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November 12, 2002
BOARD OF SUPERVISORS
R.J. "BOB" BEELER, 1ST DISTRICT
JANE DOLAN, 2ND DISTRICT
MARY ANNE HOUX, 3RD DISTRICT
CURT JOSIASSEN, 4T" DISTRICT
KIM YAMAGUCHI, 5T" DISTRICT
Time Item No.
9:00 A.M. 1.00 Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
2.00 Pledge of Allegiance to the Flag of the United States of
America.
2.01 Invocation - Reverend Bob Biehler, Paradise United Methodist
Church.
2.02 Changes and/or corrections to the agenda.
3.00 Consent Aaenda
Minutes 3.01 * Approval of Minutes - action requested - APPROVE MINUTES OF
AUGUST 13, 2002.
Budget 3.02 * Budget Transfers - action requested - APPROVE BUDGET TRANSFERS
Transfers B-109 (PUBLIC HEALTH/FACILITIES SERVICES); B-115 (EMERGENCY
SERVICES/APPROPRIATION FOR CONTINGENCIES); B-116 (LIBRARY BOOK
TRUST FUND); AND B-117 (FACILITIES SERVICES). All budget
transfers listed above require a 4/5 vote.
Donations 3.03 Library Donations - pursuant to Government Code Section 25355,
donations of $240 from the Gridley Friends of the Library and
$1,000 from the Paradise Friends of the Library have been
received for the Butte County Trust Fund for the purchase of
books - action requested - ACCEPT DONATIONS AND AUTHORIZE
LETTERS OF APPRECIATION.
Appoint- 3.04 * Butte County Housing Authority Board - action requested -
ments REAPPOINT LEONARD WHITEGON, DISTRICT 3 REPRESENTATIVE, TO A
TERM TO END JANUARY 9, 2007.
Time Item No.
Land Use 3.05
Land Conservation Act - Applications for Inclusion - by
unanimous vote the Land Conservation Act Advisory Committee
has recommended approval of the following ten applications for
land conservation act agreements: 1) L.C. Properties, APNs
038-110-015 and 016 (321.5 acres), field crop agreement; 2)
Palmer H. Hatch, APNs 021-020-007, 008, and 022-050-029
(448.92 acres), field crop agreement; 3) Schohr Family Trust,
APN 022-050-015 (317.43 acres), field crop agreement; 4)
Margaret Arms, APN 047-130-173 (53+ acres), orchards
agreement; 5) Harry W. McGowan, APNs 047-080-047, 047 and 048
(117 acres), orchards agreement; 6) Harry and Theresa McGowan
Family Trust, APN 047-100-151 (157 acres), orchards agreement;
7) Norman R. Witt, APN 041-110-072 (203 acres), grazing
agreement (approval subject to submission of a preliminary
title report by applicant); 8) Clyde and Thora BoHannon, APNs
029-090-006, 007, 009, 030, 031, 039, 041, and 043 (300
acres), field crop agreement (approval subject to the parcels
being merged prior to recordation of the agreement); 9) Clyde
and Thora BoHannon, APNs 038-140-048, 049, 050, 051, 058, 059,
060 and 061 (336.4 acres) field crop agreement (approval
subject to the parcels being merged prior to recordation of
the agreement); and 10) James and Geraldine Pavia, APN 047-
150-062/portion (240 acres) orchards agreement (approval
subject to a merger of a 4.67 acre parcel and 17 acre parcel
prior to recordation of the agreement). By a unanimous vote,
the Land Conservation Act Advisory Committee has recommended
the Board deny the application for Robert E. Allen, APN 042-
280-035 (20.05 acres), orchards agreement. The Committee
found that there is no history of an orchard or evidence that
an orchard can be supported on the property - action
requested - APPROVE THE ABOVE-LISTED 10 APPLICATIONS
RECOMMENDED FOR APPROVAL, SUBJECT TO THE REQUIRED PROVISIONS,
AND DENY THE APPLICATION FOR ROBERT E. ALLEN, APN 042-280-035.
Fixed 3.06 * Trailer Purchase - Board approval is requested by the
Assets and Sheriff's Office for the fixed asset purchase of a 24-foot
Facilities enclosed trailer to transport the County owned snowmobiles in
support of the Off-Highway Motor Vehicle Enforcement grant
program. The estimated cost of the trailer is $6,000 and
Board approval is also requested for a budget transfer from
the Off-Highway Motor Vehicle Trust Fund to provide for the
purchase - action requested - APPROVE BUDGET TRANSFER B-111
(4/5 vote required); AND APPROVE FIXED ASSET PURCHASE OF
TRAILER IN THE ESTIMATED AMOUNT OF $6,000.
Page 2 November 12, 2002
Time Item No.
3.07 * Polyacrylate Jute Sandbags for Flood Preparation - Board
approval is requested by the Emergency Services Officer to
purchase 17,600 Polyacrylate jute sandbags for distribution to
members of the public during flood events. The new type of
bag has a shelf-life of ten years and will allow the County to
store the bags for future flood events. The cost of the bags
is $73,400, and Board approval is also requested for a
transfer of funds from the Appropriation for Contingencies
fund to provide for the purchase - action requested - APPROVE
BUDGET TRANSFER B-114 (4/5 vote required); AND APPROVE
PURCHASE OF 17,600 POLYACRYLATE JUTE BAGS FOR FLOOD
PROTECTION.
Audit and 3.08 * Monthly Investment Report - the Treasurer-Tax Collector
Finance submits the September 30, 2002, report in accordance with the
Statement of Investment Policy dated July 1, 2002, - action
requested - ACCEPT FOR INFORMATION.
3.09 * Refunding Certificates of Participation - Board approval is
requested by the Treasurer-Tax Collector to assemble a team to
structure a refinancing of the outstanding debt used to
construct the expansion of the Court (1993 Justice Facility
Project). The team would include representatives from the
Auditor-Controller, Administration and Treasurer. The
approval would also include retention of bond counsel and a
firm of underwriters - action requested - AUTHORIZE THE
TREASURER-TAX COLLECTOR TO ASSEMBLE A TEAM TO STRUCTURE A
REFINANCING OF THE OUTSTANDING CERTIFICATES OF PARTICIPATION
FOR THE 1993 JUSTICE FACILITY PROJECT.
3.10 * Department of Employment and Social Services Budget
Adjustments - Board approval is requested by the Department of
Employment and Social Services for adjustments to the
department's 570 Administrative Budget Units as a result of
State budget adjustments. Due to the delay in receipt of the
final allocation letters, these adjustments were not included
in the 2002-2003 Final Budget - action requested - APPROVE
BUDGET TRANSFER B-128 (4/5 vote required) PROVIDING
EXPENDITURE REDUCTIONS AND SHIFTS AS DETAILED IN ATTACHMENT B
OF THE STAFF REPORT AND APPROVING CHANGES IN REVENUES AND
ACCEPTING AND APPROPRIATING NEW REVENUES AS DETAILED IN
ATTACHMENT C OF THE STAFF REPORT.
Page 3 November 12, 2002
Time Item No.
3.11 * Public Health Revenue Adjustments - Board approval is
requested by the Public Health Department for adjustments to
the department's revenue accounts. The department contracts
with the Department of Employment and Social Services for
various services. Reductions to the Department of Employment
and Social Services' budget have resulted in reductions in
contract services, including contract services with the Public
Health Department. As a result of these reductions, Board
approval is requested to reduce the Public Health Department's
General Services revenue account (4611061) by $260,000. To
cover the decrease to the department's budgeted revenues, the
department is proposing to utilize Bioterrorism Grant funds
($80,000) and Realignment funds ($180,000), and Board approval
is also requested to transfer and accept the revenue funds -
action requested - APPROVE BUDGET TRANSFER B-111 (4/5 vote
required) DECREASING ANTICIPATED REVENUE IN BUDGET UNIT
540.001, REVENUE CODE 4611061 BY $260,000 AND INCREASING
ANTICIPATED REVENUE IN BUDGET UNIT 540.001, REVENUE CODE
4512705 BY $80,000 AND REVENUE CODE 4510905 BY $180,000.
3.12 * Public Works Department - Budget Appropriations for Stirling
City Wastewater Upgrade - Board approval is requested to
accept and appropriate $123,170 of Community Development Block
Grant funds to be used in the reconstruction project on the
Stirling City Sewer System. Part of the allocation of these
funds includes the reduction in SB45 revenues to offset
staffing costs covered by Community Development Block Grant
funds - action requested - APPROVE BUDGET TRANSFER B-120 (4/5
vote required) ACCEPTING AND ALLOCATING FUNDS AS DETAILED IN
THE AGENDA REPORT, AND REDUCING SB45 REVENUE CODE 4516112 IN
THE AMOUNT OF $14,859.
3.13 * Chico Unified School District - Focus on the Future Revenue -
Board approval is requested by the Probation Department to
accept and appropriate $12,534 in unanticipated revenue
received from the Chico Unified School District for the
provision of a Probation Officer 3 hours a day in support of
the Focus on the Future program - action requested - APPROVE
BUDGET TRANSFER B-125 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE.
3.14 * Juvenile Justice Crime Prevention Act of 2000 - Financial
Report - the Probation Department submits annual Progress
Reports for Juvenile Justice Crime Prevention Act funds
pursuant to the requirements of the California State Board of
Corrections - action requested - ACCEPT AS INFORMATION.
Page 4 November 12, 2002
Time Item No.
3.15 * Supportive and Therapeutic Options Program Grant Funds - Board
approval is requested by the Butte County Department of
Behavioral Health to accept and appropriate $2,635 in
additional Supportive and Therapeutic Options Program Grant
funds. The department's budget included an award amount of
$55,878. The actual grant award received was $58,513 - action
requested - APPROVE BUDGET TRANSFER B-119 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE.
3.16 * Runaway Homeless Youth Administration Grant Funds - Board
approval is requested by the Butte County Department of
Behavioral Health to accept and appropriate $104,608 in
additional Runaway Homeless Youth Administration Grant funds.
The County's grant award was increased from $95,000 to
$199,608 - action requested - APPROVE BUDGET TRANSFER B-122
(4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
GRANT REVENUE.
3.17 * Reduction in Revenues - Department of Employment and Social
Services Memorandum of Understanding - Board approval is
requested by the Butte County Department of Behavioral Health
to reduce the budgeted revenues in the department's Interfund
Welfare revenue accounts in the total amount of $215,110 as a
result of State funding reductions to the Department of
Employment and Social Services. The funding reductions have
necessitated reductions in contracted services, including the
Memorandum of Understanding with the Behavioral Health
Department - action requested - APPROVE BUDGET TRANSFER B-121
(4/5 vote required) MAKING REVENUE REDUCTIONS AS DETAILED IN
THE AGENDA REPORT.
3.18 * Reduction in Revenues - Department of Employment and Social
Services Memorandum of Understanding - Board approval is
requested by the Butte County Department of Behavioral Health
to reduce the budgeted revenues in the department's Interfund
Welfare-FPSP revenue account in the total amount of $2,000 as
a result of State funding reductions to the Department of
Employment and Social Services. The funding reductions have
necessitated reductions in contracted services, including the
Memorandum of Understanding with the Behavioral Health
Department - action requested - APPROVE BUDGET TRANSFER B-118
(4/5 vote required) MAKING REVENUE REDUCTIONS AS DETAILED IN
THE AGENDA REPORT.
3.19 * Butte County Fair Operating Budget 2003 - Board approval is
requested by the Butte County Fair Association for the Butte
County Fair Operating Budget for 2003 - action requested -
APPROVE BUDGET AND AUTHORIZE THE CHAIR TO SIGN.
Page 5 November 12, 2002
Time Item No.
3.20 * Relocation and Office Expansion Funding Request - Board
approval is requested by the District Attorney for a transfer
from the Appropriation for Contingencies in the amount of
$62,820 to supplement departmental funds to complete an office
expansion and relocation project. The District Attorney's
Office had originally planned to expand their offices at 25
County Center Drive to occupy space recently vacated by the
Purchasing Division. The movement of all criminal cases to
the Oroville Court has necessitated amending the expansion
plan to include the space needed for the six staff members
relocating to the Oroville Office from Chico The adjusted
cost of the revised expansion plan is $114,290. The
department will utilize prior year funds and current year
departmental funds in the amount of $51,470 - action
requested - APPROVE BUDGET TRANSFER B-126 (4/5 vote required)
TRANSFERRING, ACCEPTING AND APPROPRIATING $62,820 IN
APPROPRIATION FOR CONTINGENCIES FUNDS.
3.21 * National Children's Alliance - Program Support Grant - Board
approval is requested by the District Attorney to accept and
appropriate $4,073 in unexpended fiscal year 2001-2002
National Children's Alliance Program Support Grant funds. The
department has received approval from the National Children's
Alliance to expend the funds by December 31, 2002 - action
requested - APPROVE BUDGET TRANSFER B-124 (4/5 vote required)
ACCEPTING AND APPROPRIATING $4,073.28 IN PRIOR YEAR GRANT
FUNDS.
3.22 * Office of Criminal Justice Planning - Statutory Rape Vertical
Prosecution Grant - Board approval is requested by the
District Attorney to accept and appropriate unexpended fiscal
year 2001-2002 Statutory Rape Vertical Prosecution Grant
funds. The Office of Criminal Justice Planning has set the
carryover amount at $11,823 - action requested - APPROVE
BUDGET TRANSFER B-123 (4/5 vote required) ACCEPTING AND
APPROPRIATING $11,823 IN PRIOR YEAR GRANT FUNDS.
Page 6 November 12, 2002
Time Item No.
Ordinances 3.23 Adoption of an Ordinance Adopting a Revision of the Butte
and County Code - Board approval is requested by the Clerk of the
Resolutions Board for an ordinance which will adopt a revised, reformatted
and reprinted version of the Butte County Code. Copies of the
republished Butte County Code are on file and available for
inspection and use in the County Clerk-Recorders Office
pursuant to Government Code Section 25128 - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 10-22-02 [3.18])
3.24 * Resolution to Amend the Salary Ordinance - the Human Resources
Department has prepared a resolution to amend the salary
ordinance as follows: SHERIFF-CORONER-SERVICES - deletes two
flexibly staffed positions of Public Safety Dispatcher/Public
Safety Dispatcher Trainee (with sunset dates of 6-30-02), and
adds two flexibly staffed positions of Public Safety
Dispatcher/Public Safety Dispatcher Trainee. DEVELOPMENT
SERVICES-BUILDING INSPECTION - deletes the budget unit as a
result of all positions being transferred to the Development
Services Department 440-001 budget unit. DEVELOPMENT
SERVICES-PLANNING - deletes the budget unit as a result of
all positions being transferred to the Development Services
Department 440-001 budget unit. PUBLIC HEALTH-GENERAL
SERVICES - extends the sunset date of one position of Public
Health Nurse II and one flexibly staffed position of Public
Health Assistant II/I from December 31, 2002, to
December 31, 2003. Adds one half-time position of Public
Health Nutritionist and one flexibly staffed position of
Public Health Assistant II/I. BEHAVIORAL HEALTH-GENERAL
SERVICES - deletes two flexibly staffed positions of Mental
Health Clinician II/I. Adds one flexibly staffed position of
Medical Records Technician II/I and one flexibly staffed
position of Information Systems Analyst II/I. BEHAVIORAL
HEALTH-SUBSTANCE ABUSE SERVICES - deletes two flexibly staffed
positions of Senior Mental Health Counselor/Mental Health
Counselor/Mental Health Worker. EMPLOYMENT AND SOCIAL
SERVICES-ADMINISTRATION - adds two positions of Administrative
Analyst III. EMPLOYMENT AND SOCIAL SERVICES-SERVICES - adds
two flexibly staffed positions of Social Worker IV/III.
LIBRARY - deletes three positions of Library Assistant I (with
sunset dates of 9-30-03) Adds three flexibly staffed
positions of Library Assistant II/I (with sunset dates of
9-30-03) NEAL ROAD SANITARY LANDFILL (MANAGEMENT) - adds two
new classifications: Senior Landfill Scale Attendant and
Landfill Scale Attendant. Adds one position of Senior
Landfill Scale Attendant and two positions of Landfill Scale
Attendant. SALARY PLAN FOR CLASSIFIED POSITIONS, REFERENCE C,
GENERAL UNIT CLASSIFICATIONS - sets the hourly rate of pay for
the newly created classifications of Senior Landfill Scale
Attendant ($12.66 - $15.39) and Landfill Scale Attendant
($11.24 - $13.67) - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
Page 7 November 12, 2002
Time Item No.
3.25 * Resolution Designating the Authorized Representative for the
Open Space Subvention Act - Board approval is requested by the
Assessor for a resolution which will designate Fred Holland,
Senior Appraiser, as the County's Authorized Representative to
certify and sign the requests for payment from the State of
California for payments under the Open Space Subvention Act -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.26 * Resolution Approving the Butte County Hazard Communication
Program - Board approval is requested by the Safety Officer
for a resolution which approves changes to the County's Hazard
Communication Programs to comply with the provisions of
Title 8, California Code of Regulations Section 5194 - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.27 * Resolution Recognizing Supervising Juvenile Hall Counselor
Carlos Saucedo as Recipient of the State Meritorious Service
Award for Supervisors - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
3.28 * Resolution Recognizing the 150th Anniversary of the Enterprise
Record - action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
Roads and 3.29 * Resolution Prohibiting Stopping, Parking or Standing of
Landfill Vehicles, South Side of Speedway Avenue from a Point Beginning
600 Feet East of Midway to 1,580 Feet East of Midway - Board
approval is requested by the Public Works Department for a
resolution which will create a no-parking zone on the south
side of Speedway Avenue, south Chico area - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.30 * Rehabilitation of 12th Street from Grand Avenue to Nelson
Avenue - County Project No. 26451-99-1 - Contract Change Order
(CCO) No. 1 - CCO No. 1, in the increasing amount of
$9,263.16, provides for compensation to the contractor for
additional costs incurred in the construction of storm drain
facilities, the removal of a Type A dike and placement of a
Type C low dike, and the placement of backfill behind the dike
at various locations. The CCO is 1000 reimbursable through
the State Transportation Improvement Program - action
requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN.
Page 8 November 12, 2002
Time Item No.
3.31 * Rehabilitation of 12th Street from Grand Avenue to Nelson
Avenue - County Project No. 26451-99-1 - Contract Change Order
(CCO) No. 2 - CCO No. 2, in the increasing amount of $34,335,
provides for compensation to the contractor for right-of-way
delays and extra work resulting from Pacific Gas and Electric
Company delays. The Public Works Department intends to pay
the contractor for the costs and then to make a claim to
Pacific Gas and Electric for repayment. The CCO is 1000
reimbursable through the State Transportation Improvement
Program - action requested - APPROVE CCO NO. 2 AND AUTHORIZE
THE CHAIR TO SIGN.
3.32 * Excavation of Module 4, Phase A, at the Neal Road Sanitary
Landfill - County Project No. 757-02-01 - Contract Change
Order (CCO) No. 1 - CCO No. 1, in the increasing amount of
$52,230 provides for additional excavation work needed as a
result of design changes which became necessary after work had
begun, and one day of idle equipment charges. Funding for the
CCO is available in the Neal Road Landfill Management Fund -
action requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR
TO SIGN.
3.33 * Excavation of Module 4, Phase A, at the Neal Road Sanitary
Landfill - County Project No. 757-02-01 - Contract Change
Order (CCO) No. 2 - CCO No. 2, in the increasing amount of
$117,980, provides for additional excavation work needed as a
result of design changes. Funding for the CCO is available in
the Neal Road Landfill Management Fund - action requested -
APPROVE CCO NO. 2 AND AUTHORIZE THE CHAIR TO SIGN.
3.34 * Reconstruction of Centerville Road Bridge Across Butte Creek -
County Project No. 54345-97-1 - Contract Change Order (CCO)
No. 2 - CCO No. 2, in the increasing amount of $4,601.05,
provides for an adjustment in compensation at an agreed lump
sum price for extra work, an additional 11.25 linear feet of
asphalt concrete dike, and an additional 3.5 linear feet of
18" HDPE plastic pipe - action requested - APPROVE CCO NO. 2
AND AUTHORIZE THE CHAIR TO SIGN.
3.35 * Reconstruction of Centerville Road Bridge Across Butte Creek -
County Project No. 54345-97-1 - Notice of Completion - the
project consisted of the placement of a 32' 8" x 165' single
span cast-in-place pre-stressed box girder bridge. All
contract work has been completed in accordance with plans and
specifications - action requested - ACCEPT CONTRACT WORK;
AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND
DIRECT RECORDING OF THE NOTICE OF COMPLETION.
Page 9 November 12, 2002
Time Item No.
3.36 * Construction of a Bicycle Path and Roadway Rehabilitation on
Palermo Road - County Project No. 18451-95-1 - Notice of
Completion - the project consisted of the construction of a
bicycle path and overlay of the adjacent roadway with
concrete. All contract work has been completed in accordance
with plans and specifications - action requested - ACCEPT
CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF
COMPLETION; AND DIRECT RECORDING OF THE NOTICE OF COMPLETION.
3.37 * Introduction of a Speed Zone Ordinance for Various County
Roads - based on citizen concerns and staff studies, Board
approval is requested by the Public Works Department for an
ordinance which sets prima facie speed limits on various
segments of County maintained roads as follows: 25 MPH -
Arroyo Drive (from Kelly Ridge Road to Bidwell Canyon Road),
Royal Oaks Drive (from Kelly Ridge Road to Arroyo Drive),
Lodgeview Drive (from Kelly Ridge Road to Arroyo Drive),
Lodgeview Drive (from Hillcrest Avenue to Kelly Ridge Drive),
Lodgeview Drive (from Hillcrest Avenue to Riverview Drive),
Silver Leaf Drive (from Chaparral Drive to Lodgeview Drive),
Silver Leaf Drive (from Lodgeview Drive to Lodgeview Drive),
Apache Circle (from Lodgeview Drive to Lodgeview Drive),
Montrose Drive (from Royal Oaks Drive to Arroyo Drive), Jack
Hill Drive (from Royal Oaks Drive to Royal Oaks Drive),
Chaparral Drive (from Royal Oaks Drive to Kelly Ridge Drive),
Greenbrier Drive (from Royal Oaks Drive to Silver Leaf Drive),
Oak Hill Drive (from Royal Oaks Drive to LaForet Drive),
LaForet Drive (from Oak Hill Drive to Greenbrier), and Decatur
Drive (from Creston Road to Skyway [Paradise Pines area]).
35 MPH - Mt. Ida Road (from Oroville Bangor Highway to Old
Olive Highway) - action requested - WAIVE READING OF THE
ORDINANCE.
Agreements 3.38 * Tri-County Economic Development Corporation - Master
and Subrecipient Agreement - Amendment - Board approval is
Grants requested by the Administrative Office for an amendment to the
Master Subrecipient Agreement with Tri-County Economic
Development Corporation as a requirement of Community
Development Block Grant (CDBG) regulations for the management
of CDBG activities. The agreement allows Tri-County Economic
Development Corporation to provide services such as
preparation of grant applications, implementation of projects
funded by grant awards, and administration of projects on
behalf of the County. The amendment revises Section 6 (G) to
allow the Chief Administrative Officer, or his designee, to
authorize work under the Master Subrecipient Agreement to the
same limit authorized by current County policy for
professional or consultant services (currently a limit of
$25,000). All other terms and provisions remain the same -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
Page 10 November 12, 2002
Time Item No.
3.39 * Montgomery Watson Harza (MWH) Americas, Inc. - Amendment -
Board approval is requested by the Administrative Office for
an amendment to the agreement with MWH Americas, Inc., for the
provision of groundwater monitoring services in the Chico
Urban Area. The amendment revises the scope of work to
include services to support development of a revised
monitoring program as a result of the Regional Water Quality
Control Board's requirement that the County install new
monitoring wells, extends the term of the agreement to
June 30, 2003, and increases the maximum amount payable by
$15,000 (CSA 114 budget). All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X13262)
3.40 * Hughes, Perry & Associates - Board approval is requested by
the Administrative Office for an agreement with Hughes,
Perry & Associates to conduct a study to evaluate alternatives
for the delivery of indigent defense services (Public Defender
services). The Administrative Office distributed a Request
For Proposal and is recommending the Board approve an
agreement with Hughes, Perry & Associates. The firm submitted
the proposal with the lowest bid, and the project team has
specific knowledge of Butte County criminal justice programs.
The report is to be completed in 12 weeks, at a cost of
$39,000 (Administrative Office) - action requested - APPROVE
AGREEMENT WITH HUGHES, PERRY & ASSOCIATES AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.41 * State of California-Department of Alcohol and Drug Programs -
Amendment - Board approval is requested by the Butte County
Department of Behavioral Health for an amendment to the grant
agreement with the State of California-Department of Alcohol
and Drug Programs for funds to support the Comprehensive Drug
Court Implementation Program. The amendment extends the
period of time the department can expend year one funds to
December 28, 2002. All other terms and provisions remain the
same - action requested - ADOPT RESOLUTION APPROVING AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE
CHAIR TO SIGN AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. R40325)
Page 11 November 12, 2002
Time Item No.
3.42 * State of California-Department of Alcohol and Drug Programs -
Amendment - Board approval is requested by the Butte County
Department of Behavioral Health for an amendment to the grant
agreement with the State of California-Department of Alcohol
and Drug Programs for funds to support the Drug Court
Partnership Program. The amendment extends the period of time
the department has to expend project year 4 funds through
June 30, 2003, and increases the maximum payable to the County
by $54,183. All other terms and provisions remain the same -
action requested - ADOPT RESOLUTION APPROVING AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE
CHAIR TO SIGN AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. R40153)
3.43 * FamiliesFirst, Inc. - Amendment - Board approval is requested
by the Butte County Department of Behavioral Health for an
amendment to the agreement with FamiliesFirst, Inc., for the
provision of specialized treatment to seriously emotionally
disturbed adolescent clients. The amendment decreases the
maximum amount payable by $40,460. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.44 * Mary Lou Mua - Amendment - Board approval is requested by the
Butte County Department of Behavioral Health for an amendment
to the agreement with Mary Lou Mua for the provision of
translation services for Hmong and Laotian clients. The
amendment increases the maximum amount payable by $100 for
fiscal year 2001-2002 (department budget). All other terms
and provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X13348)
3.45 * Chico Community Shelter Partnership - Amendment - Board
approval is requested by the Butte County Department of
Behavioral Health for an amendment to the agreement with Chico
Community Shelter Partnership for the provision of services to
the mentally ill homeless population to assist in obtaining
support services through local agencies. The amendment
decreases the maximum amount payable by $18,272. All other
terms and provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X13667)
Page 12 November 12, 2002
Time Item No.
3.46 * Willow Glen Care Center - Amendment - Board approval is
requested by the Butte County Department of Behavioral Health
for an amendment to the agreement with Willow Glen Care Center
for the provision of full day rehabilitation services. The
amendment decreases the maximum amount payable by $16,898.
All other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN.
3.47 * Thomas Lancaster, M.D. - Amendment - Board approval is
requested by the Butte County Department of Behavioral Health
for an amendment to the agreement with Thomas Lancaster, M.D.
for the provision of medical services in the specialized field
of psychiatry. The amendment revises the schedule of services
to be delivered and increases the maximum amount payable for
fiscal year 2002-2003 by $5,400 (department budget). All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X11300)
3.48 * North Valley Parent Education Network - Amendment - Board
approval is requested by the Butte County Department of
Behavioral Health for an amendment to the agreement with North
Valley Parent Education Network for the provision of drug free
counseling to individuals referred under the Substance Abuse
Crime Prevention Act or Drug Court. The amendment adds
outpatient drug free individual counseling services and
increases the maximum amount payable by $15,000 (department
budget). All other terms and provisions remain the same -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X13676)
3.49 * Matson & Isom Technology Consulting - Board approval is
requested by the Department of Child Support Services for an
agreement with Matson & Isom Technology Consulting for web
site housing services. The term of the agreement is
continuous until terminated by either party and has a yearly
maximum amount payable of $720 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13476)
3.50 * Butte County District Attorney/Child Support Services - Plan
of Cooperation for Fiscal Year 2002-2003 - Board approval is
requested by the Department of Child Support Services for a
Plan of Cooperation and Interagency Agreement with the
District Attorney's Office. The agreement is a requirement of
the State and describes the responsibilities for each
department for investigation and prosecution of criminal cases
involving non-payment of child support. The term of the
agreement is July 1, 2002, through June 30, 2003, with a
maximum amount payable to the District Attorney's Office of
$339,074 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X13848)
Page 13 November 12, 2002
Time Item No.
3.51 * Regional and Economic Sciences - Agreement Revision - Board
approval is requested by County Counsel for a revision to the
agreement with Regional Economic Sciences for research related
to the analysis of the socio-economic impact of Project 2100
(the Lake Oroville Dam) on the economy of Butte County, and to
assist the County in efforts to establish a scientifically
supportable position from which to negotiate with the State
Department of Water Resources in the Federal Energy Regulatory
Commissions' re-licensing process. This agreement was
initially approved on August 27, 2002. Subsequent to that
approval, the Auditor's Office requested the agreement be
revised to include a maximum amount payable of $50,000 without
written authorization of the County. All other terms and
provisions remain the same - action requested - APPROVE
REVISED AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X13877)
3.52 * Denise Cangiano, MFT - Amendment - Board approval is requested
by the Department of Employment and Social Services for a
prior year amendment to the agreement with Denise Cangiano,
MFT, for the provision of parenting classes and therapy
services to teens and pre-teens. The amendment increases the
maximum amount payable by $3,265 (department budget) for
additional services provided. The amendment was prepared near
the end of the fiscal year, but final approval and signatures
were not completed before the end of the fiscal year. The
department certifies that services were rendered by the
contractor in accordance with the terms of the agreement and
that sufficient appropriations are available in the fiscal
year 2002-2003 budget to fund the amendment - action
requested - APPROVE PRIOR YEAR AGREEMENT AND PAYMENT OF
SERVICES AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X11802)
3.53 * Edith Lopez, Ph.D. - Board approval is requested by the
Department of Employment and Social Services for a prior year
agreement with Edith Lopez, Ph.D., for the provision of
psychological evaluation services. The term of the agreement
was April 1, 2002, through June 30, 2002, with a maximum
amount payable of $2,000 (Child Welfare Services funds).
Billing for the agreement was not received prior to the end of
the fiscal year. The department certifies that the services
were rendered by the vendor in accordance with the terms of
the agreement and that sufficient appropriations are available
in the fiscal year 2002-2003 budget to cover the cost of the
agreement - action requested - APPROVE PRIOR YEAR AGREEMENT
AND PAYMENT OF SERVICES AND AUTHORIZE THE CHAIR TO SIGN.
Page 14 November 12, 2002
Time Item No.
3.54 * Butte County Department of Public Health/Department of
Employment and Social Services - Memorandum of Understanding -
Board approval is requested by the Department of Employment
and Social Services for a Memorandum of Understanding with the
Department of Public Health for the provision of alcohol and
drug testing services. The term of the agreement is
July 1, 2002, through June 30, 2003, with a maximum amount
payable of $80,000 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X13800)
3.55 * Youth For Change - Amendment - Board approval is requested by
the Department of Employment and Social Services for an
amendment to the agreement with Youth For Change for the
provision of the SB 163 Wraparound Program. The amendment
extends the term of the agreement through June 30, 2003, and
increases the maximum amount payable by $485,730 for fiscal
year 2002-2003 (department budget). All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X11965)
3.56 * Northern California Youth and Family Programs - Board approval
is requested by the Department of Employment and Social
Services for an agreement with Northern California Youth and
Family Programs for the provision of the Independent Living
Program. The term of the agreement is July 1, 2002, through
June 30, 2004, with a maximum amount payable for each fiscal
year of $230,000 (department budget/State funds) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13868)
3.57 * Butte County In-Home Supportive Services Public Authority -
Interagency Agreement - Amendment - Board approval is
requested by the Department of Employment and Social Services
for an amendment to the interagency agreement with the Butte
County In-Home Supportive Services Public Authority which sets
forth the respective responsibilities of the County and the
Authority for administration of the In-Home Supportive
Services program. The amendment adds requirements regarding
confidentiality and further clarifies the responsibilities of
the County departments and Authority. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 15 November 12, 2002
Time Item No.
3.58 * Fresh and Clean Janitorial - Amendment - Board approval is
requested by the General Services Director for an amendment to
the agreement with Fresh and Clean Janitorial for the
provision of janitorial services to County leased buildings.
The amendment extends the term of the agreement for one year
and increases the square footage of building space covered.
The increased square footage increases the maximum amount
payable by $447 per month, for a total of $3, 344 per month
(maximum amount not to exceed $40,128 [Facilities Services
budget]). All other terms and provisions remain the same -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Contract No. X11760)
3.59 * Life Insurance Company of North America - Amendment - Board
approval is requested by the Human Resources Department for an
amendment to the agreement with Life Insurance Company of
North America for the provision of life insurance benefits to
County employees. The amendment revises the agreement by
adding the additional class of "Public Authority Employees" to
the agreement to allow for the provision of life insurance
benefits to Butte County In-Home Supportive Services Public
Authority employees. All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.60 * Standard Insurance Company - Amendment - Board approval is
requested by the Human Resources Department for an amendment
to the agreement with Standard Insurance Company for the
provision of long-term disability benefits to County
employees. The amendment revises the agreement to add the
Butte County In-Home Supportive Services Public Authority as
an employer under the umbrella of Butte County to allow for
the provision of long-term disability benefits to Public
Authority employees. All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.61 * Managed Health Network - Board approval is requested by the
Human Resources Department for a renewal agreement with
Managed Health Network for the provision of the Employee
Assistance Program. The term of the agreement is through
June 30, 2003, and will renew automatically in one year
increments. The cost of the agreement is based on the number
of employees covered (currently 2,200), with an employee rate
of $9.11 per eligible employee per month (an increase of $0.75
per employee per month/Human Resources Department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract No. X13882)
Page 16 November 12, 2002
Time Item No.
3.62 * California State Library - Library Services and Technology Act
Grant Program - Board approval is requested by the Director of
Libraries to apply to the California State Library for
continued funding under the Library Services and Technology
Act Grant Program. The County received $83,311 in grant funds
in fiscal year 2002-2003 and is requesting Board permission to
apply for a continuance grant in the amount of $50, 000 for
fiscal year 2003-2004 - action requested - APPROVE SUBMISSION
OF GRANT APPLICATION AND AUTHORIZE THE DIRECTOR OF LIBRARIES
TO SIGN.
3.63 * Inland Business Systems - Board approval is requested by the
Director of Libraries for a maintenance agreement with Inland
Business Systems for repair and maintenance services for a
reader printer. The term of the agreement is
September 26, 2002, through September 26, 2003, with a maximum
amount payable of $667 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13843)
3.64 * Kennedy/Jenks Consultants - Amendment - Board approval is
requested by the Public Works Department for an amendment to
the agreement with Kennedy/Jenks Consultants for monitoring
services of supernatant and leachate liquids stored at the
Neal Road Landfill. The amendment extends the term of the
agreement for one year, and increases the maximum amount
payable by $17,100 (Neal Road Landfill Management Fund).
All other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X11847)
3.65 * Waste Recovery West, Inc. - Amendment - Board approval is
requested by the Public Works Department for an amendment to
the agreement with Waste Recovery West, Inc., for the
provision of waste tire removal and recycling services at the
Neal Road Landfill. The amendment extends the term of the
agreement through September 30, 2003, and increases the
maximum amount payable by $20,000 (Neal Road Landfill
Management Fund). All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11408)
Page 17 November 12, 2002
Time Item No.
3.66 * California State University, Chico Research Foundation - Board
approval is requested by the Department of Water and Resource
Conservation for an agreement with California State
University, Chico Research Foundation for the provision of
services in support of the Cherokee Watershed Water Quality
Investigation funded by Costa/Machado Water Bond of 2000 grant
funds awarded to the County in cooperation with the Cherokee
Watershed Group. The term of the agreement is
November 15, 2002, through February 1, 2005, with a maximum
amount payable of $107,134 (grant funds) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Miscel- 3.67 * 2003 Board of Supervisors Meeting Dates Calendar -
laneous consideration of the meeting dates calendar for 2003,
including alterations of meeting dates based on holidays -
action requested - ADOPT CALENDAR AND DIRECT DISTRIBUTION TO
COUNTY DEPARTMENTS.
3.68 * Advanced Step Hire - Correctional Officer - Board approval is
requested by the Sheriff's Office for the advanced step hire
of a Correctional Officer candidate to Step 3 of the salary
range based on training and experience with the department as
a regular-help and extra-help employee. Pursuant to Personnel
Rule 11.5(b), the Director of Human Resources recommends the
advanced step hire - action requested - APPROVE ADVANCED STEP
HAIR OF A CORRECTIONAL OFFICER CANDIDATE TO STEP 3 OF THE
SALARY RANGE.
3.69 Review of the Existence of a Local Emergency - on
September 24, 2002, the Board of Supervisors confirmed the
existence of an agricultural state of disaster in Butte County
as a result of drought conditions and the effects of those
conditions on local livestock. Pursuant to Government Code
Section 8630, the Board must review the need for continuing
the state of local emergency at its regularly scheduled
meetings until the local emergency is terminated. The
Agricultural Commissioner informs the Board that the need for
a continued state of local emergency is needed - action
requested - CONTINUE STATE OF LOCAL EMERGENCY.
4.00 Regular Agenda
4.01 Appointments - Boards, Commissions, and Committees.
* 1. Appointments to listed vacancies.
4.02 Update on legislative
ADMINISTRATIVE OFFICER)
and budget activities. (CHIEF
Page 18 November 12, 2002
Time Item No.
4.03 * Autumn Park Drive Rename Project - consideration of a name
change for Autumn Park Drive to conform to the North Chico
Specific Plan Area Development Regulations and Design
Guidelines, Section 7.6-5. The Public Works Department
conducted a survey of property owners along and near the
existing segments of Autumn Park Drive. Based on the result
of the returned surveys, Autumn Park Drive is proposed to be
renamed Kittyhawk Drive - action requested - ADOPT A
RESOLUTION SETTING A PUBLIC HEARING FOR CONSIDERATION OF THE
MATTER FOR DECEMBER 10, 2002, AT 10:25 A.M. (PUBLIC WORKS)
4.04 * Ordinance Amending Butte County Code Chapter 19 -
consideration of an ordinance amending sections 19-5, 19-9 and
19-13 of the Butte County Code pertaining to sewage disposal
system permits, septic tanks and development of lots and
parcels within the Chico Urban Area, and providing for the
implementation of the "Chico Urban Area Nitrate Compliance
Plan" - action requested - WAIVE READING OF THE ORDINANCE.
(ENVIRONMENTAL HEALTH)
4.05 * Health Insurance Portability and Accountability Act (HIPAA)
Compliance Officer Position - consideration of the creation of
a Compliance Officer position to perform tasks associated with
the implementation of HIPAA, and support staff modifications
to provide necessary clerical support - action requested -
CONCUR, IN CONCEPT, WITH CREATING AND ADDING THE PROPOSED
POSITION OF COMPLIANCE OFFICER, AND DIRECT STAFF TO MEET AND
CONFER WITH THE APPROPRIATE EMPLOYEE ASSOCIATIONS REGARDING
THE POSITION; AND CONCUR, IN CONCEPT, WITH THE PROPOSED
RECLASSIFICATION OF AN EXISTING OFFICE ASSISTANT III POSITION
TO A PRINCIPAL CLERK/ADMINISTRATIVE SERVICES ASSISTANT
POSITION. (CHIEF ADMINISTRATIVE OFFICER)
4.06 * Butte County Integrated Watershed and Resource Conservation
Program - presentation of the work plan for the Butte County
Integrated Watershed and Resource Conservation Program -
action requested - ACCEPT THE RECOMMENDATION OF THE BUTTE
COUNTY WATER COMMISSION AND APPROVE THE WORK PLAN FOR THE
INTEGRATED WATERSHED AND RESOURCE CONSERVATION PROGRAM.
(WATER AND RESOURCE CONSERVATION)
Page 19 November 12, 2002
Time Item No.
4.07 * Agricultural Water Temperature Problem - consideration of a
letter to be sent to various entities, including the
Department of Water and Power, Federal Energy Regulatory
Commission, State Water Contractors, Joint Districts, and
stakeholders in the Lake Oroville relicensing process,
providing the County's position on the agricultural water
temperature problem - action requested - AUTHORIZE THE CHAIR
TO SIGN AND FORWARD LETTER ON BEHALF OF THE COUNTY OF BUTTE.
(COUNTY COUNSEL)
4.08 * Bradford R. Luz, Ph.D. - Employment Contract Amendment - Board
approval is requested by the Chief Administrative Officer for
an amendment to the employment agreement with Bradford R. Luz,
Ph.D., to serve as the Director of Behavioral Health. The
proposed amendment extends the terms of the agreement through
November 1, 2005. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (CHIEF ADMINISTRATIVE OFFICER)
4.09 Items removed from the Consent Agenda for Board consideration
and action.
4.10 Recess as the Butte County Board of Supervisors and convene as
the Butte County In-Home Supportive Services Public Authority
Board.
Page 20 November 12, 2002
Time Item No.
Butte County In-Home Supportive Services Public Authority
Agenda
November 12, 2002
1.00 Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
2 . 0 0 Consent Acrenda
2.01 * Butte County - Interagency Agreement - Amendment - Board
approval is requested for an amendment to the interagency
agreement with Butte County which sets forth the respective
responsibilities of the County and the Authority for
administration of the In-Home Supportive Services program.
The amendment adds requirements regarding confidentiality and
further clarifies the responsibilities of the County
departments and the Authority. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
2.02 * Craig L. Jory, Jory HR - Board approval is requested for an
agreement with Craig L. Jory, Jory HR, for the provision of
labor relations services regarding providers' salaries and
benefits. The agreement is in the amount of $18,000 annually,
including travel time and costs - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.00 Recrular Acrenda
3.01 * Public Authority Manager Recommendation - the Butte County
Department of Employment and Social Services has screened and
interviewed applicants for the Public Authority Manager
position pursuant to Board direction and is recommending the
Board appoint Brian Frink to the position. The employment
agreement is for a term of three years - action requested -
APPROVE EMPLOYMENT AGREEMENT WITH BRIAN FRINK TO SERVE AS THE
PUBLIC AUTHORITY MANAGER. (EMPLOYMENT AND SOCIAL SERVICES)
4.00 Public Comment
5.00 Adjournment
ADJOURN AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC
AUTHORITY BOARD AND RECONVENE AS THE BUTTE COUNTY BOARD OF
SUPERVISORS
Page 21 November 12, 2002
Time Item No.
Butte County Board of Supervisors
Continued Agenda
5.00 Public Hearing and Timed Items
10:25 A.M. 5.01 * Public Hearing - Abandonment of a Portion of Crown Point
Road - consideration of a resolution of abandonment of the
northerly portion of Crown Point Road, northeast of State
Highway 32 in the Forest Ranch Area. The request was received
by Hollis R. Elliott and approval of the request was
recommended by the Planning Commission. On October 8, 2002,
the Board adopted Resolution 02-174 giving notice of this
hearing to consider the petition to abandon a public right-of-
way - action requested - OPEN THE PUBLIC HEARING TO CONSIDER
ALL OBJECTIONS. SHOULD THE BOARD CHOOSE TO APPROVE THE
ABANDONMENT, STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING
ACTION:
1. FIND THAT THE PUBLIC RIGHT-OF-WAY DESCRIBED IN THE
NOTICE OF HEARING AND PETITION IS UNNECESSARY FOR
PRESENT OR PROSPECTIVE PUBLIC USE AND ADOPT A RESOLUTION
ABANDONING THE DESCRIBED PORTION OF THE CROWN POINT ROAD
RIGHT-OF-WAY AND AUTHORIZE THE CHAIR TO SIGN.
10:30 A.M. 5.02 * Public Hearing - Use Permit Appeal - Ed Becker - consideration
of an appeal of the Planning Commission's denial of a Use
Permit to remove development restrictions imposed by Use
Permit 83-42 on the remaining property of a Homesite
Segregation on property zoned A-10 (Agricultural - 10 acre
parcels). The property is located on the south side of East
Gridley Road, approximately 1,100 feet west of Larkin Road, in
the Gridley area and identified as APN 024-040-054 (CBS [UP
02-19]) - action requested - STAFF RECOMMENDS THE BOARD TAKE
THE FOLLOWING ACTION:
1. SUBJECT TO FINDINGS I(A AND B [1-3]) DENY THE REQUEST
FOR A USE PERMIT TO REMOVE DEVELOPMENT RESTRICTIONS
IMPOSED BY USE PERMIT 83-42 ON THE REMAINING PROPERTY OF
A HOMESITE SEGREGATION.
Page 22 November 12, 2002
Time Item No.
10:45 A.M. 5.03
Continued Public Hearing - Floyd Damschen/Gary G. Stokes -
Rezone and Tentative Parcel Map - consideration of a rezone
from SR-1 (Suburban Residential - 1 acre parcels) to PUD
(Planned Unit Development) on a 5.9 acre parcel, and a
Tentative Parcel Map to divide the 5.9 acre parcel into three
lots: one of 1.3 acres, one of 1.4 +/- acres, and one of 2.1
acres. The PUD zone is requested because a common leach field
is required, and that necessitates a common ownership area.
A 1.5 +/- acre common ownership area, located on Parcel 3, is
proposed for open space for use by residents of the site and
for the leach field area for Parcels 1 and 2. Domestic water
supply would be obtained from individual on-site wells.
Access to the proposed parcels would be via private driveways
from Coyote Way. Only two new homes could be placed on the
project site as a result of this project because Parcel 3 is
already developed with a single-family dwelling. The Butte
County Public Works Department requires that Coyote Way be
widened from its existing 16-foot width to 20 feet in width
(note: the applicant has requested an exception to the
requirement to widen Coyote Way.) This is a project on which
notice of intent to adopt a negative declaration with
mitigation measures regarding environmental impacts has been
given. The property is located at the end of Coyote Way, at
652 Coyote Way, approximately 0.4 miles from the intersection
of Stilson Canyon Road and Coyote Way, east Chico area, and
identified as APN 011-100-013 (SB [REZ 02-02/TPM 02-27]) -
action requested - STAFF RECOMMENDS THE BOARD APPROVE THE
REZONE AND TENTATIVE PARCEL MAP TAKING THE ACTIONS LISTED
BELOW IN ITEM 1. THIS APPROVAL DOES NOT INCLUDE APPROVAL OF
THE ROAD EXCEPTION. SHOULD THE BOARD CHOOSE TO APPROVE THE
ROAD EXCEPTION, STAFF RECOMMENDS THE BOARD TAKE THE ACTIONS
LISTED BELOW IN ITEM 2.
1. A. SUBJECT TO FINDINGS I (A-E) AS DETAILED IN THE
STAFF REPORT DATED NOVEMBER 12,2002, (THESE ARE THE
SAME FINDINGS INCLUDED IN THE STAFF REPORT DATED
SEPTEMBER 24, 2002) ADOPT A MITIGATED NEGATIVE
DECLARATION;
(Continued on Page 24)
Page 23
November 12, 2002
Time Item No.
5.03 1. B. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
(Cont.) IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND WILDLIFE OR THEIR HABITAT AND APPROVE A
"DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3)
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;
INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY
NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE
SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR
ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR
CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT
CONSERVATION PLAN;
C. SUBJECT TO FINDINGS III (A-D) AS DETAILED IN THE
STAFF REPORT DATED NOVEMBER 12, 2002, (THESE ARE
THE SAME FINDINGS INCLUDED IN THE STAFF REPORT
DATED SEPTEMBER 24, 2002), ADOPT AN ORDINANCE
REZONING APN 011-100-013 FROM SR-1 (SUBURBAN
RESIDENTIAL-1 ACRE PARCELS) TO PUD AND AUTHORIZE
THE CHAIR TO SIGN;
D. SUBJECT TO FINDINGS IV (A-F) AS DETAILED IN THE
STAFF REPORT DATED NOVEMBER 12, 2002, (THESE ARE
THE SAME FINDINGS INCLUDED IN THE STAFF REPORT
DATED SEPTEMBER 24, 2002) AND THE CONDITIONS OF
APPROVAL AS DETAILED IN THE STAFF REPORT DATED
NOVEMBER 12, 2002, (THESE ARE THE SAME FINDINGS
INCLUDED IN THE STAFF REPORT DATED
SEPTEMBER 24, 2002) APPROVE TENTATIVE PARCEL MAP
02-28 FOR FLOYD DAMSCHEN AND GARY STOKES.
(Continued on Page 25)
Page 24 November 12, 2002
Time Item No.
5.03 2. SHOULD THE BOARD CHOOSE TO APPROVE THE ROAD EXCEPTION
(Cont.) WITH SIMILAR ROAD IMPROVEMENTS AS ARE FOUND IN THE
MARVIN CRITES PARCEL MAP, THE FOLLOWING ACTIONS SHOULD
BE TAKEN:
A. CONDITION 17 IS AMENDED TO READ, "17. PROVIDE TWO-
WAY TRAVERSABLE ACCESS TO EACH PARCEL FROM A COUNTY
MAINTAINED ROAD OR FROM A STATE HIGHWAY. IMPROVE
THE COYOTE WAY/STILSON CANYON ROAD INTERSECTION AND
INSTALL PAVED TAPERED VEHICLE TURNOUTS IN
ACCORDANCE WITH THE DIAGRAMS SHOWN IN ATTACHMENTS
C AND D OF THE STAFF REPORT DATED
NOVEMBER 12, 2002. IMPROVE PARCEL FRONTAGE TO
SECTION SHOWN ON PLAN SHEET 2. MINIMUM STRUCTURAL
SECTION SAME AS RS-8 LD-III. SUBMIT ROAD AND
DRAINAGE PLANS TO THE DEPARTMENT OF PUBLIC WORKS
FOR PLAN CHECKING AND APPROVAL PRIOR TO
CONSTRUCTION." AND;
B. TO SUPPORT THE ABOVE-REVISED CONDITION, ADD A
PARAGRAPH V TO THE FINDINGS SECTIONS, WITH FINDINGS
A AND B AS DETAILED IN THE STAFF REPORT DATED
NOVEMBER 12, 2002. (FROM 9-24-02 [5.04])
11:00 A.M. 5.04 * Public Hearing - Consideration of adoption of the following
two ordinances: 1) an Ordinance Amending Section 10-30, 10-31
and 10-33.5 of Article IV, Entitled "Chico Urban Area Street
Facility Improvement Fees" of Chapter 10 of the Butte County
Code and Adding Section 10-30.1 to Said Article IV; and 2) an
Ordinance Adding Article XVI to Chapter 3 of the Butte County
Code Regarding Development Impact Fees in the North Chico
Specific Plan Area. The Board will take comments on, and
consider adopting both fee ordinances. One ordinance
increases existing street facility improvement fees for the
Chico Urban Area. The other ordinance establishes development
impact fees for the North Chico Specific Plan Area - action
requested - INTRODUCE BOTH ORDINANCES; CONDUCT PUBLIC HEARING;
WAIVE READING OF THE ORDINANCE; AND DIRECT PLACEMENT OF THE
ORDINANCES ON THE CONSENT AGENDA OF DECEMBER 10, 2002, FOR
ADOPTION. (FROM 10-22-02 [4.06])
1:00 P.M. 5.05 Timed Item - Tuscan Formation Groundwater Tour - bus tour of
sites to view the Tuscan Formations within the County and to
view monitoring wells - action requested - ACCEPT FOR
INFORMATION.
Page 25 November 12, 2002
Time Item No.
6.00 Public Comment
COMMENTS REGARDING ITEMS NOT LISTED ON THE AGENDA.
PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF
SUPERVISORS IS PROHIBITED FROM TAKING ACTION ON ANY ITEM NOT
LISTED ON THE AGENDA.
7.00 Closed Session
7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
1. IELATI V. COUNTY OF BUTTE;
2. LAROE MOAK TRUST V. COUNTY OF BUTTE;
3. REQUEST AUTHORIZATION TO JOIN AMICUS CURIAE IN THE CASE
OF BARDEN V. CITY OF SACRAMENTO.
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) ONE
POTENTIAL CASE.
7.03 PUBLIC EMPLOYEE EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION
54957: DIRECTOR-BEHAVIORAL HEALTH.
A copy of the agenda and supporting material provided to the Board of Supervisors members to explain each agenda item (excluding documents that
are not a public record within the meaning of the Public Records Act) are available in the Administrative Office for your review. Please do not remove
items from this file. A copy 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 in the agenda signifies that material has
been provided to the Board of Supervisors members to explain this item. The Board of Supervisors is committed to making its proceedings accessible
to all citizens. Individuals with special needs may call 530-538-7643 for assistance. All requests for special accommodations must be made 48 hours
prior to the meeting.
Page 26 November 12, 2002