HomeMy WebLinkAboutM022211BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES
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February 22, 2011
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County Supervisors
Bill Connelly, District 1
Larry Wahl, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Kim Yamaguchi, District 5
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
Bruce Alpert, County Counsel
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 22, 2011
Called to order at 9:05 a.m. in the Board of Supervisors Room, County Administration Building, 25
County Center Drive, Oroville. Supervisors present: Connelly, Wahl, Kirk, Yamaguchi, and Chair
Lambert. Also present: Paul Hahn, Chief Administrative Officer; Bruce Alpert, County Counsel; and
Kathleen Moghannam, Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
1104-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
1. Letter to Sierra Nevada Conservancy -letter in support of the California Fire Safe Council's
request to the Sierra Nevada Conservancy to allocate $3 million of remaining Proposition 84
funds to fund coordinators for Fire Safe Councils throughout California -action requested -
APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN.
SUPERVISOR YAMAGUCHI REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA
FOR DISCUSSION ON THE REGULAR AGENDA.
2. Secure Rural Schools and Community Self-Determination Act Letter -The Secure Rural Schools
and Community Self-Determination Program provides funding to eligible counties, through the
U.S. Forest Service, to create employment opportunities through projects which implement
stewardship objectives that enhance forest ecosystems, restore and improve land health and
water quality. In order to access the Title II portion of these funds the U.S. Forest Service must
follow a prescribed process. However, the Forest Service has not been able to complete the
process. Subsequently, the community is at risk of losing these funds. Board approval is
requested to authorize a letter to Congressman Wally Herger requesting congressional
assistance to finalize the process -action requested -APPROVE LETTER AND AUTHORIZE THE
CHAIR TO SIGN.
SUPERVISOR YAMAGUCHI REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA
FOR DISCUSSION ON THE REGULAR AGENDA.
3. Update of General Plan 2030 Process by Director of Development Services
THIS ITEM WAS REMOVED FROM THE AGENDA. THERE WAS NO UPDATE PROVIDED.
Board of Supervisors Minutes PAGE 1
February 22, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
1104-002 CONSENT AGENDA
MINUTES -FEBRUARY 22, 2011
1. Charis Youth Center -agreement with Charis Youth Center for intensive day treatment
services and medication support services for emotionally disturbed adolescents. The term
of the agreement is December 1, 2010 through June 30, 2011 with a maximum amount
payable of $29,951.42 (department budget utilizing State and Federal Medi-cal funding) -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health)
2. LocumTenens.Com, LLC -amendment to the agreement with LocumTenens.Com, LLC for
the services of a contract psychiatrist at the Butte County Psychiatric Health Facility. The
amendment increases the maximum amount payable by $106,000 (department budget
utilizing State and Federal Medi-Cal funding) -action requested -APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health)
3. Michael Hitchko, Ph.D. -amendment to the agreement with Michael Hitchko, Ph.D. for
psychological services. The amendment increases the maximum amount payable by
$12,112.50 (department budget utilizing Realignment, MHSA, State and Federal Medi-Cal
funds) -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Behavioral Health)
4. BHC Heritage Oaks Hospital, Inc. -agreement with BHC Heritage Oaks Hospital, Inc. for
inpatient psychiatric hospitalization services for clients referred by the Butte County
Department of Behavioral Health. The term of the agreement begins upon date of
agreement execution through June 30, 2011. Under this agreement, approximately 10
clients will be served. Butte County Realignment funding will be directly offset by the
California State Department of Mental Health for hospital claims as they are processed -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health)
5. Tri-County Treatment -amendment to the agreement with Tri-County Treatment for drug
rehabilitation services. The amendment decreases the maximum amount payable by
$17,256.01 -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Behavioral Health)
6. Dease Group Consulting -amendment to the agreement with Dease Group Consulting for
updates to the All-Hazards Emergency Operations Plans for the City of Oroville and the
Town of Paradise. The amendment extends the term of the agreement through March 1,
2012 and increases the maximum amount payable by $45,350 (department budget
utilizing State Homeland Security grant funds) -action requested -APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Chief Administrative Office)
Board of Supervisors Minutes PAGE 2
February 22, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 22, 2011
7. Approval of Minutes -submitted are the minutes of January 25, 2011 -action requested -
APPROVE MINUTES. (Chief Administrative Office)
8. Butte County Community Wildfire Protection Plan (CWPP) Proiect List Update -The Butte
County CWPP Appendix A Project List was last updated and approved on July 13, 2010.
Projects listed have an advantage when being considered for grant funding. Ten new
projects have been proposed to be added to Appendix A for inclusion in the 2011 grant
cycle -action requested -ACCEPT THE BUTTE COUNTY CWPP APENDIX A PROJECT LIST TO
INCLUDE 2011 PROPOSED PROJECTS AND AUTHORIZE THE CHAIR TO SIGN. (Fire)
9. Discount Mail Service, Inc. -agreement with Discount Mail Service for discounted postage
and other mail services for Butte County. The term of the agreement is January 1, 2011
through December 31, 2013. The department projects that this agreement will save
approximately $45,000 this fiscal year -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (General Services)
10. Enloe Medical Center -agreement with Enloe for lease of a 729 square foot server and
systems room at 560 Cohasset Road, Chico. The department's Support, Employment,
Assistance, Recovery and Consumer Housing (SEARCH) program and the Chico Adult
Outpatient Services (CROPS) program will be relocating to this location in the near future.
The term of the lease is March 1, 2011 through September 30, 2020 with a monthly lease
payment of $583.20 ($0.80 per sq. ft.) -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (General Services)
11. Contract Award and Budget Adjustments for Jail Security System -The County is in the
process of replacing the main jail security system, which includes replacement of Module
One due to non-performance by the original contractor and installation of Module Two
that will provide enhanced central control. The total cost of the project is $1,120,745, not
including litigation costs, with anticipated funding of $664,804 from the performance
bond that is currently being litigated (already included in budget), $210,000 from the
inmate welfare fund (budget adjustment requested), and $329,956 from the General Fund
Appropriation for Contingencies (budget adjustment requested). The requested $329,956
includes $84,015 that has been incurred by the County in support of the litigation. After a
comprehensive solicitation, P2 ABC Controls has been identified as the most capable firm
for the installation of both Module One and Two. The Department recommends the
County enter a contract with P2 ABC Controls for $900,000 ($690,000 for Module One and
$210,000 for Module Two). In addition, the Department requests an amendment to the
contract with Pendulum Companies for system design and short-term support of the
existing failing system, increasing the contract by $15,000 for a total contract cost of
$51,000 -action requested - 1) APPROVE AGREEMENT WITH P2 ABC CONTROLS AND
AUTHROIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER; 2) APPROVE AGREEMENT AMENDMENT WITH PENDULUM AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER; 3) APPROVE RELATED BUDGET ADJUSTMENTS (4/5 vote
required); AND APPROVE THE PURCHASE OF THE JAIL SECURITY SYSTEM FIXED ASSETS.
(General Services)
Board of Supervisors Minutes PAGE 3 February 22, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 22, 2011
12. Ray MorEan Company -agreement amendment with Ray Morgan Company for the rental
of an additional copier for the centralized County Print Shop. The amendment increases
the maximum amount payable by $32,000 (department budget) -action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (General Services)
13. Resolution to Amend the Salary Ordinance -The resolution will amend the salary
ordinance as follows:
HUMAN RESOURCES -requests to flexibly staff one position of Administrative Assistant,
Senior to Administrative Assistant, Senior/Administrative Assistant. This change will allow
the department more flexibility when filling the current vacancy and leaves the total
allocations in the department unchanged at 18.
PUBLIC WORKS -requests to make the following changes: 1) delete one position of
Supervisor, Bridge Maintenance; 2) add one position of Road Maintenance
Assistant/Road Maintenance Worker/Road Maintenance Worker, Senior; 3) add the Road
Maintenance Worker, Senior classification to a flexibly staffed position of Road
Maintenance Assistant/Road Maintenance Worker/Tree Trimmer/Tree Trimmer, Senior;
4) delete one position of Landfill Maintenance Worker/Landfill Maintenance Worker,
Senior; 5) add one position of Landfill Equipment Operator, Senior/Landfill Equipment
Operator; 6) add the classification of Information Systems Analyst, Senior to a flexibly
staffed position of Information Systems Analyst/Information Systems Analyst, Associate.
These changes will better meet the needs and structure of the department and allow
more flexibility when hiring and will leave the total allocations in the department
unchanged at 105. There is no impact to the current year budget -action requested -
ADOPT RESOLUTION NO. 11-011 AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
14. Donation of Portraits to Butte County Historical Society -The department received a
request from the Butte County Historical Society for Butte County to donate two portraits
that have been on loan to the Historical Society since 1980 -action requested -APPROVE
DONATION OF TWO PORTRAITS TO THE BUTTE COUNTY HISTORICAL SOCIETY AND
AUTHORIZE THE CHAIR TO SIGN THE RECEIPT FOR PROPOSED DONATION. (Library)
15. Library Donations -The Library has received the following donations for books: $780 from
an anonymous source; $756 from the Oroville Friends of the Library; $500 from Ruthmarie
Ferris; $250 from the Chico Friends of the Library; $250 from Dorothy Dingfelder; $200
from Maudie A. Penney; and $100 from Carol Oba Winslow -action requested -ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. (Library)
16. Butte County Library Advisory Board Appointment -action requested - AT THE REQUEST
OF THE LIBRARY DIRECTOR: APPOINT DIANE FRIEDMAN TO A TERM TO END DECEMBER
31, 2014. (Library)
Board of Supervisors Minutes PAGE 4
February 22, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 22, 2011
17. Resolution Establishing Public Service Hours for Butte County Library -The department
requests to extend the public service hours at the Durham, Gridley, Oroville, and Paradise
Library branches using funding from the Library Endowment Fund and a $23,088 budget
adjustment from the General Fund Appropriation for Contingencies for this fiscal year.
This will result in an annualized increase in cost of $69,264. If approved, this action will
increase the total service hours at the Paradise and Oroville branches from 30 to 35 hours
per week; increase the total service hours at the Durham branch from 6 to 30 hours per
week; and increase the total service hours at the Gridley branch from 24 to 30 hours per
week -action requested -APPROVE RELATED BUDGET ADJUSTMENT (4/5 vote required);
AND ADOPT RESOLUTION NO. 11-012 ESTABLISHING HOURS FOR ALL BUTTE COUNTY
LIBRARY BRANCHES AND AUTHORIZE THE CHAIR TO SIGN, CONTINGENT UPON APPROVAL
OF REQUESTED BUDGET ADJUSTMENT. (Library)
18. Medifax-EDI, LLC -amendment to the agreement with Medifax-EDI, LLC for electronic
billing services. The amendment extends the term of the agreement through March 31,
2011 and increases the maximum amount payable by $12,000 (department budget) -
action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public
Health)
19. GreE Costo -amendment to the agreement with Greg Costo for the management and
oversight of the Butte County Public Health Lab. The amendment increases the maximum
amount payable by $20,000 (department budget) - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Health)
20. California State Department of Health Care Services (DHCS) -amendment to the
agreement with DHCS for reimbursement for the cost of certain administrative activities
in support of the Medi-Cal Targeted Case Management program. The amendment
extends the term of the agreement through June 30, 2013 and increases the maximum
amount payable by $200,000 (department budget) -action requested -APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Health)
21. Butte County Public Guardian -agreement with Butte County Public Guardian for
reimbursement for Targeted Case Management Services provided to Public Guardian
clients. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum
amount of $220,747 reimbursable to Public Guardian (department budget) -action
requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Health)
22. Transportation Tax Swap Solution -the department requests approval of a letter
requesting support for an immediate and comprehensive transportation tax swap
solution from our State Legislative delegation -action requested -APPROVE LETTER AND
AUTHORIZE THE CHAIR TO SIGN. (Public Works)
Board of Supervisors Minutes PAGE 5
February 22, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 22, 2011
23. Budget Adiustment -request to accept and appropriate a $38,118 refund into the Rural
Counties Supplement fund. These funds are from the State 1122 program, which is
program that offers supplies and equipment to law enforcement at a reduced rate -
action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Sheriff-Coroner)
24. Budget Adiustment and Fixed Asset Purchase -request for budget adjustment totaling
$20,000 from the inmate welfare fund for the purchase of a commercial grade laundry
washing machine for the Butte County jail -action requested -APPROVE BUDGET
ADJUSTMENT (4/5 vote required); AND APPROVE THE FIXED ASSET PURCHASE OF A NEW
LAUNDRY MACHINE. (Sheriff-Coroner)
25. Monthly Investment Report -submitted is the monthly investment report dated
December 31, 2010 in accordance with the Statement of Investment Policy dated July 1,
2010 -action requested -ACCEPT FOR INFORMATION. (Treasurer/Tax Collector)
26. Galling LLP -amendment to the agreement with Galling, LLP (formerly Bartig, Basler &
Ray, LLP) for the annual audit of the Butte County Treasury Oversight Committee. The
amendment extends the term of the agreement through January 31, 2011 and increases
the maximum amount payable by $6,600 (department budget= action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Treasurer/Tax Collector)
27. Treasury OversiEht Committee -action requested -CONFIRM THE APPOINTMENTS OF
SUSAN WATTS AND LISA ANDERSON AS EDUCATION REPRESENTATIVES TO THE TREASURY
OVERSIGHT COMMITTEE. (Treasurer/Tax Collector)
28. U.S. Bureau of Reclamation Letter -The Butte County Water Commission requests a
letter be sent to the U.S. Bureau of Reclamation and the San Luis &Delta-Mendota Water
Authority to voice concerns regarding the Long-Term North to South Water Transfer
Program -action requested -APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN.
(Water and Resource Conservation)
29. Proposed Screening Process for Potential Candidates for the Water Advisory Committee
WAC -approval is requested for the proposed screening process which streamlines the
process of selecting the most qualified candidate to recommend to the Board of
Supervisors for appointment to the WAC -action requested -ADOPT PROCESS AS
OUTLINED BY THE WATER COMMISSION. (Water and Resource Conservation)
MOTION
VOTE:
I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEMS 3.06 AND 3.09 WHICH
WERE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA.
2 M
1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Board of Supervisors Minutes PAGE 6
February 22, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 22, 2011
REGULAR AGENDA
1104-003 Items Removed from the Consent Agenda for Board Consideration and Action.
1. Letter to Sierra Nevada Conservancy -letter in support of the California Fire Safe Council's
request to the Sierra Nevada Conservancy to allocate $3 million of remaining Proposition 84
funds to fund coordinators for Fire Safe Councils throughout California -action requested -
APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN.
SUPERVISOR YAMAGUCHI REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA
FOR DISCUSSION ON THE REGULAR AGENDA.
MOTION: I MOVE TO APPROVE THE LETTER OF SUPPORT AMENDING THE LETTER TO REMOVE THE REFERENCE
TO PROPOSITION 84 AND AUTHORIZE THE CHAIR TO SIGN.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
2. Secure Rural Schools and Community Self-Determination Act Letter -The Secure Rural Schools
and Community Self-Determination Program provides funding to eligible counties, through the
U.S. Forest Service, to create employment opportunities through projects which implement
stewardship objectives that enhance forest ecosystems, restore and improve land health and
water quality. In order to access the Title II portion of these funds the U.S. Forest Service must
follow a prescribed process. However, the Forest Service has not been able to complete the
process. Subsequently, the community is at risk of losing these funds. Board approval is
requested to authorize a letter to Congressman Wally Herger requesting congressional
assistance to finalize the process -action requested -APPROVE LETTER AND AUTHORIZE THE
CHAIR TO SIGN.
SUPERVISOR YAMAGUCHI REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA
FOR DISCUSSION ON THE REGULAR AGENDA.
SUPERVISOR YAMAGUCHI INFORMED STAFF THAT THE LETTER HAD AN INCORRECT PHONE
NUMBER ON IT.
MOTION: I MOVE TO APPROVE THE LETTER OF SUPPORT (WITH CORRECTED PHONE NUMBER) AND
AUTHORIZE THE CHAIR TO SIGN.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Board of Supervisors Minutes PAGE 7
February 22, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
1104-004 BOARDS, COMMISSIONS, AND COMMITTEES
1. Appointments to Listed Vacancies
MINUTES -FEBRUARY 22, 2011
MOTION: I MOVE TO APPOINT JAMEE MENDONCA TO THE SACRAMENTO RIVER CONSERVATION AREA FORUM
(SRCAF) (AS A LANDOWNER REPRESENTATIVE).
M 2
VOTE: 1 NV 2 Y 3 NV 4 NV 5 Y (MOTION DID NOT CARRY AS NO VOTE WAS TAKEN)
CHAIR LAMBERT INFORMED THE BOARD THAT HE WANTED TO NOMINATE MR. JOHN NOCK AS
LANDOWNER REPRESENTATIVE FOR THE SRCAF. (5:07)
SUPERVISOR CONNELLY REQUESTED THAT THE NOMINATION AND VOTE BE TABLED UNTIL THE
MARCH 15, 2011 BOARD OF SUPERVISORS MEETING TO ALLOW BOTH NOMINEES THE OPPORTUNITY
TO SUBMIT LETTERS OF INTEREST AND TO ALLOW BOARD MEMBERS TIME TO EVALUATE BOTH
CANDIDATES.
SUPERVISOR WAHL WITHDREW HIS MOTION.
THE APPOINTMENT OF THE LANDOWNER REPRESENTATIVE AND ALTERNATE LANDOWNER
REPRESENTIVE WILL APPEAR ON THE MARCH 15, 2011 AGENDA.
2. Board Member or Committee Reports
SUPERVISOR YAMAGUCHI REPORTED ON A MEETING OF THE LOCAL EMERGENCY MEDICAL
SERVICES AGENCY.
1104-005 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
REPORT BY PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER. (12:18)
1104-006 Fiscal Year 2010/2011 Second Quarter Financial Report -The Second Quarter Financial Report
provides economic, expenditure and revenue data as well as summary information from the first six
months of the fiscal year -action requested -ACCEPT FOR INFORMATION. (Administration) (16:00)
REPORT BY GREGORY G. ITURRIA, CHIEF FINANCIAL OFFICER.
Board of Supervisors Minutes PAGE 8
February 22, 2011
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 22, 2011
Public HearinRS and Timed Items
1104-007 Timed Item -Report on Butte County Tourism Program -Debra Lucero & Associates will provide a
report on the countywide tourism and marketing program - action requested - ACCEPT FOR
INFORMATION. (Administration)
JENNIFER MACARTHY, MANAGER OF PROGRAM DEVELOPMENT AND DEBRA LUCERO PROVIDED
REPORTS.
1104-008 Timed Item -Presentation Regarding Future Planning for Broadband Services -Cathy Emerson,
Project Manager of Broadband Development at California State University, Chico's (CSUC) Center for
Economic Development will provide report -action requested -ACCEPT FOR INFORMATION. (55:44)
CATHY EMERSON FROM CSUC PROVIDED A REPORT.
RECESS 10:15 A.M.
RECONVENE: 10:28 A.M.
1104-009 Continued Public Hearing -Appeal of Planning Commission Denial of Tentative Subdivision Map
(TSM) 09-0003, APN 047-440-037 (Schuster Homes Inc.) -Consideration of an appeal of the Butte
County Planning Commission's denial of TSM09-0003 to divide approximately 26.4 acres into twenty-
five 1-acre residential parcels and one 1.4-acre detention pond lot. The project parcel is located on
the west side of Garner Lane in Chico, north of the intersection of Garner Lane and Guntren Lane and
on the south end of Persimmon Lane. The appellant has submitted findings for an overrule request
on the inconsistency determination made by the Butte County Airport Land Use Commission -
actions requested -Staff recommends:
1) GRANT THE APPEAL;
2) ADOPT THE MITIGATED NEGATIVE DECLARATION WITH FINDINGS; AND
3) APPROVE THE TRANSFER OF ONE DENSITY TRANSFER UNIT FROM THE STEPHENS
DEVELOPMENT AGREEMENT TO THE MANDVILLE PARK SUBDIVISION (TSM09-0003); AND
4) APPROVE THE OVERRULE OF THE BUTTE COUNTY AIRPORT LAND USE
COMMISSION'S INCONSISTENCY DETERMINATION WITH FINDINGS; AND
5) APPROVE TSM09-0003 SUBJECT TO FINDINGS AND CONDITIONS. (Department of
Development Services)
PRESENTATION BY TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES; MARK MICHELENA,
SENIOR PLANNER; AND CHUCK THISTLETHWAITE, PLANNING MANAGER. (1:15:03)
PUBLIC HEARING OPENED: 10:50 A.M.
PUBLIC HEARING CLOSED: 10:52 A.M.
Board of Supervisors Minutes PAGE 9 February 22, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 22, 2011
MOTION: I MOVE TO GRANT THE APPEAL; ADOPT THE MITIGATED NEGATIVE DECLARATION WITH FINDINGS;
AND APPROVE THE TRANSFER OF ONE DENSITY TRANSFER UNIT FROM THE STEPHENS
DEVELOPMENT AGREEMENT TO THE MANDVILLE PARK SUBDIVISION (TSM09-0003); AND APPROVE
THE OVERRULE OF THE BUTTE COUNTY AIRPORT LAND USE COMMISSION'S INCONSISTENCY
DETERMINATION WITH FINDINGS; AND APPROVE TSM09-0003 SUBJECT TO FINDINGS AND
CONDITIONS. (RESOLUTION NO. 11-014)
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
1104-010 Potential Impacts of the Governor's Realignment Proposals -County staff will provide an overview of
the Governor's realignment proposals and how these proposals may impact Butte County -action
requested -ACCEPT FOR INFORMATION AND PROVIDE DIRECTION TO STAFF. (Administration)
SANG KIM, DEPUTY ADMINSTRATIVE OFFICER PROVIDED AN OVERVIEW.
THE FOLLOWING DEPARTMENT HEADS PROVIDED REPORTS:
1. JOHN WARDELL, DIRECTOR OF PROBATION (1:39:21)
2. JERRY SMITH, BUTTE COUNTY SHERIFF (1:56:30)
3. GEORGE MORRIS, BUTTE COUNTY FIRE CHIEF (2:06:30)
4. SHARON STONE, DIRECTOR OF CHILD SUPPORT SERVICES (2:13:15)
5. CATHI GRAMS, DIRECTOR OF EMPLOYMENT AND SOCIAL SERVICES (2:17:58)
6. ANNE ROBIN, DIRECTOR OF BEHAVIORAL HEALTH (2:29:40)
PAUL HAHN ADDRESSED THE BOARD. (2:39:04)
1104-011 Resolution Continuing the Extension of the Trust Fund Established Pursuant to Resolution 98-161 and
Providing Guidance for Disbursement -consideration of a resolution which will extend the term of
the trust fund governing the exchange of property taxes for the dissolution of the Lime Saddle
Community Services District through September 7, 2012 -action requested -ADOPT RESOLUTION
NO. 11-013 AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT THE DEPARTMENT OF WATER AND
RESOURCE CONSERVATION TO WORK WITH ADMINISTRATION TO DETERMINE DISBURSEMENT OF
THE LIME SADDLE TRUST FUND FOR THE BENEFIT OF THE USERS WITHIN THE DISTRICT AND BRING
FORWARD A PROPOSAL PRIOR TO SEPTEMBER 7, 2012. (Water and Resource Conservation)
(2:44:51)
PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION PROVIDED A REPORT.
BOB FORTING, DIRECTOR OF DEL ORO WATER COMPANY PROVIDED A REPORT.
Board of Supervisors Minutes PAGE 10
February 22, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 22, 2011
MOTION: I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT THE
DEPARTMENT OF WATER AND RESOURCE CONSERVATION TO WORK WITH ADMINISTRATION TO
DETERMINE DISBURSEMENT OF THE LIME SADDLE TRUST FUND FOR THE BENEFIT OF THE USERS
WITHIN THE DISTRICT AND BRING FORWARD A PROPOSAL PRIOR TO SEPTEMBER 7, 2012.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
1104-012 CLOSED SESSION
THE BOARD RECESSED AT APPROXIMATELY 12:15 P.M. TO CLOSED SESSION REGARDING:
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.
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
ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a) -TWO CASES:
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); AND
2. BEC v. COUNTY OF BUTTE; BUTTE SUPERIOR COURT CASE NO. 152362.
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(b)(1) -ONE
POTENTIAL CASE
Board of Supervisors Minutes PAGE 11 February 22, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 22, 2011
THE BOARD RECONVENED AT 1:15 P.M. FROM CLOSED SESSION REGARDING:
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.
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
ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a) -TWO CASES:
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); AND
2. BEC v. COUNTY OF BUTTE; BUTTE SUPERIOR COURT CASE NO. 152362.
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(b)(1) -ONE
POTENTIAL CASE. (No Announcements)
Board of Supervisors Minutes PAGE 12
February 22, 2011
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -FEBRUARY 22, 2011
Public HearinRS and Timed Items
1104-013 Public Hearing -Medical Mariiuana Cultivation -consideration of an ordinance adding Chapter 34A,
Article I, Entitled "Medical Marijuana Cultivation" to the Butte County Code. The proposed ordinance
regulates medical marijuana cultivation consistent with State Law to protect public health, safety and
welfare. Included in the proposed ordinance are provisions to establish annual user fees related to
the cultivation of marijuana in Butte County -actions requested -WAIVE THE FIRST READING OF
THE ORDINANCE; AND ADOPT RELATED RESOLUTION AMENDING THE BUTTE COUNTY MASTER FEE
SCHEDULE WITH THE RECOMMENDED FEE ADJUSTMENTS TO BE EFFECTIVE ON THE DATE THE
PROPOSED ORDINANCE BECOMES EFFECTIVE. (County Counsel)
BRUCE ALPERT, COUNTY COUNSEL PROVIDED A REPORT TO THE BOARD.
SHERIFF JERRY SMITH AND DISTRICT ATTORNEY, MIKE RAMSEY PROVIDED REPORTS TO THE BOARD.
(16:43)
DAN BLAIR, SENIOR MANAGEMENT ANALYST PROVIDED A REPORT.
PUBLIC HEARING OPENED: 1:45 P.M.
PUBLIC HEARING CLOSED: 6:03 P.M.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD (names and spelling of
individual names may not be exact due to noise levels in Chambers and/or illegible public
participation cards): MARVIN; WILLIAM HIBBARD; TONY LOMBARDI; VIRGIL RITTER; MARY
KENNEDY.
RECESS: 2:15 P.M.
RECONVENE: 2:20 P.M.
PATRICIA VANCE; DANIEL HERON; GORDON DICE (57:31); DIANA KAUFMAN; RANDY COY; JOHN
MILLER; JOHN VOGLER; MATT BASIOR (1:10:35); ROGER MATTHEWS; SHARON MACARTHY; MITCH ;
CALI; SCARY GARY (1:29:40); BONNIE SALMON; STEVE CHARMS; ED MANION; SEVA CHARMS; GENE;
CHARLES STOUT (1:52:29); ROBERT HIRSH; QUENTIN COLGAN (2:04:00); JIM BROBECK; WARREN
ROLL.
RECESS: 3:35 P.M.
RECONVENE: 3:46 P.M.
ROB THULAND (2:14:33); TRACT; JOSHUA NEAL; RYAN LANDERS; CAVERN SCHMIDT; RICHARD
TOGNOLI; JILL CLARKSON; CHRIS BULIS (2:14:19); ROBIN COOKE; ROBERT MACKENZIE (2:48:35);
CHRISTIN COPING; TERRY FLANAGAN; STEVE PEDERSON; JOSH COOK; KEITH HUMPHREYS;
CATHERINE MCLAUGHLIN; LUTHER MCLAUGHLIN; STEVE MULLIN; JAG BERKSTROM; MICHAEL
MENDON (3:13:31); TIM MELKE; HARVEY RECTOR (3:21:22); GARY SANDERSON; GENE A. ARETEEK;
JAMES WILLMAN; MICHAEL FARRELL; TONY MIRANDA; ADRIAN AGUILAR; GREG TRUMAN; (3:40:17);
REVEREND THOMAS E. WALL; JASON; GARY COOPER; JERRY (3:59:29); ROBERT STEELMAN;
RAYMOND ASPERY; RICHARD BROWN; AMYKAUFMAN; WARREN ROLL; KAITLIN ;DAVID MOENCH;
RICHARD TOGNOLI; MARY ROLL; WALTER RAYMER.
Board of Supervisors Minutes PAGE 13
February 22, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 22, 2011
THE BOARD DIRECTED STAFF TO AMEND THE PROPOSED ORDINANCE FOCUSING ON THE
FOLLOWING ITEMS:
1) MORE FLEXIBILITY IN THE ALLOWABLE SETBACK LIMIT, ESPECIALLY ON LARGER PARCELS
2) POSSIBLE EXEMPTIONS TO THE PROPOSED FEES AND POSSIBLE AMENDMENT FOR THE COST
OF ZIP TIES
3) THE ALLOWABLE MINIMUM NUMBER OF PLANTS, ESPECIALLY ON PARCEL SIZES OF ONE
ACRE OR LESS.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, INFORMED THE BOARD THAT STAFF WOULD BEGIN
WORKING ON AMENDMENTS PER THE BOARD'S DIRECTION AND WILL REPORT BACK AT A FUTURE
MEETING. THE DATE OF THAT MEETING IS UNDETERMINED.
NO ADDITIONAL ACTION WAS TAKEN ON THIS ITEM.
1104-014 PUBLIC COMMENT (each speaker limited to five minutes)
Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to
five minutes. Please note that pursuant to California state law, the Board of Supervisors is prohibited
from taking action on any item not listed on the agenda.
A GENTLEMAN (HIS NAME WAS NOT CAPTURED ON THE RECORDER) ADDRESSED THE BOARD
REGARDING THE CITY OF CHICO AND THE CLEAN WATER ACT.
JUAN GONZALEZ ADDRESSED THE BOARD.
1104-015 CLOSED SESSION
THE BOARD RECESSED AT APPROXIMATELY 6:40 P.M. TO CLOSED SESSION REGARDING:
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.
Board of Supervisors Minutes PAGE 14
February 22, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -FEBRUARY 22, 2011
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
ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a) -TWO CASES:
3. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); AND
4. BEC v. COUNTY OF BUTTE; BUTTE SUPERIOR COURT CASE NO. 152362.
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(b)(1) -ONE
POTENTIAL CASE (No Announcements)
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS
BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT
APPROXIMATELY 6:40 P.M., TO RECONVENE AT A
REGULAR MEETING OF THE BOARD OF SUPERVISORS TO
BE HELD TUESDAY, MARCH 15, 2011 AT 9:00 A.M.
STEVE LAMBERT, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
By:
Board of Supervisors Minutes PAGE 15
February 22, 2011