HomeMy WebLinkAboutA121101BOARD OF SUPERVISORS
AGENDA
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
KIM YAMAGUCHI, 5th District
Happy Holidays
December 11, 2001
Time Item No.
9:00 A.m. 1.00
2.00
2.01
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Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive,
Oroville.
Pledge of Allegiance to the Flag of the United
States of America.
Invocation - Michael Coulter, Assistant Pastor, New
Hope Missionary Baptist Church, Oroville.
3.00 Consent Acrenda
Budget 3.01 * Budget Transfers - action requested - APPROVE BUDGET
Transfers TRANSFERS B-150 (PROBATION); B-152 (SOUTHSIDE
OROVILLE COMMUNITY CENTER [4 /5 vote required]); AND
B-144 (EMERGENCY SERVICES/APPROPRIATION FOR
CONTINGENCIES [4 /5 vote required]).
Donations 3.02 * Library Donations - pursuant to Government Code
Section 25355, donations of $2,100 from the Chico
Friends of the Library, $2,000 from an anonymous
donor, $1,000 from Paradise Friends of the Library,
$1,000 from Joan Regan and Loy Braley of Paradise,
and $100 from Tammy Behar of Chico, have been
received for the Butte County Trust Fund for the
purchase of books - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
Time Item No.
Appoint- 3.03 * In-Home Supportive Services Advisory Committee -
ments Committee Vacancy Direction - on July 24, 2001, the
Board adopted by-laws for the In-Home Supportive
Services (IHSS) Advisory Committee and directed the
Department of Employment and Social Services to
solicit members for appointments to the committee,
and to submit recommendations to the Board.
Subsequent vacancies on the committee have
necessitated the need to have a policy in place for
solicitation of members for vacancies. The
Department of Employment and Social Services has
prepared an agenda item which delegates the
responsibility of soliciting members for the IHSS
Advisory Committee to the Department of Employment
and Social Services - action requested - DELEGATE
THE RESPONSIBILITY FOR THE SOLICITATION OF MEMBERS
FOR THE IHSS ADVISORY COMMITTEE, ANY TIME VACANCIES
OCCUR, TO THE DEPARTMENT OF EMPLOYMENT AND SOCIAL
SERVICES, AND FURTHER DIRECT THE DEPARTMENT SUBMIT
RECOMMENDATIONS TO THE BOARD FOR FINAL APPOINTMENT.
Land Use 3.04 * Land Conservation Act Inclusions - on
October 10 , 2 0 O l , and November 16 , 2 0 O l , the Land
Conservation Act Advisory Committee met and
unanimously voted to recommend the Board approve the
following Land Conservation Act applications: 1)
Edward J. Mathews, et al. (APNs 028-020-004, 005,
045, 047, 036, 038, and 039), 262.52 acres, hunting
and wetlands contract, 80 acre minimum parcels; 2)
Dorothy A. Merme (APNs 041-140-010, 052, 069 and
041-250-021), 273.93 acres, grazing contract, 160
acre minimum parcels; 3) James R. and Deborah K.
Filter, et al. (APNs 029-060-049 and 051), 443.60
acres, rice lands contract, 80 acre minimum parcels;
4) Randall L. Krehe, et al. (APN 021-220-010),
312.37 acres, rice lands contract, 80 acre minimum
parcels; 5) Piara S. Gosal et al. (APNs 024-190-050
and 039-600-002), 278 acres, orchards contract, 20
acre minimum parcels; 6) Phillip and Lou Ella Hayes
(APNs 025-080-024, 025, and 025-120-013, 014, 017,
and 026), 181.54 acres, orchards contract, 20 acre
minimum parcels; 7) Gardensherr, Inc., (Lindberg)
(APNs 029-170-051 and 052), 140.43 acres, field
crops contract, 80 acre minimum parcels; 8) Walter
and Patricia Rothe (APNs 029-030-004 and 029-040-
025), 304.35 acres, field crops contract, 80 acre
minimum parcels; and 9) Ord Bend Farms, Inc. (APN
038-100-008), 206 acres, orchards contract, 20 acre
minimum parcels. Board approval is also requested
for a resolution which would rescind an existing
Land Conservation Act agreement with Robert and
Joanne Kidd and simultaneously enter into a new Land
Conservation Act agreement for 120 acres (APN 039-
150-062), orchards contract, 20 acre minimum
parcels - action requested - APPROVE AGREEMENTS;
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN;
AND DIRECT RECORDING OF THE AGREEMENTS.
Page 2 December 11, 2001
Time Item No.
Fixed 3.05 * Award of Bid No. 15-02 - Renovation of 42 County
Assets and Center Drive - bids have been received for the
Facilities renovation of 42 County Center Drive to accommodate
the relocation of the Probation Department. The
overall low bidder is Bollo Construction, Inc., in
the amount of $649,000 (department budget). A
budget transfer (B-150) has been prepared by the
Probation Department to provide the necessary
funding for the project - action requested - AWARD
BID.
3.06 * Department of Child Support Services - Fixed Asset
Allocation - Board approval is requested by the
Department of Child Support Services to cancel the
fixed asset purchase of an imaging system approved
in the department's fiscal year 2001-2002 final
budget, and to approve the utilization of the funds
for alternative computer upgrades. The department's
final budget allocation included the fixed asset
purchase of an imaging system in the amount of
$103,000. The department will not be able to
implement that system this fiscal year, and Board
approval is requested to allow the department to use
the funds for alternative computer upgrades. The
department proposes to purchase 10 additional
computer workstations, in the amount of $3,000 per
workstation, which will be configured to receive
ISAwS information. Additionally, the department
would like to utilize the remaining $73,000 to
replace 60 older computers with machines that will
meet the technological requirements of the KIDZ
Joint Powers Authority. Should the Board approve
the purchase, an Administrative Budget Transfer will
be made to provide funding for the non-fixed asset
item purchases - action requested - APPROVE
CANCELLATION OF PREVIOUSLY APPROVED FIXED ASSET
PURCHASE IN THE AMOUNT OF $103,000; APPROVE THE
FIXED ASSET PURCHASE OF 10 ISAWS COMPUTER SYSTEMS IN
THE AMOUNT OF $30,000; AND APPROVE USE OF REMAINING
FIXED ASSET ALLOCATION FOR ALTERNATIVE COMPUTER
PURCHASES.
Page 3 December 11, 2001
Time Item No.
3.07 * Emergency Services/Sheriff's Office - Explosive
Ordinance Magazine Purchase - Board approval is
requested by the General Services Director and the
Sheriff-Coroner for the fixed asset purchase of an
explosive ordinance magazine in the amount of
$7,571. The Governor's Office of Emergency Services
has awarded emergency management performance
terrorism grants totaling $13,020, and Board
approval is requested to accept the unanticipated
revenue and to appropriate $7,571 to the Sheriff's
Office to fund the ordinance magazine purchase. The
remaining funds will be appropriated to the
Emergency Services budget for future equipment
purchases - action requested - APPROVE BUDGET
TRANSFER B-145 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED GRANT REVENUE; AND
APPROVE FIXED ASSET PURCHASE OF EXPLOSIVE ORDINANCE
MAGAZINE.
3.08 * Relief of Accountability - Public Health
Department - Board approval is requested by the
Public Health Department for relief of
accountability for two computers (asset nos. 23631
and 23625) surplused as non-inventory items, and
relief of accountability for a wrecked 1991 Ford
Escort (asset no. 22664) which was transferred to
Allstate Insurance Company pursuant to the insurance
agreement. The District Attorney and Auditor-
Controller have reviewed the request - action
requested - GRANT RELIEF OF ACCOUNTABILITY FOR FIXED
ASSET ITEMS.
Audit and 3.09 * Fire Truck Lease Purchase - pursuant to Board
Finance approval of November 13, 2001, the Treasurer-Tax
Collector has received bids for the financing to
purchase five fire trucks approved in the fiscal
year 2001-2002 budget. The Treasurer-Tax Collector
recommends the Board award the contract to First
Municipal Leasing Corp. - action requested - APPROVE
AWARDING LEASE PURCHASE CONTRACT TO FIRST MUNICIPAL
LEASING CORP., NOT LATER THAN JANUARY 11, 2002,
CONTINGENT UPON THE RECEIPT OF SUCCESSFUL BIDS FOR
THE PURCHASE OF THE FIRE TRUCKS.
Ordinances 3.10 * Introduction of an Ordinance - the Department of
and water and Resource Conservation has prepared an
Resolutions ordinance which would add Section 7-7.1 to the Butte
County Code to prohibit the possession of glass
beverage containers on, or in the waters of Butte
Creek, as well as the adjacent bank of the
waterway - action requested - WAIVE READING OF THE
ORDINANCE.
Page 4 December 11, 2001
Time Item No.
3.11 * Introduction of a Salary Ordinance Amendment - the
Probation Department has requested the Department of
Human Resources prepare a salary ordinance amendment
which converts the following term positions (terms
to end June 30, 2001) supporting the Family Bridges
Program from "term" positions to regular help
positions with "sunset dates" of June 30, 2001: one
position of Supervising Probation Officer, two
flexibly staffed positions of Probation
Officer III/II/I, two positions of Probation
Technician, one flexibly staffed position of
Auditor-Accountant II/I, and one flexibly staffed
position of Office Assistant III/II/I. Converting
the term positions to sunset positions will give the
department greater flexibility in staffing choices -
action requested - WAIVE READING OF THE ORDINANCE.
3.12 * Introduction of a Salary Ordinance Amendment - the
Sheriff's Office has requested the Department of
Human Resources prepare a salary ordinance amendment
which increases the flat rate compensation for
waterways Enforcement Specialist from $12.00 per
hour to $15.11 per hour, retroactive to
July 1, 2001. The position compensation has not
been adjusted since the position's creation in
fiscal year 1992-1993. The positions are funded
with California Department of water Resources funds,
and the current contract with the California
Department of water Resources authorizes the
positions to be paid at the rate of $15.11 per
hour - action requested - WAIVE READING OF THE
ORDINANCE.
3.13 * Resolution Authorizing Paid Leave of Absence for
Regular County Employees Ordered to Military Duty as
a Result of the war on Terrorism - the Department of
Human Resources has prepared a resolution which
would allow a paid leave of absence for regular
Butte County employees ordered to military duty as
a result of the war on terrorism. The resolution is
based on Military and Veterans Code Section 395.01
and Butte County Personnel Rules Section 12.4(8),
and has been reviewed and agreed upon by all
bargaining units, County Counsel and the Auditor-
Controller. The resolution's term shall extend from
date of adoption through and including
September 30, 2002 - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.14 * Resolution Proclaiming December 9-15, 2001, as Youth
Appreciation week in Butte County - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN.
Page 5 December 11, 2001
Time Item No.
Agreements 3.15 * Tri-County Economic Development Corporation -
and Amendment - Board approval is requested by the
Grants Administrative Office for an amendment to the
agreement with Tri-County Economic Development
Corporation for project management services for the
Southside Oroville Community Center. The term of
the State grant for the project has been extended to
September 30, 2002, and the proposed amendment
extends the term of the agreement with Tri-County
Economic Development Corporation through that term,
with a maximum amount payable for the extended term
not to exceed $35,420 (grant funding) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X10864)
3.16 * 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 revenue agreement with the
California Department of Alcohol and Drug Programs
for funding for County drug and alcohol programs.
The amendment reduces the maximum amount payable to
the County by $184,211 as a result of final fiscal
year 2000-2001 allocation information. All other
terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND ADOPT
RESOLUTION AUTHORIZING THE CHAIR TO SIGN. (Contract
No. R40074)
3.17 * Enloe Medical Center - Board approval is requested
by the Butte County Department of Behavioral Health
for an agreement with Enloe Medical Center for the
provision of the Touchstone Perinatal Program. The
term of the agreement is July 1, 2001, through
June 30, 2002, with a maximum amount payable of
$513,564 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X13312)
3.18 * Youth For Change - Board approval is requested by
the Butte County Department of Behavioral Health for
an agreement with Youth For Change for the provision
of mental health services to Medi-Cal youth clients
and their families who meet the criteria of medical
necessity. The term of the agreement is
July 1, 2001, through June 30, 2002, with a maximum
amount payable of $753,988 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
Page 6 December 11, 2001
Time Item No.
3.19 * Community Living Centers-JOBS Plus - Board approval
is requested by the Butte County Department of
Behavioral Health for an agreement with Community
Living Centers-JOBS Plus for the provision of
vocational training services to Oroville clients.
The term of the agreement is July 1, 2001, through
June 30, 2002, with a maximum amount payable of
$59,674 (department budget/Supportive Housing
Grant) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.20 * Environmental Science Associates - Board approval is
requested by the Development Services Department for
an agreement with Environmental Science Associates
for the provision of a General Plan Consistency
Study for the 2000 Airport Land Use Compatibility
Plan. The goal of the study is to determine the
best course of action to amend the General Plan,
zoning ordinances and subdivision regulations to
bring them into conformance with the Airport Land
Use Compatibility Plan. The term of the agreement
is for six months, with a maximum amount payable of
$48,235 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.21 * Governor's Office of Emergency Services - Domestic
Preparedness Equipment Grant - Board approval is
requested by Emergency Services and the Fire
Department to approve a grant agreement with the
Governor's Office of Emergency Services for $46,426
in funds to purchase terrorism response equipment.
The project period is from March 24, 2000, through
March 23, 2003. The funds will be used to purchase
breathing apparatus and chemical resistance suits
and Board approval is requested for a budget
transfer that would appropriate the funds to the
Fire Department's Ancillary Services budget unit -
action requested - APPROVE AWARD AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET
TRANSFER B-154 (4/5 vote required). (Contract No.
R40375)
3.22 * Cabs 4 Kids - Amendment - Board approval is
requested by the Department of Employment and Social
Services for an amendment to the agreement with Cabs
4 Kids for the provision of transportation services
to children of CalWORKs participants. The amendment
increases the maximum amount payable by $30,000
(department budget) in response to an increased
utilization of services. 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. X12035)
Page 7 December 11, 2001
Time Item No.
3.23 * Sacramento Service and Development Corporation -
Amendment - Board approval is requested by the
Department of Employment and Social Services for an
amendment to the agreement with Sacramento Service
and Development Corporation for the issuance of food
stamp coupons. The amendment extends the term of
the agreement through December 31, 2002, and amends
the fee schedule from a per transaction method to a
flat rate per month method. The maximum amount
payable remains $330,000 (department budget) for the
contract term - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X11469)
3.24 * Private Industry Council - Board approval is
requested by the Department of Employment and Social
Services for the provision of employment services
activities for CalwORKs participants. The term of
the agreement is October 1, 2001, through
June 30, 2002, with a maximum amount payable of
$964,846 (department budget). Board approval is
also requested to encumber the funds as detailed in
the agenda item - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND DIRECT THE AUDITOR TO ENCUMBER THE
FUNDS AS DETAILED IN THE AGENDA ITEM.
3.25 * Enloe Medical Center - County Service Area No. 37
Services - Board approval is requested by the Public
Health Department for an agreement with Enloe
Medical Center for the provision of emergency
ambulance services for the residents of County
Service Area No. 37. Requests For Proposals to
provide the ambulance service were distributed and
the selection committee recommends the agreement
with Enloe Medical Center. The term of the
agreement is January 1, 2002, through
December 31, 2006, with a maximum amount payable of
$60,000 per year (CSA budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
Page 8 December 11, 2001
Time Item No.
3.26 * California Department of Health Services - Board
approval is requested by the Public Health
Department for an agreement with the California
Department of Health Services for administrative
services related to Medi-Cal Administrative
Activities and Targeted Case Management (MAA/TCM)
Programs. The Public Health Department is the host
entity for the MAA/TCM Consortium, and the proposed
agreement is a requirement of the host entity to
establish technical support, assistance in claims
processing and program monitoring services for
participating local government agencies. The term
of the agreement is July 1, 2001, through
June 30, 2002, with a maximum amount payable of
$473,311 (MAA/TCM Trust Fund) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.27 * State of California-Office of Statewide Health
Planning and Development - Board approval is
requested for a grant award agreement with the State
of California-Office of Statewide Health Planning
and Development for $50, 000 in funds under the Rural
Health Development Capital Grants Program. Board
approval is requested to accept and appropriate the
funds as detailed in the agenda item, and to approve
the use of $2,800 in grant funds to purchase a
fixed-asset filing system - action requested -
APPROVE GRANT AGREEMENT AND AUTHORIZE THE DIRECTOR
OF PUBLIC HEALTH TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
APPROVE BUDGET TRANSFER B-151 (4 /5 vote required)
ACCEPTING AND APPROPRIATING THE UNANTICIPATED
REVENUE.
3.28 * Coroners Removal and Storage Fees - Amendment -
Board approval is requested by the Sheriff's Office
for an amendment to the agreement with various
County mortuaries for mortuary and autopsy services.
The amendment provides for an increase in fees to
provide competitive rates for the contractors. New
rates for services will be as follows: removal -
$80.00; storage - $10.00 per 24 hours up to 72
hours, then $25.00 per 24 hours; preparation of
coroner's report - $15.00; and autopsy fees -
$75.00. The agreement is not expected to exceed
$25,000 per year (department budget) - action
requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN.
Page 9 December 11, 2001
Time Item No.
Elections 3.29 * Butte-Glenn Community College District - Request for
Consolidation - the Butte-Glenn Community College
District submits Resolution No. 539 calling for an
election pursuant to Proposition 39 and Education
Code Section 15348(b) regarding the issuance of
general obligation bonds. The district is
requesting the question be consolidated with the
March 5, 2002, primary election - action requested -
APPROVE CONSOLIDATION.
3.30 * Paradise Unified School District - Request for
Consolidation - the Paradise Unified School District
submits Resolution No. 01/02-11 calling for an
election pursuant to Education Code Section 5300 et
seq., regarding continuation of an assessed
valuation tax to pay for school facilities. The
district is requesting the question be consolidated
with the March 5, 2002, primary election - action
requested - APPROVE CONSOLIDATION.
Miscel- 3.31 * UNUM-Provident Short Term Disability Coverage - on
laneous March 27, 2001, the Board approved the conversion of
the County's short term disability insurance carrier
from UNUM-Provident to California State Disability
Insurance. At the time of approval it was believed
that the County would be required to continue
coverage with UNUM-Provident for 12 months to ensure
coverage would continue uninterrupted. Subsequent
information has determined that the County has
sufficient coverage with California State Disability
Insurance to allow discontinuation of UNUM-Provident
coverage retroactive to December 2, 2001. Board
approval is requested by the Human Resources
Department for side letter agreements with the Butte
County Employees Association, the Butte County
Management Employees Association, the Butte County
Social Services workers Unit, the Butte County
Professional Employees Unit, and the Butte County
Correctional Officers Association (General and
Management and Supervisory Units) to cancel UNUM-
Provident short term disability insurance effective
December 2, 2001, and implement California State
Disability Insurance effective November 1, 2001 -
action requested - APPROVE SIDE LETTER AGREEMENTS
AND AUTHORIZE THE CHAIR TO SIGN.
Page 10 December 11, 2001
Time Item No.
3.32 * Volunteer Firefighter Accident and Illness Insurance
Policy - the Board approved the Fire Department's
request to purchase accident and illness insurance
for volunteer fire fighters in the fiscal year 2001-
2002 final budget. Board approval is requested for
a policy with a term of September 28, 2001, through
September 28, 2004, with a maximum amount payable of
$16,691 per year (department budget) - action
requested - APPROVE POLICY FOR TERM SPECIFIED AND
AUTHORIZE THE CHAIR TO SIGN SCHEDULE OF COVERAGES.
(Contract No. X13334)
4.00 Regular A ecr nda
4.01 Appointments - Boards, Commissions, and Committees.
* 1. Appointments to listed vacancies.
4.02 Update on legislative and budget activities.
(CHIEF ADMINISTRATIVE OFFICER)
4.03 * Resolution Requesting the Sacramento River
Conservation Area Board Remove from the Conservation
Area Boundaries All Lands Outside the Sacramento
River Levees, or Outside the Inner River Zone -
consideration of a request from Ray Dalton, Paradise
Town Councilman, to adopt a resolution requesting
the Sacramento River Conservation Area Board
consider excluding certain lands from their
boundaries - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (RAY DALTON, PARADISE
TOWN COUNCIL)
4.04 * Nuisance Abatement-Code Enforcement Programs -
consideration of draft documents to implement a
nuisance abatement program - action requested -
ACCEPT STAFF REPORT; DIRECT STAFF TO INITIATE
DISCUSSION WITH CITIES REGARDING VEHICLE ABATEMENT
PROGRAM; DIRECT STAFF TO RETURN TO THE BOARD WITH AN
IMPLEMENTING ORDINANCE; AND DIRECT STAFF TO RETURN
TO THE BOARD WITH AN IMPLEMENTING RESOLUTION.
(CHIEF ADMINISTRATIVE OFFICE/DEVELOPMENT
SERVICES/COUNTY COUNSEL)
Page 11 December 11, 2001
Time Item No.
4.05 * Consideration of Use of Community Development Block
Grant (CDBG) Reuse Funds as a Match for an Economic
Development Administration (EDA) Revolving Loan
Fund - Board approval is requested by the Tri-County
Economic Development Corporation to direct that
$65,000 in existing CDBG Reuse Funds be used to
match a request by the Economic Development
Administration for additional capital for an
existing EDA Revolving Loan Fund - action
requested - AUTHORIZE THE USE OF $65, 000 IN REUSE
FUNDS. (CHIEF ADMINISTRATIVE OFFICE)
4.06 * Public Defender Consortium:
1. Coleen Jarvis - Board approval is requested by
the Administrative Office for an agreement
with Coleen Jarvis for the provision of legal
services. The Board approved the addition of
a half-time attorney to the Public Defender
Consortium in the fiscal year 2001-2002 final
budget. One present Public Defender
Consortium attorney agreed to reduce his time
and compensation from 1000 to 500. These two
actions resulted in budget authorization to
add one full-time attorney. The Consortium
has selected Coleen Jarvis for that position.
The term of the agreement is October 1, 2001,
through June 30, 2003, with a maximum amount
payable of $120,977.76 per year (department
budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (FROM
11-20-O1 [3.15]);
2. Braddon Hatch - Amendment - Board approval is
requested by the Administrative Office for an
amendment to the agreement with Braddon Hatch
for the provision of legal services.
Consistent with the procedures provided in the
Public Defender Consortium agreements for
caseload assignment, the Consortium decided to
reduce the time and associated compensation
for Braddon Hatch from 1000 to 500. The
proposed amendment provides for the reduction
of service - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (CHIEF ADMINISTRATIVE
OFFICE)
Page 12 December 11, 2001
Time Item No.
4.07 * Request to Reduce Agricultural Setback on Boeger
Project - the Boeger Annexation Project is entering
its public review stage for environmental impacts.
The applicant is requesting the Board address issues
regarding the agricultural setbacks on the project -
action requested - MAKE DETERMINATION(S) REGARDING
APPLICANT'S REQUESTS, AND IF NECESSARY, PROVIDE
STAFF DIRECTION FOR IMPLEMENTING DETERMINATION(S).
(DAN BOEGER)
4.08 Items removed from the Consent Agenda for Board
consideration and action.
Page 13 December 11, 2001
Time Item No.
5.00 Public Hearings and Timed Items
10:20 A.m. 5.01 * Public Hearing - Neal Road Landfill Expansion -
Draft Environmental Impact Report - consideration of
environmental determination for the expansion of the
existing County landfill on Neal Road in central
Butte County, T21E, R2E, Sections 14 and 15, Hamlin
Canyon 7.5' USGS topographical map. The proposed
project site is located on Neal Road, approximately
one mile east of its intersection with State
Highway 99, approximately seven miles southeast of
the City of Chico, and nine miles southwest of the
Town of Paradise. The project involves the
horizontal expansion of the active disposal area
from its current 66 acres to 140 acres at full
build-out. The expansion would occur to the
southwest of the current active disposal area, on
property owned by the County. The project would
also involve a vertical expansion of the landfill
site from its current maximum elevation of 495 feet
to approximately 500 feet. The expansion would be
implemented in accordance with a landfill sequence
plan, which would result in the staged construction
of a series of modules that would be used for waste
disposal operations. A total of eight additional
modules are proposed, each of which would provide 2
to 12 years of solid waste disposal capacity. The
portions of the project site that would be used for
the horizontal expansion of the landfill would be
provided with a low-permeability liner system that
would contain leachate produced within the landfill.
To remove the leachate, a leachate collection and
removal system, including a collection pond, would
be provided as part of the liner system. A landfill
gas extraction and collection system would be
installed to control emissions of gases produced by
organic wastes disposed at the landfill. A
Supernatant Overland Flow Treatment System would be
used to provide additional septage supernatant
disposal capacity. The project would require the
relocation of an existing leachate pond and two
septage ponds. A Draft Environmental Impact Report
has been prepared for the project, within which
several potentially significant environmental
impacts have been identified and mitigation measures
proposed - action requested - ACCEPT PUBLIC COMMENT
ON THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE
NEAL ROAD LANDFILL EXPANSION PROJECT.
Page 14 December 11, 2001
Time
10:30 A.M.
Item No.
5.02 * Continued Public Hearing - Mining Permit,
Reclamation Plan - Scott D. Stephens - consideration
of an appeal of the Planning Commission's approval
of a Mining Permit and Reclamation Plan, in
accordance with the Surface Mining and Reclamation
Act, to operate a surface aggregate quarry for the
extraction of basalt (this is a project on which
notice of intent to adopt a negative declaration
with mitigation measures regarding environmental
impacts has been given). The mine will encompass 5
acres within a 326(+/-) acre property. The
applicant proposes to utilize a sidehill method of
excavation which will leave a graded area and a cut-
bank with a 35-degree slope. A rock crusher, rock
screen, and settling pond are also proposed. Mining
operations will take place over ten years. The
mined basalt will be crushed into road base material
and hauled off-site. Maximum anticipated mine depth
is 70 feet. All topsoil shall be conserved for
later use in reclamation. The mine will be
reclaimed at the conclusion of operations for use as
a grazing area, which will also support native
annual vegetation and local wildlife. Access to the
site is provided by Canyon Shadows Road, a private
road. The property is zoned "U" (Unclassified) and
located approximately 1.5 miles north of the
intersection of Canyon Shadows Road and Humboldt
Road, in the Little Chico Creek Canyon, T22N, R2E,
Section 11, MDB&M, and identified as APN 063-290-056
and 063-290-057 (DB [MIN 99-02]) - action
requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. DENY THE APPEAL, AND SUBJECT TO FINDINGS
I(A-E) AS DETAILED IN THE STAFF REPORT DATED
DECEMBER 11, 2001, ADOPT A MITIGATED NEGATIVE
DECLARATION;
2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL CAUSE ENVIRONMENTAL DAMAGE
TO FISH AND WILDLIFE OR THEIR HABITAT, AS
MINING WITHIN THE EAST TEHAMA DEER HERD
CRITICAL WINTER RANGE WILL TEMPORARILY REMOVE
UP TO 5 ACRES OF RANGE USE, AND DIRECT THE
COLLECTION OF FEES PURSUANT TO FISH AND GAME
CODE SECTION 711.4(d)(3) AND 14 CCR 753.5; AND
3. SUBJECT TO FINDINGS III(Al-8) AS DETAILED IN
THE STAFF REPORT DATED DECEMBER 11, 2001,
APPROVE MINING PERMIT 99-02, SUBJECT TO THE
CONDITIONS OF APPROVAL AS DETAILED IN THE
STAFF REPORT DATED DECEMBER 11, 2001, AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 12-19-00
[5.04] )
Page 15
December 11, 2001
Time
1:00 P.M.
Item No.
5.03 * Continued Public Hearing - Paradise Rod and Gun
Club - Use Permit - consideration of an appeal of
the Planning Commission's approval of a Conditional
Use Permit to develop a private outdoor shooting
range for pistol, rifle, and shotgun shooting on a
40 acre parcel zoned "U" (Unclassified) and S-H
(Scenic Highway) and designated Grazing and Open
Land by the Butte County General Plan (this is a
project on which notice of intent to adopt a
mitigated negative declaration regarding
environmental impacts has been given). The rifle
and pistol range will provide 10 shooting positions
each, and the trap range will provide 5 shooting
positions. Targets will be provided at 25, 50, 75,
100, 150, and 200 meters. A trap house will be
developed for the trap range. The rifle range will
be developed with shooting platforms that restrict
shooting activity to the target area. Target areas
will be improved with bunkers to intercept fired
rounds. All improvements at the range will be
developed in accordance with the National Rifle
Association's standards and recommendations. All
shooting activity will be controlled by a range
safety officer. Typical activities at the range
will include trap, rifle and pistol shooting, junior
training clinics, California State hunter safety
clinics, "zeroing" day, and law enforcement officer
practice, training and certification (proposed for
1 day per month). Daily hours are proposed to
be from the earlier of 8:00 p.m. , or one hour before
sunset. The range will not be open to the general
public. The shooting range facility will also
include an archery range, dry cast fly fishing area,
picnic area, 15 parking stalls, and portable
restrooms. Access will be provided by an existing
private driveway which connects the property to the
Skyway. The property is located approximately 2.8
miles southwest of the Town of Paradise and
southeast of and adjacent to the Skyway,
approximately 2.2 miles northeast of Rocky Bluffs
Drive, northeast of and adjacent to the Tuscan Ridge
Golf Course development, and identified as APN 040-
520-097 (File No. APL O1-14 [DB]) - action requested
- STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING
ACTIONS:
1. DENY APPEAL O1-11, AND SUBJECT TO FINDINGS
I(A-E) AS DETAILED IN THE STAFF REPORT DATED
DECEMBER 11, 2001, ADOPT A MITIGATED NEGATIVE
DECLARATION;
(Continued on Page 17)
Page 16 December 11, 2001
Time Item No.
5.03 2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
(Cont.) IMPROVEMENTS WILL CAUSE ENVIRONMENTAL DAMAGE
TO FISH AND WILDLIFE OR THEIR HABITAT, AND
REQUIRE THE COLLECTION OF FEES PURSUANT TO
FISH AND GAME CODE SECTION 711.4(d)(3) AND 14
CCR 753.5; AND
3. SUBJECT TO FINDINGS III(A-C) AS DETAILED IN
THE STAFF REPORT DATED DECEMBER 11, 2001,
APPROVE USE PERMIT O1-14, SUBJECT TO THE
CONDITIONS OF APPROVAL AS DETAILED IN THE
STAFF REPORT DATED DECEMBER 11, 2001, AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 09-25-O1
[5.03] )
6.00 Public Comment (PRESENTATIONS WILL BE LIMITED TO
FIVE MINUTES. THE BOARD OF SUPERVISORS IS
PROHIBITED BY STATE LAW 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. REQUEST AUTHORIZATION TO JOIN AMICUS CURIAE IN
THE CASE OF BONANNO VS. CENTRAL CONTRA COSTA
TRANSIT AUTHORITY.
2. BUTTE COUNTY BOARD OF SUPERVISORS VS. CANDACE
GRUBBS ET AL.
3. K. FAITH, D. SMITH, E. COX, G. SCHALLENBERGER,
J. CECIL, B. CECIL, J. DOLAN VS. C. BELL, JR.;
BELL, MCANDREWS, HILTACHK & DAVIDIAN, LLP;
BUTTE COUNTY BOARD OF SUPERVISORS ET AL.
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(b)(1) ONE POTENTIAL CASE.
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) is 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 must be made 48 hours prior to the meeting.
Page 17 December 11, 2001