HomeMy WebLinkAboutM030816 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/8/2016
9:00 A.M. -CALL TO ORDER
Called 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 item 3.18 (Public Auction Sale of Tax-Defaulted Properties) be removed from the
consent agenda for discussion on the regular agenda.
CONSENT AGENDA
3.01 Fiscal Year 2015-16 Exotic Pest Detection Trapping Contract - The Fiscal Year (FY) 2015-16 Exotic Pest
Detection Trapping is a long-standing contract. The contract, in the amount of$56,319, is for placing and
servicing traps for the detection of exotic pests,which are considered hazardous to agriculture and to the
economy of California. Those insects may include, but are not limited to, Mediterranean Fruit Fly,Oriental
Fruit Fly, Melon Fly, Gypsy Moth, Japanese Beetle, and other invasive exotic pests. This agreement
includes delimitation work associated with the detection of one or more life stages of the above target
pests in the County. The State of California,upon submittal of a monthly invoice,reimburses Butte County.
The term of the contract is July 1, 2015 through June 30, 2016 -action requested -APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Agriculture)
3.02 Agreement with Sutter Health Sacramento Sierra Region - Sutter Health Sacramento Sierra Region,
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 2015 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
Sutter Health Sacramento Sierra Region to provide inpatient psychiatric services for clients referred by
BCDBH. The term of this agreement will be July 1, 2015 through June 30, 2017. The maximum financial
obligation under this agreement shall not exceed $700,000 ($350,000 in FY 2015-16 and $350,000 in FY
2016-17) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.03 Agreement with California Mental Health Authority for Procurement of State Hospital Beds - On October
27, 2009, the Board of Supervisors approved Butte County Department of Behavioral Health's (BCDBH)
membership in the California Counties Mental Health Services Authority(CaIMHSA)Joint Powers Authority
(JPA). CaIMHSA is authorized by its JPA to jointly develop and fund mental health services under, among
other things, Division 5 of the California Welfare and Institutions Code, which includes the provision of
necessary administrative services.The participating counties of the JPA authorize CaIMHSA to contract for
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/8/2016
State hospital beds on their behalf and to make payment to the State for such usage consistent with the
provisions of the Participation Agreement and the MOU to be entered into by CaIMHSA and the California
Department of State Hospitals(DSH).The draft agreement was provided to BCDBH for review in November
2015, with the request for a Board resolution to be completed as well. As directed by participating
counties, CaIMHSA will collectively work in achieving efficiencies as a single administrative body engaging
in a single negotiation of terms and rates for bed utilization, monitoring billing to assure accuracy and fiscal
stability, establishing quality assurance standards and procedures, review of shared financial analysis, and
exploring opportunities and alternatives. Approval is requested for an agreement with CaIMHSA for the
procurement of State hospital beds.The term of this agreement will be July 1, 2015 through June 30, 2017.
The maximum amount payable under this agreement will be $2,804 ($1,402 in FY 2015-16 and $1,402 in
FY 2016-17) -action requested - 1) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 2) ADOPT THE RESOLUTION AND
AUTHORIZE CHAIR TO SIGN. (Behavioral Health)
3.04 Appointment of Nominees in Lieu of Election -Drainage District 100-Pursuant to California Elections Code
Section 10515, in districts where the number of persons who have filed a declaration of candidacy for
director-at-large does not exceed the number of offices of director-at-large to be filled, the Board of
Supervisors can appoint the nominees rather than requiring an election. Drainage District 100 has
submitted a request for the appointment of Dennis Thengvall and Michael Lundberg to four(4)year terms.
After the appointments are made, the Clerk of the Board will issue the Certificate of Appointment and
Oath of Office document to each appointee - action requested - MAKE APPOINTMENTS AS REQUESTED.
(County Administration)
3.05 Resolution Proclaiming March 2016 as Social Work Month - The Director of the Department of
Employment and Social Services (DESS) requests that the Board of Supervisors adopt a resolution
proclaiming March 2016 as Social Work Month in Butte County - action requested -ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN. (DESS)
Cathi Grams, Director of Employment and Social Services, accepted the resolution.
3.06 Contract with Mead & Hunt to Prepare Update to the Airport Land Use Compatibility Plan - Butte County
was awarded a grant on March 25, 2015 from the California Transportation Commission to update the
2000 Butte County Airport Land Use Compatibility Plan (BCALUCP). The total grant is $110,000 of which
$99,000 is provided by the State.The County is required to provide$11,000 in matching funds. The Board
approved the matching funds on December 9, 2014. In October 2015, staff published a Request for
Proposal for the update to the BCALUCP. One company, Mead & Hunt, submitted a proposal. Mead &
Hunt prepared the current BCALUCP in 2000.The department recommends executing an agreement with
Mead & Hunt in the amount of $110,000 with a term to expire on March 31, 2018. The California
Transportation Commission requires the County deposit the$11,000 in matching funds along with$11,000
in project contingency funds in an ALUCP Special Aviation fund - action requested - 1) APPROVE THE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER; AND 2) APPROVE A BUDGET ADJUSTMENT (4/5 vote required). (Development
Services)
3.07 Contract with Journal Technologies, Inc., for Case Management System - Board approval is requested for
an agreement with Journal Technologies, Inc., selected through a Request for Proposals,for the provision,
installation and customization of a case management system (eProsecutor) for the District Attorney's
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/8/2016
Office. The eProsecutor system is a centralized case management system that tracks all cases, names,
notes and files. It will automate processes,generate documents, report data and send case reminders.The
system will also include a public web-portal solution (eProsecutorPublic)that will allow Web-based access
to predetermined information, and a development application (eProsectutor API) that will be used to
create data integrations between the District Attorney's system and other agency systems.The total three-
year contract maximum price is $350,000, which includes implementation services, data conversion
services, and the first two years' annual license and maintenance costs for 115 users. The price includes
support, maintenance, upgrades and training. Funding for the purchase is available using the District
Attorney's Federal Treasury seizure funds, and Board approval is also requested for a budget adjustment
accepting and appropriating the revenue, and transferring and appropriating the first year contract costs
into the department's FY 2015-16 operating budget. Funding for subsequent contract years will be
included in the department's budget during the annual budget process - action requested - 1) APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
GENERAL SERVICES; AND 2) APPROVE A BUDGET ADJUSTMENT ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AND TRANSFERRING IT TO THE DEPARTMENT'S FY 2015-16 BUDGET (4/5 vote
required). (District Attorney)
3.08 Notice of Completion for Butte County Hall of Records Project at 155 Nelson Avenue, Oroville, CA-On July
23, 2014, the Board awarded a $7,199,000 contract to BCM Construction Company, Inc., for the
construction of the Butte County Hall of Records. The County secured an $8,000,000, 40 year loan with
3.5% fixed interest from the United States Department of Agriculture (USDA) Rural Development
Community Facilities Direct Loan Program to construct a new office and warehouse building on County
owned property on the corner of Nelson Avenue and Second Street. This 35,637 square foot building is
home to the County Clerk/Recorder and Elections Divisions. In an effort to better accommodate long term
needs and to capitalize on contractors already on site, a total of 69 change orders were implemented.The
change orders, totaling $183,836.41, bring the total construction contract to $7,382,836.42. These
contract change orders amounted to a net increase in the contract of 2.55%. The total project cost came
in approximately$125,000 under budget. All contract work has been completed and inspected/approved
by the County Development Services Department, the City of Oroville, and the General Services
Department. Staff requests that the Board accept the work as complete, authorize the Chair to execute
the Notice of Completion, direct staff to file the Notice with the Butte County Clerk Recorder, and release
the retention thirty-five days after filing of the Notice, provided no liens have been filed-action requested
- 1) RATIFY CONTRACT CHANGE ORDERS NO'S 1-69; 2)ACCEPT THE CONTRACT WORK AS COMPLETE AND
AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; 3) DIRECT STAFF TO FILE THE NOTICE OF
COMPLETION WITH THE COUNTY CLERK RECORDER; AND 4) AUTHORIZE THE RELEASE OF CONTRACT
RETENTION PAYMENT 35 DAYS AFTER FILING OF THE NOTICE OF COMPLETION, PROVIDED NO LIENS HAVE
BEEN FILED. (General Services)
3.09 Agreement with Esplanade Furniture for Countywide Furniture Purchases - Butte County departments
periodically purchase new or replacement furniture. General Services has completed a formal solicitation
and has negotiated a managed procurement contract with Esplanade Furniture for use by all County
Departments to streamline the process for procuring furniture. Staff recommends that the Board approve
the $250,000 contract with Esplanade Furniture. This managed procurement contract will allow
departments with adequate appropriations to make orders up to$25,000 without the need for additional
solicitation, contract execution or involvement from General Services. General Services will be returning
to the Board in the future with another managed procurement contract with Esplanade Furniture that will
be utilized by County Departments when a service, such as installation, is required in addition to the
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/8/2016
furniture - action requested - APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (General Services)
3.10 Agreement with Ray Morgan Company for Countywide Copiers -The County executed a contract with Ray
Morgan, with an effective date of February 9, 2009,for multifunction copiers. When the 3-year contract
was nearing the termination date,the County chose to amend the contract until December 31, 2016, and
to retain the old equipment, but for a much lower cost per device. Now that the low cost multifunction
copiers are nearly seven years old, they are starting to fail and require replacement with contemporary
equipment. General Services recommends utilizing a solicitation managed recently by the Shasta Unified
School District which was awarded to Ray Morgan Company for the same type of devices Butte County
requires. Further, General Services recommends that a new contract be awarded to Ray Morgan Company
that overlaps the current contract to allow for a phased delivery cycle that will meet the needs of County
Departments. Once all departments have transitioned to the new copiers, the current contract will be
terminated. The new$2,400,000 contract, spread over a five year term,will provide for the replacement
of approximately 175 County-wide copiers,located in approximately 55 locations throughout Butte County
buildings. This represents an annual increase in cost of approximately $125,000 due to procuring
contemporary devices with new warranties and less downtime - action requested - APPROVE THE
CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER. (General Services)
3.11 Award of Contract to NorthStar Engineering, Inc., for Design Services for the Oroville Veterans Memorial
Park-On January 26,2016,the Board approved an additional funding allocation in the amount of$219,250
for the Oroville Veterans Memorial Park of all of Butte County to supplement funding offered by the
Oroville Veterans Memorial Park Committee. This next phase of design will include the columns and
railings at the overlook, ADA/Accessible access into the overlook area, detailing of the concrete work,
construction of the "Wall of Honor", design and construction of lighting, analysis of future construction
phases, and design and placement of all future conduit necessary to allow for the ultimate park
construction. NorthStar Engineering was the civil engineer of record for both the retaining wall system at
the overlook, and the construction of the Park and Ride lots. They have retained a team of Geo-technical,
Landscape Architectural, and Electrical sub-consultants to assist them with the design of this next phase
of the project. Staff recommends that the Board approve the not-to-exceed contract of $46,205, to
NorthStar Engineering, Inc.for design and construction administration services. Staff will return with the
construction contract subsequent to the bidding phase of this project-action requested-1)APPROVE THE
CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER; AND 2)APPOINT THE GENERAL SERVICES DIRECTOR AS OFFICER OF THE PROJECT.
(General Services)
3.12 Butte County Correctional Officers Association-General Unit 12 Hour Shift Side Letter-To correctly report
pensionable compensation for Correctional Deputies who are regularly scheduled to work 84 hours per
biweekly pay period, the Butte County Correctional Officers Association - General Unit (BCCOA) and the
County have reached an agreement to compensate the Correctional Deputies at their base rate of pay(no
overtime pay) utilizing an exemption within the Fair Labor Standards Act for their regularly scheduled 84
hours during each pay period. In the past Correctional Deputies received overtime pay for hours 81
through 84.The parties have also agreed to pay the Correctional Deputies whom are regularly scheduled
to work 84 hours per biweekly pay period, a pensionable 2.5% "Detention Services Premium" special pay.
The change to paying 84 hours at straight time along with a 2.5% special pay is designed to be relatively
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/8/2016
cost neutral with minimal impact to the County General Fund -action requested-ADOPT THE SIDE LETTER
WITH BCCOA AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
3.13 Adoption of the Salary Ordinance for FY 2015-16 -The Department of Human Resources has prepared an
updated Salary Ordinance. The ordinance includes details on allocated positions, and the salary plans for
classified positions and elected and appointed officials. The ordinance is based on Board of Supervisors
actions regarding positions through February 9, 2016 as well as clean-up of the format of the ordinance to
improve readability. In addition, the proposed ordinance shows all hourly rates of pay with two decimals
consistent with how employees are actually paid. Past ordinances have included four decimals. The
conversion from four to two decimals was done in such a way that no employee will see a reduction in pay
due to rounding. If approved, the effective date of the ordinance is March 8, 2016 - action requested -
ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
3.14 Amendment to Grant Agreement with the State Department of Public Health for the Emergency
Preparedness Program -The Public Health Department currently has a grant agreement with the California
Department of Public Health (CDPH) to provide funding for Butte County's Public Health Emergency
Preparedness, Pandemic Influenza and Hospital Preparedness Programs in the amount of$1,406,406 for
the period of July 1, 2014 through June 30, 2017. Funds from this grant are utilized to develop and
implement specific activities related to emergency preparedness that are in accordance with the
requirements of the Centers for Disease Control and the Local Grant Application Guidance. Examples of
grant activities include health care system preparedness, volunteer management, emergency operations
coordination, information sharing, community preparedness, and program management. CDPH is
amending the current grant agreement to allow the department to utilize funds from the FY 2014-15 that
were not expended. The term of the agreement remains July 1, 2014 through June 30, 2017 with a revised
maximum amount receivable of $1,405,428 ($405,105 for FY 2014-15, $ 547,958 for FY 2015-16, and
$452,365 for FY 2016-17). This revised total reflects updated allocation figures for FY 2015-16 in addition
to the movement of unspent funds from FY 2014-15 to FY 2015-16.This amendment was anticipated and
included in the budget,therefore, no additional appropriations are required-action requested-APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER. (Public Health)
3.15 Amendment to Grant Agreement with California Department of Public Health for Ebola Preparedness and
Response-The Public Health Department currently has a grant agreement with the California Department
of Public Health (CDPH) to support accelerated state and local public health preparedness planning and
operational readiness for responding to Ebola. The program develops and implements specific activities
based on the Centers for Disease Control requirements. Examples of grant activities include community
preparedness, public health surveillance and epidemiological investigation, and responder safety and
health. CDPH is amending the grant agreement to extend the term of the agreement by nine months.
Requested is approval of an amendment between the California Department of Public Health and the
County of Butte to revise the term of the agreement to July 1, 2015 through June 30, 2017. All other
aspects of the grant agreement remain the same-action requested-APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Public Health)
3.16 Authorization to Award Module 4, Phase F Liner Project to the Lowest Responsive and Responsible Bidder
-On January 12, 2016,the Butte County Board of Supervisors authorized the Department of Public Works
to advertise the Module 4, Phase F Liner Project for the Neal Road Recycling and Waste Facility. On
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/8/2016
February 16, 2016, six bids were received and opened.The lowest responsive and responsible bidder was
Ford Construction Company, Inc. of Lodi, CA.The low bid amount was$692,800.00 which is 17.57%below
the engineers estimate of $840,460.00 - action requested - AWARD THE CONTRACT TO THE LOWEST
RESPONSIBLE AND RESPONSIVE BIDDER AND AUTHORIZED THE DIRECTOR OF PUBLIC WORKS TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL. (Public Works)
3.17 Proposed Revisions to Zoning Ordinance Regarding Temporary Real Estate and Political Signs in the Road
Right-of-Way - On February 10, 2015, the Butte County Board of Supervisors directed staff to process a
Zoning Ordinance Amendment regarding temporary real estate and political signs in the County road right-
of-way.The Department of Public Works worked with the Development Services Department and County
Counsel's Office to draft the proposed Zoning Ordinance Amendments and were prepared to bring them
to the Butte County Planning Commission when the Supreme Court issued its decision in Reed vs.Town of
Gilbert that placed new legal burdens on local agency sign regulations. In light of the recent Supreme Court
decision, County Counsel's office and the Development Services Department are reviewing the County's
existing sign regulations in our Zoning Ordinance to determine whether amendments will need to be made.
Staff recommends the County not proceed with the proposed Zoning Ordinance Amendments regarding
temporary real estate and political signs in the County road right-of-way until such time as a review of the
existing signs regulations are complete and additional information is learned about the impacts of the Reed
vs. Town of Gilbert decision - action requested - DIRECT STAFF TO NOT PROCEED WITH PROPOSED
REVISIONS TO THE ZONING ORDINANCE UNTIL SUCH TIME AS IMPACTS FROM THE REED VS. TOWN OF
GILBERT ARE BETTER KNOWN. (Public Works)
3.18 Public Auction Sale of Tax-Defaulted Properties—
Supervisor Kirk requested this item be removed from the consent agenda for discussion. Please see page
8 of this document.
3.19 Letters in Response to Request for Comments on Lassen National Forest Projects-The Butte County Forest
Advisory Committee (FAC) and Federal/State Land Use Coordinating Committee conduct meetings and
gather information in support of the Board of Supervisor's goal to promote access, preservation and
enjoyment of public lands in and around Butte County. When the U.S. Forest Service announces projects
or planned actions, interested parties, including local governments, have an opportunity to formally
comment on the proposals. Two such plans have recently been discussed at public meetings of the FAC
and the Coordinating Committee. First,the Committees recommend the Board submit a letter supporting
the work proposed in the High Lakes area in response to the Lassen National Forest, Almanor Ranger
District - High Lakes Motorized Trail Re-Routes and Staging Area project. The letter indicated the Board
would like to see the staging area serve multiple purposes to allow for both motorized and non-motorized
users to benefit. Second, the Committees recommend the Board submit a letter supporting Alternative 4
in the Lassen National Forest Over the Snow Vehicle NEPA/Environmental Impact Statement and opposing
Alternatives 2 and 3 - action requested - APPROVE LETTERS AND AUTHORIZE THE CHAIR TO SIGN.
(Treasurer/Tax Collector)
3.20 Butte County Board of Law Library Trustees -action requested - REAPPOINT RAOUL J. LECLERC, ESQ. AND
JOHN A. ZORBAS, ESQ.TO TERMS TO END JANUARY 9, 2017. (Other departments or agencies)
3.21 Resolution Recognizing March 2016 as American Red Cross Awareness Month-action requested- ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Other departments or agencies)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/8/2016
Members of Butte County's Red Cross Disaster Action Team accepted the resolution.
3.22 Resolution Recognizing the 30th Anniversary of the Peg Taylor Center - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (other departments or agencies)
Diane Cooper-Puckett, Executive Director of Peg Taylor, accepted the resolution.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.18 WHICH WAS REMOVED
FROM CONSENT FOR DISCUSSION ON THE REGULAR AGENDA. (Motion: Kirk; Second:Teeter)
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
(Pursuant to CA State law,the Board is prohibited from taking action on any item not listed on the
agenda.)
Supervisor Kirk reported that she and Supervisor Lambert attended the annual NCWA meeting on Friday.
Supervisor Teeter reported on a show/event put on by CALFire for children to teach safety measures.
Sheriff's Office staff participated as well.
Chair Connelly wanted to inform the public that, contrary to recent reports, the County is not closing the
Southside Oroville Community Center. He requested that staff research how the County might be able to
work toward ultimately transferring the ownership and leadership of the Center to the people of the
Community.
4.02 Update of Current Budget/Legislative Issues by the Chief Administrative Officer -action requested -
PROVIDE DIRECTION TO STAFF.
Paul Hahn,Chief Administrative Officer, provided a report. He requested consensus from the Board for the
County to send a letter to the Department of Water Resources (DWR) requesting an extension of the
comment period for the Draft Groundwater Sustainability Plan Emergency regulations.The Board directed
staff to send the letter to DWR.
4.03 General Plan Follow-Up and Implementation by Director of Development Services.
Tim Snellings. Director of Development Services, provided a report.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/8/2016
4.04-ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
3.18 Public Auction Sale of Tax-Defaulted Properties - In accordance with Chapter 7 of Part 6 of Division 1 of
the California Revenue and Taxation Code Section 3698, the Treasurer-Tax Collector requests approval to
sell at public auction via the Internet for the stated minimum price,the tax-defaulted properties which are
subject to the power of sale. There are currently 277 properties scheduled for auction. If approved, the
Treasurer-Tax Collector plans to schedule the auction for June 17-20, 2016 -action requested -APPROVE
REQUEST FOR APPROVAL TO SELL TAX-DEFAULTED PROPERTIES AND AUTHORIZE THE CHAIR TO SIGN.
(Treasurer/Tax Collector)
Supervisor Kirk requested this item be removed from the consent agenda for discussion. Susan Peterson,
Assistant Treasurer-Tax Collector, answered questions from the Board.
MOTION: I MOVE TO APPROVE THE REQUEST TO SELL TAX-DEFAULTED PROPERTIES AND AUTHORIZE THE CHAIR
TO SIGN. (Motion: Kirk; Second: Wahl)
VOTE: Motion APPROVED 5 -0
4.05 Reconsideration of Ordinance No.4106 Amending the Right to Farm Ordinance -California Elections Code
Section 9144 requires that the Board of Supervisors reconsider ordinances protested by petition. The
Board adopted Ordinance No. 4106 amending Sections 35-2 and 35-5 of Chapter 35 of the Butte County
Code,entitled "Right to Farm Ordinance"on January 26,2016.The effective date of the amendment would
have been February 25, 2016, but a petition protesting the adoption of the ordinance was filed with the
Clerk of the Board of Supervisors on February 24, 2016, thereby suspending the ordinance. The petition
was transferred to the Butte County Clerk-Recorder for signature verification.The County Clerk-Recorder
is currently in the process of verifying that there are sufficient valid signatures on the petition, and will
issue a certification to the results of the signature verification at the March 8, 2016 Board meeting. If
sufficient valid signatures are certified by the County Clerk-Recorder, pursuant to Elections Code Section
9145,the Board has the option of either: 1) repealing the ordinance amending the Chapter in its entirety,
or 2) by resolution, submitting the ordinance to the voters at the next regularly scheduled county election
occurring not less than 88 days after the date of the Board's order or at a special election called specifically
to vote on the ordinance at least 88 days after the order. If the ordinance is submitted to the voters, it
would only become effective if a majority of voters voting on the ordinance votes in favor of it.A resolution
calling for the election will be available at the time this item is considered. If the Board directs the
ordinance to be submitted to the voters at a special election, at a date specified by the Board, the
Department will return at a future meeting with the appropriate resolution -action requested—
1) REPEAL ORDINANCE NO. 4106; - OR-
2) ORDER ORDINANCE NO.4106 TO BE SUBMITTED TO THE VOTERS AT THE JUNE 7, 2016 PRIMARY
ELECTION, AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; - OR-
3) ORDER ORDINANCE NO.4106 TO BE SUBMITTED TO THE VOTERS AT A SPECIAL ELECTION TO BE
HELD NOT LESS THAN 88 DAYS AFTER THE DATE OF THE ORDER. (County Clerk-Recorder)
Candace Grubbs, County Clerk-Recorder/Registrar of Voters, provided a report. Paul Hahn, Chief
Administrative Officer and Bruce Alpert, County Counsel answered questions from the Board.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/8/2016
The following individuals addressed the Board on Ordinances 4106 and/or 4107 as the items were heard
together: Alex Green; Kay Saavedra; Chris McKay; Dan Levine; Dianna Wright; Janet Wolfley; George
Menas;James Carrell;Tom Korby; Jessica Mackenize;Judith Schreuder;James Townsend; Brian Maguire;
Debbie Tharp; Shirley; Andrew Merkel; Rose Hunt; Dean Moreland; Austin Rose; Aaron Gregman; J.R.
Tiara; Bill Wilson;George Bland; Loretta Anne Torres; Greg Phaelen; Rebecca Williams; Ken Lawson; Drew;
Max Hecker;_Solomon; Mr.X; David Moench;Jacob Macias; and John Maine.
MOTION: I MOVE TO ORDER ORDINANCE NO.4106 TO BE SUBMITTED TO THE VOTERS AT THE JUNE 7,2016 PRIMARY
ELECTION, AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Motion: Kirk; Second:Wahl)
VOTE: Motion carried 4- 1
YEA: Supervisor Connelly, Supervisor Kirk, Supervisor Wahl, Supervisor Lambert
NAY: Supervisor Teeter
4.06 Reconsideration of Ordinance No. 4107 Amending the Restrictions on Cultivation of Medical Marijuana
Ordinance - California Elections Code Section 9144 requires that the Board of Supervisors reconsider
ordinances protested by petition.The Board adopted Ordinance No.4107 amending Sections 34A-2, 34A-
3, 34A-4, 34A-13, 34A-16 and 34A-19 of Chapter 34A of the Butte County Code, entitled "Restrictions on
Cultivation of Medical Marijuana" on January 26, 2016.The effective date of the amendment would have
been February 25, 2016, but a petition protesting the adoption of the ordinance was filed with the Clerk
of the Board of Supervisors on February 24, 2016, thereby suspending the ordinance. The petition was
transferred to the Butte County Clerk-Recorder for signature verification. The County Clerk-Recorder is
currently in the process of verifying that there are sufficient valid signatures on the petition, and will issue
a certification to the results of the signature verification at the March 8, 2016 Board meeting. If sufficient
valid signatures are certified by the County Clerk-Recorder by the time the item is heard on March 8, 2016,
pursuant to Elections Code Section 9145, the Board has the option of either: 1) repealing the ordinance
amending the Chapter in its entirety; or 2) by resolution, submitting the ordinance to the voters at the
next regularly scheduled county election occurring not less than 88 days after the date of the Board's order
or at a special election called specifically to vote on the ordinance at least 88 days after the order. If the
ordinance is submitted to the voters, it would only become effective if a majority of voters voting on the
ordinance votes in favor of it.A resolution calling for the election at 2016 Primary Election will be available
at the time this item is considered. If the Board directs the ordinance to be submitted to the voters at a
special election, at a date specified by the Board,the Department will return at a future meeting with the
appropriate resolution -action requested -
1) REPEAL ORDINANCE NO. 4107; -OR-
2) ORDER ORDINANCE NO.4107 TO BE SUBMITTED TO THE VOTERS AT THE JUNE 7, 2016 PRIMARY
ELECTION, AND ADOPT RESOLUTION ORDERING AN ELECTION, AND AUTHORIZE THE CHAIR TO
SIGN; -OR-
3) ORDER ORDINANCE NO.4107 TO BE SUBMITTED TO THE VOTERS AT A SPECIAL ELECTION TO BE
HELD NOT LESS THAN 88 DAYS AFTER THE DATE OF THE ORDER. (County Clerk-Recorder)
MOTION: I MOVE TO ORDER ORDINANCE NO.4107 TO BE SUBMITTED TO THE VOTERS AT THE JUNE 7,2016 PRIMARY
ELECTION,AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Motion:Wahl;Second:Teeter)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/8/2016
PUBLIC HEARINGS AND TIMED ITEMS(No items)
PUBLIC COMMENT(each speaker limited to five minutes)
The following individuals addressed the Board: Dan Levine;Jessica MacKenzie; Judith Schreuder;JR; Mike
Willus; and Joe Wilson.
Recess
Recessed as the Butte County Board of Supervisors and convened as the In-Home Supportive Services
Public Authority Board.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/8/2016
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MINUTES
MARCH 8, 2016
1. Called to Order- Butte County Board of Supervisors Chambers, 25 County Center Drive,
2. Consent Agenda
2.01* Resolution Regarding the In-Home Supportive Services(IHSS) Public Authority Salary Plan
The Department of Human Resources is requesting to increase the salary for the Public
Authority Supervisor for the Butte County In-Home Supportive Services (IHSS) Public
Authority by 2%effective January 2, 2016. This increase mirrors what similarly situated
County employees received through contract negotiations per language in the individual
employee contract—action requested —ADOPT THE RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN. (Human Resources)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. (Motion:Teeter; Second: Lambert)
VOTE: Motion APPROVED 5 -0
3. Regular Agenda (No Items)
4. IHSS PA Board Closed Session
(To be held contemporaneously with the Board of Supervisors closed session)
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: CATHI GRAMS,JACK HUGHES AND BRIAN RING
EMPLOYEE ORGANIZATION: UDW
There were no announcements out of Closed Session
S. IHSS PA Board 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.
Adjournment
Adjourned as the In-Home Supportive Services Public Authority Board and reconvened as the Butte
County Board of Supervisors.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 3/8/2016
Board of Supervisors Closed Session-Adjourned to Closed Session on the following items:
7.01 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
7.02 ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(1) -2 CASES
1) 1)JACQUELINE DEVLIN v. BUTTE COUNTY AND MICHAEL SANDERSON; BUTTE COUNTY
SUPERIOR COURT CASE NO. 163271; AND
2) AMY GRANAT, CORKY LAZZARINO, SIERRA ACCESS COALITION, ET AL. v. UNITED STATES
DEPARTMENT OF AGRICULTURE, UNITED STATES FOREST SERVICE, ET AL.; USDC EASTERN
DISTRICT CASE NO. 15-00605 MCE-EFB.
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 ON MARCH 22, 2016.
Bill Connelly, Chair
Butte County Board Of Supervisors
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
PAGE 12