HomeMy WebLinkAboutM080911BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES
August 9, 2011
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County Supervisors
Bill Connelly, District 1
Larry Wahl, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Kim Yamaguchi, District 5
Paul Hahn, Chief Administrative Officer Bruce Alpert, County Counsel
and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 9, 2011
Called to order at 9:03 a.m. in the Board of Supervisors Room, County Administration Building, 25
County Center Drive, Oroville. Supervisors present: Connelly, Wahl, Kirk, Yamaguchi, and Chair
Lambert. Also present: Paul Hahn, Chief Administrative Officer; Bruce Alpert, County Counsel; and
Kathleen Moghannam, Assistant Clerk of the Board.
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~
1118-001 CONSENT AGENDA
1. Butte County Public Health Department -amendment to the agreement with Butte County
Public Health Department for HIV/AIDS education, prevention and detection services for
substance abuse clients from Butte County Department of Behavioral Health. The amendment
extends the term of the agreement through June 30, 2012 and increases the maximum amount
payable by $23,500 (department budget utilizing federal grant funds) -action requested -
APPROVEAGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health)
2. Prior Year Grants BudEet Appropriations -The Board of Supervisors previously authorized the
Emergency Services Officer to apply for funding and make grant purchases under the Fiscal Year
(FY) 2009 Homeland Security Grant Program (HSGP) and the FY 2010 Interoperable Emergency
Communications Grant Program (ICGP). All grant funds were not expended in the prior fiscal
year and need to be recognized as unanticipated revenue and appropriated for FY 2011/2012 -
action requested -ACCEPT UNANTICIPATED REVENUE AND APPROVE BUDGET ADJUSTMENTS.
(Chief Administrative Office)
3. Budget Adjustment for Community Development Block Grant Disaster Recovery Initiative (CDBG
DRI) Program Activities -request for budget adjustment which appropriates funds for grant
related activities, increases appropriations by $4,467,580 including an increase to General Fund
Contingencies by $23,180, and authorizes a $500,000 cash advance from the General Fund to
the CDBG fund for rehabilitation activities until reimbursement is received -action requested -
APPROVE BUDGET ADJUSTMENTS (4/5 vote required) AND APPROVE CASH ADVANCE FROM
GENERAL FUND OF UP TO $500,000 THROUGH JUNE 30, 2012. (Chief Administrative Office)
4. Griffith & Masuda, A Professional Law Corporation -amendment to the agreement with Griffith
& Masuda, A Professional Law Corporation to retain attorney services -action requested -
APPROVEAGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (County Counsel)
PAGE 1
August 9, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 9, 2011
5. Counseling Solutions, Inc. -agreement with Counseling Solutions for the Supporting Our
Families Transition (SOFT) program to Butte County families in the child welfare system. The
term of the agreement is July 1, 2011 through June 30, 2012 with a maximum amount payable
of $205,008 (department budget utilizing various grant and program funds) -action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Employment and Social Services)
6. Resolution to Amend the Salary Ordinance -The combination of changes listed below will
decrease the total County allocations by two positions. The resolution will amend the salary
ordinance as follows:
Human Resources: The department of Human Resources is requesting to add the classification
of Water Resources Scientist (Class Code 1019) to section 57, reference F of the Salary
Ordinance titled, "Management, Confidential and Supervisory Unit." The salary range for this
classification shall be set at 54 (Biweekly Salary: Step 1-$2,079.57 to Step 7-$2,786.82). This
change was agreed to by both the Human Resources Department and applicable employee
association.
Water & Resource Conservation: In conjunction with the request by Human Resources above,
the department requests to delete one vacant position of Manager, Program Development and
add one position of Water Resources Scientist. This change in classification is necessary to
reflect the department staff priorities that include conducting complex technical water resource
evaluations, preparing water resource analysis and managing special water resource programs.
This change will result in a cost decrease to the department of approximately $10,188 per year.
This change will leave the total allocations in the department unchanged.
District Attorney: The District Attorney's Office is requesting to delete one vacant position of
Supervisor, Deputy District Attorney and add one flexibly staffed position of Deputy District
Attorney IV/III/II/I. This change will allow for more flexibility in recruiting and the reorganization
of the caseload that was handled by the previous incumbent. In addition the office requests to
delete one vacant position of Assistant District Attorney. These changes will decrease the
allocation in budget unit 320-001 from ~0.~~ 80.5 to 79.5 and decrease the total
allocations in the department from Q~.~T 88.5 to 87.5.
Behavioral Health: The Behavioral Health Department is requesting to delete one vacant
position of Psychiatrist. The department has been successful in entering into contract
psychiatric services and no longer need this allocation. These changes will decrease the
allocations in budget unit 541-011 from 289.5 to 288.5 and decrease the total allocations in the
department from 315 to 314 -action requested -ADOPT RESOLUTION NO. 11-083 AND
AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
7. Appointment of Ken Moran as Interim Chief Probation Officer -With the retirement of Chief
Probation Officer John Wardell on August 31, 2011, it is recommended by the Courts and
County Administration that Assistant Chief Probation Officer Ken Morgan be appointed as
interim Chief Probation officer -action requested -APPROVE APPOINTMENT OF KEN MORGAN
AS INTERIM CHIEF PROBATION OFFICER EFFECTIVE SEPTEMBER 1, 2011. (Human Resources)
PAGE 2 August 9, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 9, 2011
8. North Highland -amendment to the agreement with North Highland for interoperable
communications systems planning activities which benefit the eighteen counties that comprise
the Northern Planning Area of California. The amendment extends the term of the agreement
through September 30, 2012 -action requested -APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Information Systems)
9. Resolution AppropriatinE Monies to County Service Area (CSA) 82 - StirlinE City Sewer -request
fora $15,000 loan from the CSA revolving loan fund to CSA 82 in order to provide maintenance
to the aging sewer main. The loan will be paid back utilizing annual supplemental property
assessment service charges from the parcel owners within the County Service Area -action
requested -ADOPT RESOLUTION NO. 11-084 AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE RELATED BUDGET ADJUSTMENT (4/5 vote required). (Public Works)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE CORRECTIONS MADE TO THE HUMAN
RESOURCES ITEM (AS READ INTO THE RECORD BY THE CHIEF ADMINISTRATIVE OFFICER)
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
1118-002 CHAIR LAMBERT INTRODUCED KEN MORGAN, BUTTE COUNTY'S NEW INTERIM CHIEF PROBATION
OFFICER.
REGULAR AGENDA
1118-003 Boards, Commissions and Committees
1. Appointments to Listed Vacancies
MOTION: I MOVE TO APPOINT MARVIN MITCHELL TO THE OROVILLE MOSQUITO ABATEMENT DISTRICT. (TO
FILL VACATED TERM TO END DECEMBER 31, 2011) (3:47)
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
2. Board Member or Committee Reports
SUPERVISOR YAMAGUCHI REPORTED ON A MEETING OF THE FIRE SAFE COUNCIL AT WHICH THE
NEW SRA FEE REGULATIONS (AB29X - BLUMENFIELD) WERE DISCUSSED. HE REQUESTED THAT THE
CHIEF ADMINISTRATIVE OFFICE DRAFT A LETTER TO BE SENT TO THE BOARD OF FORESTRY AND FIRE
PROTECTION OPPOSING THE FEE.
1118-004 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT. (15:14)
PAGE 3
August 9, 2011
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 9, 2011
1118-005 General Plan Follow-Up and Implementation by Director of Development Services
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, PROVIDED A REPORT TO THE BOARD.
(20:50)
MICHELLE DEESE ADDRESSED THE BOARD.
Items Removed from the Consent AEenda for Board Consideration and Action. (NONE)
PUBLIC HEARINGS AND TIMED ITEMS
1118-006 Public HearinE -Community Development Block Grant (CDBG) ProEram Income Reuse Plan
Amendment - Butte County receives Program Income from various previously funded CDBG
activities. The State requires local jurisdictions to adopt a Reuse Plan for the purpose of establishing
guidelines on the policies and procedures for the administration and utilization of Program Income.
The County is required to amend the Reuse Plan to incorporate the CDBG Disaster Recovery Initiative
(DRI) Program. At this time, the State has not completed their review and approval of the proposed
revisions to the Reuse Plan, therefore it is requested that the hearing to consider adoption of
additional amendments to the plan be continued to a future date -action requested -OPEN PUBLIC
HEARING AND CONTINUE TO A FUTURE MEETING. (Administration)
MOTION: I MOVE CONTINUE THIS ITEM TO AUGUST 23, 2011 AT 10:00 A.M.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
REGULAR AGENDA
1118-007 Presentation on the Suspension of Election and Voter ReEistration Related Mandates -The Clerk
Recorder/Registrar of Voters will provide a report regarding the suspension of election and voter
registration related mandates pertaining to the State budget bill (SB) 87 which is an estimated loss of
$250,000 to the general fund - action requested - FOR INFORMATION ONLY. (Clerk-
Recorder/Registrar of Voters)
CANDACE GRUBBS, CLERK-RECORDER/REGISTRAR OF VOTERS PROVIDED A REPORT.
PAGE 4 August 9, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 9, 2011
PUBLIC HEARINGS AND TIMED ITEMS
1118-008 Public HearinE -Interim UrEency Ordinance ProhibitinE the Consumption of Alcohol and Possession
of Alcohol Containers along Specified Reaches of the Sacramento River during the Labor Day Holiday
Weekend -State law requires that both Butte and Glenn counties pass ordinances in order for an
alcohol ban on specified reaches of the Sacramento River during the Labor Day Holiday weekend to
be in full affect, therefore staff recommends this hearing be continued to August 23 in hopes that
Glenn County will pass an ordinance as well -action requested -OPEN PUBLIC HEARING AND
CONTINUE TO THE AUGUST 23, 2011 MEETING. (County Counsel)
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
MOTION: I MOVE TO CONTINUE THIS ITEM TO AUGUST 23, 2011 AT 10:15.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
REGULAR AGENDA
1118-009 Resolution Adopting Pilot Program to Promote Workers' Compensation Coverage of Contractors and
Owner/Builders for Pool and Roofing Permits - On July 26, 2011, a staff report was presented
regarding the impacts local contractor are experiencing due to an "underground economy" of
unlicensed and semi-licensed contractors performing work without permits or undercutting other
contractors by foregoing required Workers' Compensation coverage. The Board of Supervisors
directed staff to prepare a pilot program for pool and roofing permits and permits required for re-
plastering of pools -action requested -ADOPT RESOLUTION NO. 11-085 AND AUTHORIZE THE CHAIR
TO SIGN. (Development Services)
SUPERVISOR CONNELLY RECUSED HIMSELF AND LEFT THE CHAMBERS.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES AND NANCY SPRINGER, ASSISTANT
BUILDING OFFICIAL PROVIDED REPORTS.
MOTION: I MOVE TO ADOPT THE RESOLUTION ADOPTING THE PILOT PROGRAM TO PROMOTE WORKERS'
COMPENSATION COVERAGE OF CONTRACTORS AND OWNER/BUILDERS FOR POOL AND ROOFING
PERMITS WITH THE CHANGE FROM ASIX-MONTH PILOT PROGRAM TO A TWELVE-MONTH PILOT
PROGRAM. (46:09)
M 2
VOTE: 1 NV 2 Y 3 Y 4 Y 5 N (MOTION CARRIED 3-1)
SUPERVISOR CONNELLY RECUSED HIMSELF FROM THIS ITEM. "N V" LISTED ABOUT INDICATES THAT
SUPERVISOR CONNELLY DID NOT VOTE ON THIS ITEM.
PAGE 5 August 9, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 9, 2011
1118-010 Relief from Accountability -approval is requested for relief of accountability in the amount of
$1,432,279.03 for uncollectable client balances from prior Fiscal Years 1988-1989 through 2006-
2007. The Auditor-Controller's office supports this request. The amount requested represents only
0.72% of the average Medi-Cal claims -action requested -APPROVE RELIEF OF ACCOUNTABILITY IN
THE AMOUNT OF $1,432,279.03. (Department of Behavioral Health)
ANNE ROBIN, DIRECTOR OF BEHAVIORAL HEALTH PROVIDED A REPORT.
MOTION: I MOVE TO APPROVE RELIEF OF ACCOUNTABILITY IN THE AMOUNT OF $1,432,279.03.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
1118-011 Budget Adjustments -request for budget adjustment to the Mental Health budget due to changes to
revenues in the State of California's Fiscal Year 2011/2012 budget -action requested -APPROVE
BUDGET ADJUSTMENTS. (4/5 vote required)(Department of Behavioral Health)
ANNE ROBIN, DIRECTOR OF BEHAVIORAL HEALTH PROVIDED A REPORT.
MOTION: I MOVE TO APPROVE THE BUDGET ADJUSTMENTS.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
1118-012 PUBLIC COMMENT (each speaker limited to five minutes)
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: DOUG TEETER, MICHELLE DEESE,
STEPHANIE ROCHEY (1:16:35), ART LEMMER, AND PAULINE.
1118-013 CLOSED SESSION
THE BOARD RECESSED AT APPROXIMATELY 10:32 A.M. TO CLOSED SESSION REGARDING:
PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING
TO GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR
PAGE 6
GOALS, PURSUANT
August 9, 2011
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 9, 2011
ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a): 2 CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO SUPERIOR COURT
CASE NO. 016388.
POTENTIAL LITIGATION PURSUANT TO GOV.CODE SEC. 54956.9(c) - 1 POTENTIAL CASE.
THE BOARD RECONVENED AT APPROXIMATELY 1:08 P.M. FROM CLOSED SESSION. (NO ANNOUNCEMENTS)
PUBLIC HEARINGS AND TIMED ITEMS
1118-014 Timed Item -Reconsideration of the Medical Marijuana Cultivation Ordinance (MMCO) -California
Elections Code Section 9144 requires that the Board of Supervisors reconsider ordinances protested
by petition. The first reading of the MMCO was May 4, 2011, and the Board adopted the ordinance
on May 24, 2011. The effective date of the ordinance would have been June 23, 2011, but a petition
protesting the adoption of the MMCO was filed with the Clerk of the Board of Supervisors on June
22, 2011, and transferred to the County Clerk-Recorder/Registrar of Voters for signature verification.
The County Clerk-Recorder/Registrar of Voters has verified that there are sufficient valid signatures
on the petition, as set forth in the Certification to Referendum Petition, therefore the MMCO is
legally suspended at this time. Pursuant to California Elections Code Section 9145, the Board has the
option of either repealing the ordinance in its entirety or 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 submitting the ordinance to the voters, or at a special election called specifically to
vote on the ordinance at least 88 days after the order. If the ordinance were submitted to the voters,
it would only become effective if a majority of voters voting on the ordinance voted in favor of it -
action requested -
1) REPEAL THE MEDICAL MARIJUANA CULTIVATION ORDINANCE;
OR
2) ORDER THE MEDICAL MARIJUANA CULTIVATION ORDINANCE TO BE SUBMITTED TO THE
VOTERS AT THE JUNE 3, 2012 PRIMARY ELECTION;
OR
3) ORDER THE MEDICAL MARIJUANA CULTIVATION ORDINANCE 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/Registrar of Voters)
BRUCE ALPERT, COUNTY COUNSEL AND PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED
REPORTS.
PUBLIC COMMENT: WENDELL VALENTINE; WESTON MIKEY; ROB MACKENZIE; DANIEL LEVINE;
BENSON (12:10); RICHARD TOGNOLI; JAMIE KERN; WILLIAM HIBBARD; AND CARMEL MORALES.
PAGE 7
August 9, 2011
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 9, 2011
MOTION: I MOVE TO REPEAL THE MEDICAL MARIJUANA CULTIVATION ORDINANCE AND ATTEMPT TO COME
UP WITH ANOTHER ORDINANCE THAT IS LEGALLY DEFENSIBLE AND SUBSTANTIALLY DIFFERENT
FROM THE CURRENT VERSION.
M 2
VOTE: 1 N 2 N 3 Y 4 Y 5 N (MOTION FAILED TO CARRY; 2-3 VOTE)
MOTION: I MOVE TO ORDER THE MEDICAL MARIJUANA CULTIVATION ORDINANCE TO BE SUBMITTED TO THE
VOTERS AT THE JUNE 5, 2012 PRIMARY ELECTION.
M 2
VOTE: 1 Y 2 Y 3 N 4 N 5 Y (MOTION CARRIED 3-2)
ADJOURNMENT:
THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD
THE MEETING WAS ADJOURNED AT 1:38 P.M. AND WILL
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, AUGUST 23, 2011 AT 9:00 A.M.
STEVE LAMBERT, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
PAGE 8
August 9, 2011