HomeMy WebLinkAboutA032205BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
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MARCH 22, 2005
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County Supervisors
Bill Connelly, 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
CALL TO ORDER
Call to Order
Administration
Oroville.
AGENDA - MARC13 22, 2005
- Board of Supervisors Room, County
Building, 25 County Center Drive,
Pledge of Allegiance to the Flag of the United States
of America.
Observation of a Moment of Silence.
2.O O CORRECTIONS AND~OR CHANGES TO THE AGENDA.
3.00 CONSENT AGENDA
AGRICULTURE 3.01 * Coalition of Urban/Rural Environmental Stewardship -
Grant Agreement - approval is requested for an
agreement with the Coalition of Urban/Rural
Environmental Stewardship (CURES) for $15,000 in grant
funds to be used to upgrade the department's computers
and GIS systems. Funds are to be expended no later
than September 30, 2005 - action requested - APPROVE
GRANT AGREEMENT AND AUTHORIZE THE DIRECTOR OF GENERAL
SERVICES TO SIGN; APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING GRANT FUNDS AS
DETAILED IN THE AGENDA REPORT; AND APPROVE ACQUISITION
OF COMPUTER HARDWARE AND SOFTWARE NEEDED TO COMPLY WITH
THE PROVISIONS OF THE GRANT AGREEMENT.
AUDITOR-
CONTROLLER 3.02 * Establishment of Fund - approval is requested to
establish a fund necessary for implementation of
Proposition 69, the DNA Identification initiative. The
initiative was passed at the November 2, 2004, election
and requires the funds collected by the courts to be
deposited into funds established by the Board for that
purpose - action requested - ESTABLISH PENDING TRUST
AND LOCAL SHARE TRUST FUNDS AS DETAILED IN THE AGENDA
REPORT; UPON APPROVAL OF THE BOARD, AUTHORIZE THE
AUDITOR-CONTROLLER TO MAKE REMITTANCES AND PAYMENTS FOR
COSTS TO THE STATE IN ACCORDANCE WITH THE LAW; AND
AUTHORIZE AND INSTRUCT THE AUDITOR-CONTROLLER TO
PREPARE THE ANNUAL REPORT REQUIRED AND SUBMIT THE
REPORT TO THE BOARD AND OTHER PARTIES AS REQUIRED BY
LAW.
PACE ~ MARC13 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - MARCH 22, 2OOS
BEHAVIORAL
HEALTH 3.03 * State of California, Department of Alcohol and Drug
Programs - approval is requested for a grant agreement
with the State of California, Department of Alcohol and
Drug Programs, for funding for the Comprehensive Drug
Court Implementation Program, Project Year 5. The
award extends funding through December 28, 2005, and
provides a maximum amount payable to the County for
fiscal year 2004-2005 of $70,296 - action requested -
APPROVE NOTICE OF GRANT AWARD AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.04 * State of California, Department of Alcohol and Drug
Programs - Amendment - approval is requested for an
amendment to the Grant Award Agreement with the State
of California, Department of Alcohol and Drug Programs,
for funding for the Comprehensive Drug Court
Implementation Program, Project Year 4. The amendment
extends the period of time the County can expend fiscal
year 2003-2004 funds to December 28, 2005. 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. R40325)
3.05 * Cherokee Restoration Fellowship - Amendment - approval
is requested for an amendment to the agreement with
Cherokee Restoration Fellowship for the provision of
long-term residential drug and alcohol treatment
services and alcohol/drug free housing services for
clients referred by the department under the Drug Court
and Substance Abuse Crime Prevention Act programs. The
amendment increases the maximum amount payable by
$19,055.25 (department budget), and adds or revises
agreement language regarding matching funds,
compensation and payment provisions. 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. X15129)
3.06 * Linda Huffmon - Amendment - approval is requested for
an amendment to the agreement with Linda Huffmon for
the provision of professional consulting services in
the areas of program and procedural planning, grant
planning and preparation, First Chance Coalition
planning and resource development, and housing
strategies for special needs clients. The amendment
increases the maximum amount payable by $15,780
(department budget) for an additional 263 hours of
services. 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. X15039)
PAGE 2 Maxcx 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - MARCH 22, 2OOS
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 and day-care
rehabilitation services for clients referred under the
Drug Court, Substance Abuse Crime Prevention Act, and
CalWORKs programs. The amendment increases the maximum
amount payable by $41,373.50 (department budget) and
adds or revises agreement language regarding matching
funds, compensation and payment provisions. 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. X15079)
3.08 * Skyway House - Amendment - approval is requested for an
amendment to the agreement with Skyway House for the
provision of long-term residential recovery services,
day-care rehabilitation services and drug/alcohol free
housing services for clients referred by the department
under the Substance Abuse Crime Prevention Act and
ACCESS programs. The amendment increases the maximum
amount payable by $67,965 (department budget) and adds
or revises agreement language regarding matching funds,
compensation and payment provisions. 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. X15065)
3.09 * Helios Health Care, LLC, d/b/a Chico Creek Care &
Rehabilitation - Amendment - approval is requested for
an amendment to the agreement with Helios Health Care,
LLC, d/b/a Chico Creek Care & Rehabilitation for the
provision of meals to patients at the Psychiatric
Health Facility. The amendment increases the maximum
amount payable by $3,867.60 (department budget). 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. X14997)
PAGE 3 Maxcx 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA - MARC13 22, 2005
CHILD SUPPORT
SERVICES 3.10 * Computer Assisted Support Enforcement System (CASES)
Consortium - approval is requested for a Memorandum of
Understanding with the CASES Consortium for County
participation in the consortium. The consortium was
established to pool member counties' experience and
knowledge regarding the CASES system to maximize the
system's accuracy and usefulness in a fiscally
responsible manner and the consortium serves as an area
where member counties work jointly to accomplish that
purpose. The agreement will commence upon execution of
the agreement and will continue until revoked,
dissolution of the consortium, or until the member
county representative is no longer eligible to vote.
Included with the Memorandum of Understanding are the
Bylaws adopted by the Consortium - action requested -
APPROVE MEMORANDUM OF UNDERSTANDING AND ACCEPT BYLAWS
AND AUTHORIZE THE DIRECTOR OF CHILD SUPPORT SERVICES TO
SIGN.
COUNTY
COUNSEL 3.11 * Local Government Omnibus Act of 2005 - Letter of
Support - approval is requested for a letter of support
for the Local Government Omnibus Act of 2005. County
Counsel has proposed an amendment to Government Code
Section 66452.5 which currently requires an appeal
under that section to be commenced within 30 days of
the filing of the appeal. Due to Board meeting
schedules and holidays there are times when no regular
meeting occurs within that 30 days and a Special
Meeting is required to consider the appeal. The
proposed amendment would extend the requirement for
commencement of the hearing from 30 days to the next
regular meeting at which it could be noticed and heard,
but not later than 60 days after the filing of the
appeal. The amendment has been included as Section 10
of Senate Bill 966, the Local Government Omnibus Act of
2005 - action requested - APPROVE LETTER OF SUPPORT AND
AUTHORIZE THE CHAIR TO SIGN.
3.12 * Rutan & Tucker, LLP - approval is requested for an
agreement with Rutan and Tucker, LLP, for the provision
of specialized legal services in connection with the
pending case involving Pacific Gas and Electric. The
term of the agreement is from the March 22, 2005,
through completion of the case, with a hourly
compensation rate of $250 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY THE AUDITOR-CONTROLLER.
PAGE a MARC13 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA - MARC13 22, 2005
DEVELOPMENT
SERVICES 3.13 * Notice of Partial Non-Renewal of Williamson Act
Agreement - Robert E. Allen/Rudolph J. Kopfer, by Duane
and Donna Falk, have submitted a Notice of Partial Non-
Renewal-Land Conservation Agreement for Assessor Parcel
Number 039-610-036, 10 +/- acres, Williamson Act
Contract Instrument Number 39680, Official Records Book
2259, Pages 413 through 423 - action requested - ACCEPT
NOTICE OF PARTIAL NON-RENEWAL AND DIRECT RECORDING OF
NOTICE.
EMPLOYMENT
AND SOCIAL
SERVICES 3.14 * Resolution Declaring March 2005 as Social Worker Month
in the County of Butte - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
GENERAL
SERVICES 3.15 * Fire Station 42 Building Budget Transfer - approval is
requested for a transfer of $199,110 from the General
Fund Appropriation for Contingencies to the Fire
Station 42 Capital Projects account to provide the
funding necessary for the purchase and installation of
a new modular building on the site to replace the
existing obsolete modular that serves as the residence
and office space for the fire station - action
requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) of $199,110 FROM THE GENERAL FUND
APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE
AGENDA REPORT.
3.16 * Courthouse Expansion Project Budget Transfer - approval
is requested to accept and appropriate $51,380 received
from the Superior Court of California, County of Butte,
to fund Change Order Numbers 16 and 17, for
modifications to construction activities associated
with the Courthouse Expansion Project - action
requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
3.17 * Donation to the Gridley Veterans' Memorial Hall -
pursuant to Government Code Section 25355, approval is
requested to accept an anonymous donation of authentic
1952 tires to replace deteriorating tires on the
artillery piece in front of the Gridley Veteran's
Memorial Hall - action requested - ACCEPT DONATION,
EXPRESSING THE BOARD'S APPRECIATION TO THE ANONYMOUS
DONOR.
PACE s MARC13 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA - MARC13 22, 2005
HUMAN
RESOURCES 3.18 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: ASSESSOR - deletes
one flexibly staffed position of Office
Specialist/Office Assistant. Adds one flexibly staffed
position of Assessment Clerk, Senior/Assessment
Clerk/Office Specialist, Senior/Office Specialist/
Office Assistant. SHERIFF-CORONER - SERVICES - adds
one position of Deputy Sheriff (effective 4-1-05).
PROBATION - JUVENILE HALL - deletes one position of
Administrative Assistant. Adds one position of
Administrative Assistant, Senior. PUBLIC HEALTH -
GENERAL SERVICES - deletes one position of
Administrative Assistant. Adds one position of
Administrative Assistant, Senior. SALARY PLAN FOR
CLASSIFIED POSITIONS, REFERENCE C, GENERAL UNIT
CLASSIFICATIONS - corrects the salary range for the
position classification of Public Health Assistant,
Senior to $12.15-$14.77. SALARY PLAN FOR CLASSIFIED
POSITIONS, REFERENCE F, MANAGEMENT, CONFIDENTIAL AND
SUPERVISORY UNIT CLASSIFICATION - corrects the salary
range for the position classification of Surveyor,
Senior to $30.74-$37.37 - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
LIBRARY 3.19 * Partners and Learning Program - Grant Application -
approval is requested to apply to the California State
Library for funds under the Library Services and
Technology Act grant programs to establish the Partners
and Learning (PAL) Program. The Library is applying
for $95,000 to establish the program that will enable
Literary Services to begin providing a tutoring program
for school children in the Oroville area - action
requested - AUTHORIZE THE DIRECTOR OF LIBRARIES TO
APPLY FOR GRANT FUNDS.
3.20 * Library Donations - pursuant to Government Code Section
25355, donations of $1,402.60 from the Chico Friends of
the Library, $1,391.20 from the Oroville Friends of the
Library, $1,100 from the Paradise Friends of the
Library, $100 from the Gridley Friends of the Library,
$100 from Ruthmarie Ferris of Oroville, and $100 from
an anonymous donor, have been received for the Butte
County Trust Fund for the purchase of books - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
PACE 6 MARCH 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - MARCH 22, 2OOS
PROBATION 3.21 * Equipment Purchase and Budget Transfer - approval is
requested for the fixed asset purchase of a Livescan
fingerprint machine for the Juvenile Hall. Recent
legislation requires finger and palm prints to be taken
for certain violent offenders, including juveniles.
The equipment currently in use is unable to take palm
prints and new equipment is needed to comply with the
new requirements. The cost of the Livescan machine is
$40,529, and Board approval is also requested to
transfer funds from the Criminal Justice Temporary
Facilities Construction fund to provide for the
purchase - action requested - APPROVE FIXED ASSET
PURCHASE OF LIVESCAN MACHINE; AND APPROVE A BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE
AGENDA REPORT.
3.22 * Edward Byrne Memorial Justice Assistance Grant -
approval is requested to apply to the United States
Department of Justice, Office of Justice Programs,
Bureau of Justice Assistance for funds under the Edward
Byrne Memorial Justice Assistance Grant program. The
grant program allows local government to support a
broad range of activities to prevent and control crime
based on their own local needs and conditions. The
department can apply for a local allocation of $21,912
and plans to use the funds to support community
corrections programs, education programs and drug
treatment programs - action requested - AUTHORIZE THE
CHIEF PROBATION OFFICER TO APPLY FOR GRANT FUNDS.
3.23 * Drug Court Discretionary Grant - approval is requested
to apply to the United States Department of Justice,
Office of Justice Programs, Bureau of Justice
Assistance for funds to support programs that reduce
recidivism and substance abuse among nonviolent
offenders, increase the offenders likelihood of
successful rehabilitation through early, continuous and
intense judicially supervised treatment, mandatory
periodic drug testing and community supervision, and
implement the use of appropriate sanctions and other
rehabilitation services. The department can apply
for a three year grant (July 1, 2005, through
June 30, 2008) in an amount of up to $450, 000 per year.
The grant requires a 25o County match which can be both
in-kind and/or cash and will be covered by the
department's operating budget - action requested -
AUTHORIZE THE CHIEF PROBATION OFFICER TO APPLY FOR
GRANT FUNDS
PAGE ~ Maxcx 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - MARCH 22, 2OOS
PUBLIC
HEALTH 3.24 * Medi-Cal Administrative Activities/Targeted Case
Management Program - Amendments - approval is requested
for amendments to the participation fee agreements with
16 consortium agencies for the Medi-Cal Administrative
Activities/Targeted Case Management program. The
department acts as Host Entity for the consortium. A
total of 56 agencies participate in the program and fee
agreements have been prepared for all agencies; 16 of
the amendments require Board approval because they are
over the $25,000 limit (12), or amend agreements that
were once above the $25,000 limit but have now fallen
below that amount (4) - action requested - APPROVE
AGREEMENTS (16) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.25 * Solid Waste Assistance Grant - approval is requested to
apply to the State of California, Integrated Waste
Management Board for funds to support local solid waste
landfill permit and inspection programs. The
department may apply for approximately $18,600 in State
funds, with no County match required. The funds will
be used to support staff and operating expenses of the
solid waste permit and inspection program - action
requested - ADOPT RESOLUTION APPROVING GRANT
APPLICATION AND AUTHORIZE THE CHAIR TO SIGN.
3.26 * Northern California Emergency Medical Services (EMS),
Inc. - Modification - approval is requested for a
modification of an agreement with Northern California
EMS, Inc., which designates Northern California EMS,
Inc., as the Local EMS Agency. The modification sets
the maximum amount payable for fiscal year 2004-2005 at
$47,168, and the maximum amount payable for fiscal year
2005-2006 at $49,283 plus an amount that reflects the
change of the Consumer Price Index for the Pacific
Cities and United States city average west B/C area for
the prior calendar year ending December 31, 2004.
Funding for the agreement is provided by fees collected
under the SB12/612 EMS Fund - action requested -
APPROVE AGREEMENT MODIFICATION AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.27 * Butte County Children and Families Commission - Grant
Agreement Amendment - approval is requested for an
amendment to the grant agreement with the Butte County
Children and Families Commission for funds to help
support the Visiting Infants and Parents (VIP) Program.
The amendment extends the term of the grant to
July 31, 2005, and increases the grant award amount by
$51,350. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14101)
PAGE s Maxcx 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - MARCH 22, 2OOS
3.28 * California Family Health Council, Inc. - approval is
requested for a grant agreement with the California
Family Health Council, Inc., for funds to support the
Peer Provider Program at the Table Mountain Clinic.
The term of the grant is January 1, 2005, through
December 31, 2005, with a maximum amount payable to the
County of $105,000. The department is requesting that
$11,000 for the funds be appropriated in the current
fiscal year, with the balance of the funds to be
included in the fiscal year 2005-2006 budget - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER; AND APPROVE A BUDGET TRANSFER (4/5
vote required) ACCEPTING AND APPROPRIATING $11,000 AS
DETAILED IN THE AGENDA REPORT.
PUBLIC
woxxs 3.29 * Tire Amnesty Grant Application - Report to the Board -
submitted is a status update on the County's grant
application for funds to support tire amnesty events.
At its meeting of February 15, 2005, the California
Integrated Waste Management Board voted to adopt a
resolution funding the County's grant application for
a total of $40,000. The funds will be used for 2 one-
day tire amnesty events in 2005. The first event is
scheduled for June 11, 2005, at the Highway 70
Industrial Park in Oroville - action requested - ACCEPT
FOR INFORMATION.
3.30 * URS Corporation - Amendment - approval is requested for
an amendment to the agreement with URS Corporation for
the provision of environmental monitoring and reporting
services for the Neal Road Sanitary Landfill. The
amendment increases the maximum amount payable by
$37,217 for additional services to include groundwater
monitoring well repair/abandonment, GeoTracker
reporting and monthly landfill gas monitoring. Funding
for the amendment will be provided by a combination of
Neal Road Landfill Enterprise Funds and unanticipated
revenue from increased landfill gate fees and Board
approval is also requested for a budget transfer of
$18,637 in landfill gate fee revenue to provide the
needed appropriation - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
PAGE 9 Maxcx 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA - MARC13 22, 2005
SHERIFF'S
OFFICE 3.31 * Superior Court of California, County of Butte -
approval is requested for a revenue agreement with the
Superior Court of California, County of Butte, for the
provision of Court Security Services by the Butte
County Sheriff's Office. The term of the agreement is
July 1, 2004, through June 30, 2006, with a maximum
amount payable to the County of $2,624,662 ($1,268,662
for fiscal year 2004-2005, and $1,356,000 for fiscal
year 2005-2006). The agreement provides for one
additional Deputy Sheriff effective April 1, 2005.
Board approval is also requested to accept and
appropriate $189,662 in unanticipated court security
revenue. The current fiscal year's budgeted revenue
figures where less than the actual contract amount -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER; AND APPROVE A BUDGET TRANSFER
(4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT.
3.32 * Tribal Grant Funds - approval is requested to accept
and appropriate $41,095 in supplemental Indian Gaming
Local Community Benefit grant funds for fiscal year
2003-2004 - action requested - APPROVE A BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
TREASURER-
TAX COLLECTOR 3.33 * Monthly Investment Report - submitted is the Monthly
Investment Report dated February 28, 2005, in
accordance with the Statement of Investment Policy
dated July 1, 2004 - action requested - ACCEPT FOR
INFORMATION.
WATER AND
RESOURCE
CONSERVATION 3.34 * Butte County Water Commission - the department has
solicited letters of interest for positions on the
Butte County Water Commission since January 2005. One
letter of interest has been received for the Landowner-
district water representative - ACTION REQUESTED -
APPOINT D.C. JONES, LANDOWNER-DISTRICT WATER
REPRESENTATIVE TO A TERM TO END MARCH 1, 2009.
OTHER
DEPARTMENTS
AND AGENCIES 3.35 * Paradise Recreation and Park District - Letter of
Support - the Paradise Recreation and Park District
would like to pursue Proposition 40 grant funds to
acquire capital to construct a new recreation center.
The land upon which the new recreation center would be
built is County land leased by the District. The
District is requesting a letter of support for the
project to include in their grant application package -
action requested - APPROVE LETTER OF SUPPORT AND
AUTHORIZE THE CHAIR TO SIGN.
PACE io MARC13 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA - MARC13 22, 2005
3.36 * Resolution Recognizing April as Child Abuse Prevention
Month - the Parent Education Network is requesting the
Board adopt a resolution recognizing April as Child
Abuse Prevention Month in Butte County - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.37
4.00
In-Home Supportive Services Advisory Committee - action
requested - APPOINT DANIEL GROVER AND WILLIAM ARMFIELD
TO TERMS TO END DECEMBER 19, 2007.
REGULAR AGENDA
BOARDS,
COMMISSIONS AND
COMMITTEES 4.01 * Boards, Commissions and Committees.
1. Appointments to Listed Vacancies.
2. Board Member or Committee Reports.
BUDGET AND
LEGISLATIVE
UPDATE 4.02
PRESENTATION
AND DISCUSSION
Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
* 1. Letter of Support for Senate Bill 733 (Aanestad)-
consideration of a letter of support for a bill
that would separate Superior Court of California,
County of Butte, employees from the County's
CalPERS contract - action requested - APPROVE
LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO
SIGN.
ITEMS 4.03 * Realignment of River Road - consideration of a
Cooperative Agreement with the State of California,
Department of Transportation, for a safety improvement
project at the intersection of State Highway 32 and
River Road - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (PUBLIC WORKS)
PACE ~~ MARC13 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - MARCH 22, 2OOS
4.04 * Skyway Lookout Point Parking and Pedestrian Viewing
Facilities (County Project Number 51261-2-2005-1) -
Mitigated Negative Declaration - consideration of
adoption of a Mitigated Negative Declaration regarding
environmental impacts for the Skyway Lookout Point
Parking and Pedestrian Viewing Facilities - action
requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE
AGENDA REPORT DATED MARCH 8, 2005, ADOPT A
MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS FOR THE SKYWAY LOOKOUT
POINT PARKING AND PEDESTRIAN VIEWING FACILITIES
PROJECT AND AUTHORIZE THE CHAIR TO SIGN;
2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE
TO FISH AND WILDLIFE OR THEIR HABITAT WITH THE
IMPLEMENTATION OF PROPOSED MITIGATION MEASURES AS
A SAFEGUARD AND APPROVE A ~~DE MINIMUS" EXEMPTION
TO THE COLLECTION OF FEES PURSUANT TO FISH AND
GAME CODE SECTION 711.4 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 SERVICES. THE PROJECT WILL NOT
HAVE A SUBSTANTIAL 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
3. ADOPT A MITIGATION MONITORING AND REPORTING
PROGRAM (MMRP) AND DIRECT THE PUBLIC WORKS
DEPARTMENT TO MAKE THE MITIGATION MONITORING AND
REPORTING PROGRAM A PART OF THE REQUIREMENTS FOR
THE PROJECT. (PUBLIC WORKS)
PAGE 12 Maxcx 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA - MARC13 22, 2005
4.05 * Consideration of an Ordinance Amending the Butte County
Code, by Adding Article VI, Composed of Articles VI(A),
VI(B), VI(C), and VI(D), to Chapter 10 of Said Code -
consideration of an ordinance which will expand the
County Code regarding the encroachment permit process
by providing more specific details and requirements to
help guide both the applicants wishing to work or
encroach onto a County highway or road, as well as
Public Works Staff who review and issue the
encroachment permits - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (PUBLIC
WORKS [FROM 3-1-05/4.06])
4.06 * Proposed Revision of Chapter 13 of the Butte County
Code Regarding Grading and Mining - consideration of a
working group to review and recommend possible
revisions to Chapter 13 of the Butte County Code
regarding grading, erosion and sedimentation
regulations - action requested - APPOINT TWO BOARD
MEMBERS TO WORK WITH STAFF ON REVIEWING AND
RECOMMENDING PROPOSED REVISIONS TO CHAPTER 13, GRADING
AND MINING, OF THE BUTTE COUNTY CODE. (PUBLIC WORKS)
4.07 * Resolution Requesting Changes to the Draft Diesel
Particulate Matter Control Measures for Municipal or
Utility On-Road Heavy Duty Diesel Fuel Vehicles -
consideration of a resolution which would request
changes to the California Air Resources Board's drafted
proposed regulations for diesel particulate matter -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN. (PUBLIC WORKS)
4.08 Items Removed from the Consent Agenda for Board
Consideration and Action.
PAGE 13
MARC13 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - MARCH ZZ~ 2OOS
Jr' .OO P[1BLIC HEARINGS AND TIMED ITEMS
10:30 A.rn. 5.01 * Public Hearing - Abandonment of a Portion of a Drainage
Easement - Public Works has received a request to
abandon a portion of an existing 20-foot drainage
easement on property located on a vacant lot on the
east side of Jack Hill Drive, 130 feet south of 6336
Jack Hill Drive in the Kelly Ridge area, Oroville.
Approval of the request was recommended by the Planning
Commission at its meeting of February 25, 2005. The
applicant has obtained an encroachment permit and
intends to install the necessary culvert referenced in
the Planning Commission Report - action requested -
FIND THAT PORTION OF THE DRAINAGE EASEMENT DESCRIBED IN
THE NOTICE OF HEARING AND PETITION IS UNNECESSARY FOR
PRESENT OR PROSPECTIVE PUBLIC USE; AND ADOPT A
RESOLUTION OF ABANDONMENT AND AUTHORIZE THE CHAIR TO
SIGN.
PAGE 14 MARC13 ~~~ X005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - MARCH 22, 2OOS
10:45 A.rn. 5.02 * Public Hearing - Amendment to the Text of Chapter 24,
Section 24-35.40, of the Butte County Code, Regarding
Non-Conforming Parcels - Butte County Department of
Development Services - consideration of an ordinance
amendment which would allow rear yard setbacks to be
reduced by 5-foot increments with a minimum rear yard
setback of ten feet and revise the building envelope to
50 feet in width. This is a project on which notice of
intent to adopt a negative declaration with mitigation
measures regarding environmental impacts has been given
(YC [ZCA 05-02]) - action requested - STAFF RECOMMENDS
THE BOARD TAKE THE FOLLOWING ACTIONS:
1. FIND THAT THE NONCONFORMING LOT SETBACK ORDINANCE
HAS BEEN THE SUBJECT OF STAFF STUDY AND HAS BEEN
PREPARED FOR THE PURPOSE AND INTENT AS STATED IN
SECTION 24-35.40 OF THE PROPOSED ORDINANCE;
2. SUBJECT TO FINDINGS II(A-C) AS DETAILED IN THE
STAFF REPORT DATED MARCH 22, 2005, ADOPT A
NEGATIVE DECLARATION;
3. FIND THAT THE PROPOSED PROJECT 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 ADOPTION OF THE AMENDED ORDINANCE
WILL NOT RESULT IN IMPACTS TO FISH AND/OR
WILDLIFE; AND
4. SUBJECT TO FINDING IV(A) AS DETAILED IN THE
AGENDA REPORT DATED MARCH 22, 2005, ADOPT THE
ORDINANCE AMENDING SECTION 24-35.40, OF
CHAPTER 24, OF THE BUTTE COUNTY CODE, REGARDING
NONCONFORMING PARCELS OF RECORD AND AUTHORIZE THE
CHAIR TO SIGN.
PAGE is Maxcx 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - MARCH 22, 2OOS
11:00 A.rn. 5.03 * Public Hearing - Amendment to the Text of Chapter 24,
Sections 24-140, 24-145, 24-150, 24-155, and 24-225, of
the Butte County Code, Regarding Commercial Signage -
Butte County Department of Development Services -
consideration of an ordinance amendment which would
amend the commercial zones of the County so that where
commercially-zoned property is adjacent to
residentially-zoned property, the standards for
allowable signs would be the sign standards in the N-C
(Neighborhood-Commercial) zoning district, and setting
limits on the height, size, and illumination of outdoor
advertising signs. Outdoor advertising signs not
complying with the proposed amendments would require a
use permit. This is a project on which notice of
intent to adopt a negative declaration with mitigation
measures regarding environmental impacts has been given
(YC [ZCA 004]) - action requested - STAFF RECOMMENDS
THE BOARD TAKE THE FOLLOWING ACTIONS:
1. FIND THAT THE SIGN ORDINANCE FOR COMMERCIAL ZONES
HAS BEEN THE SUBJECT OF STAFF STUDY AND PUBLIC
COMMENT, AND HAS BEEN PREPARED FOR THE PURPOSE OF
REGULATING SIGNS IN THE C-1 (LIGHT COMMERCIAL),
C-2 (GENERAL COMMERCIAL), H-C (HIGHWAY
COMMERCIAL), AND S-H (SCENIC HIGHWAY) ZONES THAT
ARE ADJACENT TO RESIDENTIALLY-ZONED PROPERTY. IN
SUCH INSTANCES, THE REQUIRED SIGN STANDARDS ARE
TO BE THOSE OF THE N-C (NEIGHBORHOOD COMMERCIAL)
ZONING DISTRICT;
2. SUBJECT TO FINDINGS II (A-C) AS DETAILED IN THE
AGENDA REPORT DATED MARCH 22, 2005, ADOPT A
NEGATIVE DECLARATION;
3. FIND THAT THE PROPOSED PROJECT 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 ADOPTION OF THE AMENDED ORDINANCE
WILL NOT RESULT IN IMPACTS TO FISH AND/OR
WILDLIFE; AND
4. SUBJECT TO FINDING IV (A) AS DETAILED IN THE
AGENDA REPORT DATED MARCH 22, 2005, ADOPT THE
ORDINANCE AMENDING SECTIONS 24-140, 24-145, 24-
150, 24-155 AND 24-255, OF CHAPTER 24 OF THE
BUTTE COUNTY CODE, REGARDING COMMERCIAL SIGN
PROVISIONS AND AUTHORIZE THE CHAIR TO SIGN.
PAGE ~6 Maxcx 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - MARCH 22, 2OOS
11:15 A.rn. 5.04 * Public Hearing - Amendment to Sections 24-82, 24-95,
24-105, 24-110, 24-115, 24-120, 24-125, 24-130, 24-135,
24-155, 24-160, 24-165, 24-190, 24-210, 24-225, 24-
235.10, 24-280, and 24-295.10 of Chapter 24, Zoning, of
the Butte County Code, Regarding Second Dwelling
Units - Butte County Department of Development
Services - consideration of an ordinance amendment
which would incorporate State laws that permit second
units without a minor use permit requirement in zones
where residential uses are permitted by right and
changing the existing standards applying to second
dwelling units. This is a project on which notice of
intent to adopt a negative declaration with mitigation
measures regarding environmental impacts has been
given. (YC [ZCA 05-01]) - action requested - STAFF
RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. FIND THAT THE SECOND DWELLING UNIT ORDINANCE HAS
BEEN THE SUBJECT OF EXTENSIVE STAFF STUDY AND
PUBLIC COMMENT, AND HAS BEEN PREPARED FOR THE
PURPOSE OF INCORPORATING STATE LAWS THAT PERMIT
SECOND DWELLING UNITS WITHOUT A MINOR USE PERMIT
REQUIREMENT IN ZONES WHERE RESIDENTIAL USES ARE
PERMITTED BY RIGHT; AND
2. SUBJECT TO FINDINGS II (A-C) AS DETAILED IN THE
STAFF REPORT DATED MARCH 22, 2005, ADOPT A
NEGATIVE DECLARATION;
3. FIND THAT THE PROPOSED PROJECT 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 ADOPTION OF THE AMENDED ORDINANCE
WILL NOT RESULT IN IMPACTS TO FISH AND/OR
WILDLIFE; AND
4. SUBJECT TO FINDINGS IV (A-C) AS DETAILED IN THE
AGENDA REPORT DATED MARCH 22, 2005, ADOPT THE
ORDINANCE AMENDMENT SECTIONS 24-82, 24-95, 24-
105, 24-110, 24-115, 24-120, 24-125, 24-130, 24-
135, 24-155, 24-160, 24-165, 24-190, 24-210, 24-
225, 24-235.10, 24-280, AND 24-295.10 OF CHAPTER
24, ZONING, OF THE BUTTE COUNTY CODE, REGARDING
SECOND DWELLING UNITS AND AUTHORIZE THE CHAIR TO
SIGN.
PAGE ~~ Maxcx 22, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA - MARC13 22, 2005
1:30 P.rn. 5.05 * Public Hearing - Community Development Block Grant
Program - Fiscal Year 2005-2006 General Allocation
Application - consideration of grant applications for
multiple year funding under the Community Development
Block Grant Program, General Allocation, in a maximum
amount of up to $1, 500, 000 ($500, 000 per year for 3
years) for the following projects: Housing
rehabilitation in the unincorporated area of the
County; Removal of architectural barriers to the Chico
Veterans' Memorial Hall; Removal of architectural
barriers to the Paradise Veterans' Memorial Hall;
Removal of architectural barriers to the Gridley
Veterans' Memorial Hall; Removal of architectural
barriers to the Oroville Veterans' Memorial Hall;
Construction of sidewalks in South Oroville; Code
enforcement in the South Oroville area; and the Book by
Mail Program for homebound seniors and disabled
individuals in the County - action requested - ADOPT
RESOLUTION APPROVING GRANT SUBMITTAL AND AUTHORIZE THE
CHAIR TO SIGN.
F) . OO P[1BLIC 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): TWO POTENTIAL CASES.
7.02 PUBLIC EMPLOYEE PERFORMANCE EVALUATION, PURSUANT TO
GOVERNMENT CODE SECTION 54957: DIRECTOR-DEVELOPMENT
SERVICES.
7.03 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6:
AGENCY REPRESENTATIVE: JEANNE GRAVETTE
EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY MANAGEMENT
EMPLOYEES ASSOCIATION (MANAGEMENT AND SUPERVISORY
UNIT); DEPUTY SHERIFF'S ASSOCIATION (GENERAL UNIT AND
MANAGEMENT AND SUPERVISORY UNIT); BUTTE COUNTY
CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL UNIT AND
MANAGEMENT AND SUPERVISORY UNIT; PROFESSIONAL EMPLOYEES
UNIT; SOCIAL SERVICES WORKERS UNIT; AND PROBATION PEACE
OFFICERS' ASSOCIATION.
PACE is MARC13 22, 2005
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 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 notincluded in the agenda supporting material. Copies of all communications received
by the Board ofSupervisors (excluding documents that are not a public recordwithin the meaning of the Public
Records Act) are available atthe 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 consideredroutine 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 outa speaker
card (located in the backof the board room) and give itto 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, by law, 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 530-53 8-7631, 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