HomeMy WebLinkAboutM050801BOARD OF SUPERVISORS
MINUTES
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
KIM YAMAGUCHI, 5th District
Mav 8, 2001
Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Dolan, Houx, Yamaguchi, and Vice-Chair
Beeler. Not present: 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 - Reverend Stan Henderson, Trinity Presbyterian
Church, Oroville.
01-138 Items removed from the Consent Agenda for Board consideration
and action. (115)
Fairway Oaks Subdivision - Final Map - APN 040-050-054
and 068, creating 20 lots located south of the City of
Chico at Butte Creek Country Club between State
Highway 99 and Oroville Chico Highway. The developer has
provided an Irrevocable Letter of Credit to guarantee
construction of the required road, drainage, fire
protection and sewerage facilities within one year. The
Fire Department has requested the developer enter into a
Fire Protection water System Maintenance Agreement to
ensure the continued operation and maintenance of the
fire protection system - action requested - APPROVE FINAL
MAP; ACCEPT THAT PORTION OF OROVILLE CHICO HIGHWAY AS
OFFERED FOR DEDICATION IN FEE SIMPLE TO THE COUNTY OF
BUTTE IN ITEM 1 OF THE OWNER'S STATEMENT; ACCEPT THE
RELINQUISHMENT OF ABUTTER'S RIGHTS ALONG OROVILLE CHICO
HIGHWAY THAT FRONTS ON LOT 22 AS OFFERED FOR DEDICATION
TO THE COUNTY OF BUTTE IN ITEM 2 OF THE OWNER'S
STATEMENT; ACCEPT THAT PORTION OF LOS CABOS DRIVE AS
OFFERED FOR DEDICATION IN FEE SIMPLE TO THE COUNTY OF
BUTTE IN ITEM 3 OF THE OWNER'S STATEMENT. ACCEPT THOSE
EASEMENTS FOR PUBLIC SERVICE PURPOSES AS OFFERED IN ITEMS
4 , 5 , AND 6 OF THE OWNER' S STATEMENT ON BEHALF OF THE
ENTITIES NAMED. NOTE THAT THE "FUTURE ROAD" AS OFFERED
FOR DEDICATION IN ITEM 7 OF THE OWNER'S STATEMENT IS NOT
ACCEPTED AT THIS TIME; ACCEPT ITEMS "A" THROUGH "E" OF
THE OWNER'S STATEMENT ON BEHALF OF THE FAIRWAY OAKS
HOMEOWNER'S ASSOCIATION; AND AUTHORIZE THE CHAIR TO SIGN
THE SUBDIVISION AGREEMENT AND THE FIRE PROTECTION WATER
SYSTEM MAINTENANCE AGREEMENT.
THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD
CONSIDERATION OR ACTION. THIS ITEM WILL RETURN ON A
SUBSEQUENT AGENDA.
Page 182 Mav 8, 2001
Mav 8, 2001
01-138 2. Acquisition of Property - Old Centerville Road at
Midway - Board approval is requested by the Public works
Department to quit claim 6,733 square feet of property
known as the Old Centerville Road right-of-way to the
City of Chico. The City of Chico has requested
acquisition of the property for the Midway Bicycle Path
project - action requested - APPROVE A RESOLUTION
AUTHORIZING EXECUTION OF QUIT CLAIM DEED AND AUTHORIZE
THE CHAIR TO SIGN; AND APPROVE QUIT CLAIM DEED AND
AUTHORIZE THE CHAIR TO SIGN.
THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD
CONSIDERATION OR ACTION. REVIEW OF THIS ITEM HAS
DETERMINED THAT BOARD ACTION IS NOT REQUIRED.
3. Award of Bid No. 110-01 - Southside Oroville Community
Center - bids have been opened for construction of the
Southside Oroville Community Center with the low bidder
meeting specifications being Trent Construction of Red
Bluff, in the amount of $3,147,288. Staff may present an
alternate bid award recommendation depending on
availability of additional funds - action requested -
AWARD BID AND AUTHORIZE THE CHAIR TO SIGN AGREEMENT
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
Consent Acrenda
O1-139 1. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-325 (ASSESSOR/FACILITIES SERVICES); B-333
(SHERIFF-CORONER/JAIL/FACILITIES SERVICES); B-332
(SHERIFF-CORONER/JAIL/FACILITIES SERVICES); AND B-328
(FIRE DEPARTMENT). (Budget transfers listed above, with
the exception of B-328, require a 4/5 vote).
2. County Library Donations - in accordance with Government
Code Section 25355, donations of $2,000 from the Chico
Friends of the Library, and $909.50 from the Oroville
Friends of the Library have been received for the Butte
County Trust Fund for the purchase of books - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
3. Sheriff's Office Donation - in accordance with Government
Code section 25355, a donation of a 1991 Ford Econoline
Van, with a value of $2,848, has been donated to the
Sheriff's Office by Pacific Gas and Electric for use by
the Sheriff's Team of Active Retired Seniors
(S.T.A.R.S. ) - action requested - ACCEPT DONATION AS A
FIXED ASSET ITEM AND AUTHORIZE A LETTER OF APPRECIATION.
Page 183 Mav 8, 2001
Mav 8, 2001
O1-139 4. Request to Acquire Extra-Territorial Property within the
Chico Urban Area for Roadway Improvements - the City of
Chico is requesting the County's consent to acquire
specific property located within the unincorporated area
of the Chico Urban Area for a roadway improvement project
to reconstruct East Avenue from Ceanothus Avenue to the
Bidwell Vista Subdivision. This request has the support
of the County's Public works Director - action
requested - CONSENT TO CITY ACQUISITION OF EXTRA-
TERRITORIAL PROPERTY WITHIN THE CHICO URBAN AREA FOR
ROADWAY IMPROVEMENTS ON PROPERTY LOCATED ALONG EAST
AVENUE AS DEPICTED AND DESCRIBED IN THE CITY OF CHICO'S
LETTER TO THE COUNTY DATED FEBRUARY 1, 2001, AND
AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO NOTIFY THE
CITY OF CHICO OF THE SAME.
5. Award of Bid No. 105-O1 - Gridley Fire Station 74
Improvements - bids have been opened for the construction
of an addition to the fire station to provide additional
sleeping quarters. The low bidder was Miles Lowery
Construction of Yuba City in the amount of $138,990. The
Fire Department had budgeted $69,119 for the project, and
Board approval is requested by the Fire Department for a
budget transfer of capital improvement funds from the
Fire Station 45 and 33 projects to provide the remaining
needed funding - action requested - APPROVE BUDGET
TRANSFER B-327; AND AWARD BID AND AUTHORIZE THE CHAIR TO
SIGN THE CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
6. Juvenile Hall Change Order Policy - Board approval is
requested by the General Services Director for a
resolution which would establish a change order policy
for the Butte County Juvenile Hall construction project -
action requested - ADOPT RESOLUTION O1-048 AND AUTHORIZE
THE CHAIR TO SIGN.
7. Surplus Vehicles - the General Services Director submits
a listing of various vehicles and road equipment items
that are fixed assets deemed to be beyond economic
repair, and no longer needed by the County - action
requested - DECLARE ITEMS SURPLUS TO THE NEEDS OF THE
COUNTY AND AUTHORIZE DISPOSAL BY THE PURCHASING AGENT IN
ACCORDANCE WITH COUNTY POLICY.
8. Surplus Helicopter - Board approval is requested by the
Sheriff's Office and the General Services Director to
declare surplus a Sheriff's Office military surplus
helicopter (County Asset No. 24157) which has been
dismantled for parts for the department's operational
helicopter. The surplus helicopter has been dismantled
to the point where only the airframe remains - action
requested - DECLARE FIXED ASSET ITEM SURPLUS TO THE NEEDS
OF THE COUNTY AND AUTHORIZE DISPOSAL BY THE PURCHASING
AGENT IN ACCORDANCE WITH COUNTY POLICY.
Page 184 Mav 8, 2001
Mav 8, 2001
O1-139 9. Auditor's Office Computer Equipment Upgrade - Board
approval is requested by the Auditor-Controller to
purchase fixed asset computer equipment (hardware) in the
amount of $74,000 to support the upgraded financial
system software. The department is proposing to use
savings in salaries and benefits to fund the purchase,
and Board approval is requested for a budget transfer to
provide the necessary funding - action requested -
APPROVE BUDGET TRANSFER B-319 (4/5 vote required); AND
APPROVE PURCHASE OF FIXED ASSET ITEMS.
10. Sheriff-Coroner - Records Department Remodel - Board
approval is requested by the Sheriff-Coroner to
appropriate $78,500 from Sheriff Impact Fees and $19,000
from the Inmate welfare Fund to the Sheriff's Office
current year budget, as detailed in the agenda report, to
facilitate a remodel of the Records Department, and to
purchase a Holga track system for filing - action
requested - APPROVE BUDGET TRANSFER B-334 ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE (4 /5 vote required);
AND APPROVE PURCHASE OF FIXED ASSET ITEM.
11. Live Scan Program - Board approval is requested by the
Butte County Department of Social welfare to accept and
appropriate $50,000 from the State Department of Social
Services Live Scan and Background Checks Augmentation for
the purchase of equipment to conduct fingerprint
background checks prior to placing children in the home
of a relative, prospective guardian, or other person that
is not a licensed or certified foster parent. The
department has reviewed alternative systems and has
selected Identix as the most suitable for installation in
the Chico and Oroville Community Employment Centers. The
total cost of both systems will be $56,062, with the
difference between the total cost and the allocation
being covered by existing budgeted allocations - action
requested - APPROVE BUDGET TRANSFER B-324 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED STATE
AND FEDERAL REVENUE; AND APPROVE PURCHASE OF FIXED ASSET
ITEM.
12. Lake Oroville Area Public Utilities District (LOAPUD) -
Tax Exchange Agreement - an application for annexation
has been received by the Local Agency Formation
Commission for annexation of territory for the lands of
William H. Asher. Pursuant to Revenue and Taxation Code
Section 99-99.2, a property tax exchange agreement must
be reached between the District and the County. The
LOAPUD Board has certified Resolution No. 2-01 stating
this change of organization will be revenue neutral to
all affected agencies - action requested - APPROVE
PROPERTY TAX EXCHANGE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN.
Page 185 Mav 8, 2001
Mav 8, 2001
O1-139 13. Adoption of an Ordinance Delegating Investment Authority
to the Treasurer - Government Code Section 53607 allows
the Board of Supervisors to delegate investment authority
to the Treasurer on an annual basis. The proposed
ordinance will provide investment authority to the Butte
County Treasurer-Tax Collector for fiscal year
2001-2002 - action requested - ADOPT ORDINANCE 3714 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 4-24-O1 [3.10])
14. Annual Statement of Investment Policy - Board approval is
requested by the Treasurer-Tax Collector, pursuant to
Government Code Section 27133 and 53646(a)(1), for an
Annual Statement of Investment Policy which sets forth a
policy regarding the investment of surplus funds, and
funds under the custodianship of the Treasurer. The
policy was reviewed by the Butte County Treasury
Oversight Committee, and will become effective
July 1, 2001, for fiscal year 2001-2002 - action
requested - APPROVE STATEMENT OF INVESTMENT POLICY
EFFECTIVE JULY 1, 2001.
15. Agricultural Department - Unanticipated Revenue - Board
approval is requested by the Agricultural Commissioner to
accept $40,074 in unanticipated revenue received from the
State Department of Food and Agriculture as an
augmentation to the unclaimed gas tax allocation, and
$153,457 in unanticipated revenue received from the State
Department of Pesticide Regulation as an augmentation to
the pesticide mill assessment allocation. Board approval
is also requested to appropriate $4,400 to the
Agricultural Department's budget for the purchase of
equipment. The remaining $189,131 will remain in the
General Fund - action requested - APPROVE BUDGET TRANSFER
B-326 (4/5 vote required) ACCEPTING $193,531 IN
UNANTICIPATED REVENUE AND APPROPRIATING $4,400 TO THE
AGRICULTURAL DEPARTMENT BUDGET.
16. County Service Area (CSA) #34 - Gridley Swimming Pool -
Loan Repayment - in July 2000 a loan in the amount of
$28,000 was granted to CSA #34. The funds needed to
repay the loan are available in Fund 440 (Gridley
Swimming Pool), and Board approval is requested for a
budget transfer to facilitate the repayment - action
requested - APPROVE BUDGET TRANSFER B-323 (4/5 vote
required); AND DIRECT THE AUDITOR-CONTROLLER TO MAKE THE
LOAN REPAYMENT TO THE COUNTY SERVICE AREA REVOLVING LOAN
FUND.
Page 186 Mav 8, 2001
Mav 8, 2001
O1-139 17. Road and Bridge Construction Project List Amendment and
Appropriation Increase, 2000-2001 - Board approval is
requested by the Public works Department to revise the
Road and Bridge Construction List for 2000-2001 to
include three additional projects in the amount of
$1,686,267.50. The three projects and revenue sources
are detailed in the agenda report - action requested -
APPROVE AMENDED PROJECT LIST; AND APPROVE BUDGET TRANSFER
B-335 (4 /5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE.
18. Adoption of a Salary Ordinance Amendment - the
District Attorney has requested the Personnel Department
prepare a salary ordinance amendment which adds one
position of Supervisor-Clerical Support Services to the
Bad Check Unit of the Criminal Division. The position is
being added in response to growth in the division which
has necessitated daily supervision. The department
intends to fill the new position by promoting from
within, then deleting the resulting vacant position -
action requested - ADOPT ORDINANCE 3715 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 4-24-O1 [3.18])
19. Adoption of a Salary Ordinance Amendment - the District
Attorney has requested the Personnel Department prepare
a salary ordinance amendment which deletes one flexibly
staffed position of Legal Typist Clerk/Office Assistant
III, and adds one position of Investigative Assistant to
the Child Abduction Unit. The position is being modified
to better reflect the duties performed by the incumbent.
Child Abduction Unit positions are funded with 1000 State
funds - action requested - ADOPT ORDINANCE 3716 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 4-24-O1 [3.19])
20. Adoption of a Salary Ordinance Amendment - the District
Attorney has requested the Personnel Department prepare
a salary ordinance amendment which adds one term position
of Investigative Assistant in support of the Probation
Department's Memorandum of Understanding for
implementation of a warrant Team. This position will be
funded with grant funds by way of a monthly billing to
the Probation Department - action requested - ADOPT
ORDINANCE 3717 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
4-24-O1 [3.20] )
21. Adoption of a Salary Ordinance Amendment - the District
Attorney-Family Support Division has requested the
Personnel Department prepare a salary ordinance amendment
which adds four flexibly staffed positions of Family
Support Case Manager III/II/I, one flexibly staffed
position of Office Assistant III/II/I, and one position
of Administrative Services Assistant in support of the
State mandated Customer Service Plan approved by the
Board on April 10, 2001 - action requested - ADOPT
ORDINANCE 3718 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
4-24-O1 [3.21] )
Page 187 Mav 8, 2001
Mav 8, 2001
O1-139 22. Adoption of a Salary Ordinance Amendment - the District
Attorney-Family Support Division has requested the
Personnel Department prepare a salary ordinance amendment
which creates the classification of Chief Child Support
Attorney (Step 1 [$33.67] - Step 5 [$40.92]) to the
Salary Plan for Classified Positions, Reference F,
Management, Confidential and Supervisory Unit
Classifications. The position is being created in
preparation of the transition of the Family Support
Division to its own department - action requested - ADOPT
ORDINANCE 3719 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
4-24-O1 [3.22])
23. Introduction of a Salary Ordinance Amendment - the
welfare Department has requested the Personnel Department
prepare a salary ordinance amendment which provides for
a parity adjustment for the classification of welfare
Program Manager, retroactive to October 2, 1999, as a
result of arbitration with the Butte County Management
Employees Association - action requested - WAIVE READING
OF THE ORDINANCE.
24. Introduction of a Salary Ordinance Amendment - the
District Attorney has requested the Personnel Department
prepare a salary ordinance amendment which replaces the
urgency salary ordinance adopted March 27, 2001, which
extended the term dates of one position of Mental Health
Counselor, and one half-time position of District
Attorney Investigator II/I to February 28, 2002. The
positions are part of the Violence Against women Vertical
Prosecution Program and the urgency ordinance was adopted
to allow the term positions to continue uninterrupted.
This ordinance replaces the urgency ordinance - action
requested - WAIVE READING OF THE ORDINANCE.
25. Introduction of a Salary Ordinance Amendment - the Public
Health Department has requested the Personnel Department
prepare a salary ordinance amendment which adds one
position of Administrative Analyst III/II/I. The
position is being added to address the increased
responsibilities associated with the Medi-Cal
Administrative Allowance program and the Targeted Case
Management program. The department has sufficient
savings to fund the position for the remainder of this
fiscal year and has included the position in the fiscal
year 2001-2002 proposed budget - action requested - WAIVE
READING OF THE SALARY ORDINANCE AMENDMENT.
26. Resolution Proclaiming May 2001 as Mental Health Month -
action requested - ADOPT RESOLUTION O1-049 AND AUTHORIZE
THE CHAIR TO SIGN.
Page 188 Mav 8, 2001
Mav 8, 2001
O1-139 27. Quincy Engineering, Inc. - widening of Skyway from Pentz
Road to Southpark Drive - Board approval is requested by
the Public works Department for an agreement with Quincy
Engineering, Inc., for the preparation of environmental
documents and preliminary design studies for the road
widening project on Skyway from Pentz Road to Southpark
Drive. The term of the agreement is May 1, 2001, through
June 30, 2004, with a maximum amount payable of
$620,244.29. The department's budget contains $500,000
for this agreement, and Board approval is also requested
for a budget transfer of $120,245 in department funds to
provide the additional funding - action requested -
APPROVE BUDGET TRANSFER B-309 (4 /5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE IN THE
AMOUNT OF $120,245; AND APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (FROM 4-24-O1 [3.24])
28. Construction of Pavement Overlays on Various Butte County
Roadways - County Project No. AC-99-2 - the project
consists of a total of 6.6 miles of pavement overlay on
Grand Avenue from the Oroville city limits to Twentieth
Street, Biggs East Highway from State Route 99 to Larkin
Road, and Upper Palermo Road from Ophir Road to Palermo
Road. Bids were received on April 24, 2001, with the low
bidder being Robinson Construction Company, in the amount
of $688,810. 730 of the construction cost is reimbursable
through the State Transportation Improvement Program -
action requested - AWARD BID AND AUTHORIZE THE DIRECTOR
OF PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT WITH
ROBINSON CONSTRUCTION COMPANY IN THE AMOUNT OF $688,810
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
29. Construction of Pavement Overlays on Various Butte County
Roadways - County Project No. AC-2000-1 - the project
consists of a total of 4.9 miles of pavement overlay on
East Gridley Road from Kirk Road to State Route 70, B
Street from the Biggs city limits to State Route 99, and
Larkin Road from East Evans Reimer Road to East Gridley
Road. Bids were received on April 17, 2001, with the low
bidder being Robinson Construction Company, in the amount
of $508,190. 1000 of the construction cost is
reimbursable through the State Transportation Improvement
Program - action requested - AWARD BID AND AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT
WITH ROBINSON CONSTRUCTION COMPANY IN THE AMOUNT OF
$508,190 SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
Page 189 Mav 8, 2001
Mav 8, 2001
O1-139 30. Construction of a Pavement Overlay on Colusa Highway from
Pennington Road to the Gridley City Limits - County
Project No. AC-99-4 - the project consists of 4.4 miles
of pavement overlay from Pennington Road to the Gridley
city limits. Bids were received on April 10, 2001, with
the low bidder being Teichert Construction of Davis, in
the amount of $449,267.50. 870 of the construction cost
is reimbursable through the State Transportation
Improvement Program - action requested - AWARD BID AND
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN
CONSTRUCTION AGREEMENT WITH TEICHERT CONSTRUCTION OF
DAVIS IN THE AMOUNT OF $449,267.50 SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
31. Resolution Certifying Annual Changes to Butte County
Maintained Mileage - Board approval is requested by the
Public Works Department for an annual resolution which
certifies the current maintained mileage within Butte
County pursuant to Streets and Highways Code Section
2121. The total mileage of maintained County roads is
certified at 1,355.93 miles - action requested - ADOPT
RESOLUTION O1-050 AND AUTHORIZE THE CHAIR TO SIGN.
32. NorthStar Engineering - West Eighth Avenue Improvement
Project - Board approval is requested by the Public works
Department for an agreement with NorthStar Engineering
for the provision of professional engineering services
for the design of west Eighth Avenue improvements between
State Route 32 and the Esplanade in Chico. Consultant
services include determining right-of-way requirements,
utility coordination, soil investigation, street design,
sanitary sewer design, storm drainage design, and
preparation of construction documents. The County and the
City of Chico have jointly programmed approximately $3.1
million in State Transportation Improvement Program funds
for this project, with the City of Chico agreeing to
share in the costs of the project's design, right-of-way
acquisition, environmental review and construction. The
maximum amount of the agreement is not to exceed
$130,576 - action requested - APPROVE BUDGET TRANSFER B-
322 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE
(4 /5 vote required); AND APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN.
33. City of Chico Cost Sharing Agreement - West Eighth Avenue
Improvement Project - Board approval is requested by the
Public works Department for a cost sharing agreement with
the City of Chico for the design, right-of-way
acquisition, environmental review and construction of
west Eighth Avenue improvements between State Route 32
and the Esplanade in Chico - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 190 Mav 8, 2001
Mav 8, 2001
O1-139 34. Kitchell CEM, Inc. - Amendment - Board approval is
requested by the General Services Director for an
amendment to the agreement with Kitchell CEM, Inc., for
the inclusion of special contract provisions required by
the State Board of Corrections as part of the grant
funding for the new Juvenile Hall project. The
conditions relate to the retention of books and records,
access to records, access to project staff and
facilities, and nondiscrimination provisions - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
35. California Department of Food and Agriculture - Board
approval is requested by the Agricultural Commissioner
for a revenue agreement with the California Department of
Food and Agriculture for funds to support the Butte
County weed Management Plan. The term of the agreement
is February 1, 2001, through December 31, 2001, with a
maximum amount payable to the County of $30,149. Board
approval is also requested to accept and appropriate
$15,370 for this fiscal year, with the remaining $14,779
to be included in the fiscal year 2001-2002 budget -
action requested - APPROVE BUDGET TRANSFER B-329
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. R40301)
36. Quad Knopf, Inc. - Amendment - Board approval is
requested by the Administrative Office for an amendment
to the agreement with Quad Knopf, Inc., for the
preparation of an Environmental Impact Report in support
of the financial loan and grant applications associated
with the Chico Urban Area Nitrate Compliance Plan. The
amendment extends the term of the agreement through
September 30, 2001, to allow additional time for document
preparation and completion. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11545)
37. Robert L. Zadra, M.D. - Board approval is requested by
the Butte County Department of Behavioral Health for an
agreement with Robert L. Zadra, M.D. for the provision of
medical work in the specialized field of psychiatry. The
term of the agreement is April 1, 2001, through
June 30, 2002, with a maximum amount payable of $56,672
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X12015)
Page 191 Mav 8, 2001
Mav 8, 2001
O1-139 38. Oroville Hospital - Amendment - Board approval is
requested by the Butte County Department of Behavioral
Health for an amendment to the agreement with Oroville
Hospital for the provision of emergency room services to
include non-emergency transportation as an allowable
service provision under this agreement. The term of the
agreement will remain July 1, 1999, through
June 30, 2001, and increases the maximum amount payable
to $75,400 ($27,000 for fiscal year 1999-2000 and $48,400
for fiscal year 2000-2001 [department budget]) - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
39. T. w. DuFour and Associates - Lease Agreement - 500
Cohasset Road, Suite 20, Chico - Board approval is
requested by the Butte County Department of Behavioral
Health for a lease agreement with T. w. DuFour and
Associates for the property located at 500 Cohasset Road,
Suite 20, Chico. The site will be utilized by the Youth
Services Division to expand its delivery of psychological
services. The term of the lease is April 2, 2001,
through April 30, 2010, with a maximum amount payable of
$180,840.38, with T. w. DuFour providing one month of
free rent - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
40. Right Road Recovery Programs, Inc. - Board approval is
requested by the Butte County Department of Behavioral
Health to amend three separate agreements with Right Road
Recovery Programs, Inc., as follows:
A. Right Roads Recovery Programs, Inc. - Drug Court,
Amendment C - proposed is the extension of the
agreement to June 30, 2001, in a maximum amount of
$117,556.61 for Fiscal Year 2000-2001;
B. Right Roads Recovery Programs, Inc. - CalwORKS,
Amendment A - proposed is the extension of the
agreement to June 30, 2001, in a maximum amount of
$41,440 for Fiscal Year 2000-2001; and
C. Right Roads Recovery Programs, Inc. -
Regular/Dual/Perinatal, Amendment D - proposed is
the addition of homeless residential services, and
the extension of the agreement to June 30, 2001, in
a maximum amount of $106,812 for Fiscal Year 2000-
2001 - action requested - APPROVE AGREEMENT
AMENDMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X10930, Contract No.
X11347, Contract No. X10699)
Page 192 Mav 8, 2001
Mav 8, 2001
O1-139 41. Echo Consulting Services of California, Inc. -
Amendment - Board approval is requested by the Butte
County Department of Behavioral Health for an amendment
to the agreement with Echo Consulting Services of
California, Inc., to increase the optional expenses
included within the agreement by $7,000 to provide
training, technical support, and product development.
The term of the agreement will remain July 1, 1999,
through June 30, 2001, and increases the maximum amount
payable to $136,366.93 ($58,318.30 for fiscal year 1999-
2000 and $78,048.63 for fiscal year 2000-2001 [department
budget]) - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
42. Macro Corporation - Amendment - Board approval is
requested by the Information Systems Department/
Communications Division for an amendment to the agreement
with Macro Corporation for the provision of a strategic
plan to upgrade the County's radio network. The
amendment extends the term of the agreement for 120 days
to allow the contractor additional time to complete the
plan. 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.
43. KMD Justice - Board approval is requested by the General
Services Director for an amendment to the agreement with
KMD Justice, a division of Kaplan McLaughlin Diaz (KMD),
for the provision of professional architect and
engineering services for construction of a new Juvenile
Hall. The amendment increases the maximum amount payable
by $1,265 (project budget) for documentation and design
of infrastructure for a radio communications system. 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.
44. California State Library - Families for Literacy Program
Services Grant - Board approval is requested by the
Library to apply to the California State Library for
funds for the Families for Literacy Program for Fiscal
Year 2001-2002. Funds from the grant will be utilized
for materials and staff to address the problems in
intergenerational illiteracy in eligible adult learner
families - action requested - APPROVE SUBMISSION OF GRANT
APPLICATION AND AUTHORIZE THE DIRECTOR OF LIBRARIES TO
SIGN.
Page 193 Mav 8, 2001
Mav 8, 2001
O1-139 45. Superior Court of California-County of Butte - Memorandum
of Understanding - Board approval is requested by the
Probation Department for an amendment to the Memorandum
of Understanding with the Superior Court of California-
County of Butte for the provision of funding for one
Probation Officer position and one half-time Probation
Technician in support of the Adult Drug Court program.
The amendment extends the term of the agreement through
May 30, 2001, with all other terms and provisions to
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X11572)
46. Office of Criminal Justice Planning - Marijuana
Suppression Grant 2000-2001 - Board approval is requested
by the Sheriff's Office to accept and appropriate an
additional $65,745 in funds received from the Office of
Criminal Justice Planning as an augmentation to the
Marijuana Suppression Grant for Fiscal Year 2000-2001.
Board approval is requested to appropriate the funds as
detailed in the agenda report, and to purchase a four-
wheel drive vehicle in the amount of $28,000 and a cargo
hook for the department's helicopter in the amount of
$3,500 - action requested - APPROVE BUDGET TRANSFER B-330
(4 /5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED GRANT REVENUE; APPROVE PURCHASE OF TWO
FIXED ASSET ITEMS; AND AUTHORIZE THE SHERIFF-CORONER TO
SIGN THE GRANT AGREEMENT ON BEHALF OF THE COUNTY.
(Contract No. R40164)
47. Butte County Sheriff's Office - Memorandum of
Understanding (MOU) - Sheriff Inmate Labor Program -
Board approval is requested by the Public works
Department to increase the hourly rate of the Sheriff
Inmate Labor Program from $35 per hour to $53 per hour in
order to sufficiently cover costs associated with the
program. In order to facilitate this increase, approval
is requested to amend the current MOU to end on
June 30, 2000, with a maximum amount payable of $51,500.
Proposed is a new MOU for the ongoing utilization of the
program for the term July 1, 2000, to June 30, 2002, in
a maximum amount of $160,000 - action requested - APPROVE
MOU AMENDMENT NO. 2 AND AUTHORIZE THE CHAIR TO SIGN
(Contract No. X10948); AND APPROVE MOU AND AUTHORIZE THE
CHAIR TO SIGN (Contract No. X11963).
Page 194 Mav 8, 2001
Mav 8, 2001
O1-139 48. Butte County Sheriff's Office - Memorandum of
Understanding (MOU) - Sheriff Inmate Labor Program -
Board approval is requested by the Public works
Department-Solid waste Division to increase the hourly
rate of the Sheriff Inmate Labor Program from $35 per
hour to $53 per hour in order to sufficiently cover costs
associated with the program. In order to facilitate this
increase, approval is requested to amend the current MOU
to end on June 30, 2000, with a maximum amount payable of
$25,000 for Fiscal Year 1999-2000. Proposed is a new MOU
for the ongoing utilization of the program for the term
July 1, 2000 to June 30, 2002, in a maximum amount of
$50,000 - action requested - APPROVE MOU AMENDMENT NO. 1
AND AUTHORIZE THE CHAIR TO SIGN (Contract No. X10949);
AND APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN (Contract
No. X11962).
49. wavier of Fees - Board approval is requested by the
Public works Department for a waiver of tipping fees at
the Neal Road Landfill to meet the local contribution
requirement of a clean-up grant from the California
Integrated waste Management Board (CIwMB) to clean-up
illegally dumped waste along a two-mile portion of Oro
Bangor Highway. CIwMB will administer the grant and
provide all labor, equipment, and supplies, with no local
funding required - action requested - WAIVE TIPPING FEES
AT NEAL ROAD LANDFILL FOR WASTE COLLECTED DURING THE
CIwMB CLEAN-UP. (160)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS
3.05, 3.07, AND 3.08, AND ITEM 3.50 AMENDED TO READ, "ACTION
REQUESTED - APPROVE BUDGET TRANSFER B-330 ACCEPTING AND
APPROPRIATING UNANTICIPATED GRANT REVENUE; APPROVE PURCHASE OF
TWO FIXED ASSET ITEMS; AND AUTHORIZE THE SHERIFF-CORONER TO
SIGN GRANT AGREEMENT ON BEHALF OF THE COUNTY." .
M S
VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Motion Carried)
Regular A ecr nda
O1-140 Matters on which Public Hearings Have Been Held and Motions of
Intent Have Been Adopted - Joint Actions and Resolution
Amending the Butte County General Plan - Russell General Plan
Amendment (GPA Ol-Ol); Mooretown Rancheria General Plan
Amendment and Rezone (GPA/RZ 99-03); Schuster General Plan
Amendment and Rezone (GPA/RZ O1-05) and Tentative Subdivision
Map (APL 01-06, TSM 00-03) - consideration of the actions
needed to implement the Motions of Intent passed by the Board
on February 27, 2001, March 13, 2001, and March 27, 2001 -
action requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
Page 195 Mav 8, 2001
Mav 8, 2001
O1-140 1. RUSSELL GENERAL PLAN AMENDMENT (GPA Ol-Ol)
A. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE JOINT
ACTIONS PREPARED FOR MAY 8, 2001, ADOPT A NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS;
B. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A
"DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3)
AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN
TO CONTAIN ANY SPECIES IDENTIFIED AS CANDIDATE,
SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR
REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE
CALIFORNIA DEPARTMENT OF FISH AND GAME OR 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;
C. SUBJECT TO FINDINGS III(A-B) AS DETAILED IN THE
JOINT ACTIONS PREPARED FOR MAY 8, 2001, FIND THE
GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION
65358;
D. SUBJECT TO FINDINGS IV(A-D) AS DETAILED IN THE
JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT A
JOINT 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 AND
AUTHORIZE THE CHAIR TO SIGN;
2. MOORETOWN RANCHERIA GENERAL PLAN AMENDMENT AND REZONE
(GPA/RZ 99-03)
A. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE JOINT
ACTIONS PREPARED FOR MAY 8, 2001, ADOPT A
MITIGATED NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS;
Page 196 Mav 8, 2001
Mav 8, 2001
O1-140 2. B. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND/OR WILDLIFE OR THEIR HABITAT, AND APPROVE
A "DE MINIMUS" EXEMPTION TO THE PAYMENT 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 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;
C. SUBJECT TO FINDINGS III(A-B) AS DETAILED IN THE
JOINT ACTIONS PREPARED FOR MAY 8, 2001, FIND THAT
THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE PUBLIC
INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT
CODE SECTION 65358;
D. SUBJECT TO FINDINGS IV(A-G) AS DETAILED IN THE
JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT A
JOINT RESOLUTION AMENDING THE GENERAL PLAN FROM LOW
DENSITY RESIDENTIAL TO COMMERCIAL, AND ADOPT AN
ORDINANCE REZONING PROPERTY IDENTIFIED AS A 5.45
ACRE PORTION OF APN 036-310-162 FROM AR
(AGRICULTURAL RESIDENTIAL) TO C-1 (LIGHT COMMERCIAL)
SUBJECT TO THE CONDITIONAL ZONING AGREEMENT ATTACHED
TO THE ZONING ORDINANCE AS EXHIBIT "A" IN THE JOINT
ACTIONS PREPARED FOR MAY 8, 2001, AND AUTHORIZE THE
CHAIR TO SIGN;
3. STEPHEN J. SCHUSTER GENERAL PLAN AMENDMENT, REZONE, AND
TENTATIVE SUBDIVISION MAP (GPA/RZ O1-05) AND (APL O1-06,
TSM 00-03)
A. SUBJECT TO FINDINGS I(A-F) AS DETAILED IN THE JOINT
ACTIONS PREPARED FOR MAY 8, 2001, ADOPT A MITIGATED
NEGATIVE DECLARATION REGARDING ENVIRONMENTAL
IMPACTS;
Page 197 Mav 8, 2001
Mav 8, 2001
O1-140 3. B. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND/OR WILDLIFE OR THEIR HABITAT, AND APPROVE
A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3)
AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN
TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE,
SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR
REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE
CALIFORNIA DEPARTMENT OF FISH AND GAME OR 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;
C. APPROVE FINDINGS SUPPORTING AN OVERRIDE OF THE
AIRPORT LAND USE COMMISSION'S FINDINGS OF
INCONSISTENCY OF TSM-00-03 AND GPA/RZ 00-05 WITH THE
1978 CHICO MUNICIPAL AIRPORT ENVIRONS PLAN, AS
AMENDED OCTOBER 21, 1998, AND DECEMBER 29, 1999, AS
DETAILED IN THE JOINT ACTIONS PREPARED FOR
MAY 8, 2001 (4/5 vote required). THE BOARD HEREBY
MAKES THE FINDINGS REQUIRED BY PUBLIC UTILITIES CODE
SECTIONS 21670 AND 21676, AS SUPPORTED BY THOSE
SPECIFIC FINDINGS SET FORTH IN THE JOINT ACTIONS
PREPARED FOR MAY 8, 2001, WHICH FINDINGS ARE
INCORPORATED HEREIN AND SUPPORT THE CONCLUSION THAT
APPROVAL OF THE SCHUSTER GENERAL PLAN AMENDMENT,
REZONE, AND TENTATIVE SUBDIVISION MAP (SCHUSTER
PROJECT), AS DESIGNATED AND CONDITIONED, WILL NOT
CREATE ANY NEW NOISE AND SAFETY PROBLEMS NEAR THE
CHICO MUNICIPAL AIRPORT. FURTHERMORE, THE APPROVAL
OF THE SCHUSTER PROJECT, AS CONDITIONED, INCLUDES
LAND USE MEASURES THAT MINIMIZE THE PUBLIC'S
EXPOSURE TO EXCESSIVE NOISE, OVERFLIGHT AND SAFETY
HAZARDS AND PROVIDE AIRSPACE PROTECTION. THESE
CONCLUSIONS ARE SUPPORTED BY THE DETAILED
INFORMATION CONTAINED IN THE ADMINISTRATIVE RECORD.
THEREFORE, THE APPROVAL OF THE SCHUSTER PROJECT IS
CONSISTENT WITH THE PURPOSES OF ARTICLE 3.5 OF
CHAPTER 4 OF PART I OF DIVISION 9 OF THE PUBLIC
UTILITIES CODE, AS STATED IN PUBLIC UTILITIES CODE
SECTION 21670.
Page 198 Mav 8, 2001
Mav 8, 2001
O1-140 3. D. SUBJECT TO FINDINGS IV (A-D) AS DETAILED IN THE
JOINT ACTIONS PREPARED FOR MAY 8, 2001, FIND THAT
THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE PUBLIC
INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT
CODE SECTION 65358;
E. SUBJECT TO FINDINGS V(Al-7) AS DETAILED IN THE
JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT AN
ORDINANCE REZONING FROM P-Q (PUBLIC, QUASI-PUBLIC)
TO SR-1 (SUBURBAN RESIDENTIAL - 1 ACRE PARCELS); OS
(OPEN SPACE) TO P-Q; AND SR-1 TO P-Q, AND ADOPT A
RESOLUTION AMENDING THE LAND USE ELEMENT OF THE
GENERAL PLAN FROM "PUBLIC" TO "AGRICULTURAL
RESIDENTIAL", AND FROM "OPEN SPACE" TO "PUBLIC" AND
"AGRICULTURAL RESIDENTIAL" TO "PUBLIC", PROPERTY
IDENTIFIED AS A 5-ACRE PORTION OF APN 047-350-130,
AND A 6.71 ACRE PORTION OF APN 047-350-015, SUBJECT
TO THE CONDITIONAL ZONING AGREEMENT ATTACHED TO THE
ZONING ORDINANCE AS EXHIBIT "B" IN THE JOINT ACTIONS
PREPARED FOR MAY 8, 2001, AND AUTHORIZE THE CHAIR TO
SIGN;
F. SUBJECT TO FINDINGS VI(A-F) AS DETAILED IN THE
JOINT ACTIONS PREPARED FOR MAY 8, 2001, ADOPT A
JOINT RESOLUTION AMENDING THE GENERAL PLAN BY
AMENDING THE NORTH CHICO SPECIFIC PLAN FIGURES 5-1
PARKS AND OPEN SPACE, 6-3 DRAINAGE CONCEPT, AND
FIGURE 3-1 LAND USE MAP, IN ACCORDANCE WITH THE
ACTIONS CONTAINED IN ACTION "E" LISTED ABOVE, ON
PROPERTY IDENTIFIED AS A 5-ACRE PORTION OF APN 047-
350-130, AND A 6.71 ACRE PORTION OF APN 047-350-015,
AND AUTHORIZE THE CHAIR TO SIGN;
G. SUBJECT TO FINDINGS VII(A-D) AS DETAILED IN THE
JOINT ACTIONS PREPARED FOR MAY 8, 2001, UPHOLD
THE APPEAL, AND APPROVE TENTATIVE SUBDIVISION MAP
00-03, FOR STEPHEN J. SCHUSTER, SUBJECT TO THE
CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF
THE JOINT ACTIONS PREPARED FOR MAY 8, 2001. (170)
THIS ITEM CONTINUED WITHOUT BOARD CONSIDERATION OR ACTION TO
MAY 22, 2001.
O1-141 Fire Department - Introduction of a Foreign Student Intern -
Chief Sager would like to introduce a student intern from the
University of Bordeaux - action requested - ACCEPT FOR
INFORMATION. (212)
CHIEF SAGER INTRODUCES KARINE DUDOGNON, STUDENT INTERN,
UNIVERSITY OF BORDEAUX, FRANCE.
Page 199 Mav 8, 2001
Mav 8, 2001
O1-142 Appointments - Boards, Commissions, and Committees. (414)
1. Appointments to listed vacancies. (NONE)
2. Proposition 12 Funds Board Subcommittee - consideration
of the appointment of a Board subcommittee for
consideration of the distribution of Proposition 12 funds
for various park and recreation related purposes - action
requested - APPOINT BOARD MEMBER SUBCOMMITTEE. (FROM
4-24-O1)
MOTION: I MOVE TO APPOINT SUPERVISORS JOSIASSEN AND BEELER TO THE BOARD
SUBCOMMITTEE FOR PROPOSITION 12 FUNDS.
S M
VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Motion Carried)
3. Emergency Medical Care Committee (EMCC) - consideration
of a request by the EMCC to remove a non-active public
member - action requested - PURSUANT TO EMCC BY-LAWS,
ARTICLE IV, SECTION 4, REMOVE PUBLIC MEMBER APPOINTEE
MICKI SPELLMEYER FOR CONSECUTIVE UNEXCUSED ABSENCES; AND
DIRECT AN UNSCHEDULED VACANCY NOTICE BE POSTED FOR THE
PUBLIC MEMBER VACANCY.
MOTION: I MOVE, PURSUANT TO EMCC BY-LAWS, ARTICLE IV, SECTION 4, TO
REMOVE PUBLIC MEMBER APPOINTEE MICKI SPELLMEYER FOR CONSECUTIVE
UNEXCUSED ABSENCES; AND DIRECT AN UNSCHEDULED VACANCY NOTICE BE
POSTED FOR THE PUBLIC MEMBER VACANCY.
M S
VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Motion Carried)
01-143 Update on legislative and budget activities. (674) JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, PROVIDED THE BOARD
WITH AN UPDATE ON THE ENERGY CRISIS; INFORMED THE BOARD THAT
THE COUNTY IS STILL WAITING FOR A DECISION FROM THE BANKRUPTCY
COURT REGARDING OUTSTANDING PROPERTY TAX PAYMENTS TO COUNTIES;
THAT THE ASSOCIATION OF BAY AREA GOVERNMENTS, A CONSORTIUM FOR
THE PURPOSE OF PURCHASING POWER, WILL BE DISBANDING; AND
ADDRESSED A COMMUNICATION RECEIVED REGARDING LOS ANGELES
COUNTY'S REQUEST TO THE PUBLIC UTILITIES COMMISSION TO EXEMPT
CERTAIN COUNTY FACILITIES FROM THE ENERGY PRICE INCREASE.
Page 200 Mav 8, 2001
Mav 8, 2001
O1-144 Items removed from the Consent Agenda for Board consideration
and action. (840)
1. Award of Bid No. 110-01 - Southside Oroville Community
Center - bids have been opened for construction of the
Southside Oroville Community Center with the low bidder
meeting specifications being Trent Construction of Red
Bluff, in the amount of $3,147,288. Staff may present an
alternate bid award recommendation depending on
availability of additional funds - action requested -
AWARD BID AND AUTHORIZE THE CHAIR TO SIGN AGREEMENT
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
THE BOARD WAS INFORMED THAT THE COMMUNITY ACTION AGENCY HAS
DONATED $316,675 TO THE PROJECT. THE DONATION WILL ALLOW THE
COUNTY TO BUILD THE COMMUNITY CENTER AS INITIALLY DESIGNED, AND
WILL INCREASE THE BID AMOUNT TO INCLUDE THOSE ITEMS DELETED
BASED ON LACK OF FUNDS.
MOTION: I MOVE TO AWARD THE BID TO TRENT CONSTRUCTION OF RED BLUFF, IN
THE AMENDED AMOUNT OF $3,463,963, AND AUTHORIZE THE CHAIR TO
SIGN AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
M S
VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Motion Carried)
VICE-CHAIR BEELER PRESENTS A RESOLUTION PROCLAIMING MAY AS
MENTAL HEALTH MONTH TO BRAD LUZ, DIRECTOR OF BEHAVIORAL HEALTH.
(988)
O1-145 University Foundation Land Acquisition Grant - on
May 18, 2001, the wildlife Conservation Board will consider a
grant to the California State University Chico Research
Foundation to assist in a cooperative project to acquire
approximately 1,226 acres as an extension to the Big Chico
Creek Ecological Preserve. This grant would be partially funded
using Proposition 12 funds - action requested - AUTHORIZE
LETTER EXPRESSING BOARD OF SUPERVISORS POSITION REGARDING
WILDLIFE CONSERVATION BOARD GRANT TO UNIVERSITY FOUNDATION FOR
PROPERTY ACQUISITION. (1059)
MOTION: I MOVE TO APPROVE A LETTER OF SUPPORT BE SENT TO THE WILDLIFE
CONSERVATION BOARD FOR THE PROJECT AS PRESENTED BY THE
CALIFORNIA STATE UNIVERSITY, CHICO RESEARCH FOUNDATION AND
AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 N 2 Y 3 Y 4 NP 5 N (Vote Results in No Action)
MOTION: I MOVE TO AUTHORIZE A LETTER OF SUPPORT BE SENT TO THE WILDLIFE
CONSERVATION BOARD SUPPORTING THIS PROPERTY ACQUISITION AND
COMMUNICATING THE BOARD'S CONCERN THAT THE MANAGEMENT PLAN
ALLOW FOR THE APPROPRIATE PUBLIC ACCESS TO THE PROPERTY.
M S
VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Motion Carried)
Page 201 Mav 8, 2001
Mav 8, 2001
Public Hearincr and Timed Items
O1-146 Ground Breaking Ceremony - New Juvenile Hall. (2405)
THE BOARD RECESSED AT 10:08 A.M. TO THE CONSTRUCTION SITE FOR
THE GROUND BREAKING CEREMONY. CEREMONY HELD. BOARD RECONVENED
AT 10:50 A.M.
Regular Agenda
O1-147 Public Hearing - General Plan Amendment and Rezone for the Area
in and Around the Sphere of Influence for the City of Gridley -
Butte County Board of Supervisors - consideration of a General
Plan and Zoning Amendment in and around the City of Gridley to
reflect changes made to the Sphere of Influence by the Local
Agency Formation Commission in April 2000. This is an item on
which notice of intent to adopt a negative declaration with
mitigation measures regarding environmental impacts has been
given. The proposed changes are as follows: 1) Change the Land
Use designation from Low Density Residential to Agricultural
Residential and Rezone from SR-1 to SR-5 approximately 140
acres located on the east side of Gridley between East Gridley
Road and Sheldon Avenue; 2) Change the Land Use designation
from Medium Density Residential to Agricultural Residential and
Rezone from SR-1 to SR-5 approximately 9.2 acres identified as
APN 024-270-032; 3) Change the Land Use designation from Low
Density Residential to Agricultural Residential on
approximately 35 acres identified as APN 021-070-087 (ptn.) and
APN 021-070-050; 4) Rezone from SR-1 to SR-5 approximately 30
acres located immediately northwest of the Gridley Sphere of
Influence; 5) Rezone from SR to SR-5 approximately 28 acres
identified as APN 022-230-001 and 022-260-006; 6) Rezone from
SR-1 to SR-5 approximately 34 acres located within Gridley's
Sphere of Influence on the south side of Yew Street and the
west side of Oregon Street; and 7) Rezone from SR-1 to SR-5
approximately 51 acres located within the Sphere of Influence,
immediately adjacent to the city limits, on the southeast side
of the city. Also proposed is an amendment to the Gridley
Urban Reserve diagram and policies in the Land Use Element of
the Butte County General Plan to reflect the City's new Sphere
of Influence - STAFF RECOMMENDS THAT THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS III A(1-5) AS DETAILED IN THE STAFF
REPORT DATED MAY 8, 2001, ADOPT A NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACTS;
Page 202 Mav 8, 2001
Mav 8, 2001
O1-147 2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS
WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR
WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS"
EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND
GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.3, 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 UNITED STATES FISH AND WILDLIFE SERVICES;
3. SUBJECT TO FINDINGS III C(1-3) AS DETAILED IN THE STAFF
REPORT DATED MAY 8, 2001, ADOPT A RESOLUTION AMENDING THE
BUTTE COUNTY GENERAL PLAN AND AUTHORIZE THE CHAIR TO
SIGN; AND
4. SUBJECT TO FINDINGS III D(1-4) AS DETAILED IN THE STAFF
REPORT DATED MAY 8, 2001, ADOPT AN ORDINANCE REZONING
AREAS IN AND AROUND THE GRIDLEY SPHERE OF INFLUENCE AS
DETAILED IN THE STAFF REPORT MAY 8, 2001, AND AUTHORIZE
THE CHAIR TO SIGN. (FILE NO. CBS [GPA O1-02]/FROM
4-24-O1 [3.05] ) (2441) (**00)
PUBLIC HEARING OPENED: 10:56 A.M.
PUBLIC HEARING CLOSED: 11:09 A.M.
MOTION: SUBJECT TO FINDINGS III A(1-5) AS DETAILED IN THE STAFF REPORT
DATED MAY 8, 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
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
753.3, 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 UNITED STATES FISH
AND WILDLIFE SERVICES; SUBJECT TO FINDINGS III C(1-3) AS
DETAILED IN THE STAFF REPORT DATED MAY 8, 2001, MOVE FOR A
MOTION OF INTENT TO ADOPT A RESOLUTION AMENDING THE BUTTE
COUNTY GENERAL PLAN AND AUTHORIZE THE CHAIR TO SIGN; AND
SUBJECT TO FINDINGS III D(1-4) AS DETAILED IN THE STAFF REPORT
DATED MAY 8, 2001, FURTHER MOVE FOR A MOTION OF INTENT TO ADOPT
AN ORDINANCE REZONING AREAS IN AND AROUND THE GRIDLEY SPHERE OF
INFLUENCE AS DETAILED IN THE STAFF REPORT MAY 8, 2001, AND
AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 NP 5 N (Motion Carried)
Page 203 Mav 8, 2001
Mav 8, 2001
O1-148 Public Hearing - Supervisorial Redistricting - Establishment of
criteria for development of new supervisorial boundary lines
and to receive input from the public - action requested - ADOPT
CRITERIA. (**92)
PUBLIC HEARING OPENED AT 11:39 A.M. AND CONTINUED OPEN TO
MAY 22, 2001, AT 11:00 A.M.
Regular Agenda
01-149 Department of Social welfare - 2000 Annual Report on Adult and
Children's Services - presentation to the Board highlighting
the Butte County Adult and Children's Services programs -
action requested - ACCEPT FOR INFORMATION. (FROM 4-24-O1/
4.07) (**1180)
PRESENTATION TO THE BOARD BY PAT CRAGAR, DIRECTOR-WELFARE.
O1-150 Transit Consolidation Study - Summary Report - presentation of
a summary report and recommendations prepared by the Butte
County Association of Governments regarding consolidation of
transit services - action requested - ACCEPT THE TRANSIT
CONSOLIDATION STUDY SUMMARY REPORT; AND APPOINT A BOARD MEMBER
REPRESENTATIVE TO ATTEND THE BUTTE COUNTY ASSOCIATION OF
GOVERNMENTS' WORKSHOPS ON POLICY LEVEL ISSUES FOR CONSOLIDATING
TRANSIT SERVICES. (FROM 4-24-02/4.08) (**1884)
MOTION: I MOVE TO ACCEPT THE TRANSIT CONSOLIDATION STUDY SUMMARY
REPORT; MOVE TO APPOINT SUPERVISORS HOUX AND JOSIASSEN BOARD
MEMBER REPRESENTATIVES, AND SUPERVISOR DOLAN, ALTERNATE,
REPRESENTATIVE, TO ATTEND THE BUTTE COUNTY ASSOCIATION OF
GOVERNMENTS' WORKSHOPS ON POLICY LEVEL ISSUES FOR CONSOLIDATING
TRANSIT SERVICES.
S M
VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Motion Carried)
RECESS: 12:20 P.M.
RECONVENE: 12:33 P.M.
Page 204 Mav 8, 2001
Mav 8, 2001
Regular Agenda
O1-151 Department Head Presentation - District Attorney - Presentation
to the Board - action requested - ACCEPT FOR INFORMATION.
(**2570) (***00)
Drug Endangered Children Program - consideration of a letter of
support for Assembly Bill 41 (washington) which will provide
funding for the Drug Endangered Children Program; and
consideration of funding of the program through June 30, 2001 -
action requested - APPROVE LETTER OF SUPPORT FOR AB 41 AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-331
(4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE IN THE AMOUNT OF $82,564 AS DETAILED IN THE AGENDA
REPORT OF MAY 8, 2001.
PRESENTATION TO THE BOARD BY MIKE RAMSEY, DISTRICT ATTORNEY.
MOTION: I MOVE TO APPROVE A LETTER OF SUPPORT FOR AB 41 AND AUTHORIZE
THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-331 ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE IN THE AMOUNT OF
$82,564 AS DETAILED IN THE AGENDA REPORT OF MAY 8, 2001.
M S
VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Motion Carried)
O1-152 RECESS AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND CONVENE AS
THE THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES. (***743)
1. Resolution Establishing Endowment Care Fund and a Pre-
need Fund - consideration of a resolution, pursuant to
California Health and Safety Code Sections 8738, and
9000-9005, establishing an endowment care fund and a
pre-need fund to cover the purchase of cemetery plots -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION 2001-O1 AND AUTHORIZE THE CHAIR TO
SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Motion Carried)
RECESS AS THE THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES
AND RECONVENE AS THE BUTTE COUNTY BOARD OF SUPERVISORS.
Page 205 Mav 8, 2001
Mav 8, 2001
Regular Agenda
O1-153 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.) (***787)
1. JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, SUBMITS
A LETTER FROM ROBERT JOHN SHARKEY. THIS LETTER WAS
RECEIVED AFTER THE BOARD'S ACTION ON THE SOUTHSIDE
OROVILLE COMMUNITY CENTER BID AWARD. THE LETTER IS TO
BECOME PART OF THE RECORD FOR THIS MATTER. THE BOARD WAS
PROVIDED TIME TO READ THE LETTER TO DETERMINE WHETHER OR
NOT IT CONTAINED INFORMATION THAT WOULD CAUSE THE BOARD
TO RECONSIDER ITS EARLIER VOTE ON THE BID AWARD. THE
BOARD DID NOT MOVE TO RECONSIDER.
O1-154 CLOSED SESSION: THE BOARD RECESSED AT 1:25 P.M. TO A
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6: AGENCY
NEGOTIATORS: JEANNE GRAVETTE AND WILLIAM
AVERY; EMPLOYEE ORGANIZATIONS: BUTTE COUNTY
EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE
COUNTY MANAGEMENT EMPLOYEES ASSOCIATION
(MANAGEMENT, CONFIDENTIAL AND SUPERVISORY
UNIT); COMMUNICATION WORKERS OF AMERICA
(SOCIAL SERVICES WORKERS' UNIT); BUTTE COUNTY
PROFESSIONAL EMPLOYEES UNIT; BUTTE COUNTY
DEPUTY SHERIFFS' ASSOCIATION (GENERAL AND
MANAGEMENT/SUPERVISORY UNIT); AND BUTTE COUNTY
CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL
AND MANAGEMENT/SUPERVISORY UNIT). PUBLIC
EMPLOYEE APPOINTMENT/EMPLOYMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957: DIRECTOR OF
CHILD SUPPORT SERVICES; PUBLIC EMPLOYEE
PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT
CODE SECTION 54957: COUNTY COUNSEL; AND PUBLIC
EMPLOYEE APPOINTMENT/EMPLOYMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957: INTERIM
DIRECTOR-DEVELOPMENT SERVICES. (***1024)
Page 206 Mav 8, 2001
Mav 8, 2001
O1-154 RECONVENE: THE BOARD RECONVENED AT 4:18 P.M. FROM A
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6: AGENCY
NEGOTIATORS: JEANNE GRAVETTE AND WILLIAM
AVERY; EMPLOYEE ORGANIZATIONS: BUTTE COUNTY
EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE
COUNTY MANAGEMENT EMPLOYEES ASSOCIATION
(MANAGEMENT, CONFIDENTIAL AND SUPERVISORY
UNIT); COMMUNICATION WORKERS OF AMERICA
(SOCIAL SERVICES WORKERS' UNIT); BUTTE COUNTY
PROFESSIONAL EMPLOYEES UNIT; BUTTE COUNTY
DEPUTY SHERIFFS' ASSOCIATION (GENERAL AND
MANAGEMENT/SUPERVISORY UNIT); AND BUTTE COUNTY
CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL
AND MANAGEMENT/SUPERVISORY UNIT). PUBLIC
EMPLOYEE APPOINTMENT/EMPLOYMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957: DIRECTOR OF
CHILD SUPPORT SERVICES; PUBLIC EMPLOYEE
PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT
CODE SECTION 54957: COUNTY COUNSEL; AND PUBLIC
EMPLOYEE APPOINTMENT/EMPLOYMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957: INTERIM
DIRECTOR-DEVELOPMENT SERVICES. (***1082)
ANNOUNCEMENT FROM CLOSED SESSION: THE BOARD
VOTED: 4 IN FAVOR, 0 OPPOSED; TO APPOINT TOM
BUFORD, INTERIM DIRECTOR OF DEVELOPMENT
SERVICES.
Communications
O1-155 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. The United way presents their Gold ward to the Butte
County Employees for outstanding services to the people
of their community.
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE
BOARD, THE MEETING WAS ADJOURNED AT 4:19 P.M.,
TO RECONVENE AT A REGULAR MEETING OF THE BOARD
TO BE HELD TUESDAY, MAY 22, 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 207 Mav 8, 2001