HomeMy WebLinkAboutA102213 BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
October 22, 2013
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County Supervisors
Bill Connelly, District 1
Larry Wahl, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Doug Teeter, District 5
Paul Hahn, Chief Administrative Officer Bruce S. Alpert, County Counsel
and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 22,2013
Butte County Department Heads
Agricultural Commissioner Richard Price
Assessor* Fred Holland
Auditor-Controller* Dave Houser
Behavioral Health Director Anne Robin
Chief Administrative Officer Paul Hahn
Chief Probation Officer Steve Bordin
Child Support Services Director Sharon A. Stone
Clerk-Recorder-Registrar of Voters* Candace Grubbs
County Counsel Bruce S. Alpert
Development Services Director Tim Snellings
District Attorney* Mike Ramsey
Employment and Social Services Director Cathi Grams
Farm, Home & 4-H Advisory Joseph Connell
Fire Chief George Morris
General Services Director Grant Hunsicker
Human Resources Director Brian Ring
Information Systems Director Robert Barnes
Library Director Melanie Lightbody
Public Health Director Cathy Raevsky
Public Works Director Mike Crump
Sheriff-Coroner* Jerry Smith
Treasurer-Tax Collector* C. Linda Barnes
Water and Resource Conservation Paul H. Gosselin
* Elected Official
PAGE 1 October 22, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 22,2013
9:00 A.M. 1.00 CALL TO ORDER
1.01 Call to Order - Board of Supervisors Room, County Administration Building, 25 County
Center Drive, Oroville.
1.02 Pledge of Allegiance to the Flag of the United States of America.
1.03 Observation of a Moment of Silence.
2.00 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
3.00 CONSENTAGENDA
BEHAVIORAL 3.01* Caminar, Inc. - Caminar, Inc. is a nonprofit organization specializing in the planning,
HEALTH development, and operation of vocational rehabilitation programs. Approval is requested
to amend the agreement with Caminar, Inc.to provide additional vocational rehabilitation
services to Butte County clients who have displayed severe and persistent mental illness
and/or alcohol and drug problems. The term of this agreement is extended and will
terminate on June 30, 2014.The department had planned to solicit a Request for Proposal
(RFP) prior to December 31, 2013, however, this was delayed. The department now plans
to solicit the RFP for Fiscal Year(FY) 2014-15.The maximum financial obligation under this
agreement shall not exceed $261,285 (an increase of$124,643 for FY 2013-14). Funding is
currently available in the department budget for this amendment — action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
3.02* Northern Valley Catholic Social Service (NVCSS) - NVCSS provides mental health, housing,
vocational and support services to individuals and families in California's Northern
Sacramento Valley. Approval is requested to amend the agreement with NVCSS for
Parent Advocacy Employment (PAE) services to shift funding and expenses directly
associated with the PAE program from the NVCSS Mental Health Services Act (MHSA) FY
2013-14 contract, to more accurately track the actual PAE program cost. The term of this
agreement will remain July 1, 2013 through June 30, 2014. The maximum financial
obligation under this agreement shall not exceed $561,594 (this is an increase of
$218,510). The increase in this contract directly correlates with a decrease in the NVCSS
MHSA FY 2013-14 contract — action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER.
PAGE 2 October 22, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 22,2013
CHIEF 3.03* Request to Amend 2013 Board of Supervisors Regular Meeting Calendar - At the October
ADMINISTRATIVE 8, 2013 Board of Supervisors meeting, the Board requested an item be placed on the next
OFFICE agenda to amend their regular meeting calendar in the month of November of this year
due to a conflict with the annual California State Association of Counties conference. It is
requested that the November 19th Board meeting be rescheduled to November 12th.
Pursuant to Butte County Code Section 2-13, regular Board meetings are normally held
the second and fourth Tuesday.The Code does allow the Board to alter that schedule by a
majority vote. If additional meetings are required for any reason, the calendar can be
amended again or a special meeting can be ordered. A copy of the proposed meeting
calendar is included in this staff report — action requested - APPROVE THE REQUESTED
AMENDMENT TO THE 2013 REGULAR MEETING CALENDAR.
3.04* Employment Contract — Director, Employment and Social Services - Approval of the
second amendment to the contract with Cathy Grams, Director, Employment and Social
Services, is requested. The salary of the position is $159,558.10, which is no change from
current salary. The term of the contract is December 31, 2013 through December 30,
2016 — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
3.05* Employment Contract - Director, Child Support Services — Approval of the second
amendment to the contract with Sharon Stone, Director, Child Support Services, is
requested.The salary of the position is $148,460, which is no change from current salary.
The term of the contract is February 1, 2014 through January 31, 2017—action requested
- APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
3.06* Adoption of an Ordinance Levying a Special Tax for Fiscal Year 2013 and Following Fiscal
Years Solely Within and Relating to the County of Butte Community Facilities District No.
2013-1 (Clean Energy Program) - On October 8, 2013 the Board of Supervisors took
actions related to the creation of a Property Assessed Clean Energy(PACE) Program based
on the requirements of Senate Bill 555 which is an amendment to the Mello-Roos
Community Facilities Act of 1982. One of the actions was the introduction of an
Ordinance Levying a Special Tax for FY 2013-14 and Following Fiscal Years Solely Within
and Relating to the County of Butte Community Facilities District No. 2013-1 (Clean
Energy Program). The next step in the approval process is for the Board of Supervisors to
consider the final adoption of the Ordinance. The Ordinance allows for a special tax to be
levied on those parcels that opt in to the Clean Energy Program CFD, and directs the
process for placing the special tax on the tax roll. The ordinance will become effective 30
days after adoption —action requested -ADOPT ORDINANCE AND AUTHORIZE THE CHAIR
TO SIGN.
PAGE 3 October 22, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 22,2013
3.07* Fiscal Year 2013-14 Services Agreement Between the Butte County Superior Court and
the County of Butte - The Butte County Superior Court and the County of Butte
acknowledge that pursuant to Government Code §77212(d)(1), all services, excluding
Court security, provided by the County to the Court and the Court to the County are
identified by the proposed agreement. The Court and the County further acknowledge
that Exhibit A of the proposed agreement identifies the services to be provided, the
method of service delivery, the term of the agreement, the anticipated service outcomes
and the cost of the services to be provided.The FY 2013-14 agreement contains the same
services as in previous Years. Charges for all services remain the same as in the previous
Year. The method of payment remains unchanged. The MOU adds language that if the
County elects to remove or abandon cables used for internet service, which are the same
cables that the Court uses for internet access, the County will give the Court 90 days
notice—action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
3.08* Fiscal Year 2013 Homeland Security Grant Program -The Board of Supervisors authorized
the Emergency Services Officer to apply for funding under the Fiscal Year 2013 Homeland
Security Grant Program (HSGP). The Governor's Office of Emergency Services has
approved the grant application in the amount of $255,649. This item will appropriate
$205,649 of funds with the remaining $50,000 to be brought before the Board at a future
date. These grant funds need to be recognized as unanticipated revenue and
appropriated for the following: 1) $53,867 - Explosives Magazine (Capital Asset); 2)
$26,000 - Breathing Air Compressor (Capital Asset); 3) $25,000 - Trauma Kits for Law
Enforcement County-Wide; 4) $15,000 Extractor for Turnout Decontamination; 5)
$7,000 - Portable Lighting; 6) $25,000 - Mobile Roadside Message Boards; 7) $35,000 -
CountY Wide Training and Exercise; 8) $ 6,000 - Public Outreach and Community
Awareness; and 9) $12,782 - Grant Management & Administration — action requested —
APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); AND AUTHORIZE THE PURCHASE
OF CAPITAL ASSETS.
DEVELOPMENT 3.09* Resolution Designating the Existing "Local Appeals Board" (also known as the Building
SERVICES Code Board of Appeals) to also act as the "Housing Appeals Board" - California Building
Code, Section 1.8.8.1, California Residential Code, Section 1.8.8, and State Housing Law,
Health and Safety Code Sections 17920.5 and 17920.6 require two building appeals
boards: a "Local Appeals Board" to hear appeals regarding the building requirements of
the County and a "Housing Appeals Board"to hear appeals regarding the requirements of
the County relating to the use, maintenance and change of occupancy of buildings and
structures, including requirements governing alteration, additions, repair, demolition and
moving. Recent review by staff revealed that the County has a "Local Appeals Board" but
not a body that serves in the "Housing Appeals Board" role for hearing appeals for
existing construction. The "Local Appeals Board" (also known as "Building Code Board of
Appeals"), which was established by Resolution 64-3 on January 21, 1964 serves as the
body to hear appeals regarding the building requirements of the county. Resolution 83-
97 amended the membership of this Board. The established "Local Appeals Board" has
not had a need to meet in many Years and currently has no appointed members. Staff
recommends approval of the proposed resolution rescinding Resolution 64-3 and
Resolution 83-97 and designating the existing "Local Appeals Board" to also act as the
"Housing Appeals Board" as required by State Code. Development Services staff will work
with Administration and the Board of Supervisors to recruit for and fill the current
vacancies on this Board - action requested — ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
PAGE 4 October 22, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 22,2013
EMPLOYMENT 3.10* California Department of Veteran Affairs One-time Funding Subvention Program - On
AND October 3, 2013, the Department of Employment and Social Services (DESS) received
SOCIAL SERVICES notice from the California Department of Veteran Affairs (CalVet) regarding the
availability of one-time funds for FY 2013-14 to enhance services provided by the
Department's Veterans Service Office. Participating counties must submit a signed Special
Certificate of Compliance form to the CalVet no later than October 25, 2013, in order to
qualify for this one-time supplemental funding. The specific funding amount is unknown
at this time. The DESS will request the Board of Supervisors to approve a budget
adjustment including the addition of one limited-term Veteran's Service Representative
position (to expire on June 30, 2014) at a future meeting date once additional information
has been received from the CalVet—action requested -APPROVE SPECIAL CERTIFICATE OF
COMPLIANCE AND AUTHORIZE THE CHAIR TO SIGN.
GENERAL 3.11* Chico Veterans Memorial Hall Committee -The Chico Veterans Memorial Hall Committee,
SERVICES 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, 2014. Cuttlefish Base U.S. Submarine Veterans,
Inc.: Gilbert Houston, Delegate—action requested -APPOINT NOMINEE TO TERM ENDING
JUNE 30, 2014.
3.12* Bid Process Approval and Contract Execution — 900 Esplanade (former Chico Veterans
Memorial Hall) Window Project - In 2000, Butte County adopted the California Uniform
Public Construction Cost Accounting Act (CUPCCAA). At that time, State and County
policies regarding solicitation process for construction services were consistent. However,
over the years, the CUPCCAA has changed and Butte County Policies have remained the
same. Staff recommends that the County utilize provisions in the CUPCCAA for the 900
Esplanade Window Project. Utilizing these provisions will save the County significant
money and time; however, they exceed the authority granted to General Services under
existing Butte County Contracts/Purchasing Policy and Procedure Manual.Therefore, staff
recommends that the General Services Director be authorized to execute an $180,000
contract, plus potential change orders, that will not exceed $192,500 with Modern
Building, Inc. for the repair of windows at 900 Esplanade pending review by County
Counsel — action requested — 1) AUTHORIZE THE GENERAL SERVICES DIRECTOR TO
ACCEPT THE BID FROM MODERN BUILDING, INC. FOLLOWING CUPCCAA PROCESS; 2)
ASSIGN THE GENERAL SERVICES DIRECTOR AS THE OFFICER OF THE PROJECT; AND 3)
AUTHORIZE THE GENERAL SERVICES DIRECTOR TO EXECUTE A CONTRACT WITH MODERN
BUILDING, INC. PENDING COUNTY COUNSEL APPROVAL FOR LEGAL FORM.
3.13* Lease Amendment - 205 Mira Loma Drive #30, Oroville, with Guillon Inc. - The Butte
County Clerk-Recorder currently occupies 205 Mira Loma Drive, Suite 30 with a planned
termination date of October 31, 2013. The Department requests to amend the lease and
extend the term for an additional two years. Under the lease extension, the base rent
payment will remain fixed for an additional 24 months at the rate of$0.62028 per square
foot plus CAM (Common Area Maintenance) charges. CAM charges are subject to change
and adjusted in arrears based on actual costs of the preceding year. The planned
termination date for the agreement is October 31, 2015, and includes the option to
extend for an additional twenty-four month period. Funding for this lease is included in
the department's budget and requires no additional appropriation — action requested -
APPROVE THE LEASE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 5 October 22, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 22,2013
3.14* Lease Amendment - 205 Mira Loma Drive #40, Oroville, with Guillon Inc. - The Butte
County Department of Public Health currently occupies 205 Mira Loma Drive, Suite 40
with a planned termination date of October 31, 2013.The Department requests to amend
the lease and extend the term for an additional two years. Under the lease extension, the
rent payment will remain fixed for an additional 24 months at the rate of $0.50 per
square foot for a total payment of $1,657 per month. The planned termination date for
the agreement is October 31, 2015, and includes the option to extend for an additional
twenty-four month period. Funding for this lease is included in the department's budget
and requires no additional appropriation - action requested - APPROVE THE LEASE
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
3.15* Lease Origination -5910 Clark Road, Suite A/B, with Signature Services - For several years,
the Butte County Department of Behavioral Health has occupied 805 Cedar, in Paradise,
with approximately 8,307 square feet of leased space running $0.70 per foot. The
Department developed plans to relocate the programs to a smaller facility with superior
layout also located in Paradise. However, the new facility, located at 5910 Clark, did not
become available all at one time and a two phased relocation effort was launched. Phase
One of the project, a lease of 2,520 square feet in the new facility on Clark Road, was
completed last month. Now, staff recommends the balance of the available space be
leased at the facility to enable the Department to vacate 805 Cedar. The new lease is for
approximately 2,256 square feet with a rate that will remain fixed at $0.75 per square
foot, for a total monthly payment of approximately $1,692.00 over the 3 year term. The
planned termination date for the agreement is October 31, 2016, and includes the option
to extend for an additional sixty month period. Once completed, instead of occupying
8,307 square feet at $0.70 per square foot for a total monthly payment of$5,814.90, the
Department will occupy approximately 4,776 square feet of superior space at $0.75 per
square foot for a total of$3,582 per month netting approximately$80,000 in savings over
3 years. No additional appropriation is required- action requested -APPROVE THE LEASE
AND AUTHORIZE THE CHAIR TO SIGN.
3.16* Budget Adjustment and Approval to Acquire Real Property - Assessor's Parcel Number
(APN) 025-190-092 - Operations at the Gridley Transfer Station, APN 025-190-088, are
encroaching onto the adjacent State owned APN 025-190-092, and the State requires that
the condition be corrected. Staff recommends that the County acquire the parcel, at a
cost including due diligence and closing costs, for $15,000. Once acquired and new
property lines are established, the County, in a future Board meeting, can consider selling
the excess property to a neighboring property owner. There is no impact to the General
Fund. Funding comes from the Neal Road Landfill Fund -action requested - 1) APPROVE
THE BUDGET ADJUSTMENT (4/5 vote required); 2) APPROVE THE ACQUISITION OF THE
CAPITAL ASSET; AND 3) ACCEPT THE PROPERTY AND AUTHORIZE THE GENERAL SERVICES
DIRECTOR TO EXECUTE ALL DOCUMENTATION, INCLUDING THE CERTIFICATE OF
ACCEPTANCE, NECESSARY TO CLOSE ESCROW.
PAGE 6 October 22, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—OCTOBER 22,2013
HUMAN 3.17* Resolution to Amend the Salary Ordinance - The Department of Human Resources has
RESOURCES prepared a resolution to amend the Salary Ordinance. These changes will increase the
total allocations in the County by one (1) limited term position. The following are the
sections of the Salary Ordinance to be amended:
General Services: The General Services Department is requesting to add one limited term
position of Project Manager, Capital Improvement with a term date of June 30, 2018. The
staffing level of Capital Improvement Project Managers established in the FY 2013-14
budget was sufficient for specific Major Maintenance/Repair and Facility Modification
facility-related projects. However, funding is available and other department's desire
more facilities-related work to be done than General Services can accommodate. Funds
for the position are contained within the FY 2013-14 approved General Services operating
budget and no additional appropriation is required. This change will increase the total
allocations in the department by one (1) limited term position.
DESS: The Employment and Social Services Department is requesting to flexibly staff one
(1) position of Deputy Public Guardian-Public Administrator to Deputy Public Guardian-
Public Administrator/Deputy Public Guardian-Public Administrator, Senior. This change
will allow the department more flexibility when recruiting for and filling the position. Any
additional costs associated with this change are covered in the department's FY 2013-14
approved budget. This change will leave the total allocations in the department
unchanged —action requested -ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
PUBLIC HEALTH 3.18* Contract with Butte County Office of Education (BCOE) for SNAP-Ed Program - On
September 24, 2013, the Board of Supervisors approved a grant agreement with the
California Department of Public Health (CDPH) to participate in efforts to improve the
nutritional status and obesity rate among California's low income population under the
Supplemental Nutrition Assistance Program — Education (SNAP-Ed) Program. The program
focuses on individual and group nutrition education, physical activity promotion,
partnering with local schools and churches to promote healthy eating and physical
activity, and collaboration with existing local nutrition promotion partners. As part of this
grant, the State has authorized Public Health to subcontract with Butte County Office of
Education (BCOE) in order to implement a variety of nutrition education and physical
activity programs for preschool age children and their adult families within Butte County.
BCOE will follow the same guidelines as the County SNAP-Ed program. The term of the
contract is October 1, 2013 through September 30, 2014 with a maximum amount
payable of $40,899.61 — action requested - APPROVE AGREEMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
PAGE 7 October 22, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 22,2013
3.19* California State University (CSU), Chico Research Foundation - On September 24, 2013,
the Board of Supervisors approved a grant agreement (13-20489) with the California
Department of Public Health (CDPH) to participate in efforts to improve the nutritional
status and obesity rate among California's low income population under the
Supplemental Nutrition Assistance Program — Education (SNAP-Ed) Program. The program
focuses on individual and group nutrition education, physical activity promotion,
partnering with local schools and churches to promote healthy eating and physical
activity, and collaboration with existing local nutrition promotion partners. As part of this
grant, the State has authorized Public Health to subcontract with CSU, Chico Research
Foundation in order to implement a variety of nutrition education and physical activity
programs for middle and high school students within Butte County. CSU, Chico Research
Foundation will follow the same guidelines as the County SNAP-Ed program. The term of
the contract is for the period of October 1, 2013 through September 30, 2014 with a
maximum amount payable of $318,790.29 — action requested - APPROVE AGREEMENT
AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
PUBLIC WORKS 3.20* Capital Asset Purchase—Landfill Compactor—The recommended replacement interval for
large equipment (dozers and compactors) used at the Neal Road Recycling and Waste
Facility (NRRWF) is 7,500 hours. The NRRWF compactor #261 has approximately 11,000
hours. Staff requests approval to replace this compactor. A request for bids was solicited,
and AI-Jon was selected as the low bid meeting specifications. The new compactor will be
equipped with a Tier 3/4 compatible engine to comply with California Air Resources Board
requirements. Cost of the new compactor is $666,355.09, including taxes and 60-month,
10,000-hour extended warranty. A down payment of $120,000 was budgeted in the
current fiscal year. A budget adjustment from the Neal Road Recycling and Waste Facility
Enterprise Fund in the amount of$46,355 is requested for payment of sales tax. Staff has
negotiated a 60-month financing term with JP Morgan Chase Bank at approximately
1.628% (subject to rate at close) for the balance of $500,000. Annual payments of
approximately $104,936 will be budgeted as part of the NRRWF operating budget. At the
end of this lease-purchase agreement term, the County will own the compactor. An
appraisal of the landfill compactor#261 valued the unit at $50,000 - $100,000. A request
for bids and sale of the surplus compactor will be completed as a separate transaction.
Proceeds will be applied to the Neal Road Recycling and Waste Facility Enterprise Fund —
action requested - 1) APPROVE CAPITAL ASSET PURCHASE; 2) APPROVE AGREEMENT AND
AUTHORIZE PUBLIC WORKS DIRECTOR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER; AND 3) APPROVE SALE OF SURPLUS CAPITAL
ASSET EQUIPMENT#261.
PAGE 8 October 22, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 22,2013
SHERIFF- 3.21* Sheriff Memorandum of Understanding with Superior Court of California County of Butte-
CORONER Pursuant to the 2011 Realignment Act (AB118), the majority of State Security funding was
removed from the State Court's budget and allocated directly from the State of California
Controller to the County Trial Court Security Account (TCSA). Commencing July 1, 2012, all
security funding was meant to be allocated directly to the TCSA by the State; however, in
the case of Butte County, $467,145 was withheld from the TCSA and sent to the Court.
Previous to FY 2012-13, the Court provided some civilian security in the Court by use of
Court Attendants but in FY 2013, the court did away with its security staff. The Sheriff's
Office has assumed management of all Court Security services, and the Court has agreed
to relinquish security funding to the Sheriff. This MOU allows a method of payment to
transfer funds from the Court to the Sheriff- action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
TREASURER 3.22* Franchise Tax Board (FTB) Court-Ordered Debt (COD) Program Contract - The Treasurer-
TAX COLLECTOR Tax Collector Department is renewing its contract with the Franchise Tax Board (FTB)
Court-Ordered Debt (COD) Program. When the Central Collections Division has exhausted
all available avenues of collection and deems a debt "uncollectable", the FTB-COD
program takes additional measures to pursue seriously delinquent unpaid court-ordered
fines, forfeitures and penalties. The FTB charges an administrative fee of 15% of the
amount successfully collected and returns the balance to the County. The County
recovers the administrative fee through the Comprehensive Fine Program. Although the
contract does not require Board approval, the FTB requires that we submit a resolution,
order, motion or ordinance approved by the local governing body to enter into the
contract. A minute order from the Clerk of the Board will meet the requirement- action
requested - AUTHORIZE AGREEMENT TO BE SIGNED BY GENERAL SERVICES, WITH THE
FRANCHISE TAX BOARD.
4.00 REGULAR AGENDA
4.01* Boards, Commissions and Committees
1. Appointments to Listed Vacancies
2. 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.
PAGE 9 October 22, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 22,2013
4.04* Presentation of ICC Community Service Award -The Department of Development Services
submitted Butte County for a national award with International Code Council (ICC) (The ICC
Community Service Award). The award is to honor individuals and organizations for their
accomplishments and service to ICC and the building safety industry. This specific award is
presented when circumstances warrant a need to recognize meritorious service by an
individual, organization, jurisdiction or community group that promotes the public health,
safety and welfare by initiating activities or actions which are considered to be above and
beyond the normal expectations. Butte County was presented this award on October 2nd,
2013 at the ICC 2013 Annual Conference. A video presentation created by ICC was
presented during the Annual Business Meetings Members luncheon on September 30th
and replayed at the awards luncheon on October 2nd when the award was presented by
the Code Council Board president Ronald Piester. Staff would like to share the award as it
belongs to all Butte County staff members and present the video created by ICC— action
requested -ACCEPT FOR INFORMATION. (Development Services)
4.05* Introduction of an Ordinance Amending Chapter 26 Entitled "Buildings" in Order to Adopt
the "2013 Building Standards Codes" -The Department of Development Services requests
adoption of the 2013 California Building Standards Codes. The State of California officially
adopted the 2013 California Building Standards Codes in July 2013 and made the code
adoption mandatory at the local level on January 1, 2014. The building codes are updated
every three years.This allows for the codes to improve and adjust to the newest materials,
methods of construction and technological advances in the industry and in response to
natural disasters. Compliance with the State Building Codes is mandatory pursuant to
California Health and Safety Code Sections 17960 and 17961. The fundamental purpose of
building codes is to ensure that structures are constructed to an appropriate minimum
standard and are safe for the uses intended. Building codes exist in order to protect the
life, health and safety of the public who will inhabit the buildings. With this adoption
ordinance and amendment to County Ordinance Code, Chapter 26 "Buildings", Butte
County is providing compliance with state law, as well as making administrative exceptions
to accommodate existing local procedures and to avoid conflicts with state law. The
proposal now before the Board will bring Chapter 26 into compliance with the California
Building Standards Code published by the State in July 2013, with an effective date of
January 1, 2014—action requested - INTRODUCE ORDINANCE AND WAIVE FIRST READING.
(Development Services)
PAGE 10 October 22, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—OCTOBER 22,2013
4.06* Table A Lease Agreements- Butte County has a State Water Project (SWP)water allocation
of 27,500 acre feet per year referred to as Table A allocation. As part of the strategy to
achieve fiscal stability, the County has sought to enter into temporary lease agreements
for unused portions of its Table A allocation. On July 31, 2012, the Board of Supervisors
approved a two-year agreement to lease the County's unused Table A water to the
Palmdale Water District (10,000 acre feet) and to the Westside Districts (14,000 acre feet).
In this agreement, Palmdale Water District and Dudley Ridge Water District served as the
lead agencies for the environmental review under the California Environmental Quality Act
(CEQA), and in anticipation of a lease extension through 2021, developed the appropriate
documents under CEQA addressing the transfer programs through 2021. In July 2012,
Notices of Determination (NOD) in compliance with Section 21108 or 21152 of the Public
Resources Code were filed with the State Clearinghouse. On July 31, 2012, the County
adopted Resolutions 12-092 and 12-093 certifying that it had reviewed the associated
Negative Declarations, found them both adequate for the purpose of entering into the
Table A water lease agreements, and authorized participation in the Table A lease program
for 2012 and 2013 through the approval of the associated agreements. The agreements
with Palmdale Water District and the Westside Districts included an option to extend the
lease agreements through 2021 by a separate action. Requested is approval of agreements
for an 8-year extension of the Table A lease agreements with Palmdale Water District and
Westside Districts to 2021 — action requested — 1) APPROVE AGREEMENT BETWEEN
PALMDALE WATER DISTRICT AND COUNTY OF BUTTE FOR LONG-TERM LEASE OF A
PORTION OF THE COUNTY'S STATE WATER PROJECT TABLE A AND AUTHORIZE THE CHAIR
TO SIGN; AND 2) APPROVE AGREEMENT BETWEEN WESTSIDE DISTRICTS AND COUNTY OF
BUTTE FOR LONG-TERM LEASE OF A PORTION OF THE COUNTY'S STATE WATER PROJECT
TABLE A AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation)
4.07* Establishing an Irrevocable Trust to Pre-Fund Other Post-Employment Benefits (OPEB) -
The County of Butte provides post-retirement health care benefits (also known as Other
Post-Employment Benefits or OPEB) for its eligible retirees until they reach age 65 or
Medicare Supplemental Qualifying Age. The County, like most State and local
governments, has only funded the current year costs (referred to as pay-as-you-go), not
the costs for retiree health benefits earned, but not yet payable. The County, only paying
the current year's costs has resulted in a sizeable unfunded OPEB liability. With no assets
on deposit for benefits earned, but not yet payable, the annual amount charged to each
department for current retirees will grow substantially over time as the number of retirees
increase, putting a great burden on already stressed department budgets. Therefore, to
address the unfunded OPEB liability, the County Finance Work Team recommends the
County establish an OPEB Trust under the California Employers Retiree Benefit Trust
program ("CERBT"), which will be used to fund OPEB costs for current and future retirees—
action requested - APPROVE THE STRATEGY AND DIRECT STAFF TO WORK WITH THE
CALIFORNIA EMPLOYERS RETIREE BENEFIT TRUST FUND TO ESTABLISH AN IRREVOCABLE
TRUST WITH THE INTENT TO MAKE CONTRIBUTIONS TO THE TRUST ANNUALLY STARTING
IN THE FISCAL YEAR BEGINNING ON JULY 1, 2014. (Administration)
PAGE 11 October 22, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—OCTOBER 22,2013
5.00 PUBLIC HEARINGS AND TIMED ITEMS
9:30 A.M. 5.01* Public Hearing— Discussion of Community Development Block Grant (CDBG) Planning and
Technical Assistance Activity, Countywide Tourism Strategy and Implementation Plan - On
May 10, 2011, the Butte County Board of Supervisors approved submittal of a CDBG
Economic Development Planning and Technical Assistance Grant to complete a
Countywide Tourism Strategy and Implementation Plan (Tourism Strategy). In November
2011, the County was notified of the award of the $35,000 grant. On August 14, 2012, the
Board of Supervisors approved entering into a contract with Applied Development
Economics, Inc.for completion of the Tourism Strategy.The goal of the Tourism Strategy is
to develop a marketing and implementation plan that addresses the recommendation for
expansion of the tourism and recreation industry market in the Butte County Region.
Based on the approved grant and the proposed contract scope of work,the consultant was
to prepare a final report that includes: (1) Introduction, (2) Market Assessment, (3) Butte
County Tourism SWOT Analysis, (4) Countywide Tourism Goals, (5) Countywide Tourism
Action Plan, (6) Countywide Tourism Marketing Implementation Plan, and (7) Evaluation of
Alternative Funding Sources and Recommendations. A Public Hearing is being held per
CDBG requirements to provide members of the public an opportunity to provide
comments on the Tourism Strategy — action requested - ACCEPT FOR INFORMATION.
(Administration)
10:45 A.M. 5.02* Timed Item - Review of Ordinance 4051, Restrictions on Cultivation of Medical Mariivana -
On February 26, 2013, the Board of Supervisors adopted Ordinance 4051, Restrictions on
Cultivation of Medical Marijuana. At the time of its adoption the Board directed staff to
return the ordinance in a year's time for review and reconsideration. At the meeting of
September 10, 2013, the Board indicated its desire to begin discussions regarding possible
amendments to the ordinance and directed the item be returned for discussion. Submitted
for Board consideration is a report that summarizes the compliance efforts under the
ordinance this first year, provides staff recommendations for amendments to clarify or
enhance areas of the ordinance, and reviews topics for further consideration — action
requested - PROVIDE STAFF DIRECTION REGARDING POSSIBLE AMENDMENTS TO THE
ORDINANCE. (Administration)
ADJOURNMENT
Adjourn as the Butte County Board of Supervisors and convene as the Thompson Flat
Cemetery District Board of Trustees.
PAGE 12 October 22, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 22,2013
THOMPSON FLAT CEMETERY DISTRICT
BOARD OF TRUSTEES
AGENDA
OCTOBER 22, 2013
1.00 CALLTO ORDER-Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
Pursuant to Health and Safety Code 9029, the Thompson Flat Cemetery District Board of
Trustees is required to meet at least once every three months. This meeting satisfies
compliance with that code. No action is required.
2.00 CONSENTAGENDA (No Items)
3.00 REGULARAGENDA (No Items)
4.00 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 is
prohibited from taking action on any item not listed on the agenda
ADJOURNMENT
Adjourn as the Thompson Flat Cemetery District Board of Trustees and reconvene as the
Butte County Board of Supervisors.
PAGE 13 October 22, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 22,2013
6.00 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.
7.00 CLOSED SESSION
7.01 PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS,
PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14.WATER AND RESOURCE CONSERVATION DIRECTOR
7.02 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION
54957.6:
LABOR NEGOTIATORS: JACK HUGHES& 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
7.03 INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(4)-
U.S. FOREST SERVICE/PLUMAS NATIONAL FOREST TRAVEL MANAGEMENT PLAN.
PAGE 14 October 22, 2013
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—OCTOBER 22,2013
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meeting Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m.
and are 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 as a result of holidays or other events so please check the meeting
calendar to be certain. Copies of the adopted meeting calendar for the year are available in the County
Administrative Office or at the Clerk of the Board website at www.buttecounty.net/cob.
Agenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at
least 72 hours before each meeting, and is available by mail subscription, e-mail subscription, or at the
Clerk of the Board website. A copy of the agenda and supporting materials provided to the Board of
Supervisors members to explain 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 do not remove items from these files), and at
the Clerk of the Board website. Copies of supporting materials can be made for you at a charge to cover
costs. The list of communications included with the agenda packages is not comprehensive. Additional
communications to the Board of Supervisors may have been received but not included in the agenda
supporting material. Copies of all communications received by the 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. An (*) appearing before an agenda item signifies that material has
been provided to the Board of Supervisors members to explain that item.
Agenda Format and The agenda is usually organized into the following areas and meetings generally proceed in the following
Meeting Order: order:
1. Consent Agenda:these are items that are considered routine and are handled by one motion and vote of
the Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card
(located in 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 podium and request the item be removed. The removed items are
discussed at the end of the Regular Agenda.
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.
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,but will never start before the time listed.
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,but may respond to statements or questions and provide staff direction.
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.
Public Participation: 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 to matters within the subject matter jurisdiction of the Board pursuant to
Government Code Section 54954.3. The 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,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 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 disability-related modifications/accommodations or to request materials in
alternate formats. All requests for special accommodations and/or alternative format documents must be
made 48 hours prior to the meeting.
For further information contact the:
Clerk of the Board of Supervisors
County Administrative Office
25 County Center Drive,Suite 200,Oroville,CA 95965
530-538-7631
www.buttecounty.net/cob
PAGE 15 October 22, 2013