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HomeMy WebLinkAboutA040814BUTTE COUNTY BOARD OF SUPERVISORS AGENDA April 8, 2014 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 and Clerk of the Board Bruce S. Alpert, County Counsel BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 8, 2014 PAGE 1 April 8, 2014 Butte County Department Heads Agricultural Commissioner Richard Price Assessor* Fred Holland Auditor-Controller* Dave Houser Behavioral Health Director (Interim) Cathi Grams 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 (Interim) Greg McFadden General Services Director Grant Hunsicker Human Resources Director Brian Ring Information Systems Director (Interim) Art Robison Library Director Melanie Lightbody Public Health Director Cathy Raevsky Public Works Director Mike Crump Sheriff-Coroner* Jerry Smith Treasurer-Tax Collector* Peggy Moak Water and Resource Conservation Paul H. Gosselin * Elected Official BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 8, 2014 PAGE 2 April 8, 2014 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. 2.00 CORRECTIONS AND/OR CHANGES TO THE AGENDA. 3.00 CONSENT AGENDA BEHAVIORAL HEALTH 3.01* A.A. Mental Health Resources, Inc. - Amendment B - Dr. Adegoke Adeyemo of A.A. Mental Health Resources, Inc. is a licensed physician and surgeon experienced in the delivery of psychiatric services through telepsychiatry, whereby clients receive psychiatric services by video-conferencing. Dr. Adeyemo's services will supplement those of other Butte County psychiatrists. Approval is requested for an amendment with A. A. Mental Health Resources, Inc. for additional hours of telepsychiatric services to provide additional service hours based on client need. There is no change in the rates. The term of this agreement will remain July 1, 2013 through June 30, 2014. The maximum financial obligation under this agreement shall not exceed $293,640. This is an increase of $88,960 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. 3.02* Summitview Child and Family Services, Inc. - Amendment B - Summitview is a private, nonprofit organization licensed by the State of California to provide a variety of mental health services to children and families. Approval is requested for an amendment with Summitview to provide additional mental health services due to additional consumer needs. There are no changes to rates, and the term of the agreement will remain July 1, 2013 through June 30, 2014. The maximum financial obligation under this agreement shall not exceed $119,675.12 This is an increase of $50,129.04 – action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. 3.03* Request for Appointment to Butte County Behavioral Health Board - The Behavioral Health Board requests approval to appoint Patricia Johnson as a Consumer Member to a current vacancy previously held by Edwin Hase. The term will end December 31, 2014 – action requested – MAKE APPOINTMENT. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 8, 2014 PAGE 3 April 8, 2014 3.04* Revised Behavioral Health Board Bylaws - The Behavioral Health Board (BHB) met for a strategic planning meeting on January 17, 2014. At this meeting multiple items within the BHB bylaws were identified as needing an update to remain current and consistent to the BHB. BHB requests approval of the revised bylaws with the following revisions: 1) Article I, Section 2, Subsection F: revised to clarify process for review and submission of BHB candidates; 2) Article II, Section 1, Subsection A(1): revised to specify the BHB shall have a minimum of thirteen and not exceed fifteen members; 3) Article II, Section 1, Subsection A(6): revised to specify that six BHB members be community members when the BHB comprises fifteen total members; 4) Article III, Section 1: revised from two Vice Chair positions to one Vice Chair; 5) Article IV, Section 1: removal of “a designated consumer Board member, and all Chairs of the Committees" from the Executive Committee; and 6) Article IV, Sections 2 and 3: revised language to reference "Standing/Ad Hoc committee" replacing "standing or special" committees, to remain consistent with other BHB bylaw language - action requested - APPROVE REVISED BEHAVIORAL HEALTH BOARD BYLAWS. CHIEF ADMINISTRATIVE OFFICE 3.05* Annual Disclosure of Compliance with Continuing Disclosure Requirements for Debt Issuance - The County has covenanted to meet Continuing Disclosure Requirements as specified in the documentation for issuance of long term debt. Currently, the 2003 Refunding Certificates of Participation, the 2004 Pension Obligation Bonds, and the 2006 Certificates of Participation are outstanding long term debt issues for which specific Disclosure documents must be filed timely with the Municipal Securities Rulemaking Board (MSRB), via Electronic Municipal Markets Access (EMMA). Additionally, the United States Department of Agriculture (USDA), pursuant to the Bangor Fire Station #55 Certificates of Participation, and the holders of the long term capital lease arrangements, such as the financing for the Veterans' Halls in Chico and various auto and equipment leases, require annual reporting of financial information directly to each lender. To ensure documentation of the County's compliance with the Continuing Disclosure Requirements, the Board of Supervisors is provided with evidence of timely filings on an annual basis. During the current fiscal year, all of the required annual disclosure information was provided timely to EMMA, the USDA, all other interested parties, leasing agencies, and credit reporting agencies. The documentation provided with the staff report, which includes confirmations of this year's filings with EMMA and a copy of the Miscellaneous Statistical Information for Butte County, supports this certification that all Continuing Disclosure Requirements have been met for the fiscal year ending June 30, 2013 - action requested - ACCEPT FOR INFORMATION. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 8, 2014 PAGE 4 April 8, 2014 DEVELOPMENT SERVICES 3.06* Request for County Building Permit Fee Waiver - Patrick Ranch 10831 Midway Avenue - The Far West Heritage Association has requested that the Board of Supervisors waive the building permit fees on a 168 square-foot garden shed and a 380 square-foot shade structure. The property is located at 10831 Midway Ave on Assessor’s Parcel Number 039-060-088. This facility is part of a larger collection of buildings and ranch property that represent the Patrick Ranch Museum which is open to the public. The Far West Heritage Association is a nonprofit association. The total estimate of County fees for the two buildings is $1,540.27. There may be minor adjustments to the fee as calculated with the actual building permit application. (Building Permit review, inspection and related fees). This fee estimate does not include any applicable school district or parks and recreation district fee or other non-County fees required at the time of the building permit. The Far West Heritage Association has requested this amount to be waived. County Code, Section 1-18 allows the Board of Supervisors to waive fees under certain circumstances - action requested - APPROVE WAIVER OF BUILDING PERMIT FEES, FINDING IT IS IN THE PUBLIC INTEREST TO DO SO. DISTRICT ATTORNEY 3.07* Resolution Recognizing April 6-12, 2014 as National Crime Victims' Rights Week - The District Attorney's Office requests the Board of Supervisors approve and present a resolution recognizing April 6-12, 2014 as National Crime Victims' Rights Week. Thirty years ago, crime victims had no rights until the enactment of the Federal Victims of Crime Act by President Ronald Reagan (1984). Subsequently, California enacted the Victims' Rights Act known as "Marsy's Law" (2008). Today all states have victims' rights laws and access to victim compensation funds to ensure services to help rebuild victims' lives. Through decades of advocacy and hard work, the treatment of victims has come a long way, but there is more to do. For the fiscal year ending June 30, 2013, the Butte County Victim/Witness Assistance Center (VWAC) provided advocacy assistance to 3,119 local crimes victims (15.5% increase over 2012); filed 1,471 claims to the Victims' Compensation Board (4% increase over 2012) with a total amount of $1,103,500 paid to victims – action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.08* Authorize Amendment to Contract with Access Information Management - The District Attorney's Office currently uses Access Information Management to provide secure shredding services. An amendment to the contract is requested to continue the statutorily required service. The end date of the current contract is June 30, 2014, and there is no change to this date. The Department wishes to increase the not-to-exceed price by $1,400. The total not-to-exceed amount of $18,064 is over the 7 year life of the contract – action requested - APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR- CONTROLLER. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 8, 2014 PAGE 5 April 8, 2014 EMPLOYMENT AND SOCIAL SERVICES 3.09* Access Information Management - Amendment Three - Approval is requested for an amendment to the agreement with Access Information Management Services for the provision of records storage and tracking. The amendment increases funding for the current fiscal year up to $38,351, to cover the fees to pull and permanently remove approximately 9,500 boxes of the Department of Employment and Social Services' (DESS) records. DESS plans to move all record storage business to a more competitively priced respondent selected from an earlier request for proposal process. This current year cost increase will be offset through savings realized by moving off-site records storage to a less expensive vendor. The term of the agreement will remain July 1, 2011 through June 30, 2014. The amendment increases the amount payable in fiscal year (FY) 2013-14 by $38,351 for a contract maximum of $189,351 ($55,000 for FY 2011-12; $55,000 for FY 2012-13; and $78,351 FY 2013-14) – action requested - APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. 3.10* Letter of Support for AB 2703 - County Veterans Service Officers - Approval is requested for a letter of support for AB 2703: County Veterans Service Officers. Assembly Bill 2703, if enacted, would increase local assistance funding for County Veteran Services Officers (CVSO), by increasing the amount of State assistance to CVSOs from approximately $2.6 million to $6 million statewide. Currently, Butte County contributes approximately 65% of the cost associated with services provided by the local CVSO; only 17% is provided by the State through the California Department of Veterans Affairs (CDVA). The State currently allocates $2.6 million per year to be distributed among the 56 California counties with CVSOs. This “Local Assistance” allocation has remained nearly unchanged for the past 19 years. Presently there are approximately 20,000 veterans residing in Butte County. This number does not include dependents, surviving family members, college students, or the many that do not identify themselves as veterans. Passage of AB 2703 would make it possible to expand services to thousands of underserved veterans and their dependents – action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. GENERAL SERVICES 3.11* Award of Contract to George Roofing for Paradise Library Roof Replacement Project - The Paradise Library, constructed in 1976, suffers from water intrusion from the roof that is no longer serviceable and is causing degradation of the interior construction of the facility. Following the design phase of the roof replacement project, General Services posted the Invitation for Bids, (IFB) 56-14, to contractors at the required contractor’s exchanges, plan rooms, the newspaper and at www.publicpurchase.com for the construction phase of the roof replacement project. Five contractors responded, with bids ranging from $208,130 to $336,863. The lowest qualified bid was submitted by Don C George, Inc., dba George Roofing of Oroville, CA. Staff recommends that the Board award the $208,130 contract to George Roofing to complete the project that will include a new roof membrane, fall protection components and mansard construction. Funding for the project is included in the FY 2013-14 budget and no additional appropriation is required to complete this project – action requested – 1) APPROVE THE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPOINT THE GENERAL SERVICES DIRECTOR AS OFFICER OF THE PROJECT. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 8, 2014 PAGE 6 April 8, 2014 HUMAN RESOURCES 3.12* Contract Amendment- Kris McNelis - Due to an increased amount of investigations in FY 2013-14, Human Resources requests an increase in the contract between Butte County and Kris McNelis from not-to-exceed $24,999 to not-to-exceed $50,000. All other terms and conditions remain the same – action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. 3.13* Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance. These changes will temporarily increase the total allocations in the County by one (1) position. The following are the sections of the Salary Ordinance to be amended: Sheriff: requests to delete one (1) vacant position of Personnel Operations Specialist and add one (1) flexibly staffed position of Sheriff’s Clerk III/II/I. This position has been vacant since September and the additional duties have been distributed to existing staff, however, the workload is too large to maintain. This change in allocation will meet the department’s needs and allow these additional duties to be completed. These changes will leave the total allocations in the department unchanged and have no additional fiscal impact on the County General Fund. Auditor-Controller: requests to add one (1) flexibly staffed position of Auditor- Accountant, Principal/Auditor-Accountant, Senior/Auditor-Accountant. This position is being added to better meet the current and future needs of the department. Once a departmental recruitment is conducted to fill this position, the vacated position will be requested to be deleted at a subsequent Board meeting. Any increase in cost associated with this change is covered by the department’s FY 2013-14 budget. This change will temporarily increase the total allocations in the department by one (1) position and have no additional fiscal impact on the County General Fund. Public Health: requests to convert three (3) sunset positions of Administrative Analyst, Senior/Administrative Analyst/Administrative Analyst, Associate and one (1) sunset position of Butte County Children and Families Commission Director with sunset dates of June 30, 2014 to regular help positions with no sunset date. These positions are fully covered by funds collected under the Proposition 10 tax on tobacco products that was approved by voters in 1998. Funding to cover the costs associated with these positions will be on-going for many years. These changes will have no fiscal impact on the Public Health Realignment or the General Fund and leaves the total allocations in the department unchanged. In addition, the department is requesting to delete one (1) vacant position of Information Systems Technician, Senior/Information Systems Technician/Information Systems Technician, Associate and add one (1) flexibly staffed position of Information Systems Analyst, Principal/Information Systems Analyst, Senior/Information Systems Analyst/Information Systems Analyst, Associate. After review of the tasks and duties that need to be completed, the department believes the Information Systems Analyst position will better meet the current and future needs of the department. Any increase in costs associated with this change is covered in the department’s FY 2013-14 budget. This change will have no additional fiscal impact on the County General Fund and will leave the total allocations in the department unchanged – action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 8, 2014 PAGE 7 April 8, 2014 PUBLIC WORKS 3.14* Authorization to Award Project to the Lowest Responsive and Responsible Bidder for the Recessed Pavement Markers on Skyway - In 2013 the County completed a pavement rehabilitation project on Skyway Road between Coutolenc Road and Nimshew Road. As part of that project, high reflectivity striping was installed in-lieu of recessed pavement markers. Through the winter months the alternative striping was monitored, and the Public Works Department determined that the alternative striping did not provide enough center line delineation reflectivity (visibility) during wet, rainy, night time driving. Therefore, the department advertised a recessed pavement marker project on February 27, 2014 to remedy this condition. The department received three (3) bids and opened them on March 18, 2014. The low bidder was Linear Options, Inc. of Durham, CA. The low bid amount was $28,386. The bid amount from Linear Options, Inc. was 52.89% below the engineer’s estimate of $60,250 – action requested - AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE CONTRACT SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. 3.15* Adoption of an Ordinance Repealing Article I of Chapter 13 and Replacing it with a New Article I of Chapter 13 of the Butte County Code - At the March 25, 2014 Board meeting, the Board introduced and waived the first reading of an ordinance repealing Article I of Chapter 13 and replacing it with a new Article I of Chapter 13 of the Butte County Code. The new ordinance would do the following: 1) Maintain 50 cubic yards (CY) as the lower limit for the requirement of obtaining a grading permit; 2) Eliminate double counting when calculating grading quantities on a parcel; 3) Eliminate the Determination of Exemption process in favor of establishment of a ministerial permit process; 4) Redefine the discretionary permit requirements by establishing additional criteria that would necessitate such a permit. That criteria included: grading over 1,000 CY; in a designated Flood Plain; near riparian areas; in areas of the County that are susceptible to landslides; and in areas of the County that have high erosion potential; 5) Establish criteria when the grading plan needs to be prepared by a licensed civil engineer and when not; 6) Establish how discretionary permits are issued by either the Zoning Administrator or the Planning Commission; 7) Establish time limits for how long a permit is valid. Upon adoption by the board the Ordinance would become effective in 30 days – action requested - ADOPT THE ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. 3.16* Resolution Certifying Annual Changes to Butte County Maintained Mileage - Section 2121 of the California Streets and Highways Codes, and Chapter 18 of the Caltrans Local Assistance Procedures Manual, requires that counties submit a listing of changes that have occurred to their list of maintained roads by May of each year. The County's submitted data is then forwarded by Caltrans to the State Controller for the allocation of State Gas Tax Funds. Caltrans District 3 Office of Local Assistance has requested that the Board of Supervisors approve a resolution prior to May 1, 2014, for the new maintained mileage. The County maintained mileage for the previous year (ending December 31, 2013) was determined to be 1,303.034 miles. The calculated mileage to be submitted this year is 1,299.998 miles, which is a decrease of 3.036 miles. This decrease is primarily due to annexations to the City of Oroville and updates in GIS data. The changes to the maintained mileage are shown in red in the staff report – action requested - ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 8, 2014 PAGE 8 April 8, 2014 3.17* Contract Amendment 1 for Design of the North County Public Works Facility - In February 2012, the Board approved an agreement with Nichols, Melburg & Rossetto Architects and Engineers, Inc. (NMR) to design a facility to replace the outdated corporation yard the Public Works Department currently operates in Chico. Recently, Slater and Sons of Chico was awarded the contract to construct the project. The original contract with NMR, which expired on February 6, 2014, included a provision for support during the construction phase. The amendment extends the term of the agreement to January 7, 2015. Additionally, the amendment compensates NMR for the design work required to change from the proposed automatic water fill station to a simpler manual system. While this change will increase design costs by $1,000, the resulting decrease in the costs of construction material for the water fill station will result in an overall savings to the project – action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. 3.18* Amendment 1 with Quincy Engineering, Inc. for Design Services Related to the Midway Bridge Replacement Across Butte Creek - On September 25, 2012 the County executed an agreement with Quincy Engineering Inc., of Sacramento, CA for the development of contract plans, specifications, and estimate (PS&E) required to construct the Midway Bridge across Butte Creek at a cost not-to-exceed $1,677,999.12. In addition to the development of PS&E for the project, a contract amendment was necessary for Quincy Engineering to perform additional project management work related to coordinating right-of-way appraisal and acquisition. This amendment increases the maximum amount payable by $62,271.79 and extends the completion date from June 30, 2017 to June 30, 2018 – action requested – 1) APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 vote required). SHERIFF- CORONER 3.19* State of California - Department of Parks and Recreation, Division of Boating and Waterways - Contract and Resolution - The Butte County Sheriff’s Office is requesting to enter into an agreement with the State of California, Department of Parks and Recreation, Division of Boating and Waterways for FY 2014-15 grant funds. The grant program is administered year-round and funds one (1) full-time uniformed Deputy Sheriff, and extra help staff, who provide law enforcement services, water rescue, and education on boating safety to the citizens on waterways in Butte County. The waterways include the Feather River, Lake Oroville, and the Sacramento River. In addition to a Deputy Sheriff, the grant funds a leased vehicle, marine equipment and supporting program services. The State requires the County to match the $159,342 grant award with boat tax revenue in the amount of $96,166. The Sheriff's Office provides a full-time Sheriff's Sergeant to oversee the water enforcement program as match. The Sheriff's Office is also requesting that as of July 1, 2014 the following representatives of the Sheriff's Office be authorized to sign quarterly reimbursement requests, annual reports and other documents for the performance of services described in the agreement: Kory Honea, Sheriff, JD Jones, Captain, or Susan Tiffany, Administrative Analyst – action requested – 1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 8, 2014 PAGE 9 April 8, 2014 3.20* State of California Department of Parks and Recreation, Division of Boating and Waterways - The Sheriff's Office applied for and received an equipment grant from the State of California, Department of Parks and Recreation, Division of Boating and Waterways (DBW) in the amount of $80,000. The DBW equipment grant will allow the Sheriff's Office to purchase a new fully-equipped patrol vessel. The new patrol vessel will be used to enhance the Sheriff's Marine Program, as well as assisting with Search & Rescue operations on Lake Oroville, the Sacramento River and the Feather River. DBW requests a certified Minute Order authorizing execution of this contract. The Minute Order must authorize by name and title, signatory of the contract and must be stamped with a certified county seal. No county match is required – action requested – 1) RATIFY SHERIFF JERRY SMITH’S SIGNATURE ON THE AGREEMENT; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 vote required) AND AUTHORIZE THE CAPTIAL ASSET PURCHASE; AND 3) PROVIDE A MINUTE ORDER. 3.21* State of California - Thermalito Afterbay Boating Enforcement Program FY15 - The Butte County Sheriff's Office is requesting Board of Supervisor's approval to continue negotiations with the State of California, Department of Water Resources for continued funding for the Thermalito Afterbay Boating Enforcement Program. The year-round program funds two (2) full-time uniformed Deputy Sheriffs providing law enforcement services to recreationalists utilizing the Thermalito Afterbay. In addition to law enforcement personnel, the funding provides support costs, off-setting building lease funds, fuel, office supplies, equipment, and vessel maintenance. The Department of Water Resources requests a Minute Order from the Board of Supervisors that the Sheriff’s Office can enter into another agreement with the State. A second agenda transmittal will be presented to accept funding – action requested – 1) AUTHORIZE THE SHERIFF'S OFFICE NEGOTIATIONS TOWARD AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF WATER RESOURCES; AND 2) PROVIDE A MINUTE ORDER. OTHER DEPARTMENTS AND AGENCIES 3.22* Request for Reappointment to Butte County Law Library Trustees – The Director of the Law Library has submitted a request for the reappointment of Raoul LeClerc and R. Bruce Finch as Trustees – action requested – MAKE APPOINTMENTS. 3.23* Resolution Recognizing April 2014 as Sexual Assault Awareness Month – action requested – ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 4.00 REGULAR AGENDA 4.01* Boards, Commissions and Committees 1. Appointments to Listed Vacancies 2. 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.) BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 8, 2014 PAGE 10 April 8, 2014 4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. 4.03* General Plan Follow-Up and Implementation by Director of Development Services. 4.04 Items Removed from the Consent Agenda for Board Consideration and Action. 4.05* Agreement with Town of Paradise to Collect Jail Facilities Fees - The County currently collects a development impact fee for jail facilities upon new residential development within the unincorporated area of the County in order to mitigate impacts on jail facilities resulting from residential development. The Town of Paradise agrees that the County may impose this fee on all new residential development projects within its incorporated boundaries for up to ten years, but only after the four (4) other municipalities in the County enter into a similar agreement - action requested - APPROVE AGREEMENT WITH THE TOWN OF PARADISE AND AUTHORIZE THE CHAIR TO SIGN. (Administration) 4.06* Revision of Water Well Ordinance (23B) to Establish Requirements for Exploratory Wells - The use of exploratory wells began in the early 2000's to allow developers and potential purchasers of land to verify the presence of an adequate supply of groundwater prior to making significant investments in their projects or purchases. The problem arose when water provided by exploratory wells was being used to facilitate unpermitted development activities. To address this problem, the Board of Supervisors, on November 5, 2013, directed the Public Health Department to develop a program requiring new exploratory wells to be capped and remain unused prior to completion of a process for verifying conformance with state and local requirements at the time of parcel creation. The Department returned to the Board on March 11, 2014 and presented a proposed revision of the Well Construction Ordinance that would require property owners with exploratory wells to maintain annually renewed maintenance permits and submit inspection reports by certified maintenance specialists to assure the wells remained unused prior to Parcel Review, as part of the permit renewal process. The proposed ordinance also included enforcement provisions for non-compliance. However, after further consideration and discussion, the Board determined that the proposed ordinance would adversely impact property owners with legal parcels opting for exploratory wells, and redirected the Public Health Department to bring the ordinance back with increased penalties and without provisions for annual permitting and inspection of exploratory wells – action requested - WAIVE THE FIRST READING OF THE PROPOSED ORDINANCE. (Public Health) BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 8, 2014 PAGE 11 April 8, 2014 5.00 PUBLIC HEARINGS AND TIMED ITEMS 9:25 A.M. 5.01* Public Hearing - Resolution Regarding the Submittal of a State Community Development Block Grant Application - Each year, the State Community Development Block Grant (CDBG) program allocates funds for eligible CDBG activities. This year, the Community Development and Economic Development Allocations of the State CDBG program published a combined Notice of Funding Availability (NOFA). Eligible cities and counties may submit applications to fund eligible CDBG activities under the NOFA. Eligible jurisdictions may apply for up to $2,000,000 for eligible CDBG activities within the categories of: Enterprise Fund, Housing, Public Improvements, Public Service, Public Facilities and Planning and Technical Assistance (PTA) Activities. County staff recommends applying for $952,351 for the following activities: 1) Housing - Housing rehabilitation for single family homes in the unincorporated areas of Butte County; 2) Enterprise Fund - Micro-enterprise technical assistance; 3) Public Facilities - Removal of architectural barriers at the County of Butte facility located at 196 Memorial Way in Chico – action requested - ADOPT THE RESOLUTION APPROVING THE SUBMITTAL OF A STATE COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. (Administration) 9:30 A.M. 5.02* Public Hearing - Recycled Water (Wastewater) Pond Ordinance - In 1987, the Board of Supervisors passed a resolution (87-108) that prohibited the approval of new wastewater ponds in Butte County due to concern that wastewater ponds discourage the development of public infrastructure. In 2006, a comprehensive set of standards was developed for wastewater ponds by a technical advisory group that included governmental and private-sector representatives. The advisory group completed a draft ordinance in 2007 that would restrict the type of wastewater ponds that can be approved in the future to “recycled water ponds," a type of wastewater pond that is lined to prevent any leakage and used only to store highly treated wastewater for beneficial reuse or for dispersal during the dry months of the year. After completion of the California Environmental Quality Act (CEQA) process for the General Plan and Zoning Ordinance in 2010 and 2012, the Board of Supervisors directed County staff to proceed with the CEQA review of the proposed pond ordinance in 2013. The CEQA process was completed in 2014 with an Initial Study that resulted in a Negative Declaration – action requested – 1) ADOPT THE CEQA NEGATIVE DECLARATION; 2) WAIVE THE FIRST READING OF THE PROPOSED ORDINANCE; 3) ADOPT THE RESOLUTION AMENDING THE BUTTE COUNTY MASTER FEE SCHEDULE, WITH THE RECOMMENDED FEE CHANGES TO GO INTO EFFECT ON THE SAME DATE THAT THE PROPOSED ORDINANCE BECOMES EFFECTIVE; 4) RESCIND 1987 RESOLUTION (RES. 87-108) THAT PROHIBITED APPROVAL OF WASTEWATER PONDS, EFFECTIVE ON THE SAME DATE THAT THE ORDINANCE BECOMES EFFECTIVE. (Public Health) BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 8, 2014 PAGE 12 April 8, 2014 10:05 A.M. 5.03* Public Hearing - Konkow Partnership, LLC Application for Outdoor Festival License - Konkow Partnership has submitted an application for an Outdoor Festival License per Chapter 12, Article III, Outdoor Festivals (Butte County Code Sections 12-25 through 12- 33). The festival is proposed to be three days (Friday through Sunday, June 27 - 29, 2014) with festival activities scheduled from 9:00 a.m. to 12:00 a.m. each day. The applicant proposes to have a maximum of 300-500 spectators, participants and other attendees per day. On-site camping and parking is proposed. The festival site will be on four parcels (APN 058-350-001, 002, 003 and 058-230-010), totaling approximately 77.5 acres. The parcels are located on the west side of Concow Road, directly across from Ishi Trail, at the Lake Concow Campground (12967 Concow Road, Concow). The Department of Development Services (DDS) has completed an environmental review of the application, completed a site visit, and determined that since no permanent structures will be built, and only normal seasonal clearing of grass areas will occur, the project is categorically exempt from the California Environmental Quality Act, per Section 15304 (e) - "Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, etc." The festival application was circulated to affected County departments and other agencies for their comments and requirements. Recommended festival conditions are included in the staff report – action requested – 1) FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(E) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND 2) APPROVE THE APPLICATION FOR AN OUTDOOR FESTIVAL PERMIT (RFD14-0003), SUBJECT TO THE CONDITIONS SPECIFIED IN THE STAFF REPORT. (Development Services) 10:20 A.M. 5.04* Timed Item - Conditional Use Permit Process for Well Stimulation (Hydraulic Fracking) Techniques - On January 15, 2014, the Butte County Water Commission heard an informational item on well stimulation (hydraulic fracking). Hydraulic fracking is a common term for hydraulic fracturing which is a technique of well stimulation used to increase petroleum production. While the practice has been around for decades, the magnitude and intensity has increased across the United States. The practice has led to opportunities to increase petroleum production in many parts of the country while raising concerns of groundwater contamination, seismic events and other environmental impacts. In Butte County, a small amount of natural gas is produced and no hydraulic fracking has occurred to date. The regulation of petroleum production is overseen at the State level by the Division of Oil, Gas and Geothermal Resources (DOGGR) of the Department of Conservation. In 2013, Senate Bill (SB) 4 was enacted with the intent of increasing the transparency, study, environmental review and regulations related to hydraulic fracturing. At the County level, the Zoning Ordinance requires a conditional use permit for oil and gas extraction. Although there are 26 natural gas wells in production, there has not been a conditional use permit issued for oil or gas extraction in over 25 years. There are approximately 200 abandoned gas wells in Butte County. Under SB 4, if the owner or operator of an existing gas well, new gas well or an abandoned gas well seeks to use well stimulation techniques, a permit under the new requirements would need to be issued by DOGGR. At the February 2, 2014 meeting, the Water Commission passed a motion recommending that the Butte County Board of Supervisors direct DDS to develop an amendment to the Zoning Ordinance that specifically requires a conditional use permit for hydraulic fracking oil and gas extraction practices – action requested - ACCEPT THE RECOMMENDATION OF THE WATER COMMISSION AND DIRECT STAFF TO DEVELOP AN AMENDMENT TO THE ZONING ORDINANCE THAT REQUIRES A CONDITIONAL USE PERMIT FOR HYDRAULIC FRACKING OIL AND GAS EXTRACTION PRACTICES. (Water and Resource Conservation) BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 8, 2014 PAGE 13 April 8, 2014 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 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: JACK HUGHES & BRIAN RING EMPLOYEE ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA; DSA - MANAGEMENT/SUPERVISORY UNIT; DSA- GENERAL UNIT; BCCOA - SUPERVISORY UNIT; BCCOA - GENERAL UNIT; CONFIDENTIAL UNIT; PPOA - MANAGEMENT UNIT; NON-REPRESENTED UNIT BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 8, 2014 PAGE 14 April 8, 2014 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 Meeting Order: The agenda is usually organized into the following areas and meetings generally proceed in the following order: 1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the Board. If you wish to discuss any item on the Consent Agenda you can either 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, Suite 200, Oroville, CA 95965 530-538-7631 www.buttecounty.net/cob