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HomeMy WebLinkAboutA091107BUTTE COUNTY BOARD OF SUPERVISORS AGENDA SEPTEMBER 11, 2007 ~T~' ~ ~ o ~ o ~ ~~ o , .- o __ _` ~~_ .~ _ ~. __ _ . ~~ _~ o _ - o ~ '~ UN Counter Su~aervisors Bill Connelly, District 1 Jane Dolan, District 2 Maureen Kirk, District 3 Curt Josiassen, District 4 Kim Yamaguchi, District 5 Starlyn Brawn, Interim Chief Bruce Alpert, County Counsel Administrative Officer and Clerk of the Board BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 11, 2007 9: O O A. M. 1.O O CALL TO ORDER 1.01 Call to Order - Board of Supervisors Roam, County Administration Building, 25 County Center Drive, Oroville. 1.02 Pledge of Allegiance to the Flag of the United States of America. 1.03 Observation of a Moment of Silence. 2.O O CORRECTIONS ANDIOR CHANGES TO THE AGENDA. 3 . O O CONSENT AGENDA BEHAVIORAL HEALTIi 3.01 * Surplus Equipment - approval is requested to declare surplus an HP Color LaserJet 5m Printer (fixed asset no. 25833}. The item has been determined to be non- functional - action requested - DECLARE FIXED ASSET ITEM SURPLUS TO THE NEEDS OF THE COUNTY; DIRECT THE ITEM BE REMOVED FROM THE FIXED ASSET INVENTORY LIST; AND AUTHORIZE DISPOSAL IN ACCORDANCE WITH COUNTY POLICY. 3.02 * Loumark Associates - approval is requested for a lease agreement with Loumark Associates for the property located at 564 Rio I,indo Avenue, Suites 200, 202, 203 and 204. The property is utilized for Adult Treatment Court Programs. The term of the agreement is September 1, 2007 through August 31, 2012 with a maximum amount payable of $357,540 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.03 * Department of Alcohol and Drug Programs (ADP) - Substance Abuse Offender Treatment Program {OTP) - approval is requested to accept and appropriate $29,064 in unanticipated OTP funds. Approval is also requested far a budget transfer of $9,232 from the Probation Department to the Department of Behavioral Health (DBH} as Probation's anticipated OTP expenditures are less than budgeted. ADP has approved this transfer of funds which will be used by DBH for residential services - action requested - APPROVE BUDGET TRANSFER {4l5 vote required} ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT; AND AUTHORIZE BUDGET TRANSFER OF $9,232 FROM PROBATION TO BEHAVIORAL HEALTH. PAGE 1 SEPTEMBER 11, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 11, 2007 BOARD OF SUPERVISORS 3.04 Resolution in Support of Expanding Economic Opportunities at Beale Air Force Base - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Supervisor Dolan} CxIEF ADMINISTRATIVE OFFICE 3.05 * Consolidated Area Housing Authority of Sutter County - approval is requested for an agreement with the Consolidated Area Housing Authority of Sutter County for administration of the County's Housing Rehabilitation Loan Program. The term of the agreement commences on September 1, 2007 and continues until terminated by either party. Each individual exhibit will have terms with specific time frames. Exhibit 1 provides the Housing Authority to administer a minimum of $280,000 in loans and grants. The term of this exhibit is September 1, 2007 through December 31, 2009 - action requested - APPROVE AGREEMENT, INCLUDING EXHIBIT 1 AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CON`T'ROLLER. 3.06 * Office of Homeland Security (OHS) - 2006 Buffer Zone Protection Program - approval is requested to accept and appropriate $950,000 in unanticipated OHS funds as detailed in the agenda report. $80,000 will be used to purchase thermal imagers and $841,500 will be used for the purchase of waterway security devices - action requested - APPROVE BUDGET TRANSFER (415 vote required) ACCEPTING AND APPROPRIA`T'ING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASES OF THERMAL IMAGERS IN THE AMOUNT OF $80,000 AND WATERWAY SECURITY DEVICES IN THE AMOUNT OF $841,500. CHILD SUPPORT SERVICES 3.07 * Peerless Building Maintenance - approval is requested for an agreement with Peerless Building Maintenance for the provision of janitorial services. The term of the agreement is October 1, 2007 through June 30, 2010 with a maximum amount payable of $63,015 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 2 SEPTEMBER 11, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 11, 2007 GLERR- RECORDER 3.08 * Special Districts - Insufficient Nominee Appointments in Lieu of Elections - submitted is a list of special districts wherein na person filed a declaration of candidacy for any office, and where there was no petition submitted calling for an election. Pursuant to California Elections Code Section 10515, the Board may appoint any qualified person to office at any time on or before November 27, 2007. Following is a list of offices that require appointment: 1) Berry Creek Community Services District - one Director, four year term (candidate shall be a registered elector residing within the district}; 2) Buzztail Community Services District - one Director, four year term (candidate shall be a registered elector residing within the district}; 3) Richardson Springs Community Services District - one Director, four year term (candidate shall be a registered elector residing within the district)- action requested - ACCEPT FOR INFORMATION. 3.09 * Special Districts - Appointments in Lieu of Elections - California Elections Code Section 10515 allows the Board of Supervisors to appoint various special district board members for districts scheduled to elect members on November 6, 2007, where the number of persons filing a declaration of candidacy is equal to or less than the number of offices to be filled, and there was no petition submitted calling for an election. The Clerk-Recorder submits a Certificate of Facts-Exhibit A, listing the following: 1) Berry Creek Community Services District - Dan Stubblefield, Director, four year term; James R. Crawford, Director, two year term; 2) Buzztail Community Services District - Robin Wilder, Director, four year term; 3) Richardson Springs Community Services District - Jake Findley, Director, four year term; Evan J. Poe, Director, two year term - action requested - APPOINT NOMINEES. CoUnrrY COUNSEL 3.10 * Sidley Austin LLP _ approval is requested far an agreement with Sidley Austin LLP for the provision of legal services in connection with federal tax issues. The hourly rates for the principal attorneys are $485 {Michael Kinn) and $265 {Lisa Park} - action requested - AUTHORIZE COUNTY COUNSEL TO EXECUTE AGREEMENT WITH SIDLEY AUSTIN LLP. PAGE 3 SEPTEMBER 11, 200? BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 11, 2007 3.11 * David Kennedy - amendment - approval is requested for an amendment to the agreement with David Kennedy for the provision of legal services to the Children's Services Division of the Department of Employment and Social Services. The amendment increases the annual maximum amount payable to $141,270 (Employment and Social Services budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY THE AUDITOR-CONTROLLER. {Contract No. X16315} DEVELOPMENT SERVICES 3.12 * Pacific Municipal Consultants (PMC} - amendment - approval is requested for an amendment to the agreement with PMC for the provision of assistance in processing planning applications. Applicants voluntarily electing to utilize PMC shall pay 100 of the costs associated with this agreement. PMC will provide the County with an estimate of casts for specific tasks, and applicants will be required to agree and submit funds for services prior to the consultant beginning work. The amendment, which increases the maximum amount payable by $292,000, will allow for the department to process applications in a more timely manner. 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; AND APPROVE BUDGET TRANSFER (415 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT. (Contract No. X16227) EMPLOYMENT ANDa^OCIAL SERVICES 3.13 * Budget Transfer - approval is requested to accept and appropriate $218,083 in unanticipated revenue from the Federal Deficit Reduction Act {DRA) to support five new positions of Eligibility Specialist. These positions are needed to implement additional requirements far citizenship verification - action requested - APPROVE BUDGET TRANSFER (4J5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT. HUMAN FtESOVxcES 3.14 * Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: PUBLIC HEALTH - changes one vacant position of Environmental Health Specialist, Associate; Environmental Health Specialist, Senior to the position of Environmental Health Technician. EMPLOYMENT AND SOCIAL SERVICES - adds five positions of Eligibility Specialist. The positions will be funded by the Federal Deficit Reduction Act. LIBRARY - the department requests that two positions of Library Assistant be flexibly staffed to Library Assistant or Library Assistant, Senior - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 4 SEPTEMBER 11, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 11, 2007 LxaxaRY 3.15 * Library Donations - pursuant to Government Code Section 25355, donations of $1,863.60 from Oroville Friends of the Library, $4,307 Pram Chico Friends of the Library, $125 from Meriam Library staff, $121.12 from Ruthmarie Ferris, $100 from Maxine and Hubert Davis, $316.50 from an anonymous source, $200 from the Chico Lioness Club, $250 from Dorothy Dingfelder, $1,151.64 from Paradise Friends of the Library, and $100 Pram Maudie Penney have been received for the purchase of books; $532.04 Pram Paradise Friends of the Library has been received for operations - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. PVBLZC x~nLmx 3.16 * Resolution Recognizing the Month of September 2007 as the Fourth Annual National Preparedness Month - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.17 * California Department of Health Services - Fiscal Year 200712008 Rural Health Services Program Funds - approval is requested for a declaration of intent not to apply for Fiscal Year 200712008 Rural Health Services Program Funds. Legislation currently exists which permits the State to administer the Hospital Services, Physician Services, and Children's Treatment Program allocations for counties. The State's administration relieves counties of several requirements to document and report expenditures and program activities - action requested - APPROVE THE DECLARATION OF INTENT NOT TO APPLY FOR FISCAL YEAR 200712008 RURAL HEALTH SERVICES PROGRAM FUNDS AND AUTHORIZE THE CHAIR TO SIGN. PtrsLxc woxxs 3.18 Adoption of an Ordinance Establishing Speed Limits an Certain Roads Within the County of Butte - approval is requested for an ordinance which will establish a speed limit of twenty-five miles per hour an the following roads: 1) Circle Drive from Oroville-Bangor Highway to End; 2) Naranjo Avenue from Mt. Ida Road to the Oraville-Bangor Highway; and 3} Oraville-Bangor Highway from Mt. Ida Road to Miners Ranch Road - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-28-07 [3.24]) 3.19 Notice of Completion for 2007 Scrub Seal and Micro- Surfacing Project - County Project No. SC-2007-1 - All contract work which consisted of placing a Scrub Seal andlor Micro-Surfacing and Fag Seal on various roads in Paradise Pines area, Nimshew Road, and portions of Keefer Road has been completed - action requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION. (FROM 8-28-07 [3.23]} PAGE 5 SEPTEMBER 11, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 11, 2007 3.20 * JND Thomas Co „ Inc. - amendment - approval for an amendment to the agreement with JND Thomas Co., Inc. to remove sludge and solids from the primary septage pond located at the Neal Road Sanitary Landfill. The amendment increases the maximum amount payable by $47, 365.20 and amends the completion date from July 31, 2007 to a completion date to be determined by the Department of Public Works. 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 Na. X16506} 3.21 * Fiscal Year 200712008 Budget Adjustments far Various County Service Areas - submitted are various County Service Area (CSA} budget adjustments for Fiscal Year 2007!2008 - action requested - APPROVE BUDGET TRANSFERS (415 vote required? ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. 3.22 * Resolution of Intent to Vacate a Portion of Lincoln Boulevard - consideration of a resolution that gives notice of a Public Hearing to vacate a portion of the public right of way along Lincoln Boulevard, Oroville - action requested - ADOPT RESOLUTION WHICH SETS PUBLIC HEARING FOR OCTOBER 9, 2007 AT 10:00 A.M. AND AUTHORIZE THE CHAIR TO SIGN. 3.23 * Butte County Association of Governments {BCAG} - approval is requested for a Letter Agreement with BCAG for the provision of project management services for the development of a State Route 99 Neal Road Interchange Project Study Report or equivalent services. The agreement will provide a means to study the intersection and suggest possible alternatives far the location, including eventual construction of a new intersection or controls. The maximum amount payable under this agreement is $266,261 {department budget) - action requested - AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.24 * Contract Change Order for the Construction of Ophir Road and Lincoln Boulevard Signalization - approval is requested for a Contract Change Order that provides for additional compensation to the contractor far the extra work required for removing and replacing unsuitable material in the northwest corner of the intersection. This change increases the contract by $32,954.19. All other terms and provisions remain the same - action requested - APPROVE CHANGE ORDER AND AUTHORIZE THE CHAIR TO SIGN. {Contract No. X15720} PAGE 6 SEPTEMBER 11, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 11, 2007 3.25 * Sierra Moon Subdivision - Phase 1 - the Sierra Moon Subdivision, APN 047-740-001 is located on the west side of Hicks Lane, approximately one-half mile South from Hicks Lane and Keefer Road, Chico. This is a conditionally approved one-hundred nineteen lot, public street subdivision to be developed in four phases. Phase 1 is comprised of fifty lots. The developer has complied with the Conditions of Approval and has provided performance bonds to guarantee the completion of the required Phase 1 improvements - action requested - APPROVE THE FINAL MAP FOR THE SIERRA MOON SUBDIVISION, PHASE 1; ACCEPT ON BEHALF OF BUTTE COUNTY THE FOLLOWING: 1) SPYGLASS ROAD, CARIBBEAN WAY, BARBADOS COURT, ARUBA COURT, CAYMEN COURT, CURACAO COURT, HICKS LANE AS OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT, 2} LOT G IN FEE SIMPLE FOR STORM DRAINAGE FACILITIES, COUNTY SERVICE AREA 169 AND FOR OPEN SPACE PURPOSES, 3} THE RELINQUISHMENT OF ABUTTER'S RIGHTS OF ACCESS ALONG HICKS LANE AS OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT; ACCEPT ON BEHALF OF THE PUBLIC THOSE TEN-FOOT WIDE PUBLIC SERVICE EASEMENTS AND A TWELVE-FOOT WIDE DRAINAGE EASEMENT AS OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT; AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. 3.26 * Butte Regional Household Hazardous Waste Facility - AJC Industrial Services Corporation, the current contracted service provider for the management and operation of this facility, is requesting approval to assign its rights, duties, and obligations under the current agreement to NRC Environmental Services Corporation. The day-to-day operations of the facility will not be affected - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Sx~RIFP'- CORONER 3.27 * Budget Transfer and Fixed Asset Purchase - approval is requested for the purchase of new video monitoring system to play educational videos and air certain cable television programs. The Sheriff's office currently utilizes the Etech Control Systems for maintenance of the current systems in the jail and for all door locks and system controls. The new system would require Etech to pull cable and install playback units in Jail D and the women's section. The cost is $13,940 - action requested - APPROVE BUDGET TRANSFER {4J5 vote required} ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF NEW VIDEO MONITORING SYSTEM. {Contract No. X16806) 3.28 * Budget Transfer - approval is requested for a budget transfer of $2,000 in order to retain a media company which will update the meth prevention website -action requested - APPROVE BUDGET TRANSFER {4J5 vote required} ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. PAGE 7 SEPTEMBER 11, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 11, 2007 ~TEiER DEPARTMENTS AND AGENCIES PAGE 8 SEPTEMBER 11, 2007 3.29 * Butte Water District - the Secretary of the Butte Water District submits a certification that the number of persons who have filed a Declaration of Candidacy for the position of Director does not exceed the number of offices to be filled and that no petition requesting a General District Election has been presented to the District. Pursuant to Elections Code Section 10515, the District is requesting the Board appoint the parsons who have filed Declarations of Candidacy - action requested - APPOINT STEPHEN PANTALEONI AND RONALD GIOVANETTI TO TERMS TO END DECEMBER 2, 2011. 3.30 * Richvale Irrigation District - the Secretary of the Richvale Irrigation District submits a certification that the number of persons who have filed a Declaration of Candidacy for the position of Director does not exceed the number of offices to be filled and that no petition requesting a General District Election has been presented to the District. Pursuant to Elections Cade Section 10515, the District is requesting the Board appoint the person who has filed a Declaration of Candidacy - action requested - APPOINT LYLE D. JOB TO A TERM TO END DECEMBER 2, 2011. 3.31 * Western Canal Water District - the General Manager of the Western Canal Water District submits a certification that the number of persons who have filed a Declaration of Candidacy for the position of Director does not exceed the number of offices to be filled and that na petition requesting a General District Election has been presented to the District. Pursuant to Elections Code Section 10515, the District is requesting the Board appoint the persons who have filed Declarations of Candidacy - action requested - APPOINT ERIC F . LARRABEE, KEN ANDERSON AND BRYCE LUNDBERG Tt} TERMS TO END DECEMBER 2, 2011. 3.32 * Lake Madrone Water District - the Lake Madrone Water District has certified that the number of Declarations of Candidacy for the 2007 Special District Election cycle did not exceed the number of director vacancies. Pursuant to Elections Cade Section 10515, the District is requesting the Board appoint and declare elected the candidates who filed - action requested - APPOINT JAMES R. SMITH, DENNIS E. NAY, AND SCOTT B. OWENS TO TERMS TO END DECEMBER 2, 2011. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 11, 2a07 ~ . ~ 0 REGULAR AGENDA BOARD, COAIDSISSION3 AND CObIl~SITTEES 4.01 * Boards, Commissions and Committees. 1. Appointments to Listed Vacancies. 2. Board Member or Committee Reports. BUDGET. LEGISLATIVE OR COVNTY RELATED UPDATES 4.02 Update on Current Budget and Legislative Issues by the Interim Chief Administrative Officer. 4.03 Update of General Plan 2030 Process by Director- Development Services. PRESENTATION AND DlscussxoN =TENS 4.04 * Skyway Lookout Point - Parking and Pedestrian Viewing Project - Caunty Project RPST PLE 5912 (070) - approval is requested for the acquisition of property far the Skyway Lookout Point Parking and Pedestrian Viewing Project. Negotiations have been completed with two separate property owners for APNs 017-190-040 and 017- 190-069 - action requested - APPROVE AGREEMENT WITH PAMELA BOEGER, TRUSTEE OF THE JOHN F. GUERRERO LIVING TRUST IN THE AMOUNT OF $15,000 AND AUTHORIZE THE CHAIR TO SIGN; APPROVE AGREEMENT WITH ARCHIE C. AND LINDA M. SCHUMP..NN IN THE AMOUNT OF $20,860 AND AUTHORIZE THE CHAIR TO SIGN; APPROVE AGREEMENTS (2) WITH EACH PROPERTY OWNER REGARDING THE CLEAN-UP OF PROPERTY LOCATED BELOW LOOKOUT POINT AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT DEPARTMENT OF PUBLIC WORKS TO TEMPORARILY CLOSE LOOKOUT POINT UNTIL PROJECT IS COMPLETE, tpublic Works) PAGE 9 SEPTEMBER 11, 2aa7 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 11, 2007 4.05 Leadership Development Program - presentation by Sheriff Perry Reniff regarding the Leadership Development Program which was created for the training and development of supervisors within the department. Thirteen front-line supervisors completed the program on August 17, 2007 - action requested - ACCEPT FOR INFORMATION. (Sheriff-Coroner} 4.06 * Letter of Support for Senate Constitutional Amendment {SCA) 12 - SCA 12 (Torlakson} is a proposed amendment to the State Constitution regarding the classification of storm water and urban runoff management fees or charges. The proposed amendment would make the classification of storm water and urban runoff management fees or charges consistent with Proposition 218 classification of similar fees or charges related to sewer, water, and refuse collection services which are specifically exempt from voter approval requirements. If passed by the legislature, SCA 12 would need statewide voter approval to become state law - action requested - APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. 4.07 Items Removed from the Consent Agenda far Board Consideration and Action. 4.08 Recess as the Butte County Board of Supervisors and Convene as the Thompson Flat Cemetery District Board of Directors. pA~E Ip SEPTEMBER 11, 2007 BUTTE CC?UNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 11, 2007 THOMPSON FLAT CEMETERY DISTRICT $OARI} OF D=RECTORS AGENDA SEPTEMBER 11, 200? 1.00 Call to Order - Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. 2.00 Agenda Items 2.01 * Adoption of Fiscal Year 200712008 Budget - consideration of an expenditure budget of $7,050 for Fiscal Year 200712008 - action requested - ADOPT BUDGET AND AUTHORIZE THE CHAIR TO SIGN STATEMENT OF PROVISION FOR RESERVE. 3.00 Public Comment Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board is prohibited from taking action on any item not listed on the agenda. Ads ournmexat Adjourn as the Thompson Flat Cemetery District Board of Directors and Convene as the In-Home Supportive Services Public Authority Board. PAGE 11 SEPTEMBER 11, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 11, 2007 BUTTE COUNTY =N-HOl~ SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AGENDA SEPTEI~ER 11, ~ d ~ 7 1.00 Call to Order - Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. 2.00 Closed Session 2.01 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATOR: CRAIG DORY EMPLOYEE ORGANIZATION: COHW, AFSCMEISEIU 3.00 Public Comment Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board is prohibited from taking action on any item not listed on the agenda. Ads ourx~mexit Adjourn as the Butte County In-Name Supportive Services Public Authority Board and reconvene as the Butte County Board of Supervisors. PAGE 12 SEPTEMBER 11, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 11, 2007 Jr . Q ~ PUSLIC HEARINGS AND TIb~D =TENS 10:20 A.M. 5.01 * Public Hearing - Consideration of Tentative Immediate Cancellation of Williamson Act Contract - George Nicolaus requests the Tentative Immediate Cancellation of Williamson Act Contract {1999 Evelyn C, Liptrap) on APN 047-260-199. The property, on 52.72 acres, is located at the terminus of Kittyhawk Drive, approximately 2,100 feet west of Garner Lane and east of and adjacent to State Route 99 in North Chico - action requested - THE BUTTE COUNTY LAND CONSERVATION ACT ADVISORY COMMITTEE RECON~IENDS APPROVAL OF THE TENTATIVE IMMEDIATE CANCELLATION AND ADOPTION OF THE MITIGATED NEGATIVE DECLARATION. {Development Services} 10:30 A.M. 5.02 * Public Hearing - Appeal of Grading Permit for Signalized Intersection West, LLC. (GRD 06-01}- consideration of an appeal of a Planning Commission denial of a Grading Permit on 1.75 acres of an 80-acre property (two 40-acre parcels} for the purpose of developing two single-family dwellings, private roads, and driveway. The property is located in the Butte Creek Canyon in the Northwest side of Centerville Road, two miles Northeast of Haney Run Road - action requested - 1 } DENY THE APPEAL AND ORDER THE APPLICANT TO RMMEDIATE THE ILLEGAL GRADING TO THE SATISFACTION OF THE DIRETCOR OF PUBLIC WORKS. THIS ACTION IS RECOMMENDED BY STAFF AND WOULD REQUIRE THE APPLICANT TO FILL THE DRIVEWAY THAT HAS BEEN CUT. -OR- 2} DIRECT THE APPLICANT TO PROVIDE REQUIRED BIOLOGICAL AND ARCHEOLOGICAL STUDIES AS RECOMMENDED BY STAFF AND CONTINUE THE APPEAL UNTIL SUCH TIME AS THE RESULTS OF THE STUDIES ARE INCORPORATED AND RE-CIRCULATED WITH THE DRAFT INITIAL STUDY PND MITIGATED NEGATIVE DECLARATION. -OR- 3) GRANT THE APPEAL. THIS ACTION REQUIRES THE BOARD TO ADDRESS THE ISSUES RAISED BEFORE THE PLANNING COMMISSION PRIOR TO ADOPTING THE MITIGATED NEGATIVE DECLARATION. IF APPEAL IS GRANTED, STAFF RECOMMENDS A MOTION OF INTENT DIRECTING STAFF TO RETURN WITH A RESOLUTION ADOPTING THE MITIGATED NEGATIVE DECLARATION. {Development Services) PAGE 13 SEPTEMBER 11, 2007 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 11, 2007 6.00 Pvazxc Cor~Ei+rr 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 CLOSEn SESSION 7.41 PUBLIC EMPLOYEE EMPLOYMENTJAPPOINTMENTIRECRUITMENT, PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER. 7.02 ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(x}: 1. PEOPLE OF THE STATE OF CALIFORNIA AND THE COUNTY OF BUTTE V. GEORGE W. SCOTT, SR.; CHICO SCRAP METAL, INC.; ET AL. BUTTE SUPERIOR COURT CASE N0. 14x892; 2. LAKE OROVILLE INTERVENTION (FERC 2100). 7.03 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOV. CODE SEC. 54956.8: PROPERTY: APN 012-041-004 AGENCY NEGOTIATOR: BRUCE ALPERT NEGOTIATING PARTY: LESA FRANCO NEGOTIATIONS: PRICE AND TERMS OF PAYMENT. PAGE 14 SEPTEMBER 11, 2007 Information and Procedures Concerning the Agenda and Conduct of the Board of Supervisors Meetings Meetine 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 sa please check the meeting calendar to be certain. Copies of the adapted meeting calendar for the year are available in the County Administrative Office ar at the Clerk of the Board website at www.buttecaunty~.neGcab. Agenda Information: The agenda far every meeting of the Board is posted in front of the County Administration Building at least 72 hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to explain each agenda item (excluding documents that are not a public record within the meaning of the Public Records Act) are available for your review at the County Administrative Office, the Chico, Oroville, and Paradise libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies of supporting materials can be made for you at a charge to cover costs. The list of communications included with the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have been received but not included in the agenda supporting material. Copies of all communications received by the Board of Supervisors {excluding documents that are not a public record within the meaning of the Public Records Act} are available at the Administrative Office upon request An {*} appearing before an agenda item signifies that material has been provided to the Board of Supervisors members to explain that item. Agenda Format and Meeting Order: The agenda is usually organized into the following areas and meetings generally proceed in the following order: 1. Consent Agenda: these are items 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 till 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, by law, 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: 1t 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 Cade 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 modificationslaccammodations 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 Genter Drive, Oroville, CA 95965 530-538-7631 www.buttea~unty. netJcob