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HomeMy WebLinkAboutA050801BOARD OF SUPERVISORS AGENDA R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District KIM YAMAGUCHI, 5th District Mav 8, 2001 Time Item No. 9:00 A.m. 1.00 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. 2.00 Pledge of Allegiance to the Flag of the United States of America. 2.01 Invocation - Associate Pastor Glenn Lorenz, Foothill Community Church, Oroville. 3.00 Consent A ecr nda Budget 3.02 * Budget Transfers - action requested - APPROVE BUDGET Transfers TRANSFERS B-325 (ASSESSOR/FACILITIES SERVICES); B-333 (SHERIFF-CORONER/JAIL/FACILITIES SERVICES); AND B-332 (SHERIFF-CORONER/JAIL/FACILITIES SERVICES) (Budget transfers listed above require a 4/5 VOTE); B-328 (FIRE DEPARTMENT); Donations 3.03 County Library Donations - in accordance with Government Code Section 25355, donations of $2,000 from the Chico Friends of the Library, and $909.50 from the Oroville 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. 3.04 * Sheriff's Office Donation - in accordance with Government Code section 25355, a donation of a 1991 Ford Econoline Van, with a value of $2,848, has been donated to the Sheriff's Office by Pacific Gas and Electric for use by the Sheriff's Team of Active Retired Seniors (S.T.A.R.S.) - action requested - ACCEPT DONATION AS A FIXED ASSET ITEM AND AUTHORIZE A LETTER OF APPRECIATION. Time Item No. Land Use 3.05 * Fairway Oaks Subdivision - Final Map - APN 040-050- 054 and 068, creating 20 lots located south of the City of Chico at Butte Creek Country Club between State Highway 99 and Oroville Chico Highway. The developer has provided an Irrevocable Letter of Credit to guarantee construction of the required road, drainage, fire protection and sewerage facilities within one year. The Fire Department has requested the developer enter into a Fire Protection water System Maintenance Agreement to insure the continued operation and maintenance of the fire protection system - action requested - APPROVE FINAL MAP; ACCEPT THAT PORTION OF OROVILLE CHICO HIGHWAY AS OFFERED FOR DEDICATION IN FEE SIMPLE TO THE COUNTY OF BUTTE IN ITEM 1 OF THE OWNER'S STATEMENT; ACCEPT THE RELINQUISHMENT OF ABUTTER'S RIGHTS ALONG OROVILLE CHICO HIGHWAY THAT FRONTS ON LOT 22 AS OFFERED FOR DEDICATION TO THE COUNTY OF BUTTE IN ITEM 2 OF THE OWNER'S STATEMENT; ACCEPT THAT PORTION OF LOS CABOS DRIVE AS OFFERED FOR DEDICATION IN FEE SIMPLE TO THE COUNTY OF BUTTE IN ITEM 3 OF THE OWNER'S STATEMENT. ACCEPT THOSE EASEMENTS FOR PUBLIC SERVICE PURPOSES AS OFFERED IN ITEMS 4, 5, AND 6 OF THE OWNER'S STATEMENT ON BEHALF OF THE ENTITIES NAMED. NOTE THAT THE "FUTURE ROAD" AS OFFERED FOR DEDICATION IN ITEM 7 OF THE OWNER'S STATEMENT IS NOT ACCEPTED AT THIS TIME; ACCEPT ITEMS "A" THROUGH "E" OF THE OWNER'S STATEMENT ON BEHALF OF THE FAIRWAY OAKS HOMEOWNER'S ASSOCIATION; AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT AND THE FIRE PROTECTION WATER SYSTEM MAINTENANCE AGREEMENT. 3.06 * Request to Acquire Extra-Territorial Property within the Chico Urban Area for Roadway Improvements - the City of Chico is requesting the County's consent to acquire specific property located within the unincorporated area of the Chico Urban Area for a roadway improvement project to reconstruct East Avenue from Ceanothus Avenue to the Bidwell Vista Subdivision. This request has the support of the County's Public works Director - action requested - CONSENT TO CITY ACQUISITION OF EXTRA-TERRITORIAL PROPERTY WITHIN THE CHICO URBAN AREA FOR ROADWAY IMPROVEMENTS ON PROPERTY LOCATED ALONG EAST AVENUE AS DEPICTED AND DESCRIBED IN THE CITY OF CHICO'S LETTER TO THE COUNTY DATED FEBRUARY 1, 2001, AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO NOTIFY THE CITY OF CHICO OF THE SAME. Page 2 May 8, 2001 Time Item No. 3.07 * Acquisition of Property - Old Centerville Road at Midway - Board approval is requested by the Public works Department to quit claim 6,733 square feet of property known as the Old Centerville Road right-of- way to the City of Chico. The City of Chico has requested acquisition of the property for the Midway Bicycle Path project - action requested - APPROVE RESOLUTION AUTHORIZING EXECUTION OF QUIT CLAIM DEED AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE QUIT CLAIM DEED AND AUTHORIZE THE CHAIR TO SIGN. Fixed 3.08 * Award of Bid No. 110-O1 - Southside Oroville Assets and Community Center - bids have been opened for Facilities construction of the Southside Oroville Community Center with the low bidder meeting specifications being Trent Construction of Red Bluff, in the amount of $3,147,288. Staff may present an alternate bid award recommendation depending on availability of additional funds - action requested - AWARD BID AND AUTHORIZE THE CHAIR TO SIGN AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 3.09 * Award of Bid No. 105-O1 - Gridley Fire Station 74 Improvements - bids have been opened for the construction of an addition to the fire station to provide additional sleeping quarters. The low bidder was Miles Lowery Construction of Yuba City in the amount of $138,990. The Fire Department had budgeted $69, 119 for the project, and Board approval is requested by the Fire Department for a budget transfer of capital improvement funds from the Fire Station 45 and 33 projects to provide the remaining needed funding - action requested - APPROVE BUDGET TRANSFER B-327; AND AWARD BID AND AUTHORIZE THE CHAIR TO SIGN THE CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 3.10 * Juvenile Hall Change Order Policy - Board approval is requested by the General Services Director for a resolution which would establish a change order policy for the Butte County Juvenile Hall construction project - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.11 * Surplus Vehicles - the General Services Director submits a listing of various vehicles and road equipment items that are fixed assets deemed to be beyond economic repair, and no longer needed by the County - action requested - DECLARE ITEMS SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE DISPOSAL BY THE PURCHASING AGENT IN ACCORDANCE WITH COUNTY POLICY. Page 3 May 8, 2001 Time Item No. 3.12 * Surplus Helicopter - Board approval is requested by the Sheriff's Office and the General Services Director to declare surplus a Sheriff's Office military surplus helicopter (County Asset No. 24157) which has been dismantled for parts for the department's operational helicopter. The surplus helicopter has been dismantled to the point where only the airframe remains - action requested - DECLARE FIXED ASSET ITEM SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE DISPOSAL BY THE PURCHASING AGENT IN ACCORDANCE WITH COUNTY POLICY. 3.13 * Auditor's Office Computer Equipment Upgrade - Board approval is requested by the Auditor-Controller to purchase fixed asset computer equipment (hardware) in the amount of $74,000 to support the upgraded financial system software. The department is proposing to use savings in salaries and benefits to fund the purchase, and Board approval is requested for a budget transfer to provide the necessary funding - action requested - APPROVE BUDGET TRANSFER B-319 (4/5 vote required); AND APPROVE PURCHASE OF FIXED ASSET ITEMS. 3.14 * Sheriff-Coroner - Records Department Remodel - Board approval is requested by the Sheriff-Coroner to appropriate $78,500 from Sheriff Impact Fees and $19,000 from the Inmate welfare Fund to the Sheriff's Office current year budget, as detailed in the agenda report, to facilitate a remodel of the Records Department and the purchase of a Holga track system for filing - action requested - APPROVE BUDGET TRANSFER B-334 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE (4 /5 vote required); AND APPROVE PURCHASE OF FIXED ASSET ITEM. Page 4 May 8, 2001 Time Item No. Audit and 3.15 * Live Scan Program - Board approval is requested by Finance the Butte County Department of Social welfare to accept and appropriate $50,000 from the State Department of Social Services Live Scan and Background Checks Augmentation for the purchase of equipment to conduct fingerprint background checks prior to placing children in the home of a relative, prospective guardian, or other person that is not a licensed or certified foster parent. The department has reviewed alternative systems and has selected Identix as the most suitable for installation in the Chico and Oroville Community Employment Centers. The total cost of both systems will be $56,062, with the difference between the total cost and the allocation being covered by existing budgeted allocations - action requested - APPROVE BUDGET TRANSFER B-324 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED STATE AND FEDERAL REVENUE, AND APPROVE PURCHASE OF FIXED ASSET ITEM. 3.16 * Lake Oroville Area Public Utilities District (LOAPUD) - Tax Exchange Agreement - an application for annexation has been received by the Local Agency Formation Commission for annexation of territory for the lands of William H. Asher. Pursuant to Revenue and Taxation Code Section 99-99.2, a property tax exchange agreement must be reached between the District and the County. The LOAPUD Board has certified Resolution No. 2-01 stating this change of organization will be revenue neutral to all affected agencies - action requested - APPROVE PROPERTY TAX EXCHANGE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 3.17 Adoption of an Ordinance Delegating Investment Authority to the Treasurer - Government Code Section 53607 allows the Board of Supervisors to delegate investment authority to the Treasurer on an annual basis. The proposed ordinance will provide investment authority to the Butte County Treasurer- Tax Collector for Fiscal Year 2001-2002 - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-24-O1 [3.10]) Page 5 May 8, 2001 Time Item No. 3.18 * Annual Statement of Investment Policy - Board approval is requested by the Treasurer-Tax Collector, pursuant to Government Code Section 27133 and 53646(a)(1), for an Annual Statement of Investment Policy which sets forth a policy regarding the investment of surplus funds and funds under the custodianship of the Treasurer. The policy was reviewed by the Butte County Treasury Oversight Committee, and will become effective July 1, 2001, for fiscal year 2001-2002 - action requested - APPROVE STATEMENT OF INVESTMENT POLICY EFFECTIVE JULY 1, 2001. 3.19 * Agricultural Department - Unanticipated Revenue - Board approval is requested by the Agricultural Commissioner to accept $40,074 in unanticipated revenue received from the State Department of Food and Agriculture as an augmentation to the unclaimed gas tax allocation, and $153,457 in unanticipated revenue received from the State Department of Pesticide Regulation as an augmentation to the pesticide mill assessment allocation. Board approval is also requested to appropriate $4,400 to the Agricultural Department's budget for the purchase of equipment. The remaining $189,131 will remain in the General Fund - action requested - APPROVE BUDGET TRANSFER B-326 (4/5 vote required) ACCEPTING $193,531 IN UNANTICIPATED REVENUE AND APPROPRIATING $4,400 TO THE AGRICULTURAL DEPARTMENT BUDGET. 3.20 * County Service Area (CSA) #34 - Gridley Swimming Pool - Loan Repayment - in July 2000 a loan in the amount of $28, 000 was granted to CSA #34 . The funds needed to repay the loan are available in Fund 440 (Gridley Swimming Pool), and Board approval is requested for a budget transfer to facilitate the repayment - action requested - APPROVE BUDGET TRANSFER B-323 (4/5 vote required); AND DIRECT THE AUDITOR-CONTROLLER TO MAKE THE LOAN REPAYMENT TO THE COUNTY SERVICE AREA REVOLVING LOAN FUND. 3.21 * Road and Bridge Construction Project List Amendment and Appropriation Increase, 2000-2001 - Board approval is requested by the Public works Department to revise the Road and Bridge Construction List for 2000-2001 to include three additional projects in the amount of $1,686,267.50. The three projects and revenue sources are detailed in the agenda report - action requested - APPROVE AMENDED PROJECT LIST; AND APPROVE BUDGET TRANSFER B-335 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE (4/5 vote required). Page 6 May 8, 2001 Time Item No. Ordinances 3.22 Adoption of a Salary Ordinance Amendment - the and District Attorney has requested the Personnel Resolutions Department prepare a salary ordinance amendment which adds one position of Supervisor-Clerical Support Services to the Bad Check Unit of the Criminal Division. The position is being added in response to growth in the division which has necessitated daily supervision. The department intends to fill the new position by promoting from within, then deleting the resulting vacant position - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-24-O1 [3.18]) 3.23 Adoption of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which deletes one flexibly staffed position of Legal Typist Clerk/Office Assistant III, and adds one position of Investigative Assistant to the Child Abduction Unit. The position is being modified to better reflect the duties performed by the incumbent. Child Abduction Unit positions are funded with 1000 State funds - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-24-O1 [3.19] ) 3.24 Adoption of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which adds one term position of Investigative Assistant in support of the Probation Department's Memorandum of Understanding for implementation of a warrant Team (see item 3.30). This position will be funded with grant funds by way of a monthly billing to the Probation Department - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-24-O1 [3.20]) 3.25 Adoption of a Salary Ordinance Amendment - the District Attorney-Family Support Division has requested the Personnel Department prepare a salary ordinance amendment which adds four flexibly staffed positions of Family Support Case Manager III/II/I, one flexibly staffed position of Office Assistant III/II/I, and one position of Administrative Services Assistant in support of the State mandated Customer Service Plan approved by the Board on April 10, 2001 - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-24-O1 [3.21]) Page 7 May 8, 2001 Time Item No. 3.26 Adoption of a Salary Ordinance Amendment - the District Attorney-Family Support Division has requested the Personnel Department prepare a salary ordinance amendment which creates the classification of Chief Child Support Attorney (Step 1 [$33.67] - Step 5 [$40.92]) to the Salary Plan for Classified Positions, Reference F, Management, Confidential and Supervisory Unit Classifications. The position is being created in preparation for the transition of the Family Support Division to its own department - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-24-O1 [3.22]) 3.27 * Introduction of a Salary Ordinance Amendment - the welfare Department has requested the Personnel Department prepare a salary ordinance amendment which provides for a parity adjustment for the classification of welfare Program Manager, retroactive to October 2, 1999, as a result of arbitration with the Butte County Management Employees Association - action requested - WAIVE READING OF THE ORDINANCE. 3.28 * Introduction of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which replaces the urgency salary ordinance adopted March 27, 2001, which extended the term dates of one position of Mental Health Counselor, and one half- time position of District Attorney Investigator II/I to February 28, 2002. The positions are part of the Violence Against women Vertical Prosecution Program and the urgency ordinance was adopted to allow the term positions to continue uninterrupted. This ordinance replaces the urgency ordinance - action requested - WAIVE READING OF THE ORDINANCE. 3.29 * Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which adds one position of Administrative Analyst III/II/I. The position is being added to address the increased responsibilities associated with the Medi-Cal Administrative Allowance program and the Targeted Case Management program. The department has sufficient savings to fund the position for the remainder of this fiscal year and has included the position in the Fiscal Year 2001-2002 proposed budget - action requested - WAIVE READING OF THE SALARY ORDINANCE AMENDMENT. Page 8 May 8, 2001 Time Item No. 3.30 * Resolution Proclaiming May 2001 as Mental Health Month - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Roads 3.31 Quincy Engineering, Inc. - widening of Skyway from Pentz Road to Southpark Drive - Board approval is requested by the Public works Department for an agreement with Quincy Engineering, Inc., for the preparation of environmental documents and preliminary design studies for the road widening project on Skyway from Pentz Road to Southpark Drive. The term of the agreement is May 1, 2001, through June 30, 2004, with a maximum amount payable of $620,244.29. The department's budget contains $500,000 for this agreement, and Board approval is also requested for a budget transfer of $120,245 in department funds to provide the additional funding - action requested - APPROVE BUDGET TRANSFER B-309 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE IN THE AMOUNT OF $120,245; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (FROM 4-24-O1 [3.24]) 3.32 * Construction of Pavement Overlays on Various Butte County Roadways - County Project No. AC-99-2 - the project consists of a total of 6 . 6 miles of pavement overlay on Grand Avenue from the Oroville city limits to Twentieth Street, Biggs East Highway from State Route 99 to Larkin Road, and Upper Palermo Road from Ophir Road to Palermo Road. Bids were received on April 24, 2001, with the low bidder being Robinson Construction Company, in the amount of $688,810. 730 of the construction cost is reimbursable through the State Transportation Improvement Program - action requested - AWARD BID AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT WITH ROBINSON CONSTRUCTION COMPANY IN THE AMOUNT OF $688,810 SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. Page 9 May 8, 2001 Time Item No. 3.33 * Construction of Pavement Overlays on Various Butte County Roadways - County Project No. AC-2000-1 - the project consists of a total of 4.9 miles of pavement overlay on East Gridley Road from Kirk Road to State Route 70, B Street from the Biggs city limits to State Route 99, and Larkin Road from East Evans Reimer Road to East Gridley Road. Bids were received on April 17, 2001, with the low bidder being Robinson Construction Company, in the amount of $508,190. 1000 of the construction cost is reimbursable through the State Transportation Improvement Program - action requested - AWARD BID AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT WITH ROBINSON CONSTRUCTION COMPANY IN THE AMOUNT OF $508,190 SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 3.34 * Construction of a Pavement Overlay on Colusa Highway from Pennington Road to the Gridley City Limits - County Project No. AC-99-4 - the project consists of 4.4 miles of pavement overlay from Pennington Road to the Gridley city limits - action requested -Bids were received on April 10, 2001, with the low bidder being Robinson Construction Company, in the amount of $449,267.50. 870 of the construction cost is reimbursable through the State Transportation Improvement Program - action requested - AWARD BID AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT WITH TEICHERT CONSTRUCTION OF DAVIS IN THE AMOUNT OF $449,267.50 SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 3.35 * Resolution Certifying Annual Changes to Butte County Maintained Mileage - Board approval is requested by the Public works Department for an annual resolution which certifies the current maintained mileage within Butte County pursuant to Streets and Highways Code Section 2121. The total mileage of maintained county roads is certified at 1, 355.93 miles - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Page 10 May 8, 2001 Time Item No. 3.36 * NorthStar Engineering - west Eighth Avenue Improvement Project - Board approval is requested by the Public works Department for an agreement with NorthStar Engineering for the provision of professional engineering services for the design of west Eighth Avenue improvements between State Route 32 and the Esplanade in Chico. Consultant services include determining right-of-way requirements, utility coordination, soil investigation, street design, sanitary sewer design, storm drainage design, and preparation of construction documents. The County and the City of Chico have jointly programmed approximately $3.1 million in State Transportation Improvement Program funds for this project, with the City of Chico agreeing to share in the costs of the project's design, right-of-way acquisition, environmental review and construction (Item 3.37). The maximum amount of the agreement is not to exceed $130,576 - action requested - APPROVE BUDGET TRANSFER B-322 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE (4 /5 vote required); AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 3.37 * City of Chico Cost Sharing Agreement - west Eighth Avenue Improvement Project - Board approval is requested by the Public works Department for a cost sharing agreement with the City of Chico for the design, right-of-way acquisition, environmental review and construction of west Eighth Avenue improvements between State Route 32 and the Esplanade in Chico - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Agreements 3.38 * Kitchell CEM, Inc. - Amendment - Board approval is and requested by the General Services Director for an Grants amendment to the agreement with Kitchell CEM, Inc., for the inclusion of special contract provisions required by the State Board of Corrections as part of the grant funding for the new Juvenile Hall project. The conditions relate to the retention of books and records, access to records, access to project staff and facilities, and nondiscrimination provisions - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. Page 11 May 8, 2001 Time Item No. 3.39 * California Department of Food and Agriculture - Board approval is requested by the Agricultural Commissioner for a revenue agreement with the California Department of Food and Agriculture for funds to support the Butte County weed Management Plan. The term of the agreement is February 1, 2001, through December 31, 2001, with a maximum amount payable to the County of $30,149. Board approval is also requested to accept and appropriate $15,370 for this fiscal year, with the remaining $14,779 to be included in the Fiscal Year 2001-2002 budget - action requested - APPROVE BUDGET TRANSFER B-329 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40301) 3.40 * Quad Knopf, Inc. - Amendment - Board approval is requested by the Administrative Office for an amendment to the agreement with Quad Knopf, Inc., for the preparation of an Environmental Impact Report in support of the financial loan and grant applications associated with the Chico Urban Area Nitrate Compliance Plan. The amendment extends the term of the agreement through September 30, 2001, to allow additional time for document preparation and completion. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11545) 3.41 * Robert L. Zadra, M.D. - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Robert L. Zadra, M.D. for the provision of medical work in the specialized field of psychiatry. The term of the agreement is April 1, 2001, through June 30, 2002, with a maximum amount payable of $56,672 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X12015) 3.42 * Oroville Hospital - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Oroville Hospital for the provision of emergency room services to include non-emergency transportation as an allowable service provision under this agreement. The term of the agreement will remain July 1, 1999, through June 30, 2001, and increases the maximum amount payable to $75,400 ($27,000 for fiscal year 1999-2000 and $48,400 for fiscal year 2000-2001 [department budget]) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 12 May 8, 2001 Time Item No. 3.43 * T. w. DuFour and Associates - Lease Agreement - 500 Cohasset Road, Suite 20, Chico - Board approval is requested by the Butte County Department of Behavioral Health for a lease agreement with T. w. DuFour and Associates for the property located at 500 Cohasset road, Suite 20, Chico. The site will be utilized by the Youth Services Division to expand its delivery of psychological services. The term of the lease is April 2, 2001, through April 30, 2010, with a maximum amount payable of $180,840.38, with T. w. DuFour providing one month of free rent - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.44 * Right Road Recovery Programs, Inc. - Board approval is requested by the Butte County Department of Behavioral Health to amend three separate agreements with Right Road Recovery Programs, Inc., as follows: A. Right Roads Recovery Programs, Inc. - Drug Court, Amendment C - proposed is the extension of the agreement to June 30, 2001, in a maximum amount of $117,556.61 for Fiscal Year 2000- 2001; B. Right Roads Recovery Programs, Inc. - CalwORKS, Amendment A - proposed is the extension of the agreement to June 30, 2001, in a maximum amount of $41,440 for Fiscal Year 2000-2001; and C. Right Roads Recovery Programs, Inc. - Regular/Dual/Perinatal, Amendment D - proposed is the addition of homeless residential services, and the extension of the agreement to June 30, 2001, in a maximum amount of $106,812 for Fiscal Year 2000-2001 - action requested - APPROVE AGREEMENT AMENDMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X10930, Contract No. X11347, Contract No. X10699) Page 13 May 8, 2001 Time Item No. 3.45 * Echo Consulting Services of California, Inc. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Echo Consulting Services of California, Inc., to increase the optional expenses included within the agreement by $7,000 to provide training, technical support, and product development. The term of the agreement will remain July 1, 1999, through June 30, 2001, and increases the maximum amount payable to $136,366.93 ($58, 318.30 for fiscal year 1999-2000 and $78, 048.63 for fiscal year 2000-2001 [department budget]) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.46 * Macro Corporation - Amendment - Board approval is requested by the Information Systems Department/Communications Division for an amendment to the agreement with Macro Corporation for the provision of a strategic plan to upgrade the County's radio network. The amendment extends the term of the agreement for 120 days to allow the contractor additional time to complete the plan. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.47 * KMD Justice - Board approval is requested by the General Services Director for an amendment to the agreement with KMD Justice, a division of Kaplan McLaughlin Diaz (KMD), for the provision of professional architect and engineering services for construction of a new Juvenile Hall. The amendment increases the maximum amount payable by $1,265 (project budget) for documentation and design of infrastructure for a radio communications systems. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.48 * California State Library - Families for Literacy Program Services Grant - Board approval is requested by the Library to apply to the California State Library for funds for the Families for Literacy Program for Fiscal Year 2001-2002. Funds from the grant will be utilized for materials and staff to address the problems in intergenerational illiteracy in eligible adult learner families - action requested - APPROVE SUBMISSION OF GRANT APPLICATION AND AUTHORIZE THE DIRECTOR OF LIBRARIES TO SIGN. Page 14 May 8, 2001 Time Item No. 3.49 * Superior Court of California-County of Butte - Memorandum of Understanding - Board approval is requested by the Probation Department for an amendment to the Memorandum of Understanding with the Superior Court of California-County of Butte for the provision of funding for one Probation Officer position and one half-time Probation Technician in support of the Adult Drug Court program. The amendment extends the term of the agreement through May 30, 2001, with all other terms and provisions to remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11572) 3.50 * Office of Criminal Justice Planning - Marijuana Suppression Grant 2000-2001 - Board approval is requested by the Sheriff's Office to accept and appropriate an additional $65,745 in funds received from the Office of Criminal Justice Planning as an augmentation to the Marijuana Suppression Grant for Fiscal Year 2000-2001. Board approval is requested to appropriate the funds as detailed in the agenda report, and to purchase a four-wheel drive vehicle in the amount of $28,000 and a cargo hook for the department's helicopter in the amount of $3,500 - action requested - APPROVE BUDGET TRANSFER B-330 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE; AND APPROVE PURCHASE OF TWO FIXED ASSET ITEMS. (Contract No. R40164) 3.51 * Butte County Sheriff's Office - Memorandum of Understanding (MOU) - Sheriff Inmate Labor Program - Board approval is requested by the Public works Department to increase the hourly rate of the Sheriff Inmate Labor Program from $35 per hour to $53 per hour in order to sufficiently cover costs associated with the program. In order to facilitate this increase, approval is requested to amend the current MOU to end on June 30, 2000, with a maximum amount payable of $51,500. Proposed is a new MOU for the ongoing utilization of the program for the term July 1, 2000 to June 30, 2002, in a maximum amount of $160,000 - action requested - APPROVE MOU AMENDMENT NO. 2 AND AUTHORIZE THE CHAIR TO SIGN (Contract No. X10948); AND APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN (Contract No. X11963). Page 15 May 8, 2001 Time Item No. 3.52 * Butte County Sheriff's Office - Memorandum of Understanding (MOU) - Sheriff Inmate Labor Program - Board approval is requested by the Public works Department-Solid waste Division to increase the hourly rate of the Sheriff Inmate Labor Program from $35 per hour to $53 per hour in order to sufficiently cover costs associated with the program. In order to facilitate this increase, approval is requested to amend the current MOU to end on June 30, 2000, with a maximum amount payable of $25,000 for Fiscal Year 1999-2000. Proposed is a new MOU for the ongoing utilization of the program for the term July 1, 2000 to June 30, 2002, in a maximum amount of $50,000 - action requested - APPROVE MOU AMENDMENT NO. 1 AND AUTHORIZE THE CHAIR TO SIGN (Contract No. X10949); AND APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN (Contract No. X11962). Miscel- 3.53 * wavier of Fees - Board approval is requested by the laneous Public works Department for a waiver of tipping fees at the Neal Road Landfill to meet the local contribution requirement of a clean-up grant from the California Integrated waste Management Board (CIwMB) to clean-up illegally dumped waste along an approximately two-mile portion of Oro Bangor Highway. CIwMB will administer the grant and provide all labor, equipment, and supplies, with no local funding required - action requested - WAIVE TIPPING FEES AT NEAL ROAD LANDFILL FOR WASTE COLLECTED DURING THE CIWMB CLEAN-UP. 4.00 Regular Agenda 4.01 * Fire Department - Introduction of a Foreign Student Intern - Chief Sager would like to introduce a student intern from the University of Bordeaux - action requested - ACCEPT FOR INFORMATION. 4.02 Appointments - Boards, Commissions, and Committees. * 1. Appointments to listed vacancies. Continued on Page 17 Page 16 May 8, 2001 Time Item No. * 2. Emergency Medical Care Committee (EMCC) - consideration of a request by the EMCC to remove a non-active public member - action requested - PURSUANT TO EMCC BY-LAWS, ARTICLE IV, SECTION 4, REMOVE PUBLIC MEMBER APPOINTEE MICKI SPELLMEYER FOR CONSECUTIVE UNEXCUSED ABSENCES; AND DIRECT AN UNSCHEDULED VACANCY NOTICE BE POSTED FOR THE PUBLIC MEMBER VACANCY. 3. Proposition 12 Funds Board Subcommittee - consideration of the appointment of a Board subcommittee for consideration of the distribution of Proposition 12 funds for various park and recreation related purposes - action requested - APPOINT BOARD MEMBER SUBCOMMITTEE. (FROM 4-24-O1) 4.03 Update on legislative and budget activities. (CHIEF ADMINISTRATIVE OFFICER) 4.04 * University Foundation Land Acquisition Grant - on May 18, 2001, the wildlife Conservation Board will consider a grant to the California State University Chico Research Foundation to assist in a cooperative project to acquire approximately 1,226 acres as an extension to the Big Chico Creek Ecological Preserve. This grant would be partially funded using Proposition 12 funds - action requested - AUTHORIZE LETTER EXPRESSING BOARD OF SUPERVISORS POSITION REGARDING WILDLIFE CONSERVATION BOARD GRANT TO UNIVERSITY FOUNDATION FOR PROPERTY ACQUISITION. (SUPERVISOR JOSIASSEN) 4.05 Department of Social welfare Adult and Children's Services Board highlighting the But Children's Services programs ACCEPT FOR INFORMATION. [FROM 4-24-01/4.07]) 2000 Annual Report on - presentation to the to County Adult and - action requested - (WELFARE DEPARTMENT Page 17 May 8, 2001 Time Item No. 4.06 Transit Consolidation Study - Summary Report - presentation of a summary report and recommendations prepared by the Butte County Association of Governments regarding consolidation of transit services - action requested - ACCEPT THE TRANSIT CONSOLIDATION STUDY SUMMARY REPORT; AND APPOINT A BOARD MEMBER REPRESENTATIVE TO ATTEND THE BUTTE COUNTY ASSOCIATION OF GOVERNMENTS' WORKSHOPS ON POLICY LEVEL ISSUES FOR CONSOLIDATING TRANSIT SERVICES. (PUBLIC WORKS [FROM 4-24-02/4.08]) 4.07 Department Head Presentation - District Attorney - Presentation to the Board - action requested - ACCEPT FOR INFORMATION. (DISTRICT ATTORNEY) 4.08 * Drug Endangered Children Program - consideration of a letter of support for Assembly Bill 41 (Washington) which will provide funding for the Drug Endangered Children Program; and consideration of funding of the program through June 30, 2001 - action requested - APPROVE LETTER OF SUPPORT FOR AB 41 AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-331 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE IN THE AMOUNT OF $82,564 AS DETAILED IN THE AGENDA REPORT OF MAY 8, 2001. (DISTRICT ATTORNEY) 4.09 * RECESS AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND CONVENE AS THE THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES. 1. Resolution Establishing Endowment Care Fund and a Pre-need Fund - consideration of a resolution, pursuant to California Health and Safety Code Sections 8738, and 9000-9005, establishing an endowment care fund and a pre- need fund to cover the purchase of cemetery plots - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. RECESS AS THE THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES AND RECONVENE AS THE BUTTE COUNTY BOARD OF SUPERVISORS. Page 18 May 8, 2001 Time Item No. 4.10 * Matters on which Public Hearings Have Been Held and Motions of Intent Have Been Adopted - Joint Actions and Resolution Amending the Butte County General Plan - Russell General Plan Amendment (GPA Ol-O1); Mooretown Rancheria General Plan Amendment and Rezone (GPA/RZ 99-03); Schuster General Plan Amendment and Rezone (GPA/RZ O1-05) and Tentative Subdivision Map (APL O1-06, TSM 00-03) - consideration of the actions needed to implement the Motions of Intent passed by the Board on February 27, 2001, March 13, 2001, and March 27, 2001 - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. RUSSELL GENERAL PLAN AMENDMENT (GPA Ol-Ol) A. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; B. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR 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; Continued on Page 20 Page 19 May 8, 2001 Time Item No. C. SUBJECT TO FINDINGS III(A-B) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, FIND THE GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358; D. SUBJECT TO FINDINGS IV(A-D) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT A JOINT RESOLUTION AMENDING THE GENERAL PLAN FROM GRAZING AND OPEN LAND TO AGRICULTURAL- RESIDENTIAL, ON PROPERTY IDENTIFIED AS A 25-ACRE PORTION OF APN 073-110-036, PLANNING DIVISION FILE GPA Ol-Ol AND AUTHORIZE THE CHAIR TO SIGN; 2. MOORETOWN RANCHERIA GENERAL PLAN AMENDMENT AND REZONE (GPA/RZ 99-03) A. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; Continued on Page 21 Page 20 May 8, 2001 Time Item No. B. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT, AND APPROVE A "DE MINIMUS" EXEMPTION TO THE PAYMENT 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 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; C. SUBJECT TO FINDINGS III(A-B) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, FIND THAT THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358; D. SUBJECT TO FINDINGS IV(A-G) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT A JOINT RESOLUTION AMENDING THE GENERAL PLAN FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL, AND ADOPT AN ORDINANCE REZONING PROPERTY IDENTIFIED AS A 5.45 ACRE PORTION OF APN 036-310-162 FROM AR (AGRICULTURAL RESIDENTIAL) TO C-1 (LIGHT COMMERCIAL) SUBJECT TO THE CONDITIONAL ZONING AGREEMENT ATTACHED TO THE ZONING ORDINANCE AS EXHIBIT "A" IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, AND AUTHORIZE THE CHAIR TO SIGN; Continued on Page 22 Page 21 May 8, 2001 Time Item No. 3. STEPHEN J. SCHUSTER GENERAL PLAN AMENDMENT, REZONE, AND TENTATIVE SUBDIVISION MAP (GPA/RZ O1-05) AND (APL O1-06, TSM 00-03) A. SUBJECT TO FINDINGS I(A-F) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; B. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT, AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR 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; Continued on Page 23 Page 22 May 8, 2001 Time Item No. C. APPROVE FINDINGS SUPPORTING AN OVERRIDE OF THE AIRPORT LAND USE COMMISSION'S FINDINGS OF INCONSISTENCY OF TSM-00-03 AND GPA/RZ 00-05 WITH THE 1978 CHICO MUNICIPAL AIRPORT ENVIRONS PLAN, AS AMENDED OCTOBER 21, 1998, AND DECEMBER 29, 1999, AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001 (4 /5 vote required). THE BOARD HEREBY MAKES THE FINDINGS REQUIRED BY PUBLIC UTILITIES CODE SECTIONS 21670 AND 21676, AS SUPPORTED BY THOSE SPECIFIC FINDINGS SET FORTH IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, WHICH FINDINGS ARE INCORPORATED HEREIN AND SUPPORT THE CONCLUSION THAT APPROVAL OF THE SCHUSTER GENERAL PLAN AMENDMENT, REZONE, AND TENTATIVE SUBDIVISION MAP (SCHUSTER PROJECT), AS DESIGNATED AND CONDITIONED, WILL NOT CREATE ANY NEW NOISE AND SAFETY PROBLEMS NEAR THE CHICO MUNICIPAL AIRPORT. FURTHERMORE, THE APPROVAL OF THE SCHUSTER PROJECT, AS CONDITIONED, INCLUDES LAND USE MEASURES THAT MINIMIZE THE PUBLIC'S EXPOSURE TO EXCESSIVE NOISE, OVERFLIGHT AND SAFETY HAZARDS AND PROVIDE AIRSPACE PROTECTION. THESE CONCLUSIONS ARE SUPPORTED BY THE DETAILED INFORMATION CONTAINED IN THE ADMINISTRATIVE RECORD. THEREFORE, THE APPROVAL OF THE SCHUSTER PROJECT IS CONSISTENT WITH THE PURPOSES OF ARTICLE 3.5 OF CHAPTER 4 OF PART I OF DIVISION 9 OF THE PUBLIC UTILITIES CODE, AS STATED IN PUBLIC UTILITIES CODE SECTION 21670. D. SUBJECT TO FINDINGS IV(A-D) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, FIND THAT THE PROPOSED GENERAL PLAN AMENDMENT IN IS THE PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358; Continued on Page 24 Page 23 May 8, 2001 Time Item No. E. SUBJECT TO FINDINGS V(Al-7) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT AN ORDINANCE REZONING FROM P-Q (PUBLIC, QUASI-PUBLIC) TO SR-1 (SUBURBAN RESIDENTIAL - 1 ACRE PARCELS); OS (OPEN SPACE) TO P-Q; AND SR-1 TO P-Q, AND ADOPT A RESOLUTION AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN FROM "PUBLIC" TO "AGRICULTURAL RESIDENTIAL", AND FROM "OPEN SPACE" TO "PUBLIC" AND "AGRICULTURAL RESIDENTIAL" TO "PUBLIC", PROPERTY IDENTIFIED AS A 5-ACRE PORTION OF APN 047-350-130, AND A 6.71 ACRE PORTION OF APN 047-350-015, SUBJECT TO THE CONDITIONAL ZONING AGREEMENT ATTACHED TO THE ZONING ORDINANCE AS EXHIBIT "B" IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, AND AUTHORIZE THE CHAIR TO SIGN; F. SUBJECT TO FINDINGS VI(A-F) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT A JOINT RESOLUTION AMENDING THE GENERAL PLAN BY AMENDING THE NORTH CHICO SPECIFIC PLAN FIGURES 5- 1 PARKS AND OPEN SPACE, 6-3 DRAINAGE CONCEPT, AND FIGURE 3-1 LAND USE MAP, IN ACCORDANCE WITH THE ACTIONS CONTAINED IN ACTION "E" LISTED ABOVE, ON PROPERTY IDENTIFIED AS A 5-ACRE PORTION OF APN 047-350-130, AND A 6.71 ACRE PORTION OF APN 047-350-015, AND AUTHORIZE THE CHAIR TO SIGN; G. SUBJECT TO FINDINGS VII(A-D) AS DETAILED IN THE JOINT ACTIONS PREPARED FOR MAY 8, 2001, UPHOLD THE APPEAL, AND APPROVE TENTATIVE SUBDIVISION MAP 00-03, FOR STEPHEN J. SCHUSTER, SUBJECT TO THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE JOINT ACTIONS PREPARED FOR MAY 8, 2001. 4.11 Items removed from the Consent Agenda for Board consideration and action. Page 24 May 8, 2001 Time Item No. 5.00 Public Hearincrs and Timed Items 10:00 A.M. 5.01 Ground Breaking Ceremony - New Juvenile Hall. 10:30 A.m. 5.02 * Public Hearing - General Plan Amendment and Rezone for the Area in and Around the Sphere of Influence for the City of Gridley - Butte County Board of Supervisors - consideration of a General Plan and Zoning Amendment in and around the City of Gridley to reflect changes made to the Sphere of Influence by the Local Agency Formation Commission in April 2000. This is a an item on which notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given. The proposed changes are as follows: 1) Change the Land Use designation from Low Density Residential to Agricultural Residential and Rezone from SR-1 to SR-5 approximately 140 acres located on the east side of Gridley between East Gridley Road and Sheldon Avenue; 2) Change the Land Use designation from Medium Density Residential to Agricultural Residential and Rezone from SR-1 to SR- 5 approximately 9.2 acres identified as APN 024-270- 032; 3) Change the Land Use designation from Low Density Residential to Agricultural Residential on approximately 35 acres identified as APN 021-070-087 (ptn.) and APN 021-070-050; 4) Rezone from SR-1 to SR-5 approximately 30 acres located immediately northwest of the Gridley Sphere of Influence; 5) Rezone from SR to SR-5 approximately 28 acres identified as APN 022-230-001 and 022-260-006; 6) Rezone from SR-1 to SR-5 approximately 34 acres located within Gridley's Sphere of Influence on the south side of Yew Street and the west side of Oregon Street; and 7) Rezone from SR-1 to SR-5 approximately 51 acres located within the Sphere of Influence, immediately adjacent to the city limits, on the southeast side of the city. Also proposed is an amendment to the Gridley Urban Reserve diagram and policies in the Land Use Element of the Butte County General Plan to reflect the City's new Sphere of Influence - STAFF RECOMMENDS THAT THE BOARD TAKE THE FOLLOWING ACTIONS: 1. SUBJECT TO FINDINGS III A(1-5) AS DETAILED IN THE STAFF REPORT DATED MAY 8, 2001, ADOPT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; Continued on Page 26 Page 25 May 8, 2001 Time Item No. 2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS 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 753.3, 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 UNITED STATES FISH AND WILDLIFE SERVICES; 3. SUBJECT TO FINDINGS III C(1-3) AS DETAILED IN THE STAFF REPORT DATED MAY 8, 2001, ADOPT A RESOLUTION AMENDING THE BUTTE COUNTY GENERAL PLAN AND AUTHORIZE THE CHAIR TO SIGN; AND 4. SUBJECT TO FINDINGS III D(1-4) AS DETAILED IN THE STAFF REPORT DATED MAY 8, 2001, ADOPT AN ORDINANCE REZONING AREAS IN AND AROUND THE GRIDLEY SPHERE OF INFLUENCE AS DETAILED IN THE STAFF REPORT MAY 8 , 2 0 O l , AND AUTHORIZE THE CHAIR TO SIGN. (FILE NO. CBS [GPA 01- 02]/FROM 4-24-O1 [3.05]) 10:45 a.m. 5.03 * Public Hearing - Supervisorial Redistricting - Establishment of criteria for development of new supervisorial boundary lines and to receive input from the public - action requested - ADOPT CRITERIA. 6.00 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.) Page 26 May 8, 2001 Time Item No. 7.00 Closed Session 7.01 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: AGENCY NEGOTIATORS: JEANNE GRAVETTE AND WILLIAM AVERY. EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE COUNTY MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT); COMMUNICATION WORKERS OF AMERICA (SOCIAL SERVICES WORKERS' UNIT); BUTTE COUNTY PROFESSIONAL EMPLOYEES UNIT; BUTTE COUNTY DEPUTY SHERIFFS' ASSOCIATION (GENERAL AND MANAGEMENT/SUPERVISORY UNIT); AND BUTTE COUNTY CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL AND MANAGEMENT/SUPERVISORY UNIT). 7.02 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR OF CHILD SUPPORT SERVICES. 7.03 PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957: COUNTY COUNSEL. 7.04 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: INTERIM DIRECTOR- DEVELOPMENT SERVICES. 8.00 Communications 8.01 Communications received and referred. (A LISTING AND COPIES OF COMMUNICATIONS RECEIVED BY THE BOARD IN ADDITION TO THOSE LISTED BELOW ARE AVAILABLE IN THE CLERK OF THE BOARD'S OFFICE.) * 1. The United way presents their Gold ward to the Butte County Employees for outstanding services to the people of their community. A copy of the agenda and supporting material provided to the Board of Supervisors members to explain each agenda item (excluding documents that are not a public record within the meaning of the Public Records Act) is available in the Administrative Office for your review. Please do not remove items from this file. A copy can be made for you at a charge to cover costs. The list of communications included with the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have been received but not included in the agenda supporting material. Copies of all communications received by the Board of Supervisors (excluding documents that are not a public record within the meaning of the Public Records Act) are available at the Administrative Office upon request. An "*" appearing before an agenda item in the agenda signifies that material has been provided to the Board of Supervisors members to explain this item. The Board of Supervisors is committed to making its proceedings accessible to all citizens. Individuals with special needs may call 530-538-7643 for assistance. All requests must be made 48 hours prior to the meeting. Page 27 May 8, 2001 Time Item No. Page 28 May 8, 2001