HomeMy WebLinkAboutM102312 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/23/2012
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 Yamaguchi
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
1220-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, READ THE FOLLOWING CORRECTION INTO
RECORD REGARDING ITEM 3.02: ON LINE 7 OF THE ITEM – THE SENTENCE BEGINNING WITH
"THE UNSPENT FUNDS..." SHOULD READ: "THE UNSPENT FUNDS WERE ATTRIBUTED TO ONE
VACANT INVESTIGATOR POSITION, ONE VACANT EXTRA HELP POSITION AND FOR THE
REASSIGNMENT OF ANOTHER EXTRA HELP INVESTIGATOR......."
1220-002 CONSENT AGENDA
1. Resolution Recognizing October 22 -October 28, 2012 as Suicide Prevention Week
2. Budget Adjustment-The California Department of Insurance (CDI)fraud grant time line provides notice of
grant awards in August. The District Attorney includes an estimated workers' compensation grant budget
in the annual county budget and adjusts after award notice. The fiscal year (FY) 2012-13 adopted county
budget includes an estimate of$200,000 for workers' compensation fraud. In August 2012, CDI notified an
award amount of $108,600. The FY 2011-12 grant has unspent funds of $62,759 which is held in a
restricted cash account. The unspent funds were attributed to one vacant investigator position, one
vacant extra help position and for the reassignment of another extra help investigator The pe—t f--Rd-s
.+ of ethe.-e;it a help ; tigatBF due to a decreased workers' compensation workload. CDI
allowed $39,227 could be retained and added to the first award, resulting in a total FY 2012-13 grant of
$147,827 and the remaining unspent amount of $23,532 should be returned to CDI. Budget actions are
needed to align the department budget with the grant award and approval to utilize unspent funds.
3. Lease Origination with Signature Services for Occupancy of 5910 Clark Road, Suites H/I, Paradise - The
Butte County Department of Behavioral Health (BCDBH) currently provides Community Counseling
services at 5910 Clark Road, Suites H and I in Paradise, under a lease in hold over status. The existing rate
runs approximately $.8320687 per square foot for the 2,736 square foot facility, with a total monthly
lease payment of $2,276.54. Under the new lease agreement, the rent payment will remain fixed for 36
months at the rate of$0.75 per square foot for a total payment of$2,052 per month saving over $8,000
during the term of this agreement planned to terminate October 31, 2015. Funding for this lease is
identified within the approved BCDBH FY 2012-13 budget and requires no additional appropriation.
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/23/2012
4. Lease Origination with Signature Services for Occupancy 5910 Clark Road, Suite W, Paradise - BCDBH
currently provides Community Counseling services through 5910 Clark Road, Suite W, in Paradise, under a
lease in hold over status. The existing lease rate runs approximately $.8943558 per square foot for the
2,585 square foot facility, with a total monthly lease payment of $2,311.91. Under the new lease
agreement, the rent payment will remain fixed for 36 months at the rate of $0.75 per square foot for a
total payment of$1,938.75 per month saving over $13,000 during the term of this agreement planned to
terminate October 31, 2015. Funding for this lease is identified within the approved BCDBH FY 2012-13
approved budget and requires no additional appropriation.
5. Lease Origination with the South Feather Water and Power Agency for Occupancy of the Sunset Hill
Communication Site - The Sunset Hill Communication Tower is an integral part of the Butte County
Information Systems backbone structure and will continue to be an important link as the County moves
forward to comply with the newly mandated Federal Communications Commission (FCC) radio frequency
requirements. The current site lease agreement, with a $650 per year lease rate, has expired. The new
site lease agreement, with an annual payment of $721, remains well below market and offers a planned
termination date of December 31, 2016, with the option to extend for an additional five years. Funding
for the lease payment is included in the Information Systems approved FY 2012-13 budget, and no
additional appropriation is required.
6. Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following departments: Behavioral Health, Public
Health, and Human Resources.These changes will increase the total allocations in the County by one term
position.
Behavioral Health: The department is requesting to delete one (1) vacant position Supervisor, Behavioral
Health Counselor and add one (1) position of Supervisor, Mental Health Clinician. This will allow for a
licensed supervisor which creates more flexibility and ability to work with the department?s licensed staff.
These changes will leave the total allocations in the department unchanged and have no fiscal impact on
the County General Fund.
Public Health: The department is requesting to add one (1) term position of Nutrition Specialist,
Senior/Nutrition Specialist with a term date of December 31, 2013. This position is being added to backfill
for a position due to a long-term medical leave of absence. The position will be assigned to the Women,
Infant Children Program (WIC) and will be 100% federally funded. These changes will increase the total
allocations in the department by one (1) term position and have no fiscal impact on the County General
Fund.
Human Resources: After much discussion and analysis with the Public Health Department, the Human
Resources Department is requesting to change the salary range for the following classifications:
Occupational Therapist; Occupational Therapist, Senior; Physical Therapist; Physical Therapist, Senior;
Supervisor,Therapist. The salary ranges are detailed in the staff report.
All of the classifications listed above are part of the California Children?s Services (CCS) Program. CCS is a
mandated program which serves disabled children in California. In Butte County we have 800 children
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/23/2012
who are enrolled in our program, 135 of which receive medically necessary physical (PT) and occupational
therapy (OT) through our CCS program. These professional positions are in high demand and command
commensurate salaries. Traditionally counties have had difficulty recruiting these professionals because
the salaries paid in private therapy practices far exceed the salary ranges in local government. Such is the
case in Butte County, where we have not adjusted the salaries since October 2007. OT and PT
recruitments have been running continuously for the majority of the time since 2007. Over this period of
time,there have been no qualified applicants to make any of the eligibility lists.
Approval of this request will be a welcome improvement to the salaries of these critical and mandated
positions. These changes will increases costs in the Public Health Department by $50,135 for the current
fiscal year, which will be covered within the Department's existing budget. CCS services are funded by a
combination of State funding and local Realignment funding. There is no fiscal impact on the County
General Fund.
7. Authorization to Award Project to the Lowest Responsive and Responsible Bidder for the Construction of
Module 4, Phase E at the Neal Road Recycling and Waste Facility (NRRWF), County Project No. 757-5918-
The Butte County Department of Public Works continues to work on short and long range plans for the
NRRWF. The excavation and lining of Module 4, Phase D was completed in 2009 and 2011 respectively.
Module 4, Phases A, B, C and D continue to receive waste but may reach capacity in late 2013. Therefore,
it is necessary to construct a base-liner expansion within the limits of Module 4. This expansion, Phase E,
will provide continued disposal capacity until the final liner expansion within Module 4 is required,
estimated in FY 2014-15. The construction of Module 4, Phase E project was authorized for
advertisement at the September 11, 2012 Board of Supervisors meeting. Three bids were received and
opened on October 9, 2012. The low bidder was R & R Horn Contractors, Inc. of Chico, CA. The
department has sufficient fund appropriation in the current fiscal year for this project. There is no impact
to the County General Fund. The bid amount from R & R Horn Contractors, Inc. was 24.61% above the
engineer's estimate of$559,866.The low bid amount was$720,824.
Public Works did receive a protest from Anderson Dragline, Inc., alleging that R& R Horn did not meet the
experience requirement contained in the bid documents. Following an investigation by the department, a
letter was sent to Anderson Dragline, Inc. denying their protest. A copy of the letter is contained within
the staff report.
8. Capital Asset Purchase - The Neal Road Recycling and Waste Facility (NRRWF) needs to replace a dozer
due to its age. NRRWF proposes to lease-purchase a new dozer that will meet the requirements of the
California Air Resources Board requirements. Cost of the new dozer is $678,923, including taxes and 60-
month, 7,500 hour extended warranty. Annual lease payments of $117,858 will be budgeted as part of
the facility's operating budget. Proceeds from the sale of the surplus asset (dozer #269) will pay for the
first year lease for the new dozer.
9. Treasurer's Investment Report - The Treasurer-Tax Collector submits the Monthly Investment Report for
September 30, 2012, in accordance with the Butte County Statement of Investment Policy dated July 1,
2012.
10. RT Lawrence (RTL) Corporation - The RTL Remittance Processing System will interface with the County's
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/23/2012
Megabyte Property Tax System to electronically cross-reference, research, post and scan tax payments
directly into Megabyte at a rate of 3,000 to 6,000 per hour. It will also provide a direct image retrieval link
in Megabyte, generate electronic files to be transmitted directly to the bank, look up and validate account
information. The RTL system has already been successfully tested and implemented in several other
counties, which will significantly reduce Butte County's initial software development costs. The RTL
contract includes on-site installation and testing, as well as initial and ongoing staff training. On
September 11, 2012, the Board authorized a budget adjustment to purchase this capital asset and
afforded the Treasurer-Tax Collector the necessary authority to make the purchase. The total cost of this
one year contract is not-to-exceed $47,674.90. The Treasurer-Tax Collector's FY 2012-13 budget includes
appropriations for components of a remittance processing system.
11. Brown and Caldwell -The County of Butte has been awarded grant funds from the California Department
of Water Resources (DWR) through Proposition 50 to conduct the Lower Tuscan Aquifer Monitoring,
Recharge and Data Management Project (the Project). On January 12, 2009, Butte County entered into a
contact with Brown and Caldwell to conduct specific tasks associated with the Project for a period that
ends on December 31, 2012. In August 2012, Butte County and DWR amended the termination date of
the Project from December 31, 2012 to June 30, 2013. The purpose of the no cost contract amendment is
to afford ample time for adequate public outreach. The Department of Water and Resource Conservation
requests that the contract with Brown and Caldwell be extended from December 31, 2012 to June 1,
2013.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE CORRECTION TO ITEM 3.02 AS READ INTO
RECORD. (MOTION: KIRK; SECOND:YAMAGUCHI )
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA
1220-003 Boards, Commissions and Committees
1. Appointments to Listed Vacancies (NONE)
2. Board Member or Committee Reports
SUPERVISOR KIRK REPORTED ON THE TREASURY OVERSIGHT COMMITTEE MEETING.
1220-004 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/23/2012
1220-005 Reinvestment Strategy Workshops - The previous ten years have been among the most dynamic in
the history of California public finance. Unusually high revenue growth was followed by the largest
financial collapse since the Great Depression. The County has since entered into a period of relative
stability, and some indicators are suggesting that within a few years we may see better times; a
period of slow and steady revenue growth. As the next phase of the recovery begins, it is an
opportune time to begin the conversations that will help shape the future. To that end, a series of
workshops is being recommended to identify needs, discuss options, and create priorities for
reinvesting in the organization. To achieve an orderly, well-thought out process, it is recommended
that the Board hold two separate workshops, at minimum, separated by enough time to allow Board
members and interested parties to think and reflect on the topics. By taking time to discuss,
deliberate, analyze and prioritize, the Board will be creating a pathway to follow with well thought-
out choices vetted through open dialogue with interested stakeholders.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
MOTION: I MOVE TO APPROVE THE PROCESS TO DISCUSS REINVESTMENT STRATEGIES; DIRECT THE CHIEF
ADMINISTRATIVE OFFICER TO SET TWO BOARD WORKSHOPS EARLY IN CALENDAR YEAR 2013.
(MOTION: KIRK; SECOND:YAMAGUCHI )
VOTE: Motion APPROVED 5 -0
1220-006 Williamson Act Program Enforcement - LCA11-0002 (APNs 022-040-068 and 073) - This item was
continued by the Board of Supervisors to its October 23, 2012 meeting at the request of the property
owner. The item consists of County-initiated partial non-renewal of the Elna Schohr (1980) Land
Conservation (Williamson) Act contract. Staff and the Williamson Act Advisory Committee have
concluded that several parcels within this contract are out of compliance with the County's
Williamson Act program. Staff requests the Board's direction regarding which of the following two
alternatives to implement in order to enforce this contract and the County's Williamson Act program:
1) File a Notice of Partial Non-Renewal of the contract for APNs 022-040-068 and 022-040-073; - OR-
2) Work with the property owner to submit: a) an application for a land division to separate off the
parcel with the residence, or an application for removal of the residence; b) an application for non-
renewal of the single-family parcel created by the land division (if any); c) an application for contract
rescission and amendment for wildlife habitat for the remainder of the property; and d) applicable
fees. Initiate non-renewal if the applicant fails to submit these applications within 90 days.
PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES AND CLAUDIA STUART,
PRINCIPAL PLANNER PROVIDED A REPORT.
MOTION: I MOVE TO DETERMINE THAT APNS 022-040-068 AND 022-040-073 ARE OUT OF COMPLIANCE WITH
THE COUNTY'S WILLIAMSON ACT PROGRAM AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF
NON-RENEWAL. (MOTION:YAMAGUCHI; SECOND: WAHL)
VOTE: Motion APPROVED 5 -0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/23/2012
1220-007 Use Permit UP09-0012 - Universal Life Church of Chico/Robert L. Seals - Use Permit UP09-0012
(Universal Life Church of Chico/Robert L. Seals; Michael G. Evans, Authorized Agent) was considered
at a noticed public hearing on July 31, 2012 as an appeal by the applicant of a May 10, 2012 Planning
Commission decision to deny Use Permit UP09-0012. At the July 31, 2012 hearing, the Board of
Supervisors adopted a Motion of Intent directing staff to prepare a draft resolution supporting denial
of the Use Permit for the October 23, 2012 meeting. Since the July 31, 2012 Board appeal hearing,
issues have been raised regarding Butte County's consideration of Use Permit UP09-0012 under
requirements of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). Staff has
also reviewed comments submitted regarding the Revised Draft Initial Study, Mitigated Negative
Declaration and Mitigation Monitoring Plan (Draft IS/MND) prepared for Use Permit UP09-0012. As a
result of issues raised regarding the requirements of RLUIPA and the comments received on the Draft
IS/MND, staff is recommending that the Board's July 31, 2012 Motion of Intent be vacated and the
application remanded for further consideration by the Planning Commission.
PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES AND CHUCK
THISTLETHWAITE, PLANNER MANAGER PROVIDED A REPORT TO THE BOARD.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: JAMES BRAZIEL; LAURA
JOPLIN; DAVID MILLER; KATHERINE MILLER; AND PATRICK GOLD.
BRUCE ALPERT, COUNTY COUNSEL ANSWERED QUESTIONS FROM THE BOARD.
MOTION: I MOVE TO VACATE THE JULY 31, 2012 MOTION OF INTENT REGARDING USE PERMIT UP09-0012 AND
REMAND THE APPLICATION TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION.
(MOTION:YAMAGUCHI; SECOND: CONNELLY)
VOTE: Motion carried 4- 1
YEA: Supervisor Lambert, Supervisor Connelly, Supervisor Kirk, Supervisor Yamaguchi
NAY: Supervisor Wahl
PUBLIC HEARINGS AND TIMED ITEMS (NO ITEMS)
PUBLIC COMMENT (each speaker limited to five minutes) (NONE)
RECESS:
RECESSED AS THE BUTTE COUNTY BOARD OF SUPERVISORS
AND CONVENED AS IN-HOME SUPPORTIVE SERVICES PUBLIC
AUTHORITY BOARD.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/23/2012
IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD
OCTOBER 23, 2012
MINUTES
CALL TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville
Members present: Connelly Wahl, Kirk, Lambert and Yamaguchi
CONSENT AGENDA (No Items)
REGULAR AGENDA (No Items)
PUBLIC COMMENT(each speaker limited to five minutes) (NONE)
1211-001 CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: CATHI GRAMS,JACK HUGHES& BRIAN RING
EMPLOYEE ORGANIZATION: CUHW
(This closed session item will be held contemporaneously with the Board of Supervisors Closed
Session)
ADJOURNMENT:
ADJOURNED AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC
AUTHORITY BOARD AND RECONVENED AS THE BOARD OF
SUPERVISORS
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 10/23/2012
1220-008 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a): 3 CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO SUPERIOR COURT CASE
NO. 016338;
3. COUNTY OF BUTTE, COUNTY OF PLUMAS v. DEPARTMENT OF WATER RESOURCES,YOLO CO. SUP.
CT CASE NO: CV09-1258.
(This closed session item will be held contemporaneously with the In-home Supportive Services
Closed Session)
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
NOVEMBER 6, 2012.
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