Starlyn Brown, Interim Chief Administrative Officer and ('lcrk of the Board

('ounty Supervisors

Bill Connelly, District 1 Jane Dolan, District 2

Maureen Kirk, District 3 Curt Josiassen, District 4

Kim Yamaguchi, District 5

Bruce Alpel-t, County ('ounsel

1.01 Call to Order - Board of Supervisor-s Room, County A d r n l r i i s t r at 1011 Hulldlng, 2 5 County Center D l - i ve, Orovllle.

1.02 Pledge of Allegiance to the Flag of the Unlted States of America.

1 .03 Observat 1 o r 1 of a Moment of Sllence .

2 . 0 0 CORRECTIONS AND/OR CHANGES TO THE AGENDA.

ASSESSOR 3 . 0 1 * Resolution Authorizing Low-Value Exempti-on from Taxation of a Transitory Use Possessory Interest in a Publicly-Owned Fairground - approval is requested for this resolution pursuant. to Sect-ion 155.20 of the California Revenue and Taxation Code. The law releases the county Assessor of the responsibility to assess transitory possessory interests having a base year value or full value of $50,000 or less as the assessment can cost the County more money than the taxes received - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.

BEHAVIORAL

HEALTH 3.02 * Butte County Behavioral Hea1t.h Board - action requested. - APPOINT DR. BRlJCE AIKIN AS A CONSUMER MEMBER TO A TERM TO END DECEMBER 31, 2009.

3.03 * Vict.or Treatment Centers, Inc. - approval is requested for a sole source agreement with Victor Treatment Centers, I n c . for the provision of day treatment services, medication support, residential services, and crisis intervention to mentally ill youth. The term of the agreement is July 1, 2007 through June 30, 2008 with a maximum amount payable of $192,150 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO STGN SIJBJECT TO REVIEW BY (IOUNTY COUNSEL AND THE AUDITOR-CONTROLILER.

Brl.r,r~: Cor;h,r\. Bo..\KL) 01: S ~ I P E K ~ ' I S ~ K S A(;E:NI).\ - O('.I'OUE:I~ 23, 2007

3.64 * Safe arid Cir-~y Free Scliools arid C':inimunities Grant -

approval is reques t-ed to accept and approprlat e $165,387 grant furids frorr~ the State Department of Alcohol and Urugs Programs. The Department of Behavioral Hea1t.h has received a five year grant to sustain, enhance, and expand drug and violence prevent I on s r r vic:es t-hrougll tile Butte Youth Impact project . The te rm of the grant agreement is October 1, 2007 t.hroilgh September 30, 2012. The amount received is a portion of the first year's allocation - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTlCLPATED FUNDS AS DETAILED IN THE AGENDA REPORT.

3.05 * Resolution Approving Fiscal Year- 2007/2008 County Plan Regarding Substarlce Abuse and Crime Prevention Act of 2000 and Offerlder Treatment Program - approval is requested for- the resolution approving the County's plan as required by Title 3 of the California Code of Regulations. Funding for Fiscal Year 2007/2008 will be $900,061 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.

3.06 * 2007 National Exemplary Award for Innovative Substallce Abuse Prevention Programs, Practices and Policies -

approval is requested to accept and appropriate $1,500 received from the National Association of State Alcohol and Drug Directors to be used in the Department of Behavioral Health's Prevention Program - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT.

3.07 * State of California Department of Mental Health Revenue (DMH) - approval is requested to accept and appropriate $83,100 from DMH to be used for planning the Workforce Eaucatio~l and Trainin9 component of the Mental Health Service Act - action requested - APPROVE BUDGET T W S F E R (4/5 vote requi-red) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT.

3 .08 * Tulare County Superintendent of Schools - approval is requested for a revenue agreement with Tulare County for the Friday Night Live mentoring program. The t.erm of the agreement is October 1, 2007 through September 30, 2008 with a maximum amount to be received of $33,500 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. R40987)

I',\(;E 2 OCTOBER 23,2007

Br:,r.rb: Cot NIT Ro.-\HI) OF S I I P E R \ ' I S O R S .A(;~:NI):z - OC'.I'OBEK 2 3 , 2007

CHIEF ADMINISTRATIVE

OFFICE 3.09 * Resol ut-ion Accept~ng the Pl-oposed Targeted Employnlent Ax-ea (TEA) for- tlie Clroville Enterprise Zone -

consideration of a resolution to accept the boundaries of an updated TEA. 'The new Or-ovil le Erlterpr-ise Zone nas received r i i t i o 1 1 tlesiyrldtiori Lrorrl the California Depar-t-ment of Housing arid Community Development . In 0 7 - ~ P T - tc-I ~-ereive official designation, it is required that. hot-h t.he Board of Supervisors and the Oroville City Council adopt r-esolut ions approving the updated TEA - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.

3.10 * Resolution Approving Incr-eased Distribution of Existing Civil Filing Fees - conslderdtiorl of a resolution that w j 11 increase the dist-ribut-ion of existing civil filing fees for alternate dispute resolution programs from $3.00 to $8.00, as allowed by Section 470.5(c) of the the Business and Professions Code - action request.ed - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.

3 .I1 * Fixed Asset Authority approval is requested for fixed asset purchases that were included in department appropriations during the 2007/2008 budget process but were inadvertently left off of the schedule of fixed assets. These fixed asset purchases are: 1) An $11,000 computer server for the Sheriff's Office; 2) A $28,000 vehicle for the Sheriff's Office; 3) A $7,800 AutoCad license for a new positiorl in Public Works; 4) A $5,500 backup software upgrade for Department of Employment and Social Services; and 5) A $17,000 envelope printer for the Clerk-Recorder's office - action requested -

APPROVE FIXED ASSET PURCHASES.

3.12 * Reissue Time-Expired Check approval is requested to L e i s s u e t i lue-expired cliech riuu-bc~ 1420 659187 in the amount of $116.79 dated November 11, 2002. The Auditor-Controller has verified that the check is time expired and has not been reissued - action requested -

DIRECT AUDITOR-CONTROLLER TO REISSUE TIME-EXPIRED CHECK.

3.13 * Medical Liability Insurance Program - approval is requested to appropriate a total of $67,239 in funds as detailed in the agenda report due to an increase in premiums in the Medical Liability Insurance Program -

action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.

PAGE 3 OCTOBER 23,2007

RII ' I"~ 'E Co(i>.~.\. BOAKL) OI; SI:PI~KC'ISOKS Ac;b:~~) . - t - OC'TOBER 23, 2007

3.13 * Tri Cour?ty Economic 1Ieveloprr:erit Corporation (TCI'UII) arr\endrnents approval is ~eyuested for amendments t.o the Master Subrecipient Agreen~ent with TCEDC and f o r 1-elated budget trans ters iri the amounts of $500,00 0 and $14, 605 as detailed in t.he agerida report. Butt-e Cou11t.y entered into the original agr-eernent on February 1, 2001 t.o provide staff se~v!c:e:: relat-ed to the Comrnllnit.;~ Development Block Grant. Program. The an1endment.s provide for the imp1 ement-at. i on and administrat ion of both the Butte County Business Incubation Program and the Business Capital Access and Loan Marketing Strategy Development Program Anal ysis - act ion requested -

APPROVE AGREEMENT AMENDMENTS AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFERS (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.

3.15 * 2008 Board Meeting Calendar - action requested - AMEND AS NEEDED; APPROVE AND ADOPT 2008 BOARD MEETING CALENDAR.

3.16 * Approval of Minutes - action requested - APPROVE MINUTES OF OCTOBER 11, 2007.

EMPLOYMENT AND SOCIAL

SERVICES 3.17 * Extension of Out of Class Assignment - approval is requested to extend the out of class assignment of an employee temporarily assigned the duties of Manager, Support Services as a I-esult of the incumbent staff member's extended medical leave of absence -- action requested - APPROVE THE EXTENSION OF OUT OF CLASS ASSIGNMENT AS DETAILED IN THE AGENDA REPORT FOR AN ADDITIONAL 180 DAYS OR UNTIL THE INCUMBENT RETURNS TO WORK, WHICHEVER OCCURS FIRST.

3 . ~ 8 * Butte County Ciii ld Abuse F~.e\icrit iori C o u r i c i l app~~ovdl is requested for an agreement with the Butte County Child Abuse Prevention Council to administer and monitor the Frank Watters and Mary Anne Houx Children's Trust Fund. Approval is also requested for a resolution which changes the name of the Trust Fund to the Frank Watters and Mary Anne Houx Children's Fund and authorizes the Child Abuse Prevention Council to receive and administer the funds - action requested -

APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT RESOLIJTION AND AUTHORIZE THE CHAIR TO SIGN.

PA(;E: 4 O<'?'OBE:K 23,2007

I ~ L ! ' I ' ' I ~ I C C : o t 1 \ ' 1 ' \ BO,AUI) OF SI'PEUI'ISORS ! \ i ; ~ . n ~ ) : \ - O('.I'OBE:U 23, 2007

GENERAL

SERVICES 3 . 1 9 * Resolution to Continue t.he Water infiltrat-ion Remediation at Court house Expansion - corisideratiorl of a resolution to corlt inuc the act i on taken by Resolutior~ Number 07-153 which was adopted at the September 25, 2 0 0 7 Board of Super-visor-s meeting. Section 2 2 0 5 0 i c ) of the Public Contract Code 1-equires that the Board adopt a resolution at each subsequent meeting unt.il t.he findings of the initial resolution are no longer relevant - action requested - ADOPT RESOLUTION (4/5 vote required) AND AUTHORIZE THE CHAIR TO SIGN.

3.20 * Western Business Products - amendment - approval is requested for an amendment to the agreement with Western Business Products for the provision of copier services. The amendment. ext-ends the term of the agreement to June 30, 2008 and incr-eases t.he maxirnum amount payable by $105,772 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.

3.21 * Vanir Construct ion Management, Inc . - amendment -

approval is requested for an amendment to the agreement with Vanir Construction Management, Inc. for the provision of site evaluation services on certain sites being considered for possible consolidation of government offices. The amendment extends the term of the agreement to June 30, 2008, increases the maximum amount payable by $28,000, and amends the scope of wor-k as detailed in the agenda r-epol-t - actiorl requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X16368)

3.22 * Donation of Surplus Computers to Biggs Teen Center -

approval 1s requested for the dorlatiorl oL five surplus computers, monitors, printers and keyboards to the Biggs Teen Center which will be housed below the Butte County Library in Biggs. The County continues to have a surplus of equipment after regular surplus sales -

action requested - APPROVE DONATION OF COMPUTERS, MONITORS, PRINTERS AND KEYBOARDS TO THE BIGGS TEEN CENTER.

3.23 * Creekridge Capital, LLC - approval is requested for a three year lease agreement with Creekridge Capital, LLC for an Automated Case File Tracking System for the District Attorney's office. Best and Final Offer (BAFO) 71-07 was sent to the two suppliers that responded to Request for Proposal (RPF) 71-07 with Creekridge Capital receiving the favorable score -

action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.

P.-\(;F. 5 O('I.OHE:K 23, 2007

RL~,I-~I,: ('or I S ' I ' ~ ' Bo:irir) OF SI'PEK\'ISC)KS A~;I<:KI)A - O<"~OHI.:K 23, 2007

3.24 * Fire St.<*tion 44 Capital PI-01 ect - approval i ,c ~-pcjliest.ed f :>I t.he appropriat yon of $10,575 as detailcd i n the agenda report to cover- the cost of the awning (:ontract and work performed by Facilities Services on t.he modular structure installed at the South C h i c l o Fire St-ation 4 4 - action reqllested - APPROVE BUDGET TRANSFER (4 / 5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.

3.25 * Resolution Establishing Responsibilities for the Implementation of the Americans with Disabilities Act (ADA) - approval is requested for a I-esolution which will supercede previous resolutions related to ADA compliance. This resolution proposes replacing t.he current advisory cornmitt-ee with staff appointed by t.he Chief Administrative Officer in order to improve the response to ADA related issues - action request-ed - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.

3.26 * Appropriation of Excess Funds from the Memorial Hall Trust Fund - approval 1s requested to appropriate $7,658.09 from cant-ingencies as detailed in t.he agenda report. This same amount was originally held in the Memorial Hall Trust Fund as unidentifiable depositor funds and will be used to acquire podiums equipped with microphones and speakers, and for tables, chairs, or carts as needed for the halls - action requested -

APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.

HUMAN

RESOURCES 3.27 * Resolution Amending Department Head Benefits - Due to a recent audit by PERS and in order to allow for appropriate reporting of salaries to PERS, the department has prepared a resolution which will amend Department Head Benefits Resolution as follows: S E C I ' I O N 16 - SEVERANCE PAY - the language "beverance pay for elected officials is discontinued effective December 31, 2006 with any accrued severance pay to be paid out to those officials subsequent to that date" will be removed. SECTION 17 - PAY PLAN - amends the language to make reference to salary ranges and the Board's ability to assign salary within the range. SECTION 18 - POST INCENTIVE - amends the language to clarify that the POST Incentives for which the Sheriff- Coroner is eligible are applied to the salary indicated in the salary ordi nance, including adjustments pursuant to Section 17 related to elected officials - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.

PA(;E 6 OC'I'OKEK 23,2007

KI.'I ' . I 'E: C ' O I ' N ' I . ~ , Bo:\KI) 0 1 : SIIPERVISOKS Ac;er\irh\ - Oc.ro13k:1< 23, 2007

3 . 2 8 * Rcso17dt. lon to Amend t-he Salary Ordinance t kle departmer~t has prepared a resolut.ion which will amend the sala~-y or-dinance as follows : IiUMAN RESOURCES -

requests t.o change Sectiorl 58 of the Salary Ordinance titled, "Sdlal-y Plan for Elected and Appointed Officials, Reference A, Appointed Department Heads" to include a mirlirr~um and maximum salary rarlqe based on perf ormanoe measures that are est abli shed by the Board of Supervi.sors as certified by the Chief Admlrlistr-at ive Officer-. This resolution also amends the lar,guage related to Section 58 as detailed in the agenda report. The department also requests to reclassiky the following positions at the Department of Enlployment and Social Services: 1) Two positions of Legal Clerk to be changed t-o Legal Off ice Specialist effective Januax-y 1, 2007 and 2) Six posi.tions of Legal Clerk to L,egal Office Specialist effective May 1, 2007. Human Resources is also requesting to add the classification of Community Relations Coordinator to Section 57f of the Salary Ordinance titled, "Management, Confidential, and Supervisory Unit." This new position will be set at salary range 56 effective July 10, 2007. EMPLOYMENT AND SOCIAL SERVICES - requests to delete the following positions: 1) Two positions of Office Specialist; Office Specialist, Senior; Legal Clerk (Class Codes 1056/1055/7029) effective January 1, 2007; and 2) Six positions of Office Specialist; Office Special ist, Senior; Legal Clerk (Class Codes 1056/1055/7029) effective May 1, 2007. The depart-ment also requests to add the following positions: 1) Two positions of Off ice Specialist; Of iice Specialist, Senior; Legal Clerk (Class Codes 1056/1055/7027) effect-ive January 1, 2007; and 2) Six positions of Office Specialist; Office Specialist, Senior; I)egal Clerk (Class Codes 1056/1055/7027) effective May I, 2007. These changes are in conjunction with the reclassification of the Legal Clerks to Legal Office Specialists. The department is also requesting to delete one position of Office Specialist; Office Specialist, Senior; Legal Clerk (Class Codes 1056/1055/7029) effective November 1, 2007 and add one position of Office Specialist; Office Specialist, Senior; Legal Clerk (Class Codes 1056/1055/7027) effective November 1, 2007. This change is in conjunction with the reclassification of the Legal Clerks to Legal Office Specialists. BEHAVIORAL HEALTH - requests to add the following: 1) One positior. of Mental Health Clinician; Mental Health Clinician, Intern; and 2) One position flexibly staffed position of Administrative Analyst, Associate; Administrative Analyst; Administrative Analyst, Senior. The department also requests to change the allocation of one vacant position of Medical Records Technician; Medical Records Technician, Senior to a 50% allocated position - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.

P.\(;I- 7 OCI'OBEK 23,2007

LIBRARY 3 29 * Accept Iloriiit~orl appro-dl 1s requested to accept the donation of computer eyuiprrierit r ecclved L roll1 Infopeoplt., a federally funded qxant prolect adrnlnl ste~ed by the Call£ ornla State Llbrary through the Peninsula Library System. The donation prov~ det3 r eplacernerlt ryuip111e1:t , 1 nc l u c i ~ n l j elc Jen lc3pt ol) computers, two storage trunks, and one LCD pro] ec tor, for an exlst lng computer lab used by Infopeople to provlde t~alnlricj for publlc llbral y staff throughout Northern Callfornla. After three years, the computer lab and equlpmerit will become the sole property of the Butte County Library - actlon requested - ACCEPT DONATION OF COMPUTER EQUIPMENT

3.30 * Accept Urlarlt icipat ed Revenue - appr-oval is requested to accept $5,600 in grant revenue received from First 5 Butte County Children and Familles Commission that will be used to expand Literacy Coach services to include Berry Creek and Oakdale Heights elementary schools -

actiorl requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING IJNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT.

PROBATION 3.31 * Northern Valley Catholic Social Services (NVCSS) - amendment - approval is requested for an amendment to the agreement with NVCSS for the provisi-on of a variety of educdtiorlal services at the Butte County Juvenile Hall. The amendment extends the term of the agreement to June 30, 2008 and increases the maximum amount payable by $8,500. 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.

3.32 * Calif ornla Depax-tment of Publlc Health (CDPH) -

appr3-;a: IS x-:q:csted For a revecuc j q ? - p e ~ p n t with CDPH - -

to provide fundlng for Public Health Emergency Preparedness. The term of the agreement is August 31, 2007 through August 9 , 2008 with a total allocation of $75,263. The State requires that two exhibits to the agreement are signed by the Chair in additiorl to the agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE EXHIBITS D(F) AND E AND AUTHORIZE THE CHAIR TO SIGN.

Brl.rn: CYorl\,ru RO:ZKI) OF S I I I ~ E K V I S ~ R S !\(;ENI),A - OC'~'OUE:K 23, 2007

PUBLIC WORKS 3.33 * Golder Assoclat es , I n . - amerldmerit approval is

requested for an amendment to the agreement with Golder Associ at-es, Irlc. for the provisio~r of Construction Qua1i.t~ Assurance (CQA) Monitoring which is required during t.he coristr.uc'tion of the M~d~~ile 4, Phase C base liner irlstallatio~l at the Neal Road .Sanit:ary Landfill, County Project No. 757- 5903. The amerldrnerit increases the maximum ainount payable by $13,982 to cover costs associated with the additional regulat-ory requirement to conduct an electr-ical leak locatiorl survey. 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 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.

OTHER DEPARTMENTS AND AGENCIES 3 . 34 * Reclamation District No. 833 - the Secret-ary of

Reclamation District No. 833 has certified that the number of Declarations of Candidacy for t.he 2007 Special District Election cycle did not exceed the number of director vacancies. Pursuant. to Elections Code Section 10515, the District is requesting the Board appoint and declare elected the candidates who filed - action I-equested - REAPPOINT CHARLES H. JOHNSON, JR. AND WLLLIAM B. FIELDER TO TERMS TO END DECEMBER 2, 2011.

4 . 0 0 REGULAR AGENDA BOARDS,

COMMISSIONS AND COMMITTEES 4.@1 Ssards , C?~~,rni ssions and conmi t t-ees .

x 1. Appointments to Listed Vacancies.

* 2. California State Association of Counties - action

requested - APPOINT REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO A ONE YEAR TERM BEGINNING NOVEMBER 15, 2007.

3 . Board Member or Cornrrlitiee Iieports.

P.A(;E 9 OCTOBER 23,2007

B[ I ' I " I ' I ~ : C ' o t N I . ~ ' Bo~\I<D OF S l I ~ I < K \ ' I S O K S Ac;e\u.,1 - O('.ro~$eu 23, 2007

BUDGET, LEGISLATIVE OR COUNTY RELATED UPDATES 4.0% Update on (hrr-ent Budget. ant3 Legislative Issues by the

Interim ('hitif Administrative Officer.

Update of (fenera1 Plan 2.030 Pr-ocess by Director- Development Services.

PRESENTATION AND DISCUSSION ITEMS 4.04 * Demonstration by CALFire ot the use of t.he Automated

External Defibrillator (AED) recently installed in the Board Cha~nbers - action requested - ACCEPT FOR INFORMATION. (Fire)

4 . U i * Decertification of Electronic Voting Systems and Impacts on 2008 Elections - presentation by the County Clerk-Recorder/Registrar of Voters - action requested - ACCEPT EG'OR INFORMATION. ( C l e r k K e c o r d e r / R e g i s t r a r of Voters)

4.06 * Tentat.ive Subdivision Map (TSM) 05-08 (Richard Ball) -

On May 8, 2007, the Board of Supervisors adopted a motion of intent to deny the appeal of a Planning Commission approval of this TSM and approve TSM 05-08 with sixteen lots rather than seventeen. The Airport Land Use Commission has determined that the I-evised subdivision map with sixteen lots is consistent with the Airport Land Use Compatibility Plan - action requested - ADOPT RESOLUTION DENYING THE APPEAL, ADOPTING THE MITIGATED NEGATIVE DECLARATION WITH FINDINGS, AND APPROVING THE TSM WITH CONDITIONS AND FINDINGS. (Development Services)

PA(;E 10 OC'~OBEU 23,2007

Br1.r.r~: (:or !h,rv K o : \ ~ i l ) 01: S I I P E K V I S O K S A(;ENI)A - O ( ' , I ' O I < I I ~ 23, 2007

4.07 * R~yuest Lor Waiver of Fees - co:ls:dtratioc of a request f r-orrl Doug and Kari Wheeler, t.he owners of ihiheeler- Rarich and Feed, for the walver ot tke application fees totaling $3,429 for a conditional use pcx-mit amendment. to increase the number of participants and operati-ng hours of an existinq equestrian events facility located at 1415 Sn~itli h e n u e , llort-h O F Giygs. The appl icant does not qualify for a waiver as a public entity or a non-prof it or-yanization as required by Butte County Code Section 1-40.5. The Board would liave to find that it is otherwise in the public int-erest to approve the waiver request. Staff recommends denial of the waiver request. - action requested - MAKE DETERMINATION TO APPROVE OR DENY WAIVER REQUEST. (Development Services)

4.08 * It-ems Removed from the Corisent Ayenda for Board Consideration and Action.

5 . 0 0 PUBLIC HEARINGS AND TIMED ITEMS

10:00 n . ~ . 5.01 * Public Hearing - Appeal of Conditiorl 12 of Tentative Parcel Map (TPM) 05-24 (Georgia Nelson) -

consideration of an appeal of a Pldrlrling Comrnissiorl approval of TPM 05-24 which is on the west side of 7"' St.reet, approximately 2,300 feet south of Thermalito Avenue, Oroville, APN 030-160-017. The applicant is appealing the requirements of Condition 12 which requires full road improvements along Middlehoff Lane and 7"' Street frontages , includiny curbs, gutters and sidewalks - act 1011 requested - ADOPrI' KESOLUTION DENYING THE APPEAL AND UPHOLDING PLANNING COMMISSION ACTION TO INCLUIIE C:ONL)l'YlON 12.

10:15 n . ~ ! . 5.02 * Public Hearing - Community Development Block Grant (CDBG) application for Virginia Avenue Infrastructure Needs Analysis - approval is requested for the submittal of an application for a $70,000 Planning and Technical Assistance grant to provide for preliminary engineering needed for improvements to Virginia Avenue located in the unincorporated area of Oroville. If the application is approved, the County will be required to provide a $1,400 cash match - action requested - ADOPT KESOLUTION APPROVING THE SUBMITTA!, OF THE GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office)

PAGE 1 1 OC'I'OBER 23,2007

10.20 ; v . 5.03 * Puullc Hear~ng - Ite~~lzed. C'ost of Nulsance Abatement L o r plopcrty lot ated at 1915 I d o ~ a Street, Orovllle, Af.N 035 175-014 Thls plopclty was abated on July 5, 2007 act~on requested APPROVE TH6 PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT Ob $6,290 49; AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL As A SPECIAL ASSESsMENT TO BE CO1,LECICI) AT THF SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE ('OLLLCTED. (Development Servlces)

10:25 A.M. 5.04 * Pubilc Hearlny - It emlzed Cost of Nulsarlce Abatement Lor property located at 2440 V7 Road, OroT~~lle, APN 078 280 040. Thls propel-ty was abated between July 9 drid July 13, 200 1 - actlo11 requested - APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $i6,22 5 .0 9 ; AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THF SAME MANNER AS PROPERTY TAXFS ARE COLLECTED. (Development Servlces)

1 0 3 0 A.M. 5.05 * Publlc Hearlng - Itemlzed Cost of Nulsance Abatement for property located at 3503 Cherokee Road, Orovllle, APN 041-480-027. Thls pr-operty was abated on July 6, 2007 - actlon requested - APPROVE I'HE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $1,788.30; AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT TiIE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE CGLLECTCD . (Ce velspncnt S e ~ - ~ - ~ e e s )

10:35 A.X. 5.06 * Public Hearing - Itemized Cost of Nuisance Abatement fox- property located at 2269 A Street, Oroville, APN 035-083-003. This property was abated on June 28-29, 2007 - action requested - APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $16,636.67; AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME 'TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. (Development Services)

R ~ I ' I " I ' E COIIU'I'\.' Bo.\HI) O F S~~PER\'ISOUS A<;b:\il).~ - OC'I'OBEK 23, 2007

10:45 A . Y . '7.0'/ * Cont.inued Pub1 lc Hear-irlcj - Wi 11 iamson Act Nan-Renewal D a t ~ an:l Cdr-lcellat.ion Applicatior; Fees t o 1 Wayne and Kathy Birkholz - Mr. Birkholz requests a Board determi nat-ion on his Not ice of Part l a l Non-Renewal date and application fees regarding Cancellatiorl of Will~arnsoli Act Contract or1 APN 026-250 021 - acticn requested - DETERMINE IF ANY ADLJUSTMENT SHOULD HE MADE TO THE DATE OF MR. BIKKHOLZ'S WILLIAMSON ACT NOrI'ICE OF PARTTAL NON-RENEWAL AND FEES ASSESSED TO PROCESS THE WILLIAMSON ACT CANCELLATION APPLICATION (CANC 05-01).

6 . 0 0 PUBLIC COMMENT

C0mment.s to the Board on issues and items not listed 011

the agenda. Presentations will be limited to f i v e minutes. Please note that pursuant to California state law, the Board of Supervisors is prohibited from taking action on any item not list-ed on the agenda.

7 . 0 0 CLOSED SESSION

7 . 0 1 CONFERENCES WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOV. CODE SEC. 54956.8:

PROPERTY : A.P. NO. 007-240-078 AGENCY NEGOTIATOR: RICHARDS HALL NEGOTIATING PARTY: CITY OF CHIC0 NEGOTIATIONS: PRICE AND TERMS OF SALjE;

PKOPEKrl'Y : A.P. NU. 047-600-005 AGENCY NEGOTIATOR: RICHARDS HALL NEGOTIATlNG PARTY: OJI TRUST NEGOTIATIONS: PRICE AND TERMS OF PURCHASE.

7 . 0 2 PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRULTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: AGRICULTURAL COMMISSIONER.

7.03 ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a!: L,AKE OROVILLE INTERVENTION (FERC PROJECT 2100).

7.04 SIGNIFICANT EXPOSURE TO LITIC~ATION PURSUANT TO GOVERNMENT CODE SECTION 54 95 6 .9 (b) ( 1 ) - ONE POTENTIAI, CASE .

P:\(;E 13 OC~I'OBEU 23,2007

I l l f o r rna t io r l ant1 I'rocetlores C'oncct-niug the , \ge~l t la ant1 ( ' o ~ i c l u c t o f t l i c K o a r t l o f Suprt - \ ihor-4 \ I e e t i t ~ g \

h l e e t i n r I ~ ~ f o t - r r l ; ~ t i o n Llccrrngs a lc gcnci-all) hc l i l t11c c c o r i ~ l , i r i ~ l t o ~ r i t l i 1 irc\d,i) of each ~ i i o ~ i t l i \ Icct~r igy \ t< i r t ;it 0.00 'I r i i Li~iil LIIK

hclt l i r i t l iC l ioa l -d of. SIIPCI\IWI\ ( ' h , ~ ~ i i O c ~ ~ . ( 'o~rri t ! ~ \ i i n i r i i i ~ t r ; ~ t i m Ii~irliir~i~. 3 ( '~1~11 i t y ( ' e r ~ t c ~ ~)I.I\C,.

O r o \ ~ l I c . :Zt the end ot'cacli yc.11 the I30,1rtl :lilol)t\ .I tilcctrng sc l icd~r lc for the upcori i lng )car. hlcctrr iy iiatcs c ;~ r i I)e cli,irigcil ;IS a r-csult of h o l r i l a > i or orhcr cieri l- , so plc;~sc chcch thc ii1cctrni: calcridar to be ccrt;llri ( o p r c i ol'thc adol,tcd rncctrriy calcntiar- for the )c:ir-:rrc a\ , i i la l~ le In ttic ('ourity 2dminrstratrvc Of f i ce (11-at tlic ( ' lc rk o f the f3oartl \\cbxrrc ;it :\ ! ? \ , I ~ I , L ! ~ ~ O I I I I L ~ VI

. \ger~tla I n f o r m a t i o n : Ihc. agenda tor evcty riicetlng o f t l ic Iioar-d I \ ~po\teti i n t iont ot ' t l ic C'ourity Admrnrstratron l3~i r l t l rng at least 71 Iio~rr-a hc lorc cacli mcctirig, atid 1s ;ivarlablc b) marl iuhscrrl>trori. e - r ~ i a ~ l SIILI~CI-I~~IOII, 01. ;it the C Icrh ~ i t l i c lio,ri-d ivcbsrtc. A copy o l t h c agcrriia c ~ r i d .;upportlng niatci ~ a l i p ro \ rded to t l ic 13oaiii o f Super-\ ~ s o r s r n c i i i b c ~ \ to c\pl;irn each agcnda 1tcr1i (c \c Iu i l r r ig ilocurncrits th,lt .~rc not a p ~ l b l r c rccort l \\rihrrl the i i l c a ~ i ~ n g o f t h c I'~rb1ic I<ccords 4 c t ) arc a \ a ~ l a b l c for q o ~ i r rcvle\\ at the ( 'ounty .Adm~nrstr:~t~\.c 0t.f icc. ihc ('hrco. O r o \ , ~ l l c . and P,l~,ldrsc I i b r a ~ ~ c s (plc:isc do not r c m o l c r tc l i i i i t urn t h e w l i lcs j , and at tlie (-'Icr-h o f t h e l3o:1r-d \vchsrtc C ' o p ~ c i o f . s ~ ~ p l x ) r t r ~ l ? n ia tu ia ls can be inadc fur 1ou at .I cti;irgc to c o \ c ~ costs I lie 11x1 ofconim~rnrcat ior is ~ r i c l ~ ~ d c d I\ rtli the ;~gcncl,~ pachageb 15 not coml,r-clicnir\c .\dclrtronaI corlilnLirlrcatroris to the l {oar i l of Supern rhors riia) h,i\c hccri I-ccelved b ~ r t not rncludcd In the agcnd:~ .;ul,portrng 111atc1 l i ~ l . ('0111~s o f ;~ l l coIiiriiLinlc;1t1011\ 1ccer\ec1 by the I30;ird o l~Sul)er \ rsor\ ( c u c l u d ~ i i ~ ~ d o c u r i i c n t ~ that LIIC riot .I plit>11c recold \vitlirn t l ic mcanrng o f t h c f'ii1)lrc I<ccords Ac t ) are a\a i lab le rlt the :\ilniin~str-at~vc.Offiec ~ r j x i n re i l~ i cs t !\[I ( * j ;~ppe~ir r i ig befor-c ;in agcnda rtcni irynr t'lcs that niatci ial ha.; bccti pro^ idccl to rlic l3oar-il of Super \ I S O I ~ r i icrnl~crs to c\pl,irri that I tem

Agent la F o r m a t ant1 Rleet inp Or t le r : I he ascniia IS L I S U ~ I I ~ or-gari~/ed in to the lu l lo \ \ Ing arcas.in[l nneet~nysgcncr-,~lIyprocccd 111 the fol lo\vrng ortlel-

I (~'onscnt i \qct ida thcsc a1.c ~ tc i i i s that ,ire c o n ~ ~ d e r c d ~ro~i t r r ie i ind a ic handled h y one motron 2nd vote o f t l i c Boar-d I f you \\lib to drsc~rss any ~ t c n i on the C'vnscnt Agcrid;~ you can crthcr t i l l out a spc,ihcr c,~i-d ( located i n the hrlch o f t l i c bo'ird ~ o o m ) and give rt to the ( ' lcrh o f t l i e U o i ~ r d i s ~ t t r n g to the rrght ot ' t l ic Board) or-. n h c n t l ic ( ha11 ask.; ~ t ' t l i c r c 1s anytl irng ;in!,onc \ \o l r ld Irhc to r e m o \ c ti-on] tlic ('orlsent Agend~i , stand and apl,roacti the poci r~rm and i-ccl~re\t the rtciii he r c m o \ c d I l ie r e n o \ cd i t e ~ i i s arc ~ I S C L I S S C ~ ;it the end o f t h c K c ~ ~ i l r l r Asencia

7 - ficgu1;ir A ~ c n i l a - this 1s \\ Iierc prcscnt,~tron\ to the Board ant1 rtcrli\ [hat reclurrc fill1 i l ~ ~ c i r s h i o n ;rrc hear-d Items ~-crno\ccl f ro i i i the ('onscrit Agenda :ITC d rsc~~sscd unilcr- thrs sectroil

I 'L I~~IC I IC~II III!: and .l.~rncif Itenis. this 15 \ \here r t c~ i i s that arc rcq~111-cd b \ law to he heard ;is rl publrc I icaring arc set. '1 111s 15 the scctron \\ l iere appeals h c f o ~ c the U o a ~ d :11-c ~ i s u ; ~ l l y drscus~ci l . 1lc:ir-rngs tilrly st;lrf ;lficr- t l ic r lmc Irsrcd, b u l \\ 111 ncvcr start bctore the t ime l lstcd

3 Puhlrc C'ornmcnt. thrs IS the '11-ea o f thc agcntia lvhere members of the ~ ~ ~ r d r e n c c m:iy addr-c.is the 13oar-d o n any matfci- riot Ir\tcti on the :igcnd,i I l ic Boar-d. b) la \ \ . cciririot take action on any matter not Irstcd on the agcnda, hut ma) respond to st:itemcnts or c l~~cs t~on- ; ;ind pro\ ~ i l c stai't 'diicctlon

> ('losed Scssron the Uoartl 15 a~rlI ioir/et l . b y la\\. t o mcct rn a closetl scssron ~n certain

crrc~rmstanccs 1111s area o f the agcnda tdcntrties those rterns t l i ~ i t \\ 1 1 1 be d~scus ic t i d r r r i n ~ the cloicci scsslon

Pub l i c Par t ic ipat ion: I t is rlie po l i cy o f t h c Board o f Super\ isor-. ancl a tc i l~ i r rer i icnt o f t h c C':illfornia Open h lect lngs L,a\\, to al lo\v member-s oi '(he p ~ i b l i c tlic oppol- t~ i r i i ty 10 cornnient o i l al l riiatters hcforc the Board P~rb l rc par-t icr l~atlon I S

I imrtcd to matters bvithin the s ~ r b ~ c c t matter j l rr isi l lct lon o f the Uoai-d pursuant to (;o\crnnicnt C'odc Scctron 54054 3 I'hc Roari l has ado1)ted polrcy and pt-occdurcs to fiacllitatc the rncctins process and conduct A cor i i l ~ l c tc Irstrng o l thcse pol icies ;inti p~occdurcs can be found In rhc pr rtltcd Ouoklct agenda. obtarncd at the ( ' o~ rn ty Admrn~str-atrvc Off ice, or- \ re\\cd rlt the C lc rh o f the Board \vehsrtc.

I l ic t<o;iicl o i S u p c r \ rsors I, 'ilso conlni l t tcd to 111;1hr1ig 11s I ~ I U C ~ C C I I I I ~ ~ c l c c c ~ s ~ b l e to rlll citi/en5 I r i c 1 1 \ I<ILI,II\ n r t h special nccds should cal l t l ie C'lcrk o f tlie Board at 530-53s-7631. h,loriday thl-ough Fnda). S : O O a n i to 5 00 p . m to rcclua"tdtsahrl~ty-rclatcd rnodificntrons~~iccorii~iii~tl~~tioni or to recluest rnatcrrals I n alter-natc tormats A l l I-cclucsts for specral acccrniniodat~ons and,'or- :~ l tc~-nat i \ c for~rnat tiocurnents ni i ist he made -IS hours prror to the mcctrng

Foi further ~r i tbr -m;~t~on contact the ( ' lcrh o f the Board o f Super) r i o r i Courity !\dm~nrstratl\.c Of l i ce 15 C o ~ i n t y ('eriter Dr l vc . C)~-o\i l lc. C'A 05005 570-538-763 I \ t \t.%! ! ~ f l l ~ < ~ i ~ l l ! i ? l s . I ~ L ~ I LO^