HomeMy WebLinkAboutM032514 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/25/2014
9:00 A.M.—CALL TO ORDER
Call to Order- Board of Supervisors Room, County Administration Building, 25 County Center Drive,
Oroville.
Members present: Supervisors Connelly Wahl, Kirk, Lambert and Teeter
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
1406-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
A MEMBER OF THE PUBLIC, SHERYL AWAR, REQUESTED ITEM 3.05 BE REMOVED FROM THE
CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA.
1406-002 CONSENT AGENDA
1. Crestwood Behavioral Health, Inc. -Amendment C-Crestwood Behavioral Health, Inc. (Crestwood)
consists of skilled nursing facilities, mental health rehabilitation centers, and institutes for mental
disease which provide behavioral intervention and psychological and social rehabilitation to
consumers with mental disorders in secure residential settings. Approval is requested for an
amendment to the agreement with Crestwood to increase bed days and enhancement services
needed for client placements through Fiscal Year (FY) 2013-14. The increase is due to additional
consumer placement needs. There are no changes to rates and the term of this agreement will
remain July 1, 2013 through June 30, 2014. The maximum financial obligation under this
agreement shall not exceed $945,640 (this is an increase of$35,640). (Behavioral Health)
2. Grant Agreement with Mental Health Services Oversight and Accountability Commission
(MHSOAC) -The MHSOAC grant funds services for the Investment in Mental Health Wellness Act of
2013, Mental Health Triage Grant Program. Butte County Department of Behavioral Health has
been awarded funding to support the new triage services within the County. Three triage teams
will be created to support, evaluate, assess and refer community members presenting in crisis to
appropriate levels of mental health care. The target populations to be served are consumer
individuals and families experiencing a time of crisis.The triage teams will provide services in three
local hospital emergency rooms, two local homeless shelters, and will coordinate, dispatch, and
track crisis personnel. It is anticipated that through the life of the grant, the triage teams will serve
approximately 650 consumers each year. Approval is requested to add the eight (8) new positions
with this funding: five (5) Behavioral Health Clinicians, two (2) Behavioral Health Counselors, and
one (1) Administrative Analyst. Approval is also requested for a budget adjustment to appropriate
a portion ($175,275) of the FY 2013-14 MHSOAC funding award to be utilized per grant
requirements through June 30, 2014.The term of the grant will be FY 2013-14 through FY 2016-17.
The maximum amount receivable is $1,057,070 allocated: $358,519 for FY 2013-14, $514,079 for
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/25/2014
FY 2014-15, $199,195 for FY 2015-16, and $3,277 for FY 2016-17. (Behavioral Health)
3. Revenue Agreement with Superior Court of California - Collaborative Justice Courts Substance
Abuse Program - Superior Court of California, County of Butte (the Court), has received a grant
from the Administrative Office of the Courts for a Collaborative Justice Courts Substance Abuse
Focus Program to be used in conjunction with Butte County's Treatment Court. The Treatment
Court Program began operations in October 2001 and serves men and women 18 and over who
have appeared before the criminal court with a misdemeanor or felony charge for drug possession,
or under the influence charges, and are on formal probation as a result of their conviction. Clients
who successfully complete the program will earn dismissal of their conviction. Butte County
Department of Behavioral Health (BCDBH) provides services to clients of the Treatment Court
Program as a component of this grant. BCDBH requests approval of an agreement with the Court.
This agreement will fund a portion of a Behavioral Health position. For the performance of these
services, the Court agrees to pay BCDBH up to a maximum compensation of$29,312. The term of
this agreement will be July 1, 2013 through August 31, 2014. (Behavioral Health)
4. Tri County Treatment -Amendment C -Tri County Treatment is a drug rehabilitation facility where
persons suffering from chemical dependency can re-establish their lives in a structured, private,
live-in facility. Tri County Treatment specializes in residential short-term and residential long-term
substance abuse treatment programs. Approval is requested to amend the agreement with Tri
County Treatment to provide additional alcohol/drug-free housing needed for an increase in client
placements through FY 2013-14; there is no change to the rates. The term of this agreement will
remain July 1, 2013 through June 30, 2014. The maximum financial obligation under this
agreement shall not exceed $140,818.02 (this is an increase of$29,252.59 for FY 2013-14).
5. Budget Adjustment for 7 County Center Drive Carpet Replacement Project -The carpet in 7 County
Center Drive, Oroville, occupied by Public Works and Development Services, is past the end of life,
is no longer serviceable. The Major Maintenance budget for FY 2013-14 includes approximately
$139,000 in appropriation to complete the carpet replacement project. The project estimate was
developed based on hazardous material reports decades old that indicated the absence of
asbestos. However, it was subsequently determined that testing standards utilized at the time do
not meet the current standards utilized by the County. Additional testing that is now required
before any warranty for the new carpet can be provided, has identified that the mastic used to
adhere portions of the flooring under the carpet does contain asbestos. Staff recommends
approval of a budget adjustment in the amount of $20,000 to provide General Services sufficient
funding to properly complete this project. Funding for the increase is contained within the Public
Works and Development Services FY 2013-14 budgets. (General Services)
6. Award of Contract for Construction Quality Services to Holdrege and Kull Consulting Engineers &
Geologists - Public Works Yard Project -On February 25, 2014, the Board approved a contract with
D.H. Slater and Son to construct the new North County Public Works Yard at 44 Bellarmine Court in
Chico. Subsequently, staff requested proposals from firms experienced in quality assurance and
quality testing to assist the County in ensuring that construction results match the design criteria.
After a detailed evaluation of the proposals, staff recommends that the contract be awarded to
Holdrege and Kull in Chico, for $35,114. The scope of work for this contract includes earthwork
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/25/2014
observation and compaction testing, special inspection of steel rebar, inspection and testing of
concrete, CMU walls and grout placement, mechanical anchors, field bolting and field welding. All
work shall be completed within 270 days from the date of issuance of the Notice to Proceed.
(General Services)
7. Amendment 1 to Contract with Ray Morgan to Increase the Rental of High Speed Scanners - The
County's contract with Ray Morgan Company was executed on December 26, 2012 for the rental of
12 high speed scanners for the Department of Employment and Social Services (DESS). DESS has
requested to increase the number of high speed scanners by four (4) for a total of 16 high speed
scanners. The original contract for $24,999.12 will increase by $5,418, for a total cost of
$30,417.12. The cost of the additional scanners brings the contract total over $25,000 which
requires Board of Supervisors approval. All other terms of the contract remain the same. (General
Services)
8. Budget Adjustment for Insurance Reimbursement - Southside Oroville Community Center -
Several months ago a vehicle in the Southside Oroville Community Center struck and destroyed a
parking lot light pole fixture. The Hignell Companies, our contracted property manager for the
facility, replaced the light pole fixture and processed the insurance claim. Now, the insurance
provider is unable to direct payment to The Hignell Companies and has issued a check to the
County of Butte in the amount of $17,606 for the damages. Staff recommends that the County
accept the unanticipated funds to allow General Services to reimburse The Hignell Companies for
the claim.(General Services)
9. Resolution to Amend the Salary Ordinance -The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance. These changes will increase the total allocations in the
County by two (2) positions.The following are the sections of the Salary Ordinance to be amended:
HUMAN RESOURCES: The Human Resources Department is requesting to change the title of the
Supervisor, Mental Health Clinician (Class Code 4131) classification to Supervisor, Behavioral
Health Clinician (Class Code 4130 in Section 57, Reference E (Effective 12/21/13-2%) and Section
57, Reference E (Effective 12/20/14-1%) of the Salary Ordinance titled, BCMEA-Management and
Supervisory Unit Classifications. This change has been agreed to by Human Resources and the
applicable Employee Association.ln addition, the department is requesting to add the following
classifications to Section 57, Reference I of the Salary Ordinance titled, Professional Employees
Unit (PEA): Psychiatric Nurse, Senior (Class Code 4027; Bi-Weekly Salary: $2,079.57-$2,786.82);
Psychiatric Nurse (Class Code 4028; Bi-Weekly Salary: $1,979.36-$2,652.54); and Psychiatric Nurse,
Associate (Class Code 4029; Bi-Weekly Salary: $1,838.03-$2,463.14). These classifications are
being created to give the Behavioral Health Department greater success in attracting more nursing
applicants with previous experience in the psychiatric field. These changes have been agreed to by
Human Resources and the applicable Employee Association. BEHAVIORAL HEALTH:The Behavioral
Health Department is requesting the following changes: 1) Concurrent with the Human Resources
request above, convert twenty (20) positions of Supervisor, Mental Health Clinician to Supervisor,
Behavioral Health Clinician. This change in title brings consistency and better reflects the internal
structure and operations in the department; 2) Delete one (1) vacant position of Information
Systems Technician, Senior/Information Systems Technician/Information Systems Technician,
Associate and add one (1) position of Information Systems Analyst, Principal. The position will
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/25/2014
support privacy and security requirements within the department due to federal changes
associated with the Health Insurance Portability and Accountability Act (HIPAA); 3) Delete one (1)
vacant position of Supervisor, Mental Health Clinician and add one (1) position of Behavioral
Health Clinician III/II/I. The Behavioral Health Clinician position will provide needed mental health
evaluations and treatment; 4) Delete one (1) vacant position of Certified Nurse Practitioner as the
position is no longer needed in the department; 5) Move one (1) position of Office Specialist,
Senior/Office Specialist/Office Assistant and one (1) position of Information Systems Technician,
Senior/Information Systems Technician/Information Systems Technician, Associate from Budget
Unit 541-011 to Budget Unit 541-012. This change was requested during the FY 2013-14 Budget
Schedule A, however due to an administrative oversight the allocations were never moved.Any
increases in costs associated with the changes above are covered in the Department's FY 2013-14
budget. These changes will decrease the total allocations in the department by one (1) position
and have no fiscal impact on the County General Fund. PROBATION: The Probation Department is
requesting to add one (1) term position of Crime Prevention Officer with a term date of December
31, 2014 and add one (1) term position of Probation Officer III/II/I with a term date of December
31, 2014. Funding for these positions is covered in the current fiscal year budget from multiple
extended leaves of absence. These changes will increase the total allocations in the department by
two (2) positions and have no additional fiscal impact on the County General Fund.
DEVELOPMENT SERVICES: The Development Services Department is requesting to add one (1)
term position of Planner, Assistant with a term date of June 30, 2015 to cover for a long-term leave
of absence. This position is needed for processing current planning applications, General Plan and
Zoning implementation, CEQA review and customer service. Funding for this position will be
covered within the department's current fiscal year budget. This change will increase the total
allocations in the department by one (1) position and have no additional fiscal impact on the
County General Fund. (Human Resources)
10. Budget Adjustment and Capital Asset Purchase -The Information Systems Department is currently
implementing considerable network upgrades in support of current and future data technologies.
These upgrades are part of the Butte County network modernization efforts. Because the current
logging and diagnostic appliance is aging and no longer meets the County's needs, Information
Systems has selected a Security Information and Event Management (SIEM) system, which is
patented and manufactured by LogRhythm. The SIEM platform includes network management and
forensics to detect data breaches and sophisticated cyber threats. SIEM offers compliance
automation and assurance to support the County's compliance to Health Information Portability
and Accountability Act (HIPAA) and Health Information for Economic and Clinical Health (HITECH)
requirements. The $70,015 is a 43% discount on the retail price of $122,923. General Services
approved a sole source purchase from LogRhythm. (Information Systems)
11. Resolution in Recognition of Robert Barnes, Director of Information Systems, Upon his Retirement.
(Information Systems)
12. Specialized Supervision Grant - The Probation Department applied for, was approved, and would
like to accept $300,000 in grant funds offered by the California Governor's Office of Emergency
Services (Cal OES) to fund a Probation Specialized Supervision Program. The purpose of the
program is to enhance or create specialized units within probation departments to intensively
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/25/2014
supervise small caseloads of offenders of violent crimes including domestic violence, sexual
assault, dating violence, and stalking. The grant covers a three year period from October 1, 2013
through September 30, 2016 ($100,000 per year over three (3) years). The funds will be used by
Probation to cover a full time equivalent Probation Officer position and overtime costs. The
officer(s) assigned to the program will be directly responsible for oversight of high or moderate-
high level offenders, based on their risk assessment. Since the grant period extends through
multiple fiscal years, $75,000 will be utilized in FY 2013-14. Due to a loss of anticipated revenue
mid-fiscal year, Probation has implemented a strategy of delayed hiring of vacant positions in
order to save costs. Accepting and utilizing this grant will help the department backfill lost revenue
and retain current positions. (Probation)
13. Solid Waste Enforcement and Appeal Independent Hearing Panel Appointments - Butte County
Code Section 31A established a Solid Waste Enforcement and Appeal Independent Hearing Panel
(Hearing Panel). Although historically there have been very few solid waste appeals, it is necessary
to maintain a viable Hearing Panel in order to meet mandated time lines when an appeal is filed
with the Public Health department. As specified in the Public Resources Code Section 44308 and
Section 18060, Title 14, California Code of Regulations and Chapter 31A of Butte County Code, the
Hearing Panel consists of three (3) positions with members appointed by the Board of Supervisors.
The Panel consists of: a primary and alternate member of the Butte County Board of Supervisors, a
primary and alternate member who are subject matter experts in solid waste, and a primary and
alternate member representing the public. Members appointed to the Hearing Panel are restricted
by State law to two (2) four year terms. The following new appointments are necessary to fill the
recently vacant Hearing Panel member position: One (1) primary and one (1) alternate subject
matter expert member. (Public Health)
14. 2014 Slurry Seal Project on Various Roads in the Thermalito and Oroville Areas -The Public Works
Department is planning its Summer 2014 cape seal project of various roads in the Thermalito and
Oroville areas. Cape seals are a combination of a chip seal plus a slurry seal. Public Works crews
will place the initial chip seal portion of the cape seal on the roads. The slurry seal that will be
placed over the chip seal can be completed most efficiently by a private contractor. The
department is requesting authorization to bid this slurry seal work. After bids are received, the
department will return to the Board with a recommendation to award the project. The County
received $10.5 million of Prop 113 funds in 2006, and the department has been working on various
road projects between 2007 and 2013 with these funds. As a result of reduced funds from Prop 113,
the department is also reducing the roads where it can place the more expensive cape seals to
those urban type residential roads with curb, gutter and sidewalk. The roads proposed in staff
report all have curb, gutter and sidewalk except for Grand Avenue which is the major arterial road
in the Thermalito area. All other roads in the Thermalito area that were not re-surfaced in 2013
will receive a chip seal this summer. (Public Works)
15. Water Advisory Committee (WAC) Appointment - Municipal Paradise At-Large - The Basin
Management Objective ordinance (Chapter 33A of the Butte County Code) has provisions
regarding the membership of the WAC and how its members are appointed. The ordinance states
that the WAC shall be appointed by the Board of Supervisors and be comprised of area-specific
members, with one member appointed from each defined sub-inventory unit within the
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/25/2014
Sacramento Valley Groundwater Basin portion of the County; one at-large member from each of
the five incorporated municipalities; one at-large member for each of the organized watershed
groups; one at-large member from the environmental community; and one from the agricultural
community. The Town of Paradise is one of the five municipalities listed in the ordinance. Council
member Jody Jones was appointed by the Paradise Town Council on February 11, 2014 to replace
Council member John J. Rawlings as the Town representative on the WAC. The term will end
December 31, 2016.
16. Requests for Reappointments to the Butte County Housing Authority Board - request to reappoint
Sharon Chambers and Patricia Besser as Tenant Commissioners to terms ending April 11, 2016.
(Other departments or agencies)
17. Resolution Recognizing April 2014 as Child Abuse Prevention Month in Butte County. (Other
departments or agencies)
MARGIE RUEGGER, EXECUTIVE DIRECTOR OF CHILD ABUSE PREVENTION COUNCIL
ACCEPTED THE RESOLUTION.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.05 (YOUTH
FOR CHANGE AMENDMENT) WHICH WAS REMOVED FOR DISCUSSION ON THE REGULAR
AGENDA. (MOTION: KIRK; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA
Items Removed from the Consent Agenda for Board Consideration and Action.
1406-003 Youth For Change - Housing Programs Amendment A - Youth for Change (YFC) is a
nonprofit, public benefit organization that is licensed by the State of California to provide
specialty mental health treatment and support services in the community.YFC specializes in
community collaboration which supports the healing of children and families. Approval is
requested for an amendment with YFC for the Master Lease and Transitional Aged Youth
(TAY) Mobile Housing Programs. The amendment would add funding to the TAY Mobile
Housing Program, providing additional housing options to this population. The term of the
agreement will remain July 1, 2013 through June 30, 2014. The maximum financial
obligation under this agreement shall not exceed $86,149 (this is an increase of $8,596).
(Behavioral Health)
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE
REGULAR AGENDA AT THE REQUEST OF A MEMBER OF THE PUBLIC, SHERYL AWAR.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/25/2014
THE BOARD DIRECTED CATHI GRAMS, INTERIM DIRECTOR OF BEHAVIORAL HEALTH TO
LOOK INTO THE QUESTIONS BROUGHT UP BY MS. AWAR.
MOTION: I MOVE TO TABLE ACTION (ON THIS ITEM) TO THE NEXT MEETING. (MOTION: CONNELLY;
SECOND: KIRK)
VOTE: Motion carried 4-0
YEA: Supervisor Lambert, Supervisor Wahl, Supervisor Connelly, Supervisor Kirk
ABSTAIN: Supervisor Teeter
SUPERVISOR TEETER ABSTAINED FROM THE VOTE FOR THIS ITEM AS HIS WIFE
WORKS FOR YOUTH FOR CHANGE.
1406-004 Butte County Sheriff-Coroner Vacancy - The Butte County Sheriff-Coroner, Jerry W. Smith,
has announced his retirement effective May 24, 2014. His last day of work will be May 23,
2014. Since Sheriff Smith's elected term runs through the first Monday following January 1,
2015, staff requests Board discussion and direction on filling the vacancy. Appointment of a
qualified individual to this elected office is authorized under Government Code Section
25304, which states "The Board of Supervisors shall fill by appointment all vacancies that
occur in any office filled by the appointment of the Board and elective County officers,
except judge of the superior court and supervisors." Board options include accepting the
recommendation of the Sheriff-Coroner and appointing Kory Honea, Undersheriff;
appointing another qualified individual; or requesting that Human Resources conduct a
recruitment for qualified candidates to fill the vacancy. (Administration)
MOTION: I MOVE TO APPOINT KORY HONEA AS BUTTE COUNTY SHERIFF-CORONER EFFECTIVE MAY
24, 2014, UPON THE OFFICE BEING VACATED BY SHERIFF JERRY W. SMITH. (MOTION:
WAHL; SECOND: KIRK)
VOTE: Motion APPROVED 5 -0
YEA: Supervisor Lambert, Supervisor Wahl, Supervisor Connelly, Supervisor Kirk, Supervisor
Teeter
1406-005 Boards, Commissions and Committees
1. Appointments to Listed Vacancies (NONE)
2. 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
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/25/2014
agenda.)
SUPERVISOR KIRK REPORTED THAT SHE TOURED THE DAY REPORTING CENTER ON
RIDGEWOOD DRIVE IN CHICO.
1406-006 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER ADDRESSED THE BOARD.
1. Letter to the California Public Utilities Commission Regarding California Water Service
Company Rate Increases -action requested -APPROVE LETTER AND AUTHORIZE THE
CHAIR TO SIGN.
MOTION: I MOVE TO APPROVE THE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: KIRK;
SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
YEA: Supervisor Lambert, Supervisor Wahl, Supervisor Connelly, Supervisor Kirk, Supervisor
Teeter
SUPERVISOR CONNELLY INQUIRED ABOUT BUTTE COUNTY SUPPORTING AB2205
(DONNELLY). THE BOARD GAVE CONSENSUS THAT THEY WOULD LIKE BUTTE COUNTY
TO SEND A LETTER SUPPORTING AB2205.
SUPERVISOR TEETER REQUESTED THAT THE CAO SCHEDULE A TIMED ITEM FOR THE
APRIL 22, 2014 BOARD MEETING FOR A REPORT ON THE STATE OF JEFFERSON.
1406-007 9:35 a.m. - Public Hearing - Introduction of an Ordinance Repealing and Replacing Article
I, Entitled "Grading," of Chapter 13, Entitled "Grading And Mining," of the Butte County
Code - At the December 10, 2013 Board meeting, Public Works staff presented draft
changes to the County grading code for review. Based on that review the Board directed
staff to: 1) maintain 50 cubic yards (CY) as the lower limit for the requirement of obtaining
a grading permit; 2) eliminate double counting when calculating grading quantities on a
parcel; 3) eliminate the Determination of Exemption process in favor of establishment of
a ministerial permit process; 4) redefine the discretionary permit requirements by
establishing additional criteria that would necessitate such a permit. Those criteria
included: grading over 1,000 CY; in a designated Flood Plain; near riparian areas; in areas
of the County that are susceptible to landslides; and in areas of the County that have high
erosion potential; 5) establish criteria when the grading plan needs to be prepared by a
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/25/2014
licensed civil engineer and when it does not; 6) establish how discretionary permits are
issued by either the Zoning Administrator or the Planning Commission; and 7) establish
time limits for how long a permit is valid. The Butte County Department of Development
Services has reviewed the proposed new code and has determined that it is exempt from
CEQA review. (Public Works)
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS AND TOM FOSSUM, DEPUTY DIRECTOR OF
PUBLIC WORKS PRESENTED THIS ITEM.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: GEORGE MENAS
AND ROBIN DIFALCO.
MOTION: I MOVE TO 1) WAIVE THE FIRST READING OF THE ORDINANCE; AND 2) ADOPT THE
RESOLUTION AMENDING THE BUTTE COUNTY MASTER FEE SCHEDULE WITH
RECOMMENDED FEE ADJUSTMENTS TO BE EFFECTIVE ON THE DATE THE PROPOSED
ORDINANCE BECOMES EFFECTIVE. (MOTION:TEETER; SECOND:WAHL)
VOTE: Motion carried 4- 1
YEA: Supervisor Lambert, Supervisor Wahl, Supervisor Kirk, Supervisor Teeter
NAY: Supervisor Connelly
1406-008 9:50 a.m. - Public Hearing - Draft Housing Element Update - It is requested that the Butte
County Board of Supervisors hold a public hearing regarding an update to the Housing
Element of the Butte County General Plan. The public is encouraged to attend the public
hearing and provide comment. All parties and agencies interested in Housing Policy are
also encouraged to attend and provide comment. County staff and consultants will
provide an overview of State Housing Element requirements and the process for
amending the Housing Element. Consultants will then make a presentation concerning
the various technical aspects involved in the update, including related amendments to the
Land Use Element of the General Plan pursuant to State law. The Board of Supervisors is
requested to review a draft Housing Needs Assessment and a Preliminary Draft Housing
Element Update. These documents are available for review via the Development Services
website, www.buttecounty.net/dds. The Board of Supervisors is also requested to review
input from the Housing Element Public Workshop held on February 5, 2014. After this
hearing, the Draft Housing Element Update shall be submitted to the State Department of
Housing and Community Development for a 60-day review in compliance with State law.
Upon completion of this review period, the Planning Commission and the Board of
Supervisors will hold additional hearings to adopt the new Housing Element and related
amendments to the Land Use Element. (Development Services)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/25/2014
MOTION: I MOVE TO DIRECT STAFF TO TRANSMIT THE DRAFT HOUSING ELEMENT'S HOUSING
NEEDS ASSESSMENT AND DRAFT HOUSING POLICY DOCUMENT TO THE CALIFORNIA
STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR A 60-DAY
REVIEW PERIOD, PURSUANT TO STATE LAW. (MOTION: KIRK; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
YEA: Supervisor Lambert, Supervisor Wahl, Supervisor Connelly, Supervisor Kirk, Supervisor
Teeter
1406-009 10:05 a.m. - Timed Item - Draft Agriculture Mitigation Ordinance Study Session - It is
requested that the Board of Supervisors review the development of the Draft Agriculture
Mitigation Ordinance, summarized below and give direction to staff.The Draft Agriculture
Mitigation Ordinance (AMO) has been developed to implement Butte County General
Plan Policy AG-A2.1, which directs that this ordinance be prepared to permanently
protect agricultural land of equal or greater value in place of land that is re-designated
from agriculture to a non-agricultural general plan designation.The AMO is to be included
under Butte County Code Chapter 35-Protection of Agricultural Land, Article 11. The
ordinance establishes provisions for agricultural conservation easements as a means of
mitigating loss of agricultural land through such re-designation based upon a 2:1 ratio of
the amount of land that must be placed under easement to the amount of agricultural
land re-designated to a non-agricultural designation. The ordinance sets standards for
where the AMO applies; activities that are or are not subject to the AMO; additional
sections devoted to definitions; mitigation requirements, methods of mitigation including
direct acquisition of land conservation easements, in-lieu fees, and mitigation credit
banking; eligible lands that qualify for agricultural conservation easements; process for
final approval; agricultural conservation easement requirements; administration,
monitoring, and reporting; stacking of conservation easements; and agricultural
conservation easements on lands subject to a Williamson Act Contract. (Development
Services)
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES AND DAN BREEDON, PRINCIPAL
PLANNER PROVIDED A REPORT.
TOPIC AREA#1 -APPLICABILITY(WHERE AND WHEN THE AMO WOULD APPLY):
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: BOB EVANS;WOODY ELLIOTT;
BILL BROUHARD; ROBIN DIFLACO; AND COLLEEN CECIL.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/25/2014
BOARD DIRECTION: THE AMO WOULD NOT APPLY TO THE SPECIFIC PLAN AREAS
DESIGNATED BY THE GENERAL PLAN AND WOULD APPLY TO OTHER AREAS DESIGNATED
AGRICULTURE. STAFF WAS DIRECTED TO PROVIDE ADDITIONAL INFORMATION ON
APPLICABILITY OF THE AMO IN CITY SPHERES OF INFLUENCE. DIRECTION WAS ALSO
RECEIVED TO REVIEW CLUSTERING OF PARCELS PRIMARILY IN GRAZING LANDS AS A
MEANS TO CONSERVE AGRICULTURE.
TOPIC AREA#2 -TREATMENT OF HABITAT USES UNDER THE DRAFT AMO:
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: BOB EVANS; ANDREW MERKEL;
COLLEEN CECIL;WOODY ELLIOTT; ROBIN DIFALCO;THOMAS WAHL.
BOARD DIRECTION: BRING BACK MORE INFORMATION ON CHANGING LAND
DESIGNATED AS AGRICULTURE BY THE GENERAL PLAN TO A HABITAT ONLY USE. THE
BOARD DIRECTED STAFF TO REVIEW AND PROVIDE EXAMPLES FROM OTHER COUNTY
JURISDICTIONS CONCERNING THIS ISSUE. THE BOARD ALSO ASKED STAFF TO LOOK INTO
THE FOLLOWING: CAN THE COUNTY REQUIRE A USE PERMITTO CONVERT AG LAND TO
A HABITAT CONSERVATION EASEMENT WHERE NO AG IS ALLOWED? HOW MUCH LAND
IS ZONED AG THAT DOES NOT ALLOW FARMING?
TOPIC AREA# 3 - LOCATION OF AGRICULTURAL MITIGATION LANDS (WHERE SHOULD AG
CONSERVATION EASEMENTS BE LOCATED?)
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: LORETTA TORRES;
COLLEEN CECIL.
BOARD DIRECTION: IN PART, DEVELOP A STRATEGY THAT MITIGATION WOULD TAKE
PLACE WITHIN A SET RADIUS AS CLOSE AS POSSIBLE TO WHERE THE CONVERSION IS
TAKING PLACE. THE BOARD DIRECTED STAFF TO FIND WAYS TO ENSURE LIKE FOR LIKE
MITIGATION TAKING INTO ACCOUNT DIFFERENT SOILTYPES AND CONDITIONS.
TOPIC AREA#4 - IN-LIEU FEES (WHAT RULES AND APPLICABILITY OF FEES SUBMITTED 'IN
LIEU" OF ACQUIRING AN AGRICULTURAL CONSERVATION EASEMENT?)
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: COLLEEN CECIL;
THOMAS WAHL.
BOARD DIRECTION: PROVIDE EXAMPLES OF IN-LIEU FEES FROM OTHER COUNTY
JURISDICTIONS. PROVIDE MORE INFORMATION TO BOARD IN THE FUTURE.
TOPIC AREA#5 - MITIGATION RATIO (WHAT RATIO OF AG LAND SHALL BE PLACED IN AN
AG CONSERVATION EASEMENT? -e.g. -3:1; 2:1 or 1:1)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/25/2014
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: ANDREW MERKEL;
THOMAS WAHL; COLLEEN CECIL; MARY KENNEDY
BOARD DIRECTION:THE RATIO SHOULD BE CONSISTENTLY APPLIED.
STAFF WILL DO THE RESEARCH AS DIRECTED BY THE BOARD, AND THIS SUBJECT WILL
RETURN ON A FUTURE BOARD AGENDA.
1406-010 Medical Marijuana Cultivation Legislative Activity - Medical marijuana cultivation issues
continue to be a matter of significance, not only to Butte County, but to other local
jurisdictions struggling to manage local regulation and the associated negative impacts. In
response to this, increased legislative activity is occurring and is expected to continue until
a stronger and more clearly defined set of regulations relating to medical marijuana is
established. Board direction is being sought regarding the County's position on current
proposals and how the Board wishes to deal with these issues in the future. Specifically,
Board action/direction is being requested on the following items: 1) Rural County
Representatives of California (RCRC) 2013-2014 Policy Principles and Legislative Priorities
Proposed Amendments Relating to Medical Marijuana Cultivation; 2) Position of
Opposition to SB 1262 - Medical marijuana: regulation of physicians, dispensaries and
cultivation sites; and 3) State Legislative Activities - Direction Regarding Butte County's
Participation in Supporting or Opposing Medical Marijuana Legislation.(Administration)
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, INTRODUCED THIS ITEM.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: DIANNA WRIGHT;
ANDREW MERKEL; DEBORAH BARTEL;THOMAS WAHL.
MOTION: I MOVE TO: 1) AUTHORIZE SUPERVISOR TEETER, AS BUTTE COUNTY REPRESENTATIVE TO
RCRC, TO COMMUNICATE BUTTE COUNTY'S SUPPORT OF THE PROPOSED POLICY
PRINCIPLES AND PROVIDE ADDITIONAL DIRECTION AS NEEDED; AND 2) APPROVE A
POSITION OF OPPOSITION TO SB 1262 AND AUTHORIZE STAFF TO COMMUNICATE THE
COUNTY'S POSITION TO OUR LEGISLATIVE LOBBYIST; AND 3) PROVIDE STAFF DIRECTION ON
THE MANNER IN WHICH THE BOARD WOULD LIKE TO CONSIDER FUTURE REQUESTS FOR
SUPPORT OR OPPOSITION OF LEGISLATION RELATING TO MEDICAL MARIJUANA. (MOTION:
KIRK; SECOND: LAMBERT)
VOTE: Motion carried 4- 1
YEA: Supervisor Lambert, Supervisor Connelly, Supervisor Kirk, Supervisor Teeter
NAY: Supervisor Wahl
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/25/2014
1406-011 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.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: ANDREW MERKEL AND
THOMAS WAHL.
1406-012 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT/GOALS PURSUANT TO
GOVERNMENT CODE SECTION 54957: BEHAVIORAL HEALTH DIRECTOR.
2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION
54957.6: LABOR NEGOTIATORS:JACK HUGHES& BRIAN RING EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA; DSA- MANAGEMENT/SUPERVISORY
UNIT; DSA-GENERAL UNIT; BCCOA-SUPERVISORY UNIT; BCCOA-GENERAL UNIT;
CONFIDENTIAL UNIT; PPOA- MANAGEMENT UNIT; NON-REPRESENTED UNIT
3. ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 1 CASE:
WALNUT HILL ESTATE ENTERPRISES v. COUNTY OF BUTTE, ET AL. US DISTRICT COURT-
EASTERN DISTRICT, CASE NO. 14-00640
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 APRIL 8,
2014.
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