HomeMy WebLinkAboutM041007BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES
APRIL 10, 2007
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County Supervisors
Bill Connelly, District 1
Jane Dolan, District 2
Maureen Kirk, District 3
Curt Josiassen, District 4
Kim Yamaguchi, District 5
Paul McIntosh, Chief Administrative Bruce Alpert, County Counsel
Officer and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 10, 2007
Called to Order at 9:09 a.m. in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Connelly, Josiassen, Yamaguchi, Kirk and
Chair Dolan. Also present: Paul McIntosh, Chief Administrative
Officer, Bruce Alpert, County Counsel and Kathleen Moghannam,
Associate Clerk of the Board.
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.
0707-001 1. Award for Bid of Construction of Ophir Road and Lincoln Blvd
Signalization, County Project No. 21461-98-2 -approval is
requested to award the contract for County Project No. 21461-
98-2 to the lowest responsive bidder, Granite Construction
Company. The project includes construction of an eight-phase
traffic actuated signal system, roadway widening, extension
of a concrete box culvert and corrugated steel pipe
structures, construction of turn pockets, and an overlay and
striping of the roadway. The project Bids were opened on
March 28, 2007 with two bids received. The bid in the amount
of $1,108,854 from Granite Construction Company was
determined to be the lowest responsive and responsible bid -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN.
ACTION REQUESTED SHOULD INCLUDE: "AWARD BID TO GRANITE
CONSTRUCTION COMPANY" IN ADDITION TO THE ACTIONS REQUESTED ON
THE AGENDA.
CONSENT AGENDA
0707-002 1. Child Welfare Services Outcome Improvement Program (CWSOIP)
Grant Funds - approval is requested to accept and appropriate
$89,294 in CWSOIP funds. With these funds, the department
will provide comprehensive Alcohol & other Drug (AOD) and
Mental Health assessments to parents referred to Butte County
Children's Services Division - action requested - APPROVE
BUDGET TRANSFER B-323 ACCEPTING AND APPROPRIATING
UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT.
2. Linda Huffmon - amendment - approval is requested for an
amendment to the agreement with Linda Huffmon for the
provision of consulting services related to program and
procedural planning and grant planning and preparation. The
amendment increases the maximum amount payable by $23,920
(department budget). All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. 16091)
PAGE 1 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 10, 2007
0707-002 3. Franco and Rossana Giannecchini Family Trust - amendments (5)
- approval is requested for amendments to the lease
agreements with the Franco and Rossana Giannecchini Family
Trust as follows: 1)The Oroville Professional Arts Center
located at 2854 Olive Highway, Suites A and E, Oroville. The
amendment extends the term of the lease from July 1, 2000
through September 30, 2007 with a maximum payable amount of
$69, 659.60. This is an increase of $14, 887.60. All other
terms and provisions remain the same (department budget);
2) The Oroville Professional Arts Center located at 2856
Olive Highway, Suites A, B, and C, Oroville. The amendment
extends the term of the lease from July 1, 2000 through
September 30, 2007 with a maximum payable amount of
$163,496.88. This is an increase of $22,604.40. All other
terms and provisions remain the same (department budget); 3)
The Oroville Professional Arts Center located at 2858 Olive
Highway, Suites A, B, and C, Oroville. The amendment extends
the term of the lease from July 1, 2000 through September
30, 2007 with a maximum payable amount of $198,110. This
is an increase of $27,300. All other terms and provisions
remain the same (department budget); 4) The Oroville
Professional Arts Center located at 2860 Olive Highway,
Suites B and C, Oroville. The amendment extends the term
of the lease from July 1, 2000 through September 30, 2007
with a maximum payable amount of $65,444.95. This is an
increase of $8,053.50. All other terms and provisions remain
the same (department budget); 5) The Oroville Professional
Arts Center located at 2860 Olive Highway, Suites D and E,
Oroville. The amendment extends the term of the lease from
July 1, 2000 through March 31, 2007 with a maximum payable
amount of $81,018 over the multi-year term of the lease.
This is an increase of $1,610. All locations are utilized
by the Youth Services Division. All other terms and
provisions remain the same (department budget) - APPROVE
AGREEMENT AMENDMENTS (5) AND AUTHORIZE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract Nos. X11827, X11836, X11826, X11825, X11824)
4. Feather River Hospital - approval is requested for a letter
in support of fair compensation for Feather River Hospital
in Paradise. The Hospital is facing potential decreases in
reimbursement rates by United Healthcare - action requested
- APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN.
0707-002 5. Budget Transfer - Local Area Formation Commission (LAFCo) -
approval is requested for a transfer of $1,858 from the
General Fund Appropriations for Contingencies to LAFCo's
budget unit to increase the appropriation for the County
contribution to LAFCo. In June 2006, certain support service
charges to LAFCo from the County were adjusted, but a
corresponding adjustment to the County contribution was not
done at that time - action requested - APPROVE BUDGET
TRANSFER B-324 ACCEPTING AND APPROPRIATING FUNDS AS DETAILED
IN THE AGENDA REPORT.
PAGE 2 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 10, 2007
6. Consent of City Acquisition of Extra-Territorial Property -
approval is requested to give consent to the City of Chico
to acquire extra-territorial property. In the expansion of
the City of Chico's Water Pollution Control Plant, the City
must acquire an easement from one property owner. The area
in question is outside of the territorial limits of the City
of Chico. California Government Code 37351 provides for such
extra-territorial acquisitions when it is necessary for
municipal services - action requested - APPROVE CITY'S
ACQUISITION OF EXTRA-TERRITORIAL PROPERTY AS DETAILED IN THE
AGENDA REPORT; AND DIRECT THE PUBLIC WORKS DIRECTOR TO NOTIFY
THE CITY OF CONSENT.
7. Tamara Miller, PE - amendment - approval is requested for an
amendment to the agreement with Tamara Miller, PE for the
provision of engineering services related to the submittal
of a loan application to the State Water Regional Control
Board for sewer installation in the Greater Chico Urban Area.
The amendment extends the term of the agreement through
December 31, 2007 and increases the maximum payable by
$10,000. The additional appropriation will be paid from
County Service Area 114 - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X15936)
8. Resolution Extending a Non-Exclusive Cable Television
Franchise for the Unincorporated Areas of Butte County -
consideration of a resolution extending the term of the
agreement with Comcast of Southern California, Inc., an
Oregon corporation and Comcast of Northern California II,
Inc., a California corporation. The time required to
conclude negotiations and allow for public review will extend
beyond the initial expiration date. In order to avoid
interruption of cable service, it is in the public interest
to extend the current franchise through October 31, 2007 -
action requested - ADOPT RESOLUTION 07-061 AND AUTHORIZE THE
CHAIR TO SIGN.
PacE 3 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 10, 2007
0707-002 9. Memorandum of Understanding (MOU) between Child Support
Services and Information Systems - approval is requested for
this MOU in order to comply with requirements relating to the
submittal of Child Support Services Annual Electronic Data
Processing (EDP) Budget. Local Child Support Agencies (LCSA)
must submit a current MOU between the LCSA and the County
Information Systems department as part of the annual EDP
budget request process - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
10. Fixed Asset Purchase - approval is requested for a lease
purchase with the Ford Motor Company for a vehicle for the
Environmental Investigator. The accounting practices for
recording lease/purchases have changed, requiring the lease
be booked into the fixed asset account for the purchase
price. Loan proceeds will offset the purchase - action
requested - APPROPRIATE UNANTICIPATED REVENUE B-329 AS
DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET
PURCHASE AND PAYMENT PLAN.
11. Fixed Asset Purchase - approval is requested for the purchase
of a high quality printer to be used for creating employee
photo ID cards for security reasons. In September 2006, the
machine that the department had been using began to
malfunction and ultimately stopped working. The new printer
will automatically laminate the cards and prevent images from
degrading. The cost of the printer, including tax, freight,
labor, testing, badge stock, ribbons, lamination materials
for up to 2,000 badges is $15,122 (department budget) -action
requested - APPROVE FIXED ASSET PURCHASE OF PRINTER.
PacE 4 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 10, 2007
0707-002 12. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: ADMINISTRATION -FACILITIES SERVICES - adds one
term position of Janitor to end June 30, 2007.
ADMINISTRATION - due to reorganization, the department is
requesting to change the headings of the following sections:
Section 10 - from Administrative-General Services
Administration to General Services-Administration; Section
12 - from Administrative-Purchasing to General Services-
Purchasing; Section 56 - from Administrative-Veterans'
Service Office to General Services-Veterans' Service Office;
Section 62 - from Administrative-Facilities Services to
General Services-Facilities; Section 63 - from
Administrative-Central Duplicating to General Services-
Central Duplicating; Section 64 - Administrative-Central
Stores to General Services-Central Stores. These changes
will be effective on April 16, 2007. ADMINISTRATION -
deletes one classification of Deputy Director, General
Services and adds one position of Assistant Director, General
Services to be set at salary range 66. This will be
effective April 16, 2007. HUMAN RESOURCES - requests a
change in the salary range of the Labor Relations Officer
from range 64 to range 68 as the department has determined
that the current salary has been a deterrent to recruiting
qualified candidates for the position -action requested -
ADOPT RESOLUTION 07-062 AND AUTHORIZE THE CHAIR TO SIGN.
13. Library Donations - pursuant to Government Code Section
25355, donations of $100 from Carol E. Gardner, $1,406.65
from Paradise Friends of the Library, $100 from Maudie
Penney, $100 from Peter Panchesson, $560 from Chico Friends
of the Library, and $410 from an anonymous donor, have been
received for the Butte County Trust Fund for the purchase of
books - action requested - ACCEPT DONATIONS AND AUTHORIZE
LETTERS OF APPRECIATION.
14. Budget Transfer - approval is requested for a budget transfer
of $32,000 from General Fund Contingencies. Due to an ongoing
staffing issue, there is a shortfall of extra help and
overtime allocations - action requested - APPROVE BUDGET
TRANSFER B-327 ACCEPTING AND APPROPRIATING FUNDS AS DETAILED
IN THE AGENDA REPORT.
15. Juvenile Justice Crime Prevention Act - consideration of a
resolution authorizing application to the California
Department of Corrections and Rehabilitation, Corrections
Standards Authority, for the County's per capita funding
distribution under the Schiff-Cardenas Crime Prevention Act
of 2000. The department's distribution for Fiscal Year
2007/2008 is projected to be $693,751 with no County matching
funds required - action requested - ADOPT RESOLUTION 07-063
AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHIEF
PROBATION OFFICER TO SIGN APPLICATION ON BEHALF OF THE
COUNTY.
PAGE 5 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 10, 2007
0707-002 16. Juvenile Accountability Block Grant - consideration of a
resolution authorizing application to the Corrections
Standards Authority for $12,403 in grant funds. The grant
requires a $1,378 cash match from the County (proposed
department budget). The grant's goal is to reduce juvenile
offending through accountability-based initiatives that focus
on both offenders and the juvenile justice system - action
requested - ADOPT RESOLUTION 07-064 AND AUTHORIZE THE CHAIR
TO SIGN; AND AUTHORIZE THE CHIEF PROBATION OFFICER TO SIGN
GRANT APPLICATION AND GRANT DOCUMENTS ON BEHALF OF THE
COUNTY.
17. Budget Transfer and Fixed Asset Purchase - approval is
requested for a transfer of a portion of funds that were
originally designated for the remodel of the Public Health
Laboratory. The remodel project was re-evaluated and will
not be completed at this time. The department requests a
transfer of $30,000 as detailed in the agenda report to cover
the purchase of modular furniture for the reception area of
the Public Health Clinic located in Chico - action requested
- APPROVE BUDGET TRANSFER B-325 ACCEPTING AND APPROPRIATING
FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED
ASSET PURCHASE OF MODULAR FURNITURE.
18. Redwood Toxicolgy Laboratory, Inc. - amendment - approval is
requested for an amendment to the agreement with Redwood
Toxicology Laboratory Services, Inc., for the provision of
drug test screening services. The amendment extends the term
of the agreement through June 30, 2008 and increases the
maximum amount payable by $64,000 (department budget). All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X15491)
19. Private Industry Council - amendment - approval is requested
for an amendment to the sublease agreement with the Private
Industry Council for the property located at 202 Mira Loma,
Oroville. The amendment increases the funds available for
change orders, modifications and design changes by $140,000
(department budget) for Fiscal Year 2006/2007. All other
terms and provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X13127)
PAGE 6 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 10, 2007
0707-002 20. Fixed Asset Purchases - approval is requested for fixed asset
purchases using grant funds that will assist health care
agencies within the County to be prepared for emergencies.
The Public Health department currently administers the Health
Resources and Services Administration (HRSA) National
Bioterrorism Hospital Preparedness Program grant. The
following fixed asset items will be purchased and transferred
upon receipt to the agency listed: one Surge Capacity Trailer
and sixteen portable hospital beds for Enloe Hospital in the
amount of $15,000; one Surge Capacity Trailer and eleven
portable hospital beds for Oroville Hospital in the amount
of $11,200; one Surge Capacity Trailer and eleven portable
hospital beds for Feather River Hospital in the amount of
$11,200; one Surge Capacity Trailer and eight portable
hospital beds for Feather River Tribal Health in the amount
of $9,500; and one Surge Capacity Trailer and eight portable
hospital beds for Biggs-Gridley Hospital in the amount of
$9,500 (department budget) - action requested - APPROVE FIXED
ASSET PURCHASES; AND APPROVE DONATION OF ITEMS AND TRANSFER
OR OWNERSHIP TO APPROPRIATE AGENCY.
21. Introduction of an Ordinance Establishing Speed Limits on
Certain Roads Within the County of Butte - approval is
requested for an ordinance which will establish a speed limit
of 35 miles per hour on West Sacramento Avenue from 0.2 miles
west of Glenwood Avenue to the Chico City Limits - action
requested - WAIVE READING OF THE ORDINANCE.
22. Award for Bid of Construction of Ophir Road and Lincoln Blvd
Signalization, County Project No. 21461-98-2 -approval is
requested to award the contract for County Project No. 21461-
98-2 to the lowest responsive bidder, Granite Construction
Company. The project includes construction of an eight-phase
traffic actuated signal system, roadway widening, extension
of a concrete box culvert and corrugated steel pipe
structures, construction of turn pockets, and an overlay and
striping of the roadway. The project Bids were opened on
March 28, 2007 with two bids received. The bid in the amount
of $1,108,854 from Granite Construction Company was
determined to be the lowest responsive and responsible bid -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN; AND AWARD BID TO GRANITE CONSTRUCTION COMPANY.
23. Resolution Recognizing Butte County Sheriff's Office
Volunteers - consideration of a resolution that recognizes
the numerous volunteer organizations and hundreds of
volunteers that assist the Sheriff's department and the
community of Butte County. April is National Volunteer
Appreciation Month - action requested - ADOPT RESOLUTION 07-
065 AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 7 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 10, 2007
0707-002 24. Budget Transfer and Fixed Asset Purchase - approval is
requested for a transfer of Off-Highway Vehicle (OHV) Funds
to the revenue account in the Special Enforcement Unit as the
department was informed that the OHV Trust Fund needed to be
liquidated as recommended by an external audit of the
Auditor's office. Approval is also requested for the
purchase of two sport utility vehicles to allow better
accessibility to mountainous areas. Any remaining balance
will be used to purchase an all-terrain vehicle(s) and/or
snow machine(s) - action requested - APPROVE BUDGET TRANSFER
B-326 ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE
AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASES OF TWO SPORT
UTILITY VEHICLES AND 2-3 OFF HIGHWAY MACHINES.
25. Budget Transfer - approval is requested for a transfer of
$2,000 from Appropriations for Contingencies to Water and
Resource Conservation for the Resource Conservation District
(RCD) RCD is requesting the transfer to meet general
expenses - action requested - APPROVE BUDGET TRANSFER B-328
ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA
REPORT .
26. Resolution to Approve the 2007 Basin Management Objectives
Developed by the Butte County Water Advisory Committee for
the Sub-inventory Areas of Butte County in Accordance with
Butte County Code Chapter 33A - consideration of a resolution
approving Basin Management Objectives (BMOs) for each of the
16 sub-inventory areas which define acceptable groundwater
levels, groundwater quality and land subsidence - action
requested - ADOPT RESOLUTION 07-066 AND AUTHORIZE THE CHAIR
TO SIGN. (68)
27. Permit Fee Waiver - Butte County Habitat for Humanity, a
501(c)(3) organization, has requested a fee waiver for
permits required to build a project on Wyandotte Avenue near
Oroville - action requested - PURSUANT TO THE BUTTE COUNTY
CODE SECTION 3-40.5, FIND THAT THE PROJECT IS IN THE PUBLIC
INTEREST AND APPROVE A WAIVER OF ALL FEES ASSOCIATED WITH
REQUIRED PERMITS.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA _
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RICHARD PRICE, THE AGRICULTURAL COMMISSIONER, SHARED THE HONOR GIVEN TO HIM
BY THE CALIFORNIA RICE COMMISSION. A PLAQUE WITH A PAINTING WAS PRESENTED TO
HIM TO RECOGNIZE HIS COOPERATION WITH THE DEPARTMENT OF AGRICULTURE OF GLENN
COUNTY TO IMPROVE WATER QUALITY, IN PART, THROUGH THE IRRIGATED LANDS PROGRAM.
(140)
PRESENTATION OF RESOLUTION 07-065 RECOGNIZING BUTTE COUNTY SHERIFF'S OFFICE
VOLUNTEERS TO SHERIFF PERRY RENIFF. (297)
PAGE 8 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 10, 2007
REGULAR AGENDA
0707-003 Boards, Commissions and Committees.
1. Appointments to Listed Vacancies. (NONE)
2. Board Member or Committee Reports. (340)
SUPERVISOR CONNELLY REPORTED ON HIS MEETING THE OROVILLE
RECREATION AREA COMMITTEE REGARDING RECREATION ISSUES AT THE
AFTERBAY.
SUPERVISOR KIRK REPORTED ON HER ATTENDANCE AT THE AUDIT COMMITTEE.
ATTENDEES AT THE MEETING INCLUDED MEMBERS OF THE GRAND JURY. (448)
SUPERVISOR JOSIASSEN REPORTED ON A MEETING REQUESTED BY A
RESIDENT, MRS. COMER REGARDING THE PROJECT AT SMUCKER QUALITY
BEVERAGE AND HER CONCERNS ABOUT THE TREES AND LANSCAPING. HE MET
WITH REPRESENTATIVES FROM SMUCKER AS WELL. IT WAS DETERMINED THAT
PG&E HAS BEEN DOING MAJOR TREE TRIMMING IN THE AREA.
0707-004 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (570)
PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, INFORMED THE BOARD
REGARDING A REQUEST FROM SANTA BARBARA COUNTY TO SUPPORT ASSEMBLY
BILL (AB) 1019. AB 1019 WOULD REQUIRE THAT WHERE LAND PROPOSED
FOR ANNEXATION OR INCORPORATION TO A CITY INCLUDES PARCELS THAT
HAVE BEEN IDENTIFIED IN A COUNTY'S HOUSING ELEMENT AS DESIGNATED
TO MEET ITS REGIONAL HOUSING NEED GOAL. THE MAXIMUM NUMBER OF
UNITS THAT MAY BE CONSTRUCTED ON THOSE PARCELS BE TRANSFERRED TO
THE ANNEXING OR INCORPORATING CITY AS PART OF ITS FAIR SHARE
REGIONAL HOUSING NEED AS SPECIFIED.
MOTION: I MOVE TO SUPPORT OF ASSEMBLY BILL 1019 AND APPROVE SUBMITTAL OF
LETTER OF SUPPORT.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
1. Resolution Opposing Senate Bill (SB) 893 - SB 893 proposes
to shift Proposition 10 tobacco tax revenues from County
Children and Families Commissions to the State to fund
children's health care coverage. This shift would result in
the elimination of a comprehensive range of services
including home visiting, early intervention programs, oral
health care, nutrition efforts, and school readiness programs
funded by our local First 5 Commission - action requested -
ADOPT RESOLUTION 07-067 AND AUTHORIZE THE CHAIR TO SIGN.
(710)
PAGE 9 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 10, 2007
MOTION: I MOVE TO ADOPT RESOLUTION 07-067 AND AUTHORIZE THE CHAIR TO SIGN.
_ M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Ratify Letter - Councilwoman Hoffman of the Town of Paradise
requests Board ratification of letter dated March 20, 2007
to the Town Council of Paradise regarding the Skyway - action
requested - RATIFY LETTER. (767)
PARADISE TOWN COUNCILWOMAN, ROBIN HUFFMAN, SPOKE TO THE BOARD
REGARDING HER OPINION ON THE NEED FOR A PLAN FOR DEVELOPMENT.
(912)
MOTION: I MOVE TO RATIFY THE LETTER. (1448) _
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0707-005 Update of General Plan 2030 Process by Director-Development
Services. (1472)(1723)
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, GAVE THE NINTH
UPDATE ON THE GENERAL PLAN 2030 PROCESS. HE REPORTED ON THE
CITIZEN'S ADVISORY COMMITTEE MEETING HELD ON MARCH 29, 2007. HE
REPORTED ON THE MEETING WITH THE CITY OF BIGGS. HE REVIEWED
FUTURE MEETINGS INCLUDING A BOARD STUDY SESSION AT THE BOARD OF
SUPERVISORS MEETING ON MAY 8, 2007, THE GENERAL PLAN 2030 WEBSITE,
AND OTHER INFORMATION RELATED TO GENERAL PLAN 2030. (2026)
RECESS: 10:02 A.M.
RECONVENE: 10:17 A.M.
PUBLIC HEARINGS AND TIMED ITEMS
0707-006 Mineral Resources, LLC, MIN 05-01/Use Permit 93-36 -
consideration of an appeal by the applicant of Condition 12 of the
Mining Permit approved by the Planning Commission. Condition 12
limits all mining operations on Saturdays and Sundays. The
applicant requests that the Board allow operations 24 hours per
day, 7 days per week - action requested - STAFF RECOMMENDS
APPROVAL OF #1 OF THE FOLLOWING ACTIONS:
1. APPROVE THE APPEAL OF CONDITION 12; REAPPLY MITIGATION
#9 FROM THE MITIGATED NEGATIVE DECLARATION; AND ADOPT
RESOLUTION 07-068 AND AUTHORIZE THE CHAIR TO SIGN.
OR
2. DENY THE APPEAL OF CONDITION 12; AND CONSIDER STAFF
RECOMMENDATION TO DENY THE APPEAL BUT APPROVE THE
JANUARY 25, 2007 PLANNING COMMISSION ACTION THAT
RESTRICTED WEEKEND OPERATIONS. (Development
Services) (2040)
PAGE to APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 10, 2007
SUPERVISOR KIRK AND SUPERVISOR JOSIASSEN REPORTED THAT EACH HAD EX
PARTE COMMUNICATION WITH JIM PROUTY, THE GENERAL MANAGER OF
MINERAL RESOURCES.
PUBLIC HEARING OPENED: 10:31 a.m. (2860)(*1)
PUBLIC HEARING CLOSED: 11:56 a.m.
MOTION: I MOVE TO APPROVE THE APPEAL OF CONDITION 12; REAPPLY MITIGATION
#9 FROM THE MITIGATED NEGATIVE DECLARATION; AND ADOPT RESOLUTION
07-068 AND AUTHORIZE THE CHAIR TO SIGN. (*560)
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
THE BOARD DIRECTED THE DEVELOPMENT SERVICES AND PUBLIC WORKS STAFF
TO BRING BACK THE ITEM AS SOON AS POSSIBLE TO LOOK AT ALTERNATE
TRUCK ROUTES FOR WEEKENDS FIRST AND THEN TO LOOK AT ALTERNATE
ROUTES UPON COMPLETION OF HIGHWAY 149 CONSTRUCTION. (*675)
0707-007 Public Hearing - Appeal of Planning Commission's approval of Use
Permit (UP) 06-07 to allow a private kennel for up to twelve
Australian Shepard dogs owned by Allan and Lisa Renville -
consideration of an appeal by a neighbor citing multiple concerns,
including the proximity of kennel to property line and noise
issues. The project site has an existing kennel structure and
outdoor dog run and is on a 7.01 acre parcel on the private,
unpaved Lake Hills Road in a rural residential area of Butte
Valley. The APN is 041-120-130 - action requested - DEPARTMENT
REQUESTS TO CONTINUE THIS ITEM TO JUNE 26, 2007 AT 10:30 IN ORDER
TO PREPARE AN INITIAL STUDY. [FROM 2-13-07 item 5.02] (Development
Services)
PUBLIC HEARING OPENED: 11:10 a.m.
PUBLIC HEARING CLOSED: 11:10 a.m.
HEARING WAS CONTINUED TO JUNE 26, 2007 AT 10:30 a.m.
0707-008 Public Hearing - Enloe Hospital - Tax Equity and Fiscal
Responsibility Act of 1982 - consideration of a resolution
approving issuance of $150 million in bonds for Enloe Hospital's
expansion project. The bonds will be issued by California
Statewide Communities Development Authority (CSCDA) on behalf of
Enloe Hospital. Butte County is a member of CSCDA, having adopted
a "joining resolution" and has used CSCDA to finance a number of
projects. Section 147 (f) of the Internal Revenue Code of 1986
requires that any proposed financing be approved by a governmental
unit having jurisdiction over the area in which the facility to be
financed is located. The bonds are issued as limited obligations
of CSCDA, not the County, and are payable solely out of the
revenues and receipts derived from the loan made by CSCDA to Enloe
with the proceeds of the bonds. The bonds proposed to be issued
for the financing will be indebtedness of CSCDA, and the County
will not be asked to approve or execute any of the documents
relating to the financing - action requested - ADOPT RESOLUTION
07-069 AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative
Office)
PAGE ll APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 10, 2007
PUBLIC HEARING OPENED: 11:13 a.m.
PUBLIC HEARING CLOSED: 11:14 a.m.
MOTION: I MOVE TO ADOPT RESOLUTION 07-069 AND AUTHORIZE THE CHAIR TO SIGN.
(*818)
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 11:16 a.m.
RECONVENE : 11:2 3 a . m .
REGULAR AGENDA
0707-009 Adult Protective Services (APS) - presentation by the Director of
the Department of Employment and Social Services including funding
challenges for APS - action requested - ACCEPT FOR INFORMATION;
AND AUTHORIZE CHAIR TO SIGN LETTERS OF SUPPORT FOR STATEWIDE
FUNDING FOR APS PROGRAMS. (Department of Employment and Social
Services) (*973)(*1169)(*1374)
PRESENTATION BY CATHI GRAMS, DIRECTOR OF EMPLOYMENT AND SOCIAL
SERVICE AND PATTY SMITH, ASSISTANT DIRECTOR OF CHILDREN AND ADULT
SERVICES.
MOTION: I MOVE TO AUTHORIZE CHAIR TO SIGN LETTERS OF SUPPORT FOR STATEWIDE
FUNDING FOR APS PROGRAMS. (*1445)
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0707-010 Recommendation Regarding Consulting Services for Proposal for
Ambulance Services - In October 2006, the Public Health Department
sent out a request for qualifications to consultants for the
provision of ambulance services. The department received 4
responses to the request in December 2006, and a selection
committee was established. Following the committee's initial
review, 2 firms were selected for follow-up interviews which
were conducted on February 28, 2007. The committee unanimously
agreed that consultant, Diane Akers best meets the County's
needs - action requested - ACCEPT THE RECOMMENDATION OF THE REVIEW
COMMITTEE; DIRECT THE PUBLIC HEALTH DIRECTOR, OR HER DESIGNEE, TO
NEGOTIATE AGREEMENT WITH DIANE AKERS IN THE AMOUNT NOT TO EXCEED
$198,589 SUBJECT TO FINAL APPROVAL BY THE BOARD. (Public Health)
THIS ITEM IS ON HOLD UNTIL APRIL 24, 2007. THE BOARD DIRECTED
PHYLLIS MURDOCK, DIRECTOR OF PUBLIC HEALTH TO MEET WITH PARTIES,
INCLUDING LOCAL HOSPITAL REPRESENTATIVES WHO HAVE EXPRESSED
CONCERNS REGARDING THE CONSULTANT. SHE WILL CONTACT THE
INDIVIDUALS WHO CONTACTED SUPERVISOR JOSIASSEN TO SET MEETINGS.
(*2428)
PAGE 12 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 10, 2007
0707-011 Training for County Employees - report by the Director of Human
Resources. In its response to the 2005/2006 Final Grand Jury
Report, the Board of Supervisors directed the Chief Administrative
Officer and Director of Human Resources to prepare a plan and
resource request to institute a mandatory supervision and
management program for all departments - action requested - ACCEPT
FOR INFORMATION AND PROVIDE STAFF DIRECTION. (Human Resources)
(*2526)(*2981)(*3141)(*3260)
PRESENTATION BY JEAN GRAVETTE, DIRECTOR OF HUMAN RESOURCES.
THE BOARD DIRECTED THE DIRECTOR OF HUMAN RESOURCES TO WORK WITH
THE CHIEF ADMINISTRATIVE OFFICER AND CAO STAFF TO DEVELOP A MORE
COMPREHENSIVE PROPOSAL ON HOW TO MAKE TRAININGS MANDATORY FOR
MANAGERS.
0707-012 Bureau of Land Management (BLM) Proposal to Relinquish or Abandon
Two Bridges on Ponderosa Way - Butte County received a letter from
BLM asking the County if Old Ponderosa Way and 2 associated
bridges over Butte Creek and the Middle Fork of the Feather River
are still needed. If they are needed, BLM inquired what the
County's plans are for providing long term maintenance - action
requested - DIRECT PUBLIC WORKS TO COORDINATE A MEETING WITH
CONGRESSMAN HERGER'S OFFICE AND BLM TO CONSIDER EITHER OF THE
FOLLOWING:
1. RESPONSE TO BLM THAT THE ROADS AND BRIDGES ARE
NEEDED FOR PUBLIC ACCESS AND CIRCULATION AND THAT
BLM, AS THE GOVERNMENT ENTITY RESPONSIBLE FOR THE
CONSTRUCTION OF THESE PUBLIC IMPROVEMENTS, NEEDS
TO PROVIDE THE NECESSARY MAINTENANCE.
OR
2. RESPONSE TO BLM THAT THE ROADS AND BRIDGES ARE
NEEDED FOR PUBLIC ACCESS AND CIRCULATION AND THAT
THE COUNTY WILL CONSIDER ACCEPTING THEM INTO THE
COUNTY MAINTAINED ROAD SYSTEM IF BLM COMPLIES
WITH COUNTY POLICY AS ESTABLISHED BY REGULATION
65-70 WHICH INCLUDES: A) ROADS, BRIDGES,
DRAINAGE FACILITIES TO BE BROUGHT TO COUNTY
IMPROVEMENT STANDARDS; B) OWNER (BLM) TO CONVEY
THE COUNTY BY DEED, THE NECESSARY RIGHT OF WAY
AND EASEMENT.
PUBLIC WORKS WILL RETURN TO THE BOARD WITH A FULL
REPORT AND ANY RECOMMENDED ACTIONS AT THE
CONCLUSION OF THE MEETINGS. (Public Works)
(*3431)(**0)(**1224)
THE BOARD DIRECTED MIKE CRUMP, DIRECTOR OF PUBLIC WORKS DEPARTMENT
TO MEET WITH CONGRESSMAN HERGER'S OFFICE AND ALL INTERESTED
PARTIES TO DECIDE WHAT NEEDS TO BE DONE. HE WILL BRING BACK A
REPORT TO THE BOARD WHEN HE HAS ADDITIONAL INFORMATION. (**1360)
PacE 13 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 10, 2007
CLOSED SESSION
0707-013 RECESS: THE BOARD RECESSED AT 1:05 P.M. TO A CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING:
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956. 9 (a)
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100)
2. FIRST RESPONDER V. NORCAL EMS, COUNTY OF BUTTE;
BUTTE COUNTY SUPERIOR COURT 137303;
CONFERENCES WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOV. CODE SEC. 54956.8:
PROPERTY: A.P. NO. 012-041-004
AGENCY NEGOTIATOR: BRUCE ALPERT
NEGOTIATING PARTY: LESA FRANCO
NEGOTIATIONS: PRICE AND TERMS OF PAYMENT
PROPERTY: A.P. NO. 017-190-040
AGENCY NEGOTIATOR: MIKE CRUMP, DIRECTOR, PUBLIC WORKS
NEGOTIATING PARTY: REPRESENTATIVE, JOHN F. GUERRERO
TRUST
NEGOTIATIONS: PRICE AND TERMS OF PAYMENT;
PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING:
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. CHIEF ADMINISTRATIVE OFFICER
2. COUNTY COUNSEL
3. DIRECTOR OF WATER AND RESOURCE CONSERVATION
RECONVENE: THE BOARD RECONVENED AT 2:15 P.M. FROM A CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING:
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956. 9 (a)
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100)
2. FIRST RESPONDER V. NORCAL EMS, COUNTY OF BUTTE;
BUTTE COUNTY SUPERIOR COURT 137303;
CONFERENCES WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOV. CODE SEC. 54956.8:
PROPERTY: A.P. NO. 012-041-004
AGENCY NEGOTIATOR: BRUCE ALPERT
NEGOTIATING PARTY: LESA FRANCO
NEGOTIATIONS: PRICE AND TERMS OF PAYMENT
PROPERTY: A.P. NO. 017-190-040
AGENCY NEGOTIATOR: MIKE CRUMP, DIRECTOR, PUBLIC WORKS
NEGOTIATING PARTY: REPRESENTATIVE, JOHN F. GUERRERO
TRUST
NEGOTIATIONS: PRICE AND TERMS OF PAYMENT;
PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING:
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. CHIEF ADMINISTRATIVE OFFICER
PacE 14 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 10, 2007
2. COUNTY COUNSEL
3. DIRECTOR OF WATER AND RESOURCE CONSERVATION (NO
ANNOUNCEMENTS)
REGULAR AGENDA
0707-014 Sale or Lease of Almond Avenue Gravel Pit - The Almond Avenue Mine
is an underutilized asset. A subcommittee was formed to explore
better uses of the site, and the subcommittee recommends that the
County lease the site and sell the rock on site to an operator.
In accordance with Government Code Section 25500, the department
recommends the following minimum requirements for lease or sale:
$1,000 minimum monthly lease payment; minimum royalty of $.40 per
ton on rock removal from the site; adjustment to royalty annually;
10 year initial lease term with additional 5 year term subject to
Board approval; site to be maintained by operator; operator
responsibility to secure required permits and compliance with
current reclamation plan. In order to allow time to analyze bids
received, it is recommended that the Board issue an order pursuant
to Government Code Section 25539 that will allow award of sale at
the second Board meeting after the meeting in which the bids are
received - action requested - DIRECT PUBLIC WORKS TO RETURN TO THE
BOARD WITH A RESOLUTION OF INTENT TO LEASE THE SITE; DIRECT PUBLIC
WORKS TO DEVELOP A LEASE AGREEMENT IN COMPLIANCE WITH THE NOTICE
OF INTENT; AND ISSUE A MINUTE ORDER APPROVING ALTERNATE SALES
PROCEDURE PURSUANT TO GOVERNMENT CODE SECTION 25539. (Public
Works)(**1486)(**1662)(**1724)
MOTION: I MOVE TO DIRECT PUBLIC WORKS TO RETURN TO THE BOARD WITH A
RESOLUTION OF INTENT TO LEASE THE SITE; DIRECT PUBLIC WORKS TO
DEVELOP A LEASE AGREEMENT IN COMPLIANCE WITH THE NOTICE OF INTENT;
AND ISSUE A MINUTE ORDER APPROVING ALTERNATE SALES PROCEDURE
PURSUANT TO GOVERNMENT CODE SECTION 25539. (**1843)
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0707-015 Items Removed from the Consent Agenda for Board Consideration and
Action. (NONE)
PAGE 15 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 10, 2007
0707-016 Discussion of Oroville Veteran's Memorial Hall Land
Acquisition/Grant Funding - Butte County and the City of Oroville
have been in negotiations for some time regarding how to proceed
with the transfer of several parcels of real property located on
Montgomery Street adjacent to the Veteran's Memorial Hall
Building. On March 29, 2007, a letter authorized by the Board of
Supervisors was sent to the City of Oroville outlining a proposal
suggesting the City of Oroville apply for grant funds for land
acquisition only. Information has been received that the City of
Oroville does not want to proceed in the manner suggested by the
County - action requested - RECEIVE INFORMATION ON ALL DISCUSSIONS
AND NEGOTIATIONS WITH THE CITY OF OROVILLE AND PROVIDE STAFF
DIRECTION ON HOW TO PROCEED.
THE BOARD DIRECTED COUNTY COUNSEL TO WORK COOPERATIVELY WITH THE
CITY OF OROVILLE AND THE STATE TO CLARIFY WHAT THE STATE
REQUIREMENTS ARE REGARDING REDEVELOPMENT AGREEMENTS AND RETURN TO
THE BOARD WITH ADDITIONAL INFORMATION.
PUBLIC COM[IENT
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. (NONE)
CLOSED SESSION
0707-017 RECESS: THE BOARD RECESSED AT 2:52 P.M. TO A CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING:
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956. 9 (a)
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100)
2. FIRST RESPONDER V. NORCAL EMS, COUNTY OF BUTTE;
BUTTE COUNTY SUPERIOR COURT 137303;
CONFERENCES WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOV. CODE SEC. 54956.8:
PROPERTY: A.P. NO. 012-041-004
AGENCY NEGOTIATOR: BRUCE ALPERT
NEGOTIATING PARTY: LESA FRANCO
NEGOTIATIONS: PRICE AND TERMS OF PAYMENT
PROPERTY: A.P. NO. 017-190-040
AGENCY NEGOTIATOR: MIKE CRUMP, DIRECTOR, PUBLIC WORKS
NEGOTIATING PARTY: REPRESENTATIVE, JOHN F. GUERRERO
TRUST
PAGE 16 APRIL 10, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
NEGOTIATIONS:
MINUTES -APRIL 10, 2007
PRICE AND TERMS OF PAYMENT;
PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING:
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. CHIEF ADMINISTRATIVE OFFICER
2. COUNTY COUNSEL
3. DIRECTOR OF WATER AND RESOURCE CONSERVATION
RECONVENE: THE BOARD RECONVENED AT 3:35 P.M. FROM A CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING:
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956. 9 (a)
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100)
2. FIRST RESPONDER V. NORCAL EMS, COUNTY OF BUTTE;
BUTTE COUNTY SUPERIOR COURT 137303;
CONFERENCES WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOV. CODE SEC. 54956.8:
PROPERTY: A.P. NO. 012-041-004
AGENCY NEGOTIATOR: BRUCE ALPERT
NEGOTIATING PARTY: LESA FRANCO
NEGOTIATIONS: PRICE AND TERMS OF PAYMENT;
PROPERTY: A.P. NO. 017-190-040
AGENCY NEGOTIATOR: MIKE CRUMP, DIRECTOR, PUBLIC WORKS
NEGOTIATING PARTY: REPRESENTATIVE, JOHN F. GUERRERO
TRUST
NEGOTIATIONS: PRICE AND TERMS OF PAYMENT;
PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING:
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. CHIEF ADMINISTRATIVE OFFICER
2. COUNTY COUNSEL
3. DIRECTOR OF WATER AND RESOURCE CONSERVATION (NO
ANNOUNCEMENTS)
ADJOURNMENT THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE
MEETING WAS ADJOURNED AT 3:32 p.m., TO RECONVENE AT A
REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY,
APRIL 24, 2007, AT 9:00 A.M.
JANE DOLAN, CHAIR
ATTEST:
Paul McIntosh, Chief Administrative
Officer and Clerk of the Board
PAGE 17
APRIL 10, 2007