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HomeMy WebLinkAboutA121112BUTTE COUNTY BOARD OF SUPERVISORS AGENDA December 11, 2012 0 0 o- ,o 6F o~ 0 0 o o~ UN 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 and Clerk of the Board Bruce S. Alpert, County Counsel BUTTE COUNTY BOARD OF SUPERVISORS Butte County Department Heads AGENDA -DECEMBER 11, 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 December 11, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 11, 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* Glad Investments, Inc. dba Riverside Convalescent Hospital - Riverside Convalescent HEALTH Hospital, a skilled nursing facility, was selected as a result of a competitive Request for Proposal to provide daily meals for inpatients at Butte County's Psychiatric Health Facility. The Butte County Department of Behavioral Health (BCDBH) requests approval to amend the agreement with Riverside Convalescent Hospital to extend the term by six months. The term of the agreement began July 1, 2012 and will now terminate on June 30, 2013. The maximum financial obligation under this agreement shall not exceed $51,604.53 (department budget utilizing realignment revenue. This is an increase of $24,791.73 for fiscal year (FY) 2012-13. There will be no change in per meal costs -action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.02* Northern Valley Catholic Social Services (NVCSS) -Approval is requested to amend the agreement with NVCSS to provide client support services and outreach for the following programs: Warm Line, a non crisis talkline; Iversen Center, a drop in center for consumers; Villa Serena, housing support; Hmong Elder Outreach, to educate the Hmong elder population in regards to mental health issues. This amendment is adding money to the NVCSS Iversen Center budget for peer assistants to provide additional services. The term of this agreement will remain July 1, 2012 through June 30, 2013. The maximum financial obligation under this agreement shall not exceed $886,154.35 (department budget utilizing MHSA funds). This is an increase of $53,823.45. The funding for this increase was included in the budget adjustment approved at the November 6, 2012 Board of Supervisors meeting -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 2 December 11, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 11, 2012 3.03* Thomas Lancaster M.D. - BCDBH requests approval to amend the agreement with Dr. Lancaster. The terms of the amended contract will include a revised pay rate for weekend on-call shifts and additional service hours. The revised rate for weekend on-call will be limited to $2,560 per weekend shift. The shift rate is a based on two 8 hour days for the on-call weekend shift multiplied by the current on-call rate of $160 per hour. This contract is also being amended to add additional service hours. Dr. Lancaster initially requested a reduction of service hours to part-time. However, Dr. Lancaster has agreed to continue full time through the County contract. The effective date for Dr. Lancaster's move from County's Inpatient unit to County's Outpatient clinic was October 2, 2012. The term of the agreement will remain July 1, 2012 through June 30, 2013. The maximum financial obligation under this contract shall not exceed $347,210 (department budget utilizing state and federal Medi-Cal funds) and is an increase of $140,265 for FY 2012-13 - action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. BOARD OF 3.04* Letter of Support for Wild Goose StoraEe, LLC's application to the California Public Utilities SUPERVISORS Commission -Wild Goose Storage LLC is the first independent natural gas storage facility in California to begin commercial operations in 1999. It is located in rural Butte County, 10 miles west of Gridley. Supervisor Lambert requests a letter of support for the Wild Goose Storage, LLC's application to the California Public Utilities Commission (CPUC) to increase its facility's working gas capacity. This increase will not change the size or footprint of the facility. No additional pipeline capacity is required -action requested - AUTHORIZE STAFF TO SUBMIT A LETTER SUPPORTING WILD GOOSE'S APPLICATION TO THE CPUC AND AUTHORIZE THE CHAIR TO SIGN. CHIEF 3.05* Budget Adjustment - On October 9, 2012, the Board of Supervisors approved a budget ADMINISTRATIVE adjustment to appropriate $102,719.47 in grant funds to complete grant activities for the OFFICE Housing Rehabilitation Loan Program funded by the State Department of Housing and Community Development. The budget adjustment approved at that time only included the CDBG side of the budget and was missing the offsetting appropriation of $17,595.27 in the Administration Department's budget, which this item corrects -action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required). PAGE 3 December 11, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 11, 2012 3.06* Resolution AuthorizinE the Application for State Recreational Trails ProEram (RTP) and Environmental Enhancement and MitiEation ProErams (EEMP) Grant Funds - Local veterans groups, through the Oroville Veterans Memorial Park Committee (Committee), the City of Oroville, the Feather River Recreation and Park District, and Butte County have been working towards construction of a veterans memorial park for several years. To- date, the County and its partners have obtained funding from the U.S. Department of Housing and Urban Development (HUD), the Oroville Redevelopment Agency, the Committee and Congestion Mitigation Air Quality grant funds to complete the first two phases of the Park, including a rock retaining wall for the future shade structure and a portion of the parking lots. New grant opportunities may be available this year, through the RTP and EEMP grant programs. RTP funds, if awarded, would allow the County to build a parking lot and rest room facilities at the trailhead to the Feather River Trail, as well as completing an accessible connection to the Feather River Trail and the Brad Freeman Trail. Staff is evaluating whether or not the proposed project will meet EEMP requirements. If it does, and if the County receives funding, the funds would be utilized to build two plazas and the landscape and hardscape related to those plazas. Due to timing of Board meetings, the Board is being asked to approve a resolution in case the project is determined to be eligible for EEMP funding. The RTP application is due January 9, 2013, the EEMP application is due January 4, 2013, and both require Board adopted resolutions in the forms provided with this item - action requested - ADOPT RESOLUTIONS AND AUTHORIZE THE CHAIR TO SIGN. CLERK- 3.07* Certification of Statement of Votes Cast - Candace J. Grubbs, County Clerk- RECORDER Recorder/Registrar of Voters, submits the Certification of the Statement of Votes Cast for REGISTRAR the Consolidated General Election held in Butte County on November 6, 2012, pursuant to OF VOTERS California Elections Code Section 15372 -action requested -ACCEPT CERTIFICATION OF STATEMENT OF VOTES CAST. 3.08* January 2013 Special Election - Budget Adjustment and Rush Personnel Services Contract Amendment - A Special General Election has been called for January 8, 2013 to determine a winner for the 4th Senate District. The Special Election was not anticipated in the FY 2012-13 Adopted Budget and a budget adjustment transferring $362,516 from the General Fund Appropriation for Contingencies to the Clerk-Recorder's budget is necessary to accommodate the additional costs. The breakdown is as follows: Precinct Officer stipend and polling place rental - $60,083; Contract extra help for the office, warehouse, election day, canvass process and vote by mail processing - $100,000; Official Ballot printing, envelopes and postage - $111,433; Sample Ballot Booklets and postage - $56,000; Vote by mail Signature verification - $13,000; Miscellaneous expense such as truck rental, fuel, supplies, publications, and shipping - $22,000. There is no state reimbursement for this special election. In order to meet the needs for a small portion of extra help for the November 2012 General Election and all extra help needs for the January 2013 Special Election, the County's contract with Rush Personnel Services needs to be amended to increase the maximum amount payable by $100,000. All other terms remain the same. In order to reduce costs, precinct boards will be reduced to 3 members from 5, only new precinct officers will be required to attend training and overtime will be reduced, all other expenditures are mandated -action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote required); AND APPROVED AGREEMENT AMENDMENT SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 4 December 11, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 11, 2012 DEVELOPMENT 3.09* 2012 New Williamson Act Contracts -LCA 12-0006 (Little) and LCA12-0007 (Souza) -This SERVICES item consists of a total of three new contracts: 1) LCA 12-006 (Little) -will enroll approximately 336 acres (non-contiguous APNs 021-050-021 and 021-050-006) in the Butte County Williamson Act program for rice production. This property is located south of the Colusa Highway approximately three miles west of the City of Gridely; and 2) LCA12-0007 (Souza) -will enroll approximately 84 acres (APNs 025-240-097 and 025-240- 095) in the program for orchard use. This property is located immediately west of the intersection of State Route 70 and Palermo Road approximately two miles west of the City of Oroville. On October 1, 2012, the Butte County Land Conservation (Williamson) Act Advisory Committee unanimously recommended approval of the three contracts to the Board of Supervisors, with a condition applicable to the Souza contract that AG-20 (Agriculture, 20-acre minimum parcel size) zoning be adopted for the subject parcels prior to approval of the contract. The Board of Supervisors adopted AG-20 zoning for the subject parcels on November 6, 2012. The making of Williamson Act contracts is exempt from review under the California Environmental Quality Act per Categorical Exclusion 15317 (Open space contracts or easements) -action requested -APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.10* Release of Development AEreement and Open Area Easement -Bains - As part of a previous zoning ordinance, the County allowed for Home Site Segregations. This process allowed for a portion of a parcel with an existing residence, to be separated off from an agricultural use, creating two parcels. To complete this process, a use permit was required. The owner at the time, Mark Dewsnup (also known as Mark P. Dewsnup, and as Mark Pike Dewsnup), completed the process and was granted a Use Permit (UP 86-31) on APN 021-170-040 by the Board of Supervisors on April 15, 1986. The parcel is located on the south side of West Liberty Road, approximately 2,400 feet west of State Route 99, at 199 W. Liberty Road, south of Gridley. Requirements of the UP included completing a parcel map and recording a Conveyance of Development Rights and Open Area Easement on the agricultural parcel. Mr. Dewsnup, received an approval for the tentative parcel map, but did not complete the process to record the map, which has since expired. Since not all of the requirements for the UP were completed, the UP and the home site segregation process expired. Mr. Dewsnup, however, did complete the process to have the County accept the Conveyance of Development Rights and Open Area Easement and recorded the document on March 14, 1988. Since the process was never completed, the original parcel was never divided, and therefore, the limitations and restrictions set forth under Recorder's Serial Number 88-08270 are not required. The current owners, Perminder and Rajveer Bains, have requested the release of the conveyance -action requested -STAFF RECOMMENDS THAT THE BOARD OF SUPERVISORS RESCIND ITS ACCEPTANCE OF THE CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN SPACE EASEMENT AND AUTHORIZE THE CHAIR TO SIGN THE RELEASE OF CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN SPACE EASEMENT. PAGE 5 December 11, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 11, 2012 3.11* Resolution Supporting Pamma-Larkin Agricultural Easement -The Northern California Regional Land Trust (NCRLT) requests adoption of a resolution in support of its application to acquire an agricultural easement on 96 acres of land located approximately one mile east of Gridley in Butte County. The resolution includes Board findings necessary for the NCRLT to submit a grant application to the California Department of Conservation's California Farmland Conservation Program to pursue acquisition of the agricultural easement. The conservation easement would preclude conversion of prime farmland on the subject parcel to rural residential development or other non-agricultural uses -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. EMPLOYMENT 3.12* Resolution in RecoEnition of Richard Brazil Upon Retirement -action requested -ADOPT AND RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. SOCIAL SERVICES GENERAL 3.13* Gridley Veterans Memorial Hall Committee -The Gridley Veterans Memorial Hall SERVICES Committee on behalf of the Veterans Organizations and Citizen Veterans using the Gridley Veterans Memorial Hall has submitted the following nominations for appointment to serve on the Gridley Veterans Memorial Hall Committee through June 30, 2013: American Legion South Butte Post 210: Donna Thompson, Alternate and Citizen Veterans: George Nichols, Delegate -action requested -MAKE APPOINTMENTS. 3.14* DouE FitzEerald, FitzEerald TechnoloEy Group (FTG) -The existing Juvenile Hall Electronic Security System results in insufficient camera coverage and lacks both adequate video storage capacity and a redundant Central Control Programmable Logic Controller that are required in contemporary Security Systems. In addition, replacement parts for the existing System are no longer manufactured making the system difficult to service. Staff recommends that FTG be awarded a $60,108 contract for the schematic design, layout and final functional acceptance testing of all the key components of the new System. FTG assisted the County in a similar capacity with the upgrade to the Main Jail Security System in FY 2010-11 and is very familiar with County facilities and project management staff. Upon completion of this schematic design, a contractor will be selected and an additional contract will be brought back to the Board for final design and installation of the System. This project is included in the FY 2012-13 Probation Department's budget and the Capital Project Fund 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 AND; APPOINT THE GENERAL SERVICES DIRECTOR AS OFFICER OF THE PROJECT. PAGE 6 December 11, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 11, 2012 3.15* Enloe Medical Center -The Butte County Behavioral Health Department occupies approximately 3,912 square feet of a leased facility located at 556 Cohasset, in Chico, under a five year lease with a planned termination date of September 30, 2015. The Department wishes to extend the term to September 30, 2030, to take advantage of additional funding opportunities available only in buildings with a minimum term of 20 years. The agreement does include the ability to terminate early due to a lack of funding in future years. The original lease rate of $0.750 per square foot totaling $2,934.00 per month will remain fixed until September 30, 2020. Beginning October 1, 2020 through September 30, 2030, the total monthly rent payment shall increase to $3,442.94. The rate increase to $0.8800971 per square foot, will cover anticipated utilities cost increases. Funding for the lease is included in the Behavioral Health Operating Budget and requires no additional appropriation -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.16* Loumark Associates -The Butte County Department of Behavioral Health provides services to CaIWORKS clients from 564 Rio Lindo Ave. Suite 100, Chico, under a lease in hold over status. The existing rate runs $1.194125 per square foot for the 2,000 square foot facility, with a total monthly lease payment of $2,388.25. Under the new lease agreement, the rent payment will remain fixed for 36 months at the rate of $0.900 per square foot for a total payment of $1,800 per month. The planned termination date for the agreement is December 31, 2015, and includes the option to extend for an additional 36-month period. Funding for this lease is identified within the FY 2012-13 approved budget and requires no additional appropriation. The new lease reflects approximately $21,177 in savings to the Department over the entire term -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.17* Loumark Associates -The Butte County Department of Behavioral Health operates the Treatment Court and Probation program from 564 Rio Lindo Avenue, Suites 200, 202-204, Chico, under a lease in hold over status. The existing rate runs $1.1831166 per square foot for the 5,538 square foot facility, with a total monthly lease payment of $6,552.10. Under the new lease agreement, the rent payment will remain fixed for 36 months at the rate of $0.900 per square foot for a total payment of $4,984.20 per month. The planned termination date for the agreement is December 31, 2015, and includes the option to extend for an additional 36-month period. Funding for this lease is identified within the FY 2012-13 approved budget and requires no additional appropriation. The new lease reflects approximately $56,444.40 in savings to the department over the entire term - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 7 December 11, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 11, 2012 3.18* Peerless BuildinE Maintenance Co., Inc. - On December 13, 2011, following the solicitation for services on Request for Proposals 19-12, the Board of Supervisors awarded a contract to Peerless Building Maintenance Co., Inc. for janitorial services at leased facilities for a one year period with the option to renew for three additional one-year periods. Staff recommends the contract be amended to extend the term of the contract one year and to accommodate additional services required. The recommended changes will result in an annual cost of $318,996.12 in 2013, and additional costs of $4,250 in 2012 for a $323,246.12 net increase to the total cost of the contract. Funds are contained within the Department of Employment and Social Services, Child Support Services and Public Health FY 2012-13 adopted budgets and no additional appropriation is required -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. HUMAN 3.19* 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: Human Resources, General Services, Public Health and the Library. These changes increase the total allocations in the County by one (1) limited term position. Human Resources: The Human Resources Department is requesting to add the classification of Facilities Maintenance Coordinator to Section 57, Reference C of the Salary Ordinance titled, "BCEA-General Unit Classifications." The salary range for the classification shall be set at 38 (Biweekly salary: $1,428.80 - $1,914.74). This classification has been agreed to by both Human Resources and the applicable Employee Association. General Services: Concurrent with Human Resources request above, the General Services Department is requesting to add one (1) position of Facilities Maintenance Coordinator and delete one (1) vacant position of Building Crafts Worker, Senior/Facilities Maintenance Specialist, Lead. The department requires a staff member that is able to schedule work and track time spent on over 8,000 work orders per year. The existing classification does not include the required skills need to perform this necessary function. This change will leave the total allocations in the department unchanged and have no fiscal impact on the County General Fund. Public Health: The Public Health Department is requesting to delete one (1) vacant position of Account Clerk, Senior/Account Clerk and add one (1) position of Administrative Assistant, Senior/Administrative Assistant. This change will better meet the current and future operational needs of the department. This change will leave the total allocations in the department unchanged and result in a $4,021 decrease in salary and benefits for the current fiscal year. Library: The Library is requesting to add one (1) flexibly-staffed, limited term position of Library Assistant/Library Assistant, Senior with a term date of June 30, 2013. This position is being added to backfill for a position due to a long-term medical leave of absence. This change will increase the total allocations in the department by one (1) limited term position and have no net fiscal impact on the County General Fund -action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 8 December 11, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 11, 2012 3.20* Non-Discrimination Policy-Appeal Process Update - In 2009 Merit System Services (MSS), who oversees our Personnel standards, conducted an audit of County to assure compliance with the California Local Agency Personnel Standards (LAPS). One of the findings included in the MSS Report was that although the County met the standards for EEO Compliance (LAPS 17150), the County's Non-Discrimination policy lacked a required impartial appeal process (LAPS 17153b). The standard states, "Local agencies shall provide for appeals of alleged discrimination, by an applicant or employee, through an impartial process that results in a timely, enforceable decision." The County's current policy ends with the complaint going before the Civil Rights Compliance Officer. The updated policy amends the appeal process to include an impartial "Appeal Panel". This panel will consist of three (3) Human Resource Professionals selected at random by the Human Resources Director from the following agencies: Butte College, City of Chico, Butte County Office of Education, Tehama County, Colusa County, Plumas County, Sutter County and Yuba County. The updated policy will bring the County into compliance with the standards set in the LAPS with regards to this appeal process. In addition to the change in appeal process, the language throughout the policy was cleaned up to reflect current laws and practices. All these changes were agreed upon by all represented and non-represented employee groups in the County -action requested -ADOPT THE UPDATED BUTTE COUNTY NON-DISCRIMINATION POLICY. PROBATION 3.21* Resolution RequestinE Approval to Apply for Anti-DruE Abuse Enforcement Team Grant ProEram Funds -The California Board of State and Community Corrections (BSCC), which administers the Federal Edward Byrne Memorial Justice Assistance Grant (JAG), is once again offering funds to the County of Butte to assist in improving the functioning of the criminal justice system, with emphasis on convicting violent and serious offenders and enforcing drug control laws. In California, these programs fall under the Anti-Drug Abuse Enforcement Team Program. The award period runs from October 1, 2012 through September 30, 2013, with an award total of $135,447 for Butte County. The Probation Department would like to apply to receive this funding, which will be used toward staffing and support costs associated with the Butte Interagency Narcotics Task Force (BINTF). While actual program expenses exceed the grant award amount, in anticipation of this yearly grant award, necessary appropriations in each participating department were included and approved in the FY 2012-13 budget submission. No budget transfer will be needed. Approval is requested to authorize the Chief Probation Officer to apply for the grant, sign all grant documents, and administer the grant. BSCC requires an adopted Board Resolution to apply for the funding -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN AND; AUTHORIZE THE CHIEF PROBATION OFFICER TO APPLY FOR AND ADMINISTER THE GRANT, AND SIGN ALL RELATED DOCUMENTS. PUBLIC HEALTH 3.22* Resolution for Public Health Director Phyllis Murdock Upon her Retirement -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 9 December 11, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 11, 2012 PUBLIC WORKS 3.23* Authorization to Award Contract for Construction Quality Assurance Services for Neal Road RecyclinE and Waste Facility, County Protect 757-5918 and Request For BudEet Adjustment - At its meeting of October 23, 2012, the Board authorized an award of contract for the construction of Module 4 Phase E at the Neal Road Recycling and Waste Facility (NRRWF), County Project No. 757-5918. For landfill expansion projects the State Water Resources Board requires a construction quality assurance (CQA) report be submitted documenting that the project was built to design specifications. The Department of Public Works solicited proposals for CQA services and received two responses. Staff reviewed and scored the proposals based on consultant capabilities, experience, previous work for Butte County, proximity, workplan and cost as described in the Request for Proposals. The review and scoring resulted in Geo-Logic Associates of Grass Valley being selected as the most responsive to the proposal. Staff then negotiated with Geo-Logic resulting in cost savings to the County. The estimated not to exceed cost for the services to be provided is $66,040. The Director of the Department of Public Works is recommending awarding a contract agreement to Geo-Logic Associates to provide CQA monitoring and reporting services during the construction of Module 4, Phase E. The Department is also requesting approval of a budget adjustment to fund the contract -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER AND; APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). SHERIFF- 3.24* State of California, Off-HiEhway Motor Vehicle Recreation (OHMVR) Grant No. G11-03-70- CORONER L01 -The Sheriff's Office applied for and received an Off-Highway Vehicle (OHV) grant award from the State of California, Department of Parks and Recreation in the amount of $15,579. The grant award will provide uniformed law enforcement personnel to patrol the Jonesville Snowpark and to conduct snowmobile inspections during the snow season. The grant will also provide funding to purchase one snowmobile and trailer (fixed asset). The Sheriff's Office supports Butte County's goal of providing public safety, managing special events and improving the safety of Off-Highway Vehicles (OHV). The grant requires a $5,193 match which the department intends to offset with green sticker money, which has been budgeted. The grant period is January 1, 2013 -December 31, 2013 -action requested -APPROVE GRANT AWARD FROM THE STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION AND; AUTHORIZE CAPITAL ASSET PURCHASE AND; APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). 3.25* Dale Fry - Backgrounds and More -The Sheriff's Office maintains a service contract with Backgrounds and More for polygraph testing on applicants who are in the background process. The Sheriff's Office intended to complete a Request for Proposal (RFP) for polygraph services and learned that the Probation Department maintains a contract with Backgrounds and More that is set to expire June 30, 2013. It has been determined best to extend the Sheriff's contract through the end of the fiscal year to allow Sheriff and Probation to complete an RFP jointly. On July 31, 2012, the Sheriff's Office was approved by the Board of Supervisors to increase this contract by $11,000 to fund the service through the original term expiration of November 10, 2012. Now that we intend to continue services to match Probation's term, we are requesting to increase the maximum payable as well as the expiration. The Sheriff's Office is requesting to extend the term of the contract through June 30, 2013 and increase the maximum payable by $10,000. This will bring the contractual total payable to $45,500 over the term of the agreement - action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 10 December 11, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 11, 2012 TREASURER 3.26* Treasurer's Investment Report -The Treasurer-Tax Collector submits the Monthly TAX COLLECTOR Investment Report for December 5, 2012 in accordance with the Butte County Statement of Investment Policy dated July 1, 2012 -action requested -ACCEPT FOR INFORMATION. OTHER 3.27* Local Child Care PlanninE Council (LPC) -The Butte County Office of Education submits DEPARTMENTS their annual request for Board of Supervisors' certification of the composition of the LPC - ANDAGENCIES action requested -APPROVE MEMBERSHIP COMPOSITION OF THE LOCAL CHILD CARE PLANNING COUNCIL. 3.28* Request for Reappointment to Oroville Cemetery District -The Oroville Cemetery District submits their recommendation to reappoint Mr. James Edwards, Trustee to a term to end January 1, 2017 -action requested -REAPPOINT JAMES EDWARDS. 3.29* Request for Reappointment to Oroville Mosquito Abatement District -The Oroville Mosquito Abatement District submits their recommendation to reappoint Mr. Dennis Diver to a term to end December 31, 2013 -action requested -REAPPOINT DENNIS DIVER. 4.00 REGULAR AGENDA 4.01* Boards, Commissions and Committees 1. Appointments to Listed Vacancies 2. Board Member or Committee Reports 4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. 4.03* General Plan Follow-Up and Implementation by Director of Development Services. 4.04 Items Removed from the Consent Agenda for Board Consideration and Action. 4.05* Resolution Updating Butte County On-Site Wastewater Manual - On March 16, 2010, the Board of Supervisors adopted the On-Site Wastewater Systems Ordinance 4018 (BCC Chapter 19) and two resolutions: one adopting the On-Site Wastewater Manual and the other establishing a Wastewater Advisory Committee. The new program became effective June 1, 2010. One of the functions of the Wastewater Advisory Committee is to advise the Public Health Department and Board of Supervisors on matters pertaining to interpretation and revision of the On-Site Wastewater Manual so that it continues to best serve the needs of the local community while protecting water quality and public health. The Wastewater Advisory Committee has met monthly since its inception in June 2010 and has identified two changes that are needed in the Manual at this time: 1) The required setback between wastewater system components and wells supplying water for public water systems needs to be modified in the Manual from 150 feet to 100 feet so the requirements in the Manual match the California Waterworks Standards requirements for public water systems; and 2) Requirements for repair or replacement of failing on-site wastewater systems developed by the Wastewater Advisory Committee over the past two years needs to be incorporated into the Manual as a new section -action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Health) PAGE 11 December 11, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 11, 2012 4.06* Update on Waste Collection Franchise Discussions - At its meeting of June 14, 2011, the Board gave direction to staff to work with County licensed waste collection companies regarding establishing franchised collection areas that would result in the delivery of additional waste currently generated in Butte County to the County-owned and operated Neal Road Recycling and Waste Facility (NRRWF). The consulting firm of NewPoint Group was hired to evaluate the customer data of Recology of Butte Colusa Counties, Waste Management, and Northern Recycling and Waste Services (Collection Companies) and make recommendations for franchise collection areas with a goal of minimal net change in customer count and revenue. NewPoint Group and County staff have had a series of meetings with the waste Collection Companies and NewPoint has finished their evaluation to validate the data and has developed draft recommendations for franchise areas. The consultant and County staff will present the consultant's draft recommendations. The waste Collection Companies have tentatively agreed with the results of NewPoint Group's data validation and have expressed an interest to move to the next phase of the process - development of franchise agreements. Staff requests the Board approve an agreement with NewPoint Group to develop franchise agreements and assist County with negotiating franchise agreements -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Public Works) 4.07* Contract Approval with Pacific Municipal Consultants for the Preparation of a Climate Action Plan -General Plan 2030 Conservation and Open Space Element Action COS-A1.1 requires the preparation of a Climate Action Plan (CAP). General Plan 2030 policies and actions provide a comprehensive framework for reducing Greenhouse Gas (GHG) emissions in the County. The CAP requirements under Action COS-A1.1 would assist California in meeting the GHG reduction goals for 2020 that is a requirement of State law and embodied in the Global Warming Solutions Act of 2006 (AB 32). Action COS-A1.1 would ensure that GHG emissions in Butte County would not contribute considerably to cumulative GHG emissions and associated climate change effects. Action COS-A1.1 is also identified under General Plan 2030 and the General Plan 2030 Final EIR requirement to mitigate environmental impacts under the California Environmental Quality Act (CEQA) for GHG emissions associated with the General Plan's implementation. Development Services staff requests that the Board of Supervisors approve an agreement with Pacific Municipal Consultants (PMC) to prepare a CAP, and either an Addendum to the General Plan 2030 EIR or a Supplemental EIR, in an amount not-to-exceed $209,276. The not-to-exceed amount includes a contingency for three optional tasks as set forth under the PMC work program. The term of the agreement is from December 11, 2012 through June 30, 2014. An additional amount of $14,246 is required to provide for costs incurred by Development Services for other contractually-related expenses for a CAP. For FY 2012-13 costs are estimated to be $173,957. 209,276 for the agreement with PMC and $14,246 for costs to the department in fulfilling the County's contracted responsibilities (facility rental, video recording of meetings, refreshments, display advertising, printing, cd production, agency fees (Fish & Wildlife and Clerk/Recorder) for a total of $223,522 covering two fiscal years. For fiscal year 2012-13 costs are estimated to be $173,957. The cost will be covered through General Fund Appropriations for Contingencies -action requested -APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE RELATED BUDGET ADJUSTMENT. (Development Services) PAGE 12 December 11, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 11, 2012 S.OO PUBLIC HEARINGS AND TIMED ITEMS 9:15 A.M. 5.01* Timed Item - RecoEnition of Supervisor YamaEuchi -The Board of Supervisors will recognize Supervisor Yamaguchi upon his retirement from Butte County -action request - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 10:00 A.M. 5.02* Timed Item -Butte County Fair Association and Revised By-Laws -Since the 1940's, the County has entered into agreements with the Butte County Fair Association to manage and operate the Butte County Fairgrounds and County Fair. The current agreement expires on December 31, 2012 and a new 5-year agreement is recommended, which includes a number of changes from previous agreements as described in the attached staff report. The new agreement would shift responsibility for major facility maintenance/repairs to the County. Related to that shift in responsibilities, the General Service Department is requesting cone-time budget adjustment of $90,000 to do a facility assessment of the useful buildings on the Fairgrounds. Additionally, the Fair Association has requested $75,000 in funding assistance in 2013, also further described in the attached staff report, due to the elimination of State funding for fairs throughout the State. The short-term funding assistance agreement recommended in this item requires the Fair Association to provide a business plan to the County by September 30, 2013 showing financial stability within three years. In order to fund the Agreement, a budget adjustment of $50,000 in the General Services Department's budget is necessary to cover the period January 1, 2013 - June 30, 2013. The Fair Association has also adopted new bylaws, which now require Board of Supervisors' approval -action requested -APPROVE OPERATING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE FUNDING ASSISTANCE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET ADJUSTMENT (4/5 required); AND APPROVE BYLAWS AND AUTHORIZE THE CHAIR TO SIGN. (Administration) 10:15 A.M. 5.03* Public HearinE -Resolution ResolvinE Impasse in the Meet and Confer Process and Implementing the County's Last, Best and Final Offer -Professional Employees Association PEA -The County and the PEA have been meeting and conferring since February 9, 2012. Impasse was declared on May 31, 2012, and an impasse meeting was held on June 12, 2012. Impasse was not resolved, and PEA requested that the matter be sent to fact- finding, per State law. The fact-finding hearing was held on October 8, 2012 ,and the signed fact-finding report was received by the County on November 5, 2012. Per California Government Code, a public agency may impose its last, best and final offer after any applicable mediation and fact-finding procedures have been exhausted, but no earlier than 10 days after the fact-finding report with written findings of fact and recommended terms of settlement have been submitted to the parties, and after holding a public hearing regarding the impasse -action requested -HOLD PUBLIC HEARING REGARDING THE IMPASSE; AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) PAGE 13 December 11, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 11, 2012 10:25 A.M. 5.04* Timed Item -Revision to Resolution for Employer Paid Member Contributions (EPMC) - In order to complete implementation of the previous agendized item (item 5.03) regarding the Butte County Professional Employees' Association Impasse Resolution, as well as the agreements made with other Butte County labor groups regarding the phase in of EPMC for 2013, the Board of Supervisors must approve the attached PERS resolution to adhere to CaIPERS regulations. Details regarding the changes are included in the agenda report - action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 10:30 A.M. 5.05* Public Hearing -Durham Villas Planned Unit Development -Rezone REZ10-0001 and Tentative Subdivision Map TSM10-0001 - A request by Morris "Bud" Keeney for a Tentative Subdivision Map with 141 residential lots, plus 10 lettered lots for various community uses, and the rezoning of a +/- 118 acre parcel to "Planned Unit Development". The subject property is located on the south side of Durham-Dayton Highway and immediately east of the unincorporated community of Durham at 2243 Durham Dayton Highway -action requested - 1. DENY THE DURHAM VILLAS PLANNED UNIT DEVELOPMENT PROJECT (TENTATIVE SUBDIVISION MAP TSM10-0001 AND REZONING REZ10-0001 FOR MORRIS "BUD" KEENEY) BASED UPON WATER SUPPLY, AGRICULTURAL IMPACTS, LAND USE CONFLICTS WITH ADJACENT PROPERTIES; TRAFFIC SAFETY; AND PUBLIC SERVICES ISSUES; - OR - 2. FIND THAT, ON THE BASIS OF SUBSTANTIAL EVIDENCE IN THE WHOLE RECORD, A FAIR ARGUMENT HAS BEEN RAISED THAT THE DURHAM VILLAS PLANNED UNIT DEVELOPMENT (TENTATIVE SUBDIVISION MAP TSM10-0001 AND REZONING REZ10-0001 FOR MORRIS "BUD" KEENEY) MAY HAVE A SIGNIFICANT ADVERSE ENVIRONMENTAL IMPACT THUS REQUIRING THE PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT (EIR) PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). BASED UPON THIS FINDING, THE BOARD REMANDS THIS PROJECT TO THE DEPARTMENT OF DEVELOPMENT SERVICES STAFF FOR THE PREPARATION OF AN EIR TO BE CONSIDERED BY THE PLANNING COMMISSION IN MAKING A RECOMMENDATION TO THE BOARD OF SUPERVISORS. (Development Services) 6.00 PUBLIC COMMENT (each speaker limited to five minutes) Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board of Supervisors is prohibited from taking action on any item not listed on the agenda. Recess as the Butte County Board of Supervisors and convene as the In-Home Supportive Services Public Authority Board PAGE 14 December 11, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 11, 2012 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AGENDA DECEMBER 11, 2012 1.00 CALL TOORDER -Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. 2.00 CONSENT AGENDA 2.01* Contract Amendments for In Home Supportive Services Public Authority Employees - In an effort to be consistent with the actions taken with the County labor groups, the Employment Contracts for two employees of the In Home Supportive Services Public Authority (IHSS PA) require amendments relating to use of accrued sick leave for possible conversion for insurance coverage, upon retirement under CaIPERS provisions. This benefit has been discontinued for County of Butte employees hired on or after July 1, 2010. Two current Public Authority employees were hired prior to this date and while the Personnel Policies make reference to sick leave conversion into a retiree benefit, the specific formula is not included. These contract amendments provide clarity to include language consistent with documents addressing eligible County employees. It has long been the Public Authority's practice to provide the same general level of benefits to Public Authority contract employees that County of Butte employees receive -action requested - APPROVE AGREEMENT AMENDMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.00 REGULAR AGENDA (NO Items) 4.00 PUBLIC COMMENT (each speaker limited to five minutes) Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board is prohibited from taking action on any item not listed on the agenda. 5.00 CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: CATHI GRAMS, JACK HUGHES & BRIAN RING EMPLOYEE ORGANIZATION: CUHW (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 15 December 11, 2012 BUTTE COUNTY BOARD OF SUPERVISORS 7.00 CLOSED SESSION AGENDA -DECEMBER 11, 2012 7.01 ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a): 4 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; 4. DFEH CASE NO. 32101-158821/37A-2012-445115-C - FRAZIER v. COUNTY OF BUTTE. 7.02 INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (c) - 1 POTENTIAL CASE: US FOREST SERVICE/PLUMAS NATIONAL FOREST TRAVEL MANAGEMENT PLAN. 7.03 PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER 2. BEHAVIORAL HEALTH DIRECTOR 3. CHIEF ADMINISTRATIVE OFFICER 4. CHIEF PROBATION OFFICER 5. CHILD SUPPORT SERVICES DIRECTOR 6. COUNTY COUNSEL 7. DEVELOPMENT SERVICES DIRECTOR 8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR 9. HUMAN RESOURCES DIRECTOR 10. INFORMATION SERVICES DIRECTOR 11. LIBRARY DIRECTOR 12. PUBLIC HEALTH DIRECTOR 13. PUBLIC WORKS DIRECTOR 14. WATER AND RESOURCE CONSERVATION DIRECTOR 7.04 PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT/GOALS PURSUANT TO GOVERNMENT CODE SECTION 54957: PUBLIC HEALTH DIRECTOR 7.05 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 (This closed session item will be held contemporaneously with the IHSS Public Authority Board Closed Session) Information and Procedures Concerning the Agenda and Conduct of PAGE 16 December 11, 2012 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -DECEMBER 11, 2012 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 17 December 11, 2012