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HomeMy WebLinkAboutM071304BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 Called to order at 9:05 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. Observation of a Moment of Silence. CORRECTIONS AND~OR CHANGES TO THE AGENDA. (4 5) ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. 0413-001 1. Victor Treatment Centers, Inc. - Amendment - approval is requested for an amendment to the agreement with Victor Treatment Centers, Inc., for the provision of rehabilitation services, medication support services and residential services to youth program clients. The amendment extends the term of the agreement through June 30, 2005, sets the service levels for fiscal year 2004-2005, increases the maximum amount payable by $175,200 (department budget) for the extended term, and makes language additions and revisions to various contract provisions - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11550) AT THE REQUEST OF THE BEHAVIORAL HEALTH DEPARTMENT, THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. THE ITEM WILL BE AMENDED AND RETURN ON A SUBSEQUENT AGENDA. MINUTES PacE 1 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-001 2. Sheridan Mitigation Bank - approval is requested for an agreement with the Sheridan Mitigation Bank for the purchase of wetland Mitigation Credits. Construction of a storm water retention basin and leachate containment pond at the Neal Road Sanitary Landfill will require the use of approximately 5.01 acres of wetlands under the jurisdiction of the U.S. Army Corps of Engineers. The County has obtained a Letter of Permission from the Corps granting use of the wetlands, authorizing the County to mitigate the use/loss of the wetlands through the purchase of 2.01 acres of seasonal wetland habitat credits from an approved wetland mitigation bank, and requiring a conservation easement and monitoring of on-site mitigation and preservation. The cost of 2.01 acres of seasonal wetland habitat credits is $90,450 (Neal Road Landfill Management Fund). The costs associated with the establishment of a conservation easement and on-site mitigation monitoring will not exceed $15,000 (Neal Road Landfill Management Fund) - action requested - APPROVE AGREEMENT FOR WETLAND MITIGATION CREDITS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO NEGOTIATE AND EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE REQUIREMENTS REGARDING MITIGATION MONITORING AND PRESERVATION AS DETAILED IN THE STAFF REPORT. 1. Paradise Veterans Memorial Hall - action requested - APPOINT/REAPPOINT JOSEPH FRANK, DELEGATE, AND CARROLL TRADER, ALTERNATE, DISABLED AMERICAN VETERANS; JAMES T. HAYES, DELEGATE, AND EDWARD MCGREEHAN, ALTERNATE, VETERANS OF FOREIGN WARS, MAX BILL POST 2039; PETER FREITAG, DELEGATE, PAUL HARMON, ALTERNATE, AMERICAN LEGION, PARADISE POST 259; AND RAYMOND JOHNSON, DELEGATE, AND NIGEL PARKHURST, ALTERNATE, PARADISE VETERANS COUNCIL. ALL APPOINTMENTS ARE FOR THE TERM OF JULY 1, 2004, THROUGH JUNE 30, 2005. AT THE REQUEST OF SUPERVISOR YAMAGUCHI, THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. THE ITEM WILL BE AMENDED AND RETURN ON A SUBSEQUENT AGENDA. CONSENT AGENDA 0413-002 1. Ratify Emergency Purchase and Budget Transfer - ratification is requested for the emergency purchase of a Megabyte Server that facilitates the Assessor, Tax Collector and Auditor in processing property valuations and property tax functions. The purchase was required to replace failing equipment. Funding for the purchase was provided by the Tax Collector's Trust Fund - action requested - RATIFY PURCHASE OF FIXED ASSET COMPUTER SERVER; AND APPROVE BUDGET TRANSFER B-001 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE AN AMENDMENT TO THE DEPARTMENT'S FISCAL YEAR 2004-2005 PROPOSED BUDGET TO INCORPORATE THIS ACTION (4/5 vote required). MINUTES PacE 2 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-002 2. St. Helena Hospital d.b.a California Specialty Hospital - Amendment - approval is requested for an amendment to the agreement with St. Helena Hospital d.b.a California Specialty Hospital, for the provision of inpatient hospitalization services to referred adolescents. The amendment extends the term of the agreement through June 30, 2005, and makes language additions and revisions to various contract provisions - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X14515) 3. 7t'' Avenue Center - Amendment - approval is requested for an amendment to the fiscal year 2003-2004 agreement with 7cn Avenue Center for the provision of Institutions for Mental Disease and Enhancement Services. The amendment increases the maximum amount payable by $106.70 (department budget) for additional services provided in 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. X14417) 4. Skyway House - Amendment - approval is requested for an amendment to the fiscal year 2003-2004 agreement with the Skyway House for the provision of rehabilitation, recovery and residential services for clients referred under the FOREST and Drug Court Partnership programs. The amendment increases the maximum amount payable by $279.93 (department budget) for additional services provided in 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. X14461) 5. North Valley Parent Education Network - Amendment - approval is requested for an amendment to the fiscal year 2003-2004 agreement with North Valley Parent Education Network for the provision of targeted case management/brokerage and mental health services for Medi-Cal beneficiaries. The amendment decreases the maximum amount payable by $161,308.16 (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. X14569) 6. FamiliesFirst, Inc. - Amendment - approval is requested for an amendment to the fiscal year 2003-2004 agreement with FamiliesFirst, Inc., for the provision of rehabilitation services to youth services clients receiving Medi-Cal benefits. The amendment increases the maximum amount payable by $2,165 (department budget) for additional services rendered in 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. X14420) MINUTES PacE 3 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-002 7. Lillian Rickards - Amendment - approval is requested for an amendment to the lease agreement with Lillian Rickards for the property located at 260 Cohasset Road, Suite E, Chico. The location is utilized by the Transitional Youth Program and Adult System of Care Homeless Housing Programs. The amendment extends the term of the agreement through June 30, 2007, increases the maximum amount payable by $115,200 (department budget) for the extended term, and makes language additions and revisions to various contract provisions - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER (Contract No. X12089) 8. Santa Clara County - approval is requested for a fiscal year 2003-2004 agreement with Santa Clara County for the provision of mental health treatment services to Butte County residents at the Santa Clara Community Treatment Facility. The term of the agreement is July 1, 2003, through January 14, 2004, with a maximum amount payable of $65,473.68 (fiscal year 2003-2004 department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 9. Linda Huffmon - approval is requested for an agreement with Linda Huffmon for the provision of consultation services regarding program and procedural planning, grant planning and preparation, First Chance Coalition planning and resource development, and housing strategies for special needs populations. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $31,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 10. Victor D. Mlotok, M.D. - Amendment - approval is requested for an amendment to the fiscal year 2003-2004 agreement with Victor D. Mlotok, M.D., for the provision of professional services in the specialized field of psychiatry, and oversight of medical care for department clients. The amendment increases the maximum amount payable by $7,000 (department budget) for additional services provided in 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. X14935) . 11. George Richard Heitzman, M.D. - approval is requested for an agreement with George Richard Heitzman, M.D., for the provision of professional services in the specialized field of psychiatry. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $228,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MINUTES PacE 4 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-002 12. State of California, Department of Parks and Recreation - Amendment - approval is requested for an amendment to the agreement with the State of California, Department of Parks and Recreation, that will disencumber the County's Proposition 12 Roberti-Z'Berg-Harris Block Grant allocation funds, in the amount of $328,770, for the purpose of re- encumbering the funds to the City of Oroville. The funds are being passed to the City to support the City's agreement to assume site ownership and project management for acquisition and development of three parcels located adjacent to the Veterans' Memorial Hall on Montgomery Street. The development is envisioned to include an area for a veterans' memorial and construction of additional parking to serve the Memorial Hall and downtown commercial area - action requested - ADOPT RESOLUTION 04-110 APPROVING AMENDMENT TO THE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. C2009341) 13. Roger Masuda - approval is requested for an agreement with Roger Masuda for the provision of specialized legal services related to the Federal Energy Regulatory Commission's alternative relicensing process and related water issues. The term of the agreement is July 1, 2004, through June 30, 2005, with an hourly compensation rate of $160 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY THE AUDITOR- CONTROLLER. 14. Authorize Payment of Expert witness Fee - the District Attorney enters into agreements for expert witness testimony. Normally this is done prior to the witness testifying, but an administrative error resulted in execution of an expert witness agreement after the testimony was given. Board approval is requested to ratify that agreement and authorize payment of the costs incurred under the agreement with the funds encumber in fiscal year 2003-2004 for that purpose - action requested - RATIFY AGREEMENT; AND AUTHORIZE PAYMENT OF FISCAL YEAR 2003-2004 CHARGES WITH FISCAL YEAR 2003-2004 FUNDS ENCUMBERED FOR THAT PURPOSE. 15. Regents of the University of California, Davis, - approval is requested for an agreement with the Regents of the University of California, Davis, for the provision of Eligibility Services Training. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $46,400 ($6,960 UCD in-kind contribution/$39,440 federal and state funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MINUTES PacE 5 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-002 16. Family Tree Services - approval is requested for an agreement with Family Tree Services for the provision of supervised visitation and parenting services to Children's Services clients. The term of the agreement is July 1, 2004, through June 30, 2005, 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. 17. Northern Valley Catholic Social Services - Amendment - approval is requested for an amendment to the fiscal year 2003-2004 agreement with Northern Valley Catholic Social Services for the provision of therapy and anger management services. The amendment increases the maximum amount payable by $12,371.20 (department budget) as a result of an increased utilization of 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. X14312) 18. Northern Valley Catholic Social Services - approval is requested for an agreement with Northern Valley Catholic Social Services for the provision of therapy and anger management services. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $200,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 19. Relief of Accountability - approval is requested for relief of accountability for seven fixed asset software programs. The software was deleted from department computers as they were replaced. The District Attorney's Office and the Auditor-Controller have reviewed the request - action requested - GRANT RELIEF OF ACCOUNTABILITY. 20. Gateway Companies, Inc. - approval is requested to award an agreement for the purchase of 40 computer systems with on- site labor warranties to Gateway Companies, Inc., in the amount of $52,123.50 (department budget). The agreement is the result of an Invitation For Bids, with Gateway Companies, Inc., being the lowest bidder meeting specifications - action requested - APPROVE PURCHASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MINUTES PacE 6 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-002 21. Approval to Purchase water Tender for Company 33 - the Upper Ridge Volunteer Fire Company would like to participate in a cost share purchase of a new water tender. Bids for the water tender were opened on May 30, 2004, with Hi Tech being the lowest responsive bidder, in the amount of $305,533.69. Funding for the purchase will be a combination of funds raised by the Upper Ridge volunteers, earnings from the water Tender Earnings Trust Fund, and funds from the Community Cost Share Trust Fund. Approval is also requested for the budget transfers needed to provide the appropriation for the purchase - action requested - AWARD BID FOR FIXED ASSET PURCHASE OF WATER TENDER TO HI TECH; AND APPROVE BUDGET TRANSFER B-002 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE AN AMENDMENT TO THE DEPARTMENT'S FISCAL YEAR 2004-2005 PROPOSED BUDGET TO INCORPORATE THIS ACTION (4/5 vote required). 22. State of California, Department of Forestry and Fire Protection - approval is requested to ratify an agreement with the State of California, Department of Forestry and Fire Protection, for provision of a power line inspection program. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $68,716. Funding for the agreement is provided by a restitution agreement with Pacific Gas and Electric - action requested - ADOPT RESOLUTION 04-111 APPROVING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN RESOLUTION AND AGREEMENT. (Contract No. X10936) 23. Enloe Occupational Health - approval is requested by Risk Management/Safety for an agreement with Enloe Occupational Health for the provision of ergonomic consulting services. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $10,000. User departments are individually billed for services provided under the agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 24. Ergonomic Consultants - approval is requested by Risk Management/Safety for an agreement with Ergonomic Consultants for the provision of ergonomic consulting services. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $10,000. User departments are individually billed for services provided under the agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MINUTES PacE 7 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-002 25. William Pyeatt - Amendment - approval is requested for an amendment to the agreement with William Pyeatt for construction management services for the Juvenile Hall project. The amendment increases the maximum amount payable by $1,295 (project budget) for additional services required to resolve after-construction warranty issues. 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. X13345) 26. Extension of Out of Class Assignment - approval is requested to extend the out of class assignment of an Office Assistant III to Supervisors-Clerical Support Services through November 30, 2004, as a result of the extended medical absence of the incumbent staff member - action requested - APPROVE EXTENSION OF OUT OF CLASS ASSIGNMENT AS DETAILED IN THE AGENDA REPORT THROUGH NOVEMBER 30, 2004. 27. Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: DISTRICT ATTORNEY-CRIMINAL - adds two flexibly staffed sunset positions of Deputy District Attorney IV/III/II/I (position end dates 6-30-05), and one sunset position of Legal Typist Clerk (position end date 6- 30-05). SHERIFF-CORONER-OPERATIONS - adds two sunset positions of Deputy Sheriff (position end dates 6-30-05). PROBATION - deletes one position of Legal Typist Clerk. Adds one position of Legal Secretary I. PUBLIC WORKS-CONSTRUCTION AND MAINTENANCE - deletes one flexibly staffed position of Engineering Technician III/II/I. Adds one flexibly staffed position of Assistant Surveyor/Engineering Technician III/II/I. PUBLIC HEALTH-GENERAL SERVICES - adds a half-time flexibly staffed position of Administrative Analyst III/II/I. FACILITIES SERVICES - deletes one flexibly staffed position of Grounds Maintenance worker II/I. Adds one flexibly staffed position of Lead-Grounds Maintenance/ Grounds Maintenance worker II/I. SALARY PLAN FOR ELECTED AND APPOINTED OFFICIALS-REFERENCE A-APPOINTED DEPARTMENT HEADS - sets the salary of the Local Agency Formation Commission Executive Officer at $87,620 annually - action requested - ADOPT RESOLUTION 04-112 AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE ADJUSTMENTS TO AFFECTED DEPARTMENTS' FISCAL YEAR 2004-2005 PROPOSED BUDGET, AS NEEDED, TO INCORPORATE THIS ACTION (4 /5 vote required). 28. Library Donations - pursuant to Government Code Section 25355, donations of $1,000 from the Paradise Friends of the Library, $855 from the Oroville Friends of the Library, and $200 from the Cosmos Club of Chico, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. MINUTES PacE 8 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-002 29. ISD Corporation - approval is requested for an agreement with ISD Corporation for case management software upgrades and support. The term of the agreement is July 1, 2004, through December 31, 2004, with a maximum amount payable of $63,412 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 30. Office of Emergency Services 2004-2005 Victim Witness Assistance Program Grant - approval is requested to accept the Victim witness Assistance Program grant allocation for fiscal year 2004-2005 from the Office of Emergency Services. To complete acceptance of the allocation, approval is also requested for a resolution which authorizes the Chief Probation Officer to execute documents associated with the grant award - action requested - ACCEPT ALLOCATION; AND ADOPT RESOLUTION 04-113 AUTHORIZING THE CHIEF PROBATION OFFICER TO SIGN GRANT RELATED DOCUMENTS AND AUTHORIZE THE CHAIR TO SIGN. 31. Chico Unified School District - approval is requested for three separate revenue agreements with the Chico Unified School District for funds to support the use of Probation Department personnel in various programs designed to reduce delinquency and truancy. All three agreements have a term of July 1, 2004, through June 30, 2005, and maximum amounts payable to the County as follows: 1) Focus on Future programs - Probation Officer half-time. Maximum amount payable to the County of $29,914; 2) provision of a Probation Technician half-time to assist Probation Officer. Maximum amount payable to the County of $21,123; and 3) Truancy programs - Probation Officer half-time. Maximum amount payable to the County of $29,000 - action requested - APPROVE AGREEMENTS (3) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 32. Juvenile Justice Crime Prevention Act - Challenge Augmentation - approval is requested to accept unanticipated federal Title II, Part E (Challenge) funds which will augment fiscal year 2004-2005 Juvenile Justice Crime Prevention Act program funding. To receive the funding, a resolution of acceptance and assurances must be submitted to the Board of Corrections - action requested - ADOPT RESOLUTION 04-114 AND AUTHORIZE THE CHAIR TO SIGN. 33. American Lung Association of California, Superior Branch - approval is requested for an agreement with the American Lung Association of California, Superior Branch, for the provision of tobacco education and smoking cessation activities. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $79,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MINUTES PacE 9 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-002 34. California State University, Chico Research Foundation - approval is requested for a grant agreement with California State University, Chico Research Foundation, for funds to support OPT for Fit Kids program activities. The term of the agreement is January 1, 2004, through December 31, 2004, with a maximum amount payable to the County of $28,500 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 35. Resolution in Recognition of Robert H. Dobis Upon Retirement from the Department of Public works - action requested - ADOPT RESOLUTION 04-115 AND AUTHORIZE THE CHAIR TO SIGN. 36. Resolution in Recognition of Gerald Hightower Upon Retirement from the Department of Public works - action requested - ADOPT RESOLUTION 04-116 AND AUTHORIZE THE CHAIR TO SIGN. 37. Resolution in Recognition of Michael R. Hord Upon Retirement from the Department of Public works - action requested - ADOPT RESOLUTION 04-117 AND AUTHORIZE THE CHAIR TO SIGN. 38. Resolution in Recognition of Robert M. Jones Upon Retirement from the Department of Public works - action requested - ADOPT RESOLUTION 04-118 AND AUTHORIZE THE CHAIR TO SIGN. 39. Resolution in Recognition of Robert T. McCollum Upon Retirement from the Department of Public works - action requested - ADOPT RESOLUTION 04-119 AND AUTHORIZE THE CHAIR TO SIGN. 40. Lower Honcut Road Bridge Painting Project Across Wilson Creek - Federal Bridge Rehabilitation Program No. STPLP-5912 (064); County Project No. 04452-03-1 - the project consists of removing existing paint and corrosion down to the bare metal, applying new paint coatings, and installing a concrete barrier and metal beam guard rail. Bids were opened on June 17, 2004, with the lowest responsible bidder being Robison-Prezioso, Inc., of Santa Fe Springs, California, in the amount of $231,505 (80o Federal Highway Bridge Rehabilitation and Replacement Program funds/20o local highway funds) - action requested - AWARD AGREEMENT TO LOWEST RESPONSIBLE BIDDER, ROBISON-PREZIOSO, INC., IN THE AMOUNT OF $231,505; AND APPROVE CONSTRUCTION AGREEMENT AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MINUTES PacE to JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-002 41. Resolution Declaring Stop Control Intersections on Various Roads Throughout Butte County - approval is requested for a resolution which would establish stop control intersections, and authorize the Director of Public works to install legal stop sign controls at the following intersections: Doon Grade at Coutolenc Road (northerly intersection); Doon Grade at Coutolenc Road (southerly intersection); Lane Court at Carnegie Road; Northlake Road at Coutolenc Road; Castle Rock Court at Centerville Road; Mione way at East First Avenue; Sequoyah Avenue at Holly Avenue; Cottage Avenue at North Avenue; Guntren Road at Kelsey Drive; Tuliyani Drive at Garner Lane; Short Avenue at La Miranda Avenue; Summit Road at District Center Drive; Northview Drive at Meadowview Drive; Echo Glen Court at Goldcone Drive; Fallen Leaf way at Northwood Drive; Kingsdale Court at Cascade Drive; Salmon Drive at wilderness way (Private); Dorado Cerro at El Monte Avenue; Hartley Drive at Nopel Avenue; LaQuinta at El Monte Avenue; Southgate Court at Southgate Avenue; wagon Road at Schott Road and Sugar Pine Road; Angus Court at Hereford Drive; Goldenrod way at Greenberry Lane; Irvin way at Patricia Drive; La Placita way at Oak Park Avenue; Ralland Circle at North Avenue; Ranchita way at Oak Park Avenue, Scottsdale Court at Woodbridge Drive; Simmertal Drive at Shorthorn Drive; Valentine Court at west Sacramento Avenue; Westmont Court at winkle Drive; Eddy Court at Robinson Mill Road; Fernbach Court at Lariat Loop Road; Powers Court at Lariat Loop Road; Stallion Court at Lariat Loop Road, Buehler Avenue at Arbol Avenue; Norma Street at Alma Street; and Suburban Court at Seventh Street - action requested - ADOPT RESOLUTION 04-120 AND AUTHORIZE THE CHAIR TO SIGN. 42. Resolution Prohibiting Stopping, Standing or Parking of Vehicles - consideration of a resolution which will prohibit the stopping, standing or parking of vehicles on the north side of Speedway Avenue, from 150 feet east of Midway to 1,600 feet east of Midway, excluding a restricted commercial loading zone from 1,020 feet east of Midway to 1,450 feet east of Midway - action requested - ADOPT RESOLUTION 04-121 AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PacE 11 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-002 43. Martin Subdivision - the Martin Subdivision (APN 047-430-010) is a conditionally approved 5-lot, public street subdivision located on the south side of Keefer Road, approximately 1,200 feet east of State Route 99, within the North Chico Specific Plan area. The developer has complied with the Conditions of Approval, completed construction of the required improvements, and provided a letter of credit to guarantee the maintenance of the improvements for one year commencing July 13, 2004 - action requested - APPROVE THE FINAL MAP FOR THE MARTIN SUBDIVISION; ACCEPT ON BEHALF OF THE PUBLIC THE PUBLIC SERVICE EASEMENT AND PUBLIC UTILITY EASEMENT AS OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT; ACCEPT ON BEHALF OF THE COUNTY OF BUTTE, KEEFER ROAD AND ROBERTS COURT AS OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT; ACCEPT ON BEHALF OF THE COUNTY OF BUTTE, THE PUBLIC PEDESTRIAN/BIKE PATH AND STORM DRAIN EASEMENT AS OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT; ACCEPT ON BEHALF OF THE COUNTY OF BUTTE, THE EASEMENT FOR STORM DRAINAGE PURPOSES AS OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT; AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. 44. Holdrege & Kull - Amendment - approval is requested for an amendment to the agreement with Holdrege & Kull for the provision of construction quality assurance monitoring services for projects at the Neal Road Sanitary Landfill. The amendment revises the scope of work to include construction quality monitoring services for the leachate impoundment and sedimentation basin construction project, and increases the maximum amount payable by $54,907.13 (Neal Road Landfill Enterprise Fund) for the additional services. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X14770) 45. California State University, Chico - Amendment - approval is requested for an amendment to the revenue agreement with the California State University, Chico, for the provision of no- fare bus service on Butte County Transit for university faculty, students and staff. The amendment extends the term of the agreement through June 30, 2004, and sets the maximum amount reimbursable to the County for the program at $12,000 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. MINUTES PacE 12 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-002 46. URS Corporation - approval is requested for an agreement with URS Corporation for the provision of environmental monitoring and reporting services for the Neal Road Sanitary Landfill. The term of the agreement is July 1, 2004, through June 30, 2006, with a maximum amount payable of $126,538 (Neal Road Landfill Enterprise Fund and Septage Enterprise Fund). The agreement is the result of a Request For Proposal - action requested - APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 47. Kennedy/Jenks Consultants - approval is requested for an agreement with Kennedy/Jenks Consultants for the preparation of a Septage Management Plan. The term of the agreement is July 13, 2004, through December 30, 2005, with a maximum amount payable of $95,268 (Neal Road Septage Enterprise Fund). The agreement is the result of a Request For Proposal - action requested - APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 48. TGV Solid waste Services, Inc. - Amendment - approval is requested for an amendment to the agreement with TGV Solid waste Services, Inc., for preparation of a revised and updated Spill Prevention Control and Countermeasure Plan, a component of the landfill's Storm Water Pollution Prevention Plan. The amendment extends the term of the agreement through December 31, 2004, to allow additional time to complete the revision process. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 49. Offer of Dedication Summary Abandonment and Right-of-way Exchange - approval is requested for a resolution exchanging offer of right-of-way dedication V-2 road extension crossing Lot 1, Copra Subdivision, Book 85 Maps, Pages 70 and 71. The right-of-way exchange will allow the Palermo Union School District to construct a road to County Standards to access school property from Lower Wyandotte Avenue - action requested - ADOPT RESOLUTION 04-122 AND AUTHORIZE THE CHAIR TO SIGN. 50. 2003-2004 Exchange and State Match Program Agreement - approval is requested for an agreement with the State of California, Department of Transportation, which permits the Department of Transportation to exchange Regional Surface Transportation Program funds for non-federal funds, and allocate State matching monies from the State Highway Account to the department - action requested - ADOPT RESOLUTION 04-123 APPROVING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHAIR TO SIGN AGREEMENT SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MINUTES PacE 13 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-002 51. waste Tire Products - approval is requested for an agreement with waste Tire Products for recycling of electronic waste collected at the Neal Road Sanitary Landfill. The term of the agreement is July 1, 2004, through June 30, 2006, with a maximum amount payable of $100,000 (Neal Road Landfill Enterprise Fund/Household Hazardous waste Grant funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 52. California State University, Chico Research Foundation - approval is requested for an agreement with the California State University, Chico Research Foundation, for funds to operate the Recycling and Rubbish Exhibit (RARE). The term of the agreement is July 1, 2004, through June 30, 2006, with a maximum amount payable of $64,902 (Neal Road Landfill Enterprise Fund) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 53. Resolution Authorizing the Director of Public works to Act as Official Representative for Butte County in Nominating and Submitting Transportation Enhancement Activities Grant Projects - consideration of a resolution designating the Director of Public works as the County's Official Representative for projects submitted to the State for Transportation Enhancement Activities funding. The resolution is a required component of the application for funding - action requested - ADOPT RESOLUTION 04-124 AND AUTHORIZE THE CHAIR TO SIGN. 54. Resolution Authorizing the Director of Public works to Act as the Official Representative for Butte County in Nominating and Submitting Congestion Mitigation and Air Quality Grant Projects - consideration of a resolution designating the Director of Public works as the County's Official Representative for projects submitted to the State for Congestion Mitigation and Air Quality project funding. The resolution is a required component of the application for funding - action requested - ADOPT RESOLUTION 04-125 AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PacE 14 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-002 55. Resolution Directing Commencement of Procedures to Impose an Increased Annual Service Charge in County Service Area No. 82, and Setting a Public Hearing to Consider Such Charge - approval is requested for a resolution which will initiate proceedings required to increase the per parcel service charge in County Service Area No. 82 (Stirling City Sewer). The increase is needed as a result of increased fees charged by the State Regional water Quality Control Board for waste discharge permits. The current per parcel service charge is $10 + $131.50 per unit. The proposed increase will set the per parcel service charge at $50 + $157.62 per unit. The resolution sets a public hearing on September 14, 2004, at 10:35 a.m. to consider the increase - action requested - ADOPT RESOLUTION 04-126 DIRECTING COMMENCEMENT OF PROCEDURES TO IMPLEMENT AN INCREASED ANNUAL SERVICE CHARGE IN COUNTY SERVICE AREA NO. 82 (STIRLING CITY SEWER), AND SETTING THE PUBLIC HEARING FOR CONSIDERATION OF SUCH INCREASE FOR SEPTEMBER 14, 2004, AT 10:35 A.M. 56. Resolution Directing Commencement of Procedures to Impose New and/or Increased Annual Service Charges in County Service Area No. 163, and Setting a Public Hearing and Ballot Proceeding to Consider Such Charges - approval is requested for a resolution which will initiate proceedings required to establish a maximum per parcel service charge of $200 in County Service Area (CSA) No. 163 (Thorntree Industrial Park) The fee will be used to fund fire protection services within the CSA. The resolution sets a public hearing and ballot proceeding on September 14, 2004, at 10:30 a.m., to consider the increase - action requested - ADOPT RESOLUTION 04-127 DIRECTING COMMENCEMENT OF PROCEDURES TO IMPOSE A NEW AND/OR INCREASED ANNUAL SERVICE CHARGE IN COUNTY SERVICE AREA NO. 163 (THORNTREE INDUSTRIAL PARK), AND SETTING A PUBLIC HEARING AND BALLOT PROCEEDING FOR CONSIDERATION OF SUCH INCREASE FOR SEPTEMBER 14, 2004, AT 10:30 A.M. 57. County Service Area (CSA) No. 21-Zone 1 (Oakridge Sewer- Zone 1) - Budget Transfer - approval is requested for a transfer of $41.00 of fiscal year 2003-2004 funds from the CSA Designated Fund Balance to the CSA operating budget to provide the appropriation needed to pay for Environmental Health Department charges incurred in fiscal year 2003-2004 - action requested - APPROVE BUDGET TRANSFER B-523 (4 /5 vote required) TRANSFERRING, ACCEPTING AND APPROPRIATING FISCAL YEAR 2003-2004 FUNDS AS DETAILED IN THE AGENDA REPORT. MINUTES PacE 15 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-002 58. County Service Area (CSA) No. 34 (Gridley Swimming Pool) and County Service Area (CSA) No. 128 (wildflower Estates Subdivision) - Budget Transfers - approval is requested to transfer $4,000 from the CSA No. 34 Provision for Reserves/Designations fund to the CSA's fiscal year 2003-2004 operating budget to provide an appropriation to pay for work done to the wading pool, and a transfer of $500 from the CSA No. 128 Provision for Reserves/Designations fund to the CSA's fiscal year 2003-2004 operating budget to provide an appropriation to pay for drainage system improvements - action requested - APPROVE BUDGET TRANSFER B-524 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. 59. County Service Area (CSA) No. 82 (Stirling City Sewer - Loan Request - approval is requested for a loan of $3, 000 from the CSA Revolving Loan Fund to CSA No. 82 for fiscal year 2003- 2004, to provide funds needed to pay for increases in wastewater discharge permit fees. The loan will be reimbursed to the Revolving Loan Fund within 10 years - action requested - ADOPT RESOLUTION 04-128 APPROPRIATING MONIES FROM THE COUNTY SERVICE AREA REVOLVING LOAN FUND TO COUNTY SERVICE AREA NO. 82 AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-525 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 60. County Service Area (CSA) No. 34 (Gridley Swimming Pool) - approval is requested for an agreement with the Butte County Fair Association for operation, maintenance, repair and upkeep of the Gridley Swimming Pool. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $46,345. To provide for the funding advance available under the contract, Board approval is also requested for a loan from the County Service Area Revolving Loan Fund in the amount of $25,500. The loan will be repaid prior to the end of the fiscal year - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL; AND ADOPT RESOLUTION04-129 APPROPRIATING MONIES FROM THE COUNTY SERVICE AREA REVOLVING LOAN FUND AND AUTHORIZE THE CHAIR TO SIGN. 61. Equipment Donation - pursuant to Government Code Section 25355, a donation of a 1989 Ford ambulance, valued at $10,000, has been received from First Responder Emergency Medical Services. The vehicle will be utilized by the Butte Interagency Narcotics Task Force - action requested - ACCEPT DONATION OF FIXED ASSET ITEM AND AUTHORIZE A LETTER OF APPRECIATION. MINUTES PacE 16 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-002 62. Butte County Department of Public works/Butte County Sheriff's Office - approval is requested for Memoranda of Understanding (2) with the Department of Public works regarding the inmate labor programs. The first agreement covers the labor program county wide, with a maximum amount payable of $80,000 (department budget) per fiscal year. The second agreement covers the labor program for the Solid waste Division, with a maximum amount payable of $35,000 (department budget) per fiscal year. The term of both agreements is July 1, 2004,through June 30, 2006 - action requested - APPROVE AGREEMENTS (2) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER; APPROVE BUDGET TRANSFER B-003 ACCEPTING AND APPROPRIATING FISCAL YEAR 2004-2005 FUNDS BETWEEN DEPARTMENTS AS DETAILED IN THE AGENDA REPORT; AND APPROVE AMENDMENTS TO THE DEPARTMENTS' FISCAL YEAR 2004-2005 PROPOSED BUDGETS TO INCORPORATE THIS ACTION (4/5 vote required). 63. Monthly Investment Report - in accordance with Butte County Statement of Investment Policy dated July 1, 2004, submitted is the Monthly Investment Report dated May 28, 2004 - action requested - ACCEPT FOR INFORMATION. 64. Nandi-Riders - Request for waiver of Fees - pursuant to Butte County Code Section 3-40.5, Nandi-Riders, a public non-profit organization dedicated to serving the special needs of the physically and mentally challenged with therapeutic horseback riding, is requesting the Board waive the Use Permit Fee and other fees associated with the construction of an in-door riding arena - action requested - FIND THAT HANDI-RIDERS IS A PUBLIC NON-PROFIT ORGANIZATION, AND THAT IT IS IN THE PUBLIC INTEREST TO WAIVE THE FEES ASSOCIATED WITH ITS APPLICATION FOR A QUASI-PUBLIC USE PERMIT, AND RELATED PROJECT APPLICATIONS, PURSUANT TO BUTTE COUNTY CODE SECTION 3-40.5. 65. Upham Cemetery District - action requested - REAPPOINT ERIC MANLEY AND MARVIN CARSON, TRUSTEES, TO TERMS TO END JULY 1, 2008, AND REAPPOINT RAMON LEFEVRE, TRUSTEE, TO A TERM TO END JULY 1, 2006. 66. Kimshew Cemetery District - action requested - APPOINT DON DOYLE, TRUSTEE, TO A TERM TO END JULY 1, 2008, AND REAPPOINT JEAN CRIST, TRUSTEE, TO A TERM OF END JULY 1, 2008. 67. Oroville Veterans Memorial Hall - action requested - APPOINT/REAPPOINT CHARLES ROBERTSON, DELEGATE AND BILL CONNELLY, ALTERNATE, AMERICAN LEGION, POST 95; STAN RINEHART, DELEGATE AND JIM AUSTIN, ALTERNATE, VETERANS OF FOREIGN WARS, POST 9602; AND ROBERT SIMPSON, DELEGATE AND ROLAND STRANG, ALTERNATE, VETERANS OF FOREIGN WARS, POST 1747. ALL APPOINTMENTS ARE FOR THE TERM OF JULY 1, 2004, THROUGH JUNE 30, 2005. MINUTES PacE 17 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-002 68. Farm, Home & 4-H Advisor - the University of California- Division of Agriculture and Natural Resources, notifies the Board that it has appointed Susan Donohue to assume the duties of Director of the Cooperative Extension Program in Butte County. Bill Olson retired from the position in June 2004 - action requested - ACCEPT FOR INFORMATION. (63) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.02, 3.56 AND 3.69. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) CHAIR BEELER PRESENTS A RESOLUTION TO ROBERT DOBIS UPON HIS RETIREMENT FROM THE PUBLIC WORKS DEPARTMENT. CHAIR BEELER PRESENTS A RESOLUTION TO ROBERT DOBIS UPON HIS RETIREMENT FROM THE PUBLIC WORKS DEPARTMENT. CHAIR BEELER PRESENTS A RESOLUTION TO ROBERT DOBIS UPON HIS RETIREMENT FROM THE PUBLIC WORKS DEPARTMENT. REGULAR AGENDA 0413-003 Boards, Commissions and Committees. (329) 1. Appointments to Listed Vacancies. (NONE) 2. Board Member or Committee Reports. (NONE) 0413-004 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. (336) PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, ACKNOWLEDGED THE NEW PICTURES HANGING IN BOARD ROOM. THE PICTURES ARE OF VARIOUS AREAS OF THE COUNTY AND WERE TAKEN BY LARGE FORMAT PHOTOGRAPHER KENNETH PARKER. THE BOARD WAS ALSO PROVIDED WITH AN UPDATE ON THE STATUS OF THE STATE BUDGET. 0413-005 Proposed County Ordinance Prohibiting Growing of Genetically Engineered Organisms in Butte County - submitted is the County Clerk's Certificate to Initiative Petition, certifying the results of the examination of the petition entitled "County Ordinance Prohibiting Growing of Genetically Engineered Organisms". Following certification of sufficiency, the Board may consider action on the initiative pursuant to Elections Code Section 9118 - actions requested: 1. ACCEPT THE CERTIFICATION OF SUFFICIENCY; AND 2. EITHER ADOPT THE ORDINANCE WITHOUT ALTERATION; OR MINUTES PAGE 18 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-005 3. DIRECT STAFF TO PREPARE A RESOLUTION TO PLACE THE PROPOSED ORDINANCE ON THE NOVEMBER 2, 2004, GENERAL ELECTION BALLOT; OR 4. REQUEST A REPORT PURSUANT TO ELECTIONS CODE SECTION 9111. (825) MOTION: I MOVE TO ACCEPT THE CERTIFICATION OF SUFFICIENCY AND DIRECT STAFF TO PREPARE A RESOLUTION TO PLACE THE PROPOSED ORDINANCE ON THE NOVEMBER 2, 2004, GENERAL ELECTION BALLOT. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: 10:26 A.M. RECONVENE : 10:3 4 A . M . REGULAR AGENDA 0413-006 Sacramento River National wildlife Refuge - presentation regarding the Draft Comprehensive Conservation Plan (CCP) and Environmental Assessment (EA) for the Sacramento River National wildlife Refuge. The CCP and EA describe and evaluate three alternatives for management of the refuge over the next fifteen years - action requested - ACCEPT FOR INFORMATION. (2896) PRESENTATION TO THE BOARD BY KEVIN FOERSTER, REFUGE MANAGER, U.S. FISH AND WILDLIFE SERVICE. 0413-007 Supplemental Local Government Sales Tax - consideration of the actions required to place an ordinance implementing a half-cent sales tax, and an advisory measure recommending sales tax expenditure priorities on the ballot for the November 2, 2004, election for County voter consideration. The ordinance is being proposed to fund public safety - actions requested: 1 . INTRODUCE AND WAIVE THE READING OF AN ORDINANCE OF THE COUNTY OF BUTTE PROPOSING A ONE-HALF CENT SALES TAX. WITHIN THAT ORDINANCE, ADD SECTION 21A-4 WHICH PROVIDES THAT DURING THE COUNTYWIDE ELECTION TO BE HELD IN MARCH 2008, THE QUESTION OF WHETHER OR NOT TO CONTINUE ONE-QUARTER OF ONE PERCENT SALES AND USE TAX SHOULD CONTINUE BEYOND APRIL 1, 2008 (IDENTIFIED AS OPTION 2 IN THE DRAFT ORDINANCE) (4/5 vote required); AND 2. ADOPT A RESOLUTION DECLARING AN EMERGENCY WITHIN THE COUNTY OF BUTTE, CALLING AN ELECTION REGARDING IMPOSITION OF A SUPPLEMENTAL SALES TAX, AND CONSOLIDATING THE ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, AND AUTHORIZE THE CHAIR TO SIGN (unanimous vote required); AND MINUTES PacE 19 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-007 3. ADOPT A RESOLUTION SETTING AN ADVISORY MEASURE ON THE BALLOT FOR THE NOVEMBER 2, 2004, ELECTION RECOMMENDING SALES TAX EXPENDITURE PRIORITIES; AND CONSOLIDATING THE ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, AND AUTHORIZE THE CHAIR TO SIGN. (3073) (**00) MOTION: INTRODUCE AND WAIVE THE READING OF AN ORDINANCE OF THE COUNTY OF BUTTE PROPOSING A ONE-HALF CENT SALES TAX. WITHIN THAT ORDINANCE, ADD SECTION 21A-4 WHICH PROVIDES THAT DURING THE COUNTYWIDE ELECTION TO BE HELD IN MARCH 2008, THE QUESTION OF WHETHER OR NOT TO CONTINUE ONE-QUARTER OF ONE PERCENT SALES AND USE TAX SHOULD CONTINUE BEYOND APRIL 1, 2008 (IDENTIFIED AS OPTION 2 IN THE DRAFT ORDINANCE). S M VOTE: l Y 2 Y 3 Y 4 N 5 N (Motion Carried) RECESS: 11:39 A.M. RECONVENE : 11:5 3 A . M . REGULAR AGENDA 0413-008 Award of Agreement for Countywide Tourism Marketing - approval is requested to award an agreement for the countywide tourism marketing program to a proposed collaboration of the Chico Chamber of Commerce, Oroville Chamber of Commerce and Shasta Cascade wonderland Association. The recommendation for award is the result of a competitive selection process with the Chico Chamber of Commerce/Oroville Chamber of Commerce/Shasta Cascade wonderland Association proposal receiving the highest score from the evaluation committee. The term of the agreement is July 1, 2004, through June 30, 2007, and provides for a $40,000 per year allocation, with a cap of $13,250 per year in administrative expenditures. Program funding is provided by unincorporated area transit occupancy tax revenue - action requested - AWARD AGREEMENT TO CHICO CHAMBER OF COMMERCE/OROVILLE CHAMBER OF COMMERCE/SHASTA CASCADE WONDERLAND ASSOCIATION AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (FROM 6-22-04 [3.63]) (1900) MOTION: I MOVE TO AWARD THE AGREEMENT TO THE BUTTE COUNTY ECONOMIC DEVELOPMENT CORPORATION. S M VOTE: l Y 2 Y 3 N 4 Y 5 Y (Motion Carried) BOARD DIRECTION TO THE ADMINISTRATIVE OFFICE TO NEGOTIATE AN AGREEMENT WITH BUTTE COUNTY ECONOMIC DEVELOPMENT CORPORATION FOR THIS ITEM. MINUTES PAGE 20 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-009 Request for Resolution Relating to School Facilities Improvement Districts - consideration of a request to have the Board, by resolution, make Chapter 3 (commencing with Section 15300) of Part 10 of Division 1 of Title 1 of the California Education Code applicable in Butte County - action requested - SHOULD THE BOARD CHOOSE TO ADOPT A RESOLUTION TO ALLOW FORMATION OF SCHOOL FACILITIES IMPROVEMENT DISTRICTS, THE BOARD SHOULD ADOPT AND AUTHORIZE THE CHAIR TO SIGN ONE OF THE FOLLOWING TWO RESOLUTIONS: 1. RESOLUTION ALLOWING FORMATION OF SCHOOL FACILITIES IMPROVEMENT DISTRICTS TO ALL SCHOOL DISTRICTS IN THE COUNTY; OR 2. RESOLUTION LIMITING FORMATION OF SCHOOL FACILITIES IMPROVEMENT DISTRICTS TO THE GRIDLEY UNIFIED SCHOOL DISTRICT. (**2510) MOTION: I MOVE TO ADOPT RESOLUTION 04-130 ALLOWING FORMATION OF SCHOOL FACILITIES IMPROVEMENT DISTRICTS TO ALL SCHOOL DISTRICTS IN THE COUNTY. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 0413-010 Items Removed from the Consent Agenda for Board Consideration and Action. (2706) MR. MCINTOSH CLARIFIED THAT THE BEHAVIORAL HEALTH DEPARTMENT MADE AN ERROR IN ITEMS REMOVED FROM THE CONSENT AGENDA. THEY WISHED TO REMOVE 3.02 FROM THE CONSENT AGENDA WHICH IS THE AGREEMENT FOR VICTOR TREATMENT CENTERS, INC. THAT AGREEMENT WILL BE REVISED AND RETURNED. THE AMENDMENT FOR VICTOR MLOTOK, ITEM 3.11, IS TO BE APPROVED. 2. Victor D. Mlotok, M.D. - Amendment - approval is requested for an amendment to the fiscal year 2003-2004 agreement with Victor D. Mlotok, M.D., for the provision of professional services in the specialized field of psychiatry, and oversight of medical care for department clients. The amendment increases the maximum amount payable by $7,000 (department budget) for additional services provided in 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. X14935) . MOTION: I MOVE TO REVISE THE ACTION ON ITEM 3.02, REMOVING IT FROM THE CONSENT AGENDA WITHOUT ACTION, AND TO APPROVE THE AGREEMENT AMENDMENT, ITEM 3.11 ON THE CONSENT AGENDA, AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MINUTES PacE 21 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 RECESSED AT 12:12 P.M. AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND CONVENED AS THE THOMPSON FLAT CEMETERY DISTRICT BOARD OF DIRECTORS. THOMPSON FLAT CEMETERY DISTRICT BOARD OF DIRECTORS MINUTES ~TULY 13 , 2 0 0 4 Called to order at 12:12 p.m., in the Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Board members present: Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler. Also present: Marion Reeves, Deputy Clerk. (**2785) Acrenda Items 0401-001 Gridley-Biggs Cemetery District - approval is requested for an agreement with the Gridley-Biggs Cemetery District for operation and maintenance of the Thompson Flat Cemetery. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $1,200 - 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 AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Public Comment 0401-002 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. (**2799) (NONE) Adjournment Adjourned at 12:13 p.m., as the Thompson Flat Cemetery District Board of Directors and convened as the In-Home Supportive Services Public Authority Board. MINUTES PacE 22 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD MINUTES ~TULY 13 , 2 0 0 4 Called to order at 12:13 p.m., in the Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Board members present: Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler. Also present: Marion Reeves, Deputy Clerk. (**2813) Agenda Items 0404-001 Adoption of Fiscal Year 2004-2005 Proposed Budget - consideration of the Authority's operating budget for fiscal year 2004-2005. The recommended budget is $344,869 - action requested - ADOPT FISCAL YEAR 2004-2005 PROPOSED BUDGET. MOTION: I MOVE TO ADOPT THE FISCAL YEAR 2004-2005 PROPOSED BUDGET. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Public Comment 0404-002 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. (**2847) (NONE) Adjournment Adjourned at 12:14 p.m., as the In-Home Supportive Services Public Authority Board and reconvened as the Butte County Board of Supervisors. MINUTES PacE 23 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 PUBLIC HEARINGS AND TIMED ITEMS 0413-011 Public Hearing - Map Services Fees - consideration of a proposed ordinance amending Section 2-11.3 of the Butte County Code regarding certain fees chargeable by the County Clerk-Recorder's Office. The ordinance would add fees for historic map images on CD-Rom, a map image update service on CD-Rom, and an on-line map indexing program with search capabilities hook-up and monthly access - action requested - AT THE REQUEST OF THE COUNTY CLERK/RECORDER, OPEN HEARING AND CONTINUE OPEN TO AUGUST 3, 2004, AT 10:40 A.M. (**2873) PUBLIC HEARING OPENED AT 12:14 P.M., AND CONTINUED OPEN TO AUGUST 3, 2004, AT 10:40 A.M. 0413 - 012 CLOSED SESSION RECESS: THE BOARD RECESSED AT 12:16 P.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. (**2931) RECONVENE: THE BOARD RECONVENED AT 1:05 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. (**2955) (NO ANNOUNCEMENTS) MINUTES PAGE 24 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 PUBLIC HEARINGS AND TIMED ITEMS 0413-013 Public Hearing - Implementation of Resolution 98-172, a Resolution Amending the North Chico Specific Plan - on December 1, 1998, the Board of Supervisors passed and adopted Resolution 98-172 amending the North Chico Specific Plan to include a PD - Planned Development Combining Zone and to change land use designations for property owned by Robert and Ann Stephens from SR-1/OS (Suburban Residential/Open Space) and OS (Open Space) to SR-1/PD (Suburban Residential 1-acre parcels, Planned Development Combining Zone) and OS/PD (Open Space, Planned Development Combining Zone). The Resolution approved the revision of texts, exhibits, and tables to reflect the changes under the Specific Plan Amendment. The revisions are being provided to the Board to complete the implementation of Resolution 98-172. The Board of Supervisors will also be considering options for a maximum building coverage limitation (as specified under North Chico Specific Plan Table 7-2 Summary of Zone District Development Standards) for the Planned Development Combining Zone because the existing development standard for the Planned Development Combining Zone does not specify a maximum building coverage limitation - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. FIND THAT AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION WERE PERFORMED FOR THIS PROJECT AND APPROVED BY THE BOARD OF SUPERVISORS ON DECEMBER 1, 1998; THAT THIS PROJECT IS IMPLEMENTING CHANGES TO THE NORTH CHICO SPECIFIC PLAN THAT WERE AUTHORIZED UNDER THE DECEMBER 1, 1998, APPROVAL AND, THEREFORE, NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED; AND FIND THAT STAFF REVIEWED THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE NORTH CHICO SPECIFIC PLAN FOR POTENTIAL ENVIRONMENTAL ISSUES ASSOCIATED WITH CHANGING THE DEVELOPMENT STANDARDS FOR THE PLANNED DEVELOPMENT COMBINING ZONE AND DID NOT FIND ANY CONFLICT WITH THE IMPACTS AND MITIGATION MEASURES AS SET FORTH IN THE FINAL EIR OR THE DECEMBER 1, 1998, MITIGATED NEGATIVE DECLARATION; 2. AMEND TABLE 7-2, SUMMARY OF ZONE DISTRICT DEVELOPMENT STANDARDS, AS PER OPTION B, CONCERNING THE PLANNED DEVELOPMENT COMBINING ZONE'S DEVELOPMENTS STANDARDS. OPTION B WILL REVISE TABLE 7-2 WITHIN THE NORTH CHICO SPECIFIC PLAN AS SHOWN IN ATTACHMENT F OF THE STAFF REPORTED DATED JULY 13, 2004, AND ADD TABLE 7-2 (a) AS SHOWN IN ATTACHMENT G OF THE STAFF REPORT DATED JULY 13, 2004; AND 3. ACCEPT ALL THE REVISIONS TO THE TEXT, EXHIBITS, AND TABLES OF RESOLUTION 98-172 AND DIRECT STAFF TO INCORPORATE THE REVISIONS INTO ALL PRINT AND ELECTRONIC COPIES OF THE NORTH CHICO SPECIFIC PLAN. (**2958) (***00) PUBLIC HEARING OPENED AT 1:05 P.M., AND CONTINUED OPEN TO AUGUST 17, 2004, AT 1:30 P.M., TO ALLOW STAFF ADDITIONAL TIME TO RESOLVE OUTSTANDING LEGAL QUESTIONS. MINUTES PAGE 25 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-014 Continued Public Hearing - Steve Schuster - Tentative Subdivision Map Appeal (Sierra Moon Subdivision) - 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. Consideration of a proposed Tentative Subdivision Map to create 118 (revised from 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 118 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. A 70.15- 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 Lane and Mud Creek, and a total of approximately 32 acres of open space would 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 public 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 - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF REPORT DATED JULY 13, 2004, DENY THE APPEALS AND APPROVE A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; 2. FIND THAT THIS PROJECT WILL HAVE AN IMPACT TO FISH AND/OR WILDLIFE HABITAT AND APPROVE THE COLLECTION OF DEPARTMENT OF FISH AND GAME FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4 AND CCR 753.5; AND 3. SUBJECT TO FINDINGS III(A-G) AS DETAILED IN THE STAFF REPORT DATED JULY 13, 2004, AND THE CONDITIONS OF APPROVAL DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED JULY 13, 2004, DENY THE APPEALS AND APPROVE TENTATIVE SUBDIVISION MAP 03-O1 FOR STEPHEN J. SCHUSTER (APN 047-710-001). (FROM MARCH 23, 2004 [5.08] /DB [TSM 03-O1] ) (***41) PUBLIC HEARING RECONVENED AT 1:18 P.M., AND CONTINUED OPEN TO AUGUST 17, 2004, AT 1:35 P.M., TO ALLOW STAFF ADDITIONAL TIME TO ADDRESS OUTSTANDING LEGAL QUESTIONS. MINUTES PAGE 26 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. 0413-015 Sheridan Mitigation Bank - approval is requested for an agreement with the Sheridan Mitigation Bank for the purchase of wetland Mitigation Credits. Construction of a storm water retention basin and leachate containment pond at the Neal Road Sanitary Landfill will require the use of approximately 5.01 acres of wetlands under the jurisdiction of the U.S. Army Corps of Engineers. The County has obtained a Letter of Permission from the Corps granting use of the wetlands, authorizing the County to mitigate the use/loss of the wetlands through the purchase of 2.01 acres of seasonal wetland habitat credits from an approved wetland mitigation bank, and requiring a conservation easement and monitoring of on-site mitigation and preservation. The cost of 2.01 acres of seasonal wetland habitat credits is $90,450 (Neal Road Landfill Management Fund). The costs associated with the establishment of a conservation easement and on-site mitigation monitoring will not exceed $15,000 (Neal Road Landfill Management Fund) - action requested - APPROVE AGREEMENT FOR WETLAND MITIGATION CREDITS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO NEGOTIATE AND EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE REQUIREMENTS REGARDING MITIGATION MONITORING AND PRESERVATION AS DETAILED IN THE STAFF REPORT. (***79) MOTION: I MOVE TO APPROVE THE AGREEMENT FOR WETLAND MITIGATION CREDITS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO NEGOTIATE AND EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE REQUIREMENTS REGARDING MITIGATION MONITORING AND PRESERVATION AS DETAILED IN THE STAFF REPORT. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) PUBLIC COMMENT 0413-015 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. (***475) 1. SEAN MICHAELS ADDRESSED THE BOARD REGARDING IMPACT FEES FOR INFRASTRUCTURE AND A COUNTY-WIDE EROSION CONTROL ORDINANCE. 2. D. C. JONES ADDRESSED THE BOARD TO DISCUSS THE POSSIBILITY OF A MELLO-RODS DISTRICT, TO INFORM THE BOARD THAT THE COUNTY'S APPLICATION TO JOIN THE CENTRAL SACRAMENTO VALLEY RESOURCE CONSERVATION AND DEVELOPMENT AREA COUNCIL HAS BEEN APPROVED BUT IT AWAITING SIGNATURE, AND TO REQUEST A BOARD MEMBER REPRESENTATIVE BE APPOINTED TO ATTEND LOCAL MEETINGS OF THE RESOURCE CONSERVATION AND DEVELOPMENT AREA COUNCIL'S MEETINGS. MINUTES PAGE 27 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 0413-015 3. DAVID PALMERLEE ADDRESSED THE BOARD REGARDING THE GENERAL PLAN, THE AWARDING OF THE CONTRACT FOR TOURISM, AND THE LOCAL PUBLIC SAFETY TAX ISSUE. CLOSED SESSION 0413-016 RECESS: THE BOARD RECESSED AT 1:52 P.M., TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(0): ONE POTENTIAL CASE; CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9: WRIGHT BRADFORD V. COUNTY OF BUTTE, UNITED STATES DISTRICT COURT CASE NO. CIV 5-99- 1485; AND PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: AGRICULTURAL COMMISSIONER, DIRECTOR-BEHAVIORAL HEALTH, CHIEF ADMINISTRATIVE OFFICER, CHIEF PROBATION OFFICER, COUNTY COUNSEL, DIRECTOR-CHILD SUPPORT SERVICES, DIRECTOR-DEVELOPMENT SERVICES, DIRECTOR- EMPLOYMENT AND SOCIAL SERVICES, DIRECTOR-HUMAN RESOURCES, DIRECTOR-INFORMATION SYSTEMS, DIRECTOR-LIBRARIES, DIRECTOR-PUBLIC HEALTH, DIRECTOR-PUBLIC WORKS, AND DIRECTOR-WATER AND RESOURCE CONSERVATION. (***1189) RECONVENE : THE BOARD RECONVENED AT 3 : 44 P . M . , FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(0): ONE POTENTIAL CASE; CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9: WRIGHT BRADFORD V. COUNTY OF BUTTE, UNITED STATES DISTRICT COURT CASE NO. CIV 5-99- 1485; AND PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: AGRICULTURAL COMMISSIONER, DIRECTOR-BEHAVIORAL HEALTH, CHIEF ADMINISTRATIVE OFFICER, CHIEF PROBATION OFFICER, COUNTY COUNSEL, DIRECTOR-CHILD SUPPORT SERVICES, DIRECTOR-DEVELOPMENT SERVICES, DIRECTOR- EMPLOYMENT AND SOCIAL SERVICES, DIRECTOR-HUMAN RESOURCES, DIRECTOR-INFORMATION SYSTEMS, DIRECTOR-LIBRARIES, DIRECTOR-PUBLIC HEALTH, DIRECTOR-PUBLIC WORKS, AND DIRECTOR-WATER AND RESOURCE CONSERVATION. (***1230) CLOSED SESSION MINUTES ANNOUNCEMENT: BY UNANIMOUS VOTE THE BOARD OF SUPERVISORS APPROVED A CONTRACT EXTENSION FOR THE DIRECTOR- WATER AND RESOURCE CONSERVATION, TO EXPIRE ON AUGUST 21, 2006, AND A CONTRACT EXTENSION FOR THE DIRECTOR-PUBLIC WORKS, TO AUGUST 28, 2007. PacE 28 JULY 13, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 13, 2004 ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 3:45 P.M., TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, AUGUST 3, 2004, AT 9:00 A.M. R.J. BEELER, CHAIR ORIGINAL SIGNED IN 2005 BY KIM K. YAMAGUCHI, CHAIR ATTEST: Paul McIntosh, Chief Administrative Officer and Clerk of the Board By: MINUTES PAGE 29 JULY 13, 2004