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HomeMy WebLinkAboutA050713 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA May 7, 2013 �► 0 4 0 p 0 0 _ a IUU 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-MAY 7,2013 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 May 7, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MAY 7,2013 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 AGRICULTURE 3.01* Adoption of an Ordinance Amending Sections 23-11 to 23-21 of Article IV. of the Ordinance Code of Butte County - Records of Ownership of Nut Crops - The Board has adopted an ordinance under the authority of the California Food and Agriculture (FAC) section 866 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 Butte County Ordinance 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 - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. PAGE 2 May 7, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MAY 7,2013 BEHAVIORAL 3.02* Resolution Authorizing Agreement between Department of Health Care Services and HEALTH Butte County Department of Behavioral Health - The Department of Health and Human Services (DHCS) administers mental health care plans for the counties of California. DHCS requires Butte County Department of Behavioral Health (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 that BCDBH provides to Medi-Cal beneficiaries. BCDBH requests approval from the Board of Supervisors to renew its agreement with DHCS regarding provision of specialty mental health services to Medi-Cal beneficiaries of Butte County. The term of this agreement will begin May 1, 2013 and will terminate on April 30, 2018. The maximum total amount payable to all 58 California counties under this agreement is $8,113,337,000. The actual payment to Butte County will be based on the number of clients served — 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. 3.03* Esplanade Enterprises, Inc. d.b.a. Merit Medi-Trans - Esplanade Enterprises, Inc., dba Merit Medi-Trans, provides non-emergency client transportation services for clients of BCDBH. Services consist of 24-hour non-emergent client wheel chair van, gurney van, and caged car transportation to and from local hospitals including BCDBH's psychiatric health facility, board and care facilities, mental health rehabilitation centers, or institutes for mental disease located within Butte County and other counties within the State of California. BCDBH requests approval from the Board of Supervisors to amend its agreement with Esplanade Enterprises, Inc., dba Merit Medi-Trans, Inc. The department has experienced an increased need for client transportation. There are no rate increases included within this amendment. The term of this agreement will remain July 1, 2012 through June 30, 2013. The maximum financial obligation under this agreement shall not exceed $267,801 (this is an increase of $57,810) — action requested - APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.04* Resolution Proclaiming May 2013 as Mental Health Awareness Month -The Butte County Department of Behavioral Health requests Board approval of a resolution proclaiming May 2013 as Mental Health Awareness Month — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.05* Sierra-Cascade Research Associates, Inc. Amendment A- Gerald E. Maguire, MD of Sierra- Cascade Research Associates, Inc. is a licensed medical doctor, who provides services in the specialized field of psychiatry as required for adult clients at the BCDBH Paradise Treatment Center. BCDBH requests approval from the Board of Supervisors to amend their agreement with Sierra-Cascade Research Associates, Inc. to add additional funds for provision of additional psychiatric services in fiscal year (FY) 2012-13. There are no rate increases within this amendment. The maximum financial obligation under this agreement shall not exceed $54,000 (this is an increase of $6,750) — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. PAGE 3 May 7, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MAY 7,2013 CHIEF 3.06* Debra Lucero & Associates - On July 10, 2007 the Board of Supervisors approved a three- ADMINISTRATIVE year contract with Debra Lucero & Associates for the implementation of the countywide OFFICE tourism and marketing program funded in part by unincorporated area transient occupancy taxes. On July 27, 2010 the Board of Supervisors approved a one-year extension of the contract through July 31, 2011. On October 11, 2011 the Board of Supervisors approved an extension of the contract through January 31, 2013 in order to provide tourism marketing services while the County developed a Countywide Tourism Development Strategy funded through the Community Development Block Grant (CDBG) Planning and Technical Assistance (PTA) grant. The countywide tourism and marketing program includes development of the Butte County Exhibit at the California State Fair. Amendment 5 to the Professional Services Agreement modifies the Scope of Work to include development of the Butte County Exhibit for the 2013 State Fair. Staff recommends approval of Amendment 5 to the Professional Services Agreement to increase the contract $12,770 to expand the Scope of Work and extend the completion date to August 30, 2013. Funds are available in the Administration Department budget to fund the increase in the contract - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. COUNTY 3.07* David Kennedy - Request approval of and authorize the Chair to sign an amendment to COUNSEL the agreement to retain attorney services between County of Butte and David Kennedy for services performed relating to Children's Services Division. The contract amount has been increased by 2% ($2,825) because of increased duties and workload (adoptions).The amendment extends the term of the agreement to June 30, 2014 — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. DEVELOPMENT 3.08* Prestige Landscaping -The Department of Development Services requests approval of an SERVICES agreement with Prestige Landscaping, a division of the Work Training Center, for landscape maintenance, and as-needed replacement/repair of plants/irrigation. Maintenance of the perimeter landscaping was a condition of approval for the Autumn Park Subdivision which is part of County Service Area (CSA) 172, in Chico. Funding for this agreement is paid by the homeowners of Autumn Park Subdivision via their tax bill. The five-year maximum amount for this agreement is $35,500. It includes the maintenance cost of $6,600 per year with a contingency fund of $2,500 for repairs. Prestige Landscaping is exempt from the competitive bidding(Public Contract Code Section 10295, State's Contract Manual Section 5.80.B.3.K) due to their qualification as operating as a community-based rehabilitation program. The department did solicit quotes from other providers to determine cost parity. Prestige Landscaping pricing has remained the same since July 2008. The community and clients of the Work Training Center benefit from the rehabilitation/training of the clients who learn valuable skills and receive compensation for their work—action requested -APPROVE THE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 4 May 7, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MAY 7,2013 DISTRICT 3.09* Budget Adjustments - The District Attorney's Consumer and Environmental Protection ATTORNEY Program involves many facets supporting the overriding concern for healthy communities. Since the late 1990's, the program has been funded by non-general funds derived from court-ordered fines and restitution paid by state and local offenders in environmental and consumer protection cases. These funds are held in a restricted cash account; restricted for the purpose of reimbursing case expenses for soil, water, air and consumer products sampling and testing, hazmat responses, damage restoration, ongoing case costs and public education. Other county entities incurring expenses are Public Health, Environmental Health,Air Quality, Development Services, Public Works and Water and Resource Conservation for which the District Attorney seeks and distributes reimbursement. During the annual budget, the department estimates the Consumer and Environmental Program appropriation needed for the fiscal year costs, with quarterly transfers from the restricted cash account to operating cash when expenditures are incurred.The department has incurred program costs in the amount of$60,815 above the amount appropriated ($124,089)for FY 2012-13. A significant challenge and cost this year has been the degradation of natural resources from marijuana crops and toxic and corrosive materials used in meth labs. The community hears about the offenders arrested and criminally prosecuted for illegal growing, harvesting and sales of marijuana, but there is little information about the long-term impact to soil and water, which is addressed by this vital program. The current balance in the DA-Consumer & Environmental Protection Restricted Cash Account is $65,158.94. The department requests a transfer from restricted cash to operating cash in the amount of$60,815 —action requested -APPROVE BUDGET ADJUSTMENTS. (4/5 vote required) 3.10* Budget Adjustments -The business of real estate involves many transactions which have substantial potential for fraud and other illegal activities, especially for homeowners. California Government Code § 27388 provides for a program for the investigation, prosecution and prevention of real estate fraud and fees to support the program. In 2008, the Board of Supervisors adopted a resolution providing a $3 fee to be paid on the following: deed of trust, assignment of deed of trust, reconveyance, partial reconveyance, request for notice, notice of default, substitution of trustee, notice of trustee's sale and rescission of declaration of default. These non-general funds from the fees collected are held in a restricted cash account; restricted for the purposes defined in Government Code § 27388 and above. During the annual budget adoption, the department estimates the Real Estate Fraud appropriation needed for the fiscal year costs, with quarterly transfers from the restricted cash account to operating cash when expenditures are incurred. The department has incurred program costs in the amount of $7,200 above the amount appropriated ($23,877) for FY 2012-13. The current balance in the Real Estate Fraud Prosecution Restricted Cash Account is $272,582.81. The department requests a transfer from restricted cash to operating cash in the amount of $7,200 — action requested - APPROVE BUDGET ADJUSTMENTS. (4/5 vote required) PAGE 5 May 7, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MAY 7,2013 EMPLOYMENT 3.11* Youth for Change - Approval is requested for an agreement with Youth for Change to be AND one of two providers of the Transitional Housing Placement - Plus (THP-Plus) Program. SOCIAL SERVICES The THP-Plus Program was established by the California State Legislature in 2001 and provides affordable housing and comprehensive supportive services for up to 24 months to help former foster care and probation youth, ages 18 to 24, make the successful transition from foster care, or other out of home placement, to independent living. The term of the agreement is July 1, 2013 through June 30, 2015, with a maximum contract amount of $445,680 ($222,840 for FY 2013-14 and $222,840 for FY 2014-15) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. GENERAL 3.12* Introduction of an Ordinance Amending Butte County Code, Chapter 51, SERVICES "Contracts/Procurement Sunset Pilot Project" -On June 12, 2012, the Butte County Board of Supervisors adopted the Contracts/Procurement Sunset Pilot Project Ordinance (Butte County Chapter 51). Following adoption, General Services kicked off a pilot team project to develop improved policies and procedures for contracting and procurement functions throughout the County. The comprehensive effort has held a deliberate pace and with the training and certification parts of the program functioning, pilot team departments are able to process many contracts in record time and full audit results indicate dramatic improvements in quality. Staff recommends that the Contracts/Procurement Sunset Pilot Project Ordinance be extended to allow for auditing over an extended period and to provide staff with sufficient time to finalize draft policies and procedures for Board consideration-action requested -WAIVE THE FIRST READING OF THE ORDINANCE. HUMAN 3.13* Adoption Of Salary and Benefit Resolution for Appointed Department Heads - In an effort RESOURCES to reflect the Public Employee Pension Reform Act (PEPRA) that went into effect on January 1, 2013, the Salary and Benefits Resolution for Appointed Department Heads has been revised to include language outlining the impacts of PEPRA on CalPERS retirement plans. The revised resolution includes language that distinguishes between what PEPRA refers to as "Classic Members" and "New Members". Among other items, the revised language includes the various retirement formulas for new members (2% @ 62 Misc; 2% @ 57 Safety); final compensation for retirement calculation for new members (highest 3 year average annual compensation); and retirement contribution for new members (one half the normal cost of the CalPERS pension). In addition to the language related to PEPRA being updated, there is minor cleanup to existing language in the resolution. Most of the changes update language to reflect the current Personnel Rules including Section 1(c) Vacation Buy Back and Section 11(b) Travel Policy and Meal Reimbursement. Section 1(c) was updated to reflect the current practice of providing the ability for appointed department heads to buy back vacation accruals that were previously earned with CAO approval and available funding. This is currently permissible for all County employees. Section 11(b) was updated to remove the reimbursed meal amounts and replace it with a reference to the Travel Policy that is included in the Personnel Rules —action requested - ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 6 May 7, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MAY 7,2013 3.14* Adoption of Non-Represented Salary and Benefits Resolution - In an effort to reflect the Public Employee Pension Reform Act (PEPRA) that went into effect on January 1, 2013, the Salary and Benefits Resolution for Non-Represented Employee has been revised to include language outlining the impacts of PEPRA on CalPERS retirement plans.The revised resolution includes language that distinguishes between what PEPRA refers to as "Classic Members" and "New Members". Among other items, the revised language includes the various retirement formulas for new members (2% @ 62 Misc; 2% @ 57 Safety); final compensation for retirement calculation for new members (highest 3 year average annual compensation) and retirement contribution for new members (one half the normal cost of the CalPERS pension). In addition to the language related to PEPRA being updated, there is minor cleanup to some existing language in the resolution. Most of the changes updated language to reflect the current Personnel Rules including Section 1.10(b) Meal Reimbursement. This section was updated to remove the specificity to the Personnel Rules Section 12.10 and replace it with a reference to the Travel Policy that is included in the Personnel Rules — action requested - ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.15* Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance for the following departments: Public Health: The Public Health Department is requesting to add one (1) position of Program Manager, Public Health. During the FY 2012-13 budget process, funding was included and approved for the addition of an Accreditation Coordinator position to oversee the Accreditation process. The department and Human Resources believe that the position of Program Manager, Public Health would be the best classification to perform the accreditation duties while also giving the department the flexibility to work on other Public Health programs/functions. Funding for this position is included in the Department's current fiscal year budget. This change will increase the total allocations in the department by one (1) position — action requested - ADOPT THE RESOLUTION AMENDING THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. PUBLIC HEALTH 3.16* Annual Public Health Solid Waste Assistance Grant Application Resolution -The California Department of Resources Recycling and Recovery (CalRecycle) is making available funds to support local solid waste landfill permit and inspection programs. The funds will be used in addition to solid waste permit fees and landfill tonnage fees to fund monthly landfill inspections and other solid waste program activities, including the investigation of illegal landfills. Grant funding also supports participation in local enforcement agency and CalRecycle coordination activities to assure program uniformity and compliance with applicable state regulatory requirements. This annual Local Enforcement Agency grant package (EA-24) provides approximately $18,000 in state funding to support solid waste activities. As part of the grant application, the County is required to adopt a resolution providing authority for the Director of Environmental Health to apply and sign the grant application and other related documents for this annual grant cycle — action requested - ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN. PAGE 7 May 7, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MAY 7,2013 PUBLIC WORKS 3.17* Resolution Giving Notice of Hearing to Vacate an Unnecessary Public Alley Right of Way in the Town of Richvale -The Department of Public Works has received a petition to vacate (abandon) a portion of an unnecessary public alley right of way in the Town of Richvale between Midway and Calrose Avenue, running parallel to and between Richvale Highway to the south and School Street to the north, between APN's 029-154-003, 004 & 013. On April 25, 2013,the Planning Commission determined that the request was in conformance with the General Plan — action requested — 1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; 2) SET A PUBLIC HEARING FOR 9:40 A.M. ON JUNE 11, 2013; AND 3) DIRECT THE CLERK OF THE BOARD TO PUBLISH THE NOTICE OF HEARING PURSUANT TO STREETS AND HIGHWAYS CODE SECTION 8322. 3.18* Declaration of Use of Force Account Pursuant to Public Contract Code Section 22031 - On January 1, 2013 AB 720 (Hall) amended Public Contract Code Section 22031 to limit the amount of road construction and reconstruction work that can be performed by County personnel under force account. Public Contract Code Section 22031(b)(2) limits road construction and reconstruction by County forces to 30% of the total value of all work performed other than maintenance activities and emergency work. Since Butte County became a signatory to the California Uniform Public Cost Accounting Act in 1999, the County needs to comply with AB 720 and make certain declarations. Butte County Public Works does not construct or reconstruct roads or bridges using its own crews (force account). However the department provides capital project delivery support for road and bridge construction and reconstruction projects, such as engineering design, surveying, construction management, inspection, and materials testing. These costs and other miscellaneous force account work does not exceed the maximum 30% threshold established by AB 720. In order to comply with AB 720 requirements,the County Board of Supervisors or Road Commissioner (Public Works Director) needs to declare its intention to use the authority provided in Public Contract Code Section 22031—action requested — 1) DECLARE IT IS THE BOARD OF SUPERVISORS' INTENT TO UTILIZE THE AUTHORITY UNDER PUBLIC CONTRACT CODE SECTION 22031 TO PERFORM FORCE ACCOUNT WORK; AND 2) APPROVE USE OF COUNTY FORCES TO PERFORM A MAXIMUM OF 30% OF THE TOTAL VALUE OF ALL WORK PERFORMED BY FORCE ACCOUNT, OTHER THAN MAINTENANCE, IN ROAD CONSTRUCTION AND RECONSTRUCTION AS ALLOWED UNDER PUBLIC CONTRACT CODE SECTION 22031. SHERIFF- 3.19* Acceptance of Justice Assistance Grant Funds - The Butte County Sheriff's Office applied CORONER for and received a grant through the Board of State and Community Corrections (BSCC) in the amount of $186,494. The BSCC grant was made available from the Edward Byrne Memorial Justice Assistance Grant Program. The grant award will be utilized by the Sheriff's Office to investigate illegal cultivation and trafficking of marijuana in Butte County. The grant will reimburse the County for one full-time Deputy Sheriff, overtime for a DA Investigator and overtime for deputy sheriffs, extra help deputy sheriffs, aircraft expenses, office equipment, fuel, training, and specialized equipment and a capital asset in the amount of$41,000. The grant funding cycle is October 2012-September 2013, nine (9) months budgeted in FY 2012-13,three (3) months of Salary and Benefits are budgeted in FY 2013-14. These grant funds replace the CalEMA Marijuana Suppression Grant funds —action requested - RATIFY SHERIFF SMITH'S SIGNATURE ON THE AGREEMENT; APPROVE BUDGET ADJUSTMENT (4/5 vote required); AND AUTHORIZE THE PURCHASE OF A CAPITAL ASSET. PAGE 8 May 7, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MAY 7,2013 3.20* Law Enforcement Memorial Week - May 12-18 is National Law Enforcement Memorial Week, a time to honor and remember those law enforcement officers who have died in the line of duty protecting their communities - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.21* Acceptance of Funding from the Shasta County Sheriff's Office-The Butte County Sheriff's Office had participated in the Multi-Jurisdictional Methamphetamine Enforcement Team with the Shasta County Sheriff's Office utilizing funding from the California Emergency Management Agency (CaIEMA). The Shasta County Sheriff's Office received additional funding from CalEMA and allocated funding to the Butte County Sheriff's Office in the amount of $1,242. The funding is to be utilized by the Sheriff's Aviation Unit for Aircraft Maintenance. This funding must be expended by June 30, 2013 - action requested - ACCEPT GRANT FUNDING AND APPROVE BUDGET ADJUSTMENT. (4/5 vote required) TREASURER 3.22* Columbia Ultimate Business Systems, Inc. -This Software Support amendment agreement TAx COLLECTOR is for the period of July 1, 2013 through June 30, 2014 at a cost of $33,076, an increase over last year's amendment due to the purchase of two additional software licenses. Columbia Ultimate Business Systems, Inc. (CUBS) provides technical assistance and licensing to the users of their collector software systems. Each year the Department renews the Software License Agreement and Software Support Module — Silver Support Agreement. A percentage of the value of the software previously purchased sets the renewal fee schedule. The cost breakdown is as follows: 1) Annual Software License Agreement-$4,248; 2) Annual Software Support Module/Silver Support-$20,256; and 3) New License Purchase and Support - $8,572 — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.23* Immedia, a Division of Columbia Ultimate Business Systems, Inc. -The Central Collections Division of the Treasurer-Tax Collector Department utilizes the Immedia Division of Columbia Ultimate Business Systems, Inc. (CUBS) to mail customer letters that are initiated by the Revenue and Reimbursement Officers in the course of their daily work. The department uses the CUBS software collection system to service the Court and the County's delinquent debt portfolio. Immedia is the business unit of CUBS that handles the billing and letter program piece of the overall collections program. Each year, the department amends the contract to cover anticipated levels of service needed for the coming fiscal year. The amendment extends the contract term to June 30, 2014 and provides for a maximum payment of$27,000 for service during the 2013-2014 fiscal year —action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 9 May 7, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MAY 7,2013 WATER AND 3.24* Davids Engineering - On January 8, 2013, the Board of Supervisors authorized the RESOURCE Department of Water and Resource Conservation to initiate the development of the CONSERVATION Water Resource Management and Protection Project. The Department began scoping the next phase of the project that entails updating the Water Inventory and Analysis Report. The Inventory and Analysis Report will evaluate current water demands and availability. Scenarios from changed conditions (e.g. land use, drought, climate change) will also be conducted. The Department created an Inventory and Analysis Report Advisory Committee from members of the Water Commission and the Technical Advisory Committee. There will be a public outreach component through all stages of the project. The effort to update the Inventory and Analysis will be conducted largely by County staff. However, there is a need for specific professional services. In January 2013, the department issued a request for proposals for specific tasks associated with the Inventory and Analysis Report. The County received four proposals that were reviewed by the Advisory Committee. The Advisory Committee recommended the County award the contract to Davids Engineering. The contract with Davids Engineering will terminate on November 7, 2014 and the total cost of the professional services is $150,000 — action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.25* Capital Asset Approval - Computer Touch Table - Butte County is conducting the Lower Tuscan Aquifer Monitoring, Recharge and Data Management Project that is funded by a contract with the Department of Water Resources through Proposition 50 funds. The project is on schedule and will end on June 30, 2013. On April 9, 2013, the Board of Supervisors authorized the capital asset purchase (not to exceed $65,000) for a multi- touch 55" computer touch table and related software suitable for an interactive exhibit that will run map based applications for interactive water related information and data. The touch table will allow users to explore region's land use, hydrology and other water related data layers in an interactive format. The Department proceeded with the bid process to procure the capital asset. The Department has remaining funds in the Proposition 50 grant to purchase a second touch table for a considerable lower price (not to exceed $20,000). The cost savings is the result of not having to develop the related software. The software for the first touch table can be used for multiple devices. The department intends to house the second touch table at a County facility in the south County area. One option might be to locate the touch table at the Butte County library in Oroville. Additionally, the touch table may be housed on a mobile station that will allow for use at the County Fair and other public venues. The department requests that the Board of Supervisors authorize a capital asset purchase not exceed $20,000, moving funds from one account to another — action requested - AUTHORIZE THE CAPITAL ASSET PURCHASE AND APPROVE BUDGET ADJUSTMENT. PAGE 10 May 7, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MAY 7,2013 3.26* May 2013 Water and Watershed Awareness Month Resolution -California water agencies have celebrated May as Water Awareness Month since 1989. May brings warmer weather and an opportunity to remind us all to use water wisely inside and outside the home. The California Water Awareness Campaign is a year-long effort by organizations throughout California to heighten public awareness about the conservation, supply, quality, and distribution of water. Their "Nice Save!" public education campaign shows consumers the many ways to conserve water. The California Watershed Network launched California's first annual Watershed Awareness Month in May 2005. Throughout the month of May, volunteer community organizations, educators, and other groups are encouraged to promote the importance of watersheds at the grass-roots and community levels by organizing and conducting watershed awareness activities. In light of these statewide efforts, Butte County along with the Butte County Resource Conservation District and other local watershed groups and water agencies would like to join with others around the state to encourage wise water use and raise awareness for the health and management of our watersheds and water resources — action requested - ADOPT THE 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 or Committee Reports 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* State Capitol Display Update - Lining the halls of the California State Capitol are 58 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 for information and the new display will be installed in the State Capitol in May 2013 — action requested - ACCEPT FOR INFORMATION. PAGE 11 May 7, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MAY 7,2013 4.06* Discussion of Regional Groundwater Transfers - State and federal water contractors south of the Delta are seeking water transfers from the Sacramento Valley. Water transfers are not uncommon but can substantially increase during periods when allocations are low. Water transfer programs typically involve the fallowing of specific crop acreage and transferring the surface water that would have been delivered to the acreage; and/or transferring surface water and substituting groundwater for the transferred surface water. In Butte County, groundwater substitution transfer programs require a permit pursuant to Chapter 33. Fallowing transfer programs are not subject to Chapter 33. No groundwater substitution programs have occurred in Butte County since 1994 and none are contemplated in the foreseeable future. Within the region, water transfer programs including groundwater substitution programs are being contemplated this year. Although Butte County does not have jurisdiction over water transfer programs in other jurisdictions, it remains involved. For transfer specific programs, the Department of Water Resources Conservation reviews proposed programs, and with the assistance of the Department of Development Services, reviews the applicable environmental documents. The Department disseminates information on water transfer programs to the public through various venues (e.g, Water Commission, newsletter, website). Additionally, when State and federal agencies propose long-term, region-wide transfer programs (e.g., Drought Water Bank, 10 Year North-South Transfer Program), the County has submitted formal comments and concerns — action requested - ACCEPT FOR INFORMATION AND PROVIDE DIRECTION TO STAFF. (Water on Behalf of District 1 and District 3) 4.07* Resolution Recognizing May 2013 as Building Safety Month and Amnesty Program for May and June 2013 - The Building Safety Month (May 2013) and the Permit Amnesty Program (through June 28, 2013) are aimed at protecting public health, home/business owner's safety, and the environment by encouraging property owners to complete the County's permit process. These efforts are designed to ensure construction meets acceptable standards and to educate the public about building codes through outreach activities. The Amnesty Program provides property and business owners the opportunity to apply for permits for buildings, additions, and remodels not previously permitted with the following intended benefits: 1) The 60% investigative building permit penalty fees would not be imposed; and 2) Assignment of a staff member to assist the property owners through the application process. Compliance with the building permit process can assist those property owners that may have their properties on the market where the sale may be jeopardized due to unpermitted work. Residential, industrial and commercial unpermitted construction work or unpermitted commercial occupancies are eligible for the Amnesty Program — action requested — 1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE AN BUILDING PERMIT AMNESTY PROGRAM THROUGH JUNE 28, 2013 WHERE THE 60% PENALTY FEE WOULD NOT BE IMPOSED TO ELIGIBLE APPLICANTS. (Development Services) PAGE 12 May 7, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MAY 7,2013 4.08* Introduction of an Ordinance Amending Butte County Code, Chapter 45-Emergency Medical Response - The current Emergency Medical Response Ordinance, also known as the Butte County Ambulance Ordinance, has been in place in Butte County since April 27, 1993. A comprehensive update has been prepared to bring the County's Ambulance Ordinance into alignment with State laws and regulations regarding the oversight and provision of emergency response in Butte County. The revised ordinance repeals sections 45-1 through 45-17 of Chapter 45, Emergency Medical Response from the Butte County Code and replaces the sections with 45-1 through 45-81. The updated ordinance will address the following areas, among others: clarification of roles and responsibilities of Butte County and the Local Emergency Medical Services Agency (LEMSA) in oversight, planning and implementation of the EMS system; updated language regarding the establishment of exclusive operating areas for ambulance service; provision of ambulance service through competitive process utilizing the Butte County LEMSA; the replacement of the County's Emergency Medical Services Committee (EMCC) with an Emergency Medical Advisory Group (EMAG); updated ambulance service provider requirements, ambulance service provider agreements, provider agreement applications and provider appeal processes with the LEMSA; and updated standards related to emergency medical equipment, radios, personnel and crew quarters — action requested - WAIVE THE FIRST READING OF THE ORDINANCE. (Public Health) 4.09* Letter to Central Valley Regional Water Quality Control Board (CVRWQCB) Requesting Enforcement Assistance on Grading for Marijuana Growing Operations - With the recent adoption of the County Marijuana growing ordinance and the beginning of the growing season, the Public Works Department has seen an increase in the level of grading activity in the foothill areas of Concow, Feather Falls and Magalia. Much of this grading is being done without grading permits issued by the County, and in many cases the area of grading is well over one acre. By Federal and California law, any grading for construction that is over one acre requires that the project make an application to be covered under the Statewide Construction Storm Water Permit with the Regional Water Quality Control Board for that region. In the Butte County the Central Valley Regional Water Control Board (CVRWQCB) is the enforcement authority. Public Works Staff has sent copies of these complaints to the CVRWQCB staff and have been informed in the past that these are exempt as they consider them an agricultural operation. Staff has questioned this position since the County's Ag Commissioner does not consider marijuana as an agricultural crop. To date Public Works has not received a reasonable explanation as to why the State has not taken enforcement action on these reported land disturbances. Public Works Staff has drafted a letter to the Chair of the CVRWQCB asking for their assistance in enforcing both the Federal and State water quality regulations — action requested — PROVIDE DIRECTION TO STAFF; AND APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) PAGE 13 May 7, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MAY 7,2013 5.00 PUBLIC HEARINGS AND TIMED ITEMS 9:30 A.M. 5.01* Public Hearing - Wild Mountain Productions Application for Outdoor Festival License - RFD13-0008 (Wild Mountain Faire) - Wild Mountain Productions 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 (Wild Mountain Faire) is scheduled to run from 12:00 p.m. on Friday, June 28, 2013 through 10:00 p.m. on Sunday, June 30, 2013, and proposes to have approximately 100 employees/volunteers, 50 musicians/artists, 11 vendors (22 staff) and 200 - 250 spectators per day. On-site camping is proposed. Parking is proposed on site. The festival site will be on four parcels (APN 058- 350-001, 002, 003 and 058-330-018), 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). The Planning Division 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, per Section 15304 (e) - "Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, etc" -from the California Environmental Quality Act.The festival application was circulated to affected County departments and other agencies for their comments and requirements — 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 SUBJECT TO THE CONDITIONS DETAILED IN THE STAFF REPORT. (Development Services) 9:40 A.M. 5.02* Public Hearing - Wild Mountain Productions Application for Outdoor Festival License - RFD13-0009 (Reggae Vybzs) -Wild Mountain Productions 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 (Reggae Vybzs) is scheduled to run from 12:00 p.m. on Friday, July 26, 2013 through 10:00 p.m. on Sunday, July 28, 2013, and proposes to have approximately 100 employees/volunteers, 50 musicians/artists, 11 vendors (22 staff) and 200 - 250 spectators per day. On-site camping is proposed. Parking is proposed on site. The festival site will be on four parcels (APN 058-350-001, 002, 003 and 058-330-018), 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). The Planning Division 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, per Section 15304 (e) "Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, etc" -from the California Environmental Quality Act. The festival application was circulated to affected County departments and other agencies for their comments and requirements. Recommended festival requirements (conditions) are detailed 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 SUBJECT TO THE CONDITIONS DETAILED IN THE STAFF REPORT. (Development Services) PAGE 14 May 7, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MAY 7,2013 10:00 A.M. 5.03* Timed Item - Resolution of the Board of Supervisors Authorizing Chico Unified School District to Sell Bonds Directly and Directing the County Auditor-Controller to Maintain Taxes on the Tax Roll - On November 6, 2012, voters in the Chico Unified School District approved the issuance of$78,000,000 in bonds for various purposes set forth in the ballot to the voters pertaining to school facilities within the District. The Chico USD Board of Trustees is requesting that the County Board of Supervisors adopt a resolution allowing the District to issue General Obligation Bonds directly, without the involvement of the Board of Supervisors as a conduit issuer, under Government Code Section 53506-53509.5. The District has determined that the additional flexibility in determining the term of the financing provided by the Government Code (allowing more than 25 years for repayment) is necessary to their debt issuance of up to $15,000,000 as Series A of the bonds approved by the voters. The District plans to repay the bonds over approximately 30 years — action requested - ADOPT RESOLUTION AUTHORIZING THE CHICO UNIFIED SCHOOL DISTRICT TO SELL BONDS DIRECTLY AND DIRECTING THE COUNTY AUDITOR-CONTROLLER TO MAINTAIN TAXES ON THE TAX ROLL. (Treasurer-Tax Collector) 10:15 A.M. 5.04* Timed Item - South Oroville Annexation - Currently, the community of South Oroville is outside the City of Oroville in the unincorporated area of Butte County. It is surrounded on three sides by the City of Oroville, and for many years there have been discussions within the community that South Oroville should be annexed into the City. Residents of South Oroville generally consider themselves part of Oroville, but lack many of the benefits such as voting in the City and access to the higher level of City services that are present with their neighbors. Residents typically shop in the City boundaries, donate their time and money to youth programs and other charities in Oroville, worship in Oroville, and generally send their children to Oroville schools. First District Supervisor Bill Connelly is suggesting that the Board have an open discussion as to whether the County should initiate annexation proceedings. Under Local Agency Formation Commission (LAFCo) law, any affected agency (the County of Butte in this case) can initiate annexation proceedings. While typically it is either the city or a landowner that initiates annexation, given the lack of action from these quarters, it is being suggested that the County take the action that heretofore has been lacking. The approximate boundaries for the annexation are provided in Maps 1 and 2 as part of this item. Staff is looking for direction from the Board as to whether to proceed. If directed, staff would come back with a formal resolution in about 30 days after proper public notice. If the Board does direct staff to initiate proceedings, then the County would be the applicant for the project and be responsible for all LAFCo processing fees and CEQA review (if necessary) — action requested - PROVIDE DIRECTION TO STAFF ON WHETHER TO PROCEED WITH A MORE FORMAL RESOLUTION TO ANNEX SOUTH OROVILLE OR ANY OTHER BOARD DIRECTION ON THIS TOPIC. (Administration on behalf of District 1) 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 15 May 7, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MAY 7,2013 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. LEEN v. COUNTY OF BUTTE, U.S.D.C. EASTERN DISTRICT CASE NO. 12-1627. 7.02 SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9 (d)(2): ONE POTENTIAL CASE- 1. US FOREST SERVICE/PLUMAS NATIONAL FOREST TRAVEL MANAGEMENT PLAN 7.03 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 7.04 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 16 May 7, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MAY 7,2013 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 17 May 7, 2013