HomeMy WebLinkAboutA082603BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
AUGUST 26, 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 -AUGUST 26, 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 Observation of a Moment of Silence.
2.00 CORRECTIONS AND~OR CHANGES TO THE AGENDA
3.00 CONSENT AGENDA
AUDITOR-
CONTROLLER 3.01 * Adoption of Tax Rates - approval is requested for a
resolution which will set various ad valorem tax rates
for the County for fiscal year 2003-2004. State law
requires the Board adopt the rates prior to September 1
of each year - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
3.02 * County Service Area Charges - in order to levy service
charges in the various County Service Areas, it is
necessary to accomplish several prerequisite steps -
action requested - DIRECT THAT A REPORT OF SERVICE
CHARGES BE PREPARED IN ACCORDANCE WITH GOVERNMENT CODE
SECTION 25210.77a AND FILED WITH THE CLERK OF THE
BOARD; DIRECT A PUBLIC HEARING BE SET FOR
SEPTEMBER 23, 2003, AT 10:30 A.M., AND DIRECT PUBLIC
NOTICE OF THE HEARING BE GIVEN IN ACCORDANCE WITH
GOVERNMENT CODE SECTION 6066.
3.03 * Sungard Pentamation, Inc. - approval is requested for
an agreement with Sungard Pentamation, Inc., for the
provision of software maintenance and support services
for the County's financial system. The term of the
agreement is July 1, 2003, through June 30, 2004, with
a maximum amount payable of $50,614 (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10555)
BEHAVIORAL
HEALTH 3.04 * Willow Glen Care Center - approval is requested for an
agreement with Willow Glen Care Center for the
provision of day rehabilitation services. The term of
the agreement is July 1, 2003, through June 30, 2004,
with a maximum amount payable of $100,952 (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 1 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 26, 2003
3.05 * Tulare County Superintendent of Schools - Addendum -
approval is requested for an addendum to the revenue
agreement with the Tulare County Superintendent of
Schools for grant funds to support the Friday Night
Live mentoring program. The addendum extends the term
of the agreement through September 30, 2003, increases
the maximum amount payable to the County by $6,875, and
revises the scope of work and reporting period dates to
reflect the extended term. 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. R40504)
CHIEF
ADMINISTRATIVE
OFFICE 3.06 * Land Image Landscape Architects - approval is requested
for an agreement with Land Image Landscape Architects
for the provision of a Feasibility Study regarding
acquisition and development of three parcels of land
adjacent to the Veterans' Memorial Hall in Oroville.
The proposed project would include an area for a
memorial and the construction of additional parking
space to serve the facility and the downtown area. The
term of the agreement is August 11, 2003, through
December 15, 2003, with a maximum amount payable of
$29,475. Funding for the project would be provided by
Proposition 12 per capita funds, City of Oroville funds
and County Community Development Block Grant funds, as
approved by the Board on March 11, 2003 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-006
(4/5 vote required) ALLOCATING FUNDS AS DETAILED IN THE
AGENDA REPORT.
3.07 * Tri-County Economic Development Corporation -
Amendment - approval is requested for an amendment to
the Master Subrecipient Agreement with the Tri-County
Economic Development Corporation for the provision of
services in support of various programs funded by the
State Department of Housing and Community Development,
Community Development Block Grant program. The
amendment provides for the inclusion of $290,875
received from the State for the Butte County Business
Incubator Program. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X130320)
PAGE 2 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 26, 2003
3.08 * NorthStar Engineering - Amendment - approval is
requested for an amendment to the agreement with
NorthStar Engineering for the preparation of a sewer
feasibility study for areas north of Lindo Channel in
the Chico Urban Area and County Service Area No. 114,
and services in support of the Chico Urban Area Nitrate
Compliance Program and the State Revolving Fund loan
application process. The amendment extends the term of
the agreement through July 31, 2004, and incorporates
a new standard hourly rate schedule effective
July 1, 2003. The maximum amount payable is not
amended. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10804)
3.09 * Rolls, Anderson & Rolls Civil Engineering - Amendment -
approval is requested for an amendment to the agreement
with Rolls, Anderson & Rolls Civil Engineering for the
preparation of a sewer feasibility study for areas
south of Lindo Channel in the Chico Urban Area and
County Service Area (CSA) No. 114, and services in
support of the Chico Urban Area Nitrate Compliance
Program and the State Revolving Fund loan application
process. The amendment extends the term of the
agreement through July 31, 2004, and increases the
maximum amount payable by $10,000 (CSA No. 114 budget) .
All other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X10803)
CLERK OF
THE Bow 3.10 * Approval of Minutes - action requested - APPROVE
MINUTES OF JULY 8, 2003, AND JULY 22, 2003.
COUNTY
COUNSEL 3.11 * Distribution of Excess Proceeds from the Sale of Tax-
Defaulted Property - on June 24, 2002, the Butte County
Tax Collector sold 77 parcels of tax-defaulted
property. Pursuant to Revenue and Taxation Code
Section 4675, priorities are set for payment of excess
proceeds. Claims were received on 46 of the parcels
sold and the department submits recommendations for
distribution of the proceeds - action requested - ADOPT
RECOMMENDATIONS REGARDING DISTRIBUTION OF EXCESS
PROCEEDS FROM THE SALE OF TAX-DEFAULTED PROPERTY AS
PREPARED BY COUNTY COUNSEL; AND ORDER DISTRIBUTION
PURSUANT TO REVENUE AND TAXATION CODE SECTION 4675.
PAGE 3 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 26, 2003
DISTRICT
ATTORNEY 3.12 * State of California, Department of Insurance - approval
is requested to apply to the State of California,
Department of Insurance, for grant funds to support the
Automobile Insurance Fraud Program for fiscal year
2003-2004. There is no cash match required for the
grant - action requested - ADOPT RESOLUTION APPROVING
SUBMISSION OF THE GRANT APPLICATION BY THE DISTRICT
ATTORNEY AND AUTHORIZE THE CHAIR TO SIGN.
EMPLOYMENT
AND SOCIAL
SERVICES 3.13 * Youth For Change - approval is requested for an
agreement with Youth For Change for the provision of
Senate Bill 163 Wraparound Services. The term of the
agreement is July 1, 2003, through June 30, 2005, with
a maximum amount payable of $1,438,560 ($719,280 per
fiscal year [department budget]) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X14342)
3.14 * Private Industry Council, Inc. - approval is requested
for a sublease agreement with the Private Industry
Council, Inc., for the property located at 205 Mira
Loma Drive, Oroville. The term of the lease is
September 15, 2003, (or upon occupancy) through
September 15, 2018. The maximum amount payable for
fiscal year 2003-2004 is $117,951 (department budget).
An increase in lease costs of $0.02 to $0.03 per square
foot will occur every 2 years throughout the 15 year
lease, beginning with year 3 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.15 * Northern Valley Catholic Social Service - Amendment -
approval is requested for an amendment to the agreement
with Northern Valley Catholic Social Service for the
provision of Cal-Learn Case Management Services. The
amendment extends the term of the agreement through
September 30, 2003, reduces the monthly participant
rate by $26.00, and increases the maximum amount
payable for the extended term by $50,000 (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. X11259)
PAGE 4 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 26, 2003
3.16 * Butte County Department of Behavioral Health/Butte
County Department of Employment and Social Services -
Amendment - approval is requested for an amendment to
the Memorandum of Understanding with the Butte County
Department of Behavioral Health for the provision of
treatment services to Ca1WORKs clients. The amendment
extends the term of the agreement through
October 31, 2003. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X10903)
GENERAL
SERVICES 3.17 * William Pyeatt - Amendment - approval is requested for
an amendment to the agreement with William Pyeatt for
the provision of project administration services for
the new Butte County Juvenile Hall construction
project. The amendment extends the term of the
agreement through November 30, 2003, and increases the
maximum amount payable by $7,000 (project budget). All
other terms and provisions remain the same. Mr. Pyeatt
is a former employee who left County service in
December 2001 - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X13345)
3.18 * New Juvenile Hall - Contract Change Order (CCO)
No. 27 - CCO No. 27, in the increasing amount of
$110,000, provides for the installation of additional
heat and smoke detector devices as required by the
State Fire Marshall. Funding for the change order is
included in the project's fiscal year 2003-2004 budget
request - action requested - APPROVE CCO NO. 27 AND
AUTHORIZE THE CHAIR TO SIGN.
3.19 * New Juvenile Hall - Notice of Completion - the project
consisted of the construction of a new juvenile hall
facility at 41 County Center Drive, Oroville. All
project work has been completed in accordance with
plans and specifications - action requested - ACCEPT
CONTRACT WORK; APPROVE NOTICE OF COMPLETION AND
AUTHORIZE THE CHAIR TO SIGN; AND DIRECT RECORDING OF
THE NOTICE OF COMPLETION.
HUMAN
RESOURCES 3.20 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: PUBLIC WORKS-
CONSTRUCTION AND MAINTENANCE - deletes one flexibly
staffed position of Tree Trimmer/Climber I/Road
Maintenance Worker I. Adds one flexibly staffed
position of Tree Trimmer/Climber II/I/Road Maintenance
Worker I - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
PAGE 5 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 26, 2003
LIBRARY 3.21 * Library Donations - pursuant to Government Code Section
25355, donations of $1,000 from the Paradise Friends of
the Library, $500 from the Oroville Friends of the
Library, and $500 from the Fraternal Order of Eagles,
Oroville, have been received for the Butte County Trust
Fund for the purchase of books - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
PUBLIC
HEALTH 3.22 * Relief of Accountability - approval is requested,
pursuant to Government Code Section 29390, for relief
of accountability for $100 missing from the receipts of
the Environmental Health Office in Oroville on
July 25, 2003. The Auditor-Controller found no
evidence of fraud or gross negligence - action
requested - APPROVE RELIEF OF ACCOUNTABILITY.
3.23 * California Department of Health Services - Fiscal
Year 2003-2004 Rural Health Services Program Funds -
approval is requested for a declaration of intent not
to apply for fiscal year 2003-2004 Rural Health
Services Program funds. Legislation currently exists
which permits the State to administer the Hospital
Services, Physician Services, and Children's Treatment
program allocations for counties. The State's
administration relieves counties of several
requirements to document and report expenditures and
program activities - action requested - APPROVE THE
DECLARATION OF INTENT NOT TO APPLY FOR THE FISCAL YEAR
2003-2004 RURAL HEALTH SERVICES PROGRAM FUNDS AND
AUTHORIZE THE CHAIR TO SIGN.
PUBLIC
woRxs 3.24 Adoption of an Ordinance Establishing Speed Limits on
Certain Roads within the County of Butte, State of
California - consideration of an ordinance which will
declare the speed limit on Butte County highways as
follows: 1.) Thirty-five miles-per-hour on Bald Rock
Road, from Oroville Quincy Highway (MP 0.00) to 500
feet north of Zink Road (MP 9.00); 2.) Thirty-five
miles-per-hour on Bald Rock Road, from 500 feet south
of Milsap Bar Road (MP 10.50) to Forest Highway 119 (MP
11.18); 3.) Forty miles-per-hour on Centerville Road,
from Honey Run Road (MP 0.00) to Helltown Road (MP
5.47); 4.) Forty miles-per-hour on Meridian Road, from
500 feet south of Kennedy Avenue (MP 0.90) to State
Route 32 (MP 1.69); and 5.) Forty-five miles-per-hour
on Bald Rock Road, from 500 feet north to Zink Road (MP
9.00) to 500 feet south of Milsap Bar Road (MP 10.50) -
action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 8-12-03 [3.40])
PAGE 6 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 26, 2003
3.25 Adoption of an Ordinance - consideration of an
ordinance reinserting amendments to Section 31-35 of
Chapter 31 of the Butte County Code entitled "Solid
Waste Collection Management and Recycling". The
proposed ordinance reinserts amendments introduced at
the meeting of January 28, 2003, but inadvertently
omitted from the version approved by the Board on
February 11, 2003 - action requested - ADOPT ORDINANCE
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-12-03 [3.44])
3.26 * 360networks, inc. - approval is requested for a
settlement agreement with 360networks, inc., for funds
to repair construction deficiencies discovered in the
company's installation of fiber optic cable in the
County's right-of-way. Under the terms of the
settlement agreement 360networks, inc., will provide
$100,000 to the County for repair work and the County
will issue a full release of their bond, and issue a
release of any further obligations associated with the
repair work - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40558)
3.27 * Peterson Tractor Company - approval is requested for a
sole source agreement with Peterson Tractor Company for
the provision of maintenance and repair services for
equipment at the Neal Road Landfill. The term of the
agreement is April 15, 2003, through April 15, 2008,
with a maximum amount payable of $478,122.50 (Neal Road
Landfill Management Fund). Sole source approval is
requested to comply with the warranty provisions of the
newly purchased equipment which require maintenance and
repair to be performed by an authorized Caterpillar
dealer. Peterson Tractor Company is the only
authorized Caterpillar dealer serving the area - action
requested - APPROVE SOLE SOURCE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X14257)
3.28 * Waste Tire Products - approval is requested for an
agreement with Waste Tire Products for the collection
and servicing of electronic waste (cathode ray tubes)
at the Neal Road Landfill. Currently the waste is
being held at the Butte Regional Household Hazardous
Waste Facility. The term of the agreement is
July 15, 2003, through December 31, 2003, with a
maximum amount payable of $90,000 (Household Hazardous
Waste Accrual Funds/Neal Road Landfill Management
Fund) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14344)
PAGE 7 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 26, 2003
SHERIFF'S
OFFICE 3.29 * Federal Equitable Sharing Annual Certification Report -
approval is requested for the Annual Certification
Report to be submitted to the United States Department
of Justice and the United States Department of
Treasury. The report provides a summary of the
equitable sharing activities for Butte County for
fiscal year 2002-2003 - action requested - APPROVE
ANNUAL CERTIFICATION REPORT AND AUTHORIZE THE CHAIR AND
THE SHERIFF TO SIGN.
3.30 * Gary Bess and Associates - approval is requested for a
sole source agreement with Gary Bess and Associates for
the preparation of the required evaluation reports for
the Forensic Resource Team and Mentally I11 Offender
Crime Reduction grants. The term of the agreement is
July 1, 2003, through June 30, 2004, with a maximum
amount payable of $40,500 (department budget). Sole
source approval is requested to provide consistency
with the work done on the project for the last two
years, which was completed by Gary Bess and
Associates - action requested - APPROVE SOLE SOURCE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X14385))
TREASURER-
TAx COLLECTOR 3.31 * Monthly Investment Report - submitted is the Monthly
Investment Report dated July 31, 2003, in accordance
with the Statement of Investment Policy dated
July 1, 2003 - action requested - ACCEPT FOR
INFORMATION.
OTHER
DEPARTMENTS
AND AGENCIES 3.32 * Butte County Behavioral Health Board - approval is
requested by the Chair of the Butte County Behavioral
Health Board to appoint a youth member representative,
and to accept the automatic resignation, pursuant to
the Behavioral Heath Board's bylaws, of Janet Taylor,
Family Member Representative, based on lack of
attendance - action requested - APPOINT MOHSIN JAWED,
YOUTH MEMBER REPRESENTATIVE, TO A TERM TO END
DECEMBER 31, 2004; AND ACCEPT AUTOMATIC RESIGNATION OF
FAMILY MEMBER REPRESENTATIVE AS REQUESTED AND AUTHORIZE
THE BEHAVIORAL HEALTH BOARD TO RECOMMEND A REPLACEMENT
FOR APPOINTMENT .
PAGE 8 AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 26, 2003
3.33 * Superior Court of California, County of Butte -
Introduction of an Ordinance Repealing Section 1-18 of
the Butte County Code Regarding the Seal of the
Superior Court - approval is requested by the Superior
Court of California, County of Butte, for an ordinance
repealing Section 1-18 of the Butte County Code.
Section 1-18 established the Seal of the Butte County
Superior Court. Pursuant to Government Code Section
68076, on May 16, 2003, the Butte County Superior Court
Board of Judges adopted a new Seal for the Superior
Court of California, County of Butte. The Seal of the
Butte County Superior Court, as contained in Butte
County Code Section 1-18, is no longer applicable and
the Court has requested the County repeal that
section - action requested - WAIVE READING OF THE
ORDINANCE.
3.34 * Butte County Children and Families Commission -
approval is requested by the Butte County Children and
Families Commission to appoint two Alternate Members.
On June 24, 2003, the Board adopted Ordinance 3853,
which added two alternate members to the Commission's
Board. The Commission has submitted recommendations
for those appointments - action requested - APPOINT
JEFF FONTANA AND MARY NEWMAN, ALTERNATE MEMBERS, TO
TERMS TO END JULY 1, 2005.
4.00 REGULAR AGENDA
APPOINTMENTS 4.01 *
BUDGET AND
LEGISLATIVE
UPDATE 4.02
PRESENTATION
AND DISCUSSION
ITEMS 4.03 *
PAGE 9 AUGUST 26, 2003
Appointments to Boards, Commissions and Committees.
1. Appointments to Listed Vacancies.
Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
Report to the Board - Lake Oroville Relicensing -
update on the project, including Protection, Mitigation
and Enhancement measures - action requested - BOARD
DISCUSSION AND DIRECTION. (COUNTY COUNSEL)
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 26, 2003
4.04 * County Employee Precinct Officer Pilot Program -
consideration of a pilot program that would allow
County department heads and employees exempt from Fair
Labor Standards Act overtime provisions to volunteer to
serve as a Chief Inspector or Roving Inspector for the
October 7, 2003, Statewide Special Election - action
requested - AUTHORIZE DEVELOPMENT OF A COUNTY EMPLOYEE
PRECINCT OFFICER PILOT PROGRAM FOR THE OCTOBER 7, 2003,
STATEWIDE SPECIAL ELECTION; DIRECT DEPARTMENT HEADS TO
WORK WITH, AND ASSIST, THE COUNTY CLERK BY PROVIDING
TEMPORARY USE OF ANY RESOURCES OR SERVICES DURING THE
SPECIAL ELECTION TO REDUCE THE IMPACT TO THE COUNTY
GENERAL FUND AND INCREASE EFFICIENCY; AUTHORIZE THE
CHIEF ADMINISTRATIVE OFFICER TO REASSIGN COUNTY
PERSONNEL AS NECESSARY; AND DIRECT THE COUNTY CLERK TO
MAKE A REPORT TO THE BOARD ON THE EFFECTIVENESS OF THE
PILOT PROGRAM AFTER THE ELECTION IS COMPLETE. (COUNTY
CLERK-RECORDER/REGISTRAR OF VOTERS)
4.05 * Dissolution of County Service Areas - pursuant to the
Board's direction of July 8, 2003, consideration of
actions necessary to dissolve County Service Areas
(CSA) Nos. 83, 112, 132, 146, 154, 156 and 157, and to
retain County Service Area No. 148 - action requested:
1. OPEN ITEM FOR COMMENTS AND TO ACCEPT PROPERTY
OWNER OBJECTIONS TO THE DISSOLUTION OF COUNTY
SERVICE AREAS NOs . 83 , 112 , 132 , 14 6 , 154 , 156
AND 157;
2. IF A MAJORITY PROTEST DOES NOT EXIST, ADOPT A
RESOLUTION OF APPLICATION TO THE LOCAL AGENCY
FORMATION COMMISSION (LAFCo) REQUESTING
DISSOLUTION AND AUTHORIZE THE CHAIR TO SIGN;
3. APPROVE BUDGET TRANSFER B-001 (4/5 vote required)
TRANSFERRING THE REQUIRED $1,000 LAFCo
APPLICATION FEE FROM THE AVAILABLE FUND BALANCES
OF THE VARIOUS CSAs;
4. APPROVE APPLICATION TO LAFCo AND AUTHORIZE THE
CHAIR TO SIGN; AND
5. DIRECT PUBLIC WORKS TO COMMENCE PROPOSITION 218
PROCEEDINGS TO ESTABLISH A MAXIMUM PER PARCEL
SERVICE CHARGE IN THE AMOUNT OF $12.70 IN
CSA NO. 148. (PUBLIC WORKS)
PAGE to AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 26, 2003
4.06 * Report to the Board - Watershed Modeling - presentation
by Dr. M. L. Kawas, of the California Hydrologic
Research Laboratory, of preliminary findings regarding
the watershed modeling evaluation project - action
requested - ACCEPT FOR INFORMATION. (WATER AND
RESOURCE CONSERVATION)
4.07 Items Removed from the Consent Agenda for Board
Consideration and Action.
5.00 PUBLIC HEARINGS AND TIMED ITEMS
10:00 A.M. 5.01 * Presentation to the Board and Timed Recess -
presentation to the Board of the Butte County Library
Literacy Coach. The custom-built vehicle will travel
around the County providing literacy services to hard-
to-reach families with children under the age of five
who may not be accessing library and support services
because of language, income, or geographic barriers.
The Literacy Coach is the result of a grant sponsored
by the Butte County Children and Families
Commission/First 5, and collaborative partners
Grandparents as Parents and Home Health Care
Management - action requested - ACCEPT FOR INFORMATION;
AND RECESS TO VIEW THE LIBRARY LITERACY COACH.
10:15 A.M. 5.02 * Timed Item - Resolution of Necessity to Acquire Certain
Real Property or Interest in Real Property by Eminent
Domain - Various Land Owners - consideration of a
Resolution of Necessity to acquire property, as listed
in the agenda report, for right-of-way and easements
needed in support of the Oroville-Quincy Federal
Highway 119 Project. A Resolution of Necessity is a
required step to acquire the property by Eminent
Domain - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
10:25 A.M. 5.03 * Public Hearing - Resolution to Unname a Private Road -
the property owners served by Jessmindan Court, a
private road, have submitted a petition to remove the
name of Jessmindan Court from the road. The private
road serves as a driveway for the one home along the
road and the owners request the Board remove the name
to avoid mistaking the private drive for a public road.
On August 12, 2003, the Board adopted a resolution of
intention to remove the name - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (FROM
8-12-03 [3.49])
PAGE ll AUGUST 26, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 26, 2003
10:30 A.M. 5.04 * Continued 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:
1. SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE
STAFF REPORT DATED AUGUST 26, 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
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
(CONTINUED ON PAGE 13)
PAGE 12 AUGUST 26, 2003
5.04 3. SUBJECT TO FINDINGS III (A-I) AS DETAILED IN THE
(Cont.) STAFF REPORT DATED AUGUST 26, 2003, AND THE
CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A"
OF THE STAFF REPORT DATED AUGUST 26, 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 6-10-03 [5.03])
11:30 A.M. 5.05 * Public Hearing - Resolution Noticing Intent to Prepare
a Groundwater Management Plan Under Water Code Section
10750 et seq. , for Areas of Butte County Not Covered by
Another Groundwater Management Plan - consideration of
a resolution of intent to prepare a Groundwater
Management Plan pursuant to California Water Code
Section 10750 et seq., (also referred to as an AB3030
Plan) for the areas of the County not covered by
another Groundwater Management Plan. The proposed plan
is a component of the County' s Integrated Watershed and
Resource Conservation Plan - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT
THE DEPARTMENT OF WATER AND RESOURCE CONSERVATION TO
ACT AS LEAD FOR THE PROJECT ON BEHALF OF THE COUNTY.
(FROM 7-22-03 [4.04])
F) . OO PUBLIC COMMENT
Comments to the Board on issues and items not listed on
the agenda. Presentations will be limited to five
minutes. Please note that pursuant to California state
law, the Board of Supervisors is prohibited from taking
action on any item not listed on the agenda.
7.00 CLOSED SESSION
7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(c) ONE POTENTIAL CASE.
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a)
1. BERKHOUDT v. COUNTY OF BUTTE (BUTTE COUNTY
SUPERIOR COURT CASE NO. 126119);
2. NATIONAL ALLIANCE v. CITY OF OROVILLE (UNITED
STATES DISTRICT COURT EASTERN DISTRICT CASE NO.
CIV-S-03-1087 DFL GGH);
3. COUNTY OF BUTTE AND BUTTE COUNTY MANAGEMENT
EMPLOYEES ASSOCIATION (CASE NO. ARB-02-1015).
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, a-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 of the agenda identifies those items that will be discussed during the
closed session.
Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law,
to allow members of the public the opportunity to comment on all matters before the Board. Public
participation is limited to matters within the subject matter jurisdiction of the Board pursuant to
Government Code Section 54954.3. The Board has adopted policy and procedures to facilitate the
meeting process and conduct. A complete listing of these policies and procedures can be found in the
printed booklet agenda, obtained at the County Administrative Office, or viewed at the Clerk of the
Board website.
The Board of Supervisors is also committed to making its proceedings accessible to all citizens.
Individuals with special needs should call the Clerk of the Board at 530-538-7631, 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