HomeMy WebLinkAboutM121112 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/11/2012
9:00 A.M.—CALL TO ORDER
Call to Order- Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville.
Members present: Supervisors Connelly, Wahl, Kirk, Lambert and Yamaguchi
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
1223-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA
SUPERVISOR LAMBERT ANNOUNCED THAT HE HAD A REQUEST TO REMOVE ITEM 3.30
(RESOLUTION OF THE BOARD OF SUPERVISORS AUTHORIZING GRIDLEY UNIFIED SCHOOL
DISTRICT(GUSD)TO SELL BONDS DIRECTLY AND DIRECTING THE COUNTY AUDITOR-
CONTROLLER TO MAINTAIN TAXES ON THE TAX ROLL) FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
1223-002 CONSENT AGENDA
1. Glad Investments, Inc. dba Riverside Convalescent Hospital - Riverside Convalescent Hospital, a skilled
nursing facility, was selected as a result of a competitive Request for Proposal to provide daily meals for
inpatients at Butte County's Psychiatric Health Facility. The Butte County Department of Behavioral
Health (BCDBH) requests approval to amend the agreement with Riverside Convalescent Hospital to
extend the term by six months. The term of the agreement began July 1, 2012 and will now terminate
on June 30, 2013. The maximum financial obligation under this agreement shall not exceed $51,604.53
(department budget utilizing realignment revenue. This is an increase of $24,791.73 for fiscal year (FY)
2012-13. There will be no change in per meal costs.
2. Northern Valley Catholic Social Services (NVCSS) - Approval is requested to amend the agreement with
NVCSS to provide client support services and outreach for the following programs: Warm Line, a non
crisis talkline; Iversen Center, a drop in center for consumers; Villa Serena, housing support; Hmong Elder
Outreach, to educate the Hmong elder population in regards to mental health issues. This amendment is
adding money to the NVCSS Iversen Center budget for peer assistants to provide additional services. The
term of this agreement will remain July 1, 2012 through June 30, 2013.The maximum financial obligation
under this agreement shall not exceed $886,154.35 (department budget utilizing MHSA funds). This is an
increase of$53,823.45. The funding for this increase was included in the budget adjustment approved at
the November 6, 2012 Board of Supervisors meeting.
3. Thomas Lancaster M.D. - BCDBH requests approval to amend the agreement with Dr. Lancaster. The
terms of the amended contract will include a revised pay rate for weekend on-call shifts and additional
service hours. The revised rate for weekend on-call will be limited to $2,560 per weekend shift. The shift
rate is a based on two 8 hour days for the on-call weekend shift multiplied by the current on-call rate of
$160 per hour.This contract is also being amended to add additional service hours. Dr. Lancaster initially
requested a reduction of service hours to part-time. However, Dr. Lancaster has agreed to continue full
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/11/2012
time through the County contract. The effective date for Dr. Lancaster's move from County's Inpatient
unit to County's Outpatient clinic was October 2, 2012. The term of the agreement will remain July 1,
2012 through June 30, 2013. The maximum financial obligation under this contract shall not exceed
$347,210 (department budget utilizing state and federal Medi-Cal funds) and is an increase of$140,265
for FY 2012-13.
4. Letter of Support for Wild Goose Storage, LLC's application to the California Public Utilities Commission -
Wild Goose Storage LLC is the first independent natural gas storage facility in California to begin
commercial operations in 1999. It is located in rural Butte County, 10 miles west of Gridley. Supervisor
Lambert requests a letter of support for the Wild Goose Storage, LLC's application to the California Public
Utilities Commission (CPUC) to increase its facility's working gas capacity. This increase will not change
the size or footprint of the facility. No additional pipeline capacity is required.
5. Budget Adjustment - On October 9, 2012, the Board of Supervisors approved a budget adjustment to
appropriate $102,719.47 in grant funds to complete grant activities for the Housing Rehabilitation Loan
Program funded by the State Department of Housing and Community Development. The budget
adjustment approved at that time only included the CDBG side of the budget and was missing the
offsetting appropriation of $17,595.27 in the Administration Department's budget, which this item
corrects.
6. Resolution Authorizing the Application for State Recreational Trails Program (RTP) and Environmental
Enhancement and Mitigation Programs (EEMP) Grant Funds - Local veterans groups, through the Oroville
Veterans Memorial Park Committee (Committee), the City of Oroville, the Feather River Recreation and
Park District, and Butte County have been working towards construction of a veterans memorial park for
several years. To-date, the County and its partners have obtained funding from the U.S. Department of
Housing and Urban Development (HUD), the Oroville Redevelopment Agency, the Committee and
Congestion Mitigation Air Quality grant funds to complete the first two phases of the Park, including a
rock retaining wall for the future shade structure and a portion of the parking lots. New grant
opportunities may be available this year, through the RTP and EEMP grant programs. RTP funds, if
awarded, would allow the County to build a parking lot and rest room facilities at the trailhead to the
Feather River Trail, as well as completing an accessible connection to the Feather River Trail and the Brad
Freeman Trail. Staff is evaluating whether or not the proposed project will meet EEMP requirements. If
it does, and if the County receives funding, the funds would be utilized to build two plazas and the
landscape and hardscape related to those plazas. Due to timing of Board meetings, the Board is being
asked to approve a resolution in case the project is determined to be eligible for EEMP funding. The RTP
application is due January 9, 2013, the EEMP application is due January 4, 2013, and both require Board
adopted resolutions in the forms provided with this item.
7. Certification of Statement of Votes Cast - Candace J. Grubbs, County Clerk-Recorder/Registrar of Voters,
submits the Certification of the Statement of Votes Cast for the Consolidated General Election held in
Butte County on November 6, 2012, pursuant to California Elections Code Section 15372.
8. January 2013 Special Election - Budget Adjustment and Rush Personnel Services Contract Amendment-A
Special General Election has been called for January 8, 2013 to determine a winner for the 4th Senate
District. The Special Election was not anticipated in the FY 2012-13 Adopted Budget and a budget
PAGE 2
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/11/2012
adjustment transferring $362,516 from the General Fund Appropriation for Contingencies to the Clerk-
Recorder's budget is necessary to accommodate the additional costs. The breakdown is as follows:
Precinct Officer stipend and polling place rental - $60,083; Contract extra help for the office, warehouse,
election day, canvass process and vote by mail processing - $100,000; Official Ballot printing, envelopes
and postage - $111,433; Sample Ballot Booklets and postage - $56,000; Vote by mail Signature
verification - $13,000; Miscellaneous expense such as truck rental, fuel, supplies, publications, and
shipping - $22,000. There is no state reimbursement for this special election. In order to meet the needs
for a small portion of extra help for the November 2012 General Election and all extra help needs for the
January 2013 Special Election, the County's contract with Rush Personnel Services needs to be amended
to increase the maximum amount payable by $100,000. All other terms remain the same. In order to
reduce costs, precinct boards will be reduced to 3 members from 5, only new precinct officers will be
required to attend training and overtime will be reduced, all other expenditures are mandated.
9. 2012 New Williamson Act Contracts - LCA 12-0006 (Little) and LCA12-0007 (Souza) -This item consists of
a total of three new contracts: 1) LCA 12-006 (Little) - will enroll approximately 336 acres (non-
contiguous APNs 021-050-021 and 021-050-006) in the Butte County Williamson Act program for rice
production. This property is located south of the Colusa Highway approximately three miles west of the
City of Gridely; and 2) LCA12-0007 (Souza) - will enroll approximately 84 acres (APNs 025-240-097 and
025-240-095) in the program for orchard use. This property is located immediately west of the
intersection of State Route 70 and Palermo Road approximately two miles west of the City of Oroville.
On October 1, 2012, the Butte County Land Conservation (Williamson) Act Advisory Committee
unanimously recommended approval of the three contracts to the Board of Supervisors, with a condition
applicable to the Souza contract that AG-20 (Agriculture, 20-acre minimum parcel size) zoning be
adopted for the subject parcels prior to approval of the contract. The Board of Supervisors adopted AG-
20 zoning for the subject parcels on November 6, 2012. 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).
10. Release of Development Agreement and Open Area Easement - Bains - As part of a previous zoning
ordinance,the County allowed for Home Site Segregations. This process allowed for a portion of a parcel
with an existing residence, to be separated off from an agricultural use, creating two parcels. To
complete this process, a use permit was required. The owner at the time, Mark Dewsnup (also known as
Mark P. Dewsnup, and as Mark Pike Dewsnup), completed the process and was granted a Use Permit(UP
86-31) on APN 021-170-040 by the Board of Supervisors on April 15, 1986. The parcel is located on the
south side of West Liberty Road, approximately 2,400 feet west of State Route 99, at 199 W. Liberty
Road, south of Gridley. Requirements of the UP included completing a parcel map and recording a
Conveyance of Development Rights and Open Area Easement on the agricultural parcel. Mr. Dewsnup,
received an approval for the tentative parcel map, but did not complete the process to record the map,
which has since expired. Since not all of the requirements for the UP were completed, the UP and the
home site segregation process expired. Mr. Dewsnup, however, did complete the process to have the
County accept the Conveyance of Development Rights and Open Area Easement and recorded the
document on March 14, 1988. Since the process was never completed, the original parcel was never
divided, and therefore, the limitations and restrictions set forth under Recorder's Serial Number 88-
08270 are not required. The current owners, Perminder and Rajveer Bains, have requested the release
of the conveyance.
PAGE 3
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/11/2012
11. Resolution Supporting Pamma-Larkin Agricultural Easement - The Northern California Regional Land
Trust (NCRLT) requests adoption of a resolution in support of its application to acquire an agricultural
easement on 96 acres of land located approximately one mile east of Gridley in Butte County. The
resolution includes Board findings necessary for the NCRLT to submit a grant application to the
California Department of Conservation's California Farmland Conservation Program to pursue acquisition
of the agricultural easement. The conservation easement would preclude conversion of prime farmland
on the subject parcel to rural residential development or other non-agricultural uses.
12. Resolution in Recognition of Richard Brazil Upon Retirement.
13. Gridley Veterans Memorial Hall Committee -The Gridley Veterans Memorial Hall Committee on behalf of
the Veterans Organizations and Citizen Veterans using the Gridley Veterans Memorial Hall has submitted
the following nominations for appointment to serve on the Gridley Veterans Memorial Hall Committee
through June 30, 2013: American Legion South Butte Post 210: Donna Thompson, Alternate and Citizen
Veterans: George Nichols, Delegate.
14. Doug Fitzgerald, Fitzgerald Technology Group (FTG) -The existing Juvenile Hall Electronic Security System
results in insufficient camera coverage and lacks both adequate video storage capacity and a redundant
Central Control Programmable Logic Controller that are required in contemporary Security Systems. In
addition, replacement parts for the existing System are no longer manufactured making the system
difficult to service. Staff recommends that FTG be awarded a $60,108 contract for the schematic design,
layout and final functional acceptance testing of all the key components of the new System. FTG assisted
the County in a similar capacity with the upgrade to the Main Jail Security System in FY 2010-11 and is
very familiar with County facilities and project management staff. Upon completion of this schematic
design, a contractor will be selected and an additional contract will be brought back to the Board for final
design and installation of the System. This project is included in the FY 2012-13 Probation Department's
budget and the Capital Project Fund and no additional appropriation is required.
15. Enloe Medical Center - The Butte County Behavioral Health Department occupies approximately 3,912
square feet of a leased facility located at 556 Cohasset, in Chico, under a five year lease with a planned
termination date of September 30, 2015. The Department wishes to extend the term to September 30,
2030, to take advantage of additional funding opportunities available only in buildings with a minimum
term of 20 years. The agreement does include the ability to terminate early due to a lack of funding in
future years. The original lease rate of$0.750 per square foot totaling $2,934.00 per month will remain
fixed until September 30, 2020. Beginning October 1, 2020 through September 30, 2030, the total
monthly rent payment shall increase to $3,442.94. The rate increase to $0.8800971 per square foot, will
cover anticipated utilities cost increases. Funding for the lease is included in the Behavioral Health
Operating Budget and requires no additional appropriation.
16. Loumark Associates -The Butte County Department of Behavioral Health provides services to CalWORKS
clients from 564 Rio Lindo Ave. Suite 100, Chico, under a lease in hold over status. The existing rate runs
$1.194125 per square foot for the 2,000 square foot facility, with a total monthly lease payment of
$2,388.25. Under the new lease agreement, the rent payment will remain fixed for 36 months at the
rate of $0.900 per square foot for a total payment of $1,800 per month. The planned termination date
PAGE 4
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/11/2012
for the agreement is December 31, 2015, and includes the option to extend for an additional 36-month
period. Funding for this lease is identified within the FY 2012-13 approved budget and requires no
additional appropriation. The new lease reflects approximately $21,177 in savings to the Department
over the entire term.
17. Loumark Associates -The Butte County Department of Behavioral Health operates the Treatment Court
and Probation program from 564 Rio Lindo Avenue, Suites 200, 202-204, Chico, under a lease in hold
over status. The existing rate runs $1.1831166 per square foot for the 5,538 square foot facility, with a
total monthly lease payment of $6,552.10. Under the new lease agreement, the rent payment will
remain fixed for 36 months at the rate of $0.900 per square foot for a total payment of $4,984.20 per
month. The planned termination date for the agreement is December 31, 2015, and includes the option
to extend for an additional 36-month period. Funding for this lease is identified within the FY 2012-13
approved budget and requires no additional appropriation. The new lease reflects approximately
$56,444.40 in savings to the department over the entire term.
18. Peerless Building Maintenance Co., Inc. -On December 13, 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 recommends the contract be amended to extend the
term of the contract one year and to accommodate additional services required. The recommended
changes will result in an annual cost of$318,996.12 in 2013, and additional costs of$4,250 in 2012 for a
$323,246.12 net increase to the total cost of the contract. Funds are contained within the Department
of Employment and Social Services, Child Support Services and Public Health FY 2012-13 adopted
budgets and no additional appropriation is required.
19. Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance for the following departments: Human Resources, General
Services, Public Health and the Library. These changes increase the total allocations in the County by one
(1) limited term position.
Human Resources: The Human Resources Department is requesting to add the classification of Facilities
Maintenance Coordinator to Section 57, Reference C of the Salary Ordinance titled, "BCEA-General Unit
Classifications." The salary range for the classification shall be set at 38 (Biweekly salary: $1,428.80 -
$1,914.74).This classification has been agreed to by both Human Resources and the applicable Employee
Association.
General Services: Concurrent with Human Resources request above, the General Services Department is
requesting to add one (1) position of Facilities Maintenance Coordinator and delete one (1) vacant
position of Building Crafts Worker, Senior/Facilities Maintenance Specialist, Lead. The department
requires a staff member that is able to schedule work and track time spent on over 8,000 work orders
per year. The existing classification does not include the required skills need to perform this necessary
function. This change will leave the total allocations in the department unchanged and have no fiscal
impact on the County General Fund.
Public Health: The Public Health Department is requesting to delete one (1) vacant position of Account
PAGE 5
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/11/2012
Clerk, Senior/Account Clerk and add one (1) position of Administrative Assistant, Senior/Administrative
Assistant.This change will better meet the current and future operational needs of the department. This
change will leave the total allocations in the department unchanged and result in a $4,021 decrease in
salary and benefits for the current fiscal year.
Library: The Library is requesting to add one (1) flexibly-staffed, limited term position of Library
Assistant/Library Assistant, Senior with a term date of June 30, 2013. This position is being added to
backfill for a position due to a long-term medical leave of absence. This change will increase the total
allocations in the department by one (1) limited term position and have no net fiscal impact on the
County General Fund.
20. Non-Discrimination Policy-Appeal Process Update - In 2009 Merit System Services (MSS), who oversees
our Personnel standards, conducted an audit of County to assure compliance with the California Local
Agency Personnel Standards (LAPS). One of the findings included in the MSS Report was that although
the County met the standards for EEO Compliance (LAPS 17150), the County's Non-Discrimination policy
lacked a required impartial appeal process (LAPS 17153b). The standard states, "Local agencies shall
provide for appeals of alleged discrimination, by an applicant or employee, through an impartial process
that results in a timely, enforceable decision." The County's current policy ends with the complaint going
before the Civil Rights Compliance Officer. The updated policy amends the appeal process to include an
impartial "Appeal Panel". This panel will consist of three (3) Human Resource Professionals selected at
random by the Human Resources Director from the following agencies: Butte College, City of Chico,
Butte County Office of Education, Tehama County, Colusa County, Plumas County, Sutter County and
Yuba County. The updated policy will bring the County into compliance with the standards set in the
LAPS with regards to this appeal process. In addition to the change in appeal process, the language
throughout the policy was cleaned up to reflect current laws and practices. All these changes were
agreed upon by all represented and non-represented employee groups in the County.
21. Resolution Requesting Approval to Apply for Anti-Drug Abuse Enforcement Team Grant Program Funds -
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 Enforcement Team Program. The award period runs from October 1, 2012 through
September 30, 2013, with an award total of $135,447 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 amount, in anticipation of this yearly grant award, necessary appropriations in
each participating department were included and approved in the FY 2012-13 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 to apply for the funding.
22. Resolution for Public Health Director Phyllis Murdock Upon her Retirement.
PAGE 6
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/11/2012
23. Authorization to Award Contract for Construction Quality Assurance Services for Neal Road Recycling and
Waste Facility, County Project 757-5918 and Request For Budget Adjustment -At its meeting of October
23, 2012, the Board authorized an award of contract for the construction of Module 4 Phase E at the
Neal Road Recycling and Waste Facility (NRRWF), County Project No. 757-5918. For landfill expansion
projects the State Water Resources Board requires a construction quality assurance (CQA) report be
submitted documenting that the project was built to design specifications. The Department of Public
Works solicited proposals for CQA services and received two responses. Staff reviewed and scored the
proposals based on consultant capabilities, experience, previous work for Butte County, proximity,
workplan and cost as described in the Request for Proposals. The review and scoring resulted in Geo-
logic Associates of Grass Valley being selected as the most responsive to the proposal. Staff then
negotiated with Geo-Logic resulting in cost savings to the County. The estimated not to exceed cost for
the services to be provided is $66,040.The Director of the Department of Public Works is recommending
awarding a contract agreement to Geo-Logic Associates to provide CQA monitoring and reporting
services during the construction of Module 4, Phase E. The Department is also requesting approval of a
budget adjustment to fund the contract.
24. State of California, Off-Highway Motor Vehicle Recreation (OHMVR) Grant No. G11-03-70-L01 - The
Sheriff's Office applied for and received an Off-Highway Vehicle (OHV) grant award from the State of
California, Department of Parks and Recreation in the amount of $15,579. The grant award will provide
uniformed law enforcement personnel to patrol the Jonesville Snowpark and to conduct snowmobile
inspections during the snow season. The grant will also provide funding to purchase one snowmobile
and trailer (fixed asset). The Sheriff's Office supports Butte County's goal of providing public safety,
managing special events and improving the safety of Off-Highway Vehicles (OHV). The grant requires a
$5,193 match which the department intends to offset with green sticker money, which has been
budgeted. The grant period is January 1, 2013 - December 31, 2013.
25. Dale Fry- Backgrounds and More -The Sheriff's Office maintains a service contract with Backgrounds and
More for polygraph testing on applicants who are in the background process. The Sheriff's Office
intended to complete a Request for Proposal (RFP)for polygraph services and learned that the Probation
Department maintains a contract with Backgrounds and More that is set to expire June 30, 2013. It has
been determined best to extend the Sheriff's contract through the end of the fiscal year to allow Sheriff
and Probation to complete an RFP jointly. On July 31, 2012, the Sheriff's Office was approved by the
Board of Supervisors to increase this contract by $11,000 to fund the service through the original term
expiration of November 10, 2012. Now that we intend to continue services to match Probation's term,
we are requesting to increase the maximum payable as well as the expiration. The Sheriff's Office is
requesting to extend the term of the contract through June 30, 2013 and increase the maximum payable
by$10,000. This will bring the contractual total payable to $45,500 over the term of the agreement.
26. Treasurer's Investment Report -The Treasurer-Tax Collector submits the Monthly Investment Report for
November 2012 in accordance with the Butte County Statement of Investment Policy dated July 1, 2012.
27. Local Child Care Planning Council (LPC) - The Butte County Office of Education submits their annual
request for Board of Supervisors' certification of the composition of the LPC.
PAGE 7
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/11/2012
28. Request for Reappointment to Oroville Cemetery District - The Oroville Cemetery District submits their
recommendation to reappoint Mr.James Edwards,Trustee to a term to end January 1, 2017.
29. Request for Reappointment to Oroville Mosquito Abatement District -The Oroville Mosquito Abatement
District submits their recommendation to reappoint Mr. Dennis Diver to a term to end December 31,
2013.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.30. (MOTION: KIRK;
SECOND:YAMAGUCHI)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA
1223-004 Resolution of the Board of Supervisors Authorizing Gridley Unified School District (GUSD) to Sell Bonds
Directly and Directing the County Auditor-Controller to Maintain Taxes on the Tax Roll - On June 5,
2012, voters in the GUSD approved the issuance of $2,500,000 in bonds for repair and upgrades to
school facilities within the District. The GUSD Board of Trustees is requesting that the County Board of
Supervisors adopt a resolution allowing the District to issue General Obligation Bonds directly, without
the involvement of the Board of Supervisors as a conduit issuer, under Government Code 53506-
53509.5. The District has determined that the additional flexibility in determining the term of the
financing provided by the Government Code (allowing more than 25 years for repayment) is necessary
to their debt issuance of up to $2,500,000 as approved by the voters. The District plans to repay the
bonds over approximately 35 years, supported by ad valorem taxes at a rate of $13 per $100,000 of
assessed valuation.
(Note: this item was the only item listed on the Board's December 11, 2012 Supplemental Agenda)
RICK RUBINO,THE SUPERINTENDENT OF GUSD; AND GREG ISOM, BOND ADVISOR ADDRESSED
THE BOARD.
THERE ISA QUESTION AS TO THE TERM OF THE BOND—WHETHER IT WAS 35 YEARS OR 25-30
YEARS. MR. RUBINO INDICATED THAT THE TERM WOULD BE CLARIFIED AT THE NEXT
SCHOOL BOARD MEETING.
MOTION: I MOVE TO APPROVE CONTINUING THIS ITEM OPEN. (UNTIL AFTER THE NEXT SCHOOL BOARD
MEETING. (MOTION: WAHL; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
PAGE 8
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/11/2012
1223-005 9:15 a.m. -Timed Item - Recognition of Supervisor Yamaguchi -The Board of Supervisors will recognize
Supervisor Yamaguchi upon his retirement from Butte County.
SUPERVISOR YAMAGUCHI WAS PRESENTED WITH A RESOLUTION AND GIFTS IN RECOGNITION
OF HIS YEARS OF SERVICE TO BUTTE COUNTY.
1223-006 10:00 a.m. - Timed Item - Butte County Fair Association and Revised By-Laws - Since the 1940's, the
County has entered into agreements with the Butte County Fair Association to manage and operate
the Butte County Fairgrounds and County Fair. The current agreement expires on December 31, 2012
and a new 5-year agreement is recommended, which includes a number of changes from previous
agreements as described in the attached staff report.The new agreement would shift responsibility for
major facility maintenance/repairs to the County. Related to that shift in responsibilities, the General
Service Department is requesting a one-time budget adjustment of$90,000 to do a facility assessment
of the useful buildings on the Fairgrounds. Additionally, the Fair Association has requested $75,000 in
funding assistance in 2013, also further described in the attached staff report, due to the elimination of
State funding for fairs throughout the State. The short-term funding assistance agreement
recommended in this item requires the Fair Association to provide a business plan to the County by
September 30, 2013 showing financial stability within three years. In order to fund the Agreement, a
budget adjustment of $50,000 in the General Services Department's budget is necessary to cover the
period January 1, 2013 -June 30, 2013. The Fair Association has also adopted new bylaws, which now
require Board of Supervisors' approval.
SHARI MCCRACKEN, DEPUTY ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
MOTION: I MOVE TO APPROVE THE OPERATING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE FUNDING ASSISTANCE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE
BUDGET ADJUSTMENT (4/5 REQUIRED); AND APPROVE BYLAWS AND AUTHORIZE THE CHAIR TO SIGN.
(MOTION: KIRK; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
1223-007 10:15 a.m. - Public Hearing - Resolution Resolving Impasse in the Meet and Confer Process and
Implementing the County's Last, Best and Final Offer - Professional Employees Association (PEA) -The
County and the PEA have been meeting and conferring since February 9, 2012. Impasse was declared
on May 31, 2012, and an impasse meeting was held on June 12, 2012. Impasse was not resolved, and
PEA requested that the matter be sent to fact-finding, per State law. The fact-finding hearing was held
on October 8, 2012, and the signed fact-finding report was received by the County on November 5,
2012. Per California Government Code, a public agency may impose its last, best and final offer after
any applicable mediation and fact-finding procedures have been exhausted, but no earlier than 10 days
PAGE 9
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/11/2012
after the fact-finding report with written findings of fact and recommended terms of settlement have
been submitted to the parties, and after holding a public hearing regarding the impasse.
BRIAN RING, HUMAN RESOURCES DIRECTOR, AND JACK HUGHES PROVIDED A REPORT.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: CURT WORLEY, STEVE ALLEN, AND
ROBERT THOMAS III.
MIKE RAMSEY, BUTTE COUNTY DISTRICT ATTORNEY, ADDRESSED THE BOARD.
MOTION: I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: CONNELLY; SECOND:
WAHL)
VOTE: Motion APPROVED 5 -0
1223-008 10:25 a.m. -Timed Item - Revision to Resolution for Employer Paid Member Contributions (EPMC) - In
order to complete implementation of the previous agendized item (item 5.03) regarding the Butte
County Professional Employees' Association Impasse Resolution, as well as the agreements made with
other Butte County labor groups regarding the phase in of EPMC for 2013, the Board of Supervisors
must approve the attached PERS resolution to adhere to CalPERS regulations. Details regarding the
changes are included in the agenda report.
BRIAN RING, HUMAN RESOURCES DIRECTOR, PROVIDED A REPORT.
MOTION: I MOVE TO ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION:YAMAGUCHI;
SECOND: WAHL)
VOTE: Motion APPROVED 5 -0
1223-009 10:30 a.m. - Public Hearing - Durham Villas Planned Unit Development - Rezone REZ10-0001 and
Tentative Subdivision Map TSM10-0001 -A request by Morris "Bud" Keeney for a Tentative Subdivision
Map with 141 residential lots, plus 10 lettered lots for various community uses, and the rezoning of a
+/- 118 acre parcel to "Planned Unit Development". The subject property is located on the south side
of Durham-Dayton Highway and immediately east of the unincorporated community of Durham at
2243 Durham Dayton Highway.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, PROVIDED A REPORT.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: MR.JONES, MR. CARTER,JOHN
HOWLETT, KAY WALTERS, MARY JEAN BROUCHARD, FRANK FOX, AND SHIRLEY MINOR.
PAGE 10
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/11/2012
MOTION: I MOVE TO FIND THAT, ON THE BASIS OF SUBSTANTIAL EVIDENCE IN THE WHOLE RECORD, A FAIR
ARGUMENT HAS BEEN RAISED THAT THE DURHAM VILLAS PLANNED UNIT DEVELOPMENT (TENTATIVE
SUBDIVISION MAP TSM10-0001 AND REZONING REZ10-0001 FOR MORRIS"BUD" KEENEY) MAY HAVE A
SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT THUS REQUIRING THE PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT (EIR) PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA). BASED UPON THIS FINDING, THE BOARD REMANDS THIS
PROJECT TO THE DEPARTMENT OF DEVELOPMENT SERVICES STAFF FOR THE PREPARATION OF AN EIR
TO BE CONSIDERED BY THE PLANNING COMMISSION IN MAKING A RECOMMENDATION TO THE
BOARD OF SUPERVISORS. (MOTION: WAHL; SECOND:YAMAGUCHI)
VOTE: Motion APPROVED 5 -0
1223-010 Resolution Updating Butte County On-Site Wastewater Manual - On March 16, 2010, the Board of
Supervisors adopted the On-Site Wastewater Systems Ordinance 4018 (BCC Chapter 19) and two
resolutions: one adopting the On-Site Wastewater Manual and the other establishing a Wastewater
Advisory Committee. The new program became effective June 1, 2010. One of the functions of the
Wastewater Advisory Committee is to advise the Public Health Department and Board of Supervisors
on matters pertaining to interpretation and revision of the On-Site Wastewater Manual so that it
continues to best serve the needs of the local community while protecting water quality and public
health. The Wastewater Advisory Committee has met monthly since its inception in June 2010 and has
identified two changes that are needed in the Manual at this time: 1) The required setback between
wastewater system components and wells supplying water for public water systems needs to be
modified in the Manual from 150 feet to 100 feet so the requirements in the Manual match the
California Waterworks Standards requirements for public water systems; and 2) Requirements for
repair or replacement of failing on-site wastewater systems developed by the Wastewater Advisory
Committee over the past two years needs to be incorporated into the Manual as a new section.
BRAD BANNER, DIRECTOR OF ENVIRONMENTAL HEALTH, PROVIDED A REPORT.
MOTION: I MOVE TO ADOPT THE RESOLUTION AUTHORIZING THE TWO CHANGES IN THE STAFF REPORT AND
AUTHORIZE THE CHAIR TO SIGN. (MOTION: KIRK; SECOND: CONNELLY)
VOTE: Motion APPROVED 5 -0
1223-011 Update on Waste Collection Franchise Discussions - At its meeting of June 14, 2011, the Board gave
direction to staff to work with County licensed waste collection companies regarding establishing
franchised collection areas that would result in the delivery of additional waste currently generated in
Butte County to the County-owned and operated Neal Road Recycling and Waste Facility (NRRWF). The
consulting firm of NewPoint Group was hired to evaluate the customer data of Recology of Butte Colusa
Counties, Waste Management, and Northern Recycling and Waste Services (Collection Companies) and
make recommendations for franchise collection areas with a goal of minimal net change in customer
count and revenue. NewPoint Group and County staff have had a series of meetings with the waste
Collection Companies and NewPoint has finished their evaluation to validate the data and has
PAGE 11
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/11/2012
developed draft recommendations for franchise areas. The consultant and County staff will present the
consultant's draft recommendations. The waste Collection Companies have tentatively agreed with the
results of NewPoint Group's data validation and have expressed an interest to move to the next phase
of the process -development of franchise agreements. Staff requests the Board approve an agreement
with NewPoint Group to develop franchise agreements and assist County with negotiating franchise
agreements.
BILL MANNEL, SOLID WASTE MANAGER, ADDRESSED THE BOARD. ERIC NYLUND,A CONSULTANT
WITH NEWPOINT GROUP.
MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (MOTION: CONNELLY; SECOND: WAHL)
VOTE: Motion APPROVED 5 -0
1223-012 Contract Approval with Pacific Municipal Consultants for the Preparation of a Climate Action Plan -
General Plan 2030 Conservation and Open Space Element Action COS-A1.1 requires the preparation of a
Climate Action Plan (CAP). General Plan 2030 policies and actions provide a comprehensive framework
for reducing Greenhouse Gas (GHG) emissions in the County. The CAP requirements under Action COS-
A1.1 would assist California in meeting the GHG reduction goals for 2020 that is a requirement of State
law and embodied in the Global Warming Solutions Act of 2006 (AB 32). Action COS-A1.1 would ensure
that GHG emissions in Butte County would not contribute considerably to cumulative GHG emissions
and associated climate change effects. Action COS-A1.1 is also identified under General Plan 2030 and
the General Plan 2030 Final EIR requirement to mitigate environmental impacts under the California
Environmental Quality Act (CEQA) for GHG emissions associated with the General Plan's
implementation. Development Services staff requests that the Board of Supervisors approve an
agreement with Pacific Municipal Consultants (PMC) to prepare a CAP, and either an Addendum to the
General Plan 2030 EIR or a Supplemental EIR, in an amount not-to-exceed $209,276. The not-to-exceed
amount includes a contingency for three optional tasks as set forth under the PMC work program. The
term of the agreement is from December 11, 2012 through June 30, 2014. An additional amount of
$14,246 is required to provide for costs incurred by Development Services for other contractually-
related expenses for a CAP. For FY 2012-13 costs are estimated to be $173,957. $209,276 for the
agreement with PMC and $14,246 for costs to the department in fulfilling the County's contracted
responsibilities (facility rental, video recording of meetings, refreshments, display advertising, printing,
cd production, agency fees (Fish & Wildlife and Clerk/Recorder) for a total of $223,522 covering two
fiscal years. For fiscal year 2012-13 costs are estimated to be $173,957. The cost will be covered
through General Fund Appropriations for Contingencies.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, ADDRESSED THE BOARD.
MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER;AND APPROVE RELATED BUDGET ADJUSTMENT.
(MOTION:YAMAGUCHI; SECOND: KIRK)
PAGE 12
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/11/2012
VOTE: Motion carried 4- 1
YEA: Supervisor Lambert, Supervisor Connelly, Supervisor Kirk, Supervisor Yamaguchi
NAY: Supervisor Wahl
1223-013 Boards, Commissions and Committees
1. Appointments to Listed Vacancies (NONE)
2. Board Member or Committee Reports
SUPERVISORS KIRK, WAHL, AND CONNELLY REPORTED ON THE CALIFORNIA STATE ASSOCIATION OF
COUNTIES CONFERENCE.
1223-014 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
1223-015 General Plan Follow-Up and Implementation by Director of Development Services.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, PROVIDED A REPORT.
1223-016 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.
DISTRICT 5 SUPERVISOR-ELECT, DOUG TEETER ADDRESSED THE BOARD.
RECESS:
Recessed as the Butte County Board of Supervisors
and convened as In-Home Supportive Services Public
Authority Board.
PAGE 13
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/11/2012
IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD
DECEMBER 11, 2012
MINUTES
CALL TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville
Members present: Connelly Wahl, Kirk, Lambert and Yamaguchi
1212-001 CONSENT AGENDA
1. Contract Amendments for In Home Supportive Services Public Authority Employees - In an effort to be
consistent with the actions taken with the County labor groups, the Employment Contracts for two
employees of the In Home Supportive Services Public Authority (IHSS PA) require amendments relating to
use of accrued sick leave for possible conversion for insurance coverage, upon retirement under CalPERS
provisions. This benefit has been discontinued for County of Butte employees hired on or after July 1, 2010.
Two current Public Authority employees were hired prior to this date and while the Personnel Policies make
reference to sick leave conversion into a retiree benefit,the specific formula is not included. These contract
amendments provide clarity to include language consistent with documents addressing eligible County
employees. It has long been the Public Authority's practice to provide the same general level of benefits to
Public Authority contract employees that County of Butte employees receive.
MOTION: I MOVE TO APPROVE THE AGREEMENT AMENDMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (MOTION: KIRK; SECOND:
CONNELLY)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA (No Items)
PUBLIC COMMENT(each speaker limited to five minutes) (NONE)
1212-002 CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: CATHI GRAMS,JACK HUGHES& BRIAN RING
EMPLOYEE ORGANIZATION: CUHW
(This closed session item was held contemporaneously with the Board of Supervisors Closed Session)
ADJOURNMENT
Adjourned as the In-Home Supportive Services Public Authority Board and
reconvened as the Butte County Board of Supervisors.
PAGE 14
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/11/2012
1223-017 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a): 4 CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO SUPERIOR COURT CASE NO.
016338;
3. COUNTY OF BUTTE, COUNTY OF PLUMAS v. DEPARTMENT OF WATER RESOURCES,YOLO CO. SUP. CT CASE
NO: CV09-1258;
4. DFEH CASE NO. 32101-158821/37A-2012-445115-C- FRAZIER v. COUNTY OF BUTTE.
2. INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (c) - I POTENTIAL CASE: US
FOREST SERVICE/PLUMAS NATIONAL FOREST TRAVEL MANAGEMENT PLAN.
3. PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO
GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14.WATER AND RESOURCE CONSERVATION DIRECTOR
4. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT/GOALS PURSUANT TO GOVERNMENT
CODE SECTION 54957: PUBLIC HEALTH DIRECTOR
5. 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
PAGE 15
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 12/11/2012
BRUCE ALPERT, COUNTY COUNSEL, READ OFF THE FOLLOWING ANNOUNCEMENT OUT OF
CLOSED SESSION: REGARDING DFEH CASE NO. 32101-158821/37A-2012-445115-C(AGENDA
ITEM 7.01-4),THE BOARD UNANIMOUSLY VOTED FOR A$20,000 SETTLEMENT SUM.
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 8, 2013.
PAGE 16