HomeMy WebLinkAboutA110805BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
NOVEMBER 8, 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 -NOVEMBER 8, 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
AGRICULTURAL
COMMISSIONER 3.01 * Sonoma Ecology Center - approval is requested for a
grant agreement with Sonoma Ecology Center for funds to
eradicate Arundo Donax, a noxious riparian weed, at the
Grey Lodge wildlife Preserve. The term of the
agreement is August 4, 2005, through March 14, 2008,
with a maximum amount payable to the County of $25,874
for the multi-year term ($10,000 in 2005-2006, $8,500
in 2006-2007, and $7,374 in 2007-2008). The department
included an allocation of $5,000 in its fiscal year
2005-2006 budget, and Board approval is also requested
to accept and appropriate the additional $5,000
allocation - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE A BUDGET
TRANSFER (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
3.02 * State water Resources Control Board - approval is
requested for a revenue agreement with the State water
Resources Control Board for funds to support an
Irrigated Lands Conditional waiver Program. The
department will provide inspections of watershed
monitoring locations, assist in identifying sources of
water quality exceedance, and provide information on
watershed activities. The term of the agreement is
July 1, 2005, through June 30, 2006, with a maximum
amount payable to the County of $67,860. Board
approval is also requested to accept and appropriate
the unanticipated revenue, and to authorize the
allocation of funds for one sunset position of
Agricultural Biologist/w&M Inspector to support grant
activities - action requested - ADOPT RESOLUTION
APPROVING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN;
AUTHORIZE THE AGRICULTURAL COMMISSIONER TO SIGN
AGREEMENT; AND APPROVE A BUDGET TRANSFER (4 /5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT; (Contract No.
R40807)
PAGE 1 NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
BEHAVIORAL
HEALTH 3.03 * 7TH Avenue Center - approval is requested for a sole
source agreement with 7t'' Avenue Center for the
provision of residential board and care enhancement
services for mentally disordered clients. The term of
the agreement is July 1, 2005, through June 30, 2006,
with a maximum amount payable of $120,656.25
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
CHIEF
ADMINISTRATIVE
OFFICE 3.04
3.05
CHILD SUPPORT
SERVICES 3.06 *
Introduction of an Ordinance Amending Article X,
Section 2-71 of the Butte County Code - approval is
requested for an ordinance which will increase the
meeting compensation for Butte County Planning
Commission members from $30.00 per meeting to $70.00
per meeting, and provide for reimbursement of
Commission-related training and conference expenses.
Board approval is also requested for a transfer of
$5,000 from the General Fund Appropriation for
Contingencies to the Development Services Department's
budget to provide the allocation for travel and
training expenses - action requested - WAIVE READING OF
THE ORDINANCE; AND APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING $5,000 FROM THE
GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS
DETAILED IN THE AGENDA REPORT.
AGENDA -NOVEMBER 8, 2005
o the agreement with
preparation of sewer
Chico Urban Area and
support of the Chico
Plan. The amendment
agreement through
maximum amount payable
by $20,000 (County Service Area No. 114 budget). All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. X10804)
requested for an amendment t
NorthStar Engineering for the
facilities studies within the
County Service Area No. 114 in
Urban Area Nitrate Compliance
extends the term of the
June 30, 2007, and increases the
NorthStar Engineering - Amendment - approval is
Administrative Allocation for State Disbursement Unit
Implementation Activities - approval is requested to
accept and appropriate $23,307 received from the
California Department of Child Support Services as an
additional allocation for existing collections/State
Disbursement Unit implementation activities for fiscal
year 2005-2006 - action requested - APPROVE A BUDGET
TRANSFER (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
PAGE 2 NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 8, 2005
3.07 * Electronic Data Processing Maintenance and Operations
Allocation - approval is requested to accept and
appropriate $1,905 received from the California
Department of Child Support Services as an additional
award under the Electronic Data Processing Maintenance
and Operations allocation. The funds will be used for
training and travel expenses - action requested -
APPROVE A BUDGET TRANSFER (4 /5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN
THE AGENDA REPORT.
CLERK OF
THE BOARD 3.08 * 2006 Board Meeting Calendar - action requested - ADOPT
THE 2006 BOARD OF SUPERVISORS AGENDA MEETING CALENDAR
AS PRESENTED.
DEVELOPMENT
SERVICES 3.09 * willdan - Amendment - approval is requested for an
amendment to the agreement with willdan for the
provision of plan examination and building permit/
inspection services. The amendment increases the
maximum amount payable by $405,000 for plan check and
inspection services for fiscal year 2005-2006. All
other terms and provisions remain the same. Board
approval is also requested for a transfer of $316,630
from the General Fund Appropriation for Contingencies
to fund unbudgeted prior and current year costs related
to the willdan agreement and management consultant
costs in the absence of a permanent Director - action
requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING $316,630 FROM THE
GENERAL FUND APPROPRIATION FOR CONTINGENCIES; AND
APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X14838) (FROM
10-25-05 [3.14] )
DISTRICT
ATTORNEY 3.10 * Expert witness Fees - approval is requested for the
payment of expert witness services in the amount of
$4,261.53 (department budget). The expert witness
services were provided for a sexually violent predator
re-commitment trial. Due to an administrative
oversight, an agreement for services was not completed
until after the services were rendered, requiring Board
approval for payment - action requested - AUTHORIZE
PAYMENT OF INVOICE IN THE AMOUNT OF $4,261.53 FOR
EXPERT WITNESS SERVICES.
PAGE 3 NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 8, 2005
EMPLOYMENT
AND SOCIAL
SERVICES 3.11 * Resolution Acknowledging the T.J. Memorial Butte County
Toy Run Committee - pursuant to Government Code Section
25355, approval is requested to accept and acknowledge
the equipment and supplies, valued at $1,000, donated
by the T.J. Memorial Butte County Toy Run Committee to
complete the remodel of an outdoor space at the Butte
Community Employment Center for Children's Services
clients. The proposed resolution recognizes the T.J.
Memorial Toy Fund organization for their contribution
of painting and equipping the outdoor play area -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
3.12 * Refugee Employment and Social Services Plan and Grant
Funds - approval is requested to accept and appropriate
$49,100 received from the State of California,
Department of Social Services, Refugee Programs Bureau.
The funds represent a one-time allocation of federal
fiscal year 2004 Refugee Employment and Social Services
Grant funds. The funds will assist the County in
providing services to Hmong refugees. As a condition
of funding the County is required to submit a plan that
includes the types of services that will be provided
and a budget reflecting the allocation amount. The
Department will also be using Temporary Assistance for
Needy Families (TANF) Performance Incentive Funds in
the amount of $75,900 to extend services through
September 2006, and Board approval is also requested to
accept and appropriate the TANF funds - action
requested - APPROVE THE REFUGEE EMPLOYMENT AND SOCIAL
SERVICES PLAN; AND APPROVE A BUDGET TRANSFER (4 /5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
GRANT AND TANF REVENUE AS DETAILED IN THE AGENDA
REPORT.
3.13 * Chico Unified School District - Amendment - approval is
requested for an amendment to the agreement with the
Chico Unified School District for the provision of
literacy and case management services to Hmong
refugees. The amendment extends the term of the
agreement through September 30, 2006, increases the
maximum amount payable by $25,000 (department budget)
for the extended term, and revises the agreement's
exhibits to reflect the change. 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. X15492)
PAGE 4 NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -NOVEMBER 8, 2005
3.14 * Butte-Glenn Community College District - Amendment -
approval is requested for an amendment to the agreement
with the Butte-Glenn Community College District for the
provision of employability and language immersion
services to Hmong refugees. The amendment extends the
term of the agreement through September 30, 2006,
increases the maximum amount payable by $25,000
(department budget) for the extended term, and revises
the agreement's exhibits to reflect the change. 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. X15452)
3.15 * Thermalito Union School District - Amendment - approval
is requested for an amendment to the agreement with the
Thermalito Union School District for the provision of
literacy and case management services to Hmong
refugees. The amendment extends the term of the
agreement through September 30, 2006, increases the
maximum amount payable by $25,000 (department budget)
for the extended term, and revises the agreement's
exhibits to reflect the change. 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. X15473)
3.16 * Public Health Department - Amendment - approval is
requested for an amendment to the Memorandum of
Understanding with the Public Health Department for the
provision of expanded tuberculosis prevention services
and Public Health Nurse case management services for
Hmong refugees. The amendment revises the term
beginning date from "date of full execution" to
March 28, 2005, extends the term through
September 30, 2006, increases the maximum amount
payable by $24,912 (department budget) for the extended
term, and revises the agreement's exhibits to reflect
the change. 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. X15434)
PAGE 5 NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 8, 2005
FIRE
DEPARTMENT 3.17 * City of Chico - approval is requested for a sublease
agreement with the City of Chico for the property
located at 2544 Highway 32, Chico. The County leases
the property from William w. Lewis and Joan O. Lewis,
and utilizes it as a fire station. The station is
occupied by the City of Chico Fire Department. The
term of the sublease is July 1, 2005, through
August 31, 2006, with a monthly lease rate of $1,520
for July and August 2005, and $1,557 for September 2005
through August 2006. The City has agreed to take over
all utilities as of July 1, 2005 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. R40821)
HUMAN
RESOURCES 3.18 * Managed Health Network - approval is requested for a
sole source agreement with Managed Health Network for
the provision of the Employee Assistance Program. The
term of the agreement is July 1, 2005, through
June 30, 2006, with a monthly subscriber rate of $9.97
(all department budgets) per month per subscriber. The
total amount will be based on the number of eligible
employees - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.19 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: SHERIFF-CORONER-
SERVICES - adds 1 position of Sheriff's Lieutenant -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
PAGE 6 NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -NOVEMBER 8, 2005
3.20 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: PUBLIC WORKS - deletes
2 positions of Bridge Maintenance worker, 2 positions
of Bridge Maintenance worker, Senior/Bridge Maintenance
worker, 2 positions of Engineer, Assistant/Engineering
Technician, Senior/Engineering Technician, Associate/
Engineering Technician, Assistant, 3 positions of
Engineering Aide, 6 positions of Engineering
Technician, Senior/Engineering Technician, Associate/
Engineering Technician, Assistant, 2 positions of
Engineering Technician, Assistant/Engineering Aide, 15
positions of Road Maintenance worker/Road Maintenance
Assistant, 14 positions of Road Maintenance worker,
Senior/Road Maintenance worker, 2 positions of
Surveyor, Assistant/Engineering Technician, Senior/
Engineering Technician, Associate/Engineering
Technician, Assistant, 5 positions of Traffic Control
worker, Senior/Traffic Control worker, 2 positions of
Tree Trimmer, Senior/Tree Trimmer, and 1 position of
Tree Trimmer, Senior/Tree Trimmer/Road Maintenance
worker. Adds 4 positions of Bridge Maintenance worker,
Senior/Bridge Maintenance worker/Road Maintenance
Assistant, 2 positions Engineer, Assistant/Engineering
Technician, Senior/Engineering Technician, Associate/
Engineering Technician, Assistant/Engineering Aide, 11
positions of Engineering Technician, Senior/Engineering
Technician, Associate/Engineering Technician,
Assistant/Engineering Aide, 29 positions of Road
Maintenance worker, Senior/Road Maintenance worker/Road
Maintenance Assistant, 2 positions Surveyor,
Associate/Surveyor, Assistant, 5 positions of Traffic
Control worker, Senior/Traffic Control worker/Road
Maintenance Assistant, and 3 positions of Tree Trimmer,
Senior/Tree Trimmer/Road Maintenance worker/Road
Maintenance Assistant. PUBLIC HEALTH-ENVIRONMENTAL
HEALTH - deletes 2 positions of Environmental Health
Specialist, Senior/Environmental Health
Specialist/Environmental Health Specialist, Associate.
Adds 2 positions of Hazardous Materials Management
Specialist, Senior/Hazardous Materials Management
Specialist/Hazardous Materials Management Specialist,
Associate. BEHAVIORAL HEALTH-GENERAL SERVICES - adds
1 position of Program Manager, Community Services.
EMPLOYMENT AND SOCIAL SERVICES-ADMINISTRATION - deletes
1 position of Accountant/Accounting Specialist. Adds
1 position of Administrative Analyst/Administrative
Analyst, Associate. SALARY PLAN FOR CLASSIFIED
POSITIONS, REFERENCE C, GENERAL UNIT CLASSIFICATIONS -
adds the following positions and sets their salary
range as follows: Hazardous Materials Management
Specialists, Associate ($18.73-$22.77), Hazardous
Materials Management Specialist ($20.70-$25.16), and
Hazardous Materials Management Specialist, Senior
($22.75-$27.66) - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 7 NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 8, 2005
LIBRARY 3.21 * Library Donations - pursuant to Government Code Section
25355, donations of $2,917.50 from the Oroville Friends
of the Library Group, $936.91 from the Paradise Friends
of the Library Group, $100 from Madeleine Caton of
Paradise, and $100 from an anonymous donor, have been
received for the Butte County Trust Fund for the
purchase of books; and a donation of $644.07 has also
been received from the Paradise Friends of the Library
Group for staff support hours at the Paradise Branch -
action requested - ACCEPT DONATIONS AND AUTHORIZE
LETTERS OF APPRECIATION.
PROBATION 3.22 * Juvenile Probation and Camps Funding - approval is
requested for a resolution authorizing participation in
the Juvenile Probation and Camps Funding (JPCF) Program
administered by the State Corrections Standards
Authority, and authorizing the Chief Probation Officer
to sign the JPCF Program Agreement. The program will
provide state funds to support a broad spectrum of
County probation services to at-risk youth, juvenile
offenders, and their families - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
PUBLIC
woRxs 3.23 * Parsley Subdivision - the Parsley Subdivision, APN 040-
640-010 and 013, is a conditionally approved 14-lot,
private street subdivision located on the south side of
Speedway Avenue, approximately 1,800 feet east of the
Midway, in the south Chico area. The developer has
complied with the Conditions of Approval, has completed
the construction of the required road and drainage
improvements, and has provided a letter of credit to
guarantee maintenance of said improvements - action
requested - APPROVE THE FINAL MAP FOR THE PARSLEY
SUBDIVISION; APPROVE THE NEW PRIVATE STREET NAME TAIGE
WAY; ACCEPT ON BEHALF OF THE COUNTY OF BUTTE SPEEDWAY
AVENUE AS OFFERED FOR DEDICATION IN THE OWNER'S
STATEMENT; ACCEPT ON BEHALF OF THE COUNTY OF BUTTE THE
PUBLIC SERVICE EASEMENTS AS OFFERED FOR DEDICATION IN
THE OWNER'S STATEMENT; ACCEPT ON BEHALF OF THE COUNTY
OF BUTTE THE RELINQUISHMENT OF ABUTTERS RIGHTS OF
ACCESS ALONG THE SPEEDWAY AVENUE FRONTAGE AS OFFERED
FOR DEDICATION IN THE OWNER'S STATEMENT; AND AUTHORIZE
THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT.
PAGE 8 NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -NOVEMBER 8, 2005
3.24 * Blue Oak Terrace Subdivision, Phase II - the Blue Oak
Terrace Subdivision, APN 055-540-038, is located on the
south side of the Skyway at the Skyway Crossroads,
along the westerly town limit line of the Town of
Paradise. This is a conditionally approved private
street subdivision consisting of 40-lots for single
family residences, to be developed in two phases.
Sewer and water services shall be provided by private
community systems, operated and maintained by Blue Oak
Terrace Mutual water Company. Phase I was approved by
the Board on January 11, 2005. Phase II is comprised
of 20-lots. The developer has complied with the
Conditions of Approval and has provided a performance
bond to guarantee the construction of Phase II
improvements within one year - action requested -
APPROVE THE FINAL MAP FOR BLUE OAK TERRACE SUBDIVISION,
PHASE II; ACCEPT ON BEHALF OF THE COUNTY OF BUTTE THE
PUBLIC SERVICE EASEMENTS AS OFFERED FOR DEDICATION IN
THE OWNER'S STATEMENT; AND AUTHORIZE THE CHAIR TO SIGN
THE SUBDIVISION AGREEMENT.
3.25 * County Service Areas - Budget Transfers for Fire
Protection Systems Equipment - on June 14, 2005, the
Board approved budget transfers of approximately $279
each, for a total of $3,627, from various County
Service Areas that provide fire protection services to
fund the purchase of nine Pitot gauges and diffusers
used in maintaining the fire protection systems within
those County Service Areas. The Auditor closed the
fiscal year accounting for fiscal year 2004-2005 before
the invoice for payment was processed and the funds
need to be reallocated for payment in the current
fiscal year - action requested - APPROVE A BUDGET
TRANSFER (4 /5 vote required) ACCEPTING AND
APPROPRIATING COUNTY SERVICE AREA FUNDS AS DETAILED IN
THE AGENDA REPORT.
3.26 * Resolution Approving the Overall Annual Disadvantaged
Business Enterprise (DBE) Program Goal of loo for
Federal Fiscal Year 2005-2006 - as a condition to
receiving federal program funding for Department of
Transportation assisted contracts, the County is
required to develop and submit goal setting
methodologies and an overall annual goal for
Disadvantaged Business Enterprise participation. In
accordance with the federal regulations, the County has
developed a proposed overall annual DBE goal of loo for
Federal Fiscal Year 2005-2006, to ensure full
compliance with all relevant regulatory requirements -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
PAGE 9 NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -NOVEMBER 8, 2005
3.27 * SCS Engineers - Amendment - approval is requested for
an amendment to the agreement with SCS Engineers for
the provision of engineering services for the Partial
Final Closure of Modules 1, 2, and 3 at the Neal Road
Landfill. The amendment increases the maximum amount
payable by $36,997.03 (Neal Road Landfill Enterprise
Fund) for materials needed to repair the concrete V-
ditch located along the north side of landfill. 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. X13826)
3.28 * Ophir Road and Lincoln Boulevard Signalization
Project (Butte County Project No. 21461-98-2) -
approval is requested for a resolution which would
authorize the Director of Public works to negotiate and
enter into agreements for the acquisition of real
property for public road purposes, and agreements for
storm drainage, public service, and temporary
construction easements for the Ophir Road and Lincoln
Boulevard Signalization Project - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.29 * Speedway Avenue Extension Project (Butte County Project
No. 50255C-2005-1) and Associated State Route 99
Frontage Road Extension Project (Butte County Project
Number 50255C-2005-1) - approval is requested for a
resolution which would authorize the Director of Public
works to negotiate and enter into agreements for the
acquisition of real property for public road purposes,
and agreements for roadway and storm drainage easements
for the Speedway Avenue Extension Project and
associated State Route 99 Frontage Road Extension
Project - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
TREASURER-
TAX COLLECTOR 3.30 * Resolution Adopting Facsimile Signatures - approval is
requested for a resolution which would authorize the
use of facsimile signatures on liens recorded by the
Butte County Treasurer-Tax Collector. Pursuant to
Government Code Section 27201(b)(2), a facsimile
signature shall be accepted on a lien recorded by a
governmental agency when that facsimile signature has
been officially adopted by that agency and when a copy
of the agency's resolution adopting the signature for
facsimile transmission purposes is provided to the
County Recorder - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
3.31 * Monthly Investment Report - submitted is the Monthly
Investment Report dated September 30, 2005, in
accordance with the Statement of Investment Policy
dated July 1, 2005 - action requested - ACCEPT FOR
INFORMATION.
PAGE 10 NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
WATER AND
RESOURCE
CONSERVATION
OTHER
DEPARTMENTS
ZNn A(,F.Nf TF.S
AGENDA -NOVEMBER 8, 2005
3.32 * Introduction of an Ordinance Amending Section 33A-5 of
Chapter 33A of the Butte County Code, Entitled
"Groundwater Management" and Butte County water
Advisory Committee Bylaws - approval is requested for
an ordinance which will amend Section 33A-5 of Chapter
33A of the Butte County Code regarding appointments to
the water Advisory Committee. The changes are being
made to provide consistency between the Code and the
proposed bylaws. Section 33A-4 requires the operation
of the water Advisory Committee through bylaws approved
by the Board. The department, County Counsel and the
water Advisory Committee have developed the proposed
bylaws and the water Commission has recommended
adoption - action requested - ADOPT BYLAWS AND
AUTHORIZE THE CHAIR TO SIGN; AND WAIVE READING OF THE
ORDINANCE.
3.33 * Resolution Increasing the Distribution of Uniform
Filing Fees to the Butte County Law Library - approval
is requested by the Law Library for a resolution,
pursuant to Business and Professions Code Section
6321(b), which requests that the amount distributed to
the Butte County Law Library Fund from the State
Uniform Filing Fee be increased by $3.00 effective
January 1, 2006 - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
3.34 * Butte County Fair - Annual Budget - pursuant to State
requirements, the Butte County Fair Board of Directors
is requesting the Board approve the Fair Association's
Operating Budget for 2006. Following Board approval
the budget will be submitted to the State of
California, Division of Fairs and Expositions, for
review and approval - action requested - APPROVE BUDGET
AND AUTHORIZE THE CHAIR TO SIGN.
3.35 Chico Memorial Hall Committee - action requested -
APPOINT W.N. "BILL" ANDRUS, FIRST ALTERNATE, AND LARRY
WAHL, SECOND ALTERNATE, VETERANS OF FOREIGN WARS
REPRESENTATIVES, TO TERMS TO END JUNE 30, 2006. (FROM
10-25-05 [3.32] )
PAGE 11
NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -NOVEMBER 8, 2005
3.36 * Rock Creek Reclamation District - the Secretary of the
Rock Creek Reclamation District submits a certification
that the number of persons who have filed a Declaration
of Candidacy for the position of Trustee does not
exceed the number of offices to be filled and that no
petition requesting a General District Election has
been presented to the District. Pursuant to Elections
Code Section 10515, the District is requesting the
Board appoint the persons who have filed Declarations
of Candidacy - action requested - APPOINT PAUL BEHR AND
BRUCE MCGOWAN, TRUSTEES, TO TERMS TO END
DECEMBER 4, 2009.
3.37 * Sacramento River Reclamation District - the Secretary
of the Sacramento River Reclamation District submits a
certification that the number of persons who have filed
a Declaration of Candidacy for the position of Trustee
does not exceed the number of offices to be filled and
that no petition requesting a General District Election
has been presented to the District. Pursuant to
Elections Code Section 10515, the District is
requesting the Board appoint the persons who have filed
Declarations of Candidacy - action requested - APPOINT
PETER D. PETERSON AND RICHARD WRIGHT, TRUSTEES, TO
TERMS TO END DECEMBER 4, 2009.
3.38 * Reclamation District No. 833 - the Secretary of
Reclamation District No. 833 submits a certification
that the number of persons who have filed a Declaration
of Candidacy for the position of Trustee does not
exceed the number of offices to be filled and that no
petition requesting a General District Election has
been presented to the District. Pursuant to Elections
Code Section 10515, the District is requesting the
Board appoint the persons who have filed Declarations
of Candidacy - action requested - APPOINT DANE ANDES,
TRUSTEE, TO A ERM TO END DECEMBER 4, 2009.
3.39 * Rotary Club of Chico Sunrise - waiver and Refund of
Fees - approval is requested by the Rotary Club of
Chico Sunrise, pursuant to Butte County Code Section 3-
40.5, to waive the Use Permit fee, and refund the
Building Permit fee associated with the Rotary Club's
project to construct a "welcome to Chico" sign on
Highway 32, east bound, approximately 2 miles west of
the Chico city limits. The Rotary Club is a non-profit
charitable organization. Staff is recommending the
Board waive the Use Permit fee ($2,332.50). Staff is
not recommending refund of the Building Permit Fee
($439.93) already paid by the Rotary Club because the
Building Permit fee covers the cost of contracted plan
check services through Willdan, and the permit has
already been processed - action requested - WAIVE THE
USE PERMIT FEE ASSOCIATED WITH THE SIGN CONSTRUCTION
PROJECT FOR THE ROTARY CLUB OF CHICO SUNRISE.
PAGE 12 NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -NOVEMBER 8, 2005
4 . ~ ~ REGULAR AGENDA
BOARDS,
COMMISSIONS AND
COMMITTEES 4.01 * 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
Report to the Board - Avian Flu Update - informational
report to the Board on Avian Flu to address what it is,
what a pandemic is, what the current status is, what
the risks are, and what Butte County is doing - action
requested - ACCEPT FOR INFORMATION. (PUBLIC HEALTH)
PAGE 13
NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -NOVEMBER 8, 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 NOVEMBER 8, 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 NOVEMBER 8, 2005, ADOPT A
MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS;
3. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS HAS THE POTENTIAL TO SIGNIFICANTLY
IMPACT OAK WOODLAND HABITAT AND DEER HERD WINTER
RANGE HABITAT AND REQUIRE THE COLLECTION OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4 AND
14 CCR 753.5; AND
4. SUBJECT TO FINDINGS III (A-F) AS DETAILED IN THE
STAFF REPORT DATED NOVEMBER 8, 2005, AND THE
CONDITIONS OF APPROVAL, IDENTIFIED AS EXHIBIT "B"
OF THE STAFF REPORT DATED NOVEMBER 8, 2005,
APPROVE TENTATIVE PARCEL MAP 04-07 FOR DEBBIE AND
BRENT SOBRERO. (FROM 10-11-05 [4.04])
PAGE 14 NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -NOVEMBER 8, 2005
4.05 * Kelly Ridge - Violations of One-Foot No Access Strip -
consideration of an exemption to the no access strip at
253 Kanaka Avenue, allowing for the temporary driveway
to remain the access point to the lot - action
requested - GRANT AN EXEMPTION TO THE NO ACCESS STRIP
AT 253 KANAKA AVENUE; AUTHORIZE THE DEPARTMENT OF
PUBLIC WORKS TO ISSUE AN ENCROACHMENT PERMIT FOR A
DRIVEWAY ONTO THE SAME LOT; AND DIRECT PUBLIC WORKS TO
PROCEED, AS OUTLINED IN THE AGENDA REPORT, TO ADDRESS
THE UNAUTHORIZED ENCROACHMENTS IN THE KELLY RIDGE AREA
BY GRANTING PUBLIC WORKS LIMITED AUTHORITY TO ALLOW
EXEMPTIONS TO THE NO ACCESS STRIP AND GRANT
ENCROACHMENT PERMITS TO THE EXISTING SITES THAT ARE IN
COMPLIANCE OR BROUGHT INTO COMPLIANCE WITH EXISTING
COUNTY STANDARDS. (PUBLIC WORKS)
4.06 Items Removed from the Consent Agenda for Board
Consideration and Action.
4.07 Recess as the Butte County Board of Supervisors and
Convene as the Butte County In-Home Supportive Services
Public Authority Board.
PAGE 15 NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -NOVEMBER 8, 2005
BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
AGENDA
NOVEMBER $ , 2 O O 5
1.00 Call to Order - Butte County Board of Supervisors Room,
25 County Center Drive, Oroville.
2.00 Agenda Items
2.01 * Volunteer Efforts for the Victims of Hurricane
Katrina - Hurricane Katrina has been described as the
worst natural disaster to hit the United States since
the 1906 San Francisco earthquake. The Red Cross and
other reputable agencies have a critical need for
volunteers to help provide aid. with the concurrence
of the department director, and according to procedures
to be approved by Human Resources and the Chief
Administrative Officer, approval is requested to allow
In-Home Supportive Services Public Authority employees
release time to participate in volunteer activities
related to helping the victims of Hurricane Katrina.
Release time will be paid time off during which the
employee will continue to accrue benefits. The program
will be subject to meet and confer with employee
bargaining units - action requested - WITH THE
CONCURRENCE OF THE DIRECTOR OF EMPLOYMENT AND SOCIAL
SERVICES, APPROVE RELEASE TIME FOR EMPLOYEES WISHING TO
VOLUNTEER TO AID THE VICTIMS OF HURRICANE KATRINA,
SUBJECT TO PROCEDURES APPROVED BY HUMAN RESOURCES AND
THE CHIEF ADMINISTRATIVE OFFICER; APPROVE RELEASE TIME
AUTHORITY TO BE RETROACTIVE TO OCTOBER 1, 2005.
3.00 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 is prohibited from taking action on any
item not listed on the agenda.
Adjournment
Adjourn as the Butte County In-Home Supportive Services
Public Authority Board and Reconvene as the Butte
County Board of Supervisors.
PAGE 16 NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
S.O ~ PUBLIC HEARINGS AND TIMED ITEMS
10:30 A.M. 5.01 * Public Hearing - T-Mobile wireless, Inc. - Use Permit
Appeal - consideration of an appeal of the Planning
Commission's approval of a Use Permit to install a 114-
foot telecommunications facility with two carriers.
Associated equipment is to be located under the
facility and to the east of the facility. The proposed
tower will look like a windmill. This is a project on
which notice of intent to adopt a negative declaration
with mitigation measures regarding environmental
impacts has been given. The project is located on the
east side of Clark Road (SH 191), approximately 600
feet north of Butte Campus Drive, at 2822 Clark Road,
and identified as APN 041-430-012 - action requested -
OPEN HEARING AND CONTINUE OPEN TO A DATE AND TIME TO BE
DECIDED BY THE BOARD.
11:00 A.M. 5.02 * Public Hearing - Petition for Immediate Cancellation of
a Williamson Act Agreement - consideration of a
petition to immediately cancel a Williamson Act
agreement on a 52.72 acre parcel, located at the
terminus of Kittyhawk Drive, approximately 2,100 feet
west of Garner Lane, and east of, and adjacent to,
State Route 99, in the north Chico area and identified
as APN 047-260-199. In accordance with the California
Environmental Quality Act, an Initial Study has been
prepared for this project and the Planning Division is
recommending a Mitigated Negative Declaration - action
requested - OPEN HEARING AND CONTINUE OPEN TO A DATE
AND TIME TO BE DECIDED BY THE BOARD.
11:15 A.M. 5.03 * Public Hearing - Ken and Mary Brown - Tentative Parcel
Map Appeal - consideration of an appeal of conditions
of approval of a Tentative Parcel Map to divide a 2.3
acre parcel into two parcels of 1.03 and 1.3 acres.
Sanitary sewer service to the property is available
through a recorded "Sewer Service and Annexation
Agreement" with the City of Chico. water service would
be provided by the California water Service Company.
Access for the additional parcel is proposed by Via
Morro Court. The project is located on the north side
of Via Morro Court, and identified as APN Olt-020-083
(TPM 04N-29) - action requested - OPEN HEARING AND
CONTINUE OPEN TO A DATE AND TIME TO BE DECIDED BY THE
BOARD.
PAGE 17 NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -NOVEMBER 8, 2005
11:20 A.M. 5.04 * Public Hearing - Public Health Department Fees -
consideration of two ordinances amending Chapter 43,
Public Health Department Fees, of the Butte County
Code, adding or amending the fee schedule relating to:
1) Environmental Health Fees for School Food Facilities
Annual Permits and Inspections, Caterer Annual Permits
and Inspections, Underground Storage Program Reviews
and Inspection Fees, Plan and Site Review for Temporary
Mobile Home "Aunt Minnie" and Home Occupation Permits,
Public Pool/Spa Remodel Fees, Hazardous Materials
Contaminated Site Plan Review Fees, and Certified
Unified Program Agency (3 new State surcharges); 2)
Public Health Clinic Fees for immunizations,
tuberculous tests and travel immunizations; and 3)
Application fees for Medical Marijuana Identification
Cards to qualified patients and caregivers pursuant to
California Health and Safety Code Sections 11362.7
through 11362.83 - action requested - ADOPT ORDINANCES
(2) AND AUTHORIZE THE CHAIR TO SIGN.
11:45 A.M. 5.05 * Public Hearing - Randy Moon - Tentative Parcel Map
Appeal - consideration of an appeal of conditions of
approval of a Tentative Parcel map to divide a 2.0 acre
parcel into two 1.0 acre parcels, on property located
on the southeast corner of Stanley Avenue and walnut
Tree Lane, approximately 2,100 feet east of Dayton
Road, southwest of Chico, and identified as APN 039-
370-100 - action requested - OPEN HEARING AND CONTINUE
OPEN TO A DATE AND TIME TO BE DECIDED BY THE BOARD.
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 SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(b)(1) TWO POTENTIAL CASES.
PAGE 18 NOVEMBER 8, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -NOVEMBER 8, 2005
7.02 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6:
AGENCY REPRESENTATIVE: JEANNE GRAVETTE;
EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY MANAGEMENT
EMPLOYEES ASSOCIATION (MANAGEMENT AND SUPERVISORY
UNIT); DEPUTY SHERIFFS' ASSOCIATION (GENERAL UNIT AND
MANAGEMENT AND SUPERVISORY UNIT); BUTTE COUNTY
CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL UNIT AND
MANAGEMENT AND SUPERVISORY UNIT); PROFESSIONAL
EMPLOYEES UNIT; SOCIAL SERVICES WORKERS UNIT; AND
PROBATION PEACE OFFICERS' ASSOCIATION.
PAGE 19 NOVEMBER 8, 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