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HomeMy WebLinkAboutM021213 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/12/2013 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. CORRECTIONS AND/OR CHANGES TO THE AGENDA. (NONE) 1303-001 CONSENT AGENDA 1. Northern Valley Catholic Social Service (NVCSS) - NVCSS provides low-cost or free mental health, housing, vocational and support services to individuals and families in California's Northern Sacramento Valley. The Butte County Department of Behavioral Health (BCDBH) requests approval to amend the agreement with NVCSS for Perinatal Mood and Anxiety Disorder counseling. NVCSS already provides mental health services to eligible women through this contract, and with this amendment, medication support services will also be added. The maximum financial obligation under this agreement shall not exceed $99,912.48, an increase of $36,996.48 (department budget utilizing Federal Medi-Cal revenue and funding from Butte County First 5 Children and Families Commission) 2. Richvale Recreation and Park District - No one filed a declaration of candidacy for the November 6, 2012 General Election to fill any of the three vacant seats on the District's Board of Directors. All of three of the terms ended December 7, 2012. Two of the vacant seats are for 4-year terms to end December 2, 2016, and other vacant seat is for a 2-year term to end December 5, 2014. Government Code section 1780 (g)(1) provides that the Board of Supervisors appoint a qualified person within 90 days of the date the District Board was notified of a vacancy or the effective date of the vacancy, whichever is later. It is requested the Board appoint Audrey G. Stephens and Gregory A. Stephens to terms to end December 2, 2016 and appoint Mike Felkins to a term to end December 5, 2014 3. Kimshew Cemetery District - Supervisor Teeter nominates Hildy Langewis to fill a vacant Trustee seat on the Kimshew Cemetery District Board.The term will end July 1, 2016. 4. Butte County Fair Association By-Laws - On December 12, 2012, while considering a number of items regarding the Butte County Fair Association (Association),the Board of Supervisors requested that the Association consider amending its By-Laws to allow District 4 appointments to include residents from anywhere in the County and not just within District 4. The Board of Directors of the Association considered and approved the change at its January 15, 2013 meeting. 5. Budget Adjustment - The Board of Supervisors authorized the Information Systems Department and the Butte County Office of Emergency Management to apply for funding under the Fiscal Year 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/12/2013 Interoperable Emergency Communications Grant Program. This funding is being used for interoperable communications systems planning activities to benefit the 18 counties that comprise the Northern Planning Area of California (NPAC), which include Butte, Colusa, Del Norte, Glenn, Humboldt, Lake, Lassen, Mendocino, Modoc, Nevada, Plumas, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity and Yuba. Additional funding of $15,917 from this grant program has become available for Butte County to put towards a planning document to serve as a guide for the NPAC Regional Program Management Office operations to continue. 6. Amendment 1 to Agreement with AMEC Environment & Infrastructure (AMEC) to Update the Multi- Jurisdiction All Hazard Mitigation Plan - The Board of Supervisors authorized the agreement with AMEC Environment& Infrastructure to update the Multi-Jurisdiction All Hazard Mitigation Plan after a selection panel was assembled to select the best consultant within the budget constraints of the 2008 Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) grant. This amendment to the agreement covers additional effort required by the contractor to complete the plan for submittal to the California Emergency Management Agency (Cal EMA) and the Federal Emergency Management Agency (FEMA). Significant time was required to obtain and utilize the updated Digital Flood Insurance Rate Maps and levee status data developed by FEMA. It took substantial coordination between the County, FEMA and the Contractor to identify, reconcile and analyze the date required to support both the flood and levee hazard analysis. Also,two additional jurisdictions (Paradise Irrigation District and Thermalito Water and Sewer District) joined the planning process as participating jurisdictions necessitating the development of two additional plan annexes. The term of the agreement remains the same, with a $15,427.50 increase in cost bringing the not-to-exceed price of the agreement to $91,727.50. 7. Reimbursement of Overpayment for Winter Storms 2005-2006 Disaster Assistance - In December 2005-January 2006, Butte County experienced extensive flooding and became eligible for state and federal disaster relief funds under FEMA DR-1628. The Butte County Office of Emergency Management (OEM) filed for disaster assistance with FEMA and the State of California on behalf of Butte County for reimbursement of estimated storm damage projects. Under disaster assistance guidelines, FEMA and the State provide advance funding based on cost estimates for projects estimated to cost less than $60,000 to support local governments for disaster recovery activities. The advance of funds from federal and state agencies is to ease the financial burden on local governments and to allow for a more timely recovery. Butte County, FEMA and the State estimated the amount to complete the necessary projects and the County received advance payment. Butte County was able to complete all the projects for $137,545 less than the approximately $1.5 million received. The final close-out audit of the disaster assistance funding for small projects has been completed, and the State has requested the County return the $137,545. Cal EMA has invoiced Butte County for the funds. The funding was absorbed into the General Fund in FY 05-06 and FY 06-07 and, therefore, must be transferred out of the General Fund Appropriation for Contingencies. After this transfer, the Contingency balance will be approximately$3.9 million. 8. Debra Lucero &Associates-On July 10, 2007 the Board of Supervisors approved a three-year contract with Debra Lucero & Associates for the implementation of the countywide tourism and marketing program funded in part by unincorporated area transient occupancy taxes. On July 27, 2010 the Board of Supervisors approved a one-year extension of the contract through July 31, 2011. On October 11, PAGE 2 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/12/2013 2011 the Board of Supervisors approved an extension of the contract through January 31, 2013 in order to provide tourism marketing services while the County developed a Countywide Tourism Development Strategy funded through the Community Development Block Grant (CDBG) Planning and Technical Assistance grant. The countywide tourism and marketing program includes development of a marketing video for the California State Capitol display. Amendment 4 to the Professional Services Agreement modifies the Scope of Work for the California State Capitol display to expand the video footage and graphic display. Staff recommends approval of Amendment 4 to the Professional Services Agreement to increase the contract $8,000 to expand the Scope of Work and extend the completion date to March 31, 2013. Funds are available in the Department budget to fund the increase in the contract. 9. Certification of Statement of Votes Cast - Candace J. Grubbs, County Clerk-Recorder/Registrar of Voters, submits the Certification of the Statement of Votes Case for the Special General Election held in Butte County on January 8, 2013, pursuant to California Elections Code Section 15372. 10. Butte County Association of Governments' Revised Conflict of Interest Code - Butte County Association of Governments (BCAG) has reviewed its Conflict of Interest Code and determined that it is in need of revision pursuant to Government Code section 87306. BCAG has provided both a clean copy and and underlined copy of its amended Conflict of Interest Code pursuant to Gov. Code Sec. 87306(a) as well as its 2012 Local Biennial Notice in compliance with Gov. Code sec 87306(b). County Counsel has reviewed the attached Amendment and Biennial Notice and believes it to be proper. - 11. Notice of Completion for Bloomer Communication Tower and Budget Adjustment for Information Systems Climate Control Project - Construction began on the Bloomer Communication Tower immediately following the award of contract by the Board of Supervisors for construction on February 14, 2012. As funding became available, the project was constructed in phases with the Board approving the first amendment to contract on April 24, 2012, and the final contract amendment on June 26, 2012. The project construction, handled by L.D.Strobel, Inc., is now complete and in accordance with the approved plans and specifications with a total contract cost of $248,361 and approximately$73,000 under budget. Additional computer equipment installed in the past year in the Information Systems office located at 308 Nelson, in Croville, has caused significant overheating that is anticipated will reach critical levels in the upcoming summer months. Staff recommends that $65,000 from the Bloomer Communications Tower Capital project budget, now complete, be moved to the 308 Nelson Climate Control Project to enable General Services to work with Information Systems to complete design and installation of adequate climate controls. 12. Revision to Resolution for Employer Paid Member Contributions (EPMC) for Butte County Superior Court Employees - Prior to 2001, Court employees were employees of Butte County. In 2001, the State passed the Trial Court Employment Protection and Governance Act, which removed the Court employees from the County service and established the Court as the employer. Today, the Court, not the County is responsible for negotiations with employee unions, establishing pay rates, providing benefits and all other employment decisions and actions related to Court employees. The County has no standing or role in Court employment, with one exception. Court employees remain under the County's contract with CalPERS for retirement. Changes made to retirement formulas automatically impact Court employees. However, decisions by the County or vice versa to change the percentage of PAGE 3 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/12/2013 EPMC paid and the subsequent reporting of it does not affect Court employees. Pursuant to CalPERS regulations, CalPERS requires that the Governing Board that holds the contract with CalPERS adopt and transmit a resolution related to an employer's change in the EPMC. Beginning June 22, 2013, the Court will change the EPMC for its employees that are defined as "classic members" by the Public Employment Pension Reform Act (PEPRA) from 7%to 3.5%. The approved Board of Judges Resolution #2012004 that adopts this change is included in the staff report as Attachment"A." 13. Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance for the following departments: Auditor-Controller. These changes will leave the total County allocations unchanged. Auditor-Controller: - The Auditor-Controller's Office is requesting to delete five (5) flexibly staffed positions of Accounting Specialist/Account Clerk, Senior/Account Clerk and add five (5)flexibly staffed positions of Financial Technician, Senior/Financial Technician/Accounting Specialist. In addition, the office requests to delete one (1) flexibly staffed position of Accountant, Senior/Accountant and add one (1) flexibly staffed position of Auditor-Accountant, Senior/Auditor-Accountant/Auditor- Accountant, Associate. These changes will bring consistency in the Department's positions and better meet the current and future needs of the department. This change will leave the total allocations in the department unchanged and will have no net fiscal impact on the County General Fund. 14. Enloe Medical Center - Under a contract with the County, Sierra-Sacramento Valley Emergency Medical Services (EMS) acts on behalf of the County as the Local Emergency Medical Services Agency (LEMSA). Sierra-Sacramento Valley EMS (SSV) is in the process of completing a Request for Proposal (RFP) process to determine the provider of ambulance services throughout Butte County.The process is scheduled to be completed and implemented by July 2013. The area within CSA No. 37- Gridley/Biggs Ambulance Service is included within the area to be covered under the RFP. At the conclusion of the RFP process, the selected ambulance service provider will provide services to residents within CSA No. 37. In order for services to continue without interruption until the process is complete, the department requests the approval of a contract with Enloe Medical Center to provide ambulance services to residents within the boundaries of CSA No. 37-Gridley/Biggs Ambulance Service. The current agreement to provide services in Gridley/Biggs expired on December 31, 2012. The Department is requesting the contract be amended to extend services from January 1, 2013 to July 31, 2013, at which time the services for Gridley/Biggs will be incorporated into the new agreement for ambulance services in Butte County. The maximum amount payable will remain unchanged at$5,000 per month, with a total amount payable under the amended contract of$35,000 (department budget utilizing CSA 37 funds). 15. Accularm Security Systems -The Public Works Department has maintained a security system for many years at its main office at 7 County Center Drive. In the past year, there have been numerous incidents of vandalism and vehicle break-ins at the Oroville Public Works Yard at 9 County Center Drive (Yard). This has resulted in repair costs of nearly $20,000 for various County departments whose vehicles were vandalized at the Yard. In an attempt to make the Yard more secure, Public Works seeks to install a security system for the building and the Yard at 9 County Center Drive. Securing a large outdoor area will require a "beam" system that can detect large objects crossing multiple beams at the same time. The motion sensors and keypads at each entry will maintain PAGE 4 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/12/2013 security at the gates and doorways. Public Works has had long-lasting and satisfactory security services with Accularm and, therefore, wishes to retain the same company for services at 9 County Center Drive. The Road Fund Contingency can cover the costs of installation of this system, estimated at$39,364. 16. Treasury Oversight Committee Appointment Confirmation - Butte County Treasury Oversight Committee - pursuant to Resolution 96-43, and Government Code Section 27131, the Treasurer has nominated, and is requesting the Board confirm, the appointment of Mark Milburn, District Accountant for the Paradise Recreation & Parks District, as the Butte County Special Districts Association representative to the Butte County Treasury Oversight Committee. A copy of the letter of recommendation from the Butte County Special Districts Association is included in the staff report. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. (MOTION: KIRK; SECOND: LAMBERT) VOTE: Motion APPROVED 5 -0 REGULAR AGENDA Boards, Commissions and Committees 1303-002 Appointments to Listed Vacancies MOTION: I MOVE TO APPOINT PAT BRICE, MARY LOU JOHNSON, PENNY LOUTON, AND JEFF WANNEE TO THE BUTTE COUNTY LIBRARY ADVISORY BOARD. (MOTION: WAHL; SECOND:TEETER) VOTE: Motion carried 4- 1 YEA: Supervisor Lambert, Supervisor Wahl, Supervisor Connelly, Supervisor Yamaguchi NAY: Supervisor Kirk 1303-003 Board Member or Committee Reports SUPERVISOR TEETER REPORTED ON A MEETING OF THE FIRE SAFE COUNCIL. 1303-004 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. PAGE 5 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/12/2013 PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT. DR. MARK LUNDBERG, BUTTE COUNTY PUBLIC HEALTH, PROVIDED A REPORT TO THE BOARD REGARDING THE FLU THAT HAS BEEN GOING THROUGH BUTTE COUNTY. 1303-005 General Plan Follow-Up and Implementation by Director of Development Services. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORTTO THE BOARD. 1303-006 Review of Behavioral Health Programs, Funding and Administration - The department will be presenting information on the programs, staffing,funding and administration of Behavioral Health. The accomplishments of the department and the challenges in the changing behavioral health care realm will also be covered. ANNE ROBIN, DIRECTOR OF BEHAVIORAL HEALTH PROVIDED A REPORTTO THE BOARD. THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN. 1303-007 Timed Item - Update of Activities of the Sutter Butte Flood Control Agency (SBFCA) - Mike Inamine, Executive Director of the SBFCA will update the Board on its activities over the last year. SBFCA has had a number of staffing changes and has made significant progress on its proposed projects design, right of way, environmental clearance and permitting. SBFCA has provided the attached Power Point presentation to guide the presentation and discussion. TOM FOSSUM FROM BUTTE COUNTY PUBLIC WORKS PROVIDED A REPORT TO THE BOARD. REPRESENTATIVES FROM THE SUTTER BUTTE FLOOD CONTROL AGENCY PROVIDED A REPORT. THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN. 1303-008 Continued Public Hearing - Tentative Parcel Map TPM 02-23 Larry Bradley - At the January 29, 2013 Board of Supervisors meeting, a public hearing to consider an appeal of the denial of the application for Tentative Parcel Map TPM 02-23 (Larry Bradley) was continued to today's meeting. Staff is requesting a further continuance of the public hearing until the Board meeting of Tuesday, February 26, 2013, at 9:30 a.m. to allow staff time to review the past actions by the Board regarding this application. MOTION: I MOVE TO CONTINUE THE HEARING OPEN UNTIL THE BOARD MEETING ON TUESDAY, FEBRUARY 26, 2013, 9:30 A.M. (MOTION: CONNELLY; SECOND: LAMBERT) VOTE: Motion APPROVED 5 -0 PAGE 6 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/12/2013 1303-009 Chico Urban Area Nitrate Compliance Program Update -The Chico Urban Area Nitrate Compliance Program (Nitrate Program)was developed in response to the Central Valley Regional Water Quality Control Board's (Regional Board) Prohibition Order No. 90-126 issued on April 27, 1990, which prohibited waste discharges from individual septic systems within the Chico Urban Area. The Order affects nearly 12,000 dwelling units. The discharge from individual septic systems has been cited by the Regional Board as the primary source of groundwater nitrate contamination, a form of nitrogen, which exceeds drinking water standards set by the U.S. Environmental Protection Agency and the State Water Resources Control Board (State Board).The County of Butte, City of Chico, and former Chico Redevelopment Agency (RDA) worked together to find a means to provide public sewer facilities to which citizens could connect in order to comply with the Prohibition Order. Project planning costs have been funded with County Service Area 114 revenue dedicated to this project. The costs of construction will be funded with a $38 million loan from the State Water Resources Control Board, which will be repaid with tax increment revenue received by the former Chico RDA. This loan has already been approved through the Clean Water State Revolving Fund which is dedicated to addressing water quality issues. Staff will provide an update to the Board of Supervisors about the ongoing implementation of the Nitrate Program including: completed phases of sewer construction, public outreach and education about public sewer facilities, sewer connections in the project areas and groundwater monitoring efforts. CASEY HATCHER, PROGRAM DEVELOPMENT MANAGER PROVIDED A REPORT. THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN. 1303-010 Fiscal Year 2012-13 Second Quarter Financial Report - The Fiscal Year 2012-2013 Second Quarter Financial Report provides economic, expenditure, revenue, cash balance, long-term debt and summary information from the first six months of the fiscal year. The report includes tables and graphs of historical data to help provide context and demonstrate trends in the economy, expenses, revenues, and balances. GREGORY G. ITURRIA, CHIEF FINANCIAL OFFICER, PROVIDED A REPORT. THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN. PUBLIC COMMENT (each speaker limited to five minutes) (NONE) RECESS: THE BOARD RECESSED AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND CONVENED AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD. PAGE 7 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/12/2013 IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD FEBRUARY 12,2013 MINUTES CALL TO ORDER—Butte Board of Supervisors Room, 25 County Center Drive, Oroville Members present: Connelly, Wahl, Kirk, Lambert and Teeter 1303-001 CONSENT AGENDA 1. Successor Memorandum of Understanding (MOU), Butte County In-Home Supportive Services Public Authority -Over the last several months,the Public Authority bargaining team for the Butte County In-Home Supportive Services Public Authority (IHSS) have met and conferred over a new MOU with the California United Homecare Workers Union (CUHW). CUHW has ratified the terms of the jointly agreed-to revised MOU that will supersede and replace the MOU that expired on September 30, 2012. The term of the new MOU begins October 1, 2012 and will be in effect until the State of California assumes responsibility for labor relations. This will be the final MOU between the Public Authority and CUHW and the MOU includes no retroactive benefits. The MOU includes a $0.50 per hour increase in compensation for covered providers (workers), effective approximately March 1, 2013, or as soon thereafter as the State of California can effectuate the changes in their payroll system. The cost of the wage increase in this MOU is cost-neutral to the IHSS budget. The Public Authority has received an increase in Federal funding from the Community First Choice Option (CFCO) program and has chosen to keep those savings within the program. The cost of the wage increase will not increase overall costs due to the CFCO offset. No Butte County General Fund dollars are being accessed for this increase in wages. The new MOU also includes a provision that if health insurance premiums increase, the cost will not be the responsibility of the Public Authority. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. (MOTION: KIRK; SECOND: WAHL) 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 CONVENED AS THE PUBLIC FACILITIES FINANCING CORPORATION BOARD OF DIRECTORS. PAGE 8 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/12/2013 PUBLIC FACILITIES FINANCING CORPORATION BOARD OF DIRECTORS FEBRUARY 12,2013 MINUTES CALL TO ORDER—Board Of Supervisors Room, 25 County Center Drive, Oroville Members present: Connelly, Wahl, Kirk, Lambert and Teeter 1301-001 CONSENT AGENDA 1. 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 4.02 of the Amended Bylaws, the Certificate of Authorized Officers appoints Bill Connelly, President; Maureen Kirk, Vice President; Steve Lambert, Secretary/Treasurer; and Gregory G. Iturria, Chief Financial Officer, Thomas F. Limper, Deputy Chief Financial Officer, and Joanne Wilson, Financial Analyst,the Lessee Representatives for BCPFFC. MOTION: I MOVE TO APPROVE THE MINUTES OF FEBRUARY 14, 2012 AND APPOINT BILL CONNELLY, PRESIDENT; MAUREEN KIRK, VICE PRESIDENT; STEVE LAMBERT, SECRETARY/TREASURER; AND GREGORY G. ITURRIA, CHIEF FINANCIAL OFFICER, THOMAS F. LIMPER, DEPUTY CHIEF FINANCIAL OFFICER, AND JOANNE WILSON, FINANCIAL ANALYST,THE LESSEE REPRESENTATIVES FOR BCPFFC. (MOTION: KIRK; SECOND WAHL) VOTE: Motion APPROVED 5 -0 PUBLIC COMMENT(each speaker limited to five minutes) (NONE) ADJOURNMENT: ADJOURNED AS THE PUBLIC FACILITIES FINANCING CORPORATION BOARD OF DIRECTORS AND RECONVENED AS THE BUTTE COUNTY BOARD OF SUPERVISORS. PAGE 9 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/12/2013 1303-011 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS: 1. ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a): 3 CASES 1 LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO SUPERIOR COURT CASE NO. 016338; AND 3. COUNTY OF BUTTE, COUNTY OF PLUMAS v. DEPARTMENT OF WATER RESOURCES,YOLO CO. SUP. CT CASE NO: CV09-1258. 2. INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (c) - 1 POTENTIAL CASE: US FOREST SERVICE/PLUMAS NATIONAL FOREST TRAVEL MANAGEMENT PLAN. 3. PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER 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 THERE WERE NO ANNOUNCEMENTS FROM CLOSED SESSION. PAGE 10 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 2/12/2013 1303-012 1:00 p.m. -Timed Item Medical Marijuana Cultivation Ordinance - Pursuant to the Board's direction of August 28, 2012, presented for consideration is an ordinance regulating the cultivation of medical marijuana within the unincorporated area of the County. The proposed ordinance would impose civil regulations governing the manner in which cultivation is conducted. This proposed ordinance is the result of a staff/elected officials/citizens committee established for the purpose of developing a medical marijuana cultivation ordinance. THE FOLLOWING COMMITTEE MEMBERS ADDRESSED THE BOARD: ROB MCKENZIE, PATRICIA VANCE, MATT LARKINS, SCOTT ARMSTRONG, AND ANDREW MERKEL. THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: LOU ROTAR, FRANK GOMEZ, BONNIE MASARICK, RICK TOGNOLI, CHRIS NICODEMUS, MAXINE MALTA, JIM ? , KELLY MEAGHER, WILLIAM MORGAN, RAY DEPENBROCK, STEPHANIE TABER, DAN LEVINE, CANDACE GRUBBS, PAUL CARNER, WILLIAM TRINAMAN, JERRY ALUDIARA, DONNA KORBY, THOMAS WAHL, GARY NORDSTROM, JILL CLARKSON, BOB EVANS, BOB KORBY, PATRICIA LUTSEER, AND HARVEY RENTHIER. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES AND DISTRICT ATTORNEY MIKE RAMSEY ANSWERED QUESTIONS FROM THE BOARD. SHERIFF JERRY SMITH ADDRESSED THE BOARD. MOTION: I MOVE TO ADOPT TEHAMA COUNTY'S ORDINANCE (RELATED TO MARIJUANA CULTIVATION) IN BUTTE COUNTY. (MOTION: WAHL. MOTION FAILED TO CARRY FOR LACK OF SECOND ) MOTION: I MOVE TO WAIVE THE FIRST READING OF THE ORDINANCE INCORPORATING THE DIRECTION PROVIDED TO STAFF AT THIS HEARING. (MOTION: LAMBERT; SECOND: TEETER) VOTE: Motion carried 4- 1 YEA: Supervisor Lambert, Supervisor Connelly, Supervisor Kirk, Supervisor Teeter NAY: Supervisor Wahl 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 26, 2013. PAGE 11