HomeMy WebLinkAboutA012803BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
JANUARY 28, 2003
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County Supervisors
R.J. "Bob" Beeler, District 1
Jane Dolan, District 2
Mary Anne Houx, District 3
Curt Josiassen, District 4
Kim Yamaguchi, District 5
Paul McIntosh, Chief Administrative Bruce Alpert, County Counsel
Officer and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS
9:00 A.M. 1.00
1.01
1.02
1.03
2.01
CALL TO ORDER
Call to Order
Administration
Oroville.
AGENDA -JANUARY 28, 2003
- Board of Supervisors Room, County
Building, 25 County Center Drive,
Pledge of Allegiance to the Flag of the United States of
America.
Invocation - Reverend Norm Gardner, The Rock Fellowship,
Magalia.
Corrections and/or Changes to the Agenda.
3.00 CONSENT AGENDA
AGRICULTURE 3.01 * Accept Unanticipated Revenue - approval is requested to
accept and appropriate an additional $63,737 in Glassy-
Winged Sharpshooter activity funds. The department
included $50, 000 in its fiscal year 2002-2003 budget and
has received notice that the final award will be
$113,737. The additional funds will be utilized to
support trapping, monitoring, inspecting and treatment
activities - action requested - APPROVE BUDGET TRANSFER
B-238 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT.
3.02 * Agricultural State of Disaster - approval is requested
to ratify a letter signed by Chair Beeler on
January 21, 2003, requesting the United States Secretary
of Agriculture declare that an agricultural state of
disaster exists in Butte County as a result of damage to
crop trees caused by windstorms coupled with rain-soaked
grounds - action requested - RATIFY LETTER SIGNED BY THE
CHAIR REQUESTING AN AGRICULTURAL STATE OF DISASTER BE
DECLARED IN BUTTE COUNTY.
AUDITOR-
CONTROLLER 3.03 * Annual Audit Report for Fiscal Year 2001-2002 -
submitted is the annual Audit Report and Management
Report for the Fiscal Year Ended June 30, 2002. The
report was prepared by the audit firm of Bartig,
Basler & Ray, Certified Public Accountants - action
requested - ACCEPT FOR INFORMATION.
BEHAVIORAL
HEALTH 3.04 * Accept Unanticipated Revenue - Youth Development and
Crime Prevention Grant - approval is requested to accept
and appropriate $32,633 in unexpended fiscal year 2001-
2002 Youth Development and Crime Prevention Grant funds.
The department has received notice that it has until
September 30, 2003, to utilize the funds - action
requested - APPROVE BUDGET TRANSFER B-236 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
PAGE 1 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - .TANIIARY 28, 2003
3.05 * Accept Unanticipated Revenue - Medi-Cal Managed Care
Allocation - approval is requested to accept and
appropriate $130,887 in additional Medi-Cal Managed Care
Allocation funds for fiscal year 2002-2003. The
additional funds will be utilized to support day
treatment programs and client transportation services.
The department is also planning to utilize $19,195 for
the purchase of a filing system to store confidential
client files and Board approval is also requested for
the fixed asset purchase - action requested - APPROVE
BUDGET TRANSFER B-239 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF
FILING SYSTEM IN THE AMOUNT OF $19,195.
3.06 * North Valley Parent Education Network - Amendment -
approval is requested for an amendment to the agreement
with North Valley Parent Education Network for the
provision of outpatient drug-free individual counseling
and education groups. The amendment reduces the maximum
amount payable by $3,613.50 and revises the program
budget to reflect the decrease. 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. X13676)
3.07 * Tri-County Treatment - Amendment - approval is requested
for an amendment to the agreement with Tri-County
Treatment for the provision of short-term residential
recovery services. The amendment increases the maximum
amount payable by $72,892.85 (department budget) and
revises the service summary to reflect the increase.
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. X13766)
3.08 * Oroville Hospital - Amendment - approval is requested
for an amendment to the agreement with Oroville Hospital
for the provision of initial medical evaluation services
for individuals prior to admission to the County's
Psychiatric Health Facility. The amendment revises the
contract language under the Description of Services and
Requirements section, and the Authorizations and
Consultation/Evaluation Requests section. 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. X13910)
PAGE 2 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 28, 2003
3.09 * Right Road Recovery Programs, Inc. - Amendment -
approval is requested for an amendment to the agreement
with Right Road Recovery Programs, Inc., for the
provision of outpatient drug-free individual counseling
and short-term residential treatment services. The
amendment decreases the maximum amount payable by
$8,340, and revises the service summary to reflect the
decrease. 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. X13719)
3.10 * Cherokee Restoration Fellowship - Amendment - approval
is requested for an amendment to the agreement with
Cherokee Restoration Fellowship for the provision of
residential treatment services for drug and alcohol
abuse. The amendment increases the maximum amount
payable by $23,759.69 (department budget) and revises
the service summary to reflect the increase. 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. X13745)
3.11 * Youth For Change - Amendment - approval is requested for
an amendment to the agreement with Youth For Change for
the provision of specialty mental health services, a day
rehabilitation program and medication support to
adolescent clients receiving Medi-Cal benefits. The
amendment decreases the maximum amount payable by $6,000
and revises the financial summary to reflect the
decrease. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13782)
CHIEF
ADMINISTRATIVE
OFFICE 3.12 * Interim Director - Department of Public Health - Gary
House, Director of Public Health, has announced his
retirement effective March 28, 2003. Mr. House intends
to leave County employment sometime later this month and
utilize accrued vacation until his retirement date. The
Chief Administrative Officer is recommending the Board
appoint Jim Botill, Assistant Director of Public Health,
as Interim Director, at the benchmark salary for the
position, until a permanent replacement has been made -
action requested - APPOINT JIM BOTILL AS THE INTERIM
DIRECTOR OF THE PUBLIC HEALTH DEPARTMENT, AT THE
BENCHMARK SALARY FOR THE POSITION, EFFECTIVE UPON THE
DEPARTURE OF GARY HOUSE ON VACATION AND TERMINATING UPON
THE EMPLOYMENT OF A FULL-TIME DIRECTOR.
PAGE 3 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 28, 2003
3.13 * 2003 Legislative/Regulatory Platform - consideration of
the adoption of the 2003 Legislative/Regulatory Platform
as amended by Board direction at the meeting of
December 10, 2002 - action requested - ADOPT 2003
LEGISLATIVE/REGULATORY PLATFORM AS PRESENTED.
CLERK OF
THE BOARD 3.14 * Durham Mosquito Abatement District - action
requested - APPOINT THOMAS F. VANELLA, TRUSTEE, TO A
VACATED TERM TO END DECEMBER 31, 2006.
3.15 * Animal Control Advisory Board - action requested -
APPOINT CATHY AUGROS, BUTTE HUMANE SOCIETY
REPRESENTATIVE.
3.16 * Butte County Fair Board - action requested - REAPPOINT
CLARENCE WILLIAMS AND GARY ANDES, DISTRICT 4
REPRESENTATIVES, TO TERMS TO END JANUARY 8, 2007.
EMPLOYMENT
AND SOCIAL
SERVICES 3.17 * Northern Valley Catholic Social Service - Amendment -
approval is requested for an amendment to the agreement
with Northern Valley Catholic Social Service for Cal-
Learn Program case management services. The amendment
increases the monthly rate for case management by $56
per case. The maximum amount payable for the agreement
is not increased and all other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X11259)
3.18 * Northern Valley Catholic Social Service - Amendment -
approval is requested for an amendment to the agreement
with Northern Valley Catholic Social Service for the
provision of counseling and assessment services to
Children's Services clients. The amendment increases
the maximum amount payable by $75,000. To fund the
agreement the department is requesting the Board approve
the appropriation of $75,000 in unanticipated Federal
Temporary Assistance for Needy Families (TANF) Welfare
Performance Incentive funds, and to encumber that amount
in the CalWORKs budget unit for payment of the
agreement - action requested - APPROVE BUDGET TRANSFER
B-230 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED FEDERAL TANF REVENUE AS DETAILED IN THE
AGENDA REPORT; AND APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13635)
PAGE 4 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - .TANIIARY 28, 2003
3.19 * Private Industry Council - Amendment - approval is
requested for an amendment to the agreement with the
Private Industry Council for the provision of employment
services and activities for CalWORKs participants. The
amendment increases the maximum amount payable by
$500,000. To fund the agreement the department is
requesting the Board approve the appropriation of
$500,000 in unanticipated Federal Temporary Assistance
for Needy Families (TANF) Welfare Performance Incentive
funds, and to encumber that amount in the CalWORKs
budget unit for payment of the agreement - action
requested - APPROVE BUDGET TRANSFER B-231 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
FEDERAL TANF REVENUE AS DETAILED IN THE AGENDA REPORT;
AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract No. X13305)
3.20 * Butte County Department of Behavioral Health -
Memorandum of Understanding - Amendment - approval is
requested for an amendment to the Memorandum of
Understanding with the Behavioral Health Department for
the provision of substance abuse and mental health
treatment services for CalWORKs participants. The
amendment extends the term of the agreement through
June 30, 2003, sets the maximum amount payable for
fiscal year 2002-2003 at $1,236,408 (department budget)
and includes language regarding domestic violence
services for CalWORKs participants. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X10903)
FIRE 3.21 * Volunteer Fire Assistance Grant - approval is requested
for a grant agreement with the State Department of
Forestry and Fire Protection for $6,000 from the
Cooperative Forestry Assistance Act, Volunteer Fire
Assistance Program. The grant funds will be utilized to
purchase pagers for volunteer firefighters. The grant
program is for a total of $12,000 and requires a County
match of $6,000 (department budget) - action requested -
ADOPT RESOLUTION APPROVING GRANT AWARD AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN (AGREEMENT SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER).
(Contract No. X40424)
GENERAL
SERVICES 3.22 * Superior Court of California, County of Butte -
Courthouse Expansion Project Budget Transfer - approval
is requested to accept and appropriate $37,419 from the
Superior Court of California, County of Butte to the
Courthouse Expansion budget unit to provide an
appropriation to pay for architectural and civil
engineering services for the courthouse expansion
project - action requested - APPROVE BUDGET TRANSFER
B-241 (4/5 vote requested) ACCEPTING AND APPROPRIATING
UNANTICIPATED COURT REVENUE AS DETAILED IN THE AGENDA
REPORT .
PAGE 5 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 28, 2003
3.23 * State of California, Board of Corrections - Amendment -
approval is requested for an amendment to the revenue
agreement with the State of California, Board of
Corrections for funds for the construction of the new
juvenile hall. The amendment extends the term of the
agreement to May 31, 2003, which is the revised
construction completion date. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. R40313)
HUMAN
12ESOUizcES 3.24 * Resolution to Amend the Salary Ordinance - a resolution
has been prepared to amend the salary ordinance as
follows: AUDITOR-CONTROLLER - adds one sunset position
of Senior Account Clerk (ending June 30, 2003).
PROBATION-JUVENILE HALL - adds one sunset position of
Supervisor-Juvenile Hall (ending June 30, 2003).
PROBATION - adds two flexibly staffed positions of
Probation Officer III/II/I and one flexibly staffed
position of Legal Secretary I/Legal Typist Clerk.
Deletes one flexibly staffed position of Information
System Analyst II/I/Information Systems Technician III
and adds one flexibly staffed position of Information
Systems Analyst III/II/I. INFORMATION SYSTEMS - deletes
one position of Information Systems Technician II and
adds one flexibly staffed position of Information
Systems Technician III/II/I. ADMINISTRATIVE-CENTRAL
COMMUNICATIONS - deletes one flexibly staffed position
of Office Assistant III/II/I and adds one flexibly
staffed position of Administrative Services
Assistant/Principal Clerk/Office Assistant III/II/I -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
3.25 * Memoranda of Understanding - Employee Bargaining Units -
approval is requested for successor Memoranda of
Understanding with the Butte County Management Employees
Association, Butte County Correctional Officers
Association, Communication Workers of America-Social
Services Unit, Butte County Probation Peace Officers
Association, and Butte County Professional Employees
Association, and an amendment to the Memorandum of
Understanding with the Butte County Employees
Association that contain the following major provisions:
1) an increase in County contribution to the employee
health premiums effective January 1, 2003; 2) a 2.50
cost of living allowance increase effective
September 28, 2002; 3) a reopening clause upon
implementation of the countywide classification/
compensation study; and 4) a term for the new
agreements through September 30, 2003 - action
requested - APPROVE AGREEMENTS AND AMENDMENT TO
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 6 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - .TANIIARY 28, 2003
3.26 * Resolution to Amend the Salary Ordinance - a resolution
has been prepared to amend the salary ordinance to
include changes resulting from the approval of the
memoranda of understanding with employee bargaining
units as follows: SALARY PLAN FOR CLASSIFIED POSITIONS -
the tables are revised to reflect a 2.5o cost of living
allowance increase effective September 28, 2002. SALARY
PLAN FOR ELECTED AND APPOINTED OFFICIALS, REFERENCE E,
APPOINTED OFFICIALS WITH BI-WEEKLY RANGE ASSIGNMENTS -
adjusts the following salary ranges, effective
September 28, 2002: Supervisor's Administrative
Assistant I ($992-$1,206); Supervisor's Administrative
Assistant II ($1,092-$1,327); and Supervisor's Clerical
Aide ($666-$810) - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
3.27 * Personnel Rules - Amendments - approval is requested for
a resolution which will amend the Personnel Rules as
approved through contract negotiations with employee
bargaining units - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
3.28 * Appointed and Elected Department Head Benefits -
approval is requested for a resolution which will
increase the accrual rate for Administrative Leave from
5 days to 7 days per year for appointed and elected
department heads as a result of the benefit being
increased for members of the Butte County Management
Employees Association - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
LIBRARY 3.29 * Library Literacy Program Gift of Funds - pursuant to
Government Code Section 25355, a gift of $1,000 has been
received from the Wal-Mart Foundation for the Library
Literacy Program. The funds will be utilized to
purchase a video camera to enhance the tutor training
program - action requested - ACCEPT GIFT AND AUTHORIZE
A LETTER OF APPRECIATION; AND APPROVE BUDGET TRANSFER
B-240 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT.
3.30 * Donations for Books - pursuant to Government Code
Section 25355, donations of $1,000 from the Paradise
Friends of the Library, $300 from Barry Layton, and $100
from David and Corliss Payne have been received for the
Butte County Trust Fund for the purchase of books -
action requested - ACCEPT DONATIONS AND AUTHORIZE
LETTERS OF APPRECIATION.
PAGE 7 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - .TANIIARY 28, 2003
PUBLIC
HEALTH 3.31 * California Family Health Council, Inc. - approval is
requested for a grant agreement with California Family
Health Council, Inc., for funds to continue a Peer
Provider Program at the clinic located on Table Mountain
Boulevard, Oroville. The term of the grant is
January 1, 2003, through December 31, 2003, with a
maximum amount payable to the County of $100,000. Board
approval is requested to accept and appropriate $14,000
into the current fiscal year budget, with the remaining
funds to be appropriated in fiscal year 2003-2004 -
action requested - APPROVE GRANT AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER
B-237 (4/5 vote required) ACCEPTING AND APPROPRIATING
$14,000 INTO THE CURRENT FISCAL YEAR BUDGET.
3.32 * California Department of Health Services - Amendment -
approval is requested for an amendment to the revenue
agreement with the California Department of Health
Services for funds to assess public drinking water
supply sources. The amendment provides for budgetary
shifts between fiscal years and budgetary line item
shifts, but does not alter the term or the maximum
amount payable. 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. R40162)
3.33 * American Lung Association and Butte County Office of
Education - Amendments - approval is requested for
amendments to the agreements with the American Lung
Association and the Butte County Office of Education for
the provision of tobacco education and smoking cessation
activities. The proposed amendments will allow the
contractors to make minor budget adjustments without
going through the contract amendment process. All other
terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENTS AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract Nos. X13648 and
X13649)
3.34 * Private Industry Council - approval is requested for an
agreement with the Private Industry Council for the
provision of teen staff to work in the Teen Clinic
located in the Public Health Clinic on Table Mountain
Boulevard, Oroville. The term of the agreement is
January 1, 2003, through December 31, 2003, with a
maximum amount payable of $28,000. Funding for the
agreement is provided by grant funds from the California
Health Council, Inc. - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 8 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 28, 2003
3.35 * California Department of Health Services - Amendment -
approval is requested for an amendment to the revenue
agreement with the California Department of Health
Services for funds to support the TeenSMART Outreach
Program. The amendment extends the term of the
agreement through June 30, 2003, revises the scope of
work to included the extended year, and increases the
maximum amount payable by $77,500 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. R40104)
PUBLIC WORKS 3.36 * Setting of a Public Hearing - County Service Area (CSA)
No. 135, Zone 2 (Keefer Creek Estates, Zone 2) -
consideration of a resolution directing commencement of
procedures to impose increased annual services charges
in County Service Area No. 135, Zone 2, and setting a
public hearing for a protest hearing for March 25, 2003,
at 10:30 a.m. The increase is needed in response to an
increase in fees for wastewater discharge permits issued
by the State Water Resources Control Board - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.37 * Setting of a Public Hearing - Consideration of a
Petition to Abandon a Portion of Crown Point Road - the
County has received a request to abandon the northerly
portion of Crown Point Road, northeast of State
Highway 32 in the Forest Ranch area. Approval of the
request was recommended by the Planning Commission on
January 9, 2003, and Board approval is requested for a
resolution setting a public hearing for consideration of
the matter for February 25, 2003, at 10:30 a.m. - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.38 * Bicycle/Pedestrian Easement - Quitclaim to the City of
Chico - the City of Chico has requested the County
approve the conveyance of a bicycle/pedestrian easement
between Shasta Avenue and the properties to the north to
the City of Chico. The easement has never been used by
the County and the area was annexed by the City of Chico
in 1995. The City has tentatively approved a
subdivision at the northerly end of the easement with a
condition that a bicycle path be installed between the
subdivision and Shasta Avenue. Conveyance of the
easement is in support of this project - action
requested - APPROVE CONVEYANCE OF EASEMENT TO THE CITY
OF CHICO AND AUTHORIZE THE CHAIR TO SIGN QUITCLAIM DEED.
PAGE 9 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 28, 2003
3.39 * Resolution Correcting Standards RS-2, RS-8-LDII, NCSP-3,
NCSP-4, S-1 and 5-38 Pursuant to Chapter 20 of the Butte
County Code - on June 11, 2002, the Board adopted
Resolution 02-104 approving the codified version of the
Butte County Improvement Standards. Following adoption
of the resolution errors were discovered that require
correction - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
TREASURER-
TAx COLLECTOR 3.40 * Butte County Office of Education - Bond Issuance for
Oroville City Elementary School District - approval is
requested by the Butte County Office of Education to
issue general obligation bonds for the Oroville City
Elementary School District. Pursuant to Government Code
Section 53853, the notes must be issued in the name of
the Office of Education by the Board of Supervisors.
The Butte County Office of Education is requesting the
County authorize the issuance of General Obligation
Bonds not to exceed $6,000,000. The bonds will be a
general obligation of the Butte County Office of
Education and the County has no fiduciary responsibility
as to the repayment of these bonds - action requested -
ADOPT RESOLUTION AUTHORIZING THE ISSUANCE OF GENERAL
OBLIGATION BONDS FOR THE OROVILLE CITY ELEMENTARY SCHOOL
DISTRICT, ELECTION 2002, SERIES 2003 AND AUTHORIZE THE
CHAIR TO SIGN.
3.41 * Monthly Investment Report - submitted is the Monthly
Investment Report for December 31, 2002, pursuant to the
Butte County Statement of Investment Policy dated
July 1, 2002 - action requested - ACCEPT FOR
INFORMATION.
4.00 REGULAR AGENDA
APPOINTMENTS 4 . 01 Appointments to Boards, COmm1SS10T1S and Committees .
* 1. Appointments to Listed Vacancies.
* 2. Butte County Water Commission - action
requested - APPOINT RAY AUERBACH, DISTRICT 5
REPRESENTATIVE, TO A VACATED TERM TO END
JANUARY 10, 2005.
BUDGET AND
LEGISLATIVE
UPDATE 4.02 Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
PAGE to JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 28, 2003
PRESENTATION
AND DISCUSSION
ITEMS
4.03 * Bioterrorism Preparedness and Response - Smallpox
Vaccinations - Report to the Board - update on current
program goals and activities related to bioterrorism
preparation, including smallpox vaccine administration -
action requested - ACCEPT FOR INFORMATION. (PUBLIC
HEALTH)
4.04 * Help America Vote Act of 2002 - presentation to the
Board on the impact of recently enacted federal
legislation on Butte County - action requested - MODIFY
2003 LEGISLATIVE PLATFORM TO INCLUDE LOBBYING FOR
FUNDING FOR FEDERAL MANDATES. (COUNTY CLERK-RECORDER-
REGISTRAR OF VOTERS)
4.05 * An Ordinance Amending Chapter 31 of the Butte County
Code, Entitled "Solid Waste Collection, Management, and
Recycling", and Amending Sections 26-12 and 26-12.1 of
Chapter 26 of the Butte County Code, Entitled
"Buildings" - consideration of an ordinance which will
amend the Code to reflect the County's need to better
control the manner in which waste services are provided
to County residents and to direct the flow of waste to
County designated facilities - action requested - WAIVE
READING OF THE ORDINANCE. (PUBLIC WORKS [FROM 1-14-03
/4.06] )
4.06 * Facilities Master Plan Steering Committee -
consideration of the formation of a Facilities Master
Plan Steering Committee to provide guidance in decisions
regarding the provision of facilities for County
operations - action requested:
1. ADOPT RESOLUTION CREATING STEERING COMMITTEE AND
AUTHORIZE THE CHAIR TO SIGN;
2. APPOINT TWO BOARD MEMBERS TO SERVE ON THE
COMMITTEE; AND
3. APPOINT TEN CITIZENS, TWO NOMINATED BY EACH BOARD
MEMBER, TO SERVE ON THE COMMITTEE. (CHIEF
ADMINISTRATIVE OFFICER)
PAGE ll JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 28, 2003
4.07 * Community Health Care Ordinance - Proposed Amendments
and Direction - consideration of amendments to the
County's Community Health Care Ordinance requested by
the Butte County Children and Families Commission,
directing inclusion of the ordinance into the Butte
County Code, and clarifying the manner by which
appointments for outside agencies are made, and Board
direction on implementation of the Advisory Commission's
duties - action requested - DIRECT PREPARATION OF AN
AMENDED ORDINANCE AND PROVIDE STAFF DIRECTION ON STEPS
TO BE TAKEN TO IMPLEMENT COMMITTEE ACTIVITIES. (CHIEF
ADMINISTRATIVE OFFICER)
4.08 * Berry Creek Rancheria Proposed Expansion to the Gold
Country Casino - discussion and recommendations on
mitigation of identified off-reservation impacts of the
proposed expansion of the Gold Country Casino - action
requested:
1. APPOINT A BOARD SUBCOMMITTEE TO ENGAGE IN
NEGOTIATIONS WITH THE LEADERSHIP OF THE TYME MAIDU
TRIBE OF THE BERRY CREEK RANCHERIA IN ORDER TO
SEEK MITIGATION OF THE OFF-RESERVATION IMPACTS OF
THE PROPOSED PROJECT;
2. AUTHORIZE THE CHAIR TO SIGN A LETTER TO THE
GOVERNOR AND STATE ATTORNEY GENERAL EXPRESSING
GRAVE CONCERNS OVER THE FAILURE OF THE TRIBE TO
RECOGNIZE AND MITIGATE OFF-RESERVATION IMPACTS OF
THE PROPOSED PROJECT AND SEEKING AN INJUNCTION BY
THE STATE OVER THE PROJECT;
3. SEEK THE PARTICIPATION OF THE COUNTY IN THE
NEGOTIATIONS OF COMPACTS WITH TRIBES LOCATED OR
OPERATING INDIAN GAMING FACILITIES WITHIN THE
COUNTY; AND
4. SUPPORT THE CALIFORNIA STATE ASSOCIATION OF
COUNTIES IN PURSUIT OF A STATEWIDE RESOLUTION TO
SIMILAR ISSUES BEING EXPERIENCED BY COUNTIES
THROUGHOUT CALIFORNIA. (CHIEF ADMINISTRATIVE
OFFICER)
PAGE 12 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 28, 2003
4.09 * Operation of Neal Road Landfill - consideration of the
actions necessary to assume operation of the Neal Road
Landfill upon termination of the contract with Waste
Management - action requested:
1. DIRECT THE DEPARTMENT OF PUBLIC WORKS TO UNDERTAKE
THE OPERATION OF THE NEAL ROAD LANDFILL UPON
TERMINATION OF THE CONTRACT WITH WASTE MANAGEMENT;
2. APPROVE PROPOSED BUDGET EXPANSION OF THE NEAL ROAD
LANDFILL FUND 757 (BUDGET TRANSFER B-242 [4/5 vote
required]) INCLUDING THE SPECIFIC APPROPRIATION OF
FUNDS AND UNANTICIPATED REVENUES; AND APPROVE
PURCHASE OF FIXED ASSETS AS SHOWN IN THE BUDGET
EXPANSION REQUEST INCLUDED IN THE AGENDA REPORT;
3. AUTHORIZE THE TREASURER TO SECURE FINANCING FOR
THE LEASE OF NEEDED EQUIPMENT FOR THE LANDFILL
OPERATION AND TO EXECUTE ALL ASSOCIATED DOCUMENTS;
AND
4. ADOPT RESOLUTION ESTABLISHING A CHANGE FUND OF
$1,000 FOR THE NEAL ROAD LANDFILL AND AUTHORIZE
THE CHAIR TO SIGN. (PUBLIC WORKS)
4.10 * Groundwater Management:
1. Discussion and direction regarding integrated
groundwater management plan ordinance - action
requested - DISCUSSION AND STAFF DIRECTION.
(WATER AND RESOURCE CONSERVATION/COUNTY COUNSEL)
2. Discussion and direction regarding creation of an
entity for groundwater management - action
requested - DISCUSSION AND STAFF DIRECTION.
(WATER AND RESOURCE CONSERVATION/COUNTY COUNSEL)
4.11 * Items Removed from the Consent Agenda for Board
Consideration and Action.
PAGE 13 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 28, 2003
5.00 PUBLIC HEARINGS AND TIMED ITEMS
10:30 A.M. 5.01 Continued Public Hearing - Larry Bradley - Tentative
Parcel Map - consideration of an appeal of the
Development Review Committee's denial of a Tentative
Parcel Map to divide a 34.6 acre parcel into three
parcels of 10.3, 10.6 and 13.6 +/- acres on property
zoned A-10 (Agricultural - 10 acre parcels). This is a
project on which notice of intent to adopt a negative
declaration with mitigation measures regarding
environmental impacts has been given. The property is
located on the northwest corner of Durham-Dayton Highway
and Esquon Road, Durham, and identified as APN 040-150-
112 (CS [T PM 02-23]) - action requested - STAFF
RECOMMENDS THE BOARD TAKE ONE OF THE FOLLOWING TWO
ACTIONS:
1. SHOULD THE BOARD, AFTER CONSIDERING ALL EVIDENCE
AND TESTIMONY, DECIDE TO DENY THE APPEAL AND THE
PROJECT, THE FOLLOWING ACTION SHOULD BE TAKEN:
A. SUBJECT TO FINDING I(A) AS DETAILED IN THE
STAFF REPORT DATED OCTOBER 8, 2002, DENY THE
REQUEST FOR A TENTATIVE PARCEL MAP FOR LARRY
BRADLEY, APPLICATION TPM 02-23; OR
2. SHOULD THE BOARD FIND THAT THE PROJECT IS
CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN, THE
FOLLOWING ACTIONS SHOULD BE TAKEN:
A. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN
THE STAFF REPORT DATED OCTOBER 8, 2002,
ADOPT A MITIGATED NEGATIVE DECLARATION;
(Continued on Page 15)
PAGE 14 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 28, 2003
5.01 2. B. 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(d) AND 14 CCR
753.5, AS THE PROJECT SITE IS NOT KNOWN TO
CONTAIN ANY SPECIES IDENTIFIED AS CANDIDATE,
SENSITIVE, OR SPECIAL STATUS SPECIES IN
LOCAL OR REGIONAL PLANS, POLICIES, OR
REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT
OF FISH AND GAME OR THE UNITED STATES
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; AND
C. SUBJECT TO FINDINGS III(A-F) AS DETAILED
IN THE STAFF REPORT DATED OCTOBER 8, 2002,
AND THE CONDITIONS OF APPROVAL IDENTIFIED AS
EXHIBIT "A" IN THE STAFF REPORT DATED
OCTOBER 8, 2002, APPROVE TENTATIVE
SUBDIVISION MAP 02-23 FOR LARRY BRADLEY.
(FROM 1-14-03 [5.01])
PAGE 15 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 28, 2003
11:00 A.M. 5.02 * Timed Item - Consideration of a Mitigated Negative
Declaration Regarding Environmental Impacts for the
Proposed Project for the Construction of the Ord Ferry
Road Bridge Across the Sacramento River - County Project
Number 42071-97-1 - the proposed project is a seismic
retrofit of State Bridge 12C-120 on Ord Ferry Road
across the Sacramento River approximately seven miles
south of Hamilton City and 10 miles west of the City of
Chico. State Bridge 12C-120 is a nine-span reinforced
box girder having a total length of 1308 feet and width
of 32 feet 7 inches. The structure is supported on
round columns founded on driven pile-supported footings.
The structure has been deemed by the State to be
inadequate for the seismic region in which it is
located. The California Environmental Quality Act
requires an environmental analysis of all projects that
are not categorically exempt from analysis and which may
have an effect on the environment - action requested:
1. FIND THAT THE ORD FERRY ROAD BRIDGE ACROSS THE
SACRAMENTO RIVER, BUTTE COUNTY PROJECT 42071-97-1
COULD HAVE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT; AND
2. SUBJECT TO FINDINGS II(A AND B) AS DETAILED IN THE
STAFF REPORT DATED JANUARY 13, 2003, ADOPT THE
NEGATIVE DECLARATION REGARDING ENVIRONMENTAL
IMPACTS, WITH MITIGATIONS 1-16 AS DETAILED IN THE
STAFF REPORT DATED JANUARY 13, 2003, AND AUTHORIZE
THE CHAIR TO SIGN THE NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACTS (APPENDIX G).
F) . OO PUBLIC COMMENT
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.)
PAGE 16 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 28, 2003
7.00 CLOSED SESSION
7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) BARDEN V. CITY OF SACRAMENTO 292 F.3d 1073
(9TH Cir. 2002)
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(c) ONE POTENTIAL CASE.
7.03 PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS PURSUANT TO
GOVERNMENT CODE SECTION 54957: CHIEF PROBATION OFFICER
AND DIRECTOR-DEVELOPMENT SERVICES.
PAGE 17 JANUARY 28, 2003
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meeting Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are
held in the Board of Supervisors Chambers, County Admini stration Building, 25 County Center Drive, Oroville.
At the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be
changed as a result of holidays or other events so please check the meeting calendar to be certain. Copies of
the adopted meeting calendar for the year are available in the County Administrative Office or at the Clerk of
the Board website at www.buttecounty.net/cob.
Agenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72
hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the
Board website. A copy of the agenda and supporting materials provided to the Board of Supervisors members
to explain each agenda item (excluding documents that are not a public record within the meaning of the Public
Records Act) are available for your review at the County Administrative Office, the Chico, Oroville, and
Paradise libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies
of supporting materials can be made for you at a charge to cover costs. The list of communications included
with the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may
have been received but not included in the agenda supporting material. Copies of all communications received
by the Board of Supervisors (excluding documents that are not a public record within the meaning of the Public
Records Act) are available at the Administrative Office upon request. An (*) appearing before an agenda item
signifies that material has been provided to the Board of Supervisors members to explain that item.
Agenda Format and
Meeting Order: The agendais usually organized into the following areas and meetings generally proceed in the following order:
1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote
of the Board. If you wish to discuss any item on the ConsentAgenda you can either fill out a speaker
card (located in the back of the board room) and give it to the Clerk of the Board (sitting to the right
of the Board) or, when the Chair asks if there is anything anyone would like to remove from the
Consent Agenda, stand and approach the podium and request the item be removed. The removed
items are discussed at the end of the Regular Agenda.
2. Regular Agenda: this is where presentations to the Board and items that require full discussion are
heard. Items removed from the Consent Agenda are discussed under this section.
3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public
hearing are set. This is the section where appeals before the Board are usually discussed. Hearings
may start after the time listed, but will never start before the time listed.
4. Public Comment: this is the area of the agenda where members of the audience may address the
Board on any matter not listed on the agenda. The Board, by law, cannot take action on any matter
not listed on the agenda, but may respond to statements or questions and provide staff direction.
5. Closed Session: the Board is authorized, bylaw, to meet in a closed session in certain circumstances.
This area of the agenda identifies those items that will be discussed during the closed session.
Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow
members of the public the opportunity to comment on all matters before the Board. Public participation is
limited to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section
54954.3. The Board has adopted policy and procedures to facilitate the meeting process and conduct. A
complete listing of these policies and procedures can be found in the printed booklet agenda, obtained at the
County Administrative Office, or viewed at the Clerk of the Board website.
The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals
with special needs should call the Clerk of the Board at 530-538-7631, Monday through Friday, 8:00 a.m. to
5:00 p.m. to request disability-related modifications/accommodations or to request materials in alternate
formats. All requests for special accommodations and/or alternative format documents must be made 48 hours
prior to the meeting.
For further information contact the: Clerk of the Board of Supervisors
County Administrative Office
25 County Center Drive, Oroville, CA 95965
530-538-7631
www.buttecounty.net/cob