HomeMy WebLinkAboutA012318 BUTTE COUNTY
MEMBERS OF THE BOARD
BOARD OF SUPERVISORS
BILL CONNELLY,DISTRICT 1
REGULAR MEETING AGENDA LARRY WAHL,DISTRICT 2
u MAUREEN KIRK,DISTRICT 3
JANUARY 23, 2018 STEVE LAMBERT,CHAIR,DISTRICT 4
C A L F SAF R t4 I A "` DOUG TEETER,DISTRICT 5
9:00 AM
SHARI MCCRACKEN
INTERIM CHIEF ADMINISTRATIVE OFFICER MEETING LOCATION BRUCE ALPERT,COUNTY COUNSEL
CLERK OF THE BOARD BOARD OF SUPERVISORS CHAMBERS
25 COUNTY CENTER DRIVE,SUITE 205
OROVILLE,CALIFORNIA 95965-3380
1. 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 Compliance Review of the Social Security Truncation Program - In compliance with California
Government Code section 27361, the Butte County Auditor-Controller's Office conducted an
agreed upon procedures review of the Butte County Clerk-Recorder's Social Security Number
(SSN) Truncation Program. This is the second of the two required program compliance reviews.
The review period was July 1, 2014 to December 18, 2017.The objectives of the review included:
1)to determine if funds generated by the program are used only for the purpose of the program;
2) to determine the progress of the County Clerk-Recorder in truncating recorded documents
pursuant to California Government Code section 27301; and 3)to estimate any ongoing costs to
the County Recorder in complying with the requirements of California Government Code section
27301,subdivisions(a)and(b).After reviewing all relevant SSN Truncation Program related cash,
revenue, and expenditure documents, staff determined the County Clerk-Recorder has used
funds generated by the SSN Truncation Program solely for purposes of the program. All costs
charged to the SSN Truncation Restricted Funds were program-related expenses.An adjustment
of$7,081.66 was made to include indirect overhead costs for the program —action requested -
ACCEPT THE PROGRAM REVIEW REPORT FOR THE COUNTY CLERK-RECORDER SOCIAL SECURITY
NUMBER TRUNCATION PROGRAM FORTHE PERIOD JULY 1,2014THROUGH DECEMBER 18,2017.
(Auditor-Controller)
3.02 No Place Like Home Program Technical Assistance Grant Agreement-The California Department
of Housing and Community Development (HCD) has approximately $6.2 million available in
funding for Technical Assistance (TA) grants for the No Place Like Home (NPLH) Program. The
NPLH Program provides loans and grants to counties investing in permanent supportive housing
for persons who are in need of mental health services and are experiencing homelessness,
chronic homelessness, or are at risk-of chronic homelessness within their jurisdiction. The
amount of the TA grant awards vary by county, based on population. Butte County Department
of Behavioral Health (BCDBH) received approval from the Board in June 2017 to complete the
application process and was awarded $100,000 in TA grant funding to be expended by June 30,
2020. BCDBH received the draft agreement on January 5, 2018. Approval is requested for an
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 23,2018
agreement with HCD for the provision of NPLH TA grant funding up to$100,000,and to authorize
the BCDBH Director or designee to sign the agreement — action requested — 1) APPROVE
AGREEMENT AND AUTHORIZE THE BCDBH DIRECTOR OR DESIGNEE TO SIGN; AND 2) ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health)
3.03 Agreement Amendment with Netsmart Technologies, Inc. - Netsmart Technologies, Inc. (NTST)
provides an electronic health record (EHR), which consists of practice management, electronic
clinical records,service billing to appropriate payers including Medi-Cal, managed care,eligibility
verification, and report writing for both mental health and substance use disorder services.This
EHR fully complies with the federal confidentiality standards required by the Health Insurance
Portability and Accountability Act of 1996. Approval is requested for an amendment to the
agreement with NTST. The amendment includes training, software upgrades, and annual
maintenance and license fees for existing software.The maximum financial obligation under this
agreement shall not exceed $3,187,897.69 (an increase of$11,611.50 for fiscal year [FY] 2017-
18 and $27,720 for FY 2018-19) —action requested -APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health)
3.04 Assignment of Butte County's Per Capita Portion of Private Activity Bonds to the Golden State
Finance Authority - The County participates through the Rural County Representatives of
California in the Golden State Finance Authority (GSFA). GSFA has developed a variety of
homeowner assistance programs to support its members. Each year the California Debt Limit
Allocation Committee(CDLAC)allocates to each county their per capita portion of private activity
bonds. The County, in the past, has passed that allocation on to the GSFA to be included in the
pool with their other members to be utilized for various housing programs. This year, the GSFA
is requesting the County pass their allocation along to them in order to be included as a
participating County in their Mortgage Credit Certificate Program (MCC).The GSFA is requesting
a letter directing the CDLAC to assign Butte County's 2018 allocation to GSFA for inclusion in their
MCC program. In addition,they are requesting the County approve Attachment K,certifying that
the MCC is consistent with the County's General Plan — action requested — 1) APPROVE THE
LETTER AND AUTHORIZE THE CHAIR TO SIGN;AND 2)APPROVE ATTACHMENT K AND AUTHORIZE
THE CHAIR TO SIGN. (County Administration)
3.05 Agreement with RLJ Solutions, LLC -The County was awarded 2014 Community Development
Block Grant (CDBG) funds to provide microenterprise technical assistance to low and moderate
income small businesses within the unincorporated areas of the County as well as the
incorporated cities of Oroville, Gridley, and Biggs. The assistance is provided through the Butte
County Business Incubator Program, which has been providing technical assistance to small
businesses in Butte County for more than a decade. RU Solutions, LLC was selected through a
Request for Proposals process to provide one-on-one technical assistance to small businesses in
areas such as marketing, strategic business planning, e-commerce, sales, and other technical
assistance services as needed.The County received an extension on the grant and this agreement
covers RLJ Solutions, LLC services through the new expenditure deadline of the grant. The term
of the agreement began November 1, 2017 and will terminate December 31, 2018. The
maximum financial obligation under this agreement shall not exceed $140,000 — action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (County
Administration)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 23,2018
3.06 Oroville Spillway Incident Mutual Aid - As a result of evacuations ordered during the Oroville
Spillway Incident in February 2017, a request for Law Enforcement Mutual Aid Assistance was
issued. Agencies from around the north state responded by dispatching personnel and
equipment to assist the Butte County Sheriff's Office during the evacuation. Other agencies also
assisted in the evacuation,transportation, and housing of Butte County inmates for the duration
of the incident. The County recently received reimbursement payments from the Federal
Emergency Management Agency and the State of California under the California Disaster
Assistance Act. Approval is requested for a budget adjustment to recognize unanticipated
revenues and increase General Fund appropriations by$1,050,000 to complete reimbursement
payment to agencies that provided mutual aid assistance during the Spillway Incident— action
requested -APPROVE BUDGET ADJUSTMENT(4/5 VOTE REQUIRED). (County Administration)
3.07 Contract with Brenden Blake for Indigent Criminal Defense - The County is required by law to
provide criminal defense representation for indigent defendants and juveniles. The County
provides this service through a contract with a consortium of local attorneys. One of the
consortium attorneys, Jesus Rodriguez, was appointed by Governor Brown to fill a judicial
position at Butte Superior Court. Mr. Rodriguez has given the required notice of his option to
terminate his existing contract. The Indigent Defense Services Consortium has nominated
Brenden Blake to replace Mr. Rodriguez effective January 12, 2018 through the end of the
existing term, June 30, 2018, to serve as a contracted public defender. The current annualized
contract for a public defender is $155,425 — action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (County Administration)
3.08 Waiver of Fees for Conditional Use Permit for Our Divine Savior Catholic Church - Our Divine
Savior Catholic Church requested the Board of Supervisors waive County fees associated with an
application for a conditional use permit for a proposed 2,404 square foot expansion of their
social hall located at 566 East Lassen Avenue in Chico (APN 007-220-014). The Church filed
applications for building permits and will file an application for a conditional use permit for the
proposed expansion. Butte County Code Section 1-18 allows the Board of Supervisors to waive
fees under certain circumstances: "The Board of Supervisors may waive all or part of any fee set
forth in the Butte County Code that they have the legal authority to waive, if the applicant is a
public entity or nonprofit charitable organization or if the Board of Supervisors finds that it is
otherwise in the public interest to do so." Requested County fees to be waived associated with
the conditional use permit total $9,574.78. Building Permit fees in the amount of$11,232.24 for
the proposed addition have already been paid. Conditional Use Permit(UP 85-47)was approved
for the existing social hall in 1985.The East Lassen Avenue area, including the Church, is currently
in the process of being annexed into the City of Chico. In consultation with the City of Chico
Community Development Department, staff determined the proposed expansion, if located in
the City at the time of the original Use Permit, would be eligible for approval as a minor change
to an approved project(Section 19.30.060(A.)of Chico Municipal Code). Due to the minor nature
of the proposed expansion, and that the Church property is currently in the process of
annexation to the City, staff recommends approval of the requested waiver of fees — action
requested- FIND THATTHE ROMAN CATHOLIC ARCHDIOCESE OF SACRAMENTO ISA NONPROFIT
CHARITABLE ORGANIZATION AND WAIVE COUNTY FEES FOR THE CONDITIONAL USE PERMIT.
(Development Services)
3.09 Award of Contract to DH Slater and Son, Inc., Improved Path of Travel for 5 and 7 County Center
Drive - As part of the County's commitment to improve accessibility, the current Year budget
includes funding for a project to improve the public path of travel to 7 County Center Drive. In
addition, the project will also repair non-serviceable parking in front of Public Works and
Development Services, add lighting to improve safety, and will also tie into the path of travel for
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 23,2018
5 County Center Drive. The final design of the project has been completed and General Services
issued a formal invitation for bids in accordance with Public Contract Code. A total of ten
responsive bids were received, ranging from a low of $242,121 to a high of $546,077. Staff
recommends that the Board approve the design, available for review in the General Services
Office, and execute a contract not-to-exceed $242,121 to Chico based DH Slater and Son, Inc. to
perform the construction—action requested—1) APPROVE THE PLANS AND SPECIFICATIONS; 2)
APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN; AND 3) APPOINT THE GENERAL
SERVICES DIRECTOR AS OFFICER OF THE PROJECT. (General Services)
3.10 Award of Contract to Duke Sherwood Contracting, Inc. for Construction of the Government
Campus Infrastructure Project - As indicated in the Capital Improvement Program, the utility
services within the Oroville Government Campus are not sufficiently meeting current and
planned occupancy. LPA Inc., the firm that assisted the County with the Oroville Government
Campus Master Plan in 2012, has now completed the final design for the first phase of
infrastructure construction, which includes the replacement of sewer lines, drainage lines with
required retention basins,and water lines through a majority of the campus.The design also calls
for the replacement of data conduit serving portions of the campus. General Services has
completed the formal solicitation and received four bids ranging from$1,873,389 to$2,243,000.
Staff recommends that the Board approve the plans and specifications, available for review in
the General Services Office, and award the$1,873,389 construction contract to Duke Sherwood
Contracting, Inc. Funding is included in the Adopted Budget — action requested — 1) APPROVE
THE PLANS AND SPECIFICATIONS; 2) AWARD THE CONTRACT AND AUTHORIZE THE CHAIR TO
SIGN; AND 3) APPOINT THE GENERAL SERVICES DIRECTOR AS THE OFFICER OF THE PROJECT.
(General Services)
3.11 Change Order Ratification, Notice of Completion and Budget Adjustment for 25 County Center
Drive Roof Project - Current year appropriations for the 25 County Center Drive roof and fall
protection system project totaled $747,541. This included appropriations for final design
development and project management along with approximately$711,405 in appropriations for
construction. On August 8, 2017, the County executed a $694,089 construction contract with
State Roofing Systems to complete the project. However, the project required a total of six
change orders totaling $28,070.92 resulting in a final construction cost of$722,159.92, which
exceeds total project appropriations by approximately $10,756. The largest change order,
totaling $21,715.92, was required to expand the on-site safety provisions during construction.
Staff recommends that the Board ratify all six change orders, accept the work as complete,direct
staff to record an executed Notice of Completion, and approve the budget adjustment to
decrease funding in the Fiber Reconstruction Project that was completed earlier this month
under budget and increase funding for the 25 County Center Drive roofing project — action
requested — 1) RATIFY THE SIX CHANGE ORDERS AND ACCEPT THE WORK AS COMPLETE; 2)
DIRECT STAFF TO FILE AN EXECUTED NOTICE OF COMPLETION; AND 3) APPROVE BUDGET
ADJUSTMENT. (General Services)
3.12 Approval of Capital Asset Purchase -Camper Shell for a Pickup Truck-Approval is requested for
the purchase of a camper shell to add to a pickup truck purchased by the Public Health
Department in FY 2016-17. The estimated cost of the item is $2,600. The Adopted FY 2016-17
Budget included the purchase of a camper shell, but the vehicle was received too late in the year
to be outfitted with the camper shell. Since the camper shell will be affixed to the vehicle, it
must be purchased under the County's capital asset guidelines—action requested—1)APPROVE
PURCHASE OF CAPITAL ASSET; AND 2)APPROVE BUDGET ADJUSTMENT. (Public Health)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—JANUARY 23,2018
3.13 Amendment to Grant Agreement with the State Department of Public Health for Emergency
Preparedness Program -The Public Health Department currently has a grant agreement with the
California Department of Public Health (CDPH) to provide funding for Butte County's Public
Health Emergency Preparedness, Pandemic Influenza and Hospital Preparedness Programs in the
amount of $1,401,957 for the period of July 1, 2014 through June 30, 2018. Funds from this
grant are utilized to develop and implement specific activities related to emergency
preparedness that are in accordance with the requirements of the Centers for Disease Control
and the Local Grant Application Guidance. Examples of grant activities include health care system
preparedness, volunteer management, emergency operations coordination, information
sharing, community preparedness, and program management. CDPH is amending the grant
agreement budget for the period of July 1, 2016 through June 30, 2018. The amended budget
shifts funds between categories to better compensate the County for actual services performed.
All other terms of the contract remain the same — action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Health)
3.14 Agreement with the State Department of Public Health for the Immunization Assistance Program
The California Department of Public Health (CDPH) is providing grant funding for the
Immunization Assistance Program.The funds are 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 help reduce illness, disability, and death due to
preventable diseases such as polio, diphtheria,tetanus, pertussis, hepatitis B, and many others.
The term of the agreement is July 1, 2017 through June 30, 2022, with a maximum amount
receivable of$332,160($66,432 per fiscal year)—action requested-APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Public Health)
3.15 Resolution Recognizing Scot Johnson Upon His Retirement from the Department of Public Works
Board approval is requested for a resolution recognizing Scot Johnson, Code Enforcement
Officer, upon his retirement from the Department of Public Works. Scot retired effective
December 29, 2017, after 28 years of distinguished service to the residents of Butte County and
the Department of Public Works—action requested -ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN. (Public Works)
3.16 Agreement Amendment with M.T. Hall & Associates, Inc. for Inspection Services at Neal Road
Recycling and Waste Facility, Septage Receiving Facility - On August 8, 2017, the Board of
Supervisors approved an agreement for Inspection Services at the Neal Road Recycling and
Waste Facility (NRRWF), Septage Receiving and Storage Facility Project with M.T. Hall &
Associates, Inc. After executing the agreement, it was discovered the liability limits for
Automobile Liability insurance were increased by the County from what M.T. Hall &Associates,
Inc. maintained for previous agreements with the County.Staff requested M.T. Hall &Associates,
Inc. provide estimates for additional costs to acquire the appropriate coverage and continue
work on the project. The increased costs are $2,699. The Department of Public Works requests
approval of Amendment No. 1 to the agreement with M.T. Hall &Associates, Inc.to increase the
not-to-exceed amount by$2,699 and extend the term six months to accommodate the delay in
work. The new not-to-exceed amount for the agreement is $146,059 — action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
3.17 Professional Services Agreement with Dokken Engineering for Design Services on the Centerville
2017 Storm Damage - The Department of Public Works executed a Request for Qualifications
(RFQ)to establish a list of firms to provide consulting services to repair the 2017 Centerville Road
Storm Damage site. The RFQ process established a list of three firms with the necessary
qualifications and expertise to perform this type of work. The firms' proposals were reviewed
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 23,2018
and scored by staff and then ranked as to the firms' specific expertise and ability to perform the
work. Dokken Engineering from Folsom was ranked the highest and selected to submit a scope
and budget to perform the work. Staff requests approval of an agreement with Dokken
Engineering for consulting services including, but not limited to, engineering surveying,
geotechnical analysis, environmental clearances and permitting, preliminary and final design,
cost estimates, and other services for the 2017 Centerville Road Storm Damage Repair Project.
The project covers both the sections of roadway damaged in the 2017 storms on Centerville
Road, 1/2 mile above Honey Run Road. The term of the agreement is three years and the
estimated costs for services will not exceed $284,677. The majority (75%) of the project costs
will be funded with Federal Emergency Management Agency(FEMA) Public Assistance and State
of California Office of Emergency Services funds (18.75%). This agreement has been modified to
meet all FEMAand State requirements underthe Disaster Assistance program—action requested
-APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
3.18 Accept Donated Search and Rescue Mobile Command Trailer - Butte County Search and Rescue
received community donations and was able to purchase a new command vehicle and mobile
command trailer. The Sheriff's Office is requesting to accept the mobile command trailer from
Search and Rescue for field use.The Sheriff's Office will assume the cost to maintain and insure
the trailer. The mobile command trailer was customized to Search and Rescue specifications to
optimize efficiency, safety, and communications. The trailer is temperature controlled, has a
generator, lighting, workstations, receptacles for electronics, and a roof mounted solar panel.
The trailer will be used to manage missions in the field.The total value of the trailer is$56,050—
action requested -ACCEPT DONATED TRAILER. (Sheriff-Coroner)
3.19 Federal Equitable Sharing Agreement and Certification - The Butte County Sheriff's Office
participates in the Federal Equitable Sharing Program. An Equitable Sharing Agreement and
Certification (ESAC)Annual Certification Report is submitted annually to the U.S. Department of
Justice. The ESAC summarized program activities during FY 2017. The ESAC was submitted for
Board approval on August 8, 2017. However, an error was found on the beginning equitable
sharing fund balance underreporting $9,000. The report was amended to reflect the correct
beginning equitable sharing fund balance — action requested - APPROVE THE AMENDED
EQUITABLE SHARING AGREEMENT AND CERTIFICATION AND AUTHORIZE ELECTRONIC
SUBMISSION. (Sheriff-Coroner)
3.20 Contract Amendment with FileOnQ for Evidence Software Maintenance - For the past three
years, the Sheriff's Office has utilized FileOnQ software for evidence management. FileOnQ
works well to meet the needs of the Sheriff's Office and a great deal of time and effort has been
expended to set up and utilize the system.The Sheriff's Office requests to enter into a five-year
licensing and maintenance agreement with FileOnQ for $8,675 per year, as well as adding a
system interface with the Sheriff's new Report Management System; the cost for the one-time
system integration is $5,000. The total contractual maximum payable is $48,375 - APPROVE
CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff-Coroner)
3.21 Inmate Medical Expenses - The Sheriff's Office contracts for inmate medical services through
California Forensics Medical Group (CFMG). CFMG conducted a billing audit and discovered a
number of claims that were not managed properly by CFMG. In July of 2017,the Sheriff's Office
received 25 prior-year medical claims from CFMG for hospitalized inmates totaling$142,485 for
services rendered July 2015 through March 2017. The Sheriff's Office has reviewed the audit and
concurs with the finding. The Sheriff's Office is requesting to appropriate $91,000 of Inmate
Welfare Funds to cover the unanticipated medical expenses — action requested - APPROVE
BUDGET ADJUSTMENT(4/5 VOTE REQUIRED). (Sheriff-Coroner)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—JANUARY 23,2018
3.22 Butte County Children and Families Commission FY 2016-17 Annual Audit and Annual Report
The Butte County Children and Families Commission (First 5 Butte County) submits for
information the FY 2016-17 annual audit reports and financial statements per Butte County Code
Section 2-100.70 (d). Butte County Code requires the Commission to submit its annual audit to
the Board of Supervisors for information. The Commission held a public hearing and accepted
the audit report in compliance with the Butte County Code — action requested — ACCEPT FOR
INFORMATION. (Other—Butte County Children and Families Commission)
3.23 Resolution Declaring 2018 as a Year of Recognition for Habitat for Humanity of Butte County for
Their 25 Years of Service - Habitat for Humanity of Butte County requests that the Board of
Supervisors adopt a resolution declaring 2018 as a year of recognition and appreciation for their
25 years of service to our community—action requested -ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN. (Other— Habitat for Humanity of Butte County)
4. REGULAR AGENDA
4.01 Items Removed from the Consent Agenda for Board Consideration and Action
4.02 Boards, Commissions, and Committees
(List available at_http://www.buttecounty.net/clerkofthe boa rd/AppointmentsList.aspx)
A. Appointments to Listed Vacancies
1. Reappointment of Butte County Law Library Trustees — The Butte County Public Law
Library requests that the Board of Supervisors reappoint R. Bruce Finch, as Chair-
Designee, and Raoul J. LeClerc, as At-large Designee, as Law Library Trustees for 2018,
per Business and Professions Code section 6301(a),with terms ending January 8, 2019—
action requested — REAPPOINT R. BRUCE FINCH AS CHAIR-DESIGNEE AND RAOUL J.
LECLERC AS AT-LARGE DESIGNEE, WITH TERMS ENDING JANUARY 8, 2019. (Other —
Butte County Public Law Library)
2. Appointment to the Butte County Fair Board — Supervisor Lambert submits his request
to appoint Paul Hahn as District 4 Member with a term ending January 7, 2019—action
requested — APPOINT PAUL HAHN AS DISTRICT 4 MEMBER WITH A TERM ENDING
JANUARY 7, 2019. (District 4)
B. Board Member/Committee Reports and Board Member Comments
(Pursuant to California State law,the Board is prohibited from taking action on any item not listed on the agenda)
4.03 Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer
A. 2018 Resolution Honoring Butte County Employees for Dedicated Years of Service
Employees who have reached service increments of 30, 35, 40, and 45 years of continuous
service to Butte County are recognized by the Board of Supervisors for dedicated years of
service. For the 2017 year,there are ten employees who have served 30 years,one employee
who has served 35 years,two employees who have served 40 years, and one employee who
has served 45 years—action requested—ADOPT RESOLUTIONS AND AUTHORIZE THE CHAIR
TO SIGN. (Human Resources)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 23,2018
4.04 Resolution of Intention and Introduction of the CalPERS Cost Share Amendment for Deputy
Sheriff's Association and Butte County Deputy District Attorneys Association - The Board of
Supervisors approved memorandums of understanding("MOU's")with the Butte County Deputy
District Attorneys Association (BCDDAA) on November 8, 2016, and with the Deputy Sheriff's
Association (DSA)General and Management/Supervisory bargaining units on December 6, 2016.
All three agreements contained a provision that employees will pay an additional percentage of
pensionable compensation towards the County's share of PERS pension obligations. DSA General
and DSA Management will now contribute 2% of compensation towards the County's share of
PERS pension obligations. The Deputy District Attorneys will contribute 1% in pensionable
compensation towards the County's share of PERS pension obligations. Upon implementation,
the County agreed to work with PERS to process a PERS contract amendment,which would credit
this contribution towards the employee's account. CalPERS requires several steps to be
completed before a contract amendment can become official. The initial steps are for the Board
of Supervisors to adopt a resolution of intention and introduce an ordinance authorizing the
contract amendment. There are other steps in the process, including a vote by affected
bargaining unit members approving the amendment and certification from the County that all
PERS processes have been followed.Staff will return to the Board at a later date for final approval
of the PERS contract amendment—action requested— 1) ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN; AND 2) INTRODUCE THE ORDINANCE AND WAIVE THE FIRST READING.
(Human Resources)
4.05 Amendment for County Counsel Employment Agreement-Approval of the seventh amendment
to the employment agreement for County Counsel Bruce S.Alpert is requested.This amendment
does not provide for any change in salary or benefits.The term of this amendment is May 1,2017
through April 30, 2021 — action requested - APPROVE AMENDMENT AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (County Administration)
5. PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:20 am - Extension of Craig Access Road Interim Urgency Ordinance - On December 12, 2017,
the Board of Supervisors adopted an interim urgency ordinance (Ordinance No. 4140)
temporarily limiting the approval and construction of new development projects and the
creation of new parcels that result in additional vehicle traffic on Craig Access Road. Craig Access
Road is a California Department of Water Resources owned road that provides access to
approximately 214 Assessor Parcels.Ordinance No.4140 is an interim zoning ordinance adopted
as an urgency measure pursuant to State law that temporarily limits the construction of new
development, and/or the issuance of permits for the construction of new development and/or
land use and Subdivision Map Act related actions. The interim ordinance continues to allow
permits or approvals for the alteration, repair, renovation or rehabilitation, but not expansion,
of existing buildings, as well as construction required to comply with fire and/or life safety
requirements and work pursuant to the Americans with Disabilities Act. Ordinance No. 4140
applies to all parcels in Sections 25, 26, 31, 35, and 36 of Township 20 North, Range 5 East of the
Mount Diablo Base and Meridian for which it cannot be established that there is approved access
and traversable access to the parcel from roads other than Craig Access Road. The existing
ordinance is in effect for 45 days from the date of its adoption.The proposed interim ordinance
would extend the provisions of Ordinance No. 4140 for 22 months and 15 days — action
requested - 1) FIND PURSUANT TO SECTION 15061(B)(3) OF THE CEQA GUIDELINES THERE IS NO
POSSIBILITY THAT ADOPTION OF THE INTERIM URGENCY ORDINANCE MAY HAVE A SIGNIFICANT
ADVERSE EFFECT ON THE ENVIRONMENT; AND 2) ADOPT THE INTERIM URGENCY ORDINANCE
AND AUTHORIZE THE CHAIR TO SIGN (4/5 VOTE REQUIRED). (Development Services)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 23,2018
5.02 9:30 am - Appeal of Planning Commission's Approval of Conditional Use Permit for AT&T - An
appeal of the Planning Commission's approval of Conditional Use Permit UP17-0002, approved
by a 3-2 vote, at a public hearing on September 28, 2017 and October 26, 2017 was filed by Don
and Joyce Johns. UP17-0002 authorized the construction of a wireless telecommunication facility
that includes a 100-foot tall monopole, an equipment shelter, and a standby propane generator
and 500 gallon propane tank on a concrete slab within a 1,200-square-foot fenced leased area
on APN 028-350-055 (46 Manzanella Court, Oroville). Utilities will be run underground, except
for the coax between the equipment. Access to the facility will be provided by a 12-foot wide
driveway from Manzanella Court along the eastern edge of the parcel. The parcel and
surrounding area is zoned RR-5. In compliance with the requirements of CEQA, an Initial Study
and Draft Mitigated Negative Declaration was prepared for this project. Issues raised in the
appeal include the following: 1) An Environmental Impact Report must be prepared as there is a
fair argument that the project may have a significant environmental effect; 2) Substantial
evidence is found in public testimony; 3) Substantial evidence regarding aesthetics, noise, air
quality/dust and traffic; 4) Alternative sites are available; and 5) One of the Planning
Commissioners should have abstained from voting given a conflict of interest—action requested
- ADOPT THE RESOLUTION DENYING THE APPEAL AND ADOPTING THE MITIGATED NEGATIVE
DECLARATION, AND APPROVING CONDITIONAL USE PERMIT UP17-0002 AND AUTHORIZE THE
CHAIR TO SIGN. (Development Services)
5.03 10:15 am - 2018 State and Federal Legislative Platforms - Each year, the Board of Supervisors
considers and adopts platforms establishing priorities and policies with regard to state and
federal legislation and regulation. The proposed platforms for 2018 were prepared in
consultation with department heads and the County's State and federal consultants. The
platforms address issues such as energy,water, public infrastructure, local government finances,
general government, health and human services, and public safety. Paul Yoder of Shaw, Yoder,
Antwih will discuss the platform and provide updates regarding current legislative activities at
the State level. Kristi More of The Ferguson Group will discuss the platform and legislative
activities at the federal level—action requested-APPROVE THE STATE AND FEDERAL LEGISLATIVE
PLATFORMS. (County Administration)
5.04 10:45 am - Funding and Governance Options for Fire Protection Services - As a follow-up to
discussions held by the Board of Supervisors in May and June 2017 regarding provision of fire
protection services, a workshop will be held to further explore governance and funding options
for services. During earlier discussions, the Board voted to continue contracting with CAL FIRE
for the provision of fire and emergency response services, including funding Amador ("winter")
stations in six of the County's unincorporated communities. The workshop is to explore options
to fund the level of services desired by residents. In general, the Board has two options: 1)
address funding shortfalls during the annual budget process or 2)change the governance and/or
funding structure to provide for supplemental funding. Underlying assumptions of the discussion
include: 1) all options provided in this workshop allow for continued contracting with CAL FIRE;
2) under any of the governance and/or funding options, the County will continue to fund some
level of service from discretionary revenue; 3) any option can include incorporated jurisdictions;
and 4) if a separate, independent district is formed, all County Fire Department assets would be
transferred to the new district—action requested—1)TAKE NO ACTION AND ADDRESS FUNDING
SHORTFALLS DURING THE ANNUAL BUDGET PROCESS; OR 2) DIRECT STAFF TO RETURN TO THE
BOARD OF SUPERVISORS WITH SPECIFIC FORMATION DETAILS AND ESTIMATED COSTS FOR ONE
OR MORE FUNDING AND/OR GOVERNANCE OPTIONS; OR 3) DIRECT STAFF TO BEGIN THE
PROCESS ON A SPECIFIC GOVERNANCE AND/OR FUNDING STRUCTURE; OR 4) PROVIDE OTHER
DIRECTION TO STAFF ON THIS MATTER. (County Administration)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 23,2018
6. BOARD OF SUPERVISORS PUBLIC COMMENT
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.
RECESS
Recess as the Butte County Board of Supervisors and convene as the In-Home Supportive Services Public
Authority Board.
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 23,2018
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
AGENDA
JANUARY 23, 2018
1. CALL TO ORDER
2. CONSENT AGENDA
2.01 Agreement Amendment with Pan American for Health Insurance Policy and Administrative
Services -The Butte County In-Home Supportive Services (IHSS) Public Authority and United
Domestic Workers have agreed to amend the existing health plan contract for the IHSS
Workers.The term of the new plan is February 1, 2018 through February 1, 2019.The cost
remains the same as the existing plan, which is$281/month for each eligible provider up to a
cap of 525 providers,with a not-to-exceed cost of$1,770,300 for the 12-month term.The
revised agreement is February 1, 2015 through February 1, 2019,with a maximum amount not-
to-exceed $7,081,200 (an increase of$1,770,300 for FY 2018-19)—action requested—1)
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND 2) AUTHORIZE
THE DEPARTMENT OF EMPLOYMENT AND SOCIAL SERVICES DIRECTOR, IN HER CAPACITY AS
THE EX-OFFICIO IHSS PUBLIC AUTHORITY DIRECTOR,TO SIGN ALL ADMINISTRATIVE
DOCUMENTS WHICH ARE NECESSARY TO IMPLEMENT THE REVISED INSURANCE PROGRAM.
(Human Resources)
3. REGULAR AGENDA(NO ITEMS)
4. PUBLIC COMMENT
Comments to the In-Home Supportive Services Public Authority 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 In-Home Supportive Services Public Authority Board is prohibited from taking action on any
item not listed on the agenda.
5. CLOSED SESSION(NO ITEMS)
ADJOURNMENT
Adjourn as the In-Home Supportive Services Public Authority Board and reconvene as the Butte County Board
of Supervisors.
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 23,2018
7. BOARD OF SUPERVISORS CLOSED SESSION
7.01 Public Employee Employment, Appointment, Recruitment, 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 Resources Conservation Director
7.02 Actual Litigation Pursuant to Government Code Section 54956.9(d)(1):
1. Michael Sears v. County of Butte; Butte County Sheriff's Office; Andy Duch;John Kuhn;
and DOES 1 through 100; USDC-Eastern District Court, Case No. 15-CV-00589-MCE-
CMK;
2. Barbara Davis v. Butte County; Workers' Compensation Appeals Board Case No.
ADJ370456 (Claim No: CBTE-54840);
3. Marissa Nypl v. Butte County; Workers' Compensation Appeals Board Case No.
ADJ10295529 (Claim Number: BUAJ-550042);
4. Karen Baldivid v. Butte County; Workers' Compensation Appeals Board Case No.
ADJ10906503 (Claim No: BUAM-550482);
5. Karen Baldivid v. Butte County; Workers' Compensation Appeals Board Case No.
ADJ9699732 (Claim No: BUAJ-549913);
6. Karen Baldivid v. Butte County; Workers' Compensation Appeals Board Case No.
ADJ10986794 (Claim No: BUAI-549754);
7. Karen Baldivid v. Butte County; Workers' Compensation Appeals Board Case No.
ADJ7514452 (Claim No: BUAG-537532);
8. Karen Baldivid v. Butte County; Workers' Compensation Appeals Board Case No.
ADJ10986793 (Claim No: BUAF-510400); and
9. Karen Baldivid v. Butte County; Workers' Compensation Appeals Board Case No.
ADJ10986796 (Claim No: BUAD-403061).
7.03 Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2):
1. Christy Rood;Workers' Compensation Claim, Claim No: BUAM-550286;
2. Jason Hail; Workers' Compensation Claim, Claim No: BUAM-483204;
3. Jeanne Gilchrist; Workers' Compensation Claim, Claim No: CBTE-201883;
4. Jeanne Gilchrist; Workers' Compensation Claim, Claim No: CBTE-191887;
5. Jeanne Gilchrist; Workers' Compensation Claim, Claim No: CBTE-191896; and
6. Jeanne Gilchrist; Workers' Compensation Claim, Claim No: CBTE-65560.
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 23,2018
7.04 Conference with Labor Negotiator Pursuant to Government Code Section 54957.6:
Negotiators: Jack Hughes, Pamela Knorr, and Joe Ambrosini
Employee Organizations: Teamsters-General Unit;Teamsters-Social Services Workers' Unit;
Butte County Management Employees Association; Butte County
Probation Peace Officers Association; Butte County Probation Peace
Officers Association - Management Unit; Butte County Professional
Employees' Association; Butte County Deputy Sheriff's Association -
General Unit; Butte County Deputy Sheriff's Association -
Management/Supervisory Unit; Butte County Correctional Officers
Association - General Unit; Butte County Correctional Officers
Association -Supervisory Unit; UPEC Local 792 -Skilled Trades Unit;
Butte County Deputy District Attorneys Association -Attorney Unit;
Confidential Unit; Non-Represented Unit
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Butte County Information and Procedures Concerning the Agenda and
Department Heads Board of Supervisors Meetings
Agricultural
Commissioner:
Luis Mendoza Meeting Information:
Assessor*: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m.and are
Diane Brown held in the Board of Supervisors Chambers,County Administration Building,25 County Center Drive,Oroville. At
the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed
Auditor-Controller*: as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted
Dave Houser meeting calendar for the year are available in the County Administrative Office or on the Clerk of the Board
Behavioral Health: website page
Dorian Kittrell
Agenda Information:
Interim Chief
Administrative Officer: The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72
Shari McCracken hours before each meeting,and is available by mail subscription,e-mail subscription,or at the Clerk of the Board
website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to
Chief Probation Officer:
Steve Bordin explain each agenda item (excluding documents that are not a public record within the meaning of the Public
Records Act)are available for your review at the County Administrative Office,the Chico,Oroville,and Paradise
Child Support Services: libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies of
Sean Farrell supporting materials can be made for you at a charge to cover costs. The list of communications included with
Clerk-Recorder-Registrar the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have
of Voters*: been received but not included in the agenda supporting material. Copies of all communications received by the
Candace Grubbs Board of Supervisors(excluding documents that are not a public record within the meaning of the Public Records
Act)are available at the Administrative Office upon request.
County Counsel:
Bruce Alpert Agenda Format and Meeting Order:
Development Services: The agenda is usually organized into the following areas and meetings generally proceed in the following order:
Tim Snellings 1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the
District Attorney*: Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in
Mike Ramsey the back of the board room)and give it to the Clerk of the Board (sitting to the right of the Board)or,when the
Chair asks if there is anything anyone would like to remove from the Consent Agenda,stand and approach the
Employment&Social podium and request the item be removed. The removed items are discussed at the end of the Regular Agenda.
Services:
Shelby Boston 2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items
removed from the Consent Agenda are discussed under this section.
Farm,Home&4-H 3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are
Advisory: set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time
Emily Symmes listed,but will never start before the time listed.
Fire Chief: 4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any
Darren Read matter not listed on the agenda. The Board,by law,cannot take action on any matter not listed on the agenda,
but may respond to statements or questions and provide staff direction.
General Services: 5. Closed Session: the Board is authorized,by law,to meet in a closed session in certain circumstances. This area
Grant Hunsicker of the agenda identifies those items that will be discussed during the closed session.
Human Resources:
Pamela Knorr Public Participation:
Information Systems: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow
Art Robison members of the public the opportunity to comment on all matters before the Board. Public participation is limited
to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3.
Library: The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing
Melanie Lightbody of these policies and procedures can be found in the printed booklet agenda, obtained at the County
Public Health: Administrative Office,or viewed at the Clerk of the Board website.
Cathy Raevsky
The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with
Public Works: special needs should call the Clerk of the Board at 530-538-7631,Monday through Friday,8:00 a.m.to 5:00 p.m.
Dennis Schmidt to request disability-related modifications/accommodations or to request materials in alternate formats. All
Sheriff-Coroner*: requests for special accommodations and/or alternative format documents must be made 48 hours prior to the
Kory Honea meeting.
Treasurer-Tax Collector*: For further information contact the:
Peggy Moak Clerk of the Board of Supervisors
Water&Resource County Administration Office
Conservation: 25 County Center Drive,Suite 200,Oroville,CA 95965
Paul Gosselin 530-538-7631
*Elected Official
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