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
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Wishing You a Joyous Holiday Season ,~~ ~
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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.
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