HomeMy WebLinkAboutM032415 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/24/2015
9:00 A.M. -CALL TO ORDER
Call to Order- Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville.
Members present: Supervisors Connelly, Wahl, Kirk, Lambert and Teeter
Pledge of Allegiance
Observation of a Moment of Silence.
CORRECTIONS AND/OR CHANGES TO THE AGENDA.
SUPERVISOR KIRK REQUESTED ITEM 3.17 (RESOLUTION MAKING APPLICATION TO LAFCo FOR DISSOLUTION OF
CSA 120) BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA.
CONSENT AGENDA
3.01 Resolution for Grant Proposal to Board of State and Community Corrections -The Mentally III Offender
Crime Reduction Grant Program is administered by the Board of State and Community Corrections
(BSCC). Grant funds will be awarded to programs that provide cost-effective supports and alternatives
that reduce crime and criminal justice costs, and maximize local resourses for prevention, intervention,
detention and after care services for adult offenders, among other criteria. The goal is to improve
quality of life for offenders while maintaining public safety. Another goal is to develop a 4-year strategic
plan allocating monies to provide integrated services between county departments and community-
based organizations to serve adult or juvenile offenders collaboratively with mental health issues for
reducing recidivism and increasing positive quality of life outcomes. Per the grant application process,
approval is requested by resolution, for the Butte County Department of Behavioral Health to submit a
grant proposal and to enter into a grant agreement following a successful grant award - action
requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health)
3.02 Appointments to Bangor Cemetery District - Supervisor Connelly makes the following nominations:
appoint Debbie Warren as Trustee; and reappoint Richard Phillips as Trustee (terms to end December
31, 2018) -action requested - MAKE APPOINTMENTS. (Board of Supervisors)
3.03 Approval of Minutes -action requested -APPROVE MARCH 10, 2015 BOARD OF SUPERVISORS MINUTES.
(County Administration)
3.04 Resolution Amending the Butte County Conflict of Interest Code - The Political Reform Act (Gov. Code
Section 87306) requires the County to amend its Conflict of Interest Code (hereinafter "Code") when
change is necessitated by changed circumstances. (Gov. Code Section 87306.) The Code was most
recently amended by Resolution No. 14-147 on October 21, 2014. Since that amendment was enacted,
several designated positions have been identified that are required to be included in Attachment B,
which enumerates designated positions. This resolution reflects those changes. Each of the individuals
holding the positions designated in the Code must file an annual Statement of Economic Interest (Form
700) as described in the resolution and attachments.These attachments include: Attachment A entitled
Conflict of Interest Code County of Butte; Attachment B which is a revised list of Designated Positions;
Attachment C which is a list of Committees and Commissions; Attachment D entitled Disclosure
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/24/2015
Categories for Designated Positions; and Attachment E entitled Place of Filing Statement of Economic
Interests - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County
Counsel)
3.05 Williamson Act Consistency Review and Contract Amendment - LLA14-0008 and LCA14-0004
(Brown/Faithful Legacy) - The property owners (Brown/Faithful Legacy) are proposing to adjust the
boundaries of the two parcels constituting APNs 038-150-048, 038-150-012, 038-210-005, and 038-210-
004, in order to allow the transfer of a portion of the property from one owner to the other. Rescission
and amendment of the applicable Land Conservation (Williamson) Act contract is required in
association with the lot line adjustment under Government Code Section 51257 and Rule 5.13.6 of the
Butte County Administrative Procedures and Uniform Rules for Implementing the California Land
Conservation (Williamson) Act. The property owners have asked to execute individual amendments to
the contract for each of the two subject parcels and the request is supported by staff and the Land
Conservation (Williamson) Act Advisory Committee as consistent with State law and the County's
program. The Land Conservation (Williamson) Act Advisory Committee reviewed the subject
applications at its meeting on December 1, 2014, and recommends this action to the Board of
Supervisors as consistent with the Williamson Act program. If approved, the lot line adjustment and
contract amendments shall be recorded concurrently, subject to the applicant's payment of outstanding
processing fees or costs - action requested - 1) DETERMINE THAT ALL REQUIRED FINDINGS CAN BE
MADE REGARDING THE CONSISTENCY OF LOT LINE ADJUSTMENT LLA14-0008 (BROWN/FAITHFUL
LEGACY) WITH THE WILLIAMSON ACT AS DETAILED IN THE STAFF REPORT; AND 2) APPROVE THE TWO
CONTRACT RESCISSIONS/AMENDMENTS (LCA14-0004) AND AUTHORIZE THE CHAIR TO SIGN.
(Development Services)
3.06 Agreement with California SAWS Consortium IV (C-IV) - Additional Workstations and Printers - The
Department of Employment and Social Services (DESS) will be adding staff and have a need to enter into
an agreement with California SAWS Consortium IV (C-IV), for the purchase and installation of 20
additional dual-monitor workstations, 7 scanners, 2 printers, and a 24 port switch to be installed in 205
Mira Loma, Suite 10. This purchase includes software licenses as well as administrative charges for
equipment installation, recurring production operations charges for remote workstation maintenance
and patch cables for the infrastructure expansion. The term of the agreement is March 1, 2015 through
October 31, 2019 with a maximum amount of$89,266 ($69,399 for FY 2014-15, $1,663 for FY 2015-16,
$1,663 for FY 2016-17, $14,185 for FY 2017-18, $1,663 for FY 2018-19, and $693 for FY 2019-20) -action
requested - APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Employment and Social Services)
3.07 Addition of New Positions and Approval of Budget Adjustment - The Department of Employment and
Social Services (DESS) was recently notified by the State of California that additional FY 2014-15
allocations have been made available to provide for local resources needed to comply with certain
mandated services. The DESS will receive additional Medi-Cal funding to administer increased caseload
related to continued implementation of the Affordable Care Act (ACA). The DESS requests the addition
of fourteen (14) positions in eligibility services to administer this increased mandated workload. The
requested positions include eleven (11) Employment & Eligibility Specialist, one (1) Employment &
Eligibility Specialist, Senior, one (1) Employment & Eligibility Program Specialist, one (1) Supervisor,
Employment & Eligibility positions. The DESS also requests two (2) Supervisor, Social Work positions for
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/24/2015
the new federally mandated Child Welfare Services Case Record Review process. Qualitative case
reviews will assist the Department in a variety of ways as detailed in the staff report. Additionally, the
DESS requests the deletion of one (1) vacant Information Systems Analyst, Principal position. The DESS
FY 2014-15 budget included the addition of one (1) Supervisor, Information Systems Analyst position
and noted that once this position was filled, the Department would delete the Information Systems
Analyst, Principal position. The total estimated cost in the current fiscal year is $201,017 for the
Employment and Eligibility staff, and $48,035 for Supervisor, Social Work staff. Funds are available from
federal, state, and local realignment revenue. There is no impact to the County General Fund - action
requested - 1) APPROVE BUDGET ADJUSTMENT (4/5 vote required); AND 2) ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services)
3.08 Resolution Proclaiming March 2015 as Social Work Month - The Director of the Department of
Employment and Social Services requests that the Board of Supervisors adopt a resolution proclaiming
March 2015 as Social Work Month in Butte County - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services)
CATHI GRAMS, DIRECTOR OF EMPLOYMENT AND SOCIAL SERVICES, ACCEPTED THE RESOLUTION.
3.09 Resolution to Amend Resolution No. 15-003 to Correct a Typographical Error in the Volume Number of a
Referenced Deed - On January 13, 2015, the Board of Supervisors of the County of Butte, State of
California, adopted Resolution No. 15-003 removing any deed restrictions from the parcel underlying
Cal Fire Butte Unit Fire Station 63 at 176 Nelson Avenue, Oroville. Subsequent to the adoption of the
Resolution, it was discovered that the resolution and the unrecorded quit claim deed prepared by staff
contained a typographical error in the Volume number of the reference to the 1933 deed that read in
part, "recorded on September 15, 1933 in Volume 7, Page 268 of the Official Records of the County of
Butte";the correct reference to the 1933 Deed should read in part, "recorded on September 15, 1933 in
Volume 107, Page 268 of the Official Records of the County of Butte". Staff requests that the Board
adopt a resolution to amend Resolution No. 15-003 - action requested - 1) ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN; AND 2) AUTHORIZE THE DIRECTOR OF GENERAL SERVICES TO CORRECT
THE VOLUME REFERENCE AND EXECUTE THE QUIT CLAIM DEED. (General Services)
3.10 Blanket Purchase Agreement: MC2 Design Group, Inc. - On February 25, 2014,the Board of Supervisors
approved the Butte County Communication Strategy for 2014 and 2015 (Strategy). The purpose of the
Strategy is to establish Butte County as open, responsive, and innovative when serving employees, the
media, and the public. The Strategy includes four initiatives designed to coordinate communication
efforts countywide in order to better serve and connect with internal and external audiences. The first
initiative in the Strategy is to promote Butte County's open, responsive, and innovative service to the
public. One key way to coordinate visual communication materials and provide a cohesive look and feel
for visual outreach materials is to establish brand/style standards. In order to create consistency in
public outreach materials which are designed professionally, the County formally solicited for the
services of design firms able to produce material that follow the County Style Guide for visual
communication. The selection panel, comprised of members from several County Departments,
determined that MC2 Design Group, Inc., a Butte County firm, is best able to meet the needs of the
County. Staff recommends that the Board execute a Blanket Purchase Agreement (BPA) with MC2
Design Group, Inc. with a not-to-exceed price of $180,000 for a three year term to expire March 24,
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/24/2015
2018. The BPA can be utilized by all County departments when they need professional design services.
The BPA does not require staff to use external, professional services, and public outreach materials can
continue to be created internally by staff when appropriate - action requested - APPROVE THE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (General Services/County Administration)
3.11 Budget Adjustment - General Services Vehicle Replacement - General Services received approval to
purchase a new vehicle through the Support Services Equipment Replacement Fund as part of the FY
2014-15 budget. Following adoption of the budget, the cost to purchase the vehicle exceeded the
amount appropriated by approximately $3,474. Approval is requested for a budget adjustment
transferring additional funds to, and increasing appropriations in, the Support Services Equipment
Replacement Fund - action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required). (General
Services/County Administration)
3.12 Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following departments. These changes will leave the
total allocations in the County unchanged:
Development Services: The Development Services Department is requesting to flexibly staff a variety of
allocations in their department. These changes include: Account Clerk, Senior to Accounting
Specialist/Account Clerk, Senior/Account Clerk; Administrative Assistant, Senior to Administrative
Assistant, Senior/Administrative Assistant; Administrative Analyst, Senior to Administrative Analyst,
Senior/Administrative Analyst/Administrative Analyst, Associate; Building Inspector (term position to
end 06/30/15) to Building Inspector, Senior/Building Inspector (term position to end 06/30/15); Office
Assistant to Office Specialist, Senior/Office Specialist/Office Assistant; Permit Assistant (term position to
end 06/30/15) to Permit Technician/Permit Assistant (term position to end 06/30/15); Planner,
Assistant to Planner, Senior/Planner, Assistant/Planner, Associate; Planner, Assistant (term position to
end 06/30/15)to Planner, Senior/Planner, Assistant/Planner, Associate (term position to end 06/30/15);
and Information Systems Technician, Senior/Information Systems Technician/Information Systems
Technician, Associate to Information Systems Analyst, Senior/Information Systems Analyst/Information
System Analyst, Associate/Information Systems Technician, Senior. These changes will leave the total
allocation in the department unchanged and have no additional fiscal impact on the County General
Fund.
District Attorney: The District Attorney's Office is requesting to delete one (1) vacant position of Office
Specialist, Senior/Office Specialist/Office Assistant and add one (1) position of Supervisor, Support
Services. Currently there are two (2) Supervisors supervising twenty three (23) clerical staff.This change
is being made to reduce this span of control to a more manageable, efficient ratio. This change will
leave the total allocations in the department unchanged and any increase in costs associated with this
change will be covered in the department's FY 2014-15 budget - action requested - ADOPT THE
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
3.13 Resolution Regarding Disability Retirement Determination for Safety Members - Board Resolution 89-
022, adopted on February 28, 1989, authorizes the Personnel Director to make disability retirement
determinations for safety members on behalf of the County. Since that time, the Personnel Director
classification has been changed to Director-Human Resources. In addition Resolution 89-022 has
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/24/2015
outdated language for Personnel Rule 7.12. In order to be in compliance with CaIPERS' requirement to
have a current Resolution on file, the Resolution needs to be replaced to reflect the current language
from the Personnel Rules along with the correct title of the Director-Human Resources - action
requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
3.14 Surplus Equipment -The Public Health department requests the Board of Supervisors to declare surplus
the following capital asset: Fisher Scientific, Lab Refrigerator - Asset No. 26909. The Public Health
Laboratory Refrigerator (Asset No. 26909) was purchased in 2004 for $7,473.18. The item is no longer
in working order and repairs would be cost prohibitive - action requested - 1) DECLARE CAPITAL ASSET
ITEMS SURPLUS TO THE NEEDS OF THE COUNTY; 2) DIRECT THE ITEMS TO BE REMOVED FROM THE
CAPITAL ASSET INVENTORY LIST; AND 3) AUTHORIZE TRANSFER TO COUNTY SURPLUS IN ACCORDANCE
WITH COUNTY POLICY. (Public Health)
3.15 Kennedy Avenue Closure-Right of Way Exchange - As part of the Kennedy Avenue closure easterly of
Highway 32 (between Highway 32 and West East Avenue, see location map included in staff report),the
County entered into an agreement to vacate and exchange rights of way for the new cul-de-sac. In
conformance with the terms of this agreement staff requests Board adoption of a resolution vacating
and exchanging real property, quitclaim the vacated property to the adjoining property owners, and
accept a grant deed for the new cul-de-sac right of way. This property exchange is the result of an
agreement between the Chapman Family Trust that owns property at the end of Kennedy Avenue
where it connected with Highway 32 (a copy of the agreement is attached as "Exhibit B" to the
proposed Board resolution for this Item). The Chapman's had several code violations in 2003 for their
mini storage and this agreement was a part of resolving the situation. The other property owner
(Uecker) was involved because one half of the Kennedy Ave right of way was to be transferred to them.
This item was originally brought before the Board in 2007, but because of pending issues with the code
violations, the item was pulled from the agenda. Recently, one of the property owners contacted the
department to get copies of the documents and upon looking into the matter, staff discovered that the
item had not been brought back to the Board once the code items had been resolved. Once staff
confirmed that the code issues had been resolved this item was brought back for Board consideration -
action requested - 1) ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN; 2) ACCEPT GRANT DEED
FROM THE CHAPMAN FAMILY TRUST AND AUTHORIZE CHAIR TO SIGN; AND 3) APPROVE QUITCLAIM
DEEDS TO THE CHAPMAN FAMILY TRUST AND UECKER AND AUTHORIZE CHAIR TO SIGN. (Public Works)
3.16 Oakdale Heights Safe Routes To School (SRTS) Project (SRTSL-5912(096)) - In 2011, the County was
awarded a Federal Highway Administration (FHWA) 2011 SRTS Program Grant in the amount of
$941,400, for the construction of safety improvements on Las Plumas Ave. between Walmer Rd. and
Autrey Ln. and on Walmer Rd. between Lincoln Blvd. and Rosedale Ave. This project is located south of
the City of Oroville and will include construction of sidewalks, curb and gutter, curb ramps, speed
feedback signs, asphalt paving and traffic striping and markings. The project will be constructed during
summer break to minimize traffic congestion during construction activities. The engineer's estimate is
approximately$830,000 for construction. The estimated project total cost is $1,200,000, which includes
preliminary engineering, right-of-way, construction, and a non-infrastructure component. The Public
Works Department is in the process of requesting authorization to advertise and solicit bids for the
construction of this project - Federal Project No SRTSL-5912(096), County Project No. 23501-2012-01
from Caltrans - action requested - 1) APPROVE THE PROJECT; 2) AUTHORIZE THE DIRECTOR OF PUBLIC
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/24/2015
WORKS TO ADVERTISE AND SOLICIT BIDS FOR THE CONSTRUCTION OF THE PROJECT ONCE THE COUNTY
RECEIVES APPROVAL FROM CALTRANS TO PROCEED WITH CONSTRUCTION; AND 3) AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO SIGN PLANS ONCE THE COUNTY RECEIVES APPROVAL FROM CALTRANS
TO PROCEED WITH CONSTRUCTION. (Public Works)
3.17 Resolution Making Application to the Local Agency Formation Commission (LAFCo) for Dissolution of
County Service Area (CSA) 120 - Oak Way Park Subdivision - THIS ITEM WAS REMOVED FROM THE
CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. IT WAS NOT ADOPTED AS PART OF THE
CONSENT. (REFER TO PAGES 8-9 OF THIS DOCUMENT.)
3.18 Inmate Medical Invoices - The Sheriff's Office, through our contracted inmate medical provider
California Forensics Medical Group (CFMG), provides inmates with medical care. Two inmates received
extraordinary care and were hospitalized incurring medical bills of $370,000. CFMG negotiates the
hospital rate to be paid and reduces the payment. In this case,the total of the two cases was reduced to
$101,400. CFMG then pays the hospital and reduces Butte County's invoice of reimbursement by their
$15,000 copay. Butte County's final bill was $45,698 for one inmate and $30,819 for the second inmate.
Neither case meets the catastrophic insurance threshold for reimbursement from our insurance carrier.
We have requested the assistance of the Department of Employment and Social Services to attempt to
receive reimbursement through MediCal. The Sheriff's Office is requesting to increase the jail's
professional services budget by $76,500 offset by Inmate Welfare Funds in order to pay the invoice -
action requested -APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Sheriff)
3.19 State of California, Department of Parks and Recreation, Division of Boating and Waterways - FY 2016
Grant Agreement and Resolution -The Butte County Sheriff's Office is requesting to accept a grant from
the State of California, Department of Parks and Recreation, Division of Boating and Waterways for FY
2015-16 to continue the existing program. The waterways include the Feather River, Lake Oroville, and
the Sacramento River. Revenue was anticipated and budgeted during annual budget preparation. The
Sheriff's Office is charged with enforcement of State and local laws and regulations for boating activities
by means of vessel, foot patrol, or motor vehicle; educating the public on State and local laws and
regulations; inspection of vessels for compliance with required safety equipment and registration
requirements; supervision of organized on-the-water boating activities or water events that allows for
the protection and safety of the boating public during such activities or events. The program is year-
round and funds one full-time uniformed deputy sheriff and a leased vehicle, marine equipment, and
supporting program services. The State requires the County to match the grant award of$159,342 with
boat tax revenue in the amount of $94,674. A full-time Sheriff's Sergeant is assigned to oversee the
water enforcement program. Appropriations and anticipated revenue are included in the Sheriff's FY
2015-16 budget - action requested - 1) ACCEPT GRANT AWARD AND ADOPT RESOLUTION IN SUPPORT
OF THE BOATING SAFETY AND ENFORCEMENT AIDE PROGRAM FY 2015-16; 2) RATIFY SHERIFF HONEA'S
SIGNATURE ON GRANT AGREEMENT; AND 3) AUTHORIZE THE FOLLOWING REPRESENTATIVES FROM
THE SHERIFF'S OFFICE TO SIGN QUARTERLY REPORTS, QUARTERLY REIMBURSEMENT REQUESTS,
ANNUAL REPORTS AND OTHER DOCUMENTS FOR THE PERFORMANCE OF SERVICES DESCRIBED IN THE
GRANT: KORY L. HONEA, SHERIFF-CORONER; JD JONES, SHERIFF'S CAPTAIN; STEPHEN COLLINS,
SHERIFF'S SERGEANT, AND SUSAN TIFFANY, ADMINISTRATIVE ANALYST, ASSOCIATE. (Sheriff)
3.20 U.S. Department of Justice - Organized Crime Drug Enforcement Task Force (OCDETF) - The Butte
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/24/2015
County Sheriff's Office, Butte Interagency Narcotic Task Force (BINTF), applied to the U.S. Department
of Justice for funds from the OCDETF for an overtime agreement. This agreement in the amount of
$5,000 was awarded to BINTF. The funds are specifically to be used for overtime and are limited to
cases that have been designated as OCDETF investigation cases. The agreement period is October 1,
2015 through September 30, 2016. Sheriff Kory Honea signed the agreement with the Department of
Justice - action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required) AND RATIFY SHERIFF
KORY HONEA'S SIGNATURE. (Sheriff)
3.21 State of California, Off-Highway Motor Vehicle Recreation (OHMVR) - Resolution - The Butte County
Sheriff's Office is seeking grant funding from the State of California, Department of Parks and
Recreation, Division of Off-Highway Motor Vehicle Recreation. Grant funds will provide Off-Highway
Vehicle patrol and enforcement in areas of the Jonesville Snow Park and Butte Meadows. The grant
term will be January 1, 2016 - December 31, 2016. The grant application requires a resolution adopted
by Board of Supervisors. The State requires matching funds of 25% which will be met by the Sheriff's
Office staff providing supervision of grant activities, financial oversight, and Search and Rescue
volunteer time. As part of the application process, there is a public comment and feedback period
before the final application is due on May 4, 2015.The public can view the on-line grant application and
submit comments. To view the application, go to the California State OHV Grants and Cooperative
Agreements program at www.ohv.parks.ca.gov - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Sheriff)
3.22 Contract for Inmate Transportation Services-US Corrections -The Sheriff's Office is required to transport
in-custody prisoners for various reasons. On occasion, Butte County must send staff to complete a
transport but whenever possible,the Sheriff's Office uses contractors for the service.The Sheriff's Office
would like to contract for interstate transport services with US Corrections. US Corrections is strictly
regulated by the U.S. Department of Transportation,the Federal Motor Carrier Safety Administration as
well as the California Public Utility Commission to maintain licensing and permit requirements as a
specialized carrier. The term of the contract is three years upon execution by the County. Maximum
payable for this service is $30,000, funds are currently within the Sheriff's Office budget - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Sheriff)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.17 WHICH WAS
REMOVED FROM CONSENT FOR DISCUSSION ON THE REGULAR AGENDA. (MOTION: KIRK; SECOND:
CONNELLY)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/24/2015
REGULAR AGENDA
4.01 BOARDS,COMMISSIONS AND COMMITTEES
A. APPOINTMENTS TO LISTED VACANCIES
MOTION: I MOVE TO APPOINT BRAD MATTSON TO RECLAMATION DISTRICT 200 (AT THE RECOMMENDATION OF
DRAINAGE RECLAMATION DISTRICT 200). (MOTION: LAMBERT; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
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 CONNELLY BROUGHT UP A REQUEST FROM CONSTITUENTS IN THE MERRY MOUNTAIN
SUBDIVISION IN THE CLIPPER MILLS AREA FOR AN ESCAPE ROUTE OUT OF THE AREA IN THE EVENT OF A
FIRE.
4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, INFORMED THE BOARD THAT HE IS REQUESTING
APPROVAL OF A LETTER OF SUPPORT FOR AB 203 REGARDING AN EXTENSION OF THE APPEAL PERIOD
RELATED TO THE SRA(STATE RESPONSIBILITY AREA) FEE.
MR. HAHN ALSO INFORMED THE BOARD THAT THE STATE WILL BE ADDRESSING THE DROUGHT WITH
SOME NEW RESTRICTIONS ON WATER USAGE. HE REPORTED THAT PAUL GOSSELIN, DIRECTOR OF
WATER AND RESOURCE CONSERVATION, WILL BE WORKING WITH THE DROUGHT TASK FORCE TO
BRING BACK A REPORT TO THE BOARD.
MR. HAHN PROVIDED AN UPDATE IN THE GARBAGE COLLECTION FRANCHISES WITH WENT INTO EFFECT
IN MARCH 2015.
HE ALSO GAVE AN UPDATE ON THE PACIFIC LEGAL FOUNDATION'S LAWSUIT RELATED TO THE PLUMAS
NATIONAL FOREST'S TRAVEL MANAGEMENT PLAN.
4.03 Items Removed from the Consent Agenda for Board Consideration and Action.
3.17 Resolution Making Application to the Local Agency Formation Commission (LAFCo) for Dissolution of
County Service Area (CSA) 120 - Oak Way Park Subdivision - CSA 120 was annexed into the City of
Chico on May 5, 1997 but the dissolution of this special district was never completed due to
landowner concerns over what jurisdiction would provide continued drainage maintenance services.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/24/2015
At the time of annexation there was sufficient fund balance to continue annual state reporting
requirements. Currently, the fund balance is negative, therefore additional funding needs to be made
available for the Auditor to be in compliance with annual reporting. To remove this special district
from annual state reporting requirements, an application to LAFCo for dissolution and deposit fee
must be submitted to accomplish this. According to staff at LAFCo, the dissolution process is exempt
from CEQA under exemption 15301 that states for existing facilities that involve negligible or no
expansion of use beyond that existing at the time of the lead agency's determination is categorically
exempt -action requested - 1) FIND THAT THE APPLICATION TO DISSOLVE CSA 120 IS CATEGORICALLY
EXEMPT FROM CEQA (CEQA EXEMPTION 15301); 2) APPROVE $5,300 BUDGET ADJUSTMENT FROM
APPROPRIATION FOR CONTINGENCIES (4/5 vote required); AND 3) ADOPT RESOLUTION AND
AUTHORIZE CHAIRTO SIGN. (Public Works)
SUPERVISOR KIRK REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA. SHAWN O'BRIEN, ASSISTANT DIRECTOR OF PUBLIC WORKS,
ANSWERED QUESTIONS FROM SUPERVISOR KIRK. TOM BLIXT, ADMINISTRATIVE ANALYST WITH
PUBLIC WORKS, ALSO ANSWERED QUESTIONS.
MOTION: I MOVE TO: 1) FIND THAT THE APPLICATION TO DISSOLVE CSA 120 IS CATEGORICALLY EXEMPT FROM
CEQA (CEQA EXEMPTION 15301); 2) APPROVE $5,300 BUDGET ADJUSTMENT FROM APPROPRIATION
FOR CONTINGENCIES (4/5 VOTE REQUIRED); AND 3) ADOPT RESOLUTION AND AUTHORIZE CHAIR TO
SIGN. (MOTION: CONNELLY; SECOND:WAHL)
VOTE: Motion carried 4- 1
YEA: Supervisor Lambert, Supervisor Wahl, Supervisor Connelly, Supervisor Teeter
NAY: Supervisor Kirk
4.04 Petition for Partial Cancellation of Williamson Act Contract (LCA14-0001 -Wild Goose Club) -The Wild
Goose Club, Inc. has petitioned for partial cancellation of its 1,432-acre Land Conservation
(Williamson) Act contract (LCA14-0001), in association with a previously-approved internal lot line
adjustment (LLA13-0020) to separate the subject 8.82-acre portion of the property, which is
developed with 21 seasonal hunting cabins and six other permanent hunting club structures, from the
remainder of the property; as well as rescission and amendment of the contract for the remainder of
the property to open space for managed wetland (LCA14-0002). The entire Wild Goose Club property
is subject to the Wild Goose Club (1978) Williamson Act contract. Approximately 1,100 cattle were
grazed on the property at the time the contract was executed. However, this use was discontinued in
the 1990s. The property has also been used as a waterfowl hunting club since the inception of the
Williamson Act contract. No new alternate use is proposed for the 8.82-acre area to be canceled.
Rather, the cancellation will remove from the Act the area of the property which has been developed
with permanent hunting club structures and is therefore out of compliance with the County's
Williamson Act program. Staff and the Land Conservation (Williamson) Act Advisory Committee
recommend approval of the tentative partial cancellation - action requested - 1) ADOPT THE INITIAL
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/24/2015
STUDY/NEGATIVE DECLARATION FOR THE WILD GOOSE CLUB LOT LINE ADJUSTMENT LLA13-0020,
PARTIAL LCA CANCELLATION LCA14-0001, AND LCA CONTRACT RESCISSION/AMENDMENT LCA14-
0002, IN COMPLIANCE WITH CEQA; 2) CERTIFY TO THE COUNTY AUDITOR A CANCELLATION FEE IN
THE AMOUNT OF $20,625; AND 3) BASED ON THE FINDINGS OF FACT IN THE RESOLUTION, ADOPT
RESOLUTION APPROVING THE TENTATIVE PARTIAL CANCELLATION OF THE WILLIAMSON ACT
CONTRACT ON THE APPROXIMATELY 8.82-ACRE PARCEL CREATED BY LLA13-0020 (FORMER APNS 021-
030-016 AND 021-030-009 [PORTION]), SUBJECT TO THE CONDITIONS, CONTINGENCIES AND
REQUIREMENTS AS LISTED IN THIS STAFF REPORT; AND 4) DIRECT THE CLERK OF THE BOARD TO
RECORD THE CERTIFICATE OF TENTATIVE CANCELLATION PURSUANT TO SECTION 51283.4.
(Development Services)
CLAUDIA STUART, PRINCIPAL PLANNER WITH DEVELOPMENT SERVICES, PROVIDED A REPORT.
MOTION: I MOVE TO: 1) ADOPT THE INITIAL STUDY/NEGATIVE DECLARATION FOR THE WILD GOOSE CLUB LOT
LINE ADJUSTMENT LLA13-0020, PARTIAL LCA CANCELLATION LCA14-0001, AND LCA CONTRACT
RESCISSION/AMENDMENT LCA14-0002, IN COMPLIANCE WITH CEQA; 2) CERTIFY TO THE COUNTY
AUDITOR A CANCELLATION FEE IN THE AMOUNT OF $20,625; AND 3) BASED ON THE FINDINGS OF
FACT IN THE RESOLUTION, ADOPT RESOLUTION APPROVING THE TENTATIVE PARTIAL CANCELLATION
OF THE WILLIAMSON ACT CONTRACT ON THE APPROXIMATELY 8.82-ACRE PARCEL CREATED BY LLA13-
0020 (FORMER APNS 021-030-016 AND 021-030-009 [PORTION]), SUBJECT TO THE CONDITIONS,
CONTINGENCIES AND REQUIREMENTS AS LISTED IN THIS STAFF REPORT; AND 4) DIRECT THE CLERK OF
THE BOARD TO RECORD THE CERTIFICATE OF TENTATIVE CANCELLATION PURSUANT TO SECTION
51283.4. (MOTION: LAMBERT; SECOND:WAHL)
VOTE: Motion APPROVED 5 -0
4.05 Resolution Updating Butte County On-Site Wastewater Manual - On March 16, 2010, the Board of
Supervisors adopted the On-Site Wastewater Systems Ordinance 4018 (Butte County Code Chapter
19) and two resolutions: 1) adopting the On-Site Wastewater Manual (Resolution 10-042) and 2)
establishing a Wastewater Advisory Committee (Resolution 10-043). One of the functions of the
Wastewater Advisory Committee is to advise the Public Health Department and Board of Supervisors
on matters pertaining to interpretation and revision of the On-Site Wastewater Manual so that it
continues to best serve the needs of the local community while protecting water quality and public
health. The Wastewater Advisory Committee has met regularly since its inception in June 2010 and
has now identified changes to the Manual that will: 1) Clarify when a permit or notification is
required for septic tank modification or destruction; 2) Establish independent third-party review and
standards for plastic tanks and chambers in lieu of the current requirement for product-by-product
approval by Environmental Health; 3) Add septic tank destruction procedures; 4) Allow a 30%
reduction in drainfield size when gravel-less chambers or bundled expanded polystyrene synthetic
aggregate is utilized for wastewater dispersal; 5) Add a requirement for supplemental treatment units
to be inspected after the six months of operation by an Operation, Monitoring, and Maintenance
Specialist; 6) Remove dissolved oxygen measurement as an indicator of water intrusion into a septic
tank; and 7) Remove the requirement for total and fecal coliform testing of supplemental treatment
effluent unless disinfection is utilized - action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN. (Public Health)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/24/2015
CATHY RAEVSKY, DIRECTOR OF PUBLIC HEALTH AND BRAD BANNER, ENVIRONMENTAL HEALTH
DIRECTOR, PROVIDED A REPORT.
MOTION: I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: CONNELLY;
SECOND:WAHL)
VOTE: Motion APPROVED 5 -0
4.06 Sustainable Groundwater Management Act - Intent to be a Groundwater Sustainability Agency - The
Sustainable Groundwater Management Act (SGMA) went into effect on January 1, 2015. One of the
near-term actions is to establish one or more Groundwater Sustainability Agencies (GSA)that will take
responsibility of developing and implementing a Groundwater Sustainability Plan (Plan) for the four
subbasins in Butte County. A GSA can be formed by a single local public agency, or combination of
agencies. Local public agencies eligible to be part of a GSA must have either water supply, water
management, or land use responsibilities. Counties are presumed to be the GSA for unmanaged
areas in basins. Local public agencies intending to be a GSA for all, or a portion, of a basin must notify
the Department of Water Resources by June 30, 2017. If a GSA is not formed, the state will intervene,
impose fees and assume management of the basin. In advance of the June 30, 2017 deadline, Butte
County and local agencies should pursue developing an implementation approach that meets local
needs. Adopting a resolution would provide certainty that Butte County will be a GSA for the
subbasins in Butte County and advance implementation discussions. On March 4, 2015, the Butte
County Water Commission passed a motion (6-1) to recommend that the Board of Supervisors adopt
a resolution to: 1) Declare the intent of Butte County to be a Groundwater Sustainability Agency for
the Vina, West Butte, East Butte and North Yuba subbasins; 2) Authorize the department to pursue
development of a governance structure with other eligible GSAs for each of the respective subbasins;
and 3) Have the department evaluate whether basin boundaries should be adjusted in a manner that
will improve the likelihood of achieving sustainable groundwater management - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIRTO SIGN. (Water and Resource Conservation)
PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION, PROVIDED A REPORT.
MOTION: I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: KIRK; SECOND:
WAHL)
VOTE: Motion APPROVED 5 -0
PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:30 a.m. - Public Hearing -Appeal of Planning Commission's Decision to Record a Notice of Violation
for APN: 061-320-021 (Arthur J. Gross) - Arthur J. Gross, property owner of Assessor Parcel Number
061-320-021, is appealing the decision of the Planning Commission to record a Notice of Violation on
the property's title due to the property having been subdivided in violation of Butte County Code. Mr.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/24/2015
Gross is also requesting a fee waiver for a Legal Lot Determination application. The Planning
Commission hearing was held on December 11, 2014 to consider the evidence to record Notice of
Violations for 27 parcels (Lane Judgment Area-M ISC14-0007) that had been divided in violation of
Butte County Code between 1969 and 1977. The parcels are located along Bean Creek Road, off Bald
Rock Road, approximately 3 miles south of Oroville-Quincy Highway, in the community area of Berry
Creek - action requested - 1) ADOPT RESOLUTION TO DENY THE APPEAL OF THE PLANNING
COMMISSION'S APPROVAL TO RECORD THE NOTICE OF VIOLATION FOR APN: 061-320-021; AND 2)
DENY THE FEE WAIVER REQUEST FOR A LEGAL LOT DETERMINATION APPLICATION. (Development
Services)
ROWLAND HICKEL, SENIOR PLANNER WITH THE DEPARTMENT OF DEVELOPMENT SERVICES,
PROVIDED A REPORT.
MOTION: I MOVE TO 1) ADOPT RESOLUTION TO DENY THE APPEAL OF THE PLANNING COMMISSION'S
APPROVAL TO RECORD THE NOTICE OF VIOLATION FOR APN: 061-320-021; AND 2) DENY THE FEE
WAIVER REQUEST FOR A LEGAL LOT DETERMINATION APPLICATION. (MOTION: CONNELLY; SECOND:
LAMBERT)
VOTE: Motion APPROVED 5 -0
5.02 10:30 a.m. - Continued Public Hearing - Amendments to Butte County Code Chapter 24. Zoning
Ordinance, Draft Special Events Facilities Ordinance and Final Supplemental Environmental Impact
Report (SEIR) - On February 24, 2015, the Board of Supervisors held a public hearing, took public
testimony and continued the public hearing to March 24, 2015 in order for staff to provide further
information as requested by the Board of Supervisors and as detailed in the staff report. The
proposed Special Events Facilities Ordinance is a County-initiated amendment to the Butte County
Zoning Ordinance that would be located under Part 4, Supplemental Use Regulations, as new Section
24-175.2 of the Zoning Ordinance. An SEIR has been prepared for this project pursuant to the
California Environmental Quality Act (CEQA).The Special Event Facilities Ordinance is applicable to the
unincorporated area of Butte County. The Special Events Facilities Ordinance sets forth a permit
process and various standards and requirements for special event facilities. A special event is defined
as a celebration, ceremony, wedding, reception, corporate function, or similar activity for the benefit
of someone other than the property owner that takes place on a periodic basis, involving the
gathering of individuals assembled for the common purpose of attending a special event. A special
event facility is a facility where special events are permitted to occur subject to a use agreement
between a private group or individual and the facility owner, and subject to a minor use permit
approved in compliance with the Special Events Facilities Ordinance. The provisions set forth under
the proposed Special Events Facilities Ordinance apply in the AG (Agriculture), TM (Timber Mountain),
RR (Rural Residential), FR (Foothill Residential), and VLDR (Very Low Density Residential) zones. The
Ordinance would not allow special event facilities in other zones - action requested - 1) CERTIFY THE
FINAL SEIR PURSUANT TO THE CEQA, AS SET FORTH IN THE RESOLUTION FOR THE AMENDMENTS TO
CHAPTER 24. ZONING ORDINANCE, PERTAINING TO SPECIAL EVENTS FACILITIES, AND AUTHORIZE THE
CHAIR TO SIGN; AND 2) ADOPT AN ORDINANCE ADDING SECTION 24-175.2, ENTITLED "SPECIAL
EVENTS FACILITIES", TO CHAPTER 24, ENTITLED "ZONING" OF THE BUTTE COUNTY CODE AND
AUTHORIZE THE CHAIR TO SIGN. (Development Services)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/24/2015
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, AND DAN BREEDON, PRINCIPAL PLANNER,
PROVIDED A REPORT.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: ROBERT JARDIN; DONNA WHITE; JOHN
GODDARD; BARBARA SHAEFFER; DON MOONEY; DAVID PALMERLY; TOBY LEONARD; JACK SMITH;
STEVE TWIST
MOTION: I MOVE TO:
1) CERTIFY THE FINAL SEIR PURSUANT TO THE CEOA, AS SET FORTH IN THE RESOLUTION FOR
THE AMENDMENTS TO CHAPTER 24. ZONING ORDINANCE, PERTAINING TO SPECIAL EVENTS
FACILITIES, AND AUTHORIZE THE CHAIR TO SIGN; AND
2) ADOPT THE ORDINANCE WITH THE AMENDMENTS AS READ INTO RECORD BY MR. BREEDON
AND MR. SNELLINGS (CLERK'S NOTE: AMENDMENTS AS READ ARE SHOWN BELOW VOTE COUNT FOR THIS ITEM
ADDING SECTION 24-175.2, ENTITLED "SPECIAL EVENTS FACILITIES", TO CHAPTER 24,
ENTITLED "ZONING" OF THE BUTTE COUNTY CODE AND AUTHORIZE THE CHAIR TO SIGN.
(MOTION:TEETER; SECOND: LAMBERT)
VOTE: Motion carried 4- 1
YEA: Supervisor Lambert, Supervisor Connelly, Supervisor Kirk, Supervisor Teeter
NAY: Supervisor Wahl
AMENDMENTS TO THE ORDINANCE AS READ INTO RECORD ARE AS FOLLOWS:
• THE BOARD CONCURRED WITH STAFF CONCERNING THE TWO ADDITIONAL REQUIREMENTS
UNDER THE DEVELOPMENT STANDARDS APPLICABLE TO THE AGRICULTURE ZONE UNDER
SECTION 175 (G) (6)AND(7)AS FOLLOWS:
6. Special Event Facilities are not permitted on parcels that are less than 10 acres in size.
7. Owner shall sign a declaration acknowledging the right-to-farm pursuant to Butte
County Code Chapter 35 (Protection of Agricultural Land) indicating that facilities may
be subject to inconveniences related to agricultural activities taking place on adjacent
properties.
• THE BOARD DIRECTED INCLUDING SECTION 24-175.2(F) (11)AS FOLLOWS:
11. Neighbor Notification. Notification to neighbors of event scheduling shall be
accomplished as follows:
a. In lieu of the 300-foot notification required under Section 24-259(B) (1) (c) the
Department of Development Services shall provide the mailed notification to all
owners of real property within 1,200 feet of the exterior boundaries of the parcel
that is subject to the hearing, 30 days prior to the date of a hearing to consider a
minor use permit.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/24/2015
• THE BOARD CONCURRED WITH REVISED SECTION 24-175.2(1)AS FOLLOWS:
I. Complaints. Any person making a complaint relating to this section must file a
complaint form provided by the Department of Development Services.
• THE BOARD CONCURRED WITH REVISED SECTIONS 24-175.2 (A) AND SECTION 24-175.2 (G)
(1), ALLOWING THE USE OF A MANAGER'S RESIDENCE, IN LIEU OF AN OWNER'S RESIDENCE,
IF THE MANAGER IS RESPONSIBLE FOR RUNNING THE SPECIAL EVENT FACILITY.
• THE BOARD CONCURRED WITH THE REVISED SECTION 24-175.2. (E)AS FOLLOWS:
E. ". . . The applicant shall submit a deposit in an amount necessary for the County
to undertake a noise study and/or traffic and circulation study that will be
completed in compliance with the California Environmental Quality Act(CEQA)."
• THE BOARD CONCURRED WITH REVISED SECTION 24-175.2(J) REGARDING FINDINGS.
PUBLIC COMMENT(each speaker limited to five minutes) (NONE)
BOARD OF SUPERVISORS CLOSED SESSION: ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
7.01 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) -2 CASES:
a.JACQUELINE DEVLIN V. BUTTE COUNTY AND MICHAEL SANDERSON; BUTTE COUNTY SUPERIOR
COURT CASE NO. 163271; and
b. DONALD EHRSAM, RAYMOND SPERRY, DOUGLAS GUNNING, GINA ENDLER V. BUTTE COUNTY,
BUTTE COUNTY BOARD OF SUPERVISORS, BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES,
BUTTE COUNTY SUPERIOR COURT CASE NO. 163741
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
APRIL 7, 2015.
DOUG TEETER, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
PAGE 14