HomeMy WebLinkAboutM102213 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/22/2013
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.
1319-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
CHAIR CONNELLY ANNOUNCED THAT HE HAD A REQUEST TO REMOVE ITEM 3.16 (BUDGET
ADJUSTMENT AND APPROVAL TO ACQUIRE REAL PROPERTY) FROM THE CONSENT AGENDA FOR
FOR DISCUSSION ON THE REGULAR AGENDA.
1319-002 CONSENT AGENDA
1. Caminar, Inc. - Caminar, Inc. is a nonprofit organization specializing in the planning, development, and
operation of vocational rehabilitation programs. Approval is requested to amend the agreement with
Caminar, Inc. to provide additional vocational rehabilitation services to Butte County clients who have
displayed severe and persistent mental illness and/or alcohol and drug problems. The term of this
agreement is extended and will terminate on June 30, 2014. The department had planned to solicit a
Request for Proposal (RFP) prior to December 31, 2013, however,this was delayed.The department now
plans to solicit the RFP for Fiscal Year (FY) 2014-15. The maximum financial obligation under this
agreement shall not exceed $261,285 (an increase of $124,643 for FY 2013-14). Funding is currently
available in the department budget for this amendment.
2. Northern Valley Catholic Social Service (NVCSS) - NVCSS provides mental health, housing, vocational and
support services to individuals and families in California's Northern Sacramento Valley. Approval is
requested to amend the agreement with NVCSS for Parent Advocacy Employment (PAE) services to shift
funding and expenses directly associated with the PAE program from the NVCSS Mental Health Services
Act (MHSA) FY 2013-14 contract, to more accurately track the actual PAE program cost. The term of this
agreement will remain July 1, 2013 through June 30, 2014. The maximum financial obligation under this
agreement shall not exceed $561,594 (this is an increase of $218,510). The increase in this contract
directly correlates with a decrease in the NVCSS MHSA FY 2013-14 contract.
3. Request to Amend 2013 Board of Supervisors Regular Meeting Calendar - At the October 8, 2013 Board
of Supervisors meeting, the Board requested an item be placed on the next agenda to amend their
regular meeting calendar in the month of November of this year due to a conflict with the annual
California State Association of Counties conference. It is requested that the November 19th Board
meeting be rescheduled to November 12th. Pursuant to Butte County Code Section 2-13, regular Board
meetings are normally held the second and fourth Tuesday. The Code does allow the Board to alter that
schedule by a majority vote. If additional meetings are required for any reason, the calendar can be
amended again or a special meeting can be ordered. A copy of the proposed meeting calendar is
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/22/2013
included in this staff report.
4. Employment Contract - Director, Employment and Social Services - Approval of the second amendment
to the contract with Cathy Grams, Director, Employment and Social Services, is requested. The salary of
the position is $159,558.10, which is no change from current salary. The term of the contract is
December 31, 2013 through December 30, 2016.
5. Employment Contract - Director, Child Support Services - Approval of the second amendment to the
contract with Sharon Stone, Director, Child Support Services, is requested. The salary of the position is
$148,460, which is no change from current salary. The term of the contract is February 1, 2014 through
January 31, 2017.
6. Adoption of an Ordinance Levying a Special Tax for Fiscal Year 2013 and Following Fiscal Years Solely
Within and Relating to the County of Butte Community Facilities District No. 2013-1 (Clean Energy
Program) - On October 8, 2013 the Board of Supervisors took actions related to the creation of a
Property Assessed Clean Energy (PACE) Program based on the requirements of Senate Bill 555 which is
an amendment to the Mello-Roos Community Facilities Act of 1982. One of the actions was the
introduction of an Ordinance Levying a Special Tax for FY 2013-14 and Following Fiscal Years Solely
Within and Relating to the County of Butte Community Facilities District No. 2013-1 (Clean Energy
Program). The next step in the approval process is for the Board of Supervisors to consider the final
adoption of the Ordinance. The Ordinance allows for a special tax to be levied on those parcels that opt
in to the Clean Energy Program CFD, and directs the process for placing the special tax on the tax roll.
The ordinance will become effective 30 days after adoption.
7. Fiscal Year 2013-14 Services Agreement Between the Butte County Superior Court and the County of
Butte - The Butte County Superior Court and the County of Butte acknowledge that pursuant to
Government Code §77212(d)(1), all services, excluding Court security, provided by the County to the
Court and the Court to the County are identified by the proposed agreement. The Court and the County
further acknowledge that Exhibit A of the proposed agreement identifies the services to be provided,the
method of service delivery,the term of the agreement, the anticipated service outcomes and the cost of
the services to be provided. The FY 2013-14 agreement contains the same services as in previous years.
Charges for all services remain the same as in the previous year. The method of payment remains
unchanged. The MOU adds language that if the County elects to remove or abandon cables used for
internet service, which are the same cables that the Court uses for internet access, the County will give
the Court 90 days notice.
8. Fiscal Year 2013 Homeland Security Grant Program -The Board of Supervisors authorized the Emergency
Services Officer to apply for funding under the Fiscal Year 2013 Homeland Security Grant Program
(HSGP). The Governor's Office of Emergency Services has approved the grant application in the amount
of $255,649. This item will appropriate $205,649 of funds with the remaining $50,000 to be brought
before the Board at a future date. These grant funds need to be recognized as unanticipated revenue
and appropriated for the following: 1) $53,867 - Explosives Magazine (Capital Asset); 2) $26,000 -
Breathing Air Compressor (Capital Asset); 3) $25,000 -Trauma Kits for Law Enforcement County-Wide; 4)
$15,000 - Extractor for Turnout Decontamination; 5) $7,000 - Portable Lighting; 6) $25,000 - Mobile
Roadside Message Boards; 7) $35,000 - County Wide Training and Exercise; 8) $ 6,000 - Public Outreach
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/22/2013
and Community Awareness; and 9) $12,782 -Grant Management&Administration.
9. Resolution Designating the Existing "Local Appeals Board" (also known as the Building Code Board of
Appeals)to also act as the "Housing Appeals Board" -California Building Code, Section 1.8.8.1, California
Residential Code, Section 1.8.8, and State Housing Law, Health and Safety Code Sections 17920.5 and
17920.6 require two building appeals boards: a "Local Appeals Board" to hear appeals regarding the
building requirements of the County and a "Housing Appeals Board" to hear appeals regarding the
requirements of the County relating to the use, maintenance and change of occupancy of buildings and
structures, including requirements governing alteration, additions, repair, demolition and moving.
Recent review by staff revealed that the County has a "Local Appeals Board" but not a body that serves
in the "Housing Appeals Board" role for hearing appeals for existing construction. The "Local Appeals
Board" (also known as "Building Code Board of Appeals"), which was established by Resolution 64-3 on
January 21, 1964 serves as the body to hear appeals regarding the building requirements of the county.
Resolution 83-97 amended the membership of this Board.The established "Local Appeals Board" has not
had a need to meet in many years and currently has no appointed members. Staff recommends approval
of the proposed resolution rescinding Resolution 64-3 and Resolution 83-97 and designating the existing
"Local Appeals Board" to also act as the "Housing Appeals Board" as required by State Code.
Development Services staff will work with Administration and the Board of Supervisors to recruit for and
fill the current vacancies on this Board.
10. California Department of Veteran Affairs One-time Funding Subvention Program - On October 3, 2013,
the Department of Employment and Social Services (DESS) received notice from the California
Department of Veteran Affairs (CalVet) regarding the availability of one-time funds for FY 2013-14 to
enhance services provided by the Department's Veterans Service Office. Participating counties must
submit a signed Special Certificate of Compliance form to the CalVet no later than October 25, 2013, in
order to qualify for this one-time supplemental funding. The specific funding amount is unknown at this
time. The DESS will request the Board of Supervisors to approve a budget adjustment including the
addition of one limited-term Veteran's Service Representative position (to expire on June 30, 2014) at a
future meeting date once additional information has been received from the CalVet.
11. Chico Veterans Memorial Hall Committee - The Chico Veterans Memorial Hall Committee, on behalf of
the Veterans Organizations using the Chico Veterans Memorial Hall, submits the following nominations
for appointment to serve on the Chico Veterans Memorial Hall Committee for the term ending June 30,
2014. Cuttlefish Base U.S. Submarine Veterans, Inc.: Gilbert Houston, Delegate.
12. Bid Process Approval and Contract Execution - 900 Esplanade (former Chico Veterans Memorial Hall)
Window Project - In 2000, Butte County adopted the California Uniform Public Construction Cost
Accounting Act (CUPCCAA). At that time, State and County policies regarding solicitation process for
construction services were consistent. However, over the years, the CUPCCAA has changed and Butte
County Policies have remained the same. Staff recommends that the County utilize provisions in the
CUPCCAA for the 900 Esplanade Window Project. Utilizing these provisions will save the County
significant money and time; however, they exceed the authority granted to General Services under
existing Butte County Contracts/Purchasing Policy and Procedure Manual. Therefore, staff recommends
that the General Services Director be authorized to execute an $180,000 contract, plus potential change
orders, that will not exceed $192,500 with Modern Building, Inc. for the repair of windows at 900
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/22/2013
Esplanade pending review by County Counsel.
13. Lease Amendment - 205 Mira Loma Drive #30, Oroville, with Guillon Inc. - The Butte County Clerk-
Recorder currently occupies 205 Mira Loma Drive, Suite 30 with a planned termination date of October
31, 2013. The Department requests to amend the lease and extend the term for an additional two years.
Under the lease extension, the base rent payment will remain fixed for an additional 24 months at the
rate of $0.62028 per square foot plus CAM (Common Area Maintenance) charges. CAM charges are
subject to change and adjusted in arrears based on actual costs of the preceding year. The planned
termination date for the agreement is October 31, 2015, and includes the option to extend for an
additional twenty-four month period. Funding for this lease is included in the department's budget and
requires no additional appropriation.
14. Lease Amendment - 205 Mira Loma Drive#40, Oroville, with Guillon Inc. -The Butte County Department
of Public Health currently occupies 205 Mira Loma Drive, Suite 40 with a planned termination date of
October 31, 2013. The Department requests to amend the lease and extend the term for an additional
two years. Under the lease extension, the rent payment will remain fixed for an additional 24 months at
the rate of$0.50 per square foot for a total payment of$1,657 per month.The planned termination date
for the agreement is October 31, 2015, and includes the option to extend for an additional twenty-four
month period. Funding for this lease is included in the department's budget and requires no additional
appropriation.
15. Lease Origination - 5910 Clark Road, Suite A/B, with Signature Services - For several years, the Butte
County Department of Behavioral Health has occupied 805 Cedar, in Paradise, with approximately 8,307
square feet of leased space running $0.70 per foot. The Department developed plans to relocate the
programs to a smaller facility with superior layout also located in Paradise. However, the new facility,
located at 5910 Clark, did not become available all at one time and a two phased relocation effort was
launched. Phase One of the project, a lease of 2,520 square feet in the new facility on Clark Road, was
completed last month. Now, staff recommends the balance of the available space be leased at the
facility to enable the Department to vacate 805 Cedar. The new lease is for approximately 2,256 square
feet with a rate that will remain fixed at $0.75 per square foot, for a total monthly payment of
approximately $1,692.00 over the 3 year term. The planned termination date for the agreement is
October 31, 2016, and includes the option to extend for an additional sixty month period. Once
completed, instead of occupying 8,307 square feet at $0.70 per square foot for a total monthly payment
of$5,814.90,the Department will occupy approximately 4,776 square feet of superior space at$0.75 per
square foot for a total of $3,582 per month netting approximately $80,000 in savings over 3 years. No
additional appropriation is required.
16. Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance.These changes will increase the total allocations in the County
by one (1) limited term position. The following are the sections of the Salary Ordinance to be
amended:General Services: The General Services Department is requesting to add one limited term
position of Project Manager, Capital Improvement with a term date of June 30, 2018.The staffing level of
Capital Improvement Project Managers established in the FY 2013-14 budget was sufficient for specific
Major Maintenance/Repair and Facility Modification facility-related projects. However, funding is
available and other department's desire more facilities-related work to be done than General Services
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/22/2013
can accommodate. Funds for the position are contained within the FY 2013-14 approved General
Services operating budget and no additional appropriation is required. This change will increase the total
allocations in the department by one (1) limited term position. DESS: The Employment and Social
Services Department is requesting to flexibly staff one (1) position of Deputy Public Guardian-Public
Administrator to Deputy Public Guardian-Public Administrator/Deputy Public Guardian-Public
Administrator, Senior. This change will allow the department more flexibility when recruiting for and
filling the position. Any additional costs associated with this change are covered in the department's FY
2013-14 approved budget.This change will leave the total allocations in the department unchanged.
17. Contract with Butte County Office of Education (BCOE) for SNAP-Ed Program - On September 24, 2013,
the Board of Supervisors approved a grant agreement with the California Department of Public Health
(CDPH) to participate in efforts to improve the nutritional status and obesity rate among California's low
income population under the Supplemental Nutrition Assistance Program - Education (SNAP-Ed)
Program. The program focuses on individual and group nutrition education, physical activity promotion,
partnering with local schools and churches to promote healthy eating and physical activity, and
collaboration with existing local nutrition promotion partners. As part of this grant, the State has
authorized Public Health to subcontract with Butte County Office of Education (BCOE) in order to
implement a variety of nutrition education and physical activity programs for preschool age children and
their adult families within Butte County. BCOE will follow the same guidelines as the County SNAP-Ed
program. The term of the contract is October 1, 2013 through September 30, 2014 with a maximum
amount payable of$40,899.61.
18. California State University (CSU), Chico Research Foundation - On September 24, 2013, the Board of
Supervisors approved a grant agreement (13-20489) with the California Department of Public Health
(CDPH) to participate in efforts to improve the nutritional status and obesity rate among California's low
income population under the Supplemental Nutrition Assistance Program - Education (SNAP-Ed)
Program. The program focuses on individual and group nutrition education, physical activity promotion,
partnering with local schools and churches to promote healthy eating and physical activity, and
collaboration with existing local nutrition promotion partners. As part of this grant, the State has
authorized Public Health to subcontract with CSU, Chico Research Foundation in order to implement a
variety of nutrition education and physical activity programs for middle and high school students within
Butte County. CSU, Chico Research Foundation will follow the same guidelines as the County SNAP-Ed
program. The term of the contract is for the period of October 1, 2013 through September 30, 2014 with
a maximum amount payable of$318,790.29.
19. Capital Asset Purchase - Landfill Compactor - The recommended replacement interval for large
equipment (dozers and compactors) used at the Neal Road Recycling and Waste Facility (NRRWF) is
7,500 hours. The NRRWF compactor #261 has approximately 11,000 hours. Staff requests approval to
replace this compactor. A request for bids was solicited, and AI-Jon was selected as the low bid meeting
specifications. The new compactor will be equipped with a Tier 3/4 compatible engine to comply with
California Air Resources Board requirements. Cost of the new compactor is $666,355.09, including taxes
and 60-month, 10,000-hour extended warranty. A down payment of $120,000 was budgeted in the
current fiscal year. A budget adjustment from the Neal Road Recycling and Waste Facility Enterprise
Fund in the amount of $46,355 is requested for payment of sales tax. Staff has negotiated a 60-month
financing term with JP Morgan Chase Bank at approximately 1.628% (subject to rate at close) for the
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/22/2013
balance of $500,000. Annual payments of approximately $104,936 will be budgeted as part of the
NRRWF operating budget. At the end of this lease-purchase agreement term, the County will own the
compactor. An appraisal of the landfill compactor#261 valued the unit at$50,000 - $100,000. A request
for bids and sale of the surplus compactor will be completed as a separate transaction. Proceeds will be
applied to the Neal Road Recycling and Waste Facility Enterprise Fund.
20. Sheriff Memorandum of Understanding with Superior Court of California County of Butte - Pursuant to
the 2011 Realignment Act (AB118), the majority of State Security funding was removed from the State
Court's budget and allocated directly from the State of California Controller to the County Trial Court
Security Account (TCSA). Commencing July 1, 2012, all security funding was meant to be allocated
directly to the TCSA by the State; however, in the case of Butte County, $467,145 was withheld from the
TCSA and sent to the Court. Previous to FY 2012-13, the Court provided some civilian security in the
Court by use of Court Attendants but in FY 2013, the court did away with its security staff. The Sheriff's
Office has assumed management of all Court Security services, and the Court has agreed to relinquish
security funding to the Sheriff. This MOU allows a method of payment to transfer funds from the Court
to the Sheriff.
21. Franchise Tax Board (FTB) Court-Ordered Debt (COD) Program Contract - The Treasurer-Tax Collector
Department is renewing its contract with the Franchise Tax Board (FTB) Court-Ordered Debt (COD)
Program. When the Central Collections Division has exhausted all available avenues of collection and
deems a debt "uncollectable", the FTB-COD program takes additional measures to pursue seriously
delinquent unpaid court-ordered fines, forfeitures and penalties. The FTB charges an administrative fee
of 15%of the amount successfully collected and returns the balance to the County. The County recovers
the administrative fee through the Comprehensive Fine Program. Although the contract does not require
Board approval, the FTB requires that we 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.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.16 WHICH WAS
REMOVED FROM THE AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. (MOTION: KIRK;
SECOND:TEETER)
VOTE: Motion carried 5-0
1319-003 Budget Adjustment and Approval to Acquire Real Property -Assessor's Parcel Number (APN) 025-190-
092 -Operations at the Gridley Transfer Station, APN 025-190-088, are encroaching onto the adjacent
State owned APN 025-190-092, and the State requires that the condition be corrected. Staff
recommends that the County acquire the parcel, at a cost including due diligence and closing costs,
for $15,000. Once acquired and new property lines are established, the County, in a future Board
meeting, can consider selling the excess property to a neighboring property owner.There is no impact
to the General Fund. Funding comes from the Neal Road Landfill Fund.
GRANT HUNSICKER, DIRECTOR OF GENERAL SERVICES PROVIDED A REPORT.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/22/2013
MOTION: I MOVE TO 1) APPROVE THE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); 2) APPROVE THE
ACQUISITION OF THE CAPITAL ASSET; AND 3) ACCEPT THE PROPERTY AND AUTHORIZE THE GENERAL
SERVICES DIRECTOR TO EXECUTE ALL DOCUMENTATION, INCLUDING THE CERTIFICATE OF
ACCEPTANCE, NECESSARY TO CLOSE ESCROW. (MOTION: KIRK; SECOND:WAHL)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA
1319-004 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 TREASURY ADVISORY COMMITTEE.
SUPERVISOR CONNELLY REPORTED ON HIS ATTENDANCE AT THE HMONG NEW YEAR
CELEBRATION IN OROVILLE.
1319-005 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT.
1319-006 Presentation of ICC Community Service Award -The Department of Development Services submitted
Butte County for a national award with International Code Council (ICC) (The ICC Community Service
Award). The award is to honor individuals and organizations for their accomplishments and service to
ICC and the building safety industry. This specific award is presented when circumstances warrant a
need to recognize meritorious service by an individual, organization, jurisdiction or community group
that promotes the public health, safety and welfare by initiating activities or actions which are
considered to be above and beyond the normal expectations. Butte County was presented this award
on October 2nd, 2013 at the ICC 2013 Annual Conference. A video presentation created by ICC was
presented during the Annual Business Meetings Members luncheon on September 30th and replayed
at the awards luncheon on October 2nd when the award was presented by the Code Council Board
president Ronald Piester. Staff would like to share the award as it belongs to all Butte County staff
members and present the video created by ICC.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES AND NANCY SPRINGER, BUILDING
DIVISION MANAGER, PROVIDED A REPORT TO THE BOARD. THIS ITEM WAS FOR INFORMATION
ONLY. THERE WAS NO BOARD ACTION TAKEN.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/22/2013
1319-007 Introduction of an Ordinance Amending Chapter 26 Entitled "Buildings" in Order to Adopt the "2013
Building Standards Codes" -The Department of Development Services requests adoption of the 2013
California Building Standards Codes. The State of California officially adopted the 2013 California
Building Standards Codes in July 2013 and made the code adoption mandatory at the local level on
January 1, 2014. The building codes are updated every three years. This allows for the codes to
improve and adjust to the newest materials, methods of construction and technological advances in
the industry and in response to natural disasters. Compliance with the State Building Codes is
mandatory pursuant to California Health and Safety Code Sections 17960 and 17961. The
fundamental purpose of building codes is to ensure that structures are constructed to an appropriate
minimum standard and are safe for the uses intended. Building codes exist in order to protect the life,
health and safety of the public who will inhabit the buildings. With this adoption ordinance and
amendment to County Ordinance Code, Chapter 26 "Buildings", Butte County is providing compliance
with state law, as well as making administrative exceptions to accommodate existing local procedures
and to avoid conflicts with state law. The proposal now before the Board will bring Chapter 26 into
compliance with the California Building Standards Code published by the State in July 2013, with an
effective date of January 1, 2014.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES AND NANCY SPRINGER, BUILDING
DIVISION MANAGER, PROVIDED A REPORT.
MOTION: I MOVE TO INTRODUCE ORDINANCE AND WAIVE FIRST READING. (MOTION: KIRK; SECOND:
LAMBERT)
VOTE: Motion carried 3 -2
YEA: Supervisor Lambert, Supervisor Connelly, Supervisor Teeter
NAY: Supervisor Wahl, Supervisor Kirk
1319-008 9:30 a.m. - Public Hearing - Discussion of Community Development Block Grant (CDBG) Planning and
Technical Assistance Activity, Countywide Tourism Strategy and Implementation Plan - On May 10,
2011, the Butte County Board of Supervisors approved submittal of a CDBG Economic Development
Planning and Technical Assistance Grant to complete a Countywide Tourism Strategy and
Implementation Plan (Tourism Strategy). In November 2011, the County was notified of the award of
the $35,000 grant. On August 14, 2012, the Board of Supervisors approved entering into a contract
with Applied Development Economics, Inc. for completion of the Tourism Strategy. The goal of the
Tourism Strategy is to develop a marketing and implementation plan that addresses the
recommendation for expansion of the tourism and recreation industry market in the Butte County
Region. Based on the approved grant and the proposed contract scope of work,the consultant was to
prepare a final report that includes: (1) Introduction, (2) Market Assessment, (3) Butte County
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/22/2013
Tourism SWOT Analysis, (4) Countywide Tourism Goals, (5) Countywide Tourism Action Plan, (6)
Countywide Tourism Marketing Implementation Plan, and (7) Evaluation of Alternative Funding
Sources and Recommendations. A Public Hearing is being held per CDBG requirements to provide
members of the public an opportunity to provide comments on the Tourism Strategy.
JENNIFER MACARTHY, ECONOMIC AND COMMUNITY DEVELOPMENT MANAGER PROVIDED A
REPORT.
MOTION: I MOVE TO ACCEPT FOR INFORMATION AND DIRECT STAFF TO PURSUE PUBLIC/ PRIVATE FUNDING TO
BEGIN IMPLEMENTATION. (MOTION:TEETER; SECOND: KIRK)
VOTE: Motion APPROVED 5 -0
1319-009 Table A Lease Agreements - Butte County has a State Water Project (SWP) water allocation of 27,500
acre feet per year referred to as Table A allocation. As part of the strategy to achieve fiscal stability,
the County has sought to enter into temporary lease agreements for unused portions of its Table A
allocation. On July 31, 2012, the Board of Supervisors approved a two-year agreement to lease the
County's unused Table A water to the Palmdale Water District (10,000 acre feet) and to the Westside
Districts (14,000 acre feet). In this agreement, Palmdale Water District and Dudley Ridge Water
District served as the lead agencies for the environmental review under the California Environmental
Quality Act (CEQA), and in anticipation of a lease extension through 2021, developed the appropriate
documents under CEQA addressing the transfer programs through 2021. In July 2012, Notices of
Determination (NOD) in compliance with Section 21108 or 21152 of the Public Resources Code were
filed with the State Clearinghouse. On July 31, 2012, the County adopted Resolutions 12-092 and 12-
093 certifying that it had reviewed the associated Negative Declarations, found them both adequate
for the purpose of entering into the Table A water lease agreements, and authorized participation in
the Table A lease program for 2012 and 2013 through the approval of the associated agreements. The
agreements with Palmdale Water District and the Westside Districts included an option to extend the
lease agreements through 2021 by a separate action. Requested is approval of agreements for an 8-
year extension of the Table A lease agreements with Palmdale Water District and Westside Districts to
2021.
PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION, AND VICKIE NEWLIN,
ASSISTANT DIRECTOR OF WATER AND RESOURCE CONSERVATION, PROVIDED A REPORT.
SUPERVISOR CONNELLY THANKED EVERYONE WHO ASSISTED WITH THE AREA OF ORIGIN
SETTLEMENT.
MOTION: I MOVE TO APPROVE AGREEMENT BETWEEN PALMDALE WATER DISTRICT AND COUNTY OF BUTTE
FOR LONG-TERM LEASE OF A PORTION OF THE COUNTY'S STATE WATER PROJECT TABLE A AND
AUTHORIZE THE CHAIR TO SIGN. (MOTION: KIRK; SECOND: WAHL)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/22/2013
MOTION: I MOVE TO APPROVE AGREEMENT BETWEEN WESTSIDE DISTRICTS AND COUNTY OF BUTTE FOR
LONG-TERM LEASE OF A PORTION OF THE COUNTY'S STATE WATER PROJECT TABLE A AND
AUTHORIZE THE CHAIR TO SIGN. (MOTION: KIRK; SECOND: WAHL)
VOTE: Motion APPROVED 5 -0
1319-010 Establishing an Irrevocable Trust to Pre-Fund Other Post-Employment Benefits (OPEB) -The County of
Butte provides post-retirement health care benefits (also known as Other Post-Employment Benefits
or OPEB)for its eligible retirees until they reach age 65 or Medicare Supplemental Qualifying Age. The
County, like most State and local governments, has only funded the current year costs (referred to as
pay-as-you-go), not the costs for retiree health benefits earned, but not yet payable. The County,
only paying the current year's costs has resulted in a sizeable unfunded OPEB liability. With no assets
on deposit for benefits earned, but not yet payable, the annual amount charged to each department
for current retirees will grow substantially over time as the number of retirees increase, putting a
great burden on already stressed department budgets. Therefore, to address the unfunded OPEB
liability, the County Finance Work Team recommends the County establish an OPEB Trust under the
California Employers Retiree Benefit Trust program ("CERBT"), which will be used to fund OPEB costs
for current and future retirees.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER AND GREG ITURRIA, CHIEF FINANCIAL OFFICER,
PROVIDED REPORTS.
MOTION: I MOVE TO APPROVE THE STRATEGY AND DIRECT STAFF TO WORK WITH THE CALIFORNIA EMPLOYERS
RETIREE BENEFIT TRUST FUND TO ESTABLISH AN IRREVOCABLE TRUST WITH THE INTENT TO MAKE
CONTRIBUTIONS TO THE TRUST ANNUALLY STARTING IN THE FISCAL YEAR BEGINNING ON JULY 1,
2014. THE BOARD ALSO REQUESTS THAT THE PROJECTED FIGURES BROUGHT BACK TO THE BOARD.
(MOTION:TEETER; SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
PUBLIC HEARINGS AND TIMED ITEMS
1319-011 10:45 a.m. -Timed Item - Review of Ordinance 4051, Restrictions on Cultivation of Medical Marijuana
- On February 26, 2013, the Board of Supervisors adopted Ordinance 4051, Restrictions on Cultivation
of Medical Marijuana. At the time of its adoption the Board directed staff to return the ordinance in a
year's time for review and reconsideration. At the meeting of September 10, 2013, the Board
indicated its desire to begin discussions regarding possible amendments to the ordinance and
directed the item be returned for discussion. Submitted for Board consideration is a report that
summarizes the compliance efforts under the ordinance this first year, provides staff
recommendations for amendments to clarify or enhance areas of the ordinance, and reviews topics
for further consideration.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/22/2013
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, AND MARION REEVES, COMPLIANCE OFFICER,
PROVIDED A REPORT TO THE BOARD.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: TOM WOZNICK,THOMAS WAHL,
WESTON MICKEY, BOB EVANS,TOM KORBY, AND PATRICIA UCERE.
SUPERVISOR WAHL REQUESTED SHERIFF SMITH ADDRESS THE BOARD.
RE: OCCUPIED LEGAL RESIDENCE ASSOCIATED WITH CULTIVATION
MOTION: I MOVE TO REQUIRE EVERY PREMISES WHERE CULTIVATION OCCURS TO INCLUDE AN OCCUPIED
LEGAL RESIDENCE AND HAVE A PERMITTED PERMANENT WELL. (MOTION: LAMBERT; SECOND: KIRK)
VOTE: Motion APPROVED 5 -0
RE: LIMITATIONS ON WHO CAN FILE A COMPLAINT
MOTION: I MOVE TO ALLOW ANYONE TO COMPLAIN REGARDLESS OF PROXIMITY TO GROW SITE. (MOTION:
WAHL; SECOND:TEETER)
VOTE: Motion APPROVED 5 -0
RE: FINE AMOUNTS
MOTION: I MOVE TO INCREASE THE FINES TO$1,000 FOR 1IT VIOLATION AND$1,500 FOR SUBSEQUENT
VIOLATIONS. (MOTION: WAHL; MOTION FAILED TO CARRY TO FOR LACK OF SECOND.)
MOTION: I MOVE TO APPROVE THE STAFF RECOMMENDATION (DIRECT THE ORDINANCE BE AMENDED TO SET
THE ADMINISTRATIVE CIVIL PENALTIES AT$500 PER DAY FOR THE FIRST VIOLATION, AND $1,000 PER
DAY FOR EACH SUBSEQUENT VIOLATION.) (MOTION: KIRK; SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
RE: PERMITTED PLANTS- MATURE VS. IMMATURE DISTINCTION
MOTION: I MOVE TO APPROVE STAFF RECOMMENDATION. (DIRECT THE ORDINANCE BE AMENDED TO
ELIMINATE IMMATURE PLANT OPTIONS ON PARCELS OF 1.5 ACRES OR LARGER) (MOTION: TEETER;
SECOND: LAMBERT)
VOTE: Motion carried 3 -2
YEA: Supervisor Lambert, Supervisor Connelly, Supervisor Teeter
NAY: Supervisor Wahl, Supervisor Kirk
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/22/2013
RE: OVERALL PLANT COUNTS
MOTION: I MOVE TO APPROVE RECOMMENDATION OVERALL PLANT COUNT AS FOLLOWS:
• </= 0.5 ACRE PARCEL - NOT REGULATED BY PLANT COUNT (NO CHANGE FROM CURRENT
ORDINANCE)
• >/ 0.5 -<1.5 ACRE PARCEL—6 PLANTS(NO CHANGE FROM CURRENT ORDINANCE)
• _/> 1.5 -<3.0 ACRE PARCEL— 9 PLANTS
• _/>3.0 -<5.0 ACRE PARCEL— 12 PLANTS
• _/>5.0 -<10.0 ACRE PARCEL—24 PLANTS
• _/> 10.0 -<20.0 ACRE PARCEL—33 PLANTS
• _/> 20.0 -<40.0 ACRE PARCEL—48 PLANTS
• _/>40.0 ACRE PARCEL-48 PLANTS (MOTION: KIRK; SECOND: LAMBERT)
VOTE: Motion carried 3 -2
YEA: Supervisor Kirk, Supervisor Connelly, Supervisor Lambert
NAY: Supervisor Teeter, Supervisor Wahl
MOTION: I MOVE TO DIRECT STAFF TO COME BACK AND GIVE A BRIEFING ON EACH OF THE SURROUNDING
COUNTIES' CURRENT POT ORDINANCES.(MOTION: WAHL; SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
RECESS
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 - 10/22/2013
THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES
OCTOBER 22, 2013
MINUTES
CALL TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
Trustees present: Supervisors Connelly Wahl, Kirk, Lambert and Teeter
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(each speaker limited to five minutes) (NONE)
ADJOURNMENT
Adjourned as the Thompson Flat Cemetery District Board of Trustees and
reconvened as the Butte County Board of Supervisors.
PAGE 13
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/22/2013
1319-012 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 INDIVIDUALS ADDRESSED THE BOARD: THOMAS WAHL, DAN LEVINE, BONNIE
MASERIK,AND DAVE MASERIK.
1319-013 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO
GOVERNMENT CODE SECTION 54957: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 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;
CONFIDENTIAL UNIT;
PPOA- MANAGEMENT UNIT;
NON-REPRESENTED UNIT
PAGE 14
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/22/2013
3. INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(4) - U.S. FOREST
SERVICE/PLUMAS NATIONAL FOREST TRAVEL MANAGEMENT PLAN.
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
NOVEMBER 5, 2013.
PAGE 15