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HomeMy WebLinkAboutA121801BOARD OF SUPERVISORS AGENDA December 18, 2001 Time 9:00 A.M Item No. 1.00 2.00 R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District KIM YAMAGUCHI, 5th District ~ ~'i / ~ Wishing You a Joyous Holiday Season ,~~ ~ ~~ ~ ~: ~ 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. 2.01 Invocation - Pastor Ed Redfern - Church of the Nazarene, Oroville. 3.00 Consent A ecr nda Minutes 3.01 * Approval of Minutes - action requested - APPROVE MINUTES OF OCTOBER 23, 2001; OCTOBER 29, 2001; NOVEMBER 13, 2001; AND NOVEMBER 15, 2001. Budget 3.02 * Budget Transfers - action requested - APPROVE BUDGET Transfers TRANSFERS B-166 (BEHAVIORAL HEALTH) AND B-163 (LIBRARY/FACILITIES SERVICES [4/5 vote required]). Donations 3.03 * Butte County Department of Behavioral Health - Dumpster Donation - pursuant to Government Code Section 25355, a donation of the use of a 20-yard bin dumpster for seven days, valued at $184, was donated by NorCal waste Systems, Inc., to the Butte County Department of Behavioral Health for use by a client - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION. Time Item No. Fixed 3.04 * Probation Department - Computer Projector - Board Assets and approval is requested by the Probation Department Facilities for the fixed asset purchase of a computer projector in the amount of $3,500 for use in the Serious Habitual Offender Grant Program. The Office of Criminal Justice Planning has approved the expenditure. Board approval is also requested for a budget transfer of grant funds to the appropriate budget unit to provide for the purchase - action requested - APPROVE FIXED ASSET PURCHASE OF COMPUTER PROJECTOR IN THE AMOUNT OF $3,500; AND APPROVE BUDGET TRANSFER B-165 (4 /5 vote required). 3.05 * Fire Department - Board approval is requested by the Fire Department to purchase a utility vehicle in the amount of $25,000. The Fire Department's budget for fiscal year 2001-2002 included funds for the purchase of a fire truck. The department realized $25,000 in savings from the purchase and would like to utilize those funds to purchase a utility vehicle - action requested - APPROVE FIXED ASSET PURCHASE OF A UTILITY VEHICLE IN THE AMOUNT OF $25,000. Audit and 3.06 * Local Agency Improvement Fees - the Auditor- Finance Controller submits the Combined Report of Impact Fees or Local Agency Improvement Fees for Fiscal Year 2000-2001. Pursuant to Government Code Section 66006, this item will return to the agenda on January 8, 2002, for final review and action, and notice is hereby given that the information is on file and available for public inspection in the 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; AND DIRECT THIS ITEM TO RETURN TO THE AGENDA OF JANUARY 8, 2002, FOR FINAL REVIEW AND ACTION. 3.07 * Reissue Time Expired Check - Board approval is requested by the Administrative Office, on behalf of Gordon Dise, to reissue time expired check no. 1221068380, in the amount of $18.47, dated June 23, 1999. The Auditor-Controller has verified that the check is time expired and has not been reissued. The original check is in the possession of the County - action requested - DIRECT AUDITOR- CONTROLLER TO REISSUE TIME EXPIRED CHECK. Page 2 December 18, 2001 Time Item No. 3.08 * Sheriff's Office - Boating and waterways Grant - Current Fiscal Year Appropriation - Board approval is requested by the Sheriff-Coroner to transfer $30,000 from the Appropriation for Contingencies to the Sheriff's Office to provide the required County match for the Department of Boating and waterways grant to patrol Lake Oroville. Initially the Sheriff's Office intended to utilize aviation support as part of the required match; however, aviation support is not an expense allowed by the grant, so the transfer of funds is necessary to provide the required match - action requested - APPROVE TRANSFER OF $30,000 FROM THE APPROPRIATION FOR CONTINGENCIES (4 /5 vote required) TO THE SHERIFF'S OFFICE SERVICES BUDGET UNIT; AND DIRECT THE AUDITOR-CONTROLLER TO PREPARE BUDGET TRANSFER. Ordinances 3.09 Adoption 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 - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-11-O1 [3.10]) 3.10 Adoption 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 - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-11-O1 [3.11]) Page 3 December 18, 2001 Time Item No. 3.11 Adoption 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 - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-11-O1 [3.12]) 3.12 * Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Department of Human Resources prepare a salary ordinance amendment which adds one flexibly staffed position of Public Health Laboratory Technician/Public Health Laboratory Aide in response to an increased workload in clinic activities - action requested - WAIVE READING OF THE ORDINANCE. 3.13 * Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Department of Human Resources prepare a salary ordinance amendment which deletes one position of Director of Public Health Laboratory, and adds one flexibly staffed position of Director of Public Health Laboratory/Public Health Microbiologist. The department has had difficulties in recruiting for the position. Flexibly staffing the position is being proposed to give the department greater flexibility in filling the position - action requested - WAIVE READING OF THE ORDINANCE. 3.14 * Introduction of a Salary Ordinance Amendment - the Administrative Office, County Counsel, and the Sheriff-Coroner have requested the Department of Human Resources prepare a salary ordinance amendment which adds eight positions of Correctional Officer and two positions of Correctional Technician to the Corrections Division budget. The additional positions will increase jail staffing to the recommended levels, thereby eventually reducing the amount of overtime expenses in the future. Board approval is also requested for a budget transfer of $70,463 from the Appropriation for Contingencies to the Sheriff's budget to provide funding for the current year's cost - action requested - WAIVE READING OF THE ORDINANCE; AND DIRECT THE AUDITOR- CONTROLLER TO PREPARE BUDGET TRANSFER FROM APPROPRIATION FOR CONTINGENCIES (4 /5 vote required). Page 4 December 18, 2001 Time Item No. 3.15 * 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 compensation rate for the position classification of Supervisor-Food Services by 3.610 as a result of a compensation study - action requested - WAIVE READING OF THE ORDINANCE. 3.16 * Resolution Retirement requested TO SIGN. 3.17 * Resolution Retirement requested TO SIGN. in Appreciation of Jack Cross upon His from the County of Butte - action ADOPT RESOLUTION AND AUTHORIZE THE CHAIR in Appreciation of Cecil Foote upon His from the County of Butte - action ADOPT RESOLUTION AND AUTHORIZE THE CHAIR 3.18 * Resolution in Appreciation of Tony w. Mattos upon His Retirement from the County of Butte - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.19 * Resolution in Appreciation of Michael M. Schurr upon His Retirement from the County of Butte - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.20 * Resolution to Allocate Sufficient Funds and Resources to Support Incorporation of the Butte County Fire Safe Council - Board approval is requested by the Fire Department for a resolution which would support the incorporation of the Butte County Fire Safe Council and allocate sufficient resources and funds (estimated at $500/department budget) to accomplish that goal - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.21 * Resolution to Develop Enforcement Codes and Ordinances for Consideration and Application in Butte County - Board approval is requested by the Fire Department for a resolution which would direct the Butte County Department of Development Services and the Butte County Fire Department to jointly develop codes, ordinances and enforcement measures that would decrease the exposure of lives and property from the threat of wild fires - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Page 5 December 18, 2001 Time Item No. Roads 3.22 * Reconstruction of Humboldt Road from Dead Horse Slough to El Monte Avenue; County Project No. 55281- 2000-1 - Contract Change Order (CCO) No. 2 - CCO No. 2, in the net decreasing amount of $10 provides for the final balancing of changes to the contract quantities through project completion - action requested - APPROVE CCO NO. 2 AND AUTHORIZE THE CHAIR TO SIGN. 3.23 * Reconstruction of Humboldt Road from Dead Horse Slough to El Monte Avenue; County Project No. 55281- 2000-1 - Notice of Completion - the project consisted of 0.23 miles of roadway reconstruction from Dead Horse Slough to El Monte Avenue, and 0.59 miles of asphalt concrete overlays along nearby roads. All contract work has been completed in accordance with plans and specifications - action requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND DIRECT RECORDING OF THE NOTICE OF COMPLETION. Agreements 3.24 * Pacific Municipal Consultants - Interim Director- and Development Services Agreement - Amendment - Board Grants approval is requested by the Administrative Office for an amendment to the agreement with Pacific Municipal Consultants for the employment of Tom Buford as the Interim Director-Development Services. The amendment extends the term of the agreement through January 31, 2001, and increases the maximum amount payable by $15,000 - action requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.25 * North Valley Schools, Inc. - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with North Valley Schools, Inc., for the provision of rehabilitation, clinical, counseling, social, recreational, educational, and case management services to referred adults. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $553,124 (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 18, 2001 Time Item No. 3.26 * North Valley Schools, Inc. - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with North Valley Schools, Inc., for the provision of therapeutic behavioral services to children who receive Medi-Cal benefits, and 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 $25,000 (department budget) - 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-Department of Alcohol and Drug Programs - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the grant award agreement for funds for Butte County drug and alcohol programs. The amendment provides for an increased award amount to the County of $8, 023 to be used for increased residential services to participants. All other terms and provisions remain the same. Board approval is also requested for a budget transfer to accept and appropriate the unanticipated revenue - action requested - ADOPT RESOLUTION APPROVING GRANT AWARD AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-162 (4/5 vote required) ACCEPTING AND APPRORIATING THE UNANTICIPATED REVENUE. 3.28 * Substance Abuse and Mental Health Services Administration (SAMHSA) Grant Program - Board approval is requested by the Butte County Department of Behavioral Health to apply to the State of California for SAMHSA funding for fiscal year 2001- 2002. SAMHSA Block Grant funds are used for integrated services for emotionally disturbed adults and children. The term of the grant agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable to the County of $233,870 - action requested - APPROVE GRANT AGREEMENT; AND ADOPT RESOLUTION AUTHORIZING THE COUNTY TO ACCEPT FUNDS AND PARTICIPATE IN GRANT PROGRAM AND AUTHORIZE THE CHAIR TO SIGN. Page 7 December 18, 2001 Time Item No. 3.29 * Charles Carey - Board approval is requested by the Department of Child Support Services for a lease agreement with Charles Carey for the property located at 1997 Bird Street, Oroville. The property will be utilized by the department for additional staff and storage space. The term of the agreement is January 1, 2002, through November 30, 2002, with a monthly lease rate of $1,200, and in-fill cost not to exceed $29,450 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13335) 3.30 * Butte Meadows Hillsliders Snowmobile Club - Amendment - Board approval is requested by the General Services Director for an amendment to the agreement with the Butte Meadows Hillsliders Snowmobile Club for the provision of services in support of the Off-Highway Vehicle Recreation Grant from the California Department of Parks and Recreation. The amendment extends the term of the agreement through June 30, 2002, and provides for a maximum amount payable of $35,000 (grant funds). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11024) 3.31 * Pacific Gas and Electric - Amendment - Board approval is requested by the Public works Department for an amendment to the agreement with Pacific Gas and Electric for the relocation of a 60KV pole line at Centerville Road and Butte Creek. The amendment increases the maximum amount payable by $29,058 (department budget) as a result of the final actual costs incurred to relocate the pole line - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11613) 3.32 * Epic Solutions/Printak - Amendment - Board approval is requested by the Sheriff's Office for an amendment to the agreement with Printak for the lease and maintenance of the electronic inmate identification card system. The amendment provides for the name change of the company from Epic Solutions to Printak, and extends the term of the agreement through March 2003, with a maximum amount payable of $20, 102 per year for software support and $7,251 per year for hardware support (department budget). Board approval is also requested for a budget transfer of $765 from the Inmate welfare Fund to provide the remaining necessary funding for the remainder of the fiscal year - action requested - APPROVE BUDGET TRANSFER B-164 (4/5 vote required); AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 8 December 18, 2001 Time Item No. 3.33 * State of California-Department of Boating and waterways - Grant Application Fiscal Year 2002- 2003 - Board approval is requested by the Sheriff's Office to apply to the State of California- Department of Boating and waterways for a grant in the amount of $152,515 for fiscal year 2002-2003, with a County match requirement of $35,554. The grant funds would provide continued funding of water enforcement programs, and Board approval is requested for a resolution supporting the grant program - action requested - APPROVE GRANT APPLICATION; ADOPT RESOLUTION IN SUPPORT OF THE GRANT AND AUTHORIZE THE CHAIR TO SIGN; AUTHORIZE THE SHERIFF-CORONER TO SIGN GRANT DOCUMENTS; AND AUTHORIZE KEN JONES, BUTTE COUNTY ASSISTANT AUDITOR- CONTROLLER TO COMPLETE THE DOCUMENTATION OF ESTIMATED BOAT TAX REVENUES FOR SUBMISSION WITH THE GRANT. Miscel- 3.34 * Direct Deposit Program for Public Assistance laneous Payments - Board approval is requested by the Department of Employment and Social Services to implement a direct deposit program for public assistance recipients within the County. The program is a result of Senate Bill 962, which mandates that counties offering direct deposit services to employees must offer direct deposit services to public assistance recipients. The department has been working with the Auditor- Controller and Treasurer-Tax Collector to make the necessary changes to the assistance issuance system to implement the program. The program is scheduled to begin February 2002 - action requested - ADOPT RESOLUTION APPROVING THE IMPLEMENTATION OF A DIRECT DEPOSIT PROGRAM FOR PUBLIC ASSISTANCE RECIPIENTS AND AUTHORIZE THE CHAIR TO SIGN. 3.35 * December 24, 2001 - Holiday - President Bush has signed an Executive Order declaring December 24, 2001, a federal holiday. Pursuant to Personnel Rules, Section 12.5(a)(12), the Director of Human Resources has prepared an agenda item requesting the Board designate December 24, 2001, as an observed Butte County holiday, and that all Butte County offices be closed. Provisions outlined in the Personnel Rules that apply to employees who work on designated County holidays apply. This action is requested to apply to this year only, and is not to be construed as a precedent for any future year - action requested - DESIGNATE MONDAY, DECEMBER 24, 2001, AS A DAY THAT EMPLOYEES SHALL BE EXCUSED FROM DUTY CONSISTENT WITH THE COUNTY'S POLICY REGARDING PAID HOLIDAYS. Page 9 December 18, 2001 Time Item No. 3.36 * Total Quality Management Policy - as part of the County's continuous improvement program, the Chief Administrative Officer submits a draft policy submitted to departments regarding Total Quality Management - action requested - ACCEPT FOR INFORMATION. 3.37 * Advance Step Hire - the District Attorney has requested the Department of Human Resources prepare an agenda item requesting the Board approve the advance step hire of a District Attorney Investigator II candidate to step 4 of the salary range based on education and experience - action requested - APPROVE ADVANCE STEP HIRE OF A DISTRICT ATTORNEY INVESTIGATOR II CANDIDATE TO STEP 4 OF THE SALARY RANGE. 4.00 Regular A ecr nda 4.01 Appointments - Boards, Commissions, and Committees. * 1. Appointments to listed vacancies. 2. Butte County water Commission - consideration of a letter of interest for the Landowner- District water vacancy on the Butte County water Commission - action requested - CONSIDER APPOINTMENT TO VACATED TERM TO END MARCH 1, 2005. 4.02 Update on legislative and budget activities. (INTERIM CHIEF ADMINISTRATIVE OFFICER) * 1. 2002 Legislative Platform - presentation of 2002 Butte County Legislative Platform - action requested - ADOPT PLATFORM. (DALE wAGERMAN, wAGERMAN AND ASSOCIATES) 4.03 * Library Long Range Planning Committee - Report to the Board - presentation of the Library Long Range Planning Committee's recommendations - action requested - ACCEPT REPORT FOR INFORMATION; AND DIRECT THE CHIEF ADMINISTRATIVE OFFICE AND THE DIRECTOR-LIBRARIES TO DEVELOP RECOMMENDATION FOR BOARD CONSIDERATION REGARDING THE FORMATION OF A LIBRARY ADVISORY BOARD. (DIRECTOR-LIBRARIES) Page 10 December 18, 2001 Time Item No. 4.04 * Butte County Business Retention and Expansion Study - Interim Report - report to the Board on the progress of the County's Business Outreach Program and the Butte County Business Retention and Expansion Study - action requested - ACCEPT FOR INFORMATION; AND DIRECT STAFF TO PROCEED AS APPROPRIATE. (INTERIM CHIEF ADMINISTRATIVE OFFICER) 4.05 * Board of Supervisors Protocol Policy - consideration of the adoption of a policy setting forth protocols for the Board in the areas of meetings, public testimony, agenda presentation, order of business, open and closed session, and communications - action requested - DIRECT THE ADMINISTRATIVE OFFICE AND COUNTY COUNSEL TO DEVELOP A DRAFT BOARD PROTOCOL POLICY FOR BOARD CONSIDERATION. (INTERIM CHIEF ADMINISTRATIVE OFFICER) 4.06 * Public Defender Consortium: 1. Coleen Jarvis - the Public Defender Consortium is requesting 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 - CONSIDER ACTION ON AGREEMENT. (FROM 12-11-O1 [4.06(1)]); (Continued on Page 12) Page 11 December 18, 2001 Time Item No. 4.06 2. Braddon Hatch - Amendment - the Public (Cont.) Defender Consortium is requesting 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 - CONSIDER ACTION ON AGREEMENT. (FROM 12-11-O1 [4.06(2)] (INTERIM CHIEF ADMINISTRATIVE OFFICER) 4.07 * Budget Savings Incentive Program - Report to the Board - report and recommendations on the Budget Savings Incentive Program - action requested - REDUCE BUDGET SAVINGS INCENTIVE PROGRAM PAYMENTS TO DEPARTMENTS FROM 50o OF SAVINGS TO 25o OF SAVINGS FOR FISCAL YEAR 2000-2001; DIRECT THE ADMINISTRATIVE OFFICE TO WORK WITH DEPARTMENTS TO BRING FORWARD FOR BOARD APPROVAL THE DEPARTMENTAL EXPENDITURE PLANS AND ASSOCIATED BUDGET TRANSFERS FOR THE 25o SAVINGS PAYMENTS; DIRECT THE ADMINISTRATIVE OFFICE TO REVIEW THE BUDGET SAVINGS INCENTIVE PROGRAM OVERALL, IN CONSULTATION WITH MANAGEMENT COUNCIL, TO PROVIDE RECOMMENDATIONS ON THE FUTURE OF THE PROGRAM. (INTERIM CHIEF ADMINISTRATIVE OFFICER) 4.08 * Selection of Consultant - consideration of the selection of a consultant to prepare an Environmental Impact Report for the Sugarloaf Mine at Cherokee as proposed by AMT - action requested - APPROVE THE INTERIM CHIEF ADMINISTRATIVE OFFICER'S RECOMMENDATION TO CONTRACT WITH SHN CONSULTANTS FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE SUGARLOAF MINE SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (INTERIM CHIEF ADMINISTRATIVE OFFICER/DEVELOPMENT SERVICES) 4.09 Items removed from the Consent Agenda for Board consideration and action. Page 12 December 18, 2001 Time Item No. 5.00 Public Hearincrs and Timed Items 10:30 A.m. 5.01 * Continued Public Hearing - John and Sharon Byrne - Tentative Parcel Map - consideration of an appeal of the Development Review Committee's denial of a Tentative Parcel Map proposing four 1+/- acre parcels and a 5.35+/- acre remainder from an existing 9.41+/- acre parcel (this is a project on which notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given). water supply will be provided by the California water Company or domestic wells. Sewer will be provided by individual septic systems. Access to the parcels will be provided by Rocking H Circle and an additional easement connecting onto Eaton Road. The property is zoned SR (Suburban Residential) and is located at the southwest corner of Eaton Road and Godman Avenue in the Chico area, and identified as APN 007-260-081 and 082 (File No. TSM O1-03 [DB]) - action requested - STAFF RECOMMENDS THE BOARD TAKE ONE OF THE FOLLOWING TWO ACTIONS: 1. DENY THE APPEAL, AND DENY THE TENTATIVE PARCEL MAP FOR JOHN BYRNE (TSM O1-03); OR 2. CONTINUE THE APPEAL OPEN TO A FUTURE DATE AND INSTRUCT STAFF TO REPUBLISH A HEARING NOTICE WHEN OVERRIDE FINDINGS CAN BE PROVIDED FOR BOARD CONSIDERATION. (FROM 11-13-O1 [5.01]) Page 13 December 18, 2001 Time Item No. 11:00 A.m. 5.02 * Public Hearing - Margaret F. Porter - Appeal of the Development Services Director's determination dated October 26, 2001, to require a Use Permit pursuant to Butte County Zoning Ordinance Section 24-35.20 for the expansion of a nonconforming use. The property is zoned A-R (Agricultural Residential) and is located on the north side of 18th Street and 20th Street, at 1882 Tehama Avenue, Thermalito, and identified as APN 030-462-021 - action requested - STAFF RECOMMENDS THE BOARD TAKE ONE OF THE FOLLOWING TWO ACTIONS: 1. DENY THE APPEAL BASED ON THE FINDING THAT THE USE PROPOSED BY THE APPLICANT AND CONSIDERED BY THE DIRECTOR IS NOT IDENTICAL TO THE COMFORT AND CHEER REST HOME IN THAT THE CLIENTS SERVED WOULD NOT BE ELDERLY, ALL WOULD BE AMBULATORY, AND THE PROPOSED OPERATIONS COULD HAVE A SUBSTANTIALLY DIFFERENT IMPACT ON THE NEIGHBORHOOD THAN THE COMFORT AND CHEER REST HOME; THAT THE APPLICANT IS, THEREFORE, REQUIRED TO OBTAIN A USE PERMIT FOR THE PROPOSED OPERATION PURSUANT TO SECTION 24-25.2 OF THE ZONING ORDINANCE; OR 2. GRANT THE APPEAL BASED ON THE FINDING THAT THE PROPOSED OPERATION IS IDENTICAL TO THE COMFORT AND CHEER REST HOME IN THAT THE FACILITY WOULD SERVE A RESIDENT POPULATION FOR FEE AND WOULD PROVIDE SERVICES THAT ARE SUBSTANTIALLY SIMILAR AND IDENTICAL TO THE COMFORT AND CHEER REST HOME; THAT THE APPLICANT IS, THEREFORE, NOT REQUIRED TO OBTAIN A USE PERMIT FOR THE PROPOSED OPERATION PURSUANT TO SECTION 24- 35.20 OF THE ZONING ORDINANCE. 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.) Page 14 December 18, 2001 Time Item No. 7.00 Closed Session 7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE. 7.02 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: AGENCY NEGOTIATORS: JEANNE GRAVETTE AND WILLIAM AVERY. EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE COUNTY MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT); COMMUNICATION WORKERS OF AMERICA (SOCIAL SERVICES WORKERS UNIT); BUTTE COUNTY PROFESSIONAL EMPLOYEES UNIT; BUTTE COUNTY DEPUTY SHERIFFS ASSOCIATION (GENERAL AND MANAGEMENT/SUPERVISORY UNIT); AND BUTTE COUNTY CORRECTIONAL OFFICERS ASSOCIATION (GENERAL AND MANAGEMENT/SUPERVISORY UNIT). 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 15 December 18, 2001