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HomeMy WebLinkAboutA030816 BUTTECOUNTY MEMBERS OF THE BOARD BOARDOFSUPERVISORS BILL CONNELLY, CHAIR, DISTRICT 1 LARRY WAHL, DISTRICT 2 RMA EGULAR EETING GENDA MAUREEN KIRK, DISTRICT 3 M8,2016 STEVE LAMBERT, DISTRICT 4 ARCH DOUG TEETER, 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* Fiscal Year 2015-16 Exotic Pest Detection Trapping Contract - The Fiscal Year (FY) 2015-16 Exotic Pest Detection Trapping is a long-standing contract. The contract, in the amount of $56,319, is for placing and servicing traps for the detection of exotic pests, which are considered hazardous to agriculture and to the economy of California. Those insects may include, but are not limited to, Mediterranean Fruit Fly, Oriental Fruit Fly, Melon Fly, Gypsy Moth, Japanese Beetle, and other invasive exotic pests. This agreement includes delimitation work associated with the detection of one or more life stages of the above target pests in the County. The State of California, upon submittal of a monthly invoice, reimburses Butte County. The term of the contract is July 1, 2015 through June 30, 2016 action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Agriculture) 3.02* Agreement with Sutter Health Sacramento Sierra Region - Sutter Health Sacramento Sierra Region, provides inpatient psychiatric hospitalization services. The State mandates contracting with managed Health (BCDBH) began drafting the managed care hospital agreements in April 2015 but needed to hospital for the new fiscal year. Once negotiated, their contract must be fully executed by their respective governing board. The State is notified by the host county of the contracted rates, and all other counties who contract with the hospital utilize those rates per the direction of the State. Due to these requirements, agreements with managed care hospitals are typically approved later in the fiscal year. Approval is requested for an agreement with Sutter Health Sacramento Sierra Region to provide inpatient psychiatric services for clients referred by BCDBH. The term of this agreement will be July 1, 2015 through June 30, 2017. The maximum financial obligation under this agreement shall not exceed $700,000 ($350,000 in FY 2015-16 and $350,000 in FY 2016-17) action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) March 8, 2016 BOARD OF SUPERVISORS AGENDAPAGE 1 OF 12 3.03* Agreement with California Mental Health Authority for Procurement of State Hospital Beds - On October 27, 2009, the Board of Supervisors approved Butte County Department of Behavioral ental Health Services Authority (CalMHSA) Joint Powers Authority (JPA). CalMHSA is authorized by its JPA to jointly develop and fund mental health services under, among other things, Division 5 of the California Welfare and Institutions Code, which includes the provision of necessary administrative services. The participating counties of the JPA authorize CalMHSA to contract for State hospital beds on their behalf and to make payment to the State for such usage consistent with the provisions of the Participation Agreement and the MOU to be entered into by CalMHSA and the California Department of State Hospitals (DSH). The draft agreement was provided to BCDBH for review in November 2015, with the request for a Board resolution to be completed as well. As directed by participating counties, CalMHSA will collectively work in achieving efficiencies as a single administrative body engaging in a single negotiation of terms and rates for bed utilization, monitoring billing to assure accuracy and fiscal stability, establishing quality assurance standards and procedures, review of shared financial analysis, and exploring opportunities and alternatives. Approval is requested for an agreement with CalMHSA for the procurement of State hospital beds. The term of this agreement will be July 1, 2015 through June 30, 2017. The maximum amount payable under this agreement will be $2,804 ($1,402 in FY 2015-16 and $1,402 in FY 2016-17) action requested 1) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 2) ADOPT THE RESOLUTION AND AUTHORIZE CHAIR TO SIGN. (Behavioral Health) 3.04* Appointment of Nominees in Lieu of Election Drainage District 100 - Pursuant to California Elections Code Section 10515, in districts where the number of persons who have filed a declaration of candidacy for director-at-large does not exceed the number of offices of director-at-large to be filled, the Board of Supervisors can appoint the nominees rather than requiring an election. Drainage District 100 has submitted a request for the appointment of Dennis Thengvall and Michael Lundberg to four (4) year terms. After the appointments are made, the Clerk of the Board will issue the Certificate of Appointment and Oath of Office document to each appointee action requested MAKE APPOINTMENTS AS REQUESTED. (County Administration) 3.05* Resolution Proclaiming March 2016 as Social Work Month - The Director of the Department of Employment and Social Services (DESS) requests that the Board of Supervisors adopt a resolution proclaiming March 2016 as Social Work Month in Butte County action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (DESS) 3.06* Contract with Mead & Hunt to Prepare Update to the Airport Land Use Compatibility Plan - Butte County was awarded a grant on March 25, 2015 from the California Transportation Commission to update the 2000 Butte County Airport Land Use Compatibility Plan (BCALUCP). The total grant is $110,000 of which $99,000 is provided by the State. The County is required to provide $11,000 in matching funds. The Board approved the matching funds on December 9, 2014. In October 2015, staff published a Request for Proposal for the update to the BCALUCP. One company, Mead & Hunt, submitted a proposal. Mead & Hunt prepared the current BCALUCP in 2000. The department recommends executing an agreement with Mead & Hunt in the amount of $110,000 with a term to expire on March 31, 2018. The California Transportation Commission requires the County deposit the $11,000 in matching funds along with $11,000 in project contingency funds in an ALUCP Special Aviation fund action requested 1) APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 2) APPROVE A BUDGET ADJUSTMENT (4/5 vote required). (Development Services) March 8, 2016 BOARD OF SUPERVISORS AGENDAPAGE 2 OF 12 3.07* Contract with Journal Technologies, Inc., for Case Management System - Board approval is requested for an agreement with Journal Technologies, Inc., selected through a Request for Proposals, for the provision, installation and customization of a case management system (eProsecutor) for the District Attorney's Office. The eProsecutor system is a centralized case management system that tracks all cases, names, notes and files. It will automate processes, generate documents, report data and send case reminders. The system will also include a public web-portal solution (eProsecutorPublic) that will allow Web-based access to predetermined information, and a development application (eProsectutor API) that will be used to create data integrations between the District Attorney's system and other agency systems. The total three-year contract maximum price is $350,000, which includes implementation services, data conversion services, and the first two years' annual license and maintenance costs for 115 users. The price includes support, maintenance, upgrades and training. Funding for the purchase is available using the District Attorney's Federal Treasury seizure funds, and Board approval is also requested for a budget adjustment accepting and appropriating the revenue, and transferring and appropriating the first year contract costs into the department's FY 2015-16 operating budget. Funding for subsequent contract years will be included in the department's budget during the annual budget process action requested 1) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND GENERAL SERVICES; AND 2) APPROVE A BUDGET ADJUSTMENT ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AND TRANSFERRING IT TO THE DEPARTMENT'S FY 2015-16 BUDGET (4/5 vote required). (District Attorney) 3.08* Notice of Completion for Butte County Hall of Records Project at 155 Nelson Avenue, Oroville, CA - On July 23, 2014, the Board awarded a $7,199,000 contract to BCM Construction Company, Inc., for the construction of the Butte County Hall of Records. The County secured an $8,000,000, 40 year loan with 3.5% fixed interest from the United States Department of Agriculture (USDA) Rural Development Community Facilities Direct Loan Program to construct a new office and warehouse building on County owned property on the corner of Nelson Avenue and Second Street. This 35,637 square foot building is home to the County Clerk/Recorder and Elections Divisions. In an effort to better accommodate long term needs and to capitalize on contractors already on site, a total of 69 change orders were implemented. The change orders, totaling $183,836.41, bring the total construction contract to $7,382,836.42. These contract change orders amounted to a net increase in the contract of 2.55%. The total project cost came in approximately $125,000 under budget. All contract work has been completed and inspected/approved by the County Development Services Department, the City of Oroville, and the General Services Department. Staff requests that the Board accept the work as complete, authorize the Chair to execute the Notice of Completion, direct staff to file the Notice with the Butte County Clerk Recorder, and release the retention thirty-five days after filing of the Notice, provided no liens have been filed action requested 1) RATIFY CONTRACT CHANGE ORDERS NO'S 1-69; 2) ACCEPT THE CONTRACT WORK AS COMPLETE AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; 3) DIRECT STAFF TO FILE THE NOTICE OF COMPLETION WITH THE COUNTY CLERK RECORDER; AND 4) AUTHORIZE THE RELEASE OF CONTRACT RETENTION PAYMENT 35 DAYS AFTER FILING OF THE NOTICE OF COMPLETION, PROVIDED NO LIENS HAVE BEEN FILED. (General Services) March 8, 2016 BOARD OF SUPERVISORS AGENDAPAGE 3 OF 12 3.09* Agreement with Esplanade Furniture for Countywide Furniture Purchases Butte County departments periodically purchase new or replacement furniture. General Services has completed a formal solicitation and has negotiated a managed procurement contract with Esplanade Furniture for use by all County Departments to streamline the process for procuring furniture. Staff recommends that the Board approve the $250,000 contract with Esplanade Furniture. This managed procurement contract will allow departments with adequate appropriations to make orders up to $25,000 without the need for additional solicitation, contract execution or involvement from General Services. General Services will be returning to the Board in the future with another managed procurement contract with Esplanade Furniture that will be utilized by County Departments when a service, such as installation, is required in addition to the furniture action requested - APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (General Services) 3.10* Agreement with Ray Morgan Company for Countywide Copiers - The County executed a contract with Ray Morgan, with an effective date of February 9, 2009, for multifunction copiers. When the 3- year contract was nearing the termination date, the County chose to amend the contract until December 31, 2016, and to retain the old equipment, but for a much lower cost per device. Now that the low cost multifunction copiers are nearly seven years old, they are starting to fail and require replacement with contemporary equipment. General Services recommends utilizing a solicitation managed recently by the Shasta Unified School District which was awarded to Ray Morgan Company for the same type of devices Butte County requires. Further, General Services recommends that a new contract be awarded to Ray Morgan Company that overlaps the current contract to allow for a phased delivery cycle that will meet the needs of County Departments. Once all departments have transitioned to the new copiers, the current contract will be terminated. The new $2,400,000 contract, spread over a five year term, will provide for the replacement of approximately 175 County-wide copiers, located in approximately 55 locations throughout Butte County buildings. This represents an annual increase in cost of approximately $125,000 due to procuring contemporary devices with new warranties and less downtime action requested - APPROVE THE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (General Services) 3.11* Award of Contract to NorthStar Engineering, Inc., for Design Services for the Oroville Veterans Memorial Park - On January 26, 2016, the Board approved an additional funding allocation in the amount of $219,250 for the Oroville Veterans Memorial Park of all of Butte County to supplement funding offered by the Oroville Veterans Memorial Park Committee. This next phase of design will include the columns and railings at the overlook, ADA/Accessible access into the overlook area, detailing of the concrete work, construction of the "Wall of Honor", design and construction of lighting, analysis of future construction phases, and design and placement of all future conduit necessary to allow for the ultimate park construction. NorthStar Engineering was the civil engineer of record for both the retaining wall system at the overlook, and the construction of the Park and Ride lots. They have retained a team of Geo-technical, Landscape Architectural, and Electrical sub- consultants to assist them with the design of this next phase of the project. Staff recommends that the Board approve the not-to-exceed contract of $46,205, to NorthStar Engineering, Inc. for design and construction administration services. Staff will return with the construction contract subsequent to the bidding phase of this project action requested 1) APPROVE THE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR- CONTROLLER; AND 2) APPOINT THE GENERAL SERVICES DIRECTOR AS OFFICER OF THE PROJECT. (General Services) March 8, 2016 BOARD OF SUPERVISORS AGENDAPAGE 4 OF 12 3.12* Butte County Correctional Officers Association - General Unit 12 Hour Shift Side Letter - To correctly report pensionable compensation for Correctional Deputies who are regularly scheduled to work 84 hours per biweekly pay period, the Butte County Correctional Officers Association - General Unit (BCCOA) and the County have reached an agreement to compensate the Correctional Deputies at their base rate of pay (no overtime pay) utilizing an exemption within the Fair Labor Standards Act for their regularly scheduled 84 hours during each pay period. In the past Correctional Deputies received overtime pay for hours 81 through 84. The parties have also agreed to pay the Correctional Deputies whom are regularly scheduled to work 84 hours per biweekly pay period, a pensionable 2.5% "Detention Services Premium" special pay. The change to paying 84 hours at straight time along with a 2.5% special pay is designed to be relatively cost neutral with minimal impact to the County General Fund action requested - ADOPT THE SIDE LETTER WITH BCCOA AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.13* Adoption of the Salary Ordinance for FY 2015-16 - The Department of Human Resources has prepared an updated Salary Ordinance. The ordinance includes details on allocated positions, and the salary plans for classified positions and elected and appointed officials. The ordinance is based on Board of Supervisors actions regarding positions through February 9, 2016 as well as clean-up of the format of the ordinance to improve readability. In addition, the proposed ordinance shows all hourly rates of pay with two decimals consistent with how employees are actually paid. Past ordinances have included four decimals. The conversion from four to two decimals was done in such a way that no employee will see a reduction in pay due to rounding. If approved, the effective date of the ordinance is March 8, 2016 action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.14* Amendment to Grant Agreement with the State Department of Public Health for the Emergency Preparedness Program - The Public Health Department currently has a grant agreement with the California Department of Public Health (CDPH) to provide funding for Butte County's Public Health Emergency Preparedness, Pandemic Influenza and Hospital Preparedness Programs in the amount of $1,406,406 for the period of July 1, 2014 through June 30, 2017. Funds from this grant are utilized to develop and implement specific activities related to emergency preparedness that are in accordance with the requirements of the Centers for Disease Control and the Local Grant Application Guidance. Examples of grant activities include health care system preparedness, volunteer management, emergency operations coordination, information sharing, community preparedness, and program management. CDPH is amending the current grant agreement to allow the department to utilize funds from the FY 2014-15 that were not expended. The term of the agreement remains July 1, 2014 through June 30, 2017 with a revised maximum amount receivable of $1,405,428 ($405,105 for FY 2014-15, $547,958 for FY 2015-16, and $452,365 for FY 2016-17). This revised total reflects updated allocation figures for FY 2015-16 in addition to the movement of unspent funds from FY 2014-15 to FY 2015-16. This amendment was anticipated and included in the budget, therefore, no additional appropriations are required action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR- CONTROLLER. (Public Health) March 8, 2016 BOARD OF SUPERVISORS AGENDAPAGE 5 OF 12 3.15* Amendment to Grant Agreement with California Department of Public Health for Ebola Preparedness and Response - The Public Health Department currently has a grant agreement with the California Department of Public Health (CDPH) to support accelerated state and local public health preparedness planning and operational readiness for responding to Ebola. The program develops and implements specific activities based on the Centers for Disease Control requirements. Examples of grant activities include community preparedness, public health surveillance and epidemiological investigation, and responder safety and health. CDPH is amending the grant agreement to extend the term of the agreement by nine months. Requested is approval of an amendment between the California Department of Public Health and the County of Butte to revise the term of the agreement to July 1, 2015 through June 30, 2017. All other aspects of the grant agreement remain the same action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Health) 3.16* Authorization to Award Module 4, Phase F Liner Project to the Lowest Responsive and Responsible Bidder - On January 12, 2016, the Butte County Board of Supervisors authorized the Department of Public Works to advertise the Module 4, Phase F Liner Project for the Neal Road Recycling and Waste Facility. On February 16, 2016, six bids were received and opened. The lowest responsive and responsible bidder was Ford Construction Company, Inc. of Lodi, CA. The low bid amount was $692,800.00 which is 17.57% below the engineers estimate of $840,460.00 action requested - AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER AND AUTHORIZED THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. (Public Works) 3.17* Proposed Revisions to Zoning Ordinance Regarding Temporary Real Estate and Political Signs in the Road Right-of-Way - On February 10, 2015, the Butte County Board of Supervisors directed staff to process a Zoning Ordinance Amendment regarding temporary real estate and political signs in the County road right-of-way. The Department of Public Works worked with the Development Services Department and County Counsel's Office to draft the proposed Zoning Ordinance Amendments and were prepared to bring them to the Butte County Planning Commission when the Supreme Court issued its decision in Reed vs. Town of Gilbert that placed new legal burdens on local agency sign regulations. In light of the recent Supreme Court decision, County Counsel's office and the Development Services Department are reviewing the County's existing sign regulations in our Zoning Ordinance to determine whether amendments will need to be made. Staff recommends the County not proceed with the proposed Zoning Ordinance Amendments regarding temporary real estate and political signs in the County road right-of-way until such time as a review of the existing signs regulations are complete and additional information is learned about the impacts of the Reed vs. Town of Gilbert decision action requested - DIRECT STAFF TO NOT PROCEED WITH PROPOSED REVISIONS TO THE ZONING ORDINANCE UNTIL SUCH TIME AS IMPACTS FROM THE REED VS. TOWN OF GILBERT ARE BETTER KNOWN. (Public Works) 3.18* Public Auction Sale of Tax-Defaulted Properties - In accordance with Chapter 7 of Part 6 of Division 1 of the California Revenue and Taxation Code Section 3698, the Treasurer-Tax Collector requests approval to sell at public auction via the Internet for the stated minimum price, the tax-defaulted properties which are subject to the power of sale. There are currently 277 properties scheduled for auction. If approved, the Treasurer-Tax Collector plans to schedule the auction for June 17-20, 2016 action requested - APPROVE REQUEST FOR APPROVAL TO SELL TAX-DEFAULTED PROPERTIES AND AUTHORIZE THE CHAIR TO SIGN. (Treasurer/Tax Collector) March 8, 2016 BOARD OF SUPERVISORS AGENDAPAGE 6 OF 12 3.19* Letters in Response to Request for Comments on Lassen National Forest Projects The Butte County Forest Advisory Committee (FAC) and Federal/State Land Use Coordinating Committee conduct meetings and gather information in support of the Board of Supervisor's goal to promote access, preservation and enjoyment of public lands in and around Butte County. When the U.S. Forest Service announces projects or planned actions, interested parties, including local governments, have an opportunity to formally comment on the proposals. Two such plans have recently been discussed at public meetings of the FAC and the Coordinating Committee. First, the Committees recommend the Board submit a letter supporting the work proposed in the High Lakes area in response to the Lassen National Forest, Almanor Ranger District - High Lakes Motorized Trail Re-Routes and Staging Area project. The letter indicated the Board would like to see the staging area serve multiple purposes to allow for both motorized and non-motorized users to benefit. Second, the Committees recommend the Board submit a letter supporting Alternative 4 in the Lassen National Forest Over the Snow Vehicle NEPA/Environmental Impact Statement and opposing Alternatives 2 and 3 action requested APPROVE LETTERS AND AUTHORIZE THE CHAIR TO SIGN. (Treasurer/Tax Collector) 3.20* Butte County Board of Law Library Trustees action requested REAPPOINT RAOUL J. LECLERC, ESQ. AND JOHN A. ZORBAS, ESQ. TO TERMS TO END JANUARY 9, 2017. (Other departments or agencies) 3.21* Resolution Recognizing March 2016 as American Red Cross Awareness Month action requested ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Other departments or agencies) 3.22* Resolution Recognizing the 30 th Anniversary of the Peg Taylor Center action requested ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (other departments or 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. 4.03* General Plan Follow-Up and Implementation by Director of Development Services. 4.04 Items Removed from the Consent Agenda for Board Consideration and Action. March 8, 2016 BOARD OF SUPERVISORS AGENDAPAGE 7 OF 12 4.05* Reconsideration of Ordinance No. 4106 Amending the Right to Farm Ordinance - California Elections Code Section 9144 requires that the Board of Supervisors reconsider ordinances protested by petition. The Board adopted Ordinance No. 4106 amending Sections 35-2 and 35-5 of Chapter 35 of the Butte County Code, entitled "Right to Farm Ordinance" on January 26, 2016. The effective date of the amendment would have been February 25, 2016, but a petition protesting the adoption of the ordinance was filed with the Clerk of the Board of Supervisors on February 24, 2016, thereby suspending the ordinance. The petition was transferred to the Butte County Clerk-Recorder for signature verification. The County Clerk-Recorder is currently in the process of verifying that there are sufficient valid signatures on the petition, and will issue a certification to the results of the signature verification at the March 8, 2016 Board meeting. If sufficient valid signatures are certified by the County Clerk-Recorder, pursuant to Elections Code Section 9145, the Board has the option of either: 1) repealing the ordinance amending the Chapter in its entirety; or 2) by resolution, submitting the ordinance to the voters at the next regularly scheduled county election occurring not less than 88 days after the date of the Board's order or at a special election called specifically to vote on the ordinance at least 88 days after the order. If the ordinance is submitted to the voters, it would only become effective if a majority of voters voting on the ordinance votes in favor of it. A resolution calling for the election will be available at the time this item is considered. If the Board directs the ordinance to be submitted to the voters at a special election, at a date specified by the Board, the Department will return at a future meeting with the appropriate resolution action requested 1)REPEAL ORDINANCE NO. 4106; - OR - 2)ORDER ORDINANCE NO. 4106 TO BE SUBMITTED TO THE VOTERS AT THE JUNE 7, 2016 PRIMARY ELECTION, AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; - OR - 3)ORDER ORDINANCE NO. 4106 TO BE SUBMITTED TO THE VOTERS AT A SPECIAL ELECTION TO BE HELD NOT LESS THAN 88 DAYS AFTER THE DATE OF THE ORDER. (County Clerk-Recorder) 4.06* Reconsideration of Ordinance No. 4107 Amending the Restrictions on Cultivation of Medical Marijuana Ordinance - California Elections Code Section 9144 requires that the Board of Supervisors reconsider ordinances protested by petition. The Board adopted Ordinance No. 4107 amending Sections 34A-2, 34A-3, 34A-4, 34A-13, 34A-16 and 34A-19 of Chapter 34A of the Butte County Code, entitled "Restrictions on Cultivation of Medical Marijuana" on January 26, 2016. The effective date of the amendment would have been February 25, 2016, but a petition protesting the adoption of the ordinance was filed with the Clerk of the Board of Supervisors on February 24, 2016, thereby suspending the ordinance. The petition was transferred to the Butte County Clerk-Recorder for signature verification. The County Clerk-Recorder is currently in the process of verifying that there are sufficient valid signatures on the petition, and will issue a certification to the results of the signature verification at the March 8, 2016 Board meeting. If sufficient valid signatures are certified by the County Clerk-Recorder by the time the item is heard on March 8, 2016, pursuant to Elections Code Section 9145, the Board has the option of either: 1) repealing the ordinance amending the Chapter in its entirety; or 2) by resolution, submitting the ordinance to the voters at the next regularly scheduled county election occurring not less than 88 days after the date of the Board's order or at a special election called specifically to vote on the ordinance at least 88 days after the order. If the ordinance is submitted to the voters, it would only become effective if a majority of voters voting on the ordinance votes in favor of it. A resolution calling for the election at 2016 Primary Election will be available at the time this item is considered. If the Board directs the ordinance to be submitted to the voters at a special election, at a date specified by the Board, the Department will return at a future meeting with the appropriate resolution action requested 1)REPEAL ORDINANCE NO. 4107; - OR - 2)ORDER ORDINANCE NO. 4107 TO BE SUBMITTED TO THE VOTERS AT THE JUNE 7, 2016 PRIMARY ELECTION, AND ADOPT RESOLUTION ORDERING AN ELECTION, AND AUTHORIZE THE CHAIR TO SIGN; - OR - 3)ORDER ORDINANCE NO. 4107 TO BE SUBMITTED TO THE VOTERS AT A SPECIAL ELECTION TO BE HELD NOT LESS THAN 88 DAYS AFTER THE DATE OF THE ORDER. (County Clerk-Recorder) March 8, 2016 BOARD OF SUPERVISORS AGENDAPAGE 8 OF 12 5.Public Hearings and Timed Items (No items) ( 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 In-Home Supportive Services Public Authority Board. March 8, 2016 BOARD OF SUPERVISORS AGENDAPAGE 9 OF 12 IN-HOME SUPPORTIVE SERVICES PUBLICAUTHORITYBOARD AGENDA MARCH8,2016 1. Call to Order - Butte County Board of Supervisors Chambers, 25 County Center Drive, Oroville. 2.Consent Agenda 2.01* Resolution Regarding the In-Home Supportive Services (IHSS) Public Authority Salary Plan - The Department of Human Resources is requesting to increase the salary for the Public Authority Supervisor for the Butte County In-Home Supportive Services (IHSS) Public Authority by 2% effective January 2, 2016. This increase mirrors what similarly situated County employees received through contract negotiations per language in the individual employee contract action requested ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.Regular Agenda (No Items) 4.IHSS PA Board Closed Session (To be held contemporaneously with the Board of Supervisors closed session) CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: CATHI GRAMS, JACK HUGHES AND BRIAN RING EMPLOYEE ORGANIZATION: UDW 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. March 8, 2016 BOARD OF SUPERVISORS AGENDAPAGE 10 OF 12 7.Board of Supervisors Closed Session (To be held contemporaneously with the IHSS PA Board closed session) 7.01 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 7.02 ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(1) - 2 CASES 1)JACQUELINE DEVLIN v. BUTTE COUNTY AND MICHAEL SANDERSON; BUTTE COUNTY SUPERIOR COURT CASE NO. 163271; AND 2)AMY GRANAT, CORKY LAZZARINO, SIERRA ACCESS COALITION, ET AL. v. UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES FOREST SERVICE, ET AL.; USDC EASTERN DISTRICT CASE NO. 15-00605 MCE-EFB. March 8, 2016 BOARD OF SUPERVISORS AGENDAPAGE 11 OF 12 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 Child Support Services: do not remove items from these files), and at the Clerk of the Board website. Copies of supporting materials can Sean Farrell be made for you at a charge to cover costs. The list of communications included with the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have been received but not included Clerk-Recorder-Registrar in the agenda supporting material. Copies of all communications received by the Board of Supervisors (excluding of Voters*: Candace Grubbs documents that are not a public record within the meaning of the Public Records Act) are available at the Administrative Office upon request. An (*) appearing before an agenda item signifies that material has been County Counsel: provided to the Board of Supervisors members to explain that item. Bruce Alpert Agenda Format and Meeting Order: Development Services: Tim Snellings The agenda is usually organized into the following areas and meetings generally proceed in the following order: District Attorney*: 1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the MikeRamsey Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in the 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 Employment & Social asks if there is anything anyone would like to remove from the Consent Agenda, stand and approach the podium Services: and request the item be removed. The removed items are discussed at the end of the Regular Agenda. Cathi Grams 2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items Farm, Home & 4-H Advisory: removed from the Consent Agenda are discussed under this section. Randall Mutters 3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are Interim Fire Chief: set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time Darren Read listed, but will never start before the time listed. 4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any General Services: Grant Hunsicker matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda, but may respond to statements or questions and provide staff direction. Human Resources: 5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances. This area of Brian Ring the agenda identifies those items that will be discussed during the closed session. Information Systems: Art Robison Public Participation: Library: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow Melanie Lightbody members of the public the opportunity to comment on all matters before the Board. Public participation is limited to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. The Public Health: Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing of these Cathy Raevsky policies and procedures can be found in the printed booklet agenda, obtained at the County Administrative Office, Public Works: or viewed at the Clerk of the Board website. Mike Crump The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with Sheriff-Coroner*: 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 Kory Honea request disability-related modifications/accommodations or to request materials in alternate formats. All requests for special accommodations and/or alternative format documents must be made 48 hours prior to the meeting. Treasurer-Tax Collector*: Peggy Moak For further information contact the: Water & Resource Clerk of the Board of Supervisors Conservation: County Administrative Office Paul Gosselin 25 County Center Drive, Suite 200, Oroville, CA 95965 530-538-7631 *Elected Official March 8, 2016 BOARD OF SUPERVISORS AGENDAPAGE 12 OF 12