HomeMy WebLinkAboutM102114 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/21/2014
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 Connelly, Wahl, Kirk, Lambert and Teeter
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. (none)
CONSENT AGENDA
3.01 Resolution Honoring Retirement - Veda L. Musler - Resolution in recognition of Veda L. Musler upon
her retirement from the Butte County Auditor-Controller's Office after 22 years of service to the
citizens of Butte County-action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(Auditor-Controller)
DAVE HOUSER, AUDITOR-CONTROLLER RECOGNIZED VEDA'S SERVICE TO BUTTE COUNTY. VEDA
MUSLER ACCEPTED THE RESOLUTION. GRACIELA GUTIERREZ, ASSISTANT AUDITOR-CONTROLLER,
PRESENTED A SLIDE SHOW.
3.02 Agreement with California Psychiatric Transitions, Inc. - Amendment A - California Psychiatric
Transitions, Inc. (CPT) operates mental health rehabilitation centers which provide a structured
program to assist clients with the development of skills necessary to transition from supervised care to
independent living. Approval is requested to amend the agreement with CPT to provide additional 24-
hour mental health rehabilitation center services. The term of this agreement will remain July 1, 2014
through June 30, 2015. The maximum financial obligation under this agreement shall not exceed
$81,310 (this is an increase of $30,010 for Fiscal Year (FY) 2014-15) - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.03 District 3 Appointment to the Butte County Mosquito Abatement District (BCMAD) - Supervisor Kirk
submits her nomination to reappoint Charles Bird as District 3 Representative to BCMAD to a term to
end December 31, 2018-action requested - MAKE APPOINTMENT. (Board of Supervisors)
3.04 Fiscal Year 2014 Homeland Security Grant Program - The Board of Supervisors authorized the
Emergency Services Officer to apply for funding under the FY14 Homeland Security Grant Program
(HSGP). The Governor's Office of Emergency Services has approved the grant application in the
amount of $302,112. The grant funds need to be appropriated for the following purposes: $27,000 -
Bomb Suit (capital asset); $25,000 - Mass Casualty Incident Equipment; $21,006 - Stealth Tracking
Equipment; $50,000 - Security Update Chico Fire/Police Department; $4,000 - Incident Rehab
Equipment; $150,000 - Communications Study; $10,000 - County-Wide Training; $15,106 - Grant
Management and Administration - action requested - 1) APPROVE BUDGET ADJUSTMENT (4/5 vote
required);AND 2) AUTHORIZE THE PURCHASE OF CAPITAL ASSET. (Chief Administrative Office)
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/21/2014
3.05 Cash Advance for Housing Rehabilitation Loan Program Activities - On April 28, 2011 the County of
Butte entered into a Grant Agreement with the State Department of Housing and Community
Development (HCD) for the Disaster Recovery Initiative. The total grant award is $7,393,980 and the
activities include housing rehabilitation construction, reimbursement for preparation of the Safety
Element of the General Plan, funding for the Local Hazard Mitigation Plan, improvements to Concow
Road, and grant administration. On June 24, 2014, Butte County executed an agreement with the HCD
for the Home Investment Partnership Program (HOME) to continue the Housing Rehabilitation Loan
Program for owner-occupied housing units. The total grant award is $700,000 and the activities
include housing rehabilitation. On July 29, 2014 the Board of Supervisors approved a $1,000,000 cash
advance from the General Fund for FY 2014-15 to fund rehabilitation activities until reimbursements
are received from the State. Due to the large amount of the grants and the requirement to fully
complete housing rehabilitation projects before seeking reimbursement from the State, staff
recommends increasing the authorized cash advance by $1,000,000 in order to prevent delays to
housing rehabilitation and reconstruction projects. The Department requests the Board of Supervisors
increase the authorized cash advance by $1,000,000 for a total cash advance of up to $2,000,000 from
the General Fund, Support Services Equipment Replacement Fund and Equipment Replacement Fund
to the CDBG Fund. The cash advance will allow rehabilitation and reconstruction activities to continue
for all Housing Rehabilitation Loan Program participants until reimbursement is received from the
State. The cash advance for FY 2014-15 will be paid back by June 30, 2015 - action requested -
APPROVE CASH ADVANCES FROM THE GENERAL FUND (FUND 0010), SUPPORT SERVICES EQUIPMENT
REPLACEMENT FUND (FUND 0043), AND EQUIPMENT REPLACEMENT FUND (FUND 0042)TO THE CDBG
FUND (FUND 0142) OF UP TO $2,000,000 COMBINED TOTAL BETWEEN JULY 29, 2014 AND JUNE 30TH,
2015. (Chief Administrative Office)
3.06 Intergovernmental Agency Agreement with Regional Housing Authority of Sutter and Nevada Counties
for Housing Services - On September 9, 2014, the Board of Supervisors approved submittal of a
Supplemental Activities Request for State Community Development Block Grant (CDBG)Agreement 12-
CDBG-8734 to include Housing Rehabilitation for Single Family Homes in the unincorporated area of
Butte County as a supplemental activity. The Supplemental Activities Request was approved by CDBG.
The Community Development Block Grant is a program of the State Housing and Community
Development Department (HCD) and allows jurisdictions to enter into agreements with Subrecipients
to execute HCD funded activities on the jurisdiction's behalf. A Subrecipient, per HCD, is a
governmental non-profit, private non-profit, or private for-profit agency, which meets certain State
guidelines. An Intergovernmental Agency Agreement is one type of agreement to contractually
manage a Subrecipient relationship. Staff recommends approving an Intergovernmental Agency
Agreement with the Regional Housing Authority of Sutter and Nevada Counties for administration of
the Housing Assistance Services related to CDBG Agreement 12-CDBG-8734 through September 30,
2017. All activities under the agreement are funded through the CDBG grant - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office)
3.07 Approval of Minutes - action requested - APPROVE OCTOBER 7, 2014 BOARD OF SUPERVISORS
MINUTES. (Chief Administrative Office)
3.08 Agreement for Legal Services Between the County of Butte and Curtis &Vander Ploeg, LLP -Approval is
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/21/2014
requested for an agreement with Curtis & Vander Ploeg, LLP for services performed relating to general
county government, employment law, ethics, conflict of interest and Grand Jury proceedings. This
agreement replaces an existing agreement with James Curtis at Shine Compton, APC Law Firm. Fees
are as follows: Attorney - $185/hour and Paralegal - $85/hour. The term of the agreement is
September 23, 2014 through September 22, 2017 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (County Counsel)
3.09 Agreement for Legal Services Between the County of Butte and Griffith & Masuda, A Professional Law
Corporation - Request approval of an Agreement for Legal Services between the County of Butte and
Griffith & Masuda, A Professional Law Corporation, for services performed relating to State Water
Project Table A Water Entitlement, Butte County Well Ordinance, Water Conservation Ordinance
AB3030, County Water Resources Plan, Federal Energy Regulatory Commission (FERC) proceedings,
and other water related issues, as needed. The fees for service are as follows: Attorney/Shareholder -
$220/hour, Attorney/Senior Associate - $210/hour, Public Entity Law Clerk - $80/hour, Paralegal -
$80/hour and Law Librarian and Research Assistant - $60/hour. The term of the agreement is
November 1, 2014 through June 30, 2017 - action requested -APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN. (County Counsel)
3.10 Accept Local Agency Conflict of Interest Code Biennial Notices for Agencies that File Form 700s with
Clerk of the Board - The following districts have reviewed their Conflict of Interest Codes pursuant to
California Government Code section 87306.5(b) and have determined that their agency's code is
current and in no need of revision. County Counsel has reviewed the 2014 Local Agency Biennial
Notices and believes them to be proper: Butte Creek Drainage District; Butte County Board of Law
Library Trustees; Butte County Parole Board; Butte Water District; First 5 Butte County Children and
Families Commission; Gridley-Biggs Cemetery District; Housing Authority of the County of Butte;
Kimshew Cemetery District; Oroville Cemetery District; Paradise Cemetery District; Richvale Recreation
and Park District; Sacramento River Reclamation District; Thermalito Water and Sewer District - action
requested - ACCEPT 2014 LOCAL AGENCY CONFLICT OF INTEREST CODE BIENNIAL NOTICES,
DOCUMENTED BY A MINUTE ORDER. (County Counsel)
3.11 Accept Local Agency Conflict of Interest Code Biennial Notices for Agencies that File Form 700s with
the Elections Office -The following districts have reviewed their Conflict of Interest Codes pursuant to
California Government Code section 87306.5(b) and have determined that their agency's code is
current and in no need of revision. County Counsel has reviewed the 2014 Local Agency Biennial
Notices and believes them to be proper: Butte County Association of Governments; Chico Area
Recreation and Park District; Durham Recreation and Park District; EI Medio Fire District; Feather River
Recreation and Park; Lake Madrone Water District; Lake Oroville Area Public Utility District; Paradise
Recreation and Park District; Richardson Springs Community Services District; Richvale Irrigation
District; Richvale Sanitary District; Rock Creek Reclamation District; and Sewerage Commission Oroville
Region - action requested - ACCEPT 2014 LOCAL AGENCY CONFLICT OF INTEREST CODE BIENNIAL
NOTICES, DOCUMENTED BY A MINUTE ORDER. (County Counsel)
3.12 Accept Local Agency Conflict of Interest Code Biennial Reports for Exempt Agencies - The following
districts have reviewed their Conflict of Interest Code exempt status and have determined that the
conditions for exemption from compliance with Government Code section 87300 still exist. County
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/21/2014
Counsel has reviewed the 2014 Local Agency Biennial Reports and believes them to be proper:
Drainage District No. 1; Drainage District No. 2; Drainage District No. 100; Drainage District No. 200;
Pine Creek Cemetery District; Thompson Flat Cemetery District - action requested - ACCEPT 2014
LOCAL AGENCY CONFLICT OF INTEREST CODE BIENNIAL REPORTS (EXEMPT AGENCY), DOCUMENTED BY
A MINUTE ORDER. (County Counsel)
3.13 Conflict of Interest Code Biennial Notices for School Districts that File Form 700s with Butte County
Office of Education - The following school districts have reviewed their Conflict of Interest Codes
pursuant to California Government Code section 87306.5(b) and have determined that their agency's
code is current and in no need of revision. County Counsel has reviewed the 2014 Local Agency
Biennial Notices and believes them to be proper: Bangor Union Elementary School District; Biggs
Unified School District; Chico Unified School District; Feather Falls School District; Golden Feather
Union School District; Gridley Unified School District; Manzanita Elementary School District; Oroville
City Elementary School District; Oroville Union High School; Palermo Union School District; Paradise
Unified School District; Pioneer Union Elementary School District and Thermalito Union School District-
action requested - ACCEPT 2014 LOCAL AGENCY CONFLICT OF INTEREST CODE BIENNIAL NOTICES,
DOCUMENTED BY A MINUTE ORDER. (County Counsel)
3.14 Resolution Amending the Butte County Conflict of Interest Code -The Political Reform Act (Gov. Code
Sections 81000 et seq.) requires the County to review its Conflict of Interest Code (hereinafter"Code")
biennially to determine if the Code is accurate or, alternatively, if the Code needs to be amended. The
Code was most recently amended by Resolution No. 12-109 on September 25, 2012. Since that
amendment was enacted, positions have been created and deleted through amendments to the
County's classification plan and salary ordinance. County Counsel has reviewed the Code, in
conjunction with all county department heads, and has been determined changes are necessary. Each
of the individuals holding the positions designated in the Code must file an annual Statement of
Economic Interest (Form 700) as described in the resolution and attachments. The attachments
include: Attachment A entitled Conflict of Interest Code County of Butte; Attachment B which is a
revised list of Designated Positions; Attachment C which is a list of Committees and Commissions;
Attachment D entitled Disclosure Categories for Designated Positions; and Attachment E entitled Place
of Filing Statement of Economic Interests - action requested - ADOPT THE RESOLUTION AMENDING
THE BUTTE COUNTY CONFLICT OF INTEREST CODE AND AUTHORIZE THE CHAIR TO SIGN,
DOCUMENTED BY A MINUTE ORDER. (County Counsel)
3.15 Approval of Durham Unified School District's Amendment to Conflict of Interest Code and Local
Biennial Notice - Pursuant to California Government Code section 87306, Durham Unified School
District has reviewed its Conflict of Interest Code and determined it is in need of revision. County
Counsel has reviewed the 2014 Local Agency Biennial Notice and the Amendment to Durham Unified
School District's Conflict of Interest Code and believes them to be proper - action requested - ACCEPT
DURHAM UNIFIED SCHOOL DISTRICT'S AMENDED CONFLICT OF INTEREST CODE AND BIENNIAL NOTICE,
DOCUMENTED BY A MINUTE ORDER. (County Counsel)
3.16 Approval of the Butte County Indian Gaming Local Benefit Committee Conflict of Interest Code - The
Butte County Indian Gaming Local Benefit Committee has adopted a Conflict of Interest Code which is
being submitted for Board approval as the code reviewing body. Included in the staff report are the
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/21/2014
following documents: Resolution of the Butte County Indian Gaming Local Community Benefit
Committee Adopting a Conflict of Interest Code; Appendix A of the Conflict of Interest Code; Written
Explanation of Reasons for Designations and Disclosure Responsibilities for the Butte County Indian
Gaming Local Community Benefit Committee; Declaration of Posting Public Notice relative to Conflict
of Interest Code; Declaration of the Governing Board of the Butte County Indian Gaming Local
Community Benefit Committee and Summary of Proceedings; and Letter from Butte County
Administration to the Butte County Indian Gaming Local Community Benefit Committee members;
Agenda for September 17, 2014 of the Indian Gaming Local Community Benefit Committee; and
organizational chart. County Counsel has reviewed the Butte County Indian Gaming Local Community
Benefit Committee's Code and believes it to be proper - action requested - APPROVE THE BUTTE
COUNTY INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE'S CONFLICT OF INTEREST CODE,
DOCUMENTED BY A MINUTE ORDER. (County Counsel)
3.17 Amendment One to Alliance For Workforce Development (AFWD) to Provide Expanded Subsidized
Employment - Approval is requested for Amendment One to the agreement with AFWD for the
provision of Expanded Subsidized Employment Services to CalWORKs Welfare To Work participants.
AFWD develops and administers the Expanded Subsidized Employment program, which provides
participants with work experience, employment "soft skills", earned income, and strategies to assist
them in transitioning to unsubsidized employment and achieving self-sufficiency. This amendment will
allow AFWD to increase the number of placements in the Expanded Subsidized Employment Program.
The term of the agreement remains January 1, 2014 through June 30, 2015, with a maximum payable
amount of $1,701,822 (FY 2013-14: $240,000 and FY 2014-15: $1,461,822 - an increase of $981,822).
The DESS is also requesting a $387,044 FY 2014-15 budget adjustment to accept and appropriate
unanticipated state revenue to cover the Expanded Subsidized Employment Program in the current
fiscal year - action requested - 1) APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND 2)
APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Employment and Social Services)
3.18 Adoption of the Salary Ordinance for FY 2014-2015 - The Department of Human Resources has
prepared the Salary Ordinance for Fiscal Year 2014-15, which includes details on allocated positions,
and the salary plans for classified positions and elected and appointed officials. The ordinance is based
on Board of Supervisors actions regarding positions and salaries through October 7, 2014. The
effective date of the ordinance is October 21, 2014 - action requested - ADOPT THE SALARY
ORDINANCE FOR FY 2014-15. (Human Resources)
3.19 Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following departments: Library - The Library is
requesting to add one (1) sunset position of Literacy Specialist with a sunset date of June 30, 2015.This
position will be a part of an anticipated new project that will involve coordinating family-based special
events throughout the County and will involve extensive outreach, working with multiple community
partners and fulfilling detailed reporting requirements. This position will not be filled until an
agreement for funding is fully executed and the necessary budget adjustment brought to the Board of
Supervisors for action. The Board is requested to take action at this time so that the recruiting process
can begin, in anticipation of a tight time frame upon funding approval. This change will increase the
total allocations in the department by one (1) position and have no fiscal impact on the County General
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/21/2014
Fund - action requested - ADOPT THE RESOLUTION AMENDING THE SALARY ORDINANCE AND
AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
3.20 Award of Contracts for Janitorial Services at Leased Facilities - The current contracts for janitorial
services at leased facilities have been in effect for almost five years. Request for Proposals, RFP 13-15
was published on August 28, 2014. Proposals were received from three firms. The proposals were
evaluated by representatives from the four departments receiving the services. Based on the
evaluations, it is recommended to award not-to-exceed contracts, which include charges for regularly
scheduled services (Base Cost) and estimated charges related to as needed services (Optional Cost) as
defined in the contracts, as follows: 1) Groups 2 and 3 (BH and PH) - Peerless Building Maintenance:
Base cost - $329,436; Estimated optional cost - $3,064; Total Annual Cost - $332,500; and 2) Groups
1, 4 and 5 (DESS, BH, PH and DCSS) - Clean King by DeHart: Base cost - $77,388; Estimated optional
cost - $1,612; Total Annual Cost - $79,000. Funding for the contracts is contained within the FY 2014-
15 budgets for the Employment and Social Services, Child Support Services, Public Health and
Behavioral Health Departments. The contract periods are November 1, 2014 through October 31, 2016
with options to renew for 3 one-year periods - action requested - AWARD THE CONTRACTS (2) AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (General Services)
3.21 Resolution Adopting the County of Butte Environmentally Preferable Purchasing Policy and Practices -
Butte County must comply with Public Contract Code 12400-12404 (Code) requiring the County to
endeavor to procure goods and services that have a lesser impact on the environment when all other
factors, including cost, are equal or more favorable to the County. The requirements of the Code have
been incorporated into the new Contracts/Procurement Policies and Procedures Manual slated for
Board consideration in spring of 2015. However, until the new Manual is approved,the County lacks an
Environmentally Preferable Purchasing Policy that is required for the County to be eligible to receive
CalRecycle grants for various solid waste programs and Public Works projects. Staff recommends the
Board approve the Resolution Adopting the County of Butte Environmentally Preferable Purchasing
Policy and Practices - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(General Services)
3.22 Lease Origination: 5910 Clark Rd, Suite C, with Signature Services for Occupancy by Behavioral Health -
In an effort to improve management oversight and the delivery of services, the Butte County
Department of Behavioral Health has been working for several years to consolidate leased office space
in the Paradise area into one location at 5910 Clark Road instead of from multiple dispersed locations.
Now that 5910 Clark Road, Suite C, has become available, the Department can complete the process
with this lease for the Behavioral Health Wellness Center. The lease rate will remain flat at $0.77 per
foot for the 1,185 square foot office for the duration of the lease, with a total monthly payment of
$912.45, and is consistent with lease payments for space previously occupied by this program. The
term of the agreement is November 1, 2014 through October 31, 2017, and includes the option to
extend for an additional sixty-month period. Funding for this lease is included in the Department's
budget and requires no additional appropriation - action requested - APPROVE THE LEASE AND
AUTHORIZE THE CHAIR TO SIGN. (General Services)
3.23 Lease Origination: 1370 Ridgewood Dr. #20, Chico with The Garian Partnership for Occupancy by
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/21/2014
Probation Department - The Butte County Probation Department, through its Community Counseling
center located in Oroville, has been providing a variety of educational programs to address barriers to
employment and acceptance. This vocational training offers community service programs, life skills,
substance abuse classes, family support and education, all with the goal to reduce recidivism and to
assist individuals with their successful transition back into the community. The Department now seeks
to expand family support and education services in Chico with additional space in the facility at 1370
Ridgewood Dr. The new lease is for approximately 4,000 square feet of office space, with a rate that
will remain fixed at $0.80 per square foot, for a total monthly payment of$3,200 over the 3 year term.
The term of the lease is November 1, 2014 through October 31, 2017, and includes the option to
extend for an additional sixty-month period. Per the lease,the first 60 days of rent are waived and the
County will begin paying rent January 1, 2015. Funding for this lease is included in the FY 2014-15
budget and requires no additional appropriation - action requested - APPROVE THE LEASE AND
AUTHORIZE THE CHAIR TO SIGN. (General Services)
3.24 Donation: County Surplus Vehicle to the Oroville Union High School District - The Las Plumas High
School, within the Oroville Union High School District, is in need of a vehicle for use within their
Automotive and Metal Program for short transportation tasks, as well as for use as a model in learning
automotive repair. Staff recommends that the Board consider donating a 1995 Ford F250, Serial
#1FTEF25H2SLB27414, from the General Services Department. The vehicle is surplus and is no longer
serviceable for County purposes-action requested -APPROVE THE DONATION. (General Services)
3.25 Notice of Completion: RJ Heuton Construction, Inc., Oroville Park and Ride Lot, 2450 Montgomery
Street, Oroville, CA - On October 14, 2013, the contract for the construction of two parking lots on
County-owned property adjacent to the Oroville Veterans Memorial Hall was awarded to RJ Heuton
Construction, Inc., in the amount of $387,776.11. The project includes storm drainage improvements,
29 regular parking stalls, 4 accessible parking stalls, landscaping, lighting, bike racks, bike lockers, and
other amenities. Funding was provided through the Congestion Mitigation Air Quality (CMAQ) federal
program which has been managed by the California Department of Transportation. In an effort to
better accommodate long term needs and necessary design changes, and to capitalize on contractors
already on site, a total of 19 change orders were implemented. Approximately 1.8% in change orders,
totaling $6,936.10, brought the total construction contract to $394,713.21. The initial construction
work failed to meet design quality requirements and the County required the contractor to reconstruct
portions of the lot to comply with the required design criteria approved by the State. The contractor
has issued Butte County formal notice of a $30,380.70 construction claim to cover the expense of
reconstruction, which the County has rejected. At this time, all work has been inspected and approved
by General Services. Filing a Notice of Completion will allow staff to complete final audits required by
the CMAQ funding source subsequent to the County accepting the project as complete - action
requested - 1) RATIFY CONTRACT CHANGE ORDERS NO'S 1-19; 2) ACCEPT THE CONTRACT WORK AS
COMPLETE AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND 3) DIRECT STAFF
TO FILE THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER. (General Services)
3.26 Fiscal Year 2014-15 Child Health and Disability Prevention and California Children's Services Joint Plan -
Each year, the Public Health Department prepares a Children's Medical Services Plan for submittal to
the State. The purpose of the plan is to summarize the overall program activities that will be
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/21/2014
accomplished within the Child Health and Disability Prevention (CHDP) Program and the California
Children's Services Program (CCS). The CHDP program provides for early and periodic health screening
of children, adolescents and young adults. The CCS program provides financial help for medical care
and physical/occupational therapy for children who have serious or disabling health problems - action
requested - 1) APPROVE SUBMISSION OF THE PLAN TO THE STATE DEPARTMENT OF HEALTH SERVICES;
AND 2)AUTHORIZE THE CHAIR TO SIGN PLAN DOCUMENTS. (Public Health)
3.27 Resolution Authorizing the Director of Public Works to Execute Cooperative Work Agreements -When
a local agency has not completely expended (liquidated) an encumbrance received through federal
and/or state budget authority prior to the date when the funding is programmed to lapse, the agency
may apply for a one-time Cooperative Work Agreement (CWA) to extend the time frame that the
funding is eligible for reimbursement. This must be done prior to the deadline set by the State
Department of Finance (DOF). If local agencies do not apply for a CWA, they are then responsible for
submitting their remaining invoices on time or using their own funds to cover the remaining costs once
the funds have lapsed. It may also be the local agency's responsibility to reimburse any funding already
expended, should the project no longer be pursued. At this time,the DOF is conducting Cycle 11 of the
CWA process for acceptance of extension requests prior to October 24, 2014. Two Butte County
projects are listed with funding scheduled to lapse on December 31, 2014. Both of these projects, the
Oro-Chico Hwy Bike Project, CML-5912(089) and the Bridge Replacement Project on Midway at Butte
Creek, BRLS-5912(085), have been delayed for reasons beyond the Public Works Department's control.
The department has prepared the necessary CWA submittal required to justify to the DOF that there is
critical need to extend the appropriation periods. The resolution approves the CWA application and
authorizes the Director of Public Works to sign on behalf of the Board of Supervisors -action requested
-ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
3.28 Request by the City of Chico for Consent to an Extra-Territorial Property (Easements) Acquisition for a
Storm Drain Bypass Line - The City of Chico recently approached the County requesting an extra-
territorial property (easements) acquisition outside their City boundary. The acquisition is needed for
the City to construct a storm drain bypass system for the Belvedere Subdivision in the eastern portion
of the City. The bypass system will be constructed to the east of Dawcrest Drive and to the south of
East 20th Street on property that is in the unincorporated portion of the County. Specific details of the
project and the necessary easements are included in the request from the City Public Works Director.
State law (Government Code Section 37351) provides for such extra-territorial acquisitions by cities, as
is necessary or proper for their municipal services. In this case because the City/County boundary is so
close to the existing streets it necessitated the City making this request. The new bypass line will be
constructed, owned and maintained by the City and there will not be any County involvement except
to grant their request for the extra-territorial acquisition - action requested - APPROVE THE CITY OF
CHICO'S ACQUISITION OF EXTRA-TERRITORIAL PROPERTY (EASEMENTS) LOCATED WITHIN BUTTE
COUNTY'S JURISDICTION TO ACCOMMODATE THE CONSTRUCTION OF A STORM DRAIN BYPASS FOR
THE BELVEDERE SUBDIVISION ON PROPERTY LOCATED ADJACENT TO THE EASTERLY TERMINUS OF
EAST 20TH STREET AND DAWNCREST DRIVE IN THE CITY AND DIRECT THE PUBLIC WORKS DIRECTOR TO
NOTIFY THE CITY OF CONSENT. (Public Works)
3.29 Capital Asset Purchase - The Sheriff's Office Evidence Bureau has been utilizing outdated software to
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/21/2014
manage the property and evidence tracking and location in storage. The Sheriff's Office completed a
Request for Proposal (RFP) process in January and only received one response from a company that
presented a product that was different to demonstrations staff had observed previously. Last May the
Sheriff's Office contacted the company currently providing an evidence tracking system to the Chico
Police Department and BINTF. EvidenceOnQ demonstrated their Property and Evidence Management
Software Solution to Sheriff's Office staff and it is apparent EvidenceOnQ has a system with an on-
going system support that will meet the needs of the Sheriff's Office Evidence Bureau for years to
come. After refining available system specifications and working with EvidenceOnQ to design a system
and modules most necessary for our application, the total cost of the system is $54,000. Additionally,
the Sheriff's office must purchase a dedicated computer server to maintain the massive data file
storage required for Property and Evidence Tracking. The estimated cost of the computer server is
$12,000. On-going annual software system support is $7,722 which pays for all system updates, 24/7
system support and training-action requested -AUTHORIZE CAPITAL ASSET PURCHASE AND APPROVE
BUDGET ADJUSTMENT. (Sheriff)
3.30 Appointments to First 5 Butte County Children and Families Commission - Pursuant to Butte County
Ordinance 3853, which established the First 5 Butte County Children and Families Commission
(Commission), the Board of Supervisors formally appoints members of the Commission. The
Commission recommends the appointment of Talia Scherquist as Commissioner to a term ending June
30, 2015 and Tim Taylor as Alternate Commissioner to a term ending June 30, 2016 -action requested -
MAKE APPOINTMENTS. (Other departments or agencies)
MOTION: I MOVE TO APPROVE THE CONSENT 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. California State Association of Counties (CSAQ Board of Directors-action requested -APPOINT BOARD
OF SUPERVISORS REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO ONE YEAR TERMS
BEGINNING NOVEMBER 18, 2014.
MOTION: I MOVE TO APPOINT SUPERVISOR KIRK AS REPRESENTATIVE. (MOTION: LAMBERT; SECOND:
CONNELLY)
VOTE: Motion APPROVED 5 -0
MOTION: I MOVE TO APPOINT SUPERVISOR WAHL KIRK AS ALTERNATE REPRESENTATIVE. (MOTION: CONNELLY;
SECOND: KIRK)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/21/2014
VOTE: Motion APPROVED 5 -0
C. 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 REPORTED ON AN OPEN HOUSE TO BE HELD ON OCTOBER 23, 2014 AT THE
SOUTHSIDE OROVILLE COMMUNITY CENTER.
SUPERVISOR KIRK REPORTED THE BUTTE COUNTY BEHAVIORAL HEALTH BOARD MEMBERS TOOK A
TOUR OF THE BUTTE COUNTY JAIL.
SUPERVISOR KIRK REPORTED ON A MEETING AT THE AFRICAN AMERICAN CULTURAL CENTER.
4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
DR. MARK LUNDBERG FROM THE BUTTE COUNTY DEPARTMENT OF PUBLIC HEALTH PROVIDED A
REPORT ON BUTTE COUNTY'S PREPARATIONS RELATED TO EBOLA.
4.03 Items Removed from the Consent Agenda for Board Consideration and Action.
4.04 2015 Board of Supervisors Regular Meeting Calendar - Submitted for consideration is the 2015 Board
of Supervisors regular meeting calendar. Pursuant to Butte County Code section 2-13, regular Board
meetings are held on the second and fourth Tuesday of each month. The Code does allow the Board
to alter that schedule by a majority vote. The 2015 calendar has only one meeting in July and
December 2015 in order to accommodate vacation and holiday schedules. Other regular meetings in
the months of April, May, and September have been proposed on alternate Tuesdays. If additional
meetings are required for any reason, the Board's calendar can be amended by a majority vote, or a
special meeting can be ordered - action requested - APPROVE 2015 BOARD MEETING CALENDAR.
(Chief Administrative Office)
MOTION: I MOVE TO APPROVE THE 2015 BOARD MEETING CALENDAR. (MOTION: KIRK; SECOND:WAHL)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/21/2014
Public Hearings and Timed Items
5.01 9:30 a.m. - Public Hearing - Establish Social Accountability Program (SAP) Diversion Program - The
District Attorney's Office is establishing a new misdemeanor diversion program, the Social
Accountability Program (SAP), for persons cited on holiday events in Chico for Drunk in Public (Penal
Code 647 (f)). Chico is the target for this program because of the number of PC 647(f) citations issued
on holiday events. This will be a volunteer program. The diversion program is intended to help the
overburdened court with misdemeanor cases and increase accountability for offenders to require
them to perform community service and educate them on the dangers of binge drinking. Successful
completion of this diversion program will include: 1)the completion of 16 hours of Community Service
in Chico, to be certified by Chico; 2) completion of the Social Accountability Class,to be certified by the
provider (currently Butte College); and 3) a Certificate of Completion issued by the District Attorney's
Office. The estimate of fines and penalties for a misdemeanor PC 647(f) case are approximately $500-
600. Defendants will be motivated to participate in the SAP because fees are less expensive than court
fines & penalties, and a conviction would not be entered on their record. Citations for Chico holiday
events will no longer be directly filed with the court. The arresting officers would fill out an incident
report and District Attorney misdemeanor deputy district attorneys would determine which cases
meet the criteria and then be offered the SAP diversion program. It is estimated that this will involve
approximately 20-40 offenders per holiday event; 10-20 per arraignment calendar. Participant
expenses in SAP would include: $60 DA Administrative Fee; direct fees to City of Chico;fees to the class
provider. Fees cover the full cost of the program and have been reviewed by the Administrative Office
and determined the calculating conforms with generally accepted accounting practices - action
requested - ADOPT THE RESOLUTION AMENDING THE BUTTE COUNTY MASTER FEE SCHEDULE, WITH
THE RECOMMENDED FEE CHANGES TO GO INTO EFFECT NOVEMBER 20, 2014 AND AUTHORIZE THE
CHAIR TO SIGN. (District Attorney)
MIKE RAMSEY, DISTRICT ATTORNEY, PROVIDED A REPORT. KIRK TROSTLE, CHICO CHIEF OF POLICE,
ADDRESSED THE BOARD.
MOTION: I MOVE TO ADOPT THE RESOLUTION AMENDING THE BUTTE COUNTY MASTER FEE SCHEDULE, WITH
THE RECOMMENDED FEE CHANGES TO GO INTO EFFECT NOVEMBER 20, 2014 AND AUTHORIZE THE
CHAIR TO SIGN. (MOTION: KIRK; SECOND:WAHL)
VOTE: Motion APPROVED 5 -0
5.02 9:45 a.m. -Timed Item - Refuse, Recyclable Materials, and Green Waste Collection Service Franchise -
Introduction of an Ordinance Amending Sections of Chapter 31 of the Butte County Code Entitled
"Solid Waste Collection, Management And Recycling"; Introduction of an Ordinance Amending
Sections of Chapter 31A of the Butte County Code Entitled "Solid Waste Permit Enforcement And
Appeal Independent Hearing Panel"; and Introduction of an Ordinance Deleting Chapter 31B of the
Butte County Code Entitled "Chico Urban Area" - As part of the strategic plan developed for the Neal
Road Recycling and Waste Facility (NRRWF) and previously presented to the Board of Supervisors, staff
recommended consideration of waste collection franchise(s) as a component of a revenue plan
capable of meeting the funding requirements of the NRRWF and related County waste management
PAGE 11
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/21/2014
programs during the planning period of 2012 - 2020. At its June 24, 2014 meeting, staff provided the
Board an update on the process, including the draft franchise agreement and rate setting methodology
manual. The Board approved a motion of intent to approve three (3) franchise agreements. Since that
meeting, staff has finalized the agreements with the haulers and completed revisions to Butte County
Code, Chapter 31, 31A and 31B. Revisions include incorporating Board's authority to award solid waste
collection and recycling franchises under the California Public Resources Code, aligning ordinance and
franchise agreement to resolve conflicting language, and general updates to definitions and references
in the existing ordinance. Haulers have reviewed and agreed to the proposed franchised areas,
agreements and rate methodology. Staff worked closely with Administration and County Counsel
during the development and review of the franchise agreements. A detailed discussion of the
proposed final agreements is presented in the staff report- actions requested -
1) APPROVE FRANCHISE AGREEMENTS WITH WASTE MANAGEMENT, NORTHERN RECYCLING
WASTE SERVICES, AND RECOLOGY (WITH ASSOCIATED MOU) AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER;
2) APPROVE RATE SETTING METHODOLOGY MANUAL;
3) WAIVE FIRST READING OF AN ORDINANCE AMENDING SECTIONS OF CHAPTER 31 ENTITLED
"SOLID WASTE COLLECTION, MANAGEMENT AND RECYCLING", OF THE BUTTE COUNTY CODE;
4) WAIVE FIRST READING OF AN ORDINANCE AMENDING SECTIONS OF CHAPTER 31A ENTITLED
"SOLID WASTE PERMIT ENFORCEMENT AND APPEAL INDEPENDENT HEARING PANEL", OF THE
BUTTE COUNTY CODE; AND
5) WAIVE FIRST READING OF AN ORDINANCE DELETING CHAPTER 31B ENTITLED "CHICO URBAN
AREA", OF THE BUTTE COUNTY CODE. (Public Works)
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, INTRODUCED THIS ITEM. MIKE CRUMP, DIRECTOR OF
PUBLIC WORKS, AND BILL MANNEL, SOLID WASTE MANAGER, PROVIDED A REPORT. CONSULTANT,
ERIC NYLUND PROVIDED A REPORT ON THE RATE SETTING METHODOLOGY.
SUPERVISOR TEETER REPORTED EX PARTE COMMUNICATION WITH DOUG SPEICHER FROM NORTHERN
RECYCLING AND WASTE SERVICES.
VICTOR HELIO WITH RECOLOGY AND TOM SANCHEZ WITH WASTE MANAGEMENT ADDRESSED THE
BOARD.
MOTION: I MOVE TO: 1) APPROVE FRANCHISE AGREEMENTS WITH WASTE MANAGEMENT, NORTHERN
RECYCLING WASTE SERVICES, AND RECOLOGY (WITH ASSOCIATED MOU) AND AUTHORIZE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; 2) APPROVE RATE
SETTING METHODOLOGY MANUAL; 3) WAIVE FIRST READING OF AN ORDINANCE AMENDING
SECTIONS OF CHAPTER 31 ENTITLED "SOLID WASTE COLLECTION, MANAGEMENT AND RECYCLING",
OF THE BUTTE COUNTY CODE; 4) WAIVE FIRST READING OF AN ORDINANCE AMENDING SECTIONS OF
CHAPTER 31A ENTITLED "SOLID WASTE PERMIT ENFORCEMENT AND APPEAL INDEPENDENT HEARING
PANEL", OF THE BUTTE COUNTY CODE; AND 5) WAIVE FIRST READING OF AN ORDINANCE DELETING
CHAPTER 31B ENTITLED "CHICO URBAN AREA", OF THE BUTTE COUNTY CODE. (MOTION: CONNELLY;
SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/21/2014
5.03 10:30 a.m. -Timed Item - Resolutions Supporting and Making Application to LAFCo for the Annexation
of South Oroville Area-A-Currently, the community of South Oroville is outside the City of Oroville in
the unincorporated area of Butte County. It is surrounded on three sides by the City of Oroville, and
for many years there have been discussions within the community that South Oroville should be
annexed into the City. In 2013, a subcommittee of the Board of Supervisors was formed to move
forward discussions related to annexing South Oroville. In 2014, a study was completed evaluating
the fiscal impacts of annexing two South Oroville areas, "Area-A" and "Area-B". Subsequently, Butte
County and the City of Oroville have had ongoing discussions about the annexation of South Oroville
"Area-A". On October 7, 2014, the Oroville City Council adopted a resolution of intent directing staff
to bring back a resolution of authorization for the initiation of application by the City of Oroville for
the annexation of South Oroville "Area-A". On October 21, 2014, the Oroville City Council intends to
consider a resolution directing staff to submit an application for annexation of South Oroville "Area-
A". Administration recommends the Board of Supervisors adopt a resolution of support for the
annexation of South Oroville Area-A and approve a transfer up to $20,000 from the General Fund
Contingency to pay the Butte Local Area Formation Commission (LAFCo) fees associated with the City
of Oroville's application. If the Oroville City Council does not adopt a resolution authorizing the
application, or if an application is not submitted within 30 days of resolution adoption, Administration
recommends the Board of Supervisors adopt a second resolution authorizing the Chief Administrative
Officer to submit an application for annexation, though typically it is either the city or a landowner
that initiates annexation - action requested - 1) FIND THAT THE APPLICATION REQUESTING
PROCEEDINGS FOR ANNEXATION IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA). CEQA EXEMPTION 15319; 2) ADOPT RESOLUTIONS (2) AND AUTHORIZE THE
CHAIR TO SIGN; AND 3) APPROVE BUDGET ADJUSTMENT TRANSFERRING APPROPRIATIONS FROM
GENERAL FUND CONTINGENCIES. (4/5 vote required)
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: LINDA DAHLMEIER AND PASTOR KEVIN
THOMPSON.
MOTION: I MOVE TO: 1) FIND THAT THE APPLICATION REQUESTING PROCEEDINGS FOR ANNEXATION IS
CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). CEQA
EXEMPTION 15319; 2) ADOPT RESOLUTIONS (2) AND AUTHORIZE THE CHAIR TO SIGN; AND 3)
APPROVE BUDGET ADJUSTMENT TRANSFERRING APPROPRIATIONS FROM GENERAL FUND
CONTINGENCIES. (4/5 VOTE REQUIRED) (MOTION: CONNELLY; SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
PAGE 13
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/21/2014
Public Comment(each speaker limited to five minutes)(NONE)
Recess
Recess as the Butte County Board of Supervisors and convene as the as the In-Home Supportive Services
Public Authority Board.
PAGE 14
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/21/2014
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MINUTES
OCTOBER 21,2014
1. CALLED TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
Members present: Supervisors Connelly, Wahl, Kirk, Lambert and Teeter
2. CONSENTAGENDA (No Items)
3. REGULARAGENDA (No Items)
4. PUBLIC COMMENT
LINDA KUGLEMAN ADDRESSED THE BOARD.
5. CLOSED SESSION -ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEM:
CONFERENCE WITH LABOR NEGOTIATOR PURSUANTTO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATOR: CATHI GRAMS,JACK HUGHES& BRIAN RING
EMPLOYEE ORGANIZATION: CUHW
(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.
PAGE 15
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/21/2014
CLOSED SESSION -ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
7.01 CONFERENCE WITH LABOR NEGOTIATOR PURSUANTTO 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;
SKI LLE DTRADES UNIT
7.02 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54956.8:
PROPERTY APNS: 003-180-020; 003-180-021; 003-180-022; and 005-247-003
AGENCY NEGOTIATOR: GRANT HUNSICKER
NEGOTIATIONS: TERMS AND CONDITIONS OF CONVEYANCE
7.03 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 1 CASE:
CRIME JUSTICE & AMERICA, INC., AND RAY HRDLICKA V. PERRY L. RENIFF; USDC - EASTERN DISTRICT
CASE NO. 08-CV-00343.
7.04 SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(2) - 1 POTENTIAL
CASE.
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
NOVEMBER 4, 2014.
DOUG TEETER, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
PAGE 16