HomeMy WebLinkAboutA092413 BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
September 24, 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-SEPTEMBER 24,2013
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 September 24, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-SEPTEMBER 24,2013
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* Budget Adjustment - First 5 Funding - The First 5 Children & Families Commission
HEALTH (Commission) was developed out of state legislation, creating funding for early childhood
development, health care, parent education, and other programs that improve services
for families with children from a prenatal stage through age five. Butte County
Department of Behavioral Health (BCDBH) recently entered into an agreement with the
Commission for services related to Perinatal Mood and Anxiety Disorder (PMAD)
counseling. The Commission currently reimburses BCDBH for non-Medi-Cal services for
PMAD counseling and in addition provides local matching funds for the Medi-Cal services.
Approval is requested for a budget adjustment for Fiscal Year (FY) 2013-14 adding
$74,000 in First 5 funding to be utilized as required by the agreement—action requested -
APPROVE BUDGET ADJUSTMENT. (4/5 vote required)
BOARD OF 3.02* Appointment to the Butte County Planning Commission — Supervisor Teeter nominates
SUPERVISORS Alan White to fill a vacant seat as District 5 Planning Commissioner. The term will end
January 2, 2017—action requested—MAKE APPOINTMENT.
CHIEF 3.03* The Ferguson Group - The agreement with The Ferguson Group, the County's federal
ADMINISTRATIVE legislative advocate, expires on September 30, 2013. Staff recommends an amendment to
OFFICE the current agreement that retains costs, terms and conditions of the existing agreement
and extends the agreement through September 30, 2014. The cost of the agreement
remains at $120,000, plus up to $8,000 for travel to Washington, D.C. on the County's
behalf and related expenses. Funds have been budgeted for this purpose in the
Administration Department's budget. Over the past nine years, The Ferguson Group has
worked with the County's congressional delegation and secured over $33 million for
priority projects in Butte County. Details regarding the successful partnership between
Butte County and The Ferguson Group are included in the staff report. As discussed with
the Board of Supervisors at last year's legislative presentation, and in-line with our
regional approach to economic development, the County is continuing to explore federal
representation that will be more regional in nature. It is anticipated that a different
contractual relationship may be brought forward next year for Board consideration that
will reflect a more regional vision and potentially reduce costs to the County — action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
PAGE 2 September 24, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—SEPTEMBER 24,2013
3.04* Fiscal Year 2012-2013 -Year End Budget Adjustments -The Finance Office has completed
the annual analysis of expenditures as part of the year-end process and submits a list of
recommended budget transfers and adjustments for FY 2012-13. The staff report
provides a summary of the recommended transfers and adjustments requiring Board
approval. The adjustments do not require the use of General Fund contingencies. The FY
2012-13 results will be presented in greater detail as part of the Fourth Quarter Financial
Report to be delivered to the Board at a later date—action requested -APPROVE BUDGET
ADJUSTMENTS. (4/5 vote required)
EMPLOYMENT 3.05* Glenn County Human Resource Agency-Approval is requested for an agreement with the
AND Glenn County Human Resource Agency for use of the Northern Regional Child Welfare
SOCIAL SERVICES Services/Case Management System computer training center. Glenn County provides
facilities and trainings sessions for participating counties' social work staff. The term of
the agreement is July 1, 2013 through June 30, 2014 with a maximum amount payable of
$84,178—action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
GENERAL 3.06* Notice of Completion for the Uninterruptable Power Supply (UPS) and Climate Control
SERVICES Upgrade for 308 Nelson (Information Systems) - On June 25, 2013, the Board of
Supervisors authorized award of this contract to Holt Construction, Chico, CA in the
amount of $149,900 for the installation of a new UPS system at 308 Nelson, along with
improvements to the climate control system. These improvements have been completed
in accordance with the plans and specifications. There were a total of two contract
change orders at no cost to the County. With the work complete, the County will pay the
final 5% retention 35 days after filing this Notice of Completion with the County Recorder
provided no liens have been filed — action requested — 1) RATIFY CONTRACT CHANGE
ORDERS NUMBERS 1 AND 2; 2) ACCEPT THE WORK AS COMPLETE AND AUTHORIZE THE
CHAIR TO SIGN THE NOTICE OF COMPLETION; AND 3) DIRECT STAFF TO FILE THE NOTICE
OF COMPLETION WITH THE COUNTY RECORDER.
3.07* Budget Adjustment for Public Safety Realignment Facility Modification - Day Reporting
Center -To better enable the County to facilitate changes brought about by Public Safety
Realignment, appropriations were included in the FY 2012-13 Capital Project Fund budget
for conversion of the old Juvenile Hall to a Day Reporting Center. The first phase of the
project was completed, and the second phase of the project was placed on hold until it
could be determined if the facility modifications contributed sufficiently to the success of
the Center. At the end of the fiscal year, the project balance of approximately $11,671
(AB 109 funds) remained in the restricted fund balance of the Capital Project Fund. It has
been determined that phase two is appropriate, and staff is requesting $11,671 of
restricted fund balance in the Capital Project Fund be appropriated in FY 2013-14 to
complete that second phase of the project — action requested — 1) APPROVE BUDGET
ADJUSTMENT(4/5 vote required); AND 2) GRANT CAPITAL ASSET AUTHORITY.
PAGE 3 September 24, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—SEPTEMBER 24,2013
HUMAN 3.08* Revised Butte County Travel and Business Reimbursable Expenses Policy-The Department
RESOURCES of Human Resources and the Auditor/Controller's Office coordinated the proposed revision
of the County's Travel Policy to provide clarity, to update the County's current practices,
and to change the way meals are reimbursed while traveling on behalf of the County. Input
was received from all employee groups on the proposed changes and further details are
provided in the staff report—action requested -APPROVE REVISED BUTTE COUNTY TRAVEL
AND BUSINESS REIMBURSABLE EXPENSES POLICY, APPENDIX VIII OF BUTTE COUNTY
PERSONNEL RULES.
3.09* Adoption of Salary and Benefits Resolution for Elected Department Heads - 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 Elected 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, the resolution increases the
retirement contribution level for those Elected Department Heads who are "Classic
Members," effective the pay period including January 1, 2015, from 5% to 7% for "non-
safety" classifications; and from 5% to 9% for "safety" classifications — action requested -
ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN.
3.10* Resolution to Amend The Salary Ordinance - The Department of Human Resources has
prepared a resolution to amend the Salary Ordinance. These changes will initially increase
the total allocations by one (1) position in the Sheriff's Office until a departmental
recruitment is conducted at which time the vacated position will be deleted at a future
meeting.The following are the sections of the Salary Ordinance to be amended:
Behavioral Health: The Behavioral Health Department is requesting to delete one (1)
vacant position of Behavioral Health Counselor II/Behavioral Health Counselor I/Behavioral
Health Worker and add one (1) Behavioral Health Clinician III/11/1 position. Clinicians are
needed within the Department's AB109 Program to assist with assessments and treatment
needs. Funding for this change is within the Department's FY 2013-2014 budget. The
department will absorb increased costs in future years with increased Medi-Cal funding
within the AB109 Program due to eligibility changes associated with healthcare reform.
These changes 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 delete the
classifications of Director, Public Health Nursing (bi-weekly salary: $2,783.03-$3,729.54)
and Director, Environmental Health (bi-weekly salary: $2,852.61-$3,822.77) and add the
classification of Division Director, Public Health with a bi-weekly salary of $2,852.61-
$3,822.77 (Class Code 4004) on Section 57, Reference E of the Salary Ordinance titled,
"Management, Confidential and Supervisory (BCMEA) Unit Classifications". These changes
have been agreed to by Human Resources and the applicable Employee Association.
PAGE 4 September 24, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—SEPTEMBER 24,2013
Public Health: Concurrent with Human Resources request above, the Public Health
Department is requesting to add two (2) positions of Division Director, Public Health;
delete one (1) position of Director, Public Health Nursing; and delete one (1) position of
Director, Environmental Health. The incumbent in each of the positions being deleted will
be moved into the new Division Director, Public Health positions. These changes are a
result of the combining, retitling and updating of the job descriptions for division managers
within the department. The small increase in costs associated with this change will be
covered in the Department's budget. These changes will leave the total allocation
unchanged and have no fiscal impact on the County General Fund.
Sheriff: The Sheriff's Office is requesting to add one (1) position of Crime Prevention
Coordinator. This position is needed to better meet the current and future organizational
needs of the department. This change will initially increase the allocations in the
department by one (1) position until a departmental recruitment can be conducted to fill
the new position. Once the departmental recruitment is complete, the position that was
vacated will be eliminated at a future Board meeting. Any increase in costs associated with
this change will be covered in the Department's budget — action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIRTO SIGN.
LIBRARY 3.11* Yearn to Learn - Acceptance of Library Services and Technology Act (LSTA) Grant - The
Library's Literacy Services received a $53,000 LSTA grant award administered through the
California State Library. The grant, entitled "Yearn to Learn!," is a three-tiered training
grant for library staff designed to include best practices aligned with Child Development in
order to enhance and strengthen delivery of services to children (particularly 0-5 years)
and their families. The Library Director requests that the new grant funds be appropriated
in the department's budget and that the Director's signature on the FY 2013-14 LSTA grant
be ratified by the Board—action requested — 1) APPROVE BUDGET ADJUSTMENT (4/5 vote
required); AND 2) RATIFY LIBRARY DIRECTOR'S SIGNATURE ON LSTA AGREEMENT.
3.12* Contract for Family Literacy Coordinator to Fulfill "Yearn to Learn" Grant - The Library's
Literacy Services has received a Library Services and Technology Act (LSTA) grant award
administered through the California State Library, entitled "Yearn to Learn!" As a means of
fulfilling the goals of the grant, a Family Literacy Coordinator with expertise in Early
Literacy/Early Learning will be contracted to provide services including staff training,
community outreach and coordination of other grant activities. The total cost of the
contract is $30,200 and the term is September 3, 2013 through June 30, 2014 — action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 5 September 24, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-SEPTEMBER 24,2013
PUBLIC HEALTH 3.13* Northern Valley Catholic Social Service (NVCSS) - Butte County Public Health has been
awarded an allocation of $599,999 by the California Department of Public Health to
continue the existing home visiting program provided through NVCSS. The purpose of the
home visiting program is to improve pregnancy outcomes, prevent child abuse and
enhance parent-child bonding by providing one-on-one assistance to mothers to
strengthen their parenting skills.The program serves mothers under the age of 25 living in
the areas of Paradise and Magalia who give birth at Feather River Hospital. Approval is
requested for an agreement with NVCSS to continue the home visiting program for the
period of July 1, 2013 through June 30, 2014, with a maximum amount payable of
$582,729. A remaining portion of the allocation ($17,270) will be utilized by Public Health
for staff for oversight of the program and to attend trainings required by the State -
action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.14* California Department of Public Health (CDPH) Grant Agreement 13-20489 for
Supplemental Nutrition Assistance Program-Education (SNAP-Ed) Program - The Butte
County Public Health Department currently has a grant agreement with the CDPH to
participate in efforts to improve the nutritional status and obesity rate among California's
low income population under the SNAP-Ed Program. The program focuses on individual
and group nutrition education, physical activity promotion, partnering with local schools
and churches to promote healthy eating and physical activity, and collaboration with
existing local nutrition promotion partners.The term of the current agreement is October
1, 2012 through September 30, 2016. The maximum amount receivable over the term of
the current agreement is $1,884,635. Due to restrictions at the State regarding its ability
to amend the current grant agreement, CDPH has decided to supersede the current grant
agreement with a new grant agreement in order to increase the funding available through
the grant program. The term of the new grant agreement is October 1, 2013 through
September 30, 2016. The maximum amount receivable over the term of the agreement is
$2,093,949, a maximum of$697,983 per year. In federal FY 2014-15 and federal FY 2015-
16, the grant may be amended by the State to reflect actual funds available within the
program at that time.The purpose and objectives of the SNAP-Ed Program will remain the
same under the new grant agreement - action requested - APPROVE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
PUBLIC WORKS 3.15* Waste Recovery West - The Public Works Department applied for and was awarded a
CalRecycle Local Government Waste Tire Amnesty Grant to fund two waste tire collection
events for the County and City of Oroville. The grant was awarded in the amount of
$77,797. The Public Works Department is requesting approval of an agreement with
Waste Recovery West to remove and recycle waste tires received at two planned Tire
Amnesty events (September 2013 and November 2014). The agreement has a not-to-
exceed amount of $65,000. A Request for Proposals was sent out to two Northern
California waste tire recyclers. Waste Recovery West was the sole respondent. CalRecycle
will reimburse the County based on actual costs of the events up to the maximum of
grant funding - action requested - 1) APPROVE AGREEMENT AND AUTHORIZE PUBLIC
WORKS DIRECTOR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER; AND 2)APPROVE BUDGET ADJUSTMENT. (4/5 vote required)
PAGE 6 September 24, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—SEPTEMBER 24,2013
SHERIFF- 3.16* Contract for Emergency Mass Notification System (EMNS) - The County completed a
CORONER Request for Proposal (RFP) process for the services of an EMNS. The County desired to
find a system that could make unlimited mass notifications via telephone, cellular
telephone, e-mail and text message. The County used a collaborative approach and
solicited input from Chico Police Department (PD), Paradise PD, Chico State University and
County Office of Emergency Management (OEM) for system specifications. Oroville PD
and Gridley PD opted out of the process. A number of RFP respondents returned
responses and the committee selected Cassidian Communications for use. The Sheriff's
Office will manage the contract with Cassidian directly. The Sheriff's Office will enter into
signed Memorandum of Understanding with the other three participating agencies
named above and the costs will be shared as follows: OEM will fund half of the total cost
of the system via awarded grant funds. The remaining half of the system cost will be
equally divided among the four participating agencies: Butte County Sheriff's Office, Chico
PD, Paradise PD and CSU Chico. The total cost of the system in the first year is $48,780
and the total cost for each subsequent year is $42,080 for a contract term of three-years
for total cost of$132,940. Over three years, the OEM grant will fund $66,470 and each of
the participating agencies will fund $16,618 broken down with a first year total of
$6,097.50 and year 2 and 3 total of $5,260 — action requested - APPROVE AGREEMENT
AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (4/5 vote required)
3.17* Sheriff's Annual Inmate Welfare Fund Report - Per Penal Code section 4025(e), the Sheriff
shall report annually on Inmate Welfare Fund expenditures. In FY 2012-13, $282,392.70
was expended to benefit the inmates of the Butte County Jail. Included in the staff report
is a register report listing the itemized purchases/expenditures — action requested -
ACCEPT THE ANNUAL INMATE WELFARE FUND EXPENDITURE REPORT.
4.00 REGULAR AGENDA
4.01* Boards, Commissions and Committees
1. Appointments to Listed Vacancies
2. Board Member/Committee Reports and Board Member Comments
(Pursuant to CA State law,the Board is prohibited from taking action on any item not listed on the agenda.)
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.
PAGE 7 September 24, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-SEPTEMBER 24,2013
4.04* 2013 Resolution Honoring Butte County Employees for Dedicated Years of Service -
Employees who have reached specified periods of continuous service to Butte County are
recognized by a Resolution honoring employees for dedicated years of service. The service
increments are 5, 10, 15, 20, 25, 30 and 35 years. The groups with the longest tenure with
the County, (30, 35, 40 years...), will be presented their awards by the Board of Supervisors
during the Resolution ceremony. For March, April, and June 2013, there are two
employees who have served 35 years of service and one employee who has served 40
years of service. 35 Year Employees: Jerry Smith (hired 3/20/1978); Michael Ramsey (hired
4/29/1978) and 45 Year Employee: Pennie Majors (hired 6/21/1973) - action requested -
ADOPT THE RESOLUTIONS AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
4.05* Recommended Fiscal Year 2013-14 Budget Adjustments - Following approval of the State
of California FY 2013-14 budget,the Department of Employment and Social Services (DESS)
has determined that $796,531 unanticipated state and federal revenues, primarily Medi-
Cal revenue, are available to provide for additional staffing resources to further implement
mandated requirements of the Affordable Care Act (ACA). In addition, DESS has also
determined the need to increase appropriation for post-adoption services by $52,000
using unanticipated federal funds (50%) and 2011 Realignment fund balance (50%).
DESS is now requesting the Board of Supervisors approve the following budgetary
adjustments to accommodate the DESS' operational needs in the current fiscal year: 1)Add
fifteen positions to provide for further implementation of the ACA as detailed in the staff
report; 2) Approve a $236,894 agreement amendment with the California SAWS
Consortium (CIV)Joint Powers Authority to use technology to facilitate effective lobby flow
management and decrease waiting times for clients; and 3) Replace one van used for
warehouse operations - action requested - 1) APPROVE RESOLUTION AMENDING THE
SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN; 2) APPROVE AGREEMENT
AMENDMENT WITH THE CALIFORNIA SAWS CONSORTIUM IV JOINT POWERS AUTHORITY
(C-IV) AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN, SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; 3) APPROVE PURCHASE OF
CAPITAL ASSET; AND 4) APPROVE BUDGET ADJUSTMENT. (4/5 vote required) (Employment
and Social Services)
PAGE 8 September 24, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—SEPTEMBER 24,2013
5.00 PUBLIC HEARINGS AND TIMED ITEMS
9:30 A.M. 5.01* Public Hearing - Consideration of Resolution of Formation and Related Documents to
Establish the County of Butte Community Facilities District No. 2013-1 (Clean Energy
Program) -This hearing is scheduled to take necessary steps to establish a program and a
Community Facilities District (CFD) to finance or refinance the acquisition, installation
and improvement of energy efficiency, water conservation and renewable energy
improvements (Clean Energy Improvements) to or on real property. This CFD is
authorized under the Mello-Roos Community Facilities Act of 1982 as amended by
Senate Bill No. 555 (SB 555). This type of program is referred to as "Property Assessed
Clean Energy" PACE financing. PACE financing is completely voluntary: only property
owners that choose to seek financing through the CFD for energy- and water-related
improvements to their property and unanimously vote to annex their property into the
CFD will be subject to this program. No property will be annexed into the CFD or subject
to any part of this property without the express willing unanimous consent of the
property owner(s).
The Resolution of Intention to form the CFD was approved by the Board of Supervisors
on August 13, 2013. At that time, the Board set September 24, 2013 as the public
hearing date for consideration of the Resolution of Formation of the CFD. However, due
the fact that the map depicting the proposed boundaries of the CFD was not recorded
within the time frame required by California Streets and Highways Code, the public
hearing will be continued to October 8, 2013 at 9:30 a.m. - action requested — OPEN
PUBLIC HEARING AND CONTINUE OPEN TO OCTOBER 8, 2013 AT 9:30 A.M.
(Administration)
9:40 A.M. 5.02* Public Hearing — Ole Persson Application for Outdoor Festival License (Shiner Fetival) -
RFD13-0016 - Ole Persson previously submitted an application for an Outdoor Festival
License per Chapter 12, Article III. Outdoor Festivals (BCC §12-25 - 12-33), that was
approved by the Board of Supervisors on July 30, 2013. The festival (Shiner Festival) was
originally scheduled for 3:00 p.m. to 11:30 p.m. on Friday, August 30, 2013 and Saturday,
August 31, 2013. Due to the recent fires and air quality concerns, the Festival's
organizers were not able to obtain the required insurance and have therefore requested
a new date of Saturday, November 9, 2013,for a one-day festival from 3:00 p.m.to 11:30
p.m. They will have approximately 40 employees/volunteers, 35 musicians/artists, 4
vendors and anticipate 200 - 250 spectators. On-site camping is available. The Planning
Division completed an environmental review of the original application, completed a site
visit and determined the project is categorically exempt from the California
Environmental Quality Act (CEQA) per Section 15304 (e), "Minor temporary use of land
having negligible or no permanent effects on the environment, including carnivals, etc" of
the CEQA Guidelines. The revised 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 THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND 2) APPROVE THE APPLICATION FOR AN
OUTDOOR FESTIVAL PERMIT SUBJECT TO THE CONDITIONS CONTAINED WITHIN THE
STAFF REPORT. (Development Services)
PAGE 9 September 24, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-SEPTEMBER 24,2013
10:00 A.M. 5.03* Timed Item - Proposed Revisions to Butte County Code, Chapter 13, Article 1, Grading -
The County's original grading ordinance was adopted in 1989 and revised in 2009. The
existing ordinance requires a grading permit for any work moving more than 50 cubic
yards of dirt. The ordinance also has a list of activities that are exempt from being
required to obtain a grading permit. Any proposed grading that exceeds 1,000 cubic
yards is required to apply for a discretionary grading permit through the Butte County
Planning Commission. In addition, the amended ordinance now allows the Director of
Public Works to exempt grading projects between 50-1,000 cubic yards on a case by case
basis through a process termed a Determination of Exemption.
This past spring, the Public Works Department received numerous complaints regarding
grading activity. Upon investigation, most of these sites were determined to be
unpermitted grading work, many in excess of 1,000 cubic yards. Enforcement efforts are
proceeding on these unpermitted grading sites. A number of the unpermitted grading
sites requested a Determination of Exemption from Public Works. Because of the number
and magnitude of the grading sites and exemption requests, all were denied. The
Determination of Exemption process has caused issues and concerns from local
contractors, property owners, as well as Public Works staff, because the process is not
well documented and provides little or no guidance on what projects should be
determined to be exempt.
The Public Works Department recommends that the Board consider revisions to the
existing grading ordinance to address the unpermitted grading activities witnessed this
spring and summer, as well as the uncertainties of the Determination of Exemption
process. The staff report for this agenda provides recommendations and options for the
Board to consider on a number of issues, including: the definition of grading, the
Determination of Exemption process, ministerial vs. discretionary permits, grading plan
design, and grading permit exemptions — action requested - 1) PROVIDE DIRECTION TO
STAFF ON PROPOSED REVISIONS; AND 2) DIRECT STAFF TO DEVELOP A DRAFT GRADING
ORDINANCE BASED ON THE BOARD'S DIRECTION AND WORK WITH THE USER GROUP
AND OTHER INTERESTED PARTIES BEFORE BRINGING IT BACK BEFORE THE BOARD TO
CONSIDER.
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 September 24, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-SEPTEMBER 24,2013
7.00 CLOSED SESSION
7.01 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION
54957.6:
LABOR NEGOTIATORS: JACK HUGHES& BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA;
DSA- MANAGEMENT/SUPERVISORY UNIT;
DSA-GENERAL UNIT;
BCCOA-SUPERVISORY UNIT;
BCCOA-GENERAL UNIT;
CONFIDENTIAL UNIT;
PPOA- MANAGEMENT UNIT;
NON-REPRESENTED UNIT
7.02 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 1 CASE -
SCWA v. STATE OF CALIFORNIA(AREA OF ORIGIN); SACRAMENTO SUPERIOR COURT CASE
NO. 016338.
PAGE 11 September 24, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—SEPTEMBER 24,2013
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 12 September 24, 2013