HomeMy WebLinkAboutA082818 BUTTE COUNTY
/ BOARD OF SUPERVISORS MEMBERS OF THE BOARD
STEVE LAMBERT,CHAIR,DISTRICT 4
REGULAR MEETING AGENDA BILL CONNELLY,DISTRICT 1
pp 20 p LARRY WAHL,DISTRICT 2
AUGUST ,, 2018 MAUREEN KIRK,VICE CHAIR,DISTRICT 3
C A L V r 0 R N I A a DOUG TEETER,DISTRICT 5
9:00 AM
SHARI MCCRACKEN
CHIEF ADMINISTRATIVE OFFICER& MEETING LOCATION BRUCE ALPERT,COUNTY COUNSEL
CLERK OF THE BOARD BOARD OF SUPERVISORS CHAMBERS
25 COUNTY CENTER DRIVE,SUITE 205
OROVILLE,CALIFORNIA 95965-3380
1. CALL TO ORDER
Pledge of Allegiance
Observation of a Moment of Silence
2. CORRECTIONS AND/OR CHANGES TO THE AGENDA
3. CONSENT AGENDA
3.01 Resolution Authorizing the Assessor to Apply for the State Supplementation for County
Assessors' Program (SSCAP) —SSCAP was created to provide funding to assist County Assessors
in performing property assessments. Program funds are available for technological
improvements and require a local match at the rate of one local dollar for every two dollars the
County receives in program funds. The Butte County Assessor recommends applying for
$150,000 in SSCAP funding for Fiscal Year (FY) 2018-19 to support the transition to Geographic
Information Systems mapping in the Assessor's Office. County matching funds are available in
the Adopted Budget and include $65,000 in Recorder System Funds, and $10,000 in the
Assessor's Office budget—action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN. (Assessor)
3.02 Budget Adjustment for Rebudgeted Contracts and Purchase Orders - The Department of
Behavioral Health recommends a rebudget of$2,376,919 to pay for contracts or purchase orders
in FY 2018-19 — action requested — APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED).
(Behavioral Health)
3.03 Contract with Merritt Hawkins for Psychiatrist Recruitment Services - Merritt Hawkins is a
physician-recruiting firm that specializes in recruiting and placing physicians in permanent
positions. The Department of Behavioral Health recommends entering into a contract with
Merritt Hawkins for psychiatrist recruitment services for the Medical Director position.The term
of the contract is the date of execution through June 30, 2019, not-to-exceed $41,000—action
requested—APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 28,2018
3.04 Resolution Approving Submission of an Application for the Homeless Mentally III Outreach and
Treatment (HMIOT) Grant-The California Department of Health Care Services (DHCS) has made
available approximately $50 million for HMIOT. HMIOT will provide one-time funding for
counties to assist individuals with serious mental illness who are homeless or at risk of becoming
homeless. If awarded, the Department of Behavioral Health would receive $554,000 in grant
funds. The Department recommends adopting a resolution approving submission of an
application for the HMIOT grant, authorizing the Department to sign the application, and
designating the Director of Behavioral Health as the single point of contact for DHCS and the
HMIOT allocation — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (Behavioral Health)
3.05 Contract Amendment with Cell Staff, LLC (Cell Staff) for Locum Nursing Services - Cell Staff is a
recruiting agency that provides medical and mental health practitioners including nurses and
therapists for placement at hospitals and clinics on a short-term basis. Due to the shortage and
frequent turnover of these clinical positions, the Department of Behavioral Health utilizes
recruiting agencies on an as-needed basis. This contract allows placement of short-term
therapists within the County's inpatient psychiatric health facility.The Department recommends
amending the contract with Cell Staff to cover projected expenses for FY 2018-19 for medical
and mental health practitioners, including nurses and therapists.The amendment increases the
maximum payable amount by $100,000, not-to-exceed $301,000. All other terms remain the
same—action requested —APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Behavioral Health)
3.06 Agreement Amendment with Restpadd Red Bluff PHF (Restpadd) for Inpatient Hospitalizations
Restpadd operates a licensed 16-bed acute care psychiatric inpatient treatment facility, serving
both youth and adults. Restpadd provides multi-disciplinary evaluation, treatment, rapid
stabilization, and coordinated discharge planning that encourages wellness and recovery. The
Department of Behavioral Health recommends amending the agreement with Restpadd to cover
an unanticipated increase in client placements.The amendment increases the maximum payable
amount by $86,920, not-to-exceed $235,320. All other terms remain the same — action
requested — APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Behavioral Health)
3.07 Approval of Minutes for Board of Supervisors Meeting-Submitted for approval are the minutes
for the August 14, 2018 Board of Supervisors regular meeting — action requested - APPROVE
BOARD MINUTES FOR AUGUST 14, 2018 AND AUTHORIZE THE CHAIR TO SIGN. (County
Administration)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 28,2018
3.08 Distribution of Excess Proceeds from the Sale of Tax-Defaulted Property - Amended
Recommendation - In June 2016, the Treasurer-Tax Collector sold various parcels of tax-
defaulted property, and claims for excess proceeds were reviewed by the County Counsel's
Office and approved by the Board of Supervisors on October 24, 2017. In January 2018, the
County discovered that one timely claim was received but misplaced and not considered for
review as part of the claims review process. In response,the County Counsel's Office suspended
payment on the parcel in question (Assessor's Parcel Number 018-440-056-000; the excess
proceeds total $50,372.30) and asked the two claimants for additional information given that
the parcel in question was involved in a bankruptcy case. The two claimants are the Bankruptcy
Estate (John Reger, Trustee) and a lien holder of record (Global Discoveries, LTD,) and they
disagreed as to the effect of the bankruptcy case on their respective rights to the excess
proceeds. In order to resolve the two competing claims and avoid litigation,the claimants agreed
to enter into a settlement agreement for consideration by the bankruptcy court through which
the excess proceeds will be paid to the Bankruptcy Estate.The Estate will retain$7,500 and then
pay $42,872.30 to the lien holder. The settlement agreement was approved by the bankruptcy
court on August 1, 2018. Given the above, the County Counsel's Office recommends that the
Board of Supervisors amend its original approval on October 24, 2017, as to this one parcel, and
approve distribution of the excess proceeds as detailed in the settlement agreement — action
requested -ADOPT THE AMENDED RECOMMENDATION OF THE COUNTY COUNSEL REGARDING
ASSESSOR'S PARCEL NUMBER 018-440-056-000. (County Counsel)
3.09 Real Estate Fraud Annual Report for FY 2017-18 - Pursuant to California Government Code
section 27388, and Board of Supervisors Resolution No. 08-156, a fee is paid at the time of
recording certain real estate documents for the purpose of providing funds for the District
Attorney's Real Estate Fraud Prosecution Program which deters, investigates, and prosecutes
real estate fraud.The District Attorney submits its report regarding the effectiveness of the Real
Estate Fraud Investigation and Prosecution Program for FY 2017-18 to the Board of Supervisors
—action requested -ACCEPT FOR INFORMATION. (District Attorney)
3.10 Budget Adjustment and Contracts with LD Strobel, Inc.and Holdrege and Kull for Construction of
the Communications Tower at 479 East Park Avenue in Chico -The County is in the process of
replacing the communications tower located at 479 East Park Avenue in Chico.The existing tower
is essential to the County's radio communication system and cannot be repaired. Following
formal solicitation, the lowest and only responsive bidder for the construction of the
communications tower was Bay Area based LD Strobel, Inc. The General Services Department
recommends entering into a contract with LD Strobel, Inc. for construction of the replacement
tower.The term of the contract is from August 28, 2018 to 190 days following Notice to Proceed,
not-to-exceed$594,738. In addition,the Department recommends entering into a contract with
Chico based Holdrege and Kull to provide the County with special inspections and technical
project management services during construction of the tower. The term of the Holdrege and
Kull contract is from Notice to Proceed to 190 day following Notice to Proceed, not-to-exceed
$24,500. The County budget estimate for the project was developed approximately three Years
ago and is not sufficient to complete the project. Therefore, the Department also recommends
a $290,000 budget adjustment from General Fund contingencies to the Capital Project Fund so
the work can be completed—action requested—1)APPROVE BOTH CONTRACTS AND AUTHORIZE
THE CHAIR TO SIGN; 2)APPROVE BUDGET ADJUSTMENT FROM GENERAL FUND CONTINGENCIES
INCLUDING INCREASING CAPITAL ASSET AUTHORITY BY $290,000 FOR THE PROJECT (4/5 VOTE
REQUIRED); AND 3) APPOINT THE DIRECTOR OF GENERAL SERVICES AS THE OFFICER OF THE
PROJECT. (General Services)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 28,2018
3.11 Contract with Pace Engineering, Inc. for Design Services for the Department of Behavioral
Health's Server Room - In 2018, the Department of Behavioral Health relocated administrative
staff to La Dolce Plaza at 3211 Cohasset Road in Chico.The next phase of the project is to relocate
server and other related information systems equipment to the new office.The General Services
Department recommends entering into a contract with Pace Engineering Inc., a Redding based
engineering firm, to design the new server room so the improvement plans can be put out to
bid.The term of the contract is from Notice to Proceed to June 30, 2019, not-to-exceed$47,700.
Funding is included in the budget and no additional appropriations are necessary — action
requested -APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (General Services)
3.12 Resolutions Honoring Butte County Employees for Dedicated Years of Service — Each year, the
Board of Supervisors recognizes employees who have reached service increments of 30, 35, 40,
and 45 years of continuous service to Butte County for dedicated years of service. For 2018, the
County recognizes Wayne Brandt, Michael Hannah, Annette O'Hair, and Dan Mastelotto for 30
years of service, and Michael Ramsey for 40 years of service — action requested — ADOPT
RESOLUTIONS (5) AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
3.13 Resolution to Amend the Salary Ordinance-The Department of Human Resources has prepared
a resolution to amend the Salary Ordinance. The following are the sections of the Salary
Ordinance to be amended:
• AUDITOR-CONTROLLER'S OFFICE: Add 1 term Accounting Specialist (term position to end
March 1, 2019)to backfill an employee on a long-term leave in order to manage operational
needs of the department.Total allocations will be increased by 1.There will be no impact on
the General Fund budget.
• DEPARTMENT OF BEHAVIORAL HEALTH: Delete 1 flexibly staffed Accounting
Specialist/Account Clerk, Senior/Account Clerk and add 1 Personnel Operations Specialist
and 1 flexibly staffed Behavioral Health Education Specialist. These changes will better suit
the needs of the Department and result in a salary and benefits cost increase that are
covered within the FY 2018-19 budget. Total allocations will remain unchanged. There will
be no impact on the General Fund budget.
• CLERK-RECORDER'S OFFICE: Delete 1 Administrative Assistant, Senior and add 1 flexibly
staffed Administrative Analyst.This change will better suit the needs of the Department.Add
1 Project Manager, Clerk-Recorder/Elections to assist with the growing complexity of the
elections processes. There will be an internal promotional recruitment for this position and
the resulting vacancy will be deleted at a future Board of Supervisors meeting.The increased
cost of the positions will be funded by existing appropriations. Total allocations will be
temporarily increased by 1.There will be no impact on the General Fund budget.
• DEPARTMENT OF HUMAN RESOURCES: Amend section 28, reference E of Salary Ordinance
No.4133 entitled "Butte County Management and Supervisory Unit"to add the classification
of Health Assessment Planning and Equity Coordinator. The applicable employee group has
agreed to these changes.
• COUNTY LIBRARY: Add a .50 term Library Assistant, Senior (position to end October 30,
2019). This position is funded by the Library Services and Technology Act grant. Add .25 to
an existing .50 Financial Technician position. This change will better align with the hours
worked. Total allocations will be increased by .75. There will be no impact on the General
Fund budget.
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—AUGUST 28,2018
• PUBLIC HEALTH DEPARTMENT: Add 1 Health Assessment, Planning and Equity Coordinator,
and delete 1 vacant flexibly staffed Administrative Analyst. This change better meets the
current and future needs of the Department.Total allocations will remain unchanged.There
will be no impact on the General Fund budget.
• DEPARTMENT OF PUBLIC WORKS: Delete 1 flexibly staffed Heavy Equipment Mechanic, 1
Parts Supply Clerk, 1 flexibly staffed Office Specialist, 1 flexibly staffed Engineering Aide, and
1 Survey Party Chief. These positions are no longer needed. Total allocations will be
decreased by 5.There will be no impact on the General Fund budget.
• SHERIFF'S OFFICE: Delete 1 Deputy Sheriff. An internal promotional recruitment was
conducted and the Department requests to delete the resulting vacancy. Total allocations
will be decreased by 1.There will be no impact on the General Fund budget.
Action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human
Resources)
3.14 Approval of the Butte County Cafeteria Plan Document and Accompanying Side Letter
Agreements and Resolutions - Butte County provides various benefits to its regular help
employees working 20 hours or more per week. Such benefits are part of a "cafeteria plan"that
include medical, dental, vision, life insurance, etc. A cafeteria plan is a separate written plan
maintained by the County for employees that meet the specific requirements and regulations of
Internal Revenue Code section 125. It provides participants an opportunity to receive certain
benefits on a pretax basis. The County recently reviewed and updated its summary plan
document to comply with various regulations provided for in Internal Revenue Code section 125.
The changes to the document are effective as of January 1, 2018. The changes to the cafeteria
plan require modifications to all memoranda of understanding and resolutions that are currently
in place with each employee group. The County has met and discussed these impacts with all
employee groups, and has side letters and resolutions authorizing the changes.The Department
of Human Resources recommends approving and adopting the side letters and resolutions —
action requested—1)APPROVE THE PLAN DOCUMENT AND SUMMARY PLAN DESCRIPTION AND
AUTHORIZETHE CHAIR TO SIGN;2)APPROVE THE SIDE LETTER AGREEMENTS(9)AND AUTHORIZE
THE CHAIR TO SIGN; AND 3) ADOPT RESOLUTIONS (6) AND AUTHORIZE THE CHAIR TO SIGN.
(Human Resources)
3.15 Resolution Authorizing the Human Resources Director to Sign Benefit Related Documents for the
2019 Plan Year-The County offers a variety of benefits to its regular help employees, including
medical, dental, vision, life insurance, long term disability, flexible/dependent spending
accounts, etc.Various plan related documents must be reviewed and signed prior to the start of
each plan year. The Department of Human Resources recommends adopting a resolution
authorizing the Director of Human Resources to sign various plan documents related to the 2019
plan year. An update on the benefits for 2019 are as follows: 1) CalPERS medical plan rates for
2019 in the Butte County region will see the following changes: PERS Choice 6.51% increase;
PERS Select 26.08% decrease; PERS Care 25.25% increase and HMO 9.21% increase; 2) Due to
higher employee and dependent utilization, Delta Dental 2019 rates will increase by
approximately 8% compared to the 2018 rates, and requires the County to sign an amendment
reflecting the new rates; and 3)The County's rates for vision, life insurance, long term disability,
and flexible spending will remain the same as they were in 2018 — action requested — ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 28,2018
3.16 Budget Adjustment for the Federal Library Services and Technology Act Grant - The California
State Library has awarded $93,654 in federal Library Services and Technology Act grants to the
Butte County Library. The grant will allow Library Department staff to assist patrons to improve
English skills, initiate the naturalization process, and study for their citizenship test. While this
grant award is only for FY 2018-19, it can be renewed yearly for up to five Years.The Department
recommends approval of a budget adjustment funds — action requested — APPROVE BUDGET
ADJUSTMENT(4/5 VOTE REQUIRED). (Library)
3.17 Contract with Crown Metals, LLC for Metal Recycling Services at the Neal Road Recycling and
Waste Facility(NRRWF)-The NRRWF receives over 250 appliances per month that contain either
Freon or compressor oil. The Department of Public Works released an invitation for bid on JuIY
18, 2018 to address the removal of whole appliance units from NRRWF for off-site processing
and to establish a per-ton price for scrap metal. The Department conducted a bid opening on
August 8, 2018 and received four bids.Three of the bids were rejected as being non-responsive.
Crown Metals, LLC of Oroville provided the lowest responsive bid at an estimated annual cost of
$58,857.The Department will not receive any payment for the value of the scrap metal.The term
of the contract is August 28, 2018 through August 28, 2021, not-to-exceed $200,000 — action
requested -APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
3.18 Agreement and Certification with the U.S. Department of Justice for Federal Equitable Sharing
Program - The Sheriff's Office participates in the Federal Equitable Sharing Program, which is
designed to supplement and enhance local agency resources from the proceeds of forfeited
assets.An Equitable Sharing Agreement and Certification is required annually to be filed with the
U.S. Department of Justice. The report for FY 2017-18 has been prepared and summarizes
program revenues and expenditures. In FY 2017-18, funds were used to finance a portion of the
Computer Aided Dispatch / Records Management System, supplies for the SWAT Team,
equipment for the Counter-drug Unit, helicopter maintenance; as well as partial funding for a 4-
wheel drive vehicle, and the Investigations Unit remodel. The Department received $19,950 as
new revenue, and a total of $636,025 was expended — action requested - APPROVE THE
EQUITABLE SHARING AGREEMENT AND CERTIFICATION AND AUTHORIZE ELECTRONIC
SUBMISSION. (Sheriff-Coroner)
3.19 Capital Asset Surplus - The Sheriff's Office recommends that the Board of Supervisors declare
three capital asset items surplus and remove them from the County's Capital Assets Certified
Ledger. In 2008, the Department contracted to use Crime View, a software system provided by
the Omega Group. The Department no longer uses Crime View, and recommends removing
capital assets, a desktop enhancement, from the County ledger. In 2004, the Department
acquired a "Fit Testing Respirator"for evaluating respirators used by the Department.The asset
is no longer needed,and the Department recommends removing the asset from Sheriff inventory
— action requested — DECLARE CAPITAL ASSET ITEMS (3) SURPLUS TO THE NEEDS OF THE
COUNTY. (Sheriff-Coroner)
3.20 Agreement with Sacramento County for Forensic Services - The Sheriff's Office recommends
entering into an agreement for pathology and mortuary services with the County of Sacramento
when the local forensic pathologist is unavailable. The term of the agreement is JuIY 1, 2018
through June 30, 2021, not-to-exceed$200,000—action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Sheriff-Coroner)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 28,2018
3.21 Revenue Memorandum of Understanding (MOU) with Oroville Union High School for School
Resource Deputy Sheriff-The Sheriff's Office recommends entering into an revenue MOU with
Oroville Union High School District for School Resource Deputy services.The Sheriff's Office will
provide a full-time deputy sheriff at the campuses of Las Plumas High School and Prospect
Community Day School in order to coordinate enforcement of truancy, vandalism, narcotics,
fighting, and reckless driving, and to provide school staff training.The term of the MOU is August
13, 2018 through June 7, 2019, not-to-exceed $140,230 — action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff-Coroner)
3.22 Contracts with Brusie Funeral Home, Newton Bracewell Funeral Homes, Paradise Chapel of the
Pines, Ramsey Funeral Home, and Rose Chapel for Morgue Services - The Sheriff's Office
recommends entering into contracts with Brusie Funeral Home, Newton Bracewell Funeral
Homes, Paradise Chapel of the Pines, Ramsey Funeral Home, and Rose Chapel for morgue
services.As Butte County lacks a county morgue facility,the Sheriff's Office contracts for morgue
services from local mortuaries within the County. The Sheriff's Office practices inclusionary
sourcing, allowing any local mortuary within the County capable of providing services to enter
into a contract. These five mortuaries provide the Sheriff's Office services of body retrieval,
transport, and storage, and a specialized room for autopsies performed by the County's
pathologist.The term of each contract is July 1, 2018 through June 30, 2021, in the following not-
to-exceed amounts: $84,845 for Brusie Funeral Home; $102,422 for Newton Bracewell Funeral
Homes; $31,215 for Paradise Chapel of the Pines; $105,000 for Ramsey Funeral Home; and
$48,000 for Rose Chapel. Mortuaries serving the same county geographic areas are on a rotating
on-call basis to allow equal business opportunity and service obligation for all mortuaries—action
requested -APPROVE CONTRACTS(5) AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff-Coroner)
3.23 Resolution in Support of Butte Environmental Council's (BEC) Involvement in the Sustainable
Groundwater Management Act-On June 26, 2018,the Board of Supervisors adopted Resolution
No. 18-096, which supported BEC's involvement in the Sustainable Groundwater Management
Act. The resolution submitted to the Board of Supervisors by the Department of Water and
Resource Conservation was not the correct version. The previous resolution inadvertently left
out the reference that BEC will participate in the process as a representative for the environment
at large. The proposed resolution also includes additional language to clarify collaboration
between the County and BEC related to the governance structure —action requested —ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation)
3.24 Resolution Opposing the Water Supply and Water Quality Act of 2018 (Proposition 3)
Proposition 3 is a voter initiative water bond on the November 2018 California General Election
ballot. The bond will invest $8.877 billion in California water infrastructure, including safe
drinking water, Sustainable Groundwater Management Act implementation, watershed
restoration, fish and wildlife habitat conservation, infrastructure repair, and other water
management programs. Proposition 3 has received support from conservation, agriculture,
environmental justice, and water and civic organizations including the Rural County
Representatives of California,and the Northern California Water Association. On August 1, 2018,
the Butte County Water Commission voted unanimously to oppose Proposition 3 and
recommends the Butte County Board of Supervisors oppose Proposition 3.The primary reasons
cited for opposition are the prohibition of funds for water storage, increased State debt
obligations, earmarked funding for projects outside of the region, and uncompensated land
conservation and flood management projects — action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—AUGUST 28,2018
3.25 Resolution Recognizing the Annual Court Appointed Special Advocate (CASA) Superhero Run on
September 15, 2018 -The CASA support agency has put together a fundraiser for the benefit of
the CASA program by sponsoring a Little Heroes Dash,5K run/walk and 10K CASA Superhero Run
event on Saturday, September 15, 2018, in Bidwell Park. More information can be found at
www.run4casa.com — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (Other—CASA Superhero Run)
4. REGULAR AGENDA
4.01 Items Removed from the Consent Agenda for Board Consideration and Action
4.02 Boards, Commissions, and Committees
(List available at_http://www.buttecounty.net/clerl<oftheboard/A ppointmentsList.aspx)
A. Appointments to Listed Vacancies
B. Board Member/Committee Reports and Board Member Comments
(Pursuant to California State law,the Board is prohibited from taking action on any item not listed on the agenda)
4.03 Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer
A. Information Regarding Regulation of Industrial Hemp - At the August 14, 2018 Board of
Supervisors Meeting, the Board requested that staff provide clarification whether County
Code Chapters 34A and 34C apply to industrial hemp. Chapter 34A regulates medical
marijuana cultivation and Chapter 34C regulates nonmedical marijuana cultivation; both
Chapters prohibit commercial marijuana activities in the unincorporated area. Industrial
hemp is exempt from both Chapters, per the State definition of cannabis (which is the
definition the County uses for marijuana/cannabis). Chapters 34A and 34C are land use
regulations regarding marijuana and do not address criminal activities. Industrial hemp is
defined under the California Health and Safety Code section 11018.5 and regulated by the
California Department of Food and Agriculture. At this time, industrial hemp is not allowed
under State law except for research purposes by "an established agricultural research
institution or a registered seed breeder developing a new California seed cultivar."The State
has indicated that it will provide regulations and guidance by the beginning of 2019 that will
allow industrial hemp to be grown in California, and that industrial hemp will be regulated
and permitted through local Agricultural Commissioners, as are other agricultural crops.
Industrial hemp is currently classified as a Schedule I drug under the federal Controlled
Substances Act—action requested -ACCEPT FOR INFORMATION. (County Administration)
Page 8
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 28,2018
4.04 Contracts with McCarthy Building Companies, Inc. for Design-Build Services for Butte County Jail
and Evidence Storage and Morgue Projects -The County plans to construct a jail expansion and
a new evidence storage and morgue facility.The$44.445 million Jail Expansion project is funded
with $40 million in Senate Bill 863(Adult Local Criminal Justice Facility)funds, and$4.445 million
in County match funds. The $8.4 million Evidence Storage and Morgue will be financed by the
County. Both projects will utilize the design-build project delivery method where a single
contractor is responsible for both the design and construction of the facilities. Following a
competitive process, the Sheriff's Office and the Department of General Services recommend
entering into a contract with McCarthy Building Companies, Inc., a national construction firm
with an office in Roseville, for design-build services for both projects. The term of the jail
expansion contract is approximately three Years from Notice to Proceed with a fixed cost of
$3,304,000 for the design work. The term of the Evidence Storage and Morgue contract is
approximately two Years from Notice to Proceed with a fixed cost of $770,000 for the design
work.Once the designs are completed,staff will return to the Board of Supervisors with contract
amendments for a guaranteed maximum price to complete the construction. Upon execution of
the contracts by the Board, staff intends to issue the Notice to Proceed for the evidence storage
and morgue facility immediately, but will not issue the Notice to Proceed for the jail expansion
until approval to proceed is received from the State.Staff also recommends a budget adjustment
of$300,000 from the Criminal Justice Facilities Construction fund for the Evidence Storage and
Morgue project— action requested — 1) APPROVE CONTRACTS (2) AND AUTHORIZE THE CHAIR
TO SIGN; 2) APPROVE BUDGET ADJUSTMENT, INCLUDING INCREASING CAPITAL ASSET
AUTHORITY BY $300,000 FOR THE EVIDENCE STORAGE AND MORGUE PROJECT (4/5 VOTE
REQUIRED); AND 3) APPOINT THE GENERAL SERVICES DIRECTOR AS THE OFFICER OF BOTH
PROJECTS. (General Services/Sheriff-Coroner)
4.05 Request for Board Direction on Minor Zoning Ordinance Amendments for Large Child Day Care
Facilities-The Department of Development Services requests the Board of Supervisors direct an
amendment to the Zoning Ordinance in order to eliminate a development standard for large
child day care facilities. This development standard requires facilities to have frontage on, and
access off, a paved road, or the construction of the appropriate road standard if the road is not
currently paved. This standard has proved onerous to one facility operator whose facility is
located on a gravel road. Based upon the low amount of additional impact posed by a large child
day care facility, and that there are no other County requirements that would require this
standard, staff recommends the removal of the standard through an amendment to the Zoning
Ordinance. After receiving direction from the Board, staff will initiate the amendment process
and hold public hearings at the Planning Commission, and return to the Board of Supervisors for
final consideration and approval. Amendments such as this one will be processed as a package
with other items to be efficient with staff resources, environmental review, and the public
hearing process when it is feasible — action requested — PROVIDE DIRECTION TO STAFF.
(Development Services)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—AUGUST 28,2018
5. PUBLIC HEARINGS AND TIMED ITEMS
5.01 10:00 am—Appeal of Planning Commission's Denial of Administrative Permit ADM18-0022 -An
appeal of the Planning Commission's August 9, 2018 denial of Administrative Permit ADM18-
0022 was filed by the project applicant, James Corey. Administrative Permit, ADM18-0022, is a
request for a fence up to eight feet in height along the east (side) property line of a 1.12 acre
parcel in the RR-5 (Rural Residential - 5-acre minimum) zone and located at 197 Little Avenue,
130 feet east of the intersection of Little Avenue and Vermont Street, south of the Gridley city
limits.The fence is constructed of corrugated sheet metal with wooden posts and framing. Butte
County Zoning Code section 24-60(A.)(1.) states "Fences and walls shall not be constructed of
inappropriate materials such as sheet metal,vehicles, underground/above-ground tanks,garage
doors, aluminum siding, corrugated tin, non-constructed or dumped piles of rock, soil or debris,
and other similar materials not specifically designed for use as fencing." In the appeal, Mr. Corey
states that he relied on the direction and guidance of Planning Division staff for both the
materials and additional height. On a 3-1 vote, the Planning Commission denied ADM18-0022
finding the fence as constructed did not meet the requirements of Butte County Code section
24-60(A.)(1.). The Administrative Permit is considered ministerial, exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to section 15268 of
the CEQA Guidelines — action requested - ADOPT RESOLUTION DENYING THE APPEAL AND
AUTHORIZE THE CHAIR TO SIGN. (Development Services)
5.02 11:00 am -Special District Information for Fire Protection Services-As a follow-up to discussions
held by the Board of Supervisors in January 2018 regarding provision of fire protection services,
a workshop will be held to further explore details of special districts as options for governance
and funding for services. During earlier discussions,the Board voted to continue contracting with
CAL FIRE for the provision of fire and emergency response services, including funding Amador
("winter") stations in six of the County's unincorporated communities. Additionally, the Board
directed staff to return with details on county service areas and dependent fire districts. The
workshop is to explore these two methods to fund and provide fire services. In general,the Board
has two options: 1) address potential funding shortfalls during the annual budget process or 2)
change the governance and/or funding structure to provide for supplemental funding.
Underlying assumptions of the discussion include: 1)the options allow for continued contracting
with CAL FIRE; 2) under either of the options, the County will continue to fund some level of
service from discretionary revenue; and 3) any option can include incorporated jurisdictions —
action requested—PROVIDE DIRECTION TO STAFF. (County Administration)
6. BOARD OF SUPERVISORS PUBLIC COMMENT
Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five
minutes. Please note that pursuant to California State law, the Board of Supervisors is prohibited from
taking action on any item not listed on the agenda.
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-AUGUST 28,2018
7. BOARD OF SUPERVISORS CLOSED SESSION
7.01 Public Employee Employment, Appointment, Recruitment, Performance Evaluations, Including
Goals, Pursuant to Government Code Section 54957:
1. Agricultural Commissioner
2. Behavioral Health Director
3. Chief Administrative Officer
4. Chief Probation Officer
5. Child Support Services Director
6. County Counsel
7. Development Services Director
8. Employment and Social Services Director
9. Human Resources Director
10. Information Services Director
11. Library Director
12. Public Health Director
13. Public Works Director
14. Water and Resources Conservation Director
7.02 Actual Litigation Pursuant to Government Code Section 54956.9(d)(1):
1. Kimberly Lamb v. Butte County; Workers' Compensation Appeals Board Case No.
ADJ9200959 (Claim Number: BUAI-549825)
7.03 Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2):
One potential case.
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Butte County Information and Procedures Concerning the Agenda and
Department Heads Board of Supervisors Meetings
Agricultural
Commissioner:
Luis Mendoza Meeting Information:
Assessor*: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m.and are
Diane Brown held in the Board of Supervisors Chambers,County Administration Building,25 County Center Drive,Oroville. At
the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed
Auditor-Controller*: as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted
Dave Houser meeting calendar for the year are available in the County Administrative Office or on the Clerk of the Board
Behavioral Health: website page
Dorian Kittrell
Agenda Information:
Chief Administrative
Officer: The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72
Shari McCracken hours before each meeting,and is available by mail subscription,e-mail subscription,or at the Clerk of the Board
website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to
Chief Probation Officer:
Steve Bordin explain each agenda item (excluding documents that are not a public record within the meaning of the Public
Records Act)are available for your review at the County Administrative Office,the Chico,Oroville,and Paradise
Child Support Services: libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies of
Sean Farrell supporting materials can be made for you at a charge to cover costs. The list of communications included with
Clerk-Recorder-Registrar the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have
of Voters*: been received but not included in the agenda supporting material. Copies of all communications received by the
Candace Grubbs Board of Supervisors(excluding documents that are not a public record within the meaning of the Public Records
Act)are available at the Administrative Office upon request.
County Counsel:
Bruce Alpert Agenda Format and Meeting Order:
Development Services: The agenda is usually organized into the following areas and meetings generally proceed in the following order:
Tim Snellings 1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the
District Attorney*: Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in
Mike Ramsey the back of the board room)and give it to the Clerk of the Board (sitting to the right of the Board)or,when the
Chair asks if there is anything anyone would like to remove from the Consent Agenda,stand and approach the
Employment&Social podium and request the item be removed. The removed items are discussed at the end of the Regular Agenda.
Services:
Shelby Boston 2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items
removed from the Consent Agenda are discussed under this section.
Fire Chief: 3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are
Darren Read set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time
General Services: listed,but will never start before the time listed.
Grant Hunsicker 4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any
matter not listed on the agenda. The Board,by law,cannot take action on any matter not listed on the agenda,
Human Resources: but may respond to statements or questions and provide staff direction.
Pamela Knorr 5. Closed Session: the Board is authorized,by law,to meet in a closed session in certain circumstances. This area
Information Systems: of the agenda identifies those items that will be discussed during the closed session.
Art Robison
Public Participation:
Library:
Melanie Lightbody It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow
members of the public the opportunity to comment on all matters before the Board. Public participation is limited
Public Health: to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3.
Cathy Raevsky The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing
Public Works: of these policies and procedures can be found in the printed booklet agenda, obtained at the County
Dennis Schmidt Administrative Office,or viewed at the Clerk of the Board website.
Sheriff-Coroner*: The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with
Kory Honea 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.
Treasurer-Tax Collector*: to request disability-related modifications/accommodations or to request materials in alternate formats. All
Peggy Moak requests for special accommodations and/or alternative format documents must be made 48 hours prior to the
UC Cooperative Extension meeting.
Program Advisor: For further information contact the:
Emily Symmes
Clerk of the Board of Supervisors
Water&Resource County Administration Office
Conservation: 25 County Center Drive,Suite 200,Oroville,CA 95965
Paul Gosselin 530-552-3300
*Elected Official
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