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October 8. 2002
Time Item No.
9:00 A.M. 1.00
2.00
2.01
2.02
3.00
Budget 3.01
Transfers
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
Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Pledge of Allegiance to the Flag of the United States of
America.
Invocation - Pastor Michael T., Jordan Crossing Ministries,
Palermo.
Changes and/or corrections to the agenda.
Consent Agenda
Budget Transfers - action requested - APPROVE BUDGET TRANSFER
B-068 (SHERIFF/BEHAVIORAL HEALTH).
Donations 3.02 Library Donations - pursuant to Government Code Section 25355,
a donation of $815 from the Gridley Friends of the Library has
been received for the Butte County Trust Fund for the purchase
of books - action requested - ACCEPT DONATION AND AUTHORIZE A
LETTER OF APPRECIATION.
Setting of 3.03 * Resolution of Intent to Abandon a Portion of Crown Point
Public Road - Board approval is requested by the Public Works
Hearings Department, on behalf of Hollis R. Elliott, for a resolution
of intent to abandon the northerly portion of Crown Point
Road, northeast of State Highway 32, in the Forest Ranch Area,
and setting a public hearing for consideration of the matter
for Tuesday, November 12, 2002, at 10:25 a.m. The Butte
County Planning Commission has recommended approval of the
request - action requested - ADOPT RESOLUTION SETTING A PUBLIC
HEARING FOR CONSIDERATION OF THE MATTER FOR TUESDAY,
NOVEMBER 12, 2002, AT 10:25 A.M., AND AUTHORIZE THE CHAIR TO
SIGN.
Time Item No.
Audit and 3.04 * Rural County Supplemental Funding - Board approval is
Finance requested by the Sheriff's Office to transfer $114,743 in
fiscal year 2001-2002 Rural County Supplemental Funding into
the Sheriff's Office fiscal year 2002-2003 budget. The funds
will be utilized to purchase anti-terrorism equipment and
training ($30,000), a new radio system of the Chico Substation
($12,000), protective breathing apparatus ($25,000), and to
fund recruiting efforts ($25,000) - action requested - APPROVE
BUDGET TRANSFER B-069 (4/5 vote required) ACCEPTING AND
APPROPRIATING PRIOR YEAR FUNDS; AND APPROVE FIXED ASSET
PURCHASE OF RADIO SYSTEM EQUIPMENT FOR CHICO SUBSTATION IN THE
ESTIMATED AMOUNT OF $12,000.
3.05 * Local Groundwater Management Assistance Act of 2002 Funds -
Board approval is requested by the Department of Water and
Resource Conservation to accept and appropriate $249,000 in
grant funds received under the Local Groundwater Management
Assistance Act of 2002 for the installation of two dedicated
monitoring wells equipped with extensometers. The Board
approved submission of the grant on October 23, 2001, and
adopted a resolution to accept the funds on July 9, 2002 -
action requested - APPROVE BUDGET TRANSFER B-071 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT
REVENUE.
Ordinances 3.06 * Resolution to Amend the Salary Ordinance - Board approval is
and requested by the Department of Human Resources for a
Resolutions resolution which amends the salary ordinance as follows:
ASSESSOR - deletes one position of Supervisor-Appraiser and
adds one flexibly staffed position of Supervisor-
Appraiser/Senior Appraiser. PROBATION-JUVENILE HALL - adds
nineteen flexibly staffed positions of Juvenile Hall
Counselor II/I, one half-time position of Senior Cook, two
flexibly staffed positions of Office Assistant III/II/I, and
reallocates a current position of Principal Clerk to a
flexibly staffed position of Administrative Services
Assistant/Principal Clerk. The positions are being added in
preparation of the opening of the new Juvenile Hall. PUBLIC
HEALTH-GENERAL SERVICES - deletes one position of Social
Worker II and adds one position of Senior Employment and
Eligibility Technician. ADMINISTRATIVE-FACILITIES SERVICES -
deletes two positions of Janitor and adds one position of
Facilities Project Specialist - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
Page 2 October 8, 2002
Time Item No.
3.07 * Resolution Approving Adoption of Canines to be Utilized as
Canine Officers - Board approval is requested by the Sheriff's
Office for a resolution which adopts and recognizes two German
Shepard dogs which will be utilized by the Sheriff's Canine
Unit - action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
3.08 * Resolution Recognizing National 4-H Week - Board approval is
requested by the Butte County 4-H Youth Development Program to
adopt a resolution recognizing October 6-12, 2002, as National
4-H Week - action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN.
Roads 3.09 * Construction of a Bicycle Path and Roadway Rehabilitation on
Palermo Road - County Project No. 18451-95-1 - Contract Change
Order (CCO) No. 1 - CCO No. 1, in the increasing amount of
$13,850, provides for raising the existing drainage inlet and
furnishing and installing a new drainage inlet to eliminate
roadside safety hazards, and the furnishing and placement of
6" minus cobble in a roadside gutter and grading the ditch to
the drain. The project is funded with 1998 State
Transportation Improvement Program (STIP) funds and the
Contract Change Order is 1000 reimbursable through STIP -
action requested - APPROVE CCO. NO. 1 AND AUTHORIZE THE CHAIR
TO SIGN.
3.10 * Construction of West Sacramento Avenue Bridge Across Kusal
Slough - Federal Project No. BRLO-5912(015); County Project
No. 54123-95-2 - Contract Change Order (CCO) No. 1 - CCO
No. 1, in the decreasing amount of $426.59, provides for the
deletion of contract item no. 3 (removal and salvage of
existing 15" concrete pipe at a lump sum), and adjusts the
compensation for furnishing and installing an alternative tube
post sleeve for the metal beam guard rail terminal system not
originally specified in the contract special provisions -
action requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR
TO SIGN.
3.11 * Notice of Completion - Construction of West Sacramento Avenue
Bridge Across Kusal Slough - Federal Project No. BRLO-
5912(015); County Project No. 54123-95-2 - the project
consisted of the placement of a 32' x 85' three span flat slab
bridge. All contract work has been completed according to
plans and specifications - action requested - ACCEPT CONTRACT
WORK; APPROVE NOTICE OF COMPLETION AND AUTHORIZE THE CHAIR TO
SIGN; AND AUTHORIZE RECORDING OF THE NOTICE OF COMPLETION.
Page 3 October 8, 2002
Time Item No.
3.12 * Notice of Completion - Stirling City Community Septic
Management System Rehabilitation - County Project No. CSA82-
99-1 - the project consisted of installation of septic tanks
and connecting sanitary sewer lines to the existing sewer
main. All contract work has been completed according to plans
and specifications - action requested - ACCEPT CONTRACT WORK;
APPROVE NOTICE OF COMPLETION AND AUTHORIZE THE CHAIR TO SIGN;
AND AUTHORIZE RECORDING OF THE NOTICE OF COMPLETION.
3.13 * Resolution Declaring Multi-way Stop Intersection - Humboldt
Road at El Monte Avenue and at Notre Dame Boulevard (Future) -
Board approval is requested by the Public Works Department for
a resolution which would declare the intersection of Humboldt
Road at El Monte Avenue and at Notre Dame Boulevard (future)
a multi-way stop intersection. Traffic control considerations
deem it advisable to declare the intersection a multi-way stop
intersection - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS TO INSTALL LEGAL STOP SIGNS AT THE APPROPRIATE
ENTRANCES THERETO.
Agreements 3.14 * Public Financial Management, Inc. - Amendment - Board approval
and is requested by the Administrative Office for an amendment to
Grants the agreement with Public Financial Management, Inc., for the
preparation of financial planning documents for State loan and
grant applications in support of the Chico Urban Area Nitrate
Compliance Program. The amendment revises the Scope of Work
to include general consulting regarding program development
and increases the maximum amount payable by $40,000 (County
Service Area No. 114 budget). All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X11441)
3.15 * Sungard Pentamation, Inc. - Board approval is requested by the
Auditor-Controller for an agreement with Sungard Pentamation,
Inc., for the provisions of software maintenance and support
for the Auditor's computerized financial system. The term of
the agreement is July 1, 2002, through June 30, 2003, with a
maximum amount payable of $39,353.67 (Auditor, Treasurer,
Employment and Social Services and Child Support Services
budgets) - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X10555)
3.16 * Glenn County Health Services - Board approval is requested by
the Butte County Department of Behavioral Health (BCDBH) for
a revenue agreement with Glenn County Health Services for the
provision of acute psychiatric inpatient care in the Butte
County Psychiatric Health Facility to residents of Glenn
County. The term of the agreement is July 1, 2002, through
June 30, 2003, with a maximum amount payable to the County of
$80,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. R40488)
Page 4 October 8, 2002
Time Item No.
3.17 * George R. Heitzman, M.D. - Board approval is requested by the
Butte County Department of Behavioral Health for an agreement
with George R. Heitzman, M.D., for the provision of services
in the specialized field of psychiatry. The term of the
agreement is October 11, 2002, through June 30, 2003, with a
maximum amount payable of $78,840 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.18 * Lisa Jellison, LCSW - Board approval is requested by the Butte
County Department of Behavioral Health for an agreement with
Lisa Jellison, LCSW, for the provision of speciality mental
health services in support of Phase II Medi-Cal Mental Health
Consolidation. The term of the agreement begins
October 1, 2002, and remains in effect until terminated by
either party. Payments under the agreement will be made based
on services provided to clients. Funding for the agreement is
included in the department's fiscal year 2002-2003 budget -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.19 * Resource Design Technology/KRC Holdings, Inc. - M&T Ranch Mine
Project - Amendment - Board approval is requested by the
Development Services Department for an amendment to the
agreement with Resource Design Technology for the preparation
of an Environmental Impact Report for the proposed M&T Ranch
Mine project. The amendment revises the scope of the work to
provide for recirculation of the Environmental Impact Report
for the project, and increases the maximum amount payable by
$51,967.93. All other terms and provisions remain the same.
Funding for the agreement is provided by the applicant and
Board approval is also requested for a budget transfer to
accept and appropriate the funds deposited with the County by
the applicant - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET
TRANSFER B-070 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE.
3.20 * Archive Record Systems - Amendment - Board approval is
requested by the Department of Employment and Social Services
for an amendment to the agreement with Archive Record Systems
for the collection and destruction of confidential waste from
offices utilized by the department. The amendment extends the
agreement through June 30, 2004, and increases the maximum
amount payable to $60,000 (department budget) per fiscal year
(an increase of $10,000). All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X10065)
Page 5 October 8, 2002
Time Item No.
3.21 * Butte-Glenn Community College District - Amendment - Board
approval is requested by the Department of Employment and
Social Services for an amendment to the agreement with Butte-
Glenn Community College District for the provision of CalWORKs
job search services for Welfare To Work participants. The
amendment extends the term of the agreement through
June 30, 2003, revises the scope of work, and reduces the
maximum amount payable by $334,528 to $160,000 (department
budget) for fiscal year 2002-2003. The agreement amount is
reduced as a result of staff reductions to the program. All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X13358)
3.22 * Private Industry Council - Board approval is requested by the
Department of Employment and Social Services for a prior year
agreement with the Private Industry Council for the
installation of electrical and voice/data wiring in the
facility located at 2491 Carmichael Drive, Chico. The term of
the agreement was March 1, 2002, through June 30, 2002, with
a maximum amount payable of $1,500 (department budget).
Additional Americans with Disabilities Act requirements were
added during review of the agreement which created delays in
processing - action requested - APPROVE PRIOR YEAR AGREEMENT
AND PAYMENT OF SERVICES AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13533)
3.23 * Private Industry Council - Amendment - Board approval is
requested by the Department of Employment and Social Services
for an amendment to the agreement with the Private Industry
Council for the provision of employment services activities
for CalWORKs participants. The amendment revises the scope of
work and reduces the maximum amount payable by $854,846 to a
new maximum amount payable of $600,000 (department budget).
All other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X13305)
3.24 * Private Industry Council - Board approval is requested by the
Department of Employment and Social Services for a sublease
agreement with the Private Industry Council for office space
in the building located at 2491 Carmichael Drive, Suite 300,
Chico. The term of the agreement is May 1, 2002, though
June 30, 2015, with a maximum amount payable of $287,357.52
for the multi-year term ($3,306 for fiscal year 2001-2002, and
$19,836 for fiscal year 2002-2003 [department budget]) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
Page 6 October 8, 2002
Time Item No.
3.25 * Private Industry Council - Amendment - Board approval is
requested by the Department of Employment and Social Services
for an amendment to the sublease agreement with the Private
Industry Council for office space in the building located at
78 Table Mountain Boulevard, Oroville. The amendment revises
the agreement starting date to reflect the actual date of
occupancy (February 19, 2001) and extends the term through
June 30, 2016. The amendment also includes a revised lease
payment schedule for the new period. 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. X11404)
3.26 * Private Industry Council - Amendment - Board approval is
requested by the Department of Employment and Social Services
for an amendment to the sublease agreement with the Private
Industry Council for office space in the building located at
2445 Carmichael Drive, Chico. The amendment provides for
further clarification of services that are charged to the
tenants of the building according to percentages of space
occupied. 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. X10523)
3.27 * Glenn County Human Resource Agency - Amendment - Board
approval is requested by the Department of Employment and
Social Services for an amendment to the agreement with the
Glenn County Human Resource Agency for the provision of Child
Welfare Services/Case Management System (CWS/CMS) training.
The agreement provides for Butte County's share of the cost to
operate the computer training center. The amendment extends
the term of the agreement through June 30, 2003, and includes
language to authorize Glenn County to bill the department for
the County's share of the CWS/CMS Training Allocation once it
is received. All other terms and provisions remain the same.
Funding for the agreement is provided by a State allocation to
the County for the training - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND
AUTHORIZE THE AUDITOR-CONTROLLER TO ENCUMBER THE STATE
ALLOCATION, WHEN RECEIVED, FOR PAYMENT OF THE AGREEMENT.
(Contract No. X11414)
3.28 * Women's Foundation Community Action Fund - Grant Application -
Board approval is requested by the Director of Libraries to
apply to the Women's Foundation Community Action Fund for a
grant in the amount of $5,000 to acquire health related
materials for the various branches and bookmobile, and to
offer computer training in library branches - action
requested - APPROVE SUBMISSION OF GRANT APPLICATION AND
AUTHORIZE THE DIRECTOR OF LIBRARIES TO SIGN.
Page 7 October 8, 2002
Time Item No.
3.29 * Private Industry Council - Amendment - Board approval is
requested by the Public Health Department for an amendment to
the lease agreement with the Private Industry Council for
office space in the building located at 2445 Carmichael Drive,
Chico. The space is utilized as a satellite clinic. The
amendment extends the term of the lease through June 30, 2017,
includes a new rate schedule, sets the monthly lease rate for
fiscal year 2002-2003 at $631.80 (an increase of $136.50 per
month), and includes language that deletes the department's
responsibility to pay for items listed under the Utilities and
Services section of the agreement. All other terms and
provisions remain the same. The department currently has
$5,943.60 encumbered for this agreement for fiscal year 2002-
2003. The additional encumbrance of $1,638 needed for fiscal
year 2002-2003 is available within the department's budget -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND APPROVE ADDITIONAL ENCUMBRANCE FOR AGREEMENT
OF $1,638. (Contract No. X10770)
3.30 * Private Industry Council - Amendment - Board approval is
requested by the Public Health Department for an amendment to
the sublease agreement with the Private Industry Council for
office space in the building located at 78 Table Mountain
Boulevard, Oroville. The amendment revises the agreement
starting date to reflect the actual date of occupancy
(February 19, 2001) and extends the term through
June 30, 2016. The amendment also includes a revised lease
payment schedule for the new period. 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. X11406)
3.31 * Lincoln Partners - Board approval is requested by the Public
Health Department for a lease agreement with Lincoln Partners
for the space located at 2358 Lincoln Avenue, Oroville. The
location is utilized by the Women, Infants and Children
program. The term of the agreement is September 1, 2002,
through August 31, 2005, with a maximum amount payable of
$51,840 (department budget) for the multi-year term ($1,440
per month) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13835)
Page 8 October 8, 2002
Time Item No.
3.32 * California Department of Health Services - Master Agreement
Amendment - Board approval is requested by the Public Health
Department for an amendment to the Master Agreement with the
California Department of Health Services for AIDS related
services. The amendment provides for an increased allocation
of $1, 500 for fiscal years 2002-2003 and 2003-2004 for the HIV
Counseling and Testing Memorandum, and $1,534 for the period
of July 1, 2002, through December 31, 2002, for the Evaluating
Local Interventions Program. The amendment increases the
total maximum amount payable to the County under the Master
Agreement a total of $4,534 for the period of July 1, 2001,
through June 30, 2004. 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; AUTHORIZE THE DIRECTOR OF
PUBLIC HEALTH TO SIGN AN AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING FOR HIV COUNSELING AND TESTING TO REFLECT THE
INCREASED ALLOCATION SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER; AND AUTHORIZE THE DIRECTOR OF PUBLIC
HEALTH TO SIGN AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
FOR THE EVALUATING LOCAL INTERVENTIONS PROGRAM TO REFLECT THE
INCREASED ALLOCATION SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
3.33 * Pacific Municipal Consultants - Board approval is requested by
the Public Works Department for an agreement with Pacific
Municipal Consultants for the preparation of environmental
documentation in support of the Speedway Avenue Extension
project. Under the terms of the agreement the environmental
documentation is to be completed by the end of April 2003.
The amount payable for the agreement is $114,778 (department
budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Miscel- 3.34 * Advanced Step Hire - Board approval is requested by the
laneous Department of Human Resources, on behalf of the Probation
Department, and pursuant to Personnel Rule 11.5(b), for the
Advanced Step Hire of an Information Systems Technician I
candidate to step three of the salary range based on
experience - action requested - APPROVE ADVANCED STEP HIRE OF
INFORMATION SYSTEMS TECHNICIAN I CANDIDATE TO STEP THREE OF
THE SALARY RANGE.
3.35 Review of the Existence of a Local Emergency - on
September 24, 2002, the Board of Supervisors confirmed the
existence of an agricultural state of disaster in Butte County
as a result of drought conditions and the effects of those
conditions on local livestock. Pursuant to Government Code
8630, the Board must review the need for continuing the state
of local emergency at its regularly scheduled meetings until
the local emergency is terminated. The Agricultural
Commissioner informs the Board that the drought conditions
have not changed and the need for a continued state of local
emergency is needed - action requested - CONTINUE STATE OF
LOCAL EMERGENCY.
Page 9 October 8, 2002
Time Item No.
4.00 Regular Agenda
4.01 Appointments - Boards, Commissions, and Committees.
* 1. Appointments to listed vacancies.
* 2. Butte County Planning Commission - action requested -
APPOINT MICHAEL G. EVANS, DISTRICT 1 REPRESENTATIVE, TO
A VACATED TERM TO END JANUARY 10, 2005.
* 3. California State Association of Counties - action
requested - APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO
TERMS TO END SEPTEMBER 2003.
4.02 Update on legislative and budget activities. (CHIEF
ADMINISTRATIVE OFFICER)
4.03 * Butte County Behavioral Health Board - Annual Report - report
to the Board by the Chair of the Butte County Behavioral
Health Board - action requested - ACCEPT FOR INFORMATION.
(JEFF ZELSDORF, CHAIR, BUTTE COUNTY BEHAVIORAL HEALTH BOARD)
4.04 Effect of Thermalito Afterbay Water Temperatures on
Agricultural Production - Report to the Board - presentation
to the Board by Randall "Cass" Mutters, Ph.D., University of
California Cooperative Extension, Butte County, on the effects
of the water temperature of the water released from the
Thermalito Afterbay on rice production yields - action
requested - ACCEPT FOR INFORMATION. (COUNTY COUNSEL)
4.05 * Sacramento River Conservation Area and Proposed Regulations -
Report to the Board - presentation of additional information
resulting from the presentation of the County Counsel staff
report on the Sacramento River Conservation Area and proposed
regulations regarding property acquisition for wildlife
conservation purposes. The original report was presented to
the Board on August 27, 2002 - action requested - PROVIDE
STAFF DIRECTION AS REQUIRED. (COUNTY COUNSEL/FROM 8-27-02
[4.11] )
Page 10 October 8, 2002
Time Item No.
4.06 * Pavement Undulations Policy and Procedures - Board approval is
requested by the Public Works Department for Policy and
Procedures for the consideration and installation of pavement
undulations. On August 27, 2002, the Board was presented with
a draft version for review and comment, with the direction
that a final revision be returned to the Board for approval -
action requested - APPROVE BUTTE COUNTY PAVEMENT UNDULATIONS
POLICY AND PROCEDURES. (PUBLIC WORKS [FROM 8-27-02/4.06])
4.07 * Proposition 50, the Water Security, Clean Drinking Water and
Coastal and Beach Protection Act of 2002 - Report to the
Board - report on the contents and benefits of Proposition
50, the 2002 water bond authored by The Nature Conservancy and
qualified as an initiative for the November 2002 ballot -
action requested - THE DEPARTMENT OF WATER AND RESOURCE
CONSERVATION RECOMMENDS THE BOARD TAKE ONE OF THE FOLLOWING
ACTIONS:
1. ADOPT A RESOLUTION OF SUPPORT FOR PROPOSITION 50 AND
AUTHORIZE THE CHAIR TO SIGN; AND
A. DIRECT STAFF TO PRIORITIZE PROJECTS SUBMITTED BY
THE COUNTY TO THE NORTHERN AND COASTAL CALIFORNIA
WATER BOND COALITION; OR
B. DIRECT STAFF TO WORK WITH A SUBCOMMITTEE OF THE
BOARD TO PRIORITIZE PROJECTS SUBMITTED BY THE
COUNTY TO THE NORTHERN AND COASTAL CALIFORNIA WATER
BOND COALITION; OR
2. DO NOT APPROVE A RESOLUTION OF SUPPORT FOR
PROPOSITION 50; AND
A. TAKE A NEUTRAL POSITION ON THE MEASURE AND DIRECT
STAFF TO CONTINUE TO MONITOR THE NORTHERN AND
COASTAL CALIFORNIA WATER BOND COALITION WITH REGARD
TO THE MEASURE; OR
B. APPROVE A LETTER OF OPPOSITION TO THE MEASURE.
(WATER AND RESOURCE CONSERVATION)
Page 11 October 8, 2002
Time Item No.
4.08 * Health Insurance Portability and Accountability Act (HIPAA)
Implementation - submission of a program plan and report on
the County's implementation of the Health Insurance
Portability and Accountability Act. The act was designed to
protect the security of health care information systems and
improve patients' rights to privacy - action requested - ADOPT
AND AUTHORIZE THE CHAIR TO SIGN A RESOLUTION SUPPORTING THE
PRIVACY AND SECURITY OF HEALTH INFORMATION AND AUTHORIZING
DEVELOPMENT OF ADMINISTRATIVE POLICIES AND PROCEDURES TO
COMPLY WITH HIPAA; DIRECT THE CHIEF ADMINISTRATIVE OFFICER TO
DEVELOP POLICIES AND IMPLEMENTATION PLANS AND BUDGETS, SUBJECT
TO BOARD APPROVAL, TO IMPLEMENT THE REQUIREMENTS OF HIPAA IN
A TIMELY MANNER; AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO
DESIGNATE BUTTE COUNTY'S HIPAA PRIMARY POINT OF CONTACT,
PRIVACY OFFICER, AND INFORMATION SECURITY OFFICER; RECEIVE AND
FILE THE BUTTE COUNTY HIPAA COMPLIANCE PROGRAM PLAN; AND
AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SUBMIT THE HIPAA
REQUEST FOR EXTENSION TO THE UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES ON BEHALF OF THE COUNTY OF BUTTE.
(CHIEF ADMINISTRATIVE OFFICER)
4.09 Items removed from the Consent Agenda for Board consideration
and action.
4.10 Recess as the Butte County Board of Supervisors and Convene as
the Butte County In-Home Supportive Services Public Authority.
Page 12 October 8, 2002
Time Item No.
BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
AGENDA
OCTOBER 8, 2002
1.00 Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
2.00 Consent Agenda
2.01 * Resolution Amending Resolution to Provide Public Employees'
Retirement System Health Insurance Coverage - on
August 13, 2002, the Authority Board adopted Resolution 2002-
02 giving approval for the Authority to be subject to the
Public Employees' Medical and Hospital Care Act for the
purpose of providing Public Employees' Retirement System
(PERS) health insurance coverage to Authority employees.
Subsequent to the adoption of that resolution PERS notified
the Authority that the Authority would be defined as a Special
District for PERS purposes, and the coverage definition as
detailed in the resolution needed to be corrected to indicate
that classification. The proposed resolution rescinds and
supercedes Resolution 2002-02 and corrects the definition of
Public Authority employees as Special District employees for
health insurance coverage purposes - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.00 Regular Agenda (NO ITEMS)
4.00 Public Comment
5.00 Adjournment
ADJOURN AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC
AUTHORITY BOARD AND RECONVENE AS THE BUTTE COUNTY BOARD OF
SUPERVISORS
Page 13 October 8, 2002
Time Item No.
Butte County Board of Supervisors
Continued Agenda
5.00 Public Hearina and Timed Items
10:30 A.M. 5.01 * Public Hearing - Larry Bradley - Tentative Parcel Map -
consideration of an appeal of the Development Review
Committee's denial of a Tentative Parcel Map to divide a 34.6
acre parcel into three parcels of 10.3, 10.6 and 13.6 +/-
acres on property zoned A-10 (Agricultural - 10 acre parcels) .
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
on the northwest corner of Durham-Dayton Highway and Esquon
Road, Durham, and identified as APN 040-150-112 (CS [T PM 02-
23]) - action requested - STAFF RECOMMENDS THE BOARD TAKE ONE
OF THE FOLLOWING TWO ACTIONS:
1. SHOULD THE BOARD, AFTER CONSIDERING ALL EVIDENCE AND
TESTIMONY, DECIDE TO DENY THE APPEAL AND THE PROJECT,
THE FOLLOWING ACTION SHOULD BE TAKEN:
A. SUBJECT TO FINDING I(A) AS DETAILED IN THE STAFF
REPORT DATED OCTOBER 8, 2002, DENY THE REQUEST FOR
A TENTATIVE PARCEL MAP FOR LARRY BRADLEY,
APPLICATION TPM 02-23; OR
2. SHOULD THE BOARD FIND THAT THE PROJECT IS CONSISTENT
WITH THE BUTTE COUNTY GENERAL PLAN, THE FOLLOWING
ACTIONS SHOULD BE TAKEN:
A. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF
REPORT DATED OCTOBER 8, 2002, ADOPT A MITIGATED
NEGATIVE DECLARATION;
(Continued on Page 15)
Page 14 October 8, 2002
Time Item No.
5.01 2. B. 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) 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 THE
UNITED STATES WILDLIFE SERVICE. THE PROJECT WILL
NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY
RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT
ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY
SECTION 404 OF THE CLEAN WATER ACT; INTERFERE
SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE
RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES;
CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES
PROTECTING BIOLOGICAL RESOURCES OR CONFLICT WITH
THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION
PLAN; AND
C. SUBJECT TO FINDINGS III(A-F) AS DETAILED IN THE
STAFF REPORT DATED OCTOBER 8, 2002, AND THE
CONDITIONS OF APPROVAL IDENTIFIED AS EXHIBIT "A" IN
THE STAFF REPORT DATED OCTOBER 8, 2002, APPROVE
TENTATIVE SUBDIVISION MAP 02-23 FOR LARRY BRADLEY.
Page 15 October 8, 2002
Time Item No.
10:45 A.M. 5.02
Continued 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 12tH
Avenue. Parcel 1 would front on West 12th Avenue and Parcel
16 would front on West 11th 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 11th
Avenue and West 12th 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 TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF
REPORT DATED OCTOBER 8, 2002, ADOPT A MITIGATED NEGATIVE
DECLARATION;
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) 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 THE UNITED STATES WILDLIFE SERVICE. THE PROJECT
WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY
RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON
FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404
OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE
MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR
WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR
ORDINANCES PROTECTING BIOLOGICAL RESOURCES OR CONFLICT
WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION
PLAN; AND
(Continued on Page 17)
Page 16
October 8, 2002
Time Item No.
5.02 3. SUBJECT TO FINDINGS III(A-K) AS DETAILED IN THE STAFF
(Cont.) REPORT DATED OCTOBER 8, 2002, AND THE CONDITIONS OF
APPROVAL IDENTIFIED AS EXHIBIT "A" OF THE STAFF REPORT
DATED OCTOBER 8, 2002, DENY THE APPEAL AND APPROVE
TENTATIVE SUBDIVISION MAP 00-01 FOR WEBB HOMES (APNs
043-040-080 AND 097). (FROM 9-10-02 [5.06])
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.
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.
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 foryour review. Please do not remove items
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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
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prior to the meeting.
Page 17 October 8, 2002