HomeMy WebLinkAboutA102604BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
OCTOBER 26, 2004
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County Supervisors
R.J. "Bob" Beeler, District 1
Jane Dolan, District 2
Mary Anne Houx, District 3
Curt Josiassen, District 4
Kim Yamaguchi, District 5
Paul McIntosh, Chief Administrative Bruce Alpert, County Counsel
Officer and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS
9:00 A.M. 1.00 CALL TO ORDER
AGENDA -OCTOBER 26, 2004
1.01 Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive,
Oroville.
1.02 Pledge of Alleg iance to the Flag of the United States
of America.
1.03 Observation of a Moment of Silence.
2.00 CORRECTIONS AND~OR CHANGES TO THE AGENDA.
3.00
AGRICULTURAL
COMMISSIONER 3.01
CONSENT AGENDA
State of California, Department of Pesticide
Regulation - approval is requested for a revenue
agreement with the State of California, Department of
Pesticide Regulation, for funds to provide for
electronic submission of quarterly pesticide use
reports to the State. The term of the agreement is
July 1, 2004, through June 30, 2005, with a maximum
amount payable to the County of $9,492 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract No. R40731)
3.02 * State of California, Department of Food and
Agriculture - approval is requested for a revenue
agreement with the State of California, Department of
Food and Agriculture, for funds to provide for an
inspection program for establishments selling and
distributing petroleum products. The term of the
agreement is July 1, 2004, through June 30, 2005, with
a maximum amount payable to the County of $5,850 ($75
per initial inspection) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. R40725)
3.03 * State of California, Department of Food and
Agriculture - approval is requested for a revenue
agreement with the State of California, Department of
Food and Agriculture, for funds to provide services in
support of the Glassy-Winged Sharpshooter/Pierce's
Disease Program. The term of the agreement is
July 1, 2004, through June 30, 2005, with a maximum
amount payable to the County of $113,719 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract No. R40732)
PAGE 1 OCTOBER 26, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 26, 2004
3.04 * State of California, Department of Food and
Agriculture - approval is requested for a revenue
agreement with the State of California, Department of
Food and Agriculture, for funds to provide for an
inspection program for establishments operating as
licensed weighmasters. The term of the agreement is
July 1, 2004, through June 30, 2005, with a maximum
amount payable to the County of $3,000 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract No. R40724)
3.05 * State of California, Department of Food and
Agriculture - approval is requested for a revenue
agreement with the State of California, Department of
Food and Agriculture, for funds to provide services in
support of the High-Risk Pest Exclusion Program. The
term of the agreement is July 1, 2004, through
June 30, 2005, with a maximum amount payable to the
County of $4,793.64 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. R40575)
BEHAVIORAL
HEALTH 3.06 * Youth For Change - approval is requested for a sole
source agreement with Youth For Change for the
provision of specialty mental health services,
rehabilitation services, and medication support
services to clients receiving Medi-Cal benefits. The
term of the agreement is July 1, 2004, through
June 30, 2005, with a maximum amount payable of
$869,353.70 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.07 * Victor Community Support Services, Inc. - approval is
requested for an agreement with Victor Community
Support Services, Inc., for the provision of school-
based mental health services to children receiving
Medi-Cal benefits. The term of the agreement is
October 1, 2004, through June 30, 2005, with a maximum
amount payable of $894,415 (department budget). The
agreement is the result of a Request For Proposal -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
3.08 * Caminar, Inc. - approval is requested for a sole source
agreement with Caminar, Inc., for the provision of
vocational and work experience services for referred
clients. The term of the agreement is July 1, 2004,
through June 30, 2005, with a maximum amount payable of
$217,557.60 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
PAGE 2 OCTOBER 26, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 26, 2004
3.09 * James E. Pannell, Jr., MFT - approval is requested for
a sole source agreement with James E. Pannell, Jr., for
the provision of specialty mental health services for
clients receiving Medi-Cal benefits. The term of the
agreement begins October 26, 2004, and continues until
terminated by either party. Services are billed
pursuant to the payment rate schedule and are invoiced
as provided (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.10 * Enloe Medical Center - approval is requested for a sole
source agreement with Enloe Medical Center for the
provision of the Touchstone Perinatal Program for
fiscal year 2004-2005. The term of the agreement is
July 1, 2004, through June 30, 2005, with a maximum
amount payable of $513,564 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.11 * Budget Transfer - approval is requested for a transfer
of $37,750 from the Behavioral Health Department budget
to the Probation Department budget for services in
support of the Proposition 36 Program - action
requested - APPROVE A BUDGET TRANSFER ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
3.12 * Resolution of Support for the Mental Health Services
Act - approval is requested for a resolution of support
for the Mental Health Services Act; Proposition 63 on
the November 2, 2004, ballot. The proposition would
generate funding for increased mental health services -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
CHIEF
ADMINISTRATIVE
OFFICE 3.13 *
PAGE 3 OCTOBER 26, 2004
California Clean Water, Clean Air, Safe Neighborhood
Parks, and Coastal Protection Act of 2002 - approval is
requested for resolutions approving the pass through
of grant funds received under the Per Capita Grant
Program and Roberti-Z'Berg-Harris Block Grant Program
under the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of 2002.
The County was allocated $1,523,456 which will be
disbursed to the following eligible agencies based on
population served: County of Butte ($66,913), Durham
Recreation and Park District ($36,656), Paradise
Recreation and Park District ($224,969), Feather River
Recreation and Park District ($266,729), Chico Area
Recreation and Park District ($350,101), City of Biggs
($13,104), City of Gridley ($41,630), City of Oroville
($95,930), Town of Paradise ($77,322), and City of
Chico ($350,101) - action requested - ADOPT RESOLUTIONS
(5) AND AUTHORIZE THE CHAIR TO SIGN.
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 26, 2004
3.14 * Resolution Approving the Appropriation of Remittance
Payments in Fiscal Year 2004-2005 and Authorizing and
Directing Certain Actions in Connection Therewith -
approval is requested for a resolution which will
provide for the appropriation of funds to make
remittance payments pursuant to a remittance agreement,
and other actions needed to support the County's
transition to a self-insured Workers' Compensation
program - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
CHILD SUPPORT
SERVICES 3.15 * Unanticipated Revenue - approval is requested to accept
and appropriate $11,455 received from the sale of a
surplus department vehicle - action requested - APPROVE
A BUDGET TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
DISTRICT
ATTORNEY 3.16 * Unanticipated Revenue - approval is requested to accept
and appropriate $12,000 from the Environmental
Protection Trust Fund to the department's budget to
provide the appropriation needed to pay mileage
reimbursement to the Special Deputy District Attorney
responsible for prosecuting environmental cases -
action requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING TRUST FUND
REVENUE AS DETAILED IN THE AGENDA REPORT.
FIRE
DEPARTMENT 3.17 * Donation of Funds - pursuant to Government Code Section
25355, a donation of $4,000 has been received from
Cleanrite-Buildrite, Inc. The donation represents the
proceeds from the second annual Fire on the Fairway
Golf Tournament - action requested - ACCEPT DONATION
AND AUTHORIZE A LETTER OF APPRECIATION.
GENERAL
SERVICES 3.18 * Homeland Security Grant Program Funds for Fiscal Year
2002 - approval is requested by the Emergency Services
Division to accept and appropriate $2,403 in
unallocated fiscal year 2002 Homeland Security Grant
Program Funds. The additional funds will be used to
purchase program-approved equipment - action
requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
GRANT REVENUE AS DETAILED IN THE AGENDA REPORT.
PAGE 4 OCTOBER 26, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 26, 2004
3.19 * Fixed Asset Equipment Purchase - approval is requested
by the Emergency Services Division for the fixed asset
purchase of an Explosive Ordinance Disposal (EOD)
Helmet in the amount of $5,304. An EOD Helmet was part
of the equipment to be purchased under the Homeland
Security Grant Program in fiscal year 2003, but it was
not included as a fixed asset item so purchasing
approval is now required. Approval is also requested
for a transfer of grant funds between budget line items
to provide the appropriation needed for the purchase -
action requested - APPROVE FIXED ASSET PURCHASE OF
EXPLOSIVE ORDINANCE DISPOSAL HELMET; AND APPROVE A
BUDGET TRANSFER APPROPRIATING GRANT FUNDS AS DETAILED
IN THE AGENDA REPORT.
HUMAN
12ESOUizcES 3.20 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: SHERIFF-CORONER -
SERVICES - extends the position end date of one sunset
position of Sheriff's Clerk II from 12-31-04 to
12-31-05. SHERIFF-CORONER - SPECIAL ENFORCEMENT UNIT -
extends the position end date of one sunset position of
Deputy Sheriff from 10-31-04 to 6-30-05. AGRICULTURAL
COMMISSIONER - adds one sunset position of
Agricultural/Weights & Measures Inspector (position end
date of 6-30-05) PUBLIC HEALTH-GENERAL SERVICES -
converts one sunset position of Information Systems
Analyst III/II/I (position end date of 6-30-05) to a
permanent position. Adds one position of Program
Manager-Public Health. CHILD SUPPORT SERVICES - adds
one term position of Courier/Stock Clerk (position end
date of 3-31-06) SALARY PLAN FOR CLASSIFIED
POSITIONS, REFERENCE F, MANAGEMENT, CONFIDENTIAL AND
SUPERVISORY UNIT CLASSIFICATION - adds the position of
Program Manager-Public Health and sets the salary range
at $28.99 to $35.23 - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.21 * Sigma Data Systems, Inc. - approval is requested for a
software license agreement with Sigma Data
Systems, Inc., for the provision of a system upgrade
for the department's automated applicant management
system. The term of the agreement is for the life of
the product, with a maximum amount payable of
$32,355.75 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
PAGE 5 OCTOBER 26, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 26, 2004
LIBRARY 3.22 * Small Business in a Box Mini-Grant Program - approval
is requested to accept and appropriate $7,000 in grant
funds received from the California State Library for
materials and programming to reach out to the business
community with information and services - action
requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
GRANT REVENUE AS DETAILED IN THE AGENDA REPORT.
PROBATION
DEPARTMENT 3.23 * Butte Interagency Narcotics Task Force/Butte County
Probation Department - approval is requested for a
Memorandum of Understanding with the Butte Interagency
Narcotics Task Force for the lease of office space.
The term of the agreement is July 1, 2004, through
June 30, 2005, with a maximum amount payable to the
County of $17,064.51. Board approval is also requested
to accept and appropriate the unanticipated revenue -
action requested - APPROVE AGREEMENT 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 LEASE REVENUE AS DETAILED IN THE AGENDA
REPORT .
PUBLIC
HEALTH 3.24 * California Department of Health Services - approval is
requested for a grant agreement with the California
Department of Health Services for funds to support
bioterrorism preparedness and response activities. The
term of the agreement is July 1, 2004, through
August 30, 2005, with a maximum amount payable to the
County of $462,992 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER;
AND APPROVE THE CERTIFICATION FORM AGAINST SUPPLANTING
AND AUTHORIZE THE CHAIR TO SIGN.
3.25 * California Department of Health Services - Amendment -
approval is requested for an amendment to the revenue
agreement with the California Department of Health
Services for funds to provide the Women, Infants and
Children program. The amendment increases the maximum
amount payable to the County by $39,785, and revises
the agreement's exhibits and attachments to reflect the
increase. 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. R40199)
PAGE 6 OCTOBER 26, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 26, 2004
3.26 * California Department of Health Services - Fiscal
Year 2004-2005 Rural Health Services Program Funds -
approval is requested for a declaration of intent not
to apply for fiscal year 2004-2005 Rural Health
Services Program Funds. Legislation currently exists
which permits the State to administer the Hospital
Services, Physician Services, and Children's Treatment
Program allocations for counties. The State's
administration relieves counties of several
requirements to document and report expenditures and
program activities - action requested - APPROVE THE
DECLARATION OF INTENT NOT TO APPLY FOR THE FISCAL YEAR
2004-2005 RURAL HEALTH SERVICES PROGRAM FUNDS AND
AUTHORIZE THE CHAIR TO SIGN.
3.27 * Donation of Funds - pursuant to Government Code Section
25355, the department has received a $500 anonymous
donation. The funds are to be used to continue public
education about West Nile Virus - action requested -
ACCEPT DONATION.
PUBLIC
woxxs 3.28 * Resolution in Recognition of Richard O. Fox Upon His
Retirement from the County of Butte - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.29 * Resolution in Recognition of John B. Butler Upon His
Retirement from the County of Butte - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.30 * Fixed Asset Purchase - approval is requested to
purchase two Cab/Chassis for two 5-yard dump trucks in
the amount of $99,020, plus tax. The department's
budget included $90,000 for the purchase, and approval
is also requested to utilize savings from another fixed
asset equipment purchase to provide the remaining
needed funds - action requested - AUTHORIZE THE FIXED
ASSET PURCHASE OF TWO CAB/CHASSIS; AND AUTHORIZE THE
USE OF FIXED ASSET SAVINGS.
3.31 * Compressed Natural Gas (CNG) Fueling Facilities
Funding - approval is requested to accept and
appropriate $45,000 from the Charges For Services
revenue account into the department's operating budget
to provide the appropriation needed for equipment
improvements at the County's CNG fueling facilities -
action requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
PAGE 7 OCTOBER 26, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 26, 2004
3.32 * Partial Final Closure, Modules 1, 2, and 3 at the Neal
Road Sanitary Landfill - Funding - approval is
requested to accept and appropriate $250,000 from the
Landfill Enterprise Fund Retained Earnings account to
the department's operating budget to provide the
appropriation needed to fund the Contract Change Orders
required to complete the project - action requested -
APPROVE A BUDGET TRANSFER (4/5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN
THE AGENDA REPORT.
3.33 * Reconstruction of Holland Avenue - County Project No.
42253-01-1 - Contract Change Order (CCO) No. 1 -
CCO No. 1, in the increasing amount of $1,500.36,
provides for the adjustment of contract quantities to
meet field conditions, and the additional work required
to remove concrete driveway approaches and driveway
aprons - action requested - APPROVE CONTRACT CHANGE
ORDER NO. 1 AND AUTHORIZE THE CHAIR TO SIGN.
3.34 * Installation of Storm Drain Facilities and Partial
Reconstruction of Holland Avenue from Florida Lane to
Durham Dayton Highway - County Project No. 42253-01-1 -
Notice of Completion - the project consisted of the
reconstruction of the two lane roadway with aggregate
base and surfacing with asphalt concrete, installation
of drainage facilities, and installation of concrete
curb, gutter and sidewalks along the west side. All
contract work has been completed in accordance with
plans and specifications - action requested - ACCEPT
CONTRACT WORK; APPROVE NOTICE OF COMPLETION AND
AUTHORIZE THE CHAIR TO SIGN; AND DIRECT RECORDING OF
THE NOTICE OF COMPLETION.
3.35 * Relief of Accountability - approval is requested for
relief of accountability for a fixed asset computer
transferred to surplus as a non-fixed asset item. The
District Attorney and Auditor-Controller have reviewed
the request - action requested - GRANT RELIEF OF
ACCOUNTABILITY.
3.36 * California State University, Chico - Amendment -
approval is requested for an amendment to the revenue
agreement with California State University, Chico, for
provision of the "no-fare" bus service program to
students, faculty and staff. The University reimburses
the County monthly based on the actual number of riders
per month. The amendment extends the term of the
agreement through June 30, 2005, and sets the maximum
amount payable to the County at $24,000 for the
extended term. All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. R40046)
PAGE 8 OCTOBER 26, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 26, 2004
SHERIFF'S
OFFICE 3.37 * Resolution in Recognition of Floyd L. Kirk, Jr., Upon
His Retirement from the County of Butte - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.38 * Local Law Enforcement Block Grant Funds - approval is
requested to transfer interest earnings in the amount
of $1,149 from the Local Law Enforcement Block Grant
Funds account to the department's operating budget to
provide the appropriation needed to purchase Taser
Intermediate Weapon cartridges, a grant approved
expenditure - action requested - APPROVE A BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
3.39 * California Multi-Jurisdictional Methamphetamine
Enforcement Team (Cal MMET) Grant Funds - approval is
requested to accept and appropriate Cal MMET Grant
funds for fiscal year 2004-2005. The department
received an award of $60,400 for the program, and
$79,300 for equipment, and Board approval is requested
for the fixed asset purchase of a new Cessna 182 plane
engine in the amount of $24,694 utilizing the equipment
grant funds. Board approval is also requested to
authorize the Human Resources department to prepare a
salary ordinance amendment which will extend the sunset
Deputy Sheriff position associated with the program
from October 31, 2004, to February 28, 2005 - action
requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
GRANT REVENUE AS DETAILED IN THE AGENDA REPORT; APPROVE
FIXED ASSET PURCHASE OF AIRPLANE ENGINE; AND DIRECT THE
HUMAN RESOURCES DEPARTMENT TO PREPARE A SALARY
ORDINANCE AMENDMENT EXTENDING ONE SUNSET DEPUTY
SHERIFF'S POSITION AS DETAILED IN THE AGENDA REPORT.
3.40 * Equipment Purchase Transfer - approval is requested to
transfer $10,000 from the asset seizure trust funds to
the department's operating budget to provide the
appropriation needed to purchase ten Taser Intermediate
Weapons and cartridges - action requested - APPROVE A
BUDGET TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED TRUST FUND REVENUE AS
DETAILED IN THE AGENDA REPORT.
TREASURER-
TAx COLLECTOR 3.41 * Monthly Investment Report - submitted is the Monthly
Investment Report dated September 30, 2004, in
accordance with the Statement of Investment Policy
dated July 1, 2004 - action requested - ACCEPT FOR
INFORMATION.
PAGE 9 OCTOBER 26, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 26, 2004
OTHER DEPARTMENTS
AND AGENCIES 3 . 42 North State Cooperative Library System Advisory Board -
action requested - REAPPOINT DAVID WILKINSON TO A TERM
TO END JUNE 30, 2006.
3.43 Butte County Library Advisory Board - action
requested - APPOINT CINDY GARIGLIANO TO A VACATED TERM
TO END DECEMBER 31, 2004.
4.00 REGULAR AGENDA
BOARDS,
COMMISSIONS AND
COMMITTEES 4 . 01 * Boards, Commissions and Committees .
1. Appointments to Listed Vacancies.
2. Butte County Water Commission-Technical Advisory
Committee - action requested - ACCEPT THE
RECOMMENDATION OF THE WATER COMMISSION TO REVISE
THE COMPOSITION OF THE TECHNICAL ADVISORY
COMMITTEE BY REMOVING BOB FORTING, CRAIG BOLGER
AND JEROLD BEHNKE, AND APPOINTING RICHARD PRICE,
HUE DANG AND DEBBIE SPANGLER.
3. Board Member or Committee Reports.
BUDGET AND
LEGISLATIVE
UPDATE 4 . 0 2
PRESENTATION
AND DISCUSSION
ITEMS 4.03
Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
* Resolution of Opposition to Measure D - consideration
of a resolution of opposition to a proposed initiative
that would prohibiting the growing of genetically
engineered organisms countywide - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(SUPERVISOR HOUR)
4.04 * Nuisance Abatement Program - Report to the Board -
update on the County's nuisance abatement program -
action requested - ACCEPT FOR INFORMATION.
(DEVELOPMENT SERVICES)
PAGE 10 OCTOBER 26, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 26, 2004
4.05 * Drought Preparedness Plan - consideration of the
adoption of a Drought Preparedness and Mitigation Plan.
Development and adoption of a plan is part of the
County's Integrated Water Resources Plan - action
requested - DIRECT STAFF TO MAKE THE RECOMMENDED
CHANGES DETAILED IN THE STAFF REPORT; AND ACCEPT THE
RECOMMENDATION OF THE WATER COMMISSION AND ADOPT A
RESOLUTION APPROVING THE PLAN AND AUTHORIZE THE CHAIR
TO SIGN. (WATER AND RESOURCE CONSERVATION)
4.06 * A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND A
MOTION OF INTENT ADOPTED - Appeal of Conditions of a
Tentative Parcel Map - Edward Niderost - on
January 13, 2004, the Board adopted a Motion of Intent
to uphold the appeal of 3 conditions of approval on a
Tentative Parcel Map to divide a 2-acre parcel into (2)
1-acre parcels. The property is zoned SR-1 (Suburban
Residential - 1 acre parcels) and is located on the
north side of Butte Avenue, at the intersection of
Butte Avenue and Northgraves Avenue, Chico, and is
identified as APN 004-490-020 (MM [TPM 03-20]) - action
requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTION:
1. SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN
THE STAFF REPORT DATED OCTOBER 26, 2004, GRANT
THE APPEAL AND APPROVE THE EXCEPTION REQUEST TO
CONDITION NO. 9 TO SUBMIT ROAD AND DRAINAGE
IMPROVEMENT PLANS FOR THE INSTALLATION AND
CONSTRUCTION OF THE STREET FRONTAGE IMPROVEMENTS
ON ONE-HALF STREET FOR BUTTE AVENUE AND
NORTHGRAVES AVENUE TO A RS-9 STANDARD;
2. SUBJECT TO FINDING II (A) AS DETAILED IN THE
STAFF REPORT DATED OCTOBER 26, 2004, GRANT THE
APPEAL TO MODIFY CONDITION NO. 4 TO ALLOW FUTURE
RESIDENTIAL DWELLINGS TO BE PLACED AT LEAST 115
FEET FROM ADJACENT AGRICULTURAL OPERATIONS
REQUIRING SPRAY (90 FEET FROM THE SOUTH PROPERTY
LINE), BASED ON THE EXITING DWELLINGS LOCATED ON
THE ADJACENT PARCELS; AND
3. SUBJECT TO FINDING III (A) AS DETAILED IN THE
STAFF REPORT DATED OCTOBER 26, 2004, GRANT THE
APPEAL TO REMOVE CONDITION NO. 23 REQUIRING
PAYMENT INTO A WATER TENDER FUND. (DEVELOPMENT
SERVICES)
PAGE ll OCTOBER 26, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 26, 2004
4.07 * State of California, Department of Transportation -
Cooperative Agreement - consideration of an agreement
for realignment of a portion of River Road at the State
Route 32 intersection - action requested - APPROVE
COOPERATIVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND DIRECT STAFF TO ENCOURAGE CALTRANS TO
CONSIDER ALTERNATIVES TO THE REALIGNMENT OF RIVER ROAD
THAT REDUCES THE IMPACT OF THE PROPOSED PROJECT ON THE
ORCHARD PROPERTY, BUT STILL MEETS THE PURPOSE AND NEED
FOR THE HIGHWAY SAFETY IMPROVEMENT PROJECT. (PUBLIC
WORKS)
4.08 * Lake Oroville Relicensing - Report to the Board -
update on the Federal Energy Regulatory Commission
(FERC) Lake Oroville Relicensing Project, Protection,
Mitigation and Enhancement measures, and settlement
negotiations - action requested - ACCEPT FOR
INFORMATION; AND BOARD DISCUSSION AND DIRECTION AS
NEEDED. (COUNTY COUNSEL)
4.09 Items Removed from the Consent Agenda for Board
Consideration and Action.
rJ . OO PUBLIC HEARINGS AND TIMED ITEMS
10:15 A.M. 5.01 * Public Hearing - Joel Hall Tentative Parcel Map
Appeal - consideration of an appeal of the Planning
Commission's denial of a proposal for a single parcel
Amending Tentative Parcel Map to modify a mitigation
measure of a recorded Parcel Map. 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 A-40
(Agricultural - 40 acre minimum parcel size) and
located on the south side of Cana Highway,
approximately 2,600 feet west of Highway 99, north of
Chico, and identified as APN 047-100-0182 (CD [T PM 04-
02]) - action requested - THE PLANNING COMMISSION
RECOMMENDS THE BOARD DENY THE REQUEST TO REPLACE THE
"NO RESIDENTIAL DEVELOPMENT" RESTRICTION WITH A "300-
FOOT SETBACK" RESTRICTION.
PAGE 12 OCTOBER 26, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 26, 2004
10:30 A.M. 5.02 * Continued Public Hearing - Margaret Mills - Tentative
Parcel Map - consideration of an appeal of the
Development Review Committee's denial of a Tentative
Parcel Map to divide a 10+/- acre parcel into two 5
acre parcels on property zoned A-5 (Agricultural - 5
acre parcels). This is an item not subject to
environmental review (only if the Board chooses to deny
the appeal). The property is located on the east side
of Dunstone Drive, approximately 3,400 feet south of
Avocado Road, in the Bangor area, and identified as APN
028-200-041 (CS [T PM 03-11]) - action requested - AT
THE REQUEST OF STAFF AND THE APPLICANT, CONTINUE
HEARING OPEN TO AN UNSPECIFIED DATE TO ALLOW THE
APPLICANT'S PARTICIPATION IN THE UPCOMING GENERAL PLAN
UPDATE HEARINGS. (FROM 5-25-04 [5.01])
10:35 A.M. 5.03 * Public Hearing - Feather River Recreation and Park
District - Park Facility Fee - consideration of an
ordinance and resolution, pursuant to Article I,
Section 1 of the Butte County Charter and Article XI,
Section 7 of the California Constitution, for the
purpose of amending Butte County Code Chapter 16 to
authorize a park facility fee, and to assess and levy
the fee upon any owner of real property located in the
unincorporated area of Butte County within the Feather
River Recreation and Park District. The proposed fee
covers several types of park facilities including
public use (community center) facilities, aquatic
center facilities, and parkland acquisition and
development - action requested - ADOPT ORDINANCE AND
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
10:45 A.M. 5.04 * Public Hearing - Paradise Recreation and Park
District - Park Facility Fee - consideration of an
ordinance and resolution, pursuant to Article I,
Section 1 of the Butte County Charter and Article XI,
Section 7 of the California Constitution, for the
purpose of amending Butte County Code Chapter 16 to
authorize a park facility fee, and to assess and levy
the fee upon any owner of real property located in the
unincorporated area of Butte County within the
Paradise Recreation and Park District. The proposed
fee covers several types of park facilities including
parkland acquisition, park development, aquatic
facilities, and district facilities - action
requested - ADOPT ORDINANCE AND RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN
PAGE 13 OCTOBER 26, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 26, 2004
10:55 A.M. 5.05 * Timed Recess - Recess to Attend USDA Oroville Service
Center Ribbon Cutting and Open House at the USDA
Oroville Service Center, 150 Chuck Yeager Way,
Oroville.
1:00 P.M. 5.06 * Public Workshop - Wastewater Treatment Report -
presentation of a report, and discussion regarding the
current issues surrounding wastewater treatment and
upcoming issues which will impact wastewater treatment
in Butte County - action requested:
1. DIRECT STAFF TO PURSUE CONSULTING CONTRACTS TO
ASSIST THE BOARD AND STAFF IN DEVELOPMENT OF
POLICY RECOMMENDATIONS FOR WASTEWATER TREATMENT
SYSTEMS, INCLUDING THE DEVELOPMENT OF EITHER A
NEW REGIONAL WASTEWATER TREATMENT PLANT OR
REGIONAL WASTEWATER TRUNK LINE TO SERVE FUTURE
GROWTH AREAS IDENTIFIED IN THE GENERAL PLAN
UPDATE;
2. DIRECT STAFF TO EXPLORE FUNDING POTENTIALS TO
EXPAND CURRENT TREATMENT PLANT CAPABILITIES AND
TO EXPLORE THE FEASIBILITY OF DEVELOPMENT OF A
NEW PLANT POTENTIALLY OWNED AND OPERATED BY THE
COUNTY OF BUTTE; AND
3. DIRECT STAFF TO INCLUDE THE DEVELOPMENT OF
WASTEWATER TREATMENT POLICIES AS PART OF THE
GENERAL PLAN UPDATE.
F) . OO PUBLIC COMMENT
Comments to the Board on issues and items not listed on
the agenda. Presentations will be limited to five
minutes. Please note that pursuant to California state
law, the Board of Supervisors is prohibited from taking
action on any item not listed on the agenda.
PAGE 14 OCTOBER 26, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 26, 2004
7.00 CLOSED SESSION
7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a)
1. WHEAT V. COUNTY OF BUTTE
(BUTTE COUNTY SUPERIOR COURT CASE NO. 128644)
2. ROWS V. COUNTY OF BUTTE
(BUTTE COUNTY SUPERIOR COURT CASE NO. 128705)
3. NATIONAL ALLIANCE FOR THE MENTALLY ILL V. COUNTY
OF BUTTE (USDC EASTERN DISTRICT CIV-S-03-1087)
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(b)(1) ONE POTENTIAL CASE.
PAGE 15 OCTOBER 26, 2004
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