HomeMy WebLinkAboutA042710BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
APRIL 27, 2010
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County Supervisors
Bill Connelly, District 1
Jane Dolan, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Kim Yamaguchi, District 5
Scott Tandy, Interim Chief
Administrative Officer and
Clerk of the Board
Bruce Alpert, County Counsel
BUTTE COUNTY BOARD OF SUPERVISORS
9:00 A.M. 1.00
1.01
1.02
1.03
2.00
CALL TO ORDER
Call to Order
Administration
Oroville.
AGENDA -APRIL 27 , 2010
- 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
3.01 * California Department of Food and Agriculture -
approval is requested for an agreement with California
Department of Food and Agriculture, which will provide
funding for a detection survey program to determine the
presence of Asian Citrus Psyllid in Butte County. The
term of the agreement is from March 1, 2010 through
September 30, 2010 with a maximum amount receivable of
$92,285 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.02 * California Department of Food and Agriculture -
approval is requested for an agreement with California
Department of Food and Agriculture, which will provide
funding for a detection survey program to determine the
presence of European Grape Vine Moth in Butte County.
The term of the agreement is from March 1, 2010 through
June 30, 2010 with a maximum amount receivable of
$6,338 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 1 APRIL 27, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -APRIL 27 , 2010
BEHAVIORAL
HEALTH 3.03* MC2 Design Group - amendment - approval is requested
for an amendment to the agreement with MC2 Design Group
for design services for two additional projects
including "Parent Committed and Merchant Committed"
toolkits and the design and printing of booklets, CD's
and DVD's for the "Wasted" documentary. The amendment is
for an expanded Scope of Work and an increase of the
maximum amount payable by $8,895.45 to $34,810.
(department budget) - action requested - APPROVE THE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract X17852)
3.04* Northern Valley Catholic Social Services/Four Winds
Charter Schools (NVCSS) - amendment - approval is
requested for an amendment to the agreement with NVCSS
to include case assessment, collateral services,
individual therapy, group therapy, family therapy,
rehabilitation services, plan development and school
based services. The term of the contract is July 1, 2009
through June 30, 2010. The amendment increases the
maximum amount payable to $214,445.81, an increase of
$60,001 (department budget)- action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X17843)
3.05* Northern Valley Catholic Social Services (NVCSS)-
amendment - approval is requested for an amendment to
the agreement with NVCSS to provide mental health
services to children in Butte County's urban areas;
rural communities including Berry Creek, Yankee Hill,
Concow, and other outlying areas; and school based
mental health services to children in the multiple
school districts of Butte County. The term of the
contract is July 1, 2009 through June 30, 2010. The
amendment reduces the maximum amount payable to
$1,548,094.55, a decrease of $60,013 (department budget)
- action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER (Contract No. X17750)
3.06* Resolution Authorizing an Application for a Mental
Health Transformation Grant (MHTG) through the
Substance Abuse and Mental Health Services
PAGE 2 APRIL 27, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -APRIL 27 , 2010
Administration (SAMHSA)- The five-year grants of
$750,000 per year($3.75 Million total) are to foster
adoption and implementation of permanent transformative
changes in how public mental health services are
organized, managed and delivered so that they are
consumer-driven, recovery-oriented and supported through
evidence-based and best practices - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
CHIEF
ADMINISTRATIVE
OFFICE 3.07 * CDX Wireless - approval is requested for an agreement
with CDX Wireless for the provision of consulting
services to transition County two way radio equipment to
narrowband, as required by the Federal Communications
Commission. On September 29, 2009, the Board of
Supervisors authorized the appropriation of
unanticipated revenue from the Interoperable Emergency
Communications Grant Program for this initiative. The
term of the agreement is from April 27, 2010 to December
30, 2010 with a maximum amount payable of $50,000
(department budget)- action requested - APPROVE THE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.08 * Resolution Approvin~pplication for Fiscal Year (FY)
2010 Emercrency Manacement Performance Grant Procrram -
resolution authorizing the Chief Administrative Officer
and/or Emergency Services Officer to apply for the FY
2010 Emergency Management Performance Grant and to sign
all necessary documents related to obtaining the grant.
The California Emergency Management Agency has allocated
$163,121 to the Butte County Operational Area.
Participation in the grant requires a dollar for dollar
County match which is provided annually in the Proposed
Budget - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN; APPROVE APPLICATION FOR
GRANT AND AUTHORIZE CHIEF ADMINISTRATIVE OFFICER AND/OR
EMERGENCY SERVICES OFFICER TO SIGN GRANT DOCUMENTS.
3.09 * Budget Adjustments - Budget adjustments are needed to
reflect the service levels which were adopted in the
current fiscal year 2009/2010.
PAGE 3
APRIL 27, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -APRIL 27 , 2010
1. Veterans Service Office (VSO) - a budget adjustment
is needed to increase appropriations for salaries and
benefits by $11, 466 to fund the 1. 4 Full Time Equivalent
employees approved during FY 2009/2010 budget hearings -
action requested - APPROVE BUDGET ADJUSTMENTS (4/5 vote
required) AS OUTLINED IN THE DETAILED AGENDA REPORT.
2. State COPS Program - a budget adjustment is needed
to appropriate a transfer of $236,490 in State COPS
revenue from the Supplemental Law Enforcement Services
Fund(SLESF) to the Sheriff's Department. The
expenditures and revenue were budgeted in the Sheriff's
budget, but the corresponding transfer was not included
in the SLESF. This adjustment has no impact on the
General Fund - action requested - APPROVE BUDGET
ADJUSTMENTS (4/5 vote required) AS OUTLINED IN THE
DETAILED AGENDA REPORT.
CHILD SUPPORT
SERVICES 3.10 * Resolution to Increase Child Support Services Revolvincr
Fund - resolution authorizing an increase of $1,000 to
the Child Support Services Revolving Fund. These funds
are used to pay for fees which cannot be delayed by the
accounts payable process and are primarily needed to pay
fees associated with serving legal paperwork to non-
custodial parents who are out of the area. With the
increase in volume and higher fee amounts, an increase
is necessary. - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
EMPLOYMENT
AND SOCIAL
SERVICES 3.11 * Fixed Asset Purchase - approval is requested for the
purchase and installation of five (5) modular work
stations for the Oroville Community Employment Center
located at 78 Table Mountain Boulevard to replace those
taken by another agency when they vacated the facility.
The estimated cost of these fixed assets are $20,000.
The department is requesting to use savings from a
previously approved fixed asset purchase - action
requested - APPROVE THE ACQUISITION OF THE FIXED ASSET
AND AUTHORIZE THE DEPARTMENT TO MOVE FORWARD WITH THE
BID AND PURCHASE PROCESS.
GENERAL
SERVICES 3.12 * Budget Adjustment for Unused Appropriations for Critical
Butte County Repairs - Due to funding constraints no
funding was budgeted in the current fiscal year for
major maintenance projects. Some projects already in
PAGE 4 APRIL 27, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -APRIL 27 , 2010
process prior to July 2009 came in under budget leaving
unused appropriations. The department recommends
applying $100,000 of the unused appropriations to meet
some of the critical needs on the County's list of
pending projects - action requested - APPROVE BUDGET
ADJUSTMENT (4/5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
HUMAN
12ESOUizcES 3.13 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows:
PUBLIC WORKS - requests to delete one (1) position of
Supervisor, Accountant and add one (1) position of
Accounting Specialist/Account Clerk, Senior/Account
Clerk. A reorganization within the department has
allowed for the Supervisor, Accountant position to be
under-filled, bringing a cost savings to the department.
This change will leave the total allocations in the
department unchanged at 132.75 (within department
budget).
ASSESSOR - requests to add one (1) position of
Information Systems Analyst, Senior/Information Systems
Analyst/Information Systems Analyst, Associate. This is
a procedural step in a planned future position
elimination of an Information Systems Technician
position. The Information Systems Technician position
is set to be eliminated through the FY 2010-2011 budget
process and replaced by the position being added above.
There is no budgetary impact for this change as it is
accounted for in the current and future department
budget. This change will initially increase the total
allocations in the department from 40 to 41 until the
Information Systems Technician position is eliminated
(within department budget).
PUBLIC HEALTH - requests to extend the sunset/term dates
of the following positions to June 30, 2011: one (1)
position of Butte County Children and Families
Commission-Director, three (3) positions of
Administrative Analyst, Senior/Administrative
Analyst/Administrative Analyst, Associate, one (1)
position of Administrative Assistant,
Senior/Administrative Assistant and one(1) position of
Administrative Assistant, Senior/Administrative
Assistant. These positions are fully funded from
outside sources and are included in the FY 2010/2011
proposed budget. In addition the department is
requesting to change the following positions from sunset
and term to regular help positions with no expiration
date: one (1) Supervisor, Public Health Nutrition and
one (1) Public Health Education Specialist,
Senior/Public Health Education Specialist/Public Health
Education Specialist, Associate. Both of these
positions receive funding through grants (Bioterrorism
PAGE 5 APRIL 27, 2010
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 27 , 2010
and WIC) that have an on-going source of funding. These
changes will leave the total allocations in the
department unchanged at 162.3 (within department
budget).
PROBATION - requests to add two (2)sunset positions of
Probation Officer III/II/I to end 6/30/11. The
department has entered into an MOU with the Behavioral
Health Department for the Substance Abuse Offender
Treatment Program. Funds that have been awarded to
Butte County to support this program will cover the cost
of the new positions. These changes will increase the
total allocations in the department to 94 (within
department budget).
HUMAN RESOURCES - requests to add the following
classifications to the Section F Management,
Confidential and Supervisory Unit of the Salary
Ordinance: Supervisor, Central Collections Accounting
& Administrative Support (Class Code 1277),Project
Manager, Clerk-Recorder/Elections and Manager, Clerk-
Recorder/Election Services. The new classifications were
agreed to by both the Human Resources Department and
applicable employee association.
SHERIFF - requests to add two (2) positions of Deputy
Sheriff. These positions are being added to backfill
for two long term leaves of absence in order to meet the
needs of the department. Both positions will be funded
from salary savings from vacancies in the current
budget. These changes will increase the allocations in
the department from 272 to 274(within department
budget).
CLERK-RECORDER - requests to delete from budget unit
130-001 a .25 Administrative Analyst, Senior/
Administrative Analyst/Administrative Analyst,
Associate; delete from budget unit 470-001 a .75
Administrative Analyst, Senior/Administrative
Analyst/Administrative Analyst, Associate; add to budget
unit 130-001 a .25 Accountant Senior; add to budget
unit 470-001 add .75 Accountant, Senior. These changes
are based on the needs and demands of the department.
These changes leave the total allocations in the
department unchanged at 23 (within department budget). -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
PUBLIC
HEALTH 3.14 * Budget Adjustment and Fixed Asset Purchase - approval is
requested to accept unanticipated funds in the amount of
$52,754 from the Center for Disease Control Emergency
Preparedness Grant. The department requests the
appropriation of the unanticipated revenue to meet the
requirements of the approved use of funding and plan
PAGE 6 APRIL 27, 2010
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 27 , 2010
guidelines including $29,000 for Medical Supplies,
$6,500 for Outside Office Expense, $3,254 to Special
Departmental Expense and $14,000 for Fixed Assets to
purchase a quantitative fit-testing machine - action
item - ACCEPT THE UNANTICIPATED REVENUE; APPROVE THE
PURCHASE OF FIXED ASSET AND APPROPRIATE THE
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT
(4/5 vote required).
3.15 * Budget Adjustment and Fixed Asset Purchase - approval is
requested for the fixed asset purchase of a Storage Area
Network. The server will accommodate the high volume of
files and records that will be produced by the
electronic medical records system for the clinic and the
storage of detailed large scale maps that will contain
communicable disease and emergency response data. The
purchase will be funded through H1N1 grant funding
(department budget) - action requested - APPROVE FIXED
ASSET PURCHASE AND BUDGET ADJUSTMENT (4/5 vote required)
AS DETAILED IN THE AGENDA REPORT.
3.16 * Northwest Society for the Prevention of Cruelty to
Animals (NWSPCA) - approval is requested for a new three
year agreement with NWSPCA for the provision of
sheltering animals impounded by the Butte County Animal
Control Program. The term of the agreement is July 1,
2010 through June 30, 2013 with a maximum amount payable
of $470,573.76 for FY 2010/2011, $479,985.24 for FY
2011/2012 and $487,185.02 for FY 2012/2013 (funding has
been included in department's FY 2010/2011 proposed
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.17 * Budget Adjustment and Fixed Asset Purchase - approval is
requested to accept unanticipated revenue in the amount
of $32,450 from the Hospital Preparedness Program (HPP)
for the fixed asset purchase of UHF narrowband radio
equipment/hardware including a repeater, tower and
antenna, to replace the Bloomer Mountain equipment. The
amount of $62,450 will be funded by the unanticipated
revenue and existing appropriations within the
department budget. The purchase will ensure radio
interoperability between Butte County and regional and
local emergency medical responders, fire departments and
bordering counties - action requested - APPROVE FIXED
ASSET PURCHASE AND BUDGET ADJUSTMENT (4/5 vote required)
AS DETAILED IN THE AGENDA REPORT.
PUBLIC
woxxs 3.18 * Resolution of Intent to Vacate a Public Utility Easement
- a resolution giving notice of a Public Hearing to
vacate a public utility easement serving lots 24 through
29 of the Thengvall Tract Unit One in the Town of
Richvale - action requested - ADOPT RESOLUTION WHICH
SETS PUBLIC HEARING FOR MAY 25, 2010 AT 9:40 A.M. AND
PAGE 7 APRIL 27, 2010
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 27 , 2010
AUTHORIZE THE CHAIR TO SIGN.
SHERIFF-
CORONER 3.19 * Fixed Asset Purchase and Budget Adjustment - approval is
requested for a fixed asset purchase of a computer
server in the amount of $19,000. This server will
replace the back-up server which has exceeded its useful
life and is in need of replacement. The new server will
be more efficient with a quicker transfer of data and an
assurance that all back-up material will be retrievable
(department budget) - action requested - APPROVE FIXED
ASSET PURCHASE AND BUDGET ADJUSTMENT (4/5 vote required)
AS DETAILED IN THE AGENDA REPORT.
3.20 * KW Smith Mortuary Transport - approval is requested for
an agreement with KW Smith Mortuary for mortuary
transport services for out of county transports. The
term of the agreement is from February 1, 2010 through
January 31, 2013, with an annual maximum amount
payable of $30,000 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
TREASURER-
TAX COLLECTOR 3.21 * Resolution Authorizincr and Approvincf Tax & Revenue
Anticipation Notes (IRAN) for Fiscal Year 2010/2011 -
a resolution that authorizes the Auditor and Treasurer
to begin procedures to participate in the California
Cash Flow Financing Program for the 2010/2011 issuance
of Tax and Revenue Anticipation Notes. The issuance
will be for a maximum feasible amount to be determined
by the Treasurer and Auditor, not to exceed $40,000,000
- action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
WATER
AND RESOURCE
CONSERVATION 3.22 * Resolution Recognizing MaV as Water Awareness Month-
During the month of May the Department of Water and
Resource Conservation will focus on public education
regarding water conservation, watershed protection and
stewardship of water resources - action required - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.23 * Drought Status Report - a report detailing the current
drought situation in California and the Drought Task
Force's priorities for drought response - action
requested - ACCEPT FOR INFORMATION.
OTHER
DEPARTMENTS
AND AGENCIES 3.24 * Resolution Designating the Friends of the Arts-Butte
County as the Local Partner for the California Arts
Council's State-Local Partnership Program - consider a
request from the Friends of the Arts to be designated as
the State/Local Partner to the California Arts Council
PAGE 8 APRIL 27, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -APRIL 27 , 2010
for Butte County. The designation will allow the
Friends of the Arts to request approximately $14,000 -
$17,000 annually in grant funds - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN
PRESENTATION OF RESOLUTIONS ADOPTED ON THE CONSENT AGENDA.
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.
4.03 Update of General Plan 2030 Process by Director-
Development Services.
PRESENTATION
r »ew Tr~~e~~~r~»
ITEMS
4.04 Items Removed from the Consent Agenda for Board
PAGE 9
APRIL 27, 2010
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 27 , 2010
Consideration and Action.
rJ . OO PUBLIC HEARINGS AND TIMED ITEMS
9:30 A.M. 5.01 * Timed Item - Presentation by the Executive Director of
the California State Association of Counties (CSAC) -
Paul McIntosh, Executive Director of CSAC, will provide
a report on state budget issues - action requested -
ACCEPT FOR INFORMATION. (Chief Administrative Office)
10:00 A.M. 5.02 * Public Hearing - Appeal of Planning Commission's
Approval of Tentative Parcel Map (TPM08-0008) for Gard
Anderson, APNs 039-410-022 and 039-606-137 -
consideration of an appeal of the February 25, 2010
Planning Commission approval of TPM08-0008. The project
is located on the north side of Hegan Lane,
approximately 1/4 mile west of Bruce Lane. The
northeastern boundary of the site runs along the Union
Pacific Railroad and is adjacent to the Chico City
Limits. The Planning Commission and staff recommend
denial of the appeal - action requested - DENY THE
APPEAL; ADOPT THE MITIGATED NEGATIVE DECLARATION; AND
APPROVE TPM08-0008 WITH FINDINGS AND CONDITIONS.
(Development Services)
10:45 A.M. 5.03 * Timed Item -
A. Consideration of an Appeal of Planning Commission
Condition No. 2 for Legal Lot Determination DET10-
0002 - consideration of an appeal of a condition
of approval for DET10-0002. The appellant
requests removal of Condition No. 2 which requires
the adjacent parcel, APN 047-190-020 be able to
solve its creation via lot line adjustment or
merger, or be eligible to receive an unconditional
Certificate of Compliance. The parcel is located
on the northwest corner of Merdian Road and State
Highway 32, west of Chico. The Planning Commission
and staff recommend denial of the appeal - action
requested -
1) DENY THE APPEAL;
-OR-
2) MAKE A MOTION OF INTENT TO GRANT THE
APPEAL AND REMOVE CONDITION NO. 2 WITH
PAGE to APRIL 27, 2010
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -APRIL 27 , 2010
FINDINGS.
B. Recruest for Lecral Lot Determination (DET10-0005) -
consideration of a request by David Poole for a
Legal Lot Determination on a 4.75-acre parcel that
was created by grant deed on May 20, 1977. This
parcel is not in compliance with the Subdivision
Map Act and Butte County Code. The project parcel
is located at the southwest corner of Meridian
Road and Bell Road and on the south side of the
Union Pacific Railroad right-of-way, approximately
860 feet south of the intersection of Meridian
Road and Bell Road at 12555 Meridian Road, west of
Chico (APN 047-190-020) - action requested -
DETERMINE THAT THE ACTION IS CATEGORICALLY EXEMPT
FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA); AND APPROVE THE REQUEST FOR A
CONDITIONAL CERTIFICATE OF COMPLIANCE SUBJECT TO
CONDITIONS. (DEVELOPMENT SERVICES)
1:30 P.M. 5.04 * Public Hearing -New Era Mine - Forfeiture of Financial
Assurances for the New Era Mine, 4095 Dry Creek Road,
Oroville (APN No. 041-080-027) Pursuant to Public
Resources Code 2773.1(b)- This is the second hearing
being held as a result of the Final Judgement following
the Amended Statement of Decision filed by the Butte
County Superior Court on November 2, 2009 and the Final
Judgment Following Amended Statement of Decision filed
on December 10, 2009, granting the Petition for Writ of
Mandate by the Dry Creek Citizens of Butte County and
the Butte Environmental Council in regards to Resolution
08-104 (adopted August 5, 2008). At the February 23,
2010 Hearing the Board adopted Resolution 10-034 and
Actions I - VI and directed staff to revise Action VII
and the Revised Order to Comply such that reclamation at
the New Era site will be consistent with the Statement
of Decision, Surface Mining and Reclamation Act (SMARA)
and California Environmental Quality Act (CEQA). The
Decision compels Butte County to address the disturbance
created at the New Era Mine by North Continent in a
manner consistent with the Decision, SMARA and CEQA.
Staff believes that reclamation must commence and the
site be stabilized before the next rain season. Recent
information provides a valid basis for Butte County to
seek forfeiture of the North Continent financial
assurances pursuant to PRC 2773.1(b). - action requested
- ADOPT THE ATTACHED RESOLUTION (ATTACHMENT A) FINDING
THAT THE NEW ERA MINE HAS BEEN ABANDONED AND DIRECT THE
DIRECTOR OF DEVELOPMENT SERVICES TO NOTIFY NORTH
CONTINENT LAND AND TIMBER, INC. THAT BUTTE COUNTY
INTENDS TO SEEK FORFEITURE OF THE FINANCIAL ASSURANCES
FOR THE NEW ERA MINE. SHOULD NORTH COUNTY CONTINENT
FAIL TO COMMENCE RECLAMATION AS PRESCRIBED IN ACTION II
OF THE RESOLUTION, STAFF FURTHER RECOMMENDS THAT THE
PAGE ll APRIL 27, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -APRIL 27 , 2010
BOARD OF SUPERVISORS DIRECT THE DIRECTOR OF DEVELOPMENT
SERVICES TO REQUIRE FORFEITURE OF THE FINANCIAL
ASSURANCES AND CONDUCT AND COMPLETE RECLAMATION AT THE
NEW ERA SITE ACCORDING TO A RECLAMATION PLAN CONSISTENT
WITH THE SURFACE MINING AND RECLAMATION ACT. (Department
of Development Services)
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 ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9
(a): FOUR CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. L.P. v. BUTTE COUNTY; BUTTE COUNTY SUPERIOR COURT
CASE NO. 141988;
3. ALPERN v.COUNTY OF BUTTE; CASE NO. USDC 09-1500
4. DRY CREEK COALITION v.NORTH CONTINENT LAND AND
TIMBER, ET AL; BUTTE COUNTY SUPERIOR COURT CASE NO.
144532
7.02 PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT,
PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF
ADMINISTRATIVE OFFICER; DIRECTOR OF BEHAVIORAL HEALTH;
AND DIRECTOR OF HUMAN RESOURCES.
7.03 PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS,
INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION
54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
PAGE 12
APRIL 27, 2010
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR.
7.04 INITIATION OF LITIGATION PURSUANT TO GOV. CODE SEC.
54956 (c) ONE POTENTIAL CASE
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
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -APRIL 27 , 2010
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 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
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
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APRIL 27, 2010