HomeMy WebLinkAboutM100813 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/8/2013
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 Connelly Wahl, Kirk, Lambert and Teeter
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
1318-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, INFORMED THE BOARD THAT ITEM 3.13 HAS AN
INCORRECT TITLE.THE AGREEMENT IS WITH CUNDIFF AND ASSOCIATES, NOT BACKGROUNDS
AND MORE.
SUPERVISOR WAHL REQUESTED ITEM 3.12 (RESOLUTION ESTABLISHING LIBRARY HOURS) BE
REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA.
1318-002 CONSENT AGENDA
1. Appropriation Limit for Fiscal Year (FY) 2013-14 - Request for approval of resolutions confirming
Proposition 4 Appropriation Limit calculations for the County of Butte and all special districts under the
control of the Board of Supervisors for FY 2013-14.
2. Matthew Davis, M.D. - Matthew Davis, M.D., is a licensed medical doctor who provides services in the
specialized field of psychiatry as required for youth clients at the Butte County Department of Behavioral
Health (BCDBH) Paradise and Chico community counseling centers. Approval is requested for an
agreement with Dr. Davis. The term of this agreement will be from October 14, 2013 to June 30, 2014.
The maximum financial obligation under this agreement shall not exceed $256,140 (department budget
utilizing State Realignment and Federal Medi-Cal revenue).
3. LocumTenens.com, LLC - LocumTenens is a physician recruiting agency which provides psychiatrists for
placement at commercial and government facilities on a short-term basis. Due to the shortage of
psychiatrists, Butte County Behavioral Health (BCDBH) uses LocumTenens to supply psychiatrists to work
at Chico Adult Outpatient or other BCDBH sites as needed. LocumTenens was one of several successful
candidates of BCDBH's competitive solicitation for psychiatric services and approval is requested for an
agreement with this company. The financial obligation under this agreement shall not exceed $250,000
(department budget utilizing State Realignment and Federal Medi-Cal revenue). The term of the
agreement will begin November 1, 2013 and will terminate on June 30, 2014.
4. Appointments to the Southside Oroville Community Advisory Committee - Supervisor Connelly submits
the following nominations: reappointment of Judy Johnson as community-based organization
representative; and appointment of Ron La Gatta as Southside Community representative. Both terms
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/8/2013
will end January 2, 2017.
5. Anderson & Associates - Agreement for Financial System Implementation -The County completed a gap
analysis and business process review related to the County's current financial system in July. The purpose
of the evaluation was to determine if the current financial system could meet the County's needs into
the future, or if the County would need to solicit for a new enterprise-wide financial system. The results
of the evaluation process determined that the current system can meet the County's needs, if the County
completes a full implementation of the system as designed, including re-engineering many of the
County's business processes to utilize the full functionality of the system where appropriate and
practical. Investing in the system the County already has will be more cost effective than starting over
and purchasing and implementing a new system, which would cost hundreds of thousands of dollars.The
Support Services Coordination Work Team, consisting of the Chief Administrative Officer, Auditor-
Controller, Treasurer-Tax Collector, Chief Financial Officer, and the Directors of the Information Systems,
General Services and Human Resources Department, recommends that the County enter into an
agreement with Mike Carver and Mark Conry, through Anderson & Associates, for project management
and business process re-engineering assistance as part of the County's full implementation efforts. The
contract is for a not-to-exceed price of $52,800 with an anticipated end date of June 30, 2014. The
contract will be funded out of existing appropriations in the Administration Department's budget.
6. Granicus, Inc. - Granicus, Inc. is a provider of services that assists local, state and federal agencies
become more accessible and transparent to the public through the use of on-line media. Granicus Inc.
has a variety of services, which include: the management and storage of unlimited public meeting data,
documents, and archived video;the creation and delivery of paperless agendas for Board members using
iLegislate° for the iPad; and the live video streaming of Board meetings through the County website.
Approval is requested for an amendment to the agreement with Granicus to continue the current
services at the same rate. The amendment extends the term of the agreement through June 30, 2015
and increases the maximum amount payable by$55,200.32 (department budget).
7. Pacific Municipal Consultants (PMC) - It is requested that the Board of Supervisors approve an agreement
with PMC to prepare a Housing Element Update for the Butte County General Plan as required by law.
The term of the agreement is October 8, 2013 to December 31, 2014 for a not-to-exceed amount of
$40,556 (department budget).
8. Resolution Recognizing the Centennial Year of California 4-H Youth Development Program.
9. Chico Veterans Memorial Hall Committee -On July 30, 2013 Robert Berry was appointed as alternate for
the Disabled American Veterans (DAV) to serve on the Chico Veterans Memorial Hall Committee for a
term ending June 30, 2014. Unfortunately, Robert Berry is unable to complete the term for which he was
appointed. Therefore, the Chico Veterans Memorial Hall Committee on behalf of the Veterans
Organizations using the Chico Veterans Memorial Hall, submit the following nomination for appointment
to serve on the Chico Veterans Memorial Hall Committee. Disabled American Veterans (DAV), Chapter
125: Hank Snow, Alternate.
10. Gridley Veterans Memorial Hall Committee -The Gridley Veterans Memorial Hall Committee, on behalf
of the Citizen Veterans using the Gridley Veterans Memorial Hall, submit the following nomination for
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/8/2013
appointment to serve on the Gridley Veterans Memorial Hall Committee for the term ending June 30,
2014. Citizen Veteran:John Kucek, Delegate.
11. Resolution Acknowledging Donation from Durham Recreation and Park District - In support of the work
of the Butte County Library and their various Friends of the Library groups, the Board of the Durham
Recreation and Park District waived the deposit and kitchen use fees for the Library's Centennial
Celebration on Saturday, November 16th, 2013. This resolution honors and thanks them for this
generous donation.
12 Q.,,.',^.-,., RdS ;;Rd Mere Cundiff and Associates - In March, the Probation Department and Sheriff's Office
coordinated and completed a competitive bid process for employee background investigations and/or
polygraph examination services. Prior to the bid process, Probation used Backgrounds and More for
background and polygraph examination services, while the Sheriff used Backgrounds and More for just
polygraph services. Vendors considered in the most recent bid process included Backgrounds and More,
J. Greg Lewis, Stovall Associates, and Cundiff and Associates. In reviewing the results, it was determined
that multiple providers would be used in order to promote flexibility,timely and efficient processing, and
reduce overload on a given provider. Since that time, between both departments, contracts have been
approved and entered into on a non-exclusive basis with Backgrounds and More, J. Greg Lewis, and
Stovall Associates. Cundiff and Associates is the final agreement to be processed among the considered
vendors. Approval is requested for a contract with Cundiff and Associates, to provide employee
background polygraph examination services. The term of the contract is July 1, 2013 through June 30,
2016, with a maximum payable of $30,000 ($10,000 per year) for Probation, and $75,000 ($25,000 per
year)for the Sheriff.
13. Donation of Port-a-Cribs to Northern Valley Catholic Social Service for Distribution through Home
Visitation Program - On September 24, 2013, the Board of Supervisors approved an agreement with
Northern Valley Catholic Social Service (NVCSS) to provide a home visitation program for new and
expecting mothers in the Paradise and Magalia areas to improve pregnancy outcomes, prevent child
abuse and enhance parent child bonding. The Public Health Department currently possesses 46 port-a-
cribs, which were purchased with Title V funding for the purpose of providing education and reduction in
Sudden Infant Death Syndrome. In previous fiscal years, the department distributed the port-a-cribs
through the department's nurse home visiting program. However, due to the reduction in Targeted Case
Management funding and concurrent elimination of Public Health's nurse home visiting program, the
department desires to donate port-a-cribs to NVCSS to distribute in conjunction with the home visitation
program in the Paradise and Magalia areas.
14. Drake Haglan Associates - On June 14, 2011, the Board of Supervisors approved an agreement with
Drake Haglan Associates for preliminary engineering and design services related to the bridge
replacement on Oregon Gulch Road across Morris Ravine. This agreement expired on June 30, 2013. It is
requested that the term be extended to December 30, 2015 with the maximum payable amount of
$129,920 (funded through Federal revenue)This is an increase of$30,000. The contract amendment will
cover the work necessitated by an alignment shift required to accommodate larger turn radii on the
approach roadway onto and off the proposed structure. This shift has also necessitated the design of a
retaining wall system.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/8/2013
15. Golder Associates, Inc. - The Public Works Department requests approval of an agreement with Golder
Associates, Inc. (Golder) to provide compliance monitoring of the Neal Road Recycling and Waste
Facility's (NRRWF) landfill gas collection and control system. Golder is contracted with Ameresco Energy
to provide well field "tuning" to maximize gas collection for its landfill gas to energy plant. Golder
provides this service once per month. Ameresco states that twice a month tuning is optimal.The NRRWF
currently contracts with SCS Engineers to provide monitoring of the landfill gas wells once per month to
determine compliance with local, state and federal air quality regulations. However, SCS does not make
any adjustments to the gas wells. Ameresco desires to maximize gas production and prefers that its
consultant, Golder, make those adjustments. The proposed agreement with Golder will allow Golder to
monitor and make adjustments to the wells twice per month. If a gas well is found to be out of
compliance, it can make adjustments and re-monitor during the next visit. Currently, if a gas well is found
to be out of compliance by SCS, staff contacts Ameresco, which then contacts its consultant to make
adjustments. NRRWF has to request SCS to perform follow-up re-monitoring at an additional cost. This
agreement would result in a savings for re-monitoring services. SCS is under contract with NRRWF for
environmental compliance services and will continue to do all compliance reporting. Golder will provide
SCS with the monthly monitoring data for the landfill gas wells. SCS will discontinue gas well monitoring,
and Golder will provide those services at the same cost. The agreement will expire on December 31,
2015 with the maximum payable amount of$46,450 ($10,800 for FY 2013-14).
16. Response Letter to Butte Environmental Council (BEC) - On September 13, 2013, BEC wrote a letter to
the Board of Supervisors asking why the County did not submit a letter challenging the Thermalito Water
& Sewer District water transfer program. On May 7, 2013, the Board of Supervisors directed the
Department of Water and Resource Conservation to raise concerns over regional out-of-basin
groundwater substitution water transfer programs. Earlier this year, the County submitted letters of
concern to districts in the region that were planning to conduct an out-of-basin groundwater substitution
water transfer program. The Thermalito Water& Sewer District water transfer program is not an out-of-
basin groundwater substitution water transfer program. The Board of Supervisors is requested to
approve a letter that addresses the inquiry from BEC.
17. Resolution of Support for Northern Sacramento Valley Integrated Regional Water Management Plan
(NSVIRWMP) - In 2006, Butte County entered into a Memorandum of Understanding (MOU) with other
counties within the northern Sacramento valley to cooperate and share information on water-related
issues that often cross over and between local jurisdictions. Over the years since the original MOU,there
have been four addenda to the MOU, which culminated in the counties of Butte, Colusa, Glenn, Tehama,
Shasta and Sutter cooperating to form the Northern Sacramento Valley Regional Water Management
Group. This group established a governing board (NSV Board) with three appointments by each of the six
counties to oversee the completion of the NSVIRWMP. This planning effort was funded through a Prop
84 grant in 2011. The draft plan was approved by the NSV Board on September 9, 2013 and released as
the public draft. Action by the Board of Supervisors today would declare support for the NSVIRWMP.
18. Resolution Recognizing Domestic Violence Awareness Month.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/8/2013
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF 3.12 WHICH WAS REMOVED
FOR DISCUSSION ON THE REGULAR AGENDA AND WITH THE CORRECTION TO ITEM 3.13. (MOTION:
KIRK; SECOND: TEETER)
VOTE: Motion APPROVED 5 -0
1318-003 Resolution Establishing Library Hours - Per Board of Supervisors direction during FY 2013-14 budget
hearings, the proposed resolution expands library branch hours for the Biggs, Chico, Gridley, Oroville,
and Paradise branches effective November 3, 2013. Chico, Gridley, Oroville and Paradise branches will
be open Sundays from 1 p.m. to 5 p.m. and the Biggs branch will be open on Saturdays from 10 a.m.
to 4 p.m. Funding for the expanded hours was approved by the Board of Supervisors as part of the FY
2013-14 Adopted Budget.
SUPERVISOR WAHL REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
MEMBERS OF THE FRIENDS OF THE LIBRARY THANKED THE BOARD.
MOTION: I MOVE TO ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: WAHL;
SECOND: LAMBERT )
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA
1318-004 Boards, Commissions and Committees
1. Appointments to Listed Vacancies
MOTION: I MOVE TO APPOINT CARRIE VANG TO SOUTHSIDE OROVILLE COMMUNITY CENTER ADVISORY
COMMITTEE. (MOTION: CONNELLY; SECOND: KIRK)
VOTE: Motion APPROVED 5 -0
2. California State Association of Counties Board of Directors.
MOTION: I MOVE TO APPOINT SUPERVISOR KIRK AS REPRESENTATIVE AND BILL CONNELLY AS ALTERNATE
REPRESENTATIVE TO ONE YEAR TERMS BEGINNING NOVEMBER 19, 2013. (MOTION: LAMBERT;
SECOND: TEETER)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/8/2013
3. Board Member/Committee Reports and Board Member Comments (Pursuant to CA State law,the Board
is prohibited from taking action on any item not listed on the agenda.)
SUPERVISOR KIRK REPORTED THAT NANCY SPRINGER, BUILDING MANAGER IN THE
DEPARTMENT OF DEVELOPMENT SERVICES, HAS RECEIVED AN INTERNATIONAL AWARD AND
WAS ALSO APPOINTED TO A STATE COMMITTEE.
SUPERVISOR CONNELLY REPORTED ON AN AGRICULTURAL MITIGATION MEETING.
SUPERVISOR WAHL REPORTED THAT HE HAS RECEIVED REQUESTS FOR THE BOARD TO
CONSIDER THE STATE OF JEFFERSON DECLARATION ON THE NOVEMBER 5 AGENDA.
SUPERVISOR WAHL AND SUPERVISOR CONNELLY REQUESTED THE STATE OF JEFFERSON
DECLARATION BE INCLUDED ON THE NOVEMBER AGENDA. THE MAJORITY OF THE BOARD
DID NOT WANT THE DECLARATION TO BE INCLUDED ON THE NOVEMBER AGENDA FOR
DISCUSSION.
SUPERVISOR TEETER REPORTED ON A MEETING OF THE RURAL COUNTIES OF CALIFORNIA
(RCRC) MEETING IN PLACER COUNTY.
1318-005 9:30 a.m. - Public Hearing - Consideration of Resolution of Formation and Related Documents to
Establish the County of Butte Community Facilities District No. 2013-1 (Clean Energy Program) - This
hearing is scheduled to take the necessary steps to establish a program and a Community Facilities
District (CFD) to finance or refinance the acquisition, installation and improvement of energy
efficiency, water conservation and renewable energy improvements (Clean Energy Improvements) to
or on real property. This CFD is authorized under the Mello-Roos Community Facilities Act of 1982 as
amended by Senate Bill No. 555 (SB 555). This type of program is referred to as Property Assessed
Clean Energy (PACE) financing. PACE financing is completely voluntary: only property owners that
choose to seek financing through the CFD for energy/water-related improvements to their property
and unanimously vote to annex their property into the CFD will be subject to this program. No
property will be annexed into the CFD or subject to any part of this property without the express
willing unanimous consent of the property owner(s). At this time, the County is only implementing
the program for non-residential properties.
JENNIFER MACARTHY, MANAGER OF ECONOMIC AND COMMUNITY DEVELOPMENT,
PROVIDED A REPORT.
MOTION: I MOVE TO: 1) ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN;
2) ADOPT COMMUNITY FACILITIES DISTRICT NO. 2013 (CLEAN ENERGY PROGRAM) HEARING REPORT
REMOVING ITEM 25 (CARBON CREDITS) ON PAGE 14 OF APPENDIX E; AND 3) WAIVE FIRST READING
OF THE ORDINANCE. (MOTION: KIRK; SECOND: TEETER)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/8/2013
1318-006 9:40 a.m. - Public Hearing -Adoption of Ordinances and Resolution Adding and/or Amending Sections
Of Chapter 3 of the Butte County Code Related to Certain Development Impact Fees - The County
recently completed a nexus study for various development impact fees with the assistance of
consulting firm Urban Economics. As a result of the study, Administration has developed and
recommends the adoption of eight (8) ordinances that will: 1) Change the fee charged for certain
public facility categories, thereby lowering the total fee paid by citizens; 2) Consolidate fees for
certain public facility types and separate fees for others; and 3) Establish a new fee for a facility type
not included in the previous impact fee study. The existing development impact fee ordinances
contain the fee amounts for the facility type that they pertain to. The ordinances presented for
consideration by the Board reference a resolution that contains a schedule of fee amounts by facility
category, thereby beginning the migration of impact fees to a single impact fee schedule. This
resolution is also presented for consideration by the Board. The staff report provides greater detail on
the updated study, the changes in the impact fee program, and the changes in the fee amounts. The
ordinances and resolution presented do not cover impact fees related to the jail, which are the
subject of a separate fee study.
GREG ITURRIA, CHIEF FINANCIAL OFFICER AND MARION REEVES, COMPLIANCE OFFICER
PROVIDED A REPORT.
NANCY SPRINGER, BUILDING MANAGER, ANSWERED QUESTIONS FROM THE BOARD.
MOTION: I MOVE TO: 1)ADOPT THE ORDINANCES (8)AND AUTHORIZE THE CHAIR TO SIGN; AND 2)ADOPT THE
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION:TEETER; SECOND: KIRK)
VOTE: Motion APPROVED 5 -0
1318-007 10:00 a.m. Public Hearing - Update Master Fee Schedule - Department of Employment and Social
Services (DESS) -The Director of DESS recommends implementing a fee for the filing of a petition for
the adoption of a child. Responsibility for adoption services was recently transferred from the
California Department of Social Services to DESS, and no such fee is currently in effect for Butte
County. Family Code Section 8716 permits county adoption agencies to charge a fee of$500 for such
filing.
LOUIS JARVIS, MANAGEMENT ANALYST WITH ADMINISTRATION AND CATHI GRAMS, DIRECTOR
OF EMPLOYMENT AND SOCIAL SERVICES PROVIDED A REPORT.
GEORGE MENAS ADDRESSED THE BOARD.
MOTION: I MOVE TO ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: TEETER;
SECOND: KIRK)
VOTE: Motion carried 4- 1
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/8/2013
YEA: Supervisor Lambert, Supervisor Connelly, Supervisor Kirk, Supervisor Teeter
NAY: Supervisor Wahl
1318-008 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT.
CATHI GRAMS, DIRECTOR OF EMPLOYMENT AND SOCIAL SERVICES, PROVIDED A REPORT ON THE
IMPLEMENTATION OF THE AFFORDABLE CARE ACT PHONE REGISTRATION.
1318-009 Resolution Suspending Rental of the Gridley Veterans Memorial Hall - Currently, General Services is
responsible for the management of the Butte County Veteran Memorial Halls. In an effort to increase
revenue for repairs and maintenance of the Halls, rental policies and procedures were updated in
2003 and rental rates were increased based on a comparative study of local rentals. Success has been
mixed, with costs still exceeding benefits, particularly in the Gridley Veterans Memorial Hall.
Therefore, and in support of the desires of the Gridley Veterans, staff recommends adoption of a
resolution to suspend public rentals and local agency use, and utilize the Gridley Veterans Memorial
Hall only for Veteran sponsored events consistent with its original intended use.
MOTION: I MOVE TO APPROVE ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION:TEETER;
SECOND: KIRK)
VOTE: Motion APPROVED 5—0
1318-010 10:15 a.m. -Timed Item - State of California Jail Construction Grant Application and Resolution - Due
to impacts of AB109 the Butte County Jail is at maximum capacity. As a result, the Sheriff has had to
release significant numbers of inmates to avoid overcrowding. To address this condition the Sheriff's
Office, the Chief Administrative Office and County General Services are requesting approval to apply
for up to $40 million in state funding through the Adult Jail Capacity Expansion Construction Project
under the SB 1022 program. Funding will require the County to contribute a minimum of $4.445
million cash and in-kind match. Cash match includes impact fees, inmate welfare funds, and criminal
justice facility construction funds. In-kind includes land value and project management. The proposed
project is to construct a standalone facility located adjacent to the existing jail. The new facility would
have 168 medium security beds, 32 maximum security beds, and 56 special use beds, for a total of
256 beds. In addition to beds, the project includes program spaces and required housing support
space. The Sheriff will repurpose the existing linear jail and two dormitories, which reduces 198 beds.
The net result will be a gain of 58 beds. The vacated linear jail space and dormitories will provide
future flexibility. The configuration of the space gives it substantial flexibility to be used as
programming, recreation, or other space. Future use of this portion of the facility will be dictated by
needs, goals, and available funding. It is anticipated that operating costs will increase by about $1
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/8/2013
million annually over current operating expenses. Counties throughout the state are applying for
these limited funds, which will be awarded based on the counties' ability to demonstrate readiness-
to-proceed. Proposals are due to the Board of State and Community Corrections (BSCC) on October
24, 2013.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, INTRODUCED THIS ITEM.
SHERIFF JERRY SMITH ADDRESSED THE BOARD BY RECORDED VIDEO AS HE WAS OUT OF THE
AREA AT A SHERIFF'S CONFERENCE. UNDERSHERRIF KORY HONEA PROVIDED A REPORT TO THE
BOARD. MEEGAN JESSEE, DEPUTY CHIEF FINANCIAL OFFICER, PROVIDED A REPORT.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: CELIA HERSHMAN AND THOMAS WAHL.
MOTION: I MOVE TO:
1) APPROVE THE RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR FUNDING OF THE
JAIL PROGRAM AND CAPACITY EXPANSION PROJECT UNDER SB 1022 AND PROVIDING FOR THE
REQUIRED ASSURANCES INCLUDING:
• APPROVAL OF THE REQUIRED COUNTY CASH MATCH; AND
• AUTHORIZATION TO PROCEED WITH THE PROJECT IF FUNDED; AND
• APPROVAL OF THE PROJECT DOCUMENTS AND AUTHORIZATION FOR THE CHIEF
ADMINISTRATIVE OFFICER TO EXECUTE THE PROJECT DOCUMENTS; AND
• AUTHORIZATION FOR THE SHERIFF TO SIGN THE APPLICANT AGREEMENT WHICH IS PART OF
THE APPLICATION AND SUBMITTHE SB 1022 APPLICATION TO THE STATE;AND
• ASSURANCES THATTHE COUNTY WILL STAFF AND OPERATE A FACILITY CONSTRUCTED UNDER
THE SB 1022 PROJECT WITHIN 90 DAYS;AND
• CERTIFICATION THAT THE COUNTY WILL NOT LEASE A FACILITY CONSTRUCTED UNDER THE SB
1022 PROJECT FOR A PERIOD OF AT LEAST 10 YEARS.
2) APPROVE THE RESOLUTION EVIDENCING AUTHORIZATION OF FUNDING SOURCES AND AMOUNTS
FOR THE JAIL EXPANSION PROJECT, INCLUDING:
• DETAIL OF THE COUNTY'S CASH MATCH; AND
• AUTHORIZATION FOR A LOAN OF UP TO $1,370,000 FROM THE SHERIFF AND FIRE FACILITY,
VEHICLE AND EQUIPMENT IMPACT FEE ACCOUNTS TO THE JAIL IMPACT FEE ACCOUNT TO BE
REPAID WITH INTEREST; AND
3) APPROVE A BUDGET ADJUSTMENT APPROPRIATING THE COUNTY'S CASH MATCH AS DETAILED IN
THE STAFF REPORT(4/5 VOTE REQUIRED). (MOTION: KIRK; SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/8/2013
1318-011 2014 Board of Supervisors Regular Meeting Calendar - Submitted for consideration is the 2014 Board
of Supervisors regular meeting calendar. Pursuant to Butte County Code Section 2-13, regular Board
meetings are held the second and fourth Tuesday of each month. The Code does allow the Board to
alter that schedule by a majority vote. The proposed calendar has one meeting only scheduled in the
months of July and December 2014 in order to accommodate vacation and holiday schedules. Other
regular meetings in the months of May, October, and November have been proposed on alternate
Tuesdays due to various holidays. If additional meetings are required for any reason, the Board's
calendar can be amended or a special meeting can be ordered.
MOTION: I MOVE TO APPROVE THE 2014 REGULAR BOARD MEETING CALENDAR. (MOTION:TEETER; SECOND:
WAHL)
VOTE: Motion APPROVED 5 -0
1318-012 Area of Origin Settlement (Sacramento County Superior Court Case No: 34-2008-00016338 CU-BC-
GDS) - Butte County and three other State Water Project (SWP) contractors (Napa County, Solano
County Water Agency, and Yuba City) filed litigation in 2008 against the California Department of
Water Resources (DWR) in Sacramento Superior Court seeking interpretation of a provision in our
SWP water supply contract that we claimed gave us an "area of origin" preference to water supplies
from the SWP. Most of the SWP contractors south of the Delta intervened in the litigation. Mediated
settlement discussion started in 2011 and in May 2012 an Agreement in Principle was reached by the
parties. A settlement agreement and amendments to the SWP water supply contracts for the four
Plaintiff SWP contractors were prepared. To comply with CEQA, DWR circulated a Negative
Declaration for the Settlement and adopted the Negative Declaration as the lead agency. The key
provisions of the Settlement Agreement for Butte County are as follows: A) Paragraph 2.2 provides for
a Butte County allocation for use in its service area at much higher levels than South of Delta
allocations which progressively increases to 100% allocation when South of Delta allocation reaches
60%; B) Paragraph 2.3.1 allows Butte County to lease the unused portion of its 27,500 acre feet Table
A amount to other SWP contractors which was not previously allowed by DWR; C) Paragraph 2.5
provides, that DWR will help facilitate Butte County in Table A leases with other SWP contractors; D)
Paragraph 2.7 sets out that DWR will approve leases with Palmdale Water District and the Westside
Districts potentially through 2035. The Settlement Agreement and the right to lease Table A water to
Palmdale Water District and the Westside Districts will produce revenue exceeding $2,000,000 per
year with yearly increases.
BRUCE ALPERT, COUNTY COUNSEL, PROVIDED A REPORT TO THE BOARD.
CELIA HERSHMAN ADDRESSED THE BOARD.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/8/2013
MOTION: I MOVE TO: 1) REVIEW NEGATIVE DECLARATION ADOPTED BY DWR AND ADOPT NEGATIVE
DECLARATION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT AS A RESPONSIBLE AGENCY; 2)
AUTHORIZE CHAIR TO EXECUTE SETTLEMENT AGREEMENT AND RELEASE REGARDING BUTTE COUNTY;
AND 3) AUTHORIZE CHAIR TO EXECUTE AMENDMENT TO THE WATER SUPPLY CONTRACT BETWEEN
THE STATE OF CALIFORNIA DWR AND BUTTE COUNTY. (MOTION: LAMBERT; SECOND:WAHL)
VOTE: Motion APPROVED 5 -0
1318-013 Lincoln Boulevard Highway Safety Improvement Project - At the September 10, 2013 Board meeting,
the Board directed staff to bring back the Lincoln Boulevard Highway Safety Improvement Project for
discussion. The project involved the installation of a raised concrete median and various turn pockets
on Lincoln Boulevard between the Oroville City limits.The staff report provides background and history
on the project and past Board actions.
MIKE CRUMP, PUBLIC WORKS DIRECTOR, PROVIDED A REPORT.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: STEVE TERRY FROM THE OROVILLE
RESCUE MISSION AND GARY HEBERT.
SUPERVISOR TEETER REPORTED EX PARTE COMMUNICATION WITH BUSINESS OWNERS,THE
DIRECTOR OF THE RESCUE MISSION, AND THE CHIEF OF EL MEDIO FIRE DISTRICT.
MOTION: I MOVE TO DIRECT STAFF TO DO A STUDY TO DETERMINE IF A 3 OR 4-WAY STOP WILL IMPROVE THE
ACCESS AND SAFETY AT THIS LOCATION; AND LOOK INTO REMOVAL OF A PORTION OF THE MEDIAN
CLOSE TO PALM. (MOTION: KIRK; SECOND: WAHL)
VOTE: Motion APPROVED 5 -0
1318-014 PUBLIC COMMENT (each speaker limited to five minutes)
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: THOMAS WAHL;JACK LEE; SCOTT
STEENSON; MIKE WACKER;AND VICTORIA COOTS.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/8/2013
1318-015 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. PUBLIC EMPLOYEE EMPLOYMENT, 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
2. 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
3. ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 1 CASE:
KAREN NORTH V COUNTY OF BUTTE; WORKERS' COMPENSATION APPEALS BOARD LEGACY CASE
NO. ADJ7572267 (CLAIM NUMBER: BUAF-536099)
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 ON OCTOBER 22, 2013.
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