HomeMy WebLinkAboutM091515 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/15/2015
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 into record for item 3.25 (Sheriff's Office Purchase of
Capital Asset/2013 Bobcat). The correct dollar amount of the budget adjustment is$4,033, not$3,751.20.
Supervisor Kirk requested item 3.18 (Mental Health Network (MHN) Contract Amendment) and item 3.23 (Side
Letter Agreements to Franchise Agreement for Refuse, Recyclable Materials and Green Waste Collection
Services) be removed from the consent agenda for discussion on the regular agenda.
At the request of the Chief Administrative Officer, Butte County Fire Chief, Greg McFadden, provided an
update on the Lumpkin fire which started on Friday, September 25, 2015 near of Lumpkin Road,
Oroville.
CONSENT AGENDA
3.01 Adoption of Tax Rates for Fiscal Year (FY) 2015-16 - In accordance with Government Code Section
29100, state law requires the Board of Supervisors to adopt rates of taxes on the Secured Roll by
resolution, not later than October 3 of each year - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Auditor-Controller)
3.02 Budget Adjustment-On May 5, 2015,the Board of Supervisors was presented with the Financial System
Implementation Update. The department informed the Board that staff would be returning after FY
2014-15 cash closed, in order to move restricted cash from the old financial structure to the new
financial structure in the County's financial system. The proposed budget adjustments, totaling
approximately$52 million, allow for the cash movement to new funds, with no net effect to the County
that will provide for improved transparency and more efficient tracking of restricted revenues
administered by various County departments. Summary totals for each fund from which restricted cash
will be transferred are as follows: General Fund - $20,485,695; Social Services Fund - $4,036,483; Public
Health Fund - $1,175,433; Behavioral Health Fund - $894,019; Impact Fees Fund - $8,184,378; Debt
Service Fund - $9,207,621; Capital Project Fund - $3,331,077; Equipment Replacement Fund -
$3,449,790; and Support Services Equipment Replacement Fund - $1,187,035 - action requested -
APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Auditor-Controller)
3.03 County Service Area and Permanent Road Division Charges for FY 2015-16 - In accordance with
Government Code Section 25215.5, state law requires the Board of Supervisors to approve per parcel
charges and adopt a resolution confirming County Service Area and Permanent Road Division per parcel
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/15/2015
charges in the County of Butte for FY 2015-16. Per requests from the Board of Supervisors, per parcel
charges by District are provided for information - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Auditor-Controller)
3.04 Surplus Capital Assets and Relief of Accountability - The Auditor-Controller's Office requests the Board
of Supervisors approve the surplus/disposal list of capital assets for various departments. The assets are
no longer useful to the departments in any capacity and have been disposed of in one of the following
manners: 1) in the process of surplus; 2) sold/donated/disposed; 3) broken/destroyed;4) dismantled; or
5) with lapse of subscription/replaced by new software. The Human Resources Department and the
Information Systems Department had assets that were sent to surplus without documentation, and the
Fire Department lost two assets. Per an Internal Auditor's investigation in Human Resources and
Information Systems, and a District Attorney's investigation in Fire, there was no evidence showing the
incidents were results of fraud or gross negligence. The Board is requested to grant relief of
accountability to the Fire Department for the two lost assets - action requested - 1) APPROVE CAPITAL
ASSET ITEMS SURPLUS/DISPOSAL; 2) DIRECT THE ITEMS TO BE REMOVED FROM THE CAPITAL ASSET
INVENTORY LIST; AND 3) APPROVE RELIEF OF ACCOUNTABILITY FOR FIRE DEPARTMENT FOR TWO LOST
ITEMS. (Auditor-Controller)
3.05 Agreement with Odyssey Productions, Inc. (Odyssey) - Odyssey is an organization providing leadership
development and team-building services since 1991. These services include team events, keynote
speakers, and ropes course events to promote growth and cohesiveness in group settings. Approval is
requested for an agreement with Odyssey to provide keynote addresses and workshops at the Youth
Development Summit, in addition to six ropes course events. These services are in support of the
department's prevention program. The term of this agreement will be September 16, 2015 through
June 30, 2016. The maximum financial obligation under this agreement shall not exceed $25,344 -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.06 Special District - Appointment of Insufficient Nominee in Lieu of Election - Under provisions of the
Uniform District Election Law, California Elections Code Section 10500 et al., requires a General District
Election to be held on November 3, 2015,for the purpose of electing Directors to various special district
boards, whose terms of office expire on December 4, 2015. An election is held when the number of
qualified candidates exceed the number of positions that have terms expiring, or when a petition is filed
requesting that an election be held (no petition was filed). In a district where no one filed a declaration
of candidacy for an office, California Elections Code Section 10515 (b), provides the Board of Supervisors
appoint any qualified person, rather than requiring an election. The person appointed shall take office
at noon on December 4, 2015, and serve exactly as if elected. The County Clerk-Recorder/Registrar of
Voters submits the Certificate of Facts-Appointment of Insufficient Nominees for one position on the
Berry Creek Community Services District Board of Directors and requests the Board of Supervisors
appoint any qualified person to the office, no later than November 24, 2015. In the event the Board of
Supervisors fail to make said appointment by November 24, 2015, a vacancy will occur, and the District
shall fill that vacancy. The Clerk of the Board will issue the Certificate of Appointment and Oath of Office
document to the appointee - action requested - APPOINT ANY QUALIFIED PERSON TO THE OFFICE, AS
INDICATED ON THE CERTIFICATE OF FACTS-INSUFFICIENT NOMINEES, ON OR BEFORE NOVEMBER 24,
2015. (Clerk-Recorder)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/15/2015
3.07 Various Special Districts - Appointment of Nominees in Lieu of Election - Under provisions of the
Uniform District Election Law, California Elections Code Section 10500 et al., requires a General District
Election to be held on November 3, 2015,for the purpose of electing Directors to various special district
boards, whose terms of office expire on December 4, 2015. An election is held when the number of
qualified candidates exceed the number of positions that have terms expiring, or when a petition is filed
requesting that an election be held (no petition was filed). In the districts where candidates filed a
declaration for an office that did not exceed the number of positions to be filled, California Elections
Code Section 10515 (a), provides that the Board of Supervisors appoint the nominees who filed, rather
than requiring an election. Nominees who are appointed will take office at noon on December 4, 2015,
and serve exactly as if elected. The County Clerk-Recorder/Registrar of Voters submits the Certificate of
Facts-Appointment of Nominees included in the staff report and requests that the Board of Supervisors
appoint the nominees as listed in the staff report for the following: Berry Creek Community Services
District, Buzztail Community Services District, Richardson Springs Community Services District, and
Richvale Sanitary District. After the appointment is made,the County Clerk-Recorder/Registrar of Voters
will issue the Certificate of Appointment in Lieu of Election and Oath of Office document to each
appointee -action requested -APPOINT THE NOMINEES LISTED ON THE CERTIFICATE OF FACTS, TO THE
OFFICE OF DIRECTOR IN THE VARIOUS SPECIAL DISTRICTS. (Clerk-Recorder)
Clerk-Recorder/Registrar of Voters, Candace Grubbs, accepted the resolution. Tim Taylor,
Superintendent of Schools and members of the League of Women Voters also addressed the Board in
support of this program.
3.08 Resolution Recognizing September 14-25, 2015 as California High School Voter Education Weeks - The
California Education Code designates the last two full weeks in September as High School Voter
Education Weeks. This provides an opportunity for high schools and their students to partner with
county elections officials to promote civic education and participation on campus and foster an
environment that cultivates lifelong voters and active citizens. The Butte County Clerk-Recorder is
partnering with the Butte County League of Women Voters and the Butte County Superintendent of
Schools in this endeavor. The County Clerk-Recorder requests the Board of Supervisors adopt a
resolution proclaiming September 14-25, 2015 as California High School Voter Education Weeks -action
requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Clerk-Recorder)
3.09 Agreement with City of Biggs to Collect Jail Impact Fees -The County currently collects a development
impact fee for Jail Facilities upon new residential development within the unincorporated area of the
County in order to mitigate impacts on jail facilities resulting from residential development. The City of
Biggs agrees that the County may impose this fee on all new residential development projects within its
incorporated boundaries for up to ten years, but only after the four other municipalities in the County
enter into a similar agreement. On August 12, 2015, the City of Biggs approved the agreement to allow
the County to impose the development impact fee for Jail Facilities contained in Chapter 3, Article II of
the Butte County Code on all new residential development within the City.The City has agreed to collect
the revenue and forward it to the County on a quarterly basis to provide a partial funding source for
expanding the capacity of the Butte County Jail. The agreement shall remain in effect for ten years after
the agreement is signed. However, the City may terminate the agreement at any time with a 60 day
written notice to the County if the County increases the Jail Facilities Fee without the City's prior written
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/15/2015
consent - action requested - APPROVE AGREEMENT WITH THE CITY OF BIGGS AND AUTHORIZE THE
CHAIR TO SIGN. (County Administration)
3.10 Agreement with City of Gridley to Collect Jail Impact Fees -The County currently collects a development
impact fee for Jail Facilities upon new residential development within the unincorporated area of the
County in order to mitigate impacts on jail facilities resulting from residential development. The City of
Gridley agrees that the County may impose this fee on all new residential development projects within
its incorporated boundaries for up to ten years, but only after the four other municipalities in the
County enter into a similar agreement. On August 13, 2015, the City of Gridley approved the agreement
to allow the County to impose the development impact fee for Jail Facilities contained in Chapter 3,
Article II of the Butte County Code on all new residential development within the City. The City has
agreed to collect the revenue and forward it to the County on a quarterly basis to provide a partial
funding source for expanding the capacity of the Butte County Jail. The agreement shall remain in effect
for ten years after the agreement is signed. However,the City may terminate the agreement at any time
with a 60-day written notice to the County if the County increases the Jail Facilities Fee without the
City's prior written consent-action requested -APPROVE AGREEMENT WITH THE CITY OF GRIDLEY AND
AUTHORIZE THE CHAIR TO SIGN. (County Administration)
3.11 Adoption of an Ordinance Entitled Small Residential Rooftop Solar Energy Systems - The Development
Services Department introduced an ordinance adding Article VII, entitled "Small Residential Solar Energy
Systems", to Chapter 26, entitled "Buildings," of the Butte County Code as required by Assembly Bill
(AB) 2188. AB 2188 amended two of the several statutes that compose the Solar Rights Act- Civil Code
Section 714 and Government Code Section 65850.5. It applies to all cities, counties, or a city and county
that have jurisdiction over permitting. The most significant change to the act is a statutory mandate for
local jurisdictions to adopt an ordinance that creates streamlined, expedited permitting process for
small residential rooftop solar energy systems (10-kw or less) on or before September 30, 2015. The
proposed ordinance also contains the recommended language as outlined within California Solar
Permitting Guidebook referenced above. No additional restrictions are included in the proposed
ordinance.The Board waived the first reading of the ordinance at the August 25th, 2015 Board meeting,
amending Chapter 26 of the Butte County Code to implement the requirements of AB 2188. Staff has
determined the proposed Ordinance is exempt under from the California Environmental Quality Act
(CEQA) because the proposed ordinance does not have a significant effect on the environment - action
requested -ADOPT THE ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Development Services)
3.12 California Governor's Office of Emergency Services - Victim/Witness Assistance Agreement - The
California Governor's Office of Emergency Services (Cal OES) -Victim/Witness (VW) Assistance Program
awards funding to provide assistance and advocacy services to victims of crime.The Butte County Board
of Supervisors have previously entered into an agreement with Cal OES for the VW program. The
District Attorney desires to continue applying for and receiving grant awards. The term of this grant
award is from July 1, 2015 to June 30, 2016. Due to the compressed application time line, the District
Attorney was required to sign the grant agreement and is requesting board ratification of the District
Attorney's signature. Under the new guidelines, the District Attorney will be able to sign future grant
documents if written authorization by the governing body is on file. Board approval is requested for a
resolution which will ratify the District Attorney's signature for this year's application, and provide
signature authorization for the District Attorney for future fiscal year applications - action requested -
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/15/2015
APPROVE GRANT AGREEMENT AND RATIFY DISTRICT ATTORNEY- MICHAEL L. RAMSEY'S SIGNATURE ON
THE AGREEMENT; AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (District Attorney)
3.13 Chico Veterans Memorial Hall Committee Nominations -The Chico Veterans Memorial Hall Committee,
on behalf of the Veterans Organizations using the Chico Veterans Memorial Hall, submits the following
nominations for appointment to serve on the Chico Veterans Memorial Hall Committee for the term
ending June 30, 2016. American Legion, Chico Post 17: Joe Turner, Delegate and Jan Bratcher,
Alternate; American Veterans (AMVETS), Post 2813: Gene Clements, Delegate and Gary Imhoff,
Alternate; US Submarine Veterans Inc., Cuttlefish Base, USSVI: Gilbert"Gil" Houston, Delegate and Gary
Newquist, Alternate; Veterans of Foreign Wars (VFW), Post 1555: Michael Halldorson, Delegate and
Joseph Mace, Alternate; Veterans of Modern Warfare (VMW), Chapter 18: Dennis Payne, Delegate and
James Wolske, Alternate; Vietnam Veterans of America (VVA), Chapter 582: Scott Will, Delegate and
Benito Guitteriez,Alternate-action requested -APPOINT NOMINEES TO TERMS ENDING JUNE 30, 2016.
(General Services)
3.14 Gridley Veterans Memorial Hall Committee Nominations - The Gridley Veterans Memorial Hall
Committee, on behalf of the Veterans Organizations using the Gridley Veterans Memorial Hall, submits
the following nominations for appointment to serve on the Gridley Veterans Memorial Hall Committee
for the term ending June 30, 2016. American Legion, South Butte Post 210: Gordon Brietbarth,
Delegate; Veterans of Foreign Wars (VFW), Post 5731: Arnulfo Ruiz, Delegate; Citizen Veterans: Frank
Bartolomucci, Delegate, Danny "Dan" Cole, Delegate, George Hiralez, Delegate, Ed Kawasaki, Delegate,
Louis "Lou" Krasovic, Delegate, Owen Stiles, Delegate and William "Bill" White, Delegate - action
requested -APPOINT NOMINEES TO TERMS ENDING JUNE 30, 2016. (General Services)
3.15 Oroville Veterans Memorial Hall Committee Nominations - The Oroville Veterans Memorial Hall
Committee, on behalf of the Veterans Organizations using the Oroville Veterans Memorial Hall, submits
the following nominations for appointment to serve on the Oroville Veterans Memorial Hall Committee
for the term ending June 30, 2016. American Legion, Post 95: Ron Scharbor, Delegate and Wayne
Brock, Alternate; American Veterans (AMVETS), Post 1774: Morris "Mac" McFarland, Delegate and
James "Jim" Bruce, Alternate; Military Order of the Cootie (MOC), Red Feather Pup Tent No. 7: Robert
"Bob" Simpson, Delegate and Emanuel Johnson, Alternate; Veterans of Foreign Wars (VFW), Post 1747:
John Archibald, Delegate and Aaron Fultz, Alternate; Veterans of Foreign Wars (VFW), Post 9602: Roy
Boyette, Delegate and Brad Fridrich, Alternate; Citizen Veterans: Robert Morehouse, Delegate, Susan
Sharon, Delegate, Lorin "Vene" Thompson, Jr., Delegate, Alan Wixom, Delegate - action requested -
APPOINT NOMINEES TO TERMS ENDING JUNE 30, 2016. (General Services)
3.16 Paradise Veterans Memorial Hall Committee Nominations - The Paradise Veterans Memorial Hall
Committee, on behalf of the Veterans Organizations using the Paradise Veterans Memorial Hall, submits
the following nominations for appointment to serve on the Paradise Veterans Memorial Hall Committee
for the term ending June 30, 2016. California Veterans Square Dance Association: Robert "Bob"
McMullen, Delegate and Dave Curry, Alternate - action requested - APPOINT NOMINEES TO TERMS
ENDING JUNE 30, 2016. (General Services)
3.17 Lease Origination and Budget Adjustment for a Portion of 560 Cohasset Road with Enloe Medical Center
- The Butte County Department of Behavioral Health delivers the Chico Community Counseling Center
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/15/2015
programs from 500 Cohasset Road Suites 15 - 20, in Chico, under a lease in hold over status. This lease
of 9,000 square feet has a rate of approximately $1.40 per square foot with a monthly payment of
$12,610.47. The landlord of 500 Cohasset Road Suites 15 - 20 has decided not to renew the lease with
the Department and has served the County with a thirty-day notice to vacate the premises. With the
help of Enloe Medical Center, the Department wishes to relocate the Chico Community Counseling
Center programs to 560 Cohasset Road. The new location of approximately 8,000 square feet, has a
fixed monthly rate of $0.88 per square foot with a payment of $7,040 from October 1, 2015 through
September 30, 2025, and will then escalate to $1.025 per square foot for a total monthly lease payment
of$8,200 for the balance of the lease term scheduled to terminate September 30, 2035. The new lease,
with the ability to terminate due to lack of funding, will allow the Department to utilize State funding
sources available only under twenty year lease terms. Over the entire term of the lease, approximately
$1,197,600 in lease savings will be recognized. In addition, the 560 Cohasset gross lease is inclusive of
utilities for additional significant savings. This lease includes the option to extend for an additional 120
month period. Funding for this lease is included in the FY 2015-16 budget and requires no additional
appropriation. Minor tenant infill modifications will be necessary, and will require a budget adjustment
of$150,000 to properly budget funds for construction -action requested - 1) APPROVE THE LEASE AND
AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE BUDGET ADJUSTMENT(4/5 vote required). (General
Services)
3.18 Mental Health Network(MHN) Contract Amendment-
Supervisor Kirk requested this item be pulled from the consent agenda for discussion on the regular
agenda. Please refer to page 10 of this document. This item was not approved as part of the consent
agenda.
3.19 Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance as follows:
Behavioral Health: The Department of Behavioral Health is requesting to delete one (1) Behavioral
Health Counselor II/1 or Behavioral Health Worker and add one (1) Supervisor, Behavioral Health
Counselor. The Supervisor, Behavioral Health Counselor will be part of the Crisis Services' Connect
Team as an additional supervisor is needed within the unit. The total allocations in the department will
remain unchanged, and there will be no fiscal impact on the General Fund.
Public Health: The Department of Public Health is requesting to delete one (1) vacant Supervisor, Public
Health Nursing and add one (1) Program Manager, Community Services. After a review of the duties of
the position, the Program Manager, Community Services is the best classification to meet the needs of
the department. The total allocations in the department will remain unchanged, and there will be no
fiscal impact on the General Fund - action requested - ADOPT THE RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN. (Human Resources)
3.20 Resolution Proclaiming "Just Mercy" as the Book in Common for County of Butte in 2015-16 - Since
2000, California State University, Chico has sponsored a Book in Common program to engage its
students in reading, intellectual engagement, and community dialogue. For 2015-16, Butte County
Library and other community partners are collaborating with the University to expand the program
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/15/2015
throughout Butte County. The 2015-16 selection, "Just Mercy: a story of Justice and Redemption" by
Bryan Stevenson is a memoir of struggle against injustice by one activist lawyer - action requested -
ADOPTTHE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Library)
Sarah Vantrease,Assistant Director of Library, accepted the resolution.
3.21 Community Recidivism Reduction Grant - The California Board of State and Community Corrections
(BSCC), through the Budget Act of 2014, provided funds in the amount of $50,000 for the Board of
Supervisors (BOS), in collaboration with the Community Corrections Partnership (CCP) to develop a
competitive grant program intended to fund community recidivism and crime reduction services
(Approved September 9, 2014 by BOS). The California BSCC,through the Budget Act of 2015, is offering
additional funds in the amount of$25,000 for the BOS, in collaboration with the CCP to fund community
recidivism and crime reduction services. Individual awards of a maximum of $10,000 per provider are
allowed, up to the total County award of $50,000 (FY 2014-15) plus $25,000 (FY 2015-16). Up to 5
percent may be withheld for County administrative costs while administering the program. The period
of the grant program runs through June 30, 2018, with a final reporting date of July 1, 2018. Approval is
requested to authorize the CCP, through the Chief Probation Officer, to submit a letter of interest in
receiving the funding to BSCC, develop the competitive grant program or use the existing Request for
Proposal developed in 2014-15, sign all related documents, and administer the grant program - action
requested - AUTHORIZE THE CCP, THROUGH THE CHIEF PROBATION OFFICER, TO SUBMIT A LETTER OF
INTEREST IN RECEIVING THE FUNDING TO BSCC, DEVELOP THE COMPETITIVE GRANT PROGRAM OR USE
THE EXISTING REQUEST FOR PROPOSAL DEVELOPED IN 2014-2015, SIGN ALL RELATED DOCUMENTS,
AND ADMINISTER THE GRANT PROGRAM. (Probation)
3.22 Adoption of Ordinance Entitled Regulation of Smoking in Workplaces and Enclosed Public Places - Butte
County Code Chapter 15, Article V - Regulation of Smoking in Workplaces and Enclosed Public Places
was last updated in 1992 before the development and use of electronic smoking devices (also known as
e-Cigarettes). The Public Health Department proposed a code amendment at the Board's July 28, 2015
meeting that would include prohibition of the use of electronic smoking devices where tobacco use is
currently prohibited in the workplace and enclosed public places. After reviewing the proposed code
amendment and receiving comment from the public, the Board directed the department to make
additional modifications to the code amendment and return to the Board with an updated proposal for
further review. The requested additional modifications were presented to the Board on August 25,
2015. The Board approved the changes and waived the first reading of the ordinance -action requested
-ADOPT THE ORDINANCE AMENDING CHAPTER 15, ARTICLE V, ENTITLED "REGULATION OF SMOKING IN
WORKPLACES AND ENCLOSED PUBLIC PLACES" OF THE BUTTE COUNTY CODE AND AUTHORIZE THE
CHAIR TO SIGN. (Public Health)
3.23 Side Letter Agreements to Franchise Agreement for Refuse, Recyclable Materials and Green Waste
Collection Services—
Supervisor Kirk requested this item be pulled from the consent agenda for discussion on the regular
agenda. Please refer to page 11 of this document. This item was not approved as part of the consent
agenda.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/15/2015
3.24 Bess and Associates Contract for Justice Assistance Grant (JAG) Evaluation -On May 19, 2015,the Board
of Supervisors approved a resolution (item 3.42) to the Board of State Community Corrections (BSCC)
for acceptance of BSCC grant funding for a term of March 1, 2015 through December 31, 2017. The
BSCC federal grant is intended to further enhance the Alternative Custody Supervision (ACS) program. A
key component of the recidivism reduction grant is to provide the BSCC information via evaluations to
allow the BSCC to study various ACS programs throughout the state and determine what programs are
effective. BSCC requires 5-10% of the grant funds be expended for evaluation of the program
implemented in Butte. After a lengthy selection process, the grant team selected Gary Bess and
Associates to complete the Local Evaluation Plan (LEP) and complete the data collection for the term of
the grant. A total of 140 participants are projected for the three-year period, which includes
approximately two-months of pre-release assessment and planning that begins with an Individual
Development Plan (IDP), and eight months of post-release intensive services. A 60-day post-completion
follow-up is also included. Given the grant program is late to start, this contract term is 3.5 years
considering the possibility of BSCC funds remaining allowing an extension to the grant. The term of the
evaluation contract is September 15, 2015 through March 14, 2019, not to exceed $168,000 for the
contract term, $4,000 paid to Bess and Associates per month - action requested - APPROVE THE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Sheriff)
3.25 Purchase of Capital Asset - The Butte County Sheriff's Office Special Enforcement Unit (SEU) is tasked
with the enforcement of illegal marijuana grows. The Sheriff's Office is a participant in the Federal
Equitable Sharing Program which allows agencies to receive forfeited funds and/or equipment found
and utilized in illegal cultivation sites, for use in official operations, only after the U.S. Marshals Service
receives their 20%share of the seizure. The Sheriff's Office is requesting to utilize a piece of equipment
that was seized and forfeited. The equipment is further described as a 2013 Bobcat 5510 Skid Steer
Loader. The equipment will be used by Sheriff's personnel providing grounds maintenance at the
Sheriff's Canine site, the Sheriff's Road Crew program, the Sheriff's Shooting Range, and other auxiliary
sites when needed. The Sheriff's Office is obligated to pay the U.S. Marshals Service $3� $4,033
to finalize the transfer of the equipment. The Bobcat has an estimated value of $18,756 - action
requested - AUTHORIZE BUDGET ADJUSTMENT (4/5 vote required); AND APPROVE CAPITAL ASSET
PURCHASE AND ACQUISITION. (Sheriff)
3.26 Contract - Brown and Caldwell - On January 8, 2013, the Board of Supervisors authorized the
Department of Water and Resource Conservation to conduct the Water Resource Management and
Protection Project. The Project was comprised of four interrelated components: the Water Resource
Inventory and Analysis Report; Water Resources Analyses (i.e. groundwater modeling); Groundwater
Recharge Investigation; and Local Water Supply Management Options. This Stable Isotope Recharge
Investigation is part of the Water Resource Management and Protection Project that focuses on
conducting tasks associated with the Groundwater Recharge Investigation. The Stable Isotope Recharge
Investigation builds upon the research and recommendations of the Lower Tuscan Aquifer (LTA)
Investigation. The Stable Isotope Recharge Investigation will assess existing stable isotope data, develop
a field sampling manual, conduct a field investigation, and assess the data. A technical steering
committee will review the methodologies and results. A robust public outreach effort will be part of the
investigation. On May 1, 2015, the Department issued a request for proposals to conduct a stable
isotope recharge investigation. The deadline to submit proposals was June 15, 2015. The RFP review
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/15/2015
committee recommended that Brown and Caldwell be awarded the contract to conduct the
investigation for $135,143. The contract will terminate on June 30, 2017 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER. (Water and Resource Conservation)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH CORRECTION TO ITEM 3.25 AND WITH THE
EXCEPTION OF ITEMS 3.18 AND 3.23 WHICH WERE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA. (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 Wahl reported that the Veterans Resource Center hosted a BBQ last Friday as part of their
outreach to veterans and community members. He also reported that he attended a ceremony held on
Saturday, September 26 in front of the Chico City Council Chambers for the re-dedication of the bronze
statue honoring of General Vang Pao. Supervisor Kirk reported she also attended this event.
Supervisor Connelly reported he attended a "Have a Breakfast with a Firefighter" event held on
September 11, 2015.The event was sponsored by Chico and Oroville Optimist clubs. Supervisor Teeter
and Kirk also attended the event.
4.02 Update of Current Budget/Legislative Issues by the Chief Administrative Officer-action requested -
PROVIDE DIRECTION TO STAFF.
Paul Hahn, Chief Administrative Officer, provided on update on recent State legislation.The State
Legislature finished their session last Friday, September 25, 2015. He reported that the State passed a
number of bills that will provide a state regulatory framework related to marijuana dispensaries and
cultivation but does not limit local control.
Bruce Alpert reported that he will be installed as the President of the County Counsel Association of
California at their annual conference this week.
Richard Price,Agricultural Commissioner,gave an update on the 2014 Crop Report.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/15/2015
Mr. Hahn reported that Supervisor Connelly will be on the CaILAFCO Board of Directors. He also
congratulated the County Department of Behavioral Health as the department received a grant in the
amount of$625,000 per year for 5 years for youth drug prevention programs.
A. Update on Enforcement of Medical Marijuana Cultivation Restrictions
Tim Snellings, Director of Development Services and Chris Jellison, Code Enforcement Supervisor
provided an update.
Supervisor Connelly and Supervisor Wahl thanked Code Enforcement on their efforts on enforcement
activities. Both stated the complaints received at their District offices have decreased dramatically
from last year.
4.03 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
3.18 Mental Health Network (MHN) Contract Amendment - MHN is the provider of the Butte County
Employee Assistance Program, which has established a network of professional providers to render
services for the benefit of Butte County employees and their dependents. MHN has requested an
amendment to the existing contract that includes: 1) Replacing "Work & Life Services" with "Enhanced
Work & Life Services", which will lead to enhanced services for employees and their dependents at no
additional cost to the County; 2) "Wellness Coaching Program" shall be added; 3) the monthly fee is
reduced to $9.22 per Subscriber; 4) the Term shall be updated with a term of July 1, 2015 through June
30, 2016, with automatic extension for successive periods of one year unless either party provides 60-
day notice to terminate; and 5) expanded Client Training Programs for employees. All other provisions
of the agreement shall remain the same - action requested -APPROVE THE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR
CONTROLLER. (Human Resources)
Supervisor Kirk pulled this item from the consent agenda for discussion. She wanted to highlight the
benefits of this program and to inform County staff that these services are available.
Brian Ring, Human Resources Director, provided additional information on this program.
MOTION: I MOVE TO APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND AUDITOR CONTROLLER. (Motion: Kirk; Second: Lambert)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/15/2015
3.23 Side Letter Agreements to Franchise Agreement for Refuse, Recyclable Materials and Green Waste
Collection Services - On March 1, 2015, the County of Butte (County) entered into franchise
agreements (Agreement) with USA Waste of California, Inc., aka Waste Management, and Recology
Butte Colusa Counties, (Contractors) to provide collection services of refuse, recyclable materials and
green waste. The Agreement specified weekly collection of refuse and bi-weekly collection of
recyclable materials and green waste in unincorporated areas known as Recycling Zones. The
collection fees approved for these Recycling Zones were based on the collection frequency specified.
Due to customer requests following the effective date of the Agreement, the County and Contractors
agreed that the Contractors would provide weekly collection of recyclable materials and green waste
for their customers in the Chico Recycling Zone and the Contractors would receive a credit ("Recycling
Credit") towards franchise fees that the Contractors are required to pay the County pursuant to the
Agreement. The Recycling Credit is in the amount of$4.00 per customer per month for the number of
new customers receiving green waste collection services after the franchise services implementation
date of March 1, 2015. Recycling Credit will be calculated by determining the change in number of
customers receiving green waste collection at the end of a calendar quarter compared to the baseline
number of customers serviced by Contractors prior to implementation of franchised services
(February 28, 2015). The difference will be multiplied by $4.00 and then multiplied by number of
months in the quarter. Recycling Credit will be calculated and applied for each quarter until costs
associated with weekly collection are incorporated into the first-year base rates (2017). It is estimated
that the franchise fees will be reduced by approximately $90,000 per year until January 1, 2017 -
action requested -APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Works)
Supervisor Kirk pulled this item from the consent agenda for discussion. She informed the Board that
she has received a petition signed by approximately 100 Cohasset residents requesting recycling
services in the Cohasset area. Mike Crump, Director of Public Works and Bill Mannel, Butte County
Waste Manager, addressed the Board regarding the request.
Mr. Hahn suggested that Public Works staff can arrange meetings with Waste Management staff and
the Cohasset Community Association to discuss options available for the area.
MOTION: I MOVE TO APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Motion: Connelly; Second: Kirk)
VOTE: Motion APPROVED 5 -0
4.04 PERS Post Retirement Employment Exemption - The Public Employees' Pension Reform Act (PEPRA) of
2013 requires newly retired persons to "sit out" for at least 180 days before returning to work for an
employer in the same retirement system from which they receive a retirement allowance. An
exemption to this rule is permitted by Government Code Section 7522.56(f)(1) and 21224, if approved
by the governing body in a public meeting on the regular agenda. Child Support Services relies on its
two information technology staff to provide technical support to keep the department working
efficiently and effectively. Pablo Rosado, Information Systems Analyst, Sr. for Child Support Services,
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/15/2015
retired from County employment on July 31, 2015. The individual hired into Pablo Rosado's formerly
held position has left Butte County employment effective August 31, 2015. Child Support Services is
currently in the process of filling this vacancy. The successful candidate will need to be trained in the
processes unique to the needs of the department and Pablo Rosado can provide this training as well as
provide continuity of services to the department until the position is filled.The Director of Child Support
Services is requesting an exemption to the 180-day sit out period required by PEPRA and approval to
hire Pablo Rosado as an extra help Information Systems Analyst, Sr. The Director of Human Resources
has reviewed the facts and concurs that the request is consistent with the exemption under
Government Code Section 7522.56(f)(1) - action requested - 1) APPROVE PERS POST-RETIREMENT
EXEMPTION PURSUANT TO GOVERNMENT CODE SECTION 7522.56; AND 2) ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Child Support Services)
Sharon Stone, Director of Child Support Services, provided a report.
MOTION: I MOVE TO APPROVE PERS POST-RETIREMENT EXEMPTION PURSUANT TO GOVERNMENT CODE
SECTION 7522.56; AND ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Motion:
Connelly; Second: Kirk)
VOTE: Motion APPROVED 5 -0
4.05 Update on Building Division Plan Review Status - The Development Services Department is providing
information on plan check status as requested by the Board. Staff has created a "Plan Review Status"
handout for discussion and information. The handout, "Plan Review Status", provides information on
the total number of plan reviews performed over the last eight (8) months. They include the total
number of plan reviews performed by staff in the department as well as those reviews performed by
outside plan check firms.The staff report identifies turnaround times for the completion of plan reviews
-action requested -ACCEPT FOR INFORMATION. (Development Services)
Tim Snellings, Director of Development Services, and Nancy Springer, Building Division Manager,
provided a report. This item was for information only.There was no action taken.
PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:45 a.m. - Public Hearing - County ADA Transition Plan and Resolution Designating ADA Compliance
Officer - Butte County's Americans with Disabilities Act (ADA)/Accessibility Self-Evaluation is nearly 17
years old. Changing uses of County facilities, new design guidelines, and changing legislation make an
update necessary. In order to address compliance with ADA requirements, an updated
ADA/Accessibility Self-Evaluation and Transition Plan was completed with partial funding through a
Community Development Block Grant. The County utilized Disability Access Consultants (DAC) to assist
with the Self-Evaluation and Transition Plan, which included evaluation of 21 facilities and staff
coordination. In addition to needing an updated Transition Plan, staff identified that the existing
resolution that designates the Human Resources Director as the County's ADA Compliance Officer does
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/15/2015
not allow for the delegation of authority. Staff recommends the Board of Supervisors adopt a new
resolution that designates the Human Resources Director, or designee, as the County's ADA Compliance
Officer for operational efficiencies - action requested - 1) ACCEPT TRANSITION PLAN FOR
INFORMATION;AND 2)ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
Casey Hatcher, Principal Management Analyst, introduced this item. Chris Little, Assistant Director of
Human Resources, provided a report.
MOTION: I MOVE TO 1) ACCEPT TRANSITION PLAN FOR INFORMATION; AND 2) ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Motion: Kirk; Second: Lambert)
VOTE: Motion APPROVED 5 -0
5.02 9:50 a.m. - Public Hearing - Bell Muir Extension - Very Low Density Residential (VLDR) General Plan
Designation - Properties located along the north side of Bell Road and the west side of Muir Avenue are
designated by the Butte County General Plan and zoned as Very Low Density Residential, 2.5 acre
minimum (VLDR-2.5). This area, known as the 'Bell Muir Extension,' includes 33 parcels. It is requested
that the Board of Supervisors consider the appropriate zoning designation of the Bell Muir Extension
neighborhood of west Chico, permit landowners and citizens to be heard on the appropriate zoning
designation and minimum parcel size for that area, and provide direction to Development Services staff
to keep the existing designation of VLDR-2.5 or process a change to Rural Residential, 5-acre minimum
parcel size (RR-5). On August 25, 2015, the Board of Supervisors opened this hearing item and received
a presentation from staff. The Board opened the item for public comment. At that time, Mr. Andrew
McClure provided a 15 minute presentation. Upon receiving all of the public comment, the Board of
Supervisors closed the public comment segment of the hearing and continued the item to September
15, 2015. Staff may present additional options verbally for the Board's consideration and direction at
the meeting. No additional staff report is provided for this discussion. For specific information on this
matter, please refer to the staff report presented to the Board of Supervisors on August 25, 2015 -
action requested - CONSIDER THE APPROPRIATE GENERAL PLAN AND ZONING DESIGNATION FOR THE
BELL MUIR EXTENSION AND PROVIDE DIRECTION TO DEVELOPMENT SERVICES STAFF. (Development
Services)
Pete Calarco, Assistant Director of Development Services, provided a report. The following individuals
addressed the Board: Kevin Riley; Lorainne Riley; Terry Andrew; Suzanne Morlock; Andrew McClure;
Bob Kromer; Pat Jones; Luz Reynolds; Monte Cameron; and Charles Copeland.
MOTION: I MAKE A MOTION TO RETAIN THE 2.5 ACRE PARCEL SIZE. (Motion: Wahl; Motion failed to carry for lack
of second)
MOTION: I MAKE A MOTION TO RETURN TO THE 5 ACRES EXCEPT FOR THE TWO APPLICATIONS (FOR 2.5 ACRE
PARCEL MAPS)THAT ARE IN PROCESS. (Motion: Kirk; Motion failed to carry for lack of second)
There was no Board direction given to change the current designation of this area. This area will remain
Very Low Density Residential (VLDR), 2.5 acre minimum.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/15/2015
BOARD OF SUPERVISORS PUBLIC COMMENT(each speaker limited to five minutes) (NONE)
Recess
Recessed as the Butte County Board of Supervisors and convened as the In-Home Supportive Services
Public Authority Board.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/15/2015
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MINUTES
SEPTEMBER 15. 2015
1. Call to Order- Butte County Board of Supervisors Chambers, 25 County Center Drive, Oroville.
2. Consent Agenda
2.01 Approve Appointments to the In-Home Supportive Services Advisory Committee - On December 19,
2000, the Board of Supervisors established the Butte County In-Home Supportive Services (IHSS)
Advisory Committee. Eleven members were appointed in accordance with Welfare and Institutions
Code 12301.3. Membership must include a combination of IHSS recipients, providers,
community/agency members/and or county staff. The members of the IHSS Advisory Committee serve
staggered terms. The Advisory Committee is recommending the appointment of Ms. Nanette Gledhill
(Program Manager, Butte County DESS, Adult Services) to fill a recently vacated county representative
position, with a term to expire December 31, 2016. Advisory Committee Chairperson, Sarah May, has
provided a letter supporting this request - action requested - APPOINT NANETTE GLEDHILL AS COUNTY
REPRESENTATIVE TO SERVE AS COMMITTEE MEMBER ON THE BUTTE COUNTY IN-HOME SUPPORTIVE
SERVICES ADVISORY COMMITTEE. TERM TO EXPIRE ON DECEMBER 31, 2016.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. (Motion: Kirk; Second: Connelly)
VOTE: Motion APPROVED 5 -0
3. Regular Agenda (No Items)
4. In-Home Supportive Services 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.
The following individuals addressed the Board: Cece Matthews; Ian Teves;Amanda Kidd;Jodi ? Erin Dowden;
Mindy Mornack(sp?); Gloria; Karen Williams; Kathryn Guy(sp?); and Kristi Fowler.
5. In-Home Supportive Services Closed Session (No Items)
Adjournment
Adjourned as the In-Home Supportive Services Public Authority Board and reconvened as the Butte
County Board of Supervisors.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/15/2015
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:
WENDY WININGS v. COUNTY OF BUTTE;WORKERS' COMPENSATION APPEALS BOARD LEGACY CASE NO.
ADJ9781298(CLAIM NO. BUAK-550068).
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
There were no announcements from 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
SEPTEMBER 29, 2015.
DOUG TEETER, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
PAGE 16