HomeMy WebLinkAboutM092314 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/23/2014
9:00 A.M. -CALL TO ORDER
Call to Order- Board of Supervisors Room, County Administration Building, 25 County Center Drive,
Oroville.
Members present: Supervisors Wahl, Kirk, Lambert and Teeter
Supervisor Connelly was absent.
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
CORRECTIONS AND/OR CHANGES TO THE AGENDA.
SUPERVISOR LAMBERT REQUESTED ITEM 3.26(CONTRACT APPROVAL AND BUDGET ADJUSTMENT FOR AGILIS
BALLOT SORTING AND SIGNATURE RECOGNITION SYSTEM) BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA. ITEM 3.26 WAS INCLUDED ON THE SUPPLEMENTAL AGENDA WHICH
WAS RELEASED ON FRIDAY, SEPTEMBER 26, 2014
CONSENT AGENDA
3.01 Resolution for California Health Facilities Financing Authority (CHFFA) - The CHFFA grant is a result of
the Investment in Mental Health Wellness Act of 2013 and provides funding to counties for crisis
residential programs throughout the State. Butte County Department of Behavioral Health has been
awarded funding for the purchase and startup of a new Crisis Residential Treatment (CRT) facility
within the County. The CRT facility offers additional voluntary psychiatric treatment beds and services
to keep the currently compounded system flowing and provides an alternative to costly and traumatic
psychiatric hospitalization whenever possible. The CRT facility will provide a 24-hour crisis residential
care program for adults with mental illness experiencing a psychiatric crisis or other qualified mental
health condition. The Butte County Board of Supervisors approved Resolution Number 14-070 and the
grant agreement on June 24, 2014. CHFFA has requested approval to grant the Butte County
Behavioral Health Director additional authorization and designations under the CHFFA grant project.
There are no changes to the term of the agreement or the maximum amount receivable from the grant
-action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health)
3.02 Agreement Between California Department of Health Care Services (DHCS) and Butte County
Department of Behavioral Health (BCDBH) - The DHCS administers mental health care plans for the
counties of California and requires BCDBH to enter into an agreement which describes the terms and
conditions BCDBH is required to follow in order to remain in compliance with the regulations of
providing specialty mental health services to Medi-Cal beneficiaries. The term of this agreement is July
1, 2014 to June 30, 2015 - action requested - 1) APPROVE THE 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)
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/23/2014
3.03 Amendment 3 to Agreement with First 5 Butte County Children & Families Commission - Perinatal
Anxiety and Mood Disorder (PAMD) -The First 5 Children & Families Commission (Commission) was
developed out of Proposition 10, creating funding for early childhood development, health care,
parent education, and other programs that improve services for families with children from a prenatal
stage through age five. Approval is requested for an amendment with the Commission for services
related to PAMD counseling. The Commission currently reimburses the Department for non-
reimbursable Medi-Cal services for PAMD counseling, which is conducted by Northern Valley Catholic
Social Service. The amendment adds additional funding for fiscal year (FY) 2014-15. The total amount
of the agreement is $264,000 ($71,000 for FY 2012-13; $74,000 for FY 2013-14; and $119,000 for FY
2014-15, which is an increase of$45,000) - action requested - 1) APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER; AND 2) APPROVE BUDGET ADJUSTMENT. (4/5 vote required) (Behavioral Health)
3.04 Agreement with Shaw/Yoder/Antwih, Inc. for State Legislative Advocacy Services - Strategic Local
Government Services, LLC (SLGS) has provided State legislative advocacy services for the County since
2003. The current agreement with SLGS expires on September 30, 2014. Paul Yoder, a founder, has
indicated that business for the partnering firms of Peterson Consulting and SLGS is now conducted
under the corporate name of Shaw/Yoder/Antwih, Inc. A new agreement is proposed for consideration
with the successor firm for SLGS under the same terms and conditions reached following a Request for
Proposals in 2011. The agreement covers advocacy services from October 1, 2014 through September
30, 2016 with a not-to-exceed price of $80,000 - action requested - APPROVE THE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW OF COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Chief Administrative Office)
3.05 Revisions to the County's Privacy Policy and Health Insurance Portability and Accountability Act (HIPAA)
Program - In April 2003 the Board adopted a Privacy Policy for health information as one of the
necessary steps in establishing a County Health Insurance Portability and Accountability Act (HIPAA)
program. In 2009 the Health Information Technology for Economic and Clinical Health Act (HITECH
Act) was adopted and significantly amended HIPAA. In 2013 the HIPAA/HITECH final regulations were
published, and those regulations require HIPAA Covered Entities, like the County, to incorporate the
changes into their policies. Proposed for Board consideration is a revised Health Information Privacy
Policy which incorporates the changes required by law, and incorporates programmatic changes to the
County's HIPAA program which are intended to strengthen and improve the overall program. The
major revisions to the policy include: 1) additions or amendments to definitions added or changed by
the HITECH Act; 2) addition of the new requirements for breaches of unsecured protected health
information; 3) clarification of the rights of patients to health information maintained in electronic
format; 4) inclusion of the new requirements for business associates and business associates'
agreements; 5) inclusion of the new requirements and restrictions regarding marketing with protected
health information or selling protected health information; 6) clarification of the roles, duties, and
responsibilities of the Chief Administrative Officer, HIPAA Privacy Officer, HIPAA Security Officer, and
department heads of the affected departments; and 7) revision of the HIPAA covered component
departments to include the General Services Department. The proposed policy has been reviewed by
the department heads of the HIPAA departments and the HIPAA Privacy and Security officers - action
requested - APPROVE THE REVISED HEALTH INFORMATION PRIVACY POLICY AND AUTHORIZE THE
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/23/2014
CHIEF ADMINISTRATIVE OFFICER TO TAKE THE ACTIONS NECESSARY TO IMPLEMENT THE REVISED
POLICY. (Chief Administrative Office)
3.06 Approval of Minutes - action requested - APPROVE SEPTEMBER 9, 2014 BOARD OF SUPERVISORS
MINUTES. (Chief Administrative Office)
3.07 Special District - Appointment of Insufficient Nominees in Lieu of Election - Under provisions of the
Uniform District Election Law, California Elections Code section 10500 et seq., requires a General
District Election to be held on November 4, 2014 for the purpose of electing directors to various special
district boards, whose terms of office expire on December 5, 2014. The last day to file a declaration of
candidacy was August 8, 2014. In those districts where an incumbent did not file, this period was
extended to the 83rd day before the election (August 13, 2014). In the districts where no one filed a
declaration of candidacy, California Elections Code section 10515(a) (b), provides that the Board of
Supervisors appoint a qualified person, at a regular or special meeting held prior to the Monday before
the first Friday in December (December 1, 2014). The last Board meeting held prior to this date is
November 18, 2014. The appointee shall take office at noon, December 5, 2014 and serve exactly as if
elected. Candace J. Grubbs, Butte County Clerk-Recorder/Registrar of Voters submits a Certificate of
Facts and requests the Board of Supervisors to appoint any qualified person to the office no later than
November 18, 2014. In the event that the Board of Supervisors do not make said appointment(s) by
November 18, 2014, a vacancy will occur, and the District shall fill that vacancy as provided in
Government Code section 1780. The Clerk of the Board will issue the Certificate of Appointment and
Oath of Office to the appointees - action requested - ACCEPT FOR INFORMATION. THE BOARD MAY
APPOINT ANY QUALIFIED PERSON TO THE OFFICE OF DIRECTOR, AS INDICATED ON THE CERTIFICATE OF
FACTS, ON OR BEFORE NOVEMBER 18, 2014. (Clerk-Recorder/Registrar of Voters)
3.08 Various Special Districts - Appointment of Nominees in Lieu of Election - Under provisions of the
Uniform District Election Law, California Elections Code section 10500 et seq. requires that a General
District Election be held on November 4, 2014, for the purpose of electing Directors to various special
district boards, whose term of office expire on December 5, 2014. An election is held when the
number of qualified candidates exceeds 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
candidate(s) filed a declaration of candidacy 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 5, 2014, and serve exactly as if elected. The County Clerk-
Recorder/Registrar of Voters submits the Certificate of Facts (Exhibit A in the staff report) and requests
that the Board of Supervisors appoint the nominees as listed. 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 to each appointee - action requested - APPOINT THE NOMINEES LISTED ON THE
CERTIFICATE OF FACTS (EXHIBIT A) TO THE OFFICE OF DIRECTOR IN THE VARIOUS SPECIAL DISTRICTS.
(Clerk-Recorder/Registrar of Voters)
3.09 Fiscal Year 2014-15 Budget Adjustments - Following approval of the State of California's FY 2014-15
budget, the Department of Employment and Social Services (DESS) has re-evaluated its operational
needs and demands for mandated services. To be fiscally responsible, the DESS used conservative
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/23/2014
revenue estimates when preparing its FY 2014-15 budget request. The department has determined
that unanticipated revenue is available to provide for additional staffing resources and facility needs.
The DESS is now requesting the Board of Supervisors to approve budget adjustments to accommodate
the department's operational needs in the current fiscal year. The requested budget adjustments will
provide for a total net increase of five (5) positions and two (2) facility modifications as described in
the staff report -action requested -APPROVE BUDGET ADJUSTMENT. (4/5 vote required) (Employment
and Social Services)
3.10 Lease Origination: 592 Rio Lindo Ave., Chico with BTD Properties LLC for Occupancy by Department of
Behavioral Health -The Butte County Department of Behavioral Health operates the Psychiatric Health
Facility/23 Hour Crisis Center program from 592 Rio Lindo Ave., Chico.The existing rate runs$1.105244
per square foot for the 13,192 square foot facility, with a total monthly lease payment of $14,580.38.
Under the new lease agreement,the rate will be$1.03 for the first 24 months and $1.0506 for the final
36 months. Over the five year period, this will result in a reduction of approximately $49,773.94 in
lease payments compared to the current rate and payment. In addition, a majority of the major
maintenance responsibilities will shift from the County to the landlord for additional savings of roughly
$50,000 over the 5 year term.The planned termination date for the agreement is September 30, 2019,
and includes the option to extend for an additional 60 month period. Funding is included in the FY
2014-15 budget and requires no additional appropriation - action requested - APPROVE THE LEASE
AND AUTHORIZE CHAIR TO SIGN. (General Services)
3.11 Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following departments: Human Resources,
Department of Employment and Social Services and Information Systems. These changes will increase
the total allocations in the Department of Employment and Social Services by five (5) positions. The
following are the sections of the Salary Ordinance to be amended:
Human Resources: The Human Resources Department requests to add the classification of Revenue
Recovery Specialist, Senior to Section 57, Reference C (Effective 02/01/14-2%) and Section 57,
Reference C (Effective 12/20/14-2%) of the Salary Ordinance titled, "BCEA-General Unit Classifications.
This addition has been agreed to by Human Resources and the applicable employee group.
Employment & Social Services: In conjunction with the Human Resources request above, the
Employment& Social Services Department is requesting to allocate four (4) existing Revenue Recovery
Specialist positions to include the newly created Revenue Recovery Specialist, Senior classification.This
change will allow the department greater flexibility when filling positions and provide better work flow
in the department. Only two (2) of these positions will be filled at the Senior level at any given time.
Any increase in costs associated with this change will be covered in the department's budget. This
change will leave the total allocations in the department unchanged and have no fiscal impact on the
County General Fund.
In addition, the department requests to delete one (1) vacant position of Supervisor, Employment
Services and add two (2) limited term positions of Employment Case Manager, Senior/Employment
Case Manager to end August 10, 2017. These positions are needed to backfill for two current
Employment Case Manager, Seniors on loan to the State working on the ISAWS Migration Program (C-
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/23/2014
IV) for the next three years. The State reimburses these employees' full salary and benefit costs to the
County. These savings will be used to fund these new limited term positions. These changes will
increase the total allocations in the department by one (1) position and have no fiscal impact on the
County General Fund.
The department also requests to add one (1) position of Supervisor, Administrative Analyst due to
increased operational need in Children's Services. There are four Administrative Analyst, Senior
positions assigned to Children's Services, under the direct supervision of the Assistant Director. In
August 2012, the US Department of Health and Human Services (Children's Bureau) released an
informational Memorandum for State Title IV-B and IV-E child welfare agencies regarding the
requirement to establish and maintain Continuous Quality Improvement (CQI) systems. As part of the
new CQI mandates, Children's Services is implementing a new Quality Assurance Unit. The new
Supervisor, Administrative Analyst position will ensure that program oversight; contract development
and monitoring; and policy and procedure development are aligned within all social service programs.
As a result of the addition of staff assigned to the new Quality Assurance Unit, the span of supervisory
control has changed. The addition of a Supervisor, Administrative Analyst position will provide the
management and direction of activities of the Analyst work group through appropriate delegation,
managerial support and work supervision. The Supervisor, Administrative Analyst will be a direct
report to the Assistant Director which will allow the continued administrative oversight. This change
will increase the allocations in the department by one (1) position and have no fiscal impact on the
County General Fund.
Additionally, the department is requesting to add two (2) positions of Social Worker, Senior/Social
Worker. One position is being added to the IHSS program based on operational needs of the
department. The other position is being added to the Adult Protective Services program also based on
operational needs of the department. These changes will increase the total allocations in the
department by two (2) positions and have no fiscal impact on the County General Fund.
The department is also requesting to delete one (1) vacant position of Office Specialist, Senior/Office
Specialist/Office Assistant and add one (1) position of Account Clerk, Senior/Account Clerk and one (1)
position of Social Services Aide. These positions are needed to manage increased workloads as a result
of recent changes in FLSA requirements under California Senate Bill 855 requiring In Home Supportive
Services providers to be paid overtime. This change will increase the total allocations in the
department by one (1) position and have no fiscal impact on the County General Fund. Combined, all
of these changes will increase the total allocations in the department by five (5) positions and have no
fiscal impact on the County General Fund.
Information Systems: The Information Systems Department is requesting to delete one (1) vacant
position of Telecommunications Coordinator and add one (1) position of Information Systems
Technician, Senior. The Information Systems resource requirements are changing as technology
continues to advance. This change will better meet the current and future organizational needs of the
department. This change will leave the total allocations in the department unchanged and have no
fiscal impact on the County General Fund - action requested - ADOPT THE RESOLUTION AMENDING
THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/23/2014
3.12 Contract Amendment with Decade Software Company. LLC - The Public Health Department currently
contracts with Decade Software Company, LLC(Decade)for the licensed use, support and maintenance
of the EnvisionConnect Suite software. The software is utilized by the Environmental Health Division
for billing and project tracking. Requested is approval of contract amendment no. 2 with Decade. The
term of this contract will remain May 31, 2012 through May 30, 2015. The maximum financial
obligation under this amendment is $105,129, which is an increase of $11,754. The increased cost of
the contract will add the additional service of Decade serving as the host of data within the software.
Currently, the department serves as the hosting agent of the data associated with the software
program. Hosting the data requires Public Health's Information Systems (IS) staff to provide several
hours of product support weekly and also utilizes valuable department server space. As the hosting
agent, Decade will store data in two or more geographically distant locations. This will allow for quick
recovery of data in case of a disaster. Also, updates and software revisions will be received in a more
timely manner without requiring department IS staff to spend many hours in the preparation and
deployment of upgrades and revisions within the department - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER. (Public Health)
3.13 Contract Change Order No. 1 and Notice of Completion for Durham Dayton Highway Sidewalk
Rehabilitation - In June of 2014, Franklin Construction, Inc. of Chico, CA was awarded the Durham
Dayton Highway Sidewalk Rehabilitation contract in the amount of $46,631. Contract Change Order
No. 1 increases the engineer's estimate to reflect the actual quantities of concrete and asphalt used
during construction in the amount of $6,520.65. In general, the work consisted of clearing and
grubbing, stump removal, concrete removal, constructing curb, gutter, sidewalk, pedestrian ramps, hot
mix asphalt paving, thermoplastic striping, and signage. All contract work has been completed in
accordance with the project's plans and specifications - action requested - 1) APPROVE CONTRACT
CHANGE ORDER NO. 1 FOR AN INCREASED AMOUNT OF $6,520.65 AND AUTHORIZE THE CHAIR TO
SIGN; AND 2) ACCEPT THE CONTRACT WORK AS COMPLETE AND AUTHORIZE THE CHAIR TO SIGN THE
NOTICE OF COMPLETION AND AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION. (Public
Works)
3.14 Durham Dayton Highway Sidewalk Rehabilitation Community Donation - The Durham Rotary Club
initiated the Durham Dayton Highway Sidewalk Rehabilitation project last year by suggesting a
community project to replace a section of sidewalk that flooded during winter rains. After the Public
Works Department investigated, it was determined that new curb gutter would be required to control
the drainage as well as a new sidewalk and ADA compliant ramps. Durham Rotary then solicited the
help of Jay Lowe from Northstar Engineering to volunteer his time to design the project. The
department then took over the project and completed it this summer with the project's Notice of
Completion (Item 3.13 on this agenda). In addition to the volunteer design work from Northstar
Engineering, Durham Rotary Club has donated $3,000 towards the project and raised an additional
$3,000 from other community members who wished to support the project - action requested -
ACCEPT DONATION OF $6,000 FROM THE DURHAM ROTARY CLUB AND OTHER COMMUNITY
MEMBERS. (Public Works)
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS, INTRODUCED JIM PATTERSON FROM THE DURHAM
ROTARY WHO PRESENTED THE CHECK TO THE BOARD OF SUPERVISORS.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/23/2014
3.15 Resolution Appropriating Monies to County Service Area (CSA) 82 - Stirling City Sewer From the CSA
Revolving Loan Fund - CSA 82 - Stirling City Sewer owns and operates the sanitary sewage system for
96 parcels in the community of Stirling City. The original system was constructed in the 1930's by
Sierra Pacific Industries when Stirling City was a company town supporting the logging activities in the
region. The CSA was formed in 1981 when the Stirling City Sewer Maintenance District was dissolved.
Over the years the system has had numerous problems due to its age and lack of resources to make
significant improvements to the system. Recently Public Works and CAO staff have been looking into
outside grant sources to fund needed improvements to the system. The Federal Community
Development Block Grant (CDBG) funds administered through the California Department of Housing
and Community Development and Water Bond funding through the State Water Board offer potential
opportunities. These funds are made available for communities that have predominantly lower to
moderate income households. Based on the 2010 Census the median household income for Stirling
City is well above the maximum that would allow the CSA to be eligible for such funding. Staff believes
that the Census number is based on an area that is larger than the boundaries of the CSA and are
therefore higher than the actual. An Income Survey is required to document the true household
income level within the CSA. Staff has been in contact with Chico State University Political Science
Department which can conduct an Income Survey of the County Service Area's residents to determine
the income level in the CSA. Cost for this survey is $5,000. Staff believes that the results of the survey
will show a lower median income than the current Census result show and thus improve the CSA's
eligibility to secure grant funding and low interest loans. Since this is a loan that will be paid back with
interest there is no impact to the General Fund - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Public
Works)
3.16 Resolution Making Application to the Local Agency Formation Commission (LAFCO) for Expansion of
Powers within County Service Area (CSA) 4 - CSA 4 was established by Butte County in 1964 during the
development of Paradise Pines to address drainage and water quality concerns in the area. At that
time, a property assessment rate was established and placed on the tax bills for properties located
within the CSA's boundary. In 1998, Butte County went through the process to expand the powers of
CSA 4 to include street lighting at all the major intersections on the Skyway, which was approved by
the voters. Now all the street lights along the Skyway within the CSA 4 boundaries are funded through
the CSA as well as the areas drainage needs. The Public Works Department is proposing to again
request the expansion of the powers of CSA 4 to include road maintenance. Specifically, to allow for
CSA 4 funding to be used to place asphalt concrete overlays (instead of chip sealing) on the primary
roads in Paradise Pines which are as follows; South Park Drive, West Park Drive, Ponderosa Way,
Creston Road, Wycliff Way, Coulter Way, Carnegie Way, Lakeridge Circle, Columbine Road, a portion of
Steiffer Road and a portion Skyway. These overlay projects will be planned based on pavement
condition and available CSA funding. The Public Works Department is not proposing to increase the
current CSA assessment to cover the cost for these new powers. Staff believes that based on current
activity in the CSA, the current assessment is sufficient to cover the costs for the existing activities and
these new ones. In order to provide road maintenance services within the current CSA boundaries, an
application to the Local Agency Formation Commission (LAFCo) for an expansion of powers to include
road maintenance must be submitted -action requested - 1) FIND THAT THE APPLICATION TO EXPAND
THE POWERS IS CATEGORICALLY EXEMPT FROM CEQA (CEQA EXEMPTION 15301); AND 2) ADOPT A
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/23/2014
RESOLUTION AUTHORIZING THE FOLLOWING: A) SUBMIT AN APPLICATION FOR AN EXPANSION OF
POWERS FOR ROAD MAINTENANCE TO BUTTE LAFCO; B) AUTHORIZE THE PUBLIC WORKS DIRECTOR
TO SIGN ALL NECESSARY LAFCO DOCUMENTS; C) DIRECT RECORDING OF A CERTIFICATE OF
COMPLETION UPON MEETING ALL LAFCO REQUIREMENTS; AND D) DIRECT THE CLERK OF THE BOARD
TO FILE A CERTIFIED COPY OF THIS RESOLUTION WITH BUTTE LAFCO. (Public Works)
3.17 Agreement with Waste Recovery West for Removal and Recycling of Waste Tires at Neal Road
Recycling& Waste Facility-Approval is requested for an agreement with Waste Recovery West for the
removal and recycling of waste tires received at the Neal Road Recycling & Waste Facility. The term of
the agreement is from October 1, 2014 to September 30, 2016 with the maximum amount of$80,000.
After searching the CalRecycle waste tire database and inquiries to other landfills in the region, Waste
Recovery West, out of Redding, was found to be the only provider of tire hauling and recycling for the
volume the Neal Road Facility produces - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE PUBLIC WORKS DIRECTOR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Public Works)
3.18 Sheriff's Annual Inmate Welfare Fund Report - Per Penal Code section 4025(e) the Sheriff shall report
annually on Inmate Welfare Fund expenditures. In FY 2013-14, $1,668,485 was expended to benefit
the inmates of the Butte County Jail. The largest single expense was $760,000 committed to future
construction and modernization of the Butte County Jail, including the addition of programming space
for inmates. Included in the staff report is a register report listing the itemized purchases/expenditures
- action requested - ACCEPT THE ANNUAL INMATE WELFARE FUND EXPENDITURE REPORT. (Sheriff-
Coroner)
3.19 Fiscal Year 2014-15 Budget Adjustment - To comply with Governmental Accounting Standards, the
County's year-end process does not automatically roll over appropriations for contracts and purchase
orders encumbered in one fiscal year but spent in the next fiscal year. During FY 2014-15 budget
preparation, the Sheriff's Office estimated costs anticipated due to contracts and purchases not
completed in FY 2013-14. With the closing of FY 2013-14, the Sheriff's Office has a more precise
estimate for costs anticipated in FY 2014-15. In summary the adjustments include: Sheriff's Office
increase in appropriations by $239,630, offset by $40,940 in new funding, $189,634 in restricted cash
and $9,056 in restricted fund balance. These changes include capital asset authority to continue to
purchase the Jail Management System (JMS) software, in year three of a contract for purchase,
installation and training. The Sheriff's Office has already paid three milestone payments on the JMS
system and should have the final payment next quarter. An adjustment to the District Attorney's Office
budget funded with Sheriff funds is included in the action - action requested - 1) APPROVE BUDGET
ADJUSTMENT (4/5 vote required); AND 2) AUTHORIZE CONTINUED PURCHASE OF CAPITAL ASSET.
(Sheriff-Coroner)
3.20 Donation -Cellular Telephone Lockers - For security reasons, County staff assigned to the Butte County
Jail are prohibited from bringing personal cellular telephones into the jail facility. Many staff desire to
have their cellular telephones in their possession before and after work and are compelled to leave
their telephones in their vehicles in the parking lot. Due to the fact that cellular telephones are heat
sensitive, many personal telephones have been damaged while stowed. The Butte County Correctional
Officers Association (BCCOA) requested permission of the Sheriff to purchase and donate to the
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/23/2014
County cellular telephone lockers for staff assigned to the jail. The Sheriff's Office discussed the
proposal with General Services and gained approval to install the lockers in the jail for staff use. The
Sheriff elected to accept the donated lockers to maintain authority over the permissible use of the
lockers. The value of the cellular telephone lockers is $2,500 - action requested - ACCEPT DONATION.
(Sheriff-Coroner)
3.21 Amendment 1 to Water Supply Agreement Between County of Butte and California Water Service
Company - On January 1, 2011, the County entered into an agreement with California Water Service,
Oroville (CWS) for the delivery of 2,000 acre feet of State Water Project (SWP) Table A water. As a
result of the County securing the delivery of PG&E water through SWP facilities at Lake Oroville, CWS
now wishes to amend the agreement reducing the annual amount of Table A water delivery to 150
acre feet for the term beginning January 1, 2015 and ending December 30, 2020 - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Water and Resource Conservation)
3.22 Amendment 1 to Water Supply Agreement Between County of Butte and Del Oro Water Company-On
January 1, 2011, the County entered into an agreement with Del Oro Water Company (DOWC) for the
delivery of 667.63 acre feet of State Water Project (SWP) Table A water. As a result of the County
securing a settlement under the Area of Origin lawsuit, DOWC now wishes to amend the agreement
reducing the annual amount of Table A water delivery to 300 acre feet for the term beginning January
1, 2015 and ending December 30, 2020 - action requested -APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Water and Resource Conservation)
3.23 United States Forest Service (USFS) Proposed Groundwater Directive -On May 6, 2014,the USFS issued
a Proposed Directive on Groundwater Resource Management (Directive), Forest Service Manual 2560
79 FR 25815.The comment deadline is October 3, 2014.The USFS is obligated to coordinate with Butte
County under its Coordinated Agency status on the development of this directive but failed to do so. In
2010, the Butte County Board of Supervisors gained Coordinated Agency status by establishing the
Butte County Coordinating Committee to assure that the federal agencies fulfill their obligation to
coordinate with counties under the National Forest Management Act (16 USC 1604; 43 USC 1701; and
43 USC 1712). To date, Butte County has not received any notice concerning the proposed directive.
The implications of the policy could be far reaching for Butte County. The failure to coordinate the
development of the groundwater directive gives Butte County an inadequate amount of time to review
the proposal and engage local stakeholders. As a result, it is unclear how it will be implemented in a
manner consistent with existing state and local programs. Staff recommends that the Butte County
Board of Supervisors submit a letter to the USFS recommending that the proposed directive on
groundwater management be withdrawn and that the USFS initiate coordination through the Butte
County Coordinated Agency to draft a groundwater policy directive - action requested - APPROVE
LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation)
3.24 Resolution Recognizing 50 Years of Broadcasting by KIXE - Channel 9 - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Other Departments or Agencies)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/23/2014
3.25 Reappointments to the First 5 Butte County Children and Families Commission (Commission) - The
Commission recommends reappointment of the following commissioners: Karen Marlatt, Dave Scott,
and Lorenzo Tobias. Each term will end June 30, 2016 -action requested - MAKE APPOINTMENTS.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.26 (CONTRACT
APPROVAL AND BUDGET ADJUSTMENT FOR AGILIS BALLOT SORTING AND SIGNATURE RECOGNITION
SYSTEM) WHICH WAS PULLED FOR DISCUSSION ON THE REGULAR AGENDA. (MOTION: KIRK; SECOND:
WAHL)
VOTE: Motion carried 4-0
YEA: Supervisor Lambert, Supervisor Wahl, Supervisor Kirk, Supervisor Teeter
ABSENT: Supervisor Connelly
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 HE RECENTLY TOOK A HELICOPTER FLIGHT OVER THE
FOOTHILLS OF BUTTE COUNTY WITH THE SHERIFF'S OFFICE. HE REPORTED HE VIEWED MANY
LARGE SCALE MARIJUANA GROWS.
4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
MR. HAHN REPORTED THAT HE AND CHAIR TEETER WILL BE ATTENDING THE RURAL COUNTY
REPRESENTATIVES OF CALIFORNIA(RCRC)ANNUAL MEETING IN PLACER COUNTY AT THE END OF
THIS WEEK.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/23/2014
4.03 Items Removed from the Consent Agenda for Board Consideration and Action.
Item 3.26 - Contract Approval and Budget Adjustment for Agilis Ballot Sorting and Signature
Recognition System - The County Clerk-Recorder/Registrar of Voters recommends approval of a
contract agreement with Runbeck Election Services for the Agilis Ballot Sorting System with automatic
Signature Recognition System, for processing returned voted ballot envelopes. The current system
worked well for many years, but became inoperable and could not be used in the 2014 Primary
Election. By 2016 the County must prepare for impact of new legislation that allows voters to register
and vote in the Elections Office from the 14th day before an election up through the close of polls on
Election Day, which will further increase the manual processes if no new system is in place. In order to
replace the old system, the Department issued a competitive solicitation to which two vendors
responded. The vendors included Bell & Howell ($309,008.75) and Runbeck Election Services
($273,050). The Runbeck system offers the same capabilities as the system used in the past, but adds
envelope sorting and opening as components. The new system will create greater operation
efficiencies and will fully automate the time-consuming manual process of sorting out envelopes with
no signature, irregular signatures, or double thickness, as well as sorting ballots that are good to
precinct level and opening them. The maximum amount of the contract is $273,050, reimbursable
under the Help America Vote Act, and the term of the contract is from the date executed by the
County through June 30, 2017. The FY 2014-15 payment of$242,412.50 is for purchase of the system
(capital asset), with a second payment for maintenance and licensing of $30,637.50 in 2016 - action
requested - 1) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER; 2) APPROVE PURCHASE OF CAPITAL ASSET; AND 3)
APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Clerk-Recorder/Registrar of Voters)
This item was included on the Supplemental Agenda which was released on Friday, September 19,
2014.
SUPERVISOR LAMBERT REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION.
CANDACE GRUBBS, CLERK-RECORDER/REGISTRAR OF VOTERS, ANSWERED QUESTIONS FROM THE
BOARD.
CHAIR TEETER REQUESTED THAT COUNTY COUNSEL LOOK INTO ANY PENDING LAWSUITS AGAINST
RUNBECK RELATED TO THE AGILIS BALLOT SORTING SYSTEM.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: LORETTA ANN TORRES.
THIS ITEM WAS CONTINUED TO THE OCTOBER 7, 2014 BOARD MEETING. NO ACTION WAS TAKEN BY
THE BOARD TODAY.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/23/2014
4.04 Title IV-E Child Welfare Waiver Demonstration Project - The Federal Title IV-E Child Welfare Waiver
Demonstration Project (Project) authorizes States to implement a demonstration project to build upon
current systemic child welfare reforms and interventions focused on prevention and family-centered
practice to improve outcomes for child welfare and probation-involved children and youth. The
objective is to test child welfare interventions designed to decrease the over-reliance of foster care for
children and to shorten the time children have open child welfare and/or probation cases, without
reducing funding when those efforts are successful.The Department of Employment and Social Services
(DESS) and the Probation Department jointly request that the Board of Supervisors approve the actions
requested below to implement the proposed Title IV-E Child Welfare Waiver Demonstration Project in
Butte County. The Project is designed to be cost neutral while allowing for cost savings to be invested in
programs for the betterment of children and families. The DESS and Probation Department will work
collaboratively to achieve the goals described in the staff report for children, youth and families in Butte
County. This five-year Project will provide up to $11.7 million in new federal revenue that can be used
for this Project. Funding for the $432,691 estimated cost in fiscal year 2014-15 will be fully covered by
federal revenue. There is no impact to the County General Fund. DESS is requesting one flexibly
classified Administrative Analyst position. The Probation Department is requesting one flexibly
classified Probation Officer position, and one Probation Technician position.Justification for these three
positions is provided in the staff report - action requested - 1) APPROVE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES AND BUTTE COUNTY,
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR
CONTROLLER; 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; 3) APPROVE
MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF EMPLOYMENT AND SOCIAL
SERVICES AND THE PROBATION DEPARTMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND AUDITOR CONTROLLER; 4) APPROVE BUDGET ADJUSTMENT (4/5
VOTE REQUIRED); 5) APPROVE RESOLUTION AMENDING THE SALARY ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN; AND 6) APPROVE PURCHASE OF CAPITAL ASSET OF ONE VEHICLE AS DETAILED IN THE
STAFF REPORT. (Employment and Social Services)
CATHI GRAMS, DIRECTOR OF EMPLOYMENT AND SOCIAL SERVICES AND STEVE BORDIN, CHIEF
PROBATION OFFICER PROVIDED A REPORT.
MOTION: I MOVE TO: 1) APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CALIFORNIA
DEPARTMENT OF SOCIAL SERVICES AND BUTTE COUNTY, AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND AUDITOR CONTROLLER; 2)ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN; 3) APPROVE MEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT
OF EMPLOYMENT AND SOCIAL SERVICES AND THE PROBATION DEPARTMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR CONTROLLER; 4) APPROVE
BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); 5) APPROVE RESOLUTION AMENDING THE SALARY
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN; AND 6) APPROVE PURCHASE OF CAPITAL ASSET OF
ONE VEHICLE AS DETAILED IN THE STAFF REPORT. (MOTION: KIRK; SECOND:WAHL)
VOTE: Motion carried 4-0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/23/2014
YEA: Supervisor Lambert, Supervisor Wahl, Supervisor Kirk, Supervisor Teeter
ABSENT: Supervisor Connelly
Public Hearings and Timed Items (No Items)
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.
GEORGE MENAS ADDRESSED THE BOARD.
Recess
Recess as the Butte County Board of Supervisors and convene as the Thompson Flat Cemetery District
Board of Trustees.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/23/2014
THOMPSON FLAT CEMETERY DISTRICT
BOARD OF TRUSTEES MINUTES
SEPTEMBER 23, 2014
The Board of Supervisors became the Thompson Flat Cemetery District Board of Trustees on August 10,
1999. Pursuant to Health and Safety Code Section 9029,the Trustees are required to meet at least once
every three months.This meeting satisfies compliance with that code. No action is required.
1. CALLTO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
Members present: Supervisors Wahl, Kirk, Lambert and Teeter
Supervisor Connelly was absent.
2. CONSENT AGENDA(No Items)
3. REGULAR AGENDA(No Items)
4. CLOSED SESSION (No Items)
5. PUBLIC COMMENT(NONE)
Adjournment
Adjourned as the Thompson Flat Cemetery District Board of Trustees and convened as the In-Home
Supportive Services Public Authority Board.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/23/2014
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MINUTES
SEPTEMBER 23. 2014
CALLED TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
Members present: Supervisors Wahl, Kirk, Lambert and Teeter
Supervisor Connelly was absent.
2.00 CONSENT AGENDA (No Items)
3.00 REGULAR AGENDA (No Items)
4.00 PUBLIC COMMENT(NONE)
5.00 CLOSED SESSION -ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATOR: CATHI GRAMS,JACK HUGHES& BRIAN RING
EMPLOYEE ORGANIZATION: CUHW
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 1 CASE:
UNFAIR PRACTICE CHARGE NO. SA-CE-882-M, CALIFORNIA UNITED HEALTHCARE WORKERS UNION v.
BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY.
(This closed session was held contemporaneously with the Board of Supervisors closed session)
THERE WERE NO ANNOUNCEMENTS FROM CLOSED SESSION.
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- 9/23/2014
CLOSED SESSION -ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
7.01 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 2 CASES:
a. COUNTY OF BUTTE v. ENGINEERED CONTROL SYSTEMS, INC.,TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA;JAMS ADMINISTRATIVE HEARINGS CASE NO. 1130005713; AND
b. CRIME JUSTICE &AMERICA, INC., AND RAY HRDLICKA v. PERRY L. RENIFF; USDC- EASTERN DISTRICT
CASE NO. 08-CV-00343.
7.02 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES& 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
OCTOBER 7, 2014
DOUG TEETER, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
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