HomeMy WebLinkAboutA051915
BUTTECOUNTY
MEMBERS OF THE BOARD
BOARDOFSUPERVISORS
BILL CONNELLY, DISTRICT 1
LARRY WAHL, DISTRICT 2
RMA
EGULAR EETING GENDA
MAUREEN KIRK, DISTRICT 3
M19,2015
STEVE LAMBERT, DISTRICT 4
AY
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* Resolution Requiring Application for Reduction of Escape Assessments within 60 days of Tax Bill - An
escape assessment is a retroactive assessment intended to rectify an omission or error that caused
taxable property to be under-assessed or not assessed at all. If property escapes assessment, the
Assessor is required to value the property upon discovery, enroll the appropriate value on the roll
being prepared and process escape assessments for prior years as provided by law. This assessment is
not effective until the assessee has been notified. The Assessor currently provides a separate notice
to the taxpayer with information regarding appeal rights and the appeal filing period in accordance
with Section 534(c) of the California Revenue and Taxation (R&T) Code. The notice is then followed by
a tax bill generated as a result of the escape assessment. R&T Code does provide for a more efficient
and cost-effective means of noticing escape assessments. Pursuant to Section 1605(c) of the R&T
Code, the Board of Supervisors may adopt a resolution requiring that taxpayers file applications for
reduction no later than 60 days after the date of mailing on a tax bill (or postmark, whichever is later).
In counties where the Board of Supervisors has adopted such a resolution, the tax bill generated by
the escape assessment may serve as proper notice provided that the required Section 534(c)
information is included and a separate notice of enrollment would no longer be required. The language
of Section 534(c) has been added to the Butte County tax bills for fiscal year (FY) 2015-16, and the
Assessor requests that the Board adopt a resolution under the provisions of Section 1605(c) of the R&T
Code requiring that applications for reduction be filed with the Clerk of the Board no later than 60 days
after the date of mailing of the tax bill for escape assessments. This will allow the 2015-16 tax bills to
serve as official notice of any escape assessments added to the official roll - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Assessor)
3.02* Agreement with Beth Jones - Beth Jones was selected through a competitive Request for Proposals
process to fill a contracted position of Patients’ Rights Advocate. Approval is requested for an
agreement with Beth Jones to provide patient rights advocacy for Butte County Department of
Behavioral Health (BCDBH) clients. The term of the agreement will be July 1, 2015 through June 30,
2017. The maximum financial obligation under this agreement shall not exceed $105,400 ($52,700 for
FY 2015-16 and $52,700 for FY 2016-17) – action requested - APPROVE AGREEMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral
Health)
MAY 19, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 1 OF 16
3.03* Agreement with Caminar, Inc. -Caminar, Inc. is a nonprofit corporation specializing in the planning,
development, and operation of vocational rehabilitation programs. Approval is requested for an
agreement with Caminar, Inc. to provide vocational rehabilitation services to Butte County clients who
have displayed severe and persistent mental illness and/or alcohol and drug problems, and for
property management services for Avenida Apartments in support of these services. The term of this
agreement will be July 1, 2015 through June 30, 2016. The maximum financial obligation under this
agreement shall not exceed $286,108 – action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
(Behavioral Health)
3.04* Budget Adjustment and Capital Asset Purchase - Per County Budget and Capital Asset policy, approval
is requested for the purchase of two Storage Area Network (SAN) systems to replace aging units. The
primary purpose of a SAN system is the transfer of data between computer systems and storage
elements. Updated systems will provide many benefits to the department including high capacity, real-
time, 24/7 storage for all critical data systems. Approval is requested for a budget adjustment moving
services and supply funding within the department budget to fund the capital asset purchase. The total
estimated cost is $275,000 – action requested – 1) APPROVE CAPITAL ASSET PURCHASE; AND 2)
APPROVE BUDGET ADJUSTMENT. (Behavioral Health)
3.05* Agreement with Counseling Solutions-Counseling Solutions, a nonprofit agency, provides mental
health services to Butte County youth living in the foster care system. Counseling Solutions helps
children, adults and families work through issues that cause barriers to healthy relationships.
Approval is requested for an agreement with Counseling Solutions to provide mental health services
to Medi-Cal eligible children. The term of this agreement will be July 1, 2015 through June 30, 2016.
The maximum financial obligation under this agreement shall not exceed $337,038.90 – 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 Crestwood Behavioral Health, Inc. - Amendment A - Crestwood Behavioral Health,
Inc. (Crestwood) consists of skilled nursing facilities, mental health rehabilitation centers, and
institutes for mental disease which provide behavioral intervention and psychological and social
rehabilitation to consumers with mental disorders in secure residential settings. Approval is requested
to amend the agreement with Crestwood to increase bed days and enhancement services needed for
client placements through FY 2014-15. The increase is due to additional consumer placement needs.
There are no changes to rates, and the term of this agreement will remain July 1, 2014 through June
30, 2015. The maximum financial obligation under this agreement shall not exceed $1,185,000 (this is
an increase of $275,000) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
(Behavioral Health)
3.07* Agreement with Crestwood Behavioral Health, Inc. -Approval is requested for an agreement with
Crestwood to provide behavior modification, skilled nursing, case management, pre-vocational and
life skills training. The term of this agreement will be July 1, 2015 through June 30, 2016. The maximum
financial obligation under this agreement shall not exceed $951,000 – action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER.(Behavioral Health)
MAY 19, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 2 OF 16
3.08* Agreement with Debra Villasenor - Debra Villasenor provides a wide array of services associated with
the identification, development and operation of housing for clients with serious mental illness who
receive services through BCDBH. The housing services include: determining housing needs of BCDBH
clients; identifying accessible housing, building partnerships with housing owners and property
management firms to obtain more available units for BCDBH clients; developing plans for use of
Mental Health Services Act (MHSA) housing funds; and ensuring compliance with reporting
requirements of housing grants. Approval is for an agreement with Debra Villasenor for the provision
of these housing services. The term of the agreement will be July 1, 2015 through June 30, 2016. The
maximum financial obligation under this agreement shall not exceed $49,980 – action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER.(Behavioral Health)
3.09* Agreement with the State Department of Health Care Services - 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. 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 $9,412,044, broken down as follows: $3,675,580 (this is an increase of $807,348) for FY 2014-
15; $2,868,232 for FY 2015-16; and $2,868,232 for FY 2016-17 – action requested – 1) APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE 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)
3.10* Agreement with Onsite Medical Services Physician Assistant Corporation (Onsite Medical) -Onsite
Medical conducts health histories and physical examinations for clients in the Butte County Psychiatric
Health Facility. Examinations are conducted on a daily basis, seven days a week, and within 24 hours
of the clients admission to the Psychiatric Health Facility as required by law. Approval is requested for
an agreement with Onsite Medical for the provision of physicals and medical evaluations. The term of
this agreement will be July 1, 2015 through June 30, 2016. The maximum financial obligation under
this agreement shall not exceed $47,880 - action requested - APPROVE AGREEMENT AND AUTHORIZED
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
(Behavioral Health)
3.11* Agreement with Jesus Center-Jesus Center is part of a continuum of service providers that integrates
individuals into the community from a life of isolation. Staff at the center ensure that food, shelter,
and vocational rehabilitation are provided in a supportive environment for those in need of services.
Approval is requested for an agreement with Jesus Center to provide vocational rehabilitation services
to Butte County clients seeking community employment. The term of this agreement will be July 1,
2015 through June 30, 2016. The maximum financial obligation under this agreement shall not exceed
$71,100 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
MAY 19, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 3 OF 16
3.12* Agreement with Skyway House, LLC. -Amendment B - Skyway House LLC is a drug rehabilitation facility
where persons suffering from chemical dependency can re-establish their lives in a structured, private
residential facility. Skyway House, LLC specializes in residential, short-term (30 days or less) and
residential, long-term (30 days or more) substance abuse treatment program. Approval is requested
to amend the agreement with Skyway House, LLC to provide additional residential housing for Butte
County clients, update contract recitals to Skyway House, LLC due to an organizational structure
change, and to modify reimbursement language. There are no changes to rates, and the term of this
agreement will remain July 1, 2014 through June 30, 2015. The maximum financial obligation under
this agreement shall not exceed $75,706.14 (this is an increase of $19,771.50 for FY 2014-15) – action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.13* Agreement with Youth for Change(YFC) -YFCis a nonprofit organization that is licensed by the State
of California to provide specialty mental health treatment and support services in the community. YFC
specializes in community collaboration which supports the healing of children and families. Approval
is requested for an agreement with YFC to provide mental health services to Medi-Cal eligible children
within Butte County. The term of this agreement will be July 1, 2015 through June 30, 2016 with a
maximum financial obligation not to exceed $3,244,564.20 - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Behavioral Health)
3.14* Agreement with Dora-Linda Lau Wang, M.D.-Dr. Dora-Linda Lau Wang is a licensed physician and
surgeon who is experienced in the delivery of psychiatric services through telepsychiatry, whereby
clients receive psychiatric services by video-conferencing. Dr. Wang's services will supplement those
of other Butte County psychiatrists. Approval is requested for an agreement with Dr. Wang for the
provision of telepsychiatric services. The term of this agreement will be July 1, 2015 through June 30,
2016. The maximum financial obligation under this agreement shall not exceed $266,240 – action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.15* Agreement with Victor Treatment Centers, Inc. – Victor Treatment Centers (VTC) provides a living
environment for severely emotionally disturbed children, ages 8 through 18, who are not able to
succeed in family situations, foster homes, group homes, and/or lower levels of care. The youth served
by VTC have significant mental, behavioral and/or emotional disorders that result in the need for 24-
hour supervision in conjunction with intensive mental health services. Approval is requested for an
agreement with VTC to provide mental health services to Butte County youth who meet the standards
of medical necessity. The term of this agreement will be July 1, 2015 through June 30, 2016. The
maximum financial obligation under this agreement shall not exceed $59,999.67 – action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER.(Behavioral Health)
3.16* Agreement with Victor Community Support Services, Inc. – Victor Community Support Services (VCSS)
provides a wide array of community based mental health and family support services. Working in a
close partnership with Butte County Department of Behavioral Health, VCSS addresses the mental
health needs of children and their families. Approval is requested for an agreement with VCSS to
provide school-based mental health services to Medi-Cal eligible children. The term of this agreement
is July 1, 2015 through June 30, 2016 with a maximum financial obligation that not-to-exceed
$2,339,077.36 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
MAY 19, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 4 OF 16
3.17* Agreement with Valley Oak Children's Services (VOCS)– VOCS is a nonprofit agency serving Butte
County with a primary function to support, empower and advocate for children, families and child care
providers through education, resources, and the promotion of quality child care services. VOCS
provides support to licensed child care centers, family child care homes and informal child care
providers in dealing with and managing children with challenging behaviors. Approval is requested for
an agreement with VOCS to provide mental health services to full scope Medi-Cal Children. The term
of this agreement will be July 1, 2015 through June 30, 2016. The maximum financial obligation under
this agreement shall not exceed $50,100 - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
(Behavioral Health)
3.18* Agreement with Stonewall Alliance of Chico- Stonewall Alliance of Chico works to create an accepting
environment for members of the lesbian, gay, bisexual, transgender and questioning community that
is open, safe, and inclusive for all people. They provide information, advocacy, referrals, and support.
The Stonewall Alliance of Chico unites and strengthens individuals and the community through
coordination of community events, activities, and discussions. Approval is requested for an agreement
with Stonewall Alliance of Chico to provide suicide prevention, education and outreach to Butte
County community individuals and groups. The term of this agreement will be July 1, 2015 through
June 30, 2016. The maximum financial obligation under this agreement shall not exceed $97,220 –
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.(Behavioral Health)
3.19* Agreement with Kindred HealthCare, dba Medical Hill Rehab Center, LLC (Kindred Healthcare) -
Kindred Healthcare provides services targeted at improving the adaptive functioning of chronic
mentally disordered patients to enable some patients to move into a less restrictive environment and
prevent other patients from regressing to a lower level of functioning. Approval is requested for an
agreement with Kindred Healthcare, which will provide skill training, money management, and training
on accessing community services, transitional programs, work activity, and vocational counseling. The
term of this agreement will be July 1, 2015 through June 30, 2016. The maximum financial obligation
under this agreement shall not exceed $60,390 – action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Behavioral Health)
3.20* Resolution Authorizing Chair to Sign Agreement between Department of Health Care Services and
Butte County Behavioral Health - The California Department of Health and Human Services (DHCS)
administers the Mental Health Services Act (MHSA) Projects for Assistance in Transition from
Homelessness (PATH) and Community Mental Health Services Grant (MHBG) programs and oversees
the county provision of mental health services provided with realignment funds. DHCS requires Butte
County Department of Behavioral Health to enter into an agreement, which describes terms and
conditions that are required order to remain in compliance with the regulations of providing specialty
mental health services and receive this funding. Approval is requested for an agreement with DHCS.
The term of this agreement will be July 1, 2015 through June 30, 2016 – action requested – 1)APPROVE
AGREEMENT AND AUTHORIZE 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)
MAY 19, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 5 OF 16
3.21* Agreement with Chico Healthcare & Wellness Centre, LP, dba Riverside Point Healthcare & Wellness
Centre - Approval is requested to renew the agreement with Chico Healthcare & Wellness Centre, LP,
dba Riverside Point Healthcare & Wellness Centre for the provision of daily meals for inpatients at
Butte County's Psychiatric Health Facility. The term of the agreement is July 1, 2015 through June 30,
2016. The maximum financial obligation under this agreement shall not exceed $59,991 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER.(Behavioral Health)
3.22* Table A Water Allocation Budget Adjustment - Butte County has a State Water Project (SWP) water
allocation of 27,500 acre feet of water per year, referred to as the Table A allocation. The County is
charged annually by the State for the Table A allocation and receives revenue from water contractors
through long term lease agreements to offset those payments. The current year budget of $1,398,000
is short by $175,000. An increase in appropriations of $175,000 is needed to make the final payments
to the State in FY 2014-15. This increase is more than offset by lease revenues – action requested -
APPROVE BUDGET ADJUSTMENT (4/5 vote required). (County Administration)
3.23* Indigent Defense Contracts - The County is required by state and federal law to provide an attorney
for persons charged with a crime, or in other special circumstances, if they cannot afford an attorney.
Butte County contracts this service with a consortium of local attorneys who provide full service public
defender work. The consortium has been an effective component of the criminal justice system, and
has the support of the Superior Court Bench, District Attorney, Chief Probation Officer, and Sheriff.
The consortium has also been a cost-effective model for the County, providing a high level of service
for substantially less than similar counties pay. The Consortium Contracts expired April, 2015. Staff
and the consortium have crafted a three-year extension with a 2% increase in the first year, which
brings the annual cost for a full time attorney, a paralegal, an office with public access, and all
necessary insurance to $141,090.36. The total contract costs for the first year is $2,454,972. The rate
for years two and three will be increased in an amount equal to the salary increase approved by the
Board of Supervisors for the Deputy District Attorney classification, if any. There are 15 full-time and
5 part-time attorneys in the consortium. Between these attorneys they cover all the criminal courts,
juvenile dependency courts, truancy court, juvenile drug court, FOREST II program, mental health and
probate conservatorship proceedings, child support orders, DUI court, HIDE cases, domestic violence
diversion and probation cases, Prop 36, drug court, and pre-trial and post-trial extraordinary writs –
action requested - APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.(County Administration)
3.24* Budget Adjustment -Community Development Block Grant Program Income-As of July 1, 2014, the
State Department of Housing and Community Development (HCD) implemented changes to the
Program Income (PI) policy in the State Community Development Block Grant (CDBG) Program. The
policy change requires PI to be used first to fund open grant activities when funds are available. In
order to comply with the policy change, the Department is requesting a budget adjustment to increase
appropriations in the PI Fund by $55,000, offset by the use of fund balance, to reimburse the CDBG
Fund for a portion of costs to the open grant. The transfer will result in an increase to the fund balance
in the CDBG Fund by $55,000. The PI fund is also used to track loan receivables for the housing
rehabilitation loan program. The Disaster Recovery Initiative (DRI) housing loans, which were funded
through a CDBG grant, are forgivable to the homeowner over a seven year period. Each year the loans
receivable is reduced by one seventh of the original loan amount if the owner meets all of the terms
of the loan. The Department made a change to the accounting practice for these loans based on
recommendations from an outside auditor. The loan reductions are now carried in the PI fund. A
budget adjustment is requested to increase appropriations in the PI Fund by $65,000 to reflect the
reductions to the DRI housing rehabilitation loans receivable, offset by use of fund balance - action
requested - APPROVE BUDGET ADJUSTMENT(4/5 vote required). (County Administration)
MAY 19, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 6 OF 16
3.25* Agreement for Audit Services - Gallina, LLP - Approval is requested for an agreement for annual audit
services between the County of Butte and the accounting firm Gallina, LLP. The agreement provides
for three years of audit services for fiscal years ending June 30, 2015, June 30, 2016 and June 30, 2017.
The maximum amount payable is $262,510. The scope of services for the 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. In addition, the contractor will
conduct audits of the Treasury, the Neal Road Landfill Enterprise Funds, the Department of Insurance
Worker's Compensation Insurance Program, and Cal-EMA and Department of Correction and
Rehabilitation grants. The County requested proposals for audit services in January 2015. Two
proposals were received, and the County Audit Committee recommends Gallina - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER. (County Administration)
3.26* Approval of Minutes – action requested - APPROVE MINUTES OF MAY 5, 2015. (County Administration)
3.27* Resolution Amending the Joint Powers Agreement withthe Butte County Association of Governments
(BCAG) - Butte County is a member of the joint powers public entity known as BCAG. The term of the
current Joint Powers Agreement with BCAG is 10 years, effective through July 25, 2015. BCAG is
requesting a two-year extension of the term of the JPA through July 25, 2017. BCAG is the State
designated Regional Transportation Planning Agency (RTPA) and the federal designated Metropolitan
Planning Organization (MPO) for Butte County. Under these designations, BCAG is responsible for the
planning and programming of all federal and State transportation funds within the region in
cooperation with BCAG's member agencies. As a regional planning agency, BCAG has also assumed
other local/regional planning responsibilities that directly support and benefit the Cities, Town, and
County. One of the many regional planning projects that BCAG is responsible for is the development
of the Butte Regional Conservation Plan (BRCP). BCAG anticipates approval of the BRCP by local
entities, State, and federal agencies by July 2016. Therefore, BCAG believes that extending the BCAG
Joint Powers Agreement to July 2017 will provide sufficient time for the BRCP approval, as well as
adequate time to work out responsibilities for implementation. Prior to July 25, 2017, staff will return
to the Board of Supervisors for consideration of a new, long-term agreement for regional planning
agency services – action requested - APPROVE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(County Administration)
3.28* Supplemental Law Enforcement Services Fund Budget Adjustment - Prior to 2011 Realignment, the
County received Supplemental Law Enforcement Services funds as a separate funding stream. When
2011 Realignment was implemented, the intention was to expend the old funding first and then begin
spending down the 2011 Realignment. That was not the case, and the old funding has been in the
Supplemental Law Enforcement Services Fund for the past few years. The Board of Supervisors is
requested to approve a budget adjustment transferring $378,224.39 in old funding to the Sheriff's
Office, the District Attorney's Office and the Probation Department for allowable expenses. The net
result of this transfer is that more 2011 Realignment funding will be available for authorized functions
in the Sheriff's Office and the Probation Department for future use. Once the funding has been
transferred, the Supplemental Law Enforcement Services Fund will be closed – action requested -
APPROVE BUDGET ADJUSTMENT (4/5 vote required). (County Administration)
MAY 19, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 7 OF 16
3.29* Resolution Authorizing Execution of Revenue Agreement with Victim Compensation and Government
Claims Board - The State of California Victim Compensation and Government Claims Board (VCGCB)
provides funding to support victim services including, but not limited to, data entry, verification and
adjudication of claims for the unreimbursed financial losses for victims of crime. The VCGCB has
allocated $466,320 for the period of July 1, 2015, through June 30, 2018 (to be paid to the County:
$155,440 for FY 2015-16; $155,440 for FY 2016-17; and $155,440 for FY 2017-18). Pursuant to the
requirements of the agreement, Board approval is requested for a resolution which will approve the
ney to execute the agreement and all other supporting
agreement and authorize the District Attor
documentation – action requested – ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE AGREEMENT AND AUTHORIZE THE DISTRICT ATTORNEY TO EXECUTE AGREEMENT AND
OTHER AGREEMENT DOCUMENTATION.(District Attorney)
3.30* Recommended FY 2014-15 Budget Adjustments- The Department of Employment and Social Services
(DESS) was recently notified by the State of California that additional CalWORKs Single Allocation
monies are available for FY 2014-15 to provide for local resources needed to comply with certain
mandated services. The DESS will receive additional Single Allocation monies to administer increased
caseload related activities in employment services. These funds will be used for contracted
employment resource services, as well as transportation, and ancillary services which allow
participants to successfully become and maintain self-sufficiency through a variety of activities related
to job search workshops, case management, training, and education services – action requested -
APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Employment and Social Services)
3.31* Resolution Establishing Limited Benefits for Extra Help Appointments - There is currently no authority
for the County to pay Extra Help staff standby pay in compensation for standby shift coverage, which
is becoming necessary, especially in Code Enforcement functions. Staff recommends the Board of
Supervisors adopt a resolution that will authorize County departments to provide standby pay to Extra
Help staff when they perform standby duties, as needed – action requested - ADOPT RESOLUTION AND
AUTHORIZE CHAIR TO SIGN (Human Resources)
3.32* CalPERS Health Benefits Resolution, Extra Help Employees - CalPERS, under the Public Employees'
Medical and Hospital Care Act (PEMHCA), requires resolutions be on file to account for how an
organization enters into the CalPERS health benefits system. When the County originally entered into
the CalPERS health benefits system, it entered in separately for each of the various employee groups.
Only employees in classifications covered by an executed PEMHCA resolution can be offered health
benefits through CalPERS. All employees in extra help classifications are not currently covered by an
executed PEMHCA resolution. The Affordable Care Act requires that the County offer affordable,
qualified insurance to a significant percentage of employees defined as 'full-time' under that Act. The
County is currently unable to offer insurance, if needed, to certain extra help employees as some
classifications pertaining to those employees are not covered by an executed PEMHCA resolution.
Approval of this resolution will satisfy CalPERS requirements, and will also allow the County to offer
health insurance, if needed, to certain extra help employees defined as 'full time' by the Affordable
Care Act - action requested - ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN. (Human
Resources)
MAY 19, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 8 OF 16
3.33* Resolution to Amend the Salary Ordinance- The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following department:
Probation: The Probation Department is requesting to add one (1) position of Assistant Chief Probation
Officer to their allocations. This change is being made to better meet the current and future needsof
the department and 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. Any increase in costs associated with this change will be funded within the department's
budget – action requested - ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human
Resources)
3.34* Agreement with NWN Corporation for Back-Up System, Budget Adjustment, and Capital Asset
Purchase - Information Systems provides file and server backup functions to departments in the
County. The current backup system is experiencing significant impacts due to the amount of data it is
required to support, including requiring close supervision, showing increased signs of instability, and
filling up faster than previously anticipated. There is no longer sufficient storage capacity in the system,
which is budgeted for replacement in the recommended budget for FY 2015-16. The Department does
not believe it is prudent or in the best interest of the County to wait for the next fiscal year, as the risk
has become too great to continue to operate in this precarious state. Information Systems requests
the approval of an agreement with NWN Corporation for a cloud-integrated backup system and the
first year of support services; capital asset purchase authority; and a budget adjustment increasing
appropriations in the Support Services Equipment Replacement Fund to purchase the new backup
system, at a not-to-exceed cost of $124,225.63, in the current fiscal year – action requested – 1)
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER; 2) APPROVE CAPITAL ASSET PURCHASE; AND 3) APPROVE
BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Information Systems)
3.35* Budget Adjustment - The Library has received one-time, unanticipated monies from NorthNet Library
System (NLS). The monies shall be used for the purchase of ebook collections to support interlibrary
resource sharing and delivery and for the purchase of hardware and software to support
communication amongst NLS members. The department is requesting an adjustment in the budget
accepting and appropriating the $11,884 in unanticipated one-time revenues – action requested -
APPROVE BUDGET ADJUSTMENT (4/5 vote required).(Library)
3.36* Agreement with Communicable Disease Solutions, Inc. for FY 2015-16 -Approval is requested for an
agreement with Communicable Disease Solutions, Inc. for the oversight and management of the Butte
County Public Health Laboratory. Under Communicable Disease Solutions, Inc., Greg Costo, who
currently serves as laboratory director, will continue to serve in that capacity. The State requires
certain education and experience requirements to operate a public health lab, and Greg Costo meets
those requirements. The term of the proposed agreement is July 1, 2015 through June 30, 2016 with
a maximum payable of $90,000 – action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR CONTROLLER. (Public Health)
MAY 19, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 9 OF 16
3.37* Agreement with Decade Software Company, LLC for EnvisionConnect Software License, Support and
Maintenance - Currently, the Public Health Department uses EnvisionConnect Suite software by
Decade Software Company, LLC. The EnvisionConnect Suite is a billing and project tracking system that
meets the requirements of California environmental health agencies by staying in compliance with
State standards. This software has proven very useful for the department. Many updates have been
provided as regulations and requirements by the State have changed. This software was originally
purchased in 2009 and continued use of the software requires a service agreement. The current
agreement expires on May 30, 2015. Requested is an agreement with Decade Software Company, LLC
to continue use of the EnvisionConnect Suite. The agreement will continue providing licensed use of
the software, along with software support and maintenance. The term of the agreement is May 31,
2015 through May 30, 2018 for a maximum payable amount of $133,668 ($44,556 per year) – action
requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER.(Public Health)
3.38* Amendment to Grant Agreement with the State Department of Public Health for the Emergency
Preparedness Program - The Public Health Department currently has a grant agreement with the
California Department of Public Health (CDPH) to provide funding for Butte County's Public Health
Emergency Preparedness, Pandemic Influenza and Hospital Preparedness Programs in the amount of
$1,357,095 for the period of July 1, 2014 through June 30, 2017. Funds from this grant are utilized to
develop and implement specific activities related to emergency preparedness that are in accordance
with the requirements of the Centers for Disease Control and the Local Grant Application Guidance.
Examples of grant activities include health care system preparedness, volunteer management,
emergency operations coordination, information sharing, community preparedness, and program
management. CDPH is amending the current grant agreement to allow the department to utilize funds
from the previous contract period that were not expended. The term of the agreement remains July
1, 2014 through June 30, 2017 with a new maximum amount receivable of $1,406,406 ($501,676 for
FY 2014-15, $452,365 for FY 2015-16, and $452,365 for FY 2016-17). This reflects an increase of
$49,311 for FY 2014-15. This additional revenue was anticipated and therefore no additional
appropriations are required – action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
(Public Health)
3.39* Public Health Emergency Preparedness Supplemental Funding Agreement for Ebola Preparedness and
Response - Requested is approval of an agreement between the California Department of Public
Health and the County of Butte to provide funding to implement the Ebola Preparedness and Response
Project. The purpose of the funding is to support accelerated state and local public health
preparedness planning and operational readiness for responding to Ebola. The Public Health
Department will develop and implement specific activities based on the Centers for Disease Control
requirements. Examples of grant activities include community preparedness, public health surveillance
and epidemiological investigation, and responder safety and health. The term of the agreement is July
1, 2015 through September 30, 2016 with a maximum amount receivable of $69,523 – action
requested – 1) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 2) APPROVE LETTER OF ACCEPTANCE AND
AUTHORIZE THE CHAIR TO SIGN. (Public Health)
MAY 19, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 10 OF 16
3.40* Amendment to Grant Agreement with the State Department of Public Health - The Public Health
Department currently has a grant agreement with the California Department of Public Health (CDPH)
to participate in the HIV Care Program. The program provides health education and care and treatment
services to HIV-positive individuals to help prevent the early onset of AIDS related symptoms. The
department requests approval of an amendment to this agreement. The amendment clarifies that the
Catalog of Federal Domestic Assistance (CFDA) Number associated with this funding is 93.917. This
clarification is an administrative requirement for the implementation of the HIV Care Program to
ensure that all funded contractors/subcontractors are informed of the information.All other terms of
the agreement remain the same – action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Public Health)
3.41* Approval of Contract Amendment with Gallaway Enterprises and NorthStar Engineering for
Environmental Services - The Public Works Department currently contracts with Gallaway Enterprises
and NorthStar Engineering for environmental services on several projects that are expected to extend
beyond the three-year contract term of their respective contracts. The department will seek Request
for Qualifications in the coming months for future environmental services but wish to maintain
consistency of the current consultant teams for the existing projects. Approval is requested for a one
year extension of existing agreement for each firm. The amendment also increases each agreement
by $50,000 for a maximum payable amount of $150,000 – action requested - APPROVE AGREEMENT
AMENDMENTS (2) AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN. (Public Works)
3.42* JAG Grant Application-Resolution - The Sheriff's Office applied for and was awarded a federal grant to
further enhance the Alternative Custody Supervision (ACS) program. The Sheriff's Office, in
collaboration with Chico Unified School District (CUSD), designed a program to allow selected youths
age 16-24 to participate in the Youth Build Program. The Youth Build Program teaches the selected
youth the construction trade and assures a high school diploma or GED. The funding is granted
annually, based on performance in years two and three. The Sheriff's Office was granted $714,960 for
the first ten months of the program. The Sheriff's Office will retain a budget of $228,464 and pass the
remaining $486,496 to CUSD for use in the Youth Build Program. Sheriff funding is intended for two
deputy sheriff positions to manage the participants in the Youth Build Program assigned to ACS. Due
to the short time frame from the grant application to notice of award to acceptance, the Chief
Administrative Officer signed the grant acceptance notice. The Sheriff is requesting ratification of Chief
Administrative Officer (CAO) Hahn's signature on the JAG grant acceptance form - action requested –
1) RATIFY CAO’S SIGNATURE ON THE GRANT AGREEMENT; 2) ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN; AND 3) APPROVE THE BUDGET ADJUSTMENT(4/5 vote required).(Sheriff)
3.43* Department of Water Resources Groundwater Sustainability Program Strategic Plan - The Sustainable
Groundwater Management Act (SGMA) went into effect on January 1, 2015. The SGMA includes
specific responsibilities of the Department of Water Resources (DWR). The success of local agencies
will rely in part on DWR successfully carrying out its mandates. On March 13, 2015, DWR released a
draft Strategic Plan for the Groundwater Sustainability Program. Comments on the draft strategic plan
are due June 1, 2015. Overall, the draft Strategic Plan provides a clear and transparent description of
DWR's activities regarding SGMA implementation. However, the strategic plan has some areas that
are incorrect or require clarification. These areas include the description of the powers of counties to
manage groundwater, the availability of resources for local implementation, DWR's approach to
interregional assistance and improved display of information. On May 6, 2015 the Butte County Water
Commission passed a motion recommending that the Butte County Board of Supervisors send a letter
to DWR on their draft Groundwater Sustainability Plan Strategic Plan – action requested - APPROVE
THE LETTER AND AUTHORIZE THE CHAIR TO SIGN.(Water and Resource Conservation)
MAY 19, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 11 OF 16
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 and Legislative Issues by the Chief Administrative Officer.
4.03 Items Removed from the Consent Agenda for Board Consideration and Action.
4.04*Third Quarter Financial Report-The thirdquarter ended March 31, 2015. The quarterly financial report
provides an update on the national, state and local economy; summarizes the quarterly analysis of
expenditures and revenues; provides an update on cash balances; and reports on current long-term
debt obligations– action requested - ACCEPT FOR INFORMATION. (County Administration)
4.05* Implementation of Government and Accounting Standards Board 68 - Reporting for Public Pension
Plans - The Government Accounting Standards Board (GASB) establishes accounting and financial
reporting standards for state and local governments. The rules established by the GASB are issued in
a series of documents it calls "statements". In order for Butte County to receive the required audit
opinion, we must comply with the GASB statements. The GASB recently issued GASB #68, which made
substantial changes to the accounting and reporting for Public Pension Plans. It replaced GASB #27,
which has been the reporting standard since 1997. The new standards will require Butte County to
record a material Pension Liability on our government wide financial statements. The Auditor-
Controller's Office and the County Administration Department are working closely on an
implementation plan – action requested - ACCEPT FOR INFORMATION. (Auditor-Controller)
4.06* Drought Task Force Report - In 2004, Butte County adopted the Drought Preparedness and Mitigation
Plan (Resolution 04-200). A key element of the Plan was the creation of the Drought Task Force (DTF).
The charge of the Drought Task Force is to monitor hydrologic conditions throughout the water year
and report the findings to the Water Commission and the Board of Supervisors biannually, quarterly,
or monthly as needed. On January 17, 2014, Governor Brown declared a statewide drought emergency
and issued an executive order. On January 31, 2014 Butte County activated the Drought Emergency
Operation Center. The Drought Action Plan is currently in a Level 1 response and has two week
operational periods. The DTF met on April 15, 2015 to discuss fall groundwater level measurements,
hydrologic conditions, drought impacts and state drought restrictions. The State Water Resources
Control Board readopted the 2014 emergency regulations and imposed additional restrictions based
on the Governors' Executive Order. The State is mandating a 25% reduction in residential water use
that will be implemented by individual urban suppliers. The reduction targets do not apply to areas
outside of urban water supply areas except for institutions (e.g., jails, hospitals, cemeteries, golf
courses). Locally, surface water deliveries to Feather River Settlement Contractors have been cut back
by 50% and water has been curtailed to other water right holders. The report of DTF was presented to
the Butte County Water Commission on May 6, 2015. The DTF and Water Commission recommend
that County incorporate into its educational programs the principles of reducing water demand
especially on outdoor irrigation. The recommendation is consistent with previous direction provided
by the Board. The Drought Task Force will meet on June 17, 2015 – action requested - ACCEPT FOR
INFORMATION. (Water and Resource Conservation)
MAY 19, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 12 OF 16
5.Public Hearings and Timed Items
5.01* 9:30 a.m. – Public Hearing -Final Report for the Community Development Block Grant Planning
Activity, Local Hazard Mitigation Plan - Butte County was awarded grant funds through the
Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) Allocation to repair
roads and homes that were damaged during the 2008 wildfires, as well as complete the Local Hazard
Mitigation Plan (LHMP). The County contracted with AMEC Environment & Infrastructure, Inc. to
prepare the LHMP. The purpose of hazard mitigation is to reduce or eliminate long-term risk to
people and property from hazards. The LHMP was prepared pursuant to the requirements of the
Disaster Mitigation Act of 2000 so that the County will be eligible for the Federal Emergency
Management Agency's (FEMA) Pre-Disaster Mitigation and Hazard Mitigation Grant programs. The
County followed a planning process prescribed by FEMA, which began with the formation of a hazard
mitigation planning committee (HMPC) comprised of key County representatives and other regional
stakeholders. The HMPC conducted a risk assessment that identified and profiled hazards that pose
a risk to the County, assessed the County’s vulnerability to these hazards, and examined the
capabilities in place to mitigate them. Based on the risk assessment, the HMPC identified goals and
objectives for reducing the County’s vulnerability to hazards. The LHMP was approved by the Board
on July 29, 2014 in preparation for submission to FEMA. The LHMP was subsequently approved by
FEMA on November 4, 2014. Planning activities funded through CDBG require a public hearing held
before the Board of Supervisors to notify the public about the accomplishment and to hear public
comment. The LHMP can be viewed online at www.buttecounty.net/oem/MitigationPlans- action
requested - ACCEPT FOR INFORMATION. (County Administration)
5.02* 9:45 a.m. – Public Hearing - Mitigation and Monitoring Reporting Program for Use Permit UP10-0003
(Helena Chemical) - On February 26, 2013, the Board of Supervisors approved Helena Chemical
Company’s request for a Conditional Use Permit (UP10-0003), subject to conditions, including
Condition of Approval No. 8 requiring the Director of Development Services to schedule a public
hearing before the Board of Supervisors to review compliance with conditions of approval and any
traffic issues on the Midway and Nelson Road. Helena Chemical Company has submitted a Mitigation
Monitoring and Reporting Program (MMRP), providing a status update on the project’s compliance
with conditions of approval and mitigation measures required of the project at time of approval. No
traffic accidents near the intersection of Nelson Ave and Midway have been reported to the California
Highway Patrol or Butte County Department of Public Works to date following construction of
Helena’s bulk fertilizer building – action requested - STAFF RECOMMENDS THAT THE THAT THE
BOARD OF SUPERVISORS ACCEPT THE MITIGATION AND MONITORING REPORT FOR HELENA
CHEMICAL’S NELSON, CA USE PERMIT UP10-0003. (Development Services)
MAY 19, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 13 OF 16
5.03* 10:30 a.m. – Timed Item - Loch Lomond Glen Foundation - Request for Waiver of County Use Permit,
Building and Impact Fees - Loch Lomond Glen Foundation, a non-profit 501(c)(3) organization, has
requested that the Board of Supervisors waive all County fees associated with a park. The Foundation
has filed applications for associated building permits and will be filing an application for a Conditional
Use Permit for the existing park and proposed expansion. The park site is located at 14988 Nimshew
Road, Magalia (APN 065-500-030). Butte County Code Section 1-18 allows the Board of Supervisors
to waive fees under certain circumstances: "The Board of Supervisors may waive all or part of any
fee set forth in the Butte County Code that they have the legal authority to waive, if the applicant is
a public entity or nonprofit charitable organization or if the Board of Supervisors finds that it is
otherwise in the public interest to do so." Requested County fees to be waived are for building
permits and a Conditional Use Permit of $9,906.74 (of which they have paid $2,699.40 in building
permit fees). Pursuant to Government Code Section 66001, the waiver of any development impact
fees requires a corresponding transfer to the development impact fee fund. If the Board chooses to
waive the development impact fees, a budget adjustment from the General Fund Appropriation for
Contingencies is required. The amount of County impact fees requested to be waived would be
$3,743.42. Staff recommends the Board of Supervisors find in the public interest to waive the fees
for the Conditional Use Permit ($3,990.44), but deny the request to waive the building permit and
County impact fees. Staff also recommends that the fee waiver for the Conditional Use Permit not be
applicable until after the building permit and impact fees are paid. This is due to the fact that the
buildings and decks were installed without permits - action requested - FIND THAT IT IS IN THE PUBLIC
INTEREST AND WAIVE CONDITIONAL USE PERMIT (CUP) FEES, BUT DENY THE WAIVER OF BUILDING
PERMIT AND IMPACT FEES. THE CUP FEE WAIVER WOULD BE VALID UPON PAYMENT AND
COMPLIANCE OF BUILDING CODE REQUIREMENTS AND IMPACT FEES.
ALTERNATIVE ACTIONS:
1.DENY THE REQUESTED WAIVER OF FEES; -OR-
2.FIND THAT IT IS IN THE PUBLIC INTEREST AND WAIVE CONDITIONAL USE AND BUILDING
PERMIT FEES, BUT DENY THE WAIVER OF IMPACT FEES; -OR-
3.FIND THAT IT IS IN THE PUBLIC INTEREST AND WAIVE CONDITIONAL USE PERMIT, BUILDING
PERMIT AND IMPACT FEES AND APPROVE A BUDGET ADJUSTMENT USING GENERAL FUND
APPROPRIATION FOR CONTINGENCIES TO OFFSET THE IMPACT FEE WAIVER (4/5 vote
required). (Development Services)
5.04* 11:00 a.m. –Public Hearing Regarding Non-responsibility of Low Bidder and Award of Contract to
Second Lowest Bidder - The Public Works Department recently opened bids on the Module 5 Phase
A Excavation County Project No. 757-7515-01 (the "Current Project") at the Neal Road Recycling &
Waste Facility (the "Facility"). The low bidder was Nichelini General Engineering Contractors, Inc.
("Nichelini"). Nichelini recently completed work on the Modules 1 and 3 Temporary Cover Project
(the "Temporary Cover Project") at the Facility. The Department believes that Nichelini is not a
responsible bidder, based on Nichelini's poor performance during the Temporary Cover Project. As a
result, the department recommends the Board: 1) hold a hearing to determine Nichelini's non-
responsibility; 2) consider the evidence presented by the department and Nichelini regarding
whether Nichelini is a responsible bidder; 3) determine that Nichelini is not responsible and adopt
the resolution to make the required finding; and 4) award the contract for the Current Project to the
lowest responsive and responsible bidder, Wood Brothers, Inc. A memorandum more fully explaining
the basis for this recommendation is included in the staff report – action requested – 1) CONDUCT
HEARING REGARDING NON-RESPONSIBILITY OF NICHELINI GENERAL ENGINEERING CONTRACTORS,
INC.; 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 3) AWARD THE CONTRACT
FOR THE MODULE 5 PHASE A EXCAVATION COUNTY PROJECT NO. 757-7515-01 TO WOOD BROTHERS,
INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER.(Public Works/County Counsel)
MAY 19, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 14 OF 16
5.05* 1:00 p.m. - Rio d'Oro Specific Plan (SP08-0001), General Plan Amendment (GPA09-0001), Rezone
(REZ15-0002) and Final EIR - Receive the Planning Commission's April 23, 2015 recommendation to
Certify the Final Environmental Impact Report; make findings regarding significant and unavoidable
impacts; adopt a mitigation monitoring and reporting program; and approve the Rio d’Oro Specific
Plan (SP08-0001), a general plan map and text amendment (GPA09-0001) and rezone (REZ15-0002)
a portion of the plan area. The proposed Specific Plan encompasses approximately 689 acres, with
413 developed acres (including developed parkland) and 276 acres to remain in environmental
conservation and scenic open space. Proposed land uses include residential, commercial, public
facility, park and open space, and environmental conservation. Up to 2,700 residential units are
proposed at a variety of densities ranging from low density single-family residences (from 3
units/acre) to high density multi-family development (up to 30 units/acre). The site is currently
designated “Specific Plan to be Developed” in the Butte County General Plan 2030. The project site
is located within unincorporated Butte County, south of the City of Oroville and west of the
unincorporated community of Palermo, on County Assessor Parcel numbers 025-240-009, -048, -054,
-069, -075, 025-350-035, 025-360-001 and 025-370-010. The project area is generally located
between Palermo Road to the south and Ophir Road to the north and is bisected north/south by State
Route 70 (SR 70) and bounded on the west by Pacific Heights road. The proposed Specific Plan is
approximately 689 acres in size; the majority of the proposed Specific Plan is located west of SR 70.
Approximately 164 acres of the Specific Plan are located east of SR 70, just north of Palermo Road –
action requested – 1) ADOPT RESOLUTION APPROVING PROJECT AND CERTIFYING THE FINAL EIR;
AND 2) APPROVE ORDINANCE REZONING A PORTION OF APN 025-360-001 FROM AG-80 TO HIGH
DENSITY RESIDENTIAL AND VERY HIGH DENSITY RESIDENTIAL. (Development Services)
(
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
7.01ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(1) -ONE 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.
7.02INITIATION OF LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(4) - THREE POTENTIAL CASES:
A. COUNTY OF BUTTE v. AUDRIE KLEINERT (APN 035-222-046);
B. COUNTY OF BUTTE v. RONALD AND PATRICIA STILLWELL (APN 035-222-040); AND
C. COUNTY OF BUTTE v. NANCE CANYON, L.P.
MAY 19, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 15 OF 16
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 held
Diane Brown
in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. At the end
of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed as a result
Auditor-Controller*:
of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted meeting
Dave Houser
calendar for the year are available in the County Administrative Office or on the Clerk of the Board website page.
Behavioral Health:
Dorian Kittrell
Agenda Information:
Chief Administrative
The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72 hours
Officer:
before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board website.
Paul Hahn
A copy of the agenda and supporting materials provided to the Board of Supervisors members to explain each agenda
Chief Probation Officer: item (excluding documents that are not a public record within the meaning of the Public Records Act) are available
Steve Bordin
for your review at the County Administrative Office, the Chico, Oroville, and Paradise libraries (please do not remove
items from these files), and at the Clerk of the Board website. Copies of supporting materials can be made for you
Child Support Services:
at a charge to cover costs. The list of communications included with the agenda packages is not comprehensive.
Sharon A Stone
Additional communications to the Board of Supervisors may have been received but not included in the agenda
Clerk-Recorder-Registrar
supporting material. Copies of all communications received by the Board of Supervisors (excluding documents that
of Voters*:
are not a public record within the meaning of the Public Records Act) are available at the Administrative Office upon
Candace Grubbs
request. An (*) appearing before an agenda item signifies that material has been provided to the Board of
County Counsel:
Supervisors members to explain that item.
Bruce Alpert
Agenda Format and Meeting Order:
Development Services:
Tim Snellings
The agenda is usually organized into the following areas and meetings generally proceed in the following order:
1.Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the Board.
District Attorney*:
If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in the back of
Mike Ramsey
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
Employment & Social
there is anything anyone would like to remove from the Consent Agenda, stand and approach the podium and
Services:
request the item be removed. The removed items are discussed at the end of the Regular Agenda.
Cathi Grams
2.Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items
Farm, Home & 4-H Advisory:
removed from the Consent Agenda are discussed under this section.
Randall Mutters
3.Public Hearing and Timed Items:this is where items that are required by law to be heard as a public hearing are set.
This is the section where appeals before the Board are usually discussed. Hearings may start after the time listed,
Fire Chief:
but will never start before the time listed.
Greg McFadden
4.Public Comment: this is the area of the agenda where members of the audience may address the Board on any
General Services:
matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda, but
Grant Hunsicker
may respond to statements or questions and provide staff direction.
Human Resources:
5.Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances. This area of
Brian Ring
the agenda identifies those items that will be discussed during the closed session.
Information Systems:
Public Participation:
Art Robison
It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow members
Library:
of the public the opportunity to comment on all matters before the Board. Public participation is limited to matters
Melanie Lightbody
within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. The Board has
Public Health:
adopted policy and procedures to facilitate the meeting process and conduct. A complete listing of these policies and
Cathy Raevsky
procedures can be found in the printed booklet agenda, obtained at the County Administrative Office, or viewed at
the Clerk of the Board website.
Public Works:
Mike Crump
The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with special
needs should call the Clerk of the Board at 530-538-7631, Monday through Friday, 8:00 a.m. to 5:00 p.m. to request
Sheriff-Coroner*:
disability-related modifications/accommodations or to request materials in alternate formats. All requests for special
Kory Honea
accommodations and/or alternative format documents must be made 48 hours prior to the meeting.
Treasurer-Tax Collector*:
Peggy Moak For further information contact the:
Clerk of the Board of Supervisors
Water & Resource
County Administrative Office
Conservation:
25 County Center Drive, Suite 200, Oroville, CA 95965
Paul Gosselin
530-538-7631
*Elected Official
MAY 19, 2015 – BOARD OF SUPERVISORS AGENDA
PAGE 16 OF 16