HomeMy WebLinkAboutA031103BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
MARCH 11, 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
CALL TO ORDER
Call to Order
Administration
Oroville.
AGENDA-MARCH 11, 2003
- Board of Supervisors Room, County
Building, 25 County Center Drive,
Pledge of Allegiance to the Flag of the United States
of America.
Invocation - Pastor Wes Bristol, Magalia Community
Church, Magalia.
CORRECTIONS AND~OR CHANGES TO THE AGENDA
9:00 A.M. 1.00
1.01
1.02
1.03
2.00
3.00
BEHAVIORAL
HEALTH
CONSENT AGENDA
3.01 * 7th Avenue Center - Amendment - approval is requested
for an amendment to the agreement with 7th Avenue Center
for the provision of 24-hour skilled nursing services
for at-risk clients. The amendment increases the
maximum amount payable by $21,328.75 (department
budget) for additional clients and service hours. All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X13796)
3.02 * Community Living Centers/JOBS PLUS - Amendment -
approval is requested for an amendment to the agreement
with Community Living Centers/JOBS PLUS for the
provision of vocational experience to clients of the
Oroville Outpatient Program. The amendment provides
for revisions to the Service Proposal. All other terms
and provisions, including maximum amount payable,
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contact
No. X13633)
3.03 * Crestwood Behavioral Health, Inc. - Amendment -
approval is requested for an amendment to the agreement
with Crestwood Behavioral Health, Inc., for the
provision of Institutes for Mental Disease and
Enhancement services. The amendment decreases the
maximum amount payable by a total of $35,351.78 within
various service areas for fiscal year 2002-2003. All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. 11075)
PAGE 1 MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA-MARCH 11, 2003
3.04 * Merced Manor - Amendment - approval is requested for an
amendment to the agreement with Merced Manor for the
provision of community mental health services for
chronic mentally disordered patients. The amendment
increases the maximum amount payable by $14,023.03
(department budget) to provide services to additional
clients. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13666)
3.05 * Skyway House - Amendment - approval is requested for an
amendment to the agreement with Skyway House for the
provision of day services and long-term residential
recovery services. The amendment increases the maximum
amount payable by $1,777.50 (department budget) to
provide services to additional clients. All other
terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X13629)
3.06 * 18A and 18B County Center Drive - Facilities
Modification Budget Transfer - approval is requested to
transfer $161,269 of department funds to provide for
facilities modifications to the offices located at 18A
and 18B County Center Drive, Oroville - action
requested - APPROVE BUDGET TRANSFER B-318 (4/5 vote
required); AND APPROVE INCREASE IN COUNTY FACILITIES
SERVICES ISF (720.001).
BOARD OF
SUPERVISORS 3.07 * Facilities Master Plan Steering Committee - Supervisor
Josiassen submits District 4 Representatives to the
Facilities Master Plan Steering Committee - action
requested - APPOINT ED BECKER AND MIKE BOTTORFF,
DISTRICT 4 REPRESENTATIVES.
CLERK OF
THE BOARD 3.08 Bangor Cemetery District Appointments - the District
has submitted recommendations for trustee
appointments - action requested - REAPPOINT KEN
SARNECKI, DIANNA LINK, AND NOREEN RICE, TRUSTEES, TO
TERMS TO END JANUARY 1, 2007.
PAGE 2 MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003
COUNTY
COUNSEL 3.09 * Demolition of Existing Structure - approval is
requested for a resolution directing demolition of the
structure located on an historically flood-prone parcel
of property acquired by the County under the Hazard
Mitigation Grant Program. The property is located at
13898 Highway 99, Chico. Under federal regulations,
properties acquired under the Hazard Mitigation Grant
Program, from which structures are removed, are to be
dedicated and maintained in perpetuity for uses
compatible with open space, recreational, or wetlands
management practices, and that a restrictive covenant
be recorded which encumbers the property in accordance
with the restrictions. The proposed resolution directs
demolition of the existing structure on the property
and authorizes the Clerk of the Board to record the
deed restriction - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT THE
RECORDING OF THE DEED RESTRICTION.
DEVELOPMENT
SERVICES 3.10 * Introduction of an Ordinance Correcting the Legal
Description of Ordinance 3767 - approval is requested
for an ordinance which will correct the legal
description attached to Ordinance 3767, an ordinance
zoning a portion of the County of Butte, State of
California, a C-1 (Light Commercial) district, pursuant
to section 24-25.40 of the Butte County Code. On
September 11, 2001, the Board approved a Conditional
Rezone of 8 +/- acres of land on the northwest corner
of Highway 99 and B Street in the Biggs area to C-1
(Light Commercial). Subsequent to the approval of the
project an error was discovered in the legal
description of the area rezoned. The proposed
ordinance will correct the legal description. Staff is
also requesting the Board approve a revised Conditional
Zoning Agreement containing the corrected legal
description - action requested - FIND THAT THIS PROJECT
CORRECTS THE LEGAL DESCRIPTION CONTAINED IN A
PREVIOUSLY APPROVED REZONE AND CONDITIONAL ZONING
AGREEMENT. AN INITIAL STUDY WAS PERFORMED FOR THE
PREVIOUS PROJECT AND MITIGATION MEASURES WERE
INCORPORATED INTO CONDITIONS OF THE PROJECT APPROVAL.
THE CHANGE TO THE LEGAL DESCRIPTION WILL NOT HAVE ANY
IMPACTS ON THE ENVIRONMENT; WAIVE THE READING OF THE
ORDINANCE; AND AUTHORIZE THE CHAIR TO SIGN A
CONDITIONAL ZONING AGREEMENT CONTAINING A CORRECTED
LEGAL DESCRIPTION.
3.11 * Keith Long - Amendment - approval is requested for an
amendment to the agreement with Keith Long for the
provision of plan check services for the Building
Division. The amendment extends the term of the
agreement through June 30, 2004, and increases the
maximum amount payable by $20,000 (department budget).
All other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X13804)
PAGE 3 MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA-MARCH 11, 2003
DISTRICT
ATTORNEY 3.12 * California Department of Insurance-Auto Insurance Fraud
Program - Grant Revenue - approval is requested to
accept $113,682 in additional grant revenue received
from the California Department of Insurance for the
Auto Insurance Fraud Program. The department is
proposing to appropriate $27,478 of the unanticipated
revenue into the fiscal year 2002-2003 budget and to
allocate the remaining $86,204 into a trust fund to
fund the program in fiscal year 2003-2004. Board
approval is also requested to accept and appropriate
$33,027 in fiscal year 2001-2002 carryover funds into
the fiscal year 2002-2003 budget - action requested -
APPROVE BUDGET TRANSFER B-325 (4/5 vote required)
ACCEPTING, APPROPRIATING AND ALLOCATING UNANTICIPATED
GRANT REVENUE AS DETAILED IN THE AGENDA REPORT.
3.13 * California Department of Insurance-Workers'
Compensation Insurance Fraud Program - Grant Revenue -
approval is requested to accept $111,803 in additional
grant revenue received from the California Department
of Insurance for the Workers' Compensation Insurance
Fraud Program. The department is proposing to allocate
the funds into a trust fund to fund the program in
fiscal year 2003-2004. Board approval is also
requested to transfer $65,682 from the General Fund
Appropriation for Contingencies to correct an
accounting error which transferred fiscal year 2001-
2002 carryover grant funds to the General Fund. The
department is proposing to utilize the fiscal year
2001-2002 carryover funds in the current fiscal year.
The department is also requesting Board approval for
the fixed asset purchase of equipment in the amount of
$20,172 to outfit an existing vehicle to industry
standards for fraud investigations and evidence
gathering - action requested - APPROVE BUDGET TRANSFER
B-324 (4/5 vote required) ACCEPTING, APPROPRIATING AND
ALLOCATING UNANTICIPATED GRANT REVENUE AS DETAILED IN
THE AGENDA REPORT AND TRANSFERRING, ACCEPTING AND
APPROPRIATING $65,682 FROM THE GENERAL FUND
APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE
AGENDA REPORT; AND APPROVE THE PURCHASE OF FIXED ASSET
EQUIPMENT IN THE AMOUNT OF $20,172.
EMPLOYMENT
AND SOCIAL
SERVICES 3.14 * Northern California Youth and Family Programs -
Amendment - approval is requested for an amendment to
the agreement with Northern California Youth and Family
Programs for the administration and provision of a
receiving home/emergency shelter program. The
amendment increases the maximum amount payable by
$25,000 ($12,500 Promoting Safe and Stable Families
Family Preservation Funds/$12,500 Promoting Safe and
Stable Families Family Support Funds). All other terms
and provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X13135)
PAGE 4 MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003
3.15 * Zasio Enterprises, Inc. - approval is requested for an
agreement with Zasio Enterprises, Inc., for the
installation and upgrade of Versatile Enterprise
Software. The software will be used as a file
management tracking system for Adult and Children's
Services. The agreement is an open ended agreement
starting February 4, 2003, with a maximum amount
payable of $29,228.60 (department budget). Annual
support costs will be budgeted each year - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract No. X14029)
GENERAL
SERVICES 3.16 * Courthouse Expansion Project - Budget Transfer -
approval is requested to accept and appropriate $3,315
received from the Superior Court of California, County
of Butte, for payment of architectural services for the
Courthouse Expansion Project - action requested -
APPROVE BUDGET TRANSFER B-322 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS
DETAILED IN THE AGENDA REPORT.
3.17 * DLR Group, Inc. - Amendment - approval is requested for
an amendment to the agreement with DLR Group, Inc., for
the provision of architectural and engineering services
for the Courthouse Expansion Project. The amendment
revises the scope of work to include design of the
north parking lot, increased holding area size, adding
an external transfer corridor, and development of a
public waiting area. The amendment also increases the
maximum amount payable by $25,350 for the additional
work. The cost of the agreement increase will be
funded by the Superior Court of California, County of
Butte - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 5 MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA-MARCH 11, 2003
HUMAN
RESOURCES 3.18 * Resolution to Amend the Salary Ordinance - approval is
requested for a resolution which will amend the salary
ordinance as follows: DISTRICT ATTORNEY-CRIMINAL - adds
one sunset position of Paralegal, one flexibly staffed
sunset position of Office Assistant III/II/I, one
flexibly staffed sunset position of District Attorney
Investigator II/I, and one flexibly staffed sunset
position of Deputy District Attorney IV/III/II/I. All
positions sunset 6-30-03 and are in support of the
California Department of Insurance Auto Insurance Fraud
and Workers' Compensation Insurance Fraud Programs.
PUBLIC HEALTH-GENERAL SERVICES - deletes two and a half
positions of Public Health Nurse Practitioner/Public
Health Nurse III/II/I and adds two and a half positions
of Certified Nurse Practitioner/ Public Health Nurse
III/II/I. BEHAVIORAL HEALTH-GENERAL SERVICES - deletes
one position of Supervisor-Mental Health Nurse and one
position of Supervisor-Mental Health Clinician and adds
one position of Certified Nurse Practitioner and one
position of Supervisor-Mental Health Counselor.
LIBRARY - deletes one position of Librarian II and adds
one flexibly staffed position of Librarian II/I.
SALARY PLANS FOR LAW ENFORCEMENT (REFERENCE D AND E) -
reduces the salary for the District Attorney
Investigator classifications by 20, effective
March 15, 2003, as a result of the implementation of
the 3o at 50 retirement benefit. SALARY PLAN FOR
CLASSIFIED POSITIONS (REFERENCE F) - sets the salary
range for the Assistant Chief Probation Officer at
$32.37-$39.34, retroactive to July 6, 2002. SALARY
PLAN FOR CLASSIFIED POSITIONS (REFERENCE G) - changes
the job title of the classification of Public Health
Nurse Practitioner to Certified Nurse Practitioner -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
INFORMATION
SYSTEMS 3.19 * Modify Fixed Assets - approval is requested for
modifications to the fixed assets approved for purchase
in the fiscal year 2002-2003 budget. The department is
proposing to purchase alternative equipment as a result
of changes in network technology. The department will
delete the purchase of a central switch, T-1 interface
module and a fire wall system in the amount of $153, 450
and replace it with the purchase of 10 ML series
servers, a 7200 series router module, a UPS power
backup unit, server racks and air conditioners in the
amount of $153,450 - action requested - APPROVE
MODIFICATION TO FIXED ASSETS APPROVED FOR PURCHASE IN
THE FISCAL YEAR 2002-2003 FINAL BUDGET AS DETAILED IN
THE AGENDA REPORT.
PAGE 6 MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003
LIBRARY 3.20 * Library Book Trust Fund - Budget Transfer - approval is
requested to transfer $50,000 from the Library Book
Trust Fund to the Library's budget for the purchase of
books - action requested - APPROVE BUDGET TRANSFER
B-321 (4/5 vote required) ACCEPTING AND APPROPRIATING
TRUST FUND REVENUE AS DETAILED IN THE STAFF REPORT.
PUBLIC
HEALTH 3.21 * California Department of Health Services - AIDS Master
Grant Agreement - Amendments - approval is requested
for amendments to the Revenue Agreements with the
California Department of Health Services for funds to
perform a variety of AIDS related services. Evaluating
Local Interventions is one of the programs funded under
the Master Agreement and the State has made an
additional $1,534 available for fiscal year 2002-2003.
The additional funding will allow for the Memorandum of
Understanding for the Evaluating Local Interventions
program to be extended through June 30, 2003. Changes
to the Memorandum of Understanding will result in a
change to the Master Grant Agreement in the same
amount. Board approval is requested to approve
amendments to both agreements to reflect the increased
funding - action requested - APPROVE AGREEMENT
AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR THE
EVALUATING LOCAL INTERVENTIONS PROGRAM AND AUTHORIZE
THE DIRECTOR OF PUBLIC HEALTH TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
APPROVE AMENDMENT TO AIDS MASTER GRANT AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract Nos.
R40331 and R40507)
3.22 * California Department of Health Services - approval is
requested for a revenue agreement with the California
Department of Health Services for funds to support
immunization activities for infants and children. The
term of the agreement is January 1, 2003, through
December 31, 2003, with a maximum amount payable to the
County of $61,530 (1000 State funds) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.23 * Purchase of Vehicle - approval is requested to purchase
a compact 4 x 4 sport utility vehicle or extended cab
pickup for the solid waste enforcement division of
Environmental Health. The Public Health Department has
been awarded a Local Enforcement Grant in the amount of
$19,751 from the California Integrated Waste Management
Board and will utilize the grant funds for the vehicle
purchase - action requested - APPROVE BUDGET TRANSFER
B-319 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED GRANT REVENUE AS DETAILED IN THE AGENDA
REPORT; AND APPROVE FIXED ASSET PURCHASE OF A VEHICLE
FOR THE SOLID WASTE ENFORCEMENT DIVISION.
PAGE 7 MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003
PUBLIC
woxxs 3.24 * Contribution to the Town of Paradise - Paradise
Vegetative Waste Collection Facility - approval is
requested to contribute $5,000 to the Town of Paradise
to help fund the Paradise Vegetative Waste Collection
Facility. The facility is a collection service
targeting green and/or yard waste and is part of the
efforts designed to comply with AB 939. The facility
is utilized by residents of the Town of Paradise and
residents in the unincorporated areas on the Paradise
Ridge. The Solid Waste Committee supports the request
for the $5,000 contribution. The contribution will be
funded by Neal Road Landfill Management Fund funds -
action requested - APPROVE MONETARY CONTRIBUTION OF
$5,000 TO THE TOWN OF PARADISE AND AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO FACILITATE REQUEST.
3.25 * Golder Associates, Inc. - Amendment - approval is
requested for an amendment to the agreement with Golder
Associates, Inc., for the preparation of a leachate
impoundment design report and associated construction
documents in support of the Module 4, Phase I Expansion
at the Neal Road Landfill. The proposed amendment
provides for the design of a sedimentation basin at the
west end of the landfill to mitigate potential off-site
sedimentation transport, and increases the maximum
amount payable by $73,042 (Neal Road Landfill
Management Fund) for the additional work. 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. X13440)
3.26 * California Vocations, Inc. - approval is requested for
an agreement with California Vocations, Inc., for the
provision of curbside recycling services in Paradise
and the Upper Ridge area. The term of the agreement is
October 1, 2002, through September 30, 2005, with a
maximum amount payable of $150,700 (Neal Road Landfill
Management Fund) for the multi-year term - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract No. X13991)
PAGE 8 MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA-MARCH 11, 2003
3.27 * Blossom Estates Subdivision - Final Map - Blossom
Estates Subdivision is a conditionally approved sixteen
lot public street subdivision totaling 16.8 acres
located on the southeast corner of Durham Dayton
Highway and Turner Lane in the community of Durham.
The property owners have complied with all Conditions
of Approval and have posted an Irrevocable Letter of
Credit to ensure that all road and drainage facilities
will be constructed to County standards. County
Service Area No. 177 has been established to provide
street lighting and drainage - action requested -
APPROVE FINAL MAP; ACCEPT THE FEE SIMPLE GRANT TO
DURHAM DAYTON HIGHWAY, SUNSUP LANE, AND SOUTHWIND COURT
AS SHOWN IN ITEM "A" OF THE OWNER'S STATEMENT; ACCEPT
RELINQUISHMENT OF ABUTTER'S RIGHTS OF ACCESS ALONG
DURHAM DAYTON HIGHWAY AS SHOWN IN ITEM "D" OF THE
OWNER'S STATEMENT; ACCEPT ON BEHALF OF THE ENTITIES
NAMED THE DEDICATIONS SHOWN IN ITEMS "B" AND "C" OF THE
OWNER'S STATEMENT; AND AUTHORIZE THE CHAIR TO SIGN THE
SUBDIVISION AGREEMENT.
3.28 * Public Works Maintenance Yard Repairs - Budget
Transfer - approval is requested for a transfer of
$14,412 of department funds to provide for payment of
repairs to the building in the Paradise maintenance
yard which was damaged during a storm in
December 2002 - action requested - APPROVE BUDGET
TRANSFER B-320 (4/5 vote required) AS DETAILED IN THE
AGENDA REPORT.
SHERIFF-
CORONER 3.29 * Chico Substation - Facilities Maintenance Budget
Transfer - approval is requested to transfer $2,781 of
department funds to provide for the removal of asbestos
t he and the installation of carpet in the Chico
Substation - action requested - APPROVE BUDGET TRANSFER
B-317.
3.30 * Sheriff's Office Communications Reserve - Charter -
approval is requested for a Charter for the Butte
County Sheriff's Office Communications Reserve. The
charter will revise the organization for the group,
which functions as backup communications personnel
during emergencies and disasters, to satisfy
requirements needed to establish a nonprofit tax exempt
corporation to fund emergency communications needs and
to make the unit eligible for federal funds when
available - action requested - APPROVE CHARTER AND
AUTHORIZE THE CHAIR TO SIGN THE APPROVALS AND
CONCURRENCES.
PAGE 9 MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA-MARCH 11, 2003
TREASURER-TAX
COLLECTOR 3.31 * Courthouse Certificates of Participation Refunding -
pursuant to Board direction, the Treasurer-Tax
Collector has completed the necessary steps to finalize
the refinancing of the existing 1993 Justice Facility
Project (Courthouse) Certificates of Participation.
The refinancing will result in a net savings to the
County in excess of $150,000 over the remaining life of
the bonds - action requested - AUTHORIZE THE TREASURER-
TAX COLLECTOR TO FINALIZE THE REFUNDING OF THE 1993
JUSTICE FACILITY CERTIFICATES OF PARTICIPATION; AND
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
4.00 REGULAR AGENDA
APPOINTMENTS 4 . 01 * Appointments to Boards, COmm1SS10T1S and Committees .
1. Appointments to Listed Vacancies.
PRESENTATION
AND DISCUSSION
ITEMS 4.02 * Report to the Board - Nuisance Abatement Program -
update on the status of the program - action
requested - ACCEPT FOR INFORMATION. (DEVELOPMENT
SERVICES)
4.03 * Integrated Groundwater Management Program and Plan
Ordinance - consideration of a proposed ordinance that
is intended to: 1) identify and implement, on a
comprehensive and integrated basis, existing County
ordinances and land use planning policies and their
applicability and effect on groundwater management and
regulation within the County; 2) protect the
groundwater resources within the County through the
management and regulation of groundwater pursuant to
the County's police power and land use authority; 3)
coordinate and cooperate with local water agencies and
purveyors and groundwater users within the County; and
4) provide a minimum and uniform standard of
groundwater protection within the County - action
requested - FIND THAT THE ORDINANCE IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCESS; AND
DIRECT STAFF TO CONTINUE MEETING WITH MEMBERS OF THE
PUBLIC TO RECEIVE INPUT ON THE CONTENTS OF THE
ORDINANCE AND/OR WAIVE READING OF THE ORDINANCE.
(COUNTY COUNSEL)
4.04 * Items Removed from the
Consideration and Action.
PAGE 10
Consent Agenda for Board
MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA-MARCH 11, 2003
BUDGET AND
LEGISLATIVE
UPDATE 4.05 Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
4.06 Recess as the Butte County Board of Supervisors and
Convene as the Butte County In-Home Supportive Services
Public Authority Board.
BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
AGENDA
MARCH 11 , 2003
1.00 Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive,
Oroville.
2.00 Agenda Items
2.01 * California Public Employees' Retirement System -
consideration of an agreement with the California
Public Employees' Retirement System (CalPERS) for the
provision of retirement benefits for the five employees
hired to conduct the business of the Public
Authority - action requested - ADOPT RESOLUTION OF
INTENTION TO APPROVE A CONTRACT WITH THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND AUTHORIZE THE
CHAIR TO SIGN.
3.00 Public Comment
4.00 Closed Session
4.01 Conference with Labor Negotiators
Government Code Section 54957.6:
Agency Representatives:
Employee Organization:
5.00 Adjournment
Craig Jory
Gravette.
Pursuant to
and Jeanne
United Domestic Workers of
America.
Adjourn as the In-Home Supportive Services Public
Authority Board and Convene as the Butte County Public
Facilities Financing Corporation.
PAGE ll MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003
PUBLIC FACILITIES FINANCING CORPORATION
SPECIAL MEETING AGENDA
Mr~zcx 11 , 2003
1.00 Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive,
Oroville.
2.00 Aaenda Items
2.01 * 1993 Justice Facility Certificates of Participation -
consideration of the refunding of the Certificates of
Participation - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE PRESIDENT, BOARD OF DIRECTORS, TO SIGN.
3.00 Public Comment
4.00 Adjournment
Adjourn as the Butte County Public Facilities Financing
Corporation and Reconvene as the Butte County Board of
Supervisors.
PAGE 12 MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
CONTINUED AGENDA
rJ . OO PUBLIC HEARINGS AND TIMED ITEMS
10:15 A.M. 5.01 * Public Hearing and Timed Item - Community Development
Block Grant Income and Southside Oroville Community
Center.
1. Timed Item:
A. Update on the Southside Oroville Community
Center - report to the Board on the status
of the Southside Oroville Community Center
Project - action requested - ACCEPT FOR
INFORMATION.
2. Public Hearing - consideration of a proposed
amendment to Community Development Block Grant
(CDBG) Grant No. 02-EDBG-874 to authorize the
transfer of up to $650,000 in Program Income to
assist with funding the following eligible
activities: 1) Veterans Memorial Hall Expansion
Plan Feasibility Study (up to $35,000); 2)
Purchase of Land for Low/Moderate Housing (874 E.
20th Street, Chapman) (up to $160,000); and 3)
Southside Oroville Community Center Outstanding
Building Improvements (up to $455,000); - actions
requested - OPEN PUBLIC HEARING TO CONSIDER:
A. Amendment of County Program Income Reuse
Plan - the allocation of CDBG funds for the
purchase of land for purposes of
constructing low/moderate housing will
require the Board to amend the program
income reuse plan by adding the following
language, "Section V(G) The purchase of
property for the purpose of providing
low/moderate housing." - action requested -
APPROVE AMENDMENT TO COUNTY REUSE PLAN
GOVERNING THE USE OF PROGRAM INCOME FROM
COMMUNITY DEVELOPMENT BLOCK GRANTS.
(Continued on Page 14)
PAGE 13 MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003
5.01 2. B. Consideration of the Amendment of CBDG Open
Grant No. 02-EDBG-874 - to authorize the
transfer of up to $650,000 of CDBG Program
Income to assist with funding several CDBG
eligible activities. The Program Income
will be allocated as follows: 1) Veterans
Memorial Hall Expansion Plan Feasibility
Study ($35,000); 2) Purchase of Land (874 E.
20th Street, Chapman) for Low/Moderate
Housing ($160,000); and 3) Southside
Oroville Community Center Outstanding
Building Improvements ($455,000) - action
requested - AUTHORIZE PROPOSED USE OF
$650,000 OF PROGRAM INCOME AND APPROVE
BUDGET TRANSFER B-326; AND ADOPT RESOLUTION
ADOPTING AN AMENDMENT TO CDBG GRANT NO. 02-
EDBG-874 TO INCLUDE THE ALLOCATION OF CDBG
PROGRAM INCOME FOR ADDITIONAL CDBG ELIGIBLE
ACTIVITIES AND AUTHORIZE THE CHAIR TO SIGN.
3. Timed Item:
A. Award of Bid - bids have been received for
landscaping the Southside Oroville Community
Center, with the low bidder meeting
specifications being JMS & Associates in the
amount of $164,688 - action requested -
APPROVE BUDGET TRANSFER B-328 ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE FOR THE
LANDSCAPING PROJECT; AND APPROVE AGREEMENT
WITH JMS & ASSOCIATES AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
10:30 A.M. 5.02 * Public Hearing - County Service Area No. 149 (Biggers
Subdivision) - Protest Hearing and Ballot Proceeding -
on January 14, 2003, the Board adopted Resolution
No. 03-005, setting a public hearing to conduct a
protest hearing and ballot proceeding to consider an
increase in per parcel service charges for County
Service Area (CSA) No. 149 - action requested - OPEN
PUBLIC HEARING; REQUEST PROPERTY OWNER PROTESTS AND/OR
BALLOTS; CLOSE HEARING; REQUEST PROTEST AND BALLOT
RESULTS FROM THE CLERK OF THE BOARD; AND IF A MAJORITY
PROTEST DOES NOT EXIST, AND THE MAJORITY OF BALLOTS ARE
IN FAVOR OF THE INCREASE, ADOPT A RESOLUTION APPROVING
THE INCREASED SERVICE CHARGE AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 1-14-03 [3.47])
PAGE 14 MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003
10:35 A.M. 5.03 * Public Hearing - Rename Road - on February 25, 2003,
the Board adopted Resolution of Intention No. 03-034,
proposing to rename Christopher J. Court, from La
Miranda Avenue to the end, to Palm Vista Lane - action
requested - ADOPT RESOLUTION APPROVING NAME CHANGE AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 2-25-03 [3.30])
10:40 A.M. 5.04 * Public Hearing - Extension of Speedway Avenue from
Midway to Entler Avenue (County Project No. 502550-99-
1) - Initial Study and Proposed Mitigated Negative
Declaration Regarding Environmental Impacts - the
proposed Speedway Avenue project is anticipated to
extend from the existing intersection at Midway to
Entler Avenue where it currently curves to parallel
State Route 99. The County proposes to improve the
existing Speedway Avenue from Midway Avenue to the
abandoned Union Pacific Railroad right-of-way and
extend Speedway Avenue east to connect with the
proposed Entler Avenue extension. The County has
reviewed and considered the proposed project and has
determined that, subject to mitigation measures
identified in the Negative Declaration, the project
will not have a significant effect on the environment,
with substantial supporting evidence provided in the
Negative Declaration. The County has prepared and
proposes to adopt a Mitigated Negative Declaration
regarding environmental impacts for this project. The
purpose of the public hearing it to receive public
comment and testimony on the proposed Mitigated
Negative Declaration. The public review period for the
Mitigated Negative Declaration will end on
March 22, 2003. A public hearing will be held on
April 8, 2003, to consider certification and adoption
of the Mitigated Negative Declaration - action
requested - OPEN PUBLIC HEARING TO ACCEPT PUBLIC
TESTIMONY AND COMMENT; CLOSE PUBLIC HEARING; DIRECT
STAFF TO ASSEMBLE ALL WRITTEN COMMENTS RECEIVED DURING
THE PUBLIC HEARING AND 30-DAY PUBLIC REVIEW PERIOD FOR
PREPARATION OF RESPONSES TO COMMENTS AND PROPOSED
MITIGATIONS; AND DIRECT A PUBLIC HEARING BE SET FOR
APRIL 8, 2003, AT 10:30 A.M. FOR CONSIDERATION OF
CERTIFICATION OF THE MITIGATED NEGATIVE DECLARATION AND
THE PROJECT.
PAGE 15 MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA-MARCH 11, 2003
1:00 P.M. 5.05 * Public Hearing - Consideration of an Ordinance Amending
Flood Hazard Prevention and Special Permit Zone II
Levee and Building Regulations in Chapter 26 of the
Butte County Code Regarding Conversion or Restoration
of Land for Conservation Purposes, and an Ordinance
Requiring a Use Permit for the Conversion of Land for
Conservation Purposes - proposed are the following two
ordinances:
1. An Ordinance Amending Flood Hazard Prevention and
Special Permit Zone II Levee and Building
Regulations in Chapter 26 of the Butte County
Code Regarding Conversion or Restoration of Land
for Conservation Purposes - the proposed
ordinance is intended to regulate specified
activities for the purpose of protecting people
and property from flood hazards and protecting
man-made conditions on farmland within the
unincorporated area of Butte County which is
adjacent to land upon which a conversion to
natural habitat is proposed; and
2. An Ordinance Requiring a Use Permit for the
Conversion of Land for Conservation Purposes -
the proposed ordinance is intended to regulate
the conversion of land for conservation purposes.
The purpose of such regulation is to insure that
environmental impacts which emanate from lands
converted from existing uses are mitigated by the
owners of the land converted and to insure that
the expenses of the mitigation of such impacts
are not shifted to County taxpayers.
Action requested - FIND THAT BOTH ORDINANCES ARE EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCESS;
AND WAIVE READING OF THE ORDINANCES.
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.
7.00 CLOSED SESSION
7.01 Conference with Legal Counsel Regarding Initiation of
Litigation Pursuant to Government Code Section
54956.9(c) one potential case.
PAGE 16
MARCH 11, 2003
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meeting Information: Meetings are generally held the second and fouth Tuesday of each month. Meetings start at 9:00 a.m. and are
held in the Board of Supervisors Chambers, County Administration 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 agenda is usually organized into the following areas and meetings generally proceed in the following
order:
1. ConsentAgenda: 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 Consent Agenda 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 ConsentAgenda, 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, by law, to meet in a closed session in certain
circumstances. This area ofthe 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