HomeMy WebLinkAboutM091101BOARD 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
September 11, 2001
Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Beeler, Dolan, Houx, Yamaguchi, and Chair
Josiassen. Also present: John S. Blacklock, Chief
Administrative Officer; Bruce Alpert, County Counsel; and
Marion Reeves, Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of
America.
Invocation - Pastor Ken Patton, Palermo Baptist Church,
Palermo.
THE BOARD ROOM STANDS IN A MOMENT OF SILENCE IN RECOGNITION AND
MEMORY OF THOSE INDIVIDUALS WHO LOST THEIR LIVES IN THE TRAGIC
TERRORIST ATTACKS WHICH TOOK PLACE THIS MORNING.
01-274 Items removed from the Consent Agenda for Board consideration
and action. (133)
1. Resolution in Honor of John S. Blacklock upon his
retirement from the County of Butte - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
Consent A ecr nda
01-275 1. Library Donations - in accordance with Government Code
Section 25355, donations of $1,514.25 from the Chico
Unified School District (Hooker Oak Open Structured
Classrooms), $1,000 from the Paradise Friends of the
Library, $884.50 from the Oroville Friends of the
Library, $300 from the Chico Friends of the Library, and
$110 from B.O.B. Book Club (c/o Anna Victoria Farrell)
have been received for the Butte County Trust Fund for
the purchase of books - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
Page 383 September 11, 2001
September 11, 2001
O1-275 2. Underground Utility District No. 14B - the Public works
Department is requesting Board approval of a resolution
which would set a public hearing for October 9, 2001, at
10:30 a.m., to determine whether public necessity,
health, safety, or welfare require the formation of an
underground utility district on East Avenue from Cohasset
Road to 400 feet easterly, Chico - action requested -
ADOPT RESOLUTION O1-091 SETTING A PUBLIC HEARING FOR
OCTOBER 9, 2001, AT 10:30 A.M. AND AUTHORIZE THE CHAIR TO
SIGN.
3. Assessment Appeals Board - action requested -
REAPPOINT GIL JONES, BOARD MEMBER, AND DAVID B. JOHNSON,
ALTERNATE, TO TERMS TO END SEPTEMBER 4, 2004.
4. Reclamation District No. 833 - Appointment of
Insufficient Nominees - pursuant to California Elections
Code Section 10515, Reclamation District No. 833 is
requesting the Board reappoint Dane Andes, Trustee, to a
term to end December 2, 2005, as the district did not
receive a declaration of candidacy for their board
vacancy - action requested - APPOINT DANE ANDES, TRUSTEE,
TO A TERM TO END DECEMBER 2, 2005.
5. Sheriff's Office - Donation of a Patrol Boat and
Trailer - in accordance with Government Code Section
25355, a donation of a 1982 Wellcraft Runabout Boat
(CF#5614XF) and a 1994 Shoreland'r Trailer
(HIN#WELA7989078F30082), with a combined value of $3,300,
have been received from the United States Department of
Agriculture-Lake Tahoe Basin Management Unit, for the
Sheriff's Office-Marine Unit. The boat will be used to
enhance the Department of Boating and waterways' grant
program - action requested - ACCEPT DONATION AS A FIXED
ASSET ITEM; AUTHORIZE THE COUNTY PURCHASING OFFICE TO
INITIATE DEPARTMENT OF MOTOR VEHICLES TRANSFER PAPERWORK,
AND AUTHORIZE A LETTER OF APPRECIATION.
6. Butte County Library - Grant Funds - Board approval is
requested by the Library to accept and appropriate
$24,622 in grant funds received from the Butte County
Children and Families Commission for the Literacy
Program - action requested - APPROVE BUDGET TRANSFER B-
037 (4 /5 vote required) ACCEPTING AND APPROPRIATING
$24,622 AS DETAILED IN THE AGENDA TRANSMITTAL.
Page 384 September 11, 2001
September 11, 2001
O1-275 7. Butte County Library - Grant Funds - Board approval is
requested by the Library to accept and appropriate funds
received from the California State Library under the
English Language Literacy Intensive Grant Program. The
Library was awarded $57,600 for the two-year period of
2001-2003. The Library budgeted $18,900 for fiscal year
2001-2002, and received $27,900. Board approval is
requested to appropriate the additional $9,000 received
for fiscal year 2001-2002. The remaining funds ($29,700)
will be appropriated into the fiscal year 2002-2003
department budget - action requested - APPROVE BUDGET
TRANSFER B-035 (4/5 vote required) ACCEPTING AND
APPROPRIATING GRANT REVENUE.
8. Annual Report of Inmate welfare Fund Expenditures -
pursuant to Penal Code Section 5006, the Sheriff's Office
submits an annual report of all expenditures from the
Inmate welfare Fund, less transfers approved by the
Board - action requested - ACCEPT FOR INFORMATION.
9. Local Law Enforcement Block Grant - Resolution - on
August 14, 2001, the Board approved the grant application
by the Probation Department and the Sheriff's Office to
the United States Department of Justice-Bureau of Justice
Assistance for funding under the Local Law Enforcement
Block Grant Program. Pursuant to the requirements of the
grant, Board approval is requested for a resolution which
would accept the terms and conditions of the grant -
action requested - ADOPT RESOLUTION O1-092 AND AUTHORIZE
THE CHAIR TO SIGN.
10. Cardenas Crime Prevention Act of 2000 Financial Reports -
the Probation Department submits the 2001 Progress
Reports as required by the California State Board of
Corrections - action requested - ACCEPT FOR INFORMATION.
11. Adoption of a Salary Ordinance Amendment - the
Facilities Services Division has requested the
Department of Human Resources prepare a salary ordinance
amendment which deletes two positions of Building Crafts
worker III and one position of Lead - Building Crafts
worker, and adds two flexibly staffed positions of Lead -
Building Crafts worker or Building Crafts worker III, and
one flexibly staffed position of Building Crafts worker
III/II/I. The proposed ordinance will provide the
department with greater flexibility in recruiting,
staffing and departmental organization without additional
staff - action requested - ADOPT ORDINANCE 3761 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 8-28-O1 [3.18])
Page 385 September 11, 2001
September 11, 2001
O1-275 12. Adoption of a Salary Ordinance Amendment - the District
Attorney has requested the Department of Human Resources
prepare a salary ordinance amendment which deletes one
position of Investigative Assistant. On May 8, 2001, the
Board adopted an ordinance adding the position of
Supervisor-Clerical Support Services to the Bad Check
Unit of the Criminal Division, with the provision that
when the position was filled, the Investigative Assistant
position would be deleted. This ordinance completes that
action - action requested - ADOPT ORDINANCE 3762 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 8-28-O1 [3.19])
13. Adoption of a Salary Ordinance Amendment - the Department
of water and Resource Conservation has requested the
Department of Human Resources prepare a salary ordinance
amendment which deletes one position of Administrative
Analyst III/II/I, and adds one position of Manager-
Program and Resource Development in response to a
classification study - action requested - ADOPT ORDINANCE
3763 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-28-O1
[3.20] )
14. Adoption of a Salary Ordinance Amendment - the Library
has requested the Department of Human Resources prepare
a salary ordinance amendment which adds one half-time
position of Library Assistant II, and one three-quarter
time position of Library Assistant III. Both positions
have a sunset date of June 30, 2002. The positions will
be funded with grant funds received from the California
State Library and the Butte County Children and Families
Commission. The grants will renew each year, and the
Library will extend the sunset dates based on the
continued funding - action requested - ADOPT ORDINANCE
3764 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-28-O1
[3.21] )
15. Adoption of a Salary Ordinance Amendment - the Department
of Human Resources has prepared a salary ordinance
amendment which corrects salary range errors contained in
the Salary Plan for Classified Positions, Reference G,
Professional Employees' Unit Classification as follows:
Public Health Microbiologist (Step 1 $21.49 - Step 5
$26.12); Public Health Nurse I (Step 1 $17.60 - Step 5
$21.39); Public Health Nurse II (Step 1 $19.45 - Step 5
$23.64); and Public Health Nurse III (Step 1 $21.49 -
Step 5 $26.12). The corrections are retroactive to
July 1, 2001, the effective date of the adopted Butte
County Fiscal Year 2001-2002 Proposed Budget - action
requested - ADOPT ORDINANCE 3765 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 8-25-O1 [3.22])
Page 386 September 11, 2001
September 11, 2001
O1-275 16. Adoption of a Salary Ordinance Amendment - the Department
of Human Resources has prepared a salary ordinance
amendment which incorporates adjustments included in the
Butte County Fiscal Year 2001-2002 Final Budget as
follows: Administrative - adds one flexibly staffed
position of Office Assistant III/II/I; District Attorney-
Criminal - adds one flexibly staffed position of
Information Systems Technician II/I; Probation - adds two
flexibly staffed positions of Probation Officer III/II/I;
Development Services - adds one flexibly staffed position
of Information Systems Technician III/II/I Public works-
General Administration - adds one flexibly staffed
position of Information Systems Technician III/II/I;
Public works-Construction and Maintenance - adds one
position of Associate Engineer, one flexibly staffed
position of Engineering Technician III/II/I, and one
position of Engineering Technician II; Public Health-
General Services - adds one flexibly staffed position of
Medical Records Technician II/I, one half-time flexibly
staffed position of Health Education Specialist II/I, and
one flexibly staffed position of Information Systems
Analyst III/II/I; Behavioral Health-General Services -
adds one position of Supervisor-Billing, one flexibly
staffed position of Mental Health Clinician II/I, three
and one-half flexibly staffed positions of Senior Mental
Health Counselor/Mental Health Counselor/Mental Health
worker, and one position of Psychiatric Technician;
Behavioral Health-Drug Treatment - adds one position of
Supervisor-Mental Health Clinician, two flexibly staffed
positions of Senior Mental Health Counselor/Mental Health
Counselor/Mental Health worker, and one flexibly staffed
position of Mental Health Clinician II/I; Child Support
Services - adds five flexibly staffed positions of Family
Support Case Manager III/II/I, four flexibly staffed
positions of Accounting Specialist/Senior Account
Clerk/Account Clerk, and two flexibly staffed positions
of Office Assistant III/II/I; welfare-Administration is
re-titled to Employment and Social Services-
Administration, adds two positions of Information Systems
Analyst II, and two positions of Social Services Aide;
welfare-Eligibility is re-titled to Employment and Social
Services-Eligibility, and adds two flexibly staffed
positions of Eligibility Technician II/I; welfare-
Services is re-titled to Employment and Social Services-
Services, and adds one flexibly staffed position of
Social worker IV/III, and one flexibly staffed position
of Social worker III/II; welfare-CalwORKs is re-titled
to Employment and Social Services-CalwORKs, deletes six
term positions of Employment Case Manager II, and adds
six positions of Employment Case Manager II; welfare-
Public Guardian is re-titled to Employment and Social
Services-Public Guardian;
Page 387 September 11, 2001
September 11, 2001
01-275 16. Administrative-Facilities Services adds one position of
(Cont.) Senior Account Clerk and one position of Grounds
Maintenance worker I. The salary ordinance also provides
for the position name changes resulting from the name
change of the Department of Employment and Social
Services - action requested - ADOPT ORDINANCE 3766 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 8-28-O1 [3.23])
17. Introduction of a Salary Ordinance Amendment - the
Department of Human Resources has prepared a salary
ordinance amendment which transfers the position
classification of Probation Officer III from the Butte
County Management Employees Association to the Butte
County Employees Association, General Unit, pursuant to
a side letter agreement. The transfer will be effective
July 26, 2001, however, employees occupying this
classification shall continue to accrue vacation and
holidays in accordance with the Butte County Management
Employees Association's Memorandum of Understanding until
January 4, 2002 - action requested - WAIVE READING OF THE
ORDINANCE.
18. Introduction of a Salary Ordinance Amendment - the
Behavioral Health Department has requested the Department
of Human Resources prepare a salary ordinance amendment
which deletes one term position of Clinical Program
Manager (term of end 6-30-02), and adds one position of
Clinical Program Manager in support of the Family Bridges
Program - action requested - WAIVE READING OF THE
ORDINANCE.
19. Introduction of a Salary Ordinance Amendment - the
Department of Child Support Services has requested the
Department of Human Resources prepare a salary ordinance
amendment which deletes thirteen flexibly staffed
positions of Senior Account Clerk/Account Clerk, and adds
thirteen flexibly staffed positions of Accounting
Specialist/Senior Account Clerk/Account Clerk. The
broader classification will provide the department
greater staffing choices, and provide greater promotional
opportunities within the department - action requested -
wAIVE READING OF THE ORDINANCE.
Page 388 September 11, 2001
September 11, 2001
O1-275 20. Introduction of a Salary Ordinance Amendment - the
Administrative Office has requested the Department of
Human Resources prepare a salary ordinance amendment
which creates a new budget unit entitled, "360-007
Sheriff-Coroner - Rural County Supplemental Funding", and
adds the following positions to the new budget unit: one
flexibly staffed position of Information Systems Analyst
II/I, two flexibly staffed positions of Information
Systems Technician II/I, four positions of Deputy
Sheriff, and one flexibly staffed position of Sheriff's
Clerk III/II. The ordinance also adds one flexibly
staffed term position of Sheriff's Clerk II/I (term to
end 6-30-02) to the Sheriff-Coroner - Services budget
unit (360-001). These actions were part of the final
budget adjustments for the Sheriff's Office - action
requested - WAIVE READING OF THE ORDINANCE.
21. Resolution Commending Jennifer K. Faughn - Board approval
is requested by Butte County Economic Development
Corporation for a resolution commending Jennifer K.
Faughn for her work as a Business Recruitment Officer for
the Butte County Economic Development Corporation from
May 27, 1999, to June 30, 2001 - action requested - ADOPT
RESOLUTION O1-093 AND AUTHORIZE THE CHAIR TO SIGN.
22. Proclamation for Domestic Violence Awareness Month -
Board approval is requested by the Probation Department
for a resolution proclaiming October 2001 as Domestic
Violence Awareness Month in Butte County - action
requested - ADOPT RESOLUTION O1-094 AND AUTHORIZE THE
CHAIR TO SIGN.
23. Summary Abandonment of a Portion of Right-of-Way on
Church Street, Richvale - Lundberg Family Farms and
Richvale Irrigation District have requested the County
abandon portions of Church Street (formerly Fourth
Street) in the town of Richvale. The Public works
Department has determined that certain strips of land
along the east and west sides of Church Street are no
longer needed for road right-of-way, and a resolution for
summary abandonment and a quit claim deed for the
property have been prepared for Board consideration -
action requested - ADOPT RESOLUTION O1-095 OF SUMMARY
ABANDONMENT AND AUTHORIZE THE CHAIR TO SIGN, AND APPROVE
QUIT CLAIM DEED AND AUTHORIZE THE CHAIR TO SIGN.
Page 389 September 11, 2001
September 11, 2001
O1-275 24. Denny R. Forland - Amendment - Board approval is
requested by the Administrative Office for an
amendment to the agreement with Denny R. Forland for the
provision of Indigent Defense Services. The amendment
provides for the addition of an attorney to the Public
Defender Consortium as provided in the Butte County Final
Budget for Fiscal Year 2001-2002. The attorney will be
hired as a subcontractor of Denny R. Forland, Executive
Director for the Consortium. The term of the amendment
is July 1, 2001, through June 30, 2003, with a maximum
amount payable of $280,158.96 (department budget) -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
25. willow Glen Care Center - Board approval is
requested by the Butte County Department of
Behavioral Health for an agreement with willow Glenn Care
Center for the provision of full-day rehabilitation
services. The term of the agreement is July 1, 2001,
through June 30, 2002, with a maximum amount payable of
$117,850 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X13170)
26. 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., for the provision of software
maintenance, support, and enhancement of the department's
computerized medical billing system. The amendment
extends the term of the agreement through June 30, 2002,
and increases the maximum amount payable by $92,262.22
(department budget) - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X11516)
27. Enloe Medical Center - Board approval is requested by the
Butte County Department of Behavioral Health for an
agreement with Enloe Medical Center for the provision of
initial medical evaluations of an urgent/emergency nature
prior to admission to the County's Psychiatric Health
Facility (or within 24 hours thereafter, as required by
law). The term of the agreement is July 1, 2001, through
June 30, 2002, with a maximum amount payable of $72,000
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X13205)
Page 390 September 11, 2001
September 11, 2001
01-275 28. Oroville Hospital - Board approval is requested by the
Butte County Department of Behavioral Health for an
agreement with Oroville Hospital for the provision of
initial medical evaluations of an urgent/emergency nature
prior to admission to the County's Psychiatric Health
Facility (or within 24 hours thereafter, as required by
law), and ambulance services. The term of the agreement
is July 1, 2001, through June 30, 2002, with a maximum
amount payable of $82,000 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X13206)
29. Community Living Centers-JOBS PLUS - Board approval is
requested by the Butte County Department of Behavioral
Health (BCDBH) for an agreement with Community Living
Centers-JOBS PLUS for the provision of vocational
experience to BCDBH clients. The term of the agreement
is July 1, 2001, through June 30, 2002, with a maximum
amount payable of $129,599 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X13203)
30. Community Living Centers-JOBS PLUS - Board approval is
requested by the Butte County Department of Behavioral
Health (BCDBH) for an agreement with Community Living
Centers-JOBS PLUS for the provision of vocational
training services to BCDBH Adult System of Care clients.
The term of the agreement is July 1, 2001, through
June 30, 2002, with a maximum amount payable of $69,818
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X13164)
31. Northern Valley Catholic Social Service - Board approval
is requested by the Butte County Department of Behavioral
Health for an agreement with Northern Valley Catholic
Social Service for the provision of mental health
services to children with full-scope Medi-Cal, who meet
the criteria of medical necessity. The term of the
agreement is July 1, 2001, through June 30, 2002, with a
maximum amount payable of $693,987 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X13173)
Page 391 September 11, 2001
September 11, 2001
O1-275 32. 7-Up Bottling Company of Chico, Inc. - Lease Agreement -
Board approval is requested by the Butte County
Department of Behavioral Health for a lease agreement
with 7-Up Bottling Company of Chico, Inc., for the
properties located at 582, 584, and 586 Rio Lindo Avenue,
Chico. The properties will be utilized by the CalwORKs
program. The term of the agreement is October 1, 2001,
through September 30, 2004, with a maximum amount payable
of $152,517.12 for the multi-year term (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X13213)
33. QRP Partners - Lease Agreement - Board approval is
requested by the Butte County Department of Behavioral
Health for a lease agreement with QRP Partners for the
property located at 5910 Clark Road, Suite T, Paradise.
The property will be utilized by the Youth Services
Family Bridges program. The term of the agreement is
November 1, 2001, through October 31, 2006, with a
maximum amount payable of $121,929.36 for the multi-year
term (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X13202)
34. Q Street, Ltd. - Lease Agreement - Board approval is
requested by the Butte County Department of Behavioral
Health for a lease agreement with Q Street, Ltd. , for the
property located at 873 Mitchell, Oroville. The property
will be utilized by the Youth Services Family Bridges
program. The term of the agreement is August 1, 2001,
through June 30, 2006, with a maximum amount payable of
$257,646 for the multi-year term (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X13174)
35. Youth For Change - Amendment - Board approval is
requested by the Department of Employment and Social
Services for an amendment to the agreement with Youth For
Change for the provision of adoption promotion and
support services. The amendment increases the maximum
amount payable by $72,072 as the result of an increased
federal allocation of $72,072 for post-adopted services.
Board approval is also requested to accept and
appropriate the unanticipated funds - action requested -
APPROVE BUDGET TRANSFER B-038 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE;
AUTHORIZE THE AUDITOR TO INCREASE THE ENCUMBRANCE FOR THE
AGREEMENT TO $90,754 FOR THE PERIOD OF JANUARY 1, 2001,
THROUGH SEPTEMBER 30, 2001; AND APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X11697)
Page 392 September 11, 2001
September 11, 2001
01-275 36. Parent Education Network - Board approval is requested by
the Department of Employment and Social Services for an
agreement with the Parent Education Network for the
provision of a 24-hour Parent Talkline to provide support
to parents in times of crisis. The term of the agreement
is July 1, 2001, through June 30, 2002, with a maximum
amount payable of $104,673. Funding for the agreement is
available utilizing department funds ($20,000) and Frank
watters Memorial Trust Fund funds ($84,673), and Board
approval is also requested for a budget transfer of the
trust fund funds - action requested - APPROVE BUDGET
TRANSFER B-036 (4 /5 vote required); AND APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13158)
37. Northern Valley Catholic Social Service - Amendment -
Board approval is requested by the Department of
Employment and Social Services for an amendment to the
agreement with Northern Valley Catholic Social Service
for the provision of Cal-Learn Program case management
services. The amendment extends the term of the
agreement through June 30, 2002, and increases the
maximum amount payable by $230,000 (department budget)
for fiscal year 2001-2002 - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11259)
38. City of Oroville - Board approval is requested by the
Fire Department for an agreement with the City of
Oroville for the provision of dispatch services for the
Oroville City Fire Department. The term of the agreement
is July 1, 2001, through June 30, 2004. The agreement
funds one dispatch clerk position in the Schedule A
agreement. The City will pay quarterly payments to the
County in arrears pursuant to the agreement - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
39. LDBond & Associates - Board approval is requested by the
Department of water Resources for an agreement with
LDBond & Associates for consulting services in connection
with the Butte Basin water Users Association-Butte County
Hydrological Goundwater Model. The term of the agreement
is July 1, 2001, through June 30, 2002, with a maximum
amount payable of $30,000 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X13209)
Page 393 September 11, 2001
September 11, 2001
O1-275 40. District Attorney Investigator II - Advance Step Hire -
pursuant to Personnel Rule Section 11.5b, the District
Attorney has requested the Department of Human Resources
prepare an agenda item to request Board approval of the
advance step hire of a District Attorney Investigator II
candidate to Step 4 of the salary range based on
education and experience - action requested - APPROVE
ADVANCE STEP HIRE OF A DISTRICT ATTORNEY INVESTIGATOR II
CANDIDATE TO STEP 4 OF THE SALARY RANGE.
41. District Attorney Investigative Assistant - Out of
Sequence Merit Advance - the District Attorney has
requested the Department of Human Resources prepare an
agenda item requesting Board approval for an out of
sequence merit advance for an Investigative Assistant
incumbent to Step 5 of the salary range. The incumbent
has been performing the duties of an Investigative
Assistant since March 1996, and was hired as a Regular
Help employee in November 2000. The department is
requesting the merit advance be retroactive to March 9,
2001 - action requested - APPROVE OUT OF SEQUENCE MERIT
ADVANCE FOR JUSTIN MONACO TO STEP 5 OF THE SALARY RANGE
FOR INVESTIGATIVE ASSISTANT, RETROACTIVE TO
MARCH 9, 2001. (200)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM
3.21.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
O1-276 Existence of a Local Emergency - commencing September 6, 2001,
a widespread wildfire resulted in the evacuation of populations
in the communities of Yankee Hill and Concow. The Red Cross
has opened shelters to accommodate displaced individuals.
These fires have caused, and are anticipated to continue to
cause, wholesale destruction of homes, outbuildings, businesses
and local watersheds - action requested:
1. ACCEPT PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY
MADE FRIDAY, SEPTEMBER 7, 2001, BY THE DIRECTOR OF
EMERGENCY SERVICES (CURT JOSIASSEN, CHAIR OF THE BOARD);
2. ADOPT A RESOLUTION RATIFYING PROCLAMATION OF EXISTENCE OF
A LOCAL EMERGENCY, REQUESTING THE GOVERNOR PROCLAIM THE
COUNTY OF BUTTE TO BE IN A STATE OF EMERGENCY, AND
REQUESTING THE GOVERNOR REQUEST A PRESIDENTIAL
DECLARATION, AND AUTHORIZE THE CHAIR TO SIGN;
3. CONFIRM NEED FOR CONTINUING THE PROCLAMATION OF A LOCAL
EMERGENCY; OR
Page 394 September 11, 2001
September 11, 2001
O1-276 4. ADOPT A RESOLUTION OF TERMINATION OF A LOCAL EMERGENCY
AND AUTHORIZE THE CHAIR TO SIGN. (215)
PRESENTATION TO THE BOARD ON THE STATUS OF THE YANKEE
HILL/CONCOW FIRE BY CHIEF SAGER.
MOTION: I MOVE TO ACCEPT PROCLAMATION O1-096 OF EXISTENCE OF A LOCAL
EMERGENCY MADE FRIDAY, SEPTEMBER 7, 2001, BY THE DIRECTOR OF
EMERGENCY SERVICES; ADOPT RESOLUTION O1-097 RATIFYING
PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY, REQUESTING THE
GOVERNOR PROCLAIM THE COUNTY OF BUTTE TO BE IN A STATE OF
EMERGENCY, AND REQUESTING THE GOVERNOR REQUEST A PRESIDENTIAL
DECLARATION, AND AUTHORIZE THE CHAIR TO SIGN; AND CONFIRM THE
NEED FOR CONTINUING THE PROCLAMATION OF A LOCAL EMERGENCY.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
O1-277 PRESENTATION OF A $2,500 DONATION TO THE COUNTY OF BUTTE FROM
THE CHICO ROTARY CLUB. (684)
PRESENTATION OF A RESOLUTION HONORING JENNIFER FAUGHN TO DAN
BOEGER, BUTTE COUNTY ECONOMIC DEVELOPMENT CORPORATION,
ACCEPTING ON HER BEHALF.
O1-278 Appointments - Boards, Commissions, and Committees. (825)
1. Appointments to listed vacancies.
MOTION: I MOVE TO APPOINT DAVID BRYNING, DISTRICT 5 REPRESENTATIVE,
BUTTE COUNTY FISH AND GAME COMMISSION, TO A VACATED TERM TO END
JANUARY 10, 2005.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. County Medical Services Program Governing Board -
consideration of ballot for current vacancy - action
requested - VOTE FOR ALENE TAYLOR, OR PROVIDE WRITE-IN
CANDIDATE.
MOTION: I MOVE TO VOTE FOR ALENE TAYLOR, COUNTY MEDICAL SERVICES
PROGRAM GOVERNING BOARD.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
3. California State Association of Counties - action
requested - APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO
TERMS TO END SEPTEMBER 2002.
MOTION: I MOVE TO APPOINT SUPERVISOR JOSIASSEN, DIRECTOR, AND
SUPERVISORS DOLAN, ALTERNATE DIRECTOR, TO THE CALIFORNIA STATE
ASSOCIATION OF COUNTIES, TO A TERM OF END SEPTEMBER 2002.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 395 September 11, 2001
September 11, 2001
O1-278 4. Community Transit Advisory Committee - consideration of
appointment - action requested - APPOINT MEMBER TO A
VACATED TERM TO END JANUARY 1, 2005.
MOTION: I MOVE TO APPOINT DAVID L. STEPHENS, COMMUNITY TRANSIT ADVISORY
COMMITTEE, TO A VACATED TERM TO END JANUARY 1, 2005.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
01-279 Update on legislative and budget activities. (985) JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT
THIS IS THE LAST WEEK IN SESSION FOR THE LEGISLATURE; HOWEVER,
THEY WILL NOT BE IN SESSION TODAY AS A RESULT OF THE TERRORIST
ACTIVITIES TAKING PLACE TODAY. THE CHIEF ADMINISTRATIVE OFFICE
WILL CONTINUE TO MONITOR LEGISLATION EFFECTING THE COUNTY.
01-280 Presentation to the Board - presentation of a $2,500 donation
from the Rotary Club of Chico to the Board for the Butte County
Library - action requested - PURSUANT TO GOVERNMENT CODE
SECTION 25355, ACCEPT DONATION AND AUTHORIZE A CERTIFICATE OF
APPRECIATION. (1001)
MOTION: I MOVE, PURSUANT TO GOVERNMENT CODE SECTION 25355, TO ACCEPT
THE DONATION AND AUTHORIZE A CERTIFICATE OF APPRECIATION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
01-281 Research and Business Park - Report to the Board - presentation
of a report on the process of implementing the Research and
Business Park General Plan designation - action requested -
PROVIDE BOARD DIRECTION TO STAFF CONCERNING THE DESIRED COURSE
OF ACTION, AND WHETHER STAFF SHOULD INITIATE COUNTY ACTION IN
SUPPORT OF A GENERAL PLAN AMENDMENT AND REZONE. (FROM 8-28-O1
[4.07] ) (1020) (**00)
MOTION: MOVE TO DIRECT STAFF TO INITIATE THE PROCESS OF A GENERAL PLAN
AND ZONING CHANGE ON THE RECOMMENDED FOUR SITES, AND SCHEDULE
A PUBLIC HEARING TO CHANGE THE SITE CRITERIA ON THE REMAINING
TWO SITES, AND THAT WE ACKNOWLEDGE THE PROCESS WILL REQUIRE THE
APPROPRIATE CEQA ANALYSIS TO PROPERLY ADVISE DECISION MAKERS AS
TO THE POTENTIAL ENVIRONMENTAL IMPACTS, SUCH THAT AN INFORMED
DECISION ON EACH OF THE CANDIDATE SITES CAN BE MADE. THAT THE
BOARD ESTABLISH A 9-MONTH TIME FRAME TO COMPLETE THE CEQA AND
EIR ANALYSIS AND THAT THE FINAL ACTION ON THE GENERAL PLAN AND
ZONING DESIGNATION BE 60 DAYS THEREAFTER. THAT THE BOARD
REQUIRE MONTHLY PROGRESS REPORTS FROM THE STAFF ON THE STATUS
AND SCHEDULE OF THE PROCESS AND THAT THE BOARD REQUEST THE
CONTINUED INVOLVEMENT OF THE BUTTE COUNTY ECONOMIC DEVELOPMENT
CORPORATION.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 396 September 11, 2001
September 11, 2001
O1-282 Presentation to the Board - State Fair Exhibit Gold Ribbon -
presentation of a Gold Ribbon, signifying a first place award
for Butte County's exhibit at the California State Fair -
action requested - ACCEPT AWARD.
THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION
OR ACTION. THIS ITEM WILL RETURN ON THE AGENDA OF
SEPTEMBER 25, 2001.
Public Hearincrs and Timed Items
O1-283 Continued Timed Item - Environmental Impact Report (EIR) -
Chico Urban Area Nitrate Compliance Plan - consideration of the
adoption of a proposed Final Environmental Impact Report for
the Chico Urban Area Nitrate Compliance Plan. Under the Chico
Urban Area Nitrate Compliance Plan nearly 7,800 units are
proposed to be converted from on-site septic systems to
conventional sewer. The project is located within the Chico
urban area, including areas north and south of Lindo Channel,
within the City of Chico, and the unincorporated area of Butte
County - action requested - ADOPT THE RESOLUTION CERTIFYING
THAT AN EIR FOR THE CHICO URBAN AREA NITRATE COMPLIANCE PLAN
WAS PREPARED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT, ADOPTING THE FINDINGS CONCERNING ENVIRONMENTAL
IMPACTS OF THE NITRATE COMPLIANCE PLAN, ADOPTING A STATEMENT OF
OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING
PROGRAM AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT STAFF TO
SUBMIT THE EIR DOCUMENTS TO THE STATE BOARD TO SUPPORT THE
COUNTY'S RELATED LOAN AND GRANT APPLICATIONS. (FROM 6-26-O1
[5.01] ) (**603)
HEARING RECONVENED: 10:56 A.M.
HEARING CLOSED: 11:03 A.M.
MOTION: I MOVE TO ADOPT RESOLUTION O1-098 CERTIFYING THAT AN EIR FOR
THE CHICO URBAN AREA NITRATE COMPLIANCE PLAN WAS PREPARED IN
COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
ADOPTING THE FINDINGS CONCERNING ENVIRONMENTAL IMPACTS OF THE
NITRATE COMPLIANCE PLAN, ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING PROGRAM
AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT STAFF TO SUBMIT THE
EIR DOCUMENTS TO THE STATE BOARD TO SUPPORT THE COUNTY'S
RELATED LOAN AND GRANT APPLICATIONS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 11:04 A.M.
RECONVENE: 11:17 A.M.
Page 397 September 11, 2001
September 11, 2001
Public Hearincr and Timed Items
O1-284 Public Hearing - Keith and Cheryl Anderson, and Greg and Linda
Anderson - General Plan Amendment and Rezone - consideration of
a general plan amendment from Orchard and Field Crops to
Commercial and a rezone from A-40 (Agriculture - 40 acre
parcels) to C-1 (Light Commercial). This is a project on which
notice of intent to adopt a negative declaration with
mitigation measures regarding environmental impacts has been
given. The area proposed for the general plan amendment and
rezone encompasses seven acres, although approximately five
acres of that area will remain in walnut orchards. The
applicants propose to construct a 3,000 square-foot building
where agricultural products produced in Butte County will be
sold. The agricultural products to be sold include both fresh
and packaged items, such as vegetables, fruits, nuts, rice and
grains. The building will also contain a deli where
sandwiches, snacks, and drinks will be sold. The sale of wine
is proposed. The applicants also propose to provide picnic
areas in the orchard area on the site. The proposed commercial
use will be open daily from approximately 8:00 a.m. to 9:00
p.m., throughout the year. Access to the site will be from a
new driveway off of B Street, approximately 220 feet west of
State Route 99. No direct access to State Route 99 is
proposed. To restrict the type of commercial use allowed on
the site to what is proposed by the applicants, and to prevent
any land divisions from occurring, conditions of the project
prohibit any commercial use other than what is proposed by the
applicant and prohibits any land divisions. The project
encompasses two existing parcels of record: APN 022-170-060
(0.83 acres) and a 6.16 acre portion of APN 022-170-066 (80.41
acres). The property is located on the northwest corner of
State Route 99 and B Street, east of Biggs (File No. GPA/RZ 01-
03 [SB]) - action requested - THE PLANNING COMMISSION
RECOMMENDS THE BOARD APPROVE THE GENERAL PLAN AMENDMENT AND
REZONE, AND TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF
REPORT DATED SEPTEMBER 11, 2001, ADOPT A MITIGATED
NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS;
Page 398 September 11, 2001
September 11, 2001
O1-284 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 753.5, AS MOST,
IF NOT ALL, OF THE NATIVE VEGETATION ON THE PROJECT SITE
HAS BEEN REMOVED DUE TO THE LONG-TERM USE OF THE SITE FOR
AGRICULTURAL PURPOSES. THE PROJECT SITE IS NOT KNOWN TO
CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE, SENSITIVE,
OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS,
POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT
OF FISH AND GAME OR THE UNITED STATES FISH AND WILDLIFE
SERVICE. THE PROJECT WILL NOT: HAVE A SUBSTANTIAL
ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A
SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED
WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER
ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY
NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES;
CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING
BIOLOGICAL RESOURCES; OR, CONFLICT WITH THE PROVISIONS OF
AN ADOPTED HABITAT CONSERVATION PLAN;
3. SUBJECT TO FINDINGS III(A-P) AS DETAILED IN THE STAFF
REPORT DATED SEPTEMBER 11, 2001, FIND THE PROPOSED
GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358
AND ADOPT A JOINT RESOLUTION AMENDING THE LAND USE
ELEMENT OF THE GENERAL PLAN FROM AN "ORCHARD AND FIELD
CROPS" DESIGNATION TO A "COMMERCIAL" GENERAL PLAN
DESIGNATION, AND ADOPT AN ORDINANCE REZONING FROM A-40
(AGRICULTURAL - 40 ACRE PARCELS) TO C-1 (LIGHT
COMMERCIAL) PROPERTY OWNED BY KEITH AND CHERYL ANDERSON
AND GREG AND LINDA ANDERSON, AND IDENTIFIED AS APN 022-
170-060 AND 066 (PORTION), SUBJECT TO THE CONDITIONAL
ZONING AGREEMENT ATTACHED TO THE ORDINANCE CONTAINED IN
THE STAFF REPORT DATED SEPTEMBER 11, 2001, AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 8-14-O1 [3.06]) (**934)
PUBLIC HEARING OPENED: 11:17 A.M.
PUBLIC HEARING CLOSED: 11:22 A.M.
BOARD ALSO ADDRESSES CONCURRENT AGENDA ITEM LISTED AS ITEM 4.07
ON THE REGULAR AGENDA. (**1050)
Page 399 September 11, 2001
September 11, 2001
O1-284 A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND A MOTION
OF INTENT ADOPTED (THIS ITEM TO BE HEARD SIMULTANEOUSLY, OR
FOLLOWING AGENDA ITEM 5.02) - Lee Colby - General Plan
Amendment and Rezone - consideration of a General Plan
Amendment from an "Agricultural Residential" General Plan
designation to a "Low Density Residential" General Plan
designation, and a rezone from SR-1 (Suburban Residential - 1
acre parcels) to R-1 (Residential). This is an item on which
a notice of intent to adopt a negative declaration with
mitigation measures regarding environmental impacts has been
given. The project is located within the Durham-Dayton-Nelson
Plan (D2 N) area, and located east of, and adjacent to Goodspeed
Street, at the intersection of Serviss Street and Goodspeed
Street, approximately .6 miles south of the intersection of
Durham-Dayton Highway and Goodspeed Street, in the Durham area,
and identified as APN 040-280-106 and 107. File No. GPA/RZ 00-
06 (DB) - action requested - STAFF RECOMMENDS THE BOARD TAKE
THE FOLLOWING ACTIONS:
1. APPROVE THE GENERAL PLAN AMENDMENT AND REZONE PROJECT;
2. SUBJECT TO FINDINGS II(1-5) AS DETAILED IN THE STAFF
REPORT DATED JUNE 26, 2001, ADOPT A MITIGATED NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS;
3. 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 THE UNITED STATES FISH AND WILDLIFE SERVICE. THE
PROJECT WILL NOT HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY
RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON
FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF
THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE
MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR
WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR
ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR, CONFLICT
WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION
PLAN;
Page 400 September 11, 2001
September 11, 2001
O1-284 4. SUBJECT TO FINDINGS IV (A-F) AND V(A-B) AS DETAILED IN THE
STAFF REPORT DATED JUNE 26, 2001, FIND THAT THE PROPOSED
GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358,
AND ADOPT A JOINT RESOLUTION AMENDING THE LAND USE
ELEMENT OF THE GENERAL PLAN FROM AN "AGRICULTURAL
RESIDENTIAL" GENERAL PLAN DESIGNATION TO A "LOW DENSITY
RESIDENTIAL" GENERAL PLAN DESIGNATION, AND AMENDING THE
DURHAM-DAYTON-NELSON PLAN MAP FROM AN "AGRICULTURAL
RESIDENTIAL" GENERAL PLAN DESIGNATION TO A "LOW DENSITY
RESIDENTIAL" GENERAL PLAN DESIGNATION; AND ADOPT AN
ORDINANCE REZONING PROPERTY OWNED BY LEE. B. COLBY, AND
IDENTIFIED AS APN 040-280-106 AND 107, FROM SR-1
(SUBURBAN RESIDENTIAL - 1 ACRE PARCELS) TO R-1
(RESIDENTIAL), SUBJECT TO THE CONDITIONAL ZONING
AGREEMENT ATTACHED TO THE ZONING ORDINANCE AS EXHIBIT "A"
OF THE STAFF REPORT DATED JUNE 26, 2001, AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 6-26-O1 [5.02]) (**1050)
MOTION: ACTIONS FOR ITEM 5.01 - I MOVE, SUBJECT TO FINDINGS I(A-E) AS
DETAILED IN THE STAFF REPORT DATED SEPTEMBER 11, 2001, TO ADOPT
A MITIGATED 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 753.5, AS MOST, IF NOT ALL, OF
THE NATIVE VEGETATION ON THE PROJECT SITE HAS BEEN REMOVED DUE
TO THE LONG-TERM USE OF THE SITE FOR AGRICULTURAL PURPOSES.
THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED
AS A CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL
OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE
CALIFORNIA DEPARTMENT OF FISH AND GAME OR THE UNITED STATES
FISH AND WILDLIFE SERVICE. THE PROJECT WILL NOT: HAVE A
SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A
SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS
DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE
SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR
MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL
POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR,
CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION
PLAN; AND, SUBJECT TO FINDINGS III(A-P) AS DETAILED IN THE
STAFF REPORT DATED SEPTEMBER 11, 2001, MOVE TO FIND THE
PROPOSED GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358, AND
ADOPT JOINT RESOLUTION O1-099 AMENDING THE LAND USE ELEMENT OF
THE GENERAL PLAN FROM AN "ORCHARD AND FIELD CROPS" DESIGNATION
TO A "COMMERCIAL" GENERAL PLAN DESIGNATION, AND ADOPT ORDINANCE
3767 REZONING FROM A-40 (AGRICULTURAL - 40 ACRE PARCELS) TO C-1
(LIGHT COMMERCIAL) PROPERTY OWNED BY KEITH AND CHERYL ANDERSON
AND GREG AND LINDA ANDERSON, AND IDENTIFIED AS APN 022-170-060
AND 066 (PORTION), SUBJECT TO THE CONDITIONAL ZONING AGREEMENT
ATTACHED TO THE ORDINANCE CONTAINED IN THE STAFF REPORT DATED
SEPTEMBER 11, 2001, AND AUTHORIZE THE CHAIR TO SIGN.
Page 401 September 11, 2001
September 11, 2001
O1-284 MOTION: ACTIONS FOR ITEM 4.07 - I MOVE TO APPROVE THE GENERAL
(Cont.) PLAN AMENDMENT AND REZONE PROJECT; SUBJECT TO FINDINGS
II (1-5) AS DETAILED IN THE STAFF REPORT DATED
JUNE 26, 2001, MOVE TO ADOPT A MITIGATED NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS; MOVE TO 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 THE UNITED STATES FISH AND
WILDLIFE SERVICE. THE PROJECT WILL NOT HAVE A
SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE
A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED
WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER
ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY
NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES;
CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING
BIOLOGICAL RESOURCES; OR, CONFLICT WITH THE PROVISIONS OF
AN ADOPTED HABITAT CONSERVATION PLAN; AND SUBJECT TO
FINDINGS IV (A-F) AND V(A-B) AS DETAILED IN THE STAFF
REPORT DATED JUNE 26, 2001, FIND THAT THE PROPOSED
GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN
ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358,
AND ADOPT JOINT RESOLUTION O1-099 AMENDING THE LAND USE
ELEMENT OF THE GENERAL PLAN FROM AN "AGRICULTURAL
RESIDENTIAL" GENERAL PLAN DESIGNATION TO A "LOW DENSITY
RESIDENTIAL" GENERAL PLAN DESIGNATION, AND AMENDING THE
DURHAM-DAYTON-NELSON PLAN MAP FROM AN "AGRICULTURAL
RESIDENTIAL" GENERAL PLAN DESIGNATION TO A "LOW DENSITY
RESIDENTIAL" GENERAL PLAN DESIGNATION; AND ADOPT
ORDINANCE 3768 REZONING PROPERTY OWNED BY LEE. B. COLBY,
AND IDENTIFIED AS APN 040-280-106 AND 107, FROM SR-1
(SUBURBAN RESIDENTIAL - 1 ACRE PARCELS) TO R-1
(RESIDENTIAL), SUBJECT TO THE CONDITIONAL ZONING
AGREEMENT ATTACHED TO THE ZONING ORDINANCE AS EXHIBIT "A"
OF THE STAFF REPORT DATED JUNE 26, 2001, AND AUTHORIZE
THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 402 September 11, 2001
September 11, 2001
O1-285 Public Hearing - Franchise Processing Cost Fees - consideration
of an ordinance adding Article XV entitled "Franchise
Processing Cost Fees", comprised of Section 3-140, entitled
"Franchise Processing Costs" to Chapter 3 of the Butte County
Code, to read as follows: Section 3-140. Franchise processing
costs. For new franchise awards, franchise transfers, and/or
franchise renewals, except for those franchise awards,
franchise transfers and/or franchise renewals wherein
negotiations commenced prior to September 11, 2001, costs to be
borne by the grantee, unless otherwise specified in the
grantee's franchise, shall include, but shall not be limited
to, all costs incurred for publication of any notice of a
public hearing on the franchise award, transfer, or renewal,
all costs incurred in the development and publication of
relevant ordinances or agreements, and any cost not covered by
the application fees but reasonably incurred by the county in
its study preparation of proposal solicitation documents, and
evaluation of applications, including, but not limited to,
consultants and attorney's fees and county staff time." -
action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO
SIGN. (**1250)
PUBLIC HEARING OPENED: 11:29 A.M.
PUBLIC HEARING CLOSED: 11:42 A.M.
MOTION: I MOVE TO ADOPT ORDINANCE 3769 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
O1-286 Timed Item - Recess to Closed Session - recess to closed
session items as listed in 7.00.
THIS ITEM REMOVED FROM THE AGENDA WITHOUT ACTION OR
CONSIDERATION. THIS ITEM WILL RETURN ON THE AGENDA OF
SEPTEMBER 25, 2001.
Page 403 September 11, 2001
September 11, 2001
Regular Agenda
O1-287 Resource Conservation District (RCD) - consideration of
recommendations of the Department of water and Resource
Conservation regarding the formation of the Butte County
Resource Conservation District - action requested:
A. DECLARE INTENT TO ADOPT THE FOLLOWING STAFF
RECOMMENDATIONS REGARDING THE FORMATION OF THE BUTTE
COUNTY RESOURCE CONSERVATION DISTRICT: 1) PROVIDE THAT
GENERAL LIABILITY INSURANCE SHALL BE PROVIDED FOR THE RCD
UNDER THE COUNTY'S INSURANCE UMBRELLA, AS PROVIDED FOR
ALL COMMISSIONS AND COMMITTEES APPOINTED BY THE BOARD OF
SUPERVISORS; 2) PROVIDE THAT FISCAL MANAGEMENT OF A
MAXIMUM OF $6,000 ANNUALLY, UP TO $30,000 TOTAL FOR
START-UP ACTIVITIES, BE PROVIDED THROUGH THE DEPARTMENT
OF WATER AND RESOURCE CONSERVATION BUDGET; 3) PROVIDE
THAT FUNDING FOR FISCAL MANAGEMENT OF FUTURE GRANT
FUNDING AND OTHER INDIRECT COSTS ASSOCIATED WITH SUCH
FUNDING BE INCLUDED IN ALL GRANT APPLICATIONS; AND 4)
PROVIDE THAT THE COUNTY PROVIDE FOR IN-KIND SERVICES FOR
THE FIRST FIVE YEARS AFTER THE FORMATION OF THE RCD
THROUGH THE DEPARTMENT OF WATER AND RESOURCE
CONSERVATION; AND
B. ADOPT THE PROPOSED RESOLUTION, SUPERCEDING RESOLUTION
NO. 01-040, WHICH ELIMINATES THE APPOINTMENT OF
"ASSOCIATE DIRECTORS" IN THE FORMATION OF A RESOURCE
CONSERVATION DISTRICT AND ALLOWS FOR FIVE DIRECTORS, ONE
FROM EACH SUPERVISORIAL DISTRICT, AND AUTHORIZE THE CHAIR
TO SIGN. (**1470)
MOTION: I MOVE TO DECLARE THE BOARD'S INTENT TO ADOPT THE FOLLOWING
STAFF RECOMMENDATIONS REGARDING THE FORMATION OF THE BUTTE
COUNTY RESOURCE CONSERVATION DISTRICT: 1) PROVIDE THAT GENERAL
LIABILITY INSURANCE SHALL BE PROVIDED FOR THE RCD UNDER THE
COUNTY'S INSURANCE UMBRELLA, AS PROVIDED FOR ALL COMMISSIONS
AND COMMITTEES APPOINTED BY THE BOARD OF SUPERVISORS; 2)
PROVIDE THAT FISCAL MANAGEMENT OF A MAXIMUM OF $6,000 ANNUALLY,
UP TO $30,000 TOTAL FOR START-UP ACTIVITIES, BE PROVIDED
THROUGH THE DEPARTMENT OF WATER AND RESOURCE CONSERVATION
BUDGET; 3) PROVIDE THAT FUNDING FOR FISCAL MANAGEMENT OF FUTURE
GRANT FUNDING AND OTHER INDIRECT COSTS ASSOCIATED WITH SUCH
FUNDING BE INCLUDED IN ALL GRANT APPLICATIONS; AND 4) PROVIDE
THAT THE COUNTY PROVIDE FOR IN-KIND SERVICES FOR THE FIRST FIVE
YEARS AFTER THE FORMATION OF THE RCD THROUGH THE DEPARTMENT OF
WATER AND RESOURCE CONSERVATION; AND FURTHER MOVE TO ADOPT
RESOLUTION O1-100 SUPERCEDING RESOLUTION NO. 01-040, WHICH
ELIMINATES THE APPOINTMENT OF "ASSOCIATE DIRECTORS" IN THE
FORMATION OF A RESOURCE CONSERVATION DISTRICT AND ALLOWS FOR
FIVE DIRECTORS, ONE FROM EACH SUPERVISORIAL DISTRICT, AND
AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 404 September 11, 2001
September 11, 2001
01-288 Board Discussion - discussion on the effects of electricity
rates on California businesses, and consideration of
recommendations contained in a letter from Thomas Pevehouse,
Utilities Manager for Economic Development, Riverside Public
Utilities - action requested - BOARD DISCUSSION AND DIRECTION.
THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD DISCUSSION OR
ACTION. THIS ITEM WILL RETURN TO THE AGENDA OF
SEPTEMBER 25, 2001.
O1-289 Mentally Ill Offender Crime Reduction Grant:
A. Board approval is requested by the Sheriff-Coroner, the
Butte County Department of Behavioral Health, the
Probation Department, and the District Attorney, to
accept funding in the amount of $2,877,498 from the
California Board of Corrections under the Mentally Ill
Offender Crime Reduction Act for a research program. The
term of the grant is July 1, 2001, through June 30, 2004.
The program will provide an enhanced service continuum
for 75 mentally ill and/or dually diagnosed offenders for
the purpose of reducing recidivism and crime. The total
grant amount is 2,877,498, and Board approval is
requested to appropriate $960,960 into the Sheriff's
budget for fiscal year 2001-2002. Board approval is also
requested to: 1) approve a transfer of $152,592 in Short-
Doyle Medi-Cal FFP funds to Behavioral Health; 2) approve
the purchase of four vehicles for the program with an
average cost of $20,000 each; and, 3) increase the
Utilities ISF account by $6,000. Staff will also be
added in support of this program - action requested -
APPROVE BUDGET TRANSFER B-045 (4/5 vote required)
ACCEPTING AND APPROPRIATING $960,960 INTO THE SHERIFF'S
BUDGET, AND ACCEPTING AND APPROPRIATING $152,592 INTO THE
BEHAVIORAL HEALTH BUDGET; APPROVE FIXED ASSET PURCHASE OF
FOUR VEHICLES WITH AN APPROXIMATE COST OF $20,000 EACH;
AND APPROVE AN INCREASE IN THE UTILITIES ISF ACCOUNT OF
$6,000.
Page 405 September 11, 2001
September 11, 2001
O1-289 B. Introduction of a Salary Ordinance Amendment - the
Department of Human Resources has prepared a salary
ordinance amendment which adds staff in support of the
Mentally Ill Offender Crime Reduction project as follows:
District Attorney - adds one half-time flexibly staffed
position of Deputy District Attorney IV/III/II/I;
Sheriff-Coroner-Corrections - adds two positions of
Deputy Sheriff, and one position of Administrative
Services Assistant; Probation - adds two flexibly staffed
positions of Probation Officer III/II/I; and Behavioral
Health - adds one position of Supervisor-Mental Health
Clinician, two flexibly staffed positions of Mental
Health Clinician II/I, three and one-half flexibly
staffed positions of Senior Mental Health
Counselor/Mental Health Counselor/Mental Health worker,
one flexibly staffed position of Medical Records
Technician II/I, one flexibly staffed position of
Accounting Specialist/Senior Account Clerk/Account Clerk,
and one flexibly staffed position of Office Assistant
III/II/I. All positions have a sunset date of
June 30, 2004 - action requested - WAIVE READING OF THE
ORDINANCE. (**1859)
MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-045 (4 /5 vote required)
ACCEPTING AND APPROPRIATING $960,960 INTO THE SHERIFF'S BUDGET,
AND ACCEPTING AND APPROPRIATING $152,592 INTO THE BEHAVIORAL
HEALTH BUDGET; APPROVE FIXED ASSET PURCHASE OF FOUR VEHICLES
WITH AN APPROXIMATE COST OF $20,000 EACH; APPROVE AN INCREASE
IN THE UTILITIES ISF ACCOUNT OF $6,000; AND TO WAIVE READING OF
THE ORDINANCE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
BOARD DIRECTION THAT A DISCUSSION REGARDING THE ADDITION HALF-
TIME DISTRICT ATTORNEY POSITION BE PLACED ON THE AGENDA OF
OCTOBER 9, 2001.
O1-290 Items removed from the Consent Agenda for Board consideration
and action. (***3325)
1. Resolution in Honor of John S. Blacklock upon his
retirement from the County of Butte - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION O1-101 AND AUTHORIZE THE CHAIR TO
SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
O1-291 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.) (***377) (NONE)
Page 406 September 11, 2001
September 11, 2001
O1-292 CLOSED SESSION: THE BOARD RECESSED AT 12:31 P.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING SIGNIFICANT EXPOSURE TO LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION
54956.9(b)(1) ONE POTENTIAL CASE; CONFERENCE
WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8: PROPERTY:
APN 039-430-124-000; AGENCY NEGOTIATOR: MIKE
CRUMP; NEGOTIATING PARTIES: COUNTY OF BUTTE,
CLAY AND FAYE MCGOWAN; UNDER NEGOTIATION:
PRICE AND TERMS OF PAYMENT; AND CONFERENCE
WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8: PROPERTY:
3514 HICKS LANE, CHICO (APN 007-240-
078);AGENCY NEGOTIATOR: BRUCE ALPERT;
NEGOTIATING PARTIES: COUNTY OF BUTTE AND LAURA
PAISLEY; UNDER NEGOTIATION: PRICE AND TERMS
OF PAYMENT; AND CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) JONES V.
COUNTY OF BUTTE (CONSENT DECREE). (***391)
RECONVENE: THE BOARD RECONVENED AT 1:20 P.M. FROM A
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING SIGNIFICANT EXPOSURE TO LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION
54956.9(b)(1) ONE POTENTIAL CASE; CONFERENCE
WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8: PROPERTY:
APN 039-430-124-000; AGENCY NEGOTIATOR: MIKE
CRUMP; NEGOTIATING PARTIES: COUNTY OF BUTTE,
CLAY AND FAYE MCGOWAN; UNDER NEGOTIATION:
PRICE AND TERMS OF PAYMENT; AND CONFERENCE
WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8: PROPERTY:
3514 HICKS LANE, CHICO (APN 007-240-078);
AGENCY NEGOTIATOR: BRUCE ALPERT; NEGOTIATING
PARTIES: COUNTY OF BUTTE AND LAURA PAISLEY;
AND CONFERENCE UNDER NEGOTIATION: PRICE AND
TERMS OF PAYMENT; AND CONFERENCE WITH LEGAL
COUNSEL REGARDING ACTUAL LITIGATION PURSUANT
TO GOVERNMENT CODE SECTION 54956.9(a) JONES
V. COUNTY OF BUTTE (CONSENT DECREE). (***452)
(NO ANNOUNCEMENTS)
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE
BOARD, THE MEETING WAS ADJOURNED AT 1:20 P.M.,
TO RECONVENE AT A SPECIAL MEETING OF THE BOARD
TO BE HELD WEDNESDAY, SEPTEMBER 12, 2001, AT
8:30 A.M.
CURT JOSIASSEN, CHAIR
Page 407 September 11, 2001
September 11, 2001
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Board of Supervisors
By.
Page 408 September 11, 2001