HomeMy WebLinkAboutA040803BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
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APRIL 8, 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: 0 0 A. M. 1. O O CALL TO ORDER
AGENDA -APRIL 8, 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 Don North - Trinity Bible Church,
Oroville.
2.00 CORRECTIONS AND~OR CHANGES TO THE AGENDA
3 . ~ ~ CONSENT AGENDA
BEHAVIORAL
HEALTH 3.01 * Oroville Recovery Center - Amendment - approval is
requested for an amendment to the agreement with
Oroville Recovery Center for the provision of drug and
alcohol recovery services. The amendment increases the
maximum amount payable by $13,049.70 (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. X13764)
3.02 * Victor Community Support Services, Inc. - Amendment -
approval is requested for an amendment to the agreement
with Victor Community Support Services, Inc., for the
provision of mental health services to adult clients
referred by the department's ROOF team. The
term of the agreement will be July 1, 2002 through
June 30, 2003. The amendment increases the maximum
amount payable by $276,563 (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. X13711)
3.03 * 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 training services in support of
the Adult System of Care Grant. The amendment revises
the service proposal to include the participation of
approximately 25 clients in maintenance, repair, and
peer support working crews; and increases the maximum
amount payable by $27,529.70 (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. X13606)
PACE I APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL S, 2003
3.04 * Tri-County Treatment - Amendment - approval is
requested for an amendment to the agreement with Tri-
County Treatment for the provision of short-term
residential recovery services. The amendment increases
the maximum amount payable by $20,137.15 (department
budget) and revises the service summary to reflect the
increase. All other terms and provisions remain the
same - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Contract No. 13766)
3.05 * Kevin w. Chan, M.D. - Amendment - approval is requested
for an amendment to the agreement with Kevin w. Chan,
M.D., for the provision of services in the specialized
field of psychiatry. The amendment decreases the
contract hours to reflect the actual hours of service
provided, and decreases the maximum amount payable by
$93,500. 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. 13514)
3.06 * State Department of Alcohol and Drug Programs -
Amendment - approval is requested for an amendment to
the grant award agreement with the State Department of
Alcohol and Drug Programs for funds to support the Drug
Court Program. The amendment extends the time period in
which the department can expend year two funds to
December 28, 2003. All other terms and provisions of
the grant 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)
3.07 * Butte County Probation Department - Memorandum of
Understanding - Amendment - approval is requested for
an amendment to the Memorandum of Understanding with
the Probation Department for case management and
supervision services for Substance Abuse and Crime
Prevention Act clients. The amendment decreases the
maximum amount payable by $2,700 for fiscal year 2002-
2003 and includes a revised budget . All other terms and
provisions remain the same - action requested - APPROVE
BUDGET TRANSFER B-367 (4 /5 vote required) APPROPRIATING
BUDGET ADJUSTMENTS AS DETAILED IN THE AGENDA REPORT;
AND APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X13481)
PACE 2 APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -APRIL 8, 2003
3.08 * Rick Minniefield - Amendment - approval is requested
for an amendment to the agreement with Rick
Minniefield, for the provision of services in the
development of Youth Development and Crime Prevention
Grant programs. The amendment increases the maximum
amount payable by $9,000 (department budget)for a total
maxiumum amount of $33,980. All other terms and
provisions remain the same. Pursuant to the Butte
County Purchasing Policy Manual Section 13.3 (1),
notification to the Board of intent to award a contract
to a former Butte County employee within two years
following separation from County employment is
required. Mr. Minniefield separated from County
employment in November 2001 - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X13696)
3.09 * Cherokee Restoration Fellowship - Resolution Not to
Contract - consideration of a resolution declaring
intent not to contract with Cherokee Restoration
Fellowship for the provision of Medi-Cal Services. The
Butte County Department of Behavioral Health (BCDBH)
has been notified by Cherokee Restoration Fellowship of
their certification by the State Department of Alcohol
and Drug Programs to provide Drug Medi-Cal Services.
Because of the administrative cost and the significant
flow of non-BCDBH referred residents into this program,
the department feels it is in the best interest of the
County to decline to enter into a contractual
relationship with Cherokee Restoration Fellowship for
the provision of Drug Medi-Cal services. Other existing
contracts will not be affected - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
Chief
Administrative
Office 3.10 Employment Agreement Amendment - Director of Human
Resources - approval is requested for an amendment to
the employment agreement with Jeanne Gravette,
Director-Human Resources. The amendment extends the
term of the agreement to February 16, 2006. All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN.
3.11 * NorthStar Engineering - approval is requested for an
amendment to the agreement with NorthStar Engineering
for the provision of engineering studies for areas
north of the Lindo Channel and preparation of
information to support the County's financial loan
application for the Chico Urban Area Nitrate Compliance
Program. The amendment increases the maximum amount
payable by $15,000 for a total contract amount of
$103,790. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10804)
PACE 3 APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL S, 2003
3.12 * California State University-Chico Research Foundation -
Amendment - approval is requested for an amendment to
the agreement with California State University-Chico
Research Foundation for continued mapping services in
support of the Chico Urban Area Nitrate Compliance
Program. The amendment extends the term of the
agreement to March 31, 2004, and increases the maximum
amount payable by $5,000 for a total contract amount of
$25,000. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10964)
3.13 * Reissue Time-Expired Check - approval is requested to
reissue two time-expired checks: check number 10000-
084527 in the amount of $213.54, dated July 17, 2000,
and check number 10000-86912 in the amount of $21,00,
dated December 29, 2000. The Auditor-Controller has
verified that the checks are time expired and have not
been reissued - action requested - DIRECT AUDITOR-
CONTROLLER TO REISSUE TIME-EXPIRED CHECKS.
3.14 * Public Defender Consortium - Amendments - on
November 12, 2002, the Board approved a contract with
Hughes, Perry & Associates to develop a report
evaluating the costs and benefits of the current method
of service delivery as compared to alternatives to
providing indigent defense services. The Administrative
Office plans to present the final report and related
recommendations to the Board for its consideration
within the next 45 days. Preliminary discussions have
been held with Denny Forland, Executive Director of the
Consortium regarding the need for a four-month
extension of public defender contracts in order to
allow sufficient time for review of the final report
and a determination of the future structure of Public
Defender services in Butte County. The amendments
extend the terms of the contracts until
October 31, 2003 - action requested - APPROVE AGREEMENT
AMENDMENTS AND AUTHORIZE THE CHAIR TO SIGN.
PACE a APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -APRIL 8, 2003
3.15 * HIPAA Implementation - Privacy Policy and Procedures -
pursuant to the Health Insurance Portability
and Accountability Act of 1996 (HIPAA), the U. s.
Department of Health and Human Services issued
federal regulations to protect the privacy of
individually identifiable health information.
Effective April 14, 2003, these regulations require
all covered entities, such as the County, to implement
certain measures which include providing notice of the
covered entity's privacy practices to all clients at
time of service and obtaining acknowledgment of receipt
when possible. Also required is the execution of
business associate agreements with vendors handling
clients' health information specifying terms and
conditions requiring vendors to safeguard such
information - action requested - APPROVE COUNTYWIDE
PRIVACY POLICY AS MANDATED BY HIPAA, AND AUTHORIZE THE
CHIEF ADMINISTRATIVE OFFICER TO MAKE ADJUSTMENTS AS
NECESSARY.
3.16 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 - ADOPT ORDINANCE
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-25-03 [3.06])
Clerk of
the Board 3.17 * Approval of Minutes - action requested - APPROVE
MINUTES OF FEBRUARY 25, 2003.
Fire 3.18 * Application for Federal Assistance - approval is
requested to apply for pre-approval for a low interest
loan through the United States Department of
Agriculture for funding the construction of the new
North Chico Fire Station - action requested - APROVE
PRE-APPROVAL AND AUTHORIZE THE CHAIR TO SIGN
APPLICATION.
PACE s APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -APRIL 8, 2003
General
services 3.19 * Budget Transfer for Countywide Driveway Repairs -
approval is requested for a budget transfer in the
amount of $34,275 from Facilities Services Major
Maintenance account to Facilities Services Routine
Maintenance account in order to make funds more readily
available for minor, routine repairs costing $5,000 or
less to driveways and parking lots of County-owned
facilities - action requested - APPROVE BUDGET TRANSFER
B-366 (4 /5 vote required).
3.20 * Resolution Delegating Authority to the Risk Manager to
Reject or Return Tort Claims Filed Against the County -
approval is requested for a resolution delegating
authority to the Risk Manager to reject or return tort
claims filed against the County and to approve the
official form for filing a claim for damages against
the County - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
Human
Resources 3.21 * Resolution to Amend the Salary Ordinance - approval is
requested for a resolution which will amend the salary
ordinance as follows: SHERIFF-CORONER-SERVICES -
deletes one position of Crime Prevention
Coordinator/Public Information Officer and adds one
position of Crime Prevention Coordinator; adds one
sunset position of Sheriff's Clerk II (sunset position
ends 12-31-03) SHERIFF-CORONER-OPERATIONS - adds one
sunset position of Deputy Sheriff (sunset position ends
12-31-03) SHERIFF-CORONER-RURAL COUNTY SUPPLEMENTAL
FUNDING - deletes one flexibly staffed position of
Information Systems Analyst II/I and adds one flexibly
staffed position of Information Systems Analyst
III/II/I. PUBLIC HEALTH-GENERAL SERVICES - extends the
end dates from 6-30-03 to 06-30-04 for the following
sunset positions: Program Manager-Butte County Children
and Families Commission, Administrative Analyst
III/II/I, Public Health Nurse III/II/I, Staff Nurse
III/II/I or Licensed Vocational Nurse, Office Assistant
III/II/I, Public Health Assistant II/I, and
Administrative Services Assistant or Office Assistant
III. PUBLIC HEALTH-ENVIRONMENTAL HEALTH - deletes one
position of Supervisor-Environmental Health, one
flexibly staffed position of Environmental Health
Specialist II/I, and one 80o flexibly staffed position
of Environmental Health Specialist II/I and adds one
position of Program Manager-Environmental Health and
one flexibly staffed position of Environmental Health
Specialist III/II/I; converts a current half-time
flexibly staffed position of Office Assistant III/II/I
to a full-time position. SALARY PLAN FOR CLASSIFIED
POSITIONS, REFERENCE C, GENERAL UNIT CLASSIFICATIONS -
adds one position of Crime Prevention Coordinator.
(Continued on Page 7)
PAGE 6
APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL S, 2003
(continued) 3.21 SALARY PLAN FOR CLASSIFIED POSITIONS, REFERENCE F,
MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT
CLASSIFICATIONS - deletes the position of Crime
Prevention Coordinator/Public Information Officer -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
Public
Health 3.22 * Gen-Probe - approval is requested for an agreement with
Gen-Probe for the purchase of test kits and equipment
rental to perform tests for sexually transmitted
diseases. The term of the agreement is March 17, 2003
through March 31, 2006. The estimated yearly cost is
$34,894 with the actual cost based on the number of
test kits purchased - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
3.23 * California Integrated waste Management Board -
Enforcement Assistance Grant Program (EA-14) - approval
is requested to submit a grant application for a grant
from the California Integrated waste Management Board
for funds up to $19,500 to support local solid waste
landfill permit and inspection programs. The funds are
1000 State funds with no county match required - action
requested - ADOPT RESOLUTION AUTHORIZING GRANT
APPLICATION AND AUTHORIZE THE CHAIR TO SIGN.
3.24 Emergency Medical Care Committee - the Committee
recommends that the following appointments be made to
the Emergency Medical Care Committee: 1) Christie
Burrow (EMT/MICN Training), 2) Alivia Strawn, R.N.
(Emergency Department Clinical Manager), 3) Charles
Huber (Ambulance Services), and 4) Bennett ward (Public
Member) - action requested - APPOINT CHRISTIE BURROW,
ALIVIA STRAWN, R.N., CHARLES HUBER, AND BENNETT WARD TO
TERMS ENDING JUNE 30, 2006.
PACE ~ APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL S, 2003
Public
works 3.25 Adoption 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 - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM
3-25-03 [3.18])
3.26 * Fixed Asset Purchase Approval - Landfill Software
Upgrade, Accounts Receivable Installation and Support -
approval is requested for the fixed asset purchase and
installation of PC Scale software, additional Accounts
Receivable module, and related licenses and support in
order to facilitate a smooth transition of operations
at the Neal Road Landfill. Also requested is a budget
transfer of $18,600 from the Professional and
Specialized Services account to the Neal Road Landfill-
Management fixed asset account - action requested -
APPROVE BUDGET TRANSFER B-370, AND APPROVE FIXED ASSET
PURCHASE.
3.27 * Butte Regional waste Management Authority - Plan of
Correction and Time Extension - approval is requested
to submit a SB 1066 Time Extension request and Plan of
Correction which outlines expanded and/or new diversion
programs that will be used to meet the goal of 500
diversion of solid waste into the landfill. The Butte
Regional waste Management Authority Board of Directors
has authorized submittal of the SB 1066 Time Extension
- action requested - APPROVE PLAN OF CORRECTION AND SB
1066 TIME EXTENSION AND AUTHORIZE THE DIRECTOR-PUBLIC
WORKS TO SUBMIT TIME EXTENSION TO THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD.
PACE s APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -APRIL 8, 2003
Other
Departments
or Acrencies 3.28 * Resolution Proclaiming April 28 to May 4, 2003, as
Mosquito and Vector Control and west Nile Virus
Awareness week - the Butte County Mosquito and Vector
Control District is requesting the Board adopt a
resolution proclaiming the week of April 28 through
May 4, 2003 as Mosquito and Vector Control and west
Nile Virus Awareness week in Butte County - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.29 * Resolution Proclaiming April 2003 as Child Abuse
Prevention Month in Butte County - the Child Abuse
Prevention Council of Butte County is requesting the
Board adopt a resolution proclaiming the month of April
2003 as Child Abuse Prevention Month in Butte County -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
3.30 * Resolution Proclaiming April 13-19, 2003, as National
Telecommunicators week in Butte County - Chico Elks
Lodge No. 423 is requesting the Board adopt a
resolution proclaiming April 13-19, 2003, as National
Public Safety Telecommunicators week in Butte County -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
3.31 * Resolution in Recognition of Gridley Kiwanis Club -
requested is a resolution in recognition of the Gridley
Kiwanis Club for 50 years of service to the community -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
3.32 * Butte County Behavioral Health Board - Amended
Bylaws - approval is requested by the Butte County
Behavioral Health Board (BCBHB)for approval of proposed
changes to the BCBHB Bylaws - action regeusted -
APPROVE BYLAWS.
4 . ~ ~ REGULAR AGENDA
APPOINTMENTS 4 . OZ * Appointments to Boards, Commissions and Committees .
1. Appointments to Listed Vacancies.
BUDGET AND
LEGISLATIVE
UPDATE 4.02 Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
PACE 9 APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -APRIL 8, 2003
PRESENTATION
AND DISCUSSION
ITEMS 4.03 * Lake Oroville Relicensing - Report to the Board -
presentation to the Board regarding the status of the
Federal Regulatory Commission's (FERC) Relicensing of
Lake Oroville Project 2100. - action requested - ACCEPT
FOR INFORMATION.
4.04 Items Removed from the Consent Agenda for Board
Consideration and Action.
S.OO PUBLIC HEARINGS AND TIMED ITEMS
9:30 A.M. 5.01 Timed Item - Tour of Butte County Juvenile Hall
Facility - recess from the Board meeting and reconvene
at the Butte County Juvenile Hall Facility under
construction (41 County Center Drive) - action
requested - ACCEPT FOR INFORMATION
10:30 A.M. 5.02 * Public Hearing - Extension of Speedway Avenue from
Midway to Entler Avenue (County Project No. 502550-99-
1) - Adoption of a 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 - action
requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE
STAFF REPORT, ADOPT A MITIGATED NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS AND
AUTHORIZE THE CHAIR TO SIGN;
(Continued on Page 11)
PACE Io
APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
10:30 A.M. 5.02
10:45 A.M.
AGENDA -APRIL 8, 2003
2. 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; AND
3. ADOPT A MITIGATION MONITORING AND REPORTING
PROGRAM (MMR) AND DIRECT THE PUBLIC WORKS
DEPARTMENT TO MAKE THE MITIGATION MONITORING AND
REPORTING PROGRAM AS PART OF THE REQUIREMENTS FOR
THE PROJECT. (FROM 3-11-03 [5.04])
5.03 * Public Hearing - John and Sharon Byrne - Tentative
Subdivision Map - consideration of an appeal of the
Development Review Committee's approval of a Tentative
Subdivision Map proposing 36 single family residential
parcels. The parcels will be from 6,500 to 8,576
square feet in size with a gross density of 3.8
dwelling units per acre. Sewage disposal would be
handled by an on-site community system. water supply
would be provided by the California water Company.
Drainage would be handled by an on-site retention basin
with discharge into the Shasta Union Drainage
Assessment District. The project would obtain access
via a looped internal subdivision road that would
connect with Godman Avenue at two locations. This is
a project on which notice of intent to adopt a negative
declaration with mitigation measures regarding
environmental impacts has been given. The property is
zoned S-R (Suburban Residential) and is located at the
southwest corner of Eaton Road and Godman Avenue, in
the north Chico area, and identified as APN 007-260-091
and 007-260-082 (DB [TSM 01-06]) - action requested -
STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
(Continued on Page 12)
PAGE II
APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL S, 2003
10:45 A.M. 5.03 1. SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE
STAFF REPORT DATED FEBRUARY 25, 2003, ADOPT A
MITIGATED NEGATIVE DECLARATION;
2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE
TO FISH OR WILDLIFE OR THEIR HABITAT AND APPROVE
A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF
FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4 (d) AND 14 CCR 753.5 AS THE PROJECT SITE IS
NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS A
CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES
IN LOCAL OR REGIONAL PLANS, POLICIES, OR
REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF
FISH AND GAME OR THE UNITED STATES FISH AND
WILDLIFE SERVICE. THE PROJECT WILL NOT: HAVE A
SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN
HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON
FEDERALLY PROTECTED WETLANDS AS DEFINED BY
SECTION 404 OF THE CLEAN WATER ACT; INTERFERE
SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE
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. SUBJECT TO FINDINGS III (A-I) AS DETAILED IN THE
STAFF REPORT DATED FEBRUARY 25, 2003, AND THE
CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A"
OF THE STAFF REPORT DATED FEBRUARY 25, 2003, DENY
THE APPEAL AND APPROVE TENTATIVE SUBDIVISION MAP
01-06 FOR JOHN AND SHARON BYRNE, APN 007-260-091
AND 007-260-082. (FROM 2-25-03 [5.02])
11:00 A.M. 5.04 * An Ordinance Amending Section 136 of Chapter 2 of the
Butte County Code entitled "Administration"; Sections
10, 54, 161, 161.1, 161.2, 162, 167, 173, and 190 of
Chapter 20 of the Butte County Code entitled
"Subdivisions"; and Sections 41, 52, and 210 of Chapter
24 of the Butte County Code entitled "Zoning" -
consideration of an ordinance that would amend the Code
to eliminate references to the Development Review
Committee and Planning Manager. The proposed changes
would allow the Planning Commission to hear all land
use projects and streamline the overall planning
process - action requested - WAIVE READING OF THE
ORDINANCE.
PACE I2 APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 8, 2003
1:00 P.M. 5.05 * Public Hearing - Oroville Bangor Highway Improvement
Project - (County Project No. 10661-00-1) - Initial
Study and Proposed Mitigated Negative Declaration
Regarding Environmental Impacts - the purpose of the
proposed project is to rehabilitate and improve the
existing roadway to meet current safety standards,
including realignment of four curves within project
boundaries. Other improvements include widening the
paved shoulders and resurfacing the highway, installing
metal beam guardrail, replacing existing storm drain
culverts, replacing bridge rails at Rocky Honcut Creek
Bridge, and completing horizontal and vertical
realignments of sections of the highway to meet current
design standards. The County has reviewed and
considered the proposed project and the substantial
supporting evidence provided in the Draft Initial
Study/Mitigated Negative Declaration and has determined
that, subject to the mitigation measures identified,
the project will not have a significant effect on the
environment. The County has prepared and proposes to
adopt a Mitigated Negative Declaration for this
project. The public review period for the Mitigated
Negative Declaration will end on April 11, 2003. A
public hearing will be held on April 22, 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 22, 2003, AT 10:45 A.M. FOR
CONSIDERATION OF CERTIFICATION OF THE MITIGATED
NEGATIVE DECLARATION AND THE PROJECT.
1:15 P.M. 5.06 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:
(Continued on Page 14)
PAGE 13
APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
1:15 P.M. 5.06
AGENDA -APRIL 8, 2003
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 3-25-03 [5.05] )
6.00 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
7.01
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(B)(1) ONE POTENTIAL CASE.
PAGE 14
APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 8, 2003
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a):
A. JONES, ET AL. V. BROOKS, ET AL. - BUTTE COUNTY
SUPERIOR COURT CASE NO. 84429
B. PLANNING AND CONSERVATION LEAGUE, ET AL. V.
DEPARTMENT OF WATER RESOURCES, 83 CAL.APP.4TH 892
(2000)
7.03 PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT
PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR-
PUBLIC HEALTH.
PACE 15
APRIL 8, 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 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. Consent Agenda: these are items that are considered routine and are handled by one motion and vote
of the Board. If you wish to discuss any item on the 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
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 ofthe agenda identifies those items that will be discussed during the closed
session.
Public Particiuation: 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