HomeMy WebLinkAboutM121101BOARD 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
December 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: Lawrence Odle, Interim 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 - Michael Coulter, Assistant Pastor, New Hope
Missionary Baptist Church, Oroville.
Consent Acrenda
01-390 1. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-150 (PROBATION); B-152 (SOUTHSIDE OROVILLE
COMMUNITY CENTER [4/5 vote required]); AND B-144
(EMERGENCY SERVICES/APPROPRIATION FOR CONTINGENCIES [4 /5
vote required]).
2. Library Donations - pursuant to Government Code Section
25355, donations of $2,100 from the Chico Friends of the
Library, $2,000 from an anonymous donor, $1,000 from
Paradise Friends of the Library, $1,000 from Joan Regan
and Loy Braley of Paradise, and $100 from Tammy Behar of
Chico, have been received for the Butte County Trust Fund
for the purchase of books - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
Page 520 December 11, 2001
December 11, 2001
O1-390 3. In-Home Supportive Services Advisory Committee -
Committee Vacancy Direction - on July 24, 2001, the Board
adopted by-laws for the In-Home Supportive Services
(IHSS) Advisory Committee and directed the Department of
Employment and Social Services to solicit members for
appointments to the committee, and to submit
recommendations to the Board. Subsequent vacancies on
the committee have necessitated the need to have a policy
in place for solicitation of members for vacancies. The
Department of Employment and Social Services has prepared
an agenda item which delegates the responsibility of
soliciting members for the IHSS Advisory Committee to the
Department of Employment and Social Services - action
requested - DELEGATE THE RESPONSIBILITY FOR THE
SOLICITATION OF MEMBERS FOR THE IHSS ADVISORY COMMITTEE,
ANY TIME VACANCIES OCCUR, TO THE DEPARTMENT OF EMPLOYMENT
AND SOCIAL SERVICES, AND FURTHER DIRECT THE DEPARTMENT
SUBMIT RECOMMENDATIONS TO THE BOARD FOR FINAL
APPOINTMENT.
4. Land Conservation Act Inclusions - on October 10, 2001,
and November 16, 2001, the Land Conservation Act Advisory
Committee met and unanimously voted to recommend the
Board approve the following Land Conservation Act
applications: 1) Edward J. Mathews, et al. (APNs 028-
020-004, 005, 045, 047, 036, 038, and 039), 262.52 acres,
hunting and wetlands contract, 80 acre minimum parcels;
2) Dorothy A. Merme (APNs 041-140-010, 052, 069 and 041-
250-021), 273.93 acres, grazing contract, 160 acre
minimum parcels; 3) James R. and Deborah K. Filter, et
al. (APNs 029-060-049 and 051), 443.60 acres, rice lands
contract, 80 acre minimum parcels; 4) Randall L. Krehe,
et al. (APN 021-220-010), 312.37 acres, rice lands
contract, 80 acre minimum parcels; 5) Piara S. Gosal et
al. (APNs 024-190-050 and 039-600-002), 278 acres,
orchards contract, 20 acre minimum parcels; 6) Phillip
and Lou Ella Hayes (APNs 025-080-024, 025, and 025-120-
013, 014, 017, and 026), 181.54 acres, orchards contract,
20 acre minimum parcels; 7) Gardensherr, Inc., (Lindberg)
(APNs 029-170-051 and 052), 140.43 acres, field crops
contract, 80 acre minimum parcels; 8) Walter and Patricia
Rothe (APNs 029-030-004 and 029-040-025), 304.35 acres,
field crops contract, 80 acre minimum parcels; and 9) Ord
Bend Farms, Inc. (APN 038-100-008), 206 acres, orchards
contract, 20 acre minimum parcels. Board approval is
also requested for a resolution which would rescind an
existing Land Conservation Act agreement with Robert and
Joanne Kidd and simultaneously enter into a new Land
Conservation Act agreement for 120 acres (APN 039-150-
062), orchards contract, 20 acre minimum parcels - action
requested - APPROVE AGREEMENTS; ADOPT RESOLUTION O1-140
AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT RECORDING OF
THE AGREEMENTS.
Page 521 December 11, 2001
December 11, 2001
O1-390 5. Award of Bid No. 15-02 - Renovation of 42 County
Center Drive - bids have been received for the
renovation of 42 County Center Drive to accommodate the
relocation of the Probation Department. The overall low
bidder is Bollo Construction, Inc., in the amount of
$649,000 (department budget). A budget transfer (B-150)
has been prepared by the Probation Department to provide
the necessary funding for the project - action
requested - AWARD BID.
6. Department of Child Support Services - Fixed Asset
Allocation - Board approval is requested by the
Department of Child Support Services to cancel the fixed
asset purchase of an imaging system approved in the
department's fiscal year 2001-2002 final budget, and to
approve the utilization of the funds for alternative
computer upgrades. The department's final budget
allocation included the fixed asset purchase of an
imaging system in the amount of $103,000. The department
will not be able to implement that system this fiscal
year, and Board approval is requested to allow the
department to use the funds for alternative computer
upgrades. The department proposes to purchase 10
additional computer workstations, in the amount of $3,000
per workstation, which will be configured to receive
ISAWS information. Additionally, the department would
like to utilize the remaining $73, 000 to replace 60 older
computers with machines that will meet the technological
requirements of the KIDZ Joint Powers Authority. Should
the Board approve the purchase, an Administrative Budget
Transfer will be made to provide funding for the non-
fixed asset item purchases - action requested - APPROVE
CANCELLATION OF PREVIOUSLY APPROVED FIXED ASSET PURCHASE
IN THE AMOUNT OF $103,000; APPROVE THE FIXED ASSET
PURCHASE OF 10 ISAWS COMPUTER SYSTEMS IN THE AMOUNT OF
$30,000; AND APPROVE USE OF REMAINING FIXED ASSET
ALLOCATION FOR ALTERNATIVE COMPUTER PURCHASES.
7. Emergency Services/Sheriff's Office - Explosive Ordinance
Magazine Purchase - Board approval is requested by the
General Services Director and the Sheriff-Coroner for the
fixed asset purchase of an explosive ordinance magazine
in the amount of $7,571. The Governor's Office of
Emergency Services has awarded emergency management
performance terrorism grants totaling $13,020, and Board
approval is requested to accept the unanticipated revenue
and to appropriate $7,571 to the Sheriff's Office to fund
the ordinance magazine purchase. The remaining funds
will be appropriated to the Emergency Services budget for
future equipment purchases - action requested - APPROVE
BUDGET TRANSFER B-145 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED GRANT REVENUE; AND APPROVE
FIXED ASSET PURCHASE OF EXPLOSIVE ORDINANCE MAGAZINE.
Page 522 December 11, 2001
December 11, 2001
01-390 8. Relief of Accountability - Public Health Department -
Board approval is requested by the Public Health
Department for relief of accountability for two computers
(asset nos. 23631 and 23625) surplused as non-inventory
items, and relief of accountability for a wrecked 1991
Ford Escort (asset no. 22664) which was transferred to
Allstate Insurance Company pursuant to the insurance
agreement. The District Attorney and Auditor-Controller
have reviewed the request - action requested - GRANT
RELIEF OF ACCOUNTABILITY FOR FIXED ASSET ITEMS.
9. Fire Truck Lease Purchase - pursuant to Board approval of
November 13, 2001, the Treasurer-Tax Collector has
received bids for the financing to purchase five fire
trucks approved in the fiscal year 2001-2002 budget. The
Treasurer-Tax Collector recommends the Board award the
contract to First Municipal Leasing Corp. - action
requested - APPROVE AWARDING LEASE PURCHASE CONTRACT TO
FIRST MUNICIPAL LEASING CORP., NOT LATER THAN
JANUARY 11, 2002, CONTINGENT UPON THE RECEIPT OF
SUCCESSFUL BIDS FOR THE PURCHASE OF THE FIRE TRUCKS.
10. Introduction of an Ordinance - the Department of water
and Resource Conservation has prepared an ordinance which
would add Section 7-7.1 to the Butte County Code to
prohibit the possession of glass beverage containers on,
or in the waters of Butte Creek, as well as the adjacent
bank of the waterway - action requested - WAIVE READING
OF THE ORDINANCE.
11. Introduction of a Salary Ordinance Amendment - the
Probation Department has requested the Department of
Human Resources prepare a salary ordinance amendment
which converts the following term positions (terms to end
June 30, 2001) supporting the Family Bridges Program from
"term" positions to regular help positions with "sunset
dates" of June 30, 2001: one position of Supervising
Probation Officer, two flexibly staffed positions of
Probation Officer III/II/I, two positions of Probation
Technician, one flexibly staffed position of Auditor-
Accountant II/I, and one flexibly staffed position of
Office Assistant III/II/I. Converting the term positions
to sunset positions will give the department greater
flexibility in staffing choices - action requested -
WAIVE READING OF THE ORDINANCE.
Page 523 December 11, 2001
December 11, 2001
O1-390 12. Introduction of a Salary Ordinance Amendment - the
Sheriff's Office has requested the Department of Human
Resources prepare a salary ordinance amendment which
increases the flat rate compensation for waterways
Enforcement Specialist from $12.00 per hour to $15.11 per
hour, retroactive to July 1, 2001. The position
compensation has not been adjusted since the position's
creation in fiscal year 1992-1993. The positions are
funded with California Department of water Resources
funds, and the current contract with the California
Department of water Resources authorizes the positions to
be paid at the rate of $15.11 per hour - action
requested - WAIVE READING OF THE ORDINANCE.
13. Resolution Authorizing Paid Leave of Absence for Regular
County Employees Ordered to Military Duty as a Result of
the War on Terrorism - the Department of Human Resources
has prepared a resolution which would allow a paid leave
of absence for regular Butte County employees ordered to
military duty as a result of the war on terrorism. The
resolution is based on Military and Veterans Code Section
395.01 and Butte County Personnel Rules Section 12.4(8),
and has been reviewed and agreed upon by all bargaining
units, County Counsel and the Auditor-Controller. The
resolution's term shall extend from date of adoption
through and including September 30, 2002 - action
requested - ADOPT RESOLUTION O1-141 AND AUTHORIZE THE
CHAIR TO SIGN.
14. Resolution Proclaiming December 9-15, 2001, as Youth
Appreciation week in Butte County - action requested -
ADOPT RESOLUTION O1-142 AND AUTHORIZE THE CHAIR TO SIGN.
15. Tri-County Economic Development Corporation - Amendment -
Board approval is requested by the Administrative
Office for an amendment to the agreement with Tri-County
Economic Development Corporation for project management
services for the Southside Oroville Community Center.
The term of the State grant for the project has been
extended to September 30, 2002, and the proposed
amendment extends the term of the agreement with Tri-
County Economic Development Corporation through that
term, with a maximum amount payable for the extended term
not to exceed $35,420 (grant funding) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X10864)
Page 524 December 11, 2001
December 11, 2001
O1-390 16. California Department of Alcohol and Drug
Programs - Amendment - Board approval is requested by the
Butte County Department of Behavioral Health for an
amendment to the revenue agreement with the California
Department of Alcohol and Drug Programs for funding for
County drug and alcohol programs. The amendment reduces
the maximum amount payable to the County by $184,211 as
a result of final fiscal year 2000-2001 allocation
information. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND
ADOPT RESOLUTION O1-143 AUTHORIZING THE CHAIR TO SIGN.
(Contract No. R40074)
17. 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
the Touchstone Perinatal Program. The term of the
agreement is July 1, 2001, through June 30, 2002, with a
maximum amount payable of $513,564 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Contract No. X13312)
18. 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 Medi-Cal youth clients and
their families 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
$753,988 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
19. Community Living Centers-JOBS Plus - Board approval is
requested by the Butte County Department of Behavioral
Health for an agreement with Community Living Centers-
JOBS Plus for the provision of vocational training
services to Oroville clients. The term of the agreement
is July 1, 2001, through June 30, 2002, with a maximum
amount payable of $59,674 (department budget/Supportive
Housing Grant) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
Page 525 December 11, 2001
December 11, 2001
O1-390 20. Environmental Science Associates - Board approval is
requested by the Development Services Department for an
agreement with Environmental Science Associates for the
provision of a General Plan Consistency Study for the
2000 Airport Land Use Compatibility Plan. The goal of
the study is to determine the best course of action to
amend the General Plan, zoning ordinances and subdivision
regulations to bring them into conformance with the
Airport Land Use Compatibility Plan. The term of the
agreement is for six months, with a maximum amount
payable of $48,235 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
21. Governor's Office of Emergency Services - Domestic
Preparedness Equipment Grant - Board approval is
requested by Emergency Services and the Fire Department
to approve a grant agreement with the Governor's Office
of Emergency Services for $46,426 in funds to purchase
terrorism response equipment. The project period is from
March 24, 2000, through March 23, 2003. The funds will
be used to purchase breathing apparatus and chemical
resistance suits and Board approval is requested for a
budget transfer that would appropriate the funds to the
Fire Department's Ancillary Services budget unit - action
requested - APPROVE AWARD AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-154 (4 /5
vote required). (Contract No. R40375)
22. Cabs 4 Kids - Amendment - Board approval is requested by
the Department of Employment and Social Services for an
amendment to the agreement with Cabs 4 Kids for the
provision of transportation services to children of
CalWORKs participants. The amendment increases the
maximum amount payable by $30,000 (department budget) in
response to 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. X12035)
23. Sacramento Service and Development Corporation -
Amendment - Board approval is requested by the Department
of Employment and Social Services for an amendment to the
agreement with Sacramento Service and Development
Corporation for the issuance of food stamp coupons. The
amendment extends the term of the agreement through
December 31, 2002, and amends the fee schedule from a per
transaction method to a flat rate per month method. The
maximum amount payable remains $330,000 (department
budget) for the contract term - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X11469)
Page 526 December 11, 2001
December 11, 2001
01-390 24. Private Industry Council - Board approval is requested by
the Department of Employment and Social Services for the
provision of employment services activities for CalwORKs
participants. The term of the agreement is
October 1, 2001, through June 30, 2002, with a maximum
amount payable of $964,846 (department budget). Board
approval is also requested to encumber the funds as
detailed in the agenda item - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER;
AND DIRECT THE AUDITOR TO ENCUMBER THE FUNDS AS DETAILED
IN THE AGENDA ITEM.
25. Enloe Medical Center - County Service Area No. 37
Services - Board approval is requested by the Public
Health Department for an agreement with Enloe Medical
Center for the provision of emergency ambulance services
for the residents of County Service Area No. 37.
Requests For Proposals to provide the ambulance service
were distributed and the selection committee recommends
the agreement with Enloe Medical Center. The term of the
agreement is January 1, 2002, through December 31, 2006,
with a maximum amount payable of $60,000 per year (CSA
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
26. 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 administrative services related to Medi-Cal
Administrative Activities and Targeted Case Management
(MAA/TCM) Programs. The Public Health Department is the
host entity for the MAA/TCM Consortium, and the proposed
agreement is a requirement of the host entity to
establish technical support, assistance in claims
processing and program monitoring services for
participating local government agencies. The term of the
agreement is July 1, 2001, through June 30, 2002, with a
maximum amount payable of $473,311 (MAA/TCM Trust Fund) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
Page 527 December 11, 2001
December 11, 2001
01-390 27. State of California-Office of Statewide Health Planning
and Development - Board approval is requested for a grant
award agreement with the State of California-Office of
Statewide Health Planning and Development for $50,000 in
funds under the Rural Health Development Capital Grants
Program. Board approval is requested to accept and
appropriate the funds as detailed in the agenda item, and
to approve the use of $2,800 in grant funds to purchase
a fixed-asset filing system - action requested - APPROVE
GRANT AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC
HEALTH TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-151
(4 /5 vote required) ACCEPTING AND APPROPRIATING THE
UNANTICIPATED REVENUE.
28. Coroners Removal and Storage Fees - Amendment - Board
approval is requested by the Sheriff's Office for an
amendment to the agreement with various County mortuaries
for mortuary and autopsy services. The amendment
provides for an increase in fees to provide competitive
rates for the contractors. New rates for services will
be as follows: removal - $80.00; storage - $10.00 per 24
hours up to 72 hours, then $25.00 per 24 hours;
preparation of coroner's report - $15.00; and autopsy
fees - $75.00. The agreement is not expected to exceed
$25,000 per year (department budget) - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN.
29. Butte-Glenn Community College District - Request for
Consolidation - the Butte-Glenn Community College
District submits Resolution No. 539 calling for an
election pursuant to Proposition 39 and Education Code
Section 15348(b) regarding the issuance of general
obligation bonds. The district is requesting the
question be consolidated with the March 5, 2002, primary
election - action requested - APPROVE CONSOLIDATION.
30. Paradise Unified School District - Request for
Consolidation - the Paradise Unified School District
submits Resolution No. 01/02-11 calling for an election
pursuant to Education Code Section 5300 et seq.,
regarding continuation of an assessed valuation tax to
pay for school facilities. The district is requesting
the question be consolidated with the March 5, 2002,
primary election - action requested - APPROVE
CONSOLIDATION.
Page 528 December 11, 2001
December 11, 2001
O1-390
MOTION
VOTE:
31. UNUM-Provident Short Term Disability Coverage - on
March 27, 2001, the Board approved the conversion of the
County's short term disability insurance carrier from
UNUM-Provident to California State Disability Insurance.
At the time of approval it was believed that the County
would be required to continue coverage with UNUM-
Provident for 12 months to ensure coverage would continue
uninterrupted. Subsequent information has determined
that the County has sufficient coverage with California
State Disability Insurance to allow discontinuation of
UNUM-Provident coverage retroactive to December 2, 2001.
Board approval is requested by the Human Resources
Department for side letter agreements with the Butte
County Employees Association, the Butte County Management
Employees Association, the Butte County Social Services
workers Unit, the Butte County Professional Employees
Unit, and the Butte County Correctional Officers
Association (General and Management and Supervisory
Units) to cancel UNUM-Provident short term disability
insurance effective December 2, 2001, and implement
California State Disability Insurance effective
November 1, 2001 - action requested - APPROVE SIDE LETTER
AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN.
32. Volunteer Firefighter Accident and Illness Insurance
Policy - the Board approved the Fire Department's request
to purchase accident and illness insurance for volunteer
fire fighters in the fiscal year 2001-2002 final budget.
Board approval is requested for a policy with a term of
September 28, 2001, through September 28, 2004, with a
maximum amount payable of $16,691 per year (department
budget) - action requested - APPROVE POLICY FOR TERM
SPECIFIED AND AUTHORIZE THE CHAIR TO SIGN SCHEDULE OF
COVERAGES. (Contract No. X13334) (164)
I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED.
S M
l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular A ecr nda
O1-391
CHAIR JOSIASSEN PRESENTS A RESOLUTION PROCLAIMING YOUTH
APPRECIATION WEEK IN BUTTE COUNTY TO SCOTT LAWRENCE, OROVILLE
OPTIMISTS CLUB, AND STUDENT REPRESENTATIVES FROM AROUND THE
COUNTY . ( 211)
Appointments - Boards, Commissions, and Committees. (313)
1. Appointments to listed vacancies
(NONE)
Page 529 December 11, 2001
December 11, 2001
O1-392 Update on legislative and budget activities. (322) LAWRENCE
ODLE, INTERIM CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD
THAT THE LOS ANGELES COUNTY SHERIFF'S ASSOCIATION IS PROPOSING
TO PLACE AN INITIATIVE ON THE NOVEMBER 2002 BALLOT THAT WILL
INCREASE THE SALES TAX BY 1/4 PERCENT. THAT REVENUE WILL BE
DEDICATED TO PUBLIC SAFETY. THE MAINTENANCE OF EFFORT
REQUIREMENTS IN THE BILL IS OF CONCERN TO SOME RURAL COUNTIES,
AND THE CALIFORNIA STATE ASSOCIATION OF COUNTIES, AND THE
ADMINISTRATIVE OFFICE WILL BE MONITORING THE DEVELOPMENT OF
THAT INITIATIVE. STARLYN BROWN, ASSISTANT CHIEF ADMINISTRATIVE
OFFICER, PRESENTS THE BOARD WITH A COMMUNITY SERVICE AWARD
PLAQUE GIVEN TO THE COUNTY BY THE TRI-COUNTY ECONOMIC
DEVELOPMENT CORPORATION FOR SUPPORT OF THE SOUTH SIDE OROVILLE
COMMUNITY CENTER.
O1-393 Resolution Requesting the Sacramento River Conservation Area
Board Remove from the Conservation Area Boundaries All Lands
Outside the Sacramento River Levees, or Outside the Inner River
Zone - consideration of a request from Ray Dalton, Paradise
Town Councilman, to adopt a resolution requesting the
Sacramento River Conservation Area Board consider excluding
certain lands from their boundaries - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (601)(**00)
MOTION: I MOVE TO ADOPT RESOLUTION O1-144 AND AUTHORIZE THE CHAIR TO
SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS
RECONVENE
10:36 A.M.
10:44 A.M.
Regular Agenda
O1-394 Nuisance Abatement-Code Enforcement Programs - consideration of
draft documents to implement a nuisance abatement program -
action requested - ACCEPT STAFF REPORT; DIRECT STAFF TO
INITIATE DISCUSSION WITH CITIES REGARDING VEHICLE ABATEMENT
PROGRAM; DIRECT STAFF TO RETURN TO THE BOARD WITH AN
IMPLEMENTING ORDINANCE; AND DIRECT STAFF TO RETURN TO THE BOARD
WITH AN IMPLEMENTING RESOLUTION. (**189)
MOTION: I MOVE TO ACCEPT STAFF REPORT; DIRECT STAFF TO INITIATE
DISCUSSION WITH CITIES REGARDING VEHICLE ABATEMENT PROGRAM;
DIRECT STAFF TO RETURN TO THE BOARD WITH AN IMPLEMENTING
ORDINANCE; AND DIRECT STAFF TO RETURN TO THE BOARD WITH AN
IMPLEMENTING RESOLUTION.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 530 December 11, 2001
December 11, 2001
Public Hearincrs and Timed Items
01-395 Public Hearing - Neal Road Landfill Expansion - Draft
Environmental Impact Report - consideration of environmental
determination for the expansion of the existing County landfill
on Neal Road in central Butte County, T21E, R2E, Sections 14
and 15, Hamlin Canyon 7.5' USGS topographical map. The
proposed project site is located on Neal Road, approximately
one mile east of its intersection with State Highway 99,
approximately seven miles southeast of the City of Chico, and
nine miles southwest of the Town of Paradise. The project
involves the horizontal expansion of the active disposal area
from its current 66 acres to 140 acres at full build-out. The
expansion would occur to the southwest of the current active
disposal area, on property owned by the County. The project
would also involve a vertical expansion of the landfill site
from its current maximum elevation of 495 feet to approximately
500 feet. The expansion would be implemented in accordance
with a landfill sequence plan, which would result in the staged
construction of a series of modules that would be used for
waste disposal operations. A total of eight additional modules
are proposed, each of which would provide 2 to 12 years of
solid waste disposal capacity. The portions of the project
site that would be used for the horizontal expansion of the
landfill would be provided with a low-permeability liner system
that would contain leachate produced within the landfill. To
remove the leachate, a leachate collection and removal system,
including a collection pond, would be provided as part of the
liner system. A landfill gas extraction and collection system
would be installed to control emissions of gases produced by
organic wastes disposed at the landfill. A Supernatant
Overland Flow Treatment System would be used to provide
additional septage supernatant disposal capacity. The project
would require the relocation of an existing leachate pond and
two septage ponds. A Draft Environmental Impact Report has
been prepared for the project, within which several potentially
significant environmental impacts have been identified and
mitigation measures proposed - action requested - ACCEPT PUBLIC
COMMENT ON THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE NEAL
ROAD LANDFILL EXPANSION PROJECT. (**1018)
PUBLIC HEARING OPENED: 11:12 A.M.
PUBLIC HEARING CLOSED: 11:39 A.M.
RECESS: 11:40 A.M.
RECONVENE: 11:48 A.M.
Page 531 December 11, 2001
December 11, 2001
Public Hearincr and Timed Items
O1-396 Continued Public Hearing - Mining Permit, Reclamation Plan -
Scott D. Stephens - consideration of an appeal of the Planning
Commission's approval of a Mining Permit and Reclamation Plan,
in accordance with the Surface Mining and Reclamation Act, to
operate a surface aggregate quarry for the extraction of basalt
(this is a project on which notice of intent to adopt a
negative declaration with mitigation measures regarding
environmental impacts has been given). The mine will encompass
5 acres within a 326(+/-) acre property. The applicant
proposes to utilize a sidehill method of excavation which will
leave a graded area and a cut-bank with a 35-degree slope. A
rock crusher, rock screen, and settling pond are also proposed.
Mining operations will take place over ten years. The mined
basalt will be crushed into road base material and hauled off-
site. Maximum anticipated mine depth is 70 feet. All topsoil
shall be conserved for later use in reclamation. The mine will
be reclaimed at the conclusion of operations for use as a
grazing area, which will also support native annual vegetation
and local wildlife. Access to the site is provided by Canyon
Shadows Road, a private road. The property is zoned "U"
(Unclassified) and located approximately 1.5 miles north of the
intersection of Canyon Shadows Road and Humboldt Road, in the
Little Chico Creek Canyon, T22N, R2E, Section 11, MDB&M, and
identified as APN 063-290-056 and 063-290-057 (DB [MIN 99-
02]) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. DENY THE APPEAL, AND SUBJECT TO FINDINGS I(A-E) AS
DETAILED IN THE STAFF REPORT DATED DECEMBER 11, 2001,
ADOPT A MITIGATED NEGATIVE DECLARATION;
2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS
WILL CAUSE ENVIRONMENTAL DAMAGE TO FISH AND WILDLIFE OR
THEIR HABITAT, AS MINING WITHIN THE EAST TEHAMA DEER HERD
CRITICAL WINTER RANGE WILL TEMPORARILY REMOVE UP TO 5
ACRES OF RANGE USE, AND DIRECT THE COLLECTION OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14
CCR 753.5; AND
3. SUBJECT TO FINDINGS III(Al-8) AS DETAILED IN THE STAFF
REPORT DATED DECEMBER 11, 2001, APPROVE MINING PERMIT 99-
02, SUBJECT TO THE CONDITIONS OF APPROVAL AS DETAILED IN
THE STAFF REPORT DATED DECEMBER 11, 2001, AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 12-19-00 [5.04])
(**2155) (***00)
PUBLIC HEARING RECONVENED: 11:49 A.M.
PUBLIC HEARING CLOSED: 1:02 P.M.
Page 532 December 11, 2001
December 11, 2001
O1-396 MOTION: I MOVE TO DENY THE APPEAL, AND SUBJECT TO FINDINGS
I(A-E) AS DETAILED IN THE STAFF REPORT DATED
DECEMBER 11, 2001, ADOPT A MITIGATED NEGATIVE
DECLARATION; FIND THAT THE DESIGN OF THE PROPOSED
PROJECT IMPROVEMENTS WILL CAUSE ENVIRONMENTAL DAMAGE
TO FISH AND WILDLIFE OR THEIR HABITAT, AS MINING
WITHIN THE EAST TEHAMA DEER HERD CRITICAL WINTER
RANGE WILL TEMPORARILY REMOVE UP TO 5 ACRES OF RANGE
USE, AND DIRECT THE COLLECTION OF FEES PURSUANT TO
FISH AND GAME CODE SECTION 711.4 (d) (3) AND 14 CCR
753.5; AND SUBJECT TO FINDINGS III(Al-8) AS DETAILED
IN THE STAFF REPORT DATED DECEMBER 11, 2001, APPROVE
MINING PERMIT 99-02, SUBJECT TO THE CONDITIONS OF
APPROVAL AS DETAILED IN THE STAFF REPORT DATED
DECEMBER 11, 2001, AS AMENDED, AMENDING CONDITION
9 (C) TO RESTRICT THE HOURS OF OPERATIONS ON
SATURDAY OR SUNDAY TO MAINTENANCE OPERATIONS ONLY;
INCLUDE A CONDITION REQUIRING A FOLLOW-UP NOISE
STUDY BE CONDUCTED AFTER THE MINING OPERATION HAS
BEEN ESTABLISHED TO MONITOR NOISE LEVELS TO ENSURE
MAINTENANCE OF LEVELS TO THE AMBIENT NOISE LEVELS OF
THE NOISE STUDY; AMEND CONDITION 9 (D) TO RESTRICT
THE USE OF EXPLOSIVES DURING THE FALL AND WINTER
PERIODS OF THE YEAR, UNLESS A QUALIFIED SURVEY IS
CONDUCTED WHICH CONCLUDES THAT SALMON ARE NOT
PRESENT IN LITTLE CHICO CREEK; INCLUDE AN ADDITIONAL
CONDITION REQUIRING THE APPLICANT ENTER INTO AN
AGREEMENT INDEMNIFYING THE COUNTY FROM LIABILITY OR
LOSS RELATED TO THE APPROVAL OF THIS PROJECT, AND
INCLUDE THE REQUIREMENT THAT THE EXISTING CALIFORNIA
DEPARTMENT OF FORESTRY (CDF) SIGN LOCATED EAST OF
THE INTERSECTION OF STATE ROUTE 32 BE REPLACED AT A
LOCATION AGREEABLE TO CDF AND CALTRANS, AND
AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
RECESS
RECONVENE
1:08 P.M.
1:19 P.M.
O1-397 CLOSED SESSION: THE BOARD RECESSED AT 1:21 P.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) BUTTE
COUNTY BOARD OF SUPERVISORS V. CANDACE GRUBBS
ET AL. (***1840)
Page 533 December 11, 2001
December 11, 2001
O1-397 RECONVENE: THE BOARD RECONVENED AT 2:06 P.M. FROM A
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) BUTTE
COUNTY BOARD OF SUPERVISORS VS. CANDACE GRUBBS
ET AL. (***2059)
CLOSED SESSION
ANNOUNCEMENT: THE BOARD ANNOUNCED THAT THE BALLOT LANGUAGE
FOR THE REFERENDUM MEASURE WILL BE AS FOLLOWS,
"SHALL ORDINANCE NO. 3759 ESTABLISHING NEW
BOUNDARIES FOR SUPERVISORIAL DISTRICTS IN
BUTTE COUNTY BE ADOPTED?". THIS WORDING
RESOLVES ANY DISPUTE OVER THIS ISSUE.
Public Hearincr and Timed Items
01-398 Continued Public Hearing - Paradise Rod and Gun Club - Use
Permit - consideration of an appeal of the Planning
Commission's approval of a Conditional Use Permit to develop a
private outdoor shooting range for pistol, rifle, and shotgun
shooting on a 40 acre parcel zoned "U" (Unclassified) and S-H
(Scenic Highway) and designated Grazing and Open Land by the
Butte County General Plan (this is a project on which notice of
intent to adopt a mitigated negative declaration regarding
environmental impacts has been given). The rifle and pistol
range will provide 10 shooting positions each, and the trap
range will provide 5 shooting positions. Targets will be
provided at 25, 50, 75, 100, 150, and 200 meters. A trap house
will be developed for the trap range. The rifle range will be
developed with shooting platforms that restrict shooting
activity to the target area. Target areas will be improved
with bunkers to intercept fired rounds. All improvements at
the range will be developed in accordance with the National
Rifle Association's standards and recommendations. All
shooting activity will be controlled by a range safety officer.
Typical activities at the range will include trap, rifle and
pistol shooting, junior training clinics, California State
hunter safety clinics, "zeroing" day, and law enforcement
officer practice, training and certification (proposed for 1
day per month). Daily hours are proposed to be from the
earlier of 8:00 p.m., or one hour before sunset. The range
will not be open to the general public. The shooting range
facility will also include an archery range, dry cast fly
fishing area, picnic area, 15 parking stalls, and portable
restrooms. Access will be provided by an existing private
driveway which connects the property to the Skyway. The
property is located approximately 2.8 miles southwest of the
Town of Paradise and southeast of and adjacent to the Skyway,
approximately 2.2 miles northeast of Rocky Bluffs Drive,
northeast of and adjacent to the Tuscan Ridge Golf Course
development, and identified as APN 040-520-097 (File No. APL
O1-14 [DB]) - action requested - STAFF RECOMMENDS THE BOARD
TAKE THE FOLLOWING ACTIONS:
Page 534 December 11, 2001
December 11, 2001
O1-398 1. DENY APPEAL O1-11, AND SUBJECT TO FINDINGS I(A-E) AS
DETAILED IN THE STAFF REPORT DATED DECEMBER 11, 2001,
ADOPT A MITIGATED NEGATIVE DECLARATION;
2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS
WILL CAUSE ENVIRONMENTAL DAMAGE TO FISH AND WILDLIFE OR
THEIR HABITAT, AND REQUIRE THE COLLECTION OF FEES
PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14
CCR 753.5; AND
3. SUBJECT TO FINDINGS III(A-C) AS DETAILED IN THE STAFF
REPORT DATED DECEMBER 11, 2001, APPROVE USE PERMIT O1-14,
SUBJECT TO THE CONDITIONS OF APPROVAL AS DETAILED IN THE
STAFF REPORT DATED DECEMBER 11, 2001, AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 09-25-O1 [5.03]) (***1883)(*****00)
PUBLIC HEARING RECONVENED: 2:08 P.M.
PUBLIC HEARING CLOSED: 4:10 P.M.
MOTION: I MOVE TO DENY APPEAL O1-11, AND SUBJECT TO FINDINGS I(A-E) AS
DETAILED IN THE STAFF REPORT DATED DECEMBER 11, 2001, ADOPT A
MITIGATED NEGATIVE DECLARATION; FIND THAT THE DESIGN OF THE
PROPOSED PROJECT IMPROVEMENTS WILL CAUSE ENVIRONMENTAL DAMAGE
TO FISH AND WILDLIFE OR THEIR HABITAT, AND REQUIRE THE
COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4(d)(3) AND 14 CCR 753.5; AND SUBJECT TO FINDINGS III(A-C)
AS DETAILED IN THE STAFF REPORT DATED DECEMBER 11, 2001,
APPROVE USE PERMIT O1-14, SUBJECT TO THE CONDITIONS OF APPROVAL
AS DETAILED IN THE STAFF REPORT DATED DECEMBER 11, 2001, AND
AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
RECESS: 4:11 P.M.
RECONVENE: 4:19 P.M.
Regular Agenda
01-399 Request to Reduce Agricultural Setback on Boeger Project - the
Boeger Annexation Project is entering its public review stage
for environmental impacts. The applicant is requesting the
Board address issues regarding the agricultural setbacks on the
project - action requested - MAKE DETERMINATION(S) REGARDING
APPLICANT'S REQUESTS, AND IF NECESSARY, PROVIDE STAFF DIRECTION
FOR IMPLEMENTING DETERMINATION(S). (****3480)
THE APPLICANT REQUESTED THIS ITEM BE REMOVED FROM THE AGENDA
WITHOUT BOARD CONSIDERATION OR ACTION.
Page 535 December 11, 2001
December 11, 2001
O1-400 Consideration of Use of Community Development Block Grant
(CDBG) Reuse Funds as a Match for an Economic Development
Administration (EDA) Revolving Loan Fund - Board approval is
requested by the Tri-County Economic Development Corporation to
direct that $65,000 in existing CDBG Reuse Funds be used to
match a request by the Economic Development Administration for
additional capital for an existing EDA Revolving Loan Fund -
action requested - AUTHORIZE THE USE OF $65,000 IN REUSE FUNDS.
(****3522)(*****00)
MOTION: I MOVE TO AUTHORIZE THE USE OF $65,000 IN REUSE FUNDS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
O1-401 Public Defender Consortium:
1. Coleen Jarvis - Board approval is requested by the
Administrative Office for an agreement with Coleen Jarvis
for the provision of legal services. The Board approved
the addition of a half-time attorney to the Public
Defender Consortium in the fiscal year 2001-2002 final
budget. One present Public Defender Consortium attorney
agreed to reduce his time and compensation from 1000 to
500. These two actions resulted in budget authorization
to add one full-time attorney. The Consortium has
selected Coleen Jarvis for that position. The term of
the agreement is October 1, 2001, through June 30, 2003,
with a maximum amount payable of $120,977.76 per year
(department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (FROM
11-20-O1 [3.15]);
2. Braddon Hatch - Amendment - Board approval is requested
by the Administrative Office for an amendment to the
agreement with Braddon Hatch for the provision of legal
services. Consistent with the procedures provided in the
Public Defender Consortium agreements for caseload
assignment, the Consortium decided to reduce the time and
associated compensation for Braddon Hatch from 1000 to
500. The proposed amendment provides for the reduction of
service - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
THESE ITEMS REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION
OR ACTION. THE ITEMS ARE SCHEDULED TO RETURN ON THE AGENDA OF
DECEMBER 18, 2001. (181)
O1-402 Items removed from the Consent Agenda for Board consideration
and action. (NONE)
Page 536 December 11, 2001
December 11, 2001
O1-403 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.) (*****120)
1. ENID COX ADDRESSED THE BOARD REGARDING THE HARD FINANCIAL
TIMES FOR THE COUNTY AND STATED THAT SHE DOES NOT BELIEVE
THE COUNTY SHOULD WASTE TAXPAYER MONEY ON OUTSIDE COUNSEL
AND FRIVOLOUS LAWSUITS.
2. DORIS SMITH ADDRESSED THE BOARD REGARDING THE USE OF
TAXPAYER MONEY FOR OUTSIDE COUNSEL.
O1-404 CLOSED SESSION: THE BOARD RECESSED AT 4:31 P.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) REQUEST TO
JOIN AMICUS CURIAE IN THE CASE OF BONANNO VS.
CENTRAL CONTRA COSTA TRANSIT AUTHORITY;
CONFERENCE WITH LEGAL COUNSEL REGARDING
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)(1) ONE
POTENTIAL CASE; AND PUBLIC EMPLOYEE
EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957: DIRECTOR-
DEVELOPMENT SERVICES. (*****294)
RECONVENED: THE BOARD RECONVENED AT 5:17 P.M. FROM A
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) REQUEST TO
JOIN AMICUS CURIAE IN THE CASE OF BONANNO VS.
CENTRAL CONTRA COSTA TRANSIT AUTHORITY;
CONFERENCE WITH LEGAL COUNSEL REGARDING
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)(1) ONE
POTENTIAL CASE; AND PUBLIC EMPLOYEE
EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957: DIRECTOR-
DEVELOPMENT SERVICES. (*****345) (NO
ANNOUNCEMENTS)
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE
BOARD, THE MEETING WAS ADJOURNED AT 5:17 P.M.
TO RECONVENE AT A REGULAR MEETING OF THE BOARD
TO BE HELD TUESDAY, DECEMBER 18, 2001, AT
9:00 A.M.
CURT JOSIASSEN, CHAIR
ATTEST
Lawrence Odle, Interim Chief Administrative Officer
and Clerk of the Board of Supervisors
By.
Page 537 December 11, 2001