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HomeMy WebLinkAboutA042401BOARD OF SUPERVISORS AGENDA R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District KIM YAMAGUCHI, 5th District April 24, 2001 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 Don North, Trinity Bible Church, Oroville. 3.00 Consent A ecr nda Minutes 3.01 * Approval of Minutes - action requested - APPROVE MINUTES OF MARCH 27, 2001. Budget 3.02 * Budget Transfers - action requested - APPROVE BUDGET Transfers TRANSFERS B-308 (FIRE); AND B-307 (PUBLIC WORKS). (Budget transfers listed above require a 4/5 vote). Donations 3.03 County Library Donation - in accordance with Government Code Section 25355, a donation of $650 from Paradise Friends of the Library has been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION. 3.04 * County Fire Donation - in accordance with Government Code Section 25355, a donation of a Sears Craftsman Snow Blower from Mary E. Sanders of Oroville, has been received by the Butte County Fire Department in appreciation of the "Amador Funded" Robinson Mill Fire Station Crew - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION. Time Item No. Land Use 3.05 * Board of Supervisors General Plan Amendment and Rezone for the Area in and Around the Sphere of Influence for the City of Gridley - Report to the Board - pursuant to Butte County Code Sections 24-30(b), 24-25.30 and 24-25.40(a) and (b), the Development Services Department submits the Planning Commission Action Report on a proposed General Plan Amendment, changing the land use designations on the Gridley/Biggs Area Plan Map, as well as amendments to the Gridley Urban Reserve Map, and policies in the Land Use Element in and around the Sphere of Influence of the City of Gridley. The Planning Commission has recommended approval of the General Plan Amendment and Rezone - action requested - ACCEPT FOR INFORMATION; AND SET A PUBLIC HEARING FOR CONSIDERATION OF THIS MATTER FOR MAY 8, 2001, AT 10:30 A.M. Fixed 3.06 * Information Systems - Request to Alter Fixed Asset Assets and Purchases - Board approval is requested by the Facilities Information Systems Department to cancel the purchase of a RAID 8000 Storage System ($40,000) approved in the department's Fiscal Year 2000-2001 Final Budget, and to utilize those funds to purchase an E-Commerce Security System in the estimated amount of $5,000, and an Inverse Muliplexor in the estimated amount of $35,000. The department is making the request in response to changes in computer technology and projected power supply problems - action requested - APPROVE CANCELLATION OF FIXED ASSET ITEM PURCHASE IN THE AMOUNT OF $40,000 AND APPROVE PURCHASE OF TWO ALTERNATIVE FIXED ASSET ITEMS IN THE AMOUNT OF $40,000. 3.07 * Information Systems - Communications Division - Request to Alter Fixed Asset Purchases - Board approval is requested by the Information Systems Department-Communications Division to cancel the purchase of a spectrum analyzer, digital error rate tester, power monitor systems, and trans impairment system ($42,300) approved in the department's Fiscal Year 2000-2001 Final Budget, and to utilize those funds to replace the existing receivers in the Sheriff's Office voter/receiver system with five new receivers, one leased line eliminator, and one sub- comparator system with controller. The department is making the request in response to maintenance problems with the original equipment and changes in radio technology - action requested - APPROVE CANCELLATION OF PURCHASE OF FIVE FIXED ASSET ITEMS IN THE AMOUNT OF $42,300, AND APPROVE THE PURCHASE OF FOUR ALTERNATIVE FIXED ASSETS IN THE AMOUNT OF $42,300. Page 2 April 24, 2001 Time Item No. Audit and 3.08 * Supplemental Local Law Enforcement Fund/Citizen's Finance Option for Public Safety (COPS) Program - Board approval is requested by the District Attorney to appropriate $145, 357 in prior year COPS funds to the current year COPS budget. The District Attorney is requesting to combine these funds with current year funds for a total of $220,108 which will be used to purchase equipment and software necessary to interface with the Court's automated calendar/case tracking system, purchase a web site server and switching equipment for law enforcement access to the District Attorney's automated system, and to fund the purchase of computers - action requested - APPROVE BUDGET TRANSFER B-305 (4 /5 vote required) ACCEPTING PRIOR YEAR FUNDS IN THE AMOUNT OF $145, 357 TO THE CURRENT YEAR BUDGET AND APPROPRIATING THE FUNDS AS DETAILED IN THE STAFF REPORT; AND APPROVE PURCHASE OF FIXED ASSET ITEMS AS DETAILED IN THE STAFF REPORT. 3.09 * Treasurer-Tax Collector - Release of Encumbrance - Board approval is requested by the Treasurer-Tax Collector to release a prior year encumbrance of $2,777 to augment the current fiscal year mail processing services agreement. As a result of the enhanced collection agreement with the courts, the mailing costs for this fiscal year will exceed the department's budgeted amount. These collection efforts generate revenue, and the department is requesting the funds to continue the service - action requested - APPROVE RELEASE OF A PRIOR YEAR ENCUMBRANCE; AND APPROVE BUDGET TRANSFER B-306 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. 3.10 * Introduction of an Ordinance Delegating Investment Authority to the Treasurer - Government Code Section 53607 allows the Board of Supervisors to delegate investment authority to the Treasurer on an annual basis. The proposed ordinance will provide investment authority to the Butte County Treasurer- Tax Collector for Fiscal Year 2001-2002 - action requested - WAIVE READING OF THE ORDINANCE. 3.11 * Relief of Accountability - Treasurer-Tax Collector - Board approval is requested by the Treasurer-Tax Collector for relief of accountability for $20 missing from the receipts of March 12, 2001. The Auditor found no evidence of fraud or gross negligence - action requested - GRANT RELIEF OF ACCOUNTABILITY. Page 3 April 24, 2001 Time Item No. 3.12 * District Attorney/welfare Department - Board approval is requested by the District Attorney and the welfare Department to accept and appropriate $106,904 in unanticipated revenue received from the Fraud Incentive program. The funds will be divided between the welfare Department ($53,452) and the District Attorney's Office ($53,452). Board approval is requested by the welfare Department to utilize their portion of the funds to reduce the amount of general purpose revenue in the department's appropriations. Board approval is requested by the District Attorney to purchase computer equipment to upgrade the equipment in the welfare Fraud Unit, and to purchase a van to be used in fraud investigations - action requested - APPROVE BUDGET TRANSFER B-304 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE PURCHASE OF A VEHICLE BY THE DISTRICT ATTORNEY FOR THE WELFARE FRAUD UNIT. Ordinances 3.13 Adoption of a Salary Ordinance Amendment - the and Public works Department has requested the Personnel Resolutions Department prepare a salary ordinance amendment which increases the salary range for the positions of Engineering Aide I ($12.30-$14.95 to $12.80- $15.55); Engineering Aide II ($13.59-$16.52 to $14.14-$17.19); Engineering Technician I ($15.79- $19.19 to $16.42-$19.96); and Engineering Technician II ($17.44-$21.20 to $18.14-$22.05) effective March 31, 2001, as a result of a classification study. The ordinance also creates the classification of Engineering Technician III ($19.96-$24.26); and flexibly staffs all Engineering Technician II positions to Engineering Technician II/III positions - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-10-O1 [3.11] ) 3.14 Adoption of a Salary Ordinance Amendment - the welfare Department has requested the Personnel Department prepare a salary ordinance amendment which adds one flexibly staffed position of Principal Analyst/Administrative Analyst III/II/I to support analyst activities associated with CalWORKs incentive revenues - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-10-O1 [3.12]) Page 4 April 24, 2001 Time Item No. 3.15 Adoption of a Salary Ordinance Amendment - the Development Services Department has requested the Personnel Department prepare a salary ordinance amendment which corrects the effective date of the salary amendment for the position of Geographic Information System (G.I.S.) Manager, retroactive to the Memorandum of Understanding parity adjustment of October 2, 1999 - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-10-O1 [3.13] ) 3.16 Adoption of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which extends the term position of Program Manager- Butte County Children and Families Commission to June 30, 2002. The position is fully funded by the Butte County Children and Families Commission - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-10-O1 [3.14]) 3.17 Adoption of an Ordinance - Olive Fruit Fly - Board approval is requested by the Agricultural Commissioner for an ordinance which would provide additional protection to the local olive industry by requiring inspections of potentially infested fruit coming to Butte County from other areas, and allowing action to be taken on olive trees that are found to be infested within Butte County - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-10-O1 [3.15]) 3.18 * Introduction of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which adds one position of Supervisor-Clerical Support Services to the Bad Check Unit of the Criminal Division. The position is being added in response to growth in the division which has necessitated daily supervision. The department intends to fill the new position by promoting from within, then deleting the resulting vacant position - action requested - WAIVE READING OF THE ORDINANCE. Page 5 April 24, 2001 Time Item No. 3.19 * Introduction of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which deletes one flexibly staffed position of Legal Typist Clerk/Office Assistant III, and adds one position of Investigative Assistant to the Child Abduction Unit. The position is being modified to better reflect the duties performed by the incumbent. Child Abduction Unit positions are funded with 1000 State funds - action requested - WAIVE READING OF THE ORDINANCE. 3.20 * Introduction of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which adds one term position of Investigative Assistant in support of the Probation Department's Memorandum of Understanding for implementation of a warrant Team (see item 3.30). This position will be funded with grant funds by way of a monthly billing to the Probation Department - action requested - WAIVE READING OF THE ORDINANCE. 3.21 * Introduction of a Salary Ordinance Amendment - the District Attorney-Family Support Division has requested the Personnel Department prepare a salary ordinance amendment which adds four flexibly staffed positions of Family Support Case Manager III/II/I, one flexibly staffed position of Office Assistant III/II/I, and one position of Administrative Services Assistant in support of the State mandated Customer Service Plan approved by the Board on April 10, 2001 - action requested - WAIVE READING OF THE ORDINANCE. 3.22 * Introduction of a Salary Ordinance Amendment - the District Attorney-Family Support Division has requested the Personnel Department prepare a salary ordinance amendment which creates the classification of Chief Child Support Attorney (Step 1 [$33.67] - Step 5 [$40.92]) to the Salary Plan for Classified Positions, Reference F, Management, Confidential and Supervisory Unit Classifications. The position is being created in preparation for the transition of the Family Support Division to its own department - action requested - WAIVE READING OF THE ORDINANCE. Page 6 April 24, 2001 Time Item No. 3.23 * Resolution Establishing the Recognition of wildfire Awareness week - Board approval is requested by the Fire Department for a resolution establishing the Recognition of wildfire Awareness week, May 13-19, 2001 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Roads 3.24 * Quincy Engineering, Inc. - widening of Skyway from Pentz Road to Southpark Drive - Board approval is requested by the Public works Department for an agreement with Quincy Engineering, Inc., for the preparation of environmental documents and preliminary design studies for the road widening project on Skyway from Pentz Road to Southpark Drive. The term of the agreement is May 1, 2001, through June 30, 2004, with a maximum amount payable of $620,244.29. The department's budget contains $500,000 for this agreement, and Board approval is also requested for a budget transfer of $120,245 in department funds to provide the additional funding - action requested - APPROVE BUDGET TRANSFER B-309 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE IN THE AMOUNT OF $120,245; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Agreements 3.25 * State water Resources Control Board - Chico Urban and Area Nitrate Compliance Program - Board approval is Grants requested by the Administrative Office for a grant application to the Small Communities Grant Program administered by the State water Resources Control Board, for funds to assist in the installation of necessary public improvements in the unincorporated territory of the Chico Urban Area north of Eaton Road. Proposed is an initial planning grant application with a total maximum allowance of $113,000 - action requested - ADOPT RESOLUTION AUTHORIZING SUBMISSION OF THE GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. 3.26 * State Department of Mental Health - Performance Contract - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with the State Department of Mental Health for the provision of inpatient hospital services to the acutely mentally ill. The term of the agreement is July 1, 2000, through June 30, 2001. There is no cost to the County for this mandated performance contract - action requested - ADOPT RESOLUTION APPROVING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X12007) Page 7 April 24, 2001 Time Item No. 3.27 * Sacramento Valley Family Services - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Sacramento Valley Family Services for the provision of Therapeutic Behavioral Services to County clients. The amendment provides for language clarification with regards to compensation criteria, hourly rate, and limits of the maximum monthly payment for each claim. All other terms and provisions, including the term and the maximum amount payable, remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11739) 3.28 * Butte County Department of Behavioral Health/Butte County Department of Public Health - Memorandum of Understanding - Board approval is requested by the Butte County Department of Behavioral Health for a Memorandum of Understanding (MOU) with the Butte County Department of Public Health to provide for the collaborative implementation of a comprehensive System of Care to children and families. The term of the agreement is July 1, 2000, through June 30, 2003, with a maximum amount payable to the Public Health Department of $180,000 (department budget) over the multi year term - action requested - APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE AUDITOR TO TRANSFER FUNDS FROM BEHAVIORAL HEALTH TO PUBLIC HEALTH. 3.29 * Northern California Breast Cancer Partnerships Grant - Board approval is requested by the Library to apply to the Northern California Breast Cancer Partnership for a grant in the amount of $3,000 for funds to purchase materials and programs to educate the public about breast cancer - action requested - APPROVE SUBMISSION OF GRANT APPLICATION. Page 8 April 24, 2001 Time Item No. 3.30 * Butte County Probation Department/Butte County District Attorney/Butte County Sheriff's Office - Memorandum of Understanding - Board approval is requested by the Probation Department for a Memorandum of Understanding (MOU) with the Butte County District Attorney and the Butte County Sheriff's Office for the implementation of the Butte County warrant Team Program. The Probation Department has received a Bureau of Justice Assistance Local Law Enforcement Block Grant in the amount of $75,547 for the program. A portion of the grant funding will be utilized to fund one term full-time equivalent Investigative Assistant position within the District Attorney's Office. The grant does require an in-kind match of $8,395 which will be provided equally by each department's personnel at no cost to the County. The term of the MOU is September 1, 2000, through August 31, 2002 - action requested - APPROVE BUDGET TRANSFER B-303 (4/5 vote required) ACCEPTING AND APPROPRIATING GRANT FUNDS; AND APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.31 * Ray Bowen - Amendment - Board approval is requested by the Probation Department for an amendment to the lease agreement with Ray Bowen for the property located at 585 Manzanita Avenue, Suite 2B, Chico. The amendment extends the term of the agreement through June 30, 2002, at the continued lease rate of $1,322.09 per month (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11417) 3.32 * Ray Bowen - Amendment - Board approval is requested by the Probation Department for an amendment to the lease agreement with Ray Bowen for the property located at 585 Manzanita Avenue, Suite 3, Chico. The amendment extends the term of the agreement through June 30, 2002, at the continued lease rate of $1,111.88 per month (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11543) Page 9 April 24, 2001 Time Item No. 3.33 * Physical and Occupational Therapy Services - Amendments - Board approval is requested by the Public Health Department for amendments to the agreements with several physical and occupational therapists for the provision of services to eligible children under the California Children's Services program. As a result of the increased need for services, the amendments increase the maximum amounts payable as follows: Teresa wood-Hansen - $4,000 (Contract No. X11669); Susan McManus - $7,000 (Contract No. X11666); Monica Schwartz - $4,000 (Contract No. X11668); and Bonnie Deer - $5,000 (Contract No. X11665). All other terms and provisions remain the same. Funding for the amendments is available in the department's current year budget - action requested - APPROVE AGREEMENT AMENDMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 3.34 * CALFED Watershed Program - the CALFED Watershed Program has released a Request For Proposal for funding for watershed projects and programs. Two watershed groups within Butte County, the Cherokee watershed Group and the Butte Creek watershed Conservancy, have been requested to submit a full grant proposal for consideration. Both agencies are requesting Board approval to have the County act as their fiduciary agent, and to assume the administrative duties associated with the grant funding - action requested - ACCEPT THE RECOMMENDATION OF THE DEPARTMENT OF WATER AND RESOURCE CONSERVATION AND APPROVE THE GRANT PROPOSALS FOR SUBMISSION TO THE CALFED WATERSHED PROGRAM, WITH THE COUNTY ACTING AS THE FIDUCIARY AGENT. 3.35 * Regents of the University of California-Davis - Amendment - Board approval is requested by the welfare Department for an amendment to the agreement with the Regents of the University of California- Davis, for the provision of training services to County staff. The amendment adds three additional days of training, and increases the maximum amount payable by $8,700 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11708) Page 10 April 24, 2001 Time Item No. Miscel- 3.36 * Child Support Services - Transition Plan - on laneous March 27, 2001, the Board adopted an ordinance establishing the Butte County Department of Child Support Services. The establishment of a new, independent department of Child Support Services is mandated by the State, and there will be no general fund cost to the County for the operation of the department. As part of the transition process, the District Attorney-Family Support Division and the Administrative Office submit a draft transition plan. The plan provides highlights of the transition and details the tasks accomplished to date, and those to be accomplished prior to the transition date. After Board approval, the transition plan will be submitted to the State Department of Child Support Services as required by law - action requested - APPROVE DRAFT TRANSITION PLAN AND AUTHORIZE THE DISTRICT ATTORNEY TO SIGN; AND DIRECT THE DISTRICT ATTORNEY AND CHIEF ADMINISTRATIVE OFFICER TO SUBMIT THE PLAN TO THE STATE OF CALIFORNIA DEPARTMENT OF SOCIAL SERVICES. 3.37 * County Service Areas - Street Lighting - Report to the Board - the Public works Department submits a report on the various County Service Areas that provide street lighting services, and how these areas may be affected by the rising cost of electricity - action requested - ACCEPT FOR INFORMATION. 3.38 * Non-Discrimination Policy and Procedure - Board approval is requested by the Personnel Department and County Counsel for a Non-Discrimination Policy and Procedure. The purpose of the policy and procedure is to establish a strong, effective Civil Rights Policy and Procedure; to encourage all citizens and employees to utilize all internal remedies available; to minimize complaints through preventive education, training, and communication; to achieve early and enduring resolution of complaints; and to gain support for Civil Rights compliance - action requested - ADOPT POLICY. 3.39 * CalWORKs County Plan Update - Board approval is requested by the welfare Department to certify the Butte County Community Service Plan Addendum and approve the attachments on the welfare-to-work Grant Program Addendum and the CalWORKs County Plan - action requested - CERTIFY THE COMMUNITY SERVICE PLAN ADDENDUM; APPROVE THE WELFARE-TO-WORK GRANT ADDENDUM; AND APPROVE THE REVISED BUTTE COUNTY CALWORKS PLAN. Page 11 April 24, 2001 Time Item No. 3.40 * Social Security Income/Social Security Supplemental (SSI/SSP) Advocacy Program Request For Proposal - Board approval is requested by the welfare Department to issue a Request For Proposal for an SSI/SSP Advocacy Program. The department will seek proposals from contractors, including advocacy agencies within Butte County, to provide legal services and outreach supportive services to participants referred through the SSI/SSP application and/or appeal process. The welfare Department anticipates utilizing $125,000 of TANF Fiscal Incentive Funds per fiscal year for the SSI/SSP Advocacy Program - action requested - APPROVE THE WELFARE DEPARTMENT'S ISSUANCE OF A REQUEST FOR PROPOSAL FOR THE SSI/SSP ADVOCACY PROGRAM. 4.00 Regular A ecr nda 4.01 Appointments - Boards, Commissions, and Committees. * 1. Appointments to listed vacancies. 4.02 Update on legislative and budget activities. (CHIEF ADMINISTRATIVE OFFICER) * 1. Letter of Support for Assembly Bill 40X (Steinberg) and Senate Bill 5X (Sher) - Board approval is requested by the Chief Administrative Office for a letter of support for Assembly Bill 40X, which would appropriate $350 million for grants and loans to cities, counties, or special districts, including school districts, to fund energy efficiency and conservation projects in facilities owned by those entities. Board approval is also requested for a letter of support for Senate Bill 5X, which would appropriate over $1 billion (with over $40 million for local governments) to implement energy conservation and efficiency programs in the public and private sectors - action requested - APPROVE LETTERS OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. Page 12 April 24, 2001 Time Item No. 4.03 * Butte County Adult Detention Facility Accreditation - presentation by the Butte-Glenn Medical Society of a certificate of two-year accreditation from the California Medical Association-Institute for Medical Quality to the Sheriff-Coroner for meeting medical standards for jail health care - action requested - ACCEPT FOR INFORMATION. (SHERIFF-CORONER/BUTTE GLENN MEDICAL SOCIETY) 4.04 * Resolution Amending the Butte County Conflict of Interest Code - consideration of a resolution amending the Butte County Conflict of Interest Code, revising the designated employees required to file, and revising the list of committees and commissions whose members must file Conflict of Interest Statements - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (COUNTY COUNSEL) 4.05 * Proposition 12 Funds - Report to the Board - discussion regarding the distribution of Proposition 12 funds for various park and recreation related purposes - action requested - THE ADMINISTRATIVE OFFICE RECOMMENDS THE BOARD DIRECT THE APPROPRIATION OF THE COUNTY'S ALLOCATION OF PER CAPITA PROPOSITION 12 FUNDS IN ACCORDANCE WITH THE PLAN OUTLINED IN EXHIBIT "A" OF THE STAFF REPORT DATED APRIL 17, 2001. SHOULD NEGOTIATIONS WITH THE PARADISE RECREATION AND PARK DISTRICT NOT RESULT IN AN AGREEMENT WITH THE DISTRICT TO ASSUME THE COUNTY'S OBLIGATION TO PROVIDE AND MAINTAIN VETERANS' MEETING FACILITIES, THE $200,000 PROPOSED FOR THIS PURPOSE SHOULD BE RETURNED TO THE BOARD FOR FURTHER CONSIDERATION. (CHIEF ADMINISTRATIVE OFFICER) 4.06 * Redistricting Update and Presentation of Time Line for Redistricting - Report to the Board - discussion of the redistricting process and presentation of a suggested time line for redistricting - action requested - DETERMINE THE COMPOSITION OF THE COMMITTEE TO DEVELOP REDISTRICTING RECOMMENDATIONS; ADOPT THE SUGGESTED TIME LINE FOR REDISTRICTING; AND SET A PUBLIC HEARING TO SET CRITERIA FOR DEVELOPMENT OF NEW SUPERVISORIAL BOUNDARIES AND TO RECEIVE INPUT FROM THE PUBLIC. (COUNTY CLERK- RECORDER/ADMINISTRATIVE OFFICE) Page 13 April 24, 2001 Time Item No. 4.07 * Department of Social welfare - 2000 Annual Report on Adult and Children's Services - presentation to the Board highlighting the Butte County Adult and Children's Services programs - action requested - ACCEPT FOR INFORMATION. (WELFARE DEPARTMENT) 4.08 * Transit Consolidation Study - Summary Report - presentation of a summary report and recommendations prepared by the Butte County Association of Governments regarding consolidation of transit services - action requested - ACCEPT THE TRANSIT CONSOLIDATION STUDY SUMMARY REPORT; AND APPOINT A BOARD MEMBER REPRESENTATIVE TO ATTEND THE BUTTE COUNTY ASSOCIATION OF GOVERNMENTS' WORKSHOPS ON POLICY LEVEL ISSUES FOR CONSOLIDATING TRANSIT SERVICES. (PUBLIC WORKS DEPARTMENT) 4.09 * Fee waiver for Additional Monitoring wells - consideration of a waiver of well permit fees for thirteen new monitoring wells within Butte County - action requested - ACCEPT THE RECOMMENDATION OF THE WATER AND RESOURCE CONSERVATION DEPARTMENT AND WAIVE ALL ASSOCIATED WELL PERMIT FEES FOR THIRTEEN ADDITIONAL NON-PRODUCING MONITORING WELLS. (WATER AND RESOURCE CONSERVATION) 4.10 * Implementation of Assembly Bill 2838 - Local Agency Formation Commission Funding Apportionment - discussion of County funding contributions to the Local Agency Formation Commission (LAFCo) - action requested - FIND THAT BUTTE COUNTY'S FISCAL CONSTRAINTS PRECLUDE ITS ABILITY TO OBLIGATE ADDITIONAL GENERAL PURPOSE REVENUE TO LAFCo OPERATIONS BEYOND THE 1/3 SHARE OF LAFCo's BUDGETED COSTS AS ESTABLISHED BY ASSEMBLY BILL 2838. (CHIEF ADMINISTRATIVE OFFICE) Page 14 April 24, 2001 Time Item No. 4.11 * Matters on which Public Hearings Have Been Held and Motions of Intent Have Been Adopted - Joint Actions and Resolution Amending the Butte County General Plan - Russell General Plan Amendment (GPA Ol-O1); Mooretown Rancheria General Plan Amendment and Rezone (GPA/RZ 99-03); Schuster General Plan Amendment and Rezone (GPA/RZ O1-05) and Tentative Subdivision Map (APL O1-06, TSM 00-03) - consideration of the actions needed to implement the Motions of Intent passed by the Board on February 27, 2001, March 13, 2001, and March 27, 2001 - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. RUSSELL GENERAL PLAN AMENDMENT (GPA Ol-Ol) A. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF REPORT DATED APRIL 24, 2001, ADOPT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; B. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR UNITED STATES FISH AND WILDLIFE SERVICE. THE PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; Page 15 April 24, 2001 Time Item No. 4.11 1. C. SUBJECT TO FINDINGS III(A-B) AS DETAILED (Cont. ) IN THE STAFF REPORT DATED APRIL 24, 2001, FIND THE GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358; D. SUBJECT TO FINDINGS IV(A-D) AS DETAILED IN THE STAFF REPORT DATED APRIL 24, 2001, ADOPT A JOINT RESOLUTION AMENDING THE GENERAL PLAN FROM GRAZING AND OPEN LAND TO AGRICULTURAL- RESIDENTIAL, ON PROPERTY IDENTIFIED AS A 25-ACRE PORTION OF APN 073-110-036, PLANNING DIVISION FILE GPA Ol-Ol AND AUTHORIZE THE CHAIR TO SIGN; 2. MOORETOWN RANCHERIA GENERAL PLAN AMENDMENT AND REZONE (GPA/RZ 99-03) A. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF REPORT DATED APRIL 24, 2001, ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; B. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT, AND APPROVE A "DE MINIMUS" EXEMPTION TO THE PAYMENT OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR UNITED STATES FISH AND WILDLIFE SERVICE. THE PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; Page 16 April 24, 2001 Time Item No. 4.11 2. C. SUBJECT TO FINDINGS III(A-B) AS DETAILED (Cont.) IN THE STAFF REPORT DATED APRIL 24, 2001, FIND THAT THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358; D. SUBJECT TO FINDINGS IV (A-G) AS DETAILED I N T H E S T A F F R E P O R T D ATE D APRIL 24, 2001, ADOPT A JOINT RESOLUTION AMENDING THE GENERAL PLAN FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL, AND ADOPT AN ORDINANCE REZONING PROPERTY IDENTIFIED AS A 5.45 ACRE PORTION OF APN 036-310-162 FROM AR (AGRICULTURAL RESIDENTIAL) TO C-1 (LIGHT COMMERCIAL) SUBJECT TO THE CONDITIONAL ZONING AGREEMENT ATTACHED TO THE ZONING ORDINANCE AS EXHIBIT "A" IN THE STAFF REPORT DATED APRIL 24, 2001, AND AUTHORIZE THE CHAIR TO SIGN; 3. STEPHEN J. SCHUSTER GENERAL PLAN AMENDMENT, REZONE, AND TENTATIVE SUBDIVISION MAP (GPA/RZ O1-05) AND (APL O1-06, TSM 00-03) A. SUBJECT TO FINDINGS I(A-F) AS DETAILED IN THE STAFF REPORT DATED APRIL 24, 2001, ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; Page 17 April 24, 2001 Time Item No. 4.11 3. B. FIND THAT THE DESIGN OF THE PROPOSED (Cont.) PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT, AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR UNITED STATES FISH AND WILDLIFE SERVICE. THE PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; C. APPROVE FINDINGS SUPPORTING AN OVERRIDE OF THE AIRPORT LAND USE COMMISSION'S FINDINGS OF INCONSISTENCY OF TSM-00-03 AND GPA/RZ 00-05 WITH THE 1978 CHICO MUNICIPAL AIRPORT ENVIRONS PLAN, AS AMENDED OCTOBER 21, 1998, AND DECEMBER 29, 1999, AS DETAILED IN THE STAFF REPORT DATED APRIL 24, 2001 (4 /5 vote required). THE BOARD HEREBY MAKES THE FINDINGS REQUIRED BY PUBLIC UTILITY CODE 21670 AND 21676 ET SEQ., AS SUPPORTED BY THOSE SPECIFIC FINDINGS SET FORTH IN THE STAFF REPORT DATED APRIL 24, 2001, WHICH FINDINGS ARE INCORPORATED HEREIN AND SUPPORT THE CONCLUSION THAT APPROVAL OF THE SCHUSTER GENERAL PLAN AMENDMENT, REZONE, AND TENTATIVE SUBDIVISION MAP (SCHUSTER PROJECT), AS DESIGNATED AND CONDITIONED, WILL NOT CREATE ANY NEW NOISE AND SAFETY PROBLEMS NEAR THE CHICO MUNICIPAL AIRPORT. (Continued on Page 19) Page 18 April 24, 2001 Time Item No. 4.11 3. C. FURTHERMORE, THE APPROVAL OF THE (Cont. ) SCHUSTER PROJECT, AS CONDITIONED, INCLUDES LAND USE MEASURES THAT MINIMIZE THE PUBLIC'S EXPOSURE TO EXCESSIVE NOISE, OVERFLIGHT AND SAFETY HAZARDS AND PROVIDE AIRSPACE PROTECTION. THESE CONCLUSIONS ARE SUPPORTED BY THE DETAILED INFORMATION CONTAINED IN THE ADMINISTRATIVE RECORD. THEREFORE, THE APPROVAL OF THE SCHUSTER PROJECT IS CONSISTENT WITH THE PURPOSES OF ARTICLE 3.5 OF CHAPTER 4 OF PART I OF DIVISION 9 OF THE PUBLIC UTILITIES CODE, AS STATED IN PUBLIC UTILITY CODE SECTION 21670. 4.12 Items removed from the Consent Agenda for Board consideration and action. 5.00 Public Hearincrs and Timed Items 10:30 A.m. 5.01 * Public Hearing - Formation of County Service Area No. 174 (Durham Land Estates) - consideration of a resolution approving the formation of County Service Area (CSA) No. 174 (Durham Land Estates) for the Durham Land Estates Subdivision, identified as APN 039-460-024 and 040, and located 200' south of Durham Dayton Highway, and 200' west of Holland Avenue, Durham (supervisorial district 4). On April 5, 2001, the Local Agency Formation Commission approved the formation of CSA No. 174 to provide storm drain maintenance and street lighting services. On February 28, 2001, the Board conducted a Property Owner Ballot Proceeding pursuant to Proposition 218, and the proposed resolution also establishes the maximum charges for the services provided. The Public works Department is also requesting the Board approve the final map for Durham Land Estates Phase 1 - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. ADOPT A RESOLUTION APPROVING FORMATION OF CSA NO. 174, DURHAM LAND ESTATES, AND ESTABLISHING THE MAXIMUM CHARGE FOR THE SERVICES PROVIDED; AND 2. APPROVE FINAL MAP FOR DURHAM LAND ESTATES PHASE 1, ACCEPT LOT A, SARAH ANN COURT, METZGER COURT, AND TRACY RANCH ROAD AS OFFERED IN ITEMS 1 AND 2 OF THE OWNER'S STATEMENT, ACCEPT EASEMENTS AS OFFERED IN ITEMS 3, 4, AND 5 OF THE OWNER' S STATEMENT ON BEHALF OF THE ENTITIES NAMED, AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. Page 19 April 24, 2001 Time Item No. 10:30 A.m. 5.02 * Public Hearing - Roberta Kirshner - Use Permit Appeal - consideration of an appeal of the Planning Commission's denial of a modification to Use Permit 98-09 for the Barry R. Kirshner wildlife Foundation, a non-profit organization (this is an item on which notice of intent to adopt a negative declaration regarding environmental impacts has been given) to allow eight additional large wild or exotic cats, and to allow forty additional wild or exotic animals that weigh 40 pounds or less. This will result in a total of sixteen large wild or exotic cats and forty-seven wild or exotic animals that weigh less than 40 pounds. The existing Use Permit for the animal park allows up to fifteen wild or exotic animals. Currently the applicant has fifteen wild or exotic animals, with eleven of those being of the cat family. Six 144 square-foot cages will be added to the site. Several smaller cages will be added to handle the proposed smaller animals. Anew 10-foot tall fence will be placed around an existing fenced animal-training area located in the southeast portion of the site. The new fence is to provide additional safety when training animals in the open area. The property is zoned A-10 (Agricultural - 10 acre parcels) and is located on the south side of Laura Lane, approximately 700 feet west of Lott Road, at 1843 Laura Lane, Durham, and identified as APN 040-260-072 (SB [File No. UP O1-10]) - action requested - STAFF RECOMMENDS THE BOARD TAKE ONE OF THE FOLLOWING ALTERNATIVE ACTIONS: 1. SHOULD THE BOARD CHOOSE TO DENY THE APPEAL, STAFF RECOMMENDS THE BOARD MAKE A MOTION OF INTENT TO DENY THE APPEAL AND DIRECT STAFF TO RETURN WITH FINDINGS FOR DENIAL; OR 2. SHOULD THE BOARD CHOOSE TO UPHOLD THE APPEAL AND APPROVE THE USE PERMIT, THE FOLLOWING ACTIONS SHOULD BE TAKEN: A. SUBJECT TO FINDINGS IV(A-E) AS DETAILED IN THE STAFF REPORT DATED APRIL 24, 2001, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED APRIL 24, 2001, UPHOLD APPEAL O1-08 FOR ROBERTA R. KIRSHNER; Page 20 April 24, 2001 Time Item No. 5.02 2. B. SUBJECT TO FINDINGS II (A-D) AS DETAILED (Cont.) IN THE STAFF REPORT DATED APRIL 24, 2001, ADOPT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; C. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4 (d) AND 14 CCR 753.5, AS THE PROPERTY DOES NOT CONTAIN ANY FISH OR WILDLIFE HABITAT; D. SUBJECT TO FINDING IV(A-E) AS DETAILED IN THE STAFF REPORT OF APRIL 24, 2001, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED APRIL 24, 2001, APPROVE USE PERMIT O1-10 FOR ROBERTA R. KIRSHNER TO ALLOW UP TO EIGHT ADDITIONAL LARGE WILD OR EXOTIC ANIMALS (FOR A MAXIMUM OF 16 LARGE ANIMALS ON THE SITE), AND UP TO 40 ADDITIONAL WILD OR EXOTIC ANIMALS THAT WEIGH LESS THAN 40 POUNDS (FOR A TOTAL OF 47 SMALL ANIMALS ON THE SITE), AND AUTHORIZE THE CHAIR TO SIGN. Page 21 April 24, 2001 Time Item No. 1:00 P.m. 5.03 * Continued Public Hearing - Cary Gunn - Use Permit/Mining Permit and Reclamation Plan (Roger and Vicky Stauffer) - consideration of an appeal of the Planning Commission's approval of a Use Permit and Mining Permit/Reclamation Plan (this is a project on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) to operate a surface aggregate mine. The proposed mine operation involves the extraction and processing of alluvial gravel from the 42-acre mine site in a series of 5 phases, with an average size of 8.4 acres each. The mine will be operated intermittently. Mining will occur on an upland terrace of Dry Creek. Production will equal approximately 50,000 to 250,000 tons per year, with a total estimated production of 650,000 tons of material. The mined material will be processed by a portable rock crusher and screen into various products. The processed material will be hauled off-site, via Wheelock Road. Each phase will be mined-out in approximately 6 months to 2 years, with the conclusion of all mining occurring in 2 to 8 years after permit approval. The expected termination date of the mine is November 2008. A Reclamation Plan has been submitted in accordance with the State Surface Mining and Reclamation Act. After final mining is completed, and the plan grade for each phase is achieved, the site shall be reclaimed to a condition that will allow for grazing uses. The final reclaimed condition of the mine site will result in a vegetated depression of 8 feet, with a gradual slope from the perimeter of the mined area, contoured to match the surrounding terrain. The proposed 42-acre mine site is located within a 536-acre parcel of the Lucky 7 Ranch, and lies on the south terrace of Dry Creek, west of and adjacent to Wheelock Road approximately one-third mile north of the intersection of Wheelock Road and State Highway 70 in the Pentz area, and identified as APN 041-120-115 (DB [File # MIN 98-02]) - action requested - SHOULD THE BOARD CHOOSE TO APPROVE THE PROJECT, STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF REPORT DATED APRIL 24, 2001, ADOPT A MITIGATED NEGATIVE DECLARATION; 2. REQUIRE THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL CAUSE ENVIRONMENTAL DAMAGE TO FISH AND WILDLIFE AND THEIR HABITAT; Page 22 April 24, 2001 Time Item No. 5.03 3. SUBJECT TO FINDINGS III(Al-8) AS DETAILED IN (Cont.) THE STAFF REPORT DATED APRIL 24, 2001, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED APRIL 24, 2001, DENY APPEAL 01-03 AND APPROVE MINING PERMIT 98-02. (FROM 3-27-O1 [5.02]) 6.00 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.) 7.00 Closed Session 7.01 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: INTERIM DIRECTOR- DEVELOPMENT SERVICES. 8.00 Communications 8.01 Communications received and referred. (A LISTING AND COPIES OF COMMUNICATIONS RECEIVED BY THE BOARD IN ADDITION TO THOSE LISTED BELOW ARE AVAILABLE IN THE CLERK OF THE BOARD'S OFFICE.) * 1. Marsh L. Berkbigler, Regional Director of Government Affairs, AT&T Broadband, writes to the Administrative Office to inform the County of changes to service delivery in the Oroville area. A copy of the agenda and supporting material provided to the Board of Supervisors members to explain each agenda item (excluding documents that are not a public record within the meaning of the Public Records Act) is available in the Administrative Office for your review. Please do not remove items from this file. A copy can be made for you at a charge to cover costs. The list of communications included with the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have been received but not included in the agenda supporting material. Copies of all communications received by the Board of Supervisors (excluding documents that are not a public record within the meaning of the Public Records Act) are available at the Administrative Office upon request. 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. The Board of Supervisors 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. Page 23 April 24, 2001