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HomeMy WebLinkAboutA111814 BUTTECOUNTY MEMBERS OF THE BOARD BOARDOFSUPERVISORS BILL CONNELLY, DISTRICT 1 LARRY WAHL, DISTRICT 2 RMA EGULAR EETING GENDA MAUREEN KIRK, DISTRICT 3 N18,2014 STEVE LAMBERT, DISTRICT 4 OVEMBER DOUG TEETER, CHAIR, DISTRICT 5 MEETING LOCATION BOARD OF SUPERVISOR CHAMBERS PAUL HAHN, 25 COUNTY CENTER DRIVE, SUITE 205 CHIEF ADMINISTRATIVE OFFICER/ BRUCE ALPERT, COUNTY COUNSEL OROVILLE, CALIFORNIA 95965-3380 CLERK OF THE BOARD 1.9:00 a.m. - Call to Order Pledge of Allegiance Silence Observation of a Moment of 2.Corrections and/or Changes to the Agenda 3.Consent Agenda 3.01* Resolution Authorizing the Agreement with the State Department of Health Care Service - The State Department of Health Care Services (DHCS) standard agreement provides state and federal funding for a majority of the Department of Behavioral Health's substance use disorder programs. The Butte County Department of Behavioral Health (BCDBH) requests approval from the Board of Supervisors to enter into a revenue agreement with DHCS. The term of this agreement is July 1, 2014 through June 30, 2017. The maximum financial obligation under this multi-year agreement shall not exceed $8,604,696, broken down as follows: $2,868,232 for Fiscal Year (FY) 2014-15; $2,868,232 for FY 2015- 16; and $2,868,232 for FY 2016-17 action requested 1) APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF BEHAVIORAL HEALTH AND THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) 3.02* Agreement with Dignity Health Medical Foundation - Dignity Health Medical Foundation, provides inpatient psychiatric hospitalization services. The State mandates contracting with managed care (BCDBH) began drafting the managed care hospital agreements in April but needed to wait for each hospital for the new fiscal year. Once negotiated, their contract must be fully executed by their respective governing board. The State is notified by the host county of the contracted rates, and all other counties who contract with the hospital utilize those rates per the direction of the state. Due to these requirements, agreements with managed care hospitals are typically approved later in the fiscal year. Approval is requested for an agreement with Dignity Health Medical Foundation to provide inpatient psychiatric services for clients referred by BCDBH. The term of this agreement will be July 1, 2014 through June 30, 2015. The maximum financial obligation under this agreement shall not exceed $350,000 action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) NOVEMBER 18, 2014 BOARD OF SUPERVISORS AGENDAPAGE 1 OF 12 3.03* Agreement with St. Helena Hospital for Behavioral Health - St. Helena Hospital for Behavioral Health provides inpatient psychiatric hospitalization services. The State mandates contracting with managed utilization. Butte County Department of Behavioral Health (BCDBH) began drafting the managed care hospital agreements in April but needed to wait for the new fiscal year. Once negotiated, their contract must be fully executed by their respective governing board. The State is notified by the host county of the contracted rates, and all other counties who contract with the hospital utilize those rates per the direction of the state. Due to these requirements, agreements with managed care hospitals are typically approved later in the fiscal year. Approval is requested for an agreement with St. Helena Hospital for Behavioral Health to provide inpatient psychiatric services for clients referred by BCDBH. The term of this agreement will be July 1, 2014 through June 30, 2015. The maximum financial obligation under this agreement shall not exceed $350,000 action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) 3.04* Agreement with BHC Heritage Oaks Hospital, Inc. - BHC Heritage Oaks Hospital, Inc. provides inpatient psychiatric hospitalization services. The State mandates contracting with managed care (BCDBH) began drafting the managed care hospital agreements in April but needed to wait for each which the hospital exists), to negotiate their rates with the hospital for the new fiscal year. Once negotiated, their contract must be fully executed by their respective governing board. The State is notified by the host county of the contracted rates, and all other counties who contract with the hospital utilize those rates per the direction of the state. Due to these requirements, agreements with managed care hospitals are typically approved later in the fiscal year. Approval is requested for an agreement with BHC Heritage Oaks Hospital to provide inpatient psychiatric services for clients referred by BCDBH. The term of this agreement will be July 1, 2014 through June 30, 2015. The maximum financial obligation under this agreement shall not exceed $600,000 action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) 3.05* Agreement with LocumTenens.com, LLC Amendment 1 - LocumTenens is a physician recruiting agency that provides psychiatrists for placement at commercial and government facilities on a short- term basis. Due to the shortage of psychiatrists, Butte County Behavioral Health (BCDBH) uses LocumTenens to supply psychiatrists to work at BCDBH sites as needed. Approval is requested to amend the agreement with LocumTenens, to increase the contract maximum due to a need of additional services. There are no changes to rates, and the term of this agreement will remain July 1, 2014 through June 30, 2015. The financial obligation under this agreement shall not exceed $550,000 (this is an increase of $300,000) action requested - APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR- CONTROLLER. (Behavioral Health) 3.06* Budget Adjustment and Capital Asset Purchase - Mental Health Services Act Growth Funding - The Mental Health Services Act (MHSA), or Proposition 63, was passed in November 2004 and imposes a 1% income tax on personal incomes exceeding one million dollars. The MHSA increases funding, personnel, and resources for community inspired mental health programs and statewide goals for children, transition age youth, adults, older adults, and families. In August 2014, the Butte County Department of Behavioral Health received annual Mental Health Services Act growth funds in the amount of $1.8 million. Approval is requested to accept $450,000 of this funding into the FY 2014-15 budget for one-time MHSA program specific needs which includes a request for approval to purchase up to fifteen (15) vehicles. The balance of the $1.8 million in growth funds will be held in reserve for future use action requested 1) APPROVE A BUDGET ADJUSTMENT (4/5 vote required); AND 2) APPROVE CAPITAL ASSET PURCHASE OF UP TO 15 VEHICLES. (Behavioral Health) NOVEMBER 18, 2014 BOARD OF SUPERVISORS AGENDAPAGE 2 OF 12 3.07* Agreement with North Valley Behavioral Health - Amendment A - North Valley Behavioral Health (NVBH) operates a licensed 16-bed acute care psychiatric inpatient treatment facility. NVBH provides psychiatric treatment, rapid stabilization, and coordinated discharge planning that encourages wellness and recovery with support from community based services. Approval is requested to amend the agreement with NVBH to provide additional psychiatric inpatient treatment services. There are no changes to rates, and the term of this agreement will remain September 9, 2014 through June 30, 2015. The maximum financial obligation under this agreement shall not exceed $836,550 (this is an increase of $349,800) action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) 3.08* Agreement with Skyway House - Amendment A - Skyway House is a drug rehabilitation facility where persons suffering from chemical dependency can re-establish their lives in a structured, private residential facility. Skyway House specializes in residential, short-term (30 days or less) and residential, long-term (30 days or more) substance abuse treatment programs. Approval is requested to amend the agreement with Skyway House to provide additional residential and alcohol/drug free housing for Butte County clients, as well as decrease the alcohol/drug free housing rate to $16.67 per day effective 10/1/14 (this is a decrease of $15.29 per day). There is no change to the residential rate. The term of this agreement will remain July 1, 2014 through June 30, 2015. The maximum financial obligation under this agreement shall not exceed $55,934.64 (this is an increase of $29,882.50) action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR- CONTROLLER. (Behavioral Health) 3.09* Budget Adjustment - Federal Drug Medi-Cal Funding - In March 2010, the Affordable Care Act was signed into law which expands Federal Medicaid to over 15 million men, women and children. With this expansion, the Butte County Department of Behavioral Health has projected an increase to Federal Drug Medi-Cal funding in FY 2014-15 to newly eligible clients receiving narcotic treatment program (NTP) services via the department's contract with Aegis Treatment Centers, LLC. Approval is requested for a budget adjustment increasing Drug Medi-Cal funding in the amount of $1,077,849 to support the previously approved increase to contract with Aegis Treatment Centers, LLC action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Behavioral Health) 3.10* Agreement with Tri County Treatment - Amendment A - Tri County Treatment is a drug rehabilitation facility where persons suffering from chemical dependency can re-establish their lives in a structured, private live-in facility. Tri County Treatment specializes in residential short-term (30 days or less) and residential long-term (30 days or more) substance abuse treatment programs. Approval is requested to amend the agreement with Tri County Treatment to provide additional residential and alcohol/drug free housing for Butte County clients. There are no changes to rates, and the term of this agreement will remain July 1, 2014 through June 30, 2015. The maximum financial obligation under this agreement shall not exceed $50,800.52 (this is an increase of $16,257.02) action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) NOVEMBER 18, 2014 BOARD OF SUPERVISORS AGENDAPAGE 3 OF 12 3.11* Agreement with Dora-Linda Lau Wang, M.D. - Dr. Dora-Linda Lau Wang is a licensed physician and surgeon experienced in the delivery of psychiatric services through telepsychiatry, whereby clients receive psychiatric services by video-conferencing. Dr. Wang's services will supplement those of other Butte County psychiatrists. Approval is requested for an agreement with Dr. Wang for the provision of telepsychiatric services. The term of this agreement be December 1, 2014 through June 30, 2015. The maximum financial obligation under this agreement shall not exceed $167,400 action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) 3.12* Reappointments to the Oroville Cemetery District request to reappoint Stephen Herr and Mark Wisterman to the Oroville Cemetery District Board of Trustees to terms to end January 1, 2019. (Supervisor Connelly) 3.13* Appointments to the California State Association of Counties (CSAC) - Excess Insurance Authority Board of Directors - The CSAC Excess Insurance Authority (EIA) was formed as a joint powers authority in 1979. It is a member-directed risk sharing pool of counties and other public entities providing risk coverage programs and risk management services. The EIA offers volume discounts and strategic blending of self-insurance and insurance to its member agenc compensation, general liability, property, medical malpractice, employee health and benefits, and many other coverages for public entity exposures. Its services include loss prevention, online training, technology support, legislative review and several cost containment service programs. Member involvement is a critical component to the success of the EIA. Appointees to the EIA Board provide time, expertise and leadership by serving on the Board of Directors and through their active involvement on one or moGreg Iturria, Chief Financial Officer, has been serving as the CountySteve Weston, Manager, Safety and Risk is currently serving as the Alternate Member. Due to the recent vacancy created by the departure of the Chief Financial Officer, it is recommended that Steve Weston, Manager, Safety and Ogonowski, Risk Management Analyst, Senior, be appointed as an Alternate Member action requested - MAKE APPOINTMENTS. (Chief Administrative Office) 3.14* Electronic Records Management Project - In 1995 the Clerk of the Board began implementation of systems and processes that create, convert and store Clerk of the Board information in electronic format. In 1996 the first document imaging system was purchased and historical paper documents were captured as digital images. In 2002 an electronic agenda posting process was developed and agenda 2011, with the adoption of the Granicus system, the paperless agenda process was started. Subsequent to these actions, advancements in technology, changes in applicable law, and adoption of electronic record system standards by the California Secretary of State has resulted in the need for the Clerk of the Board to re-asse and technologies for compliance with the defined standards. In order to ensure complete and transparent preparation and retention history for documents required by statute to be maintained by the Clerk of the Board, which are now being created electronically, Board approval is requested for the actions necessary to ensure records created or stored in electronic format (or processes that have been altered to support electronic records) during the project period have the same guarantees of authenticity, integrity, protection and availability as required by the adopted regulations. These actions will also ensure that the history of these documents is traceable through time by future Clerks of the Board action requested - APPROVE THE PROPOSED RECORDS REVIEW AND REASSESSMENT PROJECT FOR STATUTORY CLERK OF THE BOARD DOCUMENTS. (Chief Administrative Office) NOVEMBER 18, 2014 BOARD OF SUPERVISORS AGENDAPAGE 4 OF 12 3.15* Approval of Minutes - action requested - APPROVE NOVEMBER 4, 2014 BOARD OF SUPERVISORS MINUTES. (Chief Administrative Office) 3.16* Agreement for Legal Services with Shaw Valenza LLP - Request approval of and authorize Chair to sign agreement for legal services with Shaw Valenza LLP for services performed relating to employment training, MOU drafting and interpretation, employment discipline and other legal matters. Fees are as follows: Partner and Of Counsel - $350/hr; Associates - $300/hr; Paralegal - $135/hr; and Investigative Services - $275/hr. The term of this agreement is November 18, 2014 through November 17, 2017 action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (County Counsel) 3.17* Resolution Proclaiming November 2014 as In-Home Supportive Services Home Care Workers Month - The Director of the Department of Employment and Social Services requests that the Board of Supervisors adopt a resolution proclaiming November 2014 as In-Home Supportive Services Home Care Workers Month action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) 3.18* Secure Rural Schools and Community Self-Determination Act of 2000 (Federal Fire Safe Funding) - FY 2014-15 - The Federal Forest Reserve Funds under Title III of the Secure Rural Schools and Community Self-Determination act of 2000 have been extended an additional year. The Board directed that all community input to this process be funneled through the Butte County Fire Safe Council in lieu of forming a Resource Advisory Committee. The Fire Safe Council solicited requests for Title III FY 2014-15 projects by advertisement in local newspapers on July 5, 2014. The application period closed with proposals received by the Fire Safe Council prior to the close of business on August 19, 2014. Following approval by the Fire Safe Council, the recommended list of projects was advertised in the local newspapers initiating a 45-day public comment period on September 6, 2014. During the public comment period, no correspondence was received by the Fire Department prior to the end of the 45-day comment period on October 20, 2014. Funds were received in FY 2013-14 but were re-budgeted in 2014-15. In addition, a master agreement has been developed to contract with the Butte County Fire Safe Council to implement the HR 1424 projects approved by the Board. A copy of the agreement is provided for Board consideration and approval. The amount of available funding for FY 2014-15 will be $28,195. All funds will be administered through the Fire Safe Council action requested - APPROVE THE MASTER AGREEMENT BETWEEN BUTTE COUNTY AND BUTTE COUNTY FIRE SAFE COUNCIL FOR $28,195 FOR THE IMPLEMENTATION OF THE RECOMMENDED FY 2014-15 HR 1424 PROJECTS. (Fire) 3.19* Budget Adjustment for Safety/Security Improvements at Fire Station 72 Palermo - Fire Station 72, located in Palermo, has recently been the subject of break-ins, thefts, vandalism and an assault against a firefighter. The Butte Risk Assessment Team, consisting of representatives from the Administration, District Attorney, General Services and Human Resources Departments, recommends the installation of security fencing, a theft resistant video surveillance system, external lighting and security bars on the windows with an estimated cost of $70,000. Staff recommends the approval of a budget adjustment transferring $70,000 from General Fund Appropriation for Contingencies to the General Services Department to fund the project action requested - APPROVE THE BUDGET ADJUSTMENT INCLUDING A TRANSFER FROM GENERAL FUND APPROPRIATION FOR CONTINGENCIES. (4/5 vote required)(General Services) NOVEMBER 18, 2014 BOARD OF SUPERVISORS AGENDAPAGE 5 OF 12 3.20* Sub-Lease Agreement Origination 205 Mira Loma Dr. Suite 10, Oroville, with Guillon Inc. for Occupancy by DESS - Demand for the Adoption and Eligibility programs provided by the Butte County Department of Employment and Social Services significantly exceeded expectations and the department requires additional office space to accommodate the volume. Tenants in the adjacent 4,389 square foot office, located at 205 Mira Loma, Suite 10 in Oroville, wish to vacate prior to the termination date of their lease with the property owner. The property owner has agreed to terminate the agreement with the existing tenant so that the County can take occupancy. In addition, the County is able to take tenancy without rent while design and construction of tenant improvements are completed and the rate will increase during the course of the agreement to end with the same rate as is currently paid by the Department in the existing space. The rent schedule for the 45.6 month term, planned to terminate October 31, 2018 is: $0.00 per month from January 10, 2015 through May 31, 2015; $4,406.69 per month from June 1, 2015 through June 30, 2016; $5,001.79 from July 1, 2016 through June 30, 2017; and $5,091.77 per month from July 1, 2017 through October 31, 2018 (all numbers are rounded). The total lease amount over the term is $198,776.71 (rounded) action requested - APPROVE THE LEASE AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 3.21* Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance for the following departments: BEHAVIORAL HEALTH: The Behavioral Health Department is requesting to delete one (1) vacant flexibly staffed Office Specialist allocation and add one (1) flexibly staffed Medical Records Technician allocation. This change continues the standardization of the clinic support staff classifications to the Medical Records Technician series. This change will leave the total allocations unchanged 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) 3.22* Acceptance of Grant Award from the First 5 Butte County Children & Families Commission; Approval of budget adjustment - The Library's Literacy Services has received a grant award in the amount of $100,000 administered through the First 5 Butte County Children & Families Commission. The focus of the grant is a project titled 'Music & Movement - Vroom-a-zoom-zoom', which involves Literacy Services coordinating both early learning workshops for parents/educators emphasizing music and movement and also family-based concerts throughout the County. Further, this project will involve extensive outreach as well as working with multiple community partners, including our local Strengthening Families Network. In order to receive the grant funds and coordinate the program, an agreement with the First 5 Butte County Children and Families Commission must be approved, and a budget adjustment must also be approved. The term of the agreement is November 1, 2014 through August 31, 2015 action requested 1) APPROVE A BUDGET ADJUSTMENT (4/5 vote required); AND 2) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Library) NOVEMBER 18, 2014 BOARD OF SUPERVISORS AGENDAPAGE 6 OF 12 3.23* Tonriha Subdivision - 10th Street Housing Project - Tonriha Subdivision, AP 030-132-017, is located on the west side of 10th Street approximately 500 feet south of Feather Avenue in the Thermalito area of Oroville. This project was conditionally approved on June 14, 2007 to divide an 8.77 acre parcel into 28 residential lots. The original developer, Richard Hall, has since relinquished the property. The new owner of the property, Enterprise Rancheria of Maidu Indians of California, with guidance from the Public Works and Development Services Departments, is developing the property for multi-family residences over the entire parcel. The parcel is zoned Medium-High Density which allows for up to 14 units per acre. To record the final map in the future, the developer has the option to build the improvements conforming to the original tentative approved final map. At this time, the developer has complied with a portion of the Conditions of Approval of the map pertaining to the roads and utilities and has constructed these required improvements. Approval of building permits for single family residences on the parcel will require that certain dedications be made on their behalf action requested 1) ACCEPT ON BEHALF OF THE COUNTY OF BUTTE A PORTION OF 10TH STREET AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ACCEPT ON BEHALF OF THE PUBLIC A PUBLIC SERVICE EASEMENT ALONG PARCEL FRONTAGE AND A PUBLIC UTILITY EASEMENT OVER ESTOM WAY AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.24* Approval of Butte Meadows Winter Recreation Grant Program Agreements - For nearly 25 years, the California Department of Parks and Recreation Off-Highway Motor Vehicle Recreation Division has provided funding for the Over-the-Snow Grant Program in the Butte Meadows area for winter recreation within Butte County. From 1990 to 2007, the Butte County Sheriff's Office administered the grant program. In 2007, the Public Works Department took over the grant administration. Approval is requested for a grant agreement with the State for $180,000 covering three fiscal years, 2014-15, 2015-16, and 2016-17. The Butte Meadows Hillsliders Snowmobile Club (Club) has provided the grant program operations, since the program's inception in 1990. The Club handles all operational activities, including the grooming of cross-country ski and snowmobile trails, the plowing of snow from Butte Meadows to the Jonesville staging area along Humboldt Rd, the clearing of snow, fallen trees, and debris along access roads and in the staging area parking lot, and the maintenance of restrooms at the staging area and at the warming hut, which is several trail miles into the Lassen National Forest. All of these winter recreation program operations are performed pursuant to the grant requirements. Approval is requested for an agreement with the Club to provide the services described above for $180,000 covering three fiscal years, 2014-15, 2015-16, and 2016-17. Approval is also requested for a budget adjustment of $500 in General Fund Appropriation for Contingencies to reimburse the Road Fund for grant administration costs action requested 1) APPROVE AGREEMENTS AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 2) APPROVE A BUDGET ADJUSTMENT FROM APPROPRIATION FOR CONTINGENCIES. (4/5 vote required). (Public Works) 3.25* Budget Adjustment for County Service Area 128 (CSA 128) - Wildflower Estates - County Service Area 128 (CSA 128) provides street lighting, drainage, and fire protection services for 30 parcels in the North Chico area. The Butte County Fire Department was notified that a hydrant was leaking at the corner of Garden Brook Drive and Wild Rose Circle. The leak was sufficient enough to require shutting off the fire protection well pump that supplies water to the three hydrants within the CSA until repairs could be made. Public Works entered into an emergency repair contract with M. J. Shelton to repair the fire protection system for the 30 homes within the CSA. The contractor was paid by Pubic Works Road Funds and needs to be reimbursed by the CSA action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Public Works) NOVEMBER 18, 2014 BOARD OF SUPERVISORS AGENDAPAGE 7 OF 12 3.26* Contract Change Order No. 1 and Notice of Completion for 2014 Slurry Seal Project - In May 2014 Windsor Fuel Company of Pittsburg, CA was awarded the 2014 Slurry Seal contract in the amount of $172,320. The project included the following; implementation of traffic controls, preparation of chip seal surfaces as necessary, the application of a Type II Slurry Seal on various County roads in the Thermalito and Oroville Area, application of thermoplastic striping and thermoplastic markings and the installation of reflective pavement markers. Contract Change Order No. 1 increases the engineers estimate by $11,169.84 to reflect the actual quantities of material used during the construction of the project. All contract work has been completed in accordance with the plans and specifications action requested 1) APPROVE CONTRACT CHANGE ORDER NO. 1 AND AUTHORIZE THE CHAIR TO SIGN; and 2) ACCEPT THE CONTRACT WORK AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION AND AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION. (Public Works) 3.27* Contract Change Order No. 3 and Notice of Completion for Concow Road Rehabilitation - In June 2014 Knife River Construction of Chico, CA was awarded the Concow Road Rehabilitation contract in the amount of $1,761,836. The project included the following: implementation of construction traffic controls; removal of existing storm drain pipe and inlets; installation of corrugated metal pipe culvert and inlets; installation of underdrains; pulverizing of the existing roadway; compaction of sub-grade; placement of hot mix asphalt; driveway paving; removal and replacement of metal beam guard railing; and installation of thermoplastic traffic striping and thermoplastic pavement markings over an approximate project length of 7.4 miles. Contract Change Order No. 3 settles extra work claims and increases and decreases the engineers estimate to reflect the actual quantities of material used during the construction of the project decreasing the contract amount by $89,875.75. All contract work has been completed in accordance with the plans and specifications action requested 1) APPROVE CONTRACT CHANGE ORDER NO. 3 AND AUTHORIZE THE CHAIR TO SIGN; and 2) ACCEPT THE CONTRACT WORK AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION AND AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION. (Public Works) 3.28* Purchase Vehicle for Civil Division - The Sheriff's Office Civil Division maintains a fund comprised of fees for civil services. This fund allows the Civil Division to maintain and replace vehicles as necessary. The Sheriff's Office would like to purchase a new fully marked patrol vehicle for the Civil Division. Marked Units cost approximately $42,000 fully equipped to include installation of equipment action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required) AND AUTHORIZE FIXED ASSET PURCHASE. (Sheriff) 3.29* Mortuary Services - Last year, the Sheriff's Office signed five-year agreements with multiple county mortuaries to provide mortuary services to the Sheriff's Office Coroner Bureau. Recently, the Sheriff's Office determined that a change in procedure was necessitated by law. As a result of that change, the Sheriff's Office now retains custody of the decedent's remains for up to 30 days or until the decedent's next-of-kin is located. If the decedent's next-of-kin is not located, custody of the remains is transferred to the Public Guardian. This change has increased the potential reimbursement threshold for county mortuaries to cover their expense to store decedents at their facilities. Each mortuary has a different contract maximum due to location and frequency of use. Contract amendments are: 1) Brusie Funeral Home - Increased contract by $11,408 for a new maximum payable of $141,408 for the term; 2) Paradise Chapel of the Pines - Increased contract by $2,852 for a new maximum payable of $52,852 for the term; 3) Newton Bracewell - Increased contract by $5,704 for a new maximum payable of $90,704 for the term; and 4) Ramsey Funeral Home - Increased contract by $12,834 for a new maximum payable of $162,834 for the term action requested - APPROVE AMENDMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Sheriff) NOVEMBER 18, 2014 BOARD OF SUPERVISORS AGENDAPAGE 8 OF 12 3.30* Forest Advisory Committee (FAC) - Revised Bylaws and Alternate Member Selection - On September 22, 2014, the FAC reviewed and approved three major changes and some non-material changes to the FAC Bylaws, and now submit the changes to the Board of Supervisors for consideration. The recommended changes cover: 1) the Board's selection process for Members and Alternates (there are currently three (3) openings for Alternates); 2) specifying initial terms for Members and Alternates in the same area of expertise; 3) authorization of voting rights of Alternates in the absence of the Committee Member in their designated area of expertise action requested - APPROVE AMENDED BYLAWS. (Treasurer-Tax Collector) 3.31* First 5 Butte County Children and Families Commission (BCCFC) FY 2013-14 Annual Audit and Financial StatementsThe BCCFC submits for information the FY 2013-14 annual audit reports and - financial statements as per Ordinance 3555, section 2-100.70 (d). The Ordinance requires the Commission to submit its annual audit to the Board of Supervisors for information. The Commission held a public hearing and accepted the audit report in compliance with the Ordinance action (Other Departments or Agencies) requested ACCEPT FOR INFORMATION. 3.32* Butte County Law Library Annual Report for FY 2013-14 The trustees of the Butte County Law Library submit their annual report - action requested ACCEPT FOR INFORMATION. (Other Departments or Agencies) 4.Regular Agenda 4.01* Boards, Commissions and Committees A.Appointments to Listed Vacancies B.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. NOVEMBER 18, 2014 BOARD OF SUPERVISORS AGENDAPAGE 9 OF 12 4.04* PERS Post-Retirement Employment Exemption - The California Public Employees' (PERS) Pension Reform Act of 2013 requires newly retired persons to "sit out" for at least 180 days before returning to work for an employer in the same retirement system from which they receive a retirement allowance. An exemption to this rule is provided with governing body approval and adoption of a "Resolution for Exception to the 180-day wait period to hire CALPERS retiree per government code sections 7522.56 and 21224" that must be submitted to CALPERS. The Sheriff's Office Jail Division has one Supervisor of Food Services (SFS) that is responsible for managing the commercial jail kitchen that provides hot meals to over 650 people on a daily basis. The Supervisor, Food Services manages the jail kitchen staff of five cooks and an inmate work crew trained in cooking. The SFS is also compelled to maintain a health certified daily menu, tasked with ordering food and supplies and maintenance of costly commercial grade kitchen appliances. The Sheriff's Office started recruitment for the position on August 8, 2014 and is hopeful to fill the position shortly. The position requires an arduous background investigation based on the nature of the position within the jail facility. Once the new employee is hired to fill the Supervisor position, Mark Campagna, the retiring employee, will be available to train the new hire. In the meantime, Mr. Campagna will be completing his current duties on a part-time basis. The Director of Human Resources has reviewed the facts and concurs that the request is consistent with the exemption outlined in Government Code Section 7522.56(f)(1). Request approval of a resolution allowing the extra-help hiring of Mark Campagna as the Supervisor, Food Services in the Sheriff's Office jail division action requested - 1) APPROVE PERS POST-RETIREMENT EXEMPTION PURSUANT TO SECTION 7522.56 OF THE GOVERNMENT CODE; and 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff) 4.05* Status Report - Implementation of the Butte County Regional Economic Development Strategy - The Economic Development Element of General Plan 2030 included Action Item ED.A1.1, which calls for the creation of a countywide Economic Development Strategy. On January 25, 2011 the Board of Supervisors approved the Butte County Regional Economic Development Strategy which contained goals, initiatives, and action items to be attained during the period 2011-2013. On February 11, 2014 the Board of Supervisors approved a revision to the Strategy, extending the life of the Strategy through 2017 and adding additional action items to support the previously approved goals and initiatives. The approved action items support the following key initiatives: 1) Grow existing businesses; 2) Ensure Butte County is a competitive location for new investment; 3) Create a sustainable reputation for the county; and 4) Improve the coordination of regional economic development resources and efforts. implementation of the Butte County Regional Economic Development Strategy action requested - NO ACTION REQUIRED. ACCEPT FOR INFORMATION. (Chief Administrative Office) 4.06* Financial Report for Fourth Quarter FY 2013-14 and First Quarter FY 2014-15 - The Financial Report for Fourth Quarter FY 2013-14 and First Quarter FY 2014-15 provides economic, expenditure, revenue, cash balance, long-term debt and summary information for the periods ending June 30, 2014 and September 30, 2014. The report includes tables and graphs of historical data to help provide context and demonstrate trends in the economy, expenses, revenues and balances action requested - NO ACTION REQUIRED. ACCEPT FOR INFORMATION. (Chief Administrative Office) NOVEMBER 18, 2014 BOARD OF SUPERVISORS AGENDAPAGE 10 OF 12 4.07* U.S. Bureau of Reclamation Long Term Water Transfers Program - On September 30, 2014 the U.S. Bureau of Reclamation released for public comment a draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) on a proposed Long Term Water Transfers Program. In 2011, the Board of Supervisors submitted a letter on the EIS/EIR scoping document for the program. The released draft EIS/EIR assesses the impacts from a proposed 10 year water transfer program that involves willing sellers from northern California and buyers from south of the Delta. Water transfers would occur through various methods such as groundwater substitution, crop idling, reservoir releases and conservation. Water transfers could originate from Butte, Colusa, Glenn, Shasta, Sutter and Tehama counties. The public was afforded only 60 days to review, analyze and comment on the draft EIS/EIR. The short time frame precluded Butte County staff from conducting a thorough review or having a discussion and recommendation from the Water Commission. Staff did conduct a preliminary review and found that the draft EIS/EIR relies on data that are incomplete and selectively chosen. The draft EIS/EIR contains misleading information, incomplete analyses and unmitigated significant impacts. The result is that the EIS/EIR fails to meet the requirements of the National Environmental Policy Act and the California Environmental Quality Act. Staff recommends that the Board of Supervisors submit a letter highlighting the flaws in the EIS/EIR, request for an extension of the comment period and a recirculation of a revised EIS/EIR action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation) 5.Public Hearings and Timed Items (No items) ( 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. 7.Closed Session 7.01 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 3 CASES: A.LAVIOLETTE V. COUNTY OF BUTTE; BUTTE COUNTY SUPERIOR COURT NO. 159472; B.CRIME JUSTICE & AMERICA, INC., AND RAY HRDLICKA V. PERRY L. RENIFF; USDC - EASTERN DISTRICT CASE NO. 08-CV-00343; AND C.COUNTY OF BUTTE V. ENGINEERED CONTROL SYSTEMS, INC., TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA; JAMS ADMINISTRATIVE HEARINGS CASE NO. 1130005713. NOVEMBER 18, 2014 BOARD OF SUPERVISORS AGENDAPAGE 11 OF 12 Butte County Department Heads Information and Procedures Concerning the Agenda and Board of Supervisors Meetings Agricultural Commissioner: Meeting Information: Richard Price 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 the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed Auditor-Controller*: as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted Dave Houser 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 Agenda Information: Chief Administrative 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 website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to explain Chief Probation Officer: Steve Bordin 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 Child Support Services: do not remove items from these files), and at the Clerk of the Board website. Copies of supporting materials can Sharon A Stone 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 MikeRamsey 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. 3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are Fire Chief: set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time Greg McFadden 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 the agenda identifies those items that will be discussed during the closed session. Information Systems: 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 policies and procedures can be found in the printed booklet agenda, obtained at the County Administrative Office, Public Works: 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*: 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 Kory Honea 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: County Administrative Office Paul Gosselin 25 County Center Drive, Suite 200, Oroville, CA 95965 530-538-7631 *Elected Official NOVEMBER 18, 2014 BOARD OF SUPERVISORS AGENDAPAGE 12 OF 12