HomeMy WebLinkAboutM042214 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/22/2014
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.
CORRECTIONS AND/OR CHANGES TO THE AGENDA. (NONE)
CONSENT AGENDA
3.01 BHC Heritage Oaks Hospital, Inc. - Amendment C - BHC Heritage Oaks Hospital, Inc., provides inpatient
psychiatric hospitalization services. Approval is requested for an amendment with BHC Heritage Oaks
Hospital to provide additional inpatient psychiatric services due to an increased number of client
referrals. The term of this agreement will remain July 1, 2013 through June 30, 2014. The maximum
financial obligation under this agreement shall not exceed $280,000 (this is an increase of$80,000) with
no change to rates - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral
Health)
3.02 Glad Investments, Inc., dba Riverside Convalescent Hospital - Riverside Convalescent Hospital, a skilled
nursing facility, was selected as a result of a competitive request for proposal to provide daily meals for
inpatients at Butte County's Psychiatric Health Facility. Approval is requested to renew the agreement
with Riverside Convalescent Hospital. The term of the agreement is July 1, 2014 through June 30, 2015.
The maximum financial obligation under this agreement shall not exceed $54,670.75 - action requested
- APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.03 Kindred HealthCare, dba Medical Hill Rehab Center, LLC - Kindred Healthcare provides services targeted
at improving the adaptive functioning of chronic mentally disordered patients to enable some patients
to move into a less restrictive environment and prevent other patients from regressing to a lower level
of functioning. Approval is requested to renew the agreement with Kindred Healthcare. Their services
include life skills training, money management, training on accessing community services, transitional
programs, work activity, and vocational counseling. The term of this agreement is July 1, 2014 through
June 30, 2015. The maximum financial obligation under this agreement shall not exceed $60,225 -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.04 Sierra-Cascade Research Associates, Inc. - Amendment A - Gerald E. Maguire, MD of Sierra-Cascade
Research Associates, Inc. is a licensed medical doctor, who provides services in the specialized field of
psychiatry as required for adult clients at the Butte County Department of Behavioral Health Paradise
Treatment Center. Approval is requested for an amendment to the agreement for additional services
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/22/2014
based on increased client need. The term of this agreement will remain July 1, 2013 through June 30,
2014. The maximum financial obligation under this agreement shall not exceed $49,950 (this is an
increase of $9,450), with no change to rates - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Behavioral Health)
3.05 Butte County Probation Department - Drug Court MOU - The Butte County Probation Department, in
collaboration with Butte County Superior Court and the Butte County Department of Behavioral Health,
established a comprehensive Drug Court Program designed to serve adult drug offenders. Participants
are non-violent convicted criminals with substance abuse issues. The Drug Court programs include
intensive treatment services with ongoing monitoring and continuing care for 12 months or more.
Approval is requested for a Memorandum of Understanding (MOU) with the Butte County Probation
Department for the provision of access to treatment, ongoing judicial oversight and team management
for substance-abusing offenders. The term of the agreement is July 1, 2014 through June 30, 2015. The
maximum financial obligation under this agreement is $70,000 - action requested - APPROVE THE
MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.06 Employment Contract - Director, Behavioral Health - Board approval of an employment contract with
Dorian Kittrell, Director of Behavioral Health is requested. The salary of the position is $145,000. The
term of the contract is three (3) years, beginning May 29, 2014 and terminating on May 28, 2017 -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Chief Administrative Office)
3.07 Introduction of an Ordinance Regarding Compensation of Members of the Board of Supervisors - The
salary of members of the Board of Supervisors (Board Members) is set by ordinance. The current
ordinance, Ordinance No. 4025, specifies that each year the salary of each Board Member shall be
increased by the percentage increase of the salary for judges, as specified in Government Code Section
68203, provided, however,that the annual increase in the salary shall in no case exceed five (5) percent.
The judge's salaries, and therefore the Board Members' salaries, have not been increased since January
2007. Per a November 27, 2013 letter from the Judicial Council of California - Administrative Office of
the Courts, judicial salaries are being increased 1.4% retroactive to July 1, 2013. Per County Ordinance,
salary for Board of Supervisors Members will be increased 1.4% effective July 1, 2014. With the current
annual salary set at $53,014, a 1.4% increase will increase the annual salary of Board Members by$742
to $53,756 per year. The ordinance to be introduced will replace Ordinance Numbers 4025 and 4039 to
reflect the new annual salary of Board Members, as well as update language to allow for changes to
salaries at such time judges' salaries are changed and not specifically on July 1st of any given year -
action requested -WAIVE THE FIRST READING OF THE ORDINANCE. (Chief Administrative Office)
3.08 Butte County Indian Gaming Local Community Benefit Committee Appointment - The Bylaws of the
County of Butte Indian Gaming Local Community Benefit Committee (IGLCBC), based on Chapter 7.5 of
Part 2 of Division 3 of Title 2 of the California Government Code, specifies the method by which
members of the IGLCBC are appointed. The Bylaws list the membership categories as representatives
from the County of Butte, representatives from the City of Oroville, and representatives from the Berry
Creek and Mooretown Rancherias. Article II, Section I (c) states the Board of Supervisors selects the
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/22/2014
Tribal representatives upon receiving a recommendation from the Tribe(s). On April 2, 2014, the Tribal
Council of the Berry Creek Rancheria of Maidu Indians of California selected Tribal Vice Chair Debra
Armus as their recommendation for the IGLCBC representative - action requested - APPOINT TRIBAL
VICE CHAIR DEBRA ARMUS AS THE BERRY CREEK RANCHERIA REPRESENTATIVE ON THE BUTTE COUNTY
IGLCBC FOR A TERM OF FOUR YEARS, ENDING ON JUNE 30, 2018. (Chief Administrative Office)
3.09 Compensation Agreement with Town of Paradise - On February 10, 2014, the Town of Paradise (Town)
sent a request to Butte County to enter into a compensation agreement with the Town per
requirements under Health and Safety Code (H&SC), Section 34180(f), related to the dissolution of
Redevelopment Agencies (RDA). The Town is interested in transferring a property that is owned by the
former Paradise Redevelopment Agency to the Town, in order to clean it up, correct a lot line problem,
and market the property, per the Long-Range Property Management plan adopted by the Successor
Agency of the Paradise Redevelopment Agency. Under the cited section of the H&SC, "If a city, county,
or city and county wishes to retain any properties or other assets for future redevelopment activities,
funded from its own funds and under its own auspices, it must reach a compensation agreement with
the other taxing entities to provide payments to them in proportion to their shares of the base property
tax, as determined pursuant to Section 34188, for the value of the property retained." If the Town is
able to sell the property, the County will get its share of the proceeds based on the same manner that
tax increment revenues were shared under the RDA pass through agreements.Without agreement from
the County and other affected taxing entities, the property will not be able to be transferred to the
Town and will remain in its current blighted state - action requested - APPROVE COMPENSATION
AGREEMENT AND AUTHORIZE CHAIR TO SIGN. (Chief Administrative Office)
3.10 Letter of Opposition - Senate Bill 1270 Amending the Surface Mining and Reclamation Act of 1975 -
Senate Bill 1270 (Paveley) would amend the Surface Mining and Reclamation Act of 1975 and shift lead
agency responsibilities to the State. The California State Association of Counties (CSAC), Rural County
Representatives of California (RCRC), and the League of California Cities sent a letter opposing SB 1270,
which represents a major shift in land-use responsibility from experienced lead agencies to a state
agency. SB 1270 would erode local authority to regulate local mining operations, setting a dangerous
precedent of the State usurping local land use authority from local governments - action requested -
APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office)
3.11 Notice of Completion for the Juvenile Hall Security System Upgrade, 41 County Center Drive, Oroville -
P2ABC Controls, Inc. - On April 23, 2013, the Board of Supervisors awarded a $469,000 contract to
P2ABC Controls to upgrade the Juvenile Hall electronic security system located at 41 County Center
Drive. This upgrade included replacement of the single Programmable Logic Controller (PLC) with a dual
PLC system, installation of 130 cameras, eight (8) monitors, nine (9) digital recorders and the installation
of 144 digital intercom devices. In addition to the original contract, an increase in the scope of work
required three (3) contract change orders totaling $14,965, bringing the total contract cost to $483,965.
All items of work have been completed to the satisfaction of the Probation and General Services
Departments, and staff is requesting that the Board ratify the three (3) change orders, accept the work
as being complete, and direct staff to file the notice of completion with the County Recorder's office -
action requested - 1) RATIFY CONTRACT CHANGE ORDERS IN THE AMOUNT OF $14,965; 2) ACCEPT THE
CONTRACT WORK AS COMPLETE AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION;
AND 3) DIRECT STAFF TO FILE THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER. (General
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/22/2014
Services)
3.12 Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance. These changes will leave the total allocations in the County
unchanged. The following are the sections of the Salary Ordinance to be amended: BEHAVIORAL
HEALTH: On March 25, 2014 the Board of Supervisors approved the creation of Psychiatric Nurse,
Senior; Psychiatric Nurse; Psychiatric Nurse, Associate classifications to be placed on the Salary
Ordinance. These classifications better reflect the internal structure and operations in the department
and specifically for the nurses assigned to the Psychiatric Health Facility, Crisis Services and Crisis
Stabilization units. The department is requesting to reallocate four (4) existing Staff Nurse positions to
the newly created Psychiatric Nurse series. These changes will leave the total allocations in the
department unchanged and have no additional fiscal impact on the County General Fund. DESS:
requests to flexibly staff one (1) position of Inventory Warehouse Specialist, Senior and three (3)
positions of Inventory Warehouse Specialist to Inventory Warehouse Specialist, Senior/Inventory
Warehouse Specialist. These changes will allow greater flexibility in filling the positions as well as
offering a career ladder. Any increase in costs associated with these changes is fully covered in the
department's budget. These changes will leave the total allocations in the department unchanged.
HUMAN RESOURCES: The Human Resources Department is requesting to delete the classifications of
Deputy County Clerk I; Deputy County Clerk-Registrar II; Deputy County Clerk-Registrar III; Deputy
County Clerk-Recorder II; and Deputy County Clerk-Recorder III from Section 57, Reference C (Effective
02/01/14-2%) and Section 57, Reference C(Effective 12/20/14-1%) of the Salary Ordinance titled, BCEA-
General Unit Classifications". In conjunction with these deletions, the department requests to add the
classifications of Deputy County Clerk-Recorder; Deputy County Clerk-Recorder, Senior; Deputy County
Clerk-Elections; Deputy County Clerk-Elections, Senior to Section 57, Reference C (Effective 02/01/14-
2%) and Section 57, Reference C (Effective 12/20/14-1%) of the Salary Ordinance titled, BCEA-General
Unit Classifications. These title changes have been agreed to by Human Resources and the applicable
Employee Association. CLERK RECORDER: Concurrent with the Human Resources Department request
above, the department requests to reallocate four (4) positions of Deputy County Clerk-Registrar
III/II/Deputy County Clerk I and seven (7) positions of Deputy County Clerk-Recorder III/II/Deputy
County Clerk I to Deputy County Clerk-Registrar/Deputy County Clerk-Registrar, Senior and Deputy
County Clerk-Elections/Deputy County Clerk-Elections, Senior, respectively. In addition, the department
is requesting to delete one (1) vacant position of Deputy County Clerk-Registrar III/II/Deputy County
Clerk I and add one position of Inventory Warehouse Specialist, Senior/Inventory Warehouse Specialist.
This position will inventory supplies and equipment, oversee deployment of supplies and equipment
and assist in supervising volunteers and seasonal election workers. This change will better meet the
current and future operational needs of the department. These changes will have no fiscal impact on
the County General Fund and leave the total allocations in the department unchanged - action
requested -ADOPT THE RESOLUTION AMENDING THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR
TO SIGN. (Human Resources)
3.13 Agreement with Matson and Isom - The Department of Human Resources conducted a Request for
Proposal (RFP) for an overall evaluation of the Payroll Division's internal processes. Two firms
responded to the RFP and the Department selected Matson and Isom. The evaluation will include
payment and reporting of special pays, overtime calculations and the coordination of Workers
Compensation and State Disability Insurance. The term of this agreement is from April 22, 2014 to June
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/22/2014
30, 2014. The total compensation for this contract is not-to-exceed $50,000 and is included in the
current fiscal year budget - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Chief Administrative
Office)
3.14 Adoption of an Ordinance Amending Chapter 23B to Establish Requirements for Exploratory Wells -The
use of exploratory wells began in the early 2000s to allow developers and potential purchasers of land
to verify the presence of an adequate supply of groundwater prior to making purchases or significant
investments in projects. To address the problem of exploratory wells being misused to facilitate
unpermitted development activities, the Board, on November 5, 2013, directed the 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 annual permitting and inspection of
new exploratory wells. 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 Department to bring the ordinance back with increased penalties
and without provisions for annual permitting and inspection of exploratory wells. The changes were
made to the ordinance and the revised ordinance was brought to the Board on April 8, 2014. At that
time the Board waived the first reading of the ordinance - action requested - ADOPT ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (Public Health)
3.15 Adoption of an Ordinance Adding Chapter 19B, Entitled "Recycled Water (Wastewater) Pond
Ordinance" to the Butte County Code - In 1987, the Board of Supervisors passed a resolution (87-108)
that prohibited the approval of new wastewater ponds in Butte County due to the 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. The ordinance was brought to the Board on April 8,
2014, and at that time the Board adopted the CEQA Negative Declaration, waived the first reading of
the ordinance, adopted a resolution amending the Butte County Master Fee Schedule, effective
commensurate with the effective date of the ordinance, and rescinded the 1987 resolution (Res. 87-
108) prohibiting the approval of wastewater ponds, effective commensurate with the effective date of
the ordinance - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Public
Health)
3.16 Authorization to Award Project - Construction of Module 1 & 3 Temporary Cover for the Neal Road
Recycling and Waste Facility - On February 25, 2014, the Board authorized the Butte County
Department of Public Works (DPW) to advertise for bids to install an interim cover on an 8.5 acre
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/22/2014
section of the landfill that will interface between the closed unlined waste modules and the newer lined
waste modules. A reinforced polypropylene membrane will replace temporary covers that were
installed in 2007 as a measure to limit storm water infiltration and protect ground water. The
temporary covers have deteriorated and need to be replaced with a more substantial cover that will last
until waste is placed in this area (estimated to be 15 years). The DPW advertised for bids on February
26, 2014 and received six (6) bids on April 8, 2014. The firm of Nichelini General Engineering
Contractors, Inc. was determined to be the apparent low bidder at $692,020.03. The low bid is 2.6%
greater than the engineer's estimate of $674,500. This project was budgeted in the current fiscal year
based on a preliminary estimate developed last year. The scope of the project changed since it was
budgeted and will require a budget adjustment to fund the increased amount. The DPW requests a
budget adjustment using Neal Road Recycling and Waste Enterprise fund balance to fund the project.
The DPW recommends an award of project to Nichelini General Engineering Contractors, Inc of West
Sacramento as the lowest responsible and responsive bidder -action requested - 1) AWARD CONTRACT
TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER AND AUTHORIZE THE DIRECTOR OF PUBLIC
WORKS TO EXECUTE CONTRACT SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER;AND 2)APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Public Works)
3.17 Budget Adjustment for County Service Area 180 to Provide Appropriation to Pay Billed Charges for
Pump Maintenance - CSA 180 (Red Hawk Ranch Subdivision) required replacement of a pressure relief
valve that was not anticipated in this year's budget. Requested is an approval of a budget adjustment in
the amount of $317 for this replacement. This CSA has sufficient funding set aside for unanticipated
repairs or replacement of fire protection equipment - action requested - APPROVE BUDGET
ADJUSTMENT(4/5 vote required). (Public Works)
3.18 Authorization to Award Project to the Lowest Responsive and Responsible Bidder for the Garner Lane
Pavement Replacement Project, County Project No. 61165-A-2014-1 - In 2014, the Public Works
Department will use its own staff to chip seal Garner Lane in Chico from the Esplanade to Keefer Road.
Prior to placement of the chip seal, it was determined that three portions of Garner Lane between State
Highway 99 and Keefer Road are in need of major pavement rehabilitation, and the work could be
better performed by a contractor. Due to time constraints and getting the contract work complete prior
to the County staff placing the chip seal, the Public Works Department began advertisement for the
Garner Lane Pavement Replacement project on April 3, 2014. A total of five bids were received and
opened on April 15, 2014 for the project. The low bidder was George Reed, Inc. of Modesto, CA. The
low bid amount was $107,615. The bid amount from George Reed, Inc. was 13.27% below the
engineer's estimate of $124,085 - action requested - AWARD THE CONTRACT TO THE LOWEST
RESPONSIBLE AND RESPONSIVE BIDDER AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Works)
3.19 State of California, Off-Highway Motor Vehicle Recreation (OHMVR) Grant - The Butte County Sheriff's
Office is requesting to accept a grant from the State of California, Department of Parks and Recreation,
Division of Off-Highway Motor Vehicle Recreation (OHMVR). The Sheriff's Office will provide extra help
and overtime uniformed deputy sheriffs year-round to patrol the Jonesville Snow Park and Butte
Meadows utilizing snow mobiles and 4-wheel drive vehicles. Uniform law enforcement personnel will
provide patrol shifts during high usage periods, especially holiday weekends, and as needed. The grant
in the amount of $22,897 will be utilized for personnel costs, fuel and maintenance, first aid kits, and
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/22/2014
safety equipment. The grant requires a $7,860 match that will be met by utilizing Butte County Sheriff's
Office personnel providing supervision of grant activities, financial oversight, as well as volunteer staff
from the Butte County Search and Rescue when performing search and rescue missions - action
requested -ACCEPT GRANT AWARD. (Sheriff-Coroner)
3.20 California Water Action Plan - Sustainable Groundwater Management - In January 2014, Governor
Brown finalized the California Water Action Plan to guide State efforts to enhance water supply
reliability, restore damaged ecosystems, and improve the resilience of water infrastructure over the
next five (5) years. Ineffective groundwater management was among the areas covered by the Action
Plan. The report found that "inconsistent and inadequate tools, resources and authorities make
managing groundwater difficult in California and impede our ability to address problems such as
overdraft, seawater intrusion, land subsidence, and water quality degradation." The report did
acknowledge that most basins were not in overdraft and that there are many good examples of well
managed basins. The Governor's 2014-15 proposed budget included resources for the State Water
Resources Control Board to take over the management of groundwater basins. The Governor also
announced his intent to enact legislation for statewide sustainable groundwater management. On
March 7, 2014, the State released a draft framework for comment due April 25, 2014. County staff has
been working with Rural County Representatives of California (RCRC) and California State Association of
Counties (CSAC) on comments and recommendations. The draft comment letter complements the
letters to be submitted by RCRC and CSAC and is consistent with the County's legislative platform -
action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource
Conservation)
3.21 Request for Reappointment to the Gridley-Biggs Cemetery District Board of Directors - The District
Manager of the Gridley-Biggs Cemetery District has submitted a request to reappoint Joseph P. Hughes,
Director to a term to end May 1, 2018 - action requested - MAKE APPOINTMENT. (Other departments
or agencies)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA.
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA
4.01 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.)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/22/2014
4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
4.04 Successor MOU, Butte County Employees Association-Social Services Workers Unit (BCEA-SSW) and
Resolution Amending the Salary Ordinance - Over the past several months, the County and the
bargaining team for the Butte County Employees Association-Social Services Workers Unit (BCEA-SSW)
have met and conferred over a new Memorandum of Understanding (MOU). BCEA-SSW has ratified
the terms of the County's offer for a new MOU that will supersede and replace the expired 2010-2013
MOU. Concurrent with the adoption of the MOU, "Section 57D-BCEA-Social Services Workers Unit
Classifications" of the Salary Ordinance needs to be amended to reflect the wage increases (04/12/14-
2% and 12/20/14-1.5%) that were negotiated with BCEA-SSW and included in their MOU. As part of
this change, the Salary Schedules reflecting these wage increases also need to be added to the Salary
Ordinance. The new Salary Schedules will be titled "Reference X (Effective 04/12/14-2%)" and
"Reference X (Effective 12/20/14-1.5%)" - action requested - 1) APPROVE MOU FOR THE BUTTE
COUNTY EMPLOYEES ASSOCIATION-SOCIAL SERVICES WORKERS UNIT (BCEA-SSW) AND AUTHORIZE
THE CHAIR TO SIGN; AND 2) ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
BRIAN RING, DIRECTOR OF HUMAN RESOURCES PROVIDED A REPORT.
MOTION: I MOVE TO: 1) APPROVE MOU FOR THE BUTTE COUNTY EMPLOYEES ASSOCIATION-SOCIAL
SERVICES WORKERS UNIT (BCEA-SSW) AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT THE
RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
(MOTION: KIRK; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:30 a.m. - Public Hearing - Consideration of Mitigated Negative Declaration for Environmental Impact
for the Neal Road Bike Lane Project -The proposed project is to occur in three (3) phases to install Class
2 bike lanes along 7.5 miles of Neal Road from the Oro-Chico Highway to Paradise Town Limits. Phase 1
is currently programmed for federal Transportation Enhancement (TE) reimbursement under Federal
Project No. RPSTLE-5912(090) and consists of widening and adding bike lanes to the first 4.7 miles of
Neal Road, east of State Route 99. Phase 1 also improves bike accessibility over the remainder of Neal
Road with installation of "Share the Road" signage including the portion within Paradise Town Limits to
the Skyway intersection. As part of Phase 1, "Share the Road" signage will also be installed along the
unincorporated portion of Cohasset Road from Chico city limits to Cohasset School. When funded in the
future, Phase 2 will address the remaining 2.15 miles of Neal Road east to Paradise Town limits, which
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/22/2014
will include full roadway reconstruction with Class 2 bike lanes. Phase 3 will also occur later on the 0.65
mile segment of Neal Road from the Oro-Chico Highway to State Route 99 where the roadway will be
widened with Class 2 bike lanes. "Share the Road" signage will be installed on the approaches to the
Nance Canyon Creek Bridge located approximately 0.18 miles west of State Route 99 until the bridge
can be replaced with a wider structure. Overall project activities include limited excavation, shoulder
widening, pavement reconstruction, culvert extensions, roadside ditch improvements, and shoulder
backing. Also included are traffic control, guardrail relocation, pavement markings, and striping. Phase 2
will necessitate minor right of way acquisition to accommodate roadway widening and realignment. All
three phases are evaluated in the Draft Initial Study, which identifies possible impacts to special status
species, wetlands, and jurisdictional waters. The Proposed Mitigated Negative Declaration makes the
determination that identified mitigation measures may be implemented to avoid the significant impacts
on the environment -action requested - 1) ADOPT THE CEQA MITIGATED NEGATIVE DECLARATION FOR
BIKE LANE PROJECT; 2) ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND
DIRECT THE PUBLIC WORKS DEPARTMENT TO MAKE THE MMRP A PART OF THE REQUIREMENTS OF THE
PROJECT; 3) INCORPORATE CONDITIONS AND AVOIDANCE AND MITIGATION MEASURES IDENTIFIED IN
REGULATORY PERMITS INTO THE PROJECT; AND 4) AUTHORIZE PAYMENT OF MITIGATION AND IN-LIEU
FEES, IF DEEMED NECESSARY, AS A RESULT OF PRE-CONSTRUCTION SURVEYS FOR SWAINSON'S HAWK
AND OTHER PROTECTED SPECIES AND/OR UNAVOIDABLE IMPACTS TO JURISDICTIONAL WATERS
WITHIN THE BOUNDARIES OF PHASE 1. (Public Works)
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS, PROVIDED A REPORT.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: CHRIS NICOLASON.
MOTION: I MOVE TO: 1) ADOPT THE CEQA MITIGATED NEGATIVE DECLARATION FOR BIKE LANE PROJECT,
2) ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND DIRECT THE
PUBLIC WORKS DEPARTMENT TO MAKE THE MMRP A PART OF THE REQUIREMENTS OF THE
PROJECT; 3) INCORPORATE CONDITIONS AND AVOIDANCE AND MITIGATION MEASURES
IDENTIFIED IN REGULATORY PERMITS INTO THE PROJECT; AND 4) AUTHORIZE PAYMENT OF
MITIGATION AND IN-LIEU FEES, IF DEEMED NECESSARY, AS A RESULT OF PRE-CONSTRUCTION
SURVEYS FOR SWAINSON'S HAWK AND OTHER PROTECTED SPECIES AND/OR UNAVOIDABLE
IMPACTS TO JURISDICTIONAL WATERS WITHIN THE BOUNDARIES OF PHASE 1. (MOTION:
CONNELLY; SECOND: KIRK)
VOTE: Motion APPROVED 5 -0
5.02 9:35 a.m. -Timed Item - Presentation Regarding the State of Jefferson -action requested -ACCEPT FOR
INFORMATION.
MIKE BAIRD PROVIDED A REPORT TO THE BOARD.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: TOM KOZYK; LARRY DUNN;TERRY
RAPOZA; RED SMITH; LAUREL TOWER;JANICE HECKERSON; CLAYTON TIMMER; MIKE WACKER;
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/22/2014
KENT FOLWER; CHRIS BURCHFIELD;JACK LEE; KATHY RICKEY;JOHN MARTIN; DAN LEVINE;
JOSEPH HILLOCK; MR. DYE; ?;JOHN HOGAN; SALLY REPOZA;JOUSHA GILBERTSON; MATT HILL;
FERNANDO.MARIN; RUTH HARING;TERRY FAULKNER; CHRIS NICOLAUSON; BILL CROSS; LESLIE
FOSS; AND MR. ANDERSON.
MOTION: I MOVE TO REQUEST THE BOARD AGENDIZE A DISCUSSION AND CONSIDERATION OF A BOARD
VOTE ON THE DECLARATION OF SUPPORT FOR THE STATE OF JEFFERSON AT THE FIRST MEETING IN
JUNE. (MOTION:WAHL; SECOND: CONNELLY)
VOTE: Motion carried 4- 1
YEA: Supervisor Wahl, Supervisor Connelly, Supervisor Kirk, Supervisor Teeter
NAY: Supervisor Lambert
5.03 10:00 a.m. - Timed Item - Approval of Forest Advisory Committee Bylaws and Resolution Appointing
Treasurer-Tax Collector to Butte County Coordinating Committee - At the December 10, 2013 meeting,
the Board of Supervisors (Board) directed staff to set up a citizens' advisory committee to advise the
Board on issues pertaining to U.S. Forest Service lands and other public lands. The proposed bylaws
outline the following: names the body as the Forest Advisory Committee (FAC); defines its membership
(five (5) public members and alternates from agriculture/timber management, recreation-motorized,
recreation-non-motorized, environmental and watershed management, economic/tourism interests;
and one (1) representative from the Butte County Coordinating Committee (ex officio)); delineates
terms of FAC members; and includes other details to operate the FAC.The FAC will work with the Butte
County Coordinating Committee (Committee) to bring recommendations to the Board. Currently, the
Committee is comprised of the Development Services Director, Public Works Director, and Water and
Resource Conservation Director. Staff recommends adding the Treasurer-Tax Collector to the
Committee, who has also expressed an interest in serving as an ex officio member of the FAC - action
requested - 1) APPROVE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE FOREST
ADVISORY COMMITTEE BYLAWS AND AUTHORIZE THE CHAIR TO SIGN. (Administration)
SANG KIM, DEPUTY ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
MOTION: I MOVE TO: 1) APPROVE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE
FOREST ADVISORY COMMITTEE BYLAWS AND AUTHORIZE THE CHAIR TO SIGN. (MOTION:
CONNELLY; SECOND:TEETER)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/22/2014
5.04 10:10 a.m. -Timed Item - Revision of Public Health Permits Ordinance (18A) and Adoption of Retail Food
Facility Placarding Ordinance (18B) to Implement Retail Food Facility Color-Coded Placarding Program -
Rating the level of food safety at retail food facilities and providing the information to the public using
grades or colored placards has been shown in jurisdictions where rating systems have been adopted to
promote public health by reducing the occurrence of foodborne illness. Rating systems for retail food
facilities are popular with the public and supported by the retail food industry in jurisdictions where
rating systems have been established. The Butte County Food Safety Advisory Group reviewed both the
grading and the placarding rating systems and determined that a placarding program following the
Sacramento County model would be best suited to meet the needs of Butte County residents. A
placarding program proposal was developed and shared with the retail food industry in a series of
regional workshops. The information was then shared with the general public through a series of
regional workshops and on the department's website. Opinion surveys were provided at all the
workshops and on the department's website. The majority of respondents, representing both the
industry and the general public, strongly supported the placarding proposal. The proposal was taken to
the Board of Supervisors on December 10, 2013. The Board directed the department to return to the
Board with an ordinance to implement the placarding program as presented - action requested -1)
WAIVE THE FIRST READING OF THE REVISIONS PROPOSED FOR THE PUBLIC HEALTH PERMITS
ORDINANCE (BUTTE COUNTY CODE CHAPTER 18A); 2)WAIVE THE FIRST READING OF THE PROPOSED
RETAIL FOOD FACILITY PLACARDING ORDINANCE (BUTTE COUNTY CODE CHAPTER 18B); AND 3) ADOPT
THE RESOLUTION FOR IMPLEMENTATION OF A RETAIL FOOD FACILITY PLACARDING PROGRAM. (Public
Health)
CATHY RAEVSKY, DIRECTOR OF PUBLIC HEALTH AND BRAD BANNER, DIRECTOR OF
ENVIRONMENTAL HEALTH, PROVIDED A REPORT.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: JOHN RAWLINGS; RICHARD COON;
DAN SALMON. DAN LEVINE;JOHN ROGERS; AND DUANNE LOVATO ( SP?)
MOTION: I MOVE TO: 1) WAIVE THE FIRST READING OF THE REVISIONS PROPOSED FOR THE PUBLIC HEALTH
PERMITS ORDINANCE (BUTTE COUNTY CODE CHAPTER 18A); 2)WAIVE THE FIRST READING OF THE
PROPOSED RETAIL FOOD FACILITY PLACARDING ORDINANCE (BUTTE COUNTY CODE CHAPTER 18B);
AND 3) ADOPT THE RESOLUTION FOR IMPLEMENTATION OF A RETAIL FOOD FACILITY PLACARDING
PROGRAM. (MOTION: KIRK; SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
5.05 10:30 a.m. - Timed Item - Reconsideration of an Ordinance (No. 4075) Amending Restrictions on
Cultivation of Medical Marijuana Ordinance - California Elections Code Section 9144 requires that the
Board of Supervisors reconsider ordinances protested by petition.The Board adopted an ordinance (No.
4075) amending Sections 34A-4, 34A-5, and 34A-8 to Article I, Chapter 34A, entitled "Restrictions on
Cultivation of Medical Marijuana" of the Butte County Code on February 11, 2014. The effective date of
the amendment would have been March 13, 2014, but a petition protesting the adoption of the
ordinance amendment was filed with the Clerk of the Board of Supervisors on March 12, 2014, and
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/22/2014
transferred to the Butte County Elections Office for signature verification. The County Clerk-Recorder
has verified that there are sufficient valid signatures on the petition, as set forth in the Certification to
Referendum Petition Signature Verification, therefore, the ordinance (No. 4075) amending Sections
34A-4, 34A-5, and 34A-8 to Article I, Chapter 34A, entitled Restrictions on Cultivation of Medical
Marijuana of the Butte County Code is legally suspended at this time. Pursuant to Elections Code
Section 9145, the Board has the option of either repealing the ordinance amending the Chapter in its
entirety or, by resolution, submitting the ordinance to the voters at the next regularly scheduled county
election occurring not less than 88 days after the date of the Board's order, or at a special election
called specifically to vote on the ordinance at least 88 days after the order. If the ordinance is submitted
to the voters, it would only become effective if a majority of voters voting on the ordinance votes in
favor of it. If the Board directs the ordinance to be submitted to the voters, the Department will return
to the Board at the next meeting with the appropriate resolution - action requested - 1) REPEAL THE
ORDINANCE (NO. 4075); - OR - 2) ORDER THE ORDINANCE (NO. 4075) TO BE SUBMITTED TO THE
VOTERS AT THE NOVEMBER 4, 2014 GENERAL ELECTION; - OR - 3) ORDER THE ORDINANCE (NO.
4075) TO BE SUBMITTED TO THE VOTERS AT A SPECIAL ELECTION TO BE HELD NOT LESS THAN 88 DAYS
AFTER THE DATE OF THE ORDER. (County Clerk Recorder)
CANDACE GRUBBS, CLERK RECORDER/REGISTRAR OF VOTERS, PROVIDED A REPORT.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: EVERETT GREMMINGER; DAN
SALMON; CHRIS SOMMERS; SANDRA MILLER; LORETTA TORRES; BONNIE SALMON; DONNA
KORBY; DAN LEVINE; WILLIAM BUZZ MORGANJOM KORBY; DEBRORAH NORRIS; ?;JOHNNIE
CASPER; MARK NICHOLS; ANDREW MERKEL; DIANNA WRIGHT; WAYNE HUNTER; RON
HALVERSON; AND TIM TAYLOR.
MOTION: I MOVE TO ORDER THE ORDINANCE (NO. 4075) TO BE SUBMITTED TO THE VOTERS AT THE
NOVEMBER 4, 2014 GENERAL ELECTION. (MOTION: WAHL; SECOND: KIRK)
VOTE: Motion APPROVED 5 -0
6.00 PUBLIC COMMENT (each speaker limited to five minutes)
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: DAN LEVINE AND LOREN GRINER.
RECESS
Recessed as the Butte County Board of Supervisors and convened as the Butte
County In-Home Supportive Services Public Authority
PAGE 12
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/22/2014
IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD
MINUTES
APRIL 22, 2014
CALL TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
Members present: Connelly Wahl, Kirk, Lambert and Teeter
2.00 CONSENT AND REGULAR AGENDA(NO ITEMS)
3.00 PUBLIC COMMENT(Individual presentations limited to 5 minutes)(NONE)
4.00 CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATOR: CATHI GRAMS,JACK HUGHES& BRIAN RING;
EMPLOYEE ORGANIZATION: CUHW
(This closed session item will be held contemporaneously with the Board of Supervisors closed session)
ADJOURNMENT
Adjourned as the In-Home Supportive Services Public Authority
Board and reconvened as the Butte County Board of Supervisors.
PAGE 13
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/22/2014
CLOSED SESSION
7.01 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 1 CASE: WALNUT
HILL ESTATE ENTERPRISES, LLC v. COUNTY OF BUTTE, ET AL.
US DISTRICT COURT- EASTERN DISTRICT, CASE NO. 14-00640
7.02 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
(This closed session item will be held contemporaneously with the In-Home Supportive Services
closed session)
7.03 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 1 CASE:
COUNTY OF BUTTE v.TRAVELERS CASUALTY&SURETY COMPANY OF AMERICA, ENGINEERED
CONTROL SYSTEMS, INC.; USDC EASTERN DISTRICT CASE NO. 11-0424
7.04 INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(4) - 1 POTENTIAL
CASE.
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
MAY 6, 2014
PAGE 14