HomeMy WebLinkAboutM032613 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/26/2013
9:00 A.M.—CALL TO ORDER
Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive,
Oroville.
Members present: Supervisors Connelly Wahl, Kirk, Lambert and Teeter
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
1306-001 Presentation by United States Congressman Doug LaMalfa - Congressman LaMalfa will provide a
report on current legislative issues.
CONGRESSMAN DOUG LAMALFA PROVIDED A REPORT.
1306-002 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
SUPERVISOR TEETER REQUESTED THAT ITEM 3.01 BE REMOVED FROM THE CONSENT AGENDA
FOR DISCUSSION ON THE REGULAR AGENDA.
1306-003 CONSENTAGENDA
1. Resolution Recognizing March 30, 2013 as Welcome Home Vietnam Veteran's Day.
2. Ratification of Certification of Local Approval - Chico Community Shelter Partnership - The Chico
Community Shelter Partnership (Partnership) is a local organization dedicated to improving the availability
of emergency shelters for the homeless population within Butte County. The Partnership operates the
Torres Community Center where County residents receive homeless services and shelter. The Partnership
is applying for $167,000 Emergency Solutions Grant (previously called the Federal Emergency Shelter
Grant). The grant application requires a Certification of Local Approval (Certification). In previous grant
cycles, only the City of Chico was required to sign the Certification. Under new grant requirements, both
the City of Chico and County of Butte must sign Certifications. To meet the deadline for grant application,
the Chief Administrative Officer signed the Certification and now requests Board ratification. The signing
of the Certification does not obligate the County in any way.
3. County Financial System Policies - The Chief Administrative Officer (CAO), Auditor-Controller, Director-
Information Systems, Chief Financial Officer, Treasurer-Tax Collector, Director-General Services, Director-
Human Resources and their staff have prepared two financial system policies for Board consideration.
This group has been working together to draft policies that clearly assign responsibility for supporting the
various applications comprising the county's financial system and restrict access to update and maintain
the structural tables therein that affect data processing. Restricting access is necessary to protect the
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/26/2013
integrity of financial data currently housed in and reported from the county's financial system. Under the
first policy, the CAO designates departments to be responsible for supporting specific modules and/or
applications within the financial system. Designated departments will be responsible for writing
procedures and user-manuals, providing training for county staff, and providing support when users of
the particular module/application are having trouble with the system. The second policy limits system
authority/access to the Director-Information Systems, or his designee, with system authority being
defined as that access necessary to add or modify tables or structural data in the county financial system.
All changes must first be authorized by an approving authority designated by the CAO in order to provide
separation of duties. The proposed policy then directs the CAO to develop procedures with the Auditor-
Controller for updating the County Financial System in order to maintain effective internal controls and
ensure data integrity. The Registers that are referenced are provided only for informational purposes and
are not a part of the policies.
4. Service Agreement #3 Between Butte Local Agency Formation Commission and the County of Butte - On
June 26, 2001, the Board approved an agreement with the Butte Local Area Formation Commission
(LAFCo) to provide staff and support services to LAFCo. After its separation from the County, the Board
approved Services Agreement#2 with LAFCo on January 8, 2008. Services Agreement#2 outlined support
services (communications, accounting, treasury, information systems, human resources, treasury, etc.)
the County would provide to LAFCo and the associated costs of those services. County staff and LAFCo
have now successfully completed negotiations for Services Agreement#3 to be effective July 1, 2013. This
agreement generally maintains the services the County provided previously but updates those costs. The
biggest change is increased charges for services provided by the County's Human Resources Department.
5. Application for California Department of Transportation (Caltrans) Planning Grant Funds-
The California Department of Transportation provides approximately$6 million in State "local assistance"
funds for Environmental Justice and Community Based Transportation Planning each fiscal year, pending
approval of the State budget. Fund distribution is competitive and depends upon the quality and amount
of applications received for each program. Staff has structured an application for the current round of
funding which would allow a community-led assessment and evaluation of streets in the Southside
Oroville neighborhood for potential Complete Streets improvements, such as lighting, curbs, gutters,
sidewalks, bike lanes, bulbouts, crosswalks, or other facilities, in order to enhance safety, mobility, and
neighborhood quality of life. Meyers Street would be one focus of the planning process, in order to
provide adequate sidewalks, lighting, and other facilities along this important local street. There is an
opportunity to coordinate improvements along Meyers Street with the undergrounding of utilities along
this corridor. The Complete Streets Plan for the Southside neighborhood would build on the $322,160
Urban Greening Planning grant awarded to the County in 2012 for the Oroville Urban Area Master
Greening Plan, by coordinating "hardscape" improvements in the Southside neighborhood with any
greening proposals for the area.
6. Adoption of an Ordinance of the County of Butte Adding Chapter 41A to the Butte County Code Relating
to Noise Control - At the February 26, 2013 Board of Supervisors meeting the Board waived the first
reading of the ordinance and provided staff with direction to finalize the ordinance for adoption on March
12, 2013. At the March 12 meeting, the Board provided staff with additional direction to finalize the
ordinance for Board adoption and waived the reading of the amended ordinance. The following
summarizes the major changes directed by the Board:
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/26/2013
Section 41A-3 Definitions - improvements to language for the definitions of (g) "Noise Level" and (n)
"Sound Level Meter;"
Section 41A-6 Noise Level Measurement-generally, minor modifications to title and text;
Section 41A-7 Exterior Noise Standards, (e) - minor modifications to text for non-urban areas;
Section 41A-9 (f) Exemptions - changing hours of operation for noise sources associated with
construction, repair, remodeling, demolition, paving, grading, and public works projects from between
dusk to dawn to sunset to sunrise;
Section 41A-9 (i) Exemptions-changing hours of operation for noise sources associated with maintenance
of residential property from dawn to dusk to 7:00 a.m.to sunset;
Section 41A-9 (1) Exemptions - adding Private Recreational Activities (including off-road vehicle operation
and gunfire occurring when hunting or target practice) taking place during daytime hours (9:00 a.m. to
sunset) below a 65 dBA Leq (hourly average) measured at any point on the property line over a 30 minute
period; and
Section 41A-18 Violation - including additional text concerning the cooperation of persons with the
county's agents, officers, or employees in determining noise levels or ambient noise levels.
7. Accept Unanticipated Revenue - The Butte County District Attorney currently has a Memorandum of
Understanding (MOU) with the Department of Child Support Services (DCSS) to coordinate each
department's respective role and to delineate their responsibilities for carrying out the requirements of
Title IV-D of the Social Security Act and all federal and state regulations and requirements promulgated
there under. Section 5.7 addresses the total compensation for prisoner transportation expenses as
$4,608. Due to increased prisoner transportation of arrestees, this amount has been exceeded in Fiscal
Year (FY) 2012-13. DCSS has agreed to amend the MOU to increase the amount for prisoner
transportation by $12,500, to make the maximum $17,108, and is currently processing the agreement
through the Butte Contracts Division.
8. California Department of Social Services - Approval is requested for an agreement with the California
Department of Social Services (CDSS) for adoption services for children and families in Butte County.
Effective July 1, 2011, Assembly Bill (AB) 118 realigned the funding for adoption services and other child
welfare services. Historically, Butte County has contracted with the CDSS Adoption District Office to
provide adoptions services. Due to this funding realignment, the responsibility of providing adoptions
services has transferred to the Butte County Department of Employment and Social Services (DESS). As a
result, during the period from July 1, 2012 through December 31, 2012, a phased transition of adoptions
services from the CDSS District Office to DESS occurred. During this transitional period it was necessary for
DESS to purchase selective services from CDSS. Full implementation of the DESS Adoption Services Unit
was effective January 1, 2013. The term of this agreement was July 1, 2012 through December 31, 2012,
with a maximum payable amount of$294,996.
9. California SAWS Consortium IV Joint Powers Authority (C-IV) - Under the Affordable Care Act (ACA),there
are significant changes and expansions of health coverage programs. The State created a new entity to
delivering health coverage programs called the California Health Benefit Exchange, also known as Covered
California. Beginning October 2013, the Department of Employment and Social Services (DESS) will be
responsible for the initial eligibility and ongoing case maintenance of the traditional Medi-Cal and newly
expanded Medi-Cal applicant. For Butte County, it is estimated that approximately 12,500 individuals will
seek to enroll between 2013 and 2019. The DESS is working with the State, other local agencies, and
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/26/2013
community-based organizations to plan for the increased workload and new mandated services that will
be required with implementation of the ACA. Expanding the Service Center, scheduled to become
operational September 2013, is one of the components of this plan.The C-IV Consortia has requested that
all member counties (there are 39, including Butte) amend existing agreements to include service center
technology deployment services in preparation for Medi-Cal referrals from Covered California as well as
performance reporting. The target date for receiving purchase approval of all member counties is March
31, 2013 to allow for completion of the project by September 30, 2013. The term of the C-IV agreement
amendment is March 31, 2013 through June 30, 2018.
10. Nichols, Melburg & Rossetto Architects - On December 11, 2012, the Board of Supervisors approved
agreements with the Butte County Fair Association that, in part, transferred the responsibility for major
Fair related facility maintenance to General Services. Part of the plan included a budget adjustment of
$90,000 to enable General Services to complete Facility Condition Assessments, including structural
analysis, building envelope condition, hazardous material and accessibility constraints, on key Fair
facilities that contribute to the value of the Fair complex. Staff recommends that the Board award the
$72,203.50 contract to Nichols, Melburg& Rossetto Architects for the evaluation of select Fair facilities.
11. Resolution Authorizing the Director of General Services to Execute Documents for the County of Butte -
Oroville Park and Ride Lot,funded by the Congestion Mitigation Air Quality Grant- Butte County has been
awarded $588,603 in Federal Congestion Mitigation Air Quality (CMAQ) funds for the construction of a
new Park and Ride lot adjacent to the Oroville Veterans Memorial Hall on Montgomery Street. A
requirement of the federal funding program is that the Board of Supervisors provide, by resolution, the
Officer of the Project the authority to execute documents on behalf of Butte County. These documents
will include the Right of Way Certification, Program Supplemental Agreement and Finance Letter. These
documents are all part of the federal process, and are necessary in order to provide for reimbursement of
the construction costs with CMAQ grant funds.
12. The Hignell Companies - On February 14, 2012, the Board approved an agreement with the Hignell
Companies for property management services to begin March 1, 2012, at the Southside Oroville
Community Center (SOCC). Under the terms of the agreement, the County was responsible for payment
of Pacific Gas & Electric (PG&E) charges until June 1, 2012. However,the SOCC required repairs, primarily
to the kitchen, prior to being able to fully market the facility and on October 12, 2012, the Board
approved an amendment to the contract specifying that the County would continue to pay PG&E charges
until February 28, 2013. Particularly over the holiday months, use of the SOCC did increase. However,
increased proceeds have been offset by addressing significant deferred maintenance in portions of the
facility leased to others. Staff is working on alternative programming concepts aimed at improving
revenue, but at this time recommends that the Board approve payment of the PG&E bills by the County
until June 30, 2013, with an estimated cost of approximately $20,000. Funding for the amendment is
contained within the General Services approved FY 2012-13 operating budget and no additional
appropriation is required.
13. Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following: These changes will increase the total
allocations in the County by 2 full-time equivalent positions.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/26/2013
Employment & Social Services: The Employment & Social Services Department is requesting to add one
(1) position of Supervisor, Social Work and one (1) position of Adoptions Specialist. These two positions
are funded with state realignment revenue and federal funds with no impact to the County General Fund.
In addition, the Department is requesting to delete one vacant (1) Account Clerk, Senior and add one (1)
position of Revenue and Recovery Specialist. The total estimated annual cost for this position conversion
is $3,500 and would be funded with state and federal funds with no impact to the County General Fund.
No additional appropriations are required.
14. Amendment to State of California Department of Public Health Grant 11-10034 for Infectious Disease
Control and Prevention - The department currently has an agreement with the State of California
Department of Public Health to provide a prevention and control program for infectious disease. The
program includes education, awareness, outreach, counseling, testing, treatment, surveillance and
reporting of infectious disease. The current term of the agreement is July 1, 2011 through June 30, 2013
with a maximum amount receivable of $16,338 ($8,169 per fiscal year). The department requests
approval of an amendment to this agreement. The amendment would add an additional two (2) years to
the term of the agreement. The revised term of the agreement would be July 1, 2011 through June 30,
2015. The new maximum amount receivable would be $32,676 ($8,169 per fiscal year). Appropriations
related to this grant are included in the current budget.
15. Resolution Recognizing National Public Health Week 2013 - In 1995, a Presidential proclamation
designated the first week of April each year as National Public Health Week. In observance of Public
Health Week, the Public Health Department is requesting the Board of Supervisors adopt a resolution
recognizing the week of April 1st through 7th as National Public Health Week 2013. The theme for this
year's National Public Health Week is "Public Health is ROI (Return on Investment) - Save Lives, Save
Money". The 2013 National Public Health Week theme was developed to highlight the value of
prevention and the importance of well-supported public health systems in preventing disease, saving lives
and curbing health care spending. Even small preventive changes and community initiatives can make a
big difference in living healthier lives. The Public Health Department will be focusing its local educational
efforts during Public Health Week on the daily themes of National Public Health Week. The themes
include Ensuring a Safe, Healthy Home for Your Family, Providing a Safe Environment for Children at
School, Creating a Healthy Workplace, Protecting You While You're on the Move, and Empowering a
Healthy Community.
16. 2013 Slurry Seal Project - In November 2006, California voters approved Proposition 113, which was a $20
billion bond package for transportation and safety repairs. Butte County's last phase of Prop 113 road
surfacing projects include the cape sealing of various roads in the South Oroville and Thermalito areas as
shown in the staff report. Public Works crews will place the chip seal portion of the cape seal on the
roads. The slurry seal that will be placed over the chip seal, can be completed most efficiently by a private
contractor. Public Works is requesting authorization to bid this work. After bids are received, Public Works
will return to the Board with a recommendation to award the project. The engineers estimate for the
slurry seal portion of the work is$817,000.00.
17. Butte County Support of Sutter Butte Flood Control Agency Submitting an Application for the Flood
Emergency Response Grant Program with the California Department of Water Resources -The California
Department of Water Resources (DWR) recently issued a call for projects under the much anticipated
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/26/2013
Flood Emergency Response (FER) Grant Program. The purpose of the grant is to provide grant funding for
local emergency responders to improve local flood emergency preparedness and response. This program
will also assist counties in the Sacramento-San Joaquin Valley (SSJV) to satisfy a requirement of the
Central Valley Flood Protection Act of 2008, which requires counties in the SSJV to collaborate with cities
within their jurisdictions to develop flood emergency plans within 24 months of the adoption of the
Central Valley Flood Protection Plan (CVFPP). The CVFPP also required that Regional Flood Management
Plans (RFMP) be prepared for the 9 regions in the SSJV. Butte County is coordinating with Sutter Butte
Flood Control Agency (SBFCA) and the jurisdictions in the Feather River Region to prepare the RFMP. One
required component of the RFMP is to analyze and then develop an Emergency Response section to
improve Emergency Response during a flooding event. The FER Grant will then assist in providing
resources to implement the plan developed in the RFMP. SBFCA is looking to act as the grant recipient for
the area of its jurisdictional boundary. The application is due to DWR by April 5, 2013. SBFCA is
requesting that each jurisdiction provide a support letter for this effort.
18. Farm and Ranch Grant Contract Award - On July 30, 2012, Public Works Department sent out Request for
Quotations (RFQ) to solicit bids for illegal waste site cleanup at three private property project sites in
Butte County where the property owners were not responsible for the illegal dumping. The RFQ was sent
in preparation for submitting a Farm and Ranch Solid Waste Cleanup and Abatement Grant (the Grant)
application. On August 23, 2012, Public Works Department received five responses. The lowest
responsive and responsible quote for two of the projects was from Siller Construction Company at
$27,900. The lowest responsive and responsible quote for the third project was from Gilmore
Construction & Development, Inc., at $9,480. On January 15, 2013, the County was awarded the grant
from the Department of Resources Recycling and Recovery (CalRecycle)for the abatement of these illegal
dump sites. The grant scope of work includes removal, recycling and/or disposal of waste tires and
miscellaneous debris from three parcels, totaling approximately 44 acres as well as fencing to secure two
of the sites. The grant also includes reimbursement for certain expenses incurred for the 2008 cleanup of
Lookout Point and contract/grant administration costs.
19. Siskiyou Grove Estates Subdivision, Final Map - Siskiyou Grove Estates Subdivision, AP 031-180-016, is
located on the east side of 12th Street, at the northeast corner of Siskiyou Avenue and 12th Street in
Thermalito. This project was conditionally approved on October 26, 2006 to divide a 2.1 acre parcel into 8
residential parcels ranging in size from 6,708 square feet to 11,348 square feet. An additional parcel is
being created to be used as a detention pond. The developer has complied with the Conditions of
Approval for Siskiyou Grove Estates Subdivision and has constructed the required improvements. A
Subdivision Agreement is required only for the one year maintenance period after map approval. The
developer has also petitioned for the creation of a Permanent Road Division, Zone of Benefit to maintain
the cul-de-sac street and the storm drainage improvements.The public hearing for the zone of benefit will
be heard at 9:30 a.m. on this same agenda (Item 5.01).
20. State of California - Department of Boating & Waterways -The Butte County Sheriff's Office is requesting
to accept State funding from the Department of Boating and Waterways for FY 2013-2014 for year-round
waterways patrol and enforcement. The State funds support one full-time uniformed deputy sheriff
providing law enforcement services, boating safety and education on the rivers and lakes in Butte County.
The State requires the county to match the grant award of$159,342 with county boat tax revenue in the
amount of $96,888. The match is provided by the Sheriff's Office which dedicates a full-time position to
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/26/2013
oversee the water enforcement program. The Sheriff's Office is charged with maintaining safe waterways
via boater safety education, law enforcement services to the users of the waterways, as well as water
rescue. The grant also funds a leased vehicle, marine equipment, and supporting program services.
Revenue is anticipated and budgeted during annual budget preparation. The Sheriff's Office has received
grant funds from Department of Boating and Waterways since early 2000.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.01 WHICH WAS
REMOVED FOR DISCUSSION. (MOTION: KIRK; SECOND: TEETER)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA
1306-004 California Department of Food and Agriculture (CDFA) - The Butte County Agricultural Commissioner
has been requested by the local agricultural industry and the CDFA to determine the presence of Asian
Citrus Psyllid (ACP) in Butte County. It is important to find out the population status of this invasive
and potentially economically damaging pest in Butte County that has been found recently in California.
Identifying the extent of the infestation from this pest needs to be completed as soon as possible as it
is critical to trade,to implementing eradication projects and to protect California agriculture.The CDFA
will provide contract funding for this detection survey program in the amount of $49,037 for October
1, 2012 to September 30, 2013. The CDFA will reimburse the Butte County Department of Agriculture
upon submittal of monthly invoices.
SUPERVISOR TEETER REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA
FOR DISCUSSION ON THE REGULAR AGENDA.
MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (MOTION:TEETER; SECOND:WAHL)
VOTE: Motion APPROVED 5 -0
1306-005 9:30 a.m. - Public Hearing - Siskiyou Grove Estates Subdivision, Public Hearing to form Zone of Benefit
Zone 002 within Butte County Permanent Road Division - On January 29, 2013, the Board adopted a
resolution of intent to establish the Butte County Permanent Road Division, Zone 002. The resolution
set March 26, 2013 at 9:30 a.m. to hold a public hearing to consider the formation and extent of the
zone and the proposed assessment. In the public hearing, the Board will receive written/oral
testimony, tabulate the ballots, and determine whether to form the Butte County Permanent Road
Division, Zone 002 and levy the assessment as described. The formal formation of this zone of benefit
will be in conjunction with the approval of the final subdivision map on this agenda (item 3.20 on the
consent agenda). The subdivision is located in Thermalito off of 12th Street at the corner of 12th and
Siskiyou Avenue. The project will create eight parcels and one parcel, Lot A,for the location of a storm
water detention basin which the County will accept. To date, all the requirements of the Tentative
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/26/2013
Map have been completed and the improvements installed. Based on this, the Public Works
Department is recommending that the Siskiyou Grove Estates subdivision be allowed to form a zone of
benefit within the Butte County Permanent Road Division (PRD) and that the formation of this zone,
named Zone 002, be considered by the Board. The property owner has provided a ballot in favor of the
service charges proposed in the Engineer's Report prepared for the PRD formation.
TOM FOSSUM, LAND DEVELOPMENT MANAGER, PROVIDED A REPORT.
MOTION: I MOVE TO APPROVE THE FORMATION OF ZONE 002 TO IMPOSE ANNUAL ASSESSMENTS FOR ROAD
AND STORM DRAINAGE MAINTENANCE SERVICES. (MOTION: LAMBERT; SECOND:TEETER)
VOTE: Motion APPROVED 5 -0
1306-006 9:35 a.m. - Timed Item - Lease Origination: 900 Esplanade (Original Chico Veterans Memorial Hall)
with Museum of Northern California Art (MONCA) -The original Veterans Memorial Hall located at 900
Esplanade in Chico was constructed in 1927. The County lacks sufficient funds to renovate the facility,
and it was vacated after being decommissioned in 2005 due to lack of maintenance. Although the
building is vacant, the County's responsibility to maintain the original exterior style of the building
requires both major and routine maintenance on a yearly basis. The County has been looking to
partner with others able to help the County identify and implement plans that can begin to utilize the
facility. After meeting with the City of Chico, the Chico Area Recreation District, the local Veterans'
groups, schools in the area and the community, staff recommends that the County adopt a resolution,
pursuant to California Government Code authorizing the process for executing a lease for a portion of
900 Esplanade to monca creating a partnership to begin renovation of the building. The terms of the
20 year lease agreement provide for minimal rent payment for six years during the design,
construction and implementation phase of the project and rent for the remaining 14 years to be offset
by the County receiving benefit of capital funds donated by MONCA up to $370,000.
GRANT HUNSICKER, GENERAL SERVICES DIRECTOR, ADDRESSED THE BOARD
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD:
MOTION: I MOVE TO: 1) ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; 2) EXECUTE THE LEASE
AND AUTHORIZE THE CHAIR TO SIGN; AND 3) APPOINT THE GENERAL SERVICES DIRECTOR AS THE
OFFICER OF THE PROJECT. (MOTION:WAHL; SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/26/2013
1306-007 10:00 a.m. -Timed Item -Consideration of a Property Assessed Clean Energy (PACE) Program for Non-
Residential Properties within Butte County - Assembly Bill 811 (AB 811), signed into law on July 21,
2008, authorized all California cities and counties to designate areas within which willing property
owners could enter into contractual assessments to finance the installation of energy efficiency
improvements and renewable energy generation improvements. State law has long provided cities and
counties with the power to level assessments on the county property tax bill for financing public
projects, such as sewers, parks, and underground utilities. AB 811 utilizes contractual assessment in
the same way, however, it expands these types of assessments to be levied for the purpose of
financing the installation of renewable energy and energy and water efficiency improvements that are
permanently affixed to the property. Based on the repayment structure, these types of programs are
referred to as PACE programs. Participation in PACE programs is completely voluntary. Once an
assessment district is formed, property owners voluntarily participate in the district through the
submittal/approval of finance assistance. Property taxes remain unchanged for those properties
owners located within the district who do not choose to participate. In an effort to provide PACE
services to property owners in the unincorporated area of the County, County staff has researched
options for providing PACE services and based on the result of the research recommend the Board of
Supervisors consider utilizing the FIGTREE PACE program.
JENNIFER MACARTHY, ECONOMIC AND COMMUNITY DEVELOPMENT MANAGER, PROVIDED A
REPORT.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: VALERIE NAVARRO AND JOE LIVACH.
MOTION: I MOVE TO (MOTION:; SECOND: )
VOTE: Motion APPROVED 5 -0
MOTION: I MOVE TO (MOTION:; SECOND: )
VOTE: Motion APPROVED 5 -0
MOTION: I MOVE TO (MOTION:; SECOND: )
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/26/2013
1306-008 10:30 a.m. - Public Hearing -Appeal of Planning Commission's Denial of Conditional Use Permit UP11-
0002 - Pristine Sun, LLC-This is an appeal of an application for a conditional use permit(UP11-0002)to
develop a 0.5 megawatt solar energy generation facility for wholesale electrical production, composed
of 2,016 pole-mounted, single axis tracking photo voltaic modules to be situated on approximately 5.0
acres on the southeastern portion of a 40.91-acre parcel. (APN 027-220-084). The project site is
located at 943 Cox Lane (the north side of Cox Lane, between Lone Tree Road and Arabian Way)
southwest of Palermo in the AG-20 (Agriculture - 20-acre minimum) zone. At a public hearing on
February 28, 2013, the Planning Commission denied the conditional use permit based upon the
project's location on the subject parcel. The applicant has appealed the denial.
MARK MICHELENA, SENIOR PLANNER, PROVIDED A REPORT.
CLINT AKERS ADDRESSED THE BOARD.
MOTION: I MOVE TO ADOPT THE MITIGATED NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA); GRANT THE APPEAL; AND ADOPT THE RESOLUTION MAKING
FINDINGS AND APPROVING CONDITIONAL USE PERMIT UP11-0002, SUBJECT TO THE CONDITIONS OF
APPROVAL. (MOTION: KIRK; SECOND:WAHL)
VOTE: Motion APPROVED 4-1
YEA: Supervisor Lambert, Supervisor Wahl, Supervisor Kirk, Supervisor Teeter
NAY: Supervisor Connelly
1306-00* Boards, Commissions and Committees
1. Appointments to Listed Vacancies (NONE)
2. Board Member or Committee Reports
SUPERVISOR CONNELLY REPORTED ON A TRIP TO WASHINGTON, D.C.
REPORTED ON A MEETING IN THE CHAPMAN NEIGHBORHOOD OF CHICO.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/26/2013
1306-00* Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT.
1306-00* Veterans Services Office to Provide Clients with a Veterans Identification Card -The Butte County
Veterans Service Office is launching a new program that will provide free Butte County Veteran Photo
Identification Cards to clients who are veterans of the United States military, and who have received an
honorable discharge. These cards may give veterans the ability to receive discounts or other benefits
offered by stores, restaurants, and other service providers, many of which offer to veterans a 10%
discount or more.
PROVIDED A REPORT. THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS
NO BOARD ACTION TAKEN.
PUBLIC COMMENT (each speaker limited to five minutes) (NONE)
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.
1306-00* ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(d)(1): 4 CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO SUPERIOR COURT CASE NO.
016338;
3. COUNTY OF BUTTE, COUNTY OF PLUMAS v. DEPARTMENT OF WATER RESOURCES,YOLO CO. SUP.
CT CASE NO: CV09-1258;
4. DONALD NELSON,JOSEPH SIMPSON,THOMAS BREWER, DONALD CANFIELD v. BUTTE COUNTY
SHERIFF'S DEPARTMENT, LT. BRIAN FLICKER, DEP.J. DEAL, DEP. MCNULTY, DEP. PALEY, SGT
HOVEY, C.O. MOREHEAD, C.O. STOCKWELL, C.O. MELL, C.O. BENTLY, C.O. PATRICK NARVAIS, C.O.
DEMMERS, C.O. MAFFUCCI, CAPTAIN JONES, US DISTRICT COURT EASTERN DISTRICT CASE NO. 09-
2776.
2. INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(4) - 1 POTENTIAL
CASE: US FOREST SERVICE/PLUMAS NATIONAL FOREST TRAVEL MANAGEMENT PLAN.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/26/2013
3. PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANTTO
GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR
THERE WERE NO ANNOUNCEMENTS FROM CLOSED SESSION.
THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD
THE MEETING WAS ADJOURNED AND WILL RECONVENE AT
A REGULAR MEETING OF THE BOARD TO BE HELD ON
APRIL 9, 2013.
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