HomeMy WebLinkAboutA032415
BUTTECOUNTY
MEMBERS OF THE BOARD
BOARDOFSUPERVISORS
BILL CONNELLY, DISTRICT 1
LARRY WAHL, DISTRICT 2
RMA
EGULAR EETING GENDA
MAUREEN KIRK, DISTRICT 3
M24,2015
STEVE LAMBERT, DISTRICT 4
ARCH
DOUG TEETER, DISTRICT 5
MEETING LOCATION
BOARD OF SUPERVISOR CHAMBERS
PAUL HAHN,
25 COUNTY CENTER DRIVE, SUITE 205
CHIEF ADMINISTRATIVE OFFICER/
BRUCE ALPERT, COUNTY COUNSEL
OROVILLE, CALIFORNIA 95965-3380
CLERK OF THE BOARD
1.9:00 a.m. - Call to Order
Pledge of Allegiance
Silence
Observation of a Moment of
2.Corrections and/or Changes to the Agenda
3.Consent Agenda
3.01* Resolution for Grant Proposal to Board of State and Community Corrections - The Mentally Ill
Offender Crime Reduction Grant Program is administered by the Board of State and Community
Corrections (BSCC). Grant funds will be awarded to programs that provide cost-effective supports
and alternatives that reduce crime and criminal justice costs, and maximize local resourses for
prevention, intervention, detention and after care services for adult offenders, among other criteria.
The goal is to improve quality of life for offenders while maintaining public safety. Another goal is to
develop a 4-year strategic plan allocating monies to provide integrated services between county
departments and community-based organizations to serve adult or juvenile offenders collaboratively
with mental health issues for reducing recidivism and increasing positive quality of life outcomes. Per
the grant application process, approval is requested by resolution, for the Butte County Department
of Behavioral Health to submit a grant proposal and to enter into a grant agreement following a
successful grant award action requested ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (Behavioral Health)
3.02* Appointments to Bangor Cemetery District Supervisor Connelly makes the following nominations:
appoint Debbie Warren as Trustee; and reappoint Richard Phillips as Trustee (terms to end
December 31, 2018) - action requested - MAKE APPOINTMENTS. (Board of Supervisors)
3.03* Approval of Minutes action requested APPROVE MARCH 10, 2015 BOARD OF SUPERVISORS
MINUTES. (County Administration)
MARCH 24, 2015 BOARD OF SUPERVISORS AGENDA
PAGE 1 OF 12
3.04* Resolution Amending the Butte County Conflict of Interest Code - The Political Reform Act (Gov.
Code Section 87306) requires the County to amend its Conflict of Interest Code (hereinafter "Code")
when change is necessitated by changed circumstances. (Gov. Code Section 87306.) The Code was
most recently amended by Resolution No. 14-147 on October 21, 2014. Since that amendment was
enacted, several designated positions have been identified that are required to be included in
Attachment B, which enumerates designated positions. This resolution reflects those changes. Each
of the individuals holding the positions designated in the Code must file an annual Statement of
Economic Interest (Form 700) as described in the resolution and attachments. These attachments
include: Attachment A entitled Conflict of Interest Code County of Butte; Attachment B which is a
revised list of Designated Positions; Attachment C which is a list of Committees and Commissions;
Attachment D entitled Disclosure Categories for Designated Positions; and Attachment E entitled
Place of Filing Statement of Economic Interests action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (County Counsel)
3.05* Williamson Act Consistency Review and Contract Amendment - LLA14-0008 and LCA14-0004
(Brown/Faithful Legacy) - The property owners (Brown/Faithful Legacy) are proposing to adjust the
boundaries of the two parcels constituting APNs 038-150-048, 038-150-012, 038-210-005, and 038-
210-004, in order to allow the transfer of a portion of the property from one owner to the other.
Rescission and amendment of the applicable Land Conservation (Williamson) Act contract is required
in association with the lot line adjustment under Government Code Section 51257 and Rule 5.B.6 of
the Butte County Administrative Procedures and Uniform Rules for Implementing the California Land
Conservation (Williamson) Act. The property owners have asked to execute individual amendments
to the contract for each of the two subject parcels and the request is supported by staff and the Land
Conservation (Williamson) Act Advisory Committee as consistent with State law and the County's
program. The Land Conservation (Williamson) Act Advisory Committee reviewed the subject
applications at its meeting on December 1, 2014, and recommends this action to the Board of
Supervisors as consistent with the Williamson Act program. If approved, the lot line adjustment and
contract amendments shall be recorded concurrently, subject to the applicant's payment of
outstanding processing fees or costs - action requested - 1) DETERMINE THAT ALL REQUIRED
FINDINGS CAN BE MADE REGARDING THE CONSISTENCY OF LOT LINE ADJUSTMENT LLA14-0008
(BROWN/FAITHFUL LEGACY) WITH THE WILLIAMSON ACT AS DETAILED IN THE STAFF REPORT; AND
2) APPROVE THE TWO CONTRACT RESCISSIONS/AMENDMENTS (LCA14-0004) AND AUTHORIZE THE
CHAIR TO SIGN. (Development Services)
3.06* Agreement with California SAWS Consortium IV (C-IV) - Additional Workstations and Printers - The
Department of Employment and Social Services (DESS) will be adding staff and have a need to enter
into an agreement with California SAWS Consortium IV (C-IV), for the purchase and installation of 20
additional dual-monitor workstations, 7 scanners, 2 printers, and a 24 port switch to be installed in
205 Mira Loma, Suite 10. This purchase includes software licenses as well as administrative charges
for equipment installation, recurring production operations charges for remote workstation
maintenance and patch cables for the infrastructure expansion. The term of the agreement is March
1, 2015 through October 31, 2019 with a maximum amount of $89,266 ($69,399 for FY 2014-15,
$1,663 for FY 2015-16, $1,663 for FY 2016-17, $14,185 for FY 2017-18, $1,663 for FY 2018-19, and
$693 for FY 2019-20) - action requested - APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Employment and
Social Services)
MARCH 24, 2015 BOARD OF SUPERVISORS AGENDA
PAGE 2 OF 12
3.07* Addition of New Positions and Approval of Budget Adjustment - The Department of Employment and
Social Services (DESS) was recently notified by the State of California that additional FY 2014-15
allocations have been made available to provide for local resources needed to comply with certain
mandated services. The DESS will receive additional Medi-Cal funding to administer increased
caseload related to continued implementation of the Affordable Care Act (ACA). The DESS requests
the addition of fourteen (14) positions in eligibility services to administer this increased mandated
workload. The requested positions include eleven (11) Employment & Eligibility Specialist, one (1)
Employment & Eligibility Specialist, Senior, one (1) Employment & Eligibility Program Specialist, one
(1) Supervisor, Employment & Eligibility positions. The DESS also requests two (2) Supervisor, Social
Work positions for the new federally mandated Child Welfare Services Case Record Review process.
Qualitative case reviews will assist the Department in a variety of ways as detailed in the staff report.
Additionally, the DESS requests the deletion of one (1) vacant Information Systems Analyst, Principal
position. The DESS FY 2014-15 budget included the addition of one (1) Supervisor, Information
Systems Analyst position and noted that once this position was filled, the Department would delete
the Information Systems Analyst, Principal position. The total estimated cost in the current fiscal year
is $201,017 for the Employment and Eligibility staff, and $48,035 for Supervisor, Social Work staff.
Funds are available from federal, state, and local realignment revenue. There is no impact to the
County General Fund action requested 1) APPROVE BUDGET ADJUSTMENT (4/5 vote required);
AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services)
3.08* Resolution Proclaiming March 2015 as Social Work Month - The Director of the Department of
Employment and Social Services requests that the Board of Supervisors adopt a resolution
proclaiming March 2015 as Social Work Month in Butte County action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services)
3.09* Resolution to Amend Resolution No. 15-003 to Correct a Typographical Error in the Volume Number
of a Referenced Deed - On January 13, 2015, the Board of Supervisors of the County of Butte, State
of California, adopted Resolution No. 15-003 removing any deed restrictions from the parcel
underlying Cal Fire Butte Unit Fire Station 63 at 176 Nelson Avenue, Oroville. Subsequent to the
adoption of the Resolution, it was discovered that the resolution and the unrecorded quit claim deed
prepared by staff contained a typographical error in the Volume number of the reference to the
1933 deed that
ords of the County of
Butte". Staff requests that the Board adopt a resolution to amend Resolution No. 15-003 - action
requested 1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) AUTHORIZE THE
DIRECTOR OF GENERAL SERVICES TO CORRECT THE VOLUME REFERENCE AND EXECUTE THE QUIT
CLAIM DEED. (General Services)
MARCH 24, 2015 BOARD OF SUPERVISORS AGENDA
PAGE 3 OF 12
3.10* Blanket Purchase Agreement: MC2 Design Group, Inc. - On February 25, 2014, the Board of
Supervisors approved the Butte County Communication Strategy for 2014 and 2015 (Strategy). The
purpose of the Strategy is to establish Butte County as open, responsive, and innovative when
serving employees, the media, and the public. The Strategy includes four initiatives designed to
coordinate communication efforts countywide in order to better serve and connect with internal and
and innovative service to the public. One key way to coordinate visual communication materials and
provide a cohesive look and feel for visual outreach materials is to establish brand/style standards. In
order to create consistency in public outreach materials which are designed professionally, the
County formally solicited for the services of design firms able to produce material that follow the
County Style Guide for visual communication. The selection panel, comprised of members from
several County Departments, determined that MC2 Design Group, Inc., a Butte County firm, is best
able to meet the needs of the County. Staff recommends that the Board execute a Blanket Purchase
Agreement (BPA) with MC2 Design Group, Inc. with a not-to-exceed price of $180,000 for a three
year term to expire March 24, 2018. The BPA can be utilized by all County departments when they
need professional design services. The BPA does not require staff to use external, professional
services, and public outreach materials can continue to be created internally by staff when
appropriate action requested - APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(General Services/County Administration)
3.11* Budget Adjustment - General Services Vehicle Replacement - General Services received approval to
purchase a new vehicle through the Support Services Equipment Replacement Fund as part of the FY
2014-15 budget. Following adoption of the budget, the cost to purchase the vehicle exceeded the
amount appropriated by approximately $3,474. Approval is requested for a budget adjustment
transferring additional funds to, and increasing appropriations in, the Support Services Equipment
Replacement Fund action requested APPROVE BUDGET ADJUSTMENT (4/5 vote required).
(General Services/County Administration)
3.12* Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following departments. These changes will leave
the total allocations in the County unchanged:
Development Services: The Development Services Department is requesting to flexibly staff a variety
of allocations in their department. These changes include: Account Clerk, Senior to Accounting
Specialist/Account Clerk, Senior/Account Clerk; Administrative Assistant, Senior to Administrative
Assistant, Senior/Administrative Assistant; Administrative Analyst, Senior to Administrative Analyst,
Senior/Administrative Analyst/Administrative Analyst, Associate; Building Inspector (term position to
end 06/30/15) to Building Inspector, Senior/Building Inspector (term position to end 06/30/15);
Office Assistant to Office Specialist, Senior/Office Specialist/Office Assistant; Permit Assistant (term
position to end 06/30/15) to Permit Technician/Permit Assistant (term position to end 06/30/15);
Planner, Assistant to Planner, Senior/Planner, Assistant/Planner, Associate; Planner, Assistant (term
position to end 06/30/15) to Planner, Senior/Planner, Assistant/Planner, Associate (term position to
end 06/30/15); and Information Systems Technician, Senior/Information Systems
Technician/Information Systems Technician, Associate to Information Systems Analyst,
Senior/Information Systems Analyst/Information System Analyst, Associate/Information Systems
Technician, Senior. These changes will leave the total allocation in the department unchanged and
have no additional fiscal impact on the County General Fund.
MARCH 24, 2015 BOARD OF SUPERVISORS AGENDA
PAGE 4 OF 12
District Attorney
Office Specialist, Senior/Office Specialist/Office Assistant and add one (1) position of Supervisor,
Support Services. Currently there are two (2) Supervisors supervising twenty three (23) clerical staff.
This change is being made to reduce this span of control to a more manageable, efficient ratio. This
change will leave the total allocations in the department unchanged and any increase in costs
-15 budget action
requested - ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
3.13* Resolution Regarding Disability Retirement Determination for Safety Members - Board Resolution
89-022, adopted on February 28, 1989, authorizes the Personnel Director to make disability
retirement determinations for safety members on behalf of the County. Since that time, the
Personnel Director classification has been changed to Director-Human Resources. In addition
Resolution 89-022 has outdated language for Personnel Rule 7.12. In order to be in compliance with
CalPERS' requirement to have a current Resolution on file, the Resolution needs to be replaced to
reflect the current language from the Personnel Rules along with the correct title of the Director-
Human Resources action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(Human Resources)
3.14* Surplus Equipment - The Public Health department requests the Board of Supervisors to declare
surplus the following capital asset: Fisher Scientific, Lab Refrigerator - Asset No. 26909. The Public
Health Laboratory Refrigerator (Asset No. 26909) was purchased in 2004 for $7,473.18. The item is
no longer in working order and repairs would be cost prohibitive action requested 1) DECLARE
CAPITAL ASSET ITEMS SURPLUS TO THE NEEDS OF THE COUNTY; 2) DIRECT THE ITEMS TO BE
REMOVED FROM THE CAPITAL ASSET INVENTORY LIST; AND 3) AUTHORIZE TRANSFER TO COUNTY
SURPLUS IN ACCORDANCE WITH COUNTY POLICY. (Public Health)
3.15* Kennedy Avenue Closure-Right of Way Exchange - As part of the Kennedy Avenue closure easterly of
Highway 32 (between Highway 32 and West East Avenue, see location map included in staff report),
the County entered into an agreement to vacate and exchange rights of way for the new cul-de-sac.
In conformance with the terms of this agreement staff requests Board adoption of a resolution
vacating and exchanging real property, quitclaim the vacated property to the adjoining property
owners, and accept a grant deed for the new cul-de-sac right of way. This property exchange is the
result of an agreement between the Chapman Family Trust that owns property at the end of
Kennedy Avenue where it connected with Highway 32 (a copy of the agreement is attached as
"Exhibit B" to the proposed Board resolution for this Item). The Chapman's had several code
violations in 2003 for their mini storage and this agreement was a part of resolving the situation. The
other property owner (Uecker) was involved because one half of the Kennedy Ave right of way was
to be transferred to them. This item was originally brought before the Board in 2007, but because of
pending issues with the code violations, the item was pulled from the agenda. Recently, one of the
property owners contacted the department to get copies of the documents and upon looking into
the matter, staff discovered that the item had not been brought back to the Board once the code
items had been resolved. Once staff confirmed that the code issues had been resolved this item was
brought back for Board consideration action requested 1) ADOPT RESOLUTION AND AUTHORIZE
CHAIR TO SIGN; 2) ACCEPT GRANT DEED FROM THE CHAPMAN FAMILY TRUST AND AUTHORIZE
CHAIR TO SIGN; AND 3) APPROVE QUITCLAIM DEEDS TO THE CHAPMAN FAMILY TRUST AND UECKER
AND AUTHORIZE CHAIR TO SIGN. (Public Works)
MARCH 24, 2015 BOARD OF SUPERVISORS AGENDA
PAGE 5 OF 12
3.16* Oakdale Heights Safe Routes To School (SRTS) Project (SRTSL-5912(096)) - In 2011, the County was
awarded a Federal Highway Administration (FHWA) 2011 SRTS Program Grant in the amount of
$941,400, for the construction of safety improvements on Las Plumas Ave. between Walmer Rd. and
Autrey Ln. and on Walmer Rd. between Lincoln Blvd. and Rosedale Ave. This project is located south
of the City of Oroville and will include construction of sidewalks, curb and gutter, curb ramps, speed
feedback signs, asphalt paving and traffic striping and markings. The project will be constructed
during summer break to minimize traffic congestion during construction activities. The engineer's
estimate is approximately $830,000 for construction. The estimated project total cost is $1,200,000,
which includes preliminary engineering, right-of-way, construction, and a non-infrastructure
component. The Public Works Department is in the process of requesting authorization to advertise
and solicit bids for the construction of this project - Federal Project No SRTSL-5912(096), County
Project No. 23501-2012-01 from Caltrans action requested 1) APPROVE THE PROJECT; 2)
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE AND SOLICIT BIDS FOR THE
CONSTRUCTION OF THE PROJECT ONCE THE COUNTY RECEIVES APPROVAL FROM CALTRANS TO
PROCEED WITH CONSTRUCTION; AND 3) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN
PLANS ONCE THE COUNTY RECEIVES APPROVAL FROM CALTRANS TO PROCEED WITH
CONSTRUCTION. (Public Works)
3.17* Resolution Making Application to the Local Agency Formation Commission (LAFCo) for Dissolution of
County Service Area (CSA) 120 - Oak Way Park Subdivision CSA 120 was annexed into the City of
Chico on May 5, 1997 but the dissolution of this special district was never completed due to
landowner concerns over what jurisdiction would provide continued drainage maintenance services.
At the time of annexation there was sufficient fund balance to continue annual state reporting
requirements. Currently, the fund balance is negative, therefore additional funding needs to be
made available for the Auditor to be in compliance with annual reporting. To remove this special
district from annual state reporting requirements, an application to LAFCo for dissolution and
deposit fee must be submitted to accomplish this. According to staff at LAFCo, the dissolution
process is exempt from CEQA under exemption 15301 that states for existing facilities that involve
is categorically exempt action requested 1) FIND THAT THE APPLICATION TO DISSOLVE CSA 120 IS
CATEGORICALLY EXEMPT FROM CEQA (CEQA EXEMPTION 15301); 2) APPROVE $5,300 BUDGET
ADJUSTMENT FROM APPROPRIATION FOR CONTINGENCIES (4/5 vote required); AND 3) ADOPT
RESOLUTION AND AUTHORIZE CHAIR TO SIGN. (Public Works)
3.18* Inmate Medical Invoices - The Sheriff's Office, through our contracted inmate medical provider
California Forensics Medical Group (CFMG), provides inmates with medical care. Two inmates
received extraordinary care and were hospitalized incurring medical bills of $370,000. CFMG
negotiates the hospital rate to be paid and reduces the payment. In this case, the total of the two
cases was reduced to $101,400. CFMG then pays the hospital and reduces Butte County's invoice of
reimbursement by their $15,000 copay. Butte County's final bill was $45,698 for one inmate and
$30,819 for the second inmate. Neither case meets the catastrophic insurance threshold for
reimbursement from our insurance carrier. We have requested the assistance of the Department of
Employment and Social Services to attempt to receive reimbursement through MediCal. The
Sheriff's Office is requesting to increase the jail's professional services budget by $76,500 offset by
Inmate Welfare Funds in order to pay the invoice action requested - APPROVE BUDGET
ADJUSTMENT (4/5 vote required). (Sheriff)
MARCH 24, 2015 BOARD OF SUPERVISORS AGENDA
PAGE 6 OF 12
3.19* State of California, Department of Parks and Recreation, Division of Boating and Waterways FY
2016 Grant Agreement and Resolution -
grant from the State of California, Department of Parks and Recreation, Division of Boating and
Waterways for FY 2015-16 to continue the existing program. The waterways include the Feather
River, Lake Oroville, and the Sacramento River. Revenue was anticipated and budgeted during annual
budget preparation. The Sheriff's Office is charged with enforcement of State and local laws and
regulations for boating activities by means of vessel, foot patrol, or motor vehicle; educating the
public on State and local laws and regulations; inspection of vessels for compliance with required
safety equipment and registration requirements; supervision of organized on-the-water boating
activities or water events that allows for the protection and safety of the boating public during such
activities or events. The program is year-round and funds one full-time uniformed deputy sheriff and
a leased vehicle, marine equipment, and supporting program services. The State requires the County
to match the grant award of $159,342 with boat tax revenue in the amount of $94,674. A full-time
Appropriations and
anticipated revenue are included in the Sheriff's FY 2015-16 budget action requested 1) ACCEPT
GRANT AWARD AND ADOPT RESOLUTION IN SUPPORT OF THE BOATING SAFETY AND ENFORCEMENT
AIDE PROGRAM FY 2015-16; 2) RATIFY SHERIFF HONEA'S SIGNATURE ON GRANT AGREEMENT; AND
3) AUTHORIZE THE FOLLOWING REPRESENTATIVES FROM THE SHERIFF'S OFFICE TO SIGN QUARTERLY
REPORTS, QUARTERLY REIMBURSEMENT REQUESTS, ANNUAL REPORTS AND OTHER DOCUMENTS
FOR THE PERFORMANCE OF SERVICES DESCRIBED IN THE GRANT: KORY L. HONEA, SHERIFF-
CORONER; JD JONES, SHERIFF'S CAPTAIN; STEPHEN COLLINS, SHERIFF'S SERGEANT, AND SUSAN
TIFFANY, ADMINISTRATIVE ANALYST, ASSOCIATE. (Sheriff)
3.20* U.S. Department of Justice - Organized Crime Drug Enforcement Task Force (OCDETF) - The Butte
County Sheriff's Office, Butte Interagency Narcotic Task Force (BINTF), applied to the U.S.
Department of Justice for funds from the OCDETF for an overtime agreement. This agreement in the
amount of $5,000 was awarded to BINTF. The funds are specifically to be used for overtime and are
limited to cases that have been designated as OCDETF investigation cases. The agreement period is
October 1, 2015 through September 30, 2016. Sheriff Kory Honea signed the agreement with the
Department of Justice action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required) AND
RATIFY SHERIFF KORY HONEA'S SIGNATURE. (Sheriff)
3.21* State of California, Off-Highway Motor Vehicle Recreation (OHMVR) Resolution - The Butte County
Sheriff's Office is seeking grant funding from the State of California, Department of Parks and
Recreation, Division of Off-Highway Motor Vehicle Recreation. Grant funds will provide Off-Highway
Vehicle patrol and enforcement in areas of the Jonesville Snow Park and Butte Meadows. The grant
term will be January 1, 2016 - December 31, 2016. The grant application requires a resolution
adopted by Board of Supervisors. The State requires matching funds of 25% which will be met by the
Sheriff's Office staff providing supervision of grant activities, financial oversight, and Search and
Rescue volunteer time. As part of the application process, there is a public comment and feedback
period before the final application is due on May 4, 2015. The public can view the on-line grant
application and submit comments. To view the application, go to the California State OHV Grants and
Cooperative Agreements program at www.ohv.parks.ca.gov action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff)
MARCH 24, 2015 BOARD OF SUPERVISORS AGENDA
PAGE 7 OF 12
3.22* Contract for Inmate Transportation Services-US Corrections - The Sheriff's Office is required to
transport in-custody prisoners for various reasons. On occasion, Butte County must send staff to
complete a transport but whenever possible, the Sheriff's Office uses contractors for the service. The
Sheriff's Office would like to contract for interstate transport services with US Corrections. US
Corrections is strictly regulated by the U.S. Department of Transportation, the Federal Motor Carrier
Safety Administration as well as the California Public Utility Commission to maintain licensing and
permit requirements as a specialized carrier. The term of the contract is three years upon execution
by the County. Maximum payable for this service is $30,000, funds are currently within the Sheriff
Office budget action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Sheriff)
4.Regular Agenda
4.01* Boards, Commissions and Committees
A.Appointments to Listed Vacancies
B.Board Member/Committee Reports and Board Member Comments
(
Pursuant to CA State law, the Board is prohibited from taking action on any item not listed on the agenda.)
4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
4.03 Items Removed from the Consent Agenda for Board Consideration and Action.
4.04* Petition for Partial Cancellation of Williamson Act Contract (LCA14-0001 - Wild Goose Club) - The
Wild Goose Club, Inc. has petitioned for partial cancellation of its 1,432-acre Land Conservation
(Williamson) Act contract (LCA14-0001), in association with a previously-approved internal lot line
adjustment (LLA13-0020) to separate the subject 8.82-acre portion of the property, which is
developed with 21 seasonal hunting cabins and six other permanent hunting club structures, from
the remainder of the property; as well as rescission and amendment of the contract for the
remainder of the property to open space for managed wetland (LCA14-0002). The entire Wild Goose
Club property is subject to the Wild Goose Club (1978) Williamson Act contract. Approximately 1,100
cattle were grazed on the property at the time the contract was executed. However, this use was
discontinued in the 1990s. The property has also been used as a waterfowl hunting club since the
inception of the Williamson Act contract. No new alternate use is proposed for the 8.82-acre area to
be canceled. Rather, the cancellation will remove from the Act the area of the property which has
been developed with permanent hunting club structures and is therefore out of compliance with the
on (Williamson) Act Advisory
Committee recommend approval of the tentative partial cancellation - action requested -
1)ADOPT THE INITIAL STUDY/NEGATIVE DECLARATION FOR THE WILD GOOSE CLUB LOT LINE
ADJUSTMENT LLA13-0020, PARTIAL LCA CANCELLATION LCA14-0001, AND LCA CONTRACT
RESCISSION/AMENDMENT LCA14-0002, IN COMPLIANCE WITH CEQA;
2)CERTIFY TO THE COUNTY AUDITOR A CANCELLATION FEE IN THE AMOUNT OF $20,625; AND
3)BASED ON THE FINDINGS OF FACT IN THE RESOLUTION, ADOPT RESOLUTION APPROVING
THE TENTATIVE PARTIAL CANCELLATION OF THE WILLIAMSON ACT CONTRACT ON THE
APPROXIMATELY 8.82-ACRE PARCEL CREATED BY LLA13-0020 (FORMER APNS 021-030-016
AND 021-030-009 \[PORTION\]), SUBJECT TO THE CONDITIONS, CONTINGENCIES AND
REQUIREMENTS AS LISTED IN THIS STAFF REPORT; AND
4)DIRECT THE CLERK OF THE BOARD TO RECORD THE CERTIFICATE OF TENTATIVE
CANCELLATION PURSUANT TO SECTION 51283.4. (Development Services)
MARCH 24, 2015 BOARD OF SUPERVISORS AGENDA
PAGE 8 OF 12
4.05* Resolution Updating Butte County On-Site Wastewater Manual - On March 16, 2010, the Board of
Supervisors adopted the On-Site Wastewater Systems Ordinance 4018 (Butte County Code Chapter
19) and two resolutions: 1) adopting the On-Site Wastewater Manual (Resolution 10-042) and 2)
establishing a Wastewater Advisory Committee (Resolution 10-043). One of the functions of the
Wastewater Advisory Committee is to advise the Public Health Department and Board of Supervisors
on matters pertaining to interpretation and revision of the On-Site Wastewater Manual so that it
continues to best serve the needs of the local community while protecting water quality and public
health. The Wastewater Advisory Committee has met regularly since its inception in June 2010 and
has now identified changes to the Manual that will: 1) Clarify when a permit or notification is
required for septic tank modification or destruction; 2) Establish independent third-party review and
standards for plastic tanks and chambers in lieu of the current requirement for product-by-product
approval by Environmental Health; 3) Add septic tank destruction procedures; 4) Allow a 30%
reduction in drainfield size when gravel-less chambers or bundled expanded polystyrene synthetic
aggregate is utilized for wastewater dispersal; 5) Add a requirement for supplemental treatment
units to be inspected after the six months of operation by an Operation, Monitoring, and
Maintenance Specialist; 6) Remove dissolved oxygen measurement as an indicator of water intrusion
into a septic tank; and 7) Remove the requirement for total and fecal coliform testing of
supplemental treatment effluent unless disinfection is utilized action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Health)
4.06* Sustainable Groundwater Management Act - Intent to be a Groundwater Sustainability Agency - The
Sustainable Groundwater Management Act (SGMA) went into effect on January 1, 2015. One of the
near-term actions is to establish one or more Groundwater Sustainability Agencies (GSA) that will
take responsibility of developing and implementing a Groundwater Sustainability Plan (Plan) for the
four subbasins in Butte County. A GSA can be formed by a single local public agency, or combination
of agencies. Local public agencies eligible to be part of a GSA must have either water supply, water
management, or land use responsibilities. Counties are presumed to be the GSA for unmanaged
areas in basins. Local public agencies intending to be a GSA for all, or a portion, of a basin must notify
the Department of Water Resources by June 30, 2017. If a GSA is not formed, the state will
intervene, impose fees and assume management of the basin. In advance of the June 30, 2017
deadline, Butte County and local agencies should pursue developing an implementation approach
that meets local needs. Adopting a resolution would provide certainty that Butte County will be a
GSA for the subbasins in Butte County and advance implementation discussions. On March 4, 2015,
the Butte County Water Commission passed a motion (6-1) to recommend that the Board of
Supervisors adopt a resolution to: 1) Declare the intent of Butte County to be a Groundwater
Sustainability Agency for the Vina, West Butte, East Butte and North Yuba subbasins; 2) Authorize
the department to pursue development of a governance structure with other eligible GSAs for each
of the respective subbasins; and 3) Have the department evaluate whether basin boundaries should
be adjusted in a manner that will improve the likelihood of achieving sustainable groundwater
management - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Water
and Resource Conservation)
MARCH 24, 2015 BOARD OF SUPERVISORS AGENDA
PAGE 9 OF 12
5.Public Hearings and Timed Items
5.01* 9:30 a.m. Public Hearing - Appeal of Planning Commission's Decision to Record a Notice of
Violation for APN: 061-320-021 (Arthur J. Gross) - Arthur J. Gross, property owner of Assessor Parcel
Number 061-320-021, is appealing the decision of the Planning Commission to record a Notice of
Violation on the property's title due to the property having been subdivided in violation of Butte
County Code. Mr. Gross is also requesting a fee waiver for a Legal Lot Determination application.
The Planning Commission hearing was held on December 11, 2014 to consider the evidence to
record Notice of Violations for 27 parcels (Lane Judgment Area-MISC14-0007) that had been divided
in violation of Butte County Code between 1969 and 1977. The parcels are located along Bean
Creek Road, off Bald Rock Road, approximately 3 miles south of Oroville-Quincy Highway, in the
community area of Berry Creek action requested - 1) ADOPT RESOLUTION TO DENY THE APPEAL
OF THE PLANNING COMMISSION'S APPROVAL TO RECORD THE NOTICE OF VIOLATION FOR APN:
061-320-021; AND 2) DENY THE FEE WAIVER REQUEST FOR A LEGAL LOT DETERMINATION
APPLICATION. (Development Services)
5.02* 10:30 a.m. - Continued Public Hearing - Amendments to Butte County Code Chapter 24. Zoning
Ordinance, Draft Special Events Facilities Ordinance and Final Supplemental Environmental Impact
Report (SEIR) On February 24, 2015, the Board of Supervisors held a public hearing, took public
testimony and continued the public hearing to March 24, 2015 in order for staff to provide further
information as requested by the Board of Supervisors and as detailed in the staff report. The
proposed Special Events Facilities Ordinance is a County-initiated amendment to the Butte County
Zoning Ordinance that would be located under Part 4, Supplemental Use Regulations, as new
Section 24-175.2 of the Zoning Ordinance. An SEIR has been prepared for this project pursuant to
the California Environmental Quality Act (CEQA). The Special Event Facilities Ordinance is applicable
to the unincorporated area of Butte County. The Special Events Facilities Ordinance sets forth a
permit process and various standards and requirements for special event facilities. A special event is
defined as a celebration, ceremony, wedding, reception, corporate function, or similar activity for
the benefit of someone other than the property owner that takes place on a periodic basis,
involving the gathering of individuals assembled for the common purpose of attending a special
event. A special event facility is a facility where special events are permitted to occur subject to a
use agreement between a private group or individual and the facility owner, and subject to a minor
use permit approved in compliance with the Special Events Facilities Ordinance. The provisions set
forth under the proposed Special Events Facilities Ordinance apply in the AG (Agriculture), TM
(Timber Mountain), RR (Rural Residential), FR (Foothill Residential), and VLDR (Very Low Density
Residential) zones. The Ordinance would not allow special event facilities in other zones action
requested 1) CERTIFY THE FINAL SEIR PURSUANT TO THE CEQA, AS SET FORTH IN THE
RESOLUTION FOR THE AMENDMENTS TO CHAPTER 24. ZONING ORDINANCE, PERTAINING TO
SPECIAL EVENTS FACILITIES, AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT AN ORDINANCE
ADDING SECTION 24-
TO SIGN. (Development
Services)
(
6.Public Comment each speaker limited to five minutes)
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.
MARCH 24, 2015 BOARD OF SUPERVISORS AGENDA
PAGE 10 OF 12
7.Board of Supervisors Closed Session
7.01 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 2 CASES:
a.JACQUELINE DEVLIN V. BUTTE COUNTY AND MICHAEL SANDERSON; BUTTE COUNTY
SUPERIOR COURT CASE NO. 163271;
b. DONALD EHRSAM, RAYMOND SPERRY, DOUGLAS GUNNING, GINA ENDLER V. BUTTE COUNTY,
BUTTE COUNTY BOARD OF SUPERVISORS, BUTTE COUNTY DEPARTMENT OF DEVELOPMENT
SERVICES, BUTTE COUNTY SUPERIOR COURT CASE NO. 163741
MARCH 24, 2015 BOARD OF SUPERVISORS AGENDA
PAGE 11 OF 12
Butte County
Department Heads
Information and Procedures Concerning the Agenda and
Board of Supervisors Meetings
Agricultural
Commissioner:
Meeting Information:
Richard Price
Assessor*:
Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are
Diane Brown
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
Auditor-Controller*:
as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted
Dave Houser
meeting calendar for the year are available in the County Administrative Office or on the Clerk of the Board
Behavioral Health:
website page.
Dorian Kittrell
Agenda Information:
Chief Administrative
Officer:
The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72
Paul Hahn
hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board
Chief Probation Officer: website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to explain
Steve Bordin
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
Child Support Services:
do not remove items from these files), and at the Clerk of the Board website. Copies of supporting materials can
Sharon A Stone
be made for you at a charge to cover costs. The list of communications included with the agenda packages is not
Clerk-Recorder-Registrar
comprehensive. Additional communications to the Board of Supervisors may have been received but not included
of Voters*:
in the agenda supporting material. Copies of all communications received by the Board of Supervisors (excluding
Candace Grubbs
documents that are not a public record within the meaning of the Public Records Act) are available at the
County Counsel:
Administrative Office upon request. An (*) appearing before an agenda item signifies that material has been
Bruce Alpert
provided to the Board of Supervisors members to explain that item.
Development Services:
Agenda Format and Meeting Order:
Tim Snellings
The agenda is usually organized into the following areas and meetings generally proceed in the following order:
District Attorney*:
1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the
MikeRamsey
Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in the
Employment & Social
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
Services:
asks if there is anything anyone would like to remove from the Consent Agenda, stand and approach the podium
Cathi Grams
and request the item be removed. The removed items are discussed at the end of the Regular Agenda.
Farm, Home & 4-H Advisory:
2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items
Randall Mutters
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
Fire Chief:
set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time
Greg McFadden
listed, but will never start before the time listed.
General Services:
4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any
Grant Hunsicker
matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda,
Human Resources:
but may respond to statements or questions and provide staff direction.
Brian Ring
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.
Information Systems:
Art Robison
Public Participation:
Library:
It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow
Melanie Lightbody
members of the public the opportunity to comment on all matters before the Board. Public participation is limited
Public Health:
to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. The
Cathy Raevsky
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,
Public Works:
Mike Crump
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
Sheriff-Coroner*:
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
Kory Honea
request disability-related modifications/accommodations or to request materials in alternate formats. All requests
Treasurer-Tax Collector*:
for special accommodations and/or alternative format documents must be made 48 hours prior to the meeting.
Peggy Moak
For further information contact the:
Water & Resource
Clerk of the Board of Supervisors
Conservation:
County Administrative Office
Paul Gosselin
25 County Center Drive, Suite 200, Oroville, CA 95965
530-538-7631
*Elected Official
MARCH 24, 2015 BOARD OF SUPERVISORS AGENDA
PAGE 12 OF 12