HomeMy WebLinkAboutA082812BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
August 28, 2012
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County Supervisors
Bill Connelly, District 1
Larry Wahl, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Kim Yamaguchi, District 5
Paul Hahn, Chief Administrative Officer Bruce S. Alpert, County Counsel
and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS
Butte County Department Heads
AGENDA -AUGUST 28, 2012
Agricultural Commissioner Richard Price
Assessor* Fred Holland
Auditor-Controller* Dave Houser
Behavioral Health Director Anne Robin
Chief Administrative Officer Paul Hahn
Chief Probation Officer Steve Bordin
Child Support Services Director Sharon A. Stone
Clerk-Recorder-Registrar of Voters* Candace Grubbs
County Counsel Bruce S. Alpert
Development Services Director Tim Snellings
District Attorney* Mike Ramsey
Employment and Social Services Director Cathi Grams
Farm, Home & 4-H Advisory Joseph Connell
Fire Chief George Morris
General Services Director Grant Hunsicker
Human Resources Director Brian Ring
Information Systems Director Robert Barnes
Library Director, Interim Melanie Lightbody
Public Health Director Phyllis Murdock
Public Works Director Mike Crump
Sheriff-Coroner* Jerry Smith
Treasurer-Tax Collector* C. Linda Barnes
Water and Resource Conservation Paul H. Gosselin
* Elected Official
PAGE 1 August 28, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
9:00 A.M. 1.00 CALL TO ORDER
AGENDA -AUGUST 28, 2012
1.01 Call to Order -Board of Supervisors Room, County Administration Building, 25 County
Center Drive, Oroville.
1.02 Pledge of Allegiance to the Flag of the United States of America.
1.03 Observation of a Moment of Silence.
2.00 CORRECTIONS AND~OR CHANGES TO THE AGENDA.
3.00 CONSENT AGENDA
AssessoR 3.01* Relief of Accountability -Approval is requested for relief of accountability for one server
which was transferred to surplus without completing the necessary paperwork. The
server was sent to Computers for the Classroom by General Services and subsequently
dismantled. The server did not contain any data. The District Attorney's Office has
investigated the loss -action requested -APPROVE RELIEF OF ACCOUNTABILITY.
BEHAVIORAL 3.02* Butte County Department of Employment and Social Services (DESS) -The Department of
HEALTH Behavioral Health (BCDBH) and DESS provide supportive services to children and their
families who are affected by methamphetamine use. This collaborative effort is called the
Family Enrichment and Support Team Project. BCDBH requests approval to amend the
Memorandum of Understanding (MOU) with DESS to increase the fiscal year (FY) 2012-13
funding amount for the Family Enrichment and Support Team Project. The term of the
MOU remains September 30, 2010 through June 30, 2014. The maximum financial
obligation under this MOU shall not exceed $518,754, broken down as follows: $110,401
for FY 2010-11; $132,397 for FY 2011-12; $137,978 for FY 2012-13 (an increase of
$9,978); and $137,978 for FY 2013-14 -action requested -APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.03* LocumTenens.Com, LLC -LocumTenens is a physician recruiting agency that provides
psychiatrists for placement at commercial and government facilities on a short-term
basis. Due to the shortage of psychiatrists, BCDBH would like to enter into an agreement
with LocumTenens to supply a psychiatrist to work at Chico Adult Outpatient or other
BCDBH sites as needed. BCDBH requests approval to enter into an agreement to cover
service hours. The term of the agreement will begin upon date of execution and will
terminate on June 30, 2013. The maximum financial obligation under this agreement shall
not exceed $159,440 (department budget utilizing state and federal Medi-cal) -action
requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 2 August 28, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 28, 2012
3.04* Superior Court of California, County of Butte -Superior Court of California 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 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. Approval is requested for a revenue agreement with the
Superior Court of California which will fund the equivalent of .41 FTE Behavioral Health
Counselor for services for the clients involved in the Treatment Court Program. For the
performance of these services Superior Court agrees to pay BCDBH up to a maximum
compensation of $27,516. The term of this MOU is July 1, 2011 through August 31, 2012.
This revenue agreement was received late from the Superior Court of Butte County due to
delays caused by the Administrative Office of the Courts' approval of the Collaborative
Justice Court Substance Abuse Focus Grant -action requested -APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
CHIEF 3.05* Employment Agreement -Tim Snellin~s, Director of Development Services -request for
ADMINISTRATIVE the approval of the employment agreement with Tim Snellings, Director of Development
OFFICE Services. The term of the agreement is October 31, 2012, through October 30, 2015.
There is no increase in salary amount -action requested -APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
CLERK- 3.06* Yuba County Board Of Education Request for Consolidation of Special Election on
RECORDER November 6, 2012 - On August 13, 2012, the Yuba County Clerk-Recorder submitted a
REGISTRAR OF letter and resolution from the Yuba County Office of Education to the Butte County Clerk-
VOTERS Recorder ordering an election to be held on November 6, 2012 for the Yuba County Board
of Education. Avery small portion of one trustee area is within Butte County. The
purpose of this election is to submit a measure to the electors of the Yuba County Board
of Education proposing a reduction in the number of governing board members.
California law allows the Butte County Board of Supervisors to consolidate this election
with the statewide general election ballot to be held on November 6, 2012. The Butte
County Clerk-Recorder will perform all duties necessary to conduct this election, and will
submit an invoice to the Yuba County Board of Education seeking reimbursement for all
costs incurred -action requested -APPROVE CONSOLIDATION.
PAGE 3 August 28, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 28, 2012
DEVELOPMENT 3.07* C.F. Koehnen and Sons Orchards (LCA11-0008) -This item consists of the rescission of an
SERVICES existing Williamson Act contract, and simultaneous entry into an updated contract
affecting the same property. On September 12, 2011 the Land Conservation (Williamson)
Act Advisory Committee reviewed Waiver of Parcel Map application WAV11-0001 (C. F.
Koehnen and Sons) and recommended this application to the Board of Supervisors as
compatible with the Butte County Williamson Act program, subject to: 1) imposition of
residential buffers consistent with County policy; and 2) rescission of the existing contract
(Donald McRae/1978); and 3) execution of a new contract for the subject parcels
consistent with a 20-acre minimum parcel size and the County Williamson Act program.
On November 22, 2011, the Board of Supervisors determined that the proposed parcels
are consistent with the County's Williamson Act program, subject to approval of the
Waiver of Parcel Map by the Planning Commission, and subject to the Williamson Act
contract rescission and establishment of a new contract as recommended by the
Williamson Act Advisory Committee. On January 26, 2012, the Planning Commission
approved the Waiver of Parcel Map, subject to finalization of the amended Williamson
Act contract. The property owner has recently completed the application for the
Williamson Act contract rescission and new contract. Staff and the Williamson Act
Advisory Committee recommend the rescission of Williamson Act contract and new
contract (LCA11-0008 - C.F. Koehnen and Sons) as compatible with the County's
Williamson Act program, the Planning Commission approval of WAV11-0001, and the
Board's previous determination that WAV11-0001, the contract rescission, and new
contract are compatible with the Butte County Williamson Act program -action
requested -APPROVE THE RESCISSION OF THE EXISTING WILLIAMSON ACT CONTRACT
AND APPROVE THE NEW CONTRACT AND AUTHORIZE THE CHAIR TO SIGN.
DISTRICT 3.08* Real Estate Fraud ProEram Report for FY 2011-012 -Pursuant to Government Code
ATTORNEY §27388, the District Attorney is to file an annual report with the Board of Supervisors and
the State Legislative Analyst's Office regarding the effectiveness of the Real Estate Fraud
Investigation and Prosecution Program -action requested -ACCEPT FOR INFORMATION.
GENERAL 3.09* Oroville Government Center Campus Master Plan -Developing the design of the Oroville
SERVICES Government Center Campus has been a part of the Capital Improvement Program since
2007. The Board approved a contract with LPA, Inc., on May 24, 2011, to get the project
started. The resulting conceptual plans and design guidelines were reviewed by the Board
on June 12, 2012, and staff recommends that the Board adopt the Plan which will be used
as a guide in managing the changing facilities needs of the County in the future -action
requested -ADOPT THE OROVILLE GOVERNMENTCENTER CAMPUS MASTER PLAN.
3.10* Surplus Vehicle and Equipment Auction - Section 12.3.3 of the Butte County
Contracts/Purchasing Policy and Procedure Manual for vehicles and Section 12.4 for
capital assets other than vehicles, requires the Board of Supervisors to declare such items
surplus prior to their disposal via auction by Purchasing. The schedule provided in the
staff report contains sixteen vehicles and other capital equipment that are no longer
serviceable and are no longer needed by various County operating departments. Staff is
requesting the Board declare the listed items as surplus and authorize staff to auction the
items on-line -action requested -DECLARE LISTED VEHICLES AND OTHER CAPITAL ASSETS
SURPLUS AND AUTHORIZE THE PURCHASING AGENT TO AUCTION LISTED ITEMS.
PAGE 4 August 28, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 28, 2012
HUMAN 3.11* Resolution to Amend The Salary Ordinance -The Department of Human Resources has
RESOURCES prepared a resolution to amend the Salary Ordinance for the following departments:
Behavioral Health, Public Health, Administration/Risk Management, Probation and
Human Resources. These changes will increase the total allocations in the County by 0.5
full-time equivalents (a 50% position).
Human Resources: The department requests to add the classification of Legal Office
Specialist, Senior to Section 57c, "BCEA-General Unit" of the Salary Ordinance. The salary
range for this classification will be set at Range 30. This classification is being added to
provide a senior level opportunity within the Legal Office Specialist series and to bring the
series in line with other clerical classifications.
Behavioral Health: The department is requesting to add one (1) position of Supervisor,
Mental Health Clinician and delete one (1) position of Mental Health Clinician II/I. This
change will allow for a smaller span of supervision for the Oroville Adult Clinic and help
increase clinical and administrative supervision.
Additionally, the department is requesting to add one (1) position of Staff Nurse,
Senior/Staff Nurse/Staff Nurse, Associate/Licensed Vocational Nurse/Psychiatric
Technician, Senior/Psychiatric Technician and delete one (1) position of Mental Health
Clinician II/I. The Staff Nurse positions are historically difficult to fill, however, the current
recruitment list has many qualified candidates on it. This change will allow the
department to hire a qualified candidate off of the current Staff Nurse recruitment list.
In addition, the department is requesting to increase a fifty percent (50%) Medical
Director position to a full time (100%) position and delete one (1) position of Psychiatrist.
In the FY 2012-13 budget, the department budgeted for a split Medical
Director/Psychiatrist (50%/50%) allocation. After further analysis by the department and
Human Resources, it was determined that due to some constraints related to pay range
and benefit calculation, it would be an acceptable solution to fill a single Medical Director
position and delete the Psychiatrist position.
These changes will have no fiscal impact on the County General Fund and will decrease
the total allocations in the department by a fifty percent (50%) position.
Public Health: The department is requesting to delete one (1) position of Public Health
Nurse, Senior/Public Health Nurse/Public Health Nurse, Associate/Staff Nurse,
Senior/Staff Nurse/Staff Nurse, Associate and add one (1) position of Clinic Manager. Due
to retirements in the department and the resulting vacancies, the current Public Health
Nurse that oversaw the clinic has now returned to a regular nursing position. This creates
the need for the department to fill the vacated assignment with a Clinic Manager. This
change will have no fiscal impact on the County General Fund and will leave the total
allocations in the department unchanged.
PAGE 5 August 28, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 28, 2012
Probation: Concurrent with Human Resources request above, the department is
requesting to flexibly staff four (4) Legal Office Specialist positions to Legal Office
Specialist, Senior/Legal Office Specialist. This change will allow the department flexibility
when recruiting and help meet their current and future needs. This change will increase
costs in the department by $9,062 for the fiscal year. This increase in costs will be covered
within the department's current budget. This change will leave the total allocations in the
department unchanged.
Administration/Risk Management: The Administration department is requesting to add
one (1) term position of Risk Management Analyst, Senior/Risk Management Analyst with
a term date of June 30, 2013. This position is being added to backfill for along-term
extended absence. This change will increase the total allocations in the department by
one (1) position and have no impact on the General Fund -action requested -ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
PROBATION 3.12* Budget Adiustment -The Probation Department received a grant award (accepted by the
Board of Supervisors on June 22, 2010) from the California Emergency Management
Agency (Cal EMA), which administers the Federal Edward Byrne Memorial Block Grant
Program. The original award period ran from March 1, 2010 through February 28, 2012,
with an award total of $336,123. In December, 2011, the award period was extended
through September 30, 2012. The funds are used for overtime costs associated with law
enforcement staff involved with the Butte Interagency Narcotics Task Force (BINTF).
$293,568 of the grant award total has been expended through the end of the original
award period of February 28, 2012, with $42,555 left to expend by September 30, 2012.
$10,000 of anticipated leftover was appropriated into Probation's budget via Schedule A
during the final budget process for FY 2012-13. Therefore, $32,555 is required to
appropriate and make the project whole. An MOU with the participating agencies that
distributes the remaining funding is included in the staff report -action requested -
APPROVE BUDGET ADJUSTMENT (4/5 vote required); AND APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
PUBLIC WORKS 3.13* Capital Asset Purchase and Budget Adiustment -Public Works utilizes various dump trucks
to spread road materials for ongoing road maintenance. Dump truck vehicle #135 has
recently become too costly to repair and needs to be replaced. Public Works is
requesting approval to purchase a similar dump truck at an estimated cost of $60,000 -
action requested - APPROVE CAPITAL ASSET PURCHASE AND RELATED BUDGET
ADJUSTMENT (4/5 vote required).
3.14* Budget Adiustment for Countv Service Area (CSAI 24 -Chico Mud Creek Drainage - On
June 26, 2012, the Board approved an agreement with Lumos and Associates for the re-
certification of the non-urban levees along Mud Creek. Since the budget authority from
the prior fiscal year no longer carries over to the new fiscal year with the change in the
County's encumbrance process, a budget adjustment in the amount of $98,000 is
requested to pay Lumos and Associates for work provided in the current fiscal year.
Funds are available in the CSA 24 fund balance. There is no impact to the General Fund -
action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote required).
PAGE 6 August 28, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 28, 2012
3.15* BudEet Adjustment for County Service Area (CSA) 14 -Chapman NeiEhborhood LiEhtinE -
Community members within CSA 14, in the Chapman area of Chico, have requested that
17 new streetlights be installed on existing PG&E poles. Public Works has determined that
the new lights should be LED instead of sodium vapor lights. Public Works also
recommends that all the mast arms for each new light be six feet long instead of PG&E's
standard length of thirty inches in order to extend the lights over the roadway. The Board
of Supervisors approved this project at the June 12, 2012 meeting. The total cost of
installing new streetlights is $10,787.32 and will be paid from the CSA 14 fund balance.
The cost to convert 33 existing sodium vapor lights to LED and convert 31 mast arms from
thirty inches to six foot is still being negotiated and will be brought back to the Board at a
later date -action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote required).
SHERIFF- 3.16* Police Canine Donation -The Sheriff's Office maintains a patrol dog team of five working
CORONER dogs. In the past year, two dogs were retired due to age and one dog is a bomb detection
dog only. The Sheriff's Posse received cash donations to purchase a patrol canine for use
on the Sheriff's K-9 team. The Sheriff's Office would like to accept the donated dog and
requests the Board of Supervisor recognize the generous donations of: Recology, Bobby
and Darroll Meyer and Norfield Industries of Chico and many other donors. The total cost
to purchase the patrol dog is $7,000. The dog purchased is named Kaya, a Belgium
Malinois - action requested - ACCEPT DONATION AND AUTHORIZE LETTERS OF
APPRECIATION.
TREASURER 3.17* Treasurer's Investment Report -The Treasurer-Tax Collector submits the Monthly
TAX COLLECTOR Investment Report for July 31, 2012, in accordance with the Butte County Statement of
Investment Policy dated July 1, 2012 -action requested -ACCEPT FOR INFORMATION.
WATER AND 3.18* Resolution in Support of the North State Water Alliance Principles - On April 27, 2012 the
RESOURCE North State Water Alliance (Alliance) submitted a request to the Butte County Board of
CONSERVATION Supervisors to consider adopting a resolution to support the Alliance and endorse its
principles. The Butte County Water Commission discussed the issue, and on August 1,
2012, voted 4-1 to recommend that the Board of Supervisors adopt a resolution
supporting the principles of the Alliance. The Water Commission specifically limited its
recommendation to supporting the Alliance principles. The Alliance was formed through a
partnership of northern California cities, counties, water providers, business, and
community groups. Butte County is indirectly a member of the Alliance through its
membership in the Northern California Water Association (NCWA). NCWA is a founding
partner of the Alliance. The resolution will state the County's support for the Alliance's
principles. The Alliance principles are consistent with the positions taken by Butte County
on Delta water issues. The resolution would provide a message of regional unity
regarding the protection of area of origin rights, preventing redirected impacts,
participation and sound science. Adoption of the resolution will not commit the County
to any financial support to the Alliance nor have the County formally join the Alliance -
action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 7 August 28, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 28, 2012
3.19* Technical Advisory Committee (TAC) Appointment -The Groundwater Conservation
ordinance (Chapter 33 of the Butte County Code) has provisions regarding the
membership of the TAC and how its members are appointed. The ordinance defines the
TAC as aseven-person committee nominated by the Butte County Water Commission and
appointed by the Board of Supervisors. TAC members must have substantial expertise in
water management or hydrology. A vacancy on the TAC resulted from the resignation of
one of its members, Ed Craddock. On August 1, 2012, the Butte County Water
Commission voted unanimously to recommend that the Board of Supervisors appoint Ian
Pietz to the TAC -action requested -MAKE APPOINTMENT.
3.20* Water Advisory Committee (WAC) Appointment- BiEEs-West Gridley Sub-inventory Unit -
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 (SIU) within the Sacramento Valley Groundwater Basin portion of the
County. Biggs-West Gridley is one of the 16 sub-inventory units defined in the Butte
County Inventory and Analysis Report (March 2001) and listed in the ordinance. To be
considered for appointment, candidates must reside, own property or have their principle
place of business within the SIU which they would represent, be willing to serve in a
voluntary capacity, and be nominated by the citizens of the SIU. The representative on
the WAC for the Biggs-West Gridley SIU is vacant. On August 1, 2012, the Butte County
Water Commission voted unanimously to recommend that the Board of Supervisors
appoint Eugene Massa, Jr. to the WAC as the Biggs-West Gridley SIU representative -
action requested -MAKE APPOINTMENT.
4.00 REGULAR AGENDA
4.01* Boards. Commissions and Committees
1. Appointments to Listed Vacancies
2. Board Member or Committee Reports
4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
4.03 Items Removed from the Consent Agenda for Board Consideration and Action.
PAGE 8
August 28, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 28, 2012
4.04* Request for County Use Permit Fee Waiver -Handi-Riders of Northern California - Handi-
Riders of Northern California, anon-profit 501(c)(3) organization, has requested that the
Board of Supervisors waive all County fees associated with the relocation of its Therapeutic
Riding Center. The estimate of total County project and permit fees is up to $11,816.40.
Handi-Riders will be filing an application for a Use Permit to relocate its facility to Wade
Arena located at 1391 Clark Road (APN 041-150-049). As part of this process, a review of
the project's compatibility with the requirements of the Williamson Act contract on the
property will be required. Handi-Riders has proposed to locate a modular office on the
Clark Road property in the future. The relocation from the its existing operation on Flag
Creek (APN 041-140-072) occurred due to the economic downturn and changes in lease
terms, which would have negatively impacted its future program growth. Butte County
Code section 1-18 allows the Board of Supervisors to waive fees under certain
circumstances. As stated in code: "All or part of any fee specified in this article may be
waived, refunded or transferred to a related application upon order of the Board of
Supervisors, if the applicant is a public entity or non-profit charitable organization..." The
Board previously waived the use permit, building permit and impact fees associated with
their previous use permit (UP 05-06) -action requested -
1. FIND THAT IT IS IN THE PUBLIC INTEREST AND APPROVE THE REQUESTED WAIVER
OF FEES;
-OR-
2. DENY THE REQUESTED WAIVER OF FEES. (Development Services)
S.OO PUBLIC HEARINGS AND TIMED ITEMS
9:30 A.M. 5.01* Timed Item -UnitedHealthcare -Recently, UnitedHeathcare announced the creation of 115
new jobs at its Chico location. UnitedHealthcare (www.unitedhealthgroup.com)
established their Chico Operations Center in 1998. The center provides customer support
for people who are enrolled in UnitedHeathcare's health benefit plans across the country.
Supervisor Wahl attended the event announcing the company's expansion in July 2012 and
requested to have UnitedHealthcare share the information with the entire Board of
Supervisors and the public. Staff from UnitedHealthcare will provide a presentation with
general information on the company, as well as specific information on its recent
employment expansion -action requested -ACCEPT FOR INFORMATION. (Administration
on behalf of Supervisor Wahl)
PAGE 9 August 28, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -AUGUST 28, 2012
10:OOA.M. 5.02* Timed Item - StrateEic Plan -Neal Road RecyclinE and Waste Facility (NRRWF) -Effective
management of the County's NRRWF and waste management programs requires long-
term planning including a strategy for funding capital projects and heavy equipment
purchases. Butte County's waste management programs and the NRRWF are funded by
the NRRWF, primarily through NRRWF gate fees. There is no County General Fund
contribution. Staff has developed a proposed Strategic Plan for NRRWF which includes an
analysis of the impact of large capital projects and equipment replacement on the NRRWF
Enterprise Fund balance and potential options for developing a sustainable revenue model
to ensure that an adequate fund balance is maintained to provide for day-to-day
operations of the facility, financial assurance for closure and post-closure maintenance,
household hazardous waste collection disposal, and other County obligations under local,
state and federal law. Staff will present short, mid and long-term objectives, issues and
challenges, and opportunities for increasing revenue required to fund capital projects and
heavy equipment replacement -action requested -ACCEPT FOR INFORMATION AND
PROVIDE DIRECTION TO STAFF. (Public Works)
1:00 P.M. 5.03* Timed Item -Introduction of County Medical Marijuana Cultivation Ordinance - At its
meeting of June 12, 2012, the Board was informed that the County's medical marijuana
cultivation ordinance (Ordinance No. 4029) was defeated by referendum at the June 5
election. In response to this information, the Board directed staff to prepare a report on
the possible options the Board could consider in response to the ordinance's defeat. At
the meeting of July 31, 2012, staff presented a Medical Marijuana Cultivation Ordinance
Options Report to the Board. Following presentation of that report, the Board directed
staff to develop a new medical marijuana cultivation ordinance based on the ordinance
adopted in Kings County. Submitted is a proposed ordinance regulating medical marijuana
cultivation consistent with State law to protect public health, safety and welfare which
allows only indoor cultivation of medical marijuana. The draft ordinance also proposes
that any cultivation of medical marijuana in violation of its provisions could be declared a
misdemeanor and/or a public nuisance, and could be abated in accordance with the
procedures set forth in the proposed ordinance. The draft ordinance specifically provides
that it does not supplant any existing legal remedies for illegal marijuana cultivation, nor is
it intended to interfere with existing authority of the Butte County Sheriff or District
Attorney -action requested - 1) RECEIVE VERBAL AND WRITTEN COMMENT REGARDING
THE PROPOSED ORDINANCE; AND 2) WAIVE THE FIRST READING OF THE PROPOSED
ORDINANCE. (County Counsel)
6.00 PUBLIC COMMENT (each speaker limited to five minutes)
Comments to the Board on issues and items not listed on the agenda. Presentations will be
limited to five minutes. Please note that pursuant to California state law, the Board of
Supervisors is prohibited from taking action on any item not listed on the agenda.
PAGE 10 August 28, 2012
BUTTE COUNTY BOARD OF SUPERVISORS
7.00 CLOSED SESSION
AGENDA -AUGUST 28, 2012
7.01 ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a): 5 CASES:
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO SUPERIOR
COURT CASE NO. 016338;
3. COUNTY OF BUTTE, COUNTY OF PLUMAS v. DEPARTMENT OF WATER RESOURCES,
YO LO CO. SUP. CT CASE NO: CV09-1258;
4. UNIVERSAL LIFE CHURCH, ET AL v. COUNTY OF BUTTE, U.S.D.C. EASTERN DISTRICT
COURT CASE NO. 2:12-CV-02101-JAM-KJN; AND
5. JAMES FIAK v. COUNTY OF BUTTE, WORKERS' COMPENSATION CASE NO.
ADJ6778004.
7.02 INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) -ONE
POTENTIAL CASE: US FOREST SERVICE/PLUMAS NATIONAL FOREST TRAVEL MANAGEMENT
PLAN.
7.03 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION
54957.6:
LABOR NEGOTIATORS: JACK HUGHES & BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA,
DSA -MANAGEMENT/SUPERVISORY UNIT,
DSA-GENERAL UNIT,
BCCOA -SUPERVISORY UNIT,
BCCOA -GENERAL UNIT.
PAGE 11 August 28, 2012
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 28, 2012
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meetine Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m.
and are held in the Board of Supervisors Chambers, County Administration Building, 25 County Center
Drive, Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year.
Meeting dates can be changed as a result of holidays or other events so please check the meeting
calendar to be certain. Copies of the adopted meeting calendar for the year are available in the County
Administrative Office or at the Clerk of the Board website at www.buttecounty.net/cob.
Aeenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at
least 72 hours before each meeting, and is available by mail subscription, a-mail subscription, or at the
Clerk of the Board website. A copy of the agenda and supporting materials provided to the Board of
Supervisors members to explain each agenda item (excluding documents that are not a public record
within the meaning of the Public Records Act) are available for your review at the County Administrative
Office, the Chico, Oroville, and Paradise libraries (please do not remove items from these files), and at
the Clerk of the Board website. Copies of supporting materials can be made for you at a charge to cover
costs. The list of communications included with the agenda packages is not comprehensive. Additional
communications to the Board of Supervisors may have been received but not included in the agenda
supporting material. Copies of all communications received by the Board of Supervisors (excluding
documents that are not a public record within the meaning of the Public Records Act) are available at the
Administrative Office upon request. An (*) appearing before an agenda item signifies that material has
been provided to the Board of Supervisors members to explain that item.
Aeenda Format and The agenda is usually organized into the following areas and meetings generally proceed in the following
Meetine Order: order:
1. Consent Aeenda: these are items that are considered routine and are handled by one motion and vote of
the Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card
(located in the back of the board room) and give it to the Clerk of the Board (sitting to the right of the
Board) or, when the Chair asks if there is anything anyone would like to remove from the Consent
Agenda, stand and approach the podium and request the item be removed. The removed items are
discussed at the end of the Regular Agenda.
2. Reeular Aeenda: this is where presentations to the Board and items that require full discussion are
heard. Items removed from the Consent Agenda are discussed under this section.
3. Public Hearine and Timed Items: this is where items that are required by law to be heard as a public
hearing are set. This is the section where appeals before the Board are usually discussed. Hearings may
start after the time listed, but will never start before the time listed.
4. Public Comment: this is the area of the agenda where members of the audience may address the Board
on any matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed
on the agenda, but may respond to statements or questions and provide staff direction.
5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances.
This area of the agenda identifies those items that will be discussed during the closed session.
Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to
allow members of the public the opportunity to comment on all matters before the Board. Public
participation is limited to matters within the subject matter jurisdiction of the Board pursuant to
Government Code Section 54954.3. The Board has adopted policy and procedures to facilitate the
meeting process and conduct. A complete listing of these policies and procedures can be found in the
printed booklet agenda, obtained at the County Administrative Office, or viewed at the Clerk of the Board
website.
The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals
with special needs should call the Clerk of the Board at 530-538-7631, Monday through Friday, 8:00 a.m.
to 5:00 p.m. to request disability-related modifications/accommodations or to request materials in
alternate formats. All requests for special accommodations and/or alternative format documents must be
made 48 hours prior to the meeting.
For further information contact the:
Clerk of the Board of Supervisors
County Administrative Office
25 County Center Drive, Oroville, CA 95965
530-538-7631
www.buttecounty. net/cob
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August 28, 2012