HomeMy WebLinkAboutM021004BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 10, 2004
Called to order at 9:05 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. (5 O)
CONSENT AGENDA
0403-001 1. State of California, Department of Pesticide Regulation -
approval is requested for a revenue agreement with the State
of California, Department of Pesticide Regulation, for $9,560
to fund the electronic transmission of quarterly pesticide
reports to the State - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40605)
2. Budget Transfer - approval is requested for a transfer of
funds within the Behavioral Health Department's budget, and
an adjustment to the Public Health Department's budget to
provide for the increased cost of Public Health Nurses
working in the Youth System of Care and Proposition 10
programs - action requested - APPROVE BUDGET TRANSFER B-206
(4/5 vote required) TRANSFERRING FUNDS AND MAKING BUDGET
ADJUSTMENTS AS DETAILED IN THE AGENDA REPORT.
3. State of California, Department of Alcohol and Drug
Programs - Amendment - approval is requested for an amendment
to the grant agreement with the State of California,
Department of Alcohol and Drug Programs, for the
Comprehensive Drug Court Implementation Program. The
amendment extends the period of time the department has to
expend Year Three funds to December 28, 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. R40325)
4. Unanticipated Reduction of Collection Enhancement Funding -
approval is requested to reduce the department's budget by
$20,901 as a result of a reduced allocation from the
California Department of Child Support Services for the
collection enhancement program - action requested - APPROVE
BUDGET TRANSFER B-209 (4 /5 vote required) REDUCING THE
DEPARTMENT'S BUDGET AS DETAILED IN THE AGENDA REPORT.
MINUTES
PacE 1 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 10, 2004
0403-001 5. Approval of Minutes - action requested - APPROVE MINUTES OF
SEPTEMBER 23, 2003, AND SEPTEMBER 30, 2003.
6. Appropriation for Statewide Special Election - approval is
requested for a budget transfer of $324,182 from the General
Fund Appropriation for Contingencies to backfill costs
expended to conduct the Statewide Special Election held
October 7, 2003. The special election costs were paid with
funds allocated for the March Primary Election. The transfer
is required to provide funds needed to conduct the March 2004
election. The State has been invoiced for the cost of the
Special Election - action requested - APPROVE BUDGET TRANSFER
B-207 (4 /5 vote required) ACCEPTING AND APPROPRIATING GENERAL
FUND APPROPRIATION FOR CONTINGENCIES FUNDS AS DETAILED IN THE
AGENDA REPORT.
7. Letter of Support - approval is requested for a letter of
support for Section 19 of the Local Government Omnibus Act
(SB 1165). County Counsel staff discovered an incorrect
reference in the California Government Code defining open-
space use under the Williamson Act. The error will be
corrected through Section 19 of Senate Bill 1165 - action
requested - APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR
TO SIGN.
8. Surplus Vehicles and Equipment - approval is requested to
declare surplus various vehicles and equipment no longer used
by County departments. The vehicles (26) and miscellaneous
fixed asset equipment items (24) have been transferred to
General Services from County departments for surplus and
disposal - action requested - DECLARE ITEMS SURPLUS TO THE
NEEDS OF THE COUNTY AND AUTHORIZE DISPOSAL BY THE PURCHASING
AGENT IN ACCORDANCE WITH COUNTY POLICY.
9. Introduction of a Ordinance Approving an Amendment to the
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 an ordinance which amends 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. On
January 27, 2004, the Board adopted a Resolution of Intention
to amend the contract - action requested - WAIVE READING OF
THE ORDINANCE.
MINUTES
PacE 2 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 10, 2004
0403-001 10. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the Salary Ordinance
as follows: EMPLOYMENT AND SOCIAL SERVICES-ADMINISTRATION -
adds one position of Supervisor-Accounting, one flexibly
staffed position of Auditor-Accountant II/I/Accounting
Specialist, and one flexibly staffed position of Accounting
Specialist/Senior Account Clerk/Account Clerk. The Chief
Administrative Office has reviewed and approved the request -
action requested - ADOPT RESOLUTION 04-018 AND AUTHORIZE THE
CHAIR TO SIGN.
11. State of California, Department of General Services -
approval is requested by the Communications Division for a
revenue agreement with the State of California, Department
of General Services, for funds to support the replacement of
the tower and vault at the Platte Mountain radio site. The
term of the agreement is November 1, 2003, through completion
of the project, with a maximum amount payable to the County
of $30,000 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-
208 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT.
(Contract No. R40610)
12. Donations for Operations - pursuant to Government Code
Section 25355, donations of $6,163 from the Gridley Friends
of the Library and $3,475 from the Paradise Friends of the
Library have been received for Extra Help staff hours.
Approval is requested for a budget transfer to accept and
appropriate the unanticipated revenue - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION; AND
APPROVE BUDGET TRANSFER B-210 (4/5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
13. Northern Valley Catholic Social Services - Amendment -
approval is requested for an amendment to the agreement with
Northern Valley Catholic Social Services for coordination
services for life skills training at the Juvenile Hall. The
amendment provides for the addition of services, and
increases the maximum amount payable by $10,000 (TANF Funds)
for the additional services. 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.
X13222)
MINUTES
PacE 3 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 10, 2004
0403-001 14. California Family Health Council, Inc. - approval is
requested for a grant agreement with the California Family
Health Council, Inc., for funds to support the Peer Provider
Program. The term of the agreement is January 1, 2004,
through December 31, 2004, with a maximum amount payable to
the County of $100,000. Board approval is also requested for
a budget transfer to accept and appropriate $18,750 of grant
funds into the current fiscal year budget - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND APPROVE BUDGET TRANSFER B-211 (4 /5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE
AS DETAILED IN THE AGENDA REPORT.
15. California Family Health Council, Inc. - approval is
requested for a revenue agreement with the California Family
Health Council, Inc., for funds to support family planning
services. The term of the agreement is January 1, 2004,
through December 31, 2004, with a maximum amount payable to
the County of $100, 163 - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
16. Curbside Greenwaste Incentive Program - approval is requested
for a resolution authorizing the use of $5,000 of Neal Road
Landfill enterprise funds to implement a pilot curbside
greenwaste incentive program. The program is designed to
increase participation in the greenwaste program. The area
selected for the pilot program is the County area bordered
by west Lindo Avenue, The Esplanade, west Eighth Avenue and
the railroad tracks - action requested - ADOPT RESOLUTION 04-
019 AND AUTHORIZE THE CHAIR TO SIGN.
17. Budget Transfer - approval is requested for a transfer of
$3,175 from the Civil Equipment Trust Fund to provide the
allocation necessary to purchase Taser Intermediate weapons
for the Civil Division - action requested - APPROVE BUDGET
TRANSFER B-212 (4 /5 vote required) TRANSFERRING FUNDS AS
DETAILED IN THE AGENDA REPORT.
18. Surplus Equipment - approval is requested to declare surplus
various fixed asset computer equipment items which have
become obsolete and are no longer utilized by the
department - action requested - DECLARE ITEMS DETAILED IN THE
AGENDA REPORT SURPLUS TO THE NEEDS OF THE COUNTY AND
AUTHORIZE DISPOSAL IN ACCORDANCE WITH COUNTY POLICY.
19. Relief of Accountability - approval is requested for relief
of accountability for fixed asset computer equipment items.
The computer equipment was mistakenly transferred to surplus
as non-fixed asset items. The District Attorney's Office and
the Auditor-Controller have reviewed the request - action
requested - GRANT RELIEF OF ACCOUNTABILITY.
MINUTES
PacE 4 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 10, 2004
0403-001 20. Mentally Ill Offender Crime Reduction Grant Program -
Forensic Resource Team (FOREST) Memorandum of Understanding -
Amendment and Budget Transfer - approval is requested for an
amendment to the Memorandum of Understanding for the FOREST
program. The amendment provides for the transfer of a FOREST
staff position from the Probation Department to the
Behavioral Health Department. Approval is also requested for
a transfer of funds within the program budget to support the
proposed staff change and other program changes - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-213.
21. Solar Energy Project Financing - approval is requested to
authorize the Treasurer to arrange financing (loans) from the
California Energy Commission for Phase I and II of the
project. A separate application for each phase will be
required. The loans are estimated at $3,167,770. Projected
energy savings are anticipated to more than offset debt
service on the loans - action requested - ADOPT RESOLUTION
04-020 AUTHORIZING THE TREASURER TO ARRANGE FOR FINANCING FOR
BOTH PROJECT PHASES FROM THE CALIFORNIA ENERGY COMMISSION AND
AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHIEF
ADMINISTRATIVE OFFICER TO SIGN THE LOAN DOCUMENTS.
22. Tax Exchange Agreement Between the Lake Oroville Area Public
Utility District and the County of Butte - approval is
requested by the Lake Oroville Area Public Utility District,
pursuant to Revenue and Taxation Code Section 99-99.2, for
a property tax exchange agreement between the District and
the County. The District will be submitting an annexation
application for property located at La Miranda Avenue and
Christopher J Court, Oroville. The District's Board of
Directors has certified, by Resolution No. 2-04, that the
change in organization will be revenue neutral to each
affected agency - action requested - APPROVE PROPERTY TAX
EXCHANGE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
23. Butte County Behavioral Health Board - action requested -
APPOINT GREG WILLIAMS, COMMUNITY MEMBER/PROFESSIONAL CATEGORY
REPRESENTATIVE, TO A TERM TO END DECEMBER 31, 2005, AND PENNY
WOLFE, CONSUMER MEMBER CATEGORY REPRESENTATIVE, TO A TERM TO
END DECEMBER 31, 2006. (67)
MOTION: I MOVE TO ADOPT THE CONSENT AGENDA AS PRESENTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
REGULAR AGENDA
0403-002 Boards, Commissions and Committees. (95)
1. Appointments to Listed Vacancies. (NONE)
MINUTES
PAGE 5
FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 10, 2004
0403-002 2. Board of Supervisors' Committee Assignments - consideration
of the various board, commission, and committee assignments
for Board of Supervisors members - action requested - ALTER
OR REAFFIRM CURRENT COMMITTEE ASSIGNMENTS LISTING; AND MAKE
NEEDED APPOINTMENTS.
MOTION: I MOVE TO APPOINT SUPERVISOR BEELER TO THE BEHAVIORAL HEALTH BOARD
TO A TERM TO END DECEMBER 31, 2006.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPOINT SUPERVISOR JOSIASSEN, REPRESENTATIVE, AND
SUPERVISOR YAMAGUCHI, ALTERNATE, TO THE NATIONAL ASSOCIATION OF
COUNTIES.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPOINT SUPERVISOR BEELER, REPRESENTATIVE, AND
SUPERVISOR YAMAGUCHI, ALTERNATE, TO THE REGIONAL COUNCIL OF RURAL
COUNTIES, TO A TERM TO END FEBRUARY 2005.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPOINT SUPERVISOR HOUX TO THE BUTTE COUNTY AUDIT
COMMITTEE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPOINT SUPERVISOR JOSIASSEN, ALTERNATE REPRESENTATIVE,
UPPER SACRAMENTO RIVER ADVISORY COUNCIL.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO CONFIRM ALL OTHER BOARD OF SUPERVISOR APPOINTMENTS AS
LISTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
3. Board Member or Committee Reports. (269)
SUPERVISOR BEELER PROVIDES A REPORT ON THE RECENT REGIONAL COUNCIL
OF RURAL COUNTIES MEETING. SUPERVISOR JOSIASSEN PROVIDES A REPORT
ON THE RECENT CALIFORNIA STATE ASSOCIATION OF COUNTIES MEETING.
0403-003 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (620) PAUL MCINTOSH, CHIEF ADMINISTRATIVE
OFFICER, PROVIDES THE BOARD WITH AN UPDATE ON BUDGET ISSUES.
MINUTES PAGE 6 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 10, 2004
0403-003 1. The Local Taxpayers and Public Safety Protection Act -
Support - approval is requested to support an initiative
sponsored by the League of California Cities, the California
State Association of Counties, and the California Special
Districts Association. The initiative would require voter
approval for the State Legislature to reduce local government
funding - action requested - EXPRESS THE SUPPORT OF BUTTE
COUNTY FOR THE LOCAL TAXPAYERS AND PUBLIC SAFETY PROTECTION
ACT AND AUTHORIZE STAFF TO TAKE ACTIONS NECESSARY TO
DEMONSTRATE THAT SUPPORT.
MOTION: I MOVE TO EXPRESS THE SUPPORT OF BUTTE COUNTY FOR THE LOCAL
TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT AND AUTHORIZE STAFF TO
TAKE ACTIONS NECESSARY TO DEMONSTRATE THAT SUPPORT.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Resolution Determining to Implement Phase II of the Advance
Funding Model Prepared by Strategic Funding Solutions LLC to
Fund a Trust for the Purposes of Paying Certain workers'
Compensation Insurance Premiums and/or Claims and Taking
Other Actions in Accordance Therewith - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
AT THE REQUEST OF THE CHIEF ADMINISTRATIVE OFFICER, ITEM
REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR
ACTION. THE ITEM WILL BE REVISED AND RETURNED ON A
SUBSEQUENT AGENDA.
0403-004 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. (FROM
1-27-04/4.04) (883)
MOTION: I MOVE TO ADOPT RESOLUTION 04-021 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.
S M
VOTE: l Y 2 Y 3 N 4 Y 5 N (Unanimously Carried)
MINUTES
PacE 7 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 10, 2004
0403-005 Adoption 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:
1. FIND THAT ADOPTION OF THE ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PROCESS PURSUANT
TO THE "COMMON SENSE" GENERAL EXEMPTION SET FORTH IN CEQA
GUIDELINES SECTION 15061(b)(3), BECAUSE IT CAN BE SEEN WITH
CERTAINTY THAT THERE IS NO POSSIBILITY THAT ADOPTION OF THE
ORDINANCE MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT,
FOR THE REASONS RECITED IN THE FINDINGS PROPOSED IN THE STAFF
REPORT, WHICH FINDINGS ARE ADOPTED AND INCORPORATED BY
REFERENCE INTO THIS ACTION; AND AUTHORIZE THE CLERK OF THE
BOARD TO FILE A NOTICE OF EXEMPTION WITH THE COUNTY CLERK-
RECORDER; AND
2. ADOPT ORDINANCE AS DRAFTED AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 1-27-04 [4.06]) (1285)
MOTION: I MOVE TO FIND THAT ADOPTION OF THE ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PROCESS PURSUANT TO
THE "COMMON SENSE" GENERAL EXEMPTION SET FORTH IN CEQA GUIDELINES
SECTION 15061(b)(3), BECAUSE IT CAN BE SEEN WITH CERTAINTY THAT
THERE IS NO POSSIBILITY THAT ADOPTION OF THE ORDINANCE MAY HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT, FOR THE REASONS RECITED IN
THE FINDINGS PROPOSED IN THE STAFF REPORT, WHICH FINDINGS ARE
ADOPTED AND INCORPORATED BY REFERENCE INTO THIS ACTION; AND
AUTHORIZE THE CLERK OF THE BOARD TO FILE A NOTICE OF EXEMPTION
WITH THE COUNTY CLERK-RECORDER; AND FURTHER MOVE TO ADOPT
ORDINANCE 3869 AS DRAFTED AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0403-006 Water Resources Development Act (HR 2557) Proposed Projects -
consideration of projects to be submitted for funding under the
Water Resources Development Act - action requested - APPROVE THE
TWO PROPOSED PROJECTS AS PRIORITIES 1 AND 2 AND AUTHORIZE THE
CHAIR TO SIGN ALL DOCUMENTS NECESSARY FOR INITIATION OF THE
PROCESS. (1458)
MOTION: I MOVE TO APPROVE THE TWO PROPOSED PROJECTS AS PRIORITIES 1 AND 2
AND AUTHORIZE THE CHAIR TO SIGN ALL DOCUMENTS NECESSARY FOR
INITIATION OF THE PROCESS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0403-007 Policy on Property Owner Requested Tree Removal - consideration of
a policy regarding property owner/public utility requests to
remove trees within the County road right-of-way - action
requested - APPROVE POLICY (OPTION A OR OPTION B) FOR PROPERTY
OWNER/PUBLIC UTILITY REQUESTED TREE REMOVAL WITHIN COUNTY RIGHTS-
OF-WAY. (1750)
AT THE REQUEST OF THE PUBLIC WORKS DEPARTMENT, ITEM REMOVED FROM
THE AGENDA WITHOUT CONSIDERATION OR ACTION.
MINUTES
PacE 8 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
RECESS'
RECONVENE'
9:56 A.M.
10:10 A.M.
MINUTES -FEBRUARY 10, 2004
REGULAR AGENDA
0403-008 County of Butte-City of Chico Joint Planning Proposal for the
North Chico Area of Cooperation - presentation of a report of a
coordinated planning program for the North Chico Planning Area -
action requested:
1. INITIATE A PROCESS TO ADOPT AN OVERLAY ZONING DISTRICT THAT
WILL REQUIRE FUTURE DEVELOPMENT IN THE NORTH CHICO PLANNING
AREA TO CONFORM TO THE CITY'S MORE URBAN DEVELOPMENT
REGULATIONS AND STANDARDS;
2. INITIATE A PROCESS TO PROVIDE FOR MINIMUM LOT SIZES OF 160
ACRES FOR PROPERTIES (AS SPECIFIED BY COUNTY STAFF) IN THE
RURAL AREA THAT SURROUNDS THE NORTH CHICO PLANNING AREA; AND
3. DIRECT STAFF TO RETURN A FUNDING REQUEST TO THE BOARD TO
SHARE EQUALLY IN THE COSTS OF ENVIRONMENTAL REVIEW ONCE THESE
COSTS HAVE BEEN DETERMINED. (1776) (**00)
MOTION: I MOVE TO INITIATE A PROCESS TO ADOPT AN OVERLAY ZONING DISTRICT
THAT WILL REQUIRE FUTURE DEVELOPMENT IN THE NORTH CHICO PLANNING
AREA TO CONFORM TO THE CITY'S MORE URBAN DEVELOPMENT REGULATIONS
AND STANDARDS; INITIATE A PROCESS TO PROVIDE FOR MINIMUM LOT SIZES
OF 160 ACRES FOR PROPERTIES (AS SPECIFIED BY COUNTY STAFF) IN THE
RURAL AREA THAT SURROUNDS THE NORTH CHICO PLANNING AREA; AND
FURTHER MOVE TO DIRECT STAFF TO RETURN A FUNDING REQUEST TO THE
BOARD TO SHARE EQUALLY IN THE COSTS OF ENVIRONMENTAL REVIEW ONCE
THESE COSTS HAVE BEEN DETERMINED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 N (Motion Carried)
0403-009 Sign Ordinance - report to the Board on the existing sign
regulations within the County, and presentation of a draft
ordinance for discussion and direction - action requested - ACCEPT
REPORT; AND PROVIDE STAFF DIRECTION REGARDING DRAFT ORDINANCE.
(**85)
MINUTES
PacE 9 FEBRUARY 10, 2004
BOARD DIRECTION TO DEVELOPMENT SERVICES DEPARTMENT STAFF TO SUBMIT
TO THE PLANNING COMMISSION FOR CONSIDERATION OF A PROPOSED
AMENDMENT TO THE BUTTE COUNTY ZONING ORDINANCE REGARDING SIGNS,
WHICH ADDS LANGUAGE IMPOSING RESTRICTIONS WHEN ANY COMMERCIALLY
ZONED PROPERTY ABUTS RESIDENTIALLY ZONED PROPERTY.
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 10, 2004
PUBLIC HEARINGS AND TIMED ITEMS
0403-010 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 parcel size) 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 # COR03-04]) - action
requested:
1. FIND THAT DENIAL OF THIS PROJECT IS STATUTORILY EXEMPT FROM
THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) UNDER SECTIONS 15270(a) AND (b) OF TITLE 14,
CALIFORNIA CODE OF REGULATIONS, CHAPTER 3 (GUIDELINES FOR
IMPLEMENTATION OF CEQA). THE PAYMENT OF FEES PURSUANT TO
FISH AND GAME CODE SECTION 711.4 AND 14 CCR 753.5 ARE NOT
REQUIRED; AND
2. SUBJECT TO FINDING II (A) AS DETAILED IN THE STAFF REPORT
DATED FEBRUARY 10, 2004, DENY THE APPEAL AND UPHOLD THE
PLANNING COMMISSION'S DECISION TO DENY THE CERTIFICATE OF
CORRECTION 03-04 FOR JEFF AND CINDY CASWELL. (**966)
PUBLIC HEARING OPENED: 11:16 A.M.
PUBLIC HEARING CLOSED: 11:26 A.M.
MOTION: I MOVE TO FIND THAT DENIAL OF THIS PROJECT IS STATUTORILY EXEMPT
FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) UNDER SECTIONS 15270(a) AND (b) OF TITLE 14, CALIFORNIA
CODE OF REGULATIONS, CHAPTER 3 (GUIDELINES FOR IMPLEMENTATION OF
CEQA) AND THAT THE PAYMENT OF FEES PURSUANT TO FISH AND GAME CODE
SECTION 711.4 AND 14 CCR 753.5 ARE NOT REQUIRED; AND FURTHER MOVE,
SUBJECT TO FINDING II (A) AS DETAILED IN THE STAFF REPORT DATED
FEBRUARY 10, 2004, TO DENY THE APPEAL AND UPHOLD THE PLANNING
COMMISSION'S DECISION TO DENY THE CERTIFICATE OF CORRECTION 03-04
FOR JEFF AND CINDY CASWELL.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 N (Motion Carried)
04 03 - 011 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. (**2308)
1. DENNIS LUNDBERG ADDRESSED THE BOARD TO REQUEST THE BOARD WORK
WITH CAL-TRANS TO HAVE A STOP LIGHT INSTALLED AT THE
INTERSECTION OF 99 AND 162.
MINUTES
PacE l0 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
RECESS'
RECONVENE'
12:04 P.M.
12:15 P.M.
MINUTES -FEBRUARY 10, 2004
0403-012
MINUTES
PAGE 11
FEBRUARY 10, 2004
Items Removed from the Consent Agenda for Board Consideration and
Action. (**2949) (NONE)
Recessed at 12:16 p.m., as the Butte County Board of Supervisors
and convened as the Butte County Public Facilities Financing
Corporation Board of Directors.
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 10, 2004
BUTTE COUNTY PUBLIC FACILITIES FINANCING CORPORATION
MINUTES - FEBRUARY l O, 2 O O 4
Call to Order - Called to order at 12:16 p . m. , in the Board of
Supervisors Room, 25 County Center Drive, Oroville. Board members
present: Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler. Also
present: Marion Reeves, Deputy Clerk. (**2999)
0401-001 1. Approval of Minutes - action requested - APPROVE MINUTES OF
FEBRUARY 11, 2003.
MOTION: I MOVE TO APPROVE THE MINUTES OF FEBRUARY 11, 2003.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0401-002 2. Appointment of New Officers - action requested - APPOINT
OFFICERS AS FOLLOWS: PRESIDENT - CHAIR BEELER; VICE
PRESIDENT - VICE CHAIR JOSIASSEN; SECRETARY/TREASURER - DICK
PUELICHER; AND LESSEE REPRESENTATIVE - LINDA BARNES.
MOTION: I MOVE TO APPOINT THE FOLLOWING OFFICERS FOR 2004 AS FOLLOWS:
PRESIDENT - CHAIR BEELER; VICE PRESIDENT - VICE CHAIR JOSIASSEN;
SECRETARY/TREASURER - DICK PUELICHER; AND LESSEE REPRESENTATIVE -
LINDA BARNES.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0401-003 3. Treasurer's Report - final report on the refunding of
Certificates of Participation - action requested - ACCEPT FOR
INFORMATION.
REPORT TO THE BOARD BY KAREN WHITE, ASSISTANT TREASURER.
0401-004 4. 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. (**3155) (NONE)
0401-005 5. Other Business (NONE)
Adjournment
Adjourned at 12:20 p.m., as the Butte County Public
Facilities Financing Corporation Board of Directors and
convened as the Butte County In-Home Supportive Services
Public Authority Board.
MINUTES PAGE 12 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
04-001
04-002
MINUTES
MINUTES -FEBRUARY 10, 2004
BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MINUTES - FEBRUARY l O, 2 0 0 4
Call to Order - Called to order at 12:20 p.m., in the Board of
Supervisors Room, County Administration Building, 25 County Center
Drive, Oroville. Board members present: Dolan, Houx, Josiassen,
Yamaguchi, and Chair Beeler. Also present: Marion Reeves, Deputy
Clerk. (**3168)
Consent/Regular Agenda Items (NO ITEMS)
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. (**3177) (***00)
1. MOLLY HILLIS, UNITED DOMESTIC WORKERS OF AMERICA, ADDRESSED
THE BOARD TO REQUEST THE BOARD WORK TO REACH AGREEMENT
REGARDING EMPLOYMENT NEGOTIATIONS.
2. EVAN LEVANG, INDEPENDENT LIVING SERVICES, REQUESTED INCREASED
WAGES FOR WORKERS.
3. DAN GROVER, INDEPENDENT LIVING SERVICES, REQUESTED
CONTINUATION OF THE IHSS PROGRAM.
4. LESLIE BURKE REQUESTED THE BOARD CONTINUE THE IHSS PROGRAM.
5. DENISE DEANDERSON ADDRESSED THE BOARD TO SAY THAT HER IHSS
WORKER DOES SO MANY GREAT THINGS FOR HER.
6. BARBARA HOFF, UNITED DOMESTIC WORKERS OF AMERICA, REQUESTED
THE BOARD SETTLE LABOR NEGOTIATIONS.
7. DORIS LAUGHLIN ADDRESSED THE BOARD TO SAY THAT IHSS WORKERS
ARE VERY IMPORTANT AND REQUESTED BETTER WAGES FOR WORKERS.
8. LEATHA BROWN ADDRESSED THE BOARD TO REQUEST BETTER WAGES FOR
WORKERS.
9. JACKLYN O'SULLIVAN AND THERESA HOFFMAN, SERVICE RECIPIENT AND
PROVIDER, ADDRESSED THE BOARD TO REQUEST CONTINUATION OF THE
PROGRAM AND AN INCREASE IN WAGES FOR WORKERS.
10. SARA OKUMBE, IHSS ADVISORY COMMITTEE MEMBER AND PROVIDER,
THANKS THE BOARD FOR THEIR SUPPORT, AND REQUESTED CONTINUED
SUPPORT.
PacE 13 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 10, 2004
04-002 11. PETE CONITEE, LOBBYIST FOR UNITED DOMESTIC WORKERS, ADDRESSED
THE BOARD TO SAY THAT IHSS WORKERS ARE NEEDED TO HELP TAKE
CARE OF OUR HANDICAPPED CITIZENS, AND BETTER WAGES ARE
NEEDED, AND PLEDGED THAT HE WILL WORK TO INSURE THAT THE
STATE WILL HONOR THE PROMISES TO THE IHSS PROGRAM.
12. ROSEMARIE LANDRY ADDRESSED THE BOARD TO ENCOURAGE SETTLEMENT
OF NEGOTIATIONS.
13. FRANK SMITH ADDRESSED THE BOARD TO REQUEST CONTINUATION OF
THE PROGRAM.
04-003 Closed Session
RECESS: RECESSED AT 12:20 P.M., TO A CLOSED SESSION CONFERENCE
WITH LABOR NEGOTIATORS PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 54957.6. AGENCY
REPRESENTATIVES: JEANNE GRAVETTE AND CRAIG DORY.
EMPLOYEE ORGANIZATION: UNITED DOMESTIC WORKERS OF
AMERICA. (**1064)
RECONVENE: RECONVENED AT 1 :52 P.M. , FROM A CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 54957.6. AGENCY
REPRESENTATIVES: JEANNE GRAVETTE AND CRAIG DORY.
EMPLOYEE ORGANIZATION: UNITED DOMESTIC WORKERS OF
AMERICA. (**1085) (ANNOUNCEMENT: NEGOTIATIONS WITH
UNITED DOMESTIC WORKERS WILL CONTINUE TOMORROW.)
Adjournment
Adjourned at 1:53 p.m., as the Butte County In-Home Supportive
Services Public Authority Board and reconvened as the Butte County
Board of Supervisors.
MINUTES PAGE 14 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS CONTINUED AGENDA
PUBLIC HEARINGS AND TIMED ITEMS
0403-013 Public Hearing - Department of Development Services - Zoning Code
Amendment - consideration of 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:
1. FIND THAT ADOPTION OF THE ORDINANCE IS CONSISTENT WITH THE
GENERAL PLAN FOR THE REASONS RECITED IN THE FINDINGS PROPOSED
IN THE STAFF REPORT, WHICH FINDINGS ARE ADOPTED AND
INCORPORATED BY REFERENCE INTO THIS ACTION;
2. FIND THAT ADOPTION OF THE ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PROCESS PURSUANT
TO CEQA GUIDELINES CATEGORICAL EXEMPTION CLASS #8 BECAUSE IT
IS PART OF AN ACTION TAKEN BY A REGULATORY AGENCY TO PROTECT
THE ENVIRONMENT, AND DIRECT THE CLERK OF THE BOARD TO FILE
A NOTICE OF EXEMPTION WITH THE COUNTY CLERK-RECORDER; AND
3. DISCUSS AND ADOPT THE ORDINANCE AS DRAFTED AND AUTHORIZE THE
CHAIR TO SIGN, OR AMEND PURSUANT TO DISCUSSION. (***1106)
PUBLIC HEARING OPENED: 1:53 P.M.
PUBLIC HEARING CLOSED: 2:11 P.M.
MOTION: I MOVE TO FIND THAT ADOPTION OF THE ORDINANCE IS CONSISTENT WITH
THE GENERAL PLAN FOR THE REASONS RECITED IN THE FINDINGS PROPOSED
IN THE STAFF REPORT, WHICH FINDINGS ARE ADOPTED AND INCORPORATED
BY REFERENCE INTO THIS ACTION; FIND THAT ADOPTION OF THE ORDINANCE
IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
PROCESS PURSUANT TO CEQA GUIDELINES CATEGORICAL EXEMPTION CLASS #8
BECAUSE IT IS PART OF AN ACTION TAKEN BY A REGULATORY AGENCY TO
PROTECT THE ENVIRONMENT, AND DIRECT THE CLERK OF THE BOARD TO FILE
A NOTICE OF EXEMPTION WITH THE COUNTY CLERK-RECORDER; AND FURTHER
MOVE TO ADOPT ORDINANCE 3870 RECOMMENDED BY THE PLANNING
COMMISSION AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 N 2 Y 3 Y 4 Y 5 N (Motion Carried)
MINUTES
PacE 15 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 10, 2004
CLOSED SESSION
0403-014 RECESS: THE BOARD RECESSED AT 2:20 P.M., TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) JONES v. BROOKS (BUTTE
SUPERIOR COURT CASE NO. 84429); CONFERENCE WITH
LEGAL COUNSEL REGARDING INITIATION OF LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(0):
TWO POTENTIAL CASES; AND 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. (***2128)
RECONVENE: THE BOARD RECONVENED AT 3:20 P.M., FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) JONES v. BROOKS (BUTTE
SUPERIOR COURT CASE NO. 84429); CONFERENCE WITH
LEGAL COUNSEL REGARDING INITIATION OF LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(0):
TWO POTENTIAL CASES; AND 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. (***2184)
CLOSED SESSION
ANNOUNCEMENT: THE BOARD UNANIMOUSLY VOTED IN CLOSED SESSION TO
AUTHORIZE PAUL MCINTOSH, CHIEF ADMINISTRATIVE
OFFICER, TO ENTER INTO AN AGREEMENT WITH THE
INSTITUTE FOR LAW AND POLICY PLANNING, FOR THE
SUM OF $123,635 TO DO A CRIMINAL JUSTICE
ASSESSMENT IN CONNECTION WITH THE CONSENT DECREE
(JONES V. COUNTY OF BUTTE).
MINUTES PAGE 16 FEBRUARY 10, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 10, 2004
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 3:21 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD ON TUESDAY, FEBRUARY 24, 2004, AT 9:00 A.M.
R.J. BEELER, CHAIR
Attest:
Paul McIntosh, Chief Administrative
Officer and Clerk of the Board
By.
MINUTES
PAGE 17
FEBRUARY 10, 2004