HomeMy WebLinkAboutA011006BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
JANUARY 10, 2006
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County Supervisors
Bill Connelly, District 1
Jane Dolan, District 2
Mary Anne Houx, District 3
Curt Josiassen, District 4
Kim Yamaguchi, District 5
Paul McIntosh, Chief Administrative Bruce Alpert, County Counsel
Officer and Clerk of the Board
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BUTTE COUNTY BOARD OF SUPERVISORS
9:00 A.M. 1.00
1.01
1.02
1.03
1.04
CALL TO ORDER
Call to Order
Administration
Oroville.
AGENDA -JANUARY 10, 2006
- Board of Supervisors Room, County
Building, 25 County Center Drive,
Pledge of Allegiance to the Flag of the United States
of America.
Observation of a Moment of Silence.
Corrections and/or Changes to the Agenda.
2.00 BOARD OF SUPERVISORS ORGANIZATION - 2006
2.01 Election of Board Chair
2.02 Election of Board Vice Chair
2.03 Comments by Supervisors:
1. New Chair
2. Board Members
3 . O O CONSENT AGENDA
AUDITOR-
CONTROLLER 3.01 * Local Agency Improvement Fees - submitted is the
Combined Report of Impact Fees or Local Agency
Improvement Fees for Fiscal Year 2004-2005. Pursuant
to Government Code Section 66006, this item was
introduced at the meeting of December 13, 2005, and has
been on file and available for public inspection in the
Chief Administrative Office. Final action on the
report is now required - action requested - ACCEPT
REPORT AND MAKE FINDINGS AS DETAILED IN THE AGENDA
REPORT FOR EACH OF THE ACCOUNTS WITH REGARD TO PURPOSE,
RELATIONSHIP, SOURCE AND AMOUNTS, AND TIMING AS SET
FORTH IN GOVERNMENT CODE SECTION 66001(d) (FROM 12-
13-05 [3.01] )
BEHAVIORAL
HEALTH 3.02 * Skyway House - Amendment - approval is requested for an
amendment to the agreement with the Skyway House for
the provision of long-term residential recovery
services, day care services and alcohol and drug free
housing services. The amendment decreases the maximum
amount payable by $48,085.72, and revises the
agreement's exhibits to reflect the change. All other
terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. X15065)
PAGE 1 JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA - .TANIIARY 10, 2006
3.03 * State of California, Department of Alcohol and Drug
Programs - approval is requested for a grant agreement
with the State of California, Department of Alcohol and
Drug Programs, for funds to continue the Drug Court
Partnership Project. The term of the grant is
July 1, 2005, through June 30, 2006, with a maximum
amount payable to the County of $132,867 - action
requested - APPROVE GRANT AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Contract No. R40153)
3.04 * Promoting Safe and Stable Families Revenue - approval
is requested to accept and appropriate $21, 171 from the
Butte County Department of Employment and Social
Services for the provision of services to support
Promoting Safe and Stable Families grant programs -
action requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
BOARD OF
SUPERVISORS 3.05 * Butte County Mosquito and Vector Control District -
Supervisor Connelly submits his nominee for District 1
Representative - action requested - REAPPOINT LYNN
VANHART, DISTRICT 1 REPRESENTATIVE, TO A TERM TO END
DECEMBER 31, 2007.
CHIEF
ADMINISTRATIVE
OFFICE 3.06 * Resolution in Support of Joining the Province of
Quezon, Philippines, in a Twinning Sister-City
Relationship - consideration of a resolution in support
of a sister-city relationship with the Quezon Province,
Philippines, in order to enhance the development of
economic and cultural exchanges between the two
parties - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
CLERK OF
THE BOARD 3.07 * Approval of Minutes - action requested - APPROVE
MINUTES OF AUGUST 2, 2005; AUGUST 16, 2005;
AUGUST 30, 2005; SEPTEMBER 13, 2005;
SEPTEMBER 14, 2005; AND SEPTEMBER 27, 2005.
DEVELOPMENT
SERVICES 3.08 * Initiation of Zoning Code Amendment - approval is
requested to initiate a zoning code amendment to Butte
County Code Section 24-82, entitled, "Flexible Lot Size
Provisions", to allow the application of flexible lot
size provisions within certain areas of the adopted
Butte County Airport Land Use Compatibility Plan. Once
a proposed revision is drafted, it will be presented to
the Airport Land Use Commission for review - action
requested - PURSUANT TO THE REQUIREMENTS OF BUTTE
COUNTY CODE SECTION 24-25.20 ET SEQ, DIRECT STAFF TO
INITIATE A ZONING CODE AMENDMENT TO BUTTE COUNTY CODE
SECTION 24-82.
PAGE 2 JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 10, 2006
EMPLOYMENT
AND SOCIAL
SERVICES 3.09 * Resolution Recognizing Employment and Eligibility Staff
week in Butte County - consideration of a resolution
proclaiming January 22, 2006, through January 29, 2006,
as Employment and Eligibility Staff Recognition week in
Butte County - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
FIRE
DEPARTMENT 3.10 * State of California, 9-1-1 Emergency Communications
Office Grant Revenue - approval is requested to accept
and appropriate $13,300 in grant funds received from
the State of California, 9-1-1 Communications Office,
for fiscal year 2005-2006. The funds will be used to
purchase fire prevention education materials targeted
at elementary school children - action requested -
APPROVE A BUDGET TRANSFER (4 /5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN
THE AGENDA REPORT.
HUMAN
RESOURCES 3.11 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: DISTRICT ATTORNEY-
CRIMINAL - adds 1 sunset position of District Attorney
Victim Counselor (position end date 6-30-07), and 1
sunset position of Investigator II/I (position end date
6-30-06) PROBATION - adds 1 sunset position of
Probation Officer III/II/I (position end date 12-31-
06). DEVELOPMENT SERVICES - adds 1 position of
Planner, Principal, and 1 position of Planner, Senior.
COUNTY CLERK-RECORDER - deletes 2 flexibly staffed
positions of Deputy County Clerk-Recorder II/I/Deputy
County Clerk I. PUBLIC HEALTH-GENERAL SERVICES -
deletes 1 position of Public Health Education
Specialist, Senior/Public Health Education Specialist/
Public Health Education Specialist, Associate.
INFORMATION SYSTEMS - adds 2 positions of Accounting
Systems Analyst, 2 positions of Information Systems
Analyst, Principal/Information Systems Analyst, Senior/
Information Systems Analyst/Information Systems
Analyst, Associate. SALARY PLAN FOR ELECTED AND
APPOINTED OFFICIALS, REFERENCE A, APPOINTED DEPARTMENT
HEADS - sets the annual salary for the Director-water
and Resource Conservation at $97,233, effective
January 2, 2006 - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 3 JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 10, 2006
3.12 * Internal Revenue Code Section 125 Flexible Spending
Plan - Amendment to Plan Document - approval is
requested for an amendment to the Internal Revenue Code
(IRC) Section 125 Flexible Spending Plan document which
will establish a grace period in the plan to allow
participating employees to use amounts unused at the
end of the plan year to pay for expenses incurred
during the grace period - action requested - ADOPT
RESOLUTION APPROVING PLAN DOCUMENT AND AUTHORIZE THE
CHAIR TO SIGN RESOLUTION AND AMENDMENT.
PUBLIC
HEALTH 3.13 * James E. Brown - approval is requested for a lease
agreement with James E. Brown for the property located
at 1311 Mangrove Avenue, Suites D and E, Chico. The
location is utilized by the woman, Infants and Children
Program. The term of the agreement is January 1, 2006,
through December 31, 2006, with a maximum amount
payable of $25,584 ($2,132 per month [department
budget]) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.14 * Revenue Adjustments - approval is requested to increase
the revenue in the department's budget units by
$117,331 as the result of an increased allocation
distribution for the County Medical Services
Program/Emergency Medical Services Program for fiscal
year 2004-2005, and to increase and appropriate revenue
in the department's Emergency Medical Services revenue
account by $61,669 as a result of increased surcharge
collections - action requested - APPROVE A BUDGET
TRANSFER (4/5 vote required) INCREASING REVENUE
ACCOUNTS AND APPROPRIATING REVENUE AS DETAILED IN THE
AGENDA REPORT.
PUBLIC
woRxs 3.15 * Cabin Hollow Court Condominium Subdivision Final Map -
Cabin Hollow Court Condominium Subdivision is a one-
parcel final map for an industrial condominium
development located at 13309 and 13311 Cabin Hollow
Court, southeast of the Chico Airport. The proposed
project will divide the existing 5 structures into 14
condominium units that can be sold separately. The
subject property is identified as APN 016-220-053 -
action requested - APPROVE FINAL MAP.
3.16 * Resolution Prohibiting Stopping, Standing or Parking,
North and South Sides of Humboldt Road from the Chico
City Limits, East of Dead Horse Slough Bridge, to El
Monte Avenue - proposed is a resolution which will
prohibit vehicles from stopping, standing or parking on
the north and south sides of Humboldt Road from the
Chico City Limits, east of Dead Horse Slough, to El
Monte Avenue - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
PAGE 4 JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - .TANIIARY 10, 2006
3.17 * Golder Associates - Amendment - approval is requested
for an amendment to the agreement with Golder
Associates for the provision of conceptual excavation
plan drawings and construction quality assurance
services for modules at the Neal Road Sanitary
Landfill. The amendment revises the scope of work to
include a Module 4C Excavation Plan and Peer Review of
Public works staff design specifications for Closure
Phase II. The proposed revised scope of work will not
require a revision to the original contract amount due
to savings realized under the original agreement -
action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X15441)
3.18 * Reconstruction of Garner Lane, from 150 Feet South of
Short Horn Drive to Keefer Road; County Project No.
61165A-04-1 - Contract Change Order (CCO) No. 1 - CCO
No. 1, in the net decreasing amount of $1,225.04,
provides for increases and decreases in contract items
to reflect actual quantities used to complete the
project, and for extra work involved in the placement
of subgrade enhancement fabric and asphalt concrete
plugs in areas of the base rock grade. The net changes
resulted in the overall decrease of $1,225.04 - action
requested - APPROVE CONTRACT CHANGE ORDER NO. 1 AND
AUTHORIZE THE CHAIR TO SIGN.
3.19 * Reconstruction of Garner Lane, from 150 Feet South of
Short Horn Drive to Keefer Road; County Project No.
61165A-04-1 - Notice of Completion - the project
consisted of the reconstruction of a portion of an
existing two-lane roadway by removing the existing
roadway section, compacting the subgrade, placing an
aggregate base, and surfacing with asphalt concrete.
All contract work has been completed - action
requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR
TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE THE
RECORDING OF THE NOTICE OF COMPLETION.
SHERIFF'S
OFFICE 3.20 * Funds for Search and Rescue Generator Installation -
approval is requested to accept and appropriate $3,933
in federal Homeland Security grant funds from the
Emergency Services' budget unit to the Sheriff's Office
budget unit to provide the appropriation needed for the
installation costs for an emergency generator at the
Search and Rescue building - action requested - APPROVE
A BUDGET TRANSFER APPROPRIATING FUNDS BETWEEN BUDGET
UNITS AS DETAILED IN THE AGENDA REPORT.
PAGE 5 JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 10, 2006
3.21 * Introduction of an Ordinance Regarding Unclaimed, Found
Property, Amending Sections 2-87, 2-88, 2-90 and 2-91
of Article XII of Chapter 2 of the Butte County Code,
to Comply with California Civil Code Sections 2080 et
seq, as well as Penal Code Section 1411 - approval is
requested for an ordinance which will amend the Butte
County Code regarding unclaimed and found property to
comply with the California Civil Code and California
Penal Code - action requested - WAIVE READING OF THE
ORDINANCE.
3.22 * Ratification of Purchase in Excess of $2,500 - approval
is requested to ratify the purchase, and authorize
payment of the invoice for the purchase of filters for
the evidence drying cabinet, and file and gun boxes for
the safe storage of firearms. The purchases
inadvertently exceeded the $2,500 threshold for Field
Purchase Orders, and Board ratification is now
required. The final invoice amount to be paid is
$3,098.15 (department budget) - action requested -
RATIFY PURCHASES AND AUTHORIZE THE AUDITOR-CONTROLLER
TO PAY INVOICE AMOUNT.
TREASURER-
TAx COLLECTOR 3.23 * Monthly Investment Report - submitted is the Monthly
Investment Report dated November 30, 2005, in
accordance with the Statement of Investment Policy
dated July 1, 2005 - action requested - ACCEPT FOR
INFORMATION.
OTHER DEPARTMENTS
AND AGENCIES 3.24 * Resolutions in Appreciation of Media Coverage - the
Children's Services Coordinating Council is requesting
the Board adopt resolutions in appreciation of the
Chico News & Review, the Chico Enterprise Record, KPAY
Radio Station, KFZR Radio Station, and KQPT Radio
Station for their support and contributions to the
campaign to increase awareness of the Frank watters
Children's Trust Fund - action requested - ADOPT
RESOLUTIONS (5) AND AUTHORIZE THE CHAIR TO SIGN.
3.25 * Butte County Children and Families Commission Annual
Audit - pursuant to Butte County Code Section 2-
100.70(d), submitted is the Butte County Children and
Families Commission's Annual Audit for Fiscal Year
2004-2005 - action requested - ACCEPT FOR INFORMATION.
3.26 * Local Child Care Planning Council - pursuant to
California Education Code Section 8499.3, the Butte
County Office of Education submits for approval the
Local Child Care Planning Council Certification
Statement - action requested - ACCEPT AND APPROVE THE
CERTIFICATION STATEMENT REGARDING COMPOSITION OF THE
LOCAL CHILD CARE PLANNING COUNCIL AND AUTHORIZE THE
CHAIR TO SIGN.
PAGE 6 JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 10, 2006
3.27 * Lake Madrone water District - submitted is the Board of
Director's recommendation for appointment to a Board
vacancy - action requested - APPOINT FRED MICHELS,
DIRECTOR, TO A VACATED TERM TO END DECEMBER 3, 2007.
4 . ~ ~ REGULAR AGENDA
BOARDS,
COMMISSIONS AND
COMMITTEES 4.01 Boards, Commissions and Committees.
* 1. Appointments to Listed Vacancies.
2. Board Member or Committee Reports.
* 3. City/County Subcommittees.
A. City of Biggs - consideration of the
formation of, and appointments to, a
subcommittee of the Board to work with staff
on issues with the City of Biggs - action
requested - APPROVE FORMATION OF
SUBCOMMITTEE; AND APPOINT TWO BOARD MEMBER
REPRESENTATIVES.
B. City of Gridley - consideration of the
formation of, and appointments to, a
subcommittee of the Board to work with staff
on issues with the City of Gridley - action
requested - APPROVE FORMATION OF
SUBCOMMITTEE; AND APPOINT TWO BOARD MEMBER
REPRESENTATIVES.
* 4. Northern California water Association -
consideration of the election of 2 Directors and
2 Alternate Directors for the term of
January 1, 2006, through December 31, 2007 -
action requested - SELECT 2 DIRECTORS AND 2
ALTERNATE DIRECTORS AND AUTHORIZE THE CHAIR TO
SIGN VOTING MEMBERSHIP BALLOT.
PAGE 7
JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 10, 2006
BUDGET AND
LEGISLATIVE
UPDATE 4.02 Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
DDPCPTTTTTT/1TT
AND DISCUSSION
ITEMS 4 . 03
1. 2006 Legislative/Regulatory Platform -
presentation of the County 2006
Legislative/Regulatory Platform which describes
the County's legislative and regulatory
priorities and goals for the upcoming legislative
session - action requested - ADOPT PLATFORM.
(CHIEF ADMINISTRATIVE OFFICE AND PAUL YODER,
STRATEGIC LOCAL GOVERNMENT SERVICES [FROM
12-13-05])
2. 2007 Federal Legislative Platform - presentation
of a year end review of the fiscal year 2006
federal legislative platform, an outlook for
fiscal year 2007, and a list of proposed projects
for fiscal year 2007 - action requested - ADOPT
THE 2007 BUTTE COUNTY FEDERAL LEGISLATIVE
PLATFORM. (CHIEF ADMINISTRATIVE OFFICE AND
KRISTI MORE, THE FERGUSON GROUP)
3. Letter of Concern Regarding Status of Video
Franchising - the California Cable and
Telecommunications Association and League of
California Cities are urging local governments to
send letters of concern to their federal and
state legislative representatives regarding
current efforts by telephone companies to bypass
established franchising principals in offering
local video services - action requested - APPROVE
LETTER OF CONCERN AND AUTHORIZE THE CHAIR TO
SIGN. (CHIEF ADMINISTRATIVE OFFICE)
Butte County Community wildfire Protection Plan -
consideration of the Butte County Community wildfire
Protection Plan which will serve as the County's master
wildland fire planning document - action requested -
APPROVE THE BUTTE COUNTY COMMUNITY WILDFIRE PROTECTION
PLAN AS BUTTE COUNTY'S MASTER WILDLAND FIRE PLANNING
DOCUMENT, AND AUTHORIZE THE CHAIR OF THE BOARD TO SIGN
THE COMMUNITY WILDFIRE PROTECTION PLAN CERTIFICATION
AND AGREEMENT. (FIRE DEPARTMENT)
PAGE 8
JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 10, 2006
a er on is a u is Baring as Ben e an a
Motion of Intent Adopted - Randy Moon Tentative Parcel
Map Appeal - on December 13, 2005, the Board approved
a motion of intent regarding a Tentative Parcel Map to
divide a 2.0 acre parcel into two 1.0 acre parcels, on
property located on the southeast corner of Stanley
Avenue and walnut Tree Lane, approximately 2,100 feet
east of Dayton Road, southwest of Chico, and identified
as APN 039-370-100. Submitted are actions required for
final approval of the project - action requested -
STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A AND B) AS DETAILED IN THE
STAFF REPORT DATED JANUARY 10, 2006, GRANT THE
APPEAL OF THE EXCEPTION AND ELIMINATE CONDITION
NO. 8 BASED ON EXISTING ROAD IMPROVEMENT RS-8 LD-
III BEING DEEMED SUFFICIENT; AND
2. SUBJECT TO FINDING II (A) AS DETAILED IN THE STAFF
REPORT DATED JANUARY 10, 2006, DENY THE APPEAL TO
REMOVE CONDITION NO. 10 WHICH REQUIRED THAT PRIOR
TO APPROVAL OF THE IMPROVEMENT PLANS, A PLAN FOR
A PERMANENT SOLUTION FOR DRAINAGE BE SUBMITTED TO
AND APPROVED BY THE DEPARTMENT OF PUBLIC WORKS.
(FROM 12-13-05 [5.04])
4.05 Adoption of an Ordinance Amending Article XVIII,
Section 2-151, of the Butte County Code Entitled
"Duties of Department" - in order to facilitate the
Development Services Department in carrying out its
role under the Master Cooperative Environmental Review
Agreement, it is proposed that the description of the
duties of the Director of Development Services, found
in Butte County Code Section 2-151, be clarified to
explicitly allow the director to make procedures for
submittal of development applications - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 12-13-05 [4.06])
PAGE 9 JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 10, 2006
e y i ge - io a ions o ne- 00 o ccess rip -
consideration of an exemption to the no access strip at
253 Kanaka Avenue, allowing for the temporary driveway
to remain the access point to the lot - action
requested - GRANT AN EXEMPTION TO THE NO ACCESS STRIP
AT 253 KANAKA AVENUE; AUTHORIZE THE DEPARTMENT OF
PUBLIC WORKS TO ISSUE AN ENCROACHMENT PERMIT FOR A
DRIVEWAY ONTO THE SAME LOT; AND DIRECT PUBLIC WORKS TO
PROCEED, AS OUTLINED IN THE AGENDA REPORT, TO ADDRESS
THE UNAUTHORIZED ENCROACHMENTS IN THE KELLY RIDGE AREA
BY GRANTING PUBLIC WORKS LIMITED AUTHORITY TO ALLOW
EXEMPTIONS TO THE NO ACCESS STRIP AND GRANT
ENCROACHMENT PERMITS TO THE EXISTING SITES THAT ARE IN
COMPLIANCE OR BROUGHT INTO COMPLIANCE WITH EXISTING
COUNTY STANDARDS. (PUBLIC WORKS [FROM 11-8-05 (4.05)])
4.07 Introduction of an Ordinance of the County of Butte
Requiring Diversion of Construction and Demolition
Debris, Amending the Butte County Code by Adding
Article VII to Chapter 31 and Amending Section 1-7 of
Chapter 1, and Section 41-5 of Chapter 41 -
consideration of an ordinance which would establish
requirements to divert construction and demolition
debris from the Neal Road Landfill through recycling or
reuse - action requested - CONTINUE MATTER TO ALLOW
STAFF ADDITIONAL TIME TO CONSIDER USER GROUP INPUT AND
POSSIBLE AMENDMENTS TO THE ORDINANCE. (FROM 12-13-05
[4.07] )
4.08 * Participation in Development of Request For Proposal
for Solid waste Collection and Recycling Services in
the Upper Ridge Area and Cost Share Agreement -
approval is requested for staff to work with the Town
of Paradise and consultants to develop a Request For
Proposal for the competitive selection of a
contractor(s) to provide solid waste services to a Town
of Paradise franchised area, to include unincorporated
areas of the Upper Ridge, and consideration of a Cost
Sharing Agreement with the Town for the County's costs
($8,033) associated with services provided by the
Town's consultant - action requested - AUTHORIZE STAFF
TO WORK WITH THE TOWN OF PARADISE AND CONSULTANT TO
DEVELOP A REQUEST FOR PROPOSAL; AUTHORIZE THE COUNTY
SOLID WASTE COMMITTEE TO PROVIDE DIRECTION, REVIEW OF
THE CONSULTANT'S WORK, AND MAKE RECOMMENDATIONS TO THE
BOARD RELATING TO THE COUNTY'S PORTION OF THE REQUEST
FOR PROPOSAL; AND AUTHORIZE THE DIRECTOR OF PUBLIC
WORKS TO ENTER INTO A COST SHARING AGREEMENT WITH THE
TOWN OF PARADISE. (PUBLIC WORKS)
PAGE to JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 10, 2006
4.09 Items Removed from the Consent Agenda for Board
Consideration and Action.
S.O ~ PUBLIC HEARINGS AND TIMED ITEMS
10:30 A.M. 5.01 * Continued Public Hearing - T-Mobile wireless, Inc. -
Use Permit Appeal - consideration of an appeal of the
Planning Commission's approval of a Use Permit to
install a 114-foot telecommunications facility with two
carriers. Associated equipment is to be located under
the facility and to the east of the facility. The
proposed tower will look like a windmill. This is a
project on which notice of intent to adopt a negative
declaration with mitigation measures regarding
environmental impacts has been given. The project is
located on the east side of Clark Road (SH 191),
approximately 600 feet north of Butte Campus Drive, at
2822 Clark Road, and identified as APN 041-430-012 -
action requested:
1. STAFF RECOMMENDS THE BOARD DENY THE APPEAL AND
UPHOLD THE PLANNING COMMISSIONS' APPROVAL WITH
THE FOLLOWING ACTIONS:
A. SUBJECT TO FINDINGS A (I [A-D] ) AS DETAILED IN
THE REVISED STAFF REPORT DATED
NOVEMBER 8, 2005, AND THE CONDITIONS OF
APPROVAL AS DETAILED IN EXHIBIT "A" OF THE
REVISED STAFF REPORT DATED NOVEMBER 8, 2005,
DENY THE APPEAL AND UPHOLD THE PLANNING
COMMISSION'S APPROVAL;
B. SUBJECT TO FINDINGS A(II[A-E]) AS DETAILED
IN THE REVISED STAFF REPORT DATED
NOVEMBER 8, 2005, ADOPT A MITIGATED NEGATIVE
DECLARATION; AND
C. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL
DAMAGE TO FISH AND WILDLIFE OR THEIR HABITAT
AND APPROVE A "DE MINIMUS" EXEMPTION TO THE
COLLECTION OF FEES PURSUANT TO FISH AND GAME
CODE SECTION 711.4 AND 14 CCR 753.5; OR
2. SHOULD THE BOARD CHOOSE, MOVE TO GRANT THE APPEAL
AND DENY THE PROJECT; OR
PAGE 11
JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 10, 2006
5.01 3. SHOULD THE BOARD CHOOSE TO APPROVE THE PROJECT AS
(Cont.) PRESENTED, THE BOARD SHOULD TAKE THE FOLLOWING
ACTIONS:
A. SUBJECT TO FINDINGS C (I [A-D]) AS DETAILED IN
THE REVISED STAFF REPORT DATED
NOVEMBER 8, 2005, AND THE CONDITIONS OF
APPROVAL AS DETAILED IN "EXHIBIT B" OF THE
REVISED STAFF REPORT DATED NOVEMBER 8, 2005,
APPROVE USE PERMIT UP 05-O1 FOR T-MOBILE
WIRELESS, INC., AS ORIGINALLY SUBMITTED AS
A 114-FOOT TOWER WITH DECORATIVE WINDMILL;
B. SUBJECT TO FINDINGS C(II[A-E]) AS DETAILED
IN THE REVISED STAFF REPORT DATED
NOVEMBER 8, 2005, ADOPT A MITIGATED NEGATIVE
DECLARATION; AND
C. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL
DAMAGE TO FISH AND WILDLIFE OR THEIR HABITAT
AND APPROVE A "DE MINIMUS" EXEMPTION TO THE
COLLECTION OF FEES PURSUANT TO FISH AND GAME
CODE SECTION 711.4 AND 14 CCR 753.5. (FROM
11-8-05 [5.01] )
6.00
PUBLIC COMMENT
Comments to the Board on issues and items not listed on
the agenda. Presentations will be limited to five
minutes. Please note that pursuant to California state
law, the Board of Supervisors is prohibited from taking
action on any item not listed on the agenda.
7.00 CLOSED SESSION
7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
24956.9(a):
A. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
B. DEORLE V. RUTHERFORD (USDC CIV-S-97-0434 LKK/PAN).
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(c) ONE POTENTIAL CASE.
PAGE 12
JANUARY 10, 2006
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 10, 2006
7.03 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6:
AGENCY REPRESENTATIVE: JEANNE GRAVETTE;
EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY MANAGEMENT
EMPLOYEES ASSOCIATION (MANAGEMENT AND SUPERVISORY
UNIT); DEPUTY SHERIFFS' ASSOCIATION (GENERAL UNIT AND
MANAGEMENT AND SUPERVISORY UNIT); BUTTE COUNTY
CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL UNIT AND
MANAGEMENT AND SUPERVISORY UNIT); PROFESSIONAL
EMPLOYEES UNIT; SOCIAL SERVICES WORKERS UNIT; AND
PROBATION PEACE OFFICERS' ASSOCIATION.
7.04 PUBLIC EMPLOYEE PERFORMANCE EVALUATION, INCLUDING
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
DIRECTOR-PUBLIC HEALTH.
PAGE 13 JANUARY 10, 2006
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meeting Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are
held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive,
Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates
can be changed as a result of holidays or other events so please check the meeting calendar to be certain.
Copies of the adopted meeting calendar for the year are available in the County Administrative Office or at
the Clerk of the Board website at www.buttecounty.net/cob.
Agenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at least
72 hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the
Board website. A copy of the agenda and supporting materials provided to the Board of Supervisors members
to explain each agenda item (excluding documents that are not a public record within the meaning of the Public
Records Act) are available for your review at the County Administrative Office, the Chico, Oroville, and
Paradise libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies
of supporting materials can be made for you at a charge to cover costs. The list of communications included
with the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may
have been received but not included in the agenda supporting material. Copies of all communications received
by the Board of Supervisors (excluding documents that are not a public record within the meaning of the Public
Records Act) are available at the Administrative Office upon request. An (*) appearing before an agenda item
signifies that material has been provided to the Board of Supervisors members to explain that item.
Agenda Format and
Meeting Order: The agenda is usually organized into the following areas and meetings generally proceed in the following
order:
1. ConsentAgenda: these are items that are considered routine and are handled by one motion and vote
of the Board. If you wish to discuss any item on the Consent Agenda you can either fill out a
speaker card (located in the back of the board room) and give it to the Clerk of the Board (sitting to
the right of the Board) or, when the Chair asks if there is anything anyone would like to remove from
the ConsentAgenda, stand and approach the podium and request the item be removed. The removed
items are discussed at the end of the Regular Agenda.
2. Regular Agenda: this is where presentations to the Board and items that require full discussion are
heard. Items removed from the Consent Agenda are discussed under this section.
3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public
hearing are set. This is the section where appeals before the Board are usually discussed. Hearings
may start after the time listed, but will never start before the time listed.
4. Public Comment: this is the area of the agenda where members of the audience may address the
Board on any matter not listed on the agenda. The Board, by law, cannot take action on any matter
not listed on the agenda, but may respond to statements or questions and provide staff direction.
5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain
circumstances. This area ofthe agenda identifies those items that will be discussed during the closed
session.
Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow
members of the public the opportunity to comment on all matters before the Board. Public participation is
limited to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section
54954.3. The Board has adopted policy and procedures to facilitate the meeting process and conduct. A
complete listing of these policies and procedures can be found in the printed booklet agenda, obtained at the
County Administrative Office, or viewed at the Clerk of the Board website.
The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals
with special needs should call the Clerk of the Board at 530-538-7631, Monday through Friday, 8:00 a.m. to
5:00 p.m. to request disability-related modifications/accommodations or to request materials in alternate
formats. All requests for special accommodations and/or alternative format documents must be made 48 hours
prior to the meeting.
For further information contact the: Clerk of the Board of Supervisors
County Administrative Office
25 County Center Drive, Oroville, CA 95965
530-538-7631
www.buttecounty.net/cob