HomeMy WebLinkAboutM022503BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003
Called to Order at 9:03 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 - Pastor James Patterson, Community United Methodist
Church, Durham.
CORRECTIONS AND~OR CHANGES TO THE AGENDA. (75)(NONE)
CONSENT AGENDA
03-054 1. Mid-year Budget Request - approval is requested for budget
adjustments in response to an updated allocation letter
received from the State Department of Alcohol and Drug
Programs and changes in Federal HIV funds - action
requested - APPROVE BUDGET TRANSFER B-306 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AND
PROVIDING BUDGET ADJUSTMENTS AS DETAILED IN THE AGENDA
REPORT .
2. Employment Agreement Amendment - Director-Public Works -
approval is requested for an amendment to the employment
agreement with J. Michael Crump, Director-Public Works. The
amendment revises Article 1, Section 1.02 and Article 6,
Section 6.02, modifying the number of days required for
notification of non-renewal of contract or termination to 90
days. All other terms and provisions remain the same -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN.
3. Approval of Minutes - action requested - APPROVE MINUTES OF
JANUARY 28, 2003, AND FEBRUARY 11, 2003.
4. Oroville Cemetery District - the District has submitted
recommendations for the current vacancies - action
requested - REAPPOINT CORDON ANDOE AND STEVE HERR, TRUSTEES,
TO TERMS TO END JANUARY 1, 2007.
5. Approval to Purchase Fixed Asset - Microprinter - approval
is requested for the fixed asset purchase of a microprinter
(microfiche reader-printer) in the estimated amount of
$13,500. The purchase will replace an outdated model that
is in disrepair. Funding for the purchase is available from
the Micrographics Trust Fund and Board approval is also
requested for a budget transfer to provide for the purchase -
action requested - APPROVE BUDGET TRANSFER B-297 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED TRUST
FUND REVENUE; AND APPROVE FIXED ASSET PURCHASE OF
MICROPRINTER IN THE ESTIMATED AMOUNT OF $13,500.
MINUTES
PacE 1 FEBRUARY 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003
03-054 6. Development Review Committee - on January 23, 2003, the Butte
County Planning Commission unanimously voted to recommend the
Board appoint Commissioners Lambert and Leland to the
Development Review Committee for 2003 - action requested -
APPOINT COMMISSIONERS LAMBERT AND LELAND TO THE DEVELOPMENT
REVIEW COMMITTEE FOR 2003.
7. California District Attorneys Association - Environmental
Crimes Program - approval is requested to accept and
appropriate $166,000 in grant funds from the California
District Attorneys Association to support an Environmental
Crimes Program. $41,150 will be appropriated in fiscal year
2002-2003 and $124,850 will be appropriated in fiscal year
2003-2004. The funds will provide for one District Attorney
Senior Investigator position which will provide services to
the California District Attorney Association's Feather River
District Environmental Project. The District Attorney's
Office will provide in-kind services in the amount of
$32,164. Funding for the in-kind contribution will be
provided by the District Attorney Restricted-Environmental
and Consumer Protection Trust Fund - action requested -
ACCEPT GRANT; AND APPROVE BUDGET TRANSFER B-302 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUES
AS DETAILED IN THE AGENDA REPORT.
8. Vang Leng Mouanoutoua, Ph.D. - Prior Year Amendment -
approval is requested for a prior year amendment to the
agreement with Vang Leng Mouanoutoua, Ph.D., for the
provision of psychological evaluation services to Children's
Services clients. The amendment increases the maximum amount
payable by $2,095.90 (Child Welfare Services budget) for the
increased utilization of services. The vendor was authorized
to provide additional services late in the fiscal year and
a claim for services rendered was not received prior to the
end of the fiscal year. The department certifies that
services were rendered in accordance with the terms of the
agreement - action requested - APPROVE PRIOR YEAR AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE AUDITOR
TO PAY FOR SERVICES RENDERED IN FULL.
9. Intranet Project - approval is requested to purchase hardware
and software necessary to implement a department-wide
Intranet. Implementation of the Intranet will provide the
department with the capabilities for E-learning, on-line
policies and procedures, conferencing and immediate access
to the most current and accurate information. The department
is proposing to utilize $316,996 in unanticipated Federal
Temporary Assistance for Needy Families (TANF) Welfare
Performance Incentive Funds to fund the project and Board
approval is also requested for a budget transfer and fixed
asset purchases in support of the project - action
requested - APPROVE BUDGET TRANSFER B-300 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED FEDERAL TANF FUNDS
AS DETAILED IN THE AGENDA REPORT; AND APPROVE PURCHASE OF
FIXED ASSET ITEMS AS DETAILED IN THE AGENDA REPORT.
MINUTES
PacE 2 FEBRUARY 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
03-054
MINUTES
MINUTES-FEBRUARY 25, 2003
10. Approval to Purchase Fixed Asset - Identification Card
Production System - approval is requested to purchase an
identification card production system for County career and
volunteer firefighters. The cards will be used for
identification, security and accountability purposes. The
department is requesting a transfer of $15,000 of department
budget funds to provide for the purchase - action requested -
APPROVE BUDGET TRANSFER B-293; AND APPROVE FIXED ASSET
PURCHASE OF IDENTIFICATION CARD SYSTEM IN THE ESTIMATED
AMOUNT OF $15,000.
11. Budget Transfer for Station
requested to transfer a total of
from various line items to
maintenance accounts to provide
and special project expenses -
BUDGET TRANSFER B-305.
Maintenance - approval is
$40,008 of department funds
the department's station
for day to day maintenance
action requested - APPROVE
12. State Domestic Preparedness Grant - approval is requested to
accept and appropriate $109,212.06 in State Domestic
Preparedness Grant funds. The department is proposing to
utilize $24,131.25 for the purchase of an air respirator
system and two photo ionization detectors and Board approval
is also requested for the fixed asset purchase of those
items. The remaining funds will be utilized to purchase
hazardous materials equipment - action requested - APPROVE
BUDGET TRANSFER B-301 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED GRANT REVENUE AS DETAILED IN THE
AGENDA REPORT; AND APPROVE PURCHASE OF FIXED ASSET EQUIPMENT.
13. Adoption 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 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 - ADOPT ORDINANCE
3845 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-11-03 [3.33])
14. Resolution in Recognition of Donna Harlin Upon Retirement
from the County of Butte - action requested - ADOPT
RESOLUTION 03-031 AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 3
FEBRUARY 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003
03-054 15. Ratify Emergency Purchase and Appropriate Disaster Funds for
Additional Projects - approval is requested to ratify the
emergency fixed asset purchase of a CLEMARS radio repeater
in the amount of $9,103.97 to replace equipment that failed
and was deemed beyond economic repair. To fund the purchase
the department is requesting the Board approve a transfer of
$23,494.84 of residual Natural Resource Conservation Service
Emergency Watershed Protection Act funds. The balance of the
transferred funds will be utilized to cover the demolition
of a flood-damaged structure acquired by the County - action
requested - APPROVE BUDGET TRANSFER B-290 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE IN THE
AMOUNT OF $23,494.84 AS DETAILED IN THE AGENDA REPORT; AND
RATIFY EMERGENCY PURCHASE OF A FIXED ASSET RADIO REPEATER.
16. Emergency Operations Planning Grant - the Office of Emergency
Services is eligible for a Federal Emergency Management
Agency grant that will provide $96,450 for the updating of
emergency operations plans, planning for exercises, and
limited staff training. The grant funds will be distributed
to the County, the City of Biggs, the City of Chico, the City
of Gridley, the City of Oroville and the Town of Paradise -
action requested - APPROVE GRANT ASSURANCES AND AUTHORIZE THE
CHAIR TO SIGN; ADOPT RESOLUTION 03-032 AUTHORIZING THE
EMERGENCY SERVICES OFFICER TO EXECUTE DOCUMENTS IN SUPPORT
OF THE GRANT; AND RECOGNIZE UNANTICIPATED REVENUE AND
ALLOCATION OF FUNDS SUBJECT TO NOTIFICATION OF GRANT AWARD.
17. Superior Court of California, County of Butte - approval is
requested for a Memorandum of Understanding with the Superior
Court of California, County of Butte, which specifies the
responsibilities of the Court and the County during the
expansion of the courthouse. The agreement contains not to
exceed expenditure limits of $2,700,000 for the Court and
$115,000 (Court Construction Fund) for the County - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
18. Butte County Employees' Association - Supplemental Memorandum
of Understanding - approval is requested for a supplemental
Memorandum of Understanding with the Butte County Employees'
Association. The supplement contains the following major
provisions: 1) an increase in County contribution to employee
health premiums effective January 1, 2003; 2) a 2.5o Cost
of Living Adjustment effective September 28, 2002; and 3) a
reopening clause upon implementation of the Countywide
classification/compensation study - action requested -
APPROVE SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING AND
AUTHORIZE THE CHAIR TO SIGN.
MINUTES
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003
03-054 19. Managed Health Network - Amendment - approval is requested
for an amendment to the agreement with Managed Health Network
for the provision of the Butte County Employee Assistance
Program. The amendment will provide for the addition of the
five Butte County In-Home Supportive Services Public
Authority employees to the program, effective
November 1, 2002. The cost of the amendment will be $9.11
per eligible employee per month ($45.55 per month for five
employees/Public Authority budget). All other terms and
conditions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13882)
20. Resolution to Amend the Salary Ordinance - approval is
requested for a resolution which will amend the salary
ordinance as follows: ADMINISTRATIVE - deletes one flexibly
staffed position of Office Assistant III/II/I and adds one
flexibly staffed position of Administrative Services
Assistant/Principal Clerk/Office Assistant III/II/I.
DISTRICT ATTORNEY-CRIMINAL - adds one sunset position of
District Attorney Senior Investigator (ending date 6-30-04).
PUBLIC WORKS-CONSTRUCTION AND MAINTENANCE - deletes one
flexibly staffed position of Engineering Technician II, six
flexibly staffed positions of Road Maintenance Worker I/Road
Maintenance Aide, and thirteen flexibly staffed positions of
Road Maintenance Worker II/I. Adds one flexibly staffed
position of Engineering Technician III/II/I and nineteen
flexibly staffed positions of Road Maintenance Worker
II/I/Road Maintenance Aide. PUBLIC WORKS-SHOP AND STORES -
adds one flexibly staffed position of Heavy Equipment
Mechanic/Equipment Mechanic - action requested - ADOPT
RESOLUTION 03-033 AND AUTHORIZE THE CHAIR TO SIGN.
21. Correctional Officer-Lateral Transfers - approval is
requested to compensate Correctional Officers hired as
Lateral Transfers at step two of the salary range for
Correctional Officers in support of recruiting efforts for
Correctional Officers. The job specifications have been
updated to detail qualifications needed to be hired as a
Lateral Transfer - action requested - APPROVE COMPENSATION
OF CORRECTIONAL OFFICERS HIRED AS LATERAL TRANSFERS AT STEP
TWO OF THE SALARY RANGE FOR CORRECTIONAL OFFICERS.
22. Library Donations - pursuant to Government Code Section
25355, donations of $2,090 from the Chico Friends of the
Library, $1,000 from the Paradise Friends of the Library, and
$300 from the Fraternal Order of Eagles (Chico Chapter) have
been received for the Butte County Trust Fund for the
purchase of books - action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
MINUTES
PacE 5 FEBRUARY 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003
03-054 23. Unanticipated Grant Revenue - California State Library
Literacy Matching Grant - approval is requested to accept and
appropriate an additional $3,778 in California State Library
Literacy Matching Grant funds. The funds are utilized to
administer and support adult learner and tutor literacy
programs and activities. The department must have the funds
expended or encumbered by June 30, 2003 - action requested -
APPROVE BUDGET TRANSFER B-295 (4/5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED GRANT REVENUE AS DETAILED IN
THE AGENDA REPORT.
24. Library Advisory Board - the Director of Libraries submits
a recommendation for the vacancy on the Library Advisory
Board - action requested - APPOINT KATHRYN AZEVEDO.
25. Remodeling Project Costs and Fixed Asset Purchase - approval
is requested for a budget transfer of $120,984 from the
Juvenile Hall budget unit to the General Probation Services
budget unit to provide funds for unanticipated expenses
resulting from the remodel of 42 County Center Drive, and the
fixed asset purchase of a rolling file storage system.
Funding for the purchase of the fixed asset filing system was
included in the fiscal year 2001-2002 budget but was not
expended. The purchase of the filing system occurred in
fiscal year 2002-2003. The encumbrance for the purchase was
not carried forward from fiscal year 2001-2002 to fiscal year
2002-2003, and as a result, Board approval is also needed to
ratify the purchase of the filing system - action requested -
APPROVE BUDGET TRANSFER B-296 AS DETAILED IN THE AGENDA
REPORT; AND RATIFY SOLE SOURCE PURCHASE OF A FIXED ASSET
FILING SYSTEM IN THE AMOUNT OF $21,589.
26. County Service Area #135, Zone 1 - Keefer Creek Estates -
Budget Transfer - approval is requested to transfer $879 from
the Keefer Creek Estates, Zone 1, Designated Fund Balance to
the Interfund Services Fund to provide for the payment of
election costs for a special election held August 12, 2002 -
action requested - APPROVE BUDGET TRANSFER B-298 (4/5 vote
required).
27. Butte County Association of Governments - approval is
requested for a Memorandum of Understanding with the Butte
County Association of Governments which formally establishes
procedures for the coordination of transportation and
planning and programming of federal funds pursuant to federal
requirements - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PacE 6 FEBRUARY 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003
03-054 28. Pacific Municipal Consultants - Amendment - approval is
requested for an amendment to the agreement with Pacific
Municipal Consultants for the preparation of environmental
documentation in support of the Reconstruction of Oroville
Bangor Highway project. The amendment increases the maximum
amount payable by $7,000 (department budget) for additional
services required to complete a Wetlands Delineation and
Spring Botanical Study. 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.
X14001)
29. TEA 21 Reauthorization - Congressional Member's Request - as
part of the process to explore possible funding sources for
the Skyway Widening Project, Congressman Herger's Office has
forwarded information on the process for a United States
House of Representatives Member's Request for highway and
transit projects for the upcoming reauthorization of TEA 21.
Staff is requesting the Board authorize the department to
provide Congressman Herger with the information necessary to
complete the Transportation Project Evaluation Criteria
questionnaire for the first phase of the Skyway Widening
Project between South Park Drive and Coutolenc Road - action
requested - DIRECT THE DEPARTMENT OF PUBLIC WORKS TO ASSIST
CONGRESSMAN HERGER'S OFFICE IN COMPLETING THE QUESTIONNAIRE.
30. Setting of Public Hearing - Intent to Rename a Private Road -
the owners of the properties along Christopher J. Court have
submitted a petition to change the name of the road to Palm
Vista Lane. Board approval is requested for a resolution
setting a public hearing for consideration of the matter for
March 11, 2003, at 10:35 a.m. - action requested - ADOPT
RESOLUTION 03-034 SETTING PUBLIC HEARING FOR MARCH 11, 2003,
AT 10:35 A.M. AND AUTHORIZE THE CHAIR TO SIGN.
31. Emergency Purchase - Jail Cook Kettle - approval is requested
for the emergency fixed asset purchase of an 80-gallon
capacity gas kettle for the Incarceration Division's kitchen.
The current kettle is not operable and has been deemed beyond
economic repair. The kitchen serves over 500 meals a day and
has made emergency menu modifications to accommodate the loss
of the equipment, but replacement equipment is needed to
continue compliance with Title 15 regulations. As a result
of the immediate need for the equipment, the department is
requesting the Board approve an exception to the bidding
process pursuant to Section 46-14 of the County's Purchasing
Ordinance. The cost of a new kettle is $19,300, and approval
is also requested for a transfer from the General Fund
Appropriation for Contingencies to provide for the purchase -
action requested - AUTHORIZE THE EMERGENCY PURCHASE OF A
FIXED ASSET 80-GALLON TILTING GAS KETTLE FROM PRO/LINE
MARKETING PURSUANT TO SECTION 46-14 OF THE PURCHASING
ORDINANCE; AND APPROVE BUDGET TRANSFER B-308 (4/5 vote
required) ACCEPTING AND APPROPRIATING $19,300 FROM THE
GENERAL FUND APPROPRIATION FOR CONTINGENCIES.
MINUTES
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003
03-054 32. Monthly Investment Report - submitted is the Monthly
Investment Report for January 31, 2003, in accordance with
the Butte County Statement of Investment Policy dated
July 1, 2002 - action requested - ACCEPT FOR INFORMATION.
MOTION:
VOTE
33. Lime Saddle Trust Fund Extension - approval is requested to
extend the trust fund governing the exchange of property
taxes for the dissolution of the Lime Saddle Community
Services District until March 7, 2006, to allow for the trust
fund to be utilized during the construction of the two-mile
pipeline for the benefit of Lime Saddle residents - action
requested - ADOPT RESOLUTION 03-035 AND AUTHORIZE THE CHAIR
TO SIGN.
34. Cherokee Creek Water Quality Monitoring Program - approval
is requested to approve alterations to the appropriations
contained within the department's budget for the grant
agreements with CALFED and the State Water Resources Control
Board for water monitoring projects within the Cherokee
watershed. The net change in appropriations is an increase
of $5,000 - action requested - APPROVE BUDGET TRANSFER B-294
(4/5 vote required) ACCEPTING, APPROPRIATING AND ADJUSTING
REVENUES AS DETAILED IN THE AGENDA REPORT.
35. Resolution Designating the Friends of the Arts as the Local
Partner for the California Arts Council's State-Local
Partnership Program - the Friends of the Arts-Butte County
is requesting the Board adopt a resolution which will
designate the Friends of the Arts as the local partner for
the California Arts Council's State Local Partnership
Program. The designation will allow the Council to bring a
maximum $30,000 grant into the County for the purpose of
promoting the arts and culture - action requested - ADOPT
RESOLUTION 03-036 AND AUTHORIZE THE CHAIR TO SIGN. (77)
I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED WITH THE
NOTATION THAT SUPERVISOR HOUR IS ABSTAINING FROM THE APPROVAL OF
THE MINUTES OF JANUARY 28, 2003.
M S
1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PRESENTATION OF RESOLUTION BY CHAIR BEELER TO DONNA HARLIN UPON
HER RETIREMENT FROM THE COUNTY OF BUTTE.
REGULAR AGENDA
03-055 1. Appointments to Boards, Commissions and Committees. (204)
1. Appointments to Listed Vacancies. (NONE)
MINUTES PAGE 8 FEBRUARY 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES-FEBRUARY 25, 2003
03-056 Resolution Honoring Butte County Employees for Dedicated Years of
Service - presentation of awards to employees with 30, 35, and 40
years of service - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN; AND PRESENT AWARDS TO EMPLOYEES WITH
30, 35, AND 40 YEARS OF SERVICE. (214)
MOTION: I MOVE TO ADOPT RESOLUTION 03-037 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PRESENTATION OF RESOLUTIONS AND AWARDS TO MARY ANDES, GARTH LONG,
CHARLES CATT, REX HUFFMAN, ROBERT JONES, REGINA ELLENA, CHERYL
JONES, RONALD LORIMOR, KENNETH REIMERS, MARY VANGILDER, PERRY
RENIFF, GERALD HIGHTOWER, ARLETA CONVAY, AND LEROY SMITH.
RECESS: 9:18 A.M.
RECONVENE: 9:24 A.M.
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03-057 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (552)
1. Fiscal Year 2002-2003 Periodic Fiscal Status Report -
presentation of the Fiscal Year 2002-2003 Periodic Fiscal
Status Report, including a Countywide Status Report and
Department Status Reports, for the purpose of monitoring
financial matters at the mid-year point in the current budget
year - action requested - ACCEPT FOR INFORMATION.
PRESENTATION OF THE PERIODIC FISCAL STATUS REPORT TO THE BOARD BY
PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER.
03-058 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. (FROM 2-11-
03/4.05]) (1231)
MINUTES
PacE 9 FEBRUARY 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES-FEBRUARY 25, 2003
03-058 MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-257 ACCEPTING AND
APPROPRIATING $60,000 IN CALWORKS PERFORMANCE INCENTIVE
FUNDS AS DETAILED IN THE AGENDA REPORT AND APPROVE THE
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.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-059 National Pollutant Discharge Elimination System, Phase II - Storm
Water Management Program - consideration of the approval of the
County's Storm Water Management Program for submission to the
California Regional Water Quality Control Board. A fee of $2,500
is required to be submitted with the plan and approval is
requested for a transfer of $2,887 from the General Fund
Appropriation for Contingencies to provide for the application fee
and advertising costs - action requested - APPROVE STORM WATER
MANAGEMENT PLAN AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
SUBMIT PLAN TO THE STATE; AND APPROVE BUDGET TRANSFER B-299 (4/5
vote required) FROM THE GENERAL FUND APPROPRIATION FOR
CONTINGENCIES. (2249)
MOTION: I MOVE TO APPROVE THE STORM WATER MANAGEMENT PLAN AND AUTHORIZE
THE DIRECTOR OF PUBLIC WORKS TO SUBMIT PLAN TO THE STATE; AND
APPROVE BUDGET TRANSFER B-299 FROM THE GENERAL FUND APPROPRIATION
FOR CONTINGENCIES.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-060 Progress Report Regarding Efforts to Enhance Recruiting Efforts
and to Stabilize the 911 Dispatch Center - report to the Board of
the conceptual outline to enhance recruitment efforts and to
stabilize the 911 Dispatch Center - action requested - ACCEPT FOR
INFORMATION; AND DIRECT STAFF TO WORK WITH THE SHERIFF'S OFFICE TO
IMPLEMENT THE RECOMMENDED ACTION PLAN. (2860) (**00)
PRESENTATION TO THE BOARD BY PERRY RENIFF, SHERIFF-CORONER.
RECESS:
RECONVENE
MINUTES
PAGE 10
FEBRUARY 25, 2003
10:43 A.M.
10:48 A.M.
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003
PUBLIC HEARINGS AND TIMED ITEMS
03-061 Public Hearing - Abandonment of a Portion of Crown Point Road -
the County has received a request to abandon the northerly portion
of Crown Point Road, northeast of State Highway 32, in the Forest
Ranch area. On January 9, 2003, the Planning Commission
recommended approval of the abandonment and on January 28, 2003,
the Board adopted Resolution 03-020, giving notice of the hearing
on the petition to abandon the public right-of-way - action
requested - FIND THE PUBLIC RIGHT-OF-WAY DESCRIBED IN THE NOTICE
OF HEARING AND PETITION IS UNNECESSARY FOR PRESENT OR PROSPECTIVE
PUBLIC USE AND ADOPT A RESOLUTION ABANDONING THE DESCRIBED PORTION
OF THE CROWN POINT ROAD RIGHT-OF-WAY AND AUTHORIZE THE CHAIR TO
SIGN. (**180)
PUBLIC HEARING OPENED AT 10:51 A.M. AND CONTINUED OPEN TO
MARCH 25, 2003, AT 10:25 A.M. TO ALLOW THE NEIGHBORS ALONG THE
ROAD ADDITIONAL TIME TO DISCUSS THEIR DIFFERENCES REGARDING THE
PROPOSED ABANDONMENT.
03-062 Public Hearing - John and Sharon Byrne - Tentative Subdivision
Map - consideration of an appeal of the Development Review
Committee's approval of a Tentative Subdivision Map proposing 36
single family residential parcels. The parcels will be from 6,500
to 8,576 square feet in size with a gross density of 3.8 dwelling
units per acre. Sewage disposal would be handled by an on-site
community system. Water supply would be provided by the
California Water Company. Drainage would be handled by an on-site
retention basin with discharge into the Shasta Union Drainage
Assessment District. The project would obtain access via a looped
internal subdivision road that would connect with Godman Avenue at
two locations. 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 zoned S-R
(Suburban Residential) and is located at the southwest corner of
Eaton Road and Godman Avenue, in the north Chico area, and
identified as APN 007-260-091 and 007-260-082 (DB [TSM 01-06]) -
action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING
ACTIONS:
1. SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE STAFF REPORT
DATED FEBRUARY 25, 2003, ADOPT A MITIGATED NEGATIVE
DECLARATION;
MINUTES
PAGE 11
FEBRUARY 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES-FEBRUARY 25, 2003
03-062 2. 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
3 . SUBJECT TO FINDINGS II I (A-I ) AS DETAILED IN THE STAFF REPORT
DATED FEBRUARY 25, 2003, AND THE CONDITIONS OF APPROVAL AS
DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED
FEBRUARY 25, 2003, DENY THE APPEAL AND APPROVE TENTATIVE
SUBDIVISION MAP 01-06 FOR JOHN AND SHARON BYRNE, APN 007-260-
091 AND 007-260-082. (**988) (***00)
PUBLIC HEARING OPENED: 11:22 A.M.
PUBLIC HEARING CLOSED: 11:58 A.M.
PUBLIC HEARING CONTINUED CLOSED TO APRIL 8, 2003, AT 10:45 A.M.,
TO ALLOW STAFF TIME TO PROVIDE THE BOARD WITH ADDITIONAL
INFORMATION REGARDING THE EXISTENCE OF A POLICY ON COMMUNITY SEWER
SYSTEMS IN THE URBAN AREA, THE REGIONAL QUALITY CONTROL BOARD
ASSESSMENT OF THIS APPLICATION, THE EATON ROAD DESIGN
DETERMINATION AND AN EATON ROAD TRAFFIC COUNT REPORT.
RECESS: 12:51 P.M.
RECONVENE: 1:36 P.M.
REGULAR AGENDA
03-063 Treasury Compliance and Performance Audit - presentation of the
Compliance and Performance Audit of the Butte County Treasury for
Fiscal Year 2001-2002 - action requested - ACCEPT FOR INFORMATION.
(*** 1160)
PRESENTATION TO THE BOARD BY DICK PUELICHER, TREASURER-TAX
COLLECTOR.
MINUTES
PAGE 12
FEBRUARY 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES-FEBRUARY 25, 2003
03-064 Refinancing Courthouse Debt - presentation of a proposed
refinancing of outstanding debt related to the courthouse
expansion - action requested - AUTHORIZE THE TREASURER TO TAKE
ACTIONS NECESSARY TO COMPLETE PRELIMINARY WORK ON REFINANCING THE
OUTSTANDING DEBT AND RETURN THE FINAL PACKAGE AND DOCUMENTS TO THE
BOARD FOR APPROVAL. (***1403)
MOTION: I MOVE TO AUTHORIZE THE TREASURER TO TAKE ACTIONS NECESSARY TO
COMPLETE PRELIMINARY WORK ON REFINANCING THE OUTSTANDING DEBT AND
RETURN THE FINAL PACKAGE AND DOCUMENTS TO THE BOARD FOR APPROVAL.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-065 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;
MINUTES
PAGE 13
FEBRUARY 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003
03-065 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 2-11-03 [4.10]) (***1530)
MOTION: I MOVE TO INCORPORATE OPTIONS 2 AND 3 WITH REGARD TO TREE
RETENTION WITHIN THE SUBDIVISION, AS DETAILED IN THE STAFF REPORT
DATED FEBRUARY 11, 2003, AND, DIRECT THE INCORPORATION OF THE
OPTIONS SELECTED INTO THE CONDITIONS OF APPROVAL; AND SUBJECT TO
FINDINGS I(A-D) AS DETAILED IN THE STAFF REPORT DATED
FEBRUARY 11, 2003, MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION;
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 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, FURTHER MOVE TO DENY THE APPEAL AND APPROVE
TENTATIVE SUBDIVISION MAP 00-01 FOR WEBB HOMES, APN 043-040-080
AND 043-040-097.
S M
VOTE: 1 Y 2 N 3 N 4 Y 5 Y (Motion Carried)
MINUTES
PacE 14 FEBRUARY 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES-FEBRUARY 25, 2003
03-066 Contribution Agreement - Traffic Control Signal and Safety
Lighting Project on State Route 99 at Estates Drive -
consideration of an amendment to the contribution agreement with
the State of California, Department of Transportation, for the
installation of a traffic control signal and safety lighting
project on State Route 99 at Estates Drive. The amendment
proposes language changes requested by the State regarding
potential funding sources - action requested - ADOPT RESOLUTION
AMENDING CONTRIBUTION AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
(AGREEMENT SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER) (***1772)
MOTION: I MOVE TO ADOPT RESOLUTION 03-038 AMENDING CONTRIBUTION AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-067 Items Removed from the Consent Agenda for Board Consideration and
Action. (NONE) (***1922)
PUBLIC COM[IENT
03-068 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. (***1927) (****00)
1. Howard Gregg addressed the Board to request the County
address problems in Southside Oroville.
SUPERVISOR HOUR REQUESTED AN UPDATE ON THE NUISANCE ABATEMENT
ORDINANCE BE PLACED ON THE NEXT AGENDA.
2. Netta Bramhall, addressed the Board to request the Board
acknowledge IHSS workers by giving them more pay and
benefits.
3. Pat Hankins addressed the Board to share what IHSS workers
do for their patients.
4. Doris Laughlin addressed the Board regarding what IHSS
workers do for their patients and requested the Board look
at hours and money for the workers.
5. Kitty Hickelson addressed the Board to discuss the low wages
for IHSS workers.
6. Howard Gregg addressed the Board to thank the Board for being
a representative on IHSS Advisory Board and to request higher
wages for IHSS workers.
MINUTES
PAGE 15
FEBRUARY 25, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003
03-067 7. Jan Geddes addressed the Board to share what she does as an
IHSS worker for her patients and to request higher wages for
workers.
8. Tria Tao addressed the Board to share what he does for his
son and another patient as an IHSS worker and requested
higher wages for workers.
9. Rosemary Landry addressed the Board regarding IHSS workers
to emphasize how important the IHSS workers are and to ask
the Board to listen to the workers regarding the working
conditions and request for additional pay and benefits.
10. Dan Wall addressed the Board, as a physician, to attest to
the medical skills of IHSS workers and how he has observed
that they are overworked and under-compensated.
11. Anne Sutherland, United Domestic Workers, addressed the Board
to request the Board reconsider the reduction of the hours
for contract workers and to request higher pay for IHSS
workers.
12. Barbara Hoff, United Domestic Workers, addressed the Board
regarding the amazing things IHSS workers do for almost no
pay and requested higher, livable wages for workers and
addressed the Board to request it reconsider the hours that
are being cut from the contract.
13. Molly Hillis, United Domestic Workers, addressed the Board
to request higher wages for IHSS workers and requested the
Board explain how the County was able to reduce the contract
by so many hours.
P,DJOURIrt~NT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 2:50 P.M. TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, MARCH 11, 2003, AT 9:00 A.M.
R.J. BEELER, CHAIR
ATTEST:
Paul McIntosh, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
Deputy
MINUTES PAGE 16 FEBRUARY 25, 2003