HomeMy WebLinkAboutM011414 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/14/2014
9:00 A.M.—CALL TO ORDER
Call to Order- Board of Supervisors Room, County Administration Building, 25 County Center Drive,
Oroville.
Members present: Supervisors Connelly Wahl, Kirk, Lambert and Teeter
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
1401-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, READ THE FOLLOWING CORRECTION RELATED TO
ITEM 3.15 (RESOLUTION TO AMEND THE SALARY ORDINANCE) INTO THE RECORD: MINOR
CORRECTION IN THE PUBLIC WORKS PORTION OF THE RESOLUTION - SECTION 34 OF THE SAL
ORDINANCE IS ACTUALLY ENTITLED "440-004 PUBLIC WORKS—SUBDIVISION INSPECTION," NOT
"533 PUBLIC WORKS—SUBDIVISION INSPECTION" AS SHOWN ON THE RESOLUTION THAT WENT
OUT WITH THE AGENDA.THE DOCUMENT HAS BEEN CORRECTED.
BOARD OF SUPERVISORS ORGANIZATION -2014
1401-002 Election of Board Chair and Election of Board Vice Chair
MOTION: I MOVE TO NOMINATE SUPERVISOR TEETER AS CHAIR AND SUPERVISOR KIRK AS VICE CHAIR.
(MOTION: LAMBERT; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
1401-003 CONSENT AGENDA
1. Resolution Recognizing Debbie Rookard upon Her Retirement from Butte County
2. Policy Adoption - Credit Card Program - The County's Credit Card program was implemented in late
1987 as the American Express Corporate Card System. In 2001 the Cal Card program, a unique credit
card program used through the State of California's Master Services agreement with US Bank, was
implemented replacing the American Express Corporate Card System. At the time the Cal Card program
was implemented, the credit card policy for the American Express Card was not updated to reflect the
new program. Additionally, the County has credit cards issued by Chevron. This item provides a stand-
alone Credit Card Policy that will apply, regardless of the vendors used by the County, and clearly
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/14/2014
authorizes the Auditor-Controller to administer the program, in cooperation with the General Services
Department to insure no conflicts with purchasing authorities approved by the Board of Supervisors.
The references to the American Express Card in the County's purchasing policies and procedures will be
removed when updates are done in Spring 2014. Under the current credit card program, individual
cards are issued to qualified County employees for the purpose of improving the County's procurement
process and replacing the Field Purchase Order and petty cash whenever possible. In the future, if an
alternative credit card program is implemented,this policy will apply regardless of the providers.
3. Behavioral Health Board Membership Renewal - The Behavioral Health Board requests approval to
reappoint Dennis Hyde as a Family Member for a second term. The current term for Mr. Hyde ended
December 31, 2013.
4. Resolution Authorizing Chair to Sign Agreement between Department of Health Care Services and Butte
County Department of Behavioral Health (BCDBH) - The California Department of Health and Human
Services (DHCS) administers mental health care plans for the counties of California. DHCS requires
BCDBH to enter into an agreement, which describes terms and conditions BCDBH is required to follow in
order to remain in compliance with the regulations of providing specialty mental health services to
Medi-Cal beneficiaries.The term of this agreement is July 1, 2013 through June 30, 2014.
5. Transfer of Resources to Auditor-Controller's Office - The Auditor-Controller and Chief Administrative
Officer request Board of Supervisors' approval of a transfer of one position and funding from the
Administration Department, due to increased demands on the Auditor-Controller's Office from the
Building Effective Administrative Resources (BEAR) Project, which is the County's financial system
implementation project, as well as a shift of responsibilities from the Administration Department to the
Auditor-Controller's Office. The request includes the transfer of one (1) FTE and $30,166 in related
funding, in addition to$25,070 in funding to provide for resources during the BEAR Project.
6. Public Defender Contracts - On December 10, 2013, the Board of Supervisors approved a staffing plan
needed for the Superior Court's new 4th felony calendar and increased workload. The Board approved
an increase of 1.5 FTE contracts, which are recommended to be filled by three 0.5 FTE attorneys. The
first of these is attorney Brandon Williams, who is currently a 0.5 FTE and is recommended to increase
to 1.0 FTE contract. The other two 0.5 FTE contracts are recommended to be filled by attorneys Corie
Caraway and Michael Fahey, who are new to the consortium. The District Attorney concurs with the
recommendation.
7. Agreement with the City of Chico Providing Funding for Extended Hours at the Chico Branch Library -
Butte County and the City of Chico negotiated an agreement whereby the City of Chico will pay the
County for extended hours at the Chico Branch Library. The agreement provides $100,000 in funding
for the direct personnel costs incurred by the County to provide approximately 14 additional hours per
week at the Chico Branch. The revenue is included in the Fiscal Year (FY) 2013-14 Adopted Budget. The
term of the agreement is July 1, 2013 through June 30, 2014.
8. Request for Approval for Auditor-Controller to Reissue Two Time Expired Checks - Pursuant to
Government Code 29802 et seq, the Board of Supervisors may authorize, by resolution, the Auditor-
Controller to draw a new warrant in favor of the payee or assignee in the same amount as the original
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/14/2014
warrant. In December 2013, the following two requests were submitted for the re-issuance of time
expired checks that were issued by Butte County: Don and Betty Armitage reported they just found
check no. 117189, which was issued on January 27, 2009 in the amount of $161.64. Michael and Carol
Zink reported they located check no. 129609, dated October 18, 2011 in the amount of $126.54. The
Administration Department had verified with the Auditor-Controller's office that each of the checks
referenced above is time expired and neither was ever cashed or replaced.
9. All Star Towing - All Star Towing has been the contracted vendor for towing of vehicles for Butte
County's Abandoned Vehicle Abatement Program since April 2007. The contract with All Star expires
December 31, 2013, so a Request for Proposal (RFP) was sent to 19 towing companies who were on
active rotation with the California Highway Patrol for towing services. Each company on rotation was
contacted several times by phone and email regarding the RFP. Only one company responded to the
RFP. However, the company was not equipped to meet the County's needs in towing over-sized
vehicles. At this point it was in the best interest of Butte County to contact All Star and began a sole-
source negotiation for towing services. The agreement is from January 1, 2014 through December 31,
2019. Contractor will pay Butte County $100 per standard vehicle towed, and the County will pay for
over-sized vehicles based on the same rates as in the previous contract.
10. Valley Toxicology Service, Inc. - Recently, the District Attorney's Office completed a competitive bid
process for forensic alcohol and drug toxicology testing, reporting and court testimony. In reviewing
the results, it was determined Valley Toxicology, Inc. is the best alternative to meet the needs of the
department. Approval is requested for a contract with Valley Toxicology Service, Inc.for the provision of
forensic alcohol and drug toxicology testing, reporting and court testimony. The term of the contract is
October 1, 2013 through June 30, 2016, and the contract not-to-exceed price is $202,615. ($55,605 for
FY 2013-14; $73,505 for FY 2014-15; $73,505 for FY 2015-16).
11. Resolution Recognizing Employment and Eligibility Staff Week.
12. Youth for Change - Approval is requested for an amendment to the agreement with Youth for Change
for the provision of wraparound services that provide comprehensive, collaborative treatment and
support services to Butte County youth and their families. This contract is being amended due to an
increase in State and Federal rates for performing these services. The term of the agreement remains
July 1, 2011 through June 30, 2014. The amendment increases the maximum amount payable by
$54,000 for a total of$1,854,000 ($540,000 for FY 2011-12, $540,000 for FY 2012-13 and $774,000 [an
increase of$54,000]for FY 2013-14).
SUPERVISOR TEETER RECUSED HIMSELF FROM THE VOTE ON THIS ITEM AS HIS
WIFE WORKS FOR YOUTH FOR CHANGE
13. Agreement Amendment California Occupational Medical Professionals (COMP) - The Department of
Human Resources has an existing contract with COMP, which provides certified medical reviews
including fitness for duty examinations for Butte County employees. Human Resources wishes to amend
the contract due to an increase in fitness for duty examinations for FY 2013-14. The amendment will
increase the amount of the contract in FY 2013-14 by $10,000 to a not-to-exceed amount of $33,000.
No additional appropriations are needed for the increased amount and all other terms and conditions
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/14/2014
remain the same.
14. Resolution Regarding the Affordable Care Act - Look-Back Measurement Periods (Safe Harbor) - With
the Patient Protection and Affordable Care Act ("ACA"), large employers are required to offer affordable
qualified insurance to substantially all of its full time employees starting in January of 2015. For those
employees who are not hired on as full time, the law provides measurement periods ("safe harbors")to
assess those variable hour employees, to determine if the employee qualifies as "full time" per the law.
Staff recommends utilizing 12-month measurement periods to perform such assessments.
15. Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance as shown. These changes will increase the total allocations in
the County by one (1) position.Behavioral Health: The Behavioral Health Department is requesting the
following changes to the Behavioral Health- General Services budget unit: 1) delete one (1) vacant
position of Supervisor, Billing; 2) delete one (1) vacant position of Supervisor, Contract Specialist; 3)
delete one (1) vacant Contract Specialist; and 4) add one (1) Accounting Specialist/Account Clerk,
Senior/Account Clerk. In addition the department requests to delete one (1) vacant position of
Supervisor, Accountant from the Behavioral Health - Substance Abuse Services budget unit. The
department recently streamlined their administrative supervisory classifications which eliminated the
need for these vacant allocations. The deletion of the Contract Specialist and the addition of the
Accounting position will allow for needed staffing and support within the Medi-Cal claiming function of
the department. In addition the department is requesting to add one (1) position of Certified Nurse
Practitioner retroactive to September 1, 2013. The department had originally eliminated the position in
the FY 2013-14 budget submission, however due to administrative oversight the position was never
eliminated. These changes will decrease total allocations in the department by two (2) positions and
have no budget impact or fiscal impact on the County General Fund.Public Health: The Public Health
Department is requesting to delete one (1) vacant position of Administrative Coordinator and add one
(1) position of Administrative Analyst, Senior/Administrative Analyst/Administrative Analyst, Associate.
After review of the duties required by the position, the department believes the position of
Administrative Analyst will better meet the current and future needs of the department. This change
will leave the total allocations in the department unchanged and have no fiscal impact on the County
General Fund.District Attorney:The District Attorney's Office is requesting to add two (2)flexibly staffed
positions of Deputy District Attorney IV/III/II/I; add one (1) flexibly staffed position of Legal Secretary,
Senior/Legal Secretary; and convert one (1) vacant position of Deputy District Attorney IV/III/II/I to a
Supervisor, Deputy District Attorney position. Due to the impacts of the 2011 Public Safety
Realignment, the Butte County Superior Court has added a new felony court to accommodate a 21%
increase in felony filings. These positions are being added to handle this additional workload. These
changes will increase the total allocations in the department by three (3) positions and will increase
appropriations by $185,385 in FY 2013-14, which is $364,266 on an annualized basis. The Board
approved the corresponding budget adjustment on December 10, 2013. Development Services: The
Development Services Department is requesting to add one (1) limited term position of Supervisor,
Permit Center with an end date of June 30, 2014. This position is being added to cover for a long-term
leave of absence. In addition the department requests to add one (1) position of Supervisor, Code
Enforcement and delete one (1) vacant position of Code Enforcement Officer. This change is being
requested as there is a need in the department for a supervisor to oversee Code Enforcement activities.
These changes will increase the total allocations in the department by one (1) limited term position. Any
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/14/2014
increase in costs associated with this change will be covered in the department's FY 2013-2014
approved budget.Human Resources: The Human Resources Department is requesting to delete the
classification of Manager, Land Development (Class Code 4307) from Section 57, Reference E of the
Salary Ordinance titled, "Management and Supervisory (BCMEA) Unit Classifications". The Public Works
Department has restructured some duties and assignments and this classification is no longer needed in
their organization structure.Public Works: Concurrent with Human Resources request above, the Public
Works Department is requesting to delete one (1) position of Manager, Land Development from their
allocations. This change will decrease the total allocations in the department by one (1) position and
have no fiscal impact on the County General Fund. The position elimination corresponds with an action
taken by the Board of Supervisors on November 5, 2013, adding a position of Deputy Director, Public
Works. The department completed a departmental recruitment and the vacant position being
eliminated is a result of a departmental promotion to the Manager position.Probation: The Probation
Department is requesting to reclassify one (1) position of Information Systems Technician,
Senior/Information Systems Technician/Information Systems Technician, Associate to Information
Systems Analyst/Information Systems Analyst, Associate effective October 21, 2013. This reclassification
is recommended by the Director of Human Resources, per Section 5.5 of the Personnel Rules; better
reflects the duties being performed by the incumbent; and helps address the current and future
operational needs of the Probation Department. This reclassification was agreed to by the applicable
Employee Association.
16. Revised 2013-14 CDC Public Health Emergency Preparedness (PHEP), Pandemic Influenza (PanFlu) and
Hospital Preparedness Program (HPP) Grant Agreement -The Public Health Department currently has a
grant agreement with the California Department of Public Health (CDPH) to provide funding for Butte
County's public health emergency preparedness, pandemic influenza and hospital preparedness
programs in the amount $472,848 for the period of July 1, 2013 through June 30, 2014. CDPH has
decided to supersede the current grant agreement with a new grant agreement in order to allow the
department to utilize funds from the previous contract period that were not expended. The term of the
agreement remains July 1, 2013 through June 30, 2014 with a new maximum amount receivable of
$531,123, an increase of $58,275. Public Health requests that $58,275 in additional revenue be
recognized and appropriated for grant activities within its FY 2013-14 budget.
17. Contract Change Order No. 1: Supplement A, for the Retrofit of the Ord Ferry Road Bridge Across the
Sacramento River - In May 2012 Butte County awarded the contract to retrofit the Ord Ferry Road
Bridge across the Sacramento River to Golden State Bridge, Inc. in the amount of$9,094,939. Contract
Change Order No. 1 is required by the federal training requirement of the contract special provisions.
The County is to reimburse the contractor at the rate of $0.80/hour for trainee participation in an
approved equal employment opportunity affirmative action training program. Contract Change Order
No. 1 was approved on June 12, 2012 with an estimated hours of training of 2,000 for an amount of
$1,600. The contractor ultimately provided 6,049.5 hours of actual training for a total reimbursement of
$4,839.60. Contract Change Order No. 1 Supplement A increases Contract Change Order No. 1 by
$3,239.60.
18. Contract Change Order No. 2: Supplement A, for the Retrofit of Ord Ferry Road Bridge across
Sacramento River - Contract Change Order No. 2 was approved on October 9, 2012 for the estimated
amount of$250,000 to compensate the contractor for the extra work for the removal of existing buried
man-made objects within the footing retrofit limits. The buried man-made objects were left over from
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/14/2014
the original bridge construction and were unknown at the time of award of contract. All bridge footing
work is now complete and the total amount of extra work performed by the contractor to remove the
buried man-made objects documented by force account was a total of $361,145.65. Contract Change
Order No. 2 Supplement A increases Contract Change Order No. 2 by$111,145.65.
19. Contract Change Order No. 5: Supplement A, for the Retrofit of Ord Ferry Road Bridge across
Sacramento River - Contract Change Order No. 5 was approved on January 8, 2013 and included a line
item for removal of roadway bumps at the bridge hinge points for an estimated amount of$20,000. All
roadway bump removal work is now complete and the total amount of extra work performed by the
contractor to remove the bumps at the bridge hinge points documented by force account was
$90,435.39. Contract Change Order No. 5 Supplement A increases Contract Change Order No. 5 by
$70,435.39.
20. Contract Change Order No. 7 for the Retrofit of Ord Ferry Road Bridge across Sacramento River -
Contract Change Order No. 7 settles extra work claims, provides an increase to the engineers estimate
for erosion control at an adjusted unit price, increases the engineers' estimate at contract unit prices
and decrease the engineers estimate at contract unit prices to reflect the actual amount used during
construction. Contract Change Order No. 7 is an overall decrease to the contact of$129,657.48.
21. Notice of Completion for Ord Ferry Road Seismic Retrofit Project across Sacramento River - In general,
the work consisted of retrofitting pier columns and footings of the 1,308-foot long, nine span,
reinforced concrete box girder bridge. Work included retrofitting the foundations of six of the existing
pier columns with new 14-inch round steel pipe piles driven between the existing footing and
temporary sheet piling to enlarge the footing cap. Column casings were added to each of the bridge
piers and hinge extenders were installed at all hinges. Replacement of joint seals and bearing pads
were also completed as well as a methacrylate deck treatment. All contract work has been completed.
Total project cost including the$368,063.16 for Contract Change Orders 1-7, is$9,463,002.10.
22. Requested Budget Adjustments to Fund Increased Waste Discharge Requirement Fees Imposed by the
State of California in County Service Area 135, Zones 2 & 4 and County Service Area 141 - There are
several County Service Areas (CSA) in Butte County that provide sewer services regulated by Waste
Discharge Requirements (WDR) imposed by the State of California. The associated permit fees are
determined by the State of California and are billed to the CSA in late October or November of each
year which is after the County's annual CSA budgets are determined and approved. This year, the State
has increased the WDR's permit fees by 27.5% which exceeds the budgets for CSA's 135 and 141. This
will require the use of each CSA's fund balance reserve to cover the increased costs.
23. Appropriate Unanticipated Revenue - On September 24, 2013, the Board of Supervisors approved a
contract with Cassidian Communications for an Emergency Mass Notification System. With the selection
of a new provider, the Sheriff's Office noticed the current provider and canceled the existing service
with City Watch. City Watch sent a reimbursement in the amount of$1,653.42 to the Sheriff's Office for
unused prepaid service. The Sheriff's Office is requesting to utilize the refund toward the cost of the
new Cassidian System. As the Sheriff's Office and OEM each paid half of the City Watch system, the
refund will be split between the two departments each utilizing the refund toward the cost of the new
system.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/14/2014
24. Curative Title Solutions, Inc. - Contract for Property Tax Auction Coordination Services -The Treasurer-
Tax Collector requests approval of a two year contract with Curative Title Solutions, Inc. (Curative) to
coordinate the 2014 auction of tax-defaulted properties. The most recent auction coordination
contract expired on December 31, 2013. The company we previously contracted with for these vital
services, Tax Sale Services of California (TSS), recently merged with Curative. Steve Hourigan, previous
owner of TSS, will continue to coordinate the auction for Curative. TSS coordinated the department's
first internet auction of tax-defaulted properties eight years ago with exceptional results. Auctions in
2008, 2010 and 2012 saw similar success. Properly conducting a tax sale requires extensive knowledge
of real property and property tax law statutes, knowledge which is ancillary to the routine tax collection
process. Preparing for an internet auction requires an even greater level of expertise and preparation.
Curative staff is uniquely qualified and is the only known provider of the type of comprehensive tax
auction coordination and liaison services required by the department. Based on market research, Butte
County General Services approved a sole source request on November 18, 2013. The term of this
contract is January 1, 2014 through December 31, 2015 and the not-to-exceed price is$136,230.
25. Adoption of an Ordinance Amending Section 33A-5 of Chapter 33A of the Butte County Code, Entitled
"Basin Management Objectives" - The Butte County Basin Management Objective (BMO) program has
entered its eighth year and is an important cornerstone of the County's water resource efforts. It is
codified in Chapter 33A of the Butte County Code. A BMO program is a required element of a
Groundwater Management Strategy (AB3030/SB1938) and integrated regional water management
plans. In 2011, a review of the program was conducted by a subcommittee of the Water Commission
and a number of recommended program improvements were subsequently adopted and amended to
Chapter 33A on September 13, 2011.The amended Chapter 33A language contained some inaccuracies.
These proposed amendments modify the wording of the code to clarify and accurately reflect the intent
of recommendations made during the 2011 review. The modifications will not shift in practice how the
program is implemented, but instead update the code to reflect the intent and current approaches in
use. These proposed modifications were a discussion item at the November 29, 2012 combined
meeting of the Water Advisory Committee (WAC) and Technical Advisory Committee (TAC). No
concerns or further modifications were raised. The TAC approved the recommended changes on
January 17, 2013 and on February 6, 2013 the Water Commission unanimously recommended the
modifications to Chapter 33A be accepted. On November 5th, 2013 the Board of Supervisors waived the
first reading of the ordinance.
26. 2014 Butte County Fair Budget.
27. First 5 Butte County Children and Families Commission FY 2012-13 Annual Report.
28. First 5 Butte County Children and Families Commission FY 2012-13 Annual Audit.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE AMENDMENT TO ITEM 3.15 AS READ INTO
RECORD AND WITH SUPERVISOR TEETER RECUSING HIMSELF FROM THE VOTE ON ITEM 3.12
(AGREEMENT WITH YOUTH FOR CHANGE.) (MOTION: KIRK; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/14/2014
REGULAR AGENDA
1401-004 Boards, Commissions and Committees
1. Appointments to Listed Vacancies (NONE)
2. Board Member/Committee Reports and Board Member Comments (Pursuant to CA State law,the
Board is prohibited from taking action on any item not listed on the agenda.) (NONE)
1401-005 2014 Board of Supervisors Committee Assignments
MOTION: I MOVE THE FOLLOWING: REAPPOINT SUPERVISORS LAMBERT AND CONNELLY AS
REPRESENTATIVES TO NACO, AND SUPERVISOR TEETER AND WAHL AS RCRC REPRESENTATIVES;
APPOINT SUPERVISOR WAHL AS REPRESENTATIVE TO THE SACRAMENTO RIVER CONSERVATION
FORUM. SUPERVISOR LAMBERT WILL BE ALTERNATE. ALL OTHER ASSIGNMENTS WILL REMAIN THE
SAME. (MOTION: KIRK; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
1401-006 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
1401-007 General Plan Follow-Up and Implementation by Director of Development Services.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT.
1401-008 9:30 a.m. -Timed Item - Report on December 2013 Snow Storm -On December 6, 2013, a small but
cold winter storm hit Northern California. Snow started to fall around the 2,000 - 2,500 feet in
elevation with snow depths generally ranging between two to four inches in the lower elevations to
four to eight inches in the higher elevations. Sub-freezing temperatures remained in the area
through December 10 before daytime temperatures began warming up. Nighttime temperatures
remained below freezing through December 11, 2013.
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS, PROVIDED A REPORT TO THE BOARD. THIS ITEM
WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/14/2014
1401-009 Drought Task Force (DTF) Report - In 2004, Butte County adopted the Drought Preparedness and
Mitigation Plan (Resolution 04-200). A key element of the Plan was the creation of the DTF. The
charge of the DTF is to monitor hydrologic conditions throughout the water year and report the
findings to the Water Commission and the Board of Supervisors biannually, quarterly, or monthly as
needed. Since no state drought emergency declaration exists and local drought conditions have
subsided, the DTF decided to meeting annually. The DTF met on November 18, 2013 to review the
hydrologic conditions and drought related issues. The DTF reviewed data on snow-pack, reservoir
levels, stream flow, precipitation, climatic conditions; and groundwater levels. Groundwater
conditions declined in the spring and fall of 2013 due to unfavorable hydrologic conditions. The DTF
discussed increasing public outreach and preparing materials in advance of the spring. The DTF
decided to hold a meeting in the spring to review conditions at that time. However, if circumstances
change such as a declaration by the Governor for a drought emergency, the DTF may meet sooner.
The Butte County Water Commission received the DTF status report at their December 4, 2013
meeting.
PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION, PROVIDED A REPORT.
THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN.
1401-010 10:00 a.m. - Timed Item - 2014 State and Federal Legislative Platforms - Each year, the Board of
Supervisors considers and adopts its Legislative Platform, including both State and Federal matters.
The County's state and federal legislative advocates have submitted proposed platforms, after
consultation with County Departments and the Chief Administrative Officer, for the Board's
consideration. 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 and Kristi More of The Ferguson Group will present
the platforms and provide updates regarding current legislative activities at the state and federal
levels.
KEVIN TAGGART WITH THE ADMINISTRATION DEPARTMENT INTRODUCED THE ITEM.
KRISTI MORE WITH THE FERGUSON GROUP PROVIDED A REPORT ON FEDERAL LEGISLATION AND
THE FEDERAL PLATFORM. PAUL YODER WITH STRATEGIC LOCAL GOVERNMENT SERVICES
PROVIDED A REPORT ON STATE LEGISLATION AND THE STATE PLATFORM.
MOTION: I MOVE TO ADOPTTHE 2014 STATE AND FEDERAL LEGISLATIVE PLATFORMS. (MOTION: CONNELLY;
SECOND: KIRK)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/14/2014
1401-011 Update of Capital Improvement Program (CIP) - The Board of Supervisors is requested to approve
an updated Butte County 10-year CIP, which includes both service and transportation infrastructure
in a single plan. The CIP is developed pursuant to Board direction and in consideration of
departmental input. It is intended to be a flexible document that, like the operating budget, is
revisited at least annually if not more frequently. This document is not a comprehensive list of all
the County's infrastructure needs, but rather a spending plan that is based on current revenue
projections. As new revenue sources are identified, additional projects will be included in the CIP.
This document updates the CIP approved by the Board of Supervisors on July 31, 2012. Since the
last CIP was approved, the general economic climate has begun to show signs of improvement,
though there has been only limited change in the revenues available to the CIP. These revenue
trends, along with reasonable operational needs, are represented in this updated CIP to provide a
realistic plan for addressing the County's capital needs. On December 12, 2013 and as required by
state law, the CIP was presented to the Planning Commission for a determination of the CIP's
conformity to the General Plan. Please note approval of the CIP approves a spending plan, but does
not appropriate funds. Final authority for each CIP project will occur when the County budget is
adopted or with subsequent budget adjustments.
GREG ITURRIA, CHIEF FINANCIAL OFFICER, PROVIDED A REPORT TO THE BOARD.
DAN LEVINE ADDRESSED THE BOARD.
MIKE CRUMP ANSWERED QUESTIONS OF THE BOARD REGARDING EROSION OF LAND ON
COUNTY PROPERTIES.
MOTION: I MOVE TO APPROVE THE UPDATED CAPITAL IMPROVEMENT PROGRAM (CIP). (MOTION: KIRK;
SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
1401-012 Successor MOU, Butte County Deputy Sheriffs' Association-General Unit and Resolution Amending
Salary Ordinance -Over the past several months, the County and the bargaining team for the Butte
County Deputy Sheriffs'Association-General Unit (DSA-General) have met and conferred over a new
MOU. DSA-General has ratified the terms of the County's offer for a new MOU that will supersede
and replace the expired 2012-13 MOU. Concurrent with the adoption of the MOU, "Section 57G-
Deputy Sheriffs' Association-General Unit" of the Salary Ordinance need to be amended to reflect
the wage increases (1/18/14-2% and 1/17/15-2%) that were negotiated with DSA-General and
included in their MOU. As part of this change, the Salary Schedules reflecting these wage increases
also need to be added to the Salary Ordinance.The new Salary Schedules will be titled "Reference R
(Effective 1/18/14-2%)" and "Reference R (Effective 1/17/15-2%)". The new Salary Plans and Salary
Schedules for the DSA-General Unit are included in the staff report.
BRIAN RING, DIRECTOR OF HUMAN RESOURCES, PROVIDED A REPORT.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/14/2014
MOTION: I MOVE TO: 1) APPROVE THE MOU FOR DSA-GENERAL AND AUTHORIZE THE CHAIR TO SIGN;AND
2) ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO
SIGN. (MOTION: KIRK; SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
1401-013 Successor Memorandum of Understanding (MOU), Butte County Deputy Sheriffs' Association-
Management Unit and Resolution Amending Salary Ordinance - Over the past several months, the
County and the bargaining team for the Butte County Deputy Sheriff's Association-Management
Unit (DSA-Management) have met and conferred over a new MOU. DSA-Management has ratified
the terms of the County's offer for a new MOU that will supersede and replace the expired 2010-13
MOU. Concurrent with the adoption of the MOU, "Section 57H-Deputy Sheriffs' Association-
Management Unit" of the Salary Ordinance needs to be amended to reflect the wage increases
(1/18/14-2% and 1/17/15-2%) that were negotiated with DSA-Management and included in their
MOU. As part of this change, the Salary Schedules reflecting these wage increases also need to be
added to the Salary Ordinance. The new Salary Schedules will be titled "Reference S (Effective
1/18/14-2%)" and "Reference S (Effective 1/17/15-2%)". The new Salary Plans and Salary Schedules
for the DSA-Management Unit are included in the staff report.
BRIAN RING, DIRECTOR OF HUMAN RESOURCES, PROVIDED A REPORT.
MOTION: I MOVE TO: 1) APPROVE THE NEW MOU FOR DSA-MANAGEMENT AND AUTHORIZE THE CHAIR
TO SIGN; AND 2) ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE
THE CHAIR TO SIGN. (MOTION: KIRK; SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
1401-014 Resolution Amending the Salary Ordinance for Appointed Officials with a Bi-Weekly Range
Assignment -The Department of Human Resources is requesting to amend Section 57 and Section
58, Reference C of the Salary Ordinance to include a 2% wage increase effective 1/18/14 and a 2%
wage increase effective 1/17/15 for Appointed Officials with a bi-weekly range assignment, which
includes the Undersheriff and Executive Assistants to County Supervisors. These increases are
consistent with what other employee groups have received through labor contract negotiations.
The new Salary Plan for the Appointed Officials with a bi-weekly range assignment, as well as the
Salary Schedule for the Undersheriff is included in the staff report. Included in the Undersheriff
Salary Schedules is a change in the number of salary steps from eight (8) to seven (7). This change
will not increase or decrease the salary ranges listed on the Undersheriff Salary Schedules. No
revised Salary Schedule for the County Supervisors' Assistants is necessary, because they are tied to
the Butte County Management Employee Association (BCMEA) Salary Schedules.
BRIAN RING, DIRECTOR OF HUMAN RESOURCES, PROVIDED A REPORT.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/14/2014
MOTION: I MOVE TO ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (MOTION: KIRK; SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
1401-015 PUBLIC COMMENT (each speaker limited to five minutes)
MELINDA HILLOCK AND DAN LEVINE ADDRESSED THE BOARD.
RECESS:
THE BOARD RECESSED AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND CONVENED AS
THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD.
PAGE 12
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/14/2014
IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD
MINUTES
JANUARY 14. 2014
CALL TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
Members present: Connelly Wahl, Kirk, Lambert and Teeter
1401-001 CONSENT AGENDA
1. Resolution Regarding the In-Home Supportive Services (IHSS) Public Authority Salary Plan - The
Department of Human Resources is requesting to re-establish the Salary Plan for Classified Position(s)
for the Butte County In-Home Supportive Services (IHSS) Public Authority in a single document to
include a2% wage adjustment effective December 21, 2013 and an additional 2% wage adjustment
effective December 20, 2014 for the Public Authority Supervisor. Per language in the individual
employee contract, these increases were authorized by the Director-Employment & Social Services and
mirror what similarly situated employees in other employee groups received through contract
negotiations.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. (MOTION: LAMBERT; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA (No Items)
PUBLIC COMMENT(each speaker limited to five minutes) (NONE)
CLOSED SESSION (No Items)
ADJOURNMENT:
ADJOURNED AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AND
RECONVENED AS THE BUTTE COUNTY BOARD OF SUPERVISORS.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/14/2014
1401-016 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO
GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER 2. BEHAVIORAL HEALTH
DIRECTOR 3. CHIEF ADMINISTRATIVE OFFICER 4. CHIEF PROBATION OFFICER 5. CHILD SUPPORT
SERVICES DIRECTOR 6. COUNTY COUNSEL 7. DEVELOPMENT SERVICES DIRECTOR 8.
EMPLOYMENT AND SOCIAL SERVICES DIRECTOR 9. HUMAN RESOURCES DIRECTOR 10. INFORMATION
SERVICES DIRECTOR 11. LIBRARY DIRECTOR 12. PUBLIC HEALTH DIRECTOR 13. PUBLIC WORKS
DIRECTOR 14.WATER AND RESOURCE CONSERVATION DIRECTOR
2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES& BRIAN RING
EMPLOYEE ORGANIZATIONS:
BCEA, SSW, BCMEA, PPOA, PEA; DSA- MANAGEMENT/SUPERVISORY UNIT; DSA-GENERAL UNIT;
BCCOA-SUPERVISORY UNIT; BCCOA-GENERAL UNIT; CONFIDENTIAL UNIT; PPOA- MANAGEMENT
UNIT; NON-REPRESENTED UNIT
3. INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(4): US FOREST
SERVICE/PLUMAS NATIONAL FOREST TRAVEL MANAGEMENT PLAN.
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54956.8: PROPERTY: APN: 005-417-016 ADDRESS: 1010 CLEVELAND AVENUE, CHICO, CA 95965
AGENCY NEGOTIATOR: GRANT HUNSICKER NEGOTIATIONS:TERMS AND/OR CONDITIONS OF SALE
AND/OR LEASE OF REAL PROPERTY.
THERE WERE NO ANNOUNCEMENTS FROM CLOSED SESSION.
1401-017 1:00 p.m. - Timed Item - Ordinance 4051, Restrictions on Cultivation of Medical Marijuana -
Consideration of Amendments - On October 22, 2013, the Board considered amendment to the
County's ordinance imposing restrictions on the cultivation of medical marijuana. A total of six
recommended changes were submitted by staff for Board consideration. Following consideration of
those recommendations, at the meeting of November 12, 2013, the Board chose to implement
amendments to the ordinance in two phases. The first phase was completed on December 10,
2013, with the adoption of an amendment that revised three areas of the ordinance: 1) required an
occupied legal residence with cultivation; 2) required "permitted" water and sewage disposal
systems; and 3) increased the administrative civil penalty amount to $500 per day for the first
violation, and $1,000 per day for each subsequent violation. Before considering the remaining staff
recommendations, and any other possible amendments, the Board requested staff provide
additional information, and provide an update on the status and issues of medical marijuana
regulation. Pursuant to the Board's directive, staff has compiled the requested information and
submits it for Board consideration.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/14/2014
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, INTRODUCED THE ITEM. MARION REEVES,
COMPLIANCE OFFICER PROVIDED A REPORT TO THE BOARD. AT THE REQUEST OF SUPERVISOR
TEETER, SHERIFF SMITH ADDRESSED THE BOARD AND PROVIDED A POWERPOINT
PRESENTATION.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD:JAMES CROW; ANDREW
MERKEL; EVERETT GREMMINGER; MIKE MALONEY; CHRIS SOMMERS; MIKE BRITTON; LIANNA
BAZZINI;TOM MURRAY; WELDON PAPA; ROBERT CATALANO; LELAND PAPA; CHRIS
NICODEMUS, DIANNA WRIGHT; MAXINE MALTA; ROB RAMAY; DAVID MASARIK; BONNIE
MASARIK; DONNA JENSEN; SANDRA MILLER; DEBORAH INGVOLDSEN; DAVID DALEY; NEIL PAPA;
ED MANNION; MARVIN RAFFERT;JOE MONTEZ; RICHARD TOGNOLI; ROBERT FAYE;JAMIE KERN;
BOB EVANS; LOUIS ROTAR; THOMAS WAHL;JOHN HOFFMAN; DAN LEVINE; LORETTA TORRES;
STEPHANIE TABER;WOODY ELLIOTT; NOEL ANDREWS; GORDON ?; DEE HUNTER; PATRICIA
LUCERE;JERRY ALLORITA(SP?); DAVID MOENCH; MO GREENE; CANDACE GRUBBS; MIKE
RAMSEY; MARY KENNEDY; MATT LARKINS; DAVE GEORGE; AND ROY HALE.
MOTION: I MOVE TO DIRECT STAFF TO AMEND THE ORDINANCE AS FOLLOWS:
• PARCELS .5 AND LESS- INDOOR CULTIVATION ONLY -AS CURRENTLY REQUIRED
• >.5 ACRES-5 ACRES-50 SQ. FT. OF CULTIVATION AREA, 50 FT. SETBACKS
• >5 ACRES- 10 ACRES- 100 SQ. FT. OF CULTIVATION AREA, 75 FT. SETBACKS- MINIMUM OF
2 RECOMMENDATIONS
• 10 ACRES AND UP- 150 SQ. FT. OF CULTIVATION AREA, 150 FT. SETBACKS- MINIMUM OF 3
RECOMMENDATIONS
• GROW AREAS MUST BE CONTIGUOUS(SINGLE GROWTH AREA)
• INCLUDE SETBACKS FOR PROCESS(AND REQUIRE PROCESSING INDOORS IF NOT ALREADY
REQUIRED) -SETBACKS SAME AS CULTIVATION
• LIMIT PROCESSING TO THE MARIJUANA GROWN ON THE PARCEL(NOT ALLOWED TO BRING
MATERIAL IN TO PROCESS)
• CHANGE COMPLAINT PROCESS TO LET ANYONE COMPLAIN
(MOTION: KIRK; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
1401-018 PUBLIC COMMENT (each speaker limited to five minutes)
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: THOMAS WAHL AND DAN LEVINE
THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD
THE MEETING WAS ADJOURNED AND WILL RECONVENE
AT A REGULAR MEETING OF THE BOARD TO BE HELD ON
JANUARY 28, 2014.
PAGE 15