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Meeting:
Board of Supervisors
Meeting Time: January 26, 2016 at 9:00am PST
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Closed for Comment January 25, 2016 at 4:00pm PST
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Agenda Items
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January 26, 2016 Board of Supervisors Agenda
1. 9:00 a.m. - Call to Order
Pledge of Allegiance Observation of a Moment of Silence
2. Corrections and/or Changes to the Agenda
3. Consent Agenda
3.01* Appointment to the Paradise Cemetery District - Supervisor Teeter nominates Nancy Rogers to fill the remainder of a term for a vacant Trustee position. This vacancy is the result of a resignation - action requested - APPOINT NANCY ROGERS AS TRUSTEE TO A TERM TO END JULY 31, 2016. (Board of Supervisors)
3.02* Appointment to the Kimshew Cemetery District - Supervisor Teeter nominates Diane Hoffman to fill the remainder of a term for a vacant Trustee position. This vacancy is the result of a resignation - action requested - APPOINT DIANE HOFFMAN AS TRUSTEE TO A TERM TO END JULY 1, 2018. (Board of Supervisors)
3.03* Capital Asset Surplus - The Clerk-Recorder Department requests the Board of Supervisors to declare surplus several capital assets as detailed on the staff report, including various printers, scanners, a server rack, and a security system. The surplus equipment is no longer useful to the Clerk Recorder Division in any capacity - action requested - 1) DECLARE CAPITAL ASSET ITEMS SURPLUS TO THE NEEDS OF THE COUNTY; AND 2) DIRECT THE ITEMS TO BE REMOVED FROM THE CAPITAL ASSET INVENTORY LIST; AND 3) AUTHORIZE DISPOSAL IN ACCORDANCE WITH COUNTY POLICY. (Clerk-Recorder)
3.04* Employment Contract - Director, Child Support Services - The Board of Supervisors is requested to approve the Employment Contract with Sean Farrell, Director - Child Support Services. The annual salary for the position is $150,233, with a 2% increase effective February 11, 2017. The term of the contract is February 13, 2016 through February 12, 2019 - action requested - APPROVE THE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
3.05* Continuation of Local Drought Proclamation - On July 22, 2015, the Chief Administrative Officer declared a local emergency caused by drought, which was proclaimed by the Governor on January 17, 2014. On July 28, 2015 the Board of Supervisors reaffirmed and ratified the proclamation of local emergency associated with drought. State law requires that the Board of Supervisors review the need for continuing the local emergency every 30 days. As the state continues through its fifth year of drought, Butte County is feeling the effects as there continue to be landowners with dry wells. At this point, the final duration of the emergency has not yet been determined - action requested - CONFIRM THE NEED FOR CONTINUING THE PROCLAMATION OF A LOCAL EMERGENCY; AND ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN. (County Administration)
3.06* Approval of Minutes - action requested - APPROVE NOVEMBER 24, 2015 MINUTES. (County Administration)
3.07* Contract for Legal Representation to Retain Attorney Services - David Kennedy, Children Services - Request approval of and authorize the Chair to sign a tenth amendment to Agreement to Retain Attorney Services between County of Butte and David Kennedy for services performed relating to Children's Services Division. This amendment specifies that Mr. Kennedy provide the following services: representation of Children Services on appeals and writs as assigned; review of the clerk's transcript and reporter's transcript; and subsequent preparation of any required responsive briefs. For such additional representation, Mr. Kennedy shall be compensated at a rate of $100 per hour, up to $1,000 per appeal or writ. The effective date of this amendment is January 26, 2016 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY AUDITOR-CONTROLLER. (County Counsel)
3.08* Third Amendment to Agreement to Retain Attorney Services - Porter-Scott - Request approval of a third amendment to Agreement to Retain Attorney Services with Porter-Scott. The amendment increases the hourly rate for legal services performed to: Partners: $205, Associates: $190 and Paralegals and Law Clerks: $100. The effective date of these changes is January 1, 2016 - action requested - APPROVE AND RATIFY AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY AUDITOR-CONTROLLER. (County Counsel)
3.09* Contract for Legal Representation of the County of Butte (DESS, Children Services) - Fritzgerald Javellana - Request approval of an agreement with Fritzgerald Javellana for attorney services for County of Butte Department of Employment and Social Services (DESS)/Children Services relating to legal counsel regarding a wide variety of legal and administrative issues. Compensation is $6,003.96 per month, and the term of the agreement is January 26, 2016 to June 30, 2018. This replaces the contract with Kimberly J. Merrifield who has been appointed to the Butte County Superior Court - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY AUDITOR-CONTROLLER. (County Counsel)
3.10* Adoption of an Ordinance Amending Butte County Code Section 35-5 of the Butte County Code entitled "Right to Farm Ordinance" - In 2015, the California Legislature enacted Senate Bill 643, and Assembly Bills 243 and 266, which, among other things, established the Medical Marijuana Regulation and Safety Act (codified as California Business and Professions Code sections 19300 et seq.). As part of Assembly Bill 243, section 11362.777 was added to the California Health and Safety Code, which states that for purposes of section 11362.777 of the Health and Safety Code, as well as Chapter 3.5 of the California Business and Professions Code, medical cannabis is an agricultural commodity. The proposed amendment to the Butte County's Right to Farm ordinance as set forth in Chapter 35 of the Butte County Code would confirm that for purposes of the County's Right to Farm ordinance, the cultivation of marijuana is not an agricultural operation - action requested - ADOPT ORDINANCE AND AUTHORIZE CHAIR TO SIGN. (County Counsel)
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