HomeMy WebLinkAboutM012616 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/26/2016
9:00 A.M.-CALL TO ORDER
Called to Order- Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville.
Members present: Supervisors Connelly, Wahl, Kirk, Lambert and Teeter
Pledge of Allegiance
Observation of a Moment of Silence.
CORRECTIONS AND/OR CHANGES TO THE AGENDA(NONE)
CONSENT AGENDA
3.01* Appointment to the Paradise Cemetery District—Supervisor Teeter nominates Nancy Rogers to fill the
remainder of a term for a vacant Trustee position. This vacancy is the result of a resignation —action
requested — APPOINT NANCY ROGERS AS TRUSTEE TO A TERM TO END JULY 31, 2016. (Board of
Supervisors)
3.02* Appointment to the Kimshew Cemetery District—Supervisor Teeter nominates Diane Hoffman to fill
the remainder of a term for a vacant Trustee position. This vacancy is the result of a resignation —
action requested —APPOINT DIANE HOFFMAN AS TRUSTEE TO A TERM TO END JULY 1, 2018. (Board
of Supervisors)
3.03* Capital Asset Surplus -The Clerk-Recorder Department requests the Board of Supervisors to declare
surplus several capital assets as detailed on the staff report, including various printers, scanners, a
server rack, and a security system. The surplus equipment is no longer useful to the Clerk Recorder
Division in any capacity—action requested—1) DECLARE CAPITAL ASSET ITEMS SURPLUS TO THE NEEDS
OF THE COUNTY; AND 2) DIRECT THE ITEMS TO BE REMOVED FROM THE CAPITAL ASSET INVENTORY
LIST; AND 3)AUTHORIZE DISPOSAL IN ACCORDANCE WITH COUNTY POLICY. (Clerk-Recorder)
3.04* Employment Contract - Director, Child Support Services - The Board of Supervisors is requested to
approve the Employment Contract with Sean Farrell, Director - Child Support Services. The annual
salary for the position is $150,233, with a 2% increase effective February 11, 2017. The term of the
contract is February 13, 2016 through February 12, 2019—action requested-APPROVE THE CONTRACT
AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
3.05* Continuation of Local Drought Proclamation - On July 22, 2015, the Chief Administrative Officer
declared a local emergency caused by drought,which was proclaimed by the Governor on January 17,
2014. On July 28, 2015 the Board of Supervisors reaffirmed and ratified the proclamation of local
emergency associated with drought. State law requires that the Board of Supervisors review the need
for continuing the local emergency every 30 days. As the state continues through its fifth year of
drought, Butte County is feeling the effects as there continue to be landowners with dry wells. At this
point, the final duration of the emergency has not yet been determined — action requested —
CONFIRM THE NEED FOR CONTINUING THE PROCLAMATION OF A LOCAL EMERGENCY; AND ADOPT
RESOLUTION AND AUTHORIZE CHAIR TO SIGN. (County Administration)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/26/2016
3.06* Approval of Minutes — action requested — APPROVE NOVEMBER 24, 2015 MINUTES. (County
Administration)
3.07* Contract for Legal Representation to Retain Attorney Services - David Kennedy, Children Services -
Request approval of and authorize the Chair to sign a tenth amendment to Agreement to Retain
Attorney Services between County of Butte and David Kennedy for services performed relating to
Children's Services Division. This amendment specifies that Mr. Kennedy provide the following
services: representation of Children Services on appeals and writs as assigned; review of the clerk's
transcript and reporter's transcript;and subsequent preparation of any required responsive briefs. For
such additional representation, Mr. Kennedy shall be compensated at a rate of$100 per hour, up to
$1,000 per appeal or writ.The effective date of this amendment is January 26, 2016—action requested
— APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY AUDITOR-
CONTROLLER. (County Counsel)
3.08* Third Amendment to Agreement to Retain Attorney Services - Porter-Scott - Request approval of a
third amendment to Agreement to Retain Attorney Services with Porter-Scott. The amendment
increases the hourly rate for legal services performed to: Partners: $205, Associates: $190 and
Paralegals and Law Clerks: $100. The effective date of these changes is January 1, 2016 — action
requested — APPROVE AND RATIFY AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY AUDITOR-CONTROLLER. (County Counsel)
3.09* Contract for Legal Representation of the County of Butte (DESS, Children Services) - Fritzgerald
Javellana - Request approval of an agreement with Fritzgerald Javellana for attorney services for
County of Butte Department of Employment and Social Services (DESS)/Children Services relating to
legal counsel regarding a wide variety of legal and administrative issues. Compensation is $6,003.96
per month, and the term of the agreement is January 26, 2016 to June 30, 2018. This replaces the
contract with Kimberly J. Merrifield who has been appointed to the Butte County Superior Court —
action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY AUDITOR-CONTROLLER. (County Counsel)
3.10* Adoption of an Ordinance Amending Butte County Code Section 35-5 of the Butte County Code entitled
"Right to Farm Ordinance"— In 2015,the California Legislature enacted Senate Bill 643,and Assembly
Bills 243 and 266,which,among other things,established the Medical Marijuana Regulation and Safety
Act(codified as California Business and Professions Code sections 19300 et seq.). As part of Assembly
Bill 243, section 11362.777 was added to the California Health and Safety Code, which states that for
purposes of section 11362.777 of the Health and Safety Code, as well as Chapter 3.5 of the California
Business and Professions Code, medical cannabis is an agricultural commodity. The proposed
amendment to the Butte County's Right to Farm ordinance as set forth in Chapter 35 of the Butte
County Code would confirm that for purposes of the County's Right to Farm ordinance,the cultivation
of marijuana is not an agricultural operation—action requested—ADOPT ORDINANCE AND AUTHORIZE
CHAIR TO SIGN. (County Counsel)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/26/2016
3.11* Adoption of an Ordinance Amending Butte County Code Section 34A entitled "Restrictions on
Cultivation of Medical Marijuana" - Based on the lessons learned during the enforcement of the
County's medical marijuana cultivation ordinance through the 2015 marijuana growing season, the
County Counsel's office presents amendments to the ordinance in an effort to clarify and streamline
the enforcement provisions. Amendments include: 1) Combine the issuance of administrative
penalties with the nuisance abatement process, so that officers no longer need to issue citations;
instead, the 72-Hour Notice to Abate will inform the owner/tenant that they are subject to an
administrative civil penalty of$500 per day,and the Notice of Nuisance Abatement Hearing will inform
the owner/tenant that the administrative civil penalty has increased to $1,000 per day. The amount
of penalties will be determined at the nuisance abatement hearing; 2) Only require the County to
prove that a violation existed at the time the matter was set for hearing, and not at the time the
hearing is actually held. This should reduce the need for re-inspections, and will allow the County to
recover its costs in being forced to set the matter for hearing; 3) Provide for administrative civil
penalties to be recoverable through the lien process; and 4) Change the time owners/tenants have to
abate the nuisance to 10 days from the date the hearing officer's decision is placed in the mail—action
requested—ADOPT ORDINANCE AND AUTHORIZE CHAIR TO SIGN. (County Counsel)
3.12* Budget Adjustment for Grant Augmentation Funds -Victim Assistance Program - In October 2015 the
California Governor's Office of Emergency Services-Victim Witness Unit, informed counties that
additional Victims of Crimes Act (VOCA) program funding would be available for fiscal year (FY) 2015-
16 to provide additional and/or enhanced services for victims of crime. Butte County applied for the
grant augmentation, and was awarded an additional $64,543 for the current fiscal year. Board
approval is requested for an adjustment to the District Attorney-Victim Assistance budget to accept
and appropriate the additional revenue. The funds will be used to provide increased advocacy services
—action requested—APPROVE BUDGET ADJUSTMENT. (4/5 vote required) (District Attorney)
3.13* Memorandum of Understanding(MOU) between BCDBH and DESS-Treatment, Referral,Assessment,
Case Management (TRAC) - Approval is requested for an MOU with Butte County Department of
Behavioral Health (BCDBH) to provide mental health and/or alcohol and drug treatment services for
children, their parents and family members who are at risk of child abuse and in need of prevention
or intervention services. All clients served will be referred by DESS Children's Services and the
Substance Abuse Assessment Referral program. It is anticipated that this MOU will provide services
to approximately 300 persons on an annual basis. The term of this agreement is January 26, 2016
through June 30, 2018 with a maximum payment amount of $1,762,000 ($352,400 for FY 2015-16,
$704,800 for FY 2016-17 and $704,800 for FY 2017-18) — action requested — APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (DESS)
3.14* Resolution Recognizing Employment and Eligibility Staff Week-The Director of DESS requests adoption
of a resolution recognizing the week of January 25, 2016 as Employment and Eligibility Staff week—
action requested—ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (DESS)
SUPERVISOR KIRK READ THE RESOLUTION, CATHI GRAMS, DEPARTMENT OF EMPLOYMENT AND SOCIAL SERVICES
DIRECTOR ACCEPTED THE RESOLUTION.
SEAN FARRELL, NEWLY APPOINTED CHILD SUPPORT SERVICES DIRECTOR,THANKED THE BOARD
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/26/2016
3.15* Fiscal Year 2015-16 Budget Adjustments — The Department is requesting approval of a budget
adjustment as follows: 1) Appropriate $16,000 in unanticipated revenue to be used as a contracted
service for care and case management to frail elderly and functionally impaired adults to help prevent
or delay placement in nursing facilities; 2) Appropriate $286,275 in unanticipated revenue from the
Foster Parent Recruitment, Retention and Support (FPRRS) program. These funds are used for
caregiver supports, respite care, mentoring, foster parent recruiter, exceptional child wellbeing
activities, foster parent recruitment and retention program, and family finding and engagement
services; and 3) Appropriate $21,000 in unanticipated revenue from the welfare fraud incentive fund
to purchase a full-size sedan for program needs—action requested—APPROVE BUDGET ADJUSTMENT
(4/5 vote required)AND AUTHORIZE CAPITAL ASSET PURCHASE. (DESS)
3.16* Agreement with Regents of the University of California - UC Davis for Consultation and Coaching
Services - Approval is requested for an agreement with Regents of the University of California (UC
Davis) to provide consultation and coaching services to DESS staff. UC Davis will provide consultation
and technical assistance to County child welfare social workers, supervisors, and program managers
as it relates to Safety Organized Practice strategies and tools, and best practice implementation. The
term of the agreement shall be February 1, 2016 through June 30, 2016 with a maximum payable
amount of$28,155—action requested—APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (DESS)
3.17* Award of Contract to Allana, Buick and Bers, Inc. - Roof Designs at 25 County Center Drive, Oroville -
The offices located at 25 County Center Drive, in Oroville, are comprised of three buildings connected
by the atrium. The roof on the North building was replaced two years ago, and now the roofs on the
East and the Southwest buildings have failed and are no longer serviceable exposing the facility to
water intrusion damages. Staff recommends that the Board approve a $48,782 contract with Allana,
Buick and Bers, Inc.,a firm specializing in building exterior facade, roofing and waterproofing systems,
to develop a design for the two roofs to improve drainage and to improve the roof safety system to
meet current safety requirements for staff servicing roofing components in the future. Funding is
included within the General Services FY 2015-16 Budget and no additional appropriation is required—
action requested—APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (General Services)
3.18* Contract Award to LPA, Inc. to Provide Design Services for the Oroville Government Campus
Infrastructure Project - In the past year, challenges resulting from obsolete infrastructure have
affected County operations on the Oroville Government Campus on numerous occasions.The Oroville
Government Campus Master Plan, accepted by the Board on August 28, 2012, identified numerous
infrastructure improvements that are necessary in the Oroville Government Campus to sustain existing
County facilities and to be prepared for future facilities needs.These proposed improvements include
street, pedestrian, wayfinding, utility and lighting upgrades along County Center Drive that are best
designed and constructed in a coordinated plan. After an extensive selection process, staff
recommends that the Board award the contract for the design phase of Oroville Government Campus
Infrastructure Project to LPA, Inc., with a not-to-exceed amount of$315,000. Once the improvements
are designed, staff will return to the Board for approval of the construction contract. Funds for this
design phase are included within the approved Capital Project budget and no additional appropriation
is required—action requested—APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (General Services)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/26/2016
3.19* Budget Adjustment for Phase II Environmental Analysis of 1951 Locust Street, Chico - Subsequent to
the relocation of the Chico Public Works Yard, the County is considering future plans for the previous
site located at 1951 Locust Street. Part of the considerations for future plans require that a Phase II
environmental analysis be completed to analyze soil and other site conditions. Staff recommends that
the Board approve a $29,900 Budget Adjustment from Public Works to General Services to allow
General Services to complete the analysis—action requested—APPROVE BUDGET ADJUSTMENT. (4/5
vote required) (General Services)
3.20* Budget Adjustment to Replace the HVAC and Lighting Controls System at 202 Mira Loma Drive,Oroville
-The Department of Employment and Social Services and the Public Health Department lease space
at 202 Mira Loma Drive in Oroville for various County programs. Under the terms of the lease
agreement, the County pays for gas and electricity and is responsible for maintenance of the heating,
ventilation and air conditioning(HVAC) and lighting controls that consume the gas and electricity.The
existing control system is 15 years old, is no longer serviceable, and does not allow for energy
conservation aimed at reducing the cost of utilities. Staff recommends that the Board approve a
$51,000 budget adjustment to move funding from the FY 2015-16 DESS and Public Health budgets to
General Services to allow General Services to replace the controls system with a modern and efficient
system, consistent with other county maintained buildings — action requested — APPROVE BUDGET
ADJUSTMENT (4/5 vote required); AND APPOINT THE GENERAL SERVICES DIRECTOR AS THE OFFICER
OF THE PROJECT. (General Services)
3.21* Contract Award to Modern Building, Inc. for the Public Health Office Remodel at 78 Table Mountain
Boulevard, Oroville -The Public Health Clinic, located at 78 Table Mountain Boulevard in Oroville, CA
is in need of a renovations to increase efficiency and to better serve their clients. Bids were received
from three firms as follows: 1) Modern Building, Inc. - $159,335; 2) Buskirk Construction, Inc. -
$165,982; and 3) Hometown Construction, Inc. - $198,484. Staff recommends that the contract be
awarded to the lowest responsive bidder, Modern Building, Inc. of Chico in the amount of$159,335.
The detailed plans and specifications are available for review in the General Services Department office
— action requested — 1) APPROVE THE PLANS AND SPECIFICATIONS FOR THE PUBLIC HEALTH OFFICE
REMODEL, RFQ NO. 53-16; 2) APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW OF COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 3) APPOINT THE
GENERAL SERVICES DIRECTOR AS THE OFFICER OF THE PROJECT. (General Services)
3.22* Award of Contract for County Library Architectural Design Services to NorthStar Engineering, Inc.—On
November 24, 2015, the Board approved the Butte County Library Radio Frequency Identification
(RFID) project. Part of the project entails facility modifications at the Chico branch to install automated
materials handling and sorting equipment that will improve efficiency throughout the Butte County
Library system. In addition, several other interior improvement projects funded primarily by the
Friends of the Library have also been planned in the approved FY 2015-16 budget for the Chico Library,
including the installation of a revised Public Computer Center, Public Media Center, Reference Center
and Public Teen Center. Staff plans to utilize a single design firm for the series of modifications to
ensure a consistent design throughout the planned projects. Staff recommends that the Board award
the not to exceed$16,450 design contract to NorthStar Engineering for the development of schematic
design and final construction documents and for construction administrative services through
construction. Funds are included in the current Capital Project budget, and no additional
appropriation is required—action requested—APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (General Services)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/26/2016
3.23* Facility Sub License Agreement: Fire Station 10 and Butte Meadows and Jonesville Community
Association -Volunteer Fire Station 10, located at 7680 Humboldt Road in Butte Meadows, is on land
licensed to the County by Sierra Pacific Industries and in a facility originally constructed by the Butte
Meadows and Jonesville Community Association (Association). In addition to an active volunteer crew,
the facility is regularly used by the Community Association for fundraising to assist the volunteer
firefighters and for other community based activities.Staff recommends that the Board approve a sub-
license agreement, with a term extending to January 25, 2041 to formalize the use of the facility by
the Association — action requested — APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (General Services)
3.24* Employee Relations, Inc. Agreement — Request approval of an agreement with Employee Relations,
Inc. for the provision of background screening and pre-employment services. The agreement has the
same terms set forth in the RFP (No. R-316-15) completed by Solano County for these services. The
term of the new agreement is upon the last date executed by the County through June 30, 2018. The
$49,999 not-to-exceed agreement amount is based on anticipated services — action requested —
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER. (Human Resources)
3.25* Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following departments: Human Resources,
Administration and Employment and Social Services.These changes will increase the total allocations
in the County by 1 FTE:
HUMAN RESOURCES: The Human Resources Department is requesting to add the classification of
Associate Clerk of the Board (Class Code 1007 with a salary range of 40 to Section 57, Reference F
(Effective 01/02/2016) of the Salary Ordinance titled, "Confidential" Unit. These changes have been
agreed to by Human Resources and the applicable employee group. The Human Resources
Department is requesting to delete the classification of Associate Clerk of the Board (Class Code 1007
with a salary range of 40 to Section 57, Reference E (Effective 01/02/2016) of the Salary Ordinance
titled, "Butte County Management Supervisory Unit BCMEA". These changes have been agreed to by
Human Resources and the applicable employee group.
ADMINISTRATION: Concurrent with Human Resources requests above, the Administration
Department is requesting to delete one (1) Manager, Support Services-C and to add one (1) flexibly
staffed,Associate Clerk of the Board, Administrative Assistant, Senior-C,Administrative Assistant-C to
provide more flexibility within the position and to better meet the needs of the department.The total
allocations in the department will remain unchanged and there will be no budget impact on the
General Fund.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/26/2016
EMPLOYMENT AND SOCIAL SERVICES: The Department of Employment and Social Services is
requesting to add one (1) Supervisor, Social Work. State regulations require counties to complete
qualitative case reviews. This position will be added to the Continuous Quality Improvement (CQI)
unit. State guidelines also recommend that these positions be at a supervisor or higher level to ensure
the reviewers are not responsible for service delivery or decision making for the cases or referrals
being reviewed.This addition will increase the total allocations by one (1) and there will be no budget
impact on the General Fund—action requested—ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (Human Resources)
3.26* Contract for Library Branch-to-Branch Courier Services with Discount Mail Service, Inc. (DMS) - In
November 2015 the Library solicited for proposals in search of a dedicated courier service for the
County's five Library branches. Four vendors responded to the request for proposal. The contract was
awarded to Discount Mail Service, Inc. (DMS) who submitted a proposal for $1,452 per month. In
addition, DMS demonstrated an understanding of the needs of Library delivery services. DMS will
provide dedicated delivery services to the five branches, three days a week and alternate days during
holidays. The term of the contract is February 1, 2016 through January 31, 2018, for a not-to-exceed
amount of$36,000—action requested—APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Library)
3.27 Medi-Cal Managed Care Program Participating Provider Agreement with Celtic Insurance Company for
Public Health Clinics - Requested is approval of a Medi-Cal Managed Care Program Participating
Provider Agreement with Celtic Insurance Company for the Public Health Clinics. Celtic Insurance
Company is the parent company of California Health and Wellness, a Medi-Cal Managed Care
insurance plan serving Butte County. Currently, the Public Health Clinics have the ability to provide
reproductive health services to the Managed Medi-Cal population without being a contracted
provider. In order to continue to provide additional services, such as Sexually Transmitted Disease
(STD) Treatment, Tuberculosis Test, Pre-Employment Physicals, etc., Public Health must be a
contracted provider. The department currently provides these services but must obtain prior
authorization for each client which can slow down the ability to provide services in a timely fashion.
Once the department is a contracted provider, most services will not require prior authorization from
Celtic Insurance Company. Entering into this agreement will also give the department the opportunity
to expand services in the future to assist in meeting the needs of Butte County residents — action
requested — APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Health)
3.28 Surplus Modular Furniture - The Public Health department requests the Board of Supervisors to
declare as surplus the following capital asset: modular furniture, which was purchased in 2007 for
$7,280.76. The furniture is no longer needed by the department due to a reconfiguration and use of
the space where the furniture is currently located. Therefore, the item is no longer needed and, if
approved, can be sent to County surplus— action requested — 1) DECLARE CAPITAL ASSET ITEM NO.
27529 AS SURPLUS; 2) DIRECT THE ITEM TO BE REMOVED FROM THE CAPITAL ASSET INVENTORY LIST;
AND 3) AUTHORIZE THE TRANSFER TO COUNTY SURPLUS IN ACCORDANCE WITH COUNTY POLICY.
(Public Health)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/26/2016
3.29* Approve Update of Public Works Capital Projects for Fiscal Year 2015-16—The Board of Supervisors
approves the Proposed Work Program for road and bridge projects each year with the adopted budget.
As the year progresses, projects may be delayed or added based on factors impacting project delivery
or funding. Public Works Staff recommends adding two construction projects to the Proposed Work
Program for FY 2015-16: 1) Durham-Dayton Hwy at Oro-Chico Hwy/Book Farm Road - Intersection
Improvements -With the construction of the new FedEx distribution facility at the southwest corner
of the Durham-Dayton Highway interchange at Hwy 99, it is necessary to provide left turn pockets for
this new development and future developments at the intersection of Durham-Dayton Hwy,Oro Chico
Hwy and Books Farm Road. The improvements are necessary because of the development and,
therefore, it is appropriate to use the County Wide Transportation impact fees to pay for this work.
Public Works recommends this project be added to the list of projects funded by the County Wide
impact fees.The Department will design the improvements this winter/spring with plans to construct
the improvements during the summer; and 2) CSA 4 Overlay Project -Creston Road in Paradise Pines
- In 2015, the Board added the service of Road Maintenance to the services provided by CSA 4 in the
Paradise Pines area. The addition of this service to CSA 4 had to be approved by LAFCO, which was
completed after the approval of the Department's current budget. Public Works recommends adding
a project to overlay one of the main collector roads in the area. The Department plans to put the
project out to bid this spring with work to be completed during late summer — action requested —
APPROVE UPDATE OF ROAD FUND PROPOSED WORK PROGRAM FOR FY 2015-16. (Public Works)
3.30* Agreement with Golder Associates, Inc. -The operator of the landfill gas to energy facility, Ameresco,
contracts with Golder Associates to provide well field "tuning"to maximize gas collection for its energy
plant. Golder provides this service once per month. Under local, state, and federal air quality
regulations, Neal Road Recycling and Waste Facility (NRRWF) is required to monitor and report
parameters of landfill gas wells once per month as well to determine compliance with regulations.
NRRWF staff and Ameresco staff have found that twice per month tuning of the wells has provided
the best quality gas and volume allowing the energy plant to maximize electricity generation. When
the amount of electricity is increased, the County benefits in higher royalties from the sale of energy.
The proposed contract, with a three year not-to-exceed amount of$64,077, would allow Golder to
monitor and make adjustments to the wells twice per month; one visit paid by Ameresco and the
second visit paid by the County. Should a gas well be found to be out of compliance, the contractor
could make adjustments and monitor for compliance during the next visit,which could save the County
money by avoiding off-schedule,follow-up monitoring fees. NRRWF contracts with SCS Engineers(SCS)
for environmental compliance reporting services. SCS will continue to do NRRWF's compliance
reporting. Golder will provide SCS with the monthly monitoring data for the landfill gas wells to
incorporate into required reports — action requested - APPROVE AGREEMENT AND AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO SIGN ON BEHALF OF THE COUNTY AFTER REVIEW BY COUNTY
COUNSEL. (Public Works)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/26/2016
3.31* Technical Collaboration on Interconnected Subbasins to Advance Sustainable Groundwater
Management - The Sustainable Groundwater Management Act of 2014 (SGMA) went into effect on
January 1, 2015. Butte County is a Groundwater Sustainability Agency(GSA)for the subbasins in Butte
County. The subbasins in the Sacramento Valley are interconnected with those in Butte County to
varying degrees. One of the more complex issues to implement in regard to SGMA involves how GSAs
in adjoining subbasins will account for the interaction between their respective subbasins. To address
this issue, Butte County received a grant award of$85,000 from the Water Foundation program of the
Resources Legacy Fund to conduct a project entitled, "Northern Sacramento Valley IRWM Inter-Basin
Data and Modeling Coordination." The project is a technical assessment of how groundwater
modeling approaches address interconnections between 11 subbasins in the northern Sacramento
Valley. The project will provide recommendations to account for inter-basin interactions, document
recommended methodologies, and provide a case study and appraisal ("lessons learned") to address
interconnected subbasin issues. The Department will complete the project using consultant services
—action requested—APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET ADJUSTMENT (4/5
vote required). (Water and Resource Conservation)
3.32* Drought Task Force Report- In 2004, Butte County adopted the Drought Preparedness and Mitigation
Plan (Resolution 04-200). A key element of the Plan was the creation of the Drought Task Force(DTF).
The charge of the Drought Task Force is to monitor hydrologic conditions throughout the water year
and report the findings to the Water Commission and the Board of Supervisors biannually, quarterly,
or monthly as needed. On January 17, 2014, Governor Brown declared a statewide drought
emergency and issued an executive order. On January 31, 2014, Butte County activated the Drought
Emergency Operation Center. The Drought Action Plan is currently in a Level 1 response and has a two
week operational period. The DTF met on December 7, 2015 to discuss fall groundwater level
measurements, hydrologic conditions, drought impacts, and state drought restrictions. The report of
DTF December 7, 2015 meeting was presented to the Butte County Water Commission on January 6,
2016. The DTF and Water Commission do not have any recommendations for the Board of Supervisors
at this time. The DTF will meet next in the spring of 2016 — action requested — ACCEPT FOR
INFORMATION. (Water and Resource Conservation)
3.33* First 5 Butte County Children and Families Commission(BCCFC) FY 2014-15 Annual Audit and Financial
Statements and Annual Report — First 5 BCCFC submits the FY annual audit reports and financial
statements as per Ordinance 3555, Butte County Code 2-100.70(d). The Commission held a public
hearing and accepted the audit report. Also submitted is the FY 2014-15 Annual Report — action
requested—ACCEPT FOR INFORMATION. (Other departments/agencies)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. (Motion: Kirk; Second:Teeter)
VOTE: Motion APPROVED 5 -0
PAGE 9
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/26/2016
REGULAR AGENDA
4.01* Boards, Commissions and Committees
A. Appointments to Listed Vacancies (NONE)
B. Board Member/Committee Reports and Board Member Comments JNONE)
(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/Legislative Issues by the Chief Administrative Officer - action requested -
PROVIDE DIRECTION TO STAFF.
Chief Administrative Officer Paul Hahn reviewed Governor Brown's State of the State address. He also
highlighted the upcoming presentation by Christy Moore at the next BCAG meeting regarding the
federal legislative platform. Lastly, Mr. Hahn noted that the Fiscal Year 2016-17 budget process has
begun.
4.03 Items Removed from the Consent Agenda for Board Consideration and Action (NONE)
4.04* Electronic Payment Policy - Electronic payments are currently accepted on a limited basis by the
County. Such payments are typically made through a third party vendor and require customers to
pay a "convenience fee" of varying amounts. This additional fee has proven to be a strong
disincentive to making electronic payments,even as departments add more on-line services and seek
to increase efficiency. A number of County departments have indicated a desire to accept electronic
payments at no additional cost to customers. The elimination of convenience fees should result in
increased utilization of on-line payments and enhance customer service. The Support Services
Coordination Team recommends establishing a policy allowing departments to absorb the costs of
electronic payments as a cost of doing business when there is a business case for doing so. Consistent
with the costs related to accepting cash and checks, the costs of electronic payments would be
absorbed into the departments' budgets and/or included in user fee calculations. The Permit
Streamlining and Communications Work Teams have each expressed strong support for such a policy
—action requested -APPROVE POLICY(County Administration)
MEEGAN JESSEE, DEPUTY ADMINISTRATIVE OFFICER,PROVIDED A REPORT.
PEGGY MOAK,TREASURER-TAX COLLECTOR,ADDRESSED THE BOARD.
MOTION: I MOVE TO APPROVE THE POLICY. (Motion: Kirk; Second: Lambert)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/26/2016
PUBLIC HEARINGS AND TIMED ITEMS
5.01* 9:30 a.m. — Public Hearing - Itemized Cost of Medical Marijuana Nuisance Abatement Enforcement
to Record a Lien and Impose a Special Assessment-On November 6,2014,a Hearing Officer declared
a public nuisance existed on the property listed below. This hearing has been scheduled to authorize
the Board of Supervisors to record a lien to recover the County's costs on the following property:
Jordan Hill Road, Oroville CA; APN 058-160-123; Case # CE14-0153. The lien amount is
$5,446.60. Due to noticing requirements that were not met, the Department requests to continue
the hearing until February 9, 2016 at 9:30 a.m.—action requested—CONTINUE ITEM TO FEBRUARY
9, 2016 AT 9:30 A.M. (Development Services)
TIM SNELLINGS, DEVELOPMENT SERVICES DIRECTOR, REQUESTED TO CONTINUE OF THIS AGENDA ITEM TO FEBRUARY
23, 2016,AT 930 AM.
MOTION: I MOVE TO CONTINUE THIS ITEM TO FEBRUARY 23, 2016 AT 9:30 AM.
(Motion:Teeter; Second Lambert)
VOTE: Motion APPROVED 5 -0
5.02* 9:40 a.m. — Public Hearing — Adopt a Mitigated Negative Declaration for the Midway Bridge
Replacement Project at Butte Creek — The Butte County Department of Public Works proposes to
construct a new highway bridge, approximately 1,600 feet long, on the Midway that will span both
Butte Creek and the Butte Creek Overflow channel. This project will replace two existing bridges
originally constructed in 1915 and 1918. The proposed project will construct the new bridge just
downstream and parallel to the existing bridges which allows the Midway to remain open to traffic
until the new bridge is complete. The California Environmental Quality Act (CEQA) requires an
environmental analysis of all projects that are not categorically exempt from analysis and which may
have an effect on the environment. The Initial Study and supporting environmental studies provide
justification for a Mitigated Negative Declaration pursuant to CEQA.The Proposed Mitigated Negative
Declaration has been prepared in accordance with CEQA and the State CEQA Guidelines. During the
December 8, 2015 Public Hearing to consider adopting the Proposed Mitigated Negative Declaration,
the Board heard requests from the public to consider replacing the bridge along its existing alignment.
This would require closing the Midway and providing detours for approximately 18 months. The
Board continued the Public Hearing to January 26, 2016 to allow for additional community meetings
and outreach on the proposed project and alternate alignments. Additional community meetings
were held in Richvale on December 17, 2015 and Durham on January 21, 2016. Public Works
recommends the Board approve the new bridge to be built directly downstream from the existing
bridges and keep the Midway and old bridge open during construction, which will provide access for
approximately 1,200 vehicles per day on the route — action requested — ADOPT THE MITIGATED
NEGATIVE DECLARATION FOR THE MIDWAY BRIDGE REPLACEMENT PROJECT AT BUTTE CREEK
COUNTY PROJECT 26311-09-1, FEDERAL BRIDGE REPLACEMENT PROJECT BRLS-5912 (085),
REGARDING ENVIRONMENTAL IMPACTS, ALONG WITH FINDINGS LISTED IN THE STAFF REPORT AND
AUTHORIZE THE CHAIR TO SIGN ATTACHMENT G OF THE MITIGATED NEGATIVE DECLARATION.
(Public Works)
MIKE CRUMP, PUBLIC WORKS DIRECTOR, INTRODUCED THE ITEM.
JASON JURRENS,OF QUINCY ENGINEERING, PROVIDED A REPORT.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/26/2016
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD:
MARK KIMMELSHUE, DANIEL ROBINSON, MIKE SONRY, HARRY LINHAHLJR., ED,AND COREY DAVIS.
MOTION: I MOVE TO ADOPT THE MITIGATED NEGATIVE DECLARATION FOR THE MIDWAY BRIDGE
REPLACEMENT PROJECT AT BUTTE CREEK COUNTY PROJECT 26311-09-1, FEDERAL
BRIDGE REPLACEMENT PROJECT BRLS-5912 (085), REGARDING ENVIRONMENTAL
IMPACTS, ALONG WITH FINDINGS LISTED IN THE STAFF REPORT AND AUTHORIZE THE
CHAIR TO SIGN ATTACHMENT G OF THE MITIGATED NEGATIVE DECLARATION.
(Motion: Lambert; Second: Wahl)
VOTE: Motion APPROVED 5—0
5.03* 10:00 a.m.—Timed Item— Oroville Veterans Memorial Park Next Construction Phase Scope of Work
and Funding Options - The Veterans Memorial Park Committee (Committee), a non-profit
organization,was formed in 2001 to bring the concept of the Oroville Veterans Memorial Park for all
of Butte County to fruition. Since that time, funds in excess of$1 million have been assembled from
grants, donations and general fund allocations for the Project. In October 2015, the Veterans
Memorial Park Committee was awarded $112,000 from a Supplemental Benefits Funds (SBF) grant
with a required match of$ 46,750. The Committee has agreed to donate SBF grant money and the
$46,750 held in Committee reserves to the County in exchange for the County completing the next
phase of the construction project. However, the combined $158,750 is not sufficient for completing
the next phase. The County may choose to reject the donation offered. If the donation is accepted,
the County must then determine which scope of work to complete, each with a different County
contribution. Staff recommends that the Board approve the scope of work associated with
completing the entire next phase of the project, which will make the park usable by the public and
include the construction of a Wall of Honor that will increase fundraising opportunities. This option
will require $219,250 from General Fund Contingencies. Additional details are included the staff
report—action requested—1)APPROVE STAFF RECOMMENDATION TO COMPLETE THE ENTIRE NEXT
PHASE OF THE PROJECT; 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED) INCLUDING
$219,250 FROM GENERAL FUND CONTINGENCIES; AND 3) DIRECT STAFF TO RETURN TO THE BOARD
FOR APPROVAL/ EXECUTION OF NECESSARY DOCUMENTATION
GRANT HUNSICKER,GENERAL SERVICES DIRECTOR, PROVIDED A REPORT.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: MORRIS MCFARLAND,AND STEW SHANER.
MOTION: I MOVE TO: 1)APPROVE STAFF RECOMMENDATION TO COMPLETE THE ENTIRE NEXT PHASE
OF THE PROJECT; 2)APPROVE BUDGET ADJUSTMENT INCLUDING$219,250 FROM GENERAL
FUND CONTINGENCIES; AND 3) DIRECT STAFF TO RETURN TO THE BOARD FOR APPROVAL/
EXECUTION OF NECESSARY DOCUMENTATION.
(Motion: Connelly; Second: Wahl)
VOTE: Motion APPROVED 5 -0
PUBLIC COMMENT
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: MATT BASSIOR.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/26/2016
Recess
Recess as the Butte County Board of Supervisors and convene as the Butte County In-Home Supportive Services
Public Authority Board
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
AGENDA
JANUARY 26, 2016
1. Call to Order- Butte County Board of Supervisors Chambers, 25 County Center Drive, Oroville.
2. Consent Agenda
2.01* Fiscal Year 2015-16 Budget Adjustment - On February 1, 2016, the Federal Fair Labor Standards
Act (FSLA) and requirements set forth by California Senate Bill 855 (SB 885)will be implemented,
which will require the California Department of Social Services (CDSS)to monitor and administer
FLSA standards for In-Home Support Services (IHSS) providers. SB 855 places primary
responsibility for monitoring provider hours and administering the FLSA standards on County staff
(IHSS Social Workers and administrative support staff) as well as Butte County Public Authority
staff. The anticipated workload increase for the Butte County Public Authority (PA) creates an
operational need for the addition of one contractual Public Authority Services Specialist/ Public
Authority Services Specialist Aide position. This new contracted Public Authority position will help
to provide for expanded recruitment efforts, maintenance of an expanded list of providers
seeking employment, and increased capacity for referrals connecting providers with consumers.
The Department requests the IHSS PA Board to approve a $24,200 budget adjustment to provide
for the new contracted position. The IHSS PA Board will be requested to approve the contracted
position at a future date — action requested — APPROVE BUDGET ADJUSTMENT. (4/5 vote
required)(Employment and Social Services)
2.02* Contract Execution with Pan American for Health Insurance Policy and Administrative Services —
The Butte County Public Authority and California United Healthcare Workers have agreed to
slightly modify/enhance the existing health plan and to extend the contract for the health plan
for the In-Home Support Service (IHSS) Workers. The term of the new plan is February 1, 2016
through January 31, 2017. The cost remains the same as the existing plan, which is $281/month
for each eligible provider up to a cap of 525 providers, with a not-to-exceed cost of$1,770,300
for the 12-month term. The revised term of the agreement is February 1, 2015 through January
31, 2017 with a maximum amount not-to-exceed $3,540,600 (an increase of $1,770,300) —
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND AUTHORIZE THE DEPARTMENT OF
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/26/2016
EMPLOYMENT AND SOCIAL SERVICES DIRECTOR, IN HER CAPACITY AS THE EX-OFFICIO IHSS PA
DIRECTOR, TO SIGN ALL ADMINISTRATIVE DOCUMENTS WHICH ARE NECESSARY TO IMPLEMENT
THE REVISED INSURANCE PROGRAM. (Human Resources)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. (Motion: Kirk; Second: Lambert)
VOTE: Motion APPROVED 5 -0
3. Regular Agenda (NONE)
4. IHSS PA Board Closed Session (NONE)
5. IHSS PA Board Public Comment (NONE)
Adiournment
Adjourn as the In-Home Supportive Services Public Authority Board and reconvene as the Butte County Board
of Supervisors.
BOARD OF SUPERVISORS CLOSED SESSION
7.01 ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(1) -2 CASES
1. SHARON NELSON v. COUNTY of BUTTE;WORKERS' COMPENSATION APPEALS BOARD LEGACY
CASE NO. ADJ7904335 (CLAIM NUMBER: BUAG-541777); AND
2. DANIELYOUNG v. COUNTY of BUTTE; WORKERS' COMPENSATION APPEALS BOARD LEGACY
CASE NO. ADJ8321113 (CLAIM NUMBER: BUAH-549727)
7.02 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 RESOURCE CONSERVATION DIRECTOR
PAGE 14
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 1/26/2016
7.03 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54956.8:
PROPERTY APN: A PORTION OF 031-040-039
AGENCY NEGOTIATOR: GRANT HUNSICKER
NEGOTIATING PARTY: BUTTE COUNTY OFFICE OF EDUCATION
NEGOTIATIONS:TERMS AND CONDITIONS OF CONVEYANCE
7.04 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54956.8:
PROPERTY APN: 003-180-021
AGENCY NEGOTIATOR: GRANT HUNSICKER
NEGOTIATING PARTY:JUDICIAL COUNCIL OF CALIFORNIA ADMINISTRATIVE OFFICE OF THE COURTS
NEGOTIATIONS:TERMS AND CONDITIONS OF CONVEYANCE
7.05 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
*There were no accouchements out of closed session.
THERE BEING NO FURTHER BUSINESS BEFORE THE
BOARD THE MEETING WAS ADJOURNED AND WILL
RECONVENE AT A REGULAR MEETING OF THE BOARD TO
BE HELD FEBRUARY 9, 2016.
BILL CONNELLY, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
PAGE 15