HomeMy WebLinkAboutM022701BOARD OF SUPERVISORS
MINUTES
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
KIM YAMAGUCHI, 5th District
Februarv 27, 2001
Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Beeler, Dolan, Houx, Yamaguchi, and Chair
Josiassen. Also present: John S. Blacklock, 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 Dave Sweet, Calvary Chapel of Paradise.
01-049 Items removed from the Consent Agenda for Board consideration
and action. (100)
1. Sheriff's Office - Aviator Night Vision Imaging System -
Board approval is requested by the Sheriff's Office for
the sole source purchase of two AVS-9 Aviator Night
Vision goggles, two flight helmets, and Federal Aviation
Administration (FAA) approved training for two Sheriff's
Office pilots. The total cost of equipment and training
is $27,139, and Board approval is requested for a budget
transfer from the Asset Seizure Trust Fund to provide
funding for the purchase. Board approval is also
requested for the sole source purchase of the equipment
and training from Aviation Specialities Unlimited, Inc.,
of Boise, Idaho, as they provide both the equipment and
the FAA approved training - action requested - APPROVE
SOLE SOURCE PURCHASE OF EQUIPMENT AND TRAINING; AND
APPROVE BUDGET TRANSFER B-196 (4/5 vote required).
2. Local Agency Formation Commission (LAFCo) - Budget
Augmentation - Board approval is requested by the Local
Agency Formation Commission to declare the Board's intent
to augment LAFCo's Fiscal Year 2000-2001 budget in the
amount of $24,240, in response to legislation enacted
January 2, 2001, and if deemed necessary by the LAFCo
Executive Officer and the Chief Administrative Officer -
action requested - DECLARE INTENT TO AUGMENT LAFCO FISCAL
YEAR 2000-2001 BUDGET IN THE AMOUNT OF $24,240, IF
NECESSARY.
Page 67 Februarv 27, 2001
February 27, 2001
01-049 3. Justice Benefits, Inc. (JBI) - Board approval is
requested by the Sheriff's Office to accept and
appropriate unanticipated funds received as a result of
collection efforts by Justice Benefits, Inc., pursuant to
the State Criminal Alien Assistance Program. JBI has
obtained $119,471 in funds under the program, and Board
approval is requested to accept and appropriate the funds
as follows: transfer $26,283 to provide for payment of
the agreement with JBI; and transfer $45,021 to the
Sheriff's budget to provide for completion of the
Sheriff's Substation project. The Sheriff will request
the remaining $48,167 be appropriated later this fiscal
year for additional renovation projects - action
requested - APPROVE BUDGET TRANSFER B-214 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE.
4. California Law Enforcement Equipment Program - Board
approval is requested by the Sheriff's Office to accept
and appropriate $170,536 in grant funds received from the
State Controller's Office for the California Law
Enforcement Equipment Program. The Sheriff's Office is
proposing to combine the funds with $45,021 received from
Justice Benefits, Inc., to fund a project which will
provide computer capability to each of the Sheriff's
Substations. The project will allow deputies at the
substations to access the Records Management System,
Computer Aided Dispatch, and the Jail Management System.
Board approval is also requested to purchase the
equipment and software needed to complete the project, as
detailed in the agenda report, and to authorize the
Auditor-Controller to create a sub-account to appropriate
the funds into proper line item areas - action
requested - APPROVE BUDGET TRANSFER B-215 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE; APPROVE PURCHASE OF FIXED ASSET COMPUTER ITEMS
IN SUPPORT OF THE PROGRAM; AND AUTHORIZE THE CREATION OF
A SUB-ACCOUNT FOR THE PROJECT.
5. Adoption of a Salary Ordinance Amendment - the
Administrative Office has requested the Personnel
Department prepare a salary ordinance amendment which
will increase the salary range for the position of
Executive Secretary to the Chief Administrative Officer
by 10o in response to a class/compensation study -
action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 2-13-01 [3.27])
Page 68 February 27, 2001
February 27, 2001
01-049 6. Adoption of a Salary Ordinance Amendment - the
Development Services Department has requested the
Personnel Department prepare a salary ordinance amendment
which will increase the salary range for the position of
Geographic Information System (G.I.S.) Manager, setting
the position's salary range at 5o below the salary range
of Senior Planner. The adjustment was to be included in
the comprehensive adjustments included in the last
Memorandum of Understanding, but was inadvertently
overlooked - action requested - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 2-13-01 [3.28])
7. Adoption of a Salary Ordinance Amendment - the District
Attorney has requested the Personnel Department prepare
a salary ordinance amendment which adds two positions of
District Attorney Senior Investigator to the District
Attorney-Welfare Fraud division to provide for a
supervision structure within the division. Once the
positions are filled, the department will delete two
positions of District Attorney Investigator II/I -
action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 2-13-01 [3.29])
8. Adoption of a Salary Ordinance Amendment - the Personnel
Department has prepared a salary ordinance amendment
which sets the annual salary rate for the new Director of
Personnel at $84,846, effective February 17, 2001 -
action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 2-13-01 [3.30])
9. Adoption of a Salary Ordinance Amendment - the Personnel
Department has prepared a salary ordinance amendment
which adjusts the salary range for the position of
Assistant Director of Personnel (Step 1 $27.96 - Step 5
$33.99) in response to the change in salary rate for the
new Director of Personnel. The assistant department
heads' salaries are set based on the department heads'
salaries. With the new salary rate for the Director of
Personnel, an adjustment was required for the Assistant
Director of Personnel position - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-13-01
[3.31] )
10. William Avery and Associates - Board approval is
requested by the Administrative Office and Personnel
Department for an agreement with William Avery and
Associates for negotiation and consulting services for
employer-employee relations. The term of the agreement
is February 1, 2001, until terminated by either party,
with a monthly compensation amount of $3,600, and
reimbursement of reasonable travel expenses (Personnel
Department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11948)
Page 69 February 27, 2001
February 27, 2001
01-049 11. Mentally Ill Offender Crime Reduction Grant - Board
approval is requested by the Sheriff's Office for a grant
application to the California Board of Corrections, under
the Mentally Ill Offender Crime Reduction Act, for funds
to support a research program. The program is designed
to support locally developed strategies for curbing
recidivism among adult mentally ill offenders. The total
grant request is approximately $2,352,000 for a three
year period, with a match of approximately $2,015,000.
The match will be provided through the utilization of
existing services currently provided to the target
population. The grant proposes 2 Mental Health Clinician
positions, 2 Deputy Sheriff positions, 2 Probation
Officer positions, 3.5 Mental Health Counselor positions,
1 half-time Court Administrator position, 1 one-fifth
time Psychiatrist position, and 1 support staff position.
A requirement of the grant is a resolution assuring the
County will adhere to the Board of Corrections'
requirements and terms for expenditure of the funds, that
the Sheriff appoint and chair a strategy committee, and
that the County participate in the collection of required
common research data, program evaluation activities, and
conduct an evaluation of their proposed project - action
requested - APPROVE SUBMISSION OF GRANT APPLICATION;
ADOPT A RESOLUTION AS REQUIRED BY THE GRANT AND AUTHORIZE
THE CHAIR TO SIGN; AND AUTHORIZE THE SHERIFF-CORONER TO
SIGN ALL DOCUMENTS RELATED TO THE GRANT.
Consent Agenda
01-050 1. Approval of Minutes - action requested - APPROVE MINUTES
OF FEBRUARY 13, 2001.
2. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-216 (PUBLIC WORKS/APPROPRIATION FOR
CONTINGENCIES [4/5 vote required]); B-213 (FIRE
DEPARTMENT/COMMUNITY COST SHARE TRUST FUND [4 /5 vote
required]); AND B-209 (SHERIFF'S OFFICE).
3. Emergency Medical Care Committee - action requested -
REAPPOINT JANET ELLIS, HOSPITAL ADMINISTRATOR
REPRESENTATIVE, TO A TERM TO END JUNE 30, 2003.
Page 70 February 27, 2001
February 27, 2001
01-050 4. Conveyance of County Property - Fire Department - Board
approval is requested by the Fire Department to convey a
1971 International Cabover 4070A Water Tender (VIN No.
Y026214) to the Durham Volunteer Fire Department for
disposal. The water tender, donated to the County by the
Durham Volunteer Fire Company in 1989, will be replaced
with the donation of a new water tender. Notice of
intention to convey county property pursuant to
Government Code Sections 25365 and 6061 has been
completed - action requested - AUTHORIZE TRANSFER OF A
FIXED ASSET ITEM. (FROM 1-9-01 [3.11])
5. Relief of Accountability - Public Health - Board approval
is requested by the Public Health Department for relief
of accountability for five computers which were surplused
as non-inventory items or salvaged out for parts. The
Auditor's Office and the District Attorney have reviewed
the request - action requested - GRANT RELIEF OF
ACCOUNTABILITY.
6. Fire Department - Utility Vehicles - Board approval is
requested by the Fire Department to purchase two utility
vehicles in the amount of $26,000 each. The vehicles
will replace two older vehicles which are in constant
disrepair. The Fire Department is proposing to purchase
the vehicles utilizing current department funds, and
Board approval is requested for a budget transfer to
provide the necessary funding - action requested -
APPROVE BUDGET TRANSFER B-211 (4/5 vote required); AND
APPROVE PURCHASE OF TWO UTILITY VEHICLES IN THE AMOUNT OF
$26,000 EACH.
7. Monthly Investment Report - the Treasurer-Tax Collector
submits the January 31, 2001, report in accordance with
the Butte County Statement of Investment Policy dated
July 1, 2000 - action requested - ACCEPT FOR INFORMATION.
8. Relief of Accountability - Board approval is requested by
the Treasurer-Tax Collector, pursuant to Government Code
Section 29390, to approve a relief of accountability for
$30.00 missing from the receipts of January 12, 2001.
The Auditor-Controller found no evidence of fraud or
gross negligence - action requested - GRANT RELIEF OF
ACCOUNTABILITY.
9. Resolution Increasing Change Funds - Board approval is
requested by the Public Health Department for a
resolution which would increase the change funds for the
Chico Employment Center Health Clinic, the South County
Employment Center Health Clinic, and the Chico Public
Health Clinic from $50 to $100 to meet the needs of the
facilities - action requested - ADOPT RESOLUTION 01-007
AND AUTHORIZE THE CHAIR TO SIGN.
Page 71 February 27, 2001
February 27, 2001
01-050 10. Durham Irrigation District - Property Tax Exchange
Agreement - Board approval is requested for a property
tax exchange agreement with the Durham Irrigation
District (Durham Irrigation District Overall Sphere
Modification and Annexation) in which no property tax
exchange will occur as a result of the annexation to the
District - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
11. Adoption of a Salary Ordinance Amendment - the
Administrative Office has requested the Personnel
Department prepare a salary ordinance amendment which
flexibly staffs the position classification of
Supervisor's Administrative Assistant to Supervisor's
Administrative Assistant II/I, and applies the flexible
staffing to the current position allocations of
Supervisor's Administrative Assistant/Supervisor's
Clerical Aide. Flexibly staffing the positions will
provide for enhanced recruitment, and retention of
experienced personnel - action requested - ADOPT
ORDINANCE 3691 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
2-13-01 [3.25])
12. Adoption of a Salary Ordinance Amendment - the Local
Agency Formation Commission has requested the Personnel
Department prepare a salary ordinance amendment which
adds one position of Office Assistant III/II/I to provide
staff support for changes resulting from legislation
enacted January 1, 2001 - action requested - ADOPT
ORDINANCE 3692 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
2-13-01 [3.26] )
13. Introduction of a Salary Ordinance Amendment - County
Counsel has requested the Personnel Department prepare a
salary ordinance amendment which deletes one position of
Chief Deputy County Counsel, and adds one position of
Deputy County Counsel III/II/I to provide the department
with greater flexibility in recruitment of staff - action
requested - WAIVE READING OF THE ORDINANCE.
14. Introduction of a Salary Ordinance Amendment - the
Probation Department has requested the Personnel
Department prepare a salary ordinance amendment which
deletes one position of Probation Officer III/II/I, and
adds one position of Supervising Probation Officer as a
result of a classification study, and in support of a new
interagency placement team - action requested - WAIVE
READING OF THE ORDINANCE.
15. Resolution in Honor of Richard Price, Butte County Farm
Bureau Outstanding Agriculturist of the Year 2000 -
action requested - ADOPT 01-008 RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN.
Page 72 February 27, 2001
February 27, 2001
01-050 16. Resolution in Support of Agreement Regarding Resolution
of Phase 8 Issues - Board approval is requested by the
Department of Water and Resource Conservation for a
resolution which authorizes the Director of Water and
Resource Conservation to participate in the negotiation
of a settlement agreement regarding Phase 8 of the State
Water Resources Control Board water rights hearings -
action requested - ADOPT RESOLUTION 01-009 AND AUTHORIZE
THE CHAIR TO SIGN.
17. Price, Brown and Halsey - Board approval is requested by
County Counsel for an agreement with Price, Brown and
Halsey for the provision of legal services. The term of
the agreement is one year, with a service rate of $95 per
hour for partner services, and $75 per hour for
associates services (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X11938)
18. Resource Design Technology/KRC Holdings, Inc - M&T Ranch
Mine Project - Amendment - Board approval is requested by
the Development Services Department for an amendment to
the consulting agreement with Resource Design Technology
for the preparation of an Environmental Impact Report for
the proposed M&T Ranch Mine project. The amendment
increases the maximum amount payable by $19,840 (funded
by the applicant, KRC Holdings, Inc.) to allow for the
provision of additional studies required for the project.
Board approval is also requested to accept and
appropriate the unanticipated revenue received by the
applicant for the studies - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE BUDGET TRANSFER B-212 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE.
(Contract No. X11681)
Page 73 February 27, 2001
February 27, 2001
01-050 19. Office of Criminal Justice Planning - Violence Against
Women Vertical Prosecution Program Grant - Board approval
is requested by the District Attorney to ratify the
submission of a grant application to the Office of
Criminal Justice Planning for funds in the amount of
$91,182 (with a $10,130 County match requirement
[department budget]) to continue the Violence Against
Women Vertical Prosecution Program for the period of
March 1, 2001, through February 28, 2002. In order to
meet the February 16, 2001, grant application deadline,
the District Attorney submitted the application pursuant
to the authority granted to the District Attorney by the
Board in Resolution No. 98-42, however, Board approval is
required for the Certification of Assurance and
Compliance to extend the District Attorney's grant
submission authority through the proposed grant period -
action requested - RATIFY THE DISTRICT ATTORNEY'S
SUBMISSION OF THE GRANT APPLICATION; AND AUTHORIZE THE
CHAIR TO SIGN THE CERTIFICATE OF ASSURANCE AND
COMPLIANCE.
20. Butte County Children and Families Commission - Mini-
Grants - Board approval is requested by the Director of
Libraries to apply to the Butte County Children and
Families Commission for a grant in the maximum amount of
$20,000, for funds to enhance the Families for Literacy
English and Bilingual (Spanish/English) programs - action
requested - APPROVE SUBMISSION OF GRANT APPLICATION AND
AUTHORIZE THE DIRECTOR OF LIBRARIES TO SIGN.
21. California Family Health Council, Inc. - Board approval
is requested by the Public Health Department for a
revenue agreement with the California Family Health
Council, Inc., for funds to support family planning
services. The term of the agreement is January 1, 2001,
through December 31, 2001, with a maximum amount payable
to the County of $50,000 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
22. State Department of Health Services - Board approval is
requested by the Public Health Department for a revenue
agreement with the State Department of Health Services
for funds to implement a portion of the Family Violence
Strategic Plan. The term of the agreement is
January 1, 2001, through June 30, 2002, with a maximum
amount payable to the County of $20,000 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
Page 74 February 27, 2001
February 27, 2001
01-050 23. Backgrounds and More - Amendment - Board approval is
requested by the Probation Department for an amendment to
the agreement with Backgrounds and More for the provision
of background investigation services for Probation
Department applicants. The amendment revises the Rate
Schedule to reflect an increase in rates for background
investigation services. The agreement will remain within
the maximum amount payable of $30,000 (department
budget), and all other provisions and conditions remain
the same - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11765)
24. Sites Reservoir - Memorandum of Understanding (MOU) -
Board approval is requested by the Department of Water
and Resource Conservation, at the recommendation of the
Butte County Water Commission, to sign the Sites
Reservoir Memorandum of Understanding. The Sites
Reservoir project is an investigation of an off-stream
reservoir in Glenn and Colusa counties, and the MOU was
designed to ensure local input into the project.
Although the reservoir is not located within Butte
County, it has the potential to be of benefit to the
County - action requested - ACCEPT THE RECOMMENDATION OF
THE BUTTE COUNTY WATER COMMISSION AND AUTHORIZE THE CHAIR
TO SIGN THE SITES RESERVOIR MEMORANDUM OF UNDERSTANDING.
25. Adventure Kids Group - Board approval is requested by the
Butte County Department of Behavioral Health to implement
an Adventure Kids Group program which will provide new
services to adolescents utilizing outdoor settings and
activities. The program is designed to combine activities
that foster self-esteem, responsibility, decision making
skills, leadership skills, personal empowerment, and
communication skills in a therapeutic group process. The
new program will be funded within the existing department
budget - action requested - APPROVE ENHANCED SERVICES FOR
THE ADVENTURE KIDS GROUP.
26. North State Cooperative Library System - 1999-2000 Annual
Report - Doris Lithgow, North State Cooperative Library
System Advisory Board Representative, submits a copy of
the annual report for 1999-2000 - action requested -
ACCEPT FOR INFORMATION.
27. Request for Special Election - the City of Chico, by
Resolution No. 92 00-01, adopted February 6, 2001, is
requesting the County Clerk-Recorder-Registrar of Voters
conduct a Special Municipal Election to be held Tuesday,
June 5, 2001. The cost of the election will be paid for
by the City - action requested - AUTHORIZE THE COUNTY
CLERK TO CONDUCT THE SPECIAL MUNICIPAL ELECTION TO BE
HELD TUESDAY, JUNE 5, 2001; AND APPROVE BUDGET TRANSFER
B-210 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE.
Page 75 February 27, 2001
Februarv 27, 2001
01-050 28. Cable Television Franchise Renewals - Proposed Strategy -
the Administrative Office submits a report which details
the proposed strategy for the renewal of the three cable
television franchise agreements which are due to expire
over the next four years. The strategy proposes to
consolidate the three existing agreements into a single
agreement, to work with the cities to development common
terms and conditions, and to provide for reasonable
County revenue and other benefits - action requested -
ACCEPT FOR INFORMATION.
29. Conflict of Interest Codes - Housing Authority of Butte
County and the Butte County Association of Governments -
the Housing Authority of Butte County and the Butte
County Association of Governments have adopted their own
Conflict of Interest Codes and are submitting their codes
to the County, as the code reviewing body, to determine
the code's compliance with Government Code Section 87302.
County Counsel has reviewed the codes and finds them to
be proper - action requested - APPROVE CODES.
30. Biennial Approval of Local Agency Conflict of Interest
Codes (Exempt) - the following districts have reviewed
their Conflict of Interest Code Exemption Statements and
have determined that the conditions for exemption still
exist: Bangor Cemetery District, Pine Creek Cemetery
District, Drainage District No. 1, and Drainage District
No. 100. County Counsel has reviewed the reports and
finds them to be proper - action requested - ACCEPT LOCAL
AGENCY BIENNIAL CONFLICT OF INTEREST CODE EXEMPTION
STATEMENTS.
31. Biennial Approval of Local Agency Conflict of Interest
Codes (Non-Exempt) - the following districts have
reviewed their Conflict of Interest Codes and have
determined their agency's code is current and not in need
of revision: Gridley-Biggs Cemetery District, Oroville
Cemetery District, Paradise Cemetery District, Durham
Mosquito Abatement District, Oroville Mosquito Abatement
District, Berry Creek Community Services District,
Buzztail Community Services District, Richardson Springs
Community Services District, Ed Medio Fire District,
Richvale Irrigation District, Thermalito Irrigation
District, Chico Area Recreation and Park District,
Feather River Recreation and Park District, Paradise
Recreation and Park District, Richvale Recreation and
Park District, Reclamation District No. 833, Lake
Oroville Public Utility District, Richvale Sanitary
District, Lake Madrone Water District, and Sewerage
Commission-Oroville Region. County Counsel has reviewed
the reports and finds them to be proper - action
requested - ACCEPT LOCAL AGENCY BIENNIAL CONFLICT OF
INTEREST CODE REPORTS.
Page 76 Februarv 27, 2001
Februarv 27, 2001
01-050 32. Biennial Approval of Local Agency Conflict of Interest
Codes (Non-Exempt) - Paradise Irrigation District -
Amendment - the Paradise Irrigation District, by
Resolution No. 2001-04, amended its Conflict of Interest
Code, and is submitting the amended code to the County,
as the code reviewing body, to determine the code's
compliance with Government Code Section 87302. County
Counsel has reviewed the code amendment and finds it to
be proper - action requested - APPROVE AMENDED CODE.
33. Biennial Approval of Local Agency Conflict of Interest
Codes (Non-Exempt) - School Districts - the following
school districts have reviewed their Conflict of Interest
Codes and have determined that their agency's code is
current and not in need of revision: Durham Unified
School District; Feather Falls Union School District;
Manzanita School District; Oroville Elementary School
District; Oroville Union High School District; Palermo
Union School District; Paradise Union School District;
Pioneer Union School District; Thermalito School
District; and Butte County Office of Education. County
Counsel has reviewed the reports and finds them to be
proper - action requested - ACCEPT LOCAL AGENCY BIENNIAL
CONFLICT OF INTEREST CODE REPORTS. (102)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEMS 3.07, 3.10,
3.11, 3.12, 3.17, 3.18, 3.19, 3.20, 3.21, 3.26, AND 3.33
REMOVED FROM THE AGENDA.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Recrular Acrenda
CHAIR JOSIASSEN READS THE RESOLUTION HONORING RICHARD PRICE,
AGRICULTURAL COMMISSIONER, AS THE BUTTE COUNTY FARM BUREAU'S
OUTSTANDING AGRICULTURIST OF THE YEAR, AND THANKS HIM ON BEHALF
OF THE BOARD FOR HIS WORK FOR THE COUNTY.
01-051 Appointments - Boards, Commissions, and Committees.
1. Appointments to listed vacancies. (228)
MOTION: I MOVE TO APPOINT MYRA UNTIET, DISTRICT 5 REPRESENTATIVE TO THE
COUNTY COMMISSION ON AGING, TO A TERM TO END JANUARY 10, 2005.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 77 Februarv 27, 2001
Februarv 27, 2001
01-052 Update on legislative and budget activities. (265) JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT
ASSEMBLYMAN SAM AANESTAD HAS NAMED SUPERVISOR MARY ANNE HOUR AS
WOMAN OF THE YEAR FOR HIS DISTRICT. THE BOARD WAS ALSO
INFORMED THAT THE CALIFORNIA STATE ASSOCIATION OF COUNTIES IS
INFORMING COUNTIES OF THE POTENTIAL FOR ADDITIONAL PROPERTY TAX
REVENUE LOSSES WHICH COULD OCCUR SHOULD THE STATE PURCHASE
TRANSMISSION GRIDS FROM PACIFIC GAS AND ELECTRIC AND SOUTHERN
CALIFORNIA EDISON IN AN EFFORT TO ADDRESS THE CURRENT ENERGY
CRISIS. THE SALE TO THE STATE COULD RESULT IN AN ADDITIONAL
$4 MILLION LOSS TO LOCAL GOVERNMENTS IN PROPERTY TAXES. THE
BOARD WAS ALSO INFORMED THAT THE CHIEF ADMINISTRATIVE OFFICER
HAS DISTRIBUTED A MEMO TO DEPARTMENT HEADS DETAILING ENERGY
CONSERVATION IDEAS, AND THE COUNTY IS LOOKING AT A PROTO-TYPE
ENERGY EFFICIENT FIRE STATION.
BOARD DIRECTION THAT LETTERS BE WRITTEN TO ALL STATE
LEGISLATORS, THE GOVERNOR, THE APPROPRIATE COMMITTEES, THE
PUBLIC UTILITIES COMMISSION, AND THE ENERGY COMMISSION, STATING
THAT SHOULD THE STATE PURCHASE THE POWER GRIDS, A REQUIREMENT
OF THAT TRANSFER SHOULD BE THAT LOCAL GOVERNMENT PROPERTY TAX
REVENUE IS GUARANTEED.
BOARD DIRECTION THAT A PRESENTATION BE MADE BEFORE THE BOARD
THAT DETAILS THE ENERGY CONSERVATION MEASURES THE COUNTY HAS
ALREADY TAKEN OVER THE LAST FEW YEARS.
01-053 Forest Payments to Counties Legislation (HR 2389) - Report to
the Board - presentation to the Board by Lee Anne Schramel
Taylor, Public Affairs Officer, Plumas National Forest, on
legislation designed to restore stability and predictability to
the annual payments made to states and counties containing
National Forest System lands and public domain lands managed by
the Bureau of Land Management - action requested - ACCEPT FOR
INFORMATION. (616)
PRESENTATION TO THE BOARD BY LEE ANNE SCHRAMEL TAYLOR, PUBLIC
AFFAIRS OFFICER, PLUMAS NATIONAL FOREST; AND CRAIG CARTER,
BUTTE COUNTY FIRE.
01-054 Hepatitis A Prevention Project - Report to the Board - report
to the Board on the Hepatitis A Prevention Project which has
come to a successful conclusion - action requested - ACCEPT FOR
INFORMATION. (1585)
PRESENTATION TO THE BOARD BY DR. MARK LUNDBERG, COUNTY HEALTH
OFFICER, AND INSU HYAMS, PHN, PROJECT COORDINATOR.
Page 78 Februarv 27, 2001
Februarv 27, 2001
01-055 Tri-County Economic Development Corporation - Master
Subrecipient Agreement - Board approval is requested by the
Administrative Office for a Master Subrecipient Agreement with
the Tri-County Economic Development Corporation as a
requirement of Community Development Block Grant (CDBG)
regulations for the management of CDBG activities. The
agreement will allow Tri-County Economic Development
Corporation to provide services such as preparation of grant
applications, implementation of projects funded by grant
awards, and administration of projects on behalf of the
County - action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (2004)
MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
01-056 Dry Creek Irrigation District - consideration of a request from
the New World Foundation for conceptual approval for the
establishment of a new irrigation district and related
facilities. Proposed is the formation of the Dry Creek
Irrigation District, a pipeline, and an off-stream storage
reservoir to capture excess flood runoff from the Oroville Dam.
The project requires conceptual approval by the County and the
California Department of Water Resources before funding can be
obtained for further feasibility studies - action requested -
ACCEPT THE RECOMMENDATION OF THE BUTTE COUNTY DEPARTMENT OF
WATER AND RESOURCE CONSERVATION FOR A LETTER TO THE NEW WORLD
FOUNDATION SUPPORTING THE CONCEPT AND AUTHORIZE THE CHAIR TO
SIGN. (2304) (**00)
MOTION: I MOVE TO SUPPORT THE INVESTIGATION OF OFF-STREAM STORAGE IN
BUTTE COUNTY, AND THIS SITE AS A POTENTIAL LOCATION; SUPPORT
THE AGGRESSIVE INVESTIGATION OF THE USE OF BUTTE COUNTY'S WATER
ENTITLEMENT; SUPPORT PUBLIC INFORMATION AND INVOLVEMENT IN THIS
INVESTIGATION; SUPPORT THE CONCEPT OF AGGRESSIVELY ANALYZING
THE FORMATION OF AN APPROPRIATE PUBLIC ENTITY TO DEVELOP AND
MANAGE OFF-STREAM STORAGE TO PROVIDE PUBLIC BENEFITS OF FLOOD
PROTECTION, NEW WATER FOR IRRIGATION TO REPLACE DIMINISHING
SUPPLIES OF GROUND WATER, DROUGHT MANAGEMENT, RECREATIONAL
OPPORTUNITIES, CONJUNCTIVE USE PROJECTS FOR BENEFICIAL
REPLENISHMENT OF GROUND WATER. SEPARATE AND DISTINCT FROM THIS
WATER INVESTIGATION, I WOULD OFFER OTHER MOTIONS IN SUPPORT OF
TRAINING ENTITIES TO PROVIDE SKILLS FOR THE YOUTH THAT LIVE IN
BUTTE COUNTY TO HAVE LIFE EMPLOYMENT THAT IS AT A VERY GOOD
WAGE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 79 Februarv 27, 2001
Februarv 27, 2001
RECESS:
RECONVENE
11:10 A.M.
11:21 A.M.
Public Hearings and Timed Items
01-057 Public Hearing - Durham Land Estates - Formation of a County
Service Area (CSA) - Protest Hearing and Ballot Proceeding -
the County has received an application for the formation of a
CSA to provide storm drainage maintenance and street lighting
services, in compliance with the conditions of approval of the
Durham Land Estates Tentative Subdivision Map. The proposed
44-lot subdivision is located south of Durham Dayton Highway,
and west of Holland Avenue, in the Durham area (Supervisorial
District 4). The protest hearing and ballot proceeding is being
conducted pursuant to Proposition 218 (Government Code Section
53753) - action requested - OPEN PROTEST HEARING TO ACCEPT
PUBLIC COMMENT; CLOSE HEARING; REQUEST BALLOT RESULTS FROM THE
CLERK OF THE BOARD; ACCEPT ALL INFORMATION, NOTING THAT THE
PROCEDURE WILL BE FINALIZED AFTER THE LOCAL AGENCY FORMATION
COMMISSION HAS MADE RECOMMENDATIONS TO THE BOARD CONCERNING THE
FORMATION OF THE COUNTY SERVICE AREA. (FROM 12-19-00 [3.04])
(**1376)
PUBLIC HEARING OPENED: 11:22 A.M.
PUBLIC HEARING CLOSED: 11:22 A.M.
TOTAL BALLOTS: 1
BALLOTS RECEIVED IN FAVOR OF ASSESSMENT: 1
BALLOTS RECEIVED IN OPPOSITION: 0
THIS PROCEDURE WILL BE FINALIZED AFTER THE LOCAL AGENCY
FORMATION COMMISSION HAS MADE RECOMMENDATIONS TO THE BOARD
CONCERNING THE FORMATION OF THE COUNTY SERVICE AREA.
Page 80 Februarv 27, 2001
February 27, 2001
01-058 Public Hearing - Shirley Prusia, Mooretown Rancheria - General
Plan Amendment and Rezone - consideration of a General Plan
Amendment from Low Density Residential to Commercial, and a
Rezone from Agricultural Residential to C-1 (Light Commercial)
for 5.45 acres located on a 38.62 acre parcel (item on which a
negative declaration with mitigation measures regarding
environmental impacts has been recommended). The applicant
intends to develop a parking lot with 300 parking spaces and
six bus spaces to be used in conjunction with the Feather Falls
Casino. The parking lot will include a storm water detention
basin for management of run-off. The proposed C-1 zone shall
be limited to the construction of the parking lot through the
use of a Conditional Zoning Agreement. The Feather Falls Casino
exceeds parking availability during concert events. The concert
facility provides seating for 1000+/-. The current parking lot
provides 315 standard and handicap parking spaces. The proposed
new parking lot will provide additional spaces to alleviate
parking demands during concert events. The property is located
south of, and adjacent to Alverda Drive, approximately 2,000
feet east of Lower Wyandotte Road, and 200 feet west of Lorene
Court, opposite the Feather Falls Casino and Mooretown
Rancheria, in the south Oroville area, and identified as APN
036-310-162 (DB [File No. GPA/RZ 99-03]) - action requested -
STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF
REPORT DATED FEBRUARY 27, 2001, ADOPT A MITIGATED
NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS;
2. FIND THAT 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)(3) 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 RESIDENTIAL 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;
3. SUBJECT TO FINDINGS III(A-B) AS DETAILED IN THE STAFF
REPORT DATED FEBRUARY 27, 2001, FIND THAT THE PROPOSED
GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358;
Page 81 February 27, 2001
February 27, 2001
01-058 4. SUBJECT TO FINDINGS IV(A-G) AS DETAILED IN THE STAFF
REPORT DATED FEBRUARY 27, 2001, MAKE A MOTION OF INTENT
TO ADOPT AN ORDINANCE REZONING PROPERTY IDENTIFIED AS A
5.45 ACRE PORTION OF APN 036-310-162, FROM AR
(AGRICULTURAL RESIDENTIAL) TO C-1 (LIGHT COMMERCIAL), AND
ADOPT A RESOLUTION AMENDING THE GENERAL PLAN FROM LOW
DENSITY RESIDENTIAL TO COMMERCIAL FOR PROPERTY IDENTIFIED
AS A 5.45 ACRE PORTION OF APN 036-310-162, SUBJECT TO THE
CONDITIONAL ZONING AGREEMENT IDENTIFIED AS EXHIBIT "A" TO
THE ZONING ORDINANCE CONTAINED IN THE STAFF REPORT DATED
FEBRUARY 27, 2001. (FROM 1-9-01 [3.10]) (**1438)
PUBLIC HEARING OPENED: 11:29 A.M.
PUBLIC HEARING CLOSED: 11:43 A.M.
MOTION SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF REPORT
DATED FEBRUARY 27, 2001, I MOVE FOR A MOTION OF INTENT TO ADOPT
A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL
IMPACTS; FIND THAT 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)(3) 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 RESIDENTIAL OR
MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL
POLICES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR
CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION
PLAN; SUBJECT TO FINDINGS III(A-B) AS DETAILED IN THE STAFF
REPORT DATED FEBRUARY 27, 2001, MOVE FOR A MOTION OF INTENT TO
FIND THAT THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE PUBLIC
INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION
65358; SUBJECT TO FINDINGS IV(A-G) AS DETAILED IN THE STAFF
REPORT DATED FEBRUARY 27, 2001, MOVE FOR A MOTION OF INTENT TO
ADOPT AN ORDINANCE REZONING PROPERTY IDENTIFIED AS A 5.45 ACRE
PORTION OF APN 036-310-162, FROM AR (AGRICULTURAL RESIDENTIAL)
TO C-1 (LIGHT COMMERCIAL), AND FURTHER MOVE FOR A MOTION OF
INTENT TO ADOPT A RESOLUTION AMENDING THE GENERAL PLAN FROM LOW
DENSITY RESIDENTIAL TO COMMERCIAL FOR PROPERTY IDENTIFIED AS A
5.45 ACRE PORTION OF APN 036-310-162, SUBJECT TO THE
CONDITIONAL ZONING AGREEMENT IDENTIFIED AS EXHIBIT "A" TO THE
ZONING ORDINANCE CONTAINED IN THE STAFF REPORT DATED
FEBRUARY 27, 2001.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 82 February 27, 2001
February 27, 2001
01-059 Public Hearing - Annexation to County Service Area (CSA) No. 23
(Pleasant Valley Drainage) - on January 4, 2001, the Local
Agency Formation Commission approved the annexation of 4.7
acres of private property to CSA No. 23 to utilize district
drainage facilities as a condition of subdivision approval for
residential development of the property. The parcels to be
annexed are located on Marigold Avenue in the Chico area, and
identified as APN 048-750-012 and 013 (SUPERVISORAL district
3) - action requested - ADOPT A RESOLUTION APPROVING THE
ANNEXATION TO COUNTY SERVICE AREA NO. 23 (PLEASANT VALLEY
DRAINAGE) AND AUTHORIZE THE CHAIR TO SIGN. (**2550)
PUBLIC HEARING OPENED: 11:50 A.M.
PUBLIC HEARING CLOSED: 11:50 A.M.
MOTION: I MOVE TO ADOPT RESOLUTION 01-010 APPROVING THE ANNEXATION TO
COUNTY SERVICE AREA NO. 23 (PLEASANT VALLEY DRAINAGE) AND
AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
01-060 Public Hearing - Waiver of Parcel Map - Appeal - Pete
Halimi/AEJ Trust - consideration of an appeal of the
Development Review Committee's denial of a waiver of parcel
map to divide a 153.5 acre parcel into two parcels of 40 acres
each and one parcel of 73.5 acres (item on which a negative
declaration with mitigation measures regarding environmental
impacts has been recommended). The proposed Parcel 1 fronts on
both Meridian Road and Munjar Road, proposed Parcel 2 fronts on
Meridian Road, and proposed Parcel 3 fronts on Munjar Road.
The parcels are being created for agricultural use only, and
cannot be developed for residential use until proven to meet
the sewage disposal requirements of Appendix VII of the Butte
County Subdivision Ordinance. The property is located on the
northeast corner of Meridian Road and Munjar Road, north of
Chico, and identified as APN 047-200-055 (SB [File No. WAV 01-
02]) - STAFF RECOMMENDS THE BOARD TAKE ONE OF FOLLOWING
ACTIONS:
1. SUBJECT TO FINDINGS I(A-C) AS DETAILED IN THE STAFF
REPORT DATED FEBRUARY 27, 2001, DENY APPEAL 01-07 FOR
PETE HALIMI/AEJ TRUST; OR
2. SHOULD THE BOARD CHOOSE TO SUPPORT THE PROJECT, THE
FOLLOWING ACTIONS SHOULD BE TAKEN:
1. SUBJECT TO FINDINGS I(A-B) OF THE ALTERNATIVE
ACTIONS SECTION OF THE STAFF REPORT DATED
FEBRUARY 27, 2001, UPHOLD APPEAL 01-07 FOR PETE
HALIMI/AEJ TRUST;
Page 83 February 27, 2001
February 27, 2001
01-060 2. 2. DIRECT THAT SOIL TESTING BE PERFORMED PRIOR TO
RECORDATION OF THE DEEDS TO DEMONSTRATE ON-SITE
SEWAGE DISPOSAL CAPABILITY PER BUTTE COUNTY
STANDARDS. CONDITION 16 OF THE CONDITIONS OF
APPROVAL DETAILED IN THE STAFF REPORT DATED FEBRUARY
27, 2001, SHOULD BE DELETED IF THE BOARD TAKES THIS
ACTION;
3. SUBJECT TO FINDINGS III(A-D) AS DETAILED IN THE
ALTERNATIVE ACTIONS SECTION OF THE STAFF REPORT
DATED FEBRUARY 27, 2001, ADOPT A MITIGATED NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS, WITH
MITIGATION MEASURES 1-6 AS DETAILED IN THE STAFF
REPORT DATED FEBRUARY 27, 2001;
4. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND/OR WILDLIFE OR THEIR HABITAT BECAUSE THE
SITE DOES NOT CONTAIN ANY SIGNIFICANT FISH AND/OR
WILDLIFE HABITAT. THEREFORE, A "DE MINIMUS" IMPACT
OF FINDING REGARDING FISH AND WILDLIFE AND THEIR
HABITAT IS HEREBY MADE, AND THE COLLECTION OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3)
AND 14 CCR 753.5 IS NOT REQUIRED;
5. SUBJECT TO FINDINGS V(A-K) AS DETAILED IN THE
ALTERNATIVE ACTIONS SECTION OF THE STAFF REPORT
DATED FEBRUARY 27, 2001, APPROVE WAV 01-02 FOR PETE
HALIMI/AEJ TRUST, SUBJECT TO THE CONDITIONS OF
APPROVAL AS DETAILED IN THE STAFF REPORT DATED
FEBRUARY 27, 2001. (**2603)(***00)
PUBLIC HEARING OPENED: 12:01 P.M.
PUBLIC HEARING CLOSED: 12:16 P.M.
MOTION: SUBJECT TO FINDINGS I(A-C) AS DETAILED IN THE STAFF REPORT
DATED FEBRUARY 27, 2001, I MOVE TO DENY APPEAL 01-07 FOR PETE
HALIMI/AEJ TRUST.
M
VOTE: 1 2 3 4 5 (Motion Dies for Lack of Second)
Page 84 February 27, 2001
February 27, 2001
01-060 MOTION: SUBJECT TO FINDINGS I(A-B) OF THE ALTERNATIVE
ACTIONS SECTION OF THE STAFF REPORT DATED
FEBRUARY 27, 2001, I MOVE TO UPHOLD APPEAL 01-07 FOR
PETE HALIMI/AEJ TRUST; MOVE TO DELETE THE CURRENT
CONDITION OF APPROVAL NO. 16 AS DETAILED IN THE
STAFF REPORT DATED FEBRUARY 27, 2001, AND ADD A NEW
CONDITION NO. 16 WHICH DIRECTS THAT SOIL TESTING BE
PERFORMED PRIOR TO RECORDATION OF THE DEEDS TO
DEMONSTRATE ON-SITE SEWAGE DISPOSAL CAPABILITY PER
BUTTE COUNTY STANDARDS; SUBJECT TO FINDINGS III(A-D)
AS DETAILED IN THE ALTERNATIVE ACTIONS SECTION OF
THE STAFF REPORT DATED FEBRUARY 27, 2001, MOVE TO
ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS, WITH MITIGATION MEASURES 1-6
AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 27,
2001; FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND/OR WILDLIFE OR THEIR HABITAT BECAUSE THE
SITE DOES NOT CONTAIN ANY SIGNIFICANT FISH AND/OR
WILDLIFE HABITAT. THEREFORE, A "DE MINIMUS" IMPACT
OF FINDING REGARDING FISH AND WILDLIFE AND THEIR
HABITAT IS HEREBY MADE, AND THE COLLECTION OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3)
AND 14 CCR 753.5 IS NOT REQUIRED; AND SUBJECT TO
FINDINGS V(A-K) AS DETAILED IN THE ALTERNATIVE
ACTIONS SECTION OF THE STAFF REPORT DATED
FEBRUARY 27, 2001, FURTHER MOVE TO APPROVE WAV 01-02
FOR PETE HALIMI/AEJ TRUST, SUBJECT TO THE CONDITIONS
OF APPROVAL AS DETAILED IN THE STAFF REPORT DATED
FEBRUARY 27, 2001, AS AMENDED, AND WITH AN
ADDITIONAL CONDITION OF APPROVAL WHICH DIRECTS THAT
IN CONJUNCTION WITH THE ISSUANCE OF BUILDING PERMITS
FOR RESIDENTIAL DEVELOPMENT, THE APPLICANTS WILL
PROVIDE A PLAN TO REDUCE PEAK DRAINAGE RUN-OFF BY
100 (A 10o IMPROVEMENT IN DRAINAGE RUN-OFF).
S M
VOTE: 1 Y 2 Y 3 N 4 Y 5 Y (Motion Carried)
Recrular Acrenda
01-061 Substance Abuse and Crime Prevention Act of 2000
(Proposition 36) - consideration of steps to implement the
Substance Abuse and Crime Prevention Act of 2000 by
July 1, 2001. The program is designed to divert nonviolent
persons convicted of drug possession or drug use into treatment
and supervision in lieu of prison - action requested:
1. ADOPT A RESOLUTION WHICH DESIGNATES THE BUTTE COUNTY
DEPARTMENT OF BEHAVIORAL HEALTH AS THE LEAD AGENCY FOR
BUTTE COUNTY'S SUBSTANCE ABUSE AND CRIME PREVENTION ACT
RESPONSIBILITIES, ASSURES THE COUNTY OF BUTTE WILL COMPLY
WITH THE PROVISIONS OF THE ACT, AND DIRECTS THE
ESTABLISHMENT OF A TRUST FUND FOR ACT FUNDS; AND
Page 85 February 27, 2001
February 27, 2001
01-061 2. A. DIRECT THAT AN OVERSIGHT COMMITTEE BE ESTABLISHED
COMPRISED OF MEMBERS FROM THE DEPARTMENTS OF
BEHAVIORAL HEALTH, PROBATION, COURTS, DISTRICT
ATTORNEY, SHERIFF'S OFFICE, PUBLIC DEFENDER, AND
PUBLIC HEALTH; OR
B. DIRECT THE LEAD AGENCY MEET WITH AFFECTED
DEPARTMENTS, AS NEEDED, ON DEVELOPMENT AND
COORDINATION OF THE COUNTY'S PROPOSITION 36 PROGRAM.
(***45)
MOTION: I MOVE TO ADOPT RESOLUTION 01-011 WHICH DESIGNATES THE BUTTE
COUNTY DEPARTMENT OF BEHAVIORAL HEALTH AS THE LEAD AGENCY FOR
BUTTE COUNTY'S SUBSTANCE ABUSE AND CRIME PREVENTION ACT
RESPONSIBILITIES, ASSURES THE COUNTY OF BUTTE WILL COMPLY WITH
THE PROVISIONS OF THE ACT, AND DIRECTS THE ESTABLISHMENT OF A
TRUST FUND FOR ACT FUNDS; AND DIRECT THE LEAD AGENCY MEET WITH
AFFECTED DEPARTMENTS, AS NEEDED, ON DEVELOPMENT AND
COORDINATION OF THE COUNTY'S PROPOSITION 36 PROGRAM.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
01-062 Items removed from the Consent Agenda for Board consideration
and action. (***750)
1. Local Agency Formation Commission (LAFCo) - Budget
Augmentation - Board approval is requested by the Local
Agency Formation Commission to declare the Board's intent
to augment LAFCo's Fiscal Year 2000-2001 budget in the
amount of $24,240, in response to legislation enacted
January 2, 2001, and if deemed necessary by the LAFCo
Executive Officer and the Chief Administrative Officer -
action requested - DECLARE INTENT TO AUGMENT LAFCO FISCAL
YEAR 2000-2001 BUDGET IN THE AMOUNT OF $24,240, IF
NECESSARY.
MOTION: I MOVE TO DECLARE INTENT TO AUGMENT LAFCO FISCAL YEAR 2000-2001
BUDGET IN THE AMOUNT OF $24,240.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 86 February 27, 2001
February 27, 2001
01-062 2. Sheriff's Office - Aviator Night Vision Imaging System -
Board approval is requested by the Sheriff's Office for
the sole source purchase of two AVS-9 Aviator Night
Vision goggles, two flight helmets, and Federal Aviation
Administration (FAA) approved training for two Sheriff's
Office pilots. The total cost of equipment and training
is $27,139, and Board approval is requested for a budget
transfer from the Asset Seizure Trust Fund to provide
funding for the purchase. Board approval is also
requested for the sole source purchase of the equipment
and training from Aviation Specialities Unlimited, Inc.,
of Boise, Idaho, as they provide both the equipment and
the FAA approved training - action requested - APPROVE
SOLE SOURCE PURCHASE OF EQUIPMENT AND TRAINING; AND
APPROVE BUDGET TRANSFER B-196 (4/5 vote required).
MOTION: I MOVE TO APPROVE THE SOLE SOURCE PURCHASE OF EQUIPMENT AND
TRAINING; AND APPROVE BUDGET TRANSFER B-196.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
3. Justice Benefits, Inc. (JBI) - Board approval is
requested by the Sheriff's Office to accept and
appropriate unanticipated funds received as a result of
collection efforts by Justice Benefits, Inc., pursuant to
the State Criminal Alien Assistance Program. JBI has
obtained $119,471 in funds under the program, and Board
approval is requested to accept and appropriate the funds
as follows: transfer $26,283 to provide for payment of
the agreement with JBI; and transfer $45,021 to the
Sheriff's budget to provide for completion of the
Sheriff's Substation project. The Sheriff will request
the remaining $48,167 be appropriated later this fiscal
year for additional renovation projects - action
requested - APPROVE BUDGET TRANSFER B-214 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE.
MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-214 ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 87 February 27, 2001
February 27, 2001
01-062 4. California Law Enforcement Equipment Program - Board
approval is requested by the Sheriff's Office to accept
and appropriate $170,536 in grant funds received from the
State Controller's Office for the California Law
Enforcement Equipment Program. The Sheriff's Office is
proposing to combine the funds with $45,021 received from
Justice Benefits, Inc., to fund a project which will
provide computer capability to each of the Sheriff's
Substations. The project will allow deputies at the
substations to access the Records Management System,
Computer Aided Dispatch, and the Jail Management System.
Board approval is also requested to purchase the
equipment and software needed to complete the project, as
detailed in the agenda report, and to authorize the
Auditor-Controller to create a sub-account to appropriate
the funds into proper line item areas - action
requested - APPROVE BUDGET TRANSFER B-215 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE; APPROVE PURCHASE OF FIXED ASSET COMPUTER ITEMS
IN SUPPORT OF THE PROGRAM; AND AUTHORIZE THE CREATION OF
A SUB-ACCOUNT FOR THE PROJECT.
MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-215 ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE; APPROVE PURCHASE OF FIXED
ASSET COMPUTER ITEMS IN SUPPORT OF THE PROGRAM; AND AUTHORIZE
THE CREATION OF A SUB-ACCOUNT FOR THE PROJECT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 88 February 27, 2001
February 27, 2001
01-062 5. Mentally Ill Offender Crime Reduction Grant - Board
approval is requested by the Sheriff's Office for a grant
application to the California Board of Corrections, under
the Mentally Ill Offender Crime Reduction Act, for funds
to support a research program. The program is designed to
support locally developed strategies for curbing
recidivism among adult mentally ill offenders. The total
grant request is approximately $2,352,000 for a three
year period, with a match of approximately $2,015,000.
The match will be provided through the utilization of
existing services currently provided to the target
population. The grant proposes 2 Mental Health Clinician
positions, 2 Deputy Sheriff positions, 2 Probation
Officer positions, 3.5 Mental Health Counselor positions,
1 half-time Court Administrator position, 1 one-fifth
time Psychiatrist position, and 1 support staff position.
A requirement of the grant is a resolution assuring the
County will adhere to the Board of Corrections'
requirements and terms for expenditure of the funds, that
the Sheriff appoint and chair a strategy committee, and
that the County participate in the collection of required
common research data, program evaluation activities, and
conduct an evaluation of their proposed project - action
requested - APPROVE SUBMISSION OF GRANT APPLICATION;
ADOPT A RESOLUTION AS REQUIRED BY THE GRANT AND AUTHORIZE
THE CHAIR TO SIGN; AND AUTHORIZE THE SHERIFF-CORONER TO
SIGN ALL DOCUMENTS RELATED TO THE GRANT.
MOTION: I MOVE TO ADOPT RESOLUTION 01-012 AS REQUIRED BY THE GRANT AND
AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE SHERIFF-CORONER
TO SIGN ALL DOCUMENTS RELATED TO THE GRANT.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
6. Adoption of a Salary Ordinance Amendment - the
Administrative Office has requested the Personnel
Department prepare a salary ordinance amendment which
will increase the salary range for the position of
Executive Secretary to the Chief Administrative Officer
by 10o in response to a class/compensation study -
action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 2-13-01 [3.27])
MOTION: I MOVE TO ADOPT ORDINANCE 3693 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 89 February 27, 2001
February 27, 2001
01-062 7. Adoption of a Salary Ordinance Amendment - the District
Attorney has requested the Personnel Department prepare
a salary ordinance amendment which adds two positions of
District Attorney Senior Investigator to the District
Attorney-Welfare Fraud division to provide for a
supervision structure within the division. Once the
positions are filled, the department will delete two
positions of District Attorney Investigator II/I -
action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 2-13-01 [3.29])
MOTION: I MOVE TO ADOPT ORDINANCE 3694 AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
8. Adoption of a Salary Ordinance Amendment - the Personnel
Department has prepared a salary ordinance amendment
which sets the annual salary rate for the new Director of
Personnel at $84,846, effective February 17, 2001 -
action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 2-13-01 [3.30])
9. Adoption of a Salary Ordinance Amendment - the Personnel
Department has prepared a salary ordinance amendment
which adjusts the salary range for the position of
Assistant Director of Personnel (Step 1 $27.96 - Step 5
$33.99) in response to the change in salary rate for the
new Director of Personnel. The assistant department
heads' salaries are set based on the department heads'
salaries . With the new salary rate for the Director of
Personnel, an adjustment was required for the Assistant
Director of Personnel position - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-13-01
[3.31] )
MOTION: I MOVE TO ADOPT ORDINANCE 3695 AND 3696 AND AUTHORIZE THE CHAIR
TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 90 February 27, 2001
Februarv 27, 2001
01-062
MOTION:
VOTE
MOTION:
VOTE
10. Adoption of a Salary Ordinance Amendment - the
Development Services Department has requested the
Personnel Department prepare a salary ordinance amendment
which will increase the salary range for the position of
Geographic Information System (G.I.S.) Manager, setting
the position's salary range at 5o below the salary range
of Senior Planner. The adjustment was to be included in
the comprehensive adjustments included in the last
Memorandum of Understanding, but was inadvertently
overlooked - action requested - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 2-13-01 [3.28])
I MOVE TO ADOPT ORDINANCE 3697 AND AUTHORIZE THE CHAIR TO SIGN.
S M
1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
11. William Avery and Associates - Board approval is
requested by the Administrative Office and Personnel
Department for an agreement with William Avery and
Associates for negotiation and consulting services for
employer-employee relations. The term of the agreement
is February 1, 2001, until terminated by either party,
with a monthly compensation amount of $3,600, and
reimbursement of reasonable travel expenses (Personnel
Department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11948)
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)
01-063
Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING
ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.) (***2096)
1. RICHARD PRICE, AGRICULTURAL COMMISSIONER, THANKS THE
BOARD FOR THE RESOLUTION OF APPRECIATION.
2. SUPERVISOR DOLAN INFORMS THE BOARD THAT AT THE ECONOMIC
DEVELOPMENT CORPORATION'S (EDC's) BOARD MEETING OF
FEBRUARY 26, 2001, A VERY PRODUCTIVE DISCUSSION WAS HELD
REGARDING THE BUSINESS AND RESEARCH PARK SITING CRITERIA,
AND POTENTIAL LOCATIONS. THE ECONOMIC DEVELOPMENT
CORPORATION APPOINTED A COMMITTEE MADE UP OF THE
SUPERVISORIAL APPOINTEES TO THE EDC TO WORK WITH THE
DEVELOPMENT SERVICES DEPARTMENT FOR REFINEMENT,
SELECTION, AND REPORTING, AND SET A TIME FRAME TO MOVE
THE ITEM FORWARD IN AN EXPEDITIOUS MANNER.
3. CHAIR JOSIASSEN INFORMS THE BOARD THAT AT THE ARB MEETING
OF FEBRUARY 26, 2001, THE CHAIR OF THE BCC COUNCIL MET
WITH MR. KENNY FROM ARB, AND WAS SUCCESSFUL IN PRESERVING
THE RICE INDUSTRIES ERCs FOR APPROXIMATELY 400,000 ACRES.
Page 91 Februarv 27, 2001
February 27, 2001
01-064 CLOSED SESSION: THE BOARD ADJOURNED AT 1:10 P.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) IELATI
VS. COUNTY OF BUTTE; CONFERENCE WITH LEGAL
COUNSEL REGARDING INITIATION OF LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION
54959.9(c) ONE POTENTIAL CASE; PUBLIC
EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957: DIRECTOR-
DEVELOPMENT SERVICES; CONFERENCE WITH LABOR
NEGOTIATORS PURSUANT TO GOVERNMENT CODE
SECTION 54957.6: AGENCY NEGOTIATORS: JEANNE
GRAVETTE AND BILL AVERY; EMPLOYEE
ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY
MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT,
CONFIDENTIAL AND SUPERVISORY UNIT);
COMMUNICATION WORKS OF AMERICA (SOCIAL
SERVICES WORKERS UNIT); BUTTE COUNTY
PROFESSIONAL UNIT; BUTTE COUNTY DEPUTY
SHERIFFS ASSOCIATION (GENERAL AND MANAGEMENT
AND SUPERVISORY UNITS); AND BUTTE COUNTY
CORRECTIONAL OFFICERS ASSOCIATION (GENERAL AND
MANAGEMENT AND SUPERVISORY UNITS); AND
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54956.8:
PROPERTY: 6626 SKYWAY, PARADISE; AGENCY
NEGOTIATOR: JOHN BLACKLOCK; NEGOTIATING
PARTIES: COUNTY OF BUTTE AND PARADISE
RECREATION AND PARK DISTRICT; UNDER
NEGOTIATION: PRICE AND TERMS OF PAYMENT.
(***2240)
Page 92 February 27, 2001
February 27, 2001
01-062 RECONVENE: THE BOARD RECONVENED AT 5:01 P.M. FROM A
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) IELATI
VS. COUNTY OF BUTTE; CONFERENCE WITH LEGAL
COUNSEL REGARDING INITIATION OF LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION
54959.9(c) ONE POTENTIAL CASE; PUBLIC
EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO
GOVERNMENT CODE SECTION 54957: DIRECTOR-
DEVELOPMENT SERVICES; CONFERENCE WITH LABOR
NEGOTIATORS PURSUANT TO GOVERNMENT CODE
SECTION 54957.6: AGENCY NEGOTIATORS: JEANNE
GRAVETTE AND BILL AVERY; EMPLOYEE
ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY
MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT,
CONFIDENTIAL AND SUPERVISORY UNIT);
COMMUNICATION WORKS OF AMERICA (SOCIAL
SERVICES WORKERS UNIT); BUTTE COUNTY
PROFESSIONAL UNIT; BUTTE COUNTY DEPUTY
SHERIFFS ASSOCIATION (GENERAL AND MANAGEMENT
AND SUPERVISORY UNITS); AND BUTTE COUNTY
CORRECTIONAL OFFICERS ASSOCIATION (GENERAL AND
MANAGEMENT AND SUPERVISORY UNITS); AND
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54956.8:
PROPERTY: 6626 SKYWAY, PARADISE; AGENCY
NEGOTIATOR: JOHN BLACKLOCK; NEGOTIATING
PARTIES: COUNTY OF BUTTE AND PARADISE
RECREATION AND PARK DISTRICT; UNDER
NEGOTIATION: PRICE AND TERMS OF PAYMENT.
(***2318 [NO ANNOUNCEMENTS])
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE
BOARD, THE MEETING WAS ADJOURNED AT 5:01 P.M.,
TO RECONVENE AT A REGULAR MEETING OF THE BOARD
TO BE HELD ON TUESDAY, MARCH 13, 2001, AT
9:00 A.M.
CURT JOSIASSEN, CHAIR
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
Page 93 February 27, 2001