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HomeMy WebLinkAboutA041216 BUTTE COUNTY BOARD OF SUPERVISORS MEMBERS OF THE BOARD BILL CONNELLY,CHAIR,DISTRICT 1 REGULAR MEETING AGENDA LARRY WAHL,DISTRICT 2 MAUREEN KIRK,DISTRICT 3 APRIL 12, 2016 STEVE LAMBERT,DISTRICT DOUG TEETER,DISTRICT 5 +CAII FC3RN IA MEETING LOCATION BOARD OF SUPERVISOR CHAMBERS PAUL HAHN, 25 COUNTY CENTER DRIVE,SUITE 205 CHIEF ADMINISTRATIVE OFFICER/ OROVILLE,CALIFORNIA 95965-3380 BRUCE ALPERT,COUNTY COUNSEL CLERK OF THE BOARD 1. 9:00 a.m. - Call to Order Pledge of Allegiance Observation of a Moment of Silence 2. Corrections and/or Changes to the Agenda 3. Consent Agenda 3.01* Approval of Behavioral Health Board Member Appointment - The Butte County Behavioral Health Board (BHB) requests approval to appoint Daniel Cavanaugh as a community member. The first term membership will begin upon approval and end on December 31, 2019 —action requested -APPOINT DANIEL CAVANAUGH AS A COMMUNITY MEMBER TO A TERM ENDING DECEMBER 31, 2019. (Behavioral Health) 3.02* Amendment with Chico Community Shelter Partnership - The Chico Community Shelter Partnership is a non-profit organization dedicated to assisting individuals in their efforts to achieve self- sufficiency and a more stable lifestyle. The Chico Community Shelter Partnership has operated the Torres Community Shelter for over 13 years, providing shelter and related social services to those experiencing homelessness in the community. Approval is requested to amend the agreement with Chico Community Shelter Partnership to increase program funding based on client need.The term of this agreement will remain July 1, 2015 through June 30, 2016. The maximum financial obligation under this agreement shall not exceed $108,000 (this is an increase of$20,000) —action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) 3.03* Amendment with Kindred Healthcare, dba Medical Hill Rehab Center, LLC - Kindred Healthcare provides services targeted at improving the adaptive functioning of chronic mentally disordered patients to enable some patients to move into a less restrictive environment and prevent other patients from regressing to a lower level of functioning. Approval is requested to amend the agreement with Kindred Healthcare to increase bed days and enhancement services needed for client placements through fiscal year (FY) 2015-16. The increase is due to additional consumer placement needs. There are no changes to rates, and the term of this agreement will remain July 1, 2015 through June 30, 2016. The maximum financial obligation under this agreement shall not exceed $86,790 (this is an increase of $26,400) — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) April 12,2016-BOARD OF SUPERVISORS AGENDA PAGE 1 OF 14 3.04* Appointment to the Sacramento River Forum (formerly the Sacramento River Conservation Area Forum) Board of Directors — Supervisor Lambert nominates Richard Price to serve as the Butte County Public Interest member—action requested—MAKE APPOINTMENT. (Board of Supervisors) 3.05* Cash Advance for Community Development Block Grant (CDBG) and Home Investments Partnerships Program (HOME) - On June 24, 2014, the County of Butte entered into a grant agreement with the State Department of Housing and Community Development (HCD). The total grant award is $700,000 and the activities include housing rehabilitation and grant administration. Additionally, on July 21, 2015 the County of Butte entered into a grant agreement with HCD. The total grant award is $952,351, and the activities include housing rehabilitation, microenterprise technical assistance and grant administration. In order to prevent delays to housing rehabilitation and microenterprise technical assistance engagements due to reimbursement from the State, the Department requests that the Board of Supervisors authorize a cash advance of up to $1,500,000 from the General Fund to the CDBG Fund. The cash advance will allow rehabilitation and microenterprise technical assistance to continue without interruption until reimbursement is received from the State and the advance repaid in full. The Board has approved similar cash advances for the CDBG Fund over the last five Years — action requested — APPROVE A CASH ADVANCE FROM THE GENERAL FUND TO THE CDBG PROGRAM GRANTS FUND OF UP TO $1,500,000. (County Administration) 3.06* Agreement with Burnham Benefits Insurance Services - Butte County provides a variety benefits to its employees including, but not limited to: health, dental and vision insurance; life and accidental death and dismemberment insurance; supplemental life insurance; long-term disability insurance; employee assistance program (EAP); and flexible spending accounts (FSA). Currently, Human Resources Department staff are responsible for identifying, analyzing, and contracting for all benefits, as well as staying up-to-date on the ever changing regulatory environment surrounding employee benefits including the Affordable Care Act and the Internal Revenue Code. Due to high health care premiums through CalPERS, and feedback from CalPERS that it will not offer plan design changes that will assist in reducing the costs of health insurance, the Health Insurance Options Working Group (Working Group) was formed in July 2015 to look into health insurance options outside of CalPERS. The Working Group consists of representatives from all bargaining units, as well as staff from the County Administration and Human Resources Departments. Through the identification and analysis of options, it became clear that the County must have a Broker of Record in order to access options outside of CalPERS or other pooled groups, in addition to needing an advisor on all regulatory matters and compliance issues and assistance in identifying and negotiating options for employee benefits. The Working Group recommends that the Board of Supervisors approve a three-year agreement, beginning April 15, 2016 through April 14, 2019, with Burnham Benefits Insurance Services at an annual cost of$120,000. The annual contract payment will replace the approximately $118,000 currently paid annually by employees and the County through commissions to another broker, and service levels will be increased. There will be no commissions to the broker under this contract — action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (County Admin/Human Resources) 3.07* Approval of Minutes — action requested — APPROVE MINUTES FROM MARCH 22, 2016. (County Administration) April 12,2016-BOARD OF SUPERVISORS AGENDA PAGE 2 OF 14 3.08* Amendment to FY 2015-16 Services Agreement Between the Butte County Superior Court and the County of Butte - On December 8, 2015, the Butte County Superior Court and the County of Butte entered into an agreement pursuant to Government Code §77212(d)(1) which identifies the services to be provided between the parties, the method of service delivery, the term of the agreement, the anticipated service outcomes, and the cost of the services to be provided. The Court migrated to a new case management system in February 2016. The recommended amendment updates the new system, along with County responsibilities regarding users. The fee will remain at $50 per year per user. The amendment includes a new requirement for County Departments to notify the Court when users leave County employment or otherwise no longer have business need for access, as well as changing the timing of invoicing. All other terms and conditions remain unchanged — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.09* Adoption of an Ordinance adding Article VI, entitled "Regulations for Limited Density Owner-Built Rural Dwellings", to Chapter 26 -The Board of Supervisors adopted an ordinance temporarily adding Article VI entitled, "Regulations for Limited Density Owner-Built Rural Dwellings," to Chapter 26 of the Butte County Code entitled, "Building" for the Concow, Yankee Hill and Big Bend area in 2009. The ordinance expired December 31, 2015. The Department of Development Services introduced an ordinance on March 22, 2016 permanently adding the article to the Butte County Code for the Concow, Yankee Hill and Big Bend area, and the Board waived the first reading of the ordinance. The ordinance will become effective 30 days after adoption (May 12, 2016) — action requested - ADOPT ORDINANCE AND AUTHORIZE CHAIR TO SIGN. (Development Services) 3.10* Memorandum of Understanding Between Department of Employment and Social Services (DESS) and the California Department of Social Services (CDSS)for the Resource Family Approval (RFA) Program - Approval is requested for a Memorandum of Understanding (MOU) with CDSS for the provision of the RFA Program. Butte County has been accepted as an early implementing county for the RFA Program, and this MOU is an operational agreement between CDSS and the County of Butte to implement the RFA Program effective March 1, 2016. The California Welfare and Institutions Code §16519.5 requires county child welfare agencies to implement a unified, family-friendly and child- centered caregiver approval process to replace the existing multiple processes for licensing foster family homes, approving relatives and non-relative extended family members as foster care providers, and approving adoptive families. By 2017, all California counties are authorized to implement the RFA Program, with the mandate that the RFA Program be fully implemented in all counties on or before July 1, 2019. The RFA program will create a platform for all caregivers to receive the same information, training and opportunity for support, and the process will provide staff with guidelines and structure to better prepare families to meet the needs of the foster children in Butte County. The term of the MOU shall be March 1, 2016 through June 30, 2017. There are no funds associated with this MOU — action requested — APPROVE THE MOU AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. (DESS) 3.11* Amendment One to Agreement with Counseling Solutions - Approval is requested for amendment one to the agreement with Counseling Solutions to provide therapeutic counseling for families, couples/parents and individuals involved in the child welfare system. This program provides individual therapeutic counseling, as well as topic specific therapeutic groups. The term of the agreement is extended through June 30, 2018, with a maximum payable amount of $224,700 ($74,900 for FY 2015-16; $74,900 for FY 2016-17; and $74,900 for FY 2017-18). This is an increase of $149,800 applied to FY 2016-17 and 2017-18 — action requested — APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (DESS) April 12,2016-BOARD OF SUPERVISORS AGENDA PAGE 3 OF 14 3.12* Resolution Recognizing National Crime Victims' Rights Week in Butte County - Board approval is requested for a resolution which recognizes April 10-16, 2016 as National Crime Victims' Rights Week in Butte County. National Crime Victims' Week provides an opportunity to recognize the County's commitment to victim services and to assisting survivors with relevant services that support justice and healing of all victims of crime - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (District Attorney) 3.13* Volunteer Appreciation Week 2016 - Butte County Fire Department - In honor of National Volunteer Week 2016, the Fire Department would like to recognize the Butte County Fire Department Volunteer Firefighters and Volunteers-in-Prevention (VIP) for donating over 11,300 hours to Butte County communities. Currently, there are 180 volunteer firefighters in 16 communities that donated 12,400 hours providing medical and rescue services to their communities. Volunteer firefighters provide a vital role serving their community by educating their citizens, responding to calls and assisting in community events. The VIP has a roster of 35 individuals that are trained to respond on a moment's notice to staff the Fire Call Center during major incidents. These volunteers have worked together for over 18 years, working long hours, day and night, to provide accurate and timely information with professionalism and compassion. The Fire Department would like to recognize the volunteers for their time and efforts that help continue the mission of the Butte County Fire Department. Volunteers give up precious free time to educate and serve the citizens of Butte County and their efforts do not go unnoticed - action requested - 1) RECOGNIZE AND THANK THE VOLUNTEERS FOR THE GENEROUS DONATION OF TIME AND SERVICE TO THE BUTTE COUNTY CITIZENS AND THE BUTTE COUNTY FIRE DEPARTMENT; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Fire) 3.14* Secure Rural Schools Contract Amendment- FY 2012-13 -The Fire Department would like to amend a contract between the County of Butte and the Butte County Fire Safe Council. The original contract has a termination date of June 30, 2015. The amendment will change the termination date to June 30, 2018. The original contract was brought to the Board in FY 2012-13 and is funded for projects under the Secure Rural Schools and Community Self-Determination Act of 2000 (HR1424). These projects consist of Wildland Fire Education programs and Fire Wise Maintenance and Invasive Plants Community Outreach. Not all of the projects have been completed, therefore an amendment to extend the termination date is needed - action requested - APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Fire) 3.15* Secure Rural Schools Contract Amendment- FY 2014-15 -The Fire Department would like to amend a contract between the County of Butte and the Butte County Fire Safe Council. The original contract has a termination date of June 30, 2016. The amendment will change the termination date to June 30, 2018. The original contract was brought to the Board in FY 2012-13 and is funded for projects under the Secure Rural Schools and Community Self-Determination Act of 2000 (HR1424). These projects consist of Wildland Fire Education programs and Fire Wise Maintenance and Invasive Plants Community Outreach. Not all of the projects have been completed, therefore an amendment to extend the termination date is needed - action requested - APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Fire) April 12,2016-BOARD OF SUPERVISORS AGENDA PAGE 4 OF 14 3.16* Award of Contract to CDX Wireless, Inc., for Design-Build Services for the Communication Tower - The Communication Tower located at the Sheriff's Sub Station at 479 East Park Avenue in Chico is integral to the communications coverage throughout Butte County and is no longer serviceable. Staff recommends that the Board approve a contract with CDX Wireless, Inc. (CDX) with a not-to- exceed amount of $56,340 for CDX to assist the County with the selection of a Design-Build firm capable of completing final design and construction services necessary to replace the Tower. In addition, CDX will assist the County with contract negotiations and provide technical construction support throughout the project. CDX is currently under contract to assist the County with developing a countywide radio system upgrade and was selected through formal solicitation. Staff will return to the Board for authorization of the Design Build Contract once the Design-Build firm solicitation process is complete — 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) 3.17* Award of Contract to Santos Excavating, Inc., Path of Travel Improvements at 25 County Center - In compliance with the County adopted Americans with Disabilities Act Transition Plan, and as part of the improvements necessary to comply with permitting requirements, the current year budget includes funding to improve accessibility to the 25 County Center Drive Facility, one of the most active County buildings. While developing construction plans, staff determined the need to increase the scope of work to relocate the gas main to the facility and to implement traffic calming improvements to slow traffic to and from the Courthouse to improve pedestrian safety. The full plans were published on Bid Number 79-16 through the Chico Enterprise Record, the local Builders Exchange and on the County Public Project Website and are available for review at the General Services office. Two bids were received, ranging from a low of $145,741 (Santos Construction, Inc.) to a high of $181,953 (Franklin Construction, Inc.). Staff recommends that the Board approve the plans and specifications and award the not-to-exceed contract of $145,741 to Santos Excavating, Inc. — action requested — 1) APPROVE THE PLANS, SPECIFICATIONS FOR IFB NO. 79-16, BUTTE COUNTY ACCESSIBILITY UPDATE; 2) AWARD THE CONSTRUCTION CONTRACT TO SANTOS EXCAVATING, INC. AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 3)APPOINTTHE GENERAL SERVICES DIRECTOR AS OFFICER OF THE PROJECT. (General Services) 3.18* Notice of Completion and Budget Adjustment, Twin Trees, Inc., for Construction Work at the Crisis Residential Facility - On December 8, 2015, the Board awarded the contract for construction of specific improvements for the Behavioral Health Crisis Residential Facility located at 556 Cohasset Road, Chico, to Twin Trees, Inc. These improvements consisted of modifications to the restrooms, living quarters, and portions of the building exterior necessary to support the Crisis Residential program. The original contract amount was $188,819 and a total of seven contract change orders were issued during the course of this project to improve functionality of the completed project for the Department. The change orders totaled $15,270.90, or 8.1% of the original contract amount, raising the total contract cost to $204,089.90. Staff recommends that the Board ratify the contract change order numbers 1 through 7 and accept the contract work as complete. In addition, staff recommends the Board authorize the Chair to sign the Notice of Completion and that staff be directed to file the attached Notice of Completion with the County Recorder. In addition, it has now been determined that two new waterlines must be installed to ensure that the capacity of the fire suppression system meets current building code requirements for this type of facility. The waterline phase of the project exceeds the project fund balance of approximately $35,000 and staff recommends the Board approve a $22,000 budget adjustment from Behavioral Health to complete the project — action requested — 1) RATIFY CONTRACT CHANGE ORDER NUMBERS 1-7; 2) ACCEPT THE CONTRACT WORK AS COMPLETE; 3) AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; 4) DIRECT STAFF TO FILE THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER; AND 5)APPROVE BUDGET ADJUSTMENT. (4/5 vote required) (General Services) April 12,2016-BOARD OF SUPERVISORS AGENDA PAGE 5 OF 14 3.19* Budget Adjustments for Public Projects Requested by the Department of Employment and Social Services - The Department of Employment and Social Services (DESS) requires modifications to 78 Table Mountain Boulevard in Oroville, estimated at $36,000, to improve client reception and compliance with State regulations regarding smoking near the facility entrance, including the addition of an employee smoking area. In addition, DESS requires modifications to 205 Mira Loma, also in Oroville, which is estimated at $23,000, to replace carpet that is no longer serviceable. DESS has savings related to Capital Projects and wishes to redirect those funds to these two non-Capital Projects. Staff recommends that the Board approve a budget adjustment of $59,000 — action requested—APPROVE BUDGET ADJUSTMENT(4/5 vote required). (General Services) 3.20* Adoption of Two Ordinances Repealing and Replacing Chapters 46 and 51 of Butte County Code - On March 22, 2016, the Board approved the Center-Led Contracting/Procurement Policies and Procedures Manual and waived the first reading of the new Chapter 46 and Chapter 51 of the Butte County Code. Staff recommends that the Board adopt the replacement of Chapter 46 and Chapter 51 of the Butte County Code —action requested - ADOPT ORDINANCES (2) AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 3.21* Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance for the following department. These changes will increase the total allocations in the County by 2 FTE: EMPLOYMENT AND SOCIAL SERVICES: requests to change three (3) Deputy Public Guardian/Public Administrator positions to become three (3) flexibly staffed Deputy Public Guardian/Public Administrator, Senior/ Deputy Public Guardian/Public Administrator positions to provide additional flexibly in meeting departmental needs; delete two (2) vacant flexibly staffed Office Specialist, Senior/Office Specialist/Office Assistant positions and add two (2) flexibly staffed Account Clerk, Senior/Account Clerk positions. This change is necessary to manage the increased workloads in the In-Home Supportive Services program as a result of new FLSA requirements; and add two (2) Administrative Assistant positions. Since 2013, the department's total allocated positions have grown from 663 to 730 positions. The growth in staff is causing an increase in administrative workload including payroll and personnel processes. Funding for the two additional positions is covered in the department's current fiscal year budget. The total allocations in the department will increase by two (2). There will be no additional budget impact to the General Fund — action requested - ADOPT THE RESOLUTION AMENDING THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.22* CDX Wireless Consultation Agreement Amendment - Information Systems/Communications department initiated a review of County Land Mobile Radio infrastructure that supports multiple departments. The current infrastructure is in need of updating and improvement. The department secured consulting services from CDX Wireless for the review, needs assessment, and resulting Request for Proposal. Design and contract discussions are in process and will require additional time to complete. Staff requests approval of Amendment #4 to extend CDX Wireless consulting support through December 31, 2016, and increase the not-to-exceed amount of $25,000 to $73,600. Information Systems has sufficient personnel resources and budget to support this amendment — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Information Services/Communications) April 12,2016—BOARD OF SUPERVISORS AGENDA PAGE 6 OF 14 3.23* National Library Week - April 10-16, 2016 - Butte County Library joins the American Library Association and public libraries nationwide to participate in National Library Week, generally the second full week of April. National Library Week is a time to celebrate the contributions of our nation's libraries and librarians and to promote library use and support — action requested - ADOPT RESOLUTION RECOGNIZING APRIL 10-16, 2016 AS NATIONAL LIBRARY WEEK. (Library) 3.24* Budget Adjustment for Non-Operating Emergency Medical Services Fund 5121 (Maddy Fund) - Within the new budget structure for the Public Health Department, a Non-Operating Fund was set up for the Emergency Medical Services Fund (Fund 5121), more commonly known as the Maddy Fund. This fund allows for the partial reimbursement to physicians and hospitals for patients who do not make payment for emergency medical services and to also cover other emergency medical services costs. Revenue for this program comes from penalty assessments as provided in California Penal Code Section 1465.5. On May 5, 2015, the County Administration Department provided an update on the County's financial system. One of the aspects of the new financial organizational structure called out in the report was the change in how restricted revenues would be tracked in FY 2015-16 and the budgetary authority that would be required from the Board of Supervisors to move cash from old restricted cash accounts to new non-operating special revenue funds. These restricted revenues are funds received by the County for a specific purpose such as Maddy Funds that are received but not yet spent. On September 15, 2015, the County Auditor-Controller, in coordination with the County departments, brought forth the agenda item establishing fund balance in the new Non-Operating Special Revenue Funds. During the conversion to the new budget structure, the budgeted revenue anticipated to fund budgeted appropriation for expending out of the Operating Fund 0021 was inadvertently left out of the budgeted amounts — action requested - APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Public Health) 3.25* Adoption of Ordinance - On-Site Wastewater Systems Ordinance (BCC Chapter 19) and Manual Revisions and Submittal of Local Area Management Program (LAMP) -On March 22, 2016, the Board of Supervisors reviewed proposed changes and updates to the On-Site Wastewater Systems Ordinance (Butte County Code Chapter 19). The ordinance provides the administrative framework for the County's on-site wastewater program. As part of this program, the On-Site Wastewater Manual has been developed to provide the technical and procedural requirements for the program. After receiving public comment, the Board waived the first reading of the ordinance. At this meeting, the Board is requested to adopt the proposed changes to the ordinance, adopt a resolution approving the proposed changes to the On-Site Wastewater Manual, and adopt a resolution authorizing submittal of the Butte County LAMP to the Central Valley Regional Water Quality Control Board. The LAMP consists of the updated ordinance and manual, along with supplemental explanatory information and documents — action requested — 1) ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT RESOLUTIONS (2) ADOPTING UPDATES TO THE BUTTE COUNTY ON-SITE WASTEWATER MANUAL AND AUTHORIZING THE SUBMISSION OF THE ON- SITE WASTEWATER LAMP AND AUTHORIZE THE CHAIR TO SIGN. (Public Health) 3.26* Pull Broom Capital Asset Acquisition -The Public Works Department planned to replace a pull broom in the current year budget but did not request capital asset authority because it was expected to cost less than the current capital asset threshold of $25,000. The solicitation is complete with the lowest bid including taxes at $30,345. Therefore, Board approval is requested for the acquisition of a replacement pull broom as a capital asset. A pull broom is a sweeper pulled behind a small truck. The primary use for pull brooms is during chip sealing, but they are also used in response to accidents or other roadway clean-up projects. — action requested — AUTHORIZE CAPITAL ASSET PURCHASE;AND APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Public Works) April 12,2016-BOARD OF SUPERVISORS AGENDA PAGE 7 OF 14 3.27* 2016 Chip Seal Emulsion Purchase and Distribution Contract - Public Works is planning the summer 2016 chip seal project for various roads in the areas north of Chico and south of Durham. Public Works crews will place the chips (rocks), but it is more efficient to contract for the supply and application of the asphalt emulsion used to hold the chips in place. Public Works is requesting authorization to bid this portion of the work. After bids are received, the Department will return to the Board with a recommendation to award the project. The engineer's estimate for the purchase and application of the asphalt emulsion is estimated between $350,000 and $400,000 — action requested—AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS. (Public Works) 3.28* Agreement with Holdrege & Kull Consulting Engineers for Construction Quality Assurance Services - The Board of Supervisors awarded the contract for the construction of Module 4 Phase F at the Neal Road Recycling and Waste Facility(NRRWF), County Project No. 757-7514-03 to Ford Construction on March 8, 2016. The State Water Resources Board requires a construction quality assurance (CQA) report be submitted documenting the project was built to design specifications for landfill expansion projects. The Department of Public Works published a Request For Qualifications for CQA services and received four responses. Staff reviewed and scored the statement of qualifications based on consultant capabilities, experience, previous work for Butte County, proximity, and work plan as described in the Request for Qualifications. All four firms were deemed capable of providing CQA services. Each firm was asked to submit an estimated cost for the scope of work. Holdrege & Kull Consulting Engineers of Chico was selected as most responsive to the proposal. The agreement with Holdrege & Kull is through December 31, 2016 in the amount of $72,470 — action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. (Public Works) 3.29* State of California, Off-Highway Motor Vehicle Recreation (OHMVR) Grant - On March 24, 2015, the Board of Supervisors approved the Sheriff's Office pursuit of a grant from the State of California, Department of Parks and Recreation, Division of OHMVR. The Sheriff's Office applied for the one year grant and was successful in being awarded $20,815. The funds will be used to provide uniformed law enforcement year-round in the areas of the Plumas and Lassen National Forest, Jonesville and Butte Meadows. Patrols will be offered during periods of high usage, especially weekends and holidays, when the public is utilizing the remote outdoors. Law enforcement officers on snow mobiles and 4-wheel drive vehicles will strive to assist recreationalists, educate the public as to safe practices and be available for search & rescue call-outs. The grant cycle is January 1, 2016 through December 31, 2016. The grant in the amount of$20,815 will be utilized for personnel costs, vehicle fuel and equipment maintenance. The grant requires a match, which will be met by General Purpose Revenue (GPR), county-funded personnel providing supervisory oversight of grant activities, administrative financial grant oversight, and Search & Rescue volunteers—action requested - RATIFY SHERIFF KORY HONEA'S SIGNATURE, ACCEPT GRANT AWARD AND APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Sheriff) April 12,2016-BOARD OF SUPERVISORS AGENDA PAGE 8 OF 14 3.30* Contract with Anderson LLC Sober Living Environment for Alternative Custody Inmates - The Public Safety Realignment Act transfers responsibility to local counties for supervising specified offenders released from State prison who would have previously been placed on parole with the California Department of Corrections and Rehabilitation (CDCR). Additionally, AB109 specifies that certain offenders and parole violators can no longer be housed in State prison and will instead be incarcerated in the local County Jail. It is the Sheriff's Office desire to provide offenders with a sober living environment (SLE) to further the offenders' participation in programs and vocational work assignments through the Sheriff's Alternative Custody Supervision (ACS) program at the Day Reporting Center (DRC). The SLE, located in Oroville, is a safe, supportive alcohol and drug-free place for individuals to live while participating in the County's ACS program. The three-year contract in the amount of $602,140.50 will provide the County with up to 30 beds per month, three meals per day, water, garbage services and utilities to residents identified by County. Males and females will be housed in different buildings — action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY CONTRACTS DIVISION AND COUNTY COUNSEL. (Sheriff) 3.31* Agreement with the California Employment Development Department -The Treasurer-Tax Collector requests approval to renew an agreement with the Employment Development Department (EDD) to obtain wage and employment verification data used in the pursuit and collection of delinquent court fines and fees through the wage garnishment process. These services are crucial to the revenue generation efforts of the Central Collections Division of the Treasurer-Tax Collector's Office. The three-year agreement from July 1, 2016 through June 30, 2019, would provide for a maximum expenditure of$5,969.40. In addition to the Board's approval of the contract, the EDD requires that the County submit a resolution, order, motion or ordinance approved by the local governing body to enter into the contract. A minute order from the Clerk of the Board will meet the requirement — action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Treasurer-Tax Collector) 3.32* North Yuba Subbasin Boundary Modification - The Sustainable Groundwater Management Act of 2014 established a process for local agencies to request the California Department of Water Resources (DWR) revise the boundaries of existing groundwater basins or subbasins as defined by California Department of Water Resources Bulletin 118, including establishment of a new subbasin. The North Yuba subbasin underlies portions of Butte and Yuba counties. The Yuba County Water Agency (YCWA) has developed a basin boundary modification proposal to subdivide the North Yuba Subbasin into two subbasins along the Butte-Yuba county line with the exception of a small portion of Ramirez Water District that extends into Butte County. The Ramirez Water District would remain part of the North Yuba subbasin. Pursuant to DWR Basin Boundary Regulations, a proposed subdivision of a subbasin must have the support of three-fourths of the local agencies within the subbasin. YCWA is requesting Butte County support the basin boundary modification of the North Yuba subbasin. Historically, local agencies in Butte and Yuba counties have managed their respective portions of the North Yuba subbasin. The subdivision of the basin generally along the Butte-Yuba county line would allow for continuation of these sustainable management practices and efficient, county-led implementation of the Sustainable Groundwater Management Act through development of required Groundwater Sustainability Plans in Butte and Yuba counties—action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation) 3.33* Resolution Recognizing April 2016 as Child Abuse Prevention Month—action requested—ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN. (Other agencies—Child Abuse Prevention Council) 3.34* Resolution Recognizing April 2016 as Child Abuse and Sexual Assault Awareness Month and April 27, 2016 as Denim Day—action requested—ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN. (Other agencies—Rape Crisis Intervention and Prevention) April 12,2016-BOARD OF SUPERVISORS AGENDA PAGE 9 OF 14 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. 4.05* PERS Post Retirement Employment Exemption - The Public Employees' Pension Reform Act (PEPRA) of 2013 requires newly retired persons to "sit out" for at least 180 days before returning to work for an employer in the same retirement system from which they receive a retirement allowance. An exemption to this rule is permitted by Government Code Section 7522.56(f)(1), if approved by the governing body in a public meeting on the regular agenda. The Behavioral Health Department has one Assistant Behavioral Health Director-Administration that is responsible for a substantial number of departmental administrative and fiscal functions that are critical to department operations. The incumbent, Amy Wilner, is scheduled to retire effective April 15, 2016. There is a critical need to have the retiree available for a short-term, interim period to assist the new hire with critical aspects of the position. Given the unique subject matter expertise and knowledge, the retiree is the only person capable of meeting this critical short-term need. The Director of Human Resources has reviewed the facts and concurs that the request is consistent with the exemption permitted under Government Code Section 7522.56(f)(1) — action requested — 1) APPROVE PERS POST-RETIREMENT EXEMPTION PURSUANT TO GOVERNMENT CODE SECTION 7522.56(f)(1); AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) 4.06* Butte County Skilled Trades Unit - Memorandum of Understanding and Resolution Amending the Salary Ordinance - Over the past several months, the County and the bargaining team for the Butte County Skilled Trades Unit (STU) have met and conferred over an initial Memorandum of Understanding (MOU). STU has ratified the terms of the County's offer for the MOU which will run through April 21, 2017. Details of the agreement are contained in the staff report. Concurrent with the adoption of the successor MOU, "Section 28 Reference M - Skilled Trades Unit Classifications" of the Salary Ordinance needs to be amended to reflect the wage increase (Effective 04/23/16) that was negotiated with STU and included in their MOU —action requested — 1) ADOPT THE SUCCESSOR MOU FOR THE BUTTE COUNTY SKILLED TRADES UNIT (STU) AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) April 12,2016—BOARD OF SUPERVISORS AGENDA PAGE 10 OF 14 4.07* Introduction of an Ordinance Amending Chapter 31 Entitled, "Solid Waste Collection, Management and Recycling" of the Butte County Code - In October of 2014, Governor Brown signed AB 1826 requiring local jurisdictions to implement an organic waste recycling program to divert organic waste generated by businesses, including multifamily residential dwellings that consist of five or more units, beginning January 1, 2016. Organic waste, also referred to as organics, means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. The law requires businesses to recycle their organic waste starting on and after April 1, 2016 depending on the amount of waste they generate per week. The law phases in the mandatory recycling of commercial organics over time. The organic waste generation threshold at which businesses are required to participate in an organic waste recycling program decreases over time, which means the number of businesses required to participate will grow over time. When fully implemented in 2019, businesses generating 4 cubic yards of waste per week will need to subscribe to an organic waste recycling program. If the State has not met its goal of reducing organic waste from landfills by 50% by that time, there are provisions that the threshold could be lowered to 2 cubic yards of waste per week.The Department of Public Works has submitted a plan to CalRecycle addressing how the County would implement its organic waste recycling program. The County's role is to provide oversight and reporting, as well as, assist the haulers with outreach and education. The proposed amendments to Butte County Code, Chapter 31 address the requirements of AB 1826 including requiring franchised haulers to provide commercial organic waste recycling collection for their customers; and reporting requirements for education and outreach to their customers and monitoring to identify those customers not recycling — action requested — WAIVE FIRST READING OF ORDINANCE. (Public Works) S. Public Hearings and Timed Items 5.01* 9:25 a.m. — Public Hearing - Load Posting for the Swedes Flat Road Bridge Across Rocky Honcut Creek, Bridge 12CO332 - Caltrans Structure Maintenance and Investigations make biennial inspections of bridges under County jurisdiction pursuant to Title 23 of the Code of Federal Regulations (Federal Highway Act). Caltrans Area Bridge Maintenance Engineers (ABME) have determined the Maximum Load Posting for the bridge on Swedes Flat Road crossing Rocky Honcut Creek shall be 21 tons per Truck (Type3) and 31 tons per Semi-Trailer Combination (Type3S2). The capacity of the bridge is controlled by the reinforced concrete T-Beams that make up the bridge span. Updated load calculations performed by Caltrans are based on the most recent adopted methodology and current guidelines that are more conservative than the previous load calculations. Sections 35750 and 35751 of the California Vehicle Code extends authority to the County and outlines procedure, including holding a public hearing, for permanently posting a bridge with restrictive weight limits — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) April 12,2016-BOARD OF SUPERVISORS AGENDA PAGE 11 OF 14 5.02* 9:30 a.m. — Public Hearing - Application for Outdoor Festival License (MISC16-0003) - Chico Community Shelter Partnership - Chico Community Shelter Partnership has submitted an application for an Outdoor Festival License per Chapter 12, Article III. Outdoor Festivals (Butte County Code Sections 12-25 through 12-33). The festival is proposed to be for three days (Friday, Saturday and Sunday,June 24 - 26, 2016)from 4:00 p.m. to 12:00 a.m. each day.They anticipate to have a total of 300 to 500 people each day, which includes 75 volunteers. The festival site will be on four parcels (APN 058-350-001, 002, 003 and 058-230-010), totaling approximately 77.5-acres. The parcels are located on the west side of Concow Road, directly across from Ishi Trail, at the Lake Concow Campground (12967 Concow Road, Concow).The festival will include music, art, culture, healing and food concessions. The Department of Development Services has completed an environmental review of the application, a site visit, and determined since no permanent structures will be built, the project is categorically exempt from the California Environmental Quality Act (CEQA), per Section 15304 (e) of the CEQA Guidelines - "Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, etc.". The festival application was circulated to affected County departments and other agencies for their comments and requirements. Recommended festival requirements (conditions) are included in the staff report—action requested — 1) FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(E) OF CEQA; AND 2) APPROVE THE APPLICATION FOR OUTDOOR FESTIVAL LICENSE MISC16-0003 SUBJECT TO RECOMMENDED CONDITIONS. (Development Services) 5.03* 9:40 a.m. — Public Hearing - Resolution to Vacate Unnecessary Public Rights of Way in the Community of Nord - Public Hearing to vacate (abandon) portions of unnecessary public rights of way in the community of Nord southwest of Market Street. The proposed streets to be vacated are as follows: 1) The southwesterly extension of Folsom Street between Market Street and Sacramento Street; 2) The northwestern half of the southwesterly extension of Washington Street between Market Street and Sacramento Street; and 3) The portion of Sacramento Street between Folsom Street and Washington Street. On March 22, 2016, the Board of Supervisors adopted Resolution 16- 038 setting the public hearing for 9:40 a.m. on April 12, 2016. The hearing has been properly noticed and posted pursuant to Chapter 3 of Part 3 of Division 9 of the California Streets and Highways Code, commencing with Section 8320. Public Works has no objection to the proposed abandonment. The vacated portions of these streets will be Quit Claimed to the following parcels: APN 047-170-034 — McClung; APN 047-170-033 — Hernandez; APN 047-170-017 — Roberson. On January 28, 2016, the Planning Commission determined that the request was in conformance with the County General Plan — action requested — 1) OPEN THE PUBLIC HEARING FOR THE VACATION OF UNNECESSARY PUBLIC RIGHTS OF WAY IN THE TOWN OF NORD; 2) FIND THAT THE PUBLIC RIGHT OF WAY DESCRIBED IN THE NOTICE OF HEARING IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC VEHICLE USE; AND 3) ADOPT THE "RESOLUTION ABANDONING PUBLIC RIGHTS OF WAY ALONG PORTIONS OF FOLSOM STREET, SACRAMENTO STREET, AND WASHINGTON STREET IN THE TOWN OF NORD," AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 5.04* 9:45 a.m. —Timed Item — Presentation on Assisted Outpatient Treatment - AB 1421 "Laura's Law" - Assisted Outpatient Treatment (AOT), also known as "Laura's Law", was initiated following the 2001 killing of Laura Wilcox in Nevada County by an individual suffering from mental illness. The law allows for counties to implement court-ordered outpatient mental health treatment for certain individuals who have a serious mental disorder. The coordination of AOT requires collaboration between multiple local agencies throughout the process of initial request, investigation and evaluation, petition filing and hearing, and the implementation of treatment. This presentation is for information only and no action is required — action requested — ACCEPT FOR INFORMATION AND PROVIDE DIRECTION, AS NEEDED. (Behavioral Health) April 12,2016-BOARD OF SUPERVISORS AGENDA PAGE 12 OF 14 6. Board of Supervisors 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. 7. Board of Supervisors Closed Session 7.01 Actual Litigation Pursuant To Gov. Code Sec. 54956.9(d)(1) -2 Cases 1. Bill Webb Construction, Inc., SCA Development Corp/Guillon, Inc., Epick Homes, Inc., Shastan Homes, Inc., And Discovery Builders, Inc. v. County Of Butte, City Of Chico, City Of Paradise, City Of Oroville, City Of Gridley, and City Of Biggs; Butte County Superior Court Case No. 16CV00186; and 2. Peggy Orman v. Butte County; Workers' Compensation Appeals Board Legacy Case No. ADJ3246766 (Claim Number: CBTE-74446); April 12,2016-BOARD OF SUPERVISORS AGENDA PAGE 13 OF 14 Butte County Department Heads Information and Procedures Concerning the Agenda and Agricultural Board of Supervisors Meetings Commissioner: Luis Mendoza Meeting Information: Assessor*: Diane Brown Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. At Auditor-Controller*: the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed Dave Houser as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted Behavioral Health: meeting calendar for the year are available in the County Administrative Office or on the Clerk of the Board Dorian Kittrell website page. Chief Administrative Agenda Information: Officer: Paul Hahn The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72 hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board Chief Probation Officer: Steve Bordin website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to explain each agenda item(excluding documents that are not a public record within the meaning of the Public Records Act) Interim Child Support are available for your review at the County Administrative Office,the Chico,Oroville,and Paradise libraries(please Services: do not remove items from these files),and at the Clerk of the Board website. Copies of supporting materials can Rhonda Ross be made for you at a charge to cover costs. The list of communications included with the agenda packages is not Clerk-Recorder-Registrar comprehensive. Additional communications to the Board of Supervisors may have been received but not included of Voters*: in the agenda supporting material. Copies of all communications received by the Board of Supervisors(excluding Candace Grubbs documents that are not a public record within the meaning of the Public Records Act) are available at the County Counsel: Administrative Office upon request. An (*) appearing before an agenda item signifies that material has been Bruce Alpert provided to the Board of Supervisors members to explain that item. Development Services: Agenda Format and Meeting Order: 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 Mike Ramsey Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card(located in the Employment&Social 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 Services: asks if there is anything anyone would like to remove from the Consent Agenda, stand and approach the podium Cathi Grams and request the item be removed. The removed items are discussed at the end of the Regular Agenda. Farm,Home&4-H Advisory: 2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items Randall Mutters removed from the Consent Agenda are discussed under this section. 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. General Services: 4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any Grant Hunsicker matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda, Human Resources: but may respond to statements or questions and provide staff direction. Brian Ring 5. Closed Session: the Board is authorized, by law,to meet in a closed session in certain circumstances. This area of 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 Public Health: to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. The Cathy Raevsky Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing of these 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 Treasurer-Tax Collector*: for special accommodations and/or alternative format documents must be made 48 hours prior to the meeting. 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 April 12,2016—BOARD OF SUPERVISORS AGENDA PAGE 14 OF 14