HomeMy WebLinkAboutM120203BUTTE COUNTY BOARD OF SUPERVISORS
CALL TO ORDER
MINUTES -DECEMBER 2, 2003
Called to Order at 9:03 a.m., in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Dolan, Houx, Josiassen, Yamaguchi, and Chair
Beeler. Also present: Paul McIntosh, Chief Administrative
Officer; Bruce Alpert, County Counsel; and Marion Reeves,
Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
CORRECTIONS AND~OR CHANGES TO THE AGENDA (4 6)
03 -3 2 6 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
1. The Villas at Butte Creek Subdivision - Final Map - The
Villas at Butte Creek Subdivision, APN 040-035-019 and 022,
is a conditionally approved 14-lot private street subdivision
located at the intersection of Estates Drive and State
Highway 99, south of Chico. The developer has complied with
the Conditions of Approval, has completed the majority of the
required improvements, and has provided a cash bond to cover
construction of the remaining facilities. The developer has
also entered into a Subdivision Agreement to provide a surety
bond in the form of a letter of credit to guarantee
maintenance of the required improvements for one year -
action requested - APPROVE FINAL MAP; ACCEPT ON BEHALF OF THE
PUBLIC THE PUBLIC SERVICE EASEMENTS; FEE TITLE TO THE PUBIC
ROADWAY AT THE INTERSECTION OF ESTATES DRIVE AND THE 60-FOOT
FRONTAGE ROAD, AND RELINQUISHMENT OF ALL ABUTTER'S RIGHTS OF
ACCESS TO SAID 60-FOOT FRONTAGE ROAD AS OFFERED FOR
DEDICATION IN THE OWNER'S STATEMENT; AND AUTHORIZE THE CHAIR
TO SIGN THE SUBDIVISION AGREEMENT. (54)
AT THE REQUEST OF THE PUBLIC WORKS DEPARTMENT, THIS ITEM REMOVED
FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. THE ITEM
WILL BE REVISED AND RETURN ON A SUBSEQUENT AGENDA.
CONSENT AGENDA
03-327
MINUTES
1. Youth For Change - approval is requested for an agreement
with Youth For Change for the provision of mental health
services, day rehabilitation, and medication support services
to adolescent clients and their families receiving full-scope
Medi-Cal benefits. The term of the agreement is
July 1, 2003, through June 30, 2004, with a maximum amount
payable of $498,270.70 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
PAGE 1 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 2, 2003
03-327 2. Michael Hitchko, Ph.D. - Amendment - approval is requested
for an amendment to the agreement with Michael Hitchko,
Ph.D., for the provision of services in the specialized field
of psychology. The amendment increases the maximum amount
payable by $10,000 (department budget), and revises the
service schedule to incorporate the amendment. 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. X14302)
3. 7th Avenue Center - Amendment - approval is requested for an
amendment to the agreement with 7th Avenue Center for the
provision of services to clients in need of 24-hour skilled
nursing services. The amendment increases the maximum amount
payable by $5,445 (department budget), revises the monthly
payment provisions, and revises the service summary to
incorporate the amendment. 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.
X14417)
4. Butte County District Attorney/Butte County Department of
Behavioral Health - Amendment - approval is requested for an
amendment to the Memorandum of Understanding with the Butte
County District Attorney's Office for services in support of
the Substance Abuse and Crime Prevention Act. The amendment
extends the term of the agreement through June 30, 2004,
increases the maximum amount payable by $18,514 (department
budget) for the extended term, revises the budget schedule
to reflect the increased funding, and amends agreement
language regarding inspections and audits. 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. X13549)
5. Butte County Department of Employment and Social
Services/Butte County Probation/Butte County Department of
Behavioral Health - approval is requested for a Memorandum
of Understanding with the Department of Employment and Social
Services and the Probation Department which provides for the
assignment of Behavioral Health staff to the Juvenile Hall
to provide assessment, evaluation and case management
services to detainees. The term of the agreement is
July 1, 2003, through June 30, 2004. The Department of
Employment and Social Services will provide $83,540 of
Supportive and Therapeutic Options Program (STOP) funds,
representing 700 of the funding needed. The remaining 300
is a required County match and will be provided by the
Probation Department to the Department of Employment and
Social Services - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14541)
MINUTES
PAGE 1 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 2, 2003
03-327 6. Fixed Asset Purchase and Budget Transfer - approval is
requested for the fixed asset purchase of two computer
servers, in the estimated amount of $12,500 each, which will
be used in the department's networking system. Funding for
the purchase is available within the department's budget and
approval is also requested for a transfer of funds between
line items to provide the allocation for the purchase -
action requested - APPROVE BUDGET TRANSFER B-095 (4/5 vote
required) AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED
ASSET PURCHASE OF COMPUTER EQUIPMENT IN THE ESTIMATED TOTAL
AMOUNT OF $25,000.
7. Single Jurisdiction Drug Court Enhancement Grant - approval
is requested to accept $300,000 over two years from the
United States Department of Justice, Bureau of Justice
Assistance, under the Single Jurisdiction Drug Court
Enhancement Grant program. The grant funds will be used to
enhance the County's Comprehensive Treatment Court programs.
The term of the grant is September 1, 2003, through
August 31, 2005, with a maximum amount payable to the County
of $300,000. Approval is also requested to accept and
appropriate $150,000 into the current year's budget, with the
remainder to be allocated in the fiscal year 2004-2005
budget - action requested - ACCEPT GRANT AWARD; APPROVE GRANT
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE
BUDGET TRANSFER B-096 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED GRANT REVENUE AS DETAILED IN THE
AGENDA REPORT.
8. Employment Agreement Amendments - submitted are amendments
to employment agreements for the following department heads:
1) Patricia S. Cragar, Director-Employment and Social
Services. Extends the term of the agreement through
December 30, 2006. All other terms and provisions remain the
same. 2) Nancy Brower, Director-Libraries. Extends the
term of the agreement through December 14, 2006. All other
terms and provisions remain the same. 3) Richard Price,
Agricultural Commissioner. Extends the term of the agreement
through May 8, 2008. All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT AMENDMENTS
(3) AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PAGE 2 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 2, 2003
03-327 9. Department Head Salaries - the implementation of the
Countywide Classification/Compensation study has provided an
opportunity to review and revise the system for determining
appointed and elected department head salaries. Submitted
is an outline of recommended changes and revised Annual
Performance Review Procedures. The proposed changes, if
accepted, will become effective upon implementation of the
classification and compensation study and would apply to the
fiscal year beginning July 1, 2004. The Chief Administrative
Officer has met with each elected official and the appointed
department heads and has received concurrence to this
approach - action requested - APPROVE RECOMMEND CHANGES TO
THE METHOD FOR SETTING SALARIES FOR APPOINTED AND ELECTED
DEPARTMENT HEADS AS OUTLINED, AND APPLY THE CHANGES TO THE
FISCAL YEAR BEGINNING JULY 1, 2004.
10. Butte County Water Commission - action requested - APPOINT
DAVID E. SKINNER, LANDOWNER-DISTRICT WATER REPRESENTATIVE,
TO A VACANT TERM TO END MARCH 1, 2007.
11. Richardson Springs Community Services District - action
requested - APPOINT STEPHEN R. BELL AND JACOB FINELY,
DIRECTORS, TO TERMS TO END DECEMBER 3, 2007.
12. Richvale Irrigation District - action requested - APPOINT
LYLE D. JOB, DIVISION 2 DIRECTOR, TO A TERM TO END
DECEMBER 7, 2007.
13. Request for Consolidation - Paradise Unified School
District - the Paradise Unified School District has submitted
Resolution No. 02/04-7, requesting consolidation of a special
election with the statewide Primary Election to be held on
March 2, 2004. The District will submit a measure to the
voters relating to the abolishment of Trustee Areas in the
Paradise Unified School District - action requested - APPROVE
CONSOLIDATION.
14. Request for Consolidation - the Town of Paradise has
submitted Resolution No. 03-69, requesting consolidation of
a special election with the statewide Primary Election to be
held on March 2, 2004. The Town will submit to the voters
a measure related to raising the transient occupancy tax in
the Town from 6o to 100 - action requested - APPROVE
CONSOLIDATION.
MINUTES
PAGE 3 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 2, 2003
03-327 15. Request for Consolidation - City of Oroville - the City of
Oroville has submitted Resolution No. 6121, requesting
consolidation of a special election with the statewide
Primary Election to be held on March 2, 2004. The City will
submit a measure to the voters to consider an initiative
proposing to amend the Oroville City Charter by adding
Article XXXI, requiring binding arbitration of unresolved
employee disputes and controversies between the City of
Oroville and the City Fire Department employee organization -
action requested - APPROVE CONSOLIDATION.
16. Hendrick & LaSala - Amendment - approval is requested for an
amendment to the agreement with Hendrick & LaSala for the
provision of specialized attorney services. The amendment
provides for a name change of the firm from Daley and Heft
to Hendrick & LaSala, and revises the amount of indemnity
insurance required. All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14502)
17. Jackson Lewis LLP - approval is requested for an agreement
with Jackson Lewis LLP, for the provision of specialized
attorney services regarding personnel issues. The term of
the agreement is one year, but will be extended as needed to
complete matters submitted for resolution prior to the term
ending date. The hourly rate of compensation is $250 for
partner services and $210 for associate attorney services
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14578)
18. Development Services Department Zoning Code Amendment -
Report to the Board - pursuant to Butte County Code,
submitted is the Planning Commission's report to the Board
on a proposed Zoning Code Amendment. The proposed amendment
will revise the Lot Line Adjustment and Merger provisions of
Chapter 20 and Chapter 24 of the Butte County Code regarding
public hearing requirements, zoning amendment requirements,
and site requirements. The Planning Commission has
recommended approval - action requested - ACCEPT THE REPORT;
AND DIRECT THE CLERK OF THE BOARD TO SET A PUBLIC HEARING FOR
CONSIDERATION OF THIS MATTER FOR DECEMBER 16, 2003, AT
10:30 A.M.
MINUTES
PAGE 4 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 2, 2003
03-327 19. In-Home Supportive Services Public Authority Fraud
Investigation Program - proposed is the addition of a fraud
investigation component to the In-Home Supportive Services
Public Authority programs. The Department of Employment and
Social Services will provide $75,000 (department budget) to
the District Attorney to fund one District Attorney
Investigator II/I position, one Investigative Assistant
position, and office furniture and equipment to support the
positions. An amendment to the salary ordinance which
includes the new positions has been submitted as a separate
item. Also proposed is a Memorandum of Understanding between
the District Attorney and the Department of Employment and
Social Services, detailing the terms of the program - action
requested - APPROVE BUDGET TRANSFER B-099 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED
IN THE AGENDA REPORT; APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER; AND DIRECT STAFF TO RETURN TO THE BOARD
IN ONE YEAR WITH A REVIEW OF THE PROGRAM.
20. Youth For Change - approval is requested for an agreement
with Youth For Change for the provision of Transitional
Housing Services to clients in out-of-home placements under
the supervision of the department. The agreement provides
for payment of services rendered to a resident client
required to be in the program beyond the period allocated by
Foster Care Eligibility Regulations. The term of the
agreement is July 1, 2003, through August 23, 2003, with a
maximum amount payable of $3,840. Funding for the agreement
will be provided by Independent Living Program funds - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X14520)
21. Volunteer Fire Assistance Grant - approval is requested to
accept a $20,000 grant from the State of California,
Department of Forestry and Fire Protection, under the
Volunteer Fire Assistance Program. The grant requires a
$20,000 County match, which is included in the department's
budget. The funds will be used to purchase personal
protective clothing - action requested - ADOPT RESOLUTION 03-
166 APPROVING THE GRANT AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
22. Adoption of an Ordinance of the County of Butte Repealing
Chapter 46 of the Butte County Code Concerning Purchasing and
Replacing it with a New Chapter 46 Concerning Purchasing -
proposed is an ordinance which will establish a policy that
provides a 5o preference to Butte County suppliers for
purchases of personal property for County use - action
requested - ADOPT ORDINANCE 3846 AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 11-18-03 [3.33])
MINUTES
PAGE 5 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 2, 2003
03-327 23. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: AUDITOR-CONTROLLER: extends the position end
date of one flexibly staffed sunset position of Accounting
Specialist/Senior Account Clerk/Account Clerk, from
December 31, 2003, to June 30, 2004. DISTRICT ATTORNEY-
CRIMINAL: extends the position end date of one sunset
position of Paralegal, from December 31, 2003, to
June 30, 2004. DISTRICT ATTORNEY-WELFARE FRAUD: adds one
flexibly staffed position of District Attorney Investigator
II/I and one position of Investigative Assistant as part of
the In-Home Supportive Services Fraud Investigation program.
SHERIFF-CORONER - SERVICES: extends the position end date of
one sunset position of Sheriff's Clerk II, from
December 31, 2003, to December 31, 2004. SHERIFF-CORONER -
OPERATIONS: extends the position end date of one sunset
position of Deputy Sheriff, from December 31, 2003, to
December 31, 2004. PUBLIC HEALTH - GENERAL SERVICES: adds
one half-time position of Certified Nurse Practitioner, and
one flexibly staffed position of Administrative Analyst
III/II/I. Extends the position end date of one flexibly
staffed sunset position of Public Health Assistant II/I, from
December 31, 2003, to December 31, 2004. PUBLIC HEALTH-
ENVIRONMENTAL HEALTH: deletes one flexibly staffed position
of Environmental Health Specialist II/I, and adds one
flexibly staffed position of Environmental Health Specialist
III/II/I - action requested - ADOPT RESOLUTION 03-167 AND
AUTHORIZE THE CHAIR TO SIGN.
24. Library Donations - pursuant to Government Code Section
25355, donations of $1,000 from the Paradise Friends of the
Library, $600 from the Chico Friends of the Library, $500
from the Fraternal Order of Eagles, Chico Auxiliary #218, and
$300 from anonymous donors, have been received for the Butte
County Trust Fund for the purchase of books - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
25. A/C Industrial Corporation - Amendment - approval is
requested for an amendment to the agreement with A/C
Industrial Corporation for the removal and disposal of
prohibited wastes from the Neal Road Sanitary Landfill. The
amendment provides for the inclusion of Freon removal from
appliances that are received at the facility for recycling.
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. X10536)
MINUTES
PAGE 6 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 2, 2003
03-327 26. Delta Oilfield Services, Inc. - approval is requested for an
agreement with Delta Oilfield Services, Inc., for the pumping
and transportation of septage supernatant liquids and
leachate liquids from the Neal Road Sanitary Landfill. The
agreement is the result of a Request For Bids, with Delta
Oilfield Services, Inc., being the lowest bidder. The term
of the agreement is based on volume, with a total of
3,600,000 gallons of supernatant and 3,000,000 gallons of
leachate liquid to be pumped at the rate of $0.02 per gallon.
The maximum amount payable under the agreement is $130,000
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
27. Rehabilitation of Skyway from Chico City Limits to 6.25 Miles
East; County Project No. 51261-1/2-2000-1 - Contract Change
Order (CCO) No. 1 - CCO No. 1, in the overall decreasing
amount of $586, provides for a decrease in the engineer's
estimate for paint binder tack coat open grade, and MBGR
bridge construction assembly, and an increase in work needed
to grind an unsuitable existing asphalt concrete surface and
replace it with a full-depth asphalt concrete section -
action requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR
TO SIGN.
28. Resolution of Intent to Abandon a Public Utilities Easement -
the department has received a request, on behalf of Polens
Family Trust, to abandon an existing 10-foot Public Utilities
Easement on property located at the northwest corner of
Pinehurst Way and Columbine Road, in the Paradise Pines area.
The Planning Commission has recommended approval - action
requested - ADOPT RESOLUTION 03-168 GIVING NOTICE OF INTENT
TO ABANDON A PUBLIC SERVICE EASEMENT; AND DIRECT THE CLERK
OF THE BOARD TO SET A PUBLIC HEARING TO CONSIDER THIS MATTER
FOR TUESDAY, JANUARY 13, 2004, 10:30 A.M.
29. Superior Court of California, County of Butte - approval is
requested for an agreement with the Superior Court of
California, County of Butte, for the provision of security
services to the Court. The term of the agreement is
July 1, 2003, through June 30, 2004, with a maximum amount
payable to the County of $1,164,200 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
30. Budget Transfer - approval is requested to transfer $4,300
of department Local Law Enforcement Block Grant funds between
budget line items to provide the appropriation necessary to
purchase Taser Intermediate Weapon Systems - action
requested - APPROVE BUDGET TRANSFER B-094 AS DETAILED IN THE
AGENDA REPORT.
MINUTES
PAGE 7 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 2, 2003
03-327 31. Monthly Investment Report - submitted it the Monthly
Investment Report dated October 31, 2003, in accordance with
the Statement of Investment Policy dated July 1, 2003 -
action requested - ACCEPT FOR INFORMATION.
32. Camp, Dresser & McKee - Amendment - approval is requested for
an amendment to the agreement with Camp, Dresser & McKee for
the preparation of an Integrated Watershed and Resource
Conservation Plan. The amendment eliminates the distinction
of funding by fiscal year to allow full use of the funds in
the current fiscal year. Board approval is also requested
to ,
transfer $84,000
in prior year professional services funds - action
requested - APPROVE BUDGET TRANSFER B-098 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED
IN THE AGENDA REPORT; AND APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
33. Camp, Dresser & McKee - Amendment - approval is requested for
an amendment to the agreement with Camp, Dresser & McKee for
the preparation of the Groundwater Modeling Element of the
Integrated Watershed and Resource Conservation Plan. The
amendment extends the term of the agreement through
June 30, 2004, to allow additional time to complete the
study. 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. X14534)
34. Tax Exchange Agreement between the Lake Oroville Area Public
Utility District and the County of Butte - the Local Agency
Formation Commission has received an application for
annexation from the Lake Oroville Area Public Utility
District. Pursuant to Revenue and Taxation Code Section 99-
99.2, a property tax exchange agreement must be reached
between the District and the County. The Lake Oroville Area
Public Utility District's Board of Directors has certified,
by Resolution No. 17-03, that the change in organization will
be revenue neutral to each affected agency - action
requested - APPROVE PROPERTY TAX EXCHANGE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.33 AMENDED TO
CORRECT THE BUDGET TRANSFER LANGUAGE TO READ, "..TRANSFER $84,000
IN PRIOR YEAR PROFESSIONAL SERVICES FUNDS.", AND THE REMOVAL OF
ITEM 3.27.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MINUTES PAGE 8 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 2, 2003
REGULAR AGENDA
03-328 Appointments to Boards, Commissions and Committees. (68)
1. Appointments to Listed Vacancies. (NONE)
2. Northern California Water Association - consideration of the
selection of two directors (one director and one alternate
director) to two year terms ending December 15, 2005 - action
requested - SELECT DIRECTOR(S) AND ALTERNATE DIRECTOR(S).
MOTION: I MOVE TO APPOINT SUPERVISOR JOSIASSEN, DIRECTOR.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
A SECTION WILL BE ADDED TO THE AGENDA REPORT FOR BOARD MEMBER
COMMITTEE REPORTS.
03-329 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (175) PAUL MCINTOSH, CHIEF ADMINISTRATIVE
OFFICER, INFORMED THE BOARD THAT THE NEW GOVERNOR HAS CALLED THREE
SPECIAL SESSIONS OF THE LEGISLATURE. ONE SESSION WILL DEAL WITH
THE REPEAL OF SENATE BILL 60, A MEASURE THAT ALLOWED UNDOCUMENTED
ILLEGAL IMMIGRANTS TO APPLY FOR DRIVERS LICENSES. ONE SESSION
WILL DEAL WITH WORKERS' COMPENSATION REFORM, AND ONE SESSION WILL
DEAL WITH GENERAL OBLIGATION BONDS, SPENDING CAPS, AND
APPROPRIATION OF FUNDS TO BACKFILL LOCAL GOVERNMENTS FOR VEHICLE
LICENSE FEE LOSSES. THE BOARD WAS ALSO INFORMED OF PROPOSED
BUDGET CHANGES TO THE STATE'S BUDGET.
03-330 Reconsideration of an Item. (658)
Northern California Water Association - consideration of the
selection of two directors (one director and one alternate
director) to two year terms ending December 15, 2005 - action
requested - SELECT DIRECTOR(S) AND ALTERNATE DIRECTOR(S)
MOTION: I MOVE TO NOMINATE CURT JOSIASSEN AND DENNY BUNSGARZ, DIRECTORS;
AND BILL BORROR AND REX BLOOMFIELD, ALTERNATE DIRECTORS.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
BRUCE ALPERT INTRODUCED BRAD STEPHENS, NEW STAFF ATTORNEY IN THE
COUNTY COUNSEL'S OFFICE.
03-331 Presentation of California State Fair Award - presentation by the
Butte County Economic Development Corporation of an award
presented to Butte County by the California State Fair - action
requested - ACCEPT FOR INFORMATION. (752)
PRESENTATION TO THE BOARD BY BOB LINSCHEID AND DEBRA LUCERO, BUTTE
COUNTY ECONOMIC DEVELOPMENT CORPORATION, OF A GOLD AWARD WON BY
THE BUTTE COUNTY EXHIBIT AT THE STATE FAIR.
MINUTES
PAGE 9 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
03-332 National Pollutant Discharge
Butte County's Storm Water
Board - update on the st
Management Program - action
(1068)
MINUTES -DECEMBER 2, 2003
Elimination System (NPDES) Phase II -
Management Program - Report to the
atus of Butte County's Storm Water
requested - ACCEPT FOR INFORMATION.
PRESENTATION TO THE BOARD BY TOM BLIXT, PUBLIC WORKS DEPARTMENT.
03-333 Drug Endangered Children Program - Resolution to Amend the Salary
Ordinance - at the request of the District Attorney, the Human
Resources Department has prepared a resolution which will amend
the salary ordinance as follows: DISTRICT ATTORNEY-CRIMINAL -
extends the position end dates of one flexibly staffed sunset
position of District Attorney Investigator II/I, and one sunset
position of Legal Typist Clerk, from December 31, 2003, to
June 30, 2004 - action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN. (1153)
MOTION: I MOVE TO ADOPT RESOLUTION 03-169 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-334 Items Removed from the Consent Agenda for Board Consideration and
Action. (1494) (NONE)
RECESSED AT 9:47 A.M., AS THE BUTTE COUNTY BOARD OF SUPERVISORS
AND CONVENED AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD.
MINUTES
PAGE 10 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 2, 2003
PUBLIC AUTHORITY BOARD
MINUTES - DECEMBER 2, 2003
Called to Order at 9:47 a.m., in the Board of Supervisors
Chambers, 25 County Center Drive, Oroville. Board members
present: Dolan, Houx, Josiassen, Yamaguchi, and Chair Beeler.
Also present: Marion Reeves, Deputy Clerk.
Aaenda Items
03-024 Employment Agreements and Personnel Policies - consideration of
at-will employment agreements for the positions of Public
Authority Manager, Public Authority Secretary, Public Authority
Services Specialist, and Public Authority Services Specialist
Aide. Additionally, Personnel Policies have been developed that
are consistent with Butte County Personnel Rules, and they are
included as an appendix to the employment agreements - action
requested - APPROVE EMPLOYMENT AGREEMENTS (4) AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND APPROVE PUBLIC AUTHORITY PERSONNEL POLICIES.
(1510)
MOTION: I MOVE TO APPROVE THE EMPLOYMENT AGREEMENTS AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND APPROVE PUBLIC AUTHORITY PERSONNEL POLICIES.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Public Comment
03-025 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. (1600) (NONE)
Adjournment
THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS
ADJOURNED AT 9:51 A.M.
MINUTES
PAGE 11 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 2, 2003
ADJOURNED AT 9:51 A.M., AS THE BUTTE COUNTY IN-HOME SUPPORTIVE
SERVICES PUBLIC AUTHORITY BOARD AND RECONVENED AS THE BUTTE COUNTY
BOARD OF SUPERVISORS.
CLOSED SESSION
03-335 RECESS: THE BOARD RECESSED AT 9:51 A.M., TO A CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) CLEANUP AND ABATEMENT ORDER NO. 85-2003-
0707; HUMBOLDT ROAD BURN DUMP, CHICO. (1629)
RECONVENE : THE BOARD RECONVENED AT 10:35 A. M. , FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a): CLEANUP AND ABATEMENT ORDER NO. 85-2003-
0707; HUMBOLDT ROAD BURN DUMP, CHICO. (1660) (NO
ANNOUNCEMENTS)
PUBLIC HEARINGS AND TIMED ITEMS
03-336 Continued Public Hearing - Certificate of Merger Appeal - Reed B.
Johnson - consideration of an appeal of a denial of a Certificate
of Merger for a project to reconfigure 2 parcels on property
located on the northwest corner of Larkin Road and Johnson Clan
Avenue in the Gridley area, and identified as APN 024-200-067 and
068 - action requested - STAFF IS RECOMMENDING THE BOARD FIND THAT
APPROVAL OF THE PROJECT WOULD NOT BE IN CONFORMANCE WITH THE
ZONING AND GENERAL PLAN CRITERIA AND DENY THE APPEAL. (FROM 10-
28-03 [5.01]) (1661) (**00)
03-337 Continued Public Hearing - Lot Line Adjustment Appeal - Charles
Pfister - consideration of an appeal of a denial of a Lot Line
Adjustment for a project to reconfigure 2 parcels to effect a 1991
Homesite Segregation Use Permit approval on property located on
the southeast corner of Peterson Avenue and Lewis Oak Road in the
Gridley area, and identified as APN 021-190-069 and 070 - action
requested - STAFF IS RECOMMENDING THE BOARD FIND THAT APPROVAL OF
THE PROJECT WOULD NOT BE IN CONFORMANCE WITH THE ZONING AND
GENERAL PLAN CRITERIA AND DENY THE APPEAL. (FROM 10-28-03
[5.02] )
03-338 Continued Public Hearing - Certificate of Merger Appeal - David
North - consideration of an appeal of a denial of a Certificate of
Merger for a project to merge 8+ underlying lots into 2 lots on
property located on the south side of Ludlum Avenue, approximately
200 feet west of Irwin Avenue in the Palermo area, and identified
as APN 026-221-002 - action requested - STAFF IS RECOMMENDING THE
BOARD FIND THAT APPROVAL OF THE PROJECT WOULD NOT BE IN
CONFORMANCE WITH THE ZONING AND GENERAL PLAN CRITERIA AND DENY THE
APPEAL. (FROM 10-28-03 [5.03])
MINUTES
PAGE 12 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -DECEMBER 2, 2003
03-339 Continued Public Hearing - Certificate of Merger Appeal - Brian
Cook - consideration of an appeal of a denial of a Certificate of
Merger for a project to modify the common property line between 2
parcels located on the northeast corner of Highway 99 and Drake
Avenue in the Biggs area, and identified as APN 025-120-038 and
046 - action requested - STAFF IS RECOMMENDING THE BOARD FIND THAT
APPROVAL OF THE PROJECT WOULD NOT BE IN CONFORMANCE WITH THE
ZONING AND GENERAL PLAN CRITERIA AND DENY THE APPEAL. (FROM 10-
28-03 [5.04])
03-340 Continued Public Hearing - Certificate of Merger Appeal -
Lawrence E. Crabtree - consideration of an appeal of a denial of
a Certificate of Merger for a project to reconfigure 2 existing
lots located on the south side of Chico River Road, approximately
400 feet east of Crouch Avenue in the Chico area, and identified
as APN 039-120-031 and 032 - action requested - STAFF IS
RECOMMENDING THE BOARD FIND THAT APPROVAL OF THE PROJECT WOULD NOT
BE IN CONFORMANCE WITH THE ZONING AND GENERAL PLAN CRITERIA AND
DENY THE APPEAL. (FROM 10-28-03 [5.05])
ALL 5 PUBLIC HEARINGS LISTED ABOVE COMMENCED AS A SINGLE ACTION.
PUBLIC HEARINGS RECONVENED AT 10:35 A.M.
PUBLIC HEARINGS 03-336, 03-337, 03-338, 03-339 CONTINUED TO
JANUARY 27, 2004, AT 10:30 A.M., TO ALLOW THE BOARD THE
OPPORTUNITY TO REVIEW A PROPOSED LOT LINE/MERGER ORDINANCE THAT
MAY HAVE AN AFFECT ON HOW THE BOARD CONSIDERS THE ABOVE HEARINGS.
PUBLIC HEARING 03-340 CONTINUED TO DECEMBER 16, 2003, AT 2:00 P.M.
RECESS: 11:55 A.M.
RECONVENE : 12:11 P . M .
MINUTES
PAGE 13
DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 2, 2003
PUBLIC HEARINGS AND TIMED ITEMS
03-341 Continued Public Hearing - Stephen J. Schuster - Tentative
Subdivision Map (Sierra Moon Subdivision) - Late Appeal -
consideration of a late appeal of a Tentative Subdivision Map
condition. The Subdivision Map would create 119 single family
residential parcels in accordance with a previously approved
Planned Unit Development and Development Agreement. The property
is zoned SR-1/PD (Suburban Residential - 1 acre parcels/Planned
Development) and OS/PD (Open Space/Planned Development) and is
located north of Chico and west of the Chico Airport, on the west
side of Hicks Lane, approximately 3,000 feet south of Keefer Road
in the North Chico Specific Plan area, and identified as APN 047-
710-001 (DB [TSM 03-01]) - action requested:
1. PURSUANT TO THE FINDINGS REQUIRED BY BUTTE COUNTY CODE
SECTION 20-66(d), AND AS DETAILED BY THE STAFF REPORT DATED
DECEMBER 2, 2003; DETERMINE IF THE FINDINGS CAN BE MADE
CONCERNING THIS APPEAL.
2. SHOULD THE BOARD DETERMINE THAT THE FOUR FINDINGS CAN BE MADE
IN ACCORDANCE WITH SECTION 20-66(d) OF THE BUTTE COUNTY CODE,
SET A PUBLIC HEARING TO CONSIDER THE MERITS OF THE LATE
APPEAL. (FROM 10-28-03 [5.08]) (**1414)
PUBLIC HEARING COMMENCED: 12:13 P.M.
PUBLIC HEARING CLOSED: 12:49 P.M.
MOTION: I MOVE THAT THE APPEAL BE DENIED.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 N (Motion Carried)
RECESS: 12:49 P.M.
RECONVENE : 1: 0 3 P. M.
PUBLIC HEARINGS AND TIMED ITEMS
03-342 Continued Public Hearing - Development Fees - consideration of an
ordinance amending Butte County Code Sections 3-41, 3-43, 3-44, 3-
81, and 3-82, regarding certain fees chargeable for processing
applications for land use entitlements by the Building and
Planning Divisions of the Development Services Department and the
Land Development Division of the Public Works Department - action
requested - ADOPT ORDINANCE AMENDING BUTTE COUNTY CODE AND
AUTHORIZE THE CHAIR TO SIGN; AND ADOPT RESOLUTION ESTABLISHING
DEVELOPMENT SERVICES DEPARTMENT BUILDING DIVISION FEE SCHEDULE AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 11-18-03 [5.02])
(**3217)(***00)
PUBLIC HEARING COMMENCED: 1:03 P.M.
PUBLIC HEARING CLOSED: 1:35 P.M.
MINUTES
PAGE 14
DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -DECEMBER 2, 2003
03-342 MOTION: I MOVE TO ADOPT ORDINANCE 3865 AMENDING THE BUTTE
COUNTY CODE AND AUTHORIZE THE CHAIR TO SIGN; AND MOVE
TO ADOPT RESOLUTION 03-169 ESTABLISHING THE DEVELOPMENT
SERVICES DEPARTMENT BUILDING DIVISION FEE SCHEDULE,
WITH THE FEE SCHEDULE AMENDED TO RETAIN THE APPEAL FEE
FOR APPEALS BEFORE THE BOARD AT $50.00, AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 N 5 N (Motion Carried)
PUBLIC COM[IENT
03-343 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. (***909)
1. KEN REIMERS, COUNTY ASSESSOR, STATED THAT HE BELIEVES THERE
IS STILL CONFUSION AT THE STAFF LEVEL AS TO WHAT CONSTITUTES
A LEGAL LOT AND THAT IT SHOULD BE CLEARED UP.
CLOSED SESSION
03-344 RECESS: THE BOARD RECESSED AT 1:42 P.M., TO A CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8. PROPERTY: 442 EATON
ROAD, CHICO, CALIFORNIA. AGENCY NEGOTIATOR: WILLIAM
CURRY, DIRECTOR-GENERAL SERVICES. NEGOTIATING PARTIES:
LEE E. AND BEVERLY BAXTER. UNDER NEGOTIATION: PRICE
AND TERMS OF PAYMENT; AND PUBLIC EMPLOYEE PERFORMANCE
EVALUATION, INCLUDING GOALS, PURSUANT TO GOVERNMENT
CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER AND
COUNTY COUNSEL. (***1047)
RECONVENE: THE BOARD RECESSED AT 4:29 P.M., FROM A CLOSED SESSION
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8. PROPERTY: 442 EATON
ROAD, CHICO, CALIFORNIA. AGENCY NEGOTIATOR: WILLIAM
CURRY, DIRECTOR-GENERAL SERVICES. NEGOTIATING PARTIES:
LEE E. AND BEVERLY BAXTER. UNDER NEGOTIATION: PRICE
AND TERMS OF PAYMENT; AND PUBLIC EMPLOYEE PERFORMANCE
EVALUATION, INCLUDING GOALS, PURSUANT TO GOVERNMENT
CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER AND
COUNTY COUNSEL. (***1074) (NO ANNOUNCEMENT)
MINUTES PAGE 15 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -DECEMBER 2, 2003
P,DJOURIrt~NT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 4:29 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, DECEMBER 16, 2003, AT 9:00 A.M.
R.J. BEELER, CHAIR
Attest:
Paul McIntosh, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
MINUTES
PAGE 16
DECEMBER 2, 2003