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HomeMy WebLinkAboutM011315 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 01/13/2015 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 Teeter Pledge of Allegiance to the Flag of the United States of America. Observation of a Moment of Silence. BOARD OF SUPERVISORS ORGANIZATION FOR 2015 Election of Board Chair and Election of Board Vice-Chair MOTION: I NOMINATE SUPERVISOR TEETER AS CHAIR. (MOTION: KIRK; SECOND: LAMBERT) MOTION: I NOMINATE SUPERVISOR KIRK AS VICE-CHAIR. (MOTION: CONNELLY; SECOND: LAMBERT) (CLERK'S NOTE:THE BOARD CHOOSE TO VOTE ONE TIME FOR BOTH OF THE ABOVE MOTIONS) VOTE: Motions APPROVED 5 -0 CORRECTIONS AND/OR CHANGES TO THE AGENDA. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, READ A CORRECTION FOR ITEM 3.20 INTO THE RECORD. THE CORRECTION HAS BEEN MADE TO THAT ITEM AND IS REFLECTED IN THIS DOCUMENT. CONSENT AGENDA 3.01 Approval of Behavioral Health Board Member Appointments - The Butte County Behavioral Health Board (BHB) requests approval to reappoint the following individuals on the BHB: Jerald Lea, family member; Salvador Ventura, community member; and Butch Hastaran, consumer member. Their first term memberships end December 31, 2014; and their reappointment to a second term will end on December 31, 2017. The BHB requests approval to appoint Lieutenant Alan Smith to fill the vacant law enforcement position, with the term ending on December 31, 2017 - action requested - MAKE APPOINTMENTS. (Behavioral Health) 3.02 Agreement with Victor Treatment Centers, Inc. - Amendment A - Victor Treatment Centers, Inc. (VTC) provides a living environment for severely emotionally disturbed children, ages 8 through 18, who are not able to succeed in family situations, foster homes, group homes, and/or lower levels of care. The youth served by VTC have significant mental, behavioral and/or emotional disorders that result in the need for 24-hour supervision in conjunction with intensive mental health services. Approval is requested to amend the agreement with VTC to provide additional mental health services to Butte BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 1/13/2015 County youth who meet the standards of medical necessity. The increase is due to additional youth placements.The term of this agreement will remain July 1, 2014 through June 30, 2015 with no change to the rates. The maximum financial obligation under this agreement shall not exceed $59,999.67 (this is an increase of $27,002.02 for Fiscal Year (FY) 2014-15) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) 3.03 District 2 Appointments - Supervisor Wahl submits the following nominations as District 2 Representatives: Roger Hart to the Butte County Housing Authority Board; and Moria Vinay to the Butte County Fair Board. Terms will end January 7, 2019 - action requested - MAKE APPOINTMENTS. (Board of Supervisors) 3.04 District 3 Reappointments - Supervisor Kirk submits the following nominations as District 3 Representatives: John Nock to the Butte County Agricultural Advisory Committee; Ed McLaughlin to the Code Enforcement Advisory Board; Kent Alswede to the Butte County Fair Board; Andy Wood to the Butte County Fish and Game Commission; Laura Moravec to the Butte County Housing Authority Board; Colleen Hatfield to Butte County Resource Conservation District; George "Ernie" Washington to the Butte County Water Commission; Chuck Lohse to the Economic Development Corporation of Butte County; and Jim Cusick to the Surface Mining Aggregate Operations Committee. All terms will end January 7, 2019 -action requested - MAKE APPOINTMENTS. (Board of Supervisors) 3.05 District 5 Appointment to the Butte County Planning Commission - Supervisor Teeter submits his nomination to appoint Phil John as District 5 Representative to the Planning Commission to fill the remainder of the term vacated by Alan White. The term will end January 2, 2017 - action requested - MAKE APPOINTMENT. (Board of Supervisors) 3.06 Amendment to Agreements with Butte County Indigent Defense Services Consortium of Attorneys - The County of Butte provides for indigent defense services by contracting with a consortium of attorneys who provide a full range of public defender services. The current contracts with the Butte County Indigent Defense Services consortium expired on December 31, 2014, and Board approval is requested for amendments to the current agreements that will extend the terms for 3 months (to 3/31/2015) to allow the County and consortium additional time to develop successor contracts. The previous contract language is being thoroughly reviewed and updated as needed. Additionally, the old contracts were in a non-standard format for the County, and additional time is needed to negotiate, revise and conform the agreement language to the County's standard contract template form. The proposed amendments extend the terms of the agreements for the 15 full-time and 5 part-time attorneys at the same rate of pay, with all other terms and conditions remaining unchanged - action requested - APPROVE AGREEMENT AMENDMENTS (20) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Chief Administrative Office) 3.07 Resolutions Supporting Reauthorization of SRS and PILT Funding - In December 2014, Congress approved $450 million in Federal Payment in Lieu of Taxes (PILT) funding to local governments for Federal Fiscal Year 2015. While this was good news, Congress failed to reauthorize PILT funding for future years. In addition, Congress did not reauthorize the Secure Rural Schools and Community Self- Determination Act of 2000 (SRS) in the closing days of the 113th Congress. However, the new PAGE 2 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/13/2015 leadership in the House of Representatives has pledged to reform federal forestry policy in the first 90- days of the 114th Congress, which will likely include some aspect of SRS reauthorization, and stated that "enacting an extension to the Secure Rural Schools program is going to be an early priority for next year." Since it is unclear at this time what course of action the U.S. Senate will take with respect to forestry reform and/or reauthorization of SRS, the Board of Supervisors is requested to approve resolutions requesting reauthorization of both federal funding sources - action requested - APPROVE RESOLUTIONS (2)AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office) 3.08 Approval with Butte County Association of Governments to Pay County's Share of Federal Representation Costs - For over a decade, Butte County has contracted with the Ferguson Group, LLC to assist with federal representation in Washington, DC. During the same period, the Butte County Association of Governments (BCAG), of which Butte County is a member, has also used the Ferguson Group for its federal representation. Since the two agencies often pursue similar federal funding, the two agencies agreed to have one contract for Federal Fiscal Year 2015 and share the cost of federal representation instead of paying for two separate contracts, thereby saving money for both agencies. Approval is requested for an agreement with BCAG to pay the County's share of the agreement with the Ferguson Group. The County share of the the agreement is 50%, or $60,000, plus $7,500 for additional work the Ferguson Group will perform for the County in agriculture/flood protection work for a total of $67,500. The term of the agreement is October 1, 2014 to September 30, 2015 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Chief Administrative Office) 3.09 Approval of Minutes - action requested - APPROVE DECEMBER 9, 2014 BOARD OF SUPERVISORS MINUTES. (Chief Administrative Office) 3.10 Authorization to Execute a Quit Claim Deed to Remove the County's Reversionary Interest in State Owned Real Property - On June 6, 1933, the Board of Supervisors by resolution confirmed the sale of County owned real property identified as a portion of Assessor's parcel number 031-040-015-000; commonly referred to as Cal Fire Butte Unit - Station 63 - Oroville with a street address of 176 Nelson Avenue, Oroville, California 95965 to the State of California with the provision that the real property would revert to the County if it ceased to be used for fire protection purposes. Subsequently,the Deed with a reversionary clause was recorded on September 15, 1933 in Volume 7, Page 268 of the Official records of the County of Butte. Now, the State desires to reconstruct Fire Station Headquarters using State bond financing that requires the land to be free of any deed restrictions including reversionary clauses. Staff recommends that the Board adopt a resolution to approve the State's request to release the County's reversionary interest and remove the deed restriction by authorizing the execution of the Quit Claim Deed to allow the proposed project to move forward - action requested - 1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) AUTHORIZE THE DIRECTOR - GENERAL SERVICES TO EXECUTE THE QUIT CLAIM DEED ON BEHALF OF THE BOARD OF SUPERVISORS. (General Services) 3.11 Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance for the following departments: Behavioral Health, General Services, Public Works, Administration,Treasurer Tax-Collector and Human Resources PAGE 3 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 1/13/2015 BEHAVIORAL HEALTH:The Behavioral Health Department is requesting to delete one (1)vacant flexibly staffed position of Behavioral Health Clinician and one (1)vacant flexibly staffed position of Supervisor, Nurse. In addition the department requests to add one (1) position of Quality Assurance Coordinator and one (1) position of Supervisor, Mental Health Clinician. These changes allow for increased oversight of departmental compliance and quality due to ongoing changes in the State and Federal regulations and due to the Affordable Care Act requirements. Any increase in costs associated with this change is covered in the department's FY 2014-15 budget.This change will leave the total allocations in the department unchanged and will have no fiscal impact on the County General Fund. GENERAL SERVICES: In the FY 2014-15 budget, General Services requested the deletion of one (1) flexibly staffed Administrative Analyst, Senior/Administrative Analyst/Administrative Analyst, Associate position effective March 15, 2015. However, in an effort to complete a project on behalf of the department,the incumbent will not be vacating the position until the beginning of April 2015. The department is therefore requesting the position be extended until April 10, 2015, and then deleted at that time. This change will leave the total allocations in the department unchanged and will have no additional fiscal impact on the County General Fund. PUBLIC WORKS:The Public Works Department is requesting to delete one (1)vacant position of Survey Party Chief and add one (1) position of Surveyor, Assistant or Surveyor, Associate. This change will better meet the current and future operational needs of the department. This change will leave the total allocation in the department unchanged and have no fiscal impact on the County General Fund. HUMAN RESOURCES:The Human Resources Department is requesting the following changes to Section 57, Reference E (Effective 12/20/14-2%) of the Salary Ordinance titled, Butte County Management and Supervisory Unit: 1) Add classification of Supervisor, Property Tax (Range 47); 2) Delete the classifications of Property Tax Supervising Accounting Specialist, Supervisor Central Collections Accounting and Administrative Support, and Supervisor, Taxes and Staff Services. In addition and in conjunction with Treasurer Tax-Collector's request below,the department is requesting to increase the salary range for the Supervisor, Central Collections from Range 47 to Range 53. The job specification for this position has been significantly amended which increased the essential functions and requirements to a much higher level that was needed by the department with the new structure. These changes are all being made as part of a restructuring/reclassification of duties and functions in the Treasurer-Tax Collector's Department and have been agreed to by both Human Resources and the applicable employee group. In addition the department is requesting to delete the following classifications from Section 57, Reference E (Effective 12/20/14-2%) of the Salary Ordinance titled, Butte County Management and Supervisory Unit: 1) Risk Management Analyst, Senior; and 2) Risk Management Analyst. These changes are all being made as part of a restructuring/reclassification of duties and functions in the Administration Department and have been agreed to by both Human Resources and the applicable employee group. ADMINISTRATION: Concurrent with Human Resources request above, the Administration department is requesting to reclassify one (1) position of Risk Management Analyst; one (1) position of Risk PAGE 4 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 1/13/2015 Management Analyst, Senior; and one (1) position of Financial Analyst to Management Analyst, Associate; Management Analyst; and Management Analyst respectively. The incumbent in the Risk Management Analyst allocation will be Y-Rated and placed into the Management Analyst, Associate classification. The Risk Management Analyst, Senior will be moved into the Management Analyst classification resulting in an approximate 2.5% increase. The Financial Analyst will be moved into the Management Analyst classification which is the same salary range.These changes are all being made as part of a restructuring/reclassification of duties and functions in the Administration Department and have been agreed to by both Human Resources and the applicable employee group. Any increase in costs associated with these changes are covered in the department's FY 2014-15 budget. These changes will leave the total allocations in the department unchanged and will have no additional fiscal impact on the County General Fund. TREASURER TAX-COLLECTOR: Concurrent with Human Resources request above, the Treasurer-Tax Collector's Department is requesting to delete one (1) vacant position of Supervisor- Taxes & Staff Services; reclassify one (1) position of Property Tax Supervising Accounting Specialist to Supervisor, Property Tax; and reclassify one (1) position of Supervisor Central Collections Accounting and Administrative Support to Supervisor, Central Collections. This change will streamline the supervisory structure in the Property Tax and Central Collections divisions and reduce the management personnel in the department by one (1) FTE. In exchange, the department is requesting the addition of two (2) flexibly staffed positions of Account Clerk, Senior/Accounting Specialist/Financial Technician. Additional support staff is necessary to address workload issues resulting from the limits placed on the use of extra help and the implementation of the new Victim Restitution Collection and Disbursement Program. Any increase in costs associated with these changes are covered in the department's FY 2014-15 budget.These changes will increase the total allocations in the department by one (1) and will have no additional fiscal impact on the County General Fund - action requested - ADOPT THE RESOLUTION AMENDING THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.12 Employment Contract - Chief Probation Officer - Board approval of employment contract with Steven Bordin, Chief Probation Officer is requested. The salary of the position is $138,409, which is a five (5) percent increase over the prior term. The term of this contract is three (3) years, beginning February 27, 2015 and terminating February 26, 2018 -action requested -APPROVE CONTRACT AND AUTHORIZE CHAIR TO SIGN. (Human Resources) 3.13 Community Recidivism Reduction Grant Appropriation - On September 9, 2014 the Board of Supervisors authorized the Community Corrections Partnership (CCP), through the Chief Probation Officer to submit a letter of interest to the California Board of State and Community Corrections (BSCC) to receive $50,000 in funding to develop a competitive grant program intended to fund community recidivism and crime reduction services in Butte County. Authorization by the Board was also granted to develop and administer the grant program. Since that time, the letter of intent was submitted, and the County has received $50,000 to fund the program. Approval is requested to appropriate the funds into the Probation budget - action requested - APPROVE BUDGET ADJUSTMENT. (4/5 vote required) (Probation) 3.14 Resolution Changing Title of Special Projects Fund for Juvenile Hall - In 1992, the Board of Supervisors PAGE 5 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 1/13/2015 passed Butte County Resolution No. 92-47, establishing a Recreation, Education, and Special Projects Fund for Butte County Juvenile Hall, and in 2001, passed Butte County Resolution No. 01-088, which approved using Welfare and Institutions Code 873 to provide detailed operational guidelines for the Fund. Probation requests to change the title from Recreation, Education, and Special Projects Fund to Ward Welfare Fund. This change will reflect the title referenced in Welfare and Institutions Code 873 and provide greater clarity within the County's accounting structure - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Probation) 3.15 Prior Year Fixed Asset Crane Truck Budget - In FY 2013-14, the Board of Supervisors approved the capital asset purchase of a crane truck for $300,000. On December 3, 2013, a purchase order for $194,631.73 was issued to Altec Inc. The purchase was a special order and the build-out/delivery process was delayed into FY 2014-15. Requested is an approval of a budget adjustment approving the purchase of the crane truck in the current fiscal year - action requested - APPROVE BUDGET ADJUSTMENT. (4/5 vote required) (Public Works) 3.16 Use of Fund Balance for County Service Area (CSA) 21 Zone 1 and CSA 141 for Increased State Waste Discharge Permit Fees - The State Water Resources Control Board requires an annual permit fee for waste discharge requirements on sewer systems per Section 13260 of the California Water Code. The State's fee increase of 7.6% from last year's fee schedule was not adopted until after the County's budgets for the County Service Areas were finalized. The amount of the increased State permit fees were not anticipated and budgeted, so current appropriations are not sufficient. Requested is a budget adjustment to use fund balance ($650 for CSA 21 Zone 1 and $515 for CSA 141) to provide enough appropriation for the permit fees - action requested - APPROVE BUDGET ADJUSTMENT. (4/5 vote required) (Public Works) 3.17 Agreement Between Public Works and Public Health Departments for Non-infrastructure SRTS Grant Services - The Public Works Department, with the input of the Public Health Department, applied for and was awarded a $941,400 Cycle 3 Federal Highway Administration (FHWA) Safe Routes to School (SRTS) grant for the Oakdale Heights Elementary School in the vicinity of Las Plumas and Walmer Avenues in the South Oroville. The proposed pedestrian safety improvements include extensive new curb, gutter, sidewalk, tie-in paving, driveways, drainage, ADA access ramps, crosswalks, signing and striping, and actuated electronic driver feedback and school crossing signage. In addition, the SRTS grant requires non-infrastructure and evaluation components that were proposed in the amount of $80,100 for providing multi-year on-site school and neighborhood education, training, travel, safety, and security plans and programs to supplement and sustain the benefit of the public works improvements to be installed. Included in that amount are mandatory before and after evaluation surveys of the utility of the proposed improvements and safety programs to be conducted by Public Health staff for submittal to the FHWA for their SRTS database. The Public Health Department has already established a rapport with the school's student body, staff, and parents through a series of previously ongoing public health and safety programs. The additional program requirements for the non-infrastructure component of the SRTS grant naturally dovetail into this association such that each department's goals and responsibilities would be enhanced by allowing the Public Health Department to administer and oversee the non-infrastructure and evaluation programs of the SRTS grant. The term of the agreement is from January 13, 2015 to June 30, 2017 - action requested - APPROVE THE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY PAGE 6 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 1/13/2015 COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Works) 3.18 Jail and Juvenile Hall Medical Services Contract - The Sheriff's Office and Probation Department completed a Request for Proposal (RFP) for Jail and Juvenile Hall inmate/ward medical services. The RFP resulted in two responses, California Forensics Medical Group (CFMG) and Correct Care Solutions. Both companies were thoroughly considered by an evaluation panel who studied and discussed the responses. Although the cost of CFMG is 5%higher, CFMG was selected due to its extensive experience providing inmate medical services in the State of California and its knowledge of the unique challenges in providing inmate medical services within this state.The term of the proposed contract is three years with an option for two additional years. The first twelve-month's quote to the Sheriff's Office was $3,475,000 and Juvenile Hall is $387,580 but adjusted down for 13 days less service to $3,356,786 and $374,395 respectively. In future years, the annual cost of the contract is adjusted by the Medical Care Component of the Consumer Price Index for the San Francisco-Oakland Region, which is the same language in our current contract and customary in the industry. Due to the annual index being unknown years ahead, the total exact cost of the three-year contract cannot be determined at this time. In recent history, the index has been adjusted from a low of 1.1% in 2011 to a high of 5.77% in 2013.The average increase for the last six years was 3.05%- action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Sheriff) 3.19 Ecolab Pest Elimination Contract for Services - The Sheriff's Office utilizes the services of Ecolab for pest elimination. Eco Lab has consistently served the jail and Sheriff facilities as the requirements to enter the jail are stringent and cannot be met by all service providers.The Sheriff's Office is requesting two additional months of service to complete a required Request for Proposal process to ascertain if any other pest elimination companies can provide the service. Total cost for two additional months is $1,463 increasing the maximum payable on the contract to $30,569 through February 28, 2015 -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Sheriff) 3.20 Approval of Contract and Purchase of Property and Evidence Software System - On October 21, 2014, the Board of Supervisors approved the funding mechanism and request to purchase a capital asset for a new evidence property tracking system. The Sheriff's Office is now requesting approval of the contract for the acquisition of hardware, software and services from FileOnQ,the company selected to provide the tracking system for use in the Sheriff's Office Evidence Bureau. The new system allows for data entry at any computer in the County network as well as system viewing capability for the District Attorney's Office which we anticipate will greatly reduce the amount of paper and CD copying currently performed by staff. FileOnQ will conduct data conversion from our current property tracking system to the new system, install the new software on Sheriff computers, conduct staff training and provide system maintenance. The term of the contract is three years to include system maintenance in outlying years. The iRitial PWFGiaseP,mee is $54,000. 7722. The initial purchase price is $59,175 to include three years of maintenance - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Sheriff) THE CORRECTION SHOWN ABOVE WAS READ INTO RECORD BY THE CHIEF ADMINISTRATIVE OFFICER. PAGE 7 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 1/13/2015 3.21 Retirement Resolution, Jail Lieutenant Bryan Flicker - Resolution in recognition of Lieutenant Bryan Flicker upon his retirement from the Butte County Sheriff's Office after 26 Years of service to the Citizens of Butte County - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff) LT. FLICKER ACCEPTED THE RESOLUTION. SHERIFF KORY HONEA ADDRESSED THE BOARD AND THANKED LT. FLICKER FOR HIS SERVICE. 3.22 Water Commission Report on Sites Reservoir - On August 2013, the Chair of the Butte County Water Commission appointed a subcommittee to investigate the proposed Sites Reservoir storage project, planned to be located in the Sites Valley in Colusa County. The subcommittee presented its findings to the full Water Commission at the November 2014 meeting. At that time, the Commission voted to send the subcommittee report forward to the Board of Supervisors to inform the Board of its findings - action requested -ACCEPT FOR INFORMATION. (Water and Resource Conservation) 3.23 Water Advisory Committee Appointment- Little Chico Creek Watershed At-Large Representative -The Basin Management Objective ordinance (Chapter 33A of the Butte County Code) has provisions regarding the membership of the Water Advisory Committee (WAC) and how its members are appointed. The purpose of the WAC is to assist and advise the Department and the Water Commission on the Basin Management Objectives program pursuant to Butte County Code Chapter 33A. The WAC provides a venue to receive information on groundwater elevations, groundwater quality, land subsidence and BMOs within the County, consistent with the requirements of Butte County Code 33A- 7. The ordinance states that the WAC shall be appointed by the Board and be comprised of area- specific members with one (1) member appointed from each defined sub-inventory unit within the Sacramento Valley Groundwater Basin portion of the County; one at-large, non-voting member from each of the five incorporated municipalities; one at-large, non-voting member for each of the organized watershed groups; one at-large, non-voting member from the environmental community; and one at-large, non-voting member from the agricultural community. The Little Chico Creek Watershed representative on the Water Advisory Committee is vacant. Loretta Torres has been recommended by Supervisor Wahl to fill this vacancy - action requested - APPOINT LORETTA TORRES TO THE WATER ADVISORY COMMITTEE AS THE LITTLE CHICO CREEK WATERSHED AT-LARGE REPRESENTATIVE. (Water and Resource Conservation) 3.24 Local Child Care Planning Council (LPC) -The Butte County Office of Education (BOE) submits its annual request for Board of Supervisors' certification of the composition of the LPC. For informational purposes, the BOE has also provided the 2012-17 Butte County Child Care Needs Assessment for review - action requested - APPROVE MEMBERSHIP COMPOSITION OF THE LOCAL CHILD CARE PLANNING COUNCIL AND AUTHORIZE THE CHAIR TO SIGN THE CERTIFICATION STATEMENT. (Other Departments or Agencies) 3.25 Appointments to the Richvale Recreation and Park District -Three of the five Board of Directors'terms at the Richvale Recreation and Park District (District) ended December 5, 2014. Directors are elected by the voters within the District, however, no one filed a declaration of candidacy for the November 4, 2014 General Election to fill any of these positions. Government Code section 1780(f)(1) provides that PAGE 8 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 1/13/2015 the Board appoint a qualified person within 90 days of the date the District Board was notified of a vacancy or the effective date of the vacancy, whichever is later. It is requested the Board of Supervisors reappoint Mike Felkins and appoint Scott Smith and Paul Roles to 4-year terms to end December 7, 2018. The Elections Office has confirmed that each of the nominees reside within the District-action requested - MAKE APPOINTMENTS AS REQUESTED. (Board of Supervisors) This item (Item #3.25)was included on the Supplemental Agenda released on Friday,January 9, 2015. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE CORRECTION THAT WAS READ INTO RECORD FOR ITEM 3.20. (MOTION: KIRK; SECOND: CONNELLY) VOTE: Motion APPROVED 5 -0 REGULAR AGENDA 4.01 Boards, Commissions and Committees A. Appointments to Listed Vacancies MOTION: I MOVE TO APPOINT SHERRIE ROSEN TO THE PARADISE CEMETERY DISTRICT BOARD OF TRUSTEES. (MOTION: TEETER; SECOND: KIRK) MOTION: I MOVE TO REAPPOINT MARY KENNEDY TO THE PLANNING COMMISSION; DAVID SKINNER TO THE WATER COMMISSION AND JEFF WANEE TO THE LIBRARY ADVISORY BOARD. (MOTION: WAHL; SECOND: KIRK) (CLERK'S NOTE:THE BOARD CHOOSE TO VOTE ONE TIME ON BOTH OF THE ABOVE MOTIONS) VOTE: Motions APPROVED 5 -0 B. Board Member/Committee Reports and Board Member Comments (Pursuant to CA State law,the Board is prohibited from taking action on any item not listed on the agenda.) SUPERVISOR CONNELLY REPORTED THAT THE OROVILLE HOSPITAL IS NO LONGER A CERTIFIED TRAUMA CENTER. HE REPORTED ON QUARTERLY MEETINGS OF THE SIERRA SACRAMENTO EMS. SUPERVISOR WAHL REPORTED ON ENLOE HOSPITAL'S NEW HELICOPTER. HE REPORTED DEPUTY SHERIFF JAMES MARSHALL IS A PILOT FOR ENLOE IN HIS OFF-TIME. PAGE 9 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/13/2015 C. 2015 Board of Supervisors Committee Assignments-actions requested -1) APPOINT BOARD REPRESENTATIVE(S)TO COMMITTEES AS DETAILED IN THE COMMITTEE ASSIGNMENT TABLE; 2)ALTER ASSIGNMENTS, IF NEEDED; AND 3) DISBAND ANY COMMITTEE THAT IS NO LONGER NEEDED OR IF TASK IS COMPLETE. MOTION: I MOVE TO KEEP ALL COMMITTEE ASSIGNMENTS THE SAME AS THEY WERE LAST YEAR. (MOTION: CONNELLY; SECOND: KIRK) CLERK'S NOTE: THIS MOTION CONFIRMS ALL ASSIGNMENTS, AND SPECIFICALLY, THE FOLLOWING ASSIGNMENTS WHICH REQUIRED BOARD ACTION DUE TO TERM END DATES: 1) NATIONAL ASSOCIATION OF COUNTIES (NACO) - SUPERVISOR CONNELLY AS DELEGATE AND SUPERVISOR LAMBERT AS ALTERNATE (TERMS TO END 1/2016); 2) RURAL COUNTY REPRESENTATIVES OF CALIFORNIA (RCRC) - SUPERVISOR TEETER AS DELEGATE AND SUPERVISOR WAHL AS ALTERNATE (TERMS TO END 2/2016); AND 3)SIERRA NEVADA CONSERVANCY BOARD(SNCB)-SUPERVISOR TEETER AS REPRESENTATIVE AND SUPERVISOR CONNELLY AS ALTERNATE.(TERMS TO END 12/2015) VOTE: Motion APPROVED 5 -0 4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT ON THE STATE BUDGET. MR. HAHN REPORTED ON A PRESENTATION HE AND BILL MANNEL WILL BE MAKING TO THE CHICO CITY COUNCIL REGARDING THE GARBAGE COLLECTION FRANCHISES AND SERVICES PROVIDED AT THE NEAL ROAD WASTE AND RECYCLING FACILITY. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES AND CHRIS JELLISON, CODE ENFORCEMENT MANAGER PROVIDED A REPORT ON THE IMPLEMENTATION OF MEASURE A (MARIJUANA CULTIVATION) ENFORCEMENT. 4.03 Items Removed from the Consent Agenda for Board Consideration and Action. (NONE) PUBLIC HEARINGS AND TIMED ITEMS 5.01 9:45 a.m. - Timed Item - Presentation on the Final Mid & Upper Sacramento River Regional Flood Management Plan - The Mid & Upper Sacramento River Regional Flood Management Plan (MUSR RFMP) is a locally-driven assessment of regional flood management issues within the Mid Sacramento River Region and the Upper Sacramento River Region. The MUSR RFMP is a follow up to the 2012 Central Valley Flood Protection Plan (CVFPP) and will be used to inform the 2017 update of the CVFPP. The MUSR RFMP outlines the long-term vision for flood management in the regions and includes among other things, a description of the current flood management conditions, opportunities for improving flood management within the planning area, needed projects based upon priority, and a preliminary financing plan. An executive summary of the MUSR RFMP is attached. Members of the consultant team that prepared the MUSR RFMP will make a brief presentation about the plan focusing PAGE 10 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/13/2015 on the issues in Butte County. Should the Board wish to review the entire plan it can be found on the web site established for the project at http://musacrfmp.com - action requested - ACCEPT FOR INFORMATION. (Public Works) TOM FOSSUM, DEPUTY DIRECTOR OF PUBLIC WORKS, PROVIDED AN INTRODUCTION TO THIS ITEM. BARRY O'REGAN,THE CONSULTANT WHO PREPARED THE PLAN, PROVIDED THE REPORT TO THE BOARD. THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN. 5.02 10:00 a.m. -Open and Continue Public Hearing-Amendments to General Plan Agricultural Element, Chapter 24. Zoning Ordinance, and Chapter 35. Right-to-Farm Ordinance-General Plan Agriculture Element Policy AG-P5.3 has been amended to apply to Agriculture designations in the General Plan and to also include new Policies AG-P5.3.1 and AG-P5.3.2. Applicable sections of the Zoning Ordinance have been amended to provide setbacks in residential designations and zones for residential development adjacent to existing orchards and vineyards. The Zoning Ordinance has also been amended to allow interim agricultural uses in non-agricultural zones. A variety of other amendments are also directed at the Zoning Ordinance. Lastly, Chapter 35 of the Butte County Code, Protection of Agricultural Land ("Right-to-Farm") Ordinance, has been amended to extend the Right-to-Farm Ordinance to interim agricultural uses within non-agricultural (residential, commercial and industrial) designations and zones. An EIR Addendum to the previously Certified General Plan 2030 Environmental Impact Report (EIR) and Supplemental EIR for the amendment to the General Plan and the amendments to the Zoning Ordinance has been prepared consistent with the requirements of the California Environmental Quality Act (CEQA) -action requested -OPEN PUBLIC HEARING AND CONTINUE OPEN UNTIL JANUARY 27, 2015 AT 9:40 A.M. (Development Services) TIM SNELLINGS, DEVELOPMENT SERVICES DIRECTOR, PROVIDED A REPORT. HE INFORMED THE BOARD HE IS REQUESTING A CONTINUANCE ON THIS ITEM. THE ZONING CODE AMENDMENTS WILL BE THE ONLY SUBJECTS COMING FORWARD AT THE JANUARY 27 BOARD MEETING. THE GENERAL PLAN AMENDMENTS WILL COME FORWARD A LATER DATE. THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: MR. MCCLURE, PETE PETERSON, EMMETT JONES, BRUCE NICHOL(SP? - NO CARD SUBMITTED). MOTION: I MOVE TO OPEN PUBLIC HEARING AND CONTINUE OPEN UNTIL JANUARY 27, 2015 AT 9:40 A.M. (MOTION: CONNELLY; SECOND: LAMBERT) VOTE: Motion APPROVED 5—0 PAGE 11 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 1/13/2015 5.03 10:05 a.m. - Timed Item - Bakken Light Crude Oil Transportation - Rail shipment of light crude oil through Butte County has increased in recent years and is anticipated to significantly increase in the coming years. The Butte County Office of Emergency Management, along with the Butte County Fire Department and the HazMat team are preparing for potential incidents involving derailments or other unplanned releases of light crude oil. The Governor's Office of Emergency Services and the California Public Utilities Commission play a large role in creating a safer operating environment for rail transportation of light crude oil by requiring specific safety features and processes, as well as helping local government prepare for incidents. Staff requests Board of Supervisors' assistance in communicating local priorities to these agencies - action requested - AUTHORIZE CHAIR TO SIGN LETTERS TO THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES AND THE CALIFORNIA PUBLIC UTILITIES COMMISSION. (Administration/Fire) PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, INTRODUCED THIS ITEM. BATTALION CHIEF RUSS FOWLER WITH BUTTE COUNTY FIRE PROVIDED A REPORT TO THE BOARD. JOHN GULSERIAN, EMERGENCY SERVICES DIRECTOR, ALSO PROVIDED A REPORT. THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: DAVE GARCIA; GRACE MARVIN; KAREN DUNCANWOOD; JONI STELLAR; ROBYN DIFALCO; JOHN SCOTT; DOUG FOGEL; AND ROBERT EVERHARDT. MOTION: I MOVE TO AUTHORIZE THE CHAIR TO SIGN LETTERS AS AMENDED TODAY TO THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES AND THE CALIFORNIA PUBLIC UTILITIES COMMISSION. (MOTION: CONNELLY; SECOND: LAMBERT) VOTE: Motion APPROVED 5 -0 PUBLIC COMMENT(each speaker limited to five minutes) - NONE Recess Recess as the Butte County Board of Supervisors and convene as the In-Home Supportive Services Public Authority Board. PAGE 12 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 1/13/2015 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD MINUTES JANUARY 13,2015 1. CALLED TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Members present: Supervisors Connelly, Wahl, Kirk, Lambert and Teeter 2. CONSENTAGENDA 2.01 Resolution Designating the In-Home Supportive Services Public Authority as a HIPAA Hybrid Entity-The Public Authority (PA) and California United Healthcare Workers (CUHW) have agreed to modify the existing healthcare plan provided for many of the In Home Support Service (IHSS) providers. The new healthcare plan will meet the individual mandate required under the Affordable Care Act (ACA). The adoption of a plan that is compliant with the individual mandate under the ACA subjects the IHSS PA to Health Insurance Portability and Accountability Act (HIPAA) regulations in a limited capacity. IHSS PA business activities include functions covered and not covered by HIPAA, therefore, the IHSS PA meets the definition of a Hybrid Entity. The Director of the Department of Employment and Social Services requests that the In-Home Supportive Services Public Authority Board adopt a resolution designating the IHSS PA as a HIPAA Hybrid Entity - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE CORRECTION TO THE RESOLUTION AS READ INTO RECORD. (MOTION: KIRK; SECOND: CONNELLY) VOTE: Motion APPROVED 5 -0 3. REGULAR AGENDA (No Items) 4. PUBLICCOMMENT (NONE) 5. CLOSED SESSION -ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEM: CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATOR: CATHI GRAMS,JACK HUGHES& BRIAN RING EMPLOYEE ORGANIZATION: CUHW (This closed session was held contemporaneously with the Board of Supervisors closed session) THERE WERE NO ANNOUNCEMENTS FROM CLOSED SESSION. ADJOURNMENT Adjourned as the In-Home Supportive Services Public Authority Board and reconvened as the Butte County Board of Supervisors. PAGE 13 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 1/13/2015 Closed Session -ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS: 7.01 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) -4 CASES: a.THE STATE OF CALIFORNIA EX REL. DAVID SHERWIN V. OFFICE DEPOT, INC., AND DOES1-10; LOS ANGELES SUPERIOR COURT CASE NO. BC410135; b. DENISE RUSSELL V. COUNTY OF BUTTE;TOWN OF PARADISE; AND DOES 1-100; USDC-EASTERN CASE NO. 14-CV-00694 TLN CMK; c. KAREN YOUNG V. BUTTE COUNTY; WORKERS' COMPENSATION APPEALS BOARD LEGACY CASE NO. ADJ880652 (Claim Number: BUAI-549804); AND d. CYNTHIA KELLOGG; WORKER'S COMPENSATION CLAIM, CLAIM NUMBER: CBTE-80744. 7.02 CONFERENCE WITH LABOR NEGOTIATOR PURSUANTTO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: JACK HUGHES AND BRIAN RING EMPLOYEE ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA; DSA- MANAGEMENT/SUPERVISORY UNIT; DSA-GENERAL UNIT; BCCOA-SUPERVISORY UNIT; BCCOA-GENERAL UNIT; CONFIDENTIAL UNIT; PPOA- MANAGEMENT UNIT; NON-REPRESENTED UNIT; SKILLED TRADES UNIT THERE WERE NO ANNOUNCEMENTS 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 ON JANUARY 27, 2015 DOUG TEETER, CHAIR BUTTE COUNTY BOARD OF SUPERVISORS ATTEST: Paul Hahn, Chief Administrative Officer and Clerk of the Board PAGE 14