HomeMy WebLinkAboutM040803BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 8, 2003
Called to Order at 9:07 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.
CHAIR BEELER REQUESTED OBSERVATION OF A MOMENT OF SILENCE IN HONOR
OF THE MEN AND WOMEN SERVING OUR COUNTRY IN THE WAR IN IRAQ, AND
IN PARTICULAR, WISHED TO HONOR, WITH THOUGHTS AND PRAYERS, THE
FAMILIES OF THOSE WHO HAVE LOST THEIR LIVES SERVING OUR COUNTRY.
Pledge of Allegiance to the Flag of the United States of America.
Invocation - Pastor Don North - Trinity Bible Church, Oroville.
CORRECTIONS AND~OR CHANGES TO THE AGENDA (112)
ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. (1 14)
03-104 1. Resolution Delegating Authority to the Risk Manager to Reject
or Return Tort Claims Filed Against the County - approval is
requested for a resolution delegating authority to the Risk
Manager to reject or return tort claims filed against the
County and to approve the official form for filing a claim
for damages against the County - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
CONSENT AGENDA
03-105 1. Oroville Recovery Center - Amendment - approval is requested
for an amendment to the agreement with Oroville Recovery
Center for the provision of drug and alcohol recovery
services. The amendment increases the maximum amount payable
by $13,049.70 (department budget). 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. X13764)
2. Victor Community Support Services, Inc. - Amendment -
approval is requested for an amendment to the agreement with
Victor Community Support Services, Inc., for the provision
of mental health services to adult clients referred by the
department's ROOF team. The term of the agreement will
be July 1, 2002, through June 30, 2003. The amendment
increases the maximum amount payable by $276,563 (department
budget). 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. X13711)
MINUTES
PAGE 1 APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 8, 2003
03-105 3. 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
training services in support of the Adult System of Care
Grant. The amendment revises the service proposal to include
the participation of approximately 25 clients in maintenance,
repair, and peer support working crews; and increases the
maximum amount payable by $27,529.70 (department budget). 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. X13606)
4. Tri-County Treatment - Amendment - approval is requested for
an amendment to the agreement with Tri-County Treatment for
the provision of short-term residential recovery services.
The amendment increases the maximum amount payable by
$20,137.15 (department budget) and revises the service
summary to reflect the increase. All other terms and
provisions remain the same - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. 13766)
5. Kevin W. Chan, M.D. - Amendment - approval is requested for
an amendment to the agreement with Kevin W. Chan, M.D., for
the provision of services in the specialized field of
psychiatry. The amendment decreases the contract hours to
reflect the actual hours of service provided, and decreases
the maximum amount payable by $93,500. 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. 13514)
6. State Department of Alcohol and Drug Programs - Amendment -
approval is requested for an amendment to the grant award
agreement with the State Department of Alcohol and Drug
Programs for funds to support the Drug Court Program. The
amendment extends the time period in which the department can
expend year two funds to December 28, 2003. All other terms
and provisions of the grant 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. R40325)
MINUTES
PAGE 2 APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 8, 2003
03-105 7. Butte County Probation Department - Memorandum of
Understanding - Amendment - approval is requested for an
amendment to the Memorandum of Understanding with the
Probation Department for case management and supervision
services for Substance Abuse and Crime Prevention Act
clients. The amendment decreases the maximum amount payable
by $2,700 for fiscal year 2002-2003 and includes a revised
budget. All other terms and provisions remain the same -
action requested - APPROVE BUDGET TRANSFER B-367 (4/5 vote
required) APPROPRIATING BUDGET ADJUSTMENTS AS DETAILED IN THE
AGENDA REPORT; AND APPROVE THE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13481)
8. Rick Minniefield - Amendment - approval is requested for an
amendment to the agreement with Rick Minniefield, for the
provision of services in the development of Youth Development
and Crime Prevention Grant programs. The amendment increases
the maximum amount payable by $9,000 (department budget)for
a total maximum amount of $33,980. All other terms and
provisions remain the same. Pursuant to the Butte County
Purchasing Policy Manual Section 13.3 (1), notification to
the Board of intent to award a contract to a former Butte
County employee within two years following separation from
County employment is required. Mr. Minniefield separated from
County employment in November 2001 - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13696)
9. Cherokee Restoration Fellowship - Resolution Not to
Contract - consideration of a resolution declaring intent not
to contract with Cherokee Restoration Fellowship for the
provision of Medi-Cal Services. The Butte County Department
of Behavioral Health (BCDBH) has been notified by Cherokee
Restoration Fellowship of their certification by the State
Department of Alcohol and Drug Programs to provide Drug Medi-
cal Services. Because of the administrative cost and the
significant flow of non-BCDBH referred residents into this
program, the department feels it is in the best interest of
the County to decline to enter into a contractual
relationship with Cherokee Restoration Fellowship for the
provision of Drug Medi-Cal services. Other existing contracts
will not be affected - action requested - ADOPT RESOLUTION
03-052 AND AUTHORIZE THE CHAIR TO SIGN.
10. Employment Agreement Amendment - Director of Human
Resources - approval is requested for an amendment to the
employment agreement with Jeanne Gravette, Director-Human
Resources. The amendment extends the term of the agreement
to February 16, 2006. All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PacE 3 APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 8, 2003
03-105 11. NorthStar Engineering - approval is requested for an
amendment to the agreement with NorthStar Engineering for the
provision of engineering studies for areas north of the Lindo
Channel and preparation of information to support the
County's financial loan application for the Chico Urban Area
Nitrate Compliance Program. The amendment increases the
maximum amount payable by $15, 000 for a total contract amount
of $103,790. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10804)
12. California State University-Chico Research Foundation -
Amendment - approval is requested for an amendment to the
agreement with California State University-Chico Research
Foundation for continued mapping services in support of the
Chico Urban Area Nitrate Compliance Program. The amendment
extends the term of the agreement to March 31, 2004, and
increases the maximum amount payable by $5,000 for a total
contract amount of $25,000. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X10964)
13. Reissue Time-Expired Check - approval is requested to reissue
two time-expired checks: check number 10000-084527 in the
amount of $213.54, dated July 17, 2000, and check number
10000-86912 in the amount of $21.00, dated December 29, 2000.
The Auditor-Controller has verified that the checks are time
expired and have not been reissued - action requested -
DIRECT AUDITOR-CONTROLLER TO REISSUE TIME-EXPIRED CHECKS.
14. Public Defender Consortium - Amendments - on
November 12, 2002, the Board approved a contract with Hughes,
Perry & Associates to develop a report evaluating the costs
and benefits of the current method of service delivery as
compared to alternatives to providing indigent defense
services. The Administrative Office plans to present the
final report and related recommendations to the Board for its
consideration within the next 45 days. Preliminary
discussions have been held with Denny Forland, Executive
Director of the Consortium, regarding the need for a four-
month extension of public defender contracts in order to
allow sufficient time for review of the final report and a
determination of the future structure of Public Defender
services in Butte County. The amendments extend the terms
of the contracts until October 31, 2003 - action requested -
APPROVE AGREEMENT AMENDMENTS AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PacE 4 APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 8, 2003
03-105 15. HIPAA Implementation - Privacy Policy and Procedures -
pursuant to the Health Insurance Portability and
Accountability Act of 1996 (HIPAA), the U. S. Department of
Health and Human Services issued federal regulations to
protect the privacy of individually identifiable health
information. Effective April 14, 2003, these regulations
require all covered entities, such as the County, to
implement certain measures which include providing notice of
the covered entity's privacy practices to all clients at time
of service and obtaining acknowledgment of receipt when
possible. Also required is the execution of business
associate agreements with vendors handling clients' health
information specifying terms and conditions requiring vendors
to safeguard such information - action requested - APPROVE
COUNTYWIDE PRIVACY POLICY AS MANDATED BY HIPAA, AND AUTHORIZE
THE CHIEF ADMINISTRATIVE OFFICER TO MAKE ADJUSTMENTS AS
NECESSARY.
16. An Ordinance Amending Ordinance Number 3826, Entitled
"Community Health Care Ordinance Providing Standards for the
Use of Local Tobacco Monies" and Amending Chapter 2 of the
Butte County Code, Entitled "Administration", Adding Article
XXIII, Entitled "Community Health Care Ordinance Providing
Standards for the Use of Local Tobacco Monies" - approval is
requested for an ordinance which will amend Ordinance
No. 3826, revising Section 1, paragraph (b) to incorporate
changes in the purpose and scope of Proposition 10 and the
Butte County Children and Families Commission as requested
by the Commission, revising Section 2, paragraph (a) to
clarify how appointments to the Tobacco Monies Advisory
Commission are to be made, and adding the required language
to provide for codification of the ordinance into the Butte
County Code - action requested - ADOPT ORDINANCE 3846 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 3-25-03 [3.06])
17. Approval of Minutes - action requested - APPROVE MINUTES OF
FEBRUARY 25, 2003.
18. Application for Federal Assistance - approval is requested
to apply for pre-approval for a low interest loan through the
United States Department of Agriculture for funding the
construction of the new North Chico Fire Station - action
requested - APPROVE PRE-APPROVAL AND AUTHORIZE THE CHAIR TO
SIGN APPLICATION.
19. Budget Transfer for Countywide Driveway Repairs - approval
is requested for a budget transfer in the amount of $34,275
from the Facilities Services Major Maintenance account to the
Facilities Services Routine Maintenance account in order to
make funds more readily available for minor, routine repairs
costing $5,000 or less to driveways and parking lots of
County-owned facilities - action requested - APPROVE BUDGET
TRANSFER B-366 (4/5 vote required).
MINUTES
PAGE 5 APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 8, 2003
03-105 20. Resolution to Amend the Salary Ordinance - approval is
requested for a resolution which will amend the salary
ordinance as follows: SHERIFF-CORONER-SERVICES - deletes one
position of Crime Prevention Coordinator/Public Information
Officer and adds one position of Crime Prevention
Coordinator; adds one sunset position of Sheriff's Clerk II
(sunset position ends 12-31-03) SHERIFF-CORONER-OPERATIONS -
adds one sunset position of Deputy Sheriff (sunset position
ends 12-31-03) SHERIFF-CORONER-RURAL COUNTY SUPPLEMENTAL
FUNDING - deletes one flexibly staffed position of
Information Systems Analyst II/I and adds one flexibly
staffed position of Information Systems Analyst III/II/I.
PUBLIC HEALTH-GENERAL SERVICES - extends the end dates from
6-30-03 to 06-30-04 for the following sunset positions:
Program Manager-Butte County Children and Families
Commission, Administrative Analyst III/II/I, Public Health
Nurse III/II/I, Staff Nurse III/II/I or Licensed Vocational
Nurse, Office Assistant III/II/I, Public Health Assistant
II/I, and Administrative Services Assistant or Office
Assistant III. PUBLIC HEALTH-ENVIRONMENTAL HEALTH - deletes
one position of Supervisor-Environmental Health, one flexibly
staffed position of Environmental Health Specialist II/I, and
one 80o flexibly staffed position of Environmental Health
Specialist II/I and adds one position of Program Manager-
Environmental Health and one flexibly staffed position of
Environmental Health Specialist III/II/I; converts a current
half-time flexibly staffed position of Office Assistant
III/II/I to a full-time position. SALARY PLAN FOR CLASSIFIED
POSITIONS, REFERENCE C, GENERAL UNIT CLASSIFICATIONS - adds
one position of Crime Prevention Coordinator. SALARY PLAN FOR
CLASSIFIED POSITIONS, REFERENCE F, MANAGEMENT, CONFIDENTIAL
AND SUPERVISORY UNIT CLASSIFICATIONS - deletes the position
of Crime Prevention Coordinator/Public Information Officer -
action requested - ADOPT RESOLUTION 03-053 AND AUTHORIZE THE
CHAIR TO SIGN.
21. Gen-Probe - approval is requested for an agreement with Gen-
Probe for the purchase of test kits and equipment rental to
perform tests for sexually transmitted diseases. The term of
the agreement is March 17, 2003, through March 31, 2006. The
estimated yearly cost is $34,894 with the actual cost based
on the number of test kits purchased - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
22. California Integrated Waste Management Board - Enforcement
Assistance Grant Program (EA-14) - approval is requested to
submit a grant application for a grant from the California
Integrated Waste Management Board for funds up to $19,500
to support local solid waste landfill permit and inspection
programs. The funds are 1000 State funds with no county match
required - action requested - ADOPT RESOLUTION 03-054
AUTHORIZING GRANT APPLICATION AND AUTHORIZE THE CHAIR TO
SIGN.
MINUTES
PAGE 6 APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 8, 2003
03-105 23. Emergency Medical Care Committee - the Committee recommends
that the following appointments be made to the Emergency
Medical Care Committee: 1) Christie Burrow (EMT/MICN
Training), 2) Alivia Strawn, R.N. (Emergency Department
Clinical Manager), 3) Charles Huber (Ambulance Services), and
4) Bennett Ward (Public Member) - action requested - APPOINT
CHRISTIE BURROW, ALIVIA STRAWN, R.N., CHARLES HUBER, AND
BENNETT WARD TO TERMS ENDING JUNE 30, 2006.
24. Adoption of an Ordinance Establishing Speed Limits on Certain
Roads Within the County of Butte - consideration of an
ordinance which will establish the following speed zones in
the Chico area: a 25 miles per hour speed limit on Martin
Street (from Wisconsin Street to Cleveland Avenue), Jackson
Street (from Wisconsin Street to California Street), Bruce
Street (from Humboldt Road to Virginia Street), Guill Street
(from Ohio Street to Cleveland Avenue), Wisconsin Street
(from Boucher Street to Guill Street), Colorado Street (from
Boucher Street to Jackson Street), California Street (from
Boucher Street to Jackson Street) , Mulberry Street (from East
21St Street to East 23rd Street) , and Laurel Street (from East
21St Street to East 23rd Street). A 30 miles per hour speed
limit on Glenwood Avenue (from State Route 32 [Nord Avenue]
to West Sacramento Avenue) - action requested - ADOPT
ORDINANCE 3848 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
3-25-03 [3.18])
25. Fixed Asset Purchase Approval - Landfill Software Upgrade,
Accounts Receivable Installation and Support - approval is
requested for the fixed asset purchase and installation of
PC Scale software, additional Accounts Receivable module, and
related licenses and support in order to facilitate a smooth
transition of operations at the Neal Road Landfill. Also
requested is a budget transfer of $18,600 from the
Professional and Specialized Services account to the Neal
Road Landfill-Management fixed asset account - action
requested - APPROVE BUDGET TRANSFER B-3-~~, B-365 AND APPROVE
FIXED ASSET PURCHASE.
26. Butte Regional Waste Management Authority - Plan of
Correction and Time Extension - approval is requested to
submit a SB 1066 Time Extension request and Plan of
Correction which outlines expanded and/or new diversion
programs that will be used to meet the goal of 50o diversion
of solid waste into the landfill. The Butte Regional Waste
Management Authority Board of Directors has authorized
submittal of the SB 1066 Time Extension - action requested -
APPROVE PLAN OF CORRECTION AND SB 1066 TIME EXTENSION AND
AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO SUBMIT TIME EXTENSION
TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD.
MINUTES
PAGE 7 APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -APRIL 8, 2003
03-105 27. Resolution Proclaiming April 28 to May 4, 2003, as Mosquito
and Vector Control and West Nile Virus Awareness Week - the
Butte County Mosquito and Vector Control District is
requesting the Board adopt a resolution proclaiming the week
of April 28 through May 4, 2003 as Mosquito and Vector
Control and West Nile Virus Awareness Week in Butte County -
action requested - ADOPT RESOLUTION 03-055 AND AUTHORIZE THE
CHAIR TO SIGN.
28. Resolution Proclaiming April 2003 as Child Abuse Prevention
Month in Butte County - the Child Abuse Prevention Council
of Butte County is requesting the Board adopt a resolution
proclaiming the month of April 2003 as Child Abuse Prevention
Month in Butte County - action requested - ADOPT RESOLUTION
03-056 AND AUTHORIZE THE CHAIR TO SIGN.
29. Resolution Proclaiming April 13-19, 2003, as National
Telecommunicators Week in Butte County - Chico Elks Lodge No.
423 is requesting the Board adopt a resolution proclaiming
April 13-19, 2003, as National Public Safety
Telecommunicators Week in Butte County - action requested -
ADOPT RESOLUTION 03-057 AND AUTHORIZE THE CHAIR TO SIGN.
30. Resolution in Recognition of Gridley Kiwanis Club - requested
is a resolution in recognition of the Gridley Kiwanis Club
for 50 years of service to the community - action requested -
ADOPT RESOLUTION 03-058 AND AUTHORIZE THE CHAIR TO SIGN.
31. Butte County Behavioral Health Board - Amended Bylaws -
approval is requested by the Butte County Behavioral Health
Board (BCBHB)for approval of proposed changes to the BCBHB
Bylaws - action requested - APPROVE BYLAWS.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE BUDGET TRANSFER
NUMBER ON ITEM 3.26 CORRECTED TO B-365, THE TYPOGRAPHICAL ERROR ON
ITEM 3.13 CORRECTED, AND THE REMOVAL OF ITEM 3.20.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CHAIR BEELER READ A RESOLUTION PROCLAIMING APRIL 28-MAY 4, 2003,
AS MOSQUITO AND VECTOR CONTROL AND WEST NILE VIRUS AWARENESS WEEK.
CHAIR BEELER PRESENTS A RESOLUTION PROCLAIMING APRIL 13-19, 2003,
AS NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK TO FRANK RIPTER
OF THE CHICO ELKS LODGE.
CHAIR BEELER PRESENTS A RESOLUTION IN RECOGNITION OF THE GRIDLEY
KIWANIS CLUB FOR 50 YEARS OF SERVICE TO OWEN STILES AND BRAD
WILKE, GRIDLEY KIWANIS CLUB.
MINUTES
PAGE 8
APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 8, 2003
REGULAR AGENDA
03-106 Appointments to Boards, Commissions and Committees. (360)
1. Appointments to Listed Vacancies.
MOTION: I MOVE TO APPOINT MARY BROWNELL, DISTRICT 2 REPRESENTATIVE, TO THE
FACILITIES MASTER PLAN STEERING COMMITTEE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-107 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (396) PAUL MCINTOSH, CHIEF ADMINISTRATIVE
OFFICER, REQUESTED THE BOARD APPROVE LETTERS OF OPPOSITION TO
ASSEMBLY BILL 1470, WHICH WOULD ALLOW WAGES AND/OR BENEFITS OF IN-
HOME SUPPORTIVE SERVICES PROVIDERS TO BE INCREASED BY LOCAL VOTER
INITIATIVE, AND SENATE BILL 936, WHICH WOULD EXPAND THE PERSONAL
CARE SERVICES AVAILABLE TO RECIPIENTS OF IN-HOME SUPPORTIVE
SERVICES TO ALLOW SERVICES WHEN THE RECIPIENT IS ADMITTED TO
HOSPITALS OR SKILLED NURSING FACILITIES.
MOTION: I MOVE TO APPROVE LETTERS OF OPPOSITION TO ASSEMBLY BILL 1470 AND
SENATE BILL 936 AND DIRECT COPIES OF THE LETTERS BE SENT TO BOTH
COMMITTEES AND AUTHORS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-108 Lake Oroville Relicensing - Report to the Board - presentation to
the Board regarding the status of the Federal Regulatory
Commission's (FERC) Relicensing of Lake Oroville Project 2100 -
action requested - ACCEPT FOR INFORMATION. (469)
PRESENTATION TO THE BOARD BY BRUCE ALPERT, COUNTY COUNSEL, ON THE
RELICENSING PROJECT, INCLUDING PROTECTION, MITIGATION AND
ENHANCEMENT MEASURES.
03-109 Items Removed from the Consent Agenda for Board Consideration and
Action. (971)
1. Resolution Delegating Authority to the Risk Manager to Reject
or Return Tort Claims Filed Against the County - approval is
requested for a resolution delegating authority to the Risk
Manager to reject or return tort claims filed against the
County and to approve the official form for filing a claim
for damages against the County - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR
ACTION. THE ITEM WILL BE AMENDED AND RETURNED TO THE AGENDA OF
APRIL 22, 2003.
MINUTES
PAGE 9 APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 8, 2003
PUBLIC HEARINGS AND TIMED ITEMS
03-110 Timed Item - Tour of Butte County Juvenile Hall Facility - recess
from the Board meeting and reconvene at the Butte County Juvenile
Hall Facility under construction (41 County Center Drive) - action
requested - ACCEPT FOR INFORMATION (990)
RECESSED AT 9:39 A.M. TO THE BUTTE COUNTY JUVENILE HALL FOR A TOUR.
TOUR CONDUCTED.
RECONVENED FROM TOUR AT 10:31 A.M. IN THE BOARD OF SUPERVISORS
ROOM.
03-111 Public Hearing - Extension of Speedway Avenue from Midway to
Entler Avenue (County Project No. 50255C-99-1) - Adoption of a
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 - action requested - STAFF
RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE STAFF REPORT,
ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS AND AUTHORIZE THE CHAIR TO SIGN;
2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS
WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND 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 WILDLIFE SERVICE. THE
PROJECT WILL NOT HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY
RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON
FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE
CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT
OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES;
CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING
BIOLOGICAL RESOURCES, OR CONFLICT WITH THE PROVISIONS OF AN
ADOPTED HABITAT CONSERVATION PLAN; AND
3. ADOPT A MITIGATION MONITORING AND REPORTING (MMR) PROGRAM AND
DIRECT THE PUBLIC WORKS DEPARTMENT TO MAKE THE MITIGATION
MONITORING AND REPORTING PROGRAM AS PART OF THE REQUIREMENTS
FOR THE PROJECT. (FROM 3-11-03 [5.04]) (1071)
MINUTES
PAGE 10
APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 8, 2003
03-111 PUBLIC HEARING OPENED: 10:34 A.M.
PUBLIC HEARING CLOSED: 10:56 A.M.
MOTION: I MOVE, SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE STAFF
REPORT, TO ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS AND AUTHORIZE THE CHAIR TO SIGN; FIND THAT
THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE
ENVIRONMENTAL DAMAGE TO FISH AND WILDLIFE OR THEIR HABITAT AND
APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4 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 WILDLIFE SERVICE.
THE PROJECT WILL NOT HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY
RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY
PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER
ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE
RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY
LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES, OR
CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION
PLAN; AND FURTHER MOVE TO ADOPT A MITIGATION MONITORING AND
REPORTING (MMR) PROGRAM AND DIRECT THE PUBLIC WORKS DEPARTMENT TO
MAKE THE MITIGATION MONITORING AND REPORTING PROGRAM PART OF THE
REQUIREMENTS FOR THE PROJECT.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
03-112 Public Hearing - John and Sharon Byrne - Tentative Subdivision
Map - consideration of an appeal of the Development Review
Committee's approval of a Tentative Subdivision Map proposing 36
single family residential parcels. The parcels will be from 6,500
to 8,576 square feet in size with a gross density of 3.8 dwelling
units per acre. Sewage disposal would be handled by an on-site
community system. Water supply would be provided by the
California Water Company. Drainage would be handled by an on-site
retention basin with discharge into the Shasta Union Drainage
Assessment District. The project would obtain access via a looped
internal subdivision road that would connect with Godman Avenue at
two locations. This is a project on which notice of intent to
adopt a negative declaration with mitigation measures regarding
environmental impacts has been given. The property is zoned S-R
(Suburban Residential) and is located at the southwest corner of
Eaton Road and Godman Avenue, in the north Chico area, and
identified as APN 007-260-091 and 007-260-082 (DB [TSM 01-06]) -
action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING
ACTIONS:
1. SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE STAFF REPORT
DATED FEBRUARY 25, 2003, ADOPT A MITIGATED NEGATIVE
DECLARATION;
MINUTES PacE 11 APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -APRIL 8, 2003
03-112 2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS
WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH OR WILDLIFE OR
THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE
COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4(d) AND 14 CCR 753.5 AS THE PROJECT SITE IS NOT KNOWN
TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE, SENSITIVE,
OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS,
POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF
FISH AND GAME OR THE UNITED STATES FISH AND WILDLIFE SERVICE.
THE PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON
ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON
FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE
CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT
OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES;
CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING
BIOLOGICAL RESOURCES, OR CONFLICT WITH THE PROVISIONS OF AN
ADOPTED HABITAT CONSERVATION PLAN; AND
3 . SUBJECT TO FINDINGS II I (A-I ) AS DETAILED IN THE STAFF REPORT
DATED FEBRUARY 25, 2003, AND THE CONDITIONS OF APPROVAL AS
DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED
FEBRUARY 25, 2003, DENY THE APPEAL AND APPROVE TENTATIVE
SUBDIVISION MAP 01-06 FOR JOHN AND SHARON BYRNE, APN 007-260-
091 AND 007-260-082. (FROM 2-25-03 [5.02]) (2784)
CLOSED PUBLIC HEARING RECONVENED: 11:18 A.M.
PUBLIC HEARING REOPENED: 11:29 A.M.
HEARING CONTINUED OPEN TO MAY 13, 2003, AT 10:45 A.M. TO ALLOW
STAFF TIME TO PROVIDE THE BOARD WITH ADDITIONAL INFORMATION.
03-113 An Ordinance Amending Section 136 of Chapter 2 of the Butte County
Code entitled "Administration"; Sections 10, 54, 161, 161.1,
161.2, 162, 167, 173, and 190 of Chapter 20 of the Butte County
Code entitled "Subdivisions"; and Sections 41, 52, and 210 of
Chapter 24 of the Butte County Code entitled "Zoning" -
consideration of an ordinance that would amend the Code to
eliminate references to the Development Review Committee and
Planning Manager. The proposed changes would allow the Planning
Commission to hear all land use projects and streamline the
overall planning process - action requested - WAIVE READING OF THE
ORDINANCE. (3772)
PUBLIC HEARING OPENED: 11:49 A.M.
PUBLIC HEARING CLOSED: 11:49 A.M.
MOTION: I MOVE TO WAIVE THE READING OF THE ORDINANCE.
S M
VOTE: 1 Y 2 Y 3 N 4 Y 5 Y (Motion Carried)
MINUTES PAGE 12
APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 8, 2003
PUBLIC COM[IENT
03-114 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. (4485)(**00)
1. Ann Sutherland, United Domestic Workers, addressed the Board
regarding increased wages for in-home supportive services
workers.
CLOSED SESSION
03-115 RECESS: THE BOARD RECESSED AT 11:58 A.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(B)(1) ONE
POTENTIAL CASE; A CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) JONES, ET
AL. V. BROOKS, ET AL. - BUTTE COUNTY SUPERIOR
COURT CASE NO. 84429, AND PLANNING AND
CONSERVATION LEAGUE, ET AL. V. DEPARTMENT OF
WATER RESOURCES, 83 CAL.APP.4TH 892 (2000); AND
PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/
RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION
54957: DIRECTOR-PUBLIC HEALTH. (**95)
RECONVENE: THE BOARD RECONVENED AT 1:12 P.M. FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(B)(1) ONE
POTENTIAL CASE; A CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) JONES, ET
AL. V. BROOKS, ET AL. - BUTTE COUNTY SUPERIOR
COURT CASE NO. 84429 AND PLANNING AND
CONSERVATION LEAGUE, ET AL. V. DEPARTMENT OF
WATER RESOURCES, 83 CAL.APP.4TH 892 (2000); AND
PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/
RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION
54957: DIRECTOR-PUBLIC HEALTH. (**195) (NO
ANNOUNCEMENTS)
MINUTES
PacE 13 APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 8, 2003
PUBLIC HEARINGS AND TIMED ITEMS
03-116 Public Hearing - Oroville Bangor Highway Improvement Project -
(County Project No. 10661-00-1) - Initial Study and Proposed
Mitigated Negative Declaration Regarding Environmental Impacts -
the purpose of the proposed project is to rehabilitate and improve
the existing roadway to meet current safety standards, including
realignment of four curves within project boundaries. Other
improvements include widening the paved shoulders and resurfacing
the highway, installing metal beam guardrail, replacing existing
storm drain culverts, replacing bridge rails at Rocky Honcut Creek
Bridge, and completing horizontal and vertical realignments of
sections of the highway to meet current design standards. The
County has reviewed and considered the proposed project and the
substantial supporting evidence provided in the Draft Initial
Study/Mitigated Negative Declaration and has determined that,
subject to the mitigation measures identified, the project will
not have a significant effect on the environment. The County has
prepared and proposes to adopt a Mitigated Negative Declaration
for this project. The public review period for the Mitigated
Negative Declaration will end on April 11, 2003. A public hearing
will be held on April 22, 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 22, 2003, AT 10:45 A.M. FOR CONSIDERATION OF CERTIFICATION
OF THE MITIGATED NEGATIVE DECLARATION AND THE PROJECT. (**197)
PUBLIC HEARING OPENED: 1:17 P.M.
PUBLIC HEARING CLOSED: 1:17 P.M.
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 22, 2003, AT 10:45 A.M. FOR
CONSIDERATION OF CERTIFICATION OF THE MITIGATED NEGATIVE
DECLARATION AND THE PROJECT.
MINUTES
PacE 14 APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 8, 2003
03-117 Continued 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 a Zoning Ordinance Amending Chapter 24 of the Butte
County Code 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. A Zoning Ordinance Amending Chapter 24 of the Butte County
Code 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.
Action requested - WAIVE READING OF AMENDED ORDINANCES. (FROM
3-25-03 [5.05]) (**344)
PUBLIC HEARING RECONVENED: 1:19 P.M.
MOTION: I WOULD LIKE TO SPLIT THESE UP AND MAKE A MOTION TO WAIVE THE
READING OF ORDINANCE 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) AND
TABLE THE SECOND ORDINANCE (A ZONING ORDINANCE AMENDING CHAPTER 24
OF THE BUTTE COUNTY CODE REQUIRING A USE PERMIT FOR THE CONVERSION
OF LAND FOR CONSERVATION PURPOSES) TO AN UNSPECIFIED TIME TO ALLOW
ADDITIONAL DISCUSSIONS AND PUBLIC INPUT ON THE MATTER.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MINUTES
PAGE 15 APRIL 8, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 8, 2003
P,DJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 1:38 P.M. TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD APRIL 22, 2003, AT 9:00 A.M.
ATTEST:
R.J. BEELER, CHAIR
Paul McIntosh, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
MINUTES
PAGE 16
APRIL 8, 2003