HomeMy WebLinkAboutA012913 BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
January 29, 2013
�► 0
4 0
p 0
0 _ a
11 IN
County Supervisors
Bill Connelly, District 1
Larry Wahl, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Doug Teeter, District 5
Paul Hahn, Chief Administrative Officer Bruce S. Alpert, County Counsel
and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 29,2013
Butte County Department Heads
Agricultural Commissioner Richard Price
Assessor* Fred Holland
Auditor-Controller* Dave Houser
Behavioral Health Director Anne Robin
Chief Administrative Officer Paul Hahn
Chief Probation Officer Steve Bordin
Child Support Services Director Sharon A. Stone
Clerk-Recorder-Registrar of Voters* Candace Grubbs
County Counsel Bruce S. Alpert
Development Services Director Tim Snellings
District Attorney* Mike Ramsey
Employment and Social Services Director Cathi Grams
Farm, Home & 4-H Advisory Joseph Connell
Fire Chief George Morris
General Services Director Grant Hunsicker
Human Resources Director Brian Ring
Information Systems Director Robert Barnes
Library Director Melanie Lightbody
Public Health Director, Interim Cyndi Knapp
Public Works Director Mike Crump
Sheriff-Coroner* Jerry Smith
Treasurer-Tax Collector* C. Linda Barnes
Water and Resource Conservation Paul H. Gosselin
* Elected Official
PAGE 1 January 29, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 29,2013
9:00 A.M. 1.00 CALL TO ORDER
1.01 Call to Order - Board of Supervisors Room, County Administration Building, 25 County
Center Drive, Oroville.
1.02 Pledge of Allegiance to the Flag of the United States of America.
1.03 Observation of a Moment of Silence.
2.00 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
3.00 CONSENTAGENDA
BEHAVIORAL 3.01* Youth for Change - HERE Program - Youth for Change (YFC) is a nonprofit, public benefit
HEALTH organization which is licensed by the State of California to provide Specialty Mental
Health treatment and support services in the community. YFC specializes in community
collaboration which supports the healing of children and families. Butte County
Department of Behavioral Health (BCDBH) requests approval to renew its agreement with
YFC for the provision to provide short-term shelter care beds for Homeless Emergency
Runaway Effort (HERE) Program youth. YFC will guarantee two beds per day for the entire
contract period to be made available for either male or female clients, as determined by
need. Provider shall ensure that homes providing beds are appropriately licensed to
provide foster care. YFC will provide a total of 399 bed days (321 bed days in fiscal year
2012-13 and 78 bed days in 2013-14) at a cost of $75 per bed per day. The term of this
agreement shall be January 1, 2013, through September 29, 2013. The contract maximum
is $29,925 broken down as follows-$24,075 for fiscal year 2012-13 and $5,850 for 2013-
2014 - action requested - APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
3.02* Butte County Behavioral Health Board Reappointments - The 1st term membership has
ended for the following individuals on the Butte County Behavioral Health Board: Michael
N. Ober, consumer member; Lafayette S. Clark, family member; and Patricia Cragar and
Cynthia Harvey, community members. These members request reappointment to second
term which will end on December 31, 2015-action requested-MAKE APPOINTMENTS.
BOARD OF 3.03* Resolution in Support of HelpCentral.org's Application to the California Public Utilities
SUPERVISORS Commission regarding Butte County 2-1-1-action requested -ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Supervisor Kirk)
PAGE 2 January 29, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—JANUARY 29,2013
3.04* District 1 Appointment to the Butte County Fair Board—Supervisor Connelly submits his
request to appoint Amy Jernigan as District 1 representative with a term to end January 2,
2017—action requested—MAKE APPOINTMENT.
3.05* District 5 Appointment to the Butte County Housing Authority Board—Supervisor Teeter
submits his request to appoint Kathleen Anderson Ballou as District 5 Commissioner with
a term to end January 2, 2017—action requested—MAKE APPOINTMENT.
CHIEF 3.06* Resolution Supporting Renewal of the Oroville Recycling Market Development Zone -The
ADMINISTRATIVE California Public Resources Code Section 42010 provides for the establishment of the
OFFICE Recycling Market Development Zone (RMDZ) program. The RMDZ program combines
recycling with economic development to fuel new businesses, expand existing ones,
create jobs, and divert waste from landfills. This program provides attractive loans,
technical assistance, and free product marketing to businesses that use materials from
the waste stream to manufacture their products and are located in a zone. The various
zones within California cover roughly 88,000 square miles from the Oregon border to San
Diego. The Oroville zone designation, which includes property in the unincorporated area
of the County, is set to expire in March 2013 unless re-designated by the CalRecycle
Board. The City of Oroville is preparing the necessary application for renewal, and has
requested the County supply a Resolution of Support for the application — action
requested -ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN.
3.07* 3CORE Inc. - On March 27, 2012 the Board of Supervisors authorized the submittal of a
CDBG Enterprise Grant Application for the continuation of funding for the Butte County
Micro-enterprise Business Assistance Program, also known as the Butte County Business
Incubator Program. Butte County received notification that the CDBG Grant was awarded
in the amount of $150,000 and executed a grant agreement, effective December 21,
2012, with the State Department of Housing and Community Development for
continuation of the program. 3CORE has been implementing the Butte County Business
Incubator Program since the program's inception. The County of Butte entered into a
Master Subrecipient Agreement with 3CORE on February 1, 2001 to provide staff services
related to the CDBG Program. The Master Subrecipient Agreement requires that each
time a new activity is added to the agreement, it be incorporated as an Exhibit to the
Master Subrecipient Agreement. Staff recommends the approval of Exhibit 35 to the
Master Subrecipient Agreement between the County and 3CORE for $147,000 for staff
services related to the implementation of the Butte County Business Incubator Program.
There is no budgetary impact for FY 2012-13 —action requested —APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
PAGE 3 January 29, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 29,2013
3.08* 3CORE Inc. - The County of Butte entered into a Master Subrecipient Agreement with
3CORE on February 1, 2001 to provide staff services related to the Community
Development Block Grant (CDBG) Program. The Master Subrecipient Agreement provides
that each time a revision is made to the agreement; it must be incorporated as an
Amendment to the Master Subrecipient Agreement. Staff recommends the approval of
Amendment 5 to the Master Subrecipient Agreement with 3CORE to extend the
expiration date of the agreement from January 31, 2013 to September 30, 2017.
Extending the term allows 3CORE to continue providing services for existing CDBG
Programs and for recently approved CDBG Grants, including the CDBG Enterprise Grant
awarded to Butte County December 21, 2012 —action requested -APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.09* Budget Adjustment - In order to comply with Governmental Accounting Standard
requirements and generally accepted accounting practices, the County changed its year-
end process at the end of fiscal year (FY) 2011-12 so that contracts and purchase orders
encumbered in FY 2011-12 did not automatically roll-over and create new appropriations
in FY 2012-13. This change in the year-end process meant departments had to estimate
what they expected to spend out of the contract or purchase order in FY 2011-12 and
then include the balance in their FY 2012-13 requested budget.Three FY 2011-12 Fish and
Game Commission grant contracts require payment in FY 2012-13 that were not
anticipated in the requested budget. A budget adjustment increasing appropriation of
$6,257 using Fish & Game fund balance is requested — action requested — APPROVE
BUDGET ADJUSTMENT.
3.10* Anderson & Associates, Inc.- Agreement for Financial System Evaluation - The County is
planning a gap analysis and business process review related to the County's current
financial system. Due to staffing resource constraints and a need for an independent,
objective review of the current system, the County published a Request for Proposals
(RFP) for a consultant to facilitate and manage the project, and to provide the necessary
independent review. A Steering Committee consisting of the Chief Administrative Officer
(CAO), Auditor-Controller, Treasurer-Tax Collector, Chief Financial Officer, and the
Directors of the Information Systems, General Services and Human Resources
Department reviewed the proposals submitted and recommends contracting for the
expertise of Mike Carver and Mark Conry,through Anderson &Associates. The contract is
for a not-to-exceed price of $33,792 with an anticipated end date of June 30, 2013. The
contract will be funded out of existing appropriations in the department's budget—action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.11* Employment Contract -Cathy Raevsky, Public Health Director- Request for approval of an
employment contract with Cathy Raevsky as Public Health Director. The initial salary of
the position is $142,500 per year. The initial term of the contract is March 4, 2013
through March 3, 2016. The initial salary of the position is $142,500 per year — action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 4 January 29, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 29,2013
COUNTY 3.12* Employment Law Counsel, LLP - Request approval and ratification of and authorize the
COUNSEL Chair to sign Agreement to Retain Attorney Services between County of Butte and
Employment Law Counsel, LLP for services performed relating to personnel investigations.
The effective date of the agreement is December 19, 2012. The hourly rate is $150.00 -
RATIFY AGREEMENT.
DISTRICT 3.13* Accept Unanticipated Revenue - A long standing arrangement for the provision of extra
ATTORNEY help employees for the Butte Interagency Narcotic Task Force (BINTF) has been for the
District Attorney to hire and pay the employees' wages with reimbursement provided by
BINTF. The appropriation and revenue for an extra help evidence technician was not
included in the FY 2012/2013 budget because management of BINTF was in transition
from the California Department of Justice to local law enforcement due to state budget
cuts. As a budget housekeeping matter, unanticipated revenue and appropriation of
$17,064 is needed to correct this omission - action requested - ACCEPT UNANTICIPATED
REVENUE AND APPROVE BUDGET ADJUSTMENTS.
EMPLOYMENT 3.14* Resolution to Adopt Quarterly Reporting for the General Assistance (GA) Program - GA
AND provides financial assistance, in the form of a loan, for eligible, low-income persons or
SOCIAL SERVICES families who do not qualify for any other cash assistance programs. Most GA recipients
are disabled (approximately 82%). In order to maintain eligibility, GA recipients are
subject to monthly reporting requirements. Each month, recipients are required to submit
a standardized GA form to report any income or property received, as well as any changes
to household composition, employment, or disability status. A large majority of GA
recipients also receive CalFresh benefits. The CalFresh program requires similar periodic
reporting, which also requires the recipient to submit a similar, standardized CalFresh
form. CalFresh reporting intervals are determined by the household composition.
Currently, most CalFresh recipients are required to report quarterly. Approval is
requested to align the GA monthly reporting requirements to the current CalFresh
reporting requirements. This change would increase efficiency, increase customer service
standards, and reduce the administrative and client burden that is created when double
reporting requirements are imposed. Additionally, approval is requested to amend the
GA manual to reflect the newly adopted CalFresh reporting requirements — action
requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE
REVISIONS TO THE GENERAL ASSISTANCE MANUAL.
GENERAL 3.15* Resolution Discontinuing Postage Revolving Fund - Originally, the revolving fund
SERVICES established for County departments to procure postage and postal services was assigned
to Purchasing Services. Today, modern technology provides a more efficient and cost-
effective way to obtain these products, and consequently, use by departments has
declined. It is therefore no longer necessary to maintain the Postage Revolving Fund and
the Director of General Services as Deputy Purchasing Agent requests it be discontinued.
Pursuant to Government Code section 29320 et seq., a resolution discontinuing the
Postage Revolving Fund has been prepared for adoption by the Board of Supervisors —
action requested—ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN.
PAGE 5 January 29, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—JANUARY 29,2013
3.16* Capital Asset Approval - Vehicle Replacement - In November 2012, the 13-year-old van
used by General Service's office staff was severely vandalized. Estimates to repair the
vehicle and replace stolen components are in excess of the vehicle's value and therefore
it was declared Surplus. The department is requesting approval to purchase a
replacement van utilizing the ISF Equipment Replacement Fund. The estimated cost is
$22,000—action requested -APPROVE CAPITAL ASSET PURCHASE AND APPROVE BUDGET
ADJUSTMENT.
HUMAN 3.17* Bill Pruitt Investigations - Due to an increased amount of investigations in FY 2012-13,
RESOURCES Human Resources requests an increase in the amount of the contract between Butte
County and Bill Pruitt from not-to-exceed $24,999 to not-to-exceed $50,000 for the
current FY. All costs for investigations are paid by the department utilizing the service
and not Human Resources—action requested -APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.18* Resolution to Amend The Salary Ordinance - The Department of Human Resources has
prepared a resolution to amend the Salary Ordinance for the following departments:
County Counsel, Administration, Public Works, Human Resources and Probation. These
changes will decrease the total allocations in the County by one (1) position.
County Counsel: The County Counsel's Office is requesting to flexibly staff one (1)
position of Paralegal to Paralegal, Senior/Paralegal. This change will leave the total
allocations in the department unchanged and will increase the costs in the department by
approximately $936 for the remainder of this fiscal year. Any increase in salary and
benefits that will occur in future fiscal years will be incorporated into future budgets.
Administration: The Administration Department is requesting to delete one (1) vacant
Risk Manager position and one (1) vacant Safety Officer position. In addition, the
department requests to convert one (1) term position of Risk Management Analyst,
Senior/Risk Management Analyst to a fulltime position with no term date. These changes
are the final phase of a department reorganization that began last summer. These
changes will decrease the total allocations in the department by two (2) positions and
have no fiscal impact on the County General Fund.
Public Works: The Public Works Department is requesting to extend the term date of one
(1) Landfill Scale Attendant position from February 14, 2013 to December 31, 2013 in
order to continue to cover a long term leave of absence. This change 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 add the
classification of Chief Deputy, Probation Officer (Class Code 5505) to Section 57,
Reference E of the Salary Ordinance titled, "Management, Confidential and Supervisory
(BCMEA) Unit Classifications." The salary range for the classification shall be set at 66
(Biweekly salary: $2,909.44-$3,898.93).
PAGE 6 January 29, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 29,2013
Along with this new classification, the department requests to delete the classification of
Superintendent, Juvenile Hall from Section 57, Reference E of the Salary Ordinance titled,
"Management, Confidential and Supervisory (BCMEA) Unit Classifications" and Section 57,
Reference K of the Salary Ordinance titled, "Non-Represented and Linked Classifications."
In addition, the department requests to change the title of the classification Assistant
Superintendent, Juvenile Hall to Manager, Juvenile Hall (Class Code 5520). This is only a
title change with no change in salary. These changes have been agreed to by both Human
Resources and the applicable Employee Association.
Lastly, the department is requesting to delete the Safety Officer and Risk Manager
classifications from Section 57, Reference E of the Salary Ordinance titled, "Management,
Confidential and Supervisory (BCMEA) Unit Classifications."These changes fall in line with
the Administration Department's request above to complete their department
reorganization.
Probation: Concurrent with Human Resources request above, the Probation Department
is requesting to delete one (1) vacant Superintendent, Juvenile Hall Classification; one (1)
vacant Assistant, Chief Probation Officer position; add three (3) Chief Deputy, Probation
Officer positions and reallocate one (1) position of Assistant Superintendent, Juvenile Hall
to Manager, Juvenile Hall. All of these changes are being made as part of a departmental
reorganization that will increase efficiency in the department as well as provide an
avenue for future planning. This reorganization will have the Chief Deputy, Probation
Officer positions overseeing the Adult Division, Juvenile Division and the Juvenile Hall.
These changes will increase the total allocations in the department by one (1) position
and have no fiscal impact on the County General Fund — action requested — ADOPT
RESOLUTION AND AUTHORIZE THE CHAIRTO SIGN.
3.19* 2013 Resolution Honoring Butte County Employees for Dedicated Years of Service -
Employees who have reached specified periods of continuous service to Butte County are
recognized by a Resolution honoring employees for dedicated years of service. The
service increments are 5, 10, 15, 20, 25, 30, 35 and 40 years. The groups with the longest
tenure with the County (30, 35, 40 years...), will be presented their awards by the Board
of Supervisors during the Resolution ceremony. They are: Cathi Grams, Carol Gresehover,
Cheryl Jones, Christine Homesley, Geny Montero, and Cory Dunasky—action requested —
ADOPT RESOLUTIONS AND AUTHORIZE THE CHAIR TO SIGN.
LIBRARY 3.20* Butte County Library Advisory Board Re-appointments - Three members of the Butte
County Library Advisory Board had terms which expired in December of 2012. The
following two members'terms will expire on December 31, 2016: Jane Dolan (Chico area)
and Penny Louton (Gridley area). Pat Brice (Paradise area) will be appointed to a term to
expire December 31, 2014-action requested-MAKE APPOINTMENT.
PAGE 7 January 29, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—JANUARY 29,2013
PUBLIC HEALTH 3.21* Solid Waste Enforcement and Appeal Independent Hearing Panel Appointments - Butte
County Code Section 31A established a Solid Waste Enforcement and Appeal Independent
Hearing Panel, hereinafter referenced as "Hearing Panel." Although historically there have
been very few solid waste appeals, it is necessary to maintain a viable Hearing Panel in
order to meet mandated time lines when an appeal is filed with the Public Health
Department. As specified in the Public Resources Code Section 44308 and Section 18060,
Title 14, California Code of Regulations and Chapter 31A of Butte County Code, the
Hearing Panel consists of three positions with members appointed by the Board of
Supervisors. The Panel consists of: a Primary and alternate member of the Butte County
Board of Supervisors, a primary and alternate member who are subject matter experts in
solid waste, and a primary and alternate member representing the public. Members
appointed to the Hearing Panel are restricted by State law to two four-year terms. The
Board is requested to approve the following appointments: 1) Carl Peters as Subject
Matter Expert for primary Position; 2) Larry Royal as Subject Matter Expert for alternate
Position Two; 3) Mike Peavy as Member of the Public for primary Position Three; and 4)
John Starr as Member of the Public for alternate Position Three. All terms will end January
10, 2017—action requested— MAKE APPOINTMENTS.
PUBLIC WORKS 3.22* Resolution Authorizing Submittal of Tire Amnesty Grant Application to CalRecycle - The
Public Works Department is requesting authorization to submit a grant application to
CalRecycle for the FY 2013-14 Local Government Waste Tire Amnesty Grant. Grant funds
would be used to provide waste tire collection events for the County and City of Oroville.
The department proposes that the County be designated as lead agency for administering
the grant in collaboration with the City of Oroville.The City of Oroville is currently drafting
a letter of support stating they authorize the County to act as lead agency on their behalf.
Regional applicants are eligible for up to $100,000 in funds from the CalRecycle's Tire
Amnesty Grant Program. No matching funds are required for this grant. Applications are
due February 5, 2013 with awards to be announced by the following June. If funded,
Public Works will plan at least two tire amnesty collection events to be held over the next
two years. Past events have been highly effective, collecting an average of 110 tons of
waste tires per event. The resolution also authorizes the Public Works Director to execute
agreements with CalRecycle on behalf of the County — action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.23* Sims Recycling Solutions - Sims Recycling Solutions has been the contracted electronic
waste recycler for the Neal Road Recycling and Waste Facility for the past two years. In
that time, it has fulfilled the terms of their agreement in a responsible and compliant
manner. The Public Works Department requests approval to extend the current
agreement by one year. Sims has agreed to increase the amount paid to the County for
non-covered electronic waste by one cent per pound. (From $.01 to $.02 per pound) —
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN ON BEHALF OF THE COUNTY SUBJECT TO REVIEW BY AUDITOR-CONTROLLER AND
COUNTY COUNSEL.
PAGE 8 January 29, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 29,2013
3.24* Siskiyou Grove Estates Subdivision Application to Form Zone of Benefit, Zone 002 within
Butte County Permanent Road Division - On June 27, 2006, the Board of Supervisors
adopted Resolution No. 06-102 establishing the Butte County Permanent Road Division.
The County policy on new roads that are not collector or arterial roads allows for
acceptance of these roads into the County Maintained Mileage system subject to
approved funding for the future maintenance of the road and associated facilities through
a Board approved Benefit Assessment District. The developer of the Siskiyou Grove
Estates subdivision in Thermalito has submitted an application/petition to form a Zone of
Benefit within the Butte County Permanent Road Division. The procedure to form a Zone
of Benefit requires a resolution of intent to establish the Butte County Permanent Road
Division Zone of Benefit and the setting of a public hearing. The formal formation of this
Zone of Benefit will be in conjunction with the approval of the final subdivision map by
the Board on March 26, 2013.The developer of the Siskiyou Grove Estates subdivision has
been working with the Land Development Division of Public Works to complete all the
necessary items to be able to record the final subdivision map for the project. Based on
this, the Public Works Department will recommend that the Siskiyou Grove Estates
subdivision be allowed to form the second Zone of Benefit within the Butte County
Permanent Road Division and that the formation of this zone, named Zone 002, be
established at the Public Hearing to be held at the Board of Supervisors meeting on March
26, 2013 —action requested —ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN;
AND SET PUBLIC HEARING FOR MARCH 26, 2013 AT 9:30 A.M.
3.25* Resolution Authorizing the Director of Public Works to File an Application for Grant Funds
for the Environmental Enhancement and Mitigation Program (EEMP) - The Public Works
Director (Director) requests the Board to adopt a resolution authorizing the Director to
file an application for grant funds for the Environmental Enhancement and Mitigation
Program (EEMP) under the Section 164.56 of the Streets and Highways Code for the
following project: Ord Ferry Bridge Bat Restoration Project and to submit all documents
as well as make adequate provisions for operations and maintenance of the project —
action requested—ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.26* County Service Area 17, Zone 1 (South Oroville Lighting) - Public Works and PG&E project
Converting Existing Lights to LED - County Service Area (CSA) 17, Zone 1 provides street
lighting services to 1,352 parcels in the south Oroville area. Public Works has completed a
roadway safety project along a one mile stretch of Lincoln Boulevard that installed
medians to improve roadway safety. Public Works then worked with PG&E to add nine
new LED street lights on existing PG&E poles along that same section of Lincoln
Boulevard. The nine new LED lights were installed without cost to the CSA in June 2012.
On July 31, 2012, the Board approved the conversion of the older sodium vapor
streetlights along this same section of Lincoln Boulevard to LED lights to make the lighting
effects consistent and to save on monthly billing charges as LED lights use less energy and
have a lower monthly charge rate from PG&E. Public Works also requested PG&E to
install longer mast arms for each of those lights to better illuminate the roadway. An
initial estimate from PG&E for the light conversion work was given to the County but was
subsequently revised to a higher amount to account for the longer mast arm lengths that
were not originally included in the initial estimates. The Board item of July 31, 2012
contained a budget adjustment of$10,000 which was insufficient for the revised contract
cost. It is requested that the Board approve a budget adjustment ($12,600)for the revised
cost of this project—action requested—APPROVE BUDGET ADJUSTMENT.
PAGE 9 January 29, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—JANUARY 29,2013
3.27* SCS Engineers - The Neal Road Recycling and Waste Facility (NRRWF) has an array of
groundwater monitoring wells that are sampled regularly to comply with requirements of
the NRRWF's Waste Discharge Requirements (permit) issued by the Regional Water
Quality Control Board (RWQCB). The array includes an upgradient monitoring well that
provides background level of groundwater constituents and a downgradient well located
at the westerly property boundary. The sampling analysis of this most downgradient well
are used to compare to the background values found in the most upgradient well. There
are eight other groundwater monitoring wells in between. Due to a generally decreasing
trend in ground water levels in the area, the referenced upgradient well and
downgradient well have become dry. The RWQCB has requested that the County replace
these monitoring wells. SCS Engineers, under existing County contract, has developed a
plan and specifications for soliciting bids for the replacement of two groundwater
monitoring wells. This amendment (Amendment #2) is for SCS Engineers to provide well
construction oversight and submittal of a final well construction report required by the
RWQCB. Funds for this amendment ($21,035) and construction of two monitoring wells
are included in the current fiscal year budget for the NRRWF. The Public Works
Department will be seeking bids for the construction of the two monitoring wells in the
near future - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO TO REVIEW BY AUDITOR-CONTROLLER AND COUNTY COUNSEL.
SHERIFF- 3.28* Superior Court of California County of Butte - In previous years the Sheriff's Office
CORONER contracted with Superior Court to provide deputy sheriff bailiff services. 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 Court Attendants, but now the
Sheriff provides all security services. Now that the Sheriff's Office has assumed
management of all Court Security services, 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 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
PAGE 10 January 29, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—JANUARY 29,2013
TREASURER 3.29* Thermalito Union School District 2012-2013 Mid-Year Tax and Revenue Anticipation Note
TAX COLLECTOR (TRAN) Issuance -The Thermalito Union School District finds it necessary to secure short
term cash flow financing, and, in order to benefit from an established pooled program
and reduced costs of issuance, desires to participate in the California School Cash Reserve
2012-2013 Mid-Year TRANS Program ("the Program"). The Program is sponsored by the
California School Boards Association Finance Corporation. California Government Code
Section 53853 provides that the County Board of Supervisors is to issue TRANS on behalf
of school districts; however, an exception applies to TRANS issued in conjunction with
other TRANS. Under this exception, if the County Board fails to authorize, by resolution,
the issuance of a TRAN in the name of the requesting school district, or if the County
Board notifies the school district that it will not authorize issuance within a 45 day period
from the date of the request, then such TRAN may be issued by the requesting school
district in its name, via participation in the pooled TRANS Program. If the Board of
Supervisors prefers to adopt a resolution authorizing issuance by the County on behalf of
the District, a County Resolution will be provided for consideration at a future meeting.
The Thermalito Union School District has communicated its desire to: 1) participate in the
Program; 2) issue a Mid-Year TRAN during the month of February, and 3) issue in its own
name, in the interest of meeting critical timelines. Accordingly,the District has requested
that the Board of Supervisors exercise its option to notify the District that it will not
authorize the issuance of the TRAN of the District within the 45-day period beginning
January 7, 2013 (the date of receipt of the letter containing the District Resolution and
said request), and provide notice to that effect to the District — action requested -
EXERCISE THE OPTION TO NOTIFY THE DISTRICT THAT COUNTY ISSUANCE OF A TRAN ON
BEHALF OF THE DISTRICT WILL NOT BE AUTHORIZED AND DIRECT THE CLERK OF THE
BOARD TO SIGN THE MEMORANDUM TO THE DISTRICT.
WATER AND 3.30* Water Advisory Committee (WAC) Appointment - The Basin Management Objective
RESOURCE ordinance (Chapter 33A of the Butte County Code) has provisions regarding the
CONSERVATION membership of the WAC and how its members are appointed. The ordinance states that
the WAC shall be appointed by the Board and be comprised of area-specific members
with one member appointed from each defined sub-inventory unit (SIU) within the
Sacramento Valley Groundwater Basin portion of the County and at-large members for
incorporated municipalities, organized watershed groups, and the Environment and
Agriculture. The Town of Paradise is one of the five municipalities listed in the ordinance.
John J. Rawlings was appointed by the Paradise Town Council on December 11, 2012 to
replace Joe DiDuca as the Town representative on the WAC. The Board is requested to
appoint John J. Rawlings as the Paradise At-large representative (term to end December
31, 2016)-action requested- MAKE APPOINTMENT.
OTHER 3.31* Butte County Fair Association 2013 Budget — action requested — APPROVE THE BUTTE
DEPARTMENTS FAIR ASSOCIATION 2013 BUDGET AND AUTHORIZE THE CHAIR TO SIGN.
AND AGENCIES
PAGE 11 January 29, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—JANUARY 29,2013
PRESENTATION OF THE RESOLUTIONS ADOPTED ON THE CONSENT AGENDA
4.00 REGULAR AGENDA
4.01* Boards, Commissions and Committees
1. Appointments to Listed Vacancies
2. Board Member or Committee Reports
4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
4.03 Items Removed from the Consent Agenda for Board Consideration and Action.
4.04* Quarterly Status Report on the Implementation of the Butte County Regional Economic
Development Strategy - Butte County General Plan 2030, adopted by the Board of
Supervisors on October 26, 2010, included an Economic Development Element. The
Element details the goals, objectives, and action items associated with economic
development planning over the next twenty years. Per the Board's request, staff is
providing a quarterly status report of the implementation of the Butte County Regional
Economic Development Strategy — action requested — ACCEPT FOR INFORMATION. (Chief
Administrative Office)
5.00 PUBLIC HEARINGS AND TIMED ITEMS
9:25 A.M. 5.01* Timed Item - Acceptance of Donation from The American Legion Post 259 and
Memorandum of Understanding for Renovation of the Paradise Veterans Memorial Hall
Kitchen and Budget Adjustment -As part of the Fiscal Year 2012/2013 budget process, the
Butte County Board of Supervisors approved General Services Project 13-044 to replace
the failed main structural beam and complete associated repairs at the Paradise Veterans
Memorial Hall. Now that the structural component of the project is complete, the
remaining $45,000 is committed to improve compliance with the American with
Disabilities Act, as required within the project, and to complete repairs and removing
hazardous material that became necessary subsequent to the beam failure. In an effort to
maximize the benefits of the repair project, The Paradise Unit No. 259, American Legion
Auxiliary, District No. 4, Paradise, through The American Legion Post 259, has offered to
partner with the County by donating$40,000 to renovate the kitchen while contractors are
already on site performing repairs. Staff recommends that the County accept the donation
by resolution and that the Board of Supervisors authorize the General Services Director to
execute the Memorandum of Understanding defining the plans — action requested -
ACCEPT $40,000 DONATION, AUTHORIZE GENERAL SERVICES DIRECTOR TO EXECUTE THE
MEMORANDUM OF UNDERSTANDING; AND APPROVE BUDGET ADJUSTMENT. (General
Services)
PAGE 12 January 29, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 29,2013
9:40 A.M. 5.02* Public Hearing - Tentative Parcel Map TPM 02-23 Larry Bradley - An application for
Tentative Parcel Map TPM 02-23 (Larry Bradley) to divide a 34.3 acre parcel into three 10+
acre parcels was denied by the Development Review Committee on September 12, 2002.
The applicant appealed the denial. The appeal was originally presented to the Board of
Supervisors at a publicly noticed appeal hearing on October 8, 2002. The appeal was
continued several times (December 10, 2002,January 14, 2003,January 28, 2003, February
11, 2003 and August 17, 2004). At the August 17, 2004 hearing, the Board of Supervisors
continued the appeal "open to an unspecified date to allow work on the General Plan
update to be completed" before the item is considered. The General Plan update at that
time did not proceed and the project has been on hold. The County did proceed with a
General Plan update in 2006 and completed it in 2010. This update did not resolve the
issues that led to the denial, so Mr. Bradley has worked with the Agricultural
Commissioner's Office to identify homesite locations that would be compatible with
surrounding and onsite agricultural uses. Homesite locations were identified, and Mr.
Bradley has asked for a determination — action requested - 1) GRANT THE APPEAL AND
ADOPT THE RESOLUTION; 2) ADOPT A MITIGATED NEGATIVE DECLARATION PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA); AND 3) APPROVE THE TENTATIVE
PARCEL MAP, SUBJECT TO THE FINDINGS AND CONDITIONS. (Development Services)
10:00 A.M. 5.03* Timed Item - 2013 State and Federal Legislative Platforms - Each year, the Board of
Supervisors considers and adopts its Legislative Platform, including both state and federal
matters. The County's state and federal legislative advocates have submitted proposed
platforms, after consultation with County departments and the Chief Administrative
Officer,for the Board's consideration. 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 Strategic Local Government Services, LLC
and Kristi More of The Ferguson Group will present the platforms and provide updates
regarding current legislative activities at the state and federal levels — action requested —
ADOPT THE 2013 FEDERAL AND STATE PLATFORMS.
10:20 A.M. 5.04* Timed Item - Butte County Association of Governments (BCAG) Report on the Butte
Regional Conservation Plan - BCAG staff will provide an update on items related to the
development of the Butte Regional Conservation Plan (BRCP), including: recent BRCP
EIS/EIR Public Scoping Meetings and Workshops and a review of the BRCP and EIS/EIR
schedule—action requested—ACCEPT FOR INFORMATION.
PAGE 13 January 29, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—JANUARY 29,2013
10:30 A.M. 5.05* Public Hearing - Appeal of the Planning Commission's Approval of Use Permit UP10-0003
for Helena Chemical Company - On November 8, 2012 the Planning Commission certified
an Environmental Impact Report for the Helena Chemical Nelson Terminal, made findings
regarding significant and unavoidable environmental impacts, approved Use Permit UP10-
0003 for Helena Chemical Company to develop a regional storage and distribution facility
for agricultural chemicals, and recommended that the Board of Supervisors approve
Zoning Code Amendment ZCA11-0002 to amend the Agricultural zone to allow Agricultural
Support uses by Use Permit. The Board adopted a new Zoning Ordinance (Ordinance 4050,
Butte County Code Chapter 24), which became effective December 10, 2012. The new
Zoning Ordinance includes an Agricultural Support zone, which allows Agricultural Support
uses such as the proposed storage and distribution facility, with the issuance of a
Conditional Use Permit. With adoption of the new Zoning Ordinance, ZCA 11-0002 is no
longer required.
On November 19, 2012, an appeal of the Planning Commission's approval of UP10-0003
was filed. The following categories of concern are cited in the appeal letter: the Nelson
site is an inappropriate location, the Draft EIR does not adequately characterize the nature
of the roads and traffic in the area, storm-water protection should be designed to mitigate
a 200-year storm, and fugitive dust can escape from the project site—action requested—
REQUEST THE BOARD DENY THE APPEAL AND APPROVE USE PERMIT UP10-0003 FOR
HELENA CHEMICAL COMPANY AS FOLLOWS:
1. ADOPT THE 'CEQA' RESOLUTION CERTIFYING THE EIR AND MAKING
ENVIRONMENTAL FINDINGS (INCLUDES EXHIBIT 1, SUMMARY OF PROJECT
ENVIRONMENTAL IMPACTS); AND
2. ADOPT THE PROJECT RESOLUTION:
a. MAKING FINDINGS REGARDING SIGNIFICANT AND UNAVOIDABLE
I M PACTS;
b. ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM;
AND
c. DENYING THE APPEAL OF USE PERMIT UP10-0003 WITH FINDINGS AND
CONDITIONS. (Development Services)
RECESS
Recess as the Butte County Board of Supervisors and convene as the Thompson Flat
Cemetery District Board of Trustees.
PAGE 14 January 29, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 29,2013
THOMPSON FLAT CEMETERY DISTRICT
BOARD OF TRUSTEES
AGENDA
JANUARY 29, 2013
1.00 CALLTO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
The Board of Trustees is required to convene at least once a quarter pursuant to Health
and Safety Code 9029.
2.00 CONSENTAGENDA (No Items)
3.00 REGULAR AGENDA (No Items)
4.00 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 is
prohibited from taking action on any item not listed on the agenda.
ADJOURNMENT
Adjourn as the Thompson Flat Cemetery District Board of Trustees and convene as In-
Home Supportive Services Public Authority Board In-Home Supportive Services Public
Authority Board
PAGE 15 January 29, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-JANUARY 29,2013
BUTTE COUNTY
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
AGENDA
JANUARY 29. 2013
1.00 CALL TO ORDER - Butte County Board of Supervisors Room, 25 County Center Drive,
Oroville
2.00 CONSENT AGENDA(No Items)
3.00 REGULAR AGENDA(No Items)
PUBLIC COMMENT(Individual presentations 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
is prohibited from taking action on any item not listed on the agenda.
4.00 CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION
54957.6:
LABOR NEGOTIATORS: CATHI GRAMS,JACK HUGHES& BRIAN RING
EMPLOYEE ORGANIZATION: CUHW
ADJOURNMENT
Adjourn as the In-Home Supportive Services Public Authority Board and reconvene as
the Butte County Board of Supervisors.
PAGE 16 January 29, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—JANUARY 29,2013
6.00 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.
7.00 CLOSED SESSION
(This closed session item will be held contemporaneously with the IHSS Public Authority Board Closed Session)
7.01 ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a): 5 CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO SUPERIOR
COURT CASE NO. 016338;
3. COUNTY OF BUTTE, COUNTY OF PLUMAS v. DEPARTMENT OF WATER RESOURCES,
YOLO CO. SUP. CT CASE NO: CV09-1258;
4. MONICA JOHNSON v. COUNTY OF BUTTE; WCAB ADJ8325830 (WORKERS'
COMPENSATION APPEALS BOARD LEGACY CASE NUMBER) CLAIM NUMBER BUAH-
549682;
5. MISTY ATTAWAY-BAKER v. COUNTY OF BUTTE;WCAB AD8155861 (WORKERS'
COMPENSATION APPEALS BOARD LEGACY CASE NUMBER) CLAIM NUMBER BUAE-
504970.
7.02 INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (c)—1
POTENTIAL CASE: US FOREST SERVICE/PLUMAS NATIONAL FOREST TRAVEL MANAGEMENT
PLAN.
7.03 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
PAGE 17 January 29, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—JANUARY 29,2013
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meeting Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m.
and are 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 as a result of holidays or other events so please check the meeting
calendar to be certain. Copies of the adopted meeting calendar for the year are available in the County
Administrative Office or at the Clerk of the Board website at www.buttecounty.net/cob.
Agenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at
least 72 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 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 libraries (please do not remove items from these files), and at
the Clerk of the Board website. Copies of supporting materials can be made for you at a charge to cover
costs. The list of communications included with the agenda packages is not comprehensive. Additional
communications to the Board of Supervisors may have been received but not included in the agenda
supporting material. Copies of all communications received by the 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. An (*) appearing before an agenda item signifies that material has
been provided to the Board of Supervisors members to explain that item.
Agenda Format and The agenda is usually organized into the following areas and meetings generally proceed in the following
Meeting Order: order:
1. Consent Agenda:these are items that are considered routine and are handled by one motion and vote of
the Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card
(located in 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 podium and request the item be removed. The removed items are
discussed at the end of the Regular Agenda.
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.
3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public
hearing are set. This is the section where appeals before the Board are usually discussed. Hearings may
start after the time listed,but will never start before the time listed.
4. Public Comment: this is the area of the agenda where members of the audience may address the Board
on any 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.
5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances.
This area of the agenda identifies those items that will be discussed during the closed session.
Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to
allow 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. The Board has adopted policy and procedures to facilitate the
meeting process and conduct. A complete listing of these policies and procedures can be found in the
printed booklet agenda,obtained at the County Administrative Office,or viewed at the Clerk of the Board
website.
The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals
with 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. to request disability-related modifications/accommodations or to request materials in
alternate formats. All requests for special accommodations and/or alternative format documents must be
made 48 hours prior to the meeting.
For further information contact the:
Clerk of the Board of Supervisors
County Administrative Office
25 County Center Drive,Oroville,CA 95965
530-538-7631
www.buttecounty.net/cob
PAGE 18 January 29, 2013