HomeMy WebLinkAboutA110612BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
November 6, 2012
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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
and Clerk of the Board
Bruce S. Alpert, County Counsel
BUTTE COUNTY BOARD OF SUPERVISORS
Butte County Department Heads
AGENDA -NOVEMBER 6, 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 Melanie Lightbody
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 November 6, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
9:00 A.M. 1.00 CALL TO ORDER
AGENDA -NOVEMBER 6, 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.
2.00 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
3.00 CONSENT AGENDA
BEHAVIORAL 3.01* BudEet Adjustments and Fiber Connectivity Protect -The Butte County Department of
HEALTH Behavioral Health (BCDBH) is funded through various revenue streams, mostly through
federal, state, and local education agencies. Recently, the department has received
information that will impact several of these funding sources. To balance the budget with
the expected revenue decrease, the department requests a budget adjustment. The
biggest reduction of department's revenue is from local schools to serve educationally
related mental health services youth. The details of the reduced revenues are in the staff
report. Separately, the budget adjustment includes the transfer to General Services for
the installation of high speed network connectivity critical to the viability of programs
offered by BCDBH in Chico. The Request for Quote for the connectivity project will include
alternate options to enable the department to adjust the final project scope to minimize
cost and maximize efficiency of operations. This connectivity project will be funded by
$70,000 in Rural Intergration Project grant funds and a transfer from an existing BCDBH
Capital Project in the amount of $50,000 -action requested -APPROVE BUDGET
ADJUSTMENT; AND APPOINT THE GENERAL SERVICES DIRECTOR AS OFFICER OF THE
NETWORK CONNECTIVITY PROJECT.
CHIEF 3.02* Fiscal Year 2012 Homeland Security Grant ProEram (HSGP) -The Board of Supervisors
ADMINISTRATIVE authorized the Emergency Services Officer to apply for funding under the FY 2012 HSGP.
OFFICE The Office of Homeland Security has approved the grant application in the amount of
$218,235. These grant funds need to be recognized as unanticipated revenue and
appropriated for the following purposes: $55,000 for ballistic vests for SWAT Team;
$30,000 protective suit for Bomb Squad (capital asset); $3,800 protective shield for
Oroville Police Department; $85,000 for Haz Mat detection equipment (capital asset);
$22,500 for narrowband radios for Chico Fire Department.; $11,023 for countywide
training activities; and $10,912 for grant management and administration -action
requested -APPROVE BUDGET ADJUSTMENT; AND AUTHORIZE THE PURCHASE OF
CAPITAL ASSETS.
PAGE 2 November 6, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 6, 2012
3.03* Agreement Amendment with EDSuite - On April 25, 2012 the Butte County Board of
Supervisors approved the Butte County Communication Plan. The Communication Work
Team has identified ways to improve the County website in order to accomplish the
website enhancement strategy outlined in the Communication Plan. The Work Team has
identified a new website design and content structure to enhance the website and to
better serve the media, the public and employees. On March 1, 2012, the County entered
into an agreement with EDSuite for website design, development and hosting services for
an economic development website and industrial database tool. In order to expand the
scope of services currently underway for the County, staff recommends extending the
agreement with EDSuite to include website design for the entire County website at an
additional cost of $15,000 (department budget). All other terms of the agreement remain
the same -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.04* Butte County Superior Court -The Butte County Superior Court and the County of Butte
acknowledge that pursuant to Government Code §77212(d)(1), all services, excluding
Court security, provided by the County to the Court and the Court to the County are
identified in the agreement. The Court and the County further acknowledge that Exhibit A
of the agreement identifies the services to be provided, the method of service delivery,
the term of the agreement, the anticipated service outcomes and the cost of the services
to be provided. The fiscal year 2012-13 agreement contains the same services as in
previous years, however janitorial services will only be provided through 12/31/12, at
which time the Court will obtain janitorial services through other means. Updated rates
reflect changes in Information Systems use due to the abolishment of the Court
Attendant classification, and standardizing the method network charges. The changes
result in a total annual charge reduction of $2,019. Charges for general ledger services,
treasury services, postal services and messenger services remain the same. The method
of payment remains unchanged -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
PAGE 3 November 6, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 6, 2012
CLERK- 3.05* Participation in the Electronic RecordinE Delivery Act of 2004 -The Electronic Recording
RECORDER Delivery Act of 2004 authorized County Recorders to establish electronic recording
REGISTRAR systems upon resolution of the Board of Supervisors for recording of real property
OF VOTERS instruments and required the California Attorney General to develop regulations for the
review, approval and oversight of the program. All costs associated with this program are
paid for by the electronic recording fees adopted by the Board of Supervisors in 2011. It is
recommended that the Board adopt a resolution authorizing the Clerk-Recorder to
establish an electronic recording delivery system and authorizing the Clerk-Recorder to
enter into an annual MOU with the California Department of Justice (DOJ). It is also
requested that the Board of Supervisors ratify the Clerk-Recorder's signatures on the
2011 and 2012 MOUs with DOJ. More details on the program and requested actions are
provided in the attached memo. This program will enable the County to improve and
modernize its system of recording and handling of real property documents by
electronically receiving documents from trusted and contracted agencies. It will improve
the efficiency and increase service delivery to county residents while the cost of the
program will be covered by restricted funds -action requested -ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN AND; RATIFY THE CLERK-RECORDER'S SIGNATURES
ON THE ELECTRONIC RECORDING DELIVERY SYSTEM MEMORANDUM OF
UNDERSTANDING BETWEEN THE CALIFORNIA DEPARTMENT OF JUSTICE AND THE
COUNTY OF BUTTE FOR FISCAL YEARS 2011-12 AND 2012-13.
CouNTV 3.06* Accept Local AEency Conflict of Interest Code Biennial Notices for AEencies that File Form
COUNSEL 700s with Clerk of the Board -The following districts have reviewed their Conflict of
Interest Codes pursuant to California Government Code section 87306.5(b) and have
determined that their agency's code is current and in no need of revision. County Counsel
has reviewed the attached 2012 Local Agency Biennial Notices and believes them to be
proper. Butte County Law Library; Butte Water District; Chico Urban Area Joint Powers
Financing Authority -action requested -ACCEPT 2012 LOCAL AGENCY CONFLICT OF
INTEREST CODE BIENNIAL NOTICES.
3.07* Accent Durham Unified School District's 2012 Local Biennial Notice: and ADDrove Durham
Unified School District's Resolution Adopting a New Conflict of Interest Code -Durham
Unified School District has reviewed its conflict of interest code and determined that it is
in need of revision and has provided a resolution adopting a new conflict of interest code.
County Counsel has reviewed Durham Unified School District's resolution, new conflict of
interest code, and the 2012 Local Biennial Notice and believes them to be proper -action
requested -ACCEPT ATTACHED 2012 LOCAL AGENCY BIENNIAL NOTICE FOR DURHAM
UNIFIED SCHOOL DISTRICT AND; APPROVE RESOLUTION AND NEW CONFLICT OF
INTEREST CODE FOR DURHAM UNIFIED SCHOOL DISTRICT.
3.08* Accent Local Agencv Conflict of Interest Code Biennial Notices for Agencies that File Form
700s with Clerk-Recorder -The following districts have reviewed their Conflict of Interest
Codes pursuant to California Government Code section 87306.5(b) and have determined
that their agency's code is current and in no need of revision. County Counsel has
reviewed the attached 2012 Local Agency Biennial Notices and believes them to be
proper. Lake Oroville Public Utility District; Richvale Irrigation District; Richvale Sanitary
District; Rock Creek Reclamation District -action requested -ACCEPT 2012 LOCAL
AGENCY CONFLICT OF INTEREST CODE BIENNIAL NOTICES.
PAGE 4 November 6, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
FIRE
GENERAL
SERVICES
PAGE 5 November 6, 2012
AGENDA -NOVEMBER 6, 2012
3.09* Accept Local Agency Exemptions to Conflict of Interest Code Requirement -The following
district has reviewed its Conflict of Interest Code pursuant to California Government Code
section 87306.5 and has determined that the conditions for exemption from Government
Code section 87300 still exist. County Counsel has reviewed the attached 2012 Local
Agency Biennial Report and believes it is proper. Upham Cemetery District -action
requested -ACCEPT 2012 LOCAL AGENCY EXEMPTION.
3.10* Accept Local AEency Conflict of Interest Code Biennial Notices for School Districts that File
Form 700s with Butte County Office of Education -The following school districts have
reviewed their Conflict of Interest Codes pursuant to California Government Code section
87306.5(b) and have determined that their agency's code is current and in no need of
revision. County Counsel has reviewed the attached 2012 Local Agency Biennial Notices
and believes them to be proper. Biggs Unified School District; Chico Unified School
District; Feather Falls School District; Golden Feather Union School District; Oroville City
Elementary School District; Pioneer Union Elementary School District -action requested -
ACCEPT 2012 LOCAL AGENCY CONFLICT OF INTEREST CODE BIENNIAL NOTICES.
3.11* Volunteer Fire Assistance Grant -The Fire Department has been awarded a Volunteer Fire
Assistance Grant to purchase essential fire department gear. The grant amount is $39,960
that includes a match of $19,980. The match will come from department budget -action
requested -APPROVE VOLUNTEER FIRE ASSISTANCE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN; ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE
RELATED BUDGET ADJUSTMENT.
3.12* Public Project Change Order Aooroval: Public Health Laboratory Remodel at 695 Oleander
Avenue, Chico -The Board of Supervisors awarded the contract to remodel the Public
Health Lab in Chico to Billson Construction on June 12, 2012, in the amount of $471,050.
The demolition phase has now uncovered deficiencies in the existing Heating, Ventilation
and Air Conditioning (HVAC) system. It has been determined that replacing the existing
HVAC system during the construction phase with a contemporary energy efficient system
will be less expensive than retrofitting the existing 15 year old system later and will bring
down energy costs immediately. The HVAC work and other outstanding change orders
under consideration will exceed the 10% limit established in Section 20142(b) of the
Public Contract Code and will require approval by the Board. Staff requests that the
General Services Director be authorized to approve change orders for this project that do
not exceed 15%, or $70,657, cumulatively.lt is anticipated that no additional
appropriation will be required for this project and, once completed, the Board will be
provided with a final report of expenditures for this project -action requested -
AUTHORIZE THE GENERAL SERVICES DIRECTOR TO APPROVE CHANGE ORDERS FOR THE
PROJECT NOT TO EXCEED 15%; DIRECT STAFF TO PROVIDE THE BOARD WITH A FINAL
REPORT OF EXPENDITURES ON THIS PROJECT ONCE COMPLETED.
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 6, 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 for the following departments:
Public Health, Behavioral Health, Human Resources, Employment and Social Services and
Administration. These changes will increase the total allocations in the County by 1.75
full-time equivalent positions.
Human Resources: The department is requesting to change the titles for the
classifications of Mental Health Clinician III/Mental Health Clinician II/Mental Health
Clinician I to Behavioral Health Clinician III/Behavioral Health Clinician II/Behavioral Health
Clinician I. This change in title better reflects the internal structure and operations in the
department. In addition, the Human Resources Department is requesting to add the
classification of Manager, Safety & Risk to Section 57, Reference E of the Salary Ordinance
titled, "Management, Confidential and Supervisory (BCMEA) Unit Classifications." The
salary range for the classification shall be set at 67 (Biweekly salary: $2,923.92-$3,918.34).
This classification has been agreed to by both Human Resources and the applicable
Employee Association.
Behavioral Health: Concurrent with Human Resources request above, the department is
requesting to reallocate all of their Mental Health Clinician series allocations to the newly
titled Behavioral Health Clinician series. In addition the department is requesting to
transfer one (1) position of Accountant, Senior/Accountant and one (1) position of
Administrative Analyst, Senior/Administrative Analyst/Administrative Analyst, Associate
from budget unit 541-011 to budget unit 541-012. This will allow for appropriate
expenditures in each budget unit on the actual service delivery. Additionally, the
department is requesting to delete a seventy five percent (75%) vacant position of Staff
Nurse, Senior/Staff Nurse/Staff Nurse, Associate/Licensed Vocational Nurse/Psychiatric
Technician, Senior/Psychiatric Technician; one (1) vacant position of Behavioral Health
Counselor II/I/Behavioral Health Worker; and one (1) vacant Program Manager, Clinical
Services position and add one (1) position of Supervisor, Mental Health Clinician and one
(1) position of Information Systems Analyst, Senior/Information Systems
Analyst/Information Systems Analyst, Associate. These changes are based on funding
adjustments addressed in Item 3.01 on today's agenda. In addition, the department is
requesting to add one (1) position of Behavioral Health Forensic Clinician. This position
will support the Countywide AB 109 program in coordinating agencies in the treatment
and support of person in the forensic systems requiring mental health or substance abuse
services. This position will be supported by AB 109 funding. It has no fiscal impact on the
County General Fund and reduces overall costs within the department. The combination
of these changes will increase the total allocations in the department by a twenty five
percent (25%) FTE.
PAGE 6 November 6, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 6, 2012
Department of Employment and Social Services (DESS): DESS is requesting to delete a
vacant fifty percent (50%) position of Veteran's Service Representative and add one (1)
limited-term position of Veteran's Service Representative with an end date of June 30,
2013. The 50% Veteran's Service Representative was funded with AB109 funds, and the
funding is being returned to the Community Corrections Partnership so that DESS can
focus its services to clients. The limited-term position is needed to backfill for an
employee who is on a long-term medical leave of absence. The Department has been
using extra help to provide coverage in the office however; this is a short-term fix for a
staffing shortage that may continue for some time. The department will use current year
salary and benefit savings to provide for additional term position through June 30, 2013.
This position would be eliminated immediately if the incumbent on the long-term leave of
absence returns to work prior to June 30, 2013. This change will increase the allocations
in the department by a fifty percent (50%) FTE. Funding for this increase in allocation will
be covered within the Department's existing budget.
Administration: Concurrent with Human Resources request above, the department is
requesting to add one (1) position of Manager, Safety & Risk to the Finance and Risk
Management Office. This position is being added as the initial step in a departmental
reorganization to better meet the current and future operational needs of the
department. Initially this change will increase the allocations in the department by one
(1) position until a departmental recruitment can be conducted to fill the vacancy. Once
the departmental recruitment is conducted, the department will be eliminating at a
future Board meeting the vacated position as well as an additional vacancy in the
department. It is estimated that the changes will be cost neutral to the County General
Fund -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
LIBRARY 3.14* Resolution Establishing Library Hours -Board approval is requested to close library
branches at 5:00 p. m. on the Wednesday prior to Thanksgiving, on December 24th and
on December 31st of each year. Schedules will be adjusted to allow staff to work their
regular number of hours on these dates. BCEA has confirmed in the past that meet and
confer is not required for this schedule adjustment -action requested -ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
PUBLIC HEALTH 3.15* Children's Medical Service Fiscal Year 2012-13 Child Health and Disability Prevention
(CHDP) and California Children Services (CCS) Joint Plan -Each year, the Public Health
Department prepares a Children's Medical Services Plan for submittal to the State. The
purpose of the plan is to summarize the overall program activities that will be
accomplished within the CHDP Program and the CCS Program. The CHDP program
provides for early and periodic health screening of children, adolescents and young
adults. The CCS program provides financial help for medical care and physical and
occupational therapy for children who have serious or disabling health problems -action
requested -APPROVE SUBMISSION OF THE PLAN TO THE STATE DEPARTMENT OF HEALTH
SERVICES; AND AUTHORIZE THE CHAIR TO SIGN PLAN DOCUMENT.
PAGE 7 November 6, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 6, 2012
3.16* Office of Traffic Safety (OTS) Grant AEreement -Approval is requested for a revenue
agreement with the OTS for the provision of an educational campaign targeted to parents
and guardians of children 0-8 years old to help them understand and follow the revised
California child car seat laws enacted in January 2012. The goal of the grant activities is to
lessen the amount of confusion regarding the revised laws and to increase compliance.
Car seat classes, community presentations, and car seat fitting stations will be held. The
term of the agreement is October 1, 2012 through September 30, 2013 with a maximum
amount receivable of $101,701. Appropriations related to this grant are included in the
department's current year budget -action requested -APPROVE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER AND; AUTHORIZE THE PUBLIC HEALTH GRANT DIRECTOR (ND THE PUBLIC
HEALTH FISCAL OFFICIAL TO SIGN THE AGREEMENT AS REQUIRED BY OTS.
3.17* Chico Urban Area Nitrate Compliance Plan Groundwater Monitoring - Nitrate
contamination in Chico Urban Area groundwater has been an ongoing concern for over 20
years. On September 25, 2001, the Board of Supervisors adopted the "Nitrate Compliance
Plan," which includes an Oversight and Monitoring Program for properties within the Chico
Urban Area that have not connected to public sewer. The Oversight and Monitoring
Program provides for the continued monitoring of Chico groundwater to document the
effectiveness of nitrate reduction efforts. County activities for Nitrate Compliance Plan
implementation are funded by County Service Area (CSA) 114. On January 24, 2012, the
Board of Supervisors approved a contract with URS Corporation for sampling and chemical
analysis of groundwater for approximately 35 water wells and monitoring wells, as well as
periodic reports of the monitoring events. URS completed a monitoring event in June
2012. In October 2012, URS Corporation provided the County with a report from the June
2012 monitoring event including recommendations for the Fall 2012 monitoring event.
Staff recommends approval of the contract amendment in order to include the
recommended actions in the agreement between the County and URS Corporation for the
Fall 2012 monitoring event -action requested -APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
PUBLIC WORKS 3.18* SCS Engineers Environmental Monitoring -SCS Engineers was recently awarded a contract
for environmental monitoring at the Neal Road Recycling and Waste Facility (NRRWF) as a
result of a competitive request for proposals solicitation. In addition to this new contract,
SCS Engineers has provided landfill gas consulting services, air quality permitting assistance
and air quality compliance monitoring and reporting for the NRRWF since 2002 under a
Blanket Purchase Agreement (BPA). Staff proposes to amend SCS Engineers'
Environmental Monitoring contract to include monthly landfill gas well compliance
monitoring, quarterly soil gas probe monitoring, quarterly structure monitoring for the
presence of methane, and monthly/quarterly reporting, as these tasks are consistent with
other groundwater and storm water compliance monitoring and reporting activities SCS
performs under the NRRWF Environmental Monitoring contract. By shifting tasks from the
BPA to the environmental monitoring contract, staff was able to negotiate cost savings for
the scope of work. Cost for the additional scope of work is $71,300 for the term of the
contract which expires June 30, 2015. Funding for this contract amendment is budgeted as
part of the annual NRRWF operating budget -action requested -APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 8 November 6, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 6, 2012
3.19* Notice of Completion for the Lincoln Boulevard Median Modification Project - In May of
2012 RJ Heuton Construction of Chico, CA was awarded the Lincoln Boulevard Median
Modification contract in the amount of $93,427. In general, the project consisted of the
following: saw cutting of the existing pavement, removal of the existing concrete median
curb, hard surfacing, fill and asphalt pavement roadway section; construction of tie-in
asphalt pavement section and modifications to the existing concrete pedestrian
passageways; removal of existing pavement striping, pavement markings and raised
pavement markers; installation of painted traffic striping; painted pavement markings,
reflective pavement markers and traffic signs. All contract work has been completed -
action requested -ACCEPT THE CONTRACT WORK AND AUTHORIZE THE CHAIR TO SIGN
THE NOTICE OF COMPLETION AND AUTHORIZE THE RECORDING OF THE NOTICE OF
COMPLETION.
OTHER 3.20* DrainaEe District No. 200 -Appointment in Lieu of Election -The District submits
DEPARTMENTS certification that the number of persons who have filed a Declaration of Candidacy for the
AND AGENCIES position of Director does not exceed the number of offices to be filled and that no petition
requesting a General District Election has been presented to the District. Pursuant to
Elections Code Section 10515, the District is requesting the Board appoint the person who
had filed a Declaration of Candidacy -action requested -APPOINT SHERRY LaMALFA
SMITH TO A THREE-YEAR REMAINDER TERM.
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.
PAGE 9
November 6, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 6, 2012
4.05* Development Impact Fees Nexus Study 2012 -The Board of Supervisors originally
established the development impact fee program in 2004 on the principle that new
development should fund the facilities and infrastructure necessary to serve it. The fees
were established based upon results of a nexus study completed at that time. Given that it
has been more than eight years since the initial report was completed, Administration
entered into a contract with Urban Economics to update the underlying assumptions of
the existing impact fees in a new nexus study. Prepared in cooperation with a number of
County departments, this report updates land use projections, evaluates existing standards
and estimates, and recommends changes to the program and fee amounts as a result.
Impact fees are imposed under authority granted by the Mitigation Fee Act, Section 66000
of California Government Code. The study prepared by Urban Economics documents the
relationship, or nexus, between new development and the need for increased services and
also between new development and County facilities to be funded with fee revenues to
support increased services -action requested -ACCEPT FOR INFORMATION THE "BUTTE
COUNTY PUBLIC FACILITIES FEE NEXUS STUDY 2012 UPDATE;" AND DIRECT STAFF TO
IMPLEMENT THE RESULTS OF THE STUDY AND RETURN WITH PROPOSED ADJUSTMENTS
TO DEVELOPMENT IMPACT FEES. (Administration)
S.OO PUBLIC HEARINGS AND TIMED ITEMS
9:25 A.M. 5.01* Public Hearing -Community Development Block Grant (CDBG) Planning and Technical
Assistance (PTA) Activity, Entrepreneurial, Knowledge-Based Enterprise Action Plan - On
July 21, 2009 the Butte County Board of Supervisors approved submittal of an application
for a CDBG Planning and Technical Assistance (PTA) activity from the Economic
Development Allocation to complete an Entrepreneurial, Knowledge-Based Enterprise
Action Plan. The Action Plan was presented to and accepted by the Board of Supervisors on
September 25, 2012. The goal of the Action Plan is to develop a process for identifying,
networking, recruiting, and connecting high impact entrepreneurial knowledge-based
enterprises to available Butte County business assistance resources and services including
the existing Butte County Business Incubator Program. Due to clarification from CDBG
regarding a conflict between its grant guidelines and contract requirements, the County
must now hold a hearing to provide members of the public an opportunity to provide
comment about the Action Plan -action requested -HOLD PUBLIC HEARING AND ACCEPT
INPUT FROM THE PUBLIC. (Administration)
PAGE 10 November 6, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 6, 2012
9:30 a.M. 5.02* Public Hearing - Adjustment to Fee Schedule -Neal Road Recycling and Waste Facility Gate
Fees - At the August 28, 2012 Board meeting, staff presented a Strategic Plan for the Neal
Road Recycling and Waste Facility (NRRWF), which detailed capital projects and revenue
requirements for the planning period 2012-2021. The plan's key points were: 1) Additional
revenue is required to ensure that NRRWF Enterprise Fund balance remains positive
throughout the planning period; 2) Additional waste tons and gate fee increases are
needed as part of a sustainable revenue model; 3) Assuming additional waste tons are
secured, a gate fee increase of $5 per ton implemented for 5 years ($1 per ton per year for
five years), or $4.50 per ton implemented over three years ($1.50 per ton per year for
three years) is needed to fulfill revenue requirements of the Strategic Plan. Staff
recommends the option of $4.50 per ton implemented over three years as it provides the
best opportunity to achieve the recommended minimum fund balance over the planning
period. This option results in less of a rate increase ($4.50 compared to $5.00) -action
requested -APPROVE GATE FEE INCREASE OF $4.50 PER TON IMPLEMENTED OVER THREE
YEARS, APPROVE GATE FEE INCREASE OF $5.00 PER TON IMPLEMENTED OVER FIVE YEARS),
OR PROVIDE DIRECTION TO STAFF FOR OTHER OPTIONS AND; ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Public Works)
PAGE 11 November 6, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 6, 2012
1:00 P.M. 5.03* Public HearinE -Butte County General Plan Amendment, ZoninE Ordinance Update, Final
Supplemental Environmental Impact Report and Amended Planning Division Fee Schedule
A. General Plan Amendment -Butte County General Plan 2030; Final Draft ZoninE
Ordinance Update; and Final Supplemental Environmental Impact Report -The Butte
County General Plan 2030 process involves three main components: 1) the Updated
General Plan 2030 and Land Use Map; 2) the General Plan 2030 Environmental Impact
Report (FEIR); and 3) the Updated Zoning Ordinance. On October 26, 2010, the Board of
Supervisors adopted the updated General Plan, Land Use Map and certified the associated
Final EIR.
The Final Board Draft Zoning Ordinance Update and General Plan Amendment (GPA)
presented today implements the General Plan's land use designations, incorporates policy
directions provided by the new General Plan, and provides for consistency between the
General Plan and the County Zoning Ordinance. A Final Supplemental EIR (FSEIR) has also
been prepared for the GPA and Zoning Ordinance Update, supplementing the original
General Plan 2030 FEIR.
The Planning Commission held a public hearing on September 27, 2012 and made
recommendations to the Board of Supervisors on the FSEIR, GPA and Zoning Ordinance
Update. Recommendations from the Planning Commission on the FSEIR, GPA, and the
Zoning Ordinance Update have been incorporated into the final Board Draft Zoning
Ordinance and General Plan Amendment. Development Services requests Board adoption
of the General Plan Amendment and Board Draft Zoning Ordinance and Certification of the
Final Supplemental EIR -actions requested -
1) ADOPT A RESOLUTION CERTIFYING THE FINAL SUPPLEMENTAL
ENVIRONMENTAL IMPACT REPORT (FSEIR), PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), INCLUDING THE ADOPTION OF THE
FINDINGS OF FACT, STATEMENT OF OVERRIDING CONSIDERATIONS AND
MITIGATION MONITORING AND REPORTING PLAN, AND AUTHORIZE THE
CHAIR TO SIGN; AND
2) ADOPT A RESOLUTION ADOPTING A GENERAL PLAN AMENDMENTTO BUTTE
COUNTY GENERAL PLAN 2030 AND THE GENERAL PLAN 2030 LAND USE MAP,
AND AUTHORIZE THE CHAIR TO SIGN; AND
3) ADOPT THE NEW ZONING ORDINANCE AND ZONING MAP, CONSISTING OF A
COMPREHENSIVE UPDATE TO CHAPTER 24 OF THE BUTTE COUNTY CODE -
ZONING (COMPLETELY REPLACING THE EXISTING CHAPTER 24 WITH THIS NEW
ORDINANCE) AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 12 November 6, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 6, 2012
B. Planning Division Fee Schedule Amendment -Development Services recommends
amendments to the County Master Fee Schedule for the Planning Division fees. This is
based on the comprehensive update to the Butte County Code Chapter 24, Zoning
Ordinance, and proposed changes to Chapter 20, Subdivisions. The fees are proposed to
be set at a minimum level to allow the least possible initial fee that could be processed on
a smooth, streamlined project with no public controversy. This is the basis for the new fee
type, M+H (Minimum plus Hourly). Beyond that, if a project becomes controversial or
needs additional studies, that time would be charged at the department's hourly rate to
recover the cost of providing service. Details are provided in the staff report -action
requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Development
Services)
6.00 PUBLIC COMMENT (each speaker limited to five minutes)
Comments to the Board on issues and items not listed on the agenda. Presentations will be
limited to five minutes. Please note that pursuant to California state law, the Board of
Supervisors is prohibited from taking action on any item not listed on the agenda.
PAGE 13 November 6, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
7.00 CLOSED SESSION
AGENDA -NOVEMBER 6, 2012
7.01 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,
YO LO CO. SUP. CT CASE NO: CV09-1258.
7.02 INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (c) - 1
POTENTIAL CASE: 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
PAGE 14 November 6, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -NOVEMBER 6, 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 15
November 6, 2012