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September 10, 2002
BOARD OF SUPERVISORS
R.J. "BOB" BEELER,1ST DISTRICT
JANE DOLAN, 2ND DISTRICT
MARY ANNE HOUX, 3RD DISTRICT
CURT JOSIASSEN, 4T" DISTRICT
KIM YAMAGUCHI, 5T" DISTRICT
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 - Reverend Stephen Terry, Oroville Rescue Mission,
Oroville.
2.02 Moment of Silence - observation of a moment of silence to
honor those whose lives were lost in the terrorist attacks of
September 11, 2001.
3.00 Consent Agenda
Minutes 3.01 * Approval of Minutes - action requested - APPROVE MINUTES OF
MAY 7, 2002, AND MAY 21, 2002.
Budget 3.02 * Budget Transfers - action requested - APPROVE BUDGET TRANSFERS
Transfers B-029 (DEVELOPMENT SERVICES); B-026 (CHILD SUPPORT SERVICES);
B-031 (SHERIFF-CORONER); AND B-030 (EMERGENCY
SERVICES/APPROPRIATION FOR CONTINGENCIES). (All budget
transfers listed above, with the exception of B-026, require
a 4/5 vote.)
Appoint- 3.03 * Butte County Library Advisory Board - action requested -
ments APPOINT NORMAN L. COLE, JERRY SHELTON, RUTHMARIE A. FERRIS,
DORIS LITHGOW, FRED DAVIS, JAN PLIMPTON, RUTH E. MOYER,
ELIZABETH M. MCDONOUGH, LINDA LEAHY, AND DAVID E. CONRAD.
3.04 * Private Industry Council - action requested - REAPPOINT PAUL
HENDRICKS, CHICO BUSINESS REPRESENTATIVE, TO A TERM TO END
JUNE 2005.
Time Item No.
3.05 Butte County Treasury Oversight Committee - pursuant to
Resolution 96-43, and Government Code Section 27131 the
Treasurer has nominated, and is requesting the Board confirm,
the appointment of Susan Stutznegger, Butte County Office of
Education Representative, David A. Houser, County Auditor-
Controller, Mary Anne Houx, Board of Supervisor's
Representative, Gerald Phillips, Butte County Special District
Representative, and Robert Purvis, Butte County School
District Representative, to the Butte County Treasury
Oversight Committee - action requested - CONFIRM APPOINTMENTS.
3.06 * Paradise Memorial Hall Committee - action requested - APPOINT
JOSEPH FRANK, REPRESENTATIVE, AND LOUIS KESTHELY, ALTERNATE,
DISABLED AMERICAN VETERANS, PARADISE CHAPTER 106, TO TERMS TO
END JUNE 30, 2003.
Fixed 3.07 * Purchase of Real Property - Board approval is requested by the
Assets and Fire Department to purchase land located at 3514 Hicks Lane,
Facilities Chico. The land will be utilized as the North Chico Fire
Station's new location. The property is owned by Lorraine M.
Paisley, and the proposed purchase price is $360,000. Notice
of intent to purchase has been published pursuant to
Government Code Section 25350 - action requested - APPROVE
PURCHASE AND AUTHORIZE THE CHAIR TO SIGN PURCHASE AGREEMENT.
3.08 * Transfer of Funds and Purchase of Fixed Asset - Board approval
is requested by the Fire Department to transfer $39,500 in
Secure Rural Schools and Community Self-Determination Act of
2000 funds within the department's budget to provide for
payment of project expenses, and to fund the purchase of a
low-powered radio station (in an amount not to exceed
$30,000) - action requested - APPROVE BUDGET TRANSFER B-028;
AND APPROVE FIXED ASSET PURCHASE OF LOW-POWERED RADIO STATION
IN AN AMOUNT NOT TO EXCEED $30,000.
3.09 * Award of Proposal - Convenience Copiers - proposals have been
received to provide digital convenience copiers throughout
Butte County buildings. The lowest proposal meeting
specifications was submitted by western Business Products.
The term of the proposed agreement is September 1, 2002,
through August 31, 2007. The cost of the copiers and copies
will be charged to each department according to use and
equipment included with each department's machine - action
requested - AWARD AGREEMENT TO WESTERN BUSINESS PRODUCTS AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
Page 2 September 10, 2002
Time Item No.
3.10 * Award of Proposal - Architectural Services - Evidence Storage
Facility - proposals have been received for architectural
design services for construction of an evidence storage
facility for the Sheriff's Office. The source selection
committee evaluated the proposals and is recommending the
Board award an agreement to Rhetta Associates for
architectural programming, master planning and schematic
design services in the amount of $26,330 (encumbered fiscal
year 2001-2002 Capital Projects funds). In order to provide
for continuity, the agreement includes an option to allow the
County to proceed with the firm through completion of design
development, construction and bid documents, and construction
administration services for an additional $69,710, should
additional funding become available - action requested -
APPROVE AWARD OF AGREEMENT TO RHETTA ASSOCIATES AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
Audit and 3.11 * Reissue Time Expired Check - Board approval is requested by
Finance the Administrative Office, on behalf of Shawn Parrish and
Sharlene Mackey, to reissue time expired check number 1000-
078198, in the amount of $84.04, dated May 28, 1999. The
Auditor's Office has verified that the check has not been
paid, and the original check is in the possession of the
County - action requested - DIRECT THE AUDITOR-CONTROLLER TO
REISSUE TIME EXPIRED CHECK NUMBER 1000-078198.
3.12 * Relief of Accountability - Board approval is requested by the
District Attorney, on behalf of the Butte Interagency
Narcotics Task Force (BINTF) Board of Directors, to grant a
relief of accountability to BINTF in the amount of $91,500 for
funds not realized in fiscal years 1993-1994 ($30,000) and
1997-1998 ($61,500) - action requested - GRANT RELIEF OF
ACCOUNTABILITY TO BINTF IN THE AMOUNT OF $91,500.
3.13 * Reauthorization of Federal Forest Reserve Payments - Board
approval is requested to reauthorize the allocation of Federal
Forest Reserve Payment to Butte County Fire for
administration. Recommendations for expenditure of the funds
are made by the Fire Safe Council. The Board has previously
authorized payments under Title III of the program, and
authorization is requested to continue that allocation -
action requested - AUTHORIZE FEDERAL FOREST RESERVE PAYMENTS
UNDER TITLE III, ALLOCATING THOSE FUNDS TO BUTTE COUNTY FIRE,
WITH RECOMMENDATIONS ON SPECIFIC EXPENDITURES TO BE MADE BY
THE FIRE SAFE COUNCIL.
3.14 * Monthly Investment Report - the Treasurer-Tax Collector
submits the July 31, 2002, report in accordance with the Butte
County Statement of Investment Policy dated July 1, 2002 -
action requested - ACCEPT FOR INFORMATION.
Page 3 September 10, 2002
Time Item No.
3.15 * County Service Areas - Preliminary Final Budget Adjusting
Entries - Board approval is requested by the Auditor-
Controller for the fiscal year 2002-2003 final County Service
Area budget adjustments as recommended by the Public works
Department, and technical corrections and adjustments
identified by the Auditor's Office - action requested -
APPROVE BUDGET TRANSFER B-032, MAKING THE COUNTY SERVICE AREA
PRELIMINARY FINAL BUDGET ADJUSTMENTS.
Ordinances 3.16 Adoption of an Ordinance - Board approval is requested by
and the Administrative Office for an ordinance amending Ordinance
Resolutions No. 3825, approving the Gridley Redevelopment Plan and
adopting Findings and Statement of Facts and Overriding
Considerations related to the Environmental Impact Report.
The proposed amendment removes the requirement for filing the
Notice of Determination by the County. The Notice of
Determination is filed by the Lead Agency, which is the City
of Gridley - action requested - ADOPT ORDINANCE AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 8-27-02 [3.13])
3.17 Adoption of a Salary Ordinance Amendment - the Department of
Human Resources has prepared a salary ordinance amendment
which reflects changes contained in the fiscal year 2002-2003
final budget as follows: TREASURER-TAX COLLECTOR - adds one
flexibly staffed position of Office Assistant III/II/I.
DISTRICT ATTORNEY-CRIMINAL - adds three flexibly staffed
positions of Office Assistant III/II/I. PROBATION - deletes
one flexibly staffed position of Probation Officer III/II/I
and one half-time position of Probation Technician.
DEVELOPMENT SERVICES-BUILDING INSPECTION - adds one position
of Code Enforcement Officer and one flexibly staffed position
of Office Assistant III/II/I. COUNTY CLERK-RECORDER - adds
one position of Senior Account Clerk. BEHAVIORAL HEALTH-
GENERAL SERVICES - deletes one flexibly staffed position of
Staff Nurse III/II/I and one flexibly staffed position of
Office Assistant II/I. Adds two flexibly staffed positions of
Mental Health Clinician II/I. BEHAVIORAL HEALTH-SUBSTANCE
ABUSE SERVICES - adds two flexibly staffed positions of Senior
Mental Health Counselor/Mental Health Counselor/Mental Health
worker. CHILD SUPPORT SERVICES - adds two flexibly staffed
positions of Administrative Analyst III/II/I. LIBRARY -
extends the ending date of three sunset positions of Library
Assistant I to September 30, 2003 - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. ( FROM 8 - 2 7 - 0 2
[3.14] )
Page 4 September 10, 2002
Time Item No.
Roads 3.18 * Resolution Regarding the Finding of No Significant Impact as
a Result of the Oroville-Quincy Highway Project (CA PFH 119-
2(3) and 119-2(4)) - Board approval is requested by the Public
works Department for a resolution regarding the Finding of No
Significant Impact in support of the proposed reconstruction
and improvement of 8.6 miles of Oroville-Quincy Highway from
Lake Madrone to 1.1 miles north of Mountain House - action
requested - FIND THAT THE ENVIRONMENTAL ASSESSMENT, FINDING OF
NO SIGNIFICANT IMPACT, PREPARED AND ADOPTED BY THE FEDERAL
HIGHWAY ADMINISTRATION SATISFIES BOTH SUBSTANTIVE AND
PROCEDURAL REQUIREMENTS FOR ENVIRONMENTAL REVIEW UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT; FIND THAT THE PROJECT
IS A FEDERAL PROJECT AND NOT SUBJECT TO THE FEE REQUIREMENTS
OF THE CALIFORNIA DEPARTMENT OF FISH AND GAME; AND ADOPT A
RESOLUTION REGARDING THE FINDING OF NO SIGNIFICANT IMPACT AND
AUTHORIZE THE CHAIR TO SIGN.
3.19 * Highway 149 Project - Letters of Support - the Administrative
Office, at the request of the Butte County Association of
Governments, is requesting the Board ratify letters which were
sent to the United States Environmental Protection Agency and
the Army Corps of Engineers on August 27, 2002, encouraging
rapid review and approval of the Highway 149 project - action
requested - RATIFY LETTERS.
3.20 * Resolution Supporting Advance Acquisition for State
Highway 149 - Board approval is requested by the Butte County
Association of Governments for a resolution of support to
CalTrans District 3, for the acquisition of right-of-way for
utility relocation in support of the Highway 149 widening
project - action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN.
Agreements 3.21 * Rolls, Anderson & Rolls Civil Engineering - Amendment - Board
and approval is requested by the Administrative Office for an
Grants amendment to the agreement with Rolls, Anderson & Rolls Civil
Engineering for the provision of engineering studies for areas
south of the Lindo Channel and preparation of information to
support the County's financial loan application for the Chico
Urban Area Nitrate Compliance Plan. The amendment provides
for the inclusion of the firm's new rate schedule (maximum
amount payable remains the same), and extends the term of the
agreement through June 31, 2003. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X10803)
Page 5 September 10, 2002
Time Item No.
3.22 * NorthStar Engineering - Amendment - Board approval is
requested by the Administrative Office for 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
Plan. The amendment provides for the inclusion of the firm's
new rate schedule (maximum amount payable remains the same),
and extends the term of the agreement through June 31, 2003.
All other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X10804)
3.23 * State of California-Department of Alcohol and Drug Programs -
Amendment - Board approval is requested by the Butte County
Department of Behavioral Health for an amendment to the
revenue agreement with the State of California-Department of
Alcohol and Drug Programs for funds to support the County's
drug and alcohol programs. The amendment increases the
maximum amount payable to the County for fiscal year 2001-2002
by $202,826 as a result of a revised allocation. 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; AND ADOPT RESOLUTION APPROVING AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40320)
3.24 * State of California-Department of Mental Health - Performance
Contract - Board approval is requested by the Butte County
Department of Behavioral Health for an agreement with the
State Department of Mental Health for the provision of
professional and inpatient services to the acutely mentally
ill, including mentally ill persons who require health care
services. The term of the agreement is July 1, 2002, through
June 30, 2003. There is no cost to the County for this
mandated performance contract - action requested - ADOPT
RESOLUTION APPROVING AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
3.25 * Victor Community Support Services, Inc. - Board approval is
requested by the Butte County Department of Behavioral Health
for an agreement with Victor Community Support Services, Inc.,
for the provision of therapeutic behavioral services to
children with full-scope Medi-Cal benefits who meet the
criteria of medical necessity. The term of the agreement is
July 1, 2002, through June 30, 2003, with a maximum amount
payable of $25,000 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 6 September 10, 2002
Time Item No.
3.26 * Federal McKinney Projects for Assistance in Transition from
Homelessness (PATH) Grant Application for State Fiscal Year
2002-2003 - Board approval is requested by the Butte County
Department of Behavioral Health to apply to the State of
California-Department of Mental Health for continued grant
funding under the Federal McKinney Projects for Assistance in
Transition from Homelessness (PATH) Grant. The grant will
provide $31,207 for the term of July 1, 2002, through
June 30, 2003. The department's budget includes $27,464 for
this grant, and Board approval is also requested for a budget
transfer to accept and appropriate the additional $3, 743 to be
received - action requested - ADOPT RESOLUTION APPROVING GRANT
APPLICATION AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE
BUDGET TRANSFER B-025 (4/5 vote required) ACCEPTING AND
APPROPRIATING ADDITIONAL GRANT REVENUE.
3.27 * Right Road Recovery Programs, Inc. - Amendment - Board
approval is requested by the Butte County Department of
Behavioral Health for an amendment to the agreement with Right
Road Recovery Programs, Inc., for the provision of Outpatient
Drug-Free Individual Counseling and short-term residential
treatment services. The amendment revises the service summary
to include nursery services for perinatal clients. 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. (Contract No. X13719)
3.28 * Mediation Center of the North Valley - Board approval is
requested by County Counsel for an agreement with the
Mediation Center of the North Valley for the provision of
dispute resolution services. The term of the agreement is
July 1, 2002, through June 30, 2003, with a maximum amount
payable of $20,000. Funding for the agreement is provided by
a $3 portion of municipal and superior court filing fees
designated as grant funds for dispute resolution programs.
Board approval is also requested to appoint Andrea Nelson as
Butte County's Dispute Resolution Coordinator - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER; AND APPOINT
ANDREA NELSON AS THE COUNTY'S DISPUTE RESOLUTION COORDINATOR.
3.29 * Applied Testing Consultants, Inc. - Amendment - Board approval
is requested by the General Services Director for an amendment
to the agreement with Applied Testing Consultants, Inc., for
the provision of inspection and testing services for the
juvenile hall construction project. The amendment increases
the maximum amount payable by $20,326 (project contingency
fund) as a result of work requiring greater on-site attendance
by the inspectors. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X12061)
Page 7 September 10, 2002
Time Item No.
3.30 * William "Mike" Pyeatt - Amendment - Board approval is
requested by the General Services Director for an amendment to
the agreement with William "Mike" Pyeatt for the provision of
construction project administration services for the Juvenile
Hall project. The amendment extends the term of the agreement
to January 30, 2003, which is the revised construction
completion date, and increases the maximum amount payable by
$17,000 (project contingency fund). All other terms and
provisions remain the same. Pursuant to County policy, the
Board is notified that Mr. Pyeatt separated from County
employment in December 2001 - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13345)
3.31 * State of California-Board of Corrections - Amendment - Board
approval is requested by the General Services Director for an
amendment to the revenue agreement with the State of
California-Board of Corrections for funds to construct the new
Butte County Juvenile Hall. The amendment extends the term of
the agreement to January 30, 2003. 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. (Contract No. R40313)
3.32 * Medispose - Board approval is requested by the Probation
Department for three agreements with Medispose for the
provision of disposal services for the biomedical wastes
generated by substance abuse testing. Each agreement covers
a specific location as follows: 1) 6555 Oleander Avenue,
Chico - the term of the agreement is August 17, 2001, through
August 16, 2006, with a maximum amount payable of $4,409.60
(Contract No. X13192); 2) 51 County Center Drive, Oroville -
term of the agreement is July 16, 2002, through July 15, 2007,
with a maximum amount payable of $2,070 (Contract No. X13747);
and, 3) 2270 Del Oro Avenue, Oroville - term of the agreement
is August 13, 2002, through August 12, 2007, with a maximum
amount payable of $4,409.60 (Contract No. X13789). Funding
for the agreements is provided by the department's budget -
action requested - APPROVE AGREEMENTS (3) AND AUTHORIZE THE
CHAIR TO SIGN
3.33 * Health Management Systems, Inc. - Board approval is requested
by the Public Health Department for an agreement with Health
Management Systems, Inc., for the provision of computerized
billing services for claims generated from the Medical Therapy
Unit of the California Children's Services program. The term
of the agreement is July 1, 2002, through June 30, 2004, with
a maximum amount payable of $30,000 per fiscal year
(department budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13724)
Page 8 September 10, 2002
Time Item No.
3.34 * California State Association of Counties - Amendment - Board
approval is requested by the Public Health Department, as host
entity for the Medi-Cal Administration Activities/Targeted
Case Management Consortium of Counties, for an amendment to
the agreement with the California State Association of
Counties for the provision of communication systems, support
services, and meeting rooms for the consortium. The amendment
increases the maximum amount payable for fiscal year 2002-2003
by $1,000. Funding of the agreement is distributed to all
counties in the consortium. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X13123)
3.35 * A/C Industrial Services Corporation - Amendment - Board
approval is requested by the Public works Department for an
amendment to the agreement with A/C Industrial Services
Corporation for the pumping and transportation of liquids from
the Neal Road Landfill leachate containment pond and septage
containment pond number 2. The amendment provides for the
pumping and transportation of an addition 2 million gallons of
leachate. The maximum amount payable for the additional
pumping is not to exceed $42,690 (Neal Road Landfill
Management Fund) - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X13283)
3.36 * Public Risk Database Project-Data Exchange - Data Supplier
Agreement - Board approval is requested by the Risk Manager
for an agreement with Public Risk Database Project (PRDR) to
become a Data Exchange Data Supplier. Under the terms of the
agreement the County will provide loss experience data to
PRDR. That loss information will then be utilized by PRDR,
the California Association of Joint Powers Authorities, and
the Public Agency Risk Management Association to create an on-
line database of comparative information. There term of the
agreement is from date of signature until terminated by either
party, and there are no costs associated with the agreement -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN.
Miscel- 3.37 * Library Annual Report - the Director of Libraries submits a
laneous copy of the annual report to be submitted to the California
State Library for fiscal year 2001-2002 - action requested -
ACCEPT FOR INFORMATION.
Page 9 September 10, 2002
Time Item No.
3.38 * Appointed Department Heads Evaluation Procedures and Form -
Board approval is requested by the Chief Administrative
Officer for revised Annual Performance Review Procedures for
Appointed Department Heads as part of the pay for performance
compensation policy. The revised form provides a more
detailed assessment of job performance and expectations, and
ties the evaluations to specific performance criteria and
goals - action requested - APPROVE CHANGE IN APPOINTED
DEPARTMENT HEADS EVALUATION PROCEDURES AND FORM, EFFECTIVE
IMMEDIATELY.
3.39 * AT&T Broadband - Notice of Pricing/Programming/Packaging
Changes - notice has been received by AT&T Broadband of
pricing, programming and package changes for customers in the
County of Butte effective September 23, 2002 - action
requested - ACCEPT FOR INFORMATION.
4.00 Regular Agenda
4.01 Appointments - Boards, Commissions, and Committees.
* 1. Appointments to listed vacancies.
4.02 Update on legislative and budget activities. (CHIEF
ADMINISTRATIVE OFFICER)
* 1. State Budget Update.
4.03 Presentation of International City/County Management
Association's Credentialed Manager Award to Paul McIntosh,
Chief Administrative Officer.
4.04 * Habitat Conservation Plan/2018 work Plan - the Butte County
Association of Governments submits a Habitat Conservation
Plan/2018 work Plan for the County of Butte and the City of
Oroville in support of the State Route (SR) 70 and SR 149
construction projects - action requested - RECEIVE HABITAT
CONSERVATION PLAN/2018 WORK PLAN AND PLANNING AREA MAP;
APPOINT A BOARD MEMBER OR MEMBERS TO PARTICIPATE IN THE
HABITAT CONSERVATION PLAN-2018 WORK PLAN DEVELOPMENT, IN
ADDITION TO APPROPRIATE STAFF; AND PROVIDE STAFF DIRECTION AS
NEEDED. (BUTTE COUNTY ASSOCIATION OF GOVERNMENTS)
Page 10 September 10, 2002
Time Item No.
4.05 California Public Employees Retirement System (CalPERS) -
Amendment to Retirement Benefits - adoption of an ordinance
which will amend the County's agreement with CalPERS regarding
retirement benefit calculations. The proposed amendment would
provide to the Miscellaneous Coverage Group the following
benefits: Government Code Section 21548 (Pre-Retirement
Optional Settlement 2 Death Benefit for local member), and
Government Code Section 21623.5 ($2,000 Retired Death
Benefit). On August 13, 2002, the Board adopted a Resolution
of Intention to amend the contract, and pursuant to Government
Code Section 7507, the Auditor-Controller's Office submitted
a disclosure of costs report - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-13-02
[4.04]/HUMAN RESOURCES)
4.06 Supervisorial Redistricting - on August 27, 2002, the Board
conducted a public hearing and adopted a redistricting plan.
Proposed is enactment of an ordinance redistricting the Butte
County supervisorial districts - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-27-02
[5.01] )
4.07 * Butte County Fiscal Year 2002-2003 Final Budget - action
requested - ADOPT RESOLUTION APPROVING FINAL BUDGET FOR FISCAL
YEAR 2002-2003 AND AUTHORIZE THE CHAIR TO SIGN. (CHIEF
ADMINISTRATIVE OFFICER AND AUDITOR-CONTROLLER [FROM 8-27-02/
5.05])
4.08 * Draft Response to the 2001-2002 Grand Jury Final Report -
pursuant to Penal Code Sections 933 and 933.5, the
Administrative Office submits the Board of Supervisors' draft
response to the findings and recommendations contained in the
Butte County Grand Jury's Final Report for Fiscal Year 2001-
2002 - REVIEW DRAFT RESPONSES AND PROVIDE STAFF WITH COMMENTS
AND DIRECTIONS AS NEEDED. (CHIEF ADMINISTRATIVE OFFICER)
4.09 * County Service Area 82 (Stirling City Sewer) - Request for
Loan - consideration of a loan from the County Service Area
Revolving Loan Fund to County Service Area 82 (Stirling City
Sewer) in the amount of $19,000 to cover project related
expenses associated with the replacement of the redwood septic
tank in Stirling City. The loan will be repaid over a 10-year
period - action requested - ADOPT RESOLUTION APPROVING LOAN
AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER
B-027 (4/5 vote required) ACCEPTING AND APPROPRIATING LOAN
REVENUE. (PUBLIC WORKS)
Page 11 September 10, 2002
Time Item No.
4.10 Items removed from the Consent Agenda for Board consideration
and action.
5.00 Public Hearing and Timed Items
10:25 A.m. 5.01 * Public Hearing - Grant Application - consideration of an
application for funding under the Economic Development
Allocation's California Community Economic Enterprise Fund
Component and, if awarded, implementation of the following
projects:
1. Microenterprise Incubation Program ($120,000) - this
program will allow qualifying microenterprises of 5 or
fewer employees to receive in-depth business counseling,
training, and mentoring in order to foster business
start-ups, retention, and expansion within the
unincorporated area of Butte County; and
2. Business Assistance Loan Program ($125,000) - this
program will provide low interest loans with flexible
terms to qualifying businesses located within the
unincorporated area of Butte County. The purpose of the
loan program will be to assist with business start-ups,
retention, and expansion.
The County may apply for up to a maximum of $800,000 in
Community Development Block Grant (CDBG) funds in fiscal year
2002-2003. The total amount of the grant application
including the two project elements, administration and
activity delivery is $290,875. The project/projects will meet
one of the three national objectives of the CDBG program:
benefit low and moderate income persons, aid in the prevention
or elimination of slums and blight, and meet other community
development needs having a particular urgency - action
requested - ADOPT RESOLUTION APPROVING GRANT APPLICATION AND
AUTHORIZING GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN;
AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN
DOCUMENTS RELATED TO THE GRANT.
Page 12 September 10, 2002
Time Item No.
10:30 A.m. 5.02
Public Hearing - Use Permit Appeal - Jose Luis Vega -
consideration of an appeal of the Planning Commission's denial
of a Use Permit to allow the establishment and operation of a
wood processing business. The business would involve the
recycling of wood, producing wood surveyor's stakes, wood cut
stock, and in the future, making honey bee boxes out of pine.
The applicant anticipates three full-time employees. An
equipment building is developed on the site, which is the only
structural improvement. A portable toilet is used on-site
currently and no water service is available, but the site will
be improved with a septic system and well water service. A
permit was issued on April 4, 2002, by the Butte County
Environmental Health Department, to construct a well for water
service on-site. The existing 2,800 square foot building
would be used and no new structures are anticipated. A 100
kilowatt diesel generator would provide power. 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 located approximately
500 feet north of Cox Lane on the west side of Lone Tree Road,
Palermo, and identified as APN 025-170-055 (RC [UP 02-11]) -
STAFF RECOMMENDS THE BOARD TAKE ONE OF THE FOLLOWING TWO
ACTIONS:
1. DENY APPEAL 02-10 AND DENY USE PERMIT 02-11; OR
2. CONTINUE APPEAL 02-10, TO A TIME UNCERTAIN, TO ALLOW THE
TIME NECESSARY TO COMPLETE A NOISE STUDY AND REVISE AND
REPUBLISH THE PROPOSED MITIGATED NEGATIVE DECLARATION.
IN ADDITION, INCLUDE CONDITIONS ON THE USE PERMIT
REQUIRING THE APPLICANT TO: 1) PROVIDE ELECTRICAL
SERVICE TO THE WOOD SAWS; 2) ELIMINATE THE USE OF A
DIESEL-POWERED GENERATOR; AND 3) REVISE THE HOURS OF
OPERATION TO ALLOW FOR ONLY THREE HOURS OF OPERATING
TIME PER WEEKDAY.
Page 13
September 10, 2002
Time Item No.
10:45 A.m. 5.03
Public Hearing - Butte County Transit Fees - consideration of
fare increases for Butte County Transit. The fares charged on
Butte County Transit have not increased since 1986. The
proposed increases are:
Intercity:
Commuter Time
Off-peak Time
Intracity:
Regular Fare
Discount Fare
Monthly Pass
Discount Monthly Pass
Current Rate Proposed Rate
$ 0.90 $ 1.00
$ 0.70 $ 1.00
$ 0.60 $ 0.75
$ 0.45 $ 0.55
$ 27.00 $ 30.00
$ 15.00 $ 18.00
The proposed fare increases would become effective
October 1, 2002 - action requested - ADOPT NEW FARE STRUCTURE
FOR BUTTE COUNTY TRANSIT. (FROM 8-13-02 [4.06])
11:00 A.m. 5.04 * Public Hearing - Ellen V. Henn - General Plan Amendment and
Rezone - consideration of a general plan amendment and rezone
of the back portion of the subject property (3.97 acres in
size), to match the general plan designation and zoning of the
street side portion of the subject project (0.875 acres in
size). The current zoning on the back portion of the property
is Residential ®-3) and the current general plan designation
is Medium Density Residential. The proposed zoning is C-2
(General Commercial) and the proposed general plan designation
is Commercial. These changes are being requested to
accommodate development of a 67,500 square foot mini-storage
facility, to include 503 individual storage units to be
developed in 4 phases. The storage space would be leased on
a daily, weekly, or monthly basis to individuals for storage
of personal property. The proposed rezone would be
specifically limited to the proposed mini-storage facility
through a Conditional Zoning Agreement. This agreement would
set-forth the conditions and mitigations imposed by the County
to ensure that the property is developed in accordance with
the proposal. 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 located at 1704 Oroville Dam Boulevard west, Oroville area,
and identified as APN 030-200-026 (portion) (DB [GPA-RZ 02-
02]) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF
REPORT DATED SEPTEMBER 10, 2002, ADOPT A MITIGATED
NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS;
(Continued on Page 15)
Page 14 September 10, 2002
Time Item No.
5.04 2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
(Cont.) 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 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;
3. FIND THAT THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE
PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT
CODE SECTION 65358; AND
4. SUBJECT TO FINDINGS IV(A-H) AS DETAILED IN THE STAFF
REPORT DATED SEPTEMBER 10, 2002, ADOPT AN ORDINANCE AND
A RESOLUTION WHICH WILL APPROVE A REZONE FROM R-3
(RESIDENTIAL) TO C-2 (GENERAL COMMERCIAL), AND AMEND THE
GENERAL PLAN DESIGNATION FROM MEDIUM DENSITY RESIDENTIAL
TO COMMERCIAL, THE SUBJECT PROPERTY, IDENTIFIED AS A
3.97 (+/-) ACRE PORTION OF APN 030-200-026, SUBJECT TO
THE CONDITIONAL ZONING AGREEMENT ATTACHED TO THE ZONING
ORDINANCE AS EXHIBIT "A", AS DETAILED IN THE STAFF
REPORT DATED SEPTEMBER 10, 2002.
Page 15 September 10, 2002
Time Item No.
11:00 A.m. 5.05
Public Hearing - Department of Development Services (Neal Road
Landfill) Rezone - consideration of a rezone of 69 ± acres
from U (Unclassified) to P-Q (Public, Quasi-Public) in order
to allow for the expansion of the Neal Road Landfill. The
area to be rezoned is a portion of APN 040-600-082, which is
188.84 ± acres in size, and owned by Butte County. A 120±
acre portion of this property is developed with the Neal Road
Landfill and is zoned P-Q. Upon approval of this rezone
project, all of APN 040-600-082 would be zoned P-Q. An
Environmental Impact Report (EIR) was certified by the Board
of Supervisors on February 12, 2002, to allow the expansion of
the Neal Road Landfill. The expansion would allow the
landfill to increase capacity and continue to accept waste
until approximately 2034. The EIR identified potentially
significant impacts to the environment and required mitigation
measures to prevent or reduce these impacts to a less than
significant level. The Certified EIR is available for review
at the Butte County Public works Department. All of the
mitigation measures contained within the EIR would be
implemented and monitored by the Butte County Public works
Department. The project site is located on the west side of
the Neal Road Landfill (1023 Neal Road), south of Chico (SB
[REZ 02-03]) - action requested - THE PLANNING COMMISSION
RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF
REPORT DATED SEPTEMBER 10, 2002, APPROVE A NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS;
2. FIND THAT THE PROPOSED REZONE 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
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-F) AS DETAILED IN THE STAFF
REPORT DATED SEPTEMBER 10, 2002, ADOPT AN ORDINANCE
REZONING FROM U (UNCLASSIFIED) TO P-Q (PUBLIC -
QUASI-PUBLIC) THE PROPERTY OWNED BY BUTTE COUNTY AND
IDENTIFIED AS A 64.3 (+/-) ACRE PORTION OF APN 040-600-
082, AND AUTHORIZE THE CHAIR TO SIGN.
Page 16 September 10, 2002
Time Item No.
1:30 P.m. 5.06
Public Hearing - Webb Homes/Richard and Janice Fiore Trust -
Mitigated Negative Declaration and Tentative Subdivision Map -
consideration of an appeal of the Development Review
Committee's approval of a Mitigated Negative Declaration and
Tentative Subdivision Map to divide two parcels totaling 4.92
acres into 16 parcels ranging in size from 8,346 to 12,350
square feet (0.19 - 0.28 acres) with an average lot size of
10,106 square feet. The project will result in a gross
density of 3.25 dwelling units per acre. An interior cul-de-
sac road would provide access to west 12t'' Avenue. Parcel 1
would front on west 12t'' Avenue and Parcel 16 would front on
west llt'' Avenue. Sewage disposal for the future dwellings
would be handled by the City of Chico's public sewer system
(note: the applicant has a valid sewer connection agreement
with the City of Chico and annexation into the City is not
required in order to connect to the City's sewer system).
Domestic water supply would be obtained from the California
water Service Company. Drainage is proposed to be handled by
an underground storm sewer system. 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 between west llt'' Avenue and west 12t'' Avenue,
approximately 200 feet east of Fern Avenue in Chico, and
identified as APN 043-040-080 and 043-040-097 (DB [TSM 00-
01]) - action requested - STAFF RECOMMENDS THE BOARD CONTINUE
THE HEARING TO ALLOW FOR ADDITIONAL INFORMATION TO BE PROVIDED
TO THE BOARD.
6.00 Public Comment
COMMENTS REGARDING ITEMS NOT LISTED ON THE AGENDA.
PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF
SUPERVISORS IS PROHIBITED FROM TAKING ACTION ON ANY ITEM NOT
LISTED ON THE AGENDA.
Page 17 September 10, 2002
Time Item No.
7.00 Closed Session
7.01 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
AGENCY REPRESENTATIVES: JEANNE GRAVETTE AND WILLIAM AVERY;
EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES ASSOCIATION
(GENERAL UNIT); BUTTE COUNTY MANAGEMENT EMPLOYEES ASSOCIATION
(MANAGEMENT AND SUPERVISORY UNIT); DEPUTY SHERIFF'S
ASSOCIATION (GENERAL UNIT); DEPUTY SHERIFF'S ASSOCIATION
(MANAGEMENT AND SUPERVISORY UNIT); BUTTE COUNTY CORRECTIONAL
OFFICERS' ASSOCIATION (GENERAL UNIT); BUTTE COUNTY
CORRECTIONAL OFFICERS' ASSOCIATION (MANAGEMENT AND SUPERVISORY
UNIT); PROFESSIONAL EMPLOYEES UNIT; SOCIAL SERVICES WORKERS
UNIT; AND PROBATION PEACE OFFICERS' ASSOCIATION.
7.02 PUBLIC EMPLOYEE PERFORMANCE EVALUATION, INCLUDING GOALS,
PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF
ADMINISTRATIVE OFFICER.
8.00 Adjournment
THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING
WILL ADJOURN IN THE MEMORY OF ALL THOSE WHOSE LIVES WERE LOST
IN THE TRAGIC TERRORIST ATTACKS OF SEPTEMBER 11, 2001.
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 in 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 for special accommodations must be made 48 hours
prior to the meeting.
Page 18 September 10, 2002