HomeMy WebLinkAboutA042313 BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
April 23, 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-APRIL 23,2013
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 April 23, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 23,2013
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.
2.00 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
3.00 CONSENTAGENDA
BEHAVIORAL 3.01* Cash Advance for Butte County Department of Behavioral Health (BCDBH) - Due to
HEALTH delayed reimbursements from the State in recent years, the BCDBH has faced significant
cash flow problems. When the department became its own fund, it needed a cash
advance to close the books at the end of a fiscal year. To improve cash flow, the
department has continued to budget less expenditures than anticipated revenues and
improved its billing process. This has helped the situation. As of the end of March 2013,
the cash deficit was approximately $6.3 million. This is comparable to the cash deficit at
the end of March 2010. All of the recent changes at the State level, and the realignment of
EPSDT and Managed Care revenues, have significantly impacted the cash received by the
department in the current fiscal year. This, and the lack of certainty in State payments, has
caused the stagnation of an overall reduction of the cash deficit. Due to continued
volatility of State reimbursements, the department is requesting a cash advance of up to
$8 million should this amount be necessary. The advance would come from available and
appropriate restricted and non-restricted cash accounts. In the past, the Public Health
realignment restricted cash accounts were the only accounts relied on. However, there is
the potential, should the cash deficit reach the $8 million amount,that other available and
appropriate accounts will be drawn from. The department will transfer the cash advance
back to the funds impacted at the beginning of fiscal year (FY) 2013-14. It is uncertain
when the department will return to a positive cash position overall due to uncertainty of
fiscal changes at the State and Federal levels — action requested - AUTHORIZE A CASH
ADVANCE OF UP TO $8 MILLION FROM THE PUBLIC HEALTH REALIGNMENT RESTRICTED
CASH ACCOUNTS (FUND 21 ACCOUNTS 10117411, 10117421, 10117451 AND 10117461)
INTO THE BEHAVIORAL HEALTH FUND (FUND 22) UP TO THE AVAILABLE AMOUNT AND, IF
NEEDED, AUTHORIZE A CASH ADVANCE FROM OTHER AVAILABLE AND APPROPRIATE
RESTRICTED AND NON-RESTRICTED CASH ACCOUNTS UP TO THE TOTAL DEFICIT ON JUNE
30, 2013.
PAGE 2 April 23, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—APRIL 23,2013
3.02* Resolution Authorizing Agreement between Department of Health Care Services (DHCS)
and Butte County Department of Behavioral Health (BCDBH) - DHCS administers mental
health care plans for the counties of California. DHCS requires BCDBH to enter into an
agreement which describes terms and conditions BCDBH will follow regarding provision of
specialty mental health services to Medi-Cal beneficiaries. The agreement also describes
terms and conditions regarding federal and state reimbursement to BCDBH for specialty
mental health services provided to Medi-Cal beneficiaries. Approval is requested to renew
the agreement with DHCS regarding provision of specialty mental health services. The
term of this agreement will begin May 1, 2013 and will terminate on April 30, 2018. The
maximum amount payable to BCDBH under this agreement is $103,411,224 — action
requested — 1) APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 2) ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
BOARD OF 3.03* Appointment to the Butte County Resource Conservation District (RCD) — Supervisor
SUPERVISORS Teeter submits his request to appoint David Lee as District 5 representative to the RCD.
The term will end January 2, 2017—action requested— MAKE APPOINTMENT.
CHIEF 3.04* AB 109 Prison Realignment Program Budget Adjustments -The FY 2012-13 budget for the
ADMINISTRATIVE AB 109 program included the use of estimated carryover funds from the FY 2011-12 AB
OFFICE 109 allocation. This item makes budget adjustments to reflect actual carryover amounts
and provides for the transfer to departments' operating budgets of FY 2011-12 accrued
AB 109 revenues. Additionally, the budget adjustment provides for unallocated AB 109
funds that will be spent in FY 2013-14 to be transferred to the General Fund until such
time that they are allocated. These adjustments do not increase expenditure authority in
any of the operating departments—action requested -APPROVE BUDGET ADJUSTMENTS.
(4/5 vote required)
3.05* Annual DNA Identification Report for 2012 — California Government Code (GC) section
76104.6 directs California Courts to levy a $1 penalty for every $10 or fraction thereof
upon every fine, penalty and forfeiture levied on criminal offenses including traffic
offenses, but excluding parking offenses, to implement the DNA Fingerprint, Unsolved
Crime and Innocence Protection Act (Proposition 69). According to GC 76104.6, in
calendar Year 2008 and in each calendar Year thereafter, 25% of the amounts collected,
including interest, must be distributed quarterly to the State and the remaining 75%,
including interest, can be used for specific local DNA related activities. The County is
required to submit an annual report to the Legislature and the Department of Justice, by
April 1 of each Year, on the total amount of fines collected, allocated and expended for
each authorized program in the preceding calendar Year. On March 8, 2005, the Board of
Supervisors established the DNA Identification Trust Fund for the collection of this
revenue. During calendar Year 2012, $118,839.55 in fees was collected and $240.98 in
interest was earned in this fund. A total of$29,709.90 was distributed to the State DNA
ID Fund and $89,129.69 was transferred to the Local DNA—ID Fund. The monies
transferred to the Local DNA-ID Fund earned additional interest of $2,858.21.
Expenditures of $119,356.40 were incurred during the calendar Year to cover costs of
evidence technicians and clerks in the Sheriff's Office. The Local DNA-ID Fund has a
current balance of$177,939.34.The fund will continue to be used to cover staff and other
related costs — action requested - APPROVE THE ANNUAL DNA IDENTIFICATION FUND
REPORT FOR CALENDAR YEAR 2012.
PAGE 3 April 23, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—APRIL 23,2013
3.06* Ratify Letters of Opposition -AB 537 (Bonta) and AB 616 (Bocanegra) -Assembly Bill (AB)
537 and AB 616 are bills that would further erode local collective bargaining rights. AB
537 proposes to mandate mediation in collective bargaining if either party requests it. AB
616 proposes to shift many elements of labor relations from local control to the
jurisdiction of the Public Employment Relations Board, as well as extend the timeline for
an employee representative to submit a dispute for fact finding. Since both bills are
scheduled to be heard on April 24th, the Administration Department requested that the
Chair sign the bills prior to Board consideration and now requests that the Board of
Supervisors ratify the Chair's signature — action requested — APPROVE LETTERS AND
RATIFY THE CHAIR'S SIGNATURE.
CLERK RECORDER 3.07* Letter of Opposition —Senate Bill 391 (DeSaulnier) -The Clerk-Recorder requests that the
Board of Supervisors approve a letter of opposition to Senate Bill (SB) 391, authored by
Senator DeSaulnier. The bill, entitled the California Homes and Jobs Act of 2013, would
impose a fee of$75 on the recordation of all real estate documents, excluding documents
recorded "in connection with" a real estate transaction. Under California law, the "fee" is
considered a tax and will require a 2/3 vote of the Legislature. The letter of opposition
outlines implications of the bill as proposed — action requested - APPROVE LETTER AND
AUTHORIZE THE CHAIR TO SIGN.
DISTRICT 3.08* Resolution Recognizing April 21-27, 2013 as National Crime Victims' Rights Week - The
ATTORNEY District Attorney's Office requests the Board of Supervisors approve and present a
resolution recognizing April 21-27, 2013 as National Crime Victims' Rights Week. Only 30
Years ago, crime victims had no rights until the enactment of the federal Victims of Crime
Act by President Ronald Reagan in 1984. Subsequently, California enacted Victims' Rights
Act known as "MarsY's" Law in 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 farther to go. For the Year 2012, the Butte County Victim/Witness Assistance
Center (VWAC) provided advocacy assistance to 2,702 local crimes victims (25% increase
over 2011); filed 1,420 claims to the Victims' Compensation Board (15% increase over
2011) with a total amount of $1,024,788 paid to victims — action requested - ADOPT
RESOLUTION AND AUTHORIZE CHAIR TO SIGN.
3.09* Budget Adjustment - The California Department of Justice, Witness Relocation and
Assistance Program (CaIWRAP) provides approval for local witness protection cases where
the state will reimburse specified costs. The nature of witness protection is such that the
number of persons needing witness protection, the duration of protection, and costs are
difficult to include in the department's annual budget. To date, the District Attorney's
Office has received $90,993.56 in reimbursement which needs to be accepted and
appropriated in budget to cover deficit expenditures — action requested - ACCEPT
UNANTICIPATED REVENUE AND APPROVE BUDGET ADJUSTMENT. (4/5 vote required)
3.10* Budget Adjustment - The District Attorney's Office has incurred increased costs in
prosecution of Environmental Cases. The department wishes to utilize $44,000 in funds
from their restricted cash account to cover these additional costs — action requested -
APPROVE BUDGET ADJUSTMENT. (4/5 vote required)
PAGE 4 April 23, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 23,2013
EMPLOYMENT 3.11* Proposed Facility Plan for Affordable Care Act (ACA) Service Center- Under the ACA,there
AND are significant changes and expansions of health coverage programs. At its meeting of
SOCIAL SERVICES March 26, 2013, the Board of Supervisors authorized the County's General Services
Director to execute an agreement amendment with the California SAWS Consortium IV
Joint Powers Authority (C-IV) in an amount not to exceed $1.7 million. This agreement
amendment has been executed and it will provide technology deployment services for
the ACA Service Center in preparation for Medi-Cal referrals from Covered California as
well as performance reporting. DESS has worked with the County's Chief Administrative
Office and General Services Department to identify spatial options and funding plans
needed for the ACA Service Center. A two-step plan has been developed to provide for
the short and long-term facility needs for this program. Initially, the ACA Service Center
will be located in space currently leased by the DESS in the Oroville Community
Employment Center located at 78 Table Mountain Boulevard. The total estimated cost of
this facility remodel is $150,000. The cost is fully covered by MediCal funds. Most of the
start-up costs, such as workstations, office partitions, chairs, and other purchased
equipment will eventually be moved and utilized at the ACA Service Center's permanent
location.The DESS will continue to work with the County's Chief Administrative Office and
General Services Department to identify options and funding plans for long-term facility
and staffing needs. These concepts will be developed and introduced to the Board of
Supervisors for consideration at a future date - action requested - 1) APPOINT THE
GENERAL SERVICES DIRECTOR AS OFFICER OF THE PROJECT; AND 2) APPROVE BUDGET
ADJUSTMENT. (4/5 vote required)
3.12* Resolution Recognizing May 2013 as Foster Care Month - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIRTO SIGN.
GENERAL 3.13* Lease Origination: 2592 Notre Dame Blvd. Suite B, Chico, with John Regh, for Occupancy
SERVICES by the Butte County Department of Probation - The Butte County Department of
Probation occupies 2,400 square feet of office space at 2592 Notre Dame Blvd., Suite B,
Chico, in an agreement due to expire June 30, 2013. The new lease rate will remain the
same as the current lease ($1.2495166 per foot) for the entire 62 month term of the
agreement for a monthly payment of $2,998.84. The planned termination date for the
agreement is June 30, 2018 and includes the option to extend for an additional 60 month
period. Funding for this lease is identified within the FY 2012-13 approved budget, and
will be included in FY 2013-14 recommended budget and requires no other additional
appropriation - action requested - APPROVE LEASE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN.
PAGE 5 April 23, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—APRIL 23,2013
3.14* Award of Contract for the Juvenile Hall Security System Upgrade and Budget Adjustment -
On December 11, 2012, the Board of Supervisors approved a contract with Fitzgerald
Technology Group to complete the design phase of the Juvenile Hall Security System
Upgrade project. The design, which is now complete, calls for a larger scope of work than
originally considered in the FY 2012-13 budget. Staff recommends a budget adjustment of
$35,000 utilizing Youth Offender Block Grant restricted fund balance to ensure a
successful installation, bringing the total project budget to $585,000. Staff also
recommends that the Board award the $469,000 contract for the construction phase of
the project to the company P2 ABC Controls. The term of the contract ends on December
31, 2013. P2 ABC Controls was selected through a competitive bid process late in 2011 to
install the Main Jail Security System and, subsequently, also installed the security system
in the Day Reporting Center. Utilizing P2 ABC will ensure consistency in quality and other
operational aspects between the public safety facilities located within the Oroville
Government Center Campus—action requested — 1) APPROVE THE AGREEMENT WITH P2
ABC CONTROLS AND AUTHORIZE THE CHAIR TO SIGN; 2) APPROVE BUDGET ADJUSTMENT
(4/5 vote required); AND 3) APPOINT THE GENERAL SERVICES DIRECTOR AS OFFICER OF
THE PROJECT.
HUMAN 3.15* Contract Amendment - Diane Davis Investigations - Due to an increased amount of
RESOURCES investigations in FY 2012-13, Human Resources requests an increase in the contract
between Butte County and Diane Davis from not-to-exceed $20,000 to not-to-exceed
$75,000, as well as extending the contract to end June 30, 2014 — action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.16* Resolution to Amend The Salary Ordinance - The Department of Human Resources has
prepared a resolution to amend the Salary Ordinance for the following departments:
DESS, Behavioral Health, Human Resources and Library. These changes will increase the
total allocations in the County by five (5) regular positions and one (1) term position.
Three (3) of the positions will be eliminated once departmental recruitments are
conducted and they become vacant.
DESS-The Employment & Social Services Department is requesting to add two (2)flexibly
staffed positions of Legal Office Specialist, Senior/Legal Office Specialist. Allocating these
positions with the Senior level will allow the department to have a lead worker over each
unit to help coach, lead and provide technical training. These changes will initially
increase the allocations in the department by two (2) positions until a departmental
recruitment can be conducted to fill them. Once the departmental recruitment is
complete, the two (2) positions that were vacated will be eliminated at a future Board
meeting. Funding for these positions is included in the Department's current fiscal year
budget.
PAGE 6 April 23, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 23,2013
In addition the department is requesting to add one (1) term position of Program
Manager, Employment & Social Services with an end date of April 30, 2014. This term
position is necessary for implementation of the Affordable Care Act (ACA). This position
will oversee the preparation, implementation and post implementation activities for this
project. Funding for this position is included in the Department's current fiscal year
budget. This change will increase the allocations in the department by one (1) term
position.
Behavioral Health - The Behavioral Health Department is requesting to add one (1)
position of Psychiatrist; one (1) flexibly staffed position of Behavioral Health Clinician
III/II/1 and delete one (1)flexibly staffed sunset position of Behavioral Health Clinician II/I.
These changes will allow for better medical coverage in the department and eliminates a
sunset position while adding a regular position. The sunset position was originally funded
with a grant, but funding has subsequently been replaced by other sources. These
changes will increase the total allocations in the department by one (1) allocation and
have no fiscal impact on the County General Fund.
In addition the department is requesting to delete one (1) vacant flexibly staffed position
of Office Specialist, Senior/Office Specialist/Office Assistant and add one (1) flexibly
staffed position of Medical Records Technician, Senior/Medical Records Technician. This
change will help standardize the support staff positions in the clinics. This change will
leave the total allocations in the department unchanged and have no fiscal impact on the
County General Fund.
Human Resources - The Human Resources Department is requesting to add one (1)
flexibly staffed position of Human Resources Analyst, Principal/Human Resources Analyst,
Senior/Human Resources Analyst/Human Resources Analyst, Associate. This position is
being requested to address the increasing workload in the department and ensures that
the department can continue to provide timely human resource services to all County
employees and departments. Any costs associated with this position for the current fiscal
year will be funded by within the department's budget. Funding for fiscal year 2013-2014
is included in the Department's requested budget. This change will increase the total
allocations in the department by one (1) position.
Library - The Library is requesting to add one (1) position of Librarian. This position is
needed to better meet the current and future needs of the department. Initially this
change will increase the allocations in the department by one (1) position until a
departmental recruitment can be conducted to fill the vacancy. Once the departmental
recruitment is complete, the position that was vacated will be eliminated at a future
Board meeting. Any costs associated with this position for the current fiscal year will be
funded within the department's budget - action requested - ADOPT RESOLUTION
AMENDING THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 7 April 23, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—APRIL 23,2013
LIBRARY 3.17* Budget Adjustments for Various Grants and Library Services and Technology Act (LSTA)
Grant Certification -The Library has received various grants and allocations that were not
included in the department's FY 2012-13 budget. The department requests that the
unanticipated revenue be received and appropriated as follows: 1) Northnet Library
System -A$3,000 grant for various staff trainings and a $10,200 grant for the purchase of
laptops, equipment and stipends to support a nutrition and Calfresh partnership with CSU
Center for Nutrition and Activity Promotion; 2) LSTA grants -A portion ($4,607) of a grant
received in FY 2011-12 for the purchase of e-readers and a $13,900 grant awarded in FY
2012-13 for a series of speakers in conjunction with Osher Lifelong Learning Institute. The
Library is only appropriating $10,516 of the 2012-13 grant at this time; 3) California
Council for the Humanities - A $10,000 grant to bring author Daniel Alacorn to Butte
County and for discussions of his work; and 4) California Library Literacy Services - an
allocation of $32,360 for the Literacy Program. The department is requesting increased
appropriations of $23,697, with the balance of the allocation offsetting existing staffing
costs. In addition, the Library Director requests that the Board of Supervisors authorize
her to sign the LSTA Certification and Financial Claim for Funds for Grant Award #40-8162
on behalf of the County - action requested — 1) APPROVE BUDGET ADJUSTMENT; AND 2)
AUTHORIZE THE LIBRARY DIRECTOR TO SIGN THE LSTA CERTIFICATION AND FINANCIAL
CLAIM FOR FUNDS. (4/5 vote required)
3.18* Spring Chico Unified Student Amnesty Chico Library - The Library Director requests that
the Board consider a fine amnesty for children and teenagers through a partnership with
Chico Unified School District for the 12/13 school year. Under the proposed amnesty
program, overdue fines will be waived when library materials are returned to school
libraries in May 2013.The children and teenagers returning the late items will also receive
information about library hours/locations and free summer library activities for families.
The goals of this project are to welcome these young people and their families back to the
library and to recover missing library materials. This is a pilot project which may be
expanded to other school districts for the 2013-14 school year-action requested -ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
PROBATION 3.19* Lisa Creamer O'Donnell - The Probation Department requests approval to amend an
agreement with Lisa Creamer O'Donnell, Licensed Marriage and Family Therapist, to
provide assessment, treatment, counseling and case management to at-risk youth and
families. The amendment would increase the amount payable by $20,000 to $92,179 for
FY 2012-13, and $412,716 for the full term of the contract. The contract end date of June
30, 2013 will remain the same. Funding for this contract is provided through the Juvenile
Justice Crime Prevention Act (JJCPA). No budget adjustment is required, and there will be
no General Fund impact — action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
PAGE 8 April 23, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—APRIL 23,2013
SHERIFF- 3.20* Securus Technologies - On July 9, 2012, the Sheriff's Office released a Request for
CORONER Proposal (RFP) for a software system to manage inmates. The RFP requested a software
system to maintain all data on inmates to include: name, date of birth, personal
identification numbers, photographs, fingerprints, description, property, money, charges,
court appearances, medical information, classification, visitors, bed check logs,
grievances, alerts, and all inmate history. The system we desired would allow for
automated inmate tracking and scheduling for court, visitors and medical appointments.
The Sheriff's Office formed a selection panel of seven panelists to review the sixteen
responses to the RFP, and the panel was able to narrow the list to six viable responses.
The top four companies were selected to complete a formal presentation to the panel,
and the panel was able to select the finalist, Securus. The County entered into
negotiations with Securus and reached an agreement last month.The Securus System will
allow the Sheriff's Office to properly manage all inmates,from booking to release, and will
greatly enhance scheduling by automating the inmate tracking system thus reducing staff
time involved with paper tracking. The total cost of the system, for equipment,
installation and training, in year one, which splits two fiscal years, is $433,693 ($130,110
in 12-13 and $303,583 in 13-14). Annual maintenance in year two and three is $55,200
each year. The total three-year contract price is $544,094. The entire system is funded
with Inmate Welfare Funds — action requested — 1) APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER; AND 2) APPROVE CAPITAL ASSET PURCHASE; AND 3) APPROVE
BUDGET ADJUSTMENT. (4/5 vote required)
WATER AND 3.21* Contract Amendment with the California Department Of Water Resources (DWR) and
RESOURCE West/Yost Associates - Butte County is conducting the Lower Tuscan Aquifer Monitoring,
CONSERVATION Recharge and Data Management Project that is funded by a contract with DWR through
Proposition 50 funds. This contract expires on June 30, 2013, with residual revenue
available. Butte County is also involved in the Northern Sacramento Valley Integrated
Regional Water Management (NSVIRWM) planning process through another contract
with DWR, which is funded under Prop 84. The Department is requesting an extension of
the Prop 84 contract for this six-county planning process through May 30, 2014. This
extension would allow the inclusion of flood management reports that are currently being
developed by the Central Valley Flood Protection program. With the extension of this
planning process through May 2014, additional funding for outreach activities, such as
public meetings is necessary. Because both grants have tasks associated with public
outreach activities, these increased costs are compatible with the residual Prop 50
revenues. Therefore, DWR, who is the administrator of both Prop 50 and Prop 84, has
approved the use of the residual funds under Prop 50 for use in the NSVIRWM planning
process. It is requested that the Board approve a contract amendment with DWR
extending the completion date and a contract amendment with West/Yost Associates
increasing the agreement by $70,000, extending the completion date, and modifying the
scope — action requested — 1) APPROVE AGREEMENT AMENDMENT WITH WEST/YOST
ASSOCIATES AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND 2) APPROVE AGREEMENT AMENDMENT
WITH DWR AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
OTHER AGENCIES 3.22* Resolution Recognizing April 2013 as Child Abuse Prevention Month —action requested —
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 9 April 23, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—APRIL 23,2013
PRESENTATION OF RESOLUTIONS ADOPTED ON THE CONSENT AGENDA
4.00 REGULAR AGENDA
4.01* Boards, Commissions and Committees
1. Appointment to Butte County Water Commission for Landowner-Private Well -The
term of one of the Landowner-Private Well Commission members ended in March
2013. The following individuals have expressed interest to be appointed to the
vacant seat: Mark Kimmelshue and John Scott — action requested — MAKE
APPOINTMENT.
2. Appointments to Listed Vacancies
3. 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* State Capitol Display Update - Lining the halls of the California State Capitol are fifty-eight
glass display cases, inside of which each of the counties may provide content showcasing
the county. The current Butte County display was updated in 2008 to include a diorama-
style display of Butte County features and assets. On October 25, 2011, the Board of
Supervisors amended the contract with Debra Lucero & Associates for the county-wide
tourism marketing program to include an update to the State Capitol Display representing
Butte County. The update to the State Capitol Display includes a video highlighting Butte
County. The video employs photo and video clips to illustrate Butte County assets
including: climate and geography, culture and history, outdoor recreation opportunities,
agriculture and business innovation. The video will be presented to the Board for
information and the new display will be installed in the State Capitol in May 2013 - action
requested -ACCEPT FOR INFORMATION. (Administration)
PAGE 10 April 23, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—APRIL 23,2013
4.05* Introduction of an Ordinance Amending Sections 23-11 to 23-21 of Article IV of the Butte
County Code - Records of Ownership of Nut Crops -The Board has adopted an ordinance
under the authority of the California Food and Agriculture Code (FAC) section 886 to
protect the Agriculture industry of this County. The intent of this article is to establish a
means of verifying ownership of these specified agricultural commodities in order to
prevent and deter theft of those commodities and to provide a means for local
enforcement of laws and regulations pertaining to the purchase and sale of these
commodities. Currently, the FAC and the Butte County Code gives the Agricultural
Commissioner authority to require proof of ownership for anyone who has in his
possession more than 25 pounds of commodity.This amendment would eliminate the 25-
pound restriction on unprocessed nut possession and require proper documentation of
such possession on a form approved by the Agricultural Commissioner. The amendment
would also create a walnut buying period, after which non-processing associated walnut
buying operations may take place. The walnut industry is particularly vulnerable to theft
due to the manner in which nuts are harvested from windrows. According to the Butte
County 2011 Crop Report, there were 37,700 harvested acres of walnuts in Butte County
with a market value of almost $219,000,000. This value will only increase in the near
future with more planted acres and higher commodity values. The acreage of planted
walnuts covers an expanse from the Tehama county border, to the Sacramento River, to
Durham, Gridley and the Sutter and Yuba County border which physically provides a
daunting task for law enforcement to patrol. This ordinance would provide a window of
time to help law enforcement to focus its attention on other theft issues, such as metal
and equipment theft, by eliminating roadside buyers that set up temporarily and often
pay cash without proper proof of ownership — action requested — WAIVE THE FIRST
READING OF THE ORDINANCE. (Agriculture)
4.06* Resolution Urging the State to Provide Sustainable Funding for Transportation
Infrastructure - Every vehicle, bicycle or pedestrian trip, from home, work or school,
begins and ends on a local road. Local roads are an important piece of the State's
transportation system. In fact, cities and counties own and operate 81% of the roads in
California. The results of the 2012 California Statewide Local Streets and Road Needs
Assessment, which provides critical analysis and information on the local networks
condition and funding needs, indicate that the condition of California's local streets and
roads are on a path of significant decline. On a scale of zero (failed)to 100 (excellent),the
statewide average Pavement Condition Index (PCI) is 66, placing it in the "at risk"
category. The Butte County PCI for 2012 was 65, down from a PCI of 67 in 2010 and a PCI
of 70 in 2008. Public Works will make a presentation to the Board of the results and
findings of the 2012 California Statewide Local Streets and Roads Needs Assessment
report. A copy of the full report can be found at http://www.savecaliforniastreets.org/—
action requested — 1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2)
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SEND A COPY OF THE ADOPTED
RESOLUTION TO LEGISLATORS. (Public Works)
RECESS
Recess as the Butte County Board of Supervisors and convene as the Thompson Flat
Cemetery District Board of Trustees.
PAGE 11 April 23, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—APRIL 23,2013
THOMPSON FLAT CEMETERY DISTRICT
BOARD OF TRUSTEES
AGENDA
APRIL 23, 2013
1.00 CALL TO ORDER - Butte County Board of Supervisors Room, 25 County Center Drive,
Oroville.
2.00 CONSENTAGENDA (No Items)
3.00 REGULAR AGENDA
3.01* Election of a Special District "Non-Enterprise" Regular Commissioner - The Butte Local
Agency Formation Commission (LAFCO) is calling for votes for a Special District Regular
"Non-Enterprise" member and an alternate member to serve on the Commission. The
term of the office is four years, beginning June 2013 and ending May 2017. If the
Thompson Flat Cemetery District Board of Trustees chooses to vote for members to the
Commission, the vote must be made by an official action of the Board and signed by the
Chair. The ballot and names of nominees are included in the staff report - action
requested - VOTE FOR ONE SPECIAL DISTRICT REGULAR "NON-ENTERPRISE" MEMBER
AND ONE ALTERNATE MEMBER TO LAFCO; -OR- DECLINE TO VOTE.
4.00 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 is
prohibited from taking action on any item not listed on the agenda.
ADJOURNMENT
Adjourn as the Thompson Flat Cemetery District Board of Trustees and reconvene as the
Butte County Board of Supervisors.
PAGE 12 April 23, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 23,2013
5.00 PUBLIC HEARINGS AND TIMED ITEMS
10:00 A.M. 5.01* Public Hearing-Whisper Ridge Golf Resort-Request to Certify Final Environmental Impact
Report (EIR), Approve Rezone (REZ), Use Permit (UP) and Lot Line Adjustments (LLA) -The
project is a golf course resort including a golf course, lodging, hotel, and wellness center
approximately six miles east of the City of Oroville on the east side of Highway 162, north
of Forbestown Road. The project includes a rezone to Recreation Commercial Overlay
(REZ12-0001), a use permit (UP12-0006) and two separate lot line adjustments (LLA12-
0010 and 12-0011). Additional project information is included in the staff report and in the
Final (EIR) and Draft EIR.The Planning Commission conducted a hearing on March 28, 2013
to make a recommendation to the Board of Supervisors on the project and the Final EIR.
The Planning Commission reviewed materials including the Final EIR, project exhibits
including the architectural theme, the staff report, and draft versions of the Board of
Supervisors resolutions. The Commission voted 5-0 to recommend to the Board of
Supervisors certification of the Final EIR and to approve the project with a Statement of
Overriding Considerations - action requested - 1) ADOPT THE RESOLUTION CERTIFYING
THE FINAL EIR; 2) APPROVE THE REZONE ORDINANCE FOR A RECREATION COMMERCIAL
OVERLAY WITH A CONDITIONAL ZONING AGREEMENT; AND 3) ADOPT THE RESOLUTION
APPROVING THE WHISPER RIDGE GOLF RESORT AT LAKE OROVILLE. (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.
PAGE 13 April 23, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 23,2013
7.00 CLOSED SESSION
7.01 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
7.02 ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(d)(1): 3 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.
7.03 SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9 (d)(2)-
ONE POTENTIAL CASE.
7.04 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
PAGE 14 April 23, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—APRIL 23,2013
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,Suite 200,Oroville,CA 95965
530-538-7631
www.buttecounty.net/cob
PAGE 15 April 23, 2013