HomeMy WebLinkAboutM102709
BCBS
UTTEOUNTYOARD OF UPERVISORS
M
INUTES
O27,2009
CTOBER
County Supervisors
Bill Connelly, District 1
Jane Dolan, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Kim Yamaguchi, District 5
Gregory G. Iturria, Interim Chief Bruce Alpert, County Counsel
Administrative Officer and
Clerk of the Board
BCBSM-O27,2009
UTTEOUNTY OARD OF UPERVISORS INUTESCTOBER
Called to order at 9:02 a.m. in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Dolan, Kirk, Lambert, Yamaguchi, and Chair
Connelly. Also present: Gregory G. Iturria, Interim Chief
Administrative Officer; Bruce Alpert, County Counsel and Kathleen
Moghannam, Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
C/CA.
(None)
ORRECTIONS ANDORHANGES TO THE GENDA
CA
ONSENTGENDA
0926-0011.California Counties Mental Health Services Authority
(CCMHSA) - The California Mental Health Directors Association
has developed this Joint Powers Authority (JPA) in order to
combine resources and efforts to perform administrative
requirements and duties related to five statewide Mental
Health Services Act Prevention and Early Intervention
Projects. The CCMHSA had an initial membership of the
following seven counties: Colusa, Humboldt, Monterey, San
Bernadino, San Luis Obispo, Solano, and Stanislaus. Approval
is requested to allow the Butte County Department of
Behavioral Health (BCDBH) to enter into the CCMHSA in order
to jointly develop and fund mental health services and
educational programs. The cost for Butte County to join the
JPA is $500. It is also requested the Board appoint the
Director of Behavioral Health as Butte County’s delegate and
grant the Director authority to designate an alternate -
action requested - ADOPT RESOLUTION 09-154 APPROVING
MEMBERSHIP AND APPOINTMENT OF DIRECTOR OF BEHAVIORAL HEALTH
TO ACT AS DELEGATE AND AUTHORIZE THE CHAIR TO SIGN.
(Behavioral Health)
2.Best, Best, & Krieger - amendment - approval is requested for
an amendment to the agreement with Best, Best, & Krieger for
the provision of legal services related to administrative
appeals and other areas requiring legal services. The
amendment increases the maximum amount payable by $10,064.74
(department budget). All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health)
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3.Northern Valley Catholic Social Services (NVCSS) -
amendment - approval is requested for an amendment to the
agreement with NVCSS for the provision of the Parent Partner
component of the Connecting Circles of Care Program. The
amendment increases the maximum amount payable by $88,612.10
(unexpended grant funds from FY 08/09). All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
APPROVE RELATED BUDGET TRANSFER (4/5 vote required) ACCEPTING
AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
(Behavioral Health)
4.Skyway House - amendment - approval is requested for an
amendment to the agreement with Skyway House for the
provision of Long-Term Residential Recovery Services, Day
Care Habilitative Services, and the Alcohol and Drug Free
Housing for eligible residents referred by the department.
The amendment increases the maximum amount payable by
$61,145.23 (department budget utilizing grant funds). All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Behavioral Health)
5.Fixed Asset Purchase - approval is requested for the purchase
of computer/server system imaging solution with support and
associated software. This system will be utilized to
minimize computer/server systems downtime due to hardware
systems failure. The estimated cost is $20,000 - action
requested - APPROVE THE FIXED ASSET PURCHASE OF
COMPUTER/SERVER SYSTEMS IMAGING SOLUTION IN THE AMOUNT OF
$20,000; AND APPROVE BUDGET TRANSFER ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
(Behavioral Health)
6.Farrell Design Group - approval is requested for an agreement
with Farrell Design Group for the design, production, and
printing of a brochure and report to be used to increase
public awareness of the programs and services provided by
Butte County Department of Behavioral Health. The
publications will be distributed to the general public,
specifically targeting mental health consumers and other
agencies that provide services - action requested - APPROVE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral
Health)
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7.Accept Unanticipated Revenue - approval is requested to
accept $53,670 from the U.S. Department of Housing and Urban
Development for permanent housing assistance for homeless
individuals - action requested - APPROVE BUDGET TRANSFER (4/5
vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
FUNDS AS DETAILED IN THE AGENDA REPORT. (Behavioral Health)
8.Substance Abuse & Crime Prevention Act (SACPA/Proposition 36)
Funding Elimination - Pursuant to the elimination of
Proposition 36 funding in the State Fiscal Year (FY)
2009/2010 Budget, approval is requested to reduce $682,014
in SACPA funds from the department’s FY 09/10 budget. SACPA
provided funding to cover the costs of drug treatment,
probation supervision, vocational training, family
counseling, and literacy training - action requested -
APPROVE BUDGET ADJUSTMENT (4/5 vote required) AS DETAILED IN
THE AGENDA REPORT. (Behavioral Health)
9.Approval of Minutes - action requested - APPROVE MINUTES OF
OCTOBER 20, 2009. (Chief Administrative Office)
10.Proposition 1A Securitization Program - consideration of a
resolution approving the form of and authorizing the
execution and delivery of a purchase and sale agreement with
respect to the sale of the seller’s Proposition 1A
Receivables. Proposition 1A was passed by California voters
in 2004 to ensure local property tax and sales tax revenues
remain with local government to help fund public safety,
health, libraries, parks, and other local services. An
emergency suspension of Proposition 1A was passed by the
State Legislature in July 2009. The Proposition 1A
Securitization Program was instituted to enable local
agencies to sell their respective Proposition 1A Receivables
to California Communities. The purchase price will equal
100% of the amount of the property tax reduction and all
transaction costs of issuance and interest will be paid by
the State - action requested - ADOPT RESOLUTION 09-155 AND
AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office)
11.Lumos & Associates - approval is requested for an agreement
with Lumos & Associates to perform a Wastewater Study in the
community of Palermo. A Request for Proposal (RFP) was sent
to fifty-three firms. Four proposals were submitted. Lumos
& Associates was chosen with a bid of $66,500. This study
will be funded 100% with Community Development Block Grant
funds. The term of the agreement is October 28, 2009 through
May 8, 2010 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Chief Administrative
Office)
12.State Community Development Block Grant (CDBG) Micro-
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Enterprise Activities - approval is requested to accept and
appropriate $300,000 in funds received for the Butte County
Micro-Enterprise Business Assistance Program. Approval is
also requested for an exhibit to the Master Subrecipient
Agreement with 3Core (formally Tri-County EDC) which was
originallyimplemented in February 2001 to provide staff
services related to the CDBG program. The exhibit provides
for administration and implementation of the current grant -
action requested - APPROVE BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN
THE AGENDA REPORT; AND APPROVE EXHIBIT 32 TO THE MASTER
SUBRECIPIENT AGREEMENT. (Chief Administrative Office)
13.Expert Witness Fees - approval is requested for the payment
of expert witness services in the amount of $1,091.70
(department budget). Perinatal & Pediatric Specialists
Medical Group, Inc. was utilized in a criminal case, but due
to the nature of the crime and time constraints, the
department was not able to go through the administrative
procedures set up for the payment of expert witnesses -
action requested - AUTHORIZE PAYMENT OF INVOICE IN THE
AMOUNT OF $1,091.70 FOR EXPERT WITNESS SERVICES. (District
Attorney)
14.Resolution Approving the Application for an American
Recovery & Reinvestment Act (ARRA) 1% Loan - consideration
of a resolution to approve the submittal of an application
for an energy efficiency loan not to exceed $200,000 from the
California Energy Commission. The loan will be used for the
replacement of a boiler which is a key component of the HVAC
system at 25 County Center Drive and must be repaid from
energy cost savings within thirteen years using simple
interest calculations - action requested - 1) FIND THE
ACTIVITIES FUNDED UNDER THIS LOAN ARE CATEGORICALLY EXEMPT
PURSUANT TO SECTION 15301 OF THE CEQA GUIDELINES; 2) ADOPT
RESOLUTION 09-156 AND AUTHORIZE THE CHAIR TO SIGN; AND 3)
AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO EXECUTE ALL
NECESSARY DOCUMENTS RELATED TO THE LOAN. (General Services)
15.Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows:
ASSESSOR - requests to add one term position of Assessment
Clerk. This position was eliminated in the 2009-2010 budget
process. Organizational changes have created existing salary
savings to fund this position through June 30, 2010. This
change will increase the total allocations in the department
from 38 to 39.
BEHAVIORAL HEALTH - requests to delete one position of Mental
Health Clinician/Mental Health Clinician Intern and requests
to add one position of Certified Nurse
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Practitioner/Physician’s Assistant. The new position will
allow for greater flexibility in the department and increased
medical care. These changes will leave the total allocations
in the department unchanged at 281.75 - action requested -
ADOPT RESOLUTION 09-157 AND AUTHORIZE THE CHAIR TO SIGN.
(Human Resources)
16.Delta Dental of California - amendment - approval is
requested for an amendment to the agreement with Delta Dental
of California. The term of the amendment is January 1, 2009
through December 31, 2009. This amendment reflects changes
in monthly premium payments for all County Enrollees and
their dependents - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Human Resources)
17.Interoperable Emergency Communications Grant Program
(IECGP) - approval is requested to accept and appropriate
$358,719 in unanticipated revenue received as a result of the
redistribution of Fiscal Year 2008 IECGP funds. Approval is
also requested for an amendment to the agreement with North
Highland for the provision of an emergency services planning
consultant for a Northern Planning Area Interoperability
Assessment. The amendment increases the maximum amount
payable by $535,992 ($298,992 from FY08 IECGP and $237,000
from FY09 IECGP) and amends the original scope of work -
action requested - APPROVE BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS
DETAILED IN THE AGENDA REPORT; AND APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Information
Systems)
18.Public Health Emergency Preparedness Grant - approval is
requested for a revenue agreement with the California
Department of Public Health to provide funding for Public
Health Emergency Preparedness. The maximum amount receivable
is $906,989 for varied terms ranging from July 1, 2009
through July 30, 2010 depending on the program. The
following programs are funded by this grant: Centers for
Disease Control and Prevention Emergency Preparedness, the
Hospital Preparedness Program (HPP), the State Pandemic
Influenza program, and the H1N1 HPP - action requested -
APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
APPROVE RELATED BUDGET TRANSFER (4/5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE
AGENDA REPORT. (Public Health)
19.Resolution Authorizing Local Government Agency (LGA)
Coordinator - consideration of a resolution authorizing an
LGA Coordinator for oversight of the Targeted Case Management
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(TCM) services in Butte County. The resolution authorizes
the LGA coordinator, or designee, to execute documents
necessary for the implementation of the TCM - action
requested - ADOPT RESOLUTION 09-158 AND AUTHORIZE THE CHAIR
TO SIGN. (Public Health)
20.Resolution Authorizing Acceptance of Funds from State Water
Resources Control Board (SWRCB) - approval is requested to
accept and appropriate $100,000 in unanticipated revenue from
the SWRCB which will be used for the repair of an underground
storage tank site at 153505 Skyway in De Sabla. As part of
the Pre-Letter of Award, it is required a Grantee
Representative is designated - action requested - 1) APPROVE
BUDGET TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; 2)
DESIGNATE THE ENVIRONMENTAL HEALTH DIRECTOR OR DESIGNEE AS
GRANTEE REPRESENTATIVE; AND 3)ADOPT RESOLUTION 09-159 AND
AUTHORIZE THE CHAIR TO SIGN. (Public Health)
21.Adoption of an Ordinance Establishing Speed Limits on Certain
Roads Within Butte County - In response to citizens’ concerns
regarding the speed on Keefer Road from Hicks Lane to
Cohasset Road, the department has performed a speed study and
Engineering & Traffic Survey. Based on these findings, it
is recommended that the speed limit be changed from 35 mph
to 45 mph - action requested - - action requested - ADOPT
ORDINANCE 4008 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 10-13-
2009 [Item 3.23])(Public Works)
22.Contract Change Order for the Construction of the Aguas Frias
Road Bridge across Butte Creek, County Project No. 23201-95-
1 – approval is requested for this change order which
provides for increased funding for the placement of 767.61
metric tons of Hot Mix Asphalt and for the adjustment of the
back wall dimensions. This contract change order results in
an overall increase to the contract of $80,922.95. The
construction portion of this project is 88.53% reimbursable
through the Federal Highway Bridge Program (HBP), and the
remaining 11.47% is reimbursable through the State
Transportation Improvement Program. There is sufficient
funding in the department’s budget to cover the increase –
action requested - APPROVE CONTRACT CHANGE ORDER AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Public Works)
23.Butte Regional Waste Management Authority Formation
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Agreement - amendment - approval is requested for this
amendment showing the current membership of the Butte
Regional Waste Management Authority. The member
jurisdictions are now: The City of Biggs, The City of
Gridley, and the County of Butte - action requested - APPROVE
AGREEMENTAMENDMENT AND AUTHORIZE CHAIR TO SIGN. (Public
Works)
24.Notice of Completion - Excavation of Module 4, Phase D at
the Neal Road Recycling and Waste Facility, County Project
No. 757-5916 - All contract work has been completed in
accordance with the plans and specifications - action
requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN
THE NOTICE OF COMPLETION; AND AUTHORIZE THE RECORDING OF THE
NOTICE OF COMPLETION.(Public Works)
25.Monthly Investment Report - Submitted is the monthly
investment report dated September 30, 2009, in accordance
with Butte County Statement of Investment Policy dated July
1, 2009 - action requested - ACCEPT FOR INFORMATION.
(Treasurer-Tax Collector)
26.Resolution Recognizing November 2009 as National Adoption
Month - action requested - ADOPT RESOLUTION 09-160 AND
AUTHORIZE THE CHAIR TO SIGN. (Other Departments and Agencies)
MOTION:I MOVE TO ADOPT THE CONSENT AGENDA.
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0926-002Boards, Commissions and Committees.
1.Appointments to Listed Vacancies. (NONE)
2.Board Member or Committee Reports.
SUPERVISOR YAMAGUCHI REPORTED ON A STEWARDSHIP COUNCIL MEETING,
SUPERVISOR KIRK REPORTED HER ATTENDANCE AT THE BUTTE COUNTY 4H
AWARDS CEREMONY.
SUPERVISOR KIRK REPORTED ON HER ATTENDANCE AT A NEIGHBORHOOD
MEETING IN CHICO ON NITRATE PROJECT. SHE REPORTED THAT THERE WERE
APPROXIMATELY 200 PEOPLE AT THE MEETING.
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0926-003Update on Current Budget and Legislative Issues by the Chief
Administrative Officer.
GREGORY G. ITURRIA, INTERIM CHIEF ADMINISTRATIVE OFFICER ASKED
CATHI GRAMS, DIRECTOR OF EMPLOYMENT AND SOCIAL SERVICES TO
INTRODUCE HER NEW ASSISTANT DIRECTOR OF CHILDREN AND ADULT
SERVICES, ARLENE HOSTETTER.
0926-004Update of General Plan 2030 Process by Director-Development
Services.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED AN UPDATE
OF GENERAL PLAN 2030.
0926-005Update Regarding Upcoming Butte County Code Amendments.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED AN
UPDATED OF UPCOMING CODE AMENDMENTS.
0926-006Fiscal Year 2008/2009 End of Year Financial Report - submitted is
the FY 08/09 Year End Report which provides summary information of
the fiscal year end analysis, noting State budget impacts, cash
flow challenges, the economy, and the future fiscal outlook for
Butte County. The report reviews recent fiscal challenges and
outcomes, and describes future challenges by extrapolating current
trends and recognizing present risks - action requested - ACCEPT
THE FISCAL YEAR 2008/2009 YEAR END REPORT. (Chief Administrative
Office)
GREGORY G. ITURRIA, INTERIM CHIEF ADMINISTRATIVE OFFICER PROVIDED
A REPORT TO THE BOARD.
MR. ITURRIA ANSWERED QUESTIONS OF THE BOARD.
RUDY JENKINS AND MELISSA ROMERO ADDRESSED THE BOARD.
SHERIFF PERRY RENIFF ADDRESSED THE BOARD.
THE BOARD PROVIDED DIRECTION TO THE CHIEF ADMINISTRATIVE OFFICER
TO PROVIDE A COMPREHENSIVE REPORT THAT DETAILS THE ALL DESIGNATED
FUND BALANCES AND RESTRICTED FUNDS WITHIN EACH BUTTE COUNTY
DEPARTMENT.
RECESS:10:14 A.M.
RECONVENE:10:31 A.M.
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UBLICEARINGS AND IMEDTEMS
0926-007Timed Item - A Matter on Which a Public Hearing Has Been Held and
Closed - On July 21, 2009 the Board of Supervisors heard an appeal
of Planning Commission’s Denial of Certificate of Correction
application COR07-0002 to remove a note on Lot 28 of the Sierra
Foothills #2 Subdivision map, Zinfandel Drive, recorded February
6, 1986 in Book 100, Pages 83 and 84. The Board directed staff to
analyze the comments and materials submitted during public hearing
and to provide a recommendation. This item was included on the
August 25, 2009 Board of Supervisors agenda, but at the request of
the applicant, the Board continued the matter closed to October
27, 2009 to allow the applicant time to review the agenda report
and resolution. Staff recommends denial of this appeal - action
requested - ADOPT RESOLUTION 09-161 WITH FINDINGS DENYING THE
APPEAL. (Department of Development Services)
CHUCK THISTLETHWAITE, MANAGER OF PLANNING DIVISION PROVIDED A
REPORT TO THE BOARD.
MR. HAYS ADDRESSED THE BOARD.
MOTION:I MOVE TO ADOPT A RESOLUTION WITH FINDINGS DENYING THE APPEAL.
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0926-008Public Hearing - Appeal of Planning Commission’s Condition of
Approval for Use Permit UP07-0007 - consideration of an appeal to
modify Condition of Approval #20 by removing the requirement to
construct a curb, gutter and sidewalk along the Railroad Avenue
frontage of the project. The project is located east of Railroad
Avenue, 0.14-miles south of the Railroad Avenue and Kusel Road
intersection, near the city of Oroville (APN 078-030-013). Staff
recommends denial of the appeal - action requested - ADOPT
RESOLUTION 09-162 DENYING THE APPEAL AND UPHOLDING THE PLANNING
COMMISSION’S CONDITION OF APPROVAL #20.
CHUCKTHISTLETHWAITE, MANAGER OF PLANNING DIVISION PROVIDED A
REPORT TO THE BOARD.
CALLUM CALLAHAN ADDRESSED THE BOARD.
PUBLIC HEARING OPENED:10:54 A.M.
PUBLIC HEARING CLOSED:10:58 A.M.
MOTION:I MOVE TO MAKE A MOTION OF INTENT TO UPHOLD THE APPEAL REGARDING
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PLANNING COMMISSION’S CONDITION OF APPROVAL #20 WITH THE FOLLOWING
FINDINGS: 1) THE PROJECT LOCATION ADJOINS OTHER PROPERTIES OF
EXISTING USES THAT DO NOT HAVE CURB, GUTTER, OR SIDEWALK; 2) THERE
IS NO CURRENT STORM DRAINAGE PLAN; 3) THE PROJECT AREA IS ISOLATED
FROM OTHER TYPES OF USES; AND 4) THERE HAVE BEEN NO PERMANENT
IMPROVEMENT TO THE PARCEL. THERE IS ONLY A TEMPORARY BUILDING WITH
NO FOUNDATION.
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0926-009Public Hearing - Zoning Code Amendment (ZCA09-0002) - Residential
Generator Noise - consideration of an ordinance establishing
standards for noise from residential generators. The standards
would apply to the operation of residential generators in all areas
of the unincorporated portion of Butte County outside of the area
of applicability for Standards for Limited Density Owner-Built
Rural Dwellings. The proposed ordinance requires that noise
produced by residential generators shall not exceed 55 decibels at
or outside the originating property line. The proposed ordinance
would be enforced through the County’s Code Enforcement Process -
action requested - FIND THE PROPOSED ZONING CODE AMENDMENT EXEMPT
FROM ENVIRONMENTAL REVIEW UNDER CEQA PURSUANT TO SECTION 15308 OF
THE CEQA GUIDELINES; AND ADOPT ORDINANCE 4009 AND AUTHORIZE THE
CHAIR TO SIGN.
PRESENTATION BY CLAUDIA STUART, PRINCIPAL PLANNER FOR DEVELOPMENT
SERVICES.
MICHELLE AND WAYNE DEESE ADDRESSED THE BOARD.
PUBLIC HEARING OPENED: 11:12 A.M.
PUBLIC HEARING CLOSED: 11:17 A.M.
MOTION:I MOVE TO FIND THE PROPOSED ZONING CODE AMENDMENT EXEMPT FROM
ENVIRONMENTAL REVIEW UNDER CEQA PURSUANT TO SECTION 15308 OF THE
CEQA GUIDELINES; AND ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO
SIGN.
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0926-010Public Hearing - Zoning Code Amendment (ZCA09-0001) - Outdoor
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Lighting in Residential Areas - consideration of an ordinance
establishing standards for outdoor lighting in order to prevent
direct light from shining onto adjoining properties. The standards
would apply to the following zones: Agricultural Residential;
Agricultural Suburban-Residential; Foothill Recreational; Mountain
or Recreation Subdivisions-Residential; Residential; Residential
Nonconforming; Residential-Mobile Home; Suburban Residential;
Timber Mountain; and Unclassified. The proposed ordinance requires
that all new outdoor lighting conform to the standards and requires
all existing outdoor lighting be brought into conformity with
standards within three to six months after adoption of the
ordinance. The proposed ordinance would be enforced through the
County’s Code Enforcement Process - action requested - FIND THE
PROPOSED ZONING CODE AMENDMENT EXEMPT FROM ENVIRONMENTAL REVIEW
UNDER CEQA PURSUANT TO SECTION 15308 OF THE CEQA GUIDELINES; AND
ADOPT ORDINANCE 4010 AND AUTHORIZE THE CHAIR TO SIGN.
PRESENTATION BY CLAUDIA STUART, PRINCIPAL PLANNER FOR DEVELOPMENT
SERVICES.
GEORGE MENAS ADDRESSED THE BOARD.
PUBLIC HEARING OPENED:11:29 A.M.
PUBLIC HEARING CLOSED:11:35 A.M.
MOTION:I MOVE TO FIND THE PROPOSED ZONING CODE AMENDMENT EXEMPT FROM
ENVIRONMENTAL REVIEW UNDER CEQA PURSUANT TO SECTION 15308 OF THE
CEQA GUIDELINES; AND ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO
SIGN.
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0926-011Request for a Fee Waiver for Upper Ridge Volunteer Fire Company
(Station 31) - consideration of a request submitted by the Upper
Ridge Volunteer Fire Company (Station 31) for the waiver of use
permit fees, building permit fees, and impact fees for the addition
of a 1,200 square foot accessory building on the existing fire
station property. The project site (APN 065-090-019) is on the
east side of Skyway approximately 3,330 feet north of Nimshew Road
and Columbine Road in Magalia. The approximate amount of fees
associated with this project is between $14,800 and $18,100. Staff
recommends the Board grant this request -action requested -
PURSUANT TO BUTTE COUNTY CODE SECTION 1-18, DETERMINE THAT A PUBLIC
INTEREST FINDING CAN BE MADE TO WAIVE THE USE PERMIT FEES, BUILDING
PERMIT FEES, AND IMPACT FEES RELATED TO THIS PROJECT. (Department
of Development Services)
PRESENTATION BY MARK MICHELENA FROM DEVELOPMENT SERVICES.
MOTION:I FIND THAT IT IS IN THE PUBLIC INTEREST TO WAIVE ANY AND ALL FEES
RELATED TO THE USE PERMIT, BUILDING PERMIT, IMPACT FEES AND ANY
OTHER FEES THAT CAN BE WAIVED THAT ARE RELATED TO THIS PROJECT.
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0926-012State Route (SR) 99 Corridor Bike Project - The City of Chico is
developing plans for the State Route 99 Corridor Bike Project under
an accelerated schedule imposed by the State of California. The
overall project, which will be developed in two phases, proposes
to construct an approximately 6.7 mile Class I and Class II/III
bicycle facilities, portions of which parallel the east side of SR-
99. A portion of Phase 1 includes the construction of a paved path
over the existing maintenance road within the limits of Shasta
Union Drainage Assessment District (SUDAD) between Eaton Road and
Panama Avenue. Additional detail is available in the agenda
report - action requested -
1) ALLOW THE CITY OF CHICO TO OBTAIN AN EASEMENT FOR EXTRA-
TERRITORIAL PROPERTY OWNED BY CALIFORNIA WATER SERVICE AND
LOCATED WITHIN BUTTE COUNTY’S JURISDICTION AND DIRECT THE
DIRECTOR OF PUBLIC WORKS TO NOTIFY THE CITY OF CONSENT; AND
2) APPROVE THE GRANT DEED DEDICATION TO THE CITY OF CHICO FOR A
BICYCLE PATH EASEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC
WORKS TO SIGN; AND
3) APPROVE THE AGREEMENT WITH CITY OF CHICO ALLOWING
ENCROACHMENT INTO BUTTE COUNTY-OWNED SUDAD PROPERTY FOR THE
INSTALLATION, MAINTENANCE, AND ONGOING USE OF A
BICYCLE/PEDESTRIAN PATHWAY AND ASSOCIATED IMPROVEMENTS AND
AUTHORIZE THE CHAIR TO SIGN. (Public Works)
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS PROVIDED A REPORT TO THE
BOARD.
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BOB GREENLAUB FROM THE CITY OF CHICO PROVIDED A REPORT TO THE
BOARD.
MOTION:I MOVE TO ALLOW THE CITY OF CHICO TO OBTAIN AN EASEMENT FOR EXTRA-
TERRITORIAL PROPERTY OWNED BY CALIFORNIA WATER SERVICE AND LOCATED
WITHIN BUTTE COUNTY’S JURISDICTION AND DIRECT THE DIRECTOR OF
PUBLIC WORKS TO NOTIFY THE CITY OF CONSENT; AND APPROVE THE GRANT
DEED DEDICATION TO THE CITY OF CHICO FOR A BICYCLE PATH EASEMENT
AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN; AND APPROVE THE
AGREEMENT WITH CITY OF CHICO ALLOWING ENCROACHMENT INTO BUTTE
COUNTY-OWNED SUDAD PROPERTY FOR THE INSTALLATION, MAINTENANCE, AND
ONGOING USE OF A BICYCLE/PEDESTRIAN PATHWAY AND ASSOCIATED
IMPROVEMENTS AND AUTHORIZE THE CHAIR TO SIGN.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Items Removed from the Consent Agenda for Board Consideration and
Action. (None)
0926-013Recessed at 12:05 p.m. as the Butte County Board of Supervisors and
Convene as the Thompson Flat Cemetery District Board of Directors.
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TFCD
HOMPSONLATEMETERYISTRICT
BD
OARD OF IRECTORS
M
INUTES
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Called to order at 12:05 p.m. in the Butte County Board of
Supervisors Room, 25 County Center Drive, Oroville. Members
present: Dolan, Kirk, Lambert, Yamaguchi and Chair Connelly. Also
present: Assistant Clerk, Kathleen Moghannam.
Consent Agenda
0904-001Resolution Requesting a Three-Year Audit Period - Previous law
required the County Auditor to perform an annual audit of the
accounts and records of every special district within the county
for which an audit by a certified public accountant or public
accountant is not otherwise provided. The adoption of AB 2510 (La
Malfa) in 2008 modified Government Code Section 26909(b)(3) which
allowed special districts to replace the required annual audit with
an audit to be conducted at specified intervals as recommended by
the County Auditor. The Butte County Auditor-Controller supports
a three-year audit period for the Thompson Flat Cemetery District
- action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
MOTION:I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Public Comment
(None)
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.
Adjournment
Adjourned at 12:06 p.m. as the Thompson Flat Cemetery District
Board of Directors and reconvene as the Butte County Board of
Supervisors.
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PC
UBLICOMMENT
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.
ADDRESSED THE BOARD REGARDING THE SOUTHSIDE
DEBORAH THOMPSON
COMMUNITY CENTER.
CS
LOSEDESSION
THE BOARD RECESSED AT 12:08 P.M. TO CLOSED SESSION REGARDING:
0926-014
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
LABOR NEGOTIATORS: BILL AVERY/LAURA BRUNSON
EMPLOYEE ORGANIZATION:BCEA, BCMEA, CWA, DSA -
MANAGEMENT/SUPERVISORY UNIT, DSA -
GENERAL UNIT, BCCOA - SUPERVISORY UNIT,
BCCOA - GENERAL UNIT, PPOA, AND PEA.
ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a) - FOUR
CASES
1.LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2.DRY CREEK COALITION V. NORTH CONTINENT LAND AND TIMBER, ET
AL.; BUTTE COUNTY SUPERIOR COURT CASE NO. 144532;
3.BUTTE COUNTY V. NATIONAL INDIAN GAMING COMMISSION, ET AL;
D.C. CIRCUIT CASE NO. 09-5179;
4.SALERNO V. COUNTY OF BUTTE; UNITED STATES DISTRICT COURT CASE
NO. 07-2157.
PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT, PURSUANT TO
GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER.
THE BOARD RECONVENED AT 2:30 P.M. FROM CLOSED SESSION REGARDING
:
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
LABOR NEGOTIATORS: BILL AVERY/LAURA BRUNSON
EMPLOYEE ORGANIZATION:BCEA, BCMEA, CWA, DSA -
MANAGEMENT/SUPERVISORY UNIT, DSA -
GENERAL UNIT, BCCOA - SUPERVISORY UNIT,
BCCOA - GENERAL UNIT, PPOA, AND PEA.
ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a) - FOUR
CASES
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1.LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2.DRY CREEK COALITION V. NORTH CONTINENT LAND AND TIMBER, ET
AL.; BUTTE COUNTY SUPERIOR COURT CASE NO. 144532;
3.BUTTE COUNTY V. NATIONAL INDIAN GAMING COMMISSION, ET AL;
D.C. CIRCUIT CASE NO. 09-5179;
4.SALERNO V. COUNTY OF BUTTE; UNITED STATES DISTRICT COURT CASE
NO. 07-2157.
PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT, PURSUANT TO
GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER. (No
Announcements)
:
A
THERE BEING NO FURTHER BUSINESS BEFORE
DJOURNMENT
THE BOARD, THE MEETING WAS ADJOURNED AT
2:30 P.M., TO RECONVENE AT A REGULAR
MEETING OF THE BOARD TO BE HELD
TUESDAY, DECEMBER 8, 2009 AT 9:00 A.M.
______________________
BILL CONNELLY, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Gregory G. Iturria, Interim Chief Administrative
Officer and Clerk of the Board
By:____________________________