HomeMy WebLinkAboutM040913 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/9/2013
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.
1307-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, READ TWO MINOR CORRECTIONS INTO THE
RECORD FOR ITEMS 3.06 (RESOLUTION TO AMEND THE SALARY ORDINANCE)AND 3.15
(CONTRACT AMENDMENT AND CAPITAL ASSET APPROVAL) . THERE WERE NO SUBSTANTIVE
CHANGES.
1307-002 CONSENT AGENDA
1. Relias Learning, LLC - Relias Learning, LLC, provides electronic learning (e-learning) solutions through
SaaS (Software as a Solution) based 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. The Butte County Behavioral Health (BCDBH)
requests approval from the Board of Supervisors to enter into an agreement with Relias Learning, LLC,
to provide online training for BCDBH employees and RUSH Personnel employees (temporary workers)
working within BCDBH. The term of the agreement begins April 10, 2013, and will terminate June 30,
2015. The maximum financial obligation under this agreement shall not exceed $53,584 broken down
as follows - $2,500 for fiscal year (FY) 2012-13, $25,542 for FY 2013-14, and $25,542 for FY 2014-15 -
action requested - APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health)
2. Annual Disclosure of Compliance with Continuing Disclosure Requirements for Debt Issuance - The
County has covenanted to meet Continuing Disclosure Requirements as specified in the documentation
for issuance of long term debt. Currently, the 2003 Refunding Certificates of Participation, the 2004
Pension Obligation Bonds, and the 2006 Certificates of Participation are outstanding long term debt
issues for which specific Disclosure documents must be filed timely with the Municipal Securities
Rulemaking Board (MSRB), via Electronic Municipal Markets Access (EMMA). Additionally, the United
States Department of Agriculture ("USDA"), pursuant to the Bangor Fire Station #55 Certificates of
Participation, and the holders of the long term capital lease arrangements, such as the financing for
the Veterans' Halls in Chico and auto and equipment leases, require annual reporting of financial
information directly to each lender. To ensure documentation of the County's compliance with the
Continuing Disclosure Requirements, the Board of Supervisors is provided with evidence of timely
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/9/2013
filings on an annual basis. During the current fiscal year, all of the required annual disclosure
information was provided timely to EMMA, the USDA, all other interested parties, leasing agencies,
and credit reporting agencies. The documentation in the staff report, which includes confirmations of
this year's filings with EMMA and a copy of the Miscellaneous Statistical Information for Butte County,
supports this certification that all Continuing Disclosure Requirements have been met for the fiscal
year ending June 30, 2012.
3. E-Filing System for Campaign Disclosure and Statements of Economic Interests - The County Clerk-
Recorder/Registrar of Voters requests approval of an agreement with WestCoast Online Information
Systems, Inc - NetFile, to provide an online electronic filing and management system for Campaign
Disclosure and Statements of Economic Interests. The system is hosted on the contractor's own secure
servers, allowing copies to be printed using Adobe Acrobat Reader. The system allows the County
Clerk-Recorder/Registrar of Voters to efficiently fulfill the filing officer responsibilities under the
Political Reform Act and provide for savings in staff time and overall costs as automation increases
from filers using the electronic filing system. In addition, the implementation of electronic filing will
allow filers to complete form(s) and schedules with reviews for accuracy prior to submittal into the
system; reduce the number of duplicate filings; reduce the number of amendments; allow filers to
create filing for multiple agencies and automates redaction of information posted on web. The
contractor will ensure that the system meets California Secretary of State and Fair Political Practices
Commission standards for electronic filings and will insure the database stays current with applicable
California statutes, regulations, and forms. The term of the contract is three years with an annual cost
of $17,000 (not to exceed $51,000 over the term) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND DIRECT THE CLERK-RECORDER TO DRAFT AN ORDINANCE PURSUANT TO
GOVERNMENT CODE SECTION 84615 FOR ONLINE OR ELECTRONIC FILING FOR CAMPAIGN
DISCLOSURE. (Clerk-Recorder)
4. The Planning Center ' DC&E Agreement for Strategic Growth Council Oroville Urban Greening - Butte
County has been awarded $322,160 to conduct planning for urban greening in the Oroville Urban Area.
This agreement utilizes grant funds for The Planning Center ' DC&E to prepare the draft and final
greening plan and lead the community workshops for a maximum of $195,872. Consistent with the
Urban Greening Plan Guidelines, the plan will be a community-led process which will identify
opportunities to provide and enhance public amenities and infrastructure in the Oroville Urban Area,
responding to community needs and wishes for improved storm water management, street greening,
adequate parks and open space for exercise and outdoor activities, improved community identity, and
a more secure future for businesses and residents. In coordination with the City of Oroville and the
Feather River Recreation and Parks District, the Plan will include a comprehensive map of opportunity
sites for greening, conceptual plans for six sites, and identify funding sources for implementation of
these proposed projects. Development of the plan will be community-led with extensive outreach.The
State has set the performance period for this grant to begin March 18, 2013 with the first public
workshop scheduled to take place in spring or early summer of 2013. Work on the plan is expected to
be completed in 2015.
5. Capital Asset Authority and Budget Adjustment - Acquisition of Forest Ranch and Bobbies Blue Ledge
Communication Tower Sites - Comcast is in the process of eliminating communication tower sites
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/9/2013
redundant to their needs and has offered to sell the Comcast Forest Ranch communications tower site,
Assessor's Parcel Number 056-050-047, and the Comcast Bobbies Blue Ledge communications tower
site, Assessor's Parcel Number 072-230-057, to the County. The sites, with a combined estimated
value in excess of $130,000, contribute to the County's resources necessary to support County wide
communications needs and the sales price for the two sites together has been negotiated at $60,050.
Staff recommends that the General Services Director be authorized to complete due diligence
inspections with a cost not to exceed $19,950. If after inspection the sites are determined to meet the
needs of the County, General Services will complete public notices and return to the Board seeking
authorization to close escrow and the actual cost of inspections will become a component of the
Capital Assets being acquired. If the sites are determined not to fit the needs of the County, the offer
to acquire the sites will be rescinded. Funding is provided through a reduction in appropriations of
$80,000 in the Information Systems budget and an increase in appropriations of $80,000 in the
General Services budget. There is no net change to the General Fund for this purchase.
6. Resolution to Amend The Salary Ordinance -The Department has prepared a resolution to amend the
Salary Ordinance for the following departments. These changes will initially increase the allocations in
the County by one (1) position until a vacancy is deleted effective July 1, 2013 as part of the
Recommended Budget:
Treasurer Tax-Collector: The Treasurer Tax-Collector Department is requesting is requesting to delete
nine (9)flexibly staffed positions of Accounting Specialist/Account Clerk, Senior/Account Clerk and add
seven (7) flexibly staffed positions of Financial Technician, Senior/Financial Technician/Accounting
Specialist and two (2) flexibly staffed positions of Accounting Specialist/Account Clerk, Senior. These
changes will provide consistency in the Department's positions, better reflect the nature of the
financial work being performed and meet the current and future needs of the Department. Any
possible increase in costs for this fiscal year would be minimal and be covered in the department's
budget. These changes will leave the total allocations in the department unchanged and will have no
net fiscal impact on the County General Fund.
Administration:The Administration Department is requesting to add one (1)flexibly staffed position of
Administrative Assistant, Senior/Administrative Assistant to replace an Executive Assistant position
that will become vacant in June 2013 due to a retirement. This change is being made to better meet
the current and future needs of the department.This change will initially increase the allocations in the
department by one (1) position until the vacancy is deleted effective July 1, 2013 as part of the
Recommended Budget.
Human Resources: The Human Resources Department is requesting to delete the classifications of
Buyer, Senior and Buyer from Section 57, Reference E of the Salary Ordinance titled, "Management,
Confidential and Supervisory (BCMEA) Unit Classifications". These classifications are being deleted as
they are no longer utilized in the General Services Department.
7. Employee Relations, Inc. - Human Resources has broadened the background search criteria for
potential Butte County employees. Human Resources requests to amend the contract between Butte
County and Employee Relations, Inc from a not to exceed $20,000 ($10,000 per fiscal year )to a not to
exceed $35,000 ($17,500 per fiscal year) to account for the broadened criteria. The term of the
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/9/2013
contract remains November 1, 2012 through June 30, 2014.
8. Anti-Drug Abuse (ADA) Enforcement Team Program Operation - The California Board of State and
Community Corrections, which administers the Federal Edward Byrne Memorial Justice Assistance
Grant (JAG), has awarded Butte County $135,447 for the award period October 1, 2012 through
September 30, 2013. The funds will be used toward staffing and support costs associated with the
Butte Interagency Narcotics Task Force (BINTF). Previous Board approval on December 11, 2012
authorized the Chief Probation to apply for the award, sign all grant documents, and administer the
grant. Board approval is requested for an operational agreement between the Butte County Probation
Department, the Butte County Sheriff, the Butte County District Attorney, and the State of California
Department of Justice Bureau of Investigation, to work toward the goal of providing maximum
available assistance for ADA Enforcement Team Program services in Butte County. $85,500 of the
amount awarded will be reimbursed to the Butte County Sheriff for clerical services provided, and
$40,235 will be reimbursed to the State of California Bureau of Investigation for Special Agent
Supervisor services. The remaining $9,712 will be used by the Probation Department for program
support costs. All necessary appropriations were included in the current year participating
department's approved budgets.
9. Ord Ferry Road FDR-C Rehabilitation Project - The Public Works Department is proposing to
rehabilitate the portion of Ord Ferry Road from 300 feet West of Seven Mile Lane to Dayton Road with
a full depth reclamation (reconstruction) with a cement treated base section capped with an asphalt
concrete driving surface. This section of Ord Ferry Road is an important arterial for agriculture related
products as well as a route to cross the Sacramento River. The pavement has experienced pavement
fatigue and localized failures. This new roadway structural section is designed for a 20 year useful life.
Public Works has determined that this work can be most efficiently done by a private contractor. The
engineers estimate for the cost of this work is$1,530,000.
10. Pavement Overlay on Skyway Between Coutolenc and Nimshew Roads -This construction season, the
Public Works Department will perform a hot mix asphalt overlay on Skyway Road from Coutolenc Road
to Nimshew Road. Skyway is a heavily traveled arterial roadway that has experienced pavement
fatigue and localized failures in the travel way over the last several years. Last year, the department
contracted to repair the failures with pavement dig outs. This year,to maintain the wear course of the
pavement, the department must repave the surface with a thin hot mix asphalt overlay to maintain
and extend the life of the pavement. This is necessary not only for standard traffic issues standpoint,
but also because the surface is frequently plowed for snow during the winter months. The project will
also include new reflective striping, shoulder treatments, and concrete pedestrian access
improvements at the existing traffic signals. The department has determined that an overlay is more
appropriate at this time than a County-standard chip seal treatment and can most efficiently be done
by a private contractor.The engineer's estimate for the cost of this work is$1,512,000.
11. Right of Way Acquisition Services - From time to time, the Public Works Department needs to secure
property or obtain the right to use property to complete work on needed road or bridge projects. As
the department does not have the expertise required to comply with all of the regulations involved
with acquiring these rights, outside consultants are used for this work. On January 11, 2013, the
department issued a Request for Qualifications for right of way acquisition services. It was anticipated
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/9/2013
that a Blanket Purchase Agreement and Task Orders would be used as a way to provide these services
for a period not to exceed three years. Bender Rosenthal, Inc. was determined to be the best qualified
to do this work for the department and a blanket purchase agreement for Right of Way Services has
been prepared for the Director's signature pending the Board's authorization.The first anticipated Task
Order was incorporated into the January requests for qualifications and proposals for the acquisition of
property and rights to use property on the Lincoln Blvd. Sidewalk Safety Project. This project entails
acquiring approximately 50 different pieces of property. Task Order 1, providing for the services
required to secure the needed property, has been negotiated at a not to exceed price of$304,400.
12. Budget Adjustment for County Service Areas (CSA) 76, 102, 137, and 180 for Repairs to Drainage and
Fire Protection Pumps - CSA 180 (Red Hawk Ranch) sustained minor damage to the fire protection
pump gauge due to exposure to freezing conditions last winter. The cost for required repairs was not
included in the budget. CSA 137 (Durham-Dayton Industrial Partners) did not have sufficient budget
appropriations for the annual hydrant flushing and pump system checking. County Service Areas 76
(Quail Run) and 102 (Meadowlark Acres) needed repairs to the drainage pump motors that were not
included in the budget. The Public Works Department paid for the work done by Durham Pump and
now needs to be reimbursed by the County Service Areas.
13. Authorization to Award Project to Lowest Responsive and Responsible Bidder for Installation of
Replacement Groundwater Wells at Neal Road Recycling and Waste Facility The Neal Road Recycling
and Waste Facility (NRRWF) must replace two ground water monitoring wells, which are part of the
groundwater monitoring array. The monitoring well array includes wells placed both up gradient from
the actual landfill as well as down gradient to provide background data. Due to a generally decreasing
trend in ground water levels, the up gradient and down gradient wells have become dry and must be
replaced to ensure continued monitoring. The remaining eight wells of the monitoring array remain in
service. On January 22, 2013, the Department of Public Works released an invitation for bids to
construct the wells. Bids were due February 20, 2013, but no bids were received. The department
released a second invitation for bids on March 4, 2013 and received two bids on March 20, 2013.
Diamond Well Drilling Co., Inc. of Auburn, CA, provided the lowest cost bid of $77,883.52. The
engineer's estimate was $78,000. Bid results are included in the staff report. The Department
recommends awarding the project to Diamond Well Drilling Co., Inc. as the lowest responsible bidder.
Funding for the construction of the groundwater monitoring wells is included in the current fiscal year
budget for the NRRWF.
14. Loomis Armored US, LLC -The Butte County Treasurer-Tax Collector's Treasury Division contracts with
Loomis Armored US, LLC to transport securely sealed shipments of currency and coin to US Bank on a
daily basis. Due to higher than anticipated fuel costs and terms of the original agreement related to
fuel costs, the three-year contract is being amended to increase allowable fuel fees for the second and
third years of the contract. The total not-to-exceed cost of the contract will increase from $24,938.80
to $26,391.22; an overall increase of$1,452.42.
15. Contract Amendment and Capital Asset Approval - Butte County is conducting the Lower Tuscan
Aquifer Monitoring, Recharge and Data Management Project that is funded by a contract with the
Department of Water Resources through Proposition 50 funds. The project is on schedule and will end
on June 30, 2013. To maximize the effectiveness of the project and assure its successful completion, a
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/9/2013
contract amendment is being proposed that will authorize certain budget adjustments and a change in
scope. The budget adjustments will support outreach and coordinating activities as part of the
Northern Sacramento Valley Integrated Regional Water Management (NSVIRWM) Planning process
and assure completion of the final report. The change in the scope will allow the department to
procure three educational display models in addition to fact sheets. The department intends to
purchase a multi-touch 55" computer touch table and related software suitable for an interactive
museum exhibit. Related software will be able to run map based applications for interactive exhibit of
water related information and data. The touch table allows users to explore region's land use,
hydrology and other water related data layers in an interactive format. The touch table and related
software will be a capital asset that will not exceed $65,000 and will require a $65,000 budget
adjustment.
16. Resolution Recognizing Cancer Prevention Week.
17. Resolution Recognizing April 2013 as Sexual Assault Awareness Month.
18. Resolution Recognizing American Red Cross Month.
19 Resolution Designating the Friends of the Arts as the Local Partner for the California Arts Council's
State-Local Partnership Program.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE AMENDMENT TO ITEM 3.06 AND 3.15 AS
READ INTO RECORD BY MR. HAHN. (MOTION: KIRK; SECOND:TEETER)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA
1307-003 Boards, Commissions and Committees
1. Appointments to Listed Vacancies (NONE)
2. Board Member or Committee Reports
SUPERVISOR KIRK REPORTED ON THE TREASURY OVERSIGHT COMMITTEE MEETING THAT TOOK
PLACE EARLIER THIS MORNING.
SUPERVISOR LAMBERT REPORTED ON A REGIONAL TOURISM MEETING THAT TOOK PLACE AT
THE BUTTE COUNTY FAIRGROUNDS.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/9/2013
SUPERVISOR KIRK REPORTED ON A MEETING THAT WILLTAKE PLACE THIS EVENING AT 5:00 AT
CHICO STATE RELATED TO GROUNDWATER.
CHAIR CONNELLY REPORTED ON AN EVENT HELD BY THE OROVILLE VFW FOR RETURING IRAQ
VETERANS.
1307-004 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORTTO THE BOARD.
1307-005 General Plan Follow-Up and Implementation by Director of Development Services.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, PROVIDED A REPORT TO THE BOARD.
1307-006 Potential Impacts of the Affordable Care Act to Butte County - President Obama signed the
Affordable Care Act (ACA) into law on March 23, 2010. While some of the provisions of the ACA
went into effect right away, it did not significantly impact Butte County. Effective January 1, 2014,
the ACA will have a noticeable impact to Butte County as the most significant provisions of the law
are enacted. The following County departments provided staff reports on how ACA will impact the
County as an employer and service provider: Human Resources, Employment and Social Services,
Behavioral Health, and Public Health. A summary from the California State Association of Counties
on the potential impact of ACA is also included in the staff reports. The departments will make a
presentation to the Board.
SANG KIM, DEPUTY ADMINISTRATIVE OFFICER PROVIDED A REPORT.
THE FOLLOWING DEPARTMENT HEADS PROVIDED REPORTS: BRIAN RING, DIRECTOR OF
HUMAN RESOURCES;ANNE ROBIN, DIRECTOR OF BEHAVIORAL HEALTH, CATHI GRAMS,
DIRECTOR OF EMPLOYMENT AND SOCIAL SERVICES; AND CATHY RAEVSKY, DIRECTOR OF PUBLIC
HEALTH.
THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN.
1307-007 Reinvestment Strategy Workshop - As approved by the Board of Supervisors in October 2012, the
Chief Administrative Officer will lead the first of a series of workshops regarding a reinvestment
strategy for Butte County. The purpose of this first workshop is to discuss needs the County may
want to consider in its priorities beyond next year,through input from all stakeholders including the
Board members, department heads, employee organizations, businesses and County residents. At
the conclusion of this first workshop, the County should have a list of general organizational needs
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/9/2013
and a working understanding of why they are being considered. A second workshop will be
scheduled in August, after stakeholders have had a chance to consider information from today's
workshop and the County budget is complete. The second workshop will provide the venue for
priority setting of broad policy goals.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN.
PUBLIC HEARINGS AND TIMED ITEMS- (NONE)
PUBLIC COMMENT (each speaker limited to five minutes) (NONE)
1307-008 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS:
1. ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(d)(1): 3 CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO SUPERIOR COURT
CASE NO. 016338;
3. COUNTY OF BUTTE, COUNTY OF PLUMAS v. DEPARTMENT OF WATER RESOURCES,YOLO CO.
SUP. CT CASE NO: CV09-1258.
2. 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
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 4/9/2013
3. CONFERENCE WITH LABOR NEGOTIATOR PURSUANTTO 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
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
APRIL 23, 2013.
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