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HomeMy WebLinkAboutM022514 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 2/25/2014 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. CORRECTIONS AND/OR CHANGES TO THE AGENDA. (None) 1404-001 CONSENT AGENDA 1. Agreement with Beth Jones - Patients Rights -Amendment A- Beth Jones provides direct on-site advocacy services to protect and enforce the legal and human rights of Butte County Behavioral Health clients. This advocacy position is required by California's Department of Health Care Services. Approval is requested for an amendment with Beth Jones to increase funding to provide additional hours of patient rights advocacy. There is no change to the compensation rate. The term of the agreement remains July 1, 2013 through June 30, 2014. The maximum financial obligation under this agreement shall not exceed $33,725 (this is an increase of$3,725). (Behavioral Health) 2. Agreement with BHC Heritage Oaks Hospital, Inc. - Amendment B - BHC Heritage Oaks Hospital, Inc., provides inpatient psychiatric hospitalization services. Approval is requested for an amendment with BHC Heritage Oaks Hospital to increase inpatient psychiatric services due to an increased number of client referrals.There will be no change in the rates.The term of this agreement will remain July 1, 2013 through June 30, 2014. The maximum financial obligation under this agreement shall not exceed $200,000 (this is an increase of$120,000). (Behavioral Health) 3. Agreement with Relias Learning, LLC - Amendment A - Relias Learning, LLC, provides electronic learning solutions through software and related course content. The solutions enable organizations to remain in compliance with regulatory and accreditation requirements and offer continuing education online to their employees. Approval is requested for an amendment with Relias Learning, LLC, to increase the number of registered users from 450 to 525 based on increased need.The term of the agreement will remain April 10, 2013 through June 30, 2015. There is no change in the compensation rate. The maximum financial obligation under this agreement shall not exceed $59,969.50 (this is an increase of $6,385.50). The fiscal year (FY) amounts are broken down as follows: $2,500 for FY 2012-13, $27,670.50 for FY 2013-14, and $29,799 for FY 2014-15. (Behavioral Health) 4. District 1 Reappointments - Supervisor Connelly submits the following nominations for reappointment (both terms to end January 2, 2017): Butte County Fish and Game Commission - Robert Post; and Butte County Planning Commission -James "Harrell"Wilson. (Board of Supervisors) 5. Recommended Fiscal Year 2013-14 Budget Adjustments - On April 23, 2013, the Board of Supervisors BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 2/25/2014 approved an agreement with the California SAWS Consortium (C-IV) Joint Powers Authority for implementation of mandated requirements of the Affordable Care Act (ACA). Included in the action was authorization for the Department of Employment and Social Services (DESS) to work with the General Services Department to design and construct the ACA Service Center. The DESS is now requesting a $391,491 FY 2013-14 budget adjustment to accept and appropriate unanticipated State revenue to cover maintenance and operations activities for the ACA Service Center in the current fiscal year. C-IV currently provides ongoing operations for wide area network administration, central support and remote workstation maintenance for the DESS Customer Service Centers. (Employment and Social Services) 6. Lease Amendment - Neal Road Recycling and Waste Facility with Performance Modular, Inc. - The Butte County Public Works Department currently occupies a leased manufactured office building installed at the Neal Road Recycling and Waste Facility that was custom built to meet the needs of the Department. Instead of replacing the building and incurring $8,500 in tear down and transportation fees and the cost associated with construction of a new custom built office, staff recommends that the agreement be amended to extend the term to February 28, 2017. The current lease base rate for the 2,000 square foot facility runs $1,750.00 per month and will remain fixed for the term of the lease. With the addition of applicable taxes, the total monthly payment will be $1,881.25 or $0.940625 per square foot. Funding for this lease is included in the Public Works FY 2013-14 budget and requires no additional appropriation. (General Services) 7. Award of Contract to Construct the North County Public Works Yard -The County of Butte, North County Public Works Yard is proposed to be constructed on County owned property at 44 Bellarmine Court, in South Chico. The plans and specifications for this project were adopted by the Board of Supervisors on November 12, 2013. The project includes site improvements along with a metal building with offices and shop area, vehicle wash station, and covered materials storage bins. This project was advertised in the Chico Enterprise Record, along with posting on the Public Group website (www.publicpurchase.com), which provides for electronic notification of local contractors and contractors exchanges. Bids were opened on January 21, 2014, at 2:30 pm. A total of 9 bids were received, ranging in cost from $2,598,744 to $3,699,583. The apparent low bidder failed to comply with bid requirements and staff recommends an award of contract to D.H. Slater and Son, from Chico, as the lowest responsible bidder in the amount of $2,794,000. Funding is included in the Public Works FY 2013-14 budget. (General Services) 8. Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance for the following departments. These changes will decrease the total allocations in the County by one (1) position: HUMAN RESOURCES: requests to delete the classifications of Program Manager, Environmental Health and Program Administrator, California Children's Services from Section 57, Reference E (Effective 12/21/13-2%) and Section 57, Reference E (Effective 12/20/14-2%) of the Salary Ordinance titled, "Management and Supervisory (BCMEA) Unit Classifications". These classifications were consolidated into the existing Program Manager, Public Health classification. These changes have been agreed to by Human Resources and the applicable Employee Association. PUBLIC HEALTH: Concurrent with Human Resources request above, the Public Health Department is requesting to delete (1) position of Program Manager, Environmental Health, one (1) position of Program Administrator, California Children's Services, one (1) position of Program Manager, Community Services and add three (3) positions of Program Manager, Public Health. The incumbent in each of the filled positions being deleted will be moved into the existing Program Manager, Public Health PAGE 2 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 2/25/2014 classification. These changes are a result of the combining, retitling and updating of the job descriptions within the department. The small increase in costs associated with this change will be covered in the Department's FY 2013-14 approved budget. These changes will leave the total allocation unchanged and have no fiscal impact on the County General Fund. PUBLIC WORKS: requests to reallocate one (1) position of Deputy Director, Public Works from Budget Unit 533 to Budget Unit 440-004. This change will help alleviate accounting and budgeting issues within the department. These changes will leave the total allocation unchanged and have no additional fiscal impact on the County General fund. GENERAL SERVICES: requests to delete one (1) vacant position of Administrative Assistant, Senior. The position elimination corresponds with an action taken by the Board of Supervisors on January 28, 2014, adding a flexibly staffed Administrative Analyst position. The department completed a departmental recruitment and the vacant position being eliminated is a result of a departmental promotion to the Administrative Analyst position. This change will decrease the total allocations in the department by one (1) position and have no additional impact to the County General Fund. (Human Resources) 9. Amendment to Grant Agreement with the State Department of Public Health for the HIV Care Program - The Public Health Department currently has a grant agreement with the California Department of Public Health (CDPH) to participate in the HIV Care Program. The program provides health education and care and treatment services to HIV-positive individuals to help prevent the early onset of AIDS related symptoms. The term of the current agreement is July 1, 2013 through March 31, 2014 with a maximum amount receivable for the period of$85,994. The department requests approval of an amendment to this agreement. Amendment A01 would add an additional two years to the term of the agreement and increase the maximum amount receivable. The revised term of the agreement is July 1, 2013 through March 31, 2016. The new maximum amount receivable for the term of the agreement would be$384,730, and overall increase of$298,736 ($104,212 for July 1, 2013 through March 31, 2014, $140,259 for April 1, 2014 through March 31, 2015, and $140,259 for April 1, 2015 through March 31, 2016). (Public Health) 10. Authorization to Advertise for Bids for the Construction of Module 1 & 3 Temporary Cover for the Neal Road Recycling and Waste Facility, County Project No. 7513-11 - The Public Works Department continues to work on short and long range plans for the Neal Road Recycling and Waste Facility. Following the Phase 2 Closure of Modules 1 & 3 in 2007, the west facing slope was covered with a low permeability cover to limit storm water infiltration and protect ground water. The original design called for this cover to be removed in approximately 10 years when the placement of waste was expected to reach the lower slope. Revised fill sequencing plans now project this slope will not have waste placed against it until 2024. The Module 1 & 3 low permeability cover has degraded since installation and requires replacement. Accordingly, a longer term solution is required to protect this slope from storm water infiltration. The department contracted with Geo-Logic Associates to prepare construction plans and documents for a replacement low-permeability cover with a lifespan that will last until its removal just prior to waste placement. The proposed schedule assuming approval on February 25 is as follows: begin advertising February 26, pre-bid March 5, bid opening March 18, and award of contract April 8. It is anticipated that construction would begin in mid-to-late May and proceed to completion in mid July 2014. Staff will return to the Board at a future date requesting a budget modification to fund this project prior to award of contract. (Public Works) 11. Authorization to Advertise for Bids for the Construction of the Concow Road Infrastructure Rehabilitation Project, County Project Number 01-6785-03K (10-DRI-6785) - Authorization is requested for the Public PAGE 3 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 2/25/2014 Works Director to advertise for bids, sign the plans, and adopt a wage scale for the construction of the Concow Road Infrastructure Rehabilitation Project. 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 the repair and other safety enhancements to Concow Road providing for safer ingress and egress in the event of further disasters. Included are items of work such as roadway surface repairs, installation of underdrains and repairs to other drainage facilities, guardrail installation and replacement, minor widening and shoulder work as well as some minor realignment of the roadway. Finally, a chip seal will be applied to Concow Road from Highway 70 to the end of pavement. All work will take place in the existing right of way. This project requires the adoption of a Wage Scale, pursuant to Section 1773 of the Labor Code. This assures that the general prevailing wage rates used for Butte County are the same as the general prevailing wage rates as determined by the Department of Industrial Relations. This project also requires payment of the Federal minimum wage rates shown in the Special Provisions as determined by the Secretary of Labor. If there is a difference between the two wage rates the Contractor and his subcontractors shall pay not less than the higher wage rate. (Public Works) 12. Public Auction Sale of Tax-Defaulted Properties - In accordance with Chapter 7 of Part 6 of Division 1 of the California Revenue and Taxation Code Section 3698, the Treasurer-Tax Collector requests approval to sell at public auction via the Internet for the stated minimum price, the tax-defaulted properties which are subject to the power of sale. There are currently 351 properties on the auction list, including 107 properties from a subdivision in Oroville that was never completed. If approved, the Treasurer-Tax Collector plans to schedule the auction for June 14-17, 2014. (Treasurer/Tax Collector) 13. Enhanced Victim Restitution Collection and Disbursement Pilot Program - The Treasurer-Tax Collector's Office, District Attorney's Office, and Butte County Superior Court have developed a pilot program to streamline and improve the collection of delinquent victim restitution orders, test a new process for disbursement of victim restitution payments, and establish a central point of contact for victim inquiries. The Memorandum of Understanding (MOU) for the Enhanced Victim Restitution Collection and Disbursement Pilot Program defines the goals and partner responsibilities of this collaborative effort on behalf of Butte County victims owed restitution. The pilot program is designed to be cost neutral to the County, utilizing non-general fund revenue sources. (Treasurer/Tax Collector) 14. Amendment to Agreement with Immedia, a Division of Columbia Ultimate Business Systems, Inc. - The Central Collections Division of the Treasurer-Tax Collector Department utilizes the Immedia Division of Columbia Ultimate Business Systems, Inc. (CUBS)to mail collection letters that are initiated by the revenue and reimbursement officers in the course of their daily work.The annual mailing costs are estimated based on the previous year's collection letter activity. However, due to unanticipated expenditures, the not-to- exceed amount listed in the original FY2013-14 Immedia agreement will be insufficient to cover the cost of mailing collection letters through June 30, 2014. In October 2013, the department became aware of a new requirement by the Franchise Tax Board to send annual notices to all debtors who have been submitted for tax intercept at least thirty days prior to any intercept activity. This increased the department's mailing costs by approximately $15,000 during the month of November but generated an estimated $100,000 increase in collection revenue the following month. In addition to this one-time expense, the federal postage rate increased in January and the department has been mailing more collection letters, in general, this year compared to previous years. Amendment P would increase the not-to-exceed amount of the FY2013-14 Immedia agreement from $27,000 to$52,000. All other terms remain the same. (TTC) PAGE 4 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 2/25/2014 MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. (MOTION: KIRK; SECOND: LAMBERT) VOTE: Motion APPROVED 5 -0 1404-002 Lincoln Boulevard Highway Safety Improvement Project- Lincoln Blvd @ Myers St. Intersection - On October 8, 2013, the Board of Supervisors received a staff report from the Public Works Department providing background and history on the Lincoln Blvd. Highway Safety project. At the conclusion of the hearing, the Board directed staff to consider reopening the median on Lincoln Boulevard at Myers in conjunction with multi-way stop signs. The department contracted with KD Anderson & Associates, a transportation engineering company, to conduct an intersection analysis study at the Lincoln Boulevard/Myers Street intersection. The study evaluated the California Manual of Uniform Traffic Control Devices (MUTCD) criteria for the installation of multi-way stop sign control as well as analyzing other safety issues, which should be considered in implementing any changes to the existing intersection. The conclusion of the study is to not recommend the reopening of the Lincoln Boulevard Median at Myers together with the implementation of multi-way traffic control. The study determined that the traffic volume levels and accident history do not satisfy the CA MUTCD thresholds for the installation of multi-way stop sign control as well as other safety and operational issues to support the recommendation. (Public Works) SUPERVISOR CONNELLY REQUESTED A CONTINUANCE ON THIS ITEM AS AN INTERESTED PARTY IS ILL AND UNABLE TO ATTEND THIS MEETING. MIKE CRUMP, DIRECTOR OF PUBLIC WORKS PROVIDED A BRIEF REPORT. GEORGE MENAS ADDRESSED THE BOARD. MOTION: I MOVE TO CONTINUE THIS ITEM OPEN (TO A FUTURE BOARD MEETING) (MOTION: CONNELLY; SECOND: KIRK) VOTE: Motion APPROVED 5 -0 REGULAR AGENDA 1404-003 Boards, Commissions and Committees 1. Appointments to Listed Vacancies (NONE) 2. 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 KIRK REPORTED ON A MEETING OF THE CALIFORNIA STATE ASSOCIATION OF COUNTIES(CSAC) BOARD OF DIRECTORS. PAGE 5 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 2/25/2014 SUPERVISOR TEETER REPORTED ON A MEETING OF THE RURAL COUNTY REPRESENTATIVES OF CALIFORNIA. SUPERVISOR KIRK ALSO MENTIONED THE "EYES ON SIGHT" PILOT PROGRAM WHICH TARGETS UNLICENSED CONTRACTORS. A PRESS CONFERENCE WAS HELD ON FEBRUARY 24, 2014. 1404-004 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT 1404-005 9:25 a.m. - Public Hearing - Itemized Cost of Nuisance Abatement in Order to Record a Lien and Impose a Special Assessment to Recover the County's Costs Incurred to Abate a Public Nuisance on the Subject Property - Approval is requested for the Board of Supervisors to order a lien and impose a special assessment in the amount of $11,015.72 on the following property for costs incurred in the nuisance abatement process: 1920 B Street, Oroville, CA; APN 035-073-020 (Case # CE12-0429). This property was abated by Gilmore Construction between August 7, 2013 and August 14, 2013, pursuant to the decision of the Nuisance Abatement Hearing Officer dated May 29, 2013. The nuisance abatement process for the property is detailed in the staff report. (Development Services) TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, AND ROY WALLIS, CODE ENFORCEMENT OFFICER, PROVIDED A REPORT. MOTION: I MOVE TO ORDER A LIEN AND IMPOSE A SPECIAL ASSESSMENT ON THE PROPERTY LOCATED AT 1920 B STREET, OROVILLE. (MOTION: CONNELLY; SECOND: LAMBERT) VOTE: Motion APPROVED 5 -0 1404-006 9:30 a.m. -Timed Item - Update of Activities of the Sutter Butte Flood Control Agency(SBFCA) - It has been a year since the staff from the SBCFA has updated the Board on their activities.They have had significant progress on the project in a number of areas including construction, design, right of way, environmental clearance and permitting. Mike Inamine, Executive Director of SBFCA will update the Board on activities of the agency over the last year. (Public Works) MIKE CRUMP, DIRECTOR OF PUBLIC WORKS INTRODUCED THIS ITEM. MIKE INAMINE, EXECUTIVE DIRECTOR OF SBFCA, PROVIDED A REPORT. THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN. PAGE 6 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 2/25/2014 1404-007 9:45 a.m. - Public Hearing - Discussion of Possible Applications for CDBG Funding - Each year, the State Community Development Block Grant (CDBG) program allocates funds for eligible CDBG activities. This year,the Community Development and Economic Development Allocations of the State CDBG program published a combined Notice of Funding Availability (NOFA). Eligible cities and counties may submit applications to fund eligible CDBG activities under the NOFA. Eligible jurisdictions may apply for up to $2,000,000 for eligible CDBG activities within the categories of: Enterprise Fund, Housing, Public Improvements, Public Service, Public Facilities and Planning and Technical Assistance (PTA) Activities. The State CDBG program requires eligible cities and counties to hold a public hearing in order to discuss possible applications for funding under the next fiscal year's (July 1 to June 30) program and to solicit citizen input on possible activities to be included in the application. The purpose of this public hearing is to give citizens an opportunity to make their comments known regarding what types of eligible activities the County of Butte should apply for under the State CDBG program. A separate public hearing will be held to discuss and approve the application prior to submittal to the State. (Administration) CASEY HATCHER, MANAGER OF COMMUNITY DEVELOPMENT PROVIDED A REPORT. THE BOARD HELD A PUBLIC HEARING AS REQUESTED. THERE WAS NO PUBLIC COMMENT AND NO BOARD ACTION TAKEN. 1404-008 10:00 a.m. - Public Hearing - Butte County Draft Climate Action Plan (CAP), CAP Work Plan, and Environmental Impact Report (EIR) Addendum (continued from January 28, 2014) -The Department of Development Services coordinated the preparation of the Climate Action Plan (CAP) for the unincorporated area of Butte County. The Butte County General Plan was adopted and the General Plan EIR was certified in April 2010 and was amended in November 2012 by the Butte County Board of Supervisors (County Resolutions 10-152, 10-150, 12-124, and 12-123). General Plan goals, policies, and actions to address global Greenhouse Gas (GHG) emissions include, but are not limited to, a requirement to reduce GHG emissions from County operations and community-wide sources. General Plan Action COS-A1.1 specifically calls for preparation, maintenance, and implementation of a CAP.The proposed CAP identifies a GHG emissions reduction target and describes how the County will reduce both community-wide and government operations emissions to achieve the target. The CAP identifies a GHG emissions reduction target of 15 percent below baseline levels by the year 2020. The year 2006 has been identified as the baseline year in conformance with state legislation. The CAP provides measures and associated actions for energy efficiency and renewable energy, alternative fuel vehicles and equipment, transportation, agriculture, and solid waste. It also addresses GHG emissions generated from County government operations and outlines a strategy the County can use to adapt to a changing climate. The CAP supports statewide GHG emissions reduction goals identified in State Assembly Bill 32 and State Senate Bill 375. (Development Services) TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES AND DAN BREEDON, PRINCIPAL PLANNER, PROVIDED A REPORT. PAGE 7 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 2/25/2014 THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: RAYMOND SCHIMMELL; LORRETA TORRES; DAVID PALMERLY. MOTION: I MAKE A MOTION TO REJECT THE CAP AND THE ADDENDUM TO THE EIR AND DIRECT STAFF TO RETURN WITH A SIMPLER, MORE USER FRIENDLY PLAN. (MOTION: WAHL; FAILED TO CARRY FOR LACK OF SECOND.) MOTION: I MOVE TO ADOPT THE PLAN WITH THE CHANGES TO THE LANGUAGE ON ITEMS EN8, EN9, F1, F2, F3, AND T1 REPLACING THE WORD "REQUIRE" WITH "ENCOURAGE" AND I MOVE TO APPROVE ALL OTHER REQUESTED ACTIONS (SHOWN ON THE AGENDA) WITH NO ADDITIONAL CHANGES. (MOTION: LAMBERT; SECOND: CONNELLY) VOTE: Motion carried 4- 1 YEA: Supervisor Lambert, Supervisor Connelly, Supervisor Kirk, Supervisor Teeter NAY: Supervisor Wahl 1404-009 Butte County Communication Strategy for 2014 and 2015 - The Butte County Board of Supervisors approved the Butte County Communication Plan (Plan) on April 24, 2012. The Plan includes short-term strategies and action steps to improve the way the County communicates with the media, the public, and employees including: 1) Media Relations; 2) Social Media Presence; 3) Website Enhancements; and 4) Employee Relations. Each of the action steps in the plan have been completed. The Butte County Communication Strategy (Strategy) for 2014 and 2015 is an update to the Plan. Since many of the strategies and action steps in the Plan have ongoing benefit, they are also represented in the updated Strategy. The Strategy outlines the goal to establish Butte County as open, responsive, and innovative when serving employees, the media, and the public. In order to accomplish this goal, enhance communication with employees, improve coordination with the media, and increase public access to County information, programs, and services, the Strategy sets four key communication initiatives and lists action items in support of the key initiatives. The Strategy outlines the program of work to include action items which will further the communication efforts of the County over the next two years. (Administration) CASEY HATCHER, MANAGER OF PROGRAM DEVELOPMENT, PROVIDED A REPORT. MOTION: I MOVE TO APPROVE THE BUTTE COUNTY COMMUNICATION STRATEGY FOR 2014 AND 2015 (MOTION: CONNELLY; SECOND: KIRK) VOTE: Motion APPROVED 5 -0 PAGE 8 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES— 2/25/2014 PUBLIC COMMENT (each speaker limited to five minutes) (NONE) 1404-010 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS: 1. ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 1 case: GARY WELLS v. BUTTE COUNTY;WORKERS' COMPENSATION APPEALS BOARD LEGACY CASE NO. ADJ8166661 (CLAIM NUMBER: BUAH-549651) 2. 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; CONFIDENTIAL UNIT; PPOA- MANAGEMENT UNIT; NON-REPRESENTED 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 MARCH 11, 2014. PAGE 9