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HomeMy WebLinkAboutA102312BUTTE COUNTY BOARD OF SUPERVISORS AGENDA October 23, 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 23, 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 23, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 23, 2012 9:00 A.M. 1.00 CALL TO ORDER 1.01 Call to Order -Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. 1.02 Pledge of Allegiance to the Flag of the United States of America. 1.03 Observation of a Moment of Silence. 2.00 CORRECTIONS AND/OR CHANGES TO THE AGENDA. 3.00 CONSENT AGENDA BEHAVIORAL 3.01* Resolution RecoEnizinE October 22 -October 28, 2012 as Suicide Prevention Week -action HEALTH requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. DISTRICT 3.02* BudEet Adjustment -The California Department of Insurance (CDI) fraud grant time line ATTORNEY provides notice of grant awards in August. The District Attorney includes an estimated workers' compensation grant budget in the annual county budget and adjusts after award notice. The fiscal year (FY) 2012-13 adopted county budget includes an estimate of $200,000 for workers' compensation fraud. In August 2012, CDI notified an award amount of $108,600. The FY 2011-12 grant has unspent funds of $62,759 which is held in a restricted cash account. The unspent funds were used to fill one vacant investigator position, one vacant extra help investigator position, and for the reassignment of another extra help investigator due to a decreased workers' compensation workload. CDI allowed $39,227 could be retained and added to the first award, resulting in a total FY 2012-13 grant of $147,827 and the remaining unspent amount of $23,532 should be returned to CDI. Budget actions are needed to align the department budget with the grant award and approval to utilize unspent funds -action requested -APPROVE BUDGET ADJUSTM ENT. GENERAL 3.03* Lease OriEination with SiEnature Services for Occupancy of 5910 Clark Road, Suites H/I, SERVICES Paradise -The Butte County Department of Behavioral Health (BCDBH) currently provides Community Counseling services at 5910 Clark Road, Suites H and I in Paradise, under a lease in hold over status. The existing rate runs approximately $.8320687 per square foot for the 2,736 square foot facility, with a total monthly lease payment of $2,276.54. Under the new lease agreement, the rent payment will remain fixed for 36 months at the rate of $0.75 per square foot for a total payment of $2,052 per month saving over $8,000 during the term of this agreement planned to terminate October 31, 2015. Funding for this lease is identified within the approved BCDBH FY 2012-13 budget and requires no additional appropriation -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 2 October 23, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 23, 2012 3.04* Lease OriEination with SiEnature Services for Occupancy 5910 Clark Road, Suite W, Paradise -BCDBH currently provides Community Counseling services through 5910 Clark Road, Suite W, in Paradise, under a lease in hold over status. The existing lease rate runs approximately $.8943558 per square foot for the 2,585 square foot facility, with a total monthly lease payment of $2,311.91. Under the new lease agreement, the rent payment will remain fixed for 36 months at the rate of $0.75 per square foot for a total payment of $1,938.75 per month saving over $13,000 during the term of this agreement planned to terminate October 31, 2015. Funding for this lease is identified within the approved BCDBH FY 2012-13 approved budget and requires no additional appropriation -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.05* Lease Origination with the South Feather Water and Power Agency for Occupancy of the Sunset Hill Communication Site -The Sunset Hill Communication Tower is an integral part of the Butte County Information Systems backbone structure and will continue to be an important link as the County moves forward to comply with the newly mandated Federal Communications Commission (FCC) radio frequency requirements. The current site lease agreement, with a $650 per year lease rate, has expired. The new site lease agreement, with an annual payment of $721, remains well below market and offers a planned termination date of December 31, 2016, with the option to extend for an additional five years. Funding for the lease payment is included in the Information Systems approved FY 2012-13 budget, and no additional appropriation is required -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. HUMAN 3.06* Resolution to Amend the Salary Ordinance -The Department of Human Resources has RESOURCES prepared a resolution to amend the Salary Ordinance for the following departments: Behavioral Health, Public Health, and Human Resources. These changes will increase the total allocations in the County by one term position. Behavioral Health: The department is requesting to delete one (1) vacant position Supervisor, Behavioral Health Counselor and add one (1) position of Supervisor, Mental Health Clinician. This will allow for a licensed supervisor which creates more flexibility and ability to work with the department's licensed staff. These changes will leave the total allocations in the department unchanged and have no fiscal impact on the County General Fund. Public Health: The department is requesting to add one (1) term position of Nutrition Specialist, Senior/Nutrition Specialist with a term date of December 31, 2013. This position is being added to backfill for a position due to a long-term medical leave of absence. The position will be assigned to the Women, Infant Children Program (WIC) and will be 100% federally funded. These changes will increase the total allocations in the department by one (1) term position and have no fiscal impact on the County General Fund. PAGE 3 October 23, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 23, 2012 Human Resources: After much discussion and analysis with the Public Health Department, the Human Resources Department is requesting to change the salary range for the following classifications: Occupational Therapist; Occupational Therapist, Senior; Physical Therapist; Physical Therapist, Senior; Supervisor, Therapist. The salary ranges are detailed in the staff report. All of the classifications listed above are part of the California Children's Services (CCS) Program. CCS is a mandated program which serves disabled children in California. In Butte County we have 800 children who are enrolled in our program, 135 of which receive medically necessary physical (PT) and occupational therapy (OT) through our CCS program. These professional positions are in high demand and command commensurate salaries. Traditionally counties have had difficulty recruiting these professionals because the salaries paid in private therapy practices far exceed the salary ranges in local government. Such is the case in Butte County, where we have not adjusted the salaries since October 2007. OT and PT recruitments have been running continuously for the majority of the time since 2007. Over this period of time, there have been no qualified applicants to make any of the eligibility lists. Approval of this request will be a welcome improvement to the salaries of these critical and mandated positions. These changes will increases costs in the Public Health Department by $50,135 for the current fiscal year, which will be covered within the Department's existing budget. CCS services are funded by a combination of State funding and local Realignment funding. There is no fiscal impact on the County General Fund - action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PUBLIC WORKS 3.07* Authorization to Award Proiect to the Lowest Responsive and Responsible Bidder for the Construction of Module 4, Phase Eat the Neal Road Recycling and Waste Facility (NRRWF), County Protect No. 757-5918 -The Butte County Department of Public Works continues to work on short and long range plans for the NRRWF. The excavation and lining of Module 4, Phase D was completed in 2009 and 2011 respectively. Module 4, Phases A, B, C and D continue to receive waste but may reach capacity in late 2013. Therefore, it is necessary to construct abase-liner expansion within the limits of Module 4. This expansion, Phase E, will provide continued disposal capacity until the final liner expansion within Module 4 is required, estimated in FY 2014-15. The construction of Module 4, Phase E project was authorized for advertisement at the September 11, 2012 Board of Supervisors meeting. Three bids were received and opened on October 9, 2012. The low bidder was R & R Horn Contractors, Inc. of Chico, CA. The department has sufficient fund appropriation in the current fiscal year for this project. There is no impact to the County General Fund. The bid amount from R & R Horn Contractors, Inc. was 24.61% above the engineer's estimate of $559,866. The low bid amount was $720,824. Public Works did receive a protest from Anderson Dragline, Inc., alleging that R & R Horn did not meet the experience requirement contained in the bid documents. Following an investigation by the department, a letter was sent to Anderson Dragline, Inc. denying their protest. A copy of the letter is contained within the staff report -action requested - AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER, R & R HORN CONTRACTORS AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SUBJECT TO REVIEW BY COUNTY COUNSEL. PAGE 4 October 23, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 23, 2012 3.08* Capital Asset Purchase -The Neal Road Recycling and Waste Facility (NRRWF) needs to replace a dozer due to its age. NRRWF proposes to lease-purchase a new dozer that will meet the requirements of the California Air Resources Board requirements. Cost of the new dozer is $678,923, including taxes and 60-month, 7,500 hour extended warranty. Annual lease payments of $117,858 will be budgeted as part of the facility's operating budget. Proceeds from the sale of the surplus asset (dozer #269) will pay for the first year lease for the new dozer -action requested - 1) APPROVE CAPITAL ASSET PURCHASE OF CATERPILLAR D8T; 2) APPROVE ENTERING INTO ALEASE-PURCHASE AGREEMENT WITH JPMORGAN CHASE BANK FOR THE NEW CATERPILLAR D8T; 3) APPROVE SALE OF SURPLUS FIXED ASSET EQUIPMENT # 269; AND 4) APPROVE BUDGET ADJUSTMENT (4/5 vote required). TREASURER 3.09* Treasurer's Investment Report -The Treasurer-Tax Collector submits the Monthly TAX COLLECTOR Investment Report for September 30, 2012, in accordance with the Butte County Statement of Investment Policy dated July 1, 2012 -action requested -ACCEPT FOR INFORMATION. 3.10* RT Lawrence (RTL) Corporation -The RTL Remittance Processing System will interface with the County's Megabyte Property Tax System to electronically cross-reference, research, post and scan tax payments directly into Megabyte at a rate of 3,000 to 6,000 per hour. It will also provide a direct image retrieval link in Megabyte, generate electronic files to be transmitted directly to the bank, look up and validate account information. The RTL system has already been successfully tested and implemented in several other counties, which will significantly reduce Butte County's initial software development costs. The RTL contract includes on-site installation and testing, as well as initial and ongoing staff training. On September 11, 2012, the Board authorized a budget adjustment to purchase this capital asset and afforded the Treasurer-Tax Collector the necessary authority to make the purchase. The total cost of this one year contract is not-to-exceed $47,674.90. The Treasurer-Tax Collector's FY 2012-13 budget includes appropriations for components of a remittance processing system -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 5 October 23, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 23, 2012 WATER AND 3.11* Brown and Caldwell -The County of Butte has been awarded grant funds from the RESOURCE California Department of Water Resources (DWR) through Proposition 50 to conduct the CONSERVATION Lower Tuscan Aquifer Monitoring, Recharge and Data Management Project (the Project). On January 12, 2009, Butte County entered into a contact with Brown and Caldwell to conduct specific tasks associated with the Project for a period that ends on December 31, 2012. In August 2012, Butte County and DWR amended the termination date of the Project from December 31, 2012 to June 30, 2013. The purpose of the no cost contract amendment is to afford ample time for adequate public outreach. The Department of Water and Resource Conservation requests that the contract with Brown and Caldwell be extended from December 31, 2012 to June 1, 2013 -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 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 Items Removed from the Consent Agenda for Board Consideration and Action. 4.04* Reinvestment StrateEy Workshops -The previous ten years have been among the most dynamic in the history of California public finance. Unusually high revenue growth was followed by the largest financial collapse since the Great Depression. The County has since entered into a period of relative stability, and some indicators are suggesting that within a few years we may see better times; a period of slow and steady revenue growth. As the next phase of the recovery begins, it is an opportune time to begin the conversations that will help shape the future. To that end, a series of workshops is being recommended to identify needs, discuss options, and create priorities for reinvesting in the organization. To achieve an orderly, well-thought out process, it is recommended that the Board hold two separate workshops, at minimum, separated by enough time to allow Board members and interested parties to think and reflect on the topics. By taking time to discuss, deliberate, analyze and prioritize, the Board will be creating a pathway to follow with well thought-out choices vetted through open dialogue with interested stakeholders -action requested -APPROVE THE PROCESS TO DISCUSS REINVESTMENT STRATEGIES; DIRECT THE CHIEF ADMINISTRATIVE OFFICER TO SET TWO BOARD WORKSHOPS EARLY IN CALENDAR YEAR 2013. (Administration) PAGE 6 October 23, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 23, 2012 4.05* Williamson Act ProEram Enforcement - LCA11-0002 (APNs 022-040-068 and 073) -This item was continued by the Board of Supervisors to its October 23, 2012 meeting at the request of the property owner. The item consists of County-initiated partial non-renewal of the Elna Schohr (1980) Land Conservation (Williamson) Act contract. Staff and the Williamson Act Advisory Committee have concluded that several parcels within this contract are out of compliance with the County's Williamson Act program. 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; - OR - 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) 4.06* Use Permit UP09-0012 -Universal Life Church of Chico/Robert L. Seals -Use Permit UP09- 0012 (Universal Life Church of Chico/Robert L. Seals; Michael G. Evans, Authorized Agent) was considered at a noticed public hearing on July 31, 2012 as an appeal by the applicant of a May 10, 2012 Planning Commission decision to deny Use Permit UP09-0012. At the July 31, 2012 hearing, the Board of Supervisors adopted a Motion of Intent directing staff to prepare a draft resolution supporting denial of the Use Permit for the October 23, 2012 meeting. Since the July 31, 2012 Board appeal hearing, issues have been raised regarding Butte County's consideration of Use Permit UP09-0012 under requirements of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). Staff has also reviewed comments submitted regarding the Revised Draft Initial Study, Mitigated Negative Declaration and Mitigation Monitoring Plan (Draft IS/MND) prepared for Use Permit UP09-0012. As a result of issues raised regarding the requirements of RLUIPA and the comments received on the Draft IS/MND, staff is recommending that the Board's July 31, 2012 Motion of Intent be vacated and the application remanded for further consideration by the Planning Commission -action requested -STAFF RECOMMENDS THAT THE BOARD OF SUPERVISORS VACATE THE JULY 31, 2012 MOTION OF INTENT REGARDING USE PERMIT UP09-0012 AND REMAND THE APPLICATION TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION. (Development Services) PAGE 7 October 23, 2012 BUTTE COUNTY BOARD OF SUPERVISORS S.OO PUBLIC HEARINGS AND TIMED ITEMS (NO ITEMS) AGENDA -OCTOBER 23, 2012 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. ADJOURNMENT Adjourn as the Butte County Board of Supervisors and reconvene as the In-Home Supportive Services Public Authority Board. PAGE 8 October 23, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 23, 2012 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AGENDA OCTOBER 23, 2012 1.00 CALL TOORDER -Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. 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. 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 (This closed session item will be held contemporaneously with the Board of Supervisors Closed Session) ADJOURNMENT Adjourn as the In-Home Supportive Services Public Authority Board and reconvene as the Butte County Board of Supervisors. PAGE 9 October 23, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 23, 2012 7.00 CLOSED SESSION 7.01 ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a): 3 CASES 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO SUPERIOR COURT CASE NO. 016338; 3. COUNTY OF BUTTE, COUNTY OF PLUMAS v. DEPARTMENT OF WATER RESOURCES, YO LO CO. SUP. CT CASE NO: CV09-1258. (This closed session item will be held contemporaneously with the In-home Supportive Services Closed Session) PAGE 10 October 23, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -OCTOBER 23, 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 11 October 23, 2012