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HomeMy WebLinkAboutM020805BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 8, 2005 Called to Order in the Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Connelly, Dolan, Houx, Josiassen, and Chair Yamaguchi. Also present: Paul McIntosh, Chief Administrative Officer; Bruce Alpert, County Counsel; and Dorothy Bell, Deputy Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Observation of a Moment of Silence. CORRECTIONS AND~OR CHANGES TO THE AGENDA. (NONE) CONSENT AGENDA 0503-001 1. Butte County Office of Education - approval is requested for a sole source agreement with the Butte County Office of Education for the provision of curriculum, training, coordination, and monitoring of pilot projects regarding violence-free and drug-free learning environments at Butte County schools. The term of the agreement is January 1, 2005, through December 31, 2005, with a maximum amount payable of $30,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X15316) 2. Superior Court of California, County of Butte - approval is requested for an agreement with the Superior Court of California, County of Butte, for the provision of services to support Substance Abuse and Crime Prevention Act programs. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $43,269 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X15308) 3. Select Janitorial Services - Amendment - approval is requested for an amendment to the agreement with Select Janitorial Services for the provision of janitorial services to county-leased buildings. The amendment reduces the maximum amount payable by $2,211 for fiscal year 2004-2005. 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. X11588) MINUTES PacEl FEBRUARY 8,2005 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 8, 2005 0503-001 4. Henry Ganzler, Ph.D. - Amendment - approval is requested for an amendment to the agreement with Henry Ganzler, Ph.D., for the provision of professional medical services in the specialized field of psychology. The amendment provides for an hourly compensation rate of $55 per hour, increasing the overall maximum amount payable by $3,487.50 (department budget) for fiscal year 2004-2005. 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. X14991) 5. Resolution of Appreciation for Chief Jack Storne - Supervisor Josiassen is requesting the Board adopt a resolution of appreciation for Gridley-Biggs Police Chief Jack Storne upon his retirement - action requested - ADOPT RESOLUTION 05-020 AND AUTHORIZE THE CHAIR TO SIGN. 6. Network Security Policy - approval is requested for a County Network Security Policy which addresses the County's requirements under the Health Insurance Portability and Accountability Act, and establishes best practices for Countywide compliance with current and future Federal and State information technology security laws - action requested - APPROVE THE POLICY; AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO AUTHORIZE PROCEDURES NECESSARY TO FORMALIZE AND IMPLEMENT ADMINISTRATIVE, PHYSICAL AND TECHNICAL PROCEDURES MANDATED BY FEDERAL AND STATE LAW; AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO DESIGNATE THE CHIEF SECURITY OFFICER FOR THE COUNTY, AND TO ADJUST SUCH DESIGNATION FROM TIME TO TIME AS NECESSARY. 7. Application to the Commission on State Mandates for General Assistance Mandate Relief - consideration of an application to the Commission on State Mandates which would authorize the Board to adopt a standard of general assistance below the level established by welfare and Institutions Code Section 17000.5 - action requested - ADOPT RESOLUTION 05-021 AUTHORIZING THE CHIEF ADMINISTRATIVE OFFICER TO FILE AN APPLICATION FOR GENERAL ASSISTANCE MANDATE RELIEF PURSUANT TO WELFARE AND INSTITUTIONS CODE 17000.6 AND AUTHORIZE THE CHAIR TO SIGN. 8. Midyear Budget Adjustments - a midyear review has resulted in the need for budget adjustments to various departments and accounts - action requested - APPROVE BUDGET TRANSFER B-241 (4/5 vote required) MAKING MID-YEAR BUDGET ADJUSTMENTS AS RECOMMENDED IN THE AGENDA REPORT. 9. Amendment to Board Meeting Calendar for March 2005 - approval is requested for an amendment to the Board's meeting calendar for the month of March, rescheduling the meeting of March 8, 2005, to March 1, 2005 - action requested - RESCHEDULE THE MEETING OF MARCH 8, 2005, TO MARCH 1, 2005. MINUTES PacE2 FEBRUARY 8,2005 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 8, 2005 0503-001 10. Computer System Upgrade and Purchase of Computer Hardware - approval is requested for the sole source purchase of a software upgrade and supporting hardware for the Recorder's Information and Image Management System in the total amount of $153,314. Funding for the purchase is available from the Recorder's Automation Trust Fund, and Board approval is also requested for a budget transfer of the required funds - action requested - APPROVE SOLE SOURCE PURCHASE OF SOFTWARE UPGRADE AND ASSOCIATED HARDWARE; AND APPROVE BUDGET TRANSFER B-251 (4 /5 vote required) ACCEPTING AND APPROPRIATING TRUST FUND REVENUE AS DETAILED IN THE AGENDA REPORT. 11. Bartkiewicz, Kronick & Shanahan - Amendment - approval is requested for an amendment to the agreement with Bartkiewicz, Kronick & Shanahan for the provision of specialized legal services. The amendment revises the term commencement date from January 11, 2005, to December 9, 2004. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY THE AUDITOR-CONTROLLER. 12. Resolution Amending Resolution No. 04-271 - approval is requested for a resolution amending Resolution No. 04-271, a resolution amending the Butte County Improvement Standards. Subsequent to the adoption of the resolution, an inadvertent omission of intended language to Section 13.01-1, entitled, "Requirement Class 1", was discovered. The proposed resolution corrects the omission - action requested - ADOPT RESOLUTION 05-022 AND AUTHORIZE THE CHAIR TO SIGN. 13. Notice of Partial Non-Renewal of Williamson Act Agreement - approval is requested to accept a notice of partial non- renewal for a Williamson Act Agreement for Meline and Rebo et al., Assessor's Parcel Number Olt-060-062, 1/10(+/-) acre portion, Williamson Act Agreement Instrument Number 51477, Book 1525, Pages 357 through 367 - action requested - ACCEPT NOTICE OF PARTIAL NON-RENEWAL; AND DIRECT RECORDING OF NOTICE. 14. Playground Equipment Donation - pursuant to Government Code Section 25355, a donation of fixed asset playground equipment and various play materials and supplies, with a total value of $13,000, has been received from the Oroville Sunrise Rotary Club. The equipment will be used by foster care clients at the Oroville Community Employment Center - action requested - ADOPT RESOLUTION 05-023 ACCEPTING DONATION AND EXPRESSING THANKS AND APPRECIATION TO THE OROVILLE SUNRISE ROTARY CLUB AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PacE3 FEBRUARY 8,2005 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 8, 2005 0503-001 15. Butte County District Attorney - approval is requested for a Plan of Cooperation with the District Attorney's Office for investigative services. The term of the agreement is from the date of execution until cancelled by either party, and provides for the department to reimburse the District Attorney's Office for services provided on a quarterly basis (department budget) - action requested - APPROVE PLAN OF COOPERATION AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY THE AUDITOR-CONTROLLER. 16. Distribution of Grant Funds - approval is requested by Emergency Services to accept and distribute remaining 2002 Supplemental Emergency Operations Planning Grant funds to cover grant related expenses which exceeded original allocations - action requested - APPROVE BUDGET TRANSFER B-245 (4 /5 vote required) ACCEPTING AND DISTRIBUTING GRANT FUNDS AS DETAILED IN THE AGENDA REPORT. 17. The Zahn Group, Inc. - Amendments - approval is requested for amendments to two agreements with The Zahn Group, Inc., for construction management services and constructability review services for the Courthouse expansion project. The amendment for construction management services extends the term of the agreement through June 30, 2005, and increases the maximum amount payable by $102,749.38. The amendment for constructability review services increases the maximum amount payable by $6,400. Funding for the amendments is available from the Criminal Justice Facility Temporary Revenue Account, and Board approval is also requested for a budget transfer of the required funds - action requested - APPROVE BUDGET TRANSFER B-242 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE AGREEMENT AMENDMENTS (2) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 18. Adoption of a Salary Ordinance Amendment - approval is requested for a salary ordinance amendment which will amend the current salary ordinance substantially as follows: incorporates the changes necessary to implement the classification portion of the County's classification/ compensation study; adds one position of Forensic Accountant to the District Attorney-Criminal budget; adjusts the salary range for the position of Revenue and Reimbursement Officer, Senior to $14.72-$17.89; adjusts the salary range for the position of Assistant Chief Investigator to $25.44-$32.46; adjusts the salary range for the position of Program Manager, Employment and Social Services to $31.85-$38.71; adjusts the salary range for the position of Program Manager, Environmental Health to $26.51-$32.23 (effective 9-25-04), and adjusts the salary range for the position of Supervisor, Environmental Health to $24.11-29.31 - action requested - ADOPT ORDINANCE 3901 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 1-25-05 [3.20] ) MINUTES PacE4 FEBRUARY 8,2005 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 8, 2005 0503-001 19. Koff & Associates, Inc. - approval is requested for an agreement with Koff & Associates, Inc., for the preparation of a Comprehensive Compensation Study for County employees. The term of the agreement is December 15, 2004, through June 30, 2005, with a maximum amount payable of $95,440 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X15325) 20. Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: EMPLOYEE BARGAINING UNITS - provides a to salary increase, retroactive to December 18, 2004, to County bargaining units pursuant to negotiated agreements. DISTRICT ATTORNEY-CRIMINAL - converts one sunset position of Assistant District Attorney (position end date 2-28-05) to a permanent position. PROBATION - deletes one position of Accounting Specialist, two flexibly staffed positions of Legal Clerk/Office Specialist, Senior/Office Specialist/Office Assistant, and one position of Manager, Support Services. Adds four positions of Legal Office Specialist, and one position of Supervisor, Support Services. COUNTY CLERK- RECORDER - adds one flexibly staffed position of Deputy County Clerk Recorder III/II/I/Deputy County Clerk I. PUBLIC HEALTH-RABIES CONTROL - deletes one half-time flexibly staffed position of Office Specialist, Senior/Office Specialist/Office Assistant. Adds one position of Administrative Assistant. PUBLIC WORKS-GENERAL ADMINISTRATION - deletes one flexibly staffed position of Office Specialist, Senior/Office Specialist/Office Assistant. Adds one position of Administrative Assistant. PUBLIC HEALTH-GENERAL SERVICES - deletes one flexibly staffed position of Administrative Analyst, Senior/Administrative Analyst/Administrative Analyst, Associate, and one position of Manager, Support Services. Adds one position of Personnel Operations Specialist, and one position of Supervisor, Administrative Analyst. PUBLIC HEALTH-ENVIRONMENTAL HEALTH - deletes one position of Administrative Assistant, and one half-time flexibly staffed position of Office Specialist, Senior/Office Specialist/Office Assistant. Adds one position of Accounting Specialist, and one position of Director, Environmental Health. BEHAVIORAL HEALTH-GENERAL SERVICES - deletes one position of Information Systems Analyst, Principle. Adds one position of Supervisor, Information Systems Analyst. BEHAVIORAL HEALTH SUBSTANCE ABUSE SERVICES - deletes one position of Information Systems Analyst, Principle. Adds one position of Supervisor, Information Systems Analyst. NEAL ROAD SANITARY LANDFILL- MANAGEMENT - adds one position of Code Enforcement Officer. GENERAL CORRECTIONS - various corrections to salary tables and classifications to implement or correct the salary ordinance to reflect the revised position classifications and implement the to salary increase - action requested - ADOPT RESOLUTION 05-024 AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PacES FEBRUARY 8,2005 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 8, 2005 0503-001 21. Library Donations - pursuant to Government Code Section 25355, donations of $950.30 from the Paradise Friends of the Library, $826.19 from the Oroville Friends of the Library, $200 from Shirley Ekroll of Oroville, and $100 from Robert and Merrie DePierre of Huntsville, Alabama, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 22. California Family Health Council, Inc. - approval is requested for a revenue agreement with the California Family Health Council, Inc., for funds to support family planning services. The term of the agreement is January 1, 2005, through December 31, 2005, with a maximum amount payable to the County of $89,070 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 23. California Department of Health Services - approval is requested for an agreement with the California Department of Health Services for technical support services and assistance in claims processing and program monitoring for local government agencies participating in the Medi-Cal Administrative Activities and Targeted Case Management program. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $625,000. Funding for the agreement is provided by fees paid by agencies participating in the program - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 24. California Department of Health Services - approval is requested for a revenue agreement with the California Department of Health Services for funds to support immunization activities. The term of the agreement is January 1, 2005, through December 31, 2005, with a maximum amount payable to the County of $61,530 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 25. Preparedness and Response to Bioterrorism Funding - approval is requested for a Certification Against Supplanting for fiscal year 2003-2004 funding as required by the California Department of Health Services - action requested - APPROVE CERTIFICATION AND AUTHORIZE THE CHAIR TO SIGN. 26. Private Industry Council - approval is requested for a sole source agreement with the Private Industry Council for the provision of teen staff to work in the department's Teen Clinic. The term of the agreement is January 1, 2005, through December 31, 2005, with a maximum amount payable of $30,000 (grant funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X15320) MINUTES PacE6 FEBRUARY 8,2005 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 8, 2005 0503-001 27. Budget Adjustments and Fixed Asset Purchase - approval is requested to accept and appropriate $51, 225 from the landfill gate fees revenue account to provide the appropriations needed for expenses related to the recently adopted illegal dumping ordinance. Board approval is also requested to authorize the fixed asset purchase of a 4-wheel drive pick-up truck for the program in the amount of $30,000 - action requested - APPROVE BUDGET TRANSFER B-243 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF 4- WHEEL DRIVE PICK-UP TRUCK. 28. County Service Area No. 25 (Shasta Union Drainage) - approval is requested for the fixed asset purchase of a heavy-duty truck in the estimated amount of $55,000. The truck will be used in maintaining the levees within the County Service Area. Funding for the purchase is available in the Designated Fund Balance, and Board approval is also requested for a transfer of the required funds - action requested - APPROVE BUDGET TRANSFER B-244 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF HEAVY-DUTY TRUCK FOR COUNTY SERVICE AREA NO. 25. 29. Environmental Monitoring Plan - approval is requested for an Environmental Monitoring Plan completed pursuant to the criteria established in Resolution No. 01-075, adopted by the Board on June 26, 2001. The Butte County water Commission recommends approval of the plan - action requested - APPROVE ENVIRONMENTAL MONITORING PLAN. 30. K-9 Crossroads - Request for waiver of Fees - pursuant to Butte County Code Section 3-40.5, K-9 Crossroads, an organization which rescues, trains and places service dogs with individuals with special needs, is requesting the Board waive the Use Permit Fee associated with the construction of a training facility on APN 058-55-080 - action requested - PURSUANT TO BUTTE COUNTY CODE SECTION 3-40.5, FIND THAT IT IS IN THE PUBLIC INTEREST TO WAIVE THE FEES ASSOCIATED WITH THE USE PERMIT APPLICATION FOR APN 058-55-080. (52) MOTION: I MOVE APPROVAL OF THE CONSENT AGENDA (AS PRESENTED). S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) SUPERVISOR CONNELLY READ A RESOLUTION ACCEPTING THE DONATION OF PLAYGROUND EQUIPMENT FOR THE EMPLOYMENT CENTER FROM THE OROVILLE SUNRISE ROTARY CLUB. MINUTES PAGE 7 FEBRUARY 8, 2005 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 8, 2005 REGULAR AGENDA 0503-002 Boards, Commissions and Committees. (217) 1. Appointments to Listed Vacancies. 2. Solid waste Permit Enforcement and Appeal Independent Hearing Panel - action requested - CONFIRM APPOINTMENT OF SUPERVISORS DOLAN AND YAMAGUCHI, OR APPOINT NEw BOARD OF SUPERVISOR MEMBERS; APPOINT DOUG SPEICHER, EXPERT MEMBER, AND CARL PETERS, EXPERT MEMBER ALTERNATE, AND MYLES PUSTEJOVSKY, PUBLIC MEMBER, AND MIKE PEAVY, PUBLIC MEMBER ALTERNATE, ALL TO TERMS TO END JANUARY 8, 2007. MOTION: I MOVE TO CONFIRM APPOINTMENT OF SUPERVISORS DOLAN AND YAMAGUCHI. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MOTION: I MOVE TO APPOINT DOUG SPEICHER, EXPERT MEMBER, AND CARL PETERS, EXPERT MEMBER ALTERNATE, AND MYLES PUSTEJOVSKY, PUBLIC MEMBER, AND MIKE PEAVY, PUBLIC MEMBER ALTERNATE, ALL TO TERMS TO END JANUARY 8, 2007. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 3. Butte County water Advisory Committee - action requested - ACCEPT THE RECOMMENDATION OF THE WATER COMMISSION AND APPOINT ROBIN MCCOLLUM, NORA TODENHAGEN, ROGER LEDERER, AND JOHN MERZ. MOTION: I MOVE TO APPOINT NORA TODENHAGEN, ROGER LEDERER, AND JOHN MERZ. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 4. Board Member or Committee Reports. (293) SUPERVISOR JOSIASSEN PROVIDED A REPORT ON THE CALIFORNIA STATE ASSOCIATION OF COUNTIES MEETING. THE TOPIC DISCUSSED WAS PROPOSED PENSION REFORM. CHAIR YAMAGUCHI PROVIDED A REPORT FROM THE REGIONAL COUNCIL OF RURAL COUNTIES MEETING. THE TOPICS DISCUSSED WERE THE SIERRA NEVADA CONSERVANCY AND THE HEAVY DUTY DIESEL VEHICLE RETROFIT. 0503-003 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. (472) PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, REPORTED ON A BILL THAT WAS INTRODUCED TO EXTEND FUNDING UNDER HR2389. THOSE FUNDS SUPPORT OUR FIRE SAFE COUNCILS. ALSO DISCUSSED WAS PROPOSED LEGISLATION THAT WOULD REPLACE THE CURRENT DEFINED BENEFIT PENSION PROGRAM WITH A DEFINED CONTRIBUTION PLAN FOR EMPLOYEES HIRED AFTER JUNE 30, 2007. MINUTES PacEB FEBRUARY 8,2005 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 8, 2005 0503-003 1. Vehicle License Fee Gap Receivable Financing Program - consideration of a resolution approving the form of, and authoring the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the vehicle license fee receivable from the State and directing and authorizing certain other actions in connection therewith - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (900) MOTION: I MOVE TO ADOPT RESOLUTION 05-026 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 2 3 4 5 (No Vote Called) ITEM RECESSED BEFORE VOTE TO ALLOW BOARD MEMBERS TIME TO REVIEW THE RESOLUTION. ITEM WILL BE RECONSIDERED LATER IN THE MEETING. RECESS: 9:50 A.M. RECONVENE : 1 O: O 5 A. M. REGULAR AGENDA 0503-004 Central Sacramento Valley Resource Conservation and Development Area Council - Report to the Board - informational presentation of the Council's purpose and programs - action requested - ACCEPT FOR INFORMATION. (1410) PRESENTATION TO THE BOARD BY LARRY AIKEN, PROGRAM COORDINATOR, CENTRAL SACRAMENTO VALLEY RESOURCE CONSERVATION AND DEVELOPMENT AREA COUNCIL. 0503-005 Butte County Resource Conservation District - Report to the Board - annual presentation of the District's activities and programs - action requested - ACCEPT FOR INFORMATION. (1985) PRESENTATION TO THE BOARD BY PIA SEVELIUS, MANAGER, BUTTE COUNTY RESOURCE CONSERVATION DISTRICT. MINUTES PAGE 9 FEBRUARY 8, 2005 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 8, 2005 PUBLIC HEARINGS AND TIMED ITEMS 0503-006 Public Hearing - Community Development Block Grant Program - consideration of an application to the Community Development Block Grant (CDBG) program's Economic Development Allocation's California Community Economic Enterprise Fund. The County's CDBG Enterprise Fund request is to provide funding to develop a Micro- Enterprise Business Assistance Program, which will support businesses that are located within unincorporated Butte County. Businesses having five (5) or fewer employees would be eligible for this program's assistance. General program administration costs will also be funded by this grant. The total amount of the grant application is $324,875 - action requested - ADOPT RESOLUTION APPROVING SUBMISSION OF THE GRANT AND AUTHORIZE THE CHAIR TO SIGN. (3289)(**00) PUBLIC HEARING OPENED: 10:50 A.M. PUBLIC HEARING CLOSED: 11:09 A.M. MOTION: I MOVE TO ADOPT RESOLUTION 05-025 APPROVING SUBMISSION OF THE GRANT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: 11:10 A.M. RECONVENE : 11:2 3 A . M . PUBLIC HEARINGS AND TIMED ITEMS 0503-007 Public Hearing - Adjustment of Chico Urban Area Street Facility Improvement Fees, Adjustment of Drainage Impact Fees in Thermalito and Establishment and Levying of Development Impact Fees for Storm Drainage Facilities within the Chico Urban Area - pursuant to Article I, Section I of the Butte County Charter and Article XI, Section 7 of the California Constitution, the Board will consider and may establish and levy development impact fees on new residential and nonresidential development in the unincorporated Chico Urban Area of Butte County for roads and storm drainage facilities. The Development Impact Fees will be established and levied through the adoption of two ordinances, as well as through the amendment or repeal of existing ordinances and resolutions authorizing the collection of Development Impact Fees - action requested - ADOPT ORDINANCE ADJUSTING THERMALITO DRAINAGE FEES AND ESTABLISHING DRAINAGE FEES WITHIN THE CHICO URBAN AREA AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT AN ORDINANCE ADJUSTING STREET FACILITY IMPROVEMENT FEES WITHIN THE CHICO URBAN AREA AND AUTHORIZE THE CHAIR TO SIGN. (**574) PUBLIC HEARING OPENED: 11:24 A.M. PUBLIC HEARING CLOSED: 11:40 A.M. (CHICO STREET FACILITY IMPROVEMENT FEES ONLY) MINUTES PAGE 10 FEBRUARY 8, 2005 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 8, 2005 0503-007 MOTION: I MOVE TO ADOPT ORDINANCE 3902 ADJUSTING STREET FACILITY IMPROVEMENT FEES WITHIN THE CHICO URBAN AREA, AS AMENDED TO CORRECT THE IMPLEMENTATION DATE OF THE FEES TO "SIXTY DAYS FROM DATE OF ADOPTION" AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) THE ORDINANCE ADJUSTING THERMALITO DRAINAGE FEES AND ESTABLISHING DRAINAGE FEES WITHIN THE CHICO URBAN AREA CONTINUED OPEN TO MARCH 1, 2005, AT 10:20 A.M. STAFF IS TO PROVIDE ADDITIONAL INFORMATION COMPARING DRAINAGE FEES IN THE COUNTY TO SIMILAR FEES CHARGED BY THE CITY OF OROVILLE. 0503-008 Public Hearing - Brent and Debbie Sobrero Tentative Parcel Map Appeal - consideration of an appeal of the Planning Commission's denial of a Tentative Parcel Map to divide a 40-acre parcel into two 20-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. Sewage disposal for the future dwellings on the site would be provided by individual on- site septic systems. Domestic water would be obtained from individual wells. The project site is located on the north side of Clear Creek Cemetery Road, approximately one mile east of Clark Road (State Highway 191) approximately 5 miles south of Paradise, and identified as APN 041-110-135 (MM [TPM 04-07]) - action requested - OPEN HEARING AND CONTINUE OPEN TO MARCH 1, 2005, AT 10:30 A.M. (**1314) PUBLIC HEARING OPENED AT 11:45 A.M., AND CONTINUED OPEN TO MARCH 1, 2005, AT 10:30 A.M. REGULAR AGENDA 0503-009 Continuation of 0503-003(1.) - Vehicle License Fee Gap Receivable Financing Program - consideration of a resolution approving the form of, and authoring the execution and delivery of a purchase and sale agreement and related documents with respect to the sale of the vehicle license fee receivable from the State and directing and authorizing certain other actions in connection therewith - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (**1400) MOTION VOTE: MINUTES I MOVE TO ADOPT RESOLUTION 05-026 AND AUTHORIZE THE CHAIR TO SIGN. S M l Y 2 Y 3 N 4 Y 5 Y (Motion Carried) PAGE 11 FEBRUARY 8, 2005 BUTTE COUNTY BOARD OF SUPERVISORS CLOSED SESSION MINUTES -FEBRUARY 8, 2005 0503-010 RECESS: THE BOARD RECESSED AT 12:18 A.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) ONE POTENTIAL CASE; CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE; AND CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) C.S.M.C.S. (CASE NO. ARB-03-2357). (**2775) RECONVENE : THE BOARD RECONVENED AT 1 : 3 0 P . M . FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) ONE POTENTIAL CASE; CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE; AND CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) C.S.M.C.S. (CASE NO. ARB-03-2357). (**2819) (NO ANNOUNCEMENTS) REGULAR AGENDA 0503-011 Information Technology - Challenges and Opportunities - Report to the Board - a comprehensive overview of the state of information technology in the County - action requested - ACCEPT REPORT AND RECOMMENDATIONS. (**2834) MOTION: I MOVE TO ACCEPT THE REPORT AND RECOMMENDATIONS. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 0503-012 Changes to Permitted Uses in Agricultural Residential (AR) Zoned Areas - discussion regarding a possible change to Section 24-05 "AR Through AR-10 (Agricultural Residential) Zones" of the Butte County Zoning Ordinance to allow construction of neighborhood dental and medical clinics in areas to better serve residents in a style and manner conducive to a residential area - action requested - DISCUSS AND PROVIDE DIRECTION STAFF. (**3123) (***00) MOTION: I MOVE TO DIRECT STAFF TO PROCEED WITH AMENDING THE AR ZONE TO CONSIDER SMALL MEDICAL (AND DENTAL) CLINICS UNDER USES REQUIRING A USE PERMIT. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MINUTES PAGE 12 FEBRUARY 8, 2005 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 8, 2005 RECESS: Recessed at 1:46 p.m., as the Butte County Board of Supervisors and convened as the Thompson Flat Cemetery District Board of Directors. THOMPSON FLAT CEMETERY DISTRICT BOARD OF DIRECTORS MINUTES FEBRUARY H, 2 0 0 5 Called to order at 1:46 p.m., in the Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Board members present: Connelly, Dolan, Houx, Josiassen, and Chair Yamaguchi. Also present: Dorothy Bell, Deputy Clerk. (**3716)(***00) Agenda Items 0501-001 Resolution Amending Resolution 2001-O1, Regarding Endowment Care Fund and Pre-Need Fund - approval is requested for a resolution amending Resolution 2001-01 which established an Endowment Care Fund and a Pre-Need Fund to permit the advanced purchase of cemetery plots. The amendment will provide a clearer statement of purpose for the fund - action requested - ADOPT RESOLUTION 2005-O1 AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO ADOPT RESOLUTION 2005-O1 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Public Comment 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 is prohibited from taking action on any item not listed on the agenda. (**3777) (NONE) Adjournment Adjourned at 1:48 p.m., as the Thompson Board of Directors and convened as th Facilities Financing Corporation. Flat Cemetery District e Butte County Public MINUTES PAGE 13 FEBRUARY 8, 2005 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 8, 2005 BUTTE COUNTY PUBLIC FACILITIES FINANCING CORPORATION MINUTES FEBRUARY H, 2 0 0 5 Called to Order at 1:47 p.m., in the Board of Supervisors Room, 25 County Center Drive, Oroville. Board members present: Connelly, Dolan, Houx, Josiassen, and Chair Yamaguchi. (***40) 0501-001 Appointment of New Officers - action requested - APPOINT OFFICERS AS FOLLOWS: PRESIDENT - CHAIR YAMAGUCHI; VICE PRESIDENT - VICE CHAIR JOSIASSEN; SECRETARY/TREASURER - DICK PUELICHER; AND LESSEE REPRESENTATIVE - LINDA BARNES. MOTION: I MOVE TO APPOINT THE OFFICERS AS FOLLOWS: PRESIDENT - CHAIR YAMAGUCHI; VICE PRESIDENT - VICE CHAIR JOSIASSEN; SECRETARY/TREASURER - DICK PUELICHER; AND LESSEE REPRESENTATIVE - LINDA BARNES. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 0501-002 Treasurer's Report - action requested - ACCEPT FOR INFORMATION. MOTION: I MOVE TO ACCEPT THE TREASURER'S REPORT FOR INFORMATION. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 0501-003 Approval of Minutes - action requested - APPROVE MINUTES OF FEBRUARY 10, 2004. MOTION: I MOVE TO APPROVE THE MINUTES OF FEBRUARY 10, 2004. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 0501-004 Public Comment 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 is prohibited from taking action on any item not listed on the agenda. (***179) (NONE) 0501-005 Other Business (NONE) Adjournment Adjourned at 1:48 p.m., as the Butte County Public Facilities Financing Corporation Board of Directors, and reconvened as the Butte County Board of Supervisors. MINUTES PAGE 14 FEBRUARY 8, 2005 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 8, 2005 BUTTE COUNTY BOARD OF SUPERVISORS REGULAR AGENDA 0503-013 Items Removed from the Consent Agenda for Board Consideration and Action. (***191) (NONE) PUBLIC COMMENT 0503-014 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. (***196) (NONE) ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 1:51 P.M., TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, MARCH 1, 2005, AT 9:00 A.M. KIM K. YAMAGUCHI, CHAIR ATTEST: Paul McIntosh, Chief Administrative Office and Clerk of the Board By: MINUTES PAGE 15 FEBRUARY 8, 2005