HomeMy WebLinkAboutM092915 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/29/2015
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 number 3.17 (Resolution to
Amend the Salary Ordinance) related to the District Attorney's (DA) and Sheriff's Office (SO) portions of that
item. Mr. Hahn indicated that the deletion of the DA and SO positions would not occur until the recruitments
for each of the listed positions are completed.The positions listed for deletion (Administrative Assistant, Senior
in the DA's office and Accountant, Senior/Accountant in the SO)will be deleted at a future meeting.
Supervisor Kirk requested item 3.18 be removed from the consent agenda for discussion and Supervisor Teeter
requested item 3.21 be removed from consent for discussion on the regular agenda.
CONSENT AGENDA
3.01 Resolution in Appreciation of Richard B. Price upon his Retirement from Butte County - Butte County
Agricultural Commissioner and Director of Weights and Measures is retiring on September 30, 2015.
This is a resolution in appreciation of Richard Price's more than 27 years of service to the County of
Butte-action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Agriculture)
Richard Price accepted the resolution.
3.02 Resolution Recommending Licensure of Solutions for Positive Choices Paradise Location - Solutions for
Positive Choices provides Driving Under the Influence (DUI) programs to Butte County residents, and
provides revenue to the County based on a percentage of revenue received under the DUI programs.
Solutions for Positive Choices is applying for full licensure of its Paradise location to serve the
populations of Paradise, Magalia, Stirling City, and surrounding areas. The location was previously
operating as a satellite site under the Chico license. Title 9, Section 9805 of the California Code of
Regulations requires a recommendation by the County Board of Supervisors for approval by the State of
applications for licensure of DUI programs and services - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health)
3.03 Budget Adjustment for Drug Free Communities (DFC) Grant Award - Butte County Department of
Behavioral Health (BCDBH) has been awarded a grant from the Substance Abuse Mental Health Services
Administration (SAMHSA) for a DFC Program. The department's prevention unit will be working in
collaboration with the Butte Youth Now Coalition towards the goal of strengthening collaboration
among communities, public, and private non-profit agencies as well as federal, state, local, and tribal
governments to support the efforts of community coalitions working to prevent and reduce substance
use among youth. Key grant strategies are aimed at the reduction in use of alcohol, tobacco, and
marijuana among 9th -11th grade youth. The term of the grant is September 30, 2015 through
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/29/2015
September 29, 2020 with a total award of $625,000 ($125,000 per year for 5 years). Approval is
requested for a budget adjustment allocating DFC funds to the fiscal year (FY) 2015-16 budget in the
amount of $104,425 to be utilized per grant requirements - action requested - APPROVE BUDGET
ADJUSTMENT(4/5 vote required). (Behavioral Health)
3.04 Agreement with BHC Sierra Vista Hospital, Inc. - BHC Sierra Vista Hospital provides inpatient psychiatric
hospitalization services. The State mandates contracting with managed care hospitals based on a
county's historical utilization. BCDBH began drafting the managed care hospital agreements in May
2015 but needed to wait for each "host county" (county in which the hospital exists), to negotiate their
rates with the hospital for the new fiscal year. Once negotiated, the contract must be fully executed by
the respective governing board. The State is notified by the host county of the contracted rates, and all
other counties that contract with the hospital utilize those rates per the direction of the State. Due to
these requirements, agreements with managed care hospitals are typically approved later in the fiscal
year. Approval is requested for an agreement with BHC Sierra Vista Hospital, Inc. to provide inpatient
psychiatric services for clients referred by BCDBH. The term of this agreement is July 1, 2015 through
June 30, 2017. The maximum financial obligation under this agreement shall not exceed $700,000
($350,000 in FY 2015-16 and $350,000 in FY 2016-17) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Behavioral Health)
3.05 Continuation of Local Drought Proclamation - On July 22, 2015, the Chief Administrative Officer
declared a local emergency caused by drought, which was proclaimed by the Governor on January 17,
2014. The Board of Supervisors reaffirmed and ratified the proclamation of local emergency associated
with drought. State law requires that the Board of Supervisors review the need for continuing the local
emergency every 30 days. As the State continues through its fourth year of drought, Butte County is
feeling the effects as the number of landowners with dry wells is increasing. At this point, the final
duration of the emergency has not yet been determined - action requested - CONFIRM THE NEED FOR
CONTINUING THE PROCLAMATION OF A LOCAL EMERGENCY; AND ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (County Administration)
3.06 Resolution Recognizing Sierra Nevada Brewery as a 2015 Sustainable Business of the Year Recipient-The
Sacramento County Board of Supervisors established the Business Environmental Resources Center
(BERC) in 1993 to provide regulatory, technical, and pollution prevention assistance, incorporating all
environmental aspects (air, water, and waste). Each year, during Pollution Prevention Week, which the
United States Environmental Protection Agency has set as the third week in September, BERC
recognizes businesses that are exemplary models of sustainable businesses in the Sacramento region.
This year, the Sierra Nevada Brewing Company was chosen as one of the eight recognized "Sustainable
Businesses of the Year" for their efforts in pollution reduction - action requested - ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
Sherry Chastain, a representative from Sierra Nevada Brewery, accepted the resolution. Jennifer
Macarthy, Deputy Administrative Officer, also addressed the Board.
3.07 Approval of Minutes -action requested -APPROVE MINUTES OF AUGUST 25, 2015 AND SEPTEMBER 15,
2015. (County Administration)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/29/2015
3.08 Amendment to Employment Contract - Director-Libraries - The Board of Supervisors approved an
employment contract with Melanie Lightbody, Library Director on May 5, 2015. The Board of
Supervisors has directed that the contract be amended to reflect vacation accrual at the rate of 200
hours per year effective October 10, 2015. All other terms of the contract remain the same - action
requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (County
Administration)
3.09 Employment Contract - Director, Development Services - Board approval of an employment contract
renewal with Tim Snellings, Development Services Director, is requested. The initial salary of the
position is $170,783 per year, which is a 2% increase from the current salary. The term of the contract
is October 31, 2015 through November 2, 2018 - action requested - APPROVE CONTRACT AND
AUTHORIZE THE CHAIR TO SIGN. (County Administration)
3.10 Agreement with Matrix Consulting Group to Conduct a Feasibility Study of Public Safety Answering
Points -The Board of Supervisors authorized the Emergency Services Officer to apply for funding under
the Fiscal Year 2014 Homeland Security Grant. One of the approved projects is to conduct a feasibility
study of the Public Safety Answering Points (PSAPs) in Butte County. A request for Proposals (RFP) was
issued to find a consultant with experience in conducting these types of studies within the budget
constraints of the Fiscal Year 2014 Homeland Security Grant. A selection panel was assembled from
local agencies representing the PSAPs in Butte County. There were six responses to the RFP ranging in
cost from $62,080 to $345,998. After consideration of qualifications and references of the four
proposals that were within budget, two finalists were chosen by the panel to give presentations. Matrix
Consulting Group was chosen by the panel as offering the service required at a cost of$62,080 to begin
October 1, 2015 through May 1, 2016. This is a 100% reimbursed grant activity - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (County Administration)
3.11 Agreement Amendment with Granicus, Inc. - Granicus, Inc. assists local, state and federal agencies
become more accessible and transparent to the public through the use of on-line media. Services
provided by Granicus include: the management and storage of unlimited public meeting data,
documents, and archived videos; the creation and delivery of paperless agendas for Board/Commission
members; and live video streaming of public meetings through the County website. In November 2011,
Butte County implemented the live streaming Board of Supervisors meetings. This amendment adds the
same live streaming services for the Butte County Planning Commission (PC) and Water Commission
(WC) utilizing a fixed camera recently installed in the Board Chambers and also includes: 1) an upgrade
of the encoder; 2) six technical training sessions for staff to the PC and WC; 3) technical support for PC
and WC agenda/minutes templates; and 4) updates to the Granicus viewpage on the County's website.
The amendment extends the term of the agreement through June 30, 2016 and increases the maximum
amount payable by $14,300. All other terms and conditions remain the same. It is expected that the
County will begin live streaming PC and WC meetings by the end of this year. At the beginning of 2016,
the County plans to issue a Request for Proposals to evaluate other options on the market for these
services -action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (County Administration)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/29/2015
3.12 Lexis Advance Subscription Agreement Amendment - Request approval of an amendment to an
agreement with Lexis Nexis for online research. The term of the amendment is September 1, 2015 to
June 30, 2017. The monthly rate is $520 per month until June 30, 2016 and then increases to $675
through June 30, 2017. With this amendment, the term of the agreement will exceed three years and
the not-to-exceed amount for the total contract will be greater than $25,000, which requires approval
by the Board of Supervisors - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN. (County Counsel)
3.13 Agreement for Legal Services Between the County of Butte And Kimberly J. Merrifield - Request
approval of an agreement with Kimberly J. Merrifield for attorney services related to Children's Services
Division Appeals and Writs; and Public Guardian and Behavioral Health Capacity Hearings.
Compensation is $100 per hour, and the term of the agreement is October 1, 2015 to September 30,
2018, or until the completion of any matters, cases and/or claims that are submitted under the
agreement during said term and until the same are finally resolved, whichever is later - action
requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (County Counsel)
3.14 Agreement with Lilliput Children's Services - Approval is requested for an agreement with Lilliput
Children's Services to provide the Family Finding and Kinship Support Services Program for kin
caregivers and the children they care for. This program provides the following: 1) Family Finding
Services to locate and engage extended family, kin, or other caregivers known to the child; and 2)
Kinship Support Services designed to support and educate relatives and close family friends caring for
children who have been removed by the child welfare system or are at risk of removal. Based on
competitive solicitation, Lilliput Children's Services was selected to provide this service. The term of the
agreement will be October 1, 2015 through June 30, 2017 with a maximum payable amount of
$393,175, ($168,475 for FY 2015-16; and $224,700 for FY 2016-17) - action requested - APPROVE THE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER. (Employment and Social Services)
3.15 Chico Veterans Memorial Hall Committee -The Chico Veterans Memorial Hall Committee, on behalf of
the Veterans Organizations using the Chico Veterans Memorial Hall, submit the following nominations
for appointment to serve on their Committee for the term ending June 30, 2016. Disabled American
Veterans (DAV), Chapter 125: Joe Kyle, Delegate and Hank Snow, Alternate - action requested -
APPOINT NOMINEES. (General Services)
3.16 Paradise Veterans Memorial Hall Committee - The Paradise Veterans Memorial Hall Committee, on
behalf of the Veterans Organizations using the Paradise Veterans Memorial Hall, submit the following
nominations for appointment to serve on the Paradise Veterans Memorial Hall Committee for the term
ending June 30, 2016. American Legion, Paradise Post 259: Thor Sparre, Delegate and Bob Wilson,
Alternate; Disabled American Veterans (DAV), Chapter 106: Garry "Wayne" Noel, Delegate; Paradise
Veterans Council (PVC): Ray Johnson, Delegate and Barbara Allen, Alternate; Veterans of Foreign Wars
(VFW), Max Bille Post 2039: Wes Cochran, Delegate; Citizen Veterans: Harry Hudson, Delegate -action
requested -APPOINT NOMINEES. (General Services)
3.17 Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following departments.These changes will add one (1)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/29/2015
FTE position allocation to the Salary Ordinance.
Human Resources: The Human Resources Department is requesting the classification of Manager,
Support Services-C be added to Section 57, Reference F of the Salary Ordinance titled "Confidential
Classifications (Effective 12/20/14-2%)". This classification was not included in the original creation of
the Confidential Unit because it was not being used at that time. The Salary Range for the classification
shall be set at Range 40 (Bi-weekly Salary: $1,561.85-$2,093.03), which is the same Range it is set at in
the Management and Supervisory Unit for non-confidential classifications.
Behavioral Health: The Behavioral Health Department is requesting the addition of one (1) Behavioral
Health Education Specialist, Associate/Behavioral Health Education Specialist/Behavioral Health
Education Specialist, Senior. The department was recently awarded a five year, $625,000 Drug Free
Communities grant that will pay for the position, which will facilitate and coordinate grant strategies
and activities. The total allocations in the department will increase by one (1) position. There will be no
budgetary impact on the General Fund.
County Administration: The County Administration Department is requesting to delete one (1)
Administrative Assistant, Senior-C/Administrative Assistant-C/Office Specialist, Senior-C and add one (1)
Manager, Support Services-C to the department's allocations to address current operational needs. The
total allocations in the department will remain unchanged, and there will be no budgetary impact on
the General Fund.
District Attorney: The District Attorney's Department is requesting to delete eRe ( ) Ad..,iRiS+.-.,
AssistaRt, SeRier ;;Rd add one (1) Administrative Assistant, Senior/ Administrative Analyst, Associate to
address current operational needs. Once the position is deleted after the recruitment for the new
position is completed, the total allocations in the department will remain unchanged, and there will be
no budgetary impact on the General Fund.
Sheriff-Coroner: The Sheriff's Department is requesting to delete eee (1)--AEse t F
.+,.+ and_ add one (1) Administrative Analyst, Senior/Administrative Analyst/ Administrative
Analyst, Associate to address current operational needs. Once the position is deleted after the
recruitment for the new position is completed, the total allocations in the department will remain
unchanged, and there will be no budgetary impact on the General Fund - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
3.18 Butte County Library Named as a Beneficiary of the Martha L. Dunbar Revocable Trust - Acceptance of
Gift-
Supervisor Kirk requested this item be removed from the consent agenda for discussion in order to
highlight the generous donation. Please refer to page 9 and 10 of this document. This item was not
approved as part of the consent agenda.
3.19 Office of Traffic Safety (OTS) Grant Agreement for Federal Fiscal Year 2015-16 - Approval is requested
for a revenue agreement with the State of California OTS for the provision of an education campaign
titled "Partnership to Keep Kids Boosted" that will provide training to a variety of local professionals to
assure that parents receive the same vehicle occupant protection information wherever they go in
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/29/2015
Butte County. Staff will work with elementary schools to reinforce the message of using booster seats
in vehicles. Police and fire personnel will also be educated in basic occupant protection, best practices
related to car seats, and California laws regarding the use of car seats/booster seats so they provide
consistent messaging. Pediatricians will be equipped to provide accurate occupant protection
information to their clients. Car seat classes, community car seat checkups/fittings and education
events will be held. The term of the agreement is October 1, 2015 through September 30, 2016 with a
maximum amount receivable of $128,881 - action requested - 1) APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER; 2) AUTHORIZE THE PUBLIC HEALTH GRANT DIRECTOR AND THE PUBLIC HEALTH FISCAL
OFFICIAL TO SIGN THE AGREEMENT AS REQUIRED BY OTS. (Public Health)
3.20 Agreement with California State University Chico (CSUC) Research Foundation - The Public Health
Department currently has an agreement with the California Department of Public Health (CDPH) to
participate in efforts to improve the nutritional status and obesity rate among California's low income
population under the Supplemental Nutrition Assistance Program - Education (SNAP-Ed) Program. The
program focuses on individual and group nutrition education, physical activity promotion, partnering
with local schools and churches to promote healthy eating/physical activity, and collaboration with
existing local nutrition promotion partners. Included in the agreement with CDPH is a subcontract with
CSUC Research Foundation in order to implement a variety of nutrition education and physical activity
programs for middle and high school students within Butte County.The Foundation will follow the same
guidelines as the County SNAP-Ed program. The term of the agreement is October 1, 2015 through
September 30, 2016 with a maximum amount payable of $295,000 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER. (Public Health)
3.21 Board Letter to U.S. Forest Service—
Supervisor Teeter removed this item from consent for discussion on the regular agenda as a member of
the FAC provided an email to the BOS by email early this morning. Please refer to page 10 of this
document.This item was not approved as part of the consent agenda.
3.22 Agreement for Trash Collection Rate Analyses Services - Approval is requested for an agreement with
Crowe Horwath to assist the County in reviewing rate applications submitted by franchised haulers as
part of the annual rate setting process. A rate setting methodology was established in the Refuse,
Recyclable Materials and Green Waste Collection Services Franchise Agreements wherein the three
franchised haulers submit financial and operations information, and the County evaluates the
information in order to determine the collection fees for the next calendar year. The County previously
contracted with Crowe Horwath to review the three haulers'financial and customer information for the
purpose of establishing three franchise collection areas. Franchised services commenced March 1, 2015.
Per the rate setting methodology, collection fees are adjusted annually by a cost of living index with a
detailed review of financial and operational information every fourth year. The detailed review of
hauler's revenue and expenses is known as a "Base Year". The first Base Year review will occur in the
fall of 2016. The Public Works Department recommends using the same consultant, Crowe Horwath
that developed the rate setting methodology, to review annual rate applications for the first two years
to develop a consistent process and procedure. In addition to analysis related to annual collection fees,
Crowe Horwath will assist the County in developing a collection fee structure for commercial organic
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/29/2015
waste to address requirements set in AB 1826 (Mandatory Commercial Organics Recycling), which
becomes effective in 2016. The cost of the agreement will be $40,000 to $50,000 per fiscal year
depending on the actual work performed - action requested - APPROVE AGREEMENT AND AUTHORIZE
PUBLIC WORKS DIRECTOR TO SIGN ON BEHALF OF THE COUNTY AFTER REVIEW BY COUNTY COUNSEL.
(Public Works)
3.23 Module 5, Phase A Excavation at the Neal Road Recycling at Waste Facility Contract Change Order No. 1
- In May of 2015, Wood Bros., Inc. of Lemoore, CA was awarded the Module 5, Phase A Excavation
Project at the Neal Road Recycling and Waste Facility contract in the amount of $3,506,160. When
complete, Module 5 will be the next waste containment module. As part of the landfill's development
plan, Module 5 is anticipated to be in operation in 2017 when Module 4 is projected to reach capacity.
Phase A excavation is the first phase of development of the new module. Additional excavation and
installation of the base liner system will occur in 2016. The original contract provides for 48-inch
diameter concrete manholes. However, it was evident that the 48-inch diameter concrete manholes as
originally planned would not accommodate the 36-inch and 30-inch diameter corrugated plastic pipe.
Therefore, staff and Wood Bros., Inc. researched alternative sizes of manholes and decided to eliminate
all of the 48-inch diameter concrete manholes replace them with 60-inch, 72-inch, and 96-inch diameter
concrete manholes. This contract change order provides additional compensation in the amount of
$40,795 to Wood Bros., Inc. for the increased costs associated with increasing the size of the concrete
manholes - action requested -APPROVE CONTRACT CHANGE ORDER NO. 1 AND AUTHORIZE THE CHAIR
TO SIGN. (Public Works)
3.24 Resolution Approving Application for Grant Funds from the California Recreational Trails Program -The
California Off Highway Motor Vehicle Recreational Trails Program (RTP) annually provides funds for
recreational trails. Butte County, along with the Plumas National Forest, California Conservation Corps,
and the Butte County Resource Conservation District, is working to submit a RTP grant application to
prepare a detailed Trail Assessment Study for 19 motorized trails totaling 15.25 miles within the Feather
River Ranger District. The 2010 Plumas National Forest Travel Management Plan approved the use of
the 19 motorized trails but identified resource concerns that needed mitigation before they were open
for motorized use. The study and report will include the assessment of each trail's existing conditions
for accessibility and needed maintenance and the required mitigation work necessary to add them to
the Forest's Motorized Vehicle Use Map. The trail assessment and mitigation identification work will be
conducted by trained personnel from the California Conservation Corps as well as resource personnel,
such as biologists and hydrologists from the Plumas National Forest.The Trail Assessment Report will be
used by the County, Plumas National Forest, and volunteer groups to prioritize and plan for future
projects to complete the necessary mitigations and maintenance work to open up these trails for public
use. It is expected that future projects can be achieved with a mix of the Forest's appropriated funds,
OHV State grants, and volunteer labor. The completion of the mitigation work and the opening up of
the approximately 15.25 miles of new motorized trails will significantly improve the riding experience in
the Feather River Ranger District by increasing the trails miles by 47%. Total project cost is $37,150. The
RTP grant requires a 12% local match equals $5,780 - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Public Works)
3.25 Technical Advisory Committee Appointment -The Groundwater Conservation Ordinance (Chapter 33 of
the Butte County Code) has provisions regarding the membership of the Technical Advisory Committee
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/29/2015
(TAC) and how members are appointed. The ordinance defines the TAC as a seven person committee
nominated by the Butte County Water Commission and appointed by the Board. TAC members must
have substantial expertise in water management or hydrology. A vacancy on the TAC resulted from the
resignation of one of its members. On September 2, 2015, the Butte County Water Commission voted
unanimously to recommend that the Board of Supervisors appoint Pete Bonacich to the TAC - action
requested -APPOINT PETE BONACICH TO THE TECHNICAL ADVISORY COMMITTEE. (Water and Resource
Conservation)
Request from Richvale Irrigation District for Special Election - Pursuant to Elections Code 10004, the
3.26 Richvale Irrigation District (District) submits a request for the Board of Supervisors to call a special
election for December 21, 2015 for two District Board of Directors whose terms expire in 2015. The
District failed to meet the statutory deadlines required to participate in the November 3, 2015 general
election. The District, which is a landowner voting district, will conduct the special election in the same
manner as regular district elections. Any costs of the special election will be covered by the District -
action requested - CALL A SPECIAL ELECTION FOR RICHVALE IRRIGATION DISTRICT ON DECEMBER 21,
2015. (Other departments or agencies)
"This item was included on the supplemental agenda released on Friday, September 25, 2015.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH CORRECTIONS TO ITEM 3.17 AS READ INTO RECORD
AND WITH THE EXCEPTION OF ITEMS 3.18 AND 3.21 WHICH WERE REMOVED FROM CONSENT 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 Connelly said that a local hospital contacted him to report that mentally ill patients are not
getting moved out of emergency rooms (ER) quickly enough creating disruptions in hospital services.
Paul Hahn, CAO, indicated the County has been working to help alleviate this issue. Dorian Kittrell,
Director of Behavioral Health (BH), informed the Board that BH staffs clinicians and peer staff in each of
the three local hospitals from 11 a.m. to 8 p.m., and the Mobile Crisis Team serves the ERs during other
hours. Mr. Kittrell stated that this is a statewide issue as there are a limited number of in-patient
psychiatric hospital beds available, especially in Northern California.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/29/2015
Supervisor Connelly also reported he attended a Northern California Water Association (NCWA)
meeting in Sacramento. He requested support for the County's relicensing for the Oroville Dam. He
also reported that NCWA supports the Sites Reservoir.
Supervisor Wahl reported that he and Chair Teeter attended a water forum sponsored by State
legislators regarding water in the North State, in particular the Sites Reservoir. He requested the County
write a letter to NCWA in support of the Sites reservoir. Paul Gosselin, Director of Water and Resource
Conservation, addressed the Board and reported that the Butte County Water Commission (WC) had a
sub-committee that looked into the Reservoir. The Board requested the sub-committee and the WC
review the issues related to the Reservoir and bring an informational item back to the Board at a future
meeting.
Supervisor Teeter reported that he, Paul Hahn, and Supervisor Connelly attended the annual Rural
County Representatives of California (RCRC) conference in EI Dorado County. Supervisor Teeter
reviewed the sessions offered at the conference. He also reported that RCRC representative, Paul Smith,
will be providing a report at the November 10, 2015 Board of Supervisors meeting on the new State
regulations related to marijuana cultivation. Supervisor Teeter also mentioned a session he attended
entitled "the future of federal land payments" given by members of Headwaters Economics. The
organization has a website at headwaterseconomics.org that has information related to national
forests.
4.02 Update of Current Budget/Legislative Issues by the Chief Administrative Officer-action requested -
PROVIDE DIRECTION TO STAFF.
Paul Hahn, Chief Administrative Officer, reported the State Legislature is currently on break. He
reviewed various bills that are on the Governor's desk.
4.03 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
3.18 Butte County Library Named as a Beneficiary of the Martha L. Dunbar Revocable Trust - Acceptance of
Gift - The Butte County Library was notified that it is a beneficiary of the Martha L. Dunbar Revocable
Trust. The amount of distribution to the Library will initially be $320,000, with up to an additional
$10,000 upon final distribution,for a total of$330,000. In order to receive the distribution however,the
County is required to sign an Agreement for Trust Distribution agreeing not to challenge the Trust and
to waive an accounting of the Trust distributions. The Library has no information that would question
the proposed distributions nor any reason to challenge the Trust or request an accounting - action
requested - PURSUANT TO GOVERNMENT CODE SECTION 25355, ACCEPT THE GENEROUS GIFT TO THE
LIBRARY OF UP TO $330,000 AS ONE OF THE BENEFICIARIES OF THE MARTHA L. DUNBAR REVOCABLE
TRUST AND AUTHORIZE THE LIBRARY DIRECTOR OR HER DESIGNEE TO EXECUTE ANY AND ALL RELATED
DOCUMENTS. (Library)
Supervisor Kirk pulled this item to highlight the generous donation from Martha Dunbar Trust to the
Butte County Library. Melanie Lightbody, Director of the Library, addressed the Board.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/29/2015
MOTION: I MOVE TO APPROVE PURSUANT TO GOVERNMENT CODE SECTION 25355, ACCEPT THE GENEROUS GIFT
TO THE LIBRARY OF UP TO $330,000 AS ONE OF THE BENEFICIARIES OF THE MARTHA L. DUNBAR
REVOCABLE TRUST AND AUTHORIZE THE LIBRARY DIRECTOR OR HER DESIGNEE TO EXECUTE ANY AND
ALL RELATED DOCUMENTS. (Motion: Kirk; Second: Lambert)
VOTE: Motion APPROVED 5 -0
3.21 Board Letter to U.S. Forest Service - Butte County's Federal/State Land Use Coordinating Committee
(Coordinating Committee) is supported by citizen stakeholders via the Forest Advisory Committee (FAC)
which has been meeting monthly for the past year. At their meeting held on August 24, 2015, the FAC
voted to recommend issuance of a letter from the Board of Supervisors to the U.S. Forest Service,
covering the points that summarized discussions held over a period of several months. This action was
strongly endorsed by the Feather River District Ranger of the Plumas National Forest, who was present
at the FAC meeting. Accordingly, the Coordinating Committee met on September 15, 2015 to discuss
the issuance of such a letter to the Regional Forester, Randy Moore, and to the Supervisors of the
Lassen and Plumas National Forests regarding the County's interests during the upcoming issuance of
guidance for revision of the Forest Plan for each Forest in the Sierras, and specific project interests in
the Lassen and Plumas National Forest lands in and around Butte County, including requests specific to
the Travel Management Plan and a fuel reduction project in the Forbestown area. The draft letter was
approved for submission to the Board of Supervisors at the Coordinating Committee's meeting of
September 15, 2015. The minutes for the September 15, 2015 and August 24, 2015 FAC meetings are
included in the staff report - action requested -APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN.
(Public Works)
Supervisor Teeter removed this item from consent for discussion on the regular agenda as a member of
the FAC sent an email to each Board member on this subject early this morning. Mike Crump, Director
of Public Works, answered questions from the Board.
MOTION: I MOVE TO APPROVE THE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Motion:Connelly; Second:
Wahl)
VOTE: Motion carried 4- 1
YEA: Supervisor Connelly, Supervisor Wahl, Supervisor Lambert, Supervisor Teeter
NAY: Supervisor Kirk
PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:30 a.m. - Public Hearing - Consideration of a Resolution of Formation for the Butte County Tourism
Business Improvement District - On August 11, 2015, the Board of Supervisors adopted a Resolution of
Intention to establish the Butte County Tourism Business Improvement District (BCTBID) and set a public
hearing for September 29, 2015 to hear testimony and consider a Resolution of Formation for the
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/29/2015
BCTBID. The Resolution also requested each local jurisdiction consider a Resolution of Consent for the
BCTBID. A Resolution of Consent must be considered by each local jurisdiction prior to the Board of
Supervisors considering a Resolution of Formation for the BCTBID.The City of Chico adopted a Resolution
of Consent for the BCTBID on September 1, 2015. The Town of Paradise and the City of Biggs each
adopted a Resolution of Consent on September 8, 2015. The City of Oroville and the City of Gridley will
each consider a Resolution of Consent in October of this year. The item to consider the Resolution of
Formation for the BCTBID is requested to be continued to October 27, 2015 at 9:30 A.M. in order to
allow each local jurisdiction adequate time to consider a Resolution of Consent for the BCTBID - action
requested - OPEN PUBLIC HEARING AND CONTINUE OPEN TO OCTOBER 27, 2015, AT 9:30 A.M. (County
Administration)
Casey Hatcher, Principal Management Analyst, introduced this item. The public hearing was opened and
continued. There was no other action taken.
5.02 9:35 a.m. - Public Hearing - Adopt Updated Microenterprise Technical Assistance Services Program
Guidelines - On July 21, 2015, Butte County and the State Department of Housing and Community
Development (HCD) executed an agreement through the Community Development Block Grant Program
(CDBG) for Microenterprise Technical Assistance Services in the unincorporated area as well as the non-
entitlement jurisdictions of Oroville, Gridley and Biggs in Butte County. The $279,070 grant awarded for
Microenterprise Technical Assistance will allow Butte County to continue the Butte County Business
Incubator Program (BCBIP). The BCBIP provides technical assistance to qualified businesses that meet
low and moderate income guidelines and have five or fewer employees. A variety of business assistance
services are available including, but not limited to, strategic business planning, identity branding,
marketing, e-commerce, sales, accounting and loan readiness. The Program Guidelines were previously
adopted by the Board on June 11, 2013. The County has decided to take the administration of the
program in-house instead of contracting with a Program Administrator. This will give the County better
oversight of the program and the consultants providing the technical assistance to the microenterprise
businesses. The new Guidelines reflect this change. The grant agreement between the County and the
HCD requires the Board of Supervisors hold a public hearing to solicit input from the public and to
approve a resolution adopting the Guidelines for the Microenterprise Technical Assistance Services
Program - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County
Administration)
Heather MacDonald, Management Analyst, Associate, provided a report the Board.
MOTION: I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Motion: Kirk; Second: Lambert)
VOTE: Motion APPROVED 5 -0
5.03 9:40 a.m. - Timed Item - Status Report on the Implementation of the Butte County Regional Economic
Development Strategy -The Economic Development Element of General Plan 2030 included Action Item
ED.A1.1, which calls for the creation of a countywide Economic Development Strategy. On January 25,
2011 the Board of Supervisors approved the Butte County Regional Economic Development Strategy
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/29/2015
which contained goals, initiatives, and action items to be attained during the period 2011-2013. On
February 11, 2014 the Board of Supervisors approved a revision to the Strategy, extending the life of the
Strategy through 2017 and adding additional action items to support the previously approved goals and
initiatives. The approved action items support the following key initiatives: 1) Grow existing businesses;
2) Ensure Butte County is a competitive location for new investment; 3) Create a sustainable reputation
for the county; and 4) Improve the coordination of regional economic development resources and
efforts. Per the Board's request, staff is providing a status report of the implementation of the Butte
County Regional Economic Development Strategy - action requested - NO ACTION REQUIRED. ACCEPT
FOR INFORMATION. (County Administration)
Jennifer Macarthy, Deputy Administrative Officer, provided a report to the Board. This item was for
information only. There was no action taken.
PUBLIC COMMENT(each speaker limited to five minutes)
The following individuals addressed the Board: Ian Teves; Cece Matthews; and Carol Magee.
Due to some of the comments provided by the public, Paul Hahn, Chief Administrative Officer, clarified for all that
the In-Home Supportive Services (IHSS) program is a State program and that he is not aware of any discussion
going on at the State or County level to end that program.
CLOSED SESSION-Adjourned to Closed Session on the following items:
7.01 PUBLIC EMPLOYEE EMPLOYMENT,APPOINTMENT, RECRUITMENT, PERFORMANCE EVALUATIONS,
INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR
7.02 ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(1) -THREE CASES:
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 9/29/2015
1. JACQUELINE DEVLIN V. BUTTE COUNTY AND MICHAEL SANDERSON; BUTTE COUNTY SUPERIOR
COURT CASE NO. 163271;
2. MICHAEL SEARS V. COUNTY OF BUTTE; BUTTE COUNTY SHERIFF'S OFFICE; ANDY DUCH;JOHN
KUHN; AND DOES 1 THROUGH 100; USDC-EASTERN DISTRICT COURT, CASE NO. 15-CV-00589-
MCE-CMK; AND
3. LAVIOLETTE V. COUNTY OF BUTTE, ET AL- BUTTE COUNTY SUPERIOR COURT CASE NO: 159472
7.03 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO 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
Announcement out of Closed Session: Bruce Alpert, County Counsel, announced that the Board of
Supervisors unanimously approved the appointment of Rob Hill as interim Agricultural Commissioner
beginning October 1, 2015 and ending when a new Agricultural Commissioner is appointed.
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 13, 2015.
DOUG TEETER, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
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