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HomeMy WebLinkAboutM032216 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/22/2016 9:00 A.M. -CALL TO ORDER Called 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 Chair Connelly informed the Board and public that Item 4.03 (General Plan Follow-up and Implementation)will not be called or heard at today's meeting.The Chair also removed Item 3.08(Request to Amend Development Services Position Allocation)from the consent agenda for discussion on the regular agenda. CONSENT AGENDA 3.01 Agreement with Correctional Counseling Inc. - Correctional Counseling Inc. provides Moral Reconation Therapy(MRT)training. MRT is a systematic treatment strategy that seeks to decrease recidivism among juvenile and adult criminal offenders by increasing moral reasoning.This training includes certifying Butte County Department of Behavioral Health (BCDBH) staff in MRT.This approach to group counseling will be utilized by BCDBH staff following training and certification. Approval is requested for an agreement with Correctional Counseling Inc. to provide MRT training and certification for the BCDBH. The term of this agreement will begin on the date of execution through June 30, 2016. The maximum financial obligation under this agreement shall not exceed $30,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) 3.02 Agreement and Resolution with the State Department of Health Care Services (DHCS) - The State Department of Health Care Services (DHCS) standard agreement provides State and Federal funding for a majority of the Department of Behavioral Health's substance use disorder programs.Approval is requested to amend the agreement with DHCS to add additional funding and to update language. The term of this agreement remains July 1, 2014through June 30, 2017.The maximum financial obligation underthis multi- year agreement shall not exceed $11,944,479, broken down as follows: $3,675,580 for fiscal year (FY) 2014-15; $4,178,354 for FY 2015-16; and $4,090,545 for FY 2016-17 (this is an increase of$1,222,313) - action requested - 1) APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE DIRECTOR OF BEHAVIORAL HEALTH AND THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR- CONTROLLER;AND 2)ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) 3.03 Kofile Preservation, Inc. - The County Clerk-Recorder's office began a historical record restoration/preservation program in FY 1994-95. At that time, a contract was granted to Brown's River Records Preservation (now doing business as Kofile Preservation, Inc.)with subsequent contracts through June 30, 2015 for restoring and preserving over 300 original books, dating back to the 1850's, as well as 528 County maps. This contract will provide for the continuation of the historical record restoration/preservation project for the County Clerk-Recorder's office. The contract is for $70,000 and will begin upon execution and end on June 30, 2016. For continuity in preservation/restoration, the BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/22/2016 County Clerk-Recorder, with General Service's approval, selected Kofile Preservation, Inc. - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Clerk-Recorder) 3.04 Continuation of Local Drought Proclamation - On July 22, 2015, the Chief Administrative Officer declared a local emergency caused by drought,which was proclaimed by the Governor on January 17, 2014. On July 28, 2015,the Board of Supervisors reaffirmed and ratified the proclamation of local emergency associated with drought. State law requires that the Board of Supervisors review the need for continuing the local emergency every 30 days. As the State continues through its fifth year of drought, Butte County is feeling the effects, as there continue to be landowners with dry wells. At this point, the final duration of the emergency has not yet been determined - action requested - 1) CONFIRM THE NEED FOR CONTINUING THE PROCLAMATION OF A LOCAL EMERGENCY; AND 2) ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN. (County Administration) 3.05 Approval of Minutes -action requested -APPROVE MINUTES OF MARCH 8, 2016 AND FEBRUARY 9, 2016. (County Administration) 3.06 Agreement with MGT, Inc. - Amendment #1 - The Tax Relief Act of 1972 (SB 90) is the implementing legislation that allows local governments and agencies to submit claims for reimbursement to the State for costs related to new programs or service level increases that the State mandates local governments and agencies provide. Since FY 2000-01, Butte County has utilized the services of different consultants to complete and submit SB 90 claims on the County's behalf. Approval is requested to amend the current agreement with MGT, Inc.to provide claiming for an additional two years.The term of this agreement will be July 30, 2013 through June 30, 2018 with no change to the rates. The maximum financial obligation under this agreement shall not exceed $86,500,which is an increase of$34,600 from the original contract amount - action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.07 Land Conservation (Williamson) Act Compatibility Determination - Building Permit B15-2233 (Konyn - LCA15-0005) - Adam and Amanda Konyn have applied for a building permit to allow construction of a single-family residence on a substandard parcel enrolled in the Williamson Act. Construction of residences on substandard-size parcels is normally prohibited under the County Williamson Act program. However, Rule 5.A.5.d allows an exception when land has been transferred to an immediate family member but remains within the Williamson Act contract; and a joint management agreement has been recorded between the property owners subject to the contract.The proposed permit would be permitted under this exception, and therefore requires execution of a joint management agreement. Under Rule 2.13 of the County's program, the Williamson Act Advisory Committee makes recommendations to the Board of Supervisors regarding the compatibility of activities on Williamson Act land. The Board of Supervisors makes the final determination of compatibility. The Williamson Act Advisory Committee reviewed the building permit application and draft joint management agreement on December 7, 2015 and recommends to the Board of Supervisors the issuance of the building permit is compatible with the Williamson Act contingent upon recordation of the revised joint management agreement - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) 3.08 Request to Amend Development Services Position Allocation— This item was removed from the consent agenda for discussion on the regular agenda. Please see pages 8 and 9 of this document. PAGE 2 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/22/2016 3.09 Amendment Three to Agreement with the Alliance For Workforce Development (AFWD)for Employment Resource Services - Approval is requested for an amendment to the agreement with the Alliance for Workforce Development (AFWD), for provision of Employment Resource Services to CalWORKs Welfare- To-Work participants and the general public. AFWD is a non-profit agency that provides clients with a full range of employment-related services including current job listings, resume-writing assistance, help with online job searching, job interview preparation, and other employment readiness activities. The agreement is being amended due to an increased number of clients requiring services. The term of the agreement remains July 1, 2013 through June 30, 2016, with a maximum payable amount of$1,350,000 ($350,000 for FY 2013-14; $550,000 for FY 2014-15; and $450,000 for FY 2015-16). This is an increase of $100,000 for FY 2015-16 -action requested -APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Employment and Social Services [DESS]) 3.10 Amendment Two to Agreement with Alpha Connection Youth and Family Services for Supervision Services - Approval is requested for an amendment to the agreement with Alpha Connection Youth and Family Services. Currently, Alpha Connection Youth and Family Services is providing 24-hour intensive staff supervision to a Butte County youth placed in their residential group home located in Apple Valley, California.This amendment provides for additional contractor staff to provide 24-hour supervision due to the increased needs of the youth.The term of the agreement shall be December 1, 2015 extended through June 30, 2016 with a maximum payable amount of$160,800 (an increase of$87,840) -action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (DESS) 3.11 Amendment Two to Agreement with Valley Oak Children's Services to Provide CalWORKs Stage One Child Care Services - Approval is requested for an amendment to the agreement with Valley Oak Children's Services for the provision of mandated CalWORKs Stage One Child Care services. These services assist clients in eliminating barriers to employment and participating in educational programs.The agreement is being amended due to an increased number of children requiring child care. The term of the agreement remains July 1, 2013 through June 30, 2016, with a maximum payable amount of$4,990,000 ($1,400,000 for FY 2013-14;$1,690,000 for FY 2014-15; and$1,900,000 for FY 2015-16).This is an increase of$500,000 for FY 2015-16 -action requested -APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (DESS) 3.12 Award of Contract to Slater and Son, Inc., for Tenant Infill at 3217 Cohasset Road, Chico, for Behavioral Health - On October 27, 2015, the Board approved the lease of 3217 Cohasset Road, in Chico, for the relocation of the Behavioral Health Department's administrative functions. In addition, the Board approved budget adjustments to utilize$100,000 in funding provided by the property owner to allow the County to complete tenant infill improvements necessary for occupation by the Department that will be consistent with other design features of the facility.The bids received ranged from a low of$298,306 to a high of$363,900. Staff recommends that the Board approve the plans and specifications, and approve the agreement with Chico based Slater and Son, Inc. in the amount of$298,306 to complete the project.The detailed Plans and Specifications are available for viewing at the General Services Department,and funding for the project is contained in the current Capital Improvement Budget - action requested - 1) APPROVE THE CONSTRUCTION PLANS AND SPECIFICATIONS, IFB NO. 58-16; 2) APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR CONTROLLER; AND 3)APPOINT THE GENERAL SERVICES DIRECTOR AS THE OFFICER OF THE PROJECT. (General Services) PAGE 3 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/22/2016 3.13 Award of Contract to Scott Gibson Architect, INC.for Design of Tenant Infill at 205 Mira Loma,Suite 30,for DESS - On February 23, 2016, the Board approved a lease of 205 Mira Loma, Suite 30, in Oroville, for occupancy by the Department of Employment and Social Services (DESS). To maximize efficiency, DESS requires tenant infill improvements necessary for occupation by the Department. Staff recommends that the Board award the contract for the interior design phase of 205 Mira Loma, Suite 30, to Scott Gibson Architect, INC. with a not-to-exceed amount of$28,850. Once the improvements are designed, staff will return to the Board for approval of the construction contract. Funds for this design phase are included within the FY 2015-16 Capitol Project budget and no additional appropriation is required-action requested - APPROVE THE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (General Services) 3.14 Amendment One to Lease of 109 Table Mountain Boulevard in Oroville with Mannerino Trust, for Occupancy by Public Health -The Butte County Department of Public Health occupies a warehouse at 109 Table Mountain Boulevard for storage of emergency supplies and equipment. The current lease, in hold- over status, has a monthly rent payment of$0.345 per square foot including Common Area Maintenance (CAM) charges,for a total monthly payment of$1,035 per month for the 3,000 square foot facility. Under the terms of the Amendment,the rent payment, including CAM charges,will have a rate of approximately $0.35333 per square foot for a total payment of $1,060 per month. Additionally, the Amendment will extend the planned termination date for this agreement to September 30, 2018. Funding for this lease is identified within the Public Health FY 2015-16 budget and no additional appropriation is required -action requested - APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (General Services) 3.15 Sublease Agreement of 205 Mira Loma Drive Suite # 40 in Oroville with Guillon Inc., for Occupancy by Public Health-The Butte County Department of Public Health occupies 205 Mira Loma Drive Suite#40,for warehouse storage of emergency supplies and equipment.The facility is owned by the Jon H. Bechtel Trust and,through a Master Lease, is under the control of Guillon, Inc. Staff recommends that the Board execute a sublease of the facility from Guillon, Inc. The current sublease, in hold-over status, has a monthly rent payment runs $0.50 per square foot including Common Area Maintenance (CAM) charges, for a total monthly payment of$1,657.50 per month for the 3,315 square feet. Under the terms of the new sublease, the rent payment, including CAM charges, will have a rate of$0.52 per square foot for a total payment of $1,723.80 per month.The planned termination date for this agreement is February 28, 2021, and includes the option to extend for an additional sixty month period. Funding for this sublease is identified within the approved Public Health FY 2015-16 operating budget and no additional appropriation is required. In addition, and in an effort to secure the rights of occupancy by Public Health in the event that the Master Lease between the Jon H. Bechtel Trust and Guillon, Inc. expires or is terminated, staff also recommends that the Board approve the Attornment Agreement with the Jon H. Bechtel Trust. The Attornment Agreement establishes the occupancy rights of PH directly with the Jon H. Bechtel Trust in the event the facility is no longer under the control of Guillon, Inc. - action requested - 1) APPROVE THE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 2) APPROVE THE ATTORNMENT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (General Services) 3.16 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 increase the total allocations in the County by 1 FTE. PAGE 4 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/22/2016 COUNTY ADMINISTRATION: requests to delete one (1) vacant Deputy Chief Financial Officer and add one (1) Assistant Chief Administrative Officer position. The department has been without an Assistant Department Head since 2009 and has determined it istime to reinstatethe classification in the Department to meet operational needs. The total allocations in the department will remain unchanged. There will be no additional budget impact to the General Fund. DISTRICT ATTORNEY: requests to change (1)flexibly staffed, Limited Term position of District Attorney VI, III, 11, 1 (term position to end 6/30/2016)to become a permanent flexibly staffed District Attorney VI/III/11/1. The total allocations in the department will remain unchanged and there will be no additional budget impact on the General Fund. GENERAL SERVICES: requests to add (1) Limited Term position of Capital Improvement Project Manager (term position to end 1/31/2021). Allocation of this position to General Services will allow for one Project Manager to be dedicated to the Jail project for the duration of the project as detailed in previous reports to the Board. Needed budget adjustments have already been approved as part of previous Board actions and no additional adjustments are needed. The total allocations in the department will increase by one (1). HUMAN RESOURCES: requests to delete one (1) vacant flexibly staffed Human Resources Analyst, Principal/ Human Resources Analyst, Senior/Human Resources Analyst/Human Resources Analyst, Associate and add one (1) flexibly staffed Human Resources Technician, Senior/Human Resources Technician/Human Resources Technician, Associate and add one (1) Labor Relations Officer. These changes will better suit the current and future needs of the department. The total allocations in the department will increase by one (1). There will be no additional budget impact on the General Fund. HUMAN RESOURCES: Per the request of County Administration above,the Human Resources Department is requesting to change the salary range for Assistant Chief Administrative Officer(Section 28, Reference L (Effective 1/2/16-2% and Effective 12/31/16-2%) of the Salary Ordinance titled, "Non-Represented Classifications" in accordance with resolution 15-180 section 1.6 a. The updated salary range shall be set at 93. INFORMATION SYSTEMS: Information Systems Department is requesting to delete one (1) vacant GIS Technician related to a reclassification and delete one(1)vacant Accounting Systems Analyst and add one (1)flexibly staffed Information Systems Analyst,Senior/Information Systems Analyst/Information Systems Analyst, Associate to better suit the needs of the department. Total allocations for in the department decrease by one (1). There is no additional budget impact on the General Fund. PUBLIC HEALTH: The Public Health Department is requesting to delete one(1)vacant flexibly staffed Public Health Nurse, Senior/Public Health Nurse/ Public Health Nurse, Associate/ Staff Nurse, Senior/ Staff Nurse/Staff Nurse, Associate and add one (1) Supervisor, Pubic Health Nurse to better meet the current and future organizational needs of the department. The total allocations in the department will remain unchanged and there will be no budget impact on the General Fund - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.17 Resolution Recognizing National Public Health Week 2016 - In 1995, a presidential proclamation designated the first week of April each year as National Public Health Week. In observance of Public Health PAGE 5 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/22/2016 Week,the Public Health Department is requesting the Board of Supervisors adopt a resolution recognizing the week of April 4th through 10th as National Public Health Week 2016.The theme for this year's National Public Health Week is "Healthiest Nation 2030." The 2016 National Public Health Week theme was developed to create awareness that healthy communities start with healthy individuals. The theme involves two steps: 1) Creating a healthy "me" by promising to make healthy choices that improve our health and set examples for our family and friends; and 2)Creating a healthy"we" by promising to support efforts to improve the social and environmental factors that affect everyone's health and limit the ability for many people to make healthy choices. The Public Health Department will be focusing its internal educational efforts during Public Health Week on promoting healthy lifestyle and diet changes to improve the health of our work community. Butte County Health Department has also organized the second annual countywide walking challenge where 50 teams (444 members) and an additional 141 individuals representing all county departments are competing to see who can take home the bragging rights for most steps walked. Other activities include daily walks with Public Health staff lead by division or program leaders, healthy snack baskets available at all Public Health locations, and Public Health awards to recognize the outstanding professionalism, dedication and contributions made by Butte County Public Health employees - action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Health) Cathy Raevsky, Director of Public Health, accepted the resolution. 3.18 Grant Agreement with California State Department of Public Health for Hepatitis C(HCV) Project-Approval is requested for a revenue agreement with the California Department of Public Health (CDPH) for the provision of the Hepatitis C Virus(HCV)Testing and Linkages to Care Project. This three-year grant program will focus on increasing the number of individuals with probable HCV cases who receive follow-up confirmatory testing and appropriate case management and clinical care. This will be achieved through outreach efforts to individuals with unconfirmed HCV and working with key partners and community members to reduce barriers to care, especially in high-risk and under-served populations.The term of the agreement is March 1, 2016 through June 30, 2018. The maximum amount receivable over the term of the agreement is$549,000 ($183,000 for March 1, 2016 through June 30, 2016; $183,000 for July 1, 2016 through June 30, 2017; and $183,000 for July 1, 2017 through June 30, 2018) - action requested - 1) APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER;AND 2)APPROVE A BUDGET ADJUSTMENT(4/5 vote required). (Public Health) 3.19 Resolution Giving Notice of Hearing to Vacate an Unnecessary Public Right-of-Way in the Community of Nord - The Department of Public Works has received a petition to vacate (abandon) portions of unnecessary public rights of way in the Town of Nord southwest of Market Street. The proposed streets to be vacated are as follows: 1)The southwesterly extension of Folsom Street between Market Street and Sacramento Street; 2) The northwestern half of the southwesterly extension of Washington Street between Market Street and Sacramento Street; and 3)The portion of Sacramento Street between Folsom Street and Washington Street.These streets were created by an antiquated map of the Town of Nord. The map was not approved by the Board of Supervisors, but the streets were offered to the public so there is some public interest in them. There currently are no County maintained roads in these areas and the surrounding property owners have asked for the vacation to add these strips to their own parcels. Public Works has no objection to the vacation. The vacated portions of these streets will be Quit Claimed to the following parcels: APN 047-170-034 - McClung; APN 047-170-033 - Hernandez; and APN 047-170-017 - Roberson. On January 28, 2016, the Planning Commission determined that the request was in PAGE 6 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/22/2016 conformance with the General Plan - action requested - ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.20 State Of California, Off-Highway Motor Vehicle Recreation (OHMVR) Grant - The Sheriff's Office patrols back-country recreation areas via snow machines or off-road vehicles to assist recreational ists, perform rescues when necessary and to educate the public as to safe practices when enjoying the remote outdoors. The Sheriff's Office endeavors to pursue grant funding when available. On March 7, 2016, the Sheriff's Office submitted their preliminary 2017 grant application to California Department of State Parks and Recreation, Off-Highway Motor Vehicle Recreation. The grant will provide uniformed law enforcement year-round on the Plumas and Lassen National Forest, Jonesville Snowpark and Butte Meadows during periods of high usage. The grant application requires a Board of Supervisors Resolution approving the applicant to apply for grant funds. If approved, the grant request in the amount of $97,611 requires a match of approximately $33,356. The match will be met by existing county funded personnel providing supervisory and administrative grant oversight, extra help personnel, Search & Rescue volunteers, and a capital asset of a Jeep Rubicon vehicle. Matching funds will be expended using OHV green sticker funds. Upon successful grant award, the Sheriff's Office will prepare another agenda item for Board approval - action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff-Coroner) 3.21 Technical Advisory Committee Appointment - The Groundwater Conservation Ordinance (Chapter 33 of the Butte County Code) has provisions regarding the membership of the Technical Advisory Committee (TAC) and how its members are appointed. The ordinance defines the TAC as a seven person committee nominated by the Butte County Water Commission and appointed by the Board. TAC members must have substantial expertise in water management or hydrology. Amanda Aguiar of Butte County Environmental Health has taken over the responsibilities in the water program previously held by Elaine McSpadden who has been serving on the TAC. Elaine McSpadden has resigned her position and Environmental Health Director Brad Banner recommends the appointment of Ms.Aguiar to the TAC.On March 2,2016,the Butte County Water Commission voted unanimously to recommend the Board of Supervisors appoint Amanda Aguiar to the TAC - action requested - APPOINT AMANDA AGUTAR TO THE TECHNICAL ADVISORY COMMITTEE. (Water and Resource Conservation) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.08 WHICH WAS REMOVED FOR DISCUSSION ON THE REGULAR AGENDA. (Motion: Kirk; Second:Teeter) VOTE: Motion APPROVED 5 -0 REGULAR AGENDA 4.01 Boards, Commissions and Committees A. Appointments to Listed Vacancies (None) B. Board Member/Committee Reports and Board Member Comments Supervisor Teeter reported that a former Butte County Fair Board member, Doug Flesher, died on March 15, 2016. In addition to many other contributions to a variety of organizations in Butte County, Mr. Flesher taught welding classes to youths in the Butte County Juvenile Hall. Supervisor Lambert indicated that there will be a Celebration of Life ceremony on Saturday, March 26 at the Elks Lodge in Paradise. PAGE 7 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/22/2016 Supervisor Teeter reported he attended a Rural County Representatives of California (RCRC) Board meeting. At the meeting, a report was given that Shasta County is working on a ban related to butane which is used to make honey oil. He requested staff look into what Shasta County is doing. Paul Hahn, CAO, reported that Administration is aware and has already begun looking into the matter. Supervisor Teeter also reported that RCRC is opposing SB1317 and he requested staff review that legislation. 4.02 Update of Current Budget/Legislative Issues by the Chief Administrative Officer-action requested - PROVIDE DIRECTION TO STAFF. Paul Hahn, Chief Administrative Officer, requested Board approval for the Chair to sign a letter of support for AB1758, which would help provide better access to broadband services in rural communities. The Board agreed it was consistent with prior Board direction and authorized the Chair to sign the letter. 4.03 General Plan Follow-Up and Implementation by Director of Development Services. This item was removed from today's agenda. There was no report given. ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. (Item 4.04) 3.08 Request to Amend Development Services Position Allocation -The Department of Development Services began enforcing the County's Restriction on Cultivation of Medical Marijuana Ordinance in January 2015 and the Department received 1,489 complaints about medical marijuana cultivation and issued 894 citations during the year. Eight extra-help staff(six Code Enforcement Officers and two support staff)were hired for the 2015 cultivation season to augment two existing Code Enforcement Officers in addressing the additional case load from enforcing violations to the restriction on medical marijuana cultivation.Given the Board's ability to regulate local land use, enforcement of restrictions on cultivating medical marijuana is likely to be in the Department's program of work going forward and it is not sustainable for a demanding, complex program such as this to be operated with extra-help staff. The Department requests an amendment to the Salary ordinance to add four (4) positions: two (2) Code Enforcement Officers, one (1) Office Assistant/Office Specialist/Office Specialist Senior, and one (1) Fiscal Manager to address ongoing needs for enforcing violations to the County's Restriction on Cultivation of Medical Marijuana Ordinance. The Code Enforcement Officers and the Office Assistant positions will be primarily assigned to Code Enforcement. These positions will be assigned along with existing staff to all code case types. The Fiscal Manager position will be assigned to work with the span of fiscal issues within the department,though, a key aspect of this position is the growing demands of the Code Enforcement processes. These processes include Nuisance Abatement and related liens, Abandoned Vehicle Abatement towing and revenue disbursement, and citations and penalties from violations to the County's Restriction on Cultivation of Medical Marijuana Ordinance. The cost of the additional positions is included in the Department's FY 2015-16 budget allocation and will be included within the Department's budget request for FY 2016-17 - action requested-ADOPTTHE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) Tim Snellings, Director of Development Services, and Pete Calarco, Assistant Director of Development Services, provided a report. The following individuals addressed the Board: Chris McCay; Jessica Mackenzie; Ms. Reeves; DC Jones; Dot Morris; Claude; Mike Willus;James Carrell; Andrew Merkel; Dean Moreland; and Alec Green. PAGE 8 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/22/2016 MOTION: I MOVE TO ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Motion: Wahl; Second: Teeter) VOTE: Motion APPROVED 5 -0 4.05 Introduction of an Ordinance - Revision of Butte County On-Site Wastewater Systems Ordinance (BCC Chapter 19) and On-Site Wastewater Manual -On March 16, 2010, the Board of Supervisors adopted the On-Site Wastewater Systems Ordinance (BCC Chapter 19) and a resolution adopting the On-Site Wastewater Manual specifying technical and procedural requirements for wastewater system. State Water Resources Control Board adopted on June 19, 2012 the "On-Site Wastewater Treatment Systems (OWTS) Policy"that sets forth standards for on-site wastewater systems that must be applied at the local level. As a result, revisions are needed to the County's wastewater ordinance and manual.The proposed ordinance revisions address OWTS Policy requirements and enhance the wastewater program by: 1) Streamlining the process for permitting graywater systems; 2) Increasing local jurisdiction of systems from 2,500 to 10,000 gallons per day; 3) Increasing from 18 to 24 inches the depth of soil beneath drainfields to groundwater for existing parcels; 4) Clarifying Certified Designer credential requirements; 5) Creating a new Certified Operation, Monitoring, and Maintenance Specialist level for pressure distribution systems; and (6) Modifying terminology for greater clarity. Proposed Manual changes would include: 1) Authorize Environmental Health to obtain the services of a third party engineer to assist in the review of large, complex wastewater system designs or defer oversight to the Regional Board; 2) Designate concentrated recreational vehicle waste as "high strength"; 3) Increase certain setbacks to public water systems; 4) Update guidance for Mound System installation;and 5) Increase clarity and consistencywith the Ordinance -action requested -WAIVE THE FIRST READING OF THE ORDINANCE. (Public Health) Brad Banner, Environmental Health Director, provided a report. MOTION: I MOVE TO WAIVE THE FIRST READING OF THE ORDINANCE. (Motion: Kirk; Second: Lambert) VOTE: Motion APPROVED 5 -0 4.06 Purchasing Policy and Introduction of Two Ordinances to Repeal and Replace Chapters 46 and 51 of Butte County Code -The latest version of the Purchasing Manual was adopted by the Board of Supervisors on December 16, 2003 and no longer meets the needs of the County. A Pilot Team was created in 2012 charged with drafting and testing improved policies and procedures designed to improve procurement functions throughout the County.Staff recommends that the Board adopt the new policies and procedures and introduce related updates to Butte County Code replacing Chapters 46 and 51.The Pilot Team, led by General Services, has completed and tested new policies and procedures for Board consideration titled "The Center-Led Contracts/Procurement Policies and Procedures Manual." The new policies and procedures are a comprehensive re-write based on a Center-Led business model intended to take best practices from both the centralized and decentralized approaches to contracting and procurement. A Center-Led policy centralizes the drafting of policy and negotiating of complex and strategic transactions, while providing the departments more authority, once trained, to handle normal day-to-day functions in a decentralized fashion. A summary of key changes between the old manual and the new, along with a transition plan for migrating all County departments to the new policies and procedures, is included in the staff report-action requested - 1)ADOPT THE CENTER-LED CONTRACTING/PROCUREMENT POLICIES AND PROCEDURES EFFECTIVE MAY 12, 2016 AND AUTHORIZE THE CHAIR TO SIGN; AND 2) AND WAIVE THE FIRST READING OF EACH ORDINANCE (2). (General Services) PAGE 9 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/22/2016 Grant Hunsicker, Director of General Services, provided a report. MOTION: I MOVE TO ADOPT THE CENTER-LED CONTRACTING/PROCUREMENT POLICIES AND PROCEDURES EFFECTIVE MAY 12, 2016 AND AUTHORIZE THE CHAIR TO SIGN; AND WAIVE THE FIRST READING OF EACH ORDINANCE (2). (Motion:Teeter; Second: Kirk) VOTE: Motion APPROVED 5 -0 4.07 Introduction of an Ordinance adding Article VI, entitled "Regulations for Limited Density Owner-Built Rural Dwellings", to Chapter 26 - The Concow Community Citizens Committee requested the Department of Development Services recommend re-adopting the ordinance adding Article VI, entitled, "Regulations for Limited Density Owner-Built Rural Dwellings,"to Chapter 26 of the Butte County Code,entitled,"Building." The Department recommends the Board adopt the ordinance specific to the Concow/Yankee Hill/Big Bend area with no expiration date. Citizens of the Concow/Yankee Hill/Big Bend area have expressed a desire to legalize the construction of Limited Density Owner-Built Rural Dwellings (LDOBRD) in compliance with Article VI, and have emphasized the values of affordability, sustainability, self-sufficiency, creativity, and character of the rural communities. A large portion of the Concow/Yankee Hill/Big Bend area is very remote and utility services are cost prohibitive and difficult to obtain. Since the initial adoption of these regulations by Butte County in 2009, which expired December 31, 2015, 12 new homes were constructed in the Concow/Yankee Hill/Big Bend area utilizing the ordinance. There were no problems linked to the use of the ordinance since its original adoption. The 2013 California Residential Code includes language that references the ability to use LDOBRD when adopted by ordinance by the local jurisdiction. Currently, there are nine Counties, in addition to Butte County, that have adopted a LDOBRD Ordinance: Amador, Del Norte, Humboldt, Marin, Mendocino, Mono, Nevada, Sonoma and Ventura-action requested-WAIVE THE FIRST READING OF THE ORDINANCE. (Development Services) Nancy Springer, Building Manager with Development Services, provided a report. Dot Morris, a member of Concow Community Citizens Committee, provided presentation on homes built under T25. The following individuals addressed the Board: Laurel Paulson Pierce; DC Jones; Sara;Amanda Pyle;John; Michael Twofeathers. MOTION: I MOVE TO WAIVE THE FIRST READING OF THE ORDINANCE. (Motion:Teeter; Second: Kirk) VOTE: Motion APPROVED 5 -0 The Board requested staff to look into applying T25 in all areas of the County. PUBLIC HEARINGS AND TIMED ITEMS 5.01 9:30 a.m. -Timed Item -2016 Update of Activities of the Sutter Butte Flood Control Agency(SBFCA) - Each year SBFCA staff provide an update the Board on the agency's activities. This year, SBFCA achieved significant progress on the project in a number of areas including construction, design, right-of-way, environmental clearance, and permitting. Mike Inamine, Executive Director or Michael Bessette, Director of Engineering for SBFCA will update the Board on SBFCA activities over the last year - action requested - ACCEPT FOR INFORMATION. (Public Works) PAGE 10 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/22/2016 Tom Fossum, Deputy Director of Public Works, introduced this item. Mike Inamine, consultant for SBFCA, provided a report. This item was for information only. There was no Board action taken. 5.02 9:45 a.m. - Public Hearing-Application for Outdoor Festival License ( 4-MISC16-0006) - Monser (Field of Haze Music& Lifestyle Festival) -Jeff Monser has submitted an application for an Outdoor Festival License per Chapter 12, Article III. Outdoor Festivals (Butte County Code Sections 12-25 through 12-33).The festival is proposed for one day, Saturday, April 16, 2016,from 10:00 a.m.to 12:00 a.m. They anticipate to have a total of 2,500 to 4,500 people, which includes 60 to 80 volunteers. The festival is proposed to be held at the 'Field of Dreams' property located at the northeast corner of SR-70 (Clark Road) and O'Neal Road in Butte Valley. Specifically,the festival will be held on APN 041-150-029 with parking on APN 041-150-045.The festival will include music, art, clothing, craft vendors, and a wide variety of food concessions.The Development Services Department has completed an environmental review of the application, completed a site visit, and determined that since no permanent structures will be built,the project is categorically exempt from the California Environmental Quality Act(CEQA), per Section 15304 (e) of the CEQA Guidelines -"Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, etc.".The festival application was circulated to affected County departments and other agencies for their comments and requirements -action requested - 1) FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(e) OF CEQA; AND 2)APPROVE THE APPLICATION FOR OUTDOOR FESTIVAL LICENSE MISC16-0006 SUBJECT TO RECOMMENDED CONDITIONS. (Development Services) Tim Snellings, Director of Development Services, introduced this item. Mark Michelena, Senior Planner, provided a report. Jeff Monser, the festival applicant, answered questions from the Board as did the event's Security Manager, Kenny. Captain Jerry Jones,from the Sheriff's office, addressed the Board. The following individuals also addressed the Board: Myron Oppenshaw and Bob Adolf. MOTION: I MOVE TO FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(E) OF CEQA; AND APPROVE THE APPLICATION FOR OUTDOOR FESTIVAL LICENSE MISC16-0006 SUBJECT TO RECOMMENDED CONDITIONS AND ADDING SOME EXTRA CONDITIONS AS FOLLOWS: 1) 10:00 P.M. CUTOFF FOR AMPLIFIED SOUND; 2) CONTRACT WITH THE CHP FOR HELP AT INTERSECTIONS AND ENFORCE NO PARKING ON CLARK ROAD; 3) PROVIDE SECURITY ON THE SURROUNDING PRIVATE PROPERTY IF APPROVED BY NEIGHBORS OR AT THE FENCELINE; 4) A LARGE 'NO PARKING' SIGN ON CLARK ROAD; 5) 24 HOURS/GRAVEYARD SECURITY AND PORTA POTTY FACILITIES FOR FESTIVAL ATTENDEES WHO MAY STAY IN PARKING LOT OVERNIGHT; 6) INSURANCE AND BONDING VERIFICATION INCLUDING INSURANCE FOR SURROUDING PROPERTY OWNERS IF REQUESTED; 7) APPLICANT TO PROVIDE PRIVATE PATROL LICENSES AND VAILD GUARD CARDS TO THE SHERIFF'S OFFICE AS REQUESTED; AND 8) A PICKUP/DROP OFF STAND FOR UBER RIDES. (Motion: Teeter; Motion failed to carry for lack of second) PAGE 11 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/22/2016 MOTION: I MOVE TO FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(e) OF CEQA; AND APPROVE THE APPLICATION FOR OUTDOOR FESTIVAL LICENSE MISC16-0006 SUBJECT TO RECOMMENDED CONDITIONS AND ADDING SOME EXTRA CONDITIONS AS FOLLOWS: 1) 12:00 A.M. CUTOFF FOR AMPLIFIED SOUND; 2) CONTRACT WITH THE CHP FOR HELP AT INTERSECTIONS AND ENFORCE NO PARKING ON CLARK ROAD; 3) PROVIDE SECURITY ON THE SURROUNDING PRIVATE PROPERTY IF APPROVED BY NEIGHBORS OR AT THE FENCELINE; 4) A LARGE 'NO PARKING' SIGN ON CLARK ROAD; 5) 24 HOUR/GRAVEYARD SECURITY AND PORTA POTTY FACILITIES FOR FESTIVAL ATTENDEES WHO MAY STAY IN PARKING LOT OVERNIGHT; 6) INSURANCE AND BONDING VERIFICATION INCLUDING INSURANCE FOR SURROUDING PROPERTY OWNERS IF REQUESTED; 7) APPLICANT TO PROVIDE PRIVATE PATROL LICENSES AND VAILD GUARD CARDS TO THE SHERIFF'S OFFICE AS REQUESTED;AND 8) A PICKUP/DROP OFF STAND FOR UBER RIDES. (Motion: Lambert; Second: Kirk) VOTE: Motion carried 4- 1 YEA: Supervisor Connelly, Supervisor Wahl, Supervisor Kirk, Supervisor Lambert NAY: Supervisor Teeter 5.03 9:55 a.m. - Public Hearing-Applications for Outdoor Festivals at 2500 Estes Road, Chico, CA- Per Chapter 12,Article III. Outdoor Festivals (Butte County Code Sections 12-25 through 12-33). A. Application for Sherwood Montessori Charter School - Sherwoodstock (MISC16-0002) - Sherwood Montessori Charter School has submitted an application for an Outdoor Festival License. The festival is proposed for one day, Saturday, May 14, 2016,from 4:00 p.m.to 8:00 p.m. They anticipate having a total of 400 people,which includes 100 volunteers.The festival and parking are proposed to be on APN 039-410- 032 and additional parking on APN 039-410-039. The festival site is at the end of Estes Road (2500 Estes Road), south and west of Chico.The festival is described as a family-oriented fundraiser featuring children's crafts and activities; a silent auction; and performances of amplified sound, including jazz,folk,country and world music. It will also include food trucks, volunteer-operated beverage booths, and a Kleen Kanteen water station. The Development Services Department has completed an environmental review of the application, completed a site visit, and determined that since no permanent structures will be built, the project is categorically exempt from the California Environmental Quality Act(CEQA), per Section 15304(e) of the CEQA Guidelines, "Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, etc.". The festival application was circulated to affected County departments and other agencies for their comments and requirements - action requested - 1) FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(e) OF CEQA; AND 2) APPROVE THE APPLICATION FOR OUTDOOR FESTIVAL LICENSE MISC16-0002 SUBJECT TO RECOMMENDED CONDITIONS. (Development Services) Mark Michelena, Senior Planner with Development Services, provided a report. The property owner answered questions from the Board related to parking. PAGE 12 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/22/2016 MOTION: I MOVE TO FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(e) OF CEQA; AND APPROVE THE APPLICATION FOR OUTDOOR FESTIVAL LICENSE MISC16-0002 SUBJECT TO RECOMMENDED CONDITIONS. (Motion: Kirk; Second: Lambert) VOTE: Motion APPROVED 5 -0 B. Application for Wildflower Open Classroom (MISC16-0004) -Wildflower Open Classroom has submitted an application for an Outdoor Festival License. The festival is proposed for one day, Saturday, May 7, 2016, from 12:00 p.m.to 8:00 p.m. They anticipate to have a total of 750 people,which includes 200 volunteers. The festival and parking are proposed to be on APN 039-410-032 and parking on APN 039-410-039. The festival site is at the end of Estes Road (2500 Estes Road), south and west of Chico.The festival is described as a family-oriented fundraiser for a public charter school featuring children's crafts and activities; a silent auction; and several performances of amplified sound, including jazz, folk, country, and world music. Food will be provided by food trucks, volunteer-operated beverage booths, and a Kleen Kanteen water station. The Development Services Department has completed an environmental review of the application, completed a site visit, and determined that since no permanent structures will be built, the project is categorically exempt from the California Environmental Quality Act (CEQA), per Section 15304 (e) of the CEQA Guidelines - "Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, etc.". The festival application was circulated to affected County departments and other agencies for their comments and requirements - action requested - 1) FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(e) OF CEQA; AND 2) APPROVE THE APPLICATION FOR OUTDOOR FESTIVAL LICENSE MISC16-0004 SUBJECT TO RECOMMENDED CONDITIONS. (Development Services) Mark Michelena, Senior Planner with Development Services, provided a report. MOTION: I MOVE TO FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(e) OF CEQA; AND APPROVE THE APPLICATION FOR OUTDOOR FESTIVAL LICENSE MISC16-0004 SUBJECT TO RECOMMENDED CONDITIONS. (Motion: Kirk; Second: Lambert) VOTE: Motion APPROVED 5 -0 C. Application for KZFR Golden Valley Broadcasters Outdoor Festival License (MISC16-0005) - KZFR Golden Valley Broadcasters has submitted an application for an Outdoor Festival License. The festival is proposed for one day, Thursday, June 16, 2016,from 6:00 p.m. to 10:00 p.m. They anticipate to have a total of 400 people, which includes 50 volunteers. The festival and parking are proposed to be on APN 039-410-032 and parking on APN 039-410-039. The festival site is at the end of Estes Road (2500 Estes Road), south and west of Chico.The festival is described as a KZFR benefit concert with James McMurtry. It will include food trucks, beverage booths with bottled water provided free. The Development Services Department has completed an environmental review of the application, completed a site visit and determined that since no permanent structures will be built, the project is categorically exempt from the California Environmental Quality Act (CEQA), per Section 15304 (e) of the CEQA Guidelines - "Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, etc.". The festival application was circulated to affected County departments and other agencies for their comments and requirements - action requested - 1) FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(e) OF CEQA; AND 2) APPROVE THE APPLICATION FOR OUTDOOR FESTIVAL LICENSE MISC16-0005 SUBJECT TO RECOMMENDED CONDITIONS. (Development Services) Mark Michelena, Senior Planner with Development Services, provided a report. PAGE 13 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/22/2016 MOTION: I MOVE TO FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(E) OF CEQA; AND APPROVE THE APPLICATION FOR OUTDOOR FESTIVAL LICENSE MISC16-0005 SUBJECT TO RECOMMENDED CONDITIONS. (Motion: Kirk; Second: Lambert) VOTE: Motion APPROVED 5 -0 6. BOARD OF SUPERVISORS PUBLIC COMMENT(each speaker limited to five minutes) Andrew Merkel addressed the Board. Recess Recessed as the Butte County Board of Supervisors and convened as the In-Home Supportive Services Public Authority Board. PAGE 14 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/22/2016 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD MINUTES MARCH 22, 2016 1. Called to Order- Butte County Board of Supervisors Chambers, 25 County Center Drive, 2. Consent Agenda (No Items) 3. Regular Agenda (No Items) 4. IHSS PA Board Closed Session (To be held contemporaneously with the Board of Supervisors closed session) CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: CATHI GRAMS,JACK HUGHES AND BRIAN RING EMPLOYEE ORGANIZATION: UDW There were no announcements out of closed session. S. IHSS PA Board 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 15 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 3/22/2016 BOARD OF SUPERVISORS CLOSED SESSION (To be held contemporaneously with the IHSS PA Board closed session) 7.01 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO 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 7.02 ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(d)(1) -3 CASES: A. CATHERINE SMITH,JOINT SUCCESSOR-IN-INTEREST TO DECEDENT CORY BUSH; M.B.,JOINT- SUCCESSOR-INTE REST TO DECEDENT CORY BUSH,THROUGH HIS GUARDIAN AD LITEM,VICTORIA MOSELEY v. COUNTY OF BUTTE, ET AL., AND DOES 1-25; USDC EASTERN DISTRICT CASE NO. 15-cv- 00988-KJ M-CM K; B. HELENA MEYER v. COUNTY OF BUTTE;WORKERS' COMPENSATION APPEALS BOARD LEGACY CASE NO. ADJ1551306 (CLAIM NO. BUAC-347654); AND C. AMY GRANAT, CORKY LAZZARINO, SIERRA ACCESS COALITION, ET AL. v. UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES FOREST SERVICE, ET AL.; USDC EASTERN DISTRICT CASE NO. 15-00605 MCE-EFB. There were no announcements out of 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 APRIL 12, 2016 BILL CONNELLY, CHAIR BUTTE COUNTY BOARD OF SUPERVISORS ATTEST: Paul Hahn, Chief Administrative Officer and Clerk of the Board PAGE 16