HomeMy WebLinkAboutM032205BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES - MARCH 22, 2005
Called to Order at 9:07 a.m., in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Connelly, Dolan, Houx, Josiassen, and Chair
Yamaguchi. 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. MOMENT OF SILENCE HELD IN
MEMORY OF MIKE MCENESPY, BUTTE COUNTY WATER COMMISSION.
CORRECTIONS AND~OR CHANGES TO THE AGENDA.
ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
0505-001
1. Butte County water Commission - the department has solicited
letters of interest for positions on the Butte County water
Commission since January 2005. One letter of interest has
been received for the Landowner-district water
representative - ACTION REQUESTED - APPOINT D.C. JONES,
LANDOWNER-DISTRICT WATER REPRESENTATIVE, TO A TERM TO END
MARCH 1, 2009.
AT THE REQUEST OF THE DEPARTMENT OF WATER AND RESOURCE
CONSERVATION, THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD
CONSIDERATION OR ACTION. THE ITEM WILL RETURN ON A SUBSEQUENT
AGENDA. (62)
CONSENT AGENDA
0505-002
MINUTES
1. Coalition of Urban/Rural Environmental Stewardship - Grant
Agreement - approval is requested for an agreement with the
Coalition of Urban/Rural Environmental Stewardship (CURES)
for $15,000 in grant funds to be used to upgrade the
department's computers and GIS systems. Funds are to be
expended no later than September 30, 2005 - action
requested - APPROVE GRANT AGREEMENT AND AUTHORIZE THE
DIRECTOR OF GENERAL SERVICES TO SIGN; APPROVE BUDGET TRANSFER
B-295 ACCEPTING AND APPROPRIATING GRANT FUNDS AS DETAILED IN
THE AGENDA REPORT; AND APPROVE ACQUISITION OF COMPUTER
HARDWARE AND SOFTWARE NEEDED TO COMPLY WITH THE PROVISIONS
OF THE GRANT AGREEMENT.
PacE 1 MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 22, 2005
0505-002 2. Establishment of Fund - approval is requested to establish
a fund necessary for implementation of Proposition 69, the
DNA Identification initiative. The initiative was passed at
the November 2, 2004, election and requires the funds
collected by the courts to be deposited into funds
established by the Board for that purpose - action
requested - ESTABLISH PENDING TRUST AND LOCAL SHARE TRUST
FUNDS AS DETAILED IN THE AGENDA REPORT; UPON APPROVAL OF THE
BOARD, AUTHORIZE THE AUDITOR-CONTROLLER TO MAKE REMITTANCES
AND PAYMENTS FOR COSTS TO THE STATE IN ACCORDANCE WITH THE
LAW; AND AUTHORIZE AND INSTRUCT THE AUDITOR-CONTROLLER TO
PREPARE THE ANNUAL REPORT REQUIRED AND SUBMIT THE REPORT TO
THE BOARD AND OTHER PARTIES AS REQUIRED BY LAW.
3. State of California, Department of Alcohol and Drug
Programs - approval is requested for a grant agreement with
the State of California, Department of Alcohol and Drug
Programs, for funding for the Comprehensive Drug Court
Implementation Program, Project Year 5. The award extends
funding through December 28, 2005, and provides a maximum
amount payable to the County for fiscal year 2004-2005 of
$70,296 - action requested - APPROVE NOTICE OF GRANT AWARD
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
4. State of California, Department of Alcohol and Drug
Programs - Amendment - approval is requested for an amendment
to the Grant Award Agreement with the State of California,
Department of Alcohol and Drug Programs, for funding for the
Comprehensive Drug Court Implementation Program, Project Year
4. The amendment extends the period of time the County can
expend fiscal year 2003-2004 funds to December 28, 2005. 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)
5. Cherokee Restoration Fellowship - Amendment - approval is
requested for an amendment to the agreement with Cherokee
Restoration Fellowship for the provision of long-term
residential drug and alcohol treatment services and
alcohol/drug free housing services for clients referred by
the department under the Drug Court and Substance Abuse Crime
Prevention Act programs. The amendment increases the maximum
amount payable by $19,055.25 (department budget), and adds
or revises agreement language regarding matching funds,
compensation and payment provisions. 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. X15129)
MINUTES
PacE 2 MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 22, 2005
0505-002 6. Linda Huffmon - Amendment - approval is requested for an
amendment to the agreement with Linda Huffmon for the
provision of professional consulting services in the areas
of program and procedural planning, grant planning and
preparation, First Chance Coalition planning and resource
development, and housing strategies for special needs
clients. The amendment increases the maximum amount payable
by $15,780 (department budget) for an additional 263 hours
of 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. X15039)
7. Tri-County Treatment - Amendment - approval is requested for
an amendment to the agreement with Tri-County Treatment for
the provision of short-term residential recovery services and
day-care rehabilitation services for clients referred under
the Drug Court, Substance Abuse Crime Prevention Act, and
CalWORKs programs. The amendment increases the maximum
amount payable by $41,373.50 (department budget) and adds or
revises agreement language regarding matching funds,
compensation and payment provisions. 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. X15079)
8. Skyway House - Amendment - approval is requested for an
amendment to the agreement with Skyway House for the
provision of long-term residential recovery services, day-
care rehabilitation services and drug/alcohol free housing
services for clients referred by the department under the
Substance Abuse Crime Prevention Act and ACCESS programs.
The amendment increases the maximum amount payable by $67,965
(department budget) and adds or revises agreement language
regarding matching funds, compensation and payment
provisions. 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. X15065)
9. Helios Health Care, LLC, d/b/a Chico Creek Care &
Rehabilitation - Amendment - approval is requested for an
amendment to the agreement with Helios Health Care, LLC,
d/b/a Chico Creek Care & Rehabilitation for the provision of
meals to patients at the Psychiatric Health Facility. The
amendment increases the maximum amount payable by $3,867.60
(department budget). All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X14997)
MINUTES
PacE 3 MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 22, 2005
0505-002 10. Computer Assisted Support Enforcement System (CASES)
Consortium - approval is requested for a Memorandum of
Understanding with the CASES Consortium for County
participation in the consortium. The consortium was
established to pool member counties' experience and knowledge
regarding the CASES system to maximize the system's accuracy
and usefulness in a fiscally responsible manner, and the
consortium serves as an area where member counties work
jointly to accomplish that purpose. The agreement will
commence upon execution of the agreement and will continue
until revoked, dissolution of the consortium, or until the
member county representative is no longer eligible to vote.
Included with the Memorandum of Understanding are the Bylaws
adopted by the Consortium - action requested - APPROVE
MEMORANDUM OF UNDERSTANDING AND ACCEPT BYLAWS AND AUTHORIZE
THE DIRECTOR OF CHILD SUPPORT SERVICES TO SIGN.
11. Local Government Omnibus Act of 2005 - Letter of Support -
approval is requested for a letter of support for the Local
Government Omnibus Act of 2005. County Counsel has proposed
an amendment to Government Code Section 66452.5 which
currently requires an appeal under that section to be
commenced within 30 days of the filing of the appeal. Due
to Board meeting schedules and holidays there are times when
no regular meeting occurs within that 30 days and a Special
Meeting is required to consider the appeal. The proposed
amendment would extend the requirement for commencement of
the hearing from 30 days to the next regular meeting at which
it could be noticed and heard, but not later than 60 days
after the filing of the appeal. The amendment has been
included as Section 10 of Senate Bill 966, the Local
Government Omnibus Act of 2005 - action requested - APPROVE
LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN.
12. Rutan & Tucker, LLP - approval is requested for an agreement
with Rutan and Tucker, LLP, for the provision of specialized
legal services in connection with the pending case involving
Pacific Gas and Electric. The term of the agreement is from
March 22, 2005, through completion of the case, with a hourly
compensation rate of $250 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY THE AUDITOR-CONTROLLER.
13. Notice of Partial Non-Renewal of Williamson Act Agreement -
Robert E. Allen/Rudolph J. Kopfer, by Duane and Donna Falk,
have submitted a Notice of Partial Non-Renewal-Land
Conservation Agreement for Assessor Parcel Number 039-610-
036, 10 +/- acres, Williamson Act Contract Instrument Number
39680, Official Records Book 2259, Pages 413 through 423 -
action requested - ACCEPT NOTICE OF PARTIAL NON-RENEWAL AND
DIRECT RECORDING OF NOTICE.
MINUTES
PacE 4 MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 22, 2005
0505-002 14. Resolution Declaring March 2005 as Social worker Month in the
County of Butte - action requested - ADOPT RESOLUTION 05-037
AND AUTHORIZE THE CHAIR TO SIGN.
15. Fire Station 42 Building Budget Transfer - approval is
requested for a transfer of $199,110 from the General Fund
Appropriation for Contingencies to the Fire Station 42
Capital Projects account to provide the funding necessary for
the purchase and installation of a new modular building on
the site to replace the existing obsolete modular that serves
as the residence and office space for the fire station -
action requested - APPROVE BUDGET TRANSFER B-296 ACCEPTING
AND APPROPRIATING $199,110 FROM THE GENERAL FUND
APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE AGENDA
REPORT.
16. Courthouse Expansion Project Budget Transfer - approval is
requested to accept and appropriate $51,380 received from the
Superior Court of California, County of Butte, to fund Change
Order Numbers 16 and 17, for modifications to construction
activities associated with the Courthouse Expansion Project -
action requested - APPROVE BUDGET TRANSFER B-297 ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
17. Donation to the Gridley Veterans' Memorial Hall - pursuant
to Government Code Section 25355, approval is requested to
accept an anonymous donation of authentic 1952 tires to
replace deteriorating tires on the artillery piece in front
of the Gridley Veteran's Memorial Hall - action requested -
ACCEPT DONATION, EXPRESSING THE BOARD'S APPRECIATION TO THE
ANONYMOUS DONOR.
18. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: ASSESSOR - deletes one flexibly staffed position
of Office Specialist/Office Assistant. Adds one flexibly
staffed position of Assessment Clerk, Senior/Assessment
Clerk/Office Specialist, Senior/Office Specialist/Office
Assistant. SHERIFF-CORONER - SERVICES - adds one position
of Deputy Sheriff (effective 4-1-05) PROBATION - JUVENILE
HALL - deletes one position of Administrative Assistant.
Adds one position of Administrative Assistant, Senior.
PUBLIC HEALTH - GENERAL SERVICES - deletes one position of
Administrative Assistant. Adds one position of
Administrative Assistant, Senior. SALARY PLAN FOR CLASSIFIED
POSITIONS, REFERENCE C, GENERAL UNIT CLASSIFICATIONS -
corrects the salary range for the position classification of
Public Health Assistant, Senior to $12.15-$14.77. SALARY
PLAN FOR CLASSIFIED POSITIONS, REFERENCE F, MANAGEMENT,
CONFIDENTIAL AND SUPERVISORY UNIT CLASSIFICATION - corrects
the salary range for the position classification of Surveyor,
Senior to $30.74-$37.37 - action requested - ADOPT RESOLUTION
05-038 AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PacE 5 MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 22, 2005
0505-002 19. Partners and Learning Program - Grant Application - approval
is requested to apply to the California State Library for
funds under the Library Services and Technology Act grant
programs to establish the Partners and Learning (PAL)
Program. The Library is applying for $95,000 to establish
the program that will enable Literary Services to begin
providing a tutoring program for school children in the
Oroville area - action requested - AUTHORIZE THE DIRECTOR OF
LIBRARIES TO APPLY FOR GRANT FUNDS.
20. Library Donations - pursuant to Government Code Section
25355, donations of $1,402.60 from the Chico Friends of the
Library, $1,391.20 from the Oroville Friends of the Library,
$1,100 from the Paradise Friends of the Library, $100 from
the Gridley Friends of the Library, $100 from Ruthmarie
Ferris of Oroville, and $100 from an anonymous donor, have
been received for the Butte County Trust Fund for the
purchase of books - action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
21. Equipment Purchase and Budget Transfer - approval is
requested for the fixed asset purchase of a Livescan
fingerprint machine for the Juvenile Hall. Recent
legislation requires finger and palm prints to be taken for
certain violent offenders, including juveniles. The
equipment currently in use is unable to take palm prints and
new equipment is needed to comply with the new requirements.
The cost of the Livescan machine is $40,529, and Board
approval is also requested to transfer funds from the
Criminal Justice Temporary Facilities Construction fund to
provide for the purchase - action requested - APPROVE FIXED
ASSET PURCHASE OF LIVESCAN MACHINE; AND APPROVE BUDGET
TRANSFER B-298 ACCEPTING AND APPROPRIATING UNANTICIPATED
FUNDS AS DETAILED IN THE AGENDA REPORT.
22. Edward Byrne Memorial Justice Assistance Grant - approval is
requested to apply to the United States Department of
Justice, Office of Justice Programs, Bureau of Justice
Assistance for funds under the Edward Byrne Memorial Justice
Assistance Grant program. The grant program allows local
government to support a broad range of activities to prevent
and control crime based on their own local needs and
conditions. The department can apply for a local allocation
of $21,912 and plans to use the funds to support community
corrections programs, education programs and drug treatment
programs - action requested - AUTHORIZE THE CHIEF PROBATION
OFFICER TO APPLY FOR GRANT FUNDS.
MINUTES
PacE 6 MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 22, 2005
0505-002 23. Drug Court Discretionary Grant - approval is requested to
apply to the United States Department of Justice, Office of
Justice Programs, Bureau of Justice Assistance for funds to
support programs that reduce recidivism and substance abuse
among nonviolent offenders, increase the offenders likelihood
of successful rehabilitation through early, continuous and
intense judicially supervised treatment, mandatory periodic
drug testing and community supervision, and implement the use
of appropriate sanctions and other rehabilitation services.
The department can apply for a three year grant
(July 1, 2005, through June 30, 2008) in an amount of up to
$450,000 per year. The grant requires a 25o County match
which can be both in-kind and/or cash and will be covered by
the department's operating budget - action requested -
AUTHORIZE THE CHIEF PROBATION OFFICER TO APPLY FOR GRANT
FUNDS.
24. Medi-Cal Administrative Activities/Targeted Case Management
Program - Amendments - approval is requested for amendments
to the participation fee agreements with 16 consortium
agencies for the Medi-Cal Administrative Activities/Targeted
Case Management program. The department acts as Host Entity
for the consortium. A total of 56 agencies participate in
the program and fee agreements have been prepared for all
agencies; 16 of the amendments require Board approval because
they are over the $25,000 limit (12), or amend agreements
that were once above the $25,000 limit but have now fallen
below that amount (4) - action requested - APPROVE AGREEMENTS
(16) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
25. Solid waste Assistance Grant - approval is requested to apply
to the State of California, Integrated waste Management Board
for funds to support local solid waste landfill permit and
inspection programs. The department may apply for
approximately $18,600 in State funds, with no County match
required. The funds will be used to support staff and
operating expenses of the solid waste permit and inspection
program - action requested - ADOPT RESOLUTION 05-039
APPROVING GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN.
26. Northern California Emergency Medical Services (EMS), Inc. -
Modification - approval is requested for a modification of
an agreement with Northern California EMS, Inc., which
designates Northern California EMS, Inc., as the Local EMS
Agency. The modification sets the maximum amount payable for
fiscal year 2004-2005 at $47,168, and the maximum amount
payable for fiscal year 2005-2006 at $49,283 plus an amount
that reflects the change of the Consumer Price Index for the
Pacific Cities and United States city average west B/C area
for the prior calendar year ending December 31, 2004.
Funding for the agreement is provided by fees collected under
the SB12/612 EMS Fund - action requested - APPROVE AGREEMENT
MODIFICATION AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
MINUTES
PacE 7 MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 22, 2005
0505-002 27. Butte County Children and Families Commission - Grant
Agreement Amendment - approval is requested for an amendment
to the grant agreement with the Butte County Children and
Families Commission for funds to help support the Visiting
Infants and Parents (VIP) Program. The amendment extends the
term of the grant to July 31, 2005, and increases the grant
award amount by $51,350. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X14101)
28. 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 at the Table Mountain Clinic. The term of the grant
is January 1, 2005, through December 31, 2005, with a maximum
amount payable to the County of $105,000. The department is
requesting that $11,000 for the funds be appropriated in the
current fiscal year, with the balance of the funds to be
included in the fiscal year 2005-2006 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-299 ACCEPTING AND
APPROPRIATING $11,000 AS DETAILED IN THE AGENDA REPORT.
29. Tire Amnesty Grant Application - Report to the Board -
submitted is a status update on the County's grant
application for funds to support tire amnesty events. At its
meeting of February 15, 2005, the California Integrated waste
Management Board voted to adopt a resolution funding the
County's grant application for a total of $40,000. The funds
will be used for 2 one-day tire amnesty events in 2005. The
first event is scheduled for June 11, 2005, at the Highway
70 Industrial Park in Oroville - action requested - ACCEPT
FOR INFORMATION.
30. URS Corporation - Amendment - approval is requested for an
amendment to the agreement with URS Corporation for the
provision of environmental monitoring and reporting services
for the Neal Road Sanitary Landfill. The amendment increases
the maximum amount payable by $37,217 for additional services
to include groundwater monitoring well repair/abandonment,
GeoTracker reporting and monthly landfill gas monitoring.
Funding for the amendment will be provided by a combination
of Neal Road Landfill Enterprise Funds and unanticipated
revenue from increased landfill gate fees and Board approval
is also requested for a budget transfer of $18,637 in
landfill gate fee revenue to provide the needed
appropriation - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE
BUDGET TRANSFER B-300 ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT.
MINUTES
PacE 8 MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES - MARCH 22, 2005
0505-002 31. Superior Court of California, County of Butte - approval is
requested for a revenue agreement with the Superior Court of
California, County of Butte, for the provision of Court
Security Services by the Butte County Sheriff's Office. The
term of the agreement is July 1, 2004, through June 30, 2006,
with a maximum amount payable to the County of $2,624,662
($1,268,662 for fiscal year 2004-2005, and $1,356,000 for
fiscal year 2005-2006). The agreement provides for one
additional Deputy Sheriff effective April 1, 2005. Board
approval is also requested to accept and appropriate $189,662
in unanticipated court security revenue. The current fiscal
year's budgeted revenue figures where less than the actual
contract amount - 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-302 ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
32. Tribal Grant Funds - approval is requested to accept and
appropriate $41,095 in supplemental Indian Gaming Local
Community Benefit grant funds for fiscal year 2003-2004 -
action requested - APPROVE BUDGET TRANSFER B-301 ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
33. Monthly Investment Report - submitted is the Monthly
Investment Report dated February 28, 2005, in accordance with
the Statement of Investment Policy dated July 1, 2004 -
action requested - ACCEPT FOR INFORMATION.
34. Paradise Recreation and Park District - Letter of Support -
the Paradise Recreation and Park District would like to
pursue Proposition 40 grant funds to acquire capital to
construct a new recreation center. The land upon which the
new recreation center would be built is County land leased
by the District. The District is requesting a letter of
support for the project to include in their grant application
package - action requested - APPROVE LETTER OF SUPPORT AND
AUTHORIZE THE CHAIR TO SIGN.
35. Resolution Recognizing April as Child Abuse Prevention
Month - the Parent Education Network is requesting the Board
adopt a resolution recognizing April as Child Abuse
Prevention Month in Butte County - action requested - ADOPT
RESOLUTION 05-040 AND AUTHORIZE THE CHAIR TO SIGN.
36. In-Home Supportive Services Advisory Committee - action
requested - APPOINT DANIEL GROVER AND WILLIAM ARMFIELD TO
TERMS TO END DECEMBER 19, 2007. (80)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM
3.34.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MINUTES
PAGE 9
MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 22, 2005
REGULAR AGENDA
0505-003 Boards, Commissions and Committees. (94)
1. Appointments to Listed Vacancies. (NONE)
2. Board Member or Committee Reports. (98)
SUPERVISOR DOLAN INFORMED THE BOARD THAT THE SACRAMENTO RIVER
CONSERVATION AREA FORUM IS IN THE PROCESS OF FINALIZING ONLINE
ACCESS TO ALL GRANT FUNDED PROJECTS APPLIED FOR OR IN PROGRESS
ALONG THE SACRAMENTO RIVER.
SUPERVISOR JOSIASSEN PROVIDED A REPORT ON THE FEDERAL ENERGY
REGULATORY COMMISSION RELICENSING SUBCOMMITTEE'S TRIP TO
WASHINGTON D.C.; HIS ATTENDANCE AT THE CALIFORNIA STATE
ASSOCIATION OF COUNTIES' BOARD MEETING; AND HIS ATTENDANCE AT THE
NATIONAL ASSOCIATION OF COUNTIES ANNUAL MEETING.
SUPERVISOR CONNELLY REPORTED ON THE TRIP TO WASHINGTON, D.C.
CHAIR YAMAGUCHI REPORTED ON HIS PARTICIPATION AT THE NATIONAL
ASSOCIATION OF COUNTIES ANNUAL MEETING.
PRESENTATION BY CHAIR YAMAGUCHI TO NIKOLE HILGEMAN, CHILD ABUSE
PREVENTION COUNCIL, OF A RESOLUTION PROCLAIMING APRIL AS CHILD
ABUSE PREVENTION MONTH.
PRESENTATION BY CHAIR YAMAGUCHI TO CATHI GRAMS, DIRECTOR-
EMPLOYMENT AND SOCIAL SERVICES, OF A RESOLUTION RECOGNIZING SOCIAL
WORKERS MONTH.
0505-004 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (746) PAUL MCINTOSH, CHIEF ADMINISTRATIVE
OFFICER, PROVIDED THE BOARD WITH A REPORT ON SENATE BILL 1605 AND
SENATE BILL 1018. THE BILL HAS ESSENTIALLY THE SAME LANGUAGE,
WHICH WOULD REQUIRE ALL OFFICERS AND EMPLOYEES OF FINANCIAL
INSTITUTIONS TO BE MANDATED REPORTERS OF SUSPECTED FINANCIAL ELDER
ABUSE, AND HE REQUESTED THE BOARD APPROVE A LETTER OF SUPPORT FOR
THOSE TWO BILLS. ALSO DISCUSSED WERE PROPOSED PENSION REFORM
TOPICS BEING CONSIDERED BY THE LEGISLATURE AND THE CALIFORNIA
STATE ASSOCIATION OF COUNTIES. IT WAS NOTED THAT THE COUNTY'S
SOLAR POWER PROJECT WAS WRITTEN UP IN THE MARCH ISSUE OF PUBLIC
MANAGEMENT MAGAZINE; AND MIKE CRUMP, DIRECTOR-PUBLIC WORKS,
INTRODUCED THE BOARD TO SHAWN O'BRIEN, NEW ASSISTANT DIRECTOR-
PUBLIC WORKS.
1. Letter of Support for Senate Bill 733 (Aanestad)-
consideration of a letter of support for a bill that would
separate Superior Court of California, County of Butte,
employees from the County's CalPERS contract - action
requested - APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR
TO SIGN.
MINUTES
PAGE 10
MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES - MARCH 22, 2005
0505-004 MOTION: I MOVE TO APPROVE A LETTER OF SUPPORT AND AUTHORIZE THE
CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPROVE A LETTER OF SUPPORT FOR SENATE BILLS 1605 AND
1018.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 9:43 A.M.
RECONVENE : 10:5 5 A . M .
REGULAR AGENDA
0505-005 Realignment of River Road - consideration of a Cooperative
Agreement with the State of California, Department of
Transportation, for a safety improvement project at the
intersection of State Highway 32 and River Road - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(1276) (**00)
MOTION: I MOVE TO CONTINUE THIS ITEM TO THE MEETING OF APRIL 12, 2005.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 N (Motion Carried)
RECESS: 10:48 A.M.
RECONVENE : 11 : O 1 A . M .
REGULAR AGENDA
0505-006 Skyway Lookout Point Parking and Pedestrian Viewing Facilities
(County Project Number 51261-2-2005-1) - Mitigated Negative
Declaration - consideration of adoption of a Mitigated Negative
Declaration regarding environmental impacts for the Skyway
Lookout Point Parking and Pedestrian Viewing Facilities - action
requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE AGENDA REPORT
DATED MARCH 8, 2005, ADOPT A MITIGATED NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACTS FOR THE SKYWAY LOOKOUT POINT
PARKING AND PEDESTRIAN VIEWING FACILITIES PROJECT AND
AUTHORIZE THE CHAIR TO SIGN;
MINUTES
PAGE 11
MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 22, 2005
0505-006 2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS
WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND WILDLIFE OR
THEIR HABITAT WITH THE IMPLEMENTATION OF PROPOSED MITIGATION
MEASURES AS A SAFEGUARD AND APPROVE A "DE MINIMUS" EXEMPTION
TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE
SECTION 711.4 AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT
KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE,
SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL
PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA
DEPARTMENT OF FISH AND GAME OR THE UNITED STATES FISH AND
WILDLIFE SERVICES. THE PROJECT WILL NOT HAVE A SUBSTANTIAL
EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE
EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION
404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE
MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE
SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES
PROTECTING BIOLOGICAL RESOURCES OR CONFLICT WITH THE
PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; AND
3. ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP)
AND DIRECT THE PUBLIC WORKS DEPARTMENT TO MAKE THE MITIGATION
MONITORING AND REPORTING PROGRAM A PART OF THE REQUIREMENTS
FOR THE PROJECT. (**63)
MOTION: SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE AGENDA REPORT DATED
MARCH 8, 2005, I MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACTS FOR THE SKYWAY LOOKOUT POINT
PARKING AND PEDESTRIAN VIEWING FACILITIES PROJECT AND AUTHORIZE
THE CHAIR TO SIGN; FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND
WILDLIFE OR THEIR HABITAT WITH THE IMPLEMENTATION OF PROPOSED
MITIGATION MEASURES AS A SAFEGUARD AND APPROVE A "DE MINIMUS"
EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE
SECTION 711.4 AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN
TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE, SENSITIVE, OR
SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR
REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR
THE UNITED STATES FISH AND WILDLIFE SERVICES. THE PROJECT WILL
NOT HAVE A SUBSTANTIAL EFFECT ON ANY RIPARIAN HABITAT; HAVE A
SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS
DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE
SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR
MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL
POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES OR CONFLICT
WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; AND
FURTHER MOVE TO ADOPT A MITIGATION MONITORING AND REPORTING
PROGRAM (MMRP) AND DIRECT THE PUBLIC WORKS DEPARTMENT TO MAKE THE
MITIGATION MONITORING AND REPORTING PROGRAM A PART OF THE
REQUIREMENTS FOR THE PROJECT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried
MINUTES
PacE 12 MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 22, 2005
PUBLIC HEARINGS AND TIMED ITEMS
0505-007 Public Hearing - Abandonment of a Portion of a Drainage Easement -
Public works has received a request to abandon a portion of an
existing 20-foot drainage easement on property located on a vacant
lot on the east side of Jack Hill Drive, 130 feet south of 6336
Jack Hill Drive in the Kelly Ridge area, Oroville. Approval of
the request was recommended by the Planning Commission at its
meeting of February 25, 2005. The applicant has obtained an
encroachment permit and intends to install the necessary culvert
referenced in the Planning Commission Report - action requested -
FIND THAT PORTION OF THE DRAINAGE EASEMENT DESCRIBED IN THE NOTICE
OF HEARING AND PETITION IS UNNECESSARY FOR PRESENT OR PROSPECTIVE
PUBLIC USE; AND ADOPT A RESOLUTION OF ABANDONMENT AND AUTHORIZE
THE CHAIR TO SIGN. (**1348)
PUBLIC HEARING OPENED: 11:40 A.M.
PUBLIC HEARING CLOSED: 11:40 A.M.
MOTION: I MOVE TO FIND THAT THE PORTION OF THE DRAINAGE EASEMENT DESCRIBED
IN THE NOTICE OF HEARING AND PETITION IS UNNECESSARY FOR PRESENT
OR PROSPECTIVE PUBLIC USE; AND FURTHER MOVE TO ADOPT RESOLUTION OF
ABANDONMENT 05-041 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried
0505-008 Public Hearing - Amendment to the Text of Chapter 24, Section 24-
35.40, of the Butte County Code, Regarding Non-Conforming
Parcels - Butte County Department of Development Services -
consideration of an ordinance amendment which would allow rear
yard setbacks to be reduced by 5-foot increments with a minimum
rear yard setback of ten feet and revise the building envelope to
50 feet in width. This is a project on which notice of intent to
adopt a negative declaration regarding
environmental impacts has been given (YC [ZCA 05-02]) - action
requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. FIND THAT THE NONCONFORMING LOT SETBACK ORDINANCE HAS BEEN
THE SUBJECT OF STAFF STUDY AND HAS BEEN PREPARED FOR THE
PURPOSE AND INTENT AS STATED IN SECTION 24-35.40 OF THE
PROPOSED ORDINANCE;
2. SUBJECT TO FINDINGS II(A-C) AS DETAILED IN THE STAFF REPORT
DATED MARCH 22, 2005, ADOPT A NEGATIVE DECLARATION;
3. FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL
DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE
A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT
TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5,
AS THE ADOPTION OF THE AMENDED ORDINANCE WILL NOT RESULT IN
IMPACTS TO FISH AND/OR WILDLIFE; AND
MINUTES
PAGE 13
MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 22, 2005
0505-008 4. SUBJECT TO FINDING IV (A) AS DETAILED IN THE AGENDA
REPORT DATED MARCH 22, 2005, ADOPT THE ORDINANCE AMENDING
SECTION 24-35.40, OF CHAPTER 24, OF THE BUTTE COUNTY CODE,
REGARDING NONCONFORMING PARCELS OF RECORD AND AUTHORIZE THE
CHAIR TO SIGN. (**1364)
PUBLIC HEARING OPENED: 11:54 A.M.
PUBLIC HEARING CLOSED: 11:56 A.M.
MOTION: I MOVE TO FIND THAT THE NONCONFORMING LOT SETBACK ORDINANCE HAS
BEEN THE SUBJECT OF STAFF STUDY AND HAS BEEN PREPARED FOR THE
PURPOSE AND INTENT AS STATED IN SECTION 24-35.40 OF THE PROPOSED
ORDINANCE; SUBJECT TO FINDINGS II(A-C) AS DETAILED IN THE STAFF
REPORT DATED MARCH 22, 2005, MOVE TO ADOPT A NEGATIVE DECLARATION
(CLARIFIED TO INDICATE THAT THERE ARE NO MITIGATION MEASURES AS
WRITTEN IN THE AGENDA); FIND THAT THE PROPOSED PROJECT WILL NOT
CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR
HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF
FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR
753.5, AS ADOPTION OF THE AMENDED ORDINANCE WILL NOT RESULT IN
IMPACTS TO FISH AND/OR WILDLIFE; SUBJECT TO FINDING IV(A) AS
DETAILED IN THE AGENDA REPORT DATED MARCH 22, 2005, MOVE TO ADOPT
ORDINANCE 3904 AMENDING SECTION 24-35.40, OF CHAPTER 24, OF THE
BUTTE COUNTY CODE, REGARDING NONCONFORMING PARCELS OF RECORD AND
AUTHORIZE THE CHAIR TO SIGN; AND FURTHER MOVE TO DIRECT STAFF TO
CONTINUE DISCUSSIONS WITH THE USERS' GROUP AND IF THEY ARE STILL
INTERESTED IN AMENDMENTS REGARDING A 5-FOOT SETBACK AND
ELIMINATION OF THE BUILDING ENVELOPE, THEN THE ISSUE SHOULD BE
REFERRED BACK TO THE PLANNING COMMISSION FOR FURTHER DISCUSSION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0505-009 Public Hearing - Amendment to the Text of Chapter 24, Sections 24-
140, 24-145, 24-150, 24-155, and 24-225, of the Butte County Code,
Regarding Commercial Signage - Butte County Department of
Development Services - consideration of an ordinance amendment
which would amend the commercial zones of the County so that where
commercially-zoned property is adjacent to residentially-zoned
property, the standards for allowable signs would be the sign
standards in the N-C (Neighborhood-Commercial) zoning district,
and setting limits on the height, size, and illumination of
outdoor advertising signs. Outdoor advertising signs not
complying with the proposed amendments would require a use permit.
This is a project on which notice of intent to adopt a negative
declaration regarding environmental
impacts has been given (YC [ZCA 004]) - action requested - STAFF
RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
MINUTES
PacE 14 MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES - MARCH 22, 2005
0505-009 1. FIND THAT THE SIGN ORDINANCE FOR COMMERCIAL ZONES HAS BEEN
THE SUBJECT OF STAFF STUDY AND PUBLIC COMMENT, AND HAS BEEN
PREPARED FOR THE PURPOSE OF REGULATING SIGNS IN THE C-1
(LIGHT COMMERCIAL), C-2 (GENERAL COMMERCIAL), H-C (HIGHWAY
COMMERCIAL), AND S-H (SCENIC HIGHWAY) ZONES THAT ARE ADJACENT
TO RESIDENTIALLY-ZONED PROPERTY. IN SUCH INSTANCES, THE
REQUIRED SIGN STANDARDS ARE TO BE THOSE OF THE N-C
(NEIGHBORHOOD COMMERCIAL) ZONING DISTRICT;
2. SUBJECT TO FINDINGS II (A-C) AS DETAILED IN THE AGENDA REPORT
DATED MARCH 22, 2005, ADOPT A NEGATIVE DECLARATION;
3. FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL
DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE
A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT
TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5,
AS THE ADOPTION OF THE AMENDED ORDINANCE WILL NOT RESULT IN
IMPACTS TO FISH AND/OR WILDLIFE; AND
4. SUBJECT TO FINDING IV(A) AS DETAILED IN THE AGENDA REPORT
DATED MARCH 22, 2005, ADOPT THE ORDINANCE AMENDING SECTIONS
24-140, 24-145, 24-150, 24-155 AND 24-225, OF CHAPTER 24 OF
THE BUTTE COUNTY CODE, REGARDING COMMERCIAL SIGN PROVISIONS
AND AUTHORIZE THE CHAIR TO SIGN.
PUBLIC HEARING OPENED: 12:22 P.M.
PUBLIC HEARING CLOSED: 12:26 P.M.
MOTION: I MOVE TO FIND THAT THE SIGN ORDINANCE FOR COMMERCIAL ZONES HAS
BEEN THE SUBJECT OF STAFF STUDY AND PUBLIC COMMENT, AND HAS BEEN
PREPARED FOR THE PURPOSE OF REGULATING SIGNS IN THE C-1 (LIGHT
COMMERCIAL), C-2 (GENERAL COMMERCIAL), H-C (HIGHWAY COMMERCIAL),
AND S-H (SCENIC HIGHWAY) ZONES THAT ARE ADJACENT TO RESIDENTIALLY-
ZONED PROPERTY. IN SUCH INSTANCES, THE REQUIRED SIGN STANDARDS
ARE TO BE THOSE OF THE N-C (NEIGHBORHOOD COMMERCIAL) ZONING
DISTRICT AND THAT IF THERE IS A FREE-STANDING POLE SIGN, IT WILL
REQUIRE A USE PERMIT, AND THE MONUMENT SIGN REQUIREMENTS TO BE AS
THE PLANNING COMMISSION RECOMMENDED; SUBJECT TO FINDINGS II (A-C)
AS DETAILED IN THE AGENDA REPORT DATED MARCH 22, 2005, MOVE TO
ADOPT A NEGATIVE DECLARATION (CLARIFIED TO INDICATE THAT THERE ARE
NO MITIGATION MEASURES AS WRITTEN IN THE AGENDA); FIND THAT THE
PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH
AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS"
EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE
SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE ADOPTION OF THE
AMENDED ORDINANCE WILL NOT RESULT IN IMPACTS TO FISH AND/OR
WILDLIFE; AND SUBJECT TO FINDING IV (A) AS DETAILED IN THE AGENDA
REPORT DATED MARCH 22, 2005, FURTHER MOVE TO ADOPT ORDINANCE 3905
AMENDING SECTIONS 24-140, 24-145, 24-150, 24-155 AND 24-225, OF
CHAPTER 24 OF THE BUTTE COUNTY CODE, REGARDING COMMERCIAL SIGN
PROVISIONS AND AUTHORIZE THE CHAIR TO SIGN. (**2378)(***00)
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MINUTES
PacE 15 MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES - MARCH 22, 2005
0505-010 Public Hearing - Amendment to Sections 24-82, 24-95, 24-105, 24-
110, 24-115, 24-120, 24-125, 24-130, 24-135, 24-155, 24-160, 24-
165, 24-190, 24-210, 24-225, 24-235.10, 24-280, and 24-295.10 of
Chapter 24, Zoning, of the Butte County Code, Regarding Second
Dwelling Units - Butte County Department of Development Services -
consideration of an ordinance amendment which would incorporate
State laws that permit second units without a minor use permit
requirement in zones where residential uses are permitted by right
and changing the existing standards applying to second dwelling
units . This is a project on which notice of intent to adopt a
negative declaration regarding
environmental impacts has been given. (YC [ZCA 05-O1]) - action
requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. FIND THAT THE SECOND DWELLING UNIT ORDINANCE HAS BEEN THE
SUBJECT OF EXTENSIVE STAFF STUDY AND PUBLIC COMMENT, AND HAS
BEEN PREPARED FOR THE PURPOSE OF INCORPORATING STATE LAWS
THAT PERMIT SECOND DWELLING UNITS WITHOUT A MINOR USE PERMIT
REQUIREMENT IN ZONES WHERE RESIDENTIAL USES ARE PERMITTED BY
RIGHT; AND
2. SUBJECT TO FINDINGS II (A-C) AS DETAILED IN THE STAFF REPORT
DATED MARCH 22, 2005, ADOPT A NEGATIVE DECLARATION;
3. FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL
DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE
A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT
TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5,
AS THE ADOPTION OF THE AMENDED ORDINANCE WILL NOT RESULT IN
IMPACTS TO FISH AND/OR WILDLIFE; AND
4. SUBJECT TO FINDINGS IV (A-C) AS DETAILED IN THE AGENDA REPORT
DATED MARCH 22, 2005, ADOPT THE ORDINANCE AMENDING SECTIONS
24-82, 24-95, 24-105, 24-110, 24-115, 24-120, 24-125, 24-130,
24-135, 24-155, 24-160, 24-165, 24-190, 24-210, 24-225, 24-
235.10, 24-280, AND 24-295.10 OF CHAPTER 24, ZONING, OF THE
BUTTE COUNTY CODE, REGARDING SECOND DWELLING UNITS AND
AUTHORIZE THE CHAIR TO SIGN. (***142)
PUBLIC HEARING OPENED: 1:26 P.M.
PUBLIC HEARING CLOSED: 1:53 P.M.
MINUTES
PAGE 16
MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES - MARCH 22, 2005
0505-010 MOTION: I MOVE TO FIND THAT THE SECOND DWELLING UNIT ORDINANCE
HAS BEEN THE SUBJECT OF EXTENSIVE STAFF STUDY AND
PUBLIC COMMENT, AND HAS BEEN PREPARED FOR THE PURPOSE
OF INCORPORATING STATE LAWS THAT PERMIT SECOND DWELLING
UNITS WITHOUT A MINOR USE PERMIT REQUIREMENT IN ZONES
WHERE RESIDENTIAL USES ARE PERMITTED BY RIGHT; AND
SUBJECT TO FINDINGS II (A-C) AS DETAILED IN THE STAFF
REPORT DATED MARCH 22, 2005, MOVE TO ADOPT A NEGATIVE
DECLARATION (CLARIFIED TO INDICATE THAT THERE ARE NO
MITIGATION MEASURES AS WRITTEN IN THE AGENDA); FIND
THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL
DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND
APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF
FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3)
AND 14 CCR 753.5, AS THE ADOPTION OF THE AMENDED
ORDINANCE WILL NOT RESULT IN IMPACTS TO FISH AND/OR
WILDLIFE; AND SUBJECT TO FINDINGS IV (A-C) AS DETAILED
IN THE AGENDA REPORT DATED MARCH 22, 2005, ADOPT
ORDINANCE 3906 AMENDING SECTIONS 24-82, 24-95, 24-105,
24-110, 24-115, 24-120, 24-125, 24-130, 24-135, 24-155,
24-160, 24-165, 24-190, 24-210, 24-225, 24-235.10, 24-
280, AND 24-295.10 OF CHAPTER 24, ZONING, OF THE BUTTE
COUNTY CODE, REGARDING SECOND DWELLING UNITS AND
AUTHORIZE THE CHAIR TO SIGN; WITH THE SUMMARY OF
CHANGES AS LISTED ON PAGES 2-4 OF THE AGENDA REPORT
DATED MARCH 22, 2005, TO BE AS FOLLOWS: 1. SECOND
DWELLING UNITS - AS PROPOSED; 2. EXCLUDED AREAS - AS
PROPOSED, WITH DIRECTION TO STAFF TO PREPARE A PROPOSAL
TO RETURN TO THE BOARD TO CONSIDER THE APPROPRIATE
ADDITION OF 2ND DWELLING UNITS IN AGRICULTURAL ZONES; 3.
PARCEL SIZE - AS PROPOSED; 4. VARYING STANDARDS - AS
PROPOSED; 5. ATTACHED UNITS - AS PROPOSED; 6. SIZE OF
UNITS - NO SIZE LIMITATION AS LONG AS THE LAND AND
RESTRICTIONS SUPPORT THE UNIT; 7. OCCUPANCY
GUARANTEE - AS PROPOSED; 8. PARKING - 1 PARKING SPACE
FOR 1 BEDROOM AND 2 PARKING SPACES FOR 2 OR MORE
BEDROOMS; 9. ROADS AND DRIVEWAYS - AS PROPOSED; 10.
DRAINAGE - TO READ, "CONSTRUCTION OF THE SECOND
DWELLING UNIT MAY REQUIRE DRAINAGE IMPROVEMENTS THAT
WOULD BE CUSTOMARY WITH A BUILDING PERMIT. THE EXTENT
AND TIMING OF THE IMPROVEMENTS, IF ANY, SHALL BE
DETERMINED BY THE BUTTE COUNTY DEPARTMENT OF PUBLIC
WORKS. THE TECHNICAL STANDARDS AND SPECIFICATIONS FOR
DRAINAGE IMPROVEMENTS ARE CONTAINED IN THE IMPROVEMENT
STANDARDS AS ADOPTED BY RESOLUTION BY THE BOARD OF
SUPERVISORS."; 11. MINOR USE PERMIT REQUIREMENT - AS
PROPOSED; 12. REMOVE SECOND DWELLING UNIT OPTION IN
NEIGHBORHOOD COMMERCIAL - AS PROPOSED; 13. WATERSHED
PROTECTION OVERLAY ZONE - AS PROPOSED; AND 14. MINIMUM
AREA REQUIREMENT OF ZONE FOR PARCEL/LOT - AS PROPOSED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MINUTES PacE 17 MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 22, 2005
CLOSED SESSION
0505-O11 RECESS: THE BOARD RECESSED AT 1:56 P.M., TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(0): TWO POTENTIAL CASES;
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT
TO GOVERNMENT CODE SECTION 54957: DIRECTOR-
DEVELOPMENT SERVICES; AND CONFERENCE WITH LABOR
NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54957.6: AGENCY REPRESENTATIVE: 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.
(***3581) (****00)
RECONVENE : THE BOARD RECONVENED AT 2 : 5 9 P . M . , FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(0): TWO POTENTIAL CASES;
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT
TO GOVERNMENT CODE SECTION 54957: DIRECTOR-
DEVELOPMENT SERVICES; AND CONFERENCE WITH LABOR
NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54957.6: AGENCY REPRESENTATIVE: 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. (****46)
(NO ANNOUNCEMENTS).
MINUTES
PacE 18 MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 22, 2005
PUBLIC HEARINGS AND TIMED ITEMS
0505-012 Public Hearing - Community Development Block Grant Program -
Fiscal Year 2005-2006 General Allocation Application -
consideration of grant applications for multiple year funding
under the Community Development Block Grant Program, General
Allocation, in a maximum amount of up to $1,500,000 ($500,000 per
year for 3 years) for the following projects: Housing
rehabilitation in the unincorporated area of the County; Removal
of architectural barriers to the Chico Veterans' Memorial Hall;
Removal of architectural barriers to the Paradise Veterans'
Memorial Hall; Removal of architectural barriers to the Gridley
Veterans' Memorial Hall; Removal of architectural barriers to the
Oroville Veterans' Memorial Hall; Construction of sidewalks in
South Oroville; Code enforcement in the South Oroville area; and
the Book by Mail Program for homebound seniors and disabled
individuals in the County - action requested - ADOPT RESOLUTION
APPROVING GRANT SUBMITTAL AND AUTHORIZE THE CHAIR TO SIGN.
(****45)
PUBLIC HEARING OPENED: 3:08 P.M.
PUBLIC HEARING CLOSED: 3:17 P.M.
MOTION: I MOVE TO ADOPT RESOLUTION 05-042 APPROVING THE GRANT SUBMITTAL AS
RECOMMENDED BY STAFF AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 N 5 Y (Motion Carried)
REGULAR AGENDA
0505-013 Consideration of an Ordinance Amending the Butte County Code, by
Adding Article VI, Composed of Articles VI(A), VI(B), VI(C), and
VI(D), to Chapter 10 of Said Code - consideration of an ordinance
which will expand the County Code regarding the encroachment
permit process by providing more specific details and requirements
to help guide both the applicants wishing to work or encroach onto
a County highway or road, as well as Public works Staff who review
and issue the encroachment permits - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-1-05 [4.06])
(****923)
MOTION: I MOVE TO ADOPT ORDINANCE 3907 AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
SUPERVISOR HOUX NOT PRESENT (3:33 P.M.).
MINUTES
PAGE 19
MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES - MARCH 22, 2005
0505-014 Proposed Revision of Chapter 13 of the Butte County Code Regarding
Grading and Mining - consideration of a working group to review
and recommend possible revisions to Chapter 13 of the Butte County
Code regarding grading, erosion and sedimentation regulations -
action requested - APPOINT TWO BOARD MEMBERS TO WORK WITH STAFF ON
REVIEWING AND RECOMMENDING PROPOSED REVISIONS TO CHAPTER 13,
GRADING AND MINING, OF THE BUTTE COUNTY CODE. (****988)
MOTION: I MOVE TO APPOINT SUPERVISORS CONNELLY AND JOSIASSEN TO WORK WITH
STAFF ON REVIEWING AND RECOMMENDING PROPOSED REVISIONS TO
CHAPTER 13, GRADING AND MINING, OF THE BUTTE COUNTY CODE.
M S
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
0505-015 Resolution Requesting Changes to the Draft Diesel Particulate
Matter Control Measures for Municipal or Utility On-Road Heavy
Duty Diesel Fuel Vehicles - consideration of a resolution which
would request changes to the California Air Resources Board's
drafted proposed regulations for diesel particulate matter -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (****1698)
MOTION: I MOVE TO ADOPT RESOLUTION 05-043 AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
0505-016 Items Removed from the Consent Agenda for Board Consideration and
Action. (****2170) (NONE)
PUBLIC COMMENT
0505-017 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. (****2175)
1. CYNTHIA HANNA, UNITED DOMESTIC WORKERS OF AMERICA, ADDRESSED
THE BOARD TO DISCUSS INCREASED WAGES AND BENEFITS FOR HOME
CARE WORKERS.
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 4:01 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, APRIL 12, 2005, AT 9:00 A.M.
KIM K. YAMAGUCHI, CHAIR
MINUTES
PAGE 20
MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 22, 2005
ATTEST:
Paul McIntosh, Chief Administrative
Office and Clerk of the Board
By:
MINUTES PacE 21 MARCH 22, 2005