HomeMy WebLinkAboutM082812 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-8/28/2012
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 Yamaguchi
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
1216-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
A MEMBER THE BUTTE ENVIRONMENTAL COUNCIL REQUESTED ITEM 3.18(RESOLUTION
IN SUPPORT OF THE NORTH STATE WATER ALLIANCE PRINCIPLES) BE REMOVED FROM THE
CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA.
SUPERVISOR KIRK REQUESTED THE FOLLOWING ITEMS BE REMOVED FROM THE CONSENT
AGENDA FOR DISCUSSION ON THE REGULAR AGENDA: 3.10 (SURPLUS VEHICLE AND
EQUIPMENT AUCTION)AND 3.19 (TECHNICAL ADVISORY COMMITTEE (TAC)APPOINTMENT)
1216-002 CONSENT AGENDA
1. Relief of Accountability - Approval is requested for relief of accountability for one server which was
transferred to surplus without completing the necessary paperwork. The server was sent to Computers
for the Classroom by General Services and subsequently dismantled.The server did not contain any data.
The District Attorney's Office has investigated the loss.
2. Butte County Department of Employment and Social Services (DESS) - The Department of Behavioral
Health (BCDBH) and DESS provide supportive services to children and their families who are affected by
methamphetamine use. This collaborative effort is called the Family Enrichment and Support Team
Project. BCDBH requests approval to amend the Memorandum of Understanding (MOU) with DESS to
increase the fiscal year (FY) 2012-13 funding amount for the Family Enrichment and Support Team
Project. The term of the MOU remains September 30, 2010 through June 30, 2014. The maximum
financial obligation under this MOU shall not exceed $518,754, broken down as follows: $110,401 for FY
2010-11; $132,397 for FY 2011-12; $137,978 for FY 2012-13 (an increase of$9,978); and $137,978 for FY
2013-14.
3. LocumTenens.Com, LLC - LocumTenens is a physician recruiting agency that provides psychiatrists for
placement at commercial and government facilities on a short-term basis. Due to the shortage of
psychiatrists, BCDBH would like to enter into an agreement with LocumTenens to supply a psychiatrist to
work at Chico Adult Outpatient or other BCDBH sites as needed. BCDBH requests approval to enter into
an agreement to cover service hours. The term of the agreement will begin upon date of execution and
will terminate on June 30, 2013. The maximum financial obligation under this agreement shall not
exceed $159,440 (department budget utilizing state and federal Medi-cal).
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/28/2012
4. Superior Court of California, County of Butte - Superior Court of California has received a grant from the
Administrative Office of the Courts for a Collaborative Justice Courts Substance Abuse Focus Program to
be used in conjunction with Butte County's Treatment Court. The Treatment Court Program began in
October 2001 and serves men and women 18 and over who have appeared before the criminal court
with a misdemeanor or felony charge for drug possession, or under the influence charges, and are on
formal probation as a result of their conviction. Clients who successfully complete the program will earn
dismissal of their conviction. Approval is requested for a revenue agreement with the Superior Court of
California which will fund the equivalent of .41 FTE Behavioral Health Counselor for services for the
clients involved in the Treatment Court Program. For the performance of these services Superior Court
agrees to pay BCDBH up to a maximum compensation of $27,516. The term of this MOU is July 1, 2011
through August 31, 2012. This revenue agreement was received late from the Superior Court of Butte
County due to delays caused by the Administrative Office of the Courts' approval of the Collaborative
Justice Court Substance Abuse Focus Grant.
5. Employment Agreement -Tim Snellings, Director of Development Services - request for the approval of
the employment agreement with Tim Snellings, Director of Development Services. The term of the
agreement is October 31, 2012,through October 30, 2015.There is no increase in salary amount.
6. Yuba County Board Of Education Request for Consolidation of Special Election on November 6, 2012 -On
August 13, 2012, the Yuba County Clerk-Recorder submitted a letter and resolution from the Yuba
County Office of Education to the Butte County Clerk-Recorder ordering an election to be held on
November 6, 2012 for the Yuba County Board of Education. A very small portion of one trustee area is
within Butte County. The purpose of this election is to submit a measure to the electors of the Yuba
County Board of Education proposing a reduction in the number of governing board members. California
law allows the Butte County Board of Supervisors to consolidate this election with the statewide general
election ballot to be held on November 6, 2012. The Butte County Clerk-Recorder will perform all duties
necessary to conduct this election, and will submit an invoice to the Yuba County Board of Education
seeking reimbursement for all costs incurred.
7. C.F. Koehnen and Sons Orchards (LCA11-0008) - This item consists of the rescission of an existing
Williamson Act contract, and simultaneous entry into an updated contract affecting the same property.
On September 12, 2011 the Land Conservation (Williamson) Act Advisory Committee reviewed Waiver of
Parcel Map application WAV11-0001 (C.F. Koehnen and Sons) and recommended this application to the
Board of Supervisors as compatible with the Butte County Williamson Act program, subject to: 1)
imposition of residential buffers consistent with County policy; and 2) rescission of the existing contract
(Donald McRae/1978); and 3) execution of a new contract for the subject parcels consistent with a 20-
acre minimum parcel size and the County Williamson Act program. On November 22, 2011, the Board of
Supervisors determined that the proposed parcels are consistent with the County's Williamson Act
program, subject to approval of the Waiver of Parcel Map by the Planning Commission, and subject to
the Williamson Act contract rescission and establishment of a new contract as recommended by the
Williamson Act Advisory Committee. On January 26, 2012, the Planning Commission approved the
Waiver of Parcel Map, subject to finalization of the amended Williamson Act contract. The property
owner has recently completed the application for the Williamson Act contract rescission and new
contract. Staff and the Williamson Act Advisory Committee recommend the rescission of Williamson Act
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/28/2012
contract and new contract (LCA11-0008 - C.F. Koehnen and Sons) as compatible with the County's
Williamson Act program, the Planning Commission approval of WAV11-0001, and the Board's previous
determination that WAV11-0001, the contract rescission, and new contract are compatible with the
Butte County Williamson Act program.
8. Real Estate Fraud Program Report for FY 2011-012 - Pursuant to Government Code §27388, the District
Attorney is to file an annual report with the Board of Supervisors and the State Legislative Analyst's
Office regarding the effectiveness of the Real Estate Fraud Investigation and Prosecution Program.
9. Oroville Government Center Campus Master Plan - Developing the design of the Oroville Government
Center Campus has been a part of the Capital Improvement Program since 2007. The Board approved a
contract with LPA, Inc., on May 24, 2011, to get the project started. The resulting conceptual plans and
design guidelines were reviewed by the Board on June 12, 2012, and staff recommends that the Board
adopt the Plan which will be used as a guide in managing the changing facilities needs of the County in
the future.
10. Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following departments: Behavioral Health, Public
Health, Administration/Risk Management, Probation and Human Resources. These changes will increase
the total allocations in the County by 0.5 full-time equivalents(a 50%position).
Human Resources: The department requests to add the classification of Legal Office Specialist, Senior to
Section 57c, "BCEA-General Unit" of the Salary Ordinance. The salary range for this classification will be
set at Range 30. This classification is being added to provide a senior level opportunity within the Legal
Office Specialist series and to bring the series in line with other clerical classifications.
Behavioral Health: The department is requesting to add one (1) position of Supervisor, Mental Health
Clinician and delete one (1) position of Mental Health Clinician II/I. This change will allow for a smaller
span of supervision for the Oroville Adult Clinic and help increase clinical and administrative supervision.
Additionally,the department is requesting to add one (1) position of Staff Nurse, Senior/Staff Nurse/Staff
Nurse, Associate/Licensed Vocational Nurse/Psychiatric Technician, Senior/Psychiatric Technician and
delete one (1) position of Mental Health Clinician II/I.The Staff Nurse positions are historically difficult to
fill, however, the current recruitment list has many qualified candidates on it. This change will allow the
department to hire a qualified candidate off of the current Staff Nurse recruitment list.
In addition, the department is requesting to increase a fifty percent (50%) Medical Director position to a
full time (100%) position and delete one (1) position of Psychiatrist. In the FY 2012-13 budget, the
department budgeted for a split Medical Director/Psychiatrist (50%/50%) allocation. After further
analysis by the department and Human Resources, it was determined that due to some constraints
related to pay range and benefit calculation, it would be an acceptable solution to fill a single Medical
Director position and delete the Psychiatrist position.
These changes will have no fiscal impact on the County General Fund and will decrease the total
allocations in the department by a fifty percent(50%) position.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/28/2012
Public Health: The department is requesting to delete one (1) position of Public Health Nurse,
Senior/Public Health Nurse/Public Health Nurse, Associate/Staff Nurse, Senior/Staff Nurse/Staff Nurse,
Associate and add one (1) position of Clinic Manager. Due to retirements in the department and the
resulting vacancies,the current Public Health Nurse that oversaw the clinic has now returned to a regular
nursing position. This creates the need for the department to fill the vacated assignment with a Clinic
Manager. This change will have no fiscal impact on the County General Fund and will leave the total
allocations in the department unchanged.
Probation: Concurrent with Human Resources request above, the department is requesting to flexibly
staff four (4) Legal Office Specialist positions to Legal Office Specialist, Senior/Legal Office Specialist. This
change will allow the department flexibility when recruiting and help meet their current and future
needs. This change will increase costs in the department by $9,062 for the fiscal year. This increase in
costs will be covered within the department?s current budget.This change will leave the total allocations
in the department unchanged.
Administration/Risk Management: The Administration department is requesting to add one (1) term
position of Risk Management Analyst, Senior/Risk Management Analyst with a term date of June 30,
2013.This position is being added to backfill for a long-term extended absence. This change will increase
the total allocations in the department by one (1) position and have no impact on the General Fund.
11. Budget Adjustment - The Probation Department received a grant award (accepted by the Board of
Supervisors on June 22, 2010) from the California Emergency Management Agency (Cal EMA), which
administers the Federal Edward Byrne Memorial Block Grant Program. The original award period ran
from March 1, 2010 through February 28, 2012, with an award total of$336,123. In December, 2011,the
award period was extended through September 30, 2012. The funds are used for overtime costs
associated with law enforcement staff involved with the Butte Interagency Narcotics Task Force (BINTF).
$293,568 of the grant award total has been expended through the end of the original award period of
February 28, 2012, with $42,555 left to expend by September 30, 2012. $10,000 of anticipated leftover
was appropriated into Probation's budget via Schedule A during the final budget process for FY 2012-13.
Therefore, $32,555 is required to appropriate and make the project whole. An MOU with the
participating agencies that distributes the remaining funding is included in the staff report.
12. Capital Asset Purchase and Budget Adjustment - Public Works utilizes various dump trucks to spread
road materials for ongoing road maintenance. Dump truck vehicle #135 has recently become too costly
to repair and needs to be replaced. Public Works is requesting approval to purchase a similar dump
truck at an estimated cost of$60,000.
13. Budget Adjustment for County Service Area (CSA) 24 -Chico Mud Creek Drainage- On June 26, 2012,the
Board approved an agreement with Lumos and Associates for the re-certification of the non-urban levees
along Mud Creek. Since the budget authority from the prior fiscal year no longer carries over to the new
fiscal year with the change in the County's encumbrance process, a budget adjustment in the amount of
$98,000 is requested to pay Lumos and Associates for work provided in the current fiscal year. Funds are
available in the CSA 24 fund balance. There is no impact to the General Fund.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/28/2012
14. Budget Adjustment for County Service Area (CSA) 14 - Chapman Neighborhood Lighting - Community
members within CSA 14, in the Chapman area of Chico, have requested that 17 new streetlights be
installed on existing PG&E poles. Public Works has determined that the new lights should be LED instead
of sodium vapor lights. Public Works also recommends that all the mast arms for each new light be six
feet long instead of PG&E's standard length of thirty inches in order to extend the lights over the
roadway. The Board of Supervisors approved this project at the June 12, 2012 meeting. The total cost of
installing new streetlights is $10,787.32 and will be paid from the CSA 14 fund balance. The cost to
convert 33 existing sodium vapor lights to LED and convert 31 mast arms from thirty inches to six foot is
still being negotiated and will be brought back to the Board at a later date.
15. Police Canine Donation - The Sheriff's Office maintains a patrol dog team of five working dogs. In the
past year, two dogs were retired due to age and one dog is a bomb detection dog only. The Sheriff's
Posse received cash donations to purchase a patrol canine for use on the Sheriff's K-9 team. The Sheriff's
Office would like to accept the donated dog and requests the Board of Supervisor recognize the
generous donations of: Recology, Bobby and Darroll Meyer and Norfield Industries of Chico and many
other donors. The total cost to purchase the patrol dog is $7,000. The dog purchased is named Kaya, a
Belgium Malinois.
16. Treasurer's Investment Report -The Treasurer-Tax Collector submits the Monthly Investment Report for
July 31, 2012, in accordance with the Butte County Statement of Investment Policy dated July 1, 2012.
17. Water Advisory Committee (WAC) Appointment- Biggs-West Gridley Sub-inventory Unit - The Basin
Management Objective ordinance (Chapter 33A of the Butte County Code) has provisions regarding the
membership of the WAC and how its members are appointed. The ordinance states that the WAC shall
be appointed by the Board of Supervisors and be comprised of area-specific members with one member
appointed from each defined sub-inventory unit (SIU) within the Sacramento Valley Groundwater Basin
portion of the County. Biggs-West Gridley is one of the 16 sub-inventory units defined in the Butte
County Inventory and Analysis Report (March 2001) and listed in the ordinance. To be considered for
appointment, candidates must reside, own property or have their principle place of business within the
SIU which they would represent, be willing to serve in a voluntary capacity, and be nominated by the
citizens of the SIU.The representative on the WAC for the Biggs-West Gridley SIU is vacant. On August 1,
2012, the Butte County Water Commission voted unanimously to recommend that the Board of
Supervisors appoint Eugene Massa,Jr.to the WAC as the Biggs-West Gridley SIU representative.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEMS 3.18, 3.10 AND 3.19
WHICH WERE REMOVED FOR DISCUSSION ON THE REGULAR AGENDA. (MOTION: YAMAGUCHI:
SECOND:WAHL)
VOTE: Motion APPROVED 5—0
1216-003 Surplus Vehicle and Equipment Auction - Section 12.3.3 of the Butte County Contracts/Purchasing
Policy and Procedure Manual for vehicles and Section 12.4 for capital assets other than vehicles,
requires the Board of Supervisors to declare such items surplus prior to their disposal via auction by
Purchasing. The schedule provided in the staff report contains sixteen vehicles and other capital
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/28/2012
equipment that are no longer serviceable and are no longer needed by various County operating
departments. Staff is requesting the Board declare the listed items as surplus and authorize staff to
auction the items on-line.
SUPERVISOR KIRK REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
MOTION: I MOVE TO DECLARE LISTED VEHICLES AND OTHER CAPITAL ASSETS SURPLUS AND AUTHORIZE THE
PURCHASING AGENT TO AUCTION LISTED ITEMS. (MOTION: KIRK; SECOND:YAMAGUCHI)
VOTE: Motion APPROVED 5—0
1216-004 Resolution in Support of the North State Water Alliance Principles - On April 27, 2012 the North State
Water Alliance (Alliance) submitted a request to the Butte County Board of Supervisors to consider
adopting a resolution to support the Alliance and endorse its principles. The Butte County Water
Commission discussed the issue, and on August 1, 2012, voted 4-1 to recommend that the Board of
Supervisors adopt a resolution supporting the principles of the Alliance. The Water Commission
specifically limited its recommendation to supporting the Alliance principles. The Alliance was formed
through a partnership of northern California cities, counties, water providers, business, and
community groups. Butte County is indirectly a member of the Alliance through its membership in
the Northern California Water Association (NCWA). NCWA is a founding partner of the Alliance. The
resolution will state the County's support for the Alliance's principles. The Alliance principles are
consistent with the positions taken by Butte County on Delta water issues. The resolution would
provide a message of regional unity regarding the protection of area of origin rights, preventing
redirected impacts, participation and sound science. Adoption of the resolution will not commit the
County to any financial support to the Alliance nor have the County formally join the Alliance.
A MEMBER OF THE BUTTE ENVIRONMENTAL COUNCIL REQUESTED THIS ITEM BE REMOVED
FROM THE CONSENT AGENDA FOR DISCUSSION.
PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION, ADDRESSED THE BOARD.
BRICE LUNDBERG ADDRESSED THE BOARD.
MOTION: I MOVE TO DECLINE THE ALLIANCE'S PRINCIPLES (AND NOT ADOPT THE RESOLUTION). (MOTION:
CONNELLY; SECOND: WAHL)
VOTE: Motion carried 3 -2
YEA: Supervisor Wahl, Supervisor Connelly, Supervisor Yamaguchi
NAY: Supervisor Lambert, Supervisor Kirk
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/28/2012
1216-005 9:30 a.m. - Timed Item - United Healthcare - Recently, UnitedHeathcare announced the creation of
115 new jobs at its Chico location. United Healthcare (www.unitedhealthgroup.com) established their
Chico Operations Center in 1998. The center provides customer support for people who are enrolled
in United Heathcare's health benefit plans across the country. Supervisor Wahl attended the event
announcing the company's expansion in July 2012 and requested to have United Healthcare share the
information with the entire Board of Supervisors and the public. Staff from United Healthcare will
provide a presentation with general information on the company, as well as specific information on its
recent employment expansion.
REPRESENTATIVES FROM UNITEDHEALTHCARE PROVIDED A REPORT TO THE BOARD. THIS ITEM
WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN.
1216-006 Technical Advisory Committee (TAC) Appointment - The Groundwater Conservation ordinance
(Chapter 33 of the Butte County Code) has provisions regarding the membership of the TAC and how
its members are appointed. The ordinance defines the TAC as a seven-person committee nominated
by the Butte County Water Commission and appointed by the Board of Supervisors. TAC members
must have substantial expertise in water management or hydrology. A vacancy on the TAC resulted
from the resignation of one of its members, Ed Craddock. On August 1, 2012, the Butte County Water
Commission voted unanimously to recommend that the Board of Supervisors appoint Ian Pietz to the
TAC.
SUPERVISOR KIRK REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
MOTION: I MOVE TO MAKE APPOINTMENT. (MOTION: KIRK; SECOND:YAMAGUCHI)
VOTE: Motion APPROVED 5 -0
1216-007 Boards, Commissions and Committees
1. Appointments to Listed Vacancies (NONE)
2. Board Member or Committee Reports
SUPERVISOR KIRK REPORTED ON ATOUR OF THE NEW BUTTE COLLEGE FACILITY.
SUPERVISOR YAMAGUCHI MADE A REPORT ON THE STATE RESPONSIBILITY AREA(SRA) FEE. HE
PROVIDED RECOMMENDATIONS FROM THE REGIONAL COUNCIL OF RURAL COUNTIES ON HOW
TO OPPOSE THE FEE.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/28/2012
SUPERVISOR YAMAGUCHI REPORTED ON THE SIERRA NEVADA CONSERVANCY'S APPLICATION OF
A GRANT FOR THE CHIPPER PROGRAM FOR THE FIRE SAFE COUNCIL.
1216-008 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
RICHARD PRICE,AGRICULTURAL COMMISSIONER REPORTED ON A NEW INVASIVE PLANT,
WILLOW PRIMROSE THAT CAN NEGATIVELY AFFECT RICE FIELDS.
FIRE CHIEF GEORGE MORRIS PROVIDED AN UPDATE ON THE FIRES IN THE NORTHERN
CALIFORNIA AREA.
DR. LUNDBERG FROM BUTTE COUNTY PUBLIC HEALTH PROVIDED A REPORT ON AIR QUALITY IN
BUTTE COUNTY DUE TO THE LOCAL FIRES.
1216-009 10:00 a.m. -Timed Item - Strategic Plan - Neal Road Recycling and Waste Facility (NRRWF) - Effective
management of the County's NRRWF and waste management programs requires long-term planning
including a strategy for funding capital projects and heavy equipment purchases. Butte County's
waste management programs and the NRRWF are funded by the NRRWF, primarily through NRRWF
gate fees. There is no County General Fund contribution. Staff has developed a proposed Strategic
Plan for NRRWF which includes an analysis of the impact of large capital projects and equipment
replacement on the NRRWF Enterprise Fund balance and potential options for developing a
sustainable revenue model to ensure that an adequate fund balance is maintained to provide for day-
to-day operations of the facility, financial assurance for closure and post-closure maintenance,
household hazardous waste collection disposal, and other County obligations under local, state and
federal law. Staff will present short, mid and long-term objectives, issues and challenges, and
opportunities for increasing revenue required to fund capital projects and heavy equipment
replacement.
BILL MANNEL, MANAGER OF WASTE MANAGEMENT DIVISION PROVIDED A REPORT. THIS ITEM
WAS FOR INFORMATION. THERE WAS NO BOARD DIRECTION GIVEN.
1216-010 Request for County Use Permit Fee Waiver - Handi-Riders of Northern California - Handi-Riders of
Northern California, a non-profit 501(c)(3) organization, has requested that the Board of Supervisors
waive all County fees associated with the relocation of its Therapeutic Riding Center. The estimate of
total County project and permit fees is up to $11,816.40. Handi-Riders will be filing an application for
a Use Permit to relocate its facility to Wade Arena located at 1391 Clark Road (APN 041-150-049). As
part of this process, a review of the project's compatibility with the requirements of the Williamson
Act contract on the property will be required. Handi-Riders has proposed to locate a modular office
on the Clark Road property in the future. The relocation from the its existing operation on Flag Creek
(APN 041-140-072) occurred due to the economic downturn and changes in lease terms, which would
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/28/2012
have negatively impacted its future program growth. Butte County Code section 1-18 allows the
Board of Supervisors to waive fees under certain circumstances. As stated in code: "All or part of any
fee specified in this article may be waived, refunded or transferred to a related application upon order
of the Board of Supervisors, if the applicant is a public entity or non-profit charitable organization..."
The Board previously waived the use permit, building permit and impact fees associated with their
previous use permit (UP 05-06).
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT. THE AMENDED
ESTIMATED AMOUNT OF PROJECT AND PERMIT FEES IS$15,871.30, NOT THE$11,816.40 AS
SHOWN ON THE AGENDA. THE CORRECT AMOUNT WAS LISTED IN THE STAFF REPORT.
THE DIRECTOR OF HANDI-RIDERS PROVIDED A REPORT TO THE BOARD.
MOTION: I MOVE TO FIND THAT IT IS IN THE PUBLIC INTEREST TO APPROVE THE REQUESTED WAIVER OF FEES.
(MOTION: CONNELLY; SECOND:YAMAGUCHI)
VOTE: Motion APPROVED 5 -0
1216-011 PUBLIC COMMENT (each speaker limited to five minutes)
Comments to the Board on issues and items not listed on the agenda. Presentations will be
limited to five minutes. Please note that pursuant to California state law,the Board of
Supervisors is prohibited from taking action on any item not listed on the agenda.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD (NO SPEAKER CARDS
PROVIDED): DAN,THE OWNER OF SCOOTERS BAR; DAVE GILBERT; ED WITH WANDERERS'
MOTORCYCLE CLUB; BRIAN JOJO; BONNIE SALMAN; JAY ALVARADO; RICHARD WARE; BILL
MCPHILLIPS;THOMAS JESS ALLEN; AND RICHARD MARSHALL.
1216-012 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a): 5 CASES:
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO SUPERIOR COURT CASE
NO. 016338;
3. COUNTY OF BUTTE, COUNTY OF PLUMAS v. DEPARTMENT OF WATER RESOURCES,YOLO CO. SUP.
CT CASE NO: CV09-1258;
4. UNIVERSAL LIFE CHURCH, ET AL v. COUNTY OF BUTTE, U.S.D.C. EASTERN DISTRICT COURT CASE
NO. 2:12-CV-02101-JAM-KJN; AND
5. JAMES FIAK v. COUNTY OF BUTTE, WORKERS' COMPENSATION CASE NO. ADJ6778004.
2. INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) -ONE POTENTIAL
CASE: US FOREST SERVICE/PLUMAS NATIONAL FOREST TRAVEL MANAGEMENT PLAN.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/28/2012
3. CONFERENCE WITH LABOR NEGOTIATOR PURSUANTTO 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.
THERE WERE NO ANNOUNCEMENTS FROM CLOSED SESSION.
1216-013 1:00 p.m. - Timed Item - Introduction of County Medical Marijuana Cultivation Ordinance - At its
meeting of June 12, 2012, the Board was informed that the County's medical marijuana cultivation
ordinance (Ordinance No. 4029) was defeated by referendum at the June 5 election. In response to
this information,the Board directed staff to prepare a report on the possible options the Board could
consider in response to the ordinance's defeat. At the meeting of July 31, 2012, staff presented a
Medical Marijuana Cultivation Ordinance Options Report to the Board. Following presentation of
that report, the Board directed staff to develop a new medical marijuana cultivation ordinance based
on the ordinance adopted in Kings County. Submitted is a proposed ordinance regulating medical
marijuana cultivation consistent with State law to protect public health, safety and welfare which
allows only indoor cultivation of medical marijuana. The draft ordinance also proposes that any
cultivation of medical marijuana in violation of its provisions could be declared a misdemeanor
and/or a public nuisance, and could be abated in accordance with the procedures set forth in the
proposed ordinance. The draft ordinance specifically provides that it does not supplant any existing
legal remedies for illegal marijuana cultivation, nor is it intended to interfere with existing authority
of the Butte County Sheriff or District Attorney.
BRUCE ALPERT, COUNTY COUNSEL, AND MIKE RAMSEY, BUTTE COUNTY DISTRICT ATTORNEY
PROVIDED REPORTS.
SHERIFF JERRY SMITH PROVIDED A REPORT AND ANSWERED QUESTIONS FROM THE BOARD.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: RICHARD TOGNOLI; DAN
LEVINE; MIKE FARRELL; MARGUERITE SALDAMAR;TREY_; ANDREW MERKEL; DUNSTON;
WESTON MICKEY; DONNA_;JILL CLARKSON; REVEREND THOMAS WAHL; MATT LARKINS; CHARLES
_; KENNY_; SUE EVANS; KATE_;
THE BOARD DID NOT TAKE FORMAL ACTION ON THIS ITEM. THE CHIEF ADMINISTRATIVE OFFICER,
PAUL HAHN, WAS DIRECTED TO FORM A COMMITTEE TO WORK TOGETHER TO DRAFT A NEW
ORDINANCE. THE BOARD DIRECTED THE COMMITTEE BE COMPOSED OF REPRESENTATIVES FROM
THE DISTRICT ATTORNEY'S OFFICE,THE SHERIFF'S OFFICE, COUNTY COUNSEL, ADMINISTRATION,
AND MEMBERS OF THE PUBLIC ON BOTH SIDES OF THE ISSUE.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/28/2012
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
SEPTEMBER 11, 2012.
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