HomeMy WebLinkAboutM091013 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/10/2013
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.
1316-001 CONSENT AGENDA
1. Agreement with California Department of Food and Agriculture - Fiscal Year 2013-14 Exotic Pest
Detection - The Exotic Pest Detection Trapping agreement is a long-standing contract. The agreement
for FY 2013-14, in the amount of $78,205, is for placing and servicing traps for the detection of exotic
pests, which are considered hazardous to agriculture and to the economy of California. Those insects
may include, but are not limited to, Mediterranean Fruit Fly, Oriental Fruit Fly, Melon Fly, Gypsy Moth,
Japanese Beetle, and other invasive exotic pests. This agreement includes delimitation work associated
with the detection of one or more life stages of the above target pests in the County. The term of the
agreement is July 1, 2013 to June 30, 2014.
2. Adoption of Tax Rates for Fiscal Year 2013-14 - In accordance with Government Code Section 29100,
State law requires the Board of Supervisors to adopt rates of taxes on the Secured Roll not later than
October 3 of each year. The resolution included in the staff report approves tax rates in the County of
Butte for Fiscal Year(FY) 2013-14.
3. County Service Area (CSA) and Permanent Road Division Charges for Fiscal Year 2013-14 - In accordance
with Government Code Section 25215.5, the Board of Supervisors must approve per parcel charges and
adopt a resolution confirming CSA and Permanent Road Division per parcel charges in the County of
Butte for FY 2013-14 as shown in Exhibit A to the resolution. Based upon prior requests from the Board
of Supervisors, Exhibit B includes per parcel charges by District.
4. Informational Notice for Agreement with Department of Health Care Services (DHCS) and Mental Health
Services Oversight and Accountability Commission (MHSOAC) -The Mental Health Services Act (MHSA),
or Proposition 63, was passed in November 2004 and imposes a 1% income tax on personal incomes
exceeding one million dollars. The MHSA increases funding, personnel, and resources for community
inspired mental health programs and statewide goals for children, transition age youth, adults, older
adults, and families. The purpose of the MHSA is to assist in redesigning and expanding California's
mental health system.The components are designed to build a recovery model infrastructure within the
Butte County Department of Behavioral Health (BCDBH), and to enhance treatment opportunities for
Butte County residents.The MHSA FY 2013-14 Update to the Program and Expenditure Plan is an annual
program and fiscal update on the County's MHSA component plans. BCDBH's update to the MHSA plan
was presented to stakeholders for input through a variety of community forums. The plan update was
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/10/2013
also posted for the required 30-day review and comment, followed by a public hearing at a Behavioral
Health Board (BHB) meeting. After revisions, the BHB recommended moving this item to the BOS to
accept for submission to DHCS and MHSOAC.
5. Registry of Physician Specialists - Registry of Physician Specialists (RPS) is a California based locum
tenens medical corporation that was created in 1988, and provides primary care, specialty medical and
mental health practitioners to primary care facilities, community clinics, hospitals, nursing centers and
corrections facilities throughout the United States. Approval is requested for an agreement with RPS for
psychiatric services. RPS was one of several successful candidates of Behavioral Health's Request for
Qualifications for psychiatric services. The financial obligation under this agreement shall not exceed
$250,000. The term of the agreement will begin upon date of execution and will terminate on June 30,
2014.
6. Appointment to Community Action Agency (CAA) of Butte County, Inc. - Supervisor Kirk nominates
Michelle Porter as District 3 representative to CAA.
7. Resolutions to Thank Community Volunteers for Assistance During the Swedes Fire - Butte County
would like to acknowledge and thank the Oroville Church of the Nazarene, North Valley Animal Disaster
Group, Camelot Equestrian Park and the American Red Cross of Northeastern California Chapter for
their invaluable assistance to the citizens and animals of Butte County during the Swedes Fire.
8. Agency Response to Grand Jury - To comply with Penal Code Sections 933 and 933.05, staff has
prepared a draft Board of Supervisors response to the findings and recommendations contained in the
2012-13 Grand Jury Final Report. Also contained are the responses department heads prepared for the
Presiding Judge of the Butte County Superior Court. Attachment A of the staff report contains copies of
Elected Department Head responses, and Attachment B contains copies of Appointed Department Head
responses. It is requested that the Board approve the response for submittal to the Presiding Judge.
Alternatively, the Board can direct staff to make specified changes to the draft response, and a revised
response can be submitted to the Presiding Judge.
9. Exhibit 7 to the Master Subrecipient Agreement with Regional Housing Authority of Sutter and Nevada
Counties for Housing Rehabilitation - The State Housing and Community Development Department
(HCD) allows jurisdictions to enter into Subrecipient Agreements to execute HCD funded activities on
the jurisdiction's behalf. A Subrecipient, per HCD, is a governmental non-profit, private non-profit, or
private for-profit agency, which meet certain State guidelines. On September 1, 2007, Butte County
entered into a Master Subrecipient Agreement with the Regional Housing Authority of Sutter and
Nevada Counties (Housing Authority)to administer the County's Housing Rehabilitation program, which
serves low-income households in the unincorporated areas of the County. The County's Housing
Rehabilitation Program is funded through existing housing rehabilitation loan payments, housing
rehabilitation loan payoffs, and grant funds when available. Exhibit 7 to the Master Subrecipient
agreement between the County of Butte and the Housing Authority recommends continuing to utilize
the Housing Authority as our housing rehabilitation consultant through June 30, 2014. It is anticipated
that during this term no more than $120,000 in loans will be executed utilizing CDBG Program Income.
The administrative fee to be paid to the Housing Authority for their services will total 25% of the
executed loan value or$30,000.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/10/2013
10. Various Special Districts - Appointment of Nominees in Lieu of Election - Under provisions of the
Uniform District Election Law, California Elections Code section 10500 et al. requires that a General
District Election be held on November 5, 2013, for the purpose of electing Directors to various special
district boards,whose term of office expire on December 6, 2013. An election is held when the number
of qualified candidates exceeds the number of positions that have terms expiring, or when a petition is
filed requesting that an election be held (no petition was filed). In the districts where candidate(s) filed
a declaration of candidacy for an office that did not exceed the number of positions to be filled,
California Elections Code section 10515 (a), provides that the Board of Supervisors appoint the
nominees who filed, rather than requiring an election. Nominees who are appointed will take office at
noon on December 6, 2013 for the new term and serve exactly as if elected. The County Clerk-
Recorder/Registrar of Voters submits the attached Certificate of Facts-Exhibit A, and requests that the
Board appoint the nominees as listed. After the appointment is made, the County Clerk-
Recorder/Registrar of Voters will issue the Certificate of Appointment In Lieu of Election and Oath of
Office to each appointee.
11. Real Estate Fraud Report for Fiscal Year 2012-13 - 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.
12. Memorandum of Understanding (MOU) with the Butte County In-Home Supportive Services Public
Authority (IHSS PA) - Approval is requested for an MOU with the Butte County IHSS PA for compliance
with additional enrollment requirements for all IHSS providers. These requirements were implemented
with the adoption of the California State Budget Act of 2009. Pursuant to State law, new provider
applicants must provide fingerprints, submit to a criminal background check by the California
Department of Justice and participate in an enrollment orientation regarding IHSS rules and regulations.
The term of the MOU is July 1, 2013 through June 30, 2014 with a maximum payable amount not-to-
exceed $45,000.
13. Surplus Vehicle and Equipment Auction - Prior to auctioning for sale County assets that are no longer
serviceable and no longer needed, Section 12.3.3. (Vehicles) and Section 12.4. (Capital Assets other than
Vehicles) of the Butte County Contracts/Purchasing Policy and Procedure Manual require the Board of
Supervisors to declare such equipment surplus. Staff recommends that the Board declare the items
listed in the staff report as surplus and authorize the County Purchasing Agent to auction the items.
14. Award of Contract to Construct the County of Butte, Oroville Park and Ride Lot - The County of Butte,
Oroville Park and Ride lot project will construct two parking lots on County owned property adjacent to
the Oroville Veterans Memorial Hall. This project includes storm drainage improvements, 29 regular
parking stalls, four (4) accessible parking stalls, landscaping, lighting, bike racks, bike lockers, and other
amenities. The Invitation For Bid was published in accordance with Public Contract Code and Federal
requirements and included publication on the Public Purchase website providing for electronic
notification to a wide range of contractors and contractor's exchanges. The Engineer's estimate for this
project totaled $466,000 and a total of four (4) bids were received ranging from a low of$387,776.11 to
a high of $573,573. Staff recommends the Board approve the plans and specifications and award the
contract in the amount of $387,766.11 to R.J. Heuton Construction of Chico, the lowest responsible
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/10/2013
bidder. Full hard-copy plans and specifications are available for review at the General Services facility
located at 2081 2nd Street in Oroville. This is a federally funded project and no additional appropriation
is required.
15. The Hignell Companies - On behalf of the County of Butte, the Hignell Companies became the property
manager of the Southside Oroville Community Center (SOCC) on March 1, 2012. The agreement called
for General Services to pay Pacific Gas & Electric (PG&E) charges for three months and for the property
manager, on behalf of the County, to pay subsequent PG&E charges out of facility rental revenue.
However, with insufficient revenue, Amendment 1 dated October 5, 2012, and Amendment 2 dated
March 26, 2013, were executed, and General Services continued to pay the PG&E charges. Net income
for FY 2012-2013 is approximately$1,361.80 and staff recommends the approval of Amendment 3 with
no end date, utilizing the General Services operating budget for payment of PG&E charges. The average
PG&E cost associated with the SOCC is approximately $3,700 per month and no additional
appropriation is required.
16. Adoption of 2013-14 Fiscal Year Salary Ordinance -The Department of Human Resources has prepared
the Salary Ordinance for FY 2013-14, which includes details on allocated positions, and the salary plans
for classified positions and elected and appointed officials. The effective date of the ordinance is
September 10, 2013. Further details of the proposed ordinance are included in the staff report.
17. Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the Behavioral Health Department. All of the following
changes will increase the total allocations in the department by two (2) positions and have no fiscal
impact on the County General Fund:Behavioral Health: The Behavioral Health Department is requesting
the following changes in Budget Unit 541-011: 1) delete one vacant position of Office Specialist,
Senior/Office Specialist/Office Assistant; 2) add one position of Medical Records Technician,
Senior/Medical Records Technician; 3) delete one vacant position of Behavioral Health Counselor
II/Behavioral Health Counselor/Behavioral Health Worker; 4) add two Behavioral Health Clinician III/11/1
positions, one to be effective January 4, 2014; 5) delete one vacant position of Manager, Program
Development; and 6) add one position of Program Manager, Clinical Services.These changes will allow
the department to standardize their support staff position in the Clinics and fill the need for Clinicians in
the Oroville Youth Services clinic to assist with assessments and the Quality Assurance Unit to assist
with utilization review, contract monitoring, etc. The addition of the Program Manager, Clinical Services
is needed to provide additional clinical oversight and management of the Inpatient Unit. While the
funding for these positions are within the current budget, the department expects to cover any
increased costs in future years with additional Short Doyle Medi-Cal and Utilization Review funding
generated by the Affordable Care Act. In addition, the department is requesting to add one position of
Program Manager, Clinical Services to Budget Unit 541-012. This position is needed to provide clinical
oversight in the Department's Treatment Drug Programs and the Mental Health Services Act (MHSA)
Program. This position will be funded by an increase in Drug Medi-Cal funding generated by the
Affordable Care Act which will be addressed on a separate budget adjustment.
18. Resolution to Proclaim The Yellow Birds as the Book in Common for the County of Butte in 2013-14 -
Since 2000, California State University, Chico has sponsored a Book in Common program to engage its
students in reading, intellectual engagement, and community dialogue. For 2013-14, Butte County
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/10/2013
Library and other community partners are collaborating with the University to expand the program
throughout Butte County. The 2013-14 selection The Yellow Birds by Kevin Powers is a novel of a
soldier's experiences in Iraq based on the author's experiences in the war.
19. Library Advisory Board Annual Report - Each year, the Library Advisory Board prepares an informational
report on the state of the Library during the past year for the Board of Supervisors. Submitted for
information is the 2012 Library Advisory Board report.
20. Redwood Toxicology Laboratory - Recently, the Probation Department completed a competitive bid
process for drug testing services. In reviewing the results, it was determined Redwood Toxicology
Laboratory is the best alternative to meet the needs of the department. Approval is requested for a
contract with Redwood Toxicology Laboratory for the provision of laboratory drug testing services. The
term of the contract is July 1, 2013 through June 30, 2016, and the contract maximum is $330,000
($110,000 per year).
21. Agreement with California Department of Public Health (CDPH) - The Butte County Department of
Public Health request approval of an agreement between the CDPH and the County of Butte to provide
funding for Butte County's Public Health Emergency Preparedness, Pandemic Influenza and Hospital
Preparedness programs. The term of the agreement is July 1, 2013 through June 30, 2014 with a
maximum amount payable of$472,848 (department budget utilizing State and Federal grant funds).
22. State of California Office of Traffic Safety (OTS) Grant Agreement No. OP1407 - Approval is requested
for a revenue agreement with OTS for an education campaign targeted to parents and guardians of
children 0-8 years old who are at risk for injury or death from motor vehicle crashes. The "Kids in Safe
Seats" program will provide parents and guardians with research based information on child passenger
safety, car seat laws, and safety equipment innovations through car seat classes, community
presentations, and car seat fitting stations. The term of the agreement is October 1, 2013 through
September 30, 2014 with a maximum amount receivable of $79,800. Public Health requests that
$22,895 in additional revenue be recognized and appropriated within its FY 2013-14 budget bringing the
total appropriation for this program this fiscal year to $49,108.The remainder of the grant funds will be
budgeted for use in FY 2014-15.
23. Budget Adjustments for Various County Service Areas - After the adoption of the FY 2013-14 Budget,
staff from the Public Works and Public Health Departments found a need to adjust budgets of several
County Service Areas. These adjustments allow the departments to account for minor changes in
unanticipated expenditures and revenues. These are routine budget adjustments that occur during the
course of a fiscal year.
24. Lincoln Blvd Sidewalk Improvement Project - County Project No. 18491-2010-1, Federal Project No.
HSIPL-5912(087) - It is requested that the Board of Supervisors adopt a resolution authorizing the
Director of Public Works to negotiate and enter into agreements for the acquisition of real property,
temporary construction easements, and permits to enter and construct improvements for the Lincoln
Boulevard Sidewalk Improvement Project from 100 feet south of Arnold Avenue to 50 feet north of
Idora Street in Oroville. The proposed project includes constructing curb, gutter, sidewalk, and
pavement tie-in improvements along the east side of Lincoln Boulevard along with flashing pedestrian
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/10/2013
crossings, driver feedback signs, driveway and back of walk conforms, related drainage system
improvements, hot mix asphalt pavement overlay, and replacement traffic striping. Most of the
construction work will take place in the existing right-of-way with a majority of the newly acquired
rights-of-way or temporary construction easements being necessary for driveway conforms, grading
conforms, and utility relocations, as applicable. On April 9, 2013, the Board of Supervisors authorized
the Director of Public Works to enter into a blanket purchase agreement with Bender Rosenthal
Incorporated (BRI) for right-of-way acquisition consulting services. The Board also authorized the
Director to execute Task Order No. 1 at a not-to-exceed amount of $304,400 for acquisition services
related to the Lincoln Boulevard Sidewalk Improvement Project.
25. CSU Chico Research Foundation - On behalf of the Sheriff's Office, County Counsel contracts with CSU
Chico Research Foundation for the services of legal research assistants located in the jail law library and
available to jail inmates. The FY 2012-13 agreement with CSU Chico Research Foundation had a
maximum amount payable of $38,514. The total contract costs for FY 2012-13 were $39,934, thus
$1,420 more than the contract term. Sheriff requests to amend the FY 2012-13 agreement in order to
pay the remaining balance of$1,420 for legal research assistants services rendered.
26. Employment Development Department (EDD) -The Treasurer-Tax Collector Department is renewing its
contract with EDD to obtain wage and employment verification data used in the pursuit and collection
of delinquent court fines and fees through the wage garnishment process. These services are crucial to
the revenue generation efforts of the Central Collections Division. The three-year contract, from July 1,
2013 to June 30, 2016, provides for a maximum expenditure of $5,969.40. In addition to the Board's
approval of the contract, EDD requires that the department submit a resolution, order, motion, or
ordinance approved by the local governing body to enter into the contract. A minute order from the
Clerk of the Board will meet the requirement.
27. Drought Task Force Report - In 2004, Butte County adopted the Drought Preparedness and Mitigation
Plan (Resolution 04-200). A key element of the Plan was the creation of the Drought Task Force (DTF).
The charge of the Drought Task Force is to monitor hydrologic conditions throughout the water year
and report the findings to the Water Commission and the Board of Supervisors biannually, quarterly, or
monthly as needed. Since Butte County and much of California experienced a record dry January
through May 2013, the DTF met in the spring to discuss local conditions. The DTF met on June 17, 2013
to review hydrologic conditions and drought related issues. The DTF reviewed data on snow-pack,
reservoir levels, stream flow, precipitation, climatic conditions, and groundwater levels. Spring 2013
groundwater levels dropped up to eight feet in monitored wells across the County compared to 2012. A
number of wells moved from an alert 1 level to alert 2 indicating new historical low conditions in some
areas. In June 2013, Butte County had not been declared a drought county by the USDA. However,
Butte County and all of California received a drought designation as of August 21, 2013. The DTF
decided to hold its next meeting in the Fall. The Butte County Water Commission received the DTF
status report at their August 7, 2013 meeting. The DTF Status Report is presented for informational
purposes.
28. Resolution Recognizing September 2013 as Prostate Cancer Awareness Month.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/10/2013
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. (MOTION: KIRK; SECOND:TEETER)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA
1316-002 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 KIRK REPORTED ON A MEETING OF THE CSAC BOARD OF DIRECTORS.
SUPERVISOR LAMBERT SPOKE ON A MEETING OF THE CALIFORNIA AIR RESOURCES BOARD.
SUPERVISOR TEETER REPORTED THAT HE ATTENDED THE EVENT TO UNVEIL THE WATER DISPLAY
AT THE GATEWAY MUSEUM IN CHICO.
SUPERVISOR CONNELLY REPORTED ON A MEETING ATTHE STATE REGARDING ILLEGAL GRADING
AND POLLUTION. HE REQUESTED THAT STAFF START THE GROUNDWORK TO BEGIN LOOKING AT
A REVISED MARIJUANA CULTIVATION ORDINANCE. PAUL HAHN REPORTED THAT HE WILL BRING
BACK A PLAN IN MID OCTOBER.
SUPERVISOR CONNELLY ALSO REQUESTED STAFF LOOK INTO ATURN AROUND IN THE MEYERS
STREET AREA IN OROVILLE.
1316-003 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
PUBLIC HEARINGS AND TIMED ITEMS
1316-004 9:30 a.m. - Continued Public Hearing - Butte County Zoning Ordinance and Map Amendments -At
this public hearing,the Board of Supervisors will consider for approval two items continued from the
August 27, 2013 public hearing held on the Zoning Ordinance and Map Amendments including: 1)
Article 6 - Residential Zones - Changes in the Butte Valley area to include new Rural Country
Residential and Foothill Country Residential zones in place of the previous Rural Residential and
Foothill Residential zones on the Zoning Map and new requirements for Heavy Equipment Storage;
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/10/2013
and 2) Article 42 - Glossary - Including various definitions and uses for Firewood Storage, Processing
and Sales. Additionally, the Board will be following-up on motions of intent to approve nine other
items summarized as follows: 1) Article 7 - Commercial and Mixed Use Zones - Changes to permit
processes for preexisting vacation in the Jonesville area; 2) Article 7 - Commercial and Mixed Use
Zones -Amending the Mixed Use Zone to allow the "Commercial Recreation, Outdoor" use; 3) Article
10 - Section 24-40 Recreation Commercial Overlay Zone - Amending the Recreation Commercial
Overlay Zone's application; 4) Article 18 - Clustered Development - Reduction of open space
requirements from 50 to 40 percent; 5) Article 25 - Section 24-157 - Alternative Energy Structures -
Changes concerning height, setback and type; 6) Article 30 - Site Development Permits - Deletion of
Article 30; 7) Minor Amendments concerning Butte County Code Section 41A - Noise Control; 8)
Minor Amendments to the Zoning Ordinance; and, 9) Minor Map Corrections.An Addendum to the
previously Certified General Plan 2030 Environmental Impact Report (EIR) and Supplemental EIR has
been prepared for this project consistent with the requirements of the California Environmental
Quality Act.
SUPERVISOR CONNELLY REPORTED THAT HE VIEWED THE ENTIRE AUGUST 27, 2013 BOARD OF
SUPERVISORS MEETING.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, PROVIDED A REPORT. DAN BREEDON,
PLANNER WITH DEVELOPMENT SERVICES, ADDRESSED THE BOARD.
PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION ANSWERED A QUESTION
FROM SUPERVISOR TEETER.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: TANYA DUNLAP; LISA CREAMER
O'DONNELL;JOHN LANG; PAT PETERSON; CHRIS ROCK; DANIELLE HORN;TIM LEAFELD; GENE
PINELL; GEORGIA BOURNEY; RICHARD ? LUCY COOKE; GERALD WRIGHT; GARY MIDDLETON;
JOHN RITTEN;JOHN SCOTT; SUE SCOTT; AND ANDREW MERKEL.
MOTION: I MOVE TO NOT APPROVE THE AMENDMENTS TO THE ZONING ORDINANCE. (MOTION: WAHL;
MOTION FAILED TO CARRY FOR LACK OF SECOND)
MOTION: I MOVE TO ACCEPT THE AMENDMENTS AS WRITTEN EXCEPT CHANGE THE USES I MENTIONED
EARLIER TO WHAT THEY ARE IN THE RR AND FR ZONES. (THE FOLLOWING ARE THE USES
MENTIONED: LARGE DAY CARE FACILITIES, CLUBS, LODGES AND PRIVATE MEETING HALLS,
COMMUNITY CENTERS, GOLF COURSES AND COUNTRY CLUBS, MEDICAL OFFICES AND CLINICS,
PARKS AND RECREATION FACILITIES, PUBLIC SAFETY FACILITIES, RELIGIOUS FACILITIES, SCHOOLS -
PUBLIC AND PRIVATE, BED AND BREAKFASTS, AND PERSONAL SERVICES SUCH AS LIGHT RETAIL)
(MOTION:TEETER; MOTION FAILED TO CARRY FOR LACK OF SECOND)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/10/2013
MOTION: I MOVE TO CHANGE THE AMENDMENTS TO RCR AND FCR AS RECOMMENDED WITH ALL OF THE
ANCILLARY USES THAT ARE NOT PERMITTED CAN COME WITH A CONDITIONAL AND MINOR USE
PERMIT AS REFLECTED IN THE RR AND FR USE TABLES; AND TO THE MAKE THE FOLLOWING
AMENDMENTS TO SECTION 24-173.2 - REPLACING SECTION D AS FOLLOWS:
SECTION D. PERMITS REQUIRED:
1A. FOR PARCELS LESS THAN OR EQUAL TO TEN ACRES, THE STORAGE OF UP TO TWO PIECES OF
HEAVY EQUIPMENT IN CONJUNCTION WITH A PRIMARY RESIDENCE IS A PERMITTED USE;
2A. FOR PARCELS LESS THAN OR EQUAL TO TEN ACRES, THE STORAGE OF MORE THAN TWO PIECES
OF HEAVY EQUIPMENT IN CONJUNCTION WITH A PRIMARY RESIDENCE REQUIRES A MINOR USE
PERMIT;
113. FOR PARCELS GREATER THAN TEN ACRES, THE STORAGE OF UP TO FOUR PIECES OF HEAVY
EQUIPMENT IN CONJUNCTION WITH A PRIMARY RESIDENCE IS A PERMITTED USE.
2B. FOR PARCELS GREATER THAN TEN ACRES, THE STORAGE OF MORE THAN FOUR PIECES OF HEAVY
EQUIPMENT IN CONJUNCTION WITH A PRIMARY RESIDENCE REQUIRES A MINOR USE PERMIT.
(MOTION: KIRK; SECOND:TEETER)
VOTE: Motion carried 3 -2
YEA: Supervisor Teeter, Supervisor Kirk, Supervisor Connelly
NAY: Supervisor Wahl, Supervisor Lambert
MOTION: I MOVE TO:
1)APPROVE THE AMENDMENTS TO THE ZONING ORDINANCE AS SET FORTH UNDER THE ORDINANCE
INCLUDED IN THE STAFF REPORT, ATTACHMENT A, (AS MODIFIED BY THE CHANGES PROVIDED
UNDER ATTACHMENT C OF THIS AGENDA REPORT AND THE AMENDMENTS MADE AT THE MEETING
TODAY AND PERTAINING TO THE EIR ADDENDUM ); AND
2) ADOPT RESOLUTION APPROVING THE EIR ADDENDUM (ATTACHMENT B) TO THE GENERAL PLAN
2030 EIR AND SUPPLEMENTAL EIR FOR THE ZONING ORDINANCE AMENDMENTS PREPARED IN
ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) INCLUDING THE
CHANGES MADE TODAY. (MOTION:TEETER; SECOND: KIRK)
VOTE: Motion carried 4- 1
YEA: Supervisor Lambert, Supervisor Connelly, Supervisor Kirk, Supervisor Teeter
NAY: Supervisor Wahl
*Clerk's note: The above vote reflects the final vote for the ordinance in its entirety. During the course of the
public hearing and prior to the final vote, the Board took formal votes to approve the proposed amendments
for two sections: Article 6 - Residential Zones (#1 above) and Article 42 — Glossary (#8 above). Supervisors
Lambert and Wahl dissented on the vote for the proposed amendments to Article 6 — Residential Zones.
Supervisor Wahl dissented on the vote for the proposed amendments to Article 42—Glossary.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/10/2013
SHARON MIZE ADDRESSED THE BOARD ON THE FIREWOOD ISSUE.
MOTION: I MOVE TO ADOPT SECTION 24-304. (MOTION:TEETER; SECOND: KIRK)
VOTE: Motion carried 4- 1
YEA: Supervisor Lambert, Supervisor Connelly, Supervisor Kirk, Supervisor Teeter
NAY: Supervisor Wahl
1316-005 Resolution in Recognition and Support of the South Feather Water and Power Agency and the
Oroville Economic Alliance - The South Feather Water and Power Agency (SWFPA) Board recently
approved the allocation of funds toward activities in support of recruitment, branding, and
marketing of the Greater Oroville Area. In order to carry out these tasks in a collaborative manner,
SFWPA took the lead in forming the Oroville Economic Alliance (the Alliance). The Alliance is a group
of voluntary private and public partners that will work to support the concept of economic growth
through recruitment, branding, and marketing specific to the manufacturing industry in the Greater
Oroville Area. When forming the Alliance, the SFWPA contacted the following organizations: Butte
County, City of Oroville, Oroville Chamber of Commerce, and the Oroville Economic Development
Corporation. Although there is no formal structure to the Alliance, the SFWPA is interested in a
resolution from each agency committing their non-financial support to the Alliance. Actions in
support of growth of the manufacturing industry through recruitment, branding and marketing are
consistent with the Butte County Regional Economic Development Strategy.
JENNIFER MACARTHY, MANGER OF ECONOMIC AND COMMUNITY DEVELOPMENT, PROVIDED A
REPORT.
MIKE GLAZE PROVIDED A REPORT.
MOTION: I MOVE TO ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: TEETER;
SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
1316-006 PERS Post-Retirement Employment Exemption - The California Public Employees' (PERS) Pension
Reform Act of 2013 requires newly retired persons to "sit out" for at least 180 days before returning
to work for an employer in the same retirement system in which they receive a retirement allowance.
It also provides an exemption to this rule with governing body approval in a properly noticed public
meeting on a regular agenda calendar (Section 7522.56 (f)(1) Government Code). The Women, Infants
and Children (WIC) Program Manager is retiring effective September 27, 2013. It will not be possible
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/10/2013
to replace this position before WIC is scheduled for a federal audit by the U.S. Department of
Agriculture in October. The WIC Program Manager has a very specialized knowledge that will be key
during the federal audit. This position will be scheduled lightly, except during the audit, until a new
Program Manager can be hired.
CATHY RAEVSKY, DIRECTOR OF PUBLIC HEALTH, PROVIDED A REPORT.
MOTION: I MOVE TO APPROVE THE PERS POST-RETIREMENT EXEMPTION PURSUANT TO SECTION 7522.56 OF
THE GOVERNMENT CODE. (MOTION: KIRK; SECOND:TEETER)
VOTE: Motion APPROVED 5 -0
1316-007 United Public Employees of California, Local 792 Unit Modification Appeal - United Public Employees
of California, Local 792 (UPEC), has filed an appeal of the Human Resource Director/Employee
Relations Officers' determination regarding the petition filed by UPEC to create a separate "Public
Works" or"Skilled Trades" bargaining unit.The Human Resource Director/Employee Relations Officer
has denied this petition, and UPEC has requested this matter be brought before the Board of
Supervisors for a final determination.
BRIAN RING, HUMAN RESOURCES DIRECTOR, PROVIDED A REPORT.
CHRIS DARKER AND RYAN BRUIN FROM UPEC PROVIDED A REPORTTO THE BOARD.
SUPERVISOR CONNELLY REPORTED EX PARTE COMMUNICATION.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: GEORGE SNODGRASS; MATTHEW
BRANDT; RUDYJENKINS;JOHN MORELLI; STU CHASE; CURTIS.
MOTION: I MOVE TO DENY THE PETITION TO CREATE A SEPARATE PUBLIC WORKS OR SKILLED TRADE UNIT
BARGAINING UNIT AND UPHOLD THE HUMAN RESOURCE DIRECTOR/EMPLOYEE RELATIONS OFFICER'S
DENIAL OF THE PETITION FILED BY UPEC. (MOTION:WAHL; SECOND: LAMBERT)
VOTE: Motion carried 4- 1
YEA: Supervisor Lambert, Supervisor Wahl, Supervisor Kirk, Supervisor Teeter
NAY: Supervisor Connelly
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/10/2013
1316-008 Status Report on the Implementation of the Butte County Regional Economic Development Strategy -
Butte County General Plan 2030, adopted by the Board of Supervisors on October 26, 2010, included
an Economic Development Element. The Element details the goals, objectives, and action items
associated with economic development planning over the next twenty years. Action Items ED.A1.1
calls for the creation of a countywide Economic Development Strategy that identifies key sectors and
sites for business expansions and programs to achieve that expansion.To support this action item, on
January 25, 2011 the Board of Supervisors approved the Butte County Regional Economic
Development Strategy. The strategy provides a three year program of work based around key
initiatives including: 1) grow existing businesses; 2) ensure Butte County is a competitive location for
new investment; 3) create a sustainable reputation for the county; and 4) improve the coordination of
regional economic development resources and efforts. Per the Board's request, staff is providing a
status report of the implementation of the Butte County Regional Economic Development Strategy.
JENNIFER MACARTHY, MANAGER OF ECONOMIC AND COMMUNITY DEVELOPMENT, PROVIDED
A REPORT. THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN.
1316-009 PUBLIC COMMENT (each speaker limited to five minutes)
PAUL CARNER ADDRESSED THE BOARD.
RECESS
Recessed as the Butte County Board of Supervisors and convened as the
In-Home Supportive Services Public Authority Board.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/10/2013
IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD
SEPTEMBER 10, 2013
MINUTES
CALL TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
Members present: Connelly, Wahl, Kirk, Lambert and Teeter
1307-001 CONSENT AGENDA
1. Memorandum of Understanding (MOU) with the Department of Employment and Social Services (DESS) -
Approval is requested for an MOU with DESS for compliance with enrollment requirements for all IHSS
providers.These requirements were implemented with the adoption of the California State Budget Act of
2009. Pursuant to State law, new provider applicants must provide fingerprints, submit to a criminal
background check by the California Department of Justice and participate in an enrollment orientation
regarding IHSS rules and regulations. The term of the MOU will be July 1, 2013 through June 30, 2014,
with a maximum receivable amount not to exceed $45,000.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA (MOTION: KIRK; SECOND:TEETER)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA (No Items)
PUBLIC COMMENT(each speaker limited to five minutes) (NONE)
CLOSED SESSION (No Items)
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- 9/10/2013
1316-010 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT 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
2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES& BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA,
DSA- MANAGEMENT/SUPERVISORY UNIT,
DSA-GENERAL UNIT,
BCCOA-SUPERVISORY UNIT,
BCCOA-GENERAL UNIT
3. ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) -7 CASES:
A. COUNTY OF BUTTE V. LORIN DOWNING AND SEAIRA BROOKE - BCSC CASE NO: 160070;
B. COUNTY OF BUTTE V. RYAN BUCKNER - BCSC CASE NO: 160071;
C. COUNTY OF BUTTE V. LLL RANCH LLC- BCSC CASE NO: 160072;
D. COUNTY OF BUTTE V. RONALD BRUMFIELD - BCSC CASE NO: 160073;
E. COUNTY OF BUTTE V. STEPHEN BURGESS- BCSC CASE NO: 160074;
F. COUNTY OF BUTTE V.JOSHUA JACKSON - BCSC CASE NO: 160075; AND
G. COUNTY OF BUTTE V. MATTHEW BURGESS- BCSC CASE NO: 160076.
4. SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(2) -ONE
POTENTIAL CASE.
THERE WERE NO ANNOUNCEMENTS FROM CLOSED SESSION.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/10/2013
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 24, 2013.
PAGE 15