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HomeMy WebLinkAboutM111213 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 11/12/2013 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. (NONE) 1321-001 CONSENT AGENDA 1. Tri County Treatment - Amendment B - Tri County Treatment is a drug rehabilitation facility where persons suffering from chemical dependency can re-establish their lives in a structured, private live-in facility.Tri County Treatment specializes in residential short-term (30 days or less) and residential long- term (30 days or more) substance abuse treatment programs. Approval is requested to amend the agreement with Tri County Treatment to provide additional residential services and alcohol and drug free housing needed for client placements through FY 2013-14.The term of this agreement is extended and will terminate on June 30, 2014 as a result of competitive solicitation. The maximum financial obligation under this agreement shall not exceed $111,565.43 (this is an increase of$20,872.52 for FY 2013-14). 2. Funding Assistance Agreement with Butte County Fair Association - In December 2012, the Board of Supervisors approved a $75,000 funding assistance agreement with the Fair Association for calendar year 2013 due to the elimination of State funding for fairs throughout the State. The one-year funding assistance agreement required the Fair Association to provide a business plan to the County by September 30, 2013 showing financial stability within three years.To date in 2013, the Fair Association has been able to cover its costs with a combination of annual revenues and net profits from prior years, and did not have to access any of the funding assistance provided by the County. The County received the business plan, which reflects realistic goals for enhancing annual revenues and reducing annual costs, along with an intriguing plan for long-term viability of the Fairgrounds. A presentation of this plan will be provided at a future Board meeting. Based on the business plan provided, and the fact that the Fair Association has not had to utilize the funds in 2013, staff recommends that the Board consider a $50,000 funding assistance agreement as a safety net for the Fair Association for calendar year 2014. The Fair Association does not anticipate needing to access any safety net funding prior to July 1, 2014, so no additional appropriations are needed in the FY 2013-14 budget. If funding assistance is approved by the Board of Supervisors, it will be included in the FY 2014-15 Recommended Budget. 3. Amendment to Employment Contract - Director, Employment and Social Services - Board approval of a third amendment to the contract with Cathi Grams, Director, Employment and Social Services, is requested. Cathi Grams has agreed to serve as the Interim Behavioral Health Director for a term up to six months from November 30, 2013 through May 31, 2014. Compensation for the additional assignment will be 35% above Ms. Grams' base pay, which is $159,558.10, for an additional monthly BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 11/12/2013 payment of$4,653.78 during the period she serves in the temporary assignment. The monthly rate will be pro-rated for any partial month worked.There are no commensurate changes in benefits associated with this temporary assignment. 4. Authorize Amendment to Contract with Access Information Management - The District Attorney's Office currently uses Access Information Management to provide secure shredding services. An amendment to the contract is requested to continue the statutorily required service. The end date of the current contract is June 30, 2013. The District Attorney's office wishes to revise the completion date of the contract to June 30, 2014, and increase the not-to-exceed price by $2,300. The total not- to-exceed amount of$16,664 is over the seven year life of the contract. 5. Community Cost Share Account and Resolution - The fire department is requesting that the Board of Supervisors approve changes in the Community Cost Share Program (CCSP) that improve the fire department's ability to purchase new fire equipment to deploy to volunteer companies throughout the county. The requested changes will reduce the average age of the Butte County Fire Department (BCFD) volunteer-operated fire apparatus fleet and maintenance costs. The fire department is also requesting that up to $10,000 per year may be withdrawn from the CCSP specifically to aid in the maintenance of BCFD volunteer company operated fire apparatus. Specific changes to the CCSP are as follows: 1) Change the current cost share ratio from 50% CCSP funds-50%volunteer company funds to 95% CCSA funds-5% volunteer company funds; 2) Allow the 5% company amount to include in-kind contributions by the company. This would allow a company with difficulty raising the 5%cost share to provide in-kind contributions such as equipment and/or personnel time to help get the new apparatus in service. In-kind contributions would be approved by the BCFD Fire Chief on a case by case basis; 3) Allow the BCFD to use up to $10,000 of CCSP funds per fiscal year to assist specifically with maintenance of the BCFD volunteer company operated equipment; and 4) At no time will the CCSP account be allowed to go below$250,000 without approval from the Board of Supervisors. 6. Award of Contract for Countywide Fire System Testing and Maintenance - Every three years, General Services Staff requests quotations for fire system testing and monitoring services. These services include cleaning, examining and adjusting building fire protection system components on various County buildings. On August 20, 2013, an Invitation for Bid was issued. Three firms responded, with quoted prices for the three years of service ranging from $59,700 to $315,364. Wilgus Fire Control, Inc. was the lowest responsive bidder, with a three-year cost of$59,700, and an annual cost of$19,900,for the seventeen County Buildings to be serviced. The term of the agreement is December 1, 2013 through November 30, 2016. 7. Budget Adjustment for Behavioral Health Department, 109 Parmac Road Facility Modifications - The Behavioral Health Department has requested a facility modification for their administrative area located at 109 Parmac Road in Chico.The changes in this leased facility are necessary to accommodate additional space that has been acquired, and to provide for greater employee efficiency. These modifications will provide access between the three suites, new fire rated doors, and a path of travel between Suite 1 and Suite 2. In addition, a new Uninterruptible Power Supply (UPS) will be installed to better support the Department's critical servers and digital data in the event of power failure. Construction costs are estimated at $40,600 and funds are available in the FY 2013-14 Behavioral Health budget. PAGE 2 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 11/12/2013 8. Budget Adjustment for the Probation Juvenile Hall Security System Upgrade - On April 23, 2013, the Board of Supervisors approved a contract with P2 ABC Controls to construct security system improvements to the Juvenile Hall facility at 41 County Center Drive. These improvements include upgrades to the Central Control Room, upgrades to the Programmable Logic Controller, installation of 133 cameras and the installation of proximity cards and electronic access control components. It was anticipated that the first milestone of the project, with an associated cost of $32,000 would be completed and paid for by the end of FY 2012-13. However, as the project developed, the work was not completed by the end of the fiscal year, and the $32,000 associated with the project was not re- appropriated in the current fiscal year. The project will be funded by Youth Offender Block Grant restricted cash. No General Fund resources are necessary. 9. Award of Contract with Disability Access Consultants for Updating the County Accessibility Self- Evaluation and Transition Plan - In 1998, and in compliance with the Americans with Disabilities Act (ADA), the County completed an Accessibility Self-Evaluation and a Transition Plan to identify existing barriers to accessibility and to establish a plan to improve access to County facilities for the public and for employees. Since that time, the County has completed approximately $3,000,000 in projects specifically addressing barriers to accessibility. In addition, the County has continued to identify new opportunities to improve accessibility and has dedicated a portion of all construction-related project funding to improving accessibility throughout the County. The original Self-Evaluation and Transition Plan have become nearly obsolete and require updating. Staff recommends awarding a $59,850 contract to Disability Access Consultants, a local accessibility firm specializing in ADA and California Accessibility compliance (Title 24, Part I, Volume I, Chapter IIB), to update County plans. Under the terms of the agreement, Disability Access Consultants will inspect County facilities, develop a gap analysis, and assist the County in obtaining public input and in developing a Transition Plan to help the County implement improvements. Funding for this project comes from a Community Development Block Grant and is included in the General Services FY 2013-14 budget and no additional appropriation is required. 10. Lease Origination - 1370 Ridgewood Drive, Chico Suite 22, with The Garian Partnership for Occupancy by the Butte County Department of Probation - Butte County Department of Probation, through its Community Counseling Center located in Oroville, has been providing a variety of educational programs to address barriers to employment and acceptance. This vocational training offers community service programs, life skills, substance abuse classes,family support and education, all with the goal to reduce recidivism and to assist these individuals with a successful transition back into the community. The Department now seeks to expand these services in Chico with the addition of a new leased facility located at 1370 Ridgewood Drive. The new lease is for approximately 4,000 square feet of office space, with a rate that will remain fixed at$0.80 per square foot,for a total monthly payment of $3,200 over the 3 year term. The term of the agreement is December 16, 2013 through December 31, 2016, and includes the option to extend for an additional sixty-month period. Funding for this lease is included in the FY 2013-14 budget and no additional appropriation in required. 11. Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance. These changes will leave the total allocations in the County unchanged. The following are the sections of the Salary Ordinance to be amended: PAGE 3 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 11/12/2013 DESS: The Department of Employment & Social Services is requesting to extend a current limited term position of Administrative Analyst, Senior/Administrative Analyst/Administrative Analyst, Associate from December 31, 2013 to June 30, 2014. This position continues to be needed to provide continued oversight of the IHSS Case Management and Payrolling System (CMIPS II) implementation activities. Funding for this position is fully covered through CMIPS II Implementation Allocations provided by the State. These changes will leave the total allocations in the department unchanged and have no fiscal impact on the County General Fund. Human Resources: The Human Resources Department is requesting to delete the classification of Behavioral Health Forensic Clinician (bi-weekly salary: $1,740.86-$2,332.91) from Section 57, Reference E of the Salary Ordinance titled, "Management, Confidential and Supervisory (BCMEA) Unit Classifications" and add the classifications of Behavioral Health Forensic Clinician I (bi-weekly salary: $1,616.56-$2,166.35); Behavioral Health Forensic Clinician II (bi-weekly salary: $1,740.86-$2,332.91); and Supervisor, Psychiatric Nurse (bi-weekly salary: $2,341.27-$3,137.54). These changes have been agreed to by Human Resources and the applicable Employee Association. Behavioral Health: Concurrent with Human Resources' request above, the Behavioral Health Department is requesting to delete one vacant position of Behavioral Health Forensic Clinician and add one flexibly staffed Behavioral Health Forensic Clinician II/I. This change in classification will give the department greater success when recruiting for applicants with experience in the forensic field. In addition the department requests to delete one position of Supervisor, Nurse/Staff Nurse, Senior and add one position of Supervisor, Psychiatric Nurse. This new classification was created to allow the department the ability to attract more nursing candidates that have previous experience in the psychiatric field. Any increase in costs associated with this change will be covered in the department's FY 2013-14 budget. These changes will leave the total allocations in the department unchanged and have no fiscal impact on the County General Fund. 12. Immunization Assistance Program Agreement - The California Department of Public Health has made available 100% federal funding in the amount of $256,044 for the Immunization Assistance Program. The funds will be utilized to cover specific activities that will raise the immunization levels of infants, preschool age and school age children. Prevention, surveillance and outbreak control activities will reduce illness, disability and death due to vaccine preventable diseases such as polio, diphtheria, tetanus, pertussis, hepatitis B and many others. The term of the agreement is July 1, 2013 through June 30, 2017 with a maximum amount receivable of$256,044($64,011 per fiscal year). 13. Grant Agreement with State of California Department of Public Health for Oversight and Enforcement of Small Public Water Systems - Approval is requested for a revenue agreement in the amount of $270,000 with the State of California Department of Public Health (CDPH)for the provision of oversight and enforcement of federal and state regulations on small public water systems (less than 200 service connections) located within Butte County. Funds can be used over multiple years until depleted to help offset costs related to the permitting, inspection, monitoring, electronic reporting of data to the State, etc. relating to the 93 small public water systems that Public Health has been assigned oversight. In order to receive funding, that the State is requesting that the following three documents be approved: 1) Local Primacy Delegation Agreement (LPDA):This agreement formalizes the delegation of oversight responsibility and required duties from the State to Public Health. This agreement supersedes the current LPDA that has been in place since 1993; 2) Grant Funding Agreement: This agreement describes the milestones that Public Health must meet in order to receive the $270,000 in PAGE 4 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 11/12/2013 funding and what purposes that funding may be used for in the future. The Grant Funding Agreement also requires the County enter into a Fiscal Agent Agreement; 3) Fiscal Agent Agreement: The Grant Funding Agreement requires that a Fiscal Agent enter into a Fiscal Agent Agreement with CDPH to be contractually obligated to hold the grant funds in a restricted account and to only withdraw the money when directed to do so by CDPH.The Auditor-Controller has agreed to fill the role of Fiscal Agent. Each of the three agreements is subject to review by County Counsel and the Auditor-Controller. 14. Adoption of Plans and Specifications for the Construction of North County Public Works Yard - The existing Public Works (PW) facility, located at the intersection of 20th and Locust Streets in the City of Chico, was purchased in 1923 and was last remodeled in 1946. The improvements are past the end of useful life and the site is unable to support the needs of the department, even with further remodeling. The Butte County Capital Improvement Program (CIP) provides for a replacement facility, and in March of 2002 the department purchased an unimproved 2.66 acre parcel on Bellarmine Court in South Chico for use as the new North County Public Works Facility. In February of 2012,the Board of Supervisors approved a contract with Nichols, Melburg & Rossetto, a Chico Architectural and Engineering firm,to work with Public Works and General Services to design the facility. The goal of the design team was to deliver a facility that was equivalent to a "Leadership in Energy and Environmental Design" (LEED) Silver level of quality in accordance with General Plan 2030. Because of the unique LEED equivalent design challenges for the large (60% of the building footprint) vehicle shop area with its numerous roll up doors, the design team was unable to reach its goal. However, the project exceeds the Green Building Code requirements and incorporates innovative products and processes to adhere to the principals of environmental sustainability. Additional information on the facilities LEED equivalency can be found in the staff report. At this time, Public Works and General Services recommends adoption of the plans and specifications (available in General Services Office), authorize General Services to advertise and solicit bids for the project, and appoint the Director, General Services, or his designee, Officer of the Project. 15. Agreement with Crowe Horwath for Refuse Collection Rate Study-On June 14, 2011 and December 11, 2012, the Board of Supervisors directed staff to work with the County licensed waste collection companies regarding the establishment of franchised collection areas that would result in additional waste delivered to the County-owned and operated Neal Road Recycling and Waste Facility (NRRWF). Increased revenues generated from the associated gate fees are necessary to meet the objectives stated in the NRRWF Strategic Plan. To date, the County's consultant (NewPoint Group/Crowe Horwath) has reviewed and tested the licensed waste hauler's customer data, identified proposed franchised service areas based on a concept of revenue neutrality for each of the three County licensed waste haulers, assisted staff with negotiations with each waste hauler, developed a rate methodology and draft franchise agreements. The consultant has analyzed each hauler's existing collection rates within each of the three proposed franchise service areas and determined that a range of collection rates exist in some areas. The consultant and staff discussed the issue and decided that rather than take an average rate, or some other calculation based on current rates, it would be appropriate to conduct a study to determine a base year collection fee for each service area based on the cost and level of service according to the proposed rate methodology. After the negotiated franchise agreements are completed and a proposed base year collection fee calculated, staff could then bring a complete package to the Board for consideration.The cost of the agreement is $44,980 for FY 2013-14. To fund the agreement, a budget transfer from the NRRWF Fund Balance of$44,980 is needed. PAGE 5 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 11/12/2013 16. Technical Advisory Committee Appointment-The Groundwater Conservation ordinance (Chapter 33 of the Butte County Code) has provisions regarding the membership of the Technical Advisory Committee (TAC) and how its members are appointed. The ordinance defines the TAC as a seven person committee nominated by the Butte County Water Commission and appointed by the Board. TAC members must have substantial expertise in water management or hydrology. A vacancy on the TAC resulted from the resignation of one of its members, Matt Colwell. On November 6, the Butte County Water Commission voted unanimously to recommend that the Board of Supervisors appoint Eric Miller to the TAC. 17. Appointments in Lieu of Election - Various Special Districts - 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. The following special districts have certified that the number of persons who filed Declarations of Candidacy for positions of Director did not exceed the number of positions to be filled: Biggs-West Gridley Water District, Butte Water District, Drainage District No. 200, Lake Madrone Water District, Reclamation District No. 833, Richvale Irrigation District, Sacramento River Reclamation District, and the Western Canal Water District. It is requested that the Board appoint the nominees who are listed in the staff report. The nominees who are appointed will take office at noon on December 6, 2013 for the new term and serve exactly as if elected. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. (MOTION: KIRK; SECOND:TEETER) VOTE: Motion APPROVED 5 -0 REGULAR AGENDA 1321-002 Boards, Commissions and Committees 1. Appointments to Listed Vacancies 2. Board Member Appointment to Local Agency Formation Commission (LAFCo) -On April 26, 2011, Supervisor Lambert was appointed as a LAFCo Commissioner with a 2-year term which ended in May 2013.The new term for this Commission seat will be for four years. MOTION: I MOVE TO APPOINT SUPERVISOR LAMBERT TO A TERM TO END MAY 31, 2017. (MOTION: KIRK; SECOND:TEETER) VOTE: Motion APPROVED 5 -0 PAGE 6 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 11/12/2013 3. 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 TEETER REQUESTED THE BOARD CONSIDER THAT BUTTE COUNTY FORM A CITIZENS' GROUP AND/OR COMMITTEE WITH MEMBERS OF THE PUBLIC AND COUNTY STAFF IN ORDER TO COORDINATE WITH THE PLUMAS NATIONAL FOREST AND US FOREST SERVICE ON PLANNED ACTIONS. SUPERVISOR CONNELLY REPORTED ON THE NOVEMBER LAFCO MEETING. 1321-003 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT. 1321-004 Financial Report for Fourth Quarter FY 2012-13 and First Quarter FY 2013-14-The Financial Report for Fourth Quarter FY 2012-13 and First Quarter FY 2013-14 provides economic, expenditure, revenue, cash balance, long-term debt and summary information for the periods ending June 30, 2013 and September 30, 2013. The report includes tables and graphs of historical data to help provide context and demonstrate trends in the economy, expenses, revenues and balances. GREG ITURRIA, CHIEF FINANCIAL OFFICER, PROVIDED A REPORT TO THE BOARD. THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN. 1321-005 9:30 a.m. - Public Hearing - Discussion on the Community Development Block Grant (CDBG) Planning and Technical Assistance for the Phase 1 Master Plan for Urban Street Improvements in the Unincorporated Area of South Oroville - On May 10, 2011 the Butte County Board of Supervisors approved the submittal of a CDBG Economic Development Planning and Technical Assistance Grant to complete Phase 1 Development of the Master Plan for Urban Street Improvements in the unincorporated area of South Oroville in Butte County (Phase 1 Master Plan). In November 2011,the County was notified of the approval of the grant in the amount of$70,000. The Phase 1 Master Plan is for existing and future drainage and street improvements based on drainage studies and anticipated traffic flow patterns in the area. The plan includes more detailed designs for Lincoln Boulevard and Myers Street, as well as the intersection of Myers Street and Oro-Bangor Highway. The Master Plan will assist in taking advantage of any future funding opportunities as well as enhance coordination efforts with the City of Oroville on future joint planning efforts. The Master Plan will also assist the utility companies on proposed projects to underground the overhead wires on Myers Street. A public hearing is being held per CDBG requirements to provide members of the public an opportunity to provide comments on the Phase 1 Master Plan. CASEY HATCHER, MANAGER OF PROGRAM DEVELOPMENT, AND MIKE CRUMP, DIRECTOR OF PUBLIC WORKS PROVIDED REPORTS. PAGE 7 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 11/12/2013 THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN. 1321-006 9:45 a.m. - Timed Item - Demonstration of Geographic Information System Parcel Lookup - Butte County's existing parcel lookup system, Butte County Street Knowledge, was developed and maintained by an outside contractor. That system is no longer supported by its developer and the server on which it was located is unavailable. The Information Systems Department has worked with the Department of Development Services to create a new parcel lookup system, which will be maintained by County staff. The system provides a map-based graphic user interface and up-to- date aerial imagery and topographic mapping. A parcel lookup system is an important service offered by Butte County to property owners, the real estate industry, builders and developers. System users are able to enter either the address or Assessor's Parcel Number of a property and receive information including: its location in a city or the unincorporated County; County Supervisor; General Plan and zoning information; floodplain and floodway mapping information; and fire responsibility areas. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, PROVIDED A REPORT. THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN. 1321-007 Adoption of an Ordinance Amending Butte County Code Chapter 26 Entitled "Buildings" in Order to Adopt the "2013 California Building Standards Code" - On October 22, 2013 the Board of Supervisors took action on the introduction of an ordinance to adopt the 2013 Building Codes and waive first reading and adopt the 2013 California Code of Regulations. At that meeting, the Board requested staff to bring back bulleted key code changes/revisions of these codes for review on November 5, 2013. At the November 5 meeting, the Board directed staff to bring additional information associated to key code item "Rainwater Catchment" (a new chapter in the 2013 California Plumbing Code). The next step in the approval process is for the Board of Supervisors to consider the final adoption of the ordinance. The ordinance will become effective 30 days after adoption. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, PROVIDED A REPORT. MOTION: I MOVE TO ADOPT THE ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (MOTION:TEETER; SECOND: LAMBERT) VOTE: Motion APPROVED 5 -0 1321-008 10:30 a.m. - Proposed Amendments to Ordinance 4051, Restrictions on Cultivation of Medical Marijuana - At the meeting of October 22, 2013, the Board of Supervisors considered staff recommendations for amendments to Ordinance 4051, Restrictions on Cultivation of Medical Marijuana. Following the presentation of those recommendations, public input and discussion,the Board provided direction on each of the proposed amendments and gave staff direction on other PAGE 8 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 11/12/2013 areas of the ordinance to be revised. The Board also directed that additional information be provided and returned with the draft amendment for further discussion and consideration. In response to those directives, staff has prepared two separate proposed amendments to the ordinance which incorporate the directed changes, using two different approaches, and submits additional information as requested by the Board. 1) INTRODUCE AND WAIVE THE FIRST READING OF PROPOSED ORDINANCE AMENDMENT A; -OR- 2) INTRODUCE AND WAIVE THE FIRST READING OF PROPOSED ORDINANCE AMENDMENT B AND PROVIDE STAFF DIRECTION ON THE REMAINING THREE ISSUES NOT INCLUDED IN PROPOSED ORDINANCE AMENDMENT B; -AND/OR- 3) PROVIDE STAFF ADDITIONAL DIRECTION ON CHANGES, REVISIONS OR FURTHER ACTIONS OR INFORMATION NEEDED RELATING TO THE AMENDMENT OF ORDINANCE 4051. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT. THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: SHIRLEY REAVES, SHARI SUMMERS, CHRIS SUMMERS, LOUIS ROTAR, SUE NELSON, DEBRA INGELSTON, EVERETT GRIMMINGER, THOMAS WAHL, PAT JONES, MARY KENNEDY, BETTY SCHUMACHER, DAVID PALMERLEE, PATRICIA LUCERE, DIANNA WRIGHT, DEE HUNTER, ROB MACKENZIE, ANDREW MERKEL, ROCK GILE, DAN LEVINE, MAXINE MALTA,WILLIAM , BOB EVANS, GEORGE MENAS, WENDELL VANTINE,JIMMY STRACHA, AND, DR. ROSEN, MOTION: I MOVE TO WAIVE THE FIRST READING OF THE ORDINANCE AMENDMENT A WITH NO LIMITATIONS ON WHO CAN FILE A COMPLAINT; WITH THE PLANT COUNTS REMAINING AT 8 IRREGARDLESS OF WHETHER THEY ARE IMMATURE, MALE OR FEMALE; AND THE NUMBER OF PERMITTED PLANTS ON ANY PARCEL AT NUMBER 8; AND IT WILL BE REVISITED NEXT YEAR. (MOTION: WAHL; MOTION FAILED TO CARRY FOR LACK OF SECOND.) MOTION: I MOVE TO INTRODUCE AND WAIVE THE FIRST READING OF THE PROPOSED ORDINANCE AMENDMENT B. (MOTION: LAMBERT; SECOND: KIRK) VOTE: Motion carried 4- 1 YEA: Supervisor Lambert, Supervisor Connelly, Supervisor Kirk, Supervisor Teeter NAY: Supervisor Wahl 1321-009 PUBLIC COMMENT (each speaker limited to five minutes) THOMAS WAHL AND DAN LEVINE ADDRESSED THE BOARD. PAGE 9 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 11/12/2013 1321-010 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 4. 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 3. ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) -4 CASES: 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. COUNTY OF BUTTE v. BRUMFIELD, RONALD; BUTTE COUNTY SUPERIOR COURT CASE No. 160073; 3. COUNTY OF BUTTE v.JACKSON,JOSHUA; BUTTE COUNTY SUPERIOR COURT CASE No. 160075;AND 4. COUNTY OF BUTTE v. LLL RANCH LLC(DAN LEVINE); BUTTE COUNTY SUPERIOR COURT CASE No. 160072 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 DECEMBER 10, 2013. PAGE 10