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HomeMy WebLinkAboutM092501BOARD OF SUPERVISORS MINUTES September 25, 2001 01-297 R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District KIM YAMAGUCHI, 5th District Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Beeler, Dolan, Houx, Yamaguchi, and Chair Josiassen. Also present: Starlyn S. Brown, Assistant Chief Administrative Officer; Bruce Alpert, County Counsel; and Marion Reeves, Assistant Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Invocation - Pastor Steve Grandy, Jubilee on the Ridge, Paradise. Items removed from the Consent Agenda for Board discussion and action. (75) 1. Resolution Condemning the Terrorist Acts of September 11, 2001, and Supporting the President of the United States and the Governor of California - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Consent A ecr nda 01-298 1. Approval of Minutes - action requested - APPROVE MINUTES OF AUGUST 14, 2001. 2. Budget Transfers - action requested - APPROVE BUDGET TRANSFERS B-061 (LIBRARY); AND B-056 (TREASURER-TAX COLLECTOR). Budget transfers listed above require a 4/5 vote. 3. Library Donations - in accordance with Government Code Section 25355, donations in the amount of $2,979 have been received from the Chico Friends of the Library for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE A LETTER OF APPRECIATION. Page 413 September 25, 2001 September 25, 2001 O1-298 4. Oroville Veterans Hall Committee - action requested - APPOINT/REAPPOINT BILL CONNELLY, DELEGATE, CHARLES "SKIP" ROBERTSON, ALTERNATE, AMERICAN LEGION REPRESENTATIVES; STAN RINEHART, DELEGATE, JIM AUSTIN, ALTERNATE, VFW POST 9602 REPRESENTATIVES; AND ROBERT SIMPSON, DELEGATE, ROLAND STRANG, ALTERNATE, VFw POST 1746 REPRESENTATIVES. ALL APPOINTMENTS ARE TO TERMS TO END JUNE 30, 2002. 5. Sacramento River Reclamation District - Appointments in Lieu of Election - pursuant to Elections Code Section 10515, the Sacramento River Reclamation District is requesting the Board appoint Peter D. Peterson, James M. Paiva, and Richard Wright, Trustees, to terms to end December 2, 2005. The district has certified that the number of persons who filed a Declaration of Candidacy did not exceed the number of offices to be filled - action requested - APPOINT PETER D. PETERSON, JAMES M. PAIVA, AND RICHARD WRIGHT, TRUSTEES, TO TERMS TO END DECEMBER 2, 2005. 6. Lake Madrone water District - Appointments in Lieu of Election - pursuant to Elections Code Section 10515, the Lake Madrone water District is requesting the Board appoint Roger D. Williams and Michael Alan Beers, Trustees, to terms to end December 2, 2005. The district has certified that the number of persons who filed a Declaration of Candidacy did not exceed the number of offices to be filled - action requested - APPOINT ROGER D, WILLIAMS AND MICHAEL ALAN BEERS, TRUSTEES, TO TERMS TO END DECEMBER 2, 2005. 7. Pierce Family Trust Subdivision - Final Map - consideration of a final subdivision map for APN 040-280- 085, creating 2 lots located on the west side of Midway, south of Brown Street in the town of Durham. The developer has provided a security deposit to guarantee construction of the required road, drainage, fire protection and facilities within one year - action requested - APPROVE FINAL MAP; ACCEPT THAT PORTION OF MIDWAY AS OFFERED FOR DEDICATION IN FEE SIMPLE TO THE COUNTY OF BUTTE IN ITEM "A" OF THE OWNER'S STATEMENT; ACCEPT THOSE EASEMENTS FOR PUBLIC SERVICE PURPOSES AS OFFERED IN ITEMS "B" AND "C" OF THE OWNER'S STATEMENT ON BEHALF OF THE ENTITIES NAMED; AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. Page 414 September 25, 2001 September 25, 2001 01-298 8. Thiara Brothers Orchards - Conveyance of Development Rights and Open Area Easement - Board approval is requested by the Development Services Department to approve a conveyance of development rights and open area easement for the Thiara Brothers Orchards. The conveyance is being provided pursuant to Condition 3 of Use Permit 98-23, to allow agricultural processing segregation, and pursuant to Condition 4 of the Thiara Brothers Orchards Tentative Parcel Map to create a 7.8 acre agricultural processing parcel. The agreement submitted for approval is substantially in the same form as the final document will be in; however, County Counsel will review it and alter the agreement as needed - action requested - APPROVE CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO COUNTY COUNSEL APPROVAL. 9. Award of Bid No. 06-02 - water Tender Chassis - the North Chico Volunteer Fire Company 42 has donated $55,254.26 to be utilized for the purchase of a water tender chassis. Bids have been opened for the purchase of the chassis with the low bidder being Boerner Truck Center of Huntington Park, California, in the amount of $110,508.53. Pursuant to Government Code Section 25355, Board approval is requested to accept the donation, transfer the donated funds to the Fire Department, and to approve a budget transfer of $55,254.27 from the Community Cost Share Trust Fund to provide the remaining funds needed for the chassis purchase - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION; APPROVE BUDGET TRANSFER B-054 (4/5 vote required); AWARD BID; AND AUTHORIZE PURCHASE OF A WATER TENDER CHASSIS. 10. Sheriff's Office - Secure Shaving Equipment - Board approval is requested by the Sheriff's Office to install secure shaving equipment in the Butte County Jail. Facilities Services will construct and install 24 shaving stands, and Board approval is requested for a budget transfer in the amount of $22, 831 from the Inmate welfare Fund to provide the needed funding for the project - action requested - APPROVE BUDGET TRANSFER B-059 (4 /5 vote required); AND AUTHORIZE FACILITIES SERVICES TO CONSTRUCT AND INSTALL SHAVING STANDS IN THE BUTTE COUNTY JAIL. Page 415 September 25, 2001 September 25, 2001 01-298 11. Sheriff's Office - Vehicle Loan - Board approval is requested by the Sheriff's Office to accept the temporary loan of a sports utility vehicle from the Bureau of Land Management. The Bureau of Land Management will provide the vehicle to the County, and the County will provide fuel, oil, maintenance and insurance for the vehicle. The Sheriff's Office expects to utilize the vehicle for approximately one year - action requested - ACCEPT TEMPORARY LOAN OF A SPORTS UTILITY VEHICLE FROM THE BUREAU OF LAND MANAGEMENT; AND DIRECT THE VEHICLE BE INSURED PURSUANT TO COUNTY POLICY. 12. Sheriff's Office - Snowmobile Purchase - Board approval is requested by the Sheriff's Office to utilize $18,500 from the Off-Highway Motor Vehicle Trust Fund to enhance off-highway winter enforcement. The Sheriff is proposing to purchase two new snowmobiles ($14,500), retrofit two existing snowmobiles ($3,100), and purchase miscellaneous equipment and clothing for the machines and operators ($900) - action requested - APPROVE BUDGET TRANSFER B-062 (4 /5 vote required) ACCEPTING AND ALLOCATING TRUST FUND REVENUE; AND APPROVE FIXED ASSET PURCHASE OF SNOWMOBILES. 13. Public works Department - Purchase Para-transit Vehicle - Board approval is requested by the Public works Department to purchase a para-transit vehicle for the Oroville Express in the estimated amount of $42,000. In December 1997 one of the Oroville Express vehicles was destroyed by fire. In February 2001 the Public works Department received an insurance settlement in the amount of $40,195 for a replacement vehicle. The additional $1,805 needed for the new vehicle purchase will be provided by TDA funds - action requested - APPROVE BUDGET TRANSFER B-055 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE FIXED ASSET PURCHASE OF REPLACEMENT PARA-TRANSIT VEHICLE IN THE ESTIMATED AMOUNT OF $42,000. 14. Adoption of a Salary Ordinance Amendment - the Administrative Office has requested the Department of Human Resources prepare a salary ordinance amendment which creates a new budget unit entitled, "360-007 Sheriff-Coroner - Rural County Supplemental Funding", and adds the following positions to the new budget unit: one flexibly staffed position of Information Systems Analyst II/I, two flexibly staffed positions of Information Systems Technician II/I, four positions of Deputy Sheriff, and one flexibly staffed position of Sheriff's Clerk III/II. The ordinance also adds one flexibly staffed term position of Sheriff's Clerk II/I (term to end 6-30-02) to the Sheriff-Coroner - Services budget unit (360-001). These actions were part of the final budget adjustments for the Sheriff's Office - action requested - ADOPT ORDINANCE 3770 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-11-O1 [3.20]) Page 416 September 25, 2001 September 25, 2001 O1-298 15. Adoption of a Salary Ordinance Amendment - the Department of Human Resources has prepared a salary ordinance amendment which transfers the position classification of Probation Officer III from the Butte County Management Employees Association to the Butte County Employees Association, General Unit, pursuant to a side letter agreement. The transfer will be effective July 26, 2001, however, employees occupying this classification shall continue to accrue vacation and holidays in accordance with the Butte County Management Employees Association's Memorandum of Understanding until January 4, 2002 - action requested - ADOPT ORDINANCE 3771 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-11-O1 [3.17]) 16. Adoption of a Salary Ordinance Amendment - the Behavioral Health Department has requested the Department of Human Resources prepare a salary ordinance amendment which deletes one term position of Clinical Program Manager (term of end 6-30-02), and adds one position of Clinical Program Manager in support of the Family Bridges Program - action requested - ADOPT ORDINANCE 3772 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-11-O1 [3.18]) 17. Adoption of a Salary Ordinance Amendment - the Department of Child Support Services has requested the Department of Human Resources prepare a salary ordinance amendment which deletes thirteen flexibly staffed positions of Senior Account Clerk/Account Clerk, and adds thirteen flexibly staffed positions of Accounting Specialist/Senior Account Clerk/ Account Clerk. The broader classification will provide the department greater staffing choices, and provide greater promotional opportunities within the department - action requested - ADOPT ORDINANCE 3773 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-11-O1 [3.19]) Page 417 September 25, 2001 September 25, 2001 O1-298 18. Adoption of a Salary Ordinance Amendment - the Department of Human Resources has prepared a salary ordinance amendment which adds staff in support of the Mentally Ill Offender Crime Reduction project as follows: District Attorney - adds one half-time flexibly staffed position of Deputy District Attorney IV/III/II/I; Sheriff-Coroner- Corrections - adds two positions of Deputy Sheriff, and one position of Administrative Services Assistant; Probation - adds two flexibly staffed positions of Probation Officer III/II/I; and Behavioral Health - adds one position of Supervisor-Mental Health Clinician, two flexibly staffed positions of Mental Health Clinician II/I, three and one-half flexibly staffed positions of Senior Mental Health Counselor/Mental Health Counselor/Mental Health worker, one flexibly staffed position of Medical Records Technician II/I, one flexibly staffed position of Accounting Specialist/Senior Account Clerk/Account Clerk, and one flexibly staffed position of Office Assistant III/II/I. All positions have a sunset date of June 30, 2004 - action requested - ADOPT ORDINANCE 3774 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9- 11-01 [4.09B]) 19. Introduction of a Salary Ordinance Amendment - the Local Agency Formation Commission (LAFCo) has requested the Department of Human Resources prepare a salary ordinance amendment which increases the annual salary for the LAFCo Executive Officer to $74,550 (an increase of $3,550), retroactive to July 7, 2001. Pursuant to the Memorandum of Understanding between the County and LAFCo, the Board must adopt a salary ordinance to implement the Commission's action - action requested - WAIVE READING OF THE ORDINANCE. 20. Introduction of a Salary Ordinance Amendment - the Public works Department has requested the Department of Human Resources prepare a salary ordinance amendment which deletes one flexibly staffed position of Associate Civil Engineer/Associate Engineer/Assistant Engineer, and adds one flexibly staffed position of Associate Surveyor/Assistant Surveyor in response to a recommendation contained in the L.B. Hayhurst Public Works Study - action requested - WAIVE READING OF THE ORDINANCE. Page 418 September 25, 2001 September 25, 2001 O1-298 21. Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Department of Human Resources prepare a salary ordinance amendment which creates the position classification of Health Education Specialist III ($14.94 - $18.16), deletes 12 flexibly staffed positions of Health Education Specialist II/I, adds 12 flexibly staffed positions of Health Education Specialists III/II/I, and increases the salary range for the position of Supervising Health Education Specialist ($16.43 - $19.97). The changes are being made to provide staff promotional opportunities and assist in the progression of staff to supervisory positions. with the addition of the new job classification, the Supervising Health Education Specialist salary range was increased to retain the salary spread between supervisory and non- supervisory positions - action requested - WAIVE READING OF THE ORDINANCE. 22. Resolution Proclaiming September 24-28, 2001, as Green Thumb, Employ the Older worker week in Butte County - action requested - ADOPT RESOLUTION O1-102 AND AUTHORIZE THE CHAIR TO SIGN. 23. Resolution in Recognition of Norma "Ellen" Gamon Upon Her Retirement From the Butte County Library - action requested - ADOPT RESOLUTION O1-103 AND AUTHORIZE THE CHAIR TO SIGN. 24. Pavement Overlay on Grand Avenue, Biggs East Highway, and Upper Palermo Road - County Project No. AC-99-2 - Contract Change Order (CCO) No. 1 - CCO No. 1, in the increasing amount of $5,411.87, provides for additional overlay work on Tehama Avenue to provide connection to the Grand Avenue work, and to connect to recent chip seal work on Tehama Avenue - action requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. 25. Federal Highway Administration - Oroville-Quincy Highway Reimbursable Agreement - California Project No. PHF119- 2(3) - Board approval is requested by the Public works Department for a Reimbursable Agreement with the Federal Highway Administration in support of the reconstruction project of Forest Highway 119, Oroville-Quincy Highway between Lake Madrone and 1.1 miles north of Mountain House. The Federal Highway Administration will need additional survey work at various locations within the project area, and will reimburse the County for the necessary work, at a cost not to exceed $30,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 419 September 25, 2001 September 25, 2001 O1-298 26. Oaklawn Avenue Sewer Lateral Installation - County Project No. 54201-00-1 - the project consists of the construction of 19 sewer laterals from their connection with the sewer main in the roadway centerline to the right-of-way line at the subject properties. The project is in support of the reconstruction project of Oaklawn Avenue from Bidwell Avenue to Bidwell Drive. Community Development Block Grant funds in the amount of $38,000 are available to assist in the financing of the project - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT A WAGE SCALE; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO ADVERTISE FOR BIDS. 27. City of Gridley/Tri-County Economic Development Corporation - Amendment - Board approval is requested by the Administrative Office for an amendment to the agreement with the City of Gridley and the Tri-County Economic Development Corporation for the provision of loan management services for a Community Development Block Grant awarded to the City of Gridley and the County to support the location and expansion of the Stapleton- Spence Packing Company. The amendment provides for Tri- County Economic Development Corporation to package a loan with Rio Pluma on behalf of the City of Gridley utilizing a portion of the City's unexpended Community Development Block Grant funds. There is no cost to the County for this service. The County is a signatory to the agreement because the County was a joint applicant on the original Community Development Block Grant - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40179) 28. Oroville Redevelopment Agency - Amended Agreement - Board approval is requested by the Administrative Office for an amended and restated agreement with the Oroville Redevelopment Agency which provides for an 80o pass- through payment to the County on the growth in tax increment from the date of adoption of the amendments to the Redevelopment Plan - action requested - APPROVE AMENDED AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 29. State of California-Department of Food and Agriculture - Board approval is requested by the Agricultural Commissioner for a revenue agreement with the State of California-Department of Food and Agriculture for funding assistance to implement High Risk Pest Exclusion work Plans. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable to the County of $26,942.40 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40330) Page 420 September 25, 2001 September 25, 2001 O1-298 30. Community Living Centers-JOBS Plus - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an agreement with Community Living Centers-JOBS Plus for the provision of vocational services to BCDBH Oroville adult outpatient clients. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $101,173 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13218) 31. Merced Manor - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Merced Manor for the provision of community health services for chronic mentally disordered patients. The amendment extends the agreement through June 30, 2002, and increases the maximum amount payable by $85,348.80 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11352) 32. Victor Treatment Center, Inc. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Victor Treatment Center, Inc., for the provision of day rehabilitation services, medication support, and residential services to mentally ill young people in their Redding, California, location. The amendment extends the agreement through June 30, 2002, defines the number of treatment days for fiscal year 2001-2002, and increases the maximum amount payable by $228,125 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X11550) 33. James w. Voss, Ph.D. - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with James w. Voss for the provision of specialty mental health services within the requirements of Phase II Medi-Cal Speciality Mental Health Consolidation. The agreement is effective July 1, 2001, and will remain in effect until terminated by the County or contractor. There is no maximum amount payable under the agreement. Payment will be made based on services rendered - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13219) Page 421 September 25, 2001 September 25, 2001 01-298 34. State of California-Department of Forestry and Fire Protection - Volunteer Fire Assistance Grant - Board approval is requested by the Fire Department to accept $15,936.11 in grant funds received from the State of California-Department of Forestry and Fire Protection Volunteer Fire Assistance Grant. Funds from the grant will be utilized to purchase protective clothing. The grant requires a County match of $15,936.11, which will be met utilizing Fire Department funds - action requested - ADOPT RESOLUTION O1-104 AUTHORIZING THE FIRE DEPARTMENT TO RECEIVE THE GRANT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. R40328) 35. City of Chico - Board approval is requested by the Library for a revenue agreement with the City of Chico for funds to be utilized to extend the hours of operation at the Chico branch 1 ibrary from 3 5 to 6 0 hours per week . The term of the agreement is October 1, 2001, through September 30, 2002, and provides for funds to the County in an amount not to exceed $120,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 36. Butte County Children and Families Commission - Board approval is requested by the Library to apply to the Butte County Children and Families Commission for grant funds in an amount not to exceed $400,000 for 3 years. The grant proposal project will provide literacy and resource services to preschool-aged children and their families through the purchase of a mobile literacy lab and resource center. The grant will also provide funding for enhancement and continuation of the current Families for Literacy programs - action requested - APPROVE GRANT APPLICATION AND AUTHORIZE THE DIRECTOR-LIBRARIES TO SIGN GRANT DOCUMENTS; AND AUTHORIZE THE CHAIR TO SIGN THE DRUG-FREE WORKPLACE CERTIFICATION. 37. Northern Valley Catholic Social Service - Board approval is requested by the Probation Department for an agreement with Northern Valley Catholic Social Service for the provision of Life Skills Training to students in the Butte County Juvenile Hall and Table Mountain Day School. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $25,000 (department budget). Funding for the agreement is fully reimbursable with TANF funds - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13222) Page 422 September 25, 2001 September 25, 2001 O1-298 38. Home Health Care Management, Inc., D.B.A. CHP Plus - Board approval is requested by the Public Health Department for an agreement with Home Health Care Management, Inc., doing business as CHP Plus, for the provision of services in support of the Early Intervention Project (EIP) and HIV Transmission Prevention Project (HTPP) The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $75,450 ($29,100 for EIP and $46,350 for HTPP [department budget/State funds]) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 39. Home Health Care Management, Inc., D.B.A. CHP Plus - Board approval is requested by the Public Health Department for an agreement with Home Health Care Management, Inc., doing business as CHP Plus, for the provision of nursing, case management, and psychosocial needs services in support of the wellness to work Program. The term of the agreement is July 2, 1001, through June 30, 2003, with a maximum amount payable of $55,000 per fiscal year. Funding for the agreement is provided by a grant received from the County Medical Services Program - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13216) 40. California Family Health Council, Inc. - Amendment - Board approval is requested by the Public Health Department for an amendment to the revenue agreement with the California Family Health Council, Inc., for funds to support the Immigrant Initiative Program. The amendment provides $36,658 in additional revenue for the term of January 1, 2001, through December 31, 2001. Board approval is also requested for a budget transfer accepting and appropriating the unanticipated revenue - action requested - APPROVE BUDGET TRANSFER B-063 (4 /5 vote required); AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. R40284 ) 41. Stonewall Alliance Center of Chico - Board approval is requested by the Public Health Department for an agreement with Stonewall Alliance Center of Chico for the provision of HIV/AIDS education and prevention services. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $51,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13224) Page 423 September 25, 2001 September 25, 2001 O1-298 42. Butte County Children and Families Commission - Board approval is requested by the Public Health Department to accept a grant award in the amount of $28,000 for funds to assist in the reduction of exposure to environmental tobacco smoke in the homes of women, Infant and Children program participants. The term of the grant is July 29, 2001, through June 29, 2002. Appropriations for the grant were contained in the department's final budget for fiscal year 2001-2002 - action requested - APPROVE GRANT AWARD AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13082) 43. Used Oil Recycling Block Grant Funds - the Public works Department wishes to inform the Board that the County has been awarded a fiscal year 2001-2002 Used Oil Block Grant in the amount of $74,247. The regional grant is administered by the Public works Department on behalf of the County, the Cities of Biggs, Oroville, Gridley and Chico, and the Town of Paradise. The grant funds will be utilized to augment current used oil programs and to create new programs - action requested - ACCEPT FOR INFORMATION. 44. Immedia - Amendment - Board approval is requested by the Treasurer-Tax Collector for an amendment to the agreement with Immedia for the provision of customer mailings initiated by the Revenue and Reimbursement Officers as part of the County's collection efforts. The amendment extends the term of the agreement through June 30, 2002, and increases the maximum amount payable by $36,000 (department budget) for fiscal year 2001-2002 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10088) 45. 2000-2001 Grand Jury Final Report - action requested - ADOPT THE BOARD OF SUPERVISORS' RESPONSE TO THE 2000-2001 GRAND JURY FINAL REPORT AND AUTHORIZE THE CHAIR TO SIGN. 46. Chico Urban Area Nitrate Compliance Plan - Board approval is requested by the Administrative Office for a resolution which would approve the Chico Urban Area Nitrate Compliance Plan in support of a State Revolving Fund loan application. The loan will be utilized to help finance the cost of installing sewers in the Chico Urban Area Nitrate Compliance Plan project area - action requested - ADOPT RESOLUTION O1-105 AND AUTHORIZE THE CHAIR TO SIGN. Page 424 September 25, 2001 September 25, 2001 O1-298 47. 2001-2002 Children's Medical Services - Child Health and Disability Prevention (CHDP) Program and California Children's Services (CCS) Program - the Public Health Department submits the Children's Medical Services Plan CHDP/CCS Joint Plan for approval prior to submission to the State Department of Health Services - action requested - APPROVE PLAN DOCUMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE SUBMISSION OF THE PLAN TO THE STATE. 48. Letter of Support for Northern California Natural History Museum - Supervisor Houx has requested the Board approve a letter to the State of California-Department of Parks and Recreation endorsing a grant application which seeks funding for the proposed Northern California Natural History Museum - action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (82) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 3.22. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda CHAIR JOSIASSEN PRESENTS A RESOLUTION TO NORMA "ELLEN" GAMON UPON HER RETIREMENT FROM THE BUTTE COUNTY LIBRARY. O1-299 Appointments - Boards, Commissions, and Committees. (205) 1. Appointments to listed vacancies. MOTION: I MOVE TO APPOINT TO THE PARADISE MEMORIAL HALL COMMITTEE PAUL H. HARMON, DELEGATE, AND PETER E. CARNUTE, ALTERNATE, AMERICAN LEGION POST 259 REPRESENTATIVES; AND ROY GATCH, DELEGATE, AND CHARLES BELL, ALTERNATE, CALIFORNIA SQUARE DANCE ASSOCIATION REPRESENTATIVES, ALL TO VACATED TERMS TO END JUNE 30, 2002; S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 425 September 25, 2001 September 25, 2001 O1-300 Update on legislative and budget activities. (276) STARLYN S. BROWN, ASSISTANT CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT THE LEGISLATURE IS NOT IN SESSION CURRENTLY, BUT THAT THERE ARE PLANS TO CALL A SPECIAL SESSION IN EARLY OCTOBER TO DEAL WITH SPECIAL ISSUES REGARDING ENERGY. 1. Constitutional Amendment to Protect Local Revenues - consideration of a resolution supporting the efforts of the California State Association of Counties, the League of California Cities, and the California Special Districts Association's jointly sponsored constitutional amendment to protect local revenues - action requested - DISCUSSION; AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO ADOPT RESOLUTION O1-106, SUBJECT TO MODIFICATIONS, IF NEEDED, TO BRING THE LARGE COUNTIES ON BOARD, AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 01-301 Report to the Board - Update by Curt Aiken of the Yuba County water Agency regarding potential flood control projects on the Feather-Yuba River System funded by Proposition 13, the Costa- Machado water Act of 2000 - action requested - ACCEPT FOR INFORMATION. (593) PRESENTATION TO THE BOARD BY CURT AIKEN, YUBA COUNTY WATER AGENCY. O1-302 Report to the Board - Review of the Existence of a Local Emergency - Concow Area Fire - Status of Emergency - action requested - ADOPT A RESOLUTION OF TERMINATION OF A LOCAL EMERGENCY AND AUTHORIZE THE CHAIR TO SIGN. (927) PRESENTATION TO THE BOARD BY MIKE MADDEN, EMERGENCY SERVICES OFFICER; RICK E. RISNER, SMALL BUSINESS ADMINISTRATION; AND CHIEF BILL SAGER, FIRE DEPARTMENT. BOARD DIRECTION THAT A LETTER BE WRITTEN TO THE GOVERNOR REQUESTING A REVIEW OF THE DENIAL BY THE STATE OFFICE OF EMERGENCY SERVICES TO PROVIDE DISASTER ASSISTANCE TO BUTTE COUNTY. MOTION: I MOVE TO ADOPT RESOLUTION O1-107 TERMINATING A LOCAL EMERGENCY AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 426 September 25, 2001 September 25, 2001 O1-303 Report to the Board - Federal Energy Regulatory Commission (FERC) Relicensing - presentation to the Board by Roger Masuda on the County of Butte's FERC relicensing goals and objectives - action requested - ACCEPT FOR INFORMATION; AND PROVIDE STAFF DIRECTION AS NEEDED. (2040) (**00) PRESENTATION TO THE BOARD BY ROGER MASUDA, ATTORNEY. THE FOLLOWING AGENDA ITEM WAS HEARD IN CONJUNCTION WITH THE ABOVE AGENDA ITEM. Board Discussion - discussion on the effects of electricity rates on California businesses, and consideration of recommendations contained in a letter from Thomas Pevehouse, Utilities Manager for Economic Development, Riverside Public Utilities - action requested - BOARD DISCUSSION AND DIRECTION. (FROM 9-11-O1 [4.08]) PRESENTATION TO THE BOARD BY ROBERT BATEMAN, PRESIDENT, ROPLAST INDUSTRIES. RECESS: 11:04 A.M. RECONVENE: 11:16 A.M. Public Hearincrs and Timed Items O1-304 Public Hearing - Annual County Service Area (CSA) Charges - consideration of the adoption of the per parcel service charges for the various CSAs for fiscal year 2001-2002 - action requested - OPEN PUBLIC HEARING TO ACCEPT ALL OBJECTIONS OR PROTESTS; CLOSE HEARING; AND ADOPT A RESOLUTION CONFIRMING THE COUNTY SERVICE AREA PER PARCEL SERVICE CHARGES IN THE COUNTY OF BUTTE FOR FISCAL YEAR 2001-2002 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-28-O1 [3.03]) (**1181) PUBLIC HEARING OPENED: 11:16 A.M. PUBLIC HEARING CLOSED: 11:18 A.M. NO PROTESTS OR OBJECTIONS RECEIVED. MOTION: I MOVE TO ADOPT RESOLUTION O1-108 CONFIRMING THE COUNTY SERVICE AREA PER PARCEL SERVICE CHARGES IN THE COUNTY OF BUTTE FOR FISCAL YEAR 2001-2002 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 427 September 25, 2001 September 25, 2001 O1-305 Continued Public Hearing - John and Sharon Byrne - Tentative Parcel Map - consideration of an appeal of the Development Review Committee's denial of a Tentative Parcel Map proposing four 1 +/- acre parcels and a 5.35 +/- acre remainder from an existing 9.41 +/- acre parcel (this is a project on which notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given). water supply will be provided by the California water Company or domestic wells. Sewer will be provided by individual septic systems. Access to the parcels will be provided by Rocking H Circle and an additional easement connecting onto Eaton Road. The property is zoned SR (Suburban Residential) and is located at the southwest corner of Eaton Road and Godman Avenue in the Chico area, and identified as APN 007-260-081 and 082 (File No. TSM O1-03 [DB]) - action requested - STAFF RECOMMENDS THE BOARD CONTINUE THE HEARING OPEN TO NOVEMBER 27, 2001, AT 10:30 A.M. (**1281) PUBLIC HEARING RECONVENED AT 11:19 A.M. AND CONTINUED TO NOVEMBER 13, 2001, AT 10:30 A.M. Regular A ecr nda 01-306 Presentation to the Board - State Fair Exhibit Gold Ribbon - presentation of a Gold Ribbon, signifying a first place award for Butte County's exhibit at the California State Fair - action requested - ACCEPT AWARD. (FROM 9-11-O1 [4.05]) (**1438) PRESENTATION OF AWARD TO BOARD BY SUSAN PETERSON, TREASURER-TAX COLLECTOR'S OFFICE. MOTION: I MOVE TO ACCEPT THE AWARD AND AUTHORIZE LETTERS OF APPRECIATION TO THE SPONSORS AND SUPPORTERS OF THE BOOTH EFFORT. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 428 September 25, 2001 September 25, 2001 O1-307 Items removed from the Consent Agenda for Board consideration and action. (**1590) 1. Resolution Condemning the Terrorist Acts of September 11, 2001, and Supporting the President of the United States and the Governor of California - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO ADOPT THE RESOLUTION, AS AMENDED TO INCLUDE THE FOLLOWING, "NOW THEREFORE, BE IT RESOLVED THAT BUTTE COUNTY CONDEMNS THESE TERRORIST ACTS. WE FULLY SUPPORT THE COMMANDER AND CHIEF, OUR PRESIDENT OF THE UNITED STATES OF AMERICA, IN ANY AND ALL MILITARY ACTION NECESSARY TO ELIMINATE THE TERRORIST THREAT, BOTH FOREIGN AND DOMESTIC TO OUR CITIZEN'S AND COUNTRY."; AND TO INCLUDE WITH THE RESOLUTION A LETTER EXPRESSING THE BOARD'S SUPPORT OF THE PRESIDENT, THE GOVERNOR, THE COUNTRY, AND ALL THE VICTIMS OF THIS TRAGIC EXPERIENCE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) O1-308 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM NOT LISTED ON THE AGENDA. (**1688) (NONE) O1-309 CLOSED SESSION: THE BOARD RECESSED AT 11:31 A.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) LARGE MOAK TRUST V. COUNTY OF BUTTE, BUTTE SUPERIOR COURT CASE NO. 124994; CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION/SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) ONE POTENTIAL CASE; AND PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/ RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER AND/OR INTERIM CHIEF ADMINISTRATIVE OFFICER. (**1695) RECONVENE: THE BOARD RECONVENED AT 1:07 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) LARGE MOAK TRUST V. COUNTY OF BUTTE, BUTTE SUPERIOR COURT CASE NO. 124994; CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION/SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) ONE POTENTIAL CASE; AND PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/ RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER AND/OR INTERIM CHIEF ADMINISTRATIVE OFFICER. (**1747) (NO ANNOUCEMENTS) Page 429 September 25, 2001 September 25, 2001 Public Hearincrs and Timed Items 01-310 Continued Public Hearing - Paradise Rod and Gun Club - Use Permit - consideration of an appeal of the Planning Commission's approval of a Conditional Use Permit to develop a private outdoor shooting range for pistol, rifle, and shotgun shooting on a 40 acre parcel zoned "U" (Unclassified) and S-H (Scenic Highway) and designated Grazing and Open Land by the Butte County General Plan (this is a project on which notice of intent to adopt a mitigated negative declaration regarding environmental impacts has been given). The rifle and pistol range will provide 10 shooting positions each, and the trap range will provide 5 shooting positions. Targets will be provided at 25, 50, 75, 100, 150, and 200 meters. A trap house will be developed for the trap range. The rifle range will be developed with shooting platforms that restrict shooting activity to the target area. Target areas will be improved with bunkers to intercept fired rounds. All improvements at the range will be developed in accordance with the National Rifle Association's standards and recommendations. All shooting activity will be controlled by a range safety officer. Typical activities at the range will include trap, rifle and pistol shooting, junior training clinics, California State hunter safety clinics, "zeroing" day, and law enforcement officer practice, training and certification (proposed for 1 day per month). Daily hours are proposed to be from 9:00 a.m. to sunset. The range will not be open to the general public. The shooting range facility will also include an archery range, dry cast fly fishing area, picnic area, 15 parking stalls, and portable restrooms. Access will be provided by an existing private driveway, which connects the property to the Skyway. The property is located approximately 2.8 miles southwest of the Town of Paradise, and southeast of, and adjacent to the Skyway, approximately 2.2 miles northeast of Rocky Bluffs Drive, northeast of, and adjacent to the Tuscan Ridge Golf Course development, and identified as APN 041-080- 049 (File No. UP O1-14 [DB]) - action requested - STAFF RECOMMENDS THE BOARD CONTINUE THE HEARING OPEN TO NOVEMBER 13, 2001, AT 1:00 P.M., AND INSTRUCT STAFF TO PREPARE AN AMENDED INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION AND TO REPUBLISH AND RECIRCULATE THIS DOCUMENT IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. (FROM 8-28-O1 [5.05] ) ) (**1750) PUBLIC HEARING RECONVENED AT 1:08 P.M. AND CONTINUED OPEN TO DECEMBER 11, 2001, AT 1:00 P.M. Page 430 September 25, 2001 September 25, 2001 O1-311 CLOSED SESSION: THE BOARD RECESSED AT 1:15 P.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) LARGE MOAK TRUST V. COUNTY OF BUTTE, BUTTE SUPERIOR COURT CASE NO. 124994; CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION/SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) ONE POTENTIAL CASE; AND PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/ RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER AND/OR INTERIM CHIEF ADMINISTRATIVE OFFICER. (**2045) RECONVENE: THE BOARD RECONVENED AT 2:34 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) LARGE MOAK TRUST V. COUNTY OF BUTTE, BUTTE SUPERIOR COURT CASE NO. 124994; CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION/SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b) ONE POTENTIAL CASE; AND PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/ RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER AND/OR INTERIM CHIEF ADMINISTRATIVE OFFICER. (**2063) (NO ANNOUNCEMENTS) ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD THE MEETING WAS ADJOURNED AT 2:35 P.M., TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, OCTOBER 9, 2001, AT 9:00 A.M. CURT JOSIASSEN, CHAIR ATTEST: Marion Reeves, Assistant Clerk of the Board of Supervisors Page 431 September 25, 2001