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HomeMy WebLinkAboutA042500BOARD OF SUPERVISORS AGENDA R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District FRED C. DAVIS, 5th District April 25, 2000 Time Item No. 9:00 A.m. 1.00 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. 2.00 Pledge of Allegiance to the Flag of the United States of America. 2.01 Invocation - David Wallace, Minister, Church of Christ, Paradise. 3.00 Consent A ecr nda Budget 3.01 * Budget Transfers - action requested - APPROVE BUDGET Transfers TRANSFERS B-297 (BUILDINGS AND GROUNDS); B-293 (DEVELOPMENT SERVICES); B-298 (BEHAVIORAL HEALTH) AND B-299 (PLANNING/APPROPRIATIONS FOR CONTINGENCIES). (All budget transfer listed above, with the exception of B-298, require a 4/5 vote.) Donations 3.02 County Library Donations - in accordance with Government Code Section 25355, donations of $1,845 from Chico Friends of the Library, $1,500 from Paradise Friends of the Library, $973 from Oroville Friends of the Library, $195 in anonymous donations, and $100 from Pamela Tompkins of Paradise, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. Appoint- 3.03 * Gridley-Biggs Cemetery District - action requested - ments REAPPOINT LARENCE D. HAMMAN, TRUSTEE, TO A TERM TO END MAY 1, 2004. Land Use 3.04 * Williamson Act Revisions - Board approval is requested by the Development Services Department for a resolution which would revise the County's Williamson Act procedures and rules pursuant to the recommendations of the Land Conservation Act Committee - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Time Item No. Fixed 3.05 * Surplus Property - Radio Consoles - the Sheriff's Assets and Office has transferred four Motorola radio dispatch Facilities consoles (fixed asset nos. 21383, 21384, 21385, and 21386) to surplus property. The consoles are no longer utilized by the department - action requested - DECLARE ITEMS SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE DISPOSAL IN ACCORDANCE WITH COUNTY POLICY. 3.06 * Award of Bid 92-00 - Fire Engine - bids have been received for the purchase of a Fire Engine for the Fire Department with the low bidder being Hi Tech Emergency Vehicle Services in the amount of $275,380.25. The bid exceeds the $250,000 budget allocation contained in the fiscal year 1999-2000 final budget, and Board approval is requested by the Fire Department for a budget transfer of department funds in the amount of $26,000 to completed the purchase - action requested - APPROVE BUDGET TRANSFER B-295; AND AWARD BID. 3.07 * Sale of Aircraft - Board approval is requested by the General Services Director to set a minimum sales price of $120,000 (cash) for a Cessna T210M previously declared surplus, and to authorize the sale of the aircraft by sealed bid - action requested - SET MINIMUM SALES PRICE OF $120,000 AND AUTHORIZE SALE BY SEALED BID. 3.08 * Relief of Accountability - Board approval is requested by the Public works Department for relief of accountability for a bus shelter (fixed asset no. 25928) which was damaged beyond repair as a result of a hit and run accident. The District Attorney and Auditor-Controller have reviewed the request - action requested - GRANT RELIEF OF ACCOUNTABILITY. Audit and 3.09 * Tax and Revenue Anticipation Notes (TRAN) - Fiscal Finance Year 2000-2001 - the Treasurer-Tax Collector is requesting Board approval to participate in the fiscal year 2000-2001 California Cash Flow Financing Program issuance of Tax and Revenue Anticipation Notes. The maximum feasible amount is to be determined by the Treasurer-Tax Collector and the Auditor-Controller, but will not exceed $20,000,000 - action requested - ADOPT RESOLUTION AUTHORIZING AND APPROVING THE BORROWING OF FUNDS FOR FISCAL YEAR 2000-2001 AND THE ISSUANCE AND SALE OF A 2000-2001 TAX AND REVENUE ANTICIPATION NOTE; AND APPROVING PARTICIPATION IN THE CALIFORNIA COMMUNITIES CASH FLOW FINANCING PROGRAM AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE TREASURER-TAX COLLECTOR TO SIGN DOCUMENTS NECESSARY TO COMPLETE A SUCCESSFUL TRAN ISSUANCE. Page 2 April 25, 2000 Time Item No. 3.10 * Introduction of an Ordinance Delegating Investment Authority to the Treasurer-Tax Collector - Board approval is requested by the Treasurer-Tax Collector for an annual ordinance amending Butte County Code Section 2-166, delegating investment authority to the Butte County Treasurer-Tax Collector for the fiscal year 2000-2001 pursuant to Government Code Section 53607 - action requested - WAIVE READING OF THE ORDINANCE. 3.11 * Cash Report - the Auditor-Controller submits a report of cash accounts (shortages/overages) for the period of July 1, 1999, through December 31, 1999, in accordance with Resolution 79-125 and Government Code Section 29380.1 - action requested - ACCEPT FOR INFORMATION. 3.12 * Monthly Investment Report - the Treasurer-Tax Collector submits the March 31, 2000, report in accordance with the Butte County Statement of Investment Policy dated July 1, 1999 - action requested - ACCEPT FOR INFORMATION. 3.13 * State Department of Food and Agriculture - Board approval is requested by the Agricultural Commissioner to accept and appropriate unanticipated State Department of Food and Agriculture funds in the amount of $224,086.81. The funds are the result of a revised funding formula for unclaimed gas tax allocations. The Agricultural Commissioner is requesting that $124,050 of the unanticipated funds be appropriated to the Agriculture Department, with the remainder of the funds to be appropriated to the General Fund. The Agricultural Commissioner is also requesting Board approval to utilize the new funds to purchase one time fixed assets as detailed in the agenda report. These items include replacements for old desks, computers, windows, and bay doors for the Oroville garage - action requested - APPROVE BUDGET TRANSFER B-294 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE PURCHASE OF FIXED ASSET ITEMS. Ordinances 3.14 Adoption of a Salary Ordinance Amendment - the and District Attorney-Family Support Division has Resolution requested the Personnel Department prepare a salary ordinance amendment which adds one position of Administration Analyst III, one position of Administrative Analyst II/I, and one position of Auditor-Accountant I. Funding for these positions is available utilizing funds received from the AB 1111-Child Support Program - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-11-00 [3.17] ) Page 3 April 25, 2000 Time Item No. 3.15 Adoption of an Ordinance Amending Chapter 31B of the Butte County Code - Board approval is requested by the Public works Department for an ordinance which amends Chapter 31B of the Butte County Code entitled, "Solid waste Collection in the Chico Urban Area", to delete the authority given to the City of Chico pursuant to the termination of the Joint Powers Agreement with the City of Chico which will become effective July 1, 2000 - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-11-00 [3.18] ) 3.16 * Introduction of a Salary Ordinance Amendment - the Probation Department has requested the Personnel Department prepare a salary ordinance amendment which adds one position of Administrative Analyst III/II/I. Funding for this position is available in the department's current year budget. Future funding for this position will be provided by Title IV-E funds and Temporary Assistance for Needy Families incentive funds - action requested - WAIVE READING OF THE ORDINANCE. 3.17 * Resolution Honoring the Knights of Columbus - Supervisor Houx has submitted a resolution honoring the Knights of Columbus Fourth Degree in celebration of 100 years of dedication to the principle of patriotism - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.18 * Resolution Delegating Authority to Risk Manager to Reject Tort Claims - Board approval is requested by the Risk Manager and County Counsel for a resolution which would delegate authority to the Risk Manager to reject or return tort claims after consultation with County Counsel - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.19 * Resolution Authorizing County Representatives to Acquire Federal Surplus Property - Board approval is requested by the General Services Director for a resolution which will authorize designated County employees in various departments to acquire federal surplus property from the California State Agency for Surplus Property - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Page 4 April 25, 2000 Time Item No. Roads 3.20 * Award of Bid for Reconstruction of River Road Bridge Across Big Chico Creek; Federal Project No. BRLO- 5912(027); County Project No. 41123-90-1 - the project will consist of the construction of a 204'6" three span cast-in-place prestressed box girder type highway bridge - action requested - AWARD CONTRACT TO LOW BIDDER, BENCO CONTRACTING & ENGINEERING, INC., OF ELK GROVE, AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.21 * Resolution Requesting Alternative Construction Progress Payment Procedure for Reconstruction of Neal Road From 3.0 Miles to 4.7 Miles East of State Route 99 - Board approval is requested by the Public works Department for a resolution which would allow advance State Transportation Improvement Program funding for the reconstruction of Neal Road project . This procedure will allow the department to invoice for project expenditures in an estimated amount 30 days in advance - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.22 * Resolution Requesting Alternative Construction Progress Payment Procedure for Roadway Rehabilitation on Skyway from Ponderosa way to Nimshew Road - Board approval is requested by the Public works Department for a resolution which would allow advance State Transportation Improvement Program funding for the roadway rehabilitation project on Skyway from Ponderosa way to Nimshew Road. This procedure will allow the department to invoice for project expenditures in an estimated amount 30 days in advance - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Agreements 3.23 * State Department of Food and Agriculture - Board and approval is requested by the Agricultural Grants Commissioner for a revenue agreement with the State Department of Food and Agriculture for the provision of high risk pest exclusion work plans. The State will reimburse the County based on monthly invoices submitted by the County. The term of the agreement is July 1, 1999, through June 30, 2000, with a maximum amount payable to the County of $37,299.95 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40201) Page 5 April 25, 2000 Time Item No. 3.24 * Private Industry Council (PIC) - Board approval is requested by the Administrative Office for an agreement with the Private Industry Council for the provision of management services for the Southside Oroville Community Center. The term of the agreement is 72 months, with a provision for automatic year-to-year renewals unless terminated by the parties. PIC will provide the management services without compensation - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11597) 3.25 * Tri-County Economic Development Corporation - Amendment - Board approval is requested by the Administrative Office for an amendment to the agreement with Tri-County Economic Development Corporation to serve as project manager for the construction of the Southside Oroville Community Center. The amendment extends the term to September 30, 2001, or until all grant conditions have been fulfilled. Board approval is also requested for a budget transfer to accept and appropriate additional program income to cover the cost of the extension - action requested - APPROVE BUDGET TRANSFER B-296 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED PROGRAM INCOME; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10864) 3.26 * Speedware/Visionyze.com - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Speedware/Visionyze.com for the provision of Substance Abuse and Mental Health (SAMH) software and support. The term of the agreement is May 1, 2000, through June 31, 2001, with a maximum amount payable of $86,465 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11599) 3.27 * Glenn County Health Services - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for a revenue agreement with Glenn County Health Services for the provision of acute psychiatric inpatient care services to residents of Glenn County referred to the BCDBH Psychiatric Health Facility. The term of the agreement is July 1, 1999, through June 30, 2000, with a maximum amount payable to the County of $80,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40212) Page 6 April 25, 2000 Time Item No. 3.28 * T.W. DuFour and Associates - Lease Agreement - 500 Cohasset Road, Suite 25, Chico - Board approval is requested by the Butte County Department of Behavioral Health for a lease agreement with T.W. DuFour and Associates for the property located at 500 Cohasset Road, Suite 25, Chico. The site will be utilized by the Youth Services Division- Systems of Care and Evaluations staff. The term of the agreement is May 1, 2000, through April 30, 2010, with a maximum amount payable of $206,675.98 (department budget) for the multi-year term. The maximum amount payable for fiscal year 1999-2000 will not exceed $35,043. The lease also provides for infill costs to the department in an amount not to exceed $35,043 (department budget), with T.W. DuFour providing free rent for a 5 month period as its contribution towards infill costs - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.29 * T.W. DuFour and Associates - Lease Agreement - 500 Cohasset Road, Suite 27, Chico - Board approval is requested by the Butte County Department of Behavioral Health for a lease agreement with T.W. DuFour and Associates for the property located at 500 Cohasset Road, Suite 27, Chico. The site will be utilized by the Youth Services Division- Homeless Emergency Runaway Effort program. The term of the agreement is May 1, 2000, through April 30, 2010, with a maximum amount payable of $215,913.86 (department budget) for the multi-year term. The maximum amount payable for fiscal year 1999-2000 will not exceed $42,199.83. The lease also provides for infill costs to the department in an amount not to exceed $42,199.83 (department budget), with T.W. DuFour providing free rent for a 5 month period as its contribution towards infill costs - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 7 April 25, 2000 Time Item No. 3.30 * T.W. DuFour and Associates - Lease Agreement - 500 Cohasset Road, Suite 28, Chico - Amendment A - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the lease agreement with T.w. DuFour and Associates for the property located at 500 Cohasset Road, Suite 28, Chico. The site is utilized by the Youth Services Division-Psychological Testing staff. The amendment includes the addition of infill costs in the amount of $342.70, (department budget) and decreases the overall lease amount by $4,962.05. The term remains December 15, 1999, through December 31, 2009, with a reduced maximum amount payable of $100,949 (department budget) for the multi-year term - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.31 * T.W. DuFour and Associates - Lease Agreement - 107 Parmac Road, Suite 1, Chico - Board approval is requested by the Butte County Department of Behavioral Health for a lease agreement with T.W. DuFour and Associates for the property located at 107 Parmac Road, Suite 1, Chico. The site will be utilized by the Adult Services Division- Rehabilitation Of Our Friends program. The term of the agreement is May 1, 2000, through April 30, 2010, with a maximum amount payable of $644,280.44 (department budget) for the multi-year term. The maximum amount payable for fiscal year 1999-2000 will not exceed $29,975. The lease also provides for infill costs to the department in an amount not to exceed $29,935 (department budget), with T.W. DuFour providing the contractor and free rent for 1 month as its contribution towards infill costs - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 8 April 25, 2000 Time Item No. 3.32 * T.W. DuFour and Associates - Lease Agreement - 107 Parmac Road, Suites 2 and 3, Chico - Amendment A - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the lease agreement with T.w. DuFour and Associates for the property located at 107 Parmac Road, Suites 2 and 3, Chico. The site is utilized by the Adult Services Division-Outpatient program. The amendment provides for additional infill costs in the amount of $9,999.49, (department budget) and increases the overall lease amount by $1,919.98. The term of the agreement remains December 15, 1999, through December 31, 2009, with an adjusted maximum amount payable of $509,332.07 (department budget) for the multi-year term. T.W. DuFour is providing free rent for a 5 month period as its contribution towards infill costs - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X11471) 3.33 * Butte County Probation - Memorandum of Understanding - Board approval is requested by the Superior Court of California, County of Butte, for a Memorandum of Understanding with the Probation Department for services in support of the Juvenile Drug Court Program. The term of the agreement is June 4, 1999, through November 30, 2000, with a maximum amount payable of $105,093 for fiscal year 1999-2000, and $98,793 for fiscal year 2000-2001 (department budget) - action requested - APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X 11573) 3.34 * Butte County Probation - Memorandum of Understanding - Board approval is requested by the Superior Court of California, County of Butte, for a Memorandum of Understanding with the Probation Department for services in support of the Drug Court Program. The term of the agreement is May 1, 1999, through May 30, 2000, with a maximum amount payable of $56,014 for fiscal year 1999-2000, and $54,014 for fiscal year 2000-2001 (department budget) - action requested - APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11572) Page 9 April 25, 2000 Time Item No. 3.35 * Butte County Department of Behavioral Health - Memorandum of Understanding - Amendment - Board approval is requested by the welfare Department for an amendment to the Memorandum of Understanding with the Butte County Department of Behavioral Health for the provision of substance abuse and mental health treatment services to CalWORKs participants. The amendment decreases the amount payable for fiscal year 2000-2001 to $1,053,194, revises Exhibit B payments to reflect the hourly rate of reimbursement, and modifies the review process - action requested - APPROVE AMENDMENT TO MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10903) Miscel 3.36 Board Calendar Modification - pursuant to the laneous Board's direction of April 11, 2000, consideration of a Board calendar modification for May 2000, changing the Board meeting dates from May 9, and May 23, to May 16, and May 30 - action requested - APPROVE MODIFICATION TO BOARD CALENDAR FOR MAY 2000, CHANGING THE MEETING DATES FROM MAY 9, AND MAY 23, TO MAY 16, AND MAY 30. 3.37 * Safe Route to School Program - consideration of two applications to Caltrans for funding, up to a maximum of $500,000 per project, for two Safe Route to School Program projects - action requested - APPROVE TWO APPLICATIONS FOR THE SAFE ROUTE TO SCHOOL PROGRAM AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN. 3.38 * Claim for Refund of Real Property Taxes - the University of California, Davis, submits a claim for refund of real property taxes on the following properties and fiscal years: 251 Cohasset Road, Chico (1997-1998); 1166 The Esplanade, Suite 2, Chico (1998-1999); 1430 The Esplanade, Suite 5, Chico (1997-1998, 1998-1999, 1999-2000); 1601 The Esplanade, Suite 7, Chico (1997-1998); 1601 The Esplanade, Suite 1, Chico (1997-1998, 1998-1999); 107 Parmac, Suite 3, Chico (1997-1998, 1998-1999, 1999-2000); 254 Cohasset Road, Chico (1997-1998, 1998-1999, 1999-2000); and 280 Cohasset Road, Chico (1997-1998, 1998-1999, 1999-2000) - action requested - REFER TO COUNTY ASSESSOR AND COUNTY COUNSEL FOR REVIEW AND RECOMMENDATION TO THE BOARD. 3.39 * 1999 Adult and Children's Services Annual Report - the Director of Social welfare submits the annual report - action requested - ACCEPT FOR INFORMATION. Page 10 April 25, 2000 Time Item No. 4.00 Regular Agenda 4.01 Appointments - Commissions and Committees * 1. Appointments to committee vacancies 2. National Association of Counties and California State Association of Counties - consideration of Board alternate. (SUPERVISOR DAVIS) 4.02 Update on legislative and budget activities. (CHIEF ADMINISTRATIVE OFFICER) 4.03 Behavioral Health Outreach Program - Report to the Board - action requested - ACCEPT FOR INFORMATION. (SUPERVISOR BEELER) Page 11 April 25, 2000 Time Item No. 4.04 * A Matter on which a Public Hearing Has Been Held and a Motion of Intent Adopted - Donald M. Senick - Waiver of Parcel Map and Proposed Negative Declaration - an appeal of the Development Review Committee's denial of a waiver of Parcel Map to create thirteen 40 acre parcels and one 60 acre parcel from a 580+ acre parcel, on property zoned A-40 (Agricultural - 40 acre parcels) and located north of, and adjacent to, Munjar Road, approximately one mile east of Meridian Road, north of Chico, and identified as APN 047-200-017 and a portion of APN 047-200-076 - action requested: 1. SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE REVISED AGENDA REPORT DATED APRIL 11, 2000, ADOPT A MITIGATED NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; 2. FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEES; 3. WAIVE THE REQUIREMENT FOR A PARCEL MAP AS REQUIRED UNDER SECTION 20-94 OF THE BUTTE COUNTY SUBDIVISION ORDINANCE; AND 4. SUBJECT TO FINDINGS IV (A-D) AS DETAILED IN THE REVISED STAFF REPORT DATED APRIL 11, 2000, AND THE CONDITIONS OF APPROVAL AS LISTED IN EXHIBIT "A" OF THE REVISED STAFF REPORT DATED APRIL 11, 2000, APPROVE WAIVER 00-02 FOR DONALD M. SENICK. (FROM 3-14-00 [5.02]) 4.05 * Integrated Storage Investigation Program - consideration of a recommendation by the Butte County water Commission to approve Statement of Principles for the Integrated Storage Investigation Program with the Department of water Resources - action requested - APPROVE STATEMENT OF PRINCIPLES AND A LETTER OF INTENT TO PARTICIPATE IN THE INTEGRATED STORAGE INVESTIGATION PROGRAM AND AUTHORIZE THE CHAIR TO SIGN. (DEPARTMENT OF WATER AND RESOURCE CONSERVATION) Page 12 April 25, 2000 Time Item No. 4.06 Items removed from the Consent Agenda for Board consideration and action. 5.00 Public Hearincrs and Timed Items 10:30 A.m. 5.01 * Continued Public Hearing - Use Permit Appeal - Ruddy Creek Partnership - consideration of an appeal of the Planning Commission's denial of a Use Permit for a 156 unit mobile home park (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) on property zoned A-R (Agricultural- Residential) and located on the southeast corner of 18th Street and Feather Avenue, Thermalito. The property is identified as APN 030-360-082 and 083. A design of 125 units has also been considered (File #UP98-27 [DD]) - action requested - AT THE REQUEST OF THE APPLICANT, CONTINUE HEARING TO MAY 23, 2000, 10:30 A.M. (FROM 3-14-00 [5.01]) 11:00 A.m. 5.02 * Public Hearing - Underground Utility District - East Avenue No. 14 - consideration of the formation of an Underground Utility District on East Avenue between Cohasset Road and Manzanita Avenue in Chico. The County and the City of Chico are proposing to jointly form the district - action requested - ADOPT A RESOLUTION ESTABLISHING AN UNDERGROUND UTILITY DISTRICT AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-28-00 [3.04] ) Page 13 April 25, 2000 Time Item No. 11:15 A.m. 5.03 Continued Public Hearing - Use Permit - Robyn Kissler - consideration of an appeal of the Planning Commission's approval of a Use Permit (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) as an amendment to Use Permit 96-15, to modify the existing emergency dog shelter for 49 dogs to a private kennel for 30 show dogs, on property zoned A-R (Agricultural-Residential). The property is located on Brown Boulevard in Oroville, and identified as APN 028-062-016 (CBS [File #UP 00- 31]) - action requested - STAFF RECOMMENDS THE FOLLOWING ACTIONS: 1. SUBJECT TO THE REVISED FINDINGS AS DETAILED IN THE STAFF REPORT DATED APRIL 25, 2000, ADOPT A MITIGATED NEGATIVE DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; 2. FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF DEPARTMENT OF FISH AND GAME ENVIRONMENTAL FILING FEES; AND 3. SUBJECT TO FINDINGS III (A 1-5) AS DETAILED IN THE STAFF REPORT DATED MARCH 28, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED MARCH 28, 2000, DENY THE APPEAL AND APPROVE USE PERMIT 00-03 MODIFYING USE PERMIT 96-15 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-28-00 [5.02] ) Page 14 April 25, 2000 Time Item No. 11:45 A.m. 5.04 * Public Hearing - State of California, Department of Housing and Community Development, Community Development Block Grant Program - review and discussion of the final report which discloses the accomplishments of a fiscal year 1998 planning and technical assistance grant (98-EDBG-587) for the preparation of a multi-county planning study to assist emerging and expanding rural businesses. The project entitled, "Butte County Capital Needs Assessment" has been completed - action requested - ACCEPT FINAL REPORT; AUTHORIZE STAFF TO PREPARE DOCUMENTATION NECESSARY TO CLOSE OUT THE GRANT; AND AUTHORIZE THE FINAL REPORT TO BE PRESENTED TO THE BUTTE COUNTY JOB CREATION TEAM FOR CONSIDERATION AND DIRECTION. 1:15 P.m. 5.05 * Continued Public Hearing - Proposed Amendment to the Non-exclusive Franchise for Cable Televison Services - consideration of the approval of a proposed amendment to the non-exclusive franchise for cable television services in the unincorporated areas of Chico/Durham. The franchise has been granted by the County to Chambers Cable of Southern California, Inc., and is proposed to be transferred to AT&T Corp. The proposed amendment would change the definition of gross subscriber revenue - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-11-00 [5.04]) 6.00 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.) 7.00 Closed Session 7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): 1. Miller v. County of Butte Page 15 April 25, 2000 Time Item No. 7.02 7.03 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) one potential case. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. Chief Administrative Officer 7.04 7.05 PUBLIC EMPLOYEE APPOINTMENT/EMPLOYMENT/EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957: Director- Behavioral Health. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency Negotiator: Donald Turko Employee Organizations: Butte County Employees Association (General Unit); Butte County Management Employees Association (Management, Confidential, and Supervisory Unit); Communication workers of America (Social workers Unit); and Deputy Sheriffs Association (General and Management Units). 8.00 Communications 8.01 Communications received and referred. (A LISTING AND COPIES OF ADDITIONAL COMMUNICATIONS RECEIVED BY THE BOARD ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) * 1. Howard Hamman, Chair, Butte County Fish and Game Commission, writes to the Board of Supervisors to request the Board initiate a request to the Reclamation Board asking the Reclamation Board to respond in good faith to revise or eliminate the inconsistent conditions contained in the permits issued by the Reclamation Board to preclude restoration of a proposed mitigation bank for riparian habitats project. (REFER TO CHIEF ADMINISTRATIVE OFFICER, EMERGENCY SERVICES OFFICER, DIRECTOR OF PUBLIC WORKS, DIRECTOR- DEVELOPMENT SERVICES, AND DIRECTOR OF WATER AND RESOURCE CONSERVATION.) Page 16 April 25, 2000