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HomeMy WebLinkAboutM031202.' .. .,r~,.,• ~c' _. o - ;~; efn: MINUTES=°- ` =~= ~* = ~~ :~' ~~,•` •. ~~ • March 12, 2002 BOARD OF SUPERVISORS R.J. "BOB" BEELER, 1ST DISTRICT JANE DOLAN, 2ND DISTRICT MARY ANNE HOUX, 3RD DISTRICT CURT JOSIASSEN, 4T" DISTRICT KIM YAMAGUCHI, 5T" 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: Lawrence Odle, Interim 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 James Patterson, Community United Methodist Church, Durham. 02-060 Items removed from the Consent Agenda for Board consideration and action. (68) 1. Fiscal Year 2000-2001 Audit Report - the Auditor-Controller submits the annual audit report for the County of Butte for the fiscal year ending June 30, 2001. The report was prepared by the audit firm of Bartig, Basler & Ray, Certified Public Accountants - action requested - ACKNOWLEDGE RECEIPT OF REPORTS; AND DIRECT STAFF TO TRANSMIT REPORTS TO THE GRAND JURY . 2. Adoption of an Ordinance Repealing Butte County Code Section 2-11.5 - consideration of an ordinance repealing section 2-11.5 of the Butte County Code, Assessor Fees for Reproducing Plat Maps - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-26-02 [4.08]) THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. THIS ITEM WILL RETURN ON THE AGENDA OF APRIL 9, 2002. Page 75 March 12, 2002 March 12, 2002 02-060 3. California Department of Water Resources - Resolution in Support of the Acceptance of Grant Funding - Board approval is requested by the Department of Water and Resource Conservation for a resolution of acceptance for grant funds from the California Department of Water Resources under the CALFED Watershed Program for the development of a Butte Creek Floodplain Management Plan in conjunction with Butte Creek Watershed Conservancy ($582,510), and a Water Quality and Watershed Capacity Building and Monitoring Program in conjunction with the Cherokee Watershed Group ($93,815). Under the terms of the grant, the County will act as fiduciary agent and assume the administrative duties associated with the grant funding, and will work in cooperation with the watershed groups to accomplish the tasks outlined in the grant proposals - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 4. Final Butte County Legislative/Regulatory Platform 2002/2003 - on December 18, 2001, the Board adopted the County's 2002/2003 Legislative Platform with the direction that the platform be amended to include the following additional items: 1) sales tax initiative; 2) veterans health care; 3) California State Association of Counties' sales tax initiative; and 4) funding of flood control construction projects. These items have been included in the final platform. Additionally, the Agriculture Center and the economic development of Lake Oroville were items from last year's platform that have been carried forward to this year - action requested - ADOPT FINAL PLATFORM AS AMENDED. Consent Agenda 02-061 1. Approval of Minutes - action requested - APPROVE MINUTES OF JANUARY 29, 2002. 2. Budget Transfers - action requested - APPROVE BUDGET TRANSFERS B-281 (PROBATION); B-287 (BEHAVIORAL HEALTH/ COMMUNICATIONS); B-294 (DISTRICT ATTORNEY [4 /5 vote required]); AND B-288 (SHERIFF'S OFFICE/ISF [4/5 vote required]). 3. Butte County Behavioral Health Board - action requested - APPOINT STEPHANIE BARAJAS, FAMILY REPRESENTATIVE, TO A VACATED TERM TO END DECEMBER 31, 2002. 4. Information Systems - Fixed Asset Amendments - Board approval is requested by the Information Systems Department to amend the list of fixed asset items approved for purchase in the department's fiscal year 2001-2002 final budget as a result of increased focus on security in the last year, and recent improvements in technologies - action requested - APPROVE AMENDMENTS TO FIXED ASSETS APPROVED IN THE INFORMATION SYSTEMS DEPARTMENT'S 2001-2002 FINAL BUDGET AS DETAILED IN THE AGENDA REPORT; AND APPROVE PURCHASE OF REVISED FIXED ASSET ITEMS. Page 76 March 12, 2002 March 12. 2002 02-061 5. Library Grant Funds - Board approval is requested by the Library to accept and appropriate $1,000 in grant funds received from WalMart for the purchase of literacy program books and resources - action requested - APPROVE BUDGET TRANSFER B-277 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE. 6. District Attorney - Welfare Fraud - Board approval is requested by the District Attorney to accept and appropriate an interfund transfer in the amount of $130,696 from the Department of Employment and Social Services. The funds support the District Attorney-Welfare Fraud Division. Board approval is also requested to utilize $99,442 to purchase four vehicles - action requested - APPROVE BUDGET TRANSFER B-292 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE PURCHASE OF FOUR VEHICLES IN AN AMOUNT NOT TO EXCEED $99,442. 7. Workers' Compensation Insurance Fraud Prosecution Grant Funds - the District Attorney has been awarded an additional $34,600 from the State of California-Department of Insurance for the investigation and prosecution of Workers' Compensation Insurance fraud, and Board approval is requested to accept and appropriate the additional funds as detailed in the agenda report - action requested - APPROVE BUDGET TRANSFER B-282 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. 8. Butte County Child Support Services - Unanticipated Revenue - the Butte County Department of Child Support Services has received its final allocation from the State Department of Child Support Services for administrative electronic data processing maintenance and operations. The final allocation included an additional $356,888, and Board approval is requested to accept and appropriate $15,480 which will be used to construct a Child Support Services website. The remaining funds will be allocated as projects which meet the goals defined by the State are implemented - action requested - APPROVE BUDGET TRANSFER B-284 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. 9. Resolution Increasing the Revolving Fund for the Central Collections Division of the Butte County Treasurer-Tax Collector's Office - Board approval is requested by the Treasurer-Tax Collector for a resolution which would increase the revolving fund in the Central Collections Division utilized for the fees associated with serving writs, from $300 to $1,000. The department has received the Auditor's approval for the increase - action requested - ADOPT RESOLUTION 02-029 AND AUTHORIZE THE CHAIR TO SIGN. Page 77 March 12, 2002 March 12. 2002 02-061 10. Adoption of a Salary Ordinance Amendment - the Department of Employment and Social Services has requested the Department of Human Resources prepare a salary ordinance amendment which adds two flexibly staffed positions of Eligibility Technician II/I, and two positions of Employment and Eligibility Supervisor. The supervisor positions are being added to reduce the supervisor to worker ratio, and the additional technician positions are being added to support the In-Home Supportive Services program, and will eliminate the need to hire additional Social Workers, which would be higher classification positions - action requested - ADOPT ORDINANCE 3816 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-26-02 [3.18] ) 11. Adoption of a Salary Ordinance Amendment - the Department of Human Resources has prepared a salary ordinance amendment which corrects an error contained in the latest comprehensive salary ordinance. The proposed ordinance adjusts the Cost of Living Allowance provided to the classifications of Supervisor's Administrative Assistant II and Supervisor's Administrative Assistant I to the 3o provided to members of the Butte County Management Employees' Association - action requested - ADOPT ORDINANCE 3817 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-26-02 [3.19]) 12. Resolution Declaring March 2002 as National Social Worker Month - action requested - ADOPT RESOLUTION 02-030 AND AUTHORIZE THE CHAIR TO SIGN. 13. Resolution Authorizing the Department of Water and Resource Conservation to Seek Federal Funding - Board approval is requested by the Department of Water and Resource Conservation for a resolution which authorizes the department to seek federal funding to complete the Integrated Watershed and Resource Conservation Program. On January 29, 2002, the Board authorized the department to accept state funds. The department has learned that additional funding opportunities may be available at the federal level, and Board approval is requested for a resolution authorizing the department to seek those funding opportunities - action requested - ADOPT RESOLUTION 02-031 AND AUTHORIZE THE CHAIR TO SIGN. 14. Roadway Rehabilitation on 12th Street from Grand Avenue to Nelson Avenue, Thermalito - County Project No. 26451-99-1 - the project consists of 0.93 miles of roadway rehabilitation from Grand Avenue to Nelson Avenue in Thermalito. Construction costs are reimbursable from State Transportation Improvement Program funds - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT A WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS. Page 78 March 12, 2002 March 12. 2002 02-061 15. Roadway Rehabilitation on Palermo Road from Railroad Avenue to Upper Palermo Road - County Project No. 18451-95-1 - the project consists of 0.9 miles of roadway rehabilitation from Railroad Avenue to Upper Palermo Road, including the construction of a Class I bike path from Upper Palermo Road to Lincoln Boulevard. Construction costs are reimbursable from State Transportation Improvement Program funds - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT A WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS. 16. Nielsen, Merksamer & Parrinello, Mueller & Naylor - Amendment - Board approval is requested by the Administrative Office and County Counsel for an amendment to the agreement with Nielsen, Merksamer & Parrinello, Mueller & Naylor for the provision of legislative and administrative advocacy services and legal representation. The amendment extends the term of the agreement through March 31, 2003, with a maximum amount payable of $35,000 (Administration and County Counsel budgets). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR- CONTROLLER. 17. Butte County Children and Families Commission - Board approval is requested by the Butte County Department of Behavioral Health for a revenue agreement with the Butte County Children and Families Commission for the provision of emotional and mental health screening for children aged 0-5. The term of the agreement is January 1, 2002, through December 31, 2002, with a maximum amount payable to the County of $190,000 ($95,000 for fiscal year 2001-2002, and $95,000 for fiscal year 2002-2003) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-293 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE FOR FISCAL YEAR 2001- 2002, NOTING THAT THE REVENUE FOR FISCAL YEAR 2002-2003 WILL BE INCLUDED IN THE DEPARTMENT'S BUDGET SUBMISSIONS FOR THAT FISCAL YEAR. 18. Sidney Ganzler, Ph.D. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an amendment to the agreement with Sidney Ganzler for the provision of psychological services to adolescent clients of BCDBH. The amendment reduces the maximum amount payable by $5,000 for fiscal year 2001-2002. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11852) Page 79 March 12, 2002 March 12. 2002 02-061 19. Skyway House - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with the Skyway House for the provision of non-residential rehabilitative ambulatory intensive outpatient services and long-term residential recovery services for eligible Substance Abuse and Crime Prevention Act clients. The term of the agreement is January 1, 2002, through June 30, 2002, with a maximum amount payable of $77,540.44 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 20. Butte County Department of Employment and Social Services - Memorandum of Understanding - Board approval is requested by the Butte County Department of Behavioral Health for a Memorandum of Understanding (MOU) with the Department of Employment and Social Services for the assignment of one full time Social Worker to the Inter-Agency Services Placement Unit for the provision of State mandated services under Senate Bill 933. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $85,342 (department budget) - action requested - APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13410) 21. Butte-Glenn Community College District - Board approval is requested by the Department of Employment and Social Services for an agreement with the Butte-Glenn Community College District for the provision of job search services for CalWORKs participants. The term of the agreement is January 1, 2002, through June 30, 2003, with a maximum amount payable of $494,528. The department is also requesting Board approval to transfer $164,843 in Welfare Performance Incentive Funds to provide funding for the agreement for fiscal year 2001-2002, with the remaining funds to be appropriated during the budget process for fiscal year 2002- 2003 - action requested - APPROVE BUDGET TRANSFER B-283 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 22. Glenn County Human Resource Agency - Amendment - Board approval is requested by the Department of Employment and Social Services for an amendment to the agreement with the Glenn County Human Resource Agency for the provision of the County's share of operating the Northern Regional Child Welfare Services/Case Management System computer training center. The amendment provides for the federal and state portion of the allocation provided to Butte County for training to be paid directly to Glenn County, and increases the County's required match by $1,345 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11414) Page 80 March 12, 2002 March 12. 2002 02-061 23. County Medical Services Program Governing Board - Confidentiality Agreement - Board approval is requested by the Public Health Department for a confidentiality agreement with the County Medical Services Program Governing Board which will allow the Public Health Department to access the County Medical Services Program Governing Board's data mart and query system database to allow for the creation of standardized State and County specific reports, ad hoc reports, and data queries from the Internet. Due to the confidential information contained in the system, the County Medical Services Program Governing Board is requesting the County enter into a confidentiality agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC HEALTH TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL. 24. Butte County Children and Families Commission - Grant Agreement - Board approval is requested by the Public Health Department for a grant agreement with the Butte County Children and Families Commission for funds to support the creation of the Butte Immunization Information System. The term of the grant agreement is January 1, 2002, through December 31, 2002, with a maximum amount payable to the County of $185,288. Board approval is requested to appropriate $29,263 in grant revenue for this fiscal year, with the remaining funds to be appropriated at a later date. The grant also provides for the addition of a term Information Systems Analyst III position, and a term Medical Records Technician II/I position - action requested - APPROVE BUDGET TRANSFER B-286 (4/5 vote required) ACCEPTING AND APPROPRIATING $29,263 IN UNANTICIPATED GRANT REVENUE; AND APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13392) 25. Butte County Children and Families Commission - Grant Agreement - Board approval is requested by the Public Health Department for a grant agreement with the Butte County Children and Families Commission for funds to support the Visiting Infants and Parents Program. The term of the grant agreement is January 1, 2002, through December 31, 2002, with a maximum amount payable to the County of $122,145. Board approval is requested to appropriate $54,746 in grant revenue for this fiscal year, with the remaining funds to be appropriated at a later date. The grant also provides for the addition of three term Public Health Nurse III/II/I positions, and one term Public Health Assistant II/I position - action requested - APPROVE BUDGET TRANSFER B-285 (4/5 vote required) ACCEPTING AND APPROPRIATING $54,746 IN UNANTICIPATED GRANT REVENUE; AND APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13390) Page 81 March 12, 2002 March 12. 2002 02-061 26. State of California Department of Water Resources - Urban Streams Restoration Program - Board approval is requested by the Department of Water and Resource Conservation for a resolution endorsing the application by Streaminders for grant funding under the 2002 Urban Streams Restoration Program. Under the terms of the grant, the County will cosponsor the application and act as fiduciary agent. The proposed project area is Bidwell River Park (Big Chico Creek) and is designed to reduce property damage by stabilizing banks through native plantings and bioengineering techniques - action requested - ADOPT RESOLUTION 02-032 ENDORSING GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. 27. Amendments to Re-Use Plan Governing Program Income - Board approval is requested by the Administrative Office for amendments to the Re-Use Plan Governing Program Income from Community Development Block Grant Assisted Activities for the County of Butte. On March 23, 1999, the Board adopted a re- use plan governing program income from Community Development Block Grants (CDBG). The plan established policies and procedures for the utilization of program income received as a result of activities funded under the CDBG program as required by federal law and state regulation. The proposed amendments: 1) clarify that the management of housing program income resides in the Development Services Department; and 2) allow for the Development Services Department to establish an advisory committee to assist in determining housing grants or loans - action requested - ADOPT RESOLUTION 02-033 APPROVING THE AMENDED RE-USE PLAN GOVERNING PROGRAM INCOME FROM CDBG ASSISTED ACTIVITIES FOR THE COUNTY OF BUTTE AND AUTHORIZE THE CHAIR TO SIGN. 28. Notice and Request to Conduct Sale of Tax-Defaulted Property - Board approval is requested by the Treasurer-Tax Collector, pursuant to Chapter 7, Part 6, Division 1 of the California Revenue and Taxation Code, to sell tax-defaulted property as detailed in the agenda report. The sale will occur at public auction scheduled for June 24, 2002. Minimum bids have been set and are included in the agenda report. Pursuant to Revenue and Taxation Code Section 3698.5(c), Board approval is also requested to re-offer unsold parcels at a reduced minimum price deemed appropriate by the Treasurer-Tax Collector - action requested - APPROVE REQUEST FOR APPROVAL TO SELL TAX-DEFAULTED PROPERTY SUBJECT TO THE POWER OF SALE AND AUTHORIZE THE CHAIR TO SIGN NOTICE OF INTENTION TO SELL FORM; AND AUTHORIZE THE TREASURER-TAX COLLECTOR TO OFFER THE TAX DEFAULTED PROPERTY AT LESS THAN MINIMUM BID IF NO BIDS ARE RECEIVED FOR THE MINIMUM AMOUNT WHEN THE PROPERTY IS INITIALLY OFFERED. Page 82 March 12, 2002 March 12. 2002 02-061 MOTION: VOTE: 29. Advanced Step Hire - the Administrative Office has requested the Human Resources Department prepare an agenda item requesting Board approval of the advanced step hire of a Deputy Administrative Officer candidate to step 4 of the salary range based on education and experience - action requested - APPROVE ADVANCED STEP HIRE OF A DEPUTY ADMINISTRATIVE OFFICER CANDIDATE TO STEP 4 OF THE SALARY RANGE. (94) I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.05, 3.13, 3.29, 3.31. M S 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda 02-062 Appointments - Boards, Commissions, and Committees. (107) 1. Appointments to listed vacancies. (NONE) 02-063 Update on legislative and budget activities. (114) LAWRENCE ODLE, INTERIM CHIEF ADMINISTRATIVE OFFICER, INFORMED THE BOARD THAT THERE WAS NOT MUCH ACTIVITY WITH STATE LEGISLATION AT THIS TIME. MR. ODLE DISCUSSED AB2878, WHICH THE COUNTY WILL BE WATCHING. THE BILL PROPOSES TO BACKFILL ANY LOST VEHICLE LICENSE FEE REDUCTIONS TO LOCAL GOVERNMENTS. 02-064 Resolution Honoring Butte County Employees for Dedicated Years of Service - presentation of awards to employees with 30 years of service - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND PRESENT AWARDS TO EMPLOYEES WITH 30 YEARS OF SERVICE. (182) MOTION: I MOVE TO ADOPT RESOLUTION 02-034 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) CHAIR JOSIASSEN PRESENTS AWARDS TO EMPLOYEES WITH 30 YEARS OF SERVICE: DONALD BAUMANN, MARTIN ELLIS, JERRY KINYON, PATRICIA KRAUSE, DONALD RINKER, AND MARVA VAN GILDER. 02-065 Rural Counties Mediation Project - Report to the Board - the Mediation Center of the North Valley has received funding to create a Rural Counties Mediation Project - action requested - ACCEPT FOR INFORMATION. (531) PRESENTATION TO THE BOARD BY MARGARET GUNNELL, EXECUTIVE DIRECTOR, WALLACE ANDERSON, PROJECT REPRESENTATIVE, AND MIKE MINARD, PRESIDENT OF THE BOARD OF DIRECTORS, MEDIATION CENTER OF THE NORTH VALLEY. Page 83 March 12, 2002 March 12. 2002 02-066 In-Home Supportive Services - Aids Budget Adjustment and Agreement Amendment - consideration of budget adjustments to the In-Home Supportive Services Aids Budget for 2001-2002, and consideration of an amendment to the agreement with Addus Healthcare, Inc. - action requested - APPROVE BUDGET TRANSFER B-302 (4/5 VOTE REQUIRED) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN ATTACHMENT B FOR THE IN-HOME SUPPORTIVE SERVICES INDIVIDUAL PROVIDER AIDS BUDGET; APPROVE AGREEMENT AMENDMENT WITH ADDUS HEALTHCARE, INC., INCREASING THE MAXIMUM HOURLY CONTRACT RATE TO $11.79 AND DECREASING MAXIMUM HOURS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER, AND RECOGNIZE EXPENDITURE AND REVENUE SHIFTS DETAILED IN ATTACHMENT B FOR 5700049 AND 5700050, IHSS CONTRACT; RECOGNIZE EXPENDITURE AND REVENUE REDUCTIONS IN THE 581 SEVERELY EMOTIONALLY DISTURBED AIDS BUDGET AND 590 GENERAL ASSISTANCE AIDS BUDGET; AND APPROVE THE 2.310 INCREASE TO INDEPENDENT PROVIDERS EFFECTIVE MAY 1, 2002. (745) THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD DISCUSSION OR ACTION. THIS ITEM IS TO RETURN ON MARCH 26, 2002. 02-067 Butte County Transit Reduced Fare Tickets - Board approval is requested by the Public Works Department to utilize $2,000 in Transportation Development Act funds to cover the cost of reduced transit tickets for all commuters on Butte County Transit for the remainder of the fiscal year - action requested - AUTHORIZE THE USE OF TRANSPORTATION DEVELOPMENT ACT FUNDS TO COVER THE COST OF REDUCED TRANSIT TICKETS FOR THE REMAINDER OF THIS FISCAL YEAR. (FROM 2-26-02 [3.12]) (766) MOTION: I MOVE TO AUTHORIZE THE USE OF $2,000 OF TRANSPORTATION DEVELOPMENT ACT FUNDS TO COVER THE COST OF REDUCED TRANSIT TICKETS FOR THE REMAINDER OF THIS FISCAL YEAR. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 02-068 Securitizing Tobacco Revenues from the Master Settlement Agreement - consideration of the securitization of settlement funds received by the County from the tobacco industry from risk factors. Securitization involves issuing bonds wherein the sole source of repayment is the tobacco revenues - action requested - AUTHORIZE THE TREASURER-TAX COLLECTOR TO ASSEMBLE A TEAM TO STRUCTURE A TOBACCO SECURITIZATION; AND APPOINT A SUBCOMMITTEE WITH REPRESENTATIVES FROM THE ADMINISTRATIVE OFFICE, COUNTY COUNSEL, AND THE BOARD TO OVERSEE THE FINANCING AND ANY RELATED ISSUES. (960) Page 84 March 12, 2002 March 12. 2002 02-068 MOTION: I MOVE TO AUTHORIZE THE TREASURER-TAX COLLECTOR TO ASSEMBLE A TEAM, WHICH IS TO INCLUDE NON-COUNTY PROFESSIONALS AS DEEMED APPROPRIATE, TO STRUCTURE A TOBACCO SECURITIZATION; AND FURTHER MOVE TO APPOINT A SUBCOMMITTEE OF THE BOARD, CONSISTING OF SUPERVISORS BEELER AND HOUR, TO BE ASSISTED BY REPRESENTATIVES FROM THE ADMINISTRATIVE OFFICE, COUNTY COUNSEL, AND OTHER DEPARTMENTS AS NEEDED, TO OVERSEE THE FINANCING AND ANY RELATED ISSUES. S M VOTE: 1 Y 2 N 3 Y 4 Y 5 Y (Motion Carried) RECESS: 10:31 A.M. RECONVENE: 10:45 A.M. Public Hearing and Timed Items 02-069 Public Hearing - George W. Suhrie/Lassen Foundation, M. C. Horning - Use Permit Appeal - consideration of an appeal of the Planning Commission's denial of a Use Permit to develop multi- family housing units consisting of four duplexes and a freestanding three bedroom, two bathroom single family dwelling. A total of nine living units would be provided with eight to be arranged within four duplexes. Each duplex unit would include two bedrooms and two bathrooms. All proposed units will have attached garages. The development will include parking areas, landscaping, driveways, walkways, on-site sewage disposal systems, including five septic tanks. Traffic circulation would be provided by two 24-foot wide driveway connections to Lakeridge Circle. The property is zoned C-C (Community Commercial) and WP (Watershed Protection Overlay) and located east of and adjacent to Lakeridge Circle, approximately 1,200 feet east of the intersection of Lakeridge Circle and the Skyway in the Magalia area and identified as APN 066-320-003 and 004 (DB [UP 02-04] ) - action requested - STAFF RECOMMENDS THE BOARD TAKE ONE OF THE FOLLOWING TWO ACTIONS: 1. DENY APPEAL 02-03, AND DENY USE PERMIT 02-04 FOR GEORGE SUHRIE, WITHOUT PREJUDICE; OR 2. CONTINUE APPEAL 02-03 AND USE PERMIT 02-04 FOR GEORGE SUHRIE TO APRIL 23, 2002, TO PROVIDE THE TIME NECESSARY TO REVISE AND REPUBLISH THE PROPOSED MITIGATED NEGATIVE DECLARATION. (**00) PUBLIC HEARING COMMENCED AT 10:45 A.M. Page 85 March 12, 2002 March 12. 2002 02-069 MOTION: I MOVE TO CONTINUE THE HEARING OPEN TO APRIL 23, 2002, AT 10:30 A.M., TO PROVIDE THE TIME NECESSARY TO REVISE AND REPUBLISH THE PROPOSED MITIGATED NEGATIVE DECLARATION FOR THE PROJECT. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda 02-070 Roadway Rehabilitation on Skyway from Chico City Limits to Paradise Town Limits - County Project No. 51261-1/2-2000-1 - the project consists of 7.9 miles of roadway rehabilitation from the Chico city limits to the Paradise town limits. Construction costs are reimbursable from State Transportation Improvement Program funds - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT A WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS. (**1358) MOTION: I MOVE TO APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS; ADOPT A WAGE SCALE; AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) BOARD DIRECTION TO PUBLIC WORKS STAFF TO WORK WITH THE PROPERTY OWNER OF LOOKOUT POINT TO MITIGATE SOME OF THE SAFETY ISSUES AT THAT SITE. 02-071 Items removed from the Consent Agenda for Board consideration and action. (**1795) 1. California Department of Water Resources - Resolution in Support of the Acceptance of Grant Funding - Board approval is requested by the Department of Water and Resource Conservation for a resolution of acceptance for grant funds from the California Department of Water Resources under the CALFED Watershed Program for the development of a Butte Creek Floodplain Management Plan in conjunction with Butte Creek Watershed Conservancy ($582,510), and a Water Quality and Watershed Capacity Building and Monitoring Program in conjunction with the Cherokee Watershed Group ($93,815). Under the terms of the grant, the County will act as fiduciary agent and assume the administrative duties associated with the grant funding, and will work in cooperation with the watershed groups to accomplish the tasks outlined in the grant proposals - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO ADOPT RESOLUTION 02-035 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 86 March 12, 2002 March 12. 2002 02-071 2. Final Butte County Legislative/Regulatory Platform 2002/2003 - on December 18, 2001, the Board adopted the County's 2002/2003 Legislative Platform with the direction that the platform be amended to include the following additional items: 1) sales tax initiative; 2) veterans health care; 3) California State Association of Counties' sales tax initiative; and 4) funding of flood control construction projects. These items have been included in the final platform. Additionally, the Agriculture Center and the economic development of Lake Oroville were items from last year's platform that have been carried forward to this year - action requested - ADOPT FINAL PLATFORM AS AMENDED. BOARD DIRECTION THAT THE LEGISLATIVE PLATFORM BE FURTHER AMENDED TO MAKE FUNDING FOR THE MAGALIA DAM ITS OWN ITEM, AMEND THE SUBJECT TITLE ON PAGE 11 FROM "LOCAL GOVERNMENT RESTRUCTURING" TO "RESTRUCTURE THE STATE-LOCAL RELATIONSHIP", CORRECT THE CUMULATIVE DAMAGE AMOUNT IN THE ROCK CREEK-KEEFER SLOUGH PROJECT ITEM ON PAGE 22 FROM $76 MILLION TO $89 MILLION, ADD THE COUNTY'S WORK WITH SENATOR COSTA ON A FLOOD CONTROL BILL THAT WOULD ALLOW BUTTE COUNTY TO BE INCLUDED AT THE 70/30 RATE RATHER THAN THE 50/50 RATE, AND TO ADD AN ITEM TO SEEK FUNDING TO PROVIDE FOR FEDERAL BUREAU OF INVESTIGATION BACKGROUND CHECKS FOR ALL CARE GIVERS. THE FINAL AMENDED PLATFORM WILL RETURN ON A SUBSEQUENT AGENDA. THE BOARD RECESSED FIRST TO LUNCH, AND THEN PROCEEDED WITH CLOSED SESSION ITEMS. 02-072 CLOSED SESSION: THE BOARD RECESSED AT 11:49 A.M. TO A CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION - INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) ONE POTENTIAL CASE; CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) ARBITRATION REGARDING CHAMBERS COMMUNICATIONS CORPORATION VS. COUNTY OF BUTTE; CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: AGENCY NEGOTIATORS: JEANNE GRAVETTE AND WILLIAM AVERY. EMPLOYEE ORGANIZATIONS: BUTTE COUNTY PROBATION PEACE OFFICERS' ASSOCIATION AND PROFESSIONAL EMPLOYEES' UNIT; CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTIES: 1. 2279 DEL ORO AVENUE, OROVILLE; 2. 5291 PENTZ ROAD, PARADISE; AGENCY NEGOTIATOR: BILL CURRY, GENERAL SERVICES DIRECTOR; NEGOTIATING PARTIES: 1. PALERMO UNION SCHOOL DISTRICT AND COUNTY OF BUTTE; 2. TOWN OF PARADISE AND COUNTY OF BUTTE; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT OR LEASE. (**2216) Page 87 March 12, 2002 March 12. 2002 02-072 RECONVENE: THE BOARD RECONVENED AT 2:20 P.M. FROM A CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION - INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c): ONE POTENTIAL CASE; CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) ARBITRATION REGARDING CHAMBERS COMMUNICATIONS CORPORATION VS. COUNTY OF BUTTE; CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: AGENCY NEGOTIATORS: JEANNE GRAVETTE AND WILLIAM AVERY. EMPLOYEE ORGANIZATIONS: BUTTE COUNTY PROBATION PEACE OFFICERS' ASSOCIATION AND THE PROFESSIONAL EMPLOYEES' UNIT; CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTIES: 1. 2279 DEL ORO AVENUE, OROVILLE; 2. 5291 PENTZ ROAD, PARADISE; AGENCY NEGOTIATOR: BILL CURRY, GENERAL SERVICES DIRECTOR; NEGOTIATING PARTIES: 1. PALERMO UNION SCHOOL DISTRICT AND COUNTY OF BUTTE; 2. TOWN OF PARADISE AND COUNTY OF BUTTE; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT OR LEASE. (**2352) (NO ANNOUNCEMENTS) Regular Agenda 02-073 Items removed from the Consent Agenda for Board consideration and action. (**2352) 1. Fiscal Year 2000-2001 Audit Report - the Auditor-Controller submits the annual audit report for the County of Butte for the fiscal year ending June 30, 2001. The report was prepared by the audit firm of Bartig, Basler & Ray, Certified Public Accountants - action requested - ACKNOWLEDGE RECEIPT OF REPORTS; AND DIRECT STAFF TO TRANSMIT REPORTS TO THE GRAND JURY . MOTION: I MOVE TO ACKNOWLEDGE RECEIPT OF REPORTS; AND DIRECT STAFF TO TRANSMIT REPORTS TO THE GRAND JURY. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Public Comment 02-074 PUBLIC COMMENT: COMMENTS REGARDING ITEMS NOT LISTED ON THE AGENDA. 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. (**2994)(***00) 1. IRENE PERRY ADDRESSED THE BOARD REGARDING THE LIES INVOLVED IN POLITICS AND ASKED FOR A WAY TO GET A LEGISLATIVE SOLUTION TO STOP THIS PRACTICE. Page 88 March 12, 2002 March 12. 2002 02-074 2. DORIS SMITH ADDRESSED THE BOARD, CONGRATULATED THE BOARD MEMBERS RETURNED TO THE BOARD IN THE LAST ELECTION, AND REQUESTED THE BOARD MAKE SURE THAT THE REDISTRICTING MATTER, WHEN ADDRESSED AGAIN, BE DONE IN AN OPEN MANNER. ADDITIONALLY, SHE SUGGESTED THE BOARD HOLD A PUBLIC WORKSHOP ON ROBERTS RULES OF ORDER. 3. ENID COX ADDRESSED THE BOARD, CONGRATULATED THE TWO RETURNING BOARD MEMBERS, AND ADDRESSED THE REDISTRICTING MATTER, SUGGESTING THE BOARD REINSTATE THE 1991 SUPERVISORIAL DISTRICT BOUNDARIES AND USE THOSE FOR THE NEXT 10 YEARS. ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 2:50 P.M., TO RECONVENE AT A SPECIAL MEETING OF THE BOARD TO BE HELD FRIDAY, MARCH 15, 2002, AT 9:30 A.M. CURT JOSIASSEN, CHAIR ATTEST: Lawrence Odle, Interim Chief Administrative Officer and Clerk of the Board of Supervisors By: Page 89 March 12, 2002