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HomeMy WebLinkAboutA042214BUTTE COUNTY BOARD OF SUPERVISORS AGENDA April 22, 2014 County Supervisors Bill Connelly, District 1 Larry Wahl, District 2 Maureen Kirk, District 3 Steve Lambert, District 4 Doug Teeter, District 5 Paul Hahn, Chief Administrative Officer and Clerk of the Board Bruce S. Alpert, County Counsel BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 22, 2014 PAGE 1 April 22, 2014 Butte County Department Heads Agricultural Commissioner Richard Price Assessor* Fred Holland Auditor-Controller* Dave Houser Behavioral Health Director (Interim) Cathi Grams Chief Administrative Officer Paul Hahn Chief Probation Officer Steve Bordin Child Support Services Director Sharon A. Stone Clerk-Recorder-Registrar of Voters* Candace Grubbs County Counsel Bruce S. Alpert Development Services Director Tim Snellings District Attorney* Mike Ramsey Employment and Social Services Director Cathi Grams Farm, Home & 4-H Advisory Joseph Connell Fire Chief (Interim) Greg McFadden General Services Director Grant Hunsicker Human Resources Director Brian Ring Information Systems Director (Interim) Art Robison Library Director Melanie Lightbody Public Health Director Cathy Raevsky Public Works Director Mike Crump Sheriff-Coroner* Jerry Smith Treasurer-Tax Collector* Peggy Moak Water and Resource Conservation Paul H. Gosselin * Elected Official BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 22, 2014 PAGE 2 April 22, 2014 9:00 A.M. 1.00 CALL TO ORDER 1.01 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. 1.02 Pledge of Allegiance to the Flag of the United States of America. 1.03 Observation of a Moment of Silence. 2.00 CORRECTIONS AND/OR CHANGES TO THE AGENDA. 3.00 CONSENT AGENDA BEHAVIORAL HEALTH 3.01* BHC Heritage Oaks Hospital, Inc. - Amendment C - BHC Heritage Oaks Hospital, Inc., provides inpatient psychiatric hospitalization services. Approval is requested for an amendment with BHC Heritage Oaks Hospital to provide additional inpatient psychiatric services due to an increased number of client referrals. The term of this agreement will remain July 1, 2013 through June 30, 2014. The maximum financial obligation under this agreement shall not exceed $280,000 (this is an increase of $80,000) with no change to rates - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. 3.02* Glad Investments, Inc., dba Riverside Convalescent Hospital - Riverside Convalescent Hospital, a skilled nursing facility, was selected as a result of a competitive request for proposal to provide daily meals for inpatients at Butte County's Psychiatric Health Facility. Approval is requested to renew the agreement with Riverside Convalescent Hospital. The term of the agreement is July 1, 2014 through June 30, 2015. The maximum financial obligation under this agreement shall not exceed $54,670.75 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. 3.03* 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 renew the agreement with Kindred Healthcare. Their services include life skills training, money management, training on accessing community services, transitional programs, work activity, and vocational counseling. The term of this agreement is July 1, 2014 through June 30, 2015. The maximum financial obligation under this agreement shall not exceed $60,225 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 22, 2014 PAGE 3 April 22, 2014 3.04* Sierra-Cascade Research Associates, Inc. - Amendment A - Gerald E. Maguire, MD of Sierra-Cascade Research Associates, Inc. is a licensed medical doctor, who provides services in the specialized field of psychiatry as required for adult clients at the Butte County Department of Behavioral Health Paradise Treatment Center. Approval is requested for an amendment to the agreement for additional services based on increased client need. The term of this agreement will remain July 1, 2013 through June 30, 2014. The maximum financial obligation under this agreement shall not exceed $49,950 (this is an increase of $9,450), with no change to rates - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. 3.05* Butte County Probation Department - Drug Court MOU - The Butte County Probation Department, in collaboration with Butte County Superior Court and the Butte County Department of Behavioral Health, established a comprehensive Drug Court Program designed to serve adult drug offenders. Participants are non-violent convicted criminals with substance abuse issues. The Drug Court programs include intensive treatment services with ongoing monitoring and continuing care for 12 months or more. Approval is requested for a Memorandum of Understanding (MOU) with the Butte County Probation Department for the provision of access to treatment, ongoing judicial oversight and team management for substance-abusing offenders. The term of the agreement is July 1, 2014 through June 30, 2015. The maximum financial obligation under this agreement is $70,000 - action requested - APPROVE THE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. CHIEF ADMINISTRATIVE OFFICE 3.06* Employment Contract - Director, Behavioral Health - Board approval of an employment contract with Dorian Kittrell, Director of Behavioral Health is requested. The salary of the position is $145,000. The term of the contract is three (3) years, beginning May 29, 2014 and terminating on May 28, 2017 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. 3.07* Introduction of an Ordinance Regarding Compensation of Members of the Board of Supervisors - The salary of members of the Board of Supervisors (Board Members) is set by ordinance. The current ordinance, Ordinance No. 4025, specifies that each year the salary of each Board Member shall be increased by the percentage increase of the salary for judges, as specified in Government Code Section 68203, provided, however, that the annual increase in the salary shall in no case exceed five (5) percent. The judge’s salaries, and therefore the Board Members' salaries, have not been increased since January 2007. Per a November 27, 2013 letter from the Judicial Council of California - Administrative Office of the Courts, judicial salaries are being increased 1.4% retroactive to July 1, 2013. Per County Ordinance, salary for Board of Supervisors Members will be increased 1.4% effective July 1, 2014. With the current annual salary set at $53,014, a 1.4% increase will increase the annual salary of Board Members by $742 to $53,756 per year. The ordinance to be introduced will replace Ordinance Numbers 4025 and 4039 to reflect the new annual salary of Board Members, as well as update language to allow for changes to salaries at such time judges’ salaries are changed and not specifically on July 1st of any given year - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 22, 2014 PAGE 4 April 22, 2014 3.08* Butte County Indian Gaming Local Community Benefit Committee Appointment - The Bylaws of the County of Butte Indian Gaming Local Community Benefit Committee (IGLCBC), based on Chapter 7.5 of Part 2 of Division 3 of Title 2 of the California Government Code, specifies the method by which members of the IGLCBC are appointed. The Bylaws list the membership categories as representatives from the County of Butte, representatives from the City of Oroville, and representatives from the Berry Creek and Mooretown Rancherias. Article II, Section I (c) states the Board of Supervisors selects the Tribal representatives upon receiving a recommendation from the Tribe(s). On April 2, 2014, the Tribal Council of the Berry Creek Rancheria of Maidu Indians of California selected Tribal Vice Chair Debra Armus as their recommendation for the IGLCBC representative - action requested - APPOINT TRIBAL VICE CHAIR DEBRA ARMUS AS THE BERRY CREEK RANCHERIA REPRESENTATIVE ON THE BUTTE COUNTY IGLCBC FOR A TERM OF FOUR YEARS, ENDING ON JUNE 30, 2018. 3.09* Compensation Agreement with Town of Paradise - On February 10, 2014, the Town of Paradise (Town) sent a request to Butte County to enter into a compensation agreement with the Town per requirements under Health and Safety Code (H&SC), Section 34180(f), related to the dissolution of Redevelopment Agencies (RDA). The Town is interested in transferring a property that is owned by the former Paradise Redevelopment Agency to the Town, in order to clean it up, correct a lot line problem, and market the property, per the Long-Range Property Management plan adopted by the Successor Agency of the Paradise Redevelopment Agency. Under the cited section of the H&SC, "If a city, county, or city and county wishes to retain any properties or other assets for future redevelopment activities, funded from its own funds and under its own auspices, it must reach a compensation agreement with the other taxing entities to provide payments to them in proportion to their shares of the base property tax, as determined pursuant to Section 34188, for the value of the property retained." If the Town is able to sell the property, the County will get its share of the proceeds based on the same manner that tax increment revenues were shared under the RDA pass through agreements. Without agreement from the County and other affected taxing entities, the property will not be able to be transferred to the Town and will remain in its current blighted state - action requested - APPROVE COMPENSATION AGREEMENT AND AUTHORIZE CHAIR TO SIGN. 3.10* Letter of Opposition - Senate Bill 1270 Amending the Surface Mining and Reclamation Act of 1975 - Senate Bill 1270 (Paveley) would amend the Surface Mining and Reclamation Act of 1975 and shift lead agency responsibilities to the State. The California State Association of Counties (CSAC), Rural County Representatives of California (RCRC), and the League of California Cities sent a letter opposing SB 1270, which represents a major shift in land-use responsibility from experienced lead agencies to a state agency. SB 1270 would erode local authority to regulate local mining operations, setting a dangerous precedent of the State usurping local land use authority from local governments – action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 22, 2014 PAGE 5 April 22, 2014 GENERAL SERVICES 3.11* Notice of Completion for the Juvenile Hall Security System Upgrade, 41 County Center Drive, Oroville - P2ABC Controls, Inc. - On April 23, 2013, the Board of Supervisors awarded a $469,000 contract to P2ABC Controls to upgrade the Juvenile Hall electronic security system located at 41 County Center Drive. This upgrade included replacement of the single Programmable Logic Controller (PLC) with a dual PLC system, installation of 130 cameras, eight (8) monitors, nine (9) digital recorders and the installation of 144 digital intercom devices. In addition to the original contract, an increase in the scope of work required three (3) contract change orders totaling $14,965, bringing the total contract cost to $483,965. All items of work have been completed to the satisfaction of the Probation and General Services Departments, and staff is requesting that the Board ratify the three (3) change orders, accept the work as being complete, and direct staff to file the notice of completion with the County Recorder’s office - action requested - 1) RATIFY CONTRACT CHANGE ORDERS IN THE AMOUNT OF $14,965; 2) ACCEPT THE CONTRACT WORK AS COMPLETE AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND 3) DIRECT STAFF TO FILE THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER. HUMAN RESOURCES 3.12* Resolution to Amend the Salary Ordinance – The Department of Human Resources has prepared a resolution to amend the Salary Ordinance. These changes will leave the total allocations in the County unchanged. The following are the sections of the Salary Ordinance to be amended: Behavioral Health: On March 25, 2014 the Board of Supervisors approved the creation of Psychiatric Nurse, Senior; Psychiatric Nurse; Psychiatric Nurse, Associate classifications to be placed on the Salary Ordinance. These classifications better reflect the internal structure and operations in the department and specifically for the nurses assigned to the Psychiatric Health Facility, Crisis Services and Crisis Stabilization units. The department is requesting to reallocate four (4) existing Staff Nurse positions to the newly created Psychiatric Nurse series. These changes will leave the total allocations in the department unchanged and have no additional fiscal impact on the County General Fund. DESS: requests to flexibly staff one (1) position of Inventory Warehouse Specialist, Senior and three (3) positions of Inventory Warehouse Specialist to Inventory Warehouse Specialist, Senior/Inventory Warehouse Specialist. These changes will allow greater flexibility in filling the positions as well as offering a career ladder. Any increase in costs associated with these changes is fully covered in the department’s budget. These changes will leave the total allocations in the department unchanged. Human Resources: The Human Resources Department is requesting to delete the classifications of Deputy County Clerk I; Deputy County Clerk-Registrar II; Deputy County Clerk-Registrar III; Deputy County Clerk-Recorder II; and Deputy County Clerk-Recorder III from Section 57, Reference C (Effective 02/01/14-2%) and Section 57, Reference C (Effective 12/20/14-1%) of the Salary Ordinance titled, BCEA-General Unit Classifications”. In conjunction with these deletions, the department requests to add the classifications of Deputy County Clerk-Recorder; Deputy County Clerk-Recorder, Senior; Deputy County Clerk-Elections; Deputy County Clerk-Elections, Senior to Section 57, Reference C (Effective 02/01/14-2%) and Section 57, Reference C (Effective 12/20/14-1%) of the Salary Ordinance titled, BCEA-General Unit Classifications. These title changes have been agreed to by Human Resources and the applicable Employee Association. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 22, 2014 PAGE 6 April 22, 2014 Clerk Recorder: Concurrent with the Human Resources Department request above, the department requests to reallocate four (4) positions of Deputy County Clerk-Registrar III/II/Deputy County Clerk I and seven (7) positions of Deputy County Clerk-Recorder III/II/Deputy County Clerk I to Deputy County Clerk-Registrar/Deputy County Clerk- Registrar, Senior and Deputy County Clerk-Elections/Deputy County Clerk-Elections, Senior, respectively. In addition, the department is requesting to delete one (1) vacant position of Deputy County Clerk-Registrar III/II/Deputy County Clerk I and add one position of Inventory Warehouse Specialist, Senior/Inventory Warehouse Specialist. This position will inventory supplies and equipment, oversee deployment of supplies and equipment and assist in supervising volunteers and seasonal election workers. This change will better meet the current and future operational needs of the department. These changes will have no fiscal impact on the County General Fund and leave the total allocations in the department unchanged - action requested - ADOPT THE RESOLUTION AMENDING THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. 3.13* Agreement with Matson and Isom - The Department of Human Resources conducted a Request for Proposal (RFP) for an overall evaluation of the Payroll Division's internal processes. Two firms responded to the RFP and the Department selected Matson and Isom. The evaluation will include payment and reporting of special pays, overtime calculations and the coordination of Workers Compensation and State Disability Insurance. The term of this agreement is from April 22, 2014 to June 30, 2014. The total compensation for this contract is not-to-exceed $50,000 and is included in the current fiscal year budget - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. PUBLIC HEALTH 3.14* Adoption of an Ordinance Amending Chapter 23B to Establish Requirements for Exploratory Wells - The use of exploratory wells began in the early 2000s to allow developers and potential purchasers of land to verify the presence of an adequate supply of groundwater prior to making purchases or significant investments in projects. To address the problem of exploratory wells being misused to facilitate unpermitted development activities, the Board, on November 5, 2013, directed the Department to develop a program requiring new exploratory wells to be capped and remain unused prior to completion of a process for verifying conformance with state and local requirements at the time of parcel creation. The Department returned to the Board on March 11, 2014 and presented a proposed revision of the Well Construction Ordinance that would require annual permitting and inspection of new exploratory wells. However, after further consideration and discussion, the Board determined that the proposed ordinance would adversely impact property owners with legal parcels opting for exploratory wells, and redirected the Department to bring the ordinance back with increased penalties and without provisions for annual permitting and inspection of exploratory wells. The changes were made to the ordinance and the revised ordinance was brought to the Board on April 8, 2014. At that time the Board waived the first reading of the ordinance - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 22, 2014 PAGE 7 April 22, 2014 3.15* Adoption of an Ordinance Adding Chapter 19B, Entitled “Recycled Water (Wastewater) Pond Ordinance” to the Butte County Code - In 1987, the Board of Supervisors passed a resolution (87-108) that prohibited the approval of new wastewater ponds in Butte County due to the concern that wastewater ponds discourage the development of public infrastructure. In 2006, a comprehensive set of standards was developed for wastewater ponds by a technical advisory group that included governmental and private-sector representatives. The advisory group completed a draft ordinance in 2007 that would restrict the type of wastewater ponds that can be approved in the future to “recycled water ponds," a type of wastewater pond that is lined to prevent any leakage and used only to store highly treated wastewater for beneficial reuse or for dispersal during the dry months of the year. After completion of the California Environmental Quality Act (CEQA) process for the General Plan and Zoning Ordinance in 2010 and 2012, the Board of Supervisors directed county staff to proceed with the CEQA review of the proposed pond ordinance in 2013. The CEQA process was completed in 2014 with an Initial Study that resulted in a Negative Declaration. The ordinance was brought to the Board on April 8, 2014, and at that time the Board adopted the CEQA Negative Declaration, waived the first reading of the ordinance, adopted a resolution amending the Butte County Master Fee Schedule, effective commensurate with the effective date of the ordinance, and rescinded the 1987 resolution (Res. 87-108) prohibiting the approval of wastewater ponds, effective commensurate with the effective date of the ordinance - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. PUBLIC WORKS 3.16* Authorization to Award Project - Construction of Module 1 & 3 Temporary Cover for the Neal Road Recycling and Waste Facility - On February 25, 2014, the Board authorized the Butte County Department of Public Works (DPW) to advertise for bids to install an interim cover on an 8.5 acre section of the landfill that will interface between the closed unlined waste modules and the newer lined waste modules. A reinforced polypropylene membrane will replace temporary covers that were installed in 2007 as a measure to limit storm water infiltration and protect ground water. The temporary covers have deteriorated and need to be replaced with a more substantial cover that will last until waste is placed in this area (estimated to be 15 years). The DPW advertised for bids on February 26, 2014 and received six (6) bids on April 8, 2014. The firm of Nichelini General Engineering Contractors, Inc. was determined to be the apparent low bidder at $692,020.03. The low bid is 2.6% greater than the engineer's estimate of $674,500. This project was budgeted in the current fiscal year based on a preliminary estimate developed last year. The scope of the project changed since it was budgeted and will require a budget adjustment to fund the increased amount. The DPW requests a budget adjustment using Neal Road Recycling and Waste Enterprise fund balance to fund the project. The DPW recommends an award of project to Nichelini General Engineering Contractors, Inc of West Sacramento as the lowest responsible and responsive bidder - action requested - 1) AWARD CONTRACT TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE CONTRACT SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 vote required). BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 22, 2014 PAGE 8 April 22, 2014 3.17* Budget Adjustment for County Service Area 180 to Provide Appropriation to Pay Billed Charges for Pump Maintenance - CSA 180 (Red Hawk Ranch Subdivision) required replacement of a pressure relief valve that was not anticipated in this year's budget. Requested is an approval of a budget adjustment in the amount of $317 for this replacement. This CSA has sufficient funding set aside for unanticipated repairs or replacement of fire protection equipment - action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required). 3.18* Authorization to Award Project to the Lowest Responsive and Responsible Bidder for the Garner Lane Pavement Replacement Project, County Project No. 61165-A-2014-1 - In 2014, the Public Works Department will use its own staff to chip seal Garner Lane in Chico from the Esplanade to Keefer Road. Prior to placement of the chip seal, it was determined that three portions of Garner Lane between State Highway 99 and Keefer Road are in need of major pavement rehabilitation, and the work could be better performed by a contractor. Due to time constraints and getting the contract work complete prior to the County staff placing the chip seal, the Public Works Department began advertisement for the Garner Lane Pavement Replacement project on April 3, 2014. A total of five bids were received and opened on April 15, 2014 for the project. The low bidder was George Reed, Inc. of Modesto, CA. The low bid amount was $107,615. The bid amount from George Reed, Inc. was 13.27% below the engineer’s estimate of $124,085 – action requested - AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. SHERIFF- CORONER 3.19* State of California, Off-Highway Motor Vehicle Recreation (OHMVR) Grant - The Butte County Sheriff's Office is requesting to accept a grant from the State of California, Department of Parks and Recreation, Division of Off-Highway Motor Vehicle Recreation (OHMVR). The Sheriff’s Office will provide extra help and overtime uniformed deputy sheriffs year-round to patrol the Jonesville Snow Park and Butte Meadows utilizing snow mobiles and 4-wheel drive vehicles. Uniform law enforcement personnel will provide patrol shifts during high usage periods, especially holiday weekends, and as needed. The grant in the amount of $22,897 will be utilized for personnel costs, fuel and maintenance, first aid kits, and safety equipment. The grant requires a $7,860 match that will be met by utilizing Butte County Sheriff's Office personnel providing supervision of grant activities, financial oversight, as well as volunteer staff from the Butte County Search and Rescue when performing search and rescue missions - action requested - ACCEPT GRANT AWARD. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 22, 2014 PAGE 9 April 22, 2014 WATER AND RESOURCE CONSERVATION 3.20* California Water Action Plan - Sustainable Groundwater Management - In January 2014, Governor Brown finalized the California Water Action Plan to guide State efforts to enhance water supply reliability, restore damaged ecosystems, and improve the resilience of water infrastructure over the next five (5) years. Ineffective groundwater management was among the areas covered by the Action Plan. The report found that “inconsistent and inadequate tools, resources and authorities make managing groundwater difficult in California and impede our ability to address problems such as overdraft, seawater intrusion, land subsidence, and water quality degradation.” The report did acknowledge that most basins were not in overdraft and that there are many good examples of well managed basins. The Governor's 2014-15 proposed budget included resources for the State Water Resources Control Board to take over the management of groundwater basins. The Governor also announced his intent to enact legislation for statewide sustainable groundwater management. On March 7, 2014, the State released a draft framework for comment due April 25, 2014. County staff has been working with Rural County Representatives of California (RCRC) and California State Association of Counties (CSAC) on comments and recommendations. The draft comment letter complements the letters to be submitted by RCRC and CSAC and is consistent with the County's legislative platform - action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. OTHER DEPARTMENTS AND AGENCIES 3.21* Request for Reappointment to the Gridley-Biggs Cemetery District Board of Directors – The District Manager of the Gridley-Biggs Cemetery District has submitted a request to reappoint Joseph P. Hughes, Director to a term to end May 1, 2018 – action requested – MAKE APPOINTMENT. 4.00 REGULAR AGENDA 4.01* Boards, Commissions and Committees 1. Appointments to Listed Vacancies 2. Board Member/Committee Reports and Board Member Comments (Pursuant to CA State law, the Board is prohibited from taking action on any item not listed on the agenda.) 4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. 4.03* Items Removed from the Consent Agenda for Board Consideration and Action. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 22, 2014 PAGE 10 April 22, 2014 4.04* Successor MOU, Butte County Employees Association-Social Services Workers Unit (BCEA- SSW) and Resolution Amending the Salary Ordinance - Over the past several months, the County and the bargaining team for the Butte County Employees Association-Social Services Workers Unit (BCEA-SSW) have met and conferred over a new Memorandum of Understanding (MOU). BCEA-SSW has ratified the terms of the County’s offer for a new MOU that will supersede and replace the expired 2010-2013 MOU. Concurrent with the adoption of the MOU, "Section 57D-BCEA-Social Services Workers Unit Classifications" of the Salary Ordinance needs to be amended to reflect the wage increases (04/12/14-2% and 12/20/14-1.5%) that were negotiated with BCEA-SSW and included in their MOU. As part of this change, the Salary Schedules reflecting these wage increases also need to be added to the Salary Ordinance. The new Salary Schedules will be titled “Reference X (Effective 04/12/14-2%)" and "Reference X (Effective 12/20/14-1.5%)" - action requested – 1) APPROVE MOU FOR THE BUTTE COUNTY EMPLOYEES ASSOCIATION-SOCIAL SERVICES WORKERS UNIT (BCEA-SSW) AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 22, 2014 PAGE 11 April 22, 2014 5.00 PUBLIC HEARINGS AND TIMED ITEMS 9:30 A.M. 5.01* Public Hearing - Consideration of Mitigated Negative Declaration for Environmental Impact for the Neal Road Bike Lane Project - The proposed project is to occur in three (3) phases to install Class 2 bike lanes along 7.5 miles of Neal Road from the Oro-Chico Highway to Paradise Town Limits. Phase 1 is currently programmed for federal Transportation Enhancement (TE) reimbursement under Federal Project No. RPSTLE-5912(090) and consists of widening and adding bike lanes to the first 4.7 miles of Neal Road, east of State Route 99. Phase 1 also improves bike accessibility over the remainder of Neal Road with installation of "Share the Road" signage including the portion within Paradise Town Limits to the Skyway intersection. As part of Phase 1, "Share the Road" signage will also be installed along the unincorporated portion of Cohasset Road from Chico city limits to Cohasset School. When funded in the future, Phase 2 will address the remaining 2.15 miles of Neal Road east to Paradise Town limits, which will include full roadway reconstruction with Class 2 bike lanes. Phase 3 will also occur later on the 0.65 mile segment of Neal Road from the Oro-Chico Highway to State Route 99 where the roadway will be widened with Class 2 bike lanes. "Share the Road" signage will be installed on the approaches to the Nance Canyon Creek Bridge located approximately 0.18 miles west of State Route 99 until the bridge can be replaced with a wider structure. Overall project activities include limited excavation, shoulder widening, pavement reconstruction, culvert extensions, roadside ditch improvements, and shoulder backing. Also included are traffic control, guardrail relocation, pavement markings, and striping. Phase 2 will necessitate minor right of way acquisition to accommodate roadway widening and realignment. All three phases are evaluated in the Draft Initial Study, which identifies possible impacts to special status species, wetlands, and jurisdictional waters. The Proposed Mitigated Negative Declaration makes the determination that identified mitigation measures may be implemented to avoid the significant impacts on the environment - action requested - 1) ADOPT THE CEQA MITIGATED NEGATIVE DECLARATION FOR BIKE LANE PROJECT; 2) ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) AND DIRECT THE PUBLIC WORKS DEPARTMENT TO MAKE THE MMRP A PART OF THE REQUIREMENTS OF THE PROJECT; 3) INCORPORATE CONDITIONS AND AVOIDANCE AND MITIGATION MEASURES IDENTIFIED IN REGULATORY PERMITS INTO THE PROJECT; AND 4) AUTHORIZE PAYMENT OF MITIGATION AND IN-LIEU FEES, IF DEEMED NECESSARY, AS A RESULT OF PRE-CONSTRUCTION SURVEYS FOR SWAINSON’S HAWK AND OTHER PROTECTED SPECIES AND/OR UNAVOIDABLE IMPACTS TO JURISDICTIONAL WATERS WITHIN THE BOUNDARIES OF PHASE 1. (Public Works) 9:35 A.M. 5.02 Timed Item – Presentation Regarding the State of Jefferson – action requested – ACCEPT FOR INFORMATION. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 22, 2014 PAGE 12 April 22, 2014 10:00 A.M. 5.03* Timed Item - Approval of Forest Advisory Committee Bylaws and Resolution Appointing Treasurer-Tax Collector to Butte County Coordinating Committee - At the December 10, 2013 meeting, the Board of Supervisors (Board) directed staff to set up a citizens’ advisory committee to advise the Board on issues pertaining to U.S. Forest Service lands and other public lands. The proposed bylaws outline the following: names the body as the Forest Advisory Committee (FAC); defines its membership (five (5) public members and alternates from agriculture/timber management, recreation–motorized, recreation–non-motorized, environmental and watershed management, economic/tourism interests; and one (1) representative from the Butte County Coordinating Committee (ex officio)); delineates terms of FAC members; and includes other details to operate the FAC. The FAC will work with the Butte County Coordinating Committee (Committee) to bring recommendations to the Board. Currently, the Committee is comprised of the Development Services Director, Public Works Director, and Water and Resource Conservation Director. Staff recommends adding the Treasurer-Tax Collector to the Committee, who has also expressed an interest in serving as an ex officio member of the FAC - action requested - 1) APPROVE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE FOREST ADVISORY COMMITTEE BYLAWS AND AUTHORIZE THE CHAIR TO SIGN. (Administration) 10:10 A.M. 5.04* Timed Item - Revision of Public Health Permits Ordinance (18A) and Adoption of Retail Food Facility Placarding Ordinance (18B) to Implement Retail Food Facility Color-Coded Placarding Program - Rating the level of food safety at retail food facilities and providing the information to the public using grades or colored placards has been shown in jurisdictions where rating systems have been adopted to promote public health by reducing the occurrence of foodborne illness. Rating systems for retail food facilities are popular with the public and supported by the retail food industry in jurisdictions where rating systems have been established. The Butte County Food Safety Advisory Group reviewed both the grading and the placarding rating systems and determined that a placarding program following the Sacramento County model would be best suited to meet the needs of Butte County residents. A placarding program proposal was developed and shared with the retail food industry in a series of regional workshops. The information was then shared with the general public through a series of regional workshops and on the department's website. Opinion surveys were provided at all the workshops and on the department's website. The majority of respondents, representing both the industry and the general public, strongly supported the placarding proposal. The proposal was taken to the Board of Supervisors on December 10, 2013. The Board directed the department to return to the Board with an ordinance to implement the placarding program as presented - action requested – 1) WAIVE THE FIRST READING OF THE REVISIONS PROPOSED FOR THE PUBLIC HEALTH PERMITS ORDINANCE (BUTTE COUNTY CODE CHAPTER 18A); 2) WAIVE THE FIRST READING OF THE PROPOSED RETAIL FOOD FACILITY PLACARDING ORDINANCE (BUTTE COUNTY CODE CHAPTER 18B); AND 3) ADOPT THE RESOLUTION FOR IMPLEMENTATION OF A RETAIL FOOD FACILITY PLACARDING PROGRAM. (Public Health) BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 22, 2014 PAGE 13 April 22, 2014 10:30 A.M. 5.05* Timed Item - Reconsideration of an Ordinance (No. 4075) Amending 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 an ordinance (No. 4075) amending Sections 34A-4, 34A-5, and 34A-8 to Article I, Chapter 34A, entitled "Restrictions on Cultivation of Medical Marijuana" of the Butte County Code on February 11, 2014. The effective date of the amendment would have been March 13, 2014, but a petition protesting the adoption of the ordinance amendment was filed with the Clerk of the Board of Supervisors on March 12, 2014, and transferred to the Butte County Elections Office for signature verification. The County Clerk-Recorder has verified that there are sufficient valid signatures on the petition, as set forth in the Certification to Referendum Petition Signature Verification, therefore, the ordinance (No. 4075) amending Sections 34A-4, 34A-5, and 34A-8 to Article I, Chapter 34A, entitled Restrictions on Cultivation of Medical Marijuana of the Butte County Code is legally suspended at this time. Pursuant to Elections Code Section 9145, the Board has the option of either repealing the ordinance amending the Chapter in its entirety or, 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. If the Board directs the ordinance to be submitted to the voters, the Department will return to the Board at the next meeting with the appropriate resolution – action requested – 1) REPEAL THE ORDINANCE (NO. 4075); - OR- 2) ORDER THE ORDINANCE (NO. 4075) TO BE SUBMITTED TO THE VOTERS AT THE NOVEMBER 4, 2014 GENERAL ELECTION; - OR - 3) ORDER THE ORDINANCE (NO. 4075) TO BE SUBMITTED TO THE VOTERS AT A SPECIAL ELECTION TO BE HELD NOT LESS THAN 88 DAYS AFTER THE DATE OF THE ORDER. 6.00 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 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 22, 2014 PAGE 14 April 22, 2014 BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AGENDA APRIL 22, 2014 1.00 CALL TO ORDER – Butte County Board of Supervisors Room, 25 County Center Drive, Oroville 2.00 CONSENT AND REGULAR AGENDA (NO ITEMS) 3.00 PUBLIC COMMENT (Individual presentations limited to 5 minutes) Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to 5 minutes. Please note that pursuant to California State Law, the Board is prohibited from taking action on any item not listed on the agenda. 4.00 CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATOR: CATHI GRAMS, JACK HUGHES & BRIAN RING EMPLOYEE ORGANIZATION: CUHW (This closed session item will be held contemporaneously with the Board of Supervisors closed session) ADJOURNMENT Adjourn as the In-Home Supportive Services Public Authority Board and reconvene as the Butte County Board of Supervisors. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 22, 2014 PAGE 15 April 22, 2014 7.00 CLOSED SESSION 7.01 ACTUAL LITIGIATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) – 1 CASE: WALNUT HILL ESTATE ENTERPRISES, LLC v. COUNTY OF BUTTE, ET AL. US DISTRICT COURT – EASTERN DISTRICT, CASE NO. 14-00640 7.02 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: JACK HUGHES & BRIAN RING EMPLOYEE ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA; DSA - MANAGEMENT/SUPERVISORY UNIT; DSA- GENERAL UNIT; BCCOA - SUPERVISORY UNIT; BCCOA - GENERAL UNIT; CONFIDENTIAL UNIT; PPOA - MANAGEMENT UNIT; NON-REPRESENTED UNIT (This closed session item will be held contemporaneously with the In-Home Supportive Services closed session) BUTTE COUNTY BOARD OF SUPERVISORS AGENDA – APRIL 22, 2014 PAGE 16 April 22, 2014 Information and Procedures Concerning the Agenda and Conduct of the Board of Supervisors Meetings Meeting Information: 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 the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted meeting calendar for the year are available in the County Administrative Office or at the Clerk of the Board website at www.buttecounty.net/cob. Agenda Information: 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 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) are available for your review at the County Administrative Office, the Chico, Oroville, and Paradise libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies of supporting materials can 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 in the agenda supporting material. Copies of all communications received by the Board of Supervisors (excluding 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 provided to the Board of Supervisors members to explain that item. Agenda Format and Meeting Order: The agenda is usually organized into the following areas and meetings generally proceed in the following order: 1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the 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 asks if there is anything anyone would like to remove from the Consent Agenda, stand and approach the podium and request the item be removed. The removed items are discussed at the end of the Regular Agenda. 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. 3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time 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 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. 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. Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow 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 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, or viewed at the Clerk of the Board website. The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with 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 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. For further information contact the: Clerk of the Board of Supervisors County Administrative Office 25 County Center Drive, Suite 200, Oroville, CA 95965 530-538-7631 www.buttecounty.net/cob