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HomeMy WebLinkAboutA100912BUTTE COUNTY BOARD OF SUPERVISORS AGENDA October 9, 2012 . ~.T T . . F . 0 0 o ~ ,.. 0 0 o - o C~ ~ ~l! ~~ County Supervisors Bill Connelly, District 1 Larry Wahl, District 2 Maureen Kirk, District 3 Steve Lambert, District 4 Kim Yamaguchi, District 5 Paul Hahn, Chief Administrative Officer Bruce S. Alpert, County Counsel and Clerk of the Board BUTTE COUNTY BOARD OF SUPERVISORS Butte County Department Heads AGENDA -OCTOBER 9, 2012 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 Phyllis Murdock 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 9, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 9, 2012 1.00 9:00 A.M. -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. 1.04 CORRECTIONS AND/OR CHANGES TO THE AGENDA. 3.00 CONSENT AGENDA AUDITOR- 3.01* Resolutions ConfirminE Proposition 4 Appropriation Limit Calculations for Fiscal Year (FY) CONTROLLER 2012-13 -request to adopt 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 2012-13 -action requested -ADOPT RESOLUTIONS AND AUTHORIZE THE CHAIR TO SIGN. BEHAVIORAL 3.02* Butte County Special Education Local Plan Area (SELPA) -The Butte County Department of HEALTH Behavioral Health (BCDBH) requests approval to renew the Memorandum of Understanding (MOU) with the SELPA. The purpose of this MOU is for BCDBH to be reimbursed for mental health services provided to the SELPA pursuant to Chapter 26.5 of Division 7 of Part 1 of the Government Code. BCDBH will provide educationally-based mental health services to students who are covered by the Individuals With Disabilities Education Improvement Act and those who have been referred by the local education agency (LEA) members of the SELPA. The term of this MOU is July 1, 2012 through June 30, 2013 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.03* Estelita Marquez-Floyd, M.D. - Dr. Marquez-Floyd is a licensed medical doctor, who will provide services in the specialized field of psychiatry as required for adult clients at the BCDBH. BCDBH requests approval to enter into an agreement with Dr. Marquez-Floyd. The term of the agreement will be October 9, 2012 through June 30, 2013. The maximum financial obligation under this contract shall not exceed $114,000 (utilizing state and federal Medi-Cal funds) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 3.04* Capital Asset Purchase -The FY 2012-13 adopted budget for BCDBH contains the purchase of three sedans for a total not to exceed $60,000. BCDBH requests approval to change the language from 3 sedans to the maximum number of vehicles with the previously approved appropriation of $60,000 -action requested -APPROVE CAPITAL ASSET PURCHASE. PAGE 2 October 9, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 9, 2012 CHIEF 3.05* BudEet Adjustment - On February 10, 2010 the County of Butte entered into a grant ADMINISTRATIVE agreement with the State Department of Housing and Community Development for the OFFICE CDBG Housing Rehabilitation Loan Program. The total grant award was $400,000 for Housing Rehabilitation and General Administration. On June 14, 2011, the Board of Supervisors approved a budget adjustment to appropriate funds in FY 2011-12 for grant activities. The County has assisted six homeowners with housing rehabilitation projects through the grant as of July 30, 2012. The CDBG Housing Rehabilitation Loan Program is a multi-year grant and the remaining grants funds, $102,719.47, must be budgeted in FY 2012-13 in order to complete the grant activities. Staff anticipates that the grant activities will be completed by the end of FY 2012-13 -action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote required). 3.06* 2013 Board of Supervisors Regular Meeting Calendar -Submitted for consideration is the 2013 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 2013 in order to accommodate vacation and holiday schedules. Other regular meetings in the months of January, May and November have been proposed on alternate Tuesdays. 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 AND ADOPT 2013 BOARD MEETING CALENDAR. 3.07* Request for Approval for Auditor-Controller to Reissue Time Expired Check - A request has been submitted by Jewel Atchley, a former Butte County employee, for the County to reissue a time expired check from July 2007 that was never cashed. The check was issued on July 5, 2007 in the amount of $472. The warrant number is 1420-954301. Pursuant to Government Code 29802(c), the Board of Supervisors may authorize the Auditor to draw a new warrant in favor of the payee or assignee in the same amount as the original warrant. The Administration Department had verified with the Auditor-Controller's office that the check is time expired and was never cashed or replaced -action requested - AUTHORIZE THE AUDITOR-CONTROLLER TO REISSUE A $472 CHECK JEWEL ATCHLEY TO REPLACE TIME EXPIRED CHECK #1420-954301. CouNTV 3.08* Butte County Air Quality Management District's Amendment to Conflict of Interest Code COUNSEL and Local Biennial Notice 2012 -Butte County Air Quality Management District has reviewed its Conflict of Interest Code and determined that it is in need of revision and has provided an amendment. County Counsel has reviewed the 2012 Local Agency Biennial Notice and amendment to the Butte County Air Quality Management District's Conflict of Interest Code and believes it to be proper -action requested -ACCEPT THE 2012 LOCAL AGENCY BIENNIAL NOTICE FOR BUTTE COUNTY AIR QUALITY MANAGEMENT DISTRICT, DOCUMENTED BY A MINUTE ORDER; AND APPROVE AMENDMENT TO BUTTE COUNTY AIR QUALITY MANAGEMENT DISTRICT'S CONFLICT OF INTEREST CODE. PAGE 3 October 9, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 9, 2012 3.09* Approval of Butte County Resource Conservation District's Amendment to Conflict of Interest Code and Local Biennial Notice 2012 -Butte County Resource Conservation District has reviewed its Conflict of Interest Code and determined that it is in need of revision and has provided an amendment. County Counsel has reviewed the 2012 Local Agency Biennial Notice and amendment to the Butte County Resource Conservation District's Conflict of Interest Code and believes them to be proper -action requested - ACCEPT THE 2012 LOCAL AGENCY BIENNIAL NOTICE FOR BUTTE COUNTY RESOURCE CONSERVATION DISTRICT; AND APPROVE AMENDMENT TO BUTTE COUNTY RESOURCE CONSERVATION DISTRICT'S CONFLICT OF INTEREST CODE, DOCUMENTED BY MINUTE ORDER. 3.10* Accept Local Agency Conflict of Interest Code Biennial Notices for Agencies that File Form 700s with Clerk of the Board -The following districts have reviewed their Conflict of Interest Codes pursuant to California Government Code section 87306.5(b) and have determined that their agency's code is current and in no need of revision. County Counsel has reviewed the 2012 Local Agency Biennial Notices and believes them to be proper: Butte County Housing Authority; Oroville Mosquito Abatement District; Butte County Children and Families Commission; Paradise Cemetery District; Butte Creek Drainage District; Paradise Irrigation District; Durham Mosquito Abatement District; Richvale Recreation and Park District; Gridley-Biggs Cemetery District Sacramento River Reclamation District; Kimshew Cemetery District Thermalito Irrigation District; and Oroville Cemetery District -action requested -ACCEPT THE 2012 LOCAL AGENCY CONFLICT OF INTEREST CODE BIENNIAL NOTICES. 3.11* Accent Local Agencv Conflict of Interest Code Biennial Notices for Agencies that file form 700s with Clerk-Recorder -The following districts have reviewed their Conflict of Interest Codes pursuant to California Government Code section 87306.5(b) and have determined that their agency's code is current and in no need of revision. County Counsel has reviewed the 2012 Local Agency Biennial Notices and believes them to be proper. Berry Creek Community Services District; Buzztail Community Services District; Chico Area Recreation and Park District; Durham Irrigation District; Durham Recreation and Park District; Feather River Recreation and Park District; Lake Madrone Water District; Paradise Recreation and Park District; Reclamation District No. 833; Richardson Springs Community Services District; EI Medio Fire District; Sewerage Commission Oroville Region -action requested -ACCEPT THE 2012 LOCAL AGENCY CONFLICT OF INTEREST CODE BIENNIAL NOTICES. 3.12* Accept Local AEency Exemptions to Conflict of Interest Code Requirement -The following districts have reviewed their Conflict of Interest Codes pursuant to California Government Code section 87306.5 and have determined that the conditions for exemption from Government Code section 87300 still exist. County Counsel has reviewed the 2012 Local Agency Biennial Reports and believes they are proper. Bangor Cemetery District; Drainage District No. 1; Drainage District No. 2; Drainage District No. 100; Drainage District No. 200; Pine Creek Cemetery District; Thompson Flat Cemetery District -action requested - ACCEPTTHE 2012 LOCAL AGENCY EXEMPTIONS. PAGE 4 October 9, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 9, 2012 3.13* Accept Local AEency Conflict of Interest Code Biennial Notices for School Districts that file form 700s with Butte County Office of Education -The following school districts have reviewed their Conflict of Interest Codes pursuant to California Government Code section 87306.5(b) and have determined that their agency's code is current and in no need of revision. County Counsel has reviewed the 2012 Local Agency Biennial Notices and believes them to be proper. Bangor Union Elementary School District; Butte County Office of Education; Gridley Unified School District; Manzanita Elementary School District; Oroville Union High School District; Palermo Union School District; Paradise Unified School District; Thermalito Union School District -action requested -ACCEPT THE 2012 LOCAL AGENCY CONFLICT OF INTEREST CODE BIENNIAL NOTICES. GENERAL 3.14* The Hignell Companies - On February 14, 2012, the Board approved Agreement NF014 SERVICES with the Hignell Companies for property management services to begin March 1, 2012, at the Southside Oroville Community Center (SOCC). Under the terms of the agreement, the County is responsible for payment of PG&E charges until June 1, 2012, at which time, the charges would be paid by the Hignell Companies. Although it was anticipated that all portions of the SOCC could be immediately rented for special events, the facility suffered from deferred maintenance and the kitchen was not able to meet environmental health standards. The condition of the facility required the Hignell Companies to spend over $5,000 in unanticipated maintenance costs and shift management's focus to managing cleanup efforts instead of marketing the SOCC. The result of providing these unanticipated services has been increased costs and insufficient marketing time. Subsequently, the Hignell Companies launched a professional SOCC website and initial discussions with County Economic Development staff have started now that the facility is ready for use. Staff recommends that in exchange for the increased services not included in the original contract, that the Board approve payment of the PG&E bills by the County until February 28, 2013, with an estimated cost of approximately $24,000. Funding for the amendment is contained within the General Services approved FY 2012-13 operating budget 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. 3.15* BudEet Adjustment -County vehicles parked after hours in the 196 Memorial Way and 695 Oleander Avenue facilities in Chico are routinely vandalized at great cost to the County. The affected departments desire to combine resources to construct a secured parking area adjacent to the Public Health Lab on Oleander. General Services will oversee the project, estimated at $51,000, by utilizing multiple funding sources. Approximately $41,800 will come from the FY 2012-13 approved operating budgets with $12,400 from the Assessor's Office, $12,400 from the Agriculture Commissioner's Office and $17,000 from the Public Health Department. The balance of $9,200 consists of existing appropriations in General Services due to savings from the remodel of 196 Memorial Way, which came in under budget. No additional appropriation is necessary -action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote required); AND APPOINT THE GENERAL SERVICES DIRECTOR AS OFFICER OF THE PROJECT. PAGE 5 October 9, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 9, 2012 HUMAN 3.16* Resolution to Amend The Salary Ordinance -The Department of Human Resources has RESOURCES prepared a resolution to amend the Salary Ordinance for the Public Health Department. This change will leave the total County Allocations unchanged. Public Health: The department is requesting to delete one (1) vacant position of Supervisor, Public Health Nutritionist and add one (1) Public Health Nutritionist. The Department has attempted several times to recruit for the Supervisor, Public Health Nutritionist position without much success. In order to meet WIC (Women, Infants, and Children) program requirements, the department must have a registered dietician within the program. By making the requested change, the Department hopes to be able to fill the Public Health Nutritionist position. This position requires qualified applicants to be a registered dietician or eligible to get the certification. The WIC program is 100% federally funded, and there are sufficient salary and benefit allocations in the current budget to accommodate this change -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PUBLIC WORKS 3.17* Contract ChanEe Order No. 1 and Notice of Completion for the 2012 Slurry Seal Project - In June 2012, California Pavement Maintenance Company of Sacramento, CA was awarded the 2012 Slurry Seal Project contract in the amount of $221,017.80. In general, the work consisted of the application of slurry seal and micro-surfacing to various Butte County Roads and bicycle paths. The work also included the placement of thermoplastic striping, thermoplastic markings, and reflective pavement markers. All contract work has been completed. Contract Change Order No. 1 is broken down into two parts. The first part of the contract change order increases a contract item to reflect the actual quantity used during construction and the second part decreases several contract items to reflect the actual quantities used during construction. The fiscal impact is an increase in compensation to the contractor of $867.36. There is sufficient funding available through the department budget to cover this change order -action requested -APPROVE CONTRACT CHANGE ORDER NO. 1 AND AUTHORIZE THE CHAIR TO SIGN; AND ACCEPT THE CONTRACT WORK AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION AND AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION. 3.18* Contract Change Order No. 1 and Notice of Completion for the County Center Drive Bus Stop Improvements - In June 2012, Franklin Construction, Inc. of Chico, CA was awarded the County Center Drive Bus Stop Improvement contract in the amount of $120,700. In general, the work consisted of saw cutting and removing the existing asphalt pavement roadway section within the bus stop area, construction of the concrete bus stop pull-outs and tie-in asphalt roadway sections, and other asphalt concrete dig outs and repairs along County Center Drive. All contract work has been completed. Contract Change Order No. 1 is broken down into three parts. Section A of the Contract Change Order is to compensate the contractor for extra work that was performed as directed by Public Works. Sections B and C provide for the increase and decrease of various contract items to reflect the actual quantities used during construction. The fiscal impact is an increase in compensation to the contractor of $8,400.93. There is sufficient funding available through the department budget to cover this change order -action requested -APPROVE CONTRACT CHANGE ORDER NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. ACCEPT THE CONTRACT WORK AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION AND AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION. PAGE 6 October 9, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 9, 2012 3.19* Contract ChanEe Order No. 1 and Notice of Completion for Module 4 Landfill Gas (LFG) Well Installation at the Neal Road RecyclinE and Waste Facility - In June 2012, SCS Field Services of Long Beach, CA was awarded the Module 4 LFG Well Installation contract in the amount of $141,800. In general, the work consisted of boring, installing and completing LFG wells, furnishing and installing wellheads, furnishing, installing and connecting header and lateral piping, pipe anchors and related items, and removing the solid waste that was excavated while installing the wells to an onsite disposal site within the limits of Module 4. The contract change order increases a contract item to reflect the actual quantity of pipe installed during construction. The fiscal impact is an increase in compensation to the contractor of $6,525. There is sufficient funding available through the department budget to cover this change order -action requested -APPROVE CONTRACT CHANGE ORDER NO. 1 AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION AND AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION. 3.20* Contract Change Order No. 2 for the Retrofit of Ord Ferry Road Bride across Sacramento River - In May 2012, Butte County awarded the Seismic Retrofit of the Ord Ferry Road Bridge Across the Sacramento River contract to Golden State Bridge, Inc. in the amount of $9,094,939. Contract Change Order No. 2 was written to compensate the contractor for the unanticipated extra work required for the removal of the discovered man-made objects that are buried within the bridge footing retrofit limits as shown on the contract plans. The man-made objects were left in place from the original bridge construction and include steel, lumber and concrete. Extra work performed by the contractor to remove the buried man-made objects has and will continue to be documented on daily extra work reports. Compensation to the contractor will be in accordance with Section 9-1.03, "Force Account Payment" of the CalTrans Standard Specifications. The construction portion of this project is reimbursable through the Federal Highway Bridge Program (HBP) which provides for 88.53% of the funding. Proposition 1B passed in 2006 is supplementing the remaining 11.47% of the project. Funds for this contract change order are included in the projects current finance letter as supplemental work. The fiscal impact is an increase in compensation to the contractor of an estimated amount of $250,000. Actual compensation will be based on extra work performed to remove the unanticipated man- made objects. There is sufficient funding available through the Projects Federal and State grants -action requested -APPROVE CONTRACT CHANGE ORDER NO. 2 AND AUTHORIZE THE CHAIR TO SIGN. 3.21* Contract Change Order No. 3 for the Retrofit of Ord Ferry Road Bride across Sacramento River - In May 2012, Butte County awarded the Seismic Retrofit of the Ord Ferry Road Bridge Across the Sacramento River contract to Golden State Bridge, Inc. in the amount of $9,094,939. Contract Change Order No. 3 compensates the contractor for extra work involved with installing additional construction signs, buoys and lights in the Sacramento River as required by the United States Coast Guard Permit requirements for the project. Compensation to the contractor will be in accordance with Section 9-1.03, "Force Account Payment" of the Caltrans Standard Specifications. The construction portion of this project is reimbursable through the Federal Highway Bridge Program (HBP) which provides 88.53% of the projects funding. Proposition 1B passed in 2006 is supplementing the remaining 11.47% of the project. Funds for this contract change order are included in the current finance letter as supplemental work. The fiscal impact is an increase in compensation to the contractor of an estimated amount of $10,000. There is sufficient funding available through the Projects Grant -action requested -APPROVE CONTRACT CHANGE ORDER NO. 3 AND AUTHORIZE THE CHAIR TO SIGN. PAGE 7 October 9, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 9, 2012 3.22* Contract ChanEe Order No. 4 for the Retrofit of Ord Ferry Road BridEe across Sacramento River - In May 2012, Butte County awarded the Seismic Retrofit of the Ord Ferry Road Bridge Across the Sacramento River contract to Golden State Bridge, Inc. in the amount of $9,094,939. Contract Change Order No. 4 compensates the contractor for the extra work involved with the removal of the existing steel cable restrainer pipes. Contract Change Order No. 4 has an estimated cost of $30,000. Compensation to the contractor will be in accordance with Section 9-1.03, "Force Account Payment" of the Caltrans Standard Specifications. The existing internal restrainer cable pipes were originally assumed to be allowed to stay in place as long as they provided enough tolerance to allow bridge jacking to remove and replace the new bearing pads assemblies. In actuality, there is no tolerance to allow bridge jacking, therefore the contractor needs to remove the restrainer pipes to complete the bridge jacking and bearing pad replacement. The construction portion of this project is reimbursable through the Federal Highway Bridge Program (HBP) which provides 88.53% of the projects funding. Proposition 1B passed in 2006 is supplementing the remaining 11.47% of the project. Funds for this contract change order are included in the current finance letter as supplemental work. The fiscal impact is an increase in compensation to the contractor of $6,525. There is sufficient funding available through the department budget to cover this change order -action requested -APPROVE CONTRACT CHANGE ORDER NO. 4 AND AUTHORIZE THE CHAIR TO SIGN. 3.23* County Service Area (CSA) 14 -Chapman NeiEhborhood LiEhtinE - On June 12, 2012, the Board approved a CSA 14 project to add 17 new street lights on existing PG&E poles in the Chapman area of Chico for total cost of $10,099.26. At the same meeting, the Board also approved the proposal to have PG&E replace 35 existing sodium vapor street lights to LED and convert 22 street light mast arms located at street intersections to six-foot lengths in the same CSA 14 area. The projects scope and costs have now been finalized. PG&E will replace the 35 existing street lights with LED lights and convert the 22 mast arms for a total cost of $32,454.12. The costs for this PG&E project will be paid from the existing available fund balance within CSA 14. There is no impact to the County General Fund - action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote required). 3.24* Waste Recovery West -The Public Works Department is requesting approval of an amendment to its agreement with Waste Recovery West to extend the term of the contract for two years. Waste Recovery West has fulfilled the requirements set forth in the current agreement for recycling of waste tires collected at the Neal Road Recycling & Waste Facility and has voluntarily reduced the charge for recycling waste tires with rims, saving the County a substantial amount of money over the term of the existing contract - action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 8 October 9, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 9, 2012 SHERIFF- 3.25* BudEet Adjustment - In fiscal year 2012, the Sheriff's Office was the recipient of $372,475 CORONER of Indian Gaming Special Distribution Funds (SDF) for three personnel, two vehicles and overtime. Due to hiring difficulties, the Sheriff's Office had a balance of $50,590 of SDF monies at fiscal year end. The Sheriff's Office presented an expenditure plan to request approval of the Indian Gaming Local Community Benefit Committee. At the committee's September 18, 2012 meeting, the Sheriff's expenditure plan was unanimously approved. The approved plan includes: Ballistic vests for SWAT, funds for the Sheriff's K-9 program to include a new dog, funds for the Interagency Bomb Unit and additional overtime funds for the Investigations Unit. All planned uses for the funds comply with SDF regulations for use -action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote required). OTHER 3.26* Resolution Reco~nizin~ October 2012 as Domestic Violence Awareness Month -action DEPARTMENTS requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. AND AGENCIES 3.27* Butte County Public Law Library FY 2011-12 Annual Report -action requested -ACCEPT FOR INFORMATION. 4.00 REGULAR AGENDA 4.01* Boards. Commissions and Committees 1. Appointments to Listed Vacancies 2. Board Member or Committee Reports 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* Report on Alternative Custody ProErams - In October 2011, the Sheriff's Office established the Alternative Custody Supervision (ACS) program to help mitigate the impacts of AB 109 on the Butte County Jail, while at the same time serving the interests of public safety. Shortly after the program was launched, the Sheriff's Office enlisted the aid of Chico State University to study the ACS program and provide the Sheriff's Office with recommendations that could be used to improve the program's efficiency. The team of Chico State professors and criminal justice interns working with the Sheriff's Office to evaluate the ACS program released its initial report at the September 19, 2012, meeting of Butte County's Community Corrections Partnership. The preliminary report indicates that the Sheriff's ACS program is on track and showing promise. The report also makes recommendations for overall improvement of the program, which are being implemented. The Sheriff will provide an update on the ACS program to the Board of Supervisors -action requested -ACCEPT FOR INFORMATION. (Sheriff-Coroner) PAGE 9 October 9, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 9, 2012 4.06* AEreement with Commerce Bank and Resolution AuthorizinE the Auditor-Controller to Represent the County in the Electronic Accounts Payable Payment ProEram -The Auditor's Office solicited for an electronic accounts payable system and received proposals from four of the six local banks that provide such services. Two of the banks provided competitive offers, and the selection committee from the Auditor's Office chose Commerce Bank. The EPayable program is an automated accounts payable system provided by Commerce Bank that will improve the efficiency of the County in paying vendors. In addition to improved efficiency it will also create a secure and safe means to facilitate payments to vendors. Vendors can voluntarily sign up for the program and will pay all costs associated with it. Some of the County's larger vendors already participate in the program. The County is provided revenue sharing based on monthly volume, with anticipated new revenue of $60,000 to $80,000 per year. The term of the agreement is for three years and is effective upon the date of execution. In addition to the agreement with Commerce Bank, the Board is requested to approve the resolution that authorizes the Auditor-Controller to represent the County in the electronic accounts payable payment program, to transfer payables information to Commerce Bank, and to execute all documents necessary to effectuate the program, except for the agreement and associated addendums signed by the Chair. The resolution is required by Commerce Bank -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Auditor-Controller) 4.07* Fund Balance Policy in Accordance with Government AccountinE Standards Board (GASB) Statement No. 54 - It is recommended that the Board of Supervisors adopt the Fund Balance Policy which defines the new fund balance categories in accordance with GASB 54. These changes are intended to enhance how fund balance information is reported and to improve its usefulness by establishing new fund balance classifications that are easier for users to understand and apply. The new standard does not change the actual amount of fund balance reported and does not change the County's day-to-day accounting. The policy has been reviewed by the Finance Work Team and all department heads. The Auditor- Controller believes this Policy meets the requirements of GASB 54 and helps the County maintain a stronger fiscal position to weather negative economic trends, while preserving flexibility to make adjustments in funding for approved programs in connection with the annual budget -action requested -ADOPT THE FUND BALANCE POLICY IN ACCORDANCE WITH GASB STATEMENT NO. 54. (Auditor-Controller) 4.08* Fiscal Year 2011-12 Fourth Quarter Financial Report -The FY 2011-12 Fourth Quarter Financial Report provides economic, expenditure, revenue, cash balance, long-term debt and summary information from the close of last fiscal year. The report includes tables and graphs of historical data to help provide context and demonstrate trends in the economy, expenses, revenues, and balances-ACCEPT FOR INFORMATION. (Administration) PAGE 10 October 9, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 9, 2012 S.OO PUBLIC HEARINGS AND TIMED ITEMS 10:OOA.M. 5.01* Timed Item -Creation of an AEriculture MitiEation Ordinance in accordance with Butte County General Plan 2030 Action AG-A2.1 and AG-A2.2 -Offer of Assistance from Northern California ReEional Land Trust (NCRLT) -The NCRLT, a nonprofit organization that assists landowners and public agencies in the voluntary protection of land and other natural resources, wishes to assist the County in the creation of an Agriculture Mitigation Ordinance pursuant to Butte County General Plan Agriculture Element Action AG-A2.1 and to encourage municipalities in Butte County to adopt similar agriculture mitigation ordinances in accordance with Action AG-A2.2. In March 2011, the NCRLT was awarded a grant to undertake work with local governments and develop an agriculture mitigation ordinance. The NCRLT provides a letter of intent and additional letters of support for this endeavor from the Butte County Farm Bureau and the Butte County Local Agency Formation Commission -action requested -DEVELOPMENT SERVICES REQUESTS BOARD DIRECTION TO WORK WITH THE NCRLT AND OTHER INTERESTED STAKEHOLDERS IN CREATING AN AGRICULTURE MITIGATION ORDINANCE IN ACCORDANCE WITH BUTTE COUNTY GENERAL PLAN AGRICULTURE ELEMENT ACTION AG-A2.1, TO ENCOURAGE MUNICIPALITIES IN BUTTE COUNTY TO ADOPT SIMILAR ORDINANCES PURSUANT TO AGRICULTURE ELEMENT ACTION AG-A2.2, AND TO PROVIDE A DRAFT AGRICULTURE MITIGATION ORDINANCE TO THE BOARD FOR FUTURE CONSIDERATION. (Development Services) 10:15 A.M. 5.02* Timed Item -Williamson Act ProEram Enforcement - LCA11-0007 (APN 026-250-020) -This item consists of the Board's consideration of partial non-renewal of the George R. Chaffin (1968) Land Conservation (Williamson) Act contract. Staff and the Williamson Act Advisory Committee recommend that the County initiate non-renewal of this contract for APN 026- 250-020 under Rule 8.D of the County's Williamson Act program, which provides for the Board of Supervisors to file a Notice of Non-Renewal after consideration of the recommendation of the Williamson Act Advisory Committee. The subject parcel is located on Sunnybrook Lane 0.6 miles east of Lone Tree Road, approximately 1 mile south of the City of Oroville. On June 6, 2011 the Committee recommended non-renewal of the subject parcel to the Board. The recommendation is based on the 1991 sale of the parcel, which does not meet the minimum parcel size requirements of the Williamson Act contract. Under the Rule 7.D of the County's program, such sales trigger the filing of a Notice of Non-Renewal. This action would begin an eight-year wind-down of the contract for this parcel, which would exit the Williamson Act program in 2020 -action requested - DETERMINE THAT APN 026-250-020 IS OUT OF COMPLIANCE WITH THE COUNTY'S WILLIAMSON ACT PROGRAM, BASED ON THE FINDINGS DESCRIBED IN THE STAFF REPORT; AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF PARTIAL NON-RENEWAL. (Development Services) PAGE 11 October 9, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 9, 2012 10:30 A.M. 5.03* Timed Item -Williamson Act ProEram Enforcement - LCA11-0002 (APNs 022-040-068 and - 073 -This item consists of the Board's consideration of County-initiated partial non- renewal of the Elna Schohr (1980) Land Conservation (Williamson) Act contract. Staff and the Williamson Act Committee have concluded that several parcels within this contract are out of compliance with the County's Williamson Act program. The subject parcels are located in southwest Butte County approximately 5.5 miles west of the City of Biggs, on Schohr Ranch Road approximately 1 mile south of Afton Road. Staff requests the Board's direction regarding which of the following two alternatives to implement in order to enforce this contract and the County's Williamson Act program: 1) File a Notice of Partial Non-Renewal of the contract for APNs 022-040-068 and 022-040-073; 2) Work with the property owner to submit a) an application for a land division to separate off the parcel with the residence, or an application for removal of the residence; b) an application for non-renewal of the single-family parcel created by the land division (if any); c) an application for contract rescission and amendment for wildlife habitat for the remainder of the property; and d) applicable fees. Initiate non-renewal if the applicant fails to submit these applications within 90 days -action requested - PROVIDE STAFF DIRECTION REGARDING WHETHER TO IMPLEMENT ALTERNATIVE 1 OR ALTERNATIVE 2. (Development Services) 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 as the Butte County Board of Supervisors and convene as the Thompson Flat Cemetery District Board of Trustees. PAGE 12 October 9, 2012 BUTTE COUNTY BOARD OF SUPERVISORS THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES AGENDA CICTOBER 9. 2012 AGENDA -OCTOBER 9, 2012 1.00 CALL TOORDER -Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. The Board of Trustees is required to convene at least once a quarter pursuant to Health and Safety Code 9029. 2.00 CONSENT AGENDA (No Items) 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 action on any item not listed on the agenda. ADJOURNMENT Adjourn as the Thompson Flat Cemetery District Board of Trustees and convene as the In- Home Supportive Services Public Authority Board. PAGE 13 October 9, 2012 BUTTE COUNTY BOARD OF SUPERVISORS IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AGENDA OCTOBER 9. 2012 AGENDA -OCTOBER 9, 2012 1.00 CALL TOORDER -Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. 2.00 CONSENT AGENDA 2.01* Department of Employment and Social Services (DESS) -Approval is requested for a Memorandum of Understanding (MOU) with the DESS for compliance of 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 Department of Justice and participate in an enrollment orientation regarding rules and regulations. The term of the MOU will be July 1, 2012 through June 30, 2013, with a maximum receivable not to exceed $45,000. The Board of Supervisors approved the MOU at its meeting of September 25, 2012 which was submitted by DESS -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 action on any item not listed on the agenda. 5.00 CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: CATHI GRAMS, JACK HUGHES & BRIAN RING EMPLOYEE ORGANIZATION: CUHW ADJOURNMENT Adjourn as the In-Home Supportive Services Public Authority Board and reconvene as the Butte County Board of Supervisors. PAGE 14 October 9, 2012 BUTTE COUNTY BOARD OF SUPERVISORS 7.00 CLOSED SESSION AGENDA -OCTOBER 9, 2012 7.01 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 7.02 PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT/GOALS PURSUANTTO GOVERNMENT CODE SECTION 54957: PUBLIC HEALTH DIRECTOR PAGE 15 October 9, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 9, 2012 Information and Procedures Concerning the Agenda and Conduct of the Board of Supervisors Meetings Meetine 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. Aeenda 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, a-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. Aeenda Format and The agenda is usually organized into the following areas and meetings generally proceed in the following Meetine Order: order: 1. Consent Aeenda: 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. Reeular Aeenda: 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 Hearine 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, Oroville, CA 95965 530-538-7631 www.buttecounty. net/cob PAGE 16 October 9, 2012