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HomeMy WebLinkAboutM090903BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 9, 2003 Called to order at 9:04 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 - the Board would like to take this opportunity to honor and remember all those whose lives were lost as a result of the tragic terrorists attacks of September 11, 2001. Our thoughts and prayers go out to the families and friends of those who were taken as they face the day of remembrance. CORRECTIONS AND~OR CHANGES TO THE AGENDA (4 6) 0 3 - 2 4 2 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. 1. Sierra Nevada Forest Plan Amendment - Supervisor Yamaguchi submits a resolution requesting Regional Forester Blackwell to immediately analyze and select a sustainable alternative for the Sierra Nevada Forest Plan Amendment that meets the social, economic, environmental and fire protection concerns of the citizens and businesses in Butte County - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. CONSENT AGENDA 03-243 1. Resolution Authorizing Representative for the Open Space Subvention Act - approval is requested for a resolution which will designate Blake Bailey, Senior Appraiser, as the County's authorized representative for the purpose of signing and certifying the requests for payment from the State under the Open Space Subvention Act (Williamson Act) - action requested - ADOPT RESOLUTION 03-135 AND AUTHORIZE THE CHAIR TO SIGN. 2. William R. Halloran, M.D. - approval is requested for an agreement with William R. Halloran, M.D., for the provision of psychiatric medicine support services to Youth Services clients. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $49,500 (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 SEPTEMBER 9, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 9, 2003 03-243 3. Kevin W. Chan, M.D. - Amendment - approval is requested for an amendment to the agreement with Kevin W. Chan, M.D., for the provision of services in the specialized field of psychiatry. The amendment increases the maximum amount payable by $2,646.90 (department budget) as a result of an increased need for 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. X13514) 4. Oroville Recovery Center - Amendment - approval is requested for an amendment to the agreement with Oroville Recovery Center for the provision of long-term residential recovery services for Drug Court clients. The amendment incorporates a revision to the references regarding Transitional Beds, and revises the Service Summary. 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. X13764) 5. Butte County Probation Department/Butte County Department of Behavioral Health - Amendment - approval is requested for an amendment to the Memorandum of Understanding with the Butte County Probation Department for the assignment of three part- time Probation Officers to the Inter-Agency Services Placement Unit. The amendment extends the term of the agreement through June 30, 2004, and sets the maximum amount payable at $10,000 (department budget) for fiscal year 2003- 2004 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13369) 6. California Mental Health Directors Association - Amendment - approval is requested for an amendment to the agreement with the California Mental Health Directors Association which provides access to medically necessary specialty mental health services for adolescents who are placed outside the County for treatment and are receiving Medi-Cal benefits. The amendment extends the term of the agreement through fiscal year 2003-2004, sets the maximum amount payable at $10,000 (department budget) for the extended term, and includes confidentiality language to comply with Health Insurance Portability and Accountability Act requirements. In order to implement the program, the Board must also authorize the State Department of Mental Health to withhold and transfer Medi-Cal Managed Care Funds in the amount of $10,000 to the California Mental Health Directors Association - action requested - ADOPT RESOLUTION 03-136 APPROVING PARTICIPATION IN THE PROGRAM AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11598) MINUTES PAGE 1 SEPTEMBER 9, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 9, 2003 03-243 7. Olive Vista Mental Health Center - approval is requested for an agreement with Olive Vista Mental Health Center for the provision of community mental health services for chronic mentally disordered patients. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $25,915 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 8. FamiliesFirst, Inc. - approval is requested for an agreement with FamiliesFirst, Inc., for the provision of a day treatment rehabilitation program. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $29,120 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 9. Feather River Tribal Health, Inc. - approval is requested for an agreement with Feather River Tribal Health, Inc., for the provision of mental health services to children receiving Medi-Cal benefits. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $172,998 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 10. 7th Avenue Center - approval is requested for an agreement with 7th Avenue Center for the provision of services to clients who require 24-hour skilled nursing services. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $115,213.75 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 11. Resolution Proclaiming the Month of September 2003 as National Alcohol and Drug Addiction Recovery Month in Butte County - action requested - ADOPT RESOLUTION 03-137 AND AUTHORIZE THE CHAIR TO SIGN. 12. Resolution Proclaiming National Prisoner of War (POW)/Missing In Action (MIA) Recognition Day in Butte County - Supervisor Beeler submits a resolution recognizing the third Friday of every September as National POW/MIA Recognition Day in Butte County, honoring our country's POW/MIAs for their service and sacrifice - action requested - ADOPT RESOLUTION 03-138 AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PAGE 2 SEPTEMBER 9, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 9, 2003 03-243 13. NorthStar Engineering - Amendment - approval is requested for an amendment to the agreement with NorthStar Engineering for the provision of services in support of the Chico Urban Area Nitrate Compliance Program and Small Communities Grant. The amendment extends the term of the agreement through April 30, 2004, and revises the scope of work to include identifying utilities and right-of-way requirements for the project. The maximum amount payable is not being amended. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13251) 14. Public Financial Management, Inc. - Amendment - approval is requested for an amendment to the agreement with Public Financial Management, Inc., for the preparation of financial planning documents for State loan and grant applications in support of the Chico Urban Area Nitrate Compliance Program. The amendment extends the term of the agreement through February 28, 2004. The maximum amount payable is not being amended. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11441) 15. Board Calendar Modification - at the request of the Chief Administrative Officer, approval is requested to set a special meeting for Tuesday, September 30, 2003, at 9:00 a.m., for the purpose of adopting the Fiscal Year 2003-2004 Butte County Final Budget as required by law - action requested - SET A SPECIAL MEETING FOR TUESDAY, SEPTEMBER 30, 2003, AT 9:00 A.M. 16. Paradise Memorial Hall Committee - action requested - APPOINT CARROLL TRADER, DISABLED AMERICAN VETERANS ALTERNATE, TO A VACATED TERM TO END JUNE 30, 2004. 17. Biggs Memorial Hall Committee - action requested - REAPPOINT ANTONIO AIRISA AND NORRIS ANDERSON, UNITED STATES AIR FORCE REPRESENTATIVES; ERNEST HOHMAN, JR., UNITED STATES NAVY REPRESENTATIVE; MIKE MCDONALD AND FRANK MATHAUSER, UNITED STATES ARMY REPRESENTATIVES; CLARENCE WILLIAMS, NATIONAL GUARD REPRESENTATIVE; AND LEE AIRISA, WOMEN'S CLUB REPRESENTATIVE; TO TERMS TO END JUNE 30, 2004. 18. Chico Memorial Hall Committee - action requested - REAPPOINT CHUCK WHITTEN, VETERANS OF FOREIGN WARS DELEGATE; RAY NORBY AND NORMAN COLE, VETERANS OF FOREIGN WARS ALTERNATES; JAMES CARD, SEA CADETS DELEGATE; GLEN W. MCCORD, AMERICAN LEGION DELEGATE; V.H. "VARY" VARTABEDIAN, AMERICAN LEGION ALTERNATE; JACK KOHLBUSH, DISABLED AMERICAN VETERANS DELEGATE; AND KEN MANTLE, DISABLED AMERICAN VETERANS ALTERNATE; TO TERMS TO END JUNE 30, 2004. MINUTES PAGE 3 SEPTEMBER 9, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 9, 2003 03-243 19. Gridley Memorial Hall Committee - action requested - REAPPOINT TIM TOKUNO, SAM MCKEY, AND DALE ERICKSON, VETERANS OF FOREIGN WARS REPRESENTATIVES; RAY L. ROBERT S, NORTH VALLEY SENIOR DANCE GROUP REPRESENTATIVE; AND GENE W. SALCA, AMERICAN LEGION REPRESENTATIVE; TO TERMS TO END JUNE 30, 2004. 20. Oroville Memorial Hall Committee - action requested - REAPPOINT BILL CONNELLY, AMERICAN LEGION REPRESENTATIVE; CHARLES ROBERTSON, AMERICAN LEGION ALTERNATE; STAN RINEHART AND ROBERT SIMPSON, VETERANS OF FOREIGN WARS REPRESENTATIVES; AND JIM AUSTIN AND ROLAND STRANG, VETERANS OF FOREIGN WARS ALTERNATES; TO TERMS TO END JUNE 30, 2004. 21. Special District Appointments in Lieu of Election - submitted is a list of special districts wherein the number of persons who filed a declaration of candidacy for the November 4, 2003, General District Election did not exceed the number of offices to be filled. Pursuant to California Elections Code Section 10515, approval is requested to appoint and declare elected the list of nominees - action requested - APPOINT AND DECLARE ELECTED MARILYN J. CALVO, DIRECTOR, BERRY CREEK COMMUNITY SERVICES DISTRICT (4 YEAR TERM); AND AUDREY G. STEPHENS, GREGORY A. STEPHENS, AND GARY A. STONE, DIRECTORS, RICHVALE SANITARY DISTRICT (4 YEAR TERMS) . 22. Linhart Peterson Powers Associates - Amendment - approval is requested for an amendment to the agreement with Linhart Peterson Powers Associates for the provision of plan review services for single family home applications. The amendment increases the maximum amount payable by $25,001 (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. X14319) 23. Federal Equitable Sharing Annual Certification Report - approval is requested for the Annual Certification Report to be submitted to the United States Department of Justice and the United States Department of Treasury. The report provides a summary of the equitable sharing activities for the District Attorney's Office for fiscal year 2002-2003 - action requested - APPROVE ANNUAL CERTIFICATION REPORT AND AUTHORIZE THE CHAIR AND THE DISTRICT ATTORNEY TO SIGN. MINUTES PAGE 4 SEPTEMBER 9, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 9, 2003 03-243 24. Butte County Department of Public Health/Butte County Department of Employment and Social Services - approval is requested for a Memorandum of Understanding with the Butte County Department of Public Health for the provision of alcohol and drug testing services. The term of the agreement is July 1, 2003, through June 30, 2006, with a maximum amount payable of $80,000 (department budget) per fiscal year - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14411) 25. Butte County Child Abuse Prevention Council - approval is requested for an agreement with the Butte County Child Abuse Prevention Council for the provision of services in various areas. The council provides an annual conference for families and professionals, directs the campaign for donations to the Frank Watters Children's Trust Fund, manages the Child Abuse Prevention Month campaign, and provides information and referral services to County citizens. The term of the agreement is July 1, 2003, through June 30, 2004, with a maximum amount payable of $55,000 (Community Based Family Resource and Support Grant funds and Promoting Safe and Stable Families allocation funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 26. Northern Valley Catholic Social Service - Amendment - approval is requested for an amendment to the agreement with Northern Valley Catholic Social Service for the provision of Counseling and Anger Management Services in support of the Promoting Safe and Stable Families Program. The amendment revises the termination date of the multi-year agreement to coincide with the end of the County's fiscal year, June 30, 2005, and increases the maximum amount payable for fiscal year 2003-2004 by $27,174 (department budget) in response to an additional allocation received. 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. X13967) 27. Butte County Department of Public Health/Butte County Department of Employment and Social Services - approval is requested for a Memorandum of Understanding with the Butte County Department of Public Health for the provision of Public Health nursing services to clients of various programs. The term of the agreement is July 1, 2003, through June 30, 2006, with a maximum amount payable of $425,000 (department budget) per fiscal year - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MINUTES PAGE 5 SEPTEMBER 9, 2003 BUTTE COUNTY BOARD OF SUPERVISORS 03-243 MINUTES PAGE 6 SEPTEMBER 9, 2003 MINUTES -SEPTEMBER 9, 2003 28. Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: LIBRARY-LITERACY GRANT - extends the sunset dates for one flexibly staffed position of Library Assistant II/I and one three-quarter time position of Library Assistant III from September 30, 2003, to June 30, 2004. LIBRARY - extends the sunset dates for three flexibly staffed positions of Library Assistant II/I from September 30, 2003, to September 30, 2004 - action requested - ADOPT RESOLUTION 03- 139 AND AUTHORIZE THE CHAIR TO SIGN. 29. Library Donations - pursuant to Government Code Section 25355, donations of $1,900 from the Chico Friends of the Library, and $100 from Dobson Publishing of New York, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 30. Annual Report to the California State Library - the Director of Libraries submits a copy of the report that will be sent to the California State Library for Fiscal Year 2002-2003 - action requested - ACCEPT FOR INFORMATION. 31. Resolution Recognizing Butte County Juvenile Hall Counselor Tim Espinosa as Recipient of the State Meritorious Service Award for Line Staff by the California Association of Probation Institution Administrators, Northern California Region - action requested - ADOPT RESOLUTION 03-140 AND AUTHORIZE THE CHAIR TO SIGN. 32. County Medical Services Program Amendment and Health Insurance Portability and Accountability Act of 1996 Business Associate Agreement - approval is requested for an amendment to the grant agreement with the County Medical Services Program Governing Board for funds to support Strategic Plan Implementation Demonstration Project Grants. The amendment extends the term of the agreement through October 31, 2003, to allow the County additional time to expend program funds. All other terms and provisions remain the same. Board approval is also requested for a Health Insurance Portability and Accountability Act of 1996 Business Associate Agreement with the Governing Board as required for compliance with the Act - action requested - APPROVE GRANT AGREEMENT AMENDMENT AND BUSINESS ASSOCIATE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 33. Construction of Module 4, Phase A, at the Neal Road Sanitary Landfill; County Project No. 757-5799-1 - Contract Change Order (CCO) No. 1 - CCO No. 1, in the increasing amount of $30,050.43, provides for additional concrete slope veneer and low permeability soil liner needed for the project. Funding for the CCO is provided by the Neal Road Landfill Management Fund - action requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 9, 2003 03-243 34. Construction of the Module 4 Access Road at the Neal Road Sanitary Landfill; County Project No. 757-5805 - the project consists of the construction of an access road to Module 4 at the Neal Road Sanitary Landfill using aggregate base and asphalt concrete and the placement of drainage facilities. Bids were opened on August 29, 2003, with the lowest responsible bidder being Baldwin Contracting Company of Chico, in the amount of $644,080 (project budget) - action requested - AWARD CONTRACT TO BALDWIN CONTRACTING COMPANY IN THE AMOUNT OF $644,080 AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN CONTRACT SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 35. State of California, Department of Transportation - approval is requested for a Controlled Access Highway Agreement with the State of California, Department of Transportation, for a section of State Route 70 from a point 2.0 kilometers south of State Route 149 to 0.4 kilometers north of State Route 191, which was declared a freeway by the California Transportation Commission on June 26, 2003. The proposed agreement establishes the procedures and responsibilities for construction of the controlled access highway - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. 36. Resolution of Intention to Rename a Private Road in Butte County - approval is requested, on behalf of the property owners along Darlingwood Lane, to change the name of the street to Stonewall Drive. The proposed resolution sets a hearing for consideration of the matter for October 14, 2003, at 10:45 a.m. - action requested - ADOPT RESOLUTION 03-141 SETTING A PUBLIC HEARING FOR CONSIDERATION OF THE MATTER FOR TUESDAY, OCTOBER 14, 2003, AT 10:45 A.M. AND AUTHORIZE THE CHAIR TO SIGN. 37. James M. Callas - Amendment - approval is requested for an amendment to the employment agreement with James M. Callas to serve as the Undersheriff. The amendment increases the yearly compensation rate to $82,992. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 38. Butte County Office of Education Tax and Revenue Anticipation Notes (IRAN) for 2003-2004 - approval is requested, on behalf of the Butte County Office of Education, to issue 2003-2004 Tax and Revenue Anticipation Notes in an amount not to exceed $32,500,000. The notes will be a general obligation of the Butte County Office of Education. The County has no fiduciary responsibility as to the repayment of the notes - action requested - ADOPT RESOLUTION 03-142 AUTHORIZING ISSUANCE OF 2003-2004 TAX AND REVENUE ANTICIPATION NOTES FOR THE BUTTE COUNTY OFFICE OF EDUCATION AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PAGE 7 SEPTEMBER 9, 2003 BUTTE COUNTY BOARD OF SUPERVISORS 03-243 MOTION: VOTE: MINUTES -SEPTEMBER 9, 2003 39. Superior Court of California, County of Butte - Adoption of an Ordinance Repealing Section 1-18 of the Butte County Code Regarding the Seal of the Superior Court - approval is requested by the Superior Court of California, County of Butte, for an ordinance repealing Section 1-18 of the Butte County Code. Section 1-18 established the Seal of the Butte County Superior Court. Pursuant to Government Code Section 68076, on May 16, 2003, the Butte County Superior Court Board of Judges adopted a new Seal for the Superior Court of California, County of Butte. The Seal of the Butte County Superior Court, as contained in Butte County Code Section 1- 18, is no longer applicable and the Court has requested the County repeal that section - action requested - ADOPT ORDINANCE 3860 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-26- 03 [3.33]) (53) I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 3.12. M S 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) CHAIR BEELER PRESENTS A RESOLUTION PROCLAIMING THE MONTH OF SEPTEMBER 2003 AS NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY MONTH TO MARY JOHNSON, BUTTE COUNTY DEPARTMENT OF BEHAVIORAL HEALTH. CHAIR BEELER PRESENTS A RESOLUTION PROCLAIMING NATIONAL PRISONER OF WAR (POW)/MISSING IN ACTION (MIA) RECOGNITION DAY TO STU SHANER, VETERANS REPRESENTATIVE. STU SHANER PRESENTS THE BOARD WITH THE POW/MIA FLAG. CHAIR BEELER PRESENTS TO TIM ESPINOZA A RESOLUTION RECOGNIZING HIM AS THE RECIPIENT OF THE STATE MERITORIOUS SERVICE AWARD FROM THE CALIFORNIA ASSOCIATION OF PROBATION INSTITUTIONS ADMINISTRATORS, NORTHERN CALIFORNIA REGION. REGULAR AGENDA 03-244 Appointments to Boards, Commissions and Committees. (513) 1. Appointments to Listed Vacancies. (NONE) MINUTES PAGE 8 SEPTEMBER 9, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 9, 2003 03-245 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. (519) PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT THE RECOMMENDED BUDGET HAS BEEN DELIVERED AND BUDGET HEARINGS WILL BEGIN ON SEPTEMBER 22, 2003. THE COUNTY HAS FILED AN APPLICATION FOR DECLARATION OF HARDSHIP WITH THE STATE CONTROLLER IN AN EFFORT TO PREVENT THE LOSS OF VEHICLE LICENSE FEE REVENUE. A DECISION IS EXPECTED NEXT WEEK. THE COUNTY WILL OPPOSE SENATE BILL 1049. THE BILL IS A BUDGET TRAILER BILL THAT WILL IMPOSE A $70 PER PARCEL FEE (AND $35 IN THE NEXT FISCAL YEAR) IN THE STATE RESPONSIBILITY AREA FOR FIRE SERVICES, AND UNDER THAT BILL THE COUNTY WILL BE REQUIRED TO COLLECT THE FEE FOR THE STATE THROUGH THE PROPERTY TAX SYSTEM. THE BOARD WAS INFORMED THAT THE SENATE HAS NOT ACTED ON THE BILL THAT WOULD RESTORE FUNDING FOR THE RURAL SHERIFF'S PROGRAM, AND MR. MCINTOSH RECOMMENDED THAT THE BOARD CURTAIL THE HIRING FREEZE. 03-246 Program Implementation for HR 2389 "Secure Rural Schools and Community Self-Determination Act of 2000" Federal Fire Safe Funding - approval is requested for an implementation program for HR 2389 Federal Fire Safe Funding that will establish guidelines for administration of the program and projects approved by the Board - action requested - APPROVE IMPLEMENTATION PROGRAM AS RECOMMENDED. (FROM 8-26-03 [3.35]) (625) MOTION: I MOVE TO APPROVE THE IMPLEMENTATION PROGRAM AS RECOMMENDED. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: 9:55 A.M. RECONVENE: 10:04 A.M. 03-247 Basin Management Objectives for the Butte Basin portion of Butte County - Report to the Board - update on the development of Basin Management Objectives for the various areas of the basin - action requested - ACCEPT FOR INFORMATION; AND PROVIDE STAFF DIRECTION REGARDING THE PROCESS USED FOR THE DEVELOPMENT OF THE BASIN MANAGEMENT OBJECTIVES ORDINANCE. (1650) (**00) PRESENTATION TO THE BOARD BY TOCCOY DUDLEY (TECHNICAL ADVISORY COMMITTEE) AND MARK KIMMELSHUE, BUTTE COUNTY WATER COMMISSION; WITH JUDY BROWN, GLENN COUNTY WATER ADVISORY COMMITTEE. STAFF IS TO PROVIDE THE BOARD WITH A COPY OF THE DRAFT ORDINANCE. THE DRAFT ORDINANCE WILL BE RETURNED TO THE WATER COMMISSION FOR FURTHER REVIEW, COMMENT AND REVISION AS NEEDED BASED ON STAKEHOLDER INPUT, BEFORE RETURNING TO THE BOARD FOR FURTHER COMMENT. MINUTES PAGE 9 SEPTEMBER 9, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 9, 2003 PUBLIC HEARINGS AND TIMED ITEMS 03-248 Public Hearing - Douglass Perske - appeal of an approved Legal Lot Determination and Conditional Certificate of Compliance. The appeal is on a condition requiring a 60-foot access easement. This project has been determined to be exempt from the California Environmental Quality Act (CEQA) provisions under the General Rule Exemption Section 15061(b)(3). The property is zoned TM-5 (Timber Mountain - 5 acre parcels) and located on the south side of Bull Creek Lane, approximately 1,500 feet east of Cohasset Road, and approximately 10 miles northeast of Chico and identified as APN 056-100-027 - action requested - STAFF IS REQUESTING THE BOARD CONTINUE THE MATTER OPEN TO SEPTEMBER 23, 2003. (**575) PUBLIC HEARING OPENED AT 11:29 A.M. AND CONTINUED OPEN TO OCTOBER 14, 2003, AT 10:50 A.M. 03-249 Continued Public Hearing - Appeal - William Berger Tentative Parcel Map - consideration of an appeal of the Planning Commission's denial of a Tentative Parcel Map to divide a 26 +/- acre parcel into one parcel of 10 +/- acres and one parcel of 11.248 +/- acres. The project also included a Lot Line Adjustment with APN 040-110-030, which is surrounded by APN 040-110-068, to increase it in size from 1.61 acres to 6.61 acres. This is an item on which environmental documentation has not been prepared because staff is recommending denial. Sewage disposal would be handled by individual on-site septic systems and domestic water obtained from wells. Both of the proposed parcels would have frontage on Esquon Road, which is a public road. The lot line adjustment with APN 040-110-030 would result in that parcel having frontage on Esquon Road. The property is zoned A-10 (Agricultural - 10 acre parcels) and is located on the east side of Esquon Road, approximately 1,500 feet south of Mesa Road, northeast of Durham, and identified as APN 040-110-068 (SB [T PM 03-05]) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. FIND THAT THE DENIAL OF THE PROJECT IS STATUTORILY EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER SECTIONS 15270(a) AND (b) OF TITLE 14, CALIFORNIA CODE OF REGULATIONS, CHAPTER 3 (GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT); AND 2. SUBJECT TO FINDINGS II (A-J) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 9, 2003, DENY THE APPEAL AND UPHOLD THE PLANNING COMMISSION'S DENIAL OF THE TENTATIVE PARCEL MAP FOR WILLIAM BERGER ON APN 040-110-068 (TPM 03-05) (FROM 8-12- 03 [5.03]) (**637) PUBLIC HEARING RECONVENED: 11:31 A.M. PUBLIC HEARING CLOSED: 11:48 A.M. MINUTES PAGE 10 SEPTEMBER 9, 2003 BUTTE COUNTY BOARD OF SUPERVISORS 03-249 VOTE 03-250 MINUTES PAGE 11 SEPTEMBER 9, 2003 MINUTES -SEPTEMBER 9, 2003 MOTION: I MOVE TO FIND THAT THE DENIAL OF THE PROJECT IS STATUTORILY EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER SECTIONS 15270(a) AND (b) OF TITLE 14, CALIFORNIA CODE OF REGULATIONS, CHAPTER 3 (GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT); AND SUBJECT TO FINDINGS II (A-J) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 9, 2003, MOVE TO DENY THE APPEAL AND UPHOLD THE PLANNING COMMISSION'S DENIAL OF THE TENTATIVE PARCEL MAP FOR WILLIAM BERGER ON APN 040-110- 068 S M 1 Y 2 Y 3 Y 4 Y 5 N CLOSED SESSION RECESS: THE BOARD RECESSED AT 11:56 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. (**1535) RECONVENE : THE BOARD RECONVENED AT 12:19 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. (1546) (NO ANNOUNCEMENTS) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 9, 2003 PUBLIC HEARINGS AND TIMED ITEMS 03-251 Continued 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 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 Development. An 89-acre Remainder Parcel is also proposed. The proposed single-family residential lots would range in size from one-third of an acre to over one acre in size, with half-acre lots being the predominant size. In accordance with the Development Agreement, traffic circulation would be accomplished by subdivision road connections to Hicks Lane at two locations on the east side of the property, and Spyglass Road and Guntren Road on the west side of the property. In accordance with the Development Agreement, a total of 103 acres of open space shall be retained along Hicks Road and Mud Creek, and a total of approximately 32 acres of open space shall be retained along Keefer Slough and north of Mud Creek. Drainage and storm water run-off would be directed into three on- site retention basins. Sewage disposal would be accomplished by a community sewage disposal system to be located on the 103-acre open space parcel. Domestic and fire flow water supplies would be accomplished through a community water system. This is a project on which notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given. The property is zoned SR-1/PD (Suburban Residential-1 acre parcels/Planned Development); OS/PD (Open Space/Planned Development) and is located north of Chico and west of the Chico Airport, on the west side of Hicks Lane, approximately 3,000 feet south of Keefer Road in the North Chico Specific Plan area, and identified as APN 047-710-001 (DB [TSM 03-01]) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. REMAND THE SIERRA MOON TENTATIVE SUBDIVISION MAP TO THE PLANNING COMMISSION FOR CONSIDERATION OF ISSUES PERTAINING TO THE 82-FOOT EASEMENT AS REQUIRED UNDER THE DEVELOPMENT AGREEMENT, SECTION 3.1. DIRECT STAFF TO CONTACT THE UNITED STATES ARMY CORPS OF ENGINEERS PRIOR TO THE PLANNING COMMISSION HEARING FOR A DEFINITIVE STATEMENT REGARDING THE 82-FOOT EASEMENT. THE BOARD SHOULD DIRECT THE PLANNING COMMISSION AS TO WHETHER THE COUNTY DESIRES TO KEEP THE EASEMENT OR WHETHER THE EASEMENT SHOULD BE DELETED FROM THE DEVELOPMENT AGREEMENT, SHOULD THE ARMY CORPS OF ENGINEERS DETERMINE THAT THE EASEMENT IS NO LONGER REQUIRED; AND 2. CONTINUE THE HEARING OPEN TO DECEMBER 2, 2003. (FROM 8-12- 03 [5.05]) (**1555) (***00) PUBLIC HEARING RECONVENED: 12:19 P.M. MINUTES PAGE 12 SEPTEMBER 9, 2003 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 9, 2003 03-251 MOTION: I MOVE THAT WE REMAND THE EASEMENT ISSUE BACK TO THE PLANNING COMMISSION, TO BE HEARD AT THE EARLIEST POSSIBLE CONVENIENCE OF THE STAFF AND THE COMMISSION IN PREPARING THEIR AGENDAS, AND THAT IT BE CONTINUED OPEN TO A HEARING DATE TO BE DETERMINED. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: 1:34 P.M. RECONVENE: 1:44 P.M. REGULAR AGENDA SUPERVISOR HOUR NOT PRESENT. 03-252 Draft Response to the 2002-2003 Grand Jury Final Report - presentation of the County's draft response to the Grand Jury's Final Report for 2002-2003, in accordance with Penal Code Sections 933 and 933.5 - action requested - ACCEPT FOR INFORMATION; PROVIDE STAFF DIRECTION AND COMMENTS AS NEEDED. (***267) DIRECTION TO STAFF TO RETURN THE ITEM TO THE AGENDA OF SEPTEMBER 23, 2003, FOR FORMAL ADOPTION AND SUBMISSION TO THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE. 03-253 Certificates of Creation - discussion regarding the rules and regulations required for certificates of creation - action requested - DISCUSSION AND STAFF DIRECTION AS NEEDED. (***301) STAFF INFORMED THE BOARD THAT THEY ARE DEVELOPING INFORMATION THAT IS DESIGNED TO ASSIST THE PUBLIC WITH THE PROCESS OF CREATING LEGAL PARCELS FOR SUBDIVIDED PROPERTY WHEN THE SUBJECT PARCELS WERE CREATED BY DEED INSTEAD OF SUBDIVISION MAP OR PARCEL MAP. 0 3 - 2 5 4 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. 1. Sierra Nevada Forest Plan Amendment - Supervisor Yamaguchi submits a resolution requesting Regional Forester Blackwell to immediately analyze and select a sustainable alternative for the Sierra Nevada Forest Plan Amendment that meets the social, economic, environmental and fire protection concerns of the citizens and businesses in Butte County - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (***393) MOTION: I MOVE TO ADOPT RESOLUTION 03-143, AS AMENDED TO SUPPORT THE S-2 PROPOSED ACTION, CONCURRING WITH THE REGIONAL FORESTER'S RECOMMENDATION. S M VOTE: 1 Y 2 N 3 NP 4 Y 5 Y (Motion Carried) MINUTES PAGE 13 SEPTEMBER 9, 2003 PUBLIC COM[IENT 03-255 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. (*** 1. VIRGINIA MITCHELL THANKED THE BOARD FOR THE LETTER WRITTEN TO THE HIGHWAY PATROL REGARDING BOOM BOXES AND ASKED FOR DIRECTION ON WHO CAN ENFORCE THOSE LAWS. 03-256 CLOSED SESSION RECESS: THE BOARD RECESSED AT 1:34 P.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) JOHNSON V. COUNTY OF BUTTE (U.S.D.C. CIV-S-01-1888) (***694) RECONVENE : THE BOARD RECONVENED AT 12:19 P . M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) JOHNSON V. COUNTY OF BUTTE (U.S.D.C. CIV-S-01-1888)(**705)(NO ANNOUNCEMENTS) ADJOUxNt~NT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 2:42 P.M., TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD SEPTEMBER 23, 2003, AT 9:00 A.M. R.J. BEELER, CHAIR Attest: Paul McIntosh, Chief Administrative Officer and Clerk of the Board of Supervisors By: