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HomeMy WebLinkAboutM082614 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/26/2014 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. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, READ A CORRECTION OF A DATE INTO THE RECORD FOR ITEM 3.22,THE DROUGHT TASK FORCE UPDATE. THE CORRECTION HAS BEEN NOTED IN THIS DOCUMENT. CONSENT AGENDA 3.01 Introduction of an Ordinance Amending Sections 23-12 to 23-20 of Article IV of the Ordinance Code of Butte County - Records of Ownership of Nut Crops - The Board has adopted an ordinance under the authority of the California Food and Agriculture Code (FAC) section 866 to protect the agriculture industry of this County. The intent of this article update is to establish an improved means of verifying ownership of these specified agricultural commodities in order to prevent and deter theft of those commodities, and to provide a means for local enforcement of laws and regulations pertaining to the purchase and sale of these commodities.This amendment would require proper documentation of such possession on forms approved by the Agricultural Commissioner. The amendment would continue a walnut buying period, after which non-processing associated walnut buying operations may take place. The walnut industry is particularly vulnerable to theft due to the manner in which nuts are harvested from windrows. According to the Butte County 2012 Crop Report there were 37,900 harvested acres of walnuts in Butte County with a market value of almost $234,000,000.This value will only increase in the near future with more planted acres and higher commodity values. The acreage of planted walnuts covers an expanse from the Tehama County border, to the Sacramento River, to Durham, Gridley and the Sutter and Yuba County borders which physically provides a daunting task for law enforcement to patrol. This ordinance still provides a window of time to help law enforcement to focus its attention on other theft issues, such as metal and equipment theft, by eliminating roadside buyers that set up locations with temporary equipment and often pay cash without proper proof of ownership. The ordinance provides an updated definition of a "processor" for nut processing facilities - action requested -WAIVE THE FIRST READING OF THE ORDINANCE. (Agriculture) 3.02 Resolution in Recognition of Jan Beruk Upon Her Retirement -Jan Beruk is retiring on August 29, 2014. This is a resolution in appreciation of Ms. Beruk's more than forty years of service to the County of Butte-action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Assessor) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/26/2014 3.03 Appropriation Limit for Fiscal Year (FY) 2014-15 - Request to adopt resolutions confirming Proposition 4 Appropriation Limit calculations for the County of Butte and all special districts under the control of the Board of Supervisors for FY 2014-15 - action requested -ADOPT RESOLUTIONS (2) AND AUTHORIZE THE CHAIR TO SIGN. (Auditor-Controller) 3.04 Mental Health Services Act Plan - In November 2004, California voters passed Proposition 63 creating the Mental Health Services Act (MHSA). MHSA created an additional income tax on California residents making more than $1 million per year. Most of the MHSA revenue is distributed to the counties. In 2005, the Butte County Department of Behavioral Health (BCDBH) began the community input process through meetings, focus groups, surveys and work groups to identify the community needs and to develop program/service plans for Butte County. The County is required to update MHSA Program and Expenditure Plans every three years.The proposed three year plan for FY 2014-15 through FY 2016-17 is the result of the collaboration of the BCDBH administrative team, the BCDBH advisory board, and an extensive community input process which included multiple public community input meetings, focus groups, and public surveys -action requested -APPROVE THE MHSA THREE YEAR PLAN AND AUTHORIZE BEHAVIORAL HEALTH DIRECTOR AND THE AUDITOR-CONTROLLER TO SIGN ACCOUNTABILITY CERTIFICATION. (Behavioral Health) 3.05 Consolidated Fiscal Year 2014-2015 Budget Adjustment - In order to comply with Governmental Accounting Standards and generally accepted accounting practices, the County's year-end process does not automatically roll over appropriations for contracts and purchase orders encumbered in one fiscal year but spent in the next fiscal year. Departments have to estimate what they might spend from their contracts or purchase orders in any given year and then include the balance needed in the next fiscal year's requested budget. Now that FY 2013-14 has ended, departments have more precise estimates for FY 2014-15, which are consolidated into this single item. In addition, some new grant funds and associated appropriations are included. In summary, the adjustments include: General Fund - Increase appropriations by $188,389, offset by$160,000 in new funding and $28,389 in restricted fund balance. These changes include capital asset authority to purchase a Ballot-on-Demand system and a van. Public Health Fund - Increase appropriations and revenue by $80,000. Public Safety/Health & Human Services Realignment Fund - Increase appropriations and revenue by $160,000. Capital Project Fund - Increase appropriations and revenue by $54,299. Public Works Fund - Increase appropriations by $110,000, offset by use of fund balance, and approve a revised Work Program. Neal Road Recycling & Waste Facility Fund - Increase appropriations by$535,000, offset by use of fund balance -action requested - 1) APPROVE BUDGET ADJUSTMENT (4/5 vote required); 2) AUTHORIZE PURCHASE OF CAPITAL ASSETS (2); AND 3) APPROVE THE PUBLIC WORKS ROAD FUND REVISED WORK PROGRAM. (Chief Administrative Officer) 3.06 Transfer Unspent 2011 Realignment Funds from Capital Projects Fund to General Fund - In FY 2011-12, the Board of Supervisors approved a capital project that involved remodeling a portion of the old Juvenile Hall for use as a Day Reporting Center(DRC).The DRC is part of the County's plan to implement the 2011 Public Safety Realignment and the facility remodel was funded entirely with revenue from the 2011 Realignment. The DRC has been completed, and $2,689.93 in 2011 Realignment funds currently remains in the Capital Project Fund. Statute requires that these funds be expended for the purposes of the 2011 Realignment, therefore approval is requested for a budget adjustment that will allow for the transfer of these funds to the General Fund. Subsequently, the Community Corrections Partnership will PAGE 2 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/26/2014 make a recommendation for the use of these funds, subject to Board approval - action requested - APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Chief Administrative Officer) 3.07 Adoption of an Ordinance Amending Sections 1-17.5 and 1-17.6 of Chapter 1 Entitled "Seal of the County of Butte" and "Use of the County Seal" of the Butte County Code - On February 25, 2014, the Board of Supervisors approved the Butte County Communication Strategy for 2014 and 2015 (Strategy). The purpose of the Strategy is to establish Butte County as open, responsive, and innovative when serving employees, the media, and the public. The Strategy includes four initiatives designed to coordinate communication efforts countywide in order to better serve and connect with internal and external audiences. One of the action items in the Strategy is to establish a new Butte County Seal that supports the brand image of Butte County as well as a policy and design brief for use of the Butte County Seal for unified portrayal of County government. The Board of Supervisors selected a design for the new Butte County Seal on June 24, 2014 and directed staff to bring an ordinance before the Board to adopt the new design. The ordinance amending Sections 1-17.5 and 1-17.6 of Chapter 1 entitled "Seal of the County of Butte" and "Use of the County Seal" of the Butte County Code replaces the existing Butte County Seal design with the design selected by the Board on June 24, 2014. Amendments to Section 1-17.6, "Use of the County Seal", include authorized use of an alternative image to the Butte County Seal which is a word mark that says, "Butte County California". Additional amendments to Section 1-17.6 include authorization for the Chief Administrative Officer to approve modifications to the design of the Butte County Seal for use in advertising and promotion for Butte County - action requested -ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Officer) 3.08 Resolution Regarding Changes to Federal Rules Governing Acknowledgment Standards for Indian Tribes - The Department of the Interior (DOI) has recently proposed changes to the Acknowledgment Rule (Proposed Rule Changes) for the administrative process to federally acknowledge American Indian tribes. These proposed changes would alter the mandatory criteria, reduce the periods of federal evaluation of tribal identities, and generally lessen the standards for federal acknowledgment that have been in place for the last 36 years. In addition, if adopted, the proposed changes would also allow previously denied petitioners an opportunity to re-petition for acknowledgment administratively. Butte County has an interest in acknowledgment regulations and decisions, as newly-recognized tribes may desire to secure trust lands, which are removed from state and local jurisdiction. When lands are removed from the County's regulatory jurisdiction,the obligation to provide law enforcement and other services may continue or even increase, while regulatory control is lost and property taxes are no longer collected to cover the cost of those services. The California State Association of Counties (CSAC) has requested that all member agencies adopt a resolution opposing any changes to the Acknowledgment Rule that would constrain the ability of local governments to participate as interested parties during the review of acknowledgment petitions and requesting that Congress hold oversight hearings to fully explore the potentially significant impacts of the proposed changes. Adoption of the resolution will further allow staff to prepare letters of opposition to DOI rule changes as necessary if the changes would reduce the role of local governments as interested parties - action requested - ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Officer) SUPERVISOR WAHL VOTED NO ON THE ADOPTION OF THIS RESOLUTION. 3.09 Agency Response to Grand Jury - To comply with Penal Code Sections 933 and 933.05, staff has PAGE 3 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/26/2014 prepared a draft Board of Supervisors response to the findings and recommendations contained in the 2013-14 Grand Jury Final Report. Also contained are the responses Department Heads prepared for the Presiding Judge of the Butte County Superior Court. Attachment A in the staff report contains copies of Elected Department Head responses, and Attachment B contains copies of Appointed Department Head responses. It is requested that the Board approve the response for submittal to the Presiding Judge. Alternatively, the Board can direct staff to make specified changes to the draft response, and a revised response can be submitted to the Presiding Judge - action requested - APPROVE GRAND JURY RESPONSE AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Officer) 3.10 Approve Contract Between the State of California and Butte County for FY 2014-15 - The County of Butte contracts with the State of California to provide fire protection services in the unincorporated areas of Butte County. This contract has been in place since 1931 and funds twelve full time County fire stations and six winter funded stations (Amador plan) and various command and support staff throughout the County. The agreement between the County and the State is for a term from July 1, 2014 through June 30, 2015. The amount of the agreement is $13,865,124 - action requested - 1) APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Fire) 3.11 Volunteer Fire Assistance Grant - 2014-15 - In 2014-15 the Fire Department applied for and budgeted for the Volunteer Fire Assistance Grant. The Fire Department received notice that the grant has been awarded in the amount of $39,960 which includes a $19,980 match. The grant provides for gear to replace worn out personal protective equipment and flashlights for our volunteer firefighters. This grant helps fund much needed equipment for the Volunteer Firefighter Program that is not included in the County Fire Department budget - action requested - 1) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Fire) 3.12 Amendment to the Agreement with River City Controls for the Butte County Hall of Records Building Commissioning - In April, 2013, a $24,600 agreement was executed with River City Controls to provide commissioning services for the new Butte County Hall of Records Building. Commissioning services ensure that environmental aspects of the design comply with California Building Code and the County's requirement for energy conservation and that, once constructed, all components perform according to the original design objectives. Subsequent to entering into the agreement, design modifications were implemented in order to reduce the size of the facility and cost of construction. Staff now recommends that the commissioning contract be amended to provide for evaluation of these design changes and to allow for opposite season commissioning services that were not part of the original contract terms. The $6,300 amendment brings the total contract to $30,900. Funding is included in the capital project fund and no additional appropriation is needed - action requested - APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (General Services) 3.13 Surplus Vehicle and Equipment Auction - Prior to auctioning for sale County assets that are no longer serviceable or no longer needed, Section 12.3.3 (Vehicles) and Section 12.4 (Capital Assets other than vehicles) of the Butte County Contracts/Purchasing Policy and Procedure Manual requires such PAGE 4 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/26/2014 equipment be declared surplus by the Board of Supervisors. Staff recommends that the Board declare the items listed in the staff report as surplus and authorize the County Purchasing Agent to auction the items - action requested - 1) DECLARE LISTED VEHICLES AND OTHER CAPITAL ASSETS SURPLUS; AND 2) AUTHORIZE THE PURCHASING AGENT TO AUCTION LISTED ITEMS. (General Services) 3.14 Award of Contract to Franklin Construction, Inc.for Construction of the Jail Road Rehabilitation Project - Currently, the roadway between the main Jail/Sheriff's Office and public transportation available on County Center Drive in Oroville lacks proper drainage and sidewalk features. The design of the curb, gutter, sidewalk and lighting improvements was completed in FY 2011-12. The environmental review (Notice of Exemption) was completed and filed with the County Recorder on December 14, 2012. The construction portion of the project was advertised in the Enterprise Record on July 11, 2014 as Invitation for Bid (IFB) No. 94-14, along with the online posting which provides electronic notification to local contractors and contractors' exchanges. Bids were received from six firms as follows: 1) Martin General Engineering, Inc., Rancho Cordova - $280,492.50; 2) Stimpel-Wielbelhaus Associates, Inc., Redding - $258,800; 3) Knife River Construction, Chico - $255,743; 4) Santos Excavating, Inc., Chico - $254,450; 5) West Coast Paving and Chip Sealing, Inc., Yreka - $223,544.16; and 6) Franklin Construction, Inc., Chico - $191,431. Staff recommends the contract be awarded to Franklin Construction of Chico for $191,431. Funding for this project is included in the approved Capital Improvement budget, and no additional appropriation is necessary. The detailed plans and specifications are available for review in the General Services Department office - action requested - 1) APPROVE THE CONSTRUCTION CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; 2) APPROVE THE PLANS AND SPECIFICATIONS FOR THE JAIL ROAD REHABILITATION/SIDEWALK PROJECT, IFB NO. 94-14; AND 3) APPOINT THE GENERAL SERVICES DIRECTOR AS THE OFFICER OF THE PROJECT. (General Services) 3.15 Award of Contract for Hall of Records Resident Inspector Services to Rod Johnston - On June 10, 2014, the Board of Supervisors awarded the construction contract for the Hall of Records Project. Staff then issued a Request for Proposals from six local firms specializing in Resident Inspection services. Proposals were received from James Brown, David Hurd and Rod Johnston. Rod Johnston received the highest ranking (188 out of 200 points) in the review process, which considered 1) reputation and experience; 2) capability and availability of staff, 3) understanding of the problem; 4) proximity of firm to job location; and 5) financial stability of the firm. Staff recommends that the Board award the contract to Rod Johnston, from Chico, to assist the County in completing technical on-site inspections to verify that all aspects of the new building comply with the plans, specifications, and generally accepted building practices.The not-to-exceed cost of this agreement is$110,000 and is within the budgeted estimate for this planned service. No additional appropriation is necessary. The contract term is 365 days from the Notice to Proceed - action requested - APPROVE THE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (General Services) 3.16 2014 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, 35, 40 and 45 years. The groups with the longest tenure with the County, (30, 35, 40 years...), will be presented their awards by the Board of Supervisors during the Resolution ceremony. There are three employees who have served 30 years of service, one employee who has served 35 years of service, and PAGE 5 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/26/2014 one employee who has served 40 years of service. 30 Year Employees: Lisa Beach, Shirley Mitchell, and Nancy Zuschin; 35 Year Employee:Julie Nelson; and 40 Year Employee: Janice Beruk -action requested - ADOPT RESOLUTIONS(5)AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) AFTER THE CONSENT AGENDA WAS ADOPTED, BRIAN RING, DIRECTOR OF HUMAN RESOURCES, PRESENTED RESOLUTIONS AND GIFTS TO THE ABOVE NAMED EMPLOYEES. 3.17 Agreement with Rideout Health for Pre-Employment Medical Examinations- Human Resources requests approval of an updated agreement with Rideout Health (formerly known as Fremont-Rideout Clinic) to conduct pre-employment medical examinations for certain job classifications.The agreement, from July 1, 2014 to June 30, 2015, has a not-to-exceed amount of$45,000 based upon the estimated number of pre-employment physicals that will be required during the year - action requested - APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Human Resources) 3.18 Public Health Emergency Preparedness (PHEP), Pandemic Influenza (PanFlu) and Hospital Preparedness Program Grant Agreement for 2014-2017 - Approval is requested for an agreement between the California Department of Public Health and the County of Butte to provide funding for Butte County's PHEP, PanFlu, and Hospital Preparedness programs. Funding will be utilized to develop and implement specific activities related to emergency preparedness that are in accordance with the requirements of the Centers for Disease Control and the Local Grant Application Guidance for FY 2014-15. Examples of grant activities include health care system preparedness, volunteer management, emergency operations coordination, information sharing, community preparedness, and program management. The term of the agreement is July 1, 2014 through June 30, 2017 with a maximum amount receivable of $1,357,095 ($452,365 for FY 2014-15, $452,365 for FY 2015-16, and $452,365 for FY 2016-17) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Health) 3.19 Women, Infants and Children (WIC) Grant Agreement Federal FY 2014-15 - The WIC program is a federally-funded program that provides supplemental nutritious foods to mothers, infants and young children. Services provided through the program include nutrition education and the provision of a voucher booklet containing coupons that can be exchanged for designated food items from authorized WIC food vendors. Participants must meet income guidelines and be a pregnant woman, new mother, infant or child under age 5. The Public Health Department has received funding to participate in this program as the Local WIC Agency for many years. The Public Health Department is requesting the approval of an agreement with the California Department of Public Health to continue serving as the Local WIC Agency. The term of the agreement is October 1, 2014 to September 30, 2015 with a maximum amount receivable of $1,411,996 - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Health) 3.20 Contract Change Order No. 2 for Modules 1 and 3 Temporary Cover Project at the Neal Road Recycling and Waste Facility- In April 2014, the County awarded the Modules 1 and 3 Temporary Cover Project at the Neal Road Recycling and Waste Facility contract to Nichelini General Engineering Contractors, Inc. of West Sacramento, CA in the amount of$692,020.03. During the course of work, it was determined that PAGE 6 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/26/2014 modifications to the original design were required due to conditions encountered in the field, such as increases of waste cover soil and anchor bench engineered fill. Contract Change Order No. 2 is for an overall increase of $84,349 to compensate the contractor for the related increases to the engineer's estimate at Contract Unit Price and for the payment of Extra Work at Force Account -action requested - APPROVE CONTRACT CHANGE ORDER NO. 2 AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.21 Agreement with the St. Vincent De Paul Society - Approval is requested for an agreement with the St. Vincent De Paul Society for services of hauling and recycling of waste mattresses and box springs collected at the Neal Road Recycling & Waste Facility (NRRWF). Last year, the NRRWF recycled over 8,700 mattresses and box springs (240 tons) that would otherwise have been buried. Discarded mattresses present special operational challenges to landfills because they take up an inordinate amount of space compared to other refuse that can be compacted. The St. Vincent De Paul Society is the only service provider for non-institutional mattress recycling in northern California. The term of this agreement will be from the date of execution to July 31, 2015 with a maximum payable amount of $75,000 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Works) 3.22 Drought Task Force Report - In 2004, Butte County adopted the Drought Preparedness and Mitigation Plan (Plan), (Resolution 04-200). A key element of the Plan was the creation of the Drought Task Force (DTF). The charge of DTF is to monitor hydrologic conditions throughout the water year and report the findings to the Water Commission and the Board of Supervisors biannually, quarterly, or monthly as needed. On January 17, 2014, Governor Brown declared a statewide drought emergency and issued an executive order. On January 31, 2014 Butte County activated the 2014 Drought Emergency Operation Center. The 2014 Drought Action Plan is currently in a Level 1 response and has two week operational periods.The 2014 Drought Action Plan was presented to the Board of Supervisors on February 11, 2014. The DTF met on August 4, 2014 to discuss, among other matters,the statewide emergency conservation regulations. On August July 28, 2014, statewide rules went into place that prohibited four specific water wasting practices. Local agencies, either water purveyors, municipalities or counties are responsible for compliance. The report of DTF was presented to the Butte County Water Commission on August 6, 2014. The DTF and the Water Commission supports staff's recommendation of providing compliance materials to people suspected of violating statewide regulations. No formal recommendations to the Board of Supervisors were made from the DTF or the Water Commission. The DTF will meet in November unless circumstances warrant holding a meeting sooner - action requested - ACCEPT FOR INFORMATION. (Water and Resource Conservation) 3.23 Contract Amendment - Butte County is the contract manager for the Northern Sacramento Valley Integrated Regional Water Management (NSVIRWM) planning process through a contract with the State Department of Water Resources (DWR) funded through Prop 84. Although this project has concluded, the Department of Water and Resource Conservation is requesting an amendment to the Prop 84 contract extending it through June 30, 2014. This extension would allow the final report and invoicing to be processed by DWR. The NSV Board voted to approve the NSVIRWM Plan on June 9, 2014 which delayed the project past the current May 15, 2014 scheduled conclusion date. The original approval of the NSVIRWM Plan was anticipated to be in December 2013, but it was delayed due to continued discussion necessary to reach consensus by the NSV Board. With the extension of this planning process through June 30, 2014, a revised budget and schedule were required and are incorporated into the PAGE 7 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/26/2014 amendment as Exhibits B and C - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Water and Resource Conservation) 3.24 Resolution Recognizing the 2ND Annual CASA (Court Appointed Special Advocate) Superhero Run on September 20, 2014 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Other Departments and Agencies) AFTER THE CONSENT AGENDA WAS ADOPTED, JAKE MANGAS, DIRECTOR OF THE NORTH VALLEY CATHOLIC SOCIAL SERVICES, CASA'S UMBRELLA ORGANIZATION,ACCEPTED THE RESOLUTION. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE CORRECTION AS READ INTO RECORD FOR ITEM 3.22,THE DROUGHT TASK FORCE UPDATE. (MOTION: KIRK; SECOND: CONNELLY) VOTE: Motion APPROVED 5 — 0 with the exception of item 3.08 (Resolution Regarding Changes to Federal Rules Governing Acknowledgment Standards for Indian Tribes). Supervisor Wahl dissented on that item. The vote was 4-1 on the approval of 3.08. REGULAR AGENDA 4.01 Boards, Commissions and Committees 1. Appointments to Listed Vacancies (NONE) 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 THE BUTTE COUNTY FAIR WHICH WAS HELD AT THE BUTTE COUNTY FAIRGROUNDS IN GRIDLEY AUGUST 21 THROUGH AUGUST 24. SUPERVISOR LAMBERT REPORTED THAT HE TOURED THE NORTH CHICO COURTHOUSE CURRENTLY UNDER CONSTRUCTION. SUPERVISOR KIRK REPORTED THAT THE GRAND OPENING OF THE AUXILIARY LANES ON HWY 99 IN CHICO WILL TAKE PLACE ON SEPTEMBER 4, 2014. SUPERVISOR TEETER REPORTED HIS ATTENDANCE ATTHE FIRST MEETING OF THE NEWLY-FORMED BUTTE COUNTY FOREST ADVISORY COMMITTEE WHICH TOOK PLACE ON MONDAY, AUGUST 25. 4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT TO THE BOARD. HE INTRODUCED THE AGRICULTURAL COMMISSIONER, RICHARD PRICE, WHO PROVIDED A BRIEF PRESENTATION ON THE BUTTE COUNTY CROP REPORT. PAGE 8 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/26/2014 MR. HAHN REPORTED ON STATE LEGISLATIVE ACTIVITIES. PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION, PROVIDED A REPORT ON STATEWIDE GROUNDWATER LEGISLATION. THE BOARD PROVIDED DIRECTION TO THE CHIEF ADMINISTRATIVE OFFICER AND THE DIRECTOR OF WATER AND RESOURCE CONSERVATION TO SUBMIT A LETTER TO STATE LEGISLATORS TO INDICATE THAT BUTTE COUNTY HAS A NEUTRAL POSITION ON THE CURRENT GROUNDWATER MANAGEMENT LEGISLATION (AB 1739 AND SB 1168). THE BOARD DIRECTED THE LETTER INCLUDE LANGUAGE REGARDING BUTTE COUNTY'S CONCERNS THAT THE LEGISLATION, AS CURRENTLY DRAFTED, GIVES THE STATE WATER RESOURCES CONTROL BOARD ENHANCED POWERS. 4.03 Items Removed from the Consent Agenda for Board Consideration and Action. (NONE) 4.04 Probation Peace Officers' Association Management Unit (PPOA-Mgmt) Memorandum of Understanding (MOU) and Resolution Amending the Salary Ordinance - On July 30, 2013 the Board approved the establishment of a new PPOA-Mgmt Unit. Since then the employees that were moved into the new unit have been following the terms and conditions of employment from their previous MOUS. Over the past several months, the County and the bargaining team for the PPOA-Mgmt Unit have met and conferred over a new MOU. PPOA-Mgmt has ratified the terms of the County's offer for the initial MOU for the unit. Concurrent with the adoption of the MOU, "Section 57K-Probation Peace Officers' Association- Management Unit Classifications" of the Salary Ordinance need to be amended to reflect the wage increases (08/02/14-2% and 08/01/15-2%) that were negotiated with PPOA-Mgmt and included in their MOU. As part of this change, the Salary Schedules reflecting these wage increases also need to be added to the Salary Ordinance. The new Salary Schedules will be titled "Reference U (PPOA - Effective 02/15/14-2%; PPOA-Mgmt Effective 08/02/14-2%) and "Reference U (PPOA - Effective 02/14/15-2%; PPOA-Mgmt - Effective 08/01/15-2%)". - action requested - 1) APPROVE MOU FOR THE PROBATION PEACE OFFICERS' ASSOCIATION-MANAGEMENT UNIT (PPOA-MGMT) AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) BRIAN RING, DIRECTOR OF HUMAN RESOURCES, INTRODUCED THIS ITEM. MOTION: I MOVE TO APPROVE THE MOU FOR THE PROBATION PEACE OFFICERS' ASSOCIATION-MANAGEMENT UNIT (PPOA-MGMT) AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: KIRK; SECOND: CONNELLY) VOTE: Motion APPROVED 5 —0 PAGE 9 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/26/2014 4.05 Elections Code Section 9111 Report and Proposed Initiative to Ban Hydraulic Fracturing Within Butte County - On July 29, 2014, after receiving the certification of sufficiency for an initiative petition to ban hydraulic fracturing within Butte County, the Board of Supervisors requested a report pursuant to Section 9111 of the California Elections Code. Per Code, the report must be presented to the Board of Supervisors no later than 30 days after the certification of the sufficiency of the petition. Once the report is presented to the Board, the Board must take action to either adopt the ordinance without alteration within 10 days or submit the ordinance without alteration to the voters at the next statewide election occurring not less than 88 days after the date of the order of election (Elections Code Section 1405(b)). The next scheduled statewide election is on June 7, 2016 - action requested - 1) ADOPT ORDINANCE WITHOUT ALTERATION WITHIN 10 DAYS; OR 2) ADOPT RESOLUTION SUBMITTING THE ORDINANCE WITHOUT ALTERATION TO THE VOTERS AT THE NEXT STATEWIDE ELECTION SCHEDULED ON JUNE 7, 2016. (Administration) PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, INTRODUCED THIS ITEM. HE REPORTED THAT THE BOARD OF SUPERVISORS-DIRECTED DRAFT ORDINANCE TO BAN FRACKING IN BUTTE COUNTY IS EXPECTED TO BE RELEASED BY COUNTY COUNSEL ON OCTOBER 1, 2014. THE DRAFT WILL BE CONSIDERED BY THE PLANNING COMMISSION ON OCTOBER 23, 2014, AND THE DRAFT ORDINANCE IS EXPECTED TO BE CONSIDERED BY THE BOARD OF SUPERVISORS IN DECEMBER 2014 OR JANUARY 2015. THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: ROBIN DIFALCO, KEN FLEMING, AND BILL WYMAN. MOTION: I MOVE TO ADOPT RESOLUTION SUBMITTING THE ORDINANCE WITHOUT ALTERATION TO THE VOTERS AT THE NEXT STATEWIDE ELECTION SCHEDULED ON JUNE 7, 2016. (MOTION: KIRK; SECOND: LAMBERT) VOTE: Motion APPROVED 5 -0 4.06 Status Report on the Implementation of the Butte County Regional Economic Development Strategy - The Economic Development Element of General Plan 2030 included Action Item ED.A1.1, which calls for the creation of a countywide Economic Development Strategy. On January 25, 2011 the Board of Supervisors approved the Butte County Regional Economic Development Strategy which contained goals, initiatives, and action items to be attained during the period 2011-13. On February 11, 2014 the Board of Supervisors approved a revision to the Strategy, extending the life of the Strategy through 2017 and adding additional action items to support the previously approved goals and initiatives. The approved action items support the following key initiatives: 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 status report of the implementation of the Butte County Regional Economic Development Strategy-action requested -ACCEPT FOR INFORMATION. (Administration) JENNIFER MACARTHY, COMMUNITY AND ECONOMIC DEVELOPMENT MANAGER, PROVIDED A REPORT. THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN. PAGE 10 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/26/2014 PUBLIC HEARINGS AND TIMED ITEMS 5.01 9:30 a.m. - Public Hearing-Adoption of Butte County General Plan Housing Element and Approval of EIR Addendum - It is requested that the Board of Supervisors hold a public hearing regarding the adoption of the amended Butte County Housing Element and approval of an Environmental Impact Report (EIR) Addendum pursuant to the California Environmental Quality Act (CEQA). At this hearing, County staff and Housing Element consultant PMC will present the final Draft Housing Element to the Board. The Housing Element is part of the Butte County General Plan and is periodically amended in accordance with State law.The Housing Element consists of two documents:the Housing Needs Assessment, which analyzes the needs of residents of the unincorporated area through the eight-year planning period, and the Housing Policy Document that establishes policies and programs to help Butte County meet the needs identified in the Housing Needs Assessment. The Housing Element also establishes the Regional Housing Needs Allocation (RHNA) that specifies the number of units, by affordability level, that Butte County must plan to accommodate during its Housing Element planning period. The purpose of the current update effort is to address housing needs of the residents of the unincorporated area of Butte County for an effective planning period of June 15, 2014 through June 15, 2022. The public is encouraged to attend this public hearing and provide comment - action requested - 1) APPROVE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE THE RELATED EIR ADDENDUM. (Development Services) TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, INTRODUCED THIS ITEM. DAN BREEDON, PRINCIPAL PLANNER,AND JENNIFER GASTALON, A CONSULTANT FROM PMC, PROVIDED A REPORT TO THE BOARD. MOTION: I MOVE TO APPROVE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE THE RELATED EIR ADDENDUM. (MOTION: CONNELLY; SECOND: KIRK) VOTE: Motion carried 4- 1 YEA: Supervisor Lambert, Supervisor Connelly, Supervisor Kirk, Supervisor Teeter NAY: Supervisor Wahl 6.00 PUBLIC COMMENT (each speaker limited to five minutes) (NONE) Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law,the Board of Supervisors is prohibited from taking action on any item not listed on the agenda. RECESS Recess as the Butte County Board of Supervisors and convene as the In-Home Supportive Services Public Authority Board. PAGE 11 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/26/2014 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD MINUTES AUGUST 26 , 2014 CALLED TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Members present: Connelly, Wahl, Kirk, Lambert and Teeter 2.00 CONSENTAGENDA (No Items) 3.00 REGULARAGENDA (No Items) 4.00 PUBLIC COMMENT(each speaker limited to five minutes) Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law,the Board is prohibited from taking actions on any item not listed on the agenda. LISA DUGGAN ADDRESSED THE BOARD. 5.00 CLOSED SESSION -ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEM: CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATOR: CATHI GRAMS,JACK HUGHES& BRIAN RING EMPLOYEE ORGANIZATION: CUHW (This closed session item was held contemporaneously with the Board of Supervisors closed session) THERE WERE NO ANNOUNCEMENTS FROM CLOSED SESSION. ADJOURNMENT-Adjourned as the In-Home Supportive Services Public Authority Board and reconvened as the Butte County Board of Supervisors. PAGE 12 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 8/26/2014 CLOSED SESSION -ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS: 7.01 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; CONFIDENTIAL UNIT; PPOA- MANAGEMENT UNIT; NON-REPRESENTED UNIT 7.02 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 1 CASE: COUNTY OF BUTTE V. ENGINEERED CONTROL SYSTEMS, INC.,TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA;JAMS ADMINISTRATIVE HEARINGS CASE NO. 1130005713 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 SEPTEMBER 9, 2014. DOUG TEETER, CHAIR BUTTE COUNTY BOARD OF SUPERVISORS ATTEST: Paul Hahn, Chief Administrative Officer and Clerk of the Board PAGE 13