Loading...
HomeMy WebLinkAboutM032701BOARD OF SUPERVISORS MINUTES R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District KIM YAMAGUCHI, 5th District March 27, 2001 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Beeler, Dolan, Houx, Yamaguchi, and Chair Josiassen. Also present: John S. Blacklock, 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 - Reverend Judith Churchman, Church of Religious Science, Paradise. 01-077 Items removed from the Consent Agenda for Board consideration and action. (89) 1. Vehicle Purchase - Sheriff's Office - Board approval is requested by the Sheriff's Office-Jail Division, to purchase a used Dodge Ram 4x4 truck from Salt Lake County, Utah, in the amount of $27,145. The vehicle will replace a truck used in the operation of the jail's hog farm which is beyond economic repair. Board approval is also requested for a budget transfer from the Inmate welfare Fund to provide for the purchase - action requested - APPROVE BUDGET TRANSFER B-266 (4 /5 vote required); AND APPROVE PURCHASE OF A VEHICLE IN AN AMOUNT NOT TO EXCEED $27,145. 2. Introduction of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which adds fifteen flexibly staffed positions of Office Assistant III/II/I, and eight flexibly staffed positions of Family Support Case Manager III/II/I to replace extra-help positions within the department with permanent positions. Funding for the positions is available utilizing the State's base allocation for extra-help positions - action requested - WAIVE READING OF THE ORDINANCE. Page 110 March 27, 2001 March 27, 2001 O1-077 3. Introduction of a Salary Ordinance Amendment - the welfare Department has requested the Personnel Department prepare a salary ordinance amendment which adds one position of Administrative Analyst III to support CalWORKs incentive revenues activities - action requested - WAIVE READING OF THE ORDINANCE. ITEM (3.) REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OF ACTION. Consent Acrenda O1-078 1. Budget Transfers - action requested - APPROVE BUDGET TRANSFERS B-263 (SHERIFF/APPROPRIATION FOR CONTINGENCIES); B-267 (WORKERS' COMPENSATION ISF); B-264 (LOCAL AGENCY FORMATION COMMISSION); B-253 (PUBLIC WORKS); B-252 (GENERAL LIABILITY INSURANCE); AND B-255 (FACILITIES SERVICES). (All budget transfers listed above require a 4/5 vote.) 2. County Library Donations - in accordance with Government Code Section 25355, donations of $2,000 from the Gridley Friends of the Library; $1,000 from the Erika M. Alm Family Trust of Chico; and $500 from the North Valley C.A.B.E. of Chico, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 3. Juvenile Hall Donation - in accordance with Government Code Section 25355, a donation of four computers and software has been received by the Probation Department, from the Soroptimist International of Chico, for use in the Butte County Juvenile Hall and County Center Day School - action requested - ACCEPT DONATIONS AND AUTHORIZE A LETTER OF APPRECIATION. 4. Fixed Asset Modification - welfare Department - Board approval is requested by the welfare Department to modify the approved purchase of a mini-van, at a cost not to exceed $23,500, which was included in the Butte County Fiscal Year 2000-2001 Final Budget. The department is requesting to utilize the funds to purchase a cargo van for the Public Guardian/Public Administrator Division, as the division has demonstrated a need for a larger vehicle on numerous occasions. There will be no fiscal impact associated with the modified purchase - action requested - APPROVE THE PURCHASE OF A CARGO VAN, IN LIEU OF A MINI-VAN, IN AN AMOUNT NOT TO EXCEED $23,500. Page 111 March 27, 2001 March 27, 2001 01-077 5. Tape Autoloader - welfare Department - Board approval is requested by the welfare Department to purchase a tape autoloader in the amount of $9,423 for the department's network servers. Board approval is also requested for a budget transfer of department funds to provide for the purchase - action requested - APPROVE BUDGET TRANSFER B-265; AND APPROVE PURCHASE OF A FIXED ASSET ITEM. 6. Resolution Confirming and Increasing Change Funds - County Clerk-Recorder - Board approval is requested for a resolution which will increase the change fund for the County Clerk-Recorder's Office by $50 to meet daily operating needs - action requested - ADOPT RESOLUTION O1-019 AND AUTHORIZE THE CHAIR TO SIGN. 7. Treasury Compliance and Performance Audit - the Butte County Treasury Oversight Committee is required to have an annual compliance audit performed to ensure County compliance with Government Code Article 6, Section 27130 et seq. The Treasurer-Tax Collector submits the Audit Report for Fiscal Year 2000-2001, and the Treasurer's response as required by Government Code Section 27134 - action requested - ACCEPT FOR INFORMATION. 8. Children's Trust Fund - Board approval is requested by the welfare Department to accept and appropriate $10,392 in unanticipated federal matching funds for the Community Based Family Resource and Support Program. The funds will be utilized to provide in-home parenting education services to parents and families of children who are at risk of abuse, neglect and/or exploitation - action requested - APPROVE BUDGET TRANSFER B-262 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. 9. Tax and Revenue Anticipation Notes (TRAM) - Fiscal Year 2001-2002 - Board approval is requested by the Treasurer- Tax Collector for a resolution to participate in the California Cash Flow Financing Program for the issuance of Tax and Revenue Anticipation Notes. The maximum feasible amount is to be determined by the Treasurer-Tax Collector and Auditor-Controller, but will not exceed $20,000,000 - action requested - ADOPT RESOLUTION O1-020 AND AUTHORIZE THE CHAIR TO SIGN. Page 112 March 27, 2001 March 27, 2001 O1-078 10. Adoption of a Salary Ordinance Amendment - the Butte County Department of Behavioral Health has requested the Personnel Department prepare a salary ordinance amendment which transfers the following positions from the Department's Alcohol and Drug budget unit (541-002) to the Department's Mental Health budget unit (541-001) in response to a reduction in revenues for the Alcohol and Drug budget unit following a mid-year budget review: 1 position of Manager-Program Resources and Development; 1 position of Supervisor-Mental Health Clinician; 2 positions of Mental Health Clinician II/I; and 2 positions of Principal Clerk - ADOPT ORDINANCE 3700 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-13-O1 [3.14]) 11. Adoption of a Salary Ordinance Amendment - the Butte County Department of Behavioral Health has requested the Personnel Department prepare a salary ordinance amendment which adds two flexibly staffed positions of Accounting Specialist/Senior Account Clerk/Account Clerk in support of the new Health Insurance Portability and Accountability Act rules and regulations, and the Insyst billing system - action requested - ADOPT ORDINANCE 3701 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-13-O1 [3.15]) 12. Adoption of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which increases the salary range for the recently created classification of District Attorney Senior Investigator ($20.46-$26.12). The increase corrects the salary range, which was originally set in comparison to the other classifications in the series, but without consideration of the Cost of Living Allowance provided to County employees in October 2000 - action requested - ADOPT ORDINANCE 3702 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-13-O1 [3.16]) Page 113 March 27, 2001 March 27, 2001 O1-078 13. Adoption of a Salary Ordinance Amendment - the Public works Department has requested the Personnel Department prepare a salary ordinance amendment which changes both the titles and salaries of the following classifications as a result of the meet and confer process with the Butte County Management Employees Association: Civil Engineering-Supervisor ($27.57-$33.51) to Deputy Director of Public works Land Development ($30.09-$36.58); Civil Engineering-Senior ($24.83-$30.18) to Senior Civil Engineer ($27.35-$33.25); Civil Engineering-Associate ($22.59-$27.45) to Associate Engineer ($23.81-$28.94); Civil Engineering-Assistant ($19.54-$23.76) to Assistant Engineer ($20.60-$25.04); and Civil Engineering-Junior ($16.91-$20.56) to Junior Engineer ($17.82-$21.66). The ordinance also increases the salary ranges for the classifications of Associate Surveyor ($22.58-$27.45 to $25.00-$30.39); Assistant Surveyor ($19.54-$23.75 to $20.60-$25.04); and Survey Party Chief ($17.25-$20.97 to $18.73-$22.77); and creates the new classification of Associate Civil Engineer ($25.00-$30.39) - action requested - ADOPT ORDINANCE 3703 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-13-O1 [3.17]) 14. Adoption of an Ordinance - Butte County Department of Child Support Services - consideration of an ordinance establishing the Butte County Department of Child Support Services - action requested - ADOPT ORDINANCE 3704 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-13-O1 [4.07]) 15. Adoption of an Urgency Ordinance - District Attorney - Board approval is requested by the District Attorney for an urgency ordinance which will extend the term dates of one half-time term position of District Attorney Investigator II/I and one full time term position of Mental Health Counselor to February 28, 2002. The positions are part of the Violence Against women Vertical Prosecution Program which was due to expire March 31, 2001. The District Attorney has been informed that continued funding will be available for the program, and the ordinance is needed to continue the positions uninterrupted - action requested - ADOPT ORDINANCE 3705 (4 /5 vote required) AND AUTHORIZE THE CHAIR TO SIGN. 16. Introduction of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which deletes one position of Supervisor-Family Support Services, and adds one flexibly staffed position of Administrative Analyst III/II/I to provide the department with greater staffing choices - action requested - WAIVE READING OF THE ORDINANCE. Page 114 March 27, 2001 March 27, 2001 O1-078 17. Resolution In Support of Naming the Biggs Community Pool in Honor of LaVaughn Schohr - action requested - ADOPT RESOLUTION O1-021 AND AUTHORIZE THE CHAIR TO SIGN. 18. Resolution in Support of a Pacific Flyway waterfowl Museum in Gridley - action requested - ADOPT RESOLUTION O1-022 AND AUTHORIZE THE CHAIR TO SIGN. 19. Resolution Declaring March 2001 as Social worker Appreciation Month in Butte County - action requested - ADOPT RESOLUTION O1-023 AND AUTHORIZE THE CHAIR TO SIGN. 20. Resolution Amending the Composition of the Americans with Disabilities Act (ADA) Advisory Committee - Board approval is requested by the Personnel Department for a resolution which would amend the composition of the ADA Advisory Committee, adding the General Services Director, the County Health Officer, and the Director of Social welfare, and removing the Chief Administrative Officer, County Counsel, and the Safety Officer. The change is being made to reflect the transition from policy formation to implementation of the Transition Plan - action requested - ADOPT RESOLUTION O1-024 AND AUTHORIZE THE CHAIR TO SIGN. 21. Summary Abandonment of a Portion of Lower Wyandotte Road - Board approval is requested by the Public works Department for a resolution of summary abandonment of strips of land along the north and east sides of Lower Wyandotte Road. The land is no longer needed for road right-of-way purposes as a result of the realignment of the intersection of Lower Wyandotte and Ophir Roads. The County will enter into an agreement for sale of the surplus property with the adjacent land owner - action requested - ADOPT RESOLUTION O1-025 AND AUTHORIZE THE CHAIR TO SIGN; APPROVE AGREEMENT FOR SALE OF SURPLUS PROPERTY IN A PUBLIC RIGHT-OF-WAY AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE QUIT CLAIM DEEDS (3) FOR PARCELS 1, 2, AND 4 AND AUTHORIZE THE CHAIR TO SIGN. 22. Construction of Pavement Overlays on Various Butte County Roadways - County Project No. AC-99-2 - the project consists of a total of 6.6 miles of pavement overlay on Grand Avenue from the Oroville city limits to Twentieth Street, Biggs East Highway from State Route 99 to Larkin Road, and Upper Palermo Road from Ophir Road to Palermo Road - action requested - APPROVE PLANS AND SPECIFICATIONS; ADOPT A WAGE SCALE; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS. Page 115 March 27, 2001 March 27, 2001 O1-078 23. Construction of Pavement Overlays on Various Butte County Roadways - County Project No. AC-2000-1 - the project consists of a total of 4.9 miles of pavement overlay on East Gridley Road from Kirk Road to State Route 70, B Street from the Biggs city limits to State Route 99, and Larkin Road from East Evans Reimer Road to East Gridley Road - APPROVE PLANS AND SPECIFICATIONS; ADOPT A WAGE SCALE; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS. 24. Construction of a Pavement Overlay on Colusa Highway from Pennington Road to the Gridley City Limits - County Project No. AC-99-4 - the project consists of 4.4 miles of pavement overlay from Pennington Road to the Gridley city limits - action requested - APPROVE PLANS AND SPECIFICATIONS; ADOPT A WAGE SCALE; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS. 25. Resolution Approving Roadway within Butte County as a Designated Truck Route - Board approval is requested by the Public works Department, at the request of Pro Pacific Fresh, for a resolution which would establish a Terminal Truck Route on Durham Dayton west from State Route 99 to Oroville-Chico Highway, and Oroville-Chico Highway from Durham Dayton Highway to Pepsi way - action requested - ADOPT RESOLUTION O1-026 AND AUTHORIZE THE CHAIR TO SIGN. 26. City of Gridley and Tri-County Economic Development Corporation - Amendment - Board approval is requested by the Administrative Office for an amendment to the agreement with the City of Gridley and Tri-County Economic Development Corporation for loan management services for the grant awarded to the County and City to support the location and expansion of the Stapleton- Spence Packing Company. The amendment provides for loan underwriting services as may be determined necessary, with all other terms and provisions to remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40179) 27. State of California-Department of Food and Agriculture - Amendment - Board approval is requested by the Agricultural Commissioner for an amendment to the revenue agreement with the State of California-Department of Food and Agriculture for an additional $2,702 in funds to support pest detection activities. The additional funds are the result of an increased allocation, and Board approval is also requested to accept and appropriate the unanticipated revenue - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-254 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. (Contract No. R40228) Page 116 March 27, 2001 March 27, 2001 O1-078 28. Pentamation Enterprises, Inc. - Board approval is requested by the Auditor-Controller for an agreement with Pentamation Enterprises, Inc., for the provision of software, migration analysis and coordination services, software installation and configuration, and set-up and implementation assistance for the Pentamation Open Series Financial and Revenue System. Board approval is also requested for the sole source agreement with Pentamation to provide for software consistency and compatibility with the department's Pentamation system. The agreement has a maximum amount payable of $224,124 (department budget) and a budget transfer of department funds is requested to provide for the agreement - action requested - APPROVE BUDGET TRANSFER B-247 (4 /5 vote required); AND APPROVE SOLE SOURCE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11969) 29. Enloe Medical Center - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Enloe Medical Center for the provision of services in support of the Touchstone Perinatal Program. The term of the agreement is July 1, 2000, through June 30, 2001, with a maximum amount payable of $413,844 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 30. Northern Valley Catholic Social Services - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Northern Valley Catholic Social Services for the provision of mental health services to youth clients. The amendment clarifies the language with regards to the limited cumulative maximum monthly payments schedule, with all other terms and provisions to remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11911) 31. Xerox Corporation - Board approval is requested by the General Services Director for a lease agreement with the Xerox Corporation for a Docutech 6160 printer, operating system, computer server, software, and technical support, for the County Print Shop. The term of the lease is 5 years from date of installation, with a maximum amount payable of $5,399.99 per month (department budget). The lease agreement will replace outdated equipment with new equipment that will provide the Print Shop with greater service delivery - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11966) Page 117 March 27, 2001 March 27, 2001 O1-078 32. California Victim Compensation Government Claims Board - Victim/witness Program Grant 2001-2004 - Board approval is requested by the Probation Department to apply for $394,836 in California Victim Compensation Government Claims Board funds to help fund the Butte County Victim/witness Program for the period of July 1, 2001, through June 30, 2004 - action requested - ADOPT RESOLUTION O1-027 APPROVING GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHIEF PROBATION OFFICER TO SIGN GRANT APPLICATION AND GRANT AWARD. 33. California Integrated waste Management Board - Solid waste Landfill Permit and Inspection Programs - Board approval is requested by the Public Health Department for a grant application in the estimated amount of $19,000 (1000 State) to fund a local solid waste landfill permit and inspection program - action requested - ADOPT RESOLUTION O1-028 APPROVING GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. 34. Metcalf & Eddy - Board approval is requested by the Public works Department for an agreement with Metcalf & Eddy for the provision of maintenance work and services for the Neal Road Septage Facility. The term of the agreement is March 28, 2001, through March 28, 2002, with a maximum amount payable of $74,000 (Neal Road Septage Management Fund) - action requested - APPROVE CONSULTING AGREEMENT AND LETTER PROPOSAL AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 35. Camp, Dresser and McKee, Inc. - Amendment - Board approval is requested by the Department of water and Resource Conservation for an amendment to the agreement with Camp, Dresser and McKee, Inc., for the provision of a water inventory and analysis project. The amendment extends the term of the agreement through March 31, 2001, with all other terms and provisions to remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11560) 36. Innovative Health Care Services - Board approval is requested by the welfare Department for an agreement with Innovative Health Care Services (d/b/a the Peg Taylor Care Center for Adult Day Health Care) for fiscal administration of the Butte County Elder Services Planning Project. The term of the agreement is April 1, 2001, through June 30, 2002, with a maximum amount payable of $95,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 118 March 27, 2001 March 27, 2001 01-078 37. Family Tree Services - Board approval is requested by the welfare Department for an agreement with Family Tree Services for the provision of supervised visitation services. The term of the agreement is January 1, 2001, through June 30, 2001, with a maximum amount payable of $25,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11928) 38. Long Term Care Innovation Grant Agreement - Board approval is requested by the welfare Department to accept $100,000 in grant funds from the California Department of Aging to fund the Butte County Elder Services Planning Project. The project is designed to improve the access and quality of services for seniors and dependent adults. The term of the grant is February 1, 2001, through June 30, 2002 - action requested - ADOPT RESOLUTION O1-029 APPROVING GRANT PROGRAM AND AUTHORIZE THE CHAIR TO SIGN; ACCEPT GRANT AWARD AND AUTHORIZE THE CHAIR TO SIGN GRANT AWARD AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-257 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE. 39. Disability Insurance Provider - the Butte County Employees Association, Butte County Management Employees Association, the Communication workers of America, the Butte County Association of Governments, and the Butte County Correctional Officers Association are requesting Board authorization to change short and long-term disability insurance providers from UNUM-Provident to the State Disability Insurance (SDI) program effective the 2na quarter of 2001. The transition requires continued coverage with UNUM-Provident until employees become qualified for SDI benefits, at which time the UNUM- Provident agreement will terminate. The cost of the agreement is paid by the employees - APPROVE CHANGE IN DISABILITY INSURANCE COVERAGE AND AUTHORIZE THE CHAIR TO SIGN APPLICATION FOR ELECTIVE COVERAGE OF DISABILITY INSURANCE. 40. Out of Step Salary Increase - the Sheriff's Office has requested the Personnel Department prepare an agenda item requesting Board approval for an out of step salary increase, to Step 2 of the salary range, retroactive to the date of hire, for a recently hired Correctional Officer based on experience and education - action requested - APPROVE OUT OF STEP SALARY INCREASE TO STEP 2 FOR A CORRECTIONAL OFFICER, RETROACTIVE TO FEBRUARY 2, 2001. Page 119 March 27, 2001 March 27, 2001 O1-078 41. Veterans' Administration Home Bill - Letter of Support - Supervisor Houx is requesting Board approval for a letter of support for legislation to establish a Veterans' Home in Northern California - action requested - APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. 42. Request for Agricultural State of Disaster - Board approval is requested by the Emergency Services Officer to request the United States Secretary of Agriculture declare an agricultural state of disaster in Butte County in response to the damage caused by the windstorms of March 3 and 4 - action requested - APPROVE LETTER OF REQUEST AND AUTHORIZE THE CHAIR TO SIGN. (110) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.04, 3.18, AND 3.19, AND ITEM 3.42 AMENDED TO INCLUDE THE BUTTE COUNTY CORRECTIONAL OFFICER'S ASSOCIATION AS AN ADDITIONAL COUNTY BARGAINING UNIT ELECTING TO CHANGE DISABILITY INSURANCE COVERAGE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular A ecr nda CHAIR JOSIASSEN PRESENTS A RESOLUTION NAMING THE BIGGS COMMUNITY POOL IN HONOR OF LAVAUGHN SCHOHR TO DR. LEE FUNK. (124) O1-079 Appointments - Boards, Commissions, and Committees. (200) 1. Appointments to listed vacancies. (NONE) 2. Results Based Management - Performance Measure Subcommittee - consideration of the appointment of a subcommittee to review Performance Measures submitted by departments for inclusion in the Butte County Fiscal Year 2001-2002 Proposed Budget - action requested - DESIGNATE A SUBCOMMITTEE COMPRISED OF TWO BOARD OF SUPERVISORS' MEMBERS TO REVIEW PROPOSED DEPARTMENTAL PERFORMANCE MEASURES, IDENTIFY NEEDED CHANGES AND CLARIFICATIONS, AND COORDINATE WITH DEPARTMENTS, AS NECESSARY, ON PERFORMANCE MEASURES TO BE INCLUDED IN THE FISCAL YEAR 2001-2002 PROPOSED BUDGET. MOTION: I MOVE TO APPOINT CHAIR JOSIASSEN AND VICE CHAIR BEELER TO A SUBCOMMITTEE TO REVIEW PROPOSED DEPARTMENTAL PERFORMANCE MEASURES, IDENTIFY NEEDED CHANGES AND CLARIFICATIONS, AND COORDINATE WITH DEPARTMENTS, AS NECESSARY, ON PERFORMANCE MEASURES TO BE INCLUDED IN THE FISCAL YEAR 2001-2002 PROPOSED BUDGET. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 120 March 27, 2001 March 27, 2001 01-080 Update on legislative and budget activities. (289) 1. Amendment to Butte County's Legislative/Regulatory Platform - consideration of three amendments to the Public works section of the County's 2001 Legislative/Regulatory Platform, - action requested - AMEND LEGISLATIVE/REGULATORY PLATFORM. MOTION: I MOVE TO AMEND THE LEGISLATIVE/REGULATORY PLATFORM. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) STARLYN BROWN, ASSISTANT CHIEF ADMINISTRATIVE OFFICER, PROVIDES THE BOARD WITH AN UPDATE ON TWO BILLS (SB74 AND SB94) DEALING WITH COUNTY LIBRARIES, AND A BILL DEALING WITH THE NITRATE COMPLIANCE PLAN (AB1089). 01-081 Resolution Honoring Butte County Employees for Dedicated Years of Service -presentation of awards to employees with 30 years of service - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND PRESENT AWARDS TO EMPLOYEES WITH 30 YEARS OF SERVICE. (842) CHAIR JOSIASSEN AND NANCY BROWER, DIRECTOR-LIBRARIES, PRESENT AWARDS TO COUNTY EMPLOYEES WITH 30 YEARS OF SERVICES. MOTION: I MOVE TO ADOPT RESOLUTION O1-030 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: 9:31 A.M. RECONVENE: 9:42 A.M. Regular Agenda 01-082 Letter of Support for Replacement Game warden Position - consideration of a letter to the California State Senate Natural Resources and wildlife Committee requesting the replacement of the Chico Game warden position - action requested - ACCEPT THE RECOMMENDATION OF THE BUTTE COUNTY FISH AND GAME COMMISSION TO SEND A LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. (1015) MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE BUTTE COUNTY FISH AND GAME COMMISSION TO SEND A LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 121 March 27, 2001 March 27, 2001 O1-083 North State Economic Summit Final Report - submission of the Final Report for the North State Economic Summit held at California State University, Chico on March 19, 2001. Discussed were top issues, ideas, and suggestions in three key areas: agriculture, economic development, and workforce training - action requested - ADOPT THE NORTH STATE ECONOMIC SUMMIT FINAL REPORT AND ACKNOWLEDGE THAT MUCH CAN BE ACCOMPLISHED IN RURAL NORTHERN CALIFORNIA BY NORTH STATE COUNTIES WORKING TOGETHER. (1353) MOTION: I MOVE TO ADOPT THE NORTH STATE ECONOMIC SUMMIT FINAL REPORT AND ACKNOWLEDGE THAT MUCH CAN BE ACCOMPLISHED IN RURAL NORTHERN CALIFORNIA BY NORTH STATE COUNTIES WORKING TOGETHER. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) O1-084 Federal Energy Regulatory Commission (FERC) Oroville Dam Relicensing - discussion of the FERC relicensing project, opportunities available to the County during that process, and other water and resource issues - action requested - FORM A FERC OROVILLE RELICENSING SUBCOMMITTEE, COMPRISED OF TWO SUPERVISORS, TO DEVELOP POLICY DIRECTION FOR THE DEVELOPMENT OF A BUTTE COUNTY STRATEGIC PLAN AND ISSUE PAPER, AND PROVIDE OTHER DIRECTION AS NECESSARY FOR THE BOARD OF SUPERVISORS' CONSIDERATION. (1929) THIS ITEM CONTINUED TO THE MEETING OF APRIL 10, 2001, TO PROVIDE FOR FURTHER REFINING OF THE ISSUES, AND THE DEVELOPMENT OF A MORE FOCUSED STRATEGY. RECESS: 10:43 A.M. RECONVENE: 10:49 A.M. Page 122 March 27, 2001 March 27, 2001 Public Hearings and Timed Items O1-085 Public Hearing - 2001 Community Development Block Grant Application Submittal - consideration of a two-part application to the California Department of Housing and Community Development for a Community Development Block Grant in the amount of $500,000 for the following activities: 1) Funding a Public works project for repair of the Stirling City Septic Management Systems; and 2) Funding a housing rehabilitation program in the Thermalito area of Butte County - action requested - ADOPT RESOLUTION APPROVING GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. (3474)(**00) PUBLIC HEARING OPENED: 10:51 A.M. PUBLIC HEARING CLOSED: 11:00 A.M. MOTION: I MOVE TO ADOPT RESOLUTION O1-031 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) O1-086 Continued Public Hearing - Cary Gunn - Use Permit/Mining Permit and Reclamation Plan (Roger and Vicky Stauffer) - consideration of an appeal of the Planning Commission's approval of a Use Permit and Mining Permit/Reclamation Plan (this is a project on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) to operate a surface aggregate mine. The proposed mine operation involves the extraction and processing of alluvial gravel from the 42- acre mine site in a series of 5 phases, with an average size of 8.4 acres each. The mine will be operated intermittently. Mining will occur on an upland terrace of Dry Creek. Production will equal approximately 50,000 to 250,000 tons per year, with a total estimated production of 650,000 tons of material. The mined material will be processed by a portable rock crusher and screen into various products. The processed material will be hauled off-site, via Wheelock Road. Each phase will be mined-out in approximately 6 months to 2 years, with the conclusion of all mining occurring in 2 to 8 years after permit approval. The expected termination date of the mine is November 2008. A Reclamation Plan has been submitted in accordance with the State Surface Mining and Reclamation Act. After final mining is completed, and the plan grade for each phase is achieved, the site shall be reclaimed to a condition that will allow for grazing uses. The final reclaimed condition of the mine site will result in a vegetated depression of 8 feet, with a gradual slope from the perimeter of the mined area, contoured to match the surrounding terrain. The proposed 42-acre mine site is located within a 536-acre parcel of the Lucky 7 Ranch, and lies on the south terrace of Dry Creek, west of and adjacent to Wheelock Road approximately one-third mile north of the intersection of Wheelock Road and State Highway 70 in the Pentz area, and identified as APN 041- 120-115 (DB [File # MIN 98-02]) - action requested - SHOULD THE BOARD CHOOSE TO APPROVE THE PROJECT, STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: Page 123 March 27, 2001 March 27, 2001 O1-086 1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF REPORT DATED MARCH 27, 2001, ADOPT A MITIGATED NEGATIVE DECLARATION; 2. REQUIRE THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL CAUSE ENVIRONMENTAL DAMAGE TO FISH AND WILDLIFE AND THEIR HABITAT; 3. SUBJECT TO FINDINGS III(Al-8) AS DETAILED IN THE STAFF REPORT DATED MARCH 27, 2001, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MARCH 27, 2001, DENY APPEAL O1-03 AND APPROVE MINING PERMIT 98-02. (FROM 12-19-00 [5.01]) (**312) (***00) PUBLIC HEARING RECONVENED: 11:17 A.M. PUBLIC HEARING CLOSED: 12:45 P.M. PUBLIC HEARING RE-OPENED: 12:47 P.M. A MOTION TO CONTINUE THE HEARING WAS MADE BY SUPERVISOR HOUX AND SECONDED BY SUPERVISOR YAMAGUCHI, HOWEVER, A VOTE WAS NOT CALLED. AFTER FURTHER DISCUSSION THIS ITEM WAS CONTINUED OPEN BY BOARD DIRECTION TO APRIL 24, 2001, AT 1:00 P.M., TO ALLOW FOR FURTHER CLARIFICATION FROM CAL-TRANS REGARDING THE QUESTIONS OF TRAFFIC SAFETY AND ROAD IMPROVEMENT COSTS, AND TO EXAMINE IF THE EVIDENCE PRESENTED TODAY IS, IN FACT, MEADOWFOAM. RECESS: RECONVENE 12:48 P.M. 1:21 P.M. Page 124 March 27, 2001 March 27, 2001 Public Hearincr and Timed Items 01-087 Public Hearing - Stephen J. Schuster: A. General Plan Amendment/Rezone (GPA/RZ 00-05) - the Planning Commission has recommended denial of a proposed general plan amendment and rezone amending the North Chico Specific Plan's (NCSP) policies and exhibits. Specifically the proposal involves a 5± acre neighborhood park area zoned P-Q (Public, Quasi-Public) and designated as "Public" by the General Plan. The applicant proposes to move this park to a location adjacent to Keefer Slough, and to rezone the corresponding OS (Open Space) zone and a portion of lands zoned SR-1 (Suburban Residential-1 acre parcels) to a P-Q zone. Additionally, the NCSP General Plan designation would be amended from "Public" to "Agricultural Residential". The proposal would result in the removal of approximately 2.4 acres of open space from the NCSP. The acreage would be replaced with SR-1 zoning, which could allow for 2 additional dwellings upon subdivision of the area. A subdivision map has been submitted concurrently (TSM 00-03) The property is located east of, and adjacent to Garner Lane, approximately 1.6 miles south of Keefer Road, north of Keefer Slough in the north Chico area, and identified as APN 047-350-013, 014, and 015 (DB [GPA/RZ 00-05]) (FROM 2-13-O1 [3.05]); AND B. Continued Public Hearing - Stephen J. Schuster - Tentative Subdivision Map - Appeal - consideration of an appeal of the Development Review Committee's denial of a Tentative Subdivision Map (TSM 00-03) (this is a project on which notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given) proposing thirty 1 ± acre parcels, one 1.47 acre parcel (Lot "A") for community sewage disposal, one 5 ± acre parcel (Lot "B") for a future neighborhood park, and one parcel (Lot "C") for a storm water retention area. The project will be provided with water service by individual domestic wells. Roads shall be dedicated for public use. The property is located east of, and adjacent to Garner Lane, approximately 1.6 miles south of Keefer Road, north of Keefer Slough in the north Chico area, and identified as APN 047-350-013, 014, and 015 (DB [TSM 00-03]) (FROM 2-13-O1 [5.02]) - action requested - STAFF RECOMMENDS THE BOARD TAKE ONE OF THE FOLLOWING TWO ALTERNATIVE ACTIONS: Page 125 March 27, 2001 March 27, 2001 O1-087 1. ALTERNATIVE ONE: a. DENY GPA/RZ 00-05 FOR STEPHEN J. SCHUSTER IN ACCORDANCE WITH THE JANUARY 11, 2001, PLANNING COMMISSION RECOMMENDATION; AND b. DENY THE APPEAL AND DENY TENTATIVE SUBDIVISION MAP 00-03 FOR STEPHEN J. SCHUSTER. OR 2. ALTERNATIVE TWO: a. SUBJECT TO FINDINGS I(A-F) AS DETAILED IN THE STAFF REPORT DATED MARCH 27, 2001, MAKE A MOTION OF INTENT TO APPROVE A MITIGATED NEGATIVE DECLARATION; b. MAKE A MOTION OF INTENT TO APPROVE A "DE MINIMUS" EXEMPTION REGARDING IMPACT TO FISH AND WILDLIFE OR THEIR HABITAT, AS THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) and 14 CCR 753.5 IS NOT REQUIRED. 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 SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR, CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; Page 126 March 27, 2001 March 27, 2001 O1-087 c. BASED ON THE AIRPORT LAND USE COMMISSION'S INCONSISTENCY FINDINGS, AS IDENTIFIED IN ITEM III(A-D) OF THE STAFF REPORT DATED MARCH 27, 2001, AND EVIDENCE IN THE HEARING RECORD, MAKE A MOTION OF INTENT TO APPROVE FINDINGS SUPPORTING AN OVERRIDE OF THE AIRPORT LAND USE COMMISSION'S FINDINGS OF INCONSISTENCY (4 /5 vote required) OF TSM 00-03 AND GPA/RZ 00-05 WITH THE 1978 COMPREHENSIVE LAND USE PLAN FOR THE CHICO MUNICIPAL AIRPORT, AS AMENDED OCTOBER 21, 1998, AND DECEMBER 29, 1999, IN ACCORDANCE WITH THE PROCESS OUTLINED WITHIN CHAPTER 5 OF THE AIRPORT LAND USE PLANNING HANDBOOK, WHICH REQUIRES THE BOARD TO DOCUMENT THE BASIS FOR THE OVERRIDE ACTION AND RELATE THAT BASIS DIRECTLY TO THE PURPOSES FOR WHICH AIRPORT LAND USE COMMISSION STATUTES WERE ADOPTED; d. SUBJECT TO FINDINGS IV (A-D) AS DETAILED IN THE STAFF REPORT DATED MARCH 27, 2001, AND EVIDENCE IN THE HEARING RECORD, MAKE A MOTION OF INTENT TO FIND THAT THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358; e. SUBJECT TO FINDINGS V(Al-5) AS DETAILED IN THE STAFF REPORT DATED MARCH 27, 2001, MAKE A MOTION OF INTENT TO ADOPT AN ORDINANCE REZONING P-Q (PUBLIC, QUASI-PUBLIC) TO SR-1 (SUBURBAN RESIDENTIAL-1 ACRE PARCELS); OS (OPEN SPACE) TO P-Q; AND SR-1 TO P-Q, AND MAKE A MOTION OF INTENT TO ADOPT A RESOLUTION AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN FROM "PUBLIC" TO "AGRICULTURAL RESIDENTIAL", AND FROM "OPEN SPACE" TO "PUBLIC" AND "AGRICULTURAL RESIDENTIAL" TO "PUBLIC", PROPERTY IDENTIFIED AS A 5-ACRE PORTION OF APN 047-350-130, AND A 6.71 ACRE PORTION OF APN 047-350-015, SUBJECT TO THE CONDITIONAL ZONING AGREEMENT ATTACHED TO THE ZONING ORDINANCE AS EXHIBIT "B", AS DETAILED IN THE STAFF REPORT DATED MARCH 27, 2001; f. SUBJECT TO FINDINGS VI (A-F) AS DETAILED IN THE STAFF REPORT DATED MARCH 27, 2001, MAKE A MOTION OF INTENT TO ADOPT A RESOLUTION AMENDING NORTH CHICO SPECIFIC PLAN FIGURES 5- l, PARK AND OPEN SPACE, 6-3, DRAINAGE CONCEPT, AND FIGURE 3-1 LAND USE MAP, ON PROPERTY IDENTIFIED AS A 5-ACRE PORTION OF APN 047-350- 130, AND A 6.71 ACRE PORTION OF APN 047-350- Page 127 March 27, 2001 March 27, 2001 015; O1-087 g. SUBJECT TO FINDINGS VII(A-G) AS DETAILED IN THE STAFF REPORT DATED MARCH 27, 2001, AND EVIDENCE IN THE HEARING RECORD, UPHOLD THE APPEAL AND MAKE A MOTION OF INTENT TO APPROVE TENTATIVE SUBDIVISION MAP 00-03 FOR STEPHEN J. SCHUSTER, SUBJECT TO THE CONDITIONS OF APPROVAL DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MARCH 27, 2001. (***960)(****00) PUBLIC HEARINGS OPENED AND RECONVENED: 1:29 P.M. PUBLIC HEARINGS CLOSED: 3:18 P.M. MOTION: SUBJECT TO FINDINGS I(A-F) AS DETAILED IN THE STAFF REPORT DATED MARCH 27, 2001, I MOVE FOR A MOTION OF INTENT TO APPROVE A MITIGATED NEGATIVE DECLARATION; MAKE A MOTION OF INTENT TO APPROVE A "DE MINIMUS" EXEMPTION REGARDING IMPACT TO FISH AND WILDLIFE OR THEIR HABITAT, AS THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) and 14 CCR 753.5 IS NOT REQUIRED. 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 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; BASED ON THE AIRPORT LAND USE COMMISSION'S INCONSISTENCY FINDINGS, AS IDENTIFIED IN ITEM III(A-D) OF THE STAFF REPORT DATED MARCH 27, 2001, AND EVIDENCE IN THE HEARING RECORD, MAKE A MOTION OF INTENT TO APPROVE FINDINGS SUPPORTING AN OVERRIDE OF THE AIRPORT LAND USE COMMISSION'S FINDINGS OF INCONSISTENCY OF TSM 00-03 AND GPA/RZ 00-05 WITH THE 1978 COMPREHENSIVE LAND USE PLAN FOR THE CHICO MUNICIPAL AIRPORT, AS AMENDED OCTOBER 21, 1998, AND DECEMBER 29, 1999, IN ACCORDANCE WITH THE PROCESS OUTLINED WITHIN CHAPTER 5 OF THE AIRPORT LAND USE PLANNING HANDBOOK, WHICH REQUIRES THE BOARD TO DOCUMENT THE BASIS FOR THE OVERRIDE ACTION AND RELATE THAT BASIS DIRECTLY TO THE PURPOSES FOR WHICH AIRPORT LAND USE COMMISSION STATUTES WERE ADOPTED; SUBJECT TO FINDINGS IV(A-D) AS DETAILED IN THE STAFF REPORT DATED MARCH 27, 2001, AND EVIDENCE IN THE HEARING RECORD, MAKE A MOTION OF INTENT TO FIND THAT THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358; Page 128 March 27, 2001 March 27, 2001 O1-087 MOTION: (Cont.) VOTE: RECESS: RECONVENE 1 Y 2 SUBJECT TO FINDINGS V(Al-5) AS DETAILED IN THE STAFF REPORT DATED MARCH 27, 2001, MAKE A MOTION OF INTENT TO ADOPT AN ORDINANCE REZONING P-Q (PUBLIC, QUASI-PUBLIC) TO SR-1 (SUBURBAN RESIDENTIAL-1 ACRE PARCELS); OS (OPEN SPACE) TO P-Q; AND SR-1 TO P-Q, AND MAKE A MOTION OF INTENT TO ADOPT A RESOLUTION AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN FROM "PUBLIC" TO "AGRICULTURAL RESIDENTIAL", AND FROM "OPEN SPACE" TO "PUBLIC" AND "AGRICULTURAL RESIDENTIAL" TO "PUBLIC", PROPERTY IDENTIFIED AS A 5-ACRE PORTION OF APN 047-350- 130, AND A 6.71 ACRE PORTION OF APN 047-350-015, SUBJECT TO THE CONDITIONAL ZONING AGREEMENT ATTACHED TO THE ZONING ORDINANCE AS EXHIBIT "B", AS DETAILED IN THE STAFF REPORT DATED MARCH 27, 2001; SUBJECT TO FINDINGS VI(A-F) AS DETAILED IN THE STAFF REPORT DATED MARCH 27, 2001, MAKE A MOTION OF INTENT TO ADOPT A RESOLUTION AMENDING NORTH CHICO SPECIFIC PLAN FIGURES 5-l, PARK AND OPEN SPACE, 6-3, DRAINAGE CONCEPT, AND FIGURE 3-1 LAND USE MAP, ON PROPERTY IDENTIFIED AS A 5-ACRE PORTION OF APN 047-350-130, AND A 6.71 ACRE PORTION OF APN 047-350-015; SUBJECT TO FINDINGS VII(A-G) AS DETAILED IN THE STAFF REPORT DATED MARCH 27, 2001, AND EVIDENCE IN THE HEARING RECORD, MOVE TO UPHOLD THE APPEAL AND MAKE A MOTION OF INTENT TO APPROVE TENTATIVE SUBDIVISION MAP 00-03 FOR STEPHEN J. SCHUSTER, SUBJECT TO THE CONDITIONS OF APPROVAL DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MARCH 27, 2001; AND FURTHER MOVE TO AMEND THE CONDITIONS OF APPROVAL TO INCLUDE A CONDITION THAT REQUIRES THE APPLICANT TO INDEMNIFY THE COUNTY AGAINST ANY LAW SUITS FILED AS A RESULT OF THE APPROVAL OF THE PROJECT, AND A CONDITION THAT THE DEVELOPER ENTER INTO AN AGREEMENT WITH THE CHICO AREA RECREATION AND PARK DISTRICT FOR THE PROPOSED DEVELOPMENT TO BE INCLUDED IN AN ASSESSMENT DISTRICT TO PROVIDE FOR ON-GOING MAINTENANCE OF THE PARK. M S N 3 Y 4 Y 5 Y (Motion Carried) 3:25 P.M. 3:31 P.M. Page 129 March 27, 2001 March 27, 2001 Regular Agenda O1-088 Supervisorial Redistricting - discussion and policy direction regarding the process of redistricting supervisorial districts to reflect population changes and other legal requirements - action requested - PROVIDE POLICY DIRECTION REGARDING THE PROCESS OF REDISTRICTING SUPERVISORIAL DISTRICTS TO REFLECT POPULATION CHANGES AND OTHER LEGAL REQUIREMENTS; AND APPROVE BUDGET TRANSFER B-268 APPROPRIATING $3,000 FROM THE COUNTY'S APPROPRIATION FOR CONTINGENCY FUND TO COVER THE COSTS ASSOCIATED WITH THE PRELIMINARY WORK REQUIRED TO ACCOMPLISH REDISTRICTING (4 /5 vote required). (****2410) MOTION: I MOVE TO APPROVE THE PURCHASE OF THE SOFTWARE NECESSARY, AND DIRECT STAFF TO COMPLETE THE INITIAL WORK REQUIRED, AND RETURN A PROGRESS REPORT ON THAT INITIAL WORK BACK TO THE BOARD ON APRIL 24, 2001; AND FURTHER MOVE TO APPROVE BUDGET TRANSFER B-268 APPROPRIATING 6 000 FROM THE COUNTY'S APPROPRIATION FOR CONTINGENCY FUND TO COVER THE COSTS ASSOCIATED WITH THE PRELIMINARY WORK REQUIRED TO ACCOMPLISH REDISTRICTING. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) O1-089 Senate Bill 163 Pilot Program - Intensive Wraparound Services - consideration of the County's participation in the Senate Bill 163 pilot project for intensive wraparound services. The program is designed to pool financial resources to purchase goods and services for families or children to be safe in lower-level placements, while working toward returning the child to the home of a parent or relative caregiver in lieu of a foster family or group home placement. The welfare Department is requesting Board approval to enter into a Memorandum of Understanding with the California Department of Social Services, and an agreement with Youth For Change to accomplish the program objectives - action requested - ADOPT A RESOLUTION SUPPORTING PARTICIPATION IN THE PROGRAM AND AUTHORIZE THE CHAIR TO SIGN; APPROVE AGREEMENT AND MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-256. (****3140) (*****00) MOTION: I MOVE TO ADOPT RESOLUTION O1-032 SUPPORTING PARTICIPATION IN THE PROGRAM AND AUTHORIZE THE CHAIR TO SIGN; APPROVE THE AGREEMENT AND MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-256. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 130 March 27, 2001 March 27, 2001 O1-090 Items removed from the Consent Agenda for Board consideration and action. (*****196) 1. Vehicle Purchase - Sheriff's Office - Board approval is requested by the Sheriff's Office-Jail Division, to purchase a used Dodge Ram 4x4 truck from Salt Lake County, Utah, in the amount of $27,145. The vehicle will replace a truck used in the operation of the jail's hog farm which is beyond economic repair. Board approval is also requested for a budget transfer from the Inmate welfare Fund to provide for the purchase - action requested - APPROVE BUDGET TRANSFER B-266 (4/5 vote required); AND APPROVE PURCHASE OF A VEHICLE IN AN AMOUNT NOT TO EXCEED $27,145. MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-266; AND APPROVE PURCHASE OF A VEHICLE IN AN AMOUNT NOT TO EXCEED $27,145. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 2. Introduction of a Salary Ordinance Amendment - the District Attorney has requested the Personnel Department prepare a salary ordinance amendment which adds fifteen flexibly staffed positions of Office Assistant III/II/I, and eight flexibly staffed positions of Family Support Case Manager III/II/I to replace extra-help positions within the department with permanent positions. Funding for the positions is available utilizing the State's base allocation for extra-help positions - action requested - WAIVE READING OF THE ORDINANCE. MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 N (Motion Carried) Page 131 March 27, 2001 March 27, 2001 O1-091 CLOSED SESSION: REPORT FROM CLOSED SESSION MARCH 13, 2001: "ON FEBRUARY 27 AND MARCH 13, 2001, THE BUTTE COUNTY BOARD OF SUPERVISORS MET IN CLOSED SESSION TO EVALUATE THE PERFORMANCE OF THOMAS PARILO, DIRECTOR OF DEVELOPMENT SERVICES. ON MARCH 13TH THE BOARD OF SUPERVISORS DECIDED ON A 3 TO 2 VOTE TO SEEK MR. PARILO'S SEPARATION FROM COUNTY SERVICE. THE VOTE TO SEEK THIS COURSE OF ACTION WAS APPROVED BY CHAIR JOSIASSEN, SUPERVISOR BEELER, AND SUPERVISOR YAMAGUCHI. VOTING AGAINST THIS COURSE OF ACTION WERE SUPERVISOR DOLAN AND SUPERVISOR HOUX. IN CONNECTION WITH THE VOTE, DIRECTION WAS GIVEN BY THE BOARD OF SUPERVISORS TO COUNTY COUNSEL TO ATTEMPT TO REACH A MUTUAL AGREEMENT WITH MR. PARILO REGARDING BOTH PARTIES RIGHTS UNDER THE EMPLOYMENT CONTRACT, AND VOLUNTARY SEPARATION. IF, AND ONLY IF, SUCH A MUTUAL AGREEMENT COULD NOT BE REACHED WOULD THE SEPARATION BE FINALIZED UNDER THE `WITHOUT CAUSE' PROVISION OF MR. PARILO'S EMPLOYMENT CONTRACT. ONLY AFTER IT BECAME APPARENT THAT THE PROPOSED MUTUAL AGREEMENT REGARDING SEPARATION WOULD NOT BE REACHED, DID THE COUNTY ACT TO SEPARATE MR. PARILO FROM ITS EMPLOY. MR. PARILO WAS NOTIFIED ON MARCH 16, 2001, THAT HIS EMPLOYMENT AS DIRECTOR OF DEVELOPMENT SERVICES WAS TERMINATED PURSUANT TO THE `WITHOUT CAUSE' PROVISION OF HIS CONTRACT. THE ACTUAL EMPLOYMENT TERMINATION IS EFFECTIVE SEPTEMBER 11, 2001." THE BOARD RECESSED AT 4:14 P.M. TO A CLOSED SESSION CONFERENCE REGARDING PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: INTERIM DIRECTOR- DEVELOPMENT SERVICES; AND CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE. (ITEM 7.01 WAS REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR DISCUSSION)(*****508) O1-092 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.) (*****579) 1. MARTA MANGRUM ADDRESSED THE BOARD REGARDING THE CEASAR CHAVEZ HOLIDAY, AND REQUESTED THE BOARD ACKNOWLEDGE THE ACCOMPLISHMENTS MR. CHAVEZ MADE FOR THE BETTERMENT OF MIGRANT WORKERS IN THE STATE. Page 132 March 27, 2001 March 27, 2001 O1-093 CLOSED SESSION RECONVENE: THE BOARD RECONVENED AT 4:48 P.M. FROM A PUBLIC EMPLOYEE APPOINTMENT/ EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: INTERIM DIRECTOR-DEVELOPMENT SERVICES; AND CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE. REPORT ON CLOSED SESSION: THE BOARD HAS UNANIMOUSLY VOTED TO SEEK THE SERVICES OF AN INTERIM DIRECTOR (OF DEVELOPMENT SERVICES) THROUGH PUBLIC SKILLS SERVICES. THE SERVICE WILL FORWARD RESUMES WHICH WILL BE EVALUATED BY THE BOARD. (*****806) ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 4:50 P.M., TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, APRIL 10, 2001, AT 9:00 A.M. CURT JOSIASSEN, CHAIR ATTEST: John S. Blacklock, Chief Administrative Officer and Clerk of the Board of Supervisors By. Page 133 March 27, 2001