HomeMy WebLinkAboutA022701BOARD OF SUPERVISORS
AGENDA
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
KIM YAMAGUCHI, 5th District
February 27, 2001
Time Item No.
9:00 A.m. 1.00 Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive,
Oroville.
2.00 Pledge of Allegiance to the Flag of the United
States of America.
2.01 Invocation - Pastor Dave Sweet, Calvary Chapel of
Paradise.
3.00 Consent A ecr nda
Minutes 3.01 * Approval of Minutes - action requested - APPROVE
MINUTES OF FEBRUARY 13, 2001.
Budget 3.02 * Budget Transfers - action requested - APPROVE BUDGET
Transfers TRANSFERS B-216 (PUBLIC WORKS/APPROPRIATION FOR
CONTINGENCIES [4/5 vote required]); B-213 (FIRE
DEPARTMENT/COMMUNITY COST SHARE TRUST FUND [4 /5 vote
required]); AND B-209 (SHERIFF'S OFFICE).
Appoint- 3.03 Emergency Medical Care Committee - action
ments requested - REAPPOINT JANET ELLIS, HOSPITAL
ADMINISTRATOR REPRESENTATIVE, TO A TERM TO END
JUNE 30, 2003.
Fixed 3.04 Conveyance of County Property - Fire Department -
Assets and Board approval is requested by the Fire Department
Facilities to convey a 1971 International Cabover 4070A Water
Tender (VIN No. Y026214) to the Durham Volunteer
Fire Department for disposal. The water tender,
donated to the County by the Durham Volunteer Fire
Company in 1989, will be replaced with the donation
of a new water tender. Notice of intention to
convey county property pursuant to Government Code
Sections 25365 and 6061 has been completed - action
requested - AUTHORIZE TRANSFER OF A FIXED ASSET
ITEM. (FROM 1-9-O1 [3.11])
Time Item No.
3.05 * Relief of Accountability - Public Health - Board
approval is requested by the Public Health
Department for relief of accountability for five
computers which were surplused as non-inventory
items or salvaged out for parts. The Auditor's
Office and the District Attorney have reviewed the
request - action requested - GRANT RELIEF OF
ACCOUNTABILITY.
3.06 * Fire Department - Utility Vehicles - Board approval
is requested by the Fire Department to purchase two
utility vehicles in the amount of $26,000 each. The
vehicles will replace two older vehicles which are
in constant disrepair. The Fire Department is
proposing to purchase the vehicles utilizing current
department funds, and Board approval is requested
for a budget transfer to provide the necessary
funding - action requested - APPROVE BUDGET TRANSFER
B-211 (4/5 vote required); AND APPROVE PURCHASE OF
TWO UTILITY VEHICLES IN THE AMOUNT OF $26,000 EACH.
3.07 * Sheriff's Office - Aviator Night Vision Imaging
System - Board approval is requested by the
Sheriff's Office for the sole source purchase of two
AVS-9 Aviator Night Vision goggles, two flight
helmets, and Federal Aviation Administration (FAA)
approved training for two Sheriff's Office pilots.
The total cost of equipment and training is $27,139,
and Board approval is requested for a budget
transfer from the Asset Seizure Trust Fund to
provide funding for the purchase. Board approval is
also requested for the sole source purchase of the
equipment and training from Aviation Specialities
Unlimited, Inc., of Boise, Idaho, as they provide
both the equipment and the FAA approved training -
action requested - APPROVE SOLE SOURCE PURCHASE OF
EQUIPMENT AND TRAINING; AND APPROVE BUDGET TRANSFER
B-196 (4 /5 vote required).
Audit and 3.08 * Monthly Investment Report - the Treasurer-Tax
Finance Collector submits the January 31, 2001, report in
accordance with the Butte County Statement of
Investment Policy dated July 1, 2000 - action
requested - ACCEPT FOR INFORMATION.
3.09 * Relief of Accountability - Board approval is
requested by the Treasurer-Tax Collector, pursuant
to Government Code Section 29390, to approve a
relief of accountability for $30.00 missing from the
receipts of January 12, 2001. The Auditor-
Controller found no evidence of fraud or gross
negligence - action requested - GRANT RELIEF OF
ACCOUNTABILITY.
Page 2 February 27, 2001
Time Item No.
3.10 * Local Agency Formation Commission (LAFCo) - Budget
Augmentation - Board approval is requested by the
Local Agency Formation Commission to declare the
Board's intent to augment LAFCo's Fiscal Year
2000-2001 budget in the amount of $24,240, in
response to legislation enacted January 2, 2001, and
if deemed necessary by the LAFCo Executive Officer
and the Chief Administrative Officer - action
requested - DECLARE INTENT TO AUGMENT LAFCO FISCAL
YEAR 2000-2001 BUDGET IN THE AMOUNT OF $24,240, IF
NECESSARY.
3.11 * Justice Benefits, Inc. (JBI) - Board approval is
requested by the Sheriff's Office to accept and
appropriate unanticipated funds received as a result
of collection efforts by Justice Benefits, Inc.,
pursuant to the State Criminal Alien Assistance
Program. JBI has obtained $119,471 in funds under
the program, and Board approval is requested to
accept and appropriate the funds as follows:
transfer $26,283 to provide for payment of the
agreement with JBI; and transfer $45,021 to the
Sheriff's budget to provide for completion of the
Sheriff's Substation project. The Sheriff will
request the remaining $48,167 be appropriated later
this fiscal year for additional renovation
projects - action requested - APPROVE BUDGET
TRANSFER B-214 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE.
3.12 * California Law Enforcement Equipment Program - Board
approval is requested by the Sheriff's Office to
accept and appropriate $170,536 in grant funds
received from the State Controller's Office for the
California Law Enforcement Equipment Program. The
Sheriff's Office is proposing to combine the funds
with $45,021 received from Justice Benefits, Inc.,
to fund a project which will provide computer
capability to each of the Sheriff's Substations.
The project will allow deputies at the substations
to access the Records Management System, Computer
Aided Dispatch, and the Jail Management System.
Board approval is also requested to purchase the
equipment and software needed to complete the
project, as detailed in the agenda report, and to
authorize the Auditor-Controller to create a sub-
account to appropriate the funds into proper line
item areas - action requested - APPROVE BUDGET
TRANSFER B-215 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE; APPROVE
PURCHASE OF FIXED ASSET COMPUTER ITEMS IN SUPPORT OF
THE PROGRAM; AND AUTHORIZE THE CREATION OF A SUB-
ACCOUNT FOR THE PROJECT.
Page 3 February 27, 2001
Time Item No.
3.13 * Resolution Increasing Change Funds - Board approval
is requested by the Public Health Department for a
resolution which would increase the change funds for
the Chico Employment Center Health Clinic, the South
County Employment Center Health Clinic, and the
Chico Public Health Clinic from $50 to $100 to meet
the needs of the facilities - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.14 * Durham Irrigation District - Property Tax Exchange
Agreement - Board approval is requested for a
property tax exchange agreement with the Durham
Irrigation District (Durham Irrigation District
Overall Sphere Modification and Annexation) in which
no property tax exchange will occur as a result of
the annexation to the District - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Ordinances 3.15 Adoption of a Salary Ordinance Amendment - the
and Administrative Office has requested the Personnel
Resolutions Department prepare a salary ordinance amendment
which flexibly staffs the position classification of
Supervisor's Administrative Assistant to
Supervisor's Administrative Assistant II/I, and
applies the flexible staffing to the current
position allocations of Supervisor's Administrative
Assistant/Supervisor's Clerical Aide. Flexibly
staffing the positions will provide for enhanced
recruitment, and retention of experienced
personnel - action requested - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 2-13-O1 [3.25])
3.16 Adoption of a Salary Ordinance Amendment - the Local
Agency Formation Commission has requested the
Personnel Department prepare a salary ordinance
amendment which adds one position of Office
Assistant III/II/I to provide staff support for
changes resulting from legislation enacted
January 1, 2001 - action requested - ADOPT ORDINANCE
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-13-O1
[3.26] )
3.17 Adoption of a Salary Ordinance Amendment - the
Administrative Office has requested the Personnel
Department prepare a salary ordinance amendment
which will increase the salary range for the
position of Executive Secretary to the Chief
Administrative Officer by loo in response to a
class/compensation study -action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM
2-13-O1 [3.27] )
Page 4 February 27, 2001
Time Item No.
3.18 Adoption of a Salary Ordinance Amendment - the
Development Services Department has requested the
Personnel Department prepare a salary ordinance
amendment which will increase the salary range for
the position of Geographic Information System
(G.I.S.) Manager, setting the position's salary
range at 5o below the salary range of Senior
Planner. The adjustment was to be included in the
comprehensive adjustments included in the last
Memorandum of Understanding, but was inadvertently
overlooked - action requested - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 2-13-O1 [3.28])
3.19 Adoption of a Salary Ordinance Amendment - the
District Attorney has requested the Personnel
Department prepare a salary ordinance amendment
which adds two positions of District Attorney Senior
Investigator to the District Attorney-welfare Fraud
division to provide for a supervision structure
within the division. Once the positions are filled,
the department will delete two positions of District
Attorney Investigator II/I - action requested -
ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 2-13-O1 [3.29])
3.20 Adoption of a Salary Ordinance Amendment - the
Personnel Department has prepared a salary ordinance
amendment which sets the annual salary rate for the
new Director of Personnel at $84,846, effective
February 17, 2001 - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM
2-13-O1 [3.30] )
3.21 Adoption of a Salary Ordinance Amendment - the
Personnel Department has prepared a salary ordinance
amendment which adjusts the salary range for the
position of Assistant Director of Personnel
(Step 1 $27.96 - Step 5 $33.99) in response to the
change in salary rate for the new Director of
Personnel. The assistant department heads' salaries
are set based on the department heads' salaries.
with the new salary rate for the Director of
Personnel, an adjustment was required for the
Assistant Director of Personnel position - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 2-13-O1 [3.31])
Page 5 February 27, 2001
Time Item No.
3.22 * Introduction of a Salary Ordinance Amendment -
County Counsel has requested the Personnel
Department prepare a salary ordinance amendment
which deletes one position of Chief Deputy County
Counsel, and adds one position of Deputy County
Counsel III/II/I to provide the department with
greater flexibility in recruitment of staff - action
requested - WAIVE READING OF THE ORDINANCE.
3.23 * Introduction of a Salary Ordinance Amendment - the
Probation Department has requested the Personnel
Department prepare a salary ordinance amendment
which deletes one position of Probation
Officer III/II/I, and adds one position of
Supervising Probation Officer as a result of a
classification study, and in support of a new
interagency placement team - action requested -
WAIVE READING OF THE ORDINANCE.
3.24 * Resolution in Honor of Richard Price, Butte County
Farm Bureau Outstanding Agriculturist of the
Year 2000 - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
3.25 * Resolution in Support of Agreement Regarding
Resolution of Phase 8 Issues - Board approval is
requested by the Department of water and Resource
Conservation for a resolution which authorizes the
Director of water and Resource Conservation to
participate in the negotiation of a settlement
agreement regarding Phase 8 of the State water
Resources Control Board water rights hearings -
action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN.
Agreements 3.26 * William Avery and Associates - Board approval is
and requested by the Administrative Office and Personnel
Grants Department for an agreement with William Avery and
Associates for negotiation and consulting services
for employer-employee relations. The term of the
agreement is February 1, 2001, until terminated by
either party, with a monthly compensation amount of
$3,600, and reimbursement of reasonable travel
expenses (Personnel Department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X11948)
Page 6 February 27, 2001
Time Item No.
3.27 * Price, Brown and Halsey - Board approval is
requested by County Counsel for an agreement with
Price, Brown and Halsey for the provision of legal
services. The term of the agreement is one year,
with a service rate of $95 per hour for partner
services, and $75 per hour for associates services
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11938)
3.28 * Resource Design Technology/KRC Holdings, Inc -
M&T Ranch Mine Project - Amendment - Board approval
is requested by the Development Services Department
for an amendment to the consulting agreement with
Resource Design Technology for the preparation of an
Environmental Impact Report for the proposed
M&T Ranch Mine project. The amendment increases the
maximum amount payable by $19,840 (funded by the
applicant, KRC Holdings, Inc.) to allow for the
provision of additional studies required for the
project. Board approval is also requested to accept
and appropriate the unanticipated revenue received
by the applicant for the studies - action
requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET
TRANSFER B-212 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE. (Contract
No. X11681)
3.29 * Office of Criminal Justice Planning - Violence
Against Women Vertical Prosecution Program
Grant - Board approval is requested by the District
Attorney to ratify the submission of a grant
application to the Office of Criminal Justice
Planning for funds in the amount of $91,182 (with a
$10,130 County match requirement [department
budget]) to continue the Violence Against women
Vertical Prosecution Program for the period of
March 1, 2001, through February 28, 2002. In order
to meet the February 16, 2001, grant application
deadline, the District Attorney submitted the
application pursuant to the authority granted to the
District Attorney by the Board in
Resolution No. 98-42, however, Board approval is
required for the Certification of Assurance and
Compliance to extend the District Attorney's grant
submission authority through the proposed grant
period - action requested - RATIFY THE DISTRICT
ATTORNEY'S SUBMISSION OF THE GRANT APPLICATION; AND
AUTHORIZE THE CHAIR TO SIGN THE CERTIFICATE OF
ASSURANCE AND COMPLIANCE.
Page 7 February 27, 2001
Time Item No.
3.30 * Butte County Children and Families Commission -
Mini-Grants - Board approval is requested by the
Director of Libraries to apply to the Butte County
Children and Families Commission for a grant in the
maximum amount of $20,000, for funds to enhance the
Families for Literacy English and Bilingual
(Spanish/English) programs - action requested -
APPROVE SUBMISSION OF GRANT APPLICATION AND
AUTHORIZE THE DIRECTOR OF LIBRARIES TO SIGN.
3.31 * California Family Health Council, Inc. - Board
approval is requested by the Public Health
Department for a revenue agreement with the
California Family Health Council, Inc., for funds to
support family planning services. The term of the
agreement is January 1, 2001, through
December 31, 2001, with a maximum amount payable to
the County of $50,000 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.32 * State Department of Health Services - Board approval
is requested by the Public Health Department for a
revenue agreement with the State Department of
Health Services for funds to implement a portion of
the Family Violence Strategic Plan. The term of the
agreement is January 1, 2001, through June 30, 2002,
with a maximum amount payable to the County of
$20,000 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 8 February 27, 2001
Time Item No.
3.33 * Mentally Ill Offender Crime Reduction Grant - Board
approval is requested by the Sheriff's Office for a
grant application to the California Board of
Corrections, under the Mentally Ill Offender Crime
Reduction Act, for funds to support a research
program. The program is designed to support locally
developed strategies for curbing recidivism among
adult mentally ill offenders. The total grant
request is approximately $2,352,000 for a three year
period, with a match of approximately $2,015,000.
The match will be provided through the utilization
of existing services currently provided to the
target population. The grant proposes 2 Mental
Health Clinician positions, 2 Deputy Sheriff
positions, 2 Probation Officer positions, 3.5 Mental
Health Counselor positions, 1 half-time Court
Administrator position, 1 one-fifth time
Psychiatrist position, and 1 support staff position.
A requirement of the grant is a resolution assuring
the County will adhere to the Board of Corrections'
requirements and terms for expenditure of the funds,
that the Sheriff appoint and chair a strategy
committee, and that the County participate in the
collection of required common research data, program
evaluation activities, and conduct an evaluation of
their proposed project - action requested - APPROVE
SUBMISSION OF GRANT APPLICATION; ADOPT A RESOLUTION
AS REQUIRED BY THE GRANT AND AUTHORIZE THE CHAIR TO
SIGN; AND AUTHORIZE THE SHERIFF-CORONER TO SIGN ALL
DOCUMENTS RELATED TO THE GRANT.
3.34 * Backgrounds and More - Amendment - Board approval is
requested by the Probation Department for an
amendment to the agreement with Backgrounds and More
for the provision of background investigation
services for Probation Department applicants. The
amendment revises the Rate Schedule to reflect an
increase in rates for background investigation
services. The agreement will remain within the
maximum amount payable of $30,000 (department
budget), and all other provisions and conditions
remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11765)
Page 9 February 27, 2001
Time Item No.
3.35 * Sites Reservoir - Memorandum of Understanding
(MOU) - Board approval is requested by the
Department of water and Resource Conservation, at
the recommendation of the Butte County water
Commission, to sign the Sites Reservoir Memorandum
of Understanding. The Sites Reservoir project is an
investigation of an off-stream reservoir in Glenn
and Colusa counties, and the MOU was designed to
ensure local input into the project. Although the
reservoir is not located within Butte County, it has
the potential to be of benefit to the County -
action requested - ACCEPT THE RECOMMENDATION OF THE
BUTTE COUNTY WATER COMMISSION AND AUTHORIZE THE
CHAIR TO SIGN THE SITES RESERVOIR MEMORANDUM OF
UNDERSTANDING.
Miscel- 3.36 * Adventure Kids Group - Board approval is requested
laneous by the Butte County Department of Behavioral Health
to implement an Adventure Kids Group program which
will provide new services to adolescents utilizing
outdoor settings and activities. The program is
designed to combine activities that foster self-
esteem, responsibility, decision making skills,
leadership skills, personal empowerment, and
communication skills in a therapeutic group process.
The new program will be funded within the existing
department budget - action requested - APPROVE
ENHANCED SERVICES FOR THE ADVENTURE KIDS GROUP.
3.37 * North State Cooperative Library System - 1999-2000
Annual Report - Doris Lithgow, North State
Cooperative Library System Advisory Board
Representative, submits a copy of the annual report
for 1999-2000 - action requested - ACCEPT FOR
INFORMATION.
3.38 * Request for Special Election - the City of Chico, by
Resolution No. 92 00-O1, adopted February 6, 2001,
is requesting the County Clerk-Recorder-Registrar of
Voters conduct a Special Municipal Election to be
held Tuesday, June 5, 2001. The cost of the
election will be paid for by the City - action
requested - AUTHORIZE THE COUNTY CLERK TO CONDUCT
THE SPECIAL MUNICIPAL ELECTION TO BE HELD TUESDAY,
JUNE 5 , 2 0 01 ; AND APPROVE BUDGET TRANSFER B - 210 ( 4 / 5
vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE.
Page 10 February 27, 2001
Time Item No.
3.39 * Cable Television Franchise Renewals - Proposed
Strategy - the Administrative Office submits a
report which details the proposed strategy for the
renewal of the three cable television franchise
agreements which are due to expire over the next
four years. The strategy proposes to consolidate
the three existing agreements into a single
agreement, to work with the cities to development
common terms and conditions, and to provide for
reasonable County revenue and other
benefits - action requested - ACCEPT FOR
INFORMATION.
3.40 * Conflict of Interest Codes - Housing Authority of
Butte County and the Butte County Association of
Governments - the Housing Authority of Butte County
and the Butte County Association of Governments have
adopted their own Conflict of Interest Codes and are
submitting their codes to the County, as the code
reviewing body, to determine the code's compliance
with Government Code Section 87302. County Counsel
has reviewed the codes and finds them to be proper -
action requested - APPROVE CODES.
3.41 * Biennial Approval of Local Agency Conflict of
Interest Codes (Exempt) - the following districts
have reviewed their Conflict of Interest Code
Exemption Statements and have determined that the
conditions for exemption still exist: Bangor
Cemetery District, Pine Creek Cemetery District,
Drainage District No. 1, and Drainage District
No. 100. County Counsel has reviewed the reports
and finds them to be proper - action requested -
ACCEPT LOCAL AGENCY BIENNIAL CONFLICT OF INTEREST
CODE EXEMPTION STATEMENTS.
Page 11 February 27, 2001
Time Item No.
3.42 * Biennial Approval of Local Agency Conflict of
Interest Codes (Non-Exempt) - the following
districts have reviewed their Conflict of Interest
Codes and have determined their agency's code is
current and not in need of revision: Gridley Biggs
Cemetery District, Oroville Cemetery District,
Paradise Cemetery District, Durham Mosquito
Abatement District, Oroville Mosquito Abatement
District, Berry Creek Community Services District,
Buzztail Community Services District, Richardson
Springs Community Services District, Ed Medio Fire
District, Richvale Irrigation District, Thermalito
Irrigation District, Chico Area Recreation and Park
District, Feather River Recreation and Park
District, Paradise Recreation and Park District,
Richvale Recreation and Park District, Reclamation
District No. 833, Lake Oroville Public Utility
District, Richvale Sanitary District, Lake Madrone
water District, and Sewerage Commission-Oroville
Region. County Counsel has reviewed the reports and
finds them to be proper - action requested - ACCEPT
LOCAL AGENCY BIENNIAL CONFLICT OF INTEREST CODE
REPORTS.
3.43 * Biennial Approval of Local Agency Conflict of
Interest Codes (Non-Exempt) - Paradise Irrigation
District - Amendment - the Paradise Irrigation
District, by Resolution No. 2001-04, amended its
Conflict of Interest Code, and is submitting the
amended code to the County, as the code reviewing
body, to determine the code's compliance with
Government Code Section 87302. County Counsel has
reviewed the code amendment and find it to be
proper - action requested - APPROVE AMENDED CODE.
3.44 * Biennial Approval of Local Agency Conflict of
Interest Codes (Non-Exempt) - School Districts - the
following school districts have reviewed their
Conflict of Interest Codes and have determined that
their agency's code is current and not in need of
revision: Durham Unified School District; Feather
Falls Union School District; Manzanita School
District; Oroville Elementary School District;
Oroville Union High School District; Palermo Union
School District; Paradise Union School District;
Pioneer Union School District; Thermalito School
District; and Butte County Office of Education.
County Counsel has reviewed the reports and finds
them to be proper - action requested - ACCEPT LOCAL
AGENCY BIENNIAL CONFLICT OF INTEREST CODE REPORTS.
Page 12 February 27, 2001
Time Item No.
4.00 Regular Agenda
4.01 Appointments - Boards, Commissions, and Committees.
* 1. Appointments to listed vacancies.
4.02 Update on legislative and budget activities.
(CHIEF ADMINISTRATIVE OFFICER)
4.03 * Forest Payments to Counties Legislation (HR 2389) -
Report to the Board - presentation to the Board by
Lee Anne Schramel Taylor, Public Affairs Officer,
Plumas National Forest, on legislation designed to
restore stability and predictability to the annual
payments made to states and counties containing
National Forest System lands and public domain lands
managed by the Bureau of Land Management - action
requested - ACCEPT FOR INFORMATION. (LEE ANNE
SCHRAMEL TAYLOR, PUBLIC AFFAIRS OFFICER, PLUMAS
NATIONAL FOREST)
4.04 * Hepatitis A Prevention Project - Report to the
Board - report to the Board on the Hepatitis A
Prevention Project which has come to a successful
conclusion - action requested - ACCEPT FOR
INFORMATION. (PUBLIC HEALTH [DR. MARK LUNDBERG,
COUNTY HEALTH OFFICER, AND INSU HYAMS, PHN, PROJECT
COORDINATOR])
4.05 * Tri-County Economic Development Corporation - Master
Subrecipient Agreement - Board approval is requested
by the Administrative Office for a Master
Subrecipient Agreement with the Tri-County Economic
Development Corporation as a requirement of
Community Development Block Grant (CDBG) regulations
for the management of CDBG activities. The
agreement will allow Tri-County Economic Development
Corporation to provide services such as preparation
of grant applications, implementation of projects
funded by grant awards, and administration of
projects on behalf of the County - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
Page 13 February 27, 2001
Time Item No.
4.06 * Dry Creek Irrigation District - consideration of a
request from the New world Foundation for conceptual
approval for the establishment of a new irrigation
district and related facilities. Proposed is the
formation of the Dry Creek Irrigation District, a
pipeline, and an off-stream storage reservoir to
capture excess flood runoff from the Oroville Dam.
The project requires conceptual approval by the
County and the California Department of water
Resources before funding can be obtained for further
feasibility studies - action requested - ACCEPT THE
RECOMMENDATION OF THE BUTTE COUNTY DEPARTMENT OF
WATER AND RESOURCE CONSERVATION FOR A LETTER TO THE
NEW WORLD FOUNDATION SUPPORTING THE CONCEPT AND
AUTHORIZE THE CHAIR TO SIGN. (WATER AND RESOURCE
CONSERVATION)
4.07 * Substance Abuse and Crime Prevention Act of 2000
(Proposition 36) - consideration of steps to
implement the Substance Abuse and Crime Prevention
Act of 2000 by July 1, 2001. The program is
designed to divert nonviolent persons convicted of
drug possession or drug use into treatment and
supervision in lieu of prison - action requested:
1. ADOPT A RESOLUTION WHICH DESIGNATES THE BUTTE
COUNTY DEPARTMENT OF BEHAVIORAL HEALTH AS THE
LEAD AGENCY FOR BUTTE COUNTY'S SUBSTANCE ABUSE
AND CRIME PREVENTION ACT RESPONSIBILITIES,
ASSURES THE COUNTY OF BUTTE WILL COMPLY WITH
THE PROVISIONS OF THE ACT, AND DIRECTS THE
ESTABLISHMENT OF A TRUST FUND FOR ACT FUNDS;
AND
2. A. DIRECT THAT AN OVERSIGHT COMMITTEE BE
ESTABLISHED COMPRISED OF MEMBERS FROM
THE DEPARTMENTS OF BEHAVIORAL HEALTH,
PROBATION, COURTS, DISTRICT ATTORNEY,
SHERIFF'S OFFICE, PUBLIC DEFENDER, AND
PUBLIC HEALTH; OR
B. DIRECT THE LEAD AGENCY MEET WITH
AFFECTED DEPARTMENTS, AS NEEDED, ON
DEVELOPMENT AND COORDINATION OF THE
COUNTY'S PROPOSITION 36 PROGRAM.
(CHIEF ADMINISTRATIVE OFFICER)
4.08 Items removed from the Consent Agenda for Board
consideration and action.
Page 14 February 27, 2001
Time Item No.
5.00 Public Hearincrs and Timed Items
10:30 A.m. 5.01 * Public Hearing - Durham Land Estates - Formation of
a County Service Area (CSA) - Protest Hearing and
Ballot Proceeding - the County has received an
application for the formation of a CSA to provide
storm drainage maintenance and street lighting
services, in compliance with the conditions of
approval of the Durham Land Estates Tentative
Subdivision Map. The proposed 44-lot subdivision is
located south of Durham Dayton Highway, and west of
Holland Avenue, in the Durham area (supervisoral
district 4). The protest hearing and ballot
proceeding is being conducted pursuant to
Proposition 218 (Government Code Section 53753) -
action requested - OPEN PROTEST HEARING TO ACCEPT
PUBLIC COMMENT; CLOSE HEARING; REQUEST BALLOT
RESULTS FROM THE CLERK OF THE BOARD; ACCEPT ALL
INFORMATION, NOTING THAT THE PROCEDURE WILL BE
FINALIZED AFTER THE LOCAL AGENCY FORMATION
COMMISSION HAS MADE RECOMMENDATIONS TO THE BOARD
CONCERNING THE FORMATION OF THE COUNTY SERVICE AREA.
(FROM 12-19-00 [3.04])
Page 15 February 27, 2001
Time Item No.
10:45 A.m. 5.02 * Public Hearing - Shirley Prusia, Mooretown
Rancheria - General Plan Amendment and Rezone -
consideration of a General Plan Amendment from Low
Density Residential to Commercial, and a Rezone from
Agricultural Residential to C-1 (Light Commercial)
for 5.45 acres located on a 38.62 acre parcel (item
on which a negative declaration with mitigation
measures regarding environmental impacts has been
recommended). The applicant intends to develop a
parking lot with 300 parking spaces and six bus
spaces to be used in conjunction with the Feather
Falls Casino. The parking lot will include a storm
water detention basin for management of run-off.
The proposed C-1 zone shall be limited to the
construction of the parking lot through the use of
a Conditional Zoning Agreement. The Feather Falls
Casino exceeds parking availability during concert
events. The concert facility provides seating for
1000+/-. The current parking lot provides 315
standard and handicap parking spaces. The proposed
new parking lot will provide additional spaces to
alleviate parking demands during concert events.
The property is located south of, and adjacent to
Alverda Drive, approximately 2,000 feet east of
Lower Wyandotte Road, and 200 feet west of Lorene
Court, opposite the Feather Falls Casino and
Mooretown Rancheria, in the south Oroville area, and
identified as APN 036-310-162 (DB [File No.
GPA/RZ 99-03]) - action requested - STAFF RECOMMENDS
THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE
STAFF REPORT DATED FEBRUARY 27, 2001, ADOPT A
MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS;
(CONTINUED ON PAGE 17)
Page 16 February 27, 2001
Time Item No.
5.02 2. FIND THAT THE PROPOSED PROJECT IMPROVEMENTS
(Cont.) 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) (3) AND 14 CCR 753.5, AS THE PROJECT
SITE IS NOT KNOWN TO CONTAIN ANY SPECIES
IDENTIFIED AS A CANDIDATE, SENSITIVE, OR
SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL
PLANS, POLICIES, OR REGULATIONS, OR BY THE
CALIFORNIA DEPARTMENT OF FISH AND GAME OR THE
UNITED STATES FISH AND WILDLIFE SERVICE. THE
PROJECT WILL NOT HAVE A SUBSTANTIAL ADVERSE
EFFECT ON ANY RIPARIAN HABITAT; HAVE A
SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY
PROTECTED WETLANDS AS DEFINED BY SECTION 404
OF THE CLEAN WATER ACT; INTERFERE
SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE
RESIDENTIAL OR MIGRATORY FISH OR WILDLIFE
SPECIES; CONFLICT WITH ANY LOCAL POLICES OR
ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR
CONFLICT WITH THE PROVISIONS OF AN ADOPTED
HABITAT CONSERVATION PLAN;
3. SUBJECT TO FINDINGS III(A-B) AS DETAILED IN
THE STAFF REPORT DATED FEBRUARY 27, 2001, FIND
THAT THE PROPOSED GENERAL PLAN AMENDMENT IS IN
THE PUBLIC INTEREST IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTION 65358;
4. SUBJECT TO FINDINGS IV (A-G) AS DETAILED IN THE
STAFF REPORT DATED FEBRUARY 27, 2001, MAKE A
MOTION OF INTENT TO ADOPT AN ORDINANCE
REZONING PROPERTY IDENTIFIED AS A 5.45 ACRE
PORTION OF APN 036-310-162, FROM AR
(AGRICULTURAL RESIDENTIAL) TO C-1 (LIGHT
COMMERCIAL), AND ADOPT A RESOLUTION AMENDING
THE GENERAL PLAN FROM LOW DENSITY RESIDENTIAL
TO COMMERCIAL FOR PROPERTY IDENTIFIED AS A
5.45 ACRE PORTION OF APN 036-310-162, SUBJECT
TO THE CONDITIONAL ZONING AGREEMENT IDENTIFIED
AS EXHIBIT "A" TO THE ZONING ORDINANCE
CONTAINED IN THE STAFF REPORT DATED
FEBRUARY 27, 2001. (FROM 1-9-O1 [3.10])
Page 17 February 27, 2001
Time Item No.
11:00 A.m. 5.03 * Public Hearing - Annexation to County Service Area
(CSA) No. 23 (Pleasant Valley Drainage) - on
January 4, 2001, the Local Agency Formation
Commission approved the annexation of 4.7 acres of
private property to CSA No. 23 to utilize district
drainage facilities as a condition of subdivision
approval for residential development of the
property. The parcels to be annexed are located on
Marigold Avenue in the Chico area, and identified as
APN 048-750-012 and 013 (supervisoral district 3) -
action requested - ADOPT A RESOLUTION APPROVING THE
ANNEXATION TO COUNTY SERVICE AREA NO. 23 (PLEASANT
VALLEY DRAINAGE) AND AUTHORIZE THE CHAIR TO SIGN.
11:15 A.m. 5.04 * Public Hearing - waiver of Parcel Map - Appeal -
Pete Halimi/AEJ Trust - consideration of an appeal
of the Development Review Committee's denial of a
waiver of parcel map to divide a 153.5 acre parcel
into two parcels of 40 acres each and one parcel of
73.5 acres (item on which a negative declaration
with mitigation measures regarding environmental
impacts has been recommended). The proposed Parcel
1 fronts on both Meridian Road and Munjar Road,
proposed Parcel 2 fronts on Meridian Road, and
proposed Parcel 3 fronts on Munjar Road. The
parcels are being created for agricultural use only,
and cannot be developed for residential use until
proven to meet the sewage disposal requirements of
Appendix VII of the Butte County Subdivision
Ordinance. The property is located on the northeast
corner of Meridian Road and Munjar Road, north of
Chico, and identified as APN 047-200-055 (SB [File
No. WAV O1-02]) - STAFF RECOMMENDS THE BOARD TAKE
ONE OF FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-C) AS DETAILED IN THE
STAFF REPORT DATED FEBRUARY 27, 2001, DENY
APPEAL O1-07 FOR PETE HALIMI/AEJ TRUST; OR
(CONTINUED ON PAGE 19)
Page 18 February 27, 2001
Time Item No.
5.04 2. SHOULD THE BOARD CHOOSE TO SUPPORT THE
(Cont.) PROJECT, THE FOLLOWING ACTIONS SHOULD BE
TAKEN:
1. SUBJECT TO FINDINGS I(A-B) OF THE
ALTERNATIVE ACTIONS SECTION OF THE STAFF
REPORT DATED FEBRUARY 27, 2001, UPHOLD
APPEAL O1-07 FOR PETE HALIMI/AEJ TRUST;
2. DIRECT THAT SOIL TESTING BE PERFORMED
PRIOR TO RECORDATION OF THE DEEDS TO
DEMONSTRATE ON-SITE SEWAGE DISPOSAL
CAPABILITY PER BUTTE COUNTY STANDARDS.
CONDITION 16 OF THE CONDITIONS OF
APPROVAL DETAILED IN THE STAFF REPORT
DATED FEBRUARY 27, 2001, SHOULD BE
DELETED IF THE BOARD TAKES THIS ACTION;
3. SUBJECT TO FINDINGS III(A-D) AS DETAILED
IN THE ALTERNATIVE ACTIONS SECTION OF
THE STAFF REPORT DATED
FEBRUARY 27, 2001, ADOPT A MITIGATED
NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS, WITH MITIGATION
MEASURES 1-6 AS DETAILED IN THE STAFF
REPORT DATED FEBRUARY 27, 2001;
4. FIND THAT THE DESIGN OF THE PROPOSED
PROJECT IMPROVEMENTS WILL NOT CAUSE
ENVIRONMENTAL DAMAGE TO FISH AND/OR
WILDLIFE OR THEIR HABITAT BECAUSE THE
SITE DOES NOT CONTAIN ANY SIGNIFICANT
FISH AND/OR WILDLIFE HABITAT.
THEREFORE, A "DE MINIMUS" IMPACT OF
FINDING REGARDING FISH AND WILDLIFE AND
THEIR HABITAT IS HEREBY MADE, AND THE
COLLECTION OF FEES PURSUANT TO FISH AND
GAME CODE SECTION 711.4(d)(3) AND 14 CCR
753.5 IS NOT REQUIRED;
5. SUBJECT TO FINDINGS V(A-K) AS DETAILED
IN THE ALTERNATIVE ACTIONS SECTION OF
THE STAFF REPORT DATED
FEBRUARY 27, 2001, APPROVE WAV O1-02 FOR
PETE HALIMI/AEJ TRUST, SUBJECT TO THE
CONDITIONS OF APPROVAL AS DETAILED IN
THE STAFF REPORT DATED
FEBRUARY 27, 2001.
Page 19 February 27, 2001
Time Item No.
6.00 Public Comment (PRESENTATIONS WILL BE LIMITED TO
FIVE MINUTES. THE BOARD OF SUPERVISORS IS
PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY
ITEM NOT LISTED ON THE AGENDA.)
7.00 Closed Session
7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) IELATI VS. COUNTY OF BUTTE.
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION
OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54959.9(c) ONE POTENTIAL CASE.
7.03 PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957: DIRECTOR-DEVELOPMENT
SERVICES.
7.04 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6:
AGENCY NEGOTIATORS: JEANNE GRAVETTE AND BILL AVERY.
EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY MANAGEMENT
EMPLOYEES ASSOCIATION (MANAGEMENT, CONFIDENTIAL AND
SUPERVISORY UNIT); COMMUNICATION WORKS OF AMERICA
(SOCIAL SERVICES WORKERS UNIT); BUTTE COUNTY
PROFESSIONAL UNIT; BUTTE COUNTY DEPUTY SHERIFFS
ASSOCIATION (GENERAL AND MANAGEMENT AND SUPERVISORY
UNITS); AND BUTTE COUNTY CORRECTIONAL OFFICERS
ASSOCIATION (GENERAL AND MANAGEMENT AND SUPERVISORY
UNITS) .
A copy of the agenda and supporting material 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) is available in the
Administrative Office for your review. Please do not remove items from this file. A copy 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 in the agenda signifies that material has been provided to the Board of Supervisors members to explain this
item. The Board is committed to making its proceedings accessible to all citizens. Individuals with special needs may call
530-538-7643 for assistance. All requests must be made 48 hours prior to the meeting.
Page 20 February 27, 2001