HomeMy WebLinkAboutA101105BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
OCTOBER 11, 2005
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County Supervisors
Bill Connelly, 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
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BUTTE COUNTY BOARD OF SUPERVISORS
9:~~ A.M. 1.~~
1.01
1.02
1.03
2.00
CALL TO ORDER
Call to Order
Administration
Oroville.
AGENDA -OCTOBER 11, 2005
- Board of Supervisors Room, County
Building, 25 County Center Drive,
Pledge of Allegiance to the Flag of the United States
of America.
Observation of a Moment of Silence.
CORRECTIONS AND~OR CHANGES TO THE AGENDA.
3 . ~ ~ CONSENT AGENDA
AGRICULTURE 3.01 * Resolution in Recognition of the 25t'' Annual Farm City
Celebration - Silver Anniversary - approval is
requested for a resolution recognizing October 30 -
November 19, 2005, as the 25t'' Annual Farm City
Celebration - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
BEHAVIORAL
HEALTH 3.02 * Substance Abuse and Mental Health Services
Administration Block Grant - approval is requested to
apply to the State of California, Department of Mental
Health, for funds under the Substance Abuse and Mental
Health Services Administration Block Grant program and
to approve the grant agreement accepting the funds.
The County will be awarded $345,070 for fiscal year
2005-2006. The funds will be used for socialization
and vocational activities for adult consumers,
counseling services for detainees in the Juvenile Hall,
and department administrative costs. Approval is also
requested for a budget transfer adjusting revenue and
appropriation accounts to reflect the actual amount
awarded - action requested - APPROVE RENEWAL
APPLICATION AND GRANT AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER; AND APPROVE A BUDGET TRANSFER
MAKING ADJUSTMENTS AS DETAILED IN THE AGENDA REPORT.
3.03 * work Training Center for the Handicapped, Inc. (Do-It-
Leisure) - approval is requested for a sole source
agreement with Work Training Center for the
Handicapped, Inc. (Do-It-Leisure), for the provision of
a socialization program for referred clients. The term
of the agreement is July 1, 2005, through
June 30, 2006, with a maximum amount payable of
$118,502 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
PAGE 1 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 11, 2005
3.04 * Butte County Department of Public Health - Amendment -
approval is requested for an amendment to the
Memorandum of Understanding with the Butte County
Department of Public Health for System of Care
services. The amendment reduces the maximum amount
payable by $45,000 for fiscal year 2005-2006, and
revises the agreement's exhibits to reflect the
reduction. All other terms and provisions remain the
same. Board approval is also requested for a budget
transfer adjusting the departments' budget units to
reflect the decease - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND APPROVE A BUDGET TRANSFER APPROPRIATING
FUNDS AS DETAILED IN THE AGENDA REPORT. (Contract No.
X11980)
3.05 * Substance Abuse and Crime Prevention Act of 2000
Revised Fiscal Year 2005-2006 Plan - approval is
requested for a revised Fiscal Year 2005-2006 Plan
required to be submitted to the State of California,
Department of Alcohol and Drug Programs, to receive
funds under the Substance Abuse and Crime Prevention
Act of 2000. The revised plan incorporates changes to
reflect the decreased allocation for fiscal year 2005-
2006 of $251,187. Board approval is also requested for
adjustments to the department's budget to reflect the
reduced allocation - action requested - APPROVE REVISED
PLAN; AND APPROVE A BUDGET TRANSFER REVISING REVENUE
AND EXPENDITURE ACCOUNTS AS DETAILED IN THE AGENDA
REPORT.
3.06 * willow Glen Care Center - approval is requested for a
sole source agreement with willow Glen Care Center for
the provision of rehabilitation services for referred
clients. The term of the agreement is July 1, 2005,
through June 30, 2006, with a maximum amount payable of
$101,725 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.07 * State of California, Department of Mental Health -
approval is requested for a performance contract with
the State of California, Department of Mental Health,
for the County's establishment of community mental
health services to cover the entire area of the County.
The term of the agreement is July 1, 2005, through
June 30, 2006. There are no monetary provisions
associated with the performance agreement. Board
approval is also requested for a resolution authorizing
the agreement - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 2 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 11, 2005
3.08 * North Valley Behavioral Health - approval is requested
for a sole source agreement with North Valley
Behavioral Health for the provision of psychiatric
inpatient care services. The term of the agreement is
October 15, 2005, through June 30, 2006, with a maximum
amount payable of $100,800 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.09 * Sequoia Psychiatric Center - approval is requested for
a sole source agreement with Sequoia Psychiatric Center
for the provision of psychiatric inpatient care
services. The term of the agreement is
October 15, 2005, through June 30, 2006, with a maximum
amount payable of $154,560 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
CHIEF
ADMINISTRATIVE
OFFICE 3.10 * Development Services Director - approval is requested
to appoint Tim Snellings to the position of Director-
Development Services, and to approve an employment
agreement with Mr. Snellings for a three year term,
beginning October 31, 2005. The yearly compensation
rate will $115,000, and the agreement provides for a
5-day annual leave advance and relocation allowance of
$5,000. All other terms and provisions are similar to
the employment agreements with all other department
directors - action requested - APPOINT TIM SNELLINGS TO
THE POSITION OF DIRECTOR-SDEVELOPMENT SERVICES,
EFFECTIVE OCTOBER 31, 2005; AND APPROVE EMPLOYMENT
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
3.11 * Resolution Approving an Application and Contract
Execution for Funding from the General/Native American
Allocation of the State Community Development Block
Grant Program - approval is requested for a resolution
accepting General Allocation Grant Funds in the amount
of $1,294,800, allocating the funds among the proposed
projects, and authorizing the execution of a grant
agreement - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
PAGE 3 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 11, 2005
CHILD
SUPPORT
SERVICES 3.12 * Peerless Building Maintenance - Amendment - approval is
requested for an amendment to the agreement with
Peerless Building Maintenance for the provision of
janitorial services for county-leased buildings. The
amendment extends the term of the agreement through
December 31, 2006, eliminates services at 1447 Huntoon
Street, Oroville, effective June 30, 2005, includes
carpet cleaning and stain treatment services for 1474
and 1420 Myers Street, Oroville, and increases the
maximum amount payable by $28,200 (department budget)
for the extended term and additional services. 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. X14638)
CLERK OF
THE BOARD 3.13 * Approval of Minutes - action requested - APPROVE
MINUTES OF AUGUST 31, 2004; SEPTEMBER 14, 2004;
SEPTEMBER 28, 2004; AND OCTOBER 12, 2004, WITH THE
NOTATION THAT SUPERVISOR CONNELLY WILL ABSTAIN FROM
APPROVAL OF 2004 MINUTES.
COUNTY CLERK-
RECORDER 3.14 * Election Assistance for Individuals with Disabilities
Grant Program - approval is requested for a resolution
authorizing the Clerk-Recorder/Registrar of Voters to
participate in the Election Assistance for Individuals
with Disabilities Grant program. The funds will be
used to improve accessibility to, and participation in,
the election process for individuals with a full range
of disabilities. The County will receive up to
$25,219.28, and Board approval is also requested to
accept and appropriate the unanticipated revenue -
action requested - ADOPT RESOLUTION AUTHORIZING GRANT
PARTICIPATION AND AUTHORIZE THE CHAIR TO SIGN;
AUTHORIZE THE COUNTY CLERK-RECORDER TO SIGN ANY AND ALL
DOCUMENTS ASSOCIATED WITH THE GRANT; AND APPROVE A
BUDGET TRANSFER (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
DEVELOPMENT
SERVICES 3.15 * Williamson Act Agreements - Landowner Notification
Letters - approval is requested by the Butte County
Land Conservation Act Advisory Committee, to direct the
Department of Development Services to send to all
County landowners subject to Williamson Act contracts,
a letter which discloses to the landowner that their
property is subject to a Williamson Act contract and
provides information concerning compliance with that
contract. This is an informational letter intended to
educate landowners about Williamson Act contracts and
the consequences of non-compliance with the contract's
terms - action requested - APPROVE LETTER AND DIRECT
THE DEPARTMENT TO SEND LETTERS TO ALL COUNTY LANDOWNERS
SUBJECT TO WILLIAMSON ACT CONTRACTS.
PAGE 4 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 11, 2005
DISTRICT
ATTORNEY 3 . 16 * Butte Justice Agencies Data Sharing Project -
Memorandum of Understanding Amendment and Transfer of
Revenue - approval is requested for an amendment to the
Memorandum of Understanding for the Butte Justice
Agencies Data Sharing Project. The amendment provides
for the initiation of the discovery process for the
California Case Management System to determine its
impact on the Butte Justice Agencies Data Sharing
Project and the Superior Court, extends the date of the
agreement through June 30, 2006, and increases the
maximum amount payable by $29,723. Board approval is
also requested to accept and appropriate $34,862 from
the Automated Warrant System Assessment Trust Fund to
provide the additional appropriation needed to fund the
agreement - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER;
AND APPROVE A BUDGET TRANSFER (4 /5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS
DETAILED IN THE AGENDA REPORT.
3.17 * Investigative Services Revenue - approval is requested
to accept and appropriate $6,990 received from the Air
Quality Management District for the District Attorney's
provision of investigative services to the District -
action requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
EMPLOYMENT
AND SOCIAL
SERVICES 3.18 * Youth For Change - Amendment - approval is requested
for an amendment to the agreement with Youth For Change
for the provision of Promoting Safe and Stable Families
services. The amendment extends the term of the
agreement through June 30, 2006, increases the maximum
amount payable for fiscal year 2005-2006 by $28,009.51
(department budget), and revises the agreement's
exhibits to reflect the changes. 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. X13831)
PAGE 5
OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 11, 2005
3.19 * Youth For Change - Amendment - approval is requested
for an amendment to the agreement with Youth For Change
for the provision of Promoting Safe and Stable Families
services and Adoption Promotion and Support Services.
The amendment extends the term of the agreement through
June 30, 2006, increases the maximum amount payable for
fiscal year 2005-2006 by $26,232 (department budget),
and revises the agreement's exhibits to reflect the
changes. 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. X13830)
3.20 * Youth For Change - Amendment - approval is requested
for an amendment to the agreement with Youth For Change
for the provision of the In-Home Visitation Program.
The amendment extends the term of the agreement through
June 30, 2006, increases the maximum amount payable for
fiscal year 2005-2006 by $22,104 (department budget),
revises the agreement's exhibits to reflect the
changes, and revises agreement language regarding
department contact, insurance, affirmative action,
compliance with Section 504 of the Rehabilitation Act
of 1973, and conflict of interest compliance. 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. X13680)
3.21 * Parent Education Network - Amendment - approval is
requested for an amendment to the agreement with Parent
Education Network for the provision of the Families in
Transition In-Home Visitation Program. The amendment
extends the term of the agreement through
June 30, 2006, increases the maximum amount payable by
$44,896 (department budget), revises the agreement's
exhibits to reflect the changes, and revises the
agreement language regarding department contact,
insurance, affirmative action, compliance with Section
504 of the Rehabilitation Act of 1973, and conflict of
interest compliance. 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. X13752)
PAGE 6 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 11, 2005
3.22 * Parent Education Network - Amendment - approval is
requested for an amendment to the agreement with Parent
Education Network for the provision of Promoting Safe
and Stable Families services. The amendment extends
the term of the agreement through
June 30, 2006, increases the maximum amount payable by
$26,097.75 (department budget), and revises the
agreement's exhibits to reflect the changes. 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. X13938)
3.23 * Butte County Department of Behavioral Health -
Amendment - approval is requested for an amendment to
the Memorandum of Understanding with the Butte County
Department of Behavioral Health for the provision of
Promoting Safe and Stable Families services. The
amendment extends the term of the agreement through
June 30, 2006, and increases the maximum amount payable
for fiscal year 2005-2006 by $18,085 (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. X14076)
3.24 * 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 Promoting Safe and Stable Families
services. The amendment extends the term of the
agreement through June 30, 2006, increases the maximum
amount payable for fiscal year 2005-2006 by $19,108,
(department budget) and revises the agreement's
exhibits to reflect the changes. 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. X13967)
EMERGENCY
SERVICES 3.25 * Butte Creek watershed Floodplain Management Plan -
approval is requested for the Butte Creek Floodplain
Management Plan for the Butte Creek watershed. The
final draft was presented to the Board on
January 25, 2005. The proposed document incorporates
public comments received and addressed and represents
the complete document - action requested - ACCEPT AS
COMPLETE THE BUTTE CREEK FLOODPLAIN MANAGEMENT PLAN
DOCUMENT.
PAGE 7 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 11, 2005
HUMAN
RESOURCES 3.26 * Cooperative Personnel Services - approval is requested
for a sole source agreement with Cooperative Personnel
Services for the provision of employment testing
materials and services for County applicants. The term
of the agreement is one year from date of execution,
with a maximum amount payable based on use. The
department has budgeted $28,500 for the agreement,
($4,000-California Board of Corrections testing;
$24,500-General testing) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X15715)
3.27 * Side Letter Agreement - approval is requested for a
side letter agreement with the Butte County Management
Employees Association regarding the employment services
of Peter A. Calarco as Assistant Director-Development
Services, effective August 15, 2005. The agreement
provides for an 80-hour vacation accrual upon date of
hire, and for appointment to the position at Step 5 of
the salary range - action requested - APPROVE SIDE
LETTER AGREEMENT, RETROACTIVE TO AUGUST 15, 2005, AND
AUTHORIZE THE CHAIR TO SIGN.
3.28 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: COUNTY CLERK-
ELECTIONS AND REGISTRATION - deletes 1 position of
Manager, Support Services. Adds 1 position of
Administrative Analyst, Senior/Administrative Analyst.
DISTRICT ATTORNEY-CRIMINAL - deletes 1 position of
Office Specialist, Senior/Office Specialist/Office
Assistant. Adds 1 position of Legal Clerk/Office
Specialist, Senior/Office Specialist/Office Assistant.
SHERIFF-CORONER-OPERATIONS - deletes 2 positions of
Evidence Technician and 1 position of Photographic
Technician. Adds 3 positions of Evidence/Photographic
Technician. COUNTY-CLERK-RECORDER - deletes 1 position
of Manager, Support Services. Adds 1 position of
Administrative Analyst, Senior/Administrative Analyst,
and 2 positions of Supervisor, Clerk-Recorder/Registrar
of Voters. SALARY PLAN FOR CLASSIFIED POSITIONS,
REFERENCE C, GENERAL UNIT CLASSIFICATIONS - deletes the
classifications of Evidence Technician and Photographic
Technician, and adds the classification of
Evidence/Photographic Technician ($15.59-$18.95).
SALARY PLAN FOR CLASSIFIED POSITIONS, REFERENCE F,
MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT
CLASSIFICATIONS - adds the classification of
Supervisor, Clerk-Recorder/Registrar of Voters ($16.47-
$20.02) - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
PAGE 8 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 11, 2005
LIBRARY 3.29 * Library Donations - pursuant to Government Code Section
25355, a donation of $431.20 has been received from the
Paradise Friends of the Library Group for support staff
hours - action requested - ACCEPT DONATION AND
AUTHORIZE A LETTER OF APPRECIATION.
3.30 * Annual Report - submitted is the Butte County Fiscal
Year 2004-2005 Annual Report to be filed with the
California State Library - action requested - ACCEPT
FOR INFORMATION.
PUBLIC
woRxs 3.31 * waste Recovery west, Inc. - approval is requested for
an agreement with waste Recovery west, Inc., for the
provision of waste tire disposal. The term of the
agreement is October 1, 2005, through
September 30, 2006, with a maximum amount payable of
$30,000 (Landfill Management Fund) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.32 * Budget Transfer and Fixed Asset Authorization - as part
of the fiscal year 2005-2006 budget for the department,
the Board approved the acquisition of a landfill
compactor in the amount of $560,000. Board approval is
requested to increase the fixed asset purchase
authorization to a maximum of $575,000 to provide for
the actual cost of the equipment over the estimated
budgeted amount. Funding for the increase is available
within the department's budget and Board approval is
also requested for a transfer of funds to provide the
appropriation needed for the purchase - action
requested - APPROVE INCREASE IN FIXED ASSET PURCHASE
AUTHORIZATION FOR A LANDFILL COMPACTER BY $15,000; AND
APPROVE A BUDGET TRANSFER APPROPRIATING FUNDS AS
DETAILED IN THE AGENDA REPORT.
3.33 * Sierra Moon Subdivision Annexation to County Service
Area No . 16 9 - on November 3 0 , 2 0 04 , the Board approved
an application to the Local Agency Formation Commission
for the annexation of the Sierra Moon Subdivision to
County Service Area No. 169 for the provision of storm
drainage maintenance and street lighting. In order to
complete the application, the subdivision's
environmental document needs to be amended to address
annexation to the County Service Area. The revised
application, including the addendum to the Mitigated
Negative Declaration, will be submitted to the Local
Agency Formation Commission - action requested - ADOPT
THE ADDENDUM TO THE MITIGATED NEGATIVE DECLARATION FOR
THE SIERRA MOON TENTATIVE SUBDIVISION MAP #03-O1
(STEPHEN J. SCHUSTER); AND AUTHORIZE THE CHAIR TO SIGN
THE LOCAL AGENCY FORMATION COMMISSION APPLICATION.
PAGE 9 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 11, 2005
SHERIFF'S
OFFICE 3.34 * Hewlett Packard - approval is requested for a sole
source agreement with Hewlett Packard for hardware
support of equipment that runs the California Law
Enforcement Telecommunications System. The term of the
agreement is October 1, 2005, through
September 30, 2006, with a maximum amount payable of
$7,152 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X15747)
3.35 * Advanced Step Hire - approval is requested for the
advanced step hire of a Deputy Sheriff candidate to
Step 3 of the salary range, based on education and
experience, retroactive to September 10, 2005. The
Director-Human Resources concurs with the request -
action requested - APPROVE ADVANCED STEP HIRE OF DEPUTY
SHERIFF TO STEP 3 OF THE SALARY RANGE, RETROACTIVE TO
SEPTEMBER 10, 2005, AS DETAILED IN THE AGENDA REPORT.
TREASURER-TAX
COLLECTOR 3.36 * Monthly Investment Report - submitted is the Monthly
Investment Report dated August 31, 2005, in accordance
with the Statement of Investment Policy dated
July 1, 2005 - action requested - ACCEPT FOR
INFORMATION.
OTHER
DEPARTMENTS
AND AGENCIES 3.37 * Resolution Proclaiming October 2005 as Domestic
Violence Awareness Month - Catalyst Domestic Violence
Services is requesting the Board adopt a resolution
proclaiming October as Domestic Violence Awareness
Month - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
3.38 * Emergency Medical Care Committee - action requested -
REAPPOINT RICHARD PRICE, AGRICULTURAL COMMISSIONER
REPRESENTATIVE, AND APPOINT STACY SIMPSON, MOBILE
INTENSIVE CARE NURSE REPRESENTATIVE, TO TERMS TO END
JUNE 30, 2008.
PAGE 10 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
4.00
BOARDS,
COMMISSIONS AND
COMMITTEES 4 . O Z
REGULAR AGENDA
AGENDA -OCTOBER 11, 2005
Boards, Commissions and Committees.
1. Appointments to Listed Vacancies.
2. Board Member or Committee Reports.
BUDGET AND
LEGISLATIVE
UPDATE 4.02 Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
PRESENTATION
AND DISCUSSION
ITEMS 4 . 03
PAGE ll OCTOBER 11, 2005
Adoption of an Ordinance Requiring Solid waste Removal
and Disposal From All Residential Rental Properties -
consideration of an ordinance amending Chapter 31 of
the Butte County Code relating to mandatory garbage
service for rental housing, and amending Chapter 49 of
the Butte County Code relating to landlord
responsibility for illegal dumping by tenants. The
ordinance would establish mandatory garbage service for
any residential rental unit and impose equal
responsibility for abatement costs on landlord and
tenants for garbage illegally dumped by a tenant when
the landlord does not supply regular garbage disposal
service - action requested - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (PUBLIC WORKS [FROM
9-27-05 (4.05) ] )
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 11, 2005
4.04 * A Matter on which a Public Hearing Has Been Held and a
Motion of Intent Adopted - Brent and Debbie Sobrero
Tentative Parcel Map Appeal - on April 12, 2005, the
Board adopted a motion of intent to uphold an appeal of
the Planning Commission's denial of a Tentative Parcel
Map to divide a 40-acre parcel into two 20-acre
parcels. The project site is located on the north side
of Clear Creek Cemetery Road, approximately one mile
east of Clark Road (State Highway 191) approximately 5
miles south of Paradise, and identified as APN 041-110-
135 (MM [TPM 04-07]) - action requested - STAFF
RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-F) AS DETAILED IN THE
STAFF REPORT DATED OCTOBER 11, 2005, GRANT THE
APPEAL AND APPROVE THE REQUEST TO REDUCE THE 300-
FOOT RESIDENTIAL DWELLING SETBACK ON THE WESTERN
BOUNDARY ON PROPOSED PARCELS 1 AND 2;
2. SUBJECT TO FINDINGS II(A-D) AS DETAILED IN THE
STAFF REPORT DATED OCTOBER 11, 2005, ADOPT A
MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS; AND
3 . SUBJECT TO FINDINGS III (A-F) AS DETAILED IN THE
STAFF REPORT DATED OCTOBER 11, 2005, AND THE
CONDITIONS OF APPROVAL, IDENTIFIED AS EXHIBIT "B"
OF THE STAFF REPORT DATED OCTOBER 11, 2005,
APPROVE TENTATIVE PARCEL MAP 04-07 FOR DEBBIE AND
BRENT SOBRERO. (FROM 4-12-05 [5.01])
4.05 Items Removed from the Consent Agenda for Board
Consideration and Action.
PAGE 12
OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 11, 2005
S.O ~ PUBLIC HEARINGS AND TIMED ITEMS
10:30 A.M. 5.01 * Continued Public Hearing - Tentative Parcel Map
Appeal - Sefcik Family Trust - consideration of an
appeal of specific conditions of approval of a proposed
Negative Declaration with mitigation measures regarding
environmental impacts and a Tentative Parcel Map to
divide a 16.25 acre parcel into three parcels for
residential use on property zoned TM-5 (Timber
Mountain - 5 acre parcels) and located on the north
side of Starlight Drive, approximately 1,300 feet
northeast of Schott Road in the Forest Ranch area and
identified as APN 056-280-065 (MM [TPM 05-04]) - action
requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. SUBJECT TO FINDING I AS DETAILED IN THE AGENDA
REPORT DATED OCTOBER 11, 2005, UPHOLD THE APPEAL
OF CONDITION #12, REVISING THE CUL-DE-SAC DESIGN
TO A HAMMERHEAD "T" VEHICLE TURN AROUND AREA AS
DETAILED IN THE STAFF REPORT DATED
OCTOBER 11, 2005;
2. SUBJECT TO FINDING II AS DETAILED IN THE AGENDA
REPORT DATED OCTOBER 11, 2005, DENY THE APPEAL OF
CONDITION # 13; AND
3. SUBJECT TO FINDING III AS DETAILED IN THE STAFF
REPORT DATED OCTOBER 11, 2005, REVISE
CONDITION #11 TO PROVIDE A MINIMUM OF 4" CLASS 2
AGGREGATE BASE OVER THE EXISTING INTERSECTION OF
STARLIGHT DRIVE AND WAGON ROAD AS DETAILED IN THE
AGENDA REPORT DATED OCTOBER 11, 2005. (FROM
8-16-05 [5.01] )
11:00 A.M. 5.02 * Continued Public Hearing - Tentative Parcel Map
Appeal - Kelly Brown - consideration of an appeal of a
denial of a Tentative Parcel Map to divide a 12.69 acre
parcel into two 6.35 acre parcels on property zoned A-5
(Agricultural - 5 acre parcels) and located on the west
side on Jones Avenue, extending northerly 2,040 feet
from the intersection of Bell Road, in the Chico area,
and identified as APN 042-770-032 (CD [TPM 05-03] ) -
action requested - AT THE REQUEST OF THE APPLICANT,
CONTINUE MATTER TO A UNSPECIFIED DATE TO ALLOW
APPLICANT ADDITIONAL TIME TO RESOLVE OUTSTANDING
BUSINESS AND PLANNING ISSUES. (FROM 8-16-05 [5.03])
PAGE 13 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 11, 2005
1:30 P.M. 5.03 * Public Hearing - Ophir Road and Lincoln Boulevard
Signalization Project - Butte County Project Number
21461-98-2 - Mitigated Negative Declaration Regarding
Environmental Impacts - consideration of a Mitigated
Negative Declaration regarding environmental impacts
for the intersection signalization project at Ophir
Road and Lincoln Boulevard, approximately 4 miles east
of State Route 70, and 3.5 miles south of the City of
Oroville - action requested - STAFF IS RECOMMENDING THE
BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE
AGENDA REPORT DATED SEPTEMBER 27, 2005, ADOPT A
MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS FOR THE OPHIR ROAD AND
LINCOLN BOULEVARD INTERSECTION SIGNALIZATION
PROJECT (PROJECT NUMBER 21461-98-2) AND AUTHORIZE
THE CHAIR TO SIGN;
2. ADOPT A "DE MINIMUS" EXEMPTION REGARDING IMPACTS
TO FISH AND WILDLIFE OR THEIR HABITAT, FINDING
THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE
TO FISH AND WILDLIFE OR THEIR HABITAT WITH THE
IMPLEMENTATION OF PROPOSED MITIGATION MEASURES AS
A SAFEGUARD, AND THAT THE COLLECTION OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4 AND
14 CCR 753.5 IS NOT REQUIRED BECAUSE 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 EFFECT ON ANY RIPARIAN
HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON
FEDERALLY PROTECTED WETLANDS AS DEFINED BY
SECTION 404 OF THE CLEAN WATER ACT; INTERFERE
SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE
RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES;
CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES
PROTECTING BIOLOGICAL RESOURCES OR CONFLICT WITH
THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION
PLAN; AND
3. ADOPT A MITIGATION MONITORING AND REPORTING
PROGRAM AND DIRECT THE PUBLIC WORKS DEPARTMENT TO
MAKE THE MITIGATION MONITORING AND REPORTING
PROGRAM A PART OF THE REQUIREMENTS FOR THE
PROJECT.
PAGE 14 OCTOBER 11, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 11, 2005
6 . ~ ~ 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 . ~ ~ CLOSED SESSION
7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(c) TWO POTENTIAL CASES.
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) MARSHALL V. COUNTY OF BUTTE (BUTTE COUNTY
SUPERIOR COURT CASE NO. 134269).
PAGE 15 OCTOBER 11, 2005
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meeting Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are
held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive,
Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates
can be changed as a result of holidays or other events so please check the meeting calendar to be certain.
Copies of the adopted meeting calendar for the year are available in the County Administrative Office or at
the Clerk of the Board website at www.buttecounty.net/cob.
Agenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at least
72 hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the
Board website. A copy of the agenda and supporting materials provided to the Board of Supervisors members
to explain each agenda item (excluding documents that are not a public record within the meaning of the Public
Records Act) are available for your review at the County Administrative Office, the Chico, Oroville, and
Paradise libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies
of supporting materials can be made for you at a charge to cover costs. The list of communications included
with the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may
have been received but not included in the agenda supporting material. Copies of all communications received
by the Board of Supervisors (excluding documents that are not a public record within the meaning of the Public
Records Act) are available at the Administrative Office upon request. An (*) appearing before an agenda item
signifies that material has been provided to the Board of Supervisors members to explain that item.
Agenda Format and
Meeting Order: The agenda is usually organized into the following areas and meetings generally proceed in the following
order:
1. ConsentAgenda: 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 ConsentAgenda, stand and approach the podium and request the item be removed. The removed
items are discussed at the end of the Regular Agenda.
2. Regular Agenda: this is where presentations to the Board and items that require full discussion are
heard. Items removed from the Consent Agenda are discussed under this section.
3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public
hearing are set. This is the section where appeals before the Board are usually discussed. Hearings
may start after the time listed, but will never start before the time listed.
4. Public Comment: this is the area of the agenda where members of the audience may address the
Board on any matter not listed on the agenda. The Board, by law, cannot take action on any matter
not listed on the agenda, but may respond to statements or questions and provide staff direction.
5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain
circumstances. This area ofthe agenda identifies those items that will be discussed during the closed
session.
Public 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