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HomeMy WebLinkAboutM012412 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/24/2012 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. 1202-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, REPORTED THAT ITEM 4.04 AUTHORIZATION TO ADVERTISE FOR BIDS TO CONSTRUCT A LEFT TURN POCKET ON LINCOLN BOULEVARD AT MYERS STREET WILL BE REMOVED FROM THE AGENDA TODAY. SUPERVISOR CONNELLY REQUESTED ITEM 3.26 (THE AGREEMENT WITH LUMOS AND ASSOCIATES) BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. 1202-002 CONSENT AGENDA 1. High Risk Inspections and Enforcement - The 2011/12 Pest Exclusion-High Risk Inspections and Enforcement Contract is a long-standing annual contract. The contract has been budgeted in the 2011/2012 adopted budget. This contract is to provide local funding assistance to carry out High Risk Pest Exclusion Work Plans that include activities such as increased special surveys at specialty markets, flea markets, commercial carriers that ship nursery stock, plant products, etc. The intent of the program is to intensify efforts to prevent the further introduction of exotic pests that have the potential to be detrimental to the economy of California, such as Medfly, Olive Fruit Fly, Red Imported Fire Ant, Hydrilla, Gypsy Moth, etc. Invoices will be submitted monthly to the Department of Food and Agriculture for reimbursement. The contract amount is $37,008.00 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Agriculture) 2. Housing Authority of the County of Butte (HACB) -The Butte County Department of Behavioral Health (BCDBH) requests approval from the Board of Supervisors to amend its agreement with HACB for U.S. Department of Housing and Urban Development (HUD) funded services. They provide housing assistance payments and/or deposits to landlords who rent housing to consumers participating in the Behavioral Health Homeless Mentally III Program. The long-term goal is for all consumers to maintain permanent housing as independently as possible. Under this agreement approximately 21 clients will be served at a cost of$6,224 per client. BCDBH will receive$29,160 in HUD grant funds for this agreement. There is 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 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/24/2012 AUDITOR-CONTROLLER;AND APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Behavioral Health) 3. Tri County Treatment -The Butte County Department of Behavioral Health (BCDBH) requests approval from the Board of Supervisors to renew its agreement with Tri County Treatment for Fiscal Year (FY) 2011/2012. Tri County will provide residential services and alcohol and drug free housing for clients referred by Butte County's Drug Court Program. Under this agreement, an estimated 15 clients will be served at a cost of$2,167.87 per client.The term of this agreement will be July 1, 2011 through June 30, 2012. The maximum financial obligation under this agreement shall not exceed $32,518.29. Funding is identified in the department budget utilizing grant funds. There is no impact to County General Fund - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 4. Youth for Change (YFC) - BCDBH requests approval from the Board of Supervisors to renew its agreement with YFC to provide short-term shelter care beds for Homeless Emergency Runaway Effort (HERE) Program youth. YFC will guarantee two beds per day for the entire contract period to be made available for either male or female clients, as determined by need. They will provide a total of 730 bed days (548 bed days in FY 2011/2012 and 182 bed days in FY 2012/2013) at a cost of $60 per bed per day. Under this agreemnt, approximately 47 clients are served at a cost of$931.92 per client. The term of this agreement shall be September 30, 2011 through September 29, 2012. The contract maximum shall be $43,800 broken down as follows: FY 2011/2012 - $32,880; FY 2012/2013 - $10,920. Funding is identified in the department budget utilizing grant funds. There is no impact to County General Fund - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 5. Behavioral Health Board Membership Renewal - The Behavioral Health Advisory Board requests the Board of Supervisors to reappoint Patricia Krause as a Community Member and Captain Andy Duch as Law Enforcement Representative. The new terms will end December 31, 2014 - action requested - MAKE APPOINTMENTS. (Behavioral Health) 6. First Responder Emergency Medical Services, Inc. - BCDBH requests approval from the Board of Supervisors to amend its agreement with First Responder Emergency Medical Services, Inc. This amendment will add additional funding for costs resulting from the increased need for emergent and non-emergent transports of BCDBH clients. The term of this agreement will be July 1, 2011 through June 30, 2012. The maximum financial obligation under this agreement shall not exceed $44,373.00 (this is an increase of $25,000.00 for Fiscal Year 2011/2012). This contract is within the FY 2011/2012 budget, utilizing realignment revenue and Mental Health Services Act funding.There is 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. (Behavioral Health) 7. Esplanade Enterprises - BCDBH requests approval from the Board of Supervisors to amend its agreement with Esplanade Enterprises, Inc., dba Merit Medi-Trans, Inc. This amendment will add additional funding for costs resulting from the increased need for non-emergent transports of BCDBH clients. The term of this agreement will be July 1, 2011 through June 30, 2012. The maximum financial obligation under this agreement shall not exceed $209,991.00 (this is an increase of $90,000.00 for FY PAGE 2 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/24/2012 2011/2012). This contract is within the FY 2011/2012 budget, utilizing realignment revenue and Mental Health Services Act funding. This 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. (Behavioral Health) 8. St. Helena Hospital Center for Behavioral Health and St. Helena Hospital - BCDBH requests approval from the Board of Supervisors to enter into an agreement with St. Helena Hospital Center for Behavioral Health and St. Helena Hospital for inpatient psychiatric services for clients referred by BCDBH.The term of this agreement will begin upon date of contract execution and will continue through June 30, 2012. Under this agreement approximately 35 clients will be served at St. Helena Hospital Center for Behavioral Health at a cost of $12,800 per client; and approximately 33 clients will be served at St. Helena Hospital at a cost of $7,392 per client. Butte County Realignment funding will be directly offset by DMH for hospital claims as they are processed. There is no impact to the County General Fund - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 9. Butte County Mosquito and Vector Control District - Supervisor Yamaguchi requests to reappoint Allan Seefeldt to the District 5 Trustee position on the Butte County Mosquito and Vector Control District Board. The term will end December 31, 2015 - action requested - MAKE APPOINTMENT. (Board of Supervisors) 10. Budget Adjustment - Butte County applied for and was awarded the Fiscal Year 2011 Emergency Management Performance Grant (EMPG). The grant includes $55,514 to fund equipment purchases. The grant funds require a dollar for dollar match and will be used to match funds in the Sheriff's budget to purchase a live voice recording system, portable radios and mobile radios. The Board of Supervisors approved the fixed asset purchase of the live voice recording system on September 13, 2011 funded completely by appropriations in the Sheriff's budget. With the award of grant funds, a budget adjustment is necessary to return 50% of the cost ($25,351) to the Sheriff's budget, with the remaining balance of grant funds appropriated in the Emergency Services budget to purchase the radios - action requested - APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Chief Administrative Office) 11. Relief from Accountability - Housing Rehabilitation Assistance Program - Discharge of Non-Performing Debt - Butte County funds the Housing Rehabilitation Assistance Program through Community Development Block Grant (CDBG) grant funds and CDBG Program Income which is generated through housing loan payments and payoffs. The Housing Rehabilitation Assistance Program operates according to the Program Guidelines (Guidelines) adopted by the Board of Supervisors and amended most recently by the Board on April 26, 2011. Per Guidelines, the County of Butte secures loans on real property with a Deed of Trust, and Mobile Homes with a Mobile Home Security Agreement. The Administration Department requests Relief from Accountability for loans that are in default and considered uncollectible based on either the County's lienholder position or the condition and value of the property.The client inventory of loans in default and considered uncollectible includes four loans on real property or mobile homes representing $71,720.12 in principal and interest or 4% of the outstanding loan portfolio. Account 93196, references a loan on a property scheduled for an Abandonment Hearing on January 27, 2012. Staff recommends the County enter into an agreement PAGE 3 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/24/2012 with The Oaks Senior Community to settle a portion of the rehabilitation debt prior to the Abandonment Hearing - action requested - APPROVE RELIEF FROM ACCOUNTABILITY FOR FOUR HOUSING REHABILITATION ASSISTANCE LOANS IN THE AMOUNT OF $71,120.12; AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICE TO ENTER INTO AN AGREEMENT WITH THE OAK SENIOR COMMUNITY TO SETTLE DEBT. (Chief Administrative Office) 12. Adoption of Resolution Regarding Benefits of Butte County Board of Supervisors Members and Introduction of an Ordinance Amending Ordinance 4025 - Board of Supervisors Member Compensation - In recognition of the poor economic climate at the Federal, State and local levels, and to reinforce good public policy that all employees will make contributions towards their retirement pension, the existing members of the Butte County Board of Supervisors agreed to phase in a portion of the payment of the employee contribution to CalPERS. The Resolution Regarding Benefits of Butte County Board of Supervisors Members continues applicable benefits as specified in Resolution 09-170 for existing Board Members and designates the 5% contribution to the employees' share of the CalPERS contribution for Board Members sworn into office on or after January 7, 2013. The amendment to Ordinance 4025, Board of Supervisors Member Compensation, amends Section 8 (Other Benefits)to reference the "most current Resolution Regarding Benefits of Butte County Board of Supervisors Members" to incorporate the new and separate resolution for Board Members - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND WAIVE THE FIRST READING OF THE ORDINANCE. (Chief Administrative Office) 13. Shaw Valenza LLP - Agreement to retain attorney services with Shaw Valenza LLP for representation of general labor law and employment issues. The term of the agreement is January 1, 2012 through December 31, 2013. Compensation ranges from $135/hour for paralegal time to $350/hour for Partner time. The sources of funds for this contract vary, depending upon which departments utilize the services - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (County Counsel) 14. Resolution Honoring the California Building Officials Association (CALBO) on the Occasion of its 50th Anniversary -The Department of Development Services requests the Board recognize CALBO's 50 years of service to county and city Building Officials throughout California - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) 15. Resolution Honoring the California County Planning Directors Association (CCPDA) on the Occasion of its 50th Anniversary -The Department of Development Services requests the Board recognize CCPDA's 50 years of service to county planning directors throughout California - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) 16. Butte County Department of Behavioral Health (BCDBH) - On June 28, 2011, the Board of Supervisors approved an agreement between BCDBH and the Department of Employment and Social Services (DESS) for the provision of alcohol and other drug, mental health, substance abuse, and domestic violence services for CalWORKs participants. The DESS and BCDBH are requesting the Board of Supervisors authorize Amendment One to the MOU due the availability of additional funds in the CalWORKs FY 2011/2012 allocation. The amendment increases the maximum amount payable by $69,704 for a total of$969,820. The additional funds will allow for an increase in the number of clients PAGE 4 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/24/2012 receiving services through this program. The additional funding for the amendment is funded entirely by the DESS CalWORKs Mental Health and Substance Abuse allocation. There is no impact to the General Fund - action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Employment and Social Services) 17. California Security Services, Inc - request to approve an amendment with Callifornia Security Services, Inc., DBA Elite Universal Security to provide security to DESS facilities. The scope of work includes services at the Oroville and Chico offices.The term of the agreement is being extended through June 30, 2012 with no change in rates. Extended lease negotiations for DESS facilities required the extension of this agreement until a competitive bidding process could be initiated for FY 2012/2013. The total amount of this agreement shall not exceed $1,151,787.44. Funding is included in the department budget utilizing state and federal funds. There is no impact to the General Fund - action requested - APPROVE AMENDMENT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Employment and Social Services) 18. Resolution Recognizing the Week of January 23 through January 27, 2012 as Employment and Eligibility Staff Recognition Week in Butte County - action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) 19. Notice of Completion for the Oroville Veterans Memorial Park Retaining Wall -On September 13, 2011, the Board of Supervisors authorized the award of contract X188891 - Oroville Veterans Memorial Park Retaining Wall to Wahlberg, Inc. for the installation of an engineered precast block retaining wall system. This retaining wall is a key component of the Oroville Veterans Memorial Park for all of Butte County, as it provides the foundation to the vista point overlooking the river to the north. The original contract, in the amount of $241,200, required one change order to address changes in the seismic building codes that occurred after the wall was designed. The $14,260 change order resulted in a final contract total of $255,460 for which there is sufficient appropriation already in the project budget. With the work complete, the County will pay the final 10% retention 35 days after filing this Notice of Completion with the County Recorder provided no liens have been filed. There is no fiscal impact to the General Fund, per an agreement with the Oroville Redevelopment Agency for reimbursement of a portion of the costs and funding from a Housing and Urban Development Grant the County received - action requested - RATIFY CONTRACT CHANGE ORDER NO. 1 IN THE AMOUNT OF $14,260; AND ACCEPT THE CONTRACT WORK AS COMPLETE AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION. (General Services) 20. The Department of Human Resources has prepared a resolution to amend the Salary Ordinance. These changes will increase the total County allocations by three (3) positions. Human Resources: The Human Resources Department is requesting to add the following classifications to the specified sections of the Salary Ordinance: 1) Victim Witness Coordinator 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 46 with a bi-weekly salary of$1,740.86-$2,332.91; 2) Sheriff Security Officer to Section 57, reference C of the Salary Ordinance titled, ?BCEA-General Unit?. The salary range for this classification shall be set at 32 with a bi-weekly salary of $1,207.94-$1,618.75; 3) Animal Control Dispatcher to Section 57, reference C of the Salary Ordinance titled, "BCEA-General Unit". The salary PAGE 5 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/24/2012 range for this classification 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. In addition,the department is requesting to re-title the following classifications: 1) Correctional Officer that is contained in Section 57a Butte County Correctional Officers Association- General Unit to Correctional Deputy and 2) Assistant Behavioral Health Director that is contained in Section 57k Non-Represented Classifications to Assistant Behavioral Health Director-Clinical Services. Along with this change the department requests to add the classification of Correctional Deputy Trainee to Section 57j Classification with Flat Rate Assignments of the Salary Ordinance. This position is an unrepresented classification and will have a flat rate of $1,318.25/biweekly. District Attorney: Concurrent with the request by Human Resources above, the District Attorney's Office is requesting to add one (1) position of Victim Witness Coordinator. The funding for this position was approved at the November 22, 2011 Board meeting with the transfer of the Victim Witness Program to the District Attorney's Office from the Probation Department. The salary range for this position is the same as the Probation Officer III classification that performed these duties when the program was part of the Probation Department. The new position was created for the District Attorney's Office due to the fact that the Probation Officer III classification is specific to the Probation Department. This change will increase the allocations in the department by one (1) and is fully funded with State Victim Witness funding. Sheriff-Coroner: Concurrent with the request by Human Resources above, the Sheriff's Office is requesting to add one (1) Sheriff Security Officer. A transition is underway on providing Court security services. Currently,the Sheriff provides some of the security services using State funds, and the Court provides other security services using their own State allocation. In FY 12-13, all security services will be performed by the Sheriff's Office, to be funded through funds from the Administrative Office of the Court. The Sheriff anticipates providing these services through a combination of the new Sheriff Security Officer position and existing Deputy Sheriff positions, the exact combination yet to be determined. Adding one of the Sheriff Security Officer positions now will allow for a smoother transition. The position will be funded in FY 11-12 by State funding savings created from temporarily holding four Deputy Sheriff positions vacant. Also, concurrent with part of Human Resources request above, the Sheriff's Office is requesting to change all of the Correctional Officer allocations to reflect the new Correctional Deputy title. This title change (no change in salary or duties) will bring the classification title in line with California Penal Code Section 830.1(c). These changes will increase the total allocations in the department by one (1), which will be funded by State funds. Public Health: Concurrent with the request by Human Resources above,the Public Health Department is requesting to add one (1) Animal Control Dispatcher. The department is requesting this addition to address operational needs for the Animal Control Division. The 2009/2010 Grand Jury report recommended the use of a dispatcher to increase officer safety. The addition of this position will allow officers and equipment to be dispatched in a timely, safe and efficient manner to both emergency and non- emergency calls. Funding for this new position is included in the FY 2011-12 approved budget for the department and will be funded by a combination of animal fees, CSA 164 and Public Health Realignment funding, therefore no additional funding is being requested. This change will increase the allocations in the department by one (1) position. Behavioral Health: Concurrent with part of Human Resources request above, the Behavioral Health Department is requesting to change the allocation of Assistant Behavioral Health Director to Assistant Behavioral Health Director-Clinical Services. This title change (no change in salary or duties) is being requested to better reflect the structure of the organization and to help attract a candidate pool with clinical experience when conducting recruitments for the classification. This change will leave the total allocations in the department unchanged - action PAGE 6 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/24/2012 requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 21. Access Information Management - The Probation Department currently uses Access Information Management (Contract X15384) to provide secure document shredding services. In order for the department to meet statutory requirements for record retention, there is an need for shredding services for the current fiscal year. Approval is requested for an amendment to the agreement to increase the maximum amount payable by $2,500 to $21,743.50, and revise the scope of services. The contract term through June 30, 2012 remains the same. The increased cost will be covered by appropriations within the current budget, no additional funding is requested - action requested - APPROVE AMENDMENT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Probation) 22. Dale Fry, Backgrounds and More -The Probation Department currently uses Dale Fry, Backgrounds and More (Contract X16492) to provide pre-employment background investigations for Probation and Juvenile Hall. With the implementation of the plan approved by the Butte County Community Corrections Partnership for the State's Public Safety Realignment (AB109), and the additional Probation staff included in the plan, the number of pre-employment background investigations has increased. Approval is requested for an amendment to the agreement to increase the maximum amount payable by $15,000 to $137,350. The contract term through June 30, 2012 remains intact. Funding for the increase in contract costs has already been appropriated within the department's current fiscal year budget with approval of Public Safety Realignment/AB109 Implementation during the September 27, 2011 Board meeting - action requested - APPROVE AMENDMENT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Probation) 23. David Ireland - The Probation Department currently uses David Ireland (Contract X17670) to provide informal psychological assessments ordered by the Court to facilitate the determination of potential treatment needs and options. Due to a significant increase in the number of Court-ordered mental health evaluations in the current fiscal year, additional services provided by Mr. Ireland are necessary. Approval is requested for an amendment to the agreement to extend the term of the contract through June 30, 2012 and increase the maximum amount payable by $10,000 to $34,000. The increased cost will be covered by funds provided by the Juvenile Justice Crime Prevention Act (JJCPA) - action requested - APPROVE AMENDMENT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Probation) 24. URS Corporation - In 2001, the Board of Supervisors adopted the "Nitrate Compliance Plan," which includes an Oversight and Monitoring Program for properties within the Chico Urban Area that have not connected to public sewer. The Oversight and Monitoring Program provides for the continued monitoring of Chico groundwater to document the effectiveness of nitrate reduction efforts. The previous contract with Broadbent, Inc.for groundwater sampling and monitoring has expired. Proposals were solicited in October, 2011 for groundwater monitoring services for fiscal years 2012-2014. Nine consultants responded, and URS Corporation has been selected as most qualified. The estimated cost of these services is $37,208. If approved, the contract will fund sampling and chemical analysis of groundwater from approximately 35 water wells and monitoring wells in Winter/Spring 2012, Fall 2012, Spring 2013, and Fall/Winter 2013 and will also fund periodic reports of the above mentioned monitoring events. Funding for this contract is provided through the CSA 114 Nitrate Compliance PAGE 7 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/24/2012 Program. There is no impact to the General Fund - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Probation) 25. Fixed Asset Purchase and Budget Adjustment - The Animal Control Division of Public Health will be expanding into additional space recently remodeled at 202 Mira Loma Drive in Oroville. Existing modular furniture will be utilized in reconfiguring the additional office area. In addition, new modular panels and work surfaces are required in order to rearrange the existing space and expand into the recently remodeled area. The estimated cost of the purchase is $22,000. Funding to purchase the modular furniture is available through realignment revenue. There is no impact to the General Fund - action requested - APPROVE FIXED ASSET PURCHASE AND BUDGET ADJUSTMENT (4/5 vote required). (Probation) 26. Budget Adjustment - County Service Area 21, Zone 1 (CSA 21, Zone 1), known as the Skansen Sewer, is located at the end of Spanish Gardens Drive, off the lower Skyway in the southeastern Chico area. This CSA consists of 34 parcels. Public Works provides the sewer maintenance services for this CSA which involves keeping the sewer main line clear and managing two septage ponds that are lined with clay. The ponds are used for evaporation of wastewater. Rodents and underlying cobble rock have compromised the clay layer of the ponds such that they are in need of repair. Public Works engineers have determined that additional clay needs to be added to and compacted within each pond. Requested is a budget adjustment of $5,000.00 from CSA 21, Zone 1 (Fund 0320) fund balance to pay for services provided by the Road Fund. There is no impact to the General Fund - action requested - APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Public Works) 27. Budget Adjustment - County Service Area 172 (CSA 172), known as the Autumn Park Subdivision, is located off of Garner Lane north of Kittyhawk Drive in the north Chico area. This CSA consists of 45 parcels. Public Works provides drainage maintenance services within the subdivision which involves keeping the detention pond and drainage inlets clear of weeds and debris. High winds earlier this year damaged the fence surrounding the detention pond necessitating repairs that were not budgeted for and has created a deficit in the maintenance budget. Anticipated ongoing drainage maintenance will consist of detention pond weed abatement in the spring and early summer. Requested is a budget adjustment of $1,500.00 from CSA 172 fund balance to pay for services provided by the Road Fund. There is no impact to the General Fund - action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Public Works) 28. Budget Adjustment - The Sheriff's Office maintains a Sheriff-Coroner Evidence trust account that secures funds that were seized, recovered or found. In most cases, the funds are returned to the legal owner; in some cases, the owner cannot be identified or cannot be located. Government Code Sections 50050 through 50055 address the definition and management of unclaimed monies and proclaims these funds become the property of the local agency after remaining unclaimed for three years or, in the case of funds less than $15 or owner unknown, become the property of the local agency after one year. Additionally, the Sheriff's Office utilizes PropertyRoom.com to sell abandoned property in possession of the Sheriff's evidence facility. Proceeds from the auction sales have also been deposited to the Sheriff's Evidence Trust. The Sheriff's Office has never transferred unclaimed funds nor auction proceeds from the Sheriff Evidence trust but discovered the issue and is now addressing the oversight. PAGE 8 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/24/2012 The one time unclaimed monies fund transfer equates to $47,930.97. The auction proceeds funds equate to $11,385.22. A new procedure has been implemented so funds will not accumulate in the future but will transfer in a timely manner. The General Fund will realize unanticipated revenue in the amount of$59,316.19. The Sheriff's Office is requesting to utilize these revenues to off-set anticipated revenue shortfalls in the jail thus reducing anticipated revenue in two categories, $29,658 reduction in detention of parolees and $29,658 reduction in SWAP administration fees. These transfers will leave a remaining balance in the Evidence Trust Fund of $3,617.71 - action requested - APPROVE BUDGET ADJUSTMENT. (Sheriff-Coroner) 29. Butte Basin Water Users Association Dissolution - Butte Basin Water Users Association (BBWUA) was formed in 1992, and Butte County has been a member since its inception. Its members include groundwater users, water districts, water purveyors, municipalities, Glenn County and Butte County. The BBWUA was formed in response to the 1987-92 droughts and took an active role to address water resource planning and management issues. However, the emergence of other water resource entities has diminished the necessity of the BBWUA. The participation in BBWUA has declined substantially and the association has failed to have a quorum since 2009. BBWUA members are being requested to consider dissolution of the BBWUA in accordance with the provisions of section 8 of the Memorandum of Understanding Providing for the Formation and Operation of the Butte Basin Water Users Association effective January 2012. On January 4, 2012, the Butte County Water Commission recommended that the Butte County Board of Supervisors vote in support of the dissolution of the BBWUA. If the Association is disbanded, the remaining funds would be distributed to its members according to the members' contribution formula (section 6.2). Butte County's percent contribution is 10.02%. There is approximately $10,000 remaining in the Association account - action requested - APPROVE THE DISSOLUTION OF THE BUTTE BASIN WATER USERS ASSOCIATION. (Water and Resources Conservation) 30. Water Advisory Committee Appointment - Llano Seco - The Basin Management Objective Ordinance (Chapter 33A of the Butte County Code) includes a provision for appointing members to the Water Advisory Committee (WAC). Section 33A-3 specifies that the Board shall consider all nominations to the WAC that reside, own property, or have their principle place of business within the sub-inventory unit. When the Department of Water and Resource Conservation receives letters of interest from individuals expressing their desire to serve on the WAC, those letters are presented to the Water Commission for their review and consideration.The WAC representative from one of the subinventory units, Llano Seco, no longer works or resides there. Nickie Vaccaro has been nominated to represent the Llano Seco on the WAC. On January 4, 2012, the Butte County Water Commission unanimously recommended the appointment of Nickie Vaccaro to the WAC - action requested - MAKE APPOINTMENT. (Water and Resources Conservation) 31. Oroville Mosquito Abatement District (OMAD) - At the recommendation of the OMAD Board of Directors, reappoint Steve Lawrence and Marvin Mitchell to terms to end December 31, 2013 - action requested - MAKE APPOINTMENTS. (Other Department and Agencies) PAGE 9 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/24/2012 MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.26 (THE AGREEMENT WITH LUMOS AND ASSOCIATES)WHICH WAS REMOVED FOR DISCUSSION. (MOTION: YAMAGUCHI; SECOND: KIRK) VOTE: Motion APPROVED 5 -0 REGULAR AGENDA Items Removed from the Consent Agenda for Board Consideration and Action. 1202-003 Lumos and Associates - In 2011 the County was awarded a Disaster Recovery Initiative Grant, for the Concow area, through the Community Development Block Grant program (CDGB). A portion of this grant will provide for repair and safety enhancement to the public right of way allowing for safer ingress and egress in the event of further disasters. The project will result in a substantial amount of work being done in the Concow area. In addition to repairing failed sections and chip sealing Concow road, guardrails, roadside signs, and drainage facilities will receive attention. The gravel portion of Concow road will also be enhanced by grading and the addition of proper base material. Other public roads in the area will also receive attention. Public Works released a Request For Proposals (RFP) to provide for professional services to provide for the projects design, permitting, construction management as well as CDBG contract management. The Department received five proposals. Lumos and Associates was selected as being the most qualified. The proposed contact is not to exceed $293,310. This contract is funded utilizing Disaster Recovery Initiative funds from the Community Development Block Grant award. There is no impact to the General Fund - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Works) MIKE CRUMP, DIRECTOR OF PUBLIC WORKS ANSWERED QUESTIONS FROM SUPERVISOR CONNELLY WHO REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION. MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (MOTION: CONNELLY; SECOND:WAHL) VOTE: Motion APPROVED 5 -0 PAGE 10 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/24/2012 1202-004 Boards, Commissions and Committees 1. Appointments to Listed Vacancies SUPERVISOR LAMBERT REQUESTED THAT AN ITEM BE INCLUDED ON THE NEXT AGENDA FOR THE APPOINTMENT OF BRAD MATSON TO THE BUTTE COUNTY WATER COMMISSION. 2. Board member or Committee Reports SUPERVISOR YAMAGUCHI REPORTED ON A MEETING OF THE LOCAL EMS AGENCY (LEMSA). 3. 2012 Board of Supervisors Committee Assignments -actions requested - DISBAND ANY COMMITTEE THAT IS NO LONGER NEEDED OR IF TASK IS COMPLETE;APPOINT BOARD REPRESENTATIVE(S)TO COMMITTEES AS DETAILED IN THE COMMITTEE ASSIGNMENT TABLE; AND ALTER ANY OTHER BOARD ASSIGNMENTS. MOTION: I MOVE TO APPOINT SUPERVISOR YAMAGUCHI AS DELEGATE TO REGIONAL COUNCIL OF RURAL COUNTIES AND SUPERVISOR WAHL AS THE ALTERNATE. I MOVE TO APPOINT SUPERVISOR KIRK AS DELEGATE AND SUPERVISOR WAHL AS ALTERNATE TO THE NATIONAL ASSOCIATION OF RURAL COUNTIES. (ALL OTHER APPOINTMENTS WILL REMAIN THE SAME) (MOTION: CONNELLY; SECOND:YAMAGUCHI) VOTE: Motion APPROVED 5 -0 1202-005 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT. 1202-006 Delta Plan Draft Environmental Impact Report - The Delta Stewardship Council (DSC) is charged through the Delta Reform Act of 2009 to develop the Delta Plan. In 2011,the DSC released the Fifth Staff Draft Delta Plan and the Draft Environmental Impact Report (DEIR). The Delta Plan is a strategic document that includes legally enforceable policies, strategies and actions within the Delta to further advance the "coequal goals of providing a more reliable water supply for California and protecting, restoring and enhancing the Delta ecosystem." According to the Delta Reform Act, the Delta Plan was limited to address defined "covered actions"that will "occur, in whole or part, within the boundaries of the Delta or Suisan Marsh." The Draft Delta Plan includes vague language and specific policies that could lead to having the northern Delta watershed responsible for providing increase flows to the Delta. Enforceable actions outside of the Delta are not authorized by the statute. The DEIR does not address or analyze any potential impacts to the northern Delta watershed. The lack of clarity of the Draft Delta Plan and the inadequacy of the DEIR raises PAGE 11 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/24/2012 significant concerns for the region including socioeconomic impacts. Comments on the DEIR are due by February 2, 2012. On January 4, 2012, the Water Commission recommended that the Board of Supervisors submit the comment letter to the DSC - action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation) PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION PROVIDED A REPORT. THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: ROBERT EBERHARDT AND GARY NORDSTROM. MOTION: I MOVE TO APPROVE THE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: CONNELLY; SECOND:WAHL) VOTE: Motion APPROVED 5 -0 1202-007 Authorization to Advertise for Bids to Construct a Left Turn Pocket on Lincoln Boulevard at Myers Street - The County was awarded a Highway Safety Improvement Project grant for Lincoln Boulevard between Arnold Avenue and Elgin Street due to the very high number of accidents along this corridor. The Lincoln Boulevard safety median project included installing a continuous raised median on Lincoln Boulevard at the intersection of Myers Street.The Lincoln Boulevard median was installed across this intersection to prevent vehicles on Myers Street from turning left onto Lincoln Boulevard which was determined to be unsafe due to the hill on Lincoln Boulevard that restricts safe sight distance for this movement. Due to complaints about access from Lincoln Boulevard to Myers street, staff reviewed several options and determined a left turn pocket on southbound Lincoln Boulevard at Myers Street could provide safe access from Lincoln Boulevard onto Myers without compromising the original safety concern regarding the Myers Street traffic turning left onto Lincoln Boulevard - action requested - AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS FOR A PROJECT TO CONSTRUCT A LEFT TURN POCKET ON LINCOLN BOULEVARD AT THE INTERSECTION OF MYERS STREET AND RETURN TO THE BOARD WITH A RECOMMENDATION FOR AWARDING THE WORK. (Public Works on Behalf of Supervisor Connelly) THIS ITEM WAS REMOVED FROM THE AGENDA.THERE WAS NO ACTION TAKEN 1202-008 PUBLIC COMMENT (each speaker limited to five minutes) THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD:TINA TAMARI AND STEVE JACKSON RECESS: THE BOARD RECESSED AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND CONVENED AS THE THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES. PAGE 12 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/24/2012 THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES JANUARY 24, 2012 MINUTES CALL TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Trustees present: Supervisors Connelly Wahl, Kirk, Lambert and Yamaguchi The Board of Trustees is required to convene at least once a quarter pursuant to Health and Safety Code 9029. CONSENT AGENDA (No Items) REGULAR AGENDA (No Items) PUBLIC COMMENT(each speaker limited to five minutes) (NONE) ADJOURNMENT: ADJOURNED AS THE THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES AND CONVENED AS IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD. PAGE 13 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/24/2012 IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD JANUARY 24, 2012 MINUTES CALL TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville Members present: Connelly Wahl, Kirk, Lambert and Yamaguchi CONSENT AGENDA(No Items) REGULAR AGENDA (No Items) PUBLIC COMMENT(each speaker limited to five minutes) (NONE) 1202-001 CLOSED SESSION 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 item will be held contemporaneously with the Board of Supervisors Closed Session) ADJOURNMENT: ADJOURNED AS THE IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AND RECONVENED AS THE BOARD OF SUPERVISORS PAGE 14 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 1/24/2012 1202-009 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS 1. 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. 2. 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 3. POTENTIAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C) - 1 POTENTIAL CASE - U.S. FOREST SERVICE/PLUMAS NATIONAL FOREST TRAVEL MANAGEMENT PLAN. 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 FEBRUARY 14. 2012. PAGE 15