HomeMy WebLinkAboutM110904BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -NOVEMBER 9, 2004
Called to order at 9:08 a.m., in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Houx, Josiassen, Yamaguchi, and Chair
Beeler. Supervisors not present: Dolan. 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 BEELER REQUESTED THE
MOMENT OF SILENCE BE HELD IN REMEMBRANCE OF MIKE PYEATT, FORMER
BUTTE COUNTY GENERAL SERVICES DIRECTOR.
CORRECTIONS AND~OR CHANGES TO THE AGENDA. (4 5)
ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
0421-001 1. Resolution in Recognition of Robert J. Voohees upon His
Retirement from the County of Butte - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR
ACTION. THE ITEM WILL RETURN ON THE NEXT AGENDA.
2. State of California, Office of Traffic Safety - approval is
requested for a grant agreement with the State of California,
Office of Traffic Safety, for funds to support the Butte
County Regional Life Saving Rescue Equipment Project. The
funds will be used to place auto extrication equipment on
first-responder vehicles in 12 communities. The term of the
agreement is October 1, 2004, through September 30, 2005,
with a maximum amount payable to the County of $273,127
($228,127 State of California/$45,000 Community Cost Share
Trust Fund) . The County match of $45, 000 was included in the
department's fiscal year 2004-2005 budget. Board approval
is also requested to transfer $67,858.15 between budget line
items to provide the appropriation to purchase equipment -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN; AND APPROVE A BUDGET TRANSFER OF FUNDS BETWEEN
BUDGET LINE ITEMS AS DETAILED IN THE AGENDA REPORT.
(Contract No. R40737)
AT THE REQUEST OF THE FIRE DEPARTMENT, THIS ITEM REMOVED FROM THE
AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. THE ITEM WILL BE
REVISED AND RETURNED ON A SUBSEQUENT AGENDA.
3. Resolution Rescinding Resolution No. 92-05 Regarding the
Purchase of American-Brand Passenger Type Motor Vehicles -
approval is requested for a resolution which will rescind
Resolution No. 92-05, which required the County to purchase
only American-brand passenger type motor vehicles - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PAGE 1 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -NOVEMBER 9, 2004
0421-001 4. Governor's California Performance Review - approval is
requested for letter of opposition to California Performance
Review proposal Infrastructure (INF) 13, entitled,
"Relinquishment of 6,500 Miles of State Routes to Cities and
Counties". The proposal will have a detrimental impact to
the County if it is imposed as proposed - action requested -
ACCEPT THE RECOMMENDATION OF THE CALIFORNIA STATE ASSOCIATION
OF COUNTIES TO OPPOSE CALIFORNIA PERFORMANCE REVIEW PROPOSAL
INF 13 UNLESS THE STATE ROUTE RELINQUISHMENT IS MUTUALLY
AGREED TO BY THE LOCAL AGENCY; AND APPROVE A LETTER OF
POSITION TO THE CALIFORNIA STATE ASSOCIATION OF COUNTIES
EXPRESSING THE COUNTY'S OPPOSITION AND AUTHORIZE THE CHAIR
TO SIGN.
CONSENT AGENDA
0421-002 1. California, Department of Food and Agriculture - approval is
requested for a revenue agreement with the State of
California, Department of Food and Agriculture, for the
County's provision of services to support the Sudden Oak
Death Statewide Emergency Response program. The term of the
agreement is March 1, 2004, through February 28, 2005, with
a maximum amount payable to the County of $39,818. The funds
will be used to add a sunset position of Agriculture/weights
and Measures Inspector to provide services in support of the
program. Board approval is also requested to accept and
appropriate the unanticipated revenue - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE BUDGET TRANSFER B-148 ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT.
(Contract No. R40736)
2. J&S Office Maintenance - Amendment - approval is requested
for an amendment to the agreement with J&S Office Maintenance
for the provision of janitorial services for county-leased
buildings. The amendment adds services for 564 Rio Lindo
Avenue, Suite 100, Chico, increases the maximum amount
payable by $640 (department budget) for the additional site,
and revises the agreement's exhibits to reflect the change.
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. X13049)
MINUTES
PAGE 2 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -NOVEMBER 9, 2004
0421-002 3. Medo's Building Maintenance - Amendment - approval is
requested for an amendment to the agreement with Medo's
Building Maintenance for the provision of janitorial services
for county-leased buildings. The amendment terminates
services at 564 Rio Lindo Avenue, Suites 100 and 106, Chico,
decreases the maximum amount payable by $640, and revises the
agreement's exhibits to reflect the change. 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. X13067)
4. Chicoans Against Substance Abuse - Amendment - approval is
requested for an amendment to the agreement with Chicoans
Against Substance Abuse for the provision of grant
administration services for the Youth Nexus grant program.
The amendment extends the term of the agreement through June
30, 2005, and increases the maximum amount payable by $10, 000
(department budget) for the extended term. All other terms
and provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X14064)
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 services in support of the
System of Care program. The amendment extends the term of
the agreement through June 30, 2005, increases the maximum
amount payable by $63,673.23 (department budget) for the
extended term, and revises the agreement's exhibits to
reflect the change. 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. Solutions for Positive Choices - License Recommendation -
pursuant to the California Code of Regulations, approval is
requested for a letter to the California Department of
Alcohol and Drug Programs, to recommend the approval of an
Oroville site license for Solutions for Positive Choices for
their driving-under-the-influence (DUI) programs. Solutions
for Positive Choices has been providing DUI program services
at their satellite location in Oroville since 1995. Recent
changes to State regulations now require the Oroville site
to obtain a separate license. County Board of Supervisor
recommendation is required for the application - action
requested - APPROVE LETTER RECOMMENDING APPROVAL OF
APPLICATION FOR LICENSE AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PAGE 3 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
0421-002
MINUTES
PAGE 4
NOVEMBER 9, 2004
MINUTES -NOVEMBER 9, 2004
7. Remodel Project - 592 Rio Lindo Avenue, Chico - Contract
Change Orders (Hignell, Inc.) - pursuant to the requirements
of the Butte County Purchasing Policy Manual, Board
ratification is requested for three Contract Change Orders
to the agreement with Hignell, Inc., for construction
services associated with the office remodel project at 592
Rio Lindo Avenue, Chico. A total of three contract change
orders were approved, with an overall increase to the
contract price of $5,652.90 (department budget) - action
requested - RATIFY CHANGE ORDERS (3).
8. Tenant's Estoppel Certificate - approval is requested for a
Tenant's Estoppel Certificate for the office space located
at 1474 Myers Street, Oroville. The form provides for
certification of information regarding the terms and
conditions of the lease agreement between Dr. and Mrs. M.
Robert Ching, Lessor, and the County of Butte, Lessee -
action requested - APPROVE CERTIFICATE AND AUTHORIZE THE
CHAIR TO SIGN.
9. Funding for Automated Child Support System - approval is
requested to accept and appropriate $432,996 received from
the State of California, Department of Child Support
Services, for conversion costs associated with the new
automated child support system (CASES) - action requested -
APPROVE BUDGET TRANSFER B-149 (4/5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
10. Resolution Delegating Authority Relating to Corrections of
the Assessment Roll to the Auditor-Controller - approval is
requested for a resolution which will repeal and replace
Resolution 92-144, which required County Counsel to review
corrections to the Assessment Roll when a decrease in
valuation is over $250,000. The Auditor currently approves
corrections when the decrease in valuation is under $250,000.
The monetary distinction in Resolution 92-144 is not required
by any law, rule or regulation. Delegating the entire
authority to the Auditor, regardless of amount, will save
duplication of effort and expedite the process - action
requested - ADOPT RESOLUTION 04-202 AND AUTHORIZE THE CHAIR
TO SIGN.
11. Temporary Assistance for Needy Families Performance
Incentives - approval is requested to accept and appropriate
$25,000 of Temporary Assistance for Needy Families
Performance Incentive funds. The funds will be used for the
Uniting Families Program - action requested - APPROVE BUDGET
TRANSFER B-150 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -NOVEMBER 9, 2004
0421-002 12. Budget Transfer - approval is requested to transfer $250,000
from the Social Services budget to the CalwORKs budget to
meet service requirements of CalwORKs - action requested -
APPROVE BUDGET TRANSFER B-156 AS DETAILED IN THE AGENDA
REPORT.
13. California "Kids" Vehicle License Plate Revenue - approval
is requested to accept and appropriate $4,326 received from
the California Department of Motor Vehicles, as the County's
share of the revenue generated through the issuance of
California "Kids" license plates. The funds are to be used
for child abuse prevention activities and education,
including vehicular safety. The department is intending to
use the funds to purchase child safety seats - action
requested - APPROVE BUDGET TRANSFER B-157 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED
IN THE AGENDA REPORT.
14. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: TREASURER-TAX COLLECTOR - adds one flexibly
staffed position of Accounting Specialist/Senior Account
Clerk/Account Clerk, and one position of Revenue and
Reimbursement Officer II/I. SHERIFF-CORONER - SPECIAL
ENFORCEMENT UNIT - restores one sunset position of Deputy
Sheriff with a position end date of October 31, 2004, and
extends the position end date to February 28, 2005 - action
requested - ADOPT RESOLUTION 04-203 AND AUTHORIZE THE CHAIR
TO SIGN.
15. Advanced Step Hire - approval is requested on behalf of the
District Attorney's Office for the advanced step hire of a
District Attorney Investigator II candidate to step three
of the salary range based on experience. Pursuant to
Personnel Rule 11.5(b), the Director-Human Resources
recommends the advanced step hire - action requested -
APPROVE ADVANCED STEP HIRE.
16. Appointment to a Specific Salary Step - pursuant to Personnel
Rule 11.13, approval is requested on behalf of the District
Attorney's Office to appoint a promoting candidate for the
position of District Attorney Chief Investigator to step five
of the salary range for that classification. The candidate
has had twenty-six years of experience with the District
Attorney's Office and his appointment to the position will
be invaluable to the ongoing operation of the department -
action requested - AUTHORIZE APPOINTMENT OF DISTRICT ATTORNEY
CHIEF INVESTIGATOR CANDIDATE TO STEP FIVE OF THE SALARY
RANGE.
MINUTES
PAGE 5 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -NOVEMBER 9, 2004
0421-002 17. State of California, Department of General Services -
Amendment - approval is requested for an amendment to the
Master Agreement with the State of California, Department of
General Services, for provision of telecommunication services
(Centrex) The amendment extends the term of the agreement
through December 3, 2008 - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X15214)
18. Sungard Pentamation, Inc. - approval is requested for an
agreement with Sungard Pentamation, Inc., for software
maintenance and support services for the County's financial
software system. The term of the agreement is July 1, 2004,
through June 30, 2005, with an annual maximum amount payable
of $27,293.77 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X15236)
19. Transfer of Trust Funds - approval is requested to transfer
$90,000 from the Book Trust Fund to the Library's budget for
the purchase of books - action requested - APPROVE BUDGET
TRANSFER B-152 (4 /5 vote required) ACCEPTING AND
APPROPRIATING TRUST FUND REVENUE AS DETAILED IN THE AGENDA
REPORT.
20. Donations for Operations - pursuant to Government Code
Section 25355, a donation of $3,134 from the Paradise Friends
of the Library, and a donation of $4,559 from the Gridley
Friends of the Library, have been received to fund extra help
support staff at the Paradise and Gridley libraries. Board
approval is requested to accept and appropriate the funds -
action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION; AND APPROVE BUDGET TRANSFER B-154 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE
AS DETAILED IN THE AGENDA REPORT.
21. Library Literacy Grant Funds - approval is requested to re-
appropriate $3,291 of unexpended fiscal year 2003-2004
Library Literacy Grant funds which were inadvertently
transferred to the County's General Fund at the end of the
fiscal year - action requested - APPROVE BUDGET TRANSFER
B-153 (4 /5 vote required) ACCEPTING AND APPROPRIATING $3,291
FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS
DETAILED IN THE AGENDA REPORT.
22. Ray Bowen - Amendment - approval is requested for an
amendment to the lease agreement with Ray Bowen for the
property located at 585 Manzanita Avenue, Suite 2A, Chico.
The amendment extends the term of the lease through
June 30, 2005, and increases the maximum amount payable to
$23,597.94 (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. X13585)
MINUTES
PAGE 6 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -NOVEMBER 9, 2004
0421-002 23. Ray Bowen - Amendment - approval is requested for an
amendment to the lease agreement with Ray Bowen for the
property located at 585 Manzanita Avenue, Suite 2B, Chico.
The amendment extends the term of the lease through
June 30, 2005, and increases the maximum amount payable to
$94,570.10 (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. X11417)
24. Butte County Office of Education - approval is requested for
a sole source agreement with the Butte County Office of
Education for provision of tobacco education, intervention
and cessation services to Butte County students. The term
of the agreement is July 1, 2004, through June 30, 2005, with
a maximum amount payable of $61,000 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
25. Golder Associates - approval is requested for a sole source
agreement with Golder Associates for the provision of a
Module 4, Phase B, base liner design and excavation plan for
the Neal Road Sanitary Landfill. The term of the agreement
is from the date of execution to completion of the project,
with a maximum amount payable of $47,526 (Neal Road Septage
Enterprise Fund) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
26. Bridge Replacement Project over Butte Creek on Aguas Frias
Road, Project No. 23201-95-1 - Acquisition of Real Property
for Public Road Purposes - approval is requested for: 1)
an amendment to the agreement with Brent Owen for acquisition
of rights-of-way and easements in support of the project.
The amendment provides for the inclusion of a 0.57 acre of
land that was omitted from the original agreement, and
increases the amount of the agreement by $1,995 for the
omitted land; and 2) an agreement with Mary Compton Goni,
C. William Johnson and Borel Bank & Trust Company, for the
acquisition of real property in support of the project. The
amount of the agreement is $7,550 - action requested -
APPROVE AMENDMENT TO AGREEMENT AND AUTHORIZE THE DIRECTOR-
PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY THE AUDITOR-
CONTROLLER; AND APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR-
PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY THE AUDITOR-
CONTROLLER.
MINUTES
PAGE 7 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -NOVEMBER 9, 2004
0421-002 27. Resolution Authorizing Amendment to Joint Powers Agreement
(JPA) Establishing the Butte County Association of
Governments - approval is requested for a resolution which
will authorize an amendment to the JPA between the County,
Cities and Town, establishing the Butte County Association
of Governments (BCAG). The amendment is part of transit
consolidation efforts and will provide BCAG with the powers,
duties and responsibilities necessary for operating the Butte
Regional Transit System - action requested - ADOPT RESOLUTION
04-204 AND AUTHORIZE THE CHAIR TO SIGN.
26. The Ridge Subdivision, Phase I, Unit I - the Ridge
Subdivision (APNs 069-520-023, 039 and 040) is located on the
south side of Olive Highway, east of Apica Avenue in the
Oroville area. It is a conditionally approved private street
subdivision to be developed in multiple phases. The Ridge
Subdivision, Phase I, Unit I, is located just south of Saddle
Drive and is comprised of 34 lots for single family
residences. The developer has complied with the Conditions
of Approval and has provided performance bonds to guarantee
the construction of the required Phase I, Unit I
improvements - action requested - APPROVE THE NEW PRIVATE
STREET NAMES OF HONEY ROCK COURT AND GOLD SPRING COURT;
ACCEPT THE FINAL MAP FOR THE RIDGE SUBDIVISION, PHASE I,
UNIT I; ACCEPT ON BEHALF OF THE COUNTY OF BUTTE THE PUBLIC
SERVICE EASEMENTS AS OFFERED FOR DEDICATION IN THE OWNER'S
STATEMENT; AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION
AGREEMENT.
27. Resolution in Recognition of Anthony Burdine upon His
Retirement from the County of Butte - action requested -
ADOPT RESOLUTION 04-205 AND AUTHORIZE THE CHAIR TO SIGN.
28. Resolution in Recognition of David Panchesson upon His
Retirement from the County of Butte - action requested -
ADOPT RESOLUTION 04-206 AND AUTHORIZE THE CHAIR TO SIGN.
29. Budget Transfer for Medical Costs - approval is requested for
a transfer of $20, 525 from the General Fund Appropriation for
Contingencies to provide the allocation needed to pay medical
costs incurred by inmates which exceeded the medical care
contract limits - action requested - APPROVE BUDGET TRANSFER
B-155 (4 /5 vote required) ACCEPTING AND APPROPRIATING $20,525
FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS
DETAILED IN THE AGENDA REPORT.
30. Law Library Annual Report - pursuant to California Business
and Professions Code Section 6349, submitted is the Butte
County Public Law Library 2003-2004 Annual Report - action
requested - ACCEPT FOR INFORMATION.
MINUTES
PAGE 8
NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
0421-002 31. Butte County Fair - Annual Budget - pursuant to State
requirements, the Butte County Fair Board of Directors is
requesting the Board approve the Fair Association's Operating
Budget for 2005. Following Board approval the budget will
be submitted to the State of California, Division of Fairs
and Expositions, for review and approval - action requested -
APPROVE BUDGET AND AUTHORIZE THE CHAIR TO SIGN.
32. Resolution
Retired Tee
Association
recognizing
requested -
TO SIGN.
MOTION
VOTE
REGULAR AGENDA
0421-003 Boards, Commissions and Committees. (386)
1. Appointments to Listed Vacancies. (NONE)
Proclaiming November 7-13, 2004, California
chers week - the California Retired Teachers
is requesting the Board adopt a resolution
California Retired Teachers week - action
ADOPT RESOLUTION 04-207 AND AUTHORIZE THE CHAIR
33. Butte County Emergency Medical Care Committee - action
requested - APPOINT BOB WALLEN, FIRE SERVICE REPRESENTATIVE,
TO A TERM TO END JUNE 30, 2007. (**57)
I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS
3.01, 3.15, 3.16, AND 3.29.
S M
l Y 2 NP 3 Y 4 Y 5 Y (Motion Carried)
CHAIR BEELER PRESENTED A RESOLUTION TO JACK SURLOCK, CALIFORNIA
RETIRED TEACHERS ASSOCIATION, PROCLAIMING NOVEMBER 7-13, 2004, AS
CALIFORNIA RETIRED TEACHERS WEEK IN BUTTE COUNTY.
CHAIR BEELER PRESENTED A RESOLUTION TO DAVE PANCHESSION IN
RECOGNITION OF HIS RETIREMENT FROM THE BUTTE COUNTY SHERIFF'S
OFFICE.
CHAIR BEELER PRESENTED A RESOLUTION TO ANTHONY BURDINE IN
RECOGNITION OF HIS RETIREMENT FROM THE BUTTE COUNTY SHERIFF'S
OFFICE.
2. Board Member or Committee Reports. (NONE)
MINUTES -NOVEMBER 9, 2004
0421-004 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (394) PAUL MCINTOSH, CHIEF
ADMINISTRATIVE OFFICER, REPORTED THAT THE LEGISLATURE IN NOT
SESSION AT THIS TIME, BUT NOTED THAT PROPOSITIONS lA AND 65
PASSED IN THE NOVEMBER ELECTION.
MINUTES
PAGE 9
NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -NOVEMBER 9, 2004
0421-005 Nuisance Abatement Program - Report to the Board - update on the
County's nuisance abatement program - action requested - ACCEPT
FOR INFORMATION. (FROM 10-26-04 [4.04]) (423)(**00)
RECESS: 10:49 A.M.
RECONVENE : 1 1: 0 3 A. M.
PUBLIC HEARINGS AND TIMED ITEMS
0421-006 Public Hearing - Villa D'Oro Properties, LLC - General Plan
Amendment-Rezone - consideration of a General Plan Amendment from
Low Density Residential to Commercial and a Rezone from A-R
(Agricultural Residential) to C-2 (General Commercial). A Use
Permit proposing an artist live/work industrial arts center (UP
04-15) has been submitted concurrently with this application, but
it will not be included in the matters under consideration at this
hearing. This a project on which notice of intent to adopt a
negative declaration with mitigation measures regarding
environmental impacts has been given. The project is located on
the northeast corner of 12t'' Street and Feather Avenue (previously
the Villa D'Oro Olive Oil Refinery buildings) in the Oroville
area, and identified as APN 031-275-005 (DB) - action requested -
THE PLANNING COMMISSION RECOMMENDS THE BOARD TAKE THE FOLLOWING
ACTIONS:
1. SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE STAFF REPORT
DATED NOVEMBER 9, 2004, ADOPT A MITIGATED NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS;
2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS
WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE
OR THEIR HABITAT AND APPROVE A DE MINIMUS EXEMPTION TO THE
COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4 AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN TO
CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE, SENSITIVE, OR
SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES,
OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND
GAME, OR BY THE UNITED STATES FISH AND WILDLIFE SERVICE. THE
PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY
RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON
FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE
CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT
OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES;
CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING
BIOLOGICAL RESOURCES, OR CONFLICT WITH THE PROVISIONS OF AN
ADOPTED HABITAT CONSERVATION PLAN;
MINUTES
PAGE 10 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -NOVEMBER 9, 2004
0421-006 3. FIND THAT THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE
PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE
SECTION 65358; AND
4. SUBJECT TO FINDINGS IV (A-G) AS DETAILED IN THE STAFF REPORT
DATED NOVEMBER 9, 2004, AND THE CONDITIONAL ZONING AGREEMENT,
IDENTIFIED AS EXHIBIT "A" OF THE ZONING ORDINANCE INCLUDED
IN THE STAFF REPORT DATED NOVEMBER 9, 2004, APPROVE THE
GENERAL PLAN AMENDMENT AND REZONE (03-03) FOR STEVE
SEIDENGLANZ, VILLA D'ORO PROPERTIES, LLC, AND ADOPT AN
ORDINANCE REZONING THE PROPERTY (IDENTIFIED AS A 2.10 (+/-)
ACRE PARCEL, APN 031-275-005) FROM A-R (AGRICULTURAL
RESIDENTIAL) TO C-2 (GENERAL COMMERCIAL), AND AUTHORIZE THE
CHAIR TO SIGN; AND ADOPT A RESOLUTION AMENDING THE GENERAL
PLAN LAND USE ELEMENT OF THE PROPERTY FROM LOW DENSITY
RESIDENTIAL TO COMMERCIAL, AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 10-12-04 [3.18]) (**453)
PUBLIC HEARING OPENED AT 11:03 A.M.
PUBLIC HEARING RECESSED: 11:09 A.M.
PUBLIC HEARING RECONVENED: 11:18 A.M.
PUBLIC HEARING CLOSED: 11:24 A.M.
MOTION: SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE STAFF REPORT DATED
NOVEMBER 9, 2004, I MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACTS; FIND THAT THE DESIGN OF THE
PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE
TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A DE MINIMUS
EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE
SECTION 711.4 AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN
TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE, SENSITIVE, OR
SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR
REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME, OR
BY THE UNITED STATES FISH AND WILDLIFE SERVICE. THE PROJECT WILL
NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT;
HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS
AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE
SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR
MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL
POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES, OR
CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION
PLAN; FIND THAT THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE
PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE
SECTION 65358; AND SUBJECT TO FINDINGS IV (A-G) AS DETAILED IN THE
STAFF REPORT DATED NOVEMBER 9, 2004, AND THE CONDITIONAL ZONING
AGREEMENT, IDENTIFIED AS EXHIBIT "A" OF THE ZONING ORDINANCE
INCLUDED IN THE STAFF REPORT DATED NOVEMBER 9, 2004, FURTHER MOVE
TO APPROVE THE GENERAL PLAN AMENDMENT AND REZONE (03-03) FOR STEVE
SEIDENGLANZ, VILLA D'ORO PROPERTIES, LLC, AND ADOPT ORDINANCE 3888
REZONING THE PROPERTY (IDENTIFIED AS A 2.10 (+/-) ACRE PARCEL, APN
031-275-005) FROM A-R (AGRICULTURAL RESIDENTIAL) TO C-2 (GENERAL
COMMERCIAL), AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT RESOLUTION
04-208 AMENDING THE GENERAL PLAN LAND USE ELEMENT OF THE PROPERTY
FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL, AND AUTHORIZE THE
CHAIR TO SIGN.
S M
VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Motion Carried)
MINUTES
PAGE 11 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -NOVEMBER 9, 2004
0421-007 Public Hearing - Automated Point-of-Sale Stations Ordinance -
consideration of an ordinance which will add Chapter 48 to the
Butte County Code relating to the registration and inspection of
automated point-of-sale stations (scanners), and establishing fees
associated with the program - action requested - ADOPT ORDINANCE
AND AUTHORIZE THE CHAIR TO SIGN. (**897)
PUBLIC HEARING OPENED AT 11:24 A.M., AND CONTINUED OFF THE AGENDA
TO AN UNSPECIFIED DATE TO ALLOW STAFF ADDITIONAL TIME TO REVIEW
AND REVISE THE PROPOSED ORDINANCE.
REGULAR AGENDA
0421-008 Items Removed from the Consent Agenda for Board Consideration and
Action. (**951)
1. Resolution Rescinding Resolution No. 92-05 Regarding the
Purchase of American-Brand Passenger Type Motor Vehicles -
approval is requested for a resolution which will rescind
Resolution No. 92-05, which required the County to purchase
only American-brand passenger type motor vehicles - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
BOARD ACTION NOT TAKEN. ITEM CONTINUED FOR FURTHER STUDY AND
DISCUSSION.
2. Governor's California Performance Review - approval is
requested for letter of opposition to California Performance
Review proposal Infrastructure (INF) 13, entitled,
"Relinquishment of 6,500 Miles of State Routes to Cities and
Counties". The proposal will have a detrimental impact to
the County if it is imposed as proposed - action requested -
ACCEPT THE RECOMMENDATION OF THE CALIFORNIA STATE ASSOCIATION
OF COUNTIES TO OPPOSE CALIFORNIA PERFORMANCE REVIEW PROPOSAL
INF 13 UNLESS THE STATE ROUTE RELINQUISHMENT IS MUTUALLY
AGREED TO BY THE LOCAL AGENCY; AND APPROVE A LETTER OF
POSITION TO THE CALIFORNIA STATE ASSOCIATION OF COUNTIES
EXPRESSING THE COUNTY'S OPPOSITION AND AUTHORIZE THE CHAIR
TO SIGN.
MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE CALIFORNIA STATE
ASSOCIATION OF COUNTIES TO OPPOSE CALIFORNIA PERFORMANCE REVIEW
PROPOSAL INF 13 UNLESS THE STATE ROUTE RELINQUISHMENT IS MUTUALLY
AGREED TO BY THE LOCAL AGENCY; AND APPROVE A LETTER OF POSITION TO
THE CALIFORNIA STATE ASSOCIATION OF COUNTIES EXPRESSING THE
COUNTY'S OPPOSITION AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Motion Carried)
MINUTES
PAGE 12 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -NOVEMBER 9, 2004
0421-009 20-Year Roads and Bridges Capital Improvement Program -
consideration of the 2004-2005 Public works 20-Year Roads and
Bridges Capital Improvement Program - action requested - APPROVE
20-YEAR ROADS AND BRIDGES CAPITAL IMPROVEMENT PROGRAM. (**1565)
MOTION: I MOVE TO APPROVE THE 20-YEAR ROADS AND BRIDGES CAPITAL
IMPROVEMENT PROGRAM.
M S
VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Motion Carried)
0421-010 State of California, Department of Transportation - Cooperative
Agreement - consideration of an agreement for realignment of a
portion of River Road at the State Route 32 intersection - action
requested - APPROVE COOPERATIVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND DIRECT STAFF TO ENCOURAGE CALTRANS TO CONSIDER
ALTERNATIVES TO THE REALIGNMENT OF RIVER ROAD THAT REDUCES THE
IMPACT OF THE PROPOSED PROJECT ON THE ORCHARD PROPERTY, BUT STILL
MEETS THE PURPOSE AND NEED FOR THE HIGHWAY SAFETY IMPROVEMENT
PROJECT. (PUBLIC WORKS [FROM 10-26-04/4.07]) (**1933)
BOARD DIRECTION TO STAFF TO WORK WITH THE STATE OF CALIFORNIA,
DEPARTMENT OF TRANSPORTATION, TO EXPRESS THE COUNTY'S SUPPORT OF
THE PROJECT SUBJECT TO A MUTUALLY AGREEABLE SETTLEMENT WITH THE
PROPERTY OWNER.
MINUTES
PAGE 13 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -NOVEMBER 9, 2004
PUBLIC COMMENT
0421-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. (**2270) (NONE)
CLOSED SESSION
0421-012 RECESS: THE BOARD RECESSED AT 11:59 A.M., TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) 1. WHEAT V. COUNTY OF BUTTE
(BUTTE COUNTY SUPERIOR COURT CASE NO. 128644); 2.
ROWE V. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR
COURT CASE NO. 128705); AND 3. NATIONAL ALLIANCE
FOR THE MENTALLY ILL V. COUNTY OF BUTTE (USDC
EASTERN DISTRICT CIV-S-03-1087). A CONFERENCE
WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(b)(1) ONE POTENTIAL CASE; AND A
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6: AGENCY
REPRESENTATIVES: JEANNE GRAVETTE AND WILLIAM
AVERY. EMPLOYEE ORGANIZATIONS: BUTTE COUNTY
EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE
COUNTY MANAGEMENT EMPLOYEES ASSOCIATION
(MANAGEMENT AND SUPERVISORY UNIT); DEPUTY
SHERIFF'S ASSOCIATION (GENERAL UNIT AND
MANAGEMENT AND SUPERVISORY UNIT); BUTTE COUNTY
CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL UNIT
AND MANAGEMENT AND SUPERVISORY UNIT);
PROFESSIONAL EMPLOYEES UNIT; SOCIAL SERVICES
WORKERS UNIT; AND PROBATION PEACE OFFICERS'
ASSOCIATION. (**2284)
MINUTES
PAGE 14 NOVEMBER 9, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -NOVEMBER 9, 2004
0421-012 RECONVENE: THE BOARD RECONVENED AT 1:09 P.M., FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) 1. WHEAT V. COUNTY OF BUTTE
(BUTTE COUNTY SUPERIOR COURT CASE NO. 128644); 2.
ROWE V. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR
COURT CASE NO. 128705); AND 3. NATIONAL ALLIANCE
FOR THE MENTALLY ILL V. COUNTY OF BUTTE (USDC
EASTERN DISTRICT CIV-S-03-1087). A CONFERENCE
WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(b)(1) ONE POTENTIAL CASE; AND A
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6: AGENCY
REPRESENTATIVES: JEANNE GRAVETTE AND WILLIAM
AVERY. EMPLOYEE ORGANIZATIONS: BUTTE COUNTY
EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE
COUNTY MANAGEMENT EMPLOYEES ASSOCIATION
(MANAGEMENT AND SUPERVISORY UNIT); DEPUTY
SHERIFF'S ASSOCIATION (GENERAL UNIT AND
MANAGEMENT AND SUPERVISORY UNIT); BUTTE COUNTY
CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL UNIT
AND MANAGEMENT AND SUPERVISORY UNIT);
PROFESSIONAL EMPLOYEES UNIT; SOCIAL SERVICES
WORKERS UNIT; AND PROBATION PEACE OFFICERS'
ASSOCIATION. (**2300)
CLOSED
SESSION
ANNOUNCEMENT : THE BOARD APPROVED A SETTLEMENT AGREEMENT IN THE
ROWE V. COUNTY OF BUTTE CASE (BUTTE COUNTY
SUPERIOR COURT CASE NO. 128705) FOR $225,000.
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 1:09 P.M., TO
RECONVENE AT A SPECIAL MEETING OF THE BOARD TO BE
HELD WEDNESDAY, NOVEMBER 10, 2004, AT 8:45 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 15
NOVEMBER 9, 2004