The URL can be used to link to this page

Home My WebLink AboutM022817 MINUTES FEBRUARY 28,, 2017 lrQR NlAa 1. CALL TO ORDER MEETING CALLED TO ORDER AT BOARD OF SUPERVISORS CHAMBERS, 25 COUNTY CENTER DRIVE,SUITE 205,OROVILLE,CA PRESENT: SUPERVISOR BILL CONNELLY,CHAIR, DISTRICT 1 SUPERVISOR MAUREEN KIRK,VICE CHAIR, DISTRICT 3 SUPERVISOR LARRY WAHL, DISTRICT 2 SUPERVISOR STEVE LAMBERT, DISTRICT 4 SUPERVISOR DOUG TEETER, DISTRICT 5 PAUL HAHN,CHIEF ADMINISTRATIVE OFFICER/CLERK OF THE BOARD BRUCE ALPERT,COUNTY COUNSEL CLARISSA MENCHACA,ASSOCIATE CLERK OF THE BOARD 2. CORRECTIONS AND/OR CHANGES TO THE AGENDA Item 3.05 — Approval of Board Minutes — This Item contained an inadvertent date; the item noted that submitted for approval were the minutes from the February 28,2017 special meeting,the minutes submitted for approval were from the February 17, 2017 special meeting. 3. CONSENT AGENDA MOTION: APPROVE THE CONSENT AGENDA WITH THE CORRECTIONS AS READ INTO THE RECORD AND WITH THE EXCEPTION OF ITEM 3.11 WHICH WAS PULLED FROM THE CONSENT AGENDA AND PLACED ON THE REGULAR AGENDA FOR DISCUSSION (MOTION:KIRK;SECOND:TEETER) VOTE: MOTION PASSED UNANIMOUSLY 3.01 Agreement with Netsmart Technologies, Inc. Amendment L Board action: Agreement amendment approved. 3.02 Agreement with Casa Pacifica Centers for Children & Families Board action: Agreement approved. 3.03 Agreement with Youth With a Mission -Springs of Living Water-Jr. High Reach Conference Board action: Agreement approved. 3.04 Agreement with Youth With a Mission -Springs of Living Water- High School Reach Conference Board action: Agreement approved. Page 1 BOARD OF SUPERVISORS MINUTES—FEBRUARY 28,2017 3.05 Approval of Board Minutes Board action: Board minutes approved. 3.06 Letter Requesting Collaboration on FY 2016-17 California OHV Grant Applications Board action: Letter approved and signed. 3.07 Annual Report Regarding Compliance with Continuing Disclosure Requirements for Debt Issuances Board action: Accepted for information only. 3.08 Termination of Local January Storm Emergency Board action: Need for terminating the proclamation of local January storm emergency confirmed; and, Resolution No. 17-021 adopted. 3.09 Budget Adjustment for Bangor Fire Station Debt Service Board action: Budget adjustment approved. 3.10 Agreement for Legal Services between the County of Butte and Shaw Law Group Board action: Agreement approved and ratified. 3.11 An Ordinance Creating Butte County Code Section 34C Entitled Nonmedical Marijuana Ordinance Board action: Item continued to the March 14, 2017 regularly scheduled meeting. 3.12 Capital Asset Purchase—Vehicle Board action: Capital asset purchase approved; and, budget adjustment approved. 3.13 Butte County Fire Prevention/Education Program Grant Board action: Grant agreement approved; Resolution No. 17-022 adopted; and, budget adjustment approved. 3.14 Lease Amendment for a Portion of 560 Cohasset Road with Enloe for Behavioral Health AB-109 Program Board action: Lease amendment approved. 3.15 Lease Renewal for 865 Mitchell Avenue, Oroville, with Q Street Limited for Behavioral Health Board action: Lease approved. 3.16 Removal of Fire Station 44 Personal Property Barracks from Property Records Board action:Auditor's Office directed to remove the asset from the property records and complete appropriate adjustments. 3.17 Resolution Establishing Butte County Personnel Rules Board action: Resolution No. 17-023 adopted. 3.18 Resolution to Amend the Salary Ordinance Board action: Resolution No. 17-024 adopted. 3.19 Resolution to Amend the Salary Ordinance Board action: Resolution No. 17-025 adopted. Page 2 BOARD OF SUPERVISORS MINUTES-FEBRUARY 28,2017 3.20 Contract Amendment with Justice Benefits, Inc. for Title IV-E Claim Services Board action: Contract amendment approved. 3.21 County Medical Services Program Grant Agreement for FYs 2016-17 to 2019-20 Board action: Agreement approved. 3.22 Agreement Amendment with California State University Chico Research Foundation for SNAP-Ed Program Board action: Agreement amendment approved. 3.23 Approval of Contract Change Orders for the Lincoln Boulevard Sidewalk Improvement Project Board action: Contract Change Order Nos. 1 and 2 ratified; and Contract Change Order No. 3 approved. 3.24 Notice of Completion for Neal Road Bike Lanes Board action: Contract work accepted as complete and Notice of Completion signed. 3.25 Resolution Giving Notice of Hearing to Vacate an Unnecessary Public Right of Way in the Rock Creek Drive Area Board action: Resolution No. 17-026 adopted. 3.26 Agreement with State of California for Inmate Medical Expenses Board action: Agreements (2) approved. 3.27 Coalition Letter to Governor Brown Regarding the Bay-Delta Water Quality Plan Board action: Letter approved. 3.28 Resolution Recognizing February 2017 as National Teen Dating Violence Prevention and Awareness Month Board action: Resolution No. 17-027 adopted. SUPERVISOR KIRK READ THE RESOLUTION AND CASEY, ADVOCATE FOR CATALYST DOMESTIC VIOLENCE SERVICES, ACCEPTED THE RESOLUTION. 4. REGULAR AGENDA 4.01 Boards, Commissions, and Committees A. Appointments to Listed Vacancies MOTION: APPOINT JENNIFER ROLD TO THE BUTTE COUNTY LIBRARY ADVISORY BOARD,CHICO MEMBER SEAT,WITH A TERM TO END DECEMBER 31,2018 (MOTION:WAHL;SECOND:LAMBERT) VOTE: MOTION PASSED UNANIMOUSLY Page 3 BOARD OF SUPERVISORS MINUTES-FEBRUARY 28,2017 B. Resolution Disbanding the Agricultural Advisory Commission MOTION: ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN (MOTION:KIRK;SECOND:LAMBERT) VOTE: MOTION PASSED UNANIMOUSLY Board action: Resolution No. 17-028 adopted. C. Butte County Water Advisory Committee Appointments MOTION: APPOINT KARL ORY AS THE MUNICIPAL AT-LARGE—CHICO REPRESENTATIVE; MIKE ZUCCOLILLO AS THE MUNICIPAL AT-LARGE—PARADISE REPRESENTATIVE; LINDA DRAPER AS THE MUNICIPAL AT-LARGE — OROVILLE REPRESENTATIVE; AND CHARLIE EDGAR AS THE LLANO SECO SUB- INVENTORY REPRESENTATIVE,TO TERMS ENDING DECEMBER 31,2020 (MOTION:TEETER;SECOND:LAMBERT) VOTE: MOTION PASSED UNANIMOUSLY D. Appointments to the Butte County Children and Families Commission MOTION: APPOINT ANDREW MILLER, M.D., AS THE ALTERNATE COMMISSIONER, WITH A TERM TO END JUNE 30,2018;AND SENG YANG AS THE ALTERNATE COMMISSIONER,WITH ATERM TO END JUNE 30,2019 (MOTION:TEETER;SECOND:WAHL) VOTE: MOTION PASSED UNANIMOUSLY E. Appointment to the Butte County Behavioral Health Board MOTION: APPOINT WILLIAM DOWLEN AS THE COMMUNITY MEMBER, WITH A TERM TO END DECEMBER 31,2019 (MOTION:TEETER;SECOND:KIRK) VOTE: MOTION PASSED UNANIMOUSLY F. Board Member/Committee Reports and Board Member Comments SUPERVISOR KIRK INFORMED THE BOARD OF HER RECENTTOUR OF THE NEW VALLEY VIEW APARTMENTS,WHICH ARE SET ASIDE FOR THOSE WHO ARE ELIGIBLE UNDER THE MENTAL HEALTH SERVICES ACT. SUPERVISOR TEETER HIGHLIGHTED HIS AND SUPERVISOR CONNELLY'S RECENT ATTENDANCE AT BUTTE COUNTY ASSOCIATION OF GOVERNMENTS TO DISCUSS THE BUTTE REGIONAL CONSERVATION PLAN,AND ALSO HIS RECENT ATTENDANCE TO THE FOREST ADVISORY COMMITTEE MEETING. SUPERVISOR TEETER FURTHER DISCUSSED HIS MEETING WITH THE FOREST SERVICE AND THE BUTTE COUNTY RESOURCE CONSERVATION DISTRICT REGARDING RECENT GRANT APPLICATIONS. SUPERVISOR WAHL REQUESTED THE TOPIC OF SANCTUARY COUNTIES BE AGENDIZED AT THE NEXT BOARD MEETING. Page 4 BOARD OF SUPERVISORS MINUTES-FEBRUARY 28,2017 SUPERVISOR CONNELLY TOUCHED ON HIS ATTENDANCE AT SEVERAL TOWN HALL MEETINGS IN REGARDS TO IMPACTS THE RECENT EVACUATION HAD ON THE COMMUNITY.SUPERVISOR CONNELLY THANKED THE BUS DRIVERS WHO ASSISTED IN EVACUATING THOSE WITH TRANSPORTATION NEEDS. SUPERVISOR LAMBERT RECOGNIZED HOW THE COMMUNITY AND COUNTY WERE ABLE TO QUICKLY COME TOGETHER AND ASSIST EACH OTHER DURING THE EVACUATION. 4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer KORY HONEA, BUTTE COUNTY SHERIFF,AND DARREN READ, BUTTE COUNTY FIRE CHIEF, PROVIDED AN UPDATE ON THE OROVILLE DAM SPILLWAY INCIDENT. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, REQUESTED THE BOARD AUTHORIZE THE CHAIR TO SIGN THE FOLLOWING THREE LETTERS: LETTER IN OPPOSITION TO SENATE BILL 2, LETTER IN SUPPORT OF SENATE BILL 58,AND LETTER TO GOVERNOR BROWN REGARDING COORDINATED CARE INITIATIVE/IHSS MAINTENANCE OF EFFORT. MR. HAHN ALSO PROVIDED AN UPDATE ON THE OROVILLE DAM SPILLWAY INCIDENT. LASTLY, MR. HAHN INFORMED THE BOARD OF NUMEROUS UPCOMING MARIJUANA LIEN HEARINGS. SUPERVISOR WAHL THANKED DENNIS SCHMIDT, DIRECTOR OF PUBLIC WORKS, AND THE ENTIRE PUBLIC WORKS DEPARTMENT FOR THEIR GREAT EFFORT IN TAKING DOWN ATREE,LOCATED ON DISTRICT 2 COUNTY PROPERTY,WHICH WAS IN DANGER OF FALLING OVER. 4.03 Butte County General Plan 2030 Update TIM SNELLINGS, DEVELOPMENT SERVICES DIRECTOR, PROVIDED A REPORT. Board action: Accepted for information; and, direction provided to staff. 4.04 Items Removed from the Consent Agenda for Board Consideration and Action Item 3.11 -An Ordinance Creating Butte County Code Section 34C Entitled Nonmedical Marijuana Ordinance TIM SNELLINGS, DEVELOPMENT SERVICES DIRECTOR,AND BRAD STEPHENS,ASSISTANT COUNTY COUNSEL,PROVIDED A REPORT. THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD:JESSICA MCKENZIE. MOTION: AMEND PROPOSED ORDINANCE TO INCREASE SETBACK TO 150 FEET FROM ALL BOUNDARIES FOR PREMISES 10 ACRES IN SIZE OR GREATER (MOTION:TEETER;SECOND:KIRK) VOTE: MOTION PASSED 3-2 AYES: SUPERVISORS CONNELLY,KIRK,AND TEETER NAYS: SUPERVISORS WAHL AND LAMBERT Board action: Proposed amendment to ordinance. *CLERK'S NOTE: DUE TO THE PROPOSED AMENDMENT,THIS ITEM WAS CONTINUED TO THE MARCH 14,2017 REGULARLY SCHEDULED MEETING. Page 5 BOARD OF SUPERVISORS MINUTES—FEBRUARY 28,2017 4.05 Business Systems Resilience ART ROBISON, INFORMATION SYSTEMS DIRECTOR, PROVIDED A REPORT. MOTION: APPROVE PURCHASE OF CAPITAL ASSET AND APPROVE BUDGET ADJUSTMENTS INCLUDING $55,000 FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES (MOTION:KIRK;SECOND:TEETER) VOTE: MOTION PASSED UNANIMOUSLY Board action: Purchase of capital asset approved; and, budget adjustment approved. 4.06 Resolution Adopting Countywide Internship Program BRIAN RING,ASSISTANT CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT. MOTION: ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN (MOTION:KIRK;SECOND:WAHL) VOTE: MOTION PASSED UNANIMOUSLY Board action: Resolution No. 17-029 adopted. 4.07 MOU, Butte County Professional Employees' Unit and Resolution Amending the Salary Ordinance BRIAN RING,ASSISTANT CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT. THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD:ANASTACIA ALLEN. MOTION: ADOPT THE SUCCESSOR MOU FOR THE PEA UNIT AND AUTHORIZE THE CHAIR TO SIGN; AND, ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN (MOTION:TEETER;SECOND:KIRK) VOTE: MOTION PASSED UNANIMOUSLY Board action: Successor MOU for PEA Unit; and, Resolution No. 17-030 adopted. 4.08 Side Letter of Agreement with Butte County Management Employee Association BRIAN RING,ASSISTANT CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT. MOTION: ADOPT SIDE LETTER OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND, ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN (MOTION:TEETER;SECOND:KIRK) VOTE: MOTION PASSED UNANIMOUSLY Board action: Side Letter of Agreement; and, Resolution No. 17-031 adopted. Page 6 BOARD OF SUPERVISORS MINUTES-FEBRUARY 28,2017 4.09 MOU, Butte County Probation Peace Officers Association and Resolution Amending the Salary Ordinance BRIAN RING,ASSISTANT CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT. MOTION: ADOPT THE SUCCESSOR MOU FOR THE PPOA UNIT AND AUTHORIZE THE CHAIR TO SIGN; AND, ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN (MOTION:TEETER;SECOND:KIRK) VOTE: MOTION PASSED UNANIMOUSLY Board action: Successor MOU for PPOA Unit; and, Resolution No. 17-032 adopted. 4.10 MOU,Teamsters Local 137 General Unit and Resolution Amending the Salary Ordinance BRIAN RING,ASSISTANT CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT. MOTION: ADOPT THE SUCCESSOR MOU FOR THE GENERAL UNIT AND AUTHORIZE THE CHAIR TO SIGN;AND, ADOPT RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN (MOTION:TEETER;SECOND:KIRK) VOTE: MOTION PASSED UNANIMOUSLY Board action: Successor MOU for General Unit; and, Resolution No. 17-033 adopted. 4.11 MOU, Teamsters Local 137 Social Service Workers Unit and Resolution Amending the Salary Ordinance BRIAN RING,ASSISTANT CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT. THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: KIMBERLY CURLEY. MOTION: ADOPT THE SUCCESSOR MOU FOR THE SSW UNIT AND AUTHORIZE THE CHAIR TO SIGN; AND, ADOPT RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN (MOTION:TEETER;SECOND:KIRK) VOTE: MOTION PASSED UNANIMOUSLY Board action: Successor MOU for SSW Unit; and, Resolution No. 17-034 adopted. 4.12 Appointed Department Head Contract Amendments BRIAN RING,ASSISTANT CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT. MOTION: APPROVE CONTRACT AMENDMENTS AND AUTHORIZE THE CHAIR TO SIGN; AND, ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN (MOTION:TEETER;SECOND:KIRK) VOTE: MOTION PASSED UNANIMOUSLY Board action: Contract amendments approved; and, Resolution No. 17-035 adopted. Page 7 BOARD OF SUPERVISORS MINUTES-FEBRUARY 28,2017 4.13 Financial Report for Second Quarter FY 2016-17 MEEGAN JESSEE, DEPUTY ADMINISTRATIVE OFFICER, PROVIDED A REPORT. Board action: Accepted for information. 5. PUBLIC HEARINGS AND TIMED ITEMS 5.01 9:20 am—Application for Outdoor Festival Licenses A. Application for Outdoor Festival License (MISC17-0005) -Sherwood Montessori Charter School MARK MICHELENA,SENIOR PLANNER, DEVELOPMENT SERVICES, PROVIDED A REPORT. MOTION: FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(E)OF CEQA; AND,APPROVE THE APPLICATION FOR AN OUTDOOR FESTIVAL LICENSE(MISC17-0005, SUBJECT TO THE RECOMMENDED CONDITIONS (MOTION:TEETER;SECOND:LAMBERT) VOTE: MOTION PASSED UNANIMOUSLY Board action: Festival found to be categorically exempt;and,Application for an Outdoor Festival License approved. B. Application for Outdoor Festival License (MISC17-0002) -Wildflower Open Classroom MARK MICHELENA,SENIOR PLANNER, DEVELOPMENT SERVICES, PROVIDED A REPORT. MOTION: FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(E)OF CEQA; AND,APPROVE THE APPLICATION FOR AN OUTDOOR FESTIVAL LICENSE(MISC17-0002, SUBJECT TO THE RECOMMENDED CONDITIONS (MOTION:TEETER;SECOND:LAMBERT) VOTE: MOTION PASSED UNANIMOUSLY Board action: Festival found to be categorically exempt;and,Application for an Outdoor Festival License approved. 5.02 9:50 am— Resolution to Vacate Unnecessary Public Right of Way in the Western Pacific Addition to Orovi I le TOM FOSSUM, DEPUTY DIRECTOR, PUBLIC WORKS, PROVIDED A REPORT. MOTION: FIND THAT THE PUBLIC RIGHT OF WAY DESCRIBED IN THE NOTICE OF HEARING IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC VEHICLE USE;AND,ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN (MOTION:KIRK;SECOND:LAMBERT) VOTE: MOTION PASSED UNANIMOUSLY Board action: Public Right of Way found to be unnecessary; and, Resolution No. 17-036 adopted. Page 8 BOARD OF SUPERVISORS MINUTES-FEBRUARY 28,2017 5.03 10:10 am -2016 Groundwater Status Report and Basin Management Objectives PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION, INTRODUCED CHRISTINA BUCK, WATER SCIENTIST,WATER AND RESOURCE CONSERVATION,WHO PROVIDED A REPORT. Board action: Accepted for information. 6. BOARD OF SUPERVISORS PUBLIC COMMENT The following members of the public addressed the Board:Tina Savos and Dan. RECESS Recess as the Butte County Board of Supervisors and convene as the Butte County Public Facilities Financing Corporation. BUTTE COUNTY PUBLIC FACILITIES FINANCING CORPORATION AGENDA FEBRUARY 28, 2017 1. CALL TO ORDER 2. CONSENT AGENDA MOTION: APPROVE THE CONSENT AGENDA (MOTION:TEETER;SECOND:LAMBERT) VOTE: MOTION PASSED UNANIMOUSLY 2.01 Annual Meeting Board action: BCPFFC Minutes approved; and, Filing of the Statement of information with the California Secretary of State approved. 3. REGULAR AGENDA(NO ITEMS) 4. PUBLIC COMMENT Public comment opened and closed without any speakers. 5. CLOSED SESSION(NO ITEMS) ADJOURNMENT Adjourn as the Butte County Public Facilities Financing Corporation and reconvene as the Butte County Board of Supervisors. Page 9 BOARD OF SUPERVISORS MINUTES-FEBRUARY 28,2017 7. BOARD OF SUPERVISORS CLOSED SESSION 7.01 Actual Litigation Pursuant to Government Code Section 54956.9(d)(1): 1. Lake Oroville Intervention (FERC Project 2100); and, 2. County of Butte v. DWR;Third District Court of Appeal Case No. C071785 7.02 Conference with Labor Negotiator Pursuant to Government Code Section 54957.6: Negotiators: Jack Hughes and Brian Ring Employee Organizations: Teamsters - General Unit; Teamsters - Social Services Workers' Unit; Butte County Management Employees Association; Butte County Probation Peace Officers Association; Butte County Probation Peace Officers Association - Management Unit; Butte County Professional Employees' Association; Butte County Deputy Sheriff's Association - General Unit; Butte County Deputy Sheriff's Association - Management/Supervisory Unit; Butte County Correctional Officers Association - General Unit; Butte County Correctional Officers Association - Supervisory Unit; UPEC Local 792 - Skilled Trades Unit; Butte County Deputy District Attorneys Association - Attorney Unit; Confidential Unit; Non-Represented Unit *There were no announcements out of closed session. 7here being no further business before the Board, the nieeting adjourned, 7he Butte County Board of Super visors Will reconvene at the next regular nieeting, scheduled for March 14, 2017, Bill Connelly, Chair .... Brats unth Board of Supervisors Paul Hahn, Chief,yss"niinlstrative Offices and Clerk of the Board DqIsuty Page 10