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HomeMy WebLinkAboutA012616 BUTTECOUNTY MEMBERS OF THE BOARD BOARDOFSUPERVISORS BILL CONNELLY, DISTRICT 1 LARRY WAHL, DISTRICT 2 RMA EGULAR EETING GENDA MAUREEN KIRK, DISTRICT 3 J26,2016 STEVE LAMBERT, DISTRICT 4 ANUARY DOUG TEETER, CHAIR, DISTRICT 5 MEETING LOCATION BOARD OF SUPERVISOR CHAMBERS PAUL HAHN, 25 COUNTY CENTER DRIVE, SUITE 205 CHIEF ADMINISTRATIVE OFFICER/ BRUCE ALPERT, COUNTY COUNSEL OROVILLE, CALIFORNIA 95965-3380 CLERK OF THE BOARD 1.9:00 a.m. - Call to Order Pledge of Allegiance Silence Observation of a Moment of 2.Corrections and/or Changes to the Agenda 3.Consent Agenda 3.01* Appointment to the Paradise Cemetery District Supervisor Teeter nominates Nancy Rogers to fill the remainder of a term for a vacant Trustee position. This vacancy is the result of a resignation action requested APPOINT NANCY ROGERS AS TRUSTEE TO A TERM TO END JULY 31, 2016. (Board of Supervisors) 3.02* Appointment to the Kimshew Cemetery District Supervisor Teeter nominates Diane Hoffman to fill the remainder of a term for a vacant Trustee position. This vacancy is the result of a resignation action requested APPOINT DIANE HOFFMAN AS TRUSTEE TO A TERM TO END JULY 1, 2018. (Board of Supervisors) 3.03* Capital Asset Surplus - The Clerk-Recorder Department requests the Board of Supervisors to declare surplus several capital assets as detailed on the staff report, including various printers, scanners, a server rack, and a security system. The surplus equipment is no longer useful to the Clerk Recorder Division in any capacity action requested 1) DECLARE CAPITAL ASSET ITEMS SURPLUS TO THE NEEDS OF THE COUNTY; AND 2) DIRECT THE ITEMS TO BE REMOVED FROM THE CAPITAL ASSET INVENTORY LIST; AND 3) AUTHORIZE DISPOSAL IN ACCORDANCE WITH COUNTY POLICY. (Clerk- Recorder) 3.04* Employment Contract - Director, Child Support Services - The Board of Supervisors is requested to approve the Employment Contract with Sean Farrell, Director - Child Support Services. The annual salary for the position is $150,233, with a 2% increase effective February 11, 2017. The term of the contract is February 13, 2016 through February 12, 2019 action requested - APPROVE THE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) JANUARY 26, 201615 BOARD OF SUPERVISORS AGENDA PAGE 1 OF 15 3.05* Continuation of Local Drought Proclamation - On July 22, 2015, the Chief Administrative Officer declared a local emergency caused by drought, which was proclaimed by the Governor on January 17, 2014. On July 28, 2015 the Board of Supervisors reaffirmed and ratified the proclamation of local emergency associated with drought. State law requires that the Board of Supervisors review the need for continuing the local emergency every 30 days. As the state continues through its fifth year of drought, Butte County is feeling the effects as there continue to be landowners with dry wells. At this point, the final duration of the emergency has not yet been determined action requested CONFIRM THE NEED FOR CONTINUING THE PROCLAMATION OF A LOCAL EMERGENCY; AND ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN. (County Administration) 3.06* Approval of Minutes action requested APPROVE NOVEMBER 24, 2015 MINUTES. (County Administration) 3.07* Contract for Legal Representation to Retain Attorney Services - David Kennedy, Children Services - Request approval of and authorize the Chair to sign a tenth amendment to Agreement to Retain Attorney Services between County of Butte and David Kennedy for services performed relating to Children's Services Division. This amendment specifies that Mr. Kennedy provide the following services: representation of Children Services on appeals and writs as assigned; review of the clerk's transcript and reporter's transcript; and subsequent preparation of any required responsive briefs. For such additional representation, Mr. Kennedy shall be compensated at a rate of $100 per hour, up to $1,000 per appeal or writ. The effective date of this amendment is January 26, 2016 action requested APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY AUDITOR-CONTROLLER. (County Counsel) 3.08* Third Amendment to Agreement to Retain Attorney Services - Porter-Scott - Request approval of a third amendment to Agreement to Retain Attorney Services with Porter-Scott. The amendment increases the hourly rate for legal services performed to: Partners: $205, Associates: $190 and Paralegals and Law Clerks: $100. The effective date of these changes is January 1, 2016 action requested APPROVE AND RATIFY AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY AUDITOR-CONTROLLER. (County Counsel) 3.09* Contract for Legal Representation of the County of Butte (DESS, Children Services) - Fritzgerald Javellana - Request approval of an agreement with Fritzgerald Javellana for attorney services for County of Butte Department of Employment and Social Services (DESS)/Children Services relating to legal counsel regarding a wide variety of legal and administrative issues. Compensation is $6,003.96 per month, and the term of the agreement is January 26, 2016 to June 30, 2018. This replaces the contract with Kimberly J. Merrifield who has been appointed to the Butte County Superior Court action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY AUDITOR-CONTROLLER. (County Counsel) 3.10* a Adoption ofn Ordinance Amending Butte County Code Section 35-5 of the Butte County Code entitled "Right to Farm Ordinance" In 2015, the California Legislature enacted Senate Bill 643, and Assembly Bills 243 and 266, which, among other things, established the Medical Marijuana Regulation and Safety Act (codified as California Business and Professions Code sections 19300 et seq.). As part of Assembly Bill 243, section 11362.777 was added to the California Health and Safety Code, which states that for purposes of section 11362.777 of the Health and Safety Code, as well as Chapter 3.5 of the California Business and Professions Code, medical cannabis is an agricultural s Right to Farm ordinance, the cultivation of marijuana is not an agricultural operation action requested ADOPT ORDINANCE AND AUTHORIZE CHAIR TO SIGN. (County Counsel) JANUARY 26, 201615 BOARD OF SUPERVISORS AGENDA PAGE 2 OF 15 3.11* Adoption of an Ordinance Amending Butte County Code Section 34A entitled "Restrictions on Cultivation of Medical Marijuana - Based on the lessons learned during the enforcement of the reamline the enforcement provisions. Amendments include: 1) Combine the issuance of administrative penalties with the nuisance abatement process, so that officers no longer need to issue citations; instead, the 72-Hour Notice to Abate will inform the owner/tenant that they are subject to an administrative civil penalty of $500 per day, and the Notice of Nuisance Abatement Hearing will inform the owner/tenant that the administrative civil penalty has increased to $1,000 per day. The amount of penalties will be determined at the nuisance abatement hearing; 2) Only require the County to prove that a violation existed at the time the matter was set for hearing, and not at the time the hearing is actually held. This should reduce the need for re-inspections, and will allow the County to recover its costs in being forced to set the matter for hearing; 3) Provide for administrative civil penalties to be recoverable through the lien process; and 4) Change the time owners/tenants have to abate the nuisance to 10 days from the date the mail action requested ADOPT ORDINANCE AND AUTHORIZE CHAIR TO SIGN. (County Counsel) 3.12* Budget Adjustment for Grant Augmentation Funds - Victim Assistance Program - In October 2015 the California Governor's Office of Emergency Services-Victim Witness Unit, informed counties that additional Victims of Crimes Act (VOCA) program funding would be available for fiscal year (FY) 2015- 16 to provide additional and/or enhanced services for victims of crime. Butte County applied for the grant augmentation, and was awarded an additional $64,543 for the current fiscal year. Board approval is requested for an adjustment to the District Attorney-Victim Assistance budget to accept and appropriate the additional revenue. The funds will be used to provide increased advocacy services action requested APPROVE BUDGET ADJUSTMENT. (4/5 vote required) (District Attorney) 3.13* Memorandum of Understanding (MOU) between BCDBH and DESS - Treatment, Referral, Assessment, Case Management (TRAC) - Approval is requested for an MOU with Butte County Department of Behavioral Health (BCDBH) to provide mental health and/or alcohol and drug treatment services for children, their parents and family members who are at risk of child abuse and in need of prevention or intervention services. All clients served will be referred by DESS Children's Services and the Substance Abuse Assessment Referral program. It is anticipated that this MOU will provide services to approximately 300 persons on an annual basis. The term of this agreement is January 26, 2016 through June 30, 2018 with a maximum payment amount of $1,762,000 ($352,400 for FY 2015-16, $704,800 for FY 2016-17 and $704,800 for FY 2017-18) action requested APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (DESS) 3.14* Resolution Recognizing Employment and Eligibility Staff Week - The Director of DESS requests adoption of a resolution recognizing the week of January 25, 2016 as Employment and Eligibility Staff week action requested ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (DESS) 3.15* Fiscal Year 2015-16 Budget Adjustments The Department is requesting approval of a budget adjustment as follows: 1) Appropriate $16,000 in unanticipated revenue to be used as a contracted service for care and case management to frail elderly and functionally impaired adults to help prevent or delay placement in nursing facilities; 2) Appropriate $286,275 in unanticipated revenue from the Foster Parent Recruitment, Retention and Support (FPRRS) program. These funds are used for caregiver supports, respite care, mentoring, foster parent recruiter, exceptional child wellbeing activities, foster parent recruitment and retention program, and family finding and engagement services; and 3) Appropriate $21,000 in unanticipated revenue from the welfare fraud incentive fund to purchase a full-size sedan for program needs action requested APPROVE BUDGET ADJUSTMENT (4/5 vote required) AND AUTHORIZE CAPITAL ASSET PURCHASE. (DESS) JANUARY 26, 201615 BOARD OF SUPERVISORS AGENDA PAGE 3 OF 15 3.16* Agreement with Regents of the University of California - UC Davis for Consultation and Coaching Services - Approval is requested for an agreement with Regents of the University of California (UC Davis) to provide consultation and coaching services to DESS staff. UC Davis will provide consultation and technical assistance to County child welfare social workers, supervisors, and program managers as it relates to Safety Organized Practice strategies and tools, and best practice implementation. The term of the agreement shall be February 1, 2016 through June 30, 2016 with a maximum payable amount of $28,155 action requested APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (DESS) 3.17* Award of Contract to Allana, Buick and Bers, Inc. - Roof Designs at 25 County Center Drive, Oroville - The offices located at 25 County Center Drive, in Oroville, are comprised of three buildings connected by the atrium. The roof on the North building was replaced two years ago, and now the roofs on the East and the Southwest buildings have failed and are no longer serviceable exposing the facility to water intrusion damages. Staff recommends that the Board approve a $48,782 contract with Allana, Buick and Bers, Inc., a firm specializing in building exterior facade, roofing and waterproofing systems, to develop a design for the two roofs to improve drainage and to improve the roof safety system to meet current safety requirements for staff servicing roofing components in the future. Funding is included within the General Services FY 2015-16 Budget and no additional appropriation is required action requested APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (General Services) 3.18* Contract Award to LPA, Inc. to Provide Design Services for the Oroville Government Campus Infrastructure Project - In the past year, challenges resulting from obsolete infrastructure have affected County operations on the Oroville Government Campus on numerous occasions. The Oroville Government Campus Master Plan, accepted by the Board on August 28, 2012, identified numerous infrastructure improvements that are necessary in the Oroville Government Campus to sustain existing County facilities and to be prepared for future facilities needs. These proposed improvements include street, pedestrian, wayfinding, utility and lighting upgrades along County Center Drive that are best designed and constructed in a coordinated plan. After an extensive selection process, staff recommends that the Board award the contract for the design phase of Oroville Government Campus Infrastructure Project to LPA, Inc., with a not-to-exceed amount of $315,000. Once the improvements are designed, staff will return to the Board for approval of the construction contract. Funds for this design phase are included within the approved Capital Project budget and no additional appropriation is required action requested APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR- CONTROLLER. (General Services) 3.19* Budget Adjustment for Phase II Environmental Analysis of 1951 Locust Street, Chico - Subsequent to the relocation of the Chico Public Works Yard, the County is considering future plans for the previous site located at 1951 Locust Street. Part of the considerations for future plans require that a Phase II environmental analysis be completed to analyze soil and other site conditions. Staff recommends that the Board approve a $29,900 Budget Adjustment from Public Works to General Services to allow General Services to complete the analysis action requested APPROVE BUDGET ADJUSTMENT. (4/5 vote required) (General Services) JANUARY 26, 201615 BOARD OF SUPERVISORS AGENDA PAGE 4 OF 15 3.20* Budget Adjustment to Replace the HVAC and Lighting Controls System at 202 Mira Loma Drive, Oroville - The Department of Employment and Social Services and the Public Health Department lease space at 202 Mira Loma Drive in Oroville for various County programs. Under the terms of the lease agreement, the County pays for gas and electricity and is responsible for maintenance of the heating, ventilation and air conditioning (HVAC) and lighting controls that consume the gas and electricity. The existing control system is 15 years old, is no longer serviceable, and does not allow for energy conservation aimed at reducing the cost of utilities. Staff recommends that the Board approve a $51,000 budget adjustment to move funding from the FY 2015-16 DESS and Public Health budgets to General Services to allow General Services to replace the controls system with a modern and efficient system, consistent with other county maintained buildings action requested APPROVE BUDGET ADJUSTMENT (4/5 vote required); AND APPOINT THE GENERAL SERVICES DIRECTOR AS THE OFFICER OF THE PROJECT. (General Services) 3.21* Contract Award to Modern Building, Inc. for the Public Health Office Remodel at 78 Table Mountain Boulevard, Oroville - The Public Health Clinic, located at 78 Table Mountain Boulevard in Oroville, CA is in need of a renovations to increase efficiency and to better serve their clients. Bids were received from three firms as follows: 1) Modern Building, Inc. - $159,335; 2) Buskirk Construction, Inc. - $165,982; and 3) Hometown Construction, Inc. - $198,484. Staff recommends that the contract be awarded to the lowest responsive bidder, Modern Building, Inc. of Chico in the amount of $159,335. The detailed plans and specifications are available for review in the General Services Department office action requested 1) APPROVE THE PLANS AND SPECIFICATIONS FOR THE PUBLIC HEALTH OFFICE REMODEL, RFQ NO. 53-16; 2) APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW OF COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 3) APPOINT THE GENERAL SERVICES DIRECTOR AS THE OFFICER OF THE PROJECT. (General Services) 3.22* Award of Contract for County Library Architectural Design Services to NorthStar Engineering, Inc. On November 24, 2015, the Board approved the Butte County Library Radio Frequency Identification (RFID) project. Part of the project entails facility modifications at the Chico branch to install automated materials handling and sorting equipment that will improve efficiency throughout the Butte County Library system. In addition, several other interior improvement projects funded primarily by the Friends of the Library have also been planned in the approved FY 2015-16 budget for the Chico Library, including the installation of a revised Public Computer Center, Public Media Center, Reference Center and Public Teen Center. Staff plans to utilize a single design firm for the series of modifications to ensure a consistent design throughout the planned projects. Staff recommends that the Board award the not to exceed $16,450 design contract to NorthStar Engineering for the development of schematic design and final construction documents and for construction administrative services through construction. Funds are included in the current Capital Project budget, and no additional appropriation is required action requested APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (General Services) JANUARY 26, 201615 BOARD OF SUPERVISORS AGENDA PAGE 5 OF 15 3.23* Facility Sub License Agreement: Fire Station 10 and Butte Meadows and Jonesville Community Association - Volunteer Fire Station 10, located at 7680 Humboldt Road in Butte Meadows, is on land licensed to the County by Sierra Pacific Industries and in a facility originally constructed by the Butte Meadows and Jonesville Community Association (Association). In addition to an active volunteer crew, the facility is regularly used by the Community Association for fundraising to assist the volunteer firefighters and for other community based activities. Staff recommends that the Board approve a sub-license agreement, with a term extending to January 25, 2041 to formalize the use of the facility by the Association action requested APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (General Services) 3.24* Employee Relations, Inc. Agreement Request approval of an agreement with Employee Relations, Inc. for the provision of background screening and pre-employment services. The agreement has the same terms set forth in the RFP (No. R-316-15) completed by Solano County for these services. The term of the new agreement is upon the last date executed by the County through June 30, 2018. The $49,999 not-to-exceed agreement amount is based on anticipated services action requested APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Human Resources) 3.25* 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, Administration and Employment and Social Services. These changes will increase the total allocations in the County by 1 FTE: HUMAN RESOURCES: The Human Resources Department is requesting to add the classification of Associate Clerk of the Board (Class Code 1007 with a salary range of 40 to Section 57, Reference F agreed to by Human Resources and the applicable employee group. The Human Resources Department is requesting to delete the classification of Associate Clerk of the Board (Class Code 1007 with a salary range of 40 to Section 57, Reference E (Effective 01/02/2016) of the Salary Ordinance titled, . These changes have been agreed to by Human Resources and the applicable employee group. ADMINISTRATION: Concurrent with Human Resources requests above, the Administration Department is requesting to delete one (1) Manager, Support Services-C and to add one (1) flexibly staffed, Associate Clerk of the Board, Administrative Assistant, Senior-C, Administrative Assistant-C to provide more flexibility within the position and to better meet the needs of the department. The total allocations in the department will remain unchanged and there will be no budget impact on the General Fund. EMPLOYMENT AND SOCIAL SERVICES: The Department of Employment and Social Services is requesting to add one (1) Supervisor, Social Work. State regulations require counties to complete qualitative case reviews. This position will be added to the Continuous Quality Improvement (CQI) unit. State guidelines also recommend that these positions be at a supervisor or higher level to ensure the reviewers are not responsible for service delivery or decision making for the cases or referrals being reviewed. This addition will increase the total allocations by one (1) and there will be no budget impact on the General Fund action requested ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) JANUARY 26, 201615 BOARD OF SUPERVISORS AGENDA PAGE 6 OF 15 3.26* Contract for Library Branch-to-Branch Courier Services with Discount Mail Service, Inc. (DMS) - In November 2015 the Library solicited for proposals in search of a dedicated courier service for the County's five Library branches. Four vendors responded to the request for proposal. The contract was awarded to Discount Mail Service, Inc. (DMS) who submitted a proposal for $1,452 per month. In addition, DMS demonstrated an understanding of the needs of Library delivery services. DMS will provide dedicated delivery services to the five branches, three days a week and alternate days during holidays. The term of the contract is February 1, 2016 through January 31, 2018, for a not-to-exceed amount of $36,000 action requested APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Library) 3.27* Medi-Cal Managed Care Program Participating Provider Agreement with Celtic Insurance Company for Public Health Clinics - Requested is approval of a Medi-Cal Managed Care Program Participating Provider Agreement with Celtic Insurance Company for the Public Health Clinics. Celtic Insurance Company is the parent company of California Health and Wellness, a Medi-Cal Managed Care insurance plan serving Butte County. Currently, the Public Health Clinics have the ability to provide reproductive health services to the Managed Medi-Cal population without being a contracted provider. In order to continue to provide additional services, such as Sexually Transmitted Disease (STD) Treatment, Tuberculosis Test, Pre-Employment Physicals, etc., Public Health must be a contracted provider. The department currently provides these services but must obtain prior authorization for each client which can slow down the ability to provide services in a timely fashion. Once the department is a contracted provider, most services will not require prior authorization from Celtic Insurance Company. Entering into this agreement will also give the department the opportunity to expand services in the future to assist in meeting the needs of Butte County residents action requested APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Health) 3.28* Surplus Modular Furniture - The Public Health department requests the Board of Supervisors to declare as surplus the following capital asset: modular furniture, which was purchased in 2007 for $7,280.76. The furniture is no longer needed by the department due to a reconfiguration and use of the space where the furniture is currently located. Therefore, the item is no longer needed and, if approved, can be sent to County surplus action requested 1) DECLARE CAPITAL ASSET ITEM NO. 27529 AS SURPLUS; 2) DIRECT THE ITEM TO BE REMOVED FROM THE CAPITAL ASSET INVENTORY LIST; AND 3) AUTHORIZE THE TRANSFER TO COUNTY SURPLUS IN ACCORDANCE WITH COUNTY POLICY. (Public Health) JANUARY 26, 201615 BOARD OF SUPERVISORS AGENDA PAGE 7 OF 15 3.29* Approve Update of Public Works Capital Projects for Fiscal Year 2015-16 The Board of Supervisors approves the Proposed Work Program for road and bridge projects each year with the adopted budget. As the year progresses, projects may be delayed or added based on factors impacting project delivery or funding. Public Works Staff recommends adding two construction projects to the Proposed Work Program for FY 2015-16: 1) Durham-Dayton Hwy at Oro-Chico Hwy/Book Farm Road - Intersection Improvements - With the construction of the new FedEx distribution facility at the southwest corner of the Durham-Dayton Highway interchange at Hwy 99, it is necessary to provide left turn pockets for this new development and future developments at the intersection of Durham- Dayton Hwy, Oro Chico Hwy and Books Farm Road. The improvements are necessary because of the development and, therefore, it is appropriate to use the County Wide Transportation impact fees to pay for this work. Public Works recommends this project be added to the list of projects funded by the County Wide impact fees. The Department will design the improvements this winter/spring with plans to construct the improvements during the summer; and 2) CSA 4 Overlay Project - Creston Road in Paradise Pines - In 2015, the Board added the service of Road Maintenance to the services provided by CSA 4 in the Paradise Pines area. The addition of this service to CSA 4 had to be approved by LAFCO, which was completed after the approval of the Department's current budget. Public Works recommends adding a project to overlay one of the main collector roads in the area. The Department plans to put the project out to bid this spring with work to be completed during late summer action requested APPROVE UPDATE OF ROAD FUND PROPOSED WORK PROGRAM FOR FY 2015-16. (Public Works) 3.30* Agreement with Golder Associates, Inc. - The operator of the landfill gas to energy facility, Ameresco, contracts with Golder Associates to provide well field "tuning" to maximize gas collection for its energy plant. Golder provides this service once per month. Under local, state, and federal air quality regulations, Neal Road Recycling and Waste Facility (NRRWF) is required to monitor and report parameters of landfill gas wells once per month as well to determine compliance with regulations. NRRWF staff and Ameresco staff have found that twice per month tuning of the wells has provided the best quality gas and volume allowing the energy plant to maximize electricity generation. When the amount of electricity is increased, the County benefits in higher royalties from the sale of energy. The proposed contract, with a three year not-to-exceed amount of $64,077, would allow Golder to monitor and make adjustments to the wells twice per month; one visit paid by Ameresco and the second visit paid by the County. Should a gas well be found to be out of compliance, the contractor could make adjustments and monitor for compliance during the next visit, which could save the County money by avoiding off-schedule, follow-up monitoring fees. NRRWF contracts with SCS Engineers (SCS) for environmental compliance reporting services. SCS will continue to do NRRWF's compliance reporting. Golder will provide SCS with the monthly monitoring data for the landfill gas wells to incorporate into required reports action requested - APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN ON BEHALF OF THE COUNTY AFTER REVIEW BY COUNTY COUNSEL. (Public Works) JANUARY 26, 201615 BOARD OF SUPERVISORS AGENDA PAGE 8 OF 15 3.31* Technical Collaboration on Interconnected Subbasins to Advance Sustainable Groundwater Management - The Sustainable Groundwater Management Act of 2014 (SGMA) went into effect on January 1, 2015. Butte County is a Groundwater Sustainability Agency (GSA) for the subbasins in Butte County. The subbasins in the Sacramento Valley are interconnected with those in Butte County to varying degrees. One of the more complex issues to implement in regard to SGMA involves how GSAs in adjoining subbasins will account for the interaction between their respective subbasins. To address this issue, Butte County received a grant award of $85,000 from the Water Foundation program of the Resour IRWM Inter-Basin Data and Modeling Coordination." The project is a technical assessment of how groundwater modeling approaches address interconnections between 11 subbasins in the northern Sacramento Valley. The project will provide recommendations to account for inter-basin interactions, document recommended methodologies, and provide a case study and appraisal partment will complete the project using consultant services action requested APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Water and Resource Conservation) 3.32* Drought Task Force Report - In 2004, Butte County adopted the Drought Preparedness and Mitigation Plan (Resolution 04-200). A key element of the Plan was the creation of the Drought Task Force (DTF). The charge of the Drought Task Force is to monitor hydrologic conditions throughout the water year and report the findings to the Water Commission and the Board of Supervisors biannually, quarterly, or monthly as needed. On January 17, 2014, Governor Brown declared a statewide drought emergency and issued an executive order. On January 31, 2014, Butte County activated the Drought Emergency Operation Center. The Drought Action Plan is currently in a Level 1 response and has a two week operational period. The DTF met on December 7, 2015 to discuss fall groundwater level measurements, hydrologic conditions, drought impacts, and state drought restrictions. The report of DTF December 7, 2015 meeting was presented to the Butte County Water Commission on January 6, 2016. The DTF and Water Commission do not have any recommendations for the Board of Supervisors at this time. The DTF will meet next in the spring of 2016 action requested ACCEPT FOR INFORMATION. (Water and Resource Conservation) 3.33* First 5 Butte County Children and Families Commission (BCCFC) FY 2014-15 Annual Audit and Financial Statements and Annual Report First 5 BCCFC submits the FY annual audit reports and financial statements as per Ordinance 3555, Butte County Code 2-100.70(d). The Commission held a public hearing and accepted the audit report. Also submitted is the FY 2014-15 Annual Report action requested ACCEPT FOR INFORMATION. (Other departments/agencies) 4.Regular Agenda 4.01* Boards, Commissions and Committees A.Appointments to Listed Vacancies B.Board Member/Committee Reports and Board Member Comments ( Pursuant to CA State law, the Board is prohibited from taking action on any item not listed on the agenda.) 4.02 Update of Current Budget/Legislative Issues by the Chief Administrative Officer - action requested - PROVIDE DIRECTION TO STAFF. JANUARY 26, 201615 BOARD OF SUPERVISORS AGENDA PAGE 9 OF 15 4.03 Items Removed from the Consent Agenda for Board Consideration and Action. 4.04* Electronic Payment Policy - Electronic payments are currently accepted on a limited basis by the County. Such payments are typically made through a third party vendor and require customers to pay a "convenience fee" of varying amounts. This additional fee has proven to be a strong disincentive to making electronic payments, even as departments add more on-line services and seek to increase efficiency. A number of County departments have indicated a desire to accept electronic payments at no additional cost to customers. The elimination of convenience fees should result in increased utilization of on-line payments and enhance customer service. The Support Services Coordination Team recommends establishing a policy allowing departments to absorb the costs of electronic payments as a cost of doing business when there is a business case for doing so. Consistent with the costs related to accepting cash and checks, the costs of electronic payments would be absorbed into the departments' budgets and/or included in user fee calculations. The Permit Streamlining and Communications Work Teams have each expressed strong support for such a policy action requested - APPROVE POLICY (County Administration) 5.Public Hearings and Timed Items 5.01* 9:30 a.m. Public Hearing - Itemized Cost of Medical Marijuana Nuisance Abatement Enforcement to Record a Lien and Impose a Special Assessment - On November 6, 2014, a Hearing Officer declared a public nuisance existed on the property listed below. This hearing has been scheduled to authorize the Board of Supervisors to record a lien to recover the County's costs on the following property: Jordan Hill Road, Oroville CA; APN 058-160-123; Case # CE14-0153. The lien amount is $5,446.60. Due to noticing requirements that were not met, the Department requests to continue the hearing until February 9, 2016 at 9:30 a.m. action requested CONTINUE ITEM TO FEBRUARY 9, 2016 AT 9:30 A.M. (Development Services) JANUARY 26, 201615 BOARD OF SUPERVISORS AGENDA PAGE 10 OF 15 5.02* 9:40 a.m. Public Hearing Adopt a Mitigated Negative Declaration for the Midway Bridge Replacement Project at Butte Creek The Butte County Department of Public Works proposes to construct a new highway bridge, approximately 1,600 feet long, on the Midway that will span both Butte Creek and the Butte Creek Overflow channel. This project will replace two existing bridges originally constructed in 1915 and 1918. The proposed project will construct the new bridge just downstream and parallel to the existing bridges which allows the Midway to remain open to traffic until the new bridge is complete. The California Environmental Quality Act (CEQA) requires an environmental analysis of all projects that are not categorically exempt from analysis and which may have an effect on the environment. The Initial Study and supporting environmental studies provide justification for a Mitigated Negative Declaration pursuant to CEQA. The Proposed Mitigated Negative Declaration has been prepared in accordance with CEQA and the State CEQA Guidelines. During the December 8, 2015 Public Hearing to consider adopting the Proposed Mitigated Negative Declaration, the Board heard requests from the public to consider replacing the bridge along its existing alignment. This would require closing the Midway and providing detours for approximately 18 months. The Board continued the Public Hearing to January 26, 2016 to allow for additional community meetings and outreach on the proposed project and alternate alignments. Additional community meetings were held in Richvale on December 17, 2015 and Durham on January 21, 2016. Public Works recommends the Board approve the new bridge to be built directly downstream from the existing bridges and keep the Midway and old bridge open during construction, which will provide access for approximately 1,200 vehicles per day on the route action requested ADOPT THE MITIGATED NEGATIVE DECLARATION FOR THE MIDWAY BRIDGE REPLACEMENT PROJECT AT BUTTE CREEK COUNTY PROJECT 26311-09-1, FEDERAL BRIDGE REPLACEMENT PROJECT BRLS-5912 (085), REGARDING ENVIRONMENTAL IMPACTS, ALONG WITH FINDINGS LISTED IN THE STAFF REPORT AND AUTHORIZE THE CHAIR TO SIGN ATTACHMENT G OF THE MITIGATED NEGATIVE DECLARATION. (Public Works) 5.03* 10:00 a.m. Timed Item Oroville Veterans Memorial Park Next Construction Phase Scope of Work and Funding Options - The Veterans Memorial Park Committee (Committee), a non-profit organization, was formed in 2001 to bring the concept of the Oroville Veterans Memorial Park for all of Butte County to fruition. Since that time, funds in excess of $1 million have been assembled from grants, donations and general fund allocations for the Project. In October 2015, the Veterans Memorial Park Committee was awarded $112,000 from a Supplemental Benefits Funds (SBF) grant with a required match of $ 46,750. The Committee has agreed to donate SBF grant money and the $46,750 held in Committee reserves to the County in exchange for the County completing the next phase of the construction project. However, the combined $158,750 is not sufficient for completing the next phase. The County may choose to reject the donation offered. If the donation is accepted, the County must then determine which scope of work to complete, each with a different County contribution. Staff recommends that the Board approve the scope of work associated with completing the entire next phase of the project, which will make the park usable by the public and include the construction of a Wall of Honor that will increase fundraising opportunities. This option will require $219,250 from General Fund Contingencies. Additional details are included the staff report action requested 1) APPROVE STAFF RECOMMENDATION TO COMPLETE THE ENTIRE NEXT PHASE OF THE PROJECT; 2) APPROVE BUDGET ADJUSTMENT (4/5 vote required) INCLUDING $219,250 FROM GENERAL FUND CONTINGENCIES; AND 3) DIRECT STAFF TO RETURN TO THE BOARD FOR APPROVAL/ EXECUTION OF NECESSARY DOCUMENTATION. JANUARY 26, 201615 BOARD OF SUPERVISORS AGENDA PAGE 11 OF 15 ( 6.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. Recess Recess as the Butte County Board of Supervisors and convene as the Butte County In-Home Supportive Services Public Authority Board. JANUARY 26, 201615 BOARD OF SUPERVISORS AGENDA PAGE 12 OF 15 IN-HOME SUPPORTIVE SERVICES PUBLICAUTHORITYBOARD AGENDA JANUARY26,2016 1. Call to Order - Butte County Board of Supervisors Chambers, 25 County Center Drive, Oroville. 2.Consent Agenda 2.01* Fiscal Year 2015-16 Budget Adjustment - On February 1, 2016, the Federal Fair Labor Standards Act (FSLA) and requirements set forth by California Senate Bill 855 (SB 885) will be implemented, which will require the California Department of Social Services (CDSS) to monitor and administer FLSA standards for In-Home Support Services (IHSS) providers. SB 855 places primary responsibility for monitoring provider hours and administering the FLSA standards on County staff (IHSS Social Workers and administrative support staff) as well as Butte County Public Authority staff. The anticipated workload increase for the Butte County Public Authority (PA) creates an operational need for the addition of one contractual Public Authority Services Specialist/ Public Authority Services Specialist Aide position. This new contracted Public Authority position will help to provide for expanded recruitment efforts, maintenance of an expanded list of providers seeking employment, and increased capacity for referrals connecting providers with consumers. The Department requests the IHSS PA Board to approve a $24,200 budget adjustment to provide for the new contracted position. The IHSS PA Board will be requested to approve the contracted position at a future date action requested APPROVE BUDGET ADJUSTMENT. (4/5 vote required)(Employment and Social Services) 2.02* Contract Execution with Pan American for Health Insurance Policy and Administrative Services The Butte County Public Authority and California United Healthcare Workers have agreed to slightly modify/enhance the existing health plan and to extend the contract for the health plan for the In- Home Support Service (IHSS) Workers. The term of the new plan is February 1, 2016 through January 31, 2017. The cost remains the same as the existing plan, which is $281/month for each eligible provider up to a cap of 525 providers, with a not-to-exceed cost of $1,770,300 for the 12-month term. The revised term of the agreement is February 1, 2015 through January 31, 2017 with a maximum amount not-to-exceed $3,540,600 (an increase of $1,770,300) APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR- CONTROLLER; AND AUTHORIZE THE DEPARTMENT OF EMPLOYMENT AND SOCIAL SERVICES DIRECTOR, IN HER CAPACITY AS THE EX-OFFICIO IHSS PA DIRECTOR, TO SIGN ALL ADMINISTRATIVE DOCUMENTS WHICH ARE NECESSARY TO IMPLEMENT THE REVISED INSURANCE PROGRAM. (Human Resources) 3.Regular Agenda (No Items) 4.IHSS PA Board Closed Session (No Items) 5.IHSS PA Board Public Comment (each speaker limited to five minutes) Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board of Supervisors is prohibited from taking action on any item not listed on the agenda. Adjournment Adjourn as the In-Home Supportive Services Public Authority Board and reconvene as the Butte County Board of Supervisors. JANUARY 26, 201615 BOARD OF SUPERVISORS AGENDA PAGE 13 OF 15 7.Closed Session 7.01ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(1) -2 CASES 1.EALS BOARD LEGACY CASE NO. ADJ7904335 (CLAIM NUMBER: BUAG-541777); AND 2. CASE NO. ADJ8321113 (CLAIM NUMBER: BUAH-549727) 7.02 PUBLIC EMPLOYEE EMPLOYMENT, APPOINTMENT, RECRUITMENT, 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 7.03 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTY APN: A PORTION OF 031-040-039 AGENCY NEGOTIATOR: GRANT HUNSICKER NEGOTIATING PARTY: BUTTE COUNTY OFFICE OF EDUCATION NEGOTIATIONS: TERMS AND CONDITIONS OF CONVEYANCE 7.04 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTY APN: 003-180-021 AGENCY NEGOTIATOR: GRANT HUNSICKER NEGOTIATING PARTY: JUDICIAL COUNCIL OF CALIFORNIA ADMINISTRATIVE OFFICE OF THE COURTS NEGOTIATIONS: TERMS AND CONDITIONS OF CONVEYANCE 7.05 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: JACK HUGHES AND BRIAN RING EMPLOYEE ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA; DSA - MANAGEMENT/SUPERVISORY UNIT; DSA- GENERAL UNIT; BCCOA - SUPERVISORY UNIT; BCCOA - GENERAL UNIT; CONFIDENTIAL UNIT; PPOA - MANAGEMENT UNIT; NON-REPRESENTED UNIT; SKILLED TRADES UNIT JANUARY 26, 201615 BOARD OF SUPERVISORS AGENDA PAGE 14 OF 15 Butte County Department Heads Information and Procedures Concerning the Agenda and Board of Supervisors Meetings Agricultural Commissioner: Meeting Information: Luis Mendoza Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are Assessor*: held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. At Diane Brown the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed Auditor-Controller*: as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted Dave Houser meeting calendar for the year are available in the County Administrative Office or on the Clerk of the Board website page. Behavioral Health: Dorian Kittrell Agenda Information: Chief Administrative The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72 Officer: hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board Paul Hahn website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to explain Chief Probation Officer: each agenda item (excluding documents that are not a public record within the meaning of the Public Records Act) Steve Bordin are available for your review at the County Administrative Office, the Chico, Oroville, and Paradise libraries (please Interim Child Support do not remove items from these files), and at the Clerk of the Board website. Copies of supporting materials can Services: be made for you at a charge to cover costs. The list of communications included with the agenda packages is not Rhonda Ross comprehensive. Additional communications to the Board of Supervisors may have been received but not included in the agenda supporting material. Copies of all communications received by the Board of Supervisors (excluding Clerk-Recorder-Registrar of Voters*: documents that are not a public record within the meaning of the Public Records Act) are available at the Candace Grubbs Administrative Office upon request. An (*) appearing before an agenda item signifies that material has been provided to the Board of Supervisors members to explain that item. County Counsel: Bruce Alpert Agenda Format and Meeting Order: Development Services: The agenda is usually organized into the following areas and meetings generally proceed in the following order: Tim Snellings 1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the District Attorney*: Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in the MikeRamsey back of the board room) and give it to the Clerk of the Board (sitting to the right of the Board) or, when the Chair asks if there is anything anyone would like to remove from the Consent Agenda, stand and approach the podium Employment & Social and request the item be removed. The removed items are discussed at the end of the Regular Agenda. Services: Cathi Grams 2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items removed from the Consent Agenda are discussed under this section. Farm, Home & 4-H Advisory: 3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are Randall Mutters set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time Interim Fire Chief: listed, but will never start before the time listed. Darren Read 4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any General Services: matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda, Grant Hunsicker but may respond to statements or questions and provide staff direction. 5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances. This area of Human Resources: the agenda identifies those items that will be discussed during the closed session. Brian Ring Information Systems: Public Participation: Art Robison It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow Library: members of the public the opportunity to comment on all matters before the Board. Public participation is limited Melanie Lightbody to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing of these Public Health: policies and procedures can be found in the printed booklet agenda, obtained at the County Administrative Office, Cathy Raevsky or viewed at the Clerk of the Board website. Public Works: The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with Mike Crump special needs should call the Clerk of the Board at 530-538-7631, Monday through Friday, 8:00 a.m. to 5:00 p.m. to Sheriff-Coroner*: request disability-related modifications/accommodations or to request materials in alternate formats. All requests Kory Honea for special accommodations and/or alternative format documents must be made 48 hours prior to the meeting. Treasurer-Tax Collector*: For further information contact the: Peggy Moak Clerk of the Board of Supervisors Water & Resource County Administrative Office Conservation: 25 County Center Drive, Suite 200, Oroville, CA 95965 Paul Gosselin 530-538-7631 *Elected Official JANUARY 26, 201615 BOARD OF SUPERVISORS AGENDA PAGE 15 OF 15