HomeMy WebLinkAboutA012307BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
JANUARY 23, 2007
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County Supervisors
Bill Connelly, District 1
Jane Dolan, District 2
Maureen Kirk, District 3
Curt Josiassen, District 4
Kim Yamaguchi, District 5
Paul McIntosh, Chief Administrative Bruce Alpert, County Counsel
Officer and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS
9:00 A.M. 1.00
1.01
CALL TO ORDER
AGENDA -JANUARY 23, 2007
Call to Order
Administration
Oroville.
1.02
1.03
2.00
- 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.
3.00 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 2005-2006. Pursuant
to Government Code Section 66006, this item was
introduced at the meeting of December 12, 2006, 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 12-12-
06 [3.03])
BEHAVIORAL
HEALTH 3.02 * Butte County Probation Department - approval is
requested for a renewal of the Family Bridges
Memorandum of Understanding with the Probation
Department for Fiscal Year 2006/2007. The program is
designed to serve at-risk youth ages 8 to 18 and their
families. The term of the agreement is July 1, 2006
through June 30, 2007. The maximum financial
obligation is $282,488. Funding is identified in the
541-011 budget unit 554430 account - action
requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
PAGE 1 JANUARY 23, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - .TANIIARY 23, 2007
3.03 * Butte County Probation Department - approval is
requested for a renewal of the Memorandum of
Understanding (MOU) with the Butte County Probation
Department. The purpose of the MOU is to maintain
and expand Butte County's successful Drug Court
Program. The term of the agreement is July, 1, 2006
through June 30, 2007. Funding is from Drug Court
Partnership Grant monies and will not exceed $54,064
for Fiscal Year 2006/2007. Funding is identified in
the 541-012 budget unit 554430 account - action
requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.04 * Medispose - approval is requested for an agreement with
Medispose for the collection and removal of all
biomedical wastes generated by the department's Oroville
Outpatient facility at 18C County Center Drive,
Oroville, and for the treatment and/or disposal of those
wastes. The rates are $38.50 per each 6.2-quart sharps
container and $50 per each 3-gallon pharmaceutical
box. The term of the agreement is November 1, 2006
through October 31, 2011. The maximum amount payable
will not exceed $800 per Fiscal Year. Funding is
identified in the 541-011 budget unit 526.201 account -
action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.05 * Medispose - approval is requested for an agreement with
Medispose for the collection and removal of all
biomedical wastes generated by the Psychiatric Health
Facility at 592 Rio Lindo, Chico, and for the treatment
and/or disposal of those wastes. The rates are $38.50
per 20-gallon barrel with $1 for each pound over the
20 lb. weight limit; and $50 per each 3-gallon
pharmaceutical box. The term of the agreement is
November 1, 2006 through October 31, 2011. The maximum
amount payable will not exceed $800 per Fiscal Year.
Funding is identified in 541-001 budget unit 526.201
account -action requested - APPROVE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 2 JANUARY 23, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 23, 2007
3.06 * Medispose - approval is requested for an agreement with
Medispose for the collection and removal of all
biomedical wastes generated by the Rehabilitation of our
Friends (ROOF) Program and Chico Adult Outpatient
Services at 107 Parmac, Suites 1 and 2, Chico, and for
the treatment and/or disposal of those wastes. The
rates are $38.50 per each 20-gallon barrel and each 5-
gallon barrel; $50 per each 3-gallon pharmaceutical box;
$89.95 per each 8-gallon pharmaceutical container; and
$38.50 per each 1.7, 4.7, 5.0 or 6.2-quart sharps
container. The term of the agreement is November 1,
2006 through October 31, 2011. The maximum payable
amount will not exceed $800 per Fiscal Year. Funding
is identified in 541-011 budget unit 526.201
account - action requested - APPROVE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
CHIEF
ADMINISTRATIVE
OFFICE 3.07 * Resolution Appointing County Representative to the
Butte County Abandoned Vehicle Abatement Service
Authority - consideration of a resolution appointing a
County member by position, instead of name, due to the
periodic rotation of staff member responsible for the
functional area that includes the Abandoned Vehicle
Abatement Program. The new term will run for four
years - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
3.08 * Budget Transfer to Fish and Game Commission Budget -
approval is requested for an appropriation of $3,000 to
the Fish and Game Commission Budget from the Fish and
Game Fund Balance. The additional funds requested will
allow for the purchase of an all terrain vehicle to be
used by State Game Wardens in their enforcement efforts.
Funds are available in the Fish and Game Fund to support
this request - action requested - APPROVE A BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING
FUNDS AS DETAILED IN THE AGENDA REPORT.
PAGE 3 JANUARY 23, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 23, 2007
DEVELOPMENT
SERVICES 3.09 * Compatibility of "Handi-Riders" Tentative Parcel Map
(TPM) #06-12 with the Williamson Act - determination is
requested that the "Handi-Riders" TPM application # 06-
12 is compatible with the Williamson Act. TPM #06-12
would divide an approximately 133 acre parcel into two
parcels: one 71 acres and one 62 acres. The property
is subject to a 2001 Williamson Act Contract and is
located on the east side of Coal Canyon Road, one mile
south of Hwy 70 and Wheelock, at the end of Flag Creek
Road. The APN is 041-140-069. On December 14, 2006,
the Butte County Planning Commission conditionally
approved TPM 06-12 subject to a determination by the
Board of Supervisors that the map is compatible with
the Williamson Act - action requested - DETERMINE THAT
THE "HANDI-RIDERS" TENTATIVE PARCEL MAP #06-12 IS
COMPATIBLE WITH THE WILLIAMSON ACT.
3.10 * Compatibility of "Ballou" (aka - Camelot Equestrian
Park) Use Permit (UP) 05-10 with the Williamson
Act - determination is requested that the "Ballou" UP
05-10 is compatible with the Williamson Act. The UP
would allow for equestrian training, education and an
event park. The property is subject to a 1976 "Leah
Martin" Williamson Act contract and is a 160 acre
portion of a 352 acre parcel located on the west side
of Clark Road (SR 191) approximately 1.8 miles north of
SR 70, northeast of Oroville. The APN is 041-190-051.
UP 05-10 was conditionally approved by the Planning
Commission on November 30, 2006 subject to a
determination by the Board of Supervisors that the
proposed uses are compatible with the Williamson
Act - action requested - DETERMINE THAT THE USES
APPROVED AND CONDITIONED BY THE "BALLOU" UP 05-10 ARE
COMPATIBLE WITH THE WILLIAMSON ACT.
3.11 * Notice of Partial Non-Renewal - Williamson Act
Agreement - approval is requested to accept County
initiated Notice of Partial Non-Renewal for Williamson
Act Agreement as follows: James R., Patricia L., and
Elmer E. Walter (Walter 1982), Partial Non-Renewal, APN
039-200-071, 072, and 073 (totaling approximately 120
acres), Williamson Act Contract Instrument Number 82-
3626, Book 132, Pages 4 through 6 - action requested -
ACCEPT NOTICE OF PARTIAL NON-RENEWAL AND DIRECT
RECORDING OF NOTICE.
PAGE 4 JANUARY 23, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA - .TANIIARY 23, 2007
3.12 * Wireless Communications Zoning Code Amendment - Report
to the Board and Rescheduling of Public Hearing -
pursuant to Butte County Code Section 24-25.40 (b),
submitted is the Butte County Planning Commission
Report recommending approval of zoning code amendment
06-00021 to provide for a ministerial permitting
process in the County to replace the existing
discretionary permitting process regulating proposed
installations of "collocation facilities" on, or
immediately adjacent to a "wireless telecommunications
collocation facility," consistent with the Government
Code Sections 65850.6 and 65964. This item appeared on
the Board's agenda of January 9, 2007 (item 3.27) and
is being rescheduled to February 13, 2007 at 10:00
a.m. - action requested - RESCHEDULE PUBLIC HEARING TO
FEBRUARY 13, 2007 AT 10:00 A.M. (FROM 1-9-07 [3.27])
EMPLOYMENT
AND SOCIAL
SERVICES 3.13 * Resolution Recognizing Employment and Eligibility Staff
Week in Butte County - consideration of a resolution
proclaiming January 21, 2007 through January 27, 2007,
as Employment and Eligibility Staff Recognition Week in
Butte County - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
3.14 * Department of Behavioral Health - approval is requested
for a Memorandum of Understanding with Department of
Behavioral Health for a Substance Abuse Assessment and
Referral Program. The program is provided to support
activities that are necessary to improve outcomes for
children and families who are referred to Child Welfare
Services. The target population for this program will
be parents who are clients of the Butte County
Children's Services Division, particularly those with
children age three and younger. The term of the
agreement is January 1, 2007 through June 30, 2007.
The maximum amount payable shall not exceed $89,294.28
(Department Budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
GENERAL
SERVICES 3.15 * Safegard/Wilgus Fire Control, Inc. - approval is
requested to award the fire system testing and
maintenance contract to Safegard/Wilgus Fire Control,
Inc. Invitation for Bids (IFB) 49-07 was issued to
solicit bids for a three year period of service.
Safegard/Wilgus Fire Control, Inc. submitted the lowest
bid in the amount of $32,835 (Facilities Services
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 5 JANUARY 23, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 23, 2007
3.16 * Resolution Recognizing Contract Management Week in
Butte County - consideration of a resolution
proclaiming April 23, 2007 through April 29 2007, as
Contract Management Week in Butte County - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
HUMAN
RESOURCES 3.17 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows:S SALARY PLAN FOR
CLASSIFIED POSITIONS, REFERENCE C, GENERAL (bcea) UNIT
CLASSIFICATIONS - changes the salary range of the Legal
Clerk (Class code 7029) from range 21 to range 23.
This change is a result of the Adjustment Board's
decision as described in the 2005-2008 tentative
agreement between the County and Butte County Employees
Association; SALARY PLAN FOR CLASSIFIED POSITIONS - per
the January 9, 2007 Board agenda item 3.13, the salary
of the Director of Public Health is being adjusted as
prescribed in the Salary Ordinance Number 3938 in
Section 69 "Salary Plan for Elected and Appointed
Officials," Reference A: Appointed Department Heads.
The annual salary is $130,752 effective January 1,
2007 - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
INFORMATION
SYSTEMS 3.18 * Fixed Asset Purchase - approval is requested for the
funding and acquistion of the web-based Pentamation
eFinancePLUS system in preparation for the conversion
of the existing Pentamation Open Series Financial
System to the Pentamation FinancePLUS Financial System
and related computer hardware. The cost of the upgrade
including training and equipment is $101,000. Approval
is also requested for a transfer from the General Fund
Appropriation for Contingencies to provide funding for
the purchase - action requested - APPROVE FIXED ASSET
PURCHASE OF THE WEB-BASED SYSTEM; APPROVE PURCHASE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE
A BUDGET TRANSFER (4/5 VOTE REQUIRED) ACCEPTING, AND
APPROPRIATING $101,000 FROM THE GENERAL FUND
APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE
AGENDA REPORT.
PAGE 6 JANUARY 23, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA - .TANIIARY 23, 2007
3.19 * SunGard Pentamation - addendum - approval is requested
for an addendum to the existing maintenance agreement
with SunGard Pentamation. The conversion of the
Pentamation Open Series Financial System to the new
Pentamation FinancePLUS Financial System requires an
upgrade of the existing UNIX/Informix operating system
to the Windows SQL operating system. This is covered
by the existing maintenance agreement, however custom
programming and other modifications to the existing
base system must be converted and migrated by SunGard
Pentamation. These modifications are not covered by
the existing agreement. No additional funding is
required - action requested - APPROVE THE ADDENDUM TO
THE AGREEMENT AND AUTHORIZE CHAIR TO SIGN.
LIBRARY 3.20 * Resolution in Honor of L. Jean Lewis Upon Her
Retirement from Butte County - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.21 * Public Library Staff Education Program - approval is
requested to accept and appropriate a tuition
reimbursement grant in the amount of $4,607 awarded
through the Public Library Staff Education Program in
June of 2006. These funds were awarded by the state to
the Library staff member who is attending graduate
library school. The library needs to appropriate the
funds in order to reimburse staff for the Fall 2006
semester - action requested - APPROVE A BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING GRANT FUNDS AS DETAILED IN THE AGENDA
REPORT .
PUBLIC
HEALTH 3.22 * Bonnie Calhoon - approval is requested for a dependent
contractor therapy service agreement with Bonnie
Calhoon. The County contracts with occupational and
physical therapists for the provision of services to
children eligible for the California Children's
Services program. The term of the agreement is January
1, 2007 through June 30, 2007. The maximum payable is
$26,600 (25o realignment funds, 25o department funds,
50o state funds) - action requested - APPROVE AGREEMENT
AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 7 JANUARY 23, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA - .TANIIARY 23, 2007
PUBLIC
woRxs 3.23 * Budget Transfers for County Service Area (CSA) 169
(Pheasant Landing Subdivision) - approval is requested
for budget transfers for Zones 1, 2, and 3 within CSA
169. During routine hydrant flow testing, it was
determined that there was little to no water pressure
for a hydrant that serves Zone 2. Testing showed high
amounts of sand within the system. Subsequent fire
protection well testing revealed a sand problem within
the well which can damage equipment on fire trucks.
Diagnostics and repairs were recently performed at a
cost of $3,081. Additional repairs and installation of
a well pump protection sand separator and additional
well column piping is estimated to cost $9,695.91,
therefore transfers are required to have funds
available within the CSAs' budgets - action
requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) APPROPRIATING FUNDS AS DETAILED IN THE AGENDA
REPORT .
SHERIFF 3.24 * Budget Transfer to Acquire Jail Mattresses - approval
is requested to transfer $14,300 from the Stores ISF
budget to the jail household budget for the purchase of
mattresses. In order to make the purchasing process
more efficient, the Sheriff's office will be ordering
mattresses directly from a blanket purchase agreement
in the future. On September 26, 2006, the Board
approved the appropriation of $35,000 for the purchase
of a new style of mattresses for the jail - action
requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED
IN THE AGENDA REPORT.
WATER AND
RESOURCE
CONSERVATION 3.25 * Butte County Water Commission Technical Advisory
Committee - action requested - APPOINT JAMES L.J.
HOUPIS, PhD. TO A TERM TO END MARCH 1, 2011.
OTHER
DEPARTMENTS
AND AGENCIES
PAGE 8 JANUARY 23, 2007
3.26 * Oroville Cemetery District - action requested - APPOINT
ALLEN (J.R.) SIMPSON TO A TERM TO END JANUARY 1, 2008
AND REAPPOINT CORDON ANDOE TO A TERM TO END
JANUARY 1, 2011.
3.27 * Butte County Indian Gaming Local Community Benefit
Committee - action requested - APPOINT JIM PROUTY AND
JAMIE JOHANSSON, CITY OF OROVILLE REPRESENTATIVES, TO
TERMS TO END JULY 1, 2011.
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -JANUARY 23, 2007
3.28 * Resolution in Support of Media Coverage of the Frank
Watters and Mary Anne Houx Children's Trust Fund -
consideration of a resolution acknowledging the
contributions of local media to the campaign to
increase the awareness of the Trust Fund. The media
groups being recognized for their donation of
advertising and endorsement in support of the campaign
include: KPAY, KHSL, Chico News and Review and Chico
Enterprise Record - action requested - ADOPT
RESOLUTIONS AND AUTHORIZE THE CHAIR TO SIGN.
4.00 REGULAR AGENDA
BOARDS,
COMMISSIONS AND
COMMITTEES 4 . 01 * Boards, Commissions and Committees .
1. Appointments to Listed Vacancies.
2. Board Member or Committee Reports.
BUDGET, LEGISLATIVE
OR COUNTY RELATED
UPDATES 4.02 1. Update on Current Budget and Legislative Issues by
the Chief Administrative Officer.
2. Update on the State of California's delayed
General Fund and Medi-Cal payments to Butte County
by Director of Behavioral Health.
4.03 Update of General Plan Process by Director-Development
Services.
PAGE 9
JANUARY 23, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 23, 2007
PRESENTATION
AND DISCUSSION
ITEMS 4.04 * Butte Regional Habitat Conservation Plan - presentation
by the Butte County Association of Governments
regarding the development of the Butte Regional Habitat
Conservation Plan and the Natural Community
Conservation Plan - action requested - ACCEPT FOR
INFORMATION. (BUTTE COUNTY ASSOCIATION OF GOVERNMENTS)
4.05 * State Route 32/Nord Avenue Corridor Plan - presentation
by the Butte County Association of Governments
reviewing the State Route 32/Nord Avenue Corridor
Study - action requested - ACCEPT FOR INFORMATION.
(BUTTE COUNTY ASSOCIATION OF GOVERNMENTS)
4.06 * Additional Appointments to the Butte County General
Plan Citizens Advisory Committee and Updated Citizens
Advisory Committee Resolution - approval is requested
for four additional appointments to the Citizens
Advisory Committee bringing the total membership to
thirty four. Approval is also requested to adopt a
resolution concerning the changes to the previous
Citizens Advisory Committee Resolution and approve the
memberships listed on the Official Roster of the
Citizens Advisory Committee - action requested -
APPROVE FOUR ADDITIONAL APPOINTMENTS PURSUANT TO THE
RECOMMENDATIONS OF THE BOARD'S GENERAL PLAN AD-HOC
COMMITTEE; APPROVE OFFICIAL ROSTER OF CITIZENS ADVISORY
COMMITTEE; AND ADOPT RESOLUTION OF THE UPDATED CITIZENS
ADVISORY COMMITTEE. (DEVELOPMENT SERVICES)
4.07 * Introduction of an Ordinance Regarding User Fees
Amending Section 3-41 of Chapter 3 (Fees) of the Butte
County Code - approval is requested for an ordinance
that adds cost escalator language to Section 3-41, to
allow for periodic changes to the Building Division Fee
Schedule based on the same cost escalators used in
various sections of the County Code for other user
fees - action requested - WAIVE READING OF THE
ORDINANCE. (CHIEF ADMINISTRATIVE OFFICE)
PAGE 10 JANUARY 23, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 23, 2007
4.08 * Resolution Superseding and Repealing Resolution 00-49,
Affirming the Purpose, Amending Administrative
Procedures and Uniform Rules, Including Compatible Uses
for Land Subject to Land Conservation Act (Williamson
Act) Contracts - consideration of a resolution prepared
per Board's direction on December 12, 2006 regarding
changes to Resolution 00-49 updating Butte County
Administrative Procedures and Uniform Rules for
Implementing the California Land Conservation Act -
action requested - ADOPT RESOLUTION INCLUDING "EXHIBIT
A" AS PROVIDED IN THE AGENDA REPORT DATED JANUARY 23,
2007 AND AUTHORIZE CHAIR TO SIGN. (DEVELOPMENT
SERVICES)
4.09 Items Removed from the Consent Agenda for Board
Consideration and Action.
rJ . OO PUBLIC HEARINGS AND TIMED ITEMS
10:20 A.M. 5.01 * Resolutions for the Submittal of Community Development
Block Grant (CDBG) Applications - approval is requested
for two resolutions. Each year CDBG allocates funds
for eligible CDBG activities. Current funds are
available for planning and technical assistance (PTA)
projects and Economic Development activities. Eligible
jurisdictions may apply for up to $35,000 for CDBG
Economic Development PTA Activities and $500,000 for
CDBG Economic Development Allocation. The proposed
Economic Development Allocation CDBG PTA Grant Activity
will be the Butte County Capital Access Assessment
which is an in-depth analysis of industry clusters and
what financing challenges they may face in Butte
County. The proposed Economic Development Allocation
CDBG activity is a continuation of funding for the
Butte County Micro-enterprise Business Assistance
Program which was founded in the Fall of 2002. The
program provides qualified companies of 5 or fewer
employees with access to approximately 200 hours of
professional services designed to assist with their
growth and development - action requested - ADOPT
RESOLUTION APPROVING THE SUBMITTAL OF A STATE COMMUNITY
DEVELOPMENT BLOCK GRANT, PLANNING AND TECHNICAL
ASSISTANCE GRANT APPLICATION AND AUTHORIZE THE CHAIR TO
SIGN; AND ADOPT A RESOLUTION APPROVING THE SUBMITTAL OF
A STATE COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC
DEVELOPMENT GRANT APPLICATION AND AUTHORIZE THE CHAIR
TO SIGN.
PAGE ll JANUARY 23, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 23, 2007
10:25A.M. 5.02 * Adoption of An Ordinance Amending Sections 3-43 and 3-
81 of Chapter 3 (Fees) of the Butte County Code -
approval is requested to make corrections to Chapter 3
including two fees adopted by the Board in November
2006. This proposed ordinance amends Section 3-43 and
3-81 in Chapter 3 (Fees). It reinstates the Appeal Fee
that was inadvertently removed from Section 3-43 in
Ordinance No. 3945, adopted by the Board of Supervisors
on November 21, 2006 and amends Section 3-81 to correct
the fee for Road Renaming and descriptions for
Construction Plan Checking fee for Assessment Districts
and Subdivision and Site Improvements - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 11-21-06 [5.01])
10:30 A.M. 5.03 * Public Hearing - Petition for Immediate Partial
Cancellation of a Williamson Act Agreement -
consideration of a Tentative Immediate Partial
Cancellation of a Williamson Act agreement on a 175
acre parcel located approximately 4 miles north of the
City of Oroville, at the Table Mountain Quarry,
northeast intersection of State Routes 70 and 149. The
parcels are identified as APN 041-140-073 and 074. In
accordance with the California Environmental Quality
Act, an Initial Study has been prepared for this
project and the Planning Division is recommending a
Mitigated Negative Declaration - action requested -
1. ADOPT THE INITIAL STUDY/MITIGATED NEGATIVE
DECLARATION IN COMPLIANCE WITH CALIFORNIA
ENVIRONMENTAL QUALITY ACT;
2. BASED ON THE FINDINGS OF FACT AS DETAILED IN THE
JANUARY 23, 2007 AGENDA REPORT, APPROVE THE
TENTATIVE PARTIAL CANCELLATION OF THE WILLIAMSON
ACT CONTRACT FOR THE ESTATE OF GEORGE CHAFFIN ON
APN 041-140-079, SUBJECT TO ALL CONDITIONS,
CONTINGENCIES AND REQUIREMENTS AS DETAILED IN THE
JANUARY 23, 2007 AGENDA REPORT, AND SUBJECT TO ALL
OTHER APPLICABLE FEDERAL, STATE AND LOCAL
REGULATIONS; AND DIRECT THE CLERK OF THE BOARD TO
RECORD A CERTIFICATE OF TENTATIVE CANCELLATION
PURSUANT TO GOVERNMENT CODE SECTION 51283.4.
PAGE 12 JANUARY 23, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 23, 2007
10:35A.M. 5.04 * Continued Public Hearing - Martin Marietta Materials
(Table Mountain Quarry) Mining Permit and Reclamation
Plan 04-01/Modification of Use Permit 96-02 -
consideration of an appeal of the Planning Commission's
approval of a Mining Permit and Reclamation Plan 04-01
and the modification of Use Permit 96-02 to expand the
permitted mining area of an existing operation to
include approximately 44+ additional acres of olivine
basalt on the top of north Table Mountain. The project
also includes: the reconstruction of approximately
2,800 feet of road along the existing road grade from
the plant site and approximately 1,500 feet of new road
construction; the installation of an elevated conveyor
system to transport rock from the quarry to the
processing facility; the relocation of the processing
facility approximately 700 feet to the northeast; a
time extension of Use Permit 96-02 to the year 2029;
the construction of a 4,000 square-foot shop building;
and the construction of a new rail spur adjacent and
parallel to the existing rail spur. The applicant has
also filed a petition to cancel a 175-acre portion of
460 acres subject to a Land Conservation Act Agreement,
and has submitted a revised Reclamation Plan in
accordance with the Surface Mining and Reclamation Act.
This is a project on which notice of intent to adopt a
negative declaration with mitigation measures regarding
environmental impacts has been given. The Table
Mountain Quarry is located on north Table Mountain at
2216 Table Mountain Boulevard, northeast of the
intersection of State Route 70 and State Route 149,
north of Oroville, and identified as 041-140-014, 028,
032, 034; 041-160-031, 037, 039, 044 and 045; and 041-
210-045 - action requested - ADOPT RESOLUTION INCLUDING
EXHIBIT A DENYING THE APPEAL OF MIN 04-01/UP 96-02 AND
ADOPTING A MITIGATED NEGATIVE DECLARATION, ADOPTING A
MITIGATION MONITORING AND REPORTING PROGRAM, APPROVING
MINING PERMIT AND RECLAMATION PLAN 04-01, AND MODIFYING
USE PERMIT 96-02 TO EXPAND THE PERMITTED MINING AREA TO
INCLUDE APPROXIMATELY 44+ ADDITIONAL ACRES AS DETAILED
IN THE JANUARY 23, 2007 AGENDA REPORT AND AUTHORIZE THE
CHAIR TO SIGN.
PAGE 13 JANUARY 23, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 23, 2007
F) . OO PUBLIC COMMENT
Comments to the Board on issues and items not listed on
the agenda. Presentations will be limited to five
minutes. Please note that pursuant to California state
law, the Board of Supervisors is prohibited from taking
action on any item not listed on the agenda.
7.00 CLOSED SESSION
7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9 (a)
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. COUNTY OF BUTTE V. DLR GROUP INC. OF CALIFORNIA:
BUTTE COUNTY SUPERIOR COURT CASE NO. 137233;
3. PG&E V. STATE BOARD OF EQUALIZATION; FRESNO COUNTY
SUPERIOR COURT CASE NO. 05 CE CG 00003 MWS;
4. PEOPLE V. SANFORD; BUTTE SUPERIOR COURT CASE NO.
CM020832.
7.02 PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING:
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. CHIEF ADMINISTRATIVE OFFICER;
2. COUNTY COUNSEL;
3. PUBLIC HEALTH DIRECTOR.
PAGE 14 JANUARY 23, 2007
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 Admini stration 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. Consent Agenda: these are items thatare 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
Consent Agenda, 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, bylaw, to meet in a closed session in certain circumstances.
This area of the 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