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BUTTECOUNTY
MEMBERS OF THE BOARD
BOARDOFSUPERVISORS
BILL CONNELLY, DISTRICT 1
LARRY WAHL, DISTRICT 2
RMA
EGULAR EETING GENDA
MAUREEN KIRK, DISTRICT 3
SEPTEMBER15,2015
STEVE LAMBERT, DISTRICT 4
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* Adoption of Tax Rates for Fiscal Year (FY) 2015-16- In accordance with Government Code Section
29100, state law requires the Board of Supervisors to adopt rates of taxes on the Secured Roll by
resolution, not later than October 3 of each year - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Auditor-Controller)
3.02* Budget Adjustment - On May 5, 2015, the Board of Supervisors was presented with the Financial
System Implementation Update. The department informed the Board that staff would be returning
after FY 2014-15 cash closed, in order to move restricted cash from the old financial structure to
the new financial structure in the County's financial system. The proposed budget adjustments,
totaling approximately $52 million, allow for the cash movement to new funds, with no net effect
to the County that will provide for improved transparency and more efficient tracking of restricted
revenues administered by various County departments. Summary totals for each fund from which
restricted cash will be transferred are as follows: General Fund - $20,485,695; Social Services Fund
- $4,036,483; Public Health Fund - $1,175,433; Behavioral Health Fund - $894,019; Impact Fees
Fund - $8,184,378; Debt Service Fund - $9,207,621; Capital Project Fund - $3,331,077; Equipment
Replacement Fund - $3,449,790; and Support Services Equipment Replacement Fund - $1,187,035 -
action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Auditor-Controller)
3.03* County Service Area and Permanent Road Division Charges for FY 2015-16 - In accordance with
Government Code Section 25215.5, state law requires the Board of Supervisors to approve per
parcel charges and adopt a resolution confirming County Service Area and Permanent Road
Division per parcel charges in the County of Butte for FY 2015-16. Per requests from the Board of
Supervisors, per parcel charges by District are provided for information - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Auditor-Controller)
SEPTEMBER 15, 2015 –BOARD OF SUPERVISORS AGENDA
PAGE 1 OF 14
3.04* Surplus Capital Assets and Relief of Accountability - The Auditor-Controller's Office requests the
Board of Supervisors approve the surplus/disposal list of capital assets for various departments.
The assets are no longer useful to the departments in any capacity and have been disposed of in
one of the following manners: 1) in the process of surplus; 2) sold/donated/disposed; 3)
broken/destroyed; 4) dismantled; or 5) with lapse of subscription/replaced by new software. The
Human Resources Department and the Information Systems Department had assets that were sent
to surplus without documentation, and the Fire Department lost two assets. Per an Internal
Auditor’s investigation in Human Resources and Information Systems, and a District Attorney's
investigation in Fire, there was no evidence showing the incidents were resultsof fraud or gross
negligence. The Board is requested to grant relief of accountability to the Fire Department for the
two lost assets – action requested – 1) APPROVE CAPITAL ASSET ITEMS SURPLUS/DISPOSAL; 2)
DIRECT THE ITEMS TO BE REMOVED FROM THE CAPITAL ASSET INVENTORY LIST; AND 3) APPROVE
RELIEF OF ACCOUNTABILITY FOR FIRE DEPARTMENT FOR TWO LOST ITEMS. (Auditor-Controller)
3.05* Agreement with Odyssey Productions, Inc.(Odyssey)-Odyssey is an organization providing
leadership development and team-building services since 1991. These services include team
events, keynote speakers, and ropes course events to promote growth and cohesiveness in group
settings. Approval is requested for an agreement with Odyssey to provide keynote addresses and
workshops at the Youth Development Summit, in addition to six ropes course events. These
services are in support of the department's prevention program. The term of this agreement will
be September 16, 2015 through June 30, 2016. The maximum financial obligation under this
agreement shall not exceed $25,344 – action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
(BehavioralHealth)
3.06* Special District - Appointment of Insufficient Nominee in Lieu of Election -Under provisions of the
Uniform District Election Law, California Elections Code Section 10500 et al., requires a General
District Election to be held on November 3, 2015, for the purpose of electing Directors to various
special district boards, whose terms of office expire on December 4, 2015. An election is held
when the number of qualified candidates exceed the number of positions that have terms expiring,
or when a petition is filed requesting that an election be held (no petition was filed). In a district
where no one filed a declaration of candidacy for an office, California Elections Code Section 10515
(b), provides the Board of Supervisors appoint any qualified person, rather than requiring an
election. The person appointed shall take office at noon on December 4, 2015, and serve exactly
as if elected. The County Clerk-Recorder/Registrar of Voters submits the Certificate of Facts-
Appointment of Insufficient Nominees for one position on the Berry Creek Community Services
District Board of Directors and requests the Board of Supervisors appoint any qualified person to
the office, no later than November 24, 2015. In the event the Board of Supervisors fail to make said
appointment by November 24, 2015, a vacancy will occur, and the District shall fill that vacancy.
The Clerk of the Board will issue the Certificate of Appointment and Oath of Office document to
the appointee – action requested - APPOINT ANY QUALIFIED PERSON TO THE OFFICE, AS
INDICATED ON THE CERTIFICATE OF FACTS-INSUFFICIENT NOMINEES, ON OR BEFORE NOVEMBER
24, 2015.(Clerk-Recorder)
SEPTEMBER 15, 2015 –BOARD OF SUPERVISORS AGENDA
PAGE 2 OF 14
3.07* Various Special Districts - Appointment of Nominees in Lieu of Election - Under provisions of the
Uniform District Election Law, California Elections Code Section 10500 et al., requires a General
District Election to be held on November 3, 2015, for the purpose of electing Directors to various
special district boards, whose terms of office expire on December 4, 2015. An election is held when
the number of qualified candidates exceed the number of positions that have terms expiring, or
when a petition is filed requesting that an election be held (no petition was filed). In the districts
where candidates filed a declaration for an office that did not exceed the number of positions to
be filled, California Elections Code Section 10515 (a), provides that the Board of Supervisors
appoint the nominees who filed, rather than requiring an election. Nominees who are appointed
will take office at noon on December 4, 2015, and serve exactly as if elected. The County Clerk-
Recorder/Registrar of Voters submits the Certificate of Facts-Appointment of Nominees included in
the staff report and requests that the Board of Supervisors appoint the nominees as listed in the
staff report for the following: Berry Creek Community Services District, Buzztail Community
Services District, Richardson Springs Community Services District, and Richvale Sanitary District.
After the appointment is made, the County Clerk-Recorder/Registrar of Voters will issue the
Certificate of Appointment in Lieu of Election and Oath of Office document to each appointee –
action requested - APPOINT THE NOMINEES LISTED ON THE CERTIFICATE OF FACTS, TO THE OFFICE
OF DIRECTOR IN THE VARIOUS SPECIAL DISTRICTS. (Clerk-Recorder)
3.08* Resolution Recognizing September 14-25, 2015 as California High School Voter Education Weeks-
The California Education Code designates the last two full weeks in September as High School
Voter Education Weeks. This provides an opportunity for high schools and their students to partner
with county elections officials to promote civic education and participation on campus and foster
an environment that cultivates lifelong voters and active citizens. The Butte County Clerk-Recorder
is partnering with the Butte County League of Women Voters and the Butte County
Superintendent of Schools in this endeavor. The County Clerk-Recorder requests the Board of
Supervisors adopt a resolution proclaiming September 14-25, 2015 as California High School Voter
Education Weeks – action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(Clerk-Recorder)
3.09* Agreement with City of Biggs to Collect Jail Impact Fees - The County currently collects a
development impact fee for Jail Facilities upon new residential development within the
unincorporated area of the County in order to mitigate impacts on jail facilities resulting from
residential development. The City of Biggs agrees that the County may impose this fee on all new
residential development projects within its incorporated boundaries for up to ten years, but only
after the four other municipalities in the County enter into a similar agreement. On August 12,
2015, the City of Biggs approved the agreement to allow the County to impose the development
impact fee for Jail Facilities contained in Chapter 3, Article II of the Butte County Code on all new
residential development within the City. The City has agreed to collect the revenue and forward it
to the County on a quarterly basis to provide a partial funding source for expanding the capacity of
the Butte County Jail. The agreement shall remain in effect for ten years after the agreement is
signed. However, the City may terminate the agreement at any time with a 60 day written notice
to the County if the County increases the Jail Facilities Fee without the City's prior written consent
–action requested - APPROVE AGREEMENT WITH THE CITY OF BIGGS AND AUTHORIZE THE CHAIR
TO SIGN. (County Administration)
SEPTEMBER 15, 2015 –BOARD OF SUPERVISORS AGENDA
PAGE 3 OF 14
3.10*Agreement with City of Gridley to Collect Jail Impact Fees - The County currently collects a
development impact fee for Jail Facilities upon new residential development within the
unincorporated area of the County in order to mitigate impacts on jail facilities resulting from
residential development. The City of Gridley agrees that the County may impose this fee on all new
residential development projects within its incorporated boundaries for up to ten years, but only
after the four other municipalities in the County enter into a similar agreement. On August 13,
2015, the City of Gridley approved the agreement to allow the County to impose the development
impact fee for Jail Facilities contained in Chapter 3, Article II of the Butte County Code on all new
residential development within the City. The City has agreed to collect the revenue and forward it
to the County on a quarterly basis to provide a partial funding source for expanding the capacity of
the Butte County Jail. The agreement shall remain in effect for ten years after the agreement is
signed. However, the City may terminate the agreement at any time with a 60-day written notice to
the County if the County increases the Jail Facilities Fee without the City's prior written consent –
action requested - APPROVE AGREEMENT WITH THE CITY OF GRIDLEY AND AUTHORIZE THE CHAIR
TO SIGN. (County Administration)
3.11*Adoption of an Ordinance Entitled Small Residential Rooftop Solar Energy Systems - The
Development Services Department introduced an ordinance adding Article VII, entitled “Small
Residential Solar Energy Systems”, to Chapter 26, entitled “Buildings,” of the Butte County Code as
required by Assembly Bill (AB) 2188. AB 2188 amended two of the several statutes that compose
the Solar Rights Act- Civil Code Section 714 and Government Code Section 65850.5. It applies to all
cities, counties, or a city and county that have jurisdiction over permitting. The most significant
change to the act is a statutory mandate for local jurisdictions to adopt an ordinance that creates
streamlined, expedited permitting process for small residential rooftop solar energy systems (10-kw
or less) on or before September 30, 2015. The proposed ordinance also contains the recommended
language as outlined within California Solar Permitting Guidebook referenced above. No additional
restrictions are included in the proposed ordinance. The Board waived the first reading of the
ordinance at the August 25th, 2015 Board meeting, amending Chapter 26 of the Butte County Code
to implement the requirements of AB 2188. Staff has determined the proposed Ordinance is
exempt under from the California Environmental Quality Act (CEQA) because the proposed
ordinance does not have a significant effect on the environment - action requested - ADOPT THE
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Development Services)
3.12*California Governor's Office of Emergency Services -Victim/Witness Assistance Agreement -The
California Governor's Office of Emergency Services (Cal OES) - Victim/Witness (VW) Assistance
Program awards funding to provide assistance and advocacy services to victims of crime. The Butte
County Board of Supervisors have previously entered into an agreement with Cal OES for the VW
program. The District Attorney desires to continue applying for and receiving grant awards. The
term of this grant award is from July 1, 2015 to June 30, 2016. Due to the compressed application
time line, the District Attorney was required to sign the grant agreement and is requesting board
ratification of the District Attorney's signature. Under the new guidelines, the District Attorney will
be able to sign future grant documents if written authorization by the governing body is on file.
Board approval is requested for a resolution which will ratify the District Attorney's signature for
this year's application, and provide signature authorization for the District Attorney for future fiscal
year applications – action requested - APPROVE GRANT AGREEMENT AND RATIFY DISTRICT
ATTORNEY - MICHAEL L. RAMSEY'S SIGNATURE ON THE AGREEMENT; AND ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN.(District Attorney)
SEPTEMBER 15, 2015 –BOARD OF SUPERVISORS AGENDA
PAGE 4 OF 14
3.13* Chico Veterans Memorial Hall Committee Nominations- The Chico Veterans Memorial Hall
Committee, on behalf of the Veterans Organizations using the Chico Veterans Memorial Hall, submits
the following nominations for appointment to serve on the Chico Veterans Memorial Hall Committee
for the term ending June 30, 2016. American Legion, Chico Post 17: Joe Turner, Delegate and Jan
Bratcher, Alternate; American Veterans (AMVETS), Post 2813: Gene Clements, Delegate and Gary
Imhoff, Alternate; US Submarine Veterans Inc., Cuttlefish Base, USSVI: Gilbert "Gil" Houston,
Delegate and Gary Newquist, Alternate; Veterans of Foreign Wars (VFW), Post 1555: Michael
Halldorson, Delegate and Joseph Mace, Alternate; Veterans of Modern Warfare (VMW), Chapter 18:
Dennis Payne, Delegate and James Wolske, Alternate; Vietnam Veterans of America (VVA), Chapter
582: Scott Will, Delegate and Benito Guitteriez, Alternate – action requested - APPOINT NOMINEES
TO TERMS ENDING JUNE 30, 2016.(General Services)
3.14* Gridley Veterans Memorial Hall Committee Nominations -The Gridley Veterans Memorial Hall
Committee, on behalf of the Veterans Organizations using the Gridley Veterans Memorial Hall,
submits the following nominations for appointment to serve on the Gridley Veterans Memorial Hall
Committee for the term ending June 30, 2016. American Legion, South Butte Post 210: Gordon
Brietbarth, Delegate; Veterans of Foreign Wars (VFW), Post 5731: Arnulfo Ruiz, Delegate; Citizen
Veterans: Frank Bartolomucci, Delegate, Danny "Dan" Cole, Delegate, George Hiralez, Delegate, Ed
Kawasaki, Delegate, Louis "Lou" Krasovic, Delegate, Owen Stiles, Delegate and William "Bill" White,
Delegate – action requested - APPOINT NOMINEES TO TERMS ENDING JUNE 30, 2016. (General
Services)
3.15* Oroville Veterans Memorial Hall Committee Nominations -The Oroville Veterans Memorial Hall
Committee, on behalf of the Veterans Organizations using the Oroville Veterans Memorial Hall,
submits the following nominations for appointment to serve on the Oroville Veterans Memorial Hall
Committee for the term ending June 30, 2016. American Legion, Post 95: Ron Scharbor, Delegate
and Wayne Brock, Alternate; American Veterans (AMVETS), Post 1774: Morris "Mac" McFarland,
Delegate and James "Jim" Bruce, Alternate; Military Order of the Cootie (MOC), Red Feather Pup
Tent No. 7: Robert "Bob" Simpson, Delegate and Emanuel Johnson, Alternate; Veterans of Foreign
Wars (VFW), Post 1747: John Archibald, Delegate and Aaron Fultz, Alternate; Veterans of Foreign
Wars (VFW), Post 9602: Roy Boyette, Delegate and Brad Fridrich, Alternate; Citizen Veterans:
Robert Morehouse, Delegate, Susan Sharon, Delegate, Lorin "Vene" Thompson, Jr., Delegate, Alan
Wixom, Delegate – action requested - APPOINT NOMINEES TO TERMS ENDING JUNE 30, 2016.
(General Services)
3.16* Paradise Veterans Memorial Hall Committee Nominations - The Paradise VeteransMemorial Hall
Committee, on behalf of the Veterans Organizations using the Paradise Veterans Memorial Hall,
submits the following nominations for appointment to serve on the Paradise Veterans Memorial Hall
Committee for the term ending June 30, 2016. California Veterans Square Dance Association: Robert
"Bob" McMullen, Delegate and Dave Curry, Alternate – action requested - APPOINT NOMINEES TO
TERMS ENDING JUNE 30, 2016. (General Services)
SEPTEMBER 15, 2015 –BOARD OF SUPERVISORS AGENDA
PAGE 5 OF 14
3.17* Lease Origination and Budget Adjustment for a Portion of 560 Cohasset Road with Enloe Medical
Center - The Butte County Department of Behavioral Health delivers the Chico Community
Counseling Center programs from 500 Cohasset Road Suites 15 - 20, in Chico, under a lease in hold
over status. This lease of 9,000 square feet has a rate of approximately $1.40 per square foot with a
monthly payment of $12,610.47. The landlord of 500 Cohasset Road Suites 15 - 20 has decided not to
renew the lease with the Department and has served the County with a thirty-day notice to vacate
the premises. With the help of Enloe Medical Center, the Department wishes to relocate the Chico
Community Counseling Center programs to 560 Cohasset Road. The new location of approximately
8,000 square feet, has a fixed monthly rate of $0.88 per square foot with a payment of $7,040 from
October 1, 2015 through September 30, 2025, and will then escalate to $1.025 per square foot for a
total monthly lease payment of $8,200 for the balance of the lease term scheduled to terminate
September 30, 2035. The new lease, with the ability to terminate due to lack of funding, will allow
the Department to utilize State funding sources available only under twenty year lease terms. Over
the entire term of the lease, approximately $1,197,600 in lease savings will be recognized. In
addition, the 560 Cohasset gross lease is inclusive of utilities for additional significant savings. This
lease includes the option to extend for an additional 120 month period. Funding for this lease is
included in the FY 2015-16 budget and requires no additional appropriation. Minor tenant infill
modifications will be necessary, and will require a budget adjustment of $150,000 to properly budget
funds for construction – action requested - 1) APPROVE THE LEASE AND AUTHORIZE THE CHAIR TO
SIGN; AND 2) APPROVE BUDGET ADJUSTMENT(4/5 vote required). (General Services)
3.18* Mental Health Network (MHN) Contract Amendment – MHNis the provider of the Butte County
Employee Assistance Program, which has established a network of professional providers to render
services for the benefit of Butte County employees and their dependents. MHN has requested an
amendment to the existing contract that includes: 1) Replacing "Work & Life Services” with
“Enhanced Work & Life Services", which will lead to enhanced services for employees and their
dependents at no additional cost to the County; 2) "Wellness Coaching Program” shall be added; 3)
the monthly fee is reduced to $9.22 per Subscriber; 4) the Term shall be updated with a term of July
1, 2015 through June 30, 2016, with automatic extension for successive periods of one year unless
either party provides 60-day notice to terminate; and 5) expanded Client Training Programs for
employees. All other provisions of the agreement shall remain the same – action requested -
APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND AUDITOR CONTROLLER.(Human Resources)
3.19* Resolution to Amend the Salary Ordinance -The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance as follows:
Behavioral Health: The Department of Behavioral Health is requesting to delete one (1) Behavioral
Health Counselor II/I or Behavioral Health Worker and add one (1) Supervisor, Behavioral Health
Counselor. The Supervisor, Behavioral Health Counselor will be part of the Crisis Services' Connect
Team as an additional supervisor is needed within the unit. The total allocations in the department
will remain unchanged, and there will be no fiscal impact on the General Fund.
Public Health: The Department of Public Health is requesting to delete one (1) vacant Supervisor,
Public Health Nursing and add one (1) Program Manager, Community Services. After a review of the
duties of the position, the Program Manager, Community Services is the best classification to meet
the needs of the department. The total allocations in the department will remain unchanged, and
there will be no fiscal impact on the General Fund - action requested - ADOPT THE RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
SEPTEMBER 15, 2015 –BOARD OF SUPERVISORS AGENDA
PAGE 6 OF 14
3.20* Resolution Proclaiming "Just Mercy" as the Book in Common for County of Butte in 2015-16 -Since
2000, California State University, Chico has sponsored a Book in Common program to engage its
students in reading, intellectual engagement, and community dialogue. For 2015-16, Butte County
Library and other community partners are collaborating with the University to expand the program
throughout Butte County. The 2015-16 selection, "Just Mercy: a story of Justice and Redemption" by
Bryan Stevenson is a memoir of struggle against injustice by one activist lawyer - action requested -
ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Library)
3.21* Community Recidivism Reduction Grant-The California Board of State and Community Corrections
(BSCC), through the Budget Act of 2014, provided funds in the amount of $50,000 for the Board of
Supervisors (BOS), in collaboration with the Community Corrections Partnership (CCP) to develop a
competitive grant program intended to fund community recidivism and crime reduction services
(Approved September 9, 2014 by BOS). The California BSCC, through the Budget Act of 2015, is
offering additional funds in the amount of $25,000 for the BOS, in collaboration with the CCP to fund
community recidivism and crime reduction services. Individual awards of a maximum of $10,000 per
provider are allowed, up to the total County award of $50,000 (FY 2014-15) plus $25,000 (FY 2015-
16). Up to 5 percent may be withheld for County administrative costs while administering the
program. The period of the grant program runs through June 30, 2018, with a final reporting date of
July 1, 2018. Approval is requested to authorize the CCP, through the Chief Probation Officer, to
submit a letter of interest in receiving the funding to BSCC, develop the competitive grant program
or use the existing Request for Proposal developed in 2014-15, sign all related documents, and
administer the grant program – action requested - AUTHORIZE THE CCP, THROUGH THE CHIEF
PROBATION OFFICER, TO SUBMIT A LETTER OF INTEREST IN RECEIVING THE FUNDING TO BSCC,
DEVELOP THE COMPETITIVE GRANT PROGRAM OR USE THE EXISTING REQUEST FOR PROPOSAL
DEVELOPED IN 2014-2015, SIGN ALL RELATED DOCUMENTS, AND ADMINISTER THE GRANT
PROGRAM.(Probation)
3.22* Adoption of Ordinance Entitled Regulation of Smoking in Workplaces and Enclosed Public Places-
Butte County Code Chapter 15, Article V - Regulation of Smoking in Workplaces and Enclosed Public
Places was last updated in 1992 before the development and use of electronic smoking devices (also
known as e-Cigarettes). The Public Health Department proposed a code amendment at the Board's
July 28, 2015 meeting that would include prohibition of the use of electronic smoking devices where
tobacco use is currently prohibited in the workplace and enclosed public places. After reviewing the
proposed code amendment and receiving comment from the public, the Board directed the
department to make additional modifications to the code amendment and return to the Board with
an updated proposal for further review. The requested additional modifications were presented to
the Board on August 25, 2015. The Board approved the changes and waived the first reading of the
ordinance – action requested - ADOPT THE ORDINANCE AMENDING CHAPTER 15, ARTICLE V,
ENTITLED "REGULATION OF SMOKING IN WORKPLACES AND ENCLOSED PUBLIC PLACES" OF THE
BUTTE COUNTY CODE AND AUTHORIZE THE CHAIR TO SIGN.(Public Health)
SEPTEMBER 15, 2015 –BOARD OF SUPERVISORS AGENDA
PAGE 7 OF 14
3.23* Side Letter Agreements to Franchise Agreement for Refuse, Recyclable Materials and Green Waste
Collection Services - On March 1, 2015, the County of Butte (County) entered into franchise
agreements (Agreement) with USA Waste of California, Inc., aka Waste Management, and Recology
Butte Colusa Counties, (Contractors) to provide collection services of refuse, recyclable materials and
green waste. The Agreement specified weekly collection of refuse and bi-weekly collection of
recyclable materials and green waste in unincorporated areas known as Recycling Zones. The
collection fees approved for these Recycling Zones were based on the collection frequency specified.
Due to customer requests following the effective date of the Agreement, the County and Contractors
agreed that the Contractors would provide weekly collection of recyclable materials and green waste
for their customers in the Chico Recycling Zone and the Contractors would receive a credit
("Recycling Credit") towards franchise fees that the Contractors are required to pay the County
pursuant to the Agreement. The Recycling Credit is in the amount of $4.00 per customer per month
for the number of new customers receiving green waste collection services after the franchise
services implementation date of March 1, 2015. Recycling Credit will be calculated by determining
the change in number of customers receiving green waste collection at the end of a calendar quarter
compared to the baseline number of customers serviced by Contractors prior to implementation of
The difference will be multiplied by $4.00 and then
franchised services (February 28, 2015).
multiplied by number of months in the quarter. Recycling Credit will be calculated and applied for
each quarter until costs associated with weekly collection are incorporated into the first-year base
rates (2017). It is estimated that the franchise fees will be reduced by approximately $90,000 per
year until January 1, 2017 – action requested - APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Works)
3.24* Bess and Associates Contract for Justice Assistance Grant (JAG)Evaluation – On May 19, 2015, the
Board of Supervisors approved a resolution (item 3.42) to the Board of State Community Corrections
(BSCC) for acceptance of BSCC grant funding for a term of March 1, 2015 through December 31,
2017. The BSCC federal grant is intended to further enhance the Alternative Custody Supervision
(ACS) program. A key component of the recidivism reduction grant is to provide the BSCC
information via evaluations to allow the BSCC to study various ACS programs throughout the state
and determine what programs are effective. BSCC requires 5-10% of the grant funds be expended for
evaluation of the program implemented in Butte. After a lengthy selection process, the grant team
selected Gary Bess and Associates to complete the Local Evaluation Plan (LEP) and complete the data
collection for the term of the grant. A total of 140 participants are projected for the three-year
period, which includes approximately two-months of pre-release assessment and planning that
begins with an Individual Development Plan (IDP), and eight months of post-release intensive
services. A 60-day post-completion follow-up is also included. Given the grant program is late to
start, this contract term is 3.5 years considering the possibility of BSCC funds remaining allowing an
extension to the grant. The term of the evaluation contract is September 15, 2015 through March 14,
2019, not to exceed $168,000 for the contract term, $4,000 paid to Bess and Associates per month -
action requested - APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Sheriff)
SEPTEMBER 15, 2015 –BOARD OF SUPERVISORS AGENDA
PAGE 8 OF 14
3.25* Purchase of Capital Asset - The Butte County Sheriff's Office Special Enforcement Unit (SEU) is tasked
with the enforcement of illegal marijuana grows. The Sheriff's Office is a participant in the Federal
Equitable Sharing Program which allows agencies to receive forfeited funds and/or equipment found
and utilized in illegal cultivation sites, for use in official operations, only after the U.S. Marshals
Service receives their 20% share of the seizure. The Sheriff's Office is requesting to utilize a piece of
equipment that was seized and forfeited. The equipment is further described as a 2013 Bobcat S510
Skid Steer Loader. The equipment will be used by Sheriff's personnel providing grounds maintenance
at the Sheriff's Canine site, the Sheriff's Road Crew program, the Sheriff's Shooting Range, and other
auxiliary sites when needed. The Sheriff's Office is obligated to pay the U.S. Marshals Service
$3,751.20 to finalize the transfer of the equipment. The Bobcat has an estimated value of $18,756 –
action requested - AUTHORIZE BUDGET ADJUSTMENT (4/5 vote required); AND APPROVE CAPITAL
ASSET PURCHASE AND ACQUISITION.(Sheriff)
3.26* Contract -Brown and Caldwell- On January 8, 2013, the Board of Supervisors authorized the
Department of Water and Resource Conservation to conduct the Water Resource Management and
Protection Project. The Project was comprised of four interrelated components: the Water Resource
Inventory and Analysis Report; Water Resources Analyses (i.e. groundwater modeling); Groundwater
Recharge Investigation; and Local Water Supply Management Options. This Stable Isotope Recharge
Investigation is part of the Water Resource Management and Protection Project that focuses on
conducting tasks associated with the Groundwater Recharge Investigation. The Stable Isotope
Recharge Investigation builds upon the research and recommendations of the Lower Tuscan Aquifer
(LTA) Investigation. The Stable Isotope Recharge Investigation will assess existing stable isotope data,
develop a field sampling manual, conduct a field investigation, and assess the data. A technical
steering committee will review the methodologies and results. A robust public outreach effort will be
part of the investigation. On May 1, 2015, the Department issued a request for proposals to conduct
a stable isotope recharge investigation. The deadline to submit proposals was June 15, 2015. The RFP
review committee recommended that Brown and Caldwell be awarded the contract to conduct the
investigation for $135,143. The contract will terminate on June 30, 2017 – action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER. (Water and Resource Conservation)
4.Regular Agenda
4.01* Boards, Commissions and Committees
A.Appointments to Listed Vacancies
B.Board Member/Committee Reports and Board Member Comments
(
Pursuant to CA State law, the Board is prohibited from taking action on any item not listed on the agenda.)
4.02Update of Current Budget/Legislative Issues by the Chief Administrative Officer -action requested -
PROVIDE DIRECTION TO STAFF.
A.Update on Enforcement of Medical Marijuana Cultivation Restrictions
4.03Items Removed from the Consent Agenda for Board Consideration and Action.
SEPTEMBER 15, 2015 –BOARD OF SUPERVISORS AGENDA
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4.04* PERS Post Retirement Employment Exemption - The Public Employees' Pension Reform Act (PEPRA)
of 2013 requires newly retired persons to "sit out" for at least 180 days before returning to work for
an employer in the same retirement system from which they receive a retirement allowance. An
exemption to this rule is permitted by Government Code Section 7522.56(f)(1) and 21224, if
approved by the governing body in a public meeting on the regular agenda. Child Support Services
relies on its two information technology staff to provide technical support to keep the department
working efficiently and effectively. Pablo Rosado, Information Systems Analyst, Sr. for Child Support
Services, retired from County employment on July 31, 2015. The individual hired into Pablo Rosado's
formerly held position has left Butte County employment effective August 31, 2015. Child Support
Services is currently in the process of filling this vacancy. The successful candidate will need to be
trained in the processes unique to the needs of the department and Pablo Rosado can provide this
training as well as provide continuity of services to the department until the position is filled. The
Director of Child Support Services is requesting an exemption to the 180-day sit out period required
by PEPRA and approval to hire Pablo Rosado as an extra help Information Systems Analyst, Sr. The
Director of Human Resources has reviewed the facts and concurs that the request is consistent with
the exemption under Government Code Section 7522.56(f)(1) – action requested – 1) APPROVE PERS
POST-RETIREMENT EXEMPTION PURSUANT TO GOVERNMENT CODE SECTION 7522.56; AND 2)
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Child Support Services)
4.05* Update on Building Division Plan Review Status - The Development Services Department is providing
information on plan check status as requested by the Board. Staff has created a "Plan Review Status"
handout for discussion and information. The handout, “Plan Review Status", provides information on
the total number of plan reviews performed over the last eight (8) months. They include the total
number of plan reviews performed by staff in the department as well as those reviews performed by
outside plan check firms. The staff report identifies turnaround times for the completion of plan
reviews -action requested - ACCEPT FOR INFORMATION. (Development Services)
5.Public Hearings and Timed Items
5.01* 9:45 a.m. -Public Hearing -County ADA Transition Plan and Resolution Designating ADA Compliance
Officer - Butte County's Americans with Disabilities Act (ADA)/Accessibility Self-Evaluation is nearly 17
years old. Changing uses of County facilities, new design guidelines, and changing legislation make an
update necessary. In order to address compliance with ADA requirements, an updated
ADA/Accessibility Self-Evaluation and Transition Plan was completed with partial funding through a
Community Development Block Grant. The County utilized Disability Access Consultants (DAC) to
assist with the Self-Evaluation and Transition Plan, which included evaluation of 21 facilities and staff
coordination. In addition to needing an updated Transition Plan, staff identified that the existing
resolution that designates the Human Resources Director as the County’s ADA Compliance Officer
does not allow for the delegation of authority. Staff recommends the Board of Supervisors adopt a
new resolution that designates the Human Resources Director, or designee, as the County’s ADA
Compliance Officer for operational efficiencies – action requested – 1) ACCEPT TRANSITION PLAN FOR
INFORMATION; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
SEPTEMBER 15, 2015 –BOARD OF SUPERVISORS AGENDA
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5.02* 9:50 a.m. - Public Hearing -Bell Muir Extension- Very Low Density Residential (VLDR) General Plan
Designation - Properties located along the north side of Bell Road and the west side of Muir Avenue
are designated by the Butte County General Plan and zoned as Very Low Density Residential, 2.5 acre
minimum (VLDR-2.5). This area, known as the ‘Bell Muir Extension,’ includes 33 parcels. It is requested
that the Board of Supervisors consider the appropriate zoning designation of the Bell Muir Extension
neighborhood of west Chico, permit landowners and citizens to be heard on the appropriate zoning
designation and minimum parcel size for that area, and provide direction to Development Services
staff to keep the existing designation of VLDR-2.5 or process a change to Rural Residential, 5-acre
minimum parcel size (RR-5). On August 25, 2015, the Board of Supervisors opened this hearing item
and received a presentation from staff. The Board opened the item for public comment. At that time,
Mr. Andrew McClure provided a 15 minute presentation. Upon receiving all of the public comment,
the Board of Supervisors closed the public comment segment of the hearing and continued the item
to September 15, 2015. Staff may present additional options verbally for the Board’s consideration
and direction at the meeting. No additional staff report is provided for this discussion. For specific
information on this matter, please refer to the staff report presented to the Board of Supervisors on
August 25, 2015 - action requested - CONSIDER THE APPROPRIATE GENERAL PLAN AND ZONING
DESIGNATION FOR THE BELL MUIR EXTENSION AND PROVIDE DIRECTION TO DEVELOPMENT SERVICES
STAFF. (Development Services)
(
6.Board of Supervisors Public Comment each speaker limited to five minutes)
Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five
minutes. Please note that pursuant to California state law, the Board of Supervisors is prohibited from taking
action on any item not listed on the agenda.
Recess
Recess as the Butte County Board of Supervisors and convene as the In-Home Supportive Services Public
Authority Board.
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IN-HOME SUPPORTIVE SERVICES
PUBLICAUTHORITYBOARD
AGENDA
SEPTEMBER15,2015
1. Call to Order - Butte County Board of Supervisors Chambers, 25 County Center Drive, Oroville.
2.Consent Agenda
2.01* Approve Appointments to the In-Home Supportive Services Advisory Committee - On December 19,
2000, the Board of Supervisors established the Butte County In-Home Supportive Services (IHSS)
Advisory Committee. Eleven members were appointed in accordance with Welfare and Institutions
Code 12301.3. Membership must include a combination of IHSS recipients, providers,
community/agency members/and or county staff. The members of the IHSS Advisory Committee
serve staggered terms. The Advisory Committee is recommending the appointment of Ms. Nanette
Gledhill (Program Manager, Butte County DESS, Adult Services) to fill a recently vacated county
representative position, with a term to expire December 31, 2016. Advisory Committee Chairperson,
Sarah May, has provided a letter supporting this request – action requested - APPOINT NANETTE
GLEDHILL AS COUNTY REPRESENTATIVE TO SERVE AS COMMITTEE MEMBER ON THE BUTTE COUNTY
IN-HOME SUPPORTIVE SERVICES ADVISORY COMMITTEE. TERM TO EXPIRE ON DECEMBER 31, 2016.
3.Regular Agenda (No Items)
4.In-Home Supportive Services 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.
5.In-Home Supportive Services Closed Session (No Items)
Adjournment
Adjourn as the In-Home Supportive Services Public Authority Board and reconvene as the Butte County
Board of Supervisors.
SEPTEMBER 15, 2015 –BOARD OF SUPERVISORS AGENDA
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7.Board of Supervisors Closed Session
7.01 ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(1) - ONE CASE:
WENDY WININGS v. COUNTY OF BUTTE; WORKERS' COMPENSATION APPEALS BOARD LEGACY CASE NO.
ADJ9781298 (CLAIM NO. BUAK-550068).
7.02 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES AND BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA;
DSA - MANAGEMENT/SUPERVISORY UNIT;
DSA- GENERAL UNIT;
BCCOA - SUPERVISORY UNIT;
BCCOA - GENERAL UNIT;
CONFIDENTIAL UNIT;
PPOA - MANAGEMENT UNIT;
NON-REPRESENTED UNIT;
SKILLED TRADES UNIT
SEPTEMBER 15, 2015 –BOARD OF SUPERVISORS AGENDA
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Butte County
Department Heads
Information and Procedures Concerning the Agenda and
Board of Supervisors Meetings
Agricultural
Commissioner:
Meeting Information:
Richard Price
Assessor*:
Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are
Diane Brown
held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. At
the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed
Auditor-Controller*:
as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted
Dave Houser
Clerk of the Board
meeting calendar for the year are available in the County Administrative Office or on the
Behavioral Health:
website page.
Dorian Kittrell
Agenda Information:
Chief Administrative
Officer:
The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72
Paul Hahn
hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board
Chief Probation Officer: website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to explain
Steve Bordin
each agenda item (excluding documents that are not a public record within the meaning of the Public Records Act)
are available for your review at the County Administrative Office, the Chico, Oroville, and Paradise libraries (please
Child Support Services:
do not remove items from these files), and at the Clerk of the Board website. Copies of supporting materials can
Sharon A Stone
be made for you at a charge to cover costs. The list of communications included with the agenda packages is not
Clerk-Recorder-Registrar
comprehensive. Additional communications to the Board of Supervisors may have been received but not included
of Voters*:
in the agenda supporting material. Copies of all communications received by the Board of Supervisors (excluding
Candace Grubbs
documents that are not a public record within the meaning of the Public Records Act) are available at the
County Counsel:
Administrative Office upon request. An (*) appearing before an agenda item signifies that material has been
Bruce Alpert
provided to the Board of Supervisors members to explain that item.
Development Services:
Agenda Format and Meeting Order:
Tim Snellings
The agenda is usually organized into the following areas and meetings generally proceed in the following order:
District Attorney*:
1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the
Mike Ramsey
Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in the
Employment & Social
back of the board room) and give it to the Clerk of the Board (sitting to the right of the Board) or, when the Chair
Services:
asks if there is anything anyone would like to remove from the Consent Agenda, stand and approach the podium
Cathi Grams
and request the item be removed. The removed items are discussed at the end of the Regular Agenda.
Farm, Home & 4-H Advisory:
2. Regular Agenda:this is where presentations to the Board and items that require full discussion are heard. Items
Randall Mutters
removed from the Consent Agenda are discussed under this section.
3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are
Fire Chief:
set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time
Greg McFadden
listed, but will never start before the time listed.
General Services:
4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any
Grant Hunsicker
matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda,
Human Resources:
but may respond to statements or questions and provide staff direction.
Brian Ring
5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances. This area of
the agenda identifies those items that will be discussed during the closed session.
Information Systems:
Art Robison
Public Participation:
Library:
It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow
Melanie Lightbody
members of the public the opportunity to comment on all matters before the Board. Public participation is limited
Public Health:
to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. The
Cathy Raevsky
Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing of these
policies and procedures can be found in the printed booklet agenda, obtained at the County Administrative Office,
Public Works:
Mike Crump
or viewed at the Clerk of the Board website.
The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with
Sheriff-Coroner*:
special needs should call the Clerk of the Board at 530-538-7631, Monday through Friday, 8:00 a.m. to 5:00 p.m. to
Kory Honea
request disability-related modifications/accommodations or to request materials in alternate formats. All requests
Treasurer-Tax Collector*:
for special accommodations and/or alternative format documents must be made 48 hours prior to the meeting.
Peggy Moak
For further information contact the:
Water & Resource
Clerk of the Board of Supervisors
Conservation:
County Administrative Office
Paul Gosselin
25 County Center Drive, Suite 200, Oroville, CA 95965
530-538-7631
*Elected Official
SEPTEMBER 15, 2015 –BOARD OF SUPERVISORS AGENDA
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