HomeMy WebLinkAboutM031103BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-MARCH 11, 2003
Called to Order at 9:06 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 Wes Bristol, Magalia Community Church, Magalia.
CORRECTIONS AND~OR CHANGES TO THE AGENDA (67)
03 -0 69 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION OR ACTION. (7 2)
1. Courthouse Certificates of Participation Refunding -pursuant
to Board direction, the Treasurer-Tax Collector has completed
the necessary steps to finalize the refinancing of the
existing 1993 Justice Facility Project (Courthouse)
Certificates of Participation. The refinancing will result
in a net savings to the County in excess of $150,000 over the
remaining life of the bonds - action requested - AUTHORIZE
THE TREASURER-TAX COLLECTOR TO FINALIZE THE REFUNDING OF THE
1993 JUSTICE FACILITY CERTIFICATES OF PARTICIPATION; AND
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
THIS ITEM REMOVED WITHOUT BOARD CONSIDERATION OR ACTION. THE
ITEM IS SCHEDULED TO BE AMENDED AND RETURN ON A SUBSEQUENT
AGENDA.
CONSENT AGENDA
03-070 1. 7th Avenue Center - Amendment - approval is requested for an
amendment to the agreement with 7th Avenue Center for the
provision of 24-hour skilled nursing services for at-risk
clients. The amendment increases the maximum amount payable
by $21,328.75 (department budget) for additional clients and
service hours. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13796)
2. Community Living Centers/JOBS PLUS - Amendment - approval is
requested for an amendment to the agreement with Community
Living Centers/JOBS PLUS for the provision of vocational
experience to clients of the Oroville Outpatient Program.
The amendment provides for revisions to the Service Proposal.
All other terms and provisions, including maximum amount
payable, remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contact No. X13633)
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03-070
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3. Crestwood Behavioral Health, Inc. - Amendment - approval is
requested for an amendment to the agreement with Crestwood
Behavioral Health, Inc., for the provision of Institutes for
Mental Disease and Enhancement services. The amendment
decreases the maximum amount payable by a total of $35,351.78
within various service areas for fiscal year 2002-2003. All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. 11075)
4. Merced Manor - Amendment - approval is requested for an
amendment to the agreement with Merced Manor for the
provision of community mental health services for chronic
mentally disordered patients. The amendment increases the
maximum amount payable by $14,023.03 (department budget) to
provide services to additional clients. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13666)
5. Skyway House - Amendment - approval is requested for an
amendment to the agreement with Skyway House for the
provision of day services and long-term residential recovery
services. The amendment increases the maximum amount payable
by $1,777.50 (department budget) to provide services to
additional clients. All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13629)
6. 18A and 18B County Center Drive - Facilities Modification
Budget Transfer - approval is requested to transfer $161,269
of department funds to provide for facilities modifications
to the offices located at 18A and 18B County Center Drive,
Oroville - action requested - APPROVE BUDGET TRANSFER B-318
(4/5 vote required); AND APPROVE INCREASE IN COUNTY
FACILITIES SERVICES ISF (720.001).
7. Facilities Master Plan Steering Committee - Supervisor
Josiassen submits District 4 Representatives to the
Facilities Master Plan Steering Committee - action
requested - APPOINT ED BECKER AND MIKE BOTTORFF, DISTRICT 4
REPRESENTATIVES.
8. Bangor Cemetery District Appointments - the District has
submitted recommendations for trustee appointments - action
requested - REAPPOINT KEN SARNECKI, DIANNA LINK, AND NOREEN
RICE, TRUSTEES, TO TERMS TO END JANUARY 1, 2007.
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-MARCH 11, 2003
03-070 9. Demolition of Existing Structure - approval is requested for
a resolution directing demolition of the structure located
on an historically flood-prone parcel of property acquired
by the County under the Hazard Mitigation Grant Program. The
property is located at 13898 Highway 99, Chico. Under
federal regulations, properties acquired under the Hazard
Mitigation Grant Program, from which structures are removed,
are to be dedicated and maintained in perpetuity for uses
compatible with open space, recreational, or wetlands
management practices, and that a restrictive covenant be
recorded which encumbers the property in accordance with the
restrictions. The proposed resolution directs demolition of
the existing structure on the property and authorizes the
Clerk of the Board to record the deed restriction - action
requested - ADOPT RESOLUTION 03-039 AND AUTHORIZE THE CHAIR
TO SIGN; AND DIRECT THE RECORDING OF THE DEED RESTRICTION.
10. Introduction of an Ordinance Correcting the Legal Description
of Ordinance 3767 - approval is requested for an ordinance
which will correct the legal description attached to
Ordinance 3767, an ordinance zoning a portion of the County
of Butte, State of California, a C-1 (Light Commercial)
district, pursuant to section 24-25.40 of the Butte County
Code. On September 11, 2001, the Board approved a
Conditional Rezone of 8 +/- acres of land on the northwest
corner of Highway 99 and B Street in the Biggs area to C-1
(Light Commercial). Subsequent to the approval of the
project an error was discovered in the legal description of
the area rezoned. The proposed ordinance will correct the
legal description. Staff is also requesting the Board
approve a revised Conditional Zoning Agreement containing the
corrected legal description - action requested - FIND THAT
THIS PROJECT CORRECTS THE LEGAL DESCRIPTION CONTAINED IN A
PREVIOUSLY APPROVED REZONE AND CONDITIONAL ZONING AGREEMENT.
AN INITIAL STUDY WAS PERFORMED FOR THE PREVIOUS PROJECT AND
MITIGATION MEASURES WERE INCORPORATED INTO CONDITIONS OF THE
PROJECT APPROVAL. THE CHANGE TO THE LEGAL DESCRIPTION WILL
NOT HAVE ANY IMPACTS ON THE ENVIRONMENT; WAIVE THE READING
OF THE ORDINANCE; AND AUTHORIZE THE CHAIR TO SIGN A
CONDITIONAL ZONING AGREEMENT CONTAINING A CORRECTED LEGAL
DESCRIPTION.
11. Keith Long - Amendment - approval is requested for an
amendment to the agreement with Keith Long for the provision
of plan check services for the Building Division. The
amendment extends the term of the agreement through
June 30, 2004, and increases the maximum amount payable by
$20,000 (department budget). All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X13804)
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03-070 12. California Department of Insurance-Auto Insurance Fraud
Program - Grant Revenue - approval is requested to accept
$113,682 in additional grant revenue received from the
California Department of Insurance for the Auto Insurance
Fraud Program. The department is proposing to appropriate
$27,478 of the unanticipated revenue into the fiscal year
2002-2003 budget and to allocate the remaining $86,204 into
a trust fund to fund the program in fiscal year 2003-2004.
Board approval is also requested to accept and appropriate
$33,027 in fiscal year 2001-2002 carryover funds into the
fiscal year 2002-2003 budget - action requested - APPROVE
BUDGET TRANSFER B-325 (4/5 vote required) ACCEPTING,
APPROPRIATING AND ALLOCATING UNANTICIPATED GRANT REVENUE AS
DETAILED IN THE AGENDA REPORT.
13. California Department of Insurance-Workers' Compensation
Insurance Fraud Program - Grant Revenue - approval is
requested to accept $111,803 in additional grant revenue
received from the California Department of Insurance for the
Workers' Compensation Insurance Fraud Program. The
department is proposing to allocate the funds into a trust
fund to fund the program in fiscal year 2003-2004. Board
approval is also requested to transfer $65,682 from the
General Fund Appropriation for Contingencies to correct an
accounting error which transferred fiscal year 2001-2002
carryover grant funds to the General Fund. The department
is proposing to utilize the fiscal year 2001-2002 carryover
funds in the current fiscal year. The department is also
requesting Board approval for the fixed asset purchase of
equipment in the amount of $20,172 to outfit an existing
vehicle to industry standards for fraud investigations and
evidence gathering - action requested - APPROVE BUDGET
TRANSFER B-324 (4/5 vote required) ACCEPTING, APPROPRIATING
AND ALLOCATING UNANTICIPATED GRANT REVENUE AS DETAILED IN THE
AGENDA REPORT AND TRANSFERRING, ACCEPTING AND APPROPRIATING
$65,682 FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES
AS DETAILED IN THE AGENDA REPORT; AND APPROVE THE PURCHASE
OF FIXED ASSET EQUIPMENT IN THE AMOUNT OF $20,172.
14. Northern California Youth and Family Programs - Amendment -
approval is requested for an amendment to the agreement with
Northern California Youth and Family Programs for the
administration and provision of a receiving home/emergency
shelter program. The amendment increases the maximum amount
payable by $25,000 ($12,500 Promoting Safe and Stable
Families Family Preservation Funds/$12,500 Promoting Safe and
Stable Families Family Support Funds). All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13135)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-MARCH 11, 2003
03-070 15. Zasio Enterprises, Inc. - approval is requested for an
agreement with Zasio Enterprises, Inc., for the installation
and upgrade of Versatile Enterprise Software. The software
will be used as a file management tracking system for Adult
and Children's Services. The agreement is an open ended
agreement starting February 4, 2003, with a maximum amount
payable of $29,228.60 (department budget). Annual support
costs will be budgeted each year - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X14029 )
16. Courthouse Expansion Project - Budget Transfer - approval is
requested to accept and appropriate $3,315 received from the
Superior Court of California, County of Butte, for payment
of architectural services for the Courthouse Expansion
Project - action requested - APPROVE BUDGET TRANSFER B-322
(4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
17. DLR Group, Inc. - Amendment - approval is requested for an
amendment to the agreement with DLR Group, Inc., for the
provision of architectural and engineering services for the
Courthouse Expansion Project. The amendment revises the
scope of work to include design of the north parking lot,
increased holding area size, adding an external transfer
corridor, and development of a public waiting area. The
amendment also increases the maximum amount payable by
$25,350 for the additional work. The cost of the agreement
increase will be funded by the Superior Court of California,
County of Butte - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-MARCH 11, 2003
03-070 18. Resolution to Amend the Salary Ordinance - approval is
requested for a resolution which will amend the salary
ordinance as follows: DISTRICT ATTORNEY-CRIMINAL - adds one
sunset position of Paralegal, one flexibly staffed sunset
position of Office Assistant III/II/I, one flexibly staffed
sunset position of District Attorney Investigator II/I, and
one flexibly staffed sunset position of Deputy District
Attorney IV/III/II/I. All positions sunset 6-30-03 and are
in support of the California Department of Insurance Auto
Insurance Fraud and Workers' Compensation Insurance Fraud
Programs. PUBLIC HEALTH-GENERAL SERVICES - deletes two and
a half positions of Public Health Nurse Practitioner/Public
Health Nurse III/II/I and adds two and a half positions of
Certified Nurse Practitioner/ Public Health Nurse III/II/I.
BEHAVIORAL HEALTH-GENERAL SERVICES - deletes one position of
Supervisor-Mental Health Nurse and one position of
Supervisor-Mental Health Clinician and adds one position of
Certified Nurse Practitioner and one position of Supervisor-
Mental Health Counselor. LIBRARY - deletes one position of
Librarian II and adds one flexibly staffed position of
Librarian II/I. SALARY PLANS FOR LAW ENFORCEMENT (REFERENCE
D AND E) - reduces the salary for the District Attorney
Investigator classifications by 20, effective March 15, 2003,
as a result of the implementation of the 3o at 50 retirement
benefit. SALARY PLAN FOR CLASSIFIED POSITIONS (REFERENCE
F) - sets the salary range for the Assistant Chief Probation
Officer at $32.37-$39.34, retroactive to July 6, 2002.
SALARY PLAN FOR CLASSIFIED POSITIONS (REFERENCE G) - changes
the job title of the classification of Public Health Nurse
Practitioner to Certified Nurse Practitioner - action
requested - ADOPT RESOLUTION 03-040 AND AUTHORIZE THE CHAIR
TO SIGN.
19. Modify Fixed Assets - approval is requested for modifications
to the fixed assets approved for purchase in the fiscal year
2002-2003 budget. The department is proposing to purchase
alternative equipment as a result of changes in network
technology. The department will delete the purchase of a
central switch, T-1 interface module and a fire wall system
in the amount of $153,450 and replace it with the purchase
of 10 ML series servers, a 7200 series router module, a UPS
power backup unit, server racks and air conditioners in the
amount of $153,450 - action requested - APPROVE MODIFICATION
TO FIXED ASSETS APPROVED FOR PURCHASE IN THE FISCAL YEAR
2002-2003 FINAL BUDGET AS DETAILED IN THE AGENDA REPORT.
20. Library Book Trust Fund - Budget Transfer - approval is
requested to transfer $50,000 from the Library Book Trust
Fund to the Library's budget for the purchase of books -
action requested - APPROVE BUDGET TRANSFER B-321 (4/5 vote
required) ACCEPTING AND APPROPRIATING TRUST FUND REVENUE AS
DETAILED IN THE AGENDA REPORT.
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03-070 21. California Department of Health Services - AIDS Master Grant
Agreement -Amendments - approval is requested for amendments
to the Revenue Agreements with the California Department of
Health Services for funds to perform a variety of AIDS
related services. Evaluating Local Interventions is one of
the programs funded under the Master Agreement and the State
has made an additional $1,534 available for fiscal year 2002-
2003. The additional funding will allow for the Memorandum
of Understanding for the Evaluating Local Interventions
program to be extended through June 30, 2003. Changes to the
Memorandum of Understanding will result in a change to the
Master Grant Agreement in the same amount. Board approval
is requested to approve amendments to both agreements to
reflect the increased funding - action requested - APPROVE
AGREEMENT AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR
THE EVALUATING LOCAL INTERVENTIONS PROGRAM AND AUTHORIZE THE
DIRECTOR OF PUBLIC HEALTH TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE AMENDMENT TO
AIDS MASTER GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract Nos. R40331 and R40507)
22. California Department of Health Services - approval is
requested for a revenue agreement with the California
Department of Health Services for funds to support
immunization activities for infants and children. The term
of the agreement is January 1, 2003, through
December 31, 2003, with a maximum amount payable to the
County of $61,530 (1000 State funds) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
23. Purchase of Vehicle - approval is requested to purchase a
compact 4 x 4 sport utility vehicle or extended cab pickup
for the solid waste enforcement division of Environmental
Health. The Public Health Department has been awarded a
Local Enforcement Grant in the amount of $19,751 from the
California Integrated Waste Management Board and will utilize
the grant funds for the vehicle purchase - action requested -
APPROVE BUDGET TRANSFER B-319 (4/5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED GRANT REVENUE AS DETAILED IN
THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF A
VEHICLE FOR THE SOLID WASTE ENFORCEMENT DIVISION.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-MARCH 11, 2003
03-070 24. Contribution to the Town of Paradise - Paradise Vegetative
Waste Collection Facility - approval is requested to
contribute $5,000 to the Town of Paradise to help fund the
Paradise Vegetative Waste Collection Facility. The facility
is a collection service targeting green and/or yard waste and
is part of the efforts designed to comply with AB 939. The
facility is utilized by residents of the Town of Paradise and
residents in the unincorporated areas on the Paradise Ridge.
The Solid Waste Committee supports the request for the $5, 000
contribution. The contribution will be funded by Neal Road
Landfill Management Fund funds - action requested - APPROVE
MONETARY CONTRIBUTION OF $5,000 TO THE TOWN OF PARADISE AND
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO FACILITATE REQUEST.
25. Golder Associates, Inc. - Amendment - approval is requested
for an amendment to the agreement with Golder Associates,
Inc., for the preparation of a leachate impoundment design
report and associated construction documents in support of
the Module 4, Phase I Expansion at the Neal Road Landfill.
The proposed amendment provides for the design of a
sedimentation basin at the west end of the landfill to
mitigate potential off-site sedimentation transport, and
increases the maximum amount payable by $73,042 (Neal Road
Landfill Management Fund) for the additional work. 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. X13440)
26. California Vocations, Inc. - approval is requested for an
agreement with California Vocations, Inc., for the provision
of curbside recycling services in Paradise and the Upper
Ridge area. The term of the agreement is October 1, 2002,
through September 30, 2005, with a maximum amount payable of
$150,700 (Neal Road Landfill Management Fund) for the multi-
year term - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13991)
27. Blossom Estates Subdivision - Final Map - Blossom Estates
Subdivision is a conditionally approved sixteen lot public
street subdivision totaling 16.8 acres located on the
southeast corner of Durham Dayton Highway and Turner Lane in
the community of Durham. The property owners have complied
with all Conditions of Approval and have posted an
Irrevocable Letter of Credit to ensure that all road and
drainage facilities will be constructed to County standards.
County Service Area No. 177 has been established to provide
street lighting and drainage - action requested - APPROVE
FINAL MAP; ACCEPT THE FEE SIMPLE GRANT TO DURHAM DAYTON
HIGHWAY, SUNSUP LANE, AND SOUTHWIND COURT AS SHOWN IN ITEM
"A" OF THE OWNER'S STATEMENT; ACCEPT RELINQUISHMENT OF
ABUTTER'S RIGHTS OF ACCESS ALONG DURHAM DAYTON HIGHWAY AS
SHOWN IN ITEM "D" OF THE OWNER'S STATEMENT; ACCEPT ON BEHALF
OF THE ENTITIES NAMED THE DEDICATIONS SHOWN IN ITEMS "B" AND
"C" OF THE OWNER'S STATEMENT; AND AUTHORIZE THE CHAIR TO SIGN
THE SUBDIVISION AGREEMENT.
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BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES-MARCH 11, 2003
03-070 28. Public Works Maintenance Yard Repairs - Budget Transfer -
approval is requested for a transfer of $14,412 of department
funds to provide for payment of repairs to the building in
the Paradise maintenance yard which was damaged during a
storm in December 2002 - action requested - APPROVE BUDGET
TRANSFER B-320 (4/5 vote required) AS DETAILED IN THE AGENDA
REPORT .
29. Chico Substation - Facilities Maintenance Budget Transfer -
approval is requested to transfer $2,781 of department funds
to provide for the removal of asbestos the and the
installation of carpet in the Chico Substation - action
requested - APPROVE BUDGET TRANSFER B-317.
30. Sheriff's Office Communications Reserve - Charter - approval
is requested for a Charter for the Butte County Sheriff's
Office Communications Reserve. The charter will revise the
organization for the group, which functions as backup
communications personnel during emergencies and disasters,
to satisfy requirements needed to establish a nonprofit tax
exempt corporation to fund emergency communications needs and
to make the unit eligible for federal funds when available -
action requested - APPROVE CHARTER AND AUTHORIZE THE CHAIR
TO SIGN THE APPROVALS AND CONCURRENCES. (85)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM
3.31.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
REGULAR AGENDA
03-071 Appointments to Boards, Commissions and Committees. (90)
1. Appointments to Listed Vacancies. (NONE)
03-072 Report to the Board - Nuisance Abatement Program - update on the
status of the program - action requested - ACCEPT FOR INFORMATION.
(95)
REPORT TO THE BOARD BY YVONNE CHRISTOPHER, DIRECTOR-DEVELOPMENT
SERVICES.
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BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES-MARCH 11, 2003
03-073 Integrated Groundwater Management Program and Plan Ordinance -
consideration of a proposed ordinance that is intended to: 1)
identify and implement, on a comprehensive and integrated basis,
existing County ordinances and land use planning policies and
their applicability and effect on groundwater management and
regulation within the County; 2) protect the groundwater resources
within the County through the management and regulation of
groundwater pursuant to the County' s police power and land use
authority; 3) coordinate and cooperate with local water agencies
and purveyors and groundwater users within the County; and 4)
provide a minimum and uniform standard of groundwater protection
within the County - action requested - FIND THAT THE ORDINANCE IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCESS; AND
DIRECT STAFF TO CONTINUE MEETING WITH MEMBERS OF THE PUBLIC TO
RECEIVE INPUT ON THE CONTENTS OF THE ORDINANCE AND/OR WAIVE
READING OF THE ORDINANCE. (611)
MOTION: I MOVE TO FIND THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT PROCESS; DIRECT STAFF TO CONTINUE
MEETING WITH MEMBERS OF THE PUBLIC TO RECEIVE INPUT ON THE
CONTENTS OF THE ORDINANCE; AND WAIVE READING OF THE ORDINANCE.
THE BOARD NOTED THAT WHEN FUTURE ORDINANCES REGARDING
GROUND/SURFACE WATER AND/OR FUTURE WATER PLANS COME FORWARD FOR
CONSIDERATION, THE BOARD WILL CONSIDER CLUSTERING THOSE WITH THE
PROPOSED ORDINANCE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-074 Items Removed from the Consent Agenda for Board Consideration and
Action. (2011) (NONE)
RECESS: 10:07 A.M.
RECONVENE: 10:18 A.M.
PUBLIC HEARINGS AND TIMED ITEMS
03-075 Public Hearing and Timed Item - Community Development Block Grant
Income and Southside Oroville Community Center. (2049)
1. Timed Item:
A. Update on the Southside Oroville Community Center -
report to the Board on the status of the Southside
Oroville Community Center Project - action requested -
ACCEPT FOR INFORMATION.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-MARCH 11, 2003
03-075 PRESENTATION TO THE BOARD BY STARLYN BROWN, ASSISTANT CHIEF
ADMINISTRATIVE OFFICER; BILL FINLEY, EXECUTIVE DIRECTOR-
PRIVATE INDUSTRY COUNCIL AND FACILITY MANAGER FOR THE
SOUTHSIDE OROVILLE COMMUNITY CENTER; KATE MCCRACKEN, BUTTE
COUNTY BEHAVIORAL HEALTH; HEATHER SENSKE, BUTTE COUNTY OFFICE
OF EDUCATION; RICK PARIAN, COMMUNITY ACTION AGENCY-HEAD START
PROGRAM; BARBARA ALDERSON, ON BEHALF OF DIANE COOPER, PEG
TAYLOR CENTER; AND PERRY RENIFF, BUTTE COUNTY SHERIFF-
CORONER.
2. Public Hearing - consideration of a proposed amendment to
Community Development Block Grant (CDBG) Grant No. 02-EDBG-
874 to authorize the transfer of up to $650,000 in Program
Income to assist with funding the following eligible
activities: 1) Veterans Memorial Hall Expansion Plan
Feasibility Study (up to $35,000); 2) Purchase of Land for
Low/Moderate Housing (874 E. 20th Street, Chapman) (up to
$160,000); and 3) Southside Oroville Community Center
Outstanding Building Improvements (up to $455,000); -actions
requested - OPEN PUBLIC HEARING TO CONSIDER:
A. Amendment of County Program Income Reuse Plan - the
allocation of CDBG funds for the purchase of land for
purposes of constructing low/moderate housing will
require the Board to amend the program income reuse
plan by adding the following language, "Section V(G):
The purchase of property for the purpose of providing
low/moderate housing." - action requested - APPROVE
AMENDMENT TO COUNTY REUSE PLAN GOVERNING THE USE OF
PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANTS.
B. Consideration of the Amendment of CBDG Open Grant No.
02-EDBG-874 - to authorize the transfer of up to
$650,000 of CDBG Program Income to assist with funding
several CDBG eligible activities. The Program Income
will be allocated as follows: 1) Veterans Memorial Hall
Expansion Plan Feasibility Study ($35,000); 2) Purchase
of Land (874 E. 20th Street, Chapman) for Low/Moderate
Housing ($160,000); and 3) Southside Oroville Community
Center Outstanding Building Improvements ($455,000) -
action requested - AUTHORIZE PROPOSED USE OF $650,000
OF PROGRAM INCOME AND APPROVE BUDGET TRANSFER B-326;
AND ADOPT RESOLUTION ADOPTING AN AMENDMENT TO CDBG
GRANT NO. 02-EDBG-874 TO INCLUDE THE ALLOCATION OF CDBG
PROGRAM INCOME FOR ADDITIONAL CDBG ELIGIBLE ACTIVITIES
AND AUTHORIZE THE CHAIR TO SIGN. (3418)
PUBLIC HEARING OPENED: 10:49 A.M.
PUBLIC HEARING CLOSED: 10:50 A.M.
MINUTES PacE ll MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES-MARCH 11, 2003
03-075 MOTION: I MOVE TO APPROVE AN AMENDMENT TO THE COUNTY REUSE PLAN
GOVERNING THE USE OF PROGRAM INCOME FROM COMMUNITY
DEVELOPMENT BLOCK GRANTS; AND FURTHER MOVE TO AUTHORIZE
THE PROPOSED USE OF $650,000 OF PROGRAM INCOME AND
APPROVE BUDGET TRANSFER B-326; AND ADOPT RESOLUTION 03-
041 ADOPTING AN AMENDMENT TO CDBG GRANT NO. 02-EDBG-874
TO INCLUDE THE ALLOCATION OF CDBG PROGRAM INCOME FOR
ADDITIONAL CDBG ELIGIBLE ACTIVITIES AND AUTHORIZE THE
CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Timed Item:
A. Award of Bid - bids have been received for landscaping the
Southside Oroville Community Center, with the low bidder
meeting specifications being JMS & Associates in the amount
of $164,688 - action requested - APPROVE BUDGET TRANSFER B-
328 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE FOR THE
LANDSCAPING PROJECT; AND APPROVE AGREEMENT WITH JMS &
ASSOCIATES AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (3624)(**00)
MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-328 ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE FOR THE LANDSCAPING PROJECT.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPROVE AGREEMENT WITH JMS & ASSOCIATES 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)
03-076 Public Hearing - County Service Area No. 149 (Biggers
Subdivision) - Protest Hearing and Ballot Proceeding - on January
14, 2003, the Board adopted Resolution No. 03-005, setting a
public hearing to conduct a protest hearing and ballot proceeding
to consider an increase in per parcel service charges for County
Service Area (CSA) No. 149 - action requested - OPEN PUBLIC
HEARING; REQUEST PROPERTY OWNER PROTESTS AND/OR BALLOTS; CLOSE
HEARING; REQUEST PROTEST AND BALLOT RESULTS FROM THE CLERK OF THE
BOARD; AND IF A MAJORITY PROTEST DOES NOT EXIST, AND THE MAJORITY
OF BALLOTS ARE IN FAVOR OF THE INCREASE, ADOPT A RESOLUTION
APPROVING THE INCREASED SERVICE CHARGE AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 1-14-03 [3.47]) (**245)
PUBLIC HEARING OPENED: 10:56 A.M.
PUBLIC HEARING CLOSED: 10:59 A.M.
TOTAL NUMBER OF ELIGIBLE PARCELS/BALLOTS: 30
TOTAL BALLOTS RETURNED: 21
TOTAL PROTESTS: 0
TOTAL NUMBER OF VOTES YES: 17
TOTAL NUMBER OF VOTES NO: 4
MINUTES PacE 12 MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-MARCH 11, 2003
03-076 NO MAJORITY PROTEST RECEIVED AND MAJORITY BALLOTS CAST IN FAVOR OF
THE PROPOSED PER PARCEL SERVICE CHARGE INCREASE.
MOTION: I MOVE TO ADOPT RESOLUTION 03-042 APPROVING THE INCREASED SERVICE
CHARGE AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-077 Public Hearing - Rename Road - on February 25, 2003, the Board
adopted Resolution of Intention No. 03-034, proposing to rename
Christopher J. Court, from La Mirada Avenue to the end, to Palm
Vista Lane - action requested - ADOPT RESOLUTION APPROVING NAME
CHANGE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-25-03 [3.30])
(**402)
PUBLIC HEARING OPENED: 11:02 A.M.
PUBLIC HEARING CLOSED: 11:02 A.M.
MOTION: I MOVE TO ADOPT RESOLUTION 03-043 APPROVING NAME CHANGE AND
AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 11:03 A.M.
RECONVENE: 11:17 A.M.
MINUTES PacE 13 MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-MARCH 11, 2003
PUBLIC HEARING AND TIMED ITEMS
03-078 Public Hearing - Extension of Speedway Avenue from Midway to
Entler Avenue (County Project No. 50255C-99-1) - Initial Study and
Proposed Mitigated Negative Declaration Regarding Environmental
Impacts - the proposed Speedway Avenue project is anticipated to
extend from the existing intersection at Midway to Entler Avenue
where it currently curves to parallel State Route 99. The County
proposes to improve the existing Speedway Avenue from Midway
Avenue to the abandoned Union Pacific Railroad right-of-way and
extend Speedway Avenue east to connect with the proposed Entler
Avenue extension. The County has reviewed and considered the
proposed project and has determined that, subject to mitigation
measures identified in the Negative Declaration, the project will
not have a significant effect on the environment, with substantial
supporting evidence provided in the Negative Declaration. The
County has prepared and proposes to adopt a Mitigated Negative
Declaration regarding environmental impacts for this project. The
purpose of the public hearing it to receive public comment and
testimony on the proposed Mitigated Negative Declaration. The
public review period for the Mitigated Negative Declaration will
end on March 22, 2003. A public hearing will be held on
April 8, 2003, to consider certification and adoption of the
Mitigated Negative Declaration - action requested - OPEN PUBLIC
HEARING TO ACCEPT PUBLIC TESTIMONY AND COMMENT; CLOSE PUBLIC
HEARING; DIRECT STAFF TO ASSEMBLE ALL WRITTEN COMMENTS RECEIVED
DURING THE PUBLIC HEARING AND 30-DAY PUBLIC REVIEW PERIOD FOR
PREPARATION OF RESPONSES TO COMMENTS AND PROPOSED MITIGATIONS; AND
DIRECT A PUBLIC HEARING BE SET FOR APRIL 8, 2003, AT 10:30 A.M.
FOR CONSIDERATION OF CERTIFICATION OF THE MITIGATED NEGATIVE
DECLARATION AND THE PROJECT. (**450)
PUBLIC HEARING OPENED: 11:29 A.M.
PUBLIC HEARING CLOSED: 11:29 A.M.
BOARD DIRECTION TO STAFF TO ASSEMBLE ALL WRITTEN COMMENTS RECEIVED
DURING THE PUBLIC HEARING AND 30-DAY PUBLIC REVIEW PERIOD FOR
PREPARATION OF RESPONSES TO COMMENTS AND PROPOSED MITIGATIONS AND
TO SET A PUBLIC HEARING FOR APRIL 8, 2003, AT 10:30 A.M. FOR
CONSIDERATION OF CERTIFICATION OF THE MITIGATED NEGATIVE
DECLARATION AND THE PROJECT.
REGULAR AGENDA
03-079 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. PAUL MCINTOSH, CHIEF ADMINISTRATIVE
OFFICER, INFORMS THE BOARD THAT LAST WEEK WAS THE DEADLINE FOR
SUBMISSION OF BILLS FOR CONSIDERATION FOR THE CURRENT LEGISLATIVE
SESSION; INFORMED THE BOARD THAT THE CALIFORNIA STATE ASSOCIATION
OF COUNTIES HAS REQUESTED THAT A LETTER BE WRITTEN IN OPPOSITION
OF THE GOVERNOR'S PROPOSAL TO ELIMINATE THE WILLIAMSON ACT
SUBVENTION; SUBMITTED TO THE BOARD THE SENATE REPUBLICAN'S
PROPOSED BUDGET PLAN; AND DISCUSSED HOW THE COUNTY'S BUDGET WILL
BE AFFECTED BY THE STATE'S SITUATION. (**879)
MINUTES
PacE 14 MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES-MARCH 11, 2003
Recessed at 11:59 a.m. as the Butte County Board of Supervisors
and convened as the Butte County In-Home Supportive Services
Public Authority Board. (**1915)
BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
MINUTES
Mr~zCH 11 , 2003
Called to Order at 11:59 a.m. in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Board members present: Dolan, Houx, Josiassen, Yamaguchi, and
Chair Beeler. Also present: Marion Reeves, Deputy Clerk.
(**1920)
Agenda Items
03-007 California Public Employees' Retirement System - consideration of
an agreement with the California Public Employees' Retirement
System (CalPERS) for the provision of retirement benefits for the
five employees hired to conduct the business of the Public
Authority - action requested - ADOPT RESOLUTION OF INTENTION TO
APPROVE A CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND AUTHORIZE THE CHAIR TO SIGN.
DISCLOSURE OF THE COST ASSOCIATED WITH THE COST OF THE AMENDMENT:
PRESENT VALUE OF PROJECTED BENEFITS WILL BE $287,260. THERE ARE
NO ACCRUED LIABILITIES, AND THE TOTAL EMPLOYER RATE IS 9.0840.
MOTION: I MOVE TO ADOPT RESOLUTION 2003-01, A RESOLUTION OF INTENTION TO
APPROVE A CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-008 Public Comment (**1979)
1. Molly Hillis, United Domestic Workers, addressed the Board
to inform them that no significant progress has been made on
negotiations.
2. Barbara Hoff, United Domestic Workers, addressed the Board
to request a decent living wage for home care workers.
3. Kitty Ickilson addressed the Board regarding lack of health
care benefits for workers.
4. Dennis Logan addressed the Board regarding the lack of a
living wage for home care workers.
The Board recessed at 12:19 p.m. as the In-Home Supportive
Services Public Authority Board and convened as the Butte County
Public Facilities Financing Corporation.
MINUTES
PAGE 15
MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-MARCH 11, 2003
PUBLIC FACILITIES FINANCING CORPORATION
MINUTES
Mr~zcx 11 , 2003
Called to Order at 12:19 p.m in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Board members present: Dolan, Houx, Josiassen, Yamaguchi and Chair
Beeler. Also present: Marion Reeves, Deputy Clerk. (**2856)
Agenda Items
03-006 1993 Justice Facility Certificates of Participation -
consideration of the refunding of the Certificates of
Participation - action requested - ADOPT RESOLUTION AND AUTHORIZE
THE PRESIDENT, BOARD OF DIRECTORS, TO SIGN.
THIS ITEM REMOVED FROM THE AGENDA WITHOUT CONSIDERATION OR ACTION.
THE ITEM IS SCHEDULED TO BE AMENDED AND RETURNED TO A SUBSEQUENT
AGENDA.
03-007 Public Comment (**2875) (NONE)
Adjournment
Adjourned at 12:19 p.m. as the Butte County Public Facilities
Financing Corporation and reconvened as the Butte County Board of
Supervisors.
BUTTE COUNTY BOARD OF SUPERVISORS
CONTINUED AGENDA
03-080 CLOSED SESSION
RECESS: THE BOARD RECESSED AT 12:19 P.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(C) ONE POTENTIAL CASE.
(**2900)
THE BOARD RECESSED AT 12:19 P.M. AS THE BUTTE
COUNTY BOARD OF SUPERVISORS AND RECONVENED AS THE
IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY
BOARD FOR THE PURPOSE OF RECESSING TO CLOSED
SESSION CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
AENCY REPRESENTATIVES: CRAIG DORY AND JEANNE
GRAVETTE. EMPLOYEE ORGANIZATION: UNITED
DOMESTIC WORKERS OF AMERICA. (**2800)
MINUTES
PacE 16 MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-MARCH 11, 2003
03-080 RECONVENE: THE BOARD RECONVENED AT 1:09 P.M. FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(C) ONE POTENTIAL CASE.
(**2959) (NO ANNOUNCEMENTS)
THE BOARD RECONVENED AT 1:09 P.M. AS THE IN-HOME
SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD FROM A
CLOSED SESION CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
AENCY REPRESENTATIVES: CRAIG DORY AND JEANNE
GRAVETTE. EMPLOYEE ORGANIZATION: UNITED
DOMESTIC WORKERS OF AMERICA. (**2959) (NO
ANNOUNCEMENTS)
ADJOURNED AT 1:09 P.M AS THE BUTTE COUNTY IN-HOME SUPPORTIVE
SERVICES PUBLIC AUTHORITY BOARD AND RECONVENED AS THE BUTTE COUNTY
BOARD OF SUPERVISORS.
BUTTE COUNTY BOARD OF SUPERVISORS
CONTINUED AGENDA
PUBLIC HEARINGS AND TIMED ITEMS
03-081 Public Hearing - Consideration of an Ordinance Amending Flood
Hazard Prevention and Special Permit Zone II Levee and Building
Regulations in Chapter 26 of the Butte County Code Regarding
Conversion or Restoration of Land for Conservation Purposes, and
an Ordinance Requiring a Use Permit for the Conversion of Land for
Conservation Purposes - proposed are the following two ordinances:
1. An Ordinance Amending Flood Hazard Prevention and Special
Permit Zone II Levee and Building Regulations in Chapter 26
of the Butte County Code Regarding Conversion or Restoration
of Land for Conservation Purposes - the proposed ordinance
is intended to regulate specified activities for the purpose
of protecting people and property from flood hazards and
protecting man-made conditions on farmland within the
unincorporated area of Butte County which is adjacent to land
upon which a conversion to natural habitat is proposed; and
2. An Ordinance Requiring a Use Permit for the Conversion of
Land for Conservation Purposes - the proposed ordinance is
intended to regulate the conversion of land for conservation
purposes. The purpose of such regulation is to insure that
environmental impacts which emanate from lands converted from
existing uses are mitigated by the owners of the land
converted and to insure that the expenses of the mitigation
of such impacts are not shifted to County taxpayers.
MINUTES
PacE 17 MARCH 11, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-MARCH 11, 2003
030-081 Action requested - FIND THAT BOTH ORDINANCES ARE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCESS; AND WAIVE READING OF
THE ORDINANCES. (**2957) (***00) (****00)
PUBLIC HEARING OPENED: 1:27 P.M.
PUBLIC HEARING CLOSED: 3:07 P.M.
PUBLIC HEARING REOPENED: 3:09
MARCH 25, 2003, AT 1:00 P.M.
P.M. AND CONTINUED OPEN TO
BOARD DIRECTION THAT THE NOTICE PROCEDURE POLICY FOR THESE
PROCESSES INCLUDE NOTICE TO ALL ADJACENT PROPERTY OWNERS AND ALL
OTHER PROPERTY OWNERS THE DEPARTMENT PERCEIVES WOULD BE
POTENTIALLY EFFECTED BY THE PROJECT AND THAT THE ORDINANCE BE
AMENDED TO CLARIFY THAT FUNDING IMPACTS SHALL BE CONSIDERED;
CHANGE THE REFERENCE THROUGHOUT THE ORDINANCE FROM THE PLANNING
MANAGER TO THE DIRECTOR OF DEVELOPMENT SERVICES; CLARIFY THAT
MITIGATIONS REQUIRED UNDER OTHER PERMITS WILL NOT BE DUPLICATED IN
THIS ORDINANCE, AND CLARIFY CALIFORNIA ENVIRONMENTAL QUALITY ACT
REVIEW REQUIREMENTS.
03-082 PUBLIC COIIIIENT
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. (****595)
1. Carol Wright, Barney Flynn and Billie Roney addressed the
Board regarding the last agenda item (amendments to Chapter
24 of the Butte County Code requiring a Use Permit for
conversion of land for conservation purposes).
P,DJOUxNt~NT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 3:10 P.M. TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, MARCH 25, 2003, AT 9:00 A.M.
R.J. BEELER, CHAIR
ATTEST:
Paul McIntosh, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
MINUTES
PAGE 18
MARCH 11, 2003