HomeMy WebLinkAboutM050515 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/5/2015
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
PAUL HAHN,CHIEF ADMINISTRATIVE OFFICER, READ A MINOR CORRECTION TO ITEM 3.30 INTO RECORD. THE
'ACTION REQUESTED'SHOULD SHOW AS"APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN."
CONSENT AGENDA
3.01 Memorandum of Understanding (MOU) - CaIMHSA Sustainability Funding Commitment - On October
27, 2009, the Board of Supervisors approved Butte County Department of Behavioral Health's (BCDBH)
membership in the California Counties Mental Health Services Authority (CaIMHSA) Joint Powers
Authority (JPA). The purpose of CaIMHSA is to administer the statewide Mental Health Services Act
Prevention Early Intervention (PEI) projects. CaIMHSA acts on behalf of the JPA member counties to
develop mental and/or behavioral health services and education programs, obtain funding, contract for
services, collect data, make reports, and act as a repository of information and expertise for such
programs.The PEI Phase II Sustainability Funding plan includes an expansion of the services and support
to the JPA member counties. The expansion includes additional focus on the following topics: diverse
communities (which includes analysis of the public sector), schools, health care and workplace,
prevention and reduction of early childhood trauma and postpartum depression, and increasing public
awareness of the link between substance use disorders and related mental illness. BCDBH would like to
participate in these PEI projects and would benefit from the additional resources provided through
CaIMHSA. Approval is requested to enter into an MOU with CaIMHSA to provide administration of the
Phase II PEI projects.The term of the MOU will begin upon date of execution and will terminate June 30,
2017. The maximum amount payable under this MOU will be determined based on the department's
budget and funding limitations, and will not exceed the following: Fiscal Year (FY) 2014-15 $15,000; FY
2015-16 $25,000; FY 2016-17 amount is to be determined once the State allocation is known - action
requested - 1) APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (Behavioral Health)
3.02 Agreement with Casey Manor - Casey Manor is an adult residential care facility serving mental health
clients. Casey Manor provides a structured program to assist clients to develop the skills necessary to
transition from supervised 24-hour care to independent living. Approval is requested for an agreement
with Casey Manor to provide 24-hour board and care services. The term of this agreement will begin
July 1, 2015 and will terminate on June 30, 2016. The maximum financial obligation under this
agreement shall not exceed $50,508 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral
Health)
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/5/2015
3.03 Agreement with Clean King by DeHart, Inc. - Psychiatric Health Facility Housekeeping - Clean King by
DeHart, Inc. (Clean King) provides a variety of services from commercial office cleaning to carpet
restoration services throughout Butte County. Approval is requested to renew the agreement with
Clean King to provide housekeeping for the Psychiatric Health Facility. The term of the agreement will
begin July 1, 2015 and will terminate June 30, 2016. The maximum financial obligation under this
agreement shall not exceed $50,218 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral
Health)
3.04 Agreement with George Richard Heitzman, M.D. - George Richard Heitzman, M.D. provides services in
the specialized field of psychiatry, as required for adult clients at the Butte County Department of
Behavioral Health Oroville Adult Outpatient Clinic. Approval is requested for an agreement with Dr.
Heitzman for the provision of psychiatric services. The term of this agreement will begin July 1, 2015
and will terminate June 30, 2016. The maximum financial obligation under this agreement shall not
exceed $207,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.05 Agreement with Kevin Dugan, Ph.D - Kevin Dugan Ph.D is a licensed psychologist who will conduct
competency evaluations for the department. Dr. Dugan will perform these evaluations on Butte County
Department of Behavioral Health (BCDBH) consumers charged with misdemeanor offenses who are
initially found incompetent to stand trial. Approval is requested for an agreement with Dr. Dugan for
the provision of competency evaluation services. The term of this agreement will begin July 1, 2015 and
will terminate June 30, 2016. The maximum financial obligation under this agreement shall not exceed
$30,000 - action requested -APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.06 Agreement with J. Gregory Long, D.O. -J. Gregory Long, D.O. is a licensed medical doctor who provides
services in the specialized field of psychiatry as required for adult clients at the Butte County
Department of Behavioral Health outpatient clinics. He also provides after-hours and on-call shifts on a
rotating schedule at the Psychiatric Health Facility. Approval is requested for an agreement with Dr.
Long for the provision of psychiatric services.The term of this agreement will begin July 1, 2015 and will
terminate June 30, 2016. The maximum financial obligation under this agreement shall not exceed
$231,270 - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.07 Agreement with Gerald E. Maguire, M.D. - Gerald E. Maguire, MD is a licensed medical doctor who
provides services in the specialized field of psychiatry as required for adult clients at the Butte County
Department of Behavioral Health Paradise Treatment Center. Approval is requested for an agreement
with Dr. Maguire for the provision of psychiatric services. The term of this agreement will begin July 1,
2015 and will terminate June 30, 2016. The maximum financial obligation under this agreement shall
not exceed $45,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.08 Resolution Proclaiming May 2015 as Mental Health Awareness Month - The Butte County Department
PAGE 2
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/5/2015
of Behavioral Health requests Board approval of resolution proclaiming May 2015 as Mental Health
Awareness Month - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(Behavioral Health)
DORIAN KITTRELL, DIRECTOR OF BEHAVIORAL HEALTH, ACCEPTED THE RESOLUTION. MR. KITTRELL
INFORMED THE BOARD THE DEPARTMENT HAS PARTNERED WITH THE BUTTE COUNTY LIBRARY FOR A
SPEAKER SERIES RELATED TO MENTAL HEALTH AWARENESS MONTH.
3.09 Agreement with Netsmart Technologies, Inc. Amendment K - Netsmart Technologies, Inc. (NTST)
provides Butte County Department of Behavioral Health with an Electronic Health Record (EHR), which
consists of practice management, electronic clinical records, service billing to appropriate payers
including Medi-Cal, managed care, eligibility verification, and report writing for both mental health and
alcohol and drug services. This EHR fully complies with the federal confidentiality standards required by
the Health Insurance Portability and Accountability Act of 1996. Approval is requested for an
amendment to the agreement with NTST. The amendment includes a new product called Avatar
Identity Manager, software upgrades, and annual maintenance and license fees for existing software.
The amendment also incorporates the County's Business Associate Agreement. The maximum financial
obligation under this agreement shall not exceed $2,011,419.99 (an increase of$159,430 for FY 2014-15
and $137,581 for FY 2015-16) - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Behavioral Health)
3.10 Butte County Probation Department - Drug Court Memorandum of Understanding (MOU) - The Butte
County Department of Behavioral Health (BCDBH) in collaboration with the Butte County Probation
Department and Butte County Superior Court, established a comprehensive Drug Court program
designed to serve adult drug offenders. Participants are non-violent convicted criminals with substance
abuse issues. The Drug Court programs include intensive treatment services with ongoing monitoring
and continuing care for 12 months or more. Approval is requested for an MOU with the Butte County
Probation Department for the provision of access to treatment, ongoing judicial oversight and team
management for substance-abusing offenders. The term of the agreement will begin July 1, 2015 and
will terminate on June 30, 2016. The maximum financial obligation under this agreement is $70,000 -
action requested -APPROVE THE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.11 Revenue Agreement with Superior Court of California - Collaborative Justice Courts Substance Abuse
Program - Superior Court of California, County of Butte (the Court) received a grant from the
Administrative Office of the Courts for a Collaborative Justice Courts Substance Abuse Focus Program to
be used in conjunction with Butte County's Treatment Court. The Treatment Court Program began
operations in October 2001 and serves men and women 18 and over who have appeared before the
criminal court with a misdemeanor or felony charge for drug possession or under the influence charges
and are on formal probation as a result of their conviction. Clients who successfully complete the
program will earn dismissal of their conviction. BCDBH provides services to clients of the Treatment
Court as a component of this grant. BCDBH requests approval of an agreement with the Court, which
will fund a portion of a Behavioral Health position. For the performance of these services, the Court
agrees to pay BCDBH up to a maximum compensation of $25,657. The term of this agreement will be
PAGE 3
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/5/2015
July 1, 2014 through August 31, 2015. It should be noted that the Court did not provide the completed
agreement to BCDBH until April 10, 2015 - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral
Health)
3.12 Agreement with TLC Living -TLC Living is an adult residential care facility serving mental health clients.
TLC Living provides a structured program to assist clients to develop the skills necessary to transition
from supervised 24-hour care to independent living. Approval is requested for an agreement with TLC
Living to provide 24-hour board and care services. The term of this agreement will begin July 1, 2015
and will terminate June 30, 2016. The maximum financial obligation under this agreement shall not
exceed $128,100 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.13 Agreement with Victor Treatment Center, Inc - Amendment B - Victor Treatment Centers, Inc. (VTC)
provides a living environment for severely emotionally disturbed children, ages 8 through 18, who are
not able to succeed in family situations, foster homes, group homes, and/or lower levels of care. The
youth served by VTC have significant mental, behavioral and/or emotional disorders that result in the
need for 24-hour supervision in conjunction with intensive mental health services. Approval is
requested to amend the agreement with VTC to provide additional mental health services to Butte
County youth who meet the standards of medical necessity. The increase is due to additional youth
placements. The term of this agreement will remain July 1, 2014 through June 30, 2015 with no change
to the rates. The maximum financial obligation under this agreement shall not exceed $84,011.67 (this
is an increase of$24,012 for FY 2014-15) -action requested -APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Behavioral Health)
3.14 Financial System Implementation Update - The County is conducting a major overhaul of its financial
and human resources system, as well as its business processes. The project, which includes rebuilding
the foundation of the financial system, will result in reduced duplication of entry, effort and the use of
external financial systems; increased and improved reporting functionality; and increased and simplified
interfaces with systems outside of the County's financial system. The project team leaders include
representatives from the Auditor-Controller's Office, County Administration, General Services, Human
Resources, Information Systems, and the Treasurer's Office, with assistance from many other
departments. The Board of Supervisors and the public will see the new structure for financial
information in the FY 2015-16 Recommended Budget in June, and the change in structure will require
action by the Board of Supervisors, after the new fiscal year opens, to move millions of dollars in
restricted cash to the new structure for improved tracking and reporting - action requested - FOR
INFORMATION ONLY. (County Administration)
3.15 Support for AB 610 -Child Support: Suspension of Order-Assembly Bill 610 (AB 610)will extend existing
law, scheduled to sunset on July 1, 2015, to January 1, 2020. Current law authorizes the suspension of
child support orders in the event the obligor is incarcerated or involuntarily institutionalized for more
than 90 days, with specified exceptions. When non-custodial parents are incarcerated or involuntarily
institutionalized, their support obligation continues unabated and interest accrues on the unpaid debt,
unless they seek a modification of their child support order. An obligor must petition the court upon
PAGE 4
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/5/2015
release from incarceration or involuntary institutionalization for an adjustment of the arrears, but few
obligors do so.There is a need to make this program work for all parties involved. AB 610 gives the local
child support agencies the power to make the administrative adjustments to the child support
arrearages, provided no party objects. The ability to adjust payments will allow obligors to have a
manageable payment and will improve their ability to pay. Studies show that as obligors fall further
behind on their payments,the less likely it is they will make the payments-action requested -APPROVE
THE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
3.16 Approval of Minutes - action requested - APPROVE MINUTES OF APRIL 21, 2015. (County
Administration)
3.17 Anderson & Associates -Agreement Amendment - In October 2013, the Board approved an agreement
with Mike Carver and Mark Conry, through Anderson & Associates, for project management and
business process re-engineering assistance as part of the County's implementation of its financial
system as designed, including re-engineering of County business processes to utilize the full
functionality of the system. The original contract was for a not-to-exceed price of $52,800 with an
anticipated end date of June 30, 2014.The agreement was amended in June 2014 to increase the hours
and extend the term to August 31, 2015. The County has primarily used the consultants to assist with
fund accounting, treasury and work order functions to-date, and now requests to expand the scope and
add hours to provide assistance in the purchasing, treasury, and human resources/payroll functions.
The amendment adds 250 hours, at the existing rate of$134/hour, increasing the not-to-exceed cost by
$33,500 to $96,350, and extends the term to June 30, 2016. All other terms and conditions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (County Administration)
3.18 Amended and Restated Joint Exercise of Powers Agreement with the Golden State Finance Authority
GSFA -The County of Butte is a member of the GSFA Joint Powers Authority, previously known as the
California Home Finance Authority (CHF). GSFA provides a variety of home rehabilitation,
homeownership, and home energy efficiency/generation programs to their member communities. The
GSFA Board of Directors is proposing revisions to the Joint Exercise of Powers Agreement, which was
last amended in December 2014, in order to bring the Agreement current and to provide administrative
clarity to various matters. The primary proposed changes include: 1) formal name change to Golden
State Finance Authority, 2) changing the number of members of the Executive Committee from nine to
no fewer than nine and no more than 11, and 3) requirement that the Chair and Vice Chair of the
Authority shall serve on the Executive Committee. If the revised JPA Agreement is adopted by the
governing body of the majority of the members of GSFA, the revisions will be adopted. GSFA is
requesting the governing bodies consider the Amended and Restated JPA by May 12, 2015 - action
requested -APPROVE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
3.19 Amendment to Agreement to Retain Attorney Services Abbott& Kindermann, LLP - Request approval of
an amendment to the agreement with Abbott & Kindermann, LLP, for attorney services. The
amendment updates the Rate Schedule for the agreement effective May 21, 2015. All other terms and
conditions remain the same - action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (County
Counsel)
PAGE 5
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/5/2015
3.20 Amendment Two to the Agreement with McWilliams Mailliard Technology Group - Approval is
requested for an amendment with McWilliams Mailliard Technology Group (MMTG)for the provision of
the Aging and Adult Client Tracking System (AACTS). The system is used by Department of Employment
and Social Services Adult Protective Services staff. MMTG is the provider of AACTS software, an
automated elder care and dependent adult service system. The system facilitates the tracking and
management of Adult Protective Services cases. The term of the agreement shall be extended through
September 30, 2016. The amendment increases the maximum amount payable by $14,920 for a
contract maximum not to exceed $42,220 ($13,100 for FY 2013-14, $14,200 for FY 2014-15 and $14,920
for FY 2015-16) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Employment and
Social Services)
3.21 Memorandum of Understanding Between Department of Employment and Social Services, Probation,
and Behavioral Health for Supportive and Therapeutic Options Program - Approval is requested for a
Memorandum of Understanding (MOU) between the Butte County Department of Employment and
Social Services (DESS), Butte County Probation, and Butte County Department of Behavioral Health
(BCDBH) for the provision of Supportive and Therapeutic Options Program (STOP). The purpose of the
STOP MOU is to expand day treatment and other mental health services for families with children who
are at risk, and cannot access continued services through current mental health programs due to
incarceration. This MOU supports 3 full-time equivalent BCDBH Clinician/Counselor staff to provide
assessments, evaluation, and other case management services to juveniles detained in the Butte County
Juvenile Hall and after their discharge. The term of the MOU is July 1, 2015 through June 30, 2016, with
a maximum payable amount $116,533. Probation provides $17,480 in County matching funds to draw
down the allocation and support the program - action requested -APPROVE THE MOU AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
(Employment and Social Services)
3.22 Amendment One to Memorandum of Understanding Between Employment and Social Services and
Behavioral Health to Provide Medi-Cal Eligible Wraparound Services - Approval is requested for
Amendment One to the Memorandum of Understanding (MOU) between the Butte County Department
of Employment Services (DESS) and Butte County Department of Behavioral Health (BCDBH)to set forth
the types and terms of collaborative services for Medi-Cal eligible wraparound services between DESS
and BCDBH. These services are provided by BCDBH via a subcontractor in Butte County. This
amendment is necessary as there has been an increased need for services for youth served by the
Wraparound Program.The term of the agreement remains the same, but increases the amount payable
per fiscal year by $100,000, with the maximum payable amount of $600,000 ($200,000 for FY 2014-15;
$200,000 FY 2015-16 and $200,000 for FY 2016-17) - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER. (Employment and Social Services)
3.23 Equipment Disposal -The Director of Employment and Social Services requests the Board of Supervisors
to declare as a-waste the following capital assets: 1) DELL Poweredge 6300 Server -Asset No. 26099; 2)
DELL Poweredge 2500 Server-Asset No. 26611; and 3) DELL Poweredge 6400 Server -Asset No. 26613.
The items were originally purchased in 1999, 2002 and 2002 respectively. The equipment is no longer
PAGE 6
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/5/2015
functional and therefore of no use to the department in any capacity - action requested - 1) DECLARE
CAPITAL ASSET ITEMS AS E-WASTE; 2) DIRECT THE ITEMS TO BE REMOVED FROM THE CAPITAL ASSET
INVENTORY LIST AND 3) AUTHORIZE DISPOSAL IN ACCORDANCE WITH COUNTY POLICY. (Employment
and Social Services)
3.24 Approve Memorandum of Understanding for Nursing Services - Approval is requested for a
Memorandum of Understanding (MOU) between the Butte County Department of Employment and
Social Services and the Butte County Public Health Department (BCPHD). BCPHD will provide one full-
time equivalent Public Health Nurse to provide services to In-Home Supportive Services (IHSS) clients.
The term of the MOU is July 1, 2015 through June 30, 2017, with a maximum amount payable of
$240,000 ($120,000 for FY 2015-16 and $120,000 for FY 2016-17) - action requested - APPROVE THE
MOU AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Employment and Social Services)
3.25 Amendment to Agreement with Public Health to Provide Nursing Services for Children's Services -
Approval is requested for an amendment to Memorandum of Understanding (MOU) between
Department of Employment and Social Services (DESS) and Public Health Department for the provision
of nurses who advocate for the health care needs of children, provide case planning and coordination,
and provide referrals for early intervention to specialty providers, dentists, mental health providers and
community providers. The MOU supports 1.5 full time equivalent Public Health Nurse positions (an
increase of 0.5 position)to provide services to clients served by DESS Children's Services.This increase is
necessary in order to meet the increasing demand for medically appropriate services for children in out-
of-home care.The term of this MOU shall remain July 1, 2013 through June 30, 2016. The total amount
of the MOU shall not exceed $411,000 (FY 2013-14: $115,000; FY 2014-15: $116,000; and FY 2015-16:
$180,000, an increase of $64,000) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Employment
and Social Services)
3.26 Amendment to the Agreement with Valley Oak Children's Services to Provide CalWORKs Stage One Child
Care Management Services - Approval is requested for Amendment One to the agreement with Valley
Oak Children's Services for the provision of CalWORKs Stage One Child Care services. These services
assist clients in eliminating barriers to employment and participating in educational programs. The
agreement is being amended due to an increased need for child care services for FY 2014-15 as a result
of the increase to the Regional Market Rate Index for child care and staffing/administrative costs. The
amendment increases the agreement by $290,000 for FY 2014-15 - action requested - 1) APPROVE THE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 vote required).
(Employment and Social Services)
3.27 Agreement with City of Oroville for Right of Entry/Possession for Fiber Optic Cable in Del Oro and
Nelson Avenue - To provide fiber optic cable from the Information Systems building located at 308
Nelson Avenue to the Hall of Records located at 155 Nelson Avenue,the County requires a right of entry
and possession agreement with the City of Oroville for placement of and access to conduit below the
City streets. The cost for the possession follows the standard City Fee Schedule resulting in an initial
yearly fee of $352.78, with a portion of the fee adjusting by 2% annually beginning July 1, 2016, and
PAGE 7
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/5/2015
subject to adjustments if the City adopts a new Fee Schedule in subsequent years. Due to timing of
potential revisions to the agreement, staff requests approval for the General Services Director to
execute the final agreement with the City of Oroville, in substantially the form provided with this item,
for the right of entry and possession subsequent to review by County Counsel - action requested -
AUTHORIZE THE GENERAL SERVICES DIRECTOR TO EXECUTE THE AGREEMENT SUBJECT TO REVIEW BY
COUNTY COUNSEL. (General Services)
3.28 Fourth Amendment to Employment Contract for County Counsel - Approval of the fourth amendment
to the agreement for County Counsel for Bruce S. Alpert is requested. This amendment does not
provide for any increase in salary or benefits.The term of this amendment is extended to April 30, 2018.
Benefits provided under the original agreement are continued in this amendment - action requested -
APPROVE AMENDMENT AND AUTHORIZE CHAIR TO SIGN. (Human Resources)
3.29 Employment Contract - Director-Libraries - The Board of Supervisors is requested to approve the
Employment Contract with Melanie Lightbody, Library Director. The salary of the position is $104, 872,
which is a five percent increase (rounded to the nearest dollar for payroll computation purposes) over
the prior term. The term of the contract is July 30, 2015 through August 11, 2018 - action requested -
APPROVE CONTRACT AND AUTHORIZE CHAIR TO SIGN. (Human Resources)
3.30 Agreement -Vision Service Plan (VSP) -The County utilizes Vision Service Plan (VSP) to provide a group
vision care plan as part of the overall benefit package offered to employees. The term of the current
contract with VSP expired and services are currently provided on a month-to month-basis. Despite
significantly increasing costs in the industry, VSP has agreed to a small increase of $0.28 per enrollee,
for a total of $14.15 per enrolled employee, which includes some benefit enhancement. The annual
rates were discussed and are recommended by the Butte County Benefits Review Committee.
Enhanced benefits include increases in frame and contact lens allowances from $130 to $150. The term
of the agreement is January 1, 2015 to December 31, 2016. In order to allow Human Resources time to
complete a new formal solicitation for vision care, staff recommends that the Board approve the
contract with VSP - action requested - ADOPT THE orcni 1 iTION AND AUTHORIZE THE CHAIR TO SIGN
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
3.31 Data 911 Contract Amendment - For over ten years, the Sheriff's Office has utilized the services of Data
911 to provide the Sheriff's Emergency Dispatch Center with Computer Aided Dispatch (CAD) and a
Report Management System (RMS). The Sheriff's Office has entered into three 3-year term contracts
with Data 911 and is now requesting to enter into a second one-year contract while the Sheriff's Office
explores options for CAD and RMS services. In August of 2011, General Services approved the Sole
Source request for continuance with Data 911 due to the equipment costs and manpower investment in
utilizing such a system. In March of 2015, the Sheriff's Office completed an RMS Needs Assessment
through a private consultant and is evaluating the results. The contract amendment proposes to
increase the contract by $110,655.72 for one year through June 30, 2016. This increases the maximum
payable for five years to $503,018.12. Additionally, the Sheriff's Office provides other public safety
agencies access to the state criminal computer system via a second Data 911 contract that is entering
the fifth year. The proposed contract has a five-year maximum payable of $10,380.69 through June 30,
2016. The agencies serviced are the Butte County District Attorney's Office, CALFIRE, BINTF and CSUC
Police Department. Data 911 directly invoices each user agency for on-going use of the system - action
PAGE 8
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/5/2015
requested - APPROVE BOTH AMENDMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Sheriff)
3.32 Law Enforcement Memorial Week - May 10-16 is National Law Enforcement Memorial Week a time to
honor and remember those law enforcement officers who have died in the line of duty protecting their
communities-action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff)
SHERIFF KORY HONEA ACCEPTED THE RESOLUTION.
3.33 Sheriff's Office Grant Agreement with CAL FIRE for Inmate Crews Road Maintenance - On behalf of the
Sheriff's Office, CAL FIRE Butte County applied for and was granted a State Responsibility Area (SRA) Fire
Prevention Fund Projects grant in the amount of$43,000. The scope of the project is roadway right-of-
way vegetation removal in the Cohasset area for fire prevention. The Sheriff's Office, Public Works and
County Fire Department intend to work collaboratively to complete the scope of the grant. The Sheriff's
Office will be using supervised inmate labor road crews to complete the work between now and
expiration of the grant, or until the funds are fully expended. Public Works will define the boundary of
public property to be cleared and provide staff and the chipper to mulch and haul vegetation from the
site. The term of the grant is from final signature through March 15, 2017. Maximum payable $43,000
with a $17,700 in-kind match. Due to the compressed application time line, the Sheriff was compelled
to sign the grant agreement and is requesting Board ratification of the Sheriff's signature. The Sheriff's
Office will request to appropriate funds at a later date, once the grant agreement is fully executed -
action requested - 1) APPROVE AGREEMENT AND RATIFY SHERIFF HONEA'S SIGNATURE ON THE GRANT
AGREEMENT; AND 2)APPROVE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff)
3.34 May 2015 - Water and Watershed Awareness Month Resolution - California water agencies have
celebrated May as Water Awareness Month since 1989. May brings warmer weather and an
opportunity to remind us all to use water wisely inside and outside the home, especially in this fourth
year of drought. The Save Our Water Campaign is a statewide program aimed at helping Californians
reduce their everyday water use. This public education campaign shows consumers the many ways to
conserve water and permanently reduce water use. The California Watershed Network launched
California's first annual Watershed Awareness Month in May 2005. Throughout the month of May,
volunteer community organizations, educators, and other groups are encouraged to promote the
importance of watersheds at the grass-roots and community levels by organizing and conducting
watershed awareness activities. In light of these statewide efforts, Butte County along with other local
watershed groups and water agencies would like to join with others around the state to encourage wise
water use and raise awareness for the health and management of our watersheds and water resources-
action requested -ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource
Conservation)
PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION, ACCEPTED THE RESOLUTION.
CASEY HATCHER WITH BUTTE COUNTY ADMINISTRATION PROVIDED INFORMATION ON UPCOMING
WATER CONSERVATION EVENTS THAT WILL BE HELD THIS MONTH.
DENNIS SCHMIDT, ASSISTANT DIRECTOR OF GENERAL SERVICES, PROVIDED A REPORT OF THE WATER
CONSERVATION EFFORTS THE COUNTY IS DOING AT VARIOUS COUNTY FACILITIES.
PAGE 9
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/5/2015
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE CORRECTION TO ITEM 3.30 AS READ INTO
RECORD. (MOTION: KIRK; SECOND: CONNELLY)
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
(Pursuant to CA State law,the Board is prohibited from taking action on any item not listed on the
agenda.)
SUPERVISOR CONNELLY REPORTED ON AN ORAC (OROVILLE RECREATION ADVISORY COMMITTEE)
MEETING. HE INDICATED THAT ORAC WAS FORMED IN THE 19705 BECAUSE OF ISSUES RELATED TO
FERC (FEDERAL ENERGY REGULATORY COMMISSION) RELICENSING AT LAKE OROVILLE AND PROTESTS
BY LOCAL GROUPS REGARDING FEES AND LACK OF FACILITIES AT THE LAKE. SUPERVISOR CONNELLY
REQUESTED THAT THE COUNTY DRAFT A LETTER TO FERC TO PROVIDE COMMENTS THAT THE TERMS OF
19705 MEMORANDUM OF UNDERSTANDING ARE NOT BEING MET.
SUPERVISOR KIRK REPORTED ON A "HAVE A SENIOR MOMENT" EVENT SCHEDULED FOR THURSDAY,
MAY 7 FROM 5:30 TO 7:30 AT ENLOE HOSPITAL'S CONFERENCE CENTER THAT IS SPONSORED BY
PASSAGES,THE PEG TAYLOR CENTER, AND THE COMMUNITY ACTION AGENCY.
SUPERVISOR TEETER PROVIDED A NEW BROCHURE PRODUCED BY RCRC (RURAL COUNTY
REPRESENTATIVES OF CALIFORNIA)TO EACH BOARD MEMBER.
4.02 UPDATE OF CURRENT BUDGET AND LEGISLATIVE ISSUES BY THE CHIEF ADMINISTRATIVE OFFICER.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, INFORMED THE BOARD THAT THE MAY REVISE OF THE
PROPOSED GOVERNOR'S BUDGET WILL BE RELEASED WITHIN A WEEK. HE INDICATED THAT STATE
REVENUE CONTINUESTO EXCEED PROJECTIONS. HE REPORTED ON A PROPOSED BILLATTHE STATE LEVEL
FOR COMPREHENSIVE TRANSPORTATION FUNDING.
HE REPORTED ON A FEW COMMUNITY MEETINGS HELD BY PG&E REGARDING THE PROPOSED REMOVAL
OF TREES BY PG&E ON THE MIDWAY IN DURHAM. HE REPORTED THAT IT IS EXPECTED THERE SHOULD BE
AT LEAST ONE ADDITIONAL MEETING.
MR. HAHN ALSO PROVIDED AN UPDATE ON THE GARBAGE COLLECTION FRANCHISE AGREEMENTS THAT
TOOK EFFECT MARCH 1,2015.
PAGE 10
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/5/2015
A. Update on Enforcement of Medical Marijuana Cultivation Restrictions
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, PROVIDED A REPORT ON THE CODE
ENFORCEMENT CASES RELATED TO MEDICAL MARIJUANA CULTIVATION GROWS. CHRIS JELLISON,
CODE ENFORCEMENT SUPERVISOR, PROVIDED DETAILS ON WHAT CODE ENFORCEMENT OFFICERS
EXPERIENCE AND SEE WHEN IN THE FIELD.
PAUL HAHN, THANKED THE SHERIFF'S OFFICE FOR THEIR SUPPORT IN PROVIDING SHERIFF'S DEPUTIES
TO ACCOMPANY CODE ENFORCEMENT OFFICERS ON EVERY SITE VISIT FOR THE SAFETY OF THAT STAFF.
4.03 GENERAL PLAN FOLLOW-UP AND IMPLEMENTATION BY DIRECTOR OF DEVELOPMENT SERVICES.
TIM SNELLING, DIRECTOR OF DEVELOPMENT SERVICES, PROVIDED AN UPDATE.
SUPERVISOR KIRK REQUESTED AN UPDATE ON THE SPECIAL EVENTS ORDINANCE THAT WAS APPROVED
BY THE BOARD OF SUPERVISORS ON MARCH 24, 2015. MR. SNELLINGS AND CHUCK THISTLETHWAITE,
PLANNING MANAGER, ANSWERED QUESTIONS FROM BOARD MEMBERS.
4.04 Items Removed from the Consent Agenda for Board Consideration and Action. (NONE)
4.05 Resolution Establishing Butte County Personnel Rules - Since June 2014 the County has been meeting
with all of the represented and non-represented employee groups over a number of proposed changes
to the Butte County Personnel Rules. The vast majority of the changes are being made to provide
additional clarity in the rules, articulate current practices and/or to be in compliance with recent
legislative changes. All employee groups have agreed to the proposed changes. In addition all employee
groups have been informed that existing agreed upon language in Section 12.1 regarding vacation caps
will be consistently administered effective January 1, 2016. A summary of the changes are provided in
the staff report -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human
Resources)
BRIAN RING, DIRECTOR OF HUMAN RESOURCES, PROVIDED A REPORT.
MOTION: I MOVE TO APPROVE ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: KIRK;
SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
4.06 Resolution Recognizing May 2015 as Building Safety Month and Amnesty Program for May and June
2015 -The Building Safety Month (May 2015) and the Permit Amnesty Program (through June 30, 2015)
are aimed at protecting public health, home/business owner's safety, and the environment by
encouraging property owners to complete the County's permit process. These efforts are designed to
PAGE 11
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/5/2015
ensure construction meets acceptable standards and to educate the public about building codes
through outreach activities. The Amnesty Program provides property and business owners the
opportunity to apply for permits for buildings, additions, and remodels not previously permitted with
the following intended benefits: 1) The 60% investigative building permit penalty fees would not be
imposed; and 2) Assignment of a staff member to assist the property owners through the application
process. Compliance with the building permit process can assist those property owners that may have
their properties on the market where the sale may be jeopardized due to unpermitted work.
Residential, industrial and commercial unpermitted construction work or unpermitted commercial
occupancies are eligible for the Amnesty Program - action requested - 1) ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE A BUILDING PERMIT AMNESTY PROGRAM THROUGH
JUNE 30, 2015 TO WAIVE THE 60% PENALTY FEE FOR ELIGIBLE APPLICANTS. (Development Services)
NANCY SPRINGER, BUILDING MANAGER, PROVIDED A REPORT.
MOTION: I MOVE TO: 1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE A BUILDING
PERMIT AMNESTY PROGRAM THROUGH JUNE 30, 2015 TO WAIVE THE 60% PENALTY FEE FOR ELIGIBLE
APPLICANTS. (MOTION: KIRK; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:30 a.m. -Public Hearings for Outdoor Festival Licenses:
A. MISC15-0004 - Golden Valley Community Broadcasters Application - Golden Valley Community
Broadcasters 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 26 -28, 2015),from 9:00 a.m.
to 12:00 a.m. on Friday and Saturday, and 9:00 a.m. to 10:00 p.m. on Sunday, and have a
maximum of 300-500 spectators, participants and other attendees per day. On-site camping is
proposed. Parking is proposed on site. 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 Development Services Department has completed an
environmental review of the application, completed a site visit and determined that since no
permanent structures will be built and only normal seasonal clearing of grass areas will occur,
the project is categorically exempt from the California Environmental Quality Act, 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 - FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION
15304(e) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVE THE APPLICATION
PAGE 12
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/5/2015
FOR AN OUTDOOR FESTIVAL LICENSE (MISC15-0004), SUBJECT TO THE RECOMMENDED
CONDITIONS. (Development Services)
MARK MICHELENA, SENIOR PLANNER WITH DEVELOPMENT SERVICES, PROVIDED A REPORT. MR.
MICHELENA INFORMED THE BOARD THAT IN CONDITION #12 IN THE STAFF REPORT THE WORD
"SHOULD" SHOULD BE CHANGED TO "SHALL."
THE FOLLOWING INDIVIDUALS SPOKE: CLARA BARBER;JASON ROMER; AND PEGGY MOAK.
MOTION: I MOVE TO FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(e) OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVE THE APPLICATION FOR AN OUTDOOR
FESTIVAL LICENSE (MISC15-0004), SUBJECT TO THE CONDITIONS IN THE STAFF REPORT WITH AN
AMENDMENT TO CONDITION #3 TO ALLOW AMPLIFIED MUSIC THROUGH 12:00 A.M. MIDNIGHT ON
FRIDAY AND SATURDAY NIGHTS ONLY AND WITH THE CORRECTION TO CONDITION #12 AS READ INTO
RECORD. (MOTION: CONNELLY; SECOND: KIRK)
VOTE: Motion APPROVED 5 -0
B. MISC15-0005 - George Francis Application - George Francis 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, July 17 - 19, 2015), from 8:00 a.m. to 1:00 a.m. on Friday and Saturday and from
8:00 a.m. to 12:00 a.m. on Sunday, and proposes to have up to 3,000 spectators, participants
and other attendees per day. Limited on-site camping and RV spaces are available. The festival
site will be on three parcels (APN 035-480-071, 069 & 071), totaling approximately 18.4-acres.
The parcels are located on the west side of Pacific Heights Road, Oroville. The Development
Services Department has completed an environmental review of the application, completed a
site visit and determined that since no permanent structures will be built and only normal
seasonal clearing of grass areas will occur, the project is categorically exempt from the
California Environmental Quality Act, 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 - FIND THE FESTIVAL TO BE
CATEGORICALLY EXEMPT UNDER SECTION 15304(e) OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT; AND APPROVE THE APPLICATION FOR AN OUTDOOR FESTIVAL PERMIT (MISC15-
0005), SUBJECT TO THE RECOMMENDED CONDITIONS. (Development Services)
MARK MICHELENA, SENIOR PLANNER WITH DEVELOPMENT SERVICES, PROVIDED A REPORT. MR.
MICHELENA READ THE FOLLOWING CORRECTIONS INTO RECORD: THE WORD "SHOULD" CHANGED TO
"SHALL" IN CONDITIONS #16 AND #18, AND IN CONDITION #24 THE CORRECT LOCATION IS "PACIFIC
HEIGHTS ROAD", NOT"CONCOW ROAD."
GEORGE FRANCIS ADDRESSED THE BOARD.
PAGE 13
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/5/2015
MOTION: I MOVE TO APPROVE FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(E) OF
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND APPROVE THE APPLICATION FOR AN OUTDOOR
FESTIVAL PERMIT (MISC15-0005), SUBJECT TO THE RECOMMENDED CONDITIONS AND WITH THE
CORRECTIONS AS READ INTO RECORD FOR CONDITIONS #16, #18 AND #24. (MOTION: CONNELLY;
SECOND:WAHL)
VOTE: Motion APPROVED 5—0
5.02 9:40 a.m. -Timed Item - Resolution of Necessity to Acquire Certain Property by Eminent Domain for the
Lincoln Boulevard Pedestrian Safety Project - The Public Works Department has been involved in
negotiations to acquire right of way and easements for the Lincoln Blvd. Pedestrian Safety Project,
Federal Project No HSIPL 5912-03(087). The project as designed is intended to reduce accidents
involving pedestrians in the area, particularly children going to the area schools. The County and its
consultant have negotiated with 39 owners of 45 parcels. To date, the County has been successful in
reaching an agreement with 35 of the 39 owners. Before the County can advertise for construction of
the project, the County must first certify to CalTrans, by August 30, 2015, that: 1) it has acquired the
necessary right of way or 2) it can obtain an order of possession from the courts. The right of way
negotiations for the following four property owners have reached the point of impasse: Jeffrey L.
Cooper; APN 035-211-007 & 035-213-023, Carol L. Froelick; APN 035-213-013, Audrie Kleinert; APN 035-
222-046 and Ronald and Patricia Stilwell; APN 035-222-040. In order to complete the project, the
County needs to begin the process of acquisition by eminent domain.To meet the time frame necessary
to certify the right of way the County must first adopt the Resolutions of Necessity before the Orders of
Possession can be requested -action requested -
1) CONDUCT THE HEARING TO CONSIDER THE ADOPTION OF THE RESOLUTIONS OF NECESSITY TO
ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN FROM EACH
OF THE FOUR PARTIES LISTED ABOVE; AND
2) UPON COMPLETION OF THE HEARING, DETERMINE WHETHER THE FOUR CONDITIONS REQUIRED BY
THE STATE GOVERNMENT CODE HAVE BEEN MET. IF THE FOUR CONDITIONS HAVE BEEN MET, ADOPT
THE RESOLUTIONS OF NECESSITY FOR EACH OF THE PARTIES AS IS REQUIRED TO PROCEED WITH
ACQUISITION OF RIGHTS OF WAY AND EASEMENTS REQUIRED FOR THE LINCOLN BLVD. PEDESTRIAN
SAFETY PROJECT THROUGH EMINENT DOMAIN PROCEEDINGS. (Public Works)
TOM FOSSUM, DEPUTY DIRECTOR OF PUBLIC WORKS, PROVIDED A REPORT. MR. FOSSUM REPORTED
THAT AFTER THE STAFF REPORT WAS COMPLETED IN THE WEEK PRIOR TO THIS MEETING, THE COUNTY
REACHED AGREEMENT ON 2 OF THE 5 PROPERTIES THAT ARE REFERENCED IN THIS ITEM. THE
FOLLOWING OWNERS/PARCELS WILL NOT BE INCLUDED IN THE REQUEST TODAY: JEFFERY L.
COOPER/APN 035-211-007 AND CAROL L. FROELICK/APN 035-213-013.
THE FOLLOWING INDIVIDUALS SPOKE: MRS. KLIENERT; T.C. DENNIS; JANET GOODSON; PASTOR KEVIN
THOMPSON;AND BILL BYNUM.
MOTION: I FIND FOUR CONDITIONS REQUIRED BY THE STATE GOVERNMENT CODE HAVE BEEN MET, AND MOVE
TO ADOPT THE RESOLUTIONS OF NECESSITY FOR THREE OF THE PARTIES (JEFFERY L. COOPER/APN 035-
213-023; AUDRIE KLEINERT/APN 035-222-046; AND RONALD AND PATRICIA STILWELL/APN 035-222-
PAGE 14
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/5/2015
040 AS IS REQUIRED TO PROCEED WITH ACQUISITION OF RIGHTS OF WAY AND EASEMENTS REQUIRED
FOR THE LINCOLN BLVD. PEDESTRIAN SAFETY PROJECT THROUGH EMINENT DOMAIN PROCEEDINGS.
(MOTION: CONNELLY: SECOND: WAHL)
VOTE: Motion APPROVED 5—0
5.03 10:00 a.m. - Public Hearing - Rezone to Repeal a Conditional Zoning Agreement between Mooretown
Rancheria and the County of Butte; REZ15-0001 - Rezone REZ15-0001 would remove conditions of
approval and mitigation measures applicable to the Feather Falls Casino parking lot, through repeal of
the May 22, 2001 Conditional Zoning Agreement between Mooretown Rancheria Concow Maidu, a
federally-recognized sovereign Indian Tribe, and the County of Butte, thereby removing encumbrances
to the subject property and enabling it to be taken into trust status by the United States on behalf of
the Tribe. The 5.16-acre project site area has been constructed with parking lot improvements
consistent with the Conditional Zoning Agreement. The parking lot's consistency with conditions of
approval and mitigation measures relative to construction were checked and confirmed prior to
approval of the final building permit on October 22, 2002. Rezone REZ15-0001 is categorically exempt
from environmental review pursuant to California Environmental Quality Act (CEQA) Guidelines section
15301. The project is currently developed as a parking lot and will continue with no change or
expansion of use after the Conditional Zoning Agreement is repealed. The Planning Commission
recommends that the Board of Supervisors adopt the Rezone - action requested - 1) ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT ORDINANCE TO REPEAL THE MAY 22,
2001 CONDITIONAL ZONING AGREEMENT BETWEEN MOORETOWN RANCHERIA CONCOW MAIDU, A
FEDERALLY-RECOGNIZED SOVEREIGN INDIAN TRIBE, AND THE COUNTY OF BUTTE. (Development
Services)
STACY JOLLIFFE, PRINCIPAL PLANNER, PROVIDED A REPORT.
MOTION: I MOVE TO: 1) ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT
ORDINANCE TO REPEAL THE MAY 22, 2001 CONDITIONAL ZONING AGREEMENT BETWEEN
MOORETOWN RANCHERIA CONCOW MAIDU, A FEDERALLY-RECOGNIZED SOVEREIGN INDIAN TRIBE,
AND THE COUNTY OF BUTTE. (MOTION: CONNELLY; SECOND: KIRK)
VOTE: Motion APPROVED 5 -0
PUBLIC COMMENT(each speaker limited to five minutes) (NONE)
Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes.
Please note that pursuant to California state law,the Board of Supervisors is prohibited from taking action on any
item not listed on the agenda.
PAGE 15
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/5/2015
BOARD OF SUPERVISORS CLOSED SESSION -ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
(To be held contemporaneously with the IHSS PA Board closed session)
7.01 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 1 CASE:
JACQUELINE DEVLIN V. BUTTE COUNTY AND MICHAEL SANDERSON; BUTTE COUNTY SUPERIOR COURT
CASE NO. 163271
7.02 CONFERENCE WITH LABOR NEGOTIATOR PURSUANTTO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES AND BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA;
DSA- MANAGEMENT/SUPERVISORY UNIT;
DSA-GENERAL UNIT;
BCCOA-SUPERVISORY UNIT;
BCCOA-GENERAL UNIT;
CONFIDENTIAL UNIT;
PPOA- MANAGEMENT UNIT;
NON-REPRESENTED UNIT;
SKILLED TRADES UNIT
7.03 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54956.8
PROPERTY APN: 040-600-081
AGENCY NEGOTIATOR: GRANT HUNSICKER
NEGOTIATING PARTY: BILL BROUHARD
NEGOTIATIONS:TERMS AND CONDITION OF CONVEYANCE
Adjournment
Adjourned as the Butte County Board of Supervisors and convened as the In-Home Supportive Services
Public Authority Board.
PAGE 16
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/5/2015
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MINUTES
MAY 5, 2015
1. CALLED TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
Members present: Supervisors Connelly, Wahl, Kirk, Lambert and Teeter
2. CONSENT AGENDA(No Items)
3. REGULAR AGENDA(No Items)
4. IHSS PA BOARD PUBLIC COMMENT(each speaker limited to five minutes) (NONE)
Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five
minutes. Please note that pursuant to California state law,the Board of Supervisors is prohibited from
taking action on any item not listed on the agenda.
S. IHSS PA BOARD CLOSED SESSION: ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
(To be held contemporaneously with the Board of Supervisors closed session)
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: CATHI GRAMS,JACK HUGHES AND BRIAN RING
EMPLOYEE ORGANIZATION: CUHW
THERE WERE NO ANNOUNCEMENTS OUT OF CLOSED SESSION.
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 MAY
19, 2015.
DOUG TEETER, CHAIR
ATTEST: BUTTE COUNTY BOARD OF SUPERVISORS
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
PAGE 17