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HomeMy WebLinkAboutA082515 BUTTECOUNTY MEMBERS OF THE BOARD BOARDOFSUPERVISORS BILL CONNELLY, DISTRICT 1 LARRY WAHL, DISTRICT 2 RMA EGULAR EETING GENDA MAUREEN KIRK, DISTRICT 3 AUGUST25,2015 STEVE LAMBERT, DISTRICT 4 DOUG TEETER, DISTRICT 5 MEETING LOCATION BOARD OF SUPERVISOR CHAMBERS PAUL HAHN, 25 COUNTY CENTER DRIVE, SUITE 205 CHIEF ADMINISTRATIVE OFFICER/ BRUCE ALPERT, COUNTY COUNSEL OROVILLE, CALIFORNIA 95965-3380 CLERK OF THE BOARD 1.9:00 a.m. - Call to Order Pledge of Allegiance Silence Observation of a Moment of 2.Corrections and/or Changes to the Agenda 3.Consent Agenda 3.01* Behavioral Health Budget Adjustment for Fiscal Year (FY) 2014-15 Contract Rollover - In order to comply with Governmental Accounting Standards and generally accepted accounting practices, Butte County's year-end process does not automatically roll over appropriations for contracts and purchase orders encumbered in one fiscal year but spent in the next fiscal year. With the close of FY 2014-15 books, the Behavioral Health Department now has an estimate for additional appropriations needed in FY 2015-16 to pay for prior year contracts or purchase orders. The requested appropriations include any potential FY 2014-15 cost report settlements with contracted providers. Approval is requested for a budget adjustment increasing the Behavioral Health budget by $2,458,299 offset by $1,916,852 in revenues and the use of $541,447 in Mental Health Services Act funds action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Behavioral Health) 3.02* Agreement with BHC Heritage Oaks Hospital, Inc. - BHC Heritage Oaks Hospital, Inc., provides inpatient psychiatric hospitalization services. The State mandates contracting with managed care (BCDBH) began drafting the managed care hospital agreements in April but needed to wait for each new fiscal year. Once negotiated, their contract must be fully executed by their respective governing board. The State is notified by the host county of the contracted rates, and all other counties who contract with the hospital utilize those rates per the direction of the State. Due to these requirements, agreements with managed care hospitals are typically approved later in the fiscal year. Approval is requested for an agreement with BHC Heritage Oaks Hospital to provide inpatient psychiatric services for clients referred by BCDBH. The term of this agreement is July 1, 2015 through June 30, 2017. The maximum financial obligation under this agreement shall not exceed $1,200,000 ($600,000 in FY 2015-16 and $600,000 in FY 2016-17) action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR- CONTROLLER. (Behavioral Health) AUGUST 25, 2015 BOARD OF SUPERVISORS AGENDA PAGE 1 OF 13 3.03* Agreement with California Psychiatric Transitions, Inc. - California Psychiatric Transitions, Inc. (CPT) operates mental health rehabilitation center facilities providing a structured program to assist clients with the development of skills necessary to transition from supervised care to independent living. Approval is requested for an agreement with CPT to provide 24-hour mental health rehabilitation center services. The term of this agreement is July 10, 2015 through June 30, 2016. This agreement is replacing the Interim Agreement, which has been in place between Behavioral Health and CPT since July 10, 2015. The maximum financial obligation under this agreement shall not exceed $268,460 action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) 3.04* Appointment of District 3 Designated Agent to the Butte County Resource Conservation District (BCRCD) - The BCRCD was formed in 2002 by the Board of Supervisors. The mission of the BCRCD is to protect, enhance, and support Butte County natural resources and agriculture by working with willing land owners and citizens through education, land management, and on-the-ground projects. The BCRCD is governed by a five member Board of Directors, one appointed from each supervisorial district, made up of local land owners, ranchers and farmers. While in the process of updating its policies and procedures, the BCRCD found that, pursuant to the Public Resources Code (PRC) Section 9352, the appointed Directors shall: "(1) reside within the district and either own real property in associate director providing advisory or other assistance to the board of directors, or (2) be a designated agent of a resident landowner within the district." Martha K. Leicester, a resident landowner within the BCRCD, has submitted a letter to sponsor Colleen Hatfield, the current District 3 Director, as her designated agent as Ms. Hatfield does not reside within the BCRCD. The boundaries of the BCRCD, as defined by Board of Supervisors Resolution 02-062, include all of the unincorporated areas of Butte County, excluding the territory within the Vina Resource Conservation District. County staff will be evaluating the need for an update to Resolution 02-062 and will bring forward additional actions, if needed, at a future meeting - action requested - APPOINT COLLEEN HATFIELD, DESINATED AGENT OF A BCRCD RESIDENT LANDOWNER, AS THE DISTRICT 3 DIRECTOR. (County Administration/Supervisor Kirk) 3.05* Consolidated FY 2015-16 Budget Adjustment and General Fund Contingencies Adjustment - This item consolidates a number of budget adjustments for multiple departments into a single action. With the end of FY 2014-15, departments now have a more precise estimate of FY 2015-16 anticipated costs for projects or purchases that span fiscal years and need to be re-budgeted in FY 2015-16. Additionally a number of clean-up actions are necessary for items inadvertently left out of the Recommended Budget. All but one adjustment is offset by the use of restricted fund balance or increased revenue. The adjustment includes a $50,000 transfer from General Fund Appropriation for Contingencies to Probation related to revenue received in FY 2014-15. There are five adjustments to capital assets as well as the addition of one full-time equivalent position funded by State and federal revenues. In summary, the adjustments include: 1) General Fund: Increase appropriations by $452,526, offset by $402,526 in new revenue and restricted fund balances and $50,000 in General Fund Contingencies. These changes include capital asset authority to purchase equipment to be installed on three water tenders; 2) Behavioral Health Fund: Increase appropriations by $89,835, offset by additional revenue; 3) Fire Equipment Replacement Fund: Increase appropriations and revenue by $567,893 and capital asset authority to purchase two fire engines; and 4) Neal Road Recycling & Waste Facility Operations: Increase appropriations by $1,240,000, offset by use of fund balance - action requested 1) APPROVE BUDGET ADJUSTMENT, INCLUDING GENERAL FUND APPROPRIATIONS FOR CONTINGENCIES (4/5 vote required); 2) AUTHORIZE PURCHASE OF CAPITAL ASSETS (5); AND 3) ADOPT RESOLUTION AMENDING THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) AUGUST 25, 2015 BOARD OF SUPERVISORS AGENDA PAGE 2 OF 13 3.06* Approval of Minutes action requested APPROVE MINUTES OF AUGUST 11, 2015. (County Administration) 3.07* FY 2015 Emergency Management Performance Grant - The Butte County Operational Area has been allocated $171,566 by the California Office of Emergency Services through the FY 2015 Emergency Management Performance Grant Program to support activities that contribute to the mitigation, prevention, preparation, response and recovery from emergencies and disasters whether natural or man-made. Participation in this grant requires a dollar for dollar match. This has been an on-going grant from the State that has been increasing in amount over the past several years. The grant and required match is included in the FY 2015-16 Budget. Approval of the resolution authorizes the Emergency Services Officer to apply for the grant and also gives authorization to the Chief Administrative Officer, Deputy Administrative Officers and the Emergency Services Officer to sign grant documents - action requested - APPROVE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.08* FY 2015 Homeland Security Grant Application - In order for the Butte County Operational Area to apply for grant funds from the Department of Homeland Security/Federal Emergency Management Agency to enhance prevention, preparedness, response and recovery capabilities from threats and incidents of terrorism and all hazards natural or man-made, the Board of Supervisors must approve a resolution authorizing the Emergency Services Officer to apply for the grant. Approval of the resolution also gives authorization to the Chief Administrative Officer, Deputy Chief Administrative Officers and/or the Emergency Services Officer to sign grant documents. The grant application will be for $301,423. The grant specifies that an Anti-Terrorism Approval Body (Approval Authority) will determine the best use of funds. The Approval Authority consists of the Public Health Officer, County Fire Chief, County Sheriff, a Municipal Fire Chief, and a Chief of Police. The Approval Authority creates sub-committees to make expenditure recommendations that will be forwarded to the Board of Supervisors for final approval. All expenditures for equipment, training, planning, and exercises must meet grant guidelines action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.09* Continuation of Local Drought Proclamation - On July 22, 2015, The Chief Administrative Officer declared a local emergency caused by drought, which was proclaimed by the Governor on January 17, 2014. On July 28, 2015 the Board of Supervisors reaffirmed and ratified the proclamation of local emergency associated with drought. State law requires that the Board of Supervisors review the need for continuing the local emergency every 30 days. As the state continues through its fourth year of drought, Butte County is feeling the effects as the number of landowners with dry wells is increasing. At this point, the final duration of the emergency has not yet been determined action requested - 1) CONFIRM THE NEED FOR CONTINUING THE PROCLAMATION OF A LOCAL EMERGENCY; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.10* Agency Response to Grand Jury - To comply with Penal Code Sections 933 and 933.05, staff has prepared a draft Board of Supervisors response to the findings and recommendations contained in the 2014-15 Grand Jury Final Report. Also contained are the responses department heads prepared for the Presiding Judge of the Butte County Superior Court. Attachment A in the staff report contains copies of Appointed Department Head responses and Attachment B contains copies of Elected Department Head responses. It is requested that the Board approve the response for submittal to the Presiding Judge. Alternatively, the Board can direct staff to make specified changes to the draft response, and a revised response can be submitted to the Presiding Judge action requested - APPROVE GRAND JURY RESPONSE AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) AUGUST 25, 2015 BOARD OF SUPERVISORS AGENDA PAGE 3 OF 13 3.11* Capital Asset Surplus - The Clerk-Recorder Department requests the Board of Supervisors to declare surplus the following capital assets: 1) Bryce Envelope Printer with Conveyor, Asset No. 26360; 2) Fujitsu Scanner FI 5750 C w/HVRS, Asset No. 27288; 3) IBM Server XSeries 342, Asset No. 26696; 4) HP Laser Jet 8150 Printer, Asset No. 26744; 5) IBM Server X346 Xeon, Asset No. 27015; 6) IBM Tape Drive Exp 400, Asset No. 27016; and 7) IBM Server X336, Asset No. 27017. These computers, printers and scanner were replaced with newer technology to be compatible with Microsoft Server 2012 and Windows 7. The surplus equipment is no longer useful to the department in any capacity action requested 1) DECLARE CAPITAL ASSET ITEMS SURPLUS TO THE NEEDS OF THE COUNTY; 2) DIRECT THE ITEMS TO BE REMOVED FROM THE CAPITAL ASSET INVENTORY LIST; AND 3) AUTHORIZE DISPOSAL IN ACCORDANCE WITH COUNTY POLICY. (Clerk-Recorder) 3.12* Resolution Supporting McClintock Agricultural Easement - The Northern California Regional Land Trust (NCRLT) requests adoption of a resolution in support of its application to acquire an agricultural easement on 75+/- acres of land located approximately 0.1 mile west of the City of Chico Sphere of Influence and Green Line. The resolution includes Board findings necessary for the NCRLT to submit Program to pursue acquisition of the agricultural easement. The conservation easement would preclude conversion of prime farmland on the subject parcel to rural residential development or other non-agricultural uses action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) 3.13* Real Estate Fraud Report for FY 2014-15 - Pursuant to Government Code §27388, the District Attorney is to file an annual report with the Board of Supervisors and the State Legislative Analyst's Office (LAO) regarding the effectiveness of the Real Estate Fraud Investigation and Prosecution Program. The report for FY 2014-15 is included in the staff report action requested - ACCEPT REPORT AS PRESENTED BY THE DISTRICT ATTORNEY'S OFFICE. (District Attorney) 3.14* LexisNexis - Contract Amendment - LexisNexis provides the Butte County District Attorney's Office with on-line legal resources, including access to a comprehensive collection of legal authoritative documents. Approval is requested for an amendment to the agreement with LexisNexis. The amendment extends the term of the agreement for three years. The term of this agreement will be extended to October 31, 2018. This amendment is an increase of $38,277.72 over three fiscal years: $12,384.00 for FY 2015-16, $12,755.52 for FY 2016-17 and $13,138.20 for FY 2017-18 action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (District Attorney) 3.15* Resolution Affirming Butte County's Commitment to Preventing Commercial Sexual Exploitation of Children - The Director of the Department of Employment and Social Services requests that the Board of Supervisors adopt a resolution to affirm Butte County's commitment to preventing Commercial Sexual Exploitation of Children in Butte County and to work collaboratively with all county partners to identify, protect, and serve these vulnerable children and youth action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) AUGUST 25, 2015 BOARD OF SUPERVISORS AGENDA PAGE 4 OF 13 3.16* CA Department of Forestry and Fire Protection for Fire Protection Services - The County of Butte annually contracts with the California Department of Forestry and Fire Protection for fire protection services in the unincorporated areas of Butte County. The term of the agreement is July 1, 2015 through June 30, 2016 with a maximum payable amount of $15,169,687 which reflects the amount approved by the Board of Supervisors during the Final Budget Hearings in June 2015 action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN FIVE (5) COPIES SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND ADOPT RELATED RESOLUTIONS AND AUTHORIZE THE CHAIR TO SIGN THREE (3) COPIES. (Fire) 3.17* Surplus Vehicle and Equipment Auction - Prior to auctioning County assets that are no longer serviceable and no longer needed, Section 12.3.3 (Vehicles) and Section 12.4 (Capital Assets other than vehicles) of the Butte County Contracts/Purchasing Policy and Procedure Manual requires the Board of Supervisors to declare such equipment surplus. Staff recommends that the Board declare the items listed on the "Surplus Assets List as of July 14, 2015" as surplus and authorize the County Purchasing Agent to auction the items action requested 1) DECLARE LISTED VEHICLES AND OTHER CAPITAL ASSETS SURPLUS; AND 2) AUTHORIZE THE PURCHASING AGENT TO AUCTION LISTED ITEMS. (General Services) 3.18* Lease and Budget Adjustment for a Portion of 560 Cohasset Road - The Butte County Department of Behavioral Health delivers the Chico Community Counseling Center programs from 500 Cohasset Rd. Suites 15 - 20, in Chico, under a lease in hold over status. This lease of 9,000 square feet had a rate of approximately $1.40 per square foot with a monthly payment of $12,610.47. The landlord of the 500 Cohasset Rd. Suites 15 - 20 has decided not to renew the lease with the Department and has served the County with a thirty-day notice to vacate the premises. With the help of Enloe Medical Center, the Department wishes to relocate the Chico Community Counseling Center programs to 560 Cohasset Road. The new location of approximately 8,000 square feet has a fixed monthly rate of $.80 per square foot with a monthly payment of $6,400 from September 1, 2015 through August 31, 2025. The rate will then escalate to $0.92 per square foot for a total monthly payment of $7,360 for the balance of the lease term scheduled to terminate August 31, 2035. The new lease, with the ability to terminate due to lack of funding, will allow the Department to utilize State funding sources available only under twenty-year lease terms. Over the entire term of the lease, approximately $1,362,779 in lease savings will be recognized. In addition, the 560 Cohasset gross lease is inclusive of utilities for additional significant savings. This lease includes the option to extend for an additional 120 month period. Funding for this lease is included in the FY 2015-16 budget and requires no additional appropriation. Minor tenant infill modifications will be necessary, and require a budget adjustment of $150,000 to properly adequate funds for construction - action requested - 1) APPROVE THE LEASE AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE THE BUDGET ADJUSTMENT (4/5 vote required). (General Services) 3.19* Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance for the following department: Behavioral Health: The Department of Behavioral Health is requesting to delete one (1) Behavioral Health Counselor II/I or Behavioral Health Worker and add one (1) Administrative Analyst, Senior/Administrative Analyst/Administrative Analyst, Associate within the department's Quality Management Division to assist with clinical audits, Medi-Cal site certification, and other duties. In addition, the Department of Behavioral Health is requesting to delete one (1) Supervisor, Behavioral Health Clinician and add one (1) Supervisor, Behavioral Health Counselor as the Supervisor, Behavioral Health Clinician has proven to be difficult to fill. These changes will leave the total allocations in the department unchanged and has no fiscal impact on the County General Fund - action requested - ADOPT THE RESOLUTION AMENDING THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) AUGUST 25, 2015 BOARD OF SUPERVISORS AGENDA PAGE 5 OF 13 3.20* Resolution - Limited Benefits for Extra Help Appointments - The Board of Supervisors previously passed a resolution providing that Extra Help Appointments were eligible to receive Standby Pay. The Department of Behavioral Health provides 24-hour services at a number of facilities throughout the County, including the Psychiatric Health Facility (PHF), the Crisis Stabilization Unit (CSU), and Crisis Services - inclusive of the Crisis Walk-In Center, Mobile Crisis and Hospital Triage Crisis. The department has difficulty in recruiting and retaining staff at these sites, and in addition to Regular Help employees, it uses a number of Extra Help employees to meet the minimum staffing requirements of the facilities. Approval is requested for the adoption of a resolution that will, in addition to Standby Pay, provide Extra Help Appointments with an additional five percent (5%) of base pay when assigned to the Department of Behavioral Health's 24-hour services action requested - ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.21* September is Library Card Sign-up Month - A library card is the "smartest card" September is Library Card Sign-up Month. Studies show that children who are read to in the home, and who use the library perform better in school. September is Library Card Sign-up Month, a time when the Butte County Library joins with the American Library Association and public libraries nationwide to make sure that every student has the most important school supply of all a free library card action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Library) 3.22* Oakdale Heights Safe Route to School (SRTS) Contract Change Order No. 1 - In June 2015, Franklin Construction, Inc. of Chico, CA was awarded the Oakdale Heights SRTS Project contract in the amount of $871,343. The original contract provides for ten (10) dig outs of the streets existing asphalt surface to repair failing areas and paid for on a square yard basis. Once construction work began, it became evident that this was not going to be sufficient because of the numerous and extensive failing areas caused in part by the recent utility relocation work and additional construction equipment using the area. Staff researched alternative methods of repair and decided to pulverize the entire existing surface, re-shape and compact the base section followed by placement of a hot mix overlay. This contract change order increases and decreases the engineers estimate at contract unit prices and provides additional compensation in the amount of $22,398 to the contractor for extra work - action requested - APPROVE CONTRACT CHANGE ORDER NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.23* Durham Community Foundation Donation for Driver Feedback Speed Limit Signs - The Durham Community Foundation has generously donated $9,638 for the purchase of two solar-powered radar driver speed feedback signs that will be installed on Durham Dayton Highway adjacent to the Durham School. Earlier this summer, the staff with Public Works Department met with the Superintendent of Durham School District and neighbors who live along Durham Dayton Highway across the street from the Durham Elementary school to discuss traffic and pedestrian safety in this area. As a result, the department installed a no parking or stopping zone during school hours on the south side of Durham Dayton Highway across from the elementary school, and the Durham Community Foundation agreed to fund two solar powered driver feedback signs - action requested - ACCEPT DONATION AND APPROVE A LETTER OF THANKS TO THE DURHAM COMMUNITY FOUNDATION. (Public Works) 3.24* Retirement Resolution for Jail Lieutenant John Kuhn - Resolution in recognition of Lieutenant John Kuhn upon his retirement from the Butte County Sheriff's Office after 27 years of service to the citizens of Butte County action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff) AUGUST 25, 2015 BOARD OF SUPERVISORS AGENDA PAGE 6 OF 13 3.25* Resolution Authorizing Use of Unclaimed Victim Restitution Funds for Victim Services - In February 2014 the Treasurer-Tax Collector, the District Attorney and the Superior Court entered into an MOU to provide an enhanced victim restitution collection and disbursement program. Pursuant to the MOU unclaimed victim restitution funds can be used to support the program, as permitted by law. The departments have identified $4,417.62 in unclaimed victim restitution funds that are available to be used for the program, and pursuant to California Government Code Section 50050, Board approval is requested to use those monies for the program. Per Government Code 50050, the Treasurer-Tax Collector published the list of unclaimed money, totaling $4,417.62, in the Chico Enterprise-Record on May 11, 2015 and May 18, 2015. The deadline to file a claim was June 25, 2015. The departments are requesting approval of a resolution declaring the unclaimed monies in the Victim Restitution Fund to be the property of the County of Butte and transferring the funds to the General Fund (Treasurer-Tax Collector) for the purpose of supporting the Enhanced Victim Restitution Collection and Disbursement Pilot Program action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Treasurer-Tax Collector/District Attorney) 3.26* Agreements with Columbia Ultimate Business Systems, Inc. - The Treasurer-Tax Collector Department has used the Columbia Ultimate Business Systems, Inc. (CUBS) software since the inception of the Central Collections Division in 2001. Approval is requested for new agreementsfor the period of July 1, 2015 through June 30, 2018. CUBS provides technical assistance and licensing to the users of their collector software systems. A percentage of the value of the software previously purchased sets the renewal fee schedule. The contract total for both agreements is $83,214. The cost breakdown is as follows: FY 2015-16: $26,976 (License $4,759, Support $22,217); FY 2016-17: $28,119 (License $4,965, Support $23,154); FY 2017-18: $28,119 (License $4,965, Support $23,154 - action requested - APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Treasurer-Tax Collector) 3.27* Agreement with Columbia Ultimate Business Systems, Inc. - The Treasurer-Tax Collector Department has used the Ultimate Connect (Formerly Immedia) Division of Columbia Ultimate Business Systems, Inc. (CUBS) software since 2001 to mail customer letters initiated by revenue and reimbursement officers in the course of their daily work. Approval is requested for a new agreement for these services through June 30, 2016. The Department uses the CUBS software collection system to service the Court and the County's delinquent debt portfolio. Ultimate Connect is the business unit of CUBS that handles the billing and letter program piece of the overall collections program. Prior to July 1, 2015, the contract was amended to cover anticipated levels of service needed for the coming fiscal year. General Services and County policy require a new contract for the continuation of this service. This contract allows for a maximum payment of $52,000 for services through June 30, 2016 action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Treasurer-Tax Collector) 3.28* Resolution Recognizing 3rd Annual Court Appointed Special Advocate (CASA) Superhero Run to be held on September 19, 2015 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Other Departments/Agencies) 3.29* Resolution Recognizing Hmong History Month action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Other Departments/Agencies) 3.30* Resolution Recognizing Childhood Cancer Awareness Month - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Other Departments/Agencies) AUGUST 25, 2015 BOARD OF SUPERVISORS AGENDA PAGE 7 OF 13 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 Items Removed from the Consent Agenda for Board Consideration and Action. 4.04* Contract Extension, Deputy Sheriff's Association - General Unit (DSA-General) - The County and the DSA-General Unit have met and conferred over a Memorandum of Understanding (MOU) extension for the existing MOU that is set to expire on January 15, 2016. DSA-General has ratified the terms of the County's offer for a MOU extension, including the following two changes: 1) Section 14.01 Salary - all wages for represented classifications will be increased by nine percent (9%) effective August 29, 2015; and 2) Section 37.00 Terms of Agreement - extends the MOU through February 24, 2017 action requested 1) ADOPT THE SIDE LETTER WITH THE DSA-GENERAL UNIT AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 4.05* Side Letters with BCEA-General, BCMEA, and PEA - Approval is requested for side letters of agreement with the following three employee associations: The Butte County Employees' Association-General Unit (BCEA-Gen), the Butte County Management Employees' Association (BCMEA), and the Professional Employees Association (PEA). The Department of Behavioral Health provides 24-hour services at a number of facilities throughout the County, including the Psychiatric Health Facility, the Crisis Stabilization Unit, and Crisis Services, inclusive of the Crisis Walk-In Center, Mobile Crisis and Hospital Triage Crisis. The department has difficulty in recruiting and retaining staff at these sites. Therefore, in an effort to attract qualified applicants and retain existing personnel, the County and the employee associations have agreed to add a five percent (5%) pay differential for all classifications assigned to these sites. Approval is also requested for a side letter of agreement with PEA regarding the salary for the Psychiatrist classification. The department has recruited on a continuous basis for the last two years for Psychiatrists and has only received one qualified applicant in that period of time; that applicant declined an offer of employment. Because of the difficulty recruiting for this classification, the County and PEA have agreed to increase the salary for the Psychiatrist classification by ten percent (10%). Due to the timing of the change in the Psychiatrist rates, two amendments to the Salary Schedule for PEA are included: 1) the first reflects the change in the Psychiatrist rates effective August 29, 2015 based on the current PEA Salary Schedule; and 2) the second reflects the change in the Psychiatrist rates based upon a change negotiated in the last MOU with PEA, and already included in the Salary Ordinance, for an additional 3% increase for all PEA classifications effective October 24, 2015 action requested 1) APPROVE THE SIDE LETTERS (4) AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) AUGUST 25, 2015 BOARD OF SUPERVISORS AGENDA PAGE 8 OF 13 4.06* Contract Extension, Deputy Sheriff's Association - Management and Supervisory Unit (DSA-Mgmt) - The County and DSA-Mgmt has met and conferred over an MOU extension for the existing MOU that is set to expire on January 15, 2016. DSA-Mgmt has ratified the terms of the County's offer for a MOU extension, including the following two changes: 1) Section 9.01 Salary - all wages for represented classifications will be increase by nine percent (9%) effective August 29, 2015; and 2) Section 32.00 Terms of Agreement - extends MOU through February 24, 2017 action requested 1) ADOPT THE SIDE LETTER WITH THE DSA-MGMT AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 4.07* Introduction of Ordinance Enti - The Development Services Department requests approval of an ordinance adding Article VII, entitled y Code as required by Assembly Bill (AB) 2188. AB 2188 amended two of the several statues that compose the Solar Rights Act - Civil Code Section 714 and Government Code Section 65850.5. It applies to all cities, counties, or a city and county that have jurisdiction over permitting. The most significant change to the act is a statutory mandate for local jurisdictions to adopt an ordinance that creates streamlined, expedited permitting process for small residential rooftop solar energy systems (10-kw or less) on or before September 30, 2015. The proposed ordinance also contains the recommended language as outlined within California Solar Permitting Guidebook referenced above. No additional restrictions are included in the proposed ordinance. Approval of this recommended action would amend Chapter 26 of the Butte County Code to implement the requirements of AB 2188. Staff has determined the proposed Ordinance is exempt under from the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines because the proposed ordinance does not have a significant effect on the environment - action requested - WAIVE FIRST READING OF THE ORDINANCE. (Development Services) 5.Public Hearings and Timed Items 5.01* 9:20 a.m. - Timed Item - Introduction of an Ordinance Amending Butte County Code to Prohibit Use of Electronic Smoking Devices in the Workplace and Enclosed Public Places - Butte County Code Chapter 15, Article V - Regulation of Smoking in Workplaces and Enclosed Public Places was last updated in 1992 before the development and use of electronic smoking devices (also known as e-Cigarettes). The Public Health Department proposed a code amendment at the Board's July 28, 2015 meeting that would include prohibition of the use of electronic smoking devices where tobacco use is currently prohibited in the workplace and enclosed public places. After reviewing the proposed code amendment and receiving comment from the public, the Board directed the department to make additional modifications to the code amendment and to return to the Board with an updated proposal for further review. Additional code modifications have been incorporated into the current draft code amendment that: 1) Define the term "retail food facilities; 2) Prohibit smoking within 20 feet of County buildings; 3) Clarify the exemption that allows smoking in retail stores selling primarily tobacco and electronic smoking products; and 4) Allows the continued exemption of public and private assembly rooms while they are being used for private functions - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. (Public Health) AUGUST 25, 2015 BOARD OF SUPERVISORS AGENDA PAGE 9 OF 13 5.02* 9:30 a.m. - Public Hearing - Accept Testimony on Establishing the Butte County Tourism Business Improvement - On August 11, 2015, the Board of Supervisors adopted a Resolution of Intention to establish the Butte County Tourism Business Improvement District (BCTBID) and set a public meeting for August 25, 2015 to hear testimony on establishing the BCTBID. Each lodging business within the County of Butte received a notice of the public meeting and the opportunity to provide testimony in accordance with the Property and Business Improvement Law of 1994, Streets and Highways Code § 36600 et seq. Any interested person for or against the establishment of the BCTBID may provide testimony at the public meeting. The purpose of the BCTBID is to promote tourism to Butte County and increase overnight stays at lodging businesses within the County. In order to fund tourism promotion services, district members (lodging businesses) assess 2% on gross, short-term rentals. The district members and governed by a Board of Directors chosen by the district membership. Each jurisdiction within the County will be responsible for collecting the assessed funds on a monthly or quarterly basis and remitting them directly to the BCTBID Owners Association - action requested - HOLD A PUBLIC HEARING. (County Administration) 5.03* 9:40 a.m. - Public Hearing - Discuss Accomplishments for Disaster Recovery Initiative (DRI) Grant 10- DRI-6785 - Butte County received a DRI grant in 2011 from the State Department of Housing and Community Development (HCD) to assist residents with damages and destruction from the 2008 wildfires. On April 28, 2011, the County entered into a Grant Agreement with HCD in the amount of $7,393,980 to complete the following activities: 1) housing rehabilitation and reconstruction; 2) reimbursement for preparation of the Safety Element of the General Plan; 3) Local Hazard Mitigation Plan Update; 4) improvements to Concow Road; and 5) grant administration. The activities funded by the DRI grant are complete. Grant recipients are required to collect information on each activity funded by a Grant Agreement and provide it in a Grantee Performance Report (GPR) when a grant is complete. Grantees are also required to hold a public hearing before the Board of Supervisors to discuss the GPR and accomplishments of the grant. Staff recommends the Board of Supervisors accept the reports as information and hear public comment regarding the GPR - action requested - ACCEPT FOR INFORMATION AND HOLD PUBLIC HEARING. (County Administration) 5.04* 10:00 a.m. - Timed Item - Bell Muir Extension - Very Low Density Residential (VLDR) General Plan Designation - Properties located along the north side of Bell Road and the west side of Muir Avenue are designated by the Butte County General Plan and zoned as Very Low Density Residential, 2.5 acre minimum (VLDR-2.5). This area, known includes 33 parcels. It is requested that the Butte County Board of Supervisors consider the appropriate zoning designation of the Bell Muir Extension neighborhood of west Chico, permit landowners and citizens to be heard on the appropriate zoning designation and minimum parcel size for that area, and provide direction to Development Services staff to keep the existing designation of VLDR-2.5 or process a change to Rural Residential, 5-acre minimum parcel size (RR-5) - action requested - CONSIDER THE APPROPRIATE GENERAL PLAN AND ZONING DESIGNATION FOR THE BELL MUIR EXTENSION, PERMIT LANDOWNERS AND CITIZENS TO BE HEARD ON THE ZONING AND MINIMUM PARCEL SIZE FOR THAT AREA, AND PROVIDE DIRECTION TO DEVELOPMENT SERVICES STAFF. (Development Services) AUGUST 25, 2015 BOARD OF SUPERVISORS AGENDA PAGE 10 OF 13 5.05* 1:00 p.m. - Timed Item - PowerButte Workshop - Update on Current and Proposed Energy Initiatives - The County of Butte continues to embark on energy programs and projects in order to: improve the economy, provide cost saving opportunities for residents and businesses, and positively impact the environment. PowerButte represents the many energy initiatives currently underway, as well as other new projects and programs to be considered in the future. In order to explain the status of each existing and proposed PowerButte initiative, an update will be provided on the following: 1) Chevron Energy Program Results; 2) Climate Action Plan Monitoring Report; 3) Solar Overlay Zone - Draft Vision and Guiding Principles; and 4) Proposed Community Choice Aggregation - action requested - 1)ACCEPT FOR INFORMATION THE FOLLOWING: CHEVRON ENERGY PROGRAM RESULTS; CLIMATE ACTION PLAN MONITORING REPORT; AND SOLAR OVERLAY ZONE DRAFT VISION AND PRINCIPLES; AND 2)PROVIDE DIRECTION ON EVALUATING COMMUNITY CHOICE AGGREGATION AS AN ENERGY ALTERNATIVE FOR BUTTE COUNTY. (County Administration) ( 6.Public Comment each speaker limited to five minutes) Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board of Supervisors is prohibited from taking action on any item not listed on the agenda. AUGUST 25, 2015 BOARD OF SUPERVISORS AGENDA PAGE 11 OF 13 7.Closed Session 7.01 ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(1) - TWO CASES: 1.JACQUELINE DEVLIN V. BUTTE COUNTY AND MICHAEL SANDERSON; BUTTE COUNTY SUPERIOR COURT CASE NO. 163271; AND 2. TAAMAI V. COUNTY OF BUTTE; BUTTE COUNTY SUPERIOR COURT CASE NO. 162708. 7.02 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: JACK HUGHES AND BRIAN RING EMPLOYEE ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA; DSA - MANAGEMENT/SUPERVISORY UNIT; DSA- GENERAL UNIT; BCCOA - SUPERVISORY UNIT; BCCOA - GENERAL UNIT; CONFIDENTIAL UNIT; PPOA - MANAGEMENT UNIT; NON-REPRESENTED UNIT; SKILLED TRADES UNIT 7.03 PUBLIC EMPLOYEE EMPLOYMENT, APPOINTMENT, RECRUITMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1.AGRICULTURAL COMMISSIONER 2.BEHAVIORAL HEALTH DIRECTOR 3.CHIEF ADMINISTRATIVE OFFICER 4.CHIEF PROBATION OFFICER 5.CHILD SUPPORT SERVICES DIRECTOR 6.COUNTY COUNSEL 7.DEVELOPMENT SERVICES DIRECTOR 8.EMPLOYMENT AND SOCIAL SERVICES DIRECTOR 9.HUMAN RESOURCES DIRECTOR 10.INFORMATION SERVICES DIRECTOR 11.LIBRARY DIRECTOR 12.PUBLIC HEALTH DIRECTOR 13.PUBLIC WORKS DIRECTOR 14.WATER AND RESOURCE CONSERVATION DIRECTOR AUGUST 25, 2015 BOARD OF SUPERVISORS AGENDA PAGE 12 OF 13 Butte County Department Heads Information and Procedures Concerning the Agenda and Board of Supervisors Meetings Agricultural Commissioner: Meeting Information: Richard Price Assessor*: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are Diane Brown 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 Auditor-Controller*: as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted Dave Houser meeting calendar for the year are available in the County Administrative Office or on the Clerk of the Board Behavioral Health: website page. Dorian Kittrell Agenda Information: Chief Administrative Officer: The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72 Paul Hahn 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 Chief Probation Officer: Steve Bordin 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 Child Support Services: do not remove items from these files), and at the Clerk of the Board website. Copies of supporting materials can Sharon A Stone 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 MikeRamsey 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 Fire Chief: set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time Greg McFadden 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: Mike Crump 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 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 AUGUST 25, 2015 BOARD OF SUPERVISORS AGENDA PAGE 13 OF 13