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HomeMy WebLinkAboutM022503BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003 Called to Order at 9:03 a.m. in the Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Dolan, Houx, Josiassen, Yamaguchi, and Chair Beeler. Also present: Paul McIntosh, Chief Administrative Officer; Bruce Alpert, County Counsel; and Marion Reeves, Assistant Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Invocation - Pastor James Patterson, Community United Methodist Church, Durham. CORRECTIONS AND~OR CHANGES TO THE AGENDA. (75)(NONE) CONSENT AGENDA 03-054 1. Mid-year Budget Request - approval is requested for budget adjustments in response to an updated allocation letter received from the State Department of Alcohol and Drug Programs and changes in Federal HIV funds - action requested - APPROVE BUDGET TRANSFER B-306 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AND PROVIDING BUDGET ADJUSTMENTS AS DETAILED IN THE AGENDA REPORT . 2. Employment Agreement Amendment - Director-Public Works - approval is requested for an amendment to the employment agreement with J. Michael Crump, Director-Public Works. The amendment revises Article 1, Section 1.02 and Article 6, Section 6.02, modifying the number of days required for notification of non-renewal of contract or termination to 90 days. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. 3. Approval of Minutes - action requested - APPROVE MINUTES OF JANUARY 28, 2003, AND FEBRUARY 11, 2003. 4. Oroville Cemetery District - the District has submitted recommendations for the current vacancies - action requested - REAPPOINT CORDON ANDOE AND STEVE HERR, TRUSTEES, TO TERMS TO END JANUARY 1, 2007. 5. Approval to Purchase Fixed Asset - Microprinter - approval is requested for the fixed asset purchase of a microprinter (microfiche reader-printer) in the estimated amount of $13,500. The purchase will replace an outdated model that is in disrepair. Funding for the purchase is available from the Micrographics Trust Fund and Board approval is also requested for a budget transfer to provide for the purchase - action requested - APPROVE BUDGET TRANSFER B-297 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED TRUST FUND REVENUE; AND APPROVE FIXED ASSET PURCHASE OF MICROPRINTER IN THE ESTIMATED AMOUNT OF $13,500. MINUTES PacE 1 FEBRUARY 25, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003 03-054 6. Development Review Committee - on January 23, 2003, the Butte County Planning Commission unanimously voted to recommend the Board appoint Commissioners Lambert and Leland to the Development Review Committee for 2003 - action requested - APPOINT COMMISSIONERS LAMBERT AND LELAND TO THE DEVELOPMENT REVIEW COMMITTEE FOR 2003. 7. California District Attorneys Association - Environmental Crimes Program - approval is requested to accept and appropriate $166,000 in grant funds from the California District Attorneys Association to support an Environmental Crimes Program. $41,150 will be appropriated in fiscal year 2002-2003 and $124,850 will be appropriated in fiscal year 2003-2004. The funds will provide for one District Attorney Senior Investigator position which will provide services to the California District Attorney Association's Feather River District Environmental Project. The District Attorney's Office will provide in-kind services in the amount of $32,164. Funding for the in-kind contribution will be provided by the District Attorney Restricted-Environmental and Consumer Protection Trust Fund - action requested - ACCEPT GRANT; AND APPROVE BUDGET TRANSFER B-302 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUES AS DETAILED IN THE AGENDA REPORT. 8. Vang Leng Mouanoutoua, Ph.D. - Prior Year Amendment - approval is requested for a prior year amendment to the agreement with Vang Leng Mouanoutoua, Ph.D., for the provision of psychological evaluation services to Children's Services clients. The amendment increases the maximum amount payable by $2,095.90 (Child Welfare Services budget) for the increased utilization of services. The vendor was authorized to provide additional services late in the fiscal year and a claim for services rendered was not received prior to the end of the fiscal year. The department certifies that services were rendered in accordance with the terms of the agreement - action requested - APPROVE PRIOR YEAR AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE AUDITOR TO PAY FOR SERVICES RENDERED IN FULL. 9. Intranet Project - approval is requested to purchase hardware and software necessary to implement a department-wide Intranet. Implementation of the Intranet will provide the department with the capabilities for E-learning, on-line policies and procedures, conferencing and immediate access to the most current and accurate information. The department is proposing to utilize $316,996 in unanticipated Federal Temporary Assistance for Needy Families (TANF) Welfare Performance Incentive Funds to fund the project and Board approval is also requested for a budget transfer and fixed asset purchases in support of the project - action requested - APPROVE BUDGET TRANSFER B-300 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FEDERAL TANF FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE PURCHASE OF FIXED ASSET ITEMS AS DETAILED IN THE AGENDA REPORT. MINUTES PacE 2 FEBRUARY 25, 2003 BUTTE COUNTY BOARD OF SUPERVISORS 03-054 MINUTES MINUTES-FEBRUARY 25, 2003 10. Approval to Purchase Fixed Asset - Identification Card Production System - approval is requested to purchase an identification card production system for County career and volunteer firefighters. The cards will be used for identification, security and accountability purposes. The department is requesting a transfer of $15,000 of department budget funds to provide for the purchase - action requested - APPROVE BUDGET TRANSFER B-293; AND APPROVE FIXED ASSET PURCHASE OF IDENTIFICATION CARD SYSTEM IN THE ESTIMATED AMOUNT OF $15,000. 11. Budget Transfer for Station requested to transfer a total of from various line items to maintenance accounts to provide and special project expenses - BUDGET TRANSFER B-305. Maintenance - approval is $40,008 of department funds the department's station for day to day maintenance action requested - APPROVE 12. State Domestic Preparedness Grant - approval is requested to accept and appropriate $109,212.06 in State Domestic Preparedness Grant funds. The department is proposing to utilize $24,131.25 for the purchase of an air respirator system and two photo ionization detectors and Board approval is also requested for the fixed asset purchase of those items. The remaining funds will be utilized to purchase hazardous materials equipment - action requested - APPROVE BUDGET TRANSFER B-301 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE PURCHASE OF FIXED ASSET EQUIPMENT. 13. Adoption of an Ordinance of the County of Butte Repealing Chapter 46 of the Butte County Code Concerning Purchasing and Replacing it with a New Chapter 46 Concerning Purchasing - approval is requested for an ordinance which will amend the County's purchasing ordinance. The ordinance amendment provides for "clean up" language for previous sections of the ordinance requiring correction and/or clarification and implements processes that are designed to achieve enhanced control over contracts - action requested - ADOPT ORDINANCE 3845 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-11-03 [3.33]) 14. Resolution in Recognition of Donna Harlin Upon Retirement from the County of Butte - action requested - ADOPT RESOLUTION 03-031 AND AUTHORIZE THE CHAIR TO SIGN. PAGE 3 FEBRUARY 25, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003 03-054 15. Ratify Emergency Purchase and Appropriate Disaster Funds for Additional Projects - approval is requested to ratify the emergency fixed asset purchase of a CLEMARS radio repeater in the amount of $9,103.97 to replace equipment that failed and was deemed beyond economic repair. To fund the purchase the department is requesting the Board approve a transfer of $23,494.84 of residual Natural Resource Conservation Service Emergency Watershed Protection Act funds. The balance of the transferred funds will be utilized to cover the demolition of a flood-damaged structure acquired by the County - action requested - APPROVE BUDGET TRANSFER B-290 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE IN THE AMOUNT OF $23,494.84 AS DETAILED IN THE AGENDA REPORT; AND RATIFY EMERGENCY PURCHASE OF A FIXED ASSET RADIO REPEATER. 16. Emergency Operations Planning Grant - the Office of Emergency Services is eligible for a Federal Emergency Management Agency grant that will provide $96,450 for the updating of emergency operations plans, planning for exercises, and limited staff training. The grant funds will be distributed to the County, the City of Biggs, the City of Chico, the City of Gridley, the City of Oroville and the Town of Paradise - action requested - APPROVE GRANT ASSURANCES AND AUTHORIZE THE CHAIR TO SIGN; ADOPT RESOLUTION 03-032 AUTHORIZING THE EMERGENCY SERVICES OFFICER TO EXECUTE DOCUMENTS IN SUPPORT OF THE GRANT; AND RECOGNIZE UNANTICIPATED REVENUE AND ALLOCATION OF FUNDS SUBJECT TO NOTIFICATION OF GRANT AWARD. 17. Superior Court of California, County of Butte - approval is requested for a Memorandum of Understanding with the Superior Court of California, County of Butte, which specifies the responsibilities of the Court and the County during the expansion of the courthouse. The agreement contains not to exceed expenditure limits of $2,700,000 for the Court and $115,000 (Court Construction Fund) for the County - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 18. Butte County Employees' Association - Supplemental Memorandum of Understanding - approval is requested for a supplemental Memorandum of Understanding with the Butte County Employees' Association. The supplement contains the following major provisions: 1) an increase in County contribution to employee health premiums effective January 1, 2003; 2) a 2.5o Cost of Living Adjustment effective September 28, 2002; and 3) a reopening clause upon implementation of the Countywide classification/compensation study - action requested - APPROVE SUPPLEMENTAL MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PacE 4 FEBRUARY 25, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003 03-054 19. Managed Health Network - Amendment - approval is requested for an amendment to the agreement with Managed Health Network for the provision of the Butte County Employee Assistance Program. The amendment will provide for the addition of the five Butte County In-Home Supportive Services Public Authority employees to the program, effective November 1, 2002. The cost of the amendment will be $9.11 per eligible employee per month ($45.55 per month for five employees/Public Authority budget). All other terms and conditions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13882) 20. Resolution to Amend the Salary Ordinance - approval is requested for a resolution which will amend the salary ordinance as follows: ADMINISTRATIVE - deletes one flexibly staffed position of Office Assistant III/II/I and adds one flexibly staffed position of Administrative Services Assistant/Principal Clerk/Office Assistant III/II/I. DISTRICT ATTORNEY-CRIMINAL - adds one sunset position of District Attorney Senior Investigator (ending date 6-30-04). PUBLIC WORKS-CONSTRUCTION AND MAINTENANCE - deletes one flexibly staffed position of Engineering Technician II, six flexibly staffed positions of Road Maintenance Worker I/Road Maintenance Aide, and thirteen flexibly staffed positions of Road Maintenance Worker II/I. Adds one flexibly staffed position of Engineering Technician III/II/I and nineteen flexibly staffed positions of Road Maintenance Worker II/I/Road Maintenance Aide. PUBLIC WORKS-SHOP AND STORES - adds one flexibly staffed position of Heavy Equipment Mechanic/Equipment Mechanic - action requested - ADOPT RESOLUTION 03-033 AND AUTHORIZE THE CHAIR TO SIGN. 21. Correctional Officer-Lateral Transfers - approval is requested to compensate Correctional Officers hired as Lateral Transfers at step two of the salary range for Correctional Officers in support of recruiting efforts for Correctional Officers. The job specifications have been updated to detail qualifications needed to be hired as a Lateral Transfer - action requested - APPROVE COMPENSATION OF CORRECTIONAL OFFICERS HIRED AS LATERAL TRANSFERS AT STEP TWO OF THE SALARY RANGE FOR CORRECTIONAL OFFICERS. 22. Library Donations - pursuant to Government Code Section 25355, donations of $2,090 from the Chico Friends of the Library, $1,000 from the Paradise Friends of the Library, and $300 from the Fraternal Order of Eagles (Chico Chapter) have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. MINUTES PacE 5 FEBRUARY 25, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003 03-054 23. Unanticipated Grant Revenue - California State Library Literacy Matching Grant - approval is requested to accept and appropriate an additional $3,778 in California State Library Literacy Matching Grant funds. The funds are utilized to administer and support adult learner and tutor literacy programs and activities. The department must have the funds expended or encumbered by June 30, 2003 - action requested - APPROVE BUDGET TRANSFER B-295 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE AS DETAILED IN THE AGENDA REPORT. 24. Library Advisory Board - the Director of Libraries submits a recommendation for the vacancy on the Library Advisory Board - action requested - APPOINT KATHRYN AZEVEDO. 25. Remodeling Project Costs and Fixed Asset Purchase - approval is requested for a budget transfer of $120,984 from the Juvenile Hall budget unit to the General Probation Services budget unit to provide funds for unanticipated expenses resulting from the remodel of 42 County Center Drive, and the fixed asset purchase of a rolling file storage system. Funding for the purchase of the fixed asset filing system was included in the fiscal year 2001-2002 budget but was not expended. The purchase of the filing system occurred in fiscal year 2002-2003. The encumbrance for the purchase was not carried forward from fiscal year 2001-2002 to fiscal year 2002-2003, and as a result, Board approval is also needed to ratify the purchase of the filing system - action requested - APPROVE BUDGET TRANSFER B-296 AS DETAILED IN THE AGENDA REPORT; AND RATIFY SOLE SOURCE PURCHASE OF A FIXED ASSET FILING SYSTEM IN THE AMOUNT OF $21,589. 26. County Service Area #135, Zone 1 - Keefer Creek Estates - Budget Transfer - approval is requested to transfer $879 from the Keefer Creek Estates, Zone 1, Designated Fund Balance to the Interfund Services Fund to provide for the payment of election costs for a special election held August 12, 2002 - action requested - APPROVE BUDGET TRANSFER B-298 (4/5 vote required). 27. Butte County Association of Governments - approval is requested for a Memorandum of Understanding with the Butte County Association of Governments which formally establishes procedures for the coordination of transportation and planning and programming of federal funds pursuant to federal requirements - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PacE 6 FEBRUARY 25, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003 03-054 28. Pacific Municipal Consultants - Amendment - approval is requested for an amendment to the agreement with Pacific Municipal Consultants for the preparation of environmental documentation in support of the Reconstruction of Oroville Bangor Highway project. The amendment increases the maximum amount payable by $7,000 (department budget) for additional services required to complete a Wetlands Delineation and Spring Botanical Study. 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. X14001) 29. TEA 21 Reauthorization - Congressional Member's Request - as part of the process to explore possible funding sources for the Skyway Widening Project, Congressman Herger's Office has forwarded information on the process for a United States House of Representatives Member's Request for highway and transit projects for the upcoming reauthorization of TEA 21. Staff is requesting the Board authorize the department to provide Congressman Herger with the information necessary to complete the Transportation Project Evaluation Criteria questionnaire for the first phase of the Skyway Widening Project between South Park Drive and Coutolenc Road - action requested - DIRECT THE DEPARTMENT OF PUBLIC WORKS TO ASSIST CONGRESSMAN HERGER'S OFFICE IN COMPLETING THE QUESTIONNAIRE. 30. Setting of Public Hearing - Intent to Rename a Private Road - the owners of the properties along Christopher J. Court have submitted a petition to change the name of the road to Palm Vista Lane. Board approval is requested for a resolution setting a public hearing for consideration of the matter for March 11, 2003, at 10:35 a.m. - action requested - ADOPT RESOLUTION 03-034 SETTING PUBLIC HEARING FOR MARCH 11, 2003, AT 10:35 A.M. AND AUTHORIZE THE CHAIR TO SIGN. 31. Emergency Purchase - Jail Cook Kettle - approval is requested for the emergency fixed asset purchase of an 80-gallon capacity gas kettle for the Incarceration Division's kitchen. The current kettle is not operable and has been deemed beyond economic repair. The kitchen serves over 500 meals a day and has made emergency menu modifications to accommodate the loss of the equipment, but replacement equipment is needed to continue compliance with Title 15 regulations. As a result of the immediate need for the equipment, the department is requesting the Board approve an exception to the bidding process pursuant to Section 46-14 of the County's Purchasing Ordinance. The cost of a new kettle is $19,300, and approval is also requested for a transfer from the General Fund Appropriation for Contingencies to provide for the purchase - action requested - AUTHORIZE THE EMERGENCY PURCHASE OF A FIXED ASSET 80-GALLON TILTING GAS KETTLE FROM PRO/LINE MARKETING PURSUANT TO SECTION 46-14 OF THE PURCHASING ORDINANCE; AND APPROVE BUDGET TRANSFER B-308 (4/5 vote required) ACCEPTING AND APPROPRIATING $19,300 FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES. MINUTES PacE 7 FEBRUARY 25, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003 03-054 32. Monthly Investment Report - submitted is the Monthly Investment Report for January 31, 2003, in accordance with the Butte County Statement of Investment Policy dated July 1, 2002 - action requested - ACCEPT FOR INFORMATION. MOTION: VOTE 33. Lime Saddle Trust Fund Extension - approval is requested to extend the trust fund governing the exchange of property taxes for the dissolution of the Lime Saddle Community Services District until March 7, 2006, to allow for the trust fund to be utilized during the construction of the two-mile pipeline for the benefit of Lime Saddle residents - action requested - ADOPT RESOLUTION 03-035 AND AUTHORIZE THE CHAIR TO SIGN. 34. Cherokee Creek Water Quality Monitoring Program - approval is requested to approve alterations to the appropriations contained within the department's budget for the grant agreements with CALFED and the State Water Resources Control Board for water monitoring projects within the Cherokee watershed. The net change in appropriations is an increase of $5,000 - action requested - APPROVE BUDGET TRANSFER B-294 (4/5 vote required) ACCEPTING, APPROPRIATING AND ADJUSTING REVENUES AS DETAILED IN THE AGENDA REPORT. 35. Resolution Designating the Friends of the Arts as the Local Partner for the California Arts Council's State-Local Partnership Program - the Friends of the Arts-Butte County is requesting the Board adopt a resolution which will designate the Friends of the Arts as the local partner for the California Arts Council's State Local Partnership Program. The designation will allow the Council to bring a maximum $30,000 grant into the County for the purpose of promoting the arts and culture - action requested - ADOPT RESOLUTION 03-036 AND AUTHORIZE THE CHAIR TO SIGN. (77) I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED WITH THE NOTATION THAT SUPERVISOR HOUR IS ABSTAINING FROM THE APPROVAL OF THE MINUTES OF JANUARY 28, 2003. M S 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) PRESENTATION OF RESOLUTION BY CHAIR BEELER TO DONNA HARLIN UPON HER RETIREMENT FROM THE COUNTY OF BUTTE. REGULAR AGENDA 03-055 1. Appointments to Boards, Commissions and Committees. (204) 1. Appointments to Listed Vacancies. (NONE) MINUTES PAGE 8 FEBRUARY 25, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003 03-056 Resolution Honoring Butte County Employees for Dedicated Years of Service - presentation of awards to employees with 30, 35, and 40 years of service - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND PRESENT AWARDS TO EMPLOYEES WITH 30, 35, AND 40 YEARS OF SERVICE. (214) MOTION: I MOVE TO ADOPT RESOLUTION 03-037 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) PRESENTATION OF RESOLUTIONS AND AWARDS TO MARY ANDES, GARTH LONG, CHARLES CATT, REX HUFFMAN, ROBERT JONES, REGINA ELLENA, CHERYL JONES, RONALD LORIMOR, KENNETH REIMERS, MARY VANGILDER, PERRY RENIFF, GERALD HIGHTOWER, ARLETA CONVAY, AND LEROY SMITH. RECESS: 9:18 A.M. RECONVENE: 9:24 A.M. QT)(!T TT TD D!'!T)TTT1T 03-057 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. (552) 1. Fiscal Year 2002-2003 Periodic Fiscal Status Report - presentation of the Fiscal Year 2002-2003 Periodic Fiscal Status Report, including a Countywide Status Report and Department Status Reports, for the purpose of monitoring financial matters at the mid-year point in the current budget year - action requested - ACCEPT FOR INFORMATION. PRESENTATION OF THE PERIODIC FISCAL STATUS REPORT TO THE BOARD BY PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER. 03-058 Butte County Micro-enterprise Incubation Program and Business Assistance Loan Program - Notice of Grant Award - the County, in conjunction with Tri-County Economic Development Corporation, has received notification of a $290,875 grant award from the State of California, Department of Housing and Community Development, for funds to support the creation of the Butte County Business Incubator Program and to provide assistance to small businesses. The Butte County Department of Employment and Social Services will also contribute $60,000 of CalWORKs Performance Incentive Funds for job creation activities within the program - action requested - APPROVE BUDGET TRANSFER B-257 (4/5 vote required) ACCEPTING AND APPROPRIATING $60,000 IN CALWORKS PERFORMANCE INCENTIVE FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE AMENDMENT TO SUBRECIPIENT AGREEMENT WITH TRI-COUNTY ECONOMIC DEVELOPMENT CORPORATION AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (FROM 2-11- 03/4.05]) (1231) MINUTES PacE 9 FEBRUARY 25, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003 03-058 MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-257 ACCEPTING AND APPROPRIATING $60,000 IN CALWORKS PERFORMANCE INCENTIVE FUNDS AS DETAILED IN THE AGENDA REPORT AND APPROVE THE AMENDMENT TO SUBRECIPIENT AGREEMENT WITH TRI-COUNTY ECONOMIC DEVELOPMENT CORPORATION AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 03-059 National Pollutant Discharge Elimination System, Phase II - Storm Water Management Program - consideration of the approval of the County's Storm Water Management Program for submission to the California Regional Water Quality Control Board. A fee of $2,500 is required to be submitted with the plan and approval is requested for a transfer of $2,887 from the General Fund Appropriation for Contingencies to provide for the application fee and advertising costs - action requested - APPROVE STORM WATER MANAGEMENT PLAN AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SUBMIT PLAN TO THE STATE; AND APPROVE BUDGET TRANSFER B-299 (4/5 vote required) FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES. (2249) MOTION: I MOVE TO APPROVE THE STORM WATER MANAGEMENT PLAN AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SUBMIT PLAN TO THE STATE; AND APPROVE BUDGET TRANSFER B-299 FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 03-060 Progress Report Regarding Efforts to Enhance Recruiting Efforts and to Stabilize the 911 Dispatch Center - report to the Board of the conceptual outline to enhance recruitment efforts and to stabilize the 911 Dispatch Center - action requested - ACCEPT FOR INFORMATION; AND DIRECT STAFF TO WORK WITH THE SHERIFF'S OFFICE TO IMPLEMENT THE RECOMMENDED ACTION PLAN. (2860) (**00) PRESENTATION TO THE BOARD BY PERRY RENIFF, SHERIFF-CORONER. RECESS: RECONVENE MINUTES PAGE 10 FEBRUARY 25, 2003 10:43 A.M. 10:48 A.M. BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003 PUBLIC HEARINGS AND TIMED ITEMS 03-061 Public Hearing - Abandonment of a Portion of Crown Point Road - the County has received a request to abandon the northerly portion of Crown Point Road, northeast of State Highway 32, in the Forest Ranch area. On January 9, 2003, the Planning Commission recommended approval of the abandonment and on January 28, 2003, the Board adopted Resolution 03-020, giving notice of the hearing on the petition to abandon the public right-of-way - action requested - FIND THE PUBLIC RIGHT-OF-WAY DESCRIBED IN THE NOTICE OF HEARING AND PETITION IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC USE AND ADOPT A RESOLUTION ABANDONING THE DESCRIBED PORTION OF THE CROWN POINT ROAD RIGHT-OF-WAY AND AUTHORIZE THE CHAIR TO SIGN. (**180) PUBLIC HEARING OPENED AT 10:51 A.M. AND CONTINUED OPEN TO MARCH 25, 2003, AT 10:25 A.M. TO ALLOW THE NEIGHBORS ALONG THE ROAD ADDITIONAL TIME TO DISCUSS THEIR DIFFERENCES REGARDING THE PROPOSED ABANDONMENT. 03-062 Public Hearing - John and Sharon Byrne - Tentative Subdivision Map - consideration of an appeal of the Development Review Committee's approval of a Tentative Subdivision Map proposing 36 single family residential parcels. The parcels will be from 6,500 to 8,576 square feet in size with a gross density of 3.8 dwelling units per acre. Sewage disposal would be handled by an on-site community system. Water supply would be provided by the California Water Company. Drainage would be handled by an on-site retention basin with discharge into the Shasta Union Drainage Assessment District. The project would obtain access via a looped internal subdivision road that would connect with Godman Avenue at two locations. 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 S-R (Suburban Residential) and is located at the southwest corner of Eaton Road and Godman Avenue, in the north Chico area, and identified as APN 007-260-091 and 007-260-082 (DB [TSM 01-06]) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. SUBJECT TO FINDINGS I (A-D) AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 25, 2003, ADOPT A MITIGATED NEGATIVE DECLARATION; MINUTES PAGE 11 FEBRUARY 25, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003 03-062 2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH 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 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 THE 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; AND 3 . SUBJECT TO FINDINGS II I (A-I ) AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 25, 2003, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED FEBRUARY 25, 2003, DENY THE APPEAL AND APPROVE TENTATIVE SUBDIVISION MAP 01-06 FOR JOHN AND SHARON BYRNE, APN 007-260- 091 AND 007-260-082. (**988) (***00) PUBLIC HEARING OPENED: 11:22 A.M. PUBLIC HEARING CLOSED: 11:58 A.M. PUBLIC HEARING CONTINUED CLOSED TO APRIL 8, 2003, AT 10:45 A.M., TO ALLOW STAFF TIME TO PROVIDE THE BOARD WITH ADDITIONAL INFORMATION REGARDING THE EXISTENCE OF A POLICY ON COMMUNITY SEWER SYSTEMS IN THE URBAN AREA, THE REGIONAL QUALITY CONTROL BOARD ASSESSMENT OF THIS APPLICATION, THE EATON ROAD DESIGN DETERMINATION AND AN EATON ROAD TRAFFIC COUNT REPORT. RECESS: 12:51 P.M. RECONVENE: 1:36 P.M. REGULAR AGENDA 03-063 Treasury Compliance and Performance Audit - presentation of the Compliance and Performance Audit of the Butte County Treasury for Fiscal Year 2001-2002 - action requested - ACCEPT FOR INFORMATION. (*** 1160) PRESENTATION TO THE BOARD BY DICK PUELICHER, TREASURER-TAX COLLECTOR. MINUTES PAGE 12 FEBRUARY 25, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003 03-064 Refinancing Courthouse Debt - presentation of a proposed refinancing of outstanding debt related to the courthouse expansion - action requested - AUTHORIZE THE TREASURER TO TAKE ACTIONS NECESSARY TO COMPLETE PRELIMINARY WORK ON REFINANCING THE OUTSTANDING DEBT AND RETURN THE FINAL PACKAGE AND DOCUMENTS TO THE BOARD FOR APPROVAL. (***1403) MOTION: I MOVE TO AUTHORIZE THE TREASURER TO TAKE ACTIONS NECESSARY TO COMPLETE PRELIMINARY WORK ON REFINANCING THE OUTSTANDING DEBT AND RETURN THE FINAL PACKAGE AND DOCUMENTS TO THE BOARD FOR APPROVAL. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 03-065 A Matter on Which a Public Hearing Has Been Held and a Motion of Intent Adopted - Webb Homes/Richard and Janice Fiore Trust - Mitigated Negative Declaration and Tentative Subdivision Map - the hearing consisted of an appeal of the approval of a Mitigated Negative Declaration and Tentative Subdivision Map to divide two parcels totaling 4.92 acres into 16 parcels ranging in size from 8,346 to 12,350 square feet (0.19 - 0.28 acres) with an average lot size of 10,106 square feet. The property is zoned S-R (Suburban Residential) and is located between West 11th Avenue and West 12th Avenue, approximately 200 feet east of Fern Avenue in Chico, and identified as APN 043-040-080 and 043-040-097. On October 8, 2002, the Board adopted a motion of intent to deny the appeal and approve the Subdivision Map pending revisions - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. CONSIDER OPTIONS 1, 2, OR 3, OR A COMBINATION THEREOF, WITH REGARD TO TREE RETENTION WITHIN THE SUBDIVISION, AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 11, 2003, AND, IF APPROPRIATE, DIRECT THE INCORPORATION OF THE OPTION OR COMBINATION OF OPTIONS SELECTED INTO THE CONDITIONS OF APPROVAL; 2. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 11, 2003, ADOPT A MITIGATED NEGATIVE DECLARATION; MINUTES PAGE 13 FEBRUARY 25, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003 03-065 3. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH 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 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 THE 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; AND 4. SUBJECT TO FINDINGS III(A-K) AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 11, 2003, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED FEBRUARY 11, 2003, DENY THE APPEAL AND APPROVE TENTATIVE SUBDIVISION MAP 00-01 FOR WEBB HOMES, APN 043-040-080 AND 043-040-097. (FROM 2-11-03 [4.10]) (***1530) MOTION: I MOVE TO INCORPORATE OPTIONS 2 AND 3 WITH REGARD TO TREE RETENTION WITHIN THE SUBDIVISION, AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 11, 2003, AND, DIRECT THE INCORPORATION OF THE OPTIONS SELECTED INTO THE CONDITIONS OF APPROVAL; AND SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 11, 2003, MOVE TO ADOPT A MITIGATED NEGATIVE DECLARATION; FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH 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 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 THE 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; AND SUBJECT TO FINDINGS III(A-K) AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 11, 2003, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED FEBRUARY 11, 2003, FURTHER MOVE TO DENY THE APPEAL AND APPROVE TENTATIVE SUBDIVISION MAP 00-01 FOR WEBB HOMES, APN 043-040-080 AND 043-040-097. S M VOTE: 1 Y 2 N 3 N 4 Y 5 Y (Motion Carried) MINUTES PacE 14 FEBRUARY 25, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003 03-066 Contribution Agreement - Traffic Control Signal and Safety Lighting Project on State Route 99 at Estates Drive - consideration of an amendment to the contribution agreement with the State of California, Department of Transportation, for the installation of a traffic control signal and safety lighting project on State Route 99 at Estates Drive. The amendment proposes language changes requested by the State regarding potential funding sources - action requested - ADOPT RESOLUTION AMENDING CONTRIBUTION AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN (AGREEMENT SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER) (***1772) MOTION: I MOVE TO ADOPT RESOLUTION 03-038 AMENDING CONTRIBUTION AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 03-067 Items Removed from the Consent Agenda for Board Consideration and Action. (NONE) (***1922) PUBLIC COM[IENT 03-068 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. (***1927) (****00) 1. Howard Gregg addressed the Board to request the County address problems in Southside Oroville. SUPERVISOR HOUR REQUESTED AN UPDATE ON THE NUISANCE ABATEMENT ORDINANCE BE PLACED ON THE NEXT AGENDA. 2. Netta Bramhall, addressed the Board to request the Board acknowledge IHSS workers by giving them more pay and benefits. 3. Pat Hankins addressed the Board to share what IHSS workers do for their patients. 4. Doris Laughlin addressed the Board regarding what IHSS workers do for their patients and requested the Board look at hours and money for the workers. 5. Kitty Hickelson addressed the Board to discuss the low wages for IHSS workers. 6. Howard Gregg addressed the Board to thank the Board for being a representative on IHSS Advisory Board and to request higher wages for IHSS workers. MINUTES PAGE 15 FEBRUARY 25, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-FEBRUARY 25, 2003 03-067 7. Jan Geddes addressed the Board to share what she does as an IHSS worker for her patients and to request higher wages for workers. 8. Tria Tao addressed the Board to share what he does for his son and another patient as an IHSS worker and requested higher wages for workers. 9. Rosemary Landry addressed the Board regarding IHSS workers to emphasize how important the IHSS workers are and to ask the Board to listen to the workers regarding the working conditions and request for additional pay and benefits. 10. Dan Wall addressed the Board, as a physician, to attest to the medical skills of IHSS workers and how he has observed that they are overworked and under-compensated. 11. Anne Sutherland, United Domestic Workers, addressed the Board to request the Board reconsider the reduction of the hours for contract workers and to request higher pay for IHSS workers. 12. Barbara Hoff, United Domestic Workers, addressed the Board regarding the amazing things IHSS workers do for almost no pay and requested higher, livable wages for workers and addressed the Board to request it reconsider the hours that are being cut from the contract. 13. Molly Hillis, United Domestic Workers, addressed the Board to request higher wages for IHSS workers and requested the Board explain how the County was able to reduce the contract by so many hours. P,DJOURIrt~NT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 2:50 P.M. TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, MARCH 11, 2003, AT 9:00 A.M. R.J. BEELER, CHAIR ATTEST: Paul McIntosh, Chief Administrative Officer and Clerk of the Board of Supervisors By: Deputy MINUTES PAGE 16 FEBRUARY 25, 2003