HomeMy WebLinkAboutA032514BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
March 25, 2014
County Supervisors
Bill Connelly, District 1
Larry Wahl, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Doug Teeter, District 5
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
Bruce S. Alpert, County Counsel
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – MARCH 25, 2014
PAGE 1 March 25, 2014
Butte County Department Heads
Agricultural Commissioner Richard Price
Assessor* Fred Holland
Auditor-Controller* Dave Houser
Behavioral Health Director (Interim) Cathi Grams
Chief Administrative Officer Paul Hahn
Chief Probation Officer Steve Bordin
Child Support Services Director Sharon A. Stone
Clerk-Recorder-Registrar of Voters* Candace Grubbs
County Counsel Bruce S. Alpert
Development Services Director Tim Snellings
District Attorney* Mike Ramsey
Employment and Social Services Director Cathi Grams
Farm, Home & 4-H Advisory Joseph Connell
Fire Chief (Interim) Greg McFadden
General Services Director Grant Hunsicker
Human Resources Director Brian Ring
Information Systems Director Robert Barnes
Library Director Melanie Lightbody
Public Health Director Cathy Raevsky
Public Works Director Mike Crump
Sheriff-Coroner* Jerry Smith
Treasurer-Tax Collector* Peggy Moak
Water and Resource Conservation Paul H. Gosselin
* Elected Official
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – MARCH 25, 2014
PAGE 2 March 25, 2014
9:00 A.M. 1.00 CALL TO ORDER
1.01 Call to Order - Board of Supervisors Room, County Administration Building, 25 County
Center Drive, Oroville.
1.02 Pledge of Allegiance to the Flag of the United States of America.
1.03 Observation of a Moment of Silence.
2.00 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
3.00 CONSENT AGENDA
BEHAVIORAL
HEALTH
3.01* Crestwood Behavioral Health, Inc. - Amendment C - Crestwood Behavioral Health, Inc.
(Crestwood) consists of skilled nursing facilities, mental health rehabilitation centers, and
institutes for mental disease which provide behavioral intervention and psychological and
social rehabilitation to consumers with mental disorders in secure residential settings.
Approval is requested for an amendment to the agreement with Crestwood to increase
bed days and enhancement services needed for client placements through Fiscal Year (FY)
2013-14. The increase is due to additional consumer placement needs. There are no
changes to rates and the term of this agreement will remain July 1, 2013 through June 30,
2014. The maximum financial obligation under this agreement shall not exceed $945,640
(this is an increase of $35,640) – action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER.
3.02* Grant Agreement with Mental Health Services Oversight and Accountability Commission
(MHSOAC) – The MHSOAC grant funds services for the Investment in Mental Health
Wellness Act of 2013, Mental Health Triage Grant Program. Butte County Department of
Behavioral Health has been awarded funding to support the new triage services within
the County. Three triage teams will be created to support, evaluate, assess and refer
community members presenting in crisis to appropriate levels of mental health care. The
target populations to be served are consumer individuals and families experiencing a time
of crisis. The triage teams will provide services in three local hospital emergency rooms,
two local homeless shelters, and will coordinate, dispatch, and track crisis personnel. It is
anticipated that through the life of the grant, the triage teams will serve approximately
650 consumers each year. Approval is requested to add the eight (8) new positions with
this funding: five (5) Behavioral Health Clinicians, two (2) Behavioral Health Counselors,
and one (1) Administrative Analyst. Approval is also requested for a budget adjustment to
appropriate a portion ($175,275) of the FY 2013-14 MHSOAC funding award to be utilized
per grant requirements through June 30, 2014. The term of the grant will be FY 2013-14
through FY 2016-17. The maximum amount receivable is $1,057,070 allocated: $358,519
for FY 2013-14, $514,079 for FY 2014-15, $199,195 for FY 2015-16, and $3,277 for FY
2016-17 – action requested – 1) APPROVE BUDGET ADJUSTMENT (4/5 vote required);
AND 2) ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – MARCH 25, 2014
PAGE 3 March 25, 2014
3.03* Revenue Agreement with Superior Court of California - Collaborative Justice Courts
Substance Abuse Program - Superior Court of California, County of Butte (the Court), has
received a grant from the Administrative Office of the Courts for a Collaborative Justice
Courts Substance Abuse Focus Program to be used in conjunction with Butte County’s
Treatment Court. The Treatment Court Program began operations in October 2001 and
serves men and women 18 and over who have appeared before the criminal court with a
misdemeanor or felony charge for drug possession, or under the influence charges, and
are on formal probation as a result of their conviction. Clients who successfully complete
the program will earn dismissal of their conviction. Butte County Department of
Behavioral Health (BCDBH) provides services to clients of the Treatment Court Program as
a component of this grant. BCDBH requests approval of an agreement with the Court. This
agreement will fund a portion of a Behavioral Health position. For the performance of
these services, the Court agrees to pay BCDBH up to a maximum compensation of
$29,312. The term of this agreement will be July 1, 2013 through August 31, 2014 – action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
3.04* Tri County Treatment - Amendment C - Tri County Treatment is a drug rehabilitation
facility where persons suffering from chemical dependency can re-establish their lives in a
structured, private, live-in facility. Tri County Treatment specializes in residential short-
term and residential long-term substance abuse treatment programs. Approval is
requested to amend the agreement with Tri County Treatment to provide additional
alcohol/drug-free housing needed for an increase in client placements through FY 2013-
14; there is no change to the rates. The term of this agreement will remain July 1, 2013
through June 30, 2014. The maximum financial obligation under this agreement shall not
exceed $140,818.02 (this is an increase of $29,252.59 for FY 2013-14) – action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
3.05* Youth For Change - Housing Programs Amendment A - Youth for Change (YFC) is a
nonprofit, public benefit organization that is licensed by the State of California to provide
specialty mental health treatment and support services in the community. YFC specializes
in community collaboration which supports the healing of children and families. Approval
is requested for an amendment with YFC for the Master Lease and Transitional Aged
Youth (TAY) Mobile Housing Programs. The amendment would add funding to the TAY
Mobile Housing Program, providing additional housing options to this population. The
term of the agreement will remain July 1, 2013 through June 30, 2014. The maximum
financial obligation under this agreement shall not exceed $86,149 (this is an increase of
$8,596) – action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – MARCH 25, 2014
PAGE 4 March 25, 2014
GENERAL
SERVICES
3.06* Budget Adjustment for 7 County Center Drive Carpet Replacement Project - The carpet in
7 County Center Drive, Oroville, occupied by Public Works and Development Services, is
past the end of life, is no longer serviceable. The Major Maintenance budget for FY 2013-
14 includes approximately $139,000 in appropriation to complete the carpet replacement
project. The project estimate was developed based on hazardous material reports
decades old that indicated the absence of asbestos. However, it was subsequently
determined that testing standards utilized at the time do not meet the current standards
utilized by the County. Additional testing that is now required before any warranty for the
new carpet can be provided, has identified that the mastic used to adhere portions of the
flooring under the carpet does contain asbestos. Staff recommends approval of a budget
adjustment in the amount of $20,000 to provide General Services sufficient funding to
properly complete this project. Funding for the increase is contained within the Public
Works and Development Services FY 2013-14 budgets – action requested - APPROVE
BUDGET ADJUSTMENT (4/5 vote required).
3.07* Award of Contract for Construction Quality Services to Holdrege and Kull Consulting
Engineers & Geologists - Public Works Yard Project - On February 25, 2014, the Board
approved a contract with D.H. Slater and Son to construct the new North County Public
Works Yard at 44 Bellarmine Court in Chico. Subsequently, staff requested proposals from
firms experienced in quality assurance and quality testing to assist the County in ensuring
that construction results match the design criteria. After a detailed evaluation of the
proposals, staff recommends that the contract be awarded to Holdrege and Kull in Chico,
for $35,114. The scope of work for this contract includes earthwork observation and
compaction testing, special inspection of steel rebar, inspection and testing of concrete,
CMU walls and grout placement, mechanical anchors, field bolting and field welding. All
work shall be completed within 270 days from the date of issuance of the Notice to
Proceed – action requested - APPROVE THE CONTRACT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
3.08* Amendment 1 to Contract with Ray Morgan to Increase the Rental of High Speed
Scanners - The County's contract with Ray Morgan Company was executed on December
26, 2012 for the rental of 12 high speed scanners for the Department of Employment and
Social Services (DESS). DESS has requested to increase the number of high speed scanners
by four (4) for a total of 16 high speed scanners. The original contract for $24,999.12 will
increase by $5,418, for a total cost of $30,417.12. The cost of the additional scanners
brings the contract total over $25,000 which requires Board of Supervisors approval. All
other terms of the contract remain the same – action requested - APPROVE THE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER.
3.09* Budget Adjustment for Insurance Reimbursement - Southside Oroville Community
Center - Several months ago a vehicle in the Southside Oroville Community Center struck
and destroyed a parking lot light pole fixture. The Hignell Companies, our contracted
property manager for the facility, replaced the light pole fixture and processed the
insurance claim. Now, the insurance provider is unable to direct payment to The Hignell
Companies and has issued a check to the County of Butte in the amount of $17,606 for
the damages. Staff recommends that the County accept the unanticipated funds to allow
General Services to reimburse The Hignell Companies for the claim – action requested -
APPROVE BUDGET ADJUSTMENT (4/5 vote required).
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – MARCH 25, 2014
PAGE 5 March 25, 2014
HUMAN
RESOURCES
3.10* Resolution to Amend the Salary Ordinance - The Department of Human Resources has
prepared a resolution to amend the Salary Ordinance. These changes will increase the
total allocations in the County by two (2) positions. The following are the sections of the
Salary Ordinance to be amended:
Human Resources: The Human Resources Department is requesting to change the title of
the Supervisor, Mental Health Clinician (Class Code 4131) classification to Supervisor,
Behavioral Health Clinician (Class Code 4130 in Section 57, Reference E (Effective
12/21/13-2%) and Section 57, Reference E (Effective 12/20/14-1%) of the Salary
Ordinance titled, BCMEA-Management and Supervisory Unit Classifications. This change
has been agreed to by Human Resources and the applicable Employee Association.
In addition, the department is requesting to add the following classifications to Section
57, Reference I of the Salary Ordinance titled, Professional Employees Unit (PEA):
Psychiatric Nurse, Senior (Class Code 4027; Bi-Weekly Salary: $2,079.57-$2,786.82);
Psychiatric Nurse (Class Code 4028; Bi-Weekly Salary: $1,979.36-$2,652.54); and
Psychiatric Nurse, Associate (Class Code 4029; Bi-Weekly Salary: $1,838.03-$2,463.14).
These classifications are being created to give the Behavioral Health Department greater
success in attracting more nursing applicants with previous experience in the psychiatric
field. These changes have been agreed to by Human Resources and the applicable
Employee Association.
Behavioral Health: The Behavioral Health Department is requesting the following
changes: 1) Concurrent with the Human Resources request above, convert twenty (20)
positions of Supervisor, Mental Health Clinician to Supervisor, Behavioral Health Clinician.
This change in title brings consistency and better reflects the internal structure and
operations in the department; 2) Delete one (1) vacant position of Information Systems
Technician, Senior/Information Systems Technician/Information Systems Technician,
Associate and add one (1) position of Information Systems Analyst, Principal. The position
will support privacy and security requirements within the department due to federal
changes associated with the Health Insurance Portability and Accountability Act (HIPAA);
3) Delete one (1) vacant position of Supervisor, Mental Health Clinician and add one (1)
position of Behavioral Health Clinician III/II/I. The Behavioral Health Clinician position will
provide needed mental health evaluations and treatment; 4) Delete one (1) vacant
position of Certified Nurse Practitioner as the position is no longer needed in the
department; 5) Move one (1) position of Office Specialist, Senior/Office Specialist/Office
Assistant and one (1) position of Information Systems Technician, Senior/Information
Systems Technician/Information Systems Technician, Associate from Budget Unit 541-011
to Budget Unit 541-012. This change was requested during the FY 2013-14 Budget
Schedule A, however due to an administrative oversight the allocations were never
moved.
Any increases in costs associated with the changes above are covered in the Department’s
FY 2013-14 budget. These changes will decrease the total allocations in the department
by one (1) position and have no fiscal impact on the County General Fund.
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – MARCH 25, 2014
PAGE 6 March 25, 2014
Probation: The Probation Department is requesting to add one (1) term position of Crime
Prevention Officer with a term date of December 31, 2014 and add one (1) term position
of Probation Officer III/II/I with a term date of December 31, 2014. Funding for these
positions is covered in the current fiscal year budget from multiple extended leaves of
absence. These changes will increase the total allocations in the department by two (2)
positions and have no additional fiscal impact on the County General Fund.
Development Services: The Development Services Department is requesting to add one
(1) term position of Planner, Assistant with a term date of June 30, 2015 to cover for a
long-term leave of absence. This position is needed for processing current planning
applications, General Plan and Zoning implementation, CEQA review and customer
service. Funding for this position will be covered within the department’s current fiscal
year budget. This change will increase the total allocations in the department by one (1)
position and have no additional fiscal impact on the County General Fund – action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
INFORMATION
SYSTEMS
3.11* Budget Adjustment and Capital Asset Purchase - The Information Systems Department is
currently implementing considerable network upgrades in support of current and future
data technologies. These upgrades are part of the Butte County network modernization
efforts. Because the current logging and diagnostic appliance is aging and no longer meets
the County's needs, Information Systems has selected a Security Information and Event
Management (SIEM) system, which is patented and manufactured by LogRhythm. The
SIEM platform includes network management and forensics to detect data breaches and
sophisticated cyber threats. SIEM offers compliance automation and assurance to support
the County's compliance to Health Information Portability and Accountability Act (HIPAA)
and Health Information for Economic and Clinical Health (HITECH) requirements. The
$70,015 is a 43% discount on the retail price of $122,923. General Services approved a
sole source purchase from LogRhythm – action requested – 1) APPROVE CAPITAL ASSET
PURCHASE; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 vote required).
3.12* Resolution in Recognition of Robert Barnes, Director of Information Systems, Upon his
Retirement – action requested – ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – MARCH 25, 2014
PAGE 7 March 25, 2014
PROBATION 3.13* Specialized Supervision Grant - The Probation Department applied for, was approved, and
would like to accept $300,000 in grant funds offered by the California Governor's Office of
Emergency Services (Cal OES) to fund a Probation Specialized Supervision Program. The
purpose of the program is to enhance or create specialized units within probation
departments to intensively supervise small caseloads of offenders of violent crimes
including domestic violence, sexual assault, dating violence, and stalking. The grant covers
a three year period from October 1, 2013 through September 30, 2016 ($100,000 per year
over three (3) years). The funds will be used by Probation to cover a full time equivalent
Probation Officer position and overtime costs. The officer(s) assigned to the program will
be directly responsible for oversight of high or moderate-high level offenders, based on
their risk assessment. Since the grant period extends through multiple fiscal years,
$75,000 will be utilized in FY 2013-14. Due to a loss of anticipated revenue mid-fiscal year,
Probation has implemented a strategy of delayed hiring of vacant positions in order to
save costs. Accepting and utilizing this grant will help the department backfill lost revenue
and retain current positions – action requested – 1) ACCEPT THE GRANT AWARD OF
$300,000 FOR FISCAL YEARS 2013-14 THROUGH 2016-17; AND 2) AUTHORIZE THE CHIEF
PROBATION OFFICER TO ADMINISTER THE GRANT AND SIGN ALL RELATED DOCUMENTS.
PUBLIC HEALTH 3.14* Solid Waste Enforcement and Appeal Independent Hearing Panel Appointments - Butte
County Code Section 31A established a Solid Waste Enforcement and Appeal Independent
Hearing Panel (Hearing Panel). Although historically there have been very few solid waste
appeals, it is necessary to maintain a viable Hearing Panel in order to meet mandated
time lines when an appeal is filed with the Public Health department. As specified in the
Public Resources Code Section 44308 and Section 18060, Title 14, California Code of
Regulations and Chapter 31A of Butte County Code, the Hearing Panel consists of three
(3) positions with members appointed by the Board of Supervisors. The Panel consists of:
a primary and alternate member of the Butte County Board of Supervisors, a primary and
alternate member who are subject matter experts in solid waste, and a primary and
alternate member representing the public. Members appointed to the Hearing Panel are
restricted by State law to two (2) four year terms. The following new appointments are
necessary to fill the recently vacant Hearing Panel member position: One (1) primary and
one (1) alternate subject matter expert member – action requested - 1) APPOINT JIM
PEREZ AS SUBJECT MATTER EXPERT FOR PRIMARY POSITION TWO FOR A TERM TO END
MARCH 24, 2018; AND 2) APPOINT DOUGLAS DANZ AS SUBJECT MATTER EXPERT FOR
ALTERNATE POSITION TWO FOR A TERM TO END MARCH 24, 2018.
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – MARCH 25, 2014
PAGE 8 March 25, 2014
PUBLIC WORKS
3.15* 2014 Slurry Seal Project on Various Roads in the Thermalito and Oroville Areas - The
Public Works Department is planning its Summer 2014 cape seal project of various roads
in the Thermalito and Oroville areas. Cape seals are a combination of a chip seal plus a
slurry seal. Public Works crews will place the initial 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. The department is requesting authorization to bid this
slurry seal work. After bids are received, the department will return to the Board with a
recommendation to award the project. The County received $10.5 million of Prop 1B
funds in 2006, and the department has been working on various road projects between
2007 and 2013 with these funds. As a result of reduced funds from Prop 1B, the
department is also reducing the roads where it can place the more expensive cape seals
to those urban type residential roads with curb, gutter and sidewalk. The roads proposed
in staff report all have curb, gutter and sidewalk except for Grand Avenue which is the
major arterial road in the Thermalito area. All other roads in the Thermalito area that
were not re-surfaced in 2013 will receive a chip seal this summer - action requested -
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS FOR THE SLURRY
SEAL WORK FOR VARIOUS ROADS IN THE THERMALITO AND OROVILLE AREAS.
WATER AND
RESOURCE
CONSERVATION
3.16* Water Advisory Committee (WAC) Appointment - Municipal Paradise At-Large - The Basin
Management Objective ordinance (Chapter 33A of the Butte County Code) has provisions
regarding the membership of the WAC and how its members are appointed. The
ordinance states that the WAC shall be appointed by the Board of Supervisors and be
comprised of area-specific members, with one member appointed from each defined sub-
inventory unit within the Sacramento Valley Groundwater Basin portion of the County;
one at-large member from each of the five incorporated municipalities; one at-large
member for each of the organized watershed groups; one at-large member from the
environmental community; and one from the agricultural community. The Town of
Paradise is one of the five municipalities listed in the ordinance. Council member Jody
Jones was appointed by the Paradise Town Council on February 11, 2014 to replace
Council member John J. Rawlings as the Town representative on the WAC. The term will
end December 31, 2016 – action requested - APPOINT JODY JONES AS THE PARADISE AT-
LARGE REPRESENTATIVE.
OTHER
DEPARTMENTS
AND AGENCIES
3.17* Requests for Reappointments to the Butte County Housing Authority Board – request to
reappoint Sharon Chambers and Patricia Besser as Tenant Commissioners to terms ending
April 11, 2016 - action requested – MAKE APPOINTMENTS.
3.18* Resolution Recognizing April 2014 as Child Abuse Prevention Month in Butte County –
action requested – ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
4.00 REGULAR AGENDA
4.01* Boards, Commissions and Committees
1. Appointments to Listed Vacancies
2. Board Member/Committee Reports and Board Member Comments
(Pursuant to CA State law, the Board is prohibited from taking action on any item not listed on the
agenda.)
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – MARCH 25, 2014
PAGE 9 March 25, 2014
4.02* Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
1. Letter to the California Public Utilities Commission Regarding California Water Service
Company Rate Increases – action requested – APPROVE LETTER AND AUTHORIZE THE
CHAIR TO SIGN.
4.03 Items Removed from the Consent Agenda for Board Consideration and Action.
4.04* Butte County Sheriff-Coroner Vacancy - The Butte County Sheriff-Coroner, Jerry W. Smith,
has announced his retirement effective May 24, 2014. His last day of work will be May 23,
2014. Since Sheriff Smith's elected term runs through the first Monday following January
1, 2015, staff requests Board discussion and direction on filling the vacancy. Appointment
of a qualified individual to this elected office is authorized under Government Code
Section 25304, which states "The Board of Supervisors shall fill by appointment all
vacancies that occur in any office filled by the appointment of the Board and elective
County officers, except judge of the superior court and supervisors." Board options
include accepting the recommendation of the Sheriff-Coroner and appointing Kory Honea,
Undersheriff; appointing another qualified individual; or requesting that Human
Resources conduct a recruitment for qualified candidates to fill the vacancy - action
requested - APPOINT KORY HONEA AS BUTTE COUNTY SHERIFF-CORONER EFFECTIVE MAY
24, 2014, UPON THE OFFICE BEING VACATED BY SHERIFF JERRY W. SMITH.
(Administration)
4.05* Medical Marijuana Cultivation Legislative Activity - Medical marijuana cultivation issues
continue to be a matter of significance, not only to Butte County, but to other local
jurisdictions struggling to manage local regulation and the associated negative impacts. In
response to this, increased legislative activity is occurring and is expected to continue
until a stronger and more clearly defined set of regulations relating to medical marijuana
is established. Board direction is being sought regarding the County's position on current
proposals and how the Board wishes to deal with these issues in the future. Specifically,
Board action/direction is being requested on the following items: 1) Rural County
Representatives of California (RCRC) 2013-2014 Policy Principles and Legislative Priorities
Proposed Amendments Relating to Medical Marijuana Cultivation; 2) Position of
Opposition to SB 1262 - Medical marijuana: regulation of physicians, dispensaries and
cultivation sites; and 3) State Legislative Activities - Direction Regarding Butte County's
Participation in Supporting or Opposing Medical Marijuana Legislation – actions
requested – 1) AUTHORIZE SUPERVISOR TEETER, AS BUTTE COUNTY REPRESENTATIVE TO
RCRC, TO COMMUNICATE BUTTE COUNTY'S SUPPORT OF THE PROPOSED POLICY
PRINCIPLES AND PROVIDE ADDITIONAL DIRECTION AS NEEDED; AND 2) APPROVE A
POSITION OF OPPOSITION TO SB 1262 AND AUTHORIZE STAFF TO COMMUNICATE THE
COUNTY'S POSITION TO OUR LEGISLATIVE LOBBYIST; AND 3) PROVIDE STAFF DIRECTION
ON THE MANNER IN WHICH THE BOARD WOULD LIKE TO CONSIDER FUTURE REQUESTS
FOR SUPPORT OR OPPOSITION OF LEGISLATION RELATING TO MEDICAL MARIJUANA.
(Administration)
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – MARCH 25, 2014
PAGE 10 March 25, 2014
5.00 PUBLIC HEARINGS AND TIMED ITEMS
9:35 A.M. 5.01* Public Hearing – Introduction of an Ordinance Repealing and Replacing Article I, Entitled
“Grading,” of Chapter 13, Entitled “Grading And Mining,” of the Butte County Code - At the
December 10, 2013 Board meeting, Public Works staff presented draft changes to the
County grading code for review. Based on that review the Board directed staff to: 1)
maintain 50 cubic yards (CY) as the lower limit for the requirement of obtaining a grading
permit; 2) eliminate double counting when calculating grading quantities on a parcel; 3)
eliminate the Determination of Exemption process in favor of establishment of a
ministerial permit process; 4) redefine the discretionary permit requirements by
establishing additional criteria that would necessitate such a permit. Those criteria
included: grading over 1,000 CY; in a designated Flood Plain; near riparian areas; in areas
of the County that are susceptible to landslides; and in areas of the County that have high
erosion potential; 5) establish criteria when the grading plan needs to be prepared by a
licensed civil engineer and when it does not; 6) establish how discretionary permits are
issued by either the Zoning Administrator or the Planning Commission; and 7) establish
time limits for how long a permit is valid. The Butte County Department of Development
Services has reviewed the proposed new code and has determined that it is exempt from
CEQA review – action requested – 1) WAIVE THE FIRST READING OF THE ORDINANCE; AND
2) ADOPT THE RESOLUTION AMENDING THE BUTTE COUNTY MASTER FEE SCHEDULE WITH
RECOMMENDED FEE ADJUSTMENTS TO BE EFFECTIVE ON THE DATE THE PROPOSED
ORDINANCE BECOMES EFFECTIVE. (Public Works)
9:50 A.M. 5.02* Public Hearing - Draft Housing Element Update - It is requested that the Butte County
Board of Supervisors hold a public hearing regarding an update to the Housing Element of
the Butte County General Plan. The public is encouraged to attend the public hearing and
provide comment. All parties and agencies interested in Housing Policy are also
encouraged to attend and provide comment. County staff and consultants will provide an
overview of State Housing Element requirements and the process for amending the
Housing Element. Consultants will then make a presentation concerning the various
technical aspects involved in the update, including related amendments to the Land Use
Element of the General Plan pursuant to State law. The Board of Supervisors is requested
to review a draft Housing Needs Assessment and a Preliminary Draft Housing Element
Update. These documents are available for review via the Development Services website,
www.buttecounty.net/dds. The Board of Supervisors is also requested to review input
from the Housing Element Public Workshop held on February 5, 2014. After this hearing,
the Draft Housing Element Update shall be submitted to the State Department of Housing
and Community Development for a 60-day review in compliance with State law. Upon
completion of this review period, the Planning Commission and the Board of Supervisors
will hold additional hearings to adopt the new Housing Element and related amendments
to the Land Use Element – action requested - DIRECT STAFF TO TRANSMIT THE DRAFT
HOUSING ELEMENT’S HOUSING NEEDS ASSESSMENT AND DRAFT HOUSING POLICY
DOCUMENT TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR A 60-DAY REVIEW PERIOD, PURSUANT TO STATE LAW. (Development
Services)
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – MARCH 25, 2014
PAGE 11 March 25, 2014
10:05 A.M. 5.03* Timed Item - Draft Agriculture Mitigation Ordinance Study Session - It is requested that the
Board of Supervisors review the development of the Draft Agriculture Mitigation
Ordinance, summarized below and give direction to staff. The Draft Agriculture Mitigation
Ordinance (AMO) has been developed to implement Butte County General Plan Policy AG-
A2.1, which directs that this ordinance be prepared to permanently protect agricultural
land of equal or greater value in place of land that is re-designated from agriculture to a
non-agricultural general plan designation. The AMO is to be included under Butte County
Code Chapter 35-Protection of Agricultural Land, Article II. The ordinance establishes
provisions for agricultural conservation easements as a means of mitigating loss of
agricultural land through such re-designation based upon a 2:1 ratio of the amount of land
that must be placed under easement to the amount of agricultural land re-designated to a
non-agricultural designation. The ordinance sets standards for where the AMO applies;
activities that are or are not subject to the AMO; additional sections devoted to
definitions; mitigation requirements, methods of mitigation including direct acquisition of
land conservation easements, in-lieu fees, and mitigation credit banking; eligible lands that
qualify for agricultural conservation easements; process for final approval; agricultural
conservation easement requirements; administration, monitoring, and reporting; stacking
of conservation easements; and agricultural conservation easements on lands subject to a
Williamson Act Contract – action requested - PROVIDE DIRECTION TO STAFF ON THE FIVE
MAIN TOPIC AREAS RELATING TO THE DRAFT AGRICULTURE MITIGATION ORDINANCE.
(Development Services)
6.00 PUBLIC COMMENT (each speaker limited to five minutes)
Comments to the Board on issues and items not listed on the agenda. Presentations will be
limited to five minutes. Please note that pursuant to California state law, the Board of
Supervisors is prohibited from taking action on any item not listed on the agenda.
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – MARCH 25, 2014
PAGE 12 March 25, 2014
7.00 CLOSED SESSION
7.01 PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT/GOALS PURSUANT TO
GOVERNMENT CODE SECTION 54957: BEHAVIORAL HEALTH DIRECTOR.
7.02 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION
54957.6:
LABOR NEGOTIATORS: JACK HUGHES & BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA;
DSA - MANAGEMENT/SUPERVISORY UNIT;
DSA- GENERAL UNIT;
BCCOA - SUPERVISORY UNIT;
BCCOA - GENERAL UNIT;
CONFIDENTIAL UNIT;
PPOA - MANAGEMENT UNIT;
NON-REPRESENTED UNIT
7.03 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) – 1 CASE:
WALNUT HILL ESTATE ENTERPRISES v. COUNTY OF BUTTE, ET AL. US DISTRICT COURT –
EASTERN DISTRICT, CASE NO. 14-00640
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – MARCH 25, 2014
PAGE 13 March 25, 2014
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meeting Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m.
and are held in the Board of Supervisors Chambers, County Administration Building, 25 County Center
Drive, Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year.
Meeting dates can be changed as a result of holidays or other events so please check the meeting
calendar to be certain. Copies of the adopted meeting calendar for the year are available in the County
Administrative Office or at the Clerk of the Board website at www.buttecounty.net/cob.
Agenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at
least 72 hours before each meeting, and is available by mail subscription, e-mail subscription, or at the
Clerk of the Board website. A copy of the agenda and supporting materials provided to the Board of
Supervisors members to explain each agenda item (excluding documents that are not a public record
within the meaning of the Public Records Act) are available for your review at the County Administrative
Office, the Chico, Oroville, and Paradise libraries (please do not remove items from these files), and at
the Clerk of the Board website. Copies of supporting materials can be made for you at a charge to cover
costs. The list of communications included with the agenda packages is not comprehensive. Additional
communications to the Board of Supervisors may have been received but not included in the agenda
supporting material. Copies of all communications received by the Board of Supervisors (excluding
documents that are not a public record within the meaning of the Public Records Act) are available at the
Administrative Office upon request. An (*) appearing before an agenda item signifies that material has
been provided to the Board of Supervisors members to explain that item.
Agenda Format and
Meeting Order:
The agenda is usually organized into the following areas and meetings generally proceed in the following
order:
1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of
the Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card
(located in the back of the board room) and give it to the Clerk of the Board (sitting to the right of the
Board) or, when the Chair asks if there is anything anyone would like to remove from the Consent
Agenda, stand and approach the podium and request the item be removed. The removed items are
discussed at the end of the Regular Agenda.
2. Regular Agenda: this is where presentations to the Board and items that require full discussion are
heard. Items removed from the Consent Agenda are discussed under this section.
3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public
hearing are set. This is the section where appeals before the Board are usually discussed. Hearings may
start after the time listed, but will never start before the time listed.
4. Public Comment: this is the area of the agenda where members of the audience may address the Board
on any matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed
on the agenda, but may respond to statements or questions and provide staff direction.
5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances.
This area of the agenda identifies those items that will be discussed during the closed session.
Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to
allow members of the public the opportunity to comment on all matters before the Board. Public
participation is limited to matters within the subject matter jurisdiction of the Board pursuant to
Government Code Section 54954.3. The Board has adopted policy and procedures to facilitate the
meeting process and conduct. A complete listing of these policies and procedures can be found in the
printed booklet agenda, obtained at the County Administrative Office, or viewed at the Clerk of the Board
website.
The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals
with special needs should call the Clerk of the Board at 530-538-7631, Monday through Friday, 8:00 a.m.
to 5:00 p.m. to request disability-related modifications/accommodations or to request materials in
alternate formats. All requests for special accommodations and/or alternative format documents must be
made 48 hours prior to the meeting.
For further information contact the:
Clerk of the Board of Supervisors
County Administrative Office
25 County Center Drive, Suite 200, Oroville, CA 95965
530-538-7631
www.buttecounty.net/cob