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HomeMy WebLinkAboutA052212BUTTE COUNTY BOARD OF SUPERVISORS AGENDA May 22, 2012 . ~.T T . . F . 0 0 o ~ ,.. 0 0 o - o C~ ~ ~l! ~~ County Supervisors Bill Connelly, District 1 Larry Wahl, District 2 Maureen Kirk, District 3 Steve Lambert, District 4 Kim Yamaguchi, District 5 Paul Hahn, Chief Administrative Officer Bruce S. Alpert, County Counsel and Clerk of the Board BUTTE COUNTY BOARD OF SUPERVISORS Butte County Department Heads AGENDA -MAY 22, 2012 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, Interim Jan Christofferson Public Health Director Phyllis Murdock 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 22, 2012 BUTTE COUNTY BOARD OF SUPERVISORS 9:00 A.M. 1.00 CALL TO ORDER AGENDA -MAY 22, 2012 1.01 Call to Order -Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. 1.02 Pledge of Allegiance to the Flag of the United States of America. 1.03 Observation of a Moment of Silence. 1.04 CORRECTIONS AND~OR CHANGES TO THE AGENDA. 3.00 CONSENT AGENDA AssessoR 3.01* Resolution in Appreciation of Dorothy Balaz Upon Her Retirement -action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. AUDITOR- 3.02* Dissolution of Redevelopment AEencies - BudEet Adjustment and Approval of AEreement CONTROLLER with Galling LLP for Audit Services -California Health and Safety Code, Sections 34182(a) and (b) require county Auditor-Controllers to conduct or cause to be conducted an agreed-upon procedures audit of each redevelopment agency in the county and to provide the State Controller's Office a copy of all such audits by July 15, 2012. The purpose of the audits is to establish each redevelopment agency's assets and liabilities, document and determine each redevelopment agency's pass-through payment obligations, document and determine both the amount and the terms of any indebtedness incurred by the agency, and certify the initial Recognized Obligation Payment Schedule. The county Auditor-Controller may charge the Redevelopment Property Tax Trust Fund for any costs incurred for this purpose. In order to meet the requirements, the Auditor-Controller requests approval of an agreement in the amount of $29,610 with Galling LLP to perform the required audits. In addition, an Extra Help position will be utilized to assist in the certification of the initial Recognized Obligation Payment Schedules. All costs associated with the audits, including the Extra Help, will be paid from the Redevelopment Property Tax Trust Fund -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET ADJUSTMENT (4/5 vote required). BEHAVIORAL 3.03* Accept Food Donation from Citrus School -request to accept the donation of non- HEALTH perishable foods from Citrus School. The food will be used in various programs to assist DBH clients. The value of the food is approximately $1,125 -action requested -ACCEPT DONATION. PAGE 2 May 22, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 22, 2012 3.04* Accept Furniture Donation from Enloe Medical Center -request to accept the donation of furniture from Enloe Medical Center. The furniture, consisting of a headboard, two night stands, and a dresser with a mirror will be used in the Transitional Aged Youth (TAY) Program to furnish a transitional apartment. The TAY program is currently operated by Youth for Change, to prevent mental health clients from living in the streets. The value of the furniture is about $350 -action requested -ACCEPT DONATION. 3.05* Budget Adjustment - In 1999, the Department of Behavioral Health (DBH) designed and created its main computer system room in Chico, which is the core of the DBH Information Technology (DBH IT) infrastructure. To maintain and provide stable electrical current during regular conditions and short term backup power during electrical outages, DBH purchased an American Power Conversion (APC) Symmetra Uninterruptible Power Supply (UPS). The Symmetra UPS, currently in use, was designed using the load specifications of DBH IT infrastructure at that time. Over the years, additional servers and network infrastructure have been added, dramatically increasing power needs. The Symmetra UPS is no longer able to handle all of the power needs of DBH IT and has reached its maximum capacity. DBH requests Board approval to purchase a new APC Symmetra UPS in the amount of $68,000 (department budget utilizing MHSA funds). This purchase will meet the needs of today's DBH IT power infrastructure and allow room for expansion for the next 10 to 15 years -action requested -AUTHORIZE CAPITAL ASSET PURCHASE AND APPROVE BUDGET ADJUSTMENT. 3.06* Sierra-Cascade Research Associates, Inc. -Gerald E. Maguire, MD of Sierra-Cascade Research Associates, Inc. is a licensed medical doctor who provides psychiatry services in as required for adult clients at the Butte County Department of Behavioral Health (BCDBH) Paradise Treatment Center. BCDBH requests approval to amend their agreement with Sierra-Cascade Research Associates, Inc. to add additional funds for provision of additional psychiatric services in fiscal year (FY) 2011-12. The term of this agreement will remain July 1, 2011 through June 30, 2012. The maximum financial obligation under this agreement shall not exceed $49,375, which is an increase of $5,625 (department budget utilizing state and federal Medi-Cal funds) -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. CHIEF 3.07* Resolution Reco~nizin~ Steve Musselman, Risk Manager, Upon his Retirement -action ADMINISTRATIVE requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. OFFICE CLERK- 3.08* Opposition to AB 2299 (Feuer) Public Safety Officials; Confidentiality -The sole reason RECORDER that Recorder's offices exists is to archive public records, which provide constructive notice. This process is the foundation of land ownership and the integrity of this system is essential. County Recorders throughout the State uphold the public's right to access and view land records. AB 2299 (Feuer) would disassemble constructive notice, the cornerstone to property rights in California. This legislation would also establish a class of individuals who could hide their interests in real property. By hiding their information, individuals will be able to conduct business outside of the public's view resulting in different classes of property owners and the demise of California's constructive notice property rights system -action requested -APPROVE LETTER OF OPPOSITION TO AB 2299 AND AUTHORIZE THE CHAIR TO SIGN. PAGE 3 May 22, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 22, 2012 DISTRICT 3.09* Daniel E. Dusina -The District Attorney's Office has an ongoing contract with Daniel E. ATTORNEY Dusina for teaching monthly Financial Management Classes required for clients of the Bad Check Program. The end date of this contract is June 30, 2012. The District Attorney's Office has revised the completion date of the contract to June 30, 2013 and increased the not-to-exceed price by $3,900 (department budget). The total not-to-exceed price of $32,100 is over the 9 year life of the contract -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.10* Resolution Authorizing the District Attornev to Enter into the Victim Comoensation and Government Claims Board (VCGCB) Agreement -The State of California VCGCB provides funds to expeditiously process claims for the unreimbursed losses of victims of crime. The VCGCB has forwarded a standard agreement revenue contract to continue Victim Compensation support services in Butte County for the period of July 1, 2012 through June 30, 2015 with an amount of $120,440 per fiscal year and total of $361,320 for the period of the contract, contingent upon the availability of funds in the annual state budget. Pending contract and County Counsel approval, the resolution allows the District Attorney to sign the agreement and other project documents on behalf of the County - action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. GENERAL 3.11* Lease AEreement fora Portion of 2959 Lower Wyandotte Road, Oroville, Southside SERVICES Oroville Community Center (SOCC) -The Butte County Department of Behavioral Health is currently occupying a portion of 2959 Lower Wyandotte Road, in Oroville at the SOCC without benefit of a formal lease. Under the terms of the new lease, the per square foot lease rate will remain fixed throughout the initial term of the agreement at $0.98 bringing the total monthly lease to $1,172.08 for the 1,196 square foot space and the maximum amount payable to $28,129.92. The initial term of the lease begins March 1, 2012, and is due to expire February 28, 2014, with provisions to terminate early due to lack of funds and to extend beyond the initial term. Funding is available in the Behavioral Health operating budget and requires no additional appropriation -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.12* Recolo~y Butte Colusa Counties - On July 27, 2010, the Board of Supervisors approved a contract with Recology Butte Colusa Counties for solid waste collection from facilities occupied by County departments. The approved scope of work authorizes General Services to add, change and delete services on a routine basis as facility needs change and to calculate proper compensation based on changes in services requested. In the past year, subsequent to renegotiating many leases, changes in service requirements have been extensive. After a comprehensive review of change notices, staff is requesting approval of an amendment to the contract for an increase of $13,000 for a total maximum payable to $82,624. Funding is provided within the General Services budget and no additional appropriation is necessary -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 4 May 22, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 22, 2012 HUMAN 3.13* Resolution to Amend the Salary Ordinance -The Department of Human Resources has RESOURCes prepared a resolution to amend the Salary Ordinance. The following changes will leave the total County allocations unchanged. Behavioral Health: The Behavioral Health Department is requesting to delete one (1) vacant Certified Nurse Practitioner/Physicians Assistant and add one (1) Staff Nurse, Senior/Staff Nurse, Staff Nurse, Associate/Psychiatric Technician, Senior/Psychiatric Technician. The department has had difficulty recruiting for the Certified Nurse Practitioner position and currently has several qualified candidates with the Staff Nurse recruitments. This change will leave the total allocations in the department unchanged and have no fiscal impact to the County General Fund. Human Resources: The Human Resources Department is requesting to add a new classification titled, Behavioral Health Peer Advocate to Section 57, Reference J of the Salary Ordinance titled, "Classifications with Flat Rate Assignments". The salary shall be set at a range from $8.00-$10.00 per hour. This classification is not represented and will be utilized for Extra-Help appointments in the Behavioral Health Department only - action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Pusuc 3.14* Communicable Disease Solutions, Inc. - Requested is an approval of agreement HEALTH amendment No. 2 with Communicable Disease Solutions, Inc. The term of this agreement will remain July 1, 2011 through June 30, 2012. The maximum financial obligation under this amendment is $100,000, which is an increase of $10,000 (department budget utilizing realignment funds). Agreement amendment No. 1 changed the assignment of the contract from Greg Costo to his newly incorporated business called Communicable Disease Solutions, Inc. Under Communicable Disease Solutions, Inc., Greg Costo continues to serve as lab director and provide lab management and oversight. The increase in the contract amount is required to provide additional service hours related to the remodel of the lab, which is scheduled to begin on June 26, 2012. All other aspects of the contract will remain the same -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Pusuc 3.15* Authorization to Award Protect to the Lowest Responsive and Responsible Bidder for the WORKS Construction of the Lincoln Boulevard Median Modifications -This Lincoln Boulevard Median Modifications project was authorized for advertisement at the March 27, 2012 Board of Supervisors meeting. Four bids were received and opened on May 8, 2012 for the project. The lower bidder was RJ Heuton Construction, Inc. of Chico, CA with a bid amount of $93,427. The bid amount from RJ Heuton Construction, Inc. was 4.32% below the engineers estimate of $97,650 -action requested -AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER, RJ HEUTON CONSTRUCTION, INC. OF CHICO, CA IN THE AMOUNT OF $93,427 AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR. PAGE 5 May 22, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 22, 2012 3.16* Center for Natural Lands Management -Approval of agreement in the amount of $75,600 for the purchase of 1.08 mitigation credits at the Keeney Preserve located in Butte County with the Center for Natural Lands Management. This purchase will satisfy Butte County's mitigation requirements for impacts to riparian habitat and shaded riverine aquatic habitat for construction of the Ord Ferry Road Bridge Seismic Retrofit Project, County Project No. 42071-97-1, at Sacramento River as set forth by the California Department of Fish and Game and the National Oceanic and Atmospheric Administration -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.17* Lumos & Associates - In 2011, the County was awarded a Disaster Recovery Initiative Grant for the Concow area through the Community Development Block Grant program. A portion of this grant provides for the repair and safety enhancements to the public right of way allowing for safer ingress and egress in the event of further disasters. On January 24, 2012, the Board awarded a contract for the design of this project to Lumos & Associates in an amount not to exceed $293,310. Initial design and permitting work has begun. During a recent site review, the need for additional work was identified. This additional design work will consist of: 1) a detailed survey, analysis, calculations and design for slope and roadway stabilization in three problem areas identified in project site review; 2) a re-designed roadway in areas of groundwater upwelling (springs); 3) a detailed survey and design of three driveway entrances that are adversely affecting proper drainage and integrity of Concow Road; and 4) an inventory of existing culverts under 24", prioritize culverts that need immediate repair or replacement, and create typical detail for culverts to be upsized or replaced in kind. This additional design work will increase the cost by $20,500, bringing the total contract to $313,810. In addition, this amendment will add two labor classifications to the rates provided in the contract - action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.18* Easement Deed with PG&E for the Connection of the Ameresco Co-Generation Facility at the Neal Road RecyclinE and Waste Facility to the PG&E Electric Transmission System - As a part of construction and operation of the Ameresco landfill gas-to-energy project (Project) at the Neal Road Recycling and Waste Facility, the Project needs to be connected to the electric transmission system owned by PG&E. To accomplish this connection, PG&E will construct a connecting pole line from its existing facilities that crosses the landfill to the sub-station for the plant. The pole line needs to be in an easement granted to PG&E. PG&E has prepared the Easement Deed which has been reviewed and found by County staff be accurate. This easement needs to be in place before the pole line can be constructed, which is scheduled to start in June -action requested -AUTHORIZE THE CHAIR TO EXECUTE THE EASEMENT DEED ON BEHALF OF THE COUNTY. PAGE 6 May 22, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 22, 2012 3.19* Budget Adiustment -County Service Area (CSA) 95, known as Copley Acres, consists of 94 parcels south of Hildale Avenue on Melrose Drive, Crane Avenue and Hart Drive, in the southeast area of Oroville. This special district provides drainage services and collects $616 per year in supplemental property taxes for the administration of the CSA and drainage work within the roadside drainage system. Drainage maintenance is performed on a limited basis as funding permits. The Public Works Road Crews provided extensive drainage maintenance work earlier this year, and the use of the CSA fund balance is required to reimburse Public Works. Requested is a budget adjustment in the amount of $3,150 from CSA 95 fund balance to reimburse work performed by the Public Works Department -action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote required). 3.20* Resolution AuthorizinE the Director of Public Works to Execute the Interim Exhibit 9-B Local AEency DisadvantaEed Business Enterprise (DBE) Submittal Form For Federal Fiscal Year 2012-13 - To receive Federal Highway Administration funding for transportation projects, the County adopted a DBE Program in compliance with Title 49 Code of Federal Regulations, Part 26. Local agencies are required to submit an interim Exhibit 9-B designating race-neutral DBE program measures as detailed in the staff report -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. SHERIFF- 3.21* Relief of Accountability and Budget Adiustment -The Sheriff's Office manages the CORONER Prisoner cash account on behalf of the inmates housed in the Butte County Jail. Typically there is $77,000 in prisoners' cash with an average of $1,200 in daily deposits and up to $24,000 in monthly payments. Now that the Sheriff's Office has automated inmate deposits from friends and family, the only prisoner cash deposits made by staff is for the cash carried on a person at the time of booking. On Friday March 23, 2012, a problem arose with the posting of two inmates' funds. Inmate one was booked and possessed $5 cash and inmate two was booked and possessed $251 cash. Regrettably, the Sheriff Correctional Technician on duty posted the full $256 to the first inmate's account. The first inmate, identified as Timothy Guarino, was released the following day with a check for $256 which he subsequently cashed. Guarino has been contacted on two occasions and has made verbal promises to pay the Sheriff's Office back for the funds that are not rightfully his. Numerous subsequent attempts to contact Guarino have had negative results. The Sheriff's Office completed an internal audit and concluded the mis-posting of funds and the Auditor's Office concurred with the audit findings. The Sheriff's Office will continue to attempt to recover the funds from Guarino and in the meantime, requests the prisoner cash account be reimbursed $251 from the jail operating budget -action requested -APPROVE RELIEF OF ACCOUNTABILITY IN THE AMOUNT OF $251; AND APPROVE RELATED BU DG ETADJUSTMENT. TREASURER 3.22* Adoption of an Ordinance Amending Butte County Code Section 2-166 Dele~atin~ TAX COLLECTOR Investment Authority to the Butte County Treasurer-Tax Collector - Pursuant to Government Code Section 53607, approval is requested for an ordinance which will delegate investment authority to the Treasurer-Tax Collector for FY 2012-13. This ordinance will replace No. 4028 which expires June 30, 2012 -action requested -ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (From 5-8-12 [Item 3.21]) PAGE 7 May 22, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 22, 2012 3.23* Annual Statement of Investment Policy -Approval is requested, pursuant to Government Code Sections 27133 and 53601-53686, for the Annual Statement of Investment Policy which sets forth policies regarding the investment of surplus funds and funds under the custodianship of the Treasurer. The proposed changes to the policy for FY 2012-13 are summarized on the staff report. The draft policy has been reviewed and accepted by the Butte County Treasury Oversight Committee at its meeting of April 10, 2012. Upon Board approval, the Statement of Investment Policy will become effective July 1, 2012 -action requested -APPROVE ANNUAL STATEMENT OF INVESTMENT POLICY FOR FY 2012-13. 3.24* Treasurer's Investment Report -The Treasurer-Tax Collector submits the Monthly Investment Report for April 30, 2012, in accordance with the Butte County Statement of Investment Policy dated July 1, 2011- action requested -ACCEPT FOR INFORMATION. 3.25* Galling LLP -amendment to the agreement with Galling LLP to cover the annual audit of the Butte County Treasury Oversight Committee for the year ending June 30, 2011. The amendment increases the agreement by $6,600 and extends the termination date to June 30, 2012 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. OTHER 3.26* Reappointment to the 3CORE Loan Administration Board - At the recommendation of AGENCIES 3CORE, Inc., reappoint Carla Held to a term to end June 30, 2014 -action requested - MAKE APPOINTMENT. 4.00 REGULAR AGENDA 4.01* Boards, Commissions and Committees 1. Appointments to Listed Vacancies 2. Board Member or Committee Reports 4.02 Uodate of Current Budget and Legislative Issues by the Chief Administrative Officer. 4.03 Items Removed from the Consent PAGE 8 nda for Board Consideration and Action. May 22, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 22, 2012 S.OO PUBLIC HEARINGS AND TIMED ITEMS 9:30 A.M. 5.01* Public HearinE -Wild Mountain Productions -Application for Outdoor Festival License - Wild Mountain Productions has submitted an application for an Outdoor Festival License per Butte County Code Chapter 12, Article III. The festival (Wild Mountain Faire) is scheduled to run from Friday, June 29, 2012 through Sunday, July 1, 2012, and proposes to have a minimum of 62 volunteers, approximately 50 musicians/artists, 11 vendors (22 staff) and approximately 250 spectators. On-site camping is proposed. Parking is proposed on site. The festival site will be on four parcels, 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 (CEQA). The festival application was circulated to affected County departments and other agencies for their comments and requirements. Recommended festival requirements (conditions) are included in the staff report -action requested - 1) FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(e) OF CEQA; AND 2) APPROVE THE APPLICATION SUBJECT TO RECOMMENDED CONDITIONS. (Department of Development Services) 9:40 A.M. 5.02* Public HearinE - EvanEelical Concerns -Application for Outdoor Festival License - Evangelical Concerns has submitted an application for an Outdoor Festival License per Chapter 12, Article III. The festival (Cognitive Awakening) is scheduled to run from 10:00 a.m., Friday, July 13, 2012 through 12:00 p.m., July 16, 2012, and proposes to have 300 to 500 volunteers, artists and staff and up to 1,000 spectators (1,500 maximum attendance). On-site camping is proposed. The festival will not be selling individual admission tickets for each day of the event. The festival site will be on two parcels, totaling approximately 93.02-acres, located at 197 and 227 Good View Drive (the southerly terminus of Good View Drive, on the east side of Clark Road and west of Clear Creek), approximately 1.3 miles south of the Town of Paradise. Access to the festival site is proposed to be off of Clark Road and a shuttle service is proposed to be provided. 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 CEQA. The festival application was circulated to affected County departments and other agencies for their comments and requirements. Recommended festival requirements (conditions) are included in the staff report -action requested - 1) FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(e) OF CEQA; AND 2) APPROVE THE APPLICATION SUBJECT TO RECOMMENDED CONDITIONS. (Department of Development Services) PAGE 9 May 22, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 22, 2012 10:00 A.M. 5.03* Timed Item -Introduction of the Contracts/Procurement Sunset Pilot Proiect Ordinance and Update to the Board on Improving Contracting and Procurement Functions in Butte County -The Contracts/Procurement Policies and Procedures Pilot Project (Pilot Project) efforts formally implemented in the current fiscal year have made significant progress in identifying inefficiencies and performance opportunities in existing processes. Staff is requesting that the Board adopt the Pilot Project Ordinance to allow the County to formally develop improved processes in a controlled environment. Based on the results of the Pilot Project, participants will draft new policies and procedures for the Board to consider in the future -action requested - WAIVE THE FIRST READING OF THE ORDINANCE. (General Services) 10:15 A.M. 5.04* Public HearinE -Paradise Summit (PUD08-0001) - On April 26, 2012, the Planning Commission certified the Final Environmental Impact Report (EIR), approved Tentative Subdivision Map TSM08-0006, and made a recommendation of approval of the Planned Unit Development to the Board of Supervisors. TSM08-0006 is a phased tentative subdivision map to divide +/-333 acres composed of eight Assessors Parcels into 312 single-family residential parcels varying in size from 8,738 to 32,099 square feet, and various lots for open space. Planned Unit Development (PUD08-0001) - Wyckoff & Associates LLC: a rezone application to allow for clustering of the 312 residences within a +/-137-acre area of the site, while preserving +/-195 acres as open space to help protect sensitive resources and as an amenity to the subdivision. The project site is located approximately 1/5 mile south of the Town of Paradise and is within the Paradise Sphere of Influence in Butte County. The nearest cross streets are Pentz Road at Lago Vista Way and Lindenbaum Lane. The development portion of the site is approximately % mile east of Pentz Road and west of the West Branch of the Feather River as it enters/becomes Lake Oroville. The Environmental Impact Report addresses fire services and safety; land use; transportation/traffic; wastewater; forest resources; and greenhouse gas emissions - action requested - 1) ADOPT RESOLUTION CERTIFYING THE FINAL EIR AND APPROVING THE WATER SUPPLY ASSESSMENT; AND 2) ADOPT THE PLANNED UNIT DEVELOPMENT ORDINANCE FOR THE PARADISE SUMMIT PROJECT AND AUTHORIZE THE CHAIR TO SIGN. (Department of 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 10 May 22, 2012 BUTTE COUNTY BOARD OF SUPERVISORS 7.00 CLOSED SESSION AGENDA -MAY 22, 2012 7.01 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: JACK HUGHES & BRIAN RING EMPLOYEE ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA, DSA -MANAGEMENT/SUPERVISORY UNIT, DSA-GENERAL UNIT, BCCOA -SUPERVISORY UNIT, BCCOA -GENERAL UNIT. 7.02 ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a): 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 PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT/GOALS PURSUANT TO GOVERNMENT CODE SECTION 54957: LIBRARY DIRECTOR PAGE 11 May 22, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 22, 2012 Information and Procedures Concerning the Agenda and Conduct of the Board of Supervisors Meetings Meetine 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. Aeenda 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, a-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. Aeenda Format and The agenda is usually organized into the following areas and meetings generally proceed in the following Meetine Order: order: 1. Consent Aeenda: 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. Reeular Aeenda: 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 Hearine and Timed Items: this is where items that are required by law to be heard as a public hearing are set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time listed, but will never start before the time listed. 4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda, but may respond to statements or questions and provide staff direction. 5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances. This area of the agenda identifies those items that will be discussed during the closed session. Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow members of the public the opportunity to comment on all matters before the Board. Public participation is limited to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing of these policies and procedures can be found in the printed booklet agenda, obtained at the County Administrative Office, or viewed at the Clerk of the Board website. The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with special needs should call the Clerk of the Board at 530-538-7631, Monday through Friday, 8:00 a.m. to 5:00 p.m. to request disability-related modifications/accommodations or to request materials in alternate formats. All requests for special accommodations and/or alternative format documents must be made 48 hours prior to the meeting. For further information contact the: Clerk of the Board of Supervisors County Administrative Office 25 County Center Drive, Oroville, CA 95965 530-538-7631 www.buttecounty. net/cob PAGE 12 May 22, 2012