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HomeMy WebLinkAboutM062403BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 24, 2003 Called to Order at 9:06 a.m. in the Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Dolan, Houx, Josiassen (9:31 a.m.), 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. CHAIR BEELER EXPRESSED THE BOARD'S SADNESS AT THE PASSING OF JACK MCKILLUP, FORMER DISTRICT 1 SUPERVISOR AND FORMER CHAIR OF THE BOARD. Invocation - Liana Fernandez, Spiritual Leader, Unity Of Oroville. CORRECTIONS AND~OR CHANGES TO THE AGENDA (17 9) CONSENT AGENDA 03-172 1. Unclaimed Property Tax Refunds - Revenue and Taxation Code Sections 5096-5108 provide legal authority and direction regarding property tax refunds. Section 5102 specifically addresses unclaimed amounts and allows for a transfer of these amounts to the County General Fund. The Auditor- Controller has verified unclaimed refunds which meet the requirements prescribed by Revenue and Taxation Code Sections 5096-5108, and is requesting Board approval to transfer those funds to the County General Fund - action requested - AUTHORIZE THE UNCLAIMED AMOUNTS TRANSFERRED TO THE COUNTY GENERAL FUND AS DETAILED IN THE AGENDA REPORT. 2. MEGABYTE SYSTEMS INC. - approval is requested for an agreement with MEGABYTE SYSTEMS INC., for computer system maintenance services for the County's property tax system. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $7,987.68 per month (38o Assessor budget/32o Auditor-Controller budget/30o Tax Collector budget). Board approval is also requested for the sole source award of the agreement. MEGABYTE SYSTEMS INC., was the original manufacturer-provider of the system and their expertise is required to maintain the system - action requested - APPROVE SOLE SOURCE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14174) 3. Richard H. Svihus, M.D. - Amendment - approval is requested for an amendment to the agreement with Richard H. Svihus, M.D., for the provision of medical services in the specialized field of Psychiatry. The amendment decreases the maximum amount payable by $21,250 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. X11297) MINUTES PacE 1 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JUNE 24, 2003 03-172 4. Francis P. McDermott, Jr., M.D. - Amendment - approval is requested for an amendment to the agreement with Francis P. McDermott, Jr., M.D., for the provision of medical services in the specialized field of Psychiatry. The amendment decreases the maximum amount payable by $4,680 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. X11339) 5. Kevin W. Chan, M.D. - Amendment - approval is requested for an amendment to the agreement with Kevin W. Chan, M.D., for the provision of medical services in the specialized field of Psychiatry. The amendment decreases the maximum amount payable by $20,300 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. X13514) 6. Harvey Tullin, M.D. - approval is requested for an agreement with Harvey Tullin, M.D., for the provision of medical services in the specialized field of Psychiatry. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $81,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 7. Thomas Lancaster, M.D. - approval is requested for an agreement with Thomas Lancaster, M.D., for the provision of medical services in the specialized field of Psychiatry. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $129,400 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 8. Gene Desautels/Urgent Medical Clinic - Board approval is requested for an agreement with Gene Desautels, Medical Director of Urgent Medical Clinic, for the provision of health history and physical examinations for clients in the Psychiatric Health Facility. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $91,800 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X14222) MINUTES PacE 2 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 24, 2003 03-172 9. Willow Glen Care Center - Amendment - approval is requested for an amendment to the agreement with Willow Glen Care Center for the provision of day rehabilitation services for referred clients. The amendment decreases the maximum amount payable by $20,000 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. X13559) 10. Youth For Change - Amendment - approval is requested for an amendment to the agreement with Youth For Change for the provision of speciality mental health services, day rehabilitation programs, and medication support services for referred clients receiving Medi-Cal benefits. The amendment decreases the maximum amount payable by $67, 989.70 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. X13782) 11. Skyway House - Amendment - approval is requested for an amendment to the agreement with Skyway House for the provision of day rehabilitation services and long-term residential recovery services. The amendment increases the maximum amount payable by $5,492.70 (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. (Contract No. X13629) 12. Merced Manor - Amendment - approval is requested for an amendment to the agreement with Merced Manor for the provision of community mental health services. The amendment decreases the maximum amount payable by $10, 158.12 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. X13666) 13. State of California, Department of Mental Health - approval is requested for a performance agreement with the State of California, Department of Mental Health, for the provision of hospital services in State facilities to the acutely mentally ill. The term of the agreement is July 1, 2002, through June 30, 2003. There is no cost associated with the performance agreement - action requested - ADOPT RESOLUTION 03-103 AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MINUTES PacE 3 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 24, 2003 03-172 14. Crestwood Behavioral Health, Inc. - Amendment - approval is requested for an amendment to the agreement with Crestwood Behavioral Health, Inc., for the provision of Institutions for Mental Disease services, Mental Health Rehabilitation Center services, and Enhancement services. The amendment decreases the maximum amount payable by $51,306.97 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. X11075) 15. Northern Valley Catholic Social Services - Amendment - approval is requested for an amendment to the agreement with Northern Valley Catholic Social Services for the provision of mental health services to children receiving Medi-Cal benefits. The amendment decreases the maximum amount payable by $47,770.85. 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. X13626) 16. Children's System of Care - Fixed Asset Increase - approval is requested to increase the amount approved for the fixed asset purchase of a four-wheel drive vehicle for the Children's System of Care Program by $1,335. A transfer of department funds will provide the needed funding - action requested - APPROVE $1,335 INCREASE TO FIXED ASSET PURCHASE OF FOUR-WHEEL DRIVE VEHICLE TO BE USED IN THE CHILDREN'S SYSTEM OF CARE PROGRAM; AND APPROVE BUDGET TRANSFER B-548 (4/5 vote required). 17. Tri-County Treatment - Amendment C - approval is requested for an amendment to the agreement with Tri-County Treatment for the provision of short-term residential recovery services. The amendment increases the maximum amount payable by $22,960 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13766) 18. Tri-County Treatment - Amendment D - approval is requested for an amendment to the agreement with Tri-County Treatment for the provision of short-term residential recovery services. The amendment increases the maximum amount payable by $8,610 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13766) MINUTES PacE 4 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JUNE 24, 2003 03-172 19. 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 Parent Partner services. The amendment decreases the maximum amount payable by $30,000.28. 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. X13677) 20. 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 specialized mental health services to children receiving Medi-Cal benefits. The amendment decreases the maximum amount payable by $194,274.60. 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. X13571) 21. State of California, Department of Alcohol and Drug Programs - Butte Youth Now Collaborative Grant Agreement - approval is requested for a revenue agreement with the State of California, Department of Alcohol and Drug Programs, for grant funds to implement a Butte Youth Now Collaborative Program. The term of the grant is January 1, 2003, through December 31, 2005, and provides the County with $600, 000 over the term of the grant - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40541) 22. Butte County Department of Public Health/Butte County Department of Behavioral Health - Memorandum of Understanding - approval is requested for a Memorandum of Understanding with the Public Health Department for funds to support the Tobacco Cessation Program for fiscal year 2003- 2004. The term of the agreement is July 1, 2003, through June 30, 2004, and provides $50,000 (department budget) to the Public Health Department for education and cessation activities - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X14227) 23. Accept Vehicle - approval is requested to accept a 1993 Ford van utilized by Enloe Hospital as part of the Chico Adult Outpatient Program. The County provided for the purchase of the van under a contract for the program. The vehicle is no longer of use to Enloe and ownership will be transferred to the County - action requested - PURSUANT TO GOVERNMENT CODE SECTION 25355, ACCEPT FIXED ASSET VAN FOR THE BEHAVIORAL HEALTH DEPARTMENT. MINUTES PacE 5 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 24, 2003 03-172 24. Michael J. Crump - Employment Agreement Amendment - approval is requested for an amendment to the employment agreement with Michael J. Crump as Director-Public Works. The amendment extends the term of the agreement to August 27, 2004, and provides for a cellular phone allowance of $70 a month. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY THE AUDITOR- CONTROLLER. 25. Phyllis Murdock - Employment Agreement - approval is requested for an employment agreement with Phyllis Murdock as Director-Public Health. The term of the agreement is July 7, 2003, through July 6, 2006, with a salary rate of $100,000 a year, a vehicle allowance of $520 a month, and a cellular phone allowance of $70 a month - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 26. Superior Court of California, County of Butte - Services Agreement - approval is requested for an agreement with the Superior Court of California, County of Butte, which covers services between the County and the Court. The term of the agreement is July 1, 2003, though June 30, 2004. The Court will pay the County an established rate for each service used, based on the actual cost of the service provided - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 27. Accept Unanticipated Revenue - approval is requested to accept and appropriate $25,455 received from the Department of Employment and Social Services to support Child Support Disregards Processing for fiscal year 2002-2003, pursuant to a Plan of Cooperation between Child Support Services and Employment and Social Services - action requested - APPROVE BUDGET TRANSFER B-543 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT . 28. Vehicle Sales Revenue - approval is requested to accept and appropriate $19,367 received from the Butte County District Attorney's Office for the purchase of three of the department's vehicles - action requested - APPROVE BUDGET TRANSFER B-538 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT . 29. Ratify Purchase of Card Lock System - approval is requested to ratify the purchase of a Card Lock System in the amount of $4,993.63 (department budget). Security issues required the acquisition of a new entry system before the matter could be approved by the Board - action requested - RATIFY PURCHASE OF CARD LOCK SYSTEM. MINUTES PacE 6 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JUNE 24, 2003 03-172 30. A.D.I. Investigative Services - Amendment - approval is requested for an amendment to the agreement with A.D.I. Investigative Services for Process Service services. The amendment increases the maximum amount payable by $7,000 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13579) 31. Gregory P. Einhorn - Amendment - approval is requested for an amendment to the agreement with Gregory P. Einhorn for the provision of specialized attorney services. The amendment increases the hourly compensation rate by $10, and revises the travel expense reimbursement rate to $0.36 per mile (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 THE AUDITOR- CONTROLLER. 32. Budget Transfer - approval is requested for a transfer of $12,060 of department funds between line items to provide the appropriation needed for remodeling costs - action requested - APPROVE BUDGET TRANSFER B-546. 33. Fixed Asset Purchase and Budget Transfer - approval is requested to purchase the equipment necessary to complete the conversion of a van for specialized use. The equipment will include a double ladder rack, four internal cameras, a remote control for a radio, and the installation fees for the equipment. Board approval is also requested to transfer $4,500 of department funds between line items to provide for the purchase - action requested - APPROVE PURCHASE OF FIXED ASSET EQUIPMENT IN THE ESTIMATED AMOUNT OF $4,500; AND APPROVE BUDGET TRANSFER B-539. 34. Butte County Public Health - Memorandum of Understanding - approval is requested for a Memorandum of Understanding between the Department of Employment and Social Services- Public Guardian and the Public Health Department for the provision of Public Guardian services as part of the Targeted Case Management Services for Medi-Cal eligible participants. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable from Public Health to Employment and Social Services of $100,000. The Department of Employment and Social Services included $60,000 of the revenue in their fiscal year 2002-2003 budget, and Board approval is also requested to accept and appropriate the additional $40,000 - 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-540 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. (Companion Agenda Item 51.) MINUTES PacE 7 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS 03-172 35. Courthouse Expansion Project - Unanticipated Revenue - approval is requested to accept and appropriate $27,000 received from the Superior Court of California, County of Butte, to provide an appropriation for construction costs associated with the courthouse expansion - action requested - APPROVE BUDGET TRANSFER B-537 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 36. Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: HUMAN RESOURCES - deletes one flexibly staffed position of Office Assistant II/I, and adds one flexibly staffed position of Office Assistant III/II/I. DISTRICT ATTORNEY-CRIMINAL - extends the sunset dates for the following positions from June 30, 2003, to June 30, 2004: two positions of District Attorney Investigator II/I, one position of Deputy District Attorney IV/III/II/I, and one position of Paralegal. Extends the sunset dates of the following positions from June 30, 2003, to September 30, 2003: two and one-half positions of District Attorney Investigator II/I, one position of Deputy District Attorney IV/III/II/I, one position of Mental Health Counselor, one position of Investigative Assistant, and one position of Legal Typist Clerk. Revises the sunset date of one flexibly staffed position of Office Assistant III/II/I from June 30, 2005, to June 30, 2004, and extends the sunset date for one position of Paralegal from June 30, 2003, to December 31, 2003. SHERIFF-CORONER-SERVICES - extends the position end dates for one term position of Deputy Sheriff and one flexibly staffed sunset position of Sheriff's Clerk II/I from June 30, 2003, to June 30, 2004. SHERIFF- CORONER-SPECIAL ENFORCEMENT UNIT - extends the sunset date for one position of Deputy Sheriff from June 30, 2003, to June 30, 2004. PROBATION-JUVENILE HALL - extends the sunset date for one position of Supervisor-Juvenile Hall from June 30, 2003, to October 31, 2003. PROBATION - extends the sunset dates of the following positions from June 30, 2003, to June 30, 2004: one position of Supervising Probation Officer, two positions of Probation Officer III/II/I, two positions of Probation Technician, one position of Auditor- Accountant II/I, and one position of Office Assistant III/II/I. Extends the sunset date of one flexibly staffed position of Probation Officer III/II/I from June 30, 2003, to September 30, 2003. Deletes one three-quarter time flexibly staffed sunset position of Office Assistant III/II/I (sunset date of June 30, 2003), and adds one flexibly staffed sunset position of Office Assistant III/II/I (sunset date of September 30, 2003). MINUTES -JUNE 24, 2003 (Continued on Page 9) MINUTES PAGE 8 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 24, 2003 03-172 36. WATER AND RESOURCE CONSERVATION - adds one position of Manager-Program Resource and Development, effective July 1, 2003. LOCAL AGENCY FORMATION COMMISSION - deletes one position of Senior Planner, and adds one flexibly staffed position of Principal Planner/Senior Planner. BEHAVIORAL HEALTH-GENERAL SERVICES - adds one position of Senior Psychiatric Technician and one flexibly staffed position of Senior Mental Health Counselor/Mental Health Counselor/Mental Health Worker. LIBRARY-LITERACY GRANT - extends the sunset date for one three-quarter time position of Library Assistant III from June 30, 2003, to September 30, 2003, and extends the sunset date for one position of Library Assistant II from June 30, 2003, to June 30, 2004. SALARY PLAN FOR CLASSIFIED POSITIONS-MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT CLASSIFICATIONS - sets the salary rate for the Assistant Director positions in the Departments of Employment and Social Services and Behavioral Health at 200 below the department head - action requested - ADOPT RESOLUTION 03-104 AND AUTHORIZE THE CHAIR TO SIGN. 37. Budget Transfer - approval is requested for a transfer of department funds in the amount of $8,000 to provide an appropriation to fund electrical engineering consulting costs for electrical improvements to the building located at 1 County Center Drive - action requested - APPROVE BUDGET TRANSFER B-547. 38. Budget Transfer for Purchases - Communications Division - approval is requested to transfer funds from the ISF Equipment Replacement Fund into the Communications Division budget to provide the appropriation needed to purchase equipment approved in the fiscal year 2002-2003 budget - action requested - APPROVE BUDGET TRANSFER B-545 APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. 39. Library Donations - pursuant to Government Code Section 25355, donations of $2,110.50 from the Oroville Friends of the Library, $2,000 from the Chico Friends of the Library, $1,000 from the Paradise Friends of the Library, $500 from Sid McBride of Oroville, and $100 from Marge Holmes of Oroville, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 40. Operating Expenses Donations - pursuant to Government Code Section 25355, donations of $1,160 from the Paradise Friends of the Library, and $1,860 from the Gridley Friends of the Library, have been received to fund extra help staff support hours - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION; AND APPROVE BUDGET TRANSFER B-541 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. MINUTES PacE 9 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 24, 2003 03-172 41. Office of Criminal Justice Planning - Anti-Drug Abuse Enforcement Program - approval is requested to apply to the Office of Criminal Justice Planning for $279, 941 in grant funds to support an Anti-Drug Abuse Enforcement Program. The grant does not require a County match, but program costs have exceeded the grant amounts in previous years. Costs above the grant amount are funded by the departments involved in the program (Probation, Sheriff, District Attorney, city police) - action requested - ADOPT RESOLUTION 03-105 AUTHORIZING SUBMISSION OF THE GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHIEF PROBATION OFFICER TO SIGN DOCUMENTS RELATED TO THE GRANT. 42. California Victim Compensation and Government Claims Board - Additional Allocation - approval is requested to accept a $10,400 increase to the California Victim Compensation and Government Claims Board allocation for fiscal year 2003- 2004 - action requested - ADOPT RESOLUTION 03-106 APPROVING SUBMISSION OF DOCUMENTS FOR THE ADDITIONAL ALLOCATION AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHIEF PROBATION OFFICER TO SIGN ALL RELATED AGREEMENT DOCUMENTS. 43. Memorial Garden Donation - pursuant to Government Code Section 25355, a donation of $100 was received from Nancy A. Morgans-Ferguson, in memory of the late Andy Bushard, for the new Crime Victim's Memorial Garden - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION; AND APPROVE BUDGET TRANSFER B-544 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 44. Rapidtext, Inc. - Amendment - approval is requested for an amendment to the agreement with Rapidtext, Inc., for the provision of transcription services. The amendment extends the term of the agreement through June 30, 2004, and increases the maximum amount payable by $50,000 (department budget) for fiscal year 2003-2004. 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. X13973) 45. Ray Bowen - Amendment - approval is requested for an amendment to a lease agreement with Ray Bowen for the property located at 585 Manzanita Avenue, Chico. The amendment extends the term of the agreement through June 30, 2004, and increases the maximum amount payable by $16,689.24 (department budget) for fiscal year 2003-2004 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11417) MINUTES PacE to JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 24, 2003 03-172 46. Multi-agency Juvenile Justice Plan - Provider Amendments - approval is requested for amendments to the various agreements with Community Based Organizations providing services under the department's Multi-agency Juvenile Justice Plan. All amendments extend the terms of the agreements through June 30, 2004, and increase the maximum amounts payable for fiscal year 2003-2004 as follows: Boys and Girls Club of the North Valley ($211,432); Feather River Tribal Health, Inc. ($34,000); Northern Valley Parent Education Network ($211,432); Paradise Unified School District ($59,000); Gary Bess Associates ($48,115); and Superior Court of California, County of Butte ($30,000). The amendment with the Superior Court also includes a reduction of the maximum amount payable for fiscal year 2002-2003 by $10,000. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENTS (6) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract Nos. X13234, X13237, X13238, X13235, X13286 and X13236) 47. American Lung Association and Butte County Office of Education - approval is requested for service agreements with the American Lung Association and the Butte County Office of Education for the provision of tobacco education and smoking cessation activities. The terms of both agreements are July 1, 2003, through June 30, 2004. The maximum amount payable to the American Lung Association is $79,000 (department budget), and the maximum amount payable to the Butte County Office of Education is $61,000 (department budget) - action requested - APPROVE AGREEMENTS (2) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 48. Preparedness and Response to Bioterrorism Project - Certification - approval is requested for a Certification Against Supplanting Form, required as part of the grant received from the State Department of Health Services for funds to support the Preparedness and Response to Bioterrorism Project - action requested - APPROVE FORM AND AUTHORIZE THE CHAIR TO SIGN. 49. MEDI.Inc (Medi.com) - Addendum - approval is requested for an amendment to the agreement with MEDI.Inc (Medi.com) for the provision of electronic billing and audit services for conformance to Medi-Cal, Medicare, and other regulations. The amendment increases the maximum amount payable by $20,000 (department budget) for fiscal year 2002-2003, extends the term of the agreement through June 30, 2004, and sets the maximum amount payable for fiscal year 2003-2004 at $90,000 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MINUTES PacE 11 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 24, 2003 03-172 50. Redwood Toxicology, Inc. - approval is requested for an agreement with Redwood Toxicology, Inc., for the provision of drug testing services. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $35,000. The costs associated with the drug testing program are charged to the departments and companies utilizing the services - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 51. Butte County Department of Employment and Social Services- Public Guardian - Memorandum of Understanding - approval is requested for a Memorandum of Understanding between the Public Health Department and the Department of Employment and Social Services-Public Guardian, for the provision of Public Guardian services as part of the Targeted Case Management Services for Medi-Cal eligible participants. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable from Public Health to Employment and Social Services of $100,000. The department initially set the agreement amount at $60,000 and subsequently increased the amount by $40,000 and Board approval is requested for the budget transfer and allocation adjustments needed to provide the funds for the increase - 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-540 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. (Companion Agenda Item 34.) 52. State of California-Department of Transportation/Butte County Association of Governments - Cooperative Agreement - approval is requested for a cooperative agreement with the State of California-Department of Transportation, and the Butte County Association of Governments for interchange improvements on State Route 99 at Durham-Pentz Road. Under the proposed agreement the State will prepare the plans and specifications, and construct the project. The Butte County Association of Governments will agree to grant to the State the regional share of Congestion Mitigation and Air Quality funds and State Transportation Improvement Program/Regional Improvement Program funds for the project, and the County will pay the State 500 of the annual costs for maintenance and electrical energy for the traffic control signals, beacons and safety lighting - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MINUTES PacE 12 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 24, 2003 03-172 53. Cooperative Funding Agreement - Butte County Transit - approval is requested for a Cooperative Funding Agreement with the Cities of Biggs, Chico, Gridley, Oroville and the Town of Paradise for Butte County Transit services. The term of the agreement is July 1, 2002, through June 30, 2007, and provides for each agency to contribute to the annual operating and capital costs of Butte County Transit based on a funding formula of population and proportional service hours - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14039) 54. Reconstruction of West East Avenue from State Route 32 to the Chico City Limits - County Project No. 56171-96-1 - the project consists of roadway rehabilitation of the at-grade railroad crossing and major sections of the existing pavement, widening of the pavement section and installation of curb, gutter, sidewalk improvements and storm drainage improvements to provide a full four-lane roadway - action requested - APPROVE PROJECT PLANS AND SPECIFICATIONS; ADOPT WAGE SCALE; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS; AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PROJECT PLANS. 55. Reconstruction of Holland Avenue from Faber Street to Durham- Dayton Highway - County Project No. 42253-01-1 - the project consists of construction of curb, gutter and sidewalk improvements and installation of a storm drain that will connect to a leach trench facility to be constructed along the west side of Holland Avenue, from Faber Street to Florida Lane - action requested - APPROVE PROJECT PLANS AND SPECIFICATIONS; ADOPT WAGE SCALE; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS; AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PROJECT PLANS. 56. Sheriff's Team of Active Retired Seniors - United States Department of Justice Grant Application - approval is requested for a grant application to the Department of Justice for $45,196 to support the Sheriff's Team of Active Retired Seniors (S.T.A.R.S.) program. The funds will be utilized for equipment, training and recruiting. No County match is required for the grant - action requested - APPROVE SUBMISSION OF GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PacE 13 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 24, 2003 03-172 57. Budget Transfer and Equipment Purchase - approval is requested to transfer $24,500 of state and federal asset seizure trust funds to the department's Special Enforcement Unit budget to provide the appropriation needed to purchase equipment for the department's Special Enforcement Unit, Aviation Unit and Felony Investigations Unit as listed in the agenda report. Fixed asset approval is requested for the purchase of a cyanoacrylate filtered fuming chamber in the amount of $7, 300 - action requested - APPROVE BUDGET TRANSFER B-549 (4/5 vote required) ACCEPTING AND APPROPRIATING TRUST FUND REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF FILTERED FUMING CHAMBER IN THE ESTIMATED AMOUNT OF $7,300. 58. Columbia Ultimate Business Systems, Inc. - Amendment - approval is requested for an amendment to the agreement with Columbia Ultimate Business Systems, Inc., for the provision of software licensing and support for the department's computer system. The amendment extends the term of the agreement through June 30, 2004, and sets the maximum amount payable for fiscal year 2003-2004 at $13,377.24 (department budget). Board approval is also requested for the sole source award of the agreement. Columbia Ultimate Business Systems, Inc., was the original manufacturer-provider of the system and their expertise is required to maintain the system - action requested - APPROVE SOLE SOURCE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10316) 59. Immedia - Amendment - approval is requested for an amendment to the agreement with Immedia (a division of Columbia Ultimate) for the provision of a billing and letter system for the Central Collections Division. The amendment extends the term of the agreement through June 30, 2004, and sets the maximum amount payable for fiscal year 2003-2004 at $20,000 (department budget). Board approval is also requested for the sole source award of the agreement. Immedia (Columbia Ultimate) was the original manufacturer-provider of the system and their expertise is required to maintain the system - action requested - APPROVE SOLE SOURCE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10088) 60. Monthly Investment Report - submitted is the Monthly Investment Report dated May 30, 2003, in accordance with the Statement of Investment Policy dated July 1, 2002 - action requested - ACCEPT FOR INFORMATION. MINUTES PacE 14 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JUNE 24, 2003 03-172 61. Adoption 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 - ADOPT ORDINANCE 3853 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 6-10-03 [3.68]) (186) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED. M S VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Motion Carried) REGULAR AGENDA 03-173 Appointments to Boards, Commissions and Committees. (200) 1. Appointments to Listed Vacancies. (NONE) 03-174 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. (206) PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, PROVIDED THE BOARD WITH AN UPDATE ON THE STATUS OF THE STATE BUDGET. 1. Rollover of Current Year Budget as Proposed Budget for Fiscal Year 2003-2004 - consideration of accepting the Fiscal Year 2002-2003 Final Budget as the Fiscal Year 2003-2004 Proposed Budget, and consideration of a resolution to encourage the timely adoption of a balanced budget by the State of California - action requested - ACCEPT THE FISCAL YEAR 2002- 2003 ADOPTED BUDGET AS BUTTE COUNTY'S PROPOSED BUDGET FOR FISCAL YEAR 2003-2004; AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Item revised by Supplemental Agenda) MOTION: I MOVE TO ACCEPT THE FISCAL YEAR 2002-2003 ADOPTED BUDGET AS BUTTE COUNTY'S PROPOSED BUDGET FOR FISCAL YEAR 2003-2004; AND ADOPT RESOLUTION 03-107 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Motion Carried) 03-175 Letter of Support for Family Water Alliance Small Diversion Fish Screen Program - consideration of a letter of support for a program that helps protect endangered fish species and provides assurance of a continued supply of water for agriculture - action requested - APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. (600) MOTION: VOTE MINUTES PAGE 15 JUNE 24, 2003 I MOVE TO APPROVE THE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. S M 1 Y 2 Y 3 Y 4 NP 5 Y (Motion Carried) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JUNE 24, 2003 03-176 Resolution and Declaration of Unity and Mutual Support - Board discussion and consideration of a resolution and declaration of unity and mutual support regarding the Lake Oroville Relicensing Project - action requested - APPROVE RESOLUTION AND DECLARATION AND AUTHORIZE THE CHAIR TO SIGN. (638) MOTION: I MOVE TO APPROVE THE RESOLUTION AND DECLARATION AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Motion Carried) 03-177 Loan Request for County Service Area No. 82 - Stirling City Sewer - consideration of a loan of $5,500 from the County Service Area Revolving Loan Fund to provide for unanticipated expenses resulting from emergency repairs - action requested - ADOPT RESOLUTION APPROVING LOAN AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-542 (4/5 vote required). (740) MOTION: I MOVE TO ADOPT RESOLUTION 03-108 APPROVING THE LOAN AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-542. S M VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Motion Carried) 03-178 Items Removed from the Consent Agenda for Board Consideration and Action. (786) (NONE) CLOSED SESSION 03-179 RECESS: THE BOARD RECESSED AT 9:31 A.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) 1. ROGERS V. BUTTE COUNTY (SUPERIOR COURT CASE NO. 127210); 2. NEIGHBORS V. BUTTE COUNTY (SUPERIOR COURT CASE NO. 126947); 3. STATE OF CALIFORNIA V. BUTTE COUNTY (SUPERIOR COURT CASE NO. 127914). PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER; 2. DIRECTOR- BEHAVIORAL HEALTH; 3. CHIEF ADMINISTRATIVE OFFICER; 4. CHIEF PROBATION OFFICER; 5. DIRECTOR-CHILD SUPPORT SERVICES; 6. COUNTY COUNSEL; 7. DIRECTOR-DEVELOPMENT SERVICES; 8. DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES; 9. DIRECTOR-HUMAN RESOURCES; 10. DIRECTOR-INFORMATION SYSTEMS; 11. DIRECTOR-LIBRARIES; 12. DIRECTOR-PUBLIC WORKS; AND 13. DIRECTOR-WATER AND RESOURCE CONSERVATION. (800) SUPERVISOR JOSIASSEN PRESENT. MINUTES PAGE 16 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 24, 2003 CLOSED SESSION 03-179 RECONVENE: THE BOARD RECONVENED AT 10:39 A.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) 1. ROGERS V. BUTTE COUNTY (SUPERIOR COURT CASE NO. 127210); 2. NEIGHBORS V. BUTTE COUNTY (SUPERIOR COURT CASE NO. 126947); 3. STATE OF CALIFORNIA V. BUTTE COUNTY (SUPERIOR COURT CASE NO. 127914). PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER; 2. DIRECTOR- BEHAVIORAL HEALTH; 3. CHIEF ADMINISTRATIVE OFFICER; 4. CHIEF PROBATION OFFICER; 5. DIRECTOR-CHILD SUPPORT SERVICES; 6. COUNTY COUNSEL; 7. DIRECTOR-DEVELOPMENT SERVICES; 8. DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES; 9. DIRECTOR-HUMAN RESOURCES; 10. DIRECTOR-INFORMATION SYSTEMS; 11. DIRECTOR-LIBRARIES; 12. DIRECTOR-PUBLIC WORKS; AND 13. DIRECTOR-WATER AND RESOURCE CONSERVATION. (841) (NO ANNOUNCEMENTS) PUBLIC HEARINGS AND TIMED ITEMS 03-180 Public Hearing - Booking Fees - Presentations and Protests - pursuant to Butte County Code Section 36-5.3, a public hearing will be held to accept written objections, and/or oral or written presentations regarding the proposed ordinance amending Section 36-5.1a and Section 36-5.2 of the Butte County Code regarding certain increased costs chargeable by the Butte County Jail for booking or detention of persons arrested by cities, special districts, school districts, community college districts, colleges or universities. Following the close of this public hearing, the Board of Supervisors shall make findings and determinations on the report and on each written objection received, and shall determine the amount of the fee which may be imposed for the booking or other processing of persons brought to the county jail for booking or detention - action requested - OPEN PUBLIC HEARING; REQUEST WRITTEN OBJECTIONS AND/OR ORAL OR WRITTEN PRESENTATIONS REGARDING PROPOSED FEE INCREASE; CLOSE PUBLIC HEARING; MAKE FINDINGS AND DETERMINATIONS ON REPORT AND ANY WRITTEN OBJECTIONS RECEIVED; AND DETERMINE AMOUNT OF FEE TO BE IMPOSED. (FROM 6-10-03 [3.65]) (847) PUBLIC HEARING OPENED AT 10:58 A.M. BRUCE HAGERTY, CHIEF, CHICO POLICE DEPARTMENT, SUBMITTED A WRITTEN OBJECTION. MITCH BROWN, CHIEF, OROVILLE POLICE DEPARTMENT, SUBMITTED AN ORAL OBJECTION. PUBLIC HEARING RECESSED OPEN AT 11:19 A.M. TO ALLOW ADDITIONAL DISCUSSIONS TO TAKE PLACE BETWEEN STAFF AND THE VARIOUS POLICE CHIEFS REGARDING THE PROPOSED INCREASE. HEARING TO RECONVENE LATER IN THE DAY. MINUTES PacE 17 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 24, 2003 03-181 Public Hearing - Richard Cochrane - Tentative Parcel Map - Appeal - consideration of an appeal of the Development Review Committee's denial of a Request for Exception on a Tentative Parcel Map to divide a 184.15± acre parcel into five parcels: 20.16± acres (Parcel 4); 25.92 acres (Parcel 3); 37.07 acres (Parcel 1), and 58.36 acres (Parcel 2), with a Remainder Parcel of 42.64 acres. This is a project on which notice of intent to adopt a mitigated negative declaration with regard to environmental impacts has been given. Sewage disposal would be handed by individual, on-site septic systems. and domestic water obtained from individual, on-site wells. The Remainder Parcel fronts on Durham Pentz Road, and Parcels 3 and 4 front on Cassandra Drive. Access to Parcels 1 and 2 would be via a proposed 50-foot wide road easement from Durham Pentz Road that crosses the Remainder Parcel. The property is zoned "U" (Unclassified) and is located on the south side of Durham Pentz Road, approximately 1 mile east of Clark Road (SR191), at 4196 Durham Pentz Road, and west of, and adjacent to, Cassandra Drive, approximately 0.6 miles south of Durham Pentz Road, in the Butte Valley area, and identified as APN 041-120-120 (SB [T PM 02-18]) - action requested: A. STAFF RECOMMENDS THE BOARD DENY THE APPEAL TO THE EXCEPTION REQUEST TO BUTTE COUNTY CODE SECTION 20-133. B. SHOULD THE BOARD CHOOSE TO APPROVE THE APPEAL, STAFF RECOMMENDS THE BOARD MAKE A MOTION OF INTENT TO APPROVE THE APPEAL AND DIRECT STAFF TO PREPARE FINDINGS TO SUPPORT APPROVAL OF THE APPEAL, AND REVISE SEVERAL MITIGATION MEASURES AND CONDITIONS OF APPROVAL. (2412) PUBLIC HEARING OPENED AT 11:26 A.M., AND CONTINUED OPEN TO JULY 22, 2003, AT 10:30 A.M., TO ALLOW STAFF ADDITIONAL TIME TO REVIEW THE RECORD OF THIS MATTER TO ADDRESS THE EXISTING CIRCUMSTANCE ON CASSANDRA DRIVE THAT HAS ALLOWED MORE THAN 20 PARCELS ON A CUL-DE-SAC, AND TO DETERMINE IF THERE IS EVIDENCE IN THE RECORD TO SUPPORT THE FINDINGS NECESSARY TO APPROVE THE APPEAL. MINUTES PacE 18 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 24, 2003 03-182 Public Hearing - Steve Schuster - Tentative Subdivision Map (Sierra Moon Subdivision) - Appeal - consideration of appeals of the Development Review Committee's approval of a Tentative Subdivision Map to create 119 single family residential parcels in accordance with a previously approved Planned Unit Development and Development Agreement. The property is 300 acres total in size. The 119 residential parcels would be clustered in the southwest and northwest portion of the 229 acre area that is the subject of the Development Agreement and Planned Unit Development. An 89- acre Remainder Parcel is also proposed. The proposed single- family residential lots would range in size from one-third of an acre to over one acre in size, with half-acre lots being the predominant size. In accordance with the Development Agreement, traffic circulation would be accomplished by subdivision road connections to Hicks Lane at two locations on the east side of the property, and Spyglass Road and Guntren Road on the west side of the property. In accordance with the Development Agreement, a total of 103 acres of open space shall be retained along Hicks Road and Mud Creek, and a total of approximately 32 acres of open space shall be retained along Keefer Slough and north of Mud Creek. Drainage and storm water run-off would be directed into three on-site retention basins. Sewage disposal would be accomplished by a community sewage disposal system to be located on the 103-acre open space parcel. Domestic and fire flow water supplies would be accomplished through a community water system. 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 SR-1/PD (Suburban Residential-1 acre parcels/Planned Development); OS/PD (Open Space/Planned Development) and is located north of Chico and west of the Chico Airport, on the west side of Hicks Lane, approximately 3,000 feet south of Keefer Road in the North Chico Specific Plan area, and identified as APN 047-710-001. (DB [TSM 03-01]) - action requested - STAFF RECOMMENDS THE BOARD OPEN THE PUBLIC HEARING AND CONTINUE THE HEARING OPEN TO A LATER DATE. (3503) (**00) PUBLIC HEARING OPENED AT 11:44 A.M., AND CONTINUED OPEN TO JULY 8, 2003, AT 10:35 A.M., TO ALLOW STAFF ADDITIONAL TIME TO COMPLETE THE STAFF REPORT FOR THIS ITEM. MINUTES PAGE 19 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JUNE 24, 2003 CLOSED SESSION 03-183 RECESS: THE BOARD RECESSED AT 12:34 P.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) 1. ROGERS V. BUTTE COUNTY (SUPERIOR COURT CASE NO. 127210); 2. NEIGHBORS V. BUTTE COUNTY (SUPERIOR COURT CASE NO. 126947); 3. STATE OF CALIFORNIA V. BUTTE COUNTY (SUPERIOR COURT CASE NO. 127914). PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER; 2. DIRECTOR- BEHAVIORAL HEALTH; 3. CHIEF ADMINISTRATIVE OFFICER; 4. CHIEF PROBATION OFFICER; 5. DIRECTOR-CHILD SUPPORT SERVICES; 6. COUNTY COUNSEL; 7. DIRECTOR-DEVELOPMENT SERVICES; 8. DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES; 9. DIRECTOR-HUMAN RESOURCES; 10. DIRECTOR-INFORMATION SYSTEMS; 11. DIRECTOR-LIBRARIES; 12. DIRECTOR-PUBLIC WORKS; AND 13. DIRECTOR-WATER AND RESOURCE CONSERVATION. (**1668) RECONVENE: THE BOARD RECONVENED AT 1:32 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) 1. ROGERS V. BUTTE COUNTY (SUPERIOR COURT CASE NO. 127210); 2. NEIGHBORS V. BUTTE COUNTY (SUPERIOR COURT CASE NO. 126947); 3. STATE OF CALIFORNIA V. BUTTE COUNTY (SUPERIOR COURT CASE NO. 127914). PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER; 2. DIRECTOR- BEHAVIORAL HEALTH; 3. CHIEF ADMINISTRATIVE OFFICER; 4. CHIEF PROBATION OFFICER; 5. DIRECTOR-CHILD SUPPORT SERVICES; 6. COUNTY COUNSEL; 7. DIRECTOR-DEVELOPMENT SERVICES; 8. DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES; 9. DIRECTOR-HUMAN RESOURCES; 10. DIRECTOR-INFORMATION SYSTEMS; 11. DIRECTOR-LIBRARIES; 12. DIRECTOR-PUBLIC WORKS; AND 13. DIRECTOR-WATER AND RESOURCE CONSERVATION. (**1700) (NO ANNOUNCEMENTS) MINUTES PacE 20 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 24, 2003 PUBLIC HEARINGS AND TIMED ITEMS 03-184 Recessed Public Hearing - Booking Fees - Presentations and Protests - pursuant to Butte County Code Section 36-5.3, a public hearing will be held to accept written objections, and/or oral or written presentations regarding the proposed ordinance amending Section 36-5.1a and Section 36-5.2 of the Butte County Code regarding certain increased costs chargeable by the Butte County Jail for booking or detention of persons arrested by cities, special districts, school districts, community college districts, colleges or universities. Following the close of this public hearing, the Board of Supervisors shall make findings and determinations on the report and on each written objection received, and shall determine the amount of the fee which may be imposed for the booking or other processing of persons brought to the county jail for booking or detention - action requested - OPEN PUBLIC HEARING; REQUEST WRITTEN OBJECTIONS AND/OR ORAL OR WRITTEN PRESENTATIONS REGARDING PROPOSED FEE INCREASE; CLOSE PUBLIC HEARING; MAKE FINDINGS AND DETERMINATIONS ON REPORT AND ANY WRITTEN OBJECTIONS RECEIVED; AND DETERMINE AMOUNT OF FEE TO BE IMPOSED. (FROM 6-10-03 [3.65]) (**1700) PUBLIC HEARING RECONVENED: 1:32 P.M. PUBLIC HEARING CLOSED: 1:34 P.M. STAFF REACHED AN AGREEMENT WITH THE POLICE AGENCIES WHICH PROVIDES FOR IMPLEMENTATION OF A FEE SCHEDULE WHICH SETS THE FEES AT $82.00 FOR A FULL BOOK AND HOUSE, AND THE REMAINING THREE RATES WOULD ALL BE $33.00 FOR FISCAL YEAR (2003-2004). THIS RATE REPRESENTS A 500 INCREASE OF EACH AND EVERY RATE THE COUNTY CURRENTLY CHARGES. THE ORDINANCE HAS BEEN AMENDED TO INCLUDE THIS REVISED SCHEDULE. FURTHER INCREASES (TO ADDRESS THE REMAINING 50o PROPOSED IN THE REPORT) FOR THE FISCAL YEAR 2004-2005, SHALL BE THE SUBJECT OF NEGOTIATIONS BETWEEN THE COUNTY AND THE AFFECTED PUBLIC AGENCIES. COUNTY COUNSEL HAS PREPARED WRITTEN FINDINGS TO COMPLY WITH THE LEGAL REQUIREMENTS OF THE BUTTE COUNTY CODE AND SUBMITTED THOSE FINDINGS TO THE BOARD FOR CONSIDERATION. MOTION: I MOVE TO ACCEPT THE REPORT PREPARED BY MAXIMUS ENTITLED "ANALYSIS OF BOOKING FEES WITHIN THE SHERIFF'S OFFICE BASED ON FISCAL YEAR 2002-2003 BUDGET"; MAKE THE FINDINGS AS PREPARED BY COUNTY COUNSEL (INCLUDED IN THE RECORD, ATTACHED TO THE CERTIFICATION OF MAILING DATED JUNE 24, 2003, AS EXHIBIT "A"); AND FURTHER MOVE TO SET THE FEES FOR FISCAL YEAR 2003-2004 AT $33.00 FOR BOOK, CITE AND RELEASE, AND $82.00 FOR BOOK AND HOUSE. WHERE THE ARRESTING AGENCY UTILIZES THE JMS AND REMOTE CAPTURE PRIOR TO BOOKING, THE FEE SHALL BE $33.00 FOR BOOK, CITE AND RELEASE WITH REMOTE CAPTURE, AND $33.00 FOR BOOK AND HOUSE WITH REMOTE CAPTURE FOR THE 2003-2004 FISCAL YEAR. THE REMAINING RATE ADJUSTMENT FOR FISCAL YEAR 2004-2005 SHALL BE THE SUBJECT OF NEGOTIATIONS BETWEEN THE COUNTY AND THE AFFECTED PUBLIC AGENCIES. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MINUTES PacE 21 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS RECESS: 1:41 P.M. RECONVENE: 1:51 P.M. PUBLIC HEARINGS AND TIMED ITEMS MINUTES -JUNE 24, 2003 03-185 Public Hearing - Booking Fees - Ordinance Amending Section 36-5.1a and Section 36-5.2 of the Butte County Code Regarding Certain Increased Costs Chargeable by the Butte County Jail for Booking or Detention of Persons Arrested by Cities, Special Districts, School Districts, Community College Districts, Colleges or Universities - consideration of an ordinance amending the fees charged for booking and/or processing of individuals in the Butte County Jail - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (**2100) PUBLIC HEARING OPENED: 1:52 P.M. PUBLIC HEARING CLOSED: 1:52 P.M. MOTION: I MOVE TO ADOPT ORDINANCE 3854 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) PUBLIC COMMENT 03-186 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. (**2161) (NONE) CLOSED SESSION 03-187 RECESS: THE BOARD RECESSED AT 1:53 P.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) 1. ROGERS V. BUTTE COUNTY (SUPERIOR COURT CASE NO. 127210); 2. NEIGHBORS V. BUTTE COUNTY (SUPERIOR COURT CASE NO. 126947); 3. STATE OF CALIFORNIA V. BUTTE COUNTY (SUPERIOR COURT CASE NO. 127914). PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER; 2. DIRECTOR- BEHAVIORAL HEALTH; 3. CHIEF ADMINISTRATIVE OFFICER; 4. CHIEF PROBATION OFFICER; 5. DIRECTOR-CHILD SUPPORT SERVICES; 6. COUNTY COUNSEL; 7. DIRECTOR-DEVELOPMENT SERVICES; 8. DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES; 9. DIRECTOR-HUMAN RESOURCES; 10. DIRECTOR-INFORMATION SYSTEMS; 11. DIRECTOR-LIBRARIES; 12. DIRECTOR-PUBLIC WORKS; AND 13. DIRECTOR-WATER AND RESOURCE CONSERVATION. (**2171) MINUTES PAGE 22 JUNE 24, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JUNE 24, 2003 CLOSED SESSION 03-187 RECONVENE: THE BOARD RECONVENED AT 2:56 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) 1. ROGERS V. BUTTE COUNTY (SUPERIOR COURT CASE NO. 127210); 2. NEIGHBORS V. BUTTE COUNTY (SUPERIOR COURT CASE NO. 126947); 3. STATE OF CALIFORNIA V. BUTTE COUNTY (SUPERIOR COURT CASE NO. 127914). PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER; 2. DIRECTOR- BEHAVIORAL HEALTH; 3. CHIEF ADMINISTRATIVE OFFICER; 4. CHIEF PROBATION OFFICER; 5. DIRECTOR-CHILD SUPPORT SERVICES; 6. COUNTY COUNSEL; 7. DIRECTOR-DEVELOPMENT SERVICES; 8. DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES; 9. DIRECTOR-HUMAN RESOURCES; 10. DIRECTOR-INFORMATION SYSTEMS; 11. DIRECTOR-LIBRARIES; 12. DIRECTOR-PUBLIC WORKS; AND 13. DIRECTOR-WATER AND RESOURCE CONSERVATION. (**2187) (NO ANNOUNCEMENTS) ADJOUxNt~NT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED 2:56 P.M., TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, JULY 8, 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 24, 2003