HomeMy WebLinkAboutA032216 BUTTE COUNTY
BOARD OF SUPERVISORS MEMBERS OF THE BOARD
l BILL CONNELLY,CHAIR,DISTRICT 1
LARRY WARK,DISTRICT 2
REGULAR MEETING AGENDA
MAUREEN KIRK,DISTRICT 3
MARCH 22, 2016 STEVE LAMBERT,DISTRICT 4
DOUG TEETER,DISTRICT 5
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MEETING LOCATION
BOARD OF SUPERVISOR CHAMBERS
PAUL HAHN, 25 COUNTY CENTER DRIVE,SUITE 205
CHIEF ADMINISTRATIVE OFFICER/ OROVILLE,CALIFORNIA 95965-3380 BRUCE ALPERT,COUNTY COUNSEL
CLERK OF THE BOARD
1. 9:00 a.m. -Call to Order
Pledge of Allegiance
Observation of a Moment of Silence
2. Corrections and/or Changes to the Agenda
3. Consent Agenda
3.01* Agreement with Correctional Counseling Inc. - Correctional Counseling Inc. provides Moral
Reconation Therapy (MRT) training. MRT is a systematic treatment strategy that seeks to decrease
recidivism among juvenile and adult criminal offenders by increasing moral reasoning. This training
includes certifying Butte County Department of Behavioral Health (BCDBH) staff in MRT. This
approach to group counseling will be utilized by BCDBH staff following training and certification.
Approval is requested for an agreement with Correctional Counseling Inc. to provide MRT training
and certification for the BCDBH. The term of this agreement will begin on the date of execution
through June 30, 2016. The maximum financial obligation under this agreement shall not exceed
$30,000 — action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.02* Agreement and Resolution with the State Department of Health Care Services (DHCS) - The State
Department of Health Care Services (DHCS) standard agreement provides State and Federal funding
for a majority of the Department of Behavioral Health's substance use disorder programs. Approval
is requested to amend the agreement with DHCS to add additional funding and to update language.
The term of this agreement remains July 1, 2014 through June 30, 2017. The maximum financial
obligation under this multi-year agreement shall not exceed $11,944,479, broken down as follows:
$3,675,580 for fiscal year (FY) 2014-15; $4,178,354 for FY 2015-16; and $4,090,545 for FY 2016-17
(this is an increase of$1,222,313) —action requested — 1) APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE DIRECTOR OF BEHAVIORAL HEALTH AND THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 2) ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN. (Behavioral Health)
L__March 22,2016—BOARD OF SUPERVISORS AGENDA PAGE 1 OF 14
3.03* Kofile Preservation, Inc. - The County Clerk-Recorder's office began a historical record
restoration/preservation program in FY 1994-95. At that time, a contract was granted to Brown's
River Records Preservation (now doing business as Kofile Preservation, Inc.) with subsequent
contracts through June 30, 2015 for restoring and preserving over 300 original books, dating back to
the 1850's, as well as 528 County maps. This contract will provide for the continuation of the
historical record restoration/preservation project for the County Clerk-Recorder's office. The
contract is for $70,000 and will begin upon execution and end on June 30, 2016. For continuity in
preservation/restoration,the County Clerk-Recorder, with General Service's approval, selected Kofile
Preservation, Inc. —action requested —APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Clerk-Recorder)
3.04* Continuation of Local Drought Proclamation - On July 22, 2015, the Chief Administrative Officer
declared a local emergency caused by drought, which was proclaimed by the Governor on January
17, 2014. On July 28, 2015,the Board of Supervisors reaffirmed and ratified the proclamation of local
emergency associated with drought. State law requires that the Board of Supervisors review the
need for continuing the local emergency every 30 days. As the State continues through its fifth year
of drought, Butte County is feeling the effects, as there continue to be landowners with dry wells. At
this point, the final duration of the emergency has not yet been determined —action requested — 1)
CONFIRM THE NEED FOR CONTINUING THE PROCLAMATION OF A LOCAL EMERGENCY; AND 2)
ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN. (County Administration)
3.05* Approval of Minutes —action requested —APPROVE MINUTES OF MARCH 8, 2016 AND FEBRUARY 9,
2016. (County Administration)
3.06* Agreement with MGT, Inc. -Amendment#1—The Tax Relief Act of 1972 (SB 90) is the implementing
legislation that allows local governments and agencies to submit claims for reimbursement to the
State for costs related to new programs or service level increases that the State mandates local
governments and agencies provide. Since FY 2000-01, Butte County has utilized the services of
different consultants to complete and submit SB 90 claims on the County's behalf. Approval is
requested to amend the current agreement with MGT, Inc. to provide claiming for an additional two
years.The term of this agreement will be July 30, 2013 through June 30, 2018 with no change to the
rates. The maximum financial obligation under this agreement shall not exceed $86,500, which is an
increase of $34,600 from the original contract amount — action requested — APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
3.07* Land Conservation (Williamson) Act Compatibility Determination - Building Permit B15-2233 (Konyn -
LCA15-0005) -Adam and Amanda Konyn have applied for a building permit to allow construction of a
single-family residence on a substandard parcel enrolled in the Williamson Act. Construction of
residences on substandard-size parcels is normally prohibited under the County Williamson Act
program. However, Rule 5.A.5.d allows an exception when land has been transferred to an
immediate family member but remains within the Williamson Act contract; and a joint management
agreement has been recorded between the property owners subject to the contract. The proposed
permit would be permitted under this exception, and therefore requires execution of a joint
management agreement. Under Rule 2.13 of the County's program, the Williamson Act Advisory
Committee makes recommendations to the Board of Supervisors regarding the compatibility of
activities on Williamson Act land. The Board of Supervisors makes the final determination of
compatibility. The Williamson Act Advisory Committee reviewed the building permit application and
draft joint management agreement on December 7, 2015 and recommends to the Board of
Supervisors the issuance of the building permit is compatible with the Williamson Act contingent
upon recordation of the revised joint management agreement — action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Development Services)
March 22,2016—BOARD OF SUPERVISORS AGENDA PAGE 2 OF 14
3.08* Request to Amend Development Services Position Allocation - The Department of Development
Services began enforcing the County's Restriction on Cultivation of Medical Marijuana Ordinance in
January 2015 and the Department received 1,489 complaints about medical marijuana cultivation
and issued 894 citations during the year. Eight extra-help staff (six Code Enforcement Officers and
two support staff) were hired for the 2015 cultivation season to augment two existing Code
Enforcement Officers in addressing the additional case load from enforcing violations to the
restriction on medical marijuana cultivation. Given the Board's ability to regulate local land use,
enforcement of restrictions on cultivating medical marijuana is likely to be in the Department's
program of work going forward and it is not sustainable for a demanding, complex program such as
this to be operated with extra-help staff. The Department requests an amendment to the Salary
ordinance to add four (4) positions: two (2) Code Enforcement Officers, one (1) Office
Assistant/Office Specialist/Office Specialist Senior, and one (1) Fiscal Manager to address ongoing
needs for enforcing violations to the County's Restriction on Cultivation of Medical Marijuana
Ordinance. The Code Enforcement Officers and the Office Assistant positions will be primarily
assigned to Code Enforcement. These positions will be assigned along with existing staff to all code
case types. The Fiscal Manager position will be assigned to work with the span of fiscal issues within
the department, though, a key aspect of this position is the growing demands of the Code
Enforcement processes. These processes include Nuisance Abatement and related liens, Abandoned
Vehicle Abatement towing and revenue disbursement, and citations and penalties from violations to
the County's Restriction on Cultivation of Medical Marijuana Ordinance. The cost of the additional
positions is included in the Department's FY 2015-16 budget allocation and will be included within
the Department's budget request for FY 2016-17 —action requested -ADOPT THE RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Development Services)
3.09* Amendment Three to Agreement with the Alliance For Workforce Development (AFWD) for
Employment Resource Services -Approval is requested for an amendment to the agreement with the
Alliance for Workforce Development (AFWD), for provision of Employment Resource Services to
CalWORKs Welfare-To-Work participants and the general public. AFWD is a non-profit agency that
provides clients with a full range of employment-related services including current job listings,
resume-writing assistance, help with online job searching, job interview preparation, and other
employment readiness activities. The agreement is being amended due to an increased number of
clients requiring services. The term of the agreement remains July 1, 2013 through June 30, 2016,
with a maximum payable amount of$1,350,000 ($350,000 for FY 2013-14; $550,000 for FY 2014-15;
and $450,000 for FY 2015-16). This is an increase of $100,000 for FY 2015-16 — action requested -
APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Employment and Social Services [DESS])
3.10* Amendment Two to Agreement with Alpha Connection Youth and Family Services for Supervision
Services - Approval is requested for an amendment to the agreement with Alpha Connection Youth
and Family Services. Currently, Alpha Connection Youth and Family Services is providing 24-hour
intensive staff supervision to a Butte County youth placed in their residential group home located in
Apple Valley, California. This amendment provides for additional contractor staff to provide 24-hour
supervision due to the increased needs of the youth. The term of the agreement shall be December
1, 2015 extended through June 30, 2016 with a maximum payable amount of$160,800 (an increase
of $87,840) — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (DESS)
March 22,2016—BOARD OF SUPERVISORS AGENDA PAGE 3 OF 14
3.11* Amendment Two to Agreement with Valley Oak Children's Services to Provide CalWORKs Stage One
Child Care Services - Approval is requested for an amendment to the agreement with Valley Oak
Children's Services for the provision of mandated CalWORKs Stage One Child Care services. These
services assist clients in eliminating barriers to employment and participating in educational
programs. The agreement is being amended due to an increased number of children requiring child
care. The term of the agreement remains July 1, 2013 through June 30, 2016, with a maximum
payable amount of $4,990,000 ($1,400,000 for FY 2013-14; $1,690,000 for FY 2014-15; and
$1,900,000 for FY 2015-16). This is an increase of $500,000 for FY 2015-16 — action requested -
APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (DESS)
3.12* Award of Contract to Slater and Son, Inc., for Tenant Infill at 3217 Cohasset Road, Chico, for
Behavioral Health - On October 27, 2015, the Board approved the lease of 3217 Cohasset Road, in
Chico,for the relocation of the Behavioral Health Department's administrative functions. In addition,
the Board approved budget adjustments to utilize $100,000 in funding provided by the property
owner to allow the County to complete tenant infill improvements necessary for occupation by the
Department that will be consistent with other design features of the facility. The bids received
ranged from a low of$298,306 to a high of$363,900. Staff recommends that the Board approve the
plans and specifications, and approve the agreement with Chico based Slater and Son, Inc. in the
amount of$298,306 to complete the project. The detailed Plans and Specifications are available for
viewing at the General Services Department, and funding for the project is contained in the current
Capital Improvement Budget — action requested - 1) APPROVE THE CONSTRUCTION PLANS AND
SPECIFICATIONS, IFB NO. 58-16; 2) APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR CONTROLLER; AND 3) APPOINT THE
GENERAL SERVICES DIRECTOR AS THE OFFICER OF THE PROJECT. (General Services)
3.13* Award of Contract to Scott Gibson Architect, INC. for Design of Tenant Infill at 205 Mira Loma, Suite
30, for DESS - On February 23, 2016, the Board approved a lease of 205 Mira Loma, Suite 30, in
Oroville, for occupancy by the Department of Employment and Social Services (DESS). To maximize
efficiency, DESS requires tenant infill improvements necessary for occupation by the Department.
Staff recommends that the Board award the contract for the interior design phase of 205 Mira Loma,
Suite 30, to Scott Gibson Architect, INC. with a not-to-exceed amount of $28,850. Once the
improvements are designed, staff will return to the Board for approval of the construction contract.
Funds for this design phase are included within the FY 2015-16 Capitol Project budget and no
additional appropriation is required — action requested - APPROVE THE CONTRACT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
(General Services)
3.14* Amendment One to Lease of 109 Table Mountain Boulevard in Oroville with Mannerino Trust, for
Occupancy by Public Health - The Butte County Department of Public Health occupies a warehouse
at 109 Table Mountain Boulevard for storage of emergency supplies and equipment. The current
lease, in hold-over status, has a monthly rent payment of$0.345 per square foot including Common
Area Maintenance (CAM) charges, for a total monthly payment of $1,035 per month for the 3,000
square foot facility. Under the terms of the Amendment, the rent payment, including CAM charges,
will have a rate of approximately$0.35333 per square foot for a total payment of$1,060 per month.
Additionally, the Amendment will extend the planned termination date for this agreement to
September 30, 2018. Funding for this lease is identified within the Public Health FY 2015-16 budget
and no additional appropriation is required — action requested - APPROVE THE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (General Services)
March 22,2016—BOARD OF SUPERVISORS AGENDA PAGE 4 OF 14
3.15* Sublease Agreement of 205 Mira Loma Drive Suite#40 in Oroville with Guillon Inc.,for Occupancy by
Public Health - The Butte County Department of Public Health occupies 205 Mira Loma Drive Suite
#40, for warehouse storage of emergency supplies and equipment. The facility is owned by the Jon
H. Bechtel Trust and,through a Master Lease, is under the control of Guillon, Inc. Staff recommends
that the Board execute a sublease of the facility from Guillon, Inc. The current sublease, in hold-over
status, has a monthly rent payment runs$0.50 per square foot including Common Area Maintenance
(CAM) charges, for a total monthly payment of $1,657.50 per month for the 3,315 square feet.
Under the terms of the new sublease, the rent payment, including CAM charges, will have a rate of
$0.52 per square foot for a total payment of$1,723.80 per month. The planned termination date for
this agreement is February 28, 2021, and includes the option to extend for an additional sixty month
period. Funding for this sublease is identified within the approved Public Health FY 2015-16
operating budget and no additional appropriation is required. In addition, and in an effort to secure
the rights of occupancy by Public Health in the event that the Master Lease between the Jon H.
Bechtel Trust and Guillon, Inc. expires or is terminated, staff also recommends that the Board
approve the Attornment Agreement with the Jon H. Bechtel Trust. The Attornment Agreement
establishes the occupancy rights of PH directly with the Jon H. Bechtel Trust in the event the facility
is no longer under the control of Guillon, Inc. — action requested — 1) APPROVE THE LEASE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER; AND 2) APPROVE THE ATTORNMENT AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(General Services)
3.16* Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following departments.These changes will increase
the total allocations in the County by 1 FTE.
COUNTY ADMINISTRATION: requests to delete one (1) vacant Deputy Chief Financial Officer and add
one (1) Assistant Chief Administrative Officer position. The department has been without an
Assistant Department Head since 2009 and has determined it is time to reinstate the classification in
the Department to meet operational needs. The total allocations in the department will remain
unchanged.There will be no additional budget impact to the General Fund.
DISTRICT ATTORNEY: requests to change (1) flexibly staffed, Limited Term position of District
Attorney VI, III, 11, 1 (term position to end 6/30/2016) to become a permanent flexibly staffed District
Attorney VI/III/11/1. The total allocations in the department will remain unchanged and there will be
no additional budget impact on the General Fund.
GENERAL SERVICES: requests to add (1) Limited Term position of Capital Improvement Project
Manager (term position to end 1/31/2021). Allocation of this position to General Services will allow
for one Project Manager to be dedicated to the Jail project for the duration of the project as detailed
in previous reports to the Board. Needed budget adjustments have already been approved as part of
previous Board actions and no additional adjustments are needed. The total allocations in the
department will increase by one (1).
HUMAN RESOURCES: requests to delete one (1) vacant flexibly staffed Human Resources Analyst,
Principal/ Human Resources Analyst, Senior/Human Resources Analyst/Human Resources Analyst,
Associate and add one (1) flexibly staffed Human Resources Technician, Senior/Human Resources
Technician/Human Resources Technician, Associate and add one (1) Labor Relations Officer. These
changes will better suit the current and future needs of the department. The total allocations in the
department will increase by one (1). There will be no additional budget impact on the General Fund.
March 22,2016—BOARD OF SUPERVISORS AGENDA PAGE 5 OF 14
HUMAN RESOURCES: Per the request of County Administration above, the Human Resources
Department is requesting to change the salary range for Assistant Chief Administrative Officer
(Section 28, Reference L (Effective 1/2/16-2% and Effective 12/31/16-2%) of the Salary Ordinance
titled, "Non-Represented Classifications" in accordance with resolution 15-180 section 1.6 a. The
updated salary range shall be set at 93.
INFORMATION SYSTEMS: Information Systems Department is requesting to delete one (1) vacant
GIS Technician related to a reclassification and delete one (1) vacant Accounting Systems Analyst and
add one (1) flexibly staffed Information Systems Analyst, Senior/Information Systems Analyst/
Information Systems Analyst, Associate to better suit the needs of the department. Total allocations
for in the department decrease by one (1). There is no additional budget impact on the General
Fund.
PUBLIC HEALTH: The Public Health Department is requesting to delete one (1)vacant flexibly staffed
Public Health Nurse, Senior/Public Health Nurse/ Public Health Nurse, Associate/Staff Nurse, Senior/
Staff Nurse/Staff Nurse, Associate and add one (1) Supervisor, Pubic Health Nurse to better meet the
current and future organizational needs of the department. The total allocations in the department
will remain unchanged and there will be no budget impact on the General Fund —action requested—
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
3.17* Resolution Recognizing National Public Health Week 2016 - In 1995, a presidential proclamation
designated the first week of April each year as National Public Health Week. In observance of Public
Health Week, the Public Health Department is requesting the Board of Supervisors adopt a
resolution recognizing the week of April 4th through 10th as National Public Health Week 2016. The
theme for this year's National Public Health Week is "Healthiest Nation 2030." The 2016 National
Public Health Week theme was developed to create awareness that healthy communities start with
healthy individuals. The theme involves two steps: 1) Creating a healthy "me" by promising to make
healthy choices that improve our health and set examples for our family and friends; and 2) Creating
a healthy "we" by promising to support efforts to improve the social and environmental factors that
affect everyone's health and limit the ability for many people to make healthy choices. The Public
Health Department will be focusing its internal educational efforts during Public Health Week on
promoting healthy lifestyle and diet changes to improve the health of our work community. Butte
County Health Department has also organized the second annual countywide walking challenge
where 50 teams (444 members) and an additional 141 individuals representing all county
departments are competing to see who can take home the bragging rights for most steps walked.
Other activities include daily walks with Public Health staff lead by division or program leaders,
healthy snack baskets available at all Public Health locations, and Public Health awards to recognize
the outstanding professionalism, dedication and contributions made by Butte County Public Health
employees — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public
Health)
March 22,2016—BOARD OF SUPERVISORS AGENDA PAGE 6 OF 14
3.18* Grant Agreement with California State Department of Public Health for Hepatitis C (HCV) Project -
Approval is requested for a revenue agreement with the California Department of Public Health
(CDPH) for the provision of the Hepatitis C Virus (HCV) Testing and Linkages to Care Project. This
three-year grant program will focus on increasing the number of individuals with probable HCV cases
who receive follow-up confirmatory testing and appropriate case management and clinical care. This
will be achieved through outreach efforts to individuals with unconfirmed HCV and working with key
partners and community members to reduce barriers to care, especially in high-risk and under-
served populations. The term of the agreement is March 1, 2016 through June 30, 2018. The
maximum amount receivable over the term of the agreement is $549,000 ($183,000 for March 1,
2016 through June 30, 2016; $183,000 for July 1, 2016 through June 30, 2017; and $183,000 for July
1, 2017 through June 30, 2018) — action requested — 1) APPROVE AGREEMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 2)
APPROVE A BUDGET ADJUSTMENT(4/5 vote required). (Public Health)
3.19* Resolution Giving Notice of Hearing to Vacate an Unnecessary Public Right-of-Way in the Community
of Nord - The Department of Public Works has received a petition to vacate (abandon) portions of
unnecessary public rights of way in the Town of Nord southwest of Market Street. The proposed
streets to be vacated are as follows: 1) The southwesterly extension of Folsom Street between
Market Street and Sacramento Street; 2) The northwestern half of the southwesterly extension of
Washington Street between Market Street and Sacramento Street; and 3)The portion of Sacramento
Street between Folsom Street and Washington Street. These streets were created by an antiquated
map of the Town of Nord. The map was not approved by the Board of Supervisors, but the streets
were offered to the public so there is some public interest in them. There currently are no County
maintained roads in these areas and the surrounding property owners have asked for the vacation to
add these strips to their own parcels. Public Works has no objection to the vacation. The vacated
portions of these streets will be Quit Claimed to the following parcels: APN 047-170-034 - McClung;
APN 047-170-033 - Hernandez; and APN 047-170-017 - Roberson. On January 28, 2016, the Planning
Commission determined that the request was in conformance with the General Plan — action
requested -ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
3.20* State Of California, Off-Highway Motor Vehicle Recreation (OHMVR) Grant - The Sheriff's Office
patrols back-country recreation areas via snow machines or off-road vehicles to assist
recreational ists, perform rescues when necessary and to educate the public as to safe practices
when enjoying the remote outdoors. The Sheriff's Office endeavors to pursue grant funding when
available. On March 7, 2016, the Sheriff's Office submitted their preliminary 2017 grant application
to California Department of State Parks and Recreation, Off-Highway Motor Vehicle Recreation. The
grant will provide uniformed law enforcement year-round on the Plumas and Lassen National Forest,
Jonesville Snowpark and Butte Meadows during periods of high usage.The grant application requires
a Board of Supervisors Resolution approving the applicant to apply for grant funds. If approved, the
grant request in the amount of$97,611 requires a match of approximately$33,356. The match will
be met by existing county funded personnel providing supervisory and administrative grant
oversight, extra help personnel, Search & Rescue volunteers, and a capital asset of a Jeep Rubicon
vehicle. Matching funds will be expended using OHV green sticker funds. Upon successful grant
award, the Sheriff's Office will prepare another agenda item for Board approval —action requested —
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff-Coroner)
March 22,2016—BOARD OF SUPERVISORS AGENDA PAGE 7 OF 14
3.21* Technical Advisory Committee Appointment -The Groundwater Conservation Ordinance (Chapter 33
of the Butte County Code) has provisions regarding the membership of the Technical Advisory
Committee (TAC) and how its members are appointed. The ordinance defines the TAC as a seven
person committee nominated by the Butte County Water Commission and appointed by the Board.
TAC members must have substantial expertise in water management or hydrology. Amanda Aguiar
of Butte County Environmental Health has taken over the responsibilities in the water program
previously held by Elaine McSpadden who has been serving on the TAC. Elaine McSpadden has
resigned her position and Environmental Health Director Brad Banner recommends the appointment
of Ms. Aguiar to the TAC. On March 2, 2016,the Butte County Water Commission voted unanimously
to recommend the Board of Supervisors appoint Amanda Aguiar to the TAC — action requested -
APPOINT AMANDA AGUTAR TO THE TECHNICAL ADVISORY COMMITTEE. (Water and Resource
Conservation)
4. Regular Agenda
4.01* Boards, Commissions and Committees
A. Appointments to Listed Vacancies
B. Board Member/Committee Reports and Board Member Comments
(Pursuant to CA State law,the Board is prohibited from taking action on any item not listed on the agenda.)
4.02 Update of Current Budget/Legislative Issues by the Chief Administrative Officer - action requested -
PROVIDE DIRECTION TO STAFF.
4.03* General Plan Follow-Up and Implementation by Director of Development Services.
4.04 Items Removed from the Consent Agenda for Board Consideration and Action.
4.05* Introduction of an Ordinance - Revision of Butte County On-Site Wastewater Systems Ordinance
(BCC Chapter 19) and On-Site Wastewater Manual - On March 16, 2010, the Board of Supervisors
adopted the On-Site Wastewater Systems Ordinance (BCC Chapter 19) and a resolution adopting the
On-Site Wastewater Manual specifying technical and procedural requirements for wastewater
system. State Water Resources Control Board adopted on June 19, 2012 the "On-Site Wastewater
Treatment Systems (OWTS) Policy" that sets forth standards for on-site wastewater systems that
must be applied at the local level. As a result, revisions are needed to the County's wastewater
ordinance and manual. The proposed ordinance revisions address OWTS Policy requirements and
enhance the wastewater program by: 1) Streamlining the process for permitting graywater systems;
2) Increasing local jurisdiction of systems from 2,500 to 10,000 gallons per day; 3) Increasing from 18
to 24 inches the depth of soil beneath drainfields to groundwater for existing parcels; 4) Clarifying
Certified Designer credential requirements; 5) Creating a new Certified Operation, Monitoring, and
Maintenance Specialist level for pressure distribution systems; and (6) Modifying terminology for
greater clarity. Proposed Manual changes would include: 1) Authorize Environmental Health to
obtain the services of a third party engineer to assist in the review of large, complex wastewater
system designs or defer oversight to the Regional Board; 2) Designate concentrated recreational
vehicle waste as "high strength"; 3) Increase certain setbacks to public water systems; 4) Update
guidance for Mound System installation; and 5) Increase clarity and consistency with the Ordinance—
action requested -WAIVE THE FIRST READING OF THE ORDINANCE. (Public Health)
March 22,2016—BOARD OF SUPERVISORS AGENDA PAGE 8 OF 14
4.06* Purchasing Policy and Introduction of Two Ordinances to Repeal and Replace Chapters 46 and 51 of
Butte County Code - The latest version of the Purchasing Manual was adopted by the Board of
Supervisors on December 16, 2003 and no longer meets the needs of the County. A Pilot Team was
created in 2012 charged with drafting and testing improved policies and procedures designed to
improve procurement functions throughout the County. Staff recommends that the Board adopt the
new policies and procedures and introduce related updates to Butte County Code replacing Chapters
46 and 51. The Pilot Team, led by General Services, has completed and tested new policies and
procedures for Board consideration titled "The Center—Led Contracts/Procurement Policies and
Procedures Manual." The new policies and procedures are a comprehensive re-write based on a
Center—Led business model intended to take best practices from both the centralized and
decentralized approaches to contracting and procurement. A Center—Led policy centralizes the
drafting of policy and negotiating of complex and strategic transactions, while providing the
departments more authority, once trained, to handle normal day-to-day functions in a decentralized
fashion. A summary of key changes between the old manual and the new, along with a transition
plan for migrating all County departments to the new policies and procedures, is included in the staff
report — action requested — 1) ADOPT THE CENTER-LED CONTRACTING/PROCUREMENT POLICIES
AND PROCEDURES EFFECTIVE MAY 12, 2016 AND AUTHORIZE THE CHAIR TO SIGN; AND 2) AND
WAIVE THE FIRST READING OF EACH ORDINANCE (2). (General Services)
4.07* Introduction of an Ordinance adding Article VI, entitled "Regulations for Limited Density Owner-Built
Rural Dwellings", to Chapter 26 - The Concow Community Citizens Committee requested the
Department of Development Services recommend re-adopting the ordinance adding Article VI,
entitled, "Regulations for Limited Density Owner-Built Rural Dwellings," to Chapter 26 of the Butte
County Code, entitled, "Building." The Department recommends the Board adopt the ordinance
specific to the Concow/Yankee Hill/Big Bend area with no expiration date. Citizens of the
Concow/Yankee Hill/Big Bend area have expressed a desire to legalize the construction of Limited
Density Owner-Built Rural Dwellings (LDOBRD) in compliance with Article VI, and have emphasized
the values of affordability, sustainability, self-sufficiency, creativity, and character of the rural
communities. A large portion of the Concow/Yankee Hill/Big Bend area is very remote and utility
services are cost prohibitive and difficult to obtain. Since the initial adoption of these regulations by
Butte County in 2009, which expired December 31, 2015, 12 new homes were constructed in the
Concow/Yankee Hill/Big Bend area utilizing the ordinance. There were no problems linked to the use
of the ordinance since its original adoption. The 2013 California Residential Code includes language
that references the ability to use LDOBRD when adopted by ordinance by the local jurisdiction.
Currently, there are nine Counties, in addition to Butte County, that have adopted a LDOBRD
Ordinance: Amador, Del Norte, Humboldt, Marin, Mendocino, Mono, Nevada, Sonoma and Ventura
—action requested -WAIVE THE FIRST READING OF THE ORDINANCE. (Development Services)
March 22,2016—BOARD OF SUPERVISORS AGENDA PAGE 9 OF 14
S. Public Hearings and Timed Items
5.01* 9:30 a.m. -Timed Item—2016 Update of Activities of the Sutter Butte Flood Control AgencV(SBFCA) -
Each Year SBFCA staff provide an update the Board on the agency's activities. This Year, SBFCA
achieved significant progress on the project in a number of areas including construction, design,
right-of-way, environmental clearance, and permitting. Mike Inamine, Executive Director or Michael
Bessette, Director of Engineering for SBFCA will update the Board on SBFCA activities over the last
Year—action requested—ACCEPT FOR INFORMATION. (Public Works)
5.02* 9:45 a.m. — Public Hearing—Application for Outdoor Festival License (MISC15-0006) - Monser (Field
of Haze Music& Lifestyle Festival) -Jeff Monser has submitted an application for an Outdoor Festival
License per Chapter 12, Article III. Outdoor Festivals (Butte County Code Sections 12-25 through 12-
33). The festival is proposed for one day, Saturday, April 16, 2016, from 10:00 a.m. to 12:00 a.m.
They anticipate to have a total of 2,500 to 4,500 people, which includes 60 to 80 volunteers. The
festival is proposed to be held at the 'Field of Dreams' property located at the northeast corner of
SR-70 (Clark Road) and O'Neal Road in Butte Valley. Specifically,the festival will be held on APN 041-
150-029 with parking on APN 041-150-045. The festival will include music, art, clothing, craft
vendors, and a wide variety of food concessions. The Development Services Department has
completed an environmental review of the application, completed a site visit, and determined that
since no permanent structures will be built, the project is categorically exempt from the California
Environmental Quality Act (CEQA), per Section 15304 (e) of the CEQA Guidelines - "Minor temporary
use of land having negligible or no permanent effects on the environment, including carnivals, etc.".
The festival application was circulated to affected County departments and other agencies for their
comments and requirements — action requested — 1) FIND THE FESTIVAL TO BE CATEGORICALLY
EXEMPT UNDER SECTION 15304(E) OF CEQA; AND 2) APPROVE THE APPLICATION FOR OUTDOOR
FESTIVAL LICENSE MISC16-0006 SUBJECT TO RECOMMENDED CONDITIONS. (Development Services)
5.03* 9:55 a.m. —Applications for Outdoor Festivals at 2500 Estes Road, Chico, CA— Per Chapter 12, Article
III. Outdoor Festivals (Butte County Code Sections 12-25 through 12-33).
A. Application for Sherwood Montessori Charter School - Sherwoodstock (MISC16-0002) —
Sherwood Montessori Charter School has submitted an application for an Outdoor Festival
License.The festival is proposed for one day, Saturday, May 14, 2016,from 4:00 p.m.to 8:00
p.m. They anticipate having a total of 400 people, which includes 100 volunteers. The
festival and parking are proposed to be on APN 039-410-032 and additional parking on APN
039-410-039. The festival site is at the end of Estes Road (2500 Estes Road), south and west
of Chico. The festival is described as a family-oriented fundraiser featuring children's crafts
and activities; a silent auction; and performances of amplified sound, including jazz, folk,
country and world music. It will also include food trucks, volunteer-operated beverage
booths, and a Kleen Kanteen water station. The Development Services Department has
completed an environmental review of the application, completed a site visit, and
determined that since no permanent structures will be built, the project is categorically
exempt from the California Environmental Quality Act (CEQA), per Section 15304 (e) of the
CEQA Guidelines, "Minor temporary use of land having negligible or no permanent effects
on the environment, including carnivals, etc.". The festival application was circulated to
affected County departments and other agencies for their comments and requirements —
action requested — 1) FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION
15304(E) OF CEQA; AND 2) APPROVE THE APPLICATION FOR OUTDOOR FESTIVAL LICENSE
MISC16-0002 SUBJECT TO RECOMMENDED CONDITIONS. (Development Services)
March 22,2016—BOARD OF SUPERVISORS AGENDA PAGE 10 OF 14
B. Application for Wildflower Open Classroom (MISC16-0004)—Wildflower Open Classroom has
submitted an application for an Outdoor Festival License. The festival is proposed for one
day, Saturday, May 7, 2016, from 12:00 p.m. to 8:00 p.m. They anticipate to have a total of
750 people, which includes 200 volunteers. The festival and parking are proposed to be on
APN 039-410-032 and parking on APN 039-410-039. The festival site is at the end of Estes
Road (2500 Estes Road), south and west of Chico. The festival is described as a family-
oriented fundraiser for a public charter school featuring children's crafts and activities; a
silent auction; and several performances of amplified sound, including jazz, folk, country,
and world music. Food will be provided by food trucks, volunteer-operated beverage
booths, and a Kleen Kanteen water station. The Development Services Department has
completed an environmental review of the application, completed a site visit, and
determined that since no permanent structures will be built, the project is categorically
exempt from the California Environmental Quality Act (CEQA), per Section 15304 (e) of the
CEQA Guidelines - "Minor temporary use of land having negligible or no permanent effects
on the environment, including carnivals, etc.". The festival application was circulated to
affected County departments and other agencies for their comments and requirements —
action requested — 1) FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION
15304(E) OF CEQA; AND 2) APPROVE THE APPLICATION FOR OUTDOOR FESTIVAL LICENSE
MISC16-0004 SUBJECT TO RECOMMENDED CONDITIONS. (Development Services)
C. Application for KZFR Golden Valley Broadcasters Outdoor Festival License (MISC16-0005) —
KZFR Golden Valley Broadcasters has submitted an application for an Outdoor Festival
License. The festival is proposed for one day, Thursday, June 16, 2016, from 6:00 p.m. to
10:00 p.m. They anticipate to have a total of 400 people, which includes 50 volunteers. The
festival and parking are proposed to be on APN 039-410-032 and parking on APN 039-410-
039. The festival site is at the end of Estes Road (2500 Estes Road), south and west of Chico.
The festival is described as a KZFR benefit concert with James McMurtry. It will include food
trucks, beverage booths with bottled water provided free. The Development Services
Department has completed an environmental review of the application, completed a site
visit and determined that since no permanent structures will be built, the project is
categorically exempt from the California Environmental Quality Act (CEQA), per Section
15304 (e) of the CEQA Guidelines - "Minor temporary use of land having negligible or no
permanent effects on the environment, including carnivals, etc.". The festival application
was circulated to affected County departments and other agencies for their comments and
requirements — action requested — 1) FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT
UNDER SECTION 15304(E) OF CEQA; AND 2) APPROVE THE APPLICATION FOR OUTDOOR
FESTIVAL LICENSE MISC16-0005 SUBJECT TO RECOMMENDED CONDITIONS. (Development
Services)
6. Board of Supervisors 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.
Recess
Recess as the Butte County Board of Supervisors and convene as the In-Home Supportive Services Public
Authority Board.
March 22,2016—BOARD OF SUPERVISORS AGENDA PAGE 11 OF 14
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
AGENDA
MARCH 22, 2016
1. Call to Order- Butte County Board of Supervisors Chambers, 25 County Center Drive, Oroville.
2. Consent Agenda (No Items)
3. Regular Agenda (No Items)
4. IHSS PA Board Closed Session
(To be held contemporaneously with the Board of Supervisors closed session)
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: CATHI GRAMS,JACK HUGHES AND BRIAN RING
EMPLOYEE ORGANIZATION: UDW
S. IHSS PA Board 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.
Adjournment
Adjourn as the In-Home Supportive Services Public Authority Board and reconvene as the Butte County Board
of Supervisors.
March 22,2016—BOARD OF SUPERVISORS AGENDA PAGE 12 OF 14
7. Board of Supervisors Closed Session (To be held contemporaneously with the IHSS PA Board closed session)
7.01 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES AND BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA;
DSA- MANAGEMENT/SUPERVISORY UNIT;
DSA-GENERAL UNIT;
BCCOA-SUPERVISORY UNIT;
BCCOA-GENERAL UNIT;
CONFIDENTIAL UNIT;
PPOA- MANAGEMENT UNIT;
NON-REPRESENTED UNIT;
SKILLED TRADES UNIT
7.02 ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(1) -3 CASES:
A. CATHERINE SMITH,JOINT SUCCESSOR-IN-INTERESTTO DECEDENT CORY BUSH; M.B.,JOINT-
SUCCESSOR-INTEREST TO DECEDENT CORY BUSH,THROUGH HIS GUARDIAN AD LITEM,
VICTORIA MOSELEY v. COUNTY OF BUTTE, ET AL., AND DOES 1-25; USDC EASTERN DISTRICT
CASE NO. 15-cv-00988-KJM-CMK;
B. HELENA MEYER v. COUNTY OF BUTTE; WORKERS' COMPENSATION APPEALS BOARD LEGACY
CASE NO. ADJ1551306 (CLAIM NO. BUAC-347654); AND
C. AMY GRANAT, CORKY LAZZARINO, SIERRA ACCESS COALITION, ET AL. v. UNITED STATES
DEPARTMENT OF AGRICULTURE, UNITED STATES FOREST SERVICE, ET AL.; USDC EASTERN
DISTRICT CASE NO. 15-00605 MCE-EFB.
March 22,2016—BOARD OF SUPERVISORS AGENDA PAGE 13 OF 14
Butte County
Department Heads Information and Procedures Concerning the Agenda and
Board of Supervisors Meetings
Agricultural
Commissioner: Meeting Information:
Luis Mendoza
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:
Chief Administrative
Officer: The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72
Paul Hahn hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board
Chief Probation Officer: website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to explain
Steve Bordin 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
Child Support Services: do not remove items from these files), and at the Clerk of the Board website. Copies of supporting materials can
Sean Farrell be made for you at a charge to cover costs. The list of communications included with the agenda packages is not
Clerk-Recorder-Registrar comprehensive. Additional communications to the Board of Supervisors may have been received but not included
of Voters*: in the agenda supporting material. Copies of all communications received by the Board of Supervisors(excluding
Candace Grubbs documents that are not a public record within the meaning of the Public Records Act) are available at the
County Counsel: Administrative Office upon request. An (*) appearing before an agenda item signifies that material has been
Bruce Alpert provided to the Board of Supervisors members to explain that item.
Development Services: Agenda Format and Meeting Order:
Tim Snellings
The agenda is usually organized into the following areas and meetings generally proceed in the following order:
District Attorney*: 1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the
Mike Ramsey Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card(located in the
Employment&Social 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
Services: asks if there is anything anyone would like to remove from the Consent Agenda, stand and approach the podium
Cathi Grams and request the item be removed. The removed items are discussed at the end of the Regular Agenda.
Farm,Home&4-H Advisory: 2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items
Randall Mutters 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
Interim Fire Chief: set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time
Darren Read listed,but will never start before the time listed.
General Services: 4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any
Grant Hunsicker matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda,
Human Resources: but may respond to statements or questions and provide staff direction.
Brian Ring 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.
Information Systems:
Art Robison Public Participation:
Library: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow
Melanie Lightbody members of the public the opportunity to comment on all matters before the Board. Public participation is limited
Public Health: to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. The
Cathy Raevsky Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing of these
Public Works: policies and procedures can be found in the printed booklet agenda, obtained at the County Administrative Office,
Mike Crump 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
Sheriff-Coroner*: 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
Kory Honea request disability-related modifications/accommodations or to request materials in alternate formats. All requests
Treasurer-Tax Collector*: for special accommodations and/or alternative format documents must be made 48 hours prior to the meeting.
Peggy Moak
For further information contact the:
Water&Resource Clerk of the Board of Supervisors
Conservation: County Administrative Office
Paul Gosselin 25 County Center Drive,Suite 200,Oroville,CA 95965
530-538-7631
*Elected Official
March 22,2016—BOARD OF SUPERVISORS AGENDA PAGE 14 OF 14