HomeMy WebLinkAboutM051915 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
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 CORRECTION TO THE LETTER ASSOCIATED WITH ITEM 3.43
(DEPARTMENT OF WATER RESOURCES GROUNDWATER SUSTAINABILITY PROGRAM STRATEGIC PLAN) INTO THE
RECORD. MR. HAHN INFORMED THE BOARD THAT THE LAST SENTENCE OF THE FIFTH PARAGRAPH (ON TOP OF
PAGE 2)OF THE LETTER WILL BE REMOVED. THAT PARAGRAPH WILL NOW END WITH THE FOLLOWING SENTENCE:
"WE SUGGESTTHATTHE SENTENCE BE CHANGED."
CONSENT AGENDA
3.01 Resolution Requiring Application for Reduction of Escape Assessments within 60 days of Tax Bill - An
escape assessment is a retroactive assessment intended to rectify an omission or error that caused
taxable property to be under-assessed or not assessed at all. If property escapes assessment, the
Assessor is required to value the property upon discovery, enroll the appropriate value on the roll being
prepared and process escape assessments for prior years as provided by law. This assessment is not
effective until the assessee has been notified. The Assessor currently provides a separate notice to the
taxpayer with information regarding appeal rights and the appeal filing period in accordance with
Section 534(c) of the California Revenue and Taxation (R&T) Code. The notice is then followed by a tax
bill generated as a result of the escape assessment. R&T Code does provide for a more efficient and
cost-effective means of noticing escape assessments. Pursuant to Section 1605(c) of the R&T Code, the
Board of Supervisors may adopt a resolution requiring that taxpayers file applications for reduction no
later than 60 days after the date of mailing on a tax bill (or postmark, whichever is later). In counties
where the Board of Supervisors has adopted such a resolution, the tax bill generated by the escape
assessment may serve as proper notice provided that the required Section 534(c) information is
included and a separate notice of enrollment would no longer be required. The language of Section
534(c) has been added to the Butte County tax bills for fiscal year (FY) 2015-16, and the Assessor
requests that the Board adopt a resolution under the provisions of Section 1605(c) of the R&T Code
requiring that applications for reduction be filed with the Clerk of the Board no later than 60 days after
the date of mailing of the tax bill for escape assessments.This will allow the 2015-16 tax bills to serve as
official notice of any escape assessments added to the official roll - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Assessor)
3.02 Agreement with Beth Jones - Beth Jones was selected through a competitive Request for Proposals
process to fill a contracted position of Patients' Rights Advocate. Approval is requested for an
agreement with Beth Jones to provide patient rights advocacy for Butte County Department of
Behavioral Health (BCDBH) clients. The term of the agreement will be July 1, 2015 through June 30,
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
2017. The maximum financial obligation under this agreement shall not exceed $105,400 ($52,700 for
FY 2015-16 and $52,700 for FY 2016-17) - action requested - APPROVE AGREEMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral
Health)
3.03 Agreement with Caminar, Inc. - Caminar, Inc. is a nonprofit corporation specializing in the planning,
development, and operation of vocational rehabilitation programs. Approval is requested for an
agreement with Caminar, Inc. to provide vocational rehabilitation services to Butte County clients who
have displayed severe and persistent mental illness and/or alcohol and drug problems, and for property
management services for Avenida Apartments in support of these services. The term of this agreement
will be July 1, 2015 through June 30, 2016.The maximum financial obligation under this agreement shall
not exceed $286,108 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.04 Budget Adjustment and Capital Asset Purchase - Per County Budget and Capital Asset policy, approval is
requested for the purchase of two Storage Area Network (SAN) systems to replace aging units. The
primary purpose of a SAN system is the transfer of data between computer systems and storage
elements. Updated systems will provide many benefits to the department including high capacity, real-
time, 24/7 storage for all critical data systems. Approval is requested for a budget adjustment moving
services and supply funding within the department budget to fund the capital asset purchase. The total
estimated cost is $275,000 - action requested - 1) APPROVE CAPITAL ASSET PURCHASE; AND 2)
APPROVE BUDGET ADJUSTMENT. (Behavioral Health)
3.05 Agreement with Counseling Solutions - Counseling Solutions, a nonprofit agency, provides mental
health services to Butte County youth living in the foster care system. Counseling Solutions helps
children, adults and families work through issues that cause barriers to healthy relationships. Approval
is requested for an agreement with Counseling Solutions to provide mental health services to Medi-Cal
eligible children. The term of this agreement will be July 1, 2015 through June 30, 2016. The maximum
financial obligation under this agreement shall not exceed $337,038.90 - 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 Crestwood Behavioral Health, Inc. -Amendment A - Crestwood Behavioral Health, Inc.
(Crestwood) consists of skilled nursing facilities, mental health rehabilitation centers, and institutes for
mental disease which provide behavioral intervention and psychological and social rehabilitation to
consumers with mental disorders in secure residential settings. Approval is requested to amend the
agreement with Crestwood to increase bed days and enhancement services needed for client
placements through FY 2014-15. The increase is due to additional consumer placement needs. There
are no changes to rates, and the term of this agreement will remain July 1, 2014 through June 30, 2015.
The maximum financial obligation under this agreement shall not exceed $1,185,000 (this is an increase
of $275,000) - action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.07 Agreement with Crestwood Behavioral Health, Inc. - Approval is requested for an agreement with
Crestwood to provide behavior modification, skilled nursing, case management, pre-vocational and life
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
skills training. The term of this agreement will be July 1, 2015 through June 30, 2016. The maximum
financial obligation under this agreement shall not exceed $951,000 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER. (Behavioral Health)
3.08 Agreement with Debra Villasenor - Debra Villasenor provides a wide array of services associated with
the identification, development and operation of housing for clients with serious mental illness who
receive services through BCDBH. The housing services include: determining housing needs of BCDBH
clients; identifying accessible housing, building partnerships with housing owners and property
management firms to obtain more available units for BCDBH clients; developing plans for use of Mental
Health Services Act (MHSA) housing funds; and ensuring compliance with reporting requirements of
housing grants. Approval is for an agreement with Debra Villasenor for the provision of these housing
services. The term of the agreement will be July 1, 2015 through June 30, 2016. The maximum financial
obligation under this agreement shall not exceed $49,980 - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Behavioral Health)
3.09 Agreement with the State Department of Health Care Services - The State Department of Health Care
Services (DHCS) standard agreement provides State and federal funding for a majority of the
Department of Behavioral Health's substance use disorder programs. Approval is requested to amend
the agreement with DHCS to add additional funding. The term of this agreement remains July 1, 2014
through June 30, 2017. The maximum financial obligation under this multi-year agreement shall not
exceed $9,412,044, broken down as follows: $3,675,580 (this is an increase of$807,348)for FY 2014-15;
$2,868,232 for FY 2015-16; and $2,868,232 for FY 2016-17 - action requested - 1) APPROVE
AGREEMENT AMENDMENT 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)
3.10 Agreement with Onsite Medical Services Physician Assistant Corporation (Onsite Medical) - Onsite
Medical conducts health histories and physical examinations for clients in the Butte County Psychiatric
Health Facility. Examinations are conducted on a daily basis, seven days a week, and within 24 hours of
the clients admission to the Psychiatric Health Facility as required by law. Approval is requested for an
agreement with Onsite Medical for the provision of physicals and medical evaluations. The term of this
agreement will be July 1, 2015 through June 30, 2016. The maximum financial obligation under this
agreement shall not exceed $47,880 - action requested -APPROVE AGREEMENT AND AUTHORIZED THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral
Health)
3.11 Agreement with Jesus Center -Jesus Center is part of a continuum of service providers that integrates
individuals into the community from a life of isolation. Staff at the center ensure that food, shelter, and
vocational rehabilitation are provided in a supportive environment for those in need of services.
Approval is requested for an agreement with Jesus Center to provide vocational rehabilitation services
to Butte County clients seeking community employment.The term of this agreement will be July 1, 2015
through June 30, 2016. The maximum financial obligation under this agreement shall not exceed
$71,100 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.12 Agreement with Skyway House, LLC. -Amendment B - Skyway House LLC is a drug rehabilitation facility
where persons suffering from chemical dependency can re-establish their lives in a structured, private
residential facility. Skyway House, LLC specializes in residential, short-term (30 days or less) and
residential, long-term (30 days or more) substance abuse treatment program. Approval is requested to
amend the agreement with Skyway House, LLC to provide additional residential housing for Butte
County clients, update contract recitals to Skyway House, LLC due to an organizational structure change,
and to modify reimbursement language. There are no changes to rates, and the term of this agreement
will remain July 1, 2014 through June 30, 2015. The maximum financial obligation under this agreement
shall not exceed $75,706.14 (this is an increase of $19,771.50 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)
3.13 Agreement with Youth for Change (YFC) -YFC is a nonprofit organization that is licensed by the State of
California to provide specialty mental health treatment and support services in the community. YFC
specializes in community collaboration which supports the healing of children and families. Approval is
requested for an agreement with YFC to provide mental health services to Medi-Cal eligible children
within Butte County. The term of this agreement will be July 1, 2015 through June 30, 2016 with a
maximum financial obligation not to exceed $3,244,564.20 - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Behavioral Health)
SUPERVISOR TEETER RECUSED HIMSELF FROM THE VOTE ON THIS ITEM AS HIS
WIFE WORKS FOR YOUTH FOR CHANGE
3.14 Agreement with Dora-Linda Lau Wang, M.D. - Dr. Dora-Linda Lau Wang is a licensed physician and
surgeon who is experienced in the delivery of psychiatric services through telepsychiatry, whereby
clients receive psychiatric services by video-conferencing. Dr. Wang's services will supplement those of
other Butte County psychiatrists. Approval is requested for an agreement with Dr. Wang for the
provision of telepsychiatric services. The term of this agreement will be July 1, 2015 through June 30,
2016. The maximum financial obligation under this agreement shall not exceed $266,240 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.15 Agreement with Victor Treatment Centers, Inc. - Victor Treatment Centers (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 for an
agreement with VTC to provide mental health services to Butte County youth who meet the standards
of medical necessity. The term of this agreement will be July 1, 2015 through June 30, 2016. The
maximum financial obligation under this agreement shall not exceed $59,999.67 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND AUDITOR-CONTROLLER. (Behavioral Health)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
3.16 Agreement with Victor Community Support Services, Inc. - Victor Community Support Services (VCSS)
provides a wide array of community based mental health and family support services. Working in a
close partnership with Butte County Department of Behavioral Health, VCSS addresses the mental
health needs of children and their families. Approval is requested for an agreement with VCSS to
provide school-based mental health services to Medi-Cal eligible children. The term of this agreement is
July 1, 2015 through June 30, 2016 with a maximum financial obligation that not-to-exceed
$2,339,077.36 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.17 Agreement with Valley Oak Children's Services (VOCS) -VOCS is a nonprofit agency serving Butte County
with a primary function to support, empower and advocate for children, families and child care
providers through education, resources, and the promotion of quality child care services. VOCS provides
support to licensed child care centers, family child care homes and informal child care providers in
dealing with and managing children with challenging behaviors. Approval is requested for an agreement
with VOCS to provide mental health services to full scope Medi-Cal Children. The term of this
agreement will be July 1, 2015 through June 30, 2016. The maximum financial obligation under this
agreement shall not exceed $50,100 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral
Health)
3.18 Agreement with Stonewall Alliance of Chico - Stonewall Alliance of Chico works to create an accepting
environment for members of the lesbian, gay, bisexual, transgender and questioning community that is
open, safe, and inclusive for all people. They provide information, advocacy, referrals, and support. The
Stonewall Alliance of Chico unites and strengthens individuals and the community through coordination
of community events, activities, and discussions. Approval is requested for an agreement with
Stonewall Alliance of Chico to provide suicide prevention, education and outreach to Butte County
community individuals and groups. The term of this agreement will be July 1, 2015 through June 30,
2016. The maximum financial obligation under this agreement shall not exceed $97,220 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.19 Agreement with Kindred HealthCare, dba Medical Hill Rehab Center, LLC (Kindred Healthcare) - Kindred
Healthcare provides services targeted at improving the adaptive functioning of chronic mentally
disordered patients to enable some patients to move into a less restrictive environment and prevent
other patients from regressing to a lower level of functioning. Approval is requested for an agreement
with Kindred Healthcare, which will provide skill training, money management, and training on
accessing community services,transitional programs,work activity, and vocational counseling. The term
of this agreement will be July 1, 2015 through June 30, 2016. The maximum financial obligation under
this agreement shall not exceed $60,390 - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral
Health)
3.20 Resolution Authorizing Chair to Sign Agreement between Department of Health Care Services and Butte
County Behavioral Health - The California Department of Health and Human Services (DHCS)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
administers the Mental Health Services Act (MHSA) Projects for Assistance in Transition from
Homelessness (PATH) and Community Mental Health Services Grant (MHBG) programs and oversees
the county provision of mental health services provided with realignment funds. DHCS requires Butte
County Department of Behavioral Health to enter into an agreement, which describes terms and
conditions that are required order to remain in compliance with the regulations of providing specialty
mental health services and receive this funding. Approval is requested for an agreement with DHCS.The
term of this agreement will be July 1, 2015 through June 30, 2016 - action requested - 1) APPROVE
AGREEMENT 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)
3.21 Agreement with Chico Healthcare & Wellness Centre, LP, dba Riverside Point Healthcare & Wellness
Centre - Approval is requested to renew the agreement with Chico Healthcare & Wellness Centre, LP,
dba Riverside Point Healthcare&Wellness Centre for the provision of daily meals for inpatients at Butte
County's Psychiatric Health Facility. The term of the agreement is July 1, 2015 through June 30, 2016.
The maximum financial obligation under this agreement shall not exceed $59,991 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND AUDITOR-CONTROLLER. (Behavioral Health)
3.22 Table A Water Allocation Budget Adjustment—
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA.
IT WAS NOT ADOPTED AS PART OF THE CONSENT AGENDA. (REFER TO PAGE 13 & 14 OF THIS
DOCUMENT.)
3.23 Indigent Defense Contracts -The County is required by state and federal law to provide an attorney for
persons charged with a crime, or in other special circumstances, if they cannot afford an attorney. Butte
County contracts this service with a consortium of local attorneys who provide full service public
defender work.The consortium has been an effective component of the criminal justice system, and has
the support of the Superior Court Bench, District Attorney, Chief Probation Officer, and Sheriff. The
consortium has also been a cost-effective model for the County, providing a high level of service for
substantially less than similar counties pay. The Consortium Contracts expired April, 2015. Staff and the
consortium have crafted a three-year extension with a 2% increase in the first year, which brings the
annual cost for a full time attorney, a paralegal, an office with public access, and all necessary insurance
to $141,090.36.The total contract costs for the first year is $2,454,972.The rate for years two and three
will be increased in an amount equal to the salary increase approved by the Board of Supervisors for the
Deputy District Attorney classification, if any. There are 15 full-time and 5 part-time attorneys in the
consortium. Between these attorneys they cover all the criminal courts, juvenile dependency courts,
truancy court, juvenile drug court, FOREST II program, mental health and probate conservatorship
proceedings, child support orders, DUI court, HIDE cases, domestic violence diversion and probation
cases, Prop 36, drug court, and pre-trial and post-trial extraordinary writs -action requested -APPROVE
AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER. (County Administration)
3.24 Budget Adjustment - Community Development Block Grant Program Income - As of July 1, 2014, the
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
State Department of Housing and Community Development (HCD) implemented changes to the
Program Income (PI) policy in the State Community Development Block Grant (CDBG) Program. The
policy change requires PI to be used first to fund open grant activities when funds are available. In order
to comply with the policy change, the Department is requesting a budget adjustment to increase
appropriations in the PI Fund by $55,000, offset by the use of fund balance, to reimburse the CDBG
Fund for a portion of costs to the open grant. The transfer will result in an increase to the fund balance
in the CDBG Fund by $55,000. The PI fund is also used to track loan receivables for the housing
rehabilitation loan program. The Disaster Recovery Initiative (DRI) housing loans, which were funded
through a CDBG grant, are forgivable to the homeowner over a seven year period. Each year the loans
receivable is reduced by one seventh of the original loan amount if the owner meets all of the terms of
the loan. The Department made a change to the accounting practice for these loans based on
recommendations from an outside auditor. The loan reductions are now carried in the PI fund. A
budget adjustment is requested to increase appropriations in the PI Fund by $65,000 to reflect the
reductions to the DRI housing rehabilitation loans receivable, offset by use of fund balance - action
requested -APPROVE BUDGET ADJUSTMENT(4/5 vote required). (County Administration)
3.25 Agreement for Audit Services - Gallina, LLP - Approval is requested for an agreement for annual audit
services between the County of Butte and the accounting firm Gallina, LLP. The agreement provides for
three years of audit services for fiscal years ending June 30, 2015, June 30, 2016 and June 30, 2017.The
maximum amount payable is $262,510. The scope of services for the agreement includes examination
of all County funds governed by the County Board of Supervisors. The contractor shall provide the
County an opinion on the County's Comprehensive Annual Financial report and perform financial and
compliance audits to meet Single Audit Act requirements. In addition, the contractor will conduct
audits of the Treasury, the Neal Road Landfill Enterprise Funds, the Department of Insurance Worker's
Compensation Insurance Program, and Cal-EMA and Department of Correction and Rehabilitation
grants. The County requested proposals for audit services in January 2015. Two proposals were
received, and the County Audit Committee recommends Gallina - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER. (County Administration)
3.26 Approval of Minutes-action requested -APPROVE MINUTES OF MAY 5, 2015. (County Administration)
3.27 Resolution Amending the Joint Powers Agreement with the Butte County Association of Governments
BCAG - Butte County is a member of the joint powers public entity known as BCAG. The term of the
current Joint Powers Agreement with BCAG is 10 years, effective through July 25, 2015. BCAG is
requesting a two-year extension of the term of the JPA through July 25, 2017. BCAG is the State
designated Regional Transportation Planning Agency (RTPA) and the federal designated Metropolitan
Planning Organization (MPO) for Butte County. Under these designations, BCAG is responsible for the
planning and programming of all federal and State transportation funds within the region in
cooperation with BCAG's member agencies. As a regional planning agency, BCAG has also assumed
other local/regional planning responsibilities that directly support and benefit the Cities, Town, and
County. One of the many regional planning projects that BCAG is responsible for is the development of
the Butte Regional Conservation Plan (BRCP). BCAG anticipates approval of the BRCP by local entities,
State, and federal agencies by July 2016. Therefore, BCAG believes that extending the BCAG Joint
Powers Agreement to July 2017 will provide sufficient time for the BRCP approval, as well as adequate
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
time to work out responsibilities for implementation. Prior to July 25, 2017, staff will return to the
Board of Supervisors for consideration of a new, long-term agreement for regional planning agency
services - action requested - APPROVE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County
Administration)
3.28 Supplemental Law Enforcement Services Fund Budget Adjustment - Prior to 2011 Realignment, the
County received Supplemental Law Enforcement Services funds as a separate funding stream. When
2011 Realignment was implemented, the intention was to expend the old funding first and then begin
spending down the 2011 Realignment. That was not the case, and the old funding has been in the
Supplemental Law Enforcement Services Fund for the past few years. The Board of Supervisors is
requested to approve a budget adjustment transferring $378,224.39 in old funding to the Sheriff's
Office, the District Attorney's Office and the Probation Department for allowable expenses. The net
result of this transfer is that more 2011 Realignment funding will be available for authorized functions in
the Sheriff's Office and the Probation Department for future use. Once the funding has been
transferred, the Supplemental Law Enforcement Services Fund will be closed - action requested -
APPROVE BUDGET ADJUSTMENT(4/5 vote required). (County Administration)
3.29 Resolution Authorizing Execution of Revenue Agreement with Victim Compensation and Government
Claims Board - The State of California Victim Compensation and Government Claims Board (VCGCB)
provides funding to support victim services including, but not limited to, data entry, verification and
adjudication of claims for the unreimbursed financial losses for victims of crime. The VCGCB has
allocated $466,320 for the period of July 1, 2015, through June 30, 2018 (to be paid to the County:
$155,440 for FY 2015-16; $155,440 for FY 2016-17; and $155,440 for FY 2017-18). Pursuant to the
requirements of the agreement, Board approval is requested for a resolution which will approve the
agreement and authorize the District Attorney to execute the agreement and all other supporting
documentation - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE AGREEMENT AND AUTHORIZE THE DISTRICT ATTORNEY TO EXECUTE AGREEMENT AND
OTHER AGREEMENT DOCUMENTATION. (District Attorney)
3.30 Recommended FY 2014-15 Budget Adjustments - The Department of Employment and Social Services
(DESS) was recently notified by the State of California that additional CalWORKs Single Allocation
monies are available for FY 2014-15 to provide for local resources needed to comply with certain
mandated services. The DESS will receive additional Single Allocation monies to administer increased
caseload related activities in employment services. These funds will be used for contracted employment
resource services, as well as transportation, and ancillary services which allow participants to
successfully become and maintain self-sufficiency through a variety of activities related to job search
workshops, case management, training, and education services - action requested - APPROVE BUDGET
ADJUSTMENT(4/5 vote required). (Employment and Social Services)
3.31 Resolution Establishing Limited Benefits for Extra Help Appointments - There is currently no authority
for the County to pay Extra Help staff standby pay in compensation for standby shift coverage, which is
becoming necessary, especially in Code Enforcement functions. Staff recommends the Board of
Supervisors adopt a resolution that will authorize County departments to provide standby pay to Extra
Help staff when they perform standby duties, as needed - action requested -ADOPT RESOLUTION AND
AUTHORIZE CHAIR TO SIGN (Human Resources)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
3.32 CalPERS Health Benefits Resolution, Extra Help Employees - CalPERS, under the Public Employees'
Medical and Hospital Care Act (PEMHCA), requires resolutions be on file to account for how an
organization enters into the CalPERS health benefits system. When the County originally entered into
the CalPERS health benefits system, it entered in separately for each of the various employee groups.
Only employees in classifications covered by an executed PEMHCA resolution can be offered health
benefits through CalPERS. All employees in extra help classifications are not currently covered by an
executed PEMHCA resolution. The Affordable Care Act requires that the County offer affordable,
qualified insurance to a significant percentage of employees defined as 'full-time' under that Act. The
County is currently unable to offer insurance, if needed, to certain extra help employees as some
classifications pertaining to those employees are not covered by an executed PEMHCA resolution.
Approval of this resolution will satisfy CalPERS requirements, and will also allow the County to offer
health insurance, if needed, to certain extra help employees defined as 'full time' by the Affordable
Care Act-action requested -ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN. (Human Resources)
3.33 Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following department:
Probation: The Probation Department is requesting to add one (1) position of Assistant Chief Probation
Officer to their allocations. This change is being made to better meet the current and future needs of
the department and 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 until a
departmental recruitment can be conducted and the vacated position be deleted at a future Board
meeting. Any increase in costs associated with this change will be funded within the department's
budget - action requested - ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human
Resources)
3.34 Agreement with NWN Corporation for Back-Up System, Budget Adjustment, and Capital Asset Purchase
- Information Systems provides file and server backup functions to departments in the County. The
current backup system is experiencing significant impacts due to the amount of data it is required to
support, including requiring close supervision, showing increased signs of instability, and filling up faster
than previously anticipated. There is no longer sufficient storage capacity in the system, which is
budgeted for replacement in the recommended budget for FY 2015-16. The Department does not
believe it is prudent or in the best interest of the County to wait for the next fiscal year, as the risk has
become too great to continue to operate in this precarious state. Information Systems requests the
approval of an agreement with NWN Corporation for a cloud-integrated backup system and the first
year of support services; capital asset purchase authority; and a budget adjustment increasing
appropriations in the Support Services Equipment Replacement Fund to purchase the new backup
system, at a not-to-exceed cost of $124,225.63, in the current fiscal year - action requested - 1)
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND AUDITOR-CONTROLLER; 2) APPROVE CAPITAL ASSET PURCHASE; AND 3) APPROVE BUDGET
ADJUSTMENT(4/5 VOTE REQUIRED). (Information Systems)
3.35 Budget Adjustment - The Library has received one-time, unanticipated monies from NorthNet Library
System (NLS). The monies shall be used for the purchase of ebook collections to support interlibrary
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
resource sharing and delivery and for the purchase of hardware and software to support
communication amongst NLS members. The department is requesting an adjustment in the budget
accepting and appropriating the $11,884 in unanticipated one-time revenues - action requested -
APPROVE BUDGET ADJUSTMENT(4/5 vote required).(Library)
3.36 Agreement with Communicable Disease Solutions, Inc. for FY 2015-16 - Approval is requested for an
agreement with Communicable Disease Solutions, Inc. for the oversight and management of the Butte
County Public Health Laboratory. Under Communicable Disease Solutions, Inc., Greg Costo, who
currently serves as laboratory director, will continue to serve in that capacity.The State requires certain
education and experience requirements to operate a public health lab, and Greg Costo meets those
requirements. The term of the proposed agreement is July 1, 2015 through June 30, 2016 with a
maximum payable of $90,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR CONTROLLER. (Public Health)
3.37 Agreement with Decade Software Company, LLC for EnvisionConnect Software License, Support and
Maintenance -Currently, the Public Health Department uses EnvisionConnect Suite software by Decade
Software Company, LLC. The EnvisionConnect Suite is a billing and project tracking system that meets
the requirements of California environmental health agencies by staying in compliance with State
standards. This software has proven very useful for the department. Many updates have been
provided as regulations and requirements by the State have changed. This software was originally
purchased in 2009 and continued use of the software requires a service agreement. The current
agreement expires on May 30, 2015. Requested is an agreement with Decade Software Company, LLC
to continue use of the EnvisionConnect Suite.The agreement will continue providing licensed use of the
software, along with software support and maintenance. The term of the agreement is May 31, 2015
through May 30, 2018 for a maximum payable amount of $133,668 ($44,556 per year) - action
requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER. (Public Health)
3.38 Amendment to Grant Agreement with the State Department of Public Health for the Emergency
Preparedness Program - The Public Health Department currently has a grant agreement with the
California Department of Public Health (CDPH) to provide funding for Butte County's Public Health
Emergency Preparedness, Pandemic Influenza and Hospital Preparedness Programs in the amount of
$1,357,095 for the period of July 1, 2014 through June 30, 2017. Funds from this grant are utilized to
develop and implement specific activities related to emergency preparedness that are in accordance
with the requirements of the Centers for Disease Control and the Local Grant Application Guidance.
Examples of grant activities include health care system preparedness, volunteer management,
emergency operations coordination, information sharing, community preparedness, and program
management. CDPH is amending the current grant agreement to allow the department to utilize funds
from the previous contract period that were not expended. The term of the agreement remains July 1,
2014 through June 30, 2017 with a new maximum amount receivable of $1,406,406 ($501,676 for FY
2014-15, $452,365 for FY 2015-16, and $452,365 for FY 2016-17). This reflects an increase of $49,311
for FY 2014-15. This additional revenue was anticipated and therefore no additional appropriations are
required - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Health)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
3.39 Public Health Emergency Preparedness Supplemental Funding Agreement for Ebola Preparedness and
Response - Requested is approval of an agreement between the California Department of Public Health
and the County of Butte to provide funding to implement the Ebola Preparedness and Response Project.
The purpose of the funding is to support accelerated state and local public health preparedness
planning and operational readiness for responding to Ebola. The Public Health Department will develop
and implement specific activities based on the Centers for Disease Control requirements. Examples of
grant activities include community preparedness, public health surveillance and epidemiological
investigation, and responder safety and health. The term of the agreement is July 1, 2015 through
September 30, 2016 with a maximum amount receivable of $69,523 - action requested - 1) APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER; AND 2) APPROVE LETTER OF ACCEPTANCE AND AUTHORIZE THE CHAIR TO
SIGN. (Public Health)
3.40 Amendment to Grant Agreement with the State Department of Public Health - The Public Health
Department currently has a grant agreement with the California Department of Public Health (CDPH)to
participate in the HIV Care Program. The program provides health education and care and treatment
services to HIV-positive individuals to help prevent the early onset of AIDS related symptoms. The
department requests approval of an amendment to this agreement. The amendment clarifies that the
Catalog of Federal Domestic Assistance (CFDA) Number associated with this funding is 93.917. This
clarification is an administrative requirement for the implementation of the HIV Care Program to ensure
that all funded contractors/subcontractors are informed of the information. All other terms of the
agreement remain the same -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public
Health)
3.41 Approval of Contract Amendment with Gallaway Enterprises and NorthStar Engineering for
Environmental Services - The Public Works Department currently contracts with Gallaway Enterprises
and NorthStar Engineering for environmental services on several projects that are expected to extend
beyond the three-year contract term of their respective contracts.The department will seek Request for
Qualifications in the coming months for future environmental services but wish to maintain consistency
of the current consultant teams for the existing projects. Approval is requested for a one year extension
of existing agreement for each firm. The amendment also increases each agreement by $50,000 for a
maximum payable amount of $150,000 - action requested - APPROVE AGREEMENT AMENDMENTS (2)
AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN. (Public Works)
3.42 JAG Grant Application-Resolution - The Sheriff's Office applied for and was awarded a federal grant to
further enhance the Alternative Custody Supervision (ACS) program. The Sheriff's Office, in
collaboration with Chico Unified School District (CUSD), designed a program to allow selected youths
age 16-24 to participate in the Youth Build Program. The Youth Build Program teaches the selected
youth the construction trade and assures a high school diploma or GED.The funding is granted annually,
based on performance in years two and three.The Sheriff's Office was granted $714,960 for the first ten
months of the program. The Sheriff's Office will retain a budget of $228,464 and pass the remaining
$486,496 to CUSD for use in the Youth Build Program. Sheriff funding is intended for two deputy sheriff
positions to manage the participants in the Youth Build Program assigned to ACS. Due to the short time
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
frame from the grant application to notice of award to acceptance, the Chief Administrative Officer
signed the grant acceptance notice. The Sheriff is requesting ratification of Chief Administrative Officer
(CAO) Hahn's signature on the JAG grant acceptance form - action requested - 1) RATIFY CAO'S
SIGNATURE ON THE GRANT AGREEMENT; 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN;
AND 3)APPROVE THE BUDGET ADJUSTMENT(4/5 vote required). (Sheriff)
3.43 Department of Water Resources Groundwater Sustainability Program Strategic Plan - The Sustainable
Groundwater Management Act (SGMA)went into effect on January 1, 2015.The SGMA includes specific
responsibilities of the Department of Water Resources (DWR). The success of local agencies will rely in
part on DWR successfully carrying out its mandates. On March 13, 2015, DWR released a draft Strategic
Plan for the Groundwater Sustainability Program. Comments on the draft strategic plan are due June 1,
2015. Overall, the draft Strategic Plan provides a clear and transparent description of DWR's activities
regarding SGMA implementation. However, the strategic plan has some areas that are incorrect or
require clarification. These areas include the description of the powers of counties to manage
groundwater, the availability of resources for local implementation, DWR's approach to interregional
assistance and improved display of information. On May 6, 2015 the Butte County Water Commission
passed a motion recommending that the Butte County Board of Supervisors send a letter to DWR on
their draft Groundwater Sustainability Plan Strategic Plan - action requested - APPROVE THE LETTER
AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation)
3.44 Resolution Rescinding Resolution No. 15-034 - Application to LAFCo for Dissolution of County Service
Area 120, Oak Way Park - On March 24, 2015, the Board of Supervisors adopted Resolution No. 15-034
directing the Public Works Department to submit an application to the Butte Local Agency Formation
Commission (LAFCo) to begin proceedings to dissolve County Service Area (CSA) 120 for Oak Way Park.
The Public Works Department submitted an application to LAFCo on April 10, 2015. LAFCo responded to
the application on May 7, 2015 by sending a letter indicating the application was incomplete because
additional information was required. Residents of the area indicated a desire to submit additional
information on the matter to the Butte County Board of Supervisors. The action requested rescinds the
prior resolution. Staff will provide an update to the Board of Supervisors on this matter on a future
agenda - action requested - ADOPT RESOLUTION RESCINDING RESOLUTION NO. 15-034 AND
AUTHORIZE THE CHAIR TO SIGN. (County Counsel)
This item (Item 3.44) was included on the Supplemental Agenda released on Friday, May 15, 2015.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.22 WHICH WAS
REMOVED FOR DISCUSSION ON THE REGULAR AGENDA AND WITH THE AMENDMENT TO THE LETTER
FOR ITEM 3.43 AS READ INTO RECORD. (MOTION: KIRK; SECOND: CONNELLY)
Clerk's note: SUPERVISOR TEETER RECUSED HIMSELF FROM THE VOTE ON ITEM 3.13 AS HIS WIFE
WORKS FOR YOUTH FOR CHANGE.
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
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 KIRK REPORTED THAT SHE ATTENDED THE WATER CONSERVATION EVENT HELD IN CHICO
AT HOME DEPOT ON SATURDAY, MAY 2.
SUPERVISOR LAMBERT REPORTED THE SILVER DOLLAR FAIR OPENS THIS WEEK.
4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT. HE REPORTED THAT THE
GOVERNOR HAS RELEASED THE MAY REVISE TO THE STATE BUDGET AND STATE REVENUES CONTINUE
TO INCREASE. MR. HAHN REPORTED THERE IS A 6.7 BILLION INCREASE IN REVENUES FROM THE
GOVE RNO R'S JAN UARY 2015 BUDGET.
HE REPORTED THE GOVERNOR'S BUDGET INCLUDES MANDATE RELIEF FOR PRE-2004 MANDATES AND
REPORTED THAT THE DEPARTMENTS OF BEHAVIORAL HEALTH AND PUBLIC HEALTH WILL BE RECEIVING
ONETIME GENERAL FUND DOLLARS ASA RESULT. MR. HAHN ALSO REPORTED THAT THE BUDGET ALSO
INCLUDES 3.1 MILLION FOR THE RE-OPENING OF THE CALIFORNIA CONSERVATION CORPS CAMP IN
MAGALIA.
MR. HAHN INTRODUCED SHARON STONE, THE DIRECTOR OF BUTTE COUNTY'S CHILD SUPPORT
SERVICES (CSS). MS. STONE REPORTED THAT BUTTE COUNTY CSS HAS RECEIVED AN AWARD FROM THE
CHILD SUPPORT DIRECTORS' ASSOCIATION FOR POSITIVE COLLABORATION FOR PROVIDING ASSISTANCE
TO NAPA COUNTY CHILD SUPPORT AFTER THE 2014 EARTHQUAKE. BUTTE COUNTY STAFF PICKED UP
TASK MANAGEMENT SERVICES FOR SEVERAL WEEKS AFTER THAT EVENT. MS. STONE ALSO REPORTED
THE DEPARTMENT WAS RECOGNIZED BY THE STATE OF CALIFORNIA FOR INNOVATION IN WORKING
TOGETHER WITH OTHER LOCAL COUNTIES EXPERIENCING FINANCIAL DIFFICULTIES BY PROVIDING
ATTORNEY SERVICES. SHE REPORTED THAT THE DEPARTMENT IS CURRENTLY PROVIDING CALL CENTER
SERVICES TO 7 OTHER COUNTIES AND EFFECTIVE JULY 1, 2015, THEY WILL BE PROVIDING THE SAME
SERVICE FOR 2 ADDITIONAL COUNTIES.
4.03 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
3.22 Table A Water Allocation Budget Adjustment - Butte County has a State Water Project (SWP) water
allocation of 27,500 acre feet of water per year, referred to as the Table A allocation. The County is
charged annually by the State for the Table A allocation and receives revenue from water contractors
through long term lease agreements to offset those payments. The current year budget of
$1,398,000 is short by $175,000. An increase in appropriations of $175,000 is needed to make the
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
final payments to the State in FY 2014-15. This increase is more than offset by lease revenues - action
requested -APPROVE BUDGET ADJUSTMENT(4/5 vote required). (County Administration)
SUPERVISOR LAMBERT REQUESTED THIS BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION.
MEEGAN JESSEE, DEPUTY ADMINISTRATIVE OFFICER, ANSWERED QUESTIONS ON THIS ITEM.
MOTION: I MOVE TO APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (MOTION: LAMBERT; SECOND:
WAH L)
VOTE: Motion APPROVED 5 -0
4.04 Third Quarter Financial Report -The third quarter ended March 31, 2015. The quarterly financial report
provides an update on the national, state and local economy; summarizes the quarterly analysis of
expenditures and revenues; provides an update on cash balances; and reports on current long-term
debt obligations-action requested -ACCEPT FOR INFORMATION. (County Administration)
MEEGAN JESSEE, DEPUTY ADMINISTRATIVE OFFICER, PROVIDED A REPORT. THIS ITEM WAS FOR
INFORMATION ONLY.THERE WAS NO BOARD ACTION.
4.05 Implementation of Government and Accounting Standards Board 68- Reporting for Public Pension Plans
-The Government Accounting Standards Board (GASB) establishes accounting and financial reporting
standards for state and local governments.The rules established by the GASB are issued in a series of
documents it calls "statements". In order for Butte County to receive the required audit opinion,we
must comply with the GASB statements.The GASB recently issued GASB#68,which made substantial
changes to the accounting and reporting for Public Pension Plans. It replaced GASB#27,which has been
the reporting standard since 1997.The new standards will require Butte County to record a material
Pension Liability on our government wide financial statements.The Auditor-Controller's Office and the
County Administration Department are working closely on an implementation plan -action requested -
ACCEPT FOR INFORMATION. (Auditor-Controller)
KATHRYN MATHES, GOVERNMENTAL ACCOUNTING MANAGER, PROVIDED A REPORT. THIS ITEM WAS
FOR INFORMATION ONLY.THERE WAS NO BOARD ACTION.
4.06 Drought Task Force Report - In 2004, Butte County adopted the Drought Preparedness and Mitigation
Plan (Resolution 04-200). A key element of the Plan was the creation of the Drought Task Force (DTF).
The charge of the Drought Task Force is to monitor hydrologic conditions throughout the water year
and report the findings to the Water Commission and the Board of Supervisors biannually, quarterly, or
monthly as needed. On January 17, 2014, Governor Brown declared a statewide drought emergency
and issued an executive order. On January 31, 2014 Butte County activated the Drought Emergency
Operation Center. The Drought Action Plan is currently in a Level 1 response and has two week
operational periods. The DTF met on April 15, 2015 to discuss fall groundwater level measurements,
hydrologic conditions, drought impacts and state drought restrictions. The State Water Resources
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
Control Board readopted the 2014 emergency regulations and imposed additional restrictions based on
the Governors' Executive Order. The State is mandating a 25% reduction in residential water use that
will be implemented by individual urban suppliers. The reduction targets do not apply to areas outside
of urban water supply areas except for institutions (e.g., jails, hospitals, cemeteries, golf courses).
Locally, surface water deliveries to Feather River Settlement Contractors have been cut back by 50%
and water has been curtailed to other water right holders.The report of DTF was presented to the Butte
County Water Commission on May 6, 2015. The DTF and Water Commission recommend that County
incorporate into its educational programs the principles of reducing water demand especially on
outdoor irrigation. The recommendation is consistent with previous direction provided by the Board.
The Drought Task Force will meet on June 17, 2015 - action requested - ACCEPT FOR INFORMATION.
(Water and Resource Conservation)
PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION, AND DR. CHRISTINA BUCK,
WATER RESOURCE SCIENTIST, PROVIDED A REPORT. THE FOLLOWING MEMBERS OF THE PUBLIC
ADDRESSED THE BOARD: KRIS NIKOLAUSON AND GEORGE MENAS.
THIS ITEM WAS FOR INFORMATION ONLY.THERE WAS NO BOARD ACTION.
PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:30 a.m. - Public Hearing - Final Report for the Community Development Block Grant Planning Activity,
Local Hazard Mitigation Plan - Butte County was awarded grant funds through the Community
Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) Allocation to repair roads and
homes that were damaged during the 2008 wildfires, as well as complete the Local Hazard Mitigation
Plan (LHMP). The County contracted with AMEC Environment & Infrastructure, Inc. to prepare the
LHMP. The purpose of hazard mitigation is to reduce or eliminate long-term risk to people and property
from hazards. The LHMP was prepared pursuant to the requirements of the Disaster Mitigation Act of
2000 so that the County will be eligible for the Federal Emergency Management Agency's (FEMA) Pre-
Disaster Mitigation and Hazard Mitigation Grant programs. The County followed a planning process
prescribed by FEMA, which began with the formation of a hazard mitigation planning committee
(HMPC) comprised of key County representatives and other regional stakeholders. The HMPC
conducted a risk assessment that identified and profiled hazards that pose a risk to the County,
assessed the County's vulnerability to these hazards, and examined the capabilities in place to mitigate
them. Based on the risk assessment, the HMPC identified goals and objectives for reducing the County's
vulnerability to hazards. The LHMP was approved by the Board on July 29, 2014 in preparation for
submission to FEMA. The LHMP was subsequently approved by FEMA on November 4, 2014. Planning
activities funded through CDBG require a public hearing held before the Board of Supervisors to notify
the public about the accomplishment and to hear public comment. The LHMP can be viewed online at
www.buttecounty.net/oem/MitigationPlans - action requested - ACCEPT FOR INFORMATION. (County
Administration)
CASEY HATCHER, PRINCIPAL MANAGEMENT ANALYST, PROVIDED A REPORT. THIS ITEM WAS FOR
INFORMATION ONLY.THERE WAS NO BOARD ACTION.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
5.02 9:45 a.m. - Public Hearing - Mitigation and Monitoring Reporting Program for Use Permit UP10-0003
(Helena Chemical) - On February 26, 2013, the Board of Supervisors approved Helena Chemical
Company's request for a Conditional Use Permit (UP10-0003), subject to conditions, including Condition
of Approval No. 8 requiring the Director of Development Services to schedule a public hearing before
the Board of Supervisors to review compliance with conditions of approval and any traffic issues on the
Midway and Nelson Road. Helena Chemical Company has submitted a Mitigation Monitoring and
Reporting Program (MMRP), providing a status update on the project's compliance with conditions of
approval and mitigation measures required of the project at time of approval. No traffic accidents near
the intersection of Nelson Ave and Midway have been reported to the California Highway Patrol or
Butte County Department of Public Works to date following construction of Helena's bulk fertilizer
building - action requested - STAFF RECOMMENDS THAT THE THAT THE BOARD OF SUPERVISORS
ACCEPT THE MITIGATION AND MONITORING REPORT FOR HELENA CHEMICAL'S NELSON, CA USE
PERMIT UP10-0003. (Development Services)
STACEY JOLLIFFE, PRINCIPAL PLANNER, PROVIDED A REPORT TO THE BOARD. GARRETT WITH HELENA
ANSWERED QUESTIONS FROM SUPERVISOR LAMBERT.
MOTION: I MOVE TO ACCEPT THE MITIGATION AND MONITORING REPORT FOR HELENA CHEMICAL'S NELSON, CA
USE PERMIT UP10-0003. (MOTION: LAMBERT; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
5.03 10:30 a.m. - Timed Item - Loch Lomond Glen Foundation - Request for Waiver of County Use Permit,
Building and Impact Fees - Loch Lomond Glen Foundation, a non-profit 501(c)(3) organization, has
requested that the Board of Supervisors waive all County fees associated with a park. The Foundation
has filed applications for associated building permits and will be filing an application for a Conditional
Use Permit for the existing park and proposed expansion. The park site is located at 14988 Nimshew
Road, Magalia (APN 065-500-030). Butte County Code Section 1-18 allows the Board of Supervisors to
waive fees under certain circumstances: "The Board of Supervisors may waive all or part of any fee set
forth in the Butte County Code that they have the legal authority to waive, if the applicant is a public
entity or nonprofit charitable organization or if the Board of Supervisors finds that it is otherwise in the
public interest to do so." Requested County fees to be waived are for building permits and a Conditional
Use Permit of $9,906.74 (of which they have paid $2,699.40 in building permit fees). Pursuant to
Government Code Section 66001, the waiver of any development impact fees requires a corresponding
transfer to the development impact fee fund. If the Board chooses to waive the development impact
fees, a budget adjustment from the General Fund Appropriation for Contingencies is required. The
amount of County impact fees requested to be waived would be $3,743.42. Staff recommends the Board
of Supervisors find in the public interest to waive the fees for the Conditional Use Permit ($3,990.44), but
deny the request to waive the building permit and County impact fees. Staff also recommends that the
fee waiver for the Conditional Use Permit not be applicable until after the building permit and impact
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
fees are paid. This is due to the fact that the buildings and decks were installed without permits - action
requested - FIND THAT IT IS IN THE PUBLIC INTEREST AND WAIVE CONDITIONAL USE PERMIT (CUP) FEES,
BUT DENY THE WAIVER OF BUILDING PERMIT AND IMPACT FEES. THE CUP FEE WAIVER WOULD BE VALID
UPON PAYMENT AND COMPLIANCE OF BUILDING CODE REQUIREMENTS AND IMPACT FEES.
ALTERNATIVE ACTIONS:
1. DENY THE REQUESTED WAIVER OF FEES; -OR-
2. FIND THAT IT IS IN THE PUBLIC INTEREST AND WAIVE CONDITIONAL USE AND BUILDING PERMIT FEES,
BUT DENY THE WAIVER OF IMPACT FEES; -OR-
3. FIND THAT IT IS IN THE PUBLIC INTEREST AND WAIVE CONDITIONAL USE PERMIT, BUILDING PERMIT
AND IMPACT FEES AND APPROVE A BUDGET ADJUSTMENT USING GENERAL FUND APPROPRIATION FOR
CONTINGENCIES TO OFFSET THE IMPACT FEE WAIVER(4/5 vote required). (Development Services)
MARK MICHELENA, SENIOR PLANNER WITH DEVELOPMENT SERVICES, PROVIDED A REPORT.
KRIS NIKOLAUSON,THE PROPERTY OWNER, ADDRESSED THE BOARD.
MOTION: I MOVE TO FIND THAT IT IS IN THE PUBLIC INTEREST AND WAIVE CONDITIONAL USE PERMIT (CUP) FEES
AND THE LIGHT POLE FEES, BUT DENY THE WAIVER OF THE REMAINING BUILDING PERMIT AND IMPACT
FEES. THE CUP FEE WAIVER AND THE LIGHT POLE FEE WAIVER WOULD BE VALID UPON PAYMENT AND
COMPLIANCE OF BUILDING CODE REQUIREMENTS AND IMPACT FEES. (MOTION: TEETER; SECOND:
CONNELLY)
VOTE: Motion APPROVED 5 -0
5.04 11:00 a.m. - Public Hearing Regarding Non-responsibility of Low Bidder and Award of Contract to Second
Lowest Bidder-The Public Works Department recently opened bids on the Module 5 Phase A Excavation
County Project No. 757-7515-01 (the "Current Project") at the Neal Road Recycling & Waste Facility (the
"Facility"). The low bidder was Nichelini General Engineering Contractors, Inc. ("Nichelini"). Nichelini
recently completed work on the Modules 1 and 3 Temporary Cover Project (the "Temporary Cover
Project") at the Facility. The Department believes that Nichelini is not a responsible bidder, based on
Nichelini's poor performance during the Temporary Cover Project. As a result, the department
recommends the Board: 1) hold a hearing to determine Nichelini's non-responsibility; 2) consider the
evidence presented by the department and Nichelini regarding whether Nichelini is a responsible bidder;
3) determine that Nichelini is not responsible and adopt the resolution to make the required finding; and
4) award the contract for the Current Project to the lowest responsive and responsible bidder, Wood
Brothers, Inc. A memorandum more fully explaining the basis for this recommendation is included in the
staff report - action requested - 1) CONDUCT HEARING REGARDING NON-RESPONSIBILITY OF NICHELINI
GENERAL ENGINEERING CONTRACTORS, INC.; 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN; AND 3) AWARD THE CONTRACT FOR THE MODULE 5 PHASE A EXCAVATION COUNTY PROJECT NO.
757-7515-01 TO WOOD BROTHERS, INC., THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER. (Public
Works/County Counsel)
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS, INTRODUCED THIS ITEM. KATHLEEN GREESON, DEPUTY
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
COUNTY COUNSEL, PROVIDED A REPORT. THE FOLLOWING PUBLIC WORKS STAFF MEMBERS ANSWERED
QUESTIONS FROM MS. GREESON: SCOTT HIGHTOWER, ENGINEERING PROJECT COORDINATOR; ERIC
DUGGER, SOLID WASTE ENGINEER; AND SHAWN O'BRIEN, ASSISTANT DIRECTOR OF PUBLIC WORKS.
MICHAEL MURPHY, ATTORNEY FOR NICHELINI, PROVIDED A REPORT TO THE BOARD. MR. MURPHY
INTRODUCED AND ASKED QUESTIONS OF NICK ZWETSLOOT, PROJECT MANAGER WITH NICHELINI, AND
JOSEPH CHARLES NICHELINI,THE COMPANY'S PRESIDENT AND OWNER.
MOTION: I MOVE TO ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND AWARD THE CONTRACT
FOR THE MODULE 5 PHASE A EXCAVATION COUNTY PROJECT NO. 757-7515-01 TO WOOD BROTHERS,
INC.,THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER. (MOTION: CONNELLY; SECOND: KIRK)
VOTE: Motion carried 3 -2
YEA: Supervisor Lambert, Supervisor Kirk, Supervisor Connelly
NAY: Supervisor Wahl, Supervisor Teeter
5.05 1:00 p.m. - Rio d'Oro Specific Plan (SP08-0001), General Plan Amendment (GPA09-0001), Rezone (REZ15-
0002) and Final EIR - Receive the Planning Commission's April 23, 2015 recommendation to Certify the
Final Environmental Impact Report; make findings regarding significant and unavoidable impacts; adopt a
mitigation monitoring and reporting program; and approve the Rio d'Oro Specific Plan (SP08-0001), a
general plan map and text amendment (GPA09-0001) and rezone (REZ15-0002) a portion of the plan
area. The proposed Specific Plan encompasses approximately 689 acres, with 413 developed acres
(including developed parkland) and 276 acres to remain in environmental conservation and scenic open
space. Proposed land uses include residential, commercial, public facility, park and open space, and
environmental conservation. Up to 2,700 residential units are proposed at a variety of densities ranging
from low density single-family residences (from 3 units/acre) to high density multi-family development
(up to 30 units/acre).The site is currently designated "Specific Plan to be Developed" in the Butte County
General Plan 2030. The project site is located within unincorporated Butte County, south of the City of
Oroville and west of the unincorporated community of Palermo, on County Assessor Parcel numbers
025-240-009, -048, -054, -069, -075, 025-350-035, 025-360-001 and 025-370-010. The project area is
generally located between Palermo Road to the south and Ophir Road to the north and is bisected
north/south by State Route 70 (SR 70) and bounded on the west by Pacific Heights road. The proposed
Specific Plan is approximately 689 acres in size;the majority of the proposed Specific Plan is located west
of SR 70. Approximately 164 acres of the Specific Plan are located east of SR 70, just north of Palermo
Road - action requested - 1) ADOPT RESOLUTION APPROVING PROJECT AND CERTIFYING THE FINAL EIR;
AND 2) APPROVE ORDINANCE REZONING A PORTION OF APN 025-360-001 FROM AG-80 TO HIGH
DENSITY RESIDENTIAL AND VERY HIGH DENSITY RESIDENTIAL. (Development Services)
PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES, PROVIDED A REPORT. DON RUST,
THE CITY OF OROVILLE'S COMMUNITY DEVELOPMENT DIRECTOR, ADDRESSED THE BOARD.
MOTION: I MOVE TO ADOPT RESOLUTION APPROVING PROJECT AND CERTIFYING THE FINAL EIR; AND APPROVE
ORDINANCE REZONING A PORTION OF APN 025-360-001 FROM AG-80 TO HIGH DENSITY RESIDENTIAL
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 5/19/2015
AND VERY HIGH DENSITY RESIDENTIAL. (MOTION: CONNELLY; SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
PUBLIC COMMENT(each speaker limited to five minutes) 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.
PAMELA ALLEY ADDRESSED THE BOARD.
BOARD of SUPERVISORS CLOSED SESSION-ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
7.01 ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(1) -ONE 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 INITIATION OF LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(4) -THREE POTENTIAL CASES:
A. COUNTY OF BUTTE v. AUDRIE KLEINERT(APN 035-222-046);
B. COUNTY OF BUTTE v. RONALD AND PATRICIA STILLWELL(APN 035-222-040);AND
C. COUNTY OF BUTTE v. NANCE CANYON, L.P.
ANNOUNCEMENT OUT OF CLOSED SESSION - BRUCE ALPERT, COUNTY COUNSEL READ THE FOLLOWING
ANNOUNCEMENT INTO RECORD:
THE BOARD VOTED UNANIMOUSLY TO INSTITUTE EMINENT DOMAIN PROCEEDINGS ON THE KLEINERT
PROPERTY (APN 035-222-046) ON LINCOLN FOR PURPOSES OF A SMALL STRIP OF LAND FOR THE
SIDEWALK IMPROVEMENTS THAT WERE DISCUSSED PREVIOUSLY IN OPEN SESSION AT THE LAST BOARD
MEETING.
THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD
THE MEETING WAS ADJOURNED AND WILL RECONVENE AT A
SPECIAL MEETING OF THE BOARD TO BE HELD JUNE 2, 2015
DOUG TEETER, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
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