HomeMy WebLinkAboutM032304BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 23, 2004
Called to order at 9:06 a.m., in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Dolan, Houx, Josiassen, Yamaguchi, and Chair
Beeler. Also present: Paul McIntosh, Chief Administrative
Officer; Bruce Alpert, County Counsel; and Marion Reeves,
Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
CORRECTIONS AND~OR CHANGES TO THE AGENDA. (S H)
O4 O6-O OZ ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
1. Kimshew Cemetery District - Supervisor Yamaguchi submits a
recommendation for appointment to the Kimshew Cemetery
District - action requested - APPOINT NIGEL PARKHURST, TO A
VACATED TERM TO END JULY 1, 2006.
2. Enterprise Rent-A-Car - approval is requested to award an
agreement to Enterprise Rent-A-Car for vehicle rental
services for the County. The agreement is the result of a
Request For Proposal, with Enterprise Rent-A-Car being the
only responsive proposal. Based on the cost of maintaining
a County Motor Pool fleet, the proposed agreement is
anticipated to result in significant savings to the County
(approximately $37,000 annually based on miles driven in
2003). The term of the agreement is April 1, 2004, through
March 31, 2007 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: TREASURER-TAX COLLECTOR - deletes one position
of Assistant Treasurer-Cash Management. Adds one 600
flexibly staffed position of Revenue and Reimbursement
Officer II/I. SALARY PLAN FOR CLASSIFIED POSITIONS,
REFERENCE F, MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT
CLASSIFICATIONS - eliminates the position of Assistant
Treasurer-Cash Management and adjusts the salary range for
the Assistant Treasurer-Tax Collector (effective 3-2-04)
pursuant to the Memorandum of Understanding with the Butte
County Management Employees' Association regarding salaries
for Assistant Department Heads. SALARY PLAN FOR ELECTED AND
APPOINTED OFFICIALS, REFERENCE A, APPOINTED DEPARTMENT
HEADS - increases the annual salary rate for the Director-
Public Health by $10,445 (effective 1-3-04) pursuant to the
compensation policy for appointed department heads - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PacE 1 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 23, 2004
CONSENT AGENDA
0406-002 1. Budget Transfer - approval is requested to transfer $147,000
of department funds between budget line items to provide the
appropriation needed to fund a renovation project at 18
County Center Drive, Suites A and B - action requested -
APPROVE BUDGET TRANSFER B-275 TRANSFERRING AND ALLOCATING
FUNDS AS DETAILED IN THE AGENDA REPORT.
2. Budget Transfer - approval is requested to transfer $350 of
department funds between budget line items to provide the
appropriation needed for an amendment to the Memorandum of
Understanding with the Public Defender (Contract No.
X46884) - action requested - APPROVE BUDGET TRANSFER B-277
TRANSFERRING AND ALLOCATING FUNDS AS DETAILED IN THE AGENDA
REPORT.
3. Oroville Hospital - approval is requested for an agreement
with Oroville Hospital for the provision of medical
evaluations for individuals in need of care, prior to
admission to the County's Psychiatric Health Facility, or
within 24 hours of their admission. The term of the
agreement is July 1, 2003, through June 30, 2004, with a
maximum amount payable of $69,200 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X14768)
4. Federal Child Support Automation Penalty - approval is
requested for a budget transfer of $6fr33,603 from the
Department of Child Support Services to the Chief
Administrative Office budget to provide the appropriation
needed to pay the County' s share of the Federal Child Support
Automation Penalty. Legislation passed in 2003 requires
counties to pay a share of the Federal penalty for the
State's failure to implement a statewide automation system -
action requested - APPROVE BUDGET TRANSFER B-278 (4 /5 vote
required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN
THE AGENDA REPORT.
5. Public Financial Management, Inc. - Amendment - approval is
requested for an amendment to the agreement with Public
Financial Management, Inc., for the preparation of financial
planning documents for State loan and grant applications in
support of the Chico Urban Area Nitrate Compliance Program.
The amendment extends the term of the agreement through
February 28, 2005, and increases the maximum amount payable
by $20,000 (County Service Area No. 114 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. X11441)
MINUTES
PacE 2 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 23, 2004
0406-002 6. Unanticipated Revenue - approval is requested to accept and
appropriate $1,358 received from the sale of an AS400
Computer no longer used by the department. As a result of
the nature of the department's funding, 970 of the proceeds
from the sale of assets purchased in fiscal year 1998-1999
must be returned to the department - action requested -
APPROVE BUDGET TRANSFER B-279 (4/5 vote required) ACCEPTING
AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
7. Matsom & Isom - Amendment - approval is requested for an
amendment to the agreement with Matsom & Isom for the
provision of web site hosting services. The amendment makes
the changes necessary to reflect the contractor's merger with
Computer Logistics Corporation, and provides for the
continuation of services under the new company name. The
effective date of the amendment is February 1, 2004. All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X13476)
8. Fixed Asset Purchase and Budget Transfer - approval is
requested to transfer $800 of department funds between budget
line items to provide the appropriation needed to complete
the purchase of a microform scanner and related accessories.
Approval is also requested for the fixed asset purchase of
2 additional hanging map cabinets. The 2003-2004 Final
Budget inadvertently contained approval for only 2 cabinets
instead of the 4 requested. Funding for the 4 cabinets has
already been approved by the Board - action requested -
APPROVE BUDGET TRANSFER B-274 TRANSFERRING FUNDS AS DETAILED
IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF 2
ADDITIONAL HANGING MAP CABINETS.
9. Adoption of an Ordinance Designating the Director of
Development Services and Designees as Vehicle Appraisal
Officers Pursuant to Vehicle Code Provisions Concerning
Removal of Abandoned Vehicles and Establishing a 7-day
Parking Limit on County-maintained Roads and Highways in the
Unincorporated Areas of the County - action requested - ADOPT
ORDINANCE 3873 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-9-04
[3.18] )
10. Supplemental Law Enforcement Services Funds - approval is
requested to transfer $42,426 of Fiscal Year 2002-2003
Supplemental Law Enforcement Services Funds to the
department's COPS budget. The funds will be used to upgrade
computer programs and equipment - action requested - APPROVE
BUDGET TRANSFER B-281 (4/5 vote required) TRANSFERRING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
MINUTES
PacE 3 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 23, 2004
0406-002 11. Increase Revenue and Expenditures for Bad Check Unit -
approval is requested to increase the budget (revenue and
expenditures) for the Bad Check Unit. The Unit incurred
expenses exceeding the adopted fiscal year budget by $24,050,
and approval is requested to increase the budgeted revenue
and expenditure line items to provide for the increase. The
Unit is fully supported by fees collected for the program,
and fee revenue will support the budget expansion - action
requested - APPROVE BUDGET TRANSFER B-282 (4 /5 vote required)
ACCEPTING AND APPROPRIATING ADDITIONAL FEE REVENUE AND
INCREASING BUDGET LINE ITEMS AS DETAILED IN THE AGENDA
REPORT.
12. Statutory Rape Vertical Prosecution Grant - approval is
requested to accept and appropriate $17,803 of additional
Statutory Rape Vertical Prosecution Grant funds. The office
was notified of the additional allocation, and extension of
the grant through June 30, 2004 - action requested - APPROVE
BUDGET TRANSFER B-280 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
13. Northern Valley Catholic Social Service and Youth For
Change - approval is requested to award two agreements, one
with Northern Valley Catholic Social Service and one with
Youth For Change, for the provision of Facilitation Services
for the Children's Services Division. The agreements are the
result of a Request For Proposal. The terms of the
agreements are from the date of execution through
June 30, 2005, with a maximum amount payable for each
agreement of $25,833 for fiscal year 2003-2004, and $70,000
for fiscal year 2004-2005 (department budget) - action
requested - APPROVE AGREEMENTS (2) AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
14. Relief of Accountability - approval is requested for relief
of accountability for a System 80 Main Storage computer
system. The equipment was inadvertently transferred to
County surplus as a non-fixed asset item. The District
Attorney's Office and the Auditor-Controller have reviewed
the request - action requested - GRANT RELIEF OF
ACCOUNTABILITY.
15. Oroville Automatic Aid Agreement - approval is requested for
an agreement with the City of Oroville for the full and free
exchange of fire protection and emergency rescue resources.
The term of the agreement is January 1, 2004, through
December 31, 2006 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14747)
MINUTES
PacE 4 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 23, 2004
0406-002 16. Resolution Designating Authorized Representatives for the
Fiscal Year 2002 Combined Citizen Corps and Community
Emergency Response Team Supplemental Grant - approval is
requested for a resolution which will authorize the Director-
General Services or the Interim Emergency Services Officer
to sign grant related documents, and approve the grant
assurances and certifications - action requested - ADOPT
RESOLUTION 04-037 AND AUTHORIZE THE CHAIR TO SIGN.
17. Fiscal Year 2004 State Homeland Security Grant Program -
approval is requested to apply to the Office of Homeland
Security for $890,927 in grant funds for the Butte County
Operational Area. The funds will be used for emergency
prevention and preparedness, and to deter, respond to, and
recover from threats and incidents of terrorism. Pursuant
to the terms of the grant, approval is requested for a
resolution which will authorize the Director-General Services
and/or Emergency Services Officer to sign grant documents,
and approve the subgrantee assurances - action requested -
ADOPT RESOLUTION 04-038 AND AUTHORIZE THE CHAIR TO SIGN.
18. Hunters Pest Control - approval is requested to award an
agreement to Hunters Pest Control for the provision of pest
control services for 46 County maintained facilities. The
agreement is the result of a Request For Quotation, with
Hunters Pest Control being the lowest responsive bidder at
$1,042 per month (Facilities Services budget). The term of
the agreement will be 36 months from the date of execution -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
19. Memoranda of Understanding - the County, the Butte County
Correctional Officers' Association (General and Supervisory
Units), the Communication workers of America (Social Services
workers' Unit), and the Butte County Management Employees'
Association have met and conferred for successor Memoranda
of Understanding which provide for the following major
provisions: 1) salaries will remain unchanged; 2) an increase
in County contribution to employee health premiums effective
January 1, 2004; and 3) a reopening provision upon
implementation of the Countywide classification and
compensation study. The terms of the agreements for the
Butte County Correctional Officers' Association are
October 1, 2003, through April 1, 2004. The terms of the
agreements for the Communication workers of America and the
Butte County Management Employees' Association are
October 1, 2003, through September 30, 2004 - action
requested - APPROVE AGREEMENTS (4) AND AUTHORIZE THE CHAIR
TO SIGN.
MINUTES
PacE 5 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 23, 2004
0406-002 20. County Personnel Administrators Association of California and
Employee Relations, Inc. - approval is requested for an
agreement with County Personnel Administrators Association
of California and Employee Relations, Inc., for the provision
of pre-employment background investigation services. The
term of the agreement is October 1, 2003, through
June 30, 2006, with a maximum amount payable of $14,000
annually (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X14706)
21. Library Donation - pursuant to Government Code Section 25355,
a donation of $l, 800 from the Oroville Friends of the Library
Group has been received for the Butte County Trust Fund for
the purchase of books - action requested - ACCEPT DONATION
AND AUTHORIZE A LETTER OF APPRECIATION.
22. Medi-Cal Administrative Activities/Targeted Case Management
Program - approval is requested for participation fee
agreements with 15 consortium agencies for the Medi-Cal
Administrative Activities/Targeted Case Management program.
The department acts as Host Entity for the consortium. A
total of 55 agencies participate in the program and fee
agreements have been prepared for all agencies. Fifteen of
the agreements exceed $25,000 and require Board approval.
The terms of all agreements are July 1, 2003, through
June 30, 2005 - action requested - APPROVE AGREEMENTS (15)
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
23. Adoption of an Ordinance Requiring Solid waste Removal and
Disposal from Multi-Family Residences and Adding Specified
Definitions Relating to Solid waste - consideration of an
ordinance making garbage service mandatory for multi-family
housing units and mobile home parks, and adding definitions
for Alternative Daily Cover-Processed Green Material and
Green Waste - action requested - ADOPT ORDINANCE 3874 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 3-9-04 [3.40])
24. Adoption 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 various
Butte County roads as follows: 30 miles per hour on South
Park Drive, from Skyway to west Park Drive; 35 miles per hour
on Andover Drive, from South Park Drive (MP 0.00) to South
Park Drive (MP 1.27); 35 miles per hour on Imperial Way, from
Steiffer Road to Goldcone Drive; 35 miles per hour on
Rosewood Drive, from Skyway to Northwood Drive; 35 miles per
hour on Skyway, from South Park Drive to 500 feet north of
Columbine Road; and 40 miles per hour on Nimshew Road, from
Skyway to Carnegie Road. The ordinance also establishes
restrictions on golf carts on Andover Drive, from South Park
Drive to Ponderosa way; South Park Drive, from Andover Drive
to west Park Drive; and west Park Drive, from South Park
Drive to Ponderosa way - action requested - ADOPT ORDINANCE
3875 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-9-04 [3.41])
MINUTES
PacE 6 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 23, 2004
0406-002 25. Vineyard Grove Estates Subdivision - the owners of the
Vineyard Grove Estates Subdivision have requested annexation
to County Service Area (CSA) No. 158 - Ishi Valley Estates
Subdivision, to provide storm drainage maintenance, street
lighting and fire protection services to the proposed
contiguous subdivision. The property owners have agreed to
the existing maximum per parcel service charge which will
allow them to proceed without a ballot proceeding. Submitted
is a resolution of application to the Local Agency Formation
Commission for annexation to the CSA - action requested -
ADOPT RESOLUTION 04-039 AND AUTHORIZE THE CHAIR TO SIGN.
26. Budget Transfer - County Service Area (CSA) No. 24 - Chico-
Mud Creek Drainage - approval is requested for a budget
transfer and associated journal entries necessary to correct
the overpayment of rental equipment fees to the CSA. The
department rents equipment from the CSA for maintenance
within the district. Accounting errors resulted in
overpayment of rental fees in the amount of $51,934, and
approval is requested to return the overpayment and $3,159
in earned interest to the department - action requested -
APPROVE BUDGET TRANSFER B-276 (4 /5 vote required) ACCEPTING
AND APPROPRIATING $55,093 FROM THE CSA TO THE DEPARTMENT AS
DETAILED IN THE AGENDA REPORT; AND APPROVE JOURNAL ENTRIES
NECESSARY TO CORRECT OVERPAYMENT ERRORS.
27. Cascade Consulting - approval is requested to award an
agreement to Cascade Consulting for the provision of grant
management services for the Used Oil Block Grant. The
agreement is the result of a Request For Proposal. The term
of the agreement is March 1, 2004, through August 31, 2004,
with a maximum amount payable of $42,350 (grant funds) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
28. Monthly Investment Report - submitted is the Monthly
Investment Report dated February 27, 2004, in accordance with
the Statement of Investment Policy dated July 1, 2003 -
action requested - ACCEPT FOR INFORMATION.
29. Proposition 40 Funding - the Lake Oroville Joint Powers
Authority is requesting the Board authorize the Oroville
Redevelopment Agency to be the lead agency in providing the
environmental review, planning and implementation of projects
relating to the grant funds from the State Department of
Parks and Recreation - action requested - AUTHORIZE THE
OROVILLE REDEVELOPMENT AGENCY TO BE THE LEAD AGENCY FOR THE
GRANT; AND AUTHORIZE THE JOINT POWERS AUTHORITY TO EXECUTE
AN AGREEMENT WITH THE OROVILLE REDEVELOPMENT AGENCY FOR
PROCESSING THE $3 MILLION STATE PARK AND RECREATION GRANT FOR
AN HISTORIC RIVER TRAIL AND VISITOR/CULTURAL CENTER ALONG THE
FEATHER RIVER IN HISTORIC DOWNTOWN OROVILLE.
MINUTES
PacE 7 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 23, 2004
0406-002 30. Resolution Celebrating 40 years of Community Action - the
Community Action Agency of Butte County is requesting the
Board adopt a resolution celebrating 40 years of community
action - action requested - ADOPT RESOLUTION 04-040 AND
AUTHORIZE THE CHAIR TO SIGN.
31. 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 - the California
Arts Council is requesting 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 04-
041 AND AUTHORIZE THE CHAIR TO SIGN.
32. Resolution Recognizing April as Child Abuse Prevention
Month - the Child Abuse Prevention Council is requesting the
Board adopt a resolution designating April as Child Abuse
Prevention Month in Butte County - action requested - ADOPT
RESOLUTION 04-042 AND AUTHORIZE THE CHAIR TO SIGN.
33. Private Industry Council of Butte County - the Council has
submitted recommendations for Board of Director
appointments - action requested - REAPPOINT AL STIEFEL AND
ROBERT L. HEWITT, OROVILLE BUSINESS REPRESENTATIVES; JOHN
RUSH, CHICO BUSINESS REPRESENTATIVE; CAROL PETERSON, PARADISE
BUSINESS REPRESENTATIVE; RICHARD BALLEW, EMPLOYMENT
DEVELOPMENT SERVICES REPRESENTATIVE (ALL TO TERMS TO END JUNE
2007); AND MIKE TRAVIS, ECONOMIC DEVELOPMENT AGENCY
REPRESENTATIVE, TO A TERM TO END JUNE 2006.
34. Drainage District No. 100 - action requested - REAPPOINT
DENNIS THENGVALL AND MARVIN LUNDBERG, TRUSTEES, TO TERMS TO
END DECEMBER 3, 2007.
35. Certification of Statement of Votes Cast - Primary Election -
pursuant to California Elections Code Section 15372,
submitted is the Certification of Statement of Votes Cast for
the Primary Election held March 2, 2004 - action requested -
ACCEPT CERTIFICATION OF STATEMENT OF VOTES CAST.
36. Allen L. Bender, Inc. - approval is requested to award a
construction agreement to Allen L. Bender, Inc., for the
Courthouse Expansion Project. The agreement is the result
of an Invitation For Bids, with Allen L. Bender, Inc., of
Sacramento, being the lowest responsible bidder at
$3,637,114. The total project cost will be $4,200,681.70,
with $4,045,681.70 provided by the Court and $155,000.00
provided by the County - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
MINUTES
PacE 8 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -MARCH 23, 2004
0406-002 37. Superior Court of California, County of Butte - Revised
Memorandum of Understanding - approval is requested for a
revised Memorandum of Understanding (MOU) with the Superior
Court of California, County of Butte, for the Courthouse
Expansion Project. On February 25, 2003, the Board approved
an MOU with the Court for the project. Subsequent to that
approval, revisions to the project and funding were required.
The proposed MOU reflects those revisions, and will replace
the previous MOU in its entirety. Board approval is also
requested to accept and appropriate additional funding for
the project in the amount of $1,016,646 ($976,646 Court
Funds/$40,000 County Criminal Justice Facilities Temporary
Construction Funds) - action requested - APPROVE REVISED
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR CONTROLLER; AND APPROVE
BUDGET TRANSFER B-290 (4/5 vote required) ACCEPTING AND
APPROPRIATING ADDITIONAL PROJECT REVENUE AS DETAILED IN THE
AGENDA REPORT.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.05 AMENDED TO
CORRECT THE BUDGET TRANSFER AMOUNT TO $633,603, AND THE REMOVAL OF
ITEMS 3.04, 3.19 AND 3.23.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PRESENTATION BY CHAIR BEELER OF A RESOLUTION RECOGNIZING APRIL AS
CHILD ABUSE PREVENTION MONTH TO JOAN ORTEGA, CHILD ABUSE
PREVENTION COUNCIL.
REGULAR AGENDA
0406-003 Boards, Commissions and Committees. (219)
1. Appointments to Listed Vacancies.
MOTION: I MOVE TO APPOINT NIGEL PARKHURST TO THE KIMSHEW CEMETERY DISTRICT
BOARD TO A VACATED TERM TO END JULY 1, 2006.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Board Member or Committee Reports. (265)
PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, AND SUPERVISOR
JOSIASSEN PROVIDE A REPORT ON THE LEGISLATIVE CONFERENCE THEY
ATTENDED LAST WEEK.
SUPERVISOR YAMAGUCHI UPDATES THE BOARD ON THE LAST REGIONAL
COUNCIL OF RURAL COUNTIES MEETING.
MINUTES
PAGE 9
MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -MARCH 23, 2004
0406-004 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (618) PAUL MCINTOSH, CHIEF
ADMINISTRATIVE OFFICER INFORMS THE BOARD THAT THE SPEAKER OF THE
ASSEMBLY MADE CHANGES IN COMMITTEE ASSIGNMENTS, AND ASSEMBLYMAN
KEENE HAS BEEN APPOINTED TO THE COMMITTEE ON APPROPRIATIONS;
UPDATES THE BOARD ON SB410, A BILL THAT WILL CORRECT AN AUDIT
FINDING FROM THE STATE CONTROLLER'S OFFICE REGARDING FIRE FUNDS IN
ERAF; AND UPDATED THE BOARD ON THE STATUS OF COUNTY BUDGET
PREPARATIONS.
BOARD DIRECTION THAT THE CHAIR AND VICE-CHAIR SERVE ON THE
COMMITTEE TO REVIEW THE COUNTY BUDGET.
0406-005 Library Advisory Board - Report to the Board - pursuant to
Resolution 02-060, presentation of a report from the Butte County
Library Advisory Board for the period of July 2003 through
February 2004 - action requested - ACCEPT FOR INFORMATION. (790)
PRESENTATION TO THE BOARD BY JAN SONSTENG, CHAIR OF THE LIBRARY
ADVISORY BOARD.
0406-006 Technical Update of the Butte County General Plan - presentation
and discussion of the process proposed for the Technical Update of
the Butte County General Plan - action requested - DIRECT STAFF TO
RELEASE THE TECHNICAL UPDATE TO THE PUBLIC; AND DIRECT STAFF TO
COORDINATE AND SCHEDULE PUBLIC DISCUSSIONS REGARDING THE TECHNICAL
UPDATE. (938)
MOTION: I MOVE TO DIRECT STAFF TO RELEASE THE TECHNICAL UPDATE TO THE
PUBLIC; AND DIRECT STAFF TO COORDINATE AND SCHEDULE PUBLIC
DISCUSSIONS REGARDING THE TECHNICAL UPDATE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:03 a.m.
RECONVENE : 10:2 1 a . m .
REGULAR AGENDA
0406-007 Introduction of an Ordinance Adding Section 26 -3.3, Entitled
"Notice of Limited Allowed Use" to Chapter 26, Entitled
"Buildings" of the Butte County Code - consid eration of an
ordinance which will allow for the recordation of a notice or deed
restriction specifying the allowed limited uses of residential
accessory bu ildings - action requested - WAIVE READING OF THE
ORDINANCE. (2230)
MOTION: I MOVE TO WAIVE THE READING OF THE ORDINANCE
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MINUTES PacE to MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 23, 2004
0406-008 Items Removed from the Consent Agenda for Board Consideration and
Action. (2402)
1. Enterprise Rent-A-Car - approval is requested to award an
agreement to Enterprise Rent-A-Car for vehicle rental
services for the County. The agreement is the result of a
Request For Proposal, with Enterprise Rent-A-Car being the
only responsive proposal. Based on the cost of maintaining
a County Motor Pool fleet, the proposed agreement is
anticipated to result in significant savings to the County
(approximately $37,000 annually based on miles driven in
2003). The term of the agreement is April 1, 2004, through
March 31, 2007 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
BOARD DIRECTION TO THE CHIEF ADMINISTRATIVE OFFICER TO
DISCUSS THIS ITEM WITH THE PUBLIC WORKS SHOP STAFF TO ASSURE
THEM THAT THIS CONTRACT WILL NOT EFFECT JOBS, THEN RETURN THE
MATTER TO THE NEXT AGENDA.
2. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: TREASURER-TAX COLLECTOR - deletes one position
of Assistant Treasurer-Cash Management. Adds one 600
flexibly staffed position of Revenue and Reimbursement
Officer II/I. SALARY PLAN FOR CLASSIFIED POSITIONS,
REFERENCE F, MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT
CLASSIFICATIONS - eliminates the position of Assistant
Treasurer-Cash Management and adjusts the salary range for
the Assistant Treasurer-Tax Collector (effective 3-2-04)
pursuant to the Memorandum of Understanding with the Butte
County Management Employees' Association regarding salaries
for Assistant Department Heads. SALARY PLAN FOR ELECTED AND
APPOINTED OFFICIALS, REFERENCE A, APPOINTED DEPARTMENT
HEADS - increases the annual salary rate for the Director-
Public Health by $10,445 (effective 1-3-04) pursuant to the
compensation policy for appointed department heads - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION 04-043 AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MINUTES PacE 11 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 23, 2004
PUBLIC HEARINGS AND TIMED ITEMS
0406-009 Continued Public Hearing - Raymond Teesdale - Tentative Parcel Map
and Lot Line Adjustment - Appeal - consideration of an appeal of
the Development Review Committee's denial of a Tentative Parcel
Map and Lot Line Adjustment to divide a 46.28 acre parcel into
four 10 acre lots and a 6.28 acre remainder on property zoned A-5
(Agricultural - 5 acre parcels). The property is located
approximately 1,300 feet north of Central House Road on the west
side of the western Pacific Railroad tracks, near the intersection
of Central House Road and Lone Tree Road, Oroville, and identified
as APN 028-020-054 and 046 (MM [T PM 02-19]) - action requested -
CONTINUE PUBLIC HEARING OPEN TO JUNE 8, 2004, AT 10:30 A.M. (FROM
9-24-02 [5.06]) (3321)
PUBLIC HEARING RECONVENED AT 10:47 A.M., AND CONTINUED OPEN TO AN
UNDETERMINED DATE TO ALLOW COMPLETION OF THE GENERAL PLAN UPDATE.
0406-010 Public Hearing - Tentative Parcel Map Appeal - Ruddy Creek
Partnership - consideration of an appeal of a mitigation measure
for a Tentative Parcel Map to divide a 17.8 ± acre parcel into
four 1.01 ± acre parcels for residential development, and a
remainder parcel of 13.4 ± acres. This is a project on which
notice of intent to adopt a negative declaration with mitigation
measures regarding environmental impacts has been given. Sewage
disposal and domestic water services would be through the
Thermalito Irrigation District (TID) Parcels 2, 3, and 4 would
front on 18t'' Street. Parcel 1, a corner lot, would front on both
18t'' Street and Feather Avenue. The remainder parcel would front
on Feather Avenue. The remainder parcel would ultimately be
developed with an 87-space mobile home park. The property is
zoned A-R (Agricultural Residential) and is located on the
southeast corner of Feather Avenue and 18t'' Street, Thermalito, and
identified as APN 030-360-082, 083, 084 (SB [T PM 03-26]) - action
requested - OPEN HEARING AND CONTINUE OPEN TO APRIL 13, 2004, AT
10:30 A.M., TO ALLOW STAFF ADDITIONAL TIME TO COMPLETE THE AGENDA
REPORT. (3431)
PUBLIC HEARING OPENED AT 10:50 A.M., AND CONTINUED OPEN TO
APRIL 13, 2004, AT 10:30 A.M.
0406-011 Continued Public Hearing - Certificate of Merger Appeal - Reed B.
Johnson - consideration of an appeal of a denial of a Certificate
of Merger for a project to reconfigure 2 parcels on property
located on the northwest corner of Larkin Road and Johnson Clan
Avenue in the Gridley area, and identified as APN 024-200-067 and
068 - action requested - CONTINUE PUBLIC HEARING OPEN TO
APRIL 13, 2004, AT 11:15 A.M. (FROM 1-27-04 [5.03]) (3501)
PUBLIC HEARING RECONVENED AT 10:50 A.M., AND CONTINUED TO AN
UNDETERMINED DATE TO ALLOW FOR COMPLETION OF THE LOT LINE
ADJUSTMENT AND MERGER ORDINANCE.
MINUTES PacE 12 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -MARCH 23, 2004
0406-012 Continued Public Hearing - Lot Line Adjustment Appeal - Charles
Pfister - consideration of an appeal of a denial of a Lot Line
Adjustment for a project to reconfigure 2 parcels to effect a 1991
Homesite Segregation Use Permit approval on property located on
the southeast corner of Peterson Avenue and Lewis Oak Road in the
Gridley area, and identified as APN 021-190-069 and 070 - action
requested - CONTINUE PUBLIC HEARING OPEN TO APRIL 13, 2004, AT
11:15 A.M. (FROM 1-27-04 [5.04]) (3501)
PUBLIC HEARING RECONVENED AT 10:50 A.M., AND CONTINUED TO AN
UNDETERMINED DATE TO ALLOW FOR COMPLETION OF THE LOT LINE
ADJUSTMENT AND MERGER ORDINANCE.
0406-013 Continued Public Hearing - Certificate of Merger Appeal - David
North - consideration of an appeal of a denial of a Certificate of
Merger for a project to merge 8± underlying lots into 2 lots on
property located on the south side of Ludlum Avenue, approximately
200 feet west of Irwin Avenue in the Palermo area, and identified
as APN 026-221-002 - action requested - CONTINUE PUBLIC HEARING
OPEN TO APRIL 13, 2004, AT 11:15 A.M. (FROM 1-27-04 [5.05])
(3501)
PUBLIC HEARING RECONVENED AT 10:50 A.M., AND CONTINUED TO AN
UNDETERMINED DATE TO ALLOW FOR COMPLETION OF THE LOT LINE
ADJUSTMENT AND MERGER ORDINANCE.
0406-014 Continued Public Hearing - Certificate of Merger Appeal - Brian
Cook - consideration of an appeal of a denial of a Certificate of
Merger for a project to modify the common property line between 2
parcels located on the northeast corner of Highway 99 and Drake
Avenue in the Biggs area, and identified as APN 025-120-038 and
046 - action requested - CONTINUE PUBLIC HEARING OPEN TO
APRIL 13, 2004, AT 11:15 A.M. (FROM 1-27-04 [5.06]) (3501)
PUBLIC HEARING RECONVENED AT 10:50 A.M., AND CONTINUED TO AN
UNDETERMINED DATE TO ALLOW FOR COMPLETION OF THE LOT LINE
ADJUSTMENT AND MERGER ORDINANCE.
0406-015 Continued Public Hearing - Certificate of Merger Appeal -
Lawrence E. Crabtree - consideration of an appeal of a denial of
a Certificate of Merger for a project to reconfigure 2 existing
lots located on the south side of Chico River Road, approximately
400 feet east of Crouch Avenue in the Chico area, and identified
as APN 039-120-031 and 032 - action requested - CONTINUED PUBLIC
HEARING IF APPLICANT REQUESTS CONTINUANCE OF APPEAL; OR VACATE
HEARING. (FROM 1-27-04 [5.07]) (4523)
MOTION:
VOTE
MINUTES
PAGE 13
MARCH 23, 2004
THE APPLICANT MODIFIED THE PROJECT TO THE POINT WHERE STAFF COULD
APPROVE IT, SO HE HAS SUBMITTED A LETTER REQUESTING HIS APPEAL BE
WITHDRAWN
I MOVE TO ACCEPT THE WITHDRAW OF THE APPEAL.
M S
l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 23, 2004
PUBLIC COMMENT
0406-016 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. (4607 ) (NONE)
CLOSED SESSION
0406-017 RECESS: THE BOARD RECESSED AT 11:11 A.M., TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)(1) ONE
POTENTIAL CASE; INITIATION OF LITIGATION PURSUANT
TO GOVERNMENT CODE SECTION 54956.9(c) ONE
POTENTIAL CASE; AND ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) CLEANUP AND
ABATEMENT ORDER NO. R5-2003-0707; HUMBOLDT ROAD
BURN DUMP, CHICO, CA. (4621) (**00)
RECONVENE: THE BOARD RECONVENED AT 1:08 P.M., FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)(1) ONE
POTENTIAL CASE; INITIATION OF LITIGATION PURSUANT
TO GOVERNMENT CODE SECTION 54956.9(c) ONE
POTENTIAL CASE; AND ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) CLEANUP AND
ABATEMENT ORDER NO. R5-2003-0707; HUMBOLDT ROAD
BURN DUMP, CHICO, CA.
MINUTES
PacE 14 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 23, 2004
PUBLIC HEARINGS AND TIMED ITEMS
0406-018 Continued Public Hearing - Steve Schuster - Tentative Subdivision
Map (Sierra Moon Subdivision) - Appeal - consideration of appeals
of the Development Review Committee's approval of a Tentative
Subdivision Map to create 119 single family residential parcels in
accordance with a previously approved Planned Development and
Development Agreement. The property is 300 acres total in size.
The 119 residential parcels would be clustered in the southwest
and northwest portion of the 229 acre area that is the subject of
the Development Agreement and Planned Development. An 70.15 acre
Remainder Parcel is also proposed. The proposed single-family
residential lots would range in size from one-third of an acre to
over one acre in size, with half-acre lots being the predominant
size. In accordance with the Development Agreement, traffic
circulation would be accomplished by subdivision road connections
to Hicks Lane at two locations on the east side of the property,
and Spyglass Road and Guntren Road on the west side of the
property. In accordance with the Development Agreement, a total
of 103 acres of open space shall be retained along Hicks Road and
Mud Creek, and a total of approximately 32 acres of open space
shall be retained along Keefer Slough and north of Mud Creek.
Drainage and storm water run-off would be directed into three on-
site retention basins. Sewage disposal would be accomplished by
a community sewage disposal system to be located on the 103-acre
open space parcel. Domestic and fire flow water supplies would be
accomplished through a community water system. This is a project
on which notice of intent to adopt a negative declaration with
mitigation measures regarding environmental impacts has been
given. The property is zoned SR-1/PD (Suburban Residential-1 acre
parcels/Planned Development); OS/PD (Open Space/Planned
Development) and is located north of Chico and west of the Chico
Airport, on the west side of Hicks Lane, approximately 3,000 feet
south of Keefer Road in the North Chico Specific Plan area, and
identified as APN 047-710-001 (DB [TSM 03-O1]) - 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 23, 2004, DENY THE APPEALS AND APPROVE A
MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL
IMPACTS;
2. FIND THAT THIS PROJECT WILL HAVE AN IMPACT TO FISH AND/OR
WILDLIFE HABITAT AND DIRECT THE COLLECTION OF DEPARTMENT OF
FISH AND GAME FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4 AND 14 CCR 753.5; AND
3. SUBJECT TO FINDINGS III (A-G) AS DETAILED IN THE AGENDA
REPORT DATED MARCH 23, 2004, AND THE CONDITIONS OF APPROVAL
AS DETAILED IN EXHIBIT A OF THE AGENDA REPORT DATED
MARCH 23, 2004, DENY THE APPEALS AND APPROVE TENTATIVE
SUBDIVISION MAP 03-O1 FOR STEPHEN J. SCHUSTER, ASSESSOR
PARCEL NUMBER 047-710-001. (FROM 9-9-03 [5.03])
PUBLIC HEARING RECONVENED AT 1:09 P.M.
MINUTES PacE 15 MARCH 23, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
RECESS'
RECONVENE'
2:12 p.m.
2:23 p.m
MINUTES -MARCH 23, 2004
0406-018 Continued Public Hearing - Steve Schuster - Tentative Subdivision
Map (Sierra Moon Subdivision) - Appeal - consideration of appeals
of the Development Review Committee's approval of a Tentative
Subdivision Map to create 119 single family residential parcels in
accordance with a previously approved Planned Development and
Development Agreement. The property is 300 acres total in size.
The 119 residential parcels would be clustered in the southwest
and northwest portion of the 229 acre area that is the subject of
the Development Agreement and Planned Development. An 70.15 acre
Remainder Parcel is also proposed. The proposed single-family
residential lots would range in size from one-third of an acre to
over one acre in size, with half-acre lots being the predominant
size. In accordance with the Development Agreement, traffic
circulation would be accomplished by subdivision road connections
to Hicks Lane at two locations on the east side of the property,
and Spyglass Road and Guntren Road on the west side of the
property. In accordance with the Development Agreement, a total
of 103 acres of open space shall be retained along Hicks Road and
Mud Creek, and a total of approximately 32 acres of open space
shall be retained along Keefer Slough and north of Mud Creek.
Drainage and storm water run-off would be directed into three on-
site retention basins. Sewage disposal would be accomplished by
a community sewage disposal system to be located on the 103-acre
open space parcel. Domestic and fire flow water supplies would be
accomplished through a community water system. This is a project
on which notice of intent to adopt a negative declaration with
mitigation measures regarding environmental impacts has been
given. The property is zoned SR-1/PD (Suburban Residential-1 acre
parcels/Planned Development); OS/PD (Open Space/Planned
Development) and is located north of Chico and west of the Chico
Airport, on the west side of Hicks Lane, approximately 3,000 feet
south of Keefer Road in the North Chico Specific Plan area, and
identified as APN 047-710-001 (DB [TSM 03-O1]) - action
requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
MINUTES
PAGE 16
MARCH 23, 2004
1. SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE AGENDA
REPORT DATED MARCH 23, 2004, DENY THE APPEALS AND APPROVE A
MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL
IMPACTS;
2. FIND THAT THIS PROJECT WILL HAVE AN IMPACT TO FISH AND/OR
WILDLIFE HABITAT AND DIRECT THE COLLECTION OF DEPARTMENT OF
FISH AND GAME FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4 AND 14 CCR 753.5; AND
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 23, 2004
0406-018 3. SUBJECT TO FINDINGS III (A-G) AS DETAILED IN THE AGENDA
REPORT DATED MARCH 23, 2004, AND THE CONDITIONS OF APPROVAL
AS DETAILED IN EXHIBIT A OF THE AGENDA REPORT DATED
MARCH 23, 2004, DENY THE APPEALS AND APPROVE TENTATIVE
SUBDIVISION MAP 03-O1 FOR STEPHEN J. SCHUSTER, ASSESSOR
PARCEL NUMBER 047-710-001. (FROM 9-9-03 [5.03])
PUBLIC HEARING RECONVENED AT 2:23 P.M., AND CONTINUED OPEN TO AN
UNDETERMINED DATE TO ALLOW STAFF TIME TO REVIEW RESOLUTION 98-172,
WHICH AMENDED THE NORTH CHICO SPECIFIC PLAN. THE IMPLEMENTATION
AND CHANGES TO THE NORTH CHICO SPECIFIC PLAN DIRECTED IN
RESOLUTION 98-172 WERE NOT MADE BY STAFF, SO FURTHER REVIEW OF THE
ISSUE IS NEEDED TO DETERMINE WHICH STANDARDS APPLY TO THE PROJECT.
ADJOURNMENT THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 3:19 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, APRIL 13, 2004, AT 9:00 A.M.
R.J. BEELER, CHAIR
Attest:
Paul McIntosh, Chief Administrative
Officer and Clerk of the Board
By.
MINUTES PacE 17 MARCH 23, 2004