HomeMy WebLinkAboutM101105BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 11, 2005
Called to order at 9:09 a.m. in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Connelly, Dolan, Houx, Josiassen, and Chair
Yamaguchi. 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. CHAIR YAMAGUCHI REQUESTED THE
MOMENT OF SILENCE BE HELD IN MEMORY OF LOIS MCDONALD, A LOCAL
HISTORIAN AND AUTHOR FROM THE RIDGE COMMUNITY.
CORRECTIONS AND~OR CHANGES TO THE AGENDA. (NONE)
05 1 9-00 1 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
1. Williamson Act Agreements - Landowner Notification Letters -
approval is requested by the Butte County Land Conservation
Act Advisory Committee, to direct the Department of
Development Services to send to all County landowners subject
to Williamson Act contracts, a letter which discloses to the
landowner that their property is subject to a Williamson Act
contract and provides information concerning compliance with
that contract. This is an informational letter intended to
educate landowners about Williamson Act contracts and the
consequences of non-compliance with the contract's terms -
action requested - APPROVE LETTER AND DIRECT THE DEPARTMENT
TO SEND LETTERS TO ALL COUNTY LANDOWNERS SUBJECT TO
WILLIAMSON ACT CONTRACTS.
CONSENT AGENDA
0519-002 1. Resolution in Recognition of the 25t'' Annual Farm City
Celebration - Silver Anniversary - approval is requested for
a resolution recognizing October 30 - November 19, 2005, as
the 25t'' Annual Farm City Celebration - action requested -
ADOPT RESOLUTION 05-128 AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PacE 1 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 11, 2005
0519-002 2. Substance Abuse and Mental Health Services Administration
Block Grant - approval is requested to apply to the State of
California, Department of Mental Health, for funds under the
Substance Abuse and Mental Health Services Administration
Block Grant program and to approve the grant agreement
accepting the funds. The County will be awarded $345,070 for
fiscal year 2005-2006. The funds will be used for
socialization and vocational activities for adult consumers,
counseling services for detainees in the Juvenile Hall, and
department administrative costs. Approval is also requested
for a budget transfer adjusting revenue and appropriation
accounts to reflect the actual amount awarded - action
requested - APPROVE RENEWAL APPLICATION AND GRANT AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET
TRANSFER B-083 MAKING ADJUSTMENTS AS DETAILED IN THE AGENDA
REPORT.
3. work Training Center for the Handicapped, Inc. (Do-It-
Leisure) - approval is requested for a sole source agreement
with work Training Center for the Handicapped, Inc. (Do-It-
Leisure), for the provision of a socialization program for
referred clients. The term of the agreement is July 1, 2005,
through June 30, 2006, with a maximum amount payable of
$118,502 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
4. Butte County Department of Public Health - Amendment -
approval is requested for an amendment to the Memorandum of
Understanding with the Butte County Department of Public
Health for System of Care services. The amendment reduces
the maximum amount payable by $45,000 for fiscal year 2005-
2006, and revises the agreement's exhibits to reflect the
reduction. All other terms and provisions remain the same.
Board approval is also requested for a budget transfer
adjusting the departments' budget units to reflect the
decease - 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-081 APPROPRIATING FUNDS AS DETAILED IN THE AGENDA
REPORT. (Contract No. X11980)
MINUTES
PAGE 2 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 11, 2005
0519-002 5. Substance Abuse and Crime Prevention Act of 2000 Revised
Fiscal Year 2005-2006 Plan - approval is requested for a
revised Fiscal Year 2005-2006 Plan required to be submitted
to the State of California, Department of Alcohol and Drug
Programs, to receive funds under the Substance Abuse and
Crime Prevention Act of 2000. The revised plan incorporates
changes to reflect the decreased allocation for fiscal year
2005-2006 of $251,187. Board approval is also requested for
adjustments to the department's budget to reflect the reduced
allocation - action requested - APPROVE REVISED PLAN; AND
APPROVE BUDGET TRANSFER B-082 REVISING REVENUE AND
EXPENDITURE ACCOUNTS AS DETAILED IN THE AGENDA REPORT.
6. willow Glen Care Center - approval is requested for a sole
source agreement with willow Glen Care Center for the
provision of rehabilitation services for referred clients.
The term of the agreement is July 1, 2005, through
June 30, 2006, with a maximum amount payable of $101,725
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
7. State of California, Department of Mental Health - approval
is requested for a performance contract with the State of
California, Department of Mental Health, for the County's
establishment of community mental health services to cover
the entire area of the County. The term of the agreement is
July 1, 2005, through June 30, 2006. There are no monetary
provisions associated with the performance agreement. Board
approval is also requested for a resolution authorizing the
agreement - action requested - ADOPT RESOLUTION 05-129 AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
8. North Valley Behavioral Health - approval is requested for
a sole source agreement with North Valley Behavioral Health
for the provision of psychiatric inpatient care services.
The term of the agreement is October 15, 2005, through
June 30, 2006, with a maximum amount payable of $100,800
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
9. Sequoia Psychiatric Center - approval is requested for a sole
source agreement with Sequoia Psychiatric Center for the
provision of psychiatric inpatient care services. The term
of the agreement is October 15, 2005, through June 30, 2006,
with a maximum amount payable of $154,560 (department
budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
MINUTES
PAGE 3 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 11, 2005
0519-002 10. Development Services Director - approval is requested to
appoint Tim Snellings to the position of Director-
Development Services, and to approve an employment agreement
with Mr. Snellings for a three year term, beginning
October 31, 2005. The yearly compensation rate will
$115, 000, and the agreement provides for a 5-day annual leave
advance and relocation allowance of $5,000. All other terms
and provisions are similar to the employment agreements with
all other department directors - action requested - APPOINT
TIM SNELLINGS TO THE POSITION OF DIRECTOR-SDEVELOPMENT
SERVICES, EFFECTIVE OCTOBER 31, 2005; AND APPROVE EMPLOYMENT
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
11. Resolution Approving an Application and Contract Execution
for Funding from the General/Native American Allocation of
the State Community Development Block Grant Program -
approval is requested for a resolution accepting General
Allocation Grant Funds in the amount of $1,294,800,
allocating the funds among the proposed projects, and
authorizing the execution of a grant agreement - action
requested - ADOPT RESOLUTION 05-130 AND AUTHORIZE THE CHAIR
TO SIGN.
12. Peerless Building Maintenance - Amendment - approval is
requested for an amendment to the agreement with Peerless
Building Maintenance for the provision of janitorial services
for county-leased buildings. The amendment extends the term
of the agreement through December 31, 2006, eliminates
services at 1447 Huntoon Street, Oroville, effective
June 30, 2005, includes carpet cleaning and stain treatment
services for 1474 and 1420 Myers Street, Oroville, and
increases the maximum amount payable by $28,200 (department
budget) for the extended term and additional services. All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X14638)
13. Approval of Minutes - action requested - APPROVE MINUTES OF
AUGUST 31, 2004; SEPTEMBER 14, 2004; SEPTEMBER 28, 2004; AND
OCTOBER 12, 2004, WITH THE NOTATION THAT SUPERVISOR CONNELLY
WILL ABSTAIN FROM APPROVAL OF 2004 MINUTES.
MINUTES
PAGE 4 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 11, 2005
0519-002 14. Election Assistance for Individuals with Disabilities Grant
Program - approval is requested for a resolution authorizing
the Clerk-Recorder/Registrar of Voters to participate in the
Election Assistance for Individuals with Disabilities Grant
program. The funds will be used to improve accessibility to,
and participation in, the election process for individuals
with a full range of disabilities. The County will receive
up to $25,219.28, and Board approval is also requested to
accept and appropriate the unanticipated revenue - action
requested - ADOPT RESOLUTION 05-131 AUTHORIZING GRANT
PARTICIPATION AND AUTHORIZE THE CHAIR TO SIGN; AUTHORIZE THE
COUNTY CLERK-RECORDER TO SIGN ANY AND ALL DOCUMENTS
ASSOCIATED WITH THE GRANT; AND APPROVE BUDGET TRANSFER B-084
(4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
15. Butte Justice Agencies Data Sharing Project - Memorandum of
Understanding Amendment and Transfer of Revenue - approval
is requested for an amendment to the Memorandum of
Understanding for the Butte Justice Agencies Data Sharing
Project. The amendment provides for the initiation of the
discovery process for the California Case Management System
to determine its impact on the Butte Justice Agencies Data
Sharing Project and the Superior Court, extends the date of
the agreement through June 30, 2006, and increases the
maximum amount payable by $29,723. Board approval is also
requested to accept and appropriate $34,862 from the
Automated warrant System Assessment Trust Fund to provide the
additional appropriation needed to fund the agreement -
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-085 (4/5
vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
16. Investigative Services Revenue - approval is requested to
accept and appropriate $6,990 received from the Air Quality
Management District for the District Attorney's provision of
investigative services to the District - action requested -
APPROVE BUDGET TRANSFER B-086 (4/5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
MINUTES
PAGE 5 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 11, 2005
0519-002 17. Youth For Change - Amendment - approval is requested for an
amendment to the agreement with Youth For Change for the
provision of Promoting Safe and Stable Families services.
The amendment extends the term of the agreement through
June 30, 2006, increases the maximum amount payable for
fiscal year 2005-2006 by $28,009.51 (department budget), and
revises the agreement's exhibits 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. X13831)
18. Youth For Change - Amendment - approval is requested for an
amendment to the agreement with Youth For Change for the
provision of Promoting Safe and Stable Families services and
Adoption Promotion and Support Services. The amendment
extends the term of the agreement through June 30, 2006,
increases the maximum amount payable for fiscal year 2005-
2006 by $26,232 (department budget), and revises the
agreement's exhibits 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. X13830)
19. Youth For Change - Amendment - approval is requested for an
amendment to the agreement with Youth For Change for the
provision of the In-Home Visitation Program. The amendment
extends the term of the agreement through June 30, 2006,
increases the maximum amount payable for fiscal year 2005-
2006 by $22,104 (department budget), revises the agreement's
exhibits to reflect the changes, and revises agreement
language regarding department contact, insurance, affirmative
action, compliance with Section 504 of the Rehabilitation Act
of 1973, and conflict of interest compliance. 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. X13680)
MINUTES
PAGE 6 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 11, 2005
0519-002 20. Parent Education Network - Amendment - approval is requested
for an amendment to the agreement with Parent Education
Network for the provision of the Families in Transition In-
Home Visitation Program. The amendment extends the term of
the agreement through June 30, 2006, increases the maximum
amount payable by $44,896 (department budget), revises the
agreement's exhibits to reflect the changes, and revises the
agreement language regarding department contact, insurance,
affirmative action, compliance with Section 504 of the
Rehabilitation Act of 1973, and conflict of interest
compliance. 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. X13752)
21. Parent Education Network - Amendment - approval is requested
for an amendment to the agreement with Parent Education
Network for the provision of Promoting Safe and Stable
Families services. The amendment extends the term of the
agreement through June 30, 2006, increases the maximum amount
payable by $26,097.75 (department budget), and revises the
agreement's exhibits 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. X13938)
22. Butte County Department of Behavioral Health - Amendment -
approval is requested for an amendment to the Memorandum of
Understanding with the Butte County Department of Behavioral
Health for the provision of Promoting Safe and Stable
Families services. The amendment extends the term of the
agreement through June 30, 2006, and increases the maximum
amount payable for fiscal year 2005-2006 by $18,085
(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. X14076)
23. 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
Promoting Safe and Stable Families services. The amendment
extends the term of the agreement through June 30, 2006,
increases the maximum amount payable for fiscal year 2005-
2006 by $19,108, (department budget) and revises the
agreement's exhibits 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. X13967)
MINUTES
PAGE 7 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 11, 2005
0519-002 24. Butte Creek watershed Floodplain Management Plan - approval
is requested for the Butte Creek Floodplain Management Plan
for the Butte Creek watershed. The final draft was presented
to the Board on January 25, 2005. The proposed document
incorporates public comments received and addressed and
represents the complete document - action requested - ACCEPT
AS COMPLETE THE BUTTE CREEK FLOODPLAIN MANAGEMENT PLAN
DOCUMENT.
25. Cooperative Personnel Services - approval is requested for
a sole source agreement with Cooperative Personnel Services
for the provision of employment testing materials and
services for County applicants. The term of the agreement
is one year from date of execution, with a maximum amount
payable based on use. The department has budgeted $28,500
for the agreement, ($4,000-California Board of Corrections
testing; $24,500-General testing) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X15715)
26. Side Letter Agreement - approval is requested for a side
letter agreement with the Butte County Management Employees
Association regarding the employment services of Peter A.
Calarco as Assistant Director-Development Services, effective
August 15, 2005. The agreement provides for an 80-hour
vacation accrual upon date of hire, and for appointment to
the position at Step 5 of the salary range - action
requested - APPROVE SIDE LETTER AGREEMENT, RETROACTIVE TO
AUGUST 15, 2005, AND AUTHORIZE THE CHAIR TO SIGN.
27. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: COUNTY CLERK-ELECTIONS AND REGISTRATION -
deletes 1 position of Manager, Support Services. Adds 1
position of Administrative Analyst, Senior/Administrative
Analyst. DISTRICT ATTORNEY-CRIMINAL - deletes 1 position of
Office Specialist, Senior/Office Specialist/Office Assistant.
Adds 1 position of Legal Clerk/Office Specialist,
Senior/Office Specialist/Office Assistant. SHERIFF-CORONER-
OPERATIONS - deletes 2 positions of Evidence Technician and
1 position of Photographic Technician. Adds 3 positions of
Evidence/Photographic Technician. COUNTY-CLERK-RECORDER -
deletes 1 position of Manager, Support Services. Adds 1
position of Administrative Analyst, Senior/Administrative
Analyst, and 2 positions of Supervisor, Clerk-
Recorder/Registrar of Voters. SALARY PLAN FOR CLASSIFIED
POSITIONS, REFERENCE C, GENERAL UNIT CLASSIFICATIONS -
deletes the classifications of Evidence Technician and
Photographic Technician, and adds the classification of
Evidence/Photographic Technician ($15.59-$18.95). SALARY
PLAN FOR CLASSIFIED POSITIONS, REFERENCE F, MANAGEMENT,
CONFIDENTIAL AND SUPERVISORY UNIT CLASSIFICATIONS - adds the
classification of Supervisor, Clerk-Recorder/Registrar of
Voters ($16.47-$20.02) - action requested - ADOPT RESOLUTION
05-132 AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PAGE 8 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 11, 2005
0519-002 28. Library Donations - pursuant to Government Code Section
25355, a donation of $431.20 has been received from the
Paradise Friends of the Library Group for support staff
hours - action requested - ACCEPT DONATION AND AUTHORIZE A
LETTER OF APPRECIATION.
29. Annual Report - submitted is the Butte County Fiscal Year
2004-2005 Annual Report to be filed with the California State
Library - action requested - ACCEPT FOR INFORMATION.
30. waste Recovery west, Inc. - approval is requested for an
agreement with waste Recovery west, Inc., for the provision
of waste tire disposal. The term of the agreement is
October 1, 2005, through September 30, 2006, with a maximum
amount payable of $30,000 (Landfill Management Fund) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
31. Budget Transfer and Fixed Asset Authorization - as part of
the fiscal year 2005-2006 budget for the department, the
Board approved the acquisition of a landfill compactor in the
amount of $560,000. Board approval is requested to increase
the fixed asset purchase authorization to a maximum of
$575, 000 to provide for the actual cost of the equipment over
the estimated budgeted amount. Funding for the increase is
available within the department's budget and Board approval
is also requested for a transfer of funds to provide the
appropriation needed for the purchase - action requested -
APPROVE INCREASE IN FIXED ASSET PURCHASE AUTHORIZATION FOR
A LANDFILL COMPACTER BY $15,000; AND APPROVE BUDGET TRANSFER
B-087 APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
32. Sierra Moon Subdivision Annexation to County Service Area No.
169 - on November 30, 2004, the Board approved an application
to the Local Agency Formation Commission for the annexation
of the Sierra Moon Subdivision to County Service Area No. 169
for the provision of storm drainage maintenance and street
lighting. In order to complete the application, the
subdivision's environmental document needs to be amended to
address annexation to the County Service Area. The revised
application, including the addendum to the Mitigated Negative
Declaration, will be submitted to the Local Agency Formation
Commission - action requested - ADOPT THE ADDENDUM TO THE
MITIGATED NEGATIVE DECLARATION FOR THE SIERRA MOON TENTATIVE
SUBDIVISION MAP #03-O1 (STEPHEN J. SCHUSTER); AND AUTHORIZE
THE CHAIR TO SIGN THE LOCAL AGENCY FORMATION COMMISSION
APPLICATION.
MINUTES
PAGE 9 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -OCTOBER 11, 2005
0519-002 33. Hewlett Packard - approval is requested for a sole source
agreement with Hewlett Packard for hardware support of
equipment that runs the California Law Enforcement
Telecommunications System. The term of the agreement is
October 1, 2005, through September 30, 2006, with a maximum
amount payable of $7,152 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X15747)
34. Advanced Step Hire - approval is requested for the advanced
step hire of a Deputy Sheriff candidate to Step 3 of the
salary range, based on education and experience, retroactive
to September 10, 2005. The Director-Human Resources concurs
with the request - action requested - APPROVE ADVANCED STEP
HIRE OF DEPUTY SHERIFF TO STEP 3 OF THE SALARY RANGE,
RETROACTIVE TO SEPTEMBER 10, 2005, AS DETAILED IN THE AGENDA
REPORT.
35. Monthly Investment Report - submitted is the Monthly
Investment Report dated August 31, 2005, in accordance with
the Statement of Investment Policy dated July 1, 2005 -
action requested - ACCEPT FOR INFORMATION.
36. Resolution Proclaiming October 2005 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 05-133 AND AUTHORIZE THE CHAIR TO SIGN.
37. Emergency Medical Care Committee - action requested -
REAPPOINT RICHARD PRICE, AGRICULTURAL COMMISSIONER
REPRESENTATIVE, AND APPOINT STACY SIMPSON, MOBILE INTENSIVE
CARE NURSE REPRESENTATIVE, TO TERMS TO END JUNE 30, 2008.
(154)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.15 REMOVED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CHAIR YAMAGUCHI PRESENTED A RESOLUTION IN CELEBRATION OF FARM CITY
CELEBRATION TO TOD KIMMELSHUE AND JAMIE WOODS, BUTTE COUNTY FARM
BUREAU, AND RICHARD PRICE, AGRICULTURAL COMMISSIONER.
CHAIR YAMAGUCHI PRESENTED A RESOLUTION IN RECOGNITION OF DOMESTIC
VIOLENCE AWARENESS MONTH TO NIKOLE HILGEMAN, CATALYST DOMESTIC
VIOLENCE SERVICES.
MINUTES
PAGE 10
OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -OCTOBER 11, 2005
REGULAR AGENDA
0519-003 Boards, Commissions and Committees. (391)
1. Appointments to Listed Vacancies. (NONE)
2. Board Member or Committee Reports.
CHAIR YAMAGUCHI REPORTED ON THE MOST RECENT SIERRA NEVADA
CONSERVANCY SUBREGION MEETING.
0519-004 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (423) PAUL MCINTOSH REPORTED THAT THE
CALIFORNIA LEGISLATURE IS CURRENTLY IN RECESS AND THE FEDERAL
GOVERNMENT IS WORKING ON ADDRESSING DISASTERS, SO THERE IS NO NEW
LEGISLATIVE INFORMATION. MR. MCINTOSH ALSO REPORTED THAT THE
CHIEF ADMINISTRATIVE OFFICE RESPONDED TO A REQUEST BY THE WESTERN
COUNTIES ALLIANCE TO ENDORSE THEIR MEETING WITH THE PRESIDENT TO
DISCUSS REDUCTION OR ELIMINATION OF PROPERTY IN LIEU OF TAX
PAYMENTS TO RURAL COUNTIES.
0519-005 Adoption of an Ordinance Requiring Solid waste Removal and
Disposal From All Residential Rental Properties - consideration of
an ordinance amending Chapter 31 of the Butte County Code relating
to mandatory garbage service for rental housing, and amending
Chapter 49 of the Butte County Code relating to landlord
responsibility for illegal dumping by tenants. The ordinance
would establish mandatory garbage service for any residential
rental unit and impose equal responsibility for abatement costs on
landlord and tenants for garbage illegally dumped by a tenant when
the landlord does not supply regular garbage disposal service -
action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 9-27-05 [4.05] ) (460)
MOTION: I MOVE TO ADOPT ORDINANCE 3914 AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0519-006 A Matter on which a Public Hearing Has Been Held and a Motion of
Intent Adopted - Brent and Debbie Sobrero Tentative Parcel Map
Appeal - on April 12, 2005, the Board adopted a motion of intent
to uphold an appeal of the Planning Commission's denial of a
Tentative Parcel Map to divide a 40-acre parcel into two 20-acre
parcels. The project site is located on the north side of Clear
Creek Cemetery Road, approximately one mile east of Clark Road
(State Highway 191) approximately 5 miles south of Paradise, and
identified as APN 041-110-135 (MM [TPM 04-07]) - action
requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-F) AS DETAILED IN THE STAFF REPORT
DATED OCTOBER 11, 2005, GRANT THE APPEAL AND APPROVE THE
REQUEST TO REDUCE THE 300-FOOT RESIDENTIAL DWELLING SETBACK
ON THE WESTERN BOUNDARY ON PROPOSED PARCELS 1 AND 2;
MINUTES
PAGE 11
OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 11, 2005
0519-006 2. SUBJECT TO FINDINGS II(A-D) AS DETAILED IN THE STAFF REPORT
DATED OCTOBER 11, 2005, ADOPT A MITIGATED NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS; AND
3. SUBJECT TO FINDINGS III(A-F) AS DETAILED IN THE STAFF REPORT
DATED OCTOBER 11, 2005, AND THE CONDITIONS OF APPROVAL,
IDENTIFIED AS EXHIBIT "B" OF THE STAFF REPORT DATED
OCTOBER 11, 2005, APPROVE TENTATIVE PARCEL MAP 04-07 FOR
DEBBIE AND BRENT SOBRERO. (FROM 4-12-05 [5.01])
BOARD DIRECTION TO STAFF TO CONTINUE THIS MATTER TO
NOVEMBER 8, 2005, TO ALLOW STAFF TIME TO RECIRCULATE THE
ENVIRONMENTAL DOCUMENTS.
0519-007 Items Removed from the Consent Agenda for Board Consideration and
Action. (2223)
1. Williamson Act Agreements - Landowner Notification Letters -
approval is requested by the Butte County Land Conservation
Act Advisory Committee, to direct the Department of
Development Services to send to all County landowners subject
to Williamson Act contracts, a letter which discloses to the
landowner that their property is subject to a Williamson Act
contract and provides information concerning compliance with
that contract. This is an informational letter intended to
educate landowners about Williamson Act contracts and the
consequences of non-compliance with the contract's terms -
action requested - APPROVE LETTER AND DIRECT THE DEPARTMENT
TO SEND LETTERS TO ALL COUNTY LANDOWNERS SUBJECT TO
WILLIAMSON ACT CONTRACTS.
MOTION: I MOVE TO APPROVE THE LETTER AND DIRECT THE DEPARTMENT TO SEND
LETTERS TO ALL COUNTY LANDOWNERS SUBJECT TO WILLIAMSON ACT
CONTRACTS, AND FURTHER MOVE TO DIRECT STAFF THAT THE ISSUE OF
ELIMINATION OF MINING OPERATIONS AS A PERMITTED USE UNDER A
CONTRACT BE RETURNED TO THE LAND CONSERVATION ACT COMMITTEE TO
DISCUSS HOW TO DEAL WITH THIS CHANGE AT THE COUNTY LEVEL AND HOW
TO FURTHER INFORM AFFECTED LANDOWNERS THAT HAVE MINING USES OF THE
CHANGES AND POSSIBLE ACTIONS AVAILABLE TO THEM.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:27 A.M.
RECONVENE : 10:4 5 A . M .
MINUTES PAGE 12 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 11, 2005
PUBLIC HEARINGS AND TIMED ITEMS
0519-008 Continued Public Hearing - Tentative Parcel Map Appeal - Sefcik
Family Trust - consideration of an appeal of specific conditions
of approval of a proposed Negative Declaration with mitigation
measures regarding environmental impacts and a Tentative Parcel
Map to divide a 16.25 acre parcel into three parcels for
residential use on property zoned TM-5 (Timber Mountain - 5 acre
parcels) and located on the north side of Starlight Drive,
approximately 1,300 feet northeast of Schott Road in the Forest
Ranch area and identified as APN 056-280-065 (MM [T PM 05-04] ) -
action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING
ACTIONS:
1. SUBJECT TO FINDING I AS DETAILED IN THE AGENDA REPORT DATED
OCTOBER 11, 2005, UPHOLD THE APPEAL OF CONDITION #12,
REVISING THE CUL-DE-SAC DESIGN TO A HAMMERHEAD "T" VEHICLE
TURN AROUND AREA AS DETAILED IN THE STAFF REPORT DATED
OCTOBER 11, 2005;
2. SUBJECT TO FINDING II AS DETAILED IN THE AGENDA REPORT DATED
OCTOBER 11, 2005, DENY THE APPEAL OF CONDITION # 13; AND
3. SUBJECT TO FINDING III AS DETAILED IN THE STAFF REPORT DATED
OCTOBER 11, 2005, REVISE CONDITION #11 TO PROVIDE A MINIMUM
OF 4" CLASS 2 AGGREGATE BASE OVER THE EXISTING INTERSECTION
OF STARLIGHT DRIVE AND WAGON ROAD AS DETAILED IN THE AGENDA
REPORT DATED OCTOBER 11, 2005. (FROM 8-16-05 [5.01])
(3045) (**00)
PUBLIC HEARING OPENED: 10:45 A.M.
PUBLIC HEARING CLOSED: 11:41 A.M.
MOTION: SUBJECT TO FINDING I AS DETAILED IN THE AGENDA REPORT DATED
OCTOBER 11, 2005, I MOVE TO UPHOLD THE APPEAL OF CONDITION #12,
REVISING THE CUL-DE-SAC DESIGN TO A HAMMERHEAD "T" VEHICLE TURN
AROUND AREA AS DETAILED IN THE STAFF REPORT DATED
OCTOBER 11, 2005; SUBJECT TO FINDING II AS DETAILED IN THE AGENDA
REPORT DATED OCTOBER 11, 2005, DENY THE APPEAL OF CONDITION # 13;
AND SUBJECT TO FINDING III AS DETAILED IN THE STAFF REPORT DATED
OCTOBER 11, 2005, REVISE CONDITION #11 TO READ AS DETAILED IN THE
MEMORANDUM FROM STUART EDELL, MANAGER, LAND DEVELOPMENT DIVISION,
PUBLIC WORKS, DATED OCTOBER 5, 2005, TO PROVIDE A MINIMUM OF 4"
CLASS 2 AGGREGATE BASE OVER THE EXISTING INTERSECTION OF STARLIGHT
DRIVE AND WAGON ROAD.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MINUTES
PAGE 13 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -OCTOBER 11, 2005
0519-009 Continued Public Hearing - Tentative Parcel Map Appeal - Kelly
Brown - consideration of an appeal of a denial of a Tentative
Parcel Map to divide a 12.69 acre parcel into two 6.35 acre
parcels on property zoned A-5 (Agricultural - 5 acre parcels) and
located on the west side on Jones Avenue, extending
northerly 2,040 feet from the intersection of Bell Road, in the
Chico area, and identified as APN 042-770-032 (CD [TPM 05-03]) -
action requested - AT THE REQUEST OF THE APPLICANT, CONTINUE
MATTER TO A UNSPECIFIED DATE TO ALLOW APPLICANT ADDITIONAL TIME TO
RESOLVE OUTSTANDING BUSINESS AND PLANNING ISSUES. (FROM 8-16-05
[5.03]) (**1633)
PUBLIC HEARING RECONVENED: 11:44 A.M.
PUBLIC HEARING CLOSED: 11:45 A.M.
MOTION: I MOVE TO APPROVE THE REQUEST AND CONTINUE THE ITEM OFF THE AGENDA
TO AN UNDETERMINED TIME TO ALLOW THE APPLICANT ADDITIONAL TIME TO
RESOLVE OUTSTANDING ISSUES.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PUBLIC COMMENT
0519-010 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. (**1792)
1. HOWARD AND VALERIE LEWENDELL ADDRESSED THE BOARD TO STATE
THAT BECAUSE OF THE TIME IT TOOK TO GET THEIR PROJECT
APPROVED, THEY HAVE DECIDED TO MOVE BACK TO SOUTHERN
CALIFORNIA, AND ASKED WHY IT IS GOING TO TAKE SO LONG TO GET
A REFUND OF THE FEES THEY PAID.
BOARD DIRECTION TO MR. MCINTOSH TO EXPEDITE THEIR REFUND.
2. DAVID PALMERLEE ADDRESSED THE BOARD TO THANK THE BOARD FOR
ADHERING TO THE RULES TODAY WHEN CONSIDERING THE LAND PARCEL
SPLIT EARLIER ON THE AGENDA.
0519-O11 CLOSED SESSION
RECESS: RECESSED AT 11:54 A.M. TO A CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(c) TWO POTENTIAL CASES;
AND A CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) MARSHALL V. COUNTY OF BUTTE
(BUTTE COUNTY SUPERIOR COURT CASE NO. 134269).
(**2134)
MINUTES
PAGE 14
OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 11, 2005
0519-O11 RECONVENE: RECONVENED AT 1:34 P.M. FROM A CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(c) TWO POTENTIAL CASES;
AND A CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) MARSHALL V. COUNTY OF BUTTE
(BUTTE COUNTY SUPERIOR COURT CASE NO. 134269).
(***00) (NO ANNOUNCEMENTS)
PUBLIC HEARING AND TIMED ITEMS
0519-012 Public Hearing - Ophir Road and Lincoln Boulevard Signalization
Project - Butte County Project Number 21461-98-2 - Mitigated
Negative Declaration Regarding Environmental Impacts -
consideration of a Mitigated Negative Declaration regarding
environmental impacts for the intersection signalization project
at Ophir Road and Lincoln Boulevard, approximately 4 miles east of
State Route 70, and 3.5 miles south of the City of Oroville -
action requested - STAFF IS RECOMMENDING THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE AGENDA REPORT
DATED SEPTEMBER 27, 2005, ADOPT A MITIGATED NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS FOR THE OPHIR
ROAD AND LINCOLN BOULEVARD INTERSECTION SIGNALIZATION PROJECT
(PROJECT NUMBER 21461-98-2) AND AUTHORIZE THE CHAIR TO SIGN;
2. ADOPT A "DE MINIMUS" EXEMPTION REGARDING IMPACTS TO FISH AND
WILDLIFE OR THEIR HABITAT, FINDING THAT THE DESIGN OF THE
PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL
DAMAGE TO FISH AND WILDLIFE OR THEIR HABITAT WITH THE
IMPLEMENTATION OF PROPOSED MITIGATION MEASURES AS A
SAFEGUARD, AND THAT THE COLLECTION OF FEES PURSUANT TO FISH
AND GAME CODE SECTION 711.4 AND 14 CCR 753.5 IS NOT REQUIRED
BECAUSE 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 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
MINUTES
PAGE 15 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 11, 2005
0519-012 3. ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM AND
DIRECT THE PUBLIC WORKS DEPARTMENT TO MAKE THE MITIGATION
MONITORING AND REPORTING PROGRAM A PART OF THE REQUIREMENTS
FOR THE PROJECT. (***14)
PUBLIC HEARING OPENED: 1:34 P.M.
RECESS: 1:35 P.M.
RECONVENE : 1: 5 3 P. M.
PUBLIC HEARINGS AND TIMED ITEMS
0519-012 Public Hearing - Ophir Road and Lincoln Boulevard Signalization
Project - Butte County Project Number 21461-98-2 - Mitigated
Negative Declaration Regarding Environmental Impacts -
consideration of a Mitigated Negative Declaration regarding
environmental impacts for the intersection Signalization project
at Ophir Road and Lincoln Boulevard, approximately 4 miles east of
State Route 70, and 3.5 miles south of the City of Oroville -
action requested - STAFF IS RECOMMENDING THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE AGENDA REPORT
DATED SEPTEMBER 27, 2005, ADOPT A MITIGATED NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS FOR THE OPHIR
ROAD AND LINCOLN BOULEVARD INTERSECTION SIGNALIZATION PROJECT
(PROJECT NUMBER 21461-98-2) AND AUTHORIZE THE CHAIR TO SIGN;
2. ADOPT A "DE MINIMUS" EXEMPTION REGARDING IMPACTS TO FISH AND
WILDLIFE OR THEIR HABITAT, FINDING THAT THE DESIGN OF THE
PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL
DAMAGE TO FISH AND WILDLIFE OR THEIR HABITAT WITH THE
IMPLEMENTATION OF PROPOSED MITIGATION MEASURES AS A
SAFEGUARD, AND THAT THE COLLECTION OF FEES PURSUANT TO FISH
AND GAME CODE SECTION 711.4 AND 14 CCR 753.5 IS NOT REQUIRED
BECAUSE 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 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
MINUTES
PacE 16 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -OCTOBER 11, 2005
0519-012 3. ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM AND
DIRECT THE PUBLIC WORKS DEPARTMENT TO MAKE THE MITIGATION
MONITORING AND REPORTING PROGRAM A PART OF THE REQUIREMENTS
FOR THE PROJECT. (***97)
PUBLIC HEARING CLOSED: 2:06 P.M.
MOTION: SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE REVISED STAFF REPORT
DATED OCTOBER 6, 2005, I MOVE TO ADOPT A MITIGATED NEGATIVE
DECLARATION FOR THE OPHIR ROAD AND LINCOLN BOULEVARD INTERSECTION
SIGNALIZATION PROJECT AND AUTHORIZE THE CHAIR TO SIGN; FIND THAT
THE DESIGN AND LOCATION OF THE PROPOSED PROJECT IMPROVEMENTS DOES
NOT HAVE THE POTENTIAL TO SIGNIFICANTLY IMPACT SWAINSON'S HAWK
HABITAT, AS DETERMINED BY THE CALIFORNIA DEPARTMENT OF FISH AND
GAME, AND DIRECT THE COLLECTION OF FEES PURSUANT TO FISH AND GAME
CODE SECTION 711.4 AND 14 CCR 753.5; AND FURTHER MOVE TO ADOPT A
MITIGATION MONITORING AND REPORTING PROGRAM AND DIRECT THE PUBLIC
WORKS DEPARTMENT TO MAKE THE MITIGATION MONITORING AND REPORTING
PROGRAM A PART OF THE REQUIREMENTS FOR THE PROJECT.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5Y (Unanimously Carried)
ADJOURr7rIENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 2:07 P.M. TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, OCTOBER 25, 2005, AT 9:00 A.M.
KIM K. YAMAGUCHI, CHAIR
ATTEST:
Paul McIntosh, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
MINUTES
PAGE 17
OCTOBER 11, 2005