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HomeMy WebLinkAboutA102114 BUTTE COUNTY MEMBERS OF THE BOARD BOARD OF SUPERVISORS BILL CONNELLY,DISTRICT 1 LARRY WAHL,DISTRICT 2 REGULAR MEETING AGENDA MAUREEN KIRK,DISTRICT 3 OCTOBER 21, 2014 STEVE LAMBERT,DISTRICT 4 DOUG TEETER,CHAIR,DISTRICT 5 c;n�uHaar�un, MEETING LOCATION BOARD OF SUPERVISOR CHAMBERS PAUL HAHN, 25 COUNTY CENTER DRIVE,SUITE 205 CHIEF ADMINISTRATIVE OFFICER/ OROVILLE,CALIFORNIA 95965-3380 BRUCE ALPERT,COUNTY COUNSEL CLERK OF THE BOARD 1. 9:00 a.m.-Call to Order Pledge of Allegiance Observation of a Moment of Silence 2. Corrections and/or Changes to the Agenda 3. Consent Agenda 3.01* Resolution Honoring Retirement -Veda L. Musler - Resolution in recognition of Veda L. Musler upon her retirement from the Butte County Auditor-Controller's Office after 22 years of service to the citizens of Butte County — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Auditor-Controller) 3.02* Agreement with California Psychiatric Transitions, Inc. - Amendment A - California Psychiatric Transitions, Inc. (CPT) operates mental health rehabilitation centers which provide a structured program to assist clients with the development of skills necessary to transition from supervised care to independent living. Approval is requested to amend the agreement with CPT to provide additional 24-hour mental health rehabilitation center services. The term of this agreement will remain July 1, 2014 through June 30, 2015. The maximum financial obligation under this agreement shall not exceed $81,310 (this is an increase of $30,010 for Fiscal Year (FY) 2014-15) — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) 3.03* District 3 Appointment to the Butte County Mosquito Abatement District (BCMAD) —Supervisor Kirk submits her nomination to reappoint Charles Bird as District 3 Representative to BCMAD to a term to end December 31, 2018—action requested—MAKE APPOINTMENT. (Board of Supervisors) 3.04* Fiscal Year 2014 Homeland Security Grant Program - The Board of Supervisors authorized the Emergency Services Officer to apply for funding under the FY14 Homeland Security Grant Program (HSGP). The Governor's Office of Emergency Services has approved the grant application in the amount of$302,112. The grant funds need to be appropriated for the following purposes: $27,000 - Bomb Suit (capital asset); $25,000 - Mass Casualty Incident Equipment; $21,006 - Stealth Tracking Equipment; $50,000 - Security Update Chico Fire/Police Department; $4,000 - Incident Rehab Equipment; $150,000 - Communications Study; $10,000 - County-Wide Training; $15,106 - Grant Management and Administration - action requested - 1) APPROVE BUDGET ADJUSTMENT (4/5 vote required) ;AND 2)AUTHORIZE THE PURCHASE OF CAPITAL ASSET. (Chief Administrative Office) OCTOBER 21,2014—BOARD OF SUPERVISORS AGENDA PAGE 1 OF 14 3.05* Cash Advance for Housing Rehabilitation Loan Program Activities - On April 28, 2011 the County of Butte entered into a Grant Agreement with the State Department of Housing and Community Development (HCD) for the Disaster Recovery Initiative. The total grant award is $7,393,980 and the activities include housing rehabilitation construction, reimbursement for preparation of the Safety Element of the General Plan, funding for the Local Hazard Mitigation Plan, improvements to Concow Road, and grant administration. On June 24, 2014, Butte County executed an agreement with the HCD for the Home Investment Partnership Program (HOME) to continue the Housing Rehabilitation Loan Program for owner-occupied housing units. The total grant award is$700,000 and the activities include housing rehabilitation. On July 29, 2014 the Board of Supervisors approved a $1,000,000 cash advance from the General Fund for FY 2014-15 to fund rehabilitation activities until reimbursements are received from the State. Due to the large amount of the grants and the requirement to fully complete housing rehabilitation projects before seeking reimbursement from the State, staff recommends increasing the authorized cash advance by $1,000,000 in order to prevent delays to housing rehabilitation and reconstruction projects. The Department requests the Board of Supervisors increase the authorized cash advance by $1,000,000 for a total cash advance of up to $2,000,000 from the General Fund, Support Services Equipment Replacement Fund and Equipment Replacement Fund to the CDBG Fund. The cash advance will allow rehabilitation and reconstruction activities to continue for all Housing Rehabilitation Loan Program participants until reimbursement is received from the State.The cash advance for FY 2014-15 will be paid back by June 30, 2015—action requested—APPROVE CASH ADVANCES FROM THE GENERAL FUND (FUND 0010), SUPPORT SERVICES EQUIPMENT REPLACEMENT FUND (FUND 0043), AND EQUIPMENT REPLACEMENT FUND (FUND 0042) TO THE CDBG FUND (FUND 0142) OF UP TO $2,000,000 COMBINED TOTAL BETWEEN JULY 29, 2014 AND JUNE 30TH, 2015. (Chief Administrative Office) 3.06* Intergovernmental Agency Agreement with Regional Housing Authority of Sutter and Nevada Counties for Housing Services - On September 9, 2014, the Board of Supervisors approved submittal of a Supplemental Activities Request for State Community Development Block Grant (CDBG) Agreement 12-CDBG-8734 to include Housing Rehabilitation for Single Family Homes in the unincorporated area of Butte County as a supplemental activity.The Supplemental Activities Request was approved by CDBG. The Community Development Block Grant is a program of the State Housing and Community Development Department (HCD) and allows jurisdictions to enter into agreements with Subrecipients 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 meets certain State guidelines. An Intergovernmental Agency Agreement is one type of agreement to contractually manage a Subrecipient relationship. Staff recommends approving an Intergovernmental Agency Agreement with the Regional Housing Authority of Sutter and Nevada Counties for administration of the Housing Assistance Services related to CDBG Agreement 12-CDBG- 8734 through September 30, 2017. All activities under the agreement are funded through the CDBG grant — action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office) 3.07* Approval of Minutes - action requested - APPROVE OCTOBER 7, 2014 BOARD OF SUPERVISORS MINUTES. (Chief Administrative Office) OCTOBER 21,2014-BOARD OF SUPERVISORS AGENDA PAGE 2 OF 14 3.08* Agreement for Legal Services Between the County of Butte and Curtis & Vander Ploeg, LLP — Approval is requested for an agreement with Curtis & Vander Ploeg, LLP for services performed relating to general county government, employment law, ethics, conflict of interest and Grand Jury proceedings. This agreement replaces an existing agreement with James Curtis at Shine Compton, APC Law Firm. Fees are as follows: Attorney - $185/hour and Paralegal - $85/hour. The term of the agreement is September 23, 2014 through September 22, 2017 — action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (County Counsel) 3.09* Agreement for Legal Services Between the County of Butte and Griffith & Masuda, A Professional Law Corporation - Request approval of an Agreement for Legal Services between the County of Butte and Griffith & Masuda, A Professional Law Corporation, for services performed relating to State Water Project Table A Water Entitlement, Butte County Well Ordinance, Water Conservation Ordinance AB3030, County Water Resources Plan, Federal Energy Regulatory Commission (FERC) proceedings, and other water related issues, as needed. The fees for service are as follows: Attorney/Shareholder - $220/hour, Attorney/Senior Associate - $210/hour, Public Entity Law Clerk - $80/hour, Paralegal -$80/hour and Law Librarian and Research Assistant-$60/hour.The term of the agreement is November 1, 2014 through June 30, 2017 — action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (County Counsel) 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 2014 Local Agency Biennial Notices and believes them to be proper: Butte Creek Drainage District; Butte County Board of Law Library Trustees; Butte County Parole Board; Butte Water District; First 5 Butte County Children and Families Commission; Gridley-Biggs Cemetery District; Housing Authority of the County of Butte; Kimshew Cemetery District; Oroville Cemetery District; Paradise Cemetery District; Richvale Recreation and Park District; Sacramento River Reclamation District; Thermalito Water and Sewer District — action requested - ACCEPT 2014 LOCAL AGENCY CONFLICT OF INTEREST CODE BIENNIAL NOTICES, DOCUMENTED BY A MINUTE ORDER. (County Counsel) 3.11* Accept Local Agency Conflict of Interest Code Biennial Notices for Agencies that File Form 700s with the Elections Office -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 2014 Local Agency Biennial Notices and believes them to be proper: Butte County Association of Governments; Chico Area Recreation and Park District; Durham Recreation and Park District; EI Medio Fire District; Feather River Recreation and Park; Lake Madrone Water District; Lake Oroville Area Public Utility District; Paradise Recreation and Park District; Richardson Springs Community Services District; Richvale Irrigation District; Richvale Sanitary District; Rock Creek Reclamation District; and Sewerage Commission Oroville Region - action requested - ACCEPT 2014 LOCAL AGENCY CONFLICT OF INTEREST CODE BIENNIAL NOTICES, DOCUMENTED BY A MINUTE ORDER. (County Counsel) 3.12* Accept Local Agency Conflict of Interest Code Biennial Reports for Exempt Agencies - The following districts have reviewed their Conflict of Interest Code exempt status and have determined that the conditions for exemption from compliance with Government Code section 87300 still exist. County Counsel has reviewed the 2014 Local Agency Biennial Reports and believes them to be proper: 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 - ACCEPT 2014 LOCAL AGENCY CONFLICT OF INTEREST CODE BIENNIAL REPORTS (EXEMPT AGENCY), DOCUMENTED BY A MINUTE ORDER. (County Counsel) OCTOBER 21,2014-BOARD OF SUPERVISORS AGENDA PAGE 3 OF 14 3.13* 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 2014 Local Agency Biennial Notices and believes them to be proper: Bangor Union Elementary School District; Biggs Unified School District; Chico Unified School District; Feather Falls School District; Golden Feather Union School District; Gridley Unified School District; Manzanita Elementary School District; Oroville City Elementary School District; Oroville Union High School; Palermo Union School District; Paradise Unified School District; Pioneer Union Elementary School District and Thermalito Union School District - action requested - ACCEPT 2014 LOCAL AGENCY CONFLICT OF INTEREST CODE BIENNIAL NOTICES, DOCUMENTED BY A MINUTE ORDER. (County Counsel) 3.14* Resolution Amending the Butte County Conflict of Interest Code - The Political Reform Act (Gov. Code Sections 81000 et seq.) requires the County to review its Conflict of Interest Code (hereinafter "Code") biennially to determine if the Code is accurate or, alternatively, if the Code needs to be amended. The Code was most recently amended by Resolution No. 12-109 on September 25, 2012. Since that amendment was enacted, positions have been created and deleted through amendments to the County's classification plan and salary ordinance. County Counsel has reviewed the Code, in conjunction with all county department heads, and has been determined changes are necessary. Each of the individuals holding the positions designated in the Code must file an annual Statement of Economic Interest (Form 700) as described in the resolution and attachments. The attachments include: Attachment A entitled Conflict of Interest Code County of Butte; Attachment B which is a revised list of Designated Positions; Attachment C which is a list of Committees and Commissions; Attachment D entitled Disclosure Categories for Designated Positions; and Attachment E entitled Place of Filing Statement of Economic Interests — action requested - ADOPT THE RESOLUTION AMENDING THE BUTTE COUNTY CONFLICT OF INTEREST CODE AND AUTHORIZE THE CHAIR TO SIGN, DOCUMENTED BY A MINUTE ORDER. (County Counsel) 3.15* Approval of Durham Unified School District's Amendment to Conflict of Interest Code and Local Biennial Notice - Pursuant to California Government Code section 87306, Durham Unified School District has reviewed its Conflict of Interest Code and determined it is in need of revision. County Counsel has reviewed the 2014 Local Agency Biennial Notice and the Amendment to Durham Unified School District's Conflict of Interest Code and believes them to be proper — action requested - ACCEPT DURHAM UNIFIED SCHOOL DISTRICT'S AMENDED CONFLICT OF INTEREST CODE AND BIENNIAL NOTICE, DOCUMENTED BY A MINUTE ORDER. (County Counsel) 3.16* Approval of the Butte County Indian Gaming Local Benefit Committee Conflict of Interest Code -The Butte County Indian Gaming Local Benefit Committee has adopted a Conflict of Interest Code which is being submitted for Board approval as the code reviewing body. Included in the staff report are the following documents: Resolution of the Butte County Indian Gaming Local Community Benefit Committee Adopting a Conflict of Interest Code; Appendix A of the Conflict of Interest Code; Written Explanation of Reasons for Designations and Disclosure Responsibilities for the Butte County Indian Gaming Local Community Benefit Committee; Declaration of Posting Public Notice relative to Conflict of Interest Code; Declaration of the Governing Board of the Butte County Indian Gaming Local Community Benefit Committee and Summary of Proceedings; and Letter from Butte County Administration to the Butte County Indian Gaming Local Community Benefit Committee members; Agenda for September 17, 2014 of the Indian Gaming Local Community Benefit Committee; and organizational chart. County Counsel has reviewed the Butte County Indian Gaming Local Community Benefit Committee's Code and believes it to be proper — action requested - APPROVE THE BUTTE COUNTY INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE'S CONFLICT OF INTEREST CODE, DOCUMENTED BY A MINUTE ORDER. (County Counsel) OCTOBER 21,2014-BOARD OF SUPERVISORS AGENDA PAGE 4 OF 14 3.17* Amendment One to Alliance For Workforce Development (AFWD) to Provide Expanded Subsidized Employment - Approval is requested for Amendment One to the agreement with AFWD for the provision of Expanded Subsidized Employment Services to CalWORKs Welfare To Work participants. AFWD develops and administers the Expanded Subsidized Employment program, which provides participants with work experience, employment "soft skills", earned income, and strategies to assist them in transitioning to unsubsidized employment and achieving self-sufficiency. This amendment will allow AFWD to increase the number of placements in the Expanded Subsidized Employment Program. The term of the agreement remains January 1, 2014 through June 30, 2015, with a maximum payable amount of $1,701,822 (FY 2013-14: $240,000 and FY 2014-15: $1,461,822 - an increase of $981,822). The DESS is also requesting a $387,044 FY 2014-15 budget adjustment to accept and appropriate unanticipated state revenue to cover the Expanded Subsidized Employment Program in the current fiscal Year— action requested — 1) APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Employment and Social Services) 3.18* Adoption of the Salary Ordinance for FY 2014-2015 - The Department of Human Resources has prepared the Salary Ordinance for Fiscal Year 2014-15, which includes details on allocated positions, and the salary plans for classified positions and elected and appointed officials. The ordinance is based on Board of Supervisors actions regarding positions and salaries through October 7, 2014. The effective date of the ordinance is October 21, 2014 — action requested - ADOPT THE SALARY ORDINANCE FOR FY 2014-15. (Human Resources) 3.19* Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance for the following departments: Library - The Library is requesting to add one (1) sunset position of Literacy Specialist with a sunset date of June 30, 2015. This position will be a part of an anticipated new project that will involve coordinating family-based special events throughout the County and will involve extensive outreach, working with multiple community partners and fulfilling detailed reporting requirements. This position will not be filled until an agreement for funding is fully executed and the necessary budget adjustment brought to the Board of Supervisors for action. The Board is requested to take action at this time so that the recruiting process can begin, in anticipation of a tight time frame upon funding approval. This change will increase the total allocations in the department by one (1) position and have no fiscal impact on the County General Fund — action requested - ADOPT THE RESOLUTION AMENDING THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.20* Award of Contracts for Janitorial Services at Leased Facilities - The current contracts for janitorial services at leased facilities have been in effect for almost five Years. Request for Proposals, RFP 13- 15 was published on August 28, 2014. Proposals were received from three firms. The proposals were evaluated by representatives from the four departments receiving the services. Based on the evaluations, it is recommended to award not-to-exceed contracts, which include charges for regularly scheduled services (Base Cost) and estimated charges related to as needed services (Optional Cost) as defined in the contracts, as follows: 1) Groups 2 and 3 (BH and PH) - Peerless Building Maintenance: Base cost - $329,436; Estimated optional cost - $3,064; Total Annual Cost - $332,500; and 2) Groups 1, 4 and 5 (DESS, BH, PH and DCSS) - Clean King by DeHart: Base cost - $77,388; Estimated optional cost-$1,612; Total Annual Cost -$79,000. Funding for the contracts is contained within the FY 2014-15 budgets for the Employment and Social Services, Child Support Services, Public Health and Behavioral Health Departments. The contract periods are November 1, 2014 through October 31, 2016 with options to renew for 3 one-year periods - action requested - AWARD THE CONTRACTS (2) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY OCTOBER 21,2014-BOARD OF SUPERVISORS AGENDA PAGE 5 OF 14 COUNSEL AND THE AUDITOR-CONTROLLER. (General Services) 3.21* Resolution Adopting the County of Butte Environmentally Preferable Purchasing Policy and Practices - Butte County must comply with Public Contract Code 12400-12404 (Code) requiring the County to endeavor to procure goods and services that have a lesser impact on the environment when all other factors, including cost, are equal or more favorable to the County. The requirements of the Code have been incorporated into the new Contracts/Procurement Policies and Procedures Manual slated for Board consideration in spring of 2015. However, until the new Manual is approved, the County lacks an Environmentally Preferable Purchasing Policy that is required for the County to be eligible to receive CalRecycle grants for various solid waste programs and Public Works projects. Staff recommends the Board approve the Resolution Adopting the County of Butte Environmentally Preferable Purchasing Policy and Practices—action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 3.22* Lease Origination: 5910 Clark Rd, Suite C, with Signature Services for Occupancy by Behavioral Health - In an effort to improve management oversight and the delivery of services, the Butte County Department of Behavioral Health has been working for several years to consolidate leased office space in the Paradise area into one location at 5910 Clark Road instead of from multiple dispersed locations. Now that 5910 Clark Road, Suite C, has become available, the Department can complete the process with this lease for the Behavioral Health Wellness Center. The lease rate will remain flat at $0.77 per foot for the 1,185 square foot office for the duration of the lease, with a total monthly payment of $912.45, and is consistent with lease payments for space previously occupied by this program. The term of the agreement is November 1, 2014 through October 31, 2017, and includes the option to extend for an additional sixty-month period. Funding for this lease is included in the Department's budget and requires no additional appropriation — action requested - APPROVE THE LEASE AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 3.23* Lease Origination: 1370 Ridgewood Dr. #20, Chico with The Garian Partnership for Occupancy by Probation Department-The Butte County Probation Department, through its Community Counseling center located in Oroville, has been providing a variety of educational programs to address barriers to employment and acceptance. This vocational training offers community service programs, life skills, substance abuse classes, family support and education, all with the goal to reduce recidivism and to assist individuals with their successful transition back into the community. The Department now seeks to expand family support and education services in Chico with additional space in the facility at 1370 Ridgewood Dr. The new lease is for approximately 4,000 square feet of office space, with a rate that will remain fixed at $0.80 per square foot, for a total monthly payment of $3,200 over the 3 year term. The term of the lease is November 1, 2014 through October 31, 2017, and includes the option to extend for an additional sixty-month period. Per the lease, the first 60 days of rent are waived and the County will begin paying rent January 1, 2015. Funding for this lease is included in the FY 2014-15 budget and requires no additional appropriation — action requested - APPROVE THE LEASE AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 3.24* Donation: County Surplus Vehicle to the Oroville Union High School District - The Las Plumas High School, within the Oroville Union High School District, is in need of a vehicle for use within their Automotive and Metal Program for short transportation tasks, as well as for use as a model in learning automotive repair. Staff recommends that the Board consider donating a 1995 Ford F250, Serial #1FTEF25H2SLB27414, from the General Services Department. The vehicle is surplus and is no longer serviceable for County purposes — action requested - APPROVE THE DONATION. (General Services) OCTOBER 21,2014-BOARD OF SUPERVISORS AGENDA PAGE 6 OF 14 3.25* Notice of Completion: RJ Heuton Construction, Inc., Oroville Park and Ride Lot, 2450 Montgomery Street, Oroville, CA - On October 14, 2013, the contract for the construction of two parking lots on County-owned property adjacent to the Oroville Veterans Memorial Hall was awarded to RJ Heuton Construction, Inc., in the amount of $387,776.11. The project includes storm drainage improvements, 29 regular parking stalls, 4 accessible parking stalls, landscaping, lighting, bike racks, bike lockers, and other amenities. Funding was provided through the Congestion Mitigation Air Quality (CMAQ) federal program which has been managed by the California Department of Transportation. In an effort to better accommodate long term needs and necessary design changes, and to capitalize on contractors already on site, a total of 19 change orders were implemented. Approximately 1.8% in change orders, totaling $6,936.10, brought the total construction contract to $394,713.21. The initial construction work failed to meet design quality requirements and the County required the contractor to reconstruct portions of the lot to comply with the required design criteria approved by the State. The contractor has issued Butte County formal notice of a $30,380.70 construction claim to cover the expense of reconstruction, which the County has rejected. At this time, all work has been inspected and approved by General Services. Filing a Notice of Completion will allow staff to complete final audits required by the CMAQ funding source subsequent to the County accepting the project as complete — action requested — 1) RATIFY CONTRACT CHANGE ORDERS NO'S 1-19; 2) ACCEPT THE CONTRACT WORK AS COMPLETE AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND 3) DIRECT STAFF TO FILE THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER. (General Services) 3.26* Fiscal Year 2014-15 Child Health and Disability Prevention and California Children's Services Joint Plan - Each Year, the Public Health Department prepares a Children's Medical Services Plan for submittal to the State. The purpose of the plan is to summarize the overall program activities that will be accomplished within the Child Health and Disability Prevention (CHDP) Program and the California Children's Services Program (CCS). The CHDP program provides for early and periodic health screening of children, adolescents and Young adults. The CCS program provides financial help for medical care and physical/occupational therapy for children who have serious or disabling health problems — action requested — 1) APPROVE SUBMISSION OF THE PLAN TO THE STATE DEPARTMENT OF HEALTH SERVICES;AND 2) AUTHORIZE THE CHAIR TO SIGN PLAN DOCUMENTS. (Public Health) 3.27* Resolution Authorizing the Director of Public Works to Execute Cooperative Work Agreements - When a local agency has not completely expended (liquidated) an encumbrance received through federal and/or state budget authority prior to the date when the funding is programmed to lapse, the agency may apply for a one-time Cooperative Work Agreement (CWA) to extend the time frame that the funding is eligible for reimbursement. This must be done prior to the deadline set by the State Department of Finance (DOF). If local agencies do not apply for a CWA, they are then responsible for submitting their remaining invoices on time or using their own funds to cover the remaining costs once the funds have lapsed. It may also be the local agency's responsibility to reimburse any funding already expended, should the project no longer be pursued. At this time, the DOF is conducting Cycle 11 of the CWA process for acceptance of extension requests prior to October 24, 2014. Two Butte County projects are listed with funding scheduled to lapse on December 31, 2014. Both of these projects, the Oro-Chico Hwy Bike Project, CML-5912(089) and the Bridge Replacement Project on Midway at Butte Creek, BRLS-5912(085), have been delayed for reasons beyond the Public Works Department's control. The department has prepared the necessary CWA submittal required to justify to the DOF that there is critical need to extend the appropriation periods.The resolution approves the CWA application and authorizes the Director of Public Works to sign on behalf of the Board of Supervisors—action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) OCTOBER 21,2014-BOARD OF SUPERVISORS AGENDA PAGE 7 OF 14 3.28* Request by the City of Chico for Consent to an Extra-Territorial Property (Easements) Acquisition for a Storm Drain Bypass Line - The City of Chico recently approached the County requesting an extra- territorial property (easements) acquisition outside their City boundary. The acquisition is needed for the City to construct a storm drain bypass system for the Belvedere Subdivision in the eastern portion of the City. The bypass system will be constructed to the east of Dawcrest Drive and to the south of East 20th Street on property that is in the unincorporated portion of the County. Specific details of the project and the necessary easements are included in the request from the City Public Works Director. State law (Government Code Section 37351) provides for such extra-territorial acquisitions by cities, as is necessary or proper for their municipal services. In this case because the City/County boundary is so close to the existing streets it necessitated the City making this request. The new bypass line will be constructed, owned and maintained by the City and there will not be any County involvement except to grant their request for the extra-territorial acquisition — action requested - APPROVE THE CITY OF CHICO'S ACQUISITION OF EXTRA-TERRITORIAL PROPERTY (EASEMENTS) LOCATED WITHIN BUTTE COUNTY'S JURISDICTION TO ACCOMMODATE THE CONSTRUCTION OF A STORM DRAIN BYPASS FOR THE BELVEDERE SUBDIVISION ON PROPERTY LOCATED ADJACENT TO THE EASTERLY TERMINUS OF EAST 20TH STREET AND DAWNCREST DRIVE IN THE CITY AND DIRECT THE PUBLIC WORKS DIRECTOR TO NOTIFY THE CITY OF CONSENT. (PW) 3.29* Capital Asset Purchase -The Sheriff's Office Evidence Bureau has been utilizing outdated software to manage the property and evidence tracking and location in storage. The Sheriff's Office completed a Request for Proposal (RFP) process in January and only received one response from a company that presented a product that was different to demonstrations staff had observed previously. Last May the Sheriff's Office contacted the company currently providing an evidence tracking system to the Chico Police Department and BINTF. EvidenceOnQ demonstrated their Property and Evidence Management Software Solution to Sheriff's Office staff and it is apparent EvidenceOnQ has a system with an on-going system support that will meet the needs of the Sheriff's Office Evidence Bureau for years to come. After refining available system specifications and working with EvidenceOnQ to design a system and modules most necessary for our application, the total cost of the system is $54,000. Additionally,the Sheriff's office must purchase a dedicated computer server to maintain the massive data file storage required for Property and Evidence Tracking. The estimated cost of the computer server is $12,000. On-going annual software system support is $7,722 which pays for all system updates, 24/7 system support and training — action requested - AUTHORIZE CAPITAL ASSET PURCHASE AND APPROVE BUDGET ADJUSTMENT. (Sheriff) 3.30* Appointments to First 5 Butte County Children and Families Commission — Pursuant to Butte County Ordinance 3853, which established the First 5 Butte County Children and Families Commission (Commission), the Board of Supervisors formally appoints members of the Commission. The Commission recommends the appointment of Talia Scherquist as Commissioner to a term ending June 30, 2015 and Tim Taylor as Alternate Commissioner to a term ending June 30, 2016 — action requested—MAKE APPOINTMENTS. (Other departments or agencies) 4. Regular Agenda 4.01* Boards, Commissions and Committees A. Appointments to Listed Vacancies B. California State Association of Counties Board of Directors - action requested - APPOINT BOARD OF SUPERVISORS REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO ONE YEAR TERMS BEGINNING NOVEMBER 18, 2014. OCTOBER 21,2014-BOARD OF SUPERVISORS AGENDA PAGE 8 OF 14 C. Board Member/Committee Reports and Board Member Comments (Pursuant to CA State law,the Board is prohibited from taking action on any item not listed on the agenda.) 4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. 4.03 Items Removed from the Consent Agenda for Board Consideration and Action. 4.04* 2015 Board of Supervisors Regular Meeting Calendar -Submitted for consideration is the 2015 Board of Supervisors regular meeting calendar. Pursuant to Butte County Code section 2-13, regular Board meetings are held on the second and fourth Tuesday of each month. The Code does allow the Board to alter that schedule by a majority vote. The 2015 calendar has only one meeting in July and December 2015 in order to accommodate vacation and holiday schedules. Other regular meetings in the months of April, May, and September have been proposed on alternate Tuesdays. If additional meetings are required for any reason, the Board's calendar can be amended by a majority vote, or a special meeting can be ordered — action requested - APPROVE 2015 BOARD MEETING CALENDAR. (Chief Administrative Office) 5. Public Hearings and Timed Items 5.01* 9:30 a.m. - Public Hearing - Establish Social Accountability Program (SAP) Diversion Program - The District Attorney's Office is establishing a new misdemeanor diversion program, the Social Accountability Program (SAP), for persons cited on holiday events in Chico for Drunk in Public (Penal Code 647 (f)). Chico is the target for this program because of the number of PC 647(f) citations issued on holiday events. This will be a volunteer program. The diversion program is intended to help the overburdened court with misdemeanor cases and increase accountability for offenders to require them to perform community service and educate them on the dangers of binge drinking. Successful completion of this diversion program will include: 1)the completion of 16 hours of Community Service in Chico, to be certified by Chico; 2) completion of the Social Accountability Class, to be certified by the provider (currently Butte College); and 3) a Certificate of Completion issued by the District Attorney's Office. The estimate of fines and penalties for a misdemeanor PC 647(f) case are approximately $500- 600. Defendants will be motivated to participate in the SAP because fees are less expensive than court fines & penalties, and a conviction would not be entered on their record. Citations for Chico holiday events will no longer be directly filed with the court. The arresting officers would fill out an incident report and District Attorney misdemeanor deputy district attorneys would determine which cases meet the criteria and then be offered the SAP diversion program. It is estimated that this will involve approximately 20-40 offenders per holiday event; 10-20 per arraignment calendar. Participant expenses in SAP would include: $60 DA Administrative Fee; direct fees to City of Chico; fees to the class provider. Fees cover the full cost of the program and have been reviewed by the Administrative Office and determined the calculating conforms with generally accepted accounting practices - action requested - ADOPT THE RESOLUTION AMENDING THE BUTTE COUNTY MASTER FEE SCHEDULE, WITH THE RECOMMENDED FEE CHANGES TO GO INTO EFFECT NOVEMBER 20, 2014 AND AUTHORIZE THE CHAIR TO SIGN. (District Attorney) OCTOBER 21,2014—BOARD OF SUPERVISORS AGENDA PAGE 9 OF 14 5.02* 9:45 a.m. -Timed Item - Refuse, Recyclable Materials, and Green Waste Collection Service Franchise - Introduction of an Ordinance Amending Sections of Chapter 31 of the Butte County Code Entitled "Solid Waste Collection, Management And Recycling"; Introduction of an Ordinance Amending Sections of Chapter 31A of the Butte County Code Entitled "Solid Waste Permit Enforcement And Appeal Independent Hearing Panel"; and Introduction of an Ordinance Deleting Chapter 31B of the Butte County Code Entitled "Chico Urban Area - As part of the strategic plan developed for the Neal Road Recycling and Waste Facility (NRRWF) and previously presented to the Board of Supervisors, staff recommended consideration of waste collection franchise(s) as a component of a revenue plan capable of meeting the funding requirements of the NRRWF and related County waste management programs during the planning period of 2012 - 2020. At its June 24, 2014 meeting, staff provided the Board an update on the process, including the draft franchise agreement and rate setting methodology manual. The Board approved a motion of intent to approve three (3) franchise agreements. Since that meeting, staff has finalized the agreements with the haulers and completed revisions to Butte County Code, Chapter 31, 31A and 31B. Revisions include incorporating Board's authority to award solid waste collection and recycling franchises under the California Public Resources Code, aligning ordinance and franchise agreement to resolve conflicting language, and general updates to definitions and references in the existing ordinance. Haulers have reviewed and agreed to the proposed franchised areas, agreements and rate methodology. Staff worked closely with Administration and County Counsel during the development and review of the franchise agreements. A detailed discussion of the proposed final agreements is presented in the staff report- actions requested - 1) APPROVE FRANCHISE AGREEMENTS WITH WASTE MANAGEMENT, NORTHERN RECYCLING WASTE SERVICES, AND RECOLOGY (WITH ASSOCIATED MOU) AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; 2) APPROVE RATE SETTING METHODOLOGY MANUAL; 3) WAIVE FIRST READING OF AN ORDINANCE AMENDING SECTIONS OF CHAPTER 31 ENTITLED "SOLID WASTE COLLECTION, MANAGEMENT AND RECYCLING", OF THE BUTTE COUNTY CODE; 4) WAIVE FIRST READING OF AN ORDINANCE AMENDING SECTIONS OF CHAPTER 31A ENTITLED "SOLID WASTE PERMIT ENFORCEMENT AND APPEAL INDEPENDENT HEARING PANEL", OF THE BUTTE COUNTY CODE; AND 5) WAIVE FIRST READING OF AN ORDINANCE DELETING CHAPTER 31B ENTITLED "CHICO URBAN AREA", OF THE BUTTE COUNTY CODE. (Public Works) OCTOBER 21,2014-BOARD OF SUPERVISORS AGENDA PAGE 10 OF 14 5.03* 10:30 a.m. —Timed Item - Resolutions Supporting and Making Application to LAFCo for the Annexation of South Oroville Area-A - Currently, the community of South Oroville is outside the City of Oroville in the unincorporated area of Butte County. It is surrounded on three sides by the City of Oroville, and for many years there have been discussions within the community that South Oroville should be annexed into the City. In 2013, a subcommittee of the Board of Supervisors was formed to move forward discussions related to annexing South Oroville. In 2014, a study was completed evaluating the fiscal impacts of annexing two South Oroville areas, "Area-A" and "Area-B". Subsequently, Butte County and the City of Oroville have had ongoing discussions about the annexation of South Oroville "Area-A". On October 7, 2014, the Oroville City Council adopted a resolution of intent directing staff to bring back a resolution of authorization for the initiation of application by the City of Oroville for the annexation of South Oroville "Area-A". On October 21, 2014, the Oroville City Council intends to consider a resolution directing staff to submit an application for annexation of South Oroville "Area-A". Administration recommends the Board of Supervisors adopt a resolution of support for the annexation of South Oroville Area-A and approve a transfer up to $20,000 from the General Fund Contingency to pay the Butte Local Area Formation Commission (LAFCo) fees associated with the City of Oroville's application. If the Oroville City Council does not adopt a resolution authorizing the application, or if an application is not submitted within 30 days of resolution adoption, Administration recommends the Board of Supervisors adopt a second resolution authorizing the Chief Administrative Officer to submit an application for annexation, though typically it is either the city or a landowner that initiates annexation — action requested - 1) FIND THAT THE APPLICATION REQUESTING PROCEEDINGS FOR ANNEXATION IS CATEGORICALLY EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). CEQA EXEMPTION 15319. 2) ADOPT RESOLUTIONS (2) AND AUTHORIZE THE CHAIR TO SIGN; AND 3) APPROVE BUDGET ADJUSTMENT TRANSFERRING APPROPRIATIONS FROM GENERAL FUND CONTINGENCIES. (4/5 vote required) 6. Public Comment (each speaker limited to five minutes) Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board of Supervisors is prohibited from taking action on any item not listed on the agenda. Recess Recess as the Butte County Board of Supervisors and convene as the as the In-Home Supportive Services Public Authority Board. OCTOBER 21,2014-BOARD OF SUPERVISORS AGENDA PAGE 11 OF 14 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AGENDA OCTOBER 21, 2014 1. Call to Order— Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. 2. Consent Agenda (No Items) 3. Regular Agenda (No Items) 4. 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. 5. Closed Session(To be held contemporaneously with the Board of Supervisors closed session) CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATOR: 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. OCTOBER 21,2014—BOARD OF SUPERVISORS AGENDA PAGE 12 OF 14 7. Closed Session 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; CONFIDENTIAL UNIT; PPOA- MANAGEMENT UNIT; NON-REPRESENTED UNIT; SKILLED TRADES UNIT 7.02 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTY APNS: 003-180-020; 003-180-021; 003-180-022; and 005-247-003 AGENCY NEGOTIATOR: GRANT HUNSICKER NEGOTIATIONS: TERMS AND CONDITIONS OF CONVEYANCE 7.03 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 1 CASE: CRIME JUSTICE &AMERICA, INC., AND RAY HRDLICKA V. PERRY L. RENIFF; USDC-EASTERN DISTRICT CASE NO. 08-CV-00343. 7.04 SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(2) - 1 POTENTIAL CASE. OCTOBER 21,2014-BOARD OF SUPERVISORS AGENDA PAGE 13 OF 14 Butte County Department Heads Information and Procedures Concerning the Agenda and Agricultural Board of Supervisors Meetings Commissioner: Richard Price Meeting Information: Assessor*: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are Fred Holland held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. At Auditor-Controller*: the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed Dave Houser 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 on the Clerk of the Board Behavioral Health: website page. Dorian Kittrell Chief Administrative Agenda Information: Officer: The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72 Paul Hahn hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board Chief Probation Officer: website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to explain Steve Bordin each agenda item(excluding documents that are not a public record within the meaning of the Public Records Act) Child Support Services: are available for your review at the County Administrative Office,the Chico,Oroville,and Paradise libraries(please Sharon A Stone 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 Clerk-Recorder-Registrar comprehensive. Additional communications to the Board of Supervisors may have been received but not included of Voters*: in the agenda supporting material. Copies of all communications received by the Board of Supervisors(excluding Candace Grubbs documents that are not a public record within the meaning of the Public Records Act) are available at the County Counsel: Administrative Office upon request. An (*) appearing before an agenda item signifies that material has been Bruce Alpert provided to the Board of Supervisors members to explain that item. Development Services: Agenda Format and Meeting Order: Tim Snellings * The agenda is usually organized into the following areas and meetings generally proceed in the following order: District Attorney 1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the Mike Ramsey Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card(located in the Employment&Social back of the board room)and give it to the Clerk of the Board (sitting to the right of the Board)or,when the Chair Services: asks if there is anything anyone would like to remove from the Consent Agenda, stand and approach the podium Cathi Grams and request the item be removed. The removed items are discussed at the end of the Regular Agenda. Farm,Home&4-H Advisory: 2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items Randall Mutters removed from the Consent Agenda are discussed under this section. Fire Chief: 3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are Greg McFadden 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. General Services: 4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any Grant Hunsicker matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda, Human Resources: but may respond to statements or questions and provide staff direction. Brian Ring 5. Closed Session: the Board is authorized, by law,to meet in a closed session in certain circumstances. This area of Information Systems: the agenda identifies those items that will be discussed during the closed session. Art Robison Public Participation: Library: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow Melanie Lightbody members of the public the opportunity to comment on all matters before the Board. Public participation is limited Public Health: to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. The Cathy Raevsky Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing of these Public Works: policies and procedures can be found in the printed booklet agenda, obtained at the County Administrative Office, Mike Crump or viewed at the Clerk of the Board website. The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with Sheriff-Coroner*: Kory Honea 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 Treasurer-Tax Collector*: for special accommodations and/or alternative format documents must be made 48 hours prior to the meeting. Peggy Moak For further information contact the: Water&Resource Clerk of the Board of Supervisors Conservation: Paul Gosselin County Administrative Office 25 County Center Drive,Suite 200,Oroville,CA 95965 *Elected Official 530-538-7631 OCTOBER 21,2014—BOARD OF SUPERVISORS AGENDA PAGE 14 OF 14