HomeMy WebLinkAboutM082603BUTTE COUNTY BOARD OF SUPERVISORS
Called to Order at 9:06 a.m. , it
County Administration Building,
Supervisors present: Dolan, Houx,
Beeler. Also present: Paul
Officer; Bruce Alpert, County
Assistant Clerk of the Board.
MINUTES -AUGUST 26, 2003
the Board of Supervisors Room,
5 County Center Drive, Oroville.
Josiassen, Yamaguchi, and Chair
McIntosh, Chief Administrative
Counsel; and Marion Reeves,
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 (55)
0 3 - 2 2 5 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION OR ACTION.
1. Superior Court of California, County of Butte - Introduction
of an Ordinance Repealing Section 1-18 of the Butte County
Code Regarding the Seal of the Superior Court - approval is
requested by the Superior Court of California, County of
Butte, for an ordinance repealing Section 1-18 of the Butte
County Code. Section 1-18 established the Seal of the Butte
County Superior Court. Pursuant to Government Code Section
68076, on May 16, 2003, the Butte County Superior Court Board
of Judges adopted a new Seal for the Superior Court of
California, County of Butte. The Seal of the Butte County
Superior Court, as contained in Butte County Code Section 1-
18, is no longer applicable and the Court has requested the
County repeal that section - action requested - WAIVE READING
OF THE ORDINANCE.
2. Program Implementation for HR 2389 "Secure Rural Schools and
Community Self-Determination Act of 2000" Federal Fire Safe
Funding - approval is requested for an implementation program
for HR 2389 Federal Fire Safe Funding that will establish
guidelines for administration of the program and projects
approved by the Board - action requested - APPROVE
IMPLEMENTATION PROGRAM AS RECOMMENDED AND DIRECT THE FIRE
DEPARTMENT TO ADMINISTER THE PROGRAM.
THIS ITEM REMOVED WITHOUT DISCUSSION OR CONSIDERATION. IT
WILL RETURN ON A SUBSEQUENT AGENDA.
CONSENT AGENDA
03-226 1. Adoption of Tax Rates - approval is requested for a
resolution which will set various ad valorem tax rates for
the County for fiscal year 2003-2004. State law requires the
Board adopt the rates prior to September 1 of each year -
action requested - ADOPT RESOLUTION 03-129 AND AUTHORIZE THE
CHAIR TO SIGN.
MINUTES
PAGE 1 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 26, 2003
03-226 2. County Service Area Charges - in order to levy service
charges in the various County Service Areas, it is necessary
to accomplish several prerequisite steps - action requested -
DIRECT THAT A REPORT OF SERVICE CHARGES BE PREPARED IN
ACCORDANCE WITH GOVERNMENT CODE SECTION 25210.77a AND FILED
WITH THE CLERK OF THE BOARD; DIRECT A PUBLIC HEARING BE SET
FOR SEPTEMBER 23, 2003, AT 10:30 A.M., AND DIRECT PUBLIC
NOTICE OF THE HEARING BE GIVEN IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 6066.
3. Sungard Pentamation, Inc. - approval is requested for an
agreement with Sungard Pentamation, Inc., for the provision
of software maintenance and support services for the County' s
financial system. The term of the agreement is July 1, 2003,
through June 30, 2004, with a maximum amount payable of
$50,614 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X10555)
4. Willow Glen Care Center - approval is requested for an
agreement with Willow Glen Care Center for the provision of
day rehabilitation services. The term of the agreement is
July 1, 2003, through June 30, 2004, with a maximum amount
payable of $100,952 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
5. Tulare County Superintendent of Schools - Addendum - approval
is requested for an addendum to the revenue agreement with
the Tulare County Superintendent of Schools for grant funds
to support the Friday Night Live mentoring program. The
addendum extends the term of the agreement through
September 30, 2003, increases the maximum amount payable to
the County by $6,875, and revises the scope of work and
reporting period dates to reflect 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. R40504)
6. Land Image Landscape Architects - approval is requested for
an agreement with Land Image Landscape Architects for the
provision of a Feasibility Study regarding acquisition and
development of three parcels of land adjacent to the
Veterans' Memorial Hall in Oroville. The proposed project
would include an area for a memorial and the construction of
additional parking space to serve the facility and the
downtown area. The term of the agreement is August 11, 2003,
through December 15, 2003, with a maximum amount payable of
$29,475. Funding for the project would be provided by
Proposition 12 per capita funds, City of Oroville funds and
County Community Development Block Grant funds, as approved
by the Board on March 11, 2003 - 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-006 (4/5 vote required) ALLOCATING FUNDS
AS DETAILED IN THE AGENDA REPORT.
MINUTES
PAGE 2 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 26, 2003
03-226 7. Tri-County Economic Development Corporation - Amendment -
approval is requested for an amendment to the Master
Subrecipient Agreement with the Tri-County Economic
Development Corporation for the provision of services in
support of various programs funded by the State Department
of Housing and Community Development, Community Development
Block Grant program. The amendment provides for the
inclusion of $290,875 received from the State for the Butte
County Business Incubator Program. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X130320)
8. NorthStar Engineering - Amendment - approval is requested for
an amendment to the agreement with NorthStar Engineering for
the preparation of a sewer feasibility study for areas north
of Lindo Channel in the Chico Urban Area and County Service
Area No. 114, and services in support of the Chico Urban Area
Nitrate Compliance Program and the State Revolving Fund loan
application process. The amendment extends the term of the
agreement through July 31, 2004, and incorporates a new
standard hourly rate schedule effective July 1, 2003. The
maximum amount payable is not amended. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X10804)
9. Rolls, Anderson & Rolls Civil Engineering - Amendment -
approval is requested for an amendment to the agreement with
Rolls, Anderson & Rolls Civil Engineering for the preparation
of a sewer feasibility study for areas south of Lindo Channel
in the Chico Urban Area and County Service Area (CSA) No.
114, and services in support of the Chico Urban Area Nitrate
Compliance Program and the State Revolving Fund loan
application process. The amendment extends the term of the
agreement through July 31, 2004, and increases the maximum
amount payable by $10,000 (CSA No. 114 budget). All other
terms and provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X10803)
10. Approval of Minutes - action requested - APPROVE MINUTES OF
JULY 8, 2003, AND JULY 22, 2003.
11. Distribution of Excess Proceeds from the Sale of Tax-
Defaulted Property - on June 24, 2002, the Butte County Tax
Collector sold 77 parcels of tax-defaulted property.
Pursuant to Revenue and Taxation Code Section 4675,
priorities are set for payment of excess proceeds. Claims
were received on 46 of the parcels sold and the department
submits recommendations for distribution of the proceeds -
action requested - ADOPT RECOMMENDATIONS REGARDING
DISTRIBUTION OF EXCESS PROCEEDS FROM THE SALE OF TAX-
DEFAULTED PROPERTY AS PREPARED BY COUNTY COUNSEL; AND ORDER
DISTRIBUTION PURSUANT TO REVENUE AND TAXATION CODE SECTION
4675.
MINUTES
PAGE 3 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 26, 2003
03-226 12. California, Department of Insurance - approval is requested
to apply to the State of California, Department of Insurance,
for grant funds to support the Automobile Insurance Fraud
Program for fiscal year 2003-2004. There is no cash match
required for the grant - action requested - ADOPT RESOLUTION
03-130 APPROVING SUBMISSION OF THE GRANT APPLICATION BY THE
DISTRICT ATTORNEY AND AUTHORIZE THE CHAIR TO SIGN.
13. Youth For Change - approval is requested for an agreement
with Youth For Change for the provision of Senate Bill 163
Wraparound Services. The term of the agreement is
July 1, 2003, through June 30, 2005, with a maximum amount
payable of $1,438,560 ($719,280 per fiscal year [department
budget]) - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X14342)
14. Private Industry Council, Inc. - approval is requested for
a sublease agreement with the Private Industry Council, Inc.,
for the property located at 205 Mira Loma Drive, Oroville.
The term of the lease is September 15, 2003, (or upon
occupancy) through September 15, 2018. The maximum amount
payable for fiscal year 2003-2004 is $117,951 (department
budget). An increase in lease costs of $0.02 to $0.03 per
square foot will occur every 2 years throughout the 15 year
lease, beginning with year 3 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
15. Northern Valley Catholic Social Service - Amendment -
approval is requested for an amendment to the agreement with
Northern Valley Catholic Social Service for the provision of
Cal-Learn Case Management Services. The amendment extends
the term of the agreement through September 30, 2003, reduces
the monthly participant rate by $26.00, and increases the
maximum amount payable for the extended term by $50,000
(department budget). All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11259)
16. Butte County Department of Behavioral Health/Butte County
Department of Employment and Social Services - Amendment -
approval is requested for an amendment to the Memorandum of
Understanding with the Butte County Department of Behavioral
Health for the provision of treatment services to CalWORKs
clients. The amendment extends the term of the agreement
through October 31, 2003. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X10903)
MINUTES
PAGE 4 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 26, 2003
03-226 17. William Pyeatt - Amendment - approval is requested for an
amendment to the agreement with William Pyeatt for the
provision of project administration services for the new
Butte County Juvenile Hall construction project. The
amendment extends the term of the agreement through
November 30, 2003, and increases the maximum amount payable
by $7,000 (project budget). All other terms and provisions
remain the same. Mr. Pyeatt is a former employee who left
County service in December 2001 - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13345)
18. New Juvenile Hall - Contract Change Order (CCO) No. 27 - CCO
No. 27, in the increasing amount of $110,000, provides for
the installation of additional heat and smoke detector
devices as required by the State Fire Marshall. Funding for
the change order is included in the project's fiscal year
2003-2004 budget request - action requested - APPROVE CCO
NO. 27 AND AUTHORIZE THE CHAIR TO SIGN.
19. New Juvenile Hall - Notice of Completion - the project
consisted of the construction of a new juvenile hall facility
at 41 County Center Drive, Oroville. All project work has
been completed in accordance with plans and specifications -
action requested - ACCEPT CONTRACT WORK; APPROVE NOTICE OF
COMPLETION AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT
RECORDING OF THE NOTICE OF COMPLETION.
20. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: PUBLIC WORKS-CONSTRUCTION AND MAINTENANCE -
deletes one flexibly staffed position of Tree
Trimmer/Climber I/Road Maintenance Worker I. Adds one
flexibly staffed position of Tree Trimmer/Climber II/I/Road
Maintenance Worker I - action requested - ADOPT RESOLUTION
03-131 AND AUTHORIZE THE CHAIR TO SIGN.
21. Library Donations - pursuant to Government Code Section
25355, donations of $1,000 from the Paradise Friends of the
Library, $500 from the Oroville Friends of the Library, and
$500 from the Fraternal Order of Eagles, Oroville, have been
received for the Butte County Trust Fund for the purchase of
books - action requested - ACCEPT DONATIONS AND AUTHORIZE
LETTERS OF APPRECIATION.
22. Relief of Accountability - approval is requested, pursuant
to Government Code Section 29390, for relief of
accountability for $100 missing from the receipts of the
Environmental Health Office in Oroville on July 25, 2003.
The Auditor-Controller found no evidence of fraud or gross
negligence - action requested - APPROVE RELIEF OF
ACCOUNTABILITY.
MINUTES
PAGE 5 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 26, 2003
03-226 23. California Department of Health Services - Fiscal Year
2003-2004 Rural Health Services Program Funds - approval is
requested for a declaration of intent not to apply for fiscal
year 2003-2004 Rural Health Services Program funds.
Legislation currently exists which permits the State to
administer the Hospital Services, Physician Services, and
Children's Treatment program allocations for counties. The
State's administration relieves counties of several
requirements to document and report expenditures and program
activities - action requested - APPROVE THE DECLARATION OF
INTENT NOT TO APPLY FOR THE FISCAL YEAR 2003-2004 RURAL
HEALTH SERVICES PROGRAM FUNDS AND AUTHORIZE THE CHAIR TO
SIGN.
24. Adoption of an Ordinance Establishing Speed Limits on Certain
Roads within the County of Butte, State of California -
consideration of an ordinance which will declare the speed
limit on Butte County highways as follows: 1.) Thirty-five
miles-per-hour on Bald Rock Road, from Oroville Quincy
Highway (MP 0.00) to 500 feet north of Zink Road (MP 9.00);
2.) Thirty-five miles-per-hour on Bald Rock Road, from 500
feet south of Milsap Bar Road (MP 10.50) to Forest Highway
119 (MP 11.18); 3.) Forty miles-per-hour on Centerville
Road, from Honey Run Road (MP 0.00) to Helltown Road (MP
5.47); 4.) Forty miles-per-hour on Meridian Road, from 500
feet south of Kennedy Avenue (MP 0.90) to State Route 32 (MP
1.69); and 5.) Forty-five miles-per-hour on Bald Rock Road,
from 500 feet north to Zink Road (MP 9.00) to 500 feet south
of Milsap Bar Road (MP 10.50) - action requested - ADOPT
ORDINANCE 3858 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-12-
03 [3.40])
25. Adoption of an Ordinance - consideration of an ordinance
reinserting amendments to Section 31-35 of Chapter 31 of the
Butte County Code entitled "Solid Waste Collection Management
and Recycling". The proposed ordinance reinserts amendments
introduced at the meeting of January 28, 2003, but
inadvertently omitted from the version approved by the Board
on February 11, 2003 - action requested - ADOPT ORDINANCE
3859 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-12-03 [3.44])
26. 360networks, inc. - approval is requested for a settlement
agreement with 360networks, inc., for funds to repair
construction deficiencies discovered in the company's
installation of fiber optic cable in the County's right-of-
way. Under the terms of the settlement agreement
360networks, inc., will provide $100,000 to the County for
repair work and the County will issue a full release of their
bond, and issue a release of any further obligations
associated with the repair work - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
R40558)
MINUTES
PAGE 6 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 26, 2003
03-226 27. Peterson Tractor Company - approval is requested for a sole
source agreement with Peterson Tractor Company for the
provision of maintenance and repair services for equipment
at the Neal Road Landfill. The term of the agreement is
April 15, 2003, through April 15, 2008, with a maximum amount
payable of $478,122.50 (Neal Road Landfill Management Fund).
Sole source approval is requested to comply with the warranty
provisions of the newly purchased equipment which require
maintenance and repair to be performed by an authorized
Caterpillar dealer. Peterson Tractor Company is the only
authorized Caterpillar dealer serving the area - action
requested - APPROVE SOLE SOURCE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X14257)
28. Waste Tire Products - approval is requested for an agreement
with Waste Tire Products for the collection and servicing of
electronic waste (cathode ray tubes) at the Neal Road
Landfill. Currently the waste is being held at the Butte
Regional Household Hazardous Waste Facility. The term of the
agreement is July 15, 2003, through December 31, 2003, with
a maximum amount payable of $90,000 (Household Hazardous
Waste Accrual Funds/Neat Road Landfill Management
Fund) - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X14344)
29. Federal Equitable Sharing Annual Certification Report -
approval is requested for the Annual Certification Report to
be submitted to the United States Department of Justice and
the United States Department of Treasury. The report
provides a summary of the equitable sharing activities for
Butte County for fiscal year 2002-2003 - action requested -
APPROVE ANNUAL CERTIFICATION REPORT AND AUTHORIZE THE CHAIR
AND THE SHERIFF TO SIGN.
30. Gary Bess and Associates - approval is requested for a sole
source agreement with Gary Bess and Associates for the
preparation of the required evaluation reports for the
Forensic Resource Team and Mentally Ill Offender Crime
Reduction grants. The term of the agreement is July 1, 2003,
through June 30, 2004, with a maximum amount payable of
~ 45 000 (department budget). Sole source approval
is requested to provide consistency with the work done on the
project for the last two years, which was completed by Gary
Bess and Associates - action requested - APPROVE SOLE SOURCE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X14385))
31. Monthly Investment Report - submitted is the Monthly
Investment Report dated July 31, 2003, in accordance with the
Statement of Investment Policy dated July 1, 2003 - action
requested - ACCEPT FOR INFORMATION.
MINUTES
PAGE 7 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 26, 2003
03-226 32. Butte County Behavioral Health Board - approval is requested
by the Chair of the Butte County Behavioral Health Board to
appoint a youth member representative, and to accept the
automatic resignation, pursuant to the Behavioral Heath
Board's bylaws, of Janet Taylor, Family Member
Representative, based on lack of attendance - action
requested - APPOINT MOHSIN JAWED, YOUTH MEMBER
REPRESENTATIVE, TO A TERM TO END DECEMBER 31, 2004; AND
ACCEPT AUTOMATIC RESIGNATION OF FAMILY MEMBER REPRESENTATIVE
AS REQUESTED AND AUTHORIZE THE BEHAVIORAL HEALTH BOARD TO
RECOMMEND A REPLACEMENT FOR APPOINTMENT.
33. Butte County Children and Families Commission - approval is
requested by the Butte County Children and Families
Commission to appoint two Alternate Members. On June 24,
2003, the Board adopted Ordinance 3853, which added two
alternate members to the Commission's Board. The Commission
has submitted recommendations for those appointments - action
requested - APPOINT JEFF FONTANA AND MARY NEUMANN, ALTERNATE
MEMBERS, TO TERMS TO END JULY 1, 2005.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.30 AMENDED TO
REVISE THE MAXIMUM AMOUNT PAYABLE FROM $40,500 TO 45 000, AND THE
REMOVAL OF ITEMS 3.33 AND 3.35.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
REGULAR AGENDA
03-227 Appointments to Boards, Commissions and Committees. (110)
1. Appointments to Listed Vacancies. (NONE)
03-228 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (114) PAUL MCINTOSH, CHIEF ADMINISTRATIVE
OFFICER, INFORMS THE BOARD THAT THE COUNTY BUDGET IS CURRENTLY
BEING FINALIZED AND WILL BE COMPLETED THE FIRST PART OF SEPTEMBER.
THE STATE HAS PASSED ITS BUDGET AND STAFF IS STILL ANALYZING WHAT
IMPACTS THE BUDGET WILL HAVE ON BUTTE COUNTY. THE BIGGEST AREA OF
CONCERN IS THE ELIMINATION OF THE VEHICLE LICENSE FEE (VLF)
REVENUE TO THE COUNTY. THE COUNTY WILL APPLY TO THE STATE
CONTROLLER'S OFFICE TO SEEK A HARDSHIP DESIGNATION BASED ON THE
LOSS OF REVENUE. THE VLF REPRESENTS APPROXIMATELY $2.2 MILLION TO
THE COUNTY. THE LEGISLATURE IS CONCLUDING THEIR CURRENT SESSION
AND THERE ARE TWO BILLS OF IMPORTANCE TO THE COUNTY: AB-1531
WHICH WOULD PROVIDE FOR FULL REIMBURSEMENT OF THE RECALL ELECTION
COSTS AND SB-340, WHICH WOULD PROVIDE FOR TWO PRIMARY ELECTIONS IN
PRESIDENTIAL ELECTION YEARS. A LETTER OF SUPPORT WILL BE SENT FOR
AB-1531 AND A LETTER OF OPPOSITION WILL BE SENT FOR SB-340.
MINUTES
PAGE 8 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 26, 2003
03-229 Report to the Board - Lake Oroville Relicensing - update on the
project, including Protection, Mitigation and Enhancement
measures - action requested - BOARD DISCUSSION AND DIRECTION.
(182)
PRESENTATION TO THE BOARD BY BRUCE ALPERT, COUNTY COUNSEL.
03-230 County Employee Precinct Officer Pilot Program - consideration of
a pilot program that would allow County department heads and
employees exempt from Fair Labor Standards Act overtime provisions
to volunteer to serve as a Chief Inspector or Roving Inspector for
the October 7, 2003, Statewide Special Election - action
requested - AUTHORIZE DEVELOPMENT OF A COUNTY EMPLOYEE PRECINCT
OFFICER PILOT PROGRAM FOR THE OCTOBER 7, 2003, STATEWIDE SPECIAL
ELECTION; DIRECT DEPARTMENT HEADS TO WORK WITH, AND ASSIST, THE
COUNTY CLERK BY PROVIDING TEMPORARY USE OF ANY RESOURCES OR
SERVICES DURING THE SPECIAL ELECTION TO REDUCE THE IMPACT TO THE
COUNTY GENERAL FUND AND INCREASE EFFICIENCY; AUTHORIZE THE CHIEF
ADMINISTRATIVE OFFICER TO REASSIGN COUNTY PERSONNEL AS NECESSARY;
AND DIRECT THE COUNTY CLERK TO MAKE A REPORT TO THE BOARD ON THE
EFFECTIVENESS OF THE PILOT PROGRAM AFTER THE ELECTION IS COMPLETE.
(1199)
MOTION: I MOVE TO AUTHORIZE DEVELOPMENT OF A COUNTY EMPLOYEE PRECINCT
OFFICER PILOT PROGRAM FOR THE OCTOBER 7, 2003, STATEWIDE SPECIAL
ELECTION; DIRECT DEPARTMENT HEADS TO WORK WITH, AND ASSIST, THE
COUNTY CLERK BY PROVIDING TEMPORARY USE OF ANY RESOURCES OR
SERVICES DURING THE SPECIAL ELECTION TO REDUCE THE IMPACT TO THE
COUNTY GENERAL FUND AND INCREASE EFFICIENCY; AUTHORIZE THE CHIEF
ADMINISTRATIVE OFFICER TO REASSIGN COUNTY PERSONNEL AS NECESSARY;
AND DIRECT THE COUNTY CLERK TO MAKE A REPORT TO THE BOARD ON THE
EFFECTIVENESS OF THE PILOT PROGRAM AFTER THE ELECTION IS COMPLETE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-231 Dissolution of County Service Areas - pursuant to the Board's
direction of July 8, 2003, consideration of actions necessary to
dissolve County Service Areas (CSA) Nos. 83, 112, 132, 146, 154,
156 and 157, and to retain County Service Area No. 148 - action
requested:
1. OPEN ITEM FOR COMMENTS AND TO ACCEPT PROPERTY OWNER
OBJECTIONS TO THE DISSOLUTION OF COUNTY SERVICE AREAS NOs.
83, 112, 132, 146, 154, 156 AND 157;
2. IF A MAJORITY PROTEST DOES NOT EXIST, ADOPT A RESOLUTION OF
APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION (LAFCo)
REQUESTING DISSOLUTION AND AUTHORIZE THE CHAIR TO SIGN;
3. APPROVE BUDGET TRANSFER B-001 (4/5 vote required)
TRANSFERRING THE REQUIRED $1,000 LAFCo APPLICATION FEE FROM
THE AVAILABLE FUND BALANCES OF THE VARIOUS CSAs;
MINUTES PAGE 9 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 26, 2003
03-231 4. APPROVE APPLICATION TO LAFCo AND AUTHORIZE THE CHAIR TO SIGN;
AND
5. DIRECT PUBLIC WORKS TO COMMENCE PROPOSITION 218 PROCEEDINGS
TO ESTABLISH A MAXIMUM PER PARCEL SERVICE CHARGE IN THE
AMOUNT OF $12.70 IN CSA NO. 148. (1753)
ITEM OPENED. STAFF INFORMS THE BOARD THAT THE PROPERTY OWNERS IN
COUNTY SERVICE AREA 83 HAVE VOTED AS FOLLOWS: 18 VOTES TO RETAIN
AND 23 VOTES TO DISSOLVE. STAFF IS RECOMMENDING THAT THE CSA BE
DISSOLVED. ADDITIONALLY THE SINGLE PARCEL PROPERTY OWNER IN
COUNTY SERVICE AREA NO. 154 AS REQUESTED THAT CSA NOT BE
DISSOLVED. THE CSA WAS FORMED AS PART OF A SUBDIVISION MAP
PROJECT AND WHILE THE PROJECT IS INACTIVE NOW, THE OWNER WOULD
LIKE TO RETAIN THE CSA TO LEAVE THE OPTION OF CONTINUING THE
PROJECT AT A LATER DATE. STAFF RECOMMENDS CSA NO. 154 BE
RETAINED.
MOTION: I MOVE TO ADOPT RESOLUTION 03-132 OF APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION (LAFCo) REQUESTING DISSOLUTION OF
COUNTY SERVICE AREAS 83, 112, 132, 146, 156 AND 157, AND THEIR
SPHERES OF INFLUENCE AND AUTHORIZE THE CHAIR TO SIGN. CSA NO. 154
WILL BE RETAINED AND PUBLIC WORKS STAFF IS DIRECTED TO WORK WITH
THE AUDITOR TO BUDGET $55 FROM THE AVAILABLE FUND BALANCE OF THE
CSA TO PAY FOR THE AUDITOR'S ANNUAL REPORT, WHICH IS REQUIRED BY
LAW. I FURTHER MOVE TO APPROVE BUDGET TRANSFER B-001, TRANSFERRING
THE REQUIRED $1,000 LAFCo APPLICATION FEE FROM THE AVAILABLE FUND
BALANCES OF THE VARIOUS CSAs TO BE DISSOLVED; MOVE TO APPROVE THE
APPLICATION TO LAFCo AND AUTHORIZE THE CHAIR TO SIGN; AND MOVE TO
DIRECT STAFF TO START PROPOSITION 218 PROCEEDING FOR COUNTY
SERVICE AREA 148, TO ESTABLISH A MAXIMUM SERVICE CHARGE IN THE
AMOUNT OF $12.70 PER PARCEL.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:09 A.M.
RECONVENE: 10:18 A.M.
PUBLIC HEARINGS AND TIMED ITEMS
03-232 Presentation to the Board and Timed Recess - presentation to the
Board of the Butte County Library Literacy Coach. The custom-
built vehicle will travel around the County providing literacy
services to hard-to-reach families with children under the age of
five who may not be accessing library and support services because
of language, income, or geographic barriers. The Literacy Coach
is the result of a grant sponsored by the Butte County Children
and Families Commission/First 5, and collaborative partners
Grandparents as Parents and Home Health Care Management - action
requested - ACCEPT FOR INFORMATION; AND RECESS TO VIEW THE LIBRARY
LITERACY COACH. (2239)
MINUTES
PAGE to AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 26, 2003
RECESSED AT 10:21 A.M. TO ALLOW THE BOARD MEMBERS TIME TO TOUR THE
LITERACY COACH. RECONVENED AT 10:34 A.M.
03-233 Timed Item - Resolution of Necessity to Acquire Certain Real
Property or Interest in Real Property by Eminent Domain - Various
Land Owners - consideration of a Resolution of Necessity to
acquire property, as listed in the agenda report, for right-of-way
and easements needed in support of the Oroville-Quincy Federal
Highway 119 Project. A Resolution of Necessity is a required step
to acquire the property by Eminent Domain - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (2340)
MIKE CRUMP, DIRECTOR-PUBLIC WORKS, INFORMS THAT BOARD THAT ALL
PROPERTY OWNERS HAVE COME TO AGREEMENT WITH THE COUNTY REGARDING
THE NEEDED RIGHT-OF-WAY AND THE PROPOSED RESOLUTION IS NO LONGER
NEEDED.
03-234 Public Hearing - Resolution to Unname a Private Road - the
property owners served by Jessmindan Court, a private road, have
submitted a petition to remove the name of Jessmindan Court from
the road. The private road serves as a driveway for the one home
along the road and the owners request the Board remove the name to
avoid mistaking the private drive for a public road. On
August 12, 2003, the Board adopted a resolution of intention to
remove the name - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 8-12-03 [3.49]) (2397)
PUBLIC HEARING OPENED: 10:36 A.M.
PUBLIC HEARING CLOSED: 10:37 A.M.
MOTION: I MOVE TO ADOPT RESOLUTION 03-133 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
REGULAR AGENDA
03-235 Report to the Board - Watershed Modeling - presentation by
Dr. M. L. Kavvas, of the California Hydrologic Research
Laboratory, of preliminary findings regarding the watershed
modeling evaluation project - action requested - ACCEPT FOR
INFORMATION. (WATER AND RESOURCE CONSERVATION) (2436) (**00)
PRESENTATION TO THE BOARD BY DR. KAVVAS, UNIVERSITY OF CALIFORNIA,
DAVIS, AND CALIFORNIA HYDROLOGIC RESEARCH LABORATORY.
RECESS:
RECONVENE:
MINUTES
11:29 A.M.
11:38 A.M.
PAGE 11
AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 26, 2003
PUBLIC HEARING AND TIMED ITEMS
03-236 Continued Public Hearing - John and Sharon Byrne - Tentative
Subdivision Map - consideration of an appeal of the Development
Review Committee's approval of a Tentative Subdivision Map
proposing 36 single family residential parcels. The parcels will
be from 6, 500 to 8, 576 square feet in size with a gross density of
3.8 dwelling units per acre. Sewage disposal would be handled by
an on-site community system. Water supply would be provided by
the California Water Company. Drainage would be handled by an on-
site retention basin with discharge into the Shasta Union Drainage
Assessment District. The project would obtain access via a looped
internal subdivision road that would connect with Godman Avenue at
two locations. 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 S-R
(Suburban Residential) and is located at the southwest corner of
Eaton Road and Godman Avenue, in the north Chico area, and
identified as APN 007-260-091 and 007-260-082 (DB [TSM 01-06]) -
action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING
ACTIONS:
1. SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE STAFF REPORT
DATED AUGUST 26, 2003, ADOPT A MITIGATED NEGATIVE
DECLARATION;
2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS
WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH OR WILDLIFE OR
THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE
COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4 AND 14 CCR 753.5 AS THE PROJECT SITE IS NOT KNOWN TO
CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE, SENSITIVE, OR
SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES,
OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND
GAME OR THE UNITED STATES FISH AND WILDLIFE 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; AND
3 . SUBJECT TO FINDINGS II I (A-I ) AS DETAILED IN THE STAFF REPORT
DATED AUGUST 26, 2003, AND THE CONDITIONS OF APPROVAL AS
DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED
AUGUST 26, 2003, DENY THE APPEAL AND APPROVE TENTATIVE
SUBDIVISION MAP 01-06 FOR JOHN AND SHARON BYRNE, APN 007-260-
091 AND 007-260-082. (FROM 6-10-03 [5.03]) (**227)
PUBLIC HEARING RECONVENED: 11:40 A.M.
MINUTES
PAGE 12
AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 26, 2003
03-236 CORRECTIONS, CLARIFICATIONS AND ADDITIONS TO THE STAFF REPORT.
CONDITION 24 OF THE STAFF REPORT DATED AUGUST 26, 2003. STAFF
NOTED THAT LANGUAGE PRESENTED IN THE STAFF REPORT HAS BEEN REVISED
SINCE THE LAST HEARING. IT NOW PROVIDES THE OPTION OF THE
APPLICANT SUBMITTING AN IN-LIEU FEE FOR THE AMOUNT OF ROAD WORK HE
WOULD BE RESPONSIBLE FOR INSTEAD OF PERFORMING THE WORK HIMSELF.
CONDITION 27(O) OF THE STAFF REPORT DATED AUGUST 26, 2003. STAFF
NOTED THAT LANGUAGE PRESENTED IN THE STAFF REPORT HAS BEEN REVISED
SINCE THE LAST HEARING. THE CONDITION REQUIRES THE INFRASTRUCTURE
INSTALLED FOR THE COMMUNITY SEWAGE DISPOSAL SYSTEM BE COMPATIBLE
WITH THE FUTURE SEWER CONNECTION OF THE CITY OF CHICO. THIS WOULD
ALLOW FOR THE CITY'S SEWER LINES TO BE PLUMBED DIRECTLY INTO THE
36 LOTS WITHOUT FURTHER INFRASTRUCTURE INSTALLATION FOLLOWING
ANNEXATION. STAFF IS ALSO RECOMMENDING THE BOARD REVISE CONDITION
27(O) TO ADD THE FOLLOWING: "IN CONFORMANCE WITH THE CITY OF
CHICO'S SANITARY SEWER MASTER PLAN, DATED DECEMBER 20, 1985,
CONSTRUCT DRY-LINE SEWER MAINS TO SERVE THE PROJECT, AND STUBBED
OUT TO THE PROPERTY LINE FOR FUTURE PUBLIC SEWER CONNECTION.
CORRECTION TO CONDITION 27 (L) OF THE STAFF REPORT DATED
AUGUST 26, 2003. THE CONDITION IS CORRECTED TO READ, "IF LOT "A"
IS PROPOSED FOR OPEN SPACE AFTER THE COMMUNITY
SEWAGE DISPOSAL SYSTEM IS ABANDONED, PROVIDE A PLAN ACCEPTABLE TO
BUTTE COUNTY ENVIRONMENTAL HEALTH DIVISION AND PUBLIC WORKS,
DETAILING THE RESTORATION AND CONVERSION OF LOT "A" FROM A SEWAGE
TREATMENT/DISPOSAL SITE TO PROPERTY ACCEPTABLE FOR
~~ OPEN SPACE."
CONDITION 29 OF THE STAFF REPORT DATED AUGUST 26, 2003, IS AMENDED
TO READ, "IF THIS ENTIRE MATTER OR ANY FINDING, ACTION OR
CONDITION OF THIS MATTER IS CHALLENGED IN ANY ACTION OR FORUM, THE
APPLICANT OR ANY OTHER DEVELOPER/OPERATOR OTHER THAN THE APPLICANT
AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COUNTY OF BUTTE
FROM LIABILITY OR LOSS RELATED TO THE APPROVAL OF THIS PROJECT IN
THE SUBSEQUENT ACTION OR FORUM AND AGREES TO SIGN AN
INDEMNIFICATION AGREEMENT IN A FORM APPROVED BY COUNTY COUNSEL."
PUBLIC HEARING CLOSED: 12:01
MOTION: I MOVE THAT WE UPHOLD THE APPEAL.
S M
VOTE: 1 N 2 Y 3 Y 4 N 5 N (Motion Failed to Carry)
MOTION: I MOVE THAT WE DENY THE APPEAL AND APPROVE THE SUBDIVISION MAP FOR
JOHN AND SHARON BYRNE ALONG WITH THE CORRECTIONS RECOMMENDED BY
STAFF ON (CONDITION) NUMBER(S) 24, 27(O), 27(L), 29 AND THE
INDEMNIFICATION CLAUSE.
S M
VOTE: 1 Y 2 N 3 N 4 Y 5 Y (Motion Carried)
MINUTES PAGE 13 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 26, 2003
03-237 Public Hearing - Resolution Noticing Intent to Prepare a
Groundwater Management Plan Under Water Code Section 10750 et
seq., for Areas of Butte County Not Covered by Another Groundwater
Management Plan - consideration of a resolution of intent to
prepare a Groundwater Management Plan pursuant to California Water
Code Section 10750 et seq., (also referred to as an AB3030 Plan)
for the areas of the County not covered by another Groundwater
Management Plan. The proposed plan is a component of the County's
Integrated Watershed and Resource Conservation Plan - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND
DIRECT THE DEPARTMENT OF WATER AND RESOURCE CONSERVATION TO ACT
AS LEAD FOR THE PROJECT ON BEHALF OF THE COUNTY. (FROM 7-22-03
[4.04]) (**1403)
PUBLIC HEARING OPENED: 12:26 P.M.
PUBLIC HEARING CLOSED: 12:42 P.M.
MOTION: I MOVE TO ADOPT RESOLUTION 03-143 AND AUTHORIZE THE CHAIR TO SIGN;
AND DIRECT THE DEPARTMENT OF WATER AND RESOURCE CONSERVATION TO
ACT AS LEAD FOR THE PROJECT ON BEHALF OF THE COUNTY.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
REGULAR AGENDA
03-238 Sign Ordinance - discussion regarding development of an ordinance
to regulate signs (other than street signs) in the unincorporated
areas of the County - action requested - DISCUSSION AND STAFF
DIRECTION. (1845)
DIRECTION TO DEVELOPMENT SERVICES STAFF TO PROVIDE THE BOARD WITH
A REPORT THAT INCLUDES WHAT CONTROLS THE COUNTY CURRENTLY HAS IN
PLACE REGARDING SIGNS AND IDENTIFY POSSIBLE AREAS WHERE THE COUNTY
MIGHT NEED SOMETHING MORE TO PROTECT THE RESIDENTIAL CHARACTER OF
NEIGHBORHOODS THAT ABUT COMMERCIAL AREAS.
MINUTES
PAGE 14 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 26, 2003
0 3 - 2 3 9 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION OR ACTION.
1. Superior Court of California, County of Butte - Introduction
of an Ordinance Repealing Section 1-18 of the Butte County
Code Regarding the Seal of the Superior Court - approval is
requested by the Superior Court of California, County of
Butte, for an ordinance repealing Section 1-18 of the Butte
County Code. Section 1-18 established the Seal of the Butte
County Superior Court. Pursuant to Government Code Section
68076, on May 16, 2003, the Butte County Superior Court Board
of Judges adopted a new Seal for the Superior Court of
California, County of Butte. The Seal of the Butte County
Superior Court, as contained in Butte County Code Section 1-
18, is no longer applicable and the Court has requested the
County repeal that section - action requested - WAIVE READING
OF THE ORDINANCE. (**2255)
MIKE RAMSEY, DISTRICT ATTORNEY, ADDRESSED THE BOARD TO DISCUSS HOW
THE COUNTY'S SEAL IS OUTDATED AND INFORMED THE BOARD THAT
MANAGEMENT COUNCIL WILL SPONSOR A PUBLIC CONTEST TO DESIGN A NEW
COUNTY SEAL.
MOTION: I MOVE TO WAIVE THE READING OF THE ORDINANCE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-240 PUBLIC 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 California state law, the Board of
Supervisors is prohibited from taking action on any item not
listed on the agenda. (**2693) (***00)
1. GENE GUTT ADDRESSED THE BOARD REGARDING STREAM CORRIDOR
LEGISLATION AND THE "ILLEGAL" CREATION OF PARKS IN BUTTE
CREEK CANYON.
CLOSED SESSION
03-241 RECESS: THE BOARD RECESSED AT 1:07 P.M., TO A CONFERENCE
WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(c) ONE POTENTIAL CASE; CONFERENCE WITH
LEGAL COUNSEL REGARDING ACTUAL LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
BERKHOUDT v. COUNTY OF BUTTE (BUTTE COUNTY
SUPERIOR COURT CASE NO. 126119); NATIONAL
ALLIANCE v. CITY OF OROVILLE (UNITED STATES
DISTRICT COURT EASTERN DISTRICT CASE NO. CIV-S-
03-1087 DFL GGH); AND COUNTY OF BUTTE AND BUTTE
COUNTY ____.__~-__-_._ EMPLOYEES ASSOCIATION (CASE NO.
ARB-02-1015). (**3500)
MINUTES PAGE 15 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 26, 2003
03-241 RECONVENE: THE BOARD RECONVENED AT 2:25 P.M. FROM A
CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(c) ONE POTENTIAL CASE;
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) BERKHOUDT v. COUNTY OF BUTTE (BUTTE
COUNTY SUPERIOR COURT CASE NO. 126119); NATIONAL
ALLIANCE v. CITY OF OROVILLE (UNITED STATES
DISTRICT COURT EASTERN DISTRICT CASE NO. CIV-S-
03-1087 DFL GGH); AND COUNTY OF BUTTE AND BUTTE
COUNTY EMPLOYEES ASSOCIATION (CASE NO.
ARB-02-1015). (**3517) (NO ANNOUNCEMENTS)
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 2:25 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, SEPTEMBER 9, 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
PAGE 16
AUGUST 26, 2003