HomeMy WebLinkAboutM031301BOARD OF SUPERVISORS
MINUTES
March 13, 2001
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
KIM YAMAGUCHI, 5th District
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 James Patterson, Community United Methodist
Church, Durham.
CHAIR JOSIASSEN LEADS THE MEETING IN SINGING HAPPY BIRTHDAY TO
SUPERVISOR BEELER.
Consent Acrenda
01-063
1. Approval of Minutes - action requested - APPROVE MINUTES
OF FEBRUARY 20, 2001; AND FEBRUARY 27, 2001.
2. County Library Donations - in accordance with Government
Code Section 25355, donations of $2,350 from the Chico
Friends of the Library; $817.60 from the Oroville Friends
of the Library; $650 from the Paradise Friends of the
Library; and $110 from the Cosmos Club/Dick & Jane Book
Club of Chico, have been received for the Butte County
Trust Fund for the purchase of books - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
3. Bangor Cemetery District - action requested - APPOINT
NOREEN PRICE, TRUSTEE, TO A VACATED TERM TO END
JANUARY 1, 2003.
4. Upham Cemetery District - action requested - APPOINT
WILLIAM C. KETCHERSID AND RAMON LEFEVRE, TRUSTEES, TO
TERMS TO END JULY 1, 2004.
Page 94 March 13, 2001
March 13, 2001
01-063 5. Butte County Sheriff's Office - Vehicle Purchase - Board
approval is requested by the Sheriff's Office to purchase
a 1999 Ford Explorer XLT from Salt Lake County, Utah, in
the amount of $18,832. The vehicle will be utilized by
the Operations Division. The vehicle purchase will be
funded utilizing Asset Seizure Trust Funds, and Board
approval is requested for a budget transfer to provide
the necessary funding for the purchase - action
requested - APPROVE BUDGET TRANSFER B-239 (4/5 vote
required); AND APPROVE PURCHASE OF A VEHICLE IN AN AMOUNT
NOT TO EXCEED $18,832.
6. Butte County Sheriff's Office - Communication Equipment -
Board approval is requested by the Sheriff's Office to
purchase pagers and communication software in the amount
of $5,850 to upgrade the current pager system. The
equipment purchase will be funded utilizing Asset Seizure
Trust Funds, and Board approval is requested for a budget
transfer to provide the necessary funding for the
purchase - action requested - APPROVE BUDGET TRANSFER
B-238 (4 /5 vote required); AND APPROVE PURCHASE OF
COMMUNICATION EQUIPMENT AND SOFTWARE IN THE AMOUNT OF
$5,850.
7. Butte County Department of Behavioral Health (BCDBH) -
Fiscal Year 2000-2001 Mid-Year Budget Adjustments - Board
approval is requested by the Butte County Department of
Behavioral Health for budget adjustments to the BCDBH
Mental Health (541-001) budget in the total amount of
$99,675, in response to a mid-year budget review. The
department has determined that there is a need for
additional budgeted expenses (as detailed in the agenda
report) which will be funded utilizing unanticipated
revenue from the Medi-Cal Realignment Trust Fund, and
Mental Health Inpatient Other Counties account - action
requested - APPROVE BUDGET TRANSFER B-236 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AND MAKING REQUESTED BUDGET ADJUSTMENTS.
8. Butte County Department of Behavioral Health (BCDBH) -
Fiscal Year 2000-2001 Mid-Year Budget Adjustments - Board
approval is requested by the Butte County Department of
Behavioral Health for budget adjustments to the BCDBH
Alcohol and Drug (541-002) budget, reducing revenue and
re-appropriating funds in the amount of $83,992, in
response to a mid-year budget review of anticipated
revenues. As a result of the reduced revenues, an
additional agenda item will be prepared by the Personnel
Department transferring six positions from the Alcohol
and Drug budget unit to the Mental Health budget unit
(see item 3.14) - action requested - APPROVE BUDGET
TRANSFER B-237 (4/5 vote required) REDUCING REVENUES AND
RE-APPROPRIATING BUDGET LINE ITEMS.
Page 95 March 13, 2001
March 13, 2001
O1-063 9. Butte County Department of Behavioral Health - Board
approval is requested to accept and appropriate
unanticipated revenue from the Realignment Trust Fund and
Short Doyle Medi-Cal FFP in the amount of $22,386. The
funds will be utilized to fund two new staff positions in
the Department's Administrative Support Division to
support the new Insyst billing operations (see item
3.15) - action requested - APPROVE BUDGET TRANSFER B-234
(4 /5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE.
10. County Service Area (CSA) #169-Zone 2 (Pheasant Landing
Subdivision [Supervisorial District 3]) - Board approval
is requested by the Public works Department for a
reduction in budgeted revenue and expenditures in the CSA
#169-Zone 2 budget to reflect the transfer of taxes which
occurred when CSA #169-Zone 2 was divided into CSA #169-
Zone 2 and CSA #169-Zone 3 - action requested - APPROVE
BUDGET TRANSFER B-240 (4/5 vote required) REDUCING
REVENUE AND EXPENDITURE LINE ITEMS IN CSA #169-ZONE 2,
AND INCREASING REVENUE AND EXPENDITURE LINE ITEMS IN CSA
#169-ZONE 3.
11. Letter in Support of Increased Funds for Maternal and
Child Health Programs - Board approval is requested by
the Public Health Department for a letter to support
recalculation of the formula for distribution of Federal
Title V Maternal and Child Health Block Grant Funds to
states - action requested - APPROVE LETTER AND AUTHORIZE
THE CHAIR TO SIGN.
12. Adoption 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 - ADOPT ORDINANCE 3698 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 2-27-O1 [3.22])
13. Adoption 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 - ADOPT ORDINANCE 3699
AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-27-O1 [3.23])
Page 96 March 13, 2001
March 13, 2001
O1-063 14. Introduction of a Salary Ordinance Amendment - the Butte
County Department of Behavioral Health has requested the
Personnel Department prepare a salary ordinance amendment
which transfers the following positions from the
Department's Alcohol and Drug budget unit (541-002) to
the Department's Mental Health budget unit (541-001) in
response to a reduction in revenues for the Alcohol and
Drug budget unit following a mid-year budget review (see
item 3.08): 1 position of Manager-Program Resources and
Development; 1 position of Supervisor-Mental Health
Clinician; 2 positions of Mental Health Clinician II/I;
and 2 positions of Principal Clerk - action requested -
WAIVE READING OF THE ORDINANCE.
15. Introduction of a Salary Ordinance Amendment - the Butte
County Department of Behavioral Health has requested the
Personnel Department prepare a salary ordinance amendment
which adds two flexibly staffed positions of Accounting
Specialist/Senior Account Clerk/Account Clerk in support
of the new Health Insurance Portability and
Accountability Act rules and regulations, and the Insyst
billing system (see item 3.09) - action requested - WAIVE
READING OF THE ORDINANCE.
16. Introduction of a Salary Ordinance Amendment - the
District Attorney has requested the Personnel Department
prepare a salary ordinance amendment which increases the
salary range for the recently created classification of
District Attorney Senior Investigator ($20.46-$26.12).
The increase corrects the salary range, which was
originally set in comparison to the other classifications
in the series, but without consideration of the Cost of
Living Allowance provided to County employees in October
2000 - action requested - WAIVE READING OF THE ORDINANCE.
Page 97 March 13, 2001
March 13, 2001
O1-063 17. Introduction of a Salary Ordinance Amendment - the Public
works Department has requested the Personnel Department
prepare a salary ordinance amendment which changes both
the titles and salaries of the following classifications
as a result of the meet and confer process with the Butte
County Management Employees Association: Civil
Engineering-Supervisor ($27.57-$33.51) to Deputy Director
of Public works Land Development ($30.09-$36.58); Civil
Engineering-Senior ($24.83-$30.18) to Senior Civil
Engineer ($27.35-$33.25); Civil Engineering-Associate
($22.59-$27.45) to Associate Engineer ($23.81-$28.94);
Civil Engineering-Assistant ($19.54-$23.76) to Assistant
Engineer ($20.60-$25.04); and Civil Engineering-Junior
($16.91-$20.56) to Junior Engineer ($17.82-$21.66). The
ordinance also increases the salary ranges for the
classifications of Associate Surveyor ($22.58-$27.45 to
$25.00-$30.39); Assistant Surveyor ($19.54-$23.75 to
$20.60-$25.04); and Survey Party Chief ($17.25-$20.97 to
$18.73-$22.77); and creates the new classification of
Associate Civil Engineer ($25.00-$30.39) - action
requested - WAIVE READING OF THE ORDINANCE.
18. Resolution Delegating Authority to the Director-
Personnel to Settle Grievances - Board approval is
requested by the Personnel Department for a resolution
which would provide settlement authority, up to a maximum
of $10,000, to the Director of Personnel, in coordination
with County Counsel, to settle personnel grievances on
the Board's behalf - action requested - ADOPT RESOLUTION
O1-013 AND AUTHORIZE THE CHAIR TO SIGN.
19. Resolution in Appreciation of Paula L. Davis upon Her
Retirement from the Butte County Sheriff's Office -
action requested - ADOPT RESOLUTION O1-014 AND AUTHORIZE
THE CHAIR TO SIGN.
20. Resolution in Appreciation of Ronald D. Prock upon His
Retirement from the Butte County Sheriff's Office -
action requested - ADOPT RESOLUTION O1-015 AND AUTHORIZE
THE CHAIR TO SIGN.
21. Resolution Proclaiming the First week of May as Elder
Financial Abuse Awareness week in Butte County - action
requested - ADOPT RESOLUTION O1-016 AND AUTHORIZE THE
CHAIR TO SIGN.
Page 98 March 13, 2001
March 13, 2001
O1-063 22. City of Chico - Encroachment into the Public Right-of-
way - Palmetto Avenue - Board approval is requested by
the Public works Department for a Letter Agreement with
the City of Chico to encroach into the public right-of-
way to construct roadway improvements within County
jurisdiction on Palmetto Avenue between Arbutus Avenue
and Moss Avenue. The project design includes the
construction of curbs, gutters, sidewalks, wheelchair
accessible ramps, shoulder pavement, and asphalt concrete
overlays. The County's share of the project cost is
$138,000, and Board approval is requested for a budget
transfer of department funds to provide for the project -
action requested - APPROVE BUDGET TRANSFER B-242 (4 /5
vote required); AND APPROVE LETTER AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11955)
23. City of Chico - Encroachment into the Public Right-of-
way - El Monte Avenue/State Highway 32 to East Stn
Street - Board approval is requested by the Public works
Department for a Letter Agreement with the City of Chico
to encroach into the public right-of-way to construct
bike lanes within County jurisdiction along El Monte
Avenue between State Highway 32 and East 8t'' Street. The
County's share of the project cost is $110,650, and Board
approval is requested for a budget transfer of department
funds to provide for the project - action requested -
APPROVE BUDGET TRANSFER B-241 (4/5 vote required); AND
APPROVE LETTER AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11953)
24. Employment Agreements - Amendments - Director of Public
Health and Director of water and Resource
Conservation - Board approval is requested by the
Administrative Office for employment agreements with Gary
House for the position of Director of Public Health, and
Edward Craddock for the position of Director of water and
Resource Conservation. The amendments extend the terms
of the agreements for three years, and include language
which requires the County to declare its intent to
terminate or renew the employment contracts 180 days
prior to their expirations. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENTS AND AUTHORIZE THE CHAIR TO SIGN.
25. State of California - Cal-Card Purchasing Card Program -
Board approval is requested by the Auditor-Controller for
an agreement with the State of California for
participation in the Cal-Card Purchasing Card Program.
The Board approved participation in the program on
February 13, 2001, and the proposed agreement with the
State adds Butte County to the State's Master Agreement
for the program - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL. (Contract No. X11961)
Page 99 March 13, 2001
March 13, 2001
26. Community Living Centers-JOBS PLUS - Board approval is
requested by the Butte County Department of Behavioral
Health (BCDBH) for an agreement with Community Living
Centers-JOBS PLUS for the provision of vocational
experience to members of the BCDBH Adult Outpatient
Program. The term of the agreement is January 1, 2001,
through June 30, 2001, with a maximum amount payable of
$50,421 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X11937)
27. Community Living Centers-JOBS PLUS - Amendment - Board
approval is requested by the Butte County Department of
Behavioral Health (BCDBH) for an amendment to the
agreement with Community Living Centers-JOBS PLUS for the
provision of vocational experience, and alcohol and drug
prevention services to BCDBH clients. The amendment
clarifies the language with regards to the limited
cumulative maximum monthly payments schedule, with all
other terms and provisions to remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X11921)
28. Frances Oberkamp, MFT - Board approval is requested by
the Butte County Department of Behavioral Health (BCDBH)
for an agreement with Frances Oberkamp, MFT, for the
provision of mental health services to BCDBH clients as
a requirement of Phase II Medi-Cal Specialty Mental
Health Consolidation. The term of the agreement is
February 1, 2001, until terminated by either party, with
the amount payable based on delivery of client services
(Medi-Cal Mental Health Consolidation Funds) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X11932)
29. Youth For Change - Amendment - Board approval is
requested by the Butte County Department of Behavioral
Health (BCDBH) for an amendment to the agreement with
Youth For Change for the provision of mental health
services to BCDBH youth clients. The amendment clarifies
the language with regards to the limited cumulative
maximum monthly payments schedule, with all other terms
and provisions to remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X11906)
Page 100 March 13, 2001
March 13, 2001
O1-063 30. State Department of Alcohol and Drug Programs - Board
approval is requested by the Butte County Department of
Behavioral Health for a grant agreement with the State
Department of Alcohol and Drug Programs for funds to
support the Project Year 2/Fiscal Year 2000-2001 Drug
Court Partnership Project. The term of the agreement is
May 1, 1999, through April 30, 2003, in the amount of
$125,000 per fiscal year - action requested - ADOPT
RESOLUTION O1-017 APPROVING GRANT AWARD AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
31. Bruno and Hawkins - Amendment - Board approval is
requested by the General Services Director for an
amendment to the agreement with Bruno and Hawkins for
architectural services for the Southside Oroville
Community Center project. The amendment increases the
maximum amount payable by $9,225 (project grant funds)
for the additional services required to prepare amended
plans for the project to be re-bid. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
32. Kennedy/Jenks Consultants - Amendment - Board approval is
requested by the Public works Department for an amendment
to the agreement with Kennedy/Jenks Consultants for
professional environmental services, monitoring, and
reporting for the Neal Road Landfill. The amendment
extends the agreement for one year, and increases the
maximum amount payable by $47,800 (department budget) -
action requested - APPROVE LETTER PROPOSAL AND AMENDMENT
TO AGREEMENT AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF
PUBLIC WORKS TO SIGN. (Contract No. X11542)
33. Butte County Economic Development Corporation - Tourism
Marketing Contract - Board approval is requested by the
Treasurer-Tax Collector, at the recommendation of the
Transient Occupancy Tax (TOT) Advisory Committee, for an
agreement with the Butte County Economic Development
Corporation for tourism marketing services. The term of
the agreement is March 15, 2001, to June 30, 2002, with
a maximum amount payable of $111,700, contingent upon
Board appropriation of TOT funds for fiscal year 2001-
2002 - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X11952)
Page 101 March 13, 2001
March 13, 2001
O1-063 34. Youth For Change - Amendment - Board approval is
requested by the Department of Social welfare for an
amendment to the agreement with Youth For Change for the
provision of adoption promotion and support services.
The amendment extends the term of the agreement through
September 30, 2001, and increases the maximum amount
payable by $18,682 in response to an increased allocation
received for the program - action requested - APPROVE
BUDGET TRANSFER B-235 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11697)
35. Valley Oak Children's Services - Board approval is
requested by the Department of Social welfare for an
agreement with Valley Oak Children's Services for
services in support of the Child Care Capacity Building
and Quality Improvement Project 2001-2002. The term of
the agreement is January 1, 2001, through June 30, 2002,
with a maximum amount payable of $100,000 ($33,340/fiscal
year 2000-2001; $66,660/fiscal year 2001-2002 [department
budget]) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
36. Butte County Children and Families Commission -
Conflict of Interest Code - on December 15, 2000, the
Butte County Children and Families Commission adopted its
agency's Conflict of Interest Code, and submits it 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 and finds it to be
proper - action requested - APPROVE CODE.
37. Advance Step Hire - the Treasurer-Tax Collector has
requested the Personnel Department prepare an agenda
item which requests Board approval for the advance step
hire of an Accounting Specialist position to step 3 of
the salary range based on experience - action requested -
PURSUANT TO THE PERSONNEL RULES, SECTION 11.5(b), APPROVE
THE APPOINTMENT OF AN ACCOUNTING SPECIALIST POSITION TO
STEP 3 OF THE SALARY RANGE. (134)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 102 March 13, 2001
March 13, 2001
Regular Agenda
O1-064 Appointments - Boards, Commissions, and Committees. (141)
1. Appointments to listed vacancies.
MOTION: I MOVE TO APPOINT BILL FITZGERALD, DISTRICT 5 REPRESENTATIVE,
TO THE SURFACE MINING AGGREGATE OPERATIONS COMMITTEE, TO A TERM
TO END JANUARY 10, 2005.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CHAIR JOSIASSEN PRESENTS A RESOLUTION OF APPRECIATION TO PAULA
DAVIS. (173)
CHAIR JOSIASSEN PRESENTS A RESOLUTION PROCLAIMING THE FIRST
WEEK OF MAY AS ELDER FINANCIAL ABUSE AWARENESS WEEK IN BUTTE
COUNTY TO MIKE RAMSEY, DISTRICT ATTORNEY; PAT CRAGAR, DIRECTOR
OF SOCIAL WELFARE; TERRY DONNELLY, LONG TERM CARE OMBUDSMAN;
AND SUE GOOD, PARALEGAL, LEGAL SERVICES OF NORTHERN CALIFORNIA.
01-065 Update on legislative and budget activities. (690) JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT
THERE ARE MANY BILLS BEING INTRODUCED THIS LEGISLATIVE SESSION
THAT COULD HAVE IMPACTS ON COUNTY GOVERNMENT. THE
ADMINISTRATIVE OFFICE WILL BE WATCHING HOW THOSE BILLS MOVE
THROUGH THE LEGISLATURE AND PROVIDE UPDATES AS NEEDED.
ADDITIONALLY, THE BOARD WAS INFORMED THAT REVISED BUDGET
INSTRUCTIONS HAVE BEEN DISTRIBUTED TO DEPARTMENTS THAT INCLUDED
INSTRUCTIONS ON HOW TO INCLUDE PERFORMANCE MEASURES INTO THE
COUNTY DEPARTMENT'S BUDGETS. SUPERVISOR JOSIASSEN PRESENTED A
REPORT ON HIS ATTENDANCE AT THE CALIFORNIA STATE ASSOCIATION OF
COUNTIES EXECUTIVE GROUP MEETING, HELD IN CONJUNCTION WITH THE
NATIONAL ASSOCIATION OF COUNTY OFFICIAL'S MEETING HELD LAST
WEEK IN WASHINGTON, D.C. SUPERVISOR JOSIASSEN REQUESTED THE
BOARD'S BUDGET BE SEPARATED INTO FIVE SEPARATE BUDGET UNITS;
ONE FOR EACH SUPERVISOR. THE CHIEF ADMINISTRATIVE OFFICE WILL
IMPLEMENT THAT SEPARATION IN THIS YEAR'S BUDGET.
O1-066 Cultural Competency Summit 2000 - Report to the Board - the
Butte County Department of Behavioral Health will provide the
Board with a brief summary on the Cultural Competency Summit
2000 - action requested - ACCEPT FOR INFORMATION. (980)
PRESENTATION TO BOARD BY JANINE CUELLAR, BETH DILLARD, BECKY
RIVERA, KATE MCCRACKEN, AND MANSON PETTY, BUTTE COUNTY
DEPARTMENT OF BEHAVIORAL HEALTH EMPLOYEES WHO ATTENDED THE
SUMMIT.
Page 103 March 13, 2001
March 13, 2001
01-067 wild Goose Storage, Inc. Expansion - Report to the Board -
presentation by Kathy Russeth of Russeth Communications on the
expansion project proposed for wild Goose Storage, Inc. -
action requested - ACCEPT FOR INFORMATION. (1819)
PRESENTATION TO THE BOARD OF A PROPOSED EXPANSION PROJECT BY
JEFF CARLSON, WILD GOOSE STORAGE, INC.
O1-068 Proposal to Adopt a Local Ordinance Dealing with Conversions of
Land to wildlife Habitat - Report to the Board - action
requested - ACCEPT FOR INFORMATION. (2350)
PRESENTATION TO THE BOARD BY RAY DALTON, COUNCILMAN, TOWN OF
PARADISE.
BOARD DIRECTION THAT STAFF COMPILE INFORMATION ON WHAT THE
REVENUE LOSS HAS BEEN TO THE COUNTY AS A RESULT OF THE
CONVERSION OF AGRICULTURAL LAND FOR OTHER PURPOSES, AND TO
EXAMINE THE OPTION OF AN ORDINANCE WHICH POLICES THE LOSS OF
AGRICULTURAL LAND, AND RETURN A RECOMMENDATION TO THE BOARD.
O1-069 Forest Payment to Counties Legislation (HR 2389) -
consideration of the decision of whether or not to form a
Resource Advisory Committee (RAC) to recommend projects for
approval by the United States Forest Service - action
requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING
ACTIONS:
1. DECIDE AGAINST FORMING A RAC; OR
2. DECIDE TO FORM A RAC AND DEFINE THE GEOGRAPHIC BOUNDARIES
OF THE RAC TO BE THE SAME AS THE GEOGRAPHIC BOUNDARIES OF
BUTTE COUNTY; OR
3. DECIDE TO FORM A RAC AND DEFINE THE RAC GEOGRAPHIC
BOUNDARIES AS BEING OTHER THAN THE COUNTY'S BOUNDARIES;
AND
4. DIRECT A LETTER BE SENT TO THE UNITED STATES FOREST
SERVICE ADVISING OF THE BOARD'S DECISION REGARDING THE
RAC AND AUTHORIZE THE CHAIR TO SIGN. (3425)(**00)
MOTION: I MOVE TO DECIDE AGAINST FORMING A RAC AND DIRECT THAT ALL
COMMUNITY INPUT TO THIS PROCESS BE FUNNELED THROUGH THE FIRE
SAFE COUNCIL; AND DIRECT A LETTER BE SENT TO THE UNITED STATES
FOREST SERVICE ADVISING OF THE BOARD'S DECISION REGARDING THE
RAC AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 104 March 13, 2001
March 13, 2001
O1-070 Butte County Department of Child Support Services -
consideration of an ordinance establishing the Butte County
Department of Child Support Services - action requested - WAIVE
READING OF ORDINANCE. (**479)
MOTION: I MOVE TO WAIVE THE READING OF THE ORDINANCE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
O1-071 waste Service Agreement Negotiations - Request for Direction -
the Public works Department is requesting further Board
direction with regards to waste service agreement negotiations
with local haulers - action requested - PROVIDE STAFF
DIRECTION. (**774)
MOTION: I MOVE TO DIRECT CONSULTANT, INTELLIWASTE, INC., TO IMMEDIATELY
WORK WITH COUNTY STAFF TO DRAFT A SPECIFIC SERVICE AREA
AGREEMENT INCLUSIVE OF THE FOUR EXISTING WASTE HAULERS IN THE
COUNTY, AND FOR THE CONSULTANT TO REPORT DIRECTLY TO THE BOARD
OF SUPERVISORS AND THE SOLID WASTE COMMITTEE THROUGHOUT THIS
PROCESS, AND TO HAVE THE PROPOSED AGREEMENT TO THE BOARD FOR
REVIEW NO LATER THAN THE APRIL 10TH BOARD MEETING.
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
RECESS: 11:56 A.M.
RECONVENE: 12:08 P.M.
Page 105 March 13, 2001
March 13, 2001
Public Hearincrs and Timed Items
O1-072 Public Hearing - Robert Russell - General Plan Amendment -
consideration of a General Plan Amendment to change the Butte
County General Plan land use designation on the project site
from Grazing and Open Land (GOL) to Agricultural-Residential
(AR) (this is a project on which notice of intent to adopt a
negative declaration regarding environmental impacts has been
recommended). The area proposed for change encompasses
approximately 25 acres. The project has two General Plan
designations: approximately 25 acres of Grazing and Open Land
and approximately 36 acres of Agricultural-Residential. The
project will result in the entire 61 acre project parcel having
a land use designation of Agricultural-Residential. The
project site is zoned A-5 (Agricultural-5 acre parcels). The
project will allow the applicant to apply for a land division
to create two 29+ acre parcels. The property is located on the
south side of Black Bart Road, approximately 1.4 miles south of
Forbestown Road, at 876 Black Bart Road, Robinson Mill area,
and identified as APN 073-110-036 (SB [GPA Ol-Ol]) - action
requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING
ACTIONS:
1. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF
REPORT DATED MARCH 13, 2001, MAKE A MOTION OF INTENT TO
ADOPT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL
IMPACTS;
2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS
WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR
WILDLIFE OR THEIR HABITAT BECAUSE THE PROPOSED GENERAL
PLAN AMENDMENT WILL NOT CAUSE ANY SIGNIFICANT CHANGE TO
THE CURRENT LAND USE, 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;
3. SUBJECT TO FINDINGS III(A-B) AS DETAILED IN THE STAFF
REPORT DATED MARCH 13, 2001, FIND THAT THE GENERAL PLAN
AMENDMENT IS IN THE PUBLIC INTEREST IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTION 65358; AND
4. SUBJECT TO FINDINGS IV(A-D) AS DETAILED IN THE STAFF
REPORT DATED MARCH 13, 2001, MAKE A MOTION OF INTENT TO
ADOPT A RESOLUTION AMENDING THE GENERAL PLAN FROM GRAZING
AND OPEN LAND TO AGRICULTURAL RESIDENTIAL, ON PROPERTY
IDENTIFIED AS A 25 ACRE PORTION OF APN 073-110-036,
PLANNING DIVISION FILE GPA Ol-Ol. (FROM 2-13-O1 [3.06])
(**3357)(***00)
PUBLIC HEARING OPENED: 12:10 P.M.
PUBLIC HEARING CLOSED: 12:12 P.M.
Page 106 March 13, 2001
March 13, 2001
O1-072 MOTION: SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF
REPORT DATED MARCH 13, 2001, I MOVE FOR A MOTION OF
INTENT TO ADOPT A NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS; FIND THAT THE DESIGN OF THE
PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE
ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR
THEIR HABITAT BECAUSE THE PROPOSED GENERAL PLAN
AMENDMENT WILL NOT CAUSE ANY SIGNIFICANT CHANGE TO
THE CURRENT LAND USE, 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;
SUBJECT TO FINDINGS III(A-B) AS DETAILED IN THE
STAFF REPORT DATED MARCH 13, 2001, MOVE TO FIND THAT
THE GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST
IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE
SECTION 65358; AND SUBJECT TO FINDINGS IV (A-D) AS
DETAILED IN THE STAFF REPORT DATED MARCH 13, 2001,
FURTHER MOVE FOR A MOTION OF INTENT TO ADOPT A
RESOLUTION AMENDING THE GENERAL PLAN FROM GRAZING
AND OPEN LAND TO AGRICULTURAL RESIDENTIAL, ON
PROPERTY IDENTIFIED AS A 25 ACRE PORTION OF APN 073-
110-036, PLANNING DIVISION FILE GPA Ol-Ol. (FROM
2-13-O1 [3.06] )
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
O1-073 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.) (***94)
1. ELAINE LUCERO, AMERICAN LUNG ASSOCIATION, PROVIDED THE
BOARD WITH AN UPDATE ON THE TOBACCO SMOKING CESSATION
PROGRAM, AND THANKED THE BOARD FOR THE FUNDING TO
CONTINUE THE PROGRAM.
2. JOHN BURN INVITED THE BOARD TO A FORUM ON THE STATE
ENERGY CRISIS TO BE HELD MARCH 27, 2001, AT THE CHICO
MASONIC HALL FROM 6:30 P.M. - 9:00 P.M.
3. SUPERVISOR YAMAGUCHI REQUESTED THE BOARD CONSIDER MOVING
THE PUBLIC COMMENT PERIOD UP ON THE AGENDA.
Page 107 March 13, 2001
March 13, 2001
Regular Agenda
01-074 California Integrated waste Management Board - Report
Resolution - consideration of a request from the Regional
Council of Rural Counties, Environmental Services Joint Powers
Authority, for a resolution in response to the California State
Auditor's report entitled "California Integrated waste
Management Board: Limited Authority and weak Oversight Diminish
Its Ability to Protect Public Health and the Environment" -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (***395)
MOTION: I MOVE TO ADOPT RESOLUTION O1-018 AND AUTHORIZE THE CHAIR TO
SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
O1-075 CLOSED SESSION: THE BOARD ADJOURNED AT 12:30 P.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) EISSINGER
V. BUTTE COUNTY; PUBLIC EMPLOYEE PERFORMANCE
EVALUATION PURSUANT TO GOVERNMENT CODE SECTION
54957: DIRECTOR-DEVELOPMENT SERVICES; 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.
(***547)
RECONVENE: THE BOARD RECONVENED AT 4:25 P.M. FROM A
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a):
EISSINGER V. BUTTE COUNTY; PUBLIC EMPLOYEE
PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT
CODE SECTION 54957: DIRECTOR-DEVELOPMENT
SERVICES; 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.
(***575) (NO ANNOUNCEMENTS)
Page 108 March 13, 2001
March 13, 2001
Communications
O1-076 Communications received and referred. (A LISTING AND COPIES OF
COMMUNICATIONS RECEIVED BY THE BOARD IN ADDITION TO THOSE
LISTED BELOW ARE AVAILABLE IN THE CLERK OF THE BOARD' S OFFICE . )
1. Marsha L. Berkbigler, Director-Government Relations, AT&T
Broadband, writes to inform the Board of programming
changes to the AT&T Broadband Cable lineup for the
customers in Oroville, Gridley, Paradise, Colusa, and
Biggs areas. The programming changes will take effect
March 23, 2001.
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE
BOARD, THE MEETING WAS ADJOURNED AT 4:26 P.M.
TO RECONVENE AT A REGULAR MEETING OF THE BOARD
TO BE HELD TUESDAY, MARCH 27, 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 109 March 13, 2001