HomeMy WebLinkAboutM032503BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -MARCH 25, 2003
Called to Order at 9:04 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.
CHAIR BEELER REQUESTED A MOMENT OF SILENCE IN HONOR AND RESPECT OF
THE TROOPS THAT ARE CURRENTLY SERVING THIS COUNTRY IN THE WAR IN
IRAQ.
Pledge of Allegiance to the Flag of the United States of America.
Invocation - Pastor Curt Jarboe, Grace Baptist Church, Oroville.
CORRECTIONS AND~OR CHANGES TO THE AGENDA
03 -083 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. (8 9)
1. An Ordinance Amending Ordinance Number 3826, Entitled
"Community Health Care Ordinance Providing Standards for the
Use of Local Tobacco Monies" and Amending Chapter 2 of the
Butte County Code, Entitled "Administration", Adding Article
XXIII, Entitled "Community Health Care Ordinance Providing
Standards for the Use of Local Tobacco Monies" - approval is
requested for an ordinance which will amend Ordinance No.
3826, revising Section 1, paragraph (b) to incorporate
changes in the purpose and scope of Proposition 10 and the
Butte County Children and Families Commission as requested
by the Commission, revising Section 2, paragraph (a) to
clarify how appointments to the Tobacco Monies Advisory
Commission are to be made, and adding the required language
to provide for codification of the ordinance into the Butte
County Code - action requested - WAIVE READING OF THE
ORDINANCE.
CONSENT AGENDA
03-084 1. State of California Department of Alcohol and Drug Programs -
Grant Agreement Amendment - approval is requested for an
amendment to the grant agreement with the State of California
Department of Alcohol and Drug Programs for funds to support
the Drug Court Partnership Project. The amendment provides
for an additional $2, 234 in grant funds for fiscal year 2002-
2003. All other terms and provisions remain the same -
action requested - APPROVE BUDGET TRANSFER B-345 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT
REVENUE; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. R40153)
MINUTES PacE I MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -MARCH 25, 2003
03-084 2. T.W. DuFour and Associates - Amendment - approval is
requested for an amendment to the lease agreement with T.W.
DuFour and Associates for the property located at 470 Rio
Lindo Avenue, Suite 1, Chico. The property is utilized by
the Youth Services Division. The amendment corrects the
agreement's term ending date from October 31, 2004, to
October 31, 2003. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11853)
3. Cherokee Restoration Fellowship - Amendment - approval is
requested for an amendment to the agreement with Cherokee
Restoration Fellowship for the provision of residential
treatment services. The amendment increases the maximum
amount payable by $13,807.40 (department budget) for
additional client treatment days. 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. X13745)
4. Facilities Master Plan Steering Committee - Supervisor Houx
submits a District 3 representative to the Facilities Master
Plan Steering Committee - action requested - APPOINT PATRICK
COLE, DISTRICT 3 REPRESENTATIVE.
5. Americans with Disabilities Act (ADA) Door Operators -
Budget Transfer - approval is requested to transfer $2,500
of lease revenue from the County's General Fund to cover the
cost of installing ADA Door Operators at the Paradise Branch
Library. The Paradise Recreation and Park District leases
County-owned land at the rate of $5,000 per year. The lease
agreement provides that the funds received from the lease are
utilized to improve County services or programs - action
requested - APPROVE BUDGET TRANSFER B-350 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED
IN THE AGENDA REPORT.
6. Resolution Certifying Charter Amendment "L" - approval is
requested for a resolution which will provide for the Butte
County Charter Amendment approved by the voters at the
November 5, 2002, general election, and certified to the
Board on December 10, 2002, to henceforth be known to the
County as Ordinance Number 3842 and submitting the Charter
amendment to the Secretary of State of the State of
California in accordance with the provisions of Section 3 of
Article XI of the Constitution of the State of California and
Government Code Section 23723 - action requested - ADOPT
RESOLUTION 03-044 AND AUTHORIZE THE CHAIR TO SIGN; AND
AUTHORIZE THE COUNTY CLERK-RECORDER-REGISTRAR OF VOTERS AND
THE CLERK OF THE BOARD OF SUPERVISOR TO SIGN CERTIFICATION.
MINUTES PacE 2 MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 25, 2003
03-084 7. Abbott & Kindermann, LLP - Amendment - approval is requested
for an amendment to the agreement with Abbott & Kindermann,
LLP, for the provision of specialized attorney services. The
amendment increases the hourly reimbursable rate by $15 per
hour (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 THE AUDITOR-CONTROLLER.
8. Adoption of an Ordinance Correcting the Legal Description of
Ordinance 3767 - approval is requested for an ordinance which
will correct the legal description attached to Ordinance
3767, an ordinance zoning a portion of the County of Butte,
State of California, a C-1 (Light Commercial) district,
pursuant to Section 24-25.40 of the Butte County Code. On
September 11, 2001, the Board approved a Conditional Rezone
of 8 +/- acres of land on the northwest corner of Highway 99
and B Street in the Biggs area to C-1 (Light Commercial).
Subsequent to the approval of the project an error was
discovered in the legal description of the area rezoned. The
proposed ordinance will correct the legal description. Staff
is also requesting the Board approve a revised Conditional
Zoning Agreement containing the corrected legal description -
action requested - ADOPT ORDINANCE 3767A AND AUTHORIZE THE
CHAIR TO SIGN; AND APPROVE CONDITIONAL ZONING AGREEMENT
CONTAINING A CORRECTED LEGAL DESCRIPTION AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 3-11-03 [3.10])
9. Interim Statewide Automated Welfare System Consortium -
approval is requested for a Memorandum of Understanding and
Bylaws for the Interim Statewide Automated Welfare System
(ISAWS) Consortium. The 35 member counties have been
operating as a voluntary consortium for several years and the
proposed documents will create a formalized consortium and
formalize the current process for system maintenance charges.
There are no financial obligations associated with the
proposed documents - action requested - APPROVE MEMORANDUM
OF UNDERSTANDING AND BYLAWS AND AUTHORIZE THE CHAIR TO SIGN.
10. RRM Design Group - approval is requested for an agreement
with RRM Design Group for the provision of architectural and
engineering work for the design of the fire station to be
constructed at Eaton Road and Hicks Lane in the north Chico
area. A Request For Proposal was issued and the selection
committee selected RRM Design Group. The term of the
agreement is March 11, 2003, through June 11, 2003, with a
maximum amount payable of $35,393 (project construction
budget) for services through the schematic design phase. An
option is included in the agreement that allows for extension
of the contract through completion of the project for an
additional maximum amount payable of $153,807 - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
MINUTES
PacE 3 MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 25, 2003
03-084 11. Public Safety Dispatcher Lateral Transfers - approval is
requested to compensate Public Safety Dispatchers hired as
Lateral Transfers at step two of the salary range for Public
Safety Dispatcher in support of recruiting efforts. The job
specifications have been updated to detail qualifications
needed to be hired as a Lateral Transfer - action requested -
APPROVE COMPENSATION OF PUBLIC SAFETY DISPATCHERS HIRED AS
LATERAL TRANSFERS AT STEP TWO OF THE SALARY RANGE FOR PUBLIC
SAFETY DISPATCHERS.
12. Resolution to Amend the Salary Ordinance - approval is
requested for a resolution which will amend the salary
ordinance as follows: HUMAN RESOURCES - deletes one flexibly
staffed position of Personnel Analyst III/II/I and adds one
flexibly staffed position of Personnel Analyst
III/II/I/Personnel Specialist. DISTRICT ATTORNEY-CRIMINAL -
deletes one flexibly staffed sunset position of Office
Assistant III/II/I and adds one sunset position of Legal
Typist Clerk (sunset positions end 6-30-03) SHERIFF-
CORONER-SERVICES - deletes seven flexibly staffed positions
of Public Safety Dispatcher/Public Safety Dispatcher Trainee
and adds seven positions of Public Safety Dispatcher and one
flexibly staffed position of Sheriff's Clerk III/II/I.
SALARY PLAN FOR CLASSIFIED POSITIONS REFERENCE C - eliminates
the classification of Public Safety Dispatcher Trainee and
adjusts the salary range for Public Safety Dispatcher to
$14.70-$17.86. SALARY PLAN FOR CLASSIFIED POSITIONS
REFERENCE F - adjusts the salary range for Supervising
Dispatcher to $17.42-$21.18. Deletes the classification of
Supervising Juvenile Hall Counselor. SALARY PLAN FOR
CLASSIFIED POSITIONS REFERENCE I - adds the classification
of Supervising Juvenile Hall Counselor - action requested -
ADOPT RESOLUTION 03-045 AND AUTHORIZE THE CHAIR TO SIGN.
13. Donations - pursuant to Government Code Section 25355,
donations of $1,181 from the Oroville Friends of the Library
and $1,000 from the Paradise Friends of the Library have been
received for the Butte County Trust Fund for the purchase of
books - action requested - ACCEPT DONATIONS AND AUTHORIZE
LETTERS OF APPRECIATION.
14. Resolution Recognizing National Crime Victims' Rights Week
April 6-12, 2003 - the Butte County Victim and Witness
Assistance Center is requesting the Board adopt a resolution
which recognizes National Crime Victims' Rights Week
April 6-12, 2003 - action requested - ADOPT RESOLUTION 03-046
AND AUTHORIZE THE CHAIR TO SIGN.
15. Vehicle Donation - pursuant to Government Code Section 25355,
approval is requested to accept the donation of a 2001 Ford
Expedition and a 2000 Chevrolet pickup received from Butte
Inter-agency Narcotics Task Force for the Probation
Department - action requested - ACCEPT DONATIONS OF FIXED
ASSET ITEMS AND AUTHORIZE A LETTER OF APPRECIATION.
MINUTES
PacE 4 MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 25, 2003
03-084 16. Private Industry Council - Amendment - approval is requested
for an amendment to the lease agreement with the Private
Industry Council for the property located at 2445 Carmichael
Road in Chico. The location is utilized as the Chico
Employment Center. The amendment provides for the medical
clinic to expand from 780 square feet to 2,095 square feet
and provides for an additional $10,000 (department budget)
set aside for change orders, modifications, infill or
additions necessary for the upgraded clinical 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. X10770)
17. Introduction of an Ordinance Establishing Speed Limits on
Certain Roads Within the County of Butte - consideration of
an ordinance which will establish the following speed zones
in the Chico area: a 25 miles per hour speed limit on Martin
Street (from Wisconsin Street to Cleveland Avenue), Jackson
Street (from Wisconsin Street to California Street), Bruce
Street (from Humboldt Road to Virginia Street), Guill Street
(from Ohio Street to Cleveland Avenue), Wisconsin Street
(from Boucher Street to Guill Street), Colorado Street (from
Boucher Street to Jackson Street), California Street (from
Boucher Street to Jackson Street), Mulberry Street (from East
21St Street to East 23rd Street) , and Laurel Street (from East
21St Street to East 23rd Street). A 30 miles per hour speed
limit on Glenwood Avenue (from State Route 32 [Nord Avenue]
to West Sacramento Avenue) - action requested - WAIVE READING
OF THE ORDINANCE.
18. Resolution Declaring Multi-way Stop Intersection at Oak Park
Avenue and Rose Avenue, Chico - approval is requested for a
resolution which would declare the intersection of Oak Park
Avenue and Rose Avenue in Chico a multi-way stop
intersection. Traffic control considerations deem it
advisable to create the multi-way stop controlled
intersection - action requested - ADOPT RESOLUTION 03-047 AND
AUTHORIZE THE CHAIR TO SIGN.
19. Myron Wade Pugh/Alves Fence Co. - approval is requested for
an agreement with Myron Wade Pugh d/b/a Alves Fence Co., for
repair services to the Public Works Yard fence at 9 County
Center Drive which was damaged during a storm in December
2002. The repair work was directed to be completed as soon
as possible due to the immediate need to secure the yard area
at a cost of $879 (department budget). Mr. Pugh is currently
a Butte County employee who performed the repair work outside
his capacity as a County employee and on his own time.
Subsequent to the completion of the repair work, the
department was informed that Board approval would be required
for the contract work - action requested - APPROVE THE
AGREEMENT AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
MINUTES
PacE 5 MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
03-084
MINUTES
PacE 6 MARCH 25, 2003
MINUTES -MARCH 25, 2003
20. Resolution Authorizing Public Closure of the Thermalito
Afterbay April 12-13, 2003 - approval is requested for a
resolution which will close the Thermalito Afterbay (between
Highway 162 on the north, Hamilton Road on the south, and
Highway 99 on the west to the easterly right-of-way boundary)
to the public from April 12, 2003, at 6:00 a.m. to
April 13, 2003, at 6:00 p.m. in support of a speedboat timed
racing event - action requested - ADOPT RESOLUTION 03-048 AND
AUTHORIZE THE CHAIR TO SIGN.
21. Resolution Recognizing the 10th Anniversary of the Sheriff's
Team of Active Retired Seniors (S.T.A.R.S.) - approval is
requested for a resolution which recognizes and thanks the
S.T.A.R.S. for their contributions to the County of Butte for
the past 10 years - action requested - ADOPT RESOLUTION 03-
049 AND AUTHORIZE THE CHAIR TO SIGN.
22. Facilities Maintenance - Budget Transfer - approval is
requested to transfer $3,033 of department funds between
budget line items to provide the appropriation to fund the
installation of the in the Sheriff's Office break room to
replace asbestos tiles removed for safety reasons - action
requested - APPROVE BUDGET TRANSFER B-352 (4/5 vote
required).
23. Comprehensive Fine Program Reduction in Base Fine Amount -
approval is requested to reduce the base amount for
delinquent fines and forfeitures accounts that can be
included in the comprehensive fine collection program from
$100 to $1.00 pursuant to Penal Code Section 1463.007 and AB
1819 - action requested - APPROVE THE ADOPTION OF A $1.00
BASE FINE AMOUNT.
24. Monthly Investment Report - submitted is the Monthly
Investment Report for February 28, 2003, in accordance
with the Butte County Statement of Investment Policy dated
July 1, 2002 - action requested - ACCEPT FOR INFORMATION.
25. Susan St. Germaine-Morger - approval is requested for an
agreement with Susan St. Germaine-Morger for the provision
of professional consulting services to coordinate grant
activities for the Cherokee Watershed in support of the
grants received from the Department of Water Resources and
the State Water Resources Control Board for capacity
building, citizen water monitoring, and water quality
monitoring. The term of the agreement is April 1, 2003,
through May 1, 2005, with a maximum amount payable of $87, 281
(grant funds) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14057)
26. Resolution Proclaiming March 2003 as Mediation Month in Butte
County - the Mediation Center of the North Valley is
requesting the Board adopt a resolution proclaiming March
2003 as Mediation Month in Butte County - action requested -
ADOPT RESOLUTION 03-050 AND AUTHORIZE THE CHAIR TO SIGN.
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 25, 2003
03-084 MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL
OF ITEM 3.06.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CHAIR BEELER PRESENTED A RESOLUTION RECOGNIZING NATIONAL CRIME
VICTIMS' RIGHTS WEEK TO CORTLAN READ, VICTIM WITNESS PROGRAM.
CHAIR BEELER PRESENTED A RESOLUTION PROCLAIMING MARCH AS MEDIATION
MONTH TO MARGARET GRINNELL, MEDIATION CENTER OF THE NORTH VALLEY.
REGULAR AGENDA
03-085 Appointments to Boards, Commissions and Committees. (303)
1. Appointments to Listed Vacancies. (NONE)
03-086 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (308) PAUL MCINTOSH, CHIEF ADMINISTRATIVE
OFFICER, PROVIDED THE BOARD WITH AN UPDATE ON THE CALIFORNIA STATE
ASSOCIATION OF COUNTIES' LEGISLATIVE CONFERENCE HELD THE PREVIOUS
WEEK.
03-087 Kronos Inc. - Time and Attendance System - Report to the Board and
Award of Bid - bids have been received for the acquisition and
implementation of an automated time and attendance system that
will be deployed in every County department and utilized by all
County employees - action requested - APPROVE BUDGET TRANSFER B-
351 (4/5 vote required); APPROVE AGREEMENT WITH KRONOS INC., FOR
SYSTEM ACQUISITION AND IMPLEMENTATION AND AUTHORIZE THE CHAIR TO
SIGN; APPROVE PURCHASE OF FIXED ASSETS IN SUPPORT OF THE PROJECT;
AND APPROVE SOFTWARE MAINTENANCE AGREEMENT WITH KRONOS INC., AND
AUTHORIZE THE CHAIR TO SIGN. (357)
MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-351, APPROVE AGREEMENT WITH
KRONOS INC., FOR SYSTEM ACQUISITION AND IMPLEMENTATION AND
AUTHORIZE THE CHAIR TO SIGN, APPROVE THE PURCHASE OF FIXED ASSETS
IN SUPPORT OF THE PROJECT AND APPROVE THE SOFTWARE MAINTENANCE
AGREEMENT WITH KRONOS INC., AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MINUTES
PacE 7 MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -MARCH 25, 2003
03-088 Integrated Groundwater Management Program and Plan Ordinance -
consideration of a proposed ordinance that is intended to: 1)
identify and implement, on a comprehensive and integrated basis,
existing County ordinances and land use planning policies and
their applicability and effect on groundwater management and
regulation within the County; 2) protect the groundwater resources
within the County through the management and regulation of
groundwater pursuant to the County' s police power and land use
authority; 3) coordinate and cooperate with local water agencies
and purveyors and groundwater users within the County; and 4)
provide a minimum and uniform standard of groundwater protection
within the County - action requested - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 3-11-03 [4.03]) (884)
MOTION: I MOVE TO ADOPT ORDINANCE 3846 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-089 Butte County Integrated Watershed and Resource Conservation
Program - Report to the Board - update on the status of the
project and presentation of an outreach plan - action requested -
ACCEPT FOR INFORMATION. (920)
PRESENTATION TO THE BOARD BY ED CRADDOCK, DIRECTOR-WATER AND
RESOURCE CONSERVATION AND BOB VINCE, CAMP, DRESSER AND MCKEE.
RECESS: 10:16 A.M.
RECONVENE: 10:31 A.M.
PUBLIC HEARINGS AND TIMED ITEMS
03-090 Continued Public Hearing - Abandonment of a Portion of Crown Point
Road - the County has received a request to abandon the northerly
portion of Crown Point Road, northeast of State Highway 32, in the
Forest Ranch area. On January 9, 2003, the Planning Commission
recommended approval of the abandonment and on January 28, 2003,
the Board adopted Resolution 03-020, giving notice of the hearing
on the petition to abandon the public right-of-way - action
requested - FIND THE PUBLIC RIGHT-OF-WAY DESCRIBED IN THE NOTICE
OF HEARING AND PETITION IS UNNECESSARY FOR PRESENT OR PROSPECTIVE
PUBLIC USE AND ADOPT A RESOLUTION ABANDONING THE DESCRIBED PORTION
OF THE CROWN POINT ROAD RIGHT-OF-WAY AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 2-25-03 [5.01]) (2433)
PUBLIC HEARING RECONVENED: 10:31 A.M.
PUBLIC HEARING CLOSED: 10:53 A.M.
MOTION: I MOVE TO NOT ABANDON THIS ROAD.
M S
VOTE : 1 2 3 4 5
MINUTES PAGE 8
MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 25, 2003
03-090 MOTION: I MOVE FOR A MOTION TO TABLE SUPERVISOR HOUX'S MOTION,
CONTINUE THIS MATTER FOR ONE MONTH, ASK BOTH PROPERTY
OWNERS TO PRESENT TO THE BOARD WRITINGS OF EASEMENT
GUARANTEES FOR THE ELLIOTT'S PROPERTY, AND THAT THE
BOARD CONSIDER ADDING THAT AS A CONDITION AT THE NEXT
MEETING.
M S
VOTE: 1 N 2 Y 3 N 4 Y 5 Y (Motion Carried)
ITEM TO RETURN TO THE BOARD ON APRIL 22, 2003, AT 10:00 A.M.
03-091 Public Hearing - County Service Area (CSA) No. 135, Zone 2 (Keefer
Creek Estates, Zone 2) - Protest Hearing - CSA No. 135-Zone 2
provides street lighting, drainage and sewer services. The
current per parcel service charge is insufficient to cover the
increased waste water permit fee charged by the state and maintain
current service levels. A hearing is being held to accept
landowner protests to the proposed per parcel increase and, if a
majority protest is not received, to direct commencement of a
ballot proceeding for the proposed charge - action requested -
OPEN PUBLIC HEARING; ACCEPT ALL WRITTEN PROTESTS; CLOSE PUBLIC
HEARING; REQUEST RESULTS OF WRITTEN PROTESTS FROM CLERK OF THE
BOARD; IF A MAJORITY PROTEST EXISTS, DIRECT THAT THE PROPOSED
INCREASE NOT BE IMPOSED. IF A MAJORITY PROTEST DOES NOT EXIST,
ADOPT A RESOLUTION DIRECTING A BALLOT PROCEEDING AND SETTING A
PUBLIC HEARING FOR JUNE 10, 2003, AT 10:30 A.M. (**3685)
PUBLIC HEARING OPENED: 10:59 A.M.
PUBLIC HEARING CLOSED: 11:13 A.M.
TOTAL PARCELS IN THE COUNTY SERVICE AREA: 21
TOTAL WRITTEN PROTESTS RECEIVED: 2
TOTAL PROTEST RECEIVED AT HEARING: 1
MAJORITY PROTEST NOT RECEIVED
MOTION: I MOVE TO ADOPT RESOLUTION 03-051 DIRECTING A BALLOT PROCEEDING
AND SETTING A PUBLIC HEARING FOR JUNE 10, 2003, AT 10:30 A.M.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
BOARD DIRECTION THAT STAFF INVESTIGATE THE PROBLEM DISCUSSED BY
MR. NICKERSON, REGARDING A CSA NO. 87 FEE (NORTH CHICO SPECIFIC
PLAN AGREEMENT FEE) REFUND AND RETURN THE MATTER TO THE BOARD AS
SOON AS POSSIBLE.
MINUTES
PacE 9 MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -MARCH 25, 2003
03-092 Public Hearing -Intent to Adopt a Mitigated Negative Declaration
for the West Eighth Avenue Road Improvement Project - Butte County
Public Works, in cooperation with the City of Chico, is proposing
to reconstruct West Eighth Avenue from its existing intersection
at State Route 32 to its terminus at the Esplanade. The County
proposes to improve West Eighth Avenue using a typical street
section design consisting of County Standard 32-foot pavement
width (one 11-foot lane and 5-foot bike lane in each direction)
with concrete curb gutters and sidewalks. Sidewalks will be
detached to provide a roadside parkway where there is sufficient
right-of-way. Other traffic improvements proposed include
roundabouts at the intersections of Greenwich Drive, Meadow Road
(north) and Magnolia Avenue, dedicated left turn pockets at both
North Cherry Street and Citrus Avenue, and a raised concrete
median at Arcadian Avenue. Additional improvements include new
storm drainage facilities, sanitary sewer mains with service
laterals and a storm drainage easement. The County has reviewed
and considered the proposed project and has determined that,
subject to mitigation measures identified in the Negative
Declaration, the project will not have a significant effect on the
environment, with substantial supporting evidence provided in the
Negative Declaration - action requested - STAFF RECOMMENDS THE
BOARD TAKE THE FOLLOWING ACTIONS:
1. FIND THE WEST EIGHTH AVENUE ROAD IMPROVEMENT PROJECT, BUTTE
COUNTY PROJECT NUMBER 54181-99-1, COULD HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT;
2. SUBJECT TO FINDINGS II (A-D) AS DETAILED IN THE STAFF
REPORT, ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS AND AUTHORIZE THE CHAIR TO SIGN; AND
3. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS
WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND 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 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 WILDLIFE SERVICE. THE
PROJECT WILL NOT HAVE A SUBSTANTIAL ADVERSE 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. (4502) (**00)
PUBLIC HEARING OPENED: 11:25 A.M.
PUBLIC HEARING CLOSED: 11:33 A.M.
MINUTES
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MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -MARCH 25, 2003
03-092 MOTION: I MOVE TO FIND THE WEST EIGHTH AVENUE ROAD IMPROVEMENT
PROJECT, BUTTE COUNTY PROJECT NUMBER 54181-99-1, COULD
HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT; SUBJECT
TO FINDINGS II (A-D) AS DETAILED IN THE STAFF REPORT,
MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACTS AND AUTHORIZE THE CHAIR
TO SIGN; AND FIND THAT THE DESIGN OF THE PROPOSED
PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL
DAMAGE TO FISH AND 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 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 WILDLIFE SERVICE. THE PROJECT WILL NOT HAVE A
SUBSTANTIAL ADVERSE 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.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-093 Public Hearing - Margaret Mills - Tentative Parcel Map -
consideration of an appeal of the Development Review Committee's
denial of a Tentative Parcel Map to divide a 10 +/- acre parcel
into two 5 acre parcels on property zoned A-5 (Agricultural - 5
acre parcels). This is an item not subject to environmental
review. The property is located on the east side of Dunstone
Drive, approximately 3,400 feet south of Avocado Road, in the
Bangor area and identified as APN 028-200-041 (CS [T PM 03-11]) -
action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING
ACTIONS:
1. SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE STAFF REPORT
DATED MARCH 25, 2003, FIND THAT THE A-5 ZONE AND THE PROPOSED
PROJECT IS NOT CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN;
AND
2. UPHOLD THE DEVELOPMENT REVIEW COMMITTEE'S ACTION AND DENY THE
APPEAL FOR TENTATIVE SUBDIVISION MAP 03-11. (**540)
PUBLIC HEARING OPENED AT 11:34 A.M. AND CONTINUED OPEN TO
MAY 13, 2003, AT 10:30 A.M. AT THE REQUEST OF THE APPLICANT.
MINUTES
PAGE 11
MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 25, 2003
REGULAR AGENDA
03-094 Request to Cross 1-foot No Access Strip on Forest Ranch Road -
consideration of a request to cross a 1-foot no access strip on
Forest Ranch Road - action requested - STAFF RECOMMENDS THE BOARD
TAKE ONE OF THE FOLLOWING TWO ACTIONS:
1. DENY THE REQUEST TO CROSS THE 1-FOOT NO ACCESS STRIP ON
FOREST RANCH ROAD FOR TWO NEW DRIVEWAYS, FINDING THAT THE MAP
CONDITIONS PRECLUDE DIRECT ACCESS TO FOREST RANCH ROAD AND
REQUIRE THE DRIVEWAY TO THE PARCEL BE LOCATED WITHIN THE
SOUTHERLY 50o OF THE PARCEL AND ACCESS CONTENTMENT LANE; OR
2. SUBJECT TO THE CONDITIONS OF APPROVAL 2 (A & B) AS DETAILED
IN THE AGENDA REPORT, APPROVE THE REQUEST TO CROSS THE 1-FOOT
NO ACCESS STRIP ON FOREST RANCH ROAD FOR TWO NEW DRIVEWAYS.
(**810)
MOTION: I MOVE, SUBJECT TO THE CONDITIONS OF APPROVAL 2 (A & B) AS
DETAILED IN THE AGENDA REPORT, TO APPROVE THE REQUEST TO CROSS THE
1-FOOT NO ACCESS STRIP ON FOREST RANCH ROAD FOR TWO NEW DRIVEWAYS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-095 In-Home Supportive Services - Report to the Board - update
regarding status of In-Home Supportive Services program and Public
Authority implementation - action requested - ACCEPT FOR
INFORMATION. (**1100) (***00)
PRESENTATION TO THE BOARD BY PAUL MCINTOSH, CHIEF ADMINISTRATIVE
OFFICER.
PUBLIC HEARING AND TIMED ITEMS
03-096 Continued Public Hearing - Consideration of an Ordinance Amending
Flood Hazard Prevention and Special Permit Zone II Levee and
Building Regulations in Chapter 26 of the Butte County Code
Regarding Conversion or Restoration of Land for Conservation
Purposes, and a Zoning Ordinance Amending Chapter 24 of the Butte
County Code Requiring a Use Permit for the Conversion of Land for
Conservation Purposes - proposed are the following two ordinances:
1. An Ordinance Amending Flood Hazard Prevention and Special
Permit Zone II Levee and Building Regulations in Chapter 26
of the Butte County Code Regarding Conversion or Restoration
of Land for Conservation Purposes - the proposed ordinance
is intended to regulate specified activities for the purpose
of protecting people and property from flood hazards and
protecting man-made conditions on farmland within the
unincorporated area of Butte County which is adjacent to land
upon which a conversion to natural habitat is proposed; and
MINUTES
PacE 12 MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 25, 2003
03-096 2. A Zoning Ordinance Amending Chapter 24 of the Butte County
Code Requiring a Use Permit for the Conversion of Land for
Conservation Purposes - the proposed ordinance is intended
to regulate the conversion of land for conservation purposes.
The purpose of such regulation is to insure that
environmental impacts which emanate from lands converted from
existing uses are mitigated by the owners of the land
converted and to insure that the expenses of the mitigation
of such impacts are not shifted to County taxpayers.
Action requested - WAIVE READING OF AMENDED ORDINANCES. (FROM
3-11-03 [5.05]) (***501)
PUBLIC HEARING RECONVENED AT 1:01 P.M. AND CONTINUED OPEN TO
APRIL 8, 2003, AT 1:15 P.M.
CLOSED SESSION
03-097 RECESS: THE BOARD RECESSED AT 2:11 P.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.3(c) ONE POTENTIAL CASE;
CONFERENCE WITH LEGAL COUNSEL REGARDING
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)(1) ONE
POTENTIAL CASE; PUBLIC EMPLOYEE PERFORMANCE
EVALUATION PURSUANT TO GOVERNMENT CODE SECTION
54957: DIRECTOR-HUMAN RESOURCES; AND CONFERENCE
WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6: AGENCY REPRESENTATIVES:
JEANNE GRAVETTE; EMPLOYEE ORGANIZATIONS: BUTTE
COUNTY EMPLOYEES ASSOCIATION (GENERAL UNIT);
BUTTE COUNTY MANAGEMENT EMPLOYEES ASSOCIATION
(MANAGEMENT AND SUPERVISORY UNIT); DEPUTY
SHERIFF'S ASSOCIATION (GENERAL UNIT AND
MANAGEMENT AND SUPERVISORY UNIT); BUTTE COUNTY
CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL UNIT
AND MANAGEMENT AND SUPERVISORY UNIT);
PROFESSIONAL EMPLOYEES UNIT; SOCIAL SERVICES
WORKERS UNIT; AND PROBATION PEACE OFFICERS'
ASSOCIATION. (***3389)
MINUTES
PacE 13 MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -MARCH 25, 2003
03-097 RECONVENE: THE BOARD RECONVENED AT 3:21 P.M. FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.3(c) ONE POTENTIAL CASE;
CONFERENCE WITH LEGAL COUNSEL REGARDING
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)(1) ONE
POTENTIAL CASE; PUBLIC EMPLOYEE PERFORMANCE
EVALUATION PURSUANT TO GOVERNMENT CODE SECTION
54957: DIRECTOR-HUMAN RESOURCES; AND CONFERENCE
WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54957.6: AGENCY REPRESENTATIVES:
JEANNE GRAVETTE; EMPLOYEE ORGANIZATIONS: BUTTE
COUNTY EMPLOYEES ASSOCIATION (GENERAL UNIT);
BUTTE COUNTY MANAGEMENT EMPLOYEES ASSOCIATION
(MANAGEMENT AND SUPERVISORY UNIT); DEPUTY
SHERIFF'S ASSOCIATION (GENERAL UNIT AND
MANAGEMENT AND SUPERVISORY UNIT); BUTTE COUNTY
CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL UNIT
AND MANAGEMENT AND SUPERVISORY UNIT);
PROFESSIONAL EMPLOYEES UNIT; SOCIAL SERVICES
WORKERS UNIT; AND PROBATION PEACE OFFICERS'
ASSOCIATION. (***3462) (NO ANNOUNCEMENTS)
SUPERVISOR HOUR NOT PRESENT.
REGULAR AGENDA
CHAIR BEELER REQUESTED ADDITIONAL SPEAKERS ON THE IN-HOME
SUPPORTIVE SERVICES PUBLIC AUTHORITY UPDATE AGENDA ITEM. NO
ADDITIONAL COMMENTS RECEIVED
03-098 Conditional Discharge Waiver for Agricultural Lands - Report to
the Board - presentation of a resolution adopted by the California
Regional Water Quality Control Board, Central Valley Region,
regarding a conditional waiver of waste discharge requirements for
discharges from irrigated lands. The Agricultural Advisory
Commission is requesting the Board support the formation of the
Sacramento Valley Water Quality Coalition to address water quality
issues in the Sacramento River and its tributaries and to support
the formation of a voluntary Agricultural Water Quality Workgroup
to address irrigation land discharge waiver issues - action
requested - ACCEPT REPORT FOR INFORMATION; AND PASS A MOTION TO
SUPPORT THE FORMATION OF THE SACRAMENTO VALLEY WATER QUALITY
COALITION AND THE BUTTE COUNTY AGRICULTURAL WATER QUALITY
WORKGROUP. (***3498) (****00)
MOTION:
VOTE
MINUTES
I MOVE TO SUPPORT THE FORMATION OF THE SACRAMENTO VALLEY WATER
QUALITY COALITION AND THE BUTTE COUNTY AGRICULTURAL WATER QUALITY
WORKGROUP.
M S
1 Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
PAGE 14
MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -MARCH 25, 2003
03-099 Northern California Power Agency and City of Fremont - Memorandum
of Understanding - consideration of a Memorandum of Understanding
with the Northern California Power Agency (NCPA) and the City of
Fremont to jointly fund an application for Federal Energy
Regulatory Commission Project 2107 (the Poe Project located on the
North Fork of the Feather River in Butte County) - action
requested - APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE CHIEF
ADMINISTRATIVE OFFICER; AND APPROVE BUDGET TRANSFER B-353 (4/5
vote required) TRANSFERRING $300,000 FROM THE GENERAL FUND
APPROPRIATION FOR CONTINGENCY TO THE COUNTY COUNSEL BUDGET.
MOTION: I MOVE TO APPROVE THE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
CHIEF ADMINISTRATIVE OFFICER; AND APPROVE BUDGET TRANSFER B-353
(4/5 vote required) TRANSFERRING $300,000 FROM THE GENERAL FUND
APPROPRIATION FOR CONTINGENCY TO THE COUNTY COUNSEL BUDGET.
S M
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
03-100 Items Removed from the Consent Agenda for Board Consideration and
Action. (****1034)
1. An Ordinance Amending Ordinance Number 3826, Entitled
"Community Health Care Ordinance Providing Standards for the
Use of Local Tobacco Monies" and Amending Chapter 2 of the
Butte County Code, Entitled "Administration", Adding Article
XXIII, Entitled "Community Health Care Ordinance Providing
Standards for the Use of Local Tobacco Monies" - approval is
requested for an ordinance which will amend Ordinance No.
3826, revising Section 1, paragraph (b) to incorporate
changes in the purpose and scope of Proposition 10 and the
Butte County Children and Families Commission as requested
by the Commission, revising Section 2, paragraph (a) to
clarify how appointments to the Tobacco Monies Advisory
Commission are to be made, and adding the required language
to provide for codification of the ordinance into the Butte
County Code - action requested - WAIVE READING OF THE
ORDINANCE.
MOTION: I MOVE TO WAIVE THE READING OF THE ORDINANCE.
M S
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
03-101 Puszzc COMMENT
Comments to the Board on issues and items not listed on the
agenda. Presentations will be limited to five minutes. Please
note that pursuant to State law, the Board of Supervisors is
prohibited from taking action on any item not listed on the
agenda. (****1378) (NONE)
MINUTES
PAGE 15
MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 25, 2003
P,DJOURIrt~NT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 4:08 P.M. TO
RECONVENE AT A SPECIAL MEETING OF THE BOARD TO BE
HELD WEDNESDAY, MARCH 26, 2003, AT 9:00 A.M.
R.J. BEELER, CHAIR
ATTEST:
Paul McIntosh, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
MINUTES PacE 16 MARCH 25, 2003