HomeMy WebLinkAboutA032718 BUTTE COUNTY
MEMBERS OF THE BOARD
BOARD OF SUPERVISORS
BILL CONNELLY,DISTRICT 1
REGULAR MEETING AGENDA LARRY WAHL,DISTRICT 2
p MAUREEN KIRK,DISTRICT 3
MARCH 27,, 2018 STEVE LAMBERT,CHAIR,DISTRICT 4
C A L V F C7 R N I A a DOUG TEETER,DISTRICT 5
9:00 AM
SHARI MCCRACKEN
INTERIM CHIEF ADMINISTRATIVE OFFICER MEETING LOCATION BRUCE ALPERT,COUNTY COUNSEL
CLERK OF THE BOARD BOARD OF SUPERVISORS CHAMBERS
25 COUNTY CENTER DRIVE,SUITE 205
OROVILLE,CALIFORNIA 95965-3380
1. CALL TO ORDER
Pledge of Allegiance
Observation of a Moment of Silence
2. CORRECTIONS AND/OR CHANGES TO THE AGENDA
3. CONSENT AGENDA
3.01 Agreement Amendment with Cell Staff, LLC for Additional Clinical Services - Cell Staff, LLC (Cell
Staff), is a recruiting agency that provides medical and mental health practitioners including
nurses and therapists for placement at hospitals and clinics on a short-term basis. Due to the
shortage and frequent turnover of these clinical positions, the department utilizes recruiting
agencies on an as needed basis.This agreement allows placement of short-term therapists within
the County's programs including the inpatient psychiatric health facility and crisis stabilization
unit.Approval is requested to amend the agreement with Cell Staff for the provision of additional
clinical services.The department has been working to recruit these clinical positions. Meanwhile,
this amendment will allow for continuity of services. The financial obligation under this
agreement shall not exceed $180,000 (an increase of$30,000). The term of the agreement will
remain July 1, 2017 through June 30, 2020,with no change in rates—action requested-APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health)
3.02 Agreement Amendment with Tre'Creative, LLC for Video Production -Tre'Creative, LLC is a local
company that has been providing photography and video services since 2011. These services
include providing photo/video production for the Behavioral Health Department's prevention
program to decrease youth alcohol and drug use.Approval is requested to amend the agreement
with Tre'Creative, LLC to provide one additional task, video production for the "Marijuana
Prevention and Education Commercials."This additional service is in support of the department's
prevention program.The term of this agreement will remain February 27, 2018 through June 30,
2018. The maximum financial obligation under this agreement shall not exceed $44,375 (an
increase of$5,950) —action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Behavioral Health)
3.03 Approval of Board Minutes — Submitted for approval are the minutes for the March 13, 2018
Board of Supervisors regular meeting — action requested — APPROVE BOARD MINUTES FOR
MARCH 13, 2018. (County Administration)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 27,2018
3.04 Contract Amendment with CliftonLarsonAllen LLP for Audit Services-At the recommendation of
the County Audit Committee approval is requested to amend the County's contract with
Clifton LarsonAllen LLP (formerly Gallina) for annual audit services. The amendment will extend
the term of the agreement from June 30, 2018 to June 30, 2021 to provide audit services for the
fiscal years ending June 30, 2018; June 30, 2019; and June 30, 2020. The scope of services for
this agreement includes examination of all County funds governed by the County Board of
Supervisors.The contractor shall provide the County an opinion on the County's Comprehensive
Annual Financial report and perform financial and compliance audits to meet Single Audit Act
requirements. Additionally the contractor will review the County's payroll clearing fund and
related processes and provide additional audit services as required during the course of the
contract. The amendment extends the term of the contract to June 30, 2021 and increases the
maximum payable by $306,630, to a not-to-exceed amount of $587,140 — action requested -
APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (County
Administration)
3.05 Budget Adjustment Reimbursing General Services for Expenses During the 2017 Fires - General
Services expended $64,920 during the 2017 fires for emergency operations. The majority of
emergency related expenses will be reimbursed by the Federal Emergency Management
Association and California Office of Emergency Services. Reimbursement is not expected until
next fiscal year. Approval is requested for a budget adjustment transferring $64,920 from
General Fund Contingencies to General Services to fund the emergency operations — action
requested -APPROVE BUDGET ADJUSTMENT(4/5 VOTE REQUIRED). (County Administration)
3.06 California Land Conservation (Williamson)Act Certificates of Expiration -Under Section 51245 of
the Williamson Act, either the landowner or the County may serve a Notice of Nonrenewal for
property under the Williamson Act at any time. After completing the nonrenewal period
(normally nine years), during which the level of Williamson Act tax preference is reduced each
year,affected properties exit from the Act and are no longer subject to its benefits or restrictions.
The Department of Development Services is forwarding for the Chair's signature and subsequent
recordation Certificates of Expiration for Assessor's Parcel Numbers: 006-010-003 and 006-010-
005 (Edwards and Shepherd); 006-670-013 (Humphreys); 022-160-059 (Johnson); 022-310-035
(Fairlee); 026-250-022 (Chaffin); 028-210-022 (Gravier); 029-190-028 (Anderson); 039-180-004
& 039-180-035 (Mewes); 039-200-078 (Crotty); 039-260-005 (Carlos); 039-530-023 & 039-530-
025 (M&T Incorporated); 039-580-032,039-580-033 and 039-610-012 (G.R.N. Co.); 039-610-036
(Allen and Kopfer); 041-120-006, 125, 126, 041-330-001, 041 and 052 (Martin AKA Gunn); 041-
240-013 and 041-690-001 (Squires); 041-240-100 and 041-690-002 (White); 042-100-005
(Roney); 042-100-019 and 042-100-056 (Roney); 043-681-019 (Roney); 047-070-102, 047-720-
001, 047-730-001, 047-730-002, 047-730-003 and 047-730-004, 039-610-036 (Roney); 047-100-
150, 047-100-193 and 047-100-194 (Roney). These parcels completed the required nonrenewal
period between 2014 and 2017, and are no longer subject to the Williamson Act.The total area
expiring from the Act during this period was over 4,350 acres—action requested -ACCEPT THE
CERTIFICATES OF EXPIRATION AND AUTHORIZE THE CHAIR TO SIGN. (Development Services)
3.07 Land Conservation (Williamson) Act Program Enforcement for Assessor's Parcel Numbers 025-
220-080 and 025-220-028 (Pamma) - The subject parcels have been identified as out of
compliance with the Williamson Act program.The parcels do not meet the program's minimum
size requirements for separate sale out of the contract. The contract stipulates a 40-acre
minimum parcel size for such sale.The parcels are 10 and 15.2 acres in size, and do not meet this
standard. Rule 8.D of the Williamson Act program allows the County to initiate nonrenewal of
property that is not compliant with the program. On March 6, 2017,the Williamson Act Advisory
Committee recommended County-initiated nonrenewal of the subject property to the Board of
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MARCH 27,2018
Supervisors. Under Government Code section 51245, the property owner may protest this
action.A notice letter was sent to the property owner on April 3,2017 informing him of this right.
To date, no protest has been received. Should such a protest be received, the County may, at
any time prior to the renewal date (January 1, 2019)withdraw the notice of nonrenewal—action
requested - APPROVE COUNTY-INITIATED NONRENEWAL OF APNS 025-220-080 AND 025-220-
028 (PAMMA)AND AUTHORIZE THE CHAIR TO SIGN. (Development Services)
3.08 Resolution Recognizing National Crime Victims' Rights Week in Butte County - Approval is
requested for a resolution which recognizes April 8 through 14, 2018 as National Crime Victims'
Rights Week in Butte County. National Crime Victims Week provides an opportunity to recognize
the County's commitment to victim services and to assist survivors with relevant services that
support justice and healing of all victims of crime—action requested -ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (District Attorney)
3.09 Agreement with Intellix Solutions, LLC for Systems Integration Services - Approval is requested
for an agreement with Intellix Solutions, LLC, for computer systems integration services. The
agreement will provide sufficient service hours to complete the system integration project, plus
license fees for the next three years. The term of the agreement is March 27, 2018, through
March 31, 2021,with a total amount payable of$82,000. Funding for the agreement is available
utilizing federal restricted revenue that can be used for the purchase, maintenance, and
operation of computer equipment and software. Board approval is also requested for a budget
adjustment and the transfer of the restricted funds — action requested - 1) APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN;AND 2)APPROVE BUDGET ADJUSTMENT(4/5
VOTE REQUIRED). (District Attorney)
3.10 Grant Application for Funding from the California Governor's Office of Emergency Services
Approval is requested for a grant application to California Governor's Office of Emergency
Services (CalOES) for funding under the Child Advocacy Center Program to support the
department's efforts to become accredited by the National Children's Alliance and to become a
member of the Child Advocacy Centers of California. The County's Child Abuse Response Team
(CART)Center is the only children's advocacy center serving Butte County. The District Attorney's
Special Victims' Prosecutors, Victim Advocates, and Child Abuse Investigators work with the
County's Children's Services Division, local law enforcement agencies, and local medical
providers to achieve justice and healing for abused children through the CART program. The
department is requesting funding of$109,230 which, if awarded,would be used to update CART
waiting areas to provide comfortable and child-friendly environments, support the training
necessary to achieve National Children's Alliance certification, and pay for expert witnesses
needed during prosecution of the abusers. The grant will require an in-kind contribution of
$42,548 which will be provided through staff time dedicated to grant oversight and activities
(excluding investigation activities) — action requested - APPROVE GRANT APPLICATION AND
AUTHORIZE THE DISTRICT ATTORNEY AND CHIEF ADMINISTRATIVE OFFICER TO SIGN. (District
Attorney)
3.11 Contract Amendment with Holdrege & Kull to Provide Design and Quality Services for the
Government Campus Infrastructure Project - On April 11, 2017, the County executed a $27,910
contract with the Chico office of Holdrege & Kull to provide design and consulting services for
the Oroville Government Campus Infrastructure project. Now, with the construction to begin
soon, staff is requesting that the Board execute a $48,090 contract amendment with Holdrege
& Kull for construction quality assurance and construction testing services throughout the
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 27,2018
project.The$48,090 amendment will bring the contract total to$76,000. Funding is included in
the budget and no additional appropriations are necessary — action requested - APPROVE
CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (General Services)
3.12 Resolution to Amend the Salary Ordinance-The Department of Human Resources has prepared
a resolution to amend the Salary Ordinance for the following departments:
AUDITOR-CONTROLLER: The Auditor-Controller's Office requests to flexibly staff one vacant
Manager, Governmental Accounting to include the classification of Supervisor, Auditor-
Controller.This change will better suit the needs of the Department. Total allocations will remain
unchanged. There will be no impact on the County General Fund budget.
DEVELOPMENT SERVICES: The Department of Development Services requests to change one
Building Inspector,Senior or Building Inspector(term position to end June 30, 2019) position and
one Permit Technician or Permit Assistant (term position to end June 30, 2019) to become
regular positions. This change was included in the fiscal year (FY) 2017-18 Adopted Budget, but
inadvertently left off an earlier salary ordinance amendment. Total allocations will remain
unchanged. There will be no impact on the County General Fund budget — action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
3.13 Library Easter Sunday Closure - Butte County Code Section 2.1 provides for the Board of
Supervisors to specify Butte County Library operating hours by resolution. Staff recommends
adopting a resolution closing all library branches on Easter Sunday, April 1, 2018. In past years,
the department served few customers on Easter Sundays. It should also be noted that the Library
will be closed for the Cesar Chavez Holiday on Saturday, March 31, 2018 — action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Library)
3.14 Purchase of LiveScan Plus -The Probation Department requests approval for the purchase of a
LiveScan Plus Criminal 500 DPI machine to be used for fingerprint identification and biometric
authentication.This machine will replace the old LiveScan which has reached the end of its useful
life currently used at Juvenile Hall. The Probation Department is authorized to access state and
federal level summary criminal history information for application of volunteers, department
applicant review, contracted providers, and juvenile offenders. Approval is requested for a
budgetary adjustment using Youthful Offender Block Grant funding to purchase the capital asset.
The total estimated cost is$29,000—action requested—1)APPROVE BUDGET ADJUSTMENT(4/5
VOTE REQUIRED); AND 2)AUTHORIZE CAPITAL ASSET. (Probation)
3.15 Resolution Authorizing Submittal of an Application for a CalRecycle Household Hazardous Waste
Grant - The Department of Public Works requests authorization to submit an application on
behalf of the County and the City of Oroville for a CalRecycle Household Hazardous Waste Grant
(HD31).The HD31 Grant allows for regional grant applications.The City of Oroville,in a resolution
approved by their City Council on March 20, 2018, authorized the County to act as the Lead
Agency for administering the Grant. If the Grant is awarded, up to $100,000 would be available
for regional projects to promote public education and enhance public awareness for Household
Hazardous Waste programs and facilities. The department seeks authorization for the Director
of Public Works,or designee,to execute all necessary applications, payment requests, purchases,
agreements, and amendments for the purposes of securing grant funds, and to implement an
approved grant project—action requested-ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (Public Works)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 27,2018
3.16 Resolution Giving Notice of a Hearing to Vacate an Unnecessary Public Right of Way in the
Palermo Area-The Department of Public Works received a petition to vacate(abandon) portions
of public rights of way in the Fulton Avenue area of Palermo. This area currently exists as a gravel
roadway,and per the residents, it is frequently utilized by drivers for illegal "exhibition of speed"
type of activities. The proposed street to be vacated is the portion of Fulton Avenue between
Baldwin Avenue and Esperanza Avenue. Fulton Avenue was originally created as a part of the
Palermo Citrus Tract 1 as shown on Wall Map#3 with the County Recorder.The road was never
officially accepted into the County Maintained Mileage system but is also not a part of any of the
parcels surrounding it.This area has been used by the utility companies to run both above ground
and below ground infrastructure and they have requested that a public utility easement be
created as a part of the abandonment process.There is currently a dirt/gravel road that provides
access to the properties that front on this portion of Fulton Avenue and access to the rear yards
of the other properties.All four parcels adjacent to this contemplated action have frontage onto
a maintained public roadway, so this action will not alter their legal access into their parcels.The
Department of Public Works has no objection to the vacation. The vacated portions of these
streets will be quit claimed to the following parcels: APN 026-136-010; Scheurer, APN 026-136-
009; Houck,APN 026-135-017; Scheurer and APN 026-135-019;Warnock. On March 8, 2018,the
Planning Commission reviewed this project and determined that the request was in conformance
with the Butte County General Plan. The resolution sets the hearing to consider the vacation to
occur on April 24, 2018 at 9:20 a.m. during the Board of Supervisors Meeting—action requested
-ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
3.17 Agreement Amendment with NRC Environmental to Operate the Butte Regional Household
Hazardous Waste Facility - NRC Environmental has operated the Butte Regional Household
Hazardous Waste (HHW) Facility, located at 1101 Marauder Street, in Chico, since 2007. NRC's
most recent agreement with Butte County was approved by the Board on July 23, 2015. That
agreement was a three-year agreement, at a cost of$500,000 per year, with an expiration date
of July 15. 2018. The department is requesting an amendment to the agreement to extend the
expiration date to July 15, 2019 and increase the not-to-exceed amount by$300,000, making the
new agreement amount $1,800,000. This additional one-year extension will provide staff the
time necessary to formally solicit for possible alternative service providers for the management
of HHW operations for Butte County. Butte County has been contracting with NRC Environmental
and its predecessor ownership entities since the County took over operation from the City of
Chico in 2002 — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Public Works)
3.18 Resolution Supporting Grant Application for State Of California, Off-Highway Motor Vehicle
Recreation 2018-19-The Sheriff's Office patrols backcountry recreation areas via snow machines
or off-road vehicles to assist recreationalists, perform rescues, and 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 5, 2018, the Sheriff's Office submitted the preliminary 2018-
19 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 Forests, 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 $37,795 requires a
match of approximately $9,450. The in-kind match will be met by existing County-funded
personnel providing supervisory and administrative grant oversight, and extra help personnel —
action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff-Coroner)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—MARCH 27,2018
3.19 Contract Amendment with Elijah House for Sober Living Environment for Alternative Custody
Inmates -The Sheriff's Office has a three-year contract with the Elijah House for a sober living
environment(SLE). The Elijah House, located in Oroville, provides a safe, supportive alcohol and
drug-free housing environment for participants accepted into the County's Alternative Custody
Supervision program. The Sheriff's Office has the need to add additional SLE housing due to an
increase in participants. The amendment increases the contract by$629,700, from $403,500 to
$1,033,200, which will provide an additional 30 beds per month, for a total of 46 beds, for male
and female participants. All other terms of the contract remain unchanged—action requested -
APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff-Coroner)
4. REGULAR AGENDA
4.01 Items Removed from the Consent Agenda for Board Consideration and Action
4.02 Boards, Commissions, and Committees
(List available at httP://www.buttecounty.net/clerkoftheboard/ApDointmentsList.asox)
A. Appointments to Listed Vacancies
1. Appointment to the Butte County Behavioral Health Board — The Behavioral Health
Board recommends Robert Carver be appointed to the Consumer Member position,
vacated by Butch Hastaran on December 31, 2017. The term of this position will expire
on December 31, 2020 — action requested - APPOINT ROBERT CARVER TO THE BUTTE
COUNTY BEHAVIORAL HEALTH BOARD, CONSUMER MEMBER POSITION, WITH A TERM
ENDING DECEMBER 31, 2020. (Behavioral Health)
2. Appointment to the In-Home Supportive Services Advisory Committee - The Advisory
Committee recommends Patrick Cottini be appointed to a Recipient Representative
position, with a term ending December 31, 2020. Advisory Committee Chairperson,
Sarah May, has provided a letter supporting this request—action requested -APPOINT
PATRICK COTTINI TO THE IN-HOME SUPPORTIVE SERVICES ADVISORY COMMITTEE,
RECIPIENT REPRESENTATIVE POSITION, WITH A TERM ENDING DECEMBER 31, 2020.
(Employment and Social Services)
3. Reappointment to the Gridley-Biggs Cemetery District - The Gridley-Biggs Cemetery
District requests that the Board of Supervisors reappoint Joseph P. Hughes as Trustee to
a four-year term ending May 1, 2022—action requested-REAPPOINT JOSEPH P. HUGHES
TO THE GRIDLEY-BIGGS CEMETERY DISTRICT AS TRUSTEE,WITH ATERM ENDING MAY 1,
2022. (Other—Gridley-Biggs Cemetery District)
B. Board Member/Committee Reports and Board Member Comments
(Pursuant to California State law,the Board is prohibited from taking action on any item not listed on the agenda)
4.03 Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer
4.04 At Will Employment Agreement and Salary Ordinance Amendment - Chief Deputy District
Attorney -The District Attorney is seeking to revise the Department's organizational structure
and is requesting Board approval for a salary ordinance amendment and employment agreement
with Mark B. Murphy for the position of Chief Deputy District Attorney. This agreement will
revise the employment status of the position to an "at-will" status. The term of the agreement
is three years, with a compensation range the same as the current salary range for the position
($139,526 - $186,971 annually), and includes a cell phone allowance of $70 a month, and a
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 27,2018
vehicle allowance of$250 per month. The change of the position to an "at-will" status requires
the Salary Ordinance to be amended. It is requested to amend Section 29 Reference C of
Ordinance No. 4133 of the County of Butte entitled "Appointed Officials with Bi-Weekly Range
Assignments" by adding Chief Deputy District Attorney. It is also requested to amend Section
28, Reference L of Salary Ordinance No. 4133 of the County of Butte entitled "Non-Represented
Classifications" by deleting Chief Deputy District Attorney — action requested — 1) APPROVE
EMPLOYMENT AGREEMENT FOR THE POSITION OF CHIEF DEPUTY DISTRICT ATTORNEY AND
AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (District Attorney)
4.05 Resolution of Intention and Introduction of the CalPERS Cost Share Amendment Ordinance for
Probation Peace Officers Association - The Board of Supervisors approved a memorandum of
understanding with the Butte County Probation Peace Officers Association (PPOA) on February
28, 2017.The agreement contains a provision that employees will pay an additional one to three
percent of pensionable compensation towards the County's share of pension costs and that the
County will work with CalPERS to process a contract amendment which will credit this
contribution to the employees' accounts. Safety employees will contribute an additional three
percent. Non-safety employees will contribute an additional one percent. CalPERS requires
several steps for a contract amendment. The initial steps are for the Board of Supervisors to
adopt a resolution of intention and introduce an ordinance authorizing the contract amendment.
There are other steps in the process, including a vote by the affected bargaining unit members
approving the amendment and certification from the County that all CalPERS processes have
been followed. Staff will return to the Board at a later date for final approval of the CalPERS
contract amendment— action requested — 1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN; AND 2) INTRODUCE THE ORDINANCE AND WAIVE THE FIRST READING. (Human
Resources)
5. PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:20 am - Application for Outdoor Festival License for Butte Environmental Council - Butte
Environmental Council 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, June 9, 2018, from 11:00 a.m. to 10:00 p.m. The applicants
anticipate having 200 people, along with 30 volunteers.The festival site is located at 2500 Estes
Road (the end of Estes Road), south and west of Chico (APN 039-410-032) with parking on APN
039-410-039. The festival is described as the Chico Bike Music Festival, an annual community
event promoting human-scale transportation and talented local musicians through innovation,
bicycles, and community. Food will be provided by food trucks, beverage booths, and free
bottled water.The Department of Development Services 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, 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. Recommended festival requirements (conditions) are included in the staff report
— action requested - FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION
15304(e) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVE THE APPLICATION
FOR AN OUTDOOR FESTIVAL LICENSE (MISC18-0003), SUBJECT TO THE RECOMMENDED
CONDITIONS. (Development Services)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 27,2018
5.02 9:25 am - Proposed Fee Increase for Septage Disposal at the Neal Road Recycling and Waste
Facility -The Board of Supervisors has been proactive in working to solve the challenge of how
to best provide long-term septage disposal services for Butte County residents at the Neal Road
Recycling and Waste Facility (NRRWF). The Board of Supervisors approved the concept of
constructing a septage transfer facility at the NRRWF,and disposing of the septage offsite,at the
September 13, 2016 Board meeting.The Board of Supervisors subsequently approved a five-year
disposal contract with Thrifty Rooter at the January 24, 2017 Board meeting. At the same Board
meeting, a contract was approved with Carollo Engineers, Inc. for the design of the septage
transfer facility. The construction contract with Meyers and Sons to construct the septage
transfer facility was approved by the Board of Supervisors on June 27, 2017. Construction of the
septage transfer facility began in early November 2017 and is nearing completion.As mentioned
in many of the previous discussions with the Board of Supervisors, this new disposal process will
be more expensive that the current lined septage pond. The current disposal gate fee is$33.35
per ton, or approximately $0.15 per gallon. The fee was established in 2008, and has not been
adjusted for inflation since. The Department of Public Works recommends increasing the
disposal fee to $71.11 per ton, or approximately$0.32 per gallon, in order to accommodate the
costs for the transfer facility and disposal of the septage.Of this$0.32 per gallon,$0.24 per gallon
will be paid to the contractor, Thrifty Rooter, for providing the labor to operate the septage
transfer station, providing the haul trucks, and the disposal site.The remainder of the proposed
disposal fee will be used for the operations and maintenance of the septage transfer facility, and
to pay down the capital construction costs—action requested— 1) OPEN PUBLIC HEARING; AND
2) ADOPT RESOLUTION INCREASING THE SEPTAGE DISPOSAL FEE FROM $33.25 PER TON TO
$71.11 PER TON AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
5.03 10:10 am-Annual Report for 2017 Marijuana Cultivation Regulation Code Enforcement Program
The Butte County Code Enforcement Division enforces Chapter 34A of the Butte County Code,
Medical Marijuana Cultivation Regulation and Chapter 34C, Nonmedical Marijuana Ordinance,
supported by law enforcement officers from the Butte County Sheriff's Office and the District
Attorney's Office. Enforcement provisions in calendar year focused on Inspections, Nuisance
Abatement Hearings, and Administrative Penalties to achieve compliance. In 2017, the Code
Enforcement Division received 495 complaints alleging violations for Chapter 34A and Chapter
34C.This was up from complaints in 2016, which had 433. The enforcement program had many
successes throughout the year including gaining compliance in over 80 percent of reported
complaints—action requested -ACCEPT FOR INFORMATION. (Development Services)
5.04 10:20 am - Itemized Costs and Penalties Related to Nuisance Abatement to Record a Lien and
Impose a Special Assessment (Development Services)
a. Code Enforcement Case No. CE17-0359; 11228 Dawn Terrace Drive, Oroville; APN: 058-
260-060 -On August 8, 2017, a Hearing Officer declared a public nuisance existed on the
property listed.This hearing has been scheduled to authorize the Board of Supervisors to
record a lien to recover the County's costs for Code Enforcement Case No. CE17-0359 at
11228 Dawn Terrace Drive in Oroville (Assessor's Parcel Number 058-260-060) in the
amount of$89,478 ($75,500 of penalties and $13,978 for cost recovery)—action
requested -APPROVE THE PROPOSED LIEN OF$75,500 AND A SPECIAL ASSESSMENT OF
$13,978.
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 27,2018
b. Code Enforcement Case No. CE17-0517; 533 Crystal Ranch Road, Feather Falls; APN: 071-
270-036 -On September 25, 2017, a Hearing Officer declared a public nuisance existed
on the property listed.This hearing has been scheduled to authorize the Board of
Supervisors to record a lien to recover the County's costs for Code Enforcement Case No.
CE17-0517 at 533 Crystal Ranch Road in Feather Falls (Assessor's Parcel Number 071-270-
036) in the amount of$55,072.04 ($49,500 of penalties and $5,572.04 for cost recovery)
—action requested -APPROVE THE PROPOSED LIEN OF $49,500 AND A SPECIAL
ASSESSMENT OF$5,572.04.
C. Code Enforcement Case No. CE17-1012; 131 Arts Lane, Oroville; APN: 079-370-070 -On
October 26, 2017, a Hearing Officer declared a public nuisance existed on the property
listed.This hearing has been scheduled to authorize the Board of Supervisors to record a
lien to recover the County's costs for Code Enforcement Case No. CE17-1012 at 131 Arts
Lane in Oroville (Assessor's Parcel Number 079-370-070) in the amount of$36,468.67
($32,500 of penalties and $3,968.67 for cost recovery)—action requested -APPROVE THE
PROPOSED LIEN OF$32,500 AND A SPECIAL ASSESSMENT OF$3,968.67.
d. Code Enforcement Case No. CE17-0378; 690 Fire Camp Road, Oroville;APN: 072-330-023
On September 5, 2017, a Hearing Officer declared a public nuisance existed on the
property listed.This hearing has been scheduled to authorize the Board of Supervisors to
record a lien to recover the County's costs for Code Enforcement Case No. CE17-0378 at
690 Fire Camp Road in Oroville (Assessor's Parcel Number 072-330-023) in the amount of
$36,049.17 ($32,500 of penalties and $3,549.17 for cost recovery)—action requested -
APPROVE THE PROPOSED LIEN OF $32,500 AND A SPECIAL ASSESSMENT OF$3,549.17.
e. Code Enforcement Case No. CE17-0529; 0 Crystal Ranch Road, Feather Falls; APN: 071-
270-045 -On September 20, 2017, a Hearing Officer declared a public nuisance existed
on the property listed below.This hearing has been scheduled to authorize the Board of
Supervisors to record a lien to recover the County's costs for Code Enforcement case
CE17-0529 at 0 Crystal Ranch Road in Feather Falls (Assessor's Parcel Number 071-270-
045) in the amount of$59,866.23 ($55,500 of penalties and $4,366.23 for cost recovery)
—action requested -APPROVE THE PROPOSED LIEN OF $55,500 AND A SPECIAL
ASSESSMENT OF$4,366.23.
f. Code Enforcement Case No. CE17-0877; 244 Culet Ranch Road, Oroville; APN: 028-360-
003 -On November 9, 2017, a Hearing Officer declared a public nuisance existed on the
property listed.This hearing has been scheduled to authorize the Board of Supervisors to
record a lien to recover the County's costs for Code Enforcement Case No. CE17-0877 at
244 Culet Ranch Road in Oroville (Assessor's Parcel Number 028-360-003), in the amount
of$41,720.31 ($38,500 of penalties and $3,220.31 for cost recovery)—action requested -
APPROVE THE PROPOSED LIEN OF$38,500 AND A SPECIAL ASSESSMENT OF$3,220.31.
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 27,2018
g. Code Enforcement Case No. CE17-0522; 0 Cochise Drive, Feather Falls; APN: 071-280-038
On September 20, 2017, a Hearing Officer declared a public nuisance existed on the
property listed.This hearing has been scheduled to authorize the Board of Supervisors to
record a lien to recover the County's costs and penalties for Code Enforcement Case No.
CE17-0522 at 0 Cochise Drive in Feather Falls (Assessor's Parcel Number 071-280-038) in
the amount of$57,873.55 ($54,500 in penalties and $3,373.55 for cost recovery)—action
requested -APPROVE THE PROPOSED LIEN OF$54,500 AND A SPECIAL ASSESSMENT OF
$3,373.55.
h. Code Enforcement Case No. CE17-0698;423 Stageline Road, Oroville; APN: 027-060-061
On October 11, 2017, a Hearing Officer declared a public nuisance existed on the
property listed.This hearing has been scheduled to authorize the Board of Supervisors to
record a lien to recover the County's costs for Code Enforcement Case No. CE17-0698 at
423 Stageline Road in Oroville (Assessor's Parcel Number 027-060-061) in the amount of
$52,377.22 ($49,500 of penalties and $2,877.22 for cost recovery)—action requested -
APPROVE THE PROPOSED LIEN OF$49,500 AND A SPECIAL ASSESSMENT OF$2,877.22.
i. Code Enforcement Case No. CE17-1084;45 Hard Rock Road, Oroville; APN: 072-560-002
On November 15, 2017, a Hearing Officer declared a public nuisance existed on the
property listed.This hearing has been scheduled to authorize the Board of Supervisors to
record a lien to recover the County's costs for Code Enforcement Case No. CE17-1084 at
45 Hard Rock Road in Oroville (Assessor's Parcel Number 072-560-002) in the amount of
$24,443.67 ($21,000 in penalties and $3,443.67 for cost recovery)—action requested -
APPROVE THE PROPOSED LIEN OF$21,000 AND A SPECIAL ASSESSMENT OF$3,443.67.
j. Code Enforcement Case No. CE17-1085; 349 Shady Oak Drive, Bangor;APN: 028-340-039
On November 2, 2017, a Hearing Officer declared a public nuisance existed on the
property listed.This hearing has been scheduled to authorize the Board of Supervisors to
record a lien to recover the County's costs for Code Enforcement Case No. CE17-1085 at
349 Shady Oak Drive in Bangor (Assessor's Parcel Number 028-340-039) in the amount of
$30,133.89 ($26,500 in penalties and $3,633.89 for cost recovery)—action requested -
APPROVE THE PROPOSED LIEN OF $26,500 AND A SPECIAL ASSESSMENT OF$3,633.89.
k. Code Enforcement Case No. CE17-0909; 7760 Old Honcut Road, Palermo; APN: 027-210-
007 -On October 31, 2017, a Hearing Officer declared a public nuisance existed on the
property listed.This hearing has been scheduled to authorize the Board of Supervisors to
record a lien to recover the County's costs for Code Enforcement Case No. CE17-0909 at
7760 Old Honcut Road in Palermo (Assessor's Parcel Number 027-210-007) in the amount
of$46,341.27 ($43,500 in penalties and $2,841.27 for cost recovery)—action requested -
APPROVE THE PROPOSED LIEN OF$43,500 AND A SPECIAL ASSESSMENT OF$2,841.27.
I. Code Enforcement Case No. CE17-0820; 2621 Ludlum Avenue, Palermo;APN: 027-300-
082 -On September 21, 2017, a Hearing Officer declared a public nuisance existed on the
property listed.This hearing has been scheduled to authorize the Board of Supervisors to
record a lien to recover the County's costs for Code Enforcement Case No. CE17-0820 at
2621 Ludlum Avenue in Palermo (Assessor's Parcel Number 027-300-082) in the amount
of$39,245.42 ($36,000 of penalties and $3,245.42 for cost recovery)—action requested -
APPROVE THE PROPOSED LIEN OF$36,000 AND A SPECIAL ASSESSMENT OF$3,245.42.
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 27,2018
M. Code Enforcement Case No. CE17-0577; 136 Schwing Loop, Oroville; APN: 071-400-029
On October 4, 2017, a Hearing Officer declared a public nuisance existed on the property
listed.This hearing has been scheduled to authorize the Board of Supervisors to record a
lien to recover the County's costs and penalties for Code Enforcement Case No. CE17-
0577 at 136 Schwing Loop in Oroville (Assessor's Parcel Number 071-400-029) in the
amount of$61,134.15 ($57,000 in penalties and $4,134.15 for cost recovery)—action
requested -APPROVE THE PROPOSED LIEN OF$57,000 AND A SPECIAL ASSESSMENT OF
$4,134.15.
n. Code Enforcement Case No. CE17-0947; 0 Stanford Lane, Durham;APN: 040-290-087
On October 12, 2017, a Hearing Officer declared a public nuisance existed on the
property listed.This hearing has been scheduled to authorize the Board of Supervisors to
record a lien to recover the County's costs for Code Enforcement Case No. CE17-0947 at
0 Stanford Lane in Durham (Assessor's Parcel Number 040-290-087) in the amount of
$42,527.51 ($39,000 in penalties and $3,527.51 for cost recovery)—action requested -
APPROVE THE PROPOSED LIEN OF$39,000 AND A SPECIAL ASSESSMENT OF$3,527.51.
o. Code Enforcement Case No. CE17-1096; 0 Single Lane, Berry Creek; APN: 062-760-004
On November 14, 2017, a Hearing Officer declared a public nuisance existed on the
property listed.This hearing has been scheduled to authorize the Board of Supervisors to
record a lien to recover the County's costs for Code Enforcement Case No. CE17-1096 at
0 Single Lane in Berry Creek(Assessor's Parcel Number 062-760-004) in the amount of
$28,336.53 ($25,000 for penalties and $3,336.53 for cost recovery)—action requested -
APPROVE THE PROPOSED LIEN OF$25,000 AND A SPECIAL ASSESSMENT OF$3,336.53.
6. BOARD OF SUPERVISORS PUBLIC COMMENT
Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five
minutes. Please note that pursuant to California state law, the Board of Supervisors is prohibited from
taking action on any item not listed on the agenda.
RECESS
Recess as the Butte County Board of Supervisors and convene as the In-Home Supportive Services Public
Authority Board.
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 27,2018
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
AGENDA
MARCH 27, 2018
1. CALL TO ORDER
2. CONSENT AGENDA
2.01 Agreement Between Butte County In-Home Supportive Service Public Authority and Liebert
Cassidy Whitmore-Approval is requested to enter into an agreement with Liebert Cassidy
Whitmore, a professional law corporation,for the provision of legal services to the In-Home
Supportive Service Public Authority for labor negotiations.The term of the agreement is for
three years from the date of execution, with a maximum amount payable of$60,000—action
requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Employment and
Social Services)
3. REGULAR AGENDA(NO ITEMS)
4. PUBLIC COMMENT
Comments to the In-Home Supportive Services Public Authority Board on issues and items not listed on
the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state
law,the In-Home Supportive Services Public Authority Board is prohibited from taking action on any
item not listed on the agenda.
5. CLOSED SESSION(NO ITEMS)
ADJOURNMENT
Adjourn as the In-Home Supportive Services Public Authority Board and reconvene as Butte County Board of
Supervisors.
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-MARCH 27,2018
7. BOARD OF SUPERVISORS CLOSED SESSION
7.01 Public Employee Employment, Appointment, Recruitment, Performance Evaluations, Including
Goals, Pursuant to Government Code Section 54957:
1. Agricultural Commissioner
2. Behavioral Health Director
3. Chief Administrative Officer
4. Chief Probation Officer
5. Child Support Services Director
6. County Counsel
7. Development Services Director
8. Employment and Social Services Director
9. Human Resources Director
10. Information Services Director
11. Library Director
12. Public Health Director
13. Public Works Director
14. Water and Resources Conservation Director
7.02 Actual Litigation Pursuant to Government Code Section 54956.9(d)(1):
1. Chris Hoffman v. Butte County; Worker's Compensation Appeals Board Case No.
ADJ11147318 (Claim Number: Buan-550396).
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Butte County Information and Procedures Concerning the Agenda and
Department Heads Board of Supervisors Meetings
Agricultural
Commissioner:
Luis Mendoza Meeting Information:
Assessor*: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m.and are
Diane Brown held in the Board of Supervisors Chambers,County Administration Building,25 County Center Drive,Oroville. At
the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed
Auditor-Controller*: as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted
Dave Houser meeting calendar for the year are available in the County Administrative Office or on the Clerk of the Board
Behavioral Health: website page
Dorian Kittrell
Agenda Information:
Interim Chief
Administrative Officer: The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72
Shari McCracken hours before each meeting,and is available by mail subscription,e-mail subscription,or at the Clerk of the Board
website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to
Chief Probation Officer:
Steve Bordin explain each agenda item (excluding documents that are not a public record within the meaning of the Public
Records Act)are available for your review at the County Administrative Office,the Chico,Oroville,and Paradise
Child Support Services: libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies of
Sean Farrell supporting materials can be made for you at a charge to cover costs. The list of communications included with
Clerk-Recorder-Registrar the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have
of Voters*: been received but not included in the agenda supporting material. Copies of all communications received by the
Candace Grubbs Board of Supervisors(excluding documents that are not a public record within the meaning of the Public Records
Act)are available at the Administrative Office upon request.
County Counsel:
Bruce Alpert Agenda Format and Meeting Order:
Development Services: The agenda is usually organized into the following areas and meetings generally proceed in the following order:
Tim Snellings 1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the
District Attorney*: Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in
Mike Ramsey the back of the board room)and give it to the Clerk of the Board (sitting to the right of the Board)or,when the
Chair asks if there is anything anyone would like to remove from the Consent Agenda,stand and approach the
Employment&Social podium and request the item be removed. The removed items are discussed at the end of the Regular Agenda.
Services:
Shelby Boston 2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items
removed from the Consent Agenda are discussed under this section.
Farm,Home&4-H 3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are
Advisory: set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time
Emily Symmes listed,but will never start before the time listed.
Fire Chief: 4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any
Darren Read matter not listed on the agenda. The Board,by law,cannot take action on any matter not listed on the agenda,
but may respond to statements or questions and provide staff direction.
General Services: 5. Closed Session: the Board is authorized,by law,to meet in a closed session in certain circumstances. This area
Grant Hunsicker of the agenda identifies those items that will be discussed during the closed session.
Human Resources:
Pamela Knorr Public Participation:
Information Systems: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow
Art Robison members of the public the opportunity to comment on all matters before the Board. Public participation is limited
to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3.
Library: The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing
Melanie Lightbody of these policies and procedures can be found in the printed booklet agenda, obtained at the County
Public Health: Administrative Office,or viewed at the Clerk of the Board website.
Cathy Raevsky
The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with
Public Works: special needs should call the Clerk of the Board at 530-538-7631,Monday through Friday,8:00 a.m.to 5:00 p.m.
Dennis Schmidt to request disability-related modifications/accommodations or to request materials in alternate formats. All
Sheriff-Coroner*: requests for special accommodations and/or alternative format documents must be made 48 hours prior to the
Kory Honea meeting.
Treasurer-Tax Collector*: For further information contact the:
Peggy Moak Clerk of the Board of Supervisors
Water&Resource County Administration Office
Conservation: 25 County Center Drive,Suite 200,Oroville,CA 95965
Paul Gosselin 530-538-7631
*Elected Official
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