HomeMy WebLinkAboutM040814 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/8/2014
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.
1407-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
A MEMBER OF THE PUBLIC REQUESTED ITEM 3.15 (ADOPTION OF AN ORDINANCE REPEALING
ARTICLE I OF CHAPTER 13 AND REPLACING IT WITH A NEW ARTICLE I OF CHAPTER 13 OF THE
BUTTE COUNTY CODE) BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE
REGULAR AGENDA.
1407-002 CONSENT AGENDA
1. A.A. Mental Health Resources, Inc. - Amendment B - Dr. Adegoke Adeyemo of A.A. Mental Health
Resources, Inc. is a licensed physician and surgeon experienced in the delivery of psychiatric services
through telepsychiatry, whereby clients receive psychiatric services by video-conferencing. Dr.
Adeyemo's services will supplement those of other Butte County psychiatrists. Approval is requested for
an amendment with A. A. Mental Health Resources, Inc. for additional hours of telepsychiatric services
to provide additional service hours based on client need. There is no change in 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 $293,640. This is an increase of$88,960. (Behavioral Health)
2. Summitview Child and Family Services, Inc. - Amendment B - Summitview is a private, nonprofit
organization licensed by the State of California to provide a variety of mental health services to children
and families. Approval is requested for an amendment with Summitview to provide additional mental
health services due to additional consumer needs. There are no changes to rates, and the term of the
agreement will remain July 1, 2013 through June 30, 2014. The maximum financial obligation under this
agreement shall not exceed $119,675.12 This is an increase of$50,129.04. (Behavioral Health)
3. Request for Appointment to Butte County Behavioral Health Board - The Behavioral Health Board
requests approval to appoint Patricia Johnson as a Consumer Member to a current vacancy previously
held by Edwin Hase.The term will end December 31, 2014. (Behavioral Health)
4. Revised Behavioral Health Board Bylaws - The Behavioral Health Board (BHB) met for a strategic
planning meeting on January 17, 2014. At this meeting multiple items within the BHB bylaws were
identified as needing an update to remain current and consistent to the BHB. BHB requests approval of
the revised bylaws with the following revisions: 1) Article I, Section 2, Subsection F: revised to clarify
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/8/2014
process for review and submission of BHB candidates; 2) Article II, Section 1, Subsection A(1): revised to
specify the BHB shall have a minimum of thirteen and not exceed fifteen members; 3) Article II, Section
1, Subsection A(6): revised to specify that six BHB members be community members when the BHB
comprises fifteen total members; 4) Article III, Section 1: revised from two Vice Chair positions to one
Vice Chair; 5) Article IV, Section 1: removal of "a designated consumer Board member, and all Chairs of
the Committees"from the Executive Committee; and 6) Article IV, Sections 2 and 3: revised language to
reference "Standing/Ad Hoc committee" replacing "standing or special" committees, to remain
consistent with other BHB bylaw language. (Behavioral Health)
5. Annual Disclosure of Compliance with Continuing Disclosure Requirements for Debt Issuance - The
County has covenanted to meet Continuing Disclosure Requirements as specified in the documentation
for issuance of long term debt. Currently, the 2003 Refunding Certificates of Participation, the 2004
Pension Obligation Bonds, and the 2006 Certificates of Participation are outstanding long term debt
issues for which specific Disclosure documents must be filed timely with the Municipal Securities
Rulemaking Board (MSRB), via Electronic Municipal Markets Access (EMMA). Additionally, the United
States Department of Agriculture (USDA), pursuant to the Bangor Fire Station #55 Certificates of
Participation, and the holders of the long term capital lease arrangements, such as the financing for the
Veterans' Halls in Chico and various auto and equipment leases, require annual reporting of financial
information directly to each lender. To ensure documentation of the County's compliance with the
Continuing Disclosure Requirements,the Board of Supervisors is provided with evidence of timely filings
on an annual basis. During the current fiscal year, all of the required annual disclosure information was
provided timely to EMMA, the USDA, all other interested parties, leasing agencies, and credit reporting
agencies. The documentation provided with the staff report, which includes confirmations of this year's
filings with EMMA and a copy of the Miscellaneous Statistical Information for Butte County, supports
this certification that all Continuing Disclosure Requirements have been met for the fiscal year ending
June 30, 2013. (Chief Administrative Office)
6. Request for County Building Permit Fee Waiver - Patrick Ranch 10831 Midway Avenue - The Far West
Heritage Association has requested that the Board of Supervisors waive the building permit fees on a
168 square-foot garden shed and a 380 square-foot shade structure. The property is located at 10831
Midway Ave on Assessor's Parcel Number 039-060-088. This facility is part of a larger collection of
buildings and ranch property that represent the Patrick Ranch Museum which is open to the public. The
Far West Heritage Association is a nonprofit association. The total estimate of County fees for the two
buildings is $1,540.27.There may be minor adjustments to the fee as calculated with the actual building
permit application. (Building Permit review, inspection and related fees). This fee estimate does not
include any applicable school district or parks and recreation district fee or other non-County fees
required at the time of the building permit. The Far West Heritage Association has requested this
amount to be waived. County Code, Section 1-18 allows the Board of Supervisors to waive fees under
certain circumstances. (Development Services)
7. Resolution Recognizing April 6-12, 2014 as National Crime Victims' Rights Week -The District Attorney's
Office requests the Board of Supervisors approve and present a resolution recognizing April 6-12, 2014
as National Crime Victims' Rights Week. Thirty years ago, crime victims had no rights until the
enactment of the Federal Victims of Crime Act by President Ronald Reagan (1984). Subsequently,
California enacted the Victims' Rights Act known as "Marsy's Law" (2008). Today all states have victims'
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/8/2014
rights laws and access to victim compensation funds to ensure services to help rebuild victims' lives.
Through decades of advocacy and hard work,the treatment of victims has come a long way, but there is
more to do. For the fiscal year ending June 30, 2013,the Butte County Victim/Witness Assistance Center
(VWAC) provided advocacy assistance to 3,119 local crimes victims (15.5% increase over 2012); filed
1,471 claims to the Victims' Compensation Board (4% increase over 2012) with a total amount of
$1,103,500 paid to victims. (District Attorney)
8. Authorize Amendment to Contract with Access Information Management -The District Attorney's Office
currently uses Access Information Management to provide secure shredding services. An amendment to
the contract is requested to continue the statutorily required service. The end date of the current
contract is June 30, 2014, and there is no change to this date. The Department wishes to increase the
not-to-exceed price by$1,400. The total not-to-exceed amount of$18,064 is over the 7 year life of the
contract. (District Attorney)
9. Access Information Management -Amendment Three -Approval is requested for an amendment to the
agreement with Access Information Management Services for the provision of records storage and
tracking. The amendment increases funding for the current fiscal year up to $38,351, to cover the fees
to pull and permanently remove approximately 9,500 boxes of the Department of Employment and
Social Services' (DESS) records. DESS plans to move all record storage business to a more competitively
priced respondent selected from an earlier request for proposal process.This current year cost increase
will be offset through savings realized by moving off-site records storage to a less expensive vendor.The
term of the agreement will remain July 1, 2011 through June 30, 2014. The amendment increases the
amount payable in fiscal year (FY) 2013-14 by$38,351 for a contract maximum of$189,351 ($55,000 for
FY 2011-12; $55,000 for FY 2012-13; and $78,351 FY 2013-14). (Employment and Social Services)
10. Letter of Support for AB 2703 - County Veterans Service Officers - Approval is requested for a letter of
support for AB 2703: County Veterans Service Officers. Assembly Bill 2703, if enacted, would increase
local assistance funding for County Veteran Services Officers (CVSO), by increasing the amount of State
assistance to CVSOs from approximately $2.6 million to $6 million statewide. Currently, Butte County
contributes approximately 65% of the cost associated with services provided by the local CVSO; only
17% is provided by the State through the California Department of Veterans Affairs (CDVA). The State
currently allocates $2.6 million per year to be distributed among the 56 California counties with CVSOs.
This "Local Assistance" allocation has remained nearly unchanged for the past 19 years. Presently there
are approximately 20,000 veterans residing in Butte County. This number does not include dependents,
surviving family members, college students, or the many that do not identify themselves as veterans.
Passage of AB 2703 would make it possible to expand services to thousands of underserved veterans
and their dependents. (Employment and Social Services)
11. Award of Contract to George Roofing for Paradise Library Roof Replacement Project - The Paradise
Library, constructed in 1976, suffers from water intrusion from the roof that is no longer serviceable
and is causing degradation of the interior construction of the facility. Following the design phase of the
roof replacement project, General Services posted the Invitation for Bids, (IFB) 56-14, to contractors at
the required contractor's exchanges, plan rooms, the newspaper and at www.publicpurchase.com for
the construction phase of the roof replacement project. Five contractors responded, with bids ranging
from $208,130 to $336,863. The lowest qualified bid was submitted by Don C George, Inc., dba George
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/8/2014
Roofing of Oroville, CA. Staff recommends that the Board award the $208,130 contract to George
Roofing to complete the project that will include a new roof membrane,fall protection components and
mansard construction. Funding for the project is included in the FY 2013-14 budget and no additional
appropriation is required to complete this project. (General Services)
12. Contract Amendment- Kris McNelis - Due to an increased amount of investigations in FY 2013-14,
Human Resources requests an increase in the contract between Butte County and Kris McNelis from
not-to-exceed $24,999 to not-to-exceed $50,000. All other terms and conditions remain the same.
(Human Resources)
13 Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance. These changes will temporarily increase the total allocations
in the County by one (1) position. The following are the sections of the Salary Ordinance to be
amended: SHERIFF: requests to delete one (1) vacant position of Personnel Operations Specialist and
add one (1) flexibly staffed position of Sheriff's Clerk III/II/I. This position has been vacant since
September and the additional duties have been distributed to existing staff, however, the workload is
too large to maintain. This change in allocation will meet the department's needs and allow these
additional duties to be completed. These changes will leave the total allocations in the department
unchanged and have no additional fiscal impact on the County General Fund. AUDITOR-CONTROLLER:
requests to add one (1) flexibly staffed position of Auditor-Accountant, Principal/Auditor-Accountant,
Senior/Auditor-Accountant. This position is being added to better meet the current and future needs of
the department. Once a departmental recruitment is conducted to fill this position,the vacated position
will be requested to be deleted at a subsequent Board meeting. Any increase in cost associated with
this change is covered by the department's FY 2013-14 budget. This change will temporarily increase
the total allocations in the department by one (1) position and have no additional fiscal impact on the
County General Fund. PUBLIC HEALTH: requests to convert three (3) sunset positions of Administrative
Analyst, Senior/Administrative Analyst/Administrative Analyst, Associate and one (1) sunset position of
Butte County Children and Families Commission Director with sunset dates of June 30, 2014 to regular
help positions with no sunset date. These positions are fully covered by funds collected under the
Proposition 10 tax on tobacco products that was approved by voters in 1998. Funding to cover the costs
associated with these positions will be on-going for many years. These changes will have no fiscal
impact on the Public Health Realignment or the General Fund and leaves the total allocations in the
department unchanged.ln addition, the department is requesting to delete one (1) vacant position of
Information Systems Technician, Senior/Information Systems Technician/Information Systems
Technician, Associate and add one (1) flexibly staffed position of Information Systems Analyst,
Principal/Information Systems Analyst, Senior/Information Systems Analyst/Information Systems
Analyst, Associate. After review of the tasks and duties that need to be completed, the department
believes the Information Systems Analyst position will better meet the current and future needs of the
department. Any increase in costs associated with this change is covered in the department's FY 2013-
14 budget. This change will have no additional fiscal impact on the County General Fund and will leave
the total allocations in the department unchanged. (Human Resources)
14. Authorization to Award Project to the Lowest Responsive and Responsible Bidder for the Recessed
Pavement Markers on Skyway - In 2013 the County completed a pavement rehabilitation project on
Skyway Road between Coutolenc Road and Nimshew Road. As part of that project, high reflectivity
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/8/2014
striping was installed in-lieu of recessed pavement markers. Through the winter months the alternative
striping was monitored, and the Public Works Department determined that the alternative striping did
not provide enough center line delineation reflectivity (visibility) during wet, rainy, night time driving.
Therefore, the department advertised a recessed pavement marker project on February 27, 2014 to
remedy this condition. The department received three (3) bids and opened them on March 18, 2014.
The low bidder was Linear Options, Inc. of Durham, CA. The low bid amount was $28,386. The bid
amount from Linear Options, Inc. was 52.89% below the engineer's estimate of$60,250. (Public Works)
15. Resolution Certifying Annual Changes to Butte County Maintained Mileage - Section 2121 of the
California Streets and Highways Codes, and Chapter 18 of the Caltrans Local Assistance Procedures
Manual, requires that counties submit a listing of changes that have occurred to their list of maintained
roads by May of each year. The County's submitted data is then forwarded by Caltrans to the State
Controller for the allocation of State Gas Tax Funds. Caltrans District 3 Office of Local Assistance has
requested that the Board of Supervisors approve a resolution prior to May 1, 2014, for the new
maintained mileage. The County maintained mileage for the previous year (ending December 31, 2013)
was determined to be 1,303.034 miles. The calculated mileage to be submitted this year is 1,299.998
miles, which is a decrease of 3.036 miles. This decrease is primarily due to annexations to the City of
Oroville and updates in GIS data. The changes to the maintained mileage are shown in red in the staff
report. (Public Works)
16. Contract Amendment 1 for Design of the North County Public Works Facility - In February 2012, the
Board approved an agreement with Nichols, Melburg & Rossetto Architects and Engineers, Inc. (NMR)
to design a facility to replace the outdated corporation yard the Public Works Department currently
operates in Chico. Recently, Slater and Sons of Chico was awarded the contract to construct the project.
The original contract with NMR, which expired on February 6, 2014, included a provision for support
during the construction phase. The amendment extends the term of the agreement to January 7, 2015.
Additionally, the amendment compensates NMR for the design work required to change from the
proposed automatic water fill station to a simpler manual system. While this change will increase
design costs by $1,000, the resulting decrease in the costs of construction material for the water fill
station will result in an overall savings to the project. (Public Works)
17. Amendment 1 with Quincy Engineering, Inc. for Design Services Related to the Midway Bridge
Replacement Across Butte Creek - On September 25, 2012 the County executed an agreement with
Quincy Engineering Inc., of Sacramento, CA for the development of contract plans, specifications, and
estimate (PS&E) required to construct the Midway Bridge across Butte Creek at a cost not-to-exceed
$1,677,999.12. In addition to the development of PS&E for the project, a contract amendment was
necessary for Quincy Engineering to perform additional project management work related to
coordinating right-of-way appraisal and acquisition. This amendment increases the maximum amount
payable by $62,271.79 and extends the completion date from June 30, 2017 to June 30, 2018. (Public
Works)
18. State of California - Department of Parks and Recreation, Division of Boating and Waterways - Contract
and Resolution - The Butte County Sheriff's Office is requesting to enter into an agreement with the
State of California, Department of Parks and Recreation, Division of Boating and Waterways for FY 2014-
15 grant funds. The grant program is administered year-round and funds one (1) full-time uniformed
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/8/2014
Deputy Sheriff, and extra help staff, who provide law enforcement services, water rescue, and
education on boating safety to the citizens on waterways in Butte County. The waterways include the
Feather River, Lake Oroville, and the Sacramento River. In addition to a Deputy Sheriff,the grant funds a
leased vehicle, marine equipment and supporting program services. The State requires the County to
match the $159,342 grant award with boat tax revenue in the amount of $96,166. The Sheriff's Office
provides a full-time Sheriff's Sergeant to oversee the water enforcement program as match. The
Sheriff's Office is also requesting that as of July 1, 2014 the following representatives of the Sheriff's
Office be authorized to sign quarterly reimbursement requests, annual reports and other documents for
the performance of services described in the agreement: Kory Honea, Sheriff, JD Jones, Captain, or
Susan Tiffany, Administrative Analyst. (Sheriff-Coroner)
19. State of California Department of Parks and Recreation, Division of Boating and Waterways - The
Sheriff's Office applied for and received an equipment grant from the State of California, Department of
Parks and Recreation, Division of Boating and Waterways (DBW) in the amount of $80,000. The DBW
equipment grant will allow the Sheriff's Office to purchase a new fully-equipped patrol vessel. The new
patrol vessel will be used to enhance the Sheriff's Marine Program, as well as assisting with Search &
Rescue operations on Lake Oroville, the Sacramento River and the Feather River. DBW requests a
certified Minute Order authorizing execution of this contract. The Minute Order must authorize by
name and title, signatory of the contract and must be stamped with a certified county seal. No county
match is required. (Sheriff-Coroner)
20. State of California -Thermalito Afterbay Boating Enforcement Program FY15 -The Butte County Sheriff's
Office is requesting Board of Supervisor's approval to continue negotiations with the State of California,
Department of Water Resources for continued funding for the Thermalito Afterbay Boating
Enforcement Program. The year-round program funds two (2) full-time uniformed Deputy Sheriffs
providing law enforcement services to recreational ists utilizing the Thermalito Afterbay. In addition to
law enforcement personnel, the funding provides support costs, off-setting building lease funds, fuel,
office supplies, equipment, and vessel maintenance. The Department of Water Resources requests a
Minute Order from the Board of Supervisors that the Sheriff's Office can enter into another agreement
with the State. A second agenda transmittal will be presented to accept funding.(Sheriff-Coroner)
21. Request for Reappointment to Butte County Law Library Trustees -The Director of the Law Library has
submitted a request for the reappointment of Raoul LeClerc and R. Bruce Finch as Trustees. (Other
departments and agencies)\
22. Resolution Recognizing April 2014 as Sexual Assault Awareness Month. (Other departments and
agencies)
MOTION: I MOVE TO APPROVE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.15 (ADOPTION OF AN
ORDINANCE REPEALING ARTICLE I OF CHAPTER 13 AND REPLACING IT WITH A NEW ARTICLE I OF
CHAPTER 13 OF THE BUTTE COUNTY CODE) WHICH WAS PULLED FOR DISCUSSION.(MOTION: KIRK;
SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/8/2014
REGULAR AGENDA
Items Removed from the Consent Agenda for Board Consideration and Action.
1407-003 Adoption of an Ordinance Repealing Article I of Chapter 13 and Replacing it with a New Article I of
Chapter 13 of the Butte County Code -At the March 25, 2014 Board meeting,the Board introduced
and waived the first reading of an ordinance repealing Article I of Chapter 13 and replacing it with
a new Article I of Chapter 13 of the Butte County Code. The new ordinance would do the
following: 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. That 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 licensed civil engineer and when not; 6) Establish how discretionary
permits are issued by either the Zoning Administrator or the Planning Commission; 7) Establish
time limits for how long a permit is valid. Upon adoption by the board the Ordinance would
become effective in 30 days. (Public Works)
MR. BIGELOW REQUESTED THIS ITEM BE PULLED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA. HE ADDRESSED THE BOARD.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: MR. COX; MR. GREG SHANDEL; AND
JOHN GILLANDER.
MOTION: I MOVE TO DELAY THE ADOPTION OF THE ORDINANCE AND DIRECT STAFF TO MEET WITH THE
CONTRACTORS' USER GROUP. (MOTION: CONNELLY; SECOND: KIRK)
VOTE: Motion APPROVED 5 -0
1407-004 9:25 a.m. - Public Hearing- Resolution Regarding the Submittal of a State Community Development
Block Grant Application - Each year, the State Community Development Block Grant (CDBG)
program allocates funds for eligible CDBG activities. This year, the Community Development and
Economic Development Allocations of the State CDBG program published a combined Notice of
Funding Availability (NOFA). Eligible cities and counties may submit applications to fund eligible
CDBG activities under the NOFA. Eligible jurisdictions may apply for up to $2,000,000 for eligible
CDBG activities within the categories of: Enterprise Fund, Housing, Public Improvements, Public
Service, Public Facilities and Planning and Technical Assistance (PTA) Activities. County staff
recommends applying for$952,351 for the following activities: 1) Housing - Housing rehabilitation
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/8/2014
for single family homes in the unincorporated areas of Butte County; 2) Enterprise Fund - Micro-
enterprise technical assistance; 3) Public Facilities - Removal of architectural barriers at the County
of Butte facility located at 196 Memorial Way in Chico. (Administration)
JENNIFER MACARTHY, MANAGER OF ECONOMIC AND COMMUNITY DEVELOPMENT
INTRODUCED THIS ITEM.
MOTION: I MOVE TO ADOPT THE RESOLUTION APPROVING THE SUBMITTAL OF A STATE COMMUNITY
DEVELOPMENT BLOCK GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: KIRK;
SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
1407-005 9:30 a.m. - Public Hearing- Recycled Water(Wastewater) Pond Ordinance - In 1987,the Board of
Supervisors passed a resolution (87-108)that prohibited the approval of new wastewater ponds in
Butte County due to concern that wastewater ponds discourage the development of public
infrastructure. In 2006, a comprehensive set of standards was developed for wastewater ponds by
a technical advisory group that included governmental and private-sector representatives.The
advisory group completed a draft ordinance in 2007 that would restrict the type of wastewater
ponds that can be approved in the future to "recycled water ponds," a type of wastewater pond
that is lined to prevent any leakage and used only to store highly treated wastewater for beneficial
reuse or for dispersal during the dry months of the year. After completion of the California
Environmental Quality Act(CEQA) process for the General Plan and Zoning Ordinance in 2010 and
2012,the Board of Supervisors directed County staff to proceed with the CEQA review of the
proposed pond ordinance in 2013.The CEQA process was completed in 2014 with an Initial Study
that resulted in a Negative Declaration. (Public Health)
BRAD BANNER, DIRECTOR OF ENVIRONMENTAL HEALTH, INTRODUCED THIS ITEM. CHRIS
THOMAS FROM ENVIRONMENTAL HEALTH REPORTED ON THE CEQA REQUIREMENTS.
JIM MANN ADDRESSED THE BOARD.
MOTION: I MOVE TO: 1) ADOPT THE CEQA NEGATIVE DECLARATION; 2) WAIVE THE FIRST READING OF THE
PROPOSED ORDINANCE; 3) ADOPT THE RESOLUTION AMENDING THE BUTTE COUNTY MASTER FEE
SCHEDULE, WITH THE RECOMMENDED FEE CHANGES TO GO INTO EFFECT ON THE SAME DATE
THAT THE PROPOSED ORDINANCE BECOMES EFFECTIVE; 4) RESCIND 1987 RESOLUTION (RES. 87-
108)THAT PROHIBITED APPROVAL OF WASTEWATER PONDS, EFFECTIVE ON THE SAME DATE THAT
THE ORDINANCE BECOMES EFFECTIVE. (MOTION: CONNELLY; SECOND: KIRK)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/8/2014
1407-006 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER INTRODUCED CATHI GRAMS, DIRECTOR OF
EMPLOYMENT AND SOCIAL SERVICES WHO REPORTED ON A STATE REPORT ON CHILD WELFARE
SERVICES.
1407-007 10:05 a.m. - Public Hearing - Konkow Partnership, LLC Application for Outdoor Festival License -
Konkow Partnership has submitted an application for an Outdoor Festival License per Chapter 12,
Article III, Outdoor Festivals (Butte County Code Sections 12-25 through 12-33). The festival is
proposed to be three days (Friday through Sunday, June 27 - 29, 2014) with festival activities
scheduled from 9:00 a.m. to 12:00 a.m. each day. The applicant proposes to have a maximum of
300-500 spectators, participants and other attendees per day. On-site camping and parking is
proposed. The festival site will be on four parcels (APN 058-350-001, 002, 003 and 058-230-010),
totaling approximately 77.5 acres. The parcels are located on the west side of Concow Road,
directly across from Ishi Trail, at the Lake Concow Campground (12967 Concow Road, Concow).
The Department of Development Services (DDS) has completed an environmental review of the
application, completed a site visit, and determined that since no permanent structures will be
built, and only normal seasonal clearing of grass areas will occur, the project is categorically
exempt from the California Environmental Quality Act, per Section 15304 (e) - "Minor temporary
use of land having negligible or no permanent effects on the environment, including carnivals, etc."
The festival application was circulated to affected County departments and other agencies for their
comments and requirements. Recommended festival conditions are included in the staff report.
(Development Services)
MARK MICHELENA, PLANNER WITH THE DEPARTMENT OF DEVELOPMENT SERVICES,
PROVIDED A REPORT.
MOTION: I MOVE TO: 1) FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(E) OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND 2)APPROVE THE APPLICATION FOR AN
OUTDOOR FESTIVAL PERMIT(RFD14-0003), SUBJECT TO THE CONDITIONS SPECIFIED IN THE STAFF
REPORT. (MOTION: KIRK; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
1407-008 10:20 a.m. -Timed Item - Conditional Use Permit Process for Well Stimulation (Hydraulic Fracking)
Techniques - On January 15, 2014, the Butte County Water Commission heard an informational
item on well stimulation (hydraulic fracking). Hydraulic fracking is a common term for hydraulic
fracturing which is a technique of well stimulation used to increase petroleum production. While
the practice has been around for decades, the magnitude and intensity has increased across the
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/8/2014
United States. The practice has led to opportunities to increase petroleum production in many
parts of the country while raising concerns of groundwater contamination, seismic events and
other environmental impacts. In Butte County, a small amount of natural gas is produced and no
hydraulic fracking has occurred to date. The regulation of petroleum production is overseen at the
State level by the Division of Oil, Gas and Geothermal Resources (DOGGR) of the Department of
Conservation. In 2013, Senate Bill (SB) 4 was enacted with the intent of increasing the
transparency, study, environmental review and regulations related to hydraulic fracturing. At the
County level, the Zoning Ordinance requires a conditional use permit for oil and gas extraction.
Although there are 26 natural gas wells in production,there has not been a conditional use permit
issued for oil or gas extraction in over 25 years. There are approximately 200 abandoned gas wells
in Butte County. Under SB 4, if the owner or operator of an existing gas well, new gas well or an
abandoned gas well seeks to use well stimulation techniques, a permit under the new
requirements would need to be issued by DOGGR. At the February 2, 2014 meeting, the Water
Commission passed a motion recommending that the Butte County Board of Supervisors direct
DDS to develop an amendment to the Zoning Ordinance that specifically requires a conditional use
permit for hydraulic fracking oil and gas extraction practices. (Water and Resource Conservation)
PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION INTRODUCED THIS
ITEM. PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES, PROVIDED A REPORT
AND ANSWERED QUESTIONS FROM THE BOARD.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: CAROLINE KITTREL; LORETTA TORRES;
ROBIN DIFALCO; DOUG FOGEL;JOY STELLAR; LAUREL HEATH; WILMA KIRK; KRIS NELSON; DAVE
GARCIA; MS. DUNCANWOOD; AMY; JOHN SCOTT; DAN LEVINE;ANDREW MERKEL; MARIA
PHILLIPS; CHUCK FREIDMAN; PAM LEASE; RACHELLE PARKER; BILL BYNUM; DIANNA FOGEL;
AND CLARA BARBER.
MOTION: I MOVE TO DIRECT STAFF TO DEVELOP AN AMENDMENT TO THE ZONING ORDINANCE THAT
REQUIRES A CONDITIONAL USE PERMIT FOR HYDRAULIC FRACKING OIL AND GAS EXTRACTION
PRACTICES. (MOTION: WAHL;THE MOTION FAILED FOR LACK OF A SECOND)
MOTION: I MOVE TO REJECT THE WATER COMMISSION'S RECOMMENDATION AND DIRECT STAFF TO DRAFT
AN ORDINANCE TO BAN FRACKING IN BUTTE COUNTY. (MOTION: LAMBERT; SECOND: KIRK)
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-4/8/2014
1407-009 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 agenda.)
SUPERVISOR CONNELLY BROUGHT UP A REQUEST FOR A GENERAL PLAN AMENDMENT TO
ALLOW A CERTAIN NUMBER OF ANIMALS AND GRAZING ON BARE LAND IN CERTAIN
RESIDENTIAL ZONES IN BUTTE COUNTY.
SUPERVISOR KIRK COMMENTED ON THE HOUSEHOLD HAZARDOUS WASTE PROGRAM AND
REQUESTED THAT RESIDENTS LIVING IN APARTMENT COMPLEX BE ABLE TO TURN IN WASTE TO
ONE REPRESENTATIVE.
SUPERVISOR KIRK REPORTED ON THE TREASURY OVERSIGHT COMMITTEE HELD THIS
MORNING.
SUPERVISOR LAMBERT REPORTED ON HIS, CHAIR TEETER'S AND PAUL HAHN'S TRIP TO
WASHINGTON D.CTO MEET WITH FEDERAL REPRESENTATIVES ON BUTTE COUNTY ISSUES.
CHAIR TEETER ALSO REPORTED ON THE TRIP TO WASHINGTON D.0 TO MEET WITH FEDERAL
REPRESENTATIVES.
SUPERVISOR CONNELLY REPORTED THAT HIS HOME WAS BURGLARIZED THIS WEEKEND, AND
HE THANKED THE SHERIFF'S OFFICE FOR THEIR RESPONSE.
1407-010 General Plan Follow-Up and Implementation by Director of Development Services.
PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICE, PROVIDED A REPORT.
1407-011 Agreement with Town of Paradise to Collect Jail Facilities Fees - The County currently collects a
development impact fee for jail facilities upon new residential development within the
unincorporated area of the County in order to mitigate impacts on jail facilities resulting from
residential development. The Town of Paradise agrees that the County may impose this fee on all
new residential development projects within its incorporated boundaries for up to ten years, but
only after the four (4) other municipalities in the County enter into a similar agreement.
(Administration)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/8/2014
GREG ITURRIA, CHIEF FINANCIAL OFFICER, PROVIDED A REPORT.
MOTION: I MOVE TO APPROVE THE AGREEMENT WITH THE TOWN OF PARADISE AND AUTHORIZE THE CHAIR
TO SIGN. (MOTION: CONNELLY; SECOND: TEETER)
VOTE: Motion APPROVED 5 -0
1407-012 Revision of Water Well Ordinance (23B)to Establish Requirements for Exploratory Wells -The use of
exploratory wells began in the early 2000's to allow developers and potential purchasers of land to
verify the presence of an adequate supply of groundwater prior to making significant investments in
their projects or purchases.The problem arose when water provided by exploratory wells was being
used to facilitate unpermitted development activities. To address this problem, the Board of
Supervisors, on November 5, 2013, directed the Public Health Department to develop a program
requiring new exploratory wells to be capped and remain unused prior to completion of a process
for verifying conformance with state and local requirements at the time of parcel creation. The
Department returned to the Board on March 11, 2014 and presented a proposed revision of the
Well Construction Ordinance that would require property owners with exploratory wells to
maintain annually renewed maintenance permits and submit inspection reports by certified
maintenance specialists to assure the wells remained unused prior to Parcel Review, as part of the
permit renewal process. The proposed ordinance also included enforcement provisions for non-
compliance. However, after further consideration and discussion, the Board determined that the
proposed ordinance would adversely impact property owners with legal parcels opting for
exploratory wells, and redirected the Public Health Department to bring the ordinance back with
increased penalties and without provisions for annual permitting and inspection of exploratory
wells. (Public Health)
CATHY RAEVSKY, DIRECTOR OF PUBLIC HEALTH, INTRODUCED THIS ITEM.
THE FOLLOWING MEMBER OF THE PUBLIC ADDRESSED THE BOARD: ANDREW MERKEL.
MOTION: I MOVE TO WAIVE THE FIRST READING OF THE PROPOSED ORDINANCE. (MOTION: CONNELLY;
SECOND: WAHL)
VOTE: Motion APPROVED 5 -0
1408-013 PUBLIC COMMENT (each speaker limited to five minutes)
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: DAVID PALMERLY, LISA NORTHUM,
JAMES GUADRIAN, AND NADINE WATTS.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-4/8/2014
1408-014 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. 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; POA- MANAGEMENT
UNIT; NON-REPRESENTED UNIT
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 22, 2014
PAGE 13