HomeMy WebLinkAboutM021015 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 02/10/2015
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
Observation of a Moment of Silence.
CORRECTIONS AND/OR CHANGES TO THE AGENDA.
SUPERVISOR KIRK REQUESTED THAT ITEMS 3.05 AND 3.13 BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
CONSENT AGENDA
3.01 Agreement with Aurora Behavioral Healthcare - Aurora Behavioral Healthcare provides inpatient
psychiatric hospitalization services. The State mandates contracting with managed care hospitals
based on a county's historical utilization. Butte County Department of Behavioral Health (BCDBH)
began drafting the managed care hospital agreements in April but needed to wait for each "host
county" (county in which the hospital exists), to negotiate their rates with the hospital for the new
fiscal year. Once negotiated, their contract must be fully executed by their respective governing
board. The State is notified by the host county of the contracted rates, and all other counties who
contract with the hospital utilize those rates per the direction of the state. Due to these requirements,
agreements with managed care hospitals are typically approved later in the fiscal year. Approval is
requested for an agreement with Aurora Behavioral Healthcare to provide inpatient psychiatric
services for clients referred by BCDBH. The term of this agreement will begin July 1, 2014 and will
terminate June 30, 2015. The maximum financial obligation under this agreement shall not exceed
$350,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health)
3.02 Approval of Behavioral Health Board Member Appointments - The Butte County Behavioral Health
Board (BHB) requests approval of the following appointments: Kristina Kaufman to fill the consumer
position previously held by Michael N. Ober, with the term ending on December 31, 2015; Jacob
Durant to fill the vacant community position, with the term ending on December 31, 2017. The BHB
requests approval to reappoint Patty Johnson to a second term consumer position that will end
December 31, 2017, as her first term consumer membership expired December 31, 2014 - action
requested - MAKE APPOINTMENTS. (Behavioral Health)
3.03 District 1 Appointment to Butte County Planning Commission - Supervisor Connelly submits his
nomination to appoint Larry Grundmann as District 1 Representative to the Planning Commission to
fill the remainder of the term vacated by James "Harrel" Wilson. The term will end January 2, 2017 -
action requested - MAKE APPOINTMENT. (Board of Supervisors)
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/10/2015
3.04 Resolution Recognizing Roger Aylworth upon His Retirement -action requested -ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office)
MR. AYLWORTH ACCEPTED THE RESOLUTION AND INTRODUCED HIS WIFE, SUSAN.
3.05 Resolution Regarding Wildfire Mitigation -(Chief Administrative Office/Supervisor Teeter)
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR
AGENDA. IT WAS NOT ADOPTED AS PART OF THE CONSENT. (REFER TO PAGE 6 OF THIS DOCUMENT.)
3.06 Approval of Minutes - action requested - APPROVE JANUARY 27, 2015 BOARD OF SUPERVISORS
MINUTES. (Chief Administrative Office)
3.07 Resolution Encouraging the Federal Government to Reform the Federal Fee-to-Trust Process -
California counties impacted by tribal gaming continue to find that existing federal laws and
regulations fail to address the off-reservation impacts of tribal land development, including casinos.
Commercial projects on reservation land can attract large volumes of visitors and lead to myriad
impacts on the surrounding community. As such, California State Association of Counties (CSAC) is
continuing its efforts in 2015 to reform the federal fee-to-trust process. CSAC has requested counties
to take formal action in support of its reform efforts as a delegation of county supervisors and staff
are preparing to attend the National Association of Counties (NACo) Legislative Conference and visit
with California's congressional delegation. The CSAC officers and staff will use individual county
resolutions to assist in the reform proposal. CSAC's reform proposal aims to provide counties
adequate notice about fee-to-trust applications, provide counties with meaningful consultation, and
incentivize judicially enforceable intergovernmental agreements - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office)
3.08 Accept Local Agency Conflict of Interest Code Biennial Report for Exempt Agency - The following
district has reviewed its Conflict of Interest Code exempt status and has determined that the
conditions for exemption from compliance with Government Code section 87300 still exist. County
Counsel has reviewed Upham Cemetery District's 2014 Local Agency Biennial report and believes it to
be proper - action requested - ACCEPT 2014 LOCAL AGENCY CONFLICT OF INTEREST CODE BIENNIAL
REPORT(EXEMPT AGENCY), DOCUMENTED BY A MINUTE ORDER. (County Counsel)
3.09 Accept Conflict of Interest Code for Butte County Office of Education - Pursuant to California
Government Code section 87306, the Butte County Office of Education reviewed its Conflict of
Interest Code and determined that it needed revision. On January 12, 2015 the Butte County Office of
Education adopted an updated Conflict of Interest Code, which is being submitted to the Board for
approval as the code reviewing body. Submitted in the staff report are the following documents:
Conflict of Interest Code for Butte County Office of Education, Appendix, and Explanation for the
Reasons for the Amendments. County Counsel has reviewed the 2015 Amendment to Butte County
Office of Education's Conflict of Interest Code and believes it to be proper -action requested -ACCEPT
CONFLICT OF INTEREST CODE FOR BUTTE COUNTY OFFICE OF EDUCATION, DOCUMENTED BY A
MINUTE ORDER. (County Counsel)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/10/2015
3.10 Agreement for 9-1-1 County Coordination Support - The Butte County Information Systems
Department seeks to contract 9-1-1 County Coordinator responsibilities to a qualified contractor. To
meet the County's needs, a Request for Proposal (RFP) was published on December 10, 2014. One
response was received, and a thorough review found Avalon 9-1-1 Solutions to be qualified and
meeting all of the County's criteria. County Coordinator responsibilities are a required function in
support of the County's 9-1-1 Dispatch services and are funded through the State Emergency Number
Account (SETNA). The contract services include Central Point of contact for database providers,
telecommunications carriers, and the State 9-1-1 office; Master Street Address Guide (MSAG)
maintenance; Emergency Service Number (ESN) maintenance; meetings; training; and new
technology implementation. The contract term is upon execution to June 30, 2015 at a cost of
$34,500. The contract term includes an option to extend up to three (3) years, contingent upon
funding availability and written amendment executed by both parties - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Information Systems)
3.11 Awakening Solutions Counseling Services Contract - Recently, the Probation Department completed a
competitive bid process to provide individual, group, and family therapy to youth and their families
under the Title IV-E Child Welfare Demonstration Project administered by Probation, via joint
agreement with the Department of Employment and Social Services. Four vendors provided bids
during the process, and after reviewing the results, Awakening Solutions Counseling was determined
as the best alternative to meet the needs of the project. Approval is requested for a contract with
Awakening Solutions Counseling for the provision of family therapy related services. The term of the
contract is February 10, 2015 through February 9, 2018, and a contract maximum of $375,000
($125,000 per year) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Probation)
3.12 Agreement with California Family Health Council, Inc. for 2015 Title X Family Planning Program - The
California Family Health Council, Inc. (CFHC) has received a federal grant pursuant to Title X of the
Public Health Services Act for the purpose of providing comprehensive family planning services. CFHC
is authorized and desires to contract with Butte County Public Health as a subrecipient to provide
family planning services to residents within Butte County. The term of the contract is January 1, 2015
through December 31, 2015 in the amount of $100,750. The funds from this contract will augment
the existing family planning program within the Public Health Clinics - action requested - APPROVE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Public Health)
3.13 Comment Letter - Proposal to Designate Over-Snow Vehicle Use within the Lassen National Forest -
(Public Works)
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR
AGENDA. IT WAS NOT ADOPTED AS PART OF THE CONSENT. (REFER TO PAGE 7 OF THIS DOCUMENT.)
3.14 Budget Adjustment for County Service Area 23 - Pleasant Valley Drainage - County Service Area 23,
known as Pleasant Valley Drainage, provides drainage maintenance to 1,916 parcels in the north
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/10/2015
Chico area. Public Works road crews perform major maintenance work within this CSA every three to
four years. This work consists of the clearing of vegetative overgrowth when it threatens the flow
capacity of the drainage channel. The current year's budgeted amount for maintenance was not
sufficient to meet the total expenses incurred from an extensive cleanup effort late last year.
Approval is requested for a budget adjustment in the amount of $5,000 utilizing fund balance from
County Service Area 23 - action requested - APPROVE BUDGET ADJUSTMENT. (4/5 vote required)
(Public Works)
3.15 Butte County Support of Submitting a Regional Application for the 2015 Flood Emergency Response
Program - Recently the California Department of Water Resources (DWR) issued a call for projects for
Round 2 of the Flood Emergency Response (FER) Grant Program. The purpose of the grant is to
provide grant funding for local emergency responders to improve local flood emergency preparedness
and response plans. Under this program DWR will provide financial assistance through a grant
agreement to ensure local agencies have a robust flood emergency plan in place with adequate flood
preparedness and response capacity and resources. In 2013 the Mid/Upper Sacramento River
Regional Flood Management Plan (MUSR RFMP) group applied for a Round 1 grant under this same
program. The region was fortunate to receive a grant to begin the process of developing Flood
Emergency Response plans for many of the jurisdictions in the region. Because the Scoring for the
FER program is heavily weighted toward regional collaboration the Mid/Upper Sacramento Region
once again decided to prepare a Regional Application to further develop and implement the programs
and mapping that were developed as a part of the Round 1 grant. These activities will be of benefit to
all the Jurisdictions in the region that are involved in flood emergency response activities. The Round
2 FER Grant will assist in providing additional resources to implement the Round 1 planned activities.
RD 108 has once again volunteered to act as the grant recipient for the region just as they did for the
Round 1 FER funding. Reclamation District 108 is requesting that each jurisdiction provide a support
letter for this effort - action requested - APPROVE THE LETTER AND AUTHORIZE THE CHAIR TO SIGN.
(Public Works)
3.16 Reduction of Certain Gate Fees - Neal Road Recycling and Waste Facility - At its November 6, 2012
meeting, the Board of Supervisors approved a rate increase for the Neal Road Recycling and Waste
Facility (NRRWF) to be implemented over a 3-year period. The rate increase was part of a two-part
plan to increase revenue at the NRRWF to fund capital improvements identified in a Strategic Plan
(2012-2021) prepared for the NRRWF. Rate increases were to take effect on January 1st of 2013,
2014, and 2015. Rate fee increases were implemented on January 1st of 2013 and 2014. At its
October 21, 2014 meeting, the Board approved waste and recycling collection franchise agreements
for the unincorporated areas. As part of approving the franchise agreements, initial collection rates
were approved based on a study conducted by the County's consultant of collection rates charged in
2014. The franchise agreements include a rate setting methodology for collection fees that is
triggered, in part, by increases in landfill gate fees. Since a landfill fee increase in January 1, 2015
would have triggered an increase in those initial franchise agreement collection rates that were just
set in October, staff decided not to implement the approved gate fee increase on January 1, 2015.
Staff wanted to avoid additional confusion for the public that an increase in collection rates before
the franchise services were even implemented would have created. With the franchise agreements
effective March 1, 2015, the NRRWF will receive additional waste tons (and revenue) that will offset
the fee roll-back. An analysis of the impact of postponing the gate fee increase as it relates to the
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/10/2015
Strategic Plan's revenue model will be performed later this calendar year. Staff will forward a
recommendation to the Board based on that analysis. A Resolution with Exhibit A is included in the
staff report, which reverses the gate fee increase of January 1, 2015 to that implemented January 1,
2014-action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
3.17 Keefe Commissary Network Contract Amendment - Since 2008, the Butte County Sheriff's Office has
contracted with Keefe Commissary Network for inmate commissary services. Keefe provides inmates
with items to purchase as well as maintaining the inmate accounting software and managing secure
mail from persons desiring to send mail to inmates.The Sheriff's Office is currently undergoing a large
software management system installation that will modify the level of services necessary from Keefe.
As the Sheriff's Office is not yet prepared to move all tracking services to the new Jail Management
System (JMS), the need for Keefe's accounting software continues until the JMS is functional. The
Sheriff's Office intended to prepare a Request for Proposal for new commissary services but
recognized it cannot change commissary services until the JMS is operational; commissary ordering is
component of the new system.The Sheriff's Office cannot publish an RFP until it fully understands the
complexity of the need to interface with the new JMS in commissary ordering, inmate fund tracking
and deposits. The Sheriff's Office is requesting a one-year extension through February 27, 2016.
Revenue collected from this contract is deposited to the Inmate Welfare Fund - action requested -
APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER. (Sheriff)
3.18 Forest Advisory Committee -Alternate Member Appointments -The Board of Supervisors established
the Forest Advisory Committee (FAC)to facilitate public involvement and assist the County in its quest
to meet the guiding principles of the Butte General Plan 2030 as it pertains to utilization and
management of public lands. The FAC is comprised of five public members and five alternates
representing the following areas of interest: 1) Agriculture/Timber Management; 2) Recreation-
Motorized; 3) Recreation-Non-Motorized; 4) Environmental & Watershed Management; and 5)
Economic/Tourism. A recruitment was conducted for the FAC, and to date, the County has appointed
five members and two alternates. The Committee has received requests for appointment/letters of
interest from the following individuals who have also been active public participants at monthly FAC
meetings since August: Charlotte Ann Hilgeman and Bob Gage. At its meeting of January 26, 2015,
the FAC voted to submit their names for approval by the Board of Supervisors to fill alternate
positions as follows: Economic/Tourism: Charlotte Ann Hilgeman and Recreation-Non-Motorized:
Bob Gage. The letters of request and the FAC Bylaws, which contain additional detail regarding the
membership of the FAC, are included in the staff report - action requested - MAKE APPOINTMENTS.
(Treasurer-Tax Collector)
3.19 Drought Task Force 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 Drought Task Force (DTF).
The charge of the Drought Task Force 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. On January 17, 2014, Governor Brown declared a statewide drought
emergency and issued an executive order. On January 31, 2014 Butte County activated the 2014
Drought Emergency Operation Center. The 2014 Drought Action Plan is currently in a Level 1
response and has a two week operational periods. The 2014 Drought Action Plan was presented to
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/10/2015
the Board of Supervisors on February 11, 2014. The DTF met on December 8, 2014 to discuss fall
groundwater level measurements, hydrologic conditions and drought impacts. The report of the DTF
was presented to the Butte County Water Commission on January 7, 2015. No formal
recommendations to the Board of Supervisors were made from the DTF or the Water Commission.
The DTF will meet in February unless circumstances warrant holding a meeting sooner - action
requested - NO ACTION REQUIRED. ACCEPT FOR INFORMATION. (Water and Resource Conservation)
3.20 Resolution Recognizing February 2015 as National Teen Dating Violence Prevention and Awareness
Month - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Other
departments or agencies)
REPRESENTATIVES FROM CATALYST DOMESTIC VIOLENCE ACCEPTED THE RESOLUTION
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH EXCEPTION OF ITEMS 3.05 AND 3.13 WHICH WERE
REMOVED FOR DISCUSSION ON THE REGULAR AGENDA. (MOTION: KIRK; SECOND: CONNELLY)
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 (NONE)
(Pursuant to CA State law,the Board is prohibited from taking action on any item not listed on the
agenda.)
4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
4.03 Items Removed from the Consent Agenda for Board Consideration and Action.
A. Item 3.05 - Resolution Regarding Wildfire Mitigation - Rural Counties Representatives of California
(RCRC) requests that the Board of Supervisors consider a resolution addressing catastrophic
wildfires on federal lands.There is an ongoing emergency due to the actual and perceived threat of
wildfire in California. State and local governments have taken many steps to resolve this issue, and
now request that the Governor take a more active role at the federal level to demand that the
United States Forest Service take action in California's federal wild and forest lands to do the
prevention and maintenance work required to mitigate the ongoing and increasing risk of
catastrophic wildfires - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/10/2015
SIGN. (Chief Administrative Office/Supervisor Teeter)
SUPERVISOR KIRK REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
MOTION: I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: KIRK; SECOND:
WAHL)
VOTE: Motion APPROVED 5 -0
B. Item 3.13 - Comment Letter - Proposal to Designate Over-Snow Vehicle Use within the Lassen
National Forest - The Forest Service, U.S. Department of Agriculture has issued a Notice of Intent to
prepare an Environmental Impact Statement (EIS) on a proposal to designate Over-Snow Vehicle
(OSV) use within the Lassen National Forest (LNF) The goal of this proposed project is to designate
LNF system roads, trails, and areas where OSV use will be allowed, restricted or prohibited on
National Forest System roads, National Forest System trails, and Areas on National Forest System
lands within the Lassen National Forest; and to identify snow trails for grooming within the Lassen
National Forest. Requested is an approval of a comment letter to the the Forest Service, U.S.
Department of Agriculture to consider the following on the Notice of Intent to prepare an EIS on the
proposal to designate OSV use within the Lassen National Forest: 1) Remove the prohibition in the
southwest corner of the LNF below 3,500'. The 12" and 6" rule is sufficient in precluding OSV travel
when snowfall is inadequate; 2) Provide alternatives that have expanded groomed OSV trails; and 3)
Analyze the social economic effects of each alternative - action requested - APPROVE LETTER AND
AUTHORIZE THE CHAIR TO SIGN. (Public Works)
SUPERVISOR KIRK REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
MOTION: I MOVE TO APPROVE THE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: TEETER; SECOND:
CONNELLY)
VOTE: Motion carried 4- 1
YEA: Supervisor Lambert, Supervisor Wahl, Supervisor Connelly, Supervisor Teeter
NAY: Supervisor Kirk
4.04 Proposed Revisions to the Zoning Ordinance Regarding Real Estate and Political Signs in the County
Road Right of Way -The Public Works Department has been reviewing the County's Zoning Ordinance
pertaining to the sections on real estate and political signs in the public road right of way. Both of
these sections can be found in Article 20 under section 24-108 "Temporary Signs." The proposed
revisions to the Zoning Ordinance would allow temporary portable "open house" signs to be placed in
the County right of way in a manner that would not create a potential risk to the public health, safety
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/10/2015
and general welfare or injure County property. The proposed draft revisions would also allow non-
portable real estate signs in a County right of way after the application and approval of a minor use
permit/discretionary permit. The existing code allows political signs to be installed no earlier than 90
days prior to an election and removed no later than 7 days following an election. The existing code
prohibits political signs from being placed in the County road right of ways. The proposed revisions to
the Code would allow political signs to be placed in a County right of way in a manner that will not
create a potential risk to the public health, safety and general welfare or injure County property.
Included in the agenda report are the proposed Zoning Ordinance revisions showing deletions as
strike out and additions shown as underlined - action requested - PROVIDE DIRECTION TO STAFF ON
THE PROPOSED ZONING ORDINANCE AMENDMENT. BASED ON BOARD DIRECTION, STAFF WILL
COMPLETE ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) AND SCHEDULE THE ZONING ORDINANCE AMENDMENT FOR CONSIDERATION AT PUBLIC
HEARINGS BEFORE THE PLANNING COMMISSION AND BOARD OF SUPERVISORS. (Public Works)
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS, PROVIDED A REPORT. THE BOARD DIRECTED STAFF TO
DRAFT A ZONING ORDINANCE AMENDMENT REGARDING THE USE OF TEMPORARY REAL ESTATE AND
POLITICAL SIGNS IN THE COUNTY RIGHT OF WAY. THE BOARD REQUESTED THAT THE ORDINANCE
AMENDMENT INCLUDE A MAXIMUM SIZE LIMIT ON THESE TEMPORARY SIGNS.
PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:20 a.m. - Timed Item - Finance Work Team Budget Strategies - In June 2014, the Fiscal Year (FY)
2014-15 recommended budget was presented, including the emergence of a projected gap between
costs and revenues that is anticipated to reach $2 million by FY 2018-19. Since that time the Finance
Work Team has identified budget strategies to increase revenues and reduce costs in the coming
years. The strategies include pursuing vote-by-mail legislation, looking at potential revenue for
unused capacity at the Juvenile Hall, updating the user fee study, investing in energy efficiency and
constraining expenditure growth -action requested -ACCEPT FOR INFORMATION. (Administration)
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT. THIS ITEM WAS FOR
INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN.
5.02 9:25 a.m. -Timed Item - FY 2014-15 Second Quarter Financial Report -The second quarter of FY 2014-
15 ended December 31, 2015. The quarterly financial report provides an update on the national,
state and local economy; summarizes the quarterly analysis of expenditures and revenues; includes
an update on the FY 2015-16 budget outlook; provides an update on cash balances; and reports on
current long-term debt obligations -action requested -ACCEPT FOR INFORMATION. (Administration)
MEEGAN JESSEE, DEPUTY COUNTY ADMINISTRATIVE OFFICER, PROVIDED A REPORT. THIS ITEM WAS
FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/10/2015
5.03 9:35 a.m. - Public Hearing- Updates to the Master Fee Schedule
A. Rescind Resolution 15-011 - Amendments to the Master Fee Schedule - At its meeting on January
27, 2015, the Board of Supervisors adopted Resolution 15-011. The resolution provided for an
adjustment to the county wide fee for providing photocopies to the public, several types of
adjustments to fees charged by the Environmental Health Division of the Public Health
Department, and fee adjustments in the Office of the Clerk-Recorder. After the close of the public
hearing where the fee adjustments were considered and the resolution was adopted, the Board
requested that the fees be reconsidered at the following meeting. Presented for consideration is a
resolution to rescind Resolution 15-011 and, thereby, all amendments to the Master Fee Schedule
contained in it - action requested - ADOPT RESOLUTION RESCINDING RESOLUTION 15-011 AND
AUTHORIZE THE CHAIR TO SIGN. (Board of Supervisors)
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, INTRODUCED THIS ITEM.
MOTION: I MOVE TO ADOPT RESOLUTION RESCINDING RESOLUTION 15-011 AND AUTHORIZE THE CHAIR TO
SIGN. (MOTION: KIRK; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
B. Resolution Updating Master Fee Schedule - Public Health and Clerk-Recorder - The Board of
Supervisors established the Butte County Master Fee Schedule by resolution on March 24, 2009.
Two departments recommend adjustments to the Master Fee Schedule. The Public Health
Department is recommending several types of adjustments to fees charged by the Environmental
Health Division, including clarifications in wording, fee reductions resulting from the addition of
new fee subcategories, and new fees based on changes in state law. The Clerk-Recorder is
recommending adjusting the fees for filing an affidavit to amend a confidential marriage license,
for the release of lien, public agency, and for initial access to the online map indexing program.
Each department has included a memo that explains the recommended adjustments in detail.
Adoption of the fees for new subcategories of services provided by Environmental Health would
reduce departmental revenues by an estimated $12,000 annually, and adoption of new fees made
necessary by changes in State law for services provided by Environmental Health would produce an
estimated $16,500 in revenue for the department annually. Adoption of the fees recommended by
the Clerk-Recorder would result in a minimal increase in departmental revenue -action requested -
ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Administration)
MOTION: I MOVE TO ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: KIRK; SECOND:
TEETER)
VOTE: Motion carried 4- 1
YEA: Supervisor Lambert, Supervisor Wahl, Supervisor Kirk, Supervisor Teeter
NAY: Supervisor Connelly
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/10/2015
C. Resolution Updating Master Fee Schedule - Countywide Fee for Copies - Administration
recommends adjusting the countywide fee for providing routine copies to the public. The current
fee for routine copies is $0.25 for the first page and $0.06 for all subsequent pages of a copy. The
copy fee in the Assessor's Department is currently $1.00 per page. The recommended fee, based
upon analysis of current costs is $0.10 per page. Should the recommended fee be adopted, the
existing copy fee in the Master Fee Schedule pertaining to the Assessor's Department would be
eliminated - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(Administration)
LOUIS JARVIS, SENIOR MANAGEMENT ANALYST, PROVIDED A REPORT. DIANE BROWN, BUTTE
COUNTY ASSESSOR, ANSWERED QUESTIONS REGARDING ASSESSOR FEES FOR COPIES.
MOTION: I MOVE TO ADOPT THE RESOLUTION AMENDING THE FEE FOR COPIES TO BE $0.05 (not $0.10 as
recommended) AUTHORIZE THE CHAIR TO SIGN AND LEAVE THE ASSESSOR'S FEES AT THE ASSESSOR'S
DISCRETION EXCEPT THE FEES OTHER THAN THE ONES SHE DESCRIBED CAN BE UP TO A NICKEL.
(MOTION:WAHL; SECOND: TEETER)
VOTE: Motion APPROVED 5 -0
5.04 10:45 a.m. -Timed Item - Consideration of an Ordinance for Hydraulic Fracturing Ban - At its April 8,
2014 meeting, the Board directed staff to prepare an ordinance banning hydraulic fracturing (fracking)
in Butte County. The Planning Commission reviewed the proposed ordinance banning fracking at its
October 23, 2014 meeting and directed staff to prepare an alternative ordinance banning only the
storage of hydraulic fracturing byproducts. At its December 11, 2014 meeting, the Planning
Commission, after extensive public comment and discussion, voted 2-1 to make no recommendation to
the Board of Supervisors. Staff recommends that the Board of Supervisors waive the first reading of
the ordinance banning fracking in Butte County and adopt the resolution finding the ordinance exempt
from environmental review per the California Environmental Quality Act - action requested - WAIVE
THE FIRST READING OF THE ORDINANCE BANNING FRACKING IN BUTTE COUNTY AND APPROVE
RESOLUTION FINDING PROJECT EXEMPT FROM CEQA. (Development Services)
BRUCE ALPERT, COUNTY COUNSEL, INTRODUCED THIS ITEM. DR. TODD GREENE, A PROFESSOR WITH
THE DEPARTMENT OF GEOLOGICAL AND ENVIRONMENTAL SCIENCES AT CALIFORNIA STATE
UNIVERSITY, CHICO, PROVIDED A PRESENTATION TO THE BOARD.
ROGER WILSON, DEPUTY COUNTY COUNSEL, ANSWERED QUESTIONS FROM THE BOARD. STACY
JOLLIFFE, PRINCIPAL PLANNER WITH DEVELOPMENT SERVICES, PROVIDED A REPORT.
DR. STEVE BOHLEN, HEAD OF THE STATE'S DIVISION OF OIL, GAS, AND GEOTHERMAL RESOURCES
(DOGGR) PROVIDED A REPORT TO THE BOARD. MEMBERS OF THE PUBLIC WERE ALLOWED TO ASK DR.
BOHLEN CLARIFYING QUESTIONS.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/10/2015
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: KATHY BRAZIL; LINDSEY
MCDONNELL; DAVE GARCIA; SUSAN GRIFFIN; TASHA LEVINSON; BOB ALVAREZ; LUPE ARIM-LAW; DAN
LEVINE; GRACE MARVIN; ROBYN DIFALCO; WOLFGANG ROUGLE; MICHAEL SMITH; BOB WOODS; DIANA
FOGEL; JOHN ROBINSON; SHARON FRITSCH; WILLIAM BYNUM; JENNIFER SMITH; TIA LEBHERZ; KEVIN
KILLION; ERIC CHISLER; MARTY DUNLAP; MATIAS CAMPUUBI-SOMS; LORETTA TORRES; STEVE
THOMPSON; JACOB DAVIS; MARIA KAZMINA; RYAN TURNER; CHARLOTTE ANN HIGLEMAN; ROBERT
EBERHARDT; DOUG FOGEL; COLLEEN CECIL; BRIAN HAMMAN; KAREN DUNCANWOOD; JOHN SCOTT;
JOE GORBEA(SP? - NO CARD SUBMITTED);JESSEE (NO CARD SUBMITTED).
MOTION: I MOVE TO WAIVE THE FIRST READING OF THE ORDINANCE BANNING FRACKING IN BUTTE COUNTY
AND APPROVE RESOLUTION FINDING PROJECT EXEMPT FROM CEQA. (MOTION: KIRK)
MOTION FAILED TO CARRY FOR LACK OF SECOND.
THE BOARD PROVIDED THE FOLLOWING DIRECTION TO STAFF: PREPARE A ZONING ORDINANCE
AMENDMENT TO REQUIRE A CONDITIONAL USE PERMIT FOR FRACKING AND TO PREPARE A SEPARATE
ORDINANCE TO REQUIRE A USE PERMIT OR AN OUTRIGHT BAN ON ANY TYPE OF INDUSTRIAL WASTE.
THE BOARD REQUESTED THE ORDINANCE RELATED TO INDUSTRIAL WASTE RETURN TO THE BOARD AS
QUICKLY AS POSSIBLE.
BOARD OF SUPERVISORS PUBLIC COMMENT(each speaker limited to five minutes)
DAN LEVINE ADDRESSED THE BOARD.
Recess
Recessed as the Butte County Board of Supervisors and convened as the Butte County Public Facilities
Financing Corporation
PAGE 11
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/10/2015
BUTTE COUNTY PUBLIC FACILITIES
FINANCING CORPORATION
MINUTES
FEBRUARY 10, 2015
1. CALLTO ORDER- Butte County Board of Supervisors Chambers, 25 County Center Drive, Oroville.
Members present: Supervisors Connelly, Wahl, Kirk, Lambert and Teeter
2. CONSENTAGENDA
2.01 Annual Meeting -Approval of Minutes and Appointment of New Officers - The Butte County Public
Facilities Financing Corporation ("BCPFFC") was formed on November 9, 1993. The Board of
Directors of BCPFFC consists of the same individuals comprising the Board of Supervisors of Butte
County. The Board of Directors of BCPFFC must hold an annual meeting, for the purpose of
organization and the transaction of other business, following the first scheduled County Board of
Supervisors' meeting in February of each year. Consistent with Section 5.01 of the Amended Bylaws
of the BCPFFC dated February 14, 2012,the Certificate of Authorized Officers appoints Doug Teeter,
President; Maureen Kirk, Vice President; Bill Connelly, Secretary/Treasurer; and Sang Kim, Deputy
Administrative Officer, Meegan Jessee, Deputy Administrative Officer, and Joanne Wilson,
Management Analyst, as Lessee Representatives for BCPFFC, to sign written instructions, consents,
certificates, etc. on behalf of the BCPFFC. Sections 4.02 and 4.06 of the Amended Bylaws have been
amended by substituting the County Chief Administrative Officer or designee in place of Chief
Financial Officer. The position of Chief Financial Officer no longer exists. A bi-annual Statement of
Information, providing the names of the current corporate officers, must be filed with the California
Secretary of State during the period July 1, 2015, to November 30, 2015 - actions requested - 1)
APPROVE THE FEBRUARY 11, 2015 BCPFFC MINUTES; 2) APPROVE THE CERTIFICATE OF
AUTHORIZED OFFICERS AND AUTHORIZE THE PRESIDENT TO SIGN THE TWO COPIES; 3) APPROVE
THE AMENDED BYLAWS OF THE BCPFFC AND AUTHORIZE THE PRESIDENT TO SIGN; AND 4)
APPROVE THE FILING OF THE STATEMENT OF INFORMATION WITH THE CALIFORNIA SECRETARY OF
STATE.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. (MOTION: KIRK; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
3. REGULAR AGENDA(NO Items)
4. CLOSED SESSION (No Items)
S. PUBLIC COMMENT(each speaker limited to five minutes) (NONE)
ADJOURNMENT
Adjourned as the Butte County Public Facilities Financing Corporation and convened as the In-Home
Supportive Services Public Authority Board.
PAGE 12
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/10/2015
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MINUTES
FEBRUARY 10, 2015
1. CALLEDTOORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
Members present: Supervisors Connelly, Wahl, Kirk, Lambert and Teeter
2. CONSENTAGENDA (No Items)
3. REGULARAGENDA (No Items)
4. PUBLIC COMMENT
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: WILL HIRST; CHARLES WILSON; ANA ALSTON;
JANET BAUTISTA; PATRICK MACE; EVAN LEVANG; CONNIE GRAHAM; KAREN DUNCANWOOD; BEV
HAMILTON; AND ARTHUR LEMNER.
S. CLOSED SESSION -ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEM:
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATOR: CATHI GRAMS,JACK HUGHES& BRIAN RING
EMPLOYEE ORGANIZATION: CUHW
(This closed session was held contemporaneously with the Board of Supervisors closed session)
THERE WERE NO ANNOUNCEMENTS FROM CLOSED SESSION.
ADJOURNMENT
Adjourned as the In-Home Supportive Services Public Authority Board and reconvened as the Butte
County Board of Supervisors.
PAGE 13
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/10/2015
BOARD of SUPERVISORS CLOSED SESSION-ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
7.01 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54956.8:
PROPERTY APN: 040-600-081
AGENCY NEGOTIATOR: GRANT HUNSICKER
NEGOTIATING PARTY: BILL BROUHARD
NEGOTIATIONS: TERMS AND CONDITIONS OF CONVEYANCE
7.02 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
7.03 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 2 CASES:
a) SILVER v. ARRIAGARAZO, ARRIAGA-RODRIGUEZ; ARRIAGA-RODRIGUEZ v. COUNTY OF BUTTE,
ET. AL.; BUTTE COUNTY SUPERIOR COURT CASE NO. 161863; AND
b) b.JACQUELINE DEVLIN v. BUTTE COUNTY AND MICHAEL SANDERSON; BUTTE COUNTY
SUPERIOR COURT CASE NO. 163271.
THERE WERE NO ANNOUNCEMENTS FROM CLOSED SESSION.
THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD
THE MEETING WAS ADJOURNED AND WILL RECONVENE AT
A REGULAR MEETING OF THE BOARD TO BE HELD
FEBRUARY 24, 2015.
DOUG TEETER, CHAIR
ATTEST: BUTTE COUNTY BOARD OF SUPERVISORS
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
PAGE 14