HomeMy WebLinkAboutM041216 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/12/2016
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
Paul Hahn, Chief Administrative Officer, informed the Board that the Sheriff's Office has requested to remove
Item 3.30 (Contract with Anderson LLC Sober Living Environment for Alternative Custody Inmates) from today's
agenda. The Department is working with the contractor on some details and expects the contract will return on
a future agenda.
Supervisor Wahl requested Item 3.19 (Budget Adjustments for Public Projects Requested by the Department of
Employment and Social Services) be removed from the consent agenda for discussion on the regular agenda.
Supervisor Kirk requested Item 3.20 (Adoption of Two Ordinances Repealing and Replacing Chapters 46 and 51 of
Butte County Code) be removed from the consent agenda for discussion on the regular agenda.
CONSENT AGENDA
3.01 Approval of Behavioral Health Board Member Appointment -The Butte County Behavioral Health Board
(BHB)requests approval to appoint Daniel Cavanaugh as a community member.The first term membership
will begin upon approval and end on December 31, 2019 - action requested - APPOINT DANIEL
CAVANAUGH ASA COMMUNITY MEMBER TO A TERM ENDING DECEMBER 31, 2019. (Behavioral Health)
3.02 Amendment with Chico Community Shelter Partnership -The Chico Community Shelter Partnership is a
non-profit organization dedicated to assisting individuals in their efforts to achieve self-sufficiency and a
more stable lifestyle. The Chico Community Shelter Partnership has operated the Torres Community
Shelter for over 13 years, providing shelter and related social services to those experiencing homelessness
in the community. Approval is requested to amend the agreement with Chico Community Shelter
Partnership to increase program funding based on client need.The term of this agreement will remain July
1, 2015 through June 30, 2016. The maximum financial obligation under this agreement shall not exceed
$108,000 (this is an increase of $20,000) - action requested -APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
(Behavioral Health)
3.03 Amendment with Kindred Healthcare, dba Medical Hill Rehab Center, LLC - Kindred Healthcare provides
services targeted at improving the adaptive functioning of chronic mentally disordered patients to enable
some patients to move into a less restrictive environment and prevent other patients from regressing to a
lower level of functioning. Approval is requested to amend the agreement with Kindred Healthcare to
increase bed days and enhancement services needed for client placements through fiscal year (FY) 2015-
16.The increase is due to additional consumer placement needs. There are no changes to rates, and the
term of this agreement will remain July 1, 2015 through June 30, 2016.The maximum financial obligation
under this agreement shall not exceed $86,790 (this is an increase of $26,400) - action requested -
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/12/2016
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.04 Appointment to the Sacramento River Forum (formerly the Sacramento River Conservation Area Forum)
Board of Directors - Supervisor Lambert nominates Richard Price to serve as the Butte County Public
Interest member-action requested - MAKE APPOINTMENT. (Board of Supervisors)
3.05 Cash Advance for Community Development Block Grant (CDBG) and Home Investments Partnerships
Program (HOME) - On June 24, 2014, the County of Butte entered into a grant agreement with the State
Department of Housing and Community Development (HCD). The total grant award is $700,000 and the
activities include housing rehabilitation and grant administration. Additionally,on July 21, 2015 the County
of Butte entered into a grant agreement with HCD. The total grant award is $952,351, and the activities
include housing rehabilitation, microenterprise technical assistance and grant administration. In order to
prevent delays to housing rehabilitation and microenterprise technical assistance engagements due to
reimbursement from the State, the Department requests that the Board of Supervisors authorize a cash
advance of up to $1,500,000 from the General Fund to the CDBG Fund. The cash advance will allow
rehabilitation and microenterprise technical assistance to continue without interruption until
reimbursement is received from the State and the advance repaid in full. The Board has approved similar
cash advances for the CDBG Fund over the last five years-action requested -APPROVE A CASH ADVANCE
FROM THE GENERAL FUND TO THE CDBG PROGRAM GRANTS FUND OF UP TO $1,500,000. (County
Administration)
3.06 Agreement with Burnham Benefits Insurance Services - Butte County provides a variety benefits to its
employees including, but not limited to: health, dental and vision insurance; life and accidental death and
dismemberment insurance; supplemental life insurance; long-term disability insurance; employee
assistance program (EAP);and flexible spending accounts(FSA). Currently, Human Resources Department
staff are responsible for identifying, analyzing, and contracting for all benefits, as well as staying up-to-
date on the ever changing regulatory environment surrounding employee benefits including the
Affordable Care Act and the Internal Revenue Code. Due to high health care premiums through CalPERS,
and feedback from CalPERS that it will not offer plan design changes that will assist in reducing the costs
of health insurance, the Health Insurance Options Working Group (Working Group) was formed in July
2015 to look into health insurance options outside of CalPERS. The Working Group consists of
representatives from all bargaining units, as well as staff from the County Administration and Human
Resources Departments. Through the identification and analysis of options, it became clear that the
County must have a Broker of Record in order to access options outside of CalPERS or other pooled groups,
in addition to needing an advisor on all regulatory matters and compliance issues and assistance in
identifying and negotiating options for employee benefits. The Working Group recommends that the
Board of Supervisors approve a three-year agreement, beginning April 15, 2016 through April 14, 2019,
with Burnham Benefits Insurance Services at an annual cost of$120,000. The annual contract payment
will replace the approximately $118,000 currently paid annually by employees and the County through
commissions to another broker, and service levels will be increased. There will be no commissions to the
broker under this contract - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (County Admin/Human
Resources)
3.07 Approval of Minutes - action requested - APPROVE MINUTES FROM MARCH 22, 2016. (County
Administration)
PAGE 2
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/12/2016
3.08 Amendment to FY 2015-16 Services Agreement Between the Butte County Superior Court and the County
of Butte -On December 8, 2015,the Butte County Superior Court and the County of Butte entered into an
agreement pursuant to Government Code §77212(d)(1) which identifies the services to be provided
between the parties, the method of service delivery, the term of the agreement, the anticipated service
outcomes, and the cost of the services to be provided. The Court migrated to a new case management
system in February 2016. The recommended amendment updates the new system, along with County
responsibilities regarding users. The fee will remain at $50 per year per user. The amendment includes a
new requirement for County Departments to notify the Court when users leave County employment or
otherwise no longer have business need for access, as well as changing the timing of invoicing. All other
terms and conditions remain unchanged - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (County Administration)
3.09 Adoption of an Ordinance adding Article VI, entitled "Regulations for Limited Density Owner-Built Rural
Dwellings", to Chapter 26 -The Board of Supervisors adopted an ordinance temporarily adding Article VI
entitled, "Regulations for Limited Density Owner-Built Rural Dwellings,"to Chapter 26 of the Butte County
Code entitled, "Building" for the Concow, Yankee Hill and Big Bend area in 2009. The ordinance expired
December 31,2015.The Department of Development Services introduced an ordinance on March 22,2016
permanently adding the article to the Butte County Code for the Concow, Yankee Hill and Big Bend area,
and the Board waived the first reading of the ordinance.The ordinance will become effective 30 days after
adoption (May 12, 2016) - action requested - ADOPT ORDINANCE AND AUTHORIZE CHAIR TO SIGN.
(Development Services)
3.10 Memorandum of Understanding Between Department of Employment and Social Services (DESS) and the
California Department of Social Services(CDSS)for the Resource Family Approval (RFA) Program -Approval
is requested for a Memorandum of Understanding(MOU)with CDSS for the provision of the RFA Program.
Butte County has been accepted as an early implementing county for the RFA Program, and this MOU is
an operational agreement between CDSS and the County of Butte to implement the RFA Program effective
March 1, 2016. The California Welfare and Institutions Code §16519.5 requires county child welfare
agencies to implement a unified, family-friendly and child-centered caregiver approval process to replace
the existing multiple processes for licensing foster family homes, approving relatives and non-relative
extended family members as foster care providers,and approving adoptive families. By 2017,all California
counties are authorized to implement the RFA Program, with the mandate that the RFA Program be fully
implemented in all counties on or before July 1, 2019. The RFA program will create a platform for all
caregivers to receive the same information, training and opportunity for support, and the process will
provide staff with guidelines and structure to better prepare families to meet the needs of the foster
children in Butte County. The term of the MOU shall be March 1, 2016 through June 30, 2017. There are
no funds associated with this MOU - action requested -APPROVE THE MOU AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. (DESS)
3.11 Amendment One to Agreement with Counseling Solutions -Approval is requested for amendment one to
the agreement with Counseling Solutions to provide therapeutic counseling for families, couples/parents
and individuals involved in the child welfare system. This program provides individual therapeutic
counseling, as well as topic specific therapeutic groups. The term of the agreement is extended through
June 30, 2018, with a maximum payable amount of $224,700 ($74,900 for FY 2015-16; $74,900 for FY
2016-17; and $74,900 for FY 2017-18).This is an increase of$149,800 applied to FY 2016-17 and 2017-18
PAGE 3
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/12/2016
- action requested - APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (DESS)
3.12 Resolution Recognizing National Crime Victims' Rights Week in Butte County- Board approval is requested
for a resolution which recognizes April 10-16,2016 as National Crime Victims' Rights Week in Butte County.
National Crime Victims' Week provides an opportunity to recognize the County's commitment to victim
services and to assisting survivors with relevant services that support justice and healing of all victims of
crime-action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (District Attorney)
Mike Ramsey, District Attorney, accepted the resolution.
3.13 Volunteer Appreciation Week 2016-Butte County Fire Department-In honor of National Volunteer Week
2016, the Fire Department would like to recognize the Butte County Fire Department Volunteer
Firefighters and Volunteers-in-Prevention (VIP) for donating over 11,300 hours to Butte County
communities. Currently,there are 180 volunteer firefighters in 16 communities that donated 12,400 hours
providing medical and rescue services to their communities. Volunteer firefighters provide a vital role
serving their community by educating their citizens, responding to calls and assisting in community events.
The VIP has a roster of 35 individuals that are trained to respond on a moment's notice to staff the Fire
Call Center during major incidents. These volunteers have worked together for over 18 years, working
long hours, day and night, to provide accurate and timely information with professionalism and
compassion. The Fire Department would like to recognize the volunteers for their time and efforts that
help continue the mission of the Butte County Fire Department. Volunteers give up precious free time to
educate and serve the citizens of Butte County and their efforts do not go unnoticed - action requested -
1) RECOGNIZE AND THANK THE VOLUNTEERS FOR THE GENEROUS DONATION OF TIME AND SERVICE TO
THE BUTTE COUNTY CITIZENS AND THE BUTTE COUNTY FIRE DEPARTMENT; AND 2) ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN. (Fire)
Chief Darren Read accepted this resolution and thanked the volunteers who have worked with Butte
County Fire.
3.14 Secure Rural Schools Contract Amendment - FY 2012-13 - The Fire Department would like to amend a
contract between the County of Butte and the Butte County Fire Safe Council.The original contract has a
termination date of June 30, 2015.The amendment will change the termination date to June 30, 2018.The
original contract was brought to the Board in FY 2012-13 and is funded for projects under the Secure Rural
Schools and Community Self-Determination Act of 2000 (HR1424). These projects consist of Wildland Fire
Education programs and Fire Wise Maintenance and Invasive Plants Community Outreach. Not all of the
projects have been completed,therefore an amendment to extend the termination date is needed-action
requested -APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Fire)
3.15 Secure Rural Schools Contract Amendment - FY 2014-15 - The Fire Department would like to amend a
contract between the County of Butte and the Butte County Fire Safe Council.The original contract has a
termination date of June 30, 2016.The amendment will change the termination date to June 30, 2018.The
original contract was brought to the Board in P34 2012 1 R FY 2014-15 and is funded for projects under the
Secure Rural Schools and Community Self-Determination Act of 2000 (HR1424). These projects consist of
Wildland Fire Education programs and Fire Wise Maintenance and Invasive Plants Community Outreach.
Not all of the projects have been completed, therefore an amendment to extend the termination date is
PAGE 4
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/12/2016
needed - action requested - APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Fire)
3.16 Award of Contract to CDX Wireless, Inc., for Design-Build Services for the Communication Tower - The
Communication Tower located at the Sheriff's Sub Station at 479 East Park Avenue in Chico is integral to
the communications coverage throughout Butte County and is no longer serviceable. Staff recommends
that the Board approve a contract with CDX Wireless, Inc. (CDX)with a not-to-exceed amount of$56,340
for CDX to assist the County with the selection of a Design-Build firm capable of completing final design
and construction services necessary to replace the Tower. In addition, CDX will assist the County with
contract negotiations and provide technical construction support throughout the project. CDX is currently
under contract to assist the County with developing a countywide radio system upgrade and was selected
through formal solicitation. Staff will return to the Board for authorization of the Design Build Contract
once the Design-Build firm solicitation process is complete-action requested-1)APPROVE THE CONTRACT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER;AND 2)APPOINT THE GENERAL SERVICES DIRECTOR AS OFFICER OF THE PROJECT. (General
Services)
3.17 Award of Contract to Santos Excavating, Inc., Path of Travel Improvements at 25 County Center - In
compliance with the County adopted Americans with Disabilities Act Transition Plan, and as part of the
improvements necessary to comply with permitting requirements, the current year budget includes
funding to improve accessibility to the 25 County Center Drive Facility, one of the most active County
buildings. While developing construction plans, staff determined the need to increase the scope of work
to relocate the gas main to the facility and to implement traffic calming improvements to slow traffic to
and from the Courthouse to improve pedestrian safety. The full plans were published on Bid Number 79-
16 through the Chico Enterprise Record, the local Builders Exchange and on the County Public Project
Website and are available for review at the General Services office. Two bids were received, ranging from
a low of $145,741 (Santos Construction, Inc.) to a high of $181,953 (Franklin Construction, Inc.). Staff
recommends that the Board approve the plans and specifications and award the not-to-exceed contract
of$145,741 to Santos Excavating, Inc. -action requested - 1) APPROVE THE PLANS, SPECIFICATIONS FOR
IFB NO. 79-16, BUTTE COUNTY ACCESSIBILITY UPDATE; 2) AWARD THE CONSTRUCTION CONTRACT TO
SANTOS EXCAVATING, INC. AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER; AND 3) APPOINT THE GENERAL SERVICES DIRECTOR AS OFFICER
OF THE PROJECT. (General Services)
3.18 Notice of Completion and Budget Adjustment, Twin Trees, Inc., for Construction Work at the Crisis
Residential Facility - On December 8, 2015, the Board awarded the contract for construction of specific
improvements for the Behavioral Health Crisis Residential Facility located at 556 Cohasset Road, Chico,to
Twin Trees, Inc. These improvements consisted of modifications to the restrooms, living quarters, and
portions of the building exterior necessary to support the Crisis Residential program. The original contract
amount was $188,819 and a total of seven contract change orders were issued during the course of this
project to improve functionality of the completed project for the Department. The change orders totaled
$15,270.90, or 8.1%of the original contract amount, raising the total contract cost to $204,089.90. Staff
recommends that the Board ratify the contract change order numbers 1 through 7 and accept the contract
work as complete. In addition, staff recommends the Board authorize the Chair to sign the Notice of
Completion and that staff be directed to file the attached Notice of Completion with the County Recorder.
In addition, it has now been determined that two new waterlines must be installed to ensure that the
capacity of the fire suppression system meets current building code requirements for this type of facility.
PAGE 5
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/12/2016
The waterline phase of the project exceeds the project fund balance of approximately$35,000 and staff
recommends the Board approve a $22,000 budget adjustment from Behavioral Health to complete the
project - action requested - 1) RATIFY CONTRACT CHANGE ORDER NUMBERS 1-7; 2) ACCEPT THE
CONTRACT WORK AS COMPLETE; 3) AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; 4)
DIRECT STAFF TO FILE THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER; AND 5) APPROVE
BUDGET ADJUSTMENT. (4/5 vote required) (General Services)
3.19 Budget Adjustments for Public Projects Requested by the Department of Employment and Social Services
This item was removed from the consent agenda for discussion on the regular agenda. Please see page 10
of this document.
3.20 Adoption of Two Ordinances Repealing and Replacing Chapters 46 and 51 of Butte County Code
This item was removed from the consent agenda for discussion on the regular agenda. Please see page 10
of this document.
3.21 Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following department. These changes will increase the
total allocations in the County by 2 FTE:
EMPLOYMENT AND SOCIAL SERVICES: requests to change three (3) Deputy Public Guardian/Public
Administrator positions to become three(3)flexibly staffed Deputy Public Guardian/Public Administrator,
Senior/ Deputy Public Guardian/Public Administrator positions to provide additional flexibly in meeting
departmental needs; delete two (2)vacant flexibly staffed Office Specialist, Senior/Office Specialist/Office
Assistant positions and add two (2) flexibly staffed Account Clerk, Senior/Account Clerk positions. This
change is necessary to manage the increased workloads in the In-Home Supportive Services program as a
result of new FLSA requirements; and add two (2) Administrative Assistant positions. Since 2013, the
department's total allocated positions have grown from 663 to 730 positions.The growth in staff is causing
an increase in administrative workload including payroll and personnel processes. Funding for the two
additional positions is covered in the department's current fiscal year budget. The total allocations in the
department will increase by two(2).There will be no additional budget impact to the General Fund-action
requested - ADOPT THE RESOLUTION AMENDING THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR
TO SIGN. (Human Resources)
3.22 CDX Wireless Consultation Agreement Amendment - Information Systems/Communications department
initiated a review of County Land Mobile Radio infrastructure that supports multiple departments. The
current infrastructure is in need of updating and improvement. The department secured consulting
services from CDX Wireless for the review, needs assessment, and resulting Request for Proposal. Design
and contract discussions are in process and will require additional time to complete. Staff requests
approval of Amendment#4 to extend CDX Wireless consulting support through December 31, 2016, and
increase the not-to-exceed amount of$25,000 to $73,600. Information Systems has sufficient personnel
resources and budget to support this amendment - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER. (Information Services/Communications)
3.23 National Library Week - April 10-16, 2016 - Butte County Library joins the American Library Association
and public libraries nationwide to participate in National Library Week, generally the second full week of
April. National Library Week is a time to celebrate the contributions of our nation's libraries and librarians
PAGE 6
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/12/2016
and to promote library use and support-action requested -ADOPT RESOLUTION RECOGNIZING APRIL 10-
16, 2016 AS NATIONAL LIBRARY WEEK. (Library)
Sarah Vantrease, Assistant Library Director, accepted the resolution.
3.24 Budget Adjustment for Non-Operating Emergency Medical Services Fund 5121 (Maddy Fund) -Within the
new budget structure for the Public Health Department, a Non-Operating Fund was set up for the
Emergency Medical Services Fund (Fund 5121), more commonly known as the Maddy Fund. This fund
allows for the partial reimbursement to physicians and hospitals for patients who do not make payment
for emergency medical services and to also cover other emergency medical services costs. Revenue for
this program comes from penalty assessments as provided in California Penal Code Section 1465.5. On
May 5, 2015,the County Administration Department provided an update on the County's financial system.
One of the aspects of the new financial organizational structure called out in the report was the change in
how restricted revenues would be tracked in FY 2015-16 and the budgetary authority that would be
required from the Board of Supervisors to move cash from old restricted cash accounts to new non-
operating special revenue funds. These restricted revenues are funds received bythe County for a specific
purpose such as Maddy Funds that are received but not yet spent. On September 15, 2015, the County
Auditor-Controller, in coordination with the County departments, brought forth the agenda item
establishing fund balance in the new Non-Operating Special Revenue Funds. During the conversion to the
new budget structure, the budgeted revenue anticipated to fund budgeted appropriation for expending
out of the Operating Fund 0021 was inadvertently left out of the budgeted amounts - action requested -
APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Public Health)
3.25 Adoption of Ordinance -On-Site Wastewater Systems Ordinance (BCC Chapter 19) and Manual Revisions
and Submittal of Local Area Management Program (LAMP) -On March 22, 2016,the Board of Supervisors
reviewed proposed changes and updates to the On-Site Wastewater Systems Ordinance (Butte County
Code Chapter 19). The ordinance provides the administrative framework for the County's on-site
wastewater program. As part of this program, the On-Site Wastewater Manual has been developed to
provide the technical and procedural requirements for the program. After receiving public comment,the
Board waived the first reading of the ordinance. At this meeting, the Board is requested to adopt the
proposed changes to the ordinance, adopt a resolution approving the proposed changes to the On-Site
Wastewater Manual,and adopt a resolution authorizing submittal of the Butte County LAMP to the Central
Valley Regional Water Quality Control Board. The LAMP consists of the updated ordinance and manual,
along with supplemental explanatory information and documents - action requested - 1) ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT RESOLUTIONS (2) ADOPTING UPDATES
TO THE BUTTE COUNTY ON-SITE WASTEWATER MANUAL AND AUTHORIZING THE SUBMISSION OF THE
ON-SITE WASTEWATER LAMP AND AUTHORIZE THE CHAIR TO SIGN. (Public Health)
3.26 Pull Broom Capital Asset Acquisition -The Public Works Department planned to replace a pull broom in
the current year budget but did not request capital asset authority because it was expected to cost less
than the current capital asset threshold of $25,000. The solicitation is complete with the lowest bid
including taxes at $30,345. Therefore, Board approval is requested for the acquisition of a replacement
pull broom as a capital asset. A pull broom is a sweeper pulled behind a small truck. The primary use for
pull brooms is during chip sealing, but they are also used in response to accidents or other roadway clean-
up projects. - action requested - AUTHORIZE CAPITAL ASSET PURCHASE; AND APPROVE BUDGET
ADJUSTMENT(4/5 vote required). (Public Works)
PAGE 7
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/12/2016
3.27 2016 Chip Seal Emulsion Purchase and Distribution Contract - Public Works is planning the summer 2016
chip seal project for various roads in the areas north of Chico and south of Durham. Public Works crews
will place the chips (rocks), but it is more efficient to contract for the supply and application of the asphalt
emulsion used to hold the chips in place. Public Works is requesting authorization to bid this portion of the
work. After bids are received,the Department will return to the Board with a recommendation to award
the project.The engineer's estimate for the purchase and application of the asphalt emulsion is estimated
between $350,000 and $400,000 - action requested - AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
ADVERTISE FOR BIDS. (Public Works)
3.28 Agreement with Holdrege & Kull Consulting Engineers for Construction Quality Assurance Services -The
Board of Supervisors awarded the contract for the construction of Module 4 Phase F at the Neal Road
Recycling and Waste Facility (NRRWF), County Project No. 757-7514-03 to Ford Construction on March 8,
2016. The State Water Resources Board requires a construction quality assurance (CQA) report be
submitted documenting the project was built to design specifications for landfill expansion projects. The
Department of Public Works published a Request For Qualifications for CQA services and received four
responses. Staff reviewed and scored the statement of qualifications based on consultant capabilities,
experience, previous work for Butte County, proximity, and work plan as described in the Request for
Qualifications. All four firms were deemed capable of providing CQA services. Each firm was asked to
submit an estimated cost for the scope of work. Holdrege & Kull Consulting Engineers of Chico was
selected as most responsive to the proposal. The agreement with Holdrege & Kull is through December
31, 2016 in the amount of$72,470-action requested-APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. (Public Works)
3.29 State of California,Off-Highway Motor Vehicle Recreation (OHMVR)Grant-On March 24, 2015,the Board
of Supervisors approved the Sheriff's Office pursuit of a grant from the State of California, Department of
Parks and Recreation, Division of OHMVR. The Sheriff's Office applied for the one year grant and was
successful in being awarded $20,815.The funds will be used to provide uniformed law enforcement year-
round in the areas of the Plumas and Lassen National Forest, Jonesville and Butte Meadows. Patrols will
be offered during periods of high usage, especially weekends and holidays, when the public is utilizing the
remote outdoors. Law enforcement officers on snow mobiles and 4-wheel drive vehicles will strive to
assist recreationalists, educate the public as to safe practices and be available for search & rescue call-
outs. The grant cycle is January 1, 2016 through December 31, 2016. The grant in the amount of$20,815
will be utilized for personnel costs, vehicle fuel and equipment maintenance.The grant requires a match,
which will be met by General Purpose Revenue (GPR), county-funded personnel providing supervisory
oversight of grant activities, administrative financial grant oversight, and Search & Rescue volunteers -
action requested - RATIFY SHERIFF KORY HONEA'S SIGNATURE, ACCEPT GRANT AWARD AND APPROVE
BUDGET ADJUSTMENT(4/5 vote required). (Sheriff)
3.30 Contract with Anderson LLC Sober Living Environment for Alternative Custody Inmates—
This item was removed from today's agenda at the request of the Department. There was no Board action
taken on this item.
3.31 Agreement with the California Employment Development Department - The Treasurer-Tax Collector
requests approval to renew an agreement with the Employment Development Department (EDD) to
obtain wage and employment verification data used in the pursuit and collection of delinquent court fines
and fees through the wage garnishment process. These services are crucial to the revenue generation
efforts of the Central Collections Division of the Treasurer-Tax Collector's Office.The three-year agreement
PAGE 8
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/12/2016
from July 1, 2016 through June 30, 2019, would provide for a maximum expenditure of $5,969.40. In
addition to the Board's approval of the contract, the EDD requires that the County submit a resolution,
order, motion or ordinance approved by the local governing body to enter into the contract. A minute
order from the Clerk of the Board will meet the requirement - action requested -APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Treasurer-Tax Collector)
3.32 North Yuba Subbasin Boundary Modification - The Sustainable Groundwater Management Act of 2014
established a process for local agencies to request the California Department of Water Resources (DWR)
revise the boundaries of existing groundwater basins or subbasins as defined by California Department of
Water Resources Bulletin 118, including establishment of a new subbasin. The North Yuba subbasin
underlies portions of Butte and Yuba counties. The Yuba County Water Agency (YCWA) has developed a
basin boundary modification proposal to subdivide the North Yuba Subbasin into two subbasins along the
Butte-Yuba county line with the exception of a small portion of Ramirez Water District that extends into
Butte County. The Ramirez Water District would remain part of the North Yuba subbasin. Pursuant to
DWR Basin Boundary Regulations, a proposed subdivision of a subbasin must have the support of three-
fourths of the local agencies within the subbasin. YCWA is requesting Butte County support the basin
boundary modification of the North Yuba subbasin. Historically, local agencies in Butte and Yuba counties
have managed their respective portions of the North Yuba subbasin. The subdivision of the basin generally
along the Butte-Yuba county line would allow for continuation of these sustainable management practices
and efficient, county-led implementation of the Sustainable Groundwater Management Act through
development of required Groundwater Sustainability Plans in Butte and Yuba counties -action requested
-ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation)
3.33 Resolution Recognizing April 2016 as Child Abuse Prevention Month - action requested - ADOPT
RESOLUTION AND AUTHORIZE CHAIR TO SIGN. (Other agencies/Child Abuse Prevention Council)
Margie Ruegger, Executive Director of the Child Abuse Prevention Council, accepted the resolution.
3.34 Resolution Recognizing April 2016 as Child Abuse and Sexual Assault Awareness Month and April 27, 2016
as Denim Day-action requested -ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN. (Other agencies/
Rape Crisis Intervention and Prevention)
A representative from Rape Crisis Center Prevention and Intervention accepted the resolution.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF: ITEM 3.30 WHICH WAS REMOVED
FROM TODAY'S AGENDA; AND ITEMS 3.19 AND 3.20 WHICH WERE REMOVED 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
PAGE 9
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/12/2016
4.02 Update of Current Budget/Legislative Issues by the Chief Administrative Officer-action requested -
PROVIDE DIRECTION TO STAFF.
Paul Hahn, Chief Administrative Officer provided a report.
4.03 General Plan Follow-Up and Implementation by Director of Development Services.
Tim Snellings, Director of Development Services, and Dan Breedon, Principal Planner, provided a report.
The following individuals addressed the Board: Jeff Johnson and Suzanne Johnson.
ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
3.19 Budget Adjustments for Public Projects Requested by the Department of Employment and Social Services
The Department of Employment and Social Services (DESS) requires modifications to 78 Table Mountain
Boulevard in Oroville, estimated at $36,000, to improve client reception and compliance with State
regulations regarding smoking near the facility entrance, including the addition of an employee smoking
area. In addition, DESS requires modifications to 205 Mira Loma, also in Oroville, which is estimated at
$23,000,to replace carpet that is no longer serviceable. DESS has savings related to Capital Projects and
wishes to redirect those funds to these two non-Capital Projects. Staff recommends that the Board
approve a budget adjustment of$59,000 - action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote
required). (General Services)
Grant Hunsicker, Director of General Services, answered questions from the Board.
MOTION: I MOVE TO APPROVE BUDGET ADJUSTMENT(4/5 VOTE REQUIRED). (Motion: Kirk; Second: Connelly)
VOTE: Motion APPROVED 4-1
YEA: Supervisor Connelly, Supervisor Kirk, Supervisor Lambert, Supervisor Teeter
NAY: Supervisor Wahl
3.20 Adoption of Two Ordinances Repealing and Replacing Chapters 46 and 51 of Butte County Code-On March
22, 2016, the Board approved the Center-Led Contracting/Procurement Policies and Procedures Manual
and waived the first reading of the new Chapter 46 and Chapter 51 of the Butte County Code. Staff
recommends that the Board adopt the replacement of Chapter 46 and Chapter 51 of the Butte County
Code-action requested -ADOPT ORDINANCES(2)AND AUTHORIZE THE CHAIR TO SIGN. (General Services)
MOTION: I MOVE TO ADOPT ORDINANCES(2)AND AUTHORIZE THE CHAIR TO SIGN. (Motion:Teeter; Second: Kirk)
VOTE: Motion APPROVED 5 -0
4.05 PERS Post Retirement Employment Exemption - The Public Employees' Pension Reform Act (PEPRA) of
2013 requires newly retired persons to "sit out" for at least 180 days before returning to work for an
employer in the same retirement system from which they receive a retirement allowance. An exemption
to this rule is permitted by Government Code Section 7522.56(f)(1), if approved by the governing body in
a public meeting on the regular agenda. The Behavioral Health Department has one Assistant Behavioral
Health Director - Administration that is responsible for a substantial number of departmental
administrative and fiscal functions that are critical to department operations.The incumbent,Amy Wilner,
PAGE 10
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/12/2016
is scheduled to retire effective April 15, 2016. There is a critical need to have the retiree available for a
short-term, interim period to assist the new hire with critical aspects of the position. Given the unique
subject matter expertise and knowledge, the retiree is the only person capable of meeting this critical
short-term need.The Director of Human Resources has reviewed the facts and concurs that the request is
consistent with the exemption permitted under Government Code Section 7522.56(f)(1) - action
requested - 1) APPROVE PERS POST-RETIREMENT EXEMPTION PURSUANT TO GOVERNMENT CODE
SECTION 7522.56(f)(1); AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral
Health)
Dorian Kittrell, Director of Behavioral Health, provided a report.
MOTION: I MOVE TO APPROVE PERS POST-RETIREMENT EXEMPTION PURSUANT TO GOVERNMENT CODE SECTION
7522.56(F)(1); AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Motion: Kirk; Second:
Lambert)
VOTE: Motion APPROVED 5 -0
4.06 Butte County Skilled Trades Unit - Memorandum of Understanding and Resolution Amending the Salary
Ordinance-Over the past several months,the County and the bargaining team for the Butte County Skilled
Trades Unit(STU) have met and conferred over an initial Memorandum of Understanding(MOU). STU has
ratified the terms of the County's offer for the MOU which will run through April 21, 2017. Details of the
agreement are contained in the staff report.Concurrent with the adoption of the successor MOU, "Section
28 Reference M - Skilled Trades Unit Classifications" of the Salary Ordinance needs to be amended to
reflect the wage increase (Effective 04/23/16)that was negotiated with STU and included in their MOU -
action requested - 1)ADOPT THE SUCCESSOR MOU FOR THE BUTTE COUNTY SKILLED TRADES UNIT (STU)
AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT THE RESOLUTION TO AMEND THE SALARY
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
Brian Ring, Human Resources Director, provided a report.
MOTION: I MOVE TO ADOPT THE SUCCESSOR MOU FOR THE BUTTE COUNTY SKILLED TRADES UNIT (STU) AND
AUTHORIZE THE CHAIR TO SIGN; AND ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (Motion: Kirk; Second:Teeter)
VOTE: Motion APPROVED 5 -0
4.07 Introduction of an Ordinance Amending Chapter 31 Entitled, "Solid Waste Collection, Management and
Recycling" of the Butte County Code - In October of 2014, Governor Brown signed AB 1826 requiring local
jurisdictions to implement an organic waste recycling program to divert organic waste generated by
businesses, including multifamily residential dwellings that consist of five or more units, beginning January
1, 2016. Organic waste, also referred to as organics, means food waste, green waste, landscape and
pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.
The law requires businesses to recycle their organic waste starting on and after April 1, 2016 depending
on the amount of waste they generate per week. The law phases in the mandatory recycling of commercial
organics over time. The organic waste generation threshold at which businesses are required to
participate in an organic waste recycling program decreases over time, which means the number of
PAGE 11
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/12/2016
businesses required to participate will grow over time. When fully implemented in 2019, businesses
generating 4 cubic yards of waste per week will need to subscribe to an organic waste recycling program.
If the State has not met its goal of reducing organic waste from landfills by 50% by that time, there are
provisions that the threshold could be lowered to 2 cubic yards of waste per week. The Department of
Public Works has submitted a plan to CalRecycle addressing how the County would implement its organic
waste recycling program. The County's role is to provide oversight and reporting, as well as, assist the
haulers with outreach and education. The proposed amendments to Butte County Code, Chapter 31
address the requirements of AB 1826 including requiring franchised haulers to provide commercial organic
waste recycling collection for their customers; and reporting requirements for education and outreach to
their customers and monitoring to identify those customers not recycling-action requested- WAIVE FIRST
READING OF ORDINANCE. (Public Works)
Mike Crump, Director of Public Works, introduced Eric Miller, the new Neal Road Recycling and Waste
Facility Manager. Mr. Miller provided a report to the Board. Steve Rodowick, Butte County Recycling
Coordinator, answered questions from the Board.
Bill Graves addressed the Board.
MOTION: I MOVE TO WAIVE FIRST READING OF ORDINANCE WITH THE CLARIFICATION OF LANGUAGE TO ADD FOOD
AND ORGANIC WASTE TO THE DEFINITION OF "RECYCLABLE MATERIALS" AND OTHER CLEAN UP AS
DISCUSSED. (Motion:Teeter; Second: Kirk)
VOTE: Motion carried 4- 1
YEA: Supervisor Connelly, Supervisor Kirk, Supervisor Lambert, Supervisor Teeter
NAY: Supervisor Wahl
PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:25 a.m. - Public Hearing - Load Posting for the Swedes Flat Road Bridge Across Rocky Honcut Creek,
Bridge 12CO332 -Caltrans Structure Maintenance and Investigations make biennial inspections of bridges
under County jurisdiction pursuant to Title 23 of the Code of Federal Regulations (Federal Highway Act).
Caltrans Area Bridge Maintenance Engineers (ABME) have determined the Maximum Load Posting for the
bridge on Swedes Flat Road crossing Rocky Honcut Creek shall be 21 tons per Truck (Type3) and 31 tons
per Semi-Trailer Combination(Type3S2).The capacity of the bridge is controlled bythe reinforced concrete
T-Beams that make up the bridge span. Updated load calculations performed by Caltrans are based on the
most recent adopted methodology and current guidelines that are more conservative than the previous
load calculations.Sections 35750 and 35751 of the California Vehicle Code extends authority to the County
and outlines procedure, including holding a public hearing, for permanently posting a bridge with
restrictive weight limits - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(Public Works)
Tom Fossum, Deputy Director of Public Works, provided a report.
MOTION: I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Motion: Kirk; Second:Wahl)
VOTE: Motion APPROVED 5 -0
PAGE 12
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/12/2016
5.02 9:30 a.m. - Public Hearing - Application for Outdoor Festival License (MISC16-0003) - Chico Community
Shelter Partnership - Chico Community Shelter Partnership has submitted an application for an Outdoor
Festival License per Chapter 12, Article III. Outdoor Festivals (Butte County Code Sections 12-25 through
12-33).The festival is proposed to be for three days(Friday,Saturday and Sunday,June 24-26, 2016)from
4:00 p.m. to 12:00 a.m. each day. They anticipate to have a total of 300 to 500 people each day, which
includes 75 volunteers.The festival site will be on four parcels (APN 058-350-001, 002, 003 and 058-230-
010),totaling approximately 77.5-acres.The parcels are located on the west side of Concow Road, directly
across from Ishi Trail, at the Lake Concow Campground (12967 Concow Road, Concow). The festival will
include music, art, culture, healing and food concessions. The Department of Development Services has
completed an environmental review of the application, a site visit, and determined since no permanent
structures will be built, the project is categorically exempt from the California Environmental Quality Act
(CEQA), per Section 15304 (e) of the CEQA Guidelines -"Minor temporary use of land having negligible or
no permanent effects on the environment, including carnivals,etc.".The festival application was circulated
to affected County departments and other agencies for their comments and requirements. Recommended
festival requirements(conditions)are included in the staff report-action requested-1) FIND THE FESTIVAL
TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(e) OF CEQA; AND 2) APPROVE THE APPLICATION
FOR OUTDOOR FESTIVAL LICENSE MISC16-0003 SUBJECTTO RECOMMENDED CONDITIONS. (Development
Services)
Tim Snellings, Director of Development Services, introduced this item. Mark Michelena, Senior Planner,
provided a report.
MOTION: I MOVE TO FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(e) OF CEQA; AND
APPROVE THE APPLICATION FOR OUTDOOR FESTIVAL LICENSE MISC16-0003 SUBJECT TO RECOMMENDED
CONDITIONS. (Motion: Kirk; Second: Lambert)
VOTE: Motion APPROVED 5 -0
5.03 9:40 a.m. - Public Hearing - Resolution to Vacate Unnecessary Public Rights of Way in the Community of
Nord - Public Hearing to vacate (abandon) portions of unnecessary public rights of way in the community
of Nord southwest of Market Street. The proposed streets to be vacated are as follows: 1) The
southwesterly extension of Folsom Street between Market Street and Sacramento Street; 2) The
northwestern half of the southwesterly extension of Washington Street between Market Street and
Sacramento Street; and 3) The portion of Sacramento Street between Folsom Street and Washington
Street. On March 22, 2016,the Board of Supervisors adopted Resolution 16-038 setting the public hearing
for 9:40 a.m. on April 12, 2016. The hearing has been properly noticed and posted pursuant to Chapter 3
of Part 3 of Division 9 of the California Streets and Highways Code, commencing with Section 8320. Public
Works has no objection to the proposed abandonment. The vacated portions of these streets will be Quit
Claimed to the following parcels: APN 047-170-034 - McClung; APN 047-170-033 - Hernandez; APN 047-
170-017 - Roberson. On January 28, 2016, the Planning Commission determined that the request was in
conformance with the County General Plan - action requested - 1) OPEN THE PUBLIC HEARING FOR THE
VACATION OF UNNECESSARY PUBLIC RIGHTS OF WAY IN THE TOWN OF NORD; 2) FIND THAT THE PUBLIC
RIGHT OF WAY DESCRIBED IN THE NOTICE OF HEARING IS UNNECESSARY FOR PRESENT OR PROSPECTIVE
PUBLIC VEHICLE USE; AND 3) ADOPT THE "RESOLUTION ABANDONING PUBLIC RIGHTS OF WAY ALONG
PORTIONS OF FOLSOM STREET, SACRAMENTO STREET, AND WASHINGTON STREET IN THE TOWN OF
NORD," AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
PAGE 13
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/12/2016
Tom Fossum, Deputy Director of Public Works, provided a report. The following individuals from Nord
addressed the Board: Mr. Gilmore; and Robert McClury.
MOTION: I MOVE TO FIND THAT THE PUBLIC RIGHT OF WAY DESCRIBED IN THE NOTICE OF HEARING IS
UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC VEHICLE USE; AND ADOPT THE "RESOLUTION
ABANDONING PUBLIC RIGHTS OF WAY ALONG PORTIONS OF FOLSOM STREET,SACRAMENTO STREET,AND
WASHINGTON STREET IN THE TOWN OF NORD," AND AUTHORIZE THE CHAIR TO SIGN. (Motion: Wahl;
Second: Lambert)
VOTE: Motion APPROVED 5 -0
5.04 9:45 a.m.-Timed Item -Presentation on Assisted Outpatient Treatment-AB 1421"Laura's Law"- Assisted
Outpatient Treatment(AOT), also known as "Laura's Law",was initiated following the 2001 killing of Laura
Wilcox in Nevada County by an individual suffering from mental illness. The law allows for counties to
implement court-ordered outpatient mental health treatment for certain individuals who have a serious
mental disorder. The coordination of AOT requires collaboration between multiple local agencies
throughout the process of initial request, investigation and evaluation, petition filing and hearing, and the
implementation of treatment. This presentation is for information only and no action is required -action
requested -ACCEPT FOR INFORMATION AND PROVIDE DIRECTION, AS NEEDED. (Behavioral Health)
Dorian Kittrell, Director of Behavioral Health and Scott Kennelly, Assistant Director of Clinical Services
provided a report.
The following individuals addressed the Board: Colleen Phibbs;Judy Westbrook; and Michael Madieros.
The Board directed staff to: confer with County Departments and other agencies that would be impacted
by the implementation of Laura's Law; look at funding options to see how a program could be
implemented; look to other Counties that have already implemented; and to return to the Board with a
report within 60 days.
BOARD OF SUPERVISORS PUBLIC COMMENT(each speaker limited to five minutes) (None)
BOARD OF SUPERVISORS CLOSED SESSION
7.01 Actual Litigation Pursuant To Gov. Code Sec. 54956.9(d)(1) -2 Cases
1. Bill Webb Construction, Inc., SCA Development Corp/Guillon, Inc., Epick Homes, Inc.,
Shastan Homes, Inc.,And Discovery Builders, Inc. v. County Of Butte, City Of Chico, City Of
Paradise, City Of Oroville, City Of Gridley, and City Of Biggs; Butte County Superior Court
Case No. 16CV00186; and
2. Peggy Orman v. Butte County;Workers' Compensation Appeals Board Legacy Case No.
ADJ3246766 (Claim Number: CBTE-74446).
There were no announcements out of Closed Session.
PAGE 14
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/12/2016
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 APRIL 26, 2016.
BILL CONNELLY, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
PAGE 15