HomeMy WebLinkAboutM041012 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/10/2012
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 Yamaguchi
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
1207-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, REQUESTED ITEM 3.16 (THE AGREEMENT WITH
ENLOE MEDICAL CENTER TO PROVIDE AMBULANCE SERVICES) BE REMOVED FROM THE
AGENDA WITH NO ACTION. HE STATED THIS ITEM WILL COME FORWARD AT A FUTURE
MEETING.
1207-002 CONSENT AGENDA
1. Resolution Acknowledging the Retirement of Lisa Cox, Assistant Director - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health)
2. Skyway House - Butte County Department of Behavioral Health (BCDBH) requests approval from the
Board of Supervisors to amend its agreement with Skyway House. This amendment will add Assembly
Bill 109, Criminal Justice Realignment (AB109) funds not included in the original contract. The term of
this agreement remains July 1, 2011 through June 30, 2012. The maximum financial obligation under
this agreement shall not exceed $180,971.52 (this is an increase of $70,639.10 for fiscal year (FY)
2011/2012).This contract is within the FY 11/12 budget utilizing AB109 funding and state and federal
grant funds. This has no impact on the County General Fund - action requested -APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Behavioral Health)
3. Budget Adjustment - BCDBH provides funding to the Department of Social Services (DESS) for various
services. Due to the changes in the following two programs: 1) Substance Abuse and Mental Health
Services Administration (SAMHSA) Family Enrichment and Support Team Project; and 2) Options for
Recovery Project, BCDBH requests a budget adjustment reducing funding to DESS by $78,799. The
SAMHSA project provides family-centered support to children, their parents and caregivers. BCDBH will
be directly contracting for several of the items originally anticipated to be handled by DESS.The Options
for Recovery project was part of the Touchstone Perinatal Outpatient Program, which was operated by
Enloe Medical Center. Effective October 1, 2010, Enloe closed the Touchstone program and DBH
assumed the operation. Instead of funding DESS, which matched the money with grant funds and
passing it through Enloe, DBH will fund this program directly. A reduction in the amount of$78,799 will
go to DESS. There is not impact to the County General Fund - action requested - APPROVE BUDGET
ADJUSTMENT. (Behavioral Health)
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/10/2012
4. Resolution Authorizing Chair to Sign Agreement between State Department of Alcohol and Drug
Programs and Butte County Department of Behavioral Health and Rescinding an Earlier Resolution -The
State Alcohol and Drug Program Standard Agreement provides the majority of funding for the BCDBH
alcohol and drug programs. The agreement includes funding for drug medi-cal and non-drug medi-cal
clients, perinatal services, Friday Night Live/Club Live youth prevention services, adult and youth alcohol
and drug treatment programs, HIV testing and counseling. The department requests approval from the
Board of Supervisors to amend its Combined Negotiated Net Amount (NNA) and Drug Medi-Cal
agreement from the State Department of Alcohol and Drug Programs to reflect funding increases for FY
2011/2012 and funding decreases for FY 2012/2013. The revised multi-year agreement total shall be
$6,271,941, broken down as follows: FY 10/11 - $2,296,851; FY 11/12 - $2,414,777 (increase of
$204,381); FY 12/13 - $1,560,313 (decrease of $563,628). BCDBH also requests approval from the
Board of Supervisors to rescind the resolution authorizing adopted by the Board on 12/13/11. The State
has requested a new resolution be approved. There is no impact to the County General Fund - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN AND RESCIND THE PREVIOUSLY
APPROVED RESOLUTION NO. 11-129. (Behavioral Health)
5. Administrative Hearing Officer Services - In 2009, Butte County issued a Request for Proposals (RFP) to
qualified attorneys to conduct administrative hearings resulting from enforcement of the County's
ordinances including but not limited to: illegal refuse dumping, nuisance abatement, abandoned vehicle
abatement, and animal seizure. Thirteen attorneys were selected as a result of the RFP process, and
each entered into a three-year agreement with the County. Twelve attorneys who were originally
selected through the RFP process agreed to continue providing administrative hearing services by
extending the agreements for another three years with all other terms remaining the same. As in the
original agreement,the attorneys will serve on a rotational basis. It is requested that the Board approve
the contract amendments with the following attorneys: Leo Battle, Bruce Finch, Michael Gallert, Robert
Hewitt, Brooks M. Houghton, Sara Knowles, Jennifer Kurlan, Richard Leland, Marc Lyde, Andrew
Morrisey,Joseph Schultz and Maria Lathrop Winter.The cost for administrative hearing officers remains
unchanged at $180/hour. County departments that use the hearing officers include the costs in their
budgets - action requested - APPROVE AGREEMENT AMENDMENTS AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Chief
Administrative Office)
6. The Dease Group Consulting - The Butte County Board of Supervisors authorized the Emergency
Services Officer to apply for funding under the FY 2011 Homeland Security Grant Program (FY11 HSGP).
The HSGP provides funds to be used for projects benefiting jurisdictions throughout the County. On
December 13, 2011, the Board recognized unanticipated revenue to be used for planning activities.
One of the grant approved planning activities is to update local Emergency Operations Plans (EOP). The
EOP outlines types of emergencies or disasters that may affect the County and its jurisdictions and their
roles in responding to and recovering from emergencies or disasters. The Butte County EOP along with
the EOPs for Chico, Oroville and Paradise were updated using prior year Homeland Security Grant
Funds. The funds from the FY11 HSGP will be used to update the EOPs for the Cities of Biggs and
Gridley. In order to update the Emergency Operations Plans, an RFP was issued to find a consultant with
knowledge of the required guidelines and experience in writing plans. A review panel was assembled to
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/10/2012
select the best contractor within the budget constraints of the FY11 Homeland Security Grant Program.
The Dease Group Consulting will be contracted at a cost of$26,250 for the term April 13, 2012 through
December 31, 2012. The grant is 100% reimbursable. Reimbursement will be requested on a quarterly
basis - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Chief Administrative
Office)
7. Resolution for Update of Butte County Local Hazard Mitigation Plan and Establishment of Planning
Committee - Butte County is in the process of updating its Multi-Jurisdictional All Hazard Pre-Disaster
Mitigation Plan, dated March 2007 in support of the Federal Emergency Management Agency's Disaster
Mitigation Act of 2000 (DMA) and to remain eligible for future federal disaster mitigation grant funding.
The DMA and the National Flood Insurance Program's Community Rating System (CRS) Program require
the County and incorporated communities to adopt an updated Hazard Mitigation Plan on a 5-year
basis. To fulfill DMA and CRS requirements, the County, the public and other stakeholders must be fully
involved in the planning process by forming a Local Hazard Mitigation Planning Committee. This
resolution is in recognition of the support of the Butte County Board of Supervisors to the update of the
2007 Butte County Multi-Jurisdictional All Hazard Pre-Disaster Mitigation Plan and for the establishment
of the Local Hazard Mitigation Planning Committee - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office)
8. Richard Price, Agricultural Commissioner/Director Weights and Measures - Board approval of an
employment contract renewal with Richard Price as Agricultural Commissioner/Director Weights and
Measures, is requested. The term of this agreement is for four years beginning on May 8, 2012 and
terminating on May 7, 2016. The annual salary remains the same at $124,089 - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Chief Administrative Office)
9. Budget Adjustment - The Fire Department received authorization from the Board of Supervisors in FY
2011/2012 to purchase two new engines for a total of $760,000 ($380,000 each) using the Equipment
Replacement Fund (Fund 42). The Fire Department is in the process of issuing a Purchase Order for
these two engines. However, due to the rising cost of steel/metal and manufacturing, as well as the new
emissions requirements on diesel motors, the anticipated cost for one engine is now almost $435,000.
Consequently, the Board of Supervisors is requested to authorize the use of an additional $110,000 in
Fund 42 fund balance for the two engines.The Fire Department would like to submit the purchase order
in the current fiscal year in order to begin the process as the manufacture of a fire engine can take up to
one year or more. However, no expenditure will be made for either engine until FY 2012/13.There is no
impact to the General Fund in the current fiscal year. The Equipment Replacement Fund will charge
increased equipment use allowance to the Fire Department budget beginning in FY 2012/13 due to the
increased replacement cost - action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required).
(Chief Administrative Office)
10. North Highland Company - Butte County Information Systems and the Office of Emergency
Management were notified of selection to receive funds that have been reallocated under the FY 2007
Public Safety Interoperable Communications (PSIC) Grant. This funding will be used for interoperable
communications system planning activities and equipment to benefit the 18 counties that comprise the
Northern Planning Area of California (NPAC), which include Butte, Colusa, Del Norte, Glenn, Humboldt,
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/10/2012
Lake, Lassen, Mendocino, Modoc, Nevada, Plumas, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity and
Yuba. In November 2008, a competitive bid went out for a regional planning document for all 18
counties in the NPAC using the FY07 PSIC grant funds. North Highland Company was awarded a contract
to improve communications interoperability for first responders. The contract is held by Butte County
on behalf of the NPAC for this project. As agreed to by the Governance and Funding Workgroup of the
Northern Planning Area, $25,461 of the reallocated PSIC grant dollars will be used for a three-month
extension of the contract with North Highland to continue the work they've been doing towards
interoperability planning for the region. This is a 100% reimbursable grant. Funds will be requested
upon expenditure each quarter - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER;AND APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Chief Administrative Office)
11. Fixed Asset Purchase and Budget Adjustment - Butte County applied for and was awarded the FY 2011
Emergency Management Performance Grant (EMPG). On January 24, 2012 the Board of Supervisors
approved purchases that included mobile radios. A mobile radio needs to be purchased for the
Emergency Services Officer to be narrowband compliant. This radio will be a fixed asset and requires
Board action.The amount of the radio will not exceed $6,500. No additional appropriation is required as
the department has sufficient funding within its budget and 50% will be reimbursed by EMPG funds -
action requested - APPROVE FIXED ASSET PURCHASE AND APPROVE BUDGET ADJUSTMENT. (Chief
Administrative Office)
12. Annual Notification of Compliance with Continuing Disclosure Requirements for Debt Issuance - The
County has committed to meet Continuing Disclosure Requirements as specified in the documentation
for issuance of long term debt. Currently, the 2003 Refunding Certificates of Participation, the 2004
Pension Obligation Bonds, and the 2006 Certificates of Participation are the outstanding long term debt
issues for which specific Disclosure documents must be filed timely with the Municipal Securities
Rulemaking Board (MSRB), via Electronic Municipal Markets Access (EMMA). Additionally, the United
States Department of Agriculture (USDA), pursuant to the Bangor Fire Station #55 Certificates of
Participation, and the holders of the long term capital lease arrangements, such as the financing for the
Veterans' Halls in Chico and auto and equipment leases, require annual reporting of financial
information directly to each lender. To ensure documentation of the County's compliance with the
Continuing Disclosure Requirements,the Board of Supervisors is provided with evidence of timely filings
on an annual basis. During the current fiscal year, all of the required annual disclosure information was
provided timely to EMMA, the USDA, all other interested parties, leasing agencies, and credit reporting
agencies. The attached documentation, which includes confirmations of this year's filings with EMMA
and a copy of the Miscellaneous Statistical Information for Butte County, supports this certification that
all Continuing Disclosure Requirements have been met for the fiscal year ending June 30, 2011 - action
requested -ACCEPT FOR INFORMATION. (Chief Administrative Office)
13. Appointment to the In-Home Supportive Services Advisory Committee - On December 19, 2000, the
Board of Supervisors established the Butte County In-Home Supportive Services Advisory Committee.
Eleven members were appointed in accordance with Welfare and Institutions Code 12301.3.
Membership must include a combination of IHSS recipients, providers, community/agency
members/and or county staff. The members of the IHSS Advisory Committee serve staggered terms.
The Advisory Committee is recommending the appointment of Mr. Thomas Edgar as a recipient
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/10/2012
representative to fill a term left vacant in December 2010. The term ends on December 31, 2014.
Advisory Committee Chair, Mark Gordon supports this request - action requested - MAKE
APPOINTMENT. (Employment and Social Services)
14. Contract Award for Construction of Improvements to 492 Rio Lindo Avenue -The Capital Improvement
Program (CIP), adopted on March 29, 2011, includes the remodeling of the County owned property at
492 Rio Lindo Avenue in Chico to accommodate the needs of the Butte County Behavioral Health
Department. Invitation for Bids (IFB) 66-12 was issued by General Services to solicit formal bids for the
construction of the project that includes improving compliance with the Americans with Disabilities Act
(ADA), exterior concrete demolition, flooring, wall and ceiling upgrades as well as upgrades to the
heating, ventilation and air conditioning and roofing systems. A Notice to Contractors and all bid
documents were sent to the general contractors listed on the County Master Vendor Database and to
nine local Plan Rooms. Twelve Contractors submitted bids, ranging from a low bid of$249,865 to a high
bid of $435,244.44. True North Constructors, Anderson, CA submitted the lowest responsive bid at
$249,865. Approval of the fixed assets and the transfer of$376,500 in funds from Behavioral Health to
the Capital Project Fund 41 was approved by the Board on October 11, 2011. The maximum total of this
contract is $249,865. There is no impact on the General Fund - action requested - AWARD THE
CONTRACT TO TRUE NORTH CONSTRUCTORS AND AUTHORIZE THE CHAIR TO SIGN; AND APPOINT THE
GENERAL SERVICES DIRECTOR AS THE OFFICER OF THE PROJECT. (General Services)
15. Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance which will increase the total allocations in the Public Works
Department by one full time position.
Public Works: The Public Works Department is requesting to add one (1) position of Road Maintenance
Worker, Lead to their allocations. For the past 14 years, the Sheriff's Office and the Public Works
Department have coordinated a Sheriff Road Crew (Crew) to do brush clearing and litter-pickup along
County-maintained roadways, under the supervision of a Sheriff Deputy. With the onset of AB109 and
the Alternative Custody Program, the Sheriff's Office is able to provide a reliable workforce to Public
Works. By creating an additional Crew, then it is feasible to take advantage of additional help in
maintaining the County's roadways. Public Works plans to have the current Supervisor Road
Maintenance coordinate both Crews, along with the help of the additional Road Maintenance Worker,
Lead position. This new Road Maintenance Worker, Lead position would assist with transporting the
second Crew to locations in need of roadway maintenance. The new Road Maintenance Worker, Lead
position has a current fiscal year cost of$18,000 and an annual cost of$71,495. Ongoing annual funding
for the new position can be provided by the Road Fund. This change will have no fiscal impact on the
General Fund - action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
16. NRC Environmental Services, Inc. - Household hazardous waste (HHW) requires special handling in
regulations enforced by the Department of Toxic Substance Control (DTSC), the Department of
Resources Recycling and Recovery (CalRecycle) and the local enforcement agencies. Additionally, AB
939 required all jurisdictions in the state to approve a HHW Element (plan) as part of their County-wide
Integrated Waste Management Plan. The Butte Regional HHW Facility is a key component of the
County's HHW Element, for meeting regulatory requirements and especially for the needs of residents
and small businesses within Butte County. For ten years the County has contracted with NRC
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/10/2012
Environmental Services/AC Industrial Services for the operation of the Butte Regional HHW Facility.
Staff has researched potential options available to the County including: negotiate with current service
provider, determine if other permitted facilities and qualified operators are available in the Chico area,
and investigate developing a permanent HHW facility at the Neal Road Recycling and Waste Facility.
Staff has selected the option of contracting with the current service provider and is in the process for
finalizing the terms of that agreement. Staff is requesting to amend the term of the current agreement
until July 25, 2012 to allow adequate time to properly develop a new agreement for the Board's
consideration and provide for uninterrupted operation of the Butte Regional HHW Facility. There is no
cost increase.The amendment extends the current agreement from February 27, 2012 to July 25, 2012 -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Works)
17. Fixed Asset Purchase and Budget Adjustment - For the past 14 years,the Sheriff's Office has provided an
Inmate Road Crew (Crew) to the Public Works Department to clear brush and pick up litter along
County-maintained roadways under the supervision of a Deputy Sheriff. With the onset of AB109 and
the Alternative Custody Program (ACP), the Sheriff's Office is able to provide additional workers from
the ACP to Public Works for a second Crew. Public Works is proposing to have the current Road
Maintenance Supervisor coordinate both Crews, along with the help of an additional Lead Road
Maintenance Worker position. The new Lead Road Maintenance Worker position would assist with
transporting and supervising the second Crew to locations in need of general roadway maintenance
such as litter pick up, drainage ditch cleaning and other typical manual labor duties. Public Works also
proposes to purchase an additional van for the second Crew at a one-time cost of $45,000. The
annualized cost for the new Lead Road Maintenance Worker position is $71,495 with the current fiscal
year cost estimate of $18,000 (see related Human Resources item amending the Salary Ordinance on
this agenda [Item 3.15]) -action requested -APPROVE FIXED ASSET PURCHASE AND APPROVE BUDGET
ADJUSTMENT(4/5 vote required). (Public Works)
18. Financial Assurance for Future Cost of Closure of Butte Regional Household Hazardous Waste Facility -
Title 22 of the California Code of Regulations, Section 67450.30 requires all public agencies operating
Permanent Household Hazardous Waste Collection Facilities to submit a Certificate of Self-Insurance or
other financial assurance instrument that would provide funds for the cost of future closure of the
facility. Butte County is the public agency operating the Butte Regional Household Hazardous Waste
Facility and must conform to this regulation. A Certificate of Self-Insurance form must be signed by a
public agency official. This form is to be filed annually with an amended closure cost estimate. The
estimate was completed by the facility contractor, NRC Environmental Services Inc., and is based on the
projected annual disposal costs for the facility pursuant to the statute referenced above. The current
closure cost estimate is $113,360. When needed, cost of closing the facility would be funded by the
Neal Road Recycling and Waste Facility Fund - action requested -AUTHORIZE THE DIRECTOR OF PUBLIC
WORKS TO SIGN THE CERTIFICATE OF SELF-INSURANCE FOR THE BUTTE REGIONAL HOUSEHOLD
HAZARDOUS WASTE FACILITY. (Public Works)
19. NewPoint Group -On June 14, 2011 Board meeting, the Public Works Department presented options to
the Board that would help develop a sustainable source of revenue for the Neal Road Recycling and
Waste Facility (NRRWF), and the Board directed staff to continue working with the haulers on proposed
franchise agreements for the unincorporated areas of the County with the intent to increase flow of
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/10/2012
municipal solid waste to NRRWF and return to the Board for consideration of: (1) an agreement with
the 3 major haulers to fund a 3rd party consulting firm to review/consider proposed franchise areas;
and (2) an agreement with a 3rd party consulting firm to work with the haulers and the County to
review and consider proposed franchise areas. In October 2011, staff released a Request for Proposals
to collect and evaluate data and make recommendations that could potentially result in the
development of franchised waste and recycling collection zones. Two proposals were received. Staff
evaluated the proposals and selected the NewPoint Group as the most qualified and responsive
proposal. A scope of work has been developed to include collecting data for both the unincorporated
areas and the City of Chico as the Board also directed staff to coordinate with the City of Chico to
coordinate services in the unincorporated areas in the Greater Chico Area. Staff has also negotiated
with the County's permitted waste collectors (Recology, Waste Management, and Northern Recycling
and Waste Services) to reimburse the County for the cost of the consultant. Formal reimbursement
agreements are being developed. Staff requests approval of an agreement with NewPoint Group. The
cost of the agreement is $49,950 and will be reimbursed by the County's permitted waste haulers who
have agreed to reimburse the County. There is no impact to the County's General Fund - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Works)
20. Mar-Ken International - Mar-Ken International provides patrol dog training for the Butte County
Sheriff's Office five teams of Deputy and K-9 handlers.The term of this six-year contract for training and
support services is February 29, 2012 through February 28, 2018 with a contractual maximum payable
of $143,712, or $23,952 per fiscal year (department budget). The service consists of monthly training
sessions, in Butte County, for the five Sheriff canine teams to include legal updates, building search,
area search, suspect apprehension, handler protection, felony vehicle stops, tracking, evidence
recovery, narcotics and explosives detection. Further, Mar-Ken provides courtroom expert testimony as
requested. The contract has been reviewed and approved by the County Contracts Division and County
Counsel - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Sheriff-Coroner)
21. Resolution Recognizing April 2012 as Child Abuse Prevention Month - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Butte County Child Abuse Prevention Council)
22. Gridley-Biggs Cemetery District (GBCD) -At the request of the District Manager of the GBCD, reappoint
Larence D. Hamman to a term to end May 1, 2016 - action requested - MAKE APPOINTMENT. (Other
Departments and Agencies)
23. Housing Authority of the County of Butte - At the request of the Executive Director of the Housing
Authority, reappoint Patricia Besser and Rebecca Graham as Tenant Commissioners. Both terms will end
April 11, 2014 -action requested - MAKE APPOINTMENTS. (Other Departments and Agencies)
24. Butte County Law Library Board of Trustees - At the request of the Law Library Director, reappoint R.
Bruce Finch and Raoul LeClerc as trustees. Both terms will end January 10, 2013 - action requested -
MAKE APPOINTMENTS. (Other Departments and Agencies)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/10/2012
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.16 (THE AGREEMENT
WITH ENLOE MEDICAL CENTER TO PROVIDE AMBULANCE SERVICES) WHICH WAS REMOVED FROM
THE AGENDA(MOTION: CONNELLY; SECOND:YAMAGUCHI)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA
1207-003 Boards, Commissions and Committees
1. Appointments to Listed Vacancies (NONE)
2. Board Member or Committee Reports
SUPERVISOR YAMAGUCHI REPORTED A MEETING OF THE FIRE SAFE COUNCIL
1207-004 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT.
1207-005 General Plan Follow-Up and Implementation by Director of Development Services.
TIM SNELLINGS, DEVELOPMENT SERVICES DIRECTOR PROVIDED A REPORT. CLAUDIA STUART,
PRINCIPAL PLANNER ALSO PROVIDED A REPORT.
1207-006 9:30 a.m. Public Hearing - United States Department of Agriculture (USDA) Loan Application,
Reimbursement Resolution, Award of Service Contracts and Budget Adjustments for the Butte
County Hall of Records - On November 8, 2011, the Board of Supervisors approved submittal of a
pre-application to the USDA for a loan to fund construction of a Butte County Hall of Records. The
USDA reviewed the County's pre-application and has requested that the County submit a full
application. In order to reimburse itself from loan proceeds, the County must adopt a
Reimbursement Resolution. As provided for in past loan application processes, the Board is
requested to authorize the Chief Administrative Officer to sign all documents related to and within
the loan application. Staff recommends the award of contract for the design of the facility to Russell,
Gallaway Associates, Inc. (RGA) and the award of contract to Guillon Inc. Construction, for pre-
construction planning and construction management services, including finalizing the building plans
to be compliant with the quality outlined in the General Plan and to assist the County in soliciting for
qualified construction services. These services include the contracted cost of all the speciality
engineering, materials testing, geotechnical analysis and building commissioning. Approval is
requested for budget adjustments utilizing $200,000 in Clerk-Recorder revenues within allowable
uses to fund a portion of the current year project costs and prior to the funding of the USDA loan. If
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/10/2012
the loan is approved, the County will be required to repay a loan not-to-exceed $8 million with
funding from the Elections Divison, the Clerk-Recorder Division, Facility Replacement Reserves and
Development Impact Fees. The funding dedicated to this repayment stream would not be available
for other capital projects -actions requested - 1)APPROVE SUBMISSION OF LOAN APPLICATION AND
AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO EXECUTE ALL DOCUMENTS RELATED TO THE
LOAN; 2) ADOPT REIMBURSEMENT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; 3)
APPROVE THE AGREEMENT WITH RUSSELL GALLAWAY ASSOCIATES, INC AND AUTHORIZE THE CHAIR
TO SIGN; 4)APPROVE AGREEMENT WITH GUILLON INC. CONSTRUCTION AND AUTHORIZE THE CHAIR
TO SIGN; AND 5) APPROVE THE BUDGET ADJUSTMENTS. (4/5 vote required)(General Services)
GRANT HUNSICKER, DIRECTOR OF GENERAL SERVICES, PROVIDED A REPORT.
RUDYJENKINS ADDRESSED THE BOARD.
MOTION: I MOVE TO: 1)APPROVE SUBMISSION OF LOAN APPLICATION AND AUTHORIZE THE CHIEF
ADMINISTRATIVE OFFICER TO EXECUTE ALL DOCUMENTS RELATED TO THE LOAN; 2) ADOPT
REIMBURSEMENT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; 3) APPROVE THE AGREEMENT
WITH RUSSELL GALLAWAY ASSOCIATES, INC AND AUTHORIZE THE CHAIR TO SIGN; 4) APPROVE
AGREEMENT WITH GUILLON INC. CONSTRUCTION AND AUTHORIZE THE CHAIR TO SIGN; AND 5)
APPROVE THE BUDGET ADJUSTMENTS. (MOTION:WAHL; SECOND:YAMAGUCHI )
VOTE: Motion APPROVED 5 —0
1207-007 Capital Assets Policy - Butte County owns hundreds of millions of dollars of capital assets in the form
of infrastructure (roads and bridges), buildings, vehicles, and equipment. One means of ensuring
proper accounting and tracking of these assets is with the establishment of a Capital Assets Policy
(formerly referred to as Fixed Assets). This policy sets forth the parameters, on a county-wide basis,
to establish and maintain a systematic method for capturing capital asset data for internal and
external use. Governmental Accounting Standards Board Statement 34 requires that all capital assets
(meeting threshold parameters as established in this policy) be reported in the government-wide
balance sheet of the Comprehensive Annual Financial Report. This policy provides authority for all
elements of capital asset management. The proposed policy was developed based on
recommendations by the Government Finance Officers Association, State guidelines, current
practices by other California jurisdictions, and broad input from County departments. It largely
reflects current practices, clarifies responsibilities, and provides definitions. The most significant
change is the increase in capitalization thresholds from $5,000 to $25,000. If approved by the Board
of Supervisors, all tangible assets, except vehicles, that cost less than $25,000 will be recorded as a
supply expense, rather than a capital expense - action requested - ADOPT THE CAPITAL ASSETS
POLICY. (Administration)
GREGORY G. ITURRIA, CHIEF FINANCIAL OFFICER, PROVIDED A REPORT.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/10/2012
MOTION: I MOVE TO ADOPT THE CAPITAL ASSETS POLICY. (MOTION: KIRK; SECOND:WAHL)
VOTE: Motion APPROVED 5 —0
1207-008 County Comments on the Central Valley Flood Protection Plan and its Associated Draft Program
Environmental Impact Report - As a result of the passage of California Senate Bill (SB) 5 in 2008,the
California Department of Water Resources (DWR) was directed to prepare the first comprehensive
floodplain management plan for the Sacramento and San Joaquin valleys. The plan entitled the
Central Valley Flood Protection Plan (CVPP) is designed to assist the State and local floodplain
managers to prioritize and develop funding strategies to improve the flood protection for the
citizens and businesses of the Sacramento-San Joaquin (Central) valley. The CVFPP and its
associated Draft Program Environmental Impact Report (DPEIR) have been prepared by the DWR
but must be adopted by the Central Valley Flood Protection Board (CVFPB). The schedule for
adoption by the CVFPB is July of 2012. Comments on the draft plan and DEIR are to be submitted to
the CVFPB by April 20, 2012. The plan currently addresses a number of projects through out the
Central Valley including projects in Butte County. County staff from the Departments of Public
Works, Development Services, Agricultural Commissioner and Water Resource and Conservation
have reviewed both the CVFPP and its associated DPEIR and how the proposed plan will affect the
citizens and businesses of Butte County. While supportive of the overall concept of the CVFPP,
County staff have some issues with specific projects in the proposed plan. These issues are
addressed in letters to DWR and CVFPB. The main concern is the proposed Feather River Bypass
and its effect on agricultural operations in the area near Richvale. At the same time County staff
strongly support the proposed improvements to the levee system that protects the City of Chico -
action requested -APPROVE LETTERS AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS AND TOM FOSSUM, MANAGER OF LAND
DEVELOPMENT PROVIDED A REPORT.
MOTION: I MOVE TO APPROVE LETTERS AND AUTHORIZE THE CHAIR TO SIGN (MOTION: CONNELLY; SECOND:
YAMAGUCHI)
VOTE: Motion APPROVED 5 —0
1207-009 PUBLIC COMMENT (each speaker limited to five minutes)
GEORGE MENAS AND LESLIE MORE ADDRESSED THE BOARD.
RECESS:
THE BOARD RECESSED AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND
CONVENED AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD.
PAGE 10
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/10/2012
IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD
APRIL 10, 2012
MINUTES
CALL TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville
Members present: Connelly Wahl, Kirk, Lambert and Yamaguchi
1207-001 CONSENT AGENDA
1. Successor Memorandum of Understanding (MOU), Butte County In-Home Supportive Services Public
Authority (IHSS) -Over many months, the Public Authority bargaining team for the Butte County IHSS has
met and conferred over a new MOU with the California United Homecare Workers Union (CUHW). CUHW
has ratified the terms of the Public Authority's Offer for a new MOU that will supersede and replace the
MOU that expired on September 30, 2009. The term of the new MOU will be October 1, 2009 through
September 30, 2012 with no retroactive benefits. The MOU includes a $0.05 per hour increase in
compensation for covered providers (workers) and reference to the new health insurance provider that
has been selected. The replacement health insurance plan's reduced costs will allow the increase in
hourly wage to have no impact on the overall budget. There will be no overall fiscal impact on the IHSS
budget—action requested -APPROVE THE MOU AND AUTHORIZE THE CHAIR TO SIGN.
2. Administrative Services Agreement, Butte County In-Home Supportive Services Public Authority - In order
to complete the implementation of the previous agenda item (item 2.01) regarding the Butte County IHSS
Memorandum of Understanding with the CUHW, the Public Authority Board must approve the following:
1) Administrative Services Agreement between the IHSS, CUHW and Walker Benefit Insurance Solutions
L.L.C. Walker Benefit Insurance Solutions is a third party administrator that receives no money from the
Public Authority; and 2) Contract with Pan America Life Insurance Company. Both the Administrative
Services Agreement and the contract with Pan America Life Insurance Company are to begin on June 1,
2012. Under the provisions of the new MOU between the Butte County IHSS and the California United
Homecare Workers Union (AFSCME/SEIU), the Pan American Life Insurance Company will provide its
'PanaMed' limited benefit indemnity plan coverage to eligible providers (employees covered by the
MOU). Such coverage will be extended in accordance with the eligibility standards in the MOU. PanaMed
is not basic health insurance or major medical coverage, but rather, is a limited benefit plan that pays a
fixed benefit amount to help cover the cost of common medical services. Coverage includes dental and
vision benefits, accident benefits, and accidental death and dismemberment benefits. A prescription
drug plan benefit is also included. The cost of this health plan has no fiscal impact on the IHSS budget—
action requested—APPROVE THE TWO AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA.(MOTION: CONNELLY; SECOND: WAHL)
VOTE: Motion APPROVED 5 -0
PAGE 11
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/10/2012
REGULAR AGENDA(No Items)
PUBLIC COMMENT(each speaker limited to five minutes) (NONE)
1207-002 CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR PURSUANTTO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATOR: 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 12
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/10/2012
1207-010 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES& BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA,
DSA- MANAGEMENT/SUPERVISORY UNIT,
DSA-GENERAL UNIT,
BCCOA-SUPERVISORY UNIT,
BCCOA-GENERAL UNIT.
2. ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a):4 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; AND
4. IN RE: BUTTE COUNTY DEPARTMENT OF BEHAVIORAL HEALTH FISCAL PERIOD:JUNE 30, 2003,
STATE OF CALIFORNIA DEPARTMENT OF HCS, OFFICE OF ADMINISTRATIVE HEARINGS AND
APPEALS, APPEAL NO. MH8-0603-739-MS
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
APRIL 24, 2012
PAGE 13