HomeMy WebLinkAboutM022316 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-2/23/2016
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
Supervisor Wahl requested Item 3.18(Water Advisory Committee Appointments-Oroville and Environment At-
Large) be removed from the consent agenda for discussion on the regular agenda.
CONSENT AGENDA
3.01 Northern Valley Catholic Social Service Mother's Well - Amendment A - Northern Valley Catholic Social
Service (NVCSS) provides mental health, housing, vocational and support services to individuals and
families in California's Northern Sacramento Valley. NVCSS was founded in 1986 and now serves six
northern California counties. Approval is requested to amend the agreement with NVCSS for Perinatal
Anxiety and Mood Disorder counseling, to increase the contract maximum based on a continuation of
funding from Butte County's First 5 Children & Families Commission (Commission). The department
recently executed a revenue agreement with the Commission for the additional program funding. The
term of this agreement shall remain July 1, 2015 through June 30, 2016.The maximum financial obligation
under this agreement shall not exceed$208,661.56 (this is an increase of$104,335.48) -action requested
- APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.02 Agreement with Xpio Group Health, LLC - The Butte County Department of Behavioral Health (BCDBH),
Butte County Department of Public Health (BCDPH), Butte County Human Resources Department (HR),
and Butte County Information Systems (IS) desire the services of Xpio Group Health, LLC. (Xpio) for the
provision of HIPAA/HITECH 42 C.F.R Part 2 Act privacy and security gap analysis, HIPAA/HITECH training
sessions of Butte County staff, analysis on specific department's policy and procedure development,
HIPAA/HITECH mandated training, and web-based training module. Butte County General Services
coordinated a Request for Proposals (RFP),for the provision of these services. Representatives from each
participating department conducted a review of proposals with a proposed contract award to Xpio. The
resulting agreement was coordinated by General Services on behalf of the participating departments.
Approval is requested for an agreement with Xpio, for the provision of these services. The term of this
agreement will be from the date of execution through October 1, 2016.The maximum financial obligation
under this agreement shall not exceed $293,900 ($102,675 for BCDBH;$78,875 for BCDPH; $56,525 for IS;
and $55,825 for HR) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health on behalf of
multiple Depts.)
3.03 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
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-2/23/2016
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 - 1) CONFIRM THE NEED FOR CONTINUING
THE PROCLAMATION OF A LOCAL EMERGENCY; AND 2) ADOPT RESOLUTION AND AUTHORIZE CHAIR TO
SIGN. (County Administration)
3.04 Fiscal Year 2014 Homeland Security Grant Program (HSGP) - The Board of Supervisors authorized the
Emergency Services Officer to apply for funding under the fiscal year(FY) 2014 HSGP. Several of the grant
approved projects have come in under budget. The grant specified Anti-Terrorism Approval Body
(Approval Authority) has authorized the purchase of a bomb suit that meets grant guidelines. This item
requires Board of Supervisors approval for the purchase of a capital asset and related budget authority -
action requested -APPROVE BUDGET ADJUSTMENT(4/5 vote required); AND AUTHORIZE THE PURCHASE
OF CAPITAL ASSET. (County Administration)
3.05 Second Amendment to Agreement for Attorney Services-Greg Einhorn -Request approval of amendment
for attorney services with Greg Einhorn. The amendment increases the hourly rate for legal services
performed by Greg Einhorn to $125/hour. The effective date of this change is February 23, 2016 - action
requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (County Counsel)
3.06 Surplus Capital Assets-The Department of Employment& Social Services (DESS) requests Board approval
in declaring the following capital assets as surplus: DELL Power Edge 4600; DELL Power Edge 2600; DELL
Power Edge 4200. The items were originally purchased in 1998 and 2003. The equipment is no longer
functional and, therefore, of no use to the Department in any capacity - action requested - 1) DECLARE
CAPITAL ASSET ITEMS AS SURPLUS AND DIRECT THE ITEMS BE REMOVED FROM THE CAPITAL ASSET
INVENTORY LIST; AND 2) AUTHORIZE THE TRANSFER TO COUNTY SURPLUS IN ACCORDANCE WITH BUTTE
COUNTY GENERAL SERVICES DISPOSAL OF SURPLUS POLICY. (DESS)
3.07 Agreement with Michael Baker International, Inc.to Prepare Amendments to the General Plan and Zoning
Ordinance-Butte County is required to amend the General Plan Health and Safety Element to identify land
uses within expanded flood hazard areas based on recently adopted legislation, Senate Bill 5, and new
planning guidelines developed by the California Department of Water Resources. The County is also
required to amend the Zoning Ordinance to establish administrative procedures, findings, and
development standards for proposed projects potentially subject to flooding. State law requires the
General Plan Health and Safety Element consider flood risks in areas subject to a 200-year flood and
protected by levees identified in the State Plan of Flood Control because Butte County is located in the
area covered by the Central Valley Flood Protection Plan (CVFPP). In September 2015, staff published a
Request for Proposal (RFP) for Amendment of Butte County General Plan and Zoning Ordinance for
Consistency with the Central Valley Flood Protection Plan. Three companies submitted proposals and a
review committee recommended contracting with Michael Baker International, Inc. based on the firm's
experience preparing similar General Plan and Zoning Ordinance amendments to comply with SB 5 and
CVFPP requirements. The department recommends executing an agreement with Michael Baker
International, Inc. in the amount of$40,035 with a term to expire on December 31,2016-action requested
- APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER. (Development Services)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-2/23/2016
3.08 Sublease and Attornment Agreements for 205 Mira Loma Drive Suite#30,Oroville, for Occupancy by DESS
- In an effort to gain efficiency, the Butte County Department of Employment and Social Services (DESS)
desires to occupy additional space located at 205 Mira Loma, Suite 30, which is adjacent to existing DESS
employment and adoption programs in Oroville. The facility is owned by the Jon H. Bechtel Trust and,
through a Master Lease, is under the control of Guillon, Inc. Staff recommends that the Board execute a
sublease of the facility from Guillon, Inc. Under the terms of sublease, the rent payment runs $0.75 per
square foot for a total monthly payment of$6,026.25 per month for the 8,035 square foot area including
common area maintenance charges.The planned termination date for the sublease is June 30, 2021, and
includes the option to extend for an additional sixty month period. Funding for the lease is identified
within the DESS FY 2015-16 budget and no additional appropriation is required. In addition,and in an effort
to secure the rights of occupancy by DESS in the event that the Master Lease between the Jon H. Bechtel
Trust and Guillon, Inc. expires or is terminated, staff also recommends that the Board approve the
Attornment Agreement. The Attornment Agreement establishes the occupancy rights of DESS directly
with the Jon H. Bechtel Trust in the event the facility is no longer under the control of Guillon, Inc. -action
requested - APPROVE THE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (General Services)
3.09 Introduction of the Salary Ordinance for FY 2015-2016 - The Department of Human Resources has
prepared an updated Salary Ordinance. The ordinance includes details on allocated positions, and the
salary plans for classified positions and elected and appointed officials. The ordinance is based on Board
of Supervisors actions regarding positions through February 9, 2016 as well as clean-up of the format of
the ordinance to improve readability. In addition, the proposed ordinance shows all hourly rates of pay
with two decimals consistent with how employees are actually paid. Past ordinances have included four
decimals. The conversion from four to two decimals was done in such a way that no employee will see a
reduction in pay due to rounding - action requested - WAIVE THE FIRST READING OF THE ORDINANCE.
(Human Resources)
3.10 Resolution Ratifying the Program Supplement Agreement to Master Agreement with State Department of
Transportation -On January 9, 2007,the Board approved Master Agreement, Administering Agency-State
Agreement for Federal-Aid Projects, No. 03-5912R with the State Department of Transportation (Caltrans)
for County projects receiving federal-aid from the Federal Highway Administration in order to incorporate
and conform to changes in State and Federal statutes, regulations, and policies, including Caltrans Local
Assistance procedures relating to the federal-aid funded programs.With the approval of the agreement in
2007, the Board adopted a resolution authorizing the Director of Public Works to execute and submit
Program Supplements to the Master Agreement for all future projects.This was necessary to process the
Program Supplements in an expeditious manner as projects came about. Recently Caltrans has begun
requiring individual Board resolutions authorizing the Director of Public Works to sign each Program
Supplement Agreement for each individual project. Public Works recently received the Program
Supplement Agreement for the Lincoln Blvd. Sidewalk Improvement Project 03-5912(087), from Arnold
Avenue to Myers Street.The Program Supplement Agreement was signed by the Director of Public Works
on February 3, 2016 and submitted to Caltrans.The department is requesting the Board ratify the Program
Supplement Agreement in order to meet the new Caltrans requirement - action requested -ADOPT THE
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
3.11 Resolution Redesignating the Chico/North Butte County Recycling Market Development Zone (RMDZ)
Boundaries - The Department of Public Works is requesting the Board's approval of a resolution re-
designating the Chico/Northern Butte County Recycling Market Development Zone (Zone).The resolution
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-2/23/2016
will act as an application to the Department of Resources Recycling and Recovery (CalRecycle) for
expansion of the Zone's southern boundary to include the North State Rendering Plant(NSR).CalRecycle's
Recycling Market Development Zone(RMDZ) program offers incentives to businesses within an RMDZthat
use commodities in the waste stream for beneficial use. NSR has indicated it intends to apply for funding
under CalRecycle's Green House Gas Reduction Grant/Loan program (GHG) and/or RMDZ program. The
loan/grant will allow NSR to expand its facilities to process food waste to generate renewable energy. A
facility in Butte County capable of accepting and processing food waste will help the County and each city
in meeting the mandates placed on local government by the enactment of the commercial organic waste
recycling legislation (AB 1826). Public Works staff worked with cities and other stakeholders to develop
the County's Commercial Organic Waste Recycling Plan in order to comply with AB 1826. As a result of
those meetings, NSR staff requested the County and City of Chico consider expanding the Zone boundary
to include the area in which NSR is located. The City of Chico is the lead agency for the Zone. At its
February 16, 2016 meeting,the Chico City Council will consider a resolution to expand the Zone boundaries
to include North State Rendering's facility south of Chico. The NRS property is located in the
unincorporated area of the County, therefore, CalRecycle requires that the Board of Supervisors approve
a resolution to expand the Zone boundary as well - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Public Works)
3.12 Contract Amendment with Keefe Commissary Network- In 2008,the Sheriff's Office completed a Request
for Proposal (RFP) for inmate commissary services and selected Keefe Commissary Network. Over the
years, services have been added to include video visitation for inmates, internet secure messaging, and
electronic deposits and at each of these service enhancements, a contract amendment was completed,
numbering three in total. Services of inmate commissary are integral to jail operations and a long-term
relationship with a commissary provider is essential in order to maintain a smooth process. In December
of 2015, the Sheriff's Office prepared a new RFP for commissary services and is currently reviewing and
vetting the two responses and will next enter into the contract negotiation phase with the selected
company. The current Keefe contract is set to expire February 27, 2016,and the Sheriff is requesting three
additional months through May 27, 2016 to finalize selection and negotiations to develop a contract for
all required services. All other terms and conditions remain unchanged - action requested - APPROVE
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Sheriff-Coroner)
3.13 Sheriff's Office Civil Division Equipment - The Sheriff's Office Civil Division is in need of four hand held
radios for civil deputy use in the field. Due to emerging FCC regulations and anticipated future upgrades
to the County's radio system necessitating the transition of radio communications from analogue to digital,
we are electing to purchase dual band radios that will work within both systems. The Sheriff's Civil Division
will be the first division in the Sheriff's Office to purchase the new dual band radios. Funds for the purchase
in the amount of$16,500 will be allocated from the Civil Equipment Fund - action requested -APPROVE
BUDGET ADJUSTMENT(4/5 vote required). (Sheriff-Coroner)
3.14 State of California, Department of Parks and Recreation, Division of Boating and Waterways -The Butte
County Sheriff's Office is requesting ratification of an agreement with the State of California, Department
of Parks and Recreation, Division of Boating and Waterways for FY 2016-17 that will continue the existing
program. The program provides funding for the Sheriff's Office to provide year-round patrol of the Feather
River, Lake Oroville and the Sacramento River. The Sheriff's Office is charged with enforcement of local
laws and regulations by means of vessel, foot patrol, or motor vehicle. The Sheriff's Office provides
education to the public on State and local laws and regulations, inspection of vessels for compliance with
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-2/23/2016
required safety equipment and registration requirements; and provides supervision of organized on-the-
water boating activities that allows for the protection and safety of the boating public. The year-round
program funds one full-time uniformed deputy sheriff,a leased vehicle, marine equipment,and supporting
program services.The Agreement in the amount$159,342 requires the County to utilize the annual boat
tax revenue of $72,404, which the Sheriff's Office provides a full-time Sheriff's Sergeant to oversee the
water enforcement program. Appropriations and anticipated revenue will be included in the Sheriff's FY
2016-17 budget - action requested - 1) ACCEPT AWARD; 2) ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN; 3) RATIFY SHERIFF HONEA'S SIGNATURE ON THE AGREMEENT; AND 4) AUTHORIZE THE
FOLLOWING REPRESENTATIVES FROM THE SHERIFF'S OFFICE TO SIGN QUARTERLY REPORTS, QUARTERLY
REIMBURSEMENT REQUESTS, ANNUAL REPORTS AND OTHER DOCUMENTS FOR THE PERFORMANCE OF
THE AGREEMENT: KORY L. HONEA, SHERIFF-CORONER; JD JONES, SHERIFF'S CAPTAIN; JACK STORNE,
SHERIFF'S SERGEANT; AND SUSAN TIFFANY, ADMINISTRATIVE ANALYST, ASSOCIATE. (Sheriff-Coroner)
3.15 State of California, Department of Parks and Recreation, Division of Boating and Waterways - Training
Agreement-The Butte County Sheriff's Office is requesting ratification of an Agreement with the State of
California, Department of Parks and Recreation, Division of Boating and Waterways (DBW) which will
enable the County to be reimbursed for travel expenses incurred by a Butte County Deputy Sheriff who
provides training to other law enforcement personnel engaged in patrolling waterways in their
jurisdictions. The training provided enhances public safety throughout the State of California and benefits
Butte County directly by allowing staff to enhance their skills and improves coordination during joint
operations and/or mutual aid requests. The training classes will be in compliance with the curriculum
shared between DBW and the Sheriff's Office.The one-year agreement will reimburse the Sheriff's Office
for lodging and per diem for the training classes, not to exceed $10,400. No match is required - action
requested - APPROVE AGREEMENT AND RATIFY SHERIFF HONEA'S SIGNATURE; AND APPROVE BUDGET
ADJUSTMENT(4/5 vote required). (Sheriff-Coroner)
3.16 Funds for Armored Vehicle Replacement - In April 2013, a refurbished Armored Vehicle was purchased
with FY 2010-11 Homeland Security Grant funds for joint use by the Butte County Sheriff's Office and the
Chico Police Department. In April of 2015,the engine compartment was destroyed by fire. Because of the
vehicle design,the vehicle could not be repaired and was deemed a total loss. The City of Chico maintained
ownership of the vehicle and was storing, maintaining and insuring the vehicle.The City settled with their
insurance carrier and the majority of the cost for replacement was covered by insurance. Due to state
sales tax and shipping of the new vehicle, the insurance replacement funds were $33,650 less than the
total replacement cost. The Sheriff and Chief of Chico agreed to split the budget shortfall for the new
vehicle. Sheriff's portion of the vehicle replacement is $16,825 to be paid with Federal Asset Forfeiture
Funds-action requested -APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Sheriff-Coroner)
3.17 Sustainable Groundwater Management Act Basin Boundary Modification -The Sustainable Groundwater
Management Act (SGMA) went into effect on January 1, 2015. Sub basins designated by the California
Statewide Groundwater Elevation Monitoring (CASGEM) program as high or medium priority are subject
to SGMA compliance. In these sub basins,Groundwater Sustainability Agencies(GSA) must be formed and
take responsibility to develop and implement a Groundwater Sustainability Plan (GSP) by 2022. In Butte
County, there are four subbasins (Vina, West Butte, East Butte and North Yuba) subject to SGMA. Local
agencies are provided the opportunity to request the Department of Water Resources(DWR)modify basin
boundaries to foster sustainable groundwater management. The deadline to submit basin boundary
modification requests is March 31, 2016. Unfortunately,the deadline does not provide sufficient time to
fully consider basin boundary modification options and their potential implications. It would be premature
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-2/23/2016
at this time to submit a basin boundary modification request since there are too many uncertainties
regarding SGMA implementation. Preferably, DWR should reopen the basin modification process in 2018
or 2019, which would allow GSAs to engage in an orderly and confident planning process that will foster
sustainable groundwater management. The Butte County Water Commission voted on February 3, 2016
to recommend the Board of Supervisors submit a letter to DWR requesting they reopen the period to
accept basin boundary modifications in 2018 or 2019. A similar request is expected to be made by other
public agencies including counties and water districts - action requested - APPROVE LETTER AND
AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation)
3.18 Water Advisory Committee Appointments-Oroville and Environment At-Large—
This item was removed from the consent agenda for discussion on the regular agenda. Please see page 7
of this document.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.18 WHICH WAS REMOVED
FROM THE AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. (Motion: Kirk; Second:Teeter)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA
4.01 Boards, Commissions and Committees
A. Appointments to Listed Vacancies (None)
B. Board Member/Committee Reports and Board Member Comments
Supervisor Kirk reported that she and Supervisor Teeter attended the last day training for volunteer fire
fighters at the Openshaw training on Sunday.
Supervisor Wahl reported that a traveling replica of the Vietnam Wall Memorial will be displayed at
Willows Memorial Park in Willows this Thursday through Sunday.
Supervisor Lambert reported that a community meeting will be held in Durham on March 9 at 6:00 p.m.
and that the "Build a Barn"fundraiser for the Butte County Fairgrounds will be held on March 1 in
Gridley.
4.02 Update of Current Budget/Legislative Issues by the Chief Administrative Officer -action requested -
PROVIDE DIRECTION TO STAFF.
Paul Hahn,Chief Administrative Officer, reported that there is currently a petition effort going on to collect
signatures for referendums of the Right to Farm ordinance and the ordinance that amended sections
related to Chapter 34A, Restrictions on Cultivation of Medical Marijuana (Chapter 34A).
He also informed the Board about the Homeless Forum that will be taking place at the Southside Oroville
Community Center on Friday, April 15, 2016 from 9:00 to noon.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-2/23/2016
Mr. Hahn introduced Dr. Mark Lundberg, M.D., Butte County's Health Officer, who provided information
on the Zika virus. Dr. Lundberg reported that there is not a risk in Butte County at this time, and there
are no confirmed cases in Butte County.
ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
3.18 Water Advisory Committee Appointments- Oroville and Environment At-Large - The Water Advisory
Committee (WAC) is mandated by the Basin Management Objectives (BMO) ordinance, also known as
Butte County Code Chapter 33-A. Members are to be appointed by the Board of Supervisors. They are to
represent the defined BMO sub-inventory units within the Sacramento Valley Groundwater Basin and one
at-large member each from the Foothill and Mountain inventory units as defined in the 2001 Butte County
Water Inventory/Analysis Report. Additional at-large WAC members shall be appointed: one from each of
the incorporated municipalities in Butte County; one from the agricultural community; one from the
environmental community; and one from each organized watershed group in Butte County. Members
serve a 4-year term. Council member Marlene Del Rosario was appointed by the Oroville City Council on
March 17, 2015 to replace Council member Dave Pittman as the representative for the City of Oroville on
the WAC. The environment at-large position has been vacant for more than five years. Robyn DiFalco of
Butte Environmental Council (BEC) has recommended Lindsay Wood to serve as the environment at-large
representative. Ms.Wood has a bachelor's degree in biological sciences and is the Watershed Coordinator
for BEC- action requested -APPOINT MARLENE DEL ROSARIO TO THE WATER ADVISORY COMMITTEE AS
THE MUNICIPAL OROVILLE AT-LARGE REPRESENTATIVE TO A TERM TO END DECEMBER 31, 2016; AND
APPOINT LINDSAY WOOD TO THE WATER ADVISORY COMMITTEE AS THE ENVIRONMENT AT-LARGE
REPRESENTATIVE TO ATERM TO END DECEMBER 31, 2018. (Water and Resource Conservation)
Supervisor Wahl pulled this item from the consent agenda. He was concerned that BEC has nominated a
paid employee of BEC.
MOTION: I MOVE TO APPOINT MARLENE DEL ROSARIO TO THE WATER ADVISORY COMMITTEE AS THE MUNICIPAL
OROVILLE AT-LARGE REPRESENTATIVE TO A TERM TO END DECEMBER 31, 2016 AND TABLE* THE
APPOINTMENT OF LINDSAY WOOD AS DICSUSSED. (Motion:Teeter; Second:Wahl)
*CLERK'S NOTE-THE BOARD DID NOTAPPOINT LINDSAY WOOD
VOTE: Motion APPROVED 5 -0
4.04 Status Report on the Implementation of the Butte County Regional Economic Development Strategy-The
Economic Development Element of General Plan 2030 included Action Item ED.A1.1, which calls for the
creation of a countywide Economic Development Strategy. On January 25, 2011 the Board of Supervisors
approved the Butte County Regional Economic Development Strategy which contained goals, initiatives,
and action items to be attained during the period 2011-2013. On February 11, 2014 the Board of
Supervisors approved a revision to the Strategy,extending the life of the Strategy through 2017 and adding
additional action items to support the previously approved goals and initiatives.The approved action items
support the following key initiatives: 1) Grow existing businesses; 2) Ensure Butte County is a competitive
location for new investment; 3) Create a sustainable reputation for the county; and 4) Improve the
coordination of regional economic development resources and efforts. Per the Board's request, staff is
providing a status report on the annual accomplishments of the Butte County Regional Economic
Development Strategy—action requested—ACCEPT FOR INFORMATION. (County Administration)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-2/23/2016
Jennifer Macarthy, Deputy Administrative Officer, provided a report. Tim Snellings, Director of
Development Services, also provided a report. Ed Lazzarini from All Metal Supplies also addressed the
Board.
This item was for information only. There was no Board action taken.
4.05 Second Quarter Financial Report -The second quarter ended December 31, 2015. The quarterly financial
report provides an update on the national, state and local economy; summarizes the quarterly analysis of
expenditures and revenues; includes an update on the FY 2016-17 budget outlook; provides an update on
cash balances; and reports on current long-term debt obligations - action requested - ACCEPT FOR
INFORMATION. (County Administration)
Meegan Jessee, Deputy Administrative Officer, provided a report. This item was for information only.
There was no Board action taken.
4.06 2015 Groundwater Status Report and Basin Management Objectives-Pursuant to Chapter 33 and Chapter
33A of the Butte County Code,the Department is required to collect data on groundwater conditions(i.e.,
elevation, water quality) and land subsidence. The Department is required to report to the Board of
Supervisors each February on the status of groundwater conditions and the Basin Management Objectives
(BMO) program. The 2015 Groundwater Status Report includes a summary of hydrologic conditions for
the 2015 water year (October 2014-September 2015); groundwater conditions; results from the water
quality trend monitoring program, land subsidence data, and the 2016 BMO reports.The BMO documents
for each of the 16 sub-inventory units (SIU) describe land and water use activities in the SIU, geology,
current conditions and the management objective as stated by SIU stakeholders. Spring and fall
hydrographs for each BMO well show groundwater levels over time in comparison to their Alert Stage.
The BMO Ordinance specifies the methodologies for BMOs (i.e., desirable groundwater conditions) and
Alert Stages when BMOs are not reached. 2015 was classified as a critical water year in the Sacramento
Valley. Groundwater levels are generally a little lower than in 2014 and the number of wells reaching a
BMO Alert Stage increased. Water quality results show no indication of saline intrusion into the basin. No
inelastic land subsidence has been recorded in Butte County to date. The report was reviewed by the
Technical Advisory Committee on January 12, 2016 and was presented to the Water Commission on
February 3, 2016 -action requested -ACCEPT FOR INFORMATION. (Water and Resource Conservation)
Dr. Christina Buck, Water Resources Scientist with Water and Resource Conservation, provided a report.
This item was for information only. There was no Board action taken.
4.07 Special Use/Vacant Facilities Report - Butte County is entrusted with managing the entirety of rights
regarding real property assets in a way that maximizes the public benefits while appropriately minimizing
expense.This responsibility requires acting judiciouslyto increase holdings as necessaryto meet increased
needs for services to the public and acting prudently to decrease the inventory when assets are surplus to
the needs of the County or are no longer serviceable.The purpose of this report is to identify the special
use properties that are not utilized to deliver typical County services to the public and to provide the Board
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-2/23/2016
with facility and financial information on each of the identified real property assets. Staff recommends the
Board accept the Special Use/Vacant Facilities Report and discuss potential action items for the various
properties and facilities - action requested - ACCEPT FOR INFORMATION AND PROVIDE DIRECTION TO
STAFF. (General Services)
Grant Hunsicker, General Services Director, provided a report.
Don Rust, Community Development Director and Interim City Administrator with the City of Oroville
answered questions from Chair Connelly regarding the City's desire to take over the Southside Oroville
Community Center. There is a current Request for Proposals to obtain proposals from firms willing and
able to manage the facility. Mr. Rust indicated that the Oroville City Council will be considering the matter
at the March 1, 2016 City Council Meeting.
4.08 11:00 a.m. - Fire Services Restructure- During final budget hearings,the Board directed staff to develop a
restructuring plan for fire services to reduce the reliance on the General Fund. The County contracted
with Matrix Consulting Group to assist in the evaluation and recommendation. Matrix has concluded the
evaluation phase of the project and has developed six options for further evaluation.The options include:
• Maintain cooperative agreement with Cal FIRE and modify deployment;
• Create a standalone Butte County Fire Department as a County department;
• Create multiple independent fire districts;
• Create a single countywide independent or dependent fire district;
• Enter into a Joint Powers Agreement; and
• Create a Joint Powers Agency.
After preliminary review, staff recommends the following three options for further development, as they
are identified as being the most likely to ease the burden of fire services on the General Fund:
• Maintain cooperative agreement with Cal FIRE and modify deployment;
• Create a standalone Butte County Fire Department as a County department; and
• Create a single countywide independent or dependent fire district.
Staff will develop the options selected by the Board, hold community meetings, and will return to the
Board for further discussion—action requested—SELECT OPTIONS FOR FURTHER DEVELOPMENT, DIRECT
STAFF TO HOLD COMMUNITY MEETINGS, AND RETURN TO THE BOARD WITH A DETAILED ANALYSIS AND
POTENTIAL IMPLEMENTATION PLANS. (County Administration)
Andy Pickett, Deputy Administrative Officer, provided a report. Robert Finn with Matrix Consulting Group
was also present.
MOTION: I MOVE TO APPROVE THE 3 RECOMMENDED OPTIONS FOR FURTHER DEVELOPMENT, DIRECT STAFF TO
HOLD COMMUNITY MEETINGS,AND RETURN TO THE BOARD WITH A DETAILED ANALYSIS AND POTENTIAL
IMPLEMENTATION PLANS. (Motion: Kirk; Second: Lambert)
VOTE: Motion APPROVED 5 -0
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
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-2/23/2016
nuisance existed on the property at Jordan Hill Road, Oroville; APN: 058-160-123; Case number: CE14-
0153. The lien amount is $5,446.60. The nuisance abatement process for this property is detailed in the
staff report - action requested - ORDER A LIEN AND IMPOSE A SPECIAL ASSESSMENT ON THE PROPERTY.
(Development Services)
Tim Snellings, Director of Development Services, and Chris Jellison, Code Enforcement Manager, provided
a report.
MOTION: I MOVE TO ORDER A LIEN AND IMPOSE A SPECIAL ASSESSMENT ON THE PROPERTY.
VOTE: Motion APPROVED 5 -0
5.02 9:40 a.m. -Timed Item - Multiple SB 863 Jail Project Items-The County has received notification from the
Board of State and Community Corrections (BSCC)of the conditional award of$40 million in grant funding
for the design and construction of the SB 863 Jail Program, Inmate Treatment, Capacity and Replacement
Housing Project (Project). As a result of the conditional award, it is recommended that the Board of
Supervisors take the following actions: 1)Approve a resolution removing Inmate Welfare Funds as a source
of matching funds and replacing it with Local Assistance for Rural and Small County Law Enforcement
Funds, 2) Approve an amendment to the Capital Improvement Program (CIP) Jail Program and Capacity
Expansion Project to reflect the funding change from Inmate Welfare Funds to Local Assistance for Rural
and Small County Law Enforcement Funds and to adjust the completion date to FY 2020-21; 3) Approve a
budget adjustment appropriating an additional $455,000 in the Project budget, for anticipated expenses
through the rest of this fiscal year; and 4) Award the contract for Nacht & Lewis Architects to perform
Design-Build Performance Criteria Architectural services for the Project, for the not-to-exceed amount of
$1,622,495, with a start date upon issuance of Notice to Proceed, and term completion of June 26, 2020 -
action requested - 1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; 2) APPROVE CIP
AMENDMENT; 3) APPROVE A BUDGET ADJUSTMENT (4/5 vote required); AND 4) APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (General Services/Sheriff)
Sheriff Kory Honea provided a report.
MOTION: I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; APPROVE CIP AMENDMENT;
APPROVE A BUDGET ADJUSTMENT AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Motion: Kirk; Second:Wahl)
VOTE: Motion APPROVED 5 -0
5.03 9:45 a.m. -Timed Item - Multiple Evidence Storage Building and Morgue Project Items -The replacement
of the existing Sheriff's Evidence structure and the construction of a County owned Morgue, have been
included in the Capital Improvement Program (CIP) since 2004. The Board of Supervisors approved the
initial architectural programming services for this project on August 11, 2015, and the programming is
complete. It is recommended that the Board of Supervisors take the following actions: 1) Approve an
amendment of the CIP to combine the two projects (Morgue facility and Evidence Storage facility) into a
single combined project, change the completion date, increase the total project cost, increase the total
building square footage, and change the funding sources; 2)Approve a budget adjustment to appropriate
an additional $100,000 for anticipated expenses though the rest of the fiscal year;and 3)Award a contract
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-2/23/2016
to Nacht & Lewis to perform Design-Build Performance Criteria Architectural services for the Evidence
Storage Building and Morgue project - action requested - 1) APPROVE CIP AMENDMENT; 2) APPROVE
BUDGET ADJUSTMENT(4/5 vote required);AND 3)APPROVE AGREEMENT AND AUTHORIZE THE CHAIRTO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (General Services/Sheriff)
Sheriff Kory Honea provide a report.
MOTION: I MOVE TO APPROVE CIP AMENDMENT; APPROVE BUDGET ADJUSTMENT; AND APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Motion: Wahl; Second:Teeter)
VOTE: Motion APPROVED 5 -0
PUBLIC COMMENT(each speaker limited to five minutes) (None)
CLOSED SESSION
7.01 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
7.02 ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(1) - 1 CASE: DEBRA TREW-WORKERS'
COMPENSATION CLAIM, CLAIM NUMBER: BUAG-543327.
7.03 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
There were no announcements out of Closed Session.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES-2/23/2016
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 ON MARCH 8, 2016.
BILL CONNELLY, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
PAGE 12