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HomeMy WebLinkAboutM121603BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 16, 2003 CALL TO ORDER Called to order at 9:06 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 (6 1) 03-34 5 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. 1. Applied Testing Consultants - approval is requested for an agreement with Applied Testing Consultants for the provision of required testing during construction of the Courthouse expansion. The term of the agreement is the project duration, with a maximum amount payable of $27,682 (project budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. AT THE REQUEST OF THE GENERAL SERVICES DIVISION, THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. THE ITEM WILL BE REVISED AND RETURNED TO A SUBSEQUENT AGENDA. 2. Juvenile Justice Crime Prevention Act - Allocation Appropriation - approval is requested to accept and appropriate $58,883.84 in fiscal year 2001-2002 Juvenile Justice Crime Prevention Act funds. The department's current year budget reflects the expenditure appropriation, and a budget transfer is required to reflect the corresponding revenue. Board approval is also requested to appropriate $3,180.09 in interest earnings to provide for its return to the Board of Corrections in compliance with the grant provisions - action requested - APPROVE BUDGET TRANSFER B-123 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE, TRANSFERRING FUNDS, AND APPROPRIATING INTEREST EARNINGS FOR EXPENDITURE AS DETAILED IN THE AGENDA REPORT. AT THE REQUEST OF THE PROBATION DEPARTMENT, THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. THE ITEM WILL BE REVISED AND RETURNED TO A SUBSEQUENT AGENDA. MINUTES PAGE 1 DECEMBER 16, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 16, 2003 CONSENT AGENDA 03-346 1. Unanticipated Revenue - approval is requested to accept and appropriate $1,525 received from the Tehama County Department of Agriculture to reimburse an expenditure for the purchase of a 70-gallon prover for weights and measurement activities. The funds will be used to purchase a sealers' weight set - action requested - APPROVE BUDGET TRANSFER B-120 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 2. Local Agency Improvement Fees - submitted is the Combined Report of Impact Fees or Local Agency Improvement Fees for Fiscal Year 2002-2003. Pursuant to Government Code Section 66006, this item will return on the agenda of January 13, 2004, for final review and action, and notice is hereby given that the information is on file and available for public inspection in the Chief Administrative Office, 25 County Center Drive, Oroville, Monday through Friday, 8:00 a.m. to 5:00 p.m. - action requested - ACCEPT FOR INFORMATION AND AS PUBLIC NOTICE OF AVAILABILITY; AND DIRECT THIS ITEM TO RETURN TO THE AGENDA OF JANUARY 13, 2004, FOR FINAL REVIEW AND ACTION. 3. Lawrence C. Mayerle, M.D. - Amendment - approval is requested for an amendment to the agreement with Lawrence C. Mayerle, M.D., for the provision of services in the specialized field of psychiatry. The amendment increases the maximum amount payable by $36,000 (department budget), and revises the compensation schedule to reflect the amendment. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14263) 4. Youth Leadership Institute - Amendment - approval is requested for an amendment to the agreement with Youth Leadership Institute for the provision of evaluation services for the Live Spot and Prevention Unit programs. The amendment extends the term of the agreement through June 30, 2004, increases the maximum amount payable by $24,000 (department budget) for the extended term, and includes agreement language regarding records confidentiality. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13578) MINUTES PAGE 1 DECEMBER 16, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 16, 2003 03-046 5. BHC Heritage Oaks Hospital, Inc., d.b.a. Heritage Oaks Hospital - approval is requested for an agreement with BHC Heritage Oaks Hospital, Inc., d.b.a. Heritage Oaks Hospital, for the provision of inpatient hospitalization of referred clients ages 11% to 18. The term of the agreement is July 1, 2003, through June 30, 2004. Under the agreement, treatment costs are paid to the contractor by the State. The State then offsets the department's Realignment Revenue by that corresponding amount - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 6. BHC Sierra Vista Hospital, Inc., d.b.a. Sierra Vista Hospital - approval is requested for an agreement with BHC Sierra Vista Hospital, Inc., d.b.a. Sierra Vista Hospital, for the provision of inpatient hospitalization of referred clients ages 11% to 18. The term of the agreement is July 1, 2003, through June 30, 2004. Under the agreement, treatment costs are paid to the contractor by the State. The State then offsets the department's Realignment Revenue by that corresponding amount - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 7. Butte County Department of Employment and Social Services/Butte County Department of Behavioral Health - approval is requested for a Memorandum of Understanding with the Butte County Department of Employment and Social Services for the provision of services in support of the Indian Child welfare Act. The term of the agreement is October 1, 2003, through June 30, 2004. The objective of the agreement is to provide coordination and facilitation of services to Children's Services Division clients. There is no monetary provision to the agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 8. Resolution Declaring Intent Not to Contract - pursuant to State requirements, submitted is a resolution declaring the department's intent not to contract with the North Valley Parent Education Network (PEN) for drug Medi-Cal services for the Oroville Resource Center. North Valley PEN has applied to the State to provide drug Medi-Cal services and the proposed resolution is needed to allow them to contract directly with the State - action requested - ADOPT RESOLUTION 03-171 AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PAGE 2 DECEMBER 16, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 16, 2003 03-046 9. State of California, Office of Traffic Safety - Project Downshift Grant - approval is requested to accept and appropriate a grant award from the State of California, Office of Traffic Safety, to implement Project Downshift. The grant program is designed to educate young drivers on traffic safety, seatbelt use, and the dangers of driving under the influence of drugs and/or alcohol. The term of the grant is October 1, 2003, through September 30, 2005, with a maximum amount payable to the County of $175,000 ($87,500 per grant year). Board approval is requested to accept and appropriate $87,500 for the current fiscal year - action requested - APPROVE BUDGET TRANSFER B-117 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE AS DETAILED IN THE AGENDA REPORT. 10. State of California, Department of Mental Health - approval is requested for a revenue agreement with the State of California, Department of Mental Health, for the Phase I and II Inpatient and Outpatient Consolidated Managed Care Program for Medi-Cal beneficiaries. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable to the County of $2,125,033 - action requested - ADOPT RESOLUTION 03-172 APPROVING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 11. State of California, Department of Alcohol and Drug Programs - Grant Augmentation - approval is requested to accept and appropriate an additional $7,867 received from the State of California, Department of Alcohol and Drug Programs, for the Project Year 5 Drug Court Partnership Project. The funds will be used to increase training and residential alcohol and drug treatment services - action requested - APPROVE BUDGET TRANSFER B-118 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE GRANT AWARD AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 12. State of California, Department of Alcohol and Drug Programs - Amendment - approval is requested for an amendment to the grant agreement with the State of California, Department of Alcohol and Drug Programs for funds to support the Drug Court Partnership Program. The amendment extends the period of time in which the County can expend Project Year 4 funds from July 1, 2003, to June 30, 2004. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. R40153) MINUTES PAGE 3 DECEMBER 16, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 16, 2003 03-346 13. Superior Court of California, County of Butte - approval is requested for a Memorandum of Understanding with the Superior Court of California, County of Butte, for the provision of services in support of the Juvenile Drug Court Program. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable to the County of $9,639.96. Board approval is also requested to accept and appropriate the unanticipated revenue - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-122 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 14. Reissue Time-Expired Check - approval is requested, on behalf of Diane Hermann, to reissue time-expired check no. 1221- 072408, dated December 23, 1999, in the amount of $5.70. The check was misplaced and recently relocated. The original check is in the County's possession, and the Auditor's Office has verified the check has not been re-issued - action requested - AUTHORIZE THE RE-ISSUANCE OF TIME-EXPIRED CHECK. 15. Peerless Building Maintenance - approval is requested for an agreement with Peerless Building Maintenance for the provision of janitorial services to the Child Support Offices located at 1420 Myers Street, 1474 Myers Street and 1447 Huntoon Street, Oroville. The term of the agreement is January 1, 2004, through December 31, 2004, with a maximum amount payable of $28,691.52 (department budget). Board approval is also requested to transfer $16,723 between department budget line items to provide the appropriation necessary to fund the agreement through June 30, 2004, and to fund the current agreement for janitorial services through December 31, 2003 - action requested - APPROVE BUDGET TRANSFER B-125 (4 /5 vote required) TRANSFERRING FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 16. Request for Consolidation - Butte County Board of Education - the Superintendent of Schools has submitted a resolution requesting consolidation of the election of t~ four governing board members with the statewide Primary Election to be held on March 2, 2004 - action requested - APPROVE CONSOLIDATION. 17. Butte County Conflict of Interest Code - Board approval is requested for a resolution which will update the County's Conflict of Interest Code pursuant to California Government Code Section 87300 et seq. - action requested - ADOPT RESOLUTION 03-173 AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PAGE 4 DECEMBER 16, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 16, 2003 03-346 18. Youth For Change - Amendment - approval is requested for an amendment to the agreement with Youth For Change for the provision of Senate Bill 163 wraparound Services. The amendment adds language to provide for flexibility in levels of care available. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14342) 19. Revisions to Contracts/Purchasing Policy and Procedures Manual - approval is requested for revisions to the County's Contracts/Purchasing Policy and Procedures Manual which incorporates changes made through amendments to the County's purchasing ordinance, and other miscellaneous changes designed to improve the instructions included in the manual - action requested - APPROVE REVISIONS TO POLICY AND PROCEDURES MANUAL. 20. Paradise Veterans Memorial Hall - Pilot Program - approval is requested for a pilot program directed at improving customer service for users of the veterans hall. The program proposes to shift management of the Paradise Memorial Hall from the Veterans Services Office to General Services, and to implement processes which are designed to improve the overall event rental process. The program is designed to provide increased customer service and defray operating costs by increasing rental revenue. The program will be limited to the Paradise Veterans Memorial Hall during an evaluation period - action requested - APPROVE IMPLEMENTATION OF PILOT PROGRAM. 21. County of Butte Final Audit of Violent Offender Incarceration Grant - Grant Contract No. 012-99 - pursuant to the terms of the grant from the State Board of Corrections for construction of the new Juvenile Hall, submitted is the final audit of the grant. The audit was prepared by the independent auditing firm of Gilbert Associates - action requested - ACCEPT FOR INFORMATION. 22. Budget Transfer - approval is requested for a transfer of $17,330 from the Federal Emergency Management Agency-Hazard Mitigation Program to cover the cost of a well abandonment and destruction, and construction of a fence around County- owned property located at 13898 Highway 99, Chico. The property is used as a retention pond - action requested - APPROVE BUDGET TRANSFER B-126 (4 /5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. 23. Consideration of Holidays - approval is requested to grant a one-time half-day holiday on December 24, 2003, and a one- time full-day holiday on December 26, 2003, as part of the current negotiations for successor labor contracts with the unions. Awarding of the holidays will not be considered precedent setting - action requested - DECLARE DECEMBER 24, 2003, AS A ONE-TIME HALF-DAY PAID HOLIDAY AND DECEMBER 26, 2003, AS A ONE-TIME FULL-DAY PAID HOLIDAY FOR COUNTY EMPLOYEES. MINUTES PAGE 5 DECEMBER 16, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 16, 2003 03-346 24. Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: PROBATION-JUVENILE HALL - adds two flexibly staffed positions of Juvenile Hall Counselor II/I. PUBLIC HEALTH-GENERAL SERVICES - adds one flexibly staffed sunset position of Information Systems Technician II/I, and one flexibly staffed sunset position of Health Education Specialist III/II/I. Both positions have an ending date of June 30, 2004 - action requested - ADOPT RESOLUTION 03-174 AND AUTHORIZE THE CHAIR TO SIGN. 25. Advanced Step Hire - approval is requested for the advanced step hire of a Correctional Officer candidate to Step 2 of the salary range based on training and experience. The action is being requested retroactive to the date of hire, November 8, 2003. Pursuant to Personnel Rule 11.5(b), the Director of Human Resources is recommending the advanced step hire - action requested - APPROVE ADVANCED STEP HIRE OF A CORRECTIONAL OFFICER TO STEP 2 OF THE SALARY RANGE, RETROACTIVE TO NOVEMBER 8, 2003. 26. South Feather water and Power Agency - approval is requested by the Communications Division for a lease agreement with South Feather water and Power Agency for vault and tower space at the Sunset Hill location. The term of the agreement is October 1, 2003, through September 30, 2008, with an annual lease rate of $650 (department budget) per year - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14584) 27. Library Donations - pursuant to Government Code Section 25355, donations of $1,000 from the Raymond Family Foundation, and $200 from the Perfect Plank Company of Paradise, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 28. Chico Unified School District - approval is requested for a revenue agreement with the Chico Unified School District for funds to support the services of a half-time Probation Officer at various schools. The term of the agreement is November 6, 2003, through June 30, 2004, with a maximum amount payable to the County of $14,252. Board approval is also requested to accept and appropriate the unanticipated revenue - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-121 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. MINUTES PAGE 6 DECEMBER 16, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 16, 2003 03-346 29. Pacific waste Services, Inc. - Amendment - approval is requested for an amendment to the agreement with Pacific waste Services, Inc., for the provision of groundwater monitoring and reporting services at the Neal Road Sanitary Landfill. The amendment increases the maximum amount payable by $1,764 (Neal Road Landfill Management Fund) to provide for additional analysis required by the Regional water Quality Control Board. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13456) 30. Kennedy/Jenks Consultants - Amendment - approval is requested for an amendment to the agreement with Kennedy/Jenks Consultants for the provision of monitoring services of supernatant and leachate liquids at the Neal Road Sanitary Landfill. The amendment extends the term of the agreement to June 30, 2004, and increases the maximum amount payable by $12,800 (Neal Road Landfill Management Fund/Septage Management Fund) for the extended term. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11847) 31. City of Chico - approval is requested for a letter agreement with the City of Chico to transfer a portion of storm drain fees from the City of Chico to the County of Butte in support of the reimbursement agreement for west Chico Estates, Unit No. 3. A portion of the area under the reimbursement agreement has been annexed by the City. The term of the agreement is from the date of approval by both agencies through April 19, 2006, for one portion of the project area, and through August 27, 2012, for the remaining project area. Under the agreement the City will transfer 500 of the collector/outfall portion of the storm drain fees collected within the tributary area to the County to support the reimbursement agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 32. Reconstruction of Skyway from Chico City Limits to 6.25 Miles East - County Project No. 512-61-1/2-2000-1 - Notice of Completion - the project consisted of the construction of traffic turnouts, widening of shoulders, placement of asphalt concrete overlay, installation of drainage facilities, metal beam guardrails and concrete dike, traffic striping and pavement markers. All contract work has been completed in accordance with plans and specifications - action requested - ACCEPT CONTRACT WORK; APPROVE NOTICE OF COMPLETION AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT RECORDING OF THE NOTICE OF COMPLETION. MINUTES PAGE 7 DECEMBER 16, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 16, 2003 03-346 33. State of California, Department of Transportation - Environmental Enhancement and Mitigation Grant Program - approval is requested to submit a grant application to the State of California, Department of Transportation, for funds to support the purchase and enhancement of Lookout Point on the Skyway - action requested - ADOPT RESOLUTION 03-175 APPROVING GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. 34. 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 PUBLIC 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. 35. Resolution Declaring a Two-way Stop Intersection on Autry Lane at Via Canela, in Oroville - approval is requested for a resolution which will declare the intersection of Via Canela at Autry Lane, Oroville, a two-way stop intersection - action requested - ADOPT RESOLUTION 03-176 AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO PLACE APPLICABLE SIGNS AND PAVEMENT MARKINGS. 36. Oroville Area Transit System - approval is requested to sell monthly passes on Oroville Area Transit System (OATS). Currently the only fares available are one-time and one-way trips. The monthly passes will sell for $22.00 for regular fare passengers and $13.00 for discount fare passengers. If approved, the sale of monthly passes will begin in 2004 - action requested - AUTHORIZE THE SALE OF MONTHLY PASSES ON OROVILLE AREA TRANSIT SYSTEM. 37. Vehicle Purchase Augmentation - approval is requested to approve a $3,000 augmentation to the $19,000 appropriation approved for the purchase of a vehicle for the Civil Division. Funding for the augmentation is available in the Civil Vehicle Maintenance Trust, and Board approval is also requested to transfer the funds to the fixed asset account to provide for the purchase - action requested - APPROVE INCREASE IN FIXED ASSET PURCHASE OF VEHICLE OF $3,000; AND APPROVE BUDGET TRANSFER B-119 (4/5 vote required) ACCEPTING AND APPROPRIATING TRUST FUNDS AS DETAILED IN THE AGENDA REPORT. MINUTES PAGE 8 DECEMBER 16, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 16, 2003 03-346 38. Resolution in Appreciation of William M. Norris Upon His Retirement from the County of Butte - action requested - ADOPT RESOLUTION 03-177 AND AUTHORIZE THE CHAIR TO SIGN. 39. Butte County Children and Families Commission - Annual Reports - submitted are the Fiscal Year 2002-2003 Abridged Annual Report and Fiscal Year 2002-2003 Annual Audit - action requested - ACCEPT FOR INFORMATION. 40. In-Home Supportive Services Advisory Committee - the staff of the Butte County In-Home Supportive Services Public Authority submits recommendations for appointments to the In- Home Supportive Services Advisory Committee - action requested - REAPPOINT MARK GORDON AND HOWARD GREGG, REPRESENTATIVES, TO TERMS TO END DECEMBER 19, 2006. 41. Resolutions in Recognition of Support of Contributions to the Frank Watters Children's Trust Fund - the Children's Services Coordinating Council is requesting the Board adopt resolutions recognizing Gold Country Casino, The Discovery Shoppe League-A Charitable Organization, and Pat Fore, for their contributions to the Frank Watters Children's Trust Fund - action requested - ADOPT RESOLUTIONS 03-178, 03-179, and 03-180 AND AUTHORIZE THE CHAIR TO SIGN. 42. Oroville Cemetery District - the District has submitted recommendations for appointments - action requested - REAPPOINT JIM MOLL, TRUSTEE, TO A TERM TO END JANUARY 1, 2008. (352) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.16 AMENDED TO CORRECT THE NUMBER OF APPOINTEES FROM THREE TO FOUR; AND THE REMOVAL OF ITEMS 3.21 AND 3.30. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) PRESENTATION BY CHAIR BEELER TO WILLIAM NORRIS OF A RESOLUTION OF APPRECIATION UPON RETIREMENT FROM THE COUNTY. PRESENTATION BY SUPERVISOR HOUX OF RESOLUTIONS IN APPRECIATION OF SUPPORT OF CONTRIBUTIONS TO THE FRANK WATTERS CHILDREN'S TRUST FUND TO PAT GROSSART, ANNETTE WILLIAMS, AND PAT FORE. REGULAR AGENDA 03-347 Appointments to Boards, Commissions and Committees. (380) 1. Appointments to Listed Vacancies. (NONE) MINUTES PAGE 9 DECEMBER 16, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 16, 2003 03-348 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. (386) 1. 2004 Legislative Platform - presentation of the 2004 Legislative/Regulatory Platform - action requested - ADOPT LEGISLATIVE/REGULATORY PLATFORM. MOTION: I MOVE TO ADOPT THE LEGISLATIVE/REGULATORY PLATFORM, AS AMENDED TO INCLUDE THE FEDERAL "HELP AMERICA VOTE ACT OF 2002" ISSUE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 2. Resolution Encouraging Legislative Leadership to Hear Bills Regarding Vehicle License Fee Backfill - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO ADOPT RESOLUTION 03-181 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) THE CHIEF ADMINISTRATIVE OFFICER ALSO DISTRIBUTED INFORMATION TO THE BOARD ON PROPOSITION 57 AND 58. PROPOSITION 57 IS A BALANCED BUDGET PROPOSAL AND PROPOSITION 58 IS A $15 BILLION BOND PROPOSAL. BOTH MATTERS WILL BE ON THE MARCH BALLOT. RECESS: 9:58 A.M. RECONVENE : 1 O : 14 A . M . PUBLIC HEARINGS AND TIMED ITEMS 03-349 Public Hearing - Lot Line Adjustment and Certificate of Merger Appeal - Russell T. Erickson - consideration of an appeal of a denial of a Lot Line Adjustment and Certificate of Merger to reconfigure two existing lots located on the south side of Wilson Landing Road at the railroad crossing, approximately 3,700 feet west of Hamilton Nord-Cana Highway, in the Nord area, and identified as APN 047-150-004 and 005 - action requested - STAFF IS REQUESTING THE BOARD DENY THE APPEAL, FINDING THAT APPROVAL OF THIS MERGER WOULD VIOLATE THE TERMS OF THE EXISTING CALIFORNIA LAND CONSERVATION ACT (CLCA) AGREEMENT. IN ADDITION, THE NEW NORTHEAST PARCEL DOES NOT PROVIDE THE 300 FOOT AGRICULTURAL BUFFER NECESSARY FOR RESIDENTIAL DEVELOPMENT, DOES NOT CONFORM TO THE EXISTING A-40 ZONING, AND DOES NOT CONFORM TO THE ORCHARD AND FIELD CROPS GENERAL PLAN DESIGNATION. (1767) PUBLIC HEARING COMMENCED AT 10:14 A.M., AND CONTINUED UNTIL AFTER THE 10:30 A.M. TIMED ITEM HAS BEEN HEARD. MINUTES PAGE 10 DECEMBER 16, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 16, 2003 REGULAR AGENDA 03-349 Resolution Extending Non-Exclusive Cable Television Franchises for the Unincorporated Areas of Chico/Durham and the Unincorporated Areas of Paradise - consideration of a resolution which would provide a 30-day extension of a non-exclusive franchise to construct, operate and maintain a cable television system to Comcast. A Comcast representative will present information to the Board regarding Comcast's upgrade and efforts to improve customer service - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (1821) MOTION: I MOVE TO ADOPT RESOLUTION 03-182 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried) 03-350 Horning Development Agreement - Transfer of Rights to New Property Owner - consideration of a transfer of the Development Agreement rights, and periodic review of compliance with the Development Agreement for APN 040-490-018, as a result of the transfer of the property to a new owner - action requested - CONTINUE MATTER TO TUESDAY, JANUARY 13, 2004, TO ALLOW STAFF ADDITIONAL TIME TO RESEARCH THE ISSUE. (FROM 11-18-03 [4.04]) (2138) AT THE REQUEST OF THE DEVELOPMENT SERVICES DEPARTMENT, ITEM CONTINUED WITHOUT BOARD CONSIDERATION OR ACTION TO JANUARY 13, 2004. 03-351 Report to the Board - October 7, 2003, Statewide Special Election - presentation to the Board of the fiscal impact of conducting the unscheduled Statewide Special Election on October 7, 2003, and the effectiveness of the"County Employee Precinct Officer" pilot program - action requested - ACCEPT FOR INFORMATION; AND APPROVE CONTINUATION OF COUNTY EMPLOYEE PRECINCT OFFICER PROGRAM. (2180) MOTION: I MOVE TO APPROVE CONTINUATION OF COUNTY EMPLOYEE PRECINCT OFFICER PROGRAM. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) BOARD DIRECTION THAT A LETTER BE WRITTEN TO THE GOVERNOR INVOICING THE STATE FOR THE LOCAL COST OF THE MARCH SPECIAL ELECTION ($482,363). 03-352 Cost Recovery Analysis for Elections Division - presentation of a recommended allocation methodology to recover election costs - action requested - ACCEPT FOR INFORMATION. (3254) (**00) PRESENTATION TO THE BOARD BY CANDACE GRUBBS, COUNTY CLERK- RECORDER-REGISTRAR OF VOTERS, AND CYNDI MANN, DEPUTY ADMINISTRATIVE OFFICER. MINUTES PAGE 11 DECEMBER 16, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 16, 2003 RECESS: 11:21 A.M. RECONVENE : 11:3 O A . M . PUBLIC HEARINGS AND TIMED ITEMS 03-353 Public Hearing - An Ordinance Amending Section 20-95 and Adding Section 20-95.1, Regarding Lot Line Adjustments, Repealing Section 20-180.2 and Amending Section 20-180.3 Regarding Mergers, in Chapter 20, Entitled "Subdivisions", of the Butte County Code, and Amending Section 24-25.25, Entitled "Public Hearings for Zoning Amendments", and Section 24-75, Entitled "Site Requirements", of Chapter 24, Entitled "Zoning", of the Butte County Code - consideration of an ordinance which will revise County procedures for processing Lot Line Adjustments and Mergers; revise zoning site requirements pertaining to sewage disposal, wells, and approved access; and revise display page notice requirements for hearings (ZCA 04-O1) - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (**944) (***00) PUBLIC HEARING COMMENCED AT 11:30 A.M., AND CONTINUED OPEN TO A TIME UNCERTAIN TO ALLOW STAFF ADDITIONAL TIME TO WORK ON ISSUES RAISED AND RECOMMEND AMENDMENTS. CLOSED SESSION 03-354 RECESS: THE BOARD RECESSED AT 12:46 P.M., TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) JONES (RAINWATER) v. COUNTY OF BUTTE, BUTTE SUPERIOR COURT NO. 126573; AND NEIGHBORS FOR RESPONSIBLE ACTION v. COUNTY OF BUTTE, BUTTE SUPERIOR COURT NO. 126947; AND A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) ONE POTENTIAL CASE. (***505) RECONVENE: THE BOARD RECONVENED AT 1:38 P.M., FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) JONES (RAINWATER) v. COUNTY OF BUTTE, BUTTE SUPERIOR COURT NO. 126573; AND NEIGHBORS FOR RESPONSIBLE ACTION v. COUNTY OF BUTTE, BUTTE SUPERIOR COURT NO. 126947; AND A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) ONE POTENTIAL CASE. (***549) (NO ANNOUNCEMENTS) MINUTES PAGE 12 DECEMBER 16, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 16, 2003 PUBLIC HEARINGS AND TIMED ITEMS 03-355 Continued Public Hearing - Lot Line Adjustment and Certificate of Merger Appeal - Russell T. Erickson - consideration of an appeal of a denial of a Lot Line Adjustment and Certificate of Merger to reconfigure two existing lots located on the south side of Wilson Landing Road at the railroad crossing, approximately 3,700 feet west of Hamilton Nord-Cana Highway, in the Nord area, and identified as APN 047-150-004 and 005 - action requested - STAFF IS REQUESTING THE BOARD DENY THE APPEAL, FINDING THAT APPROVAL OF THIS MERGER WOULD VIOLATE THE TERMS OF THE EXISTING CALIFORNIA LAND CONSERVATION ACT (CLCA) AGREEMENT. IN ADDITION, THE NEW NORTHEAST PARCEL DOES NOT PROVIDE THE 300 FOOT AGRICULTURAL BUFFER NECESSARY FOR RESIDENTIAL DEVELOPMENT, DOES NOT CONFORM TO THE EXISTING A-40 ZONING, AND DOES NOT CONFORM TO THE ORCHARD AND FIELD CROPS GENERAL PLAN DESIGNATION. (***552) PUBLIC HEARING RECONVENED AT 1:39 P.M., AND CONTINUED OPEN TO JANUARY 13, 2004, AT 11:30 A.M. 03-356 Public Hea which will increasing Court of requested (***689) ring - Law Library Fees - consideration of an ordinance amend Article X of Chapter 3 of the Butte County Code, the Law Library Fee paid by litigants in the Superior California, County of Butte, by $3.00 - action - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. PUBLIC HEARING COMMENCED: 1:43 P.M. PUBLIC HEARING CLOSED: 1:47 P.M. MOTION: I MOVE TO ADOPT ORDINANCE 3866 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 03-357 Public Hearing - Appeal of Conditions of a Tentative Parcel Map - Edward Niderost - consideration of an appeal of 3 conditions of approval on a Tentative Parcel Map to divide a 2-acre parcel into (2) 1-acre parcels. This is an item on which notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given. The property is zoned AR-1 (Agricultural Residential - 1 acre parcels) and is located on the north side of Butte Avenue, at the intersection of Butte Avenue and Northgraves Avenue, Chico, and is identified as APN 004-490- 020 (MM [TPM 03-20]) - action requested - STAFF RECOMMENDS THE BOARD FIND THE PROJECT CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN AND ORDINANCES, AND TAKE THE FOLLOWING ACTIONS: 1. DENY THE APPEAL TO ELIMINATE CONDITION 4; 2. DENY THE APPEAL TO ELIMINATE CONDITION 23; AND 3. DENY THE APPEAL TO MODIFY CONDITION 9. (***763) MINUTES PAGE 13 DECEMBER 16, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 16, 2003 03-357 PUBLIC HEARING COMMENCED AT 1:48 P.M. AND CONTINUED OPEN TO JANUARY 13, 2004, AT 1:00 P.M., TO ALLOW STAFF ADDITIONAL TIME TO ADDRESS ISSUES REGARDING THE 300 FOOT AGRICULTURAL SETBACK. 03-358 Timed Item - Presentation and Discussion of the Updated Housing Element of the General Plan - presentation by consultants, presentation of comments received from stakeholder and Planning Commission meetings, and discussion of the updated housing element - action requested - DIRECT STAFF TO REVISE THE PROPOSED ELEMENT; AND DIRECT STAFF TO FORWARD THE DOCUMENT TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR REVIEW AND COMMENT. (***1820) (****00) BOARD DIRECTION TO STAFF TO FORWARD THE UPDATED HOUSING ELEMENT TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR REVIEW AND COMMENT. 03-359 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 RECOMMENDS THE BOARD: 1. DENY THE APPEAL, FINDING THAT APPROVAL OF THIS PROPOSAL WOULD NOT BE IN CONFORMANCE WITH THE ZONING AND GENERAL PLAN CRITERIA; OR 2. DIRECT THE APPLICANT TO SUBMIT A REVISED APPLICATION FOR REVIEW, WHICH ENLARGES THE EASTERLY PARCEL TO INCORPORATE THE ENTIRE SEWAGE DISPOSAL SYSTEM ON THE SAME PROPERTY AS THE RESIDENCE BEING SERVED, IN CONFORMANCE WITH THE PROVISIONS OF THE BUTTE COUNTY CODE AND SUBDIVISION MAP ACT. (FROM 12- 2-03 [5.05] ) (****1321) PUBLIC HEARING RECONVENED AT 3:30 P.M., AND CONTINUED OPEN TO JANUARY 27, 2004, AT 10:30 A.M., TO ALLOW CONSIDERATION OF THE PROPOSED LOT LINE AND MERGER ORDINANCE BEFORE ACTION IS TAKEN ON THIS ITEM. REGULAR AGENDA 03-360 Items Removed from the Consent Agenda for Board consideration and Action. (****1504) (NONE) PUBLIC COMMENT 03-361 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. (****1515) (NONE) MINUTES PAGE 14 DECEMBER 16, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -DECEMBER 16, 2003 ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 3:35 P.M., TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, JANUARY 27, 2004, 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 15 DECEMBER 16, 2003