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BOARD OF SUPERVISORS
R.J. "BOB" BEELER, 1ST DISTRICT
JANE DOLAN, 2ND DISTRICT
MARY ANNE HOUX, 3RD DISTRICT
CURT JOSIASSEN, 4T" DISTRICT
KIM YAMAGUCHI, 5T" DISTRICT
August 27, 2002
Call to Order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville. Supervisors present:
Beeler, Dolan, Houx, Yamaguchi and Chair Josiassen. Also present:
Paul McIntosh, Chief Administrative Officer; Bruce Alpert, County
Counsel; and Marion Reeves, Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of America.
Invocation - Pastor Tom Adams, Paradise Seventh Day Adventist Church,
Paradise.
Items removed from the Consent Agenda for Board consideration and action.
02-258 1. Resolution in Support of the Water Security, Clean Drinking
Water, and Coastal and Beach Protection Act of 2002 - Board
approval is requested by the Department of Water and Resource
Conservation for a resolution in support of Proposition 50, a
water bond initiative which will appear on the ballot in
November 2002 - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (109)
THIS ITEM REMOVED FROM THE CONSENT AGENDA WITHOUT BOARD CONSIDERATION
OR ACTION. THE ADMINISTRATIVE OFFICE WILL REVIEW THIS ITEM PRIOR TO
IT RETURNING TO THE AGENDA.
Consent Agenda
02-259 1. Approval of Minutes - action requested - APPROVE MINUTES OF
APRIL 23, 2002.
2. Budget Transfers - action requested - APPROVE BUDGET TRANSFER
B-020 (INFORMATION SYSTEMS).
3. Library Donations - pursuant to Government Code Section 25355,
donations of $1,000 from Paradise Friends of the Library, $250
from Barbara Bush Zontek of Oroville, $250 from Paradise Pines
Women's Club of Magalia, and $200 from John Zontek of Oroville
have been received for the Butte County Trust Fund for the
purchase of books - action requested - ACCEPT DONATIONS AND
AUTHORIZE THE CHAIR TO SIGN LETTERS OF APPRECIATION.
Page 346 August 27, 2002
August 27, 2002
02-259 4. County Fire Department Donation - pursuant to Government Code
Section 25355, the Upper Ridge Volunteer Fire Company has
donated a rescue squad with all equipment to the Fire
Department. The squad is 1998 International 4x4 with a
Westates buildup (VIN 1HTSDADN2XH637592) with an estimated
value of $200,000. The squad will continue to be used by the
volunteer company serving the Upper Ridge community - action
requested - ACCEPT DONATION; AUTHORIZE THE ADDITION OF THE
EQUIPMENT TO THE COUNTY'S FIXED ASSET LISTING AND INSURANCE
POLICES; AND APPROVE A LETTER OF APPRECIATION AND AUTHORIZE THE
CHAIR TO SIGN.
5. Assessment Appeals Board - action requested - REAPPOINT DOUG
DREBERT TO A TERM TO END SEPTEMBER 5, 2005.
6. Resolution Giving Notice of Hearing on Petition to Abandon a
Public Service Easement - Board approval is requested by the
Public Works Department, on behalf of Viacom Outdoor, to set a
public hearing to consider the abandonment of the northerly
seven feet of an existing twelve foot Public Utilities Easement
on property located at the southwest corner of Glennwood Avenue
and State Highway 32 (Nord Avenue) Chico. The Planning
Commission has recommended approval - action requested - ADOPT
RESOLUTION 02-139 OF INTENT TO ABANDON PUBLIC SERVICE EASEMENT
AND SETTING A PUBLIC HEARING FOR CONSIDERATION OF THE MATTER
FOR SEPTEMBER 24, 2002, AT 11:00 A.M.
7. County Service Area Charges - in order to levy service charges
in the various County Service Areas, it is necessary to
accomplish several prerequisite steps - action requested -
DIRECT THAT A REPORT OF SERVICE CHARGES BE PREPARED IN
ACCORDANCE WITH GOVERNMENT CODE SECTION 25210.77a, AND FILED
WITH THE CLERK OF THE BOARD; DIRECT A PUBLIC HEARING BE SET FOR
SEPTEMBER 24, 2002, AT 10:30 A.M.; AND DIRECT PUBLIC NOTICE OF
THE HEARING BE GIVEN IN ACCORDANCE WITH GOVERNMENT CODE SECTION
6066.
8. Adoption of Tax Rates - State law requires the Board adopt
various ad valorem tax rates prior to September 1 of each year.
Board approval is requested by the Auditor-Controller for a
resolution which will fix these rates for the County for fiscal
year 2002-2003 - action requested - ADOPT RESOLUTION 02-140 AND
AUTHORIZE THE CHAIR TO SIGN.
9. Butte County Office of Education Tax and Revenue Anticipation
Notes (IRAN) - Fiscal Year 2002-2003 - Board approval is
requested by the Treasurer-Tax Collector, on behalf of the
Butte County Office of Education, for a resolution authorizing
the issuance of Tax and Revenue Anticipation Notes for 2002-
2003. The Butte County Office of Education is requesting the
Board authorize the issuance of IRAN notes not to exceed
$45,000,000. The County has no fiduciary responsibility as to
the repayment of these notes - action requested - ADOPT
RESOLUTION 02-141 AND AUTHORIZE THE CHAIR TO SIGN.
Page 347 August 27, 2002
August 27, 2002
02-259 10. County Service Area (CSA) 135-Zone 1 (Keefer Creek Estates-Zone
1) - Report on Ballot Results and Resolution Setting Service
Charges - pursuant to State law on August 12, 2002, a ballot
proceeding was held in County Service Area 135-Zone 1 to
consider an increase in service charges from $67.74 to $119.94.
The ballot results were certified at the Board's meeting of
August 13, 2002, and the proposed service charge increase was
not approved by the voters in the CSA; therefore, Board
approval is requested for a resolution setting the per parcel
service charge for fiscal year 2002-2003 at the current maximum
rate of $67.74 - action requested -
~_ _______-- ___- ________ _ _ ,__ ~_ ACCEPT FOR INFORMATION.
11. Trust Fund Name and Earnings - Board approval is requested by
the Fire Department to change the name of the Volunteer
Contribution Trust Fund to the Water Tender Earnings Trust
Fund, and to approve the use of revenue from Water Tender
Earnings on State fires to provide 50 0 of the volunteer's share
for purchases of new equipment, fund 500 of the cost of fuel
and equipment maintenance on the volunteer company water
tenders, and to purchase necessary supplies and fire equipment
to support the volunteer fire companies - action requested -
APPROVE NAME CHANGE OF VOLUNTEER CONTRIBUTION TRUST FUND TO
WATER TENDER EARNINGS TRUST FUND; AND AUTHORIZE THE USE OF
TRUST FUNDS AS DETAILED ABOVE.
12. Frank Watters Children's Trust Fund - Board approval is
requested by the Treasurer-Tax Collector to allow the Board's
representative to the Children's Services Coordinating Council
to sign thank-you letters to individuals who donate to the
Frank Watters Children's Trust Fund. The Children's Services
Coordinating Council has provided oversight and assistance to
the annual fund drive which raises money for child abuse
prevention efforts in Butte County - action requested -
AUTHORIZE THE BOARD'S REPRESENTATIVE TO THE CHILDREN'S SERVICES
COORDINATING COUNCIL TO SIGN THANK-YOU LETTERS FOR
CONTRIBUTIONS TO THE FRANK WAITERS CHILDREN'S TRUST FUND.
13. Introduction of an Ordinance - Board approval is requested by
the Administrative Office for an ordinance amending Ordinance
No. 3825, approving the Gridley Redevelopment Plan and adopting
Findings and Statement of Facts and Overriding Considerations
related to the Environmental Impact Report. The proposed
amendment removes the requirement for filing the Notice of
Determination by the County. The Notice of Determination is
filed by the Lead Agency, which is the City of Gridley - action
requested - WAIVE READING OF THE ORDINANCE.
Page 348 August 27, 2002
August 27, 2002
02-259 14. Introduction of a Salary Ordinance Amendment - the Department
of Human Resources has prepared a salary ordinance amendment
which reflects changes contained in the fiscal year 2002-2003
final budget as follows: TREASURER-TAX COLLECTOR - adds one
flexibly staffed position of Office Assistant III/II/I.
DISTRICT ATTORNEY-CRIMINAL - adds three flexibly staffed
positions of Office Assistant III/II/I. PROBATION - deletes
one flexibly staffed position of Probation Officer III/II/I and
one half-time position of Probation Technician. DEVELOPMENT
SERVICES-BUILDING INSPECTION - adds one position of Code
Enforcement Officer and one flexibly staffed position of Office
Assistant III/II/I. COUNTY CLERK-RECORDER - adds one position
of Senior Account Clerk. BEHAVIORAL HEALTH-GENERAL SERVICES -
deletes one flexibly staffed position of Staff Nurse III/II/I
and one flexibly staffed position of Office Assistant II/I.
Adds two flexibly staffed positions of Mental Health Clinician
II/I. BEHAVIORAL HEALTH-SUBSTANCE ABUSE SERVICES - adds two
flexibly staffed positions of Senior Mental Health
Counselor/Mental Health Counselor/Mental Health Worker. CHILD
SUPPORT SERVICES - adds two flexibly staffed positions of
Administrative Analyst III/II/I. LIBRARY - extends the ending
date of three sunset positions of Library Assistant I to
September 30, 2003 - action requested - WAIVE READING OF THE
ORDINANCE.
15. Resolution to Amend the Salary Ordinance - the Department of
Human Resources has prepared a resolution to amend the salary
ordinance as follows: PUBLIC WORKS-TRANSPORTATION SYSTEMS -
this section is deleted in its entirety. SALARY PLAN FOR
CLASSIFIED POSITIONS, REFERENCE F, MANAGEMENT, CONFIDENTIAL,
AND SUPERVISORY UNIT CLASSIFICATION - re-titles the job
classification of Supervising Health Education Specialist to
Supervisor-Health Education Specialist. PUBLIC HEALTH-GENERAL
SERVICES - deletes two positions of Supervising Health
Education Specialist and adds two positions of Supervisor-
Health Education Specialist. BEHAVIORAL HEALTH-GENERAL
SERVICES - deletes one position of Supervising Health Education
Specialist and adds one position of Supervisor-Health Education
Specialist. BEHAVIORAL HEALTH-SUBSTANCE ABUSE SERVICES -
deletes one position of Supervising Health Education Specialist
and one sunset position of Supervising Health Education
Specialist, and adds one position of Supervisor-Health
Education Specialist and one sunset position of Supervisor-
Health Education Specialist. SALARY PLAN FOR ELECTED AND
APPOINTED OFFICIALS, REFERENCE A, APPOINTED DEPARTMENT HEADS -
adjusts the salary for the LAFCo Executive Officer to $79,400
per year, retroactive to July 6, 2002 - action requested -
ADOPT RESOLUTION 02-142 AND AUTHORIZE THE CHAIR TO SIGN.
Page 349 August 27, 2002
August 27, 2002
02-259 16. Resolution Establishing a Service Authority for the Abandoned
Vehicle Abatement Program pursuant to California Vehicle Code
Section 9250.7 and 22710 - the Administrative Office submits
a resolution which establishes a Service Authority for the
countywide Abandoned Vehicle Abatement Program. Establishment
of the program requires the formation of a Joint Powers
Authority (Service Authority) by the Board and a majority of
the cities having a majority of the incorporated population
within the County. Funding for the program will be provided by
a $1 service fee imposed by the Service Authority on all motor
vehicle registrations within Butte County for ten years.
Commercial vehicles in excess of 10,001 pounds will be subject
to an additional $2 fee. The following actions are necessary
to implement the program: 1) adopt a resolution that authorizes
the establishment of a Joint Powers Authority (Service
Authority) to impose a $1 registration fee ($2 additional fee
for commercial vehicles in excess of 10,001 pounds) and
approves the Vehicle Abatement Plan; 2) approve agreement with
the Service Authority for vehicle abatement services; 3)
approve agreement with the Service Authority to provide
administrative services; and 4) appoint representative to the
Service Authority (this item will return on a subsequent
agenda) - action requested - ADOPT RESOLUTION 02-143 (4/5 vote
required) AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE
AGREEMENTS (2) WITH SERVICE AUTHORITY FOR VEHICLE ABATEMENT
SERVICES AND ADMINISTRATIVE SERVICES AND AUTHORIZE THE 1_?
CHIEF ADMINISTRATIVE OFFICER TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
17. Resolution Recognizing September 8, 2002, as National
Grandparents Day - action requested - ADOPT RESOLUTION 02-144
AND AUTHORIZE THE CHAIR TO SIGN.
18. Roadway Improvements Within the County of Butte Jurisdiction on
Palmetto Avenue Between Arbutus Avenue and Moss Avenue -
Amendment to Letter Agreement - Board approval is requested by
the Public Works Department for a second amendment to the
letter agreement with the City of Chico to encroach into the
public right-of-way to construct roadway improvements on
Palmetto Avenue between Arbutus Avenue and Moss Avenue. The
proposed amendment to the Letter of Agreement extends the
encroachment date from June 30, 2002, to October 31, 2002, to
provide for the amended scheduled completion date for the
project. All other terms and provisions remain the same -
action requested - APPROVE AMENDMENT TO LETTER AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
Page 350 August 27, 2002
Auaust 27. 2002
02-259 19. Reconstruction of Centerville Road Bridge Across Butte Creek -
Federal Project No. BRLO-5912(018); County Project No. 54345-
97-1 - Contract Change Order (CCO) No. 3 - CCO. No. 3, in the
increasing amount of $44,729, provides for the preparation and
implementation of a tree planting and erosion control plan to
satisfy mitigation requirements outlined in the Initial
Study/Mitigated Negative Declaration - action requested -
APPROVE CONTRACT CHANGE ORDER NO. 3 AND AUTHORIZE THE CHAIR TO
SIGN.
20. Union Pacific Railroad Company - Public Highway Crossing
Agreement - Board approval is requested by the Public Works
Department for an agreement with the Union Pacific Railroad
Company for reconstruction of the public crossing in the Union
Pacific Railroad Company's right-of-way on west East Avenue in
support of the County's reconstruction and widening project on
west East Avenue from the City of Chico limits east of Guynn
Avenue to State Route 32. The agreement has a maximum amount
payable of $293,000 (department budget) - action requested -
ADOPT RESOLUTION 02-145 AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
21. Regional Council of Rural Counties - California Rural Home
Mortgage Finance Authority Agreement - Amendment - Board
approval is requested by the Administrative Office for an
amendment to the agreement with the Regional Council of Rural
Counties' California Rural Home Mortgage Finance Authority.
The agreement provides broadened opportunities for home
ownership through a variety of home loan opportunities. The
amendment is being revised to provide for consistent language
with other Regional Council of Rural Counties' agreements -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
22. Steven Mark Stapleton - Amendment - Board approval is requested
by the Administrative Office for an amendment to the agreement
with Steven Mark Stapleton for the provision of Public Defender
services. The amendment removes Mr. Stapleton from the
Executive Committee of the Butte County Indigent Services
Consortium effective August 1, 2002 - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X10841)
23. Myra L. Bailey - Amendment - Board approval is requested by the
Administrative Office for an amendment to the agreement with
Myra L. Bailey for the provision of Public Defender services.
The amendment adds Ms. Bailey to the Executive Committee of the
Butte County Indigent Services Consortium effective
August 1, 2002 - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X10841)
Page 351 August 27, 2002
Auaust 27. 2002
02-259 24. Thomas Lancaster, M.D. - Amendment - Board approval is
requested by the Butte County Department of Behavioral Health
for an amendment to the agreement with Thomas Lancaster, M.D.
for the provision of services in the specialized field of
psychiatry. The amendment increases the maximum amount payable
for fiscal year 2002-2003 by $27,000 (department budget). 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. (Contract No. X11300)
25. Youth For Change - Board approval is requested by the Butte
County Department of Behavioral Health for an agreement with
Youth For Change for the provision of mental health services to
clients with full scope Medi-Cal benefits. The term of the
agreement is July 1, 2002, through June 30, 2003, with a
maximum amount payable of $753,988 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
26. Right Road Recovery Programs, Inc. - Board approval is
requested by the Butte County Department of Behavioral Health
for an agreement with Right Road Recovery Programs, Inc., for
the provision of outpatient drug-free counseling and short-term
residential treatment services to Drug Court, Proposition 218,
and Perinatal clients. The term of the agreement is
July 1, 2002, through June 30, 2003, with a maximum amount
payable of $42,529.49 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X13719)
27. Oroville Recovery Center - Board approval is requested by the
Butte County Department of Behavioral Health for an agreement
with Oroville Recovery Center for the provision of drug and
alcohol recovery services. The term of the agreement is
July 1, 2002, through June 30, 2003, with a maximum amount
payable of $59,078.85 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X13764)
28. Cherokee Restoration Fellowship - Board approval is requested
by the Butte County Department of Behavioral Health for an
agreement with Cherokee Restoration Fellowship for the
provision of residential drug and alcohol treatment services.
The term of the agreement is July 1, 2002, through
June 30, 2003, with a maximum amount payable of $38,372.51
(department budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13745)
Page 352 August 27, 2002
Auaust 27. 2002
02-259 29. Karuna Anand Brar, M.D. - Amendment - Board approval is
requested by the Butte County Department of Behavioral Health
for an amendment to the agreement with Karuna Anand Brar, M.D.,
for the provision of services in the specialized field of
psychiatry. The amendment decreases the maximum amount payable
by $72,250 for fiscal year 2002-2003. 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.
(Contract No. X11385)
30. 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 medical services and ambulance
transportation services for patients of the Psychiatric Health
Facility. The amendment increases the maximum amount payable
by $3,637.50 (department budget) as a result of an increased
utilization of services. 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. (Contract No. X13206)
31. Carl Rickards, Jr. - Lease Agreement Amendment - Board approval
is requested by the Butte County Department of Behavioral
Health for an amendment to the lease agreement with Carl
Rickards, Jr., for the property located at 260 Cohasset Road,
Suite E, Chico. The amendment provides for a change in
contractor from Carl Rickards, Jr., to Lillian Rickards. 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. (Contract No. X12089)
32. Skyway House - Amendment - Board approval is requested by the
Butte County Department of Behavioral Health for an amendment
to the agreement with the Skyway House for the provision of
non-residential outpatient rehabilitation services for clients
referred under the Substance Abuse and Crime Prevention Act and
Perinatal clients. The amendment reduces the maximum amount
payable by $10,000. 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. (Contract No. X13423)
Page 353 August 27, 2002
Auaust 27. 2002
02-259 33. State of California-Department of Alcohol and Drug Programs -
Grant Agreement Amendment - Board approval is requested by the
Butte County Department of Behavioral Health for an amendment
to the grant agreement with the State of California-Department
of Alcohol and Drug Programs for funds to implement the Youth
Development and Crime Prevention Grant. The amendment extends
the term of the agreement through September 30, 2003, to allow
the department to carryover unspent program funds as necessary.
All other terms and provisions remain the same - action
requested - ADOPT RESOLUTION 02-146 APPROVING AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE
CHAIR TO SIGN AMENDMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. R40422)
34. California Mental Health Directors Association - Amendment -
Board approval is requested by the Butte County Department of
Behavioral Health for an amendment to the agreement with the
California Mental Health Directors Association (CMHDA).
Through the agreement with CMHDA, the department has access to
a statewide provider network for speciality mental health
services for Medi-Cal beneficiaries. The amendment extends the
term of the agreement through June 30, 2003, and increases the
maximum amount payable by $25,000 (department budget) for
fiscal year 2002-2003. All other terms and provisions remain
the same. In order to implement the amendment, the County must
also authorize the State Department of Mental Health to
transfer to CMHDA $15,000 from the department's State General
Fund allocation for Early Periodic Screening, Diagnosis and
Treatment, and Board approval is also requested for a
resolution approving that transfer - action requested - ADOPT
RESOLUTION 02-147 AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X11598)
35. Tri-County Treatment - Board approval is requested by the Butte
County Department of Behavioral Health for an agreement with
Tri-County Treatment for the provision of short-term
residential recovery services. The term of the agreement is
July 1, 2002, through June 30, 2003, with a maximum amount
payable of $116,830 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
36. Private Industry Council - Sublease Agreement - Board approval
is requested by the Butte County Department of Behavioral
Health for a sublease agreement with the Private Industry
Council for space in the Southside Oroville Community Center.
The department will utilize the space to provide services to
adult clients. The term of the agreement is August 1, 2002,
through July 31, 2012, with a maximum amount payable of
$44,710.02 (department budget) for the multi-year term - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X13741)
Page 354 August 27, 2002
Auaust 27. 2002
02-259 37. Right Road Recovery Programs, Inc. - Amendment - Board approval
is requested by the Butte County Department of Behavioral
Health for an amendment to the agreement with Right Road
Recovery Programs, Inc., for the provision of short-term
alcohol and drug residential treatment services. The amendment
increases the maximum amount payable by $10,000 (department
budget) as a result of an increased utilization of services.
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. (Contract No. X13457)
38. Robert A. Glusman - Amendment - Board approval is requested by
County Counsel for an amendment to the agreement with Robert A.
Glusman for the provision of specialized legal services. The
amendment provides for reimbursement of Children's Services
Division Appeals at the rate of $125.00 per hour (department
budget). All other terms and provisions remain the same -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-
CONTROLLER.
39. Sharon A. Stone - Board approval is requested by County Counsel
to terminate County agreement number X10875 with Sharon A.
Stone for services as the Interim Director-Child Support
Services. Ms. Stone's employment is currently covered by an
employment agreement which supercedes and replaces contract
number X10875 - action requested - APPROVE TERMINATION OF
CONTRACT NUMBER X10875.
40. Remy, Thomas and Moose - Amendment - Board approval is
requested by County Counsel for an amendment to the agreement
with Remy, Thomas and Moose for the provision of specialized
legal services. The amendment provides for a revised fee
schedule for attorney, analyst and paralegal services. All
other terms and provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER.
41. Regional and Economic Sciences - Board approval is requested by
County Counsel for an agreement with Regional and Economic
Sciences for research related to the analysis of the socio-
economic impact of Project 2100 (the Lake Oroville Dam) on the
economy of Butte County, and to assist the County in efforts to
establish a scientifically supportable position from which to
negotiate with the State Department of Water Resources in the
Federal Energy Regulatory Commissions' re-licensing process.
The term of the agreement is August 27, 2002, through
January 1, 2005, with a compensation rate of $75.00 per hour
(department budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-
CONTROLLER.
Page 355 August 27, 2002
Auaust 27. 2002
02-259 42. Community Development Block Grant Extension - Board approval is
requested by the Development Services Department for a
resolution which would approve an extension of Grant No. 97-
STBG-1103 (Southside Community Center) to September 30, 2002,
to allow up to $100,000 of Program Income to be used to assist
in the repair of the Stirling City Septic Management System.
The State Department of Housing and Community Development has
approved the extension and the proposed resolution is required
for release of the Program Income - action requested - ADOPT
RESOLUTION 02-148 AND AUTHORIZE THE CHAIR TO SIGN.
43. United States Department of Justice/United States Department of
the Treasury - Federal Equitable Sharing Agreement - Board
approval is requested by the District Attorney for a Federal
Equitable Sharing Agreement with the United States Departments
of Justice and Treasury. The agreement is required for local
jurisdictions to receive their share of the forfeitures in
federal jurisdiction cases where the local jurisdiction
assisted - action requested - APPROVE FEDERAL ANNUAL
CERTIFICATION REPORT AND AUTHORIZE THE CHAIR AND THE DISTRICT
ATTORNEY TO SIGN; AND APPROVE FEDERAL EQUITABLE SHARING
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
R40227)
44. Valley Toxicology Service, Inc. - Board approval is requested
by the District Attorney for an agreement with Valley
Toxicology Service, Inc., for the provision of substance
analysis and expert court testimony. The term of the agreement
is July 1, 2002, through June 30, 2003, with a maximum amount
payable of $62,000 (department budget). Sole source approval
for the agreement is also requested - action requested -
APPROVE SOLE SOURCE JUSTIFICATION; AND APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13513)
45. Wells Fargo Bank - Estoppel, Non-disturbance and Attornment
Agreement - Board approval is requested by the Department of
Employment and Social Services for an Estoppel, Non-disturbance
and Attornment Agreement for the property located at 202 Mira
Loma Drive, Oroville. The department leases space at the
property from GBPP 4 Oroville II, L.P. The owner of the
property is attempting to secure a loan and the lender, Wells
Fargo Bank, has requested the County, as tenant of the
property, complete the agreement as part of the loan process -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
Page 356 August 27, 2002
Auaust 27. 2002
02-259 46. 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 provision of construction
management services for the new Juvenile Hall project. The
amendment extends the term of the agreement through
January 30, 2003, amends the monthly payment from $21,067 to
$10,000 per month (or pro-rated portion), reduces on-site
manpower from five to three days per week, and amends the
notification provision. The overall additional cost for the
amendment is estimated at $60,000, which will be funded with
project contingency funds - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X11452)
47. Public Sector Personnel Consultant - Board approval is
requested by the Department of Human Resources for an agreement
with Public Sector Personnel Consultants for the provision of
a Countywide classification and compensation study pursuant to
the negotiated labor agreements with the County's bargaining
units. The term of the agreement is July 1, 2002, through
June 30, 2003, with a maximum amount payable of $200,000
(department budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-
CONTROLLER.
48. California Council for the Humanities - Board approval is
requested by the Director of Libraries to accept $500 in grant
funds from the California Council for the Humanities. The
funds will be utilized to promote reading Steinbeck's The
Grapes of Wrath - action requested - ACCEPT GRANT AWARD, AND
APPROVE BUDGET TRANSFER B-019 (4/5 vote required) ACCEPTING AND
APPROPRIATING GRANT FUNDS.
49. State of California-Department of Health Services - Women,
Infants and Children Agreement - Amendment - Board approval is
requested by the Public Health Department for an amendment to
the revenue agreement with the State of California-Department
of Health Services for the provision of funds to support the
Women, Infants and Children program. The amendment increases
the maximum amount payable to the County by $29, 743 as a result
of an increased allocation. 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. (Contract No.
R40199)
Page 357 August 27, 2002
Auaust 27. 2002
02-259 50. Home Health Care Management, Inc., d.b.a. CHP Plus - Board
approval is requested by the Public Health Department for an
agreement with Home Health Care Management, Inc., d.b.a. CHP
Plus for the provision of services in support of the Early
Intervention Project and the HIV Transmission Prevention
Project. The term of the agreement is July 1, 2002, through
June 30, 2003, with a maximum amount payable of $78,150 (State
funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
51. California Department of Health Services - Board approval is
requested by the Public Health Department for an agreement with
the California Department of Health Services for the provision
of technical support and assistance in claims processing and
program monitoring. The agreement is part of the
administrative duties of the department in its capacity as Host
Entity for the Medi-Cal Administrative Activities/Targeted Case
Management program consortium. The term of the agreement is
July 1, 2002, through June 30, 2003, with a maximum amount
payable of $568,470. Funding for the agreement is provided by
participation fees collected from other counties belonging to
the consortium. Currently the department has budgeted $450,000
for the agreement and will adjust fee rates to provide for the
increased cost of the agreement. To provide for that
adjustment, Board approval is also requested to adjust the
department's revenue and expenditures budgets by $118,470 -
action requested - APPROVE BUDGET TRANSFER B-012 (4/5 vote
required) INCREASING THE REVENUE CODE AND APPROPRIATING THE
FUNDS TO THE DEPARTMENT; AND APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
52. Wells Fargo Bank - Estoppel, Non-disturbance and Attornment
Agreement - Board approval is requested by the Public Health
Department for an Estoppel, Non-disturbance and Attornment
Agreement for the property located at 202 Mira Loma Drive,
Oroville. The department leases space at the property from
GBPP 4 Oroville II, L.P. The owner of the property is
attempting to secure a loan and the lender, Wells Fargo Bank,
has requested the County, as tenant of the property, complete
the agreement as part of the loan process - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
53. Gary Bess and Associates - Board approval is requested by the
Sheriff's Office for an agreement with Gary Bess and Associates
for the provision of management and facilitation of the
evaluation reports for the Forensic Resource Team and Mentally
Ill Offender Crime Reduction grant programs. The term of the
agreement is July 1, 2002, through June 30, 2003, with a
maximum amount payable of $40,035 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13570)
Page 358 August 27, 2002
Auaust 27. 2002
02-259 54. Appriss - Victim Information Notification Everyday (VINE)
Service - Board approval is requested by the Sheriff-Coroner
for an agreement with Appriss, provider of the VINE Service.
Under the VINE Service, the company will notify victims when
there has been a change of status of an incarcerated offender.
The term of the agreement is October 19, 2002, through
October 19, 2003, with a maximum amount payable of $13,020
(department budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11383)
55. United States Department of Justice/United States Department of
the Treasury - Federal Equitable Sharing Agreement - Board
approval is requested by the Sheriff's Office for a Federal
Equitable Sharing Agreement with the United States Departments
of Justice and Treasury. The agreement is required for local
jurisdictions to receive their share of the forfeitures in
federal jurisdiction cases where the local jurisdiction
assisted - action requested - APPROVE FEDERAL ANNUAL
CERTIFICATION REPORT AND AUTHORIZE THE CHAIR AND SHERIFF-
CORONER TO SIGN; AND APPROVE FEDERAL EQUITABLE SHARING
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
56. Superior Court of California-County of Butte/Butte County
Treasurer-Tax Collector - Memorandum of Understanding -
Amendment - Board approval is requested by the Treasurer-Tax
Collector for an amendment to the Memorandum of Understanding
with the Superior Court of California-County of Butte for the
Enhanced Collection and Compliance Program. The amendment
provides for an extension of the term through
December 31, 2002, to provide for compilation of complete
fiscal year-end data and a comprehensive review of the
program's progress to date. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X13765)
57. State Water Resources Control Board - Board approval is
requested by the Department of Water and Resource Conservation
to accept grant funds from the State Water Resources Control
Board in the amount of $168,871 for the Cherokee Watershed
Water Quality Investigation - action requested - ACCEPT GRANT
AWARD; ADOPT RESOLUTION 02-149 ACCEPTING GRANT FUNDS AND
AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE DIRECTOR OF
WATER AND RESOURCE CONSERVATION TO SIGN CONTRACTS AND DOCUMENTS
ASSOCIATED WITH THE GRANT FUNDING, SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
58. Assembly Bill 749 - Workers' Compensation Legislation -
consideration of an amended letter to Assembly and Senate
representatives asking support of legislation that changes the
minimum temporary disability provision of Assembly Bill 749 as
it relates to inmates and court-sentenced community service
workers - action requested - APPROVE LETTER AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 8-13-02 [4.02(1)]) (161)
Page 359 August 27, 2002
Auaust 27. 2002
02-259 MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF
ITEM 3.16, THE ACTION ON ITEM 3.10 AMENDED TO READ,
"action requested - ACCEPT FOR INFORMATION.", AND THE
ACTION REQUESTED FOR ITEM 3.17 AMENDED TO READ, "..AND
ADMINISTRATIVE SERVICES AND AUTHORIZE THE CHIEF
ADMINISTRATIVE OFFICER TO SIGN..".
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CHAIR JOSIASSEN PRESENTS A RESOLUTION RECOGNIZING SEPTEMBER 8, 2002,
AS NATIONAL GRANDPARENTS DAY TO CHARLES HANSEN.
Regular Agenda
02-260 Appointments - Boards, Commissions, and Committees. (246)
1. Appointments to listed vacancies.
MOTION: I MOVE TO APPOINT TERRELL STORM, DISTRICT 4 REPRESENTATIVE, TO THE
BUTTE COUNTY RESOURCE CONSERVATION DISTRICT BOARD OF DIRECTORS.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
02-261 Update on legislative and budget activities. (273) PAUL MCINTOSH,
CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT THE LEGISLATURE
IS WORKING TO END ITS CURRENT SESSION BUT THE STATE STILL HAS NOT
APPROVED A BUDGET.
02-262 Water Quality Monitoring - Report to the Board - report to the Board
on the water quality monitoring program pursuant to Butte County Code
Chapter 33 - action requested - ACCEPT FOR INFORMATION. (506)
PRESENTATION TO THE BOARD BY ED CRADDOCK AND VICKI NEWLIN, DEPARTMENT
OF WATER AND RESOURCE CONSERVATION, AND TOCCOY DUDLEY, BUTTE COUNTY
WATER COMMISSION TECHNICAL ADVISORY COMMITTEE.
02-263 County Representation on the Northern California Water Association
Board of Directors - consideration of the appointment of a Board
member to work with staff and supervisors from other counties to
develop an equitable process for selecting county representatives to
the Northern California Water Association's Board of Directors -
action requested - APPOINT BOARD MEMBER TO WORK WITH STAFF AND
SUPERVISORS FROM OTHER COUNTIES REGARDING COUNTY REPRESENTATION ON
THE NORTHERN CALIFORNIA WATER ASSOCIATION'S BOARD OF DIRECTORS.
(962)
MOTION: I MOVE TO APPOINT SUPERVISOR JOSIASSEN AS THE BOARD MEMBER TO WORK
WITH STAFF AND SUPERVISORS FROM OTHER COUNTIES REGARDING COUNTY
REPRESENTATION ON THE NORTHERN CALIFORNIA WATER ASSOCIATION'S BOARD
OF DIRECTORS.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 360 August 27, 2002
Auaust 27. 2002
02-264 Voting Modernization Bond Act of 2002 - consideration of an
application for funds under the Voting Modernization Bond Act of
2002 - action requested - ADOPT RESOLUTION APPROVING APPLICATION FOR
FUNDS AND AUTHORIZE THE CHAIR TO SIGN. (1134)
MOTION: I MOVE TO ADOPT RESOLUTION 02-150 APPROVING APPLICATION FOR FUNDS AND
AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 9:50 A.M.
RECONVENE: 10:03 A.M.
Regular Agenda
02-265 Draft Traffic Undulation Procedure and Policy - presentation of draft
policies and procedures for responding to traffic speeding complaints
and the possible implementation of traffic undulations in specific
situations - action requested - DIRECT STAFF TO MAKE REVISIONS AS
NECESSARY AND RETURN FINAL DRAFT TO BOARD FOR PUBLIC REVIEW AND BOARD
ACTION. (1575)
PRESENTATION TO THE BOARD BY MIKE CRUMP, DIRECTOR-PUBLIC WORKS AND
BRIAN GRAVES, ASSISTANT ENGINEER.
MR. CRUMP INFORMED THE BOARD THAT THE REVISED PLAN WILL BE BROUGHT
BACK TO THE BOARD IN OCTOBER FOR APPROVAL.
Public Hearing and Timed Items
02-266 Public Hearing - Supervisorial Redistricting - consideration of the
adoption of a redistricting plan and enactment of an ordinance
redistricting the Butte County Supervisorial districts - action
requested - ADOPT PLAN; AND WAIVE READING OF ORDINANCE. (2735)(**00)
PUBLIC HEARING COMMENCED: 10:36 A.M.
PUBLIC HEARING CLOSED: 10:48 A.M.
MOTION: I MOVE TO ADOPT PLAN 3 AND WAIVE READING OF THE ORDINANCE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 361 August 27, 2002
Auaust 27. 2002
02-267 Continued Public Hearing - Raymond Teesdale - Tentative Parcel Map
and Lot Line Adjustment - Appeal - consideration of an appeal of the
Development Review Committee's denial of a Tentative Parcel Map and
Lot Line Adjustment to divide a 46.28 acre parcel into four 10 acre
lots and a 6.28 acre remainder on property zoned A-5 (Agricultural -
5 acre parcels). The property is located approximately 1,300 feet
north of Central House Road on the west side of the Western Pacific
Railroad tracks, near the intersection of Central House Road and Lone
Tree Road, Oroville, and identified as APN 028-020-054 and 046 (CS
[T PM 02-19] ) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A AND B) AS DETAILED IN THE STAFF REPORT
DATED AUGUST 27, 2002, FIND THAT THE A-5 ZONE AND THE PROPOSED
PROJECT IS NOT CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN;
AND
2. DENY THE APPEAL FOR TENTATIVE SUBDIVISION MAP 02-19 FOR RAYMOND
TEESDALE. (FROM 7-23-02 [5.02])
AT THE REQUEST OF THE APPLICANT, THE HEARING WAS CONTINUED TO
SEPTEMBER 24, 2002. (**79)
02-268 Public Hearing - Ordinance Amending Chapter 2 of the Butte County
Code Regarding Fees for Service - consideration of an ordinance
amending Section 2 of the Butte County Code regarding fees for
services rendered by the County Clerk-Recorder - action requested -
ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (**82)
PUBLIC HEARING COMMENCED: 10:52 A.M.
PUBLIC HEARING CLOSED: 10:58 A.M.
MOTION: I MOVE TO ADOPT ORDINANCE 3827 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
02-269 Timed Item - Report to the Board - Butte County General Plan
Technical Update Work Program - report to the Board on the Technical
Update Work Program. The program is designed to ensure the legal
adequacy of the General Plan and to reformat General Plan documents
to increase their usefulness. The work program is not designed to
address significant land use or policy issues - action requested -
ACCEPT FOR INFORMATION AND PROVIDE STAFF DIRECTION AS NEEDED.
(**920)
PRESENTATION TO THE BOARD BY BRUCE ALPERT, COUNTY COUNSEL; YVONNE
CHRISTOPHER, DIRECTOR-DEVELOPMENT SERVICES, AND BILL ABBOTT AND LARRY
MINTIER, MINTIER AND ASSOCIATES.
Page 362 August 27, 2002
Auaust 27. 2002
Regular Agenda
02-270 Solid Waste Committee Recommendations on Waste Collection Services -
Report to the Board - action requested - DIRECT THE PUBLIC WORKS
DEPARTMENT AND COUNTY COUNSEL TO DEVELOP ORDINANCES TO IMPLEMENT THE
SOLID WASTE COMMITTEE'S RECOMMENDATIONS INCLUDING FLOW CONTROL,
CUSTOMER BILL OF RIGHTS AND SERVICE STANDARDS AND RETURN ITEM TO THE
BOARD FOR ADOPTION OF ORDINANCES. (PUBLIC WORKS [FROM 4-23-02/4.05])
(**1256)
MOTION: I MOVE TO DIRECT PUBLIC WORKS STAFF TO PREPARE AND RETURN TO THE
BOARD A DRAFT ORDINANCE THAT REFLECTS THE REGULATORY PATTERN, AND
FURTHER DIRECT STAFF TO INCLUDE MORE COMPREHENSIVE REASONING WHY THE
5-YEAR NOTIFICATION IS REQUIRED.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
02-271 Neal Road Sanitary Landfill - Construction of Module 4, Phase A -
County Project No. 757-02-2 - Award of Contract - the project is
needed to allow for continued long-term waste disposal at the Neal
Road Sanitary Landfill. Bids will be opened on August 23, 2002, and
the Public Works Department will present the bid results to the Board
on August 27, 2002, for the award of the contract - action
requested - AWARD BID TO LOW BIDDER AND AUTHORIZE THE CHAIR AND THE
DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (**2313)
MOTION: I MOVE TO REJECT THE BID AND DIRECT PUBLIC WORKS STAFF TO REBID
CONSTRUCTION OF MODULE 4, PHASE A, IN EARLY 2003.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 11:54 A.M.
RECONVENE: 12:04 P.M.
Page 363 August 27, 2002
Auaust 27. 2002
Regular Agenda
02-272 A Matter on Which a Public Hearing Has Been Held and a Motion of
Intent Adopted - Marc Nix - Appeal of a Denial of a Use Permit (UP
02-12, APL 02-07) - on July 9, 2002, the Board convened a public
hearing to consider an appeal of the Planning Commission's denial of
a Use Permit to remove development restrictions imposed by Use Permit
84-36 on the remaining property of a home site segregation on
property zoned A-5 (Agricultural - 5 acre parcels) and located on the
southwest corner of the intersection of Bell Road and Nora Avenue,
approximately 400 feet east of Muir Avenue in the north Chico area,
and identified as APN 042-050-072. The Board adopted a Motion of
Intent to approve the appeal and directed staff to prepare the
necessary actions for approval - action requested:
1. FIND THE PROJECT IS CATEGORICALLY EXEMPT FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT REVIEW UNDER SECTION 15303(a)-
CLASS 3, THE CONSTRUCTION OF A SINGLE FAMILY DWELLING; AND
2. SUBJECT TO FINDING II(A) AS DETAILED IN THE STAFF REPORT DATED
AUGUST 6, 2002, APPROVE THE REQUEST FOR A USE PERMIT TO REMOVE
DEVELOPMENT RESTRICTIONS IMPOSED BY USE PERMIT 84-36 ON THE
REMAINING PROPERTY OF A HOME SITE SEGREGATION. (DEVELOPMENT
SERVICES [FROM 8-13-02/4.05]) (**2703)
MOTION: I MOVE TO FIND THE PROJECT IS CATEGORICALLY EXEMPT FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT REVIEW UNDER SECTION 15303 (a)-CLASS 3, THE
CONSTRUCTION OF A SINGLE FAMILY DWELLING; AND SUBJECT TO FINDING
II(A) AS DETAILED IN THE STAFF REPORT DATED AUGUST 6, 2002, FURTHER
MOVE TO APPROVE THE REQUEST FOR A USE PERMIT TO REMOVE DEVELOPMENT
RESTRICTIONS IMPOSED BY USE PERMIT 84-36 ON THE REMAINING PROPERTY
OF A HOME SITE SEGREGATION.
S M
VOTE: 1 Y 2 N 3 N 4 Y 5 Y (Motion Carried)
02-273 A Matter on Which a Public Hearing has been Held and a Motion of
Intent Adopted - Becky Yount - General Plan Amendment and Rezone -
on August 13, 2002, the Board convened a public hearing to consider
a General Plan Amendment to change the General Plan Designation of
the subject property from "Agricultural Residential" to "Industrial",
and a Rezone to change the zoning from SR-1 (Suburban Residential -
1 acre parcels) to L-I (Limited Industrial). The property is located
on the west side of State Route 99, between Speedway Avenue and
Entler Avenue in the south Chico area and identified as APN 040-030-
055 (portion)(DB [GPA/RZ 02-01]) The Board adopted a Motion of
Intent to approve the project and directed staff to prepare the
necessary actions for approval - action requested - STAFF RECOMMENDS
THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF REPORT
DATED AUGUST 27, 2002, APPROVE A MITIGATED NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACTS;
Page 364 August 27, 2002
Auaust 27. 2002
02-273 2. FIND THAT THE PROJECT WILL HAVE AN IMPACT ON FISH AND/OR
WILDLIFE HABITAT AND APPROVE THE COLLECTION OF DEPARTMENT OF
FISH AND GAME FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4(d)(3) AND 14 CCR 753.5. THE PROJECT FEES ARE PAYABLE BY
THE PROJECT APPLICANT UPON FILING OF THE NOTICE OF
DETERMINATION BY THE LEAD AGENCY; AND
3. SUBJECT TO FINDINGS III(A-K) AS DETAILED IN THE STAFF REPORT
DATED AUGUST 27, 2002, FIND THE PROPOSED GENERAL PLAN AMENDMENT
IS IN THE PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65358; ADOPT AN ORDINANCE REZONING FROM
SR-1 (SUBURBAN RESIDENTIAL - 1 ACRE PARCELS) TO L-I (LIMITED
INDUSTRIAL), AND A RESOLUTION AMENDING THE GENERAL PLAN FROM
AGRICULTURAL RESIDENTIAL TO INDUSTRIAL, PROPERTY IDENTIFIED AS
AN 8.2 (+/-) ACRE PORTION OF APN 040-030-055, SUBJECT TO THE
CONDITIONAL ZONING AGREEMENT ATTACHED TO THE ZONING ORDINANCE
AS EXHIBIT "A" AS CONTAINED IN THE STAFF REPORT DATED
AUGUST 27, 2002, AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-13-
02 [5.01]) (**2890)
MOTION: SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF REPORT DATED
AUGUST 27, 2002, I MOVE TO APPROVE A MITIGATED NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACTS; FIND THAT THE PROJECT WILL HAVE AN
IMPACT ON FISH AND/OR WILDLIFE HABITAT AND APPROVE THE COLLECTION OF
DEPARTMENT OF FISH AND GAME FEES PURSUANT TO FISH AND GAME CODE
SECTION 711.4(d)(3) AND 14 CCR 753.5 AND THAT THE PROJECT FEES ARE
PAYABLE BY THE PROJECT APPLICANT UPON FILING OF THE NOTICE OF
DETERMINATION BY THE LEAD AGENCY; AND SUBJECT TO FINDINGS III(A-K)
AS DETAILED IN THE STAFF REPORT DATED AUGUST 27, 2002, FURTHER MOVE
TO FIND THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST
IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358; ADOPT
ORDINANCE 3828 REZONING FROM SR-1 (SUBURBAN RESIDENTIAL - 1 ACRE
PARCELS) TO L-I (LIMITED INDUSTRIAL), AND RESOLUTION 02-151 AMENDING
THE GENERAL PLAN FROM AGRICULTURAL RESIDENTIAL TO INDUSTRIAL,
PROPERTY IDENTIFIED AS AN 8.2 (+/-) ACRE PORTION OF APN 040-030-055,
SUBJECT TO THE CONDITIONAL ZONING AGREEMENT ATTACHED TO THE ZONING
ORDINANCE AS EXHIBIT "A" AS CONTAINED IN THE STAFF REPORT DATED
AUGUST 27, 2002, AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-13-02
[5.01] )
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
02-274 Sacramento River Conservation Area and Proposed Regulations - Report
to the Board - presentation of the County Counsel staff report on the
Sacramento River Conservation Area and proposed regulations regarding
property acquisition for wildlife conservation purposes - action
requested - PROVIDE STAFF DIRECTION AS REQUIRED. (FROM 7-9-02
[4.04]) (**3090) (***00)
BOARD DIRECTION TO COUNTY COUNSEL TO PREPARE A REPORT ON THE OPTION
OF IMPOSING THE REQUIREMENT OF A GENERAL PLAN AMENDMENT AND REZONE
PROCESS FOR THE CONVERSION OF AGRICULTURE LAND INTO PERMANENT
CONSERVATION AREAS. STAFF IS ALSO TO INCLUDE AN EXPLANATION OF WHAT
COLUSA AND SUTTER COUNTIES HAVE DONE REGARDING THIS ISSUE.
Page 365 August 27, 2002
Auaust 27. 2002
02-275 Items removed from the Consent Agenda for Board consideration and
action. (NONE) (***875)
RECESS AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND CONVENE AS THE
BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY. (***882)
Butte County In-Home Supportive Services Public Authority
Minutes
Auaust 27. 2002
Called to order at 12:49 p.m. in the Board of Supervisors Chambers,
25 County Center Drive, Oroville. Board members present: Beeler,
Dolan, Houx, Yamaguchi, and Chair Josiassen. Also present: Marion
Reeves, Deputy Clerk.
Consent Agenda
02-010 California Public Employees' Retirement System - consideration of an
agreement with the California Public Employees' Retirement System for
actual valuations required by Section 20466 of the Public Employees's
Retirement Law for the purpose of determining the contributions to
be made by the Public Authority for employee retirement benefits.
The cost of the agreement is $700, and there are sufficient funds
within the budget to cover the expenditure - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (***891)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
02-011 Public Comment (***918)
1. MOLLY HOLLIS, UNITED DOMESTIC WORKERS, REQUESTED THE BOARD
PROVIDE THE UNITED DOMESTIC WORKERS WITH A DATE FOR THE
BEGINNING OF LABOR NEGOTIATIONS.
2. ANN SUTHERLAND, UNITED DOMESTIC WORKERS, REQUESTED THE BOARD
ADOPT A BARGAINING DATE WITHIN THE NEXT 30 DAYS.
3. DOUR LOR, UNITED DOMESTIC WORKERS, REQUESTED TO BOARD ADOPT A
BARGAINING DATE FOR NEGOTIATIONS.
4. DORIS LAUGHLIN, AN ADDUS IHSS WORKER, SPEAKING FOR THE
INDEPENDENT PROVIDERS, REQUESTING THE BOARD BEGIN NEGOTIATIONS.
5. ROSEMARY LANDRY REQUESTED THE BOARD GIVE THE UNION A LABOR
NEGOTIATIONS DATE.
6. ANNA GOODNIGHT, UNITED DOMESTIC WORKERS, ADDRESSED THE BOARD TO
URGE THEM TO SET A BARGAINING DATE.
Page 366 August 27, 2002
Auaust 27. 2002
THERE BEING NO FURTHER BUSINESS, THE BOARD ADJOURNED THE MEETING AT
1:15 P.M. AND RECONVENED AS THE BUTTE COUNTY BOARD OF SUPERVISORS.
(***1848)
RECESS: 1:16 P.M.
RECONVENE: 2:09 P.M.
Butte County Board of Supervisors
Continued Agenda
Public Hearing and Timed Items
02-276 Continued Public Hearing - Butte County Fiscal Year 2002-2003 Final
Budget - action requested:
1. TAKE ANY REMAINING COMMENTS THEN CLOSE THE PUBLIC HEARING;
2. APPROVE PRELIMINARY FINAL BUDGET ADJUSTING ENTRIES AS
RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER AND PREPARED BY
THE AUDITOR-CONTROLLER;
3. PROVIDE STAFF DIRECTION ON BOARD'S FINAL BUDGET ADJUSTMENTS (IF
ANY); AND
4. DIRECT ADOPTION OF THE FINAL BUDGET FOR FISCAL YEAR 2002-2003
BE PLACED ON THE AGENDA OF SEPTEMBER 10, 2002. (FROM 8-13-02
[5.03]) (***1889)
PUBLIC HEARING RECONVENED: 2:11 P.M.
PUBLIC HEARING CLOSED: 2:21 P.M.
MOTION: I MOVE TO APPROVE THE PRELIMINARY FINAL BUDGET ADJUSTING ENTRIES AS
RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER AND PREPARED BY THE
AUDITOR-CONTROLLER; AND DIRECT ADOPTION OF THE FINAL BUDGET FOR
FISCAL YEAR 2002-2003 BE PLACED ON THE AGENDA OF SEPTEMBER 10, 2002.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 367 August 27, 2002
Auaust 27. 2002
Public Comment
02-277 COMMENTS REGARDING ITEMS NOT LISTED ON THE AGENDA. PRESENTATIONS
WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS
PROHIBITED FROM TAKING ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.
(***2508)
1. DAVID PALMERLEE ADDRESSED THE BOARD REGARDING THE INTERSECTION
OF HIGHWAY 70 AND INTERSTATE 149 AND REQUESTED THE BOARD WRITE
A LETTER TO CALTRANS AND OTHER APPROPRIATE AGENCIES FOR A
SOLUTION TO THE DANGERS AT THIS INTERSECTION. ADDITIONALLY, HE
ADDRESSED THE BOARD REGARDING THE COUNTY'S PENSION AND HEALTH
SYSTEMS.
AdIOUrnment: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD THE
MEETING WAS ADJOURNED AT 2:25 P.M. TO RECONVENE AT
A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY,
SEPTEMBER 10, 2002, AT 9:00 A.M.
CURT JOSIASSEN, CHAIR
ATTEST:
Paul McIntosh, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
Page 368 August 27, 2002