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HomeMy WebLinkAboutA031103BUTTE COUNTY BOARD OF SUPERVISORS AGENDA MARCH 11, 2003 :: ~ .:.:. -- ~~~ -~.--~ -_ ~~ ,_~- - - _ .:. ..: ~ ~- County Supervisors R.J. "Bob" Beeler, District 1 Jane Dolan, District 2 Mary Anne Houx, District 3 Curt Josiassen, District 4 Kim Yamaguchi, District 5 Paul McIntosh, Chief Administrative Bruce Alpert, County Counsel Officer and Clerk of the Board BUTTE COUNTY BOARD OF SUPERVISORS CALL TO ORDER Call to Order Administration Oroville. AGENDA-MARCH 11, 2003 - Board of Supervisors Room, County Building, 25 County Center Drive, Pledge of Allegiance to the Flag of the United States of America. Invocation - Pastor Wes Bristol, Magalia Community Church, Magalia. CORRECTIONS AND~OR CHANGES TO THE AGENDA 9:00 A.M. 1.00 1.01 1.02 1.03 2.00 3.00 BEHAVIORAL HEALTH CONSENT AGENDA 3.01 * 7th Avenue Center - Amendment - approval is requested for an amendment to the agreement with 7th Avenue Center for the provision of 24-hour skilled nursing services for at-risk clients. The amendment increases the maximum amount payable by $21,328.75 (department budget) for additional clients and service hours. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13796) 3.02 * Community Living Centers/JOBS PLUS - Amendment - approval is requested for an amendment to the agreement with Community Living Centers/JOBS PLUS for the provision of vocational experience to clients of the Oroville Outpatient Program. The amendment provides for revisions to the Service Proposal. All other terms and provisions, including maximum amount payable, remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contact No. X13633) 3.03 * Crestwood Behavioral Health, Inc. - Amendment - approval is requested for an amendment to the agreement with Crestwood Behavioral Health, Inc., for the provision of Institutes for Mental Disease and Enhancement services. The amendment decreases the maximum amount payable by a total of $35,351.78 within various service areas for fiscal year 2002-2003. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. 11075) PAGE 1 MARCH 11, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003 3.04 * Merced Manor - Amendment - approval is requested for an amendment to the agreement with Merced Manor for the provision of community mental health services for chronic mentally disordered patients. The amendment increases the maximum amount payable by $14,023.03 (department budget) to provide services to additional clients. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13666) 3.05 * Skyway House - Amendment - approval is requested for an amendment to the agreement with Skyway House for the provision of day services and long-term residential recovery services. The amendment increases the maximum amount payable by $1,777.50 (department budget) to provide services to additional clients. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13629) 3.06 * 18A and 18B County Center Drive - Facilities Modification Budget Transfer - approval is requested to transfer $161,269 of department funds to provide for facilities modifications to the offices located at 18A and 18B County Center Drive, Oroville - action requested - APPROVE BUDGET TRANSFER B-318 (4/5 vote required); AND APPROVE INCREASE IN COUNTY FACILITIES SERVICES ISF (720.001). BOARD OF SUPERVISORS 3.07 * Facilities Master Plan Steering Committee - Supervisor Josiassen submits District 4 Representatives to the Facilities Master Plan Steering Committee - action requested - APPOINT ED BECKER AND MIKE BOTTORFF, DISTRICT 4 REPRESENTATIVES. CLERK OF THE BOARD 3.08 Bangor Cemetery District Appointments - the District has submitted recommendations for trustee appointments - action requested - REAPPOINT KEN SARNECKI, DIANNA LINK, AND NOREEN RICE, TRUSTEES, TO TERMS TO END JANUARY 1, 2007. PAGE 2 MARCH 11, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003 COUNTY COUNSEL 3.09 * Demolition of Existing Structure - approval is requested for a resolution directing demolition of the structure located on an historically flood-prone parcel of property acquired by the County under the Hazard Mitigation Grant Program. The property is located at 13898 Highway 99, Chico. Under federal regulations, properties acquired under the Hazard Mitigation Grant Program, from which structures are removed, are to be dedicated and maintained in perpetuity for uses compatible with open space, recreational, or wetlands management practices, and that a restrictive covenant be recorded which encumbers the property in accordance with the restrictions. The proposed resolution directs demolition of the existing structure on the property and authorizes the Clerk of the Board to record the deed restriction - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT THE RECORDING OF THE DEED RESTRICTION. DEVELOPMENT SERVICES 3.10 * Introduction of an Ordinance Correcting the Legal Description of Ordinance 3767 - approval is requested for an ordinance which will correct the legal description attached to Ordinance 3767, an ordinance zoning a portion of the County of Butte, State of California, a C-1 (Light Commercial) district, pursuant to section 24-25.40 of the Butte County Code. On September 11, 2001, the Board approved a Conditional Rezone of 8 +/- acres of land on the northwest corner of Highway 99 and B Street in the Biggs area to C-1 (Light Commercial). Subsequent to the approval of the project an error was discovered in the legal description of the area rezoned. The proposed ordinance will correct the legal description. Staff is also requesting the Board approve a revised Conditional Zoning Agreement containing the corrected legal description - action requested - FIND THAT THIS PROJECT CORRECTS THE LEGAL DESCRIPTION CONTAINED IN A PREVIOUSLY APPROVED REZONE AND CONDITIONAL ZONING AGREEMENT. AN INITIAL STUDY WAS PERFORMED FOR THE PREVIOUS PROJECT AND MITIGATION MEASURES WERE INCORPORATED INTO CONDITIONS OF THE PROJECT APPROVAL. THE CHANGE TO THE LEGAL DESCRIPTION WILL NOT HAVE ANY IMPACTS ON THE ENVIRONMENT; WAIVE THE READING OF THE ORDINANCE; AND AUTHORIZE THE CHAIR TO SIGN A CONDITIONAL ZONING AGREEMENT CONTAINING A CORRECTED LEGAL DESCRIPTION. 3.11 * Keith Long - Amendment - approval is requested for an amendment to the agreement with Keith Long for the provision of plan check services for the Building Division. The amendment extends the term of the agreement through June 30, 2004, and increases the maximum amount payable by $20,000 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13804) PAGE 3 MARCH 11, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003 DISTRICT ATTORNEY 3.12 * California Department of Insurance-Auto Insurance Fraud Program - Grant Revenue - approval is requested to accept $113,682 in additional grant revenue received from the California Department of Insurance for the Auto Insurance Fraud Program. The department is proposing to appropriate $27,478 of the unanticipated revenue into the fiscal year 2002-2003 budget and to allocate the remaining $86,204 into a trust fund to fund the program in fiscal year 2003-2004. Board approval is also requested to accept and appropriate $33,027 in fiscal year 2001-2002 carryover funds into the fiscal year 2002-2003 budget - action requested - APPROVE BUDGET TRANSFER B-325 (4/5 vote required) ACCEPTING, APPROPRIATING AND ALLOCATING UNANTICIPATED GRANT REVENUE AS DETAILED IN THE AGENDA REPORT. 3.13 * California Department of Insurance-Workers' Compensation Insurance Fraud Program - Grant Revenue - approval is requested to accept $111,803 in additional grant revenue received from the California Department of Insurance for the Workers' Compensation Insurance Fraud Program. The department is proposing to allocate the funds into a trust fund to fund the program in fiscal year 2003-2004. Board approval is also requested to transfer $65,682 from the General Fund Appropriation for Contingencies to correct an accounting error which transferred fiscal year 2001- 2002 carryover grant funds to the General Fund. The department is proposing to utilize the fiscal year 2001-2002 carryover funds in the current fiscal year. The department is also requesting Board approval for the fixed asset purchase of equipment in the amount of $20,172 to outfit an existing vehicle to industry standards for fraud investigations and evidence gathering - action requested - APPROVE BUDGET TRANSFER B-324 (4/5 vote required) ACCEPTING, APPROPRIATING AND ALLOCATING UNANTICIPATED GRANT REVENUE AS DETAILED IN THE AGENDA REPORT AND TRANSFERRING, ACCEPTING AND APPROPRIATING $65,682 FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE AGENDA REPORT; AND APPROVE THE PURCHASE OF FIXED ASSET EQUIPMENT IN THE AMOUNT OF $20,172. EMPLOYMENT AND SOCIAL SERVICES 3.14 * Northern California Youth and Family Programs - Amendment - approval is requested for an amendment to the agreement with Northern California Youth and Family Programs for the administration and provision of a receiving home/emergency shelter program. The amendment increases the maximum amount payable by $25,000 ($12,500 Promoting Safe and Stable Families Family Preservation Funds/$12,500 Promoting Safe and Stable Families Family Support Funds). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13135) PAGE 4 MARCH 11, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003 3.15 * Zasio Enterprises, Inc. - approval is requested for an agreement with Zasio Enterprises, Inc., for the installation and upgrade of Versatile Enterprise Software. The software will be used as a file management tracking system for Adult and Children's Services. The agreement is an open ended agreement starting February 4, 2003, with a maximum amount payable of $29,228.60 (department budget). Annual support costs will be budgeted each year - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14029) GENERAL SERVICES 3.16 * Courthouse Expansion Project - Budget Transfer - approval is requested to accept and appropriate $3,315 received from the Superior Court of California, County of Butte, for payment of architectural services for the Courthouse Expansion Project - action requested - APPROVE BUDGET TRANSFER B-322 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 3.17 * DLR Group, Inc. - Amendment - approval is requested for an amendment to the agreement with DLR Group, Inc., for the provision of architectural and engineering services for the Courthouse Expansion Project. The amendment revises the scope of work to include design of the north parking lot, increased holding area size, adding an external transfer corridor, and development of a public waiting area. The amendment also increases the maximum amount payable by $25,350 for the additional work. The cost of the agreement increase will be funded by the Superior Court of California, County of Butte - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 5 MARCH 11, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003 HUMAN RESOURCES 3.18 * Resolution to Amend the Salary Ordinance - approval is requested for a resolution which will amend the salary ordinance as follows: DISTRICT ATTORNEY-CRIMINAL - adds one sunset position of Paralegal, one flexibly staffed sunset position of Office Assistant III/II/I, one flexibly staffed sunset position of District Attorney Investigator II/I, and one flexibly staffed sunset position of Deputy District Attorney IV/III/II/I. All positions sunset 6-30-03 and are in support of the California Department of Insurance Auto Insurance Fraud and Workers' Compensation Insurance Fraud Programs. PUBLIC HEALTH-GENERAL SERVICES - deletes two and a half positions of Public Health Nurse Practitioner/Public Health Nurse III/II/I and adds two and a half positions of Certified Nurse Practitioner/ Public Health Nurse III/II/I. BEHAVIORAL HEALTH-GENERAL SERVICES - deletes one position of Supervisor-Mental Health Nurse and one position of Supervisor-Mental Health Clinician and adds one position of Certified Nurse Practitioner and one position of Supervisor-Mental Health Counselor. LIBRARY - deletes one position of Librarian II and adds one flexibly staffed position of Librarian II/I. SALARY PLANS FOR LAW ENFORCEMENT (REFERENCE D AND E) - reduces the salary for the District Attorney Investigator classifications by 20, effective March 15, 2003, as a result of the implementation of the 3o at 50 retirement benefit. SALARY PLAN FOR CLASSIFIED POSITIONS (REFERENCE F) - sets the salary range for the Assistant Chief Probation Officer at $32.37-$39.34, retroactive to July 6, 2002. SALARY PLAN FOR CLASSIFIED POSITIONS (REFERENCE G) - changes the job title of the classification of Public Health Nurse Practitioner to Certified Nurse Practitioner - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. INFORMATION SYSTEMS 3.19 * Modify Fixed Assets - approval is requested for modifications to the fixed assets approved for purchase in the fiscal year 2002-2003 budget. The department is proposing to purchase alternative equipment as a result of changes in network technology. The department will delete the purchase of a central switch, T-1 interface module and a fire wall system in the amount of $153, 450 and replace it with the purchase of 10 ML series servers, a 7200 series router module, a UPS power backup unit, server racks and air conditioners in the amount of $153,450 - action requested - APPROVE MODIFICATION TO FIXED ASSETS APPROVED FOR PURCHASE IN THE FISCAL YEAR 2002-2003 FINAL BUDGET AS DETAILED IN THE AGENDA REPORT. PAGE 6 MARCH 11, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003 LIBRARY 3.20 * Library Book Trust Fund - Budget Transfer - approval is requested to transfer $50,000 from the Library Book Trust Fund to the Library's budget for the purchase of books - action requested - APPROVE BUDGET TRANSFER B-321 (4/5 vote required) ACCEPTING AND APPROPRIATING TRUST FUND REVENUE AS DETAILED IN THE STAFF REPORT. PUBLIC HEALTH 3.21 * California Department of Health Services - AIDS Master Grant Agreement - Amendments - approval is requested for amendments to the Revenue Agreements with the California Department of Health Services for funds to perform a variety of AIDS related services. Evaluating Local Interventions is one of the programs funded under the Master Agreement and the State has made an additional $1,534 available for fiscal year 2002-2003. The additional funding will allow for the Memorandum of Understanding for the Evaluating Local Interventions program to be extended through June 30, 2003. Changes to the Memorandum of Understanding will result in a change to the Master Grant Agreement in the same amount. Board approval is requested to approve amendments to both agreements to reflect the increased funding - action requested - APPROVE AGREEMENT AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING FOR THE EVALUATING LOCAL INTERVENTIONS PROGRAM AND AUTHORIZE THE DIRECTOR OF PUBLIC HEALTH TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE AMENDMENT TO AIDS MASTER GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract Nos. R40331 and R40507) 3.22 * California Department of Health Services - approval is requested for a revenue agreement with the California Department of Health Services for funds to support immunization activities for infants and children. The term of the agreement is January 1, 2003, through December 31, 2003, with a maximum amount payable to the County of $61,530 (1000 State funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.23 * Purchase of Vehicle - approval is requested to purchase a compact 4 x 4 sport utility vehicle or extended cab pickup for the solid waste enforcement division of Environmental Health. The Public Health Department has been awarded a Local Enforcement Grant in the amount of $19,751 from the California Integrated Waste Management Board and will utilize the grant funds for the vehicle purchase - action requested - APPROVE BUDGET TRANSFER B-319 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF A VEHICLE FOR THE SOLID WASTE ENFORCEMENT DIVISION. PAGE 7 MARCH 11, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003 PUBLIC woxxs 3.24 * Contribution to the Town of Paradise - Paradise Vegetative Waste Collection Facility - approval is requested to contribute $5,000 to the Town of Paradise to help fund the Paradise Vegetative Waste Collection Facility. The facility is a collection service targeting green and/or yard waste and is part of the efforts designed to comply with AB 939. The facility is utilized by residents of the Town of Paradise and residents in the unincorporated areas on the Paradise Ridge. The Solid Waste Committee supports the request for the $5,000 contribution. The contribution will be funded by Neal Road Landfill Management Fund funds - action requested - APPROVE MONETARY CONTRIBUTION OF $5,000 TO THE TOWN OF PARADISE AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO FACILITATE REQUEST. 3.25 * Golder Associates, Inc. - Amendment - approval is requested for an amendment to the agreement with Golder Associates, Inc., for the preparation of a leachate impoundment design report and associated construction documents in support of the Module 4, Phase I Expansion at the Neal Road Landfill. The proposed amendment provides for the design of a sedimentation basin at the west end of the landfill to mitigate potential off-site sedimentation transport, and increases the maximum amount payable by $73,042 (Neal Road Landfill Management Fund) for the additional work. 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. X13440) 3.26 * California Vocations, Inc. - approval is requested for an agreement with California Vocations, Inc., for the provision of curbside recycling services in Paradise and the Upper Ridge area. The term of the agreement is October 1, 2002, through September 30, 2005, with a maximum amount payable of $150,700 (Neal Road Landfill Management Fund) for the multi-year term - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13991) PAGE 8 MARCH 11, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003 3.27 * Blossom Estates Subdivision - Final Map - Blossom Estates Subdivision is a conditionally approved sixteen lot public street subdivision totaling 16.8 acres located on the southeast corner of Durham Dayton Highway and Turner Lane in the community of Durham. The property owners have complied with all Conditions of Approval and have posted an Irrevocable Letter of Credit to ensure that all road and drainage facilities will be constructed to County standards. County Service Area No. 177 has been established to provide street lighting and drainage - action requested - APPROVE FINAL MAP; ACCEPT THE FEE SIMPLE GRANT TO DURHAM DAYTON HIGHWAY, SUNSUP LANE, AND SOUTHWIND COURT AS SHOWN IN ITEM "A" OF THE OWNER'S STATEMENT; ACCEPT RELINQUISHMENT OF ABUTTER'S RIGHTS OF ACCESS ALONG DURHAM DAYTON HIGHWAY AS SHOWN IN ITEM "D" OF THE OWNER'S STATEMENT; ACCEPT ON BEHALF OF THE ENTITIES NAMED THE DEDICATIONS SHOWN IN ITEMS "B" AND "C" OF THE OWNER'S STATEMENT; AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. 3.28 * Public Works Maintenance Yard Repairs - Budget Transfer - approval is requested for a transfer of $14,412 of department funds to provide for payment of repairs to the building in the Paradise maintenance yard which was damaged during a storm in December 2002 - action requested - APPROVE BUDGET TRANSFER B-320 (4/5 vote required) AS DETAILED IN THE AGENDA REPORT. SHERIFF- CORONER 3.29 * Chico Substation - Facilities Maintenance Budget Transfer - approval is requested to transfer $2,781 of department funds to provide for the removal of asbestos t he and the installation of carpet in the Chico Substation - action requested - APPROVE BUDGET TRANSFER B-317. 3.30 * Sheriff's Office Communications Reserve - Charter - approval is requested for a Charter for the Butte County Sheriff's Office Communications Reserve. The charter will revise the organization for the group, which functions as backup communications personnel during emergencies and disasters, to satisfy requirements needed to establish a nonprofit tax exempt corporation to fund emergency communications needs and to make the unit eligible for federal funds when available - action requested - APPROVE CHARTER AND AUTHORIZE THE CHAIR TO SIGN THE APPROVALS AND CONCURRENCES. PAGE 9 MARCH 11, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003 TREASURER-TAX COLLECTOR 3.31 * Courthouse Certificates of Participation Refunding - pursuant to Board direction, the Treasurer-Tax Collector has completed the necessary steps to finalize the refinancing of the existing 1993 Justice Facility Project (Courthouse) Certificates of Participation. The refinancing will result in a net savings to the County in excess of $150,000 over the remaining life of the bonds - action requested - AUTHORIZE THE TREASURER- TAX COLLECTOR TO FINALIZE THE REFUNDING OF THE 1993 JUSTICE FACILITY CERTIFICATES OF PARTICIPATION; AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 4.00 REGULAR AGENDA APPOINTMENTS 4 . 01 * Appointments to Boards, COmm1SS10T1S and Committees . 1. Appointments to Listed Vacancies. PRESENTATION AND DISCUSSION ITEMS 4.02 * Report to the Board - Nuisance Abatement Program - update on the status of the program - action requested - ACCEPT FOR INFORMATION. (DEVELOPMENT SERVICES) 4.03 * Integrated Groundwater Management Program and Plan Ordinance - consideration of a proposed ordinance that is intended to: 1) identify and implement, on a comprehensive and integrated basis, existing County ordinances and land use planning policies and their applicability and effect on groundwater management and regulation within the County; 2) protect the groundwater resources within the County through the management and regulation of groundwater pursuant to the County's police power and land use authority; 3) coordinate and cooperate with local water agencies and purveyors and groundwater users within the County; and 4) provide a minimum and uniform standard of groundwater protection within the County - action requested - FIND THAT THE ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCESS; AND DIRECT STAFF TO CONTINUE MEETING WITH MEMBERS OF THE PUBLIC TO RECEIVE INPUT ON THE CONTENTS OF THE ORDINANCE AND/OR WAIVE READING OF THE ORDINANCE. (COUNTY COUNSEL) 4.04 * Items Removed from the Consideration and Action. PAGE 10 Consent Agenda for Board MARCH 11, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003 BUDGET AND LEGISLATIVE UPDATE 4.05 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. 4.06 Recess as the Butte County Board of Supervisors and Convene as the Butte County In-Home Supportive Services Public Authority Board. BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY AGENDA MARCH 11 , 2003 1.00 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. 2.00 Agenda Items 2.01 * California Public Employees' Retirement System - consideration of an agreement with the California Public Employees' Retirement System (CalPERS) for the provision of retirement benefits for the five employees hired to conduct the business of the Public Authority - action requested - ADOPT RESOLUTION OF INTENTION TO APPROVE A CONTRACT WITH THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND AUTHORIZE THE CHAIR TO SIGN. 3.00 Public Comment 4.00 Closed Session 4.01 Conference with Labor Negotiators Government Code Section 54957.6: Agency Representatives: Employee Organization: 5.00 Adjournment Craig Jory Gravette. Pursuant to and Jeanne United Domestic Workers of America. Adjourn as the In-Home Supportive Services Public Authority Board and Convene as the Butte County Public Facilities Financing Corporation. PAGE ll MARCH 11, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003 PUBLIC FACILITIES FINANCING CORPORATION SPECIAL MEETING AGENDA Mr~zcx 11 , 2003 1.00 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. 2.00 Aaenda Items 2.01 * 1993 Justice Facility Certificates of Participation - consideration of the refunding of the Certificates of Participation - action requested - ADOPT RESOLUTION AND AUTHORIZE THE PRESIDENT, BOARD OF DIRECTORS, TO SIGN. 3.00 Public Comment 4.00 Adjournment Adjourn as the Butte County Public Facilities Financing Corporation and Reconvene as the Butte County Board of Supervisors. PAGE 12 MARCH 11, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003 BUTTE COUNTY BOARD OF SUPERVISORS CONTINUED AGENDA rJ . OO PUBLIC HEARINGS AND TIMED ITEMS 10:15 A.M. 5.01 * Public Hearing and Timed Item - Community Development Block Grant Income and Southside Oroville Community Center. 1. Timed Item: A. Update on the Southside Oroville Community Center - report to the Board on the status of the Southside Oroville Community Center Project - action requested - ACCEPT FOR INFORMATION. 2. Public Hearing - consideration of a proposed amendment to Community Development Block Grant (CDBG) Grant No. 02-EDBG-874 to authorize the transfer of up to $650,000 in Program Income to assist with funding the following eligible activities: 1) Veterans Memorial Hall Expansion Plan Feasibility Study (up to $35,000); 2) Purchase of Land for Low/Moderate Housing (874 E. 20th Street, Chapman) (up to $160,000); and 3) Southside Oroville Community Center Outstanding Building Improvements (up to $455,000); - actions requested - OPEN PUBLIC HEARING TO CONSIDER: A. Amendment of County Program Income Reuse Plan - the allocation of CDBG funds for the purchase of land for purposes of constructing low/moderate housing will require the Board to amend the program income reuse plan by adding the following language, "Section V(G) The purchase of property for the purpose of providing low/moderate housing." - action requested - APPROVE AMENDMENT TO COUNTY REUSE PLAN GOVERNING THE USE OF PROGRAM INCOME FROM COMMUNITY DEVELOPMENT BLOCK GRANTS. (Continued on Page 14) PAGE 13 MARCH 11, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003 5.01 2. B. Consideration of the Amendment of CBDG Open Grant No. 02-EDBG-874 - to authorize the transfer of up to $650,000 of CDBG Program Income to assist with funding several CDBG eligible activities. The Program Income will be allocated as follows: 1) Veterans Memorial Hall Expansion Plan Feasibility Study ($35,000); 2) Purchase of Land (874 E. 20th Street, Chapman) for Low/Moderate Housing ($160,000); and 3) Southside Oroville Community Center Outstanding Building Improvements ($455,000) - action requested - AUTHORIZE PROPOSED USE OF $650,000 OF PROGRAM INCOME AND APPROVE BUDGET TRANSFER B-326; AND ADOPT RESOLUTION ADOPTING AN AMENDMENT TO CDBG GRANT NO. 02- EDBG-874 TO INCLUDE THE ALLOCATION OF CDBG PROGRAM INCOME FOR ADDITIONAL CDBG ELIGIBLE ACTIVITIES AND AUTHORIZE THE CHAIR TO SIGN. 3. Timed Item: A. Award of Bid - bids have been received for landscaping the Southside Oroville Community Center, with the low bidder meeting specifications being JMS & Associates in the amount of $164,688 - action requested - APPROVE BUDGET TRANSFER B-328 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE FOR THE LANDSCAPING PROJECT; AND APPROVE AGREEMENT WITH JMS & ASSOCIATES AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 10:30 A.M. 5.02 * Public Hearing - County Service Area No. 149 (Biggers Subdivision) - Protest Hearing and Ballot Proceeding - on January 14, 2003, the Board adopted Resolution No. 03-005, setting a public hearing to conduct a protest hearing and ballot proceeding to consider an increase in per parcel service charges for County Service Area (CSA) No. 149 - action requested - OPEN PUBLIC HEARING; REQUEST PROPERTY OWNER PROTESTS AND/OR BALLOTS; CLOSE HEARING; REQUEST PROTEST AND BALLOT RESULTS FROM THE CLERK OF THE BOARD; AND IF A MAJORITY PROTEST DOES NOT EXIST, AND THE MAJORITY OF BALLOTS ARE IN FAVOR OF THE INCREASE, ADOPT A RESOLUTION APPROVING THE INCREASED SERVICE CHARGE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 1-14-03 [3.47]) PAGE 14 MARCH 11, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003 10:35 A.M. 5.03 * Public Hearing - Rename Road - on February 25, 2003, the Board adopted Resolution of Intention No. 03-034, proposing to rename Christopher J. Court, from La Miranda Avenue to the end, to Palm Vista Lane - action requested - ADOPT RESOLUTION APPROVING NAME CHANGE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-25-03 [3.30]) 10:40 A.M. 5.04 * Public Hearing - Extension of Speedway Avenue from Midway to Entler Avenue (County Project No. 502550-99- 1) - Initial Study and Proposed Mitigated Negative Declaration Regarding Environmental Impacts - the proposed Speedway Avenue project is anticipated to extend from the existing intersection at Midway to Entler Avenue where it currently curves to parallel State Route 99. The County proposes to improve the existing Speedway Avenue from Midway Avenue to the abandoned Union Pacific Railroad right-of-way and extend Speedway Avenue east to connect with the proposed Entler Avenue extension. The County has reviewed and considered the proposed project and has determined that, subject to mitigation measures identified in the Negative Declaration, the project will not have a significant effect on the environment, with substantial supporting evidence provided in the Negative Declaration. The County has prepared and proposes to adopt a Mitigated Negative Declaration regarding environmental impacts for this project. The purpose of the public hearing it to receive public comment and testimony on the proposed Mitigated Negative Declaration. The public review period for the Mitigated Negative Declaration will end on March 22, 2003. A public hearing will be held on April 8, 2003, to consider certification and adoption of the Mitigated Negative Declaration - action requested - OPEN PUBLIC HEARING TO ACCEPT PUBLIC TESTIMONY AND COMMENT; CLOSE PUBLIC HEARING; DIRECT STAFF TO ASSEMBLE ALL WRITTEN COMMENTS RECEIVED DURING THE PUBLIC HEARING AND 30-DAY PUBLIC REVIEW PERIOD FOR PREPARATION OF RESPONSES TO COMMENTS AND PROPOSED MITIGATIONS; AND DIRECT A PUBLIC HEARING BE SET FOR APRIL 8, 2003, AT 10:30 A.M. FOR CONSIDERATION OF CERTIFICATION OF THE MITIGATED NEGATIVE DECLARATION AND THE PROJECT. PAGE 15 MARCH 11, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 11, 2003 1:00 P.M. 5.05 * Public Hearing - Consideration of an Ordinance Amending Flood Hazard Prevention and Special Permit Zone II Levee and Building Regulations in Chapter 26 of the Butte County Code Regarding Conversion or Restoration of Land for Conservation Purposes, and an Ordinance Requiring a Use Permit for the Conversion of Land for Conservation Purposes - proposed are the following two ordinances: 1. An Ordinance Amending Flood Hazard Prevention and Special Permit Zone II Levee and Building Regulations in Chapter 26 of the Butte County Code Regarding Conversion or Restoration of Land for Conservation Purposes - the proposed ordinance is intended to regulate specified activities for the purpose of protecting people and property from flood hazards and protecting man-made conditions on farmland within the unincorporated area of Butte County which is adjacent to land upon which a conversion to natural habitat is proposed; and 2. An Ordinance Requiring a Use Permit for the Conversion of Land for Conservation Purposes - the proposed ordinance is intended to regulate the conversion of land for conservation purposes. The purpose of such regulation is to insure that environmental impacts which emanate from lands converted from existing uses are mitigated by the owners of the land converted and to insure that the expenses of the mitigation of such impacts are not shifted to County taxpayers. Action requested - FIND THAT BOTH ORDINANCES ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PROCESS; AND WAIVE READING OF THE ORDINANCES. F) . OO PUBLIC COMMENT 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. 7.00 CLOSED SESSION 7.01 Conference with Legal Counsel Regarding Initiation of Litigation Pursuant to Government Code Section 54956.9(c) one potential case. PAGE 16 MARCH 11, 2003 Information and Procedures Concerning the Agenda and Conduct of the Board of Supervisors Meetings Meeting Information: Meetings are generally held the second and fouth Tuesday of each month. Meetings start at 9:00 a.m. and are held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted meeting calendar for the year are available in the County Administrative Office or at the Clerk of the Board website at www.buttecounty.net/cob. Agenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72 hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to explain each agenda item (excluding documents that are not a public record within the meaning of the Public Records Act) are available for your review at the County Administrative Office, the Chico, Oroville, and Paradise libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies of supporting materials can be made for you at a charge to cover costs. The list of communications included with the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have been received but not included in the agenda supporting material. Copies of all communications received by the Board of Supervisors (excluding documents that are not a public record within the meaning of the Public Records Act) are available at the Administrative Office upon request. An (*) appearing before an agenda item signifies that material has been provided to the Board of Supervisors members to explain that item. Agenda Format and Meeting Order: The agenda is usually organized into the following areas and meetings generally proceed in the following order: 1. ConsentAgenda: these are items that are considered routine and are handled by one motion and vote of the Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in the back of the board room) and give it to the Clerk of the Board (sitting to the right of the Board) or, when the Chair asks if there is anything anyone would like to remove from the ConsentAgenda, stand and approach the podium and request the item be removed. The removed items are discussed at the end of the Regular Agenda. 2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items removed from the Consent Agenda are discussed under this section. 3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time listed, but will never start before the time listed. 4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda, but may respond to statements or questions and provide staff direction. 5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances. This area ofthe agenda identifies those items that will be discussed during the closed session. Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow members of the public the opportunity to comment on all matters before the Board. Public participation is limited to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing of these policies and procedures can be found in the printed booklet agenda, obtained at the County Administrative Office, or viewed at the Clerk of the Board website. The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with special needs should call the Clerk of the Board at 530-538-7631, Monday through Friday, 8:00 a.m. to 5:00 p.m. to request disability-related modifications/accommodations or to request materials in alternate formats. All requests for special accommodations and/or alternative format documents must be made 48 hours prior to the meeting. For further information contact the: Clerk of the Board of Supervisors County Administrative Office 25 County Center Drive, Oroville, CA 95965 530-538-7631 www.buttecounty.net/cob