Loading...
HomeMy WebLinkAboutSmall Agenda 082702AGENDA .•'`~ ~ u~~''•. ~1 ^! ^~ ~~ ^i -~w^^w~- August 27, 2002 R. J. Beeler Jane Dolan Supervisor, District 1 Supervisor, District 2 Mary Anne Houx Kim Yamaguchi Supervisor, District 3 Supervisor, District 5 Curt Josiassen Chair, District 4 Paul McIntosh, Chief Administrative Officer Welcome to a Butte County Board of Supervisors Meeting. We are pleased that you can attend a meeting of the Board. You are invited to take part in the discussion of matters before the Board. The following information will help you understand the procedures the Board will follow and how you can participate. THE BOARD OF SUPERVISORS. The County Board of Supervisors is seated at the dais in the front of the Board chambers. The Chair of the Board is seated at the center and presides over the meeting. Supervisors' names are on the plates in front of them. County staff is seated at tables facing the Board. The Clerk is seated on the side of the dais. MEETINGS. The Board regularly meets two Tuesdays a month. These are normally held on the 2nd and 4th Tuesday. Meetings normally begin at 9:00 a.m. The Board may schedule and notice such additional meetings as are necessary. Unless announced otherwise by the Board Chair, meetings will adj ourn for a lunch recess at noon. The Board will reconvene at 1:30 p.m., or as otherwise scheduled. The Board does not meet on Tuesdays thatfollow Monday holidays. On these occasions, the Board will meet on an alternate Tuesday. An annual meeting schedule is adopted in December of each year, and is available in the Administrative Office or on line at www.buttecounty.net/cob. AGENDAS. The agenda for every meeting of the Board is posted in front of the County Administration Building, at least 72 hours before each meeting. Copies can be obtained by mail before the meeting by requesting such of the Administrative Office or on line. The agenda is usually organized into the following areas and meetings generally proceed in the following order: 1. Consent Agenda: These are routine items usually handled by one motion and vote of the Board. If you wish to discuss one of the matters, please follow the procedure outlined below under Public Participation. Items removed from the Consent Agenda for discussion will generally be considered at the end of the Regular Agenda. The public is encouraged to consult with staff for clarification and explanation of Consent Agenda items to reduce delays during Board meetings. 2. Regular Agenda: These are items requiring discussion by the Board. They are usually taken individually in numerical order. Regular Agenda items may be heard between Timed Items and Public Hearing items. 3. Public Hearings and Timed Items: Items on this portion of the agenda are heard at the scheduled time. This is where most land use items are listed. 4. Other Items: Occasionally, the Board will conduct hearings and take action on matters within another of their legislative capacity, e.g., the Butte County Public Facilities Financing Corporation. This is listed separately on the agenda. 5. Public Comment: This is the time members of the audience may address the Board on matters not listed on the agenda. Members of the Board may not engage in inter-Board discussion of items not listed on the agenda, but may briefly respond to statements made or questions posed. On their own initiative or in response to questions posed, Board members may ask questions for clarification, provide a reference to staff or other resources for factual information, or request staff to report back at a subsequent meeting. 6. Closed Session: The Board is authorized to meet in a closed session in certain circumstances. These circumstances typically include matters involving County personnel, pending and potential litigation and labor negotiations. When meeting in a closed session, the Board will adj ourn from the public meeting. Closed session meetings are held pursuant to the Ralph M. Brown Act, California's Open Meeting Law (Government Code Sections 54950, et seq.), where the Board is provided with statutory authority to meet with its attorneys, negotiators, and staff in a confidential setting. It is the policy of this Board that such discussions shall be kept confidential by all Board members and participants in the closed session meetings to the extent allowed by law. No Board member, attorney, negotiator, staff member or other participant shall disclose information discussed in any closed session meeting without the consent of a simple maj ority of the Board. Any unauthorized communication of matters discussed in closed session shall be prohibited. The Board is hereby given the authority to enforce this policy as allowed by law. At the conclusion of closed session, the Board shall report any action taken during closed session and the vote or abstention of every member present, subj ect to the provisions of Section 54957.1 of the Brown Act. An "*" appearing before an agenda item in the agenda signifies that material has been provided to the Board of Supervisors members to explain this item, and that a copy is available in the Administrative Office for review. Please do not remove the items from this file. A copy can be made for you at a charge to cover costs. PUBLIC PARTICIPATION AND CONDUCT OF MEETINGS. It is the policy of the Board of Supervisors, and a requirement of the California Open Meeting Law, to allow members of the public the opportunity to comment on all matters before the Board. Public participation is limited to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. To facilitate this process the Board has established the following procedure: Public Participation Cards and Identification of Speakers: To assure yourself of the opportunity to speak, please complete a public participation comment card. These are available on a table to the rear of the Board room. Please hand your card to the Clerk of the Board who is seated to the left of the Board of Supervisors. Where possible, please submit your cards before the commencement of a meeting, or during a recess. When your name is called, please step up to the podium and state your name before speaking. While use of public participation cards is requested, participants will not be denied the opportunity to speak if a card has not been completed. 2. Decorum: The Board and staff shall make every attempt to preserve appropriate order and decorum during all meetings. Side conversations, disruptions, interruptions, and delaying efforts are to be avoided. While the public and members of the Board have the right to criticize County policies, procedures, programs and services, Board meetings are not the place for personal attacks or disruptive presentations. All participants shall refrain from name-calling and personal attacks on other participants. It is expected that the Chair of the Board will request, when necessary, that members of the Board and members of the public follow this protocol. Cell phones, pagers, and other similar wireless technology applications should be turned off or set so that the ringer is deactivated during Board meetings, unless emergency availability is required. 3. Time Limits: Each member of the public speaking on an Agenda Item, Public Hearing and Timed Item, or during Public Comment will be limited to a maximum of five minutes unless the time is waived by a maj ority of the Board as seated on any specific item. Speakers are strongly encouraged to avoid repetition. A speaker may not defer his or her time to other speakers. The Board Chair will encourage groups or organizations to select a spokesperson to speak on the group's behalf. These time limits do not apply to applicants appearing before the Board on behalf of their applications. The Chair will also encourage speakers to not repeat comments made by previous speakers, but rather, to indicate their agreement. Signs and clocks may be installed in the Board Chamber to carry out the intent of the time limits. 4. Regular and Consent Agenda Items: Any person may address the Board on any of these items. Often these items are announced by number only. 5. Public Hearings and Timed Items: At the time of these items the Chair will announce the public hearing or item as listed on the agenda and call for staff presentation to introduce the matter for discussion. The Chair will then declare the hearing open. 6. Continued Public Hearing: After a noticed public hearing has been held and the public comment portion concluded, discussion will be confined to the Board and staff. The public hearing will remain closed unless: A. A majority of the Board wishes to reopen the public hearing, or B. New evidence is presented which is pertinent to the subject of the public hearing, or C. There is a substantial change in the item under consideration. Any reopened public hearing will be duly noticed. If the public hearing is reopened for public comment, the scope of the reopened hearing may be limited as the Board directs. 7. Public Comment: At the end of the publicly noticed agenda, the Chair will recognize persons in the audience who wish to speak to the Board on any subject of interest to the public and within the subject matter jurisdiction of the Board. 8. Items Not Listed on the Agenda for Which Board Action is Requested: Pursuant to Government Code Section 54954.3 the Board of Supervisors is prohibited by state law from taking action on any item not listed for action on the agenda. Pursuant to Government Code Section 54954.2, exceptions to this can be made only if: A. A maj ority of the Board of Supervisors determines that an "emergency situation," as defined in Government Code Section 54956.5, exists. B. The Board of Supervisors determines by afour-fifths vote or by a unanimous vote if less than all of the Board is present, that the need to take action on the item arose after the agenda was posted. C. The item was included in a properly posted agenda for a prior meeting occurring not more than five days before the meeting at which the action is taken and was continued to the meeting at which the action is taken. 9. Written Material: Any member of the public or member of the Board who intends to present written materials to the Board should submit such written materials to the Clerk of the Board 14 days in advance of the meeting in order that copies may be included with the agenda and the Board has an opportunity to review the material in advance of the meeting. Any person providing written material at a meeting shall provide a copy to the Clerk of the Board for the record at the same time such material is presented to the Board. If written material is provided to the Board at a meeting, the Board may determine whether to continue the item to a subsequent meeting in order that it will have time to review the written material. The Board may also refuse to accept any untimely written material. 10. Voting: The Chair will call for voice votes on all agenda items unless a member of the Board requests a roll call vote. In the event that the results of a voice vote are not clear because it is not unanimous or there is an abstention, the Chair will call for a roll call vote and will announce the result of each vote (ayes, noes, abstentions) for the benefit of the audience and for the record. Board members may state their reason for abstaining. 11. Procedural Issues: A. The Chair of the Board shall preside over Board meetings, maintain orderly procedure in accordance with these rules and decide questions of procedure subject to appeal to the full Board. B. While the Chair's primary duties involve presiding over Board meetings, the Chair shall be entitled to vote on all matters before the Board, may participate in discussion relating to any matter, may make motions without relinquishing the chair if an issue has special significance to him or her, and may second any motion without relinquishing the chair. The Chair may only make or second a motion after other members have been afforded the opportunity to make or second any motion on the issue. C. Upon appeal or obj ection by any Board member to the procedural rulings of the Chair, the procedure to be followed is determined by majority vote of the Board. 12. Enforcement of Hearing Policies: The above hearing policies will be enforced and persons preventing the orderly conduct for County business maybe subject to the following: A. The Chair may request such persons to desist from such disorderly conduct and to leave the podium or leave the room; B. Upon a determination by a majority of the Board members present, the Chair may order such persons to desist from such conduct, to leave the podium or the room or to be removed from the room by a law enforcement officer. Government Code Section 54957.9, Penal Code Section 403. GETTING AN ITEM ON THE AGENDA FOR BOARD CONSIDERATION. Complete an agenda request form, which is available in the Administrative Office. Your request will be evaluated by the Chief Administrative Officer pursuant to Butte County Code Section 2-20.4(e) to determine if your request should be submitted to the Board, and to make recommendations tothe Board. Your request may appear on the next regular Board meeting agenda provided it is received by that agenda deadline, 14 days before the meeting. Any written material which you wish the Board to consider must be submitted at that time. The Board is committed to making its proceedings accessible to all citizens. Individuals with special needs may call 530- 538-7643 for assistance. All requests must be made 48 hours prior to the meeting. AGENDA August 27, 2002 Time Item No. 9:00 A.m. 1.00 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. 2.00 Pledge of Allegiance to the Flag of the United States of America. 2.01 Invocation - Pastor Tom Adams, Paradise Seventh Day Adventist Church, Paradise. 3.00 Consent Agenda Minutes 3.01 * Approval of Minutes - action requested - APPROVE MINUTES OF APRIL 23, 2002. Budget 3.02 * Budget Transfers - action requested - APPROVE BUDGET TRANSFER Transfers B-020 (INFORMATION SYSTEMS). Donations 3.03 Library Donations - pursuant to Government Code Section 25355, donations of $1,000 from Paradise Friends of the Library, $250 from Barbara Bush Zontek of Oroville, $250 from Paradise Pines women's Club of Magalia, and $200 from John Zontek of Oroville have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE THE CHAIR TO SIGN LETTERS OF APPRECIATION. 3.04 * County Fire Department Donation - pursuant to Government Code Section 25355, the Upper Ridge Volunteer Fire Company has donated a rescue squad with all equipment to the Fire Department. The squad is 1998 International 4x4 with a westates buildup (VIN 1HTSDADN2XH637592), with an estimated value of $200,000. The squad will continue to be used by the volunteer company serving the Upper Ridge community - action requested - ACCEPT DONATION; AUTHORIZE THE ADDITION OF THE EQUIPMENT TO THE COUNTY'S FIXED ASSET LISTING AND INSURANCE POLICES; AND APPROVE A LETTER OF APPRECIATION AND AUTHORIZE THE CHAIR TO SIGN. Appoint 3.05 Assessment Appeals Board - action requested - REAPPOINT DOUG ments DREBERT TO A TERM TO END SEPTEMBER 5, 2005. Page 1 August 27, 2002 Time Item No. Setting of 3.06 * Resolution Giving Notice of Hearing on Petition to Abandon a Public Public Service Easement - Board approval is requested by the Hearings Public works Department, on behalf of Viacom Outdoor, to set a public hearing to consider the abandonment of the northerly seven feet of an existing twelve foot Public Utilities Easement on property located at the southwest corner of Glennwood Avenue and State Highway 32 (Nord Avenue), Chico. The Planning Commission has recommended approval - action requested - ADOPT RESOLUTION OF INTENT TO ABANDON PUBLIC SERVICE EASEMENT AND SETTING A PUBLIC HEARING FOR CONSIDERATION OF THE MATTER FOR SEPTEMBER 24, 2002, AT 11:00 A.M. 3.07 * County Service Area Charges - in order to levy service charges in the various County Service Areas, it is necessary to accomplish several prerequisite steps - action requested - DIRECT THAT A REPORT OF SERVICE CHARGES BE PREPARED IN ACCORDANCE WITH GOVERNMENT CODE SECTION 25210.77a, AND FILED WITH THE CLERK OF THE BOARD; DIRECT A PUBLIC HEARING BE SET FOR SEPTEMBER 24, 2002, AT 10:30 A.M.; AND DIRECT PUBLIC NOTICE OF THE HEARING BE GIVEN IN ACCORDANCE WITH GOVERNMENT CODE SECTION 6066. Audit and 3.08 * Adoption of Tax Rates - State law requires the Board adopt Finance various ad valorem tax rates prior to September 1 of each year. Board approval is requested by the Auditor-Controller for a resolution which will fix these rates for the County for fiscal year 2002-2003 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.09 * Butte County Office of Education Tax and Revenue Anticipation Notes (TRAN) - Fiscal Year 2002-2003 - Board approval is requested by the Treasurer-Tax Collector, on behalf of the Butte County Office of Education, for a resolution authorizing the issuance of Tax and Revenue Anticipation Notes for 2002-2003. The Butte County Office of Education is requesting the Board authorize the issuance of TRAM notes not to exceed $45,000,000. The County has no fiduciary responsibility as to the repayment of these notes - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.10 * County Service Area (CSA) 135-Zone 1 (Keefer Creek Estates- Zone 1) - Report on Ballot Results and Resolution Setting Service Charges - pursuant to State law, on August 12, 2002, a ballot proceeding was held in County Service Area 135- Zone 1 to consider an increase in service charges from $67.74 to $119.94. The ballot results were certified at the Board's meeting of August 13, 2002, and the proposed service charge increase was not approved by the voters in the CSA; therefore, Board approval is requested for a resolution setting the per parcel service charge for fiscal year 2002-2003 at the current maximum rate of $67.74 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Page 2 August 27, 2002 Time Item No. 3.11 * Trust Fund Name and Earnings - Board approval is requested by the Fire Department to change the name of the Volunteer Contribution Trust Fund to the water Tender Earnings Trust Fund, and to approve the use of revenue from water Tender Earnings on State fires to provide 500 of the volunteer's share for purchases of new equipment, fund 500 of the cost of fuel and equipment maintenance on the volunteer company water tenders, and to purchase necessary supplies and fire equipment to support the volunteer fire companies - action requested - APPROVE NAME CHANGE OF VOLUNTEER CONTRIBUTIONS TRUST FUND TO WATER TENDER EARNINGS TRUST FUND; AND AUTHORIZE THE USE OF TRUST FUNDS AS DETAILED ABOVE. 3.12 * Frank watters Children's Trust Fund - Board approval is requested by the Treasurer-Tax Collector to allow the Board's representative to the Children's Services Coordinating Council to sign thank-you letters to individuals who donate to the Frank watters Children's Trust Fund. The Children's Services Coordinating Council has provided oversight and assistance to the annual fund drive which raises money for child abuse prevention efforts in Butte County - action requested - AUTHORIZE THE BOARD'S REPRESENTATIVE TO THE CHILDREN'S SERVICES COORDINATING COUNCIL TO SIGN THANK-YOU LETTERS FOR CONTRIBUTIONS TO THE FRANK wATTERS CHILDREN'S TRUST FUND. Ordinances 3.13 * Introduction of an Ordinance - Board approval is requested by and the Administrative Office for an ordinance amending Ordinance Resolutions No. 3825, approving the Gridley Redevelopment Plan and adopting Findings and Statement of Facts and Overriding Considerations related to the Environmental Impact Report. The proposed amendment removes the requirement for filing the Notice of Determination by the County. The Notice of Determination is filed by the Lead Agency, which is the City of Gridley - action requested - WAIVE READING OF THE ORDINANCE. Page 3 August 27, 2002 Time Item No. 3.14 * Introduction of a Salary Ordinance Amendment - the Department of Human Resources has prepared a salary ordinance amendment which reflects changes contained in the fiscal year 2002-2003 final budget as follows: TREASURER-TAX COLLECTOR - adds one flexibly staffed position of Office Assistant III/II/I. DISTRICT ATTORNEY-CRIMINAL - adds three flexibly staffed positions of Office Assistant III/II/I. PROBATION - deletes one flexibly staffed position of Probation Officer III/II/I and one half-time position of Probation Technician. DEVELOPMENT SERVICES-BUILDING INSPECTION - adds one position of Code Enforcement Officer and one flexibly staffed position of Office Assistant III/II/I. COUNTY CLERK-RECORDER - adds one position of Senior Account Clerk. BEHAVIORAL HEALTH- GENERAL SERVICES - deletes one flexibly staffed position of Staff Nurse III/II/I and one flexibly staffed position of Office Assistant II/I. Adds two flexibly staffed positions of Mental Health Clinician II/I. BEHAVIORAL HEALTH-SUBSTANCE ABUSE SERVICES - adds two flexibly staffed positions of Senior Mental Health Counselor/Mental Health Counselor/Mental Health worker. CHILD SUPPORT SERVICES - adds two flexibly staffed positions of Administrative Analyst III/II/I. LIBRARY - extends the ending date of three sunset positions of Library Assistant I to September 30, 2003 - action requested - WAIVE READING OF THE ORDINANCE. 3.15 * Resolution to Amend the Salary Ordinance - the Department of Human Resources has prepared a resolution to amend the salary ordinance as follows: PUBLIC WORKS-TRANSPORTATION SYSTEMS - this section is deleted in its entirety. SALARY PLAN FOR CLASSIFIED POSITIONS, REFERENCE F, MANAGEMENT, CONFIDENTIAL, AND SUPERVISORY UNIT CLASSIFICATION - re-titles the job classification of Supervising Health Education Specialist to Supervisor-Health Education Specialist. PUBLIC HEALTH-GENERAL SERVICES - deletes two positions of Supervising Health Education Specialist and adds two positions of Supervisor- Health Education Specialist. BEHAVIORAL HEALTH-GENERAL SERVICES - deletes one position of Supervising Health Education Specialist and adds one position of Supervisor- Health Education Specialist. BEHAVIORAL HEALTH-SUBSTANCE ABUSE SERVICES - deletes one position of Supervising Health Education Specialist and one sunset position of Supervising Health Education Specialist, and adds one position of Supervisor-Health Education Specialist and one sunset position of Supervisor-Health Education Specialist. SALARY PLAN FOR ELECTED AND APPOINTED OFFICIALS, REFERENCE A, APPOINTED DEPARTMENT HEADS - adjust the salary for the LAFCo Executive Officer to $79,400 per year, retroactive to July 6, 2002 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Page 4 August 27, 2002 Time Item No. 3.16 * Resolution in Support of the water Security, Clean Drinking water, and Coastal and Beach Protection Act of 2002 - Board approval is requested by the Department of water and Resource Conservation for a resolution in support of Proposition 50, a water bond initiative which will appear on the ballot in November 2002 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.17 * Resolution Establishing a Service Authority for the Abandoned Vehicle Abatement Program pursuant to California Vehicle Code Section 9250.7 and 22710 - the Administrative Office submits a resolution which establishes a Service Authority for the countywide Abandoned Vehicle Abatement Program. Establishment of the program requires the formation of a Joint Powers Authority (Service Authority) by the Board, and a majority of the cities having a majority of the incorporated population within the County. Funding for the program will be provided by a $1 service fee imposed by the Service Authority on all motor vehicle registrations within Butte County for ten years. Commercial vehicles in excess of 10,001 pounds will be subject to an additional $2 fee. The following actions are necessary to implement the program: 1) adopt a resolution that authorizes the establishment of a Joint Powers Authority (Service Authority) to impose a $1 registration fee ($2 additional fee for commercial vehicles in excess of 10,001 pounds) and approves the Vehicle Abatement Plan; 2) approve agreement with Service Authority for vehicle abatement services; 3) approve agreement with Service Authority to provide administrative services; and 4) appoint representative to the Service Authority (this item will return on a subsequent agenda) - action requested - ADOPT RESOLUTION (4 /5 vote required) AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE AGREEMENTS (2) WITH SERVICE AUTHORITY FOR VEHICLE ABATEMENT SERVICES AND ADMINISTRATIVE SERVICES AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 3.18 * Resolution Recognizing September 8, 2002, as National Grandparents Day - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Roads 3.19 * Roadway Improvements within the County of Butte Jurisdiction on Palmetto Avenue Between Arbutus Avenue and Moss Avenue - Amendment to Letter Agreement - Board approval is requested by the Public works Department for a second amendment to the letter agreement with the City of Chico to encroach into the public right-of-way to construct roadway improvements on Palmetto Avenue between Arbutus Avenue and Moss Avenue. The proposed amendment to the Letter of Agreement extends the encroachment date from June 30, 2002, to October 31, 2002, to provide for the amended scheduled completion date for the project. All other terms and provisions remain the same - action requested - APPROVE AMENDMENT TO LETTER AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 5 August 27, 2002 Time Item No. 3.20 * Reconstruction of Centerville Road Bridge Across Butte Creek - Federal Project No. BRLO-5912(018); County Project No. 54345- 97-1 - Contract Change Order (CCO) No. 3 - CCO. No. 3, in the increasing amount of $44,729, provides for the preparation and implementation of a tree planting and erosion control plan to satisfy mitigation requirements outlined in the Initial Study/Mitigated Negative Declaration - action requested - APPROVE CONTRACT CHANGE ORDER NO. 3 AND AUTHORIZE THE CHAIR TO SIGN. 3.21 * Union Pacific Railroad Company - Public Highway Crossing Agreement - Board approval is requested by the Public works Department for an agreement with the Union Pacific Railroad Company for reconstruction of the public crossing in the Union Pacific Railroad Company's right-of-way on west East Avenue in support of the County's reconstruction and widening project on west East Avenue from the City of Chico limits east of Guynn Avenue to State Route 32. The agreement has a maximum amount payable of $293,000 (department budget) - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Agreements 3.22 * Regional Council of Rural Counties - California Rural Home and Mortgage Finance Authority Agreement - Amendment - Board Grants approval is requested by the Administrative Office for an amendment to the agreement with the Regional Council of Rural Counties' California Rural Home Mortgage Finance Authority. The agreement provides broadened opportunities for home ownership through a variety of home loan opportunities. The amendment is being revised to provide for consistent language with other Regional Council of Rural Counties' agreements - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.23 * Steven Mark Stapleton - Amendment - Board approval is requested by the Administrative Office for an amendment to the agreement with Steven Mark Stapleton for the provision of Public Defender services. The amendment removes Mr. Stapleton from the Executive Committee of the Butte County Indigent Services Consortium effective August 1, 2002 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X10841) 3.24 * Myra L. Bailey - Amendment - Board approval is requested by the Administrative Office for an amendment to the agreement with Myra L. Bailey for the provision of Public Defender services. The amendment adds Ms. Bailey to the Executive Committee of the Butte County Indigent Services Consortium effective August 1, 2002 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X10841) Page 6 August 27, 2002 Time Item No. 3.25 * Thomas Lancaster, M.D. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Thomas Lancaster, M.D. for the provision of services in the specialized field of psychiatry. The amendment increases the maximum amount payable for fiscal year 2002-2003 by $27,000 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11300) 3.26 * Youth For Change - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Youth For Change for the provision of mental health services to clients with full scope Medi-Cal benefits. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $753,988 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 3.27 * Right Road Recovery Programs, Inc. - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Right Road Recovery Programs, Inc., for the provision of outpatient drug-free counseling and short- term residential treatment services to Drug Court, Proposition 218, and Perinatal clients. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $42,529.49 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X13719) 3.28 * Oroville Recovery Center - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Oroville Recovery Center for the provision of drug and alcohol recovery services. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $59,078.85 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13764) 3.29 * Cherokee Restoration Fellowship - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Cherokee Restoration Fellowship for the provision of residential drug and alcohol treatment services. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $38, 372.51 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13745) Page 7 August 27, 2002 Time Item No. 3.30 * Karuna Anand Brar, M.D. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Karuna Anand Brar, M.D., for the provision of services in the specialized field of psychiatry. The amendment decreases the maximum amount payable by $72,250 for fiscal year 2002-2003. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11385) 3.31 * Oroville Hospital - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Oroville Hospital for the provision of emergency medical services and ambulance transportation services for patients of the Psychiatric Health Facility. The amendment increases the maximum amount payable by $3,637.50 (department budget) as a result of an increased utilization of services. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13206) 3.32 * Carl Rickards, Jr. - Lease Agreement Amendment - Board approval is requested by the Butte County Department of Behavioral for an amendment to the lease agreement with Carl Rickards, Jr., for the property located at 260 Cohasset Road, Suite E, Chico. The amendment provides for a change in contractor from Carl Rickards, Jr., to Lillian Rickards. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X12089) 3.33 * Skyway House - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with the Skyway House for the provision of non-residential outpatient rehabilitation services for clients referred under the Substance Abuse and Crime Prevention Act and Perinatal clients. The amendment reduces the maximum amount payable by $10,000. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13423) Page 8 August 27, 2002 Time Item No. 3.34 * State of California-Department of Alcohol and Drug Programs - Grant Agreement Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the grant agreement with the State of California-Department of Alcohol and Drug Programs for funds to implement the Youth Development and Crime Prevention Grant. The amendment extends the term of the agreement through September 30, 2003, to allow the department to carryover unspent program funds as necessary. All other terms and provisions remain the same - action requested - ADOPT RESOLUTION APPROVING AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHAIR TO SIGN AMENDMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. R40422) 3.35 * California Mental Health Directors Association - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with the California Mental Health Directors Association (CMHDA). Through the agreement with CMHDA, the department has access to a statewide provider network for speciality mental health services for Medi-Cal beneficiaries. The amendment extends the term of the agreement through June 30, 2003, and increases the maximum amount payable by $25,000 (department budget) for fiscal year 2002-2003. All other terms and provisions remain the same. In order to implement the amendment, the County must also authorize the State Department of Mental Health to transfer to CMHDA $15,000 from the department's State General Fund allocation for Early Periodic Screening, Diagnosis and Treatment, and Board approval is also requested for a resolution approving that transfer - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11598) 3.36 * Tri-County Treatment - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Tri-County Treatment for the provision of short-term residential recovery services. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $116,830 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.37 * Private Industry Council - Sublease Agreement - Board approval is requested by the Butte County Department of Behavioral Health for a sublease agreement with the Private Industry Council for space in the Southside Oroville Community Center. The department will utilize the space to provide services to adult clients. The term of the agreement is August 1, 2002, through July 31, 2012, with a maximum amount payable of $44,710.02 (department budget) for the multi-year term - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X13741) Page 9 August 27, 2002 Time Item No. 3.38 * Right Road Recovery Programs, Inc. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Right Road Recovery Programs, Inc., for the provision of short-term alcohol and drug residential treatment services. The amendment increases the maximum amount payable by $10,000 (department budget) as a result of an increased utilization of services. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13457) 3.39 * Robert A. Glusman - Amendment - Board approval is requested by County Counsel for an amendment to the agreement with Robert A. Glusman for the provision of specialized legal services. The amendment provides for reimbursement of Children's Services Division Appeals at the rate of $125.00 per hour (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER. 3.40 * Sharon A. Stone - Board approval is requested by County Counsel to terminate County agreement number X10875 with Sharon A. Stone for services as the Interim Director-Child Support Services. Ms. Stone's employment is currently covered by an employment agreement which supercedes and replaces contract number X10875 - action requested - APPROVE TERMINATION OF CONTRACT NUMBER X10875. 3.41 * Remy, Thomas and Moose - Amendment - Board approval is requested by County Counsel for an amendment to the agreement with Remy, Thomas and Moose for the provision of specialized legal services. The amendment provides for a revised fee schedule for attorney, analyst and paralegal services. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER. 3.42 * Regional and Economic Sciences - Board approval is requested by County Counsel for an agreement with Regional and Economic Sciences for research related to the analysis of the socio- economic impact of Project 2100 (the Lake Oroville Dam) on the economy of Butte County, and to assist the County in efforts to establish a scientifically supportable position from which to negotiate with the State Department of water Resources in the Federal Energy Regulatory Commissions' re-licensing process. The term of the agreement is August 27, 2002, through January 1, 2005, with a compensation rate of $75.00 per hour (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER. Page 10 August 27, 2002 Time Item No. 3.43 * Community Development Block Grant Extension - Board approval is requested by the Development Services Department for a resolution which would approve an extension of Grant No. 97- STBG-1103 (Southside Community Center) to September 30, 2002, to allow up to $100, 000 of Program Income to be used to assist in the repair of the Stirling City Septic Management System. The State Department of Housing and Community Development has approved the extension and the proposed resolution is required for release of the Program Income - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.44 * United States Department of Justice/United States Department of the Treasury - Federal Equitable Sharing Agreement - Board approval is requested by the District Attorney for a Federal Equitable Sharing Agreement with the United States Departments of Justice and Treasury. The agreement is required for local jurisdictions to receive their share of the forfeitures in federal jurisdiction cases where the local jurisdiction assisted - action requested - APPROVE FEDERAL ANNUAL CERTIFICATION REPORT AND AUTHORIZE THE CHAIR AND THE DISTRICT ATTORNEY TO SIGN; AND APPROVE FEDERAL EQUITABLE SHARING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40227 ) 3.45 * Valley Toxicology Service, Inc. - Board approval is requested by the District Attorney for an agreement with Valley Toxicology Service, Inc., for the provision of substance analysis and expert court testimony. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $62,000 (department budget). Sole source approval for the agreement is also requested - action requested - APPROVE SOLE SOURCE JUSTIFICATION; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13513) 3.46 * wells Fargo Bank - Estoppel, Non-disturbance and Attornment Agreement - Board approval is requested by the Department of Employment and Social Services for an Estoppel, Non- disturbance and Attornment Agreement for the property located at 202 Mira Loma Drive, Oroville. The department leases space at the property from GBPP 4 Oroville II, L.P. The owner of the property is attempting to secure a loan and the lender, wells Fargo Bank, has requested the County, as tenant of the property, complete the agreement as part of the loan process - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 11 August 27, 2002 Time Item No. 3.47 * Kitchell CEM, Inc. - Amendment - Board approval is requested by the General Services Director for an amendment to the agreement with Kitchell CEM, Inc., for the provision of construction management services for the new Juvenile Hall project. The amendment extends the term of the agreement through January 30, 2003, amends the monthly payment from $21,067 to $10,000 per month (or pro-rated portion), reduces on-site manpower from five to three days per week, and amends the notification provision. The overall additional cost for the amendment is estimated at $60,000, which will be funded with project contingency funds - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11452) 3.48 * Public Sector Personnel Consultant - Board approval is requested by the Department of Human Resources for an agreement with Public Sector Personnel Consultants for the provision of a Countywide classification and compensation study pursuant to the negotiated labor agreements with the County's bargaining units. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $200,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER. 3.49 * California Council for the Humanities - Board approval is requested by the Director of Libraries to accept $500 in grant funds from the California Council for the Humanities. The funds will be utilized to promote reading Steinbeck's The Grapes of Wrath - action requested - ACCEPT GRANT AWARD, AND APPROVE BUDGET TRANSFER B-019 (4 /5 vote required) ACCEPTING AND APPROPRIATING GRANT FUNDS. 3.50 * State of California-Department of Health Services - women, Infants and Children Agreement - Amendment - Board approval is requested by the Public Health Department for an amendment to the revenue agreement with the State of California-Department of Health Services for the provisions of funds to support the Women, Infants and Children program. The amendment increases the maximum amount payable to the County by $29,743 as a result of an increased allocation. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. R40199) Page 12 August 27, 2002 Time Item No. 3.51 * Home Health Care Management, Inc., d.b.a. CHP Plus - Board approval is requested by the Public Health Department for an agreement with Home Health Care Management, Inc., d.b.a. CHP Plus for the provision of services in support of the Early Intervention Project and the HIV Transmission Prevention Project. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $78,150 (State funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.52 * California Department of Health Services - Board approval is requested by the Public Health Department for an agreement with the California Department of Health Services for the provision of technical support and assistance in claims processing and program monitoring. The agreement is part of the administrative duties of the department in its capacity as Host Entity for the Medi-Cal Administrative Activities/ Targeted Case Management program consortium. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $568,470. Funding for the agreement is provided by participation fees collected from other counties belonging to the consortium. Currently the department has budgeted $450,000 for the agreement and will adjust fee rates to provide for the increased cost of the agreement. To provide for that adjustment, Board approval is also requested to adjust the department's revenue and expenditures budgets by $118,470 - action requested - APPROVE BUDGET TRANSFER B-012 (4 /5 vote required) INCREASING REVENUE CODE AND APPROPRIATING THE FUNDS TO THE DEPARTMENT; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.53 * wells Fargo Bank - Estoppel, Non-disturbance and Attornment Agreement - Board approval is requested by the Public Health Department for an Estoppel, Non-disturbance and Attornment Agreement for the property located at 202 Mira Loma Drive, Oroville. The department leases space at the property from GBPP 4 Oroville II, L.P. The owner of the property is attempting to secure a loan and the lender, wells Fargo Bank, has requested the County, as tenant of the property, complete the agreement as part of the loan process - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 3.54 * Gary Bess and Associates - Board approval is requested by the Sheriff's Office for an agreement with Gary Bess and Associates for the provision of management and facilitation of the evaluation reports for the Forensic Resource Team and Mentally Ill Offender Crime Reduction grant programs. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $40,035 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13570) Page 13 August 27, 2002 Time Item No. 3.55 * Appriss - Victim Information Notification Everyday (VINE) Service - Board approval is requested by the Sheriff-Coroner for an agreement with Appriss, provider of the VINE Service. Under the VINE Service, the company will notify victims when there has been a change of status of an incarcerated offender. The term of the agreement is October 19, 2002, through October 19, 2003, with a maximum amount payable of $13,020 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11383) 3.56 * United States Department of Justice/United States Department of the Treasury - Federal Equitable Sharing Agreement - Board approval is requested by the Sheriff's Office for a Federal Equitable Sharing Agreement with the United States Departments of Justice and Treasury. The agreement is required for local jurisdictions to receive their share of the forfeitures in federal jurisdiction cases where the local jurisdiction assisted - action requested - APPROVE FEDERAL ANNUAL CERTIFICATION REPORT AND AUTHORIZE THE CHAIR AND SHERIFF- CORONER TO SIGN; AND APPROVE FEDERAL EQUITABLE SHARING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.57 * Superior Court of California-County of Butte/Butte County Treasurer-Tax Collector - Memorandum of Understanding - Amendment - Board approval is requested by the Treasurer-Tax Collector for an amendment to the Memorandum of Understanding with the Superior Court of California-County of Butte for the Enhanced Collection and Compliance Program. The amendment provides for an extension of the term through December 31, 2002, to provide for compilation of complete fiscal year-end data and a comprehensive review of the program's progress to date. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13765) 3.58 * State water Resources Control Board - Board approval is requested by the Department of water and Resource Conservation to accept grant funds from the State water Resources Control Board in the amount of $168,871 for the Cherokee watershed water Quality Investigation - action requested - ACCEPT GRANT AWARD; ADOPT RESOLUTION ACCEPTING GRANT FUNDS AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE DIRECTOR OF WATER AND RESOURCE CONSERVATION TO SIGN CONTRACTS AND DOCUMENTS ASSOCIATED WITH THE GRANT FUNDING, SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Miscel- 3.59 * Assembly Bill 749 - workers' Compensation Legislation - laneous consideration of an amended letter to Assembly and Senate representatives asking support of legislation that changes the minimum temporary disability provision of Assembly Bill 749 as it relates to inmates and court-sentenced community service workers - action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-13-02 [4.02(1)]) Page 14 August 27, 2002 Time Item No. 4.00 Regular Agenda 4.01 Appointments - Boards, Commissions, and Committees. 1. Appointments to listed vacancies. 4.02 Update on legislative and budget activities. (CHIEF ADMINISTRATIVE OFFICER) 4.03 * water Quality Monitoring - Report to the Board - report to the Board on the water quality monitoring program pursuant to Butte County Code Chapter 33 - action requested - ACCEPT FOR INFORMATION. (WATER AND RESOURCE CONSERVATION) 4.04 * County Representation on the Northern California water Association Board of Directors - consideration of the appointment of a Board member to work with staff and supervisors from other counties to develop an equitable process for selecting county representatives to the Northern California water Association's Board of Directors - action requested - APPOINT BOARD MEMBER TO WORK WITH STAFF AND SUPERVISORS FROM OTHER COUNTIES REGARDING COUNTY REPRESENTATION ON THE NORTHERN CALIFORNIA WATER ASSOCIATION'S BOARD OF DIRECTORS. (WATER AND RESOURCE CONSERVATION) 4.05 * Voting Modernization Bond Act of 2002 - consideration of an application for funds under the Voting Modernization Bond Act of 2002 - action requested - ADOPT RESOLUTION APPROVING APPLICATION FOR FUNDS AND AUTHORIZE THE CHAIR TO SIGN. (COUNTY CLERK-RECORDER-REGISTRAR OF VOTERS) 4.06 * Draft Traffic Undulation Procedure and Policy - presentation of draft policies and procedures for responding to traffic speeding complaints and the possible implementation of traffic undulations in specific situations - action requested - DIRECT STAFF TO MAKE REVISIONS AS NECESSARY AND RETURN FINAL DRAFT TO BOARD FOR PUBLIC REVIEW AND BOARD ACTION. (PUBLIC WORKS) Page 15 August 27, 2002 Time Item No. 4.07 * Solid waste Committee Recommendations on waste Collection Services - Report to the Board - action requested - DIRECT THE PUBLIC WORKS DEPARTMENT AND COUNTY COUNSEL TO DEVELOP ORDINANCES TO IMPLEMENT THE SOLID WASTE COMMITTEE'S RECOMMENDATIONS INCLUDING FLOW CONTROL, CUSTOMER BILL OF RIGHTS AND SERVICE STANDARDS AND RETURN ITEM TO THE BOARD FOR ADOPTION OF ORDINANCES. (PUBLIC WORKS [FROM 4-23-02/4.05]) 4.08 * Neal Road Sanitary Landfill - Construction of Module 4, Phase A - County Project No. 757-02-2 - Award of Contract - the project is needed to allow for continued long-term waste disposal at the Neal Road Sanitary Landfill. Bids will be opened on August 23, 2002, and the Public works Department will present the bid results to the Board on August 27, 2002, for the award of the contract - action requested - AWARD BID TO LOW BIDDER AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (PUBLIC WORKS) 4.09 A Matter on which a Public Hearing Has Been Held and a Motion of Intent Adopted - Marc Nix - Appeal of a Denial of a Use Permit (UP 02-12, APL 02-07) - on July 9, 2002, the Board convened a public hearing to consider an appeal of the Planning Commission's denial of a Use Permit to remove development restrictions imposed by Use Permit 84-36 on the remaining property of a home site segregation on property zoned A-5 (Agricultural - 5 acre parcels) and located on the southwest corner of the intersection of Bell Road and Nora Avenue, approximately 400 feet east of Muir Avenue in the north Chico area, and identified as APN 042-050-072. The Board adopted a Motion of Intent to approve the appeal and directed staff to prepare the necessary actions for approval - action requested: 1. FIND THE PROJECT IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW UNDER SECTION 15303(a)- CLASS 3, THE CONSTRUCTION OF A SINGLE FAMILY DWELLING; AND SUBJECT TO FINDING II (A) AS DETAILED IN THE STAFF REPORT DATED AUGUST 6, 2002, APPROVE THE REQUEST FOR A USE PERMIT TO REMOVE DEVELOPMENT RESTRICTIONS IMPOSED BY USE PERMIT 84-36 ON THE REMAINING PROPERTY OF A HOME SITE SEGREGATION. (DEVELOPMENT SERVICES [FROM 8-13-02/4.05]) Page 16 August 27, 2002 Time Item No. 4.10 * A Matter on which a Public Hearing has been Held and a Motion of Intent Adopted - Becky Yount - General Plan Amendment and Rezone - on August 13, 2002, the Board convened a public hearing to consider a General Plan Amendment to change the General Plan Designation of the subject property from "Agricultural Residential" to "Industrial", and a Rezone to change the zoning from SR-1 (Suburban Residential - 1 acre parcels) to L-I (Limited Industrial). The property is located on the west side of State Route 99, between Speedway Avenue and Entler Avenue in the south Chico area and identified as APN 040-030-055 (portion)(DB [GPA/RZ 02-O1]) The Board adopted a Motion of Intent to approve the project and directed staff to prepare the necessary actions for approval - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF REPORT DATED AUGUST 27, 2002, APPROVE A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; FIND THAT THE PROJECT WILL HAVE AN IMPACT ON FISH AND/OR WILDLIFE HABITAT AND APPROVE THE COLLECTION OF DEPARTMENT OF FISH AND GAME FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5. THE PROJECT FEES ARE PAYABLE BY THE PROJECT APPLICANT UPON FILING OF THE NOTICE OF DETERMINATION BY THE LEAD AGENCY; AND 3. SUBJECT TO FINDINGS III(A-K) AS DETAILED IN THE STAFF REPORT DATED AUGUST 27, 2002, FIND THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358; ADOPT AN ORDINANCE REZONING FROM SR-1 (SUBURBAN RESIDENTIAL - 1 ACRE PARCELS) TO L-I (LIMITED INDUSTRIAL), AND A RESOLUTION AMENDING THE GENERAL PLAN FROM AGRICULTURAL RESIDENTIAL TO INDUSTRIAL, PROPERTY IDENTIFIED AS AN 8.2 (+/-) ACRE PORTION OF APN 040-030-055, SUBJECT TO THE CONDITIONAL ZONING AGREEMENT ATTACHED TO THE ZONING ORDINANCE AS EXHIBIT "A" AS CONTAINED IN THE STAFF REPORT DATED AUGUST 27, 2002, AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-13-02 [5.01]) 4.11 Sacramento River Conservation Area and Proposed Regulations - Report to the Board - presentation of the County Counsel staff report on the Sacramento River Conservation Area and proposed regulations regarding property acquisition for wildlife conservation purposes - action requested - PROVIDE STAFF DIRECTION AS REQUIRED. (FROM 7-9-02 [4.04]) Page 17 August 27, 2002 Time Item No. 4.12 Items removed from the Consent Agenda for Board consideration and action. 4.13 Recess as the Butte County Board of Supervisors and convene as the Butte County In-Home Supportive Services Public Authority. BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY AGENDA AUGUST 27, 2002 1.00 Call to Order 2.00 Consent Agenda 2.01 California Public Employees' Retirement System - consideration of an agreement with the California Public Employees' Retirement System for actual valuations required by Section 20466 of the Public Employees' s Retirement Law for the purpose of determining the contributions to be made by the Public Authority for employee retirement benefits. The cost of the agreement is $700, and there are sufficient funds within the budget to cover the expenditure - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 3.00 Public Comment 4.00 Adjournment ADJOURN AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AND RECONVENE AS THE BUTTE COUNTY BOARD OF SUPERVISORS. Butte County Board of Supervisors Agenda 5.00 Public Hearing and Timed Items 10:00 A.m. 5.01 Public Hearing - Supervisorial Redistricting - consideration of the adoption of a redistricting plan and enactment of an ordinance redistricting the Butte County supervisorial districts - action requested - ADOPT PLAN; AND WAIVE READING OF ORDINANCE. Page 18 August 27, 2002 Time Item No. 10:30 A.m. 5.02 Continued Public Hearing - Raymond Teesdale - Tentative Parcel Map and Lot Line Adjustment - Appeal - consideration of an appeal of the Development Review Committee's denial of a Tentative Parcel Map and Lot Line Adjustment to divide a 46.28 acre parcel into four 10 acre lots and a 6.28 acre remainder on property zoned A-5 (Agricultural - 5 acre parcels). The property is located approximately 1,300 feet north of Central House Road on the west side of the western Pacific Railroad tracks, near the intersection of Central House Road and Lone Tree Road, Oroville, and identified as APN 028-020-054 and 046 (CS [T PM 02-19]) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. SUBJECT TO FINDINGS I(A AND B) AS DETAILED IN THE STAFF REPORT DATED AUGUST 2 7 , 2 0 02 , FIND THAT THE A- 5 ZONE AND THE PROPOSED PROJECT IS NOT CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN; AND 2. DENY THE APPEAL FOR TENTATIVE SUBDIVISION MAP 02-19 FOR RAYMOND TEESDALE. (FROM 7-23-02 [5.02]) 10:45 A.m. 5.03 * Public Hearing - Ordinance Amending Chapter 2 of the Butte County Code Regarding Fees for Service - consideration of an ordinance amending Section 2 of the Butte County Code regarding fees for services rendered by the County Clerk- Recorder - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. 11:00 A.m. 5.04 * Timed Item - Report to the Board - Butte County General Plan Technical Update work Program - report to the Board on the Technical Update work Program. The program is designed to ensure the legal adequacy of the General Plan and to reformat General Plan documents to increase their usefulness. The work program is not designed to address significant land use or policy issues - action requested - ACCEPT FOR INFORMATION AND PROVIDE STAFF DIRECTION AS NEEDED. Page 19 August 27, 2002 Time Item No. 1:30 p.m. 5.05 Continued Public Hearing - Butte County Fiscal Year 2002-2003 Final Budget - action requested: 1. TAKE ANY REMAINING COMMENTS THEN CLOSE THE PUBLIC HEARING; 2. APPROVE PRELIMINARY FINAL BUDGET ADJUSTING ENTRIES AS RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER AND PREPARED BY THE AUDITOR-CONTROLLER; 3. PROVIDE STAFF DIRECTION ON BOARD'S FINAL BUDGET ADJUSTMENTS (IF ANY); AND 4. DIRECT ADOPTION OF THE FINAL BUDGET FOR FISCAL YEAR 2002-2003 BE PLACED ON THE AGENDA OF SEPTEMBER 10, 2002. (FROM 8-13-02 [5.03] ) 6.00 Public Comment COMMENTS REGARDING ITEMS NOT LISTED ON THE AGENDA. PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED FROM TAKING ACTION ON ANY ITEM NOT LISTED ON THE AGENDA. THE BUTTE COUNTY BOARD OF SUPERVISORS' AGENDAS AND MINUTES ARE AVAILABLE ON THE WORLD WIDE WEB AT WWW.BUTTE000NTY.NET/COB. If you would like to receive your agenda by email, please send your request to Mreeves(a~buttecounty.net. Page 20 August 27, 2002