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HomeMy WebLinkAboutM092512 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/25/2012 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. 1218-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, READ THE FOLLOWING CORRECTION INTO RECORD: REGARDING ITEM 3.08(AGREEMENT WITH THE FERGUSON GROUP)THE MAXIMUM AMOUNT PAYABLE FOR THIS AGREEMENT IS$128,000 - NOT$140,000 AS SHOWN ON THE AGENDA. 1218-002 CONSENT AGENDA 1. Butte County Probation Department - The Butte County Probation Department (Probation), in collaboration with Butte County Superior Court and the Butte County Department of Behavioral Health (BCDBH), established a comprehensive Drug Court Program designed to serve adult drug offenders. Participants are non-violent convicted criminals with substance-abuse issues. BCDBH requests approval for an agreement with Probation for drug testing, ongoing judicial oversight and team management for substance-abusing offenders. The term of the agreement is July 1, 2012 through June 30,2013. The maximum financial obligation under this agreement is $70,000 for Fiscal Year (FY) 2012-13 (Behavioral Health) 2. A. A. Mental Health Resources, Inc. -Adegoke A. Adeyemo M.D - Dr. Adegoke Adeyemo, of A. A. Mental Health Resources, Inc. (Dr. Adeyemo) is a licensed physician and surgeon who is experienced in the delivery of psychiatric services through telepsychiatry, whereby clients receive psychiatric services by video-conferencing. Telepsychiatry has been growing in acceptance and usage over the past decade as a means of serving people living in areas where psychiatrists are unavailable or in short supply. BCDBH requests approval to amend the agreement with A. A. Mental Health Resources, Inc. to provide telepsychiatric services. This contract is being amended due to a renegotiation of Dr. Adeyemo's contract. BCDBH has a shortage of psychiatrists and Dr. Adeyemo has agreed to provide additional days of telepsychiatric services for BCDBH. The terms of the new contract will include a revised pay rate from $150 per hour to $160 per hour and BCDBH will pay his liability insurance. The term of this agreement will remain July 1, 2012 and will terminate on June 30, 2013. The maximum financial obligation under this agreement shall not exceed $211,710 (this is an increase of $31,710 for FY 2012-13) (Behavioral Health) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/25/2012 3. Glad Investments, Inc., dba Riverside Convalescent Hospital - Riverside Convalescent Hospital, a skilled nursing facility, was selected as a result of a competitive Request for Proposal to provide daily meals for inpatients at Butte County's Psychiatric Health Facility. BCDBH requests approval to amend the agreement with Riverside Convalescent Hospital to extend the term by three months. The term of the agreement began July 1, 2012 and will terminate on December 31, 2012. The maximum financial obligation under this agreement shall not exceed $26,812.80. This is an increase of $13,406.40 for FY 2012-13.There will be no change in the cost of meals. (Behavioral Health) 4. Stonewall Alliance of Chico - The Stonewall Alliance of Chico is the contract provider for the LGBT (Lesbian, Gay, Bisexual, & Transgender) suicide prevention program, which provides services for youth and their families. BCDBH requests approval to amend the agreement with Stonewall, to add funding for the Butte County Suicide Prevention Task Force activities, including an insert in the Chico News and Review which will address all aspects of suicide prevention and local resources, and to provided QPR (Questions, Persuade, and Refer) or similar suicide prevention training for community members. The term of this agreement will remain July 1, 2012 and will terminate on June 30, 2013. The maximum financial obligation under this agreement shall not exceed $94,150 (this is an increase of $10,000). This contract will be funded by Mental Health Services Act (MHSA) funds. There is no impact to the County General Fund. (Behavioral Health) 5. Thomas Lancaster, M.D. - Thomas Lancaster (Dr. Lancaster) is a licensed medical doctor, who provides services in the specialized field of psychiatry as required for adult and youth clients at BCDBH, and participates in after-hours and on-call shifts on a rotating schedule. BCDBH requests approval to amend the agreement with Dr. Lancaster for the provision of psychiatric services. This contract is being amended due to a renegotiation of Dr. Lancaster's contract and a reduction of psychiatric service hours for BCDBH. The terms of the new contract will include a revised pay rate from $160 per hour for psychiatric services at the BCDBH Psychiatric Health Facility (PHF) to $150 per hour for psychiatric services at BCDBH clinics. His pay rate for on-call services at the PHF and 23-Hour Crisis Stabilization Unit (CSU) will remain the same. The term of the agreement will remain July 1, 2012 and June 30, 2013. The maximum financial obligation under this contract shall not exceed $206,945.This a decrease of$178,930 for FY 2012-13. (Behavioral Health) 6. Appointments to the Behavioral Health Board - The Behavioral Health Board requests approval of the following appointments to its Board: Appoint Dennis Hyde as a Family Member to a current vacancy previously held by Salvador Ventura with the term ending on December 31, 2013; and appoint Jerald Lea as a Family Member to a current vacancy previously held by Tom LeBlanc with the term ending on December 31, 2014. (Behavioral Health) 7. Amendment to Program Guidelines for the Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) Housing Assistance Program - On October 11, 2011, the Butte County Board of Supervisors approved the "Reuse Plan Governing Program Income from CDBG Assisted Activities for the County of Butte". The Reuse Plan also incorporated, as Exhibit C, the Program Guidelines for the CDBG DRI Housing Assistance Program. The guidelines were developed based on the County's existing Program Guidelines for the CDBG Housing Rehabilitation Program while incorporating the specific requirements of the DRI Program. Butte County staff has worked with the contracted Program Operator over the last PAGE 2 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/25/2012 year to implement the DRI Housing Assistance Program utilizing the approved Program Guidelines. Currently,two housing reconstruction projects have been completed and 11 are in process. Over the last year, the program team has screened over 35 applicants for the DRI Housing Assistance Program. The screening process has helped the program team understand how modifications to the Program Guidelines could allow more homeowners affected by the 2008 wildfires to be assisted while still meeting the overall DRI Program objectives. The Program Guidelines have previously been reviewed and verbally approved by CDBG staff. (Administration) 8. The Ferguson Group - The agreement with The Ferguson Group, the County's federal legislative advocate, expires on September 30, 2012. An amendment to the current agreement is recommended that retains costs, terms and conditions of the existing agreement, and extends the agreement through September 30, 2013. The maximum amount payable shall not exceed $ "x.$128,000. Funds have been budgeted for this purpose in the Administration Department's FY 2012-13 budget. Over the past eight years, The Ferguson Group has worked with the County's congressional delegation and secured over $15 million for priority projects in Butte County. Details regarding the successful partnership between Butte County and The Ferguson Group are included in the agenda report. (Administration) 9. Fiscal Year 2011-2012 Year End Budget Adjustments -The Administration Department has completed its annual analysis of expenditures as part of the year-end process and submits herewith a list of recommended budget adjustments for FY 2011-12. The adjustments do not require use of contingencies nor do they result in any change to final fund balances. The attached memo provides a summary of the recommended transfers and adjustments requiring Board approval. FY 2011-12 results will be presented in greater detail as part of the Fourth Quarter Financial Report delivered to the Board at a later date. (Administration) 10. Kim Merrifield - request to approve agreement to retain attorney services between County of Butte and Kim Merrifield for services performed relating to Children's Services Division Appeals and Writs, and Public Guardian and Behavioral Health Capacity Hearings. The term of this agreement is October 1, 2012 to September 30, 2015 or until the completion of any matters, cases and/or claims that are submitted to the attorney during said term and until the same are finally resolved, whichever is later. Costs for attorney services are $100 per hour plus out of pocket court costs and other expenses incurred on behalf of the County. (County Counsel) 11. Resolution Amending the Butte County Conflict of Interest Code - The Political Reform Act (Gov. Code Sections 81000 et seq.) requires the County to review its Conflict of Interest Code biennially to determine if the Code is accurate, or, alternatively, if the Code needs to be amended. The County's Code was most recently amended by Resolution No. 12-002 on January 10, 2012. Since that amendment was enacted, positions have been created and deleted through amendments to the County's classification plan and salary ordinance. This office has reviewed the Conflict of Interest Code, in conjunction with all County department heads and staff in Human Resources and the Elections Department. It has been determined that changes were necessary and this resolution and its attachments reflect these changes. Each of the individuals holding the positions designated in the Code must file an annual Statement of Economic Interest (Form 700) as described in the resolution and attachments. These attachments include: Attachment A entitled Conflict of Interest Code County of Butte; Attachment B which is a revised list of Designated Employees; Attachment C which is a list of Committees and Commissions; Attachment D PAGE 3 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/25/2012 entitled Disclosure Categories for Designated Positions; and Attachment E entitled Place of Filing Statement of Economic Interests. (County Counsel) 12. LexisNexis -The District Attorney's Office has had a subscription plan with LexisNexis since 2003 for on- line legal resources. The current agreement term ends on October 31, 2012. The department wishes to extend the term of the contract to October 31, 2015. The not- to-exceed price will increase from $101,196 to $132,288, an increase of$31,092. (District Attorney) 13. Accept Unanticipated Revenue and Budget Adjustment - Chico Police Department received approval from the Department of Justice (DOJ) regarding their request to expend remaining funds from the 2009 JAG Recovery Grant. As a sub-grantee, the County of Butte received approval to spend the funds allocated to the Butte County District Attorney's Office in the amount of $18,300 for Electronic Data & Communications Upgrades. These funds must be expended and reimbursement requested from the City of Chico prior to the grant end date of February 28, 2013. Additionally, award documents for the 2012 JAG Award have allocated $9,481 for the Butte County District Attorney's Office for Electronic Data & Communications Upgrades. 14. Butte County Department of Behavioral Health - Approval is requested for Amendment One to the Memorandum of Understanding (MOU) with the Butte County Department of Behavioral Health to provide mental health and/or alcohol and drug treatment services for children, their parents and family members who are at risk of child abuse and in need of prevention or intervention services. All clients served will be referred by Children's Services and the Substance Abuse Assessment Referral Program. It is anticipated that this MOU will provide services to approximately 300 persons on an annual basis. The amendment is intended to expand intensive mental health services to the DESS youth at risk of placement or currently placed in group homes. The term of this MOU remains July 1, 2012 through June 30, 2013 with a maximum amount payable of $442,000, an increase of $42,000 for these additional services. (DESS) 15. Butte County In-Home Supportive Services (IHSS) Public Authority (PA) -Approval is requested for a MOU with IHSS PA for compliance of additional enrollment requirements for all IHSS providers. These requirements were implemented with the adoption of the California State Budget Act of 2009. Pursuant to State law, new provider applicants must provide fingerprints, submit to a criminal background check by the Department of Justice (DOJ), and participate in an enrollment orientation regarding rules and regulations. The term of the MOU will be July 1, 2012 through June 30, 2013, with a maximum payable amount not to exceed $45,000. (DESS) 16. Paradise Veterans Memorial Hall Committee - The Paradise Veterans Memorial Hall Committee on behalf of the Veterans Organizations using the Paradise Veterans Memorial Hall, submit nominations for appointment to serve on the Paradise Veterans Memorial Hall Committee for the term ending June 30, 2013. California Veterans Square Dance Association: Dave Curry, Delegate and Bob McMullen, Alternate. 17. Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance for the following departments: Behavioral Health and Human Resources.These changes will increase the total allocations in the County by two positions. PAGE 4 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/25/2012 Behavioral Health: The department is requesting to delete one (1) position of Mental Health Clinician III/11/1 and one (1) position of Financial Technician, Senior/Financial Technician and add one (1) position of Supervisor, Mental Health Clinician and one (1) position of Accounting Specialist/Account Clerk, Senior/Account Clerk. These changes will allow for a smaller span of supervision for the Chico Youth Clinic and will allow for greater flexibility of assignments in the department's Administrative Offices. In addition the department is requesting to add two (2) positions of Mental Health Clinician III/II/I. These positions will help support youth who are involved with the Department of Employment & Social Services (DESS) and are placed out of county. These positions are supported by revenue received from DESS and Federal Financial Participation (FFP). Additionally, the department is requesting to flexibly staff one (1) position of Accountant, Senior to Accountant, Senior/Accountant. There is no fiscal impact as it was initially placed in the budget at the Accountant, Senior level. These changes will increase the total allocations in the department by two (2) positions and have no fiscal impact on the County General Fund. (see related DESS item 3.14 on this agenda) Human Resources: The department requests to add the Paralegal, Senior (Class Code 7131) to Section 57e, "Management, Confidential and Supervisory (BCMEA) Unit Classifications" of the Salary Ordinance. The salary range for this classification will be set at Range 41.This classification is being added to provide a senior level opportunity within the Paralegal series and to bring the series in line with classifications within the County.(Human Resources) 18. Deferred Compensation Committee By-Laws - With the approval of Resolution 11-042, which clarified the structure and status of the Butte County Deferred Compensation Program and Committee, came the need for the development of By-Laws for the Deferred Compensation Program. The By-Laws have been in the process of being drafted since early this year. The process has been a collaborative effort with input from the entire committee, which includes the Auditor-Controller, Treasurer Tax-Collector, Human Resources Director and two Employee Members. In addition, Supervisor Kirk,Yamaguchi and both of the Deferred Compensation plan providers, ICMA-RC and Great-West, have been involved throughout the process and have reviewed the final By-Laws.The purpose of the Deferred Compensation Committee By- Laws is to serve as a guide for the process for Committee members and others. These By-Laws are intended to assist the Committee in meeting its fiduciary obligations by effectively constructing, supervising and evaluating the Deferred Compensation Program. 19. Deferred Compensation Committee Investment Policy Statement - With the approval of Resolution 11- 042, which clarified the structure and status of the Butte County Deferred Compensation Program and Committee, came the need for the development of an Investment Policy Statement for the Deferred Compensation Program. The Investment Policy Statement has been in the process of being drafted since early this year. The process has been a collaborative effort with input from the entire Committee, which includes the Auditor-Controller, Treasurer Tax-Collector, Human Resources Director and two Employee Members. In addition, Supervisor Kirk, Yamaguchi and both of the Deferred Compensation plan providers, ICMA-RC and Great-West have been involved throughout the process and have reviewed the final Investment Policy Statement. The purpose of the Investment Policy Statement is to record the PAGE 5 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/25/2012 investment objectives and policies for plans established under the Butte County Deferred Compensation Program. This Investment Policy Statement is an outline of the Committee's general investment policies and is intended to assist the Committee in meeting its fiduciary responsibilities by effectively constructing, supervising, and evaluating the investment program(s) established for the plan(s). (Human Resources) 20. ISD Corporation - The Probation Department requests approval for a contract with ISD Corporation to provide CASE Management Software consulting, technical, and programming services consisting of application software fixes and application software modifications of the department's data processing system. ISD maintains the "source code" to the department's CASE management system and is the only provider. Funding will be provided by department and SB 678 (Community Corrections Performance Incentive Act of 2009) funds. The term of the contract is August 1, 2012 through July 31, 2017, and the maximum amount payable over the full contract term is$324,035. (Probation) 21. Quincy Engineering, Inc. -The Butte County Department of Public Works is planning to replace the two existing bridges on the Midway that cross Butte Creek and the Butte Creek Overflow channels that were originally constructed in 1915 and 1918 respectively.The proposal is to design and construct a new single bridge approximately 1,600 feet long that will span the entire floodway between Butte Creek and the Butte Creek Overflow. Total construction cost of the project is estimated to be $13,000,000. Quincy Engineering Inc, of Sacramento, CA, was selected by an interview committee in January of 2011 to participate in the design phase of work following the solicitation of a formal Request for Qualifications (RFQ) process completed by the Public Works Department. Staff is recommending the Board authorize the Chair to execute an agreement with Quincy Engineering Inc., of Sacramento, CA, for the development of contract plans, specifications, and estimate (PS&E) required to construct the Midway Bridge across Butte Creek and Butte Creek Overflow at a cost not to exceed $1,677,999.12. This projects design phase is funded through the Federal Highway Bridge Program, which provides 88.53% funding. The remaining 11.47% of the project will be funded by local match funds provided through the State Transportation Improvement Program. (Public Works) 22. Treasurer's Investment Report -The Treasurer-Tax Collector submits the Monthly Investment Report for August 31, 2012, in accordance with the Butte County Statement of Investment Policy dated July 1, 2012. (Treasurer/Tax Collector) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE CORRECTION TO ITEM 3.08 AS READ INTO RECORD. (MOTION:YAMAGUCHI; SECOND: KIRK) VOTE: Motion APPROVED 5 -0 PAGE 6 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/25/2012 REGULAR AGENDA 1218-003 Boards, Commissions and Committees 1. Appointments to Listed Vacancies (NONE) SUPERVISOR CONNELLY REQUESTED A MEMBER OF THE PUBLIC APPLY FOR THE OROVILLE CEMETERY DISTRICT VACANCY. 2. Board Member or Committee Reports SUPERVISOR YAMAGUCHI REPORTED ON AN RCRC MEETING DURING WHICH AB 109 WAS DISCUSSED. 1218-004 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT. 1218-005 Public Hearing - User Fee Adjustments for Agriculture, Assessor, Library, Public Works, and Public Health -The Board of Supervisors established the Butte County Master Fee Schedule by Resolution on March 24, 2009. Department recommendations to adjust the fee schedule are presented herein as follows: 1) The Library Director recommends a change in inter-library loan request fees to reduce the number of free requests available each year; 2) The Public Works Director recommends the addition of a divisional hourly rate for Maintenance & Fleet Services; 3) The Assessor recommends a reduction in fees collected for map copies; 4) The Agriculture Commissioner recommends clarifying that the fee for direct marketing certificates includes livestock/poultry; 5) Staff from the Animal Control division of Public Health recommends the transfer of fees for Dangerous Animal permits from Butte County Code to the Master Fee Schedule. (Administration) KEVIN TAGGART, SENIOR MANAGEMENT ANALYST, PROVIDED A REPORT TO THE BOARD. MOTION: I MOVE TO ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT THE ORDINANCE AMENDING CHAPTER 4 OF BUTTE COUNTY CODE AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: CONNELLY; SECOND:WAHL) VOTE: Motion APPROVED 5 -0 PAGE 7 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/25/2012 1218-006 Timed Item - Final Report for the Community Development Block Grant (CDBG) Planning and Technical Assistance (PTA) Activity, Entrepreneurial, Knowledge-Based Enterprise Action Plan - On July 21, 2009 the Butte County Board of Supervisors approved submittal of an application for a CDBG PTA activity from the Economic Development Allocation to complete an Entrepreneurial, Knowledge-Based Enterprise Action Plan. The County was awarded funds for the Action Plan in 2010. On October 11, 2011, the Board of Supervisors approved an amendment to the Subrecipient Agreement with 3CORE, Inc. for completion of the Action Plan. 3CORE, Inc sub-contracted with Chabin Concepts to implement the activity. The Action Plan was completed in August 2012. The goal of the Action Plan was to develop a process for identifying, networking, recruiting and connecting high impact entrepreneurial knowledge-based enterprises to available Butte County business assistance resources and services including the existing Butte County Business Incubator Program. Entrepreneurial, knowledge-based enterprises may be defined as private or non-profit business entities that: Innovate on the basis of knowledge and know-how of its management and employees to create, design or manufacture a unique product or service; Specialize in what they do best and then develop long-term relationships with partners, suppliers, and subcontractors to do; Create, adapt, and use technology, basic as well as sophisticated, to constantly improve products and processes; and Develop and dominate specific regional, statewide, or national markets. (Administration) CASEY HATCHER, MANAGER OF PROGRAM DEVELOPMENT; VICKIE DOLL FROM CHABIN CONCEPTS; AND JENNIFER MACARTHY, ECONOMIC AND COMMUNITY DEVELOPMENT MANAGER PROVIDED REPORTS. THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN. 1218-007 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 of Supervisors is prohibited from taking action on any item not listed on the agenda. KRIS NIKOLAUSON ADDRESSED THE BOARD. 1218-008 ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS: 1. 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; AND 3. COUNTY OF BUTTE, COUNTY OF PLUMAS v. DEPARTMENT OF WATER RESOURCES,YOLO CO. SUP. CT CASE NO: CV09-1258; PAGE 8 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 9/25/2012 2. SIGNIFICANT EXPOSURE TO LITIGATION PURSUANTTO GOVERNMENT CODE SECTION 54956.9(b)(1) -ONE POTENTIAL CASE - MOTHER NATURE'S TEMPLE, et al., v. BUTTE COUNTY 3. 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. 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 OCTOBER 9, 2012. PAGE 9