HomeMy WebLinkAboutM081313 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/13/2013
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.
CORRECTIONS AND/OR CHANGES TO THE AGENDA. (NONE)
1314-001 CONSENT AGENDA
1. Crestwood Behavioral Health, Inc. - Crestwood Behavioral Health, Inc. (Crestwood) consists of skilled
nursing facilities, mental health rehabilitation centers, and institutes for mental disease which provide
behavioral intervention and psychological and social rehabilitation to consumers with mental disorders
in secure residential settings. Approval is requested for an amendment to the agreement with
Crestwood to provide additional services due to increased client placement. The term of this agreement
will remain July 1, 2012 through June 30, 2013. The maximum financial obligation under this agreement
shall not exceed $826,396.20. This is an increase of $57,541.20 (department budget utilizing
realignment funds).
2. Star View Adolescent Center, Inc. - Star View Adolescent Center, Inc. (Star View) offers a multilevel
program combining psychiatric crisis intervention, high-quality residential care, educational services,
mental health treatment, and rehabilitation. Developed in 1996, in conjunction with Los Angeles
County, Star View serves up to 56 severely emotionally disturbed youth between the ages of 12 and 17
years. In addition to serving Los Angeles County youth, Star View serves youth from across the state
through contracts with multiple counties. Approval is requested for an agreement with Star View to
provide specialty mental health services in addition to psychiatric health facility services. The term of
this agreement is June 20, 2013 through June 30, 2014. This agreement is replacing the Interim
Agreement, which has been in place between Behavioral Health and Star View since June 20, 2013. The
maximum financial obligation under this agreement shall not exceed $53,298.87 (department budget
utilizing Federal Medi-Cal revenue).
3 Appointment to Durham Mosquito Abatement District - Supervisor Lambert nominates David Jessen to
fill a vacated Trustee position.The term will end December 31, 2013.
4. Appointment to Kimshew Cemetery District - Supervisor Teeter nominates Alfred Howard to fill a
vacated Trustee position. The term will end July 1, 2016.
5. Request to Amend 2013 Board of Supervisors Regular Meeting Calendar-Submitted for consideration is
an amended 2013 Board of Supervisors regular meeting calendar. Pursuant to Butte County Code
Section 2-13, regular Board meetings are normally held the second and fourth Tuesday of each month.
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/13/2013
The Code does allow the Board to alter that schedule by a majority vote. Due to scheduling conflicts in
the month of December 2013, approval is requested for the following changes to the Board of
Supervisors regular meeting calendar: 1) reschedule the December 3, 2013 meeting to December 10,
2013; and 2) cancel the December 17, 2013 meeting. A copy of the proposed meeting calendar is
included in the staff report. If additional meetings are required, the Board's calendar can be amended
or a special meeting can be ordered.
6. Medi-Cal Data Privacy and Security Agreement with the California Department of Health Care Services
(DHCS) - The DHCS has undertaken a state-wide effort to update Medi-Cal Privacy and Security
Agreements. This agreement covers Butte County Department of Employment and Social Services
(DESS) workers that assist in the administration of the MediCal program. The agreement requires that
any access, use or disclosure of Medi-Cal personally identifiable information be in accordance with
Welfare and Institutions Code Section 14100.2 and 42 Code of Federal Regulations Section 431.300 et.
seq., or as required by law. DHCS receives federal funding to administer the Medi-Cal program. DHCS
provides funding to counties in exchange for counties' assistance in administering the Medi-Cal
program.The Director of DESS requests the Board of Supervisors to approve the updated Medi-Cal Data
Privacy and Security Agreement between the DESS and the DHCS.
7. Gridley Veterans Memorial Hall Committee -The Gridley Veterans Memorial Hall Committee on behalf
of the Veterans Organizations and the Citizen Veterans using the Gridley Veterans Memorial Hall,
submit the following nominations for appointment to serve on the Gridley Veterans Memorial Hall
Committee for the term ending June 30, 2014: American Legion South Butte Post 201 - Owen R. Stiles,
Delegate; Citizen Veteran -George Nichols, Delegate; and Frank L. Bartolomucci, Delgate.
8. Managed Health Network (MHN) Butte County Employee Assistance Program (EAP) - The Managed
Health Network (MHN) is the provider of the Butte County Employee Assistance Program, which has
established a network of professional providers to render services for the benefit of Butte County
employees and their dependents. The MHN has requested, through an amendment to the existing
contract, term language (Section V) be updated to reflect a term of July 1, 2013 through June 30, 2014.
All other provisions of the agreement shall remain the same.
9. Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a
resolution to amend the Salary Ordinance. These changes will increase the total allocations in the
County by 3 positions until departmental recruitments are conducted in Behavioral Health at which
time 3 vacant positions will be deleted at a future Board meeting. The following are the sections to be
amended: Employment & Social Services (DESS): DESS is requesting to delete 2 vacant positions of Legal
Office Specialist, Senior/Legal Office Specialist and 1 vacant position of Account Clerk, Senior/Account
Clerk. These changes will decrease the total allocations in the department by 3 positions and have no
fiscal impact on the County General Fund. Human Resources: The Human Resources Department is
requesting to add the classification of Public Health Epidemiologist to Section 57, Reference I of the
Salary Ordinance entitled, "Professional Employees' Unit". The salary range shall be set at Range 60
($2,411.66-$3,231.86 bi-weekly). This classification will be utilized in the Public Health Department. The
classification was agreed to by the County and the applicable employee association.Public Health:
Concurrent with the Human Resources request above, the Public Health Department is requesting to
add one position of Public Health Epidemiologist.This position is necessary for the accreditation process
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/13/2013
in the department. This change will increase the total allocations in the department by 1 position, has
no impact on the General Fund and is included in the fiscal year (FY) 2013-14 budget.Behavioral Health:
The Behavioral Health Department is requesting to add four (4) positions of Supervisor, Administrative
Analyst. Once a departmental recruitment is conducted and successful candidates are chosen, the
department will submit a request at a future Board meeting to eliminate 3 vacated positions, thus
increasing the total allocations in the department by 1 position. This change will allow for
standardization and greater flexibility of supervisory assignments within the department. This change
will have no fiscal impact on the County General Fund.ln addition the department is requesting to add 1
term position of Behavioral Health Clinician II/1 to end June 30, 2014. This position is being created to
backfill for a long term leave of absence. This change will increase the total allocations in the
department by 1 position and have no fiscal impact on the County General Fund.Public Works: The
Public Works Department is requesting to flexibly staff 1 position of Information Systems Analyst,
Senior/Information System Analyst/Information Systems Analyst, Associate to Information Systems
Analyst, Principal/Information Systems Analyst, Senior/Information Systems Analyst/Information
Systems Analyst, Associate. In addition the department requests to flexibly staff 1 position of
Administrative Analyst/Administrative Analyst, Associate to Administrative Analyst,
Senior/Administrative Analyst/Administrative Analyst, Associate. These changes will allow the
department greater flexibility for staffing in the organization and will leave the total allocations in the
department unchanged. Any costs associated with these changes were included in department's
approved FY 2013-14 budget.
10. Roe Subdivision, Final Map -The Roe Subdivision, APN 016-220-074, is located at 1334 Moonlight Court,
approximately 1,900 feet east of Cohasset Road, north and east of Chico. The Tentative Map for the
project was conditionally approved on October 25, 2012 to divide a 70.3 acre parcel into two parcels:
one at +/- 30 acres and another at +/- 40 acres. The developer has complied with all the Conditions of
Approval for the project, and therefore the final map is ready for the Board's approval prior to
recording. A reduced copy of the proposed final map is included the staff report.
11. Contract Change Order No. 2 and Notice of Completion for Construction of Module 4, Phase E at the
Neal Road Recycling and Waste Facility - In October of 2012, R&R Horn Contractor, Inc. of Chico, CA was
awarded the construction of Module 4, Phase E contract in the amount of $720,824. In general, the
contract consisted of preparing the existing slopes for liner placement, furnishing and installing liner
components, removing and installing minor drainage facilities, and placing operations layer soil within
the limits of Module 4, Phase E. All contract work has been completed. Contract Change Order No. 2
(CCO #2) compensates the contractor for extra work that was performed during construction that was
not part of the original contract. Specifically, it provides an adjustment of compensation for changing a
drainage pipe size from 30" diameter corrugated metal pipe to 36" diameter corrugated metal pipe.
CCO #2 also increases and decreases the contract items at the contract unit prices to reflect the
amounts actually used during construction. The fiscal impact is a decrease in compensation to the
contractor of$20,590.78.
12. Amendment No.4 to the Agreement with Lumos & Associates for the Design and Management of the
Concow Area Infrastructure Improvement Project - In 2011, Butte County was awarded a Disaster
Recovery Initiative Grant for the Concow area through the Community Development Block Grant
(CDGB) program. A portion of this grant will provide for repair and safety enhancement to the public
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/13/2013
right-of-way allowing for safer ingress and egress in the event of further disasters. At the January 24,
2012 Board of Supervisors meeting, a contract for the design of this infrastructure improvement project
was awarded to Lumos & Associates in an amount not-to-exceed $293,310. Amendment 1, approved
by the Board at the May 22, 2012 meeting, added $20,500 to the not-to-exceed price that incorporated
additional work identified during a field review of the site. Amendment 2, adding an additional billing
rate, was approved by the department as a no-cost change to the existing contract. Amendment 3,
compensating the consultant for additional environmental work required by the State Department of
Housing and Community Development, (HCD) in the amount of $9,580 was approved on May 21, 2013.
HCD has identified additional terms and conditions required for CDBG contracts that the County needs
to include in the contract with Lumos & Associates.These additional terms and conditions are a no-cost
change to the existing contract.
13. Jose Diaz - The Sheriff's Office recently completed a Request for Proposal (RFP) process for
cosmetology/barber services for persons incarcerated in the Butte County Jail. Two responses were
received, and a selection panel chose Jose Diaz to continue providing these services. Mr. Diaz will
conduct weekly haircuts and trims, within the jail facility, for $15 per haircut. Inmates with funds will
pay for their own haircuts. Services for any inmates who have been deemed indigent will be paid
through the inmate welfare fund. The term of the proposed contract is August 1, 2013 through July 31,
2016 with a maximum amount payable of$45,000 or$15,000 per year.
14. Surplus of Search & Rescue Equipment -On January 25, 2000,the Board of Supervisors, on behalf of the
Butte County Sheriff's Office, accepted two snowmobiles and a trailer from Butte County Search &
Rescue unit (S&R). It is customary for the S&R unit to purchase equipment with S&R funds and then
donate the equipment to the Sheriff's Office to insure and maintain. At the end of the equipment's
useful life, the equipment is transferred back to the S&R as surplus equipment for the S&R. It is S&R's
intention to sell the equipment and use the proceeds to purchase new snowmobiles and a trailer. The
equipment requested to be declared surplus and transferred back to Butte County S&R is detailed in the
staff report.
15. State of California - Thermalito Afterbay Boating Enforcement Program - The Butte County Sheriff's
Office is requesting Board of Supervisor's approval to continue negotiations with the State of California,
Department of Water Resources (DWR) for continued funding for the Thermalito Afterbay Boating
Enforcement Program. The program is a year-round program and funds two full-time uniformed deputy
sheriffs providing law enforcement services to recreationalists utilizing the Thermalito Afterbay. In
addition to law enforcement personnel, the funding provides support costs, off-setting building lease
funds, fuel, office supplies, equipment, and vessel maintenance. The Department of Water Resources
requests a Minute Order prior to the agreement being finalized by the State. Current negotiation is to
amend the agreement,for an additional amount of$292,641 for a two-year total of$566,202.
16. Federal Equitable Sharing Agreement and Certification (Sheriff & District Attorney) -The Offices of the
Butte County Sheriff and District Attorney participate in the Federal Equitable Sharing Program and
each official is required to submit a Federal Annual Certification Report to the U.S. Department of
Justice. Additionally, the District Attorney is compelled to send a report to the U.S. Department of
Treasury. The report for FY 2012-13 which is included in staff report summarizes program activities
which resulted in distribution of the case forfeitures to local agencies.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/13/2013
17. Resolution Recognizing 20 Years of Sheriff STARS -The Sheriff's Team of Active Retired Seniors (STARS)
turned twenty. The first STARS academy graduated sixteen members on March 26, 1993. Today, the
Sheriff's Office boasts a team of over 80 STARS as they assist the community with Neighborhood Watch,
collection and purging of evidence, traffic control, emergency response, crime prevention activities and
other miscellaneous duties too numerous to list. The STARS allow the paid staff to focus on other tasks
maximizing the efficiency of deployment. Since 1993, there have been 449 volunteers to this great
organization and STARS members have patrolled 1,579,551 miles in Butte County. Since the department
began tracking statistics in 2000, STARS volunteers have worked 689,441 hours, which translates to $17
million worth of free labor for the County.
18. Contract Amendment with California Department of Water Resources (DWR) Amending Table A Water
Amount for 2010 and 2011 - Butte County has a water supply contract (WSC)with the DWR wherein the
County receives Table A water allocation through the State Water Project. The WSC has been
periodically amended since its inception when Oroville Dam was built, allowing the County to take and
pay for less water than allocated under Table A. Under the original WSC,the County's annual amount of
Table A water is 27,500 acre feet. Beginning in 2008,the DWR required the County to pay for the entire
27,500 acre feet, whether or not the County used the entire allocation. Through negotiations, the DWR
has agreed to retroactively lower the County's Table A amount for the years 2010 and 2011 and issue a
credit for these two years. This contract amendment will provide the legal means for the DWR to
process and award the credit to the County for 2010 and 2011. The amendment will offset the costs
associated with the purchase of the Table A water amount for years 2010 and 2011 for a net credit to
Butte County of up to $2,004,581.
19. Butte County Resolution Recognizing CASA (Court Appointed Special Advocate) Superhero Run on
September 21, 2013.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA (MOTION: KIRK; SECOND:TEETER)
VOTE: Motion APPROVED 5 -0
REGULAR AGENDA
1314-002 Boards, Commissions and Committees
1. Appointments to Listed Vacancies (NONE)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/13/2013
2. Board Member/Committee Reports and Board Member Comments (Pursuant to CA State law,the
Board is prohibited from taking action on any item not listed on the agenda.)
SUPERVISOR LAMBERT REPORTED ON A THE GROUNDBREAKING CEREMONY ON SUTTER
BUTTE FLOOD CONTROL LEVEES.
SUPERVISOR TEETER PROVIDED AN UPDATE ON ROAD 171.
SUPERVISOR KIRK REPORTED ON A MEETING THAT SHE AND SUPERVISOR TEETER ATTENDED
WITH REALTORS AT JEFFERIES LYDON TO DO PUBLIC OUTREACH AND ANSWER QUESTIONS.
SUPERVISOR CONNELLY REPORTED THAT HE AND MULTIPLE COUNTY REPRESENTATIVES AND
STATE REPRESENTATIVES TOURED SOME OF THE ILLEGAL GRADING SITES,AND HE REPORTED
ON THE NEGATIVE IMPACTS OF THE GRADING.
1314-003 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT.
1314-004 PERS Post-Retirement Employment Exemption - The California Public Employees' (PERS) Pension
Reform Act of 2013 requires newly retired persons to "sit out"for at least 180 days before returning
to work for an employer in the same retirement system which they receive a retirement allowance
and provides an exemption to this rule with governing body approval in a properly noticed public
meeting on a regular agenda calendar (Section 7522.56(f)(1) Government Code). The department
has one Administrative Assistant, Senior position that is responsible for all of the department's
administrative functions (billing, personnel, etc), web administration, Water Commission and other
advisory committee meeting administration, scheduling and other duties. The position is
responsible for some of the department's highly visible and mission critical functions. The
incumbent in the position will retire effective August 30, 2013. A candidate has been hired to fill the
position. Although the position has been filled, there is a critical need to have the retiree available
for short-term, intermittent periods to assist the new hire on critical aspects of the position. The
department anticipates utilizing this exemption sparingly and on an as-needed-basis to assist with
providing assistance on specific job related procedures to advance the new hire's transition and
during an absence.The most critical period for assistance from the retiree is over the next 180 days.
Given unique subject matter expertise, the retiree is the only person capable meeting this critical
need. Having the ability to draw upon the expertise of the retiree during the new hire's transition
period will assure Departmental program continuity and success. The Director of Human Resources
has reviewed the facts and concurs that the request is consistent with the exemption outlined in
Government Code Section 7522.56(f)(1) and supports this request.
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/13/2013
PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION ADDRESSED THE
BOARD.
MOTION: I MOVE TO APPROVE PERS POST-RETIREMENT EXEMPTION PURSUANT TO SECTION 7522.56
GOVERNMENT CODE. (MOTION: KIRK; SECOND:TEETER)
VOTE: Motion APPROVED 5 -0
1314-005 Resolution of Intent to Establish County of Butte Community Facilities District No. 2013-1 (Clean
Energy Program) - Property Assessed Clean Energy(PACE)financing is a vehicle which provides cities
and counties with the power to levy assessments on the county property tax bill for financing the
installation of renewable energy and energy and water efficiency improvements that are
permanently affixed to the property. PACE programs are typically operated by a third party
administrator. During the March 26, 2013 Board of Supervisors meeting, the Board requested staff
work on the necessary approval documents to operate a PACE program in the County to be
administered by Ygrene Energy Fund. The Ygrene PACE program is based on the Mello-Roos
Community Facilities Act as amended by Senate Bill 555 (2011), enabling the financing of energy
efficiency, renewable energy generation, and water conservation measures through a Mello-Roos
District. The first step in creating such a PACE program through SB 555 is the adoption of a
Resolution of Intention to establish a program and a Community Facilities District and levy special
taxes therein to finance clean energy improvements.
JENNIFER MACARTHY, ECONOMIC AND COMMUNITY DEVELOPMENT MANAGER, PROVIDED A
REPORT.
MOTION: I MOVE TO: 1) APPROVE AGREEMENT WITH YGRENE ONLY WITH THE REMOVAL OF ITEM 7 IN
RELATION TO THE CARBON CREDITS AND AUTHORIZE CHAIR TO SIGN; 2) APPROVE LETTER
AGREEMENT WITH ORRICK, HERRINGTON & SUTCLIFF, LLP AND AUTHORIZE CHAIR TO SIGN; AND 3)
ADOPT A RESOLUTION OF INTENTION AND AUTHORIZE THE CHAIR TO SIGN; 4) SCHEDULE PUBLIC
HEARING TO BE HELD ON SEPTEMBER 24, 2013 AT 9:30 A.M. AND DIRECT CLERK OF THE BOARD TO
PUBLISH NOTICE OF PUBLIC HEARING. (MOTION:TEETER; SECOND: KIRK)
VOTE: Motion APPROVED 5 -0
PUBLIC HEARINGS AND TIMED ITEMS (NO ITEMS)
PUBLIC COMMENT (each speaker limited to five minutes) (NONE)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/13/2013
1314-006 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. PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO
GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14.WATER AND RESOURCE CONSERVATION DIRECTOR
THERE WERE NO ANNOUNCEMENTS FROM CLOSED SESSION.
THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD
THE MEETING WAS ADJOURNED AT AND WILL RECONVENE
AT A REGULAR MEETING OF THE BOARD TO BE HELD ON
AUGUST 27, 2013.
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