HomeMy WebLinkAboutM052212 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/22/2012
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 Yamaguchi
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
1210-001 Corrections And/Or Changes To The Agenda.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, INFORMED THE BOARD THAT ITEM 3.08
(OPPOSITION TO AB 2299 (FEUER) PUBLIC SAFETY OFFICIALS; CONFIDENTIALITY) WILL BE
REMOVED FROM THE AGENDA DUE TO SOME AMENDMENTS TO THE LEGISLATION.
HE ALSO INFORMED THE BOARD THERE WAS ATYPOGRAPHICAL ERROR ON THE ACTUAL
RESOLUTION FOR ITEM 3.10 (RESOLUTION AUTHORIZING THE DISTRICT ATTORNEY TO ENTER
INTO THE VICTIM COMPENSATION AND GOVERNMENT CLAIMS BOARD (VCGCB)AGREEMENT)
WHICH HAS BEEN CORRECTED. THE LANGUAGE ON THE AGENDA IS CORRECT.
1210-002 CONSENT AGENDA
1. Resolution in Appreciation of Dorothy Balaz Upon Her Retirement -action requested -ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Assessor)
2. Dissolution of Redevelopment Agencies - Budget Adjustment and Approval of Agreement with Gallina
LLP for Audit Services - California Health and Safety Code, Sections 34182(a) and (b) require county
Auditor-Controllers to conduct or cause to be conducted an agreed-upon procedures audit of each
redevelopment agency in the county and to provide the State Controller's Office a copy of all such
audits by July 15, 2012. The purpose of the audits is to establish each redevelopment agency's assets
and liabilities, document and determine each redevelopment agency's pass-through payment
obligations, document and determine both the amount and the terms of any indebtedness incurred
by the agency, and certify the initial Recognized Obligation Payment Schedule. The county Auditor-
Controller may charge the Redevelopment Property Tax Trust Fund for any costs incurred for this
purpose. In order to meet the requirements, the Auditor-Controller requests approval of an
agreement in the amount of $29,610 with Gallina LLP to perform the required audits. In addition, an
Extra Help position will be utilized to assist in the certification of the initial Recognized Obligation
Payment Schedules. All costs associated with the audits, including the Extra Help, will be paid from
the Redevelopment Property Tax Trust Fund - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER; AND APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Auditor-
Controller)
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/22/2012
3. Accept Food Donation from Citrus School - request to accept the donation of non-perishable foods
from Citrus School. The food will be used in various programs to assist DBH clients. The value of the
food is approximately$1,125 -action requested -ACCEPT DONATION. (Behavioral Health)
4. Accept Furniture Donation from Enloe Medical Center - request to accept the donation of furniture
from Enloe Medical Center. The furniture, consisting of a headboard, two night stands, and a dresser
with a mirror will be used in the Transitional Aged Youth (TAY) Program to furnish a transitional
apartment. The TAY program is currently operated by Youth for Change, to prevent mental health
clients from living in the streets. The value of the furniture is about $350 - action requested -ACCEPT
DONATION. (Behavioral Health)
5. Budget Adjustment - In 1999, the Department of Behavioral Health (DBH) designed and created its
main computer system room in Chico, which is the core of the DBH Information Technology (DBH IT)
infrastructure. To maintain and provide stable electrical current during regular conditions and short
term backup power during electrical outages, DBH purchased an American Power Conversion (APC)
Symmetra Uninterruptible Power Supply (UPS). The Symmetra UPS, currently in use, was designed
using the load specifications of DBH IT infrastructure at that time. Over the years, additional servers
and network infrastructure have been added, dramatically increasing power needs. The Symmetra
UPS is no longer able to handle all of the power needs of DBH IT and has reached its maximum
capacity. DBH requests Board approval to purchase a new APC Symmetra UPS in the amount of
$68,000 (department budget utilizing MHSA funds). This purchase will meet the needs of today?s
DBH IT power infrastructure and allow room for expansion for the next 10 to 15 years - action
requested -AUTHORIZE CAPITAL ASSET PURCHASE AND APPROVE BUDGET ADJUSTMENT. (Behavioral
Health)
6. Sierra-Cascade Research Associates, Inc. - Gerald E. Maguire, MD of Sierra-Cascade Research
Associates, Inc. is a licensed medical doctor who provides psychiatry services in as required for adult
clients at the Butte County Department of Behavioral Health (BCDBH) Paradise Treatment Center.
BCDBH requests approval to amend their agreement with Sierra-Cascade Research Associates, Inc. to
add additional funds for provision of additional psychiatric services in fiscal year (FY) 2011-12. The
term of this agreement will remain July 1, 2011 through June 30, 2012. The maximum financial
obligation under this agreement shall not exceed $49,375, which is an increase of$5,625 (department
budget utilizing state and federal Medi-Cal funds) - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Behavioral Health)
7. Resolution Recognizing Steve Musselman, Risk Manager, Upon his Retirement - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office)
8. Daniel E. Dusina - The District Attorney's Office has an ongoing contract with Daniel E. Dusina for
teaching monthly Financial Management Classes required for clients of the Bad Check Program. The
end date of this contract is June 30, 2012. The District Attorney's Office has revised the completion
date of the contract to June 30, 2013 and increased the not-to-exceed price by $3,900 (department
budget). The total not-to-exceed price of $32,100 is over the 9 year life of the contract - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/22/2012
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (District Attorney)
9. Resolution Authorizing the District Attorney to Enter into the Victim Compensation and Government
Claims Board (VCGCB) Agreement - The State of California VCGCB provides funds to expeditiously
process claims for the unreimbursed losses of victims of crime. The VCGCB has forwarded a standard
agreement revenue contract to continue Victim Compensation support services in Butte County for
the period of July 1, 2012 through June 30, 2015 with an amount of$120,440 per fiscal year and total
of $361,320 for the period of the contract, contingent upon the availability of funds in the annual
state budget. Pending contract and County Counsel approval, the resolution allows the District
Attorney to sign the agreement and other project documents on behalf of the County - action
requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (District Attorney)
10. Lease Agreement for a Portion of 2959 Lower Wyandotte Road, Oroville, Southside Oroville
Community Center (SOCC) -The Butte County Department of Behavioral Health is currently occupying
a portion of 2959 Lower Wyandotte Road, in Oroville at the SOCC without benefit of a formal lease.
Under the terms of the new lease, the per square foot lease rate will remain fixed throughout the
initial term of the agreement at $0.98 bringing the total monthly lease to $1,172.08 for the 1,196
square foot space and the maximum amount payable to $28,129.92. The initial term of the lease
begins March 1, 2012, and is due to expire February 28, 2014, with provisions to terminate early due
to lack of funds and to extend beyond the initial term. Funding is available in the Behavioral Health
operating budget and requires no additional appropriation -action requested -APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (General Services)
11. Recology Butte Colusa Counties - On July 27, 2010,the Board of Supervisors approved a contract with
Recology Butte Colusa Counties for solid waste collection from facilities occupied by County
departments. The approved scope of work authorizes General Services to add, change and delete
services on a routine basis as facility needs change and to calculate proper compensation based on
changes in services requested. In the past year, subsequent to renegotiating many leases, changes in
service requirements have been extensive. After a comprehensive review of change notices, staff is
requesting approval of an amendment to the contract for an increase of$13,000 for a total maximum
payable to $82,624. Funding is provided within the General Services budget and no additional
appropriation is necessary- action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(General Services)
12. Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance. The following changes will leave the total County
allocations unchanged.
Behavioral Health: The Behavioral Health Department is requesting to delete one (1) vacant Certified
Nurse Practitioner/Physicians Assistant and add one (1) Staff Nurse, Senior/Staff Nurse, Staff Nurse,
Associate/Psychiatric Technician, Senior/Psychiatric Technician. The department has had difficulty
recruiting for the Certified Nurse Practitioner position and currently has several qualified candidates
with the Staff Nurse recruitments. This change will leave the total allocations in the department
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/22/2012
unchanged and have no fiscal impact to the County General Fund. Human Resources: The Human
Resources Department is requesting to add a new classification titled, Behavioral Health Peer
Advocate to Section 57, Reference J of the Salary Ordinance titled, ?Classifications with Flat Rate
Assignments'. The salary shall be set at a range from $8.00-$10.00 per hour. This classification is not
represented and will be utilized for Extra-Help appointments in the Behavioral Health Department
only - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human
Resources)
13. Communicable Disease Solutions, Inc. - Requested is an approval of agreement amendment No. 2
with Communicable Disease Solutions, Inc. The term of this agreement will remain July 1, 2011
through June 30, 2012. The maximum financial obligation under this amendment is $100,000, which
is an increase of $10,000 (department budget utilizing realignment funds). Agreement amendment
No. 1 changed the assignment of the contract from Greg Costo to his newly incorporated business
called Communicable Disease Solutions, Inc. Under Communicable Disease Solutions, Inc., Greg Costo
continues to serve as lab director and provide lab management and oversight. The increase in the
contract amount is required to provide additional service hours related to the remodel of the lab,
which is scheduled to begin on June 26, 2012. All other aspects of the contract will remain the same -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Health)
14. Authorization to Award Project to the Lowest Responsive and Responsible Bidder for the Construction
of the Lincoln Boulevard Median Modifications -This Lincoln Boulevard Median Modifications project
was authorized for advertisement at the March 27, 2012 Board of Supervisors meeting. Four bids
were received and opened on May 8, 2012 for the project. The lower bidder was RJ Heuton
Construction, Inc. of Chico, CA with a bid amount of $93,427. The bid amount from RJ Heuton
Construction, Inc. was 4.32% below the engineers estimate of $97,650 - action requested - AWARD
THE CONTRACT TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER, RJ HEUTON
CONSTRUCTION, INC. OF CHICO, CA IN THE AMOUNT OF $93,427 AND AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS TO EXECUTE SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR. (Public
Works)
15. Center for Natural Lands Management - Approval of agreement in the amount of $75,600 for the
purchase of 1.08 mitigation credits at the Keeney Preserve located in Butte County with the Center for
Natural Lands Management. This purchase will satisfy Butte County's mitigation requirements for
impacts to riparian habitat and shaded riverine aquatic habitat for construction of the Ord Ferry Road
Bridge Seismic Retrofit Project, County Project No. 42071-97-1, at Sacramento River as set forth by
the California Department of Fish and Game and the National Oceanic and Atmospheric
Administration - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Works)
16. Lumos & Associates - In 2011, the County was awarded a Disaster Recovery Initiative Grant for the
Concow area through the Community Development Block Grant program. A portion of this grant
provides for the repair and safety enhancements to the public right of way allowing for safer ingress
and egress in the event of further disasters. On January 24, 2012, the Board awarded a contract for
the design of this project to Lumos & Associates in an amount not to exceed $293,310. Initial design
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/22/2012
and permitting work has begun. During a recent site review, the need for additional work was
identified. This additional design work will consist of: 1) a detailed survey, analysis, calculations and
design for slope and roadway stabilization in three problem areas identified in project site review; 2) a
re-designed roadway in areas of groundwater upwelling (springs); 3) a detailed survey and design of
three driveway entrances that are adversely affecting proper drainage and integrity of Concow Road;
and 4) an inventory of existing culverts under 24", prioritize culverts that need immediate repair or
replacement, and create typical detail for culverts to be upsized or replaced in kind. This additional
design work will increase the cost by $20,500, bringing the total contract to $313,810. In addition,
this amendment will add two labor classifications to the rates provided in the contract - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Works)
17. Easement Deed with PG&E for the Connection of the Ameresco Co-Generation Facility at the Neal
Road Recycling and Waste Facility to the PG&E Electric Transmission System - As a part of
construction and operation of the Ameresco landfill gas-to-energy project (Project) at the Neal Road
Recycling and Waste Facility, the Project needs to be connected to the electric transmission system
owned by PG&E. To accomplish this connection, PG&E will construct a connecting pole line from its
existing facilities that crosses the landfill to the sub-station for the plant. The pole line needs to be in
an easement granted to PG&E. PG&E has prepared the Easement Deed which has been reviewed and
found by County staff be accurate. This easement needs to be in place before the pole line can be
constructed, which is scheduled to start in June - action requested - AUTHORIZE THE CHAIR TO
EXECUTE THE EASEMENT DEED ON BEHALF OF THE COUNTY. (Public Works)
18. Budget Adjustment - County Service Area (CSA) 95, known as Copley Acres, consists of 94 parcels
south of Hildale Avenue on Melrose Drive, Crane Avenue and Hart Drive, in the southeast area of
Oroville. This special district provides drainage services and collects $616 per year in supplemental
property taxes for the administration of the CSA and drainage work within the roadside drainage
system. Drainage maintenance is performed on a limited basis as funding permits. The Public Works
Road Crews provided extensive drainage maintenance work earlier this year, and the use of the CSA
fund balance is required to reimburse Public Works. Requested is a budget adjustment in the amount
of$3,150 from CSA 95 fund balance to reimburse work performed by the Public Works Department -
action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Public Works)
19. Resolution Authorizing the Director of Public Works to Execute the Interim Exhibit 9-13 Local Agency
Disadvantaged Business Enterprise (DBE) Submittal Form For Federal Fiscal Year 2012-13 -To receive
Federal Highway Administration funding for transportation projects, the County adopted a DBE
Program in compliance with Title 49 Code of Federal Regulations, Part 26. Local agencies are required
to submit an interim Exhibit 9-13 designating race-neutral DBE program measures as detailed in the
staff report - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public
Works)
20. Relief of Accountability and Budget Adjustment - The Sheriff's Office manages the Prisoner cash
account on behalf of the inmates housed in the Butte County Jail. Typically there is $77,000 in
prisoners' cash with an average of $1,200 in daily deposits and up to $24,000 in monthly payments.
Now that the Sheriff's Office has automated inmate deposits from friends and family, the only
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/22/2012
prisoner cash deposits made by staff is for the cash carried on a person at the time of booking. On
Friday March 23, 2012, a problem arose with the posting of two inmates' funds. Inmate one was
booked and possessed $5 cash and inmate two was booked and possessed $251 cash. Regrettably,
the Sheriff Correctional Technician on duty posted the full $256 to the first inmate's account. The first
inmate, identified as Timothy Guarino, was released the following day with a check for$256 which he
subsequently cashed. Guarino has been contacted on two occasions and has made verbal promises to
pay the Sheriff's Office back for the funds that are not rightfully his. Numerous subsequent attempts
to contact Guarino have had negative results. The Sheriff's Office completed an internal audit and
concluded the mis-posting of funds and the Auditor's Office concurred with the audit findings. The
Sheriff's Office will continue to attempt to recover the funds from Guarino and in the meantime,
requests the prisoner cash account be reimbursed $251 from the jail operating budget - action
requested -APPROVE RELIEF OF ACCOUNTABILITY IN THE AMOUNT OF $251; AND APPROVE RELATED
BUDGET ADJUSTMENT. (Sheriff-Coroner)
21. Adoption of an Ordinance Amending Butte County Code Section 2-166 Delegating Investment
Authority to the Butte County Treasurer-Tax Collector- Pursuant to Government Code Section 53607,
approval is requested for an ordinance which will delegate investment authority to the Treasurer-Tax
Collector for FY 2012-13. This ordinance will replace No. 4028 which expires June 30, 2012 - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (From 5-8-12 [Item 3.21])
(Treasurer/Tax Collector)
22. Annual Statement of Investment Policy - Approval is requested, pursuant to Government Code
Sections 27133 and 53601-53686, for the Annual Statement of Investment Policy which sets forth
policies regarding the investment of surplus funds and funds under the custodianship of the
Treasurer.The proposed changes to the policy for FY 2012-13 are summarized on the staff report.The
draft policy has been reviewed and accepted by the Butte County Treasury Oversight Committee at its
meeting of April 10, 2012. Upon Board approval, the Statement of Investment Policy will become
effective July 1, 2012 - action requested - APPROVE ANNUAL STATEMENT OF INVESTMENT POLICY
FO RFY 2012-13. (Treasurer/Tax Collector)
23. Treasurer's Investment Report -The Treasurer-Tax Collector submits the Monthly Investment Report
for April 30, 2012, in accordance with the Butte County Statement of Investment Policy dated July 1,
2011 -action requested -ACCEPT FOR INFORMATION. (Treasurer/Tax Collector) THIS ITEM WAS FOR
INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN.
24. Gallina LLP - amendment to the agreement with Gallina LLP to cover the annual audit of the Butte
County Treasury Oversight Committee for the year ending June 30, 2011. The amendment increases
the agreement by $6,600 and extends the termination date to June 30, 2012 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Treasurer/Tax Collector)
25. Reappointment to the 3CORE Loan Administration Board - At the recommendation of 3CORE, Inc.,
reappoint Carla Held to a term to end June 30, 2014 - action requested - MAKE APPOINTMENT.
(Other Agencies)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/22/2012
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.08 (OPPOSITION
TO AB 2299 (FEUER) PUBLIC SAFETY OFFICIALS; CONFIDENTIALITY)WHICH WAS REMOVED
FROM THE AGENDA AND WITH THE CORRECTION ON THE RESOLUTION FOR ITEM 3.10.
(MOTION: KIRK; SECOND:WAHL)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA
1210-003 Boards, Commissions and Committees
1. Appointments to Listed Vacancies (NONE)
2. Board Member or Committee Reports
SUPERVISOR WAHL THANKED MIKE CRUMP AND PUBLIC WORKS FOR LIGHTING
COMPLETED IN THE CHAPMAN NEIGHBORHOOD.
1210-004 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT.
1210-005 9:30 a.m. - Public Hearing -Wild Mountain Productions -Application for Outdoor Festival License -
Wild Mountain Productions has submitted an application for an Outdoor Festival License per Butte
County Code Chapter 12, Article III. The festival (Wild Mountain Faire) is scheduled to run from
Friday, June 29, 2012 through Sunday, July 1, 2012, and proposes to have a minimum of 62
volunteers, approximately 50 musicians/artists, 11 vendors (22 staff) and approximately 250
spectators. On-site camping is proposed. Parking is proposed on site. The festival site will be on
four parcels,totaling approximately 77.5-acres.The parcels are located on the west side of Concow
Road, directly across from Ishi Trail, at the Lake Concow Campground (12967 Concow Road).
The Planning Division has completed an environmental review of the application, completed a site
visit and determined that since no permanent structures will be built and only normal seasonal
clearing of grass areas will occur, the project is categorically exempt, per Section 15304(e) - "Minor
temporary use of land having negligible or no permanent effects on the environment, including
carnivals, etc" from the California Environmental Quality Act (CEQA). The festival application was
circulated to affected County departments and other agencies for their comments and
requirements. Recommended festival requirements (conditions) are included in the staff report -
action requested - 1) FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(e)
OF CEQA; AND 2) APPROVE THE APPLICATION SUBJECT TO RECOMMENDED CONDITIONS.
(Department of Development Services)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/22/2012
PETE CALARCO, ASSISTANT DIRECTOR AND MARK MICHELENA, PRINCIPAL PLANNER
PROVIDED A REPORT.
MOTION: I MOVE TO: 1) FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(E) OF
CEQA; AND 2) APPROVE THE APPLICATION SUBJECT TO RECOMMENDED CONDITIONS. 3:00 PM
TO 12:00 MIDNIGHT FRIDAY AND SATURDAY AND 3:00 TO 10:00 P.M. ON SUNDAY AND WITH
AMENDMENT TO CONDITION # 26 AS READ INTO RECORD BY MR. MICHELENA. (MOTION:
CONNELLY; SECOND: YAMAGUCHI)
VOTE: Motion carried 4- 1
YEA: Supervisor Lambert, Supervisor Wahl, Supervisor Connelly, Supervisor Yamaguchi
NAY: Supervisor Kirk
1210-006 9:40 a.m. - Public Hearing - Evangelical Concerns - Application for Outdoor Festival License -
Evangelical Concerns has submitted an application for an Outdoor Festival License per Chapter 12,
Article III. The festival (Cognitive Awakening) is scheduled to run from 10:00 a.m., Friday, July 13,
2012 through 12:00 p.m., July 16, 2012, and proposes to have 300 to 500 volunteers, artists and
staff and up to 1,000 spectators (1,500 maximum attendance). On-site camping is proposed. The
festival will not be selling individual admission tickets for each day of the event. The festival site
will be on two parcels,totaling approximately 93.02-acres, located at 197 and 227 Good View Drive
(the southerly terminus of Good View Drive, on the east side of Clark Road and west of Clear
Creek), approximately 1.3 miles south of the Town of Paradise. Access to the festival site is
proposed to be off of Clark Road and a shuttle service is proposed to be provided.
The Planning Division has completed an environmental review of the application, completed a site
visit and determined that since no permanent structures will be built and only normal seasonal
clearing of grass areas will occur, the project is categorically exempt, per Section 15304 (e) -
"Minor temporary use of land having negligible or no permanent effects on the environment,
including carnivals, etc" from CEQA. The festival application was circulated to affected County
departments and other agencies for their comments and requirements. Recommended festival
requirements (conditions) are included in the staff report = action requested - 1) FIND THE
FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(e) OF CEQA; AND 2) APPROVE
THE APPLICATION SUBJECT TO RECOMMENDED CONDITIONS. (Department of Development
Services)
MARK MICHELENA, SENIOR PLANNER PROVIDED A REPORT. NICK BATTALIA,THE FESTIVAL
ORGANIZER ADDRESSED THE BOARD.
JOHN SCOTT ADDRESSED THE BOARD.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/22/2012
MOTION: I MOVE TO: 1) FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(E) OF
CEQA; AND 2) APPROVE THE APPLICATION SUBJECT TO RECOMMENDED CONDITIONS AMENDING
THE HOURS OF AMPLIFIED SOUND TO 9:00 A.M. TO 12:00 A.M. MIDNIGHT. FROM MIDNIGHT TO
9:00 A.M. IS FOR ACOUSTIC SOUND ONLY. REGARDING ACCESS TO THE VENUE,THE COUNTY WILL
REQUIRE SIGNED LETTERS FROM ANY PROPERTY OWNERS WHO AGREE TO THE USE OF A PRIVATE
ROAD. COUNTY COUNSEL WILL APPROVE FORM OF LETTER. APPLICANT IS REQUIRED TO HAVE
TRAFFIC CONTROL FROM CHP. PER CALFIRE INSPECTION -THE GRASS LEVEL NEEDS TO BE KEPT TO
SHORT GRASS. (MOTION:YAMAGUCHI ; SECOND: WAHL)
VOTE: Motion APPROVED 5 -0
1210-007 10:00 a.m. - Timed Item - Introduction of the Contracts/Procurement Sunset Pilot Project
Ordinance and Update to the Board on Improving Contracting and Procurement Functions in Butte
County - The Contracts/Procurement Policies and Procedures Pilot Project (Pilot Project) efforts
formally implemented in the current fiscal year have made significant progress in identifying
inefficiencies and performance opportunities in existing processes. Staff is requesting that the
Board adopt the Pilot Project Ordinance to allow the County to formally develop improved
processes in a controlled environment. Based on the results of the Pilot Project, participants will
draft new policies and procedures for the Board to consider in the future - action requested -
WAIVE THE FIRST READING OF THE ORDINANCE. (General Services)
GRANT HUNSICKER, DIRECTOR OF GENERAL SERVICES PROVIDED A REPORT. SEAN FARRELL,
ASSISTANT DIRECTOR OF EMPLOYMENT AND SOCIAL SERVICES ADDRESSED THE BOARD.
CHERYL SCHEILE ADDRESSED THE BOARD.
MOTION: I MOVE TO WAIVE THE FIRST READING OF THE ORDINANCE WITH AN AMENDMENT TO THE
DELEGATION OF CONTRACTING AUTHORITY UNDER SECTION 51-9 FOR THE GENERAL SERVICES
DIRECTOR TO EXECUTE COUNTY CONTRACTS FOR PUBLIC PROJECTS. THE DELEGATION OF
AUTHORITY FOR EXECUTION OF THESE CONTRACTS WILL BE $125,000 INSTEAD OF $175,000 AS
RECOMMENDED. (MOTION:YAMAGUCHI; SECOND: CONNELLY )
VOTE: Motion APPROVED 5 -0
1210-008 Public Hearing - Paradise Summit (PUD08-0001) - On April 26, 2012, the Planning Commission
certified the Final Environmental Impact Report (EIR), approved Tentative Subdivision Map TSM08-
0006, and made a recommendation of approval of the Planned Unit Development to the Board of
Supervisors. TSM08-0006 is a phased tentative subdivision map to divide +/-333 acres composed
of eight Assessors Parcels into 312 single-family residential parcels varying in size from 8,738 to
32,099 square feet, and various lots for open space. Planned Unit Development (PUD08-0001) ?
Wyckoff& Associates LLC: a rezone application to allow for clustering of the 312 residences within
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/22/2012
a +/-137-acre area of the site, while preserving+/-195 acres as open space to help protect sensitive
resources and as an amenity to the subdivision. The project site is located approximately 1/5 mile
south of the Town of Paradise and is within the Paradise Sphere of Influence in Butte County. The
nearest cross streets are Pentz Road at Lago Vista Way and Lindenbaum Lane. The development
portion of the site is approximately% mile east of Pentz Road and west of the West Branch of the
Feather River as it enters/becomes Lake Oroville. The Environmental Impact Report addresses fire
services and safety; land use;transportation/traffic; wastewater; forest resources; and greenhouse
gas emissions - action requested - 1) ADOPT RESOLUTION CERTIFYING THE FINAL EIR AND
APPROVING THE WATER SUPPLY ASSESSMENT; AND 2) ADOPT THE PLANNED UNIT DEVELOPMENT
ORDINANCE FOR THE PARADISE SUMMIT PROJECT AND AUTHORIZE THE CHAIR TO SIGN.
(Department of Development Services)
PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: JAY OMAN, SUE SEROPIAN, SUE
KEISER,JOAN DOSSET, KATHLEEN MELEE, RANDY BULLOCK, MR. MELEE, RICHARD HARRIMAN,
JOHN VORISEK, LUCY COOKE,JOHN SCOTT, ROBIN DEFALCO, SCOTT WYCOFF, NICOLE
LEDFORD.
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS ANSWERED QUESTIONS.
MOTION: I MOVE TO:1) ADOPT RESOLUTION CERTIFYING THE FINAL EIR AND APPROVING THE WATER
SUPPLY ASSESSMENT; AND 2) ADOPT THE PLANNED UNIT DEVELOPMENT ORDINANCE FOR THE
PARADISE SUMMIT PROJECT AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: YAMAGUCHI;
SECOND: WAHL)
VOTE: Motion carried 4- 1
YEA: Supervisor Lambert, Supervisor Wahl, Supervisor Connelly, Supervisor Yamaguchi
NAY: Supervisor Kirk
PUBLIC COMMENT (each speaker limited to five minutes) (NONE)
1210-009 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES& BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA,
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/22/2012
DSA- MANAGEMENT/SUPERVISORY UNIT,
DSA-GENERAL UNIT,
BCCOA-SUPERVISORY UNIT,
BCCOA-GENERAL UNIT.
2. ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a): 3 CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO SUPERIOR COURT
CASE NO. 016338;
3. COUNTY OF BUTTE, COUNTY OF PLUMAS V. DEPARTMENT OF WATER RESOURCES,YOLO CO.
SUP. CT CASE NO: CV09-1258.
3. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT/GOALS PURSUANT TO
GOVERNMENT CODE SECTION 54957: LIBRARY 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 JUNE
12, 2012.
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