HomeMy WebLinkAboutA032503BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
MARCH 25, 2003
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County Supervisors
R.J. "Bob" Beeler, District 1
Jane Dolan, District 2
Mary Anne Houx, District 3
Curt Josiassen, District 4
Kim Yamaguchi, District 5
Paul McIntosh, Chief Administrative Bruce Alpert, County Counsel
Officer and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS
9:00 A.M. 1.00 CALL TO ORDER
AGENDA -MARCH 25, 2003
1.01 Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive,
Oroville.
1.02 Pledge of Allegiance to the Flag of the United States
of America.
1.03 Invocation - Pastor Curt Jarboe, Grace Baptist Church,
Oroville.
2.00 CORRECTIONS AND~OR CHANGES TO THE AGENDA
3.00 CONSENT AGENDA
BEHAVIORAL
HEALTH 3.01 * State of California Department of Alcohol and Drug
Programs - Grant Agreement Amendment - approval is
requested for an amendment to the grant agreement with
the State of California Department of Alcohol and Drug
Programs for funds to support the Drug Court
Partnership Project. The amendment provides for an
additional $2,234 in grant funds for fiscal year 2002-
2003. All other terms and provisions remain the same -
action requested - APPROVE BUDGET TRANSFER B-345 (4/5
vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED GRANT REVENUE; AND APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. R40153)
3.02 * T.W. DuFour and Associates - Amendment - approval is
requested for an amendment to the lease agreement with
T.W. DuFour and Associates for the property located at
470 Rio Lindo Avenue, Suite 1, Chico. The property is
utilized by the Youth Services Division. The amendment
corrects the agreement's term ending date from
October 31, 2004, to October 31, 2003. All other terms
and provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X11853)
3.03 * Cherokee Restoration Fellowship - Amendment - approval
is requested for an amendment to the agreement with
Cherokee Restoration Fellowship for the provision of
residential treatment services. The amendment
increases the maximum amount payable by $13,807.40
(department budget) for additional client treatment
days. All other terms and provisions remain the same -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X13745)
PAGE 1 MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 25, 2003
BOARD OF
SUPERVISORS 3.04 Facilities Master Plan Steering Committee - Supervisor
Houx submits a District 3 representative to the
Facilities Master Plan Steering Committee - action
requested - APPOINT PATRICK COLE, DISTRICT 3
REPRESENTATIVE.
CHIEF
ADMINISTRATIVE
ns~s~ T rs~
CLERK OF
THE BOARD
3.05 * Americans with Disabilities Act (ADA) Door Operators -
Budget Transfer - approval is requested to transfer
$2,500 of lease revenue from the County's General Fund
to cover the cost of installing ADA Door Operators at
the Paradise Branch Library. The Paradise Recreation
and Park District leases County-owned land at the rate
of $5,000 per year. The lease agreement provides that
the funds received from the lease are utilized to
improve County services or programs - action
requested - APPROVE BUDGET TRANSFER B-350 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
3.06 * An Ordinance Amending Ordinance Number 3826, Entitled
"Community Health Care Ordinance Providing Standards
for the Use of Local Tobacco Monies" and Amending
Chapter 2 of the Butte County Code, Entitled
"Administration", Adding Article XXIII, Entitled
"Community Health Care Ordinance Providing Standards
for the Use of Local Tobacco Monies" - approval is
requested for an ordinance which will amend Ordinance
No. 3826, revising Section 1, paragraph (b) to
incorporate changes in the purpose and scope of
Proposition 10 and the Butte County Children and
Families Commission as requested by the Commission,
revising Section 2, paragraph (a) to clarify how
appointments to the Tobacco Monies Advisory Commission
are to be made, and adding the required language to
provide for codification of the ordinance into the
Butte County Code - action requested - WAIVE READING OF
THE ORDINANCE.
3.07 * Resolution Certifying Charter Amendment "L" - approval
is requested for a resolution which will provide for
the Butte County Charter Amendment approved by the
voters at the November 5, 2002, general election, and
certified to the Board on December 10, 2002, to
henceforth be known to the County as Ordinance Number
3842 and submitting the Charter amendment to the
Secretary of State of the State of California in
accordance with the provisions of Section 3 of Article
XI of the Constitution of the State of California and
Government Code Section 23723 - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND
AUTHORIZE THE COUNTY CLERK-RECORDER-REGISTRAR OF VOTERS
AND THE CLERK OF THE BOARD OF SUPERVISOR TO SIGN
CERTIFICATION.
PAGE 2 MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 25, 2003
COUNTY
COUNSEL 3.08 * Abbott & Kindermann, LLP - Amendment - approval is
requested for an amendment to the agreement with
Abbott & Kindermann, LLP, for the provision of
specialized attorney services. The amendment increases
the hourly reimbursable rate by $15 per hour
(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 THE AUDITOR-CONTROLLER.
DEVELOPMENT
SERVICES 3.09 Adoption 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 - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE CONDITIONAL
ZONING AGREEMENT CONTAINING A CORRECTED LEGAL
DESCRIPTION AND AUTHORIZE THE CHAIR TO SIGN. (FROM
3-11-03 [3.10] )
EMPLOYMENT
AND SOCIAL
SERVICES 3.10 * Interim Statewide Automated Welfare System Consortium -
approval is requested for a Memorandum of Understanding
and Bylaws for the Interim Statewide Automated Welfare
System (ISAWS) Consortium. The 35 member counties
have been operating as a voluntary consortium for
several years and the proposed documents will create a
formalized consortium and formalize the current process
for system maintenance charges. There are no financial
obligations associated with the proposed documents -
action requested - APPROVE MEMORANDUM OF UNDERSTANDING
AND BYLAWS AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 3 MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 25, 2003
GENERAL
SERVICES 3.11 * RRM Design Group - approval is requested for an
agreement with RRM Design Group for the provision of
architectural and engineering work for the design of
the fire station to be constructed at Eaton Road and
Hicks Lane in the north Chico area. A Request For
Proposal was issued and the selection committee
selected RRM Design Group. The term of the agreement
is March 11, 2003, through June 11, 2003, with a
maximum amount payable of $35,393 (project construction
budget) for services through the schematic design
phase. An option is included in the agreement that
allows for extension of the contract through completion
of the project for an additional maximum amount payable
of $153,807 - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
HUMAN
RESOURCES 3.12 * Public Safety Dispatcher Lateral Transfers - approval
is requested to compensate Public Safety Dispatchers
hired as Lateral Transfers at step two of the salary
range for Public Safety Dispatcher in support of
recruiting efforts. The job specifications have been
updated to detail qualifications needed to be hired as
a Lateral Transfer - action requested - APPROVE
COMPENSATION OF PUBLIC SAFETY DISPATCHERS HIRED AS
LATERAL TRANSFERS AT STEP TWO OF THE SALARY RANGE FOR
PUBLIC SAFETY DISPATCHERS.
3.13 * Resolution to Amend the Salary Ordinance - approval is
requested for a resolution which will amend the salary
ordinance as follows: HUMAN RESOURCES - deletes one
flexibly staffed position of Personnel Analyst III/II/I
and adds one flexibly staffed position of Personnel
Analyst III/II/I/Personnel Specialist. DISTRICT
ATTORNEY-CRIMINAL - deletes one flexibly staffed sunset
position of Office Assistant III/II/I and adds one
sunset position of Legal Typist Clerk (sunset positions
end 6-30-03) SHERIFF-CORONER-SERVICES - deletes seven
flexibly staffed positions of Public Safety
Dispatcher/Public Safety Dispatcher Trainee and adds
seven positions of Public Safety Dispatcher and one
flexibly staffed position of Sheriff's Clerk III/II/I.
SALARY PLAN FOR CLASSIFIED POSITIONS REFERENCE C -
eliminates the classification of Public Safety
Dispatcher Trainee and adjusts the salary range for
Public Safety Dispatcher to $14.70-$17.86. SALARY PLAN
FOR CLASSIFIED POSITIONS REFERENCE F - adjusts the
salary range for Supervising Dispatcher to $17.42-
$21.18. Deletes the classification of Supervising
Juvenile Hall Counselor. SALARY PLAN FOR CLASSIFIED
POSITIONS REFERENCE I - adds the classification of
Supervising Juvenile Hall Counselor - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
PAGE 4 MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 25, 2003
LIBRARY 3.14 * Donations - pursuant to Government Code Section 25355,
donations of $1,181 from the Oroville Friends of the
Library and $1,000 from the Paradise Friends of the
Library have been received for the Butte County Trust
Fund for the purchase of books - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
PROBATION 3.15 * Resolution Recognizing National Crime Victims' Rights
Week April 6-12, 2003 - the Butte County Victim and
Witness Assistance Center is requesting the Board adopt
a resolution which recognizes National Crime Victims'
Rights Week April 6-12, 2003 - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.16 * Vehicle Donation - pursuant to Government Code Section
25355, approval is requested to accept the donation of
a 2001 Ford Expedition and a 2000 Chevrolet pickup
received from Butte Inter-agency Narcotics Task Force
for the Probation Department - action requested -
ACCEPT DONATIONS OF FIXED ASSET ITEMS AND AUTHORIZE A
LETTER OF APPRECIATION.
PUBLIC
HEALTH 3.17 * Private Industry Council - Amendment - approval is
requested for an amendment to the lease agreement with
the Private Industry Council for the property located
at 2445 Carmichael Road in Chico. The location is
utilized as the Chico Employment Center. The amendment
provides for the medical clinic to expand from 780
square feet to 2,095 square feet and provides for an
additional $10,000 (department budget) set aside for
change orders, modifications, infill or additions
necessary for the upgraded clinical 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. X10770)
PUBLIC
woRxs 3.18 * Introduction of an Ordinance Establishing Speed Limits
on Certain Roads Within the County of Butte -
consideration of an ordinance which will establish the
following speed zones in the Chico area: a 25 miles per
hour speed limit on Martin Street (from Wisconsin
Street to Cleveland Avenue), Jackson Street (from
Wisconsin Street to California Street), Bruce Street
(from Humboldt Road to Virginia Street), Guill Street
(from Ohio Street to Cleveland Avenue), Wisconsin
Street (from Boucher Street to Guill Street), Colorado
Street (from Boucher Street to Jackson Street),
California Street (from Boucher Street to Jackson
Street), Mulberry Street (from East 21St Street to East
23rd Street) , and Laurel Street ( from East 21St Street to
East 23rd Street). A 30 miles per hour speed limit on
Glenwood Avenue (from State Route 32 [Nord Avenue] to
West Sacramento Avenue) - action requested - WAIVE
READING OF THE ORDINANCE.
PAGE 5 MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 25, 2003
3.19 * Resolution Declaring Multi-way Stop Intersection at Oak
Park Avenue and Rose Avenue, Chico - approval is
requested for a resolution which would declare the
intersection of Oak Park Avenue and Rose Avenue in
Chico a multi-way stop intersection. Traffic control
considerations deem it advisable to create the multi-
way stop controlled intersection - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.20 * Myron Wade Pugh/Alves Fence Co. - approval is requested
for an agreement with Myron Wade Pugh d/b/a Alves Fence
Co., for repair services to the Public Works Yard fence
at 9 County Center Drive which was damaged during a
storm in December 2002. The repair work was directed
to be completed as soon as possible due to the
immediate need to secure the yard area at a cost of
$879 (department budget). Mr. Pugh is currently a
Butte County employee who performed the repair work
outside his capacity as a County employee and on his
own time. Subsequent to the completion of the repair
work, the department was informed that Board approval
would be required for the contract work - action
requested - APPROVE THE AGREEMENT AND AUTHORIZE THE
CHIEF ADMINISTRATIVE OFFICER TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
SHERIFF-
CORONER 3.21 * Resolution Authorizing Public Closure of the Thermalito
Afterbay April 12-13, 2003 - approval is requested for
a resolution which will close the Thermalito Afterbay
(between Highway 162 on the north, Hamilton Road on the
south, and Highway 99 on the west to the easterly
right-of-way boundary) to the public from
April 12, 2003, at 6:00 a.m. to April 13, 2003, at
6:00 p.m. in support of a speedboat timed racing
event - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
3.22 * Resolution Recognizing the 10th Anniversary of the
Sheriff's Team of Active Retired Seniors (S.T.A.R.S.) -
approval is requested for a resolution which recognizes
and thanks the S.T.A.R.S. for their contributions to
the County of Butte for the past 10 years - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.23 * Facilities Maintenance - Budget Transfer - approval is
requested to transfer $3,033 of department funds
between budget line items to provide the appropriation
to fund the installation of the in the Sheriff's
Office break room to replace asbestos tiles removed for
safety reasons - action requested - APPROVE BUDGET
TRANSFER B-352 (4/5 vote required).
PAGE 6 MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 25, 2003
TREASURER-TAX
COLLECTOR 3.24 * Comprehensive Fine Program Reduction in Base Fine
Amount - approval is requested to reduce the base
amount for delinquent fines and forfeitures accounts
that can be included in the comprehensive fine
collection program from $100 to $1.00 pursuant to Penal
Code Section 1463.007 and AB 1819 - action requested -
APPROVE THE ADOPTION OF A $1.00 BASE FINE AMOUNT.
3.25 * Monthly Investment Report - submitted is the Monthly
Investment Report for February 28, 2003, in accordance
with the Butte County Statement of Investment Policy
dated July 1, 2002 - action requested - ACCEPT FOR
INFORMATION.
WATER AND
RESOURCE
CONSERVATION 3.26 * Susan St. Germaine-Morger - approval is requested for
an agreement with Susan St. Germaine-Morger for the
provision of professional consulting services to
coordinate grant activities for the Cherokee Watershed
in support of the grants received from the Department
of Water Resources and the State Water Resources
Control Board for capacity building, citizen water
monitoring, and water quality monitoring. The term of
the agreement is April 1, 2003, through May 1, 2005,
with a maximum amount payable of $87,281 (grant
funds) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14057)
OTHER
DEPARTMENTS
OR AGENCIES 3.27 * Resolution Proclaiming March 2003 as Mediation Month in
Butte County - the Mediation Center of the North Valley
is requesting the Board adopt a resolution proclaiming
March 2003 as Mediation Month in Butte County - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
4.00
APPOINTMENTS 4.01 *
BUDGET AND
LEGISLATIVE
UPDATE 4 . 0 2
PAGE 7 MARCH 25, 2003
REGULAR AGENDA
Appointments to Boards, Commissions and Committees.
1. Appointments to Listed Vacancies.
Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 25, 2003
PRESENTATION
AND DISCUSSION
ITEMS 4.03 * Kronos Inc. - Time and Attendance System - Report to
the Board and Award of Bid - bids have been received
for the acquisition and implementation of an automated
time and attendance system that will be deployed in
every County department and utilized by all County
employees - action requested - APPROVE BUDGET TRANSFER
B-351 (4/5 vote required); APPROVE AGREEMENT WITH
KRONOS INC., FOR SYSTEM ACQUISITION AND IMPLEMENTATION
AND AUTHORIZE THE CHAIR TO SIGN; APPROVE PURCHASE OF
FIXED ASSETS IN SUPPORT OF THE PROJECT; AND APPROVE
SOFTWARE MAINTENANCE AGREEMENT WITH KRONOS INC., AND
AUTHORIZE THE CHAIR TO SIGN. (AUDITOR-CONTROLLER AND
CHIEF ADMINISTRATIVE OFFICER)
4.04 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 - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 3-11-03 [4.03]) (COUNTY COUNSEL)
4.05 * Northern California Power Agency and City of Fremont -
Memorandum of Understanding - consideration of a
Memorandum of Understanding with the Northern
California Power Agency (NCPA) and the City of Fremont
to jointly fund an application for Federal Energy
Regulatory Commission Project 2107 (the Poe Project
located on the North Fork of the Feather River in Butte
County) - action requested - APPROVE MEMORANDUM OF
UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE CHIEF
ADMINISTRATIVE OFFICER; AND APPROVE BUDGET TRANSFER
B-353 (4/5 vote required) TRANSFERRING $300,000 FROM
THE GENERAL FUND APPROPRIATION FOR CONTINGENCY TO THE
COUNTY COUNSEL BUDGET. (COUNTY COUNSEL)
PAGE 8 MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 25, 2003
4.06 * Butte County Integrated Watershed and Resource
Conservation Program - Report to the Board - update on
the status of the project and presentation of an
outreach plan - action requested - ACCEPT FOR
INFORMATION. (WATER AND RESOURCE CONSERVATION)
4.07 * Request to Cross 1-foot No Access Strip on Forest Ranch
Road - consideration of a request to cross a 1-foot no
access strip on Forest Ranch Road - action requested -
STAFF RECOMMENDS THE BOARD TAKE ONE OF THE FOLLOWING
TWO ACTIONS:
1. DENY THE REQUEST TO CROSS THE 1-FOOT NO ACCESS
STRIP ON FOREST RANCH ROAD FOR TWO NEW DRIVEWAYS,
FINDING THAT THE MAP CONDITIONS PRECLUDE DIRECT
ACCESS TO FOREST RANCH ROAD AND REQUIRE THE
DRIVEWAY TO THE PARCEL BE LOCATED WITHIN THE
SOUTHERLY 50o OF THE PARCEL AND ACCESS
CONTENTMENT LANE; OR
2. SUBJECT TO THE CONDITIONS OF APPROVAL 2 (A & B)
AS DETAILED IN THE AGENDA REPORT, APPROVE THE
REQUEST TO CROSS THE 1-FOOT NO ACCESS STRIP ON
FOREST RANCH ROAD FOR TWO NEW DRIVEWAYS. (PUBLIC
WORKS)
4.08 In-Home Supportive Services - Report to the Board -
update regarding status of In-Home Supportive Services
program and Public Authority implementation - action
requested - ACCEPT FOR INFORMATION. (EMPLOYMENT AND
SOCIAL SERVICES AND CHIEF ADMINISTRATIVE OFFICER)
PAGE 9 MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 25, 2003
4.09 * Conditional Discharge Waiver for Agricultural Lands -
Report to the Board - presentation of a resolution
adopted by the California Regional Water Quality
Control Board, Central Valley Region, regarding a
conditional waiver of waste discharge requirements for
discharges from irrigated lands. The Agricultural
Advisory Commission is requesting the Board support the
formation of the Sacramento Valley Water Quality
Coalition to address water quality issues in the
Sacramento River and its tributaries and to support the
formation of a voluntary Agricultural Water Quality
Workgroup to address irrigation land discharge waiver
issues - action requested - ACCEPT REPORT FOR
INFORMATION; AND PASS A MOTION TO SUPPORT THE FORMATION
OF THE SACRAMENTO VALLEY WATER QUALITY COALITION AND
THE BUTTE COUNTY AGRICULTURAL WATER QUALITY WORKGROUP.
(AGRICULTURAL COMMISSIONER)
4.10 Items Removed from the Consent Agenda for Board
Consideration and Action.
rJ . OO PUBLIC HEARINGS AND TIMED ITEMS
10:25 A.M. 5.01 * Continued Public Hearing - Abandonment of a Portion of
Crown Point Road - the County has received a request to
abandon the northerly portion of Crown Point Road,
northeast of State Highway 32, in the Forest Ranch
area. On January 9, 2003, the Planning Commission
recommended approval of the abandonment and on
January 28, 2003, the Board adopted Resolution 03-020,
giving notice of the hearing on the petition to abandon
the public right-of-way - action requested - FIND THE
PUBLIC RIGHT-OF-WAY DESCRIBED IN THE NOTICE OF HEARING
AND PETITION IS UNNECESSARY FOR PRESENT OR PROSPECTIVE
PUBLIC USE AND ADOPT A RESOLUTION ABANDONING THE
DESCRIBED PORTION OF THE CROWN POINT ROAD RIGHT-OF-WAY
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-25-03
[5.01] )
PAGE l0 MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 25, 2003
10:30 A.M. 5.02 * Public Hearing - County Service Area (CSA) No. 135,
Zone 2 (Keefer Creek Estates, Zone 2) - Protest
Hearing - CSA No. 135-Zone 2 provides street lighting,
drainage and sewer services. The current per parcel
service charge is insufficient to cover the increased
waste water permit fee charged by the state and
maintain current service levels. A hearing is being
held to accept landowner protests to the proposed per
parcel increase and, if a majority protest is not
received, to direct commencement of a ballot proceeding
for the proposed charge - action requested - OPEN
PUBLIC HEARING; ACCEPT ALL WRITTEN PROTESTS; CLOSE
PUBLIC HEARING; REQUEST RESULTS OF WRITTEN PROTESTS
FROM CLERK OF THE BOARD; IF A MAJORITY PROTEST EXISTS,
DIRECT THAT THE PROPOSED INCREASE NOT BE IMPOSED. IF
A MAJORITY PROTEST DOES NOT EXIST, ADOPT A RESOLUTION
DIRECTING A BALLOT PROCEEDING AND SETTING A PUBLIC
HEARING FOR JUNE 10, 2003, AT 10:30 A.M.
10:35 A.M. 5.03 * Public Hearing -Intent to Adopt a Mitigated Negative
Declaration for the West Eighth Avenue Road Improvement
Project - Butte County Public Works, in cooperation
with the City of Chico, is proposing to reconstruct
West Eighth Avenue from its existing intersection at
State Route 32 to its terminus at the Esplanade. The
County proposes to improve West Eighth Avenue using a
typical street section design consisting of County
Standard 32-foot pavement width (one 11-foot lane and
5-foot bike lane in each direction) with concrete curb
gutters and sidewalks. Sidewalks will be detached to
provide a roadside parkway where there is sufficient
right-of-way. Other traffic improvements proposed
include roundabouts at the intersections of Greenwich
Drive, Meadow Road (north) and Magnolia Avenue,
dedicated left turn pockets at both North Cherry Street
and Citrus Avenue, and a raised concrete median at
Arcadian Avenue. Additional improvements include new
storm drainage facilities, sanitary sewer mains with
service laterals and a storm drainage easement. 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 - action requested - STAFF
RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. FIND THE WEST EIGHTH AVENUE ROAD IMPROVEMENT
PROJECT, BUTTE COUNTY PROJECT NUMBER 54181-99-1,
COULD HAVE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT;
(Continued on Page 12)
PAGE ll MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 25, 2003
5.03 2. SUBJECT TO FINDINGS II (A-D) AS DETAILED IN THE
(Cont.) STAFF REPORT, ADOPT A MITIGATED NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS AND
AUTHORIZE THE CHAIR TO SIGN; AND
3. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE
TO FISH AND 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 WILDLIFE
SERVICE. THE PROJECT WILL NOT HAVE A SUBSTANTIAL
ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A
SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED
WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN
WATER ACT; INTERFERE SUBSTANTIALLY WITH THE
MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH
OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL
POLICIES OR ORDINANCES PROTECTING BIOLOGICAL
RESOURCES, OR CONFLICT WITH THE PROVISIONS OF AN
ADOPTED HABITAT CONSERVATION PLAN.
11:00 A.M. 5.04 * Public Hearing - Margaret Mills - Tentative Parcel
Map - consideration of an appeal of the Development
Review Committee's denial of a Tentative Parcel Map to
divide a 10 +/- acre parcel into two 5 acre parcels on
property zoned A-5 (Agricultural - 5 acre parcels).
This is an item not subject to environmental review.
The property is located on the east side of Dunstone
Drive, approximately 3,400 feet south of Avocado Road,
in the Bangor area and identified as APN 028-200-041
(CS [TPM 03-11]) - action requested - STAFF RECOMMENDS
THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE
STAFF REPORT DATED MARCH 25, 2003, FIND THAT THE
A-5 ZONE AND THE PROPOSED PROJECT IS NOT
CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN;
AND
2. UPHOLD THE DEVELOPMENT REVIEW COMMITTEE'S ACTION
AND DENY THE APPEAL FOR TENTATIVE SUBDIVISION MAP
03-11.
PAGE 12
MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 25, 2003
1:00 p.m. 5.05 * Continued 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 a Zoning Ordinance Amending Chapter 24 of
the Butte County Code 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. A Zoning Ordinance Amending Chapter 24 of the
Butte County Code 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 - WAIVE READING OF AMENDED ORDINANCES.
(FROM 3-11-03 [5.05])
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 State law, the
Board of Supervisors is prohibited from taking action
on any item not listed on the agenda.
PAGE 13 MARCH 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 25, 2003
7.00 CLOSED SESSION
7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.3(c) ONE POTENTIAL CASE.
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(b)(1) ONE POTENTIAL CASE.
7.03 PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957: DIRECTOR-HUMAN
RESOURCES.
7.04 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6:
AGENCY REPRESENTATIVES: 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.
PAGE 14 MARCH 25, 2003
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meeting Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are
held in the Board of Supervisors Chambers, County 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 ofthe 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 ifthere 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