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HomeMy WebLinkAboutM011403BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 Called to Order at 9:05 a.m. in the Board County Administration Building, 25 County Cf Supervisors presents: Beeler, Dolan, Houx, Josiassen. Also present: Paul McIntosh, Officer; Bruce Alpert, County Counsel, Assistant Clerk of the Board. of Supervisors Room, inter Drive, Oroville. Yamaguchi, and Chair Chief Administrative and Marion Reeves, Pledge of Allegiance to the Flag of the United States of America. Changes and/or corrections to the Consent Agenda. (40) AMENDMENT TO ITEM 3.44 AND ITEM 4.04 REMOVED FROM THE REGULAR AGENDA. BOARD OF SUPERVISORS ORGANIZATION - Z O O 3 03-001 1. Comments by Chair Josiassen (86) CHAIR JOSIASSEN THANKED THE BOARD FOR THE OPPORTUNITY TO SERVE AS CHAIR IN THE LAST YEAR, WELCOMED THE NEW STAFF THAT WAS HIRED IN THE LAST YEAR, REFLECTED ON THE CHALLENGES AND ACCOMPLISHMENTS OF THE BOARD IN 2002, AND RECOGNIZED THE CHALLENGES THE COUNTY AND BOARD WILL FACE IN THE COMING YEAR. 2. Election of Board Chair MOTION: I MOVE TO NOMINATE SUPERVISOR BEELER TO SERVE AS CHAIR FOR 2003. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 3. Election of Board Vice Chair MOTION: I MOVE TO NOMINATE SUPERVISOR JOSIASSEN AS VICE CHAIR. S M VOTE: 1 Y 2 N 3 NV 4 Y 5 Y (Motion Carried) Comments by Supervisors: 1. New Chair (NONE) 2. Board Members (NONE) 03 -0 02 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION OR ACTION. 1. Comments to "Economic Analysis of Critical Habitat Designation for Vernal Pool Species" - presented are comments submitted to the United States Fish and Wildlife Service regarding the study entitled, "Economic Analysis of Critical Habitat Designation for Vernal Pool Species". The Administrative Office worked with the firm of Remy, Thomas and Moose, and the firm of Bay Area Economics to prepare the comments - action requested - ACCEPT FOR INFORMATION. (277) MINUTES PAGE 1 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 CONSENT AGENDA 03-003 1. Unanticipated Revenue - approval is requested to accept and appropriate $15,673 in unanticipated revenue from the Integrated Weed Management Plan Grant for fiscal year 2002- 2003. The department included $7,000 of the grant funds in their proposed budget, and the remaining $15,673 was to be allocated during final budget adjustments. The allocation of the remaining funds was inadvertently omitted from the final budget adjustments and the department is requesting the Board allocate the funds as detailed in the agenda report - action requested - APPROVE BUDGET TRANSFER B-202 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. 2. State Department of Pesticide Regulation - Amendment - approval is requested for an amendment to the revenue agreement with the State Department of Pesticide Regulation for funds to perform enforcement of pesticide permit regulations. The amendment revises the scope of work, amends the budget detail and payment provisions, and increases the maximum amount payable to the County by $6,037. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. (Contract No. R40465) 3. State Department of Food and Agriculture - approval is requested for a revenue agreement with the State Department of Food and Agriculture for funds to support High Risk Pest Exclusion Work Plans. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable to the County of $26,942 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40513) 4. State Department of Food and Agriculture - approval is requested for a revenue agreement with the State Department of Food and Agriculture for funds to place and service traps for the detection of exotic insect pests which are considered hazardous to agriculture and the economy of California. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable to the County of $44,752 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40511) 5. State Department of Alcohol and Drug Programs - approval is requested for a grant award agreement (Project Year 3) with the State Department of Alcohol and Drug Programs for funds to support the Drug Court Program. The term of the grant remains December 29, 2000, through December 28, 2004, with a maximum amount payable to the County for Project Year 3 (December 29, 2002, through December 28, 2003) of $51,363 - action requested - ADOPT RESOLUTION 03-001 APPROVING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MINUTES PAGE 2 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-003 6. Prevention Education Network - Amendment - approval is requested for an amendment to the revenue agreement with the Prevention Education Network for funds to provide the required annual evaluation services of their Drinking Driver Program. The amendment increases the maximum amount payable to the County by $250 to cover the cost of an additional evaluation requirement. All other terms and provisions remain the same. Board approval is also requested for a budget transfer to accept and appropriate the additional funds - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-193 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. (Contract No. R40495) 7. Counseling Solutions - Amendment - approval is requested for an amendment to the agreement with Counseling Solutions for the provision of mental health services to children receiving Medi-Cal benefits. The amendment extends the term of the agreement through June 30, 2003, and decreases the maximum amount payable by $196. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13625) 8. Youth For Change - approval is requested for an agreement with Youth For Change for the provision of short-term shelter care beds in support of the Homeless Emergency Runaway Effort (HERE) Program. The term of the agreement is December 1, 2002, through September 29, 2003, with a maximum amount payable of $36,360 ($25,440 for fiscal year 2002-2003 and $10,920 for fiscal year 2003-2004 [department budget]) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13950) 9. Sutter Center for Psychiatry - Amendment - approval is requested for an amendment to the agreement with Sutter Center for Psychiatry for the provision of inpatient hospitalization of adolescents referred by Behavioral Health. The amendment extends the term of the agreement though June 30, 2003, revises the rate exhibit for fiscal year 2002-2003, and includes language regarding projected rate increases. All other terms and provisions remain the same. Funding for the agreement is provided by Inpatient Consolidation funds and claims are paid directly by the State - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13459) MINUTES PAGE 3 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-003 10. Enloe Medical Center - Amendment - approval is requested for an amendment to the agreement with Enloe Medical Center for the provision of initial medical evaluations of individuals prior to admission to the County's Psychiatric Health Facility. The amendment decreases the maximum amount payable by $43,760. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 11. State Department of Mental Health - Amendment - approval is requested for an amendment to the agreement with the State Department of Mental Health for Managed Care services. Under the agreement the department contracts with mental health specialty providers to treat clients who qualify for Medi-Cal funded outpatient mental health services. The amendment effects changes to the requirements for the delivery of day treatment intensive, day rehabilitation, and therapeutic behavioral services and adds language regarding compliance with privacy requirements of the Health Insurance Portability and Accountability Act. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. R40472) 12. Samuel A. Brown, M.D. - Amendment - approval is requested for an amendment to the agreement with Samuel A. Brown, M.D., for the provision of services in the specialized field of psychiatry. The amendment revises the insurance requirements for the contractor. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11615) 13. Ratify Observance of Half-Day Holiday - approval is requested to ratify the Chief Administrative Officer's action to grant a half-day paid holiday to Butte County employees on December 24, 2002, in concert with the declaration by President George W. Bush to grant the half- day holiday to federal employees - action requested - RATIFY ACTION. 14. Savings Incentive Program Calculations - submitted are the Administrative Office's calculations and recommendations for Savings Incentive Program payments to departments. Departments have been advised that the Administrative Office will present the Board with a list of expenditures for the Savings Incentive Program funds at the meeting of January 28, 2003 - action requested - ACCEPT AS INFORMATION; AND DIRECT THE ADMINISTRATIVE OFFICE TO WORK WITH DEPARTMENTS TO BRING FORWARD FOR BOARD APPROVAL PROPOSED EXPENDITURE PLANS AND REQUIRED BUDGET TRANSFERS. MINUTES PAGE 4 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-003 15. Dr. and Mrs. M. Robert Ching - approval is requested for a lease agreement with Dr. and Mrs. M. Robert Ching for the property located at 1474 Myers Street, Oroville (City of Paris Building). The term of the agreement commences December 1, 2002, and continues on a month-to month basis. The maximum amount payable is $94,542.72 per fiscal year ($7,878.56 per month [department budget]) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X13974) 16. Charles Carey and Sherry Carey - approval is requested for a lease agreement with Charles Carey and Sherry Carey for the properties located at 1997 Bird Street and 1420 Myers Street, Oroville. The term of the agreement is December 1, 2002, through June 30, 2003, with a maximum amount payable of $38,556 ($5,508 per month [department budget]) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13972) 17. Approval of Minutes - action requested - APPROVE MINUTES OF OCTOBER 8, 2002; OCTOBER 22, 2002; NOVEMBER 12, 2002; AND DECEMBER 10, 2002. 18. Community Action Agency - action requested - REAPPOINT PETE WITHAM, SR., DISTRICT 5 REPRESENTATIVE, TO A TERM TO END DECEMBER 31, 2005. 19. Board of Appeals for Disabled Access - action requested - REAPPOINT STEVE GILMORE AND DENNIS MORLAND, CONSTRUCTION MEMBER REPRESENTATIVES; TOM EDGAR AND JAY HARRIS, DISABLED MEMBER REPRESENTATIVES; AND ROCKY BURKS, PUBLIC MEMBER REPRESENTATIVE TO TERMS TO END JANUARY 18, 2005. 20. Parent Education Network - approval is requested for an agreement with Parent Education Network for the provision of a Parent Talkline. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $35,052. The department budget currently has $30,000 available for the agreement and Board approval is also requested for a budget transfer of $5,052 from the Frank Watters Children's Trust Fund for the remaining needed funding - action requested - APPROVE BUDGET TRANSFER B-194 (4/5 vote required); APPROVE APPROPRIATION FOR EXPENDITURE OF $5,052; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13962) MINUTES PAGE 5 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-003 21. CalWORKs Performance Incentive Allocation Revenue - approval is requested to accept and appropriate the final allocation for CalWORKs Performance Incentive Funds in the amount of $2,900,000. The department postponed inclusion of the allocation in the department's final budget based on the uncertain State budget situation. The final allocation has now been received and the department is requesting the Board accept the funds and appropriate them as detailed in the agenda report. The department plans to utilize $100,000 to purchase 5 vehicles, and Board approval is also requested for the fixed asset purchase of those vehicles - action requested - APPROVE BUDGET TRANSFER B-195 (4/5 vote required) ACCEPTING AND APPROPRIATING THE FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE PURCHASE OF 5 FIXED ASSETS VEHICLES IN THE TOTAL AMOUNT OF $100,000. 22. Parent Education Network - approval is requested for an agreement with Parent Education Network for the provision of Promoting Safe and Stable Families program services. The term of the agreement is October 1, 2002, through September 30, 2005, with a maximum amount payable of $129,843 ($32,460.75 for fiscal year 2002-2003). Funding for the program is provided by the State and funds have been included in the department's budget - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13939) 23. Northern Valley Catholic Social Service - approval is requested for an agreement with Northern Valley Catholic Social Service for the provision of Promoting Safe and Stable Families program services. The term of the agreement is October 1, 2002, through September 30, 2005, with a maximum amount payable of $67,235.76 ($16,808.94 for fiscal year 2002-2003). Funding for the program is provided by the State and funds have been included in the department's budget. Board approval is also requested to appropriate $25,000 of the State's allocation to the department's expenditure account for use by the department - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B- 209 (4/5 vote required) APPROPRIATING $25,000 FROM THE STATE ALLOCATION AS LISTED IN THE AGENDA REPORT. 24. Memorandum of Understanding - Public Health Department - approval is requested for a Memorandum of Understanding with the Public Health Department for the provision of Public Health Nursing Services for Adult and Children's Services programs. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $425,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13916) MINUTES PAGE 6 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-003 25. Memorandum of Understanding - Public Health Department - approval is requested for a Memorandum of Understanding with the Public Health Department for the provision of medical support services for the Supplemental Security Income (SSI) program. The term of the agreement is January 1, 2003, through June 30, 2003, with a maximum amount payable of $80,000. To fund the agreement the department is requesting the Board approve the appropriation of $80,000 of unanticipated Federal Temporary Assistance for Needy Families (TANF) Welfare Performance Incentive funds, and to encumber that amount in the CalWORKs budget unit for payment of the agreement - action requested - APPROVE BUDGET TRANSFER B-207 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FEDERAL TANF REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 26. Valley Oak Children's Services - approval is requested for an agreement with Valley Oak Children's Services for the provision of a Children's Behavioral Pilot Project. The program will provide counseling and outreach services to children with behavioral problems. The term of the agreement is January 1, 2003, through June 30, 2003, with a maximum amount payable of $51,264. To fund the agreement the department is requesting the Board approve the appropriation of $51,264 of unanticipated Federal Temporary Assistance for Needy Families (TANF) Welfare Performance Incentive funds, and to encumber that amount in the CalWORKs budget unit for payment of the agreement - action requested - APPROVE BUDGET TRANSFER B-203 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FEDERAL TANF REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13964) 27. Valley Oak Children's Services - approval is requested for an agreement with Valley Oak Children's Services for the provision of a Caregiver Workshop and Incentive Program. The term of the agreement is January 1, 2003, through June 30, 2003, with a maximum amount payable of $29, 900. To fund the agreement the department is requesting the Board approve the appropriation of $29,900 of unanticipated Federal Temporary Assistance for Needy Families (TANF) Welfare Performance Incentive funds, and to encumber that amount in the CalWORKs budget unit for payment of the agreement - action requested - APPROVE BUDGET TRANSFER B-200 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FEDERAL TANF REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13965) MINUTES PAGE 7 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-003 28. Sacramento Service and Development Corporation - Amendment - approval is requested for an amendment to the agreement with Sacramento Service and Development Corporation for direct mail food stamp issuance services. The amendment extends the term of the agreement through December 31, 2004, or until transition to the Electronic Benefit Program is complete. The fixed rate fee for the service remains $8,500 (department budget) per month. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11469) 29. El Medio Fire Protection District - approval is requested for a revenue agreement with the El Medio Fire Protection District for the provision of dispatch services to the District. The term of the agreement is July 1, 2002, through June 30, 2003, with a payment rate to the County of $25.00 per call. The agreement provides for a 12 month extension if no charges are incurred and a new agreement is not signed - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40517) 30. Butte County Fire Safe Council - HR-2389 Secure Rural Schools and Community Self Determination Act of 2000 - approval is requested to accept the recommendations for projects that will qualify for HR-2389 Title III funding. The Butte County Fire Safe Council has fulfilled the 45-day comment period with no comments received. Board approval is also requested to accept and appropriate the $170,999 received under the act - action requested - APPROVE PROJECTS; AND APPROVE BUDGET TRANSFER B-211 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 31. Budget Mail, Inc. - approval is requested for an agreement with Budget Mail, Inc., for the provision of mail bar- coding and transportation of County mail to the United States Post Office. The term of the agreement is January 14, 2003, through December 31, 2005. Bar-coding of the mail allows the contractor to receive a rebate from the United States Postal Service and under the terms of the agreement the contractor will reimburse the County 150 of the rebate received. There is no cost to the County for the transportation of the mail to the Post Office - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. MINUTES PAGE 8 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-003 32. Fresh and Clean Janitorial - Amendment - approval is requested for an amendment to the agreement with Fresh and Clean Janitorial for the provision of janitorial services for County leased buildings. The amendment increases the area being serviced to include the offices located at 1370 Ridgewood Plaza, Suites 21 and 22, Chico, effective October 9, 2002, and increases the maximum amount payable per month by $72.50 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11760) 33. State Domestic Preparedness Grant Allocation - approval is requested to accept and allocate $14,856.94 of a $124,069 State Domestic Preparedness Grant Allocation to the Emergency Services budget unit for the purchase of equipment to enhance terrorism response. The remaining funds will be allocated to support the Fire Chiefs Hazardous Materials Response Team - action requested - APPROVE BUDGET TRANSFER B-204 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE. 34. Resolution to Amend the Salary Ordinance - the department submits a resolution to amend the salary ordinance as follows: DISTRICT ATTORNEY-CRIMINAL - deletes one flexibly staffed sunset position of Legal Typist Clerk/Office Assistant III (end date of 6-30-03) DISTRICT ATTORNEY- CHILD SUPPORT INVESTIGATIONS - deletes one position of District Attorney Senior Investigator. Adds one flexibly staffed position of District Attorney Investigator II/I. PUBLIC HEALTH-GENERAL SERVICES - deletes one sunset position of Administrative Services Assistant (end date of 6-30-03), one flexibly staffed position of Staff Nurse III/I/I/Licensed Vocational Nurse and one flexibly staffed position of Medical Records Technician II/I. Adds one flexibly staffed sunset position of Administrative Services Assistant/Office Assistant III (end date of 6-30-03), one position of Supervisor-Clerical Support Services, and one flexibly staffed position of Supervisor-Clerical Support Services/ Medical Records Technician II/I. SALARY PLAN FOR ELECTED AND APPOINTED OFFICIALS, REFERENCE A, APPOINTED DEPARTMENT HEADS - sets the salary for the Chief Administrative Officer at $134,444 retroactive to January 4, 2003 - action requested - ADOPT RESOLUTION 03-002 AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PAGE 9 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-003 35. Donations for Books - pursuant to Government Code Section 25355, donations of $3,102.50 from the Oroville Friends of the Library, $1,000 from Loy Braley and Joan Regan, $1,000 from the Raymond Family Foundation, $411 from anonymous donors, $250 from Donald A. Murphy, $200 from Perfect Plank Company, $155 from AAUW-Oroville Branch, and $150 from Kristin J. Enger and Robert Frey have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 36. Fixed Asset Increase and Budget Transfer - approval is requested to increase the amount approved for the fixed asset purchase of a satellite system for the literacy mobile van by $775. The Board initially approved the fixed asset purchase in the amount of $7,800 in January 2002. Delays in purchasing the equipment have resulted in a cost increase of $775, and Board approval is requested to transfer $775 of grant funds appropriated to the Office Expense account to provide for the increase - action requested - APPROVE INCREASE IN FIXED ASSET PURCHASE OF SATELLITE SYSTEM IN THE AMOUNT OF $775; AND APPROVE BUDGET TRANSFER B-210. 37. High Intensity Drug Enforcement (HIDE) Grant - approval is requested to apply to the California Office of Traffic Safety for continued grant funding to provide supervision of individuals who have been arrested for driving under the influence, and to prevent further alcohol-related offenses from occurring. The department has received grant funds from this program for the past three years and anticipates the funding for the grant period of July 1, 2003, through June 30, 2006, to be approximately $250,000. There is no County match required for the grant - action requested - ADOPT RESOLUTION 03-003 APPROVING GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. 38. Redwood Toxicology - Amendment - approval is requested for an amendment to the agreement with Redwood Toxicology for the provision of drug testing services. The amendment increases the maximum amount payable by $15,000 (department budget) as a result of the increased need for services. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13359) MINUTES PAGE 10 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-003 39. Emergency Medical Services Appropriation (EMSA) - the State Department of Health Services has notified the County of the availability of $202,408 from the Emergency Medical Services Appropriation (AB 430) for fiscal year 2002-2003. The funds will be used for reimbursement of uncompensated emergency medical services. Approval is requested for a Declaration of Intent (Option 3) authorizing the State Department of Health Services to administer the EMSA on behalf of the County through the EMSA Contract Back Program - action requested - APPROVE DECLARATION OF INTENT, OPTION 3, AND AUTHORIZE THE CHAIR TO SIGN. 40. California Department of Health Services - approval is requested for a revenue agreement with the California Department of Health Services for funds to provide the Woman, Infants and Children (WIC) Program. The term of the agreement is October 1, 2002, through September 30, 2005, with a maximum amount payable to the County of $2,857,824 ($952,608 for 2002-2003) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 41. Quincy Engineering, Inc. - Amendment - approval is requested for an amendment to the agreement with Quincy Engineering, Inc., for the provision of roadway design services for the Aguas Frias Road Bridge Across Butte Creek Project. The amendment revises the scope of services to include additional work required by the State Reclamation Board, increases the maximum amount payable by $65,868.88 (80o federal/20o department budget) for the additional work, and extends the term of the agreement through contract completion. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10328A) 42. Excavation of Module 4, Phase A at the Neal Road Landfill - County Project No. 757-02-1 - Contract Change Order (CCO) No. 2 - CCO No. 2 provides for an amendment to the contract language approved in CCO No. 1. The amended language provides clarification of the move-in and move-out costs for equipment. The amount of the contract change order has not been amended - action requested - APPROVE CCO NO. 2 AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PAGE 11 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-003 43. Resolution Approving Contribution Agreement - Traffic Control Signal and Safety Lighting Project on State Route 99 at Estates Drive - approval is requested for a resolution which approves a contribution agreement between the State of California, Department of Transportation and the County of Butte for the installation of a traffic control signal and safety lighting project on State Route 99 at Estates Drive. The agreement provides for the County to transfer its Federal-aid Safety funds in the amount of $110,000 to Caltrans as the County's lump sum contribution to construction of the project. The County will also be responsible for a proportional share of maintenance of the signal. Board approval is also requested for staff direction to request the City of Chico include the installation of a traffic signal on State Route 99 at Estates Drive as a Road Improvement Project listed on Exhibit "C" in the "Agreement Between the County of Butte and the City of Chico for the Extension of Sewer Services and Installation of Certain Public Improvements in the Chico Urban Area" - action requested - ADOPT RESOLUTION 03- 004 APPROVING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER; AND DIRECT STAFF TO REQUEST THE CITY OF CHICO INCLUDE THE INSTALLATION OF A TRAFFIC SIGNAL ON STATE ROUTE 99 AT ESTATES DRIVE AS A ROAD IMPROVEMENT PROJECT LISTED ON EXHIBIT "C" IN THE "AGREEMENT BETWEEN THE COUNTY OF BUTTE AND THE CITY OF CHICO FOR THE EXTENSION OF SEWER SERVICES AND INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS IN THE CHICO URBAN AREA". 44. Budget Transfers - County Service Area (CSA) No. 135-Zones 2 and 4 (Keefer Creek Estates) and County Service Area (CSA) No. 141 (Mountain Oaks Subdivision) - approval is requested for a budget transfer in the total amount of $2,625 from the Designated Fund Balance Schedule 15 to CSA No. 135-Zones 2 and 4 and CSA No. 141. The transfer is requested to provide the funds needed to cover the fee increase of waste discharge permits from the State Water Resources Control Board. The increased fee schedule was adopted after the CSA budgets were approved and the current budgets do not have sufficient funds to pay the required fee - action requested - APPROVE BUDGET TRANSFER B-190 (4/5 vote required) AS DETAILED IN THE AGENDA REPORT. 45. Budget Approval - County Service Area (CSA) No. 178 (Twin Palms Subdivision) - CSA No. 178 was formed after approval of Butte County's Fiscal Year 2002-2003 Final Budget. The CSA has been funded for anticipated expenditures in fiscal year 2002-2003 and approval of the CSA budget is required - action requested - APPROVE BUDGET. MINUTES PAGE 12 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-003 46. Setting of a Public Hearing - County Service Area (CSA) No. 149 (Biggers Subdivision) - approval is requested for a resolution setting a public hearing for March 11, 2003, at 10:30 a.m. for the purpose of conducting a protest hearing and ballot proceeding to consider an increase to the maximum per parcel service charge for the CSA. The current maximum per parcel service charge is not sufficient to provide funding for the replacement of a fire protection pump and to have snow removal services fully performed throughout a heavy snowfall season - action requested - ADOPT RESOLUTION 03-005 AND AUTHORIZE THE CHAIR TO SIGN. 47. Resolution in Recognition of Donald W. Baumann upon His Retirement from the County of Butte - action requested - ADOPT RESOLUTION 03-006 AND AUTHORIZE THE CHAIR TO SIGN. 48. Resolution in Recognition of Willard T. Bennett upon His Retirement from the County of Butte - action requested - ADOPT RESOLUTION 03-007 AND AUTHORIZE THE CHAIR TO SIGN. 49. Resolution in Recognition of Rex R. Huffman, Jr. upon His Retirement from the County of Butte - action requested - ADOPT RESOLUTION 03-008 AND AUTHORIZE THE CHAIR TO SIGN. 50. California Law Enforcement Equipment Program-High Technology Grant - approval is requested to accept and appropriate $49,302 in California Law Enforcement Equipment Program-High Technology Grant funds. The Sheriff's Office is requesting approval to utilize the funds to purchase a fixed asset firewall for their law enforcement computer system in the estimated amount of $15,000, and to utilize the remaining funds to replace or upgrade outdated computer equipment, purchase or repair printers and purchase new software - action requested - APPROVE BUDGET TRANSFER B-205 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF COMPUTER FIREWALL IN THE AMOUNT OF $15,000. 51. Budget Transfer - approval is requested for a budget transfer of Local Law Enforcement Block Grant funds in the amount of $2,583 to provide funding for the purchase of an evidence storage freezer - action requested - APPROVE BUDGET TRANSFER B-208 (4/5 vote required); AND APPROVE FIXED ASSET PURCHASE OF FREEZER UNIT. 52. Budget Transfer - approval is requested to transfer $12,444 in Citizen's Options for Public Safety (COPS) funds to the Operations Division office expense account to provide funding for the purchase of seven desktop computer systems for the investigative staff - action requested - APPROVE BUDGET TRANSFER B-199 (4/5 vote required). MINUTES PAGE 13 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-003 53. Budget Transfer - approval is requested to transfer $1,355 in department funds to provide for continued asbestos removal and t he replacement in the ladies locker room/file storage area - action requested - APPROVE BUDGET TRANSFER B-198 (4/5 vote required). 54. Budget Transfer - approval is requested to transfer $33,635 from the Inmate Welfare Fund to the Incarceration Division budget to provide the funding needed to pay for medical expenses incurred by the hospitalization of an inmate - action requested - APPROVE BUDGET TRANSFER B-201 (4/5 vote required). 55. Employment Agreement - Undersheriff - approval is requested for an agreement with James Callas to serve as Butte County Undersheriff. The term of the agreement is January 18, 2003, through January 18, 2004, with an annual compensation rate of $76,856, including other benefits granted to other appointed County officials - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 56. Monthly Investment Report - in accordance with the Butte County Statement of Investment Policy dated July 1, 2002, submitted is the Monthly Investment Report for November 29, 2002 - action requested - ACCEPT FOR INFORMATION. 57. Prioritization of Projects for Potential Funding Under the Water Security, Clean Drinking Water and Coastal and Beach Protection Act of 2002 (Proposition 50) - approval is requested for the prioritized list of County projects to be submitted to the Northern and Coastal California Water Bond Coalition for potential funding under Proposition 50 - action requested - APPROVE RECOMMENDED PRIORITIZED LIST OF PROJECTS AND AUTHORIZE THE DEPARTMENT TO CONTINUE TO WORK WITH THE NORTHERN AND COASTAL CALIFORNIA WATER BOND COALITION ON IMPLEMENTATION LANGUAGE FOR PROPOSITION 50 THAT WILL INCLUDE THE PROJECTS FOR FUNDING. 58. Resolutions in Support of Media Coverage of the Frank Watters Children's Trust Fund - Board approval is requested by the Children's Services Coordinating Council for resolutions acknowledging the contributions of local media to the campaign to increase awareness of the Frank Watters Children's Trust Fund. The Council would like the Board to recognize KHSL, KNVN, and FOX 30 for their television support and the Chico News and Review and Chico Enterprise Record for their donations of advertising space and endorsements of the campaign - action requested - ADOPT RESOLUTIONS 03-009, 03-010, AND 03-011 AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PAGE 14 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-003 59. Office of Traffic Safety Grant - Board approval is requested by the Oroville Area California Highway Patrol (CHP) for a letter of support for the Highway Safety Corridor Project. The Oroville CHP, in conjunction with the Yuba/Sutter CHP office, has been awarded an Office of Traffic Safety Grant to help reduce collisions on State Route 70. As a provision of the grant, a letter of consent and acceptance is required from the local Board of Supervisors - action requested - APPROVE LETTER OF CONSENT AND ACCEPTANCE AND AUTHORIZE THE CHAIR TO SIGN. 60. Butte County Children and Families Commission - Annual Report, Annual Audit, and Annual Strategic Plan Revision - the Butte County Children and Families Commission submits for Board information the Fiscal Year 2001-2002 Annual Report Executive Summary, Fiscal Year 2001-2002 Annual Audit, and Strategic Plan update pages - action requested - ACCEPT FOR INFORMATION. 61. In-Home Supportive Services Public Authority - Advisory Committee Member Appointments - action requested - REAPPOINT DAVID BROWN, DIANE COOPER AND ROSIE GRINNELL TO TERMS TO END DECEMBER 19, 2005. 62. Local Agency Improvement Fees - the Auditor-Controller submits the Combined Report of Impact Fees or Local Agency Improvement Fees for Fiscal Year 2001-2002. Pursuant to Government Code Section 66006, this item was introduced on the agenda of December 10, 2002, as public notice that the information was available for public inspection. Pursuant to Government Code Section 66001(d), the County must make findings every five years for any unexpended funds remaining in Local Agency Improvement Fee accounts with regard to: 1) purpose; 2) relationship; 3) source and amounts; and 4) timing. This year findings were prepared for accounts that stated in years ending in 2 or 7, and these findings are included in the agenda report of December 10, 2002. No objections or requests for correction were received regarding the report or findings - action requested - ACCEPT REPORT AND MAKE FINDINGS AS DETAILED IN THE AGENDA REPORT DATED DECEMBER 10, 2002, FOR EACH OF THE LISTED ACCOUNTS WITH REGARD TO PURPOSE, RELATIONSHIP, SOURCE AND AMOUNTS, AND TIMING. (FROM 12-10- 02 [3.26]) 63. Resolution in Honor and Celebration of Martin Luther King, Jr. Day, January 20, 2003 - the Community Action Agency is requesting the Board adopt a resolution honoring and celebrating Martin Luther King, Jr. Day - action requested - ADOPT RESOLUTION 03-012 AND AUTHORIZE THE CHAIR TO SIGN. (290) MINUTES PAGE 15 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-003 MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 3.14, AND THE CONTRACT FOR ITEM 3.44 AMENDED TO INCLUDE THE FOLLOWING LANGUAGE, "ALL OBLIGATIONS OF COUNTY UNDER THE TERMS OF THE AGREEMENT ARE SUBJECT TO THE RECEIPT AND TRANSFER OF 2003/2004 FEDERAL FISCAL YEAR HAZARD ELIMINATION SAFETY (HES) PROGRAM FUNDS FOR THE PROJECT IN THE AMOUNT OF $110,000." M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) CHAIR BEELER PRESENTS A RESOLUTION TO DONALD BAUMANN UPON HIS RETIREMENT FROM THE COUNTY. CHAIR BEELER PRESENTS A RESOLUTION TO WILLIAM T. BENNETT UPON HIS RETIREMENT FROM THE COUNTY. CHAIR BEELER PRESENTS A RESOLUTION TO REX R. HUFFMAN UPON HIS RETIREMENT FROM THE COUNTY. SHERIFF RENIFF INTRODUCES TO THE BOARD JAMES CALLAS, HIS NEWLY HIRED UNDERSHERIFF. 03 -0 04 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. 1. Comments to "Economic Analysis of Critical Habitat Designation for Vernal Pool Species" - presented are comments submitted to the United States Fish and Wildlife Service regarding the study entitled, "Economic Analysis of Critical Habitat Designation for Vernal Pool Species". The Administrative Office worked with the firm of Remy, Thomas and Moose, and the firm of Bay Area Economics to prepare the comments - action requested - ACCEPT FOR INFORMATION. (734) JIM BROBECK REQUESTED HIS COMMENTS BE ACCEPTED INTO THE RECORD FOR THIS MATTER. ITEM WAS PROVIDED FOR BOARD INFORMATION ONLY, NO ACTION TAKEN. REGULAR AGENDA 03-005 Appointments to Boards, Commissions and Committees. (884) 1. Appointments to Listed Vacancies. MOTION: I MOVE TO APPOINT JEAN CRIST TO THE KIMSHEW CEMETERY DISTRICT (TO A VACATED TERM TO END JULY 1, 2004). S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MINUTES PAGE 16 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-005 MOTION: I MOVE TO REAPPOINT JANET RIST WILSON, M.D.M.P.H., PROFESSIONAL CATEGORY MEMBER, TO THE BUTTE COUNTY BEHAVIORAL HEALTH BOARD (TO A TERM TO END DECEMBER 31, 2005). M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 2. Solid Waste Permit Enforcement and Appeal Independent Hearing Panel - action requested: A. APPOINT BOARD OF SUPERVISORS MEMBER AND ALTERNATE MEMBER. MOTION: I MOVE TO REAPPOINT SUPERVISORS DOLAN, MEMBER, AND SUPERVISOR YAMAGUCHI, ALTERNATE MEMBER TO THE SOLID WASTE PERMIT ENFORCEMENT APPEAL INDEPENDENT HEARING PANEL (TO A TERM TO END JANUARY 4, 2005). M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) B. ACCEPT DEPARTMENT RECOMMENDATIONS AND APPOINT CARL PETERS, EXPERT MEMBER; BILL MANNEL, ALTERNATE EXPERT MEMBER; MIKE PEAVY, PUBLIC MEMBER; AND CHRIS IRWIN, ALTERNATE PUBLIC MEMBER. ALL TERMS ARE TO END JANUARY 10, 2005. MOTION: I MOVE TO ACCEPT DEPARTMENT RECOMMENDATIONS AND APPOINT CARL PETERS, EXPERT MEMBER; BILL MANNEL, ALTERNATE EXPERT MEMBER; MIKE PEAVY, PUBLIC MEMBER; AND CHRIS IRWIN, ALTERNATE PUBLIC MEMBER. ALL TERMS ARE TO END JANUARY 10, 2005. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 03-006 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. (976) PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, PROVIDED THE BOARD WITH A REPORT ON THE ANTICIPATED AFFECTS OF THE GOVERNOR'S BUDGET ON BUTTE COUNTY. RECESS: 10:16 A.M. RECONVENE: 10:36 A.M. MINUTES PAGE 17 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 PUBLIC HEARINGS AND TIMED ITEMS 03-007 Continued Public Hearing - Larry Bradley - Tentative Parcel Map - consideration of an appeal of the Development Review Committee's denial of a Tentative Parcel Map to divide a 34.6 acre parcel into three parcels of 10.3, 10.6 and 13.6 +/- acres on property zoned A-10 (Agricultural - 10 acre parcels) This is a project on which notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given. The property is located on the northwest corner of Durham-Dayton Highway and Esquon Road, Durham, and identified as APN 040-150-112 (CS [T PM 02-23]) - action requested - STAFF RECOMMENDS THE BOARD TAKE ONE OF THE FOLLOWING TWO ACTIONS: 1. SHOULD THE BOARD, AFTER CONSIDERING ALL EVIDENCE AND TESTIMONY, DECIDE TO DENY THE APPEAL AND THE PROJECT, THE FOLLOWING ACTION SHOULD BE TAKEN: A. SUBJECT TO FINDING I(A) AS DETAILED IN THE STAFF REPORT DATED OCTOBER 8, 2002, DENY THE REQUEST FOR A TENTATIVE PARCEL MAP FOR LARRY BRADLEY, APPLICATION TPM 02-23; OR 2. SHOULD THE BOARD FIND THAT THE PROJECT IS CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN, THE FOLLOWING ACTIONS SHOULD BE TAKEN: A. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF REPORT DATED OCTOBER 8, 2002, ADOPT A MITIGATED NEGATIVE DECLARATION; 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) 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 THE UNITED STATES WILDLIFE SERVICE. THE PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES OR CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; AND MINUTES PAGE 18 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-007 2. C. SUBJECT TO FINDINGS III(A-F) AS DETAILED IN THE STAFF REPORT DATED OCTOBER 8, 2002, AND THE CONDITIONS OF APPROVAL IDENTIFIED AS EXHIBIT "A" IN THE STAFF REPORT DATED OCTOBER 8, 2002, APPROVE TENTATIVE SUBDIVISION MAP 02-23 FOR LARRY BRADLEY. (FROM 12-10- 02 [5.03]) (2679) PUBLIC HEARING RECONVENED AT 10:37 A.M. AND CONTINUED OPEN AT THE REQUEST OF THE APPLICANT TO JANUARY 28, 2003, AT 10:30 A.M. REGULAR AGENDA 03-008 Elder Services Coordinating Council Strategic Plan - Presentation to the Board - presentation of the Elder Services Coordinating Council's Strategic Plan which describes the structure of current efforts and sets goals for future collaboration among local elder services providers - action requested - ACCEPT FOR INFORMATION. (FROM 12-10-02 [4.03]) (2714) PRESENTATION TO THE BOARD BY BARBARA ALDERSON, ELDER SERVICES COORDINATING COUNCIL. 03-009 Adoption of an Ordinance Amending Flood Hazard Prevention and Special Permit Zone II Levee and Building Regulations in Chapter 26 of the Butte County Code Regarding Conversion or Restoration of Land for Conservation Purposes - consideration of an ordinance intended to regulate specified activities for the purpose of protecting people and property from flood hazards and protecting man-made conditions on farmland within the unincorporated area of Butte County which is adjacent to land upon which a conversion to natural habitat is proposed - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-10-02 [5.05]) (3121) THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR ACTION TO A UNDETERMINED TIME. THE ITEM WILL BE RETURNED AFTER RE-NOTICE AND, IF POSSIBLE, IN CONJUNCTION WITH ANOTHER ORDINANCE OF A SIMILAR NATURE THAT IS MOVING THROUGH THE PLANNING COMMISSION. 03-010 National Pollutant Discharge Elimination System (NPDES) Phase II Storm Water Management Program - Report to the Board - report to the Board on the County program, required components and proposed program activities - action requested - ACCEPT FOR INFORMATION. (3152) PRESENTATION TO THE BOARD BY CYNDI MANN, DEPUTY ADMINISTRATIVE OFFICER, AND TOM BLIXT, ADMINISTRATIVE ANALYST, PUBLIC WORKS DEPARTMENT. MINUTES PAGE 19 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-011 An Ordinance Amending Chapter 31 of the Butte County Code Entitled, "Solid Waste Collection, Management, and Recycling", and Amending Sections 26-12 and 26-12.1 of Chapter 26 of the Butte County Code Entitled, "Buildings" - consideration of an ordinance which will amend the Code to reflect the County's need to better control the manner in which waste services are provided to County residents and to direct the flow of waste to County designated facilities - action requested - WAIVE READING OF THE ORDINANCE. (4284)(**00) BOARD DIRECTION THAT THE ORDINANCE BE AMENDED TO PROVIDE FOR THE OPTION OF BUYING A SMALL GARBAGE BAG AS AN ALTERNATIVE TO THE MONTHLY SERVICE, TO INCLUDE THE OPTION TO PAY FOR BACKYARD PICK-UP SERVICE, AND TO ADDRESS THE PERCENTAGE OF TONNAGE IN COMMUNITY CLEANUPS. STAFF IS TO TALK WITH HAULERS TO RECEIVE THEIR INPUT AND TO RETURN THE AMENDED ORDINANCE TO THE AGENDA OF JANUARY 28, 2003, FOR CONSIDERATION. PUBLIC HEARINGS AND TIMED ITEMS 03-012 Public Hearing - Book Family Farm (Bruce Book, et al) - Appeal Tentative Parcel Map - consideration of an appeal of conditions of approval of a Tentative Parcel Map to divide a 249-acre parcel into four parcels: 40.06 acres, 40.38 acres, 80.03 acres, and 88.5 acres. Sewage disposal would be handled by existing on-site septic systems and domestic water obtained from an existing well on Parcel 1. Access to Parcels 1, 2, and 3 would be from an existing access point off of State Route 99. Parcel 4 would have access off of State Route 99 from an existing access point. Parcels 1, 2, and 3 are already developed with single-family residences, accessory structures, and septic systems. Parcel 2 would have two dwellings on it. This project also includes an exception request to the sewage disposal requirements of Appendix VII of the Butte County Subdivision Ordinance . This is a project on which notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given. The property is zoned A-40 (Agricultural - 40 acre parcels) and is located on the west side of Highway 99, approximately one mile southeast of the Durham- Pentz/Highway 99 interchange, at 8975 Highway 99 East, east of Durham, and identified as APN 040-570-003 (SB [TPM 02-31]) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. DENY THE APPEAL FOR BOOK FAMILY FARM TO ELIMINATE OR REVISE CONDITION 26; 2. SUBJECT TO FINDINGS II (A-E) AS DETAILED IN THE STAFF REPORT DATED JANUARY 14, 2003, ADOPT A MITIGATED NEGATIVE DECLARATION; MINUTES PAGE 20 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-012 3. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WOULD CAUSE ENVIRONMENTAL DAMAGE TO FISH AND WILDLIFE OR THEIR HABITAT AS THE PROJECT SITE CONTAINS VERNAL POOLS AND SWALES THAT MAY CONTAIN RARE, THREATENED, OR ENDANGERED PLANT OR ANIMAL SPECIES AND DIRECT THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5; AND 4. SUBJECT TO FINDINGS IV (A-G) AS DETAILED IN THE STAFF REPORT DATED JANUARY 14, 2003, AND THE CONDITIONS OF APPROVAL IDENTIFIED AS EXHIBIT "A" TO THE STAFF REPORT DATED JANUARY 14, 2003, APPROVE TENTATIVE PARCEL MAP 02-31 FOR BOOK FAMILY FARM. (**1363) PUBLIC HEARING COMMENCED: 11:58 A.M. PUBLIC HEARING CLOSED: 12:14 P.M. STAFF INFORMED THE BOARD THAT SUBSEQUENT INFORMATION RECEIVED FROM THE APPLICANT LIMITED THE APPEAL TO CONDITION 26 ONLY. MOTION: SUBJECT TO THE FINDINGS THAT: 1) THERE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS OF TOPOGRAPHY OR SIZE OR SHAPE OR LOCATION OR EXISTING DEVELOPMENT EFFECTING THE PROPERTY WHICH EXISTED AT THE TIME THE APPLICATION FOR THE MAP WAS DEEMED COMPLETE (FOUR EXISTING DWELLINGS ON THE PROPERTY AND THREE EXISTING SEPTIC SYSTEMS), AND 2) THAT THE GRANTING OF THE EXCEPTION WILL NOT BE DETRIMENTAL TO THE PUBLIC WELFARE OR INJURIOUS TO OTHER PROPERTY IN THE TERRITORY IN WHICH THE PROPERTY IS SITUATED BECAUSE THERE ARE THREE OPERATING SEPTIC SYSTEMS THAT WERE INSTALLED UNDER PERMIT FROM THE BUTTE COUNTY ENVIRONMENTAL HEALTH DIVISION, I MOVE TO APPROVE THE APPEAL OF CONDITION 26. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) REGULAR AGENDA 03-013 Establishment of Contracts/Property Management Division in General Services - consideration of the formation of a division within the Chief Administrative Office/General Services Division for the purpose of managing County contracts and properties - action requested - APPROVE ESTABLISHMENT OF A CONTRACTS/PROPERTY MANAGEMENT DIVISION WITHIN THE CHIEF ADMINISTRATIVE OFFICE/GENERAL SERVICES. (**2087) MOTION: I MOVE TO BRING THIS ITEM BACK FOR CONSIDERATION AFTER THE FISCAL CONDITION OF THE COUNTY IS KNOWN AND IN CONJUNCTION WITH THE DEVELOPMENT OF THE BUDGET. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MINUTES PAGE 21 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 03-014 California Public Employees Retirement System (CalPERS) - Amendment to Retirement Benefits - consideration of a Resolution of Intention and introduction of an ordinance which will amend the County's agreement with CalPERS regarding retirement benefit calculations. The proposed amendment would provide to the District Attorney Investigator series the 3o at age 50 safety retirement formula pursuant to Government Code Section 20432.5 (District Attorney Investigators as "Local Sheriff") All other retirement benefits remain the same - action requested - ADOPT RESOLUTION OF INTENTION TO AMEND CONTRACT AND AUTHORIZE THE CHAIR TO SIGN; ACCEPT INTO THE PUBLIC RECORD FUTURE ANNUAL COSTS AS DETERMINED BY THE SYSTEM ACTUARY AND/OR THE INCREASE IN RETIREMENT BENEFIT PURSUANT TO GOVERNMENT CODE SECTION 7507; AND WAIVE READING OF THE ORDINANCE. (**2307) JEANNE GRAVETTE, DIRECTOR-HUMAN RESOURCES, INFORMS THE BOARD THAT THE CHANGE IN THE PRESENT VALUE OF BENEFITS IS $480,267, THE CHANGE IN THE ACCRUED LIABILITY IS $96,161, AND THE CHANGE IN THE TOTAL EMPLOYER CONTRIBUTION RATE IS 1.3730. MOTION: I MOVE TO ADOPT RESOLUTION OF INTENTION 03-013 TO AMEND CONTRACT AND AUTHORIZE THE CHAIR TO SIGN; ACCEPT INTO THE PUBLIC RECORD FUTURE ANNUAL COSTS AS DETERMINED BY THE SYSTEM ACTUARY AND/OR THE INCREASE IN RETIREMENT BENEFIT PURSUANT TO GOVERNMENT CODE SECTION 7507; AND WAIVE READING OF THE ORDINANCE. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESSED AT 12:24 P.M. AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND CONVENED AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD. BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD MINUTES JANUARY 14, 2003 Called to order at 12:24 p.m. in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. Board members present: Dolan, Houx, Josiassen, Yamaguchi, and Chair Beeler. Also present: Marion Reeves, Deputy Clerk. (**2240) 03-001 Advanced Step Hire - approval is requested for the advanced step hire of a Public Authority Services Specialist to step 3 of the salary range based on experience and training - action requested - APPROVE ADVANCED STEP HIRE OF A PUBLIC AUTHORITY SERVICES SPECIALIST CANDIDATE TO STEP 3 OF THE SALARY RANGE. MOTION: I MOVE TO APPROVE THE ADVANCED STEP HIRE OF A PUBLIC AUTHORITY SERVICES SPECIALIST CANDIDATE TO STEP 3 OF THE SALARY RANGE. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MINUTES PAGE 22 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 Public Comment (**2562) 03-002 1. MOLLY HILLIS, UNITED DOMESTIC WORKERS OF AMERICA, ADDRESSED THE BOARD TO ADVISE THEM THAT NEGOTIATIONS ARE CURRENTLY GOING ON AND REQUESTED THE BOARD AUTHORIZE THE EXPENDITURE OF FUNDS FOR BENEFITS. 2. WENDY WILLIAMS ADDRESSED THE BOARD TO AGREE WITH MS. HILLIS' COMMENTS. 03-003 Closed Session CLOSED SESSION MATTERS ARE TO BE DISCUSSED IN CONJUNCTION WITH THE RECESS FOR CLOSED SESSION ITEMS FOR THE BOARD OF SUPERVISORS. RECESSED AT 12:34 P.M. AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AND RECONVENED AS THE BUTTE COUNTY BOARD OF SUPERVISORS. CONTINUED BUTTE COUNTY BOARD OF SUPERVISORS AGENDA REGULAR AGENDA PUBLIC COM[IENT 03-015 Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board of Supervisors is prohibited from taking action on any item not listed on the agenda. (NONE) (**2944) CLOSED SESSION 03-016 RECESS: THE BOARD RECESSED AT 12:34 P.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A): 1. COUNTY OF BUTTE V. WASTE MANAGEMENT MUNICIPAL SERVICES OF CALIFORNIA (BUTTE SUPERIOR COURT CASE NO. 127637); 2. MESCALL V. COUNTY OF BUTTE (BUTTE SUPERIOR COURT CASE NO. 126330); 3. HYMAN V. RAMSEY (BUTTE SUPERIOR COURT CASE NO. 128704); AND PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR-PUBLIC HEALTH. (**2988) THE BOARD RECESSED DURING THE CLOSED SESSION CONFERENCE AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND RECONVENED AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD TO DISCUSS LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: AGENCY REPRESENTATIVE: CRAIG DORY AND JEANNE GRAVETTE. EMPLOYEE ORGANIZATION: UNITED DOMESTIC WORKERS OF AMERICA. (**3002) MINUTES PAGE 23 JANUARY 14, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 14, 2003 RECONVENE: THE BOARD RECONVENED AT 1:58 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) 1. COUNTY OF BUTTE V. WASTE MANAGEMENT MUNICIPAL SERVICES OF CALIFORNIA (BUTTE SUPERIOR COURT CASE NO. 127637); 2. MESCALL V. COUNTY OF BUTTE (BUTTE SUPERIOR COURT CASE NO. 126330); 3. HYMAN V. RAMSEY (BUTTE SUPERIOR COURT CASE NO. 128704); AND PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR-PUBLIC HEALTH. THE BOARD ALSO RECONVENED AS THE IHSS PUBLIC AUTHORITY BOARD AT 1:58 P.M. FROM A CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: AGENCY REPRESENTATIVE: CRAIG DORY AND JEANNE GRAVETTE; EMPLOYEE ORGANIZATION: UNITED DOMESTIC WORKERS OF AMERICA. (**3039) Adjourned at 1:58 p.m. as the Butte County In-Home Supportive Services Public Authority Board and reconvened as the Butte County Board of Supervisors. REGULAR AGENDA 03-017 Development Services Department - Report to the Board - update and discussion on the department reorganization, elimination of the Development Review Committee, and Countywide Geographic Information System program - action requested - ACCEPT FOR INFORMATION. (**3044) (***00) PRESENTATION TO THE BOARD BY YVONNE CHRISTOPHER, DIRECTOR- DEVELOPMENT SERVICES. ADJOURNMENT THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 3:32 P.M. TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, JANUARY 28, 2003, AT 9:00 A.M. R.J. Beeler, Chair ATTEST: Paul McIntosh, Chief Administrative Officer and Clerk of the Board of Supervisors By: MINUTES PAGE 24 JANUARY 14, 2003