HomeMy WebLinkAboutM100912 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/9/2012
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.
1219-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
SUPERVISOR KIRK REQUESTED ITEM 3.06 (2013 BOARD OF SUPERVISORS REGULAR MEETING
CALENDAR) BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR
AGENDA.
1219-002 CONSENT AGENDA
1. Resolutions Confirming Proposition 4 Appropriation Limit Calculations for Fiscal Year (FY) 2012-13 -
request to adopt resolutions confirming Proposition 4 Appropriation Limit calculations for the County of
Butte and all Special Districts under the control of the Board of Supervisors for FY 2012-13. (Auditor-
Controller)
2. Butte County Special Education Local Plan Area (SELPA) - The Butte County Department of Behavioral
Health (BCDBH) requests approval to renew the Memorandum of Understanding (MOU) with the SELPA.
The purpose of this MOU is for BCDBH to be reimbursed for mental health services provided to the
SELPA pursuant to Chapter 26.5 of Division 7 of Part 1 of the Government Code. BCDBH will provide
educationally-based mental health services to students who are covered by the Individuals With
Disabilities Education Improvement Act and those who have been referred by the local education agency
(LEA) members of the SELPA. The term of this MOU is July 1, 2012 through June 30, 2013. (Behavioral
Health)
3. Estelita Marquez-Floyd, M.D. - Dr. Marquez-Floyd is a licensed medical doctor, who will provide services
in the specialized field of psychiatry as required for adult clients at the BCDBH. BCDBH requests approval
to enter into an agreement with Dr. Marquez-Floyd. The term of the agreement will be October 9, 2012
through June 30, 2013. The maximum financial obligation under this contract shall not exceed $114,000
(utilizing state and federal Medi-Cal funds). (Behavioral Health)
4. Capital Asset Purchase - The FY 2012-13 adopted budget for BCDBH contains the purchase of three
sedans for a total not to exceed $60,000. BCDBH requests approval to change the language from 3
sedans to the maximum number of vehicles with the previously approved appropriation of $60,000.
(Behavioral Health)
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/9/2012
5. Budget Adjustment -On February 10, 2010 the County of Butte entered into a grant agreement with the
State Department of Housing and Community Development for the CDBG Housing Rehabilitation Loan
Program. The total grant award was $400,000 for Housing Rehabilitation and General Administration.
On June 14, 2011, the Board of Supervisors approved a budget adjustment to appropriate funds in FY
2011-12 for grant activities.The County has assisted six homeowners with housing rehabilitation projects
through the grant as of July 30, 2012. The CDBG Housing Rehabilitation Loan Program is a multi-year
grant and the remaining grants funds, $102,719.47, must be budgeted in FY 2012-13 in order to
complete the grant activities. Staff anticipates that the grant activities will be completed by the end of FY
2012-13. (Chief Administrative Office)
6. Request for Approval for Auditor-Controller to Reissue Time Expired Check - A request has been
submitted by Jewel Atchley, a former Butte County employee, for the County to reissue a time expired
check from July 2007 that was never cashed. The check was issued on July 5, 2007 in the amount of
$472. The warrant number is 1420-954301. Pursuant to Government Code 29802(c), the Board of
Supervisors may authorize the Auditor to draw a new warrant in favor of the payee or assignee in the
same amount as the original warrant. The Administration Department had verified with the Auditor-
Controller's office that the check is time expired and was never cashed or replaced. (Chief Administrative
Office)
7. Butte County Air Quality Management District's Amendment to Conflict of Interest Code and Local
Biennial Notice 2012 - Butte County Air Quality Management District has reviewed its Conflict of Interest
Code and determined that it is in need of revision and has provided an amendment. County Counsel has
reviewed the 2012 Local Agency Biennial Notice and amendment to the Butte County Air Quality
Management District's Conflict of Interest Code and believes it to be proper. (County Counsel)
8. Approval of Butte County Resource Conservation District's Amendment to Conflict of Interest Code and
Local Biennial Notice 2012 - Butte County Resource Conservation District has reviewed its Conflict of
Interest Code and determined that it is in need of revision and has provided an amendment. County
Counsel has reviewed the 2012 Local Agency Biennial Notice and amendment to the Butte County
Resource Conservation District's Conflict of Interest Code and believes them to be proper. (County
Counsel)
9. Accept Local Agency Conflict of Interest Code Biennial Notices for Agencies that File Form 700s with Clerk
of the Board -The following districts have reviewed their Conflict of Interest Codes pursuant to California
Government Code section 87306.5(b) and have determined that their agency's code is current and in no
need of revision. County Counsel has reviewed the 2012 Local Agency Biennial Notices and believes
them to be proper: Butte County Housing Authority; Oroville Mosquito Abatement District; Butte County
Children and Families Commission; Paradise Cemetery District; Butte Creek Drainage District; Paradise
Irrigation District; Durham Mosquito Abatement District;Richvale Recreation and Park District; Gridley-
Biggs Cemetery District; Sacramento River Reclamation District; Kimshew Cemetery District; Thermalito
Irrigation District; and Oroville Cemetery District. (County Counsel)
10. Accept Local Agency Conflict of Interest Code Biennial Notices for Agencies that file form 700s with Clerk-
Recorder - The following districts have reviewed their Conflict of Interest Codes pursuant to California
Government Code section 87306.5(b) and have determined that their agency's code is current and in no
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/9/2012
need of revision. County Counsel has reviewed the 2012 Local Agency Biennial Notices and believes
them to be proper. Berry Creek Community Services District; Buzztail Community Services District; Chico
Area Recreation and Park District; Durham Irrigation District; Durham Recreation and Park District;
Feather River Recreation and Park District; Lake Madrone Water District; Paradise Recreation and Park
District; Reclamation District No. 833; Richardson Springs Community Services District; EI Medio Fire
District; Sewerage Commission Oroville Region. (County Counsel)
11. Accept Local Agency Exemptions to Conflict of Interest Code Requirement -The following districts have
reviewed their Conflict of Interest Codes pursuant to California Government Code section 87306.5 and
have determined that the conditions for exemption from Government Code section 87300 still exist.
County Counsel has reviewed the 2012 Local Agency Biennial Reports and believes they are proper.
Bangor Cemetery District; Drainage District No. 1; Drainage District No. 2; Drainage District No. 100;
Drainage District No. 200; Pine Creek Cemetery District; Thompson Flat Cemetery District. (County
Counsel)
12. Accept Local Agency Conflict of Interest Code Biennial Notices for School Districts that file form 700s with
Butte County Office of Education -The following school districts have reviewed their Conflict of Interest
Codes pursuant to California Government Code section 87306.5(b) and have determined that their
agency's code is current and in no need of revision. County Counsel has reviewed the 2012 Local Agency
Biennial Notices and believes them to be proper. Bangor Union Elementary School District; Butte County
Office of Education; Gridley Unified School District; Manzanita Elementary School District; Oroville Union
High School District; Palermo Union School District; Paradise Unified School District; Thermalito Union
School District. (County Counsel)
13. The Hignell Companies - On February 14, 2012, the Board approved Agreement NF014 with the Hignell
Companies for property management services to begin March 1, 2012, at the Southside Oroville
Community Center (SOCC). Under the terms of the agreement, the County is responsible for payment of
PG&E charges until June 1, 2012, at which time, the charges would be paid by the Hignell Companies.
Although it was anticipated that all portions of the SOCC could be immediately rented for special events,
the facility suffered from deferred maintenance and the kitchen was not able to meet environmental
health standards. The condition of the facility required the Hignell Companies to spend over $5,000 in
unanticipated maintenance costs and shift management's focus to managing cleanup efforts instead of
marketing the SOCC. The result of providing these unanticipated services has been increased costs and
insufficient marketing time. Subsequently, the Hignell Companies launched a professional SOCC website
and initial discussions with County Economic Development staff have started now that the facility is
ready for use. Staff recommends that in exchange for the increased services not included in the original
contract, that the Board approve payment of the PG&E bills by the County until February 28, 2013, with
an estimated cost of approximately$24,000. Funding for the amendment is contained within the General
Services approved FY 2012-13 operating budget and no additional appropriation is req uired.(General
Services)
14. Budget Adjustment - County vehicles parked after hours in the 196 Memorial Way and 695 Oleander
Avenue facilities in Chico are routinely vandalized at great cost to the County. The affected departments
desire to combine resources to construct a secured parking area adjacent to the Public Health Lab on
Oleander. General Services will oversee the project, estimated at $51,000, by utilizing multiple funding
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/9/2012
sources. Approximately $41,800 will come from the FY 2012-13 approved operating budgets with
$12,400 from the Assessor's Office, $12,400 from the Agriculture Commissioner's Office and $17,000
from the Public Health Department. The balance of$9,200 consists of existing appropriations in General
Services due to savings from the remodel of 196 Memorial Way, which came in under budget. No
additional appropriation is necessary. (General Services)
15. Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the Public Health Department. This change will leave the
total County Allocations unchanged.
Public Health: The department is requesting to delete one (1) vacant position of Supervisor, Public
Health Nutritionist and add one (1) Public Health Nutritionist. The Department has attempted several
times to recruit for the Supervisor, Public Health Nutritionist position without much success. In order to
meet WIC (Women, Infants, and Children) program requirements, the department must have a
registered dietician within the program. By making the requested change, the Department hopes to be
able to fill the Public Health Nutritionist position. This position requires qualified applicants to be a
registered dietician or eligible to get the certification. The WIC program is 100% federally funded, and
there are sufficient salary and benefit allocations in the current budget to accommodate this change.
(Human Resources)
16. Contract Change Order No. 1 and Notice of Completion for the 2012 Slurry Seal Project - In June 2012,
California Pavement Maintenance Company of Sacramento, CA was awarded the 2012 Slurry Seal Project
contract in the amount of $221,017.80. In general, the work consisted of the application of slurry seal
and micro-surfacing to various Butte County Roads and bicycle paths. The work also included the
placement of thermoplastic striping, thermoplastic markings, and reflective pavement markers. All
contract work has been completed. Contract Change Order No. 1 is broken down into two parts. The first
part of the contract change order increases a contract item to reflect the actual quantity used during
construction and the second part decreases several contract items to reflect the actual quantities used
during construction.The fiscal impact is an increase in compensation to the contractor of$867.36.There
is sufficient funding available through the department budget to cover this change order. (Public Works)
17. Contract Change Order No. 1 and Notice of Completion for the County Center Drive Bus Stop
Improvements - In June 2012, Franklin Construction, Inc. of Chico, CA was awarded the County Center
Drive Bus Stop Improvement contract in the amount of $120,700. In general, the work consisted of saw
cutting and removing the existing asphalt pavement roadway section within the bus stop area,
construction of the concrete bus stop pull-outs and tie-in asphalt roadway sections, and other asphalt
concrete dig outs and repairs along County Center Drive. All contract work has been completed.
Contract Change Order No. 1 is broken down into three parts. Section A of the Contract Change Order is
to compensate the contractor for extra work that was performed as directed by Public Works. Sections B
and C provide for the increase and decrease of various contract items to reflect the actual quantities
used during construction. The fiscal impact is an increase in compensation to the contractor of
$8,400.93. There is sufficient funding available through the department budget to cover this change
order. (Public Works)
18. Contract Change Order No. 1 and Notice of Completion for Module 4 Landfill Gas (LFG) Well Installation
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/9/2012
at the Neal Road Recycling and Waste Facility - In June 2012, SCS Field Services of Long Beach, CA was
awarded the Module 4 LFG Well Installation contract in the amount of $141,800. In general, the work
consisted of boring, installing and completing LFG wells, furnishing and installing wellheads, furnishing,
installing and connecting header and lateral piping, pipe anchors and related items, and removing the
solid waste that was excavated while installing the wells to an onsite disposal site within the limits of
Module 4. The contract change order increases a contract item to reflect the actual quantity of pipe
installed during construction. The fiscal impact is an increase in compensation to the contractor of
$6,525. There is sufficient funding available through the department budget to cover this change order.
(Public Works)
19. Contract Change Order No. 2 for the Retrofit of Ord Ferry Road Bridge across Sacramento River - In May
2012, Butte County awarded the Seismic Retrofit of the Ord Ferry Road Bridge Across the Sacramento
River contract to Golden State Bridge, Inc. in the amount of $9,094,939. Contract Change Order No. 2
was written to compensate the contractor for the unanticipated extra work required for the removal of
the discovered man-made objects that are buried within the bridge footing retrofit limits as shown on
the contract plans. The man-made objects were left in place from the original bridge construction and
include steel, lumber and concrete. Extra work performed by the contractor to remove the buried man-
made objects has and will continue to be documented on daily extra work reports. Compensation to the
contractor will be in accordance with Section 9-1.03, "Force Account Payment" of the CalTrans Standard
Specifications. The construction portion of this project is reimbursable through the Federal Highway
Bridge Program (HBP) which provides for 88.53% of the funding. Proposition 113 passed in 2006 is
supplementing the remaining 11.47%of the project. Funds for this contract change order are included in
the projects current finance letter as supplemental work. The fiscal impact is an increase in
compensation to the contractor of an estimated amount of$250,000. Actual compensation will be based
on extra work performed to remove the unanticipated man-made objects. There is sufficient funding
available through the Projects Federal and State grants. (Public Works)
20. Contract Change Order No. 3 for the Retrofit of Ord Ferry Road Bridge across Sacramento River - In May
2012, Butte County awarded the Seismic Retrofit of the Ord Ferry Road Bridge Across the Sacramento
River contract to Golden State Bridge, Inc. in the amount of $9,094,939. Contract Change Order No. 3
compensates the contractor for extra work involved with installing additional construction signs, buoys
and lights in the Sacramento River as required by the United States Coast Guard Permit requirements for
the project. Compensation to the contractor will be in accordance with Section 9-1.03, "Force Account
Payment" of the Caltrans Standard Specifications. The construction portion of this project is
reimbursable through the Federal Highway Bridge Program (HBP) which provides 88.53% of the projects
funding. Proposition 113 passed in 2006 is supplementing the remaining 11.47%of the project. Funds for
this contract change order are included in the current finance letter as supplemental work. The fiscal
impact is an increase in compensation to the contractor of an estimated amount of $10,000. There is
sufficient funding available through the Projects Grant. (Public Works)
21. Contract Change Order No. 4 for the Retrofit of Ord Ferry Road Bridge across Sacramento River - In May
2012, Butte County awarded the Seismic Retrofit of the Ord Ferry Road Bridge Across the Sacramento
River contract to Golden State Bridge, Inc. in the amount of $9,094,939. Contract Change Order No. 4
compensates the contractor for the extra work involved with the removal of the existing steel cable
restrainer pipes. Contract Change Order No. 4 has an estimated cost of $30,000. Compensation to the
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/9/2012
contractor will be in accordance with Section 9-1.03, "Force Account Payment" of the Caltrans Standard
Specifications. The existing internal restrainer cable pipes were originally assumed to be allowed to stay
in place as long as they provided enough tolerance to allow bridge jacking to remove and replace the
new bearing pads assemblies. In actuality, there is no tolerance to allow bridge jacking, therefore the
contractor needs to remove the restrainer pipes to complete the bridge jacking and bearing pad
replacement. The construction portion of this project is reimbursable through the Federal Highway
Bridge Program (HBP) which provides 88.53% of the projects funding. Proposition 113 passed in 2006 is
supplementing the remaining 11.47%of the project. Funds for this contract change order are included in
the current finance letter as supplemental work. The fiscal impact is an increase in compensation to the
contractor of $6,525. There is sufficient funding available through the department budget to cover this
change order. (Public Works)
22. County Service Area (CSA) 14 - Chapman Neighborhood Lighting -On June 12, 2012, the Board approved
a CSA 14 project to add 17 new street lights on existing PG&E poles in the Chapman area of Chico for
total cost of $10,099.26. At the same meeting, the Board also approved the proposal to have PG&E
replace 35 existing sodium vapor street lights to LED and convert 22 street light mast arms located at
street intersections to six-foot lengths in the same CSA 14 area. The projects scope and costs have now
been finalized. PG&E will replace the 35 existing street lights with LED lights and convert the 22 mast
arms for a total cost of $32,454.12. The costs for this PG&E project will be paid from the existing
available fund balance within CSA 14. There is no impact to the County General Fund. (Public Works)
23. Waste Recovery West - The Public Works Department is requesting approval of an amendment to its
agreement with Waste Recovery West to extend the term of the contract for two years. Waste Recovery
West has fulfilled the requirements set forth in the current agreement for recycling of waste tires
collected at the Neal Road Recycling & Waste Facility and has voluntarily reduced the charge for
recycling waste tires with rims, saving the County a substantial amount of money over the term of the
existing contract. (Public Works)
24. Budget Adjustment - In fiscal year 2012, the Sheriff's Office was the recipient of $372,475 of Indian
Gaming Special Distribution Funds (SDF) for three personnel, two vehicles and overtime. Due to hiring
difficulties, the Sheriff's Office had a balance of $50,590 of SDF monies at fiscal year end. The Sheriff's
Office presented an expenditure plan to request approval of the Indian Gaming Local Community Benefit
Committee. At the committee's September 18, 2012 meeting, the Sheriff's expenditure plan was
unanimously approved. The approved plan includes: Ballistic vests for SWAT, funds for the Sheriff's K-9
program to include a new dog, funds for the Interagency Bomb Unit and additional overtime funds for
the Investigations Unit. All planned uses for the funds comply with SDF regulations for use. (Sheriff-
Coroner)
25. Resolution Recognizing October 2012 as Domestic Violence Awareness Month. (Other Agencies)
26. Butte County Public Law Library FY 2011-12 Annual Report. (Other Agencies)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/9/2012
MOTION: I MOVE TO APPROVE THE CONSENT WITH THE EXCEPTION OF ITEM 3.06 WHICH WAS PULLED FOR
DISCUSSION ON THE REGULAR AGENDA. (MOTION: KIRK; SECOND:YAMAGUCHI )
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA
1219-003 2013 Board of Supervisors Regular Meeting Calendar - Submitted for consideration is the 2013 Board
of Supervisors regular meeting calendar. Pursuant to Butte County Code Section 2-13, regular Board
meetings are held the second and fourth Tuesday of each month. The Code does allow the Board to
alter that schedule by a majority vote. The proposed calendar has one meeting only scheduled in the
months of July and December 2013 in order to accommodate vacation and holiday schedules. Other
regular meetings in the months of January, May and November have been proposed on alternate
Tuesdays. If additional meetings are required for any reason, the Board's calendar can be amended
or a special meeting can be ordered. (Chief Administrative Office)
MOTION: I MOVE TO ADOPT THE 2013 BOARD MEETING CALENDAR AMENDING THE NOVEMBER AND
DECEMBER 2013 MEETING DATES. (THE NEW MEETING DATES FOR THOSE MONTHS WILL BE:
NOVEMBER 5, NOVEMBER 19, DECEMBER 3, AND DECEMBER 17.) (MOTION: KIRK; SECOND: WAHL)
VOTE: Motion APPROVED 5 -0
1219-004 Boards, Commissions and Committees
1. Appointments to Listed Vacancies (NONE)
2. Board Member or Committee Reports
SUPERVISOR YAMAGUCHI REPORTED ON A MEETING OF THE RAC(REGIONAL ADVISORY
COMMITTEE).
SUPERVISOR CONNNELY REPORTED ON HIS ATTENDANCE AT A LAFCO CONVENTION WHERE HE
WAS A MEMBER OF A PRESENTING PANEL. HE ALSO REPORTED ON HIS AND CHAIR LAMBERT'S
ATTENDANCE AT THE HMONG NEW YEAR KICK OFF CELEBRATION HELD AT THE NELSON
SPORTS COMPLEX IN OROVILLE.
SUPERVISOR YAMAGUCHI REPORTED ON AN UPCOMING PROJECT COORDINATED BY THE
BUTTE COUNTY FIRE SAFE COUNCIL.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/9/2012
1219-005 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
CANDACE GRUBBS, CLERK-RECORDER/REGISTRAR OF VOTERS, PROVIDED A REPORT ON THE
UPCOMING NOVEMBER 6, 2012 GENERAL ELECTION.
1219-006 General Plan Follow-Up and Implementation by Director of Development Services.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, PROVIDED A REPORT.
1219-007 Report on Alternative Custody Programs - In October 2011, the Sheriff's Office established the
Alternative Custody Supervision (ACS) program to help mitigate the impacts of AB 109 on the Butte
County Jail, while at the same time serving the interests of public safety. Shortly after the program
was launched, the Sheriff's Office enlisted the aid of Chico State University to study the ACS program
and provide the Sheriff's Office with recommendations that could be used to improve the program's
efficiency. The team of Chico State professors and criminal justice interns working with the Sheriff's
Office to evaluate the ACS program released its initial report at the September 19, 2012, meeting of
Butte County's Community Corrections Partnership.The preliminary report indicates that the Sheriff's
ACS program is on track and showing promise. The report also makes recommendations for overall
improvement of the program, which are being implemented.The Sheriff will provide an update on the
ACS program to the Board of Supervisors.(Sheriff-Coroner)
BUTTE COUNTY SHERIFF,JERRY SMITH INTRODUCED THIS ITEM TO THE BOARD.
KORY HONEA, BUTTE COUNTY UNDERSHERIFF; DR.JOHN COTTLE FROM CALIFORNIA STATE
UNIVERSITY, CHICO;AND STEVE BORDIN, CHIEF PROBATION OFFICER PROVIDED REPORTS.
THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN.
1219-008 10:00 a.m.- Timed Item - Creation of an Agriculture Mitigation Ordinance in accordance with Butte
County General Plan 2030 Action AG-A2.1 and AG-A2.2 -Offer of Assistance from Northern California
Regional Land Trust (NCRLT) -The NCRLT, a nonprofit organization that assists landowners and public
agencies in the voluntary protection of land and other natural resources, wishes to assist the County
in the creation of an Agriculture Mitigation Ordinance pursuant to Butte County General Plan
Agriculture Element Action AG-A2.1 and to encourage municipalities in Butte County to adopt similar
agriculture mitigation ordinances in accordance with Action AG-A2.2. In March 2011, the NCRLT was
awarded a grant to undertake work with local governments and develop an agriculture mitigation
ordinance. The NCRLT provides a letter of intent and additional letters of support for this endeavor
from the Butte County Farm Bureau and the Butte County Local Agency Formation Commission.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/9/2012
(Development Services)
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: JAMISON WATTS, EXECUTIVE
DIRECTOR OF NORTHERN CALIFORNIA REGIONAL LAND TRUST; COLLEEN CECIL, EXECUTIVE
DIRECTOR OF THE BUTTE COUNTY FARM BUREAU; RICHARD PRICE, BUTTE COUNTY
AGRICULTURAL COMMISSIONER; AND STEVE LUCAS, EXECUTIVE DIRECTOR OF THE BUTTE
COUNTY LOCAL AGENCY FORMATION COMMISSION.
MOTION: I MOVE TO DIRECT DEVELOPMENT SERVICES TO WORK WITH THE NCRLT AND OTHER INTERESTED
STAKEHOLDERS IN CREATING AN AGRICULTURE MITIGATION ORDINANCE IN ACCORDANCE WITH
BUTTE COUNTY GENERAL PLAN AGRICULTURE ELEMENT ACTOPM AG-A2.1, TO ENCOURAGE
MUNICIPALITIES IN BUTTE COUNTY TO ADOPT SIMILAR ORDINANCES PURSUANT TO AGRICULTURE
ELEMENT ACTION AG-A2.2 AND TO PROVIDE A DRAFT AGRICULTURE MITIGATION ORDINANCE TO
THE BOARD FOR FUTURE CONSIDERATION. (MOTION: KIRK; SECOND: CONNELLY)
VOTE: Motion carried 4- 1
YEA: Supervisor Lambert, Supervisor Connelly, Supervisor Kirk, Supervisor Yamaguchi
NAY: Supervisor Wahl
1219-009 10:15 a.m. -Timed Item -Williamson Act Program Enforcement - LCA11-0007 (APN 026-250-020) -This
item consists of the Board's consideration of partial non-renewal of the George R. Chaffin (1968) Land
Conservation (Williamson) Act contract. Staff and the Williamson Act Advisory Committee recommend
that the County initiate non-renewal of this contract for APN 026-250-020 under Rule 8.D of the
County's Williamson Act program, which provides for the Board of Supervisors to file a Notice of Non-
Renewal after consideration of the recommendation of the Williamson Act Advisory Committee. The
subject parcel is located on Sunnybrook Lane 0.6 miles east of Lone Tree Road, approximately 1 mile
south of the City of Oroville. On June 6, 2011 the Committee recommended non-renewal of the
subject parcel to the Board. The recommendation is based on the 1991 sale of the parcel, which does
not meet the minimum parcel size requirements of the Williamson Act contract. Under the Rule 7.D of
the County's program, such sales trigger the filing of a Notice of Non-Renewal.This action would begin
an eight-year wind-down of the contract for this parcel, which would exit the Williamson Act program
in 2020. (Development Services)
PETE CALRACO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES AND CLAUDIA STUART,
PRINCIPAL PLANNER PROVIDED A REPORT TO THE BOARD.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/9/2012
MOTION: I MOVE TO DETERMINE THAT APN 026-250-020 IS OUT OF COMPLIANCE WITH THE COUNTY'S
WILLIAMSON ACT PROGRAM, BASED ON THE FINDINGS DESCRIBED IN THE STAFF REPORT; AND
AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF PARTIAL NON-RENEWAL. (MOTION: CONNELLY;
SECOND: WAHL)
VOTE: Motion APPROVED 5 -0
1219-010 10:30 a.m. -Timed Item -Williamson Act Program Enforcement - LCA11-0002 (APNs 022-040-068 and -
073) - This item consists of the Board's consideration of County-initiated partial non-renewal of the
Elna Schohr (1980) Land Conservation (Williamson) Act contract. Staff and the Williamson Act
Committee have concluded that several parcels within this contract are out of compliance with the
County's Williamson Act program. The subject parcels are located in southwest Butte County
approximately 5.5 miles west of the City of Biggs, on Schohr Ranch Road approximately 1 mile south of
Afton Road. Staff requests the Board's direction regarding which of the following two alternatives to
implement in order to enforce this contract and the County's Williamson Act program: 1) File a Notice
of Partial Non-Renewal of the contract for APNs 022-040-068 and 022-040-073; 2) Work with the
property owner to submit a) an application for a land division to separate off the parcel with the
residence, or an application for removal of the residence; b) an application for non-renewal of the
single-family parcel created by the land division (if any); c) an application for contract rescission and
amendment for wildlife habitat for the remainder of the property; and d) applicable fees. Initiate non-
renewal if the applicant fails to submit these applications within 90 days. (Development Services)
CLAUDIA STUART, PRINCIPAL PLANNER, ADDRESSED THE BOARD INDICATING THAT THE
PROPERTY OWNER HAD REQUESTED TO CONTINUE THIS ITEM TO THE OCTOBER 23, 2012
BOARD OF SUPERVISORS MEETING.
MOTION: I MOVE, AT THE REQUEST OF THE PROPERTY OWNER,TO CONTINUE THIS ITEM TO OCTOBER 23, 2012.
(MOTION: KIRK; SECOND:YAMAGUCHI)
VOTE: Motion APPROVED 5 -0
1219-011 Agreement with Commerce Bank and Resolution Authorizing the Auditor-Controller to Represent the
County in the Electronic Accounts Payable Payment Program - The Auditor's Office solicited for an
electronic accounts payable system and received proposals from four of the six local banks that
provide such services. Two of the banks provided competitive offers, and the selection committee
from the Auditor's Office chose Commerce Bank. The EPayable program is an automated accounts
payable system provided by Commerce Bank that will improve the efficiency of the County in paying
vendors. In addition to improved efficiency it will also create a secure and safe means to facilitate
payments to vendors. Vendors can voluntarily sign up for the program and will pay all costs associated
with it. Some of the County's larger vendors already participate in the program.The County is provided
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/9/2012
revenue sharing based on monthly volume, with anticipated new revenue of $60,000 to $80,000 per
year. The term of the agreement is for three years and is effective upon the date of execution. In
addition to the agreement with Commerce Bank,the Board is requested to approve the resolution that
authorizes the Auditor-Controller to represent the County in the electronic accounts payable payment
program,to transfer payables information to Commerce Bank, and to execute all documents necessary
to effectuate the program, except for the agreement and associated addendums signed by the Chair.
The resolution is required by Commerce Bank. (Auditor-Controller)
GRACIELA GUTIERREZ,ASSISTANT AUDITOR CONTROLLER, PROVIDED A REPORT.
MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND ADOPT THE RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN. (MOTION:YAMAGUCHI; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
1219-012 Fund Balance Policy in Accordance with Government Accounting Standards Board (GASB) Statement
No. 54 - It is recommended that the Board of Supervisors adopt the Fund Balance Policy which defines
the new fund balance categories in accordance with GASB 54. These changes are intended to enhance
how fund balance information is reported and to improve its usefulness by establishing new fund
balance classifications that are easier for users to understand and apply. The new standard does not
change the actual amount of fund balance reported and does not change the County's day-to-day
accounting. The policy has been reviewed by the Finance Work Team and all department heads. The
Auditor-Controller believes this Policy meets the requirements of GASB 54 and helps the County
maintain a stronger fiscal position to weather negative economic trends, while preserving flexibility to
make adjustments in funding for approved programs in connection with the annual budget. (Auditor-
Controller)
DAVID RICCI, MANAGER OF GOVERNMENTAL ACCOUNTING IN THE AUDITOR'S OFFICE,
PROVIDED A REPORT.
MOTION: I MOVE TO ADOPT THE FUND BALANCE POLICY IN ACCORDANCE WITH GASB STATEMENT NO. 54.
(MOTION: KIRK; SECOND: YAMAGUCHI )
VOTE: Motion APPROVED 5 -0
1219-013 Fiscal Year 2011-12 Fourth Quarter Financial Report -The FY 2011-12 Fourth Quarter Financial Report
provides economic, expenditure, revenue, cash balance, long-term debt and summary information
from the close of last fiscal year. The report includes tables and graphs of historical data to help
provide context and demonstrate trends in the economy, expenses, revenues, and balances.
(Administration)
GREGORY G. ITURRIA, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/9/2012
THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN.
1219-014 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.
MR.JOHN STONEBREAKER AND MICHELLE DEESE ADDRESSED THE BOARD.
RECESS:
THE BOARD RECESSED AS THE BUTTE COUNTY BOARD OF
SUPERVISORS AND CONVENED AS THE THOMPSON FLAT CEMETERY
DISTRICT BOARD OF TRUSTEES.
PAGE 12
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/9/2012
THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES
OCTOBER 9. 2012
MINUTES
CALL TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
Trustees present: Supervisors Connelly Wahl, Kirk, Lambert and Yamaguchi
The Board of Trustees is required to convene at least once a quarter pursuant to Health and Safety Code
9029.
CONSENT AGENDA (No Items)
REGULAR AGENDA (No Items)
PUBLIC COMMENT (NONE)
ADJOURNMENT:
ADJOURNED AS THE THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES AND
CONVENED AS IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD.
PAGE 13
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/9/2012
IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD
OCTOBER 9. 2012
MINUTES
CALL TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville
Members present: Connelly Wahl, Kirk, Lambert and Yamaguchi
1210-001 CONSENT AGENDA
1. Department of Employment and Social Services (DESS) - Approval is requested for a Memorandum of
Understanding (MOU) with the DESS for compliance of 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 Department of Justice and participate in an enrollment orientation regarding
rules and regulations. The term of the MOU will be July 1, 2012 through June 30, 2013, with a maximum
receivable not to exceed $45,000. The Board of Supervisors approved the MOU at its meeting of
September 25, 2012 which was submitted by DESS. (IHSS)
MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (MOTION: KIRK; SECOND:YAMAGUCHI)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA (No Items)
PUBLIC COMMENT(None)
1210-002 CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR PURSUANTTO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: CATHI GRAMS,JACK HUGHES& BRIAN RING
EMPLOYEE ORGANIZATION: CUHW
(This 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 BOARD OF SUPERVISORS
PAGE 14
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/9/2012
1219-015 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES& BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA,
DSA- MANAGEMENT/SUPERVISORY UNIT,
DSA-GENERAL UNIT,
BCCOA-SUPERVISORY UNIT,
BCCOA-GENERAL UNIT
2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT/GOALS PURSUANT TO
GOVERNMENT CODE SECTION 54957: PUBLIC HEALTH DIRECTOR
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
OCTOBER 23, 2012.
PAGE 15