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HomeMy WebLinkAboutM012500.'~ '`~ ~'~`~'o. ;wg ems: MINUTES ~°~ ` °=~= :*= e~t~ M M~~ ~ ~~t• .~ • ~Vl, •,~~~G'O ~~,. BOARD OF SUPERVISORS R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District FRED C. DAVIS, 5th District January 25, 2000 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Beeler, Houx, Josiassen, and Chair Dolan. Also present: John S. Blacklock, Chief Administrative Officer; Susan Minasian, County Counsel; and Marion Reeves, Assistant Clerk of the Board. Not Present: Supervisor Davis. Pledge of Allegiance to the Flag of the United States of America. Consent A ecr nda 00-23 1. Approval of Minutes - action requested - APPROVE MINUTES OF DECEMBER 7, 1999; DECEMBER 14, 1999; AND JANUARY 11, 2000. 2. Budget Transfers - action requested - APPROVE BUDGET TRANSFERS B-146 (Appropriation for Contingencies/Probation-General Services) AND B-147 (Sheriff's Office). (Budget transfers listed above require a 4/5 vote.) 3. County Library Donations - in accordance with Government Code Section 25355, donations of $1,735 from Chico Friends of the Library, and $500 from Paradise Friends of the Library, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. Computer Donation - Sheriff's Office - the California Department of Justice has donated a computer valued at $200 to the Sheriff's Office. The computer will be utilized to view Megan's Law software - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION. 5. Snowmobile Donation - Sheriff's Office - Butte County Search and Rescue has purchased two snowmobiles in the amount of $6,569 each, and a snowmobile trailer in the amount of $1,019, and has donated that equipment to the Sheriff's Office - action requested - ACCEPT DONATIONS AND AUTHORIZE A LETTER OF APPRECIATION. Page 18 January 25, 2000 January 25, 2000 00-23 6. Animal Control Advisory Board - action requested -ACCEPT RESIGNATION OF JAMES CUMBERLAND, REPRESENTATIVE, NORTHWEST SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (NWSPCA) AND AUTHORIZE A LETTER OR APPRECIATION; AND APPOINT RENEE HARDIN, REPRESENTATIVE, NWSPCA. 7. Law Library Trustees - action requested - REAPPOINT RAOUL LECLERC AND GARY KNIPPEN TO TERMS TO END JANUARY 2001. 8. Local Child Care Planning Council - Approval of Council Membership and Annual Report - action requested - APPROVE COUNCIL MEMBERSHIP LIST AS SUBMITTED BY THE BUTTE COUNTY LOCAL CHILD CARE PLANNING COUNCIL AND APPOINT MEMBERS TO DESIGNATED TERMS; AND ACCEPT ANNUAL REPORT FOR INFORMATION. 9. Award of Bid No. 57-00 - Cab and Chassis with Aerial Lift - bids have been opened for the purchase of a cab and chassis utility body unit and aerial lift for the Buildings and Grounds division, with the low bidder being Mobile Tool International of Westminster, Colorado, in the amount of $55,990.89 (department budget) including tax and Department of Motor Vehicle fees. A budget transfer in the amount of $13,800 is requested to provide necessary funding for the purchase - action requested - APPROVE BUDGET TRANSFER B-152 (4/5 vote required) AND AWARD BID. 10. Computer Router Purchase - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for the purchase of a computer router in the amount of $3,500 to be utilized in the establishment of the BCDBH Internet T-1 connection. A budget transfer of departmental funds is also requested to cover the cost of the equipment - action requested - APPROVE BUDGET TRANSFER B-150 AND APPROVE PURCHASE OF A FIXED ASSET ITEM. 11. Computer Server Purchase - Board approval is requested by the Butte County Department of Behavioral Health for the purchase of a computer server in the amount of $12,591. The server is needed to support the Speedware software program which was approved by the Board in November 1999. A budget transfer of departmental funds is also requested to cover the cost of the equipment - action requested - APPROVE BUDGET TRANSFER B-149 AND APPROVE PURCHASE OF A FIXED ASSET ITEM. 12. Gates Library Initiative Grant Program - on October 26, 1999, the Board approved the submission of a grant application to the Gates Library Initiative Grant Program. The Director of Libraries has received notification that the County has been awarded $86,470. The funds will be utilized to purchase computers and to support the grant program. Board approval is requested to accept the grant award and to authorize the purchase of four fixed asset computer servers in the amount of $4,400 each - action requested - APPROVE BUDGET TRANSFER B-151 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE; AND APPROVE PURCHASE OF FIXED ASSET ITEMS. Page 19 January 25, 2000 January 25, 2000 00-23 13. Final Audit Report and Management Letter for Fiscal Year 1998- 99 - the Auditor-Controller submits the Final Audit Report, Management Letter, Agreed-Upon Procedures Report for Appropriations Limit Calculation, Transportation Development Act Funds Audit Report, and Transit Funds Audit Report for fiscal year 1998-99 - action requested - ACKNOWLEDGE RECEIPT OF REPORTS AND MANAGEMENT LETTER AND DIRECT ADMINISTRATIVE OFFICE STAFF TO TRANSMIT ALL INFORMATION TO THE GRAND JURY. 14. Adoption of a Salary Ordinance Amendment - the Personnel Department has prepared a salary ordinance amendment which corrects typographical errors contained in previously adopted salary ordinance amendments passed in 1999. Changes made by the proposed ordinance are editorial in nature with no substantive changes to intent or outcome of the original documents. The changes are intended to clarify previously adopted ordinances, therefore, the changes being proposed will be retroactive to the original ordinances enactment dates - action requested - ADOPT ORDINANCE 3576 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 1-11-00) 15. Adoption of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which deletes one term position of Program Manager (term to end 6-30-00), and adds one term position of Program Manager-Butte County Children & Families Commission (term to end 6-30-00) This ordinance corrects the title of a position approved in Ordinance No. 3563, adopted December 7, 1999 - action requested - ADOPT ORDINANCE 3577 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 1-11-00) 16. Adoption of an Ordinance - Correction to Wireless Communication Facilities Ordinance - the Development Services Department is requesting Board approval of an ordinance which corrects Subpart (b) of Subsection F.4, entitled, "New Monopoles or Towers" of Section 24-262 of the Butte County Code, correcting the zones in which the 30 foot height limitation is to apply - action requested - ADOPT ORDINANCE 3578 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 1-11-00) 17. Introduction of a Salary Ordinance Amendment - County Counsel has requested the Personnel Department prepare a salary ordinance amendment which deletes one position of Staff Services Systems Specialist/Senior Staff Services Systems Specialist in response to a departmental reorganization - action requested - WAIVE READING OF THE ORDINANCE. 18. Introduction of a Salary Ordinance Amendment - County Counsel has requested the Personnel Department prepare a salary ordinance amendment which adds one position of Deputy County Counsel IV - action requested - WAIVE READING OF THE ORDINANCE. (FROM 1-11-00) Page 20 January 25, 2000 January 25, 2000 00-23 19. Introduction of a Salary Ordinance Amendment - the Public works Department has requested the Personnel Department prepare a salary ordinance amendment which creates the positions of Associate Surveyor and Assistant Surveyor to better reflect and redefine the job duties of the Civil Engineering-Supervisor position. The ordinance also reclassifies one flexibly staffed position of Civil Engineering-Assistant/Civil Engineering-Associate in the Public works-General Services division to Associate Surveyor/Assistant Surveyor; and reclassifies one flexibly staffed position of Civil Engineering-Assistant/Engineering Technician II/I in the Public works-Engineering and Administration division to Assistant Surveyor/Engineering Technician II/I - action requested - WAIVE READING OF THE ORDINANCE. 20. Introduction of a Salary Ordinance Amendment - the welfare Department has requested the Personnel Department prepare a salary ordinance amendment which adds one position of Specialist - Public Guardian/Public Administrator to the welfare Department in response to caseload demands on the Public Guardian/Public Administrator division. Funding for this position is available in the welfare Department budget, and Board approval is requested on a budget transfer to allocate the funds needed for the position. Board approval is also requested for a budget transfer in the amount of $7,000 (department budget) to provide funds to meet special needs of Public Guardian clients, such as transportation costs, medical costs not covered by insurance, and estate disposition costs - action requested - APPROVE BUDGET TRANSFER B-153 (4 /5 vote required); AND WAIVE READING OF THE SALARY ORDINANCE AMENDMENT. 21. Introduction of a Salary Ordinance Amendment - the welfare Department has requested the Personnel Department prepare a salary ordinance amendment which reclassifies one position of Supervisor-Staff Support Services to Administrative Analyst II/I in response to a recommendation contained in the department-wide classification study conducted by Cooperative Personnel Services - action requested - WAIVE READING OF THE ORDINANCE. 22. Resolution of Appreciation to Supporters of the Third Annual Community-wide True Love waits Campaign - action requested - ADOPT RESOLUTION 00-10 AND AUTHORIZE THE CHAIR TO SIGN. 23. Resolution Approving Adoption of a Canine - Board approval is requested by the Sheriff's Office for a resolution which would approve the adoption of a police service dog named "Ryker". Ryker will become a member of the Sheriff's Canine Unit - action requested - ADOPT RESOLUTION 00-11 AND AUTHORIZE THE CHAIR TO SIGN. Page 21 January 25, 2000 January 25, 2000 00-23 24. Great Valley Center of Modesto - LEGACI Grant - Board approval is requested by the Development Services Department to submit a grant application in the amount of $31,500 to the Great Valley Center of Modesto. The proposed grant funds will be utilized to prepare a strategic plan to address issues in the following areas: 1) recognize the proposed realignment of Highway 70 as the freeway access between Sacramento and Chico; 2) study and determine the need for a new town to accommodate projected growth during the next 20 years; and 3) develop specific siting criteria to assure that any new town would be an asset to the County and complement the existing urban and rural communities - action requested - APPROVE SUBMISSION OF GRANT APPLICATION. 25. State Department of Health Services - Hepatitis A Prevention Agreement - Board approval is requested by the Public Health Department for a revenue agreement with the State Department of Health Services for funding to provide a Hepatitis A Prevention Project. The term of the agreement is January 1, 2000, through December 31, 2000, with a maximum amount payable to the County of $70,000 (State funding) - action requested - APPROVE BUDGET TRANSFER B-148 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40203) 26. State Department of Health Services - Immunization Assistance Agreement - Board approval is requested by the Public Health Department for a revenue agreement with the State Department of Health Services for funding to provide activities that will raise the immunization level of infants, preschool, and school age children. The term of the agreement is January 1, 2000, through December 31, 2000, in the amount $42,300 (State funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40205) 27. Home Health Care Management - Modification of Service Agreement - Board approval is requested by the Public Health Department for an amendment to the agreement with Home Health Care Management for the provision of case management services to clients of the Public Health Department. The amendment increases the maximum amount payable to $75,321 (State funds) to expand preventive case management services, provide skilled nursing, provide psychosocial assessment services, and provide risk reduction counseling - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11370) Page 22 January 25, 2000 January 25, 2000 00-23 28. Employment Agreement - Undersheriff - Board approval is requested by the Sheriff-Coroner for an employment agreement for the position of Butte County Undersheriff. The term of the agreement is February 5, 2000, through February 4, 2002, with an annual salary rate of $65,936. The agreement also provides for a 2.5o increase for the attainment of an "Advanced" Peace Officer Standards and Training (POST) certificate, and a 2.50 increase for the attainment of a "Management" POST certificate. Although the Sheriff-Coroner has not selected a candidate at this time, an appointment to the position is expected in the near future - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (35) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED. M S VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Motion Carried) PRESENTATION OF A RESOLUTION OF APPRECIATION TO SUPPORTERS OF THE THIRD ANNUAL COMMUNITY-WIDE TRUE LOVE WAITS CAMPAIGN TO TERE LAWRENCE, COMMUNITY HEALTH ALLIANCE OF OROVILLE. ALSO PRESENT WERE THERESA ZOGGAS, BERRY CREEK SCHOOL; COLLEEN CLARK, VENTURE CLUB, CENTRAL MIDDLE SCHOOL; JAE SHIELDS, OROVILLE CHRISTIAN SCHOOL; AND TERRI KRUSE, OROVILLE HIGH SCHOOL. Invocation - Pastor Dave Sweet, Calvary Chapel of Paradise. (225) Regular A ecr nda 00-24 Appointments - Commissions and Committees (295) 1. Appointments to committee vacancies. NONE 2. Board of Supervisors' Committee Assignments - consideration of the various Board, Commission, and Committee assignments for Board of Supervisors members - action requested - MAKE APPOINTMENTS AS NECESSARY. BOARD DIRECTION THAT THE BOARD COMMITTEE ASSIGNMENT LIST BE ACCEPTED AS PRESENTED. NO ALTERATIONS MADE AT THIS TIME. 00-25 Update on legislative and budget activities. (541) John S. Blacklock, Chief Administrative Officer, informs the Board that currently the Governor's proposed budget does not include any return of ERAF funds to counties, however, there is discussion that the May revise may include one-time relief to local governments. Page 23 January 25, 2000 January 25, 2000 00-26 Sacramento River Conservation Area Advisory Group (SB 1086 Program) Memorandum of Agreement (MOA) - consideration of the water Commission's report and recommendation regarding the Sacramento River Conservation Area Advisory Group MOA - action requested - THE WATER COMMISSION RECOMMENDS THE BOARD NOT BECOME A SIGNATORY TO THE MOA AT THIS TIME, AND REQUESTS STAFF REVIEW THE PROGRAM FOR BUTTE COUNTY'S PARTICIPATION. (725) PRESENTATION TO THE BOARD BY PETER PETERSON, CHAIR, BUTTE COUNTY WATER COMMISSION, EXPLAINING THE WATER COMMISSION'S POSITION THAT THE PROPOSED MEMORANDUM OF AGREEMENT SHOULD CONTINUE TO BE STUDIED. MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE WATER COMMISSION TO NOT BECOME A SIGNATORY TO THE MOA AT THIS TIME; DIRECT STAFF TO REVIEW THE PROGRAM FOR BUTTE COUNTY'S PARTICIPATION; DIRECT THE CREATION OF A PROS AND CONS ISSUE PAPER; AND DIRECT THE WATER COMMISSION TO ORGANIZE A PUBLIC WORKSHOP TO DISCUSS THIS ISSUE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Motion Carried) RECESS: 10:03 A.M. RECONVENE: 10:19 A.M. Regular Agenda SHERIFF MACKENZIE INTRODUCES DEPUTY JOHN MULDOWN AND POLICE SERVICE DOG "RYKER", THE NEWEST MEMBER OF THE SHERIFF'S CANINE UNIT. (1885) 00-27 Northern California Water Association (NCWA) - Important Water Issues for 2000 - presentation to the Board of important water issues for the upcoming year by Dan Bransford, Chairman, NCWA Board of Directors; David Guy, NCWA Executive Director; and Dan Keppen, NCWA Director of Member and Government Affairs - action requested - ACCEPT FOR INFORMATION. (1932) PRESENTATION TO THE BOARD BY DAVID GUY, NCWA EXECUTIVE DIRECTOR; AND DAN KEPPEN, NCWA DIRECTOR OF MEMBER AND GOVERNMENT AFFAIRS, HIGHLIGHTING MAJOR WATER ISSUES FOR 2000. Page 24 January 25, 2000 January 25, 2000 Public Hearincrs and Timed Items 00-28 Public Hearing - Chapman/Mulberry Neighborhood Plan - consideration of a project (item on which a negative declaration regarding environmental impacts has been recommended) to create a new section within the Land Use Element of the Butte County General Plan, amend the Land Use Map of the General Plan, create a new combining zoning district, and rezone all lands within the Chapman/Mulberry Plan Area. The project also includes an amendment to the County Improvement Standards applicable to the plan area - action requested: 1. SUBJECT TO FINDINGS I (A AND B), AS DETAILED IN THE STAFF REPORT DATED JANUARY 25, 2000, ADOPT A NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; 2. FIND THAT THIS PROJECT DOES NOT HAVE THE POTENTIAL TO CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A DE MINIMUS EXEMPTION PURSUANT TO SECTION 21089 OF THE PUBLIC RESOURCES CODE; AND 3. SUBJECT TO FINDINGS III (A-G), AS DETAILED IN THE STAFF REPORT DATED JANUARY 25, 2000, ADOPT THE CHAPMAN/MULBERRY NEIGHBORHOOD PLAN; ADOPT A RESOLUTION AMENDING THE GENERAL PLAN; ADOPT AN ORDINANCE AMENDING CHAPTER 24 OF THE BUTTE COUNTY CODE; AND ADOPT A RESOLUTION AMENDING THE IMPROVEMENT STANDARDS FOR SUBDIVISIONS, PARCEL MAPS, AND SITE IMPROVEMENTS PURSUANT TO CHAPTER 20 OF THE BUTTE COUNTY CODE, AND AUTHORIZE THE CHAIR TO SIGN NECESSARY DOCUMENTS. (2565)(**00) Public Hearing Opened: 10:50 A.M. Public Hearing Closed: 11:07 A.M. Page 25 January 25, 2000 January 25, 2000 00-28 VOTE: MOTION: SUBJECT TO FINDINGS I (A AND B), AS DETAILED IN THE STAFF REPORT DATED JANUARY 2 5 , 2 0 0 0 , I MOVE TO ADOPT A NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; I MOVE TO FIND THAT THIS PROJECT DOES NOT HAVE THE POTENTIAL TO CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT, AND APPROVE A DE MINIMUS EXEMPTION PURSUANT TO SECTION 21089 OF THE PUBLIC RESOURCES CODE. SUBJECT TO FINDINGS III (A-G), AS DETAILED IN THE STAFF REPORT DATED JANUARY 25, 2000, I MOVE TO ADOPT THE CHAPMAN/ MULBERRY NEIGHBORHOOD PLAN; ADOPT RESOLUTION 00-12, AS DETAILED IN THE STAFF MEMO DATED JANUARY 21, 2000, AMENDING THE GENERAL PLAN; AND ADOPT ORDINANCE 3579, AS DETAILED IN THE STAFF MEMO DATED JANUARY 21, 2000, AMENDING CHAPTER 24 OF THE BUTTE COUNTY CODE. ORDINANCE 3579 IS TO BE AMENDED TO CORRECT MINOR TYPOGRAPHICAL/GRAMMATICAL ERRORS, AND TO INCLUDE LANGUAGE TO CLARIFY THE COUNTY'S INTENT TO PROVIDE ASSISTANCE IN THE BUSINESS RELOCATION PROCESS BY AMENDING SECTION 2, PARAGRAPH (B)(3)(6) TO READ, "THE COST OF MOVING AND RE- ESTABLISHING THE BUSINESS ELSEWHERE AND THE PUBLIC AGENCY'S ABILITY TO PROVIDE RELOCATION ASSISTANCE." I FURTHER MOVE TO ADOPT RESOLUTION 00-13, AS DETAILED IN THE STAFF MEMO DATED JANUARY 21, 2000, AMENDING THE IMPROVEMENT STANDARDS FOR SUBDIVISIONS, PARCEL MAPS, AND SITE IMPROVEMENTS, PURSUANT TO CHAPTER 20 OF THE BUTTE COUNTY CODE, AND AUTHORIZE THE CHAIR TO SIGN NECESSARY DOCUMENTS. M S l Y 2 Y 3 Y 4 Y 5 NP (Motion Carried) RECESS: RECONVENE 11:32 A.M. 11:46 A.M. Page 26 January 25, 2000 January 25, 2000 Public Hearing and Timed Items 00-29 Public Hearing - Detachment of Territory from County Service Area (CSA) No. 16 (west Chico Street Lighting District) - consideration of a petition by the County of Butte for the detachment of six parcels from CSA No. 16 (item found to be a General Rule Exemption under the California Environmental Quality Act) to correct an earlier annexation in the west Chico Annexation No. 2. The Local Agency Formation Commission (LAFCo), by Resolution No. 15 1999/00, approved the detachment on December 2, 1999. The parcels to be detached are identified as APN 043-290-039, 043-290-047,043-290-071, 043-290-110, 043- 290-136, and 043-290-137 - action requested - ADOPT RESOLUTION APPROVING DETACHMENT AND AUTHORIZE THE CHAIR TO SIGN. (**1450) Public Hearing Opened: 11:48 A.M. Public Hearing Closed: 11:48 A.M. MOTION: I MOVE TO ADOPT RESOLUTION 00-14 APPROVING THE DETACHMENT OF TERRITORY FROM CSA NO. 16 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Motion Carried) Regular A ecr nda 00-30 State Route 99-Southgate Avenue Interchange and Circulation Study - presentation of the final report prepared by Fehr & Peers Associates, Inc., for the Butte County Association of Governments - action requested - ACCEPT STATE ROUTE 99/SOUTHGATE AVENUE INTERCHANGE AND CIRCULATION STUDY AND RECOMMENDED INTERIM AND ULTIMATE IMPROVEMENTS; DIRECT DEVELOPMENT SERVICES AND PUBLIC WORKS TO BEGIN THE PROCESS FOR INCLUSION OF RECOMMENDED ALIGNMENTS INTO THE CIRCULATION ELEMENT OF THE BUTTE COUNTY GENERAL PLAN. (**1513)(***00) PRESENTATION BY ALAN TELFORD, FEHR & PEERS ASSOCIATES, INC. MOTION: I MOVE TO ACCEPT THE STATE ROUTE 99/SOUTHGATE AVENUE INTERCHANGE AND CIRCULATION STUDY; AND FURTHER MOVE TO DIRECT STAFF TO RETURN TO THE BOARD A PROPOSAL WHICH WOULD CHANGE THE RECOMMENDATIONS IN THE STUDY REGARDING IMPROVEMENTS, SHIFTING THE PRIMARY FOCUS TOWARDS SOLUTIONS WHICH FOCUS ON THE SOUTHGATE EXTENSION, AND TO RETURN THOSE RECOMMENDATIONS TO THE BOARD. S M VOTE: l Y 2 N 3 Y 4 Y 5 NP (Motion Carried) Page 27 January 25, 2000 January 25, 2000 00-31 Closed Session: the Board recessed at 12:57 p.m. to a closed session conference with legal counsel to discuss actual litigation pursuant to Government Code Section 54956.9(a) Butte Environmental Council (Caryn Jones v. County of Butte) and County of Butte v. Nguyen; initiation of litigation pursuant to Government Code Section 54956.9(c) one potential case; and public employee performance evaluations pursuant to Government Code Section 54957: Director-Personnel, Director-Public works, and Chief Administrative Officer. (***870) Reconvene: the Board reconvened at 1:41 p.m. from a closed session conference with legal counsel regarding actual litigation pursuant to Government Code Section 54956.9(a) Butte Environmental Council (Caryn Jones v. County of Butte) and County of Butte v. Nguyen; initiation of litigation pursuant to Government Code Section 54956.9(c) one potential case; and public employee performance evaluations pursuant to Government Code Section 54957: Director- Personnel, Director-Public works, and Chief Administrative Officer. (***926) THE BOARD ANNOUNCED THE APPROVAL OF A SETTLEMENT IN THE CASE OF BUTTE ENVIRONMENTAL COUNCIL (CARYN JONES) V. COUNTY OF BUTTE. Public Hearincr and Timed Items 00-32 Timed Item - Presentation of a white Paper on Economic Development as a Fiscal Strategy - presentation to the Board of a study prepared by Economic and Planning Systems of Berkeley, on economic development as a County fiscal strategy. The study addresses the following three key questions: 1) what type and amount of new development can reasonably be expected in Butte County; 2) will new development improve the fiscal health of Butte County; and 3 ) what steps can be taken to ensure that growth has a positive impact on the County's fiscal well-being - action requested - ACCEPT FOR INFORMATION; AND DIRECT STAFF TO PREPARE SPECIFIC ACTION PLAN RECOMMENDATIONS. (***983)(****00) PRESENTATION TO THE BOARD BY TOM PARILO, DIRECTOR-DEVELOPMENT SERVICES; AND WALTER KIESER, PRINCIPAL, ECONOMICS AND PLANNING SYSTEMS OF BERKELEY. MOTION: I MOVE TO ACCEPT THE REPORT FOR INFORMATION AND DIRECT THE CHIEF ADMINISTRATIVE OFFICER AND THE DIRECTOR OF DEVELOPMENT SERVICES TO PREPARE SPECIFIC ACTION PLAN RECOMMENDATIONS. S M VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Motion Carried) Page 28 January 25, 2000 January 25, 2000 RECESS: 2:56 P.M. RECONVENE: 2:59 P.M. Regular Agenda 00-33 Lake Oroville Joint Powers Authority Agreement - Report to the Board - presentation regarding the Lake Oroville Joint Powers Authority Agreement adopted by the City of Oroville Redevelopment Agency - action requested - AUTHORIZE THE CHAIR TO EXECUTE THE JOINT POWERS AUTHORITY AGREEMENT IN ITS CURRENT FORM. (****519) MOTION: I MOVE TO APPROVE THE JOINT POWERS AUTHORITY AGREEMENT IN ITS CURRENT FORM AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 NP (Motion Carried) 00-34 Items removed from the Consent Agenda for Board consideration and action. (NONE) 00-35 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM IF IT IS NOT LISTED ON THE AGENDA.) (****1045) (NONE) 00-36 Closed Session: the Board recessed at 3:20 p.m. to a closed session conference with legal counsel to discuss initiation of litigation pursuant to Government Code Section 54956.9(c) one potential case; and public employee performance evaluations pursuant to Government Code Section 54957: Director-Personnel, Director-Public Works, and Chief Administrative Officer. (****1055) Reconvene: the Board reconvened at 3:45 p.m. from a closed session conference with legal counsel regarding initiation of litigation pursuant to Government Code Section 54956.9(c) one potential case; and public employee performance evaluations pursuant to Government Code Section 54957: Director-Personnel, Director-Public Works, and Chief Administrative Officer. (****1075) (NO ANNOUNCEMENTS) Page 29 January 25, 2000 January 25, 2000 Communications 00-37 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) 1. Robert N. Hennigan, Chair, Butte County Airport Land Use Commission, writes the Board to accept the Board's invitation to a joint meeting to discuss unresolved informational and jurisdictional issues. The letter also requests the addition of an item to the proposed agenda and suggests a meeting time in February. (REFERRED TO CHIEF ADMINISTRATIVE OFFICER, DIRECTOR-DEVELOPMENT SERVICES, AND COUNTY COUNSEL [1-11-00]) 2. Mark Kimmelshue, Chairman, Butte Basin water Users Association (BBWUA), writes to inform the Board that the BBWUA has reviewed the draft Memorandum of Understanding (MOU) between the Department of water Resources and the County of Butte, and unanimously voted to support the MOU in concept. (REFER TO DIRECTOR-WATER AND RESOURCE CONSERVATION, COUNTY COUNSEL, AND CHIEF ADMINISTRATIVE OFFICER) 3. Carolyn S. Chambers, Chairman and Chief Executive Officer, Chambers Communications Corporation, writes to give official notice that Chambers Cable has entered into an Agreement and Plan of Merger, dated November 16, 1999, with AT&T Corporation, and its wholly-owned subsidiary, Chico MergerSub, Inc. The letter provides instructions to the County regarding the requirements for transfer of the Franchise Agreement. (REFERRED TO CHIEF ADMINISTRATIVE OFFICER) ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 3:45 p.m. to reconvene on Tuesday, February 8, 2000. Jane Dolan, Chair ATTEST: John S. Blacklock, Chief Administrative Officer and Clerk of the Board of Supervisors By. Page 30 January 25, 2000