HomeMy WebLinkAboutA121603BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
DECEMBER 16, 2003
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The Board of Supervisors Wish You a Joyous
Holiday Season and a Prosperous New Year.
County Supervisors
R.J. "Bob" Beeler, District 1
Jane Dolan, District 2
Mary Anne Houx, District 3
Curt Josiassen, District 4
Kim Yamaguchi, District 5
Paul McIntosh, Chief Administrative Bruce Alpert, County Counsel
Officer and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS
9:00 A.M. 1.00 CALL TO ORDER
AGENDA -DECEMBER 16, 2003
1.01 Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive,
Oroville.
1.02 Pledge of Alleg iance to the Flag of the United States
of America.
1.03 Observation of a Moment of Silence.
2.00 CORRECTIONS AND~OR CHANGES TO THE AGENDA
3.00 CONSENT AGENDA
AUDITOR
HEALTH
PAGE 1 DECEMBER 16, 2003
3.01 * Unanticipated Revenue - approval is requested to accept
and appropriate $1,525 received from the Tehama County
Department of Agriculture to reimburse an expenditure
for the purchase of a 70-gallon prover for weights and
measurement activities. The funds will be used to
purchase a sealers' weight set - action requested -
APPROVE BUDGET TRANSFER B-120 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS
DETAILED IN THE AGENDA REPORT.
3.02 * Local Agency Improvement Fees - submitted is the
Combined Report of Impact Fees or Local Agency
Improvement Fees for Fiscal Year 2002-2003. Pursuant
to Government Code Section 66006, this item will return
on the agenda of January 13, 2004, for final review and
action, and notice is hereby given that the information
is on file and available for public inspection in the
Chief Administrative Office, 25 County Center Drive,
Oroville, Monday through Friday, 8:00 a.m. to
5:00 p.m. - action requested - ACCEPT FOR INFORMATION
AND AS PUBLIC NOTICE OF AVAILABILITY; AND DIRECT THIS
ITEM TO RETURN TO THE AGENDA OF JANUARY 13, 2004, FOR
FINAL REVIEW AND ACTION.
3.03 * Lawrence C. Mayerle, M.D. - Amendment - approval is
requested for an amendment to the agreement with
Lawrence C. Mayerle, M.D., for the provision of
services in the specialized field of psychiatry. The
amendment increases the maximum amount payable by
$36,000 (department budget), and revises the
compensation schedule to reflect the amendment. All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X14263)
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 16, 2003
3.04 * Youth Leadership Institute - Amendment - approval is
requested for an amendment to the agreement with Youth
Leadership Institute for the provision of evaluation
services for the Live Spot and Prevention Unit
programs. The amendment extends the term of the
agreement through June 30, 2004, increases the maximum
amount payable by $24,000 (department budget) for the
extended term, and includes agreement language
regarding records confidentiality. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13578)
3.05 * BHC Heritage Oaks Hospital, Inc., d.b.a. Heritage Oaks
Hospital - approval is requested for an agreement with
BHC Heritage Oaks Hospital, Inc., d.b.a. Heritage Oaks
Hospital, for the provision of inpatient
hospitalization of referred clients ages 111 to 18.
The term of the agreement is July 1, 2003, through
June 30, 2004. Under the agreement, treatment costs
are paid to the contractor by the State. The State
then offsets the department's Realignment Revenue by
that corresponding amount - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.06 * BHC Sierra Vista Hospital, Inc., d.b.a. Sierra Vista
Hospital - approval is requested for an agreement with
BHC Sierra Vista Hospital, Inc., d.b.a. Sierra Vista
Hospital, for the provision of inpatient
hospitalization of referred clients ages 111 to 18.
The term of the agreement is July 1, 2003, through
June 30, 2004. Under the agreement, treatment costs
are paid to the contractor by the State. The State
then offsets the department's Realignment Revenue by
that corresponding amount - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.07 * Butte County Department of Employment and Social
Services/Butte County Department of Behavioral Health -
approval is requested for a Memorandum of Understanding
with the Butte County Department of Employment and
Social Services for the provision of services in
support of the Indian Child Welfare Act. The term of
the agreement is October 1, 2003, through
June 30, 2004. The objective of the agreement is to
provide coordination and facilitation of services to
Children's Services Division clients. There is no
monetary provision to the agreement - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
PAGE 2 DECEMBER 16, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 16, 2003
3.08 * Resolution Declaring Intent Not to Contract - pursuant
to State requirements, submitted is a resolution
declaring the department's intent not to contract with
the North Valley Parent Education Network (PEN) for
drug Medi-Cal services for the Oroville Resource
Center. North Valley PEN has applied to the State to
provide drug Medi-Cal services and the proposed
resolution is needed to allow them to contract directly
with the State - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
3.09 * State of California, Office of Traffic Safety - Project
Downshift Grant - approval is requested to accept and
appropriate a grant award from the State of California,
Office of Traffic Safety, to implement Project
Downshift. The grant program is designed to educate
young drivers on traffic safety, seatbelt use, and the
dangers of driving under the influence of drugs and/or
alcohol. The term of the grant is October 1, 2003,
through September 30, 2005, with a maximum amount
payable to the County of $175,000 ($87,500 per grant
year). Board approval is requested to accept and
appropriate $87,500 for the current fiscal year -
action requested - APPROVE BUDGET TRANSFER B-117 (4/5
vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED GRANT REVENUE AS DETAILED IN THE AGENDA
REPORT .
3.10 * State of California, Department of Mental Health -
approval is requested for a revenue agreement with the
State of California, Department of Mental Health, for
the Phase I and II Inpatient and Outpatient
Consolidated Managed Care Program for Medi-Cal
beneficiaries. The term of the agreement is
July 1, 2003, through June 30, 2004, with a maximum
amount payable to the County of $2,125,033 - action
requested - ADOPT RESOLUTION APPROVING AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.11 * State of California, Department of Alcohol and Drug
Programs - Grant Augmentation - approval is requested
to accept and appropriate an additional $7,867 received
from the State of California, Department of Alcohol and
Drug Programs, for the Project Year 5 Drug Court
Partnership Project. The funds will be used to
increase training and residential alcohol and drug
treatment services - action requested - APPROVE BUDGET
TRANSFER B-118 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT; AND APPROVE GRANT AWARD AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 3 DECEMBER 16, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -DECEMBER 16, 2003
3.12 * State of California, Department of Alcohol and Drug
Programs - Amendment - approval is requested 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 in which the
County can expend Project Year 4 funds from
July 1, 2003, to June 30, 2004. 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. R40153)
3.13 * Superior Court of California, County of Butte -
approval is requested for a Memorandum of Understanding
with the Superior Court of California, County of Butte,
for the provision of services in support of the
Juvenile Drug Court Program. The term of the agreement
is July 1, 2003, through June 30, 2004, with a maximum
amount payable to the County of $9,639.96. Board
approval is also requested to accept and appropriate
the unanticipated revenue - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER;
AND APPROVE BUDGET TRANSFER B-122 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS
DETAILED IN THE AGENDA REPORT.
CHIEF
ADMINISTRATIVE
OFFICE 3.14 * Reissue Time-Expired Check - approval is requested, on
behalf of Diane Hermann, to reissue time-expired check
no. 1221-072408, dated December 23, 1999, in the amount
of $5.70. The check was misplaced and recently
relocated. The original check is in the County's
possession, and the Auditor's Office has verified the
check has not been re-issued - action requested -
AUTHORIZE THE RE-ISSUANCE OF TIME-EXPIRED CHECK.
CHILD SUPPORT
SERVICES 3.15 * Peerless Building Maintenance - approval is requested
for an agreement with Peerless Building Maintenance for
the provision of janitorial services to the Child
Support Offices located at 1420 Myers Street, 1474
Myers Street and 1447 Huntoon Street, Oroville. The
term of the agreement is January 1, 2004, through
December 31, 2004, with a maximum amount payable of
$28,691.52 (department budget). Board approval is also
requested to transfer $16,723 between department budget
line items to provide the appropriation necessary to
fund the agreement through June 30, 2004, and to fund
the current agreement for janitorial services through
December 31, 2003 - action requested - APPROVE BUDGET
TRANSFER B-125 (4/5 vote required) TRANSFERRING FUNDS
AS DETAILED IN THE AGENDA REPORT; AND APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 4 DECEMBER 16, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 16, 2003
COUNTY
CLERK 3.16 * Request for Consolidation - Butte County Board of
Education - the Superintendent of Schools has submitted
a resolution requesting consolidation of the election
of three governing board members with the statewide
Primary Election to be held on March 2, 2004 - action
requested - APPROVE CONSOLIDATION.
COUNTY
COUNSEL 3.17 * Butte County Conflict of Interest Code - Board approval
is requested for a resolution which will update the
County's Conflict of Interest Code pursuant to
California Government Code Section 87300 et seq. -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
EMPLOYMENT AND
SOCIAL
SERVICES 3.18 * Youth For Change - Amendment - approval is requested
for an amendment to the agreement with Youth For Change
for the provision of Senate Bill 163 Wraparound
Services. The amendment adds language to provide for
flexibility in levels of care available. All other
terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X14342)
GENERAL
SERVICES 3.19 * Revisions to Contracts/Purchasing Policy and Procedures
Manual - approval is requested for revisions to the
County's Contracts/Purchasing Policy and Procedures
Manual which incorporates changes made through
amendments to the County's purchasing ordinance, and
other miscellaneous changes designed to improve the
instructions included in the manual - action
requested - APPROVE REVISIONS TO POLICY AND PROCEDURES
MANUAL.
3.20 * Paradise Veterans Memorial Hall - Pilot Program -
approval is requested for a pilot program directed at
improving customer service for users of the veterans
hall. The program proposes to shift management of the
Paradise Memorial Hall from the Veterans Services
Office to General Services, and to implement processes
which are designed to improve the overall event rental
process. The program is designed to provide increased
customer service and defray operating costs by
increasing rental revenue. The program will be limited
to the Paradise Veterans Memorial Hall during an
evaluation period - action requested - APPROVE
IMPLEMENTATION OF PILOT PROGRAM.
PAGE 5 DECEMBER 16, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 16, 2003
3.21 * Applied Testing Consultants - approval is requested for
an agreement with Applied Testing Consultants for the
provision of required testing during construction of
the Courthouse expansion. The term of the agreement is
the project duration, with a maximum amount payable of
$27,682 (project budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.22 * County of Butte Final Audit of Violent Offender
Incarceration Grant - Grant Contract No. 012-99 -
pursuant to the terms of the grant from the State Board
of Corrections for construction of the new Juvenile
Hall, submitted is the final audit of the grant. The
audit was prepared by the independent auditing firm of
Gilbert Associates - action requested - ACCEPT FOR
INFORMATION.
3.23 * Budget Transfer - approval is requested for a transfer
of $17,330 from the Federal Emergency Management
Agency-Hazard Mitigation Program to cover the cost of
a well abandonment and destruction, and construction of
a fence around County-owned property located at 13898
Highway 99, Chico. The property is used as a retention
pond - action requested - APPROVE BUDGET TRANSFER B-126
(4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS
AS DETAILED IN THE AGENDA REPORT.
HUMAN
12ESOUizcES 3.24 * Consideration of Holidays - approval is requested to
grant a one-time half-day holiday on December 24, 2003,
and a one-time full-day holiday on December 26, 2003,
as part of the current negotiations for successor labor
contracts with the unions. Awarding of the holidays
will not be considered precedent setting - action
requested - DECLARE DECEMBER 24, 2003, AS A ONE-TIME
HALF-DAY PAID HOLIDAY AND DECEMBER 26, 2003, AS A ONE-
TIME FULL-DAY PAID HOLIDAY FOR COUNTY EMPLOYEES.
3.25 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: PROBATION-JUVENILE
HALL - adds two flexibly staffed positions of Juvenile
Hall Counselor II/I. PUBLIC HEALTH-GENERAL SERVICES -
adds one flexibly staffed sunset position of
Information Systems Technician II/I, and one flexibly
staffed sunset position of Health Education Specialist
III/II/I. Both positions have an ending date of
June 30, 2004 - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
PAGE 6 DECEMBER 16, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 16, 2003
3.26 * Advanced Step Hire - approval is requested for the
advanced step hire of a Correctional Officer candidate
to Step 2 of the salary range based on training and
experience. The action is being requested retroactive
to the date of hire, November 8, 2003. Pursuant to
Personnel Rule 11.5(b), the Director of Human Resources
is recommending the advanced step hire - action
requested - APPROVE ADVANCED STEP HIRE OF A
CORRECTIONAL OFFICER TO STEP 2 OF THE SALARY RANGE,
RETROACTIVE TO NOVEMBER 8, 2003.
INFORMATION
SYSTEMS 3.27 * South Feather Water and Power Agency - approval is
requested by the Communications Division for a lease
agreement with South Feather Water and Power Agency for
vault and tower space at the Sunset Hill location. The
term of the agreement is October 1, 2003, through
September 30, 2008, with an annual lease rate of $650
(department budget) per year - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X14584)
LIBRARY 3.28 * Library Donations - pursuant to Government Code Section
25355, donations of $1,000 from the Raymond Family
Foundation, and $200 from the Perfect Plank Company of
Paradise, have been received for the Butte County Trust
Fund for the purchase of books - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
PROBATION 3.29 * Chico Unified School District - approval is requested
for a revenue agreement with the Chico Unified School
District for funds to support the services of a half-
time Probation Officer at various schools. The term of
the agreement is November 6, 2003, through
June 30, 2004, with a maximum amount payable to the
County of $14,252. Board approval is also requested to
accept and appropriate the unanticipated revenue -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER
B-121 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT.
3.30 * Juvenile Justice Crime Prevention Act - Allocation
Appropriation - approval is requested to accept and
appropriate $58,883.84 in fiscal year 2001-2002
Juvenile Justice Crime Prevention Act funds. The
department's current year budget reflects the
expenditure appropriation, and a budget transfer is
required to reflect the corresponding revenue. Board
approval is also requested to appropriate $3,180.09 in
interest earnings to provide for its return to the
Board of Corrections in compliance with the grant
provisions - action requested - APPROVE BUDGET TRANSFER
B-123 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE, TRANSFERRING FUNDS, AND
APPROPRIATING INTEREST EARNINGS FOR EXPENDITURE AS
DETAILED IN THE AGENDA REPORT.
PAGE 7 DECEMBER 16, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 16, 2003
PUBLIC
woxxs 3.31 * Pacific Waste Services, Inc. - Amendment - approval is
requested for an amendment to the agreement with
Pacific Waste Services, Inc., for the provision of
groundwater monitoring and reporting services at the
Neal Road Sanitary Landfill. The amendment increases
the maximum amount payable by $1,764 (Neal Road
Landfill Management Fund) to provide for additional
analysis required by the Regional Water Quality Control
Board. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13456)
3.32 * Kennedy/Jenks Consultants - Amendment - approval is
requested for an amendment to the agreement with
Kennedy/Jenks Consultants for the provision of
monitoring services of supernatant and leachate liquids
at the Neal Road Sanitary Landfill. The amendment
extends the term of the agreement to June 30, 2004, and
increases the maximum amount payable by $12,800 (Neal
Road Landfill Management Fund/Septage Management Fund)
for the extended term. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X11847)
3.33 * City of Chico - approval is requested for a letter
agreement with the City of Chico to transfer a portion
of storm drain fees from the City of Chico to the
County of Butte in support of the reimbursement
agreement for West Chico Estates, Unit No. 3. A
portion of the area under the reimbursement agreement
has been annexed by the City. The term of the
agreement is from the date of approval by both agencies
through April 19, 2006, for one portion of the project
area, and through August 27, 2012, for the remaining
project area. Under the agreement the City will
transfer 500 of the collector/outfall portion of the
storm drain fees collected within the tributary area to
the County to support the reimbursement agreement -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
3.34 * Reconstruction of Skyway from Chico City Limits to 6.25
Miles East - County Project No. 512-61-1/2-2000-1 -
Notice of Completion - the project consisted of the
construction of traffic turnouts, widening of
shoulders, placement of asphalt concrete overlay,
installation of drainage facilities, metal beam
guardrails and concrete dike, traffic striping and
pavement markers. All contract work has been completed
in accordance with plans and specifications - action
requested - ACCEPT CONTRACT WORK; APPROVE NOTICE OF
COMPLETION AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT
RECORDING OF THE NOTICE OF COMPLETION.
PAGE 8 DECEMBER 16, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 16, 2003
3.35 * State of California, Department of Transportation -
Environmental Enhancement and Mitigation Grant
Program - approval is requested to submit a grant
application to the State of California, Department of
Transportation, for funds to support the purchase and
enhancement of Lookout Point on the Skyway - action
requested - ADOPT RESOLUTION APPROVING GRANT
APPLICATION AND AUTHORIZE THE CHAIR TO SIGN.
3.36 * 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 PUBLIC 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.
3.37 * Resolution Declaring a Two-Way Stop Intersection on
Autry Lane at Via Canela, in Oroville - approval is
requested for a resolution which will declare the
intersection of Via Canela at Autry Lane, Oroville, a
two-way stop intersection - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO PLACE
APPLICABLE SIGNS AND PAVEMENT MARKINGS.
3.38 * Oroville Area Transit System - approval is requested to
sell monthly passes on Oroville Area Transit System
(OATS). Currently the only fares available are one-
time and one-way trips. The monthly passes will sell
for $22.00 for regular fare passengers and $13.00 for
discount fare passengers. If approved, the sale of
monthly passes will begin in 2004 - action requested -
AUTHORIZE THE SALE OF MONTHLY PASSES ON OROVILLE AREA
TRANSIT SYSTEM.
PAGE 9 DECEMBER 16, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -DECEMBER 16, 2003
SHERIFF'S
OFFICE 3.39 * Vehicle Purchase Augmentation - approval is requested
to approve a $3,000 augmentation to the $19,000
appropriation approved for the purchase of a vehicle
for the Civil Division. Funding for the augmentation
is available in the Civil Vehicle Maintenance Trust,
and Board approval is also requested to transfer the
funds to the fixed asset account to provide for the
purchase - action requested - APPROVE INCREASE IN FIXED
ASSET PURCHASE OF VEHICLE OF $3,000; AND APPROVE BUDGET
TRANSFER B-119 (4/5 vote required) ACCEPTING AND
APPROPRIATING TRUST FUNDS AS DETAILED IN THE AGENDA
REPORT .
3.40 * Resolution in Appreciation of William M. Norris Upon
His Retirement from the County of Butte - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
OTHER DEPARTMENTS
AND AGENCIES 3.41 * Butte County Children and Families Commission - Annual
Reports - submitted are the Fiscal Year 2002-2003
Abridged Annual Report and Fiscal Year 2002-2003 Annual
Audit - action requested - ACCEPT FOR INFORMATION.
3.42 * In-Home Supportive Services Advisory Committee - the
staff of the Butte County In-Home Supportive Services
Public Authority submits recommendations for
appointments to the In-Home Supportive Services
Advisory Committee - action requested - REAPPOINT MARK
CORDON AND HOWARD GREGG, REPRESENTATIVES, TO TERMS TO
END DECEMBER 19, 2006.
3.43 * Resolutions in Recognition of Support of Contributions
to the Frank Watters Children's Trust Fund - the
Children's Services Coordinating Council is requesting
the Board adopt resolutions recognizing Gold Country
Casino, The Discovery Shoppe League-A Charitable
Organization, and Pat Fore, for their contributions to
the Frank Watters Children's Trust Fund - action
requested - ADOPT RESOLUTIONS (3) AND AUTHORIZE THE
CHAIR TO SIGN.
3.44 Oroville Cemetery District - the District has submitted
recommendations for appointments - action requested -
REAPPOINT JIM MOLL, TRUSTEE, TO A TERM TO END
JANUARY 1, 2008.
4.00 REGULAR AGENDA
APPOINTMENTS 4 . 01 * Appointments to Boards, COmm1SS10T1S and Committees .
1. Appointments to Listed Vacancies.
PAGE 10
DECEMBER 16, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -DECEMBER 16, 2003
BUDGET AND
LEGISLATIVE
UPDATE 4.02 Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
* 1. 2004 Legislative Platform - presentation of the
2004 Legislative/Regulatory Platform - action
requested - ADOPT LEGISLATIVE/REGULATORY
PLATFORM.
* 2. Resolution Encouraging Legislative Leadership to
Hear Bills Regarding Vehicle License Fee
Backfill - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
PRESENTATION
AND DISCUSSION
ITEMS
4.03 * Resolution Extending Non-Exclusive Cable Television
Franchises for the Unincorporated Areas of Chico/Durham
and the Unincorporated Areas of Paradise -
consideration of resolution which would provide a 30-
day extension of a non-exclusive franchise to
construct, operate and maintain a cable television
system to Comcast. A Comcast representative will
present information to the Board regarding Comcast's
upgrade and efforts to improve customer service -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN. (CHIEF ADMINISTRATIVE OFFICE)
4.04 * Horning Development Agreement - Transfer of Rights to
New Property Owner - consideration of a transfer of the
Development Agreement rights, and periodic review of
compliance with the Development Agreement for APN 040-
490-018, as a result of the transfer of the property to
a new owner - action requested - CONTINUE MATTER TO
TUESDAY, JANUARY 13, 2004, TO ALLOW STAFF ADDITIONAL
TIME TO RESEARCH THE ISSUE. (DEVELOPMENT SERVICES
[FROM 11-18-03/4.04])
PAGE 11 DECEMBER 16, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 16, 2003
4.05 * Report to the Board - October 7, 2003, Statewide
Special Election - presentation to the Board of the
fiscal impact of conducting the unscheduled Statewide
Special Election on October 7, 2003, and the
effectiveness of the"County Employee Precinct Officer"
pilot program - action requested - ACCEPT FOR
INFORMATION; AND APPROVE CONTINUATION OF COUNTY
EMPLOYEE PRECINCT OFFICER PROGRAM. (COUNTY CLERK-
RECORDER)
4.06 * Cost Recovery Analysis for Elections Division -
presentation of a recommended allocation methodology to
recover election costs - action requested - ACCEPT FOR
INFORMATION. (COUNTY CLERK-RECORDER AND CHIEF
ADMINISTRATIVE OFFICE)
4.07 Items Removed from the Consent Agenda for Board
Consideration and Action.
rJ . OO PUBLIC HEARINGS AND TIMED ITEMS
10:00 A.M. 5.01 * Public Hearing - Lot Line Adjustment and Certificate of
Merger Appeal - Russell T. Erickson - consideration of
an appeal of a denial of a Lot Line Adjustment and
Certificate of Merger to reconfigure two existing lots
located on the south side of Wilson Landing Road at the
railroad crossing, approximately 3,700 feet west of
Hamilton Nord-Cana Highway, in the Nord area, and
identified as APN 047-150-004 and 005 - action
requested - STAFF IS REQUESTING THE BOARD DENY THE
APPEAL, FINDING THAT APPROVAL OF THIS MERGER WOULD
VIOLATE THE TERMS OF THE EXISTING CALIFORNIA LAND
CONSERVATION ACT (CLCA) AGREEMENT. IN ADDITION, THE
NEW NORTHEAST PARCEL DOES NOT PROVIDE THE 300 FOOT
AGRICULTURAL BUFFER NECESSARY FOR RESIDENTIAL
DEVELOPMENT, DOES NOT CONFORM TO THE EXISTING A-40
ZONING, AND DOES NOT CONFORM TO THE ORCHARD AND FIELD
CROPS GENERAL PLAN DESIGNATION.
PAGE 12 DECEMBER 16, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 16, 2003
10:30 A.M. 5.02 * Public Hearing - An Ordinance Amending Section 20-95
and Adding Section 20-95.1, Regarding Lot Line
Adjustments, Repealing Section 20-180.2 and Amending
Section 20-180.3 Regarding Mergers, in Chapter 20,
Entitled "Subdivisions", of the Butte County Code, and
Amending Section 24-25.25, Entitled "Public Hearings
for Zoning Amendments", and Section 24-75, Entitled
"Site Requirements", of Chapter 24, Entitled "Zoning",
of the Butte County Code - consideration of an
ordinance which will revise County procedures for
processing Lot Line Adjustments and Mergers; revise
zoning site requirements pertaining to sewage disposal,
wells, and approved access; and revise display page
notice requirements for hearings (ZCA 04-01) - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO
SIGN.
11:15 A.M. 5.03 * Public Hearing - Law Library Fees - consideration of an
ordinance which will amend Article X of Chapter 3 of
the Butte County Code, increasing the Law Library Fee
paid by litigants in the Superior Court of California,
County of Butte, by $3.00 - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
11:30 A.M. 5.04 * Public Hearing - Appeal of Conditions of a Tentative
Parcel Map - Edward Niderost - consideration of an
appeal of 3 conditions of approval on a Tentative
Parcel Map to divide a 2-acre parcel into (2) 1-acre
parcels. This is an item on which notice of intent to
adopt a negative declaration with mitigation measures
regarding environmental impacts has been given. The
property is zoned SR-1 (Suburban Residential - 1 acre
parcels) and is located on the north side of Butte
Avenue, at the intersection of Butte Avenue and
Northgraves Avenue, Chico, and is identified as APN
004-490-020 (MM [TPM 03-20]) - action requested - STAFF
RECOMMENDS THE BOARD FIND THE PROJECT CONSISTENT WITH
THE BUTTE COUNTY GENERAL PLAN AND ORDINANCES, AND TAKE
THE FOLLOWING ACTIONS:
1. DENY THE APPEAL TO ELIMINATE CONDITION 4;
2. DENY THE APPEAL TO ELIMINATE CONDITION 23; AND
3. DENY THE APPEAL TO MODIFY CONDITION 9.
PAGE 13 DECEMBER 16, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 16, 2003
1:00 P.M. 5.05 * Timed Item - Presentation and Discussion of the Updated
Housing Element of the General Plan - presentation by
consultants, presentation of comments received from
stakeholder and Planning Commission meetings, and
discussion of the updated housing element - action
requested - DIRECT STAFF TO REVISE THE PROPOSED
ELEMENT; AND DIRECT STAFF TO FORWARD THE DOCUMENT TO
THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT FOR REVIEW AND COMMENT.
2:00 P.M. 5.06 * Continued 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
RECOMMENDS THE BOARD:
1. DENY THE APPEAL, FINDING THAT APPROVAL OF THIS
PROPOSAL WOULD NOT BE IN CONFORMANCE WITH THE
ZONING AND GENERAL PLAN CRITERIA; OR
2. DIRECT THE APPLICANT TO SUBMIT A REVISED
APPLICATION FOR REVIEW, WHICH ENLARGES THE
EASTERLY PARCEL TO INCORPORATE THE ENTIRE SEWAGE
DISPOSAL SYSTEM ON THE SAME PROPERTY AS THE
RESIDENCE BEING SERVED, IN CONFORMANCE WITH THE
PROVISIONS OF THE BUTTE COUNTY CODE AND
SUBDIVISION MAP ACT. (FROM 12-2-03 [5.05])
PAGE 14 DECEMBER 16, 2003
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 16, 2003
F) . OO PUBLIC COMMENT
Comments to the Board on issues and items not listed on
the agenda. Presentations will be limited to five
minutes. Please note that pursuant to California state
law, the Board of Supervisors is prohibited from taking
action on any item not listed on the agenda.
7.00 CLOSED SESSION
7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a)
1. JONES (RAINWATER) v. COUNTY OF BUTTE
BUTTE SUPERIOR COURT NO. 126573;
2. NEIGHBORS FOR RESPONSIBLE ACTION v.
COUNTY OF BUTTE; BUTTE SUPERIOR COURT NO. 126947.
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(c) ONE POTENTIAL CASE.
PAGE 15 DECEMBER 16, 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 Administration Building, 25 County Center Drive,
Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates
can be changed as a result of holidays or other events so please check the meeting calendar to be certain.
Copies of the adopted meeting calendar for the year are available in the County Administrative Office or at
the Clerk of the Board website at www.buttecounty.net/cob.
Agenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at least
72 hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the
Board website. A copy of the agenda and supporting materials provided to the Board of Supervisors members
to explain each agenda item (excluding documents that are not a public record within the meaning of the Public
Records Act) are available for your review at the County Administrative Office, the Chico, Oroville, and
Paradise libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies
of supporting materials can be made for you at a charge to cover costs. The list of communications included
with the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may
have been received but not included in the agenda supporting material. Copies of all communications received
by the Board of Supervisors (excluding documents that are not a public record within the meaning of the Public
Records Act) are available at the Administrative Office upon request. An (*) appearing before an agenda item
signifies that material has been provided to the Board of Supervisors members to explain that item.
Agenda Format and
Meeting Order: The agenda is usually organized into the following areas and meetings generally proceed in the following
order:
1. ConsentAgenda: these are items that are considered routine and are handled by one motion and vote
of the Board. If you wish to discuss any item on the Consent Agenda you can either fill out a
speaker card (located in the back of the board room) and give it to the Clerk of the Board (sitting to
the right of the Board) or, when the Chair asks if there is anything anyone would like to remove from
the ConsentAgenda, stand and approach the podium and request the item be removed. The removed
items are discussed at the end of the Regular Agenda.
2. Regular Agenda: this is where presentations to the Board and items that require full discussion are
heard. Items removed from the Consent Agenda are discussed under this section.
3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public
hearing are set. This is the section where appeals before the Board are usually discussed. Hearings
may start after the time listed, but will never start before the time listed.
4. Public Comment: this is the area of the agenda where members of the audience may address the
Board on any matter not listed on the agenda. The Board, by law, cannot take action on any matter
not listed on the agenda, but may respond to statements or questions and provide staff direction.
5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain
circumstances. This area ofthe agenda identifies those items that will be discussed during the closed
session.
Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow
members of the public the opportunity to comment on all matters before the Board. Public participation is
limited to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section
54954.3. The Board has adopted policy and procedures to facilitate the meeting process and conduct. A
complete listing of these policies and procedures can be found in the printed booklet agenda, obtained at the
County Administrative Office, or viewed at the Clerk of the Board website.
The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals
with special needs should call the Clerk of the Board at 530-538-7631, Monday through Friday, 8:00 a.m. to
5:00 p.m. to request disability-related modifications/accommodations or to request materials in alternate
formats. All requests for special accommodations and/or alternative format documents must be made 48 hours
prior to the meeting.
For further information contact the: Clerk of the Board of Supervisors
County Administrative Office
25 County Center Drive, Oroville, CA 95965
530-538-7631
www.buttecounty.net/cob