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HomeMy WebLinkAboutM061003BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 10, 2003 Called to Order at 9:15 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 Dave Sweet, Calvary Chapel, Paradise. CORRECTIONS AND/OR CHANGES TO THE AGENDA (64) CONSENT AGENDA 03-153 1. General Report - Agricultural Waiver - Support for Statement of Intent - approval is requested to support the draft text of the General Report intended to meet the requirements for the conditional waiver for agricultural run-off adopted by the Regional Board on December 5, 2002 - action requested - SUPPORT DRAFT TEXT OF GENERAL REPORT AND AUTHORIZE THE CHAIR TO SIGN STATEMENT OF INTENT FOR BUTTE COUNTY AS AN OPT-IN- PARTICIPATING ENTITY. 2. Gilbert Associates - approval is requested for an agreement with Gilbert Associates for the provision of annual audit and compliance services. The term of the agreement is for preparation of reports for the fiscal years ending June 30, 2003, through June 30, 2005, with maximum amounts payable as follows: $57,700 for fiscal year ending June 30, 2003; $58,700 for fiscal year ending June 30, 2004; and $60,400 for fiscal year ending June 30, 2005 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. 3. Appropriations Limit Calculation for Fiscal Year 2003-2004 - approval is requested for resolutions, pursuant to Government Code Section 7910, which will establish the appropriations limit for the County of Butte for all special districts under the control of the Board of Supervisors for fiscal year 2003- 2004 - action requested - ADOPT RESOLUTIONS 03-087 AND 03-088 AND AUTHORIZE THE CHAIR TO SIGN. 4. Cherokee Restoration Fellowship - Amendment - approval is requested for an amendment to the agreement with Cherokee Restoration Fellowship for the provision of residential treatment services. The amendment decreases the maximum amount payable by $19,330.08. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13745) MINUTES PacE 1 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 10, 2003 03-153 5. Feather River Tribal Health, Inc. - Amendment - approval is requested for an amendment to the agreement with Feather River Tribal Health, Inc., for the provision of mental health services to clients receiving Medi-Cal benefits. The amendment provides for the inclusion of Crises Intervention services to the mental health services provided. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13612) 6. Right Road Recovery Programs, Inc. - Amendment - approval is requested for an amendment to the agreement with Right Road Recovery Programs, Inc., for the provision of outpatient drug-free counseling and short-term residential treatment services. The amendment decreases the maximum amount payable by $5,212.50. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13719) 7. INSYST User Group - Memorandum of Understanding - Amendment - approval is requested for an amendment to the Memorandum of Understanding with the INSYST User Group for membership costs to the software user's group. The amendment increases the maximum amount payable by $34.53 (department budget) for fiscal year 2002-2003 as a result of an amended county cost distribution. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11038) 8. Thomas Lancaster, M.D. - Amendment - approval is requested for an amendment to the agreement with Thomas Lancaster, M.D., for the provision of medical services in the specialized field of Psychiatry. The amendment increases the maximum amount payable by $18,500 (department budget) for fiscal year 2002-2003. 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. X11300) 9. Superior Court of California, County of Butte/Behavioral Health - Memorandum of Understanding - approval is requested for a Memorandum of Understanding with the Superior Court of California, County of Butte, for implementation of a Juvenile Drug Court Program. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable to Behavioral Health of $7,575. Board approval is also requested to accept and appropriate the unanticipated revenue - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-503 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. MINUTES PacE 2 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 10, 2003 03-153 10. Butte County Probation Department/Department of Behavioral Health - Memorandum of Understanding - Amendment - approval is requested for an amendment to the Memorandum of Understanding with the Probation Department for services in support of the Family Bridges Program. The amendment increases the maximum amount payable to the Probation Department by $6,502 (department budget) and adjusts line item expenses. Approval is also requested for a budget transfer to transfer funds from the Behavioral Health Department to the Probation Department. 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; AND APPROVE BUDGET TRANSFER B-496 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 11. Santa Clara County - approval is requested for an agreement with Santa Clara County for the provision of services at Santa Clara County's Community Treatment Facility. The term of the agreement is May 10, 2002, through June 30, 2003, with a maximum amount payable of $149,617.02 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 12. Counseling Solutions - Amendment - approval is requested for an amendment to the agreement with Counseling Solutions for the provision of mental health services to clients who are eligible to receive Medi-Cal benefits. The amendment increases the maximum amount payable by $29,999.70 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 13. Helios Health Care, LLC, d/b/a Chico Creek and Rehabilitation - Amendment - approval is requested for an amendment to the agreement with Chico Creek and Rehabilitation for the provision of meals to patients in the Psychiatric Health Facility. The amendment provides for the change in business ownership to Helios Health Care, LLC. 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. X13806) 14. North Valley Parent Education Network - Amendment - approval is requested for an amendment to the agreement with North Valley Parent Education Network for the provision of counseling and day rehabilitation services. The amendment reduces the maximum amount payable by $4,581.50. 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. X13676) MINUTES PacE 3 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JUNE 10, 2003 03-153 15. Accept Unanticipated Revenue - approval is requested to accept and appropriate $24,900 received from the Department of Employment and Social Services for services provided under the First Chance Memorandum of Understanding - action requested - APPROVE BUDGET TRANSFER B-492 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 16. Resolution of Support - Supervisor Yamaguchi submits a resolution supporting the federal legislative transfer of Bureau of Land Management lands to the Paradise Recreation and Park District - action requested - ADOPT RESOLUTION 03-089 AND AUTHORIZE THE CHAIR TO SIGN. 17. Criminal Justice Facility Construction Fund - consideration of a resolution repealing Resolution Nos. 93-195 and 93-196 and reimplementing Government Code Sections 76000(A) and 76106 relating to the Criminal Justice Facility Construction Fund. The resolution establishes the allocation of the $7.00 penalty - action requested - ADOPT RESOLUTION 03-090 AND AUTHORIZE THE CHAIR TO SIGN. 18. MAXIMUS, INC. - Amendment - approval is requested for an amendment to the agreement with MAXIMUS, INC., for the provision of a Countywide cost of services/user fee study. The proposed amendment revises the scope of services to include additional work requested by the County, and increases the maximum amount payable by $5,000 (department budget) to fund the additional services. 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. X13956) 19. Increase of Revolving Fund by $10,000 - approval is requested for a resolution which would increase the department's revolving fund by $10,000. The fund is used to support activities involving tax return interceptions. The department will utilize current year budget appropriations to provide the fund increase - action requested - ADOPT RESOLUTION 03-091 AND AUTHORIZE THE CHAIR TO SIGN. 20. Private Industry Council - Amendment - approval is requested for an amendment to the sublease agreement with the Private Industry Council for the property located at 2445 Carmichael Drive, Chico. The amendment extends the term of the lease through June 20, 2017, sets the monthly gross rental rate for fiscal year 2002-2003 at $0.81 per square foot, and includes a rental rate schedule for the remaining term of the agreement. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10773) MINUTES PacE 4 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 10, 2003 03-153 21. PNMit - approval is requested for an agreement with PNMit for the provision of mail services for statutory mailings. The term of the agreement is July 1, 2003, through December 20, 2006, with a maximum amount payable of $90,000 per fiscal year (department budget). Sole source approval is also requested. The County has selected the vendor based on the Request For Proposal issued by San Luis Obispo County - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE SOLE SOURCE AWARD OF AGREEMENT. (Contract No. X14172) 22. Behavioral Health Board - action requested - APPOINT TODD REINHARDT, LAW ENFORCEMENT REPRESENTATIVE, TO A VACATED TERM TO EXPIRE DECEMBER 2005. 23. Paradise Memorial Hall Committee - action requested - APPOINT PETER J. FREITAG, AMERICAN LEGION POST NO. 259 DELEGATE, AND PAUL H. HARMON, AMERICAN LEGION POST NO. 259 ALTERNATE, TO TERMS TO END JUNE 30, 2004. 24. Approval of Minutes - action requested - APPROVE MINUTES OF APRIL 8, 2003; APRIL 22, 2003; AND MAY 8, 2003. 25. Appropriate Prior Year Funds - approval is requested to appropriate $14,000 of prior year funds to provide funding needed for a Growth Scenario Analysis agreement with Chico State University, Research Foundation. The funds were initially encumbered under a prior year contract, but the encumbrance was inadvertently released prior to this fiscal year - action requested - APPROVE BUDGET TRANSFER B-495 (4/5 vote required) ACCEPTING AND APPROPRIATING PRIOR YEAR ENCUMBERED FUNDS INTO THE CURRENT FISCAL YEAR AS DETAILED IN THE AGENDA REPORT. 26. Environmental Science Associates - Amendment - approval is requested for an amendment to the agreement with Environmental Science Associates for the provision of a General Plan Consistency Study for the 2000 Airport Land Use Compatibility Plan. The amendment extends the term of the agreement to June 30, 2003, to allow for final billings on the project to be paid. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13328) 27. Purchase of a Fixed Asset - Colposcope - approval is requested for the sole source fixed asset purchase of a colposcope in the amount of $6,510. The equipment will be utilized in forensic examinations of sexual assault victims. The department is proposing to use grant funds to purchase the equipment, and Board approval is requested for a budget transfer between budget line items to provide for the purchase - action requested - APPROVE BUDGET TRANSFER B-497; AND APPROVE SOLE SOURCE PURCHASE OF FIXED ASSET ITEM IN THE AMOUNT OF $6,510. MINUTES PacE 5 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 10, 2003 03-153 28. Electric Vehicle Secure Shelter - approval is requested for a budget transfer in the amount of $4,077 from the District Attorney's budget to the General Services-Facilities Services budget to fund a project to construct a secured covered shelter for an electric vehicle that is utilized by staff to transport files to and from the department's long-term storage facility - action requested - APPROVE BUDGET TRANSFER B-498 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS FROM THE DISTRICT ATTORNEY'S BUDGET TO THE GENERAL SERVICES-FACILITIES SERVICES BUDGET. 29. Valley Toxicology Service, Inc. - approval is requested for an agreement with Valley Toxicology Service, Inc., for the provision of substance analysis and expert court testimony. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $62,000 (department budget). Board approval is also requested for the sole source award of the agreement. Valley Toxicology is the only licensed vendor capable of providing the level of service required by the District Attorney's Office - action requested - APPROVE SOLE SOURCE AWARD OF AGREEMENT; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14133) 30. Office of Criminal Justice Planning - Statutory Rape Vertical Prosecution Program Grant for Fiscal Year 2003-2004 - approval is requested for a grant application to the Office of Criminal Justice Planning for funds to support a Statutory Rape Vertical Prosecution Program. The term of the grant is July 1, 2003, through June 30, 2004, and will provide the County with $130,500 for the program - action requested - AUTHORIZE SUBMISSION OF THE GRANT; APPROVE CERTIFICATION OF ASSURANCE AND COMPLIANCE AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE DISTRICT ATTORNEY TO SIGN ANY SUBSEQUENT DOCUMENTS RELATED TO THE GRANT. 31. Office of Criminal Justice Planning - Violence Against Women Vertical Prosecution Program Grant for Fiscal Year 2003- 2004 - approval is requested for a grant application to the Office of Criminal Justice Planning for funds to support a Violence Against Women Vertical Prosecution Program. The term of the grant is July 1, 2003, through June 30, 2004, and will provide the County with $91, 182 for the program - action requested - AUTHORIZE SUBMISSION OF THE GRANT; APPROVE CERTIFICATION OF ASSURANCE AND COMPLIANCE AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE DISTRICT ATTORNEY TO SIGN ANY SUBSEQUENT DOCUMENTS RELATED TO THE GRANT. MINUTES PacE 6 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS 03-153 MINUTES PAGE 7 JUNE 10, 2003 MINUTES -JUNE 10, 2003 32. Accept Unanticipated Revenue - approval is requested for the acceptance and appropriation of $24,900 of Federal Temporary Assistance For Needy Families Welfare Performance Incentive Funds into the CalWORKs budget to provide the funding needed for an agreement with the Department of Behavioral Health for the provision of alcohol and drug treatment services for needy families - action requested - APPROVE BUDGET TRANSFER B-492 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 33. Northern Valley Catholic Social Service - Amendment - approval is requested for an amendment to the agreement with Northern Valley Catholic Social Service for the provision of counseling and assessment services to Children's Services clients. The amendment increases the maximum amount payable by $15,000 to allow services to continue through June 30, 2003. To fund the agreement, the department is requesting the Board approve the acceptance and appropriation of $15,000 of Federal Temporary Assistance For Needy Families Welfare Performance Incentive Funds into the CalWORKs budget - action requested - APPROVE BUDGET TRANSFER B-490 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13635) 34. William W. Lewis and Joan O. Lewis - approval is requested for a lease agreement with William W. Lewis and Joan O. Lewis for a building on the property located at 2542 Highway 32, Chico, which is utilized as office space and apparatus bays. The term of the agreement is July 1, 2003, through June 30, 2004, with a monthly lease rate of $1,055 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14044) 35. Chico Urban Area Fire and Rescue Agreement - Annual Report - submission of the Chico Urban Area Fire and Rescue Agreement Annual Report for March 1, 2002, through February 28, 2003 - action requested - ACCEPT FOR INFORMATION. 36. Resolution in Appreciation of Jim Giles, Volunteer Fire Chief, Upon Retirement from the Fire Department - action requested - ADOPT RESOLUTION 03-092 AND AUTHORIZE THE CHAIR TO SIGN. BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 10, 2003 03-153 37. Jones-Campbell Company - approval is requested to ratify an agreement with Jones-Campbell Company for the purchase of office furniture for the offices located at 1420 Myers Street and 1447 Huntoon Street, Oroville. The agreement is the result of a request for Best and Final Offers from five dealers specified as California Multiple Award Schedule (CHAS) dealers. Funding for the agreement is provided by grant funds from the State. The agreement, in the amount of $369,582.61, was awarded to insure completion of the project by June 30, 2003, as required by the terms of the grant - action requested - RATIFY AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 38. State Board of Corrections - Amendment - approval is requested for an amendment to the revenue agreement with the State Board of Corrections for the construction of the new Juvenile Hall. The amendment extends the term of the agreement to August 31, 2003. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40313) 39. Budget Transfer - approval is requested to transfer $2,600 from the General Fund Appropriation for Contingencies to the Veterans Services budget to provide funding to extend an extra-help employee through the end of fiscal year 2002-2003 - action requested - APPROVE BUDGET TRANSFER B-500 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 40. Golden State Utility Company - approval is requested to award an agreement to Golden State Utility Company for construction of a new telecommunications tower at the Platte Mountain site. The agreement is the result of an Invitation For Bids. The lowest bid meeting requirements was Golden State Utility Company of Sacramento, in the amount of $192,345. Funding for the project is provided by State funds ($175,000) and ISF Equipment Replacement funds - action requested - APPROVE AWARD OF AGREEMENT TO GOLDEN STATE UTILITY COMPANY AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-502 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT . MINUTES PacE 8 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 10, 2003 03-153 41. Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: AUDITOR-CONTROLLER - deletes one sunset position of Senior Account Clerk (position end date of 6-30-03) Adds two flexibly staffed sunset positions of Accounting Specialist/Senior Account Clerk/Account Clerk (position end dates of 12-31-03). HUMAN RESOURCES - deletes one flexibly staffed position of Secretary II/I/Office Assistant III/II/I. Adds one flexibly staffed position of Receptionist/Office Assistant III/II/I. COUNTY COUNSEL - deletes one position of Paralegal (effective 6-16-03) Adds one flexibly staffed position of Legal Secretary II/I (effective 6-16-03) COUNTY CLERK-RECORDER - adds one sunset position of Deputy County Clerk Recorder I (position end date of 6-30-04). BEHAVIORAL HEALTH-GENERAL SERVICES - extends the sunset dates for the following positions from June 30, 2003, to June 30, 2004: four positions of Mental Health Clinician II/I, four positions of Senior Mental Health Counselor/Mental Health Counselor/Mental Health Worker, and one position of Medical Records Technician II/I. SALARY PLAN FOR LAW ENFORCEMENT GENERAL UNIT CLASSIFICATIONS - replaces salary tables to reflect the approved cost of living allowance pursuant to the Memorandum of Understanding with the bargaining unit - action requested - ADOPT RESOLUTION 03-093 AND AUTHORIZE THE CHAIR TO SIGN. 42. Budget Transfer - approval is requested for a transfer of $20,102 in department funds between budget line items to provide the appropriation needed to fund the major maintenance project to increase the power generation capacity of the emergency power backup from 45 kilowatts to 100 kilowatts to handle current and future emergency power needs - action requested - APPROVE BUDGET TRANSFER B-489. 43. Library Donations - pursuant to Government Code Section 25355, donations of $2,405 from the Chico Friends of the Library, $2,000 from the Paradise Friends of the Library, $850 from the Oroville Friends of the Library, $250 from Interwest Insurance Services, and $150 from the AAUW, c/o Jo Ann Palmer, Chico, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 44. Library Advisory Board - submitted are two recommendations for the two vacancies on the Library Advisory Board - action requested - APPOINT MARGARET SIEMSEN AND SUZANNE INGRAM TO VACATED TERMS. MINUTES PacE 9 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 10, 2003 03-153 45. Office of Criminal Justice Planning - Juvenile Accountability and Incentive Block Grant - approval is requested to ratify an application sent to the Office of Criminal Justice Planning for a fiscal year 2003-2004 grant in the amount of $42,384 for funds to support programs that recognize positive behaviors in juvenile probationers. The grant requires a $4,709 County match which is included in the department's fiscal year 2003-2004 department budget proposal - action requested - RATIFY CHIEF PROBATION OFFICER'S SUBMISSION OF GRANT APPLICATION; AND AUTHORIZE THE CHIEF PROBATION OFFICER TO SIGN GRANT AWARD DOCUMENTS ON BEHALF OF THE COUNTY. 46. Sentinel Offender Services, LLC - approval is requested for agreements with Sentinel Offender Services, LLC, for the provision of electronic monitoring services for individuals as an alternative to incarceration. The agreements are the result of a Request For Proposal. Separate agreements will be entered into for the Sheriff's Office and the Probation Department. Both agreements have a term of July 1, 2003, through June 30, 2004, and will be renewed annually for two- year increments until terminated by either party. The maximum amount payable for the agreement with the Sheriff's Office is $30,000 (department budget) and the maximum amount payable for the agreement with the Probation Department is $56,000 (department budget) - action requested - APPROVE AGREEMENTS (2) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 47. Northern Valley Catholic Social Service - Amendment - approval is requested for an amendment to the agreement with Northern Valley Catholic Social Service for the provision of coordination services of the community-based organizations which provide life skills training to residents of the Juvenile Hall. The amendment extends the term of the agreement through June 30, 2004, and increases the maximum amount payable by $25,000 (Temporary Assistance For Needy Families funds) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13222) 48. Budget Transfer - approval is requested to transfer $3,240 from the Victim Witness budget unit to the County's Communications Division for the purchase and installation of a new telephone console for the Victim Witness Office. The Office of Criminal Justice Planning has approved the transfer of funds and acquisition of equipment - action requested - APPROVE BUDGET TRANSFER B-494 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. MINUTES PacE l0 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 10, 2003 03-153 49. Office of Criminal Justice Planning - Serious Habitual Offender Grant Augmentation - approval is requested to accept an augmentation and extension funding allocation in the amount of $101,500 from the Office of Criminal Justice Planning for the Serious Habitual Offender Grant programs. The grant augmentation does not require a County match - action requested - RATIFY CHIEF PROBATION OFFICER'S SUBMISSION OF GRANT APPLICATION; AND AUTHORIZE THE CHIEF PROBATION OFFICER TO SIGN DOCUMENTS ASSOCIATED WITH THE GRANT AWARD. 50. Monica Schwartz - Amendment - approval is requested for an amendment to the agreement with Monica Schwartz for the provision of Occupational and Physical Therapy services for Children's Services Clients. The amendment increases the maximum payable for fiscal year 2002-2003 by $6,800 (500 State funds, 25o Realignment funds, and 25o department funds). 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. X13539) 51. Occupational and Physical Therapists - approval is requested for agreements with various Occupational and Physical Therapists who provide services to eligible clients of the California Children's Services program. All of the proposed agreements are for the term of July 1, 2003, through June 30, 2004, and are funded by State funds (500), Realignment funds (250) and County funds (250 [department budget]). The following agreements are presented for Board approval: Bonnie Deer (maximum amount payable of $59,843); Gina Lynne Burris (maximum amount payable of $25,932); Terri Johnson (maximum amount payable of $82,320); Susan McManus (maximum amount payable of $45,437); Monica Schwartz (maximum amount payable of $72,034); Joy Stabel (maximum amount payable of $51,587); Mary Sweeney (maximum amount payable of $25,266); Diane Willow Dejesus (maximum amount payable of $49,869); and Teresa Wood Hansen (maximum amount payable of $73,142) - action requested - APPROVE AGREEMENTS (9) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 52. County Service Area (CSA) No. 165 (Justin Manor Subdivision) - Annexation - Philip and Roberta Roberts have requested annexation to CSA No . 165 to provide storm drainage maintenance, street lighting and fire protection services to their proposed contiguous Martin Subdivision. The applicants have agreed to the existing maximum service charge which allows the annexation to proceed without a ballot proceeding pursuant to Proposition 218 - action requested - ADOPT RESOLUTION 03-094 AUTHORIZING APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION FOR ANNEXATION TO CSA NO. 165 AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PacE ll JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 10, 2003 03-153 53. Grant Bicycle/Pedestrian Easement to the City of Chico - approval is requested to grant to the City of Chico an additional portion of easement in the area of Shasta Avenue in support of an approved subdivision west of the Esplanade and north of Shasta Avenue. The County has previously granted the City an easement along this route, but an additional easement is needed to connect the existing easement to the subdivision - action requested - APPROVE GRANTING OF ADDITIONAL EASEMENT TO THE CITY OF CHICO; AND APPROVE THE GRANT DEED FOR BICYCLE PATH EASEMENT AND AUTHORIZE THE CHAIR TO SIGN. 54. Union Pacific Railroad Company - Supplemental Agreement - approval is requested for a supplemental agreement to the Public Highway Crossing Agreement with the Union Pacific Railroad Company in support of the reconstruction and widening of West East Avenue project. The supplemental agreement provides for the acquisition of an additional 15-foot wide crossing easement along side of the existing 90-foot wide easement, at the cost to the County of $8,950 (project budget) - action requested - ADOPT RESOLUTION 03-135 APPROVING SUPPLEMENTAL AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE SUPPLEMENTAL AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 55. Bald Rock Road Chip Seal - Reimbursement Agreement - approval is requested for a reimbursement agreement with the California Department of Transportation for funds to be utilized for the chip seal project on Bald Rock Road. The Department of Transportation will provide $100,000 toward the project for the use of Bald Rock Road as a detour route during the department's construction project on Forest Highway 119 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 56. Construction of a Leachate Impoundment, Access Road and Storm Water Sediment Basin at the Neal Road Sanitary Landfill - approval is requested to authorize the department to issue an Invitation For Bids to construct a leachate impoundment, access road and storm water sediment basin at the Neal Road Sanitary Landfill - action requested - AUTHORIZE THE DEPARTMENT TO ISSUE AN INVITATION FOR BIDS. 57. Request to Set a Public Hearing - Consideration of an Ordinance Amending Article VII of Chapter 3 of the Butte County Code Regarding Gate Fees Chargeable at the Neal Road Sanitary Landfill - approval is requested to set a public hearing on July 8, 2003, at 10:30 a.m., to consider an amendment to Article VII of Chapter 3 of the Butte County Code regarding gate fees chargeable at the Neal Road Sanitary Landfill - action requested - SET A PUBLIC HEARING FOR JULY 8, 2003, AT 10:30 A.M. MINUTES PacE 12 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 10, 2003 03-153 58. County Service Area No. 155 (Laurelwood Estates Subdivision) - Budget Transfer - approval is requested for a transfer of $574 from the Designated Fund Balance Schedule 15 to the Maintenance of Equipment line item to provide the appropriation to pay for replacement of a faulty pressure tank used in the fire protection system within County Service Area No. 155 (Laurelwood Estates Subdivision) - action requested - APPROVE BUDGET TRANSFER B-499. 59. Resolution Withdrawing Appointment of Deputy County Surveyor - approval is requested for a resolution which will withdraw the appointment of the position of Deputy County Surveyor from Mr. Warner Phillips as a result of his pending retirement from the County - action requested - ADOPT RESOLUTION 03-096 AND AUTHORIZE THE CHAIR TO SIGN. 60. Resolution Setting a Public Hearing - County Service Area (CSA) No. 135-Zone 4 (Keefer Creek Estates-Zone 4) and County Service Area (CSA) No. 141 (Mountain Oaks Subdivision) - approval is requested for a resolution setting a public hearing for August 12, 2003, at 10:30 a.m., for the commencement of procedures to impose increased annual service charges for the CSAs. The current per parcel service charges are insufficient to cover the increased waste water permit fees charged by the State and maintain current service levels - action requested - ADOPT RESOLUTION 03-097 SETTING A PUBLIC HEARING FOR AUGUST 12, 2003, AT 10:30 A.M. 61. Office of Criminal Justice Planning - Marijuana Suppression Grant - approval is requested to approve the fiscal year 2003-2004 grant application to the Office of Criminal Justice Planning for funds to support a Marijuana Suppression Program. The term of the grant is July 1, 2003, through June 30, 2004, and will provide the County with $250,000 for the program. No County match is required - action requested - ADOPT RESOLUTION 03-098 APPROVING GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE SHERIFF OR SHERIFF'S AGENTS TO SUBMIT AND SIGN DOCUMENTS AS REQUIRED BY THE GRANT OBJECTIVES. 62. State of California, Department of Water Resources - approval is requested for a revenue agreement with the State of California, Department of Water Resources, for funds to support the Thermalito Afterbay Marine Enforcement Program. The term of the agreement is July 1, 2003, through June 30, 2006, with a maximum amount payable to the County of $573,000 over the multi-year agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE SHERIFF- CORONER TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND AUTHORIZE THE SHERIFF'S OFFICE TO SUBMIT REIMBURSEMENT REQUESTS AND ADDITIONAL DOCUMENTS AS REQUIRED BY THE TERMS OF THE AGREEMENT. MINUTES PacE 13 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 10, 2003 03-153 63. 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 security services by the Sheriff's Office. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable to the Sheriff's Office of $1,077,550. The County has already received a portion of the funding for this agreement from the Courts and Board approval is also requested to accept and appropriate an additional $80,350 received for services under the agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER; AND APPROVE BUDGET TRANSFER B-491 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 64. Budget Transfer - approval is requested to transfer $8,177 from the Capital Improvement Project Budget for the evidence facility remodel project to the Sheriff's Office budget unit to provide the appropriation to purchase a workstation and customer counters for the existing evidence facility - action requested - APPROVE BUDGET TRANSFER B-501 (4/5 vote required). 65. Request to Set Public Hearings - Booking Fees Increase - approval is requested to set public hearings to consider an increase in fees charged pursuant to Butte County Code Section 36-5.2 for booking of persons into the Butte County Jail. Pursuant to both California Government Code requirements and Butte County Code requirements, two separate public hearings will need to be set to consider the proposed fees. The first public hearing to be set on June 24, 2003, at 10:30 a.m., will consider all protests to the fees, the making of findings and determinations on objections, and setting the appropriate amount of the fee by the Board. A second public hearing will be set on June 24, 2003, at 1:00 p.m., to consider adoption of the ordinance setting the new fee rate - action requested - SET A PUBLIC HEARING FOR JUNE 24, 2003, AT 10:30 A.M., TO CONSIDER OBJECTIONS AND PROTESTS TO A PROPOSED BOOKING FEE INCREASE, TO MAKE FINDINGS AND DETERMINATIONS ON ANY RECEIVED OBJECTIONS OR PROTESTS, AND TO DETERMINE THE APPROPRIATE FEE AMOUNTS; SET A PUBLIC HEARING FOR JUNE 24, 2003, AT 1:00 P.M., TO CONSIDER AN ORDINANCE INCREASING THE BOOKING FEES CHARGED AT THE BUTTE COUNTY JAIL; AND DIRECT THE CLERK OF THE BOARD TO PROVIDE NOTICE PURSUANT TO THE CALIFORNIA GOVERNMENT CODE AND BUTTE COUNTY CODE. MINUTES PacE 14 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS 03-153 MOTION: VOTE MINUTES MINUTES -JUNE 10, 2003 66. R & B Electronics - approval is requested to ratify an agreement with R & B Electronics for maintenance of the electrical systems in the Butte County Jail. The term of the agreement is May 1, 2003, through April 31, 2004, with a maximum amount payable of $29,500 (department budget). Sole Source approval is also requested for the agreement. The original equipment was purchased from R & B Electronics and is specialized equipment that is best maintained by the original supplier - action requested - APPROVE SOLE SOURCE AWARD OF AGREEMENT; AND RATIFY AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 67. Monthly Investment Report - submitted is the Monthly Investment Report dated April 30, 2003, in accordance with the Statement of Investment Policy dated July 1, 2002 - action requested - ACCEPT FOR INFORMATION. 68. Introduction of an Ordinance Amending Chapter 2, Article XIII.5, Sections 2-100.30 and 2-100.40 of the Butte County Code Relating to Powers and Duties of the Butte County Children and Families Commission - approval is requested for amendments to the ordinance governing the Butte County Children and Families Commission. The proposed amendments will provide for the appointment of alternate members, and revises the term starting/ending dates from March 1St of each respective year to July 1St of each respective year - action requested - WAIVE READING OF THE ORDINANCE. 69. Letter in Support of Area Agency on Aging Federal Pass- Through Bill - approval is requested for a letter of support for a federal funding pass-through bill to address cash flow problems facing the region's Area Agency on Aging - action requested - APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. (162) I MOVE TO APPROVE THE CONSENT AGENDA WITH THE ACTION REQUESTED ON ITEM 3.03 AMENDED TO CLARIFY THAT TWO RESOLUTIONS ARE BEING PASSED. M S 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) CHIEF SAGER INTRODUCED TO THE BOARD HENRI BRACHAIS, THE NEW FIRE CHIEF FOR BUTTE COUNTY. CHAIR BEELER PRESENTS A RESOLUTION TO JIM GILES IN APPRECIATION FOR HIS YEARS OF SERVICE TO THE FIRE DEPARTMENT. SUPERVISOR DOLAN HIGHLIGHTS THE CONTRACT WITH THE UNION PACIFIC RAILROAD COMPANY THAT WAS APPROVED ON THE CONSENT AGENDA. THE CONTRACT WILL PROVIDE FOR THE REPAIR OF THE RAILROAD CROSSING ON WEST EAST AVENUE. PAGE 15 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS REGULAR AGENDA MINUTES -JUNE 10, 2003 03-154 Appointments to Boards, Commissions and Committees. (313) 1. Appointments to Listed Vacancies. (NONE) 2. Airport Land Use Commission - action requested - APPOINT COUNTY REPRESENTATIVE TO A TERM TO END MAY 7, 2007. MOTION: I MOVE TO REAPPOINT ROBERT D. HARP, COUNTY REPRESENTATIVE, TO A TERM TO END MAY 7, 2002. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 3. Butte County Water Commission - action requested - APPOINT LANDOWNER-PRIVATE WELLS REPRESENTATIVE TO A TERM TO END MARCH 1, 2007. MOTION: I MOVE TO REAPPOINT MIKE MCENESPY, LANDOWNER-PRIVATE WELLS REPRESENTATIVE, TO A TERM TO END MARCH 1, 2007. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 03-155 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. (389) PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT THE BILL THAT CORRECTS THE AUDIT EXCEPTION WILL BE HEARD IN COMMITTEE IN THE SENATE NEXT WEEK AND HANDS OUT A COMPARISON OF VARIOUS BUDGET PROPOSALS BEFORE THE SENATE, ASSEMBLY, AND THE GOVERNOR'S MAY REVISE, AND DISCUSSES POSSIBLE STATE BUDGET EFFECTS ON BUTTE COUNTY. 03-156 Waiver of Fees - consideration of a waiver of fees for the Landmark Baptist Church associated with Use Permit No. 17 - action requested - FIND THAT THE APPLICANT MEETS THE CRITERIA ESTABLISHED BY SECTION 3-40.5 OF THE BUTTE COUNTY CODE FOR A FEE WAIVER; AND DIRECT STAFF TO ANALYZE THE CURRENT ORDINANCE LANGUAGE AS IT RELATES TO POTENTIAL IMPACTS ON THE COUNTY BUDGET. (963) MOTION: I MOVE TO FIND THAT THE APPLICANT MEETS THE CRITERIA ESTABLISHED BY SECTION 3-40.5 OF THE BUTTE COUNTY CODE FOR A FEE WAIVER; THAT THE FEES (THOSE FEES INCURRED ABOVE THE INITIAL $700 FEE PAID BY THE CHURCH) BE WAIVED. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 03-157 Lake Oroville Relicensing - Staff Update - report to the Board on the relicensing process and discussion of the County's goals and Protection, Mitigation and Enhancement Measures - action requested - ACCEPT FOR INFORMATION. (1335) PRESENTATION TO THE BOARD BY BRUCE ALPERT, COUNTY COUNSEL, ON THE STATUS OF THE RELICENSING PROCESS AND THE COUNTY'S PROTECTION, MITIGATION AND ENHANCEMENT MEASURES. MINUTES PacE 16 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 10, 2003 RECESS: 10:18 A.M. RECONVENE: 10:34 A.M. PUBLIC HEARINGS AND TIMED ITEMS 03-158 Public Hearing - County Service Area No. 135-Zone 2 (Keefer Creek Estates-Zone 2) - Ballot Proceeding - CSA No. 135-Zone 2 provides street lighting, drainage and sewer services. The current per parcel service charge is insufficient to cover the increased waste water permit fee charged by the State and maintain current service levels. On March 25, 2003, the Board adopted a resolution directing commencement of the ballot proceedings - action requested - OPEN PUBLIC HEARING; REQUEST BALLOT RESULTS FROM THE CLERK OF THE BOARD. IF A MAJORITY HAVE VOTED IN FAVOR OF THE INCREASE, THE INCREASED FEE IS ESTABLISHED. IF A MAJORITY HAVE VOTED AGAINST THE PROPOSED INCREASE, THE FEE INCREASE IS NOT ESTABLISHED AND THE BOARD IS REQUESTED TO AUTHORIZE SERVICE REDUCTIONS IN THE FORM OF REDUCED STREET LIGHTING SERVICES TO THE EXTENT OF FUNDING AVAILABLE. (FROM 3-25-03 [5.02]) (2170) PUBLIC HEARING OPENED: 10:36 A.M. PUBLIC HEARING CLOSED: 10:36 A.M. TOTAL BALLOTS ISSUED: 21 TOTAL BALLOTS RETURNED: 14 TOTAL BALLOTS IN FAVOR: 5 TOTAL BALLOTS OPPOSED: 8 TOTAL BALLOTS ABSTAINING: 1 THE PROPOSED INCREASE FAILED TO CARRY. 03-159 Continued 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 - AT THE REQUEST OF THE APPLICANTS, CONTINUE MATTER FOR AN ADDITIONAL 60 DAYS. (FROM 4-22-03 [5.01]) (2294) PUBLIC HEARING RECONVENED AT 10:37 A.M. AND CONTINUED OPEN AT THE REQUEST OF THE APPLICANT TO AUGUST 12, 2003, AT 10:35 A.M. MINUTES PacE 17 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JUNE 10, 2003 REGULAR AGENDA 03-160 Dissolution of County Service Areas - consideration of the dissolution of certain County Service Areas (CSAs) which do not have a budget and do not provide services - action requested - DETERMINE WHICH CSAs SHOULD BE DISSOLVED; AND DIRECT PUBLIC WORKS TO NOTIFY PROPERTY OWNERS WITHIN EACH CSA PROPOSED FOR DISSOLUTION REGARDING OPTIONS FOR THE CSA, AND RETURN A REPORT ON PROPERTY OWNER RESPONSES TO THE BOARD FOR CONSIDERATION AND FURTHER ACTION AS APPROPRIATE. (2345) PUBLIC WORKS STAFF INFORMS THE BOARD THAT THERE ARE STILL TWO COUNTY SERVICE AREAS THAT NEED ADDITIONAL WORK BEFORE BOARD CONSIDERATION. THIS ITEM WILL RETURN TO THE BOARD FOR CONSIDERATION WITHIN THE NEXT 30 DAYS. PUBLIC HEARINGS AND TIMED ITEMS 03-161 Continued 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 MAY 13, 2003, ADOPT A MITIGATED NEGATIVE DECLARATION; MINUTES PAGE 18 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS 03-161 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 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 MAY 13, 2003, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MAY 13, 2003, DENY THE APPEAL AND APPROVE TENTATIVE SUBDIVISION MAP 01-06 FOR JOHN AND SHARON BYRNE, APN 007-260- 091 AND 007-260-082. (FROM 5-13-03 [5.02] (2463) (**00) RECESS: RECONVENE PUBLIC HEARINGS AND TIMED ITEMS 03-162 Public Hearing - Community Development Block Grant Planning and Technical Assistance (General Allocation and Economic Development) Application for Fiscal Year 2003-2004 - consideration of an application and citizen input regarding funds from the Community Development Block Grant Planning and Technical Assistance (General Allocation and Economic Development) for the following projects: PUBLIC HEARING RECONVENED AT 10:46 A.M. AND CONTINUED OPEN TO AUGUST 26, 2003, AT 10:30 A.M. TO PROVIDE STAFF TIME TO REVIEW ADDITIONAL ISSUES AND TO REVIEW POSSIBLE SOLUTIONS. 11:40 A.M. 11:50 A.M. 1. General Allocation - conceptual design and feasibility study for developing a low/moderate income housing project on a 0.45 acre parcel in the unincorporated area in the vicinity of 874 E. 20th Street, Chico; and MINUTES -JUNE 10, 2003 2. Economic Development - development of an outdoor recreation/tourism analysis for Butte County, including the investigation of outdoor recreational and economic development opportunities and job creation strategies associated with the activities. MINUTES PAGE 19 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 10, 2003 03-162 The County may apply for up to a maximum of $800,000 in Community Development Block Grant funds in fiscal year 2003-2004. The total funds requested to implement the two proposed projects is $70,000 ($35,000 per project) - action requested - ADOPT RESOLUTIONS (2) APPROVING APPLICATIONS FOR FUNDING OF PROPOSED PROJECTS AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN DOCUMENTS RELATED TO THE GRANTS. (**491) PUBLIC HEARING OPENED: 11:50 A.M. PUBLIC HEARING CLOSED: 11:51 A.M. MOTION: I MOVE TO ADOPT RESOLUTIONS 03-099 AND 03-100, APPROVING APPLICATIONS FOR FUNDING OF PROPOSED PROJECTS AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN DOCUMENTS RELATED TO THE GRANTS. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) REGULAR AGENDA 03-163 Butte Basin Water Users Association Annual Report - presentation of the annual report regarding the status of groundwater resources within the Butte Basin as required by Butte County Code Section 33.3 - action requested - ACCEPT FOR INFORMATION. (**813) PRESENTATION TO THE BOARD BY TOCCOY DUDLEY, BUTTE BASIN WATER USERS ASSOCIATION. 03-164 Comprehensive Economic Development Strategy - Projects List - consideration of the Comprehensive Economic Development Strategy Projects List for review, possible amendment, and approval. Once approved, the list becomes the County's list of projects eligible to apply for assistance under the Economic Development Administration's public works and economic assistance programs - action requested - REVIEW, AMEND AS NECESSARY AND/OR APPROVE PROJECTS LIST AND DIRECT STAFF TO FORWARD THE LIST TO THE TRI- COUNTY ECONOMIC DEVELOPMENT CORPORATION. (**1471) MOTION: I MOVE TO APPROVE THE PROJECT LIST, ADDING THE RAILWAY INFRASTRUCTURE IMPROVEMENTS TO THE LIST AND MOVING THE MAGALIA DAM, WIDENING OF THE SKYWAY, AND UPPER SKYWAY ESCAPE ROUTE PROJECTS FROM THE B LIST TO THE A; AND DIRECT STAFF TO FORWARD THE LIST TO THE TRI-COUNTY ECONOMIC DEVELOPMENT CORPORATION. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MINUTES PacE 20 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JUNE 10, 2003 CLOSED SESSION 03-165 RECESS: THE BOARD RECESSED AT 12:31 P.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) JONES, ET AL. V. BROOKS, ET AL. (BUTTE COUNTY SUPERIOR COURT CASE NO. 84429); PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/ RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR-PUBLIC HEALTH; PUBLIC EMPLOYEE PERFORMANCE EVALUATION/APPOINTMENT/EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: COUNTY COUNSEL; AND PUBLIC EMPLOYEE PERFORMANCE EVALUATION/GOALS PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR-PUBLIC WORKS. (**1885) RECONVENE: THE BOARD RECONVENED AT 1:50 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) JONES, ET AL. V. BROOKS, ET AL. (BUTTE COUNTY SUPERIOR COURT CASE NO. 84429); PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/ RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR-PUBLIC HEALTH; PUBLIC EMPLOYEE PERFORMANCE EVALUATION/APPOINTMENT/EMPLOYMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: COUNTY COUNSEL; AND PUBLIC EMPLOYEE PERFORMANCE EVALUATION/GOALS PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR-PUBLIC WORKS. (**1915) CLOSED SESSION ANNOUNCEMENT: ON A UNANIMOUS VOTE, THE BOARD OF SUPERVISORS HAS APPROVED A NEW FOUR-YEAR TERM FOR COUNTY COUNSEL. REGULAR AGENDA 03-166 Regional Land Government E-Waste Transfer and Reclamation Facility Grant Application - consideration of a resolution authorizing the County of Butte to act as lead agency for submission of the fiscal year 2003-2004 Regional Land Government E-Waste Transfer and Reclamation Facility Grant Application - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO ACT AS LEAD AGENCY FOR APPLICATION AND ADMINISTRATION OF THE GRANT; AND AUTHORIZE THE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO EXECUTE DOCUMENTS ASSOCIATED WITH THE GRANT FUNDING AND ADMINISTRATION. (**1933) MOTION: I MOVE TO ADOPT RESOLUTION 03-101 AND AUTHORIZE THE CHAIR TO SIGN; AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO ACT AS LEAD AGENCY FOR APPLICATION AND ADMINISTRATION OF THE GRANT; AND AUTHORIZE THE PUBLIC WORKS DIRECTOR OR HIS DESIGNEE TO EXECUTE DOCUMENTS ASSOCIATED WITH THE GRANT FUNDING AND ADMINISTRATION. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MINUTES PacE 21 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 10, 2003 03-167 Rehabilitation of the Skyway from Chico City Limits to Approximately 6.25 Miles East - Federal Project No. RPSTPL- 5902(051) - County Project No. 51261-1/2-2000-1 - consideration of an award of a contract for the rehabilitation of Skyway from the Chico city limits to approximately 6.25 miles east - action requested - AWARD AGREEMENT TO LOWEST RESPONSIBLE BIDDER AS RECOMMENDED BY THE DEPARTMENT FOLLOWING THE JUNE 6, 2003, BID OPENING; AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (**2756) MOTION: I MOVE TO AWARD THE AGREEMENT TO BALDWIN CONTRACTING COMPANY OF CHICO IN THE AMOUNT OF $1,575,936, AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 03-168 2003-2004 Proposed 20-Year Capital Improvement Program - consideration of the Public Works Department's recommendations for the 2003-2004 20-Year Capital Improvement Program - action requested - ACCEPT THE PROPOSED PROGRAM AND PROVIDE COMMENTS AND DIRECTION AS NECESSARY; DIRECT THE DEPARTMENT TO MAKE ANY CHANGES DIRECTED AND RETURN THE FINAL PROGRAM TO THE BOARD FOR CONSIDERATION. (**2892) BOARD DIRECTION TO INCLUDE EATON ROAD ON ONE OF THE FUTURE TIERS. 03-169 Lincoln Boulevard Bike Lanes - consideration of the establishment of Class II bike lanes on Lincoln Boulevard from the Oroville city limits to Monte Vista Avenue - action requested - ADOPT RESOLUTION ESTABLISHING BIKE LANES AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT THE DIRECTOR OF PUBLIC WORKS TO PERFORM THE NECESSARY WORK TO CONSTRUCT THE CLASS II BIKE LANES ON LINCOLN BOULEVARD WITHIN THE ESTABLISHED LIMITS AND DELINEATE ACCORDINGLY. (**3134) MOTION: I MOVE TO ADOPT RESOLUTION 03-102 ESTABLISHING BIKE LANES AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT THE DIRECTOR OF PUBLIC WORKS TO PERFORM THE NECESSARY WORK TO CONSTRUCT THE CLASS II BIKE LANES ON LINCOLN BOULEVARD WITHIN THE ESTABLISHED LIMITS AND DELINEATE ACCORDINGLY. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 03-170 Items Removed from the Consent Agenda for Board Consideration and Action. (**3266) (NONE) MINUTES PacE 22 JUNE 10, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 10, 2003 PUBLIC COM[IENT 03-171 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. (**3273) 1. Molly Hillis, United Domestic Workers, addressed the Board regarding wage and benefit increases for in-home supportive services worker. 2. Barbara Huff, United Domestic Workers, addressed the Board regarding increased wages and benefits for workers and read a statement by Lisa Millivk into the record. ADJOURNMENT THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 2:31 P.M., TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD JUNE 24, 2003, AT 9:00 A.M. R.J. Beeler, Chair ATTEST: Paul McIntosh, Chief Administrative Officer and Clerk of the Board of Supervisors By: MINUTES PAGE 23 JUNE 10, 2003