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HomeMy WebLinkAboutA091013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA September 10, 2013 vTr p O O O 0 O o U N'� 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 Bruce S. Alpert, County Counsel and Clerk of the Board BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-SEPTEMBER 10,2013 Butte County Department Heads Agricultural Commissioner Richard Price Assessor* Fred Holland Auditor-Controller* Dave Houser Behavioral Health Director Anne Robin 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 George Morris General Services Director Grant Hunsicker Human Resources Director Brian Ring Information Systems Director Robert Barnes Library Director Melanie Lightbody Public Health Director Cathy Raevsky Public Works Director Mike Crump Sheriff-Coroner* Jerry Smith Treasurer-Tax Collector* C. Linda Barnes Water and Resource Conservation Paul H. Gosselin * Elected Official PAGE 1 September 10, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-SEPTEMBER 10,2013 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 CONSENTAGENDA AGRICULTURE 3.01* Agreement with California Department of Food and Agriculture - Fiscal Year 2013-14 Exotic Pest Detection - The Exotic Pest Detection Trapping agreement is a long-standing contract. The agreement for FY 2013-14, in the amount of $78,205, is for placing and servicing traps for the detection of exotic pests, which are considered hazardous to agriculture and to the economy of California. Those insects may include, but are not limited to, Mediterranean Fruit Fly, Oriental Fruit Fly, Melon Fly, Gypsy Moth, Japanese Beetle, and other invasive exotic pests. This agreement includes delimitation work associated with the detection of one or more life stages of the above target pests in the County. The term of the agreement is July 1, 2013 to June 30, 2014 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. AUDITOR- 3.02* Adoption of Tax Rates for Fiscal Year 2013-14 - In accordance with Government Code CONTROLLER Section 29100, State law requires the Board of Supervisors to adopt rates of taxes on the Secured Roll not later than October 3 of each year. The resolution included in the staff report approves tax rates in the County of Butte for Fiscal Year (FY) 2013-14 - action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.03* County Service Area (CSA) and Permanent Road Division Charges for Fiscal Year 2013-14- In accordance with Government Code Section 25215.5, the Board of Supervisors must approve per parcel charges and adopt a resolution confirming CSA and Permanent Road Division per parcel charges in the County of Butte for FY 2013-14 as shown in Exhibit A to the resolution. Based upon prior requests from the Board of Supervisors, Exhibit B includes per parcel charges by District - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 2 September 10, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—SEPTEMBER 10,2013 BEHAVIORAL 3.04* Informational Notice for Agreement with Department of Health Care Services (DHCS) and HEALTH Mental Health Services Oversight and Accountability Commission (MHSOAC) -The Mental Health Services Act (MHSA), or Proposition 63, was passed in November 2004 and imposes a 1% income tax on personal incomes exceeding one million dollars. The MHSA increases funding, personnel, and resources for community inspired mental health programs and statewide goals for children, transition age youth, adults, older adults, and families. The purpose of the MHSA is to assist in redesigning and expanding California's mental health system. The components are designed to build a recovery model infrastructure within the Butte County Department of Behavioral Health (BCDBH), and to enhance treatment opportunities for Butte County residents. The MHSA FY 2013-14 Update to the Program and Expenditure Plan is an annual program and fiscal update on the County's MHSA component plans. BCDBH's update to the MHSA plan was presented to stakeholders for input through a variety of community forums. The plan update was also posted for the required 30-day review and comment, followed by a public hearing at a Behavioral Health Board (BHB) meeting. After revisions, the BHB recommended moving this item to the BOS to accept for submission to DHCS and MHSOAC - action requested - ACCEPT FOR INFORMATION. 3.05* Registry of Physician Specialists - Registry of Physician Specialists (RPS) is a California based locum tenens medical corporation that was created in 1988, and provides primary care, specialty medical and mental health practitioners to primary care facilities, community clinics, hospitals, nursing centers and corrections facilities throughout the United States. Approval is requested for an agreement with RPS for psychiatric services. RPS was one of several successful candidates of Behavioral Health's Request for Qualifications for psychiatric services. The financial obligation under this agreement shall not exceed $250,000. The term of the agreement will begin upon date of execution and will terminate on June 30, 2014 — action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. BOARDOF 3.06* Appointment to Community Action Agency (CAA) of Butte County. Inc. — Supervisor Kirk SUPERVISORS nominates Michelle Porter as District 3 representative to CAA—action requested — MAKE APPOINTMENT. CHIEF 3.07* Resolutions to Thank Community Volunteers for Assistance During the Swedes Fire - Butte ADMINISTRATIVE County would like to acknowledge and thank the Oroville Church of the Nazarene, North OFFICE Valley Animal Disaster Group, Camelot Equestrian Park and the American Red Cross of Northeastern California Chapter for their invaluable assistance to the citizens and animals of Butte County during the Swedes Fire — action requested - ADOPT THE RESOLUTIONS AND AUTHORIZE THE CHAIR TO SIGN. PAGE 3 September 10, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-SEPTEMBER 10,2013 3.08* 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 2012-13 Grand Jury Final Report. Also contained are the responses department heads prepared for the Presiding Judge of the Butte County Superior Court. Attachment A of the staff report contains copies of Elected Department Head responses, and Attachment B contains copies of Appointed 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. 3.09* Exhibit 7 to the Master Subrecipient Agreement with Regional Housing Authority of Sutter and Nevada Counties for Housing Rehabilitation - The State Housing and Community Development Department (HCD) allows jurisdictions to enter into Subrecipient Agreements to execute HCD funded activities on the jurisdiction's behalf. A Subrecipient, per HCD, is a governmental non-profit, private non-profit, or private for-profit agency, which meet certain State guidelines. On September 1, 2007, Butte County entered into a Master Subrecipient Agreement with the Regional Housing Authority of Sutter and Nevada Counties (Housing Authority) to administer the County's Housing Rehabilitation program, which serves low-income households in the unincorporated areas of the County. The County's Housing Rehabilitation Program is funded through existing housing rehabilitation loan payments, housing rehabilitation loan payoffs, and grant funds when available. Exhibit 7 to the Master Subrecipient agreement between the County of Butte and the Housing Authority recommends continuing to utilize the Housing Authority as our housing rehabilitation consultant through June 30, 2014. It is anticipated that during this term no more than $120,000 in loans will be executed utilizing CDBG Program Income. The administrative fee to be paid to the Housing Authority for their services will total 25% of the executed loan value or $30,000 — action requested - APPROVE EXHIBIT 7 AND AUTHORIZE THE CHAIR TO SIGN. CLERK- 3.10* Various Special Districts -Appointment of Nominees in Lieu of Election - Under provisions RECORDER of the Uniform District Election Law, California Elections Code section 10500 et al. requires that a General District Election be held on November 5, 2013, for the purpose of electing Directors to various special district boards, whose term of office expire on December 6, 2013. An election is held when the number of qualified candidates exceeds the number of positions that have terms expiring, or when a petition is filed requesting that an election be held (no petition was filed). In the districts where candidate(s) filed a declaration of candidacy for an office that did not exceed the number of positions to be filled, California Elections Code section 10515 (a), provides that the Board of Supervisors appoint the nominees who filed, rather than requiring an election. Nominees who are appointed will take office at noon on December 6, 2013 for the new term and serve exactly as if elected. The County Clerk-Recorder/Registrar of Voters submits the attached Certificate of Facts-Exhibit A, and requests that the Board appoint the nominees as listed. After the appointment is made, the County Clerk-Recorder/Registrar of Voters will issue the Certificate of Appointment In Lieu of Election and Oath of Office to each appointee - action requested - APPOINT THE NOMINEES LISTED ON THE CERTIFICATE OF FACTS TO THE OFFICE OF DIRECTOR IN THE VARIOUS SPECIAL DISTRICTS. PAGE 4 September 10, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—SEPTEMBER 10,2013 DISTRICT 3.11* Real Estate Fraud Report for Fiscal Year 2012-13 - Pursuant to Government Code §27388, ATTORNEY the District Attorney is to file an annual report with the Board of Supervisors and the State Legislative Analyst's Office regarding the effectiveness of the Real Estate Fraud Investigation and Prosecution Program - action requested - ACCEPT REPORT AS PRESENTED BY THE DISTRICT ATTORNEY'S OFFICE. EMPLOYMENT 3.12* Memorandum of Understanding (MOU) with the Butte County In-Home Supportive AND Services Public Authority (IHSS PA) - Approval is requested for an MOU with the Butte SOCIAL SERVICES County IHSS PA for compliance with additional enrollment requirements for all IHSS providers. These requirements were implemented with the adoption of the California State Budget Act of 2009. Pursuant to State law, new provider applicants must provide fingerprints, submit to a criminal background check by the California Department of Justice and participate in an enrollment orientation regarding IHSS rules and regulations. The term of the MOU is July 1, 2013 through June 30, 2014 with a maximum payable amount not-to-exceed $45,000 — action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. GENERAL 3.13* Surplus Vehicle and Equipment Auction - Prior to auctioning for sale County assets that SERVICES 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 require the Board of Supervisors to declare such equipment surplus. Staff recommends that the Board declare the items listed in the staff report 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. 3.14* Award of Contract to Construct the County of Butte, Oroville Park and Ride Lot - The County of Butte, Oroville Park and Ride lot project will construct two parking lots on County owned property adjacent to the Oroville Veterans Memorial Hall. This project includes storm drainage improvements, 29 regular parking stalls, four (4) accessible parking stalls, landscaping, lighting, bike racks, bike lockers, and other amenities. The Invitation For Bid was published in accordance with Public Contract Code and Federal requirements and included publication on the Public Purchase website providing for electronic notification to a wide range of contractors and contractor's exchanges. The Engineer's estimate for this project totaled $466,000 and a total of four (4) bids were received ranging from a low of$387,776.11 to a high of$573,573. Staff recommends the Board approve the plans and specifications and award the contract in the amount of $387,766.11 to R.J. Heuton Construction of Chico, the lowest responsible bidder. Full hard-copy plans and specifications are available for review at the General Services facility located at 2081 2nd Street in Oroville. This is a federally funded project and no additional appropriation is required - action requested - 1) APPOINT THE GENERAL SERVICES DIRECTOR AS THE OFFICER OF THE PROJECT; 2) APPROVE THE PLANS, SPECIFICATIONS, AND ESTIMATES FOR THE PROJECT; AND 3) AWARD THE CONTRACT TO R. J. HEUTON CONSTRUCTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 5 September 10, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—SEPTEMBER 10,2013 3.15* The Hignell Companies -On behalf of the County of Butte, the Hignell Companies became the property manager of the Southside Oroville Community Center (SOCC) on March 1, 2012. The agreement called for General Services to pay Pacific Gas & Electric (PG&E) charges for three months and for the property manager, on behalf of the County, to pay subsequent PG&E charges out of facility rental revenue. However, with insufficient revenue, Amendment 1 dated October 5, 2012, and Amendment 2 dated March 26, 2013, were executed, and General Services continued to pay the PG&E charges. Net income for FY 2012-2013 is approximately $1,361.80 and staff recommends the approval of Amendment 3 with no end date, utilizing the General Services operating budget for payment of PG&E charges. The average PG&E cost associated with the SOCC is approximately $3,700 per month and no additional appropriation is required — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. HUMAN 3.16* Adoption of 2013-14 Fiscal Year Salary Ordinance -The Department of Human Resources RESOURCES has prepared the Salary Ordinance for FY 2013-14, which includes details on allocated positions, and the salary plans for classified positions and elected and appointed officials. The effective date of the ordinance is September 10, 2013. Further details of the proposed ordinance are included in the staff report — action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. 3.17* Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance for the Behavioral Health Department. All of the following changes will increase the total allocations in the department by two (2) positions and have no fiscal impact on the County General Fund: Behavioral Health: The Behavioral Health Department is requesting the following changes in Budget Unit 541-011: 1) delete one vacant position of Office Specialist, Senior/Office Specialist/Office Assistant; 2) add one position of Medical Records Technician, Senior/Medical Records Technician; 3) delete one vacant position of Behavioral Health Counselor II/Behavioral Health Counselor/Behavioral Health Worker; 4) add two Behavioral Health Clinician III/11/1 positions, one to be effective January 4, 2014; 5) delete one vacant position of Manager, Program Development; and 6) add one position of Program Manager, Clinical Services. These changes will allow the department to standardize their support staff position in the Clinics and fill the need for Clinicians in the Oroville Youth Services clinic to assist with assessments and the Quality Assurance Unit to assist with utilization review, contract monitoring, etc. The addition of the Program Manager, Clinical Services is needed to provide additional clinical oversight and management of the Inpatient Unit. While the funding for these positions are within the current budget, the department expects to cover any increased costs in future years with additional Short Doyle Medi-Cal and Utilization Review funding generated by the Affordable Care Act. PAGE 6 September 10, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-SEPTEMBER 10,2013 In addition, the department is requesting to add one position of Program Manager, Clinical Services to Budget Unit 541-012. This position is needed to provide clinical oversight in the Department's Treatment Drug Programs and the Mental Health Services Act (MHSA) Program.This position will be funded by an increase in Drug Medi-Cal funding generated by the Affordable Care Act which will be addressed on a separate budget adjustment - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. LIBRARY 3.18* Resolution to Proclaim The Yellow Birds as the Book in Common for the County of Butte in 2013-14 -Since 2000, California State University, Chico has sponsored a Book in Common program to engage its students in reading, intellectual engagement, and community dialogue. For 2013-14, Butte County Library and other community partners are collaborating with the University to expand the program throughout Butte County. The 2013-14 selection The Yellow Birds by Kevin Powers is a novel of a soldier's experiences in Iraq based on the author's experiences in the war - action requested - ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.19* Library Advisory Board Annual Report- Each year, the Library Advisory Board prepares an informational report on the state of the Library during the past year for the Board of Supervisors. Submitted for information is the 2012 Library Advisory Board report - action requested -ACCEPT FOR INFORMATION. PROBATION 3.20* Redwood Toxicology Laboratory - Recently, the Probation Department completed a competitive bid process for drug testing services. In reviewing the results, it was determined Redwood Toxicology Laboratory is the best alternative to meet the needs of the department. Approval is requested for a contract with Redwood Toxicology Laboratory for the provision of laboratory drug testing services. The term of the contract is July 1, 2013 through June 30, 2016, and the contract maximum is $330,000 ($110,000 per year) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PUBLIC HEALTH 3.21* Agreement with California Department of Public Health (CDPH) - The Butte County Department of Public Health request approval of an agreement between the CDPH and the County of Butte to provide funding for Butte County's Public Health Emergency Preparedness, Pandemic Influenza and Hospital Preparedness programs. The term of the agreement is July 1, 2013 through June 30, 2014 with a maximum amount payable of $472,848 (department budget utilizing State and Federal grant funds)-action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 7 September 10, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—SEPTEMBER 10,2013 3.22* State of California Office of Traffic Safety (OTS) Grant Agreement No. OP1407 - Approval is requested for a revenue agreement with OTS for an education campaign targeted to parents and guardians of children 0-8 years old who are at risk for injury or death from motor vehicle crashes. The "Kids in Safe Seats" program will provide parents and guardians with research based information on child passenger safety, car seat laws, and safety equipment innovations through car seat classes, community presentations, and car seat fitting stations.The term of the agreement is October 1, 2013 through September 30, 2014 with a maximum amount receivable of$79,800. Public Health requests that$22,895 in additional revenue be recognized and appropriated within its FY 2013-14 budget bringing the total appropriation for this program this fiscal year to $49,108. The remainder of the grant funds will be budgeted for use in FY 2014-15 —action requested — 1) APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND 2) APPROVE BUDGET ADJUSTMENT(4/5 vote required). PUBLIC WORKS 3.23* Budget Adjustments for Various County Service Areas-After the adoption of the FY 2013- 14 Budget, staff from the Public Works and Public Health Departments found a need to adjust budgets of several County Service Areas.These adjustments allow the departments to account for minor changes in unanticipated expenditures and revenues. These are routine budget adjustments that occur during the course of a fiscal year — action requested -APPROVE BUDGET ADJUSTMENTS. (4/5 vote required) 3.24* Lincoln Blvd Sidewalk Improvement Project - County Project No. 18491-2010-1, Federal Project No. HSIPL-5912(087) - It is requested that the Board of Supervisors adopt a resolution authorizing the Director of Public Works to negotiate and enter into agreements for the acquisition of real property, temporary construction easements, and permits to enter and construct improvements for the Lincoln Boulevard Sidewalk Improvement Project from 100 feet south of Arnold Avenue to 50 feet north of Idora Street in Oroville. The proposed project includes constructing curb, gutter, sidewalk, and pavement tie-in improvements along the east side of Lincoln Boulevard along with flashing pedestrian crossings, driver feedback signs, driveway and back of walk conforms, related drainage system improvements, hot mix asphalt pavement overlay, and replacement traffic striping. Most of the construction work will take place in the existing right-of-way with a majority of the newly acquired rights-of-way or temporary construction easements being necessary for driveway conforms, grading conforms, and utility relocations, as applicable. On April 9, 2013,the Board of Supervisors authorized the Director of Public Works to enter into a blanket purchase agreement with Bender Rosenthal Incorporated (BRI) for right-of-way acquisition consulting services. The Board also authorized the Director to execute Task Order No. 1 at a not-to-exceed amount of $304,400 for acquisition services related to the Lincoln Boulevard Sidewalk Improvement Project—action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 8 September 10, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-SEPTEMBER 10,2013 SHERIFF- 3.25* CSU Chico Research Foundation - On behalf of the Sheriff's Office, County Counsel CORONER contracts with CSU Chico Research Foundation for the services of legal research assistants located in the jail law library and available to jail inmates. The FY 2012-13 agreement with CSU Chico Research Foundation had a maximum amount payable of $38,514. The total contract costs for FY 2012-13 were $39,934, thus $1,420 more than the contract term. Sheriff requests to amend the FY 2012-13 agreement in order to pay the remaining balance of $1,420 for legal research assistants services rendered — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. TREASURER-TAX 3.26* Employment Development Department (EDD) - The Treasurer-Tax Collector Department COLLECTOR is renewing its contract with 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. The three-year contract, from July 1, 2013 to June 30, 2016, provides for a maximum expenditure of $5,969.40. In addition to the Board's approval of the contract, EDD requires that the department 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 THE AUDITOR-CONTROLLER. WATERAND 3.27* Drought Task Force Report - In 2004, Butte County adopted the Drought Preparedness RESOURCE and Mitigation Plan (Resolution 04-200). A key element of the Plan was the creation of CONSERVATION the Drought Task Force (DTF). The charge of the Drought Task Force is to monitor hydrologic conditions throughout the water year and report the findings to the Water Commission and the Board of Supervisors biannually, quarterly, or monthly as needed. Since Butte County and much of California experienced a record dry January through May 2013,the DTF met in the spring to discuss local conditions. The DTF met on June 17, 2013 to review hydrologic conditions and drought related issues. The DTF reviewed data on snow-pack, reservoir levels, stream flow, precipitation, climatic conditions, and groundwater levels. Spring 2013 groundwater levels dropped up to eight feet in monitored wells across the County compared to 2012. A number of wells moved from an alert 1 level to alert 2 indicating new historical low conditions in some areas. In June 2013, Butte County had not been declared a drought county by the USDA. However, Butte County and all of California received a drought designation as of August 21, 2013.The DTF decided to hold its next meeting in the Fall. The Butte County Water Commission received the DTF status report at their August 7, 2013 meeting. The DTF Status Report is presented for informational purposes-action requested -ACCEPT FOR INFORMATION. OTHER 3.28* Resolution Recognizing September 2013 as Prostate Cancer Awareness Month - action DEPARTMENTS requested-ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. OR AGENCIES PAGE 9 September 10, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-SEPTEMBER 10,2013 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* 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 California Public Employees' (PERS) Pension Reform Act 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 in which they receive a retirement allowance. It also provides an exemption to this rule with governing body approval in a properly noticed public meeting on a regular agenda calendar (Section 7522.56 (f)(1) Government Code). The Women, Infants and Children (WIC) Program Manager is retiring effective September 27, 2013. It will not be possible to replace this position before WIC is scheduled for a federal audit by the U.S. Department of Agriculture in October. The WIC Program Manager has a very specialized knowledge that will be key during the federal audit. This position will be scheduled lightly, except during the audit, until a new Program Manager can be hired - action requested - APPROVE PERS POST-RETIREMENT EXEMPTION PURSUANT TO SECTION 7522.56 OF THE GOVERNMENT CODE. (Public Health) 4.06* United Public Employees of California, Local 792 Unit Modification Appeal - United Public Employees of California, Local 792 (UPEC), has filed an appeal of the Human Resource Director/Employee Relations Officers' determination regarding the petition filed by UPEC to create a separate "Public Works" or "Skilled Trades" bargaining unit. The Human Resource Director/Employee Relations Officer has denied this petition, and UPEC has requested this matter be brought before the Board of Supervisors for a final determination - action requested - UPHOLD OR OVERTURN THE HUMAN RESOURCE DIRECTOR/EMPLOYEE RELATIONS OFFICER'S DENIAL OF THE PETITION FILED BY UPEC TO CREATE A SEPARATE "PUBLIC WORKS" OR "SKILLED TRADES" BARGAINING UNIT. (Human Resources) PAGE 10 September 10, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-SEPTEMBER 10,2013 4.07* Status Report on the Implementation of the Butte County Regional Economic Development Strategy - Butte County General Plan 2030, adopted by the Board of Supervisors on October 26, 2010, included an Economic Development Element. The Element details the goals, objectives, and action items associated with economic development planning over the next twenty years. Action Items ED.A1.1 calls for the creation of a countywide Economic Development Strategy that identifies key sectors and sites for business expansions and programs to achieve that expansion. To support this action item, on January 25, 2011 the Board of Supervisors approved the Butte County Regional Economic Development Strategy.The strategy provides a three year program of work based around key initiatives including: 1) grow existing businesses; 2) ensure Butte County is a competitive location for new investment; 3) create a sustainable reputation for the county; and 4) improve the coordination of regional economic development resources and efforts. Per the Board's request, staff is providing a status report of the implementation of the Butte County Regional Economic Development Strategy-action requested -ACCEPT FOR INFORMATION. (Administration) 4.08* Resolution in Recognition and Support of the South Feather Water and Power Agency and the Oroville Economic Alliance - The South Feather Water and Power Agency (SWFPA) Board recently approved the allocation of funds toward activities in support of recruitment, branding, and marketing of the Greater Oroville Area. In order to carry out these tasks in a collaborative manner, SFWPA took the lead in forming the Oroville Economic Alliance (the Alliance). The Alliance is a group of voluntary private and public partners that will work to support the concept of economic growth through recruitment, branding, and marketing specific to the manufacturing industry in the Greater Oroville Area. When forming the Alliance, the SFWPA contacted the following organizations: Butte County, City of Oroville, Oroville Chamber of Commerce, and the Oroville Economic Development Corporation. Although there is no formal structure to the Alliance, the SFWPA is interested in a resolution from each agency committing their non-financial support to the Alliance. Actions in support of growth of the manufacturing industry through recruitment, branding and marketing are consistent with the Butte County Regional Economic Development Strategy - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Administration) PAGE 11 September 10, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-SEPTEMBER 10,2013 5.00 PUBLIC HEARINGS AND TIMED ITEMS 9:30 A.M. 5.01* Continued Public Hearing- Butte County Zoning Ordinance and Map Amendments- At this public hearing, the Board of Supervisors will consider for approval two items continued from the August 27, 2013 public hearing held on the Zoning Ordinance and Map Amendments including: 1) Article 6 - Residential Zones - Changes in the Butte Valley area to include new Rural Country Residential and Foothill Country Residential zones in place of the previous Rural Residential and Foothill Residential zones on the Zoning Map and new requirements for Heavy Equipment Storage; and 2)Article 42 -Glossary- Including various definitions and uses for Firewood Storage, Processing and Sales. Additionally, the Board will be following-up on motions of intent to approve nine other items summarized as follows: 1) Article 7 -Commercial and Mixed Use Zones - Changes to permit processes for preexisting vacation in the Jonesville area; 2) Article 7 - Commercial and Mixed Use Zones - Amending the Mixed Use Zone to allow the "Commercial Recreation, Outdoor" use; 3) Article 10 - Section 24-40 Recreation Commercial Overlay Zone - Amending the Recreation Commercial Overlay Zone's application; 4) Article 18 - Clustered Development - Reduction of open space requirements from 50 to 40 percent; 5) Article 25 - Section 24-157 - Alternative Energy Structures - Changes concerning height, setback and type; 6)Article 30 -Site Development Permits- Deletion of Article 30; 7) Minor Amendments concerning Butte County Code Section 41A - Noise Control; 8) Minor Amendments to the Zoning Ordinance; and, 9) Minor Map Corrections. An Addendum to the previously Certified General Plan 2030 Environmental Impact Report (EIR) and Supplemental EIR has been prepared for this project consistent with the requirements of the California Environmental Quality Act -action requested - 1) APPROVE THE AMENDMENTS TO THE ZONING ORDINANCE AS SET FORTH UNDER THE ORDINANCE INCLUDED IN THE STAFF REPORT, ATTACHMENT A, (AS MODIFIED BY THE CHANGES PROVIDED UNDER ATTACHMENT C OF THIS AGENDA REPORT PERTAINING TO AMENDED SECTION 24-173.2, HEAVY EQUIPMENT STORAGE; SECTION 24-304 PERTAINING TO FIREWOOD STORAGE, PROCESSING AND SALES, AND PERTAINING TO THE EIR ADDENDUM); AND 2) ADOPT RESOLUTION APPROVING THE EIR ADDENDUM (ATTACHMENT B) TO THE GENERAL PLAN 2030 EIR AND SUPPLEMENTAL EIR FOR THE ZONING ORDINANCE AMENDMENTS PREPARED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT(CEQA). 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 In-Home Supportive Services Public Authority Board. PAGE 12 September 10, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-SEPTEMBER 10,2013 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AGENDA SEPTEMBER 10, 2013 1.00 CALL TO ORDER-Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. 2.00 CONSENTAGENDA 2.01* Memorandum of Understanding (MOU) with the Department of Employment and Social Services (DESS) - Approval is requested for an MOU with DESS for compliance with enrollment requirements for all IHSS providers. These requirements were implemented with the adoption of the California State Budget Act of 2009. Pursuant to State law, new provider applicants must provide fingerprints, submit to a criminal background check by the California Department of Justice and participate in an enrollment orientation regarding IHSS rules and regulations. The term of the MOU will be July 1, 2013 through June 30, 2014, with a maximum receivable amount not to exceed $45,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.00 REGULAR AGENDA (No Items) 4.00 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 is prohibited from taking actions on any item not listed on the agenda. 5.00 CLOSED SESSION (No Items) ADJOURNMENT Adjourn as the In-Home Supportive Services Public Authority Board and reconvene as the Butte County Board of Supervisors. PAGE 13 September 10, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-SEPTEMBER 10,2013 7.0000 CLOSED SESSION 7.01 PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER 2. BEHAVIORAL HEALTH DIRECTOR 3. CHIEF ADMINISTRATIVE OFFICER 4. CHIEF PROBATION OFFICER 5. CHILD SUPPORT SERVICES DIRECTOR 6. COUNTY COUNSEL 7. DEVELOPMENT SERVICES DIRECTOR 8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR 9. HUMAN RESOURCES DIRECTOR 10. INFORMATION SERVICES DIRECTOR 11. LIBRARY DIRECTOR 12. PUBLIC HEALTH DIRECTOR 13. PUBLIC WORKS DIRECTOR 14.WATER AND RESOURCE CONSERVATION DIRECTOR 7.02 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 7.03 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)-7 CASES A. COUNTY OF BUTTE V. LORIN DOWNING AND SEAIRA BROOKE - BCSC CASE NO: 160070; B. COUNTY OF BUTTE V. RYAN BUCKNER - BCSC CASE NO: 160071; C. COUNTY OF BUTTE V. LLL RANCH LLC- BCSC CASE NO: 160072; D. COUNTY OF BUTTE V. RONALD BRUMFIELD-BCSC CASE NO: 160073; E. COUNTY OF BUTTE V. STEPHEN BURGESS- BCSC CASE NO: 160074; F. COUNTY OF BUTTE V.JOSHUA JACKSON-BCSC CASE NO: 160075; AND G. COUNTY OF BUTTE V. MATTHEW BURGESS-BCSC CASE NO: 160076. 7.04 SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(2) - ONE POTENTIAL CASE. PAGE 14 September 10, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—SEPTEMBER 10,2013 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 The agenda is usually organized into the following areas and meetings generally proceed in the following Meeting Order: 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 PAGE 15 September 10, 2013