HomeMy WebLinkAboutA041007BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
APRIL 10, 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 CALL TO ORDER
AGENDA -APRIL. 10, 2007
1.01 Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive,
Oroville.
1.02 Pledge of Alleg iance to the Flag of the United States
of America.
1.03 Observation of a Moment of Silence.
2.00 CORRECTIONS AND~OR CHANGES TO THE AGENDA.
3.00 CONSENT AGENDA
BEHAVIORAL
HEALTH 3.01 * Child Welfare Services Outcome Improvement Program
(CWSOIP) Grant Funds - approval is requested to accept
and appropriate $89,294 in CWSOIP funds. With these
funds, the department will provide comprehensive
Alcohol & other Drug (AOD) and Mental Health
assessments to parents referred to Butte County
Children's Services Division - action requested -
APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN
THE AGENDA REPORT.
3.02 * Linda Huffmon - amendment - approval is requested for
an amendment to the agreement with Linda Huffmon for
the provision of consulting services related to program
and procedural planning and grant planning and
preparation. The amendment increases the maximum
amount payable by $23,920 (department budget). All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Contract No. 16091)
PAGE 1 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -APRIL 10, 2007
3.03 * Franco and Rossana Giannecchini Family Trust -
amendments (5) - approval is requested for amendments
to the lease agreements with the Franco and Rossana
Giannecchini Family Trust as follows: 1)The Oroville
Professional Arts Center located at 2854 Olive Highway,
Suites A and E, Oroville. The amendment extends the
term of the lease from July 1, 2000 through
September 30, 2007 with a maximum payable amount of
$69,659.60. This is an increase of $14,887.60. All
other terms and provisions remain the same (department
budget); 2) The Oroville Professional Arts Center
located at 2856 Olive Highway, Suites A, B, and C,
Oroville. The amendment extends the term of the lease
from July 1, 2000 through September 30, 2007 with a
maximum payable amount of $163,496.88. This is an
increase of $22,604.40. All other terms and provisions
remain the same (department budget); 3) The Oroville
Professional Arts Center located at 2858 Olive Highway,
Suites A, B, and C, Oroville. The amendment extends
the term of the lease from July 1, 2000 through
September 30, 2007 with a maximum payable amount of
$198,110. This is an increase of $27,300. All other
terms and provisions remain the same (department
budget); 4) The Oroville Professional Arts Center
located at 2860 Olive Highway, Suites B and C,
Oroville. The amendment extends the term of the lease
from July 1, 2000 through September 30, 2007 with a
maximum payable amount of $65,444.95. This is an
increase of $8,053.50. All other terms and provisions
remain the same (department budget); 5) The Oroville
Professional Arts Center located at 2860 Olive Highway,
Suites D and E, Oroville. The amendment extends the
term of the lease from July 1, 2000 through March 31,
2007 with a maximum payable amount of $81,018 over the
multi-year term of the lease. This is an increase of
$1,610. All locations are utilized by the Youth
Services Division. All other terms and provisions
remain the same (department budget) - APPROVE AGREEMENT
AMENDMENTS (5) AND AUTHORIZE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract Nos. X11827, X11836, X11826, X11825, X11824)
CHIEF
ADMINISTRATIVE
OFFICE 3.04 * Feather River Hospital - approval is requested for a
letter in support of fair compensation for Feather
River Hospital in Paradise. The Hospital is facing
potential decreases in reimbursement rates by United
Healthcare - action requested - APPROVE LETTER OF
SUPPORT AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 2 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 10, 2007
3.05 * Budget Transfer - Local Area Formation Commission
(LAFCo) - approval is requested for a transfer of
$1,858 from the General Fund Appropriations for
Contingencies to LAFCo's budget unit to increase the
appropriation for the County contribution to LAFCo. In
June 2006, certain support service charges to LAFCo
from the County were adjusted, but a corresponding
adjustment to the County contribution was not done at
that time - action requested - APPROVE BUDGET TRANSFER
(4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS
AS DETAILED IN THE AGENDA REPORT.
3.06 * Consent of City Acquistion of Extra-Territorial
Property - approval is requested to give consent to the
City of Chico to acquire extra-territorial property.
In the expansion of the City of Chico' s Water Pollution
Control Plant, the City must acquire an easement from
one property owner. The area in question is outside of
the territorial limits of the City of Chico.
California Government Code 37351 provides for such
extra-territorial acquistions when it is necessary for
municipal services - action requested - APPROVE CITY'S
ACQUISITION OF EXTRA-TERRITORIAL PROPERTY AS DETAILED
IN THE AGENDA REPORT; AND DIRECT THE PUBLIC WORKS
DIRECTOR TO NOTIFY THE CITY OF CONSENT.
3.07 * Tamara Miller, PE - amendment - approval is requested
for an amendment to the agreement with Tamara Miller,
PE for the provision of engineering services related to
the submittal of a loan application to the State Water
Regional Control Board for sewer installation in the
Greater Chico Urban Area. The amendment extends the
term of the agreement through December 31, 2007 and
increases the maximum payable by $10,000. The
additional appropriation will be paid from County
Service Area 114 - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract
No. X15936)
3.08 * Resolution Extending a Non-Exclusive Cable Television
Franchise for the Unincorporated Areas of Butte
County - consideration of a resolution extending the
term of the agreement with Comcast of Southern
California, Inc., an Oregon corporation and Comcast of
Northern California II, Inc., a California corporation.
The time required to conclude negotiations and allow
for public review will extend beyond the initial
expiration date. In order to avoid interruption of
cable service, it is in the public interest to extend
the current franchise through October 31, 2007 - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
PAGE 3 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -APRIL 10, 2007
CHILD SUPPORT
SERVICES 3.09 * Memorandum of Understanding (MOU) between Child Support
Services and Information Systems - approval is
requested for this MOU in order to comply with
requirements relating to the submittal of Child Support
Services Annual Electronic Data Processing (EDP)
Budget. Local Child Support Agencies (LCSA) must
submit a current MOU between the LCSA and the County
Information Systems department as part of the annual
EDP budget request process - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
DISTRICT
ATTORNEY 3.10 * Fixed Asset Purchase - approval is requested for a
lease purchase with the Ford Motor Company for a
vehicle for the Environmental Investigator. The
accounting practices for recording lease/purchases have
changed, requiring the lease be booked into the fixed
asset account for the purchase price. Loan proceeds
will offset the purchase - action requested -
APPROPRIATE UNANTICIPATED REVENUE (4/5 vote required)
AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED
ASSET PURCHASE AND PAYMENT PLAN.
HUMAN
RESOURCES 3.11 * Fixed Asset Purchase - approval is requested for the
purchase of a high quality printer to be used for
creating employee photo ID cards for security reasons.
In September 2006, the machine that the department had
been using began to malfunction and ultimately stopped
working. The new printer will automatically laminate
the cards and prevent images from degrading. The cost
of the printer, including tax, freight, labor, testing,
badge stock, ribbons, lamination materials for up to
2,000 badges is $15,122 (department budget) - action
requested - APPROVE FIXED ASSET PURCHASE OF PRINTER.
PacE 4 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 10, 2007
3.12 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: ADMINISTRATION -
FACILITIES SERVICES - adds one term position of Janitor
to end June 30, 2007. ADMINISTRATION - due to
reorganization, the department is requesting to change
the headings of the following sections: Section
10 - from Administrative-General Services
Administration to General Services-Administration;
Section 12 - from Administrative-Purchasing to General
Services-Purchasing; Section 56 - from Administrative-
Veterans' Service Office to General Services-Veterans'
Service Office; Section 62 - from Administrative-
Facilities Services to General Services-Facilities;
Section 63 -from Administrative-Central Duplicating to
General Services-Central Duplicating; Section
64 - Administrative-Central Stores to General Services-
Central Stores. These changes will be effective on
April 16, 2007. ADMINISTRATION - deletes one
classification of Deputy Director, General Services and
adds one position of Assistant Director, General
Services to be set at salary range 66. This will be
effective April 16, 2007. HUMAN RESOURCES - requests
a change in the salary range of the Labor Relations
Officer from range 64 to range 68 as the department has
determined that the current salary has been a deterrent
to recruiting qualified candidates for the position -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
LIBRARY 3.13 * Library Donations - pursuant to Government Code Section
25355, donations of $100 from Carol E. Gardner,
$1,406.65 from Paradise Friends of the Library, $100
from Maudie Penney, $100 from Peter Panchesson, $560
from Chico Friends of the Library, and $410 from an
anonymous donor, have been received for the Butte
County Trust Fund for the purchase of books - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
3.14 * Budget Transfer - approval is requested for a budget
transfer of $32,000 from General Fund Contingencies.
Due to an ongoing staffing issue, there is a shortfall
of extra help and overtime allocations - action
requested - APPROVE BUDGET TRANSFER (4/5 vote required)
ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE
AGENDA REPORT.
PAGE 5 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 10, 2007
PROBATION 3.15 * Juvenile Justice Crime Prevention Act - consideration
of a resolution authorizing application to the
California Department of Corrections and
Rehabilitation, Corrections Standards Authority, for
the County's per capita funding distribution under the
Schiff-Cardenas Crime Prevention Act of 2000. The
department's distribution for Fiscal Year 2007/2008 is
projected to be $693,751 with no County matching funds
required - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHIEF
PROBATION OFFICER TO SIGN APPLICATION ON BEHALF OF THE
COUNTY.
3.16 * Juvenile Accountability Block Grant - consideration of
a resolution authorizing application to the Corrections
Standards Authority for $12,403 in grant funds. The
grant requires a $1,378 cash match from the County
(proposed department budget). The grant's goal is to
reduce juvenile offending through accountability-based
initiatives that focus on both offenders and the
juvenile justice system - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND
AUTHORIZE THE CHIEF PROBATION OFFICER TO SIGN GRANT
APPLICATION AND GRANT DOCUMENTS ON BEHALF OF THE
COUNTY.
PUBLIC
HEALTH 3.17 * Budget Transfer and Fixed Asset Purchase - approval is
requested for a transfer of a portion of funds that
were originally designated for the remodel of the
Public Health Laboratory. The remodel project was re-
evaluated and will not be completed at this time. The
department requests a transfer of $30,000 as detailed
in the agenda report to cover the purchase of modular
furniture for the reception area of the Public Health
Clinic located in Chico - action requested - APPROVE
BUDGET TRANSFER ACCEPTING AND APPROPRIATING FUNDS AS
DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET
PURCHASE OF MODULAR FURNITURE.
3.18 * Redwood Toxicolgy Laboratory, Inc. - amendment -
approval is requested for an amendment to the agreement
with Redwood Toxicology Laboratory Services, Inc., for
the provision of drug test screening services. The
amendment extends the term of the agreement through
June 30, 2008 and increases the maximum amount payable
by $64,000 (department budget). All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X15491)
PAGE 6 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 10, 2007
3.19 * Private Industry Council - amendment - approval is
requested for an amendment to the sublease agreement
with the Private Industry Council for the property
located at 202 Mira Loma, Oroville. The amendment
increases the funds available for change orders,
modifications and design changes by $140,000
(department budget) for Fiscal Year 2006/2007. 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. X13127)
3.20 * Fixed Asset Purchases - approval is requested for fixed
asset purchases using grant funds that will assist
health care agencies within the County to be prepared
for emergencies. The Public Health department
currently administers the Health Resources and Services
Administration (HRSA) National Bioterrorism Hospital
Preparedness Program grant. The following fixed asset
items will be purchased and transferred upon receipt to
the agency listed: one Surge Capacity Trailer and
sixteen portable hospital beds for Enloe Hospital in
the amount of $15,000; one Surge Capacity Trailer and
eleven portable hospital beds for Oroville Hospital in
the amount of $11,200; one Surge Capacity Trailer and
eleven portable hospital beds for Feather River
Hospital in the amount of $11,200; one Surge Capacity
Trailer and eight portable hospital beds for Feather
River Tribal Health in the amount of $9,500; and one
Surge Capacity Trailer and eight portable hospital beds
for Biggs-Gridley Hospital in the amount of $9,500
(department budget) - action requested - APPROVE FIXED
ASSET PURCHASES; AND APPROVE DONATION OF ITEMS AND
TRANSFER OR OWNERSHIP TO APPROPRIATE AGENCY.
PUBLIC
woxxs 3.21 * Introduction of an Ordinance Establishing Speed Limits
on Certain Roads Within the County of Butte - approval
is requested for an ordinance which will establish a
speed limit of 35 miles per hour on West Sacramento
Avenue from 0.2 miles west of Glenwood Avenue to the
Chico City Limits - action requested - WAIVE READING OF
THE ORDINANCE.
PAGE 7 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -APRIL 10, 2007
3.22 * Award for Bid of Construction of Ophir Road and Lincoln
Blvd Signalization, County Project No. 21461-98-2 -
approval is requested to award the contract for County
Project No. 21461-98-2 to the lowest responsive bidder,
Granite Construction Company. The project includes
construction of an eight-phase traffic actuated signal
system, roadway widening, extension of a concrete box
culvert and corrugated steel pipe structures,
construction of turn pockets, and an overlay and
striping of the roadway. The project Bids were opened
on March 28, 2007 with two bids received. The bid in
the amount of $1,108,854 from Granite Construction
Company was determined to be the lowest responsive and
responsible bid - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN.
SHERIFF-
CORONER 3.23 * Resolution Recognizing Butte County Sherrif's Office
Volunteers - consideration of a resolution that
recognizes the numerous volunteer organizations and
hundreds of volunteers that assist the Sheriff's
department and the community of Butte County. April is
National Volunteer Appreciation Month - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.24 * Budget Transfer and Fixed Asset Purchase - approval is
requested for a transfer of Off-Highway Vehicle (OHV)
Funds to the revenue account in the Special Enforcement
Unit as the department was informed that the OHV Trust
Fund needed to be liquidated as recommended by an
external audit of the Auditor's office. Approval is
also requested for the purchase of two sport utility
vehicles to allow better accessibility to mountainous
areas. Any remaining balance will be used to purchase
an all-terrain vehicle(s) and/or snow machine(s) -
action requested - APPROVE BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED
IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASES
OF TWO SPORT UTILITY VEHICLES AND 2-3 OFF HIGHWAY
MACHINES.
WATER AND
RESOURCE
CONSERVATION 3.25 * Budget Transfer - approval is requested for a transfer
of $2,000 from Appropriations for Contingencies to
Water and Resource Conservation for the Resource
Conservation District (RCD) RCD is requesting the
transfer to meet general expenses - action requested -
APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING
AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA
REPORT .
PAGE 8 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -APRIL 10, 2007
3.26 * Resolution to Approve the 2007 Basin Management
Objectives Developed by the Butte County Water Advisory
Committee for the Sub-inventory Areas of Butte County
in Accordance with Butte County Code Chapter 33A -
consideration of a resolution approving Basin
Management Objectives (BMOs) for each of the 16 sub-
inventory areas which define acceptable groundwater
levels, groundwater quality and land subsidence -
action requested - ADOPT RESOLUTION 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 * Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
1. Resolution Opposing Senate Bill (SB) 893 - SB 893
proposes to shift Proposition 10 tobacco tax
revenues from County Children and Families
Commissions to the State to fund children's
health care coverage. This shift would result in
the elimination of a comprehensive range of
services including home visiting, early
intervention programs, oral health care,
nutrition efforts, and school readiness programs
funded by our local First 5 Commission - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
2. Ratify Letter - Councilwoman Hoffman of the Town
of Paradise requests Board ratification of letter
dated March 20, 2007 to the Town Council of
Paradise regarding the Skyway - action
requested - RATIFY LETTER.
4.03 Update of General Plan 2030 Process by Director-
Development Services.
PAGE 9 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 10, 2007
PRESENTATION
AND DISCUSSION
ITEMS 4.04 * Adult Protective Services (APS) - presentation by the
Director of the Department of Employment and Social
Services including funding challenges for APS - action
requested - ACCEPT FOR INFORMATION; AND AUTHORIZE CHAIR
TO SIGN LETTER OF SUPPORT FOR STATEWIDE FUNDING FOR APS
PROGRAMS. (Department of Employment and Social
Services)
4.05 * Recommendation Regarding Consulting Services for
Proposal for Ambulance Services - In October 2006, the
Public Health Department sent out a request for
qualifications to consultants for the provision of
ambulance services. The department received 4
responses to the request in December 2006, and a
selection committee was established. Following the
committee's initial review, 2 firms were selected for
follow-up interviews which were conducted on
February 28, 2007. The committee unanimously agreed
that consultant, Diane Akers best meets the County's
needs - action requested - ACCEPT THE RECOMMENDATION OF
THE REVIEW COMMITTEE; DIRECT THE PUBLIC HEALTH
DIRECTOR, OR HER DESIGNEE, TO NEGOTIATE AGREEMENT WITH
DIANE AKERS IN THE AMOUNT NOT TO EXCEED $198,589
SUBJECT TO FINAL APPROVAL BY THE BOARD. (Public
Health)
4.06 * Training for County Employees - report by the
Director of Human Resources. In its response to the
2005/2006 Final Grand Jury Report, the Board of
Supervisors directed the Chief Administrative Officer
and Director of Human Resources to prepare a plan and
resource request to institute a mandatory supervision
and management program for all departments - action
requested - ACCEPT FOR INFORMATION AND PROVIDE STAFF
DIRECTION. (Human Resources)
PAGE to APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 10, 2007
4.07 * Bureau of Land Management (BLM) Proposal to Relinquish
or Abandon Two Bridges on Ponderosa Way - Butte County
received a letter from BLM asking the County if Old
Ponderosa Way and 2 associated bridges over Butte Creek
and the Middle Fork of the Feather River are still
needed. If they are needed, BLM inquired what the
County's plans are for providing long term
maintenance - action requested - DIRECT PUBLIC WORKS TO
COORDINATE A MEETING WITH CONGRESSMAN HERGER'S OFFICE
AND BLM TO CONSIDER EITHER OF THE FOLLOWING:
1. RESPONSE TO BLM THAT THE ROADS AND BRIDGES ARE
NEEDED FOR PUBLIC ACCESS AND CIRCULATION AND THAT
BLM, AS THE GOVERNMENT ENTITY RESPONSIBLE FOR THE
CONSTRUCTION OF THESE PUBLIC IMPROVEMENTS, NEEDS
TO PROVIDE THE NECESSARY MAINTENANCE.
OR
2. RESPONSE TO BLM THAT THE ROADS AND BRIDGES ARE
NEEDED FOR PUBLIC ACCESS AND CIRCULATION AND THAT
THE COUNTY WILL CONSIDER ACCEPTING THEM INTO THE
COUNTY MAINTAINED ROAD SYSTEM IF BLM COMPLIES
WITH COUNTY POLICY AS ESTABLISHED BY REGULATION
65-70 WHICH INCLUDES: A) ROADS, BRIDGES,
DRAINAGE FACILITIES TO BE BROUGHT TO COUNTY
IMPROVEMENT STANDARDS; B) OWNER (BLM) TO CONVEY
THE COUNTY BY DEED, THE NECESSARY RIGHT OF WAY
AND EASEMENT.
PUBLIC WORKS WILL RETURN TO THE BOARD WITH A FULL
REPORT AND ANY RECOMMENDED ACTIONS AT THE
CONCLUSION OF THE MEETINGS. (Public Works)
PAGE ll APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -APRIL 10, 2007
4.08 * Sale or Lease of Almond Avenue Gravel Pit - The Almond
Avenue Mine is an underutilized asset. A subcommittee
was formed to explore better uses of the site, and the
subcommittee recommends that the County lease the site
and sell the rock on site to an operator. In
accordance with Government Code Section 25500, the
department recommends the following minimum
requirements for lease or sale: $1,000 minimum monthly
lease payment; minimum royalty of $.40 per ton on rock
removal from the site; adjustment to royalty annually;
10 year initial lease term with additional 5 year term
subject to Board approval; site to be maintained by
operator; operator responsibility to secure required
permits and compliance with current reclamation plan.
In order to allow time to analyze bids received, it is
recommended that the Board issue an order pursuant to
Government Code Section 25539 that will allow award of
sale at the second Board meeting after the meeting in
which the bids are received - action requested - DIRECT
PUBLIC WORKS TO RETURN TO THE BOARD WITH A RESOLUTION
OF INTENT TO LEASE THE SITE; DIRECT PUBLIC WORKS TO
DEVELOP A LEASE AGREEMENT IN COMPLIANCE WITH THE NOTICE
OF INTENT; AND ISSUE A MINUTE ORDER APPROVING ALTERNATE
SALES PROCEDURE PURSUANT TO GOVERNMENT CODE SECTION
25539. (Public Works)
4.09 Items Removed from the Consent Agenda for Board
Consideration and Action.
PAGE 12
APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 10, 2007
rJ . OO PUBLIC HEARINGS AND TIMED ITEMS
10:00 A.M. 5.01 * Public Hearing - Morris Ravine Quarry Mining Permit,
Mineral Resources, LLC, MIN 05-01/Use Permit 93-36 -
consideration of an appeal by the applicant of
Condition 12 of the Mining Permit approved by the
Planning Commission. Condition 12 limits all mining
operations on Saturdays and Sundays. The applicant
requests that the Board allow operations 24 hours per
day, 7 days per week - action requested - STAFF
RECOMMENDS APPROVAL OF #1 OF THE FOLLOWING ACTIONS:
1. APPROVE THE APPEAL OF CONDITION 12; REAPPLY
MITIGATION #9 FROM THE MITIGATED NEGATIVE
DECLARATION; AND ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN.
OR
2. DENY THE APPEAL OF CONDITION 12; AND CONSIDER
STAFF RECOMMENDATION TO DENY THE APPEAL BUT
APPROVE THE JANUARY 25, 2007 PLANNING COMMISSION
ACTION THAT RESTRICTED WEEKEND OPERATIONS.
(Development Services)
10:30 A.M. 5.02 * Public Hearing - Appeal of Planning Commission's
approval of Use Permit (UP) 06-07 to allow a private
kennel for up to twelve Australian Shepard dogs owned
by Allan and Lisa Renville - consideration of an appeal
by a neighbor citing multiple concerns, including the
proximity of kennel to property line and noise issues.
The project site has an existing kennel structure and
outdoor dog run and is on a 7.01 acre parcel on the
private, unpaved Lake Hills Road in a rural residential
area of Butte Valley. The APN is 041-120-130 - action
requested - DEPARTMENT REQUESTS TO CONTINUE THIS ITEM
TO JUNE 26, 2007 AT 10:30 IN ORDER TO PREPARE AN
INITIAL STUDY. [FROM 2-13-07 item 5.02] (Development
Services)
PAGE 13 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 10, 2007
10:40 A.M. 5.03 * Public Hearing - Enloe Hospital - Tax Equity and Fiscal
Responsibility Act of 1982 - consideration of a
resolution approving issuance of $150 million in bonds
for Enloe Hospital's expansion project. The bonds will
be issued by California Statewide Communities
Development Authority (CSCDA) on behalf of Enloe
Hospital. Butte County is a member of CSCDA, having
adopted a "joining resolution" and has used CSCDA to
finance a number of projects. Section 147 (f) of the
Internal Revenue Code of 1986 requires that any
proposed financing be approved by a governmental unit
having jurisdiction over the area in which the facility
to be financed is located. The bonds are issued as
limited obligations of CSCDA, not the County, and are
payable solely out of the revenues and receipts derived
from the loan made by CSCDA to Enloe with the proceeds
of the bonds. The bonds proposed to be issued for the
financing will be indebtedness of CSCDA, and the County
will not be asked to approve or execute any of the
documents relating to the financing - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (Chief Administrative Office)
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.
PAGE 14 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 10, 2007
7.00 CLOSED SESSION
7.01 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956. 9 (a)
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100)
2. FIRST RESPONDER V. NORCAL EMS, COUNTY OF BUTTE;
BUTTE COUNTY SUPERIOR COURT 137303;
7.02 CONFERENCES WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOV. CODE SEC. 54956.8:
PROPERTY:
AGENCY NEGOTIATOR:
NEGOTIATING PARTY:
NEGOTIATIONS:
PROPERTY:
AGENCY NEGOTIATOR:
NEGOTIATING PARTY:
NEGOTIATIONS:
A.P. NO. 012-041-004
BRUCE ALPERT
LESA FRANCO
PRICE AND TERMS OF PAYMENT
A.P. NO. 017-190-040
MIKE CRUMP, DIRECTOR, PUBLIC WORKS
REPRESENTATIVE, JOHN F. GUERRERO
TRUST
PRICE AND TERMS OF PAYMENT
7.03 PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING:
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. CHIEF ADMINISTRATIVE OFFICER;
2. COUNTY COUNSEL;
PAGE 15 APRIL 10, 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 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
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 10, 2007
PAGE 17 APRIL 10, 2007