HomeMy WebLinkAboutM111814 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 11/18/2014
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 Authorizing the Agreement with the State Department of Health Care Service -The State
Department of Health Care Services (DHCS) standard agreement provides state and federal funding
for a majority of the Department of Behavioral Health's substance use disorder programs. The Butte
County Department of Behavioral Health (BCDBH) requests approval from the Board of Supervisors
to enter into a revenue agreement with DHCS. The term of this agreement is July 1, 2014 through
June 30, 2017. The maximum financial obligation under this multi-year agreement shall not exceed
$8,604,696, broken down as follows: $2,868,232 for Fiscal Year(FY) 2014-15; $2,868,232 for FY 2015-
16; and $2,868,232 for FY 2016-17 - action requested - 1) APPROVE AGREEMENT AND AUTHORIZE
THE DIRECTOR OF BEHAVIORAL HEALTH AND THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (Behavioral Health)
3.02 Agreement with Dignity Health Medical Foundation - Dignity Health Medical Foundation, provides
inpatient psychiatric hospitalization services. The State mandates contracting with managed care
hospitals based on a county's historical utilization. Butte County Department of Behavioral Health
(BCDBH) began drafting the managed care hospital agreements in April but needed to wait for each
"host county" (county in which the hospital exists), to negotiate their rates with the hospital for the
new fiscal year. Once negotiated, their contract must be fully executed by their respective governing
board. The State is notified by the host county of the contracted rates, and all other counties who
contract with the hospital utilize those rates per the direction of the state. Due to these
requirements, agreements with managed care hospitals are typically approved later in the fiscal
year. Approval is requested for an agreement with Dignity Health Medical Foundation to provide
inpatient psychiatric services for clients referred by BCDBH.The term of this agreement will be July 1,
2014 through June 30, 2015. The maximum financial obligation under this agreement shall not
exceed $350,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.03 Agreement with St. Helena Hospital for Behavioral Health - St. Helena Hospital for Behavioral Health
provides inpatient psychiatric hospitalization services.The State mandates contracting with managed
care hospitals based on a county's historical utilization. Butte County Department of Behavioral
Health (BCDBH) began drafting the managed care hospital agreements in April but needed to wait for
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 11/18/2018
each "host county" (county in which the hospital exists), to negotiate their rates with the hospital for
the new fiscal year. Once negotiated, their contract must be fully executed by their respective
governing board. The State is notified by the host county of the contracted rates, and all other
counties who contract with the hospital utilize those rates per the direction of the state. Due to
these requirements, agreements with managed care hospitals are typically approved later in the
fiscal year. Approval is requested for an agreement with St. Helena Hospital for Behavioral Health to
provide inpatient psychiatric services for clients referred by BCDBH. The term of this agreement will
be July 1, 2014 through June 30, 2015. The maximum financial obligation under this agreement shall
not exceed $350,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.04 Agreement with BHC Heritage Oaks Hospital, Inc. - BHC Heritage Oaks Hospital, Inc. provides
inpatient psychiatric hospitalization services. The State mandates contracting with managed care
hospitals based on a county's historical utilization. Butte County Department of Behavioral Health
(BCDBH) began drafting the managed care hospital agreements in April but needed to wait for each
"host county" (county in which the hospital exists), to negotiate their rates with the hospital for the
new fiscal year. Once negotiated, their contract must be fully executed by their respective governing
board. The State is notified by the host county of the contracted rates, and all other counties who
contract with the hospital utilize those rates per the direction of the state. Due to these
requirements, agreements with managed care hospitals are typically approved later in the fiscal
year. Approval is requested for an agreement with BHC Heritage Oaks Hospital to provide inpatient
psychiatric services for clients referred by BCDBH. The term of this agreement will be July 1, 2014
through June 30, 2015. The maximum financial obligation under this agreement shall not exceed
$600,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.05 Agreement with LocumTenens.com, LLC Amendment 1 - LocumTenens is a physician recruiting
agency that provides psychiatrists for placement at commercial and government facilities on a short-
term basis. Due to the shortage of psychiatrists, Butte County Behavioral Health (BCDBH) uses
LocumTenens to supply psychiatrists to work at BCDBH sites as needed. Approval is requested to
amend the agreement with LocumTenens, to increase the contract maximum due to a need of
additional services. There are no changes to rates, and the term of this agreement will remain July 1,
2014 through June 30, 2015.The financial obligation under this agreement shall not exceed $550,000
(this is an increase of$300,000) - action requested -APPROVE THE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Behavioral Health)
3.06 Budget Adjustment and Capital Asset Purchase - Mental Health Services Act Growth Funding - The
Mental Health Services Act (MHSA), or Proposition 63, was passed in November 2004 and imposes a
1% income tax on personal incomes exceeding one million dollars. The MHSA increases funding,
personnel, and resources for community inspired mental health programs and statewide goals for
children, transition age youth, adults, older adults, and families. In August 2014, the Butte County
Department of Behavioral Health received annual Mental Health Services Act growth funds in the
amount of$1.8 million. Approval is requested to accept$450,000 of this funding into the FY 2014-15
budget for one-time MHSA program specific needs which includes a request for approval to purchase
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 11/18/2018
up to fifteen (15) vehicles. The balance of the $1.8 million in growth funds will be held in reserve for
future use - action requested - 1) APPROVE A BUDGET ADJUSTMENT (4/5 vote required); AND 2)
APPROVE CAPITAL ASSET PURCHASE OF UP TO 15 VEHICLES. (Behavioral Health)
3.07 Agreement with North Valley Behavioral Health - Amendment A - North Valley Behavioral Health
(NVBH) operates a licensed 16-bed acute care psychiatric inpatient treatment facility. NVBH provides
psychiatric treatment, rapid stabilization, and coordinated discharge planning that encourages
wellness and recovery with support from community based services. Approval is requested to amend
the agreement with NVBH to provide additional psychiatric inpatient treatment services. There are
no changes to rates, and the term of this agreement will remain September 9, 2014 through June 30,
2015. The maximum financial obligation under this agreement shall not exceed $836,550 (this is an
increase of $349,800) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER.
(Behavioral Health)
3.08 Agreement with Skyway House -Amendment A-Skyway House is a drug rehabilitation facility where
persons suffering from chemical dependency can re-establish their lives in a structured, private
residential facility. Skyway House specializes in residential, short-term (30 days or less) and
residential, long-term (30 days or more) substance abuse treatment programs. Approval is requested
to amend the agreement with Skyway House to provide additional residential and alcohol/drug free
housing for Butte County clients, as well as decrease the alcohol/drug free housing rate to $16.67
per day effective 10/1/14 (this is a decrease of$15.29 per day).There is no change to the residential
rate. The term of this agreement will remain July 1, 2014 through June 30, 2015. The maximum
financial obligation under this agreement shall not exceed $55,934.64 (this is an increase of
$29,882.50) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.09 Budget Adjustment - Federal Drug Medi-Cal Funding - In March 2010, the Affordable Care Act was
signed into law which expands Federal Medicaid to over 15 million men, women and children. With
this expansion, the Butte County Department of Behavioral Health has projected an increase to
Federal Drug Medi-Cal funding in FY 2014-15 to newly eligible clients receiving narcotic treatment
program (NTP) services via the department's contract with Aegis Treatment Centers, LLC. Approval is
requested for a budget adjustment increasing Drug Medi-Cal funding in the amount of$1,077,849 to
support the previously approved increase to contract with Aegis Treatment Centers, LLC - action
requested -APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Behavioral Health)
3.10 Agreement with Tri County Treatment -Amendment A-Tri County Treatment is a drug rehabilitation
facility where persons suffering from chemical dependency can re-establish their lives in a
structured, private live-in facility. Tri County Treatment specializes in residential short-term (30 days
or less) and residential long-term (30 days or more) substance abuse treatment programs. Approval
is requested to amend the agreement with Tri County Treatment to provide additional residential
and alcohol/drug free housing for Butte County clients. There are no changes to rates, and the term
of this agreement will remain July 1, 2014 through June 30, 2015. The maximum financial obligation
under this agreement shall not exceed $50,800.52 (this is an increase of $16,257.02) - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 11/18/2018
REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.11 Agreement with Dora-Linda Lau Wang, M.D. - Dr. Dora-Linda Lau Wang is a licensed physician and
surgeon experienced in the delivery of psychiatric services through telepsychiatry, whereby clients
receive psychiatric services by video-conferencing. Dr. Wang's services will supplement those of
other Butte County psychiatrists. Approval is requested for an agreement with Dr. Wang for the
provision of telepsychiatric services. The term of this agreement be December 1, 2014 through June
30, 2015. The maximum financial obligation under this agreement shall not exceed $167,400 -action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
3.12 Reappointments to the Oroville Cemetery District - request to reappoint Stephen Herr and Mark
Wisterman to the Oroville Cemetery District Board of Trustees to terms to end January 1, 2019 -
action requested - MAKE APPOINTMENTS. (Supervisor Connelly)
3.13 Appointments to the California State Association of Counties (CSAC) - Excess Insurance Authority
Board of Directors - The CSAC Excess Insurance Authority (EIA) was formed as a joint powers
authority in 1979. It is a member-directed risk sharing pool of counties and other public entities
providing risk coverage programs and risk management services. The EIA offers volume discounts
and strategic blending of self-insurance and insurance to its member agencies, including workers'
compensation, general liability, property, medical malpractice, employee health and benefits, and
many other coverages for public entity exposures. Its services include loss prevention, online
training, technology support, legislative review and several cost containment service programs.
Member involvement is a critical component to the success of the EIA. Appointees to the EIA Board
provide time, expertise and leadership by serving on the Board of Directors and through their active
involvement on one or more of the EIA's 16 committees. Greg Iturria, Chief Financial Officer, has
been serving as the County's appointed EIA Board Member. Steve Weston, Manager, Safety and Risk
is currently serving as the Alternate Member. Due to the recent vacancy created by the departure of
the Chief Financial Officer, it is recommended that Steve Weston, Manager, Safety and Risk, be
appointed to serve as the County's Member on the EIA Board of Directors, and Julia Ogonowski, Risk
Management Analyst, Senior, be appointed as an Alternate Member - action requested - MAKE
APPOINTMENTS. (Chief Administrative Office)
3.14 Electronic Records Management Project - In 1995 the Clerk of the Board began implementation of
systems and processes that create, convert and store Clerk of the Board information in electronic
format. In 1996 the first document imaging system was purchased and historical paper documents
were captured as digital images. In 2002 an electronic agenda posting process was developed and
agenda and supporting information became readily available through the County's website. In 2009
the Clerk of the Board records joined the County's electronic document repository system, and in
2011, with the adoption of the Granicus system, the paperless agenda process was started.
Subsequent to these actions, advancements in technology, changes in applicable law, and adoption
of electronic record system standards by the California Secretary of State has resulted in the need for
the Clerk of the Board to re-assess the current project's requirements, policies and procedures, and
technologies for compliance with the defined standards. In order to ensure complete and
transparent preparation and retention history for documents required by statute to be maintained
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 11/18/2018
by the Clerk of the Board, which are now being created electronically, Board approval is requested
for the actions necessary to ensure records created or stored in electronic format (or processes that
have been altered to support electronic records) during the project period have the same guarantees
of authenticity, integrity, protection and availability as required by the adopted regulations. These
actions will also ensure that the history of these documents is traceable through time by future
Clerks of the Board - action requested - APPROVE THE PROPOSED RECORDS REVIEW AND
REASSESSMENT PROJECT FOR STATUTORY CLERK OF THE BOARD DOCUMENTS. (Chief Administrative
Office)
3.15 Approval of Minutes - action requested - APPROVE NOVEMBER 4, 2014 BOARD OF SUPERVISORS
MINUTES. (Chief Administrative Office)
3.16 Agreement for Legal Services with Shaw Valenza LLP - Request approval of and authorize Chair to
sign agreement for legal services with Shaw Valenza LLP for services performed relating to
employment training, MOU drafting and interpretation, employment discipline and other legal
matters. Fees are as follows: Partner and Of Counsel - $350/hr; Associates - $300/hr; Paralegal -
$135/hr; and Investigative Services - $275/hr. The term of this agreement is November 18, 2014
through November 17, 2017 - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (County Counsel)
3.17 Resolution Proclaiming November 2014 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 2014 as In-Home Supportive Services Home
Care Workers Month - action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(Employment and Social Services)
CATHI GRAMS, DIRECTOR OF EMPLOYMENT AND SOCIAL SERVICES, ACCEPTED THIS RESOLUTION.
3.18 Secure Rural Schools and Community Self-Determination Act of 2000 (Federal Fire Safe Funding) - FY
2014-15 - The Federal Forest Reserve Funds under Title III of the Secure Rural Schools and
Community Self-Determination act of 2000 have been extended an additional year. The Board
directed that all community input to this process be funneled through the Butte County Fire Safe
Council in lieu of forming a Resource Advisory Committee.The Fire Safe Council solicited requests for
Title III FY 2014-15 projects by advertisement in local newspapers on July 5, 2014. The application
period closed with proposals received by the Fire Safe Council prior to the close of business on
August 19, 2014. Following approval by the Fire Safe Council, the recommended list of projects was
advertised in the local newspapers initiating a 45-day public comment period on September 6, 2014.
During the public comment period, no correspondence was received by the Fire Department prior to
the end of the 45-day comment period on October 20, 2014. Funds were received in FY 2013-14 but
were re-budgeted in 2014-15. In addition, a master agreement has been developed to contract with
the Butte County Fire Safe Council to implement the HR 1424 projects approved by the Board. A copy
of the agreement is provided for Board consideration and approval. The amount of available funding
for FY 2014-15 will be $28,195. All funds will be administered through the Fire Safe Council - action
requested -APPROVE THE MASTER AGREEMENT BETWEEN BUTTE COUNTY AND BUTTE COUNTY FIRE
SAFE COUNCIL FOR $28,195 FOR THE IMPLEMENTATION OF THE RECOMMENDED FY 2014-15 HR
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 11/18/2018
1424 PROJECTS. (Fire)
3.19 Budget Adjustment for Safety/Security Improvements at Fire Station 72 - Palermo - Fire Station 72,
located in Palermo, has recently been the subject of break-ins, thefts, vandalism and an assault
against a firefighter. The Butte Risk Assessment Team, consisting of representatives from the
Administration, District Attorney, General Services and Human Resources Departments,
recommends the installation of security fencing, a theft resistant video surveillance system, external
lighting and security bars on the windows with an estimated cost of$70,000. Staff recommends the
approval of a budget adjustment transferring $70,000 from General Fund Appropriation for
Contingencies to the General Services Department to fund the project - action requested -APPROVE
THE BUDGET ADJUSTMENT INCLUDING A TRANSFER FROM GENERAL FUND APPROPRIATION FOR
CONTINGENCIES. (4/5 vote required)(General Services)
3.20 Sub-Lease Agreement Origination - 205 Mira Loma Dr. Suite 10, Oroville, with Guillon Inc. for
Occupancy by DESS- Demand for the Adoption and Eligibility programs provided by the Butte County
Department of Employment and Social Services significantly exceeded expectations and the
department requires additional office space to accommodate the volume. Tenants in the adjacent
4,389 square foot office, located at 205 Mira Loma, Suite 10 in Oroville, wish to vacate prior to the
termination date of their lease with the property owner. The property owner has agreed to
terminate the agreement with the existing tenant so that the County can take occupancy. In
addition, the County is able to take tenancy without rent while design and construction of tenant
improvements are completed and the rate will increase during the course of the agreement to end
with the same rate as is currently paid by the Department in the existing space. The rent schedule
for the 45.6 month term, planned to terminate October 31, 2018 is: $0.00 per month from January
10, 2015 through May 31, 2015; $4,406.69 per month from June 1, 2015 through June 30, 2016;
$5,001.79 from July 1, 2016 through June 30, 2017; and $5,091.77 per month from July 1, 2017
through October 31, 2018 (all numbers are rounded). The total lease amount over the term is
$198,776.71 (rounded) - action requested - APPROVE THE LEASE AND AUTHORIZE THE CHAIR TO
SIGN. (General Services)
3.21 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:The
Behavioral Health Department is requesting to delete one (1) vacant flexibly staffed Office Specialist
allocation and add one (1) flexibly staffed Medical Records Technician allocation. This change
continues the standardization of the clinic support staff classifications to the Medical Records
Technician series.This change will leave the total allocations unchanged and have no fiscal impact on
the County General Fund - action requested - ADOPT THE RESOLUTION AMENDING THE SALARY
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
3.22 Acceptance of Grant Award from the First 5 Butte County Children & Families Commission; Approval
of budget adjustment -The Library's Literacy Services has received a grant award in the amount of
$100,000 administered through the First 5 Butte County Children & Families Commission. The focus
of the grant is a project titled 'Music & Movement - Vroom-a-zoom-zoom', which involves Literacy
Services coordinating both early learning workshops for parents/educators emphasizing music and
movement and also family-based concerts throughout the County. Further, this project will involve
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 11/18/2018
extensive outreach as well as working with multiple community partners, including our local
Strengthening Families Network. In order to receive the grant funds and coordinate the program, an
agreement with the First 5 Butte County Children and Families Commission must be approved, and a
budget adjustment must also be approved.The term of the agreement is November 1, 2014 through
August 31, 2015 - action requested - 1) APPROVE A BUDGET ADJUSTMENT (4/5 vote required); AND
2) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER. (Library)
3.23 Tonriha Subdivision - 10th Street Housing Project - Tonriha Subdivision, AP 030-132-017, is located
on the west side of 10th Street approximately 500 feet south of Feather Avenue in the Thermalito
area of Oroville. This project was conditionally approved on June 14, 2007 to divide an 8.77 acre
parcel into 28 residential lots. The original developer, Richard Hall, has since relinquished the
property. The new owner of the property, Enterprise Rancheria of Maidu Indians of California, with
guidance from the Public Works and Development Services Departments, is developing the property
for multi-family residences over the entire parcel. The parcel is zoned Medium-High Density which
allows for up to 14 units per acre.To record the final map in the future,the developer has the option
to build the improvements conforming to the original tentative approved final map. At this time, the
developer has complied with a portion of the Conditions of Approval of the map pertaining to the
roads and utilities and has constructed these required improvements. Approval of building permits
for single family residences on the parcel will require that certain dedications be made on their
behalf - action requested - 1) ACCEPT ON BEHALF OF THE COUNTY OF BUTTE A PORTION OF 10TH
STREET AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ACCEPT ON BEHALF OF THE PUBLIC A PUBLIC
SERVICE EASEMENT ALONG PARCEL FRONTAGE AND A PUBLIC UTILITY EASEMENT OVER ESTOM WAY
AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
3.24 Approval of Butte Meadows Winter Recreation Grant Program Agreements - For nearly 25 years,the
California Department of Parks and Recreation Off-Highway Motor Vehicle Recreation Division has
provided funding for the Over-the-Snow Grant Program in the Butte Meadows area for winter
recreation within Butte County. From 1990 to 2007, the Butte County Sheriff's Office administered
the grant program. In 2007, the Public Works Department took over the grant administration.
Approval is requested for a grant agreement with the State for $180,000 covering three fiscal years,
2014-15, 2015-16, and 2016-17. The Butte Meadows Hillsliders Snowmobile Club (Club) has provided
the grant program operations, since the program's inception in 1990. The Club handles all
operational activities, including the grooming of cross-country ski and snowmobile trails,the plowing
of snow from Butte Meadows to the Jonesville staging area along Humboldt Rd,the clearing of snow,
fallen trees, and debris along access roads and in the staging area parking lot, and the maintenance
of restrooms at the staging area and at the warming hut, which is several trail miles into the Lassen
National Forest. All of these winter recreation program operations are performed pursuant to the
grant requirements. Approval is requested for an agreement with the Club to provide the services
described above for$180,000 covering three fiscal years, 2014-15, 2015-16, and 2016-17. Approval is
also requested for a budget adjustment of$500 in General Fund Appropriation for Contingencies to
reimburse the Road Fund for grant administration costs - action requested - 1) APPROVE
AGREEMENTS AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 2) APPROVE A BUDGET ADJUSTMENT FROM
APPROPRIATION FOR CONTINGENCIES. (4/5 vote required). (Public Works)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 11/18/2018
3.25 Budget Adjustment for County Service Area 128 (CSA 128) -Wildflower Estates -County Service Area
128 (CSA 128) provides street lighting, drainage, and fire protection services for 30 parcels in the
North Chico area. The Butte County Fire Department was notified that a hydrant was leaking at the
corner of Garden Brook Drive and Wild Rose Circle. The leak was sufficient enough to require
shutting off the fire protection well pump that supplies water to the three hydrants within the CSA
until repairs could be made. Public Works entered into an emergency repair contract with M. J.
Shelton to repair the fire protection system for the 30 homes within the CSA. The contractor was
paid by Pubic Works Road Funds and needs to be reimbursed by the CSA - action requested -
APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Public Works)
3.26 Contract Change Order No. 1 and Notice of Completion for 2014 Slurry Seal Project - In May 2014
Windsor Fuel Company of Pittsburg, CA was awarded the 2014 Slurry Seal contract in the amount of
$172,320. The project included the following; implementation of traffic controls, preparation of chip
seal surfaces as necessary, the application of a Type II Slurry Seal on various County roads in the
Thermalito and Oroville Area, application of thermoplastic striping and thermoplastic markings and
the installation of reflective pavement markers. Contract Change Order No. 1 increases the engineers
estimate by $11,169.84 to reflect the actual quantities of material used during the construction of
the project. All contract work has been completed in accordance with the plans and specifications -
action requested - 1) APPROVE CONTRACT CHANGE ORDER NO. 1 AND AUTHORIZE THE CHAIR TO
SIGN; and 2) ACCEPT THE CONTRACT WORK AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF
COMPLETION AND AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION. (Public Works)
3.27 Contract Change Order No. 3 and Notice of Completion for Concow Road Rehabilitation - In June
2014 Knife River Construction of Chico, CA was awarded the Concow Road Rehabilitation contract in
the amount of $1,761,836. The project included the following: implementation of construction
traffic controls; removal of existing storm drain pipe and inlets; installation of corrugated metal pipe
culvert and inlets; installation of underdrains; pulverizing of the existing roadway; compaction of
sub-grade; placement of hot mix asphalt; driveway paving; removal and replacement of metal beam
guard railing; and installation of thermoplastic traffic striping and thermoplastic pavement markings
over an approximate project length of 7.4 miles. Contract Change Order No. 3 settles extra work
claims and increases and decreases the engineers estimate to reflect the actual quantities of material
used during the construction of the project decreasing the contract amount by $89,875.75. All
contract work has been completed in accordance with the plans and specifications -action requested
- 1)APPROVE CONTRACT CHANGE ORDER NO. 3 AND AUTHORIZE THE CHAIR TO SIGN; and 2)ACCEPT
THE CONTRACT WORK AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION AND
AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION. (Public Works)
3.28 Purchase Vehicle for Civil Division - The Sheriff's Office Civil Division maintains a fund comprised of
fees for civil services. This fund allows the Civil Division to maintain and replace vehicles as
necessary. The Sheriff's Office would like to purchase a new fully marked patrol vehicle for the Civil
Division. Marked Units cost approximately $42,000 fully equipped to include installation of
equipment - action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required) AND
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 11/18/2018
AUTHORIZE FIXED ASSET PURCHASE. (Sheriff)
3.29 Mortuary Services - Last year, the Sheriff's Office signed five-year agreements with multiple county
mortuaries to provide mortuary services to the Sheriff's Office Coroner Bureau. Recently, the
Sheriff's Office determined that a change in procedure was necessitated by law. As a result of that
change, the Sheriff's Office now retains custody of the decedent's remains for up to 30 days or until
the decedent's next-of-kin is located. If the decedent's next-of-kin is not located, custody of the
remains is transferred to the Public Guardian. This change has increased the potential
reimbursement threshold for county mortuaries to cover their expense to store decedents at their
facilities. Each mortuary has a different contract maximum due to location and frequency of use.
Contract amendments are: 1) Brusie Funeral Home - Increased contract by $11,408 for a new
maximum payable of$141,408 for the term; 2) Paradise Chapel of the Pines - Increased contract by
$2,852 for a new maximum payable of $52,852 for the term; 3) Newton Bracewell - Increased
contract by $5,704 for a new maximum payable of $90,704 for the term; and 4) Ramsey Funeral
Home - Increased contract by$12,834 for a new maximum payable of$162,834 for the term -action
requested - APPROVE AMENDMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Sheriff)
3.30 Forest Advisory Committee (FAC) - Revised Bylaws and Alternate Member Selection - On September
22, 2014, the FAC reviewed and approved three major changes and some non-material changes to
the FAC Bylaws, and now submit the changes to the Board of Supervisors for consideration. The
recommended changes cover: 1) the Board's selection process for Members and Alternates (there
are currently three (3) openings for Alternates); 2) specifying initial terms for Members and
Alternates in the same area of expertise; 3) authorization of voting rights of Alternates in the
absence of the Committee Member in their designated area of expertise - action requested -
APPROVE AMENDED BYLAWS. (Treasurer-Tax Collector)
3.31 First 5 Butte County Children and Families Commission (BCCFC) FY 2013-14 Annual Audit and
Financial Statements - The BCCFC submits for information the FY 2013-14 annual audit reports and
financial statements as per Ordinance 3555, section 2-100.70 (d). The Ordinance requires the
Commission to submit its annual audit to the Board of Supervisors for information. The Commission
held a public hearing and accepted the audit report in compliance with the Ordinance - action
requested -ACCEPT FOR INFORMATION. (Other Departments or Agencies)
3.32 Butte County Law Library Annual Report for FY 2013-14 - 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. (MOTION: KIRK; SECOND: LAMBERT)
VOTE: Motion APPROVED 5 —0
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 11/18/2018
Regular Agenda
4.01 Boards, Commissions and Committees
A. Appointments to Listed Vacancies (NONE)
B. Board Member/Committee Reports and Board Member Comments
(Pursuant to CA State law,the Board is prohibited from taking action on any item not listed on the
agenda.)
SUPERVISOR CONNELLY CONGRATULATED DIANE BROWN, BUTTE COUNTY ASSESSOR-ELECT ON THE
ELECTION.
SUPERVISOR TEETER REPORTED ON A MEETING OF CALIFORNIA EMERGING TECHNOLOGIES FUND.
4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT TO THE BOARD.
MR. HAHN GAVE THE BOARD AN UPDATE ON THE RESULTS OF THE ELECTION RELATED TO THE
MEASURES A AND B AND HOW THE COUNTY PLANS TO ENFORCE THE MARIJUANA CULTIVATION
ORDINANCE PASSED BY THE VOTERS.
HE ALSO GAVE A REPORT ON THE EFFECTS OF STATE PROPOSITION 47 WHICH WAS APPROVED BY
THE VOTER ON NOVEMBER 4, 2014.
BUTTE COUNTY SHERIFF, KORY HONEA,ANSWERED QUESTIONS FROM THE BOARD MEMBERS
RELATED TO RE-SENTENCING OF INDIVIDUALS UNDER PROP 47 LAWS.
4.03 Items Removed from the Consent Agenda for Board Consideration and Action. (NONE)
4.04* PERS Post-Retirement Employment Exemption - The California Public Employees' (PERS) Pension
Reform Act of 2013 requires newly retired persons to "sit out" for at least 180 days before returning
to work for an employer in the same retirement system from which they receive a retirement
allowance. An exemption to this rule is provided with governing body approval and adoption of a
"Resolution for Exception to the 180-day wait period to hire CALPERS retiree per government code
sections 7522.56 and 21224"that must be submitted to CALPERS.The Sheriff's Office Jail Division has
one Supervisor of Food Services (SFS) that is responsible for managing the commercial jail kitchen
that provides hot meals to over 650 people on a daily basis. The Supervisor, Food Services manages
the jail kitchen staff of five cooks and an inmate work crew trained in cooking. The SFS is also
compelled to maintain a health certified daily menu, tasked with ordering food and supplies and
maintenance of costly commercial grade kitchen appliances. The Sheriff's Office started recruitment
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 11/18/2018
for the position on August 8, 2014 and is hopeful to fill the position shortly. The position requires an
arduous background investigation based on the nature of the position within the jail facility. Once
the new employee is hired to fill the Supervisor position, Mark Campagna,the retiring employee, will
be available to train the new hire. In the meantime, Mr. Campagna will be completing his current
duties on a part-time basis. The Director of Human Resources has reviewed the facts and concurs
that the request is consistent with the exemption outlined in Government Code Section
7522.56(f)(1). Request approval of a resolution allowing the extra-help hiring of Mark Campagna as
the Supervisor, Food Services in the Sheriff's Office jail division -action requested - 1) APPROVE PERS
POST-RETIREMENT EXEMPTION PURSUANT TO SECTION 7522.56 OF THE GOVERNMENT CODE; and
2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff)
SHERIFF KORY HONEA PROVIDED A REPORT.
MOTION: I MOVE TO APPROVE 1) APPROVE PERS POST-RETIREMENT EXEMPTION PURSUANT TO SECTION
7522.56 OF THE GOVERNMENT CODE; AND 2) ADOPT RESOLUTION AS AMENDED AND AUTHORIZE
THE CHAIR TO SIGN. (MOTION: KIRK; SECOND: WAHL)
VOTE: Motion APPROVED 5 -0
4.05 Status Report - Implementation of the Butte County Regional Economic Development Strategy -The
Economic Development Element of General Plan 2030 included Action Item ED.A1.1, which calls for
the creation of a countywide Economic Development Strategy. On January 25, 2011 the Board of
Supervisors approved the Butte County Regional Economic Development Strategy which contained
goals, initiatives, and action items to be attained during the period 2011-2013. On February 11, 2014
the Board of Supervisors approved a revision to the Strategy, extending the life of the Strategy
through 2017 and adding additional action items to support the previously approved goals and
initiatives. The approved action items support the following key initiatives: 1) Grow existing
businesses; 2) Ensure Butte County is a competitive location for new investment; 3) Create a
sustainable reputation for the county; and 4) Improve the coordination of regional economic
development resources and efforts. Per the Board's request, staff is providing a status report of the
implementation of the Butte County Regional Economic Development Strategy - action requested -
NO ACTION REQUIRED. ACCEPT FOR INFORMATION. (Chief Administrative Office)
JENNIFER MACARTHY, DEPUTY ADMINISTRATIVE OFFICER, PROVIDED A REPORT TO THE BOARD.
THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN.
4.06 Financial Report for Fourth Quarter FY 2013-14 and First Quarter FY 2014-15 - The Financial Report
for Fourth Quarter FY 2013-14 and First Quarter FY 2014-15 provides economic, expenditure,
revenue, cash balance, long-term debt and summary information for the periods ending June 30,
2014 and September 30, 2014. The report includes tables and graphs of historical data to help
provide context and demonstrate trends in the economy, expenses, revenues and balances - action
requested - NO ACTION REQUIRED.ACCEPT FOR INFORMATION. (Chief Administrative Office)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 11/18/2018
MEEGAN JESSEE, DEPUTY CHIEF FINANCIAL OFFICER, PROVIDED A REPORT.
THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN.
4.07 U.S. Bureau of Reclamation Long Term Water Transfers Program - On September 30, 2014 the U.S.
Bureau of Reclamation released for public comment a draft Environmental Impact
Statement/Environmental Impact Report (EIS/EIR) on a proposed Long Term Water Transfers
Program. In 2011, the Board of Supervisors submitted a letter on the EIS/EIR scoping document for
the program.The released draft EIS/EIR assesses the impacts from a proposed 10 year water transfer
program that involves willing sellers from northern California and buyers from south of the Delta.
Water transfers would occur through various methods such as groundwater substitution, crop idling,
reservoir releases and conservation. Water transfers could originate from Butte, Colusa, Glenn,
Shasta, Sutter and Tehama counties. The public was afforded only 60 days to review, analyze and
comment on the draft EIS/EIR. The short time frame precluded Butte County staff from conducting a
thorough review or having a discussion and recommendation from the Water Commission. Staff did
conduct a preliminary review and found that the draft EIS/EIR relies on data that are incomplete and
selectively chosen. The draft EIS/EIR contains misleading information, incomplete analyses and
unmitigated significant impacts. The result is that the EIS/EIR fails to meet the requirements of the
National Environmental Policy Act and the California Environmental Quality Act. Staff recommends
that the Board of Supervisors submit a letter highlighting the flaws in the EIS/EIR, request for an
extension of the comment period and a recirculation of a revised EIS/EIR - action requested -
APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation)
PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION, PROVIDED A REPORT.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: ROBERT EVERHARDT AND JOHN SCOTT.
MOTION: I MOVE TO APPROVE THE LETTER WITH LATITUDE FOR COUNTY COUNSEL TO ADD LEGAL LANGUAGE
AND WITH THE AMENDMENTS AS PROVIDED BY TONY ST. AMANT AND AUTHORIZE THE CHAIR TO
SIGN. (MOTION: KIRK; SECOND: WAHL)
VOTE: Motion APPROVED 5 -0
Public Hearings and Timed Items (No items)
Public Comment (each speaker limited to five minutes) (NONE)
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 of Supervisors is prohibited from taking action on any
item not listed on the agenda.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 11/18/2018
Closed Session -ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
7.01 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 3 CASES:
A. LAVIOLETTE V. COUNTY OF BUTTE; BUTTE COUNTY SUPERIOR COURT NO. 159472;
B. CRIME JUSTICE &AMERICA, INC., AND RAY HRDLICKA V. PERRY L. RENIFF; USDC- EASTERN DISTRICT
CASE NO. 08-CV-00343; AND
C. COUNTY OF BUTTE V. ENGINEERED CONTROL SYSTEMS, INC.,TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA; JAMS ADMINISTRATIVE HEARINGS CASE NO. 1130005713.
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
DECEMBER 9, 2014
DOUG TEETER, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Paul Hahn, Chief Administrative Officer
and Clerk of the Board
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