HomeMy WebLinkAboutM092804BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 28, 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. (52)
ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
0418-001 1. Vineyard Grove Estates Subdivision - the Vineyard Grove
Estates Subdivision, APN 047-440-006, is located on the west
side of Garner Lane approximately 3,000 feet south of Keefer
Road, and is a conditionally approved 29 lot public street
subdivision. The subdivision has annexed to County Service
Area No. 158 to provide storm drainage maintenance, fire
protection services and street lighting. The developer has
complied with the Conditions of Approval and has provided a
performance bond for construction of the required
improvements - action requested - APPROVE FINAL MAP; APPROVE
THE NEW PUBLIC STREET NAMES OF KIWI LANE, PERSIMMON LANE,
MANDARIN COURT, TANGERINE COURT, AND POMEGRANATE COURT;
ACCEPT ON BEHALF OF THE COUNTY OF BUTTE GARNER LANE, KIWI
LANE, PERSIMMON LANE, MANDARIN COURT, TANGERINE COURT, AND
POMEGRANATE COURT, AS OFFERED FOR DEDICATION IN THE OWNER'S
STATEMENT; ACCEPT ON BEHALF OF THE COUNTY OF BUTTE THE
RELINQUISHMENT OF ABUTTER'S RIGHTS OF ACCESS ALONG GARNER
LANE AS OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT;
ACCEPT ON BEHALF OF THE PUBLIC THE PUBLIC SERVICE EASEMENTS
AS OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT; ACCEPT
ON BEHALF OF THE PUBLIC THE EASEMENTS FOR STORM DRAINAGE
PURPOSES AS OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT;
AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT; AND
ACCEPT ON BEHALF OF THE PUBLIC, AND AUTHORIZE THE CHAIR TO
SIGN, THE CERTIFICATE OF ACCEPTANCE FOR THE AVIGATION
EASEMENT REQUIRED BY THE CONDITIONS OF APPROVAL.
MINUTES
PAGE 1 SEPTEMBER 28, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 28, 2004
CONSENT AGENDA
0418-002 1. Re-establish Encumbrances and Re-appropriate Revenues -
approval is requested to re-establish prior year encumbrances
and re-appropriate prior year revenues for the Solar Energy
Capital Project and Courthouse Expansion Project. At the end
of the 2003-2004 fiscal year the Auditor's Office relieved
the encumbrances for the projects due to negative fund
balances. Funding is now available for the projects and the
revenues and encumbrances need to be re-appropriated and re-
established - action requested - APPROVE BUDGET TRANSFER
B-061 (4/5 vote required) RE-ESTABLISHING THE ENCUMBRANCES
AND RE-APPROPRIATING THE REVENUES FOR THE TWO CAPITAL
PROJECTS AS DETAILED IN THE AGENDA REPORT.
2. State of California, Department of Alcohol and Drug
Programs - Amendment - approval is requested for an amendment
to the grant award agreement with the State of California,
Department of Alcohol and Drug Programs for the Drug Court
Partnership Program. The amendment extends the period of
time in which the County can expend Project Year Five funds
to June 30, 2005. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. R40153)
3. FamiliesFirst, Inc. - approval is requested for an agreement
with FamiliesFirst, Inc., for the provision of a day
treatment rehabilitation program for emotionally disturbed
youth receiving full-scope Medi-Cal benefits. The term of
the agreement is July 1, 2004, through June 30, 2005, with
a maximum amount payable of $120,431.68 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
4. Cherokee Restoration Fellowship - Amendment - approval is
requested for an amendment to the agreement with Cherokee
Restoration Fellowship for the provision of residential
treatment services. The amendment provides for the addition
of Alcohol/Drug Free Housing services for clients referred
under the Proposition 36 and Drug Court programs, increases
the maximum amount payable by $8,379 (department budget) for
the additional services, and revises the agreement's exhibits
and attachments to reflect the amendments. All other terms
and provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X15129)
MINUTES PAGE 2 SEPTEMBER 28, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 28, 2004
0418-002 5. Butte County Public Health Department/Butte County Department
of Behavioral Health - Amendment - approval is requested for
an amendment to the Memorandum of Understanding with the
Public Health Department for System of Care services. The
amendment extends the term of the agreement through September
30, 2004, increases the maximum amount payable by $21,224.21
(department budget) for the extended term, includes language
regarding billing processes, and revises the agreement's
exhibits to reflect the amendments. 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. X11980)
6. Catholic Health Care d.b.a. St. Mary's Medical Center -
approval is requested for an agreement with Catholic Health
Care d.b.a. St. Mary's Medical Center for the provision of
inpatient hospital services for referred adolescents. The
term of the agreement is July 1, 2004, through June 30, 2005,
with the amount payable determined by service utilization.
Acute Psychiatric Days are charged at $757 per day, and
Administrative Days are charged at $296.03 per day. Claims
for services are paid directly by the State, and the State
then offsets Realignment Revenue for the claim amount -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
7. Budget Transfer - approval is requested for a budget transfer
of $4,733 (Drug Court Partnership funds) from the Behavioral
Health Department's budget to the Probation Department's
budget to provide the appropriation necessary for costs
associated with assignment of a Probation Officer to the Drug
Court Program - action requested - APPROVE BUDGET TRANSFER
B-062 (4/5 vote required) TRANSFERRING, ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
8. Resolution Confirming and Increasing the Change Fund for the
Butte County Clerk-Recorder - pursuant to Government Code
Section 29323, approval is requested for a resolution which
will increase the department's change fund from $200 to $400.
The increase is requested to meet the operating needs of the
department - action requested - ADOPT RESOLUTION 04-176 AND
AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PAGE 3 SEPTEMBER 28, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 28, 2004
0418-002 9. Biggs/Gridley Hospital and Enloe Medical Center - approval
is requested for revenue agreements with the Biggs/Gridley
Hospital and Enloe Medical Center for the provision of Medi-
cal and County Medical Services Program (CMS P) eligibility
determination services. Under the agreement the department
will assign an Eligibility Technician to the hospitals to
conduct intake interviews for persons applying for Medi-Cal
and CMSP benefits. The term of each agreement is from the
date of execution through June 30, 2005, and each agreement
provides a maximum amount payable to the County of $46,772.
State Medi-Cal funds will also provide $17,174 for the
program - action requested - APPROVE AGREEMENTS (2) AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-
063 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT.
10. El Medio Fire Protection District - approval is requested for
a limited automatic aid agreement with the El Medio Fire
Protection District. The term of the agreement is
July 19, 2004, through July 1, 2005. There is no funding
associated with the agreement. In consideration for the
services provided, the El Medio Fire Protection District will
meet specific required conditions regarding maintenance of
equipment, personnel, training and responsibilities - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
11. Resolution in Recognition of Ted Crawford Upon His Retirement
from the Butte County Fire Department - action requested -
ADOPT RESOLUTION 04-177 AND AUTHORIZE THE CHAIR TO SIGN.
12. State Homeland Security Grant Funds - approval is requested
by the Emergency Services Division to accept and appropriate
unexpended fiscal year 2002-2003 State Homeland Security
Grant Funds into the current fiscal year budget - action
requested - APPROVE BUDGET TRANSFER B-065 (4/5 vote required)
ACCEPTING AND APPROPRIATING PRIOR YEAR GRANT FUNDS AS
DETAILED IN THE AGENDA REPORT.
13. Tip Holloway & Associates, Inc. - approval is requested for
an agreement with Tip Holloway & Associates, Inc., for the
provision of auction services to dispose of County surplus
vehicles, equipment and furniture. The term of the agreement
is July 1, 2004, through June 30, 2005, and provides the
contractor with a commission schedule of l00 of the proceeds
from the sale of vehicles, equipment and trailers, and 300
of the proceeds from the sale of miscellaneous property such
as computers, furniture and office fixtures. The agreement
also provides for transportation charges ($30 per hour) and
vehicle inspection and preparation charges (up to a maximum
of $100 per vehicle) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40713)
MINUTES
PAGE 4 SEPTEMBER 28, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 28, 2004
0418-002 14. Transfer of Funds for Tree Removal - approval is requested
by the Facilities Services Division to transfer $3,700 from
the General Fund Appropriation for Contingencies to the
Facilities Services budget to provide the appropriation for
removal of a decaying tree in the parking lot area of 196
Memorial way, Chico - action requested - APPROVE BUDGET
TRANSFER B-064 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE FROM THE GENERAL FUND
APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE AGENDA
REPORT.
15. Adoption of a Salary Ordinance Amendment - the department has
prepared a salary ordinance which reflects changes contained
in the fiscal year 2004-2005 final budget as follows:
AUDITOR-CONTROLLER - deletes one flexibly staffed position
of Accounting Specialist/Senior Account Clerk/Account Clerk,
and one position of Auditor-Accountant III/II. PURCHASING -
deletes one position of Buyer III/II/I. TREASURER-TAX
COLLECTOR - deletes one position of Information Systems
Technician III/II/I. ASSESSOR - deletes one flexibly staffed
position of Appraisal Specialist/Assessment Clerk III/II, one
flexibly staffed position of Appraiser III/II/I/Appraisal
Specialist, one position of Assessment Clerk II/I, one
flexibly staffed position of Cadastral Drafting
Technician/Drafting Aide, and one flexibly staffed position
of Secretary I/ Administrative Services Assistant. COUNTY
COUNSEL - deletes one position of Deputy County Counsel
IV/III/II/I. DISTRICT ATTORNEY-CRIMINAL - deletes one
position of Assistant District Attorney effective February
28, 2005, and one half-time flexibly staffed position of
Legal Typist Clerk/Office Assistant III/II/I. DISTRICT
ATTORNEY-CHILD SUPPORT INVESTIGATIONS - deletes one and
a half positions of District Attorney Investigator II/I, and
one position of Investigative Assistant. DISTRICT ATTORNEY-
CHILD ABDUCTION - deletes one position of District Attorney
Investigator II/I. DISTRICT ATTORNEY-WELFARE FRAUD - deletes
one position of District Attorney Investigator II/I.
SHERIFF-CORONER-SERVICES - deletes one position of Deputy
Sheriff, one position of Public Safety Dispatcher, one
position of Sheriff's Sergeant, and one position of Sheriff's
Lieutenant. Adds one position of Information Systems Analyst
III/II/I, and two positions of Information Systems Technician
II/I. SHERIFF-CORONER - OPERATIONS - deletes two positions
of Deputy Sheriff, and one sunset position of Deputy Sheriff
(position end date 12-31-04) SHERIFF-CORONER - RURAL COUNTY
SUPPLEMENTAL FUNDING - deletes two positions of Deputy
Sheriff, one position of Information Systems Analyst
III/II/I, two positions of Information Systems Technician
II/I, and one position of Sheriff's Clerk III/II. PROBATION-
JUVENILE HALL - deletes eight positions of Juvenile Hall
Counselor II/I, and one and a half positions of Office
Assistant III/II/I. PROBATION - deletes three positions of
Probation Technician.
MINUTES
PAGE 5 SEPTEMBER 28, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 28, 2004
0418-002 15. PROBATION-BOARD OF CONTROL GRANT - deletes one half-time
flexibly staffed position of Legal Secretary/Legal Typist
Clerk/Office Assistant III. DEVELOPMENT SERVICES - deletes
one flexibly staffed position of Secretary I/Office Assistant
III. Adds one flexibly staffed position of Secretary
II/I/Office Assistant III. PUBLIC WORKS-CONSTRUCTION AND
MAINTENANCE - deletes two flexibly staffed positions of
Assistant Engineer/Junior Engineer, one flexibly staffed
position of Associate Civil Engineer/Associate
Engineer/Assistant Engineer, one flexibly staffed position
of Associate Surveyor/Assistant Surveyor, and six flexibly
staffed positions of Road Maintenance worker II/I/Road
Maintenance Aide. PUBLIC HEALTH-GENERAL SERVICES - deletes
one position of Health Education Specialist III/II/I, and one
sunset position of Public Health Nurse III/II/I (position end
date 6-30-05). Adds one position of Administrative Services
Assistant, and one position of Environmental Health
Specialist III/II. PUBLIC HEALTH-ENVIRONMENTAL HEALTH - adds
three positions of Environmental Health Specialist III/II.
BEHAVIORAL HEALTH-GENERAL SERVICES - deletes three
flexibly staffed positions of Accounting Specialist/Senior
Account Clerk/Account Clerk, one position of Administrative
Services Assistant, one position of Auditor-Accountant II/I,
one position of Clinical Program Manager, three positions of
Health Education Specialist II/I, one position of Information
Systems Technician II/I, one position of Manager-Program
Resource and Development, one position of Mental Health
Clinician I, one position of Mental Health Counselor, one
flexibly staffed position of Mental Health Counselor/Mental
Health Worker, two positions of Program Manager-Community
Services, one flexibly staffed position of Senior Mental
Health Counselor/Mental Health Counselor, seven and a half
flexibly staffed positions of Senior Mental Health
Counselor/Mental Health Counselor/Mental Health worker, one
position of Senior Staff Services Systems Specialist, one
position of Supervisor-Clerical Support Services, and one
position of Supervisor-Health Education Specialist.
BEHAVIORAL HEALTH-GENERAL SERVICES - adds one sunset position
of Program Manager-Community Services (position end date 12-
31-04), one position of Psychiatrist, and one flexibly
staffed sunset position of Senior Mental Health
Counselor/Mental Health Counselor/Mental Health worker
(position end date 12-31-04) BEHAVIORAL HEALTH-SUBSTANCE
ABUSE SERVICES - deletes one position of Administrative
Services Assistant and one sunset position of Health
Education Specialist III/II (position end date 12-31-05).
Adds three positions of Health Education Specialist II/I, and
one position of Information Systems Technician II/I.
MINUTES
PAGE 6 SEPTEMBER 28, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 28, 2004
0418-002 15. CHILD SUPPORT SERVICES - deletes three flexibly staffed
positions of Accounting Specialist/Senior Account
Clerk/Account Clerk, one position of Administrative Analyst
III/II/I, one position of Courier-Stock Clerk, two positions
of Family Support Case Manager III/II/I, one position of
Information Systems Analyst II/I, one position of Information
Systems Technician II/I, and four positions of Office
Assistant III/II/I. Adds two flexibly staffed sunset
positions of Accounting Specialist/Senior Account
Clerk/Account Clerk (position end dates 9-30-05) FACILITIES
SERVICES - deletes two positions of Janitor. CENTRAL
DUPLICATING - deletes one position of Offset Duplicating
Machine Operator II/I. CENTRAL COMMUNICATIONS - deletes one
position of Administrative Analyst III/II/I, and one position
of Office Assistant III/II/I. NEAL ROAD SANITARY LANDFILL-
MANAGEMENT - adds one position of Landfill Maintenance worker
II, one position of Landfill Scale Attendant, and one
position of Senior Landfill Equipment Operator. NEAL ROAD
SANITARY LANDFILL-USED OIL BLOCK GRANT - adds one position
of Recycling Coordinator II/I - action requested - ADOPT
ORDINANCE 3884 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-14-04
[3.16] )
16. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: SALARY PLAN FOR CLASSIFIED POSITIONS, REFERENCE
C, GENERAL UNIT CLASSIFICATION - revises the hourly salary
range for the positions of Environmental Health Specialist
I ($17.67-$21.47), Environmental Health Specialist II
($19.52-$23.73), and Environmental Health Specialist III
($21.46-$26.08) - action requested - ADOPT RESOLUTION 04-178
AND AUTHORIZE THE CHAIR TO SIGN.
17. Kronos Incorporated - Amendment - approval is requested for
an amendment to the agreement with Kronos Incorporated for
the provision of software and professional services for the
County's financial management system. The amendment extends
the term of the agreement through July 1, 2005, provides for
expanded software product needs and educational support
services, and increases the maximum amount payable by $99,200
(department budget). All other terms and provisions remain
the same. To provide the appropriation for payment of the
amendment costs, approval is also requested for a transfer
of department funds between budget line items - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-066 TRANSFERRING
FUNDS AS DETAILED IN THE AGENDA REPORT. (Contract No.
X14080)
18. Library Donations - pursuant to Government Code Section
25355, donations of $1,833.50 from the Oroville Friends of
the Library and $983.43 from the Paradise Friends of the
Library have been received for the Butte County Trust Fund
for the purchase of books - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
MINUTES
PAGE 7 SEPTEMBER 28, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 28, 2004
0418-002 19. Library Literacy Program Donation - pursuant to Government
Code Section 25355, approval is requested to accept and
appropriate $1,000 received from Wal-Mart for the Library
Literacy Program - action requested - APPROVE BUDGET TRANSFER
B-067 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT; AND
AUTHORIZE A LETTER OF APPRECIATION.
20. Small Business Initiative Grant Program - approval is
requested to apply to the California State Library for a
$7,000 grant under the Small Business Initiative Grant
Program. The grant is designed to provide services that are
responsive to the needs of small businesses - action
requested - APPROVE APPLICATION FOR GRANT FUNDS AND
AUTHORIZE THE DIRECTOR-LIBRARIES TO SIGN.
21. Patrick L. Slupski - approval is requested for a sole source
agreement with Patrick L. Slupski for the provision of
physical and occupational therapy services to eligible
children under the California Children's Services programs.
The term of the agreement is October 1, 2004, through June
30, 2005, with a maximum amount payable of $47,000 (250
Realignment funds/25o State funds/50o department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
22. Relief of Accountability - pursuant to Government Code
Section 29390, approval is requested for relief of
accountability for $599.50 missing from the work receipts,
and $100 missing from the change fund from the Public Health
Clinic office at 695 Oleander Avenue, Chico, on August 12,
2004. 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. Board
approval is also requested to reduce the change fund at the
Oleander Clinic site to $50, and to transfer the remaining
$50 to the Environmental Health Division's change funds -
action requested - GRANT RELIEF OF ACCOUNTABILITY FOR $599.50
AND $100; APPROVE REDUCTION OF THE CHANGE FUND AT THE
OLEANDER CLINIC SITE FROM $100 TO $50; AND APPROVE THE
TRANSFER OF THE REMAINING $50 TO THE ENVIRONMENTAL HEALTH
BUDGET AS DETAILED IN THE AGENDA REPORT.
23. Cathleen Gentry - approval is requested for a sole source
agreement with Cathleen Gentry for the provision of
professional consulting services for the Medi-Cal
Administrative Activities and Targeted Case Management
Consortium of Counties. The term of the agreement is
July 1, 2004, through June 30, 2005, with a maximum amount
payable of $135,000. Funding for the agreement is provided
by participation fees from counties in the consortium -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
MINUTES
PAGE 8 SEPTEMBER 28, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 28, 2004
0418-002 24. Butte County Children & Families Commission - approval is
requested for a grant agreement with the Butte County
Children & Families Commission for funds to support the
Children's Dental Program. The term of the agreement is
July 1, 2004, through June 30, 2005, with a maximum amount
payable to the County of $98,976. Board approval is also
requested to allocate $23,405 for operating expenses - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN; AND APPROVE BUDGET TRANSFER B-068 (4/5 vote required)
ACCEPTING AND APPROPRIATING GRANT REVENUE AS DETAILED IN THE
AGENDA REPORT. (Contract No. X15096)
25. Cottage Cove Subdivision, Phase I - the Cottage Cove
Subdivision, APN 068-360-116, is located on the east side of
Oakvale Avenue, north of the Ophir School in the Oroville
area, and is a conditionally approved 30-lot private street
subdivision to be developed in three phases. Cottage Cove
Subdivision, Phase I, is comprised of 10 lots. The developer
has complied with the Conditions of Approval, has completed
construction of the required Phase I improvements and has
provided a letter of credit to guarantee the maintenance of
the improvements for one year - action requested - APPROVE
THE FINAL MAP FOR THE COTTAGE COVE SUBDIVISION, PHASE I;
APPROVE THE NEW PRIVATE STREET NAMES OF COTTAGE COVE DRIVE
AND COTTAGE CREEK DRIVE; ACCEPT ON BEHALF OF THE COUNTY OF
BUTTE OAKVALE AVENUE AS OFFERED FOR DEDICATION IN THE OWNER' S
STATEMENT; ACCEPT ON BEHALF OF THE COUNTY OF BUTTE THE PUBLIC
SERVICE EASEMENTS AS OFFERED FOR DEDICATION IN THE OWNER'S
STATEMENT; ACCEPT ON BEHALF OF THE COUNTY OF BUTTE THE
RELINQUISHMENT OF ABUTTER'S RIGHTS OF ACCESS ALONG OAKVALE
AVENUE AS OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT;
AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT.
MINUTES
PAGE 9 SEPTEMBER 28, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
0418-002
MINUTES
PAGE 10
SEPTEMBER 28, 2004
MINUTES -SEPTEMBER 28, 2004
26. Capital Improvement Projects - approval is requested to add
two additional projects to the department's fiscal year 2004-
2005 Capital Projects List and budget. The first project is
a proposed scenic outlook viewing area at Lookout Point on
the Skyway. The total project cost is estimated at $410,000
($362,612 Federal Transportation Enhancement (TE)
funds/$47,338 in-kind County match). The Butte County
Association of Governments has programmed $33,000 of TE funds
for fiscal year 2004-2005 which will be used for project
approval and environmental documents and the projects plans
and specifications, and Board approval is also requested to
accept and appropriate those funds. The second project is
the design work, environmental documents and right-of-way
acquisition for the extension of the Highway 99 frontage road
between Entler Avenue and the Edgar Slough. The project is
identified in the Chico Urban Area Traffic Impact Fee Nexus
Study and is an eligible use for the impact fees. The
project costs are estimated at $100,000 - action requested -
F~6svz£~F~9i'~~F~F'~F~6r~E E~S~A--9~FE: - -
~-F~?6soz£-F~E~`~-Fi6d~C"'FS~S~ E'6F~-~~C_~__~F?~~?-004 ?-00 ~ APPROVE
THE ADDITION OF THE PROJECTS LIST FOR FISCAL YEAR 2004-2005
PENDING A POSITIVE REPORT BY THE BUTTE COUNTY PLANNING
COMMISSION; AND APPROVE BUDGET TRANSFER B-072 (4 /5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE
AS DETAILED IN THE AGENDA REPORT.
27. County Service Area (CSA) No. 31 (Biggs Swimming Pool) -
approval is requested to transfer $4,248 from the CSA's
Appropriation for Contingencies to the operating budget to
provide the funding for pool maintenance expenses for June
2004 - action requested - APPROVE BUDGET TRANSFER B-069 (4/5
vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
28. Rural County Supplemental Funding Grant - approval is
requested to accept and appropriate $500,000 from the State
of California under the Rural County Supplemental Funding
Grant program. The Sheriff will use part of the funds to
continue the School Resource Officer (SRO) program at
Paradise High School and Las Plumas High School. The cost
of the program at Las Plumas High School will be offset by
a $40,000 contribution from the school and school district,
and Board approval is also requested to accept and
appropriate those funds. The Sheriff is also intending to
use grant funds to purchase a Livescan fingerprint machine
in the estimated amount of $42,000, and Board approval is
requested for the fixed asset purchase of the equipment -
action requested - APPROVE BUDGET TRANSFER B-071 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE
AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET
PURCHASE OF FINGERPRINT EQUIPMENT.
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER 28, 2004
0418-002 29. California Methamphetamine Enforcement Team (CAL-MMET) Grant
Funds - approval is requested to accept and appropriate
$10,548.27 received from the Shasta County Sheriff's Office
under the CAL-MMET grant program. The funds will be utilized
to purchase avionics equipment - action requested - APPROVE
BUDGET TRANSFER B-070 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
30. Monthly Investment Report - submitted is the Monthly
Investment Report dated August 31, 2004, in accordance with
the Statement of Investment Policy dated July 1, 2004 -
action requested - ACCEPT FOR INFORMATION.
31. Resolution Proclaiming October 2004 as Domestic Violence
Awareness Month - Catalyst Domestic Violence Services is
requesting the Board adopt a resolution proclaiming October
as Domestic Violence Awareness Month - action requested -
ADOPT RESOLUTION 04-179 AND AUTHORIZE THE CHAIR TO SIGN.
32. Paradise Cemetery District - action requested - REAPPOINT
MARY IDA LEONARD AND W.L. "BILL" KELLOGG, TRUSTEES, TO TERMS
TO END JULY 1, 2008.
33. Upham Cemetery District - action requested - REAPPOINT RAMON
LEFEVRE, TRUSTEE, TO A TERM TO END JULY 1, 2006, AND ERIC
MANLEY AND MARVIN CARSON, TRUSTEES, TO TERMS TO END
JULY 1, 2008. (66)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.27 AMENDED TO
REVISE THE ACTION REQUESTED TO READ, "APPROVE THE ADDITION OF THE
PROJECTS LIST FOR FISCAL YEAR 2004-2005 PENDING A POSITIVE REPORT
BY THE BUTTE COUNTY PLANNING COMMISSION; AND APPROVE...", AND THE
REMOVAL OF ITEM 3.26.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CHAIR BEELER PRESENTED A RESOLUTION TO CINDY HAWTHORNE, CATALYST
DOMESTIC VIOLENCE SERVICES, PROCLAIMING OCTOBER AS DOMESTIC
VIOLENCE AWARENESS MONTH.
REGULAR AGENDA
0418-003 Boards, Commissions and Committees. (180)
1. Appointments to Listed Vacancies. (NONE)
2. Board Member or Committee Reports.
SUPERVISOR YAMAGUCHI PROVIDED A REPORT ON THE RECENT REGIONAL
COUNCIL OF RURAL COUNTIES MEETING.
MINUTES
PAGE 11
SEPTEMBER 28, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 28, 2004
0418-003 SUPERVISOR JOSIASSEN REQUESTED A REPORT FROM THE CHICO
SUBCOMMITTEE ADDRESSING A LETTER WRITTEN BY THEM TO MAUREEN KIRK,
CHICO CITY COUNSEL, REGARDING JOINT PLANNING ISSUES.
0418-004 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (473) PAUL MCINTOSH, CHIEF
ADMINISTRATIVE OFFICER, SUBMITTED A REPORT BY STRATEGIC LOCAL
GOVERNMENT SERVICES WHICH PROVIDES AN UPDATE ON LEGISLATIVE
ACTIVITY, AND PROVIDED A REPORT ON HIS ATTENDANCE AT THE REGIONAL
COUNCIL OF RURAL COUNTIES MEETING.
0418-005 Advanced Funding of workers' Compensation Costs - consideration of
a resolution which will authorize the funding of a trust for
workers' Compensation costs and claims. The resolution is a
necessary step for the County's transition to a self-insured
workers' Compensation program - action requested - ADOPT AND
AUTHORIZE THE CHAIR TO SIGN THE RESOLUTION APPROVING THE FORMS OF
THE DOCUMENTS IN THE TRANSACTION AND AUTHORIZING AND DIRECTING
CERTAIN ACTIONS IN CONNECTION THEREWITH. (580)
MOTION: I MOVE TO ADOPT AND AUTHORIZE THE CHAIR TO SIGN RESOLUTION 04-180
APPROVING THE FORMS OF THE DOCUMENTS IN THE TRANSACTION AND
AUTHORIZING AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0418-006 Butte County Child welfare System Improvement Plan - consideration
of a one-year plan to establish program priorities, define
specific actions to achieve improvements, and establish goals for
improvements as mandated by the Child welfare System Improvement
and Accountability Act - action requested - APPROVE PLAN AND
AUTHORIZE THE CHAIR TO SIGN. (953)
MOTION: I MOVE TO APPROVE THE PLAN AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0418-007 A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND A MOTION OF
INTENT ADOPTED - Steve Schuster - Tentative Subdivision Map Appeal
(Sierra Moon Subdivision) - on August 17, 2004, the Board adopted
a motion of intent to approve a Mitigated Negative Declaration and
a Tentative Subdivision Map to create 118 lots from a 300-acre
site, including 135 acres of open space, on property 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 -
action requested:
1. PROVIDE ADDITIONAL DETAILS TO STAFF REGARDING THE BOARD'S
DIRECTION TO SET UP A TEMPORARY CUL-DE-SAC ON SPYGLASS ROAD;
MINUTES PAGE 12 SEPTEMBER 28, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER 28, 2004
0418-007 2. SUBJECT TO FINDINGS I (A-G) AS DETAILED IN THE STAFF REPORT
DATED SEPTEMBER 28, 2004, APPROVE THE REVISED AND RE-
CIRCULATED MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS;
3. FIND THAT THE 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 14 CCR 753.5; AND
4. SUBJECT TO FINDINGS III (A-G) AS DETAILED IN THE STAFF REPORT
DATED SEPTEMBER 28, 2004, AND THE CONDITIONS OF APPROVAL
DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED SEPTEMBER
28, 2004, APPROVE TENTATIVE SUBDIVISION MAP 03-O1 FOR STEPHEN
J. SCHUSTER, ASSESSOR PARCEL NUMBER 047-710-001. (FROM 8-17-
04 [5.06] ) (1328)
MOTION: SUBJECT TO FINDINGS I (A-G) AS DETAILED IN THE STAFF REPORT DATED
SEPTEMBER 28, 2004, I MOVE TO APPROVE THE REVISED AND RE-
CIRCULATED MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL
IMPACTS; FIND THAT THE 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 14
CCR 753.5; AND SUBJECT TO FINDINGS III (A-G) AS DETAILED IN THE
STAFF REPORT DATED SEPTEMBER 28, 2004, AND THE CONDITIONS OF
APPROVAL DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED
SEPTEMBER 28, 2004, FURTHER MOVE TO APPROVE TENTATIVE SUBDIVISION
MAP 03-O1 FOR STEPHEN J. SCHUSTER, ASSESSOR PARCEL NUMBER 047-710-
001.
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
RECESS:
RECONVENE
MINUTES
PAGE 13
SEPTEMBER 28, 2004
9:56 A.M.
10:15 A.M.
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 28, 2004
REGULAR AGENDA
0418-008 Items Removed from the Consent Agenda for Board Consideration and
Action. (1897)
1. Vineyard Grove Estates Subdivision - the Vineyard Grove
Estates Subdivision, APN 047-440-006, is located on the west
side of Garner Lane approximately 3,000 feet south of Keefer
Road, and is a conditionally approved 29 lot public street
subdivision. The subdivision has annexed to County Service
Area No. 158 to provide storm drainage maintenance, fire
protection services and street lighting. The developer has
complied with the Conditions of Approval and has provided a
performance bond for construction of the required
improvements - action requested - APPROVE FINAL MAP; APPROVE
THE NEW PUBLIC STREET NAMES OF KIWI LANE, PERSIMMON LANE,
MANDARIN COURT, TANGERINE COURT, AND POMEGRANATE COURT;
ACCEPT ON BEHALF OF THE COUNTY OF BUTTE GARNER LANE, KIWI
LANE, PERSIMMON LANE, MANDARIN COURT, TANGERINE COURT, AND
POMEGRANATE COURT, AS OFFERED FOR DEDICATION IN THE OWNER'S
STATEMENT; ACCEPT ON BEHALF OF THE COUNTY OF BUTTE THE
RELINQUISHMENT OF ABUTTER'S RIGHTS OF ACCESS ALONG GARNER
LANE AS OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT;
ACCEPT ON BEHALF OF THE PUBLIC THE PUBLIC SERVICE EASEMENTS
AS OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT; ACCEPT
ON BEHALF OF THE PUBLIC THE EASEMENTS FOR STORM DRAINAGE
PURPOSES AS OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT;
AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT; AND
ACCEPT ON BEHALF OF THE PUBLIC, AND AUTHORIZE THE CHAIR TO
SIGN, THE CERTIFICATE OF ACCEPTANCE FOR THE AVIGATION
EASEMENT REQUIRED BY THE CONDITIONS OF APPROVAL.
MOTION: I MOVE TO APPROVE THE FINAL MAP; APPROVE THE NEW PUBLIC STREET
NAMES OF KIWI LANE, PERSIMMON LANE, MANDARIN COURT, TANGERINE
COURT, AND POMEGRANATE COURT; ACCEPT ON BEHALF OF THE COUNTY OF
BUTTE GARNER LANE, KIWI LANE, PERSIMMON LANE, MANDARIN COURT,
TANGERINE COURT, AND POMEGRANATE COURT, AS OFFERED FOR DEDICATION
IN THE OWNER'S STATEMENT; ACCEPT ON BEHALF OF THE COUNTY OF BUTTE
THE RELINQUISHMENT OF ABUTTER'S RIGHTS OF ACCESS ALONG GARNER LANE
AS OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT; ACCEPT ON
BEHALF OF THE PUBLIC THE PUBLIC SERVICE EASEMENTS AS OFFERED FOR
DEDICATION IN THE OWNER'S STATEMENT; ACCEPT ON BEHALF OF THE
PUBLIC THE EASEMENTS FOR STORM DRAINAGE PURPOSES AS OFFERED FOR
DEDICATION IN THE OWNER'S STATEMENT; AUTHORIZE THE CHAIR TO SIGN
THE SUBDIVISION AGREEMENT; AND ACCEPT ON BEHALF OF THE PUBLIC, AND
AUTHORIZE THE CHAIR TO SIGN, THE CERTIFICATE OF ACCEPTANCE FOR THE
AVIGATION EASEMENT REQUIRED BY THE CONDITIONS OF APPROVAL.
S M
VOTE: l Y 2 Y 3 N 4 Y 5 Y (Motion Carried)
ADJOURNED AT 10:21 A.M., AS THE BUTTE COUNTY BOARD OF SUPERVISORS
AND CONVENE AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC
AUTHORITY BOARD.
MINUTES
PAGE 14 SEPTEMBER 28, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 28, 2004
BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MINUTES
SEPTEMBER 2 8 , 2 0 04
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. (2197)
Agenda Items
0409-001 Request to Fill Vacant Position, Approval of Employment Agreement,
and Approval of Revised Personnel Polices - approval is requested
to: fill a vacant Public Authority Services Specialist Aide
position; approve an employment agreement for the at-will
position; and approve revisions to the Authority's Personnel
Policies which will result in a document more consistent with
government personnel compliance and Butte County Personnel
Policies - action requested - APPROVE REQUEST TO FILL VACANT
PUBLIC AUTHORITY SERVICES SPECIALIST AIDE POSITION; APPROVE
EMPLOYMENT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE
REVISIONS TO THE PUBLIC AUTHORITY PERSONNEL POLICIES INCLUDED AS
EXHIBIT A TO THE AGREEMENT. (2204)
MOTION: I MOVE TO APPROVE THE REQUEST TO FILL THE VACANT PUBLIC AUTHORITY
SERVICES SPECIALIST AIDE POSITION; APPROVE THE EMPLOYMENT
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND FURTHER MOVE TO
APPROVE REVISIONS TO THE PUBLIC AUTHORITY PERSONNEL POLICIES
INCLUDED AS EXHIBIT A TO THE AGREEMENT.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Public Comment
0409-002 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. (2290) (NONE)
Adjournment
ADJOURNED AT 10:24 A.M., AS THE BUTTE COUNTY IN-HOME SUPPORTIVE
SERVICES PUBLIC AUTHORITY BOARD AND RECONVENED AS THE BUTTE COUNTY
BOARD OF SUPERVISORS.
MINUTES
PAGE 15 SEPTEMBER 28, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
BOARD OF SUPERVISORS
MINUTES -SEPTEMBER 28, 2004
RECESS: 10:25 A.M.
RECONVENE : 1 0: 3 4 A. M.
PUBLIC HEARINGS AND TIMED ITEMS
0418-009 Public Hearing - Consideration of the Adoption of a Groundwater
Management Plan Pursuant to California Government Code Section
10753 et seq. (AB 3030) - consideration of the adoption of a
county-wide groundwater management plan for portions of the
groundwater basin not presently covered by another groundwater
management plan. The objectives of the Butte County Groundwater
Plan are to: minimize the long-term drawdown of groundwater
levels; protect groundwater quality; prevent inelastic land
subsidence as a result of groundwater pumping; minimize changes to
surface water flows and quality that directly effect groundwater
levels or quality; minimize the effect of groundwater pumping on
surface water flows and quality; and evaluate groundwater
replenishment and cooperative management projects such as
conjunctive use. The Butte County Groundwater Management Plan
also documents existing local groundwater management activities -
action requested - CONSIDER PROTESTS AND COMMENTS RECEIVED BY THE
DEPARTMENT AND THE DEPARTMENT'S RESPONSES; DIRECT THE DEPARTMENT
TO INSERT THE NECESSARY EDITS IN THE FINAL COPY OF THE BUTTE
COUNTY GROUNDWATER MANAGEMENT (AB 3030) PLAN; AND ADOPT A
RESOLUTION APPROVING THE PLAN AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 8-17-04 [4.05]) (2342) (**00)
PUBLIC HEARING OPENED: 10:34 A.M.
PUBLIC HEARING CLOSED: 11:25 A.M.
MOTION: I MOVE TO DIRECT THE DEPARTMENT TO INSERT THE NECESSARY EDITS IN
THE FINAL COPY OF THE BUTTE COUNTY GROUNDWATER MANAGEMENT (AB
3030) PLAN; AND FURTHER MOVE TO ADOPT RESOLUTION 04-181 APPROVING
THE PLAN AND AUTHORIZE THE CHAIR TO SIGN.
M Y
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 11:30 A.M.
RECONVENE : 1 1: 4 3 A. M.
MINUTES
PAGE 16
SEPTEMBER 28, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 28, 2004
PUBLIC HEARINGS AND TIMED ITEMS
0418-010 Public Hearing - Annual County Service Area Per Parcel Service
Charges - consideration of the adoption of the per parcel service
charges for the various County Service Areas for fiscal year 2004-
2005 - action requested - OPEN PUBLIC HEARING TO ACCEPT ALL
OBJECTIONS AND/OR PROTESTS; CLOSE HEARING; AND ADOPT A RESOLUTION
CONFIRMING THE COUNTY SERVICE AREA PER PARCEL SERVICE CHARGES IN
THE COUNTY OF BUTTE FOR FISCAL YEAR 2004-2005 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 8-31-04 [3.02]) (**981)
PUBLIC HEARING OPENED: 11:45 A.M.
TOTAL PROTESTS RECEIVED: 0
PUBLIC HEARING CLOSED: 11:45 A.M.
MOTION: I MOVE TO ADOPT RESOLUTION 04-182 CONFIRMING THE COUNTY SERVICE
AREA PER PARCEL SERVICE CHARGES IN THE COUNTY OF BUTTE FOR FISCAL
YEAR 2004-2005 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0418-010 Continued 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
Olt-240-007 and 041 - action requested - STAFF RECOMMENDS APPROVAL
OF THE APPEAL BASED ON APPLICANT' S SUBMISSION OF A REVISED MAP
DATED SEPTEMBER 22, 2004. (FROM 8-17-04 [5.04]) (**1089)
PUBLIC HEARING RECONVENED: 11:45 A.M.
PUBLIC HEARING CLOSED: 11:48 A.M.
MOTION: I MOVE TO APPROVAL OF THE APPEAL BASED ON APPLICANT'S SUBMISSION
OF A REVISED MAP DATED SEPTEMBER 22, 2004, FINDING THAT THE
APPROVAL OF THE REVISED MERGER WOULD BE IN CONFORMANCE WITH THE
BUTTE COUNTY CODE SUBJECT TO TWO CONDITIONS: 1) THAT THE MERGER
PROVIDE A COMMON DRIVEWAY CONNECTION AND EASEMENT TO SERVE BOTH
THE PARCELS FROM THE SKYWAY; AND 2) RELINQUISH TO THE COUNTY OF
BUTTE ABUTTER'S RIGHTS TO THE SKYWAY EXCEPT AT THE APPROVE
DRIVEWAY LOCATION.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PUBLIC COMMENT
0418-O11 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. (**1180) (NONE)
MINUTES
PAGE 17 SEPTEMBER 28, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 28, 2004
CLOSED SESSION
0418-012 RECESS: THE BOARD RECESSED AT 11:51 A.M., TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) SOSA V. COUNTY OF BUTTE
(BUTTE COUNTY SUPERIOR COURT CASE NO. 132801).
(**1187)
RECONVENE: THE BOARD RECONVENED AT 1:20 P.M., FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) SOSA V. COUNTY OF BUTTE
(BUTTE COUNTY SUPERIOR COURT CASE NO. 132801).
(**1201) (NO ANNOUNCEMENTS)
SUPERVISOR HOUX NOT PRESENT.
PUBLIC HEARINGS AND TIMED ITEMS
0418-013 Public Hearing - An Ordinance Amending Article VII of Chapter 3 of
the Butte County Code Adjusting Specific Gate Fees Chargeable at
the Neal Road Sanitary Landfill - consideration of an ordinance
amending the fees charged at the Neal Road Sanitary Landfill for
freon containing units, when more than two units are disposed of,
from $15.00 per unit to $30.00 per unit. The ordinance also
proposes to eliminate tires, in any form, from being placed in the
landfill - action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (**1208)
PUBLIC HEARING OPENED: 1:20 P.M.
PUBLIC HEARING CLOSED: 1:27 P.M.
MOTION: I MOVE TO ADOPT ORDINANCE 3885 AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 1:28 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, OCTOBER 12, 2004, AT 9:00 A.M.
R.J. BEELER, CHAIR
ORIGINAL SIGNED IN 2005 BY KIM K. YAMAGUCHI, CHAIR
ATTEST:
Paul McIntosh, Chief Administrative
Officer and Clerk of the Board
By:
MINUTES PAGE 18 SEPTEMBER 28, 2004