HomeMy WebLinkAboutA102803BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
OCTOBER 28, 2003
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County Supervisors
R.J. "Bob" Beeler, District 1
Jane Dolan, District 2
Mary Anne Houx, District 3
Curt Josiassen, District 4
Kim Yamaguchi, District 5
Paul McIntosh, Chief Administrative Bruce Alpert, County Counsel
Officer and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS
9:00 A.M. 1.00 CALL TO ORDER
AGENDA -OCTOBER 28, 2003
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 CONSENT AGENDA
BEHAVIORAL
HEALTH _ ~"!1 * St. Helena Hospital d.b.a. California Specialty
Hospital - approval is requested for an agreement with
St. Helena Hospital d.b.a. California Specialty
Hospital for the provision of inpatient hospitalization
services to adolescents (111 to 18 years of age)
referred by the department. The term of the agreement
is July 1, 2003, through June 30, 2004. Under the
terms of the agreement, the State will pay directly to
the contractor $635 per day for Acute Psychiatric days
and $295.48 per day for Administrative days. The State
will then offset the department's realignment
allocation by that corresponding amount - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X14515)
_._.~ * Sutter Center for Psychiatry - approval is requested
for an agreement with Sutter Center for Psychiatry for
the provision of inpatient hospitalization services to
adolescents (111 to 18 years of age) referred by the
department. The term of the agreement is July 1, 2003,
through June 30, 2004. Under the terms of the
agreement, the State will pay directly to the
contractor $650 per day for Acute Psychiatric days and
$295.48 per day for Administrative days. The State
will then offset the department's realignment
allocation by that corresponding amount - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X14505)
PAGE 1 OCTOBER 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 28, 2003
_. ,_ * State of California, Department of Mental Health -
approval is requested for a performance agreement with
the State of California, De artment of Mental Health.
p
Pursuant to Welfare and Institutions Code Section 5602,
the County is responsible for establishing community
mental health services to cover the entire area of the
County. The proposed agreement indicates the State's
approval of the County's rendering of such services.
The term of the agreement is July 1, 2003, through
June 30, 2004. There is no funding associated with
this performance agreement - action requested - ADOPT
AND AUTHORIZE THE CHAIR TO SIGN A RESOLUTION ACCEPTING
THE TERMS OF THE PERFORMANCE AGREEMENT; AND APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL.
CHIEF
ADMINISTRATIVE
OFFICE 3. ~"i~ * Public Defender Consortium of Attorneys - Amendments -
approval is requested for amendments to the agreements
with the individual attorneys in the Public Defender
Consortium for the provision of Indigent Defense
Services. The amendments will extend the terms of the
agreements through December 31, 2003, to allow staff
additional time to structure new agreements which
reflect the recommendations contained in the report on
Indigent Defense Services presented to the Board on
September 23, 2003 - action requested - APPROVE
AGREEMENT AMENDMENTS (14) AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
CLERK OF
THE BOARD _ ~"~ ~ * Approval of Minutes - action requested - APPROVE
MINUTES OF AUGUST 12, 2003.
COUNTY CLERK-
RECORDER 3.0~~ * Certification of Statement of Votes Cast - Statewide
Special Election - pursuant to California Elections
Code Section 15372, submitted is the Certification of
Statement of Votes Cast for the Statewide Special
Election held October 7, 2003 - action requested -
ACCEPT CERTIFICATION OF STATEMENT OF VOTES CAST.
COUNTY
COUNSEL 3.0% * Daley & Heft - approval is requested for an agreement
with Daley & Heft for the provision of specialty legal
services to address issues regarding the Humboldt Road
Burn Dump site. The term of the agreement is for one
year, with an hourly compensation rate of $190 per hour
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X14502)
PAGE 2 OCTOBER 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 28, 2003
EMPLOYMENT
AND SOCIAL
SERVICES _j. iJ° * Northern Valley Catholic SOC1al Services - Amendment -
approval is requested for an amendment to the agreement
with Northern Valley Catholic Social Services for the
provision of counseling and assessment services
provided to Children's Services clients. The amendment
extends the term of the agreement through
June 30, 2004, increases the maximum amount payable by
$50,100 (department budget) for the extended term, and
revises the exhibit regarding method and rate of
payment. 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. X14312)
3.09 * Family Tree Services - Amendment - approval is
requested for an amendment to the agreement with Family
Tree Services for the provision of supervised
visitation and parenting services to Children's
Services clients. The amendment extends the term of
the agreement through June 30, 2004, and increases the
maximum amount payable by $25,000 (department budget)
for the extended term. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X14245)
GENERAL
SERVICES 3.1C! * Federal Emergency Management Agency Emergency
Operations Planning Grant - Supplemental Award - on
August 12, 2003, the Board accepted and appropriated
$38,231 of a $96,450 Supplemental Grant Award received
under the Federal Emergency Management Agency's
Emergency Operations Planning Grant Program. Pursuant
to the terms of the grant, the Emergency Services
Officer has completed the necessary documentation to
provide for distribution of grant funds to the various
departments and agencies that will participate in the
grant activities, and Board approval is requested to
distribute grant funds as follows: $25,000 to the Butte
County Sheriff's Office; $5,000 to the Butte County
Sheriff's Communication Reserve, Inc.; $5,000 to the
Butte County Juvenile Hall; $5,000 to the North Valley
Animal Disaster Group; and $5,000 to the Development
Services Department for GIS - action requested -
APPROVE BUDGET TRANSFER B-030 AS DETAILED IN THE AGENDA
REPORT .
PAGE 3 OCTOBER 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 28, 2003
3.11 * Homeland Security Grant Program - Fiscal Year 2003 Part
II Supplemental - the Emergency Services Division has
received notice that the Office of Homeland Security
has awarded the County a Part II Supplemental Grant in
the amount of $521,659 under the Homeland Security
Grant Program for fiscal year 2003. Board approval is
requested to accept and appropriate $506,009 as
detailed in the agenda report ($15,650 will remain in
the General Fund to cover administrative cost related
to the grant). Under the proposed plan $466,010 will
be used to purchase emergency related equipment, and
Board approval is requested for the fixed asset
purchases as detailed in the agenda report. The Fire
Department will purchase the equipment that will be
utilized by that department, and $24,347.74 in
equipment will be purchased and dedicated for use by
the American Red Cross. The award of the Part II
Supplemental also requires the Board adopt a resolution
providing grant assurances - action requested - ADOPT
RESOLUTION APPROVING THE SUPPLEMENTAL GRANT AND
AUTHORIZE THE CHAIR TO SIGN; APPROVE BUDGET TRANSFER
B-035 (4/5 vote required) ACCEPTING AND APPROPRIATING
$506,009 IN UNANTICIPATED GRANT REVENUE AS DETAILED IN
THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASES OF
EQUIPMENT AS DETAILED IN THE AGENDA REPORT.
3.1~ * Kaplan, McLaughlin, Diaz (KMD) - Amendment - approval
is requested for an amendment to the agreement with
Kaplan, McLaughlin, Diaz (KMD) for preparation of the
Butte County Capital Facilities Master Plan. The
amendment extends the term of the agreement through
November 30, 2003. 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. X13936)
HUMAN
RESOUizcES 3.13 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: SHERIFF-CORONER-
SPECIAL ENFORCEMENT UNIT - adds two sunset positions of
Deputy Sheriff (position end dates 10-31-04).
PROBATION-JUVENILE HALL - extends the position end date
for one sunset position of Supervisor-Juvenile Hall
from October 31, 2003, to February 29, 2004. CHILD
SUPPORT SERVICES - deletes the following vacant
positions: one flexibly staffed position of
Administrative Analyst III/II/I, two positions of
Administrative Services Assistant, one flexibly staffed
position of Office Assistant III/II/I, three flexibly
staffed positions of Family Support Case Manager
III/II/I, and one position of Family Support Case
Manager III - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
PAGE 4 OCTOBER 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 28, 2003
INFORMATION
SYSTEMS ~.1~ * State of California, Department of General Services -
approval is requested for a lease exchange agreement
with the State of California, Department of General
Services, on behalf of the California Department of
Forestry and Fire Protection, for radio vault space.
The State will utilize space at the County's St. John
Mountain site in Glenn County in exchange for the
County utilizing space at the State's Bloomer Hill
radio site in Plumas County. The term of the agreement
is November 1, 2003, through October 31, 2008. There
is no money associated with the agreement as long as
the parties are exchanging vault space - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN.
3. L * Radio Vault and Support Equipment - approval is
requested by the Communications Division to purchase a
radio vault and support equipment (emergency
generators, air conditioners and site and foundation
improvements) in the amount of $67,000, and microwave
radio equipment in the amount of $33,000. The
equipment will be used at the Sheriff's Office
substation in Chico. The vault will house radio
equipment, the north County voicemail system, central
networking/switching equipment, and act as the
termination point for the new fiber optic connections
being developed. Funding for the purchases is
available utilizing funds carried over from fiscal year
2002-2003 which were intended to construct a new public
safety radio tower in Chico. Upgrades and replacement
parts to the existing tower extended the equipment's
useful life resulting in savings of $100,000. Approval
is requested for a budget transfer of the carryover
funds to provide the appropriation for the purchases -
action requested - APPROVE BUDGET TRANSFER B-052 (4/5
vote required) ACCEPTING AND ALLOCATING PRIOR YEAR
CARRYOVER FUNDS; AND APPROVE FIXED ASSET PURCHASE OF
RADIO VAULT, SUPPORT EQUIPMENT, AND MICROWAVE RADIO
EQUIPMENT AS DETAILED IN THE AGENDA REPORT.
LIBRARY 3.1!~ * Library Donations - pursuant to Government Code Section
25355, donations of $2,048 from the Oroville Friends of
the Library, $1,000 from the Paradise Friends of the
Library, $553.92 from the Chico Friends of the Library,
$500 from the Beulah Rebekah Lodge No. 60 of Chico, and
$100 from Mrs. Dorothy R. Dingfelder of Chico, have
been received for the Butte County Trust Fund for the
purchase of books - action requested - ACCEPT DONATIONS
AND AUTHORIZE LETTERS OF APPRECIATION.
PAGE 5 OCTOBER 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 28, 2003
PUBLIC
HEALTH 3.1~ * California Family Health Council - Amendment - approval
is requested for an amendment to the revenue agreement
with the California Family Health Council for funds to
support family planning services. The amendment
increases the revenue to the County by $25,309 to fund
TeenSMART activities. 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. R40527)
3.1s * Stonewall Alliance Center - approval is requested for
an agreement with Stonewall Alliance Center for the
provision of HIV/AIDS education and prevention services
to selected high-risk target groups. The term of the
agreement is July 1, 2003, through June 30, 2004, with
a maximum amount payable of $50,000. Funding for the
agreement is provided by a State Department of Health
Services allocation contained within the department's
budget - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.1'=~ * California Department of Health Services - approval is
requested for an amendment to the revenue agreement
with the California Department of Health Services for
funds to support the Women, Infants and Children (WIC)
program. The amendment increases the maximum amount
payable to the County by $190,798, revises agreement
language regarding allocated caseload funding, and adds
freeze exemption provisions. All other terms and
provisions remain the same. The State has allocated
$796,130 for WIC services for the period of
October 1, 2003, through September 30, 2004 - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. R40119)
_.~_. * Butte County Children's Medical Services Plan for
Fiscal Year 2003-2004 - submitted is the Children's
Services Plan for 2003-2004 as required by the State.
The plan summarizes the program activities that will be
accomplished within the Child Health and Disability
Prevention (CHDP) Program and the California Children's
Services (CCS) Program. The programs provide early and
periodic health screenings, and financial assistance
for medical care and therapy for children who have
serious or disabling health problems - action
requested - APPROVE SUBMISSION OF THE 2003-2004
CHILDREN'S MEDICAL SERVICES CHDP/CCS JOINT PLAN TO THE
STATE DEPARTMENT OF HEALTH SERVICES AND AUTHORIZE THE
CHAIR TO SIGN.
PAGE 6 OCTOBER 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 28, 2003
_.~1 * California Department of Health Services - approval is
requested for an agreement with the California
Department of Health Services for the provision of
technical assistance and support in claims processing
and program monitoring for Medi-Cal Administrative
Activities (MAA) and/or Targeted Case Management (TCM)
program activities. The agreement is in support of the
duties of the department in its capacity as Host Entity
for MAA/TCM activities. The term of the agreement is
July 1, 2003, through June 30, 2004, with a maximum
amount payable of $683,687. Funding for the agreement
is provided by participation fees collected from other
counties belonging to the consortium. Currently the
department has budgeted $568,470 for the agreement. To
provide the allocation needed for the agreement, Board
approval is also requested to adjust the department's
revenue and expenditures budgets by $115,217 - action
requested - APPROVE BUDGET TRANSFER B-043 (4/5 vote
required) ACCEPTING AND APPROPRIATING REVENUE AS
DETAILED IN THE AGENDA REPORT; AND APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PUBLIC
woxxs _.~~ * Waste Recovery West, Inc. - approval is requested for
an agreement with Waste Recovery West, Inc., for the
transportation and disposal of waste tires collected at
Butte County Tire Amnesty events. The term of the
agreement is from the date of approval through
June 30, 2004, with a maximum amount payable of
$50,000. Funding for the agreement is provided by a
Tire Amnesty Grant from the California Integrated Waste
Management Board - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
~.~3 * Waste Recovery West, Inc. - approval is requested for
an agreement with Waste Recovery West, Inc., for the
disposal of waste tires stockpiled at the Neal Road
Sanitary Landfill. The term of the agreement is
October 1, 2003, through September 30, 2005, with a
maximum amount payable per year of $25,000 (Neal Road
Sanitary Landfill Management Fund) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
PAGE 7 OCTOBER 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 28, 2003
_.~4 * Contribution to the Town of Paradise - approval is
requested to contribute $5,000 (Neal Road Sanitary
Landfill Management Fund) to the Town of Paradise to
help fund the Paradise Vegetative Waste Collection
Facility for fiscal year 2003-2004. The collection
service targets green and/or yard waste and is part of
the joint efforts between the Town and the County to
comply with the diversion requirements of AB 939 -
action requested - APPROVE CONTRIBUTION IN THE AMOUNT
OF $5,000 AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
FACILITATE FUND TRANSFER.
~.~~ * State of California, Department of Transportation -
approval is requested for four (4) Cooperative
Agreements with the State of California, Department of
Transportation, in support of the proposed State Route
(SR) 149 widening and interchange construction project.
The agreements provide for roadway relinquishments,
detours on Durham-Pentz Road, and relocation of
existing road connections to SR 149 - action
requested - APPROVE AGREEMENTS (4) AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
~.2~~ * Afton Road Bridge Painting Project - County Project No.
16182-93-2 - Notice of Completion - the project
consisted of the removal of existing paint and
corrosion and the application of new paint coatings.
All 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.
SHERIFF'S
OFFICE _~ * Citizens' Option for Public Safety (COPS) Drug
Endangered Children Grant Funds - approval is requested
to accept and appropriate $250,000 in grant funds
received from the United States Department of Justice
for Drug Endangered Children programs. The terms of
the grant require $50,000 be provided to neighboring
counties for their drug interdiction efforts and
protection of children. $20,000 will be transferred to
the Department of Employment and Social Services-
Children's Services Division, for staff call-outs -
action requested - APPROVE BUDGET TRANSFER B-049 (4/5
vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED GRANT REVENUE AS DETAILED IN THE AGENDA
REPORT .
PAGE 8 OCTOBER 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 28, 2003
_.~_ * Forensic Resource Team (FOREST) - Memorandum of
Understanding - approval is requested for a Memorandum
of Understanding between the Sheriff's Office, the
Probation Department, the District Attorney's Office,
the Behavioral Health Department, the Public Defender
Consortium, and the Superior Court of California,
County of Butte, for the provision of Year Three
services in support of the FOREST Program. The
agreement details the duties, responsibilities, and
compensation for each party. The term of the agreement
is July 1, 2003, through June 30, 2004, and sets the
program budget at $796,729 for the Year Three term.
Funding for the agreement is provided by a grant
received from the California Board of Corrections under
the California Mentally Ill Offender Crime Reduction
Grant Program, and Board approval is also requested for
a budget transfer to allocate the funds as detailed in
the agenda report - action requested - APPROVE BUDGET
TRANSFER B-048 (4/5 vote required) ACCEPTING AND
APPROPRIATING GRANT REVENUE AS DETAILED IN THE AGENDA
REPORT; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
TREASURER-
TAX COLLECTOR ~. ~~ * ReSOlutlOn AUthOrlZing the COUnty Of Butte t0 J01n W1th
Other Public Agencies as a Participant of the
Investment Trust of California, Carrying on Business as
CalTrust, to Purchase Shares of the Trust and Certain
Other Matters - approval is requested for a resolution
which would authorize the County's participation in a
pooled investment fund for local governmental agencies.
Participation will provide an additional investment
option for the County's investment pool - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
'.30 * Monthly Investment Report - submitted is the Monthly
Investment Report dated September 30, 2003, in
accordance with the Statement of Investment Policy
dated July 1, 2003 - action requested - ACCEPT FOR
INFORMATION.
PAGE 9 OCTOBER 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 28, 2003
WATER AND
Qsenrrors~
CONSERVATION 3.31 * Camp, Dresser and McKee, Inc. - approval is requested
for a sole source agreement with Camp, Dresser and
McKee, Inc., for the evaluation and update of the Butte
Basin Groundwater Model as part of the Integrated
Watershed and Resource Conservation Plan. The term of
the agreement is from the date of approval through
December 30, 2003, with a maximum amount payable of
$160,000. Funding for the agreement is provided by a
grant from the United States Bureau of Reclamation.
Sole source approval is requested to provide for
continuity in the project to avoid duplication of work
that could delay the project. Camp, Dresser and McKee,
Inc., was awarded the contract to perform the Butte
Basin Groundwater Model and they are in the unique
position of having the background and expertise to
complete the project in the most timely and efficient
manner - action requested - APPROVE SOLE SOURCE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
OTHER DEPARTMENTS
AND AGENCIES _ . _ ~ * TaX Exchange Agreement between the Lake Oroville Area
Public Utility District and the County of Butte - the
Local Agency Formation Commission has received an
application for annexation from the Lake Oroville Area
Public Utility District. Pursuant to Revenue and
Taxation Code Section 99-99.2, a property tax exchange
agreement must be reached between the District and the
County. The Lake Oroville Area Public Utility
District's Board of Directors has certified, by
Resolution No. 17-3, that the change in organization
will be revenue neutral to each affected agency -
action requested - APPROVE PROPERTY TAX EXCHANGE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
_.__ * Sacramento River Reclamation District - the Secretary
of the Sacramento River Reclamation District has
certified that the number of Declarations of Candidacy
for the 2003 Special District Election cycle did not
exceed the number of trustee vacancies. Pursuant to
Elections Code Section 10515, the District is
requesting the Board appoint and declare elected the
candidates who filed - action requested - APPOINT AND
DECLARE ELECTED SHIRLEY J. LEWIS, DONALD O'DELL, BILL
WAGGERSHAUSER AND ROY RONEY, TRUSTEES, TO FOUR YEAR
TERMS ENDING DECEMBER 3, 2007.
PAGE l0 OCTOBER 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 28, 2003
_."~,4 * Western Canal Water District - the Secretary of the
Western Canal Water District has certified that the
number of Declarations of Candidacy for the 2003
General District Election cycle did not exceed the
number of trustee vacancies. Pursuant to Elections
Code Section 10515, the District is requesting the
Board appoint and declare elected the candidates who
filed - action requested - APPOINT AND DECLARE ELECTED
HOMER LUNDBERG, E. FRANKLIN LARRABEE AND KENNETH
ANDERSON, TRUSTEES, TO FOUR YEAR TERMS ENDING
DECEMBER 3, 2007.
~. ~ * Lake Madrone Water District - the Secretary of the Lake
Madrone Water District has certified that the number of
Declarations of Candidacy for the 2003 General District
Election cycle did not exceed the number of trustee
vacancies. Pursuant to Elections Code Section 10515,
the district is requesting the Board appoint and
declare elected the candidates who filed - action
requested - APPOINT AND DECLARE ELECTED DENNIS NAY,
JOHN G. STAPP AND JOHN LOGOTETA, TRUSTEES, TO FOUR YEAR
TERMS ENDING DECEMBER 3, 2007.
-.3~ * Biggs-West Gridley Water District - the Secretary of
the Biggs-West Gridley Water District has certified
that the number of Declarations of Candidacy for the
2003 General District Election cycle did not exceed the
number of trustee vacancies. Pursuant to Elections
Code Section 10515, the District is requesting the
Board appoint and declare elected the candidates who
filed - action requested - APPOINT AND DECLARE ELECTED
THOMAS COLEMAN AND RALPH R. CASSADY, TRUSTEES, TO FOUR
YEAR TERMS ENDING DECEMBER 3, 2007.
4.00 REGULAR AGENDA
APPOINTMENTS ~ . UL * Appointments to Boards, COmm1SS10T1S and Committees .
1. Appointments to Listed Vacancies.
* ~. Water Resource Development Act of 2003 - action
requested - APPOINT BOARD MEMBER TO REPRESENT THE
COUNTY IN DISCUSSIONS WITH LASSEN, PLUMAS, NEVADA
AND SIERRA COUNTIES REGARDING FUNDING AND OTHER
ASPECTS OF H.R. 2557, THE WATER RESOURCES
DEVELOPMENT ACT OF 2003.
PAGE 11
OCTOBER 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 28, 2003
BUDGET AND
LEGISLATIVE
UPDATE 4.02 Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
1. Update on Legislative Issues by Dale Wagerman and
Paul Yoder, Strategic Government Services.
PRESENTATION
AND DISCUSSION
ITEMS
4.03 * Development Permits for Existing Vacant Lots - Report
to the Board - presentation of new information
developed to provide assistance to members of the
public in understanding the parcel review process
associated with the development of property which has
not been previously developed in conformance with a
permit issued by the County - action requested - ACCEPT
FOR INFORMATION; AND PROVIDE STAFF DIRECTION AS
NECESSARY. (PUBLIC WORKS)
4.04 * Local Law Enforcement Block Grant - Expenditure Plan -
consideration of a proposed expenditure plan for grant
funds received from the United States Department of
Justice, Office of Justice Programs, under the Local
Law Enforcement Block Grant Program - action requested
- ACCEPT PUBLIC COMMENT ON EXPENDITURE PLAN; RATIFY THE
SIGNATURE OF THE CHIEF ADMINISTRATIVE OFFICER AS
AUTHORIZED AGENT FOR THE COUNTY; AND APPROVE BUDGET
TRANSFER B-051 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED GRANT REVENUE AS DETAILED
IN THE STAFF REPORT. (SHERIFF-CORONER)
4.~"~~ * Memorandum of Agreement - consideration of a Memorandum
of Agreement between the City of Chico and the County
of Butte regarding cooperative planning in the Chico
Area of Concern - action requested - APPROVE THE
MEMORANDUM OF AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN; AND CONFIRM THAT SUPERVISORS DOLAN AND HOUR SHALL
BE THE BOARD REPRESENTATIVES ON THE CITY/COUNTY
COOPERATIVE PLANNING COMMITTEE. (COUNTY COUNSEL)
4.06 Items Removed from the Consent Agenda for Board
Consideration and Action.
PAGE 12 OCTOBER 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 28, 2003
rJ . OO PUBLIC HEARINGS AND TIMED ITEMS
10:00 ...°°. x.01 * Public Hearing - Certificate of Merger Appeal - Reed B.
Johnson - consideration of an appeal of a denial of a
Certificate of Merger for a project to reconfigure 2
parcels on property located on the northwest corner of
Larkin Road and Johnson Clan Avenue in the Gridley
area, and identified as APN 024-200-067 and 068 -
action requested - STAFF IS REQUESTING THE BOARD
CONTINUE THE MATTER TO DECEMBER 2, 2003.
10:00 A.M. 5.0~ * Public Hearing - Lot Line Adjustment Appeal - Charles
Pfister - consideration of an appeal of a denial of a
lot line adjustment for a project to reconfigure 2
parcels to effect a 1991 Homesite Segregation use
Permit approval on property located on the southeast
corner of Peterson Avenue and Lewis Oak Road in the
Gridley area, and identified as APN 021-190-069 and
070 - action requested - STAFF IS REQUESTING THE BOARD
CONTINUE THE MATTER TO DECEMBER 2, 2003.
10:00 .~.. ~ . ~_i3 * Public Hearing - Certificate of Merger Appeal - David
North - consideration of an appeal of a denial of a
Certificate of Merger for a project to merge 8+
underlying lots into 2 lots on property located on the
south side of Ludlum Avenue, approximately 200 feet
west of Irwin Avenue in the Palermo area, and
identified as APN 026-221-002 - action requested -
STAFF IS REQUESTING THE BOARD CONTINUE THE MATTER TO
DECEMBER 2, 2003.
10:15 .~..... ~ . ~'?4 * Public Hearing - Certificate of Merger Appeal - Brian
Cook - consideration of an appeal of a denial of a
Certificate of Merger for a project to modify the
common property line between 2 parcels located on the
northeast corner of Highway 99 and Drake Avenue in the
Biggs area, and identified as APN 025-120-038 and 046 -
action requested - STAFF IS REQUESTING THE BOARD
CONTINUE THE MATTER TO DECEMBER 2, 2003.
10:15 .~.. ~ . ~~~ ~ * Public Hearing - Certificate of Merger Appeal -
Lawrence E. Crabtree - consideration of an appeal of a
denial of a Certificate of Merger for a project to
reconfigure 2 existing lots located on the south side
of Chico River Road, approximately 400 feet east of
Crouch Avenue in the Chico area, and identified as APN
039-120-031 and 032 - action requested - STAFF IS
REQUESTING THE BOARD CONTINUE THE MATTER TO
DECEMBER 2, 2003.
PAGE 13 OCTOBER 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 28, 2003
10:30 A.M. 5.~=!e * Public Hearing - Rezone - Fourteen Mile House, Inc. -
consideration of a Rezone for 43.2 acres on the east
side of State Route 32, across from Woodland Park Road.
The requested zone is Foothill Recreational-2 acre
minimum parcel size. 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 currently configured in
four individual parcels for residential development.
The parcels are 5.41, 7.24, 17.79, and 12.79 acres in
size. Sewage disposal for the project would be
provided by individual septic tanks, and water would be
obtained from a well on the project site. The property
was rezoned as a part of the Fourteen Mile House PUD
rezone, and residential development has been completed
in the first two "units" of that development. The
subject property is the third "unit" of that
residential development, but is subject to a separate
homeowners association. An environmental analysis was
conducted prior to the approval of said rezone, and
another environmental review was prepared for the
subdivision map approval that created the four parcels.
The property is located on the east side of Highway 32,
across from Woodland Park Road, about two miles south
of Forest Ranch, and identified as APN 063-360-018.
The Butte County Planning Commission has recommended
approval of the project (CS [REZ 03-01]) - action
requested:
1. SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE
STAFF REPORT DATED OCTOBER 28, 2003, ADOPT A
MITIGATED NEGATIVE DECLARATION;
FIND THAT THE DESIGN OF THE PROPOSED PROJECT WILL
NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH OR
WILDLIFE OR THEIR HABITAT AND APPROVE A "DE
MINIMUS" EXEMPTION TO THE COLLECTION OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4 AND
14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN TO
CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE,
SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR
REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY
THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR THE
UNITED STATES FISH AND WILDLIFE SERVICE. THE
PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE
EFFECT ON ANY RIPARIAN HABITAT; HAVE A
SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED
WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN
WATER ACT; CONFLICT WITH ANY LOCAL POLICIES OR
ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR
CONFLICT WITH THE PROVISIONS OF AN ADOPTED
HABITAT CONSERVATION PLAN. THERE IS A POTENTIAL
FOR IMPACTS TO OAK WOODLAND HABITAT WHICH WILL
OCCUR AT THE TIME OF SUBDIVISION DEVELOPMENT AND
THE APPROPRIATE FISH AND GAME FEES WILL BE
COLLECTED AT THAT TIME; AND
(Continued on Page 13)
PAGE 14 OCTOBER 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -OCTOBER 28, 2003
5.06 3. SUBJECT TO FINDINGS III (A AND B) AS DETAILED IN
(Cont.) THE STAFF REPORT DATED OCTOBER 28, 2003, APPROVE
REZONE REZ03-01 FOR FOURTEEN MILE HOUSE (RAY
JOHNSON) ON APN 063-360-018 REZONING FROM PUD
(PLANNED UNIT DEVELOPMENT) TO FR-2 (FOOTHILL
RECREATIONAL - 2 ACRE PARCELS) A 43± ACRE PARCEL;
ADOPT AN ORDINANCE REZONING SAID PROPERTY AND
APPROVE THE CONDITIONAL ZONING AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 9-23-03
[3.21] )
10:45 A.M. 5.C!~ * Public Hearing - Neal Road Landfill Gate Fees -
consideration of an ordinance amending Chapter 3 of the
Butte County Code, entitled "Fees", specifically,
Article VII, entitled "Gate Fees Chargeable at the Neal
Road Landfill". Staff has recommended the Board
increase the tipping fee from $21.25 per ton to $24.00
per ton - action requested - OPEN PUBLIC HEARING TO
ACCEPT PUBLIC INPUT ON PROPOSED FEE INCREASE; CLOSE
HEARING; FIND THAT, IN ACCORDANCE WITH THE STUDY, THE
FEES PROPOSED IN THE STUDY DO NOT EXCEED COSTS AS SET
FORTH IN THE STUDY; AND ADOPT ORDINANCE AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 10-13-03 [3.31])
PAGE 15
OCTOBER 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 28, 2003
11:00 A.M. 5.~=!~? * Public Hearing - Steve Schuster - Tentative Subdivision
Map (Sierra Moon Subdivision) - Appeal Condition of
Approval - consideration of an appeal of Condition
No. 8 of a Tentative Subdivision Map to create 119
single family residential parcels in accordance with a
previously approved Planned Unit Development and
Development Agreement. The property is 300 acres total
in size. The 119 residential parcels would be
clustered in the southwest and northwest portion of the
229 acre area that is the subject of the Development
Agreement and Planned Unit Development. An 89-acre
remainder parcel is also proposed. The proposed
single-family residential lots would range in size from
one-third of an acre to over one acre in size, with
half-acre lots being the predominant size. In
accordance with the Development Agreement, traffic
circulation would be accomplished by subdivision road
connections to Hicks Lane at two locations on the east
side of the property, and Spyglass Road and Guntren
Road on the west side of the property. In accordance
with the Development Agreement, a total of 103 acres of
open space shall be retained along Hicks Road and Mud
Creek, and a total of approximately 32 acres of open
space shall be retained along Keefer Slough and north
of Mud Creek. Drainage and storm water run-off would
be directed into three on-site retention basins.
Sewage disposal would be accomplished by a community
sewage disposal system to be located on the 103-acre
open space parcel. Domestic and fire flow water
supplies would be accomplished through a community
water 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 SR-1/PD (Suburban
Residential-1 acre parcels/Planned Development); OS/PD
(Open Space/Planned Development) and is located north
of Chico and west of the Chico Airport on the west side
of Hicks Lane, approximately 3,000 feet south of Keefer
Road in the North Chico Specific Plan area and
identified as APN 047-710-001 (DB [TSM 03-01]) -
action requested - STAFF IS REQUESTING THE BOARD OPEN
THE HEARING AND CONTINUE IT OPEN TO NOVEMBER 18, 2003.
PAGE 16 OCTOBER 28, 2003
1:00 P.M. ~.Ci_~ * Public Hearing - Development Fees - consideration of an
ordinance amending Butte County Code Sections 3-41,
3-43, 3-44, 3-81, and 3-82, regarding certain fees
chargeable for processing applications for land use
entitlements by the Building and Planning Division of
the Development Services Department and the Land
Development Division of the Public Works Department -
action requested - ADOPT ORDINANCE AMENDING BUTTE
COUNTY CODE AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT
RESOLUTION ESTABLISHING DEVELOPMENT SERVICES DEPARTMENT
BUILDING DIVISION FEE SCHEDULE AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 10-14-03 [4.04])
F) . OO PUBLIC COMMENT
Comments to the Board on issues and items not listed on
the agenda. Presentations will be limited to five
minutes. Please note that pursuant to California state
law, the Board of Supervisors is prohibited from taking
action on any item not listed on the agenda.
7.00 CLOSED SESSION
7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) JONES (RAINWATER) v. COUNTY OF BUTTE; BUTTE
COUNTY SUPERIOR COURT CASE NO. 126573.
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