004, through June 30, 2004,
with an option to renew annually for a total of three years.
The maximum amount payable for fiscal year 2003-2004 will be
$45,000 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
18. Adoption of an Ordinance Establishing Speed Limits on
Specified Roads within the County of Butte - based on recent
engineering and traffic surveys conducted on East Gridley
Road and Larkin Road, the department is recommending the
Board adopt an ordinance which will establish the following
speed zones: 35 miles-per-hour on Larkin Road from 500 feet
south of Anderson way to East Gridley Road; Larkin Road from
East Gridley Road to 1,000 feet north of East Gridley Road;
Larkin Road from 1,000 feet South of Higgins Avenue to 800
feet north of Clardy Avenue; and Larkin Road from 0.35 miles
south of Ord Ranch Road to 400 feet north of the Sutter-Butte
Canal. 40 miles-per-hour on East Gridley Road from the
Gridley city limits to 500 feet east of Bond Lane. 45 miles-
per-hour on East Gridley Road from 500 feet east of Bond Lane
to 1,000 feet east of Kirk Road. 55 miles-per-hour on Larkin
Road from 500 feet south of Campbell Avenue to 1,000 feet
south of Higgins Avenue; Larkin Road from 800 feet north of
Clardy Avenue to 500 feet south of Anderson way; Larkin Road
from 1,000 feet north of East Gridley Road to 0.35 miles
south of Ord Ranch Road; Larkin Road from 400 feet north of
the Sutter-Butte Canal to East Rio Bonito Road/Dos Rios Road;
Larkin Road from East Rio Bonito Road/Dos Rios Road to the
Oroville city limits; and East Gridley Road from 1,000 feet
east of Kirk Road to State Route 70 - action requested -
ADOPT ORDINANCE 3868 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
1-13-04 [3.52])
19. TGV Solid waste, Inc. - Amendment - approval is requested for
an amendment to the agreement with TGV Solid waste, Inc . , for
the provision of landfill operations consulting services.
The amendment extends the term of the agreement through
June 30, 2004. 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. X14023)
MINUTES
PAGE 5 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 27, 2004
0402-001 20. Reconstruction of west East Avenue from State Route 32 to the
Chico City Limits; County Project Number 56171-96-1 -
Contract Change Order (CCO) No. 1 - CCO No. 1, in the
increasing amount of $6,555, provides for the installation
of four advance warning traffic loops. The installation of
the advance warning loops will result in an increase to the
overall contract amount and are to be paid for as extra work
(project budget) - action requested - APPROVE CCO NO. 1 AND
AUTHORIZE THE CHAIR TO SIGN.
21. Resolution Amending Resolution No. 03-175, Approving the
Application for Grant Funds for the Purchase and Enhancement
of Lookout Point - on December 16, 2003, the Board adopted
Resolution No. 03-175, approving submission of a grant
application for funds to purchase and improve Lookout Point.
The original resolution did not include the necessary
language to provide signature authority to the Director-
Public works. The proposed resolution will add the authority
of the Director-Public works to execute and submit documents
in support of the grant - action requested - ADOPT RESOLUTION
04-009 AND AUTHORIZE THE CHAIR TO SIGN.
22. wTP (waste Tire Products) - Amendment - approval is requested
for an amendment to the agreement with wTP (waste Tire
Products) for the collection, transportation, and recycling
of electronic waste products from the Neal Road Landfill.
The term extends the term of the agreement through
June 30, 2004. 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. X14344)
23. Budget Transfer - Sales Tax - approval is requested to
transfer $28,758 from the Sheriff's Helicopter Trust Fund to
provide the appropriation needed to pay sales tax on the
three OH-6A helicopters received through an equipment
exchange with the Department of Justice. The County is
liable for the sales tax based on the value of the traded
equipment - action requested - APPROVE BUDGET TRANSFER B-189
(4 /5 vote required) ACCEPTING AND APPROPRIATING TRUST FUND
REVENUE AS DETAILED IN THE AGENDA REPORT.
MINUTES
PacE 6 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - .TANIIARY 27, 2004
0402-001 24. State of California, Department of Parks and Recreation and
the Butte Meadows Hillsliders Snowmobile Club - Amendments -
approval is requested for amendments to agreements in support
of the Off-Highway Vehicle Grant program. The first
amendment is to the grant agreement with the State of
California, Department of Parks and Recreation. The second
amendment is to the services agreement with the Butte Meadows
Hillsliders Snowmobile Club. The amendments extend the terms
of both agreements through June 30, 2004. Additionally,
fiscal year 2002-2003 funds were not expended during that
fiscal year, and the proposed amendments also provide for the
expenditure of prior year grant funds during the extended
term. The fiscal year 2003-2004 grant award was budgeted at
$35,000, but was awarded at $25,000, and Board approval is
also requested for a budget transfer to reflect the reduced
award in the department's budget accounts - action
requested - APPROVE BUDGET TRANSFER B-188 (4 /5 vote required)
MAKING ADJUSTMENTS FOR THE REDUCED GRANT AWARD AS DETAILED
IN THE AGENDA REPORT; APPROVE AGREEMENT AMENDMENTS (2) AND
AUTHORIZE THE SHERIFF TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND AUTHORIZE THE
SHERIFF, OR HIS DESIGNEE, TO SIGN FUTURE GRANT AGREEMENTS,
AMENDMENTS, AND REQUIRED DOCUMENTATION, INCLUDING SERVICE
AGREEMENTS IN SUPPORT OF THE GRANT, SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
25. Monthly Investment Report - submitted is the Monthly
Investment Report dated December 31, 2003, in accordance with
the Statement of Investment Policy dated July 1, 2003 -
action requested - ACCEPT FOR INFORMATION.
26. Solar Project Interim Financing - approval is requested to
arrange gap financing for the solar energy project. The
project will be financed by a grant from Pacific Gas and
Electric, a loan from the California Energy Resources and
Conservation Commission, and a loan to cover the remaining
gap. Project energy savings are anticipated to more than
offset debt service on the two loans. The amount to be
borrowed is estimated at $1 million - action requested -
AUTHORIZE THE TREASURER TO ARRANGE GAP FINANCING FOR THE
SOLAR ENERGY PROJECT AND TO RETURN THE PROPOSED FINANCING TO
THE BOARD FOR FINAL APPROVAL.
27. California Department of water Resources - Local Groundwater
Assistance Grant - approval is requested to apply for a grant
from the California Department of water Resources for funds
to develop the Butte County Basin Management Objective
Information Center. The maximum grant award will be $250,000
per applicant - action requested - ADOPT RESOLUTION 04-010
APPROVING GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN;
AND DIRECT THE DIRECTOR-WATER AND RESOURCE CONSERVATION TO
SUBMIT GRANT APPLICATION.
MINUTES
PAGE 7 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES - .TANIIARY 27, 2004
0402-001 28. Resolutions in Support of Media Coverage - the Children's
Services Coordinating Council is requesting the Board adopt
resolutions acknowledging the contributions of local media
to the campaign to increase awareness of the Frank watters
Children's Trust Fund - action requested - ADOPT RESOLUTIONS
04-Oll, 04-012, 04-013, 04-014, 04-015 AND AUTHORIZE THE
CHAIR TO SIGN.
29. Local Child Care Planning Council - approval is requested by
the Butte County Office of Education, on behalf of the Local
Child Care Planning Council, to approve the updated council
membership list - action requested - APPOINT/REAPPOINT MEMBER
LISTING AS SUBMITTED; AND APPROVE CERTIFICATION STATEMENT
REGARDING COMPOSITION OF LOCAL CHILD CARE PLANNING COUNCIL
MEMBERSHIP AND AUTHORIZE THE CHAIR TO SIGN.
30. Paradise Memorial Hall Committee - action requested - APPOINT
WALT KOERNER, DELEGATE, AND BILL COENEN, ALTERNATE,
CALIFORNIA VETERANS SQUARE DANCE ASSOCIATION, TO TERMS TO END
JUNE 30, 2004.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
REGULAR AGENDA
0402-002 Boards, Commissions and Committees. (110)
1. Appointments to Listed Vacancies. (NONE)
2. Board Member or Committee Reports. (NONE)
0402-003 True Love waits Campaign - Report to the Board - update on the
True Love Waits Campaign - action requested - ACCEPT FOR
INFORMATION. (145)
UPDATE ON THE PROGRAM BY STUDENT REPRESENTATIVES FROM THE VARIOUS
SCHOOLS' TRUE LOVE WAITS PROGRAMS.
0402-004 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (307) PAUL MCINTOSH, CHIEF ADMINISTRATIVE
OFFICER, UPDATES THE BOARD ON EXPECTED BUDGET SCENARIOS FOR THE
NEXT FISCAL YEAR, AND PROPOSES COST SAVING MEASURES THE COUNTY CAN
TAKE IN THIS FISCAL YEAR TO INCREASE THE FUND BALANCE AVAILABLE
NEXT FISCAL YEAR.
1. Resolution Authorizing Extraordinary Steps by the Chief
Administrative Officer to Manage the County Budget - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PAGE 8 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 27, 2004
0402-004 MOTION: I MOVE TO ADOPT RESOLUTION 04-016 AND AUTHORIZE THE
CHAIR TO SIGN; AND DIRECT THAT THIS ITEM BE RETURNED
AND REVISITED WITHIN A MONTH TO DISCUSS THE EXEMPTION
OF PUBLIC SAFETY DEPARTMENTS.
M S
VOTE: 1 N 2 N 3 Y 4 N 5 N (Motion Failed to Carry)
MOTION: I MOVE TO ADOPT RESOLUTION 04-016 AS AMENDED TO EXEMPT PUBLIC
SAFETY DEPARTMENTS UNTIL THE CHIEF ADMINISTRATIVE OFFICER CAN
PROVIDE THE BOARD WITH ADDITIONAL INFORMATION ON THE STATUS OF THE
CURRENT BUDGETS OF PUBLIC SAFETY DEPARTMENTS, AND THE EFFECTS OF
REDUCTIONS ON THOSE DEPARTMENTS, AND AUTHORIZE THE CHAIR TO SIGN;
AND DIRECT THAT THIS ITEM BE REVISITED WITHIN THE NEXT TWO WEEKS
TO DISCUSS THE EXEMPTION OF PUBLIC SAFETY.
S M
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion Carried)
RECESS: 10:13 A.M.
RECONVENE : 1 0: 2 8 A. M.
PUBLIC HEARINGS AND TIMED ITEMS
0402-005 Timed Item - Lake Oroville Relicensing - Report to the Board -
update on the Federal Energy Regulatory Commission Lake Oroville
Relicensing Project and Protection, Mitigation and Enhancement
measures - action requested - ACCEPT FOR INFORMATION; AND BOARD
DISCUSSION AND DIRECTION AS NEEDED. (2310) (**00)
PRESENTATION TO THE BOARD BY BRUCE ALPERT, COUNTY COUNSEL, AND
JOHN EBELING AND FREDERICA SHOCKLEY, REGIONAL AND ECONOMIC
SCIENCES.
BOARD DIRECTION THAT THE COUNTY INFORM THE DEPARTMENT OF WATER
RESOURCES THAT ALL OF THE COUNTY'S PROTECTION, MITIGATION AND
ENHANCEMENT MEASURES ARE RANKED AS THE HIGHEST PRIORITY.
REGULAR AGENDA
0402-006 Resolution Conditionally Extending Non-Exclusive Cable Television
Franchises for the Unincorporated Areas of Chico/Durham, the
Unincorporated Areas of Paradise, and the Unincorporated Areas of
Oroville, Biggs and Gridley - consideration of a conditional
extension to April 7, 2007 - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN; AUTHORIZE THE CHAIR TO SIGN
AGREEMENTS REFERENCED IN THE RESOLUTION SUBJECT TO REVIEW BY THE
CHIEF ADMINISTRATIVE OFFICER AND COUNTY COUNSEL; AND AUTHORIZE THE
CHIEF ADMINISTRATIVE OFFICER TO APPROVE MINOR REVISIONS TO
AGREEMENTS, IF NECESSARY, PRIOR TO EXECUTION BY THE CHAIR.
(**482)
MINUTES
PacE 9 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 27, 2004
0402-006 SEAN FARRELL, DEPUTY ADMINISTRATIVE OFFICER, INFORMS THE BOARD
THAT NEGOTIATIONS WITH COMCAST HAVE NOT BEEN CONCLUDED, AND
RECOMMENDS THE BOARD POSTPONE ACTION ON THIS ITEM UNTIL STAFF CAN
PREPARE AN ALTERNATE RESOLUTION OR PROPOSAL FOR BOARD
CONSIDERATION ON FEBRUARY 10, 2004.
NO BOARD ACTION TAKEN.
PUBLIC HEARINGS AND TIMED ITEMS
0402-007 Public Hearing - Resolution in Opposition to the State Department
of Fish and Game's Proposed Bucks Mountain-Blue Canyon Junior
Either-Sex Deer Hunt in Area J-16 - pursuant to Sections 458 and
459 of the California Fish and Game Code, consideration of the
recommendation of the Butte County Fish and Game Commission to
adopt a resolution objecting to the State Department of Fish and
Game's Bucks Mountain-Blue Canyon Junior Either-Sex Deer Hunt in
Area J-16 - action requested - ACCEPT RECOMMENDATION OF THE BUTTE
COUNTY FISH AND GAME COMMISSION AND ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN. (**1435)
PUBLIC HEARING RECONVENED: 11:36 A.M.
PUBLIC HEARING CLOSED: 11:45 A.M.
MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE BUTTE COUNTY FISH AND
GAME COMMISSION AND ADOPT RESOLUTION 04-017 AND AUTHORIZE THE
CHAIR TO SIGN.
M S
VOTE: l Y 2 N 3 Y 4 Y 5 N (Motion Carried)
MINUTE ORDER NUMBERS 0402-008, 009, 010, AND Oll DISCUSSED AS ONE
ITEM.
0402-008 Continued Public Hearing - Certificate of Merger Appeal - Reed B.
Johnson - consideration of an appeal of a denial of a Certificate
of Merger for a project to reconfigure 2 parcels on property
located on the northwest corner of Larkin Road and Johnson Clan
Avenue in the Gridley area, and identified as APN 024-200-067 and
068 - action requested - STAFF IS RECOMMENDING THE BOARD FIND THAT
APPROVAL OF THE PROJECT WOULD NOT BE IN CONFORMANCE WITH THE
ZONING AND GENERAL PLAN CRITERIA AND DENY THE APPEAL. (FROM 12-
02-03 [5.01] )
PUBLIC HEARING RECONVENED AT 11:45 A.M., AND CONTINUED OPEN
WITHOUT ACTION TO MARCH 23, 2004, AT 10:45 A.M., TO ALLOW FOR
COMPLETION OF A LOT LINE AND MERGER ORDINANCE.
MINUTES
PAGE 10
JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 27, 2004
0402-009 Continued Public Hearing - Lot Line Adjustment Appeal - Charles
Pfister - consideration of an appeal of a denial of a Lot Line
Adjustment for a project to reconfigure 2 parcels to effect a 1991
Homesite Segregation Use Permit approval on property located on
the southeast corner of Peterson Avenue and Lewis Oak Road in the
Gridley area, and identified as APN 021-190-069 and 070 - action
requested - STAFF IS RECOMMENDING THE BOARD FIND THAT APPROVAL OF
THE PROJECT WOULD NOT BE IN CONFORMANCE WITH THE ZONING AND
GENERAL PLAN CRITERIA AND DENY THE APPEAL. (FROM 12-02-03
[5.02] )
PUBLIC HEARING RECONVENED AT 11:45 A.M., AND CONTINUED OPEN
WITHOUT ACTION TO MARCH 23, 2004, AT 10:45 A.M., TO ALLOW FOR
COMPLETION OF A LOT LINE AND MERGER ORDINANCE.
0402-010 Continued Public Hearing - Certificate of Merger Appeal - David
North - consideration of an appeal of a denial of a Certificate of
Merger for a project to merge 8+ underlying lots into 2 lots on
property located on the south side of Ludlum Avenue, approximately
200 feet west of Irwin Avenue in the Palermo area, and identified
as APN 026-221-002 - action requested - STAFF IS RECOMMENDING THE
BOARD FIND THAT APPROVAL OF THE PROJECT WOULD NOT BE IN
CONFORMANCE WITH THE ZONING AND GENERAL PLAN CRITERIA AND DENY THE
APPEAL. (FROM 12-02-03 [5.03])
PUBLIC HEARING RECONVENED AT 11:45 A.M., AND CONTINUED OPEN
WITHOUT ACTION TO MARCH 23, 2004, AT 10:45 A.M., TO ALLOW FOR
COMPLETION OF A LOT LINE AND MERGER ORDINANCE.
0402-011 Continued Public Hearing - Certificate of Merger Appeal - Brian
Cook - consideration of an appeal of a denial of a Certificate of
Merger for a project to modify the common property line between 2
parcels located on the northeast corner of Highway 99 and Drake
Avenue in the Biggs area, and identified as APN 025-120-038 and
046 - action requested - STAFF IS RECOMMENDING THE BOARD FIND THAT
APPROVAL OF THE PROJECT WOULD NOT BE IN CONFORMANCE WITH THE
ZONING AND GENERAL PLAN CRITERIA AND DENY THE APPEAL. (FROM 12-
02-03 [5.04] )
PUBLIC HEARING RECONVENED AT 11:45 A.M., AND CONTINUED OPEN
WITHOUT ACTION TO MARCH 23, 2004, AT 10:45 A.M., TO ALLOW FOR
COMPLETION OF A LOT LINE AND MERGER ORDINANCE.
MINUTES
PAGE 11
JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 27, 2004
0402-012 Continued Public Hearing - Certificate of Merger Appeal -
Lawrence E. Crabtree - consideration of an appeal of a denial of
a Certificate of Merger for a project to reconfigure 2 existing
lots located on the south side of Chico River Road, approximately
400 feet east of Crouch Avenue in the Chico area, and identified
as APN 039-120-031 and 032 - action requested - STAFF RECOMMENDS
THE BOARD:
1. DENY THE APPEAL, FINDING THAT APPROVAL OF THIS PROPOSAL WOULD
NOT BE IN CONFORMANCE WITH THE ZONING AND GENERAL PLAN
CRITERIA; OR
2. DIRECT THE APPLICANT TO SUBMIT A REVISED APPLICATION FOR
REVIEW, WHICH ENLARGES THE EASTERLY PARCEL TO INCORPORATE THE
ENTIRE SEWAGE DISPOSAL SYSTEM ON THE SAME PROPERTY AS THE
RESIDENCE BEING SERVED, IN CONFORMANCE WITH THE PROVISIONS
OF THE BUTTE COUNTY CODE AND SUBDIVISION MAP ACT. (FROM 12-
16-03 [5.06] ) (**1927)
PUBIC HEARING RECONVENED AT 11:47 A.M.
AT THE RECOMMENDATION OF THE COUNTY, THE APPLICANT SUBMITTED A
REVISED MAP FOR THIS PROJECT. STAFF RECOMMENDS THE BOARD VACATE
THIS APPEAL HEARING.
COUNTY COUNSEL RECOMMENDS THE HEARING BE CONTINUED TO
MARCH 23, 2004, AT 10:45 A.M., TO RETAIN THE APPLICANT'S APPEAL
RIGHTS ON THIS MAP UNTIL THE REVISED MAP IS APPROVED.
PUBLIC HEARING CONTINUED OPEN WITHOUT ACTION TO MARCH 23, 2004, AT
10:45 A.M.
REGULAR AGENDA
0402-013 Butte County Resource Conservation District - Report to the
Board - update on the District's activities and accomplishments -
action requested - ACCEPT FOR INFORMATION. (**2015) (***00)
PRESENTATION TO THE BOARD BY BARNEY FLYNN AND HUE DANG, BUTTE
COUNTY RESOURCE CONSERVATION DISTRICT.
RECESS'
RECONVENE'
MINUTES
12:26 P.M.
12:31 P.M.
PAGE 12
JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
REGULAR AGENDA
MINUTES -JANUARY 27, 2004
0402-014 HR 2389 Secure Rural Schools and Community Self-Determination Act
of 2000 (Federal Fire Safe Funding) Fiscal Year 2003-2004 Project
Authorization - consideration of projects recommended by the Butte
County Fire Safe Council - action requested - APPROVE HR 2389
PROJECTS FOR FISCAL YEAR 2003-2004 AS RECOMMENDED BY THE BUTTE
COUNTY FIRE SAFE COUNCIL; APPROVE BUDGET TRANSFER B-193 (4/5 vote
required) ACCEPTING, ALLOCATING AND TRANSFERRING FUNDS AS DETAILED
IN THE AGENDA REPORT; AND APPROVE THE MASTER AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (***184)
MOTION: I MOVE TO APPROVE HR 2389 PROJECTS FOR FISCAL YEAR 2003-2004 AS
RECOMMENDED BY THE BUTTE COUNTY FIRE SAFE COUNCIL; APPROVE BUDGET
TRANSFER B-193 (4/5 vote required) ACCEPTING, ALLOCATING AND
TRANSFERRING FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE
THE MASTER AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0402-015 Introduction of an Ordinance Amending the Butte County Code to Add
Chapter 33A, Entitled, "Groundwater Management" - consideration of
a Basin Management Objectives ordinance for the basin areas of the
county - action requested - WAIVE READING OF THE ORDINANCE.
(***440)
MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0402-016 Items Removed from the Consent Agenda for Board Consideration and
Action. (***698) (NONE)
PUBLIC HEARINGS AND TIMED ITEMS
0402-017 Public Hearing - Certificate of Correction - Jeff and Cindy
Caswell - consideration of an appeal of the determination of the
Planning Commission regarding a Certificate of Correction to
remove a note on a recorded Parcel Map which prohibits development
below a bluff line. The property is zoned "U" (Unclassified - 20
acre minimum parcels) and is located on the west side of Old Stage
Road, approximately 1.4 miles north of the intersection of
Williams Road and Old Stage Road, northwest of Butte College and
identified as APN 041-100-061 (SB [File # COR 03-04]) - action
requested - STAFF IS REQUESTING THE BOARD OPEN THE HEARING AND
CONTINUE THE ITEM OPEN TO FEBRUARY 10, 2004, AT 10:30 A.M.
PUBLIC HEARING OPENED AT 12:50 P.M., AND CONTINUED OPEN TO
FEBRUARY 10, 2004, AT 10:30 A.M.
MINUTES
PAGE 13 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 27, 2004
PUBLIC COMMENT
0402-018 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. (***952)
1. WILLIAM JOHNSON, WATERSHED COORDINATOR, BUTTE CREEK WATERSHED
CONSERVANCY, INVITES THE BOARD TO A PRELIMINARY OVERVIEW AND
PRESENTATION OF THEIR FLOODPLAIN MANAGEMENT PLAN ON
FEBRUARY 10, 2004, AT 5:30 P.M., AT THE BUTTE COUNTY SEARCH
AND RESCUE FACILITY IN CHICO.
CLOSED SESSION
0402-019 RECESS: THE BOARD RECESSED AT l: 12 P.M. , TO A CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6. AGENCY
REPRESENTATIVES: JEANNE GRAVETTE. 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. (***1060)
RECONVENE : THE BOARD RECONVENED AT 2 : 2 0 P . M . , FROM A CLOSED
SESSION CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6. AGENCY
REPRESENTATIVES: JEANNE GRAVETTE. 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. (***1057) (NO ANNOUNCEMENT)
MINUTES
PAGE 14 JANUARY 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 27, 2004
ADJOURrrtaENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 2:20 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD ON TUESDAY, FEBRUARY 10, 2004, AT 9:00 A.M.
R.J. BEELER, CHAIR
Attest:
Paul McIntosh, Chief Administrative
Officer and Clerk of the Board
By.
MINUTES
PAGE 15
JANUARY 27, 2004