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BUTTECOUNTY
MEMBERS OF THE BOARD
BOARDOFSUPERVISORS
BILL CONNELLY, DISTRICT 1
LARRY WAHL, DISTRICT 2
RMA
EGULAR EETING GENDA
MAUREEN KIRK, DISTRICT 3
A21,2015
STEVE LAMBERT, DISTRICT 4
PRIL
DOUG TEETER, DISTRICT 5
MEETING LOCATION
BOARD OF SUPERVISOR CHAMBERS
PAUL HAHN,
25 COUNTY CENTER DRIVE, SUITE 205
CHIEF ADMINISTRATIVE OFFICER/ BRUCE ALPERT, COUNTY COUNSEL
OROVILLE, CALIFORNIA 95965-3380
CLERK OF THE BOARD
1.9:00 a.m. -Call to Order
Pledge of Allegiance
Silence
Observation of a Moment of
2.Corrections and/or Changes to the Agenda
3.Consent Agenda
3.01* Megabyte Systems 2015-16 Agreement with Tax Cycle Departments - Megabyte Systems, Inc.
provides the software package for the tax cycle departments in the County of Butte. This agenda
item pertains to annual renewal of the agreement between the County of Butte and Megabyte
Systems, Inc. for the term beginning July 1, 2015 through June 30, 2016. The agreement contains an
increase of 0.8% in accordance with the Pacific Cities and U.S. City Average Consumer Price Index.
The Maintenance agreement and Database Support total is $207,991.68: the Assessor's portion is
$79,036.84 (38%); the Auditor's is $66,557.34 (32%); and the Tax Collector's is $62,397.50 (30%). The
Tax Collector is responsible for 100% of the Web Services agreement of $4,447.08, and the
Assessor's Office is responsible for 100% of the Business Property Filing Maintenance Support
agreement of $2,068.44. The contract also includes rates for any extra services requested outside of
the scope of the contract - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Assessor)
3.02* Agreement with Cell Staff, LLC - Cell Staff, LLC (Cell Staff), is a recruiting agency that provides
registered nurse, licensed vocational nurse, and licensed psychiatric technician candidates for
placement at hospitals and clinics on a short-term basis. Due to the shortage and frequent turnover
of these clinical positions in the department, Butte County Behavioral Health (BCDBH) utilizes
recruiting agencies on an as-needed basis. Approval is requested for an agreement with Cell Staff, for
the provision of clinical services. Cell Staff was the successful candidate of BCDBH's competitive
solicitation for these services. The financial obligation under this agreement shall not exceed
$220,000. The term of the agreement will begin upon the date of execution through June 30, 2017 -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.03* Approval of Behavioral Health Board Member Appointment - The Butte County Behavioral Health
Board (BHB) requests the appointment of William Kehoe as a community member. The term will end
December 31, 2017 - action requested – MAKE APPOINTMENT. (Behavioral Health)
APRIL 21, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 1 OF 12
3.04* Cash Advance for Butte County Behavioral Health -In recent years, the Butte County Department of
Behavioral Health faced significant cash flow problems primarily due to slow reimbursements from
the State. To improve cash flow, the department has continued to budget less expenditures than
anticipated revenues and improved its billing process. Additionally, the department implemented a
Cash Deficit Reduction Plan in fiscal year (FY) 2013-14 in an effort to further reduce the deficit. As of
the end of February 2015, the department had a cash balance of $2.2 million. In comparison to
February 2014, this is an improvement of approximately $7 million. Due to the continued volatility of
State reimbursements, the department is requesting a cash advance of up to $6 million should it be
necessary at the end of the fiscal year. The advance would come from the Public Health Fund.
However, there is the potential, should the cash deficit be greater than the available balances of
these accounts, that other available and appropriate accounts will be used. The department will
transfer the cash advance back to the funds impacted at the beginning of FY 2015-16 - action
requested - AUTHORIZE A CASH ADVANCE OF UP TO $6 MILLION FROM THE PUBLIC HEALTH
REALIGNMENT RESTRICTED CASH ACCOUNTS INTO THE BEHAVIORAL HEALTH FUND UP TO THE
AVAILABLE AMOUNT; AND, IF NEEDED, AUTHORIZE A CASH ADVANCE FROM OTHER AVAILABLE AND
APPROPRIATE RESTRICTED AND NON-RESTRICTED CASH ACCOUNTS UP TO THE TOTAL DEFICIT ON
JUNE 30, 2015. (Behavioral Health)
3.05* Agreement with Thomas Lancaster, M.D. - Thomas Lancaster is a licensed medical doctor who
provides services in the specialized field of psychiatry as required for adult clients at the BCDBH
Outpatient centers. Dr. Lancaster also participates in after-hours and on-call shifts on a rotating
schedule at the Psychiatric Health Facility. Approval is requested for an agreement with Dr.
Lancaster. The term will be July 1, 2015 through June 30, 2016. The maximum financial obligation
shall not exceed $340,920 – action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.06* Agreement with MLN Consulting Services, Inc. - MLN Consulting Services, Inc. provides State-
regulated monitoring and compliance evaluations for Driving Under the Influence (DUI) programs for
multiple California counties. Approval is requested to renew the agreement with MLN Consulting
Services, Inc. to provide audits for Prevention Education Program and Solutions for Positive Choices,
which are Butte County's DUI prevention programs. Butte County receives a percentage of the fees
collected from each DUI program to cover the State-mandated monitoring costs. The term of this
agreement is July 1, 2015 through June 30, 2016. The maximum financial obligation shall not exceed
$26,300 – action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.(Behavioral Health)
3.07* Reappointment to the Gridley-Biggs Cemetery District-Supervisor Lambert submits his nomination
to reappoint Jack Bequette as Trustee to a term to end May 1, 2019 - action requested – MAKE
APPOINTMENT. (Board of Supervisors)
APRIL 21, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 2 OF 12
3.08* Agreement with Election Systems & Software, Inc. - The County Clerk-Recorder/Registrar of Voters is
requesting that the Board of Supervisors approve an agreement with Election Systems & Software,
Inc. (ES&S) to provide hardware maintenance and support, and software license and support for the
AccuVote Voting System that includes the following products: 1) Software, Firmware, and Support:
605 AccuVote TSX - touch screen units, 18 AccuVote Optical Scan units, GEMS Application Software,
and Security Key Card Tool; and 2) Hardware Maintenance and Support: 260 AccuVote TSX – touch
screen units to be on a rotation preventative maintenance schedule. The County Clerk-
Recorder/Registrar of Voters selected ES&S through a non-competitive process based on sole source
justification and has been approved by General Services. The terms of the agreement are July 1,
2015 through June 30, 2019, with annual payments of $27,949, for a maximum payable amount of
$111,796 – action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.(Clerk-Recorder)
3.09* Agreement with 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 Services (now doing business as Kofile Preservation, Inc.) with
subsequent contracts through June 30, 2013, restoring and preserving over 280 original books dating
back to the 1850’s, as well as 528 County maps. The agreement will provide for a continuation of the
historical record restoration/preservation project for the County Clerk-Recorder's office. The new
agreement is for Phase 3 of this project, for the period April 1, 2015 through June 30, 2015, with a
maximum payable amount of $65,158. For continuity in preservation/restoration, the County Clerk-
Recorder/Registrar of Voters, with General Service’s approval, selected Kofile Preservation, Inc.,
through a non-competitive process based on sole source justification – action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER. (Clerk-Recorder)
3.10* Agreement with CalPERS for Pre-Funding Other Post-employment Benefits (OPEB) -On October 22,
2013, the Board approved the County's participation in the California Employers' Retiree Benefit
Trust (Trust) program, administered by the California Public Employees' Retirement System
(CalPERS), to prefund retiree health and Other Post-Employment Benefit (OPEB) costs. For FY 2014-
15, County departments budgeted for collections in an amount estimated to be sufficient to fund
their pro rata share of OPEB costs for current retirees and a portion of the OPEB costs incurred for
benefits earned, but not yet payable to future retirees. To participate in the Trust, the Board must
adopt and approve the Agreement and Election to Prefund Other Post Employment Benefits Through
CalPERS and a Resolution delegating authority to request disbursements from the Trust. County
assets held in the Trust are invested by CalPERS until the funds are needed to pay benefits. CalPERS
offers three investment strategies, which have realized competitive returns. The three strategies
currently offer the following long term expected returns: Strategy 1 offers 7.28%; Strategy 2 offers
6.73%; and Strategy 3 offers 6.12%. Strategy 2 investments are currently at a risk level consistent
with the County's investment philosophy; therefore, County funds will be invested in Strategy 2 for
the foreseeable future. Changes in the investment strategy must be approved by the County Finance
Work Team. The investment returns of the Trust are expected to partially offset the funding needs
of the County - action requested - 1) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; 2) ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN; AND 3) AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER, OR
DESIGNEE, TO SIGN ALL FORMS, APPLICATIONS AND DOCUMENTS RELATED TO THE COUNTY'S
PARTICIPATION IN THE TRUST. (County Administration)
3.11* Approval of Minutes – action requested -APPROVE MARCH 24, 2015 AND APRIL 7, 2015 BOARD OF
SUPERVISORS MINUTES. (County Administration)
APRIL 21, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 3 OF 12
3.12* Agreement with City of Oroville to Collect Jail Facilities Fees - The County currently collects a
development impact fee for jail facilities upon new residential development within the
unincorporated area of the County, in order to mitigate impacts on jail facilities resulting from
residential development. On March 3, 2015, the City of Oroville approved an agreement to allow the
County to impose the development impact fee for jail facilities contained in Chapter 3, Article II of
the Butte County Code on all new residential development within the City. The City's agreement is
contingent upon the four other municipalities in the County entering into a similar agreement and is
valid for up to ten years. The Town of Paradise passed such an agreement in March 2014. The City
has agreed to collect the revenue and forward it to the County on a quarterly basis to provide a
partial funding source for expanding the capacity of the Butte County Jail. The agreement shall
remain in effect for ten years after the agreement is signed. However, the City may terminate the
agreement at any time with a 60-day written notice to the County, if the County increases the Jail
Facilities Fee without the City's prior written consent – action requested - APPROVE AGREEMENT
WITH THE CITY OF OROVILLE AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER. (County Administration)
3.13* Amendment to Conflict of Interest Code for the Paradise Irrigation District - Pursuant to Government
Code section 87306, the Paradise Irrigation District has submitted Resolution No. 2015-02, which was
adopted by its Board of Directors on March 18, 2015, to amend the Paradise Irrigation District's
Conflict of Interest Code. The resolution reflects a title change and the addition of a designated
employee to Paradise Irrigation District's Conflict of Interest Code. County Counsel has reviewed the
proposed amendment and believes it to be proper – action requested - ACCEPT THE AMENDMENT
TO PARADISE IRRIGATION DISTRICT'S CONFLICT OF INTEREST CODE PURSUANT TO GOVERNMENT
CODE SECTION 87306 - AMENDMENTS FOR CHANGED CIRCUMSTANCES. (County Counsel)
3.14* Resolution Recognizing National Crime Victims' Rights Week in Butte County - Board approval is
requested for a resolution which recognizes April 19-25, 2015 as National Crime Victims' Rights Week
in Butte County. National Crime Victims' Rights Week provides an opportunity to recognize the
County's commitment to victim services and to assisting survivors with relevant services that support
justice and healing for all victims of crime – action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN. (District Attorney)
3.15* Volunteer Appreciation Week 2015 - Butte County Fire Department -In honor of National Volunteer
Week, 2015 we would like to recognize the Butte County Fire Department Volunteer Firefighters and
Volunteers in Prevention volunteers for donating over 11,300 hours to Butte County communities.
Currently there are 180 volunteer firefighters in 16 communities that donated 12,400 hours
providing medical and rescue services to their communities. Volunteer firefighters provide a vital
role serving their community by educating their citizens, responding to calls and assisting in
community events. The Volunteer in Prevention Program (VIP) currently has 35 volunteers and has
volunteered countless hours on over 60 community events last year. The VIP's are involved in public
education programs, participate in events at the local fairs, parades and school events. The Fire
Department would like to recognize the volunteers for their time and efforts that help continue the
mission of the Butte County Fire Department. Volunteers give up precious free time to educate and
serve the citizens of Butte County and their efforts do not go unnoticed – action requested - ADOPT
RESOLUTION AND AUTHORIZE CHAIR TO SIGN. (Fire)
APRIL 21, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 4 OF 12
3.16* Surplus Vehicle and Equipment Auction - Prior to auctioning County assets that are no longer
serviceable and no longer needed, Section 12.3.3 (Vehicles) and Section 12.4 (Capital Assets other
than vehicles) of the Butte County Contracts/Purchasing Policy and Procedure Manual requires the
Board of Supervisors to declare such equipment surplus. Staff recommends that the Board declare
the items listed in the staff report as surplus and authorize the County Purchasing Agent to auction
the items – action requested – 1) DECLARE LISTED VEHICLES AND OTHER CAPITAL ASSETS SURPLUS;
AND2) AUTHORIZE THE PURCHASING AGENT TO AUCTION LISTED ITEMS. (General Services)
3.17* Ground Lease: Butte-Glenn Community College District - Butte County Fire Station 25 -Butte
County's Volunteer Fire Station 25 is located on land owned by the Butte-Glenn Community College
District (Butte College) that is leased to the County. The lease expired in 2005, and the County and
Butte College have maintained the lease relationship in a hold-over status since that time. Now, the
County and Butte College desire to enter into a new lease for a 1.6 acre portion of Assessor’s Parcel
Number 041-130-034 on the campus. The term of the new ground lease will be April 1, 2015 through
March 31, 2030 with an annual rent payment of $1.00 for the entire term. The County intends to
remove the existing, uninhabitable barracks/office building on the site, and to undertake site
improvements to support placing an existing County-owned manufactured building in its place. In
addition, the County will be responsible for maintenance of and improvements to the existing
apparatus bay located on the property. The costs of the project to improve the site will be included
in the FY 2015-16 Recommended Budget and funded from the Community Cost Share Fund – action
requested -APPROVE THE LEASE AND AUTHORIZE THE CHAIR TO SIGN. (General Services)
3.18* Resolution to Amend the Salary Ordinance -The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following departments:
Public Health: The Public Health Department is requesting to delete one (1) vacant position of
Program Manager, Public Health and add one (1) position of Supervisor, Public Health Nursing. After
review of the duties and tasks required for the position, the department believes the position of
Supervisor, Public Health Nursing better meets the current and future needs of the department. This
change will leave the total allocations in the department unchanged and have no fiscal impact on the
County General Fund.
Human Resources: The Human Resources Department is requesting the classification of Chief
Attorney, Child Support Services be added back to Section 57, Reference I of the Salary Ordinance
titled, “Professional Employees Unit (Effective 10/25/14-3%)”. This classification was deleted in 2008,
however, the department now has an organizational need to have a Chief Attorney on staff in the
department. The Salary Range for the classification shall be set at Range 73 (Bi-weekly Salary:
$3,424.14-$4,588.67), which is the same Range it was set at when it previously was listed on the
Salary Ordinance.
Child Support Services: Concurrent with the Human Resources request above, the Child Support
Services Department is requesting to add one (1) position of Chief Attorney, Child Support Services
to its allocations. This change is being made to help build a solid succession plan for the department
moving forward. This change will initially increase the total allocations in the department by one (1)
position until a departmental recruitment can be conducted and the vacated position be deleted at a
future Board meeting. This change will have no fiscal impact on the County General Fund – action
requested -ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
APRIL 21, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 5 OF 12
3.19* Library Services and Technology Act Grant Application Resolution- The Butte County Library has
been invited to submit a formal application for a federal Library Services and Technology Act (LSTA)
grant through the California State Library "Pitch-an-Idea" program. The Library successfully "pitched"
a project idea in the first round of a competitive process that drew over 70 applicants statewide. The
next step is submitting a formal application, which is due on May 18, 2015. The potential project will
work to welcome people experiencing mental illness to the library, through building a partnership
between the Butte County Library, the Butte County Behavioral Health Department, mental health
service providers and nonprofit support agencies. The program will provide socialization and de-
stigmatizing experiences via outreach and in-library programs, and will expand the entire
community's access to information, understanding and knowledge of services related to mental
health. Due to the tight timeline of LSTA grant applications, the Library is asking for approval from
the Board of Supervisors to authorize the Library Director to apply for this grant and all future LSTA
grants and sign the grant agreement(s) and related documents – action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Library)
3.20* 2015 Chip Seal Project, 533-1715-03, Asphalt Emulsion Spreading Services -Annually, the Public
Works Department chip seals a number of publicly maintained roads in Butte County. Chip sealing
roads is a basic pavement preservation process of spreading asphaltic emulsion (oil) on the roads to
seal the cracks in the pavement, followed by a layer of rock or chips that provide a riding surface. The
department contracts for the purchase and spreading of the asphaltic emulsion used in the chip seal
process. This year the department expects to spend approximately $500,000 purchasing and
spreading the asphaltic emulsion for the chip seals. Funding for this item is included within the Road
Fund and budgeted for road maintenance - action requested - AUTHORIZE THE DIRECTOR OF PUBLIC
WORKS TO ADVERTISE AND SOLICIT BIDS FOR THE PURCHASE AND SPREADING OF ASPHALTIC
EMULSIONS.(Public Works)
3.21* Assembly Bill 45 (AB45) Curbside Household Hazardous Waste Legislation - Letter of Opposition -
AB45 (Mullin) as proposed would enact legislation that would require cities and counties to establish
curbside household hazardous waste (HHW) collection programs, door-to-door HHW collection
programs, and HHW residential pickup services as the principal means of collecting HHW. There is
no funding included in the bill. This bill would require jurisdictions to create a baseline for HHW
diversion and meet an unspecified requirement for HHW diversion. This bill also makes findings
outlining the preference for door-to-door HHW collection programs and allows Cal Recycle to create
a model ordinance for a door-to-door collection and diversion program. The California State
Association of Counties (CSAC) and Rural County Representatives of California (RCRC) have a number
of concerns with the bill. First, AB45 would take away the incentive for the Legislature to pass any
additional Extended Producer Responsibility (EPR) legislation for products that are banned from our
landfills. Requiring local governments to collect a certain amount of HHW places the burden of the
end-of-life management of toxic products squarely on local governments and tax payers rather than
the companies that profit from the products. Secondly, door-to-door collection programs are not the
only method of HHW collection, and in many jurisdictions, it is not the preferred method. Local
governments are better suited to design and implement HHW programs that are appropriate for
their community. This bill has been referred to the Assembly Local Government Committee and will
most likely be heard in the next week or two - action requested - APPROVE LETTER AND AUTHORIZE
THE CHAIR TO SIGN. (Public Works)
APRIL 21, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 6 OF 12
3.22* Agreement with NRC Environmental Services, Inc. for Liquid Hauling Services at the Neal Road
Recycling and Waste Facility- On January 14, 2015, the Public Works Department released a Request
for Quotes for liquid transport services for the Neal Road Recycling and Waste Facility (NRRWF).
Liquid transport services are required to maintain and ensure capacity in the septage and leachate
impoundments located at NRRWF. It is estimated that up to 5 million gallons will need to be
removed annually to maintain and lower the liquid levels in the impoundments. The septage
supernatant pond is scheduled for decommissioning in 2016. A single quote was received on
February 10, 2015 submitted by NRC Environmental Services, Inc. of Chico, California. The Public
Works Department reviewed the quote and found it to be acceptable. Public Works is requesting the
Board approve a blanket purchase agreement for liquid hauling services. The annual cost for the 3-
year agreement will be approximately $175,000 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND AUDITOR-CONTROLLER. (Public Works)
3.23* Notice of Completion for Modules 1 and 3 Temporary at the Neal Road Recycling and Waste Facility -
In April 2014, Nichelini General engineering Contractors, Inc. of West Sacramento, CA was awarded
the Modules 1 and 3 Temporary Cover at the Neal Road Recycling and Waste Facility contract in the
amount of $692,020.03. In general, the work consisted of clearing and stripping of temporary cover
area, preparation of subgrade for the construction of a temporary reinforced polypropylene liner,
furnishing and installing the reinforced polypropylene liner and related items, constructing benches
and anchor trenches and grading minor drainage components within the limits of the Modules 1 & 3.
All contract field work has been completed. The Public Works Department is still in the process of
claims settlement with Nichelini General Engineering Contractors, Inc. Public Works is requesting the
Board authorize the Director of Public Works to negotiate and execute any future contract change
orders necessary to settle and closeout the contract not to exceed $25,000. Any proposed
settlement exceeding $25,000 shall be returned to the Board for consideration – action requested –
1) ACCEPT THE CONTRACT WORK AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION
AND AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION; AND 2) AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO NEGOTIATE AND EXECUTE FUTURE CONTRACT CHANGE ORDERS
NECESSARY TO CLOSEOUT THE CONTRACT NOT TO EXCEED $25,000. (Public Works)
3.24* Authorization to Amend Agreement for Environmental Services for Neal Road Recycling and Waste
Facility - At its meeting of June 26, 2012, the Board authorized an award of contract to SCS
Engineers, Inc. (SCS) to provide environmental monitoring services for the Neal Road Recycling and
Waste Facility (NRRWF). These services are required to comply with waste discharge requirements
issued by the Regional Water Quality Control Board. Monitoring is conducted on groundwater,
surface (storm) water, soil pore moisture, landfill gas and liquids contained in the septage and
leachate impoundments at monthly, quarterly, semi-annual and annual intervals and reported to
state and local agencies. The contract will terminate on June 30, 2015. Environmental monitoring
and reporting by SCS has met the scope of work requirements satisfactorily to comply with the waste
discharge requirements. SCS has agreed to honor the current contract cost for an additional two
years. Staff requests the Board approve an amendment for two additional years for a total contract
period of 5-years and increase the cost of the contract by $217,000 for a total not to exceed contract
cost of $590,720 – action requested - APPROVE AGREEMENT AMENDMENTAND AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Public Works)
APRIL 21, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 7 OF 12
3.25* Sierra Moon Subdivision, Phase 2 - Sierra Moon Subdivision, AP 047-710-001, is located on the west
side of Hicks Lane, approximately 1/2 mile south from Hicks Lane and Keefer Road in the north Chico
area. This is a conditionally approved 119-lot, public street subdivision to be developed in four
phases. Sierra Moon Subdivision, Phase 2 is comprised of 16 lots. The developer has complied with
the conditions of approval and has provided a letter of credit to guarantee the completion of the
required remaining Phase 2 improvements. When the Phase 2 Improvements are complete they will
be accepted at that time – action requested – 1) APPROVE THE FINAL MAP FOR SIERRA MOON
SUBDIVISION, PHASE 2; 2) ACCEPT ON BEHALF OF THE COUNTY OF BUTTE THE RIGHT OF WAY
DEDICATIONS FOR CARIBBEAN WAY AND SAN JUAN COURT; 3) ACCEPT ON BEHALF OF THE PUBLIC
THE PUBLIC SERVICE EASEMENTS, STORM DRAIN EASEMENTS, AND POSTAL EASEMENTS AS OFFERED
FOR DEDICATION IN THE OWNER'S STATEMENT; AND 4) AUTHORIZE THE CHAIR TO SIGN THE
SUBDIVISION AGREEMENT. (Public Works)
3.26* Sacramento County Coroner's Office-Contract for Services - The Butte County Sheriff's Office is
requesting to contract for pathology and mortuary services with the County of Sacramento during
those times when our primary forensic pathologist is unavailable. The term of the contract is three
years with a maximum payable of $200,000 – action requested - APPROVE AGREEMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
(Sheriff-Coroner)
APRIL 21, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 8 OF 12
4.Regular Agenda
4.01* Boards, Commissions and Committees
A.Appointments to Listed Vacancies
B. Board Member Appointments to Butte Local Agency Formation Commission (LAFCo)- Butte
LAFCo is a state mandated local agency that oversees boundary changes to cities and special
districts, the formation of new agencies including incorporation of new cities, and the
consolidation of existing agencies. Supervisor Connelly's term as LAFCo Commissioner and
Supervisor Wahl's term as alternate Commissioner will end May 31, 2015 - action requested -
APPOINT ONE BOARD OF SUPERVISORS MEMBER AS REGULAR LAFCO COMMISSIONER AND ONE
MEMBER AS ALTERNATE COMMISSIONER TO TERMS TO END MAY 31, 2019.(County
Administration)
C.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.)
4.02Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
4.03Items Removed from the Consent Agenda for Board Consideration and Action.
4.04* Residential Property Assessed Clean Energy (PACE) Program - PACE programs allow commercial and
residential property owners to obtain financing for the acquisition and installation of energy-
efficiency, water-conservation, and renewable energy improvements to or on their real property and
repay the loan through an assessment on their property tax bill. In 2013, the Board of Supervisors
authorized the adoption of the Figtree and Ygrene Property Assessed Clean Energy (PACE) financing
programs for use by commercial property owners only, in the unincorporated areas of Butte County.
Residential PACE programs were not recommended by staff at that time due to concerns expressed
by the Federal Housing Finance Authority (FHFA). The creation of a Loan Loss Reserve by the State of
California has significantly mitigated concerns regarding residential PACE; therefore, staff
recommends the Board approve joining the Open PACE residential program offered through the
California Statewide Communities Development Authority (CSCDA). By adopting the program, two
third-party administrators, Renewable Funding LLC (the CaliforniaFIRST program) and AllianceNRG
will be able to offer their residential PACE programs in the unincorporated area of the County. PACE
programs are operated by the third party administrators; the County does not provide the financing
or administer the programs – action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (County Administration)
APRIL 21, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 9 OF 12
5.Public Hearings and Timed Items
5.01* 9:30 a.m. -Timed Item - Results of Cash Deficit Reduction Plan- The Department of Behavioral
Health has experienced cash deficits for several years. The department's cash deficit was first
identified when it was moved out of the General Fund and was established as its own fund in FY
2008-09. Since then, the year-end cash deficit has been as high as $7 million and has varied from
year to year. Working closely with County Administration, the department submitted the Cash
Deficit Reduction Plan (Plan) to the Board in March 2014. This Plan outlined seven steps to address
the cash deficit and also build a cash reserve for future financial sustainability. Through the
implementation of the Plan and more timely State payments, there has been a significant
improvement in the department's cash position. As of February 2015, the department had a cash
balance of $2.2 million, which is a stark contrast to a cash deficit of $5.1 million in February 2014.
The department is hopeful that by June 30, 2015 there will be a cash balance. This cash balance will
assist in protecting both the department and the County from the unpredictable timing of State
reimbursements – action requested - ACCEPT FOR INFORMATION. (Behavioral Health)
5.02* 9:45 a.m. – Public Hearing - Amendments to Butte County Code Chapter 24. Zoning Ordinance,
Prohibition on Well Stimulation Byproducts Ordinance - The proposed Prohibition on Well
Stimulation Byproducts Ordinance is a County-initiated amendment to the Butte County Zoning
Ordinance that would ban the storage or disposal of well stimulation ("fracking") byproducts in the
unincorporated portions of Butte County. Adoption of the ordinance has been determined to be
categorically exempt from the California Environmental Quality Act (CEQA) because it will have no
potential for physical change to the environment either directly or indirectly, and because it is a
regulatory action taken to assure the maintenance, restoration, enhancement and protection of the
environment.The Prohibition on Well Stimulation Byproducts Ordinance amends various sections
of the Zoning Ordinance, Chapter 24 of Butte County Code (BCC), as follows: 1) Storage or disposal
of well stimulation byproducts is added as a land use category in all zones, and then this land use
category is shown as not permitted in all zones; 2) Supplemental Use Regulations section BCC
24-167.1 specifies that “no well stimulation byproducts of any form or of any nature may be stored
in, or disposed of in, the boundaries of Butte County, including any injection wells within Butte
County”; and 3) The Glossary is amended to add definitions of “Acidizing,” “Hydraulic Fracturing,”
“Injection Well,” “Well Stimulation Byproducts,” and "Well Stimulation Treatment” – actions
requested –
1) ADOPT THE RESOLUTION MAKING FINDINGS RELATIVE TO THE ORDINANCE AND FINDING THE
ORDINANCE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO CEQA, AND
AUTHORIZE THE CHAIR TO SIGN; AND
2) ADOPT THE ORDINANCE AMENDING CHAPTER 24, ENTITLED "ZONING" OF THE BUTTE COUNTY
CODE TO PROHIBIT THE STORAGE OR DISPOSAL OF WELL STIMULATION ("FRACKING")
BYPRODUCTS, AND AUTHORIZE THE CHAIR TO SIGN.(Development Services)
APRIL 21, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 10 OF 12
(
6.Public Comment each speaker limited to five minutes)
Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five
minutes. Please note that pursuant to California state law, the Board of Supervisors is prohibited from taking
action on any item not listed on the agenda.
7.Board of Supervisors Closed Session
7.01 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 1 CASE:
MICHAEL SEARS v. COUNTY OF BUTTE; BUTTE COUNTY SHERIFF'S OFFICE; ANDY DUCH; JOHN KUHN;
AND DOES 1 THROUGH 100; USDC-EASTERN DISTRICT COURT, CASE NO. 15-CV-00589-MCE-CMK.
7.02 PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO
GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR
7.03 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
APRIL 21, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 11 OF 12
Butte County
Department Heads
Information and Procedures Concerning the Agenda and
Board of Supervisors Meetings
Agricultural
Commissioner:
Meeting Information:
Richard Price
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
website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to explain
Chief Probation Officer:
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
Sharon A Stone
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
Fire Chief:
set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time
Greg McFadden
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
policies and procedures can be found in the printed booklet agenda, obtained at the County Administrative Office,
Public Works:
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*:
ay through Friday, 8:00 a.m. to 5:00 p.m. to
special needs should call the Clerk of the Board at 530-538-7631, Mond
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
APRIL 21, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 12 OF 12