HomeMy WebLinkAboutM022806BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 28, 2006
CALL TO ORDER
Called to order at 9:09 a.m. in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Connelly, Dolan, Houx, Yamaguchi, and Chair
Josiassen. Also present: Starlyn Brown, Assistant 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.
0 605 -0 01 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
1. Zoning Boundary Correction (APN 047-710-001) - approval is
requested for a zoning boundary correction for APN 047-710-
001. A zoning boundary is located between the SR-1/PD
(Suburban Residential - 1 acre minimum parcel size/Planned
Development) and the OS/PD (Open Space/Planned Development)
zones on the property. The applicable Rezone and Specific
Plan Amendment approved on the property (Ordinances 3462 and
3463) indicate that the SR-1/PD zone was to include 126.1
acres and the OS/PD zone was to include 103.1 acres. When
area amounts were calculated for these areas based on the
Official County Zoning Map, they did not equal the required
acreages. To correct the problem new legal descriptions have
been written to provide for the correct acreages. The new
legal descriptions would allow for a correction to the
Official County Zoning Map - action requested - APPROVE THE
CORRECTED LEGAL DESCRIPTIONS FOR ORDINANCES 3462 AND 3463 AS
DETAILED IN THE AGENDA REPORT; AMEND THE M-1 ZONE BOUNDARY
LINE ADJACENT TO MUD CREEK; AND INSTRUCT STAFF TO SHOW THESE
CORRECTIONS ON THE OFFICIAL BUTTE COUNTY ZONING MAP.
MINUTES
PacE 1 FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 28, 2006
0605-001 2. Resolution for Summary Vacation for a Water Pipeline Right
of Way from the Miocene Canal to the Old County Infirmary -
the department has received a developer request to vacate an
old water pipeline Right of Way traversing a parcel (APN 031-
030-031) located within the City of Oroville. The right of
way was granted to the County in 1886 to provide water to the
County infirmary. The pipe no longer exists and the old
infirmary building is currently serviced by the Thermalito
Irrigation District and an on-site well. The Thermalito
Irrigation District, Butte County General Services, Butte
County Facilities Services, and Butte County Water and
Resource Conservation have no objections to the vacation of
this water pipeline right of way. The developer has been
advised to work with the City of Oroville to vacate any
public interest that may exist within the incorporated area -
action requested - FIND THAT THE WATER PIPELINE RIGHT OF WAY
DESCRIBED IN THE RESOLUTION FOR SUMMARY VACATION FOR A WATER
PIPELINE RIGHT OF WAY FROM THE MIOCENE CANAL TO THE OLD
COUNTY INFIRMARY IS NO LONGER NECESSARY OR REQUIRED; ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE
QUITCLAIM DEED AND AUTHORIZE THE CHAIR TO SIGN.
AT THE REQUEST OF THE PUBLIC WORKS DEPARTMENT, THIS ITEM
REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR
ACTION. THIS ITEM WILL RETURN ON A SUBSEQUENT AGENDA.
CONSENT AGENDA
0605-002 1. Fixed Asset Purchase and Budget Transfer - approval is
requested to transfer $99,632 between department budget line
items to provide the appropriation needed to fund a remodel
(Phase II) of the office space located at 592 Rio Lindo
Avenue, Chico. The project will include the construction of
a new office, patio entrance area, cabinets, counter tops,
doors, locks and painting. Board approval is also requested
for the purchase of fixed asset items needed for the
project - action requested - APPROVE BUDGET TRANSFER B-267
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND
APPROVE THE FIXED ASSET PURCHASE OF EQUIPMENT FOR THE
PROJECT.
2. Tamara Miller - approval is requested for an agreement with
Tamara Miller for consulting services to prepare the State
Revolving Fund Loan Application associated with the Chico
Urban Area Nitrate Compliance Plan. The term of the
agreement is February 1, 2006, through February 1, 2007, with
a maximum amount payable of $78,268 (County Service Area
No. 114 budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
MINUTES PAGE 2 FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 28, 2006
0605-002 3. Ratification of Tentative Agreement - Butte County Employees'
Association - on February 15, 2006, the members of the Butte
County Employees' Association voted to ratify an agreement
with Butte County for an amendment to their existing
Memorandum of Understanding implementing the classification
and compensation study and splitting the cost of medical
insurance premium increases 50/50. The agreement
implementing salary changes will be presented to the Board
on March 14, 2006, but Board authority is requested to
implement the medical insurance premium aspect of the
agreement based upon this ratification - action requested -
AUTHORIZE IMPLEMENTATION OF THE MEDICAL INSURANCE PREMIUM
AGREEMENT AS RATIFIED BY THE BUTTE COUNTY EMPLOYEES'
ASSOCIATION.
4. Authority to Proceed with Real Property Purchase - on
February 14, 2006, the Board approved negotiation of the
purchase of 492 and 554 Rio Lindo Avenue, Chico. The
property will be utilized for a Veterans Memorial Hall and
adjacent public parking. Approval is requested to proceed
with the purchase, subject to the provisions of Government
Code Section 25350 - action requested - AUTHORIZE STAFF TO
PROCEED WITH THE PURCHASE AND RELATED FINANCING THROUGH FIRST
MUNICIPAL LEASING CORPORATION FOR 492 AND 554 RIO LINDO
AVENUE, CHICO, SUBJECT TO THE PROVISIONS OF GOVERNMENT CODE
SECTION 25350, AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER
TO EXECUTE ALL NECESSARY ESCROW CLOSING AND FINANCING
DOCUMENTS.
5. Resolution to Amend the Existing Revolving Fund and to Expand
its Use as a Deposit and Remittance Revolving Fund - approval
is requested to expand the current use of a department
account in preparation of the transfer of collection and
disbursement duties to the State Disbursement Unit. The
proposed expansion of the revolving fund will accommodate the
anticipated increase in the number of deposits and checks
being written in a single month - action requested - ADOPT
RESOLUTION 06-032 AND AUTHORIZE THE CHAIR TO SIGN.
6. Private Industry Council, Inc. - Amendment - approval is
requested for an amendment to the sublease agreement with the
Private Industry Council, Inc., for office space in the
facility located at 78 Table Mountain Boulevard, Oroville.
The amendment reduces the space leased from 1268 square feet
to 108 square feet effective March 1, 2006, and reduces the
rental payment amount to reflect the revised square footage.
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. X10773)
MINUTES
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 28, 2006
0605-002 7. Adoption of an Ordinance Amending Section 21-50 of Article
IV of Chapter 21 of the Butte County Code - approval is
requested for an ordinance which will amend the Butte County
Code to clarify the jurisdiction of the Assessment Appeals
Board relating to change of ownership disputes - action
requested - ADOPT ORDINANCE 3928 AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 2-14-06 [3.12])
8. Approval of Minutes - action requested - APPROVE MINUTES OF
FEBRUARY 14, 2006.
9. Relief of Accountability - approval is requested for relief
of accountability for a fixed asset computer (fixed asset no.
24662), office view scanner (fixed asset no. 24779), and a
fixed asset net server (fixed asset no. 25404). The
equipment was inadvertently sent to surplus without proper
documentation. The District Attorney and Auditor-Controller
have reviewed the request - action requested - GRANT RELIEF
OF ACCOUNTABILITY.
10. Oroville City Elementary School District - the District
submits Resolution No. 05-06-07, ordering a school bond
election, establishing specifications of the election order
and requesting consolidation of the election with the
statewide Primary Election to be held June 6, 2006. School
districts may seek approval of general obligation bonds and
levy an ad valorem tax to repay those bonds upon a 55o vote
of those voting on the measure - action requested - APPROVE
CONSOLIDATION.
11. Marysville Joint Unified School District - the District
submits a proposed resolution ordering a school bond
election, establishing specifications of the election order
and requesting consolidation of the election with the
statewide Primary Election to be held June 6, 2006. School
districts may seek approval of general obligation bonds and
levy an ad valorem tax to repay those bonds upon a 55o vote
of those voting on the measure - action requested - APPROVE
CONSOLIDATION PENDING ADOPTION OF THE RESOLUTION BY THE
MARYSVILLE JOINT UNIFIED SCHOOL DISTRICT BOARD OF TRUSTEES
ON FEBRUARY 28, 2006, AND SUBMISSION OF ALL REQUIRED
DOCUMENTS TO THE CLERK-RECORDER/REGISTRAR OF VOTERS.
12. Butte County Board of Education Governing Board - the Board
of Education submits Order of Election, Resolution No. 06-07
and Resolution No. 06-08, regarding the election of governing
Board members, and requesting consolidation of the election
with the statewide Primary Election to be held June 6, 2006.
To be elected are two members to fill the seats of Trustee
Area 2 for four year terms, and one member to fill the seat
of Trustee Area 3 for a four year term - action requested -
APPROVE CONSOLIDATION.
MINUTES
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 28, 2006
0605-002 13. Budget Transfer - approval is requested to transfer $3,543
from the Abandoned Vehicle Abatement Joint Powers Authority
fund to the department's budget to provide the appropriation
needed for an amendment to the agreement with Tittle &
Company LLP, for the provision of mandatory auditing services
for the Joint Powers Authority - action requested - APPROVE
BUDGET TRANSFER B-268 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT .
14 . ABC Nick's Pioneer Towing - Amendment - approval is requested
for an amendment to the agreement with ABC Nick' s Pioneer
Towing for the provision of towing services for the Abandoned
Vehicle Abatement Program. The amendment increases the
maximum amount payable by $25,000 (Abandoned Vehicle
Abatement Program budget), and revises the agreement's
exhibits to reflect the increase. 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.
15. El Medio Fire Protection District - approval is requested for
a cooperative agreement with the El Medio Fire Protection
District for the County's provision of dispatch services for
the District. The term of the agreement is July 1, 2005,
through June 30, 2007, with the District to be billed at the
rate of $36.00 per call - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
R40829)
16. Release Prior Year Encumbered Funds - approval is requested
to unencumber prior fiscal year HR 2389 (Secure Rural Schools
and Community Self-Determination Act of 2000) funds in the
amount of $900.79. The unexpended prior year funds will by
used in the current fiscal year to maintain the wood chipper
utilized in the Butte Fire Safe Council's chipper program -
action requested - APPROVE BUDGET TRANSFER B-269 (4/5 vote
required) RELEASING PRIOR YEAR ENCUMBERED FUNDS AND ACCEPTING
AND APPROPRIATING THE FUNDS INTO THE CURRENT FISCAL YEAR
BUDGET AS DETAILED IN THE AGENDA REPORT.
MINUTES
PacE 5 FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 28, 2006
0605-002 17. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: DEVELOPMENT SERVICES - deletes 1 position of
Chief Building Inspector. Adds 1 position of Building
Official Assistant. PUBLIC WORKS - deletes 1 position of
Supervisor, Fleet Services. Adds 1 position of Manager,
Fleet Services, retroactive to October 8, 2005. SALARY PLAN
FOR CLASSIFIED POSITIONS, REFERENCE F, MANAGEMENT,
CONFIDENTIAL AND SUPERVISORY (BCMEA) UNIT - deletes the
salary classifications of Chief Building Inspector and
Supervisor, Fleet Services. Adds the classifications of
Building Official Assistant and Manager, Fleet Services.
SALARY PLAN FOR CLASSIFIED POSITIONS, REFERENCE K, NON-
REPRESENTED CLASSIFICATIONS - revises the salary range for
the position of Manager, Labor Relations and Benefits from
Range 60 to Range 64 - action requested - ADOPT RESOLUTION
06-033 AND AUTHORIZE THE CHAIR TO SIGN.
18. Advanced Step Hire - pursuant to Personnel Rule 11.5(b), the
Public Health Department is requesting the Board approve the
Advanced Step Hire of a Director-Environmental Health
candidate to step 6 of the salary range based on education
and experience - action requested - APPROVE ADVANCED STEP
HIRE OF DIRECTOR-ENVIRONMENTAL HEALTH CANDIDATE TO STEP 6 OF
THE SALARY RANGE.
19. Advanced Step Hire - pursuant to Personnel Rule 11.5(b), the
Human Resources Department is requesting the Board approve
the Advanced Step Hire of a Manager, Labor Relations and
Benefits candidate to step 5 of the salary range based on
education and experience - action requested - APPROVE
ADVANCED STEP HIRE OF MANAGER, LABOR RELATIONS AND BENEFITS
CANDIDATE TO STEP 5 OF THE SALARY RANGE.
20. Butte County Library Advisory Board - action
requested - APPOINT JOHN E. FEW TO A VACATED TERM TO END
DECEMBER 31, 2006.
21. Esplanade Furniture - approval is requested for a purchase
agreement with Esplanade Furniture for the fixed asset
purchase of modular office furniture in the amount of
$40,606. Funding for the agreement is available within the
department's current appropriations and Board approval is
also requested for a transfer of funds between department
budget line items to provide the appropriation needed for the
purchase - action requested - APPROVE FIXED ASSET PURCHASE
OF OFFICE FURNITURE; APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-270 ADJUSTING
BUDGET LINE ITEMS AS DETAILED IN THE AGENDA REPORT.
MINUTES
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 28, 2006
0605-002 22. Linda Lewis - Amendment - approval is requested for a sole
source amendment to the agreement with Linda Lewis for the
provision of epidemiology services to support the
Bioterrorism Preparedness Plan. The amendment extends the
term of the agreement through August 30, 2006, increases the
maximum amount payable by $31,000 (Bioterrorism Grant funds),
increases the hourly rate payable by $6 per hour for the
period of March 1, 2006, through August 30, 2006, and revises
the agreement's attachments to reflect the changes. 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. X15478)
23. RBF Consulting - approval is requested for an agreement with
RBF Consulting for an engineering analysis of the existing
Thermalito Master Drainage Plans and to prepare
recommendations for modifications to bring the plans into
conformance with environmental and County requirements and
constraints, recommend mitigation measures, prepare cost
estimates for drainage facilities construction, and prepare
an impact fee schedule for development in the drainage area.
The agreement is the result of a Request For Proposal. The
term of the agreement is 217 days from the date of notice to
proceed, with a maximum amount payable of $224,875. Funding
for the agreement is available from the Thermalito Drainage
Trust, and Board approval is also requested for a transfer
of trust funds to provide the appropriation needed for the
agreement. The City of Oroville has agreed to share the cost
of the agreement based on the percentage of study area within
the City limits - action requested - APPROVE AGREEMENTS AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET
TRANSFER B-271 (4/5 vote required) ACCEPTING AND
APPROPRIATING TRUST FUND REVENUE AS DETAILED IN THE AGENDA
REPORT .
24. Introduction of an Ordinance Establishing Speed Limits on
Certain Roads Within the County of Butte - approval is
requested for an ordinance which will establish speed limits
on roads within the County of Butte as follows: 1. Biggs
Avenue (County Road No. 26455-E) from Eighteenth Street to
Twelfth Street, in Thermalito, 25 miles per hour; 2. White
Avenue (County Road No. 058205-Q) from East Avenue to the
Chico city limits, in north Chico, 25 miles per hour; and 3.
Turner Avenue (County Road No. 04385-D) from State Highway
99 to Larkin Road, south of Gridley, 40 miles per hour -
action requested - WAIVE READING OF THE ORDINANCE.
MINUTES
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 28, 2006
0605-002 25. Resolution for Summary Vacation of a Public Utility Easement
(A Public Utility Easement in Lot 1, Carriage Manor
Subdivision) - the department has received a landowner
request to vacate a Public Utility Easement encumbering the
west 20 feet of their parcel located at 2606 Phaeton Drive,
Oroville (APN 079-200-001). The easement was created in 1978
by dedication on the map of the Carriage Manor Subdivision.
The Planning Commission approved the request at its meeting
of February 9, 2006, and the proposal has been reviewed and
approved by the local and franchise utility companies -
action requested - FIND THAT THE PUBLIC UTILITY EASEMENT
DESCRIBED IN THE RESOLUTION FOR SUMMARY VACATION OF A PUBLIC
UTILITY EASEMENT IS NO LONGER NECESSARY OR REQUIRED; AND
ADOPT RESOLUTION 06-034 AND AUTHORIZE THE CHAIR TO SIGN.
26. Gravel Road Selection Criteria for Annual Air Quality
Management District Grant Funding - approval is requested for
the proposed priority ranking of gravel roads to be selected
for resurfacing utilizing Air Quality Management District
grant funding - action requested - REVIEW THE REMAINING ROADS
INDICATED AS TOP CANDIDATES FOR PAVING FROM THE LIST OF
GRAVEL ROADS OF HIGHEST CONCERN AS DETERMINED IN FISCAL YEAR
2003-2004; SELECT SWEDES FLAT ROAD AS THE GRAVEL ROAD TO BE
RESURFACED UTILIZING AIR QUALITY MANAGEMENT DISTRICT GRANT
FUNDING FOR FISCAL YEAR 2005-2006; AND DIRECT PUBLIC WORKS
TO MAKE APPLICATION FOR THE $50,000 AVAILABLE IN AIR QUALITY
MANAGEMENT DISTRICT FUNDS TO CHIP SEAL AN APPROXIMATE 0.60
MILE SECTION OF THE SELECTED GRAVEL ROAD.
27. Patrol Room Remodel - approval is requested to transfer
$26,500 from the Sheriff's Impact Fees account and $3,850
from the Rural County Supplemental Funding account to the
department's budget to provide the appropriations needed to
complete the funding for the South County Patrol Room remodel
project. The department initially transferred $29,393 for the
project, but final construction bids resulted in a need for
an additional $19,350 for construction and $11,000 for
computers, printers, cabling, telephones and furnishings -
action requested - APPROVE BUDGET TRANSFER B-274 (4/5 vote
required) ACCEPTING AND APPROPRIATING $26,500 FROM SHERIFF
IMPACT FEES AND $3,850 FROM THE RURAL COUNTY SUPPLEMENTAL
FUND AS DETAILED IN THE AGENDA REPORT.
28. Methamphetamine Prevention Outreach Program Budget Transfer -
approval is requested to transfer $1,300 from the Drug and
Gang Activity Education Trust Fund to the department's budget
to provide the appropriation to purchase materials for the
Methamphetamine Prevention Outreach Program - action
requested - APPROVE BUDGET TRANSFER B-275 (4/5 vote required)
ACCEPTING AND APPROPRIATING TRUST FUND REVENUE AS DETAILED
IN THE AGENDA REPORT.
MINUTES
PacE 8 FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 28, 2006
0605-002 29. Ceiling Tiles Security Budget Transfer - approval is
requested for a transfer of $8,110 from the Inmate Welfare
Fund to provide the appropriation needed to construct and
install a mechanism to secure ceiling tiles in the Jail. The
mechanism will prevent the tiles from being lifted by inmates
in the facility - action requested - APPROVE BUDGET TRANSFER
B-273 (4/5 vote required) ACCEPTING AND APPROPRIATING INMATE
WELFARE FUNDS AS DETAILED IN THE AGENDA REPORT.
30. Public Auction Sale of Tax-Defaulted Properties - approval
is requested, pursuant to Revenue and Taxation Code Section
3698, to sell at public auction, via the Internet, tax-
defaulted properties which are subject to the power of sale
for a stated minimum price. Approval is also requested,
pursuant to Revenue and Taxation Code Section 3698.5, to re-
offer any unsold parcels at the end of the auction - action
requested - APPROVE REQUEST TO SELL AND RE-OFFER TAX-
DEFAULTED PROPERTIES SUBJECT TO THE POWER OF SALE AS DETAILED
IN THE AGENDA REPORT AND AUTHORIZE THE CHAIR TO SIGN APPROVAL
STATEMENT.
31. Monthly Investment Report - submitted is the Monthly
Investment Report dated January 31, 2006, in accordance with
the Statement of Investment Policy dated July 1, 2005 -
action requested - ACCEPT FOR INFORMATION.
32. Kennedy/Jenks Consultants, Inc. - on December 13, 2005, the
Board approved an agreement with Kennedy/Jenks Consultants,
Inc., for the development of a Basin Management Objectives
Information Center. The agreement provided for an
implementation time for the Center of eight months from the
start of Phase I, with a maximum amount payable of $70,000
(grant funds). Subsequent to that approval it was discovered
that the agreement form used was an out of date standard
form. The department has replaced the old form agreement
with the most recent standard format used and is requesting
the Board re-approve this agreement. The term and amount
payable remain the same - action requested - APPROVE REVISED
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL. (Contract No. X15837)
MINUTES
PacE 9 FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 28, 2006
0605-002 33. Resolution Continuing the Extension of the Trust Fund
Established Pursuant to Resolution 98-161 Governing the
Exchange of Property Taxes for the Dissolution of the Lime
Saddle Community Services District Through March 7, 2009 -
approval is requested for a resolution which will extend the
term of the trust fund governing the exchange of property
taxes for the dissolution of the Lime Saddle Community
Services District until March 7, 2009, to allow for the trust
funds to be considered for use during the construction of the
two-mile pipeline for the benefit of Lime Saddle residents -
action requested - ADOPT RESOLUTION 06-035 AND AUTHORIZE THE
CHAIR TO SIGN. (83)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS
3.13 AND 3.27.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
REGULAR AGENDA
0605-003 Resolution of Appreciation to Supporters of the Ninth Annual
Community Wide True Love Waits Campaign - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (102)
MOTION: I MOVE TO ADOPT RESOLUTION 06-036 AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PRESENTATION OF A RESOLUTION OF APPRECIATION BY CHAIR JOSIASSEN TO
STUDENT REPRESENTATIVES FROM AREA SCHOOLS PARTICIPATING IN THE
TRUE LOVE WAITS CAMPAIGN.
0605-004 Boards, Commissions and Committees. (272)
1. Appointments to Listed Vacancies. (NONE)
2. Board Member or Committee Reports.
SUPERVISOR CONNELLY REPORTED ON A SUBCOMMITTEE MEETING WITH THE
CITY OF OROVILLE REGARDING THE VETERANS' MEMORIAL.
SUPERVISOR YAMAGUCHI REPORTED THAT BRENT HARRINGTON IS RETIRING AS
PRESIDENT AND CEO OF THE REGIONAL COUNCIL OF RURAL COUNTIES AND
GREG NORTON, EXECUTIVE VICE PRESIDENT, WILL REPLACE HIM. THE
BOARD WAS ADDITIONALLY INFORMED THAT THE SIERRA NEVADA CONSERVANCY
HAS SELECTED AUBURN AS THEIR TEMPORARY HEADQUARTERS.
SUPERVISOR JOSIASSEN REPORTED ON THE NORTHERN CALIFORNIA WATER
ASSOCIATION'S ANNUAL MEETING AND DISCUSSIONS WITH THE GOVERNOR
REGARDING THE GOVERNOR'S PROPOSED INFRASTRUCTURE BOND PROGRAM.
MINUTES PAGE 10 FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 28, 2006
0605-005 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (458) STARLYN BROWN, ASSISTANT CHIEF
ADMINISTRATIVE OFFICER, INFORMED THE BOARD THAT THE COUNTY'S
FEDERAL ENERGY REGULATORY COMMISSION (FERC) RELICENSING REPORTS
HAVE BEEN DISTRIBUTED TO VARIOUS AGENCIES AND A MEETING WILL BE
SET FOR FOLLOW-UP DISCUSSIONS. THE BOARD WAS ALSO INFORMED THAT
BUDGET HEARINGS BEGIN IN SACRAMENTO NEXT WEEK, AND WAS PROVIDED AN
UPDATE ON SB 1024 REGARDING INFRASTRUCTURE BONDS.
0605-006 Resolution Honoring Butte County Employees for Dedicated Years of
Service - presentation of awards to employees with 30 and 35 years
of service to the County of Butte - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND PRESENT AWARDS TO
EMPLOYEES WITH 30 AND 35 YEARS OF SERVICE. (534)
MOTION: I MOVE TO ADOPT RESOLUTION 06-037 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PRESENTATIONS OF RESOLUTION AND AWARDS TO EMPLOYEES WITH 30 AND 35
YEARS OF SERVICES.
0605-007 Deer Herd Winter Range Protection Policy - Report to the Board -
presentation to the Board by the California Department of Fish and
Game regarding the County's Deer Herd Winter Range Protection
Policy and its affect on land development and parcel size
restrictions in eastern Butte County - action requested - ACCEPT
FOR INFORMATION. (747)
PRESENTATION TO THE BOARD BY HENRI LOMELI, BIOLOGIST, STATE OF
CALIFORNIA, DEPARTMENT OF FISH AND GAME.
MOTION: I MOVE TO ACCEPT THE REPORT FOR INFORMATION.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 9:55 A.M.
RECONVENE : 1 O: O 9 A. M.
MINUTES PacE ll FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 28, 2006
REGULAR AGENDA
0605-008 Transportation Congestion Improvement Act (Proposition 42) Funds
and Purchase of Equipment - consideration of the acceptance of
State Proposition 42 funds in the amount of $1,400,000, and the
allocation of $200,000 for the fixed asset purchase of road
equipment, and $1,200,000 to the Road and Bridge Construction
Fund - action requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE TO
FIXED ASSETS AND THE ROAD AND BRIDGE CONSTRUCTION FUND AS DETAILED
IN THE AGENDA REPORT. (1817)
MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-272 ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE TO FIXED ASSETS AND THE ROAD
AND BRIDGE CONSTRUCTION FUND AS DETAILED IN THE AGENDA REPORT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0605-009 Purchase of Help America Vote Act (HAVA) Compliant Voting System -
consideration of an award of an agreement to Diebold Election
Systems, Inc., for AccuVote TSx Touchscreen voting equipment for
precinct voting and AccuVote-OS Optical Scan vote tabulators for
absentee voting, with related equipment and supplies, software,
hardware and support services for a total contract amount of
$3,224,187. Funding for the agreement will be provided by two
grants totaling $2,939,810, with the remaining $286,277 to be
charged to subsequent elections. The Clerk-Recorder will enter
into revenue agreements with the State of California for HAVA
funds and is also requesting Board approval of required budget
transfers related to the purchase of the equipment - action
requested - APPROVE FIXED ASSET PURCHASE OF VOTING EQUIPMENT AS
DETAILED IN THE AGENDA INFORMATION; APPROVE AND AWARD AGREEMENT TO
DIEBOLD ELECTION SYSTEMS, INC., SUBJECT TO MINOR CHANGES IN THE
TERMS AND SPECIFICATIONS, FOR A MAXIMUM OF $3,224,187, AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER; ADOPT A RESOLUTION AUTHORIZING THE
COUNTY CLERK-RECORDER TO EXECUTE AN AGREEMENT WITH THE STATE OF
CALIFORNIA FOR THE HELP AMERICA VOTE ACT (HAVA) SECTION 301 VOTING
SYSTEM PROGRAM IN THE AMOUNT OF $1,469,905.57 AND AUTHORIZE THE
CHAIR TO SIGN; AND APPROVE A BUDGET TRANSFER (4/5 vote required)
INCREASING APPROPRIATIONS FOR THE ELECTIONS DIVISION FISCAL YEAR
2005-2006 BUDGET BY $2,772,801 OFFSET BY GRANT REVENUE.
(2182)(**00)
MINUTES
PacE 12 FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
0605-009 MOTION:
S
VOTE : 1 Y 2 Y 3
RECESS: 11:25 A.M.
RECONVENE: 11:37 A.M.
PUBLIC HEARINGS AND TIMED ITEMS
0605-010 Public Hearing - Ballot Proceeding - Consideration of the
Establishment of an Increased Annual Service Charge in County
Service Area (CSA) No. 17 (Proposed Zone 2) That Would Include
Alley Maintenance Services Within a Newly Created Zone of Benefit
Known as Zone 2 - on December 13, 2005, the Board approved the
initiation of a property owner ballot proceeding to consider
increasing the annual per parcel service charge in a newly created
zone of CSA No. 17 (South Oroville/Las Plumas Park Lighting) to
provide alley maintenance services - action requested - OPEN
PUBLIC HEARING; REQUEST PROPERTY OWNER BALLOTS; CLOSE HEARING;
REQUEST BALLOT RESULTS FROM CLERK; IF A MAJORITY VOTE IS RECEIVED
IN FAVOR OF THE INCREASE, DIRECT THAT BEGINNING IN FISCAL YEAR
2006-2007, THE NEW MAXIMUM PER PARCEL SERVICE CHARGE WILL BE
$20.50 WITHIN ZONE 2, COUNTY SERVICE AREA NO. 17; IF THERE IS A
MAJORITY VOTE NOT TO INCREASE THE MAXIMUM PER PARCEL SERVICE
CHARGE WITHIN ZONE 2, DIRECT THAT SUCH INCREASE WILL NOT BE
ESTABLISHED AND THE MAXIMUM PERMISSIBLE PER PARCEL CHARGE WILL
REMAIN $10.50 AS PREVIOUSLY DETERMINED. (FROM 12-13-05 [5.01])
(**1366)
PUBLIC HEARING OPENED: 11:37 .a..M. PUBLIC HEARING CLOSED: 11:40 .a..M.
TOTAL BALLOTS IN FAVOR: 245 TOTAL BALLOTS OPPOSED: 148
TOTAL BALLOTS ABSTAINED: 11
MAJORITY BALLOTS IN FAVOR OF INCREASE.
I MOVE TO APPROVE THE FIXED ASSET PURCHASE OF VOTING
EQUIPMENT AS DETAILED IN THE AGENDA INFORMATION;
APPROVE AND AWARD AGREEMENT TO DIEBOLD ELECTION
SYSTEMS, INC., SUBJECT TO MINOR CHANGES IN THE TERMS
AND SPECIFICATIONS, FOR A MAXIMUM OF $3,224,187, AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; ADOPT RESOLUTION
06-038 AUTHORIZING THE COUNTY CLERK-RECORDER TO EXECUTE
AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE HELP
AMERICA VOTE ACT (HAVA) SECTION 301 VOTING SYSTEM
PROGRAM IN THE AMOUNT OF $1,469,905.57 AND AUTHORIZE
THE CHAIR TO SIGN; AND FURTHER MOVE TO APPROVE BUDGET
TRANSFER B-276 INCREASING APPROPRIATIONS FOR THE
ELECTIONS DIVISION FISCAL YEAR 2005-2006 BUDGET BY
$2,772,801, OFFSET BY GRANT REVENUE.
M
N 4 Y 5 Y (Motion Carried)
MINUTES -FEBRUARY 28, 2006
BOARD DIRECTION THAT BEGINNING IN FISCAL YEAR 2006-2007, THE NEW
MAXIMUM PER PARCEL SERVICE CHARGE WILL BE $20.50 WITHIN ZONE 2,
COUNTY SERVICE AREA NO. 17
MINUTES
PAGE 13
FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 28, 2006
0605-011 Public Hearing - Gate Fees Chargeable at the Neal Road Landfill -
consideration of an ordinance amending Chapter 3, Article VII,
entitled Gate Fees Chargeable at the Neal Road Landfill, relating
to fees for disposal of solid waste - action requested - OPEN
HEARING AND CONTINUE OPEN TO MARCH 14, 2006; AND DIRECT STAFF TO
SCHEDULE A WORKSHOP WITH THE BOARD OF SUPERVISORS TO CONSIDER
LONG-TERM SOLUTIONS TO CAPITAL REQUIREMENTS OF THE NEAL ROAD
LANDFILL. (**1564)
PUBLIC HEARING OPENED AT 11:43 A.M. AND CONTINUED OPENED TO
MARCH 14, 2006, AT 11:15 A.M.
0605-012 Items Removed from the Consent Agenda for Board Consideration and
Action. (**1981)
1. Zoning Boundary Correction (APN 047-710-001) - approval is
requested for a zoning boundary correction for APN 047-710-
001. A zoning boundary is located between the SR-1/PD
(Suburban Residential - 1 acre minimum parcel size/Planned
Development) and the OS/PD (Open Space/Planned Development)
zones on the property. The applicable Rezone and Specific
Plan Amendment approved on the property (Ordinances 3462 and
3463) indicate that the SR-1/PD zone was to include 126.1
acres and the OS/PD zone was to include 103.1 acres. When
area amounts were calculated for these areas based on the
Official County Zoning Map, they did not equal the required
acreages. To correct the problem new legal descriptions have
been written to provide for the correct acreages. The new
legal descriptions would allow for a correction to the
Official County Zoning Map - action requested - APPROVE THE
CORRECTED LEGAL DESCRIPTIONS FOR ORDINANCES 3462 AND 3463 AS
DETAILED IN THE AGENDA REPORT; AMEND THE M-1 ZONE BOUNDARY
LINE ADJACENT TO MUD CREEK; AND INSTRUCT STAFF TO SHOW THESE
CORRECTIONS ON THE OFFICIAL BUTTE COUNTY ZONING MAP.
MOTION: I MOVE TO APPROVE THE CORRECTED LEGAL DESCRIPTIONS FOR ORDINANCES
3462 AND 3463 AS DETAILED IN THE AGENDA REPORT; AMEND THE M-1 ZONE
BOUNDARY LINE ADJACENT TO MUD CREEK; AND INSTRUCT STAFF TO SHOW
THESE CORRECTIONS ON THE OFFICIAL BUTTE COUNTY ZONING MAP.
M S
VOTE: 1 Y 2 N 3 N 4 Y 5 Y (Motion Carried)
PUBLIC COM[IENT
0605-013 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. (**2038) (NONE)
MINUTES
PacE 14 FEBRUARY 28, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 28, 2006
CLOSED SESSION
0605-014 RECESSED: THE BOARD RECESSED AT 11:55 A.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) 1. LAKE OROVILLE
INTERVENTION (FERC PROJECT 2100); 2. BUTTE
COUNTY V. CHAPMAN (BUTTE SUPERIOR COURT CASE NO.
136519); A CONFERENCE WITH LEGAL COUNSEL
REGARDING INITIATION OF LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(c) ONE POTENTIAL
CASE; AND A CONFERENCE WITH LEGAL COUNSEL
REGARDING SIGNIFICANT EXPOSURE TO LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION
54956.9(b)(1): ONE POTENTIAL CASE. (**2057)
RECONVENED: THE BOARD RECONVENED AT 1:49 P.M. FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) 1. LAKE OROVILLE
INTERVENTION (FERC PROJECT 2100); 2. BUTTE
COUNTY V. CHAPMAN (BUTTE SUPERIOR COURT CASE NO.
136519); A CONFERENCE WITH LEGAL COUNSEL
REGARDING INITIATION OF LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(c) ONE POTENTIAL
CASE; AND A CONFERENCE WITH LEGAL COUNSEL
REGARDING SIGNIFICANT EXPOSURE TO LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION
54956.9(b)(1): ONE POTENTIAL CASE. (**2112) (NO
ANNOUNCEMENTS)
ADJOURNMENT THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 1:49 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, MARCH 14, 2006, AT 9:00 A.M.
CURT JOSIASSEN, CHAIR
ATTEST:
Paul McIntosh, Chief Administrative
Officer and Clerk of the Board
By:
MINUTES
PAGE 15
FEBRUARY 28, 2006