HomeMy WebLinkAboutM102715 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES — 10/27/2015
9:00 A.M.- CALL TO ORDER
Called to Order- Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville.
Members present: Supervisors Connelly,Wahl, Kirk, Lambert and Teeter
Pledge of Allegiance
Observation of a Moment of Silence.
CORRECTIONS AND/OR CHANGES TO THE AGENDA
Paul Hahn, Chief Administrative Officer, read the following information into record: 1) Item 3.01 (Introduction
of Ordinance Amending Chapter 21, Entitled "Taxation"), the Assessor has requested that Section 1 in the
Ordinance be amended as follows: "No escape assessments where the tax is $50 or less," instead of $20 or
less. All references to $20 will be changed to $50. The Ordinance that will return to the Board for adoption at
the next meeting will reflect the changes; 2) Item 3.22 (Oakdale Heights SRTS Notice of Completion)—This item
will be removed from today's agenda as there is one additional change order required before work is
complete; and 3) Item 3.24 (Award of Contract for Palermo Road Culvert Rehabilitation) — This item will be
removed from the Consent Agenda for discussion on the Regular Agenda. PW staff will provide a report on the
review of bids which were opened on Thursday, October 22 and make a recommendation for award.
CONSENT AGENDA
3.01 Introduction of Ordinance Amending Chapter 21, Entitled "Taxation," of the Butte County Code -
Regarding Escape Assessments -An escape assessment is a correction to a property's assessed value on
the local property tax roll. The correction is typically made because the Assessor's Office discovered a
property or a taxable event that should have been assessed but was not. The most common reasons for
an escape assessment include: 1) overlooked or unreported new construction; 2) a missed change in
ownership; or 3) removal of an exemption. The Revenue and Taxation Code allows a county Board of
Supervisors to prohibit an Assessor from making an escape assessment of an appraisal unit where that
assessment would result in an amount of taxes due which is less than the cost of assessing and
collecting them, as long as the amount of taxes resulting from the escape assessment would not exceed
$50. The Butte County Assessor recommends that the Board of Supervisors consider an ordinance
prohibiting the Assessor from making an escape assessment of an appraisal unit where that assessment
would result in taxes in the amount of $20 or less - action requested - WAIVE THE FIRST READING OF
THE ORDINANCE. (Assessor)
3.02 Agreement with Youth With a Mission (YWAM) -Springs of Living Water- High School Reach Conference
- YWAM is a conference grounds at Richardson Springs, Chico. It provides accommodations and meals
for conference participants. Approval is requested to enter into an agreement with YWAM - Springs of
Living Water to provide accommodations and meals for high school students attending the High School
Reach for the Future Conference. The term of the agreement will be March 10, 2016 through March 12,
2016. The maximum financial obligation under this agreement shall not exceed $34,821 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015
3.03 Agreement with Youth With a Mission - Springs of Living Water -Jr. High Reach Conference - YWAM -
Springs of Living Water is a conference grounds at Richardson Springs, Chico. It provides
accommodations and meals for conference participants. Approval is requested to enter into an
agreement with YWAM- Springs of Living Water to provide accommodations and meals for Junior High
School students attending the Junior High School Reach for the Future Conference. The term of the
agreement will be March 3, 2016 through March 5, 2016. The maximum financial obligation under this
agreement shall not exceed $34,822 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral
Health)
3.04 Elections Staffing Services Agreement - RUSH Personnel Services, Inc. - The County Clerk-
Recorder/Registrar of Voters is requesting that the Board of Supervisors approve and authorize an
agreement with RUSH Personnel Services to provide seasonal election worker staffing services for the
Elections Division from October 27, 2015, or upon date executed by County, through June 30, 2017, in
an amount not-to-exceed $250,000. Under this agreement, all seasonal election worker staff, such as
process clerks, office assistants, administrative clerks, warehouse specialists, senior warehouse
specialists, field inspectors, and election/precinct officer instructors, will be hired through an outside
personnel service agency to perform voter registration, vote by mail, warehouse, precinct officer
training, and all other election related job functions. The seasonal election workers are required to
work on a seasonal, part-time basis only for limited durations of time based upon department needs.
All temporary staff will be supervised by Elections Division staff. RUSH Personnel covers all payroll costs
including wages, payroll taxes, insurance premiums, workers compensation and unemployment
compensation. RUSH Personnel will assist applicants in filling out employment paperwork, and conduct
background checks prior to applicants starting work - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Clerk-Recorder/Registrar of Voters)
3.05 Amendment One to Agreement with BMI Imaging Systems, Inc. -The Clerk-Recorder has an agreement
with BMI Imaging Systems, Inc. to convert historical documents to electronic images. The current
contract will end on November 8, 2015. The Clerk-Recorder recommends extending the completion
date until the end of the current fiscal year, June 30, 2016, to allow the department to continue the
conversion of historical documents. All other terms and conditions remain the same -action requested
- APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Clerk-Recorder)
3.06 Capital Asset Surplus - The County Clerk-Recorder Department requests the Board of Supervisors to
declare surplus various capital assets that are not used, have been removed from inventory, and are no
longer useful to the department in any capacity. Detailed information on the assets are included in the
staff report. The total original purchase price of the surplus assets was $217,963, and was reimbursed
through the California Secretary of State by the Federal Help America Vote Act (HAVA) of 2002-Section
301 Voting Systems Program and State Proposition 41 Voting Modernization Bond Act of 2002 (VMB)
funding sources. All equipment and supplies purchased using these funds are under strict accounting
and inventory control mandates. Detailed inventory records must be kept to track all activities through
the life span, including when and to whom they are sold. Any proceeds from the sale of assets
purchased with VMB funding will be returned to the State and held for County use in the future;
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015
proceeds from assets purchased with HAVA funds will be retained by the County in a way specified by
the Secretary of State - action requested - 1) DECLARE THE LISTED CAPITAL ASSETS AS SURPLUS; 2)
AUTHORIZE THE DISPOSAL OR SELLING IN ACCORDANCE WITH COUNTY POLICY; AND 3) DIRECT THE
PROCEEDS FROM SALE TO BE HANDLED ACCORDING TO THE SECRETARY OF STATE REQUIREMENTS.
(Clerk-Recorder)
3.07 Fiscal Year 2015 Homeland Security Grant Program - The Board of Supervisors authorized the
Emergency Services Officer to apply for funding under the FY15 Homeland Security Grant Program
(HSGP). The Governor's Office of Emergency Services has approved the grant application in the amount
of $301,423. The grant funds need to be appropriated for the following purposes: card reader entry
system for City of Gridley ($6,100); hand held radios for City of Oroville ($25,000); gate maintenance
and security cameras for Town of Paradise ($23,200); bullet proof vests for various agencies ($157,300);
night vision goggles ($55,000); countywide training ($10,000); countywide exercise ($10,441);
community outreach ($5,000); grant management and administration ($9,382) -action requested -
APPROVE BUDGET ADJUSTMENT. (4/5 vote required) (County Administration)
3.08 Appointments of Nominees in Lieu of Election -Various Special Districts - Pursuant to CA Elections Code
section 10515, in districts where the number of persons who have filed a declaration of candidacy for
director at large does not exceed the number of offices of director at large to be filled, the Board of
Supervisors can appoint the nominees rather than requiring an election. The nominees appointed will
take office at noon on Friday, December 4, 2015 and will serve as if elected. The following Districts have
submitted requests for appointment in lieu of election: Biggs-West Gridley Water District - appoint
Thomas Coleman, Dominic Nevis, and Michael Farr to 4-year terms; Butte Water District - appoint
Ronald Giovanetti and Darin Panteleoni to 4-year terms; Drainage District No. 200 - appoint Brad
Mattson to the remainder of a 4-year term; Lake Madrone Water District - appoint Dennis Nay and
Timothy Beers to 4-year terms and Mike Sanford and Jess Vickery to 2-year terms; Reclamation District
No. 833 - appoint William B. Fiedler to a 4-year term; Rock Creek Reclamation District - appoint James
Strong to a 4-year term and Elvin Bentz to a 2-year term; Sacramento River Reclamation District -
appoint George Roy Roney, Harold L. Dawson, Lynn O. Larsen, and James Strong to 4-year terms; and
Western anal Water District - appoint Eric Larrabee, Bryce Lundberg, and Daniel Robinson to 4-year
terms. After the appointments are made, the Clerk of the Board will issue the Certificate of
Appointment and Oath of Office documents to each appointee - action requested - MAKE
APPOINTMENTS AS REQUESTED. (County Administration)
3.09 Request from Drainage District 100 for Special Election - Pursuant to Elections Code 10004, Drainage
District 100 submits a request for the Board of Supervisors to call a special election for January 25, 2016
for two District Board of Directors whose terms expire in 2015. The District failed to meet the statutory
deadlines required to participate in the November 3, 2015 General election. The District, which is a
landowner voting district, will conduct the special election in the same manner as regular district
elections. Any costs of the special election will be covered by the District. The incumbent directors
whose terms expire in 2015 shall remain in office until re-elected or a qualified successor replaces them
- action requested - CALL A SPECIAL ELECTION FOR DRAINAGE DISTRICT 100 ON JANUARY 25, 2016.
(County Administration)
3.10 Continuation of Local Drought Proclamation - On July 22, 2015, the Chief Administrative Officer
declared a local emergency caused by drought, which was proclaimed by the Governor on January 17,
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015
2014. On July 28, 2015 the Board of Supervisors reaffirmed and ratified the proclamation of local
emergency associated with drought. State law requires that the Board of Supervisors review the need
for continuing the local emergency every 30 days. As the state continues through its fourth year of
drought, Butte County is feeling the effects as the number of landowners with dry wells is increasing. At
this point, the final duration of the emergency has not yet been determined - action requested -
CONFIRM THE NEED FOR CONTINUING THE PROCLAMATION OF A LOCAL EMERGENCY; AND ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
3.11 Approval of Minutes - action requested - APPROVE OCTOBER 13, 2015 MINUTES. (County
Administration)
3.12 CalPERS Reallocation Agreement - Butte County Fair Association - Butte County Fair Association ("Fair
Association") employees have been reported as County employees to CalPERS for purposes of
retirement benefits since the 1940s. According to CalPERS, the County and Fair Association must now
separate Fair Association employees from the County's retirement contract with CalPERS to a separate
contract, in order to accurately report Fair Association employees under the CalPERS retirement system.
There will be minimal impact to the County related to the separation of CalPERS contracts, per the
actuarial cost analysis provided by CalPERS, and changes will only impact the Miscellaneous Plan. The
County's market value of assets will be reduced by approximately $597,000 and the County's unfunded
liability will be reduced by approximately $170,000 (based upon asset and liability values at June 30,
2015. The County's minimum contribution rate will decrease from 13.471% to 13.457%. The plan's
employee contribution rate will remain at 7%. The Fair Association Board of Directors has a number of
actions it must take to implement its own contract. The only requirement for the County in this
separation is to approve the Reallocation Agreement and to provide it to the Fair Association - action
requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
3.13 Amendment One to the Agreement with Counseling Solutions - Approval is requested for an
amendment to the agreement with Counseling Solutions to provide additional parent education
services for parents in the child welfare system. Services shall include the provision of facilitating
resource specialist meetings, parent support groups, nurturing parenting classes, coordinating services
for the Parent Education Experiential Resource Program (PEER), and facilitating PEER groups and
providing in-home visits. These services are provided to parents to help them successfully reunify with
their children who are in out-of-home placements. This amendment provides for an expansion of
services to include facilitation in addition to previously provided coordination services. The term of the
agreement is July 1, 2015 through June 30, 2018 with a contract maximum not-to-exceed $1,125,520 as
follows: fiscal year (FY) 2015-16: $346,880 (an increase of$84, 880); FY 2016-17: $389,320 (an increase
of $127,320): FY 2017-18: $389,320 (an increase of $127,320) - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER. (Employment and Social Services)
3.14 Resolution Proclaiming November 2015 as In-Home Supportive Services Home Care Workers Month -
The Director of the Department of Employment and Social Services requests that the Board of
Supervisors adopt a resolution proclaiming November 2015 as In-Home Supportive Services Home Care
Workers Month - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(Employment and Social Services)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015
3.15 Volunteer Fire Assistance Grant - Fiscal Year 2015/2016 - In FY 2015/2016 the Fire Department applied
for and budgeted for the Volunteer Fire Assistance Grant. The Fire Department received notice that the
Grant has been awarded in the amount of $39,912.60 which includes a $19,956.30 match. The Grant
provides funds to replace worn out personal protective equipment for our Volunteer Firefighters. This
Grant helps fund much needed equipment for the Volunteer Firefighter Program that is not included in
the County Fire Department budget - action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN;AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Fire)
3.16 Contract Amendment with Rod Johnston - On August 26, 2014, the Board of Supervisors awarded the
Resident Inspector Contract for the Hall of Records Project to assist the County in completing technical
on-site inspections to verify that all aspects of the new building complies with the plans, specifications,
and generally accepted building practices. Unforeseen minor plan changes, along with delays caused by
owner changes, contractor delays, and utility company delays have caused the time line for the project
completion to be extended. Staff recommends extending the contract an additional 31 days and
increasing the contract total $14,000,for a new total not-to-exceed cost of$124,000,to compensate for
the additional required inspection services. This cost increase is within the budget allocated for the
Capital Project, and no additional appropriation is necessary-action requested -APPROVE AGREEMENT
AMENDMENT SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR CONTROLLER AND AUTHORIZE
THE CHAIR TO SIGN. (General Services)
3.17 Lease Origination and Budget Adjustment - La Dolce Piazza - The Butte County Department of
Behavioral Health delivers the Administration Support Division (ASD), IT Services and Department
Administration services from the Behavioral Health - Cohasset Road complex at 109 Parmac Road
facility in Chico, under several leases due to terminate in December, 2016. The current location of
approximately 19,970 square feet has a combined monthly rent payment of $22,244.79. The
Department desires to relocate these administrative services to a new location, thus opening leased
space for additional programs better suited to the current Behavioral Health - Cohasset Road complex.
The new location at the corner of East Lassen Avenue and Cohasset Road in Chico has five separate
suites and corresponding lease agreements. The leases total approximately 16,525 square feet with a
rate of approximately $1.30/square feet, for a combined monthly rent payment of $21,555.30 after
rounding, with escalation clauses typical of the current market conditions written into each lease. The
leases all have a termination date of October 31, 2035 and the ability to terminate early due to lack of
funding.The term will allow the Department to utilize State funding sources available only under twenty
year lease terms. Funding for the new leases is included within the FY 2015-16 approved budget and
requires no additional appropriations. To facilitate a smooth construction project, the County will
manage the entire tenant improvement project and utilize a $100,000 landlord contribution. Staff
recommends that the Board approve the new capital project and the budget adjustment of$465,100 to
allow General Services to complete the necessary tenant improvement facility modifications. Following
the bid process, the department will return to the Board to award the construction project - action
requested - 1) APPROVE THE LEASES (5) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER; 2) APPROVE THE BUDGET ADJUSTMENT (4/5 vote
required);AND 3)AUTHORIZE THE CAPITAL PROJECT. (General Services)
3.18 Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following departments: Administration and Human
Resources.These changes will leave the total allocations in the County unchanged.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015
COUNTY ADMINISTRATION: The County Administration Department is requesting to flexibly staff two
FTE (2.0)Administrative Analyst,Associate positions to Administrative Analyst,Associate/Administrative
Analyst to address current operational needs. The total allocations in the department will remain
unchanged, and there will be no budgetary impact to the General Fund.
HUMAN RESOURCES: On September 29, 2015 the Board of Supervisors approved an employment
contract for the Director, Development Services for the term of October 31, 2015 through November 2,
2018 with an annual salary of$170,873. Pursuant to Board Resolution 13-067, establishing that the top
step of Assistant Department Heads salary ranges be set at the range that is closest to twenty percent
(20%) below the actual salary of the respective Department Head, the salary range for the following
classification should be adjusted to reflect this change in the Director of Development Services'
employment contract: Assistant Director, Development Services. The current salary range is 80. The
new salary range will be 81 effective October 31, 2015 - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
3.19 Probation Specialized Supervision Program Grant - The Probation Department applied for and was
awarded $300,000 in grant funds administered by the California Governor's Office of Emergency
Services to fund the Probation Specialized Supervision Program. The purpose of the Probation
Specialized Supervision Program is to enhance or create specialized units within probation departments
to intensively supervise small caseloads of probationers of crimes involving domestic violence, sexual
assault, dating violence, and stalking. The grant covers a three year period from October 1, 2013
through September 30, 2016 ($100,000 per year over three years). The funds will be used by Probation
to cover a full time equivalent Probation Officer position and overtime costs. On March 25, 2014, the
Butte County Board of Supervisors approved the grant award and authorized the Chief Probation Officer
to administer the grant and sign all related documents. It has come to our attention that a signed
resolution from the Butte County Board of Supervisors in support of this program was needed as part of
the grant requirements. This agenda item is a technical correction to the grant application and creates a
resolution for a grant already approved by the Board - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Probation)
3.20 Resolution in Appreciation of Karen Frederick upon her Retirement from Butte County - After twenty-
nine years of service in the Public Health Department-Division of Environmental Health, Karen
Frederick, Supervisor-Support Services, has announced her retirement as of October 29, 2015. The
department wishes to recognize Karen and her years of service-action requested -ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN. (Public Health)
Karen Frederick accepted the resolution. Brad Banner, Environmental Health Director thanked Karen for
her service to the County.
3.21 Oakdale Heights Safe Routes To School (SRTS) Contract Change Orders (CCO) - In June 2015, Franklin
Construction, Inc. of Chico, CA was awarded the Oakdale Heights SRTS Project contract in the amount of
$871,343. CCO number two modifies, either as an increase or a decrease, the engineers estimate at
contract unit prices to reflect the actual quantities used during construction and settle miscellaneous
extra work items at an agreed price. CCO number two is an overall increase to the contract of
$47,147.32. CCO number three is a result of required design changes to the pedestrian ramps on
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015
Walmer Road and provides additional compensation to the contractor for implementing the required
design changes. CCO number three is an overall increase to the contract of$28,025 - action requested -
APPROVE CCO NUMBERS TWO AND THREE AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
3.22 Oakdale Heights SRTS Notice of Completion - In June 2015, Franklin Construction, Inc. of Chico was
awarded the Oakdale Heights Safe Route To Schools (SRTS) Project contract in the amount of$871,343.
The Oakdale Heights SRTS Project includes constructing curb, gutter, sidewalk, pedestrian ramps,
drainage improvements, pavement overlay, pavement markings, reflective pavement markers, fencing,
driver feedback signs, and rapid flashing beacons. All contract work is complete - action requested -
APPROVE THE NOTICE OF COMPLETION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
This item was removed from today's agenda with no action taken.
3.23 Amendment to Blanket Purchase Agreement (BPA) for Right-of-Way Services with Bender Rosenthal
Incorporated (BRI) - On April 9, 2013, the Board of Supervisors approved a BPA with BRI to provide
right-of-way acquisition services for the Lincoln Boulevard, Pedestrian Safety project. The project is
near the end of the right of way acquisition phase, however, due to a number of issues, difficulty finding
property owners, eminent domain issues, difficult negotiations and the number of parcels needing to be
acquired,the BPA should be amended to provide an additional $10,000 to finalize the work.The original
BPA was for $304,400 and the additional $10,000 will increase the not-to-exceed amount of the BPA to
$314,400 -action requested -AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN THE AMENDMENT
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Works)
3.24 Award of Contract: Palermo Road Culvert Rehabilitation Proiect—
This item was removed from the consent agenda for discussion on the regular agenda. Please refer to
pages 9 and 10 of this document.This item was not approved as part of the consent agenda.
3.25 Bay Delta Conservation Plan (BDCP)/WaterFix- For the past eight years, state and federal agencies have
been pursuing the development of the BDCP. On April 30, 2015, state and federal officials announced
that the BDCP process would be replaced by the "California WaterFix" and "California EcoRestore"
projects. The California EcoRestore project will seek to restore more than 30,000 acres of fish and
wildlife habitat over the next three to four years. The California WaterFix project is focused on water
conveyance actions that include the construction of two water conveyance tunnels. In July 2015, state
and federal agencies recirculated their draft EIR/Supplemental EIS (EIR/EIS) on the WaterFix project for
comment. The comment period on the recirculated EIR/EIS documents ends on October 30, 2015. The
proposed BDCP and the EIR/EIS documents released in December 2013 failed to address the concerns
previously raised by Butte County. The recirculated BDCP/WaterFix EIR/EIS remain essentially
unchanged. Additionally, the Department of Water Resources applied for a California WaterFix
contraction permit with the U.S. Army Corps of Engineers. The permit would authorize the construction
of the conveyance tunnels. The comment period on WaterFix construction permit ends on November 8,
2015. On October 7, 2015, the Butte County Water Commission voted to recommend that the Board of
Supervisors send a letter voicing concerns and objections to the BDCP/WaterFix. Another step could be
taken by sending a letter to the U.S. Army Corps requesting that they reject the construction permit
based on the concerns raised by the BDCP/WaterFix letter - action requested - APPROVE LETTERS (2)
AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015
3.26 Reappointments to the Durham Mosquito Abatement District (DMAD) - DMAD has submitted a request
for the following reappointments: Sandra Atteberry and William Dempsey to terms to end December
31, 2017; and John Azevedo, Dave Jessen, and Lance Smith to terms to end December 31, 2019 -action
requested - MAKE APPOINTMENTS. (Other departments or agencies)
3.27 Butte County Law Library Annual Report for FY 2014-15 -The trustees of the Butte County Law Library
submit their annual report - action requested - ACCEPT FOR INFORMATION. (Other departments or
agencies)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE CHANGES TO ITEM 3.01 AS READ INTO RECORD;
WITH ITEM 3.22 REMOVED FROM THE AGENDA; AND WITH ITEM 3.24 MOVED TO THE REGULAR
AGENDA. (Motion: Kirk; Second: Lambert)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA
4.01 Boards, Commissions and Committees
A. Appointments to Listed Vacancies (NONE)
B. Selection of California State Association of Counties (CSAC) Board of Directors Members - Under
provisions of the CSAC Constitution, members of the Board of Directors and alternates are elected by
their respective Boards of Supervisors to one-year terms of office commencing with the first day of the
CSAC annual conference. The 2015 conference, which will be held in Monterey County, starts
December 1, 2015. Any member of the Board of Supervisors is eligible to serve as Director. The new
Board of Directors will meet at the annual conference, first by caucus (urban, suburban and rural) to
nominate CSAC officers and Executive Committee members, and again as a full Board to elect the 2016
Executive Committee and to conduct other business. Under the CSAC Constitution, Executive
Committee members are elected from the membership of the Board of Directors - action requested -
APPOINT BOARD OF SUPERVISORS REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO ONE YEAR
TERMS BEGINNING DECEMBER 1, 2015.
MOTION: I MOVE TO APPOINT SUPERVISOR CONNELLY AS BOARD OF SUPERVISORS REPRESENTATIVE AND
SUPERVISOR WAHL AS ALTERNATE REPRESENTATIVE TO ONE YEAR TERMS BEGINNING DECEMBER 1,
2015. (Motion: Lambert; Second: Kirk)
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 thanked Public Works staff and Franklin Construction for the Oakdale Heights Safe
Route To Schools (SRTS) Project near Las Plumas High School.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015
Supervisor Teeter reported his attendance at a Plumas National Forest meeting regarding over-snow
vehicle usage on Forest Service roads. He requested consensus from the Board for staff to prepare a
letter to the Forest Service requesting information on the reasons for the road closures in certain areas
and requesting explanations as to why this is necessary and how the decision was made. Staff will
prepare a letter for Board consideration on November 10, 2015.
4.02 Update of Current Budget/Legislative Issues by the Chief Administrative Officer-action requested -
PROVIDE DIRECTION TO STAFF.
Paul Hahn, Chief Administrative Officer, reported on the County Administrative Officers Association of
California conference he attended in Monterey County. He informed the Board that all California
counties are struggling with challenges related to marijuana regulations, health care costs for
employees, and the IHSS program.
A. Update on Enforcement of Medical Marijuana Cultivation Restrictions
Chris Jellison, Code Enforcement Supervisor, provided a report on the County's enforcement efforts
related to marijuana cultivation.
Bruce Alpert, County Counsel, informed the Board that Counsel's office is currently working on
amendments to Butte County's marijuana cultivation ordinance. The amendments will be related to the
abatement process, due process, fine and penalties only and are expected to come forward at the
beginning of 2016.
4.03 Items Removed from the Consent Agenda for Board Consideration and Action.
3.24 Award of Contract: Palermo Road Culvert Rehabilitation Project - Project No. 2015-02 - During the
Winter of 2014 Palermo Road, just west of its intersection with Lone Tree Road, experienced a partial
collapse of the road shoulder due to what was determined to be the deterioration of two 48 inch
corrugated metal pipes (CMP). Public Works crews made temporary repairs at the time to shore up the
shoulder with large rock so that further collapse of the road would not occur. Upon further investigation
it was determined that the entire length of both pipes is in need of replacement. The method
determined to be the most expeditious for this site was to rehabilitate the two pipes by slipping two 36"
High Density Polyethylene (HDPE) pipes into the existing CMP structures which will limit the amount of
in-channel work and road closures. Minor extensions of the culvert on the south side of the road will
occur. The roadway section will be partially excavated to repair the compromised road structure. In
order to install the HDPE pipe, approximately 32.3 cubic yards of accumulated sediment will also need
to be removed from the downstream side of the water course. The engineer's estimate is
approximately $100,000 for construction. The project was advertised beginning October 8, 2015 and
bids will be opened on October 22, 2015. Public Works staff will review the bids and determine the
lowest responsible and responsive bidder and prepare a staff memo with the results to be presented to
the Board at the October 27, 2015 Board of Supervisors meeting with a recommendation for award of a
contact-action requested - 1)AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE AND RESPONSIVE
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015
BIDDER AS RECOMMENDED AND PRESENTED; AND 2) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
EXECUTE THE CONTRACT SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
(Public Works)
Tom Fossum, Deputy Director of Public Works, provided a report.
MOTION: I MOVE TO AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER AS
RECOMMENDED AND PRESENTED; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE
CONTRACT SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Motion: Connelly;
Second: Kirk)
VOTE: Motion APPROVED 5 -0
4.04 2016 Board of Supervisors Regular Meeting Calendar-Submitted for consideration is the 2016 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 proposed 2016 calendar has only one meeting in the months
of July and December 2016 in order to accommodate vacation and holiday schedules. 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 THE 2016 BOARD MEETING CALENDAR.
(County Administration)
MOTION: I MOVE TO APPROVE THE 2016 BOARD MEETING CALENDAR. (Motion:Wahl; Second: Kirk)
VOTE: Motion APPROVED 5 -0
4.05 Housing Support Program Funding - In September 2015, the Department of Employment and Social
Services (DESS) submitted a proposal to the State of California requesting funds from the Housing
Support Program (HSP) to assist homeless CalWORKs families in securing safe and stable housing.
Families will receive assistance for rental subsidies, temporary shelter costs, moving related expenses,
utility deposits and payments. On October 2, 2015, the State of California notified DESS that the
proposal for special HSP funding was accepted. The allocation for FY 2015-16 is $575,550. The Board is
requested to accept the HSP allocation - action requested - 1) ACCEPT ALLOCATION OF HOUSING
SUPPORT PROGRAM FUNDING; AND 2) APPROVE BUDGET ADJUSTMENT. (4/5 vote required)
(Employment and Social Services)
Cathi Grams, Director of Employment and Social Services, provided a report.
MOTION: I MOVE TO ACCEPT ALLOCATION OF HOUSING SUPPORT PROGRAM FUNDING; AND APPROVE BUDGET
ADJUSTMENT. (4/5 VOTE REQUIRED) (Motion: Connelly; Second: Lambert)
VOTE: Motion APPROVED 5 -0
PUBLIC HEARINGS AND TIMED ITEMS
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015
5.01 9:30 a.m. - Public Hearing - Consideration of a Resolution of Formation for the Butte County Tourism
Business Improvement District - Butte County coordinated with each of the local jurisdictions and local
tourism stakeholders to complete the Butte County Tourism Strategy and Implementation Plan in
October 2013. One initiative in the Strategy calls for establishing a reliable funding source for regional
tourism, such as a Tourism Business Improvement District (TBID). A TBID is funded by a special benefit
assessment; non-tax funds are raised through a small assessment on lodging stays and then used to
provide services, in this case tourism promotion, directly benefiting the businesses paying the
assessment. Short-term lodging businesses in Butte County that will pay 58% of the assessment under
the Butte County TBID (BCTBID) submitted petitions in July 2015 requesting the Butte County Board of
Supervisors initiate proceedings to form the BCTBID in accordance with the Property and Business
Improvement District Law of 1994. On August 11, 2015, the Board of Supervisors adopted Resolution
15-107 to begin proceedings to establish the BCTBID and set a public hearing for September 29, 2015 to
hear testimony and consider a Resolution of Formation for the BCTBID. The public hearing was
subsequently continued to October 27, 2015. The Resolution also requested each local jurisdiction
consider a Resolution of Consent for the BCTBID. The City of Biggs, City of Chico, City of Oroville, and
Town of Paradise each adopted a Resolution of Consent for the BCTBID.The City of Gridley considered a
Resolution of Consent on October 19, 2015 and the City Council did not adopt the Resolution. The
Resolution of Formation for the BCTBID establishes the district and sets assessments to begin on
November 2, 2015 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(County Administration)
Casey Hatcher, Management Analyst, introduced this item.
MOTION: I MOVE TO CONTINUE THIS ITEM TO THE NOVEMBER 10, 2015 BOARD OF SUPERVISORS MEETING AT
10:15 A.M. (Motion: Lambert; Second: Kirk)
VOTE: Motion APPROVED 5 -0
5.02 9:40 a.m. - Public Hearing - Introduction of Ordinance and Presentation on Property Assessed Clean
Energy (PACE) Programs - Since 2013, the Board of Supervisors has authorized the operation of PACE
programs allowing nonresidential and residential property owners in the unincorporated areas of Butte
County to obtain financing for the acquisition and installation of energy efficiency, water conservation,
and renewable energy improvements to or on their real property and repay the loan through an
assessment on their property tax bill. The County does not provide the financing or administer the
programs and has no liability. The County only assists in the collection of the debt payments by
including them on the property owner's property tax bill. To provide more choices and increase
competition, staff recommends the Board of Supervisors consider participation in three additional
programs and dissolve one existing program that has had no applications. (County Administration)
A. 5.02-A- Resolution Expanding Figtree PACE Program - In 2013,the Board authorized participation in the
Figtree PACE program for nonresidential property owners. To provide more choices and increase
competition, staff is recommending the Board authorize expanding the County's participation in the
Figtree PACE program to include residential properties. PACE programs are operated by third party
administrators. The County does not provide the financing or administer the programs and has no
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015
liability-action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
B. 5.02-13 - Resolution Regarding California Home Energy Renovation Opportunity (HERO) PACE Program
and Agreement Amendment - To provide more choices and increase competition, staff is
recommending the Board authorize participation in the HERO residential PACE program. To allow
participation in the HERO program, the Board is asked to authorize membership in the Western
Riverside Council of Governments joint powers authority as an associate member. PACE programs are
operated by third party administrators. The County does not provide the financing or administer the
programs and has no liability - action requested - ADOPT RESOLUTION AND AUTHORIZE CHAIR TO
SIGN; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHIEF ADMINISTRATIVE
OFFICER TO SIGN. (County Administration)
C. 5.02-C- Resolutions Regarding Ygrene Works for California PACE Programs-To provide more choices
and increase competition, staff is recommending the Board authorize participation in the Ygrene
Works for California PACE programs for residential and nonresidential properties. PACE programs are
operated by third party administrators. The County does not provide the financing or administer the
programs and has no liability-action requested -ADOPT RESOLUTIONS(3)AND AUTHORIZE THE CHAIR
TO SIGN. (County Administration)
D. 5.02-D - Introduction of Ordinance Dissolving Community Facilities District No. 2013-1 and Termination
Agreement - In 2013, the Board authorized 1) the formation of the County of Butte Community
Facilities District No. 2013-1; and 2) an Agreement with Ygrene Energy Fund California, LLC (Ygrene
Energy) to administer and fund a PACE program for nonresidential property owners in the
unincorporated areas of Butte County. The PACE program allowed property owners to apply for
financing for the acquisition and installation of energy efficiency, water conservation, and renewable
energy improvements to or on their real property and repay the loan through an assessment on their
property tax bill. Ygrene Energy never approved a financing application and is no longer accepting
applications pursuant to the Agreement with the County. Staff recommends the Board approve the
termination of the agreement with Ygrene Energy and introduce the ordinance dissolving the County
of Butte Community Facilities District No. 2013-1 formed to allow Ygrene Energy to operate the PACE
program - action requested - WAIVE THE FIRST READING OF THE ORDINANCE AND APPROVE
TERMINATION AGREEMENT AND AUTHORIZE CHAIR TO SIGN. (County Administration)
MOTION: I MOVE TO APPROVE ALL OF THE REQUESTED ACTIONS FOR ITEMS 5.02-A; 5.02-13; 5.02-C; AND 5.02-D.
(Motion: Connelly; Second: Kirk)
VOTE: Motion APPROVED 5—0
5.03 9:50 a.m. - Public Hearing - Update Master Fee Schedule - Clerk-Recorder and Public Works
Department - The Board of Supervisors established the Butte County Master Fee Schedule by
resolution on March 24, 2009. Two departments are recommending adjustments to the Master Fee
Schedule. The Clerk-Recorder is recommending the establishment of fees related to wedding services
including: performing wedding ceremonies, wedding room rentals, offering photos and wedding
certificates with a holder, and the purchase of wedding rings. The Clerk-Recorder also seeks to include
a new fee for the purchase of passport photos. The Public Works Department seeks to adjust certain
Neal Road and Recycling Facility gate fees as authorized by the Board of Supervisors in November of
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015
2012. At that time, the Board of Supervisors approved a gate fee increase to be implemented over a
three-year period. The third and final gate fee update was postponed earlier this year in order to
decrease confusion surrounding the franchise services for waste and recycling services that were
implemented in March of 2015. Each department has included a memo explaining their recommended
adjustments in detail. County Administration reviewed the fee calculations for generally accepted
accounting practices - action requested - ADOPT RESOLUTIONS (2) AND AUTHORIZE THE CHAIR TO
SIGN. (County Administration)
Meegan Jessee, Deputy Administrative Officer, introduced this item. Candace Grubbs, Clerk-
Recorder/Registrar of Voters, provided a report on the fees related to the Recorder's office. Mike
Crump, Director of Public Works, addressed the Board on the gate fees at the Neal Road Waste and
Recycling Facility.
MOTION: I MOVE TO ADOPT RESOLUTIONS (2) AND AUTHORIZE THE CHAIR TO SIGN. (Motion: Kirk; Second:
Lambert)
VOTE: Motion carried 4- 1
YEA: Supervisor Wahl, Supervisor Kirk, Supervisor Lambert, Supervisor Teeter
NAY: Supervisor Connelly
5.04 10:15 a.m. - Timed Item - Library Service Analysis and Recommendations - During July and August
2015, the Library Department undertook a service analysis to examine effectiveness and efficiency of
the Butte County Library system. The results of the analysis show that use of the Library is very high
and that service hours, staff duties and use of automation could be adjusted to better serve Butte
County residents and create greater efficiencies. Subsequent to the initiation of this project, the
Library was the beneficiary of a $330,000 donation. This generous donation was a bequest from the
estate of Martha Dunbar and provides the opportunity to make some strategic one-time investments
in the Butte County Library to improve efficiencies and service to the public on an ongoing basis. Staff
will present several recommendations that will increase library services by strategically investing in
technology to create efficiencies and maximize public service within limited resources - action
requested - ACCEPT THE SERVICE ANALYSIS AS INFORMATION AND PROVIDE DIRECTION TO STAFF ON
THE IMPLEMENTATION OF RECOMMENDATIONS. (Library)
Paul Hahn, Chief Administrative Officer, introduced this item. Mel Lightbody, Director of Library and
Sarah Vantrease,Assistant Director of Libraries, provided a report.
The following individuals addressed the Board: Ron Davis.
Grant Hunsicker, Director of General Services, answered questions from the Board regarding the
purchase and implementation of the radio frequency identification (RFID) systems.
MOTION: I MOVE TO DIRECT STAFF TO IMPLEMENT EACH OF THE 5 RECOMMENDATIONS. (in the staff report).
(Motion:Wahl; Second: Kirk)
VOTE: Motion failed 3 -2 (4/5 vote required)
YEA: Supervisor Wahl, Supervisor Kirk, Supervisor Teeter
NAY: Supervisor Connelly, Supervisor Lambert
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015
MOTION: I MOVE TO DIRECT STAFF TO IMPLEMENT RECOMMENDATIONS # 1 through 4. (in the staff report).
(Motion:Wahl; Second: Kirk)
VOTE: Motion APPROVED 5 -0
MOTION: I MOVE TO DIRECT STAFF TO IMPLEMENT RECOMMENDATION #5 (in the staff report) AND REQUEST A
REPORT BACK IN 18 MONTHS. (Motion:Wahl; Second: Kirk)
VOTE: Motion failed 3 -2 (4/5 vote required)
YEA: Supervisor Wahl, Supervisor Kirk, Supervisor Teeter
NAY: Supervisor Connelly, Supervisor Lambert
BOARD OF SUPERVISORS PUBLIC COMMENT(each speaker limited to five minutes)
The following individuals addressed the Board: John Campbell; Steve Allen; and Gerald Vance.
Recess
Recess as the Butte County Board of Supervisors and convene as the Thompson Flat Cemetery District
Board of Trustees.
PAGE 14
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015
THOMPSON FLAT CEMETERY DISTRICT
BOARD OF TRUSTEES
MINUTES
OCTOBER 27, 2015
The Board of Supervisors became the Thompson Flat Cemetery District Board of Trustees on August 10,
1999. Pursuant to Health and Safety Code Section 9029,the Trustees are required to meet at least once
every three months.This meeting satisfies compliance with that code. No action is required.
1. CALL To ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
Members present: Supervisors Connelly,Wahl, Kirk, Lambert and Teeter.
2. CONSENT AGENDA(No Items)
3. REGULAR AGENDA(No Items)
4. THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES CLOSED SESSION(No Items)
S. PUBLIC COMMENT(NONE)
Adjournment
Adjourned as the Thompson Flat Cemetery District Board of Trustees and convened as the In-Home
Supportive Services Public Authority Board.
PAGE 15
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MINUTES
OCTOBER 27, 2015
1. CALLEDTOORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
Members present: Supervisors Connelly,Wahl, Kirk, Lambert and Teeter
2. CONSENT AGENDA
2.01 New Minimum Wage: In-Home Supportive Services Public Authority Rate Change Request - Assembly
Bill 10 amended Section 1182.12 of the California Labor Code by increasing the minimum wage for all
industries to$10.00 per hour, effective January 1, 2016. Counties with an In-Home Supportive Services
(IHSS) provider wage less than $10.00 per hour (as of December 31, 2015) are required to submit an
IHSS Public Authority rate change request to the California Department of Social Services (CDSS). Butte
County's IHSS provider wages are currently$9.00 per hour. The Department of Employment and Social
Services (DESS) requests the IHSS Public Authority Board's approval to submit the required IHSS Public
Authority rate change request to the CDSS to allow for implementation of the new $10.00 per hour
minimum wage standard, effective January 1, 2016. This cost will be fully covered by State and Federal
revenues under the IHSS Maintenance of Effort agreement - action requested - AUTHORIZE THE
DIRECTOR OF DESS TO SUBMIT THE REQUIRED IHSS PUBLIC AUTHORITY RATE CHANGE REQUEST TO
THE CDSS TO ALLOW FOR IMPLEMENTATION OF THE NEW $10.00 PER HOUR MINIMUM STANDARD,
EFFECTIVE JANUARY 1, 2016. (Employment and Social Services)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. (Motion: Connelly; Second:Teeter)
VOTE: Motion APPROVED 5 -0
3. REGULAR AGENDA(No Items)
4. IHSS PA BOARD CLOSED SESSION(No Items)
S. IHSS PA BOARD PUBLIC COMMENT(each speaker limited to five minutes) Comments to the Board on issues and
items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to
California state law,the Board is prohibited from taking action on any item not listed on the agenda.
Adjournment
Adjourned as the In-Home Supportive Services Public Authority Board and reconvened as the Butte
County Board of Supervisors.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015
CLOSED SESSION-Adjourned to Closed Session on the following items:
7.01 PUBLIC EMPLOYEE EMPLOYMENT,APPOINTMENT, RECRUITMENT, PERFORMANCE EVALUATIONS,
INCLUDING: GOALS, PURSUANTTO GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR
7.02 CONFERENCE WITH LABOR NEGOTIATOR PURSUANTTO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES AND BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA;
DSA- MANAGEMENT/SUPERVISORY UNIT;
DSA-GENERAL UNIT;
BCCOA-SUPERVISORY UNIT;
BCCOA-GENERAL UNIT;
CONFIDENTIAL UNIT;
PPOA- MANAGEMENT UNIT;
NON-REPRESENTED UNIT;
SKILLED TRADES UNIT
7.03 ACTUAL LITIGATION PURSUANTTO GOV. CODE SEC. 54956.9(d)(1) -TWO CASES
A.JACQUELINE DEVLIN V. BUTTE COUNTY AND MICHAEL SANDERSON; BUTTE COUNTY SUPERIOR
COURT CASE NO. 163271; AND
B. MICHAEL SEARS V. COUNTY OF BUTTE; BUTTE COUNTY SHERIFF'S OFFICE;ANDY DUCH;JOHN
KUHN;AND DOES 1 THROUGH 100; USDC-EASTERN DISTRICT COURT, CASE NO. 15-CV-00589-
MCE-CMK.
There were no announcements out of Closed Session.
PAGE 17
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015
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 10, 2015.
DOUG TEETER, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
PAGE 18