HomeMy WebLinkAboutM121013 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
9:00 A.M.—CALL TO ORDER
Call to Order- Board of Supervisors Room, County Administration Building, 25 County Center Drive,
Oroville.
Members present: Supervisors Connelly Wahl, Kirk, Lambert and Teeter
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
1322-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
A MEMBER OF THE PUBLIC REQUESTED ITEM 3.26 (GENERAL ASSISTANCE RATE INCREASE
EFFECTIVE JANUARY 1, 2014) BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON
THE REGULAR AGENDA.
SUPERVISOR TEETER ANNOUNCED THAT HE WAS RECUSING HIMSELF FROM THE VOTE ON
ITEM 3.07 (AGREEMENT WITH YOUTH FOR CHANGE) DUE TO HIS WIFE'S EMPLOYMENT AT THE
AGENCY. CHAIR CONNELLY SUGGESTED THAT THE BOARD ACT ON THAT ITEM FIRST.
1322-002 Youth For Change - 6th Street Center - Youth for Change (YFC) is a nonprofit, public benefit
organization that is licensed by the State of California to provide specialty mental health treatment
and support services in the community. YFC specializes in community collaboration which supports
the healing of children and families. Approval is requested to amend the agreement with YFC for
the 6th Street Center. The amendment would extend the term of the agreement through June 30,
2014, while also increasing the contract maximum based on a full year budget. The department
had planned to solicit a Requests For Proposal (RFP) prior to December 31, 2013 which was
delayed. The department now plans to solicit the RFP for FY 2014-15. The term of this agreement
began July 1, 2013 and will terminate on June 30, 2014. The maximum financial obligation under
this agreement shall not exceed $460,700 (this is an increase of$203,064).
MOTION: I MOVE TO APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (MOTION: KIRK; SECOND:
LAMBERT)
VOTE: Motion carried 4-0
RECUSED: Supervisor Teeter
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
1322-003 CONSENT AGENDA
1. Compliance Review of the Social Security Truncation Program - In compliance with California
Government Code section 27361, the Butte County Auditor-Controller's Office conducted an agreed
upon procedures review of the Butte County Clerk-Recorder's Social Security Number (SSN)Truncation
Program.This is the first of two required program compliance reviews.The review period was March 1,
2008 through June 30, 2013. The objectives of the review included: 1)to determine if funds generated
by the program are used only for the purpose of the program; 2) to determine the progress of the
County Recorder in truncating recorded documents pursuant to California Government Code Section
27301; and 3) to estimate any ongoing costs to the County Recorder in complying with the
requirements of California Government Code section 27301, subdivisions (a) and (b). This agreed upon
procedures review was conducted in accordance with Generally Accepted Governmental Auditing
Standards. The review concluded that the County Recorder has used funds generated by the SSN
Truncation Program solely for purposes of the program.
2. Butte County Special Education Local Plan Area -Approval is requested for an agreement with Butte
County Special Education Local Plan Area (SELPA).The agreement provides for the Butte County
Department of Behavioral Health (BCDBH)to be reimbursed for educationally-related mental health
services provided to students on behalf of SELPA. BCDBH will provide educationally-related mental
health services to students who are covered by the Individuals With Disabilities Education
Improvement Act and those who have been referred by the Local Education Agency(LEA) members of
the SELPA. SELPA will, on behalf of the LEA, reimburse BCDBH for mental health services as indicated in
the agreement.The term of this agreement is July 1, 2013 through June 30, 2014, with payment for
services beginning August 2013.The maximum revenue from this agreement for Fiscal Year(FY) 2013-
14 is$545,000 (this is$45,000 higher than the FY 2013-14 Adopted Budget).
3. Crestwood Behavioral Health, Inc. - Crestwood Behavioral Health, Inc. (Crestwood) consists of skilled
nursing facilities, mental health rehabilitation centers, and institutes for mental disease which provide
behavioral intervention and psychological and social rehabilitation to consumers with mental disorders
in secure residential settings. Approval is requested to amend the agreement with Crestwood to
increase bed days and enhancement services needed for client placements through FY 2013-14. The
term of this agreement will remain July 1, 2013 through June 30, 2014. The maximum financial
obligation under this agreement shall not exceed $910,000 (this is an increase of$462,500).
4. CSU, Chico Research Foundation - The CSU, Chico Research Foundation is a private non-profit
corporation that serves as an auxiliary of the California State University, Chico. Passages, a program
supported by the Research Foundation, provides information and assisted services to older adults and
their family caregivers experiencing significant emotional disturbances or serious mental illness.
Approval is requested to amend the agreement with CSU, Chico Research Foundation.The amendment
would extend the term of the agreement through June 30, 2014, while also increasing the contract
maximum based on a full year budget. The department had planned to solicit a Request For Proposal
(RFP) prior to December 31, 2013 which was delayed. The department now plans to solicit the RFP for
FY 2014-15. The term of this agreement began July 1, 2013 and will terminate on June 30, 2014. The
maximum financial obligation under this agreement shall not exceed $486,501.12 (this is an increase of
$243,259.78).
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
5. LocumTenens.com, LLC - LocumTenens.com 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, BCDBH uses LocumTenens to supply psychiatrists to work at Chico Adult Outpatient or
other BCDBH sites as needed. Approval is requested to amend the agreement with LocumTenens in
order to cover additional service hours.The term of the agreement was July 1, 2013 and terminated on
October 31, 2013. The increase will cover necessary service hours that exceeded the contract
maximum. BCDBH has replacement contracts for short-term psychiatrist services that began after the
termination date. The maximum financial obligation under this agreement shall not exceed $248,000
(this is an increase of$48,000).
6. Netsmart Technologies, Inc. - Netsmart Technologies, Inc (NTST) provides Butte County Department of
Behavioral Health (BCDBH) with an Electronic Health Record (EHR), which consists of practice
management, electronic clinical records, service billing to appropriate payers including Medi-Cal,
managed care, eligibility verification, and report writing for both mental health and alcohol and drug
services. This EHR fully complies with the Federal Confidentiality Standards required by 42 USC 1320d
et seq., Health Insurance Portability and Accountability Act of 1996. Approval is requested for an
amendment to the agreement with NTST. The amendment adds new products, including Meaningful
Use and Perceptive Point of Scan, in addition to software upgrades, and annual maintenance and
license fees for existing software. The amendment also includes upgrades to the International
Classification for Disease-10 and the Diagnostic and Statistical Manual of Mental Disorders-5. Both are
coding manuals that are necessary for mental health diagnosis for billing purposes, and both upgrades
are required by the U.S. Department of Health and Human Services. The term of the agreement began
March 27, 2007 and has no end date.The maximum financial obligation under this agreement shall not
exceed $1,714,408.99 (this is an increase of$518,401.83).
7. Summitview Child and Family Services, Inc. - Summitview is a private, nonprofit organization licensed
by the State of California to provide a variety of mental health services to children and families.
Approval is requested to amend the agreement with Summitview to provide additional mental health
services. The term of the agreement will remain July 1, 2013 through June 30, 2014. The maximum
financial obligation under this agreement shall not exceed $69,546.08 (this is an increase of
$55,617.48). Agreement exhibits are being revised to add new mandated services and decrease the
rate of mental health services.
8. Reappointment to Butte County Mosquito and Vector Control District - Supervisor Connelly nominates
Dr. Albert Beck to be reappointed as Trustee to the Butte County Mosquito and Vector Control District
(term to end December 31, 2017).
9. Reappointment to Oroville Cemetery District (OCD) - Supervisor Connelly nominates Jim Bruggeman to
be reappointed as Trustee to the OCD (term to end December 31, 2017).
10. County Medical Services Program (CMSP) Governing Board Election - The CMSP Governing Board is
composed of County Supervisors, County Administrative Officers, and County health and welfare
officials from the 34 member counties. The Governing Board administers the CMSP program, which
provides health care services to indigent adults in the 34 counties. In fulfillment of its statutory
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
responsibility, the CMSP Governing Board has established the terms of its Board. The term of the
Supervisor Representative from Group 2 Counties (includes Butte, EI Dorado, Humboldt, Imperial,
Kings, Madera, Mendocino, Shasta, Sutter, Tehama and Yuba counties) ends December 31, 2013. This
position is currently held by Supervisor Mark Lovelace of Humboldt County who is seeking re-election.
An election needs to be held to fill the position designated for Supervisor from a Group 2 County for a
new term, which starts January 1, 2014 and ends December 31, 2016. The Governing Board has
directed Peterson Consulting to conduct the election on behalf of the Board. Supervisor Mark Lovelace
of Humboldt County is the sole candidate for this position. However, a space is provided on the ballot
for write-in candidates, should others want to compete for the position.
11. California Water Service Company Rate Increases - California Water Service Company (Cal Water) has
proposed rate increases for the Chico and Oroville Water Service Districts effective 2014. Cal Water
customers in these districts face increases of more than 26% if the rates are approved by the Public
Utilities Commission. The Board of Supervisors requested that staff write a letter to the appropriate
party regarding the rate increases for Board consideration. The letter requests that the Director of the
Office of Ratepayer Advocates work with the Public Utilities Commission and Cal Water to adopt more
reasonable and affordable rates for Butte County businesses and citizens served by Cal Water.
12. Secure Rural Schools Act - Reauthorization - In October 2013, the President of the United States signed
into law H.R. 527(P.L. 113-40), which included the reauthorization of the Secure Rural Schools and Self
Determination Act. Each year the County is required to notify the US Forest Service of the County's
choice for allocating the funds under the Act. The proposed letter requests the same allocations as
requested by the County in 2012: 1) receive the County share of the State payment and 2) reserve
20% of payments for activities under Title II and III of the Secure Rural School and Community Self-
Determination Act of 2000 with 13% allocated for Title II and 7% allocated for Title III. The US Forest
Service estimates the 2013 payment to Butte County will be $457,374. Of this amount, 80% ($365,899)
will be allocated to Title I programs, evenly split between the County Road Fund and Schools; 13%
($59,459) will be allocated to Title II programs; and 7% ($32,016)will be allocated for Title III activities.
13. Chico Urban Area Nitrate Compliance Plan Groundwater Monitoring - Nitrate contamination in Chico
Urban Area groundwater has been an ongoing concern for over 20 years. On September 25, 2001, the
Board of Supervisors adopted the "Nitrate Compliance Plan", which includes an Oversight and
Monitoring Program for properties within the Chico Urban Area that have not connected to public
sewer. The Oversight and Monitoring Program provides for the continued monitoring of Chico
groundwater to document the effectiveness of nitrate reduction efforts. County activities for Nitrate
Compliance Plan implementation are funded by County Service Area (CSA) 114. On January 24, 2012,
the Board of Supervisors approved a contract with URS Corporation for sampling and chemical analysis
of groundwater for approximately 35 water wells and monitoring wells, as well as periodic reports of
the monitoring events. On November 6, 2012, the Board of Supervisors approved Amendment I to the
groundwater monitoring agreement in order to complete recommended action from the June 2012
Groundwater Monitoring Report. URS completed a planned monitoring event in June 2013. In
response to the 2013 draft report, the Regional Water Quality Control Board requested an amended
sampling and analysis plan. Staff recommends approval of Amendment 2 in order to complete an
amended sampling and analysis plan as well as evaluate the wells in the monitoring for future
monitoring events. The amendment provides for an additional $29,243 for the expanded scope of
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
work and extends the completion date to June 30, 2014. Funding for this contract is provided through
CSA 114. There is no impact to the General Fund.
14. Resolution Authorizing County Clerk-Recorder to Enter into Certain Memoranda of Understanding
(MOU) and to Take Other Actions to Establish an Electronic Recording Delivery System (ERDS) - This
resolution is the final phase to establish an ERDS by authorizing the County Clerk-Recorder to enter
into certain MOUS and to take other actions to establish an ERDS. Previous Board actions include: 1)
authorized the imposition of a one dollar ($1) fee on each real property instrument recording to fund
the program, on June 28, 2011 and 2) authorized the County Clerk-Recorder to sign a yearly Letter of
Intent and Addendum to an MOU with the State Department of Justice which has authority for system
certification, regulation and oversight of ERDS. This resolution authorizes the County Clerk-Recorder to
participate in the California Electronic Recording Transaction Network Authority (CERTNA), a joint
powers authority, by executing the MOU as a client participant in the CERTNA ERDS for a term of three
years with an annual payment of $10,000 per year. The cost will be paid by the dedicated Recorder
ERDS restricted revenues, with no impact on the County's discretionary resources in the General Fund.
The resolution also authorizes an MOU with CERTNA to provide for the participation in Government to
Government Agency (G2G) ERDS by participating government agencies and authorized submitters
(such as title insurers and institutional lenders as specified in the Electronic Recording Delivery Act of
2004) in the form of an MOU approved by CERTNA and approved as to form by County Counsel.
15. James A. Curtis - Approval of agreement for legal services with James A. Curtis, replacing the previous
contract with Mr. Curtis and increasing his rate from $185 per hour to $205 per hour, and the rate for
associate attorneys from $125 per hour to $160 per hour. The effective date of the agreement is
November 1, 2013.
16. 2013 New Williamson Act Contract: LCA13-0003 (Kidd) - This item consists of an application for two
new contracts to enroll approximately 80 acres (APNs 039-250-058 and 039-250-059) in the Butte
County Williamson Act program for orchard use. On November 4, 2013 the Butte County Land
Conservation (Williamson) Act Advisory Committee unanimously recommended approval of these
contracts to the Board of Supervisors, subject to the identified conditions. The making of Williamson
Act contracts is exempt from review under the California Environmental Quality Act per Categorical
Exclusion 15317 (Open space contracts or easements).
17. Return Carryover Grant Funds to CDI - The California Department of Insurance (CDI) fraud grant
timeline provides notice of grant awards in August. The District Attorney includes an estimated
Automobile Insurance Fraud Program grant budget in the annual county budget and adjusts after
award notice. The FY 2013-14 adopted County Budget includes an estimate of$28,344 for Automobile
Insurance Fraud. Due to numerous issues, the least of which is a decrease in the auto fraud workload,
the District Attorney's Office has made the decision not to apply for the FY 2013-14 Grant, which was
due to be submitted to CDI on June 25, 2013. The Automobile Insurance Fraud Grant audit has been
completed by the outside auditors, Gallina LLP, and the reconciled unspent funds of $46,375 need to
be returned to CDI. This figure represents the balance of unspent funds for the FY 2012-13 year and
accrued interest. The current balance in the DA-Dept of Ins-Auto Restricted Cash Account is
$63,813.26. Budget actions are needed to align the department budget as well as return unspent funds
to CDI.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
18. Resolution Recognizing Dianne Borchert Upon Her Retirement.
19. California Department of Veteran Affairs One-Time Funding Subvention Program - At the October 22,
2013 meeting, the Board approved the submittal of Special Certificate of Compliance form to the
California Department of Veteran Affairs (CalVet), which indicated Butte County's interest in special
one-time supplemental funding to enhance services provided by the Veterans Service Office. The
Department of Employment and Social Services (DESS) received notification that Butte County will
receive $32,041 from CalVet. The DESS requests approval of a budget adjustment, which will fund a
limited-term Veterans Services Representative for FY 2013-14.
20. Rose Chapel Mortuary-Crematory - Approval is requested to amend the agreement with Rose Chapel
Mortuary-Crematory for the provision of indigent cremation services. A higher than anticipated
number of indigent cremations necessitates an increase to the agreement of$5,000 for the remainder
of FY 2013-14.
21. Alliance for Workforce Development, Inc. (AFWD) -Approval is requested for an agreement with AFWD
for Expanded Subsidized Employment (ESE) Services for CalWORKs Welfare-to-Work participants. The
term of the agreement is January 1, 2014 through June 30, 2015. AFWD will develop and administer an
ESE program providing "soft" skills and strategies to assist individuals to transition to unsubsidized
employment. In addition, it is requested that unanticipated revenue from the State in the amount of
$240,000 be accepted and appropriated. The maximum amount payable for the agreement is
$720,000 (Broken down as follows: FY 2013-14: $240,000 and FY 2014-15: $480,000).
22. Alliance for Workforce Development, Inc. (AFWD) - Approval is requested for an amendment to the
agreement with AFWD for the provision of Subsidized Employment Services for CalWORKs Welfare-to-
Work participants.The term of the agreement remains July 1, 2013 through June 30, 2015. In addition,
it is requested that unanticipated revenue from the State in the amount of$161,000 be accepted and
appropriated. The maximum amount payable for the agreement is $1,799,796 (Broken down as
follows: FY 2013-14: $980,398-an increase of$161,000 and FY 2014-15: $819,398).
23. Lilliput Children's Services - The Department of Employment and Social Services (DESS) released a
request for proposals (RFP) for post adoption services. Post adoption services strengthen and support
adoptive families through the provision of short-term supportive services, training, information, and
connection to resources. Approval is requested for an agreement with Lilliput Children's Services,
which best met the criteria under the RFP. The term of the agreement is January 1, 2014 through June
30, 2015, with a maximum contract amount of$150,000 (FY 2013-14: $50,000; FY 2014-15: $100,000).
24. FY 2013-14 Budget Adjustment - DESS is requesting a $54,000 FY 2013-14 budget adjustment to fund
an increase in the amount DESS reimburses Youth for Change (YFC) for Wraparound Services. YFC
currently provides comprehensive collaborative treatment and support services to Butte County youth
and their families. $26,505 of the requested budget adjustment will come from unanticipated 2011
realignment revenue. The remaining $27,495 will be provided by the use of funds in the department's
SB 163 restricted cash account.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
25. Counseling Solutions - DESS released a Request for Proposal (RFP) for targeted early intervention
services (TEIS). TEIS is part of a broader Alternative Response Program provided by DESS. TEIS will be
provided to families who come to the attention of the Children's Services Division of DESS who may
benefit from additional services to prevent entry into traditional child welfare services. Approval is
requested for an agreement with Counseling Solutions, which best met the criteria under the RFP. The
term of the agreement is January 1, 2014 through June 30, 2015 with a contract maximum of$600,000
(FY 2013-14: $200,000; FY 2014-15: $400,000).
26. Catalyst Domestic Violence Services - Approval is requested for an agreement with Catalyst Domestic
Violence Services to provide Domestic Violence Advocates for the Alternative Response program.
Catalyst will work in collaboration with Children's Services and on behalf of victims of domestic
violence who are involved or may become involved in the child welfare system as part of Butte County
Children's Services Alternative Response program. Term of the agreement is January 1, 2014 through
June 30, 2015 with a contract maximum of$142,500 ($47,500 for FY 2013-14 and $95,000 for FY 2014-
15).
27. Resolution Recognizing Fire Chief George Morris,Jr. Upon his Retirement.
28. Volunteer Fire Assistance Grant - 2013-14 - In FY 2013-14 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 $39,960 which includes a $19,980 match. The Grant provides for
gear and LED flashlights to replace worn out personal protective equipment for our Volunteer
Firefighters.This Grant helps fund much needed equipment for the Volunteer Firefighter Program.
29. Peerless Building Maintenance Co., Inc. - On December 12, 2011, following the solicitation for services
on Request for Proposals 19-12, the Board of Supervisors awarded a contract to Peerless Building
Maintenance Co., Inc. for janitorial services at leased facilities for a one-year period with the option to
renew for three additional one-year periods. Staff now recommends that the contract be extended for
six months so that termination will coincide with other janitorial service contracts to facilitate a new
solicitation that will encompass all leased facilities upon expiration of this amended agreement. The
$158,096.56 net increase for Amendment 3 provides for the additional six months and, as is the case
with the other amendments under this agreement, reflects changes in service locations required by the
County due to office relocations. Funds are contained within the Department of Employment and
Social Services, Child Support Services and Public Health FY 2013-14 budgets and no additional
appropriation is required.
30. Ray Morgan Company - On December 16, 2008, following formal solicitation for convenience
printers/copiers on Request for Proposals 09-09, the Board of Supervisors awarded a contract to Ray
Morgan Company for a 5 year period with the term to expire February 2014. In July 2013, General
Services issued a Request for Information to determine market conditions, feasibility and capability of
sources in anticipation of another solicitation for County printers/copiers. During the process, it was
determined that new equipment provides little in the way of technical advances and would cost
considerably more than retaining the existing equipment for another two years. In addition, surveys
taken by County operational departments strongly requested that the existing equipment be retained.
Given the high cost of new equipment, the extensive technical staff time to facilitate changing out
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
equipment and the desires of the operating departments, staff recommends amending the contract for
two additional years. The amendment will extend the term of the contract to December 31, 2016.
Under the amended contract, the per page cost will remain unchanged and the monthly lease
payment, per device as listed on the contract amendment, is approximately 67% lower than current
pricing. The current County-wide monthly lease payment for all of the devices currently deployed
throughout the County is approximately $23,052. Under the amended contract the monthly lease
payment will be $7,559.01 for the same devices. Funding for the printers/copiers is contained within
the General Services FY 2013-14 budget.
31. Allana Buick and Bers, Inc. - Originally installed in 1975, the Paradise Library roof has failed and is no
longer serviceable. Following a solicitation for services, the County executed a contract for $24,995
with Allana Buick and Bers, Inc. an architectural/engineering firm, to design the replacement of the
main roof. During the field inspection/destructive testing portion of the project it became apparent
that the building mansard, another critical weatherproofing component abutting the roof, has also
failed. Staff recommends that the contract be amended to include the design for replacement of the
building mansard now, as it will be more economical and provide less disruption to Library patrons and
employees to replace both building envelope components together. The cost of the amendment is
$5,450, bringing the total not-to-exceed price to $30,445, and no additional appropriation is required.
32. Budget Adjustment: Facility Modification for Human Resources at 3 County Center Drive, Oroville -
Subsequent to the relocation of Human Resources from 25 County Center Drive to 3 County Center
Drive approximately three years ago,the needs of Human Resources have changed and conversion of a
portion of the break room into an office for Human Resources staff is necessary. Staff recommends a
budget adjustment be approved to allow General Services to complete the remodel to accommodate
the current and future needs of Human Resources. The remodel effort, that will also improve
Accessibility and compliance with the Americans with Disabilities Act, is estimated at $42,000 and
funding will come from the Human Resources FY 2013-14 operating budget and will not require
additional General Fund appropriation.
33. Lease Origination - Portion of 560 Cohasset Rd. Chico, with Enloe Medical Center for Occupancy by the
Butte County Department of Behavioral Health -Currently,the Butte County Department of Behavioral
Health, occupies 3,400 square feet of unsuitable office space at 260 Cohasset Rd. Chico, in a lease set
to terminate January 31, 2014, running at$0.94 per square foot. The department desires to vacate this
facility and to relocate staff to superior office space at 560 Cohasset Road, Chico. The reduction in
lease payments and proximity to existing programs occupied by the department at 560 Cohasset Road
will allow the department to reduce costs and improve services. The new lease of 4,127 square feet at
a flat rate of$0.80 per square foot, has a monthly lease payment of$3,301.60, through December 31,
2023, and will then escalate to $0.92 per square foot for a total monthly lease payment of $3,796.84
for the balance of the lease term scheduled to terminate December 31, 2034. The new lease, with the
ability to terminate due to lack of funding, will allow the department to utilize funding available only
for less than twenty year lease terms. Although the lease payment will increase by approximately
$105 per month, the previous lease did not include utilities, averaging approximately$723 per month,
which is inclusive of the lease payment in the new location with the new lease. The net savings for the
initial term of the new agreement is approximately $617 per month. This lease includes the option to
extend for an additional 120 month period. Funding for this lease is included within the FY 2013-14
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
budget and requires no additional appropriation.
34. Award of Design Contract to NorthStar Engineering, Inc., for the Behavioral Health Offices in 560
Cohasset, Chico - As part of the long term facilities plan, the Butte County Department of Behavioral
Health occupies existing leased space within 560 Cohasset, in Chico. Facility modifications are
necessary to accommodate their program needs and staff recommends the execution of a $30,000
contract with NorthStar Engineering to complete the design work and final construction documents.
Subsequent to design, General Services will solicit for the construction phase of the project. Funding is
contained within the Capital Improvement Fund for this project and no additional appropriation is
required.
35. Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following departments: Public Works- The Public
Works Department requests to delete one (1) vacant position of Accounting Specialist/Account Clerk,
Senior and add one (1) position of Contracts Specialist, Senior/Contracts Specialist. As the County
moves towards decentralizing accounts payable and purchasing, and given the amount of contracting
done by the department, there is the need for additional resources to be assigned to these functions.
These functions fall in line with the classifications of Contracts Specialist, Senior and Contracts
Specialist. These changes will leave the total allocations in the department unchanged. Any increase in
costs associated with this change will be covered in the department's FY 2013-14 budget.
36. Request for Relief of Accountability - Approval is requested for relief of accountability for two D120
HTC HEX computers. The items had not been in use for many years, having served their useful life as
servers and were sent to County Information Systems (IS) some years ago. At the time of disposal, IS
recalls the items did not have asset tags and were archaic. The District Attorney's office investigated
the matter and recommends granting relief of accountability.
37. Caminar, Inc. - In September 2013 the Library entered into a competitive bid process in search of a
dedicated courier service for five branches. Six vendors responded to the request for bids. The highest
bid was $3,615 per month and the lowest was $1,030 per month. The lowest bid was for routed
service, which did not meet the Library's requirement for dedicated service, and was therefore
deemed not applicable. The contract was awarded to Caminar, Inc., the lowest bid for dedicated
services, at $1,250 a month. Caminar, Inc. will offer dedicated delivery services to the five library
branches, three days a week. The term of the contract is January 1, 2014 through December 31, 2015,
for a not-to-exceed amount of$52,000.
38. Anti-Drug Abuse Enforcement Team Grant Application Resolution - The California Board of State and
Community Corrections (BSCC), which administers the Federal Edward Byrne Memorial Justice
Assistance Grant (JAG), is once again offering funds to the County of Butte to assist in improving the
functioning of the criminal justice system, with emphasis on convicting violent and serious offenders
and enforcing drug control laws. In California, these programs fall under the Anti-Drug Abuse (ADA)
Enforcement Team Program. The award period runs from October 1, 2013 through September 30,
2014, with an award total of$130,663 for Butte County.The Probation Department would like to apply
to receive this funding, which will be used toward staffing and support costs associated with the Butte
Interagency Narcotics Task Force (BINTF). While actual program expenses exceed the grant award
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
amount, in anticipation of this yearly grant award, necessary appropriations in each participating
department were included and approved in the FY 2013-14 budget submission. No budget transfer will
be needed. Approval is requested to authorize the Chief Probation Officer to apply for the grant, sign
all grant documents, and administer the grant. BSCC requires an adopted Board Resolution in order to
apply for the funding.
39. Capital Asset Acquisition and Budget Adjustment for a Probation Community Center in Chico - One of
the many major projects implemented by Butte County to successfully implement changes brought
about from Assembly Bill 109 - Realignment, is the Community Center Program in Chico being
implemented by Probation. The lease for the facility was approved by the Board on November 12,
2013. To properly implement the program, minor facility modifications, data connectivity
infrastructure, systems furniture, computers and a van is required. Probation requests the $130,280
budget adjustment be approved to allow, through General Services and Probation working together,
the completion of the facility and the $35,000 acquisition of a van as a capital asset. Funding will be
provided by prior year AB 109 Funds within the General Fund, no current General Fund appropriation
are required.
40. 2013 Slurry Seal Project Contract Change Order No. 1 and Notice of Completion - In June of 2013
Windsor Fuel Company of Pittsburg, CA was awarded the 2013 Slurry Seal contract in the amount of
$483,401. The Contract Change Order No. 1 increases the engineers estimate to reflect the actual
quantities of material used during construction. The Change Order also provides for an adjustment of
compensation and settles an extra work claim for thermoplastic striping and thermoplastic marking
removal. In general, the project included the following: implementation of necessary traffic controls
during construction,the preparation of chip sealed road surfaces and the application of a Type II Slurry
Seal on various County roads in the Thermalito and South Oroville area. Thermoplastic striping and
thermoplastic markings were replaced in kind. All contract work has been completed by the contractor
to the satisfaction of Public Works.
41. Ord Ferry Road Full Depth Reclamation with Cement Project, Contract Change Order No. 1 and Notice
of Completion - In June 2013, George Reed, Inc. of Modesto, CA was awarded the Ord Ferry Road Full
Depth Reclamation with Cement Project (Project) contract in the amount of $1,755,265. The Project
work began with the cold milling of 3 inches of the existing asphalt concrete surface.This was followed
by pre-pulverizing the full depth of the reclamation road section. The contractor then spread 4.0%
Type II cement over the surface pulverized area and re-processed the material to a depth of 16 inches.
Equipment then shaped and re-compacted the cement treated material to 98% relative density. This
was followed by placing 3 inches of cold central plant recycled asphalt material (using the original cold
milled asphalt material) and compacting. The final layer was paving an overlay with 1.5-inches of hot
asphalt concrete. The contractor finally replaced the thermoplastic traffic stripes and markings and
reflective pavement markers. All contract work has been completed to the satisfaction of the Public
Works Department. This Contract Change Order details the increases and decreases to the engineer's
estimate of quantities to reflect the actual quantities used during construction and compensates the
contractor for the extra work involved in removal of the pavement reinforcing fabric during the cold
central plant recycling process.
42. The Rehabilitation of Skyway Project, Contract Change Order No. 1 and Notice of Completion - In June
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
2013, Knife River Construction of Chico, CA was awarded the Skyway Rehabilitation Project (Project)
contract in the amount of $1,844,464. The Project was to rehabilitate a portion of Skyway between
Coutolenc and Nimshew Roads. Work included the patching of existing pavement marker recesses, the
removal of existing asphalt concrete dike, the construction of concrete curb and gutter returns and
concrete pedestrian ramps at the intersections of Coutolenc, South Park Drive and Ponderosa Way,the
construction of drainage facilities, the removal and replacement of metal beam guard rail and end
treatments, the modification of existing concrete bridge rail, the installation of pavement reinforcing
fabric, the placement of a 0.17-foot asphalt concrete overlay, various driveway and intersection
paving, the placement of shoulder backing and the installation of new asphalt concrete dike and
thermoplastic traffic stripes and markings with enhanced wet night visibility. All contract work has
been completed. The Contract Change Order No. 1 details the increases and decreases to the
engineer's estimate of material quantities to reflect the actual quantities used during construction and
provides for an adjustment of compensation and settles extra work claims for miscellaneous extra
work items that arose during construction.
43. Western Area Power Administration; Contract and Grant of Easement over a portion of Table
Mountain Boulevard - Western Area Power Administration of U.S. Department of Energy (Western)
maintains power lines throughout the western portion of the United States. Some of these lines cross
over Highway 70 near its junction with Highway 149. When the interchange was upgraded, Western's
lines had to be relocated. The overhead lines were moved to the north and now cross Table Mountain
Blvd., a County maintained road, in a location outside the original easement. Western has requested
an easement for their power lines at this new location. The Public Works Department worked with
Western and County Counsel to ensure the easement was compatible with the normal maintenance
work the department performs on the County roadway. The department recommends approval of the
agreement.
44. Accept Donated K-9 -The Sheriff's Office maintains K-9 teams of highly trained dogs to assist deputies
in the field with search, safety and patrol functions. Dogs are often purchased by the Sheriff's Posse via
donated funds and subsequently donated to the Sheriff's Office. Recently, the Sheriff's Office was
approached by a county resident who trains dogs for protective services and competes in protection
sports through Service Dogs of America and Schutzhund Trials. Tig, a three-year old German Shepherd,
earned many awards in competition and was deemed well suited for police work. The owners of the
dog, Brian and Susan Peterson, contacted the Sheriff's Office to solicit interest in accepting Tig to the
Sheriff's K-9 Team. The Sheriff's Office K-9 Coordinator reviewed the information and determined Tig
to be a great fit for our agency. The Sheriff's Posse purchased t (Public Works)he dog from the
Petersons and desires to donate the dog,Tig,to the Butte County Sheriff's Office for patrol work.
45. Renew Enhanced Collection and Compliance Program Agreement with Butte County Superior Court - In
July 2000, the County of Butte and the Butte County Superior Court entered into a Memorandum of
Understanding to administer the Enhanced Collection and Compliance Program. The agreement was
renewed in 2007 and 2010 and is currently up for renewal again.The goal of the program is to enhance
the collection of court-imposed fines and fees and to improve compliance with court orders. This joint
venture has served to effectively increase Butte County's general-purpose revenue, while providing for
a comprehensive program that closely manages both current and delinquent accounts. The
Memorandum of Understanding (MOU) is a status quo renewal of the existing partnership, with the
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
Court pursing current court-imposed fines and fees and the County pursing delinquent accounts. The
County will continue to handle the court collection accounting and revenue distribution process for the
joint program but will reimburse the Court for staffing and other expenditures related to the
agreement. The maximum reimbursement allocation to the Court for FY 2013-14 is $444,000. Prior to
the finalization of the County budget process for FY's 2014-15, 2015-16 and 2016-17, the program
allocations will be reviewed and equated to revenue production and necessary increases or decreases
in reimbursement levels will be established for FY's 2014-15, 2015-16, and 2016-17. It is the desire of
the Court Compliance Division, on behalf of the Court, and the Central Collections Division, on behalf of
the Treasurer-Tax Collector's Office, to update and extend the terms of the program through
December 31, 2017 as presented in the MOU document.
46. RT Lawrence Corporation - In 2012, the Treasurer-Tax Collector purchased the RT Lawrence
Remittance Processing Solution to interface with the County's Megabyte Property Tax System to
electronically cross-reference, research, post and scan tax payments directly into Megabyte, provide a
direct image retrieval link in Megabyte, generate electronic Check 21 files to be transmitted directly to
the County's bank, look up and validate account information, and more. In June 2013, General Services
approved a ten year standardization with RT Lawrence Corporation. The Treasurer-Tax Collector now
wishes to enter into an annual support agreement to provide ongoing hardware and software support
for the RT Lawrence Remittance Processing Solution for a three year period. As part of the agreement,
RT Lawrence will provide technical software support to the Treasurer-Tax Collector staff via telephone
and remote access and will assist with resolving any hardware support problems that arise. The term
of the support agreement is three years, beginning October 23, 2013 and ending October 22, 2016.The
not-to-exceed amount for the three-year term is$20,656.72.
47. Local Child Care Planning Council (LPC) - The Butte County Office of Education (BOE) submits their
annual request for Board of Supervisors' certification of the composition of the LPC. For informational
purposes, the BOE has also provided a copy of the 2006 Butte County Child Care Needs Assessment for
review.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.26 WHICH WAS REMOVED
FROM CONSENT FOR DISCUSSION ON THE REGULAR AGENDA. (MOTION: KIRK; SECOND: TEETER)
VOTE: Motion APPROVED 5 -0
1322-004 General Assistance Rate Increase Effective January 1, 2014 -The Director of DESS requests that the Board
of Supervisors set the General Assistance (GA) rate at $299 per month as outlined below. General
Assistance is a program for indigent individuals. The program provides temporary support; the
participants are required to pay back any financial support received from the program, if able. This rate
increase is in accordance with Welfare and Institutions Code section 17000.5 (a). Section 17000.5(a)
allowed the County to deduct $40 per month from the GA grant since medical care was being provided
under the County-funded County Medical Services Program (CMSP). With the advent of the Affordable
Care Act (ACA), indigent individuals will be disenrolled in CMSP. Subsequently, the County is required to
increase the monthly GA grant by this $40 as GA recipients will now be eligible for the expanded Medi-
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
Cal program under ACA. The Board is requested to adopt a resolution establishing the local standard of
aid for GA pursuant to Section 17000.5 of the Welfare and Institution Code, and adopt the GA
regulations reflecting approved rate changes effective January 1, 2014. This action requires a transfer of
$102,000 from the County General Fund Appropriations for Contingencies to cover the projected cost for
the remainder of the fiscal year.
A MEMBER OF THE PUBLIC, MR. STIRLING, REQUESTED THIS ITEM BE REMOVED FROM THE
CONSENT AGENDA FOR DISCUSSION.
RUDYJENKINS AND SABRINA ADDRESSED THE BOARD.
CATHI GRAMS ADDRESSED THE BOARD.
MOTION: I MOVE TO: 1)APPROVE THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; 2)ADOPT GENERAL
ASSISTANCE REGULATIONS REFLECTING THE APPROVED RATE CHANGE EFFECTIVE JANUARY 1, 2014;AND
3)APPROVE BUDGET ADJUSTMENT. (4/5 VOTE REQUIRED) (MOTION:TEETER; SECOND: LAMBERT)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA
1322-005 Boards, Commissions and Committees
1. Appointments to Listed Vacancies (NONE)
2. Board Member/Committee Reports and Board Member Comments (Pursuant to CA State law,the Board is
prohibited from taking action on any item not listed on the agenda.)
SUPERVISOR KIRK REQUESTED THAT THE COUNTY BE OPEN TO OPENING WARMING SHELTERS
DUE TO THE RECENT COLD WEATHER.
SUPERVISOR LAMBERT REPORTED ON THE CSAC CONFERENCE IN SAN JOSE AND ON A MEETING
RELATED TO AB109.
SUPERVISOR TEETER REPORTED ON A MEETING OF RCRC.
SUPERVISOR TEETER REPORTED THAT MAGALIA RESIDENTS HAVE BEEN REPORTING ICE ON THE
ROADS IN THE AREA.
SUPERVISOR KIRK REPORTED ON A HOMELESS WORKSHOP AT THE CSAC CONFERENCE.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
SUPERVISOR CONNELLY REPORTED ON A SOCIAL MEDIA WORKSHOP HE ATTENDED ATTHE CSAC
CONFERENCE. HE ALSO REPORTED ON A MEETING OF THE NV INTEGRATED REGIONAL WATER
MANAGEMENT PLAN WITH THE 6 PARTICIPATING COUNTIES.
SUPERVISOR CONNELLY ALSO REPORTED ON A BCAG MEETING AND A MEETING OF THE LOCAL
AGENCY FORMATION COMMISSION. HE ALSO REPORTED ON THE AFRICAN AMERCIAN CULTURAL
CENTER IN SOUTHSIDE.
1322-006 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
SHERIFF SMITH ANNOUNCED THAT HE WILL NOT BE RUNNING FOR RE-ELECTION FOR ANOTHER
TERM. HE REPORTED THAT UNDERSHERIFF KORY HONEA WILL BE RUNNING FOR SHERIFF IN JUNE
2014.
1322-007 Northern California Water Association - Nomination - Butte County is a member of the Northern
California Water Association (NCWA). In accordance with NCWA bylaws, Butte County is entitled to
nominate one candidate to serve a two-year term (January 1, 2014 through December 31, 2015) on the
NCWA Board of Directors. The nominee must be a member of the County Member class which consists
of Board of Supervisors members from Butte, Sutter, Shasta and Tehama counties.
MOTION: I MOVE TO NOMINATE SUPERVISOR BILL CONNELLY AS A NCWA DIRECTOR. (MOTION: KIRK; SECOND:
TEETER)
VOTE: Motion APPROVED 5 -0
1322-008 Presentation - Microsoft Enterprise Licensing - Butte County employees use Microsoft products daily.
Each product used requires a license. Historically, licenses have been purchased in small batches by each
department from multiple vendors resulting in a mismatch of software versions on user desktops
hindering business processes, as well as making it difficult to ensure license compliance, which places
Butte County at substantial risk for monetary fines if the County is using more licenses than it has paid
for. Microsoft recognized the issue with license compliance and developed a vehicle for software
purchases; know as an Enterprise Licensing Agreement. The agreement allows for immediate use of
software while amortizing the cost over three years and provides a business model with predictable cash
flow for better fiscal management over multiple years. It also allows the County to better manage license
compliance, provide a common business platform and provide current software to increase service
delivery to the public. In addition, Microsoft will be discontinuing support in spring 2014 for a number of
the versions of software packages currently in use throughout County departments, and this agreement
will allow the County to bring all systems up to currently supported versions. The Enterprise Agreement
with Microsoft is a non-financial agreement and does not require Board approval. The County budgeted
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
$2,197,463 in the Support Services Equipment Replacement Fund in FY 2013-14 to acquire licensing from
a Large Account Reseller (LAR), but after going through a competitive bid process the total amount
needed to acquire the licensing is $2,313,309 which requires a budget adjustment for the additional
$115,846. Approval of the budget adjustment will allow the Purchasing Agent, pursuant to Butte County
Ordinance Section 46-9,to purchase licensing from the LAR selected through bid.
ART ROBISON,ASSISTANT DIRECTOR OF INFORMATION SYSTEMS, PROVIDED A REPORT.
MOTION: I MOVE TO APPROVE THE BUDGET ADJUSTMENT. (4/5 VOTE REQUIRED) (MOTION: KIRK; SECOND:
TEETER)
VOTE: Motion APPROVED 5 -0
1322-009 Successor MOU, Butte County Management Employees Association - Over the past several months, the
County and the bargaining team for the Butte County Management Employees Association (BCMEA)
have met and conferred over a new Memorandum of Understanding (MOU). BCMEA has ratified the
terms of the County's offer for a new MOU that will supersede and replace the expired 2010-2013 MOU.
Concurrent with the adoption of the MOU, "Section 57E (12/21/13-2%) - Butte County Management,
Confidential and Supervisory Unit" and "Section 57E (12/20/14-2%) - Butte County Management,
Confidential and Supervisory Unit" need to be added to the Salary Ordinance to reflect the wage
increases that were negotiated with BCMEA and included in their MOU. As part of this change,the Salary
Schedules reflecting these wage increases also need to be added to the Salary Ordinance. The new Salary
Schedules will be titled "Reference P (Effective 12/21/13-2%)" and "Reference P (Effective 12/20/14-2%)".
The new Salary Plans for BCMEA classifications and the new Salary Schedules for the BCMEA are included
as attachments to the resolution.
BRIAN RING, DIRECTOR OF HUMAN REOURCES,ADDRESSED THE BOARD.
MOTION: I MOVE TO 1) APPROVE THE NEW MOU FOR THE BUTTE COUNTY MANAGEMENT EMPLOYEES
ASSOCIATION (BCMEA) AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT THE RESOLUTION TO
AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: KIRK; SECOND:
TEETER)
VOTE: Motion APPROVED 5 -0
1322-010 Salary and Benefits Resolution, Confidential Employee Classifications - On July 30, 2013 the Board
approved the establishment of a new Confidential Employee group. Since then the employees that were
moved into the new unit have been following the terms and conditions of employment from their
previous MOUS.The Confidential group has since met and discussed the creation of a Salary and Benefits
Resolution to cover this group going forward. Since this decision was made by the group, the
Confidential group and the County have met and discussed the terms and conditions of employment for
the group. The County and the Confidential group have agreed on a Salary and Benefits Resolution to be
presented to the Board of Supervisors. Concurrent with the adoption of this Resolution, "Section 57F-
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
Confidential Employees (Effective 12/21/13 - 2%)" and "Section 57F-Confidential Employees (Effective
12/20/14 - 2%)" need to be added to the Salary Ordinance to reflect the wage increases that were
agreed to and included in the proposed Resolution. As part of this change,the Salary Schedules reflecting
these wage increases also need to be added to the Salary Ordinance. The new Salary Schedules will be
titled "Reference Q (Effective 12/21/13 - 2%)" and "Reference Q (Effective 12/20/14 - 2%)". The new
Salary Plans and Salary Schedules for the Confidential Employee classifications are included as
attachments to the Resolution.
BRIAN RING, DIRECTOR OF HUMAN RESOURCES, PROVIDED A REPORT.
MOTION: I MOVE TO 1)APPROVE THE NEW SALARY AND BENEFITS RESOLUTION FOR THE CONFIDENTIAL
EMPLOYEES CLASSIFICATIONS AND AUTHORIZE THE CHAIR TO SIGN;AND 2) ADOPT THE RESOLUTION TO
AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: KIRK; SECOND:
TEETER)
VOTE: Motion APPROVED 5 -0
1322-011 Successor Resolution, Non-Represented Classifications - Over the past month, the County and the Non-
Represented Employees have met and discussed proposed revisions to the Non-Represented Salary and
Benefit Resolution (Res No. 13-067). The County and the Non-Represented Employee group have agreed
on a Resolution to be presented to the Board of Supervisors that will supersede and replace the current
Salary and Benefits Resolution. Concurrent with the adoption of the Non-Represented Resolution,
"Section 57L (12/21/13 - 2%)-Non-Represented Classifications" and "Section 57L (12/20/14 - 2%) -Non-
Represented Classifications" need to be added to the Salary Ordinance to reflect the wage increases that
were agreed to and included in the revised Resolution. As part of this change, the Salary Schedules
reflecting these wage increases also need to be added to the Salary Ordinance. The new Salary
Schedules will be titled "Reference V (Effective 12/21/13 - 2% Non Safety)," "Reference V (Effective
12/20/14 - 2% Non Safety)," Reference V (Effective 12/21/13 - 2% Safety)," "Reference V (Effective
12/20/14 - 2% Safety)." The new Salary Plans and Salary Schedules for the Non Represented Employee
classifications are included as attachments to the Resolution.
BRIAN RING, HUMAN RESOURCES DIRECTOR PROVIDED A REPORT.
MOTION: I MOVE TO 1) APPROVE THE REVISED SALARY AND BENEFIT RESOLUTION FOR THE NON-REPRESENTED
CLASSIFICATIONS AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT THE RESOLUTION TO AMEND THE
SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: KIRK; SECOND: TEETER)
VOTE: Motion APPROVED 5 -0
1322-012 Budget Adjustment for Library Materials -At the November 12, 2013 Board of Supervisors meeting,the
District 5 Supervisor requested that an item be placed on a future agenda to discuss an additional
$50,000 in one-time funding for the Library to be utilized in the current fiscal year to replace outdated
materials.The budget adjustment will require a transfer from General Fund Appropriation for
PAGE 16
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
Contingencies.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER INTRODUCED THIS ITEM.
MOTION: I MOVE TO BRING THIS ITEM BACK WHEN LABOR NEGOTIATIONS ARE DONE. NO ACTION TAKEN TODAY.
(MOTION:TEETER; SECOND: KIRK)
VOTE: Motion carried 4- 1
NAY: Supervisor Wahl
1322-013 District Attorney and Public Defender Staffing - Due to the impacts of 2011 Public Safety Realignment,
the Butte County Superior Court has added a new felony court to accommodate the increased workload.
Additionally, the realignment has shifted the responsibility of State Parole Hearings to the County. These
changes require District Attorney and Public Defender staffing enhancements. To accommodate the
additional staffing, a budget adjustment transferring $338,108 from General Fund Appropriations for
Contingencies to the District Attorney and Public Defender budgets in the current fiscal year is required.
This item includes the necessary budget adjustment; the action to add the position allocations to the
District Attorney's office and additional Public Defender contracts will come before the Board in January
2014.
ANDY PICKETT, DEPUTY ADMINISTRATIVE OFFICER, INTRODUCED THIS ITEM.
MIKE RAMSEY, BUTTE COUNTY DISTRICT ATTORNEY, ADDRESSED THE BOARD.
MOTION: I MOVE TO APPROVE THE BUDGET ADJUSTMENT. (4/5 VOTE REQUIRED) (MOTION:TEETER; SECOND:
WAHL)
VOTE: Motion APPROVED 5 -0
1322-014 Options for Receiving Input from Butte County Residents on U. S. Forest Service Issues -At the November
12, 2013 meeting, the Board directed staff to research options to form a body that could advise the
County on various issues arising from actions (or lack thereof) from the U.S. Forest Service. While the
current issues deal primarily with the closure of existing forest roads and the County's opposition to such
proposals, there are many other issues such as timber harvest, water, recreation, and others that may
have direct or indirect impacts to Butte County. By engaging the public and different interest groups, the
County would be better informed about how those Forest Service actions would impact the County and
what it should do to respond to Forest Service proposals. The Board expressed an interest in setting up a
formal body but also expressed a concern about the time requirements to staff such a body. The staff
report lists five options: 1) Subcommittee 2) Commission 3) Task Force 4) Citizens Advisory Committee
and 5) Users Group.The details of these options are included in the staff report.
PAGE 17
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
SANG KIM, DEPUTY ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: VANCE SEVERIN, PETE
MOAK,AND BONNIE MASERIK, BOB GAGE, DEE HUNTER, DAVID MASERIK.
MOTION: I MOVE TO, PER STAFF RECOMMENDATION, CHOOSE OPTION 4 - CITIZENS ADVISORY COMMITTEE WITH
EACH BOARD MEMBER NOMINATING 1 MEMBER EACH AND DIRECT STAFF TO RETURN AT A FUTURE
MEETING REGARDING THE SPECIFICS DUTIES/FUNCTION OF THE COMMITTEE. (MOTION: TEETER;
SECOND:WAHL)
VOTE: Motion APPROVED 5 -0
PUBLIC HEARINGS AND TIMED ITEMS
1322-015 10:45 a.m. -Timed Item - Draft Grading Ordinance Update and Environmental Review -At the September
24, 2013 Board meeting, Public Works staff discussed possible changes to the County grading ordinance.
Based on the comments staff received from the Board at the meeting, a proposed revision to the code
section was developed (see staff report). The changes revolve around clarifying what level of grading
requires a permit, establishing both a ministerial and discretionary permit process and the associated
processes needed to administer the new permit process. After developing the draft ordinance revisions,
Public Works staff sent the draft to the Department of Development Services (DDS) to get input on
whether an environmental document would be required with adoption of the revised ordinance. DDS
determined that the County indeed needed to develop some form of programmatic environmental
document. DDS is estimating this effort could take approximately three months. The final code change
along with the environmental document will be brought before the Board in late January or early
February.
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS AND TOM FOSSUM, DEPUTY DIRECTOR OF PUBLIC
WORKS ADDRESSED THE BOARD.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: ROCKLIN GILE, DAVID
PALMERLY, AND RICK TOGNOLI.
MIKE RAMSEY, DISTRICT ATTORNEY, ADDRESSED THE BOARD.
MOTION: I MOVE TO MOVE FORWARD WITH THE DRAFT GRADING ORDINANCE, AMENDING THE LOWER LIMIT OF
WHEN A PERMIT IS REQUIRED FROM 250 CUBIC YARDS TO 50 CUBIC YARDS; AND 2) AUTHORIZE STAFF
TO PROCEED WITH PREPARING THE INITIAL STUDY TO DETERMINE REQUIRED ENVIRONMENTAL
DOCUMENTS. (MOTION: WAHL; SECOND: KIRK )
VOTE: Motion carried 4- 1
NAY: Supervisor Connelly
PAGE 18
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
1322-016 11:00 a.m. - Timed Item - Adoption of an Amendment to County Ordinance Regarding Restrictions on
Cultivation of Medical Marijuana - On November 12, 2013, the Board introduced and waived the first
reading of "An Ordinance Amending Sections 34A-2, 34A-3(n), 34A-7, and 34A-16 to Article I, Chapter
34A Entitled 'Restrictions on Cultivation of Medical Marijuana' of the Butte County Code". This proposed
amendment will revise the County's current ordinance regarding regulations on the cultivation of
medical marijuana as follows: 1) Revises the definition of "premises" to include an occupied legal
residence that is in compliance with Chapter 26 of the Butte County Code, and one that has met the
requirements of Section 34A-6 and 34A-7 of the ordinance. This definition will apply to both single legal
parcels and contiguous legal parcels under common control or ownership. 2) Revises the environmental
requirements in section 34A-7 to require persons engaged in the cultivation of medical marijuana to
have "permitted" water and sewage disposal systems, and 3) Revises the Administrative Civil Penalties
contained in section 34A-16 to $500 per day for the first violation, and $1,000 per day for each
subsequent violation.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: ROCKLIN GILE, CHRIS
SOMMERS, DAVID MASERIK, CHRISTINE WISECARVER, BONNIE MASERIK, RICK TOGNOLI,ANDREW
MERKEL, AND DEE HUNTER.
MOTION: I MOVE TO ADOPT THE ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: KIRK; SECOND:
LAMBERT)
VOTE: Motion carried 4- 1
NAY: Supervisor Wahl
1322-017 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 of Supervisors is prohibited
from taking action on any item not listed on the agenda.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: BRYAN BROWN, ALICIA
HARRET, LEAH CARMACK, LINDA BONDER, RUDY JENKINS, AND CHRISTINE ?
1322-018 CLOSED SESSION
1. PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO
GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR
2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANTTO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS:JACK HUGHES& BRIAN RING EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA; DSA- MANAGEMENT/SUPERVISORY UNIT; DSA-
GENERAL UNIT; BCCOA-SUPERVISORY UNIT, BCCOA-GENERAL UNIT; CONFIDENTIAL UNIT; PPOA-
MANAGEMENT UNIT; NON-REPRESENTED UNIT
3. ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) -3 CASES:
1.KAREN NORTH v. COUNTY OF BUTTE; WORKERS' COMPENSATION APPEALS BOARD LEGACY CASE NO.
ADJ7572267 (CLAIM NUMBER: BUAF-536099);
2. WILLIAM PROFFITT v. COUNTY OF BUTTE;WORKERS' COMPENSATION APPEALS BOARD LEGACY CASE NO.
ADJ8022609 (CLAIM NUMBER: BUAH-549621); AND
3. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100).
4. INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(4): US FOREST
SERVICE/PLUMAS NATIONAL FOREST TRAVEL MANAGEMENT PLAN.
5. SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(2) -ONE POTENTIAL
CASE.
1322-019 1:00 p.m. - Timed Item - Green-Yellow-Red Placarding of Retail Food Facilities - At the beginning of this
year, a Food Safety Advisory Group (FSAG) composed of representatives from different categories of
retail food facilities and other food safety stakeholders was established to provide guidance to the Public
Health Department on food safety program policies and priorities. One of the food safety initiatives
recommended by the FSAG was development of a rating system to provide the public with an indicator
of food safety practices at retail food facilities, such as restaurants, markets, school and hospital
kitchens, and food trucks and carts. A Green-Yellow-Red placard system, similar to the highly successful
one used in Sacramento County, was recommended because of its clarity and simplicity. The proposed
program would require a color-coded placard to be posted at the entrance of all retail food facilities after
inspection by the Public Health Department. A Green Pass placard would be issued if no more than one
major violation was observed and corrected during the inspection. A Yellow Conditional Pass placard
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
would be issued if two or more major violations were observed and corrected during the inspection. A
Red Closed placard would be issued if violations creating an imminent health hazard were observed that
could not be corrected during the inspection. The proposed program was shared with the retail food
industry in August and with the general public in November of this year. Both groups expressed support
for moving ahead with implementation of the program.
CATHY RAEVSKY, DIRECTOR OF PUBLIC HEALTH, INTRODUCED THIS ITEM. BRAD BANNER,
ENVIRONMENTAL HEALTH DIRECTOR, PROVIDED A REPORT.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: AL ABRAMS,JOHN FROM
SACRAMENTO COUNTY ENVIRONMENTAL HEALTH, AND LINDA BAKER.
MOTION: I MOVE TO PROCEED WITH DEVELOPMENT OF A LOCAL ORDINANCE TO IMPLEMENT THE PROPOSED
PLACARDING PROGRAM IN BUTTE COUNTY. (MOTION: KIRK; SECOND:TEETER)
VOTE: Motion APPROVED 5 -0
RECESS:
THE BOARD RECESSED AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND CONVENED AS
THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/10/2013
IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD
DECEMBER 10, 2013
MINUTES
CALL TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville.
Members present: Connelly, Wahl, Kirk, Lambert and Teeter
1308-001 CONSENT AGENDA
1. Approve Appointments to the In-Home Supportive Services Advisory Committee - On December 19, 2000,
the Board of Supervisors established the Butte County In-Home Supportive Services Advisory Committee.
Eleven members were appointed in accordance with Welfare and Institutions Code 12301.3. Membership
must include a combination of IHSS recipients, providers, community/agency members, and county staff.
The members of the IHSS Advisory Committee serve staggered terms. The Advisory Committee is
recommending the reappointments of Ms. Dorothy Churchill as an IHSS recipient representative, Mr.
Domenic Console as an IHSS provider representative, Ms. Sarah Okumbe as an IHSS provider
representative, with terms to expire December 19, 2016, and Ms. Lisa Sol as a county representative with
term to expire December 31, 2016. Advisory Committee Chairperson, Mark Gordon, has provided a letter
supporting this request.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA(MOTION: KIRK; SECOND:TEETER)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA (No Items)
PUBLIC COMMENT (each speaker limited to five minutes) (NONE)
CLOSED SESSION (No Items)
ADJOURNMENT
ADJOURNED AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AND RECONVENED
AS THE BUTTE COUNTY BOARD OF SUPERVISORS.
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
JANUARY 14, 2014.
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