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HomeMy WebLinkAboutM042313 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/23/2013 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. 1308-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, REPORTED THAT ITEM 3.02 (RESOLUTION AUTHORIZING AGREEMENT BETWEEN DEPARTMENT OF HEALTH CARE SERVICES(DHCS) AND BUTTE COUNTY DEPARTMENT OF BEHAVIORAL HEALTH (BCDBH))WILL BE REMOVED FROM THIS AGENDA AS THE STATE JUST PROVIDED AN UPDATED AGREEMENT. THE ITEM WILL RETURN ON A FUTURE AGENDA. RUDYJENKINS REQUEST ITEM 3.06 (RATIFY LETTERS OF OPPOSITION -AB 537 (BONTA)AND AB 616 (BOCANEGRA) BE PULLED FROM CONSENT FOR DISCUSSION ON THE REGULAR AGENDA. SUPERVISOR WAHL REQUESTED ITEM 3.10 BE PULLED FROM CONSENT FOR DISCUSSION ON THE REGULAR AGENDA 1308-002 CONSENT AGENDA 1. Cash Advance for Butte County Department of Behavioral Health (BCDBH) - Due to delayed reimbursements from the State in recent years, the BCDBH has faced significant cash flow problems. When the department became its own fund, it needed a cash advance to close the books at the end of a fiscal year. To improve cash flow, the department has continued to budget less expenditures than anticipated revenues and improved its billing process. This has helped the situation. As of the end of March 2013, the cash deficit was approximately $6.3 million. This is comparable to the cash deficit at the end of March 2010. All of the recent changes at the State level, and the realignment of EPSDT and Managed Care revenues, have significantly impacted the cash received by the department in the current fiscal year. This, and the lack of certainty in State payments, has caused the stagnation of an overall reduction of the cash deficit. Due to continued volatility of State reimbursements, the department is requesting a cash advance of up to $8 million should this amount be necessary. The advance would come from available and appropriate restricted and non-restricted cash accounts. In the past, the Public Health realignment restricted cash accounts were the only accounts relied on. However, there is the potential, should the cash deficit reach the $8 million amount, that other available and appropriate accounts will be drawn from. The department will transfer the cash advance back to the funds impacted at the beginning of fiscal year (FY) 2013-14. It is uncertain when the department will return to a positive cash position overall due to uncertainty of fiscal changes at the State and Federal levels. BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/23/2013 2. Appointment to the Butte County Resource Conservation District (RCD) - Supervisor Teeter submits his request to appoint David Lee as District 5 representative to the RCD. The term will end January 2, 2017. 3. AB 109 Prison Realignment Program Budget Adjustments - The FY 2012-13 budget for the AB 109 program included the use of estimated carryover funds from the FY 2011-12 AB 109 allocation. This item makes budget adjustments to reflect actual carryover amounts and provides for the transfer to departments' operating budgets of FY 2011-12 accrued AB 109 revenues. Additionally, the budget adjustment provides for unallocated AB 109 funds that will be spent in FY 2013-14 to be transferred to the General Fund until such time that they are allocated. These adjustments do not increase expenditure authority in any of the operating departments. 4. Annual DNA Identification Report for 2012 - California Government Code (GC) section 76104.6 directs California Courts to levy a $1 penalty for every $10 or fraction thereof upon every fine, penalty and forfeiture levied on criminal offenses including traffic offenses, but excluding parking offenses, to implement the DNA Fingerprint, Unsolved Crime and Innocence Protection Act (Proposition 69). According to GC 76104.6, in calendar year 2008 and in each calendar year thereafter, 25% of the amounts collected, including interest, must be distributed quarterly to the State and the remaining 75%, including interest, can be used for specific local DNA related activities. The County is required to submit an annual report to the Legislature and the Department of Justice, by April 1 of each year, on the total amount of fines collected, allocated and expended for each authorized program in the preceding calendar year. On March 8, 2005, the Board of Supervisors established the DNA Identification Trust Fund for the collection of this revenue. During calendar year 2012, $118,839.55 in fees was collected and $240.98 in interest was earned in this fund. A total of$29,709.90 was distributed to the State DNA ID Fund and $89,129.69 was transferred to the Local DNA-ID Fund. The monies transferred to the Local DNA-ID Fund earned additional interest of $2,858.21. Expenditures of $119,356.40 were incurred during the calendar year to cover costs of evidence technicians and clerks in the Sheriff's Office. The Local DNA-ID Fund has a current balance of $177,939.34. The fund will continue to be used to cover staff and other related costs. 5. Letter of Opposition - Senate Bill 391 (DeSaulnier) - The Clerk-Recorder requests that the Board of Supervisors approve a letter of opposition to Senate Bill (SB) 391, authored by Senator DeSaulnier. The bill, entitled the California Homes and Jobs Act of 2013, would impose a fee of$75 on the recordation of all real estate documents, excluding documents recorded "in connection with" a real estate transaction. Under California law, the "fee" is considered a tax and will require a 2/3 vote of the Legislature.The letter of opposition outlines implications of the bill as proposed. 6. Resolution Recognizing April 21-27, 2013 as National Crime Victims' Rights Week - The District Attorney's Office requests the Board of Supervisors approve and present a resolution recognizing April 21-27, 2013 as National Crime Victims' Rights Week. Only 30 years ago, crime victims had no rights until the enactment of the federal Victims of Crime Act by President Ronald Reagan in 1984. Subsequently, California enacted Victims' Rights Act known as "Marsy's" Law in 2008. Today, all states have victims' rights laws and access to victim compensation funds to ensure services to help rebuild victims' lives. Through decades of advocacy and hard work,the treatment of victims has come a long way, but there is farther to go. For the year 2012, the Butte County Victim/Witness Assistance Center (VWAC) provided PAGE 2 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/23/2013 advocacy assistance to 2,702 local crimes victims (25% increase over 2011); filed 1,420 claims to the Victims' Compensation Board (15% increase over 2011) with a total amount of $1,024,788 paid to victims. 7. Budget Adjustment -The California Department of Justice, Witness Relocation and Assistance Program (CaIWRAP) provides approval for local witness protection cases where the state will reimburse specified costs. The nature of witness protection is such that the number of persons needing witness protection, the duration of protection, and costs are difficult to include in the department's annual budget. To date, the District Attorney's Office has received $90,993.56 in reimbursement which needs to be accepted and appropriated in budget to cover deficit expenditures. 8. Proposed Facility Plan for Affordable Care Act (ACA) Service Center - Under the ACA, there are significant changes and expansions of health coverage programs. At its meeting of March 26, 2013, the Board of Supervisors authorized the County's General Services Director to execute an agreement amendment with the California SAWS Consortium IV Joint Powers Authority (C-IV) in an amount not to exceed $1.7 million. This agreement amendment has been executed and it will provide technology deployment services for the ACA Service Center in preparation for Medi-Cal referrals from Covered California as well as performance reporting. DESS has worked with the County's Chief Administrative Office and General Services Department to identify spatial options and funding plans needed for the ACA Service Center. A two-step plan has been developed to provide for the short and long-term facility needs for this program. Initially, the ACA Service Center will be located in space currently leased by the DESS in the Oroville Community Employment Center located at 78 Table Mountain Boulevard. The total estimated cost of this facility remodel is $150,000. The cost is fully covered by MediCal funds. Most of the start-up costs, such as workstations, office partitions, chairs, and other purchased equipment will eventually be moved and utilized at the ACA Service Center's permanent location. The DESS will continue to work with the County's Chief Administrative Office and General Services Department to identify options and funding plans for long-term facility and staffing needs. These concepts will be developed and introduced to the Board of Supervisors for consideration at a future date. 9. Resolution Recognizing May 2013 as Foster Care Month. 10. Lease Origination: 2592 Notre Dame Blvd. Suite B, Chico, with John Regh, for Occupancy by the Butte County Department of Probation - The Butte County Department of Probation occupies 2,400 square feet of office space at 2592 Notre Dame Blvd., Suite B, Chico, in an agreement due to expire June 30, 2013. The new lease rate will remain the same as the current lease ($1.2495166 per foot)for the entire 62 month term of the agreement for a monthly payment of $2,998.84. The planned termination date for the agreement is June 30, 2018 and includes the option to extend for an additional 60 month period. Funding for this lease is identified within the FY 2012-13 approved budget, and will be included in FY 2013-14 recommended budget and requires no other additional appropriation. 11. Award of Contract for the Juvenile Hall Security System Upgrade and Budget Adjustment-On December 11, 2012, the Board of Supervisors approved a contract with Fitzgerald Technology Group to complete the design phase of the Juvenile Hall Security System Upgrade project. The design, which is now complete, calls for a larger scope of work than originally considered in the FY 2012-13 budget. Staff recommends a budget adjustment of $35,000 utilizing Youth Offender Block Grant restricted fund PAGE 3 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/23/2013 balance to ensure a successful installation, bringing the total project budget to $585,000. Staff also recommends that the Board award the $469,000 contract for the construction phase of the project to the company P2 ABC Controls. The term of the contract ends on December 31, 2013. P2 ABC Controls was selected through a competitive bid process late in 2011 to install the Main Jail Security System and, subsequently, also installed the security system in the Day Reporting Center. Utilizing P2 ABC will ensure consistency in quality and other operational aspects between the public safety facilities located within the Oroville Government Center Campus. 12. Contract Amendment - Diane Davis Investigations - Due to an increased amount of investigations in FY 2012-13, Human Resources requests an increase in the contract between Butte County and Diane Davis from not-to-exceed $20,000 to not-to-exceed $75,000, as well as extending the contract to end June 30, 2014. 13. Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance for the following departments: DESS, Behavioral Health, Human Resources and Library. These changes will increase the total allocations in the County by five (5) regular positions and one (1) term position. Three (3) of the positions will be eliminated once departmental recruitments are conducted and they become vacant. DESS - The Employment & Social Services Department is requesting to add two (2) flexibly staffed positions of Legal Office Specialist, Senior/Legal Office Specialist. Allocating these positions with the Senior level will allow the department to have a lead worker over each unit to help coach, lead and provide technical training. These changes will initially increase the allocations in the department by two (2) positions until a departmental recruitment can be conducted to fill them. Once the departmental recruitment is complete, the two (2) positions that were vacated will be eliminated at a future Board meeting. Funding for these positions is included in the Department's current fiscal year budget. In addition the department is requesting to add one (1) term position of Program Manager, Employment & Social Services with an end date of April 30, 2014. This term position is necessary for implementation of the Affordable Care Act (ACA). This position will oversee the preparation, implementation and post implementation activities for this project. Funding for this position is included in the Department's current fiscal year budget. This change will increase the allocations in the department by one (1)term position. Behavioral Health - The Behavioral Health Department is requesting to add one (1) position of Psychiatrist; one (1) flexibly staffed position of Behavioral Health Clinician III/11/1 and delete one (1) flexibly staffed sunset position of Behavioral Health Clinician 11/1. These changes will allow for better medical coverage in the department and eliminates a sunset position while adding a regular position. The sunset position was originally funded with a grant, but funding has subsequently been replaced by other sources. These changes will increase the total allocations in the department by one (1) allocation and have no fiscal impact on the County General Fund. In addition the department is requesting to delete one (1) vacant flexibly staffed position of Office Specialist, Senior/Office Specialist/Office Assistant and add one (1) flexibly staffed position of Medical Records Technician, Senior/Medical Records Technician. This change will help standardize the support PAGE 4 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/23/2013 staff positions in the clinics. This change 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 add one (1) flexibly staffed position of Human Resources Analyst, Principal/Human Resources Analyst, Senior/Human Resources Analyst/Human Resources Analyst, Associate. This position is being requested to address the increasing workload in the department and ensures that the department can continue to provide timely human resource services to all County employees and departments. Any costs associated with this position for the current fiscal year will be funded by within the department's budget. Funding for fiscal year 2013- 2014 is included in the Department's requested budget. This change will increase the total allocations in the department by one (1) position. Library -The Library is requesting to add one (1) position of Librarian. This position is needed to better meet the current and future 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 complete, the position that was vacated will be eliminated at a future Board meeting. Any costs associated with this position for the current fiscal year will be funded within the department's budget. 14. Budget Adjustments for Various Grants and Library Services and Technology Act (LSTA) Grant Certification - The Library has received various grants and allocations that were not included in the department's FY 2012-13 budget. The department requests that the unanticipated revenue be received and appropriated as follows: 1) Northnet Library System -A $3,000 grant for various staff trainings and a $10,200 grant for the purchase of laptops, equipment and stipends to support a nutrition and Calfresh partnership with CSU Center for Nutrition and Activity Promotion; 2) LSTA grants -A portion ($4,607) of a grant received in FY 2011-12 for the purchase of e-readers and a $13,900 grant awarded in FY 2012-13 for a series of speakers in conjunction with Osher Lifelong Learning Institute. The Library is only appropriating $10,516 of the 2012-13 grant at this time; 3) California Council for the Humanities - A $10,000 grant to bring author Daniel Alacorn to Butte County and for discussions of his work; and 4) California Library Literacy Services - an allocation of$32,360 for the Literacy Program. The department is requesting increased appropriations of$23,697, with the balance of the allocation offsetting existing staffing costs. In addition, the Library Director requests that the Board of Supervisors authorize her to sign the LSTA Certification and Financial Claim for Funds for Grant Award #40-8162 on behalf of the County. 15. Spring Chico Unified Student Amnesty Chico Library - The Library Director requests that the Board consider a fine amnesty for children and teenagers through a partnership with Chico Unified School District for the 12/13 school year. Under the proposed amnesty program, overdue fines will be waived when library materials are returned to school libraries in May 2013. The children and teenagers returning the late items will also receive information about library hours/locations and free summer library activities for families. The goals of this project are to welcome these young people and their families back to the library and to recover missing library materials. This is a pilot project which may be expanded to other school districts for the 2013-14 school year. 16. Lisa Creamer O'Donnell - The Probation Department requests approval to amend an agreement with PAGE 5 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/23/2013 Lisa Creamer O'Donnell, Licensed Marriage and Family Therapist, to provide assessment, treatment, counseling and case management to at-risk youth and families. The amendment would increase the amount payable by $20,000 to $92,179 for FY 2012-13, and $412,716 for the full term of the contract. The contract end date of June 30, 2013 will remain the same. Funding for this contract is provided through the Juvenile Justice Crime Prevention Act (JJCPA). No budget adjustment is required, and there will be no General Fund impact. 17. Securus Technologies - On July 9, 2012, the Sheriff's Office released a Request for Proposal (RFP) for a software system to manage inmates. The RFP requested a software system to maintain all data on inmates to include: name, date of birth, personal identification numbers, photographs, fingerprints, description, property, money, charges, court appearances, medical information, classification, visitors, bed check logs, grievances, alerts, and all inmate history. The system we desired would allow for automated inmate tracking and scheduling for court, visitors and medical appointments. The Sheriff's Office formed a selection panel of seven panelists to review the sixteen responses to the RFP, and the panel was able to narrow the list to six viable responses. The top four companies were selected to complete a formal presentation to the panel, and the panel was able to select the finalist, Securus. The County entered into negotiations with Securus and reached an agreement last month. The Securus System will allow the Sheriff's Office to properly manage all inmates, from booking to release, and will greatly enhance scheduling by automating the inmate tracking system thus reducing staff time involved with paper tracking. The total cost of the system, for equipment, installation and training, in year one, which splits two fiscal years, is $433,693 ($130,110 in 12-13 and $303,583 in 13-14). Annual maintenance in year two and three is $55,200 each year. The total three-year contract price is $544,094.The entire system is funded with Inmate Welfare Funds. 18. Contract Amendment with the California Department of Water Resources (DWR) and West/Yost Associates - Butte County is conducting the Lower Tuscan Aquifer Monitoring, Recharge and Data Management Project that is funded by a contract with DWR through Proposition 50 funds. This contract expires on June 30, 2013, with residual revenue available. Butte County is also involved in the Northern Sacramento Valley Integrated Regional Water Management (NSVIRWM) planning process through another contract with DWR, which is funded under Prop 84. The Department is requesting an extension of the Prop 84 contract for this six-county planning process through May 30, 2014.This extension would allow the inclusion of flood management reports that are currently being developed by the Central Valley Flood Protection program. With the extension of this planning process through May 2014, additional funding for outreach activities, such as public meetings is necessary. Because both grants have tasks associated with public outreach activities, these increased costs are compatible with the residual Prop 50 revenues. Therefore, DWR, who is the administrator of both Prop 50 and Prop 84, has approved the use of the residual funds under Prop 50 for use in the NSVIRWM planning process. It is requested that the Board approve a contract amendment with DWR extending the completion date and a contract amendment with West/Yost Associates increasing the agreement by $70,000, extending the completion date, and modifying the scope. 19. Resolution Recognizing April 2013 as Child Abuse Prevention Month. PAGE 6 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/23/2013 MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH 3.02 REMOVED FROM THE AGENDA WITH NO ACTION AND 3.06 AND 3.10 REMOVED FOR DISCUSSION ON THE REGULAR AGENDA. (MOTION: KIRK; SECOND:TEETER) VOTE: Motion APPROVED 5 -0 REGULAR AGENDA Items Removed from the Consent Agenda for Board Consideration and Action. 1308-003 Ratify Letters of Opposition -AB 537 (Bonta) and AB 616 (Bocanegra) -Assembly Bill (AB) 537 and AB 616 are bills that would further erode local collective bargaining rights. AB 537 proposes to mandate mediation in collective bargaining if either party requests it. AB 616 proposes to shift many elements of labor relations from local control to the jurisdiction of the Public Employment Relations Board, as well as extend the timeline for an employee representative to submit a dispute for fact finding. Since both bills are scheduled to be heard on April 24th, the Administration Department requested that the Chair sign the bills prior to Board consideration and now requests that the Board of Supervisors ratify the Chair's signature. RUDYJENKINS ADDRESSED THE BOARD. MOTION: I MOVE TO APPROVE THE LETTERS AND RATIFY THE CHAIR'S SIGNATURE. (MOTION:TEETER; SECOND:WAHL) VOTE: Motion APPROVED 5 -0 1308-004 Budget Adjustment-The District Attorney's Office has incurred increased costs in prosecution of Environmental Cases. The department wishes to utilize$44,000 in funds from their restricted cash account to cover these additional costs. SUPERVISOR WAHL ASKED QUESTIONS RELATED TO THE ITEM. MOTION: I MOVE TO DELAY ACTION ON THIS ITEM SO THAT STAFF CAN PROVIDE ADDITIONAL INFORMATION AND REQUESTTHAT IT RETURN ON THE NEXT AGENDA. (MOTION: WAHL; SECOND: LAMBERT) VOTE: Motion APPROVED 5 -0 PAGE 7 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/23/2013 1308-005 Boards, Commissions and Committees 1. Appointment to Butte County Water Commission for Landowner-Private Well -The term of one of the Landowner-Private Well Commission members ended in March 2013.The following individuals have expressed interest to be appointed to the vacant seat: Mark Kimmelshue and John Scott. MARK KIMMELSHUE AND JOHN SCOTT ADDRESSED THE BOARD. MOTION: I MOVE TO APPOINT JOHN SCOTT. (MOTION: KIRK; SECOND: TEETER) VOTE: Motion carried 3 -2 YEA: Supervisor Connelly, Supervisor Kirk, Supervisor Teeter NAY: Supervisor Lambert, Supervisor Wahl 2. Appointments to Listed Vacancies (NONE) 3. Board Member or Committee Reports SUPERVISOR TEETER PROVIDED A REPORT ON A WHITE WATER PARK IN IDAHO AND THE ECONOMIC BENEFIT THE PARK PROVIDED TO THE AREA. 1308-006 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER ADDRESSED THE BOARD. 1308-007 Introduction of an Ordinance Amending Sections 23-11 to 23-21 of Article IV of the Butte County Code - Records of Ownership of Nut Crops - The Board has adopted an ordinance under the authority of the California Food and Agriculture Code (FAC) section 886 to protect the Agriculture industry of this County. The intent of this article is to establish a means of verifying ownership of these specified agricultural commodities in order to prevent and deter theft of those commodities and to provide a means for local enforcement of laws and regulations pertaining to the purchase and sale of these commodities. Currently, the FAC and the Butte County Code gives the Agricultural Commissioner authority to require proof of ownership for anyone who has in his possession more than 25 pounds of commodity. This amendment would eliminate the 25-pound restriction on unprocessed nut possession and require proper documentation of such possession on a form approved by the Agricultural Commissioner. The amendment would also create a walnut buying period, after which non-processing associated walnut buying operations may take place. The walnut industry is particularly vulnerable to theft due to the manner in which nuts are harvested from windrows. According to the Butte County 2011 Crop Report, there were 37,700 harvested acres of walnuts in Butte County with a market value of almost $219,000,000. This value will only increase in PAGE 8 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/23/2013 the near future with more planted acres and higher commodity values. The acreage of planted walnuts covers an expanse from the Tehama county border, to the Sacramento River, to Durham, Gridley and the Sutter and Yuba County border which physically provides a daunting task for law enforcement to patrol. This ordinance would provide a window of time to help law enforcement to focus its attention on other theft issues, such as metal and equipment theft, by eliminating roadside buyers that set up temporarily and often pay cash without proper proof of ownership. RICHARD PRICE,AGRICULTURAL COMMISSIONER ADDRESSED THE BOARD. THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: BOB DUBOSE; LAURA DUBOSE; KEITH MUSIC; COLLEEN CECIL; WALTER STILE;JOE HERNANDEZ. SHERIFF JERRY SMITH ADDRESSED THE BOARD. MIKE RAMSEY, DISTRICT ATTORNEY, ADDRESSED THE BOARD. MOTION: I MOVE TO WAIVE THE FIRST READING OF THE ORDINANCE. (MOTION:TEETER; SECOND:WAHL) VOTE: Motion APPROVED 5 -0 1308-008 Resolution Urging the State to Provide Sustainable Funding for Transportation Infrastructure - Every vehicle, bicycle or pedestrian trip, from home, work or school, begins and ends on a local road. Local roads are an important piece of the State's transportation system. In fact, cities and counties own and operate 81% of the roads in California. The results of the 2012 California Statewide Local Streets and Road Needs Assessment, which provides critical analysis and information on the local networks condition and funding needs, indicate that the condition of California's local streets and roads are on a path of significant decline. On a scale of zero (failed) to 100 (excellent), the statewide average Pavement Condition Index (PCI) is 66, placing it in the "at risk" category. The Butte County PCI for 2012 was 65, down from a PCI of 67 in 2010 and a PCI of 70 in 2008. Public Works will make a presentation to the Board of the results and findings of the 2012 California Statewide Local Streets and Roads Needs Assessment report. A copy of the full report can be found at http://www.savecaIiforniastreets.org/ MIKE CRUMP, DIRECTOR OF PUBLIC WORKS ADDRESSED THE BOARD. MOTION: I MOVE TO 1)ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN;AND 2) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SEND A COPY OF THE ADOPTED RESOLUTION TO LEGISLATORS. (MOTION: KIRK; SECOND:TEETER) VOTE: Motion APPROVED 5 -0 PAGE 9 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/23/2013 1308-009 10:00 a.m. - Public Hearing - Whisper Ridge Golf Resort - Request to Certify Final Environmental Impact Report (EIR), Approve Rezone (REZ), Use Permit (UP) and Lot Line Adjustments (LLA) - The project is a golf course resort including a golf course, lodging, hotel, and wellness center approximately six miles east of the City of Oroville on the east side of Highway 162, north of Forbestown Road. The project includes a rezone to Recreation Commercial Overlay (REZ12-0001), a use permit (UP12-0006) and two separate lot line adjustments (LLA12-0010 and 12-0011). Additional project information is included in the staff report and in the Final (EIR) and Draft EIR. The Planning Commission conducted a hearing on March 28, 2013 to make a recommendation to the Board of Supervisors on the project and the Final EIR. The Planning Commission reviewed materials including the Final EIR, project exhibits including the architectural theme,the staff report, and draft versions of the Board of Supervisors resolutions. The Commission voted 5-0 to recommend to the Board of Supervisors certification of the Final EIR and to approve the project with a Statement of Overriding Considerations. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, ADDRESSED THE BOARD. PETE CALARCO,ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT TO THE BOARD. THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: MARC; A REPRESENTATIVE FROM THE BUTTE COUNTY OFFICE OF EDUCATION; AND MATT GALLOWAY. THE BOARD HAS REQUESTED THATTHE YET-TO-BE DETERMINED DETAILED PLANS BE PROVIDED TO THE BOARD UPON COMPLETION. MOTION: I MOVE TO 1) ADOPT THE RESOLUTION CERTIFYING THE FINAL EIR; 2) APPROVE THE REZONE ORDINANCE FOR A RECREATION COMMERCIAL OVERLAY WITH A CONDITIONAL ZONING AGREEMENT; AND 3) ADOPT THE RESOLUTION APPROVING THE WHISPER RIDGE GOLF RESORT AT LAKE OROVILLE IN INCLUDING CONDITION 17. (MOTION: WAHL; SECOND: LAMBERT) VOTE: Motion APPROVED 5 -0 RECESS Recess as the Butte County Board of Supervisors and convene as the Thompson Flat Cemetery District Board of Trustees. PAGE 10 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/23/2013 THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES APRIL 23, 2013 MINUTES CALL TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Trustees present: Supervisors Connelly Wahl, Kirk, Lambert and Teeter The Board of Trustees is required to convene at least once a quarter pursuant to Health and Safety Code 9029. CONSENT AGENDA (No Items) REGULAR AGENDA 1302-001 Election of a Special District"Non-Enterprise" Regular Commissioner-The Butte Local Agency Formation Commission (LAFCO) is calling for votes for a Special District Regular"Non-Enterprise" member and an alternate member to serve on the Commission.The term of the office is four years, beginning June 2013 and ending May 2017. If the Thompson Flat Cemetery District Board of Trustees chooses to vote for members to the Commission,the vote must be made by an official action of the Board and signed by the Chair.The ballot and names of nominees are included in the staff report. MOTION: I MOVE TO APPROVE TOM LANDO AS ONE SPECIAL DISTRICT REGULAR "NON-ENTERPRISE" MEMBER AND WES GILBERT AS ALTERNATE MEMBER TO LAFCO. (MOTION: KIRK; SECOND: LAMBERT) VOTE: Motion APPROVED 5 -0 PUBLIC COMMENT(each speaker limited to five minutes) (N ONE) ADJOURNMENT Adjourn as the Thompson Flat Cemetery District Board of Trustees and reconvene as the Butte County Board of Supervisors. PAGE 11 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/23/2013 1308-010 PUBLIC COMMENT (each speaker limited to five minutes) CHAIR CONNELLY ADDRESSED THE BOARD AS A MEMBER OF THE PUBLIC REGARDING GROUND WATER TRANSFERS. ITEM 4.04 State Capitol Display Update- Lining the halls of the California State Capitol are fifty-eight glass display cases, inside of which each of the counties may provide content showcasing the county.The current Butte County display was updated in 2008 to include a diorama-style display of Butte County features and assets. On October 25, 2011,the Board of Supervisors amended the contract with Debra Lucero& Associates for the county-wide tourism marketing program to include an update to the State Capitol Display representing Butte County.The update to the State Capitol Display includes a video highlighting Butte County. The video employs photo and video clips to illustrate Butte County assets including: climate and geography, culture and history, outdoor recreation opportunities, agriculture and business innovation.The video will be presented to the Board for information and the new display will be installed in the State Capitol in May 2013. DUE TO TIME CONSTRAINTS,THIS ITEM WAS NOT HEARD AT THIS MEETING. IT WILL RETURN ON THE MAY 7, 2013 AGENDA. 1308-011 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS: 1. PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER 2. BEHAVIORAL HEALTH DIRECTOR 3. CHIEF ADMINISTRATIVE OFFICER 4. CHIEF PROBATION OFFICER 5. CHILD SUPPORT SERVICES DIRECTOR 6. COUNTY COUNSEL 7. DEVELOPMENT SERVICES DIRECTOR 8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR 9. HUMAN RESOURCES DIRECTOR 10. INFORMATION SERVICES DIRECTOR 11. LIBRARY DIRECTOR 12. PUBLIC HEALTH DIRECTOR 13. PUBLIC WORKS DIRECTOR 14.WATER AND RESOURCE CONSERVATION DIRECTOR PAGE 12 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/23/2013 2. ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(d)(1): 3 CASES 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO SUPERIOR COURT CASE NO. 016338; 3. COUNTY OF BUTTE, COUNTY OF PLUMAS v. DEPARTMENT OF WATER RESOURCES,YOLO CO. SUP. CT CASE NO: CV09-1258. 3. SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9 (d)(2) -ONE POTENTIAL CASE. 4. 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 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 MAY 7, 2013. PAGE 13