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BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
DECEMBER 2, 2003
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County Supervisors
R.J. "Bob" Beeler, District 1
Jane Dolan, District 2
Mary Anne Houx, District 3
Curt Josiassen, District 4
Kim Yamaguchi, District 5
Paul McIntosh, Chief Administrative Bruce Alpert, County Counsel
Officer and Clerk of the Board
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BUTTE COUNTY BOARD OF SUPERVISORS
9:00 A.M. 1.00
1.01
CALL TO ORDER
AGENDA -DECEMBER 2, 2003
Call to Order
Administration
Oroville.
1.02
1.03
2.00
- 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
3.00 CONSENT AGENDA
BEHAVIORAL
HEALTH 3.01 * Youth For Change - approval is requested for an
agreement with Youth For Change for the provision of
mental health services, day rehabilitation, and
medication support services to adolescent clients and
their families receiving full-scope Medi-Cal benefits.
The term of the agreement is July 1, 2003, through
June 30, 2004, with a maximum amount payable of
$498,270.70 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.02 * Michael Hitchko, Ph.D. - Amendment - approval is
requested for an amendment to the agreement with Michael
Hitchko, Ph.D., for the provision of services in the
specialized field of psychology. The amendment
increases the maximum amount payable by $10,000
(department budget), and revises the service schedule to
incorporate the amendment. 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. X14302)
3.03 * 7th Avenue Center - Amendment - approval is requested
for an amendment to the agreement with 7th Avenue Center
for the provision of services to clients in need of 24-
hour skilled nursing services. The amendment increases
the maximum amount payable by $5,445 (department
budget), revises the monthly payment provisions, and
revises the service summary to incorporate the
amendment. 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. X14417)
PAGE 1 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 2, 2003
3.04 * Butte County District Attorney/Butte County Department
of Behavioral Health - Amendment - approval is requested
for an amendment to the Memorandum of Understanding with
the Butte County District Attorney's Office for services
in support of the Substance Abuse and Crime Prevention
Act. The amendment extends the term of the agreement
through June 30, 2004, increases the maximum amount
payable by $18,514 (department budget) for the extended
term, revises the budget schedule to reflect the
increased funding, and amends agreement language
regarding inspections and audits. 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. X13549)
3.05 * Butte County Department of Employment and Social
Services/Butte County Probation/Butte County Department
of Behavioral Health - approval is requested for a
Memorandum of Understanding with the Department of
Employment and Social Services and the Probation
Department which provides for the assignment of
Behavioral Health staff to the Juvenile Hall to provide
assessment, evaluation and case management services to
detainees. The term of the agreement is July 1, 2003,
through June 30, 2004. The Department of Employment and
Social Services will provide $83,540 of Supportive and
Therapeutic Options Program (STOP) funds, representing
700 of the funding needed. The remaining 30o is a
required County match and will be provided by the
Probation Department to the Department of Employment and
Social Services - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14541)
3.06 * Fixed Asset Purchase and Budget Transfer - approval is
requested for the fixed asset purchase of two computer
servers, in the estimated amount of $12,500 each, which
will be used in the department's networking system.
Funding for the purchase is available within the
department's budget and approval is also requested for
a transfer of funds between line items to provide the
allocation for the purchase - action requested - APPROVE
BUDGET TRANSFER B-095 (4/5 vote required) AS DETAILED IN
THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF
COMPUTER EQUIPMENT IN THE ESTIMATED TOTAL AMOUNT OF
$25,000.
PAGE 2 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -DECEMBER 2, 2003
3.07 * Single Jurisdiction Drug Court Enhancement Grant -
approval is requested to accept $300,000 over two years
from the United States Department of Justice, Bureau of
Justice Assistance, under the Single Jurisdiction Drug
Court Enhancement Grant program. The grant funds will
be used to enhance the County's Comprehensive Treatment
Court programs. The term of the grant is
September 1, 2003, through August 31, 2005, with a
maximum amount payable to the County of $300,000.
Approval is also requested to accept and appropriate
$150,000 into the current year's budget, with the
remainder to be allocated in the fiscal year 2004-2005
budget - action requested - ACCEPT GRANT AWARD; APPROVE
GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER;
AND APPROVE BUDGET TRANSFER B-096 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE
AS DETAILED IN THE AGENDA REPORT.
CHIEF
ADMINISTRATIVE
OFFICE 3.08 * Employment Agreement Amendments - submitted are
amendments to employment agreements for the following
department heads: 1) Patricia S. Cragar, Director-
Employment and Social Services. Extends the term of the
agreement through December 30, 2006. All other terms
and provisions remain the same. 2) Nancy Brower,
Director-Libraries. Extends the term of the agreement
through December 14, 2006. All other terms and
provisions remain the same. 3) Richard Price,
Agricultural Commissioner. Extends the term of the
agreement through May 8, 2008. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENTS (3) AND AUTHORIZE THE CHAIR TO
SIGN.
3.09 * Department Head Salaries - the implementation of the
Countywide Classification/Compensation study has
provided an opportunity to review and revise the system
for determining appointed and elected department head
salaries. Submitted is an outline of recommended
changes and revised Annual Performance Review
Procedures. The proposed changes, if accepted, will
become effective upon implementation of the
classification and compensation study and would apply to
the fiscal year beginning July 1, 2004. The Chief
Administrative Officer has met with each elected
official and the appointed department heads and has
received concurrence to this approach - action
requested - APPROVE RECOMMEND CHANGES TO THE METHOD FOR
SETTING SALARIES FOR APPOINTED AND ELECTED DEPARTMENT
HEADS AS OUTLINED, AND APPLY THE CHANGES TO THE FISCAL
YEAR BEGINNING JULY 1, 2004.
PAGE 3 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 2, 2003
CLERK OF
THE BOARD 3.10 * Butte County Water Commission - action requested -
APPOINT DAVID E. SKINNER, LANDOWNER-DISTRICT WATER
REPRESENTATIVE, TO A VACANT TERM TO END MARCH 1, 2007.
3.11 Richardson Springs Community Services District - action
requested - APPOINT STEPHEN R. BELL AND JACOB FINELY,
DIRECTORS, TO TERMS TO END DECEMBER 3, 2007.
3.12 Richvale Irrigation District - action requested -
APPOINT LYLE D. JOB, DIVISION 2 DIRECTOR, TO A TERM TO
END DECEMBER 7, 2007.
COUNTY-CLERK
RECORDER 3.13 * Request for Consolidation - Paradise Unified School
District - the Paradise Unified School District has
submitted Resolution No. 02/04-7, requesting
consolidation of a special election with the statewide
Primary Election to be held on March 2, 2004. The
District will submit a measure to the voters relating to
the abolishment of Trustee Areas in the Paradise Unified
School District - action requested - APPROVE
CONSOLIDATION.
3.14 * Request for Consolidation - the Town of Paradise has
submitted Resolution No. 03-69, requesting consolidation
of a special election with the statewide Primary
Election to be held on March 2, 2004. The Town will
submit to the voters a measure related to raising the
transient occupancy tax in the Town from 6o to 100 -
action requested - APPROVE CONSOLIDATION.
3.15 * Request for Consolidation - City of Oroville - the City
of Oroville has submitted Resolution No. 6121,
requesting consolidation of a special election with the
statewide Primary Election to be held on March 2, 2004.
The City will submit a measure to the voters to consider
an initiative proposing to amend the Oroville City
Charter by adding Article XXXI, requiring binding
arbitration of unresolved employee disputes and
controversies between the City of Oroville and the City
Fire Department employee organization - action
requested - APPROVE CONSOLIDATION.
COUNTY
COUNSEL 3.16 * Hendrick & LaSala - Amendment - approval is requested
for an amendment to the agreement with Hendrick & LaSala
for the provision of specialized attorney services. The
amendment provides for a name change of the firm from
Daley and Heft to Hendrick & LaSala, and revises the
amount of indemnity insurance required. All other terms
and provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X14502)
PAGE 4 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -DECEMBER 2, 2003
3.17 * Jackson Lewis LLP - approval is requested for an
agreement with Jackson Lewis LLP, for the provision of
specialized attorney services regarding personnel
issues. The term of the agreement is one year, but will
be extended as needed to complete matters submitted for
resolution prior to the term ending date. The hourly
rate of compensation is $250 for partner services and
$210 for associate attorney services (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14578)
DEVELOPMENT
SERVICES 3.18 * Development Services Department Zoning Code Amendment -
Report to the Board - pursuant to Butte County Code,
submitted is the Planning Commission's report to the
Board on a proposed Zoning Code Amendment. The proposed
amendment will revise the Lot Line Adjustment and Merger
provisions of Chapter 20 and Chapter 24 of the Butte
County Code regarding public hearing requirements,
zoning amendment requirements, and site requirements.
The Planning Commission has recommended approval -
action requested - ACCEPT THE REPORT; AND DIRECT THE
CLERK OF THE BOARD TO SET A PUBLIC HEARING FOR
CONSIDERATION OF THIS MATTER FOR DECEMBER 16, 2003, AT
10:30 A.M.
DISTRICT
ATTORNEY 3.19 * In-Home Supportive Services Public Authority Fraud
Investigation Program - proposed is the addition of a
fraud investigation component to the In-Home Supportive
Services Public Authority programs. The Department of
Employment and Social Services will provide $75,000
(department budget) to the District Attorney to fund one
District Attorney Investigator II/I position, one
Investigative Assistant position, and office furniture
and equipment to support the positions. An amendment to
the salary ordinance which includes the new positions
has been submitted as a separate item. Also proposed is
a Memorandum of Understanding between the District
Attorney and the Department of Employment and Social
Services, detailing the terms of the program - action
requested - APPROVE BUDGET TRANSFER B-099 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT; APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
DIRECT STAFF TO RETURN TO THE BOARD IN ONE YEAR WITH A
REVIEW OF THE PROGRAM.
PAGE 5 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 2, 2003
EM
AND SOCIAL
SERVICES 3.20 * Youth For Change - approval is requested for an
agreement with Youth For Change for the provision of
Transitional Housing Services to clients in out-of-home
placements under the supervision of the department. The
agreement provides for payment of services rendered to
a resident client required to be in the program beyond
the period allocated by Foster Care Eligibility
Regulations. The term of the agreement is July 1, 2003,
through August 23, 2003, with a maximum amount payable
of $3,840. Funding for the agreement will be provided
by Independent Living Program funds - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X14520)
FIRE
DEPARTMENT 3.21 * Volunteer Fire Assistance Grant - approval is requested
to accept a $20,000 grant from the State of California,
Department of Forestry and Fire Protection, under the
Volunteer Fire Assistance Program. The grant requires
a $20,000 County match, which is included in the
department's budget. The funds will be used to purchase
personal protective clothing - action requested - ADOPT
RESOLUTION APPROVING GRANT AND AUTHORIZE THE CHAIR TO
SIGN; AND APPROVE GRANT AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
GENERAL
SERVICES 3.22 Adoption of an Ordinance of the County of Butte
Repealing Chapter 46 of the Butte County Code Concerning
Purchasing and Replacing it with a New Chapter 46
Concerning Purchasing - proposed is an ordinance which
will establish a policy that provides a 5 o preference to
Butte County suppliers for purchases of personal
property for County use - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-
18-03 [3.33])
PAGE 6 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 2, 2003
H
12ESOURCES 3.23 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: AUDITOR-CONTROLLER:
extends the position end date of one flexibly staffed
sunset position of Accounting Specialist/Senior Account
Clerk/Account Clerk, from December 31, 2003, to
June 30, 2004. DISTRICT ATTORNEY-CRIMINAL: extends the
position end date of one sunset position of Paralegal,
from December 31, 2003, to June 30, 2004. DISTRICT
ATTORNEY-WELFARE FRAUD: adds one flexibly staffed
position of District Attorney Investigator II/I and one
position of Investigative Assistant as part of the In-
Home Supportive Services Fraud Investigation program.
SHERIFF-CORONER - SERVICES: extends the position end
date of one sunset position of Sheriff's Clerk II, from
December 31, 2003, to December 31, 2004. SHERIFF-
CORONER - OPERATIONS: extends the position end date of
one sunset position of Deputy Sheriff, from
December 31, 2003, to December 31, 2004. PUBLIC
HEALTH - GENERAL SERVICES: adds one half-time position
of Certified Nurse Practitioner, and one flexibly
staffed position of Administrative Analyst III/II/I.
Extends the position end date of one flexibly staffed
sunset position of Public Health Assistant II/I, from
December 31, 2003, to December 31, 2004. PUBLIC HEALTH-
ENVIRONMENTAL HEALTH: deletes one flexibly staffed
position of Environmental Health Specialist II/I, and
adds one flexibly staffed position of Environmental
Health Specialist III/II/I - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
LIBRARY 3.24 * Library Donations - pursuant to Government Code Section
25355, donations of $1,000 from the Paradise Friends of
the Library, $600 from the Chico Friends of the Library,
$500 from the Fraternal Order of Eagles, Chico Auxiliary
#218, and $300 from anonymous donors, have been received
for the Butte County Trust Fund for the purchase of
books - action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
PUBLIC
woRxs 3.25 * A/C Industrial Corporation - Amendment - approval is
requested for an amendment to the agreement with A/C
Industrial Corporation for the removal and disposal of
prohibited wastes from the Neal Road Sanitary Landfill.
The amendment provides for the inclusion of Freon
removal from appliances that are received at the
facility for recycling. 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. X10536)
PAGE 7 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 2, 2003
3.26 * Delta Oilfield Services, Inc. - approval is requested
for an agreement with Delta Oilfield Services, Inc., for
the pumping and transportation of septage supernatant
liquids and leachate liquids from the Neal Road Sanitary
Landfill. The agreement is the result of a Request For
Bids, with Delta Oilfield Services, Inc., being the
lowest bidder. The term of the agreement is based on
volume, with a total of 3,600,000 gallons of supernatant
and 3, 000, 000 gallons of leachate liquid to be pumped at
the rate of $0.02 per gallon. The maximum amount
payable under the agreement is $130,000 (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.27 * The Villas at Butte Creek Subdivision - Final Map - The
Villas at Butte Creek Subdivision, APN 040-035-019 and
022, is a conditionally approved 14-lot private street
subdivision located at the intersection of Estates Drive
and State Highway 99, south of Chico. The developer has
complied with the Conditions of Approval, has completed
the majority of the required improvements, and has
provided a cash bond to cover construction of the
remaining facilities. The developer has also entered
into a Subdivision Agreement to provide a surety bond in
the form of a letter of credit to guarantee maintenance
of the required improvements for one year - action
requested - APPROVE FINAL MAP; ACCEPT ON BEHALF OF THE
PUBLIC THE PUBLIC SERVICE EASEMENTS; FEE TITLE TO THE
PUBIC ROADWAY AT THE INTERSECTION OF ESTATES DRIVE AND
THE 60-FOOT FRONTAGE ROAD, AND RELINQUISHMENT OF ALL
ABUTTER'S RIGHTS OF ACCESS TO SAID 60-FOOT FRONTAGE ROAD
AS OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT; AND
AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT.
3.28 * Rehabilitation of Skyway from Chico City Limits to 6.25
Miles East; County Project No. 51261-1/2-2000-1 -
Contract Change Order (CCO) No. 1 - CCO No. 1, in the
overall decreasing amount of $586, provides for a
decrease in the engineer's estimate for paint binder
tack coat open grade, and MBGR bridge construction
assembly, and an increase in work needed to grind an
unsuitable existing asphalt concrete surface and replace
it with a full-depth asphalt concrete section - action
requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO
SIGN.
PAGE 8 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -DECEMBER 2, 2003
3.29 * Resolution of Intent to Abandon a Public Utilities
Easement - the department has received a request, on
behalf of Polens Family Trust, to abandon an existing
10-foot Public Utilities Easement on property located at
the northwest corner of Pinehurst Way and Columbine
Road, in the Paradise Pines area. The Planning
Commission has recommended approval - action requested -
ADOPT RESOLUTION GIVING NOTICE OF INTENT TO ABANDON A
PUBLIC SERVICE EASEMENT; AND DIRECT THE CLERK OF THE
BOARD TO SET A PUBLIC HEARING TO CONSIDER THIS MATTER
FOR TUESDAY, JANUARY 13, 2004, 10:30 A.M.
SHERIFF S
OFFICE 3.30 * Superior Court of California, County of Butte - approval
is requested for an agreement with the Superior Court of
California, County of Butte, for the provision of
security services to the Court. The term of the
agreement is July 1, 2003, through June 30, 2004, with
a maximum amount payable to the County of $1,164,200 -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
3.31 * Budget Transfer - approval is requested to transfer
$4,300 of department Local Law Enforcement Block Grant
funds between budget line items to provide the
appropriation necessary to purchase Taser Intermediate
Weapon Systems - action requested - APPROVE BUDGET
TRANSFER B-094 AS DETAILED IN THE AGENDA REPORT.
TREASURER-
TAx COLLECTOR 3.32 * Monthly Investment Report - submitted it the Monthly
Investment Report dated October 31, 2003, in accordance
with the Statement of Investment Policy dated
July 1, 2003 - action requested - ACCEPT FOR
INFORMATION.
WATER AND RESOURCE
CONSERVATION 3.33 * Camp, Dresser & McKee - Amendment - approval 1S
requested for an amendment to the agreement with Camp,
Dresser & McKee for the preparation of an Integrated
Watershed and Resource Conservation Plan. The amendment
eliminates the distinction of funding by fiscal year to
allow full use of the funds in the current fiscal year.
Board approval is also requested to accept and
appropriate $84,000 in carryover fiscal year 2002-2003
funds into the current fiscal year - action requested -
APPROVE BUDGET TRANSFER B-098 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS
DETAILED IN THE AGENDA REPORT; AND APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 9 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -DECEMBER 2, 2003
3.34 * Camp, Dresser & McKee - Amendment - approval is
requested for an amendment to the agreement with Camp,
Dresser & McKee for the preparation of the Groundwater
Modeling Element of the Integrated Watershed and
Resource Conservation Plan. The amendment extends the
term of the agreement through June 30, 2004, to allow
additional time to complete the study. 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. X14534)
OTHER DEPARTMENTS
AND AGENCIES
3.35 * Tax Exchange Agreement between the Lake Oroville Area
Public Utility District and the County of Butte - the
Local Agency Formation Commission has received an
application for annexation from the Lake Oroville Area
Public Utility District. Pursuant to Revenue and
Taxation Code Section 99-99.2, a property tax exchange
agreement must be reached between the District and the
County. The Lake Oroville Area Public Utility
District's Board of Directors has certified, by
Resolution No. 17-03, that the change in organization
will be revenue neutral to each affected agency - action
requested - APPROVE PROPERTY TAX EXCHANGE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN
4.00 REGULAR AGENDA
APPOINTMENTS 4 . 01 * Appointments to Boards, COmm1SS10T1S and Committees .
1. Appointments to Listed Vacancies.
2. Northern California Water Association -
consideration of the selection of two directors
(one director and one alternate director) to two
year terms ending December 15, 2005 - action
requested - SELECT DIRECTOR(S) AND ALTERNATE
DIRECTOR(S).
BUDGET AND
LEGISLATIVE
UPDATE 4.02 Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
PAGE 10 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 2, 2003
PR
AND DISCUSSION
ITEMS 4.03 Presentation of California State Fair Award -
presentation by the Butte County Economic Development
Corporation of an award presented to Butte County by the
California State Fair - action requested - ACCEPT FOR
INFORMATION. (BOB LINSCHEID, BUTTE COUNTY ECONOMIC
DEVELOPMENT CORPORATION)
4.04 * National Pollutant Discharge Elimination System (NPDES)
Phase II - Butte County's Storm Water Management
Program - Report to the Board -update on the status of
Butte County's Storm Water Management Program - action
requested - ACCEPT FOR INFORMATION. (PUBLIC WORKS)
4.05 * Drug Endangered Children Program - Resolution to Amend
the Salary Ordinance - at the request of the District
Attorney, the Human Resources Department has prepared a
resolution which will amend the salary ordinance as
follows: DISTRICT ATTORNEY-CRIMINAL - extends the
position end dates of one flexibly staffed sunset
position of District Attorney Investigator II/I, and one
sunset position of Legal Typist Clerk, from
December 31, 2003, to June 30, 2004 - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(DISTRICT ATTORNEY)
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 11 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 2, 2003
BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
AGENDA - DECEMBER 2, 2003
1.00 Call to Order - Board of Supervisors Chambers, 25 County
Center Drive, Oroville.
2.00 Aaenda Items
2.01 * Employment Agreements and Personnel Policies -
consideration of at-will employment agreements for the
positions of Public Authority Manager, Public Authority
Secretary, Public Authority Services Specialist, and
Public Authority Services Specialist Aide.
Additionally, Personnel Policies have been developed
that are consistent with Butte County Personnel Rules,
and they are included as an appendix to the employment
agreements - action requested - APPROVE EMPLOYMENT
AGREEMENTS (4) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER;
AND APPROVE PUBLIC AUTHORITY PERSONNEL POLICIES.
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.
4.00 Adjournment
Adjourn as the Butte County In-Home Supportive Services
Public Authority Board and Reconvene as the Butte County
Board of Supervisors.
PAGE 12 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS CONTINUED AGENDA
rJ . OO PUBLIC HEARINGS AND TIMED ITEMS
10:30 A.M. 5.01 * Continued Public Hearing - Certificate of Merger
Appeal - Reed B. Johnson - consideration of an appeal of
a denial of a Certificate of Merger for a project to
reconfigure 2 parcels on property located on the
northwest corner of Larkin Road and Johnson Clan Avenue
in the Gridley area, and identified as APN 024-200-067
and 068 - action requested - STAFF IS RECOMMENDING THE
BOARD FIND THAT APPROVAL OF THE PROJECT WOULD NOT BE IN
CONFORMANCE WITH THE ZONING AND GENERAL PLAN CRITERIA
AND DENY THE APPEAL. (FROM 10-28-03 [5.01])
10:30 A.M. 5.02 * Public Hearing - Lot Line Adjustment Appeal - Charles
Pfister - consideration of an appeal of a denial of a
Lot Line Adjustment for a project to reconfigure 2
parcels to effect a 1991 Homesite Segregation Use Permit
approval on property located on the southeast corner of
Peterson Avenue and Lewis Oak Road in the Gridley area,
and identified as APN 021-190-069 and 070 - action
requested - STAFF IS RECOMMENDING THE BOARD FIND THAT
APPROVAL OF THE PROJECT WOULD NOT BE IN CONFORMANCE WITH
THE ZONING AND GENERAL PLAN CRITERIA AND DENY THE
APPEAL. (FROM 10-28-03 [5.02])
10:30 A.M. 5.03 * Public Hearing - Certificate of Merger Appeal - David
North - consideration of an appeal of a denial of a
Certificate of Merger for a project to merge 8+
underlying lots into 2 lots on property located on the
south side of Ludlum Avenue, approximately 200 feet west
of Irwin Avenue in the Palermo area, and identified as
APN 026-221-002 - action requested - STAFF IS
RECOMMENDING THE BOARD FIND THAT APPROVAL OF THE PROJECT
WOULD NOT BE IN CONFORMANCE WITH THE ZONING AND GENERAL
PLAN CRITERIA AND DENY THE APPEAL. (FROM 10-28-03
[5.03] )
10:30 A.M. 5.04 * Public Hearing - Certificate of Merger Appeal - Brian
Cook - consideration of an appeal of a denial of a
Certificate of Merger for a project to modify the common
property line between 2 parcels located on the northeast
corner of Highway 99 and Drake Avenue in the Biggs area,
and identified as APN 025-120-038 and 046 - action
requested - STAFF IS RECOMMENDING THE BOARD FIND THAT
APPROVAL OF THE PROJECT WOULD NOT BE IN CONFORMANCE WITH
THE ZONING AND GENERAL PLAN CRITERIA AND DENY THE
APPEAL. (FROM 10-28-03 [5.04])
PAGE 13 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 2, 2003
10:30 A.M. 5.05 * Public Hearing - Certificate of Merger Appeal -
Lawrence E. Crabtree - consideration of an appeal of a
denial of a Certificate of Merger for a project to
reconfigure 2 existing lots located on the south side of
Chico River Road, approximately 400 feet east of Crouch
Avenue in the Chico area, and identified as APN 039-120-
031 and 032 - action requested - STAFF IS RECOMMENDING
THE BOARD FIND THAT APPROVAL OF THE PROJECT WOULD NOT BE
IN CONFORMANCE WITH THE ZONING AND GENERAL PLAN CRITERIA
AND DENY THE APPEAL. (FROM 10-28-03 [5.05])
11:00 A.M. 5.06 * Continued Public Hearing - Stephen J. Schuster -
Tentative Subdivision Map (Sierra Moon Subdivision) -
Late Appeal - consideration of a late appeal of a
Tentative Subdivision Map condition. The Subdivision
Map would create 119 single family residential parcels
in accordance with a previously approved Planned Unit
Development and Development Agreement. The property is
zoned SR-1/PD (Suburban Residential - 1 acre parcels/
Planned Development) and OS/PD (Open Space/Planned
Development) and is located north of Chico and west of
the Chico Airport, on the west side of Hicks Lane,
approximately 3,000 feet south of Keefer Road in the
North Chico Specific Plan area, and identified as APN
047-710-001 (DB [TSM 03-01]) - action requested:
1. PURSUANT TO THE FINDINGS REQUIRED BY BUTTE COUNTY
CODE SECTION 20-66(d), AND AS DETAILED BY THE
STAFF REPORT DATED DECEMBER 2, 2003; DETERMINE IF
THE FINDINGS CAN BE MADE CONCERNING THIS APPEAL.
2. SHOULD THE BOARD DETERMINE THAT THE FOUR FINDINGS
CAN BE MADE IN ACCORDANCE WITH SECTION 20-66(d) OF
THE BUTTE COUNTY CODE, SET A PUBLIC HEARING TO
CONSIDER THE MERITS OF THE LATE APPEAL. (FROM
10-28-03 [5.08])
PAGE 14 DECEMBER 2, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 2, 2003
1:00 P.M. 5.07 Continued Public Hearing - Development Fees -
consideration of an ordinance amending Butte County Code
Sections 3-41, 3-43, 3-44, 3-81, and 3-82, regarding
certain fees chargeable for processing applications for
land use entitlements by the Building and Planning
Divisions of the Development Services Department and the
Land Development Division of the Public Works
Department - action requested - ADOPT ORDINANCE AMENDING
BUTTE COUNTY CODE AND AUTHORIZE THE CHAIR TO SIGN; AND
ADOPT RESOLUTION ESTABLISHING DEVELOPMENT SERVICES
DEPARTMENT BUILDING DIVISION FEE SCHEDULE AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 11-18-03 [5.02])
F) . OO PUBLIC COMMENT
Comments to the Board on issues and items not listed on
the agenda. Presentations will be limited to five
minutes. Please note that pursuant to California state
law, the Board of Supervisors is prohibited from taking
action on any item not listed on the agenda.
7.00 CLOSED SESSION
7.01 CONFERENCE WITH LEGAL COUNCIL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) CLEANUP AND ABATEMENT ORDER NO. 85-2003-
0707; HUMBOLDT ROAD BURN DUMP, CHICO.
7.02 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8:
PROPERTY: 442 EATON ROAD, CHICO, CALIFORNIA.
AGENCY NEGOTIATOR: WILLIAM CURRY, DIRECTOR-GENERAL
SERVICES.
NEGOTIATING PARTIES: LEE E. AND BEVERLY BAXTER.
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT.
7.03 PUBLIC EMPLOYEE PERFORMANCE EVALUATION, INCLUDING GOALS,
PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF
ADMINISTRATIVE OFFICER AND COUNTY COUNSEL.
PAGE 15 DECEMBER 2, 2003
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 Admini stration 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. Consent Agenda: 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
Consent Agenda, 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 of the 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