HomeMy WebLinkAboutM042115 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 4/21/2015
9:00 A.M. -CALL TO ORDER
Called to Order- Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville.
Members present: Supervisors Connelly, Wahl, Kirk, Lambert and Teeter
Pledge of Allegiance
Observation of a Moment of Silence.
CORRECTIONS AND/OR CHANGES TO THE AGENDA(NONE)
CONSENT AGENDA
3.01 Megabyte Systems 2015-16 Agreement with Tax Cycle Departments - Megabyte Systems, Inc. provides
the software package for the tax cycle departments in the County of Butte.This agenda item pertains to
annual renewal of the agreement between the County of Butte and Megabyte Systems, Inc. for the
term beginning July 1, 2015 through June 30, 2016. The agreement contains an increase of 0.8% in
accordance with the Pacific Cities and U.S. City Average Consumer Price Index. The Maintenance
agreement and Database Support total is $207,991.68: the Assessor's portion is $79,036.84 (38%); the
Auditor's is $66,557.34 (32%); and the Tax Collector's is $62,397.50 (30%). The Tax Collector is
responsible for 100% of the Web Services agreement of $4,447.08, and the Assessor's Office is
responsible for 100%of the Business Property Filing Maintenance Support agreement of$2,068.44.The
contract also includes rates for any extra services requested outside of the scope of the contract-action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Assessor)
3.02 Agreement with Cell Staff, LLC-Cell Staff, LLC (Cell Staff), is a recruiting agency that provides registered
nurse, licensed vocational nurse, and licensed psychiatric technician candidates for placement at
hospitals and clinics on a short-term basis. Due to the shortage and frequent turnover of these clinical
positions in the department, Butte County Behavioral Health (BCDBH) utilizes recruiting agencies on an
as-needed basis. Approval is requested for an agreement with Cell Staff, for the provision of clinical
services. Cell Staff was the successful candidate of BCDBH's competitive solicitation for these services.
The financial obligation under this agreement shall not exceed $220,000. The term of the agreement
will begin upon the date of execution through June 30, 2017 -action requested -APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Behavioral Health)
3.03 Approval of Behavioral Health Board Member Appointment -The Butte County Behavioral Health Board
(BHB) requests the appointment of William Kehoe as a community member. The term will end
December 31, 2017 -action requested - MAKE APPOINTMENT. (Behavioral Health)
3.04 Cash Advance for Butte County Behavioral Health - In recent years, the Butte County Department of
Behavioral Health faced significant cash flow problems primarily due to slow reimbursements from the
State. To improve cash flow, the department has continued to budget less expenditures than
anticipated revenues and improved its billing process. Additionally, the department implemented a
Cash Deficit Reduction Plan in fiscal year (FY) 2013-14 in an effort to further reduce the deficit. As of
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 4/21/2015
the end of February 2015, the department had a cash balance of $2.2 million. In comparison to
February 2014, this is an improvement of approximately $7 million. Due to the continued volatility of
State reimbursements, the department is requesting a cash advance of up to $6 million should it be
necessary at the end of the fiscal year. The advance would come from the Public Health Fund. However,
there is the potential, should the cash deficit be greater than the available balances of these accounts,
that other available and appropriate accounts will be used. The department will transfer the cash
advance back to the funds impacted at the beginning of FY 2015-16 - action requested - AUTHORIZE A
CASH ADVANCE OF UP TO $6 MILLION FROM THE PUBLIC HEALTH REALIGNMENT RESTRICTED CASH
ACCOUNTS INTO THE BEHAVIORAL HEALTH FUND UP TO THE AVAILABLE AMOUNT; AND, IF NEEDED,
AUTHORIZE A CASH ADVANCE FROM OTHER AVAILABLE AND APPROPRIATE RESTRICTED AND NOW
RESTRICTED CASH ACCOUNTS UP TO THE TOTAL DEFICIT ON JUNE 30, 2015. (Behavioral Health)
3.05 Agreement with Thomas Lancaster, M.D. -Thomas Lancaster is a licensed medical doctor who provides
services in the specialized field of psychiatry as required for adult clients at the BCDBH Outpatient
centers. Dr. Lancaster also participates in after-hours and on-call shifts on a rotating schedule at the
Psychiatric Health Facility. Approval is requested for an agreement with Dr. Lancaster. The term will be
July 1, 2015 through June 30, 2016. The maximum financial obligation shall not exceed $340,920 -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.06 Agreement with MLN Consulting Services, Inc. - MLN Consulting Services, Inc. provides State-regulated
monitoring and compliance evaluations for Driving Under the Influence (DUI) programs for multiple
California counties. Approval is requested to renew the agreement with MLN Consulting Services, Inc.to
provide audits for Prevention Education Program and Solutions for Positive Choices, which are Butte
County's DUI prevention programs. Butte County receives a percentage of the fees collected from each
DUI program to cover the State-mandated monitoring costs. The term of this agreement is July 1, 2015
through June 30, 2016. The maximum financial obligation shall not exceed $26,300 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND AUDITOR-CONTROLLER. (Behavioral Health)
3.07 Reappointment to the Gridley-Biggs Cemetery District - Supervisor Lambert submits his nomination to
reappoint Jack Bequette as Trustee to a term to end May 1, 2019 - action requested - MAKE
APPOINTMENT. (Board of Supervisors)
3.08 Agreement with Election Systems & Software, Inc. - The County Clerk-Recorder/Registrar of Voters is
requesting that the Board of Supervisors approve an agreement with Election Systems & Software, Inc.
(ES&S) to provide hardware maintenance and support, and software license and support for the
AccuVote Voting System that includes the following products: 1) Software, Firmware, and Support: 605
AccuVote TSX - touch screen units, 18 AccuVote Optical Scan units, GEMS Application Software, and
Security Key Card Tool; and 2) Hardware Maintenance and Support: 260 AccuVote TSX - touch screen
units to be on a rotation preventative maintenance schedule. The County Clerk-Recorder/Registrar of
Voters selected ES&S through a non-competitive process based on sole source justification and has
been approved by General Services. The terms of the agreement are July 1, 2015 through June 30,
2019,with annual payments of$27,949,for a maximum payable amount of$111,796 -action requested
- APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 4/21/2015
COUNSEL AND AUDITOR-CONTROLLER. (Clerk-Recorder)
3.09 Agreement with Kofile Preservation, Inc. -The County Clerk-Recorder's office began a historical record
restoration/preservation program in FY 1994-95. At that time, a contract was granted to Brown's River
Records Preservation Services (now doing business as Kofile Preservation, Inc.) with subsequent
contracts through June 30, 2013, restoring and preserving over 280 original books dating back to the
1850's, as well as 528 County maps. The agreement will provide for a continuation of the historical
record restoration/preservation project for the County Clerk-Recorder's office. The new agreement is
for Phase 3 of this project, for the period April 1, 2015 through June 30, 2015, with a maximum payable
amount of $65,158. For continuity in preservation/restoration, the County Clerk-Recorder/Registrar of
Voters, with General Service's approval, selected Kofile Preservation, Inc., through a non-competitive
process based on sole source justification - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Clerk-
Recorder)
3.10 Agreement with CalPERS for Pre-Funding Other Post-employment Benefits (OPEB) - On October 22,
2013, the Board approved the County's participation in the California Employers' Retiree Benefit Trust
(Trust) program, administered by the California Public Employees' Retirement System (CaIPERS), to
prefund retiree health and Other Post-Employment Benefit (OPEB) costs. For FY 2014-15, County
departments budgeted for collections in an amount estimated to be sufficient to fund their pro rata
share of OPEB costs for current retirees and a portion of the OPEB costs incurred for benefits earned,
but not yet payable to future retirees. To participate in the Trust, the Board must adopt and approve
the Agreement and Election to Prefund Other Post Employment Benefits Through CalPERS and a
Resolution delegating authority to request disbursements from the Trust. County assets held in the
Trust are invested by CalPERS until the funds are needed to pay benefits. CalPERS offers three
investment strategies,which have realized competitive returns. The three strategies currently offer the
following long term expected returns: Strategy 1 offers 7.28%; Strategy 2 offers 6.73%; and Strategy 3
offers 6.12%. Strategy 2 investments are currently at a risk level consistent with the County's
investment philosophy; therefore, County funds will be invested in Strategy 2 for the foreseeable
future. Changes in the investment strategy must be approved by the County Finance Work Team. The
investment returns of the Trust are expected to partially offset the funding needs of the County-action
requested - 1) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER; 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN; AND 3) AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER, OR DESIGNEE, TO SIGN ALL FORMS,
APPLICATIONS AND DOCUMENTS RELATED TO THE COUNTY'S PARTICIPATION IN THE TRUST. (County
Administration)
3.11 Approval of Minutes - action requested - APPROVE MARCH 24, 2015 AND APRIL 7, 2015 BOARD OF
SUPERVISORS MINUTES. (County Administration)
3.12 Agreement with City of Oroville to Collect Jail Facilities Fees - The County currently collects a
development impact fee for jail facilities upon new residential development within the unincorporated
area of the County, in order to mitigate impacts on jail facilities resulting from residential development.
On March 3, 2015, the City of Oroville approved an agreement to allow the County to impose the
development impact fee for jail facilities contained in Chapter 3, Article II of the Butte County Code on
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 4/21/2015
all new residential development within the City. The City's agreement is contingent upon the four other
municipalities in the County entering into a similar agreement and is valid for up to ten years. The Town
of Paradise passed such an agreement in March 2014. The City has agreed to collect the revenue and
forward it to the County on a quarterly basis to provide a partial funding source for expanding the
capacity of the Butte County Jail.The agreement shall remain in effect for ten years after the agreement
is signed. However, the City may terminate the agreement at any time with a 60-day written notice to
the County, if the County increases the Jail Facilities Fee without the City's prior written consent-action
requested - APPROVE AGREEMENT WITH THE CITY OF OROVILLE AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (County Administration)
3.13 Amendment to Conflict of Interest Code for the Paradise Irrigation District - Pursuant to Government
Code section 87306, the Paradise Irrigation District has submitted Resolution No. 2015-02, which was
adopted by its Board of Directors on March 18, 2015,to amend the Paradise Irrigation District's Conflict
of Interest Code. The resolution reflects a title change and the addition of a designated employee to
Paradise Irrigation District's Conflict of Interest Code. County Counsel has reviewed the proposed
amendment and believes it to be proper - action requested - ACCEPT THE AMENDMENT TO PARADISE
IRRIGATION DISTRICT'S CONFLICT OF INTEREST CODE PURSUANT TO GOVERNMENT CODE SECTION
87306 -AMENDMENTS FOR CHANGED CIRCUMSTANCES. (County Counsel)
3.14 Resolution Recognizing National Crime Victims' Rights Week in Butte County - Board approval is
requested for a resolution which recognizes April 19-25, 2015 as National Crime Victims' Rights Week in
Butte County. National Crime Victims' Rights 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 for all victims of crime - action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (District Attorney)
MIKE RAMSEY, BUTTE COUNTY DISTRICT ATTORNEY AND MONICA O'NEIL - CHIEF OF VICTIMS' RIGHTS
DIVISION ACCEPTED THE RESOLUTION.
3.15 Volunteer Appreciation Week 2015 - Butte County Fire Department - In honor of National Volunteer
Week, 2015 we would like to recognize the Butte County Fire Department Volunteer Firefighters and
Volunteers in Prevention volunteers 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
Volunteer in Prevention Program (VIP) currently has 35 volunteers and has volunteered countless hours
on over 60 community events last year.The VIP's are involved in public education programs, participate
in events at the local fairs, parades and school events. 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 -ADOPT RESOLUTION AND AUTHORIZE CHAIR
TO SIGN. (Fire)
BUTTE COUNTY FIRE CHIEF GREG MCFADDEN ACCEPTED THE RESOLUTION. BATTALION CHIEF GARRETT
NEEDLES PROVIDED A REPORT ON THE VOLUNTEER PROGRAM.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 4/21/2015
3.16 Surplus Vehicle and Equipment Auction - Prior to auctioning County assets that are no longer
serviceable and no longer needed, Section 12.3.3 (Vehicles) and Section 12.4 (Capital Assets other than
vehicles) of the Butte County Contracts/Purchasing Policy and Procedure Manual requires the Board of
Supervisors to declare such equipment surplus. Staff recommends that the Board declare the items
listed in the staff report as surplus and authorize the County Purchasing Agent to auction the items -
action requested - 1) DECLARE LISTED VEHICLES AND OTHER CAPITAL ASSETS SURPLUS; AND 2)
AUTHORIZE THE PURCHASING AGENT TO AUCTION LISTED ITEMS. (General Services)
3.17 Ground Lease: Butte-Glenn Community College District - Butte County Fire Station 25 - Butte County's
Volunteer Fire Station 25 is located on land owned by the Butte-Glenn Community College District
(Butte College) that is leased to the County. The lease expired in 2005, and the County and Butte
College have maintained the lease relationship in a hold-over status since that time. Now, the County
and Butte College desire to enter into a new lease for a 1.6 acre portion of Assessor's Parcel Number
041-130-034 on the campus. The term of the new ground lease will be April 1, 2015 through March 31,
2030 with an annual rent payment of $1.00 for the entire term. The County intends to remove the
existing, uninhabitable barracks/office building on the site, and to undertake site improvements to
support placing an existing County-owned manufactured building in its place. In addition, the County
will be responsible for maintenance of and improvements to the existing apparatus bay located on the
property. The costs of the project to improve the site will be included in the FY 2015-16 Recommended
Budget and funded from the Community Cost Share Fund -action requested -APPROVE THE LEASE AND
AUTHORIZE THE CHAIR TO SIGN. (General Services)
3.18 Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following departments:
Public Health: The Public Health Department is requesting to delete one (1) vacant position of Program
Manager, Public Health and add one (1) position of Supervisor, Public Health Nursing. After review of
the duties and tasks required for the position, the department believes the position of Supervisor,
Public Health Nursing better meets the current and future needs of the department. This change will
leave the total allocations in the department unchanged and have no fiscal impact on the County
General Fund.
Human Resources: The Human Resources Department is requesting the classification of Chief Attorney,
Child Support Services be added back to Section 57, Reference I of the Salary Ordinance titled,
"Professional Employees Unit (Effective 10/25/14-3%)". This classification was deleted in 2008,
however, the department now has an organizational need to have a Chief Attorney on staff in the
department. The Salary Range for the classification shall be set at Range 73 (Bi-weekly Salary:
$3,424.14-$4,588.67), which is the same Range it was set at when it previously was listed on the Salary
Ordinance.
Child Support Services: Concurrent with the Human Resources request above, the Child Support
Services Department is requesting to add one (1) position of Chief Attorney, Child Support Services to its
allocations. This change is being made to help build a solid succession plan for the department moving
forward. This change will initially increase the total allocations in the department by one (1) position
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 4/21/2015
until a departmental recruitment can be conducted and the vacated position be deleted at a future
Board meeting. This change will have no fiscal impact on the County General Fund - action requested -
ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
3.19 Library Services and Technology Act Grant Application Resolution - The Butte County Library has been
invited to submit a formal application for a federal Library Services and Technology Act (LSTA) grant
through the California State Library "Pitch-an-Idea" program. The Library successfully "pitched" a
project idea in the first round of a competitive process that drew over 70 applicants statewide.The next
step is submitting a formal application, which is due on May 18, 2015. The potential project will work to
welcome people experiencing mental illness to the library, through building a partnership between the
Butte County Library, the Butte County Behavioral Health Department, mental health service providers
and nonprofit support agencies. The program will provide socialization and de-stigmatizing experiences
via outreach and in-library programs, and will expand the entire community's access to information,
understanding and knowledge of services related to mental health. Due to the tight timeline of LSTA
grant applications, the Library is asking for approval from the Board of Supervisors to authorize the
Library Director to apply for this grant and all future LSTA grants and sign the grant agreement(s) and
related documents - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(Library)
3.20 2015 Chip Seal Project, 533-1715-03, Asphalt Emulsion Spreading Services - Annually, the Public Works
Department chip seals a number of publicly maintained roads in Butte County. Chip sealing roads is a
basic pavement preservation process of spreading asphaltic emulsion (oil) on the roads to seal the
cracks in the pavement, followed by a layer of rock or chips that provide a riding surface. The
department contracts for the purchase and spreading of the asphaltic emulsion used in the chip seal
process. This year the department expects to spend approximately $500,000 purchasing and spreading
the asphaltic emulsion for the chip seals. Funding for this item is included within the Road Fund and
budgeted for road maintenance - action requested - AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
ADVERTISE AND SOLICIT BIDS FOR THE PURCHASE AND SPREADING OF ASPHALTIC EMULSIONS. (Public
Works)
3.21 Assembly Bill 45 (AB45) Curbside Household Hazardous Waste Legislation - Letter of Opposition - AB45
(Mullin) as proposed would enact legislation that would require cities and counties to establish curbside
household hazardous waste (HHW) collection programs, door-to-door HHW collection programs, and
HHW residential pickup services as the principal means of collecting HHW. There is no funding included
in the bill. This bill would require jurisdictions to create a baseline for HHW diversion and meet an
unspecified requirement for HHW diversion. This bill also makes findings outlining the preference for
door-to-door HHW collection programs and allows Cal Recycle to create a model ordinance for a door-
to-door collection and diversion program. The California State Association of Counties (CSAC) and Rural
County Representatives of California (RCRC) have a number of concerns with the bill. First, AB45 would
take away the incentive for the Legislature to pass any additional Extended Producer Responsibility
(EPR) legislation for products that are banned from our landfills. Requiring local governments to collect
a certain amount of HHW places the burden of the end-of-life management of toxic products squarely
on local governments and tax payers rather than the companies that profit from the products. Secondly,
door-to-door collection programs are not the only method of HHW collection, and in many jurisdictions,
it is not the preferred method. Local governments are better suited to design and implement HHW
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 4/21/2015
programs that are appropriate for their community. This bill has been referred to the Assembly Local
Government Committee and will most likely be heard in the next week or two - action requested -
APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
3.22 Agreement with NRC Environmental Services, Inc. for Liquid Hauling Services at the Neal Road Recycling
and Waste Facility - On January 14, 2015, the Public Works Department released a Request for Quotes
for liquid transport services for the Neal Road Recycling and Waste Facility (NRRWF). Liquid transport
services are required to maintain and ensure capacity in the septage and leachate impoundments
located at NRRWF. It is estimated that up to 5 million gallons will need to be removed annually to
maintain and lower the liquid levels in the impoundments. The septage supernatant pond is scheduled
for decommissioning in 2016. A single quote was received on February 10, 2015 submitted by NRC
Environmental Services, Inc. of Chico, California. The Public Works Department reviewed the quote and
found it to be acceptable. Public Works is requesting the Board approve a blanket purchase agreement
for liquid hauling services. The annual cost for the 3-year agreement will be approximately $175,000 -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Works)
3.23 Notice of Completion for Modules 1 and 3 Temporary at the Neal Road Recycling and Waste Facility- In
April 2014, Nichelini General engineering Contractors, Inc. of West Sacramento, CA was awarded the
Modules 1 and 3 Temporary Cover at the Neal Road Recycling and Waste Facility contract in the amount
of $692,020.03. In general, the work consisted of clearing and stripping of temporary cover area,
preparation of subgrade for the construction of a temporary reinforced polypropylene liner, furnishing
and installing the reinforced polypropylene liner and related items, constructing benches and anchor
trenches and grading minor drainage components within the limits of the Modules 1 & 3. All contract
field work has been completed.The Public Works Department is still in the process of claims settlement
with Nichelini General Engineering Contractors, Inc. Public Works is requesting the Board authorize the
Director of Public Works to negotiate and execute any future contract change orders necessary to settle
and closeout the contract not to exceed $25,000. Any proposed settlement exceeding $25,000 shall be
returned to the Board for consideration - action requested - 1) ACCEPT THE CONTRACT WORK AND
AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION AND AUTHORIZE THE RECORDING OF THE
NOTICE OF COMPLETION; AND 2) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO NEGOTIATE AND
EXECUTE FUTURE CONTRACT CHANGE ORDERS NECESSARY TO CLOSEOUT THE CONTRACT NOT TO
EXCEED$25,000. (Public Works)
3.24 Authorization to Amend Agreement for Environmental Services for Neal Road Recycling and Waste
Facility - At its meeting of June 26, 2012, the Board authorized an award of contract to SCS Engineers,
Inc. (SCS) to provide environmental monitoring services for the Neal Road Recycling and Waste Facility
(NRRWF). These services are required to comply with waste discharge requirements issued by the
Regional Water Quality Control Board. Monitoring is conducted on groundwater, surface (storm)water,
soil pore moisture, landfill gas and liquids contained in the septage and leachate impoundments at
monthly, quarterly, semi-annual and annual intervals and reported to state and local agencies. The
contract will terminate on June 30, 2015. Environmental monitoring and reporting by SCS has met the
scope of work requirements satisfactorily to comply with the waste discharge requirements. SCS has
agreed to honor the current contract cost for an additional two years. Staff requests the Board approve
an amendment for two additional years for a total contract period of 5-years and increase the cost of
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 4/21/2015
the contract by $217,000 for a total not to exceed contract cost of $590,720 - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Works)
3.25 Sierra Moon Subdivision, Phase 2 -Sierra Moon Subdivision, AP 047-710-001, is located on the west side
of Hicks Lane, approximately 1/2 mile south from Hicks Lane and Keefer Road in the north Chico area.
This is a conditionally approved 119-lot, public street subdivision to be developed in four phases. Sierra
Moon Subdivision, Phase 2 is comprised of 16 lots. The developer has complied with the conditions of
approval and has provided a letter of credit to guarantee the completion of the required remaining
Phase 2 improvements. When the Phase 2 Improvements are complete they will be accepted at that
time - action requested - 1) APPROVE THE FINAL MAP FOR SIERRA MOON SUBDIVISION, PHASE 2; 2)
ACCEPT ON BEHALF OF THE COUNTY OF BUTTE THE RIGHT OF WAY DEDICATIONS FOR CARIBBEAN WAY
AND SAN JUAN COURT; 3)ACCEPT ON BEHALF OF THE PUBLIC THE PUBLIC SERVICE EASEMENTS, STORM
DRAIN EASEMENTS, AND POSTAL EASEMENTS AS OFFERED FOR DEDICATION IN THE OWNER'S
STATEMENT; AND 4) AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. (Public Works)
3.26 Sacramento County Coroner's Office-Contract for Services - The Butte County Sheriff's Office is
requesting to contract for pathology and mortuary services with the County of Sacramento during those
times when our primary forensic pathologist is unavailable. The term of the contract is three years with
a maximum payable of$200,000 -action requested -APPROVE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Sheriff-Coroner)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. (MOTION: KIRK; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA
4.01 BOARDS,COMMISSIONS AND COMMITTEES
A. Appointments to Listed Vacancies
MOTION: I MOVE TO NOMINATE SAMANTHA LEWIS TO THE WATER COMMISSION (AS LANDOWNER-PRIVATE
WELL MEMBER) (MOTION: KIRK; SECOND: WAHL)
VOTE: Motion FAILED TO CARRY 2—3
YEA: Supervisor Kirk, Supervisor Wahl
NAY: Supervisor Connelly, Supervisors Lambert, Supervisor Teeter
MOTION: I MOVE TO APPOINT KATHY CHANCE TO THE SAME POSITION. (LANDOWNER-PRIVATE WELL MEMBER
ON THE WATER COMMISSION). (MOTION: LAMBERT; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 4/21/2015
B. Board Member Appointments to Butte Local Agency Formation Commission (LAFCo) - Butte LAFCo is a
state mandated local agency that oversees boundary changes to cities and special districts,the formation
of new agencies including incorporation of new cities, and the consolidation of existing agencies.
Supervisor Connelly's term as LAFCo Commissioner and Supervisor Wahl's term as alternate
Commissioner will end May 31, 2015 - action requested - APPOINT ONE BOARD OF SUPERVISORS
MEMBER AS REGULAR LAFCO COMMISSIONER AND ONE MEMBER AS ALTERNATE COMMISSIONER TO
TERMS TO END MAY 31, 2019. (County Administration)
MOTION: I MOVE TO REAPPOINT SUPERVISOR CONNELLY AS REGULAR LAFCO COMMISSIONER.(MOTION:
LAMBERT; SECOND: KIRK)
VOTE: Motion APPROVED 5 -0
MOTION: I MOVE TO REAPPOINT SUPERVISOR WAHL AS ALTERNATE LAFCO COMMISSIONER. (MOTION: KIRK;
SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
C. Board Member/Committee Reports and Board Member Comments
(Pursuant to CA State law,the Board is prohibited from taking action on any item not listed on the
agenda.)
SUPERVISOR LAMBERT REPORTED THAT HE ATTENDED THE MULTI-AGENCY WATER TRAINING PUT ON
BY CAL FIRE AT THE THERMALITO AFTERBAY.
SUPERVISOR LAMBERT ALSO REPORTED THAT PG&E WILL BE HOLDING A COMMUNITY MEETING ON
THURSDAY, APRIL 23, 2015 AT THE DURHAM VETERAN'S HALL REGARDING THE POTENTIAL REMOVAL
OF TREES ON THE MIDWAY. PG&E WILL ALSO HOLD A MEETING ON MONDAY, APRIL 27 AT PATRICK
RANCH IN DURHAM FOR THE SAME SUBJECT.
SUPERVISOR CONNELLY REPORTED THAT HE ATTENDED TWO SEPARATE COMMUNITY MEETINGS IN
BANGOR AND BERRY CREEK WITH REPRESENTATIVES FROM BUTTE COUNTY CODE ENFORCEMENT TO
DISCUSS THE MEDICAL MARIJUANA CULTIVATION RESTRICTIONS NOW IN PLACE IN BUTTE COUNTY. HE
COMMENDED CODE ENFORCEMENT OFFICERS FOR THE JOB THEY ARE DOING.
SUPERVISOR TEETER THANKED BUTTE COLLEGE AND THE COUNTY'S GENERAL SERVICES DIVISION FOR
THE AGREEMENT THAT WAS APPROVED ON TODAY'S CONSENT AGENDA FOR THE IMPROVEMENT OF
THE VOLUNTEER FIRE STATION.
SUPERVISOR KIRK REPORTED THAT SHE, SUPERVISOR WAHL, AND SUPERVISOR TEETER ATTENDED A
COMMUNITY MEETING HELD BY THE CALIFORNIA WATER COMMISSION TO PROVIDE THE PUBLIC
INFORMATION ON PROPOSITION 1,THE WATER STORAGE INVESTMENT PROGRAM. THE MEETING WAS
HELD AT THE CHICO ELK'S LODGE ON MONDAY, APRIL 13, 2015
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 4/21/2015
4.02 UPDATE OF CURRENT BUDGET AND LEGISLATIVE ISSUES BY THE CHIEF ADMINISTRATIVE OFFICER.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, REPORTED ON FEDERAL LEGISLATION THAT APPROVED A
2-YEAR EXTENSION FOR THE SECURE RURAL SCHOOLS PROGRAM. BUTTE COUNTY'S ALLOCATION IS
BEING DETERMINED BUT HE REPORTED THE FUNDING WILL DESIGNATED FOR SPECIFIC PROGRAMS,
SUCH AS ROAD FUNDS, WHEN THE AMOUNT IS DETERMINED.
ON THE STATE LEVEL, MR. HAHN REPORTED ON TWO PROPOSED BILLS RELATED TO FEES AND/OR TAX
INCREASES FOR TRANSPORTATION FUNDING, AND HE REPORTED THAT THE STATE REVENUES
CONTINUE TO EXCEED THE GOVERNOR'S ESTIMATES BY APPROXIMATELY $1.2 BILLION DOLLARS. HE
INDICATED THAT MOST OF THAT REVENUE WILL BE DESIGNATED TO SCHOOLS UNDER PROPOSITION 98
AND PROPOSITION 2.
MR. HAHN ALSO REPORTED ON BUTTE COUNTY'S EFFORTS TO CONSERVE WATER AT COUNTY
FACILITIES.
4.03 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. (NON E)
4.04 Residential Property Assessed Clean Energy (PACE) Program - PACE programs allow commercial and
residential property owners to obtain financing for the acquisition and installation of energy-efficiency,
water-conservation, and renewable energy improvements to or on their real property and repay the
loan through an assessment on their property tax bill. In 2013, the Board of Supervisors authorized the
adoption of the Figtree and Ygrene Property Assessed Clean Energy (PACE) financing programs for use
by commercial property owners only, in the unincorporated areas of Butte County. Residential PACE
programs were not recommended by staff at that time due to concerns expressed by the Federal
Housing Finance Authority (FHFA). The creation of a Loan Loss Reserve by the State of California has
significantly mitigated concerns regarding residential PACE; therefore, staff recommends the Board
approve joining the Open PACE residential program offered through the California Statewide
Communities Development Authority (CSCDA). By adopting the program, two third-party
administrators, Renewable Funding LLC (the California FIRST program) and AllianceNRG will be able to
offer their residential PACE programs in the unincorporated area of the County. PACE programs are
operated by the third party administrators; the County does not provide the financing or administer the
programs - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County
Administration)
JOANNE WILSON, MANAGEMENT ANALYST, PROVIDED A REPORT.
MOTION: I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: KIRK; SECOND:
CONNELLY)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 4/21/2015
PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:30 a.m. -Timed Item - Results of Cash Deficit Reduction Plan - The Department of Behavioral Health
has experienced cash deficits for several years. The department's cash deficit was first identified when
it was moved out of the General Fund and was established as its own fund in FY 2008-09. Since then,
the year-end cash deficit has been as high as $7 million and has varied from year to year. Working
closely with County Administration, the department submitted the Cash Deficit Reduction Plan (Plan)to
the Board in March 2014. This Plan outlined seven steps to address the cash deficit and also build a
cash reserve for future financial sustainability.Through the implementation of the Plan and more timely
State payments, there has been a significant improvement in the department's cash position. As of
February 2015, the department had a cash balance of $2.2 million, which is a stark contrast to a cash
deficit of$5.1 million in February 2014. The department is hopeful that by June 30, 2015 there will be a
cash balance. This cash balance will assist in protecting both the department and the County from the
unpredictable timing of State reimbursements - action requested - ACCEPT FOR INFORMATION.
(Behavioral Health)
DORIAN KITTREL, BEHAVIORAL HEALTH DIRECTOR, AND AMY WILNER, ASSISTANT DIRECTOR PROVIDED
A REPORT. THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN.
5.02 9:45 a.m. - Public Hearing - Amendments to Butte County Code Chapter 24. Zoning Ordinance,
Prohibition on Well Stimulation Byproducts Ordinance - The proposed Prohibition on Well Stimulation
Byproducts Ordinance is a County-initiated amendment to the Butte County Zoning Ordinance that
would ban the storage or disposal of well stimulation ("fracking") byproducts in the unincorporated
portions of Butte County. Adoption of the ordinance has been determined to be categorically exempt
from the California Environmental Quality Act (CEQA) because it will have no potential for physical
change to the environment either directly or indirectly, and because it is a regulatory action taken to
assure the maintenance, restoration, enhancement and protection of the environment. The Prohibition
on Well Stimulation Byproducts Ordinance amends various sections of the Zoning Ordinance, Chapter
24 of Butte County Code (BCC), as follows: 1) Storage or disposal of well stimulation byproducts is
added as a land use category in all zones, and then this land use category is shown as not permitted in
all zones; 2) Supplemental Use Regulations section BCC 24-167.1 specifies that "no well stimulation
byproducts of any form or of any nature may be stored in, or disposed of in, the boundaries of Butte
County, including any injection wells within Butte County"; and 3) The Glossary is amended to add
definitions of "Acidizing," "Hydraulic Fracturing," "Injection Well," "Well Stimulation Byproducts," and
"Well Stimulation Treatment" - actions requested — 1) ADOPT THE RESOLUTION MAKING FINDINGS
RELATIVE TO THE ORDINANCE AND FINDING THE ORDINANCE CATEGORICALLY EXEMPT FROM
ENVIRONMENTAL REVIEW PURSUANT TO CEQA, AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT
THE ORDINANCE AMENDING CHAPTER 24, ENTITLED "ZONING" OF THE BUTTE COUNTY CODE TO
PROHIBIT THE STORAGE OR DISPOSAL OF WELL STIMULATION ("FRACKING") BYPRODUCTS, AND
AUTHORIZE THE CHAIR TO SIGN. (Development Services)
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, AND STACY JOLLIFFE, PRINCIPAL PLANNER,
PROVIDED A REPORT. THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: GRACE MARVIN;JULIAN
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 4/21/2015
ZEINNER;JONI STELLAR; ROBYN DIFALCO;TASHA LEVINSON; BRIAN HAMMAN; AND JOHN SCOTT.
MOTION: I MOVE TO: ADOPT THE RESOLUTION MAKING FINDINGS RELATIVE TO THE ORDINANCE AND FINDING
THE ORDINANCE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO CEOA, AND
AUTHORIZE THE CHAIR TO SIGN; AND ADOPT THE ORDINANCE AMENDING CHAPTER 24, ENTITLED
"ZONING" OF THE BUTTE COUNTY CODE TO PROHIBIT THE STORAGE OR DISPOSAL OF WELL
STIMULATION ("FRACKING") BYPRODUCTS, AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: LAMBERT;
SECOND: KIRK)
VOTE: Motion carried 4- 1
YEA: Supervisor Lambert, Supervisor Connelly, Supervisor Kirk, Supervisor Teeter
NAY: Supervisor Wahl
PUBLIC COMMENT(each speaker limited to five minutes) (NONE)
BOARD OF SUPERVISORS CLOSED SESSION -ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
7.01 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 1 CASE:
MICHAEL SEARS v. COUNTY OF BUTTE; BUTTE COUNTY SHERIFF'S OFFICE; ANDY DUCH;JOHN KUHN;
AND DOES 1 THROUGH 100; USDC-EASTERN DISTRICT COURT, CASE NO. 15-CV-00589-MCE-CMK.
7.02 PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANTTO
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
7.03 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 4/21/2015
LABOR NEGOTIATORS: JACK HUGHES AND BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA;
DSA- MANAGEMENT/SUPERVISORY UNIT;
DSA-GENERAL UNIT;
BCCOA-SUPERVISORY UNIT;
BCCOA-GENERAL UNIT;
CONFIDENTIAL UNIT;
PPOA-MANAGEMENT UNIT;
NON-REPRESENTED UNIT;
SKILLED TRADES UNIT
THERE WERE NO ANNOUNCEMENTS OUT OF CLOSED SESSION.
THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD
THE MEETING WAS AND WILL RECONVENE AT A REGULAR
MEETING OF THE BOARD TO BE HELD ON MAY 5, 2015.
DOUG TEETER, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
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