HomeMy WebLinkAboutM012913 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/29/2013
9:00 A.M.—CALL TO ORDER
Call 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 to the Flag of the United States of America.
Observation of a Moment of Silence.
1302-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
AT THE REQUEST OF SUPERVISOR KIRK, THE FOLLOWING ITEMS WERE REMOVED FROM THE
CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA: ITEM 3.27 (AGREEMENT WITH
SCS ENGINEERS)AND 3.31 (BUTTE COUNTY FAIR ASSOCIATION 2013 BUDGET).
AT THE REQUEST OF SUPERVISOR WAHL, ITEM 3.20 (LIBRARY ADVISORY BOARD
REAPPOINTMENTS)WAS REMOVED FROM THE AGENDA WITH NO ACTION TAKEN.
1302-002 CONSENT AGENDA
1. Youth for Change - HERE Program - Youth for Change (YFC) is a nonprofit, public benefit
organization which is licensed by the State of California to provide Specialty Mental Health
treatment and support services in the community.YFC specializes in community collaboration which
supports the healing of children and families. Butte County Department of Behavioral Health
(BCDBH) requests approval to renew its agreement with YFC for the provision to provide short-term
shelter care beds for Homeless Emergency Runaway Effort (HERE) Program youth. YFC will
guarantee two beds per day for the entire contract period to be made available for either male or
female clients, as determined by need. Provider shall ensure that homes providing beds are
appropriately licensed to provide foster care. YFC will provide a total of 399 bed days (321 bed days
in fiscal year 2012-13 and 78 bed days in 2013-14) at a cost of$75 per bed per day. The term of this
agreement shall be January 1, 2013, through September 29, 2013. The contract maximum is
$29,925 broken down as follows -$24,075 for fiscal year 2012-13 and $5,850 for 2013-2014.
2. Butte County Behavioral Health Board Reappointments - The 1st term membership has ended for
the following individuals on the Butte County Behavioral Health Board: Michael N. Ober, consumer
member; Lafayette S. Clark, family member; and Patricia Cragar and Cynthia Harvey, community
members. These members request reappointment to second term which will end on December 31,
2015.
3. Resolution in Support of HelpCentral.org's Application to the California Public Utilities Commission
regarding Butte County 2-1-1.
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/29/2013
4. District 1 Appointment to the Butte County Fair Board - Supervisor Connelly submits his request to
appoint Amy Jernigan as District 1 representative with a term to end January 2, 2017.
5. District 5 Appointment to the Butte County Housing Authority Board -Supervisor Teeter submits his
request to appoint Kathleen Anderson Ballou as District 5 Commissioner with a term to end January
2, 2017.
6. Resolution Supporting Renewal of the Oroville Recycling Market Development Zone -The California
Public Resources Code Section 42010 provides for the establishment of the Recycling Market
Development Zone (RMDZ) program. The RMDZ program combines recycling with economic
development to fuel new businesses, expand existing ones, create jobs, and divert waste from
landfills. This program provides attractive loans, technical assistance, and free product marketing to
businesses that use materials from the waste stream to manufacture their products and are located
in a zone. The various zones within California cover roughly 88,000 square miles from the Oregon
border to San Diego. The Oroville zone designation, which includes property in the unincorporated
area of the County, is set to expire in March 2013 unless re-designated by the CalRecycle Board.
The City of Oroville is preparing the necessary application for renewal, and has requested the
County supply a Resolution of Support for the application.
7. 3CORE Inc. - On March 27, 2012 the Board of Supervisors authorized the submittal of a CDBG
Enterprise Grant Application for the continuation of funding for the Butte County Micro-enterprise
Business Assistance Program, also known as the Butte County Business Incubator Program. Butte
County received notification that the CDBG Grant was awarded in the amount of $150,000 and
executed a grant agreement, effective December 21, 2012, with the State Department of Housing
and Community Development for continuation of the program. 3CORE has been implementing the
Butte County Business Incubator Program since the program's inception. The County of Butte
entered into a Master Subrecipient Agreement with 3CORE on February 1, 2001 to provide staff
services related to the CDBG Program. The Master Subrecipient Agreement requires that each time
a new activity is added to the agreement, it be incorporated as an Exhibit to the Master
Subrecipient Agreement. Staff recommends the approval of Exhibit 35 to the Master Subrecipient
Agreement between the County and 3CORE for $147,000 for staff services related to the
implementation of the Butte County Business Incubator Program. There is no budgetary impact for
FY 2012-13.
8. 3CORE Inc. - The County of Butte entered into a Master Subrecipient Agreement with 3CORE on
February 1, 2001 to provide staff services related to the Community Development Block Grant
(CDBG) Program. The Master Subrecipient Agreement provides that each time a revision is made to
the agreement; it must be incorporated as an Amendment to the Master Subrecipient Agreement.
Staff recommends the approval of Amendment 5 to the Master Subrecipient Agreement with
3CORE to extend the expiration date of the agreement from January 31, 2013 to September 30,
2017. Extending the term allows 3CORE to continue providing services for existing CDBG Programs
and for recently approved CDBG Grants, including the CDBG Enterprise Grant awarded to Butte
County December 21, 2012.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/29/2013
9. Budget Adjustment - In order to comply with Governmental Accounting Standard requirements and
generally accepted accounting practices, the County changed its year-end process at the end of
fiscal year (FY) 2011-12 so that contracts and purchase orders encumbered in FY 2011-12 did not
automatically roll-over and create new appropriations in FY 2012-13. This change in the year-end
process meant departments had to estimate what they expected to spend out of the contract or
purchase order in FY 2011-12 and then include the balance in their FY 2012-13 requested budget.
Three FY 2011-12 Fish and Game Commission grant contracts require payment in FY 2012-13 that
were not anticipated in the requested budget. A budget adjustment increasing appropriation of
$6,257 using Fish & Game fund balance is requested.
10. Anderson & Associates, Inc.- Agreement for Financial System Evaluation -The County is planning a
gap analysis and business process review related to the County's current financial system. Due to
staffing resource constraints and a need for an independent, objective review of the current
system, the County published a Request for Proposals (RFP) for a consultant to facilitate and
manage the project, and to provide the necessary independent review. A Steering Committee
consisting of the Chief Administrative Officer (CAO), Auditor-Controller, Treasurer-Tax Collector,
Chief Financial Officer, and the Directors of the Information Systems, General Services and Human
Resources Department reviewed the proposals submitted and recommends contracting for the
expertise of Mike Carver and Mark Conry,through Anderson &Associates. The contract is for a not-
to-exceed price of $33,792 with an anticipated end date of June 30, 2013. The contract will be
funded out of existing appropriations in the department's budget.
11. Employment Contract - Cathy Raevsky, Public Health Director - Request for approval of an
employment contract with Cathy Raevsky as Public Health Director. The initial salary of the position
is $142,500 per year.The initial term of the contract is March 4, 2013 through March 3, 2016.
12. Employment Law Counsel, LLP - Request approval and ratification of and authorize the Chair to sign
Agreement to Retain Attorney Services between County of Butte and Employment Law Counsel, LLP
for services performed relating to personnel investigations. The effective date of the agreement is
December 19, 2012. The hourly rate is$150.00 -RATIFY AGREEMENT. (County Counsel)
13. Accept Unanticipated Revenue - A long standing arrangement for the provision of extra help
employees for the Butte Interagency Narcotic Task Force (BINTF) has been for the District Attorney
to hire and pay the employees' wages with reimbursement provided by BINTF. The appropriation
and revenue for an extra help evidence technician was not included in the FY 2012/2013 budget
because management of BINTF was in transition from the California Department of Justice to local
law enforcement due to state budget cuts. As a budget housekeeping matter, unanticipated
revenue and appropriation of$17,064 is needed to correct this omission.
14. Resolution to Adopt Quarterly Reporting for the General Assistance (GA) Program - GA provides
financial assistance, in the form of a loan, for eligible, low-income persons or families who do not
qualify for any other cash assistance programs. Most GA recipients are disabled (approximately
82%). In order to maintain eligibility, GA recipients are subject to monthly reporting requirements.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/29/2013
Each month, recipients are required to submit a standardized GA form to report any income or
property received, as well as any changes to household composition, employment, or disability
status. A large majority of GA recipients also receive CalFresh benefits. The CalFresh program
requires similar periodic reporting, which also requires the recipient to submit a similar,
standardized CalFresh form. CalFresh reporting intervals are determined by the household
composition. Currently, most CalFresh recipients are required to report quarterly. Approval is
requested to align the GA monthly reporting requirements to the current CalFresh reporting
requirements. This change would increase efficiency, increase customer service standards, and
reduce the administrative and client burden that is created when double reporting requirements
are imposed. Additionally, approval is requested to amend the GA manual to reflect the newly
adopted CalFresh reporting requirements.
15. Resolution Discontinuing Postage Revolving Fund - Originally, the revolving fund established for
County departments to procure postage and postal services was assigned to Purchasing Services.
Today, modern technology provides a more efficient and cost-effective way to obtain these
products, and consequently, use by departments has declined. It is therefore no longer necessary to
maintain the Postage Revolving Fund and the Director of General Services as Deputy Purchasing
Agent requests it be discontinued. Pursuant to Government Code section 29320 et seq., a resolution
discontinuing the Postage Revolving Fund has been prepared for adoption by the Board of
Supervisors.
16. Capital Asset Approval - Vehicle Replacement - In November 2012, the 13-year-old van used by
General Service's office staff was severely vandalized. Estimates to repair the vehicle and replace
stolen components are in excess of the vehicle's value and therefore it was declared Surplus. The
department is requesting approval to purchase a replacement van utilizing the ISF Equipment
Replacement Fund.The estimated cost is$22,000.
17. Bill Pruitt Investigations - Due to an increased amount of investigations in FY 2012-13, Human
Resources requests an increase in the amount of the contract between Butte County and Bill Pruitt
from not-to-exceed $24,999 to not-to-exceed $50,000 for the current FY. All costs for investigations
are paid by the department utilizing the service and not Human Resources.
18. Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following departments: County Counsel,
Administration, Public Works, Human Resources and Probation. These changes will decrease the
total allocations in the County by one (1) position.
County Counsel: The County Counsel's Office is requesting to flexibly staff one (1) position of
Paralegal to Paralegal, Senior/Paralegal. This change will leave the total allocations in the
department unchanged and will increase the costs in the department by approximately$936 for the
remainder of this fiscal year. Any increase in salary and benefits that will occur in future fiscal years
will be incorporated into future budgets.
Administration: The Administration Department is requesting to delete one (1) vacant Risk
Manager position and one (1) vacant Safety Officer position. In addition, the department requests
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/29/2013
to convert one (1)term position of Risk Management Analyst, Senior/Risk Management Analyst to a
fulltime position with no term date. These changes are the final phase of a department
reorganization that began last summer. These changes will decrease the total allocations in the
department by two (2) positions and have no fiscal impact on the County General Fund.
Public Works:The Public Works Department is requesting to extend the term date of one (1) Landfill
Scale Attendant position from February 14, 2013 to December 31, 2013 in order to continue to
cover a long term leave of absence. This change will leave the total allocations in the department
unchanged and have no fiscal impact on the County General Fund.
Human Resources:The Human Resources Department is requesting to add the classification of Chief
Deputy, Probation Officer (Class Code 5505) to Section 57, Reference E of the Salary Ordinance
titled, "Management, Confidential and Supervisory (BCMEA) Unit Classifications." The salary range
for the classification shall be set at 66 (Biweekly salary: $2,909.44-$3,898.93).
Along with this new classification, the department requests to delete the classification of
Superintendent, Juvenile Hall from Section 57, Reference E of the Salary Ordinance titled,
"Management, Confidential and Supervisory (BCMEA) Unit Classifications" and Section 57,
Reference K of the Salary Ordinance titled, "Non-Represented and Linked Classifications." In
addition, the department requests to change the title of the classification Assistant Superintendent,
Juvenile Hall to Manager, Juvenile Hall (Class Code 5520). This is only a title change with no change
in salary. These changes have been agreed to by both Human Resources and the applicable
Employee Association.
Lastly, the department is requesting to delete the Safety Officer and Risk Manager classifications
from Section 57, Reference E of the Salary Ordinance titled, "Management, Confidential and
Supervisory (BCMEA) Unit Classifications." These changes fall in line with the Administration
Department's request above to complete their department reorganization.
Probation: Concurrent with Human Resources request above, the Probation Department is
requesting to delete one (1) vacant Superintendent, Juvenile Hall Classification; one (1) vacant
Assistant, Chief Probation Officer position; add three (3) Chief Deputy, Probation Officer positions
and reallocate one (1) position of Assistant Superintendent, Juvenile Hall to Manager, Juvenile Hall.
All of these changes are being made as part of a departmental reorganization that will increase
efficiency in the department as well as provide an avenue for future planning. This reorganization
will have the Chief Deputy, Probation Officer positions overseeing the Adult Division, Juvenile
Division and the Juvenile Hall.These changes will increase the total allocations in the department by
one (1) position and have no fiscal impact on the County General Fund. - action requested -ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
19. 2013 Resolution Honoring Butte County Employees for Dedicated Years of Service - Employees who
have reached specified periods of continuous service to Butte County are recognized by a
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/29/2013
Resolution honoring employees for dedicated years of service. The service increments are 5, 10, 15,
20, 25, 30, 35 and 40 years.The groups with the longest tenure with the County(30, 35, 40 years...),
will be presented their awards by the Board of Supervisors during the Resolution ceremony. They
are: Cathi Grams, Carol Gresehover, Cheryl Jones, Christine Homesley, Geny Montero, and Cory
Dunasky.
CHARLIE WILSON, ASSISTANT DIRECTOR OF HUMAN RESOURCES PRESENTED THE LONG
TERM EMPLOYEE RECOGNITIONS AND RESOLUTIONS.
20. Solid Waste Enforcement and Appeal Independent Hearing Panel Appointments - Butte County
Code Section 31A established a Solid Waste Enforcement and Appeal Independent Hearing Panel,
hereinafter referenced as "Hearing Panel." Although historically there have been very few solid
waste appeals, it is necessary to maintain a viable Hearing Panel in order to meet mandated time
lines when an appeal is filed with the Public Health Department. As specified in the Public
Resources Code Section 44308 and Section 18060, Title 14, California Code of Regulations and
Chapter 31A of Butte County Code, the Hearing Panel consists of three positions with members
appointed by the Board of Supervisors. The Panel consists of: a Primary and alternate member of
the Butte County Board of Supervisors, a primary and alternate member who are subject matter
experts in solid waste, and a primary and alternate member representing the public. Members
appointed to the Hearing Panel are restricted by State law to two four-year terms. The Board is
requested to approve the following appointments: 1) Carl Peters as Subject Matter Expert for
primary Position; 2) Larry Royal as Subject Matter Expert for alternate Position Two; 3) Mike Peavy
as Member of the Public for primary Position Three; and 4) John Starr as Member of the Public for
alternate Position Three. All terms will end January 10, 2017.
21. Resolution Authorizing Submittal of Tire Amnesty Grant Application to CalRecycle - The Public
Works Department is requesting authorization to submit a grant application to CalRecycle for the FY
2013-14 Local Government Waste Tire Amnesty Grant. Grant funds would be used to provide waste
tire collection events for the County and City of Oroville. The department proposes that the County
be designated as lead agency for administering the grant in collaboration with the City of Oroville.
The City of Oroville is currently drafting a letter of support stating they authorize the County to act
as lead agency on their behalf. Regional applicants are eligible for up to $100,000 in funds from the
CalRecycle's Tire Amnesty Grant Program. No matching funds are required for this grant.
Applications are due February 5, 2013 with awards to be announced by the following June. If
funded, Public Works will plan at least two tire amnesty collection events to be held over the next
two years. Past events have been highly effective, collecting an average of 110 tons of waste tires
per event. The resolution also authorizes the Public Works Director to execute agreements with
CalRecycle on behalf of the County - action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN. (Public Works)
22. Sims Recycling Solutions - Sims Recycling Solutions has been the contracted electronic waste
recycler for the Neal Road Recycling and Waste Facility for the past two years. In that time, it has
fulfilled the terms of their agreement in a responsible and compliant manner. The Public Works
Department requests approval to extend the current agreement by one year. Sims has agreed to
increase the amount paid to the County for non-covered electronic waste by one cent per pound.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/29/2013
(From $.01 to $.02 per pound).
23. Siskiyou Grove Estates Subdivision Application to Form Zone of Benefit, Zone 002 within Butte
County Permanent Road Division - On June 27, 2006, the Board of Supervisors adopted Resolution
No. 06-102 establishing the Butte County Permanent Road Division. The County policy on new
roads that are not collector or arterial roads allows for acceptance of these roads into the County
Maintained Mileage system subject to approved funding for the future maintenance of the road
and associated facilities through a Board approved Benefit Assessment District. The developer of
the Siskiyou Grove Estates subdivision in Thermalito has submitted an application/petition to form a
Zone of Benefit within the Butte County Permanent Road Division. The procedure to form a Zone of
Benefit requires a resolution of intent to establish the Butte County Permanent Road Division Zone
of Benefit and the setting of a public hearing. The formal formation of this Zone of Benefit will be in
conjunction with the approval of the final subdivision map by the Board on March 26, 2013. The
developer of the Siskiyou Grove Estates subdivision has been working with the Land Development
Division of Public Works to complete all the necessary items to be able to record the final
subdivision map for the project. Based on this, the Public Works Department will recommend that
the Siskiyou Grove Estates subdivision be allowed to form the second Zone of Benefit within the
Butte County Permanent Road Division and that the formation of this zone, named Zone 002, be
established at the Public Hearing to be held at the Board of Supervisors meeting on March 26, 2013.
24. Resolution Authorizing the Director of Public Works to File an Application for Grant Funds for the
Environmental Enhancement and Mitigation Program (EEMP) -The Public Works Director (Director)
requests the Board to adopt a resolution authorizing the Director to file an application for grant
funds for the Environmental Enhancement and Mitigation Program (EEMP) under the Section
164.56 of the Streets and Highways Code for the following project: Ord Ferry Bridge Bat Restoration
Project and to submit all documents as well as make adequate provisions for operations and
maintenance of the project.
25. County Service Area 17, Zone 1 (South Oroville Lighting) - Public Works and PG&E project
Converting Existing Lights to LED - County Service Area (CSA) 17, Zone 1 provides street lighting
services to 1,352 parcels in the south Oroville area. Public Works has completed a roadway safety
project along a one mile stretch of Lincoln Boulevard that installed medians to improve roadway
safety. Public Works then worked with PG&E to add nine new LED street lights on existing PG&E
poles along that same section of Lincoln Boulevard. The nine new LED lights were installed without
cost to the CSA in June 2012. On July 31, 2012, the Board approved the conversion of the older
sodium vapor streetlights along this same section of Lincoln Boulevard to LED lights to make the
lighting effects consistent and to save on monthly billing charges as LED lights use less energy and
have a lower monthly charge rate from PG&E. Public Works also requested PG&E to install longer
mast arms for each of those lights to better illuminate the roadway. An initial estimate from PG&E
for the light conversion work was given to the County but was subsequently revised to a higher
amount to account for the longer mast arm lengths that were not originally included in the initial
estimates. The Board item of July 31, 2012 contained a budget adjustment of $10,000 which was
insufficient for the revised contract cost. It is requested that the Board approve a budget
adjustment ($12,600)for the revised cost of this project.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/29/2013
26. Superior Court of California County of Butte - In previous years the Sheriff's Office contracted with
Superior Court to provide deputy sheriff bailiff services. 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 Court
Attendants, but now the Sheriff provides all security services. Now that the Sheriff's Office has
assumed management of all Court Security services, 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.
27. Thermalito Union School District 2012-2013 Mid-Year Tax and Revenue Anticipation Note (TRAN)
Issuance - The Thermalito Union School District finds it necessary to secure short term cash flow
financing, and, in order to benefit from an established pooled program and reduced costs of
issuance, desires to participate in the California School Cash Reserve 2012-2013 Mid-Year TRANS
Program ("the Program"). The Program is sponsored by the California School Boards Association
Finance Corporation. California Government Code Section 53853 provides that the County Board of
Supervisors is to issue TRANS on behalf of school districts; however, an exception applies to TRANS
issued in conjunction with other TRANS. Under this exception, if the County Board fails to
authorize, by resolution, the issuance of a TRAN in the name of the requesting school district, or if
the County Board notifies the school district that it will not authorize issuance within a 45 day
period from the date of the request,then such TRAN may be issued by the requesting school district
in its name, via participation in the pooled TRANS Program. If the Board of Supervisors prefers to
adopt a resolution authorizing issuance by the County on behalf of the District, a County Resolution
will be provided for consideration at a future meeting. The Thermalito Union School District has
communicated its desire to: 1) participate in the Program; 2) issue a Mid-Year TRAN during the
month of February, and 3) issue in its own name, in the interest of meeting critical timelines.
Accordingly,the District has requested that the Board of Supervisors exercise its option to notify the
District that it will not authorize the issuance of the TRAN of the District within the 45-day period
beginning January 7, 2013 (the date of receipt of the letter containing the District Resolution and
said request), and provide notice to that effect to the District.
28. Water Advisory Committee (WAC) Appointment - The Basin Management Objective ordinance
(Chapter 33A of the Butte County Code) has provisions regarding the membership of the WAC and
how its members are appointed. The ordinance states that the WAC shall be appointed by the
Board and be comprised of area-specific members with one member appointed from each defined
sub-inventory unit (SIU) within the Sacramento Valley Groundwater Basin portion of the County and
at-large members for incorporated municipalities, organized watershed groups, and the
Environment and Agriculture. The Town of Paradise is one of the five municipalities listed in the
ordinance. John J. Rawlings was appointed by the Paradise Town Council on December 11, 2012 to
replace Joe DiDuca as the Town representative on the WAC. The Board is requested to appoint John
J. Rawlings as the Paradise At-large representative (term to end December 31, 2016).
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEMS 3.27
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/29/2013
(AGREEMENT WITH SCS ENGINEERS) AND 3.31 (BUTTE COUNTY FAIR ASSOCIATION 2013
BUDGET) WHICH WERE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE
REGULAR AGENDA AND WITH THE EXCEPTION OF ITEM 3.20 (REAPPPOINTMENTS TO THE
LIBRARY ADVISORY BOARD) WHICH WAS REMOVED FROM THE AGENDA WITH NO ACTION.
(MOTION: KIRK; SECOND:TEETER)
VOTE: MOTION APPROVED 5 -0
REGULAR AGENDA
1302-003 9:25 a.m. - Timed Item - Acceptance of Donation from The American Legion Post 259 and
Memorandum of Understanding for Renovation of the Paradise Veterans Memorial Hall Kitchen
and Budget Adjustment -As part of the Fiscal Year 2012/2013 budget process,the Butte County
Board of Supervisors approved General Services Project 13-044 to replace the failed main
structural beam and complete associated repairs at the Paradise Veterans Memorial Hall. Now
that the structural component of the project is complete, the remaining $45,000 is committed
to improve compliance with the American with Disabilities Act, as required within the project,
and to complete repairs and removing hazardous material that became necessary subsequent
to the beam failure. In an effort to maximize the benefits of the repair project, The Paradise
Unit No. 259, American Legion Auxiliary, District No. 4, Paradise, through The American Legion
Post 259, has offered to partner with the County by donating $40,000 to renovate the kitchen
while contractors are already on site performing repairs. Staff recommends that the County
accept the donation by resolution and that the Board of Supervisors authorize the General
Services Director to execute the Memorandum of Understanding defining the plans.
MOTION: I MOVE TO ACCEPT THE $40,000 DONATION,AUTHORIZE GENERAL SERVICES DIRECTOR TO
EXECUTE THE MEMORANDUM OF UNDERSTANDING;AND APPROVE BUDGET ADJUSTMENT.
(MOTION: CONNELLY; SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
Items Removed from the Consent Agenda for Board Consideration and Action.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/29/2013
1302-004 (Item 3.31 from the Consent Agenda) Butte County Fair Association 2013 Budget.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION BY
SUPERVISOR KIRK. CHRISTY HOWE FROM THE BUTTE COUNTY FAIR ANSWERED
QUESTIONS FROM THE BOARD.
MOTION: I MOVE TO APPROVE THE BUTTE COUNTY FAIR ASSOCIATION 2013 BUDGET AND
AUTHORIZE THE CHAIR TO SIGN. (MOTION: KIRK; SECOND:TEETER)
VOTE: Motion APPROVED 5 -0
1302-005 (Item 3.27 from Consent Agenda) SCS Engineers - The Neal Road Recycling and Waste Facility
(NRRWF) has an array of groundwater monitoring wells that are sampled regularly to comply
with requirements of the NRRWF's Waste Discharge Requirements (permit) issued by the
Regional Water Quality Control Board (RWQCB). The array includes an upgradient monitoring
well that provides background level of groundwater constituents and a downgradient well
located at the westerly property boundary. The sampling analysis of this most downgradient
well are used to compare to the background values found in the most upgradient well. There
are eight other groundwater monitoring wells in between. Due to a generally decreasing trend
in ground water levels in the area, the referenced upgradient well and downgradient well
have become dry. The RWQCB has requested that the County replace these monitoring wells.
SCS Engineers, under existing County contract, has developed a plan and specifications for
soliciting bids for the replacement of two groundwater monitoring wells. This amendment
(Amendment#2) is for SCS Engineers to provide well construction oversight and submittal of a
final well construction report required by the RWQCB. Funds for this amendment ($21,035)
and construction of two monitoring wells are included in the current fiscal year budget for the
NRRWF. The Public Works Department will be seeking bids for the construction of the two
monitoring wells in the near future.
SUPERVISOR KIRK REQUESTED THIS ITEM BE PULLED FROM THE CONSENT AGENDA
FOR DISCUSSION ON THE REGULAR AGENDA. MIKE CRUMP, DIRECTOR OF PW
ANSWERED QUESTIONS.
MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO TO
REVIEW BY AUDITOR-CONTROLLER AND COUNTY COUNSEL. (MOTION: KIRK; SECOND:
LAMBERT)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/29/2013
Boards, Commissions and Committees
1302-006 Appointments to Listed Vacancies
MOTION: I MOVE TO APPOINT ROCKY DONATI AS DISTRICT 4 PLANNING COMMISSIONER MEMBER.
(MOTION: LAMBERT; SECOND: KIRK)
VOTE: Motion APPROVED 5 -0
1302-007 Board Member or Committee Reports
SUPERVISOR TEETER REPORTED ON A MEETING OF RCRC AND REPORTED ON THE SRA(STATE
RESPONSIBILITY AREA) FEE.
SUPERVISOR TEETER REPORTED ON A MEETING HE AND CHAIR CONNELLY HAD WITH THE
LOCAL FOREST SERVICE DISTRICT OFFICE REGARDING THE TRAVEL MANAGEMENT PLAN AND
FROGS.
SUPERVISOR KIRK REPORTED ON THE ECONOMIC DEVELOPMENT MEETING HELD BY THE
CENETER FOR ECONOMIC DEVELOPMENT IN OROVILLE LAST WEEK.
SUPERVISOR KIRK REPORTED ON A MEETING OF THE BUTTE COUNTY CHILDREN AND FAMILIES
COMMISSION AND REPORTED THAT IT WAS THE EXECUTIVE DIRECTOR,JILL BLAKE'S LAST
MEETING. THE COMMISSION WILL BE RECRUITING FOR A NEW DIRECTOR SOON.
CHAIR CONNELLY REPORTED ON A MEETING WITH STATE SENATOR NIELSEN.
1302-008 9:40 a.m. - Public Hearing -Tentative Parcel Map TPM 02-23 Larry Bradley - An application for
Tentative Parcel Map TPM 02-23 (Larry Bradley)to divide a 34.3 acre parcel into three 10+acre
parcels was denied by the Development Review Committee on September 12, 2002. The
applicant appealed the denial. The appeal was originally presented to the Board of Supervisors
at a publicly noticed appeal hearing on October 8, 2002. The appeal was continued several
times (December 10, 2002, January 14, 2003, January 28, 2003, February 11, 2003 and August
17, 2004). At the August 17, 2004 hearing, the Board of Supervisors continued the appeal
"open to an unspecified date to allow work on the General Plan update to be completed"
before the item is considered. The General Plan update at that time did not proceed and the
project has been on hold. The County did proceed with a General Plan update in 2006 and
completed it in 2010. This update did not resolve the issues that led to the denial, so Mr.
Bradley has worked with the Agricultural Commissioner's Office to identify homesite locations
that would be compatible with surrounding and onsite agricultural uses. Homesite locations
were identified, and Mr. Bradley has asked for a determination.
PAGE 11
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/29/2013
THE DEPARTMENT REQUESTED THE BOARD OPEN THIS HEARING AND CONTINUE IT
OPEN UNTIL FEBRUARY 12, 2013 AT 10:15 A.M. NO BOARD ACTION WAS TAKEN.
1302-009 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICE INFORMED THE BOARD THERE WILL BE A
REPORT AT A FUTURE BOARD MEETING ON THE AFFORDABLE CARE ACT AND
POTENTIAL IMPACTS TO THE COUNTY. HE REPORTED ON THE GOVERNOR'S STATE OF
THE STATE ADDRESS.
1302-010 10:00 a.m. -Timed Item -2013 State and Federal Legislative Platforms - Each year,the Board of
Supervisors considers and adopts its Legislative Platform, including both state and federal
matters. The County's state and federal legislative advocates have submitted proposed
platforms, after consultation with County departments and the Chief Administrative Officer,
for the Board's consideration. The platforms address issues such as Energy, Water, Public
Infrastructure, Local Government Finances, General Government, Health and Human Services,
and Public Safety. Paul Yoder of Strategic Local Government Services, LLC and Kristi More of
The Ferguson Group will present the platforms and provide updates regarding current
legislative activities at the state and federal levels.
SHARI MCCRACKEN, DEPUTY ADMINISTRATIVE OFFICER INTRODUCED THE ITEM.
KRISTI MORE AND PAUL YODER PROVIDED REPORTS TO THE BOARD.
MOTION: I MOVE TO ADOPT THE 2013 FEDERAL AND STATE PLATFORMS WITH CHANGES ADDING OR
AMENDING LANGUAGE AS READ INTO RECORD. (MOTION: LAMBERT; SECOND:WAHL)
VOTE: Motion APPROVED 5 -0
1302-011 10:20 a.m. - Timed Item - Butte County Association of Governments (BCAG) Report on the
Butte Regional Conservation Plan - BCAG staff will provide an update on items related to the
development of the Butte Regional Conservation Plan (BRCP), including: recent BRCP EIS/EIR
Public Scoping Meetings and Workshops and a review of the BRCP and EIS/EIR schedule.
CHRIS DEVINE FROM BCAG PROVIDED A REPORT TO THE BOARD. JOHN NOCK
ADDRESSED THE BOARD.
THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN.
PAGE 12
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/29/2013
1302-012 10:30 a.m. - Public Hearing - Appeal of the Planning Commission's Approval of Use Permit
UP10-0003 for Helena Chemical Company - On November 8, 2012 the Planning Commission
certified an Environmental Impact Report for the Helena Chemical Nelson Terminal, made
findings regarding significant and unavoidable environmental impacts, approved Use Permit
UP10-0003 for Helena Chemical Company to develop a regional storage and distribution
facility for agricultural chemicals, and recommended that the Board of Supervisors approve
Zoning Code Amendment ZCA11-0002 to amend the Agricultural zone to allow Agricultural
Support uses by Use Permit. The Board adopted a new Zoning Ordinance (Ordinance 4050,
Butte County Code Chapter 24), which became effective December 10, 2012. The new
Zoning Ordinance includes an Agricultural Support zone, which allows Agricultural Support
uses such as the proposed storage and distribution facility, with the issuance of a Conditional
Use Permit. With adoption of the new Zoning Ordinance, ZCA 11-0002 is no longer required.
On November 19, 2012, an appeal of the Planning Commission's approval of UP10-0003 was
filed. The following categories of concern are cited in the appeal letter: the Nelson site is an
inappropriate location, the Draft EIR does not adequately characterize the nature of the
roads and traffic in the area, storm-water protection should be designed to mitigate a 200-
year storm, and fugitive dust can escape from the project site.
THE BOARD MEMBERS REPORTED THE FOLLOWING EX PARTE COMMUNICATION:
SUPERVISOR KIRK REPORTED MEETING WITH TOM LANDO AND GRANT AND BRYCE
LUNDBERG. SHE REPORTED THE LUNDBERG'S SHOWED HER A VIDEO RELATED TO THIS
PROJECT. IT WILL BE PROVIDED BY THE APPELLANT FOR THE BOARD RECORD.
SUPERVISOR WAHL REPORTED MEETING WITH GRANT AND BRYCE LUNDBERG AND
WATCHING THEIR VIDEO MENTIONED ABOVE.
SUPERVISOR LAMBERT REPORTED THAT HE KNOWS AND SEES EVERYONE SEATED IN THE
CHAMBERS AND HE SPEAKS TO ALL REGULARLY.
SUPERVISOR TEETER REPORTED MEETING WITH GRANT AND BRYCE LUNDBERG AND
WATCHING THE VIDEO AS MENTIONED ABOVE.
SUPERVISOR CONNELLY STATED HE HAS NOT MET WITH EITHER SIDE OF THIS PROJECT,
BUT THE PROJECT CAME UP IN A SEPARATE DISCUSSION WITH BUTTE ENVIRONMENTAL
COUNCIL REPRESENTATIVES.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES AND CHUCK THISTLETHWAITE,
SENIOR PLANNER PROVIDED A REPORT TO THE BOARD. TOM FOSSUM, ASSISTANT
DIRECTOR OF PW ANSWERED QUESTIONS OF THE BOARD.
GARRENT DAVIS, REPRESENTATIVE OF HELENA, ADDRESSED THE BOARD.
PAUL BOLLARD, REPRESENTING THE APPLICANT ADDRESSED THE BOARD.
PAGE 13
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/29/2013
BRYCE LUNDBERG,THE APPELLANT, ADDRESSED THE BOARD.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD; DALE WANGBERG;
GARY STONE; DRU HOLT; ?; NANI TEVES;JOHN SCOTT; MARK MOLLNER; ED MCLAUGHLIN;
MARGARET BRYANT;AND STACY GORE.
MOTION: I MOVE TO MAKE A MOTION OF INTENT TO DENY THE APPEAL, AND APPROVE USE PERMIT
UP10-0003 FOR HELENA CHEMICAL COMPANY WITH THE FOLLOWING FINDINGS: TO PLACE
A RESTRICTION ON THE DEED RELATED TO MANUFACTURING AND FUTURE USE; TO REVISIT
THE USE PERMIT IN ONE YEAR TO ENSURE NO STACKING (OF TRUCKS) ON HWY 99 TO
NELSON; AND TO REQUIRE A LEFT TURN LANE AND DECELERATION LANE OFF OF MIDWAY
TO ADDRESS TRAFFIC ISSUES. AND I MOVE TO CERTIFY THE EIR WITH FINDINGS.
VOTE: Motion carried 4- 1 (MOTION: LAMBERT ; SECOND: KIRK )
YEA: Supervisor Lambert, Supervisor Wahl, Supervisor Connelly, Supervisor Kirk
NAY: Supervisor Teeter
1302-013 Quarterly Status Report on the Implementation of the Butte County Regional Economic
Development Strategy - Butte County General Plan 2030, adopted by the Board of Supervisors
on October 26, 2010, included an Economic Development Element. The Element details the
goals, objectives, and action items associated with economic development planning over the
next twenty years. Per the Board's request, staff is providing a quarterly status report of the
implementation of the Butte County Regional Economic Development Strategy.
JENNIFER MACARTHY, ECONOMIC AND COMMUNITY DEVELOPMENT MANAGER
PROVIDED A REPORT.
THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN.
RECESS
Recess as the Butte County Board of Supervisors and convene as the Thompson Flat Cemetery District
Board of Trustees.
PAGE 14
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/29/2013
THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES
JANUARY 29, 2013
MINUTES
CALL TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
Trustees present: Supervisors Connelly Wahl, Kirk, Lambert and Teeter
The Board of Trustees is required to convene at least once a quarter pursuant to Health and
Safety Code 9029.
CONSENT AGENDA (No Items)
REGULAR AGENDA (No Items)
PUBLIC COMMENT(each speaker limited to five minutes) (NONE)
ADJOURNMENT:
ADJOURNED AS THE THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES AND
CONVENED AS IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD.
PAGE 15
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/29/2013
IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD
JANUARY 29, 2013
MINUTES
CALL TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville
Members present: Connelly Wahl, Kirk, Lambert and Teeter
CONSENT AGENDA(No Items)
REGULAR AGENDA (No Items)
PUBLIC COMMENT(each speaker limited to five minutes) (NONE)
1302-001 CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR PURSUANTTO GOVERNMENT CODE SECTION
54957.6:
LABOR NEGOTIATORS: CATHI GRAMS,JACK HUGHES& BRIAN RING
EMPLOYEE ORGANIZATION: CUHW
(This closed session item will be held contemporaneously with the Board of Supervisors Closed
Session)
ADJOURNMENT:
ADJOURNED AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AND
RECONVENED AS THE BOARD OF SUPERVISORS
PAGE 16
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/29/2013
PUBLIC COMMENT (each speaker limited to five minutes) (NONE)
1302-014 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS
1. ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a): 5 CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO SUPERIOR COURT CASE
NO. 016338;
3. COUNTY OF BUTTE, COUNTY OF PLUMAS v. DEPARTMENT OF WATER RESOURCES,YOLO CO.
SUP. CT CASE NO: CV09-1258;
4. MONICA JOHNSON v. COUNTY OF BUTTE; WCAB ADJ8325830 (WORKERS' COMPENSATION
APPEALS BOARD LEGACY CASE NUMBER) CLAIM NUMBER BUAH-549682;
5. MISTY ATTAWAY-BAKER v. COUNTY OF BUTTE; WCAB AD8155861 (WORKERS' COMPENSATION
APPEALS BOARD LEGACY CASE NUMBER) CLAIM NUMBER BUAE-504970.
2. INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (c) - 1 POTENTIAL
CASE: US FOREST SERVICE/PLUMAS NATIONAL FOREST TRAVEL MANAGEMENT PLAN.
3. 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
THERE WERE NO ANNOUNCEMENTS FROM CLOSED SESSION.
PAGE 17
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/29/2013
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 12, 2013.
PAGE 18