HomeMy WebLinkAboutM121801BOARD OF SUPERVISORS
MINUTES
December 18, 2001
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
KIM YAMAGUCHI, 5th District
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
Dorothy Bell, Deputy Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of
America.
Invocation - Pastor Ed Redfern - Church of the Nazarene,
Oroville.
01-407 Items removed from the Consent Agenda for Board consideration
and action. (105)
1. Total Quality Management Policy - as part of the County's
continuous improvement program, the Chief Administrative
Officer submits a draft policy submitted to departments
regarding Total Quality Management - action requested -
ACCEPT FOR INFORMATION.
Consent Acrenda
01-408
1. Approval of Minutes - action requested - APPROVE MINUTES
OF OCTOBER 23, 2001; OCTOBER 29, 2001; NOVEMBER 13, 2001;
AND NOVEMBER 15, 2001.
2. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-166 (BEHAVIORAL HEALTH) AND B-163
(LIBRARY/FACILITIES SERVICES [4/5 vote required]).
3. Butte County Department of Behavioral Health - Dumpster
Donation - pursuant to Government Code Section 25355, a
donation of the use of a 20-yard bin dumpster for seven
days, valued at $184, was donated by NorCal waste
Systems, Inc., to the Butte County Department of
Behavioral Health for use by a client - action
requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF
APPRECIATION.
Page 540 December 18, 2001
December 18, 2001
O1-408 4. Probation Department - Computer Projector - Board
approval is requested by the Probation Department for
the fixed asset purchase of a computer projector in the
amount of $3,500 for use in the Serious Habitual Offender
Grant Program. The Office of Criminal Justice Planning
has approved the expenditure. Board approval is also
requested for a budget transfer of grant funds to the
appropriate budget unit to provide for the purchase -
action requested - APPROVE FIXED ASSET PURCHASE OF
COMPUTER PROJECTOR IN THE AMOUNT OF $3,500; AND APPROVE
BUDGET TRANSFER B-165 (4 /5 vote required).
5. Fire Department - Board approval is requested by the Fire
Department to purchase a utility vehicle in the amount of
$25,000. The Fire Department's budget for fiscal year
2001-2002 included funds for the purchase of a fire
truck. The department realized $25,000 in savings from
the purchase and would like to utilize those funds to
purchase a utility vehicle - action requested - APPROVE
FIXED ASSET PURCHASE OF A UTILITY VEHICLE IN THE AMOUNT
OF $25,000.
6. Local Agency Improvement Fees - the Auditor-Controller
submits the Combined Report of Impact Fees or Local
Agency Improvement Fees for Fiscal Year 2000-2001.
Pursuant to Government Code Section 66006, this item will
return to the agenda on January 8, 2002, for final review
and action, and notice is hereby given that the
information is on file and available for public
inspection in the Administrative Office, 25 County Center
Drive, Oroville, Monday through Friday, 8:00 a.m. to
5:00 p.m. - action requested - ACCEPT FOR INFORMATION
AND AS PUBLIC NOTICE; AND DIRECT THIS ITEM TO RETURN TO
THE AGENDA OF JANUARY 8, 2002, FOR FINAL REVIEW AND
ACTION.
7. Reissue Time Expired Check - Board approval is
requested by the Administrative Office, on behalf of
Gordon Dise, to reissue time expired
check no. 1221068380, in the amount of $18.47, dated
June 23, 1999. The Auditor-Controller has verified that
the check is time expired and has not been reissued. The
original check is in the possession of the County -
action requested - DIRECT AUDITOR-CONTROLLER TO REISSUE
TIME EXPIRED CHECK.
Page 541 December 18, 2001
December 18, 2001
O1-408 8. Sheriff's Office - Boating and waterways Grant - Current
Fiscal Year Appropriation - Board approval is requested
by the Sheriff-Coroner to transfer $30,000 from the
Appropriation for Contingencies to the Sheriff's Office
to provide the required County match for the Department
of Boating and waterways grant to patrol Lake Oroville.
Initially the Sheriff's Office intended to utilize
aviation support as part of the required match; however,
aviation support is not an expense allowed by the grant,
so the transfer of funds is necessary to provide the
required match - action requested - APPROVE TRANSFER OF
$30,000 FROM THE APPROPRIATION FOR CONTINGENCIES (4 /5
vote required) TO THE SHERIFF'S OFFICE SERVICES BUDGET
UNIT; AND DIRECT THE AUDITOR-CONTROLLER TO PREPARE BUDGET
TRANSFER (B-188).
9. Adoption 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 - ADOPT ORDINANCE
3791 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-11-O1
[3.10] )
10. Adoption 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, 2002) supporting the Family Bridges Program from
"term" positions to regular help positions with "sunset
dates" of June 30, 2002: 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 -
ADOPT ORDINANCE 3792 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 12-11-O1 [3.11])
Page 542 December 18, 2001
December 18, 2001
O1-408 11. Adoption 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 - ADOPT ORDINANCE
3793 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-11-O1
[3.12] )
12. Introduction of a Salary Ordinance Amendment - the Public
Health Department has requested the Department of Human
Resources prepare a salary ordinance amendment which adds
one flexibly staffed position of Public Health Laboratory
Technician/Public Health Laboratory Aide in response to
an increased workload in clinic activities - action
requested - WAIVE READING OF THE ORDINANCE.
13. Introduction of a Salary Ordinance Amendment - the Public
Health Department has requested the Department of Human
Resources prepare a salary ordinance amendment which
deletes one position of Director of Public Health
Laboratory, and adds one flexibly staffed position of
Director of Public Health Laboratory/Public Health
Microbiologist. The department has had difficulties in
recruiting for the position. Flexibly staffing the
position is being proposed to give the department greater
flexibility in filling the position - action requested -
WAIVE READING OF THE ORDINANCE.
14. Introduction of a Salary Ordinance Amendment - the
Administrative Office, County Counsel, and the Sheriff-
Coroner have requested the Department of Human Resources
prepare a salary ordinance amendment which adds eight
positions of Correctional Officer and two positions of
Correctional Technician to the Corrections Division
budget. The additional positions will increase jail
staffing to the recommended levels, thereby eventually
reducing the amount of overtime expenses in the future.
Board approval is also requested for a budget transfer of
$70,463 from the Appropriation for Contingencies to the
Sheriff's budget to provide funding for the current
year's cost - action requested - WAIVE READING OF THE
ORDINANCE; AND DIRECT THE AUDITOR-CONTROLLER TO PREPARE
BUDGET TRANSFER FROM APPROPRIATION FOR CONTINGENCIES (4 /5
vote required).
Page 543 December 18, 2001
December 18, 2001
O1-408 15. 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 compensation rate for the position
classification of Supervisor-Food Services by 3.610 as a
result of a compensation study - action requested - WAIVE
READING OF THE ORDINANCE.
16. Resolution in Appreciation of Jack Cross upon His
Retirement from the County of Butte - action requested -
ADOPT RESOLUTION O1-146 AND AUTHORIZE THE CHAIR TO SIGN.
17. Resolution in Appreciation of Cecil Foote upon His
Retirement from the County of Butte - action requested -
ADOPT RESOLUTION O1-147 AND AUTHORIZE THE CHAIR TO SIGN.
18. Resolution in Appreciation of Tony w. Mattos upon His
Retirement from the County of Butte - action requested -
ADOPT RESOLUTION O1-148 AND AUTHORIZE THE CHAIR TO SIGN.
19. Resolution in Appreciation of Michael M. Schurr upon His
Retirement from the County of Butte - action requested -
ADOPT RESOLUTION O1-149 AND AUTHORIZE THE CHAIR TO SIGN.
20. Resolution to Allocate Sufficient Funds and Resources to
Support Incorporation of the Butte County Fire Safe
Council - Board approval is requested by the Fire
Department for a resolution which would support the
incorporation of the Butte County Fire Safe Council and
allocate sufficient resources and funds (estimated at
$500/department budget) to accomplish that goal - action
requested - ADOPT RESOLUTION O1-150 AND AUTHORIZE THE
CHAIR TO SIGN.
21. Resolution to Develop Enforcement Codes and Ordinances
for Consideration and Application in Butte County - Board
approval is requested by the Fire Department for a
resolution which would direct the Butte County Department
of Development Services and the Butte County Fire
Department to jointly develop codes, ordinances and
enforcement measures that would decrease the exposure of
lives and property from the threat of wild fires - action
requested - ADOPT RESOLUTION O1-151 AND AUTHORIZE THE
CHAIR TO SIGN.
22. Reconstruction of Humboldt Road from Dead Horse Slough to
El Monte Avenue; County Project No. 55281-2000-1 -
Contract Change Order (CCO) No. 2 - CCO No. 2, in the net
decreasing amount of $10 provides for the final balancing
of changes to the contract quantities through project
completion - action requested - APPROVE CCO NO. 2 AND
AUTHORIZE THE CHAIR TO SIGN.
Page 544 December 18, 2001
December 18, 2001
O1-408 23. Reconstruction of Humboldt Road from Dead Horse Slough to
El Monte Avenue; County Project No. 55281-2000-1 - Notice
of Completion - the project consisted of 0 .23 miles of
roadway reconstruction from Dead Horse Slough to El Monte
Avenue, and 0.59 miles of asphalt concrete overlays along
nearby roads. All contract work has been completed in
accordance with plans and specifications - action
requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO
SIGN THE NOTICE OF COMPLETION; AND DIRECT RECORDING OF
THE NOTICE OF COMPLETION.
24. Pacific Municipal Consultants - Interim Director-
Development Services Agreement - Amendment - Board
approval is requested by the Administrative Office for an
amendment to the agreement with Pacific Municipal
Consultants for the employment of Tom Buford as the
Interim Director-Development Services. The amendment
extends the term of the agreement through
January 31, 2001, and increases the maximum amount
payable by $15,000 - action requested - APPROVE AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
25. North Valley Schools, Inc - Board approval is requested
by the Butte County Department of Behavioral Health for
an agreement with North Valley Schools, Inc., for the
provision of rehabilitation, clinical, counseling,
social, recreational, educational, and case management
services to referred adults. The term of the agreement
is July 1, 2001, through June 30, 2002, with a maximum
amount payable of $553,124 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER
26. North Valley Schools, Inc. - Board approval is requested
by the Butte County Department of Behavioral Health for
an agreement with North Valley Schools, Inc., for the
provision of therapeutic behavioral services to children
who receive Medi-Cal benefits, and 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 $25,000 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
Page 545 December 18, 2001
December 18, 2001
27. State of 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 grant award agreement for funds for
Butte County drug and alcohol programs. The amendment
provides for an increased award amount to the County of
$8,023 to be used for increased residential services to
participants. All other terms and provisions remain the
same. Board approval is also requested for a budget
transfer to accept and appropriate the unanticipated
revenue - action requested - ADOPT RESOLUTION O1-152
APPROVING GRANT AWARD AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN; AND APPROVE BUDGET TRANSFER B-162 (4 /5 vote
required) ACCEPTING AND APPRORIATING THE UNANTICIPATED
REVENUE.
28. Substance Abuse and Mental Health Services Administration
(SAMHSA) Grant Program - Board approval is requested by
the Butte County Department of Behavioral Health to apply
to the State of California for SAMHSA funding for fiscal
year 2001-2002. SAMHSA Block Grant funds are used for
integrated services for emotionally disturbed adults and
children. The term of the grant agreement is
July 1, 2001, through June 30, 2002, with a maximum
amount payable to the County of $233,870 - action
requested - APPROVE GRANT AGREEMENT; AND ADOPT RESOLUTION
AUTHORIZING THE COUNTY TO ACCEPT FUNDS AND PARTICIPATE IN
GRANT PROGRAM AND AUTHORIZE THE CHAIR TO SIGN.
29. Charles Carey - Board approval is requested by the
Department of Child Support Services for a lease
agreement with Charles Carey for the property located at
1997 Bird Street, Oroville. The property will be
utilized by the department for additional staff and
storage space. The term of the agreement is
January 1, 2002, through November 30, 2002, with a
monthly lease rate of $1,200, and in-fill cost not to
exceed $29,450 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13335)
30. Butte Meadows Hillsliders Snowmobile Club - Amendment -
Board approval is requested by the General Services
Director for an amendment to the agreement with the Butte
Meadows Hillsliders Snowmobile Club for the provision of
services in support of the Off-Highway Vehicle Recreation
Grant from the California Department of Parks and
Recreation. The amendment extends the term of the
agreement through June 30, 2002, and provides for a
maximum amount payable of $35,000 (grant funds). All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X11024)
Page 546 December 18, 2001
December 18, 2001
01-408 31. Pacific Gas and Electric - Amendment - Board approval is
requested by the Public works Department for an amendment
to the agreement with Pacific Gas and Electric for the
relocation of a 60KV pole line at Centerville Road and
Butte Creek. The amendment increases the maximum amount
payable by $29,058 (department budget) as a result of the
final actual costs incurred to relocate the pole line -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11613)
32. Epic Solutions/Printak - Amendment - Board approval is
requested by the Sheriff's Office for an amendment to the
agreement with Printak for the lease and maintenance of
the electronic inmate identification card system. The
amendment provides for the name change of the company
from Epic Solutions to Printak, and extends the term of
the agreement through March 2003, with a maximum amount
payable of $20,102 per year for software support and
$7,251 per year for hardware support (department budget).
Board approval is also requested for a budget transfer of
$765 from the Inmate welfare Fund to provide the
remaining necessary funding for the remainder of the
fiscal year - action requested - APPROVE BUDGET TRANSFER
B-164 (4 /5 vote required); AND APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
33. State of California-Department of Boating and waterways -
Grant Application Fiscal Year 2002-2003 - Board approval
is requested by the Sheriff's Office to apply to the
State of California-Department of Boating and waterways
for a grant in the amount of $152,515 for fiscal year
2002-2003, with a County match requirement of $35,554.
The grant funds would provide continued funding of water
enforcement programs, and Board approval is requested for
a resolution supporting the grant program - action
requested - APPROVE GRANT APPLICATION; ADOPT RESOLUTION
O1-154 IN SUPPORT OF THE GRANT AND AUTHORIZE THE CHAIR TO
SIGN; AUTHORIZE THE SHERIFF-CORONER TO SIGN GRANT
DOCUMENTS; AND AUTHORIZE KEN JONES, BUTTE COUNTY
ASSISTANT AUDITOR-CONTROLLER TO COMPLETE THE
DOCUMENTATION OF ESTIMATED BOAT TAX REVENUES FOR
SUBMISSION WITH THE GRANT.
Page 547 December 18, 2001
December 18, 2001
34. Direct Deposit Program for Public Assistance Payments -
Board approval is requested by the Department of
Employment and Social Services to implement a direct
deposit program for public assistance recipients within
the County. The program is a result of Senate Bill 962,
which mandates that counties offering direct deposit
services to employees must offer direct deposit services
to public assistance recipients. The department has been
working with the Auditor-Controller and Treasurer-Tax
Collector to make the necessary changes to the assistance
issuance system to implement the program. The program is
scheduled to begin February 2002 - action requested -
ADOPT RESOLUTION O1-155 APPROVING THE IMPLEMENTATION OF
A DIRECT DEPOSIT PROGRAM FOR PUBLIC ASSISTANCE RECIPIENTS
AND AUTHORIZE THE CHAIR TO SIGN.
35. December 24, 2001 - Holiday - President Bush has signed
an Executive Order declaring December 24, 2001, a federal
holiday. Pursuant to Personnel Rules, Section
12.5 (a) (12) , the Director of Human Resources has prepared
an agenda item requesting the Board designate
December 24, 2001, as an observed Butte County holiday,
and that all Butte County offices be closed. Provisions
outlined in the Personnel Rules that apply to employees
who work on designated County holidays apply. This
action is requested to apply to this year only, and is
not to be construed as a precedent for any future year -
action requested - DESIGNATE MONDAY, DECEMBER 24, 2001,
AS A DAY THAT EMPLOYEES SHALL BE EXCUSED FROM DUTY
CONSISTENT WITH THE COUNTY'S POLICY REGARDING PAID
HOLIDAYS.
36. Advance Step Hire - the District Attorney has requested
the Department of Human Resources prepare an agenda item
requesting the Board approve 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. (111)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.10 AMENDED TO
CORRECT THE DATES THE POSITIONS SUNSET FROM JUNE 30, 2001 TO
JUNE 30, 2002, AND THE REMOVAL OF ITEM 3.36.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular A ecr nda
CHAIR JOSIASSEN PRESENTS RESOLUTIONS OF APPRECIATION TO JACK
CROSS, CECIL FOOTE, TONY W. MATTOS, AND MICHAEL M. SCHURR.
Page 548 December 18, 2001
December 18, 2001
O1-409 Items removed from the Consent Agenda for Board consideration
and action. (480)
1. Total Quality Management Policy - as part of the County's
continuous improvement program, the Chief Administrative
Officer submits a draft policy submitted to departments
regarding Total Quality Management - action requested -
ACCEPT FOR INFORMATION.
PRESENTATION TO THE BOARD BY LAWRENCE ODLE, INTERIM CHIEF
ADMINISTRATIVE OFFICER, AND BARBARA MAXEY, BUTTE COMMUNITY
COLLEGE OFFICE OF CONTRACT EDUCATION.
MOTION: I MOVE TO ACCEPT FOR INFORMATION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
O1-410 Appointments - Boards, Commissions, and Committees. (892)
1. Appointments to listed vacancies. (NONE)
2. Butte County water Commission - consideration of a letter
of interest for the Landowner-District water vacancy on
the Butte County water Commission - action requested -
CONSIDER APPOINTMENT TO VACATED TERM TO END
MARCH 1, 2005.
THE BOARD CONTINUED CONSIDERATION OF THIS APPOINTMENT TO
JANUARY 8, 2002.
01-411 Update on legislative and budget activities. (948)
1. 2002 Legislative Platform - presentation of 2002 Butte
County Legislative Platform - action requested - ADOPT
PLATFORM.
PRESENTATION TO THE BOARD BY STARLYN BROWN, ASSISTANT CHIEF
ADMINISTRATIVE OFFICER, AND DALE WAGERMAN, WAGERMAN AND
ASSOCIATES.
MOTION: I MOVE TO ADD ASSEMBLY BILLS 1050 AND 1051 TO THE LEGISLATIVE
PLATFORM.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO ADOPT THE LEGISLATIVE PLATFORM, AS FURTHER AMENDED TO
INCLUDE THE ISSUES OF THE ECONOMIC DEVELOPMENT OF LAKE OROVILLE
AND THE AGRICULTURAL CENTER.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
BOARD DIRECTION THAT MR. WAGERMAN DRAFT PLATFORM LANGUAGE FOR
BOARD CONSIDERATION REGARDING THE ISSUES OF VETERANS' SERVICES
AND THE SAFETY INITIATIVE PROPOSING A 1/4 CENT SALES TAX.
Page 549 December 18, 2001
December 18, 2001
O1-412 Library Long Range Planning Committee - Report to the Board -
presentation of the Library Long Range Planning Committee's
recommendations - action requested - ACCEPT REPORT FOR
INFORMATION; AND DIRECT THE CHIEF ADMINISTRATIVE OFFICE AND THE
DIRECTOR-LIBRARIES TO DEVELOP RECOMMENDATION FOR BOARD
CONSIDERATION REGARDING THE FORMATION OF A LIBRARY ADVISORY
BOARD. (1742)
PRESENTATION TO THE BOARD BY NANCY BROWER, DIRECTOR-LIBRARIES,
AND FRED DAVIS, LIBRARY LONG RANGE PLANNING COMMITTEE.
MOTION: I MOVE TO THANK THE ADVISORY BOARD AND THAT THE BOARD SEND A
FORMAL THANK YOU LETTER TO MR. DAVID CONRAD. I FURTHER MOVE TO
ACCEPT THE REPORT AND DIRECT THE ADMINISTRATIVE OFFICE AND THE
DIRECTOR OF LIBRARIES TO COME FORWARD WITH RECOMMENDATIONS TO
IMPLEMENT THE PLAN WE HEARD THIS MORNING.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Public Hearincr and Timed Items
O1-413 Continued Public Hearing - John and Sharon Byrne - Tentative
Parcel Map - consideration of an appeal of the Development
Review Committee's denial of a Tentative Parcel Map proposing
four l+/- acre parcels and a 5.35+/- acre remainder from an
existing 9.41+/- acre parcel (this is a project on which notice
of intent to adopt a negative declaration with mitigation
measures regarding environmental impacts has been given).
water supply will be provided by the California water Company
or domestic wells. Sewer will be provided by individual septic
systems. Access to the parcels will be provided by Rocking H
Circle and an additional easement connecting onto Eaton Road.
The property is zoned SR (Suburban Residential) and is located
at the southwest corner of Eaton Road and Godman Avenue in the
Chico area, and identified as APN 007-260-081 and 082 (File No.
TSM O1-03 [DB]) - action requested - STAFF RECOMMENDS THE BOARD
TAKE ONE OF THE FOLLOWING TWO ACTIONS:
1. DENY THE APPEAL, AND DENY THE TENTATIVE PARCEL MAP FOR
JOHN BYRNE (TSM O1-03); OR
2. CONTINUE THE APPEAL OPEN TO A FUTURE DATE AND INSTRUCT
STAFF TO REPUBLISH A HEARING NOTICE WHEN OVERRIDE
FINDINGS CAN BE PROVIDED FOR BOARD CONSIDERATION. (FROM
11-13-O1 [5.01]) (3560) (**00)
PUBLIC HEARING RECONVENED AT 10:38 A.M., AND CONTINUED OPEN TO
JANUARY 29, 2002, AT 10:30 A.M.
RECESS: 10:40 A.M.
RECONVENE: 10:51 A.M.
Page 550 December 18, 2001
December 18, 2001
Regular Agenda
O1-414 Butte County Business Retention and Expansion Study - Interim
Report - report to the Board on the progress of the County's
Business Outreach Program and the Butte County Business
Retention and Expansion Study - action requested - ACCEPT FOR
INFORMATION; AND DIRECT STAFF TO PROCEED AS APPROPRIATE.
(**463)
PRESENTATION TO THE BOARD BY ERIC MILLER, MANAGER-PROGRAM
RESOURCE AND DEVELOPMENT, AND JENNIFER MCCARTHY, TRI-COUNTY
ECONOMIC DEVELOPMENT CORPORATION.
Public Hearings and Timed Items
O1-415 Public Hearing - Margaret F. Porter - Appeal of the Development
Services Director's determination dated October 26, 2001, to
require a Use Permit pursuant to Butte County Zoning Ordinance
Section 24-35.20 for the expansion of a nonconforming use. The
property is zoned A-R (Agricultural Residential) and is located
on the north side of 18th Street and 20th Street, at 1882
Tehama Avenue, Thermalito, and identified as APN 030-462-021 -
action requested - STAFF RECOMMENDS THE BOARD TAKE ONE OF THE
FOLLOWING TWO ACTIONS:
1. DENY THE APPEAL BASED ON THE FINDING THAT THE USE
PROPOSED BY THE APPLICANT AND CONSIDERED BY THE DIRECTOR
IS NOT IDENTICAL TO THE COMFORT AND CHEER REST HOME IN
THAT THE CLIENTS SERVED WOULD NOT BE ELDERLY, ALL WOULD
BE AMBULATORY, AND THE PROPOSED OPERATIONS COULD HAVE A
SUBSTANTIALLY DIFFERENT IMPACT ON THE NEIGHBORHOOD THAN
THE COMFORT AND CHEER REST HOME; THAT THE APPLICANT IS,
THEREFORE, REQUIRED TO OBTAIN A USE PERMIT FOR THE
PROPOSED OPERATION PURSUANT TO SECTION 24-25.2 OF THE
ZONING ORDINANCE; OR
2. GRANT THE APPEAL BASED ON THE FINDING THAT THE PROPOSED
OPERATION IS IDENTICAL TO THE COMFORT AND CHEER REST HOME
IN THAT THE FACILITY WOULD SERVE A RESIDENT POPULATION
FOR FEE AND WOULD PROVIDE SERVICES THAT ARE SUBSTANTIALLY
SIMILAR AND IDENTICAL TO THE COMFORT AND CHEER REST HOME;
THAT THE APPLICANT IS, THEREFORE, NOT REQUIRED TO OBTAIN
A USE PERMIT FOR THE PROPOSED OPERATION PURSUANT TO
SECTION 24-35.20 OF THE ZONING ORDINANCE. (**886) (***00)
PUBLIC HEARING OPENED: 11:05 A.M.
PUBLIC HEARING CLOSED: 12:20 P.M.
Page 551 December 18, 2001
December 18, 2001
O1-415 MOTION: I MOVE TO DENY THE APPEAL BASED ON THE FINDING THAT
THE USE PROPOSED BY THE APPLICANT AND CONSIDERED BY
THE DIRECTOR IS NOT IDENTICAL, OR EVEN SUBSTANTIALLY
SIMILAR, TO THE COMFORT AND CHEER REST HOME IN THAT
THE CLIENTS SERVED WOULD NOT BE ELDERLY, ALL WOULD
BE AMBULATORY, AND THE PROPOSED OPERATIONS COULD
HAVE A SUBSTANTIALLY DIFFERENT IMPACT ON THE
NEIGHBORHOOD THAN THE COMFORT AND CHEER REST HOME;
THAT THE APPLICANT IS, THEREFORE, REQUIRED TO OBTAIN
A USE PERMIT FOR THE PROPOSED OPERATION PURSUANT TO
SECTION 24-25.2 OF THE ZONING ORDINANCE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
O1-416 Public Defender Consortium:
1. Coleen Jarvis - the Public Defender Consortium is
requesting 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 - CONSIDER ACTION ON
AGREEMENT. (FROM 12-11-O1 [4.06(1)]);
2. Braddon Hatch - Amendment - the Public Defender
Consortium is requesting 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 - CONSIDER ACTION ON
AGREEMENT. (FROM 12-11-O1 [4.06(2)] (***832)
AT THE REQUEST OF THE CHIEF ADMINISTRATIVE OFFICER, COUNTY
COUNSEL PREPARED AN OPINION REGARDING THE RESPONSIBILITY OF THE
COURTS CONCERNING THE AWARDING OF JUVENILE DEPENDENCY PUBLIC
DEFENDER CONTRACTS. AS A RESULT OF COUNTY COUNSEL'S OPINION,
THE CHIEF ADMINISTRATIVE OFFICER RECOMMENDED THE BOARD NOT ACT
ON THE PROPOSED AGREEMENTS, BUT SUBMIT THE AGREEMENT WITH
COLLEEN JARVIS TO THE COURTS FOR ACTION, AND POSTPONE ANY
ACTION ON THE BRADDON HATCH AGREEMENT PENDING THE COURT'S
ACTIONS.
THE BOARD DIRECTED THE COLLEEN JARVIS AGREEMENT BE FORWARDED TO
THE COURTS FOR ACTION.
Page 552 December 18, 2001
December 18, 2001
O1-417 CLOSED SESSION: THE BOARD RECESSED AT 12:40 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; AND
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6. AGENCY
NEGOTIATORS: JEANNE GRAVETTE. EMPLOYEE
ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY
MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT,
CONFIDENTIAL AND SUPERVISORY UNIT);
COMMUNICATION WORKERS OF AMERICA (SOCIAL
SERVICES WORKERS UNIT); BUTTE COUNTY
PROFESSIONAL EMPLOYEES UNIT; BUTTE COUNTY
DEPUTY SHERIFFS ASSOCIATION (GENERAL AND
MANAGEMENT/SUPERVISORY UNIT); AND BUTTE COUNTY
CORRECTIONAL OFFICERS ASSOCIATION (GENERAL AND
MANAGEMENT/SUPERVISORY UNIT). (***1030)
RECONVENE: THE BOARD RECONVENED AT 1:20 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; AND
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6. AGENCY
NEGOTIATORS: JEANNE GRAVETTE. EMPLOYEE
ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY
MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT,
CONFIDENTIAL AND SUPERVISORY UNIT);
COMMUNICATION WORKERS OF AMERICA (SOCIAL
SERVICES WORKERS UNIT); BUTTE COUNTY
PROFESSIONAL EMPLOYEES UNIT; BUTTE COUNTY
DEPUTY SHERIFFS ASSOCIATION (GENERAL AND
MANAGEMENT/SUPERVISORY UNIT); AND BUTTE COUNTY
CORRECTIONAL OFFICERS ASSOCIATION (GENERAL AND
MANAGEMENT/SUPERVISORY UNIT). (***1169) (NO
ANNOUNCEMENTS)
Page 553 December 18, 2001
December 18, 2001
Regular Agenda
O1-418 Selection of Consultant - consideration of the selection of a
consultant to prepare an Environmental Impact Report for the
Sugarloaf Mine at Cherokee as proposed by AMT - action
requested - APPROVE THE INTERIM CHIEF ADMINISTRATIVE OFFICER'S
RECOMMENDATION TO CONTRACT WITH SHN CONSULTANTS FOR THE
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE SUGARLOAF
MINE SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (***1180) (****00)
MOTION: I MOVE TO CONTRACT WITH SHN CONSULTANTS, AS MOST ECONOMICAL
BIDDER, FOR THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT
FOR THE SUGARLOAF MINE SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER.
M S
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion Carried)
BOARD DIRECTION TO HAVE THE CHIEF ADMINISTRATIVE OFFICE AND
COUNTY COUNSEL REVIEW THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
GUIDELINE ORDINANCE AND TO RETURN TO THE BOARD WITH
RECOMMENDATIONS.
RECESS:
RECONVENE: 2:45 P.M.
2:50 P.M.
Regular A ecr nda
O1-419 Board of Supervisors Protocol Policy - consideration of the
adoption of a policy setting forth protocols for the Board in
the areas of meetings, public testimony, agenda presentation,
order of business, open and closed session, and
communications - action requested - DIRECT THE ADMINISTRATIVE
OFFICE AND COUNTY COUNSEL TO DEVELOP A DRAFT BOARD PROTOCOL
POLICY FOR BOARD CONSIDERATION. (****1092)
MOTION: I MOVE TO DIRECT COUNTY COUNSEL AND THE CHIEF ADMINISTRATIVE
OFFICER TO LOOK AT THE PROCEDURES PREVIOUSLY ADOPTED AND SEE
HOW THEY CAN BE UPDATED; SPECIFICALLY NOT GIVING ANY DIRECTION
FOR ANYTHING THAT WOULD BE CALLED AN ADMINISTRATIVE CODE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 554 December 18, 2001
December 18, 2001
O1-420 Budget Savings Incentive Program - Report to the Board - report
and recommendations on the Budget Savings Incentive Program -
action requested - REDUCE BUDGET SAVINGS INCENTIVE PROGRAM
PAYMENTS TO DEPARTMENTS FROM 50o OF SAVINGS TO 25o OF SAVINGS
FOR FISCAL YEAR 2000-2001; DIRECT THE ADMINISTRATIVE OFFICE TO
WORK WITH DEPARTMENTS TO BRING FORWARD FOR BOARD APPROVAL THE
DEPARTMENTAL EXPENDITURE PLANS AND ASSOCIATED BUDGET TRANSFERS
FOR THE 25o SAVINGS PAYMENTS; DIRECT THE ADMINISTRATIVE OFFICE
TO REVIEW THE BUDGET SAVINGS INCENTIVE PROGRAM OVERALL, IN
CONSULTATION WITH MANAGEMENT COUNCIL, TO PROVIDE
RECOMMENDATIONS ON THE FUTURE OF THE PROGRAM. (****1540)
MOTION: I MOVE TO REDUCE BUDGET SAVINGS INCENTIVE PROGRAM PAYMENTS TO
DEPARTMENTS FROM 50o OF SAVINGS TO 25o OF SAVINGS FOR FISCAL
YEAR 2000-2001; DIRECT THE ADMINISTRATIVE OFFICE TO WORK WITH
DEPARTMENTS TO BRING FORWARD FOR BOARD APPROVAL THE
DEPARTMENTAL EXPENDITURE PLANS AND ASSOCIATED BUDGET TRANSFERS
FOR THE 25o SAVINGS PAYMENTS; DIRECT THE ADMINISTRATIVE OFFICE
TO REVIEW THE BUDGET SAVINGS INCENTIVE PROGRAM OVERALL, IN
CONSULTATION WITH MANAGEMENT COUNCIL, AND THE AUDITOR-
CONTROLLER, TO PROVIDE RECOMMENDATIONS ON THE FUTURE OF THE
PROGRAM, INCLUDING THE DIRECTION OF THE INCLUSION OF A JUNE 30Tx
DEADLINE FOR DEPARTMENTS TO HAVE THEIR YEARLY BUDGETING
TRANSACTIONS SUBMITTED TO THE AUDITOR-CONTROLLER.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
O1-421 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.)
(****3375)(*****00)
1. MIKE RAMSEY, DISTRICT ATTORNEY, ADDRESSED THE BOARD TO
STATE THAT HE IS IN A CRISES SITUATION WITH REGARDS TO
RECRUITING FOR DEPUTY DISTRICT ATTORNEYS BECAUSE THE PAY
FOR THAT CLASSIFICATION IS SO LOW. (***1100)
2. KRISTEN LUCENA, PRESIDENT, DEPUTY DISTRICT ATTORNEYS'
ASSOCIATION, THANKED THE BOARD FOR ITS ATTENTION TO THE
PROFESSIONAL UNIT'S BARGAINING ISSUES, ADDRESSED LOW
WAGES FOR DEPUTY DISTRICT ATTORNEYS, AND PRESENTED THE
BOARD WITH SALARY INFORMATION FOR DEPUTY DISTRICT
ATTORNEYS FROM OUR BENCHMARK COUNTIES.
Page 555 December 18, 2001
December 18, 2001
O1-422 CLOSED SESSION: THE BOARD RECESSED AT 3:55 P.M. TO A CLOSED
SESSION CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54957.6.
AGENCY NEGOTIATORS: JEANNE GRAVETTE. EMPLOYEE
ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY
MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT,
CONFIDENTIAL AND SUPERVISORY UNIT);
COMMUNICATION WORKERS OF AMERICA (SOCIAL
SERVICES WORKERS UNIT); BUTTE COUNTY
PROFESSIONAL EMPLOYEES UNIT; BUTTE COUNTY
DEPUTY SHERIFFS ASSOCIATION (GENERAL AND
MANAGEMENT/SUPERVISORY UNIT); AND BUTTE COUNTY
CORRECTIONAL OFFICERS ASSOCIATION (GENERAL AND
MANAGEMENT/SUPERVISORY UNIT). (*****227)
RECONVENE: THE BOARD RECONVENED AT 4:40 P.M. TO A CLOSED
SESSION CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54957.6.
AGENCY NEGOTIATORS: JEANNE GRAVETTE. EMPLOYEE
ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY
MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT,
CONFIDENTIAL AND SUPERVISORY UNIT);
COMMUNICATION WORKERS OF AMERICA (SOCIAL
SERVICES WORKERS UNIT); BUTTE COUNTY
PROFESSIONAL EMPLOYEES UNIT; BUTTE COUNTY
DEPUTY SHERIFFS ASSOCIATION (GENERAL AND
MANAGEMENT/SUPERVISORY UNIT); AND BUTTE COUNTY
CORRECTIONAL OFFICERS ASSOCIATION (GENERAL AND
MANAGEMENT/SUPERVISORY UNIT). (*****236) (NO
ANNOUNCEMENTS)
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE
BOARD, THE MEETING WAS ADJOURNED AT 4:40 P.M.,
TO RECONVENE AT A REGULAR MEETING OF THE BOARD
ON TUESDAY, JANUARY 8, 2002, AT 9:00 A.M.
CURT JOSIASSEN, CHAIR
ATTEST:
Lawrence Odle, Interim Chief Administrative
Office and Clerk of the Board of Supervisors
By.
Page 556 December 18, 2001