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HomeMy WebLinkAboutM031015 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/10/2015 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 Observation of a Moment of Silence. CORRECTIONS AND/OR CHANGES TO THE AGENDA. SUPERVISOR TEETER REPORTED THAT SUPERVISOR WAHL REQUESTED ITEM 3.03 (RESOLUTION AUTHORIZING APPLICATION FOR GRANT FUNDING UNDER THE SUSTAINABLE AGRICULTURAL LANDS CONSERVATION PROGRAM) BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. CONSENT AGENDA 3.01 Alternate Dispute Resolution -The Butte County Superior Court collects funds for an Alternate Dispute Resolution program through a portion of their filing fees. By law, these funds are received by the County, and are to be used to provide these services at the Court. The County contracts with Legal Services of Northern California to operate the program in conjunction with the Court. The contract details the payment disbursement schedule. This amendment modifies the disbursement schedule to include payment of $25,000 for the period of January 1, 2015 through June 30, 2015. All other terms and conditions remain the same - action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office) 3.02 Approval of Minutes - action requested - APPROVE FEBRUARY 24, 2015 BOARD OF SUPERVISORS MINUTES. (Chief Administrative Office) 3.03 Resolution Authorizing Application for Grant Funding under the Sustainable Agricultural Lands Conservation Program -THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. IT WAS NOT ADOPTED AS PART OF THE CONSENT. (REFER TO PAGE 5 OF THIS DOCUMENT.) 3.04 General Assistance Manual Update including Rate Increase Effective April 1, 2015 - General Assistance (GA) is a State-mandated program, which provides temporary cash assistance to eligible indigent adults. The Director of Employment and Social Services requests that the Board approve the following changes to the GA manual: 1) Set the GA rate at$330 per month. The rate increase is required by State Welfare and Institution Code 17000.5, which links any adjustments made in the CalWORKs program to a corresponding increase in the GA program. This increase of 5%would become effective April 1, 2015; 2) Remove the direct vendor housing payment method; and 3) Approve amendments to language in the GA manual to clarify current regulations, roles, and responsibilities in accordance with the Welfare and Institutions Code, Section 17000 et. seq. The staff report contains additional information regarding these changes - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/10/2015 3.05 Budget Adjustment, Literacy Program - The Library received one-time, unanticipated monies from California State Library Literacy Services to be utilized in support of the Literacy Services Adult Reading Program. The department is requesting a budget adjustment accepting and appropriating the $3,323 in unanticipated one-time revenue - action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Library) 3.06 Contract Change Order No. 1 for the Foothill Boulevard Bridge across Wyman Ravine - In December 2014, the Butte County Board of Supervisors awarded a contract to replace the Foothill Boulevard Bridge across Wyman Ravine Bridge to Franklin Construction, Inc. of Chico, CA in the amount of $849,446. Contract Change Order No. 1 is required by the federal training requirement of the contract special provisions. The County will reimburse the contractor at the rate of $0.80/hour for trainee participation increasing the contract amount by$800 -action requested -APPROVE CONTRACT CHANGE ORDER NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.07 Contract Change Order No. 4 for Modules 1 and 3 Temporary Cover Project at the Neal Road Recycling and Waste Facility - In April of 2014 the Butte County Board of Supervisors awarded the Modules 1 and 3 Temporary Cover Project at the Neal Road Recycling and Waste Facility contract to Nichelini General Engineering Contractors, Inc. (Nichelini) of West Sacramento, CA in the amount of$692,020.03 Contract Change Order No. 4 has not been signed by Nichelini even though Public Works has sent the change order to Nichelini several times for execution. At this time Nichelini and Public Works are at an impasse over issues regarding contract time and compensation. Public Works has consulted with County Counsel and in the interest of moving forward and closing out this project it has been decided to send this change order to the Board for approval. Once approved the change order will be sent to Nichelini and this will start time requirements that are outlined in the Caltrans Standard Specifications regarding Procedure and Protest. During the course of work, it was determined that extra work would be required to complete the project. Contract Change Order No. 4 is for an overall increase of $111,147.61 to compensate contractor for increases to the Engineers Estimate at Contract Unit Price and for the payment of Extra Work at Force Account. Public Works is requesting the Board approve a budget modification and appropriation in the amount of $111,147.61 in order to fund this Contract Change Order No. 4. - action requested - 1) APPROVE CONTRACT CHANGE ORDER NO. 4 AND AUTHORIZE THE CHAIR TO SIGN; AND 2)APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Public Works) 3.08 Resolution Reauthorizing the Chico/North Butte County Recycling Market Development Zone - In 1994, a large area in northern Butte County, including the City of Chico, was designated as the Chico/Northern Butte County Recycling Market Development Zone (RMDZ) by Department of Resources Recycling and Recovery (CalRecycle). The purpose of the RMDZ is to provide low-interest loans, technical assistance and free product marketing to businesses that locate within the zone and that use recycled materials from the waste stream to manufacture their products. The Chico/Northern Butte County RMDZ terminates in March 2015. CalRecycle is requesting both the County of Butte and the City of Chico renew the RMDZ designation for another 10 years. CalRecycle administers an RMDZ Loan Program to encourage recycling businesses to site new manufacturing facilities and expand existing operations in California. This program provides low-interest loans, currently at 4%, for the purchase of equipment and other relevant business costs to eligible companies located in any of the 36 designated zones in California. The intent of the Recycling Market Development Zone Loan Program is to help California PAGE 2 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/10/2015 manufacturers increase their processing capabilities and create additional markets for recycled-content and post-consumer products. The Chico/Northern Butte County RMDZ encompasses approximately 130 square miles in the northern portion of Butte County. It includes the City of Chico and adjacent industrial property, and unincorporated county areas west and south of the City's sphere of influence. A resolution and copy of the RMDZ map is attached as Exhibit "A". The City of Chico is the lead agency for the RMDZ. Over $1,300,000 in grants and loans have been awarded to businesses for the Chico/North Butte County RMDZ over the past 10 years - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.09 Forest Advisory Committee - Revised Bylaws - On February 23, 2015, the Forest Advisory Committee (FAC) reviewed and approved a change to the FAC Bylaws and requests Board approval. The recommended change adds language allowing for mileage reimbursement for out-of-area meetings with the prior approval of two members of the Coordinating Committee - action requested - APPROVE AMENDED BYLAWS. (Treasurer-Tax Collector) 3.10 Resolution Recognizing March 2015 as American Red Cross Month-- action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. MR. WILLOUGHBY ACCEPTED THE RESOLUTION ON BEHALF OF RED CROSS. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH EXCEPTION OF ITEM 3.03 WHICH WAS REMOVED FROM CONSENT FOR DISCUSSION. (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 SAMANTHA LEWIS TO THE BUTTE COUNTY WATER COMMISSION (AS LANDOWNER-PRIVATE WELL MEMBER). (MOTION: KIRK; SECOND: WAHL) VOTE: Motion failed 2 -3 YEA: Supervisor Wahl, Supervisor Kirk NAY: Supervisor Lambert, Supervisor Connelly, Supervisor Teeter SUPERVISOR LAMBERT REQUESTED THE BOARD WAIT 30 DAYS PRIOR TO CONSIDERING ANY NEW NOMINATIONS TO THE WATER COMMISSION SO THAT OTHER INTERESTED PARTIES CAN SUBMIT REQUESTS FOR NOMINATION. PAGE 3 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/10/2015 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 REQUESTED STAFF DRAFT A LETTER OPPOSING THE CALIFORNIA SRA (STATE RESPONSIBILITY AREA) FEE. SUPERVISOR CONNELLY ALSO DISCUSSED CONSTITUENTS' CONCERNS RELATED TO THE NEW WASTE HAULERS' ROUTES ON PRIVATE ROADS. SUPERVISOR TEETER REPORTED THAT THE BRIDGE OVER UPPER BUTTE CREEK IS ALMOST COMPLETE AND WILL BE OPENED SOON. HE THANKED THE BUREAU OF LAND MANAGEMENT AND DEPARTMENT OF TRANSPORTATION FOR FINISHING THE PROJECT. 4.02 UPDATE OF CURRENT BUDGET AND LEGISLATIVE ISSUES BY THE CHIEF ADMINISTRATIVE OFFICER. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT. Mr. HAHN INTRODUCED MIKE CRUMP, DIRECTOR OF PUBLIC WORKS, AND BILL MANNEL, SOLID WASTE MANAGER TO DISCUSS DETAILS RELATED THE WASTE COLLECTION FRANCHISE AGREEMENTS THAT TOOK AFFECT MARCH 1, 2015. HE REPORTED THAT STAFF HAS BEEN WORKING WITH THE WASTE HAULERS TO ENSURE COMPLIANCE WITH THE TERMS OF THE FRANCHISE AGREEMENTS. MR. HAHN REPORTED THAT RECYCLING IN THE CHICO RECYCLING ZONE WILL BEGIN WEEKLY PICK-UP AGAIN NEXT WEEK. RYAN WEST, A REPRESENTATIVE FROM WASTE MANAGEMENT, ANSWERED QUESTIONS FROM THE BOARD. HE REPORTED THAT WASTE MANAGEMENT'S LOCAL ADDRESS IS 2569 SCOTT AVENUE IN CHICO, CA, AND THEIR LOCAL WEBSITE ADDRESS IS NORTHVALLEY.WM.COM. HE ALSO CONFIRMED THAT, CURRENTLY, WASTE MANAGEMENT'S LOCAL PHONE NUMBER IS ROUTED TO THE PHOENIX CALL CENTER. THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: (NO PUBLIC SPEAKING CARDS SUBMITTED) SUZANNA MALCOLM FROM COHASSET; ANDREW MERKEL; A CONSTITUENT FROM BERRY CREEK; LAUREL FROM SOUTH OF CHICO; LEA CHRISTIE; AND JOHN CHRIDOWSKI (SP?). MR. HAHN ALSO REPORTED ON HIS MEETING WITH STATE LEGISLATORS IN SACRAMENTO REGARDING BUTTE COUNTY'S REQUEST FOR SPONSORSHIP OF LEGISLATION TO ALLOW BUTTE COUNTY TO PARTICIPATE IN VOTE BY MAIL ELECTIONS. PAGE 4 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/10/2015 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. 3.03 Resolution Authorizing Application for Grant Funding under the Sustainable Agricultural Lands Conservation Program - Requested is approval of a resolution approving the Director of Development Services to file an application with the Strategic Growth Council for grant funding for the development of a Butte County Agricultural Lands Conservation Strategy. The California Agricultural Lands Conservation Program provides grants to counties and cities to inventory and evaluate which agricultural lands are most highly productive and critically threatened and develop locally appropriate strategies, programs and actions that ensure the long term protection of those lands. The grant would help Butte County inventory and evaluate which agricultural lands are most highly productive, and develop strategies, programs and actions that ensure the long term protection of those lands - action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) SUPERVISOR WAHL REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. CHUCK THISTLETHWAITE, PLANNING MANAGER WITH DEVELOPMENT SERVICES, ANSWERED QUESTIONS FROM SUPERVISOR WAHL AND THE BOARD. MOTION: I MOVE TO ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: CONNELLY; SECOND: KIRK) VOTE: Motion carried 4- 1 YEA: Supervisor Lambert, Supervisor Connelly, Supervisor Kirk, Supervisor Teeter NAY: Supervisor Wahl 4.04 Letter to Biggs-West Gridley Water District and the California Department of Water Resources (DWR) Regarding Proposed 2015 Land Fallowing Water Transfer - Biggs-West Gridley Water District has released its Notice of Intent to Adopt a Negative Declaration for their proposed 2015 Water Transfer Program. This document reveals its intent to fallow up to 5,900 acres of land normally dedicated to the production of rice to yield up to 19,470 acre feet of water for transfer outside the county. The Butte County Department of Water and Resource Conservation has some concerns related to this program and has prepared comment letters to the District and the approving agency, DWR - action requested - APPROVE LETTERS AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation) PAUL GOSSELIN AND VICKIE NEWLIN, DIRECTOR AND ASSISTANT DIRECTOR OF WATER AND RESOURCE CONSERVATION, PROVIDED A REPORT TO THE BOARD. MOTION: I MOVE TO APPROVE THE LETTERS AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: KIRK; SECOND: WAHL) PAGE 5 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/10/2015 PUBLIC HEARINGS AND TIMED ITEMS 5.01 9:30 a.m. - Timed Item - Presentation on Help Central Inc./Butte 2-1-1 Helpline - The Director of Help Central Inc./Butte 2-1-1 will provide information on the services the Butte 2-1-1 provides and the program's role in connecting people in need to important support services available in the communities - action requested -ACCEPT FOR INFORMATION. LYNN HASKELL,A MEMBER OF THE HELP CENTRAL BOARD OF DIRECTORS,AND TARA SULLIVAN-HAMES, DIRECTOR OF HELP CENTRAL/BUTTE 2-1-1, PROVIDED A REPORT TO THE BOARD. SHERRY MORGADO WITH COMMUNITY ACTION AGENCY ADDRESSED THE BOARD. THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN. PUBLIC COMMENT(each speaker limited to five minutes) NONE Adjournment Adjourned as the Butte County Board of Supervisors and convened as the Thompson Flat Cemetery District Board of Trustees. PAGE 6 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/10/2015 THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES MINUTES MARCH 10, 2015 The Board of Supervisors became the Thompson Flat Cemetery District Board of Trustees on August 10, 1999. Pursuant to Health and Safety Code Section 9029,the Trustees are required to meet at least once every three months.This meeting satisfies compliance with that code. No action is required. 1. CALLTO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Members present: Supervisors Connelly, Wahl, Kirk, Lambert and Teeter. 2. CONSENT AGENDA(No Items) 3. REGULAR AGENDA(No Items) 4. THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES CLOSED SESSION (No Items) S. PUBLIC COMMENT(NONE) Adjournment Adjourned as the Thompson Flat Cemetery District Board of Trustees and convened as the In-Home Supportive Services Public Authority Board. PAGE 7 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/10/2015 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD MINUTES MARCH 10, 2015 1. CALLEDTOORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Members present: Supervisors Connelly, Wahl, Kirk, Lambert and Teeter 2. CONSENT AGENDA 2.01 At-Will Employment Contract for Public Authority Services Specialist Aide Position - Employees of the Butte County In-Home Supportive Services Public Authority serve on an at-will basis. The Public Authority requests approval to execute a Public Authority Services Specialist Aide employment contract to fill a vacant position. The position is approved in the current Public Authority budget and an at-will employment contract has been prepared for review and action - action requested - APPROVE THE AT- WILL EMPLOYMENT CONTRACT FOR A PUBLIC AUTHORITY SERVICES SPECIALIST AIDE POSITION AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. (MOTION: KIRK; SECOND:TEETER) VOTE: Motion APPROVED 5 -0 3. REGULAR AGENDA (NO Items) 4. IHSS PA BOARD CLOSED SESSION (No Items) S. PUBLIC COMMENT(each speaker limited to five minutes) (NONE) ADJOURNMENT Adjourned as the In-Home Supportive Services Public Authority Board and reconvened as the Butte County Board of Supervisors. PAGE 8 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/10/2015 BOARD OF SUPERVISORS CLOSED SESSION-ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS: 7.01 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) -3 CASES: a. JACQUELINE DEVLIN V. BUTTE COUNTY AND MICHAEL SANDERSON; BUTTE COUNTY SUPERIOR COURT CASE NO. 163271; b. STACEY FONTANA; WORKERS' COMPENSATION CLAIM, CLAIM NO. CBTE-74217; AND c. KENNETH SHUBAT;WORKERS' COMPENSATION CLAIM, CLAIM NO. CBTE-57021. 7.02 INITIATION OF LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(4) -COUNTY OF BUTTE, ET AL.,v. U.S. DEPARTMENT OF AGRICULTURE, ET AL. 7.03 PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER 2. BEHAVIORAL HEALTH DIRECTOR 3. CHIEF ADMINISTRATIVE OFFICER 4. CHIEF PROBATION OFFICER 5. CHILD SUPPORT SERVICES DIRECTOR 6. COUNTY COUNSEL 7. DEVELOPMENT SERVICES DIRECTOR 8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR 9. HUMAN RESOURCES DIRECTOR 10. INFORMATION SERVICES DIRECTOR 11. LIBRARY DIRECTOR 12. PUBLIC HEALTH DIRECTOR 13. PUBLIC WORKS DIRECTOR 14.WATER AND RESOURCE CONSERVATION DIRECTOR 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 MARCH 24, 2015. DOUG TEETER, CHAIR BUTTE COUNTY BOARD OF SUPERVISORS ATTEST: Paul Hahn, Chief Administrative Officer and Clerk of the Board PAGE 9