HomeMy WebLinkAboutM011216 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
9:00 A.M.-CALL TO ORDER
Called to Order- Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville.
Members present: Supervisors Connelly, Wahl, Kirk, Lambert, and Teeter
Pledge of Allegiance
Observation of a Moment of Silence.
BOARD OF SUPERVISORS ORGANIZATION FOR 2016
Election of Board Chair and Election of Board Vice-Chair
MOTION: I NOMINATE SUPERVISOR CONNELLY AS CHAIR. (Motion: Lambert; Second: Kirk)
VOTE: MOTION APPROVED 5 -0
MOTION: I NOMINATE SUPERVISOR KIRK AS VICE-CHAIR. (Motion: Connelly; Second: Wahl)
VOTE: MOTION APPROVED 5 -0
CORRECTIONS AND/OR CHANGES TO THE AGENDA
Item 3.09 Amendments to Indigent Defense Contracts -The amendment date with Leo Battle was off by 15
days, so the amended amount shown on his contract is short by$500. The net change should be
$31,000.02 (instead of$30,500.02 as shown)
Item 3.36 Ford Vehicle Lease-The Sheriff's Office has requested the item be removed from the agenda in its
entirety. Staff anticipates this item to return on a future agenda.
CONSENT AGENDA
3.01* Agreement with First 5 Butte County Children & Families Commission -The First 5 Children &
Families Commission (Commission) was developed out of Proposition 10, creating funding for
early childhood development, health care, parent education, and other programs that improve
services for families with children from a prenatal stage through age five. Approval is requested
to renew an agreement with the Commission for services in relation to Perinatal Anxiety and
Mood Disorder (PAMD) counseling. The Commission currently reimburses the department half
of the program's costs in addition to full reimbursement for non-reimbursable Medi-Cal services
for PAMD counseling, which is conducted by Northern Valley Catholic Social Service. The
agreement is renewing funding for fiscal years (FY) 2015-16 through 2019-20.The total amount
of the agreement is$412,891 ($53,550 for FY 2015-16; $101,745 for FY 2016-17; $96,659 for FY
2017-18; $86,993 FY 2018-19; and $73,944 FY 2019-20). Commission funding for this program
will be January 1, 2016 through June 30, 2020 - action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Behavioral Health)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
3.02* Milhous Children's Services - Milhous Children's Services (Milhous) is a residential treatment
facility that has been serving children and adolescents since 1968. Approval is requested for an
agreement with Milhous to provide mental health services, specifically for a day treatment
intensive program. The term of this agreement will be November 30, 2015 through June 30,
2016. This agreement is replacing the Interim Agreement, which was approved by General
Services, and has been in place between Behavioral Health and Milhous since November 25,
2015. The maximum financial obligation under this agreement shall not exceed $40,010.08 -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
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 as a component of this grant. BCDBH requests approval of an agreement
with the Court, which 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$26,792.
The term of this agreement will be July 1, 2015 through August 31, 2016. It should be noted
that the Court did not provide the completed agreement to BCDBH until November 30, 2015 -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.04* Agreement with Victor Treatment Center, Inc. Amendment A - Victor Treatment Centers, Inc.
(VTC) provides a living environment for severely emotionally disturbed children, ages 8 through
18,who are not able to succeed in family situations, foster homes, group homes, and/or lower
levels of care. The youth served by VTC have significant mental, behavioral and/or emotional
disorders that result in the need for 24-hour supervision in conjunction with intensive mental
health services. Approval is requested to amend the agreement with VTC to provide additional
mental health services to Butte County youth who meet the standards of medical necessity.
The increase is due to additional youth placements.The term of this agreement will remain July
1, 2015 through June 30, 2016 with no change to the rates. The maximum financial obligation
under this agreement shall not exceed$233,401.43 (this is an increase of$173,401.76) -action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.05* Budget Adjustment for Capital Asset Purchase - As part of the FY 2015-16 budget, the Board
approved the purchase of five vehicles by the Behavioral Health Department with an estimated
cost of $106,000. Per the bids received, the cost of the vehicles exceeds the amount the
department had allocated by more than ten percent. Approval is requested for a budget
adjustment allocating an additional $14,505 to cover this capital asset purchase - action
requested -APPROVE BUDGET ADJUSTMENT. (Behavioral Health)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
3.06* Agreement with MGT of America, Inc. to Conduct a Comprehensive Review and Evaluation of
County User Fees - The last comprehensive review and update of all County user fees was
completed in 2009. Typically, these studies are completed every 5 Years. In September 2015,
staff published a Request for Proposal (RFP) for a Comprehensive Review and Evaluation of
County User Fees. Two companies submitted proposals and a review committee comprised of
representatives from Development Services, Public Health and County Administration
reviewed the proposals and interviewed the companies in November. Upon completion of the
review process, the review committee recommended contracting with MGT of America, Inc.
The firm has over 25 Years of experience performing user fee studies for California counties and
cities and currently provides consulting services to the County for Cost Allocation and SB 90
mandate claiming. Staff will return to the Board with the results of the evaluation regarding
actual costs of services and to discuss options for recovering some or all of the County's costs.
After receiving direction from the Board regarding a cost recovery strategy, staff will return
with user fee recommendations at a future date. The term of the contract is from January 12,
2016 through June 30, 2017 with a maximum payable of$39,435 -action requested-APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND AUDITOR-CONTROLLER. (County Administration)
3.07* Consolidated Impact Fee Report for Fiscal Year 2014-15 - Pursuant to Government Code
66006(b), the Butte County Consolidated Impact Fee Report for Fiscal Year 2014-2015(Report)
has been available for Board and public review in the Office of the Clerk of the Board since
November 23, 2015 The Report includes both County Department and Special District Impact
Fee Fund information and findings. Government Code Section 66001(d) sets forth the
requirements of findings the Board must make in the fifth Year following the first deposit into
a fund and every fifth Year thereafter regarding amounts remaining in that fund. Department
Heads and Special District Managers are responsible for the five-year findings required for their
Impact Fee Funds.-action requested -REVIEW AND ACCEPTTHE REPORT;AND MAKE FINDINGS
AS DETAILED IN THE REPORT FOR EACH OF THE REQUIRED FUNDS/ACCOUNTS AS SET FORTH IN
GOVERNMENT CODE 66001(d). (County Administration)
3.08* Resolution Ratifying One-Time Closure of County Offices and Approving a One-Time Holiday on
December 24, 2015 - In response to President Obama declaring closure of federal offices at
noon on December 24, 2015 in honor of Christmas Eve, recognizing the financial sacrifices
County employees continue to make, and acknowledging the reduced amount of County
business that is typically conducted by County residents on Christmas Eve day, the Chief
Administrative Officer, in consultation with the Chair of the Board of Supervisors, authorized
the closure of County Offices for the full day on Thursday, December 24, 2015 and a
corresponding additional holiday for County employees in 2015. Per the County's Personnel
Rules, "Days declared as Federal holidays shall be observed as County holidays." County offices
that already operate 24 hours per day, 7 days per week, and County offices required by
legislation, regulation or other mandate continued their operations as required. The provisions
outlined in the Personnel Rules regarding employees who work on holidays will apply to the
additional holiday.The Board of Supervisors'adoption of the resolution ratifying the closure of
County Offices for a full day, instead of the half-day Federal holiday, on December 24, 2015,
and the approval of the corresponding additional holiday for County employees in 2015 is one-
time in nature and is not to be construed as precedent setting for any future Year - action
requested - ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County
Administration)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
3.09* Amendments to Indigent Defense Contracts -The County is required by state and federal law
to provide an attorney for persons charged with a crime or in other special circumstances if
they cannot afford an attorney. Butte County contracts this service with a consortium of local
attorneys who provide full service public defender work.There are 15 full time and 5 part time
attorneys in the consortium. Two attorneys, Tracy Davis (part time) and Jonathan Griffith (full
time), have exercised the option to leave the consortium. The consortium has recommended
taking workload and extending current part time attorneys Corie Caraway and Saul Henson to
full time, and Michael Fahey to 0.9 workload. In addition, the Superior Court has started a
Veterans Treatment Court (VTC). Because of their training and military service, veterans are
uniquely situated within our criminal justice system. In a therapeutic setting,veterans thrive in
a veterans-only group as opposed to being mixed in with a greater group of therapeutic
defendants.Veterans tend to open up only to other veterans. Because of their unique training,
they hold each other highly accountable for their actions. Participation in this court is voluntary.
VTC will be in session once a month. Public Defender Leo Battle has agreed to add the court to
his existing workload. It is recommended that Mr. Battle's contract be increased by $1,000
monthly, from $11,757.53 to $12,757.53, for the additional workload - action requested -
APPROVE AGREEMENT AMENDMENTS (4) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (County Administration)
3.10* Approval of Minutes - action requested - APPROVE NOVEMBER 10, 2015 MINUTES. (County
Administration)
3.11* Introduction of an Ordinance Amending Chapter of the Butte County Code Relating to Animals
- In 2012, the Public Health Department brought forward several cleanup items that revised
Butte County Code Chapter 4, entitled "Animals." At that time, an older version of the Code
was inadvertently used that added older sections back into Butte County Code Chapter 4,which
were previously removed in 2009 when the Master Fee Schedule was approved and adopted
by the Board of Supervisors. This item updates Chapter 4 to match Code revisions that were
made in 2009 and references fees that are included in the adopted Butte County Master Fee
Schedule - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. (County
Administration)
3.12* Butte County Clerk-Recorder Historical Preservation Volunteers Appreciation - The Butte
County Clerk-Recorder requests the Board of Supervisors recognize and thank the Historical
Preservation Volunteers for their hard work and dedication in preserving historical county
records for the citizens of Butte County - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (County Clerk-Recorder)
Candace Grubbs accepted the resolution and introduced the volunteers to the Board.
3.13* Agreement for Legal Services Between the County of Butte and Raoul J. LeClerc - Request for
approval of an agreement with Raoul J. LeClerc for attorney services performed relating to
Public Guardian/Public Administrator and Lanterman-Petris-Short (LPS)/Behavioral Health
Capacity Hearings. Compensation is$100 per hour,and the term of the agreement is December
18, 2015 to June 30, 2018. This agreement replaces the contract with Kimberly J. Merrifield
who has been appointed to the Butte County Superior Court-action requested-APPROVE AND
RATIFY AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (County Counsel)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
3.14* MOU with the Department of Behavioral Health for Provision of Alcohol, Drug, Mental Health
and Domestic Abuse Services-Approval is requested for amendment one to the Memorandum
of Understanding (MOU) with the Department of Behavioral Health (BCDBH) for the provision
of expanding Alcohol and Other Drug, Mental Health and Domestic Abuse Treatment services
for CalWORKs participants. The department will receive an additional $127,916 in
unanticipated revenue that can be used to expand services provided by BCDBH within the
existing terms and conditions of the executed MOU.The term of the MOU remains July 1, 2013
through June 30, 2016 with a maximum amount not to exceed$3,073,021 as follows:fiscal year
(FY) 2013-14: $998,068; FY 2014-15: $948,969; FY 2015-16: $1,125,984 (an increase of
$127,916) - action requested- APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER AND
APPROVE BUDGET ADJUSTMENT(4/5 vote required). (DESS)
3.15* Retirement Resolution for Linda Love -The Director of the Department of Employment and
Social Services requests that the Board of Supervisors adopt a resolution acknowledging the
retirement of Linda Love after a total of twenty-six years and five months of service,effective
December 25, 2015-action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (DESS)
3.16* Retirement Resolution for Wendy Powell-Terry - The Director of the Department of
Employment and Social Services requests that the Board of Supervisors adopt a resolution
acknowledging the retirement of Wendy Powell-Terry after a total of twenty three years and
one month of service, effective December 30, 2015-action requested-ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN. (DESS)
3.17* Lease Origination: 564 Rio Lindo, Suite 100, Chico, with Loumark Associates for Occupancy
by Behavioral Health - The Butte County Department of Behavioral Health delivers the
CalWorks program from 564 Rio Lindo Avenue, Suite 100, in Chico, under a lease that went
into hold over status January 1, 2016,and with a payment of$1,800 per month for the 2,000
square foot office. Although the Department plans to consolidate this program with others
in the future, the department does require this facility for an additional one year period.
Given the short term nature of the lease, the rate will increase to $1.15 per square foot for
a total lease payment of$2,300 per month. Funding for this lease is included within the FY
2015-16 approved budget and requires no additional appropriations - action requested -
APPROVE THE LEASE AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER. (General Services)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
3.18* Lease Origination: 564 Rio Lindo, Suites 200, 202-204, Chico, with Loumark Associates for
Occupancy by Behavioral Health-The Butte County Department of Behavioral Health delivers
the CalWorks program from 564 Rio Lindo Avenue,Suites 200,202-204 in Chico,under a lease
that went into hold over status January 1, 2016, and with a payment of$4,984.20 per month
for the 5,538 square foot office. Although the Department plans to consolidate this program
with others in the future,the department does require this facility for an additional one Year
period. Given the short term nature of the lease, the rate will increase to $1.15 per square
foot for a total lease payment of $6,368.70 per month. Funding for this lease is included
within the FY 2015-2016 approved budget and requires no additional appropriations -action
requested -APPROVE THE LEASE AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (General Services)
3.19* Lease Origination: 5910 Clark Rd Suite H/I, Paradise with Signature Services for Occupancy
by Behavioral Health - The Butte County Department of Behavioral Health delivers
Community Counseling Center services from 5910 Clark Rd Suite H/I, in Paradise, under a
lease that has remained in hold over status since October 31,2015, pending negotiations with
the landlord. The previous lease included a payment of $2,052 per month for the 2,736
square foot office. Under the new lease agreement, the rent payment will remain fixed for
36 months at the rate of$0.80 per square foot for a total payment of$2,188.80 per month.
The planned termination date for the agreement is January 31, 2019,and includes the option
to extend for an additional thirty-six month period and the ability to terminate due to lack of
funding. Funding for this lease is identified within the approved Behavioral Health FY 2015-
16 budget and no additional appropriation is required - action requested - APPROVE THE
LEASE AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER. (General Services)
3.20* Lease Origination: 5910 Clark Rd Suite W, Paradise with Signature Services for Occupancy by
Behavioral Health -The Butte County Department of Behavioral Health delivers Community
Counseling Center services from 5910 Clark Rd Suite W, in Paradise, under a lease that has
remained in hold over status since October 31, 2015, pending negotiations with the landlord.
The previous lease included a payment of $1,938.75 per month for the 2,585 square foot
office. Under the new lease agreement,the rent payment will remain fixed for 36 months at
the rate of $0.80 per square foot for a total payment of $2,068 per month. The planned
termination date for the agreement is January 31, 2019, and includes the option to extend
for an additional thirty-six month period and the ability to terminate due to lack of funding.
Funding for this lease is identified within the Behavioral Health FY 2015-16 approved budget
and no additional appropriation is required - action requested - APPROVE THE LEASE AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (General Services)
3.21* Amendment 3 to Peerless Building Maintenance Contract X21400 for Janitorial Services at
Leased Facilities - As part of Request for Proposals 13-15, Peerless Janitorial submitted the
best proposal for janitorial services and has been providing janitorial services to leased
facilities for over a Year based on minimum wage compensation. Now, staff recommends
amending the contract to cover the increase in minimum wage compensation that becomes
effective January, 2016. This will increase the not to exceed cost of the contract from
$652,300 by $33,885.30 for a new not to exceed cost of $686,185.30. Funding for the
amendment is contained within the FY 2015-16 approved Department of Employment and
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
Social Services, Public Health, Behavioral Health and Child Support Services operating
budgets and no additional appropriation is required - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR CONTROLLER. (General Services)
3.22* Contract Award: Griffith Architects to Provide Design Services for the 3 County Center Drive
Infill Project - The completion of the Butte County Hall of Records begins the next phase of
space reallocation and relocations starting with the relocation of District Attorney staff from
3 County Center Drive into a portion of the space vacated by the Elections Officer and County
Recorder within 25 County Center Drive. This will free up sufficient space within 3 County
Center Drive to construct an accessible training facility that better meets the regular needs of
Human Resources than the inaccessible space in the old County Hospital building used by
Human Resources weekly. Staff recommends that the Board award the not-to-exceed$90,800
design contract to Griffith Architects, Inc., the firm submitting the best proposal, for
development of the design and final construction documents associated with the training
center along with accessible restrooms and parking improvements. Once designed, staff will
return to the Board for approval of the construction contract. Funds for the design phase are
included within the FY 2015-16 approved Capital Project budget and no additional
appropriation is required - action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
(General Services)
3.23* Amendment 1 - Communication Site License - Platte Mountain Communication Tower -The
Platte Mountain Communication Tower is an integral part of the Butte County Information
Systems Communications backbone structure and also supplies tower communications to
CalTrans, California Department of General Services, and California Highway Patrol. The
Tower is located on land owned by Sierra Pacific Industries under a contract approved by the
Board in 2010 that established an annual license fee of$12,400 for one 5 year term and gives
the County the right to extend four additional 5 year terms at a price to be renegotiated each
additional term. Staff recommends that the Board approve the amendment establishing an
annual license fee for the second 5 year term of $14,260 which remains well below the
commercial tower lease payment rate in the open market. Funding for the lease is contained
in the FY 2015-16 Information Systems approved operating budget and no additional
appropriation is required - action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
(General Services)
3.24* Salary and Benefits Resolution, Executive Assistant, Board of Supervisors -The Department of
Human Resources has prepared a Salary and Benefits Resolution for the appointed Executive
Assistants to the Board of Supervisors. The resolution supersedes Res. 15-184, the Benefits
Resolution for the Appointed Classification of Executive Assistant, County Supervisors.
Resolution 15-184 inadvertently left out the $250 one-time payment in December 2015
related to similar offers made with this and other labor groups. Additionally this resolution
documents other current practices related to the benefits provided to Executive Assistants
including vacation buyback, accrual of administrative leave, retirement benefits as modified
by legislation,disability insurance and the employee assistance program-ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
3.25* Resolution to Amend the Salary Ordinance - The Department of Human Resources has
prepared a resolution to amend the Salary Ordinance for the following departments: District
Attorney, Behavioral Health and Probation. These changes will increase the total allocations
by 5.25 FTE.
DISTRICT ATTORNEY: The District Attorney is requesting to add one(1)flexibly staffed, Limited
Term position of District Attorney VI, III, 11, 1 (term position to end 6/30/2016)to backfill for an
employee who is on a long-term leave of absence. The District Attorney is also requesting to
increase an already existing 50%sunset Paralegal position (Sunset position to end 6/30/2016)
by .25 full time equivalent. This increase will better align the position with the actual hours
worked. The total allocations in the department will increase by 1.25 and there will be no
budget impact on the General Fund.
BEHAVIORAL HEALTH: The Behavioral Health Department is requesting to delete one (1)
Behavioral Health Clinician 111, 11, 1, and one(1)Supervisor, Behavioral Health Clinician,and add
one (1) Supervisor, Behavioral Health Counselor and one (1) Program Manager, Clinical
Services. The changes address the operational and supervisory needs in Behavioral Health's
Paradise Outpatient and Wellness Centers.The total allocations in the department will remain
unchanged, and there will be no budget impact on the General Fund.
PROBATION:The Probation Department is requesting four(4)Sunset positions:two(2)flexibly
staffed Probation Officer 111, 11, 1; one (1) Supervisor, Probation Officer and one (1) flexibly
staffed Administrative Analyst or Administrative Analyst,Associate.(Term of the Sunset to end
June 30, 2018.) The positions are funded by a Department of Corrections and Rehabilitation
grant.These additions will increase the total allocations by four(4) and have no fiscal impact
on the General Fund -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (Human Resources)
3.26* Fiscal Year 2015-16 Child Health and Disability Prevention and California Children's Services
Joint Plan - Each Year, the Public Health Department prepares a Children's Medical Services
Plan for submittal to the State. The purpose of the plan is to summarize the overall program
activities that will be accomplished within the Child Health and Disability Prevention (CHDP)
Program and the California Children's Services Program (CCS).The CHDP program provides for
early and periodic health screening of children, adolescents and Young adults. The CCS
program provides financial help for medical care and physical/occupational therapy for
children who have serious or disabling health problems - action requested - APPROVE
SUBMISSION OF THE PLAN TO THE STATE DEPARTMENT OF HEALTH SERVICES AND AUTHORIZE
THE CHAIR TO SIGN PLAN DOCUMENTS. (Public Health)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
3.27* Amendment No. 2 to Agreement with California Family Health Council, Inc. for Title X Family
Planning Program -The Public Health Department currently has a grant agreement with the
California Family Health Council, Inc. (CFHC) for the purpose of providing comprehensive
family planning services within the Public Health Clinics. This agreement ended on December
31, 2015.The department requests approval of an amendment to this agreement. Under the
amendment, the agreement term will be extended to March 31, 2016, an increase of three
additional months. The amendment also increases the maximum amount payable from
$100,750 to $125,938 (an increase of $25,188). The additional funds from this amendment
will continue to augment the existing family planning program within the Public Health Clinics
- action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Health)
3.28* Amendment to Grant Agreement with the State Department of Public Health for the HIV Care
Program -The Public Health Department currently has a grant agreement with the California
Department of Public Health (CDPH) to participate in the HIV Care Program. The program
provides health education and care and treatment services to HIV-positive individuals to help
prevent the early onset of AIDS related symptoms. CDPH is amending the grant agreement to
make an additional $19,440 available to the department for HIV Care services for the period
of April 1, 2015-March 31, 2016. The term of the agreement remains the same with a new
total maximum amount receivable of $404,170 ($104,212 for July 1, 2013-March 31, 2014,
$140,259 for April 1, 2014-March 31, 2015, and $159,699 for April 1, 2015-March 31, 2016) -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER AND APPROVE
BUDGET ADJUSTMENT. (4/5 vote required) (Public Health)
3.29* Lincoln Boulevard Sidewalk Improvement-Authorization To Bid Project- In 2009, the County
was awarded a Federal Highway Administration 2009 Highway Safety Improvement Program
(HSIP) Grant in the amount of $900,000 for the construction of safety improvements on
Lincoln Boulevard between Elgin Street and Arnold Avenue. A new scope was completed for
the project in 2014 due to costs. The new scope reduced the length of the project so
improvements on Lincoln Boulevard are now planned between Myers Street and Arnold
Avenue.The federal funding was subsequently reduced to$872,197.The project is located to
the south of the City of Oroville and will include the construction of sidewalks,curb and gutter,
curb ramps, pedestrian activated flashing beacons at the mid-block crosswalks,asphalt paving,
and traffic striping and markings. The project will be constructed during the summer of 2016.
The engineer's estimate is approximately $1,585,685 for construction. The estimated total
project cost is$2,580,307,which includes preliminary engineering, right-of-way, construction,
and construction engineering. The Public Works Department is requesting authorization to
advertise and solicit bids for the construction of the project - Federal Project No HSIP-
5912(087), County Project No. 2255 - action requested - 1) APPROVE THE PROJECT; 2)
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE AND SOLICIT BIDS FOR THE
CONSTRUCTION OF THE PROJECT; AND 3) AUTHORIZE CHAIR AND THE DIRECTOR OF PUBLIC
WORKS TO SIGN PLANS. (Public Works)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
3.30* Amendment 1 for Agreement with IMC Geologic, Inc. - The Department of Public Works
entered into a professional services agreement with IMC Geologic, Inc. in June 2015 to provide
regulatory compliance services for the Neal Road Recycling and Waste Facility after the
facility's landfill engineer retired. The department is currently recruiting for a replacement
and the position is expected to be filled by March 2016. The department recommends
approval of Amendment 1 to increase the amount of the agreement by$12,000 to a maximum
amount of$37,000 in order to provide the needed services until the vacant position is filled.
All other terms and conditions of the agreement remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. (Public Works)
3.31* Fuel Truck Acquisition for the Neal Road Recycling and Waste Facility-The Neal Road Recycling
and Waste Facility(NRRWF)staff has been using a 27-year-old truck with nearly 260,000 miles
to refuel equipment for daily operations. The truck had several mechanical issues that would
cost more to repair than it is worth.The NRRWF wishes to acquire a vehicle to replace the old
fuel truck. Approval is required from the Board of Supervisors for the acquisition of capital
assets. The fair market value of$1,914 was established using recent surplus auction results
from the sale of a similar county truck. The Road Fund will receive revenue for the vehicle
from the Enterprise Fund -action requested -AUTHORIZE CAPITAL ASSET ACQUISITION; AND
APPROVE A BUDGET ADJUSTMENT(4/5 vote required). (Public Works)
3.32* Autodesk Engineering Software Agreement - The Department of Public Works utilizes
Autodesk, computer aided design (CAD) software, to design and engineer roadways and
bridges. For nearly fifteen years, Public Works has contracted with DLT Solutions, LLC to
provide Autodesk software licensing, maintenance subscription services, consulting services,
and in-person software support for Autodesk. Although there are other vendors authorized
to distribute the Autodesk software licenses, DLT Solutions, LLC is the only vendor offering in-
person technical software support. Public Works recommends contracting with DLT Solutions,
LLC for ongoing engineering support services and trainings in the CAD software,Autodesk.The
agreement with DLT Solutions, LLC is for Autodesk licensing, maintenance subscription
services, consulting services, and in-person software support services for three years in the
amount of $39,010 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER. (Public Works)
3.33* Contract Change Order No.3 for Module 5, Phase A Excavation at the Neal Road Recycling and
Waste Facility - In May of 2015 Wood Bros., Inc. of Lemoore, California was awarded the
Module 5, Phase A Excavation Project contract for the Neal Road Recycling and Waste Facility
in the amount of$3,506,160. Module 5 is the next phase of landfill operations and Phase A
excavation is the first phase of expansion of the new module.After construction began on the
Module 5, Phase A Excavation Project, it was determined it would be beneficial for the landfill
and the future excavation phase if additional soil material was excavated during this
construction project. Contract Change Order No. 3 provides for additional excavation and
general fill along the south west perimeter of Module 5, Phase A. The excavation and general
fill quantities shown are estimates and the final quantities will be determined from the as-built
survey. The total amount of Contract Change Order No. 3 is$119,446.81 -action requested -
APPROVE CONTRACT CHANGE ORDER NO. 3 AND AUTHORIZE THE CHAIR TO SIGN. (Public
Works)
PAGE 10
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
3.34* Neal Road Recycling and Waste Facility - Authorization to Bid Project - The Butte County
Department of Public Works continues to work on short-range and long-range construction
plans for the Neal Road Recycling and Waste Facility (NRRWF). The plan for fill sequencing at
the NRRWF calls for development of the final lined cell of Module 4, known as phase F, in the
summer of 2016. Module 4 will provide landfill capacity until the first phase of Module 5 is
developed with a liner system in late 2017. The Phase F project is scheduled to be completed
in the summer of 2016. Golder Associates prepared the plans and specifications for the
project. The engineer's estimate for the project is$875,556.The Department of Public Works
requests authorization to advertise and solicit for bids for development of the final lined cell
of Module 4, Project No. 757-7514-03 - action requested -AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS TO ADVERTISE AND SOLICIT BIDS FOR THE CONSTRUCTION OF THE PROJECT.
(Public Works)
3.35* Cordico Psychological Services -The Sheriff's Office desires to enter into a new contract with
Cordico Psychological Corporation. Cordico provides the Sheriff's Office with professional law
enforcement pre-employment psychological assessments of potential candidates pursuant to
POST (Peace Officer Standards and Training) standards. Pre-employment assessments are a
step in determining applicant suitability for employment at the Butte County Sheriff's Office.
This service contract is a critical step in evaluating applicants as well as reducing some county
liability. The proposed contract has a five-year term with a maximum payable of$45,000 -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Sheriff-Coroner)
3.36* Ford Vehicle Lease-The Butte County Sheriff's Office receives grant funding from the State of
California, Department of Parks and Recreation, Division of Boating and Waterways for a Year-
round boating enforcement program.The grant does not allow for capital asset acquisition as
an outright purchase, however, funding does allow for leasing a vehicle. The vehicle the
Sheriff's Office is requesting to lease is a 2016 F250 4x4 Crew Cab truck. The vehicle will be
used for the Sheriff's Boating and Enforcement Program. Purchasing agents from Butte County
General Services have negotiated a 4-year lease-purchase agreement with Ford Motor Credit
Company. The terms of the lease allows the Sheriff's Office to purchase the vehicle at the end
of the lease term for$1. The total amount financed is$34,058.66. The payments will be made
in four annual payments - action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
(Sheriff-Coroner)
PAGE 11
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
3.37* Edward Byrne Memorial Justice Assistance Grant Program,Year 2-In 2014,the Sheriff's Office
applied for and was awarded a federal grant to further enhance the Alternative Custody
Supervision (ACS) program. The Sheriff's Office, in collaboration with Chico Unified School
District (CUSD), designed a program to allow selected Youths age 16-24 to participate in the
Youth Build Program. The Youth Build Program teaches the selected Youth the construction
trade and assures a high school diploma or GED.The funding is granted annually. The Sheriff's
Office was granted $714,960 for the first ten months of the program and $672,803 in the
second Year, January 1, 2016-December 31, 2016. For this half-year budget, the Sheriff's
Office will retain $137,482 and pass the remaining funds $198,918, to CUSD for use in the
Youth Build Program.The Sheriff will utilize funding for two deputy sheriff positions to manage
the participants in the Youth Build Program assigned to ACS and expenses for the grant
evaluator. The grant is managed by the Board of State and Community Corrections (BSCC)
which requires the Board adopt a resolution - action requested - 1) APPROVE BUDGET
ADJUSTMENT (4/5 vote required); 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN; AND 3) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Sheriff-Coroner)
3.38* Securus Technologies- Inmate Telephone and Video Visitation Services- In 2010,the Sheriff's
Office completed a competitive solicitation for inmate telephone services. Securus
Technologies was selected and the Sheriff's Office signed a three-year contract for services
with Securus. Since then, two amendments have been completed: Amendment 1 in 2012 to
add an inmate telephone tree; and Amendment 2 in 2013 to add video visitation and increase
the term of the contract by two Years. Amendment 3 increases the term one additional Year
to allow for the jail management software system to be fully integrated with peripheral
systems and prepare a new solicitation for services. The Sheriff's Office intends to pursue a
solicitation for telephone and video visitation services within six months. There is no cost to
the county - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
(Sheriff-Coroner)
3.39* USDA Forest Service Cooperative Enforcement Agreements-The Butte County Sheriff's Office
receives Federal funding from the United States Department of Agriculture (USDA), Forest
Service. The USDA requests to enter into two separate agreements with the Sheriff's Office.
One agreement is with the Plumas, Lassen, and Tahoe National Forests and the second
agreement is with the Lassen National Forest.The purpose of both agreements is to document
a cooperative effort between the parties in connection with law enforcement activities on
USFS land with an intensified effort as outlined in the agreements. The terms of the
agreements are October 1, 2015 through September 30, 2020 - action requested -APPROVE
AGREEMENTS (2) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER. (Sheriff-Coroner)
PAGE 12
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
3.40* Resolution in Support of a Groundwater Planning Grant - The Sustainable Groundwater
Management Act of 2014 requires the Department of Water Resources (DWR) to provide
technical and financial assistance to local agencies for sustainable groundwater management.
DWR solicited project proposals through the Counties with Stressed Basins Grant Program
(Program). The Program provides financial resources to eligible counties to advance
sustainable groundwater management. The County's Department of Water and Resource
Conservation developed a project entitled "Evaluation of Restoration and Recharge Potential
Within Groundwater Basins of Butte County." The project is to prepare a map of areas
conducive to groundwater recharge, evaluate opportunities to recharge portions of the basin,
and evaluate the costs and benefits of utilizing surface water to irrigate orchards where it is
available. The project is consistent with policies and priorities of Butte County. The Program
requires the County to submit a resolution supporting the grant application. DWR accepted
the County's application contingent upon receiving a resolution of support from the Board by
mid-January 2016.The Department recommends the Board adopt the resolution in support of
the grant application. DWR expects to award grants by the end of January 2016 - action
requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource
Conservation)
MOTION: I MOVE TO APPROVE CONSENT AGENDA WITH CHANGES. (Motion: Kirk; Second:Teeter)
VOTE: MOTION APPROVED 5 -0
REGULAR AGENDA
4.01* Boards, Commissions and Committees
A. Appointments to Listed Vacancies (None)
B. 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.)
Supervisor Kirk addressed concerns about the Inmate Welfare Fund in relation to the
construction of the addition to the Butte County Jail.
C. 2016 Board of Supervisors Committee Assignments -actions requested - 1) APPOINT
BOARD REPRESENTATIVE(S) TO COMMITTEES AS DETAILED IN THE COMMITTEE
ASSIGNMENT TABLE; 2) ALTER ASSIGNMENTS, IF NEEDED; AND 3) DISBAND ANY
COMMITTEE THAT IS NO LONGER NEEDED OR IF TASK IS COMPLETE.
MOTION: I MOVE TO APPROVE 1) APPOINT BOARD REPRESENTATIVE(S) TO COMMITTEES AS
DETAILED IN THE COMMITTEE ASSIGNMENT TABLE; 2)ALTER ASSIGNMENTS, IF NEEDED;
AND 3) DISBAND ANY COMMITTEE THAT IS NO LONGER NEEDED OR IF TASK IS
COMPLETE. (Motion: Wahl; Second:Teeter)
VOTE: MOTION APPROVED 5—0
PAGE 13
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
4.02 Update of Current Budget/Legislative Issues by the Chief Administrative Officer - action
requested - PROVIDE DIRECTION TO STAFF.
Paul Hahn, Chief Administrative Officer, highlighted Paul Yoder's presentation (Item 5.01),
regarding the State budget. He further discussed the number of trains passing through Butte
County, and the County's efforts towards working on potential legislation with CALOES.
Lastly, Mr. Hahn reported on the completion of the Hall of Records, and announced the open
house to be held Thursday,January 21, from 4:30-7:00.
4.03 Items Removed from the Consent Agenda for Board Consideration and Action (None)
4.04* Northern California Water Association - Nomination - Butte County is a member of the
Northern California Water Association (NCWA). In accordance with NCWA bylaws, Butte
County is entitled to nominate one candidate to serve a two-year term (January 1, 2016
through December 31, 2017) on the NCWA Board of Directors. The nominee must be a
member of the County Member class which consists of Board of Supervisors' members from
Butte, Sutter, Shasta, and Tehama counties. The Board of Supervisors is requested to
nominate one candidate as a NCWA Director - action requested - NOMINATE ONE
CANDIDATE AS A NCWA DIRECTOR. (Water and Resource Conservation)
MOTION: I MOVE TO NOMINATE STEVE LAMBERT AS A NCWA DIRECTOR.
(Motion:Teeter; Second: Kirk)
VOTE: MOTION APPROVED 5 -0
4.05* Imposing Linkages Assessment and Establishing Linkages Program - The County receives a
portion of all parking violations collected in the County. A portion of these fees are retained
by the County and we transmit a portion of the fees to the State. California Penal Code
Section 1465.5 provides that counties are allowed to impose an assessment for the Linkages
Program of two dollars ($2) for every ten dollars ($10) or fraction thereof, for every fine,
forfeiture, or parking penalty imposed and collected pursuant to Section 42001.13 of the
Vehicle Code, related to violations for parking in spaces designated for disabled persons
Vehicle Code Section 22507.8. The Linkages Program is designed to provide care and case
management services to frail elderly and functionally impaired adults, with priority for
enrollment given to low-income individuals, to help prevent or delay placement in nursing
facilities. Local jurisdictions are currently collecting the Linkage assessment, but there is no
record of Board of Supervisors approval of the assessment - action requested- ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Auditor-Controller)
David Houser,Auditor-Controller, provided a report.
MOTION: I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(Motion: Kirk; Second:Teeter)
VOTE: MOTION APPROVED 5 -0
PAGE 14
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
4.06* Appointed Department Head Contract Amendments -The Department of Human Resources
is requesting the Board of Supervisors approve amendments to the employment contracts
for thirteen (13) Appointed Department Heads to include a 2% wage increase effective
February 13, 2016 and a 2% wage increase effective February 11, 2017. These increases are
consistent with what other employee groups have received through labor contract
negotiations. Concurrent with the amendments above,the Department of Human Resources
is requesting to amend Section 58, Reference A of the Salary Ordinance titled, "Appointed
Department Heads" to include the wage increases included in the contract amendments -
action requested -APPROVE CONTRACT AMENDMENTS (13)AND AUTHORIZE THE CHAIR TO
SIGN; AND ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE
THE CHAIR TO SIGN. (Human Resources)
Brian Ring, Director of Human Resources, provided a report.
MOTION: I MOVE TO APPROVE CONTRACT AMENDMENTS (13) AND AUTHORIZE THE
CHAIR TO SIGN; AND ADOPT THE RESOLUTION TO AMEND THE SALARY
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
(Motion: Kirk; Second:Teeter)
VOTE: MOTION APPROVED 5 -0
Recess
Recess as the Butte County Board of Supervisors and convene as the Thompson Flat Cemetery District Board of
Trustees.
PAGE 15
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
THOMPSON FLAT CEMETERY DISTRICT
BOARD OF TRUSTEES
MINUTES
JANUARY 12, 2016
1. Call to Order- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
Members Present: Supervisors Connelly, Wahl, Kirk, Lambert, and Teeter.
The Board of Supervisors became the Thompson Flat Cemetery District(TFCD) Board of Trustees
on August 10, 1999.
Pursuant to Health and Safety Code Section 9029, the Trustees are required to meet at least
once every three months. This meeting satisfies compliance with that code. No action is
required.
2. Consent Agenda (No Items)
3. Regular Agenda (No Items)
4. TFCD Closed Session (No Items)
5. TFCD Public Comment (each speaker limited to five minutes)
None
Adiournment
Adjourn as the Thompson Flat Cemetery District Board of Trustees and reconvene as the Butte County Board
of Supervisors.
PAGE 16
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
PUBLIC HEARINGS AND TIMED ITEMS
5.01* 10:00 a.m. -Timed Item-2016 State and Federal Legislative Platforms-Each year,the Board
of Supervisors considers and adopts its legislative platform both at the state and federal
levels. The County's state and federal legislative advocates have submitted proposed
platforms, after consultation with County department heads. The platforms address issues
such as energy, water, public infrastructure, local government finances, general
government, health and human services, and public safety. Paul Yoder of Strategic Local
Government Services will introduce the 2016 Legislative Platform and provide an update on
legislative activities at the state level -action requested-APPROVE THE STATE AND FEDERAL
LEGISLATIVE PLATFORMS. (County Administration)
Kevin Taggart, Management Analyst, introduced this item.
Paul Yoder, with the Strategic Local Government Services, provided a report.
MOTION: I MOVE TO APPROVE THE STATE AND FEDERAL LEGISLATIVE PLATFORMS.
(Motion:Teeter; Second Lambert)
VOTE: MOTION APPROVED 5 -0
5.02* 10:45 a.m.-Public Hearing-Butte County General Plan and Zoning Ordinance Amendments,
Policy AG-135.3(Agricultural Buffer)and Final SEIR-This project is a County-initiated General
Plan Amendment, Zoning Ordinance Amendment, and Final Supplemental Environmental
Impact Report(SEIR) prepared pursuant to the California Environmental Quality Act(CEQA).
The amendments to General Plan Agricultural Element Policy AG-135.3, known as the 300-
foot Agricultural Buffer, maintain applicability of the Agricultural Buffer to Agricultural
General Plan designations and remove the applicability to agricultural uses in non-
agricultural designations. New General Plan Policy AG-135.3.1 directs that the Zoning
Ordinance allow agricultural uses in non-agricultural zones. New Policy AG-135.3.2 directs
that the Zoning Ordinance include a residential setback from agricultural uses in residential
zones. New Policy AG-135.3.3 directs that the Zoning Ordinance require a 300-foot
Agricultural Setback for residential development from existing Williamson Act Contracts.
The amendments to the Zoning Ordinance establish a residential setback from orchards and
vineyards in the VLDR,VLDCR, LDR, MDR, MHDR, HDR,and VHDR residential zones by adding
Section 24-56.1 and amending Table 24-20-2 concerning setback standards for residential
zones. Amendments to Zoning Ordinance Use Tables 24-19-1, 24-20-2, 24-22-1, and 24-26-
1 allow animal grazing and crop cultivation as interim uses on parcels of at least 1-acre in
size in all residential, commercial, and industrial zones. The existing Zoning Ordinance only
allows such uses in Agriculture, Rural Residential, Foothill Residential,and Very Low Density
Residential zones,as well as in some Mixed Use zones with an Administrative Permit. Animal
Grazing uses would be subject to the Animal Keeping standards pursuant to amended
Section 24-158 of the Zoning Ordinance. Zoning Ordinance Section 24-82 concerning the
applicability of Agricultural Buffers would also be amended to apply to areas within 300 feet
of an existing Williamson Act Contract - actions requested - 1) CERTIFY THE FINAL SEIR
PURSUANT TO CEQA, AS SET FORTH IN THE RESOLUTION, AND AUTHORIZE THE CHAIR TO
SIGN;2) ADOPT FINDINGS OF FACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND
A MITIGATION MONITORING AND REPORTING PROGRAM, AS SET FORTH IN THE
RESOLUTION, AND AUTHORIZE THE CHAIR TO SIGN;3) ADOPT AMENDMENTS TO GENERAL
PAGE 17
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
PLAN POLICY AG-P5.3 AND NEW POLICIES AG-P5.3.1, AG-P5.3.2, AND AG-P5.3.3., AS SET
FORTH IN THE RESOLUTION, AND AUTHORIZE THE CHAIR TO SIGN; AND4) ADOPT AN
ORDINANCE AMENDING CHAPTER 24. ZONING ORDINANCE AND AUTHORIZE THE CHAIR TO
SIGN. (Development Services)
Tim Snellings, Director of Development Services, introduced this item.
Dan Breedon, Principal Planner, with Development Services provided a report.
Tanya Sundberg, provided a report on CEQA and the final Supplemental EIR.
Chuck Thistlethwaite, Planning Manager, answered questions from the Board.
Luis Mendoza, Agricultural Commissioner, answered questions from the Board.
The following individuals addressed the Board:Andrew McClure;Jim Bean; Bob Kromer; Mark
Sanford; and, Steve Detmen.
MOTION: I MOVE TO APPROVE:
1) CERTIFY THE FINAL SEIR PURSUANT TO CEQA, AS SET FORTH IN THE
RESOLUTION, AND AUTHORIZE THE CHAIR TO SIGN;
2) ADOPT FINDINGS OF FACT, A STATEMENT OF OVERRIDING
CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING
PROGRAM, AS SET FORTH IN THE RESOLUTION, AND AUTHORIZE THE CHAIR
TO SIGN;
3) ADOPT AMENDMENTS TO GENERAL PLAN POLICY AG-135.3 AND NEW
POLICIES AG-P5.3.1, AG-P5.3.2, AND AG-P5.3.3., AS SET FORTH IN THE
RESOLUTION, AND AUTHORIZE THE CHAIR TO SIGN; AND
4)ADOPT AN ORDINANCE AMENDING CHAPTER 24.ZONING ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (Motion: Wahl; Second: Lambert)
VOTE: Motion carried 3 -2
YEA: Supervisor Connelly, Supervisor Wahl, Supervisor Lambert
NAY: Supervisor Kirk, Supervisor Teeter
PAGE 18
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
5.03* 1:00 p.m.—Timed Item
A. 5.03-A-2015 Medical Marijuana Cultivation Regulation Code Enforcement Program Annual
Report-On February 11, 2014, the Board of Supervisors approved an ordinance amending
Butte County Code Chapter 34A, Restrictions on Cultivation of Medical Marijuana, to
change the regulations for growing medical marijuana in the County. This change, from a
plant count to an "area allowed," greatly reduced the amount of medical marijuana that
could be legally grown in the unincorporated area of Butte County. Another key change in
the ordinance allowed for anonymous complaints from the public. The Department of
Development Services coordinated with several County Departments including the Butte
County Sheriff's Office(BCSO),the District Attorney's Office,and County Counsel to develop
an enforcement program to combat medical marijuana grown in violation of the new
ordinance. The County began implementing the enforcement program on January 8, 2015
and continued until mid-November 2015. Development Services implemented the program
with Code Enforcement Officers supported by armed law enforcement officers from the
BCSO and the District Attorney's Office. The department hired six Extra-Help Code
Enforcement Officers for the program, as well as two Extra-Help administrative support
staff. Code Enforcement received 1,489 complaints of violations to the ordinance, issued
894 citations to growers violating the ordinance, and collected $171,175 in unanticipated
revenue from fines. The enforcement program had many successes throughout the year
including gaining compliance in over 67%of the reported complaints. Several hurdles were
also identified during enforcement of the new ordinance, which may be addressed by
improving procedures and making amendments to the County's ordinance - action
requested -ACCEPT FOR INFORMATION. (Development Services)
Paul Hahn, Chief Administrative Officer, introduced this item.
Tim Snellings, Director of Development Services, and Chris Jellison, Code Enforcement
Officer, provided a report.
B. 5.03-13 - Introduction of an Ordinance Amending Butte County Code Section 34A Entitled
"Restrictions on Cultivation of Medical Marijuana" - Based on the lessons learned during
the enforcement of the County's medical marijuana cultivation ordinance through the 2015
marijuana growing season, the County Counsel's office presents amendments to the
ordinance in an effort to clarify and streamline the enforcement provisions. Amendments
include: 1) Combine the issuance of administrative penalties with the nuisance abatement
process, so that officers no longer need to issue citations; instead, the 72-Hour Notice to
Abate will inform the owner/tenant that they are subject to an administrative civil penalty
of $500 per day, and the Notice of Nuisance Abatement Hearing will inform the
owner/tenant that the administrative civil penalty has increased to $1,000 per day. The
amount of penalties will be determined at the nuisance abatement hearing; 2)Only require
the County to prove that a violation existed at the time the matter was set for hearing, and
not at the time the hearing is actually held.This should reduce the need for re-inspections,
and will allow the County to recover its costs in being forced to set the matter for hearing;
3) Provide for administrative civil penalties to be recoverable through the lien process; and
4) Change the time owners/tenants have to abate the nuisance to 10 days from the date a
hearing officer's decision is placed in the mail -action requested -WAIVE THE READING OF
THE ORDINANCE. (County Counsel)
PAGE 19
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
Bruce Alpert, County Counsel, introduced this item.
Brad Stephens,Assistant County Counsel, provided a report.
C. 5.03-C - Introduction of an Ordinance Amending Butte County Code Section 35-5 of the
Butte County Code Entitled"Right to Farm Ordinance"-In 2015,the California Legislature
enacted Senate Bill 643, and Assembly Bills 243 and 266, which, among other things,
established the Medical Marijuana Regulation and Safety Act (codified as California
Business and Professions Code sections 19300 et seq.). As part of Assembly Bill 243,
section 11362.777 was added to the California Health and Safety Code,which states that
for purposes of section 11362.777 of the Health and Safety Code, as well as Chapter 3.5
of the California Business and Professions Code, medical cannabis is an agricultural
commodity.The proposed amendment to the Butte County's Right to Farm ordinance as
set forth in Chapter 35 of the Butte County Code would confirm that for purposes of the
County's Right to Farm ordinance, marijuana is not an agricultural commodity, and the
cultivation of marijuana is not an agricultural operation - action requested -WAIVE THE
READING OF THE ORDINANCE. (County Counsel)
Brad Stephens, Assistant County Counsel, provided a report.
The following individuals addressed the Board: Alex Lyons; Noel Edwards; Allen Trela;
Denise Lessard; Matt Bassior; Tula Cope; Gordon Jones; Michael Turner; Karen Liggett;
Chris Summers; Charnel James; Donna Jensen;Jessica Mackenzie; Kay; Crystal Kezie;Tom
Korby;Judith Schreuder;Thomas Wahl;Weston Mickey; Mickey Rogers; Nash Evens; Drew
O'sullivan Oughton; David Moench; Ethan Garlinghouse; and, Shane R.
Tim Snellings, Director of Development Services, proposes to amend the ordinance 35-5,
found on Page 3, Line 17, to read: " aaRjulaRaa ws Rot aaliq agRrsua tuFa� eei-nu-nod4y7 and t he
cultivation of marijuana is not an agricultural operation SL11bject to the benefits of iriglht to
f airim
MOTION: I MOVE TO AMEND THE ORDINANCE AMENDING BUTTE COUNTY CODE SECTION 35-
5 AS READ INTO THE RECORD (Motion: Kirk; Second: Wahl)
VOTE: Motion APPROVED 5 -0
MOTION: I MOVE TO WAIVE THE FIRST READING OF THE ORDINANCE
(Motion: Kirk; Second:Teeter)
VOTE: Motion APPROVED 5 -0
PAGE 20
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
PUBLIC COMMENT
The following members of the public addressed the Board: Jessica Mackenzie; Thomas Wahl;
Charnel James; Allen Trela; Matt Bassior; and, Ethan Garlinghouse addressed the Board.
BOARD OF SUPERVISORS CLOSED SESSION
7.01 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES AND 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; SKILLED TRADES UNIT
7.02 PUBLIC EMPLOYEE EMPLOYMENT, APPOINTMENT, RECRUITMENT, PERFORMANCE
EVALUATIONS, INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION
54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14.WATER AND RESOURCE CONSERVATION DIRECTOR
PAGE 21
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/12/2016
7.03 ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(1) - FOUR CASES
1. JACQUELINE DEVLIN v. BUTTE COUNTYAND MICHAEL SANDERSON; BUTTE COUNTY
SUPERIOR COURT CASE NO. 163271;
2. MICHAEL SEARS v. COUNTY OF BUTTE; BUTTE COUNTY SHERIFF'S OFFICE; ANDY
DUCH; JOHN KUHN; AND DOES 1 THROUGH 100; USDC-EASTERN DISTRICT COURT,
CASE NO. 15-CV-00589-MCE-CMK;
3. HIRAM SANTISTEBAN v. BUTTE COUNTY PUBLIC HEALTH; DFEH CASE # 507746-
150571; EEOC CASE#37A-2015-02396-C;AND
4. KELLY DAVIS v. JOHN CHARLES RYAN, COUNTY OF BUTTE, AND DOES 1-25; BUTTE
COUNTY SUPERIOR COURT CASE NO. 162267.
*There were no announcements out of 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
JANAURY 26, 2016.
BILL CONNELLY, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
PAGE 22