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HomeMy WebLinkAboutM050812 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/8/2012 9:00 A.M.—CALL TO ORDER Call to Order- Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Members present: Supervisors Connelly, Wahl, Kirk, Lambert and Yamaguchi Pledge of Allegiance to the Flag of the United States of America. Observation of a Moment of Silence. 1209-001 Corrections and/or Changes to the Agenda. SUPERVISOR YAMAGUCHI REQUESTED ITEM 3.22 (DISBURSEMENT OF THE LIME SADDLE TRUST FUND )BE REMOVED FROM CONSENT FOR DISCUSSION ON THE REGULAR AGENDA. SUPERVISOR CONNELLY REQUESTED ITEM 3.02 (WILDLIFE SERVICES WORK PLAN) BE REMOVED FROM CONSENT FOR DISCUSSION ON THE REGULAR AGENDA 1209-002 CONSENT AGENDA 1. Post Office Inspections Cooperative Agreement - Cooperative agreement between the counties of Amador, Butte, Colusa, EI Dorado, Glenn, Nevada, Placer, Plumas Sacramento, Solano, Sutter, Yolo and Yuba to perform quarantine inspections at the United States Post Office Sectional Center in West Sacramento - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Agriculture) 2. Megabyte Systems, Inc. - Megabyte Systems provides the software package for the Property Tax System used by three County departments. This agenda item pertains to annual renewal of the Property Tax System Maintenance/Support agreement between the County and Megabyte Systems, Inc. for the term beginning July 1, 2012 and terminating June 30, 2013. The agreement contains a 3.5% increase in accordance with Pacific Cities and U. S. City Average Consumer Price Index.The Tax Collector has added a web print bill module to the web services agreement. The annual cost of this module is $776.25, which represents a 25% increase to the Web Services agreement and is exclusive of the aforementioned 3.5% increase.The maintenance agreement and database support total is$199,893.48. The Assessor's portion is $75,959.52 (38%); the Auditor's is $63,965.91 (32%); and the Tax Collector's Is $59,968.04 (30%). The Tax Collector is responsible for 100% of the web services agreement of $4,040.88 and the Assessor's Office is responsible for 100% of the Business Property Filing Maintenance Support agreement of $1,987.80. The contract also includes rates for any extra services requested outside of the scope of the contract - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Assessor) 3. Resolution Proclaiming May 2012 as Mental Health Awareness Month - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/8/2012 4. Relief of Accountability - Client Balances - The Department of Behavioral Health is requesting relief of accountability for uncollectible client fees in the amount of$803,423.42 from FY 2003-04 to 2008-09. In August 2011, the Board approved relief of accountability for uncollectable client fees from previous years.The average write-off per client is $1,060.29 for mental health services and $21.49 for alcohol and drug services. The department worked with the Treasurer-Tax Collector and the Auditor-Controller staff to assess department policies for collection and the actual recovery of these balances. It has been determined that any more collection efforts on these balances would not be cost effective. There has been a historical viewpoint that mental health services provided by a government agency are free. This has impeded the collection efforts by the department. Currently, the department is working with the Auditor-Controller staff to establish a change fund which will allow department staff to discuss and collect fees at the time of service delivery - action requested - APPROVE RELIEF OF ACCOUNTABILITY IN THE AMOUNT OF$803,423.42. (Behavioral Health) 5. Tri County Treatment -Tri County Treatment is a drug rehabilitation facility where persons suffering from chemical dependency can re-establish their lives in a structured, private live-in facility. Tri County Treatment specializes in residential short-term (30 days or less) and residential long-term (more than 30 days) substance abuse treatment programs. The Butte County Department of Behavioral Health requests approval to amend its agreement with Tri County Treatment. This amendment will add Assembly Bill 109, Criminal Justice Alignment funds and services not included in the original contract. The term of this agreement will remain July 1, 2011 through June 30, 2012. The maximum financial obligation under this agreement shall not exceed $52,845.52. This is an increase of $20,327.23 for FY 2011-12 (department budget utilizing various federal and state funds) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 6. First 5 Butte County Children & Families Commission - Perinatal Mood and Anxiety Disorder (PMAD) Services -The First 5 Butte County Children & Families Commission (Commission) desires to enter into an agreement with Butte County Department of Behavioral Health (BCDBH) for services related to PMAD counseling. The Commission will reimburse BCDBH for non-reimbursable Medi-Cal services for PMAD counseling, which will be conducted by Northern Valley Catholic Social Service (NVCSS), under the Baby Steps program. NVCSS was chosen to receive funding for the Baby Steps program by the Commission through a Request for Qualification process.The term of the agreement is from January 20, 2012 to June 30, 2013. The Commission shall reimburse BCDBH up to $50,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE RELATED BUDGET ADJUSTMENT (4/5 vote required). (Behavioral Health) 7. Northern Valley Catholic Social Service (NVCSS) - Baby Steps - NVCSS provides mental health, housing, vocational and support services to individuals and families in California's Northern Sacramento Valley. BCDBH requests approval to enter into an agreement with NVCSS for Perinatal Mood and Anxiety Disorder (PMAD) counseling. Based on a Request for Qualifications process, NVCSS was chosen by Butte County First 5 Children and Families Commission (Commission) to receive funding for the Butte Baby Steps program. The program has been successfully run by NVCSS for over the past 3 years, and they are willing to contract with BCDBH in order for eligible women to receive PMAD counseling services. BCDBH PAGE 2 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/8/2012 is also entering into an agreement with the Commission to offset costs for non Medi-Cal services, relating to this program. The term of the agreement is January 1, 2012 and will terminate on June 30, 2012. The maximum financial obligation under this agreement shall not exceed $27,081.34 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 8. Butte County Public Health Department - BCDBH has entered into a Memorandum of Understanding (MOU) with Butte County Department of Public Health (PH) to provide Early Intervention Services for Butte County residents at risk of Human Immunodeficiency Virus (HIV) and Hepatitis C Virus who are undergoing substance abuse treatment. The purpose of the services is to reduce the adverse health effects of such abuse, promote the health of the individual, and reduce the risk of transmission of disease. At a minimum, interim services include counseling, education about HIV and Hepatitis C, and testing. BCDBH requests approval to amend their MOU with PH to add additional funds for the provision of additional services.The term of the MOU will remain July 1, 2008 through June 30, 2012. The financial obligation under this MOU shall not exceed $108,740 broken down as follows: FY 2008-09 - $25,000; FY 2009-10 - $35,280; FY 2010-11 - $19,500; and FY 2011-12 $28,960 for a total MOU increase of$12,960 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE RELATED BUDGET ADJUSTMENT(4/5 vote required). (Behavioral Health) 9. Cash Advance for Community Development Block Grant Disaster Recovery Initiative (CDBG DRI) Housing Rehabilitation Activities -On April 28, 2011, the County of Butte entered into a grant agreement with the State Department of Housing and Community Development for the Disaster Recover Initiative. The total grant award is $7,393,980 and the activities include: housing rehabilitation construction, reimbursement for preparation of the Safety Element of the General Plan, funding for the Local Hazard Mitigation Plan, improvements to Concow Road, and grant administration. On August 9, 2011 the Board of Supervisors approved a budget adjustment to appropriate funds for FY 2011-12 grant activities, as well as a $500,000 cash advance to fund rehabilitation activities until reimbursement is received from the State. Housing rehabilitation activities are under way for residents affected by the 2008 wildfires. In order to prevent delays to housing rehabilitation and reconstruction projects due to reimbursement from the State, the Department requests that the Board of Supervisors authorize a $500,000 increase to the existing $500,000 cash advance bringing the total cash advance from the General Fund to the CDBG Fund to $1,000,000.The increased cash advance will allow rehabilitation and reconstruction activities to continue until reimbursement is received from the State. The cash advance for FY 2011-12 will be paid back by June 30, 2012. The Department also requests a $1,000,000 cash advance for FY 2012-13. The cash advance for FY 2012-13 will be paid back by June 30, 2013 - action requested - 1) APPROVE A CASH ADVANCE FROM THE GENERAL FUND TO THE CDBG FUND OF UP TO $1,000,000 THROUGH JUNE 30TH, 2012; AND 2) APPROVE A CASH ADVANCE FROM THE GENERAL FUND TO THE CDBG FUND OF UP TO $1,000,000 FROM JULY 1, 2012 THROUGH JUNE 30TH, 2013. (Chief Administrative Office) 10. Valley Toxicology Services, Inc. - The District Attorney's Office has an ongoing contract with Valley Toxicology Services, Inc. for forensic alcohol and drug toxicology testing, reporting and court testimony. The end date of this contract is March 31, 2012. The District Attorney's Office has revised the completion date of the contract from March 31, 2012 to June 30, 2013 and increased the not-to-exceed price by $86,718 as well as adding elements for contract compliance. The total not-to-exceed price of PAGE 3 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/8/2012 $452,558 is over the 6-year term of the contract - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (District Attorney) 11. Budget Adjustment - request for approval of a budget adjustment to appropriate additional allocations received from the County Medical Services Program and CalFresh Program in FY 2011-12. The total increase in allocation for those two programs is $490,661 - action requested - APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Employment and Social Services) 12. CalWORKs Stage One Child Care - At its meeting of September 27, 2011, the Board of Supervisors approved an agreement between Valley Oak Children's Services and the Department of Employment and Social Services for the provision of CalWORKs Stage One Child Care Management Services.The contract is being amended to increase the maximum amount payable by $100,000 due to the steadily increasing number of CalWORKs families needing Stage Child Care services in the current fiscal year. The additional funds will allow for an increase in the number of clients receiving services through this program. The term of the agreement remains October 1, 2011 through June 30, 2012. The amendment increases the maximum amount payable by $100,000 for a total of $970,750 (department budget utilizing CalWORKs funds) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Employment and Social Services) 13. Resolution Honoring Butte County Employees for Dedicated Years of Service - Employees who have reached specified periods of continuous service to Butte County are recognized by a resolution honoring employees for dedicated years of service. The service increments are 5, 10, 15, 20, 25, 30 and 35 years. The groups with the longest tenure with the County will be presented their awards by the Board of Supervisors during the Resolution ceremony. The following employees will be recognized: Mary Van Gilder has 40 years of service; Dorothy Smith, Brian Anderson, and Brenda Crotts have 35 years of service, and Larry Vance has 30 years of service - action requested - ADOPT RESOLUTIONS AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 14. Annual Public Health Solid Waste Assistance Grant Application Resolution -The California Department of Resources Recycling and Recovery (CalRecycle) is making available funds to support local solid waste landfill permit and inspection programs. The funds will be used in addition to solid waste permit fees and landfill tonnage fees to fund monthly landfill inspections and other solid waste program activities, including the investigation of illegal landfills. Grant funding also supports participation in local enforcement agency and CalRecycle coordination activities to assure program uniformity and compliance with applicable state regulatory requirements. This annual Local Enforcement Agency Grant package provides approximately $18,000 in state funding to support solid waste activities. As part of the grant application, the County is required to adopt a resolution providing authority for the Director of Environmental Health or his or her designee to apply and sign the grant application and other related documents for this annual grant cycle - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Health) 15. Appointments of Wastewater Advisory Committee Members - On March 16, 2010, the Board of Supervisors established and appointed members to the Wastewater Advisory Committee, effective June PAGE 4 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/8/2012 1, 2010. Members of the committee were appointed initially to terms of 2 years and 4 years, so that committee membership terms would not expire at any one time. At this time, there is one vacancy on the committee resulting from the resignation of Ken Shuey, who represented environmental consultants. In addition,two committee memberships will expire on May 31, 2012: Bill Dinsmore, who represents the building industry and Rick McCauley, who represents on-site wastewater vendors/proprietors.The Public Health Department requests the following appointment and reappointments effective June 1, 2012: Wes Gilbert, representing environmental consultants,to a four-year term ending May 31, 2016; Bill Dinsmore, representing the building industry, to a four-year term ending May, 31 2016; and Rick McCauley, representing on-site wastewater vendors/proprietors, to a four-year term ending May 31, 2016 - action requested - MAKE APPOINTMENTS. (Public Health) 16. Mooretown Rancheria - In 2008 the County and the Mooretown Rancheria (Tribe), owners of the Feather Falls Casino, and the Bureau of Indian Affairs (BIA) entered into a Memorandum of Understanding to include certain County roads into the Indian Reservation Roads (IRR) inventory system. This was done so that the roads could be eligible for funding through the BIA Federal Lands Highways Program. In anticipation of applying for these funds,the Public Works Department prepared information for a phased program to make improvements to Lower Wyandotte Road. The information included project descriptions, quantity takeoffs and cost estimates for each phase.To date,the Tribe has not been able to secure funding from this program. Recently, the Public Works Department was notified by the Tribe that they have approximately $509,000 available from their allocation of the American Recovery and Reinvestment Act (ARRA) funds and was informed that it be used for the Phase one project on Lower Wyandotte Road just in front of the Casino. Public Works has developed a draft Memorandum of Agreement (MOA) to effectuate this project and allow the Tribe to fund their share of the costs for the improvements to Lower Wyandotte Road - action requested - AUTHORIZE PUBLIC WORKS DIRECTOR TO ENTER INTO THE MEMORANDUM OF AGREEMENT SUBJECT TO COUNTY COUNSEL AND AUDITOR APPROVAL. (Public Works) 17. Authorization to Award Project to the Lowest Responsive Bidder for the Construction of the Ord Ferry Road Bridge Across the Sacramento River Seismic Retrofit Project, County Project No. 42071-97-1, Federal Bridge Project STPL - Award the construction project to seismically retrofit the Ord Ferry Road Bridge located on Ord Ferry Road across the Sacramento River. The project is located approximately 10 miles southwest of the City of Chico. The construction portion of this project is reimbursable through the Federal Highway Bridge Program (HBP) which provides an 88.53% funding match and Proposition 113 passed in 2006 is supplementing the remaining 11.47% of the project. Four bids were received and opened on April 25, 2012 for the project.The lowest responsible and responsive bidder was Golden State Bridge Inc. of Martinez, CA, in the amount of $9,094,939. This bid from Golden State Bridge Inc. was 4.74% above the engineer's estimate of$8,683,684 - action requested - AWARD CONTRACT TO LOWEST RESPONSIBLE AND RESPONSIVE BIDDER, GOLDEN STATE BRIDGE INC. of MARTINEZ, CA, IN THE AMOUNT OF $9,094,939 AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Works) 18. Resolution Recognizing Law Enforcement Memorial Week - May 13-19, 2012 is National Law Enforcement Memorial Week, a time to honor and remember those law enforcement officers who have died in the line of duty protecting their communities. Tuesday, May 15th is recognized as Peace Officers' Memorial Day - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff- PAGE 5 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/8/2012 Coroner) 19. Sheriff Grant Application -The Butte County Sheriff's Office is applying for funding under the FY 2012 - Second Chance Act Adult Offender Reentry Program for Planning and Demonstration Projects grant. If awarded funding under this grant, the Sheriff intends to partner with the Butte County Probation Department to provide services at the Sheriff's Day Reporting Center (DRC) to approximately 200 offenders in the Probation Department's Post-Release Community Supervision program. This will be in addition to the approximately 100 offenders in the Sheriff's Alternative Custody Supervision program that are already being served. Additionally, the Sheriff intends to expand opportunities for all the offenders receiving services at the DRC. The expanded opportunities include, a Literacy Program offered in partnership with the Butte County Library and a workforce training program offered in partnership with the Butte County Department of Employment and Social Services. Finally, the Sheriff intends to establish a third offender work crew that will assist with Public Works' projects and fire fuel reduction programs - action requested - RATIFY THE SHERIFF'S OFFICE APPLICATION FOR DEPARTMENT OF JUSTICE GRANT FUNDING AND AUTHORIZE UNDERSHERIFF KORY HONEA AND SUPERVISING ANALYST BECKY CALLAS AS AUTHORIZED SIGNATURES ON THE GRANT APPLICATION AND GRANT REPORTS. (Sheriff- Coroner) 20. Introduction of an Annual Ordinance Delegating Investment Authority to the Treasurer-Tax Collector - Pursuant to Government Code Section 53607, approval is requested for an ordinance which will delegate investment authority to the Treasurer-Tax Collector for FY 2012-13. This ordinance will replace Ordinance No. 4028 which expires June 30, 2012 - action requested -WAIVE THE FIRST READING OF THE ORDINANCE. (Treasurer/Tax Collector) 23. Water Advisory Committee - The Basin Management Objective Ordinance (Chapter 33A of the Butte County Code) has provisions regarding the membership of the Water Advisory Committee (WAC) and how its members are appointed. The ordinance calls for a representative from the City of Biggs as an at- large member of the WAC. The ordinance states that the Board of Supervisors may, at the request of an entity having an elected governing body and at the discretion of the Board, appoint a new member to the WAC to replace a member whose WAC term has not yet expired, when the member is no longer an elected member of that governing body or the governing body has nominated a new WAC member. Such entities shall include, but are not limited to cities, special water districts and watershed groups. The representative on the WAC for the City of Biggs has been vacant. On April 17, 2012, Roger L. Frith, Mayor, City of Biggs requested that Michael Bottorff, a member of Biggs City Council, be appointed to the WAC.The appointment of Mr. Bottorff will be for the remaining term that expires on January 1, 2015 -action requested - MAKE APPOINTMENT. (Water and Resource Conservation) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEMS 3.22 (DISBURSEMENT OF THE LIME SADDLE TRUST FUND) AND 3.02 (WILDLIFE SERVICES WORK PLAN) WHICH WERE PULLED FOR DISCUSSION ON THE REGULAR AGENDA. (MOTION: KIRK ; SECOND: CONNELLY) VOTE: Motion carried 5 -0 PAGE 6 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/8/2012 PUBLIC HEARINGS AND TIMED ITEMS 1209-003 9:30 a.m. - Timed Item - Butte County Volunteer Firefighter Standard Operating Procedures - In 2001, the Butte County Fire Department began updating policies and procedures related to volunteer fire fighting. On July 9, 2002, the Butte County Board of Supervisors adopted the Butte County Fire Department Volunteer Firefighter Standard Operating Guidelines. The Board resolution provides for periodic updates as needed. Since the 2002 adoption, State and Federal requirements for training have increased, and the Department has identified other processes and procedures that need updating. To accomplish the required and desired updates, a committee of volunteer and career firefighters was established in 2010 to update training requirements and documentation, conduct and discipline procedures, new volunteer background check procedures, volunteer recruitment and hiring, and day-to-day Volunteer Company operating requirements. The Standard Operating Guidelines, now called the Butte County Fire Department Volunteer Firefighter Standard Operating Procedures is a working document and is maintained and updated by the Butte County Fire Chief as necessary. They have been reviewed by the Butte County Human Resources Department, County Counsel and Risk Management - action requested - APPROVE AND ADOPT THE REVISED BUTTE COUNTY VOLUNTEER FIREFIGHTER STANDARD OPERATING PROCEDURES. (Fire) FIRE CHIEF GEORGE MORRIS PROVIDED A REPORT TO THE BOARD. MOTION: I MOVE TO APPROVE AND ADOPT THE REVISED BUTTE COUNTY VOLUNTEER FIREFIGHTER STANDARD OPERATING PROCEDURES AND AUTHORIZE THE FIRE CHIEF TO MAKE MINOR CHANGES TO THE DOCUMENT AS NEEDED. (MOTION: KIRK; SECOND: WAHL) VOTE: Motion APPROVED 5 -0 REGULAR AGENDA 1209-004 Boards, Commissions and Committees 1. Appointments to Listed Vacancies MOTION: I MOVE TO APPOINT TOM VENUS TO THE BUTTE COUNTY WATER ADVISORY COMMITTEE AS THE CHICO URBAN AREA SUB-INVENTORY UNIT. (MOTION: KIRK; SECOND:YAMAGUCHI ) VOTE: Motion APPROVED 5 -0 2. Board Member or Committee Reports SUPERVISOR KIRK REPORTED ON THE VICTIMS WITNESS CEREMONY SHE AND SUPERVISOR CONNELLY ATTENDED. SHE ALSO REPORTED THAT THE CITY OF CHICO DONATED A TREE TO PAGE 7 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/8/2012 COUNTY PROPERTY. THE TREE WAS A SEEDLING FROM THE MAGNOLIA AT BIDWELL MANSION. SUPERVISOR YAMAGUCHI REPORTED THAT THE REQUEST FOR PROPOSALS FOR BUTTE COUNTY EMS WAS ISSUED. SUPERVISOR CONNELLY REPORTED ON NORTHERN SACRAMENTO VALLEY INTEGRATED REGIONAL WATER MANAGEMENT BOARD OF DIRECTORS MEETING. 1209-005 10:00 a.m. - Timed Item - Quarterly Status Report on the Implementation of the Butte County Regional Economic Development Strategy - Butte County General Plan 2030, adopted by the Board of Supervisors on October 26, 2010, included an Economic Development Element. The Element details the goals, objectives, and action items associated with economic development planning over the next twenty years. Action Item ED.A1.1 calls for the creation of a "bold, powerful,forward-looking countywide Economic Development Strategy that identifies key sectors and sites for business expansions and programs to achieve that expansion." To support this action item, on January 25, 2011 the Board of Supervisors approved the Butte County Regional Economic Development Strategy. The strategy provides a three-year program of work based around key initiatives including: 1) Grow existing businesses; 2) Ensure Butte County is a competitive location for new investment; 3) Create a sustainable reputation for the county; and 4) Improve the coordination of regional economic development resources and efforts. Per the Board's request, staff is providing a quarterly status report of the implementation of the Butte County Regional Economic Development Strategy - action requested - ACCEPT FOR INFORMATION. (Administration) JENNIFER MACARTHY, ECONOMIC AND COMMUNITY DEVELOPMENT MANAGER PROVIDED A REPORT. JACKSON CORLEY,THE OWNER OF THE BUSINESS NAMED INCREDIWEAR, ADDRESSED THE BOARD. THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN. 1209-006 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT. 1209-007 General Plan Follow-Up and Implementation by Director of Development Services. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, REPORTED THAT THE DIRECTOR OF DEVELOPMENT SERVICES WAS AT A CONFERENCE IN SACRAMENTO AND THERE WOULD NOT BE A VERBAL REPORT AT THIS MEETING. 1209-008 Successor Memorandum of Understanding (MOU) - Deputy Sheriff's Association - General Unit (DSA - General) - Over the past several months, the County and the bargaining team for DSA - PAGE 8 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/8/2012 General have met and conferred over a new MOU. DSA - General has ratified the terms of the County's offer for a new MOU that will supersede and replace the MOU that expired in 2008, and the imposed Terms and Conditions of Employment that expired on March 28, 2012. Concurrent with the adoption of the MOU above, Section 57f-Law Enforcement General Unit of the Salary Ordinance needs to be updated to reflect the wage increases that were negotiated with the DSA - General and included in their MOU. These wage increases (3% effective first full pay period following adoption of the MOU and 1% effective the pay period including January 1, 2013) were negotiated to help offset the cost of the employees paying the entire employee portion of their PERS retirement over the term of the MOU. As part of this change, the Salary Schedules reflecting each wage increase also needs to be added to the Salary Ordinance. These new Salary Schedules will be titled 'Reference O-Effective Pay Period after Adoption of MOU-3% Wage Increase' and 'Reference O-Effective Pay Period Including 01/01/2013-1%Wage Increase' and are included with the resolution as Attachments A and B - action requested - APPROVE THE NEW MOU FOR THE DEPUTY SHERIFF'S ASSOCIATION-GENERAL UNIT AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) BRIAN RING, DIRECTOR OF HUMAN RESOURCES PROVIDED A REPORT. MOTION: I MOVE TO APPROVE THE NEW MOU FOR THE DEPUTY SHERIFF'S ASSOCIATION-GENERAL UNIT AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: CONNELLY; SECOND:WAHL) VOTE: Motion APPROVED 5 -0 1209-009 Revision to Resolution for Employer Paid Member Contributions (EPMC) for Compliance with 2010-13 Butte County DSA - General Unit MOU - In order to complete implementation of the previous agenda item (item 4.05) regarding the Butte County DSA - General MOU, the Board of Supervisors is requested to approve the PERS resolution to adhere to CalPERS regulations. The resolution reflects the following change: EPMC modifications agreed to by the Butte County DSA - General Unit, reducing the employer contribution from 6% to 4% for employees in the unit - action requested - ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) MOTION: I MOVE TO ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: YAMAGUCHI; SECOND: KIRK) VOTE: Motion APPROVED 5 -0 PAGE 9 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/8/2012 Items Removed from the Consent Agenda for Board Consideration and Action. 1209-010 Wildlife Services Work Plan - Cooperative agreement with the California Department of Food and Agriculture, the United States Department of Agriculture, Animal and Plant Health Inspection Service, and Wildlife Services. This program provides non-domestic animal control services for wild animals, such as trapping of skunks and raccoons. The wildlife specialist addresses the problem of loss of livestock, wildlife rabies, and prevention of property damage. Butte County will participate as a cooperator and will share approximately 63% of the total cost of the program. The County's portion of this cost will be $56,646 (department budget). Wildlife Services will provide all program supervision, administration, and equipment needed to carry out this program. The 2012-13 Wildlife Services Contract is a continuation of a long-standing contract with the United States Department of Agriculture - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Agriculture) SUPERVISOR CONNELLY ASKED QUESTIONS FROM AGRICULTURAL DEPARTMENT STAFF. MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (MOTION: CONNELLY; SECOND: KIRK) VOTE: Motion APPROVED 5 -0 1209-011 Disbursement of the Lime Saddle Trust Fund - On September 28, 1999, the Board of Supervisors voted unanimously to approve Resolution 99-141 dissolving the Lime Saddle Community Services District (District) subject to confirmation of the voters within the District. Per Resolution 98-161, a trust account was set up through the County for the protection of the assets of the District. The recommendation includes payments to the California Public Utilities Commission in the amount of $1,073,907.66 from the Lime Saddle Trust Fund to benefit the ratepayers of the District and to transfer the remainder of the balance ($119,232.07)to the General Fund for the reimbursement of County's legal, administrative, and staff time. The recommendations for disbursement of the assets by staff are consistent with past actions by the Board, including Resolution 08-143, which outlines the recommendations for disbursement brought forward by the Water Commission and previously approved by the Board - action requested - 1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; 2) APPROVE BUDGET ADJUSTMENT (4/5 vote required); 3) DIRECT THE AUDITOR-CONTROLLER TO CLOSE OUT THE LIME SADDLE TRUST FUND AND MOVE ALL CASH BALANCES TO GENERAL FUND OPERATING CASH TO MAKE PAYMENTS TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION AND TO REIMBURSE THE COUNTY FOR LEGAL, ADMINISTRATIVE, AND OTHER STAFF TIME. (Water and Resource Conservation) PAGE 10 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/8/2012 SUPERVISOR YAMAGUCHI REQUESTED THAT A LETTER BE SENT TO INDIVIDUALS WHO LIVED IN THE NOW DEFUNCT LIME SADDLE COMMUNITY SERVICES DISTRICT TO CONFIRM THOSE INDIVIDUALS ARE AWARE OF THE PROPOSED BOARD ACTION. MOTION: I MOVE TO POSTPONE THIS ITEM IN ORDER TO BETTER NOTIFY THE PUBLIC OF THIS PROPOSED ACTION. (MOTION:YAMAGUCHI; SECOND: WAHL ) VOTE: Motion APPROVED 5 -0 1209-012 Fiscal Year 2011-12 Third Quarter Financial Report-The FY 2011-12 Third Quarter Financial Report provides economic, expenditure, revenue, cash balance, long-term debt and summary information from the first nine months of the fiscal year. The report includes tables and graphs of historical data to help provide context and demonstrate trends in the economy, expenses, revenues and balances -action requested -ACCEPT FOR INFORMATION. (Administration) GREGORY G. ITURRIA, CHIEF FINANCIAL OFFICER PROVIDED A REPORT. THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN. 1209-013 Resolution Proclaiming Building Safety Month and Approval of Waiver of Investigation Fees (Penalties)from May 8 to June 20, 2012 - As stated by the International Code Council Foundation, Building Safety Month is a public awareness campaign offered each year during May to help individuals, families and businesses understand what it takes to create and sustain safe and sustainable structures. The campaign focuses on the need for adoption of modern and model building codes, enforcement of those codes, and a well-trained, professional workforce to maintain the system.The Department of Development Services has planned and/or will participate along with other local building and fire officials in several events in recognition of Building Safety Month. In combination with Building Safety Month during May, staff recommends that the investigation fees (penalty) in Butte County Code Chapter 3-41(c) be waived from May 8 to June 30, 2012 to encourage those who built structures without permits in Butte County to obtain the necessary permits and to bring those structures under code - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN AND; APPROVE THE WAIVER OF INVESTIGATION FEE (PENALTIES) IN BUTTE COUNTY CODE CHAPTER 3-41(c) FROM MAY 8 TO JUNE 30, 2012. (Development Services) PETE CALARCO, ASSISTANT DIRECTOR OF DDS PROVIDED A REPORT. MOTION: I MOVE TO ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE THE WAIVER OF INVESTIGATION FEE (PENALTIES) IN BUTTE COUNTY CODE CHAPTER 3-41(C) FROM MAY 8 TO JUNE 30, 2012. (MOTION: WAHL; SECOND: KIRK) VOTE: Motion APPROVED 5 -0 PAGE 11 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 5/8/2012 1209-014 PUBLIC COMMENT (each speaker limited to five minutes) CHERYL SUSEE ADDRESSED THE BOARD. 1209-015 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS: 1. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: JACK HUGHES& BRIAN RING EMPLOYEE ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA, DSA- MANAGEMENT/SUPERVISORY UNIT, DSA-GENERAL UNIT, BCCOA-SUPERVISORY UNIT, BCCOA-GENERAL UNIT. 2. ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a): 3 CASES 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. SOLANO COUNTY WATER AGENCY v. CALIFORNIA DWR, SACRAMENTO SUPERIOR COURT CASE NO. 016338; 3. COUNTY OF BUTTE, COUNTY OF PLUMAS V. DEPARTMENT OF WATER RESOURCES,YOLO CO. SUP. CASE NO: CV09-1258. 3. 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 DIRECTORI4.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 ON MAY 22, 2012. PAGE 12