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HomeMy WebLinkAboutM011012 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/10/2012 9:00 A.M.—CALL TO ORDER Call to Order- Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Members present: Supervisors Connelly, Wahl, Kirk, Lambert and Yamaguchi Pledge of Allegiance to the Flag of the United States of America. Observation of a Moment of Silence. 1201-001 Corrections and/or Changes to the Agenda PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER , READ A CLARIFICATION INTO THE RECORD REGARDING ITEM 3.08 (RESOLUTION AUTHORIZING ALL BUTTE COUNTY DEPARTMENT HEADS TO ACCEPT DONATIONS ON BEHALF OF BUTTE COUNTY). HE CLARIFIED THAT THE AUTHORIZATION FOR THE ACCEPTANCE OF MONETARY DONATIONS ONLY. 1201-002 BOARD OF SUPERVISORS ORGANIZATION -2012 1. Election of Board Chair MOTION: I MOVE TO APPOINT SUPERVISOR LAMBERT AS CHAIR. (MOTION: CONNELLY; SECOND: KIRK) VOTE: Motion APPROVED 5 -0 2. Election of Board Vice Chair MOTION: I MOVE TO APPOINT SUPERVISOR KIRK AS VICE CHAIR. (MOTION: LAMBERT; SECOND: CONNELLY) VOTE: Motion APPROVED 5 -0 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/10/2012 1201-003 CONSENT AGENDA 1. Skyway House - The Butte County Department of Behavioral Health requests approval from the Board of Supervisors to amend its agreement with Skyway House. This amendment will add Comprehensive Drug Court Implementation/Drug Court Partnership (CDCI/DCP) grant funds, Dependency Drug Court (DDC) grant funds, and perinatal funds not included in the original contract. The term of this agreement will be July 1, 2011 through June 30, 2012. The maximum financial obligation under this agreement shall not exceed $110,332.42 (this is an increase of $85,342.86 for fiscal year (FY) 2011/2012). This agreement is within the FY 11/12 budget utilizing various grant funds. This agreement has no impact on the County general fund -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 2. Butte County Mosquito and Vector Control District - Supervisor Connelly nominates Albert Beck to fill the expired District 1 Trustee position on the Butte County Mosquito and Vector Control District Board. The term will end December 31, 2013 -action requested - MAKE APPOINTMENT. 3. Letter to the United States Forest Service (USFS) Regarding Region 5 - Supervisor Yamaguchi submits a letter from the Region 5 counties to the USFS regarding lack of participation in the Coordination process established by Congress and the impacts to local jurisdictions. The Region 5 Counties are Butte, Lassen, Plumas, Sierra, and Tehama counties - action requested -APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. 4. Budget Adjustment - On September 9, 2008, the Board of Supervisors authorized the execution, sale and delivery of a Certificate of Participation in the amount of $1,100,000 to the United States Department of Agriculture Rural Development (USDA-RD) for the replacement of the office/barracks at the Bangor Fire Station # 55. The Notice of Completion was recorded in February 2011. Approximately $1,040,000 was needed from the loan proceeds to complete construction. The loan proceeds not expended for construction, equal to approximately$60,000, are considered part of the $1,100,000 loan obligation of the County. As such, the USDA-RD will disburse the remaining proceeds to the County and the County will be required to immediately make a principal payment to the USDA-RD of the same amount. A budget adjustment is requested to reflect the return of unneeded loan proceeds - action requested -APPROVE BUDGET ADJUSTMENT(4/5 vote required). 5. Butte County Economic Development Corporation - On August 23, 2011 the Board of Supervisors approved a one year contract with the Butte County Economic Development Corporation (Butte EDC)to provide a variety of economic development related services. The Butte EDC requests the contract be amended to revise the time line for the submittal of invoices to the County in order to streamline their administration of the contract. The "Contractor Reports and Compensation" portion of the scope of work currently requires the Butte EDC to submit monthly reports and invoices. The Butte EDC requests this section of the contract be amended to allow for invoices and reports to be submitted three times during the year: November 1, 2011, March 1, 2012, and June 30, 2012 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 2 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/10/2012 6. Public Defender Contracts - The County is required by law to provide criminal defense representation for indigent defendants and juveniles. The County provides this service through a contract with a consortium of local attorneys. Two of the consortium attorneys for felony cases, William Short and F.L. Willis, Jr. have given the required notice to leave the consortium due to their retirements. The Indigent Defense Consortium has nominated to move two existing misdemeanor attorneys, Rochelle Forbis and Robert Marshall into the felony positions, and add four (4) half-time attorneys to work the two misdemeanor positions. This will allow for greater flexibility and prepares the consortium for anticipated future retirements. The Superior Court Bench and the District Attorney support the recommendation - action requested - APPROVE AGREEMENTS AND AGREEMENT AMENDMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 7. Budget Adjustment - On August 10, 2010 the Board of Supervisors authorized the submittal of a Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Grant Application for funds to support rehabilitation from the 2008 wildfires and the $4,300,000 grant agreement was approved by the State. In April 2011, in response to a supplemental CDBG DRI Notice of Funding, the Board authorized the submittal of a grant request for $3,093,980 for additional 2008 CDBG DRI funds. The $3,093,980 grant was approved by the State on November 17, 2011 and included additional funds for housing rehabilitation construction, the Local Hazard Mitigation Plan, improvements to Concow Road, and grant administration. The department requests the board approve a budget adjustment of $99,000 to appropriate the additional funds for the Local Hazard Mitigation Plan activity. The balance of the grant funding will be included in the FY 2012/2013 Recommended Budget. The budget adjustment increases CDBG DRI grant income $99,000 and appropriates the funds for the Local Hazard Mitigation Plan -action requested -APPROVE BUDGET ADJUSTMENT(4/5 vote required). 8. Resolution Authorizing All Butte County Department Heads to Accept Donations on Behalf of Butte County - Government Code, Section 25355 allows the Board of Supervisors to delegate to any County officer or employee the power to "accept any gift, bequest, or devise made to or in favor of the County" and requires that this delegate file a quarterly report with the Board of Supervisors describing the source and value of each gift valued in excess of$10,000 - action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 9. Resolution Amending the Butte County Conflict of Interest Code - The Political Reform Act (Gov. Code Sections 81000 et seq.) requires the County to amend its Conflict of Interest Code on a biennial basis and when change is necessitated by circumstances. The County's Conflict of Interest Code has been modified consistent with these requirements and has been updated to remove the Parole Board and the Butte County Law Library from the County's Conflict of Interest Code. Both the Parole Board and the Law Library have established their own Conflict of Interest Codes. The Butte County Law Library Trustees' Conflict of Interest Code was approved by the Board of Supervisors on October 11, 2011. The Parole Board's Conflict of Interest Code was adopted by the Parole Board on December 13, 2011 and is on this Board of Supervisors agenda for approval (Item 3.10 below). In addition,the County's Conflict of Interest Code has been updated to reflect changes or corrections for designated positions in several County departments-action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 10. Butte County Parole Board's Conflict of Interest Code - The Butte County Parole Board has adopted a PAGE 3 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/10/2012 Conflict of Interest Code, which is being submitted for approval as the code reviewing body. County Counsel has reviewed the Butte County Parole Board's Code and believes it to be proper - action requested -APPROVE BUTTE COUNTY PAROLE BOARD CONFLICT OF INTEREST CODE. 11. Oroville Adult Education Center -Approval is requested for an 18-month agreement with Oroville Adult Education Center (OAEC), for the provision of a Drop-In Employability Skills Lab for CalWORKs Welfare- to-Work, (WTW), participants. OAEC will design curriculum and written materials focusing on the needs of participants. They will provide a lab instructor and educational aide who will collaborate with DESS to insure the satisfactory progress of participants. The department will provide a classroom and computers for the use of the Drop-In Employability Skills Lab. The term of the agreement is January 1, 2012 through June 30, 2013. The maximum amount payable for the agreement is $182,510 ($57,510 for FY 2011/12 and $125,000 for FY 2012/13). The cost is fully covered by the State's CalWORKs Single Allocation and is included in the 2011/2012 department budget - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 12. Fixed Asset Purchase and Budget Adjustment -On October 25, 2011,the Board of Supervisors approved budget adjustments for the Department of Employment and Social Services, which included the addition of 33 new positions funded by State and federal funds to meet the increased service demands of CalWORKS and CalFresh (formerly known as food stamps) programs. To accommodate the new employees, the department requests Board authorization to purchase of 22 workstations with a total estimated cost of $55,000. The department plans to utilize existing components from unused workstations to help reduce this one-time operational expense. This one-time cost is included in the budget and is funded with State and federal funds - action requested - APPROVE FIXED ASSET PURCHASE AND BUDGET ADJUSTMENT. 13. Marysville City Fire Department - The Butte County Fire Department would like to enter into an Automatic Aid Agreement with the Marysville City Fire Department. The agreement will share a common jurisdictional boundary and mutually provide assistance to each other under this agreement. The common area is the District 10/Hallwood Community. The Butte County Fire Department and the Marysville City Fire Department will render full and free reciprocal exchange of immediate automatic fire protection aid to each other in order to provide more rapid response to emergencies. The effective date of this agreement is September 1, 2011 and will remain in effect until either party terminates by giving 60 days written notice to the other party. There is no fiscal impact - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR AND CHIEF ADMINISTRATIVE OFFICER TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 14. Budget Adjustment - The front counter and keypad entry door located in the County Administrator's Office at 25 County Center Drive do not comply with updated Americans with Disabilities Act (ADA) guidelines. Administration requests a transfer of $38,700 from the Administration budget to the General Services budget to fund the necessary improvements. There is no increase in General Fund appropriations; the funds for this project are included in the FY 2011/2012 Administration operating budget-action requested -APPROVE BUDGET ADJUSTMENT(4/5 vote required). 15. Contract Change Order - Part of the effort to consolidate Child Support Services (CSS) into a single PAGE 4 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/10/2012 facility at 78 Table Mountain Boulevard in Oroville required the acquisition of additional furniture. The original contract amount for the furniture with the Keller Group was $123,363.15. Now, with construction nearly complete, changes in furniture requirements are necessary to properly accommodate the program. General Services is requesting the approval of net change orders in the amount of $20,088.19 bringing the total furniture contract price to $143,451.34. These funds are available in the Capital Improvement Account fully funded by CSS. No additional funding appropriation is necessary - action requested - APPROVE THE CONTRACT CHANGE ORDER NO. 1 IN THE AMOUNT OF $21,789.95 AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN. 16. Guillon, Inc - At its meeting of October 25, 2011 the Board of Supervisors approved FY 2011-12 budget adjustments for the Department of Employment and Social Services (DESS), which included the addition of 33 new positions. To improve the delivery of services and to accommodate the new positions, DESS requires additional space in the leased facility located at 205 Mira Loma Drive, Suite 20, in Oroville.The initial monthly payment runs $1.04 per square foot plus Common Area Maintenance charges of $0.06778 per square foot resulting in a total monthly lease payment of$8,282.83 for the 7,477 square foot area. The planned termination date for the agreement is January 31, 2019, and includes the option to extend for another sixty (60) months. The total annual cost for this proposed lease is $99,394. Funding for the lease payment is included in the current year budget, which would be funded primarily with state and federal funds. The total annual fiscal impact (County share) is estimated to be less than $4,500 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 17. Budget Adjustment - Together with the City of Oroville, the County is in the process of replacing the sidewalk and stair transition strip in front of the Oroville Veterans Memorial Hall. Upon demolition, it was discovered that the below grade foundation has failed, leaving a void below portions of the sidewalk, transition strip and front entry stairs to the Oroville Veterans Memorial Hall. Additional funds are necessary to repair the foundation and complete the work. In an effort to reduce long term costs, remove existing trip hazards and improve compliance with the Americans with Disabilities Act (ADA), staff recommends that the front stairs to the Hall be replaced at this time as well and is requesting a budget adjustment of $100,000 from General Fund Contingencies to complete the entire project. Approval of this budget adjustment will commit additional General Fund resources to the project thereby reducing General Fund Contingencies by $100,000 - action requested - APPOINT GENERAL SERVICES DIRECTOR OFFICER OF THE PROJECT; AND APPROVE BUDGET ADJUSTMENT. (4/5 vote required). 18. Resolution to Accept Replacement Grave Markers as Gifts - It is the practice of the County to provide simple markers on graves in cemeteries under its jurisdiction and control. From time to time, members of the public wish to provide replacement markers for specific grave sites at their own expense. Replacement grave markers require donation to the County and are placed by the General Services Department. The recommended resolution authorizes the Director of General Services to accept donated grave markers based on the internal departmental policy provided for reference - action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 19. Resolution to Amend The Salary Ordinance - The following changes will increase the total County allocations by three (3) positions: PAGE 5 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/10/2012 Human Resources: The Human Resources Department is requesting to add a new classification titled, Supervisor, Client Services Specialist to Section 57, reference E (01/01/12) of the Salary Ordinance titled, ?Management, Confidential and Supervisory Unit (BCMEA)?. The salary range for this classification shall be set at 42 with a bi-weekly salary of $1,577.13-$2,113.50. This new classification was agreed to by both the Department of Human Resources and the applicable Employee Association. In addition the Human Resources Department is requesting to add the classifications of Client Services Specialist, Senior and Client Services Specialist to Section 57, reference C of the Salary Ordinance titled, "BCEA-General Unit". The salary range for the Client Service Specialist, Senior shall be set at 36 with a bi-weekly salary of$1,333.34 -$1,786.80.The salary range for the Client Service Specialist shall be set at 30 with a bi-weekly salary of $1,149.73 - $1,540.74. These new classifications were agreed to by both the Department of Human Resources and the applicable Employee Association. Public Health: Concurrent with the request by Human Resources above,the Public Health Department is requesting to reclassify the following positions: one (1) position of Supervisor, Support Services to Supervisor, Client Services Specialist; one (1) position of Employment & Eligibility Specialist to Client Services Specialist; two (2) Medical Records Technician, Senior to Client Services Specialist and; one (1) Medical Records Technician to Client Services Specialist. In 2008/09, the State implemented capped allocations that reduced funding and staffing for California Children's Services (CCS) case management services within Public Health. The department adjusted to this reduction by implementing a team approach which involved additional duties being assigned to support staff to assist PH nurses in case management. The requested reclassification recognizes the additional job duties being performed by CCS staff. This change will allow the Department to remain within staffing and funding allocations established by the State while continuing to meet the medical care needs of the County's most disabled children. There is no impact on County general funds and will leave the total allocations in the department unchanged. These reclassifications were agreed to by both the applicable Employee Associations and the Human Resources Department. Sheriff-Coroner: The Sheriff's Office is requesting to add one (1) position of Sheriff's Sergeant with a sunset date of June 30, 2013. The Sheriff's Office received $322,856 in Multi-Jurisdictional Methamphetamine Enforcement Team (CalMmet) funding to fund a methamphetamine task force to fight illicit drugs.This funding is anticipated to last for a minimum of two (2)fiscal years.This change will increase the total allocations in the department by one (1) and is fully funded by State CalMmet funds. District Attorney: The District Attorney's Office is requesting to add one (1) flexibly staffed position of Office Specialist, Senior/Office Specialist/Office Assistant with a sunset date of June 30, 2012. With the transfer of the Victim Witness Program to the District Attorney approved at the last Board meeting, a safety position (Probation Officer III) was eliminated with the intent to add two non-safety positions in its place in the future. This item today adds one of the two non-safety positions and the second position will come to the Board at a future date. This change will increase the allocations in the department by one (1) and is funded with State Victim Witness funds. General Services: The General Services Department is requesting to add one (1) Project Manager, Capital Improvement with a term date of June 30, 2012. Subsequent to the approval of the General Services 2011-2012 operating budget, events developed that necessitate completion of several new and previously pending projects. Key projects that were not included in the General Services staffing PAGE 6 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/10/2012 allocation, but are now necessary include the Public Safety Day Reporting Center, the Victim Witness remodel and relocating the Child Support Services Department, the Public Health WIC program and portion of the Chico Behavioral Health offices. No additional funding is necessary and it is the intent of the department to complete these projects by the end of the fiscal year at which time the position would be eliminated. This change will increase the total allocations in the department by one (1). The position is fully funded in the project budgets so no new funding is required. These changes will have no unbudgeted impacts on the County General Fund - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 20. Budget Adjustment - Government Code Section 12950.1 requires the County to provide Sexual Harassment Prevention Training to certain classifications of employees. Currently, the required training is provided by staff in the Human Resources (HR) Department. Due to growing workloads, HR needed to find a more cost effective route for providing the mandated training, which requires 150+ hours of staff time over a two-year period to provide 25 training sessions for approximately 450 employees. HR reviewed various on-line options and has chosen ELT's on-line training for the County. A one-time budget adjustment is necessary to provide for the up-front costs of $17,035 to implement the training in the current year (which covers a content fee of$12,780 and the first annual license and maintenance fee of$4,255). Future annual costs of$4,255 will be covered in HR's budget. The budget adjustment to HR will allow the costs to be allocated appropriately throughout the County in the Cost-Allocation Plan. This action transfers existing appropriations in the Administration Department to the Human Resources Department. By expending these funds,there will be $17,035 less in departmental savings to be used to fund the budget in the next fiscal year - action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required). 21. Contract Change Order No. 2 and Notice of Completion for Lincoln Boulevard Median Improvement Project, County Project No. 18491-2008-1 - In January of 2011, Franklin Construction, Inc. of Chico, CA was awarded the Lincoln Boulevard Median Improvement contract in the amount of $883,998.00. This Contract Change Order (CCO) compensates the contractor for extra work that was performed at force account, increases and decreases the Engineer's estimate to reflect the actual quantities used, and changes the originally specified cement slurry cobble hardscape to colored concrete stamped cobble. The final part of the CCO is an adjustment of compensation for materials ordered but not used. The work consisted of removal of the existing concrete median curb, removal of existing storm drain facilities and removal of abandoned rail road tracks; installation of new storm drain facilities, construction of new median curbs with colored concrete stamped cobble, application of a microsurfacing treatment and the placement of thermoplastic striping, thermoplastic pavement markings and retroreflective pavement markers. All contract work has been completed. The fiscal impact is an increase in compensation to the contractor of $37,728.11. There is sufficient funding available through the department budget to cover this change order - action requested - 1) APPROVE CONTRACT CHANGE ORDER NO. 2 FOR AN INCREASE AMOUNT OF $37,728.11 AND AUTHORIZE THE CHAIR TO SIGN. AND 2) ACCEPT THE CONTRACT WORK AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION FOR THE LINCOLN BOULEVARD MEDIAN IMPROVEMENT PROJECT, COUNTY PROJECT NO. 18491-2008-1. PAGE 7 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/10/2012 22. Resolution Recognizing Deputy Thomas Dryden Upon His Retirement from Butte County - action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 23. Budget Adjustment - The Sheriff's Office and Facilities Services identified a potential safety issue with the bunk bed design in the Jail Facility. Facilities Services has located a welding and fabrication company that will fabricate the necessary safety component and the Sheriff's Office will contract with the company, IMS Fabrication of Oroville. The estimated cost of this one-time project is $18,500 to be funded with Inmate Welfare Funds - action requested - APPROVE BUDGET ADJUSTMENT. (4/5 vote required) 24. Butte County Fair Association 2012 Budget - action requested - APPROVE THE BUTTE COUNTY FAIR ASSOCIATION BUDGET AND AUTHORIZE THE CHAIR TO SIGN. (Butte County Fair Association) 25. Local Child Care Planning Council (LPC) Membership Certification -The Butte County Office of Education submits for approval the LPC Certification Statement - action requested - ACCEPT AND APPROVE THE CERTIFICATION STATEMENT REGARDING COMPOSITION OF THE LOCAL CHILD CARE PLANNING COUNCIL AND AUTHORIZE THE CHAIR TO SIGN. (Local Child Care Planning Council) 26. Resolution Requesting Board of Supervisors Support for Butte County Fire Safe Council's Application for Sierra Nevada Conservancy Grant Funding -The Butte County Fire Safe Council requests a resolution of support for three applications by the Butte County Fire Safe Council to the Sierra Nevada Conservancy (SNC) grant funding for the following projects: 1) Construction of Forbestown Shaded Fuel Break - Phases 3 & 5 -The SNC has grant funding through the Prop. 84 Healthy Forest Program that targets the protection of the watersheds of the Sierras. The goal of this project is to protect the at-risk communities of Forbestown and Brownsville and the Feather River watershed; 2) Little Butte Creek Forest Health Project -This project is a partnership between USFS, the Paradise Irrigation District, and the Butte County Fire Safe Council and is located in the Little Butte Creek's watershed. The goal of this project is to enhance the forest ecosystem and increase watershed protection by thinning densely overstocked trees and brush; and 3) The Forest Health Chipper Program - The project purpose is to increase protection of watersheds and homes by creating landscape level fire adapted forests.- action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Butte County Fire Safe Council) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. (MOTION: YAMAGUCHI; SECOND: WAHL) VOTE: Motion APPROVED 5 -0 PAGE 8 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/10/2012 PUBLIC HEARINGS AND TIMED ITEMS 1201-004 9:30 a.m. -Timed Item - Pension Obligation Bond Payment Strategy - In 2004 the County of Butte issued pension obligation bonds (POB) to pay the California Public Employee Retirement System approximately $50 million for unfunded pension plan liabilities. Approximately $28 million of fixed rate bonds and approximately $22 million of variable rate bonds are still outstanding. The County has approximately$8 million in POB payment cash reserves, leaving a net principal liability of about $42 million plus interest costs that must be collected from County department budgets between now and 2034, the year the last bonds mature. A work team comprised of seven County department heads has worked with a municipal bond financial advisor to develop a pension obligation bond payment strategy. The POB payment strategy provides for a 5-year transition to a more steady, sustainable payment collection rate over the life of the bond issues - action requested -APPROVE PENSION OBLIGATION BOND PAYMENT STRATEGY. (Administration) GREG ITURRIA, CHIEF FINANCIAL OFFICER INTRODUCED THE ITEM. MOTION: I MOVE TO APPROVE PENSION OBLIGATION BOND PAYMENT STRATEGY. (MOTION: KIRK; SECOND:YAMAGUCHI) VOTE: Motion APPROVED 5 -0 1201-005 10:00 a.m. - Timed Item - Chico Innovation Scorecard - Recently, Grow-California hosted an informational presentation on the Chico Innovation Scorecard initiative and an award ceremony showcasing local innovative companies. In early 2011 Grow-California created an assessment tool for local leaders seeking an innovation-driven economic development solution: The Innovation Scorecard. The Scorecard measures a community's readiness to support innovative growth companies, and then provides a framework to enhance local innovation readiness. Jon Gregory, President/CEO of Grow-California, and Bob Linscheid, VP External Relations, will provide a presentation to the Board with information on the Innovation Scorecard concept and the Chico Merit Awards -action requested -ACCEPT FOR INFORMATION. (Supervisor Wahl) JOHN GREGORY AND BOB LINSCHEID PROVIDED REPORTS. THERE WAS NO BOARD ACTION. 1201-006 10:15 a.m. - Timed Item - Quarterly Status Report on the Implementation of the Butte County Regional Economic Development Strategy - On January 25, 2011 the Board of Supervisors approved the Butte County Regional Economic Development Strategy. The strategy provides a three year program of work based around key initiatives that include: grow existing businesses; ensure Butte County is a competitive location for new investment; create a sustainable reputation for the county; and improve the coordination of regional economic development resources and efforts. Per the Board's request, staff is providing a quarterly status report of the implementation of the Butte County Regional Economic Development Strategy - action requested - ACCEPT FOR INFORMATION. (Administration) PAGE 9 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/10/2012 JENNIFER MACARTHY, ECONOMIC AND COMMUNITY DEVELOPMENT MANAGER PROVIDED A REPORT. THERE WAS NO BOARD ACTION. 1201-007 10:40 a.m. - Timed Item - Reconsideration of Marijuana Dispensaries Ordinance No. 4037 - California Elections Code Section 9144 requires that the Board of Supervisors reconsider ordinances protested by petition. The Board adopted the Marijuana Dispensaries Ordinance on October 25, 2011. The effective date of the ordinance would have been November 24, 2011, but a petition protesting the adoption of the Marijuana Dispensaries Ordinance was filed with the Clerk of the Board of Supervisors on November 22, 2011, and transferred to the County Clerk- Recorder/Registrar of Voters for signature verification. The County Clerk-Recorder has verified that there are sufficient valid signatures on the petition, as set forth in the Certification to Referendum Petition, therefore, the Marijuana Dispensaries Ordinance is legally suspended at this time. Pursuant to California Elections Code Section 9145,the Board has the option of either repealing the ordinance in its entirety or, by resolution, submitting the ordinance to the voters at the next regularly scheduled county election occurring not less than 88 days after the date of the Board's order or at a special election called specifically to vote on the ordinance at least 88 days after the order. If the ordinance is submitted to the voters, it would only become effective if a majority of voters voting on the ordinance voted in favor of it. If the Board directs the ordinance be submitted to the voters the Department will return to the Board at the next meeting with the appropriate resolution. The cost to the General Fund to submit the Ordinance to the voters at the June 5, 2012 Primary Election will be $50,000 or less -action requested - 1) REPEALTHE MARIJUANA DISPENSARIES ORDINANCE; -OR- 2) ORDER THE MARIJUANA DISPENSARIES ORDINANCE TO BE SUBMITTED TO THE VOTERS AT THE JUNE 5, 2012 PRIMARY ELECTION; -OR- 3) ORDER THE MARIJUANA DISPENSARIES ORDINANCE TO BE SUBMITTED TO THE VOTERS AT A SPECIAL ELECTION TO BE HELD NOT LESS THAN 88 DAYS AFTER THE DATE OF THE ORDER. (Clerk- Recorder) LAURIE CASSADY, ASSISTANT CLERK-RECORDER/REGISTRAR OF VOTERS PROVIDED A REPORT. BRUCE ALPERT, COUNTY COUNSEL ADDRESSED THE BOARD. THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: ?; MR. MCGEE; MR. WARD; RICHARD TOGNOLI; AND JOE DIDUCA. MOTION: I MOVE TO REPEAL THE MARIJUANA DISPENSARIES ORDINANCE. (MOTION: KIRK; SECOND: CONNELLY) VOTE: Motion APPROVED 5 -0 PAGE 10 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/10/2012 REGULAR AGENDA 1201-008 Boards, Commissions and Committees 1. Appointments to Listed Vacancies (NONE) 2. Election of Northern California Water Association (NCWA) Director - In accordance with NCWA bylaws, Butte County is entitled to nominate one candidate to serve on the NCWA Board of Directors for the 2012/2013 term. The nominee must be a member of the County Member class which consists of Board of Supervisors members from Butte, Sutter, Shasta and Tehama counties -action requested - NOMINATE ONE CANDIDATE AS NCWA DIRECTOR. MOTION: I MOVE TO NOMINATE BOB WILLIAMS FROM TEHAMA COUNTY AS NCWA DIRECTOR. (MOTION: CONNELLY; SECOND: KIRK ) VOTE: Motion APPROVED 5 -0 3. Board member or Committee Reports SUPERVISOR YAMAGUCHI REPORTED ON A FIRE SAFE COUNCIL MEETING. SUPERVISOR KIRK REPORTED ON A FORECLOSURE WORKSHOP HELD IN CHICO ON JANUARY 9. 1201-009 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT ON THE GOVERNOR'S PROPOSED STATE BUDGET. 1201-010 General Plan Follow-Up and Implementation by Director of Development Services. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT. 1201-011 Letters of Intent to Lease Table A - Butte County has an allocation for State Water Project (SWP) water of 27,500 acre feet per year referred to as the County's Table A. Currently the County is only able to use about 2,776 acre feet of Table A in-county, leaving 24,724 acre feet available for other uses outside of the county. Beginning in 2008, the DWR required the County to pay for its full Table A of 27,500 regardless of whether or not an in-county use was established. The cost of this water to the County in 2012 is $1,367,806, which is calculated at a rate of $49.74 per acre foot of water. In August 2010, the Board directed the Chief Administrative Officer to investigate the possibility of contracting with another SWP contractor to lease the County's excess Table A PAGE 11 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/10/2012 allocation. In December 2011, letters of intent (LOI) were submitted from Palmdale Water District and the Westside Districts to lease the excess Table A for Water Years 2012 through 2021. Under the terms of the LOI, Butte County would retain ownership of the Table A and, therefore, still be responsible for payment to DWR for the water. The payment for the lease would include the cost of the water to Butte County, dubbed the Delta Rate, which fluctuates from year to year plus an add-on of $50 per acre foot. The add-on would generate revenue of approximately $1.2 million annually for use by Butte County in addition to off-setting the payment to DWR for the water. Annual General Fund expenditure for payment to DWR to retain Table A water for future use will be off-set by revenue associated with these leases. Additional revenue associated with the add-on price will produce up to $1.2 million annually for use by Butte County - action requested - 1) AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF WATER AND RESOURCE CONSERVATION TO SIGN THE LETTERS OF INTENT WITH PALMDALE WATER DISTRICT AND THE WESTSIDE DISTRICTS. 2) DIRECT THE DEPARTMENT OF WATER AND RESOURCE CONSERVATION TO WORK WITH THE ASSOCIATED DISTRICTS AND DWR TO DEVELOP THE APPROPRIATE DOCUMENTS FOR THE LEASE OF THE COUNTY'S SURPLUS TABLE A ALLOCATION FOR WATER YEARS 2012 THROUGH 2021 TO PALMDALE WATER DISTRICT AND THE WESTSIDE DISTRICTS. (Administration) PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER INTRODUCED THIS ITEM. PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION AND VICKIE NEWLIN, ASSISTANT DIRECTOR PROVIDED REPORTS. JOHN SCOTT ADDRESSED THE BOARD. MOTION: I MOVE TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF WATER AND RESOURCE CONSERVATION TO SIGN THE LETTERS OF INTENT WITH PALMDALE WATER DISTRICT AND THE WESTSIDE DISTRICTS AND DIRECT THE DEPARTMENT OF WATER AND RESOURCE CONSERVATION TO WORK WITH THE ASSOCIATED DISTRICTS AND DWR TO DEVELOP THE APPROPRIATE DOCUMENTS FOR THE LEASE OF THE COUNTY'S SURPLUS TABLE A ALLOCATION FOR WATER YEARS 2012 THROUGH 2021 TO PALMDALE WATER DISTRICT AND THE WESTSIDE DISTRICTS. (MOTION:YAMAGUCHI; SECOND: CONNELLY) VOTE: Motion APPROVED 5 -0 1201-012 PUBLIC COMMENT (each speaker limited to five minutes) PAUL CARNER ADDRESSED THE BOARD. RECESS: THE BOARD RECESSED AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND CONVENED AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD. PAGE 12 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/10/2012 IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD JANUARY 10, 2012 MINUTES CALL TO ORDER—Butte Board of Supervisors Room, 25 County Center Drive, Oroville Members present: Connelly, Wahl, Kirk, Lambert and Yamaguchi 1201-001 CONSENT AGENDA 1. Resolution Amending In-Home Supportive Services (IHSS) Public Authority Salary Plan for Classified Positions -The Department of Human Resources is requesting to amend the Salary Plan for Classified Positions for the Butte County IHSS Public Authority to include the 2% wage adjustment that was included in their individual contract amendments approved by the IHSS Public Authority Board on September 27, 2011. This increase was given to help offset the employees paying their portion of the PERS Retirement Contribution.This item is required to bring consistency between the IHSS Salary Plan for classified positions and the approved individual contracts. This change is to be effective the pay period including January 1, 2012. The fiscal impact is a 2% wage increase for the four classifications listed on the IHSS Salary Plan for classified positions offset by the additional PERS contribution paid by employees -action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: YAMAGUCHI; SECOND:WAHL) VOTE: Motion APPROVED 5 -0 Closed Session (None) PUBLIC COMMENT (each speaker limited to five minutes) (NONE) Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law,the Board of Supervisors is prohibited from taking action on any item not listed on the agenda. Adjournment Adjourn as the Butte County In-Home Supportive Services Public Authority Board and reconvene as the Butte County Board of Supervisors. PAGE 13 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/10/2012 1201-013 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS: 7.01 ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a): 3 CASES 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO SUPERIOR COURT CASE NO. 016338; 3. COUNTY OF BUTTE, COUNTY OF PLUMAS V. DEPARTMENT OF WATER RESOURCES, YOLO CO. SUP. CT CASE NO: CV09-1258. 7.02 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: JACK HUGHES& BRIAN RING EMPLOYEE ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA, DSA- MANAGEMENT/SUPERVISORY UNIT, DSA-GENERAL UNIT, BCCOA-SUPERVISORY UNIT, BCCOA-GENERAL UNIT. 7.03 PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT, PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF PROBATION OFFICER. 7.04 PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANTTO GOVERNMENT CODE SECTION 54957: INTERIM LIBRARY DIRECTOR. THERE WERE NO ANNOUNCEMENT FROM CLOSED SESSION THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD THE MEETING WAS ADJOURNED AND WILL RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD JANUARY 24, 2012. PAGE 14