HomeMy WebLinkAboutM021103BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
Called to Order at 9:02 a.m. in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Dolan, Houx, Josiassen, Yamaguchi, and Chair
Beeler. Also present: Paul McIntosh, Chief Administrative
Officer; Bruce Alpert, County Counsel; and Marion Reeves,
Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of America.
Invocation - Reverend Stan Henderson, Trinity Presbyterian Church,
Oroville.
CORRECTIONS AND~OR CHANGES TO THE AGENDA (1 1 2)
03 -035 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION OR ACTION.
1. Change in Ownership Penalty - approval is requested for a
resolution which will delegate authority provided by Revenue
and Taxation Code Section 483(c) to abate penalties for
failure to file a change of ownership statement from the
Board to the Assessor - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
2. Introduction of an Ordinance of the County of Butte Repealing
Chapter 46 of the Butte County Code Concerning Purchasing and
Replacing it with a New Chapter 46 Concerning Purchasing,
approval is requested for an ordinance which will amend the
County's purchasing ordinance.
. The purchasing ordinance
amendment provides for "clean up" language for previous
sections of the ordinance requiring correction and/or
clarification and implements processes that are designed to
achieve enhanced control over contracts.
- action requested - WAIVE READING OF THE
ORDINANCE.
PacE 1 FEBRUARY ll, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
0 3- 0 3 6 CONSENT AGENDA
1. State of California Department of Food and Agriculture -
approval is requested for a revenue agreement with the State
of California Department of Food and Agriculture for funds
to support Glassy-Winged Sharp Shooter activities. The term
of the agreement is July 1, 2002, through June 30, 2003, with
a maximum amount payable to the County of $113,737. The
department included $50,000 for the agreement in its fiscal
year 2002-2003 budget and Board approval is also requested
to accept and appropriate the additional $63,737 received
under this agreement - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER
B-238 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE. (Contract No. R40849)
2. CalWORKs Funding and Budget Revisions - approval is requested
for revenue and expenditure adjustments related to the
CalWORKs allocation for fiscal year 2002-2003. The
department has received notice that the Mental Health
Allocation was increased by $201,593 and the Substance Abuse
Allocation was decreased $201,593. Revenue and expenditure
adjustments are required in the corresponding budget units -
action requested - APPROVE BUDGET TRANSFER B-267 (4/5 vote
required) MAKING REVENUE AND EXPENDITURE ADJUSTMENTS AS
DETAILED IN THE AGENDA REPORT.
3. Adult System of Care Allocation Restoration - approval is
requested to accept and appropriate $78,750 in additional
Adult System of Care Mental Health Allocation funds. The
funds are utilized to support the Homeless Mentally Ill
Program and the additional funds will be used to restore
contracts that were reduced based on the initial 2002-2003
allocation amount - action requested - APPROVE BUDGET
TRANSFER B-259 (4/5 vote required) ACCEPTING AND
APPROPRIATING THE UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
4. Children's System of Care Award - approval is requested to
accept and appropriate $200,400 received from the State
Department of Mental Health-Children's System of Care
program. The funds will be used to expand services to youth
clients through various programs. The department is also
proposing to utilize $21,735 to purchase a four-wheel drive
vehicle for use in outreach programs to rural areas of the
County, and Board approval is requested for the fixed asset
purchase - action requested - APPROVE BUDGET TRANSFER B-265
(4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE THE
FIXED ASSET PURCHASE OF A VEHICLE IN THE AMOUNT OF $21,735.
PAGE 2 FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
03-036 5. Drug Court Partnership Carryover Funds and Budget Revisions -
approval is requested to accept and appropriate Drug Court
Partnership Project Year Three funds in the amount of
$93,533. The department has received notice that the
California Department of Alcohol and Drug Programs has
approved the request to carryover Project Year Three funds
and to revise the Project Year Four budget. The funds will
be used to provide emergency housing for clients and for
support services, supplies and expenses - action requested -
APPROVE BUDGET TRANSFER B-268 (4/5 vote required) ACCEPTING
AND ALLOCATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
6. Comprehensive Drug Court Implementation Carryover Funds and
Budget Revisions - approval is requested to accept and
appropriate Comprehensive Drug Court Implementation Project
Year One funds in the amount of $54,745. The department has
received notice that the California Department of Alcohol and
Drug Programs has approved the request to carryover Project
Year One funds and to revise the Project Year Two budget.
The funds will be used to provide residential and outpatient
treatment, drug testing supplies and staff support - action
requested - APPROVE BUDGET TRANSFER B-270 (4/5 vote required)
ACCEPTING AND ALLOCATING UNANTICIPATED REVENUE AS DETAILED
IN THE AGENDA REPORT.
7. Solutions - Amendment - approval is requested for an
amendment to the revenue agreement with Solutions for funds
to support the mandated annual evaluations of the Drinking
Driver Program. The increase is in response to additional
mandated evaluation requirements. The amendment increases
the maximum amount payable to the County by $250. All other
terms and provisions remain the same - action requested -
APPROVE BUDGET TRANSFER B-258 (4/5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. R40846)
8. Memorandum of Understanding with the Butte County Probation
Department - Amendment - approval is requested for an
amendment to the Memorandum of Understanding with the
Probation Department for the provision of drug testing
services for Behavioral Health clients. The amendment
increases the maximum amount payable by $16,751 (Drug Court
Partnership funds). 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. X10941)
PAGE 3 FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
03-036 9. Butte County Behavioral Health Board - action requested -
APPOINT KEVEN PARTRIDGE, CONSUMER MEMBER REPRESENTATIVE, TO
A TERM TO END DECEMBER 31, 2005; MICHAEL SHUELL, PH.D. AND
SHEILA HOBAN, COMMUNITY MEMBER REPRESENTATIVES, TO TERMS TO
END DECEMBER 31, 2005; AND DAVE RICHARDSON, LAW ENFORCEMENT
REPRESENTATIVE, TO A VACATED TERM TO END DECEMBER 31, 2004.
10. Facilities Master Plan Steering Committee - Supervisor Beeler
submits District 1 appointees to the Facilities Master Plan
Steering Committee - action requested - APPOINT DAVID
PALMERLEE AND GIL THATCHER, DISTRICT 1 REPRESENTATIVES.
11. Butte County Resource Conservation District Board -
Supervisor Houx submits the District 3 representative to the
Butte County Resource Conservation District Board - action
requested - REAPPOINT DONALD HOLTGRIEVE, DISTRICT 3
REPRESENTATIVE, TO A TERM TO END JANUARY 8, 2007.
12. Resolution Expressing Opposition to the Elimination of the
Williamson Act Subvention Fund - approval is requested for
a resolution which opposes the Governor's proposed
elimination of the Open Space Act Subvention Program in the
2003-04 State budget. The loss to Butte County is estimated
at $650,000 per year - action requested - ADOPT RESOLUTION
03-025 AND AUTHORIZE THE CHAIR TO SIGN.
13. Revised Resolution Creating the Facilities Master Plan
Steering Committee - approval is requested for a revision to
the resolution which created the Facilities Master Plan
Steering Committee. The revised resolution includes the
provision for the City of Chico and City of Oroville to
appoint a representative - action requested - ADOPT REVISED
RESOLUTION 03-023 AND AUTHORIZE THE CHAIR TO SIGN.
14. Savings Incentive Program - the Administrative Office has
worked with departments to develop expenditure plans for
Savings Incentive Program payments. Board approval is
requested for the proposed expenditure plans, the budget
transfers necessary for each department, and the purchase of
the fixed asset items as detailed in the agenda report -
action requested - APPROVE BUDGET TRANSFER B-278 (4/5 vote
required) FROM THE GENERAL FUND APPROPRIATION FOR
CONTINGENCIES TO THE VARIOUS DEPARTMENTS AS DETAILED IN THE
AGENDA REPORT; AND APPROVE PURCHASE OF FIXED ASSET ITEMS AS
DETAILED IN THE AGENDA REPORT.
15. Budget Transfer for Economic Analysis - approval is requested
for a budget transfer of $16,065 from the General Fund
Appropriation for Contingencies to the Chief Administrative
Office budget unit to provide funds for the consulting
services utilized to prepare comments on the Economic
Analysis of Critical Habitat Designation for Vernal Pool
Species as submitted to the Board on January 14, 2003 -
action requested - APPROVE BUDGET TRANSFER B-279 (4/5 vote
required) FROM THE GENERAL FUND APPROPRIATION FOR
CONTINGENCIES AS DETAILED IN THE AGENDA REPORT.
PAGE 4 FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
03-036 16. Approval of Minutes - action requested - APPROVE MINUTES OF
JANUARY 14, 2003.
17. Law Library Board of Trustees - action requested - REAPPOINT
RAOUL LECLERC, ATTORNEY REPRESENTATIVE, AND GARY KNIPPEN, EX
OFFICIO TRUSTEE AND BOARD DESIGNEE, TO TERMS TO END
JANUARY 2004.
18. Bicycle Advisory Committee - action requested - REAPPOINT
NORA TODENHAGEN TO A TERM TO END JANUARY 1, 2007.
19. Oroville Mosquito Abatement District - action requested -
REAPPOINT DENNIS DIVER AND BUSS ROBERTS TO TERMS TO END
DECEMBER 31, 2004.
20. Community Transit Advisory Committee - action requested -
REAPPOINT DIANE COOPER, COUNTY APPOINTEE, TO A TERM TO END
JANUARY 1, 2007.
21. Revised Abandoned Vehicle Abatement Service Authority Joint
Powers Agreement - in August 2002, the Board adopted a
resolution that established a Service Authority for the
implementation of an abandoned vehicle abatement program.
A draft of the program was submitted to the California
Highway Patrol for review and approval. The California
Highway Patrol has requested that a section be added to the
agreement regarding voting rights of members of the Service
Authority. Proposed is a revised version of the agreement
which contains the California Highway Patrol's suggested
change - action requested - ADOPT AND AUTHORIZE THE CHAIR TO
SIGN RESOLUTION 03-026 APPROVING THE MODIFIED JOINT POWERS
AGREEMENT AND AUTHORIZING THE CHIEF ADMINISTRATIVE OFFICER
TO SIGN THE AMENDED AGREEMENT.
22. Land Conservation Agreement Application - by unanimous vote
the Land Conservation Act Advisory Committee approved a
revision to the Land Conservation Agreement with Genevieve
Colman Trust for 80 acres of open space land identified as
APN 041-080-044 - action requested - APPROVE REVISION TO LAND
CONSERVATION ACT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
23. Resolution of Renewal of the City of Oroville Recycling
Market Development Zone - the City of Oroville has requested
the Board consider a resolution of support for the Oroville
Recycling Market Development Zone (RMDZ) The RMDZ is an
economic and technical assistance program that provides
State-funded low interest loans, engineering and technical
assistance, siting and permitting assistance, business
planning assistance, and assistance with obtaining recycled
feedstock. The Oroville RMDZ was established on
March 31, 1993, and will expire March 31, 2003, unless
renewed as requested - action requested - ADOPT RESOLUTION
03-027 AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 5 FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
03-036 24. Constellation Justice Systems - Amendment - approval is
requested for an amendment to the agreement with
Constellation Justice Systems for the provision of an
automated case management system. The amendment provides for
system upgrades that include an increase of 39 user licenses,
access by all County law enforcement agencies, additional
modules to manage cases previously excluded from the system,
and increased costs of system maintenance. The term of the
agreement amendment is July 1, 2002, through June 30, 2003,
with a maximum amount payable of $141,436. Funding for the
agreement will be provided by District Attorney-Citizens'
Options for Public Safety program funds, Local Law
Enforcement Block Grant funds and District Attorney Operating
Budget funds. Board approval is also requested for the
necessary transfers to provide funding for the agreement and
the purchase of the fixed asset system upgrades - action
requested - APPROVE BUDGET TRANSFER B-277 (4/5 vote required)
ACCEPTING, APPROPRIATING AND TRANSFERRING FUNDS AS DETAILED
IN THE AGENDA REPORT; APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE FIXED ASSET
PURCHASE OF SYSTEM UPGRADES.
25. Mid-year Budget Adjustments - approval is requested for
various appropriation and revenue shifts to increase funds
appropriated for the In-Home Supportive Services Program,
Individual Provider-Residual as a result of unanticipated
increases in costs - action requested - APPROVE BUDGET
TRANSFER B-276 (4/5 vote required) MAKING APPROPRIATION
TRANSFERS AND REVENUE ADJUSTMENTS AS DETAILED IN ATTACHMENT
"A" OF THE AGENDA REPORT.
26. Supervised Visitation and Safe Exchange Grant - approval is
requested to apply to the Federal Office of Justice Programs,
Violence Against Women Office for grant funds in the amount
of $120,000 (over two years) to complete a strategic plan to
expand and make safer supervised visitation and safe exchange
services to victims of domestic violence, sexual assault,
child abuse and stalking. At the end of the planning grant
cycle an implementation grant application may be submitted -
action requested - APPROVE GRANT APPLICATION AND AUTHORIZE
THE DIRECTOR OF EMPLOYMENT AND SOCIAL SERVICES TO SIGN.
PAGE 6 FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
03-036 27. Agreement Encumbrance Amendment - approval is requested to
accept and appropriate $25,000 in Federal Temporary
Assistance for Needy Families unanticipated revenue, direct
the Auditor to encumber $25,000 into the CalWORKs budget
unit, and approve the release of a $25,000 encumbrance in the
Children's Services budget for an agreement with Family Tree
Services. The movement of funds will allow $25,000 to be
utilized for other contractual obligations without altering
the agreement with Family Tree Services beyond the funding
source - action requested - APPROVE BUDGET TRANSFER B-272
(4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
FEDERAL REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE
THE RELEASE OF AN ENCUMBRANCE IN THE AMOUNT OF $25, 000 AS
DETAILED IN THE AGENDA REPORT.
28. Enloe Medical Center - approval is requested for an agreement
with Enloe Medical Center for the provision of training
services for the Options for Recovery Program. The term of
the agreement is July 1, 2002, through June 30, 2003, with
a maximum amount payable of $187,360 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract No. X13899)
29. Applied Testing Consultants, Inc. - Amendment - approval is
requested for an amendment to the agreement with Applied
Testing Consultants, Inc., for the provision of inspection
and testing services during construction of the new juvenile
hall. The amendment increases the maximum amount payable by
$43,000 (project contingencies budget) as a result of work
requiring greater on-site attendance by inspectors. All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X12061)
30. Kitchell CEM, Inc. - Amendment - approval is requested for
an amendment to the agreement with Kitchell CEM, Inc., for
the provision of construction management services for the new
juvenile hall project. The amendment reduces the monthly
compensation amount from $10,000 to $6,667 (or prorated
portion of a month) during the construction portion of the
agreement, reduces on-site staff from three days per week to
two days per week, reduces the reimbursable expenses from
$53,000 to $43,500, and extends the term of the agreement to
April 30, 2003. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11452)
PAGE 7 FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
03-036 31. William "Mike" Pyeatt - Amendment - approval is requested for
an amendment to the consulting agreement with William "Mike"
Pyeatt for project administration services for the new
juvenile hall project. The amendment extends the term of the
agreement to May 31, 2003, and increases the maximum amount
payable by $20,000 (project contingencies budget). All other
terms and provisions remain the same. Pursuant to the Butte
County Purchasing Policy, the Board is notified that Mr.
Pyeatt separated from County employment in December 2001 -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X13345)
32. Adoption of an Ordinance - California Public Employees
Retirement System (CalPERS) - Amendment to Retirement
Benefits - approval is requested for the adoption of an
ordinance which will amend the County's agreement with
CalPERS regarding retirement benefit calculations. The
proposed amendment would provide to the District Attorney
Investigator series the 3o at age 50 safety retirement
formula pursuant to Government Code Section 20432.5 (District
Attorney Investigators as "Local Sheriff"). All other
retirement benefits remain the same. On January 14, 2003,
the Board adopted a resolution of intent to amend the
contract, disclosed the cost of the proposed benefit
increase, and waived the reading of the ordinance - action
requested - ADOPT ORDINANCE 3843 APPROVING CONTRACT AND
AUTHORIZE THE CHAIR TO SIGN (CONTRACT IS SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER). (FROM 1-14-03
[4.09] )
PAGE 8 FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
03-036 33. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution to amend the salary ordinance as
follows: SHERIFF-CORONER- SERVICES - deletes one flexibly
staffed position of Supervisor-Staff Support Services or
Supervisor-Clerical Support Services and adds one position
of Executive Secretary to the Sheriff (new classification).
PROBATION-VICTIM WITNESS - deletes one position of
Supervising Probation Officer and adds one flexibly staffed
position of Supervising Probation Officer/Probation Officer
III. BEHAVIORAL HEALTH-SUBSTANCE ABUSE SERVICES - deletes
one flexibly staffed position of Medical Records Technician
II/I, two flexibly staffed positions of Mental Health
Clinician II/I, and one flexibly staffed position of Senior
Mental Health Counselor/Mental Health Counselor/Mental Health
Worker. BEHAVIORAL HEALTH-GENERAL SERVICES - adds one
flexibly staffed position of Medical Records Technician II/I,
two flexibly staffed positions of Mental Health Clinician
II/I, and one flexibly staffed position of Senior Mental
Health Counselor/Mental Health Counselor/Mental Health
Worker. NEAL ROAD SANITARY LANDFILL - adds one position of
Landfill Operations Manager, two positions of Senior Landfill
Equipment Operator, three positions of Landfill Equipment
Operator, three positions of Landfill Maintenance Worker II,
and two positions of Landfill Maintenance Worker I (new
classifications). SALARY PLANS - adds the above-referenced
new classifications to the appropriate Salary Plan tables.
SALARY PLANS FOR ELECTED AND APPOINTED OFFICIALS-APPOINTED
DEPARTMENT HEADS - sets the annual salary for the Chief
Probation Officer at $98,193 (retroactive to
February 1, 2003) and the annual salary for the Director-
Development Services at $100,173 (retroactive to
February 1, 2003) - action requested - ADOPT RESOLUTION
03-028 AND AUTHORIZE THE CHAIR TO SIGN.
34. Donations for Staff Support - pursuant to Government Code
Section 25355, donations of $3,683 from the Gridley Friends
of the Library and $2,302 from the Paradise Friends of the
Library have been received by the Library to fund Extra Help
staff. Board approval is requested to accept and appropriate
the funds - action requested - APPROVE BUDGET TRANSFER B-266
(4/5 vote required) ACCEPTING AND APPROPRIATING THE
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT; AND
AUTHORIZE LETTERS OF APPRECIATION.
35. Donations for Books - pursuant to Government Code Section
25355, donations of $915.50 from the Oroville Friends of the
Library, $640 from the Gridley Friends of the Library, $300
from the Chico Friends of the Library, and $100 from Rae
Phillips have been received for the Butte County Trust Fund
for the purchase of books - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
PAGE 9 FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
03-036 36. Pupillometer Purchase - approval is requested for the fixed
asset purchase of two pupillometers (drug testing
prescreening equipment) in the amount of $16,740 ($8,370
each). The use of pupillometers is expected to reduce costs
by eliminating the need for more expensive urine drug tests
for probationers who have favorable test results from the
prescreening. The department is proposing to utilize savings
from a professional services contract encumbrance to fund the
purchase and Board approval is also requested for the
transfer of department funds - action requested - APPROVE
BUDGET TRANSFER B-260; AND APPROVE FIXED ASSET PURCHASE OF
TWO PUPILLOMETERS IN AN AMOUNT NOT TO EXCEED $16,740.
37. California Family Health Council - approval is requested for
a revenue agreement with California Family Health Council for
funds to be utilized for family planning services. The term
of the agreement is January 1, 2003, through
December 31, 2003, with a maximum amount payable to the
County of $88,445 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
38. Resolution Approving the Proposed Overall Annual
Disadvantaged Business Enterprise (DBE) Goal of 12o for
Federal Fiscal Year 2003 - Board approval is requested for
a resolution which would approve the proposed Overall Annual
Goal of 12o for Federal fiscal year 2003, for adoption and
submission to the California Department of Transportation as
a condition of Federal financial assistance - action
requested - ADOPT RESOLUTION 03-029 AND AUTHORIZE THE CHAIR
TO SIGN.
39. Neal Road Landfill Company - approval is requested for an
agreement with the Neal Road Landfill Company for operation
of the refuse compactor at the Neal Road Sanitary Landfill.
The term of the agreement is January 1, 2003, through
February 28, 2003, with a maximum amount payable of $34,608
(Neal Road Landfill Management Fund) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
40. TGV Solid Waste, Inc. - approval is requested for an
agreement with TGV Solid Waste, Inc., for the provision of
professional solid waste management services in support of
Butte County's operation of the Neal Road Sanitary Landfill.
The term of the agreement is February 11, 2003, through
February 13, 2004, with a maximum amount payable of $88,900
(Neal Road Landfill budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 10 FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
03-036 41. Oaklawn Avenue Reconstruction Project - County Project No.
54201-98-1 - Contract Change Order (CCO) No. 3 - CCO No. 3,
in the decreasing amount of $13,136.44, provides for the
extra work needed to modify an existing storm drain manhole
and reroute a sewer lateral, and to balance the project costs
after project completion - action requested - APPROVE CCO
NO. 3 AND AUTHORIZE THE CHAIR TO SIGN.
42. Oaklawn Avenue Reconstruction Project - County Project No.
54201-98-1 - Notice of Completion - Oaklawn Avenue from
Bidwell Avenue to the Chico City Limit Line - the project
consisted of the reconstruction of a two-lane roadway with
aggregate base and surfacing with asphalt concrete, and the
installation of drainage facilities and concrete curbs,
gutters and sidewalks. All contract work has been
completed - action requested - ACCEPT CONTRACT WORK; APPROVE
NOTICE OF COMPLETION AND AUTHORIZE THE CHAIR TO SIGN; AND
DIRECT RECORDING OF THE NOTICE OF COMPLETION.
43. Transfer of Funds - approval is requested to transfer $5,000
from the Drug and Gang Activity Education Fund to the
Sheriff's Office budget for the purchase of crime prevention
merchandise which will be distributed to school-aged
children - action requested - APPROVE BUDGET TRANSFER B-264
(4/5 vote required).
44. Mentally Ill Offender Crime Reduction (MIOCR)/Forensic
Resource Team (FOREST) Grant Modifications - approval is
requested for budget adjustments to MIOCR/FOREST Grant
project budgets as a result of a reduced grant award. The
Sheriff has received a contract amendment from the State
Board of Corrections which reduces the award by 37 0 ( $109, 747
for the second year of the grant). The program budget has
been adjusted to include the reduction and to allow funding
for the three years of the grant program while still
accomplishing the primary grant goals - action requested -
APPROVE BUDGET TRANSFER B-269 (4/5 vote required) MAKING
BUDGET ADJUSTMENTS AS DETAILED IN THE AGENDA REPORT; AND
RATIFY SHERIFF'S SIGNATURE ON STATE GRANT AWARD AGREEMENT
AMENDMENT.
45. State Fair Booth 2003 - the Treasurer-Tax Collector
Department has coordinated the County's exhibit at the
California State Fair for the past four years and Board
approval is requested to authorize and appoint the Department
as official representative for 2003 - action requested -
APPOINT THE TREASURER-TAX COLLECTOR DEPARTMENT AS THE
COUNTY'S OFFICIAL REPRESENTATIVE TO THE CALIFORNIA STATE FAIR
AND AUTHORIZE THE CHAIR TO SIGN EXHIBIT ENTRY FORM.
PacE ll FEBRUARY ll, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
03-036
MOTION:
VOTE
MINUTES-FEBRUARY 11, 2003
46. Law Library Fees - approval is requested by the Butte County
Board of Law Library Trustees to ratify the action taken by
its Board on December 17, 2002, to increase the Law Library
Fee by $3.00 for the purpose of funding a construction and/or
relocation fund to create a Chico Branch of the Law Library
or to relocate the existing collection - action requested -
ACCEPT RECOMMENDATION OF THE BUTTE COUNTY BOARD OF LAW
LIBRARY TRUSTEES AND DIRECT A LAW LIBRARY FEE INCREASE
ORDINANCE BE PREPARED AND RETURNED TO THE BOARD FOR
CONSIDERATION.
47. Request for Approval to Sell Historic Building and Lease
Property upon Which it is Situated - Board approval is
requested by the Golden Feather School District to approve
the sale of the historic Messilla Valley Schoolhouse, and
lease of the property upon which it is situated, to the
Yankee Hill Historical Society. The Historical Society will
renovate, restore and maintain the site. Pursuant to
Education Code Section 17482, the sale and lease require
approval by the Board of Supervisors. The attorney for the
Golden Feather School District has supplied a letter
providing the necessary information for the Board to make the
required findings to approve the sale and lease - action
requested - SUBJECT TO THE FOLLOWING FINDINGS, APPROVE THE
SALE OF THE BUILDING AND LEASE OF THE PROPERTY UPON WHICH IT
IS SITUATED: 1) THAT THE SALE AND LEASE IS TO BE MADE TO
AN INCORPORATED NONPROFIT TAX-EXEMPT COMMUNITY OR CIVIC
ORGANIZATION WITH A MEMBERSHIP COMPRISED PREDOMINANTLY OF
PERSONS RESIDING IN THE COMMUNITY IN WHICH THE BUILDING AND
SITE ARE SITUATED (THE YANKEE HILL HISTORICAL SOCIETY); 2)
THAT THE BUILDING IS NOT SUITABLE FOR SCHOOL PURPOSES; 3)
THAT THE BUILDING HAS AN HISTORIC VALUE AND ITS PRESERVATION
AND UTILIZATION FOR THE BENEFIT OF THE COMMUNITY WILL BEST
BE ENSURED BY THE SALE AND LEASE TO THE YANKEE HILL
HISTORICAL SOCIETY; 4) THAT THE SALE AND LEASE ARE TO BE
EXECUTED AT A FAIR MARKET VALUE; AND 5) THAT ADEQUATE
PROVISIONS HAVE BEEN MADE IN CONNECTION WITH THE LEASE
TRANSACTION TO PROTECT THE DISTRICT AGAINST ALL CIVIL
LIABILITIES WHICH MIGHT ARISE IN CONNECTION WITH ANY USE OF
THE BUILDING AND SITE.
48. Approval of Tax Exchange Agreement - Lake Oroville Area
Public Utility District - the Local Agency Formation
Commission (LAFCo) has received an application for annexation
to the Lake Oroville Area Public Utility District (LOAPUD).
Pursuant to Revenue and Taxation Code Section 99-99.2, LAFCo
submits a Property Tax Exchange Agreement between LOAPUD and
the County. The District's Board of Directors has certified
by resolution that the change in organization will be revenue
neutral to each affected agency - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (173)
I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS
3.02 AND 3.33 (AS AMENDED).
M S
1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PAGE 12
FEBRUARY ll,2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES-FEBRUARY 11, 2003
REGULAR AGENDA
03-037 Report to the Board - report on the fire and evacuation resulting
from a propane tanker explosion in south Chico on Sunday,
February 2, 2003 - action requested - ACCEPT FOR INFORMATION.
PRESENTATION TO THE BOARD BY BILL SAGER, FIRE CHIEF, AND JOHN
HAWKINS, DIVISION CHIEF.
03-038 Appointments to Boards, Commissions and Committees. (609)
1. Appointments to Listed Vacancies.
MOTION: I MOVE TO REAPPOINT GENE MCFARREN, BUTTE COUNTY HOUSING AUTHORITY
BOARD; BERNARD FLYNN, BUTTE COUNTY RESOURCE CONSERVATION DISTRICT
BOARD; LUCILLE BOCKS, COUNTY COMMISSION ON AGING; JANE DOLAN,
ECONOMIC DEVELOPMENT CORPORATION BOARD; STEVE CARSON, BUTTE COUNTY
FISH AND GAME COMMISSION; NINA LAMBERT, BUTTE COUNTY PLANNING
COMMISSION; AND BARBARA VLAMIS, SURFACE MINING AGGREGATE
OPERATIONS COMMITTEE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPOINT, AS DISTRICT 2 REPRESENTATIVES, DICK CASSADY,
BUTTE COUNTY FAIR BOARD, AND JOHN GARCON, BUTTE COUNTY WATER
COMMISSION.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPOINT JOHN ANDERSON, DISTRICT 2 REPRESENTATIVE, TO THE
FACILITIES MASTER PLAN CITIZEND ADVISORY COMMITTEE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPOINT RICK D'ORAZI AND RAY HARRINGTON, DISTRICT 5
REPRESENTATIVES, TO THE FACILITIES MASTER PLAN STEERING COMMITTEE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Disband Committee - the Public Works Department has informed
the Clerk of the Board that the Chico Joint Powers Agreement
Solid Waste Committee is no longer an active committee and
as a result the Board can disband the Task Force
subcommittee - action requested - DISBAND THE CHICO JOINT
POWERS AGREEMENT TASK FORCE.
MOTION: I MOVE TO DISBAND THE CHICO JOINT POWERS AGREEMENT TASK FORCE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PAGE 13
FEBRUARY ll,2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
03-038 3. Board Members' Boards, Commissions and Committees
Assignments - action requested - MAKE APPOINTMENTS AS
NECESSARY.
MOTION: I MOVE TO CONFIRM ALL THE APPOINTMENTS AS CONTAINED IN THE
SUBMITTED REPORT, WITH THE EXCEPTION OF SUPERVISOR BEELER'S
APPOINTMENT AS LAFCO APPOINTEE. THAT APPOINTMENT IS ALTERED TO
APPOINT SUPERVISOR YAMAGUCHI AS THE APPOINTEE AND SUPERVISOR
BEELER AS ALTERNATE. THE VACANCIES CONTAINED IN THE LISTING ARE
TO BE FILLED WITH THE SUPERVISOR WHO PREVIOUSLY HELD THE POSITION.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-039 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (831) PAUL MCINTOSH, CHIEF
ADMINISTRATIVE OFFICER, PROVIDED THE BOARD WITH AN UPDATE ON THE
STATE BUDGET PROCESS, NEGOTIATIONS REGARDING COMPACT ISSUES WITH
LOCAL INDIAN TRIBES, AND THE REALIGNMENT SHIFT PROPOSALS. THE
BOARD WAS ALSO INFORMED THAT THE WORKSHOP WITH THE BOARD AND
DEPARTMENT HEADS HAS BEEN SET FOR MARCH 26, 2003.
03-040 True Love Waits Campaign - Report to the Board - update on the
True Love Waits Campaign - action requested - ACCEPT FOR
INFORMATION.
UPDATE TO THE BOARD ON THE SUCCESS OF THE TRUE LOVE WAITS CAMPAIGN
BY TERE LAWRENCE, ALONG WITH STUDENT REPRESENTATIVES JAYMES
LACKEY, ERIN DEVOLL, NICOLE CHOUINARD, GINA GUTIERREZ, ALEX
SIMPSON, NATHAN GIORDANO AND ASIA SLATON.
RECESS: 10:03 A.M.
RECONVENE: 10:12 A.M.
PUBLIC HEARINGS AND TIMED ITEMS
03-041 Continued Public Hearing - Larry Bradley - Tentative Parcel Map -
consideration of an appeal of the Development Review Committee's
denial of a Tentative Parcel Map to divide a 34.6 acre parcel into
three parcels of 10.3, 10.6 and 13.6 +/- acres on property zoned
A-10 (Agricultural - 10 acre parcels). This is a project on which
notice of intent to adopt a negative declaration with mitigation
measures regarding environmental impacts has been given. The
property is located on the northwest corner of Durham-Dayton
Highway and Esquon Road, Durham, and identified as APN 040-150-112
(CS [TPM 02-23]) - action requested - STAFF RECOMMENDS THE BOARD
TAKE ONE OF THE FOLLOWING TWO ACTIONS:
1. SHOULD THE BOARD, AFTER CONSIDERING ALL EVIDENCE AND
TESTIMONY, DECIDE TO DENY THE APPEAL AND THE PROJECT, THE
FOLLOWING ACTION SHOULD BE TAKEN:
PAGE 14 FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
03-041 1. A. SUBJECT TO FINDING I(A) AS DETAILED IN THE STAFF REPORT
DATED OCTOBER 8, 2002, DENY THE REQUEST FOR A TENTATIVE
PARCEL MAP FOR LARRY BRADLEY, APPLICATION TPM 02-23; OR
2. SHOULD THE BOARD FIND THAT THE PROJECT IS CONSISTENT WITH THE
BUTTE COUNTY GENERAL PLAN, THE FOLLOWING ACTIONS SHOULD BE
TAKEN:
A. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF
REPORT DATED OCTOBER 8, 2002, ADOPT A MITIGATED
NEGATIVE DECLARATION;
B. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE
MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT
TO FISH AND GAME CODE SECTION 711.4(d) AND 14 CCR
753.5, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY
SPECIES IDENTIFIED AS CANDIDATE, SENSITIVE, OR SPECIAL
STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR
REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH
AND GAME OR THE UNITED STATES WILDLIFE SERVICE. THE
PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON
ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT
ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION
404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY
WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY
FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL
POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES
OR CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT
CONSERVATION PLAN; AND
C. SUBJECT TO FINDINGS III(A-F) AS DETAILED IN THE
STAFF REPORT DATED OCTOBER 8, 2002, AND THE CONDITIONS
OF APPROVAL IDENTIFIED AS EXHIBIT "A" IN THE STAFF
REPORT DATED OCTOBER 8, 2002, APPROVE TENTATIVE
SUBDIVISION MAP 02-23 FOR LARRY BRADLEY. (FROM 1-28-03
[5.01] ) (1958)
PUBLIC HEARING RECONVENED AT 10:12 A.M. AND CONTINUED OPEN TO
AUGUST 10, 2004, TO ALLOW THE COUNTY'S GENERAL PLAN PROCESS TO BE
COMPLETED PRIOR TO CONSIDERATION OF THIS MATTER.
PAGE 15 FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
REGULAR AGENDA
03-042 Butte County Micro-enterprise Incubation Program and Business
Assistance Loan Program - Notice of Grant Award - the County, in
conjunction with Tri-County Economic Development Corporation, has
received notification of a $290,875 grant award from the State of
California, Department of Housing and Community Development, for
funds to support the creation of the Butte County Business
Incubator Program and to provide assistance to small businesses.
The Butte County Department of Employment and Social Services will
also contribute $60,000 of CalWORKs Performance Incentive Funds
for job creation activities within the program - action
requested - APPROVE BUDGET TRANSFER B-257 (4/5 vote required)
ACCEPTING AND APPROPRIATING $60,000 IN CALWORKS PERFORMANCE
INCENTIVE FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE
AMENDMENT TO SUBRECIPIENT AGREEMENT WITH TRI-COUNTY ECONOMIC
DEVELOPMENT CORPORATION AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (2005)
ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR
ACTION. ITEM IS TO RETURN ON THE AGENDA OF FEBRUARY 25, 2003.
03-043 An Ordinance Amending Chapter 31 of the Butte County Code,
Entitled "Solid Waste Collection, Management, and Recycling", and
Amending Sections 26-12 and 26-12.1 of Chapter 26 of the Butte
County Code, Entitled "Buildings" - consideration of an ordinance
which will amend the Code to reflect the County's need to better
control the manner in which waste services are provided to County
residents and to direct the flow of waste to County designated
facilities - action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (PUBLIC WORKS [FROM 1-28-03/4.05]) (2012)
MOTION: I MOVE TO ADOPT ORDINANCE 3844 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-044 National Pollutant Discharge Elimination System (NPDES) Phase II -
Draft of Butte County's Storm Water Management Program -
consideration of the draft storm water management program to be
submitted to the State Water Resources Control Board - action
requested - BOARD REVIEW, COMMENTS AND STAFF DIRECTION ON DRAFT AS
NEEDED. (2057)
PAGE 16 FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
03-044 BOARD DIRECTION THAT WATER QUANTITY BE ADDED TO OUR BEST
MANAGEMENT PRACTICES, THAT THE LEACH SYSTEMS USED IN DEVELOPMENT
AREAS, THAT ARE ATTACHED TO MAINTENANCE DISTRICT OR COUNTY SERVICE
AREAS AND PROVIDE FOR NO DISCHARGE INTO CREEKS, BE CHANGED FROM
BEING REFERENCED AS UNUSUAL OR NON-TRADITIONAL TO BEING REFERENCED
AS USUAL OR TRADITIONAL IN OUR BEST MANAGEMENT PRACTICES, THAT
STAFF PROVIDE A COST ANALYSIS OF HOW MUCH THE PERMIT PROCESS IS
GOING TO COST CITIZENS, AND WHAT THE COST SHARE PROPOSAL WITH THE
CITY OF CHICO IS GOING TO BE, AND FOR STAFF TO INCLUDE WITH THE
APPLICATION A REQUEST TO EXCLUDE FROM THE PROGRAM THE DURHAM AREA,
THE AREA WEST OF THE GREEN LINE, THE AREA NORTH OF CHICO THAT IS
PLANNED TO BE DEVELOPED (UP TO THE ROCK CREEK BOUNDARY), THE AREA
TO THE EAST TO INCLUDE ALL THE CITY OF CHICO AREA, AND SOME OTHER
AREAS WHERE WE ALREADY HAVE DEVELOPMENT. STAFF IS ALSO TO UTILIZE
OUR LEGISLATORS AS NEEDED TO HELP ENCOURAGE THE ACCEPTANCE OF THE
MAP AREA AS DEFINED BY THE COUNTY.
PUBLIC HEARING AND TIMED ITEMS
03-045 Continued Public Hearing - Use Permit Appeal - Ed Becker -
consideration of an appeal of the Planning Commission's denial of
a Use Permit to remove development restrictions imposed by Use
Permit 83-42 on the remaining property of a Homesite Segregation
on property zoned A-10 (Agricultural - 10 acre parcels). The
property is located on the south side of East Gridley Road,
approximately 1,100 feet west of Larkin Road, in the Gridley area
and identified as APN 024-040-054 (CBS [UP 02-19]) - action
requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTION:
1. SUBJECT TO FINDINGS I(A AND B [1-3]) AS DETAILED IN THE STAFF
REPORT DATED NOVEMBER 12, 2002, DENY THE REQUEST FOR A USE
PERMIT TO REMOVE DEVELOPMENT RESTRICTIONS IMPOSED BY USE
PERMIT 83-42 ON THE REMAINING PROPERTY OF A HOMESITE
SEGREGATION. (FROM 12-10-02 [5.04]) (4676) (**00)
PUBLIC HEARING RECONVENED AT 11:06 A.M. AND CONTINUED OPEN, AT THE
REQUEST OF THE APPLICANT, TO APRIL 22, 2003, AT 10:30 A.M.
03-046 Public Hearing - Ordinance Amending Flood Hazard Prevention and
Special Permit Zone II Levee and Building Regulations in Chapter
26 of the Butte County Code Regarding Conversion or Restoration of
Land for Conservation Purposes - consideration of an ordinance
intended to regulate specified activities for the purpose of
protecting people and property from flood hazards and protecting
man-made conditions on farmland within the unincorporated area of
Butte County which is adjacent to land upon which a conversion to
natural habitat is proposed - action requested - WAIVE READING OF
THE ORDINANCE. (**56)
PUBLIC HEARING OPENED: 11:12 A.M.
PUBLIC HEARING CLOSED: 11:20 A.M.
PAGE 17 FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
03-046 THE BOARD DID NOT TAKE ACTION ON THIS MATTER. THE ITEM IS TO
RETURN TO THE BOARD IN CONJUNCTION WITH AN ADDITIONAL ORDINANCE ON
A RELATED TOPIC THAT IS CURRENTLY BEFORE THE PLANNING COMMISSION.
REGULAR AGENDA
03-047 Lake Oroville Relicensing - Report to the Board - presentation to
the Board of the Federal Energy Regulatory Commission's (FERC)
Relicensing Team's revised Protection, Mitigation and Enhancement
measures - action requested - BOARD DISCUSSION AND DIRECTION.
(**378)
PRESENTATION TO THE BOARD OF THE RELICENSING TEAM'S ACTIVITIES BY
BRUCE ALPERT, COUNTY COUNSEL.
03-048 Lake Oroville Joint Powers Authority Agreement - Amendment - the
City of Oroville is requesting the Board approve an amendment to
the Lake Oroville Joint Powers Authority Agreement that will: 1)
extend the agreement to December 31, 2008; 2) add seeking and
accepting grants, and planning and implementing projects and
programs in the greater Oroville area to the Authority's scope of
objectives and activities; and 3) establish a standing committee
which will meet with members of the local Native American Tribal
Community concerning the activities, projects and programs of the
Lake Oroville Joint Powers Authority - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL. (2181)
MOTION: I MOVE TO APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CLOSED SESSION
03-049 RECESS: THE BOARD RECESSED AT 12:20 P.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.3(c) ONE POTENTIAL CASE.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT
TO GOVERNMENT CODE SECTION 54957: DIRECTOR-PUBLIC
WORKS, AND CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
AGENCY REPRESENTATIVES: JEANNE GRAVETTE.
EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY
MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT AND
SUPERVISORY UNIT); DEPUTY SHERIFF'S ASSOCIATION
(GENERAL UNIT AND MANAGEMENT AND SUPERVISORY
UNIT); BUTTE COUNTY CORRECTIONAL OFFICERS'
ASSOCIATION (GENERAL UNIT AND MANAGEMENT AND
SUPERVISORY UNIT); PROFESSIONAL EMPLOYEES UNIT;
SOCIAL SERVICES WORKERS UNIT; AND PROBATION PEACE
OFFICERS' ASSOCIATION. (**2341)
PAGE 18 FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES-FEBRUARY 11, 2003
THE BOARD RECESSED AT 12:20 P.M. AS THE BUTTE COUNTY BOARD OF
SUPERVISORS AND CONVENED AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC
AUTHORITY BOARD FOR THE PURPOSE OF RECESSING TO CLOSED SESSION IN
CONJUNCTION WITH THE BOARD OF SUPERVISORS.
BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
MINUTES - FEBRUARY 11. 2003
Called to Order at 12:20 p.m. in the Board of Supervisors Room, 25
County Center Drive, Oroville. Board members present: Dolan,
Houx, Josiassen, Yamaguchi and Chair Beeler. Also present: Marion
Reeves, Deputy Clerk.
03-004 CLOSED SESSION
RECESS: THE BOARD RECESSED AT 12:20 P.M. TO A CLOSED
SESSION CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
AGENCY REPRESENTATIVES: CRAIG DORY AND JEANNE
GRAVETTE. EMPLOYEE ORGANIZATION: UNITED
DOMESTIC WORKERS OF AMERICA.
RECONVENED:
03-005
MOTION:
VOTE:
03-006
Tr.nwrr.r rmnwwc
THE BOARD RECONVENED AT 1:49 P.M. FROM A CLOSED
SESSION CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
AGENCY REPRESENTATIVES: CRAIG DORY AND JEANNE
GRAVETTE. EMPLOYEE ORGANIZATION: UNITED
DOMESTIC WORKERS OF AMERICA. (**2469) (NO
ANNOUNCEMENTS)
1. RTZ Associates - consideration of an agreement with RTZ
Associates for user licenses for the HOMCare software that
will be used to manage the In-Home Supportive Services
Registry. The term of the agreement is December 1, 2002,
through June 30, 2004, with a maximum amount payable of
$10,899.56 (Authority budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X13957) (**2470)
I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
M S
1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PUBLIC COM[ IENT ( * * 2 5 3 0 )
1. Ann Sutherland, United Domestic Workers, addressed the Board
to compliment it on the software contract and to discuss the
low wages of in-home supportive services workers and to
request a higher, livable wage for the workers.
PAGE 19
FEBRUARY ll,2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
03-006 2. Barbara Hoff, United Domestic Workers, addressed the Board
to discuss the low wages of in-home supportive services
workers and to request a higher, livable wage for the
workers.
3. Molly Hillis, United Domestic Workers, addressed the Board
to request higher salaries for in-home supportive services
workers.
ADJOURNMENT
Adjourned at 2:06 p.m. as the Butte County In-Home Supportive
Services Public Authority Board and Reconvened as the Butte County
Board of Supervisors.
BUTTE COUNTY BOARD OF SUPERVISORS
CONTINUED MINUTES
03-049 RECONVENED: THE BOARD RECONVENED AT 2:06 P.M. FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.3(c) ONE POTENTIAL CASE.
PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT
TO GOVERNMENT CODE SECTION 54957: DIRECTOR-PUBLIC
WORKS, AND CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
AGENCY REPRESENTATIVES: JEANNE GRAVETTE.
EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY
MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT AND
SUPERVISORY UNIT); DEPUTY SHERIFF'S ASSOCIATION
(GENERAL UNIT AND MANAGEMENT AND SUPERVISORY
UNIT); BUTTE COUNTY CORRECTIONAL OFFICERS'
ASSOCIATION (GENERAL UNIT AND MANAGEMENT AND
SUPERVISORY UNIT); PROFESSIONAL EMPLOYEES UNIT;
SOCIAL SERVICES WORKERS UNIT; AND PROBATION PEACE
OFFICERS' ASSOCIATION. (**3166) (NO
ANNOUNCEMENTS)
PAGE 20 FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
REGULAR AGENDA
03-050 A Matter on Which a Public Hearing Has Been Held and a Motion of
Intent Adopted - Webb Homes/Richard and Janice Fiore Trust -
Mitigated Negative Declaration and Tentative Subdivision Map - the
hearing consisted of an appeal of the approval of a Mitigated
Negative Declaration and Tentative Subdivision Map to divide two
parcels totaling 4.92 acres into 16 parcels ranging in size from
8,346 to 12,350 square feet (0.19 - 0.28 acres) with an average
lot size of 10,106 square feet. The property is zoned S-R
(Suburban Residential) and is located between West 11th Avenue and
West 12th Avenue, approximately 200 feet east of Fern Avenue in
Chico, and identified as APN 043-040-080 and 043-040-097. On
October 8, 2002, the Board adopted a motion of intent to deny the
appeal and approve the Subdivision Map pending revisions - action
requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. CONSIDER OPTIONS 1, 2, OR 3, OR A COMBINATION THEREOF, WITH
REGARD TO TREE RETENTION WITHIN THE SUBDIVISION, AS DETAILED
IN THE STAFF REPORT DATED FEBRUARY 11, 2003, AND, IF
APPROPRIATE, DIRECT THE INCORPORATION OF THE OPTION OR
COMBINATION OF OPTIONS SELECTED INTO THE CONDITIONS OF
APPROVAL;
2. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF REPORT
DATED FEBRUARY 11, 2003, ADOPT A MITIGATED NEGATIVE
DECLARATION;
3. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS
WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH OR WILDLIFE OR
THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE
COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4(d) AND 14 CCR 753.5 AS THE PROJECT SITE IS NOT KNOWN
TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE, SENSITIVE,
OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS,
POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF
FISH AND GAME OR THE UNITED STATES FISH AND WILDLIFE SERVICE.
THE PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON
ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON
FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE
CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT
OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES;
CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING
BIOLOGICAL RESOURCES, OR CONFLICT WITH THE PROVISIONS OF AN
ADOPTED HABITAT CONSERVATION PLAN; AND
4. SUBJECT TO FINDINGS III(A-K) AS DETAILED IN THE STAFF REPORT
DATED FEBRUARY 11, 2003, AND THE CONDITIONS OF APPROVAL AS
DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED
FEBRUARY 11, 2003, DENY THE APPEAL AND APPROVE TENTATIVE
SUBDIVISION MAP 00-01 FOR WEBB HOMES, APN 043-040-080 AND
043-040-097. (FROM 12-10-02 [4.04]) (**3179) (***00)
THIS ITEM CONTINUED TO FEBRUARY 25, 2003, TO ALLOW DISCLOSURE OF
EX PARTE COMMUNICATIONS TO ALL BOARD MEMBERS.
PAGE 21 FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES-FEBRUARY 11, 2003
03-051 Proposition 13 Flood Protection Corridor Program - consideration
of a grant application for funding under Proposition 13 for the
protection, creation and enhancement of flood protection corridors
of three sites on Rock Creek easterly of Highway 99 - action
requested - APPROVE GRANT APPLICATION AND AUTHORIZE THE CHAIR TO
SIGN. (***282)
MOTION: I MOVE TO APPROVE THE GRANT APPLICATION AND AUTHORIZE THE CHAIR TO
SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-052 Items Removed from the Consent Agenda for Board Consideration and
Action. (***368)
1. Change in Ownership Penalty - approval is requested for a
resolution which will delegate authority provided by Revenue
and Taxation Code Section 483(c) to abate penalties for
failure to file a change of ownership statement from the
Board to the Assessor - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION 03-030 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Introduction of an Ordinance of the County of Butte Repealing
Chapter 46 of the Butte County Code Concerning Purchasing and
Replacing it with a New Chapter 46 Concerning Purchasing,
approval is requested for an ordinance which will amend the
County's purchasing ordinance.
. The purchasing ordinance
amendment provides for "clean up" language for previous
sections of the ordinance requiring correction and/or
clarification and implements processes that are designed to
achieve enhanced control over contracts.
- action requested - WAIVE READING OF THE
ORDINANCE.
MOTION: I MOVE TO WAIVE THE READING OF THE ORDINANCE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Recessed at 3:02 p.m. as the Butte County Board of Supervisors and
convened as the Butte County Public Facilities Financing
Corporation Board of Directors.
PAGE 22 FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
BUTTE COUNTY PUBLIC FACILITIES FINANCING CORPORATION
MINUTES
FEBRUARY 11 , 2003
Called to Order at 3:02 p.m. in the Board of Supervisors Room, 25
County Center Drive, Oroville. Board members present: Beeler,
Dolan, Houx, Josiassen, and Yamaguchi. Also present: Deputy Clerk
Marion Reeves.
03-001 Approval of Minutes - action requested - APPROVE MINUTES OF
FEBRUARY 12, 2002. (***823)
MOTION: I MOVE TO APPROVE THE MINUTES OF FEBRUARY 12, 2002.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-002 Appointment of New Officers - action requested - APPOINT NEW
OFFICES AS FOLLOWS: PRESIDENT - CHAIR BEELER; VICE PRESIDENT -
SUPERVISOR JOSIASSEN; SECRETARY/TREASURER - DICK PUELICHER; AND
LESSEE REPRESENTATIVE - KAREN WHITE. (***831)
MOTION: I MOVE TO APPOINT THE NEW OFFICERS AS FOLLOWS: PRESIDENT - CHAIR
BEELER; VICE PRESIDENT - SUPERVISOR JOSIASSEN;
SECRETARY/TREASURER - DICK PUELICHER; AND LESSEE REPRESENTATIVE -
KAREN WHITE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-003 Treasurer's Report - Exploration of Possible Refunding of
Certificates of Participation - action requested - ACCEPT FOR
INFORMATION. (***839)
PRESENTATION TO THE BOARD BY KAREN WHITE, ASSISTANT TREASURER AND
LESSEE REPRESENTATIVE.
03-004 Public Comment. (***972) (NONE)
03-005 Other Business. (*** 979) (NONE)
Adjourned at 3:07 p.m. as the Butte County Public Facilities
Financing Corporation Board of Directors and reconvened as the
Butte County Board of Supervisors.
PAGE 23 FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS CONTINUED AGENDA
PUBLIC COM[IENT
03-053 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. (***993)
1. Robert Hobden addressed the Board to request the Board's
support for the effort to save the California Conservancy
Corps at the Butte Fire Center.
2. Charles B. Glass, Jr., addressed the Board regarding the
closure of the California Conservancy Corps camp at the Butte
Fire Center, informed the Board of the number of signatures
their group has gathered in support of retaining the camp,
and requested the Board's help in support of their efforts.
THE CHIEF ADMINISTRATIVE OFFICER INFORMED THE BOARD THAT THE
COUNTY LOBBYIST IS WORKING ON THIS MATTER, AND THE CHIEF
ADMINISTRATIVE OFFICER WILL PREPARE A LIST OF THE PERTINENT
CONTACTS IN THE LEGISLATURE FOR THE GROUP TO TARGET.
3. Darryl Wilson addressed the Board regarding preventing the
closure of the California Conservancy Corps at the Butte Fire
Center.
4. Brenda Wrightmeyer addressed the Board regarding preventing
the closure of the California Conservancy Corps at the Butte
Fire Center.
5. Ruth Moyer addressed the Board to let them know that a group
of citizens are going to Sacramento to talk to members of the
legislature about the closure of the California Conservancy
Corps at the Butte Fire Center.
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 3:28 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, FEBRUARY 25, 2003, AT 9:00 A.M.
R.J. Beeler, Chair
ATTEST:
Paul McIntosh, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
PAGE 24
FEBRUARY ll,2003