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HomeMy WebLinkAboutM052317 MINUTES MAY 23,y 2017 1. CALL TO ORDER MEETING CALLED TO ORDER AT BOARD OF SUPERVISORS CHAMBERS, 25 COUNTY CENTER DRIVE,SUITE 205,OROVILLE,CA PRESENT: SUPERVISOR BILL CONNELLY,CHAIR, DISTRICT 1 SUPERVISOR LARRY WAHL, DISTRICT 2 SUPERVISOR STEVE LAMBERT, DISTRICT 4 SUPERVISOR DOUG TEETER, DISTRICT 5 PAUL HAHN,CHIEF ADMINISTRATIVE OFFICER/CLERK OF THE BOARD BRUCE ALPERT,COUNTY COUNSEL CLARISSA MENCHACA,ASSOCIATE CLERK OF THE BOARD 2. CORRECTIONS AND/OR CHANGES TO THE AGENDA ITEM 3.19 (BUDGET ADJUSTMENT FOR COUNTY SERVICE AREA 34—GRIDLEY POOL)—IN THE SUMMARY OF THE AGENDA,THE SECOND SENTENCE READS"THE COUNTY HAS ENGAGED AN ENGINEERING FIRM TO EVALUATE THE POOL AND DETERMINE HOW BEST TO RETAIN THE ENJOYMENT OF A POOL FOR THE COMMUNITY FOR TWO OR MORE SWIM SEASONS WHILE OTHER OPTIONS CAN BE EVALUATED"; "TWO OR MORE"SHOULD READ"FUTURE SWIM SEASONS." SUPERVISOR CONNELLY RECUSED HIMSELF FROM ITEM 3.31 AND ITEM 3.32 AS THE LOCATION OF THE PROJECTS MAY CREATE A CONFLICT OF INTEREST. 3. CONSENT AGENDA MOTION: APPROVE THE CONSENT AGENDA. (MOTION:TEETER;SECOND:LAMBERT) VOTE: MOTION PASSED UNANIMOUSLY 3.01 Contract and Addendum with Megabyte Systems, Inc. for Tax Cycle Software Board action: Contract and Addendum approved. 3.02 Agreement with Dreamcatchers Empowerment Network Board action: Agreement approved. 3.03 Agreement with African American Family&Cultural Center Board action: Agreement approved. BOBBY JONES, DIRECTOR OF THE AFRICAN AMERICAN FAMILY&CULTURE CENTER,ADDRESSED THE BOARD. Page 1 BOARD OF SUPERVISORS MINUTES-MAY 23,2017 3.04 Agreement Amendment with Relias Learning, LLC Board action: Agreement amendment approved. 3.05 Agreement with MLN Consulting Services, Inc. Board action: Agreement approved. 3.06 Agreement with J. Gregory Long, D.O. Board action: Agreement approved. 3.07 Agreement with Jesus Center Board action: Agreement approved. 3.08 Agreement with California Locums, P.C. Board action: Agreement approved. 3.09 Cash Advance for Butte County Behavioral Health Board action:Cash advance from Public Health Department funds to Behavioral Health Department funds authorized. 3.10 Agreement with Counseling Solutions Board action: Agreement approved. 3.11 Agreement with A.A. Mental Health Resources Inc. Board action: Agreement approved. 3.12 Agreement with Butte County Superior Court Regarding CalPERS Pension Payments Board action: Agreement approved. 3.13 Resolution Authorizing Execution of Agreement with California Victim Compensation Board Board action: Resolution No. 17-078 adopted. 3.14 Agreement with Northern California Youth and Family Programs for the Independent Living Program for the Department of Employment and Social Services Board action: Agreement approved. 3.15 Agreement Amendment with Lilliput Families for the Provision of Family Finding and Kinship Support Board action: Agreement amendment approved. 3.16 Agreement with the Child Abuse Prevention Council of Butte County Board action: Agreement approved. 3.17 Agreement Amendment with Community Action Agency of Butte County, Inc. for Transitional Housing Services Board action: Agreement amendment approved. 3.18 Agreement with California SAWS Consortium IV for Replacement Workstations and Software Board action: Agreement approved. Page 2 BOARD OF SUPERVISORS MINUTES-MAY 23,2017 3.19 Budget Adjustment for County Service Area 34-Gridley Pool Board action: Budget adjustment approved; and, General Services Director appointed as the officer of the project. 3.20 Budget Adjustment for Tenant Infill at 560 Cohasset in Chico for Behavioral Health Board action: Budget adjustment approved. 3.21 Resolution to Amend the Salary Ordinance Board action: Resolution No. 17-079 adopted. 3.22 Resolution to Amend the Salary Ordinance Board action: Resolution No. 17-080 adopted. 3.23 Contract with Northern Valley Catholic Social Services for At-Risk Youth Educational Classes Board action: Contract approved. 3.24 Contract with Sentinel Offender Services, LLC for Electronic Monitoring Services Board action: Contract approved. 3.25 Agreement with Communicable Disease Solutions, Inc. for FY 2017-18 Board action: Agreement approved. 3.26 Grant Agreement with California Department of Public Health for Opioid Coalition Board action: Agreement approved. 3.27 Approval of Subdivision Map for Walnut Grove Estates Board action: Final map for Walnut Grove Estates Subdivision approved. 3.28 Approval of Subdivision Map and Agreement and Consideration of Public Infrastructure for Sierra Moon Subdivision, Phase 3 Board action: Final map for Sierra Moon Subdivision, Phase 3 approved; Accepted on behalf of the County of Butte Caribbean Way, San Pedro Court, and Cozamel Court; and, Accepted the public service easements, storm drain easements, and postal easements as offered for dedication in the owner's statement. 3.29 Authorization to Award the Supply and Distribution of Asphaltic Emulsion for the 2017 Chip Seal Contract Board action: Contract awarded to the lowest responsible and responsive bidder, Western Emulsion, Inc. 3.30 Reject Bids Received for Construction of Septage Transfer Facility and Authorize Re-Bid of Project Board action: Rejected bids received on May 4, 2017 for the project; and, Authorized the Director of Public Works to re-advertise and solicit bids for the construction of the project. 3.31 Resolution Authorizing Execution of Program Supplement Agreement with Caltrans Board action: Resolution No. 17-081 adopted. 3.32 Resolution Authorizing Execution of Program Supplement Agreement with Caltrans Board action: Resolution No. 17-082 adopted. Page 3 BOARD OF SUPERVISORS MINUTES—MAY 23,2017 3.33 Contract Amendment with California Professional Manufacturing for Disaster Pouches Board action: Contract amendment approved. 3.34 Contract with Elite Universal Security for Security Services Board action: Contract approved. 3.35 Ordinance Amending Chapter 44 of the Butte County Code Entitled "Juvenile Hall Charges" Board action: Ordinance No. 4127 adopted. 3.36 Addendum One to Upper Feather River Integrated Regional Water MOU Board action:Addendum One to Upper Feather River Integrated Regional Water Management MOU approved. 3.37 Groundwater Pumpers Advisory Committee Bylaws Board action: Groundwater Pumpers Advisory Committee bylaws adopted. 3.38 Resolution to Establish the Butte County Groundwater Sustainability Agency in the West Butte Subbasin Board action: Resolution No. 17-083 adopted. 3.39 Resolution to Establish the Butte County Groundwater Sustainability Agency in the Vina Subbasin Board action: Resolution No. 17-084 adopted. 3.40 Resolution for the East Butte Subbasin Groundwater Sustainability Agency Board action: Resolution No. 17-085 adopted; and, MOU approved. 3.41 Disadvantaged Communities Letter of Support for the Mountain Counties Overlay Area Application Board action: Letter approved. 4. REGULAR AGENDA 4.01 Boards, Commissions, and Committees A. Appointments to Listed Vacancies (List available at_http://www.buttecounty.net/clerkofthe boa rd/AppointmentsList.aspx) MOTION: APPOINT DORRIS BRISTINE TO THE COMMUNITY ACTION AGENCY. (MOTION:CONNELLY;SECOND:LAMBERT) VOTE: MOTION PASSED UNANIMOUSLY CLERK'S NOTE:AFTER THE MOTION PASSED, IT WAS BROUGHT TO THE BOARD'S ATTENTION THAT THE SEAT WILL NOT BECOME VACANT UNTIL AUGUST 2017. MOTION: WITHDRAW APPOINTMENT TO THE COMMUNITY ACTION AGENCY. (MOTION:CONNELLY;SECOND:TEETER) VOTE: MOTION PASSED UNANIMOUSLY Page 4 BOARD OF SUPERVISORS MINUTES—MAY 23,2017 B. Appointment to the Upper Feather River Integrated Regional Water Management Board MOTION: APPOINT SUPERVISOR TEETER TO THE UPPER FEATHER RIVER INTEGRATED REGIONAL WATER MANAGEMENT BOARD. (MOTION:LAMBERT;SECOND:WAHL) VOTE: MOTION PASSED UNANIMOUSLY C. Board Member/Committee Reports and Board Member Comments (Pursuant to California State law,the Board is prohibited from taking action on any item not listed on the agenda) SUPERVISOR CONNELLY PRESENTED A VIDEO WITH REGARDS TO ASSEMBLYMAN JAMES GALLAGHER'S TESTIMONY CONCERNING THE OROVILLE DAM,AS WELL AS HIS OWN TESTIMONY REGARDING THE HISTORICAL PERSPECTIVE OF THE OROVILLE DAM. BRUCE ALPERT, COUNTY COUNSEL, HIGHLIGHTED ON A MEETING THE FEDERAL ENERGY REGULATORY COMMISSION SUBCOMMITTEE HAD WITH ASSEMBLYMAN RICHARD BLOOM AND ASSEMBLYWOMAN SUSAN EGGMAN, IN WHICH ISSUES CONCERNING THE DEPARTMENT OF WATER RESOURCES WERE DISCUSSED. SUPERVISOR CONNELLY DISPLAYED AND BRIEFLY DISCUSSED A MAP INDICATING THE FATALITIES THAT HAVE OCCURRED ON HIGHWAY 70. 4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, INFORMED OF THE STATE SHIFTING COSTS TO THE COUNTIES WITH REGARDS TO THE IN-HOME SUPPORTIVE SERVICES PROGRAM AND THAT THE GOVERNOR'S MAY REVISE HAS BACKFILLED SOME OF THE FUNDING FOR AT LEAST THE UPCOMING FISCAL YEAR. MR. HAHN ALSO INFORMED THE BOARD OF THE RELEASE OF PRESIDENT TRUMP'S BUDGET FOR FISCAL YEAR 2018. HE FURTHER HIGHLIGHTED ON THE DISCUSSIONS BETWEEN THE DEVELOPMENT SERVICES DEPARTMENT AND THE CITY OF GRIDLEY CONCERNING THE DEPARTMENT'S BUILDING INSPECTION SERVICES, WHICH THE DEPARTMENT WILL BE PROVIDING TO THE CITY OF GRIDLEY MOVING FORWARD. • Letter for Federal Fire Suppression Funding Solutions MOTION: APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (MOTION:WAHL;SECOND:TEETER) VOTE: MOTION PASSED UNANIMOUSLY 4.03 Items Removed from the Consent Agenda for Board Consideration and Action (NONE) 4.04 Ordinances Amending Butte County Code Chapter 4, "Animals" and Chapter 40, "Alarm Systems" MARYJO ALONZO, MANAGEMENT ANALYST,SENIOR,COUNTY ADMINISTRATION, PROVIDED A REPORT. MOTION: WAIVE THE FIRST READING OF THE ORDINANCES(2). (MOTION:TEETER;SECOND:LAMBERT) VOTE: MOTION PASSED UNANIMOUSLY Page 5 BOARD OF SUPERVISORS MINUTES-MAY 23,2017 4.05 Employment Contract- Director, Information Services BRIAN RING,ASSISTANT CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT. MOTION: APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (MOTION:LAMBERT;SECOND:WAHL) VOTE: MOTION PASSED UNANIMOUSLY 4.06 Authorization to Submit a Pre-Application to the USDA to Finance the Construction of an Evidence Storage Building/Morgue JOANNE WILSON, MANAGEMENT ANALYST,COUNTY ADMINISTRATION, PROVIDED A REPORT. MEEGAN JESSEE, DEPUTY ADMINISTRATIVE OFFICER,COUNTY ADMINISTRATION,ADDRESSED THE BOARD. MOTION: AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN AND SUBMITTHE PRE-APPLICATION TO THE UNITED STATES DEPARTMENT OF AGRICULTURE. (MOTION:TEETER;SECOND:LAMBERT) VOTE: MOTION PASSED UNANIMOUSLY 4.07 Authorization to Finance the Government Infrastructure Project Phase I JOANNE WILSON, MANAGEMENT ANALYST,ADMINISTRATION, PROVIDED A REPORT. MOTION: DIRECT STAFF TO ACCEPT THE FINANCING TERMS OFFERED AND SIGN ALL RELATED DOCUMENTS. (MOTION:WAHL;SECOND:LAMBERT) VOTE: MOTION PASSED UNANIMOUSLY 4.08 Financial Report for Third Quarter FY 2016-17 MEEGAN JESSEE, DEPUTY ADMINISTRATIVE OFFICER, PROVIDED A REPORT. Board action: Accepted for information. 4.09 Fire Services Restructure ANDY PICKETT, DEPUTY ADMINISTRATIVE OFFICER, PROVIDED A REPORT. PUBLIC COMMENT THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD:TERRY CLELAND, PAMELA ALLEY, KIM MORRIS, JEANNE CECCHI, DEE ANN WILLSON,SANDRA LEWIS, RICK MANSON,AND KEN SMITH. DARREN READ, BUTTE COUNTY FIRE CHIEF,ADDRESSED THE BOARD. Page 6 BOARD OF SUPERVISORS MINUTES-MAY 23,2017 MOTION: DIRECT STAFF TO CLOSE STATION 42 EFFECTIVE JULY 1,2017. (MOTION:LAMBERT;SECOND:TEETER) VOTE: MOTION PASSED 3-1 AYES: SUPERVISORS CONNELLY,LAMBERT,AND TEETER NAYS: SUPERVISOR WAHL MOTION: DIRECT STAFF TO CONTINUE NEGOTIATIONS WITH THE STATE TO TRANSFER STATION 55 IN BANGOR TO CAL FIRE. (MOTION:TEETER;SECOND:LAMBERT) VOTE: MOTION PASSED UNANIMOUSLY Board action: Direction provided to staff to conduct additional outreach. Item will return to the Board at a future date. 5. PUBLIC HEARINGS AND TIMED ITEMS 5.01 9:30 am — Public Hearing to Adopt a Mitigated Negative Declaration for the Midway Bridge Replacement Project at Butte Creek DENNIS SCHMIDT, DIRECTOR OF PUBLIC WORKS,AND TOM FOSSUM, DEPUTY DIRECTOR, PUBLIC WORKS, PROVIDED A REPORT. MOTION: ADOPT THE MITIGATED NEGATIVE DECLARATION FOR THE MIDWAY BRIDGE REPLACEMENT PROJECT AT BUTTE CREEK COUNTY PROJECT 26311-09-1, FEDERAL BRIDGE REPLACEMENT PROJECT BRLS-5912 (085), REGARDING ENVIRONMENTAL IMPACTS, ALONG WITH THE LISTED FINDINGS IN THE STAFF REPORT AND AUTHORIZE THE CHAIR TO SIGN THE NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS. (MOTION:LAMBERT,SECOND:WAHL) VOTE: MOTION PASSED UNANIMOUSLY 5.02 9:45 am — Presentation by the California Department of Water Resources — Haul Route for the Spillway Recovery Project LEROY ELLINGHOUSE, ROADS, RESPONSE, AND RECOVERY TASK FORCE, DEPARTMENT OF WATER RESOURCES, AND MIRANDA DAHL, ENGINEER, PROVIDED A REPORT. 5.03 10:00 am — Itemized Costs and Penalties Related to Nuisance Abatement to Record a Lien and Impose a Special Assessment a. Code Enforcement Case No. CE16-0484; 10021 Cohasset Road, Cohasset; APN: 056-110- 011 CHRIS JELLISON, CODE ENFORCEMENT SUPERVISOR,AND BRAD STEPHENS,ASSISTANT COUNTY COUNSEL, PROVIDED A REPORT. PUBLIC COMMENT: Page 7 BOARD OF SUPERVISORS MINUTES—MAY 23,2017 THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: CHARNEL JAMES, ATTORNEY FOR APPLICANT. MOTION: APPROVE THE SPECIAL ASSESSMENT OF$3,559.22. (MOTION:LAMBERT,SECOND:WAHL) VOTE: MOTION PASSED UNANIMOUSLY b. Code Enforcement Case No.CE16-0669; 1402 Tehama Avenue,Oroville;APN:030-041-021 CHRIS JELLISON, CODE ENFORCEMENT SUPERVISOR,AND BRAD STEPHENS,ASSISTANT COUNTY COUNSEL, PROVIDED A REPORT. PUBLIC COMMENT: THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: CHARNEL JAMES, ATTORNEY FOR APPLICANT. MOTION: APPROVE THE PROPOSED LIEN OF$46,000 AND SPECIAL ASSESSMENT OF$3,326.21. (MOTION:LAMBERT,SECOND:TEETER) VOTE: MOTION PASSED UNANIMOUSLY C. Code Enforcement Case No. CE16-0381; 586 Canyon Creek Road, Berry Creek; APN: 071- 380-006 CLERK'S NOTE: THIS ITEM WAS REMOVED FROM THE AGENDA AS A SETTLEMENT WAS REACHED IN THIS MATTER. d. Code Enforcement Case No. CE16-0238; 0 Fresno Avenue, Oroville; APN: 030-270-059 CHRIS JELLISON, CODE ENFORCEMENT SUPERVISOR,AND BRAD STEPHENS,ASSISTANT COUNTY COUNSEL, PROVIDED A REPORT. PUBLIC COMMENT: THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD:THOMAS SWETT AND LISA PLANT. MOTION: APPROVE THE PROPOSED LIEN OF$38,5000 AS TO JOSEPH STANFIELD'S%z INTEREST IN THE SUBJECT PROPERTY. (MOTION:WAHL;SECOND:TEETER) VOTE: MOTION PASSED UNANIMOUSLY e. Code Enforcement Case No. CE16-0818; 0 Sandy Springs Lane, Berry Creek;APN:071-520- 005 CHRIS JELLISON, CODE ENFORCEMENT SUPERVISOR,AND BRAD STEPHENS,ASSISTANT COUNTY COUNSEL, PROVIDED A REPORT. PUBLIC COMMENT: Page 8 BOARD OF SUPERVISORS MINUTES-MAY 23,2017 THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: CHARNEL JAMES, ATTORNEY FOR APPLICANT,AND TONG VUE. MOTION: APPROVE THE PROPOSED LIEN OF$47,000 AND SPECIAL ASSESSMENT OF$2,691.71;DIRECT COUNTY COUNSEL TO HOLD THE RECORDATION OF THE LIEN FOR 10 CALENDAR DAYS;AND AUTHORIZE THE DIRECTOR OF DEVELOPMENT SERVICES TO NEGOTIATE A SETTLEMENT WITH THE APPLICANT. (MOTION:LAMBERT,SECOND:WAHL) VOTE: MOTION PASSED UNANIMOUSLY 5.04 10:30 am—Update on Special Event Facilities Ordinance TIM SNELLINGS, DEVELOPMENT SERVICES DIRECTOR, PROVIDED A REPORT. ROWLAND NICKEL,SENIOR PLANNER, DEVELOPMENT SERVICES,ADDRESSED QUESTIONS FROM THE BOARD. PETE CALARCO, DEVELOPMENT SERVICES ASSISTANT DIRECTOR,ADDRESSED THE BOARD. PUBLIC COMMENT: THE FOLLOWING MEMBERS OFTHE PUBLIC ADDRESSED THE BOARD:DONNA WHITE,DAVE MOSS,MARY MOSS,CHRIS JENNINGS,JOHN GODDARD,JACK SMITH, ROBERT DYER,GEORGIA BELLIN, KRIS NIKOLAWSON, PAUL VANDERGRIFT, RICHARD SCHAEFER,AND DON ILLA. Board action: Direction provided to staff. 6. BOARD OF SUPERVISORS PUBLIC COMMENT PUBLIC COMMENT: THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: ROBERT SMITH AND PAMELA ALLEY. 7. BOARD OF SUPERVISORS CLOSED SESSION 7.01 Public Employee Employment, Appointment, Recruitment, 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 Resources Conservation Director 7.02 Actual Litigation Pursuant to Government Code Section 54956.9(d)(1): Page 9 BOARD OF SUPERVISORS MINUTES-MAY 23,2017 1. County of Butte v. DWR;Third District Court of Appeal Case No. C071785. 7.03 Conference with Labor Negotiator Pursuant to Government Code Section 54957.6: Negotiators: Jack Hughes, Pamela Knorr,Joe Ambrosini, and Brian Ring Employee Organizations: Teamsters - General Unit; Teamsters - Social Services Workers' Unit; Butte County Management Employees Association; Butte County Probation Peace Officers Association; Butte County Probation Peace Officers Association - Management Unit; Butte County Professional Employees' Association; Butte County Deputy Sheriff's Association - General Unit; Butte County Deputy Sheriff's Association - Management/Supervisory Unit; Butte County Correctional Officers Association - General Unit; Butte County Correctional Officers Association - Supervisory Unit; UPEC Local 792 - Skilled Trades Unit; Butte County Deputy District Attorneys Association - Attorney Unit; Confidential Unit; Non-Represented Unit *There were no announcements out of closed session. 7here being no further business before the Board, the nieeting adjourned, 7he Butte County Board of Super visors Will reconvene at the next regular nieeting, scheduled for.lune .13, 2017, Bill Connelly, Chair .... Brats County Board of Supervisors Paul Hahn, Chief,yss"niinlstrative Offices and Clerk of the Board Dq) uty Oaru ssa Menchaca Assobate Oerk of the Board Page 10