HomeMy WebLinkAboutM081704BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 17, 2004
Called to order at 9:03 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. (72)
04 15-00 1 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
1. Canteen Correctional Services - approval is requested for a
revenue agreement with Canteen Correctional Services for
provision of commissary services in the Butte County Jail.
The term of the agreement is September 1, 2004, through
August 31, 2007, with a maximum amount payable to the County
of 370 of the net sales. The agreement is the result of a
competitive proposal process - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
AT THE REQUEST OF THE SHERIFF'S OFFICE, THIS ITEM REMOVED FROM THE
AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. THE ITEM IS
EXPECTED TO RETURN ON THE AGENDA OF AUGUST 31, 2004.
CONSENT AGENDA
0415-002 1. Fiscal Year 2003-2004 Final Budget Transfer - the department
has prepared the final budget transfer for fiscal year 2003-
2004. The transfer clears deficit appropriations and makes
transfers needed to close the 2003-2004 fiscal year - action
requested - APPROVE BUDGET TRANSFER B-544 (4 /5 vote
required).
2. J. Gregory Long, D.O. - approval is requested for a sole
source agreement with J. Gregory Long, D.O., for the
provision of professional services in the specialized field
of psychiatry. The term of the agreement is August 1, 2004,
through June 30, 2005, with a maximum amount payable of
$184,120 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
MINUTES
PAGE 1 AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 17, 2004
0415-002 3. State of California, Department of Alcohol and Drug
Programs - Amendment - approval is requested for an amendment
to the revenue agreement with the State of California,
Department of Alcohol and Drug Programs, for Negotiated Net
Amount and Drug/Medi-Cal funds. The amendment increases the
fiscal year 2003-2004 allocation by $21,829, and revises the
budget detail forms to reflect the increase. All other terms
and provisions remain the same - action requested - ADOPT
RESOLUTION 04-142 APPROVING AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN; AND AUTHORIZE THE CHAIR TO SIGN AMENDMENT
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. R40320)
4. 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 funds for the Comprehensive Drug Court
Implementation Program. The agreement provides the County
with $70,104 for Project Year 4 - action requested - ADOPT
RESOLUTION 04-143 APPROVING AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN; AND AUTHORIZE THE CHAIR TO SIGN AGREEMENT SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. R40325)
5. Youth For Change - approval is requested for a sole source
agreement with Youth For Change for the provision of
sheltering services for the Homeless Emergency Runaway Effort
(HERE) Program. The term of the agreement is
August 11, 2004, through September 29, 2005, with a maximum
amount payable of $49,800 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
6. willow Glen Care Center - approval is requested for a sole
source agreement with the willow Glen Care Center for the
provision of rehabilitation services to referred clients.
The term of the agreement is July 1, 2004, through
June 30, 2005, with a maximum amount payable of $83,005
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
7. Butte County Probation Department/Butte County Department of
Behavioral Health - Amendment - approval is requested for an
amendment to the Memorandum of Understanding with the
Probation Department for the provision of drug testing
services for Drug Court programs. The amendment extends the
term of the agreement though June 30, 2005, increases the
maximum amount payable by $20,154 (grant funds) for the
extended term, and revises the agreement's attachments to
reflect the changes. All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X10941)
MINUTES
PAGE 2 AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 17, 2004
0415-002 8. Butte County Probation Department/Butte County Department of
Behavioral Health - Amendment - approval is requested for an
amendment to the Memorandum of Understanding with the
Probation Department for services in support of Substance
Abuse and Crime Prevention Act programs. The amendment
extends the term of the agreement through June 30, 2005,
increases the maximum amount payable by $292,453 (department
budget) for the extended term, and revises the agreement's
attachments to reflect the changes. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X13481)
9. Authorize Payment of Field Purchase Orders - approval is
requested, pursuant to the Butte County Purchasing Policy
Manual, to authorize payment of four Field Purchase Orders
(FPOs) in the total amount of $7,859.39 (department budget).
The FPOS were inadvertently used to purchase items that
exceeded the purchase limit for FPOs. The errors occurred
as a result of a misunderstanding of the purchasing process,
and procedures will be developed to prevent the oversight
from occurring in the future - action requested - AUTHORIZE
THE PAYMENT OF FIELD PURCHASE ORDERS F317289, F317244, AND
F317245 IN THE TOTAL AMOUNT OF $5,164.09, AND F318620 IN THE
AMOUNT OF $2,695.30.
10. Resolution in Remembrance and Recognition of Margaret "Peg"
Taylor and the Peg Taylor Center for Adult Day Health Care -
Supervisor Houx is requesting the Board adopt a resolution
celebrating the 100t'' birthday of Margaret "Peg" Taylor and
recognizing the important role the Peg Taylor Center for
Adult Day Health Care plays in the lives of Butte County
citizens - action requested - ADOPT RESOLUTION 04-144 AND
AUTHORIZE THE CHAIR TO SIGN.
11. Consolidated Area Housing Authority of Sutter County -
approval is requested for an agreement with the Consolidated
Area Housing Authority of Sutter County for administration
of the County's Housing Rehabilitation Loan Program. The
term of the agreement is three years, with a maximum amount
payable of $40,000 per year (HCD Program Income). The
agreement is the result of a Request For Proposal - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
12. First Responder Homeland Defense Act - approval is requested
for support of 52239, the First Responder Homeland Defense
Act. Senator Boxer has introduced the federal legislation
which would authorize funding, technical assistance and
direct grants to local law enforcement, firefighters and
public health workers - action requested - SUPPORT 52239
(BOXER) AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO
CONVEY THAT SUPPORT TO THE NECESSARY PARTIES.
MINUTES
PAGE 3 AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 17, 2004
0415-002 13. Resolution Supporting Proposition lA - approval is requested
for a resolution of support for Proposition lA, a
Constitutional Amendment which will appear on the November
ballot. The amendment will protect local government revenues
by limiting the State's ability to take and use local
government funding - action requested - ADOPT RESOLUTION
04-145 AND AUTHORIZE THE CHAIR TO SIGN.
14. A.D.I. Investigative Services - Amendment - approval is
requested for an amendment to the agreement with A.D.I.
Investigative Services for the provision of Legal Process
Server services. The amendment increases the maximum amount
payable by $3,000 (department budget). All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X14200)
15. Help America Vote Act (HAVA) Grant - approval is requested
to ratify the grant application submitted to the Secretary
of State for HAVA funds. The funds will be utilized for
voter education and precinct officer training assistance.
The grant awards are based on the number of eligible voters
per county, and Butte County is eligible for an award of up
to $85,000. There is no required match for the grant. The
accelerated time line for submission of the grant application
required the County Clerk-Recorder to submit the application
prior to Board approval to insure the County's eligibility
for the award. Board approval is now requested for a
resolution which will ratify the grant application and
authorize the County Clerk-Recorder to sign all future
documents associated with the grant - action requested -
RATIFY GRANT APPLICATION; AND ADOPT RESOLUTION 04-146
AUTHORIZING ACCEPTANCE OF FUNDS AND AUTHORIZING THE COUNTY
CLERK-RECORDER TO SIGN GRANT DOCUMENTS AND AUTHORIZE THE
CHAIR TO SIGN.
16. Resource Design Technology, Inc., and KRC Holdings, Inc. -
Amendment - approval is requested for an amendment to the
agreement with Resource Design Technology, Inc., and KRC
Holdings, Inc., for the preparation of an Environmental
Impact Report for the M&T Chico Ranch Mine. The amendment
adds additional work needed to complete the report, and
increases the maximum amount payable by $66,578.75. The
applicant, KRC Holdings, Inc., provides the funding for the
agreement and Board approval is also requested to accept and
appropriate the funds for the amendment. 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; AND
APPROVE BUDGET TRANSFER B-O10 (4 /5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT. (Contract No. X11681)
MINUTES
PAGE 4 AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 17, 2004
0415-002 17. United States Department of Justice/United States Department
of the Treasury - approval is requested for the Federal
Annual Certification Report which provides a summary of
equitable sharing activity for fiscal year 2003-2004 - action
requested - APPROVE CERTIFICATION REPORT AND AUTHORIZE THE
CHAIR TO SIGN.
18. Resolution in Recognition of Richard Prater upon His
Retirement from the County of Butte - action requested -
ADOPT RESOLUTION 04-147 AND AUTHORIZE THE CHAIR TO SIGN.
19. Juvenile Hall Construction Fund Balance - approval is
requested to transfer the available project fund balance from
the Juvenile Hall Capital Project budget to the current
fiscal year budget. The funds will be utilized to resolve
construction quality issues - action requested - APPROVE
BUDGET TRANSFER B-Oll (4/5 vote required) ACCEPTING AND
APPROPRIATING FUND BALANCE AS DETAILED IN THE AGENDA REPORT.
20. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: ADMINISTRATIVE-EMERGENCY SERVICES - deletes one
3/4-time position of Office Assistant II, and adds one full-
time position of Office Assistant II - action requested -
ADOPT RESOLUTION 04-148 AND AUTHORIZE THE CHAIR TO SIGN.
21. IRC Section 125 Flexible Spending
is requested for amendments to the
Flexible Spending Plan document.
definition of Medical Expense
section regarding the Health I
Accountability Act, and revi
Description - action requested
Plan Amendment - approval
County's IRC Section 125
The amendment revises the
Section 6.2(c)), adds a
nsurance Portability and
ses the Summary Plan
- APPROVE AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL.
22. Creative Benefits, Inc. - approval is requested for an
agreement with Creative Benefits, Inc., for the
administration of the County's IRC Section 125 Flexible
Spending Plan. The term of the agreement is July 1, 2004,
through June 30, 2006, and will automatically extend on a
year-to-year basis unless cancelled by either party. The
cost of the agreement is based on the number of County
employees, and is estimated at $9,000 per year. That cost
is distributed to all County departments. Savings generated
by participation in the program exceed the cost of the
administrative services - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
MINUTES PaGE 5 AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 17, 2004
0415-002 23. Library Donations - pursuant to Government Code Section
25355, donations of $913.18 from the Paradise Friends of the
Library, $855 from the Oroville Friends of the Library, $150
from Izzy's Burger Spa of Paradise, $150 from Dorothy
Dingfelder of Chico, and $100 from Virginia Boggs of Chico,
have been received for the Butte County Trust Fund for the
purchase of books - action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
24. Donations for Operations - pursuant to Government Code
Section 25355, a donation of $4,521.80 from the Gridley
Friends of the Library, has been received to fund extra help
support staff at the Gridley Branch Library - action
requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF
APPRECIATION.
25. Budget Transfer for Purchase - approval is requested to
transfer $4,750 from the ward welfare Fund to the
department's budget to provide the appropriation needed to
purchase video conferencing equipment for use in detention
hearings for juveniles - action requested - APPROVE BUDGET
TRANSFER B-013 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
26. Grant Funds - approval is requested to accept and appropriate
$2,000 received from the Organized Crime Drug Enforcement
Task Force. The funds will be utilized to help pay for
overtime costs incurred in Butte Interagency Narcotics Task
Force operations - action requested - APPROVE BUDGET TRANSFER
B-012 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT.
27. Private Industry Council, Inc. - Amendment - approval is
requested for an amendment to the sublease agreement with the
Private Industry Council, Inc., for office space in the
building located at 2445 Carmichael Road in Chico. The
amendment increases the square footage leased for the medical
clinic, adds $15,000 for change orders and modifications for
fiscal year 2004-2005, and adds $10, 000 for change orders and
modifications for fiscal year 2005-2006. Funding for the
amendment will be provided by an increase in realignment
revenue, and approval is also requested to increase the
anticipated realignment revenue for the lease by $20,847. 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; AND APPROVE BUDGET TRANSFER B-017 (4/5
vote required) INCREASING ANTICIPATED REALIGNMENT REVENUE AND
AGREEMENT APPROPRIATION AS DETAILED IN THE AGENDA REPORT.
(Contract No. X10770)
MINUTES
PAGE 6 AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 17, 2004
0415-002 28. Private Industry Council, Inc. - Amendment - approval is
requested for an amendment to the sublease agreement with the
Private Industry Council, Inc., for office space in the
building located at 202 Mira Loma Drive in Oroville. The
amendment adds $10,000 for change orders and modifications
for fiscal year 2004-2005, and $10,000 for change orders and
modifications for fiscal year 2005-2006. Funding for the
amendment will be provided by an increase in realignment
revenue, and approval is also requested to increase the
anticipated realignment revenue by $10,000. 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; AND
APPROVE BUDGET TRANSFER B-016 (4/5 vote required) INCREASING
ANTICIPATED REALIGNMENT REVENUE AND AGREEMENT APPROPRIATION
AS DETAILED IN THE AGENDA REPORT. (Contract No. X13127)
29. Redwood Toxicology Laboratory, Inc. - Amendment - approval
is requested for an amendment to the agreement with Redwood
Toxicology Laboratory, Inc., for the provision of drug
testing services. The amendment extends the term of the
agreement through December 31, 2004, adds oral fluids
laboratory testing, and increases the maximum amount payable
by $10,000 (department budget) for the extended term. 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. X14247)
30. California Department of Health Services - approval is
requested for a revenue agreement with the California
Department of Health Services for funds to implement the
Immunization Network of Northern California. The County will
act as lead agency for the 15-county northern California
region. The term of the agreement is July 1, 2004, through
June 30, 2005, with a maximum amount payable to the County
of $275,000 for the project. The department is requesting
to appropriate $21,065. The remaining funds were included
in the department's 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-014 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
31. Women, Infants and Children Program Funding - approval is
requested to accept and appropriate $44,640 received by the
State of California as an additional allocation for the
Woman, Infants and Children Program. The funds are to be
used to make one-time hardware purchases of computers and
other equipment for the Information Dissemination Project -
action requested - APPROVE BUDGET TRANSFER B-015 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE
AS DETAILED IN THE AGENDA REPORT.
MINUTES
PAGE 7 AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 17, 2004
0415-002 32. Relief of Accountability - pursuant to Government Code
Section 29390, approval is requested for relief of
accountability for $120.00 missing from the receipts of the
Public Health Clinic office on October 20, 2003. The
Auditor-Controller has reviewed the matter and found no
evidence of fraud or gross negligence. As recommended by the
Auditor-Controller, the department has purchased and
installed safes for use in the clinics - action requested -
GRANT RELIEF OF ACCOUNTABILITY.
33. Resolution in Recognition of John Lambert upon His Retirement
from the County of Butte - action requested - ADOPT
RESOLUTION 04-149 AND AUTHORIZE THE CHAIR TO SIGN.
34. Equipment Purchase Budget Transfer - approval is requested
to transfer $8,000 from the Federal Revenue Sharing Trust
Account to help fund the purchase of tactical clothing and
equipment for the Special Incident Response Team (SIRT) -
action requested - APPROVE BUDGET TRANSFER B-019 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE
AS DETAILED IN THE AGENDA REPORT.
35. Equipment Purchase Budget Transfer - approval is requested
to transfer $6,000 from the Civil Trust Account to fund the
purchase of three computers for the Civil Division - action
requested - APPROVE BUDGET TRANSFER B-020 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED
IN THE AGENDA REPORT.
36. Drug Endangered Children Grant Appropriation - the department
will receive a federal grant allocation of $94,900.69 to fund
the Drug Endangered Children program for fiscal year 2004-
2005. To continue funding the program until the allocation
is received, approval is requested to accept and appropriate
$68,831 of COPS Meth Program revenue to the department's
budget to provide the appropriations needed for program
expenses - action requested - APPROVE BUDGET TRANSFER B-018
(4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
37. Pre-Sort Center - approval is requested for an agreement with
Pre-Sort Center to print, fold, insert, meter and mail the
annual Secured Property Tax bills in September. The term of
the agreement is September 1, 2004, through
December 31, 2004, with a maximum amount payable of $45,000
($10,000 for services, $35,000 for postage [department
budget]). Board approval is also requested to transfer
$35,000 from the department's ISF postage account to the
department's operating account to provide the allocation
needed for postage under the contract - 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-021, TRANSFERRING FUNDS AS DETAILED
IN THE AGENDA REPORT.
MINUTES
PAGE 8 AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 17, 2004
0415-002 38. Introduction of an Ordinance Amending Chapter 2, Article
XIII.5, Section 2-100.30, 2-100.40, 2-100.70 and 2-100.80 of
the Butte County Code Relating to Powers and Duties of the
Children and Families Commission - the Commission is
requesting the Board adopt an ordinance which will
incorporate the Commission's recommended changes to the
Membership, Term of Office, Powers and Duties, and Advisory
Committee provisions of the Butte County Code regarding the
Butte County Children and Families Commission - action
requested - WAIVE READING OF THE ORDINANCE.
39. Butte County Children and Families Commission - submitted are
the Commission's recommendations for membership vacancy
appointments - action requested - APPOINT/REAPPOINT KAREN
MARLATT, COMMUNITY BASED ORGANIZATION REPRESENTATIVE; LINDA
MOORE, CHILD CARE AGENCY REPRESENTATIVE; JEFF FONTANA,
COMMUNITY BASED ORGANIZATION REPRESENTATIVE; AND YVONNE
NENADAL, ALTERNATE MEMBER; TO TERMS TO END
~ JULY 1, 2006.
40. Paradise Memorial Hall Committee - action requested -
APPOINT/REAPPOINT PAUL H. HARMON, DELEGATE, AND PETER J.
FRIETAG, ALTERNATE, AMERICAN LEGION, PARADISE POST 259; AND
RICHARD J. CAMPBELL, DELEGATE, AND EDWARD J. MCGREEHAM,
ALTERNATE, VETERANS OF FOREIGN WARS, MAX BILLIE POST
NO. 2039; TO TERMS TO END JUNE 30, 2005. (84)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.40 AMENDED TO
CORRECT THE TERM ENDING DATE TO JULY 1, 2006, AND THE REMOVAL OF
ITEM 3.37.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PRESENTATION OF A RESOLUTION BY CHAIR BEELER TO JOHN LAMBERT UPON
HIS RETIREMENT FROM THE SHERIFF'S OFFICE.
REGULAR AGENDA
0415-003 Boards, Commissions and Committees. (242)
1. Appointments to Listed Vacancies.
MOTION: I MOVE TO APPOINT WALT KOERNER, DELEGATE, AND BILL ENZ, ALTERATE,
CALIFORNIA VETERANS SQUARE DANCE ASSOCIATION; JOSEPH FRANK,
DELEGATE, AND CARROLL TRADER, ALTERNATE, DISABLED AMERICAN
VETERANS-PARADISE CHAPTER 106; AND RAYMOND JOHNSON, DELEGATE, AND
NIGEL PARKHURST, ALTERNATE, PARADISE VETERANS COUNCIL; TO THE
PARADISE VETERANS MEMORIAL HALL COMMITTEE TO TERMS TO END
JUNE 30, 2005.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Board Member or Committee Reports. (NONE)
MINUTES
PAGE 9
AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 17, 2004
0415-004 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (280)
REPORT TO THE BOARD ON THE STATUS OF THE OREGON FIRE BY JOHN
GULSERIAN, EMERGENCY SERVICES OFFICER, AND HENRI BRACHAIS, FIRE
CHIEF.
1. Legislative Report - update of legislative activities by
Strategic Local Government Services - action requested -
ACCEPT FOR INFORMATION.
PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD
THAT THE COUNTY HAS RECEIVED WORD FROM THE STATE CONTROLLER'S
OFFICE THAT THERE WAS AN ERROR IN THEIR FINDING CONCERNING AN
AUDIT EXCEPTION AND THE COUNTY'S CONTINUED APPLICATION OF AN
EXCEPTION FOR FIRE SERVICES WHEN CALCULATING THE ERAF SHIFT.
LANGUAGE HAS BEEN INSERTED IN SB1086 THAT CLARIFIES THE EXEMPTION
AS ON-GOING.
0415-005 Chico Redevelopment Agency - consideration of activities related
to the merger of the Greater Chico Urban Area Redevelopment
Project Area with the Chico Merged Redevelopment Project Area -
actions requested:
1. APPROVE CITY/COUNTY/AGENCY LETTER AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER;
2. INTRODUCE AND WAIVE THE READING OF AN ORDINANCE OF THE BOARD
OF SUPERVISORS OF THE COUNTY OF BUTTE APPROVING AN AMENDMENT
TO THE REDEVELOPMENT PLAN FOR THE GREATER CHICO URBAN AREA
REDEVELOPMENT PROJECT; AND
3. ADOPT A RESOLUTION APPROVING A MITIGATED NEGATIVE DECLARATION
FOR AMENDMENTS TO THE REDEVELOPMENT PLANS FOR CENTRAL CHICO,
CHICO MUNICIPAL AIRPORT, SOUTHEAST CHICO AND GREATER CHICO
URBAN AREA REDEVELOPMENT PROJECTS AND AUTHORIZE THE CHAIR TO
SIGN. (609)
MOTION: I MOVE TO APPROVE THE CITY/COUNTY/AGENCY LETTER AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER; INTRODUCE AND WAIVE THE READING OF AN
ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE
APPROVING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR THE GREATER
CHICO URBAN AREA REDEVELOPMENT PROJECT; AND FURTHER MOVE TO ADOPT
RESOLUTION 04-150 APPROVING A MITIGATED NEGATIVE DECLARATION FOR
AMENDMENTS TO THE REDEVELOPMENT PLANS FOR CENTRAL CHICO, CHICO
MUNICIPAL AIRPORT, SOUTHEAST CHICO AND GREATER CHICO URBAN AREA
REDEVELOPMENT PROJECTS AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MINUTES
PAGE to AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 17, 2004
0415-006 Northern Sacramento Valley Regional water Quality Management -
consideration of participation in a collaborative effort with
Glenn County (lead agency), Colusa County and Tehama County for
development of a Regional water Planning Process associated with
groundwater related activities - action requested - ADOPT
RESOLUTION AUTHORIZING PARTICIPATION AND AUTHORIZE THE CHAIR TO
SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION 04-151 AUTHORIZING PARTICIPATION AND
AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0415-007 AB 3030 Groundwater Management Plan - consideration of the
recommendation of the water Commission to adopt a resolution
setting a public hearing to determine whether to adopt a
groundwater management plan, and to consider any protests thereto,
pursuant to water Code Section 10753.5 - action requested - ADOPT
RESOLUTION SETTING A PUBLIC HEARING FOR SEPTEMBER 28, 2004, AT
10:30 A.M., TO CONSIDER ADOPTION OF A GROUNDWATER MANAGEMENT PLAN
AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION 04-152 SETTING A PUBLIC HEARING FOR
SEPTEMBER 28, 2004, AT 10:30 A.M., TO CONSIDER ADOPTION OF A
GROUNDWATER MANAGEMENT PLAN AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0415-008 Items Removed from the Consent Agenda for Board Consideration and
Action. (2331) (NONE)
RECESS: 10:06 a.m.
RECONVENE : 10:2 1 a . m .
REGULAR AGENDA
RECESSED AT 10:21 A.M. AS THE BUTTE COUNTY BOARD OF SUPERVISORS
AND CONVENED AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD.
MINUTES PaGE 11 AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 17, 2004
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MINUTES
AUGUST 17 , 2 0 0 4
Called to order at 10:21 a.m. in the Butte County Board of
Supervisors Room, 25 County Center Drive, Oroville. Board members
present: Dolan, Houx, Josiassen, Yamaguchi, and Chair Beeler.
Also present: Marion Reeves, Deputy Clerk.
Agenda Items (NONE)
Public Comment
0406-001 Comments to the Board on issues and items not listed on the
agenda. Presentations will be limited to five minutes. Please
note that pursuant to California state law, the Board is
prohibited from taking action on any item not listed on the
agenda. (2355) (NONE)
Closed Session
0406-002 RECESS TO A CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54957.6:
AGENCY REPRESENTATIVES: JEANNE GRAVETTE AND CRAIG DORY.
EMPLOYEE ORGANIZATION: UNITED DOMESTIC WORKERS OF AMERICA.
ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR
ACTION. MR. DORY WAS UNABLE TO ATTEND THE MEETING. THE ITEM HAS
BEEN RESCHEDULED TO AUGUST 31, 2004.
Adjournment
Adjourned at 10:22 a.m., as the Butte County In-Home Supportive
Services Public Authority Board and reconvened as the Butte County
Board of Supervisors.
MINUTES
PAGE 12 AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 17, 2004
RECESS: 10:22 a.m.
RECONVENE : 10:3 1 a . m .
PUBLIC HEARINGS AND TIMED ITEMS
0415-009 Continued Public Hearing - Larry Bradley - Tentative Parcel Map -
consideration of an appeal of the Development Review Committee's
denial of a Tentative Parcel Map to divide a 34.6 acre parcel into
three parcels of 10.3, 10.6 and 13.6 +/- acres on property zoned
A-10 (Agricultural - 10 acre parcels). 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 located on the northwest corner of Durham-Dayton
Highway and Esquon Road, Durham, and identified as APN 040-150-112
(TPM 02-23) - action requested - AT THE REQUEST OF THE APPLICANT,
CONTINUE THE HEARING TO AN UNSPECIFIED DATE. (FROM 2-11-03
[5.01] )
PUBLIC HEARING RECONVENED AT 10:32 A.M., AND CONTINUED OPEN TO AN
UNSPECIFIED DATE TO ALLOW WORK ON THE GENERAL PLAN UPDATE TO BE
COMPLETED BEFORE THIS ITEM IS CONSIDERED.
CLOSED SESSION
0415-010 RECESS: THE BOARD RECESSED AT 10:34 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. (2460)
RECONVENE: THE BOARD RECONVENED AT 10:55 A.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. (2468) (NO ANNOUNCEMENTS)
PUBLIC HEARINGS AND TIMED ITEMS
0415-O11 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 [TPM 02-19]) - action requested -
AT THE REQUEST OF THE APPLICANT, CONTINUE THE HEARING TO AN
UNSPECIFIED DATE. (FROM 3-3-04 [5.01]) (2470)
MINUTES
PAGE 13 AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 17, 2004
0415-O11 PUBLIC HEARING RECONVENED AT 10:56 A.M., AND CONTINUED OPEN TO AN
UNSPECIFIED DATE TO ALLOW WORK ON THE GENERAL PLAN UPDATE TO BE
COMPLETED BEFORE THIS ITEM IS CONSIDERED.
0415-012 Public Hearing - Community Development Block Grant (CDBG)
Program - consideration of an application to the CDBG Economic
Development Allocation's California Community Economic Enterprise
Fund. The County's CDBG Enterprise Fund request is to provide
funding to develop a Micro-enterprise Business Assistance Program
which will support businesses that are located within
unincorporated Butte County. Businesses having five (5) or fewer
employees would be eligible for this program's assistance.
General program administration costs will also be funded by the
grant. The total amount of the grant application is $175,125 -
action requested - ADOPT RESOLUTION APPROVING SUBMISSION OF THE
GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN.
PUBLIC HEARING OPENED: 10:56 A.M.
PUBLIC HEARING CLOSED: 11:04 A.M.
MOTION: I MOVE TO ADOPT RESOLUTION 04-153 APPROVING SUBMISSION OF THE
GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0415-013 Public Hearing - Robert Wray - Appeal Certificate of Merger -
consideration of an appeal of a denial of an application to modify
the common boundary between two parcels, located on the west side
of the Skyway, approximately % mile south of Cliff Hanger Lane in
the Paradise area, and identified as APN 011-240-007 and 041 -
action requested - STAFF RECOMMENDS THE BOARD DENY THE APPEAL,
FINDING THAT APPROVAL OF THIS PROPOSAL WOULD NOT BE IN CONFORMANCE
WITH BUTTE COUNTY CODE SECTION 20-180.2(f)(2), IN THAT IT WOULD
MAKE A PARCEL CONFORMING TO PRIMARY ZONING NON-CONFORMING.
(3100) (**00)
PUBLIC HEARING OPENED AT 11:05 A.M., AND CONTINUED OPEN TO
SEPTEMBER 28, 2004, AT 11:00 A.M., TO ALLOW TIME FOR THE APPLICANT
TO MEET WITH PUBLIC WORKS AND DEVELOPMENT SERVICES DEPARTMENT
STAFF TO SEE IF ADJUSTMENTS CAN BE MADE TO THE PROJECT THAT WILL
LEAVE ONE OF THE PARCELS CONFORMING AND/OR REVISE THE PROJECT TO
ALLOW APPROVAL.
MINUTES
PAGE 14 AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 17, 2004
CLOSED SESSION
0415-014 RECESS: THE BOARD RECESSED AT 11:25 A.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNCIL REGARDING
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, INCLUDING
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
COUNTY COUNSEL; AND CONFERENCE WITH LABOR
NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54957.6: AGENCY REPRESENTATIVES: JEANNE GRAVETTE
AND WILLIAM AVERY. 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. (**278)
RECONVENE: THE BOARD RECONVENED AT 1:44 P.M. FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNCIL REGARDING
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, INCLUDING
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
COUNTY COUNSEL; AND CONFERENCE WITH LABOR
NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54957.6: AGENCY REPRESENTATIVES: JEANNE GRAVETTE
AND WILLIAM AVERY. 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. (**330) (NO ANNOUNCEMENTS)
MINUTES
PAGE 15 AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 17, 2004
PUBLIC HEARINGS AND TIMED ITEMS
0415-015 Continued Public Hearing - Implementation of Resolution 98-172, a
Resolution Amending the North Chico Specific Plan - on
December 1, 1998, the Board of Supervisors passed and adopted
Resolution 98-172 amending the North Chico Specific Plan to
include a PD - Planned Development Combining Zone and to change
land use designations for property owned by Robert and Ann
Stephens from SR-1/OS (Suburban Residential/Open Space) and OS
(Open Space) to SR-1/PD (Suburban Residential 1-acre parcels,
Planned Development Combining Zone) and OS/PD (Open Space, Planned
Development Combining Zone). The Resolution approved the revision
of texts, exhibits, and tables to reflect the changes under the
Specific Plan Amendment. The revisions are being provided to the
Board to complete the implementation of Resolution 98-172. The
Board of Supervisors will also be considering options for a
maximum building coverage limitation (as specified under North
Chico Specific Plan Table 7-2 Summary of Zone District Development
Standards) for the Planned Development Combining Zone because the
existing development standard for the Planned Development
Combining Zone does not specify a maximum building coverage
limitation - action requested - STAFF RECOMMENDS THE BOARD TAKE
THE FOLLOWING ACTIONS:
1. FIND THAT AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION
WERE PERFORMED FOR THIS PROJECT AND APPROVED BY THE BOARD OF
SUPERVISORS ON DECEMBER 1, 1998; THAT THIS PROJECT IS
IMPLEMENTING CHANGES TO THE NORTH CHICO SPECIFIC PLAN THAT
WERE AUTHORIZED UNDER THE DECEMBER 1, 1998, APPROVAL AND,
THEREFORE, NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED; AND
FIND THAT STAFF REVIEWED THE FINAL ENVIRONMENTAL IMPACT
REPORT (EIR) FOR THE NORTH CHICO SPECIFIC PLAN FOR POTENTIAL
ENVIRONMENTAL ISSUES ASSOCIATED WITH CHANGING THE DEVELOPMENT
STANDARDS FOR THE PLANNED DEVELOPMENT COMBINING ZONE AND DID
NOT FIND ANY CONFLICT WITH THE IMPACTS AND MITIGATION
MEASURES AS SET FORTH IN THE FINAL EIR OR THE
DECEMBER 1, 1998, MITIGATED NEGATIVE DECLARATION;
2. AMEND TABLE 7-2, SUMMARY OF ZONE DISTRICT DEVELOPMENT
STANDARDS, AS PER OPTION B, CONCERNING THE PLANNED
DEVELOPMENT COMBINING ZONE'S DEVELOPMENT STANDARDS. OPTION
B WILL REVISE TABLE 7-2 WITHIN THE NORTH CHICO SPECIFIC PLAN
AS SHOWN IN ATTACHMENT F OF THE STAFF REPORT, AND ADD TABLE
7-2 (a) AS SHOWN IN ATTACHMENT G OF THE STAFF REPORT; AND
3. ACCEPT ALL THE REVISIONS TO THE TEXT, EXHIBITS, AND TABLES
OF RESOLUTION 98-172 AND DIRECT STAFF TO INCORPORATE THE
REVISIONS INTO ALL PRINT AND ELECTRONIC COPIES OF THE NORTH
CHICO SPECIFIC PLAN. (FROM 7-13-04 [5.02]) (**334)
PUBLIC HEARING OPENED: 1:46 A.M.
PUBLIC HEARING CLOSED: 2:10 A.M.
MINUTES PAGE 16 AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
0415-015 MOTION
VOTE
MINUTES
l Y 2 N 3
PAGE 17 AUGUST 17, 2004
MINUTES -AUGUST 17, 2004
I MOVE TO FIND THAT AN INITIAL STUDY AND MITIGATED
NEGATIVE DECLARATION WERE PERFORMED FOR THIS PROJECT
AND APPROVED BY THE BOARD OF SUPERVISORS ON
DECEMBER 1, 1998; THAT THIS PROJECT IS IMPLEMENTING
CHANGES TO THE NORTH CHICO SPECIFIC PLAN THAT WERE
AUTHORIZED UNDER THE DECEMBER 1, 1998, APPROVAL AND,
THEREFORE, NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED;
AND FIND THAT STAFF REVIEWED THE FINAL ENVIRONMENTAL
IMPACT REPORT (EIR) FOR THE NORTH CHICO SPECIFIC PLAN
FOR POTENTIAL ENVIRONMENTAL ISSUES ASSOCIATED WITH
CHANGING THE DEVELOPMENT STANDARDS FOR THE PLANNED
DEVELOPMENT COMBINING ZONE AND DID NOT FIND ANY
CONFLICT WITH THE IMPACTS AND MITIGATION MEASURES AS
SET FORTH IN THE FINAL EIR OR THE DECEMBER 1, 1998,
MITIGATED NEGATIVE DECLARATION. MOVE TO AMEND TABLE
7-2, SUMMARY OF ZONE DISTRICT DEVELOPMENT STANDARDS,
(OPTION B), AS RECOMMENDED BY THE PLANNING COMMISSION,
CONCERNING THE PLANNED DEVELOPMENT COMBINING ZONE'S
DEVELOPMENT STANDARDS. OPTION B WILL REVISE TABLE 7-2
WITHIN THE NORTH CHICO SPECIFIC PLAN AS SHOWN IN
ATTACHMENT F OF THE STAFF REPORT, AND ADD TABLE 7-2 (a)
AS SHOWN IN ATTACHMENT G OF THE STAFF REPORT; AND
FURTHER MOVE TO ACCEPT ALL THE REVISIONS TO THE TEXT,
EXHIBITS, AND TABLES OF RESOLUTION 98-172 AND DIRECT
STAFF TO INCORPORATE THE REVISIONS INTO ALL PRINT AND
ELECTRONIC COPIES OF THE NORTH CHICO SPECIFIC PLAN.
S M
N 4 Y 5 Y (Motion Carried)
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 17, 2004
0415-016 Continued Public Hearing - Steve Schuster - Tentative Subdivision
Map Appeal (Sierra Moon Subdivision) - 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 Unit Development and
Development Agreement. Consideration of a proposed Tentative
Subdivision Map to create 118 (revised from 119) single family
residential parcels in accordance with a previously approved
Planned Unit Development and Development Agreement. The property
is 300 acres total in size. The 118 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 Unit Development. A 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 Lane and Mud Creek, and a total of
approximately 32 acres of open space would 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 public 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 - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF REPORT
DATED JULY 13, 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 APPROVE THE COLLECTION OF DEPARTMENT OF
FISH AND GAME FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4 AND CCR 753.5; AND
3. SUBJECT TO FINDINGS III(A-G) AS DETAILED IN THE STAFF REPORT
DATED JULY 13, 2004, AND THE CONDITIONS OF APPROVAL DETAILED
IN EXHIBIT "A" OF THE STAFF REPORT DATED JULY 13, 2004, DENY
THE APPEALS AND APPROVE TENTATIVE SUBDIVISION MAP 03-O1 FOR
STEPHEN J. SCHUSTER (APN 047-710-001). (FROM 7-13-04 [5.03])
(DB [TSM 03-O1] ) (**1512) (**00)
PUBLIC HEARING RECONVENED: 2:20 P.M.
PUBLIC HEARING CLOSED: 3:20 P.M.
MINUTES
PAGE 18
AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 17, 2004
RECESS: 3:45 p.m.
RECONVENE : 3: 5 8 p. m.
PUBLIC HEARING AND TIMED ITEMS
0415-016 Continued Public Hearing - Steve Schuster - Tentative Subdivision
Map Appeal (Sierra Moon Subdivision) - 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 Unit Development and
Development Agreement. Consideration of a proposed Tentative
Subdivision Map to create 118 (revised from 119) single family
residential parcels in accordance with a previously approved
Planned Unit Development and Development Agreement. The property
is 300 acres total in size. The 118 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 Unit Development. A 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 Lane and Mud Creek, and a total of
approximately 32 acres of open space would 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 public 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 - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF REPORT
DATED JULY 13, 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 APPROVE THE COLLECTION OF DEPARTMENT OF
FISH AND GAME FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4 AND CCR 753.5; AND
MINUTES
PAGE 19
AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 17, 2004
0415-016 3. SUBJECT TO FINDINGS III(A-G) AS DETAILED IN THE STAFF REPORT
DATED JULY 13, 2004, AND THE CONDITIONS OF APPROVAL DETAILED
IN EXHIBIT "A" OF THE STAFF REPORT DATED JULY 13, 2004, DENY
THE APPEALS AND APPROVE TENTATIVE SUBDIVISION MAP 03-O1 FOR
STEPHEN J. SCHUSTER (APN 047-710-001). (FROM 7-13-04 [5.03])
(DB [TSM 03-O1] ) (**1512) (**00)
PUBLIC HEARING RECONVENED: 2:20 P.M.
PUBLIC HEARING CLOSED: 3:20 P.M.
MOTION: I MOVE TO DENY THE APPEAL FOR LACK OF PUBLIC INPUT (DUNLAP AND
MCGUIRE).
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
MOTION: I MOVE TO DENY THE APPEAL FOR NON-DISCLOSURE OF FUTURE DEVELOPMENT
IN THE AREA (CAMPBELL, DUNLAP, MCGUIRE, PAGE) AND DIRECT STAFF TO
INCLUDE A DISCLOSURE STATEMENT REGARDING FUTURE DEVELOPMENT IN THE
AREA ON THIS RECORDED MAP, AND FUTURE RECORDED MAPS FOR PROJECTS
IN THE NORTH CHICO SPECIFIC PLAN AREA.
S M
VOTE: 1 2 3 4 5 (Vote Not Called)
MOTION: I MOVE TO DENY THE APPEAL FOR NON-DISCLOSURE OF FUTURE DEVELOPMENT
IN THE AREA (CAMPBELL, DUNLAP, MCGUIRE, AND PAGE).
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
MOTION: I MOVE TO DENY THE APPEAL THAT APPELLANTS PURCHASED HOMES ALONG
SPYGLASS ROAD DUE TO THE QUIET, COUNTRY-LIKE SETTING (DUNLAP AND
MCGUIRE).
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
MOTION: I MOVE TO DENY THE APPEAL FOR FIRE SERVICE ACCESS TO THE NORTH
CHICO SPECIFIC PLAN AREA (FERENZ).
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
MOTION: I MOVE TO DENY THE APPEAL FOR NEGATIVE IMPACTS ON PROPERTY VALUES
(DUNLAP, MCGUIRE AND PAGE).
S M
VOTE: l Y 2 Y 3 N 4 Y 5 Y (Motion Carried)
MOTION: I MOVE TO DENY THE APPEAL FOR LOSS OF SCENIC VISTA (DUNLAP AND
MCGUIRE).
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
MOTION: I MOVE TO DENY THE APPEAL FOR LOSS OF ENDANGERED SPECIES HABITAT
(DUNLAP AND MCGUIRE).
S M
VOTE: l Y 2 Y 3 N 4 Y 5 Y (Motion Carried)
MINUTES
PAGE 20 AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 17, 2004
0415-016 MOTION: I MOVE TO DENY THE APPEAL THAT THE SCHUSTER DEVELOPMENT
IS NOT THE SAME AS THE STEPHENS DEVELOPMENT (PAGE).
S M
VOTE: l Y 2 Y 3 N 4 Y 5 Y (Motion Carried)
MOTION: I MOVE TO DENY THE APPEAL FOR THE 82-FOOT EASEMENT NOT RECORDED
(DUNLAP, MCGUIRE AND PAGE).
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO DENY THE APPEAL FOR EXCESSIVE TRAFFIC IMPACTS IN THE
GENERAL AREA (CAMPBELL, DUNLAP, MCGUIRE, FERENZ).
M
VOTE: 1 2 3 4 5 (Motion Died for Lack of Second)
MOTION: I MOVE TO DENY ALL THE APPEALS ON TRAFFIC ISSUES (EXCESSIVE
TRAFFIC IMPACTS IN THE GENERAL AREA, EXCESSIVE TRAFFIC IMPACTS ON
SPYGLASS ROAD, INSUFFICIENT CIRCULATION IN PLACE AS SPECIFIED BY
THE NORTH CHICO SPECIFIC PLAN, LACK OF PEDESTRIAN IMPROVEMENTS IN
ADJACENT SUBDIVISIONS, ON STREET PARKING HAZARDS, DRIVEWAYS ON
SPYGLASS ARE CONTRARY TO THE NORTH CHICO SPECIFIC PLAN, SPYGLASS
ROAD CLASSIFICATION AND CHARACTER ISSUES, AND LACK OF CALMING
MEASURES ON EXISTING PORTIONS OF SPYGLASS ROAD [CAMPBELL, DUNLAP,
MCGUIRE, FERENZ AND HALL]) ; AND FURTHER MOVE TO SET UP A TEMPORARY
CUL-DE-SAC ON SPYGLASS (A ROAD LAID DOWN WITH A TEMPORARY GATE),
AND HAVE THE TEMPORARY CUL-DE-SAC THERE FOR THREE YEARS TO GIVE US
TIME TO TRY TO DEAL WITH THE FINANCING MECHANISM TO TRY TO DEAL
WITH INFRASTRUCTURE ISSUES.
M S
VOTE: 1 2 3 4 5 (Vote Pending Motion to Amend)
MOTION: I MOVE TO AMEND SUPERVISORS JOSIASSEN'S MOTION TO CLOSE SPYGLASS.
RATHER THAN THE THREE YEARS, I WOULD AMEND THE MOTION TO CLOSE IT
UNTIL SUCH TIME AS HICKS, GARNER, EATON AND KITTY HAWK ARE
IMPROVED TO THE ROAD STANDARDS CALLED FOR IN THE NORTH CHICO
SPECIFIC PLAN.
S M
VOTE: 1 N 2 Y 3 Y 4 N 5 N (Motion Failed to Carry)
MOTION: I MOVE TO DENY ALL THE APPEALS ON TRAFFIC ISSUES (EXCESSIVE
TRAFFIC IMPACTS IN THE GENERAL AREA, EXCESSIVE TRAFFIC IMPACTS ON
SPYGLASS ROAD, INSUFFICIENT CIRCULATION IN PLACE AS SPECIFIED BY
THE NORTH CHICO SPECIFIC PLAN, LACK OF PEDESTRIAN IMPROVEMENTS IN
ADJACENT SUBDIVISIONS, ON STREET PARKING HAZARDS, DRIVEWAYS ON
SPYGLASS ARE CONTRARY TO THE NORTH CHICO SPECIFIC PLAN, SPYGLASS
ROAD CLASSIFICATION AND CHARACTER ISSUES, AND LACK OF CALMING
MEASURES ON EXISTING PORTIONS OF SPYGLASS ROAD [CAMPBELL, DUNLAP,
MCGUIRE, FERENZ AND HALL]) ; AND FURTHER MOVE TO SET UP A TEMPORARY
CUL-DE-SAC ON SPYGLASS (A ROAD LAID DOWN WITH A TEMPORARY GATE),
AND HAVE THE TEMPORARY CUL-DE-SAC THERE FOR THREE YEARS TO GIVE US
TIME TO TRY TO DEAL WITH THE FINANCING MECHANISM TO TRY TO DEAL
WITH INFRASTRUCTURE ISSUES.
M S
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
MINUTES
PAGE 21 AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 17, 2004
0415-016 MOTION: I MOVE TO DENY ALL THE APPEALS ON DRAINAGE ISSUES
(DUNLAP, MCGUIRE AND PAGE).
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
MOTION: I MOVE TO DENY THE APPEALS FOR ALL THE WATER QUALITY ISSUES
(PAGE).
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
MOTION: I MOVE TO DENY THE APPEALS FOR ALL THE AIRPORT ISSUES (DUNLAP,
MCGUIRE, HALL, PAGE, NORTH VALLEY PILOTS ASSOCIATION, WILSON AND
ZWICKER).
S M
VOTE: l Y 2 Y 3 N 4 Y 5 Y (Motion Carried)
MOTION: I MOVE THAT WE CLOSE SPYGLASS UNTIL SUCH TIME AS HICKS, GARNER,
EATON, AND KITTY HAWK ARE IMPROVED TO ROAD STANDARDS AS CALLED FOR
IN THE NORTH CHICO SPECIFIC PLAN.
S M
VOTE: 1 N 2 Y 3 Y 4 N 5 N (Motion Failed to Carry)
MOTION: SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF REPORT DATED
JULY 13, 2004, I MOVE FOR A MOTION OF INTENT TO APPROVE A
MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS;
FIND THAT THIS PROJECT WILL HAVE AN IMPACT TO FISH AND/OR
WILDLIFE HABITAT AND APPROVE THE COLLECTION OF DEPARTMENT OF FISH
AND GAME FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4 AND CCR
753.5; AND SUBJECT TO FINDINGS III(A-G) AS DETAILED IN THE STAFF
REPORT DATED JULY 13, 2004, AND THE CONDITIONS OF APPROVAL
DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED JULY 13, 2004,
FURTHER MOVE FOR A MOTION OF INTENT TO APPROVE TENTATIVE
SUBDIVISION MAP 03-O1 FOR STEPHEN J. SCHUSTER (APN 047-710-001),
INCLUDING THE MOTION MADE BY SUPERVISOR JOSIASSEN REGARDING
CREATION OF A TEMPORARY CUL-DE-SAC ON SPYGLASS ROAD, THE
CLARIFICATION BY PUBLIC WORKS THAT HICKS LANE WILL BE DEVELOPED TO
COUNTY STANDARDS ALONG THE PROPERTY LINE OF THE SCHUSTER
DEVELOPMENT UP TO THE BRIDGE AT MUD CREEK; AND THE ADDITIONAL TWO
CONDITIONS INCLUDED IN THE STAFF REPORT DATED JULY 13, 2004,
(ATTACHMENT B) REGARDING THE REQUIREMENT FOR FUTURE SEWER SERVICE
CONNECTIONS, AND THE SIGNS REGARDING DUST COMPLAINTS AS REQUESTED
BY THE AIR QUALITY MANAGEMENT DISTRICT. IT IS ALSO NOTED THAT IF
THE PROPERTY OWNERS ALONG LIMOUSIN DRIVE WOULD LIKE TO PURCHASE
TREES AND PLANT THEM AT THE BORDER OF THEIR PROPERTY AND THE
DEVELOPMENT (TO ACT AS A BARRIER) MR. SCHUSTER HAS OFFERED TO PAY
FOR THEM.
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
BOARD DIRECTION TO CHIEF ADMINISTRATIVE OFFICE STAFF AND COUNTY
COUNSEL STAFF TO INVESTIGATE AND RETURN TO THE BOARD POSSIBLE
ALTERNATIVES THE COUNTY CAN TAKE TO ADDRESS INFRASTRUCTURE ISSUES
AND THE ABILITY TO PROVIDE FOR THEM AT THE BEGINNING OF A
DEVELOPMENT PROJECT.
MINUTES
PAGE 22 AUGUST 17, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 17, 2004
PUBLIC COMMENT
0415-017 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. (***3059)
1. DAVE PALMERLEE ADDRESSED THE BOARD TO ASK ABOUT THE
APPEARANCE OF A WHITE MOUNTAIN AT THE LANDFILL.
MIKE CRUMP, DIRECTOR-PUBLIC WORKS, EXPLAINED THAT THE WHITE
MOUNTAIN IS ACTUALLY A COVER THAT IS BEING USED IN THE CLOSURE OF
ONE OF THE CELLS AT THE LANDFILL. THE LINER WILL EVENTUALLY BE
COVERED BY A VEGETATIVE SOIL LAYER, AND GRASS WILL BE PLANTED ON
IT.
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 4:36 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, AUGUST 31, 2004, AT 9:00 A.M.
R.J. BEELER, CHAIR
ATTEST:
Paul McIntosh, Chief Administrative
Officer and Clerk of the Board
By:
MINUTES PAGE 23 AUGUST 17, 2004