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HomeMy WebLinkAboutM070803BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 8, 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, 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 Philip Gilmore, Foothill Community Church, Oroville. CORRECTIONS AND~OR CHANGES TO THE AGENDA (8 6) ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION 03-188 1. Forest Community Research - approval is requested for an agreement with Forest Community Research for the development of a water policy related to connecting upland watersheds with valley aquifers. The term of the agreement is July 8, 2003, through July 7, 2004, with a maximum amount payable of $25,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY THE AUDITOR-CONTROLLER. 2. Introduction of a Salary Ordinance Amendment - the department has prepared a salary ordinance amendment which incorporates the salary recommendations for Elected Officials (effective July 5, 2003). The salary ordinance is not being amended by resolution as a result of the effective date requirements contained in Government Code Section 25123 (f) - action requested - WAIVE READING OF THE ORDINANCE. THIS ITEM REMOVED FROM THE CONSENT AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. THE ITEM WILL BE REVISED AND RETURNED TO THE BOARD AT THE NEXT MEETING (JULY 22, 2003). CONSENT AGENDA 03-189 1. Kevin W. Chan, M.D. - approval is requested for an agreement with Kevin W. Chan, 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 $85,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. MINUTES PAGE 1 JULY 8, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 8, 2003 03-189 2. James R. Glover, M.D. - approval is requested for an agreement with James R. Glover, 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 $204,500 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14235) 3. Lawrence C. Mayerle, M.D. - approval is requested for an agreement with Lawrence C. Mayerle, 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 $29,250 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 4. Victor D. Mlotok, M.D. - approval is requested for an agreement with Victor D. Mlotok, 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 $148,200 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 5. Albert Raitt, M.D. - approval is requested for an agreement with Albert Raitt, 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 $53,910 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 6. Richard H. Svihus, M.D. - approval is requested for an agreement with Richard H. Svihus, 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 $106,250 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 7. Robert L. Zadra, M.D. - approval is requested for an agreement with Robert L. Zadra, 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 $46,800 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14254) MINUTES PAGE 2 JULY 8, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 8, 2003 03-189 8. Henry Ganzler, Ph.D. - approval is requested for an agreement with Henry Ganzler, Ph.D., for the provision of services in the specialized field of psychology. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $67,500 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14252) 9. Sidney Ganzler, Ph.D. - approval is requested for an agreement with Sidney Ganzler, Ph.D., for the provision of services in the specialized field of psychology. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $25,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 10. Michael Hitchko, Ph.D. - approval is requested for an agreement with Michael Hitchko, Ph.D., for the provision of services in the specialized field of psychology. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $40,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 11. Performance Trust - approval is requested for an agreement with Performance Trust for the provision of analysis, tracking and related reporting services as required for Youth Performance Outcome Measures. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $41,600 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 12. Helios Health Care, LLC d.b.a. Chico Creek Care & Rehabilitation - approval is requested for an agreement with Helios Health Care, LLC d.b.a. Chico Creek Care & Rehabilitation for the provision of meals to patients in the Butte County Psychiatric Health Facility. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $48,672 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14234) 13. Youth For Change - Amendment - approval is requested for an amendment to the sublease agreement with Youth For Change for office space in the Paradise Ridge Family Resource Center located at 6249 Skyway, Paradise. The space is utilized by the Youth Services Division. The amendment reduces the maximum amount payable for fiscal year 2003-2004 by $2,952. 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. X11907) MINUTES PAGE 3 JULY 8, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 8, 2003 03-189 14. Lou Ann Rupp-Mueller-Oroville Professional Arts Center - Amendment - approval is requested for an amendment to the lease agreement with Lou Ann Rupp-Mueller-Oroville Professional Arts Center for the property located at 2854 Olive Highway, Suite A, Oroville. The space is utilized by the Youth Services Division. The amendment extends the term of the agreement through June 30, 2006, sets the maximum amount payable for the multi-year lease at $45,570 ($8,040 for fiscal year 2003-2004 [department budget]), and adds agreement language regarding right of first refusal for adjacent or neighboring properties. 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. X11827) 15. Lou Ann Rupp-Mueller-Oroville Professional Arts Center - Amendment - approval is requested for an amendment to the lease agreement with Lou Ann Rupp-Mueller-Oroville Professional Arts Center for the property located at 2856 Olive Highway, Suites A, B, and C, Oroville. The space is utilized by the Youth Services Division. The amendment extends the term of the agreement through June 30, 2006, sets the maximum amount payable for the multi-year lease at $118, 039.68 ($19, 673.28 for fiscal year 2003-2004 [department budget]), and adds agreement language regarding right of first refusal for adjacent or neighboring properties. 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. X11836) 16. Lou Ann Rupp-Mueller-Oroville Professional Arts Center - Amendment - approval is requested for an amendment to the lease agreement with Lou Ann Rupp-Mueller-Oroville Professional Arts Center for the property located at 2858 Olive Highway, Suites A, B, and C, Oroville. The space is utilized by the Youth Services Division. The amendment extends the term of the agreement through June 30, 2006, sets the maximum amount payable for the multi-year lease at $143,210 ($23,760 for fiscal year 2003-2004 [department budget]), and adds agreement language regarding right of first refusal for adjacent or neighboring properties. 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. X11826) MINUTES PAGE 4 JULY 8, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 8, 2003 03-189 17. Lou Ann Rupp-Mueller-Oroville Professional Arts Center - Amendment - approval is requested for an amendment to the lease agreement with Lou Ann Rupp-Mueller-Oroville Professional Arts Center for the property located at 2860 Olive Highway, Suites B and C, Oroville. The space is utilized by the Youth Services Division. The amendment extends the term of the agreement through June 30, 2006, sets the maximum amount payable for the multi-year lease at $49,249.45 ($7,009.20 for fiscal year 2003-2004 [department budget]), and adds agreement language regarding right of first refusal for adjacent or neighboring properties. 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. X11825) 18. Lou Ann Rupp-Mueller-Oroville Professional Arts Center - Amendment - approval is requested for an amendment to the lease agreement with Lou Ann Rupp-Mueller-Oroville Professional Arts Center for the property located at 2860 Olive Highway, Suites D and E, Oroville. The space is utilized by the Youth Services Division. The amendment extends the term of the agreement through June 30, 2006, sets the maximum amount payable for the multi-year lease at $66,528 ($11,088 for fiscal year 2003-2004 [department budget]), and adds agreement language regarding right of first refusal for adjacent or neighboring properties. 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. X11824) 19. Superior Court of California, County of Butte - Amendment - approval is requested for an amendment to the Memorandum of Understanding with the Superior Court of California, County of Butte, for funding of the Drug Court Manager position. The amendment extends the term of the agreement through June 30, 2004, and increases the maximum amount payable by $56, 800 (Drug Court Partnership Grant funds) for the extended term. 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. X11418) 20. Rural Alliance Inc. - Student Scholarships - Rural Alliance Inc., has created a scholarship program to advance better education for rural California residents. As a member of the Regional Council of Rural Counties, Butte County will be allocated $1,000 of Rural Alliance Inc., funds for up to two scholarships. The Department of Employment and Social Services has proposed two individuals to receive $500 scholarships each. Board approval is requested to adopt a resolution allowing participation in the scholarship program - action requested - ADOPT RESOLUTION 03-109 AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PAGE 5 JULY 8, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 8, 2003 03-189 21. Resolution Extending Non-exclusive Cable Television Franchises for the Unincorporated Areas of Chico/Durham and Paradise - approval is requested for a resolution which will extend the non-exclusive cable television franchise agreements with Comcast, covering the unincorporated areas of Chico/Durham and Paradise, to November 30, 2003, to allow additional time to conclude negotiations of new agreements - action requested - ADOPT RESOLUTION 03-110 AND AUTHORIZE THE CHAIR TO SIGN. 22. Butte County Air Quality Management District Representation Agreement - pursuant to California Health and Safety Codes, representation on county air pollution control district boards is based on population distribution. As a result of the 2000 census, city representation on the Butte County Air Quality Management District Board needs to be increased from two representatives to five. Under the statutes, city appointments are made by the City Selection Committee unless an agreement is made between the cities and county. Proposed is an agreement with the cities of Biggs, Chico, Gridley, Oroville, and the Town of Paradise, which will provide for the city/town representatives to be appointed by their councils - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. 23. Long Beach Genetics - approval is requested for an agreement with Long Beach Genetics for the provision of genetic/paternity testing for child support cases. The term of the agreement is July 1, 2003, through June 30, 2005, with a maximum amount payable of $30,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14204) 24. Mediation Center of the North Valley - approval is requested for an agreement with the Mediation Center of the North Valley for the provision of dispute resolution services. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $20,000. Funding for the agreement is provided by a $3 portion of court filing fees designated as grant funds for dispute resolution programs. Board approval is also requested to appoint Andrea Nelson as Butte County's Alternate Dispute Resolution Coordinator - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY THE AUDITOR-CONTROLLER; AND APPOINT ANDREA NELSON AS THE COUNTY'S ALTERNATE DISPUTE RESOLUTION COORDINATOR. MINUTES PAGE 6 JULY 8, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 8, 2003 03-189 25. State of California, Department of Insurance - Workers' Compensation Insurance Fraud Grant - approval is requested to submit an application to the State of California, Department of Insurance, for grant funds in the amount of $320,000 to support a Workers' Compensation Insurance Fraud Program. The term of the grant is July 1, 2003, through June 30, 2004. The grant does not require a cash match - action requested - ADOPT RESOLUTION 03-111 AUTHORIZING THE DISTRICT ATTORNEY TO SUBMIT GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. 26. Butte-Glenn Community College District - Amendment - approval is requested for an amendment to the agreement with the Butte-Glenn Community College District for the provision of a Vocational English as a Second Language Program. The amendment extends the term of the agreement through September 30, 2003, and increases the maximum amount payable by $43,129 (department budget) for the extended term. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X22858) 27. California Department of Forestry and Fire Protection - approval is requested for a Cooperative Fire Protection Services Agreement (Schedule A Agreement) with the California Department of Forestry and Fire Protection. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $8,259,848. The department budgeted $7,947,206 for the agreement and Board approval is requested for a transfer of $312,642 from the General Fund Appropriation for Contingencies to fully fund the agreement. The increase is the result of increased benefit costs for firefighters - action requested - APPROVE BUDGET TRANSFER B-589 (4/5 vote required); AND ADOPT RESOLUTION 03-112 APPROVING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11590) 28. Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: BEHAVIORAL HEALTH-GENERAL SERVICES - adds one half-time position of Cook. SALARY PLAN FOR ELECTED AND APPOINTED OFFICIALS, REFERENCE A, APPOINTED DEPARTMENT HEADS - incorporates the annual salary rate for the new Director-Public Health (effective July 7, 2003). LOCAL AGENCY FORMATION COMMISSION - increases the annual salary for the Executive Officer position from $79,400 to $83,400 (effective July 5, 2003) - action requested - ADOPT RESOLUTION 03-113 AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PAGE 7 JULY 8, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 8, 2003 03-189 29. Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance to reflect recommended salary changes resulting from the Pay for Performance Program for Appointed Department Heads. The resolution also incorporates salary changes for the County Health Officer, Assistant Department Heads, and the Undersheriff (effective July 5, 2003) - action requested - ADOPT RESOLUTION 03-114 AND AUTHORIZE THE CHAIR TO SIGN. 30. Library Donation - pursuant to Government Code Section 25355, a donation of $2,318 from the Chico Unified School District has been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION. 31. Home Health Care Management, Inc. - Amendment - approval is requested for an amendment to the Memorandum of Understanding with Home Health Care Management, Inc., for the provision of Library Literacy Program services. The amendment renews the agreement for the period of January 1, 2003, through December 31, 2003. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40442) 32. California Department of Transportation - approval is requested for the fiscal year 2002-2003 Federal Apportionment Exchange Program and State Match Program Agreement with the California Department of Transportation which will allow the Department of Transportation to exchange Regional Surface Transportation Program funds for non-federal funds. In addition to the exchange of funds, State matching funds are allocated from the State Highway Account to the Public Works Department - action requested - ADOPT RESOLUTION 03-115 AUTHORIZING EXECUTION OF EXCHANGE AND STATE MATCH AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 33. Peterson Tractor Company - approval is requested for an agreement with Peterson Tractor Company for the rental of equipment needed to operate the Neal Road Landfill. The County assumed operation of the landfill in March and equipment was rented until County-owned equipment could be obtained. The term of the agreement is February 28, 2003, through June 30, 2003, with a maximum amount payable of $120,000. Board approval is also requested for a transfer of department funds between budget line items to provide the appropriation for the agreement - action requested - APPROVE BUDGET TRANSFER B-590; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MINUTES PAGE 8 JULY 8, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 8, 2003 03-189 34. Intelliwaste, Inc. - Amendment - approval is requested for an amendment to the agreement with Intelliwaste, Inc., for development and negotiation services for the Neal Road Landfill agreement and the Materials Recovery Facility. The amendment increases the maximum amount payable by $1,845.61 (Neal Road Landfill Management Fund) for additional legal review services. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11180) 35. Afton Road Bridge Across Cherokee Canal Painting Project - Federal Project No. STPLP-5912(004), County Project No. 16182-93-2 - Award of Contract - the project consists of the removal of the existing paint and corrosion down to bare metal and application of new paint and coatings. Three bids were received with the low bidder being Robinson- Prezioso, Inc., of Santa Fe Springs, California, in the amount of $187,700. The project is 80o reimbursable through the Federal Highway Bridge Rehabilitation and Replacement Program. The remaining 20o will be funded by local highway funds - action requested - AWARD CONTRACT TO ROBINSON- PREZIOSO, INC., OF SANTA FE SPRINGS, CALIFORNIA, IN THE AMOUNT OF $187,700 AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 36. Introduction of an Ordinance Imposing a 20o Waste Diversion Goal upon Solid Waste Collector Licensees - consideration of an ordinance which will require licensed waste collectors to increase the minimum amount of materials diverted from disposal from 15o to 200 - action requested - WAIVE READING OF THE ORDINANCE. 37. Unanticipated Revenue - approval is requested to accept and appropriate $23,461.48 received from the Shasta County Sheriff's Office as reimbursement for equipment purchases in support of the California Methamphetamine Enforcement Team grant - action requested - APPROVE BUDGET TRANSFER B-591 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 38. Butte County Office of Education Bond Issuance for Oroville Union High School District - approval is requested for a resolution which will authorize the issuance of general obligation bonds for Oroville Union High School District. Education Code Section 15140 provides that such notes be issued in the name of the Office of Education by the Board of Supervisors. The Office of Education is requesting the issuance of General Obligation Bonds not to exceed $6,000,000. The bonds will be a general obligation of the Office of Education and the County has no fiduciary responsibility as to the repayment of the bonds - action requested - ADOPT RESOLUTION 03-116 AUTHORIZING ISSUANCE OF GENERAL OBLIGATION BONDS FOR OROVILLE UNION HIGH SCHOOL DISTRICT, ELECTION OF 2002, SERIES A, AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PAGE 9 JULY 8, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 8, 2003 03-189 39. State of California, Department of Water Resources - approval is requested for a grant agreement with the State of California, Department of Water Resources, for funds under the Urban Creek Restoration and Flood Control Act to support a watershed stabilization and flood damage reduction project on Big Chico Creek. The term of the agreement is November 25, 2002, through May 15, 2005, and provides $197,449 to the County for the project. Under the terms of the grant, the County is acting as the fiduciary agent for the Streaminders-Chapter of the Izaak Walton League - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE NOTATION THAT THE BACKUP FOR ITEM 3.30 WAS REVISED TO INCLUDE THE ASSISTANT DIRECTOR POSITIONS FOR THE COUNTY CLERK-RECORDER'S OFFICE, AND THE REMOVAL OF ITEMS 3.25 AND 3.31. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) REGULAR AGENDA 03-190 Appointments to Boards, Commissions and Committees. (115) 1. Appointments to Listed Vacancies. (NONE) 2. Transit Consolidation Policy Committee - action requested - APPOINT TWO BOARD MEMBERS TO SERVE ON THE COMMITTEE. MOTION: I NOMINATE SUPERVISORS HOUR AND JOSIASSEN TO BE APPOINTED TO THAT COMMITTEE. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 03-191 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. (228) PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, INTRODUCED PHYLLIS MURDOCK, THE NEWLY HIRED DIRECTOR OF PUBLIC HEALTH. MR. MCINTOSH INFORMED THE BOARD THAT THE COUNTY'S BILL TO CORRECT THE DEFICIENCY IN THE TRANSFER REGARDING OUR FIRE AGENCIES (SB410) IS BEING HELD IN THE ASSEMBLY APPROPRIATIONS COMMITTEE. MR. MCINTOSH ALSO PROVIDED THE BOARD WITH AN UPDATE ON STATE BUDGET ISSUES, INCLUDING VARIOUS ACTIONS TO BE TAKEN BY THE STATE CONTROLLER UNTIL A STATE BUDGET IS PASSED. MINUTES PAGE to JULY 8, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 8, 2003 03-192 Discussion Regarding Expansion of Oroville Redevelopment Project Area to Include Southside Oroville - action requested - PROVIDE STAFF DIRECTION. (447) BOARD DIRECTION TO STAFF TO MOVE FORWARD WITH THE INVESTIGATION OF EXPANSION OF THE OROVILLE REDEVELOPMENT PROJECT AREA TO INCLUDE SOUTHSIDE OROVILLE, TO PROVIDE AN ANALYSIS OF THE BEST APPROACH FOR THE PROJECT, AND TO INCLUDE PRELIMINARY FISCAL ANALYSIS AND POSSIBLE FUNDING SOURCES. 03-193 Report to the Board - Butte County Library Advisory Board - presentation of a report for the period of January-June 2003 - action requested - ACCEPT FOR INFORMATION. (1385) PRESENTATION TO THE BOARD BY JAN SONSTENG, VICE-CHAIR OF THE BUTTE COUNTY LIBRARY ADVISORY BOARD. 03-194 Presentation to the Board - presentation of a video entitled "Safe from the Start". The video addresses the issue of family violence and its effect on children - action requested - ACCEPT FOR INFORMATION. (1516) SHARON DONNELSON, FEATHER RIVER TRIBAL HEALTH, INTRODUCED THE VIDEO ENTITLED, "SAFE FROM THE START". RECESS: 10:21 A.M. RECONVENE: 10:34 A.M. PUBLIC HEARINGS AND TIMED ITEMS 03-195 Public Hearing - Gate Fees at the Neal Road Landfill - consideration of an ordinance amending Article VII to Chapter 3 of the Butte County Code regarding gate fees chargeable at the Neal Road Landfill. The fees are charged to recover the cost of design, operation, and maintenance of the Neal Road Landfill - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (2653) PUBLIC HEARING OPENED: 10:40 A.M. PUBLIC HEARING CLOSED: 10:40 A.M. MOTION: I MOVE TO ADOPT ORDINANCE 3855 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MINUTES PAGE 11 JULY 8, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 8, 2003 03-196 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 IS REQUESTING THE BOARD CONTINUE THE HEARING OPEN TO AUGUST 12, 2003. (FROM 6-24-03 [5.03]) (2884) PUBLIC HEARING RECONVENED AT 10:40 A.M. AND CONTINUED OPEN TO AUGUST 12, 2003, AT 1:00 P.M. MINUTES PAGE 12 JULY 8, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 8, 2003 REGULAR AGENDA 03-197 Dissolution of County Service Areas - consideration of the dissolution of certain County Service Areas (CSAs) which do not have budgets and do not provide services - action requested: 1. CONFIRM THAT THE CSAs LISTED IN ITEM 1 OF THE AGENDA REPORT SHOULD BE DISSOLVED; 2. DETERMINE WHICH OF THE CSAs LISTED IN ITEM 2 OF THE AGENDA REPORT SHOULD BE RETAINED OR DISSOLVED; 3. DIRECT PUBLIC WORKS TO NOTIFY PROPERTY OWNERS IN CSAs PROPOSED FOR DISSOLUTION OF OPTION TO INCREASE SERVICE CHARGE OR DISSOLVE CSA; 4. DIRECT PUBLIC WORKS TO NOTIFY PROPERTY OWNERS IN EACH CSA TO BE RETAINED OF THE INTENT TO ESTABLISH AN APPROPRIATE MAXIMUM PER PARCEL SERVICE CHARGE PURSUANT TO PROPOSITION 218 REQUIREMENTS; AND 5. DIRECT PUBLIC WORKS TO PREPARE BUDGETS TO REFLECT THE AUDITOR'S COST OF PREPARING THE STATE REPORT FOR EACH OF THE CSAs LISTED IN ITEM 3 OF THE AGENDA ITEM, AND DIRECT THE BUDGETS BE INCLUDED IN THE ANNUAL CSA BUDGETS TO BE ADOPTED. (PUBLIC WORKS [FROM 6-10-03/4.08]) (3541) MOTION: I MOVE TO RETAIN CSA 87 (KEEFER/ROCK CREEK DRAINAGE) AND CSA 120 (OAK WAY PARK SUBDIVISION), TO DIRECT PUBLIC WORKS TO PREPARE BUDGETS FOR THOSE TWO CSAs TO REFLECT THE AUDITOR'S COST OF PREPARING THE STATE REPORT FOR EACH, AND DIRECT THAT THE BUDGETS BE INCLUDED IN THE ANNUAL CSA BUDGETS TO BE ADOPTED. M S VOTE: 1 Y 2 NV 3 Y 4 Y 5 Y (Motion Carried) MOTION: I MOVE TO CONFIRM THAT THE CSAs LISTED IN ITEM 1 OF THE AGENDA REPORT SHOULD BE DISSOLVED; DETERMINE THAT CSA 144 (DURHAM VINTAGE ESTATES) AND CSA 163 (THORNTREE INDUSTRIAL PARK) BE RETAINED; DIRECT PUBLIC WORKS TO NOTIFY PROPERTY OWNERS IN CSAs PROPOSED FOR DISSOLUTION OF OPTION TO INCREASE SERVICE CHARGE OR DISSOLVE CSA; AND DIRECT PUBLIC WORKS TO NOTIFY PROPERTY OWNERS IN EACH CSA TO BE RETAINED OF THE INTENT TO ESTABLISH AN APPROPRIATE MAXIMUM PER PARCEL SERVICE CHARGE PURSUANT TO PROPOSITION 218 REQUIREMENTS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MINUTES PAGE 13 JULY 8, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 8, 2003 03-198 Items Removed from the Consent Agenda for Board Consideration and Action. (5120) 1. Forest Community Research - approval is requested for an agreement with Forest Community Research for the development of a water policy related to connecting upland watersheds with valley aquifers. The term of the agreement is July 8, 2003, through July 7, 2004, with a maximum amount payable of $25,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY THE AUDITOR-CONTROLLER. MOTION: I MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY THE AUDITOR-CONTROLLER. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) PUBLIC COM[IENT 03-199 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. (4341) (NONE) CLOSED SESSION 03-200 RECESS: THE BOARD RECESSED AT 11:09 A.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)(1) ONE POTENTIAL CASE; AND PUBLIC EMPLOYEE PERFORMANCE EVALUATION, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER. (4341) RECONVENE: THE BOARD RECONVENED AT 12:45 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)(1) ONE POTENTIAL CASE; AND PUBLIC EMPLOYEE PERFORMANCE EVALUATION, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER. (4373) (NO ANNOUNCEMENTS) MINUTES PAGE 14 JULY 8, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 8, 2003 P,DJOURIrt~NT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 12:45 P.M., TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD JULY 22, 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 15 JULY 8, 2003