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HomeMy WebLinkAboutA100813 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA October 8, 2013 �► 0 4 0 p 0 0 _ a I I IN 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-OCTOBER 8,2013 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 October 8, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 8,2013 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 AUDITOR 3.01* Appropriation Limit for Fiscal Year (FY) 2013-14 - Request for approval of resolutions confirming Proposition 4 Appropriation Limit calculations for the County of Butte and all special districts under the control of the Board of Supervisors for FY 2013-14 - action requested -ADOPT RESOLUTIONS(2) AND AUTHORIZE THE CHAIR TO SIGN. BEHAVIORAL 3.02* Matthew Davis, M.D. - Matthew Davis, M.D., is a licensed medical doctor who provides HEALTH services in the specialized field of psychiatry as required for youth clients at the Butte County Department of Behavioral Health (BCDBH) Paradise and Chico community counseling centers. Approval is requested for an agreement with Dr. Davis. The term of this agreement will be from October 14, 2013 to June 30, 2014. The maximum financial obligation under this agreement shall not exceed $256,140 (department budget utilizing State Realignment and Federal Medi-Cal revenue) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. 3.03* LocumTenens.com, LLC - LocumTenens is a physician recruiting agency which provides psychiatrists for placement at commercial and government facilities on a short-term basis. Due to the shortage of psychiatrists, Butte County Behavioral Health (BCDBH) uses LocumTenens to supply psychiatrists to work at Chico Adult Outpatient or other BCDBH sites as needed. LocumTenens was one of several successful candidates of BCDBH's competitive solicitation for psychiatric services and approval is requested for an agreement with this company. The financial obligation under this agreement shall not exceed $250,000 (department budget utilizing State Realignment and Federal Medi-Cal revenue). The term of the agreement will begin November 1, 2013 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. BOARD OF 3.04* Appointments to the Southside Oroville Community Advisory Committee — Supervisor SUPERVISORS Connelly submits the following nominations: reappointment of Judy Johnson as community-based organization representative; and appointment of Ron La Gatta as Southside Community representative. Both terms will end January 2, 2017 — action requested—MAKE APPOINTMENTS. PAGE 2 October 8, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 8,2013 CHIEF 3.05* Anderson & Associates - Agreement for Financial System Implementation - The County ADMINISTRATIVE completed a gap analysis and business process review related to the County's current OFFICE financial system in July. The purpose of the evaluation was to determine if the current financial system could meet the County's needs into the future, or if the County would need to solicit for a new enterprise-wide financial system. The results of the evaluation process determined that the current system can meet the County's needs, if the County completes a full implementation of the system as designed, including re-engineering many of the County's business processes to utilize the full functionality of the system where appropriate and practical. Investing in the system the County already has will be more cost effective than starting over and purchasing and implementing a new system, which would cost hundreds of thousands of dollars. The Support Services Coordination Work Team, consisting of the Chief Administrative Officer, Auditor-Controller, Treasurer- Tax Collector, Chief Financial Officer, and the Directors of the Information Systems, General Services and Human Resources Department, recommends that the County enter into an agreement with Mike Carver and Mark Conry, through Anderson & Associates, for project management and business process re-engineering assistance as part of the County's full implementation efforts. The contract is for a not-to-exceed price of$52,800 with an anticipated end date of June 30, 2014. The contract will be funded out of existing appropriations in the Administration Department's budget— action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. 3.06* Granicus, Inc. - Granicus, Inc. is a provider of services that assists local, state and federal agencies become more accessible and transparent to the public through the use of on- line media. Granicus Inc. has a variety of services, which include: the management and storage of unlimited public meeting data, documents, and archived video; the creation and delivery of paperless agendas for Board members using iLegislate° for the iPad; and the live video streaming of Board meetings through the County website. Approval is requested for an amendment to the agreement with Granicus to continue the current services at the same rate. The amendment extends the term of the agreement through June 30, 2015 and increases the maximum amount payable by $55,200.32 (department budget) — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. DEVELOPMENT 3.07* Pacific Municipal Consultants (PMC) - It is requested that the Board of Supervisors SERVICES approve an agreement with PMC to prepare a Housing Element Update for the Butte County General Plan as required by law. The term of the agreement is October 8, 2013 to December 31, 2014 for a not-to-exceed amount of$40,556 (department budget) - action requested -APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. FARM, HOME 3.08* Resolution Recognizing the Centennial Year of California 4-H Youth Development AND 4-H Program -action requested-ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 3 October 8, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 8,2013 GENERAL 3.09* Chico Veterans Memorial Hall Committee - On July 30, 2013 Robert Berry was appointed SERVICES as alternate for the Disabled American Veterans (DAV) to serve on the Chico Veterans Memorial Hall Committee for a term ending June 30, 2014. Unfortunately, Robert Berry is unable to complete the term for which he was appointed. Therefore, the Chico Veterans Memorial Hall Committee on behalf of the Veterans Organizations using the Chico Veterans Memorial Hall, submit the following nomination for appointment to serve on the Chico Veterans Memorial Hall Committee. Disabled American Veterans (DAV), Chapter 125: Hank Snow, Alternate-action requested-MAKE APPOINTMENT. 3.10* Gridley Veterans Memorial Hall Committee - The Gridley Veterans Memorial Hall Committee, on behalf of the Citizen Veterans using the Gridley Veterans Memorial Hall, submit the following nomination for appointment to serve on the Gridley Veterans Memorial Hall Committee for the term ending June 30, 2014. Citizen Veteran:John Kucek, Delegate-action requested- MAKE APPOINTMENT. LIBRARY 3.11* Resolution Acknowledging Donation from Durham Recreation and Park District - In support of the work of the Butte County Library and their various Friends of the Library groups, the Board of the Durham Recreation and Park District waived the deposit and kitchen use fees for the Library's Centennial Celebration on Saturday, November 16th, 2013. This resolution honors and thanks them for this generous donation - action requested -ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.12* Resolution Establishing Library Hours - Per Board of Supervisors direction during FY 2013- 14 budget hearings, the proposed resolution expands library branch hours for the Biggs, Chico, Gridley, Oroville, and Paradise branches effective November 3, 2013. Chico, Gridley, Oroville and Paradise branches will be open Sundays from 1 p.m. to 5 p.m. and the Biggs branch will be open on Saturdays from 10 a.m. to 4 p.m. Funding for the expanded hours was approved by the Board of Supervisors as part of the FY 2013-14 Adopted Budget - action requested - ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PROBATION 3.13* Backgrounds and More - In March, the Probation Department and Sheriff's Office coordinated and completed a competitive bid process for employee background investigations and/or polygraph examination services. Prior to the bid process, Probation used Backgrounds and More for background and polygraph examination services, while the Sheriff used Backgrounds and More for just polygraph services. Vendors considered in the most recent bid process included Backgrounds and More, J. Greg Lewis, Stovall Associates, and Cundiff and Associates. In reviewing the results, it was determined that multiple providers would be used in order to promote flexibility, timely and efficient processing, and reduce overload on a given provider. Since that time, between both departments, contracts have been approved and entered into on a non-exclusive basis with Backgrounds and More, J. Greg Lewis, and Stovall Associates. Cundiff and Associates is the final agreement to be processed among the considered vendors. Approval is requested for a contract with Cundiff and Associates, to provide employee background polygraph examination services. The term of the contract is July 1, 2013 through June 30, 2016, with a maximum payable of$30,000 ($10,000 per year) for Probation, and $75,000 ($25,000 per year) for the Sheriff - action requested - APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 4 October 8, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—OCTOBER 8,2013 PUBLIC HEALTH 3.14* Donation of Port-a-Cribs to Northern Valley Catholic Social Service for Distribution through Home Visitation Program - On September 24, 2013, the Board of Supervisors approved an agreement with Northern Valley Catholic Social Service (NVCSS)to provide a home visitation program for new and expecting mothers in the Paradise and Magalia areas to improve pregnancy outcomes, prevent child abuse and enhance parent child bonding. The Public Health Department currently possesses 46 port-a-cribs, which were purchased with Title V funding for the purpose of providing education and reduction in Sudden Infant Death Syndrome. In previous fiscal years, the department distributed the port-a-cribs through the department's nurse home visiting program. However, due to the reduction in Targeted Case Management funding and concurrent elimination of Public Health's nurse home visiting program, the department desires to donate port-a-cribs to NVCSS to distribute in conjunction with the home visitation program in the Paradise and Magalia areas — action requested - APPROVE DONATION OF 46 PORT-A-CRIBS TO NORTHERN VALLEY CATHOLIC SOCIAL SERVICES. PUBLIC WORKS 3.15* Drake Haglan Associates - On June 14, 2011, the Board of Supervisors approved an agreement with Drake Haglan Associates for preliminary engineering and design services related to the bridge replacement on Oregon Gulch Road across Morris Ravine. This agreement expired on June 30, 2013. It is requested that the term be extended to December 30, 2015 with the maximum payable amount of $129,920 (funded through Federal revenue) This is an increase of $30,000. The contract amendment will cover the work necessitated by an alignment shift required to accommodate larger turn radii on the approach roadway onto and off the proposed structure. This shift has also necessitated the design of a retaining wall system — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. 3.16* Golder Associates, Inc. -The Public Works Department requests approval of an agreement with Golder Associates, Inc. (Golder) to provide compliance monitoring of the Neal Road Recycling and Waste Facility's (NRRWF) landfill gas collection and control system. Golder is contracted with Ameresco Energy to provide well field "tuning" to maximize gas collection for its landfill gas to energy plant. Golder provides this service once per month. Ameresco states that twice a month tuning is optimal. The NRRWF currently contracts with SCS Engineers to provide monitoring of the landfill gas wells once per month to determine compliance with local, state and federal air quality regulations. However, SCS does not make any adjustments to the gas wells. Ameresco desires to maximize gas production and prefers that its consultant, Golder, make those adjustments. The proposed agreement with Golder will allow Golder to monitor and make adjustments to the wells twice per month. If a gas well is found to be out of compliance, it can make adjustments and re-monitor during the next visit. Currently, if a gas well is found to be out of compliance by SCS, staff contacts Ameresco, which then contacts its consultant to make adjustments. NRRWF has to request SCS to perform follow-up re-monitoring at an additional cost. This agreement would result in a savings for re-monitoring services. SCS is under contract with NRRWF for environmental compliance services and will continue to do all compliance reporting. Golder will provide SCS with the monthly monitoring data for the landfill gas wells. SCS will discontinue gas well monitoring, and Golder will provide those services at the same cost. The agreement will expire on December 31, 2015 with the maximum payable amount of $46,450 ($10,800 for FY 2013-14) — action requested - APPROVE AGREEMENT AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR CONTROLLER. PAGE 5 October 8, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—OCTOBER 8,2013 WATER AND 3.17* Response Letter to Butte Environmental Council (BEC) - On September 13, 2013, BEC RESOURCE wrote a letter to the Board of Supervisors asking why the County did not submit a letter CONSERVATION challenging the Thermalito Water & Sewer District water transfer program. On May 7, 2013, the Board of Supervisors directed the Department of Water and Resource Conservation to raise concerns over regional out-of-basin groundwater substitution water transfer programs. Earlier this year,the County submitted letters of concern to districts in the region that were planning to conduct an out-of-basin groundwater substitution water transfer program. The Thermalito Water & Sewer District water transfer program is not an out-of-basin groundwater substitution water transfer program. The Board of Supervisors is requested to approve a letter that addresses the inquiry from BEC— action requested -APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. 3.18* Resolution of Support for Northern Sacramento Valley Integrated Regional Water Management Plan (NSVIRWMP) - In 2006, Butte County entered into a Memorandum of Understanding (MOU) with other counties within the northern Sacramento valley to cooperate and share information on water-related issues that often cross over and between local jurisdictions. Over the years since the original MOU, there have been four addenda to the MOU, which culminated in the counties of Butte, Colusa, Glenn, Tehama, Shasta and Sutter cooperating to form the Northern Sacramento Valley Regional Water Management Group. This group established a governing board (NSV Board) with three appointments by each of the six counties to oversee the completion of the NSVIRWMP. This planning effort was funded through a Prop 84 grant in 2011. The draft plan was approved by the NSV Board on September 9, 2013 and released as the public draft. Action by the Board of Supervisors today would declare support for the NSVIRWMP — action requested -APPROVE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. OTHER 3.19* Resolution Recognizing Domestic Violence Awareness Month —action requested—ADOPT DEPARTMENTS RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Catalyst Domestic Violence Services) AND AGENCIES 4.00 REGULAR AGENDA 4.01* Boards, Commissions and Committees 1. Appointments to Listed Vacancies 2. California State Association of Counties Board of Directors -action requested -APPOINT BOARD OF SUPERVISORS REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO ONE YEAR TERMS BEGINNING NOVEMBER 19, 2013. 3. 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. PAGE 6 October 8, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—OCTOBER 8,2013 4.03* 2014 Board of Supervisors Regular Meeting Calendar - Submitted for consideration is the 2014 Board of Supervisors regular meeting calendar. Pursuant to Butte County Code Section 2-13, regular Board meetings are held the second and fourth Tuesday of each month. The Code does allow the Board to alter that schedule by a majority vote. The proposed calendar has one meeting only scheduled in the months of July and December 2014 in order to accommodate vacation and holiday schedules. Other regular meetings in the months of May, October, and November have been proposed on alternate Tuesdays due to various holidays. If additional meetings are required for any reason, the Board's calendar can be amended or a special meeting can be ordered - action requested - APPROVE THE 2014 REGULAR BOARD MEETING CALENDAR, AMENDING AS NEEDED. 4.04* Resolution Suspending Rental of the Gridley Veterans Memorial Hall - Currently, General Services is responsible for the management of the Butte County Veteran Memorial Halls. In an effort to increase revenue for repairs and maintenance of the Halls, rental policies and procedures were updated in 2003 and rental rates were increased based on a comparative study of local rentals. Success has been mixed, with costs still exceeding benefits, particularly in the Gridley Veterans Memorial Hall. Therefore, and in support of the desires of the Gridley Veterans, staff recommends adoption of a resolution to suspend public rentals and local agency use, and utilize the Gridley Veterans Memorial Hall only for Veteran sponsored events consistent with its original intended use — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 4.05* Area of Origin Settlement (Sacramento County Superior Court Case No: 34-2008-00016338 CU-BC-GDS) - Butte County and three other State Water Project (SWP) contractors (Napa County, Solano County Water Agency, and Yuba City) filed litigation in 2008 against the California Department of Water Resources (DWR) in Sacramento Superior Court seeking interpretation of a provision in our SWP water supply contract that we claimed gave us an "area of origin" preference to water supplies from the SWP. Most of the SWP contractors south of the Delta intervened in the litigation. Mediated settlement discussion started in 2011 and in May 2012 an Agreement in Principle was reached by the parties. A settlement agreement and amendments to the SWP water supply contracts for the four Plaintiff SWP contractors were prepared. To comply with CEQA, DWR circulated a Negative Declaration for the Settlement and adopted the Negative Declaration as the lead agency. The key provisions of the Settlement Agreement for Butte County are as follows: A) Paragraph 2.2 provides for a Butte County allocation for use in its service area at much higher levels than South of Delta allocations which progressively increases to 100% allocation when South of Delta allocation reaches 60%; B) Paragraph 2.3.1 allows Butte County to lease the unused portion of its 27,500 acre feet Table A amount to other SWP contractors which was not previously allowed by DWR; C) Paragraph 2.5 provides, that DWR will help facilitate Butte County in Table A leases with other SWP contractors; D) Paragraph 2.7 sets out that DWR will approve leases with Palmdale Water District and the Westside Districts potentially through 2035. The Settlement Agreement and the right to lease Table A water to Palmdale Water District and the Westside Districts will produce revenue exceeding $2,000,000 per year with yearly increases — action requested — 1) REVIEW NEGATIVE DECLARATION ADOPTED BY DWR AND ADOPT NEGATIVE DECLARATION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT AS A RESPONSIBLE AGENCY; 2) AUTHORIZE CHAIR TO EXECUTE SETTLEMENT AGREEMENT AND RELEASE REGARDING BUTTE COUNTY; AND 3) AUTHORIZE CHAIR TO EXECUTE AMENDMENT TO THE WATER SUPPLY CONTRACT BETWEEN THE STATE OF CALIFORNIA DWR AND BUTTE COUNTY. (County Counsel) PAGE 7 October 8, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—OCTOBER 8,2013 4.06* Lincoln Boulevard Highway Safety Improvement Project-At the September 10, 2013 Board meeting, the Board directed staff to bring back the Lincoln Boulevard Highway Safety Improvement Project for discussion. The project involved the installation of a raised concrete median and various turn pockets on Lincoln Boulevard between the Oroville City limits. The staff report provides background and history on the project and past Board actions -action requested - PROVIDE DIRECTION TO STAFF. (Public Works) 5.00 PUBLIC HEARINGS AND TIMED ITEMS 9:30 A.M. 5.01* Public Hearing - Consideration of Resolution of Formation and Related Documents to Establish the County of Butte Community Facilities District No. 2013-1 (Clean Energy Program) - This hearing is scheduled to take the necessary steps to establish a program and a Community Facilities District (CFD) to finance or refinance the acquisition, installation and improvement of energy efficiency, water conservation and renewable energy improvements (Clean Energy Improvements) to or on real property. This CFD is authorized under the Mello-Roos Community Facilities Act of 1982 as amended by Senate Bill No. 555 (SB 555). This type of program is referred to as Property Assessed Clean Energy (PACE) financing. PACE financing is completely voluntary: only property owners that choose to seek financing through the CFD for energy/water-related improvements to their property and unanimously vote to annex their property into the CFD will be subject to this program. No property will be annexed into the CFD or subject to any part of this property without the express willing unanimous consent of the property owner(s). At this time, the County is only implementing the program for non-residential properties —action requested — 1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; 2) ADOPT COMMUNITY FACILITIES DISTRICT NO. 2013 (CLEAN ENERGY PROGRAM) HEARING REPORT; AND 3)WAIVE FIRST READING OF THE ORDINANCE. (Administration) PAGE 8 October 8, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 8,2013 9:40 A.M. 5.02* Public Hearing -Adoption of Ordinances and Resolution Adding and/or Amending Sections Of Chapter 3 of the Butte County Code Related to Certain Development Impact Fees -The County recently completed a nexus study for various development impact fees with the assistance of consulting firm Urban Economics. As a result of the study, Administration has developed and recommends the adoption of eight (8) ordinances that will: 1) Change the fee charged for certain public facility categories, thereby lowering the total fee paid by citizens; 2) Consolidate fees for certain public facility types and separate fees for others; and 3) Establish a new fee for a facility type not included in the previous impact fee study. The existing development impact fee ordinances contain the fee amounts for the facility type that they pertain to. The ordinances presented for consideration by the Board reference a resolution that contains a schedule of fee amounts by facility category,thereby beginning the migration of impact fees to a single impact fee schedule. This resolution is also presented for consideration by the Board. The staff report provides greater detail on the updated study, the changes in the impact fee program, and the changes in the fee amounts. The ordinances and resolution presented do not cover impact fees related to the jail, which are the subject of a separate fee study — action requested — 1) ADOPT THE ORDINANCES (8) AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Administration) 10:00 A.M. 5.03* Public Hearing - Update Master Fee Schedule - Department of Employment and Social Services (DESS) - The Director of DESS recommends implementing a fee for the filing of a petition for the adoption of a child. Responsibility for adoption services was recently transferred from the California Department of Social Services to DESS, and no such fee is currently in effect for Butte County. Family Code Section 8716 permits county adoption agencies to charge a fee of $500 for such filing — action requested - ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Administration/DESS) PAGE 9 October 8, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—OCTOBER 8,2013 10:15 A.M. 5.04* Timed Item -State of California Jail Construction Grant Application and Resolution - Due to impacts of AB109 the Butte County Jail is at maximum capacity. As a result, the Sheriff has had to release significant numbers of inmates to avoid overcrowding. To address this condition the Sheriff's Office, the Chief Administrative Office and County General Services are requesting approval to apply for up to $40 million in state funding through the Adult Jail Capacity Expansion Construction Project under the SB 1022 program. Funding will require the County to contribute a minimum of $4.445 million cash and in-kind match. Cash match includes impact fees, inmate welfare funds, and criminal justice facility construction funds. In-kind includes land value and project management. The proposed project is to construct a standalone facility located adjacent to the existing jail. The new facility would have 168 medium security beds, 32 maximum security beds, and 56 special use beds,for a total of 256 beds. In addition to beds, the project includes program spaces and required housing support space. The Sheriff will repurpose the existing linear jail and two dormitories, which reduces 198 beds. The net result will be a gain of 58 beds. The vacated linear jail space and dormitories will provide future flexibility. The configuration of the space gives it substantial flexibility to be used as programming, recreation, or other space. Future use of this portion of the facility will be dictated by needs, goals, and available funding. It is anticipated that operating costs will increase by about $1 million annually over current operating expenses. Counties throughout the state are applying for these limited funds, which will be awarded based on the counties' ability to demonstrate readiness-to-proceed. Proposals are due to the Board of State and Community Corrections (BSCC) on October 24, 2013 -action requested - 1) APPROVE RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION FOR FUNDING OF THE JAIL PROGRAM AND CAPACITY EXPANSION PROJECT UNDER SB 1022 AND PROVIDING FORTHE REQUIRED ASSURANCES INCLUDING: • APPROVAL OF THE REQUIRED COUNTY CASH MATCH; AND • AUTHORIZATION TO PROCEED WITH THE PROJECT IF FUNDED; AND • APPROVAL OF THE PROJECT DOCUMENTS AND AUTHORIZATION FOR THE CHIEF ADMINISTRATIVE OFFICER TO EXECUTE THE PROJECT DOCUMENTS; AND • AUTHORIZATION FOR THE SHERIFF TO SIGN THE APPLICANT AGREEMENT WHICH IS PART OF THE APPLICATION AND SUBMIT THE SB 1022 APPLICATION TO THE STATE;AND • ASSURANCES THAT THE COUNTY WILL STAFF AND OPERATE A FACILITY CONSTRUCTED UNDER THE SB 1022 PROJECT WITHIN 90 DAYS; AND • CERTIFICATION THAT THE COUNTY WILL NOT LEASE A FACILITY CONSTRUCTED UNDER THE SB 1022 PROJECT FOR A PERIOD OF AT LEAST 10 YEARS. 2) APPROVE RESOLUTION EVIDENCING AUTHORIZATION OF FUNDING SOURCES AND AMOUNTS FOR THE JAIL EXPANSION PROJECT, INCLUDING: • DETAIL OF THE COUNTY'S CASH MATCH;AND • AUTHORIZATION FOR A LOAN OF UP TO $1,370,000 FROM THE SHERIFF AND FIRE FACILITY, VEHICLE AND EQUIPMENT IMPACT FEE ACCOUNTS TO THE JAIL IMPACT FEE ACCOUNT TO BE REPAID WITH INTEREST. 3) APPROVE A BUDGET ADJUSTMENT APPROPRIATING THE COUNTY'S CASH MATCH AS DETAILED IN THE STAFF REPORT(4/5 vote required). (Sheriff/Administration/GS) PAGE 10 October 8, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 8,2013 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. 7.00 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; CONFIDENTIAL UNIT; PPOA- MANAGEMENT UNIT; NON-REPRESENTED UNIT 7.03 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1)- 1 CASE: KAREN NORTH V COUNTY OF BUTTE; WORKERS' COMPENSATION APPEALS BOARD LEGACY CASE NO. ADJ7572267 (CLAIM NUMBER: BUAF-536099) PAGE 11 October 8, 2013 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—OCTOBER 8,2013 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 12 October 8, 2013