HomeMy WebLinkAboutM021307BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
Called to Order at 9:15 in the Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Connelly, Josiassen, Yamaguchi, Kirk and
Chair Dolan. Also present: Paul McIntosh, Chief Administrative
Officer, Bruce Alpert, County Counsel, and Kathleen Moghannam,
Associate 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.
0703-001 Items Removed from the Consent Agenda for Board Consideration and
Action.
1. Board Calendar Adjustments - to accommodate vacation
schedules, it is recommended that the July 24, 2007 Board of
Supervisors meeting be cancelled and that the meetings
scheduled for August be moved forward one week to August 7,
2007 and August 21, 2007 - action requested - AUTHORIZE
CHANGES TO THE BOARD'S CALENDAR TO CANCEL THE MEETINGS FOR
JULY 2 4 , AUGUST 14 , AND AUGUST 2 8 AND SET MEETINGS FOR AUGUST
7 AND AUGUST 21.
THIS ITEM WAS PULLED FOR DISCUSSION.
2. Compatibility of "Ballou" {aka - Camelot Equestrian Park)
Use Permit {UP} 05-10 with the Williamson Act - final
determination is requested that the "Ballou" UP 05-10 is
compatible with the Williamson Act. The UP would allow for
equestrian training, education, and an event park. The
property is subject to a 1976 "Leah Martin" Williamson Act
contract and is a 160 acre portion of a 352 acre parcel
located an the west side of Clark Road (SR 191} approximately
1.8 miles north of SR 70, northeast of Oroville. The APN is
041-190-051. UP 05-10 was conditionally approved by the
Planning Commission on November 30, 2006, subject to a
determination by the Board of Supervisors that the proposed
uses are compatible with the Williamson Act. This action
is pursuant to the Board's motion of intent for adoption at
the January 23, 2007 Board of Supervisors meeting - action
requested - DETERMINE THAT THE USES APPROVED AND CONDITIONED
BY THE "BALLOU" UP 05-10 ARE COMPATIBLE WITH THE WILLIAMSON
ACT. (From 1-23-2007 [3.10]}
THIS ITEM WAS PULLED FOR DISCUSSION.
PAGEI FEBRUARY 13, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
CONSENT AGENDA
0703-002 1. Department of Food and Agriculture - approval is requested
for an agreement with the Department of Food and Agriculture
to carry out the Pierce's Disease Control ProgramlGlassy-
Winged Sharpshooter Program. The purpose of the program is
to intensify efforts to prevent the introduction of and
maintain control of the Glassy-Winged Sharpshooters that can
potentially spread disease to agricultural crops. The term
of the agreement is July 1, 2006 through June 30, 2007 with
a maximum amount payable to the County of $98,206.86. The
California Department of Agriculture will reimburse the
County upon submittal of monthly invoices - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. R40925}
2. Annual Audit Report for Fiscal Year 200512006 - the
department is submitting the Comprehensive Annual Financial
Report, the Single Audit Report, the Management Report, and
the Independent Accountant's Report for the Appropriations
Limit Calculation for Fiscal Year 200512006. The reports
were audited by the firm Bartig, Basler & Ray, LLP - action
requested -ACCEPT FOR INFORMATION.
3. Butte County Behavioral Health Board - action requested -
APPOINT SUSAN BHOJAK, CONSUMER MEMBER, TO A TERM TO END
DECEMBER 31, 2010.
4. Franco and Rossana Giannecchini Family Trust - amendment -
approval is requested for an amendment to the lease agreement
with the Franco and Rossana Giannecchini Family Trust for the
Oroville Professional Arts Center located at 2854 Olive
Highway, Suite A, Oroville. The location is utilized by the
Youth Services Division. The term of the lease is from
July 1, 2000 through February 28, 2007 with a maximum payable
amount of $54,770 over the multi-year term of the lease.
This is an increase of $9,200. All other terms and
provisions remain the same (department budget) - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. {Contract No. X11827)
5. Franco and Rossana Giannecchini Family Trust - amendment -
appraval is requested for an amendment to the lease agreement
with the Franco and Rossana Giannecchini Family Trust for the
Oroville Professional Arts Center located at 2856 Olive
Highway, Suites A, B, and C, Oroville. The location is
utilized by the Youth Services Division. The term of the
lease is from July 1, 2000 through February 28, 2007 with a
maximum payable amount of $140,892.48 over the multi-year
term of the lease. This is an increase of $22,852.80. All
other terms and provisions remain the same (department
budget) - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. X11836)
PAGE2 FESRUARY13,2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
6. Franco and Rossana Giannecchini Family Trust - amendment -
approval is requested for an amendment to the lease agreement
with the Franco and Rossana Giannecchini Family Trust for the
Oroville Professional Arts Center located at 2858 Olive
Highway, Suites A, B, and C, Oroville. The location is
utilized by the Youth Services Division. The term of the
lease is from July 1, 2000 through February 28, 2007 with a
maximum payable amount of $170,810 over the multi-year term
of the lease. This is an increase of $27,600. All other
terms and provisions remain the same (department budget) -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. {Contract N0. X11826}
7. Franco and Rossana Giannecchini Family Trust - amendment -
approval is requested for an amendment to the lease agreement
with the Franco and Rossana Giannecchini Family Trust for the
Oroville Professional Arts Center located at 2860 Olive
Highway, Suites B and C, Oroville. The location is utilized
by the Youth Services Division. The term of the lease is
from July 1, 2000 through February 28, 2007 with a maximum
payable amount of $57,391.45 aver the multi-year term of the
lease. This is an increase of $8,142. All other terms and
provisions remain the same (department budget) - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. {Contract N0. X11825)
8. Franco and Rossana Giannecchini Family Trust - amendment -
approval is requested for an amendment to the lease agreement
with the Franco and Rossana Giannecchini Family Trust for the
Oraville Professional Arts Center located at 2860 Olive
Highway, Suites D and E, Oroville. The location is utilized
by the Youth Services Division. The term of the lease is
from July 1, 2000 through February 28, 2007 with a maximum
payable amount of $79,408 over the multi-year term of the
lease. This is an increase of $12,880. All other terms and
provisions remain the same (department budget) - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract NO. X11824)
9. County of Shasta - approval is requested for a renewal of
a revenue agreement with the County of Shasta for the
provision of acute psychiatric inpatient care at the Butte
County Psychiatric Health Facility to residents of Shasta
County. The term of the agreement is July 1, 2006 through
June 30, 2007 with a maximum payable amount of $35,000
(department budget) - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
R40914}
PAGE 3 FEBRUARY 13, 2Q07
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
10. State Department of Mental Health Agreement and Resolution
- approval is requested for an agreement with the State
Department of Mental Health that provides for professional
and inpatient hospital services to persons who are acutely
mentally ill and those persons requiring health care
services. Behavioral Health is required to establish a
community mental health service to cover the entire area of
the county and to reimburse the State Department of Mental
Health for its use of state hospital beds. The term of the
agreement is July 1, 2006 through June 30, 2007. It is a
zero dollar contract as County realignment funds are offset
to pay the State for the use of the hospital beds - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND ADOPT RESOLUTION 07-027 AND AUTHORIZE THE
CHAIR TO SIGN.
11. Code Enforcement Advisory Board - Supervisor Kirk submits
her nomination far District 3 Representative to the Butte
County Code Enforcement Advisory Board - action requested -
APPOINT ED MCLAUGHLIN, DISTRICT 3 REPRESENTATIVE.
12. Economic Development Corporation of Butte County/Industrial
Development Authority - Supervisor Kirk submits her
nomination for District 3 Representative to Economic
Development Corporation of Butte County/Industrial
Development Authority - action requested - APPOINT CHUCK
LOHSE, DISTRICT 3 REPRESENTATIVE.
13. Waiver of Fees - the Palermo Bible Family Church is
requesting the Board waive $2,435.50 in development fees
associated with a legal lot determination necessary for the
permitting of building a new residence for pastoral staff.
The Church is a non-profit organization that qualifies for
such a waiver under Butte County Code Section 3-40.5 - action
requested - PURSUANT TO THE BUTTE COUNTY CODE SECTION 3-40.5,
FIND THAT THE PROJECT IS IN THE PUBLIC INTEREST AND APPROVE
A WAIVER OF DEVELOPMENT FEES.
14. Resolution in Support of Funding California Department of
Forestry and Fire Protection (CDF} - consideration of a
resolution to support the return of state funding to CDF for
staffing of fire lookout towers - action requested - ADOPT
RESOLUTION 07-028 AND AUTHORIZE THE CHAIR TO SIGN.
15. George E. Hargrave, Ph.D. - amendment - approval is requested
for an amendment to the agreement with George E. Hargrave,
Ph.D. for the administration of professional law enforcement
pre-employment psychological assessments. The amendment
extends the term of the contract through December 31, 2009
with a maximum amount payable not to exceed $30,683 - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X14742)
PAGE 4 FEBRUARY 13, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
16. Addition of Required Light Fixtures to Safety Vehicles -
approval is requested for the purchase of safety lights
which will be added to the department`s safety vehicles as
the California standard for safety lighting on law
enforcement and safety vehicles was recently changed to
require a dual red/blue fixture. Sixteen District Attorney
safety vehicles need to be upgraded to meet the standard.
The estimated value of each fixture is $230 based on bids
received. Public Works will install the lights. Funding is
available in the department's budget - action requested -
APPROVE BUDGET TRANSFER B-246 APPROPRIATING FUNDS DETAILED
IN THE AGENDA REPORT.
17. Extension of a Temporary Assignment to Higher Level
Classification - approval is requested for an extension of
a current out-of-class assignment for an employee assigned
to the duties of Program Manager due to the long term medical
leave of the incumbent. Temporary assignments to a higher
level classification may be approved by the Department for
ninety days and the Director of Human Resources for an
additional ninety days. The current assignment began on
August 28, 2006 and was extended by the Director of Human
Resources for an additional ninety day period that will
end February 28, 2007 - action requested - APPROVE EXTENSION
OF TEMPORARY ASSIGNMENT TO A HIGHER CLASSIFICATION FOR AN
ADDITIONAL ONE HUNDRED AND EIGHTY DAYS OR UNTIL THE
INCUMBENT RETURNS TO WORK, WHICHEVER OCCURS FIRST.
18. Americans with Disabilities Act (ADA) Accessible Walkway -
Notice of Completion - the project consisted of the
construction of an ADA accessible walkway from 25 County
Center Drive to 1 Court Street . All work on subject property
has been completed in accordance with the plans and
specifications - action requested - ACCEPT THE WORK CONTRACT
AS COMPLETE; APPROVE NOTICE OF COMPLETION AND AUTHORIZE THE
CHAIR TO SIGN; AND DIRECT RECORDING OF THE NOTICE OF
COMPLETION. (Contract No. X16243)
PAGES FEBRUARY 13, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
19. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: SALARY PLAN FOR ELECTED AND APPOINTED OFFICIALS,
REFERENCE A, APPOINTED DEPARTMENT HEADS - amendment
represents 100 median salary in place of the 97~ median
salary for each appointed position effective July 1, 2006 as
previously approved by Board on February 14, 2006; SALARY
PLAN FOR CLASSIFICATIONS WITH FLAT RATE ASSIGNMENTS -
increases flat rates for the classifications of File Clerk,
Mental Health Intern, and Weights and Measures Inspection
Aide in order to comply with the new California minimum wage
of $?.50 per hour effective January 1, 2007. DEPARTMENT OF
EMPLOYMENT AND SOCIAL SERVICES {DESS) - deletes one position
of Manager, DESS Program Development and adds one position
of Program Manager, Employment and Social Services. This
reclassification is retroactive to January 13, 2007 -action
requested - ADOPT RESOLUTION 07-029 AND AUTHORIZE THE CHAIR
TO SIGN.
20. Donation and Special Request from the Estate of Mary Anne
Houx - pursuant to Government Code Section 25355, a donation
of $10,000 from the estate of Mary Anne Houx has been
received for the enhancement of the children's reading room.
The bequest requires that the room be renamed the "Phillip
and Mary Anne Haux Reading Room." The department will
develop a spending plan for the funds and will return to the
Board for approval of that plan and the appropriation of
funds - action requested - APPROVE AGREEMENT ACCEPTING THE
DONATION AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE
LETTER OF APPRECIATION.
21. Library Donations - pursuant to Government Code Section
25355, donations of $1,660.70 from Muhammed and Effat Khaki,
$1,128.83 from the Paradise Friends of the Library, $100 from
Maudie Penney, $292 from the Chico Friends of the Library,
$1588.95 from Oroville Friends of the Library, $1,000 from
the Cosmos Club, and $525.56 from an anonymous donor have
been received for the Butte County Trust Fund. The donated
funds will be used for the purchase of books - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
22. Book Trust Fund Transfer - approval is requested to transfer
$50,000 from the Book Trust Fund to the Library's budget to
provide the appropriation to purchase books - action
requested - APPROVE A BUDGET TRANSFER B-247 (415 vote
required} APPROPRIATING TRUST FUND REVENUE AS DETAILED IN THE
AGENDA REPORT.
PAGE 6 FEBRUARY 13, 200?
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
23. Northwest Society for the Prevention of Cruelty to Animals -
approval is requested for an agreement with the Northwest
Society for the Prevention of Cruelty to Animals for the
sheltering of animals impounded by Butte County Animal
Control. The term of the agreement is July 1, 2006 through
June 30, 2007 with a maximum payable amount of $394,440.
Partial funding for this agreement is included in the
department's budget for Fiscal Year 2006/2007 with additional
funding from department realignment funds andtor County
funds - 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- 248 (415
vote required) APPROPRIATING FUNDS AS DETAILED IN THE AGENDA
REPORT. (Contract No. X16432)
24. Guillon, Incorporated - amendment - approval is requested for
an amendment to the lease agreement for the property located
at 82 Table Mountain Boulevard, Oroville (currently under
construction}. The majority of the office space will be used
by federally subvented programs. The amendment reflects the
following changes: amends lease to show Guillon Incorporated
as the Lessor; modifies the Tenant Improvement Floor Plan for
Suites 1 through 4 as designated in Exhibit B-2 of agenda
report; amends lease commencement date to March 1, 2007; and
adds Exhibit D which allows Guillon, Inc. to provide and
install data and communication improvements - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X16285)
25. Budget Transfer Regarding Equipment Maintenance Agreement
Amendment - approval is requested for a budget transfer in
the amount of $40,000 from the Neal Road Landfill Fund. On
January 9, 2007, the Board approved the agreement amendment
with Peterson Tractor Company for regular maintenance of the
Neal Road Landfill Caterpillar Equipment, however the budget
transfer was not requested - action requested - APPROVE
BUDGET TRANSFER B-214 {415 vote required} ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
26. Resolution far the Acquisition of Real Property for Public
Road Purposes, Agreements for Temporary Construction
Easements, and Permits to Enter and Construct Improvements
- consideration of a resolution authorizing the Director of
Public Works to negotiate and enter into right of way
agreements. Pursuant to the project agreement between Butte
County, the Federal Highway Administration, USDA Forest
Service, and the Butte County Association of Governments to
participate in the construction of the Skyway between Inskip
and Butte Meadows, Butte County is responsible for right of
way acquisition - action requested - ADOPT RESOLUTION 07-030
AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 7 FEBRUARY l~, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2~~7
27. California Air Resources Board (GARB) Heavy Duty Diesel
Emissions Standards - GARB has adopted new diesel engine
emissions standards that require different categories of
vehicles be re-powered, replaced, or modified. The
department requests authorization to apply as a Low
Population County to have more time to comply with this
mandate - action requested - AUTHORIZE THE DIRECTOR OF PUBLIC
WORKS TO APPLY FOR AND ACCEPT DESIGNATION AS A LOW POPULATION
COUNTY.
28. Resolution Authorizing the County of Butte to Act as Lead
Agency for the Submittal of the Regional Local Government
Waste Tire Cleanup and Amnesty Day Grant Application for
Fiscal Year 2006/2007 - the department is requesting
authorization to act as lead agency on behalf of the County
and the cities of Biggs, Chico, Gridley, Oroville and the
Town of Paradise for the purpose of applying for and
administering funds from the Fiscal Year 200612007 Local
Government Waste Tire Cleanup and Amnesty Event Grant. The
citiesttown are currently drafting letters of support stating
they authorize the County to act as lead agency on their
behalf. Applications are due February 23, 2007, with awards
to be announced by June. If funded, the department will plan
at least two fire amnesty events to be held in Fiscal Year
2007/2008. Matching funds are not required - action
requested - ADOPT RESOLUTION 07-031 AND AUTHORIZE THE CHAIR
TO SIGN; AUTHORIZE THE BUTTE COUNTY PUBLIC WORKS DEPARTMENT
TO ACT AS THE LEAD AGENCY FOR THE PURPOSE OF APPLYING FOR AND
ADMINISTERING THE GRANT; AND AUTHORIZE PUBLIC WORKS DIRECTOR,
OR DESIGNEE, TO EXECUTE ALL DOCUMENTS ASSOCIATED WITH
SECURING THE GRANT FUNDING AND IMPLEMENTING THE PURPOSES
SPECIFIED IN THE GRANT APPLICATION.
29. Budget Transfer for County Service Area (GSA) 97 -
Stoneybrook Estates Subdivision - approval is requested for
a budget transfer of $1,180 from CSA 97 Designated Fund as
water level probes and wires need replacement due to
exposure. The transfer is required in order to make payment
for the repairs - action requested - APPROVE BUDGET TRANSFER
B-250 (415 vote required} ACCEPTING AND APPROPRIATING FUNDS
AS DETAILED IN THE AGENDA REPORT.
PAGER FEBRUARY 13, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
30. Resolution Regarding High Risk Rural Roads {HR3)
Program - consideration of a resolution to authorize the
Director of Public Works to submit grant applications far
HR3, which has been introduced under the new federal
transportation act called Safe, Accountable, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU}.
SAFETEA-LU was enacted in August of 2005 and will provide
$23.4 billion in federal funds to California through 2009.
California's annual funding share which will be administered
by the State Department of Transportation is approximately
$8.25 million. The HR3 program was developed to address
hazardous roadway locations or features to reduce the
frequency and severity of collisions on rural roads - action
requested - ADOPT RESOLUTION 07-032 AND AUTHORIZE THE CHAIR
TO SIGN.
31. Quincy Engineering Inc. - Aguas Frias Road Bridge, Project
No. 23201-95-1 - amendment - approval is requested for an
amendment to the agreement with Quincy Engineering Inc. for
the review, redevelopment, and modification of plans,
specifications, and estimate required to construct the Aguas
Frias Road Bridge over Butte Creek at a cost not to exceed
$89,400.34. The project is funded through the Federal
Highway Bridge Program which provides 80~ reimbursement for
preliminary engineering - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X10382A)
32. Durham-Dayton Highway Bridge Replacement Project -approval
is requested to authorize the Director of Public Works to
advertise for bids to replace the Durham-Dayton Highway
Bridge at the Hamlin Slough, approximately 1.5 miles west of
State Route 99. The construction portion of this project is
88.53 reimbursable through the Federal Highway Bridge
Program. The remaining 11.47 will be paid with local
highway funds. The engineer`s estimate for this construction
contract is approximately $1.4 million - action requested -
AUTHORIZE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS;
AUTHORIZE THE CHAIR AND DIRECTOR TO SIGN PLANS; AND ADOPT
WAGE SCALE.
33. Holdrege & Kull - amendment - approval is requested for an
amendment to the agreement with Holdrege & Kull which is for
the provision of construction quality assurance monitoring
services required during the construction of Phase 2 Final
Closures of Modules 1 and 3 at the Neal Road Sanitary
Landfill (Project No. 757-5857). Due to extended
construction activities, the amendment is for an increase of
$55,000 and a total not to exceed $157,991.95 - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND APPROVE BUDGET TRANSFER B-249 (4/5 vote
required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN
THE AGENDA REPORT.
PAGE 9 FEBRUARY 13, 240?
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
34. Accept Unanticipated Revenue and Fixed Asset Purchase -
approval is requested to accept and appropriate unanticipated
revenue for Fiscal Year 2006/2007 from the California Multi-
Jurisdictional Methamphetamine Enforcement Team (Cal-MMET}.
The State Office of Emergency Services is now dividing grant
funding into two teams: North State and South State. Shasta
County Sheriff's Office, the lead agency for North State Cal-
MMET, is appropriating $144,458 in grant funds to Butte
County Sheriff's Office. Yolo County Sheriff's Office, the
lead agency for South State Cal-MMET, is appropriating
$104,367 to Butte County Sheriff's Office - action
requested - APPROVE A BUDGET TRANSFER B-252 (415 vote
required} ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE
AS DETAILED IN THE AGENDA REPORT, INCLUDING A FIXED ASSET
PURCHASE OF A NEW VEHICLE.
35. Butte County Department of Behavioral Health - Mentally Ill
Offender Crime Reduction (MIOCR) Program known locally as
Forensic Team Research (FOREST} - approval is requested for
an agreement between the Sheriff's office and the Department
of Behavioral Health to administer the MIOCR III and FOREST
II programs which are programs that provide services to
mentally ill and dually diagnosed offenders who are booked
in the Butte County Jail. The programs will implement
strategies to reduce recidivism and encourage independence.
The Sheriff's office and Behavioral Health were awarded
$999,995 in grant funds to commence the FOREST II program.
The term of the agreement is from January 1, 2007 through
June 30, 2008 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
36. Resolution in Honor of C.H. Jones Upon His Retirement from
the Butte County Sheriff's Office - action requested - ADOPT
RESOLUTION 07-033 AND AUTHORIZE THE CHAIR TO SIGN.
37. Citizens' Option for Public Safety (COPS) Revenue and Fixed
Asset Purchase - approval is requested to accept and
appropriate an additional allocation of $18,802 in
unanticipated COPS revenue. The department is also
requesting a budget transfer of $64,000 to purchase two
patrol cars - action requested - APPROVE BUDGET TRANSFER B-
253 (415 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT; AND
APPROVE THE FIXED ASSET PURCHASE OF TWO PATROL VEHICLES.
PACE 10 FEBRUARY 13, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
38. Treasury Compliance Audit - the Butte County Treasury
Oversight Committee is required to have an annual compliance
audit performed to ensure County compliance with Government
Code Article 6, Section 27130 et seq. Submitted is the Audit
Report for Fiscal Year 200512006 and the Treasurer's response
as required by Government Code Section 27134 - action
requested - ACCEPT FOR INFORMATION.
39. Monthly Investment Report - submitted is the Monthly
Investment Report dated December 29, 2006, in accordance with
the Statement of Investment Policy dated July 1, 2006 -
action requested - ACCEPT FOR INFORMATION.
40. Butte County Treasury Oversight Committee Appointment -
pursuant to Resolution 96-43, and Government Code Section
27131 the Treasurer has nominated, and is requesting the
Board confirm, the appointment of Maureen Kirk as the Board
of Supervisors' representative to the Butte County Treasury
Oversight Committee - action requested - CONFIRM APPOINTMENT.
41. Budget Transfer and Fixed Asset Purchase for Collections
Systems Server Upgrade - approval is requested to transfer
$17,235 from the Tax Collector's Cost Charge Trust Fund in
order to purchase a new server, a serverlsoftware upgrade
package, and an additional software module to support the
revenue generation efforts of the Central Collections
Division. According to Butte County Information Systems
Department, the current, five-year-old server needs to be
replaced as soon as possible - action requested - APPROVE
BUDGET TRANSFER B-251 (4/5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND
APPROVE FIXED ASSET PURCHASE FOR THE COLLECTIONS SYSTEMS
SERVER UPGRADES.
42. Butte County Water Advisory Committee, Thermalito Sub-
Inventory Unit - APPOINT MICHAEL L EDWARDS TO A TERM TO END
JUNE 2s, 2007.
43. Resolution Honoring Lance Tennis for his sixteen year tenure
on the Butte County Water Commission - action requested -
ADOPT RESOLUTION 07-034 AND AUTHORIZE THE CHAIR TO SIGN.
44. Letter to State Legislature Regarding Local Groundwater
Assistance Program (AB303} - approval is requested by the
Butte County Water Commission for a letter to be sent to the
state legislature encouraging support of funding in the
200712008 state budget for AB303 - action requested - APPROVE
THE LETTER AND AUTHORIZE THE CHAIR TO SIGN.
PAGE I I FEBRUARY 13, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
45. Paradise Cemetery District - action requested - APPOINT PETE
FREITAG, TRUSTEE TO A TERM TO END JULY 1, 2008.
46. Surface Mining Aggregate Operations - action requested -
APPOINT JAMIE JOHANSSON TO A TERM TO END JANUARY 10, 2010.
47. Children and Family Commission - action requested -APPOINT
GER VANG TO A TERM TO END JULY 1, 2007.
48. Law Library Board of Trustees - action requested - REAPPOINT
RAOUL LECLERC AND GARY KNIPPEN TO TERMS TO END JANUARY 2008.
49. Fish and Game Commission - action requested - APPOINT MARTI
LEICESTER TO A TERM TO END JANUARY 10, 2010.
50. Resolution Designating the Friends of the Arts-Butte County,
a Program of the 501C Upstate Community Enhancement
Foundation, as the Local Partner for the California Arts
Council's State-Local Partnership Program - consideration of
a request from the California Arts Council that the Board
renew its designation of the Friends of the Arts-Butte County
as the local arts agency for the purpose of participating in
the State-Local Partnership Program - action requested -
ADOPT RESOLUTION 07-035 AND AUTHORIZE THE CHAIR TO SIGN.
51. Local Child Care Planning Council and Needs Assessment -
pursuant to California Education Code Section 8499.3, the
Butte County Office of Education submits for approval the
Local Child Care Planning Council Certification Statement and
2006 Butte County Child Care Needs Assessment - action
requested - ACCEPT AND APPROVE THE CERTIFICATION STATEMENT
REGARDING COMPOSITION OF THE LOCAL CHILD CARE PLANNING
COUNCIL AND THE 2006 CHILD CARE NEEDS ASSESSMENT AND
AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEMS
3.13 AND 3.16 WHICH WERE REMOVED FOR DISCUSSION.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
REGULAR AGENDA
0703-003 Boards, Commissions and Committees.
1. Appointments to Listed Vacancies. (NONE}
2. Board Member or Committee Reports.
PAGE 12 FEBRUARY 13, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
SUPERVISOR YAMAGUCHI REPORTED THAT HE WAS ELECTED TO THE EXECUTIVE
COMMITTEE OF THE REGIONAL COUNCIL OF RURAL COUNTIES.
3. Board of Supervisors Committee and Subcommittee Assignments -
consideration of the various board, commission, committee and
subcommittee assignments for Board members - action
requested - ALTER OR REAFFIRM CURRENT ASSIGNMENTS LISTING;
AND MAKE NEEDED APPOINTMENTS.
THE BOARD MADE APPOINTMENTS AS FOLLOWS:
MOTION: I MOVE TO APPOINT SUPERVISOR CONNELLY, REPRESENTATIVE AND
SUPERVISOR DOLAN, ALTERNATE TO THE BEHAVIORAL HEALTH BOARD.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
MOTION: I MOVE TO APPOINT SUPERVISOR CONNELLY, ALTERNATE TO THE BUTTE
BASIN WATER USERS ASSOCIATION.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY}
MOTION: I MOVE TO APPOINT SUPERVISOR KIRK, REPRESENTATIVE TO THE BUTTE
COUNTY AUDIT COMMITTEE.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {MOTION CARRIED UNANIMOUSLY)
MOTION: I MOVE TO APPOINT SUPERVISORS DOLAN AND KIRK AS REPRESENTATIVES TO
THE CHICO URBAN AREA JOINT POWERS FINANCING AUTHORITY.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY}
MOTION: I MOVE TO APPOINT SUPERVISORS DOLAN AND KIRK AS REPRESENTATIVES TO
THE CHICO URBAN ISSUES COMMITTEE.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY}
MOTION: I MOVE TO APPOINT SUPERVISOR KIRK, REPRESENTATIVE TO INTERAGENCY
CHILDREN'S SERVICES COORDINATING COUNCIL.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
MOTION: I MOVE TO APPOINT SUPERVISORS DOLAN AND CONNELLY AS
REPRESENTATIVES TO THE JWENILE JUSTICE COORDINATING COUNCIL.
M 2
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
MOTION: I MOVE TO APPOINT SUPERVISOR JOSIASSEN, REPRESENTATIVE AND
SUPERVISOR CONNELLY, ALTERNATE TO THE NATIONAL ASSOCIATION OF
COUNTIES.
2 M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PAGE 13
FEBRUARY 13, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
MOTION: I MOVE TO APPOINT SUPERVISORS DOLAN AND KIRK AS REPRESENTATIVES TO
THE REDEVELOPMENT COMMITTEE FOR GREATER CHICO URBAN AREA
REDEVELOPMENT PROJECT AREA.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY}
MOTION: I MOVE TO APPOINT SUPERVISOR YAMAGUCHI AS PRIMARY AND SUPERVISOR
KIRK AS ALTERNATE TO THE REGIONAL COUNCIL OF RURAL COUNTIES.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
MOTION: I MOVE TO APPOINT SUPERVISOR CONNELLY AS REPRESENTATIVE TO THE
REMOTE ACCESS NETWORK.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY}
MOTION: I MOVE TO REAF FIRM APPOINTMENTS OF SUPERVISOR DOLAN AND YAMAGUCHI
TO THE SOLID WASTE PERMIT ENFORCEMENT AND APPEAL INDEPENDENT
HEARING PANEL.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY}
MOTION: I MOVE TO APPOINT SUPERVISOR CONNELLY AS REPRESENTATIVE TO THE
TRI-COUNTY ECONOMIC DEVELOPMENT DISTRICT AND TRI-COUNTY SMALL
BUSINESS DEVELOPMENT ADVISORY COMMITTEE.
M 2
VOTE: I Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
MOTION: I MOVE TO APPOINT SUPERVISOR CONNELLY AS REPRESENTATIVE TO THE
TRI-COUNTY EDC REVOLVING LOAN FUND ADMINISTRATION BOARD.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {MOTION CARRIED UNANIMOUSLY)
0703-004 Update an Current Budget and Legislative Issues by the Chief
Administrative Officer.
PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER ADDRESSED THE BOARD
REGARDING THE COST OF AN ADDITIONAL ELECTIONS IN 2008.
MOTION: I MOVE TO DIRECT MR. MCINTOSH TO DRAFT A LETTER OF OPPOSITION TO
THE STATE TO SHOW A STAND AGAINST NON-FUNDED STATE MANDATES SUCH
AS THE ELECTION.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY}
PACE 14 FEBRUARY 13, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
0703-005 Ratification of Proposed Resolution far National Association of
Counties (NACo) Environment, Energy and Land Use Committee
{EELU} - the EELU makes recommendations to the NACo Executive
Board regarding policy positions. The Committee is soliciting
resolutions for consideration at the March Legislative Conference.
Federal Energy Regulatory Commission {FERC) has published draft
Policy Settlement Guidelines and has sought comment on those
guidelines. The resolution encourages NACo to take a policy
position that host communities, such as Butte County, should be
fully compensated for the human environmental impacts of
hydropower projects - action requested - RATIFY SUBMITTAL OF
PROPOSED RESOLUTION ON CONSIDERATION OF HOST COMMUNITY IMPACTS IN
THE LICENSING OR RE-LICENSING OF HYDROELECTRIC PROJECTS.
MOTION: I MOVE TO RATIFY SUBMITTAL OF PROPOSED RESOLUTION ON CONSIDERATION
OF HOST COMMUNITY IMPACTS IN THE LICENSING OR RE-LICENSING OF
HYDROELECTRIC PROJECTS.
2 I`'1
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY}
0703-006 Solar Project, Phase II - at the Board's January 23, 2007 meeting,
authorization was given to explore whether or not changes in state
regulations and the CA Communities Program made Phase II of the
Solar Project cost-effective. Based on that authorization, staff
filed applications with Pacific Gas and Electric (PG&E) far the
California Solar Initiative (CSI) program and CA Communities.
Reserved status for the CSI program requires an application fee.
That fee far Butte County is $32,790 which is due within thirty
days of receipt of an invoice from PG&E. The application fee is
refundable only if the project is cancelled before receiving a
conditional reservation notice or if the project does not qualify.
There is a potential risk that the application fee will be due
before a formal proposal for Go Solar is received and analyzed,
therefore Butte County could pay the fee and not agree with the
proposal. Staff recommends that the failure of Butte County to
pursue this project that could save taxpayers millions of dollars
over the life of the project outweighs the risk of lasing the
application fee - action requested - AUTHORIZE PAYMENT OF THE
APPLICATION FEE TO PG&E WHEN THE INVOICE IS RECEIVED.
MOTION: I MOVE TO AUTHORIZE PAYMENT OF THE APPLICATION FEE TO PG&E WHEN
THE INVOICE IS RECEIVED; AND AUTHORIZE STAFF TO PREPARE AND REVIEW
LEASE DOCUMENTS AND OTHER DOCUMENTS NECESSARY TO GO SOLAR WITH THE
FINAL DOCUMENTS TO BE BROUGHT BACK AT SUBSEQUENT MEETING.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY}
PAGE 15 FEBRUARY 13, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 13, 2007
0703-007 Update of General Plan Process by Director-Development Services.
1. Working Draft Framework of Guiding Principles -General Plan
- final approval is requested far the Working Draft Framework
of Guiding Principles which was initially reviewed and edited
by the Board on May 23 and July 25, 2006. The Draft document
was then reviewed by the Citizens Advisory Committee on
December 7, 2006 and the Planning Commission on January 11,
2007. The comments, changes, and information from the
Citizen's Advisory Committee and the Planning Commission are
included with the agenda report -action requested - APPROVE
THE BUTTE COUNTY GENERAL PLAN GUIDING PRINCIPLES TO PROVIDE
GUIDANCE DURING THE GENERAL PLAN 2030 UPDATE PROCESS AND
ADOPT "BUTTE COUNTY GENERAL PLAN 2030" AS THE OFFICIAL NAME
FOR BUTTE COUNTY`S GENERAL PLAN UPDATE, NEW ZONING ORDINANCE,
AND ENVIRONMENTAL IMPACT REPORT.
MOTION: I MOVE TO APPROVE THE BUTTE COUNTY GENERAL PLAN GUIDING PRINCIPLES
TO PROVIDE GUIDANCE DURING THE GENERAL PLAN 2030 UPDATE PROCESS
AND ADOPT "BUTTE COUNTY GENERAL PLAN 2030" AS THE OFFICIAL NAME
FOR BUTTE COUNTY'S GENERAL PLAN UPDATE, NEW ZONING ORDINANCE, AND
ENVIRONMENTAL IMPACT REPORT.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
RECESS: 10:35 A.M.
RECONVENE: 10:50 A.M.
PUBLIC HEARINGS AND TIMED ITEMS
0703-008 Public Hearing - Adoption of an Ordinance Amending Section 1 of
Chapter 44 of the Butte County Code Entitled Juvenile Hall
Charges - approval is requested to amend Butte County Cade to
increase the Juvenile Hall daily fee to $29.28 which is the
maximum allowable rate per Welfare and Institutions Code Sections
903-904. As detailed in the agenda report, the primary reasons
far the increase are due to significantly higher costs far medical
care and utilities at Juvenile Hall - action requested -ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
THIS ITEM WAS OPENED AND CONTINUED TO BE HEARD AFTER THE REST OF
THE TIMED ITEMS.
PAGE 16 FEBRUARY 13, 2007
BUTTE COUNTY BOARD OF SUPERVISORS lYIINUTES -FEBRUARY 13, 2007
0703-009 Public Hearing - Appeal of Planning Commission's approval of Use
Permit (UP) 06-07 to allow a private kennel for up to twelve
Australian Shepard dogs owned by Allan and Lisa Renville -
consideration of an appeal by a neighbor citing multiple concerns,
including the proximity of kennel to property line and noise
issues. The project site has an existing kennel structure and
outdoor dog run and is on a 7.01 acre parcel on the private,
unpaved Lake Hills Road in a rural residential area of Butte
Valley. The APN is 041-120-130 - action requested - DENY THE
APPEAL AND SUPPORT THE PLANNING COMMISSION'S APPROVAL OF UP 06-07
WITH CONDITIONS.
THIS ITEM WAS OPENED AND CONTINUED TO APRIL 10, 2007 AT 10:30 A.M.
AT THE REQUEST OF THE APPELLANT. NO ACTION WAS TAKEN.
0703-010 Public Hearing - Adoption of an Ordinance Adding Section 24-286
and Deleting Section 24-285 of Chapter 24 (Zoning} of the Butte
County Code - approval is requested to amend Chapter 24 (Zoning)
to include an agricultural buffer and setback requirement (300 ft)
and to delete Section 24-285 for agricultural segregations of
homesites for the purpose of implementing portions of the General
Plan Agricultural Element - action requested - SUBJECT TO ITEMS A,
B, C, AND D ON STAFF REPORT ADOPT NEGATIVE DECLARATION; ADOPT
ORDINANCE ADDING SECTION 24-286 AND DELETING SECTION 24-285 OF
ARTICLE V OF CHAPTER 24 (ZONING) OF THE BUTTE COUNTY CODE AND
AUTHORIZE THE CHAIR TO SIGN; AND ADOPT RESOLUTION 07-036 APPROVING
EXHIBIT A, AUTHORIZE THE CHAIR TO SIGN AND AUTHORIZE THE DIRECTOR
OF DEVELOPMENT SERVICES TO MAINTAIN THIS EXHIBIT. (**1)(**469}
PUBLIC HEARING OPENED: 11:05 A.M.
PUBLIC HEARING CLOSED: 11:30 A.M.
FETE PETERSON AND TODD KIMMELSHUE ADDRESSED THE BOARD.
MOTION: I MOVE TO ADOPT NEGATIVE DECLARATION; ADOPT ORDINANCE ADDING
SECTION 24-286 AND DELETING SECTION 24-285 OF ARTICLE V OF CHAPTER
24 (ZONING) OF THE BUTTE COUNTY CODE AND AUTHORIZE THE CHAIR TO
SIGN; AND ADOPT RESOLUTION 07-036 APPROVING EXHIBIT A, AUTHORIZE
THE CHAIR TO SIGN AND AUTHORIZE THE DIRECTOR OF DEVELOPMENT
SERVICES TO MAINTAIN THIS EXHIBIT AND REVIEW THE RIGHT TO FARM
ORDINANCE IN THE FUTURE.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {MOTION CARRIED UNANIMOUSLY)
PACE 17 FEBRUARY 13, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
0703-011 Public Hearing - Wireless Communications Zoning Code Amendment 06-
0003 and Adoption of an Ordinance Amending Section 24-262 of
Article V of Chapter 24 (Zoning} of the Butte County Cade -
approval is requested to amend Butte County Code Section 24-262
regarding wireless telecommunications facilities consistent with
the requirements of Government Code sections 65850.6 and 65964.
The Planning Commission held a public hearing on November 30, 2006
and recommends approval to the Board -action requested - FIND
PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AS
DETAILED IN THE AGENDA REPORT AND ADOPT ORDINANCE AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 1-9-07 [3.27]) AND (FROM 1-23-07 [3.12]}
THIS ITEM WAS OPENED AND CONTINUED TO BE HEARD LATER ON THE
AGENDA.
REGVZax AGErmr-
0703-012 Project Report - Homeless Continuum of Care Analysis -presentation
by Dr. Bradford Luz, PhD. regarding the status of the project and
current developments, including the program design and scope of
work for the Homeless Continuum of Care - action requested -
ACCEPT FOR INFORMATION AND APPOINT A BOARD MEMBER TO THE HOMELESS
TASK FORCE.
PRESENTATION BY DR. LUZ, DIRECTOR OF BEHAVIORAL HEALTH.
CHAIR DOLAN AND VICE CHAIR YAMAGUCHI WILL DISCUSS
APPOINTMENT TO THE HOMELESS TASK FORCE WITH PAUL MCINTOSH, CHIEF
ADMINISTRATIVE OFFICER.
0703-013 Amendment of Section 3-41 of Chapter 3 (Fees) of the Butte County
Code - approval is requested for an ordinance that adds cost
escalator language to Section 3-41 to allow for periodic changes
to the Building Division Fee Schedule based on the same cost
escalators used in various sections of the County Code for other
user fees - action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 1-23-2007 [4.07]}
MOTION: I MOVE TO ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY}
0703-014 "Nandi-Riders" Use Permit 05-06 - Supervisor Connelly requests the
Board make a determination whether to hear an appeal of a Planning
Commission decision that was filed after the ten day appeal
period. Butte County Code enables a supervisor to bring an issue
before the Board to determine if a majority of all members agree
to consider the appeal - action requested - DETERMINE WHETHER THIS
APPEAL FILED OUTSIDE OF THE 10 DAY APPEAL PERIOD SHALL BE HEARD BY
THE BOARD; BOARD MAY WANT TO DISCUSS TIME LINES CONTAINED IN THE
BUTTE COUNTY CODE REGARDING APPEALS.
PAGE, 18 FEBRUARY 13, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 13, 2007
IT WAS DETERMINED THAT THIS APPEAL CANNOT BE HEARD BEFORE THE
BOARD AS THE 30 APPEAL PERIOD ALLOWED BY THE CODE HAS EXPIRED.
0703-015 Items Removed from the Consent Agenda for Board Consideration and
Action.
1. Compatibility of "Ballou" (aka - Camelot Equestrian Park)
Use Permit (UP) 05-10 with the Williamson Act - final
determination is requested that the "Ballou" UP 05-10 is
compatible with the Williamson Act. The UP would allow far
equestrian training, education, and an event park. The
property is subject to a 1976 "Leah Martin" Williamson Act
contract and is a 160 acre portion of a 352 acre parcel
located on the west side of Clark Road (SR 191} approximately
1.8 miles north of SR 70, northeast of Oroville. The APN is
041-190-051. UP 05-10 was conditionally approved by the
Planning Commission on November 30, 2006, subject to a
determination by the Board of Supervisors that the proposed
uses are compatible with the Williamson Act. This action
is pursuant to the Board's motion of intent for adoption at
the January 23, 2007 Board of Supervisors meeting - action
requested - DETERMINE THAT THE USES APPROVED AND CONDITIONED
BY THE "BALLOU" UP 05-10 ARE COMPATIBLE WITH THE WILLIAMSON
ACT. (From 1-23-2007 [3.10])(**3595)
MOTION: I MOVE TO MAKE THE DETERMINATION THAT THE USES APPROVED AND
CONDITIONED BY THE "BALLOU" UP 05-10 ARE COMPATIBLE WITH THE
WILLIAMSON ACT.
M 2
VOTE: 1 Y 2~ N 3 Y 4 Y 5 Y {MOTION CARRIED 4-1}
2. Board Calendar Adjustments - to accommodate vacation
schedules, it is recommended that the July 24, 2007 Board of
Supervisors meeting be cancelled and that the meetings
scheduled for August be moved forward one week to August 7,
2007 and August 21, 2007 - action requested - AUTHORIZE
CHANGES TO THE BOARD'S CALENDAR TO CANCEL THE MEETINGS FOR
JULY 24, AUGUST 14, AND AUGUST 28 AND SET MEETINGS FOR AUGUST
7 AND AUGUST 21.
MOTION: I MOVE TO CANCEL ONLY THE JULY 24T" BOARD OF SUPERVISORS MEETING
AND KEEP THE DATES IN AUGUST THAT SAME AS ORIGINALLY SCHEDULED.
2 M
VOTE: 1 Y 2 N 3 Y 4 Y 5 Y (MOTION CARRIED 4-1}
PUBLIC HEARINGS AND TIMED ITEMS
0703-016 Public Hearing - Adoption of an Ordinance Amending Section 1 of
Chapter 44 of the Butte County Code Entitled Juvenile Hall
Charges - approval is requested to amend Butte County Code to
increase the Juvenile Hall daily fee to $29.28 which is the
maximum allowable rate per Welfare and Institutions Code Sections
903-904. As detailed in the agenda report, the primary reasons
for the increase are due to significantly higher casts for medical
care and utilities at Juvenile Hall - action requested -ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 19
FEBRUARY 13, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
PUBLIC HEARING OPENED: 12:30 P.M.
PUBLIC HEARING CLOSED: 12:31 P.M.
MOTION: I MOVE TO ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
0703-017 Public Hearing - Wireless Communications Zoning Code Amendment 06-
0003 and Adoption of an Ordinance Amending Section 24-262 of
Article V of Chapter 24 (Zoning) of the Butte County Code -
approval is requested to amend Butte County Code Section 24-262
regarding wireless telecommunications facilities consistent with
the requirements of Government Cade sections 65850.6 and 65964.
The Planning Commission held a public hearing on November 30, 2006
and recommends approval to the Board -action requested - FIND
PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AS
DETAILED IN THE AGENDA REPORT AND ADOPT ORDINANCE AND AUTHORIZE
THE CHAIR TO SIGN. {FROM 1-9-07 [3.27]) AND {FROM 1-23-07 [3.12])
PUBLIC HEARING OPENED: 12:31 P.M.
PUBLIC HEARING CLOSED: 12:32 P.M.
MOTION: I MOVE TO FIND PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT AS DETAILED IN THE AGENDA REPORT AND ADOPT ORDINANCE
AND AUTHORIZE THE CHAIR TO SIGN.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {MOTION CARRIED UNANIMOUSLY)
PysLlc COI~ENT ( 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.
CLOSED SESSION
0703-018 THE BOARD RECESSED AT 12:33 P.M TO CLOSED SESSION CONFERENCE
REGARDING:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54956.8:
PROPERTY: APN 007-240-078
AGENCY NEGOTIATOR: BILL CURRY, DIRECTOR-GENERAL SERVICES
NEGOTIATING PARTY: GREG JONES, CITY OF CHICO
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT;
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) LAKE OROVILLE
INTERVENTION (FERC PROJECT 2110);
PAGE. 2O FEBRUARY 13, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 13, 2007
CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54965.9 (c} THREE POTENTIAL
CASES; AND
PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING: GOALS,
PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. DIRECTOR OF PUBLIC WORKS
2. DIRECTOR OF PUBLIC HEALTH
3. DIRECTOR OF DEVELOPMENT SERVICES.
THE BOARD RECONVENED AT 2:15 P.M. FROM CLOSED SESSION CONFERENCE
REGARDING:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54956.8:
PROPERTY: APN 007-240-078
AGENCY NEGOTIATOR: BILL CURRY, DIRECTOR-GENERAL SERVICES
NEGOTIATING PARTY: GREG JONES, CITY OF CHICO
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT;
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a): LAKE OROVILLE
INTERVENTION {FERC PROJECT 2110};
CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54965.9 {C) THREE POTENTIAL
CASES; AND
PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING: GOALS,
PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. DIRECTOR OF PUBLIC WORKS
2. DIRECTOR OF PUBLIC HEALTH
3. DIRECTOR OF DEVELOPMENT SERVICES. (NO ANNOUNCEMENTS)
PUBLIC HEARINGS AND TIr~D ITEMS
0703-019 Work Session - Capital Improvement Program (CIP) - the
Administration staff gave a presentation to the Board on August
10, 2006 regarding efforts to improve the County process far
capital improvement, equipment and major maintenance budgeting,
and long term financial planning. Since that report, staff has
received input from County departments, facilities staff, and
outside experts and has analyzed needs, capacities, systems,
feasibility and opportunities in preparation for this work session
and for the drafting of the CIP report. The results and
preliminary facility recommendations from six months of research
and analysis will be presented and discussed in an effort to
encourage feedback from the Board and others interested in this
effort in order to assist in drafting a CIP that best addresses
the service infrastructure needs of Butte County - action
requested - HOLD A WORK SESSION ON THE CIP; RECEIVE BACKGROUND
INFORMATION; SOLICIT INPUT FROM THE PUBLIC AND COUNTY DEPARTMENTS;
AND PROVIDE FEEDBACK TO ADMINISTRATION STAFF PRIOR TO PREPARATION
OF A DRAFT CIP DOCUMENT. {***1391)(***2416}{****1)
PAGF. 2I I+'EBRUARY 13, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
PRESENTATION BY GREG ITURRIA, DEPUTY CHIEF ADMINISTRATIVE OFFICER.
THE BOARD REQUESTED FOR THE FINAL DRAFT OF THE CIP BE BROUGHT BACK
BEFORE THE BOARD BEFORE IT IS PRESENTED TO THE PLANNING
COMMISSION. THE BOARD REQUESTED MORE DETAILS REGARDING
CONTRACTING SERVICES, MORE ANALYSIS ON TIER 1 PROJECTS, AND A MORE
SPECIFIC TIME LINE FOR WHAT IS POSSIBLE IN TIER 1. THE BOARD
DIRECTED STAFF TO RETURN WITH AN UPDATE AT THE MARCH 27, 2007
BOARD MEETING.
Recess at 4:10 p.m. as the Butte County Board of Supervisors and
Convene as the Butte County Public Facilities Financing
Corporation Board of Directors
PAGF, 22 FEBRUARY 13, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
BUTTE COUNTY PUBLIC FACILITIES FINANCING CORPORATION
MINUTES
FEBRUARY 1.3 , 2 O 0 ?
Called to Order at 4:10 p.m. in the Board of Supervisors Room, 25
County Center Drive, Oroville. Board members present: Connelly,
Josiassen, Yamaguchi, Kirk and Dolan. Also present: Kathleen
Moghannam, Deputy Clerk.
0701-001 Approval of Minutes - action requested - APPROVE MINUTES OF
FEBRUARY 14, 2006.
MOTION: I MOVE TO APPROVE THE MINUTES OF FEBRUARY 14, 2006.
2 M
VOTE: 1 Y 2 Y 4 Y 5 Y (MOTION CARRIED 4-0; SUPERVISOR KIRK ABSTAINED)
0701-002 Appointment of New Officers - action requested - APPOINT OFFICERS
AS FOLLOWS: PRESIDENT - CHAIR DOLAN; VICE PRESIDENT - VICE CHAIR
YAMAGUCHI; SECRETARY/TREASURER - IMMEDIATE PAST PRESIDENT
SUPERVISOR JOSIASSEN; AND LESSEE REPRESENTATIVES - DICK PUELICHER,
LINDA BARNES AND PEGGY MOAK.
MOTION: I MOVE APPOINT OFFICERS AS FOLLOWS: PRESIDENT - CHAIR DOLAN; VICE
PRESIDENT - VICE CHAIR YAMAGUCHI; SECRETARYITREASURER - IMMEDIATE
PAST PRESIDENT SUPERVISOR JOSIASSEN; AND LESSEE REPRESENTATIVES -
DICK PUELICHER, LINDA BARNES AND PEGGY MOAK.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY}
Public Continent (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 is
prohibited from taking action on any item not listed on the
agenda.
Other Business (NONE)
Adjournment
Adjourned at 4:12 p.m. as the Butte County Public Facilities
Financing Corporation Board of Directors and reconvene as the
Board of Supervisors.
PAGE 23 FEBRUARY 13, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 13, 2007
CHAIR DOLAN ANNOUNCED THAT THE BOARD UNANIMOUSLY VOTED TO A THREE
YEAR CONTRACT WITH THE DIRECTOR OF PUBLIC WORKS, MIKE GRUMP.
An.7ouxtar~rrr THERE BEING NO FURTHER BUSINESS BEFORE
THE BOARD, THE MEETING WAS ADJOURNED
AT 5:50 p.m., TO RECONVENE AT A
REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, FEBRUARY 27, 2007, AT
9:00 A.M.
JANE DOLAN, CHAIR
ATTEST:
Paul McIntosh, Chief Administrative
Officer and Clerk of the Board
BY:
PncE 25 FEBRUARY 13, 2007