HomeMy WebLinkAboutA032613 BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
March 26, 2013
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County Supervisors
Bill Connelly, District 1
Larry Wahl, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Doug Teeter, District 5
Paul Hahn, Chief Administrative Officer Bruce S. Alpert, County Counsel
and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 26,2013
Butte County Department Heads
Agricultural Commissioner Richard Price
Assessor* Fred Holland
Auditor-Controller* Dave Houser
Behavioral Health Director Anne Robin
Chief Administrative Officer Paul Hahn
Chief Probation Officer Steve Bordin
Child Support Services Director Sharon A. Stone
Clerk-Recorder-Registrar of Voters* Candace Grubbs
County Counsel Bruce S. Alpert
Development Services Director Tim Snellings
District Attorney* Mike Ramsey
Employment and Social Services Director Cathi Grams
Farm, Home & 4-H Advisory Joseph Connell
Fire Chief George Morris
General Services Director Grant Hunsicker
Human Resources Director Brian Ring
Information Systems Director Robert Barnes
Library Director Melanie Lightbody
Public Health Director Cathy Raevsky
Public Works Director Mike Crump
Sheriff-Coroner* Jerry Smith
Treasurer-Tax Collector* C. Linda Barnes
Water and Resource Conservation Paul H. Gosselin
* Elected Official
PAGE 1 March 26, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MARCH 26,2013
9:00 A.M. 1.00 CALL TO ORDER
1.01 Call to Order - Board of Supervisors Room, County Administration Building, 25 County
Center Drive, Oroville.
1.02 Pledge of Allegiance to the Flag of the United States of America.
1.03 Observation of a Moment of Silence.
1.04 Presentation by United States Congressman Doug LaMalfa — Congressman LaMalfa will
provide a report on current legislative issues.
2.00 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
3.00 CONSENTAGENDA
AGRICULTURE 3.01* California Department of Food and Agriculture (CDFA) - The Butte County Agricultural
Commissioner has been requested by the local agricultural industry and the CDFA to
determine the presence of Asian Citrus Psyllid (ACP) in Butte County. It is important to
find out the population status of this invasive and potentially economically damaging pest
in Butte County that has been found recently in California. Identifying the extent of the
infestation from this pest needs to be completed as soon as possible as it is critical to
trade, to implementing eradication projects and to protect California agriculture. The
CDFA will provide contract funding for this detection survey program in the amount of
$49,037 for October 1, 2012 to September 30, 2013. The CDFA will reimburse the Butte
County Department of Agriculture upon submittal of monthly invoices — action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
BOARD OF 3.02* Resolution Recognizing March 30, 2013 as Welcome Home Vietnam Veteran's Day -
SUPERVISORS action requested—ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Supervisor
Wahl)
PAGE 2 March 26, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 26,2013
CHIEF 3.03* Ratification of Certification of Local Approval-Chico Community Shelter Partnership -The
ADMINISTRATIVE Chico Community Shelter Partnership (Partnership) is a local organization dedicated to
OFFICE improving the availability of emergency shelters for the homeless population within Butte
County. The Partnership operates the Torres Community Center where County residents
receive homeless services and shelter. The Partnership is applying for $167,000
Emergency Solutions Grant (previously called the Federal Emergency Shelter Grant). The
grant application requires a Certification of Local Approval (Certification). In previous
grant cycles, only the City of Chico was required to sign the Certification. Under new grant
requirements, both the City of Chico and County of Butte must sign Certifications. To
meet the deadline for grant application, the Chief Administrative Officer signed the
Certification and now requests Board ratification.The signing of the Certification does not
obligate the County in any way - action requested - RATIFY THE CERTIFICATE OF LOCAL
APPROVAL SIGNED BY THE CHIEF ADMINISTRATIVE OFFICER.
3.04* County Financial System Policies - The Chief Administrative Officer (CAO), Auditor-
Controller, Director-Information Systems, Chief Financial Officer, Treasurer-Tax Collector,
Director-General Services, Director-Human Resources and their staff have prepared two
financial system policies for Board consideration. This group has been working together
to draft policies that clearly assign responsibility for supporting the various applications
comprising the county's financial system and restrict access to update and maintain the
structural tables therein that affect data processing. Restricting access is necessary to
protect the integrity of financial data currently housed in and reported from the county's
financial system. Under the first policy, the CAO designates departments to be
responsible for supporting specific modules and/or applications within the financial
system. Designated departments will be responsible for writing procedures and user-
manuals, providing training for county staff, and providing support when users of the
particular module/application are having trouble with the system. The second policy
limits system authority/access to the Director-Information Systems, or his designee, with
system authority being defined as that access necessary to add or modify tables or
structural data in the county financial system. All changes must first be authorized by an
approving authority designated by the CAO in order to provide separation of duties. The
proposed policy then directs the CAO to develop procedures with the Auditor-Controller
for updating the County Financial System in order to maintain effective internal controls
and ensure data integrity. The Registers that are referenced are provided only for
informational purposes and are not a part of the policies—action requested -ADOPT THE
PROPOSED POLICIES.
PAGE 3 March 26, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MARCH 26,2013
3.05* Service Agreement #3 Between Butte Local Agency Formation Commission and the
County of Butte - On June 26, 2001, the Board approved an agreement with the Butte
Local Area Formation Commission (LAFCo) to provide staff and support services to LAFCo.
After its separation from the County, the Board approved Services Agreement #2 with
LAFCo on January 8, 2008. Services Agreement #2 outlined support services
(communications, accounting, treasury, information systems, human resources, treasury,
etc.) the County would provide to LAFCo and the associated costs of those services.
County staff and LAFCo have now successfully completed negotiations for Services
Agreement #3 to be effective July 1, 2013. This agreement generally maintains the
services the County provided previously but updates those costs. The biggest change is
increased charges for services provided by the County's Human Resources Department -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
DEVELOPMENT 3.06* Application for California Department Of Transportation (Caltrans) Planning Grant Funds -
SERVICES The California Department of Transportation provides approximately $6 million in State
"local assistance" funds for Environmental Justice and Community Based Transportation
Planning each fiscal year, pending approval of the State budget. Fund distribution is
competitive and depends upon the quality and amount of applications received for each
program. Staff has structured an application for the current round of funding which would
allow a community-led assessment and evaluation of streets in the Southside Oroville
neighborhood for potential Complete Streets improvements, such as lighting, curbs,
gutters, sidewalks, bike lanes, bulbouts, crosswalks, or other facilities, in order to enhance
safety, mobility, and neighborhood quality of life. Meyers Street would be one focus of
the planning process, in order to provide adequate sidewalks, lighting, and other facilities
along this important local street. There is an opportunity to coordinate improvements
along Meyers Street with the undergrounding of utilities along this corridor. The
Complete Streets Plan for the Southside neighborhood would build on the $322,160
Urban Greening Planning grant awarded to the County in 2012 for the Oroville Urban
Area Master Greening Plan, by coordinating "hardscape" improvements in the Southside
neighborhood with any greening proposals for the area —Action requested - ADOPT THE
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 4 March 26, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MARCH 26,2013
3.07* Adoption Of an Ordinance Of the County Of Butte Adding Chapter 41A to the Butte County
Code Relating to Noise Control - At the February 26, 2013 Board of Supervisors meeting
the Board waived the first reading of the ordinance and provided staff with direction to
finalize the ordinance for adoption on March 12, 2013. At the March 12 meeting, the
Board provided staff with additional direction to finalize the ordinance for Board adoption
and waived the reading of the amended ordinance. The following summarizes the major
changes directed by the Board:
Section 41A-3 Definitions - improvements to language for the definitions of (g) "Noise
Level" and (n) "Sound Level Meter;"
Section 41A-6 Noise Level Measurement-generally, minor modifications to title and text;
Section 41A-7 Exterior Noise Standards, (e) - minor modifications to text for non-urban
areas;
Section 41A-9 (f) Exemptions - changing hours of operation for noise sources associated
with construction, repair, remodeling, demolition, paving, grading, and public works
projects from between dusk to dawn to sunset to sunrise;
Section 41A-9 (i) Exemptions - changing hours of operation for noise sources associated
with maintenance of residential property from dawn to dusk to 7:00 a.m. to sunset;
Section 41A-9 (1) Exemptions - adding Private Recreational Activities (including off-road
vehicle operation and gunfire occurring when hunting or target practice) taking place
during daytime hours (9:00 a.m. to sunset) below a 65 dBA Leq (hourly average)
measured at any point on the property line over a 30 minute period; and
Section 41A-18 Violation - including additional text concerning the cooperation of persons
with the county's agents, officers, or employees in determining noise levels or ambient
noise levels -action requested -ADOPT THE ORDINANCE AND AUTHORIZE THE CHAIR TO
SIGN AND DIRECT THAT THE NOISE CONTROL ORDINANCE BE RETURNED FOR BOARD
REVIEW IN ONE YEAR.
DISTRICT 3.08* Accept Unanticipated Revenue - The Butte County District Attorney currently has a
ATTORNEY Memorandum of Understanding (MOU) with the Department of Child Support Services
(DCSS) to coordinate each department's respective role and to delineate their
responsibilities for carrying out the requirements of Title IV-D of the Social Security Act
and all federal and state regulations and requirements promulgated there under. Section
5.7 addresses the total compensation for prisoner transportation expenses as $4,608.
Due to increased prisoner transportation of arrestees, this amount has been exceeded in
Fiscal Year (FY) 2012-13. DCSS has agreed to amend the MOU to increase the amount for
prisoner transportation by $12,500, to make the maximum $17,108, and is currently
processing the agreement through the Butte Contracts Division - action requested -
REQUEST THE BOARD OF SUPERVISORS ACCEPT UNANTICIPATED REVENUE AND APPROVE
BUDGET ADJUSTMENTS.
PAGE 5 March 26, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MARCH 26,2013
EMPLOYMENT 3.09* California Department of Social Services — Approval is requested for an agreement with
AND the California Department of Social Services (CDSS) for adoption services for children and
SOCIAL SERVICES families in Butte County. Effective July 1, 2011, Assembly Bill (AB) 118 realigned the
funding for adoption services and other child welfare services. Historically, Butte County
has contracted with the CDSS Adoption District Office to provide adoptions services. Due
to this funding realignment, the responsibility of providing adoptions services has
transferred to the Butte County Department of Employment and Social Services (DESS).
As a result, during the period from July 1, 2012 through December 31, 2012, a phased
transition of adoptions services from the CDSS District Office to DESS occurred. During
this transitional period it was necessary for DESS to purchase selective services from
CDSS. Full implementation of the DESS Adoption Services Unit was effective January 1,
2013. The term of this agreement was July 1, 2012 through December 31, 2012, with a
maximum payable amount of $294,996 — action requested — 1) APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER;AND 2)APPROVE BUDGET ADJUSTMENT (4/5 vote required).
3.10* California SAWS Consortium IV Joint Powers Authority (C-IV) - Under the Affordable Care
Act (ACA), there are significant changes and expansions of health coverage programs. The
State created a new entity to delivering health coverage programs called the California
Health Benefit Exchange, also known as Covered California. Beginning October 2013, the
Department of Employment and Social Services (DESS) will be responsible for the initial
eligibility and ongoing case maintenance of the traditional Medi-Cal and newly expanded
Medi-Cal applicant. For Butte County, it is estimated that approximately 12,500
individuals will seek to enroll between 2013 and 2019.The DESS is working with the State,
other local agencies, and community-based organizations to plan for the increased
workload and new mandated services that will be required with implementation of the
ACA. Expanding the Service Center, scheduled to become operational September 2013, is
one of the components of this plan. The C-IV Consortia has requested that all member
counties (there are 39, including Butte) amend existing agreements to include service
center technology deployment services in preparation for Medi-Cal referrals from
Covered California as well as performance reporting. The target date for receiving
purchase approval of all member counties is March 31, 2013 to allow for completion of
the project by September 30, 2013. The term of the C-IV agreement amendment is
March 31, 2013 through June 30, 2018 — action requested - AUTHORIZE GENERAL
SERVICES DIRECTOR TO EXECUTE AN AGREEMENT AMENDMENT WITH THE CALIFORNIA
SAWS CONSORTIUM IV JOINT POWERS AUTHORITY (C-IV), NOT TO EXCEED $1.7 MILLION
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
GENERAL 3.11* Nichols, Melburg& Rossetto Architects -On December 11, 2012,the Board of Supervisors
SERVICES approved agreements with the Butte County Fair Association that, in part,transferred the
responsibility for major Fair related facility maintenance to General Services. Part of the
plan included a budget adjustment of $90,000 to enable General Services to complete
Facility Condition Assessments, including structural analysis, building envelope condition,
hazardous material and accessibility constraints, on key Fair facilities that contribute to
the value of the Fair complex. Staff recommends that the Board award the $72,203.50
contract to Nichols, Melburg & Rossetto Architects for the evaluation of select Fair
facilities—action requested—APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
PAGE 6 March 26, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 26,2013
3.12* Resolution Authorizing the Director of General Services to Execute Documents for the
County of Butte - Oroville Park and Ride Lot, funded by the Congestion Mitigation Air
Quality Grant - Butte County has been awarded $588,603 in Federal Congestion
Mitigation Air Quality (CMAQ) funds for the construction of a new Park and Ride lot
adjacent to the Oroville Veterans Memorial Hall on Montgomery Street. A requirement
of the federal funding program is that the Board of Supervisors provide, by resolution, the
Officer of the Project the authority to execute documents on behalf of Butte County.
These documents will include the Right of Way Certification, Program Supplemental
Agreement and Finance Letter. These documents are all part of the federal process, and
are necessary in order to provide for reimbursement of the construction costs with CMAQ
grant funds - action requested -ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.13* The Hignell Companies - On February 14, 2012, the Board approved an agreement with
the Hignell Companies for property management services to begin March 1, 2012, at the
Southside Oroville Community Center (SOCC). Under the terms of the agreement, the
County was responsible for payment of Pacific Gas & Electric (PG&E) charges until June 1,
2012. However, the SOCC required repairs, primarily to the kitchen, prior to being able to
fully market the facility and on October 12, 2012, the Board approved an amendment to
the contract specifying that the County would continue to pay PG&E charges until
February 28, 2013. Particularly over the holiday months, use of the SOCC did increase.
However, increased proceeds have been offset by addressing significant deferred
maintenance in portions of the facility leased to others. Staff is working on alternative
programming concepts aimed at improving revenue, but at this time recommends that
the Board approve payment of the PG&E bills by the County until June 30, 2013, with an
estimated cost of approximately$20,000. Funding for the amendment is contained within
the General Services approved FY 2012-13 operating budget and no additional
appropriation is required -action requested -APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER.
HUMAN 3.14* Resolution to Amend The Salary Ordinance - The Department of Human Resources has
RESOURCES prepared a resolution to amend the Salary Ordinance for the following: These changes
will increase the total allocations in the County by 2 full-time equivalent positions.
Employment & Social Services: The Employment & Social Services Department is
requesting to add one (1) position of Supervisor, Social Work and one (1) position of
Adoptions Specialist. These two positions are funded with state realignment revenue and
federal funds with no impact to the County General Fund. In addition, the Department is
requesting to delete one vacant (1) Account Clerk, Senior and add one (1) position of
Revenue and Recovery Specialist. The total estimated annual cost for this position
conversion is $3,500 and would be funded with state and federal funds with no impact to
the County General Fund. No additional appropriations are required -action requested-
ADOPT RESOLUTION AND AUTHORIZE THE CHAIRTO SIGN.
PAGE 7 March 26, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MARCH 26,2013
PUBLIC HEALTH 3.15* Amendment to State of California Department of Public Health Grant 11-10034 for
Infectious Disease Control and Prevention -The department currently has an agreement
with the State of California Department of Public Health to provide a prevention and
control program for infectious disease. The program includes education, awareness,
outreach, counseling, testing, treatment, surveillance and reporting of infectious disease.
The current term of the agreement is July 1, 2011 through June 30, 2013 with a maximum
amount receivable of$16,338 ($8,169 per fiscal year). The department requests approval
of an amendment to this agreement. The amendment would add an additional two (2)
years to the term of the agreement. The revised term of the agreement would be July 1,
2011 through June 30, 2015. The new maximum amount receivable would be $32,676
($8,169 per fiscal year). Appropriations related to this grant are included in the current
budget — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.16* Resolution Recognizing National Public Health Week 2013 - In 1995, a Presidential
proclamation designated the first week of April each year as National Public Health Week.
In observance of Public Health Week, the Public Health Department is requesting the
Board of Supervisors adopt a resolution recognizing the week of April 1st through 7th as
National Public Health Week 2013. The theme for this year's National Public Health Week
is "Public Health is ROI (Return on Investment) - Save Lives, Save Money". The 2013
National Public Health Week theme was developed to highlight the value of prevention
and the importance of well-supported public health systems in preventing disease, saving
lives and curbing health care spending. Even small preventive changes and community
initiatives can make a big difference in living healthier lives. The Public Health
Department will be focusing its local educational efforts during Public Health Week on the
daily themes of National Public Health Week. The themes include Ensuring a Safe,
Healthy Home for Your Family, Providing a Safe Environment for Children at School,
Creating a Healthy Workplace, Protecting You While You're on the Move, and
Empowering a Healthy Community — action requested - ADOPT RESOLUTION AND
AUTHORIZE CHAIR TO SIGN.
PUBLIC WORKS 3.17* 2013 Slurry Seal Project - In November 2006, California voters approved Proposition 113,
which was a $20 billion bond package for transportation and safety repairs. Butte
County's last phase of Prop 113 road surfacing projects include the cape sealing of various
roads in the South Oroville and Thermalito areas as shown in the staff report. Public
Works crews will place the chip seal portion of the cape seal on the roads. The slurry seal
that will be placed over the chip seal, can be completed most efficiently by a private
contractor. Public Works is requesting authorization to bid this work. After bids are
received, Public Works will return to the Board with a recommendation to award the
project. The engineers estimate for the slurry seal portion of the work is $817,000.00 —
action requested -AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS
FOR THE SLURRY SEAL WORK FOR VARIOUS ROADS IN THE SOUTH OROVILLE AND
THERMALITO AREAS.
PAGE 8 March 26, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 26,2013
3.18* Butte County Support of Sutter Butte Flood Control Agency Submitting an Application for
the Flood Emergency Response Grant Program with the California Department of Water
Resources - The California Department of Water Resources (DWR) recently issued a call
for projects under the much anticipated Flood Emergency Response (FER) Grant Program.
The purpose of the grant is to provide grant funding for local emergency responders to
improve local flood emergency preparedness and response. This program will also assist
counties in the Sacramento-San Joaquin Valley (SSJV) to satisfy a requirement of the
Central Valley Flood Protection Act of 2008, which requires counties in the SSJV to
collaborate with cities within their jurisdictions to develop flood emergency plans within
24 months of the adoption of the Central Valley Flood Protection Plan (CVFPP). The CVFPP
also required that Regional Flood Management Plans (RFMP) be prepared for the 9
regions in the SSJV. Butte County is coordinating with Sutter Butte Flood Control Agency
(SBFCA) and the jurisdictions in the Feather River Region to prepare the RFMP. One
required component of the RFMP is to analyze and then develop an Emergency Response
section to improve Emergency Response during a flooding event. The FER Grant will then
assist in providing resources to implement the plan developed in the RFMP. SBFCA is
looking to act as the grant recipient for the area of its jurisdictional boundary. The
application is due to DWR by April 5, 2013. SBFCA is requesting that each jurisdiction
provide a support letter for this effort — action requested - APPROVE LETTER AND
AUTHORIZE THE CHAIR TO SIGN.
3.19* Farm and Ranch Grant Contract Award - On July 30, 2012, Public Works Department sent
out Request for Quotations (RFQ) to solicit bids for illegal waste site cleanup at three
private property project sites in Butte County where the property owners were not
responsible for the illegal dumping. The RFQ was sent in preparation for submitting a
Farm and Ranch Solid Waste Cleanup and Abatement Grant (the Grant) application. On
August 23, 2012, Public Works Department received five responses. The lowest
responsive and responsible quote for two of the projects was from Siller Construction
Company at $27,900. The lowest responsive and responsible quote for the third project
was from Gilmore Construction & Development, Inc., at$9,480. On January 15, 2013, the
County was awarded the grant from the Department of Resources Recycling and Recovery
(CalRecycle) for the abatement of these illegal dump sites. The grant scope of work
includes removal, recycling and/or disposal of waste tires and miscellaneous debris from
three parcels, totaling approximately 44 acres as well as fencing to secure two of the
sites. The grant also includes reimbursement for certain expenses incurred for the 2008
cleanup of Lookout Point and contract/grant administration costs —action requested — 1)
APPROVE AGREEMENTS AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO EXECUTE
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND 2)
APPROVE BUDGET ADJUSTMENT(4/5 vote required).
PAGE 9 March 26, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MARCH 26,2013
3.20* Siskiyou Grove Estates Subdivision, Final Map - Siskiyou Grove Estates Subdivision, AP
031-180-016, is located on the east side of 12th Street, at the northeast corner of Siskiyou
Avenue and 12th Street in Thermalito. This project was conditionally approved on
October 26, 2006 to divide a 2.1 acre parcel into 8 residential parcels ranging in size from
6,708 square feet to 11,348 square feet. An additional parcel is being created to be used
as a detention pond. The developer has complied with the Conditions of Approval for
Siskiyou Grove Estates Subdivision and has constructed the required improvements. A
Subdivision Agreement is required only for the one year maintenance period after map
approval. The developer has also petitioned for the creation of a Permanent Road
Division, Zone of Benefit to maintain the cul-de-sac street and the storm drainage
improvements. The public hearing for the zone of benefit will be heard at 9:30 a.m. on
this same agenda (Item 5.01) - action requested - 1) APPROVE THE FINAL MAP FOR
SISKIYOU GROVE ESTATES SUBDIVISION; 2) ACCEPT ON BEHALF OF THE COUNTY OF
BUTTE ABIGAIL LANE AND 12TH STREET, LOT A AS A WATER DETENTION FACILITY AND
THE RELINQUISHMENT OF ALL ABUTTER'S RIGHTS OF ACCESS ALONG 12TH STREET
FRONTAGE OF LOTS1, 8 AND DETENTION AREA, EXCEPT AT THE APPROVED ACCESS
POINTS; 3) ACCEPT ON THE BEHALF OF THE PUBLIC THE PUBLIC SERVICE EASEMENTS AND
PUBLIC UTILITY EASEMENTS AS OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT;
AND 4) AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT FOR THE ONE
YEAR MAINTENANCE PERIOD.
SHERIFF- 3.21* State of California - Department of Boating & Waterways - The Butte County Sheriff's
CORONER Office is requesting to accept State funding from the Department of Boating and
Waterways for FY 2013-2014 for year-round waterways patrol and enforcement. The
State funds support one full-time uniformed deputy sheriff providing law enforcement
services, boating safety and education on the rivers and lakes in Butte County. The State
requires the county to match the grant award of $159,342 with county boat tax revenue
in the amount of$96,888. The match is provided by the Sheriff's Office which dedicates a
full-time position to oversee the water enforcement program. The Sheriff's Office is
charged with maintaining safe waterways via boater safety education, law enforcement
services to the users of the waterways, as well as water rescue. The grant also funds a
leased vehicle, marine equipment, and supporting program services. Revenue is
anticipated and budgeted during annual budget preparation. The Sheriff's Office has
received grant funds from Department of Boating and Waterways since early 2000 —
action requested — 1) ACCEPT GRANT AWARD OF $159,342 FROM STATE OF CALIFORNIA,
DEPARTMENT OF BOATING AND WATERWAYS; 2) ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN; AND 3) AUTHORIZE THE FOLLOWING REPRESENTATIVES AS
DESIGNEES FROM THE SHERIFF'S OFFICE TO SIGN QUARTERLY REPORTS, QUARTERLY
REIMBURSEMENT REQUESTS, ANNUAL REPORTS, AND OTHER DOCUMENTS FOR THE
PERFORMANCE SERVICES DESCRIBED IN THE CONTRACT: JERRY W. SMITH, SHERIFF; KORY
HONEA, UNDERSHERIFF; JD JONES, CAPTAIN; AND SUSAN TIFFANY, ADMINISTRATIVE
ANALYST, ASSOCIATE.
PAGE 10 March 26, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MARCH 26,2013
4.00 REGULAR AGENDA
4.01* Boards, Commissions and Committees
1. Appointments to Listed Vacancies
2. Board Member or Committee Reports
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* Veterans Services Office to Provide Clients with a Veterans Identification Card -The Butte
County Veterans Service Office is launching a new program that will provide free Butte
County Veteran Photo Identification Cards to clients who are veterans of the United States
military, and who have received an honorable discharge. These cards may give veterans
the ability to receive discounts or other benefits offered by stores, restaurants, and other
service providers, many of which offer to veterans a 10% discount or more — action
requested -ACCEPT FOR INFORMATION. (Employment and Social Services)
PAGE 11 March 26, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 26,2013
5.00 PUBLIC HEARINGS AND TIMED ITEMS
9:30 A.M. 5.01* Public Hearing - Siskiyou Grove Estates Subdivision, Public Hearing to form Zone of Benefit
Zone 002 within Butte County Permanent Road Division - On January 29, 2013, the Board
adopted a resolution of intent to establish the Butte County Permanent Road Division,
Zone 002. The resolution set March 26, 2013 at 9:30 a.m. to hold a public hearing to
consider the formation and extent of the zone and the proposed assessment. In the public
hearing, the Board will receive written/oral testimony,tabulate the ballots, and determine
whether to form the Butte County Permanent Road Division, Zone 002 and levy the
assessment as described. The formal formation of this zone of benefit will be in
conjunction with the approval of the final subdivision map on this agenda (item 3.20 on
the consent agenda). The subdivision is located in Thermalito off of 12th Street at the
corner of 12th and Siskiyou Avenue. The project will create eight parcels and one parcel,
Lot A, for the location of a storm water detention basin which the County will accept. To
date, all the requirements of the Tentative Map have been completed and the
improvements installed. Based on this, the Public Works Department is recommending
that the Siskiyou Grove Estates subdivision be allowed to form a zone of benefit within the
Butte County Permanent Road Division (PRD) and that the formation of this zone, named
Zone 002, be considered by the Board. The property owner has provided a ballot in favor
of the service charges proposed in the Engineer's Report prepared for the PRD formation-
action requested - OPEN THE PUBLIC HEARING AND ASK FOR COMMENTS OR PROTESTS
TO THE ESTABLISHMENT OF THE PROPOSED SERVICE CHARGES; AND REQUEST BALLOT
RESULTS FROM THE CLERK OF THE BOARD; AND
1. IF A MAJORITY OF BALLOTS ARE IN FAVOR OF THE ESTABLISHMENT OF THE
SERVICE CHARGES, APPROVE THE FORMATION OF ZONE 002 TO IMPOSE ANNUAL
ASSESSMENTS FOR ROAD AND STORM DRAINAGE MAINTENANCE SERVICES.
-OR-
2. IF THE CURRENT OWNER OF THE PROPERTY WITHDRAWS PREVIOUSLY SUBMITTED
BALLOT OR PROTESTS, DENY THE REQUEST TO ESTABLISH SERVICE CHARGES.
(Public Works)
9:35 A.M. 5.02* Lease Origination: 900 Esplanade (Original Chico Veterans Memorial Hall) with Museum of
Northern California Art (monca) - The original Veterans Memorial Hall located at 900
Esplanade in Chico was constructed in 1927. The County lacks sufficient funds to renovate
the facility, and it was vacated after being decommissioned in 2005 due to lack of
maintenance. Although the building is vacant, the County's responsibility to maintain the
original exterior style of the building requires both major and routine maintenance on a
yearly basis. The County has been looking to partner with others able to help the County
identify and implement plans that can begin to utilize the facility. After meeting with the
City of Chico, the Chico Area Recreation District, the local Veterans' groups, schools in the
area and the community, staff recommends that the County adopt a resolution, pursuant
to California Government Code authorizing the process for executing a lease for a portion
of 900 Esplanade to monca creating a partnership to begin renovation of the building. The
terms of the 20 year lease agreement provide for minimal rent payment for six years
during the design, construction and implementation phase of the project and rent for the
remaining 14 years to be offset by the County receiving benefit of capital funds donated by
monca up to $370,000-action requested - 1) ADOPT THE RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN; 2) EXECUTE THE LEASE AND AUTHORIZE THE CHAIR TO SIGN; AND 3)
APPOINT THE GENERAL SERVICES DIRECTOR AS THE OFFICER OF THE PROJECT. (GS)
PAGE 12 March 26, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MARCH 26,2013
10:00 A.M. 5.03* Consideration of a Property Assessed Clean Energy (PACE) Program for Non-Residential
Properties within Butte County - Assembly Bill 811 (AB 811), signed into law on July 21,
2008, authorized all California cities and counties to designate areas within which willing
property owners could enter into contractual assessments to finance the installation of
energy efficiency improvements and renewable energy generation improvements. State
law has long provided cities and counties with the power to level assessments on the
county property tax bill for financing public projects, such as sewers, parks, and
underground utilities. AB 811 utilizes contractual assessment in the same way, however, it
expands these types of assessments to be levied for the purpose of financing the
installation of renewable energy and energy and water efficiency improvements that are
permanently affixed to the property. Based on the repayment structure, these types of
programs are referred to as PACE programs. Participation in PACE programs is completely
voluntary. Once an assessment district is formed, property owners voluntarily participate
in the district through the submittal/approval of finance assistance. Property taxes remain
unchanged for those properties owners located within the district who do not choose to
participate. In an effort to provide PACE services to property owners in the unincorporated
area of the County, County staff has researched options for providing PACE services and
based on the result of the research recommend the Board of Supervisors consider utilizing
the FIGTREE PACE program — action requested - 1) ADOPT A RESOLUTION APPROVING
ASSOCIATE MEMBERSHIP BY THE COUNTY OF BUTTE IN THE CALIFORNIA ENTERPRISE
DEVELOPMENT AUTHORITY AND AUTHORIZING AND DIRECTING THE EXECUTION OF AN
ASSOCIATE MEMBERSHIP AGREEMENT RELATING TO ASSOCIATE MEMBERSHIP OF THE
COUNTY IN THE AUTHORITY AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT A
RESOLUTION AUTHORIZING THE COUNTY OF BUTTE TO JOIN THE FIGTREE PACE PROGRAM;
AUTHORIZING THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY TO CONDUCT
CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS
WITHIN THE TERRITORY OF THE COUNTY OF BUTTE; AND AUTHORIZING RELATED ACTIONS
AND AUTHORIZE CHAIR TO SIGN. (Administration)
PAGE 13 March 26, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MARCH 26,2013
10:30 A.M. 5.04* Public Hearing—Appeal of Planning Commission's Denial of Conditional Use Permit UP11-
0002 - Pristine Sun, LLC - This is an appeal of an application for a conditional use permit
(UP11-0002) to develop a 0.5 megawatt solar energy generation facility for wholesale
electrical production, composed of 2,016 pole-mounted, single axis tracking photo voltaic
modules to be situated on approximately 5.0 acres on the southeastern portion of a 40.91-
acre parcel. (APN 027-220-084). The project site is located at 943 Cox Lane (the north side
of Cox Lane, between Lone Tree Road and Arabian Way) southwest of Palermo in the AG-
20 (Agriculture - 20-acre minimum) zone. At a public hearing on February 28, 2013, the
Planning Commission denied the conditional use permit based upon the project's location
on the subject parcel. The applicant has appealed the denial -action requested—
1) ADOPT THE MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA); GRANT THE APPEAL; AND ADOPT THE
RESOLUTION MAKING FINDINGS AND APPROVING CONDITIONAL USE PERMIT
UP11-0002, SUBJECTTO THE CONDITIONS OF APPROVAL.
-OR-
2) UPHOLD THE PLANNING COMMISSION DECISION; DENY THE APPEAL, AND ADOPT
RESOLUTION MAKING FINDING AND DENYING CONDITIONAL USE PERMIT UP11-
0002. (Development Services)
6.00 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.
7.00 CLOSED SESSION
7.01 ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(d)(1): 4 CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO SUPERIOR
COURT CASE NO. 016338;
3. COUNTY OF BUTTE, COUNTY OF PLUMAS v. DEPARTMENT OF WATER RESOURCES,
YOLO CO. SUP. CT CASE NO: CV09-1258;
4. DONALD NELSON,JOSEPH SIMPSON,THOMAS BREWER, DONALD CANFIELD v.
BUTTE COUNTY SHERIFF'S DEPARTMENT, LT. BRIAN FLICKER, DEP.J. DEAL, DEP.
MCNULTY, DEP. PALEY, SGT HOVEY, C.O. MOREHEAD, C.O. STOCKWELL, C.O. MELL,
C.O. BENTLY, C.O. PATRICK NARVAIS, C.O. DEMMERS, C.O. MAFFUCCI, CAPTAIN
JONES, US DISTRICT COURT EASTERN DISTRICT CASE NO. 09-2776.
7.02 INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(4)—1
POTENTIAL CASE: US FOREST SERVICE/PLUMAS NATIONAL FOREST TRAVEL MANAGEMENT
PLAN.
PAGE 14 March 26, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 26,2013
7.03 PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS,
PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14.WATER AND RESOURCE CONSERVATION DIRECTOR
PAGE 15 March 26, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MARCH 26,2013
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meeting Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m.
and are held in the Board of Supervisors Chambers, County Administration Building, 25 County Center
Drive, Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year.
Meeting dates can be changed as a result of holidays or other events so please check the meeting
calendar to be certain. Copies of the adopted meeting calendar for the year are available in the County
Administrative Office or at the Clerk of the Board website at www.buttecounty.net/cob.
Agenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at
least 72 hours before each meeting, and is available by mail subscription, e-mail subscription, or at the
Clerk of the Board website. A copy of the agenda and supporting materials provided to the Board of
Supervisors members to explain each agenda item (excluding documents that are not a public record
within the meaning of the Public Records Act) are available for your review at the County Administrative
Office, the Chico, Oroville, and Paradise libraries (please do not remove items from these files), and at
the Clerk of the Board website. Copies of supporting materials can be made for you at a charge to cover
costs. The list of communications included with the agenda packages is not comprehensive. Additional
communications to the Board of Supervisors may have been received but not included in the agenda
supporting material. Copies of all communications received by the Board of Supervisors (excluding
documents that are not a public record within the meaning of the Public Records Act)are available at the
Administrative Office upon request. An (*) appearing before an agenda item signifies that material has
been provided to the Board of Supervisors members to explain that item.
Agenda Format and The agenda is usually organized into the following areas and meetings generally proceed in the following
Meeting Order: order:
1. Consent Agenda:these are items that are considered routine and are handled by one motion and vote of
the Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card
(located in the back of the board room) and give it to the Clerk of the Board (sitting to the right of the
Board) or, when the Chair asks if there is anything anyone would like to remove from the Consent
Agenda, stand and approach the podium and request the item be removed. The removed items are
discussed at the end of the Regular Agenda.
2. Regular Agenda: this is where presentations to the Board and items that require full discussion are
heard. Items removed from the Consent Agenda are discussed under this section.
3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public
hearing are set. This is the section where appeals before the Board are usually discussed. Hearings may
start after the time listed,but will never start before the time listed.
4. Public Comment: this is the area of the agenda where members of the audience may address the Board
on any matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed
on the agenda,but may respond to statements or questions and provide staff direction.
5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances.
This area of the agenda identifies those items that will be discussed during the closed session.
Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to
allow members of the public the opportunity to comment on all matters before the Board. Public
participation is limited to matters within the subject matter jurisdiction of the Board pursuant to
Government Code Section 54954.3. The Board has adopted policy and procedures to facilitate the
meeting process and conduct. A complete listing of these policies and procedures can be found in the
printed booklet agenda,obtained at the County Administrative Office,or viewed at the Clerk of the Board
website.
The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals
with special needs should call the Clerk of the Board at 530-538-7631, Monday through Friday, 8:00 a.m.
to 5:00 p.m. to request disability-related modifications/accommodations or to request materials in
alternate formats. All requests for special accommodations and/or alternative format documents must be
made 48 hours prior to the meeting.
For further information contact the:
Clerk of the Board of Supervisors
County Administrative Office
25 County Center Drive,Oroville,CA 95965
530-538-7631
www.buttecounty.net/cob
PAGE 16 March 26, 2013