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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