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HomeMy WebLinkAboutM102715 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES — 10/27/2015 9:00 A.M.- CALL TO ORDER Called 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 Observation of a Moment of Silence. CORRECTIONS AND/OR CHANGES TO THE AGENDA Paul Hahn, Chief Administrative Officer, read the following information into record: 1) Item 3.01 (Introduction of Ordinance Amending Chapter 21, Entitled "Taxation"), the Assessor has requested that Section 1 in the Ordinance be amended as follows: "No escape assessments where the tax is $50 or less," instead of $20 or less. All references to $20 will be changed to $50. The Ordinance that will return to the Board for adoption at the next meeting will reflect the changes; 2) Item 3.22 (Oakdale Heights SRTS Notice of Completion)—This item will be removed from today's agenda as there is one additional change order required before work is complete; and 3) Item 3.24 (Award of Contract for Palermo Road Culvert Rehabilitation) — This item will be removed from the Consent Agenda for discussion on the Regular Agenda. PW staff will provide a report on the review of bids which were opened on Thursday, October 22 and make a recommendation for award. CONSENT AGENDA 3.01 Introduction of Ordinance Amending Chapter 21, Entitled "Taxation," of the Butte County Code - Regarding Escape Assessments -An escape assessment is a correction to a property's assessed value on the local property tax roll. The correction is typically made because the Assessor's Office discovered a property or a taxable event that should have been assessed but was not. The most common reasons for an escape assessment include: 1) overlooked or unreported new construction; 2) a missed change in ownership; or 3) removal of an exemption. The Revenue and Taxation Code allows a county Board of Supervisors to prohibit an Assessor from making an escape assessment of an appraisal unit where that assessment would result in an amount of taxes due which is less than the cost of assessing and collecting them, as long as the amount of taxes resulting from the escape assessment would not exceed $50. The Butte County Assessor recommends that the Board of Supervisors consider an ordinance prohibiting the Assessor from making an escape assessment of an appraisal unit where that assessment would result in taxes in the amount of $20 or less - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. (Assessor) 3.02 Agreement with Youth With a Mission (YWAM) -Springs of Living Water- High School Reach Conference - YWAM is a conference grounds at Richardson Springs, Chico. It provides accommodations and meals for conference participants. Approval is requested to enter into an agreement with YWAM - Springs of Living Water to provide accommodations and meals for high school students attending the High School Reach for the Future Conference. The term of the agreement will be March 10, 2016 through March 12, 2016. The maximum financial obligation under this agreement shall not exceed $34,821 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015 3.03 Agreement with Youth With a Mission - Springs of Living Water -Jr. High Reach Conference - YWAM - Springs of Living Water is a conference grounds at Richardson Springs, Chico. It provides accommodations and meals for conference participants. Approval is requested to enter into an agreement with YWAM- Springs of Living Water to provide accommodations and meals for Junior High School students attending the Junior High School Reach for the Future Conference. The term of the agreement will be March 3, 2016 through March 5, 2016. The maximum financial obligation under this agreement shall not exceed $34,822 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) 3.04 Elections Staffing Services Agreement - RUSH Personnel Services, Inc. - The County Clerk- Recorder/Registrar of Voters is requesting that the Board of Supervisors approve and authorize an agreement with RUSH Personnel Services to provide seasonal election worker staffing services for the Elections Division from October 27, 2015, or upon date executed by County, through June 30, 2017, in an amount not-to-exceed $250,000. Under this agreement, all seasonal election worker staff, such as process clerks, office assistants, administrative clerks, warehouse specialists, senior warehouse specialists, field inspectors, and election/precinct officer instructors, will be hired through an outside personnel service agency to perform voter registration, vote by mail, warehouse, precinct officer training, and all other election related job functions. The seasonal election workers are required to work on a seasonal, part-time basis only for limited durations of time based upon department needs. All temporary staff will be supervised by Elections Division staff. RUSH Personnel covers all payroll costs including wages, payroll taxes, insurance premiums, workers compensation and unemployment compensation. RUSH Personnel will assist applicants in filling out employment paperwork, and conduct background checks prior to applicants starting work - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR- CONTROLLER. (Clerk-Recorder/Registrar of Voters) 3.05 Amendment One to Agreement with BMI Imaging Systems, Inc. -The Clerk-Recorder has an agreement with BMI Imaging Systems, Inc. to convert historical documents to electronic images. The current contract will end on November 8, 2015. The Clerk-Recorder recommends extending the completion date until the end of the current fiscal year, June 30, 2016, to allow the department to continue the conversion of historical documents. All other terms and conditions remain the same -action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Clerk-Recorder) 3.06 Capital Asset Surplus - The County Clerk-Recorder Department requests the Board of Supervisors to declare surplus various capital assets that are not used, have been removed from inventory, and are no longer useful to the department in any capacity. Detailed information on the assets are included in the staff report. The total original purchase price of the surplus assets was $217,963, and was reimbursed through the California Secretary of State by the Federal Help America Vote Act (HAVA) of 2002-Section 301 Voting Systems Program and State Proposition 41 Voting Modernization Bond Act of 2002 (VMB) funding sources. All equipment and supplies purchased using these funds are under strict accounting and inventory control mandates. Detailed inventory records must be kept to track all activities through the life span, including when and to whom they are sold. Any proceeds from the sale of assets purchased with VMB funding will be returned to the State and held for County use in the future; PAGE 2 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015 proceeds from assets purchased with HAVA funds will be retained by the County in a way specified by the Secretary of State - action requested - 1) DECLARE THE LISTED CAPITAL ASSETS AS SURPLUS; 2) AUTHORIZE THE DISPOSAL OR SELLING IN ACCORDANCE WITH COUNTY POLICY; AND 3) DIRECT THE PROCEEDS FROM SALE TO BE HANDLED ACCORDING TO THE SECRETARY OF STATE REQUIREMENTS. (Clerk-Recorder) 3.07 Fiscal Year 2015 Homeland Security Grant Program - The Board of Supervisors authorized the Emergency Services Officer to apply for funding under the FY15 Homeland Security Grant Program (HSGP). The Governor's Office of Emergency Services has approved the grant application in the amount of $301,423. The grant funds need to be appropriated for the following purposes: card reader entry system for City of Gridley ($6,100); hand held radios for City of Oroville ($25,000); gate maintenance and security cameras for Town of Paradise ($23,200); bullet proof vests for various agencies ($157,300); night vision goggles ($55,000); countywide training ($10,000); countywide exercise ($10,441); community outreach ($5,000); grant management and administration ($9,382) -action requested - APPROVE BUDGET ADJUSTMENT. (4/5 vote required) (County Administration) 3.08 Appointments of Nominees in Lieu of Election -Various Special Districts - Pursuant to CA Elections Code section 10515, in districts where the number of persons who have filed a declaration of candidacy for director at large does not exceed the number of offices of director at large to be filled, the Board of Supervisors can appoint the nominees rather than requiring an election. The nominees appointed will take office at noon on Friday, December 4, 2015 and will serve as if elected. The following Districts have submitted requests for appointment in lieu of election: Biggs-West Gridley Water District - appoint Thomas Coleman, Dominic Nevis, and Michael Farr to 4-year terms; Butte Water District - appoint Ronald Giovanetti and Darin Panteleoni to 4-year terms; Drainage District No. 200 - appoint Brad Mattson to the remainder of a 4-year term; Lake Madrone Water District - appoint Dennis Nay and Timothy Beers to 4-year terms and Mike Sanford and Jess Vickery to 2-year terms; Reclamation District No. 833 - appoint William B. Fiedler to a 4-year term; Rock Creek Reclamation District - appoint James Strong to a 4-year term and Elvin Bentz to a 2-year term; Sacramento River Reclamation District - appoint George Roy Roney, Harold L. Dawson, Lynn O. Larsen, and James Strong to 4-year terms; and Western anal Water District - appoint Eric Larrabee, Bryce Lundberg, and Daniel Robinson to 4-year terms. After the appointments are made, the Clerk of the Board will issue the Certificate of Appointment and Oath of Office documents to each appointee - action requested - MAKE APPOINTMENTS AS REQUESTED. (County Administration) 3.09 Request from Drainage District 100 for Special Election - Pursuant to Elections Code 10004, Drainage District 100 submits a request for the Board of Supervisors to call a special election for January 25, 2016 for two District Board of Directors whose terms expire in 2015. The District failed to meet the statutory deadlines required to participate in the November 3, 2015 General election. The District, which is a landowner voting district, will conduct the special election in the same manner as regular district elections. Any costs of the special election will be covered by the District. The incumbent directors whose terms expire in 2015 shall remain in office until re-elected or a qualified successor replaces them - action requested - CALL A SPECIAL ELECTION FOR DRAINAGE DISTRICT 100 ON JANUARY 25, 2016. (County Administration) 3.10 Continuation of Local Drought Proclamation - On July 22, 2015, the Chief Administrative Officer declared a local emergency caused by drought, which was proclaimed by the Governor on January 17, PAGE 3 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015 2014. On July 28, 2015 the Board of Supervisors reaffirmed and ratified the proclamation of local emergency associated with drought. State law requires that the Board of Supervisors review the need for continuing the local emergency every 30 days. As the state continues through its fourth year of drought, Butte County is feeling the effects as the number of landowners with dry wells is increasing. At this point, the final duration of the emergency has not yet been determined - action requested - CONFIRM THE NEED FOR CONTINUING THE PROCLAMATION OF A LOCAL EMERGENCY; AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.11 Approval of Minutes - action requested - APPROVE OCTOBER 13, 2015 MINUTES. (County Administration) 3.12 CalPERS Reallocation Agreement - Butte County Fair Association - Butte County Fair Association ("Fair Association") employees have been reported as County employees to CalPERS for purposes of retirement benefits since the 1940s. According to CalPERS, the County and Fair Association must now separate Fair Association employees from the County's retirement contract with CalPERS to a separate contract, in order to accurately report Fair Association employees under the CalPERS retirement system. There will be minimal impact to the County related to the separation of CalPERS contracts, per the actuarial cost analysis provided by CalPERS, and changes will only impact the Miscellaneous Plan. The County's market value of assets will be reduced by approximately $597,000 and the County's unfunded liability will be reduced by approximately $170,000 (based upon asset and liability values at June 30, 2015. The County's minimum contribution rate will decrease from 13.471% to 13.457%. The plan's employee contribution rate will remain at 7%. The Fair Association Board of Directors has a number of actions it must take to implement its own contract. The only requirement for the County in this separation is to approve the Reallocation Agreement and to provide it to the Fair Association - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.13 Amendment One to the Agreement with Counseling Solutions - Approval is requested for an amendment to the agreement with Counseling Solutions to provide additional parent education services for parents in the child welfare system. Services shall include the provision of facilitating resource specialist meetings, parent support groups, nurturing parenting classes, coordinating services for the Parent Education Experiential Resource Program (PEER), and facilitating PEER groups and providing in-home visits. These services are provided to parents to help them successfully reunify with their children who are in out-of-home placements. This amendment provides for an expansion of services to include facilitation in addition to previously provided coordination services. The term of the agreement is July 1, 2015 through June 30, 2018 with a contract maximum not-to-exceed $1,125,520 as follows: fiscal year (FY) 2015-16: $346,880 (an increase of$84, 880); FY 2016-17: $389,320 (an increase of $127,320): FY 2017-18: $389,320 (an increase of $127,320) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Employment and Social Services) 3.14 Resolution Proclaiming November 2015 as In-Home Supportive Services Home Care Workers Month - The Director of the Department of Employment and Social Services requests that the Board of Supervisors adopt a resolution proclaiming November 2015 as In-Home Supportive Services Home Care Workers Month - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) PAGE 4 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015 3.15 Volunteer Fire Assistance Grant - Fiscal Year 2015/2016 - In FY 2015/2016 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 $39,912.60 which includes a $19,956.30 match. The Grant provides funds to replace worn out personal protective equipment 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 - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN;AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Fire) 3.16 Contract Amendment with Rod Johnston - On August 26, 2014, the Board of Supervisors awarded the Resident Inspector Contract for the Hall of Records Project to assist the County in completing technical on-site inspections to verify that all aspects of the new building complies with the plans, specifications, and generally accepted building practices. Unforeseen minor plan changes, along with delays caused by owner changes, contractor delays, and utility company delays have caused the time line for the project completion to be extended. Staff recommends extending the contract an additional 31 days and increasing the contract total $14,000,for a new total not-to-exceed cost of$124,000,to compensate for the additional required inspection services. This cost increase is within the budget allocated for the Capital Project, and no additional appropriation is necessary-action requested -APPROVE AGREEMENT AMENDMENT SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR CONTROLLER AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 3.17 Lease Origination and Budget Adjustment - La Dolce Piazza - The Butte County Department of Behavioral Health delivers the Administration Support Division (ASD), IT Services and Department Administration services from the Behavioral Health - Cohasset Road complex at 109 Parmac Road facility in Chico, under several leases due to terminate in December, 2016. The current location of approximately 19,970 square feet has a combined monthly rent payment of $22,244.79. The Department desires to relocate these administrative services to a new location, thus opening leased space for additional programs better suited to the current Behavioral Health - Cohasset Road complex. The new location at the corner of East Lassen Avenue and Cohasset Road in Chico has five separate suites and corresponding lease agreements. The leases total approximately 16,525 square feet with a rate of approximately $1.30/square feet, for a combined monthly rent payment of $21,555.30 after rounding, with escalation clauses typical of the current market conditions written into each lease. The leases all have a termination date of October 31, 2035 and the ability to terminate early due to lack of funding.The term will allow the Department to utilize State funding sources available only under twenty year lease terms. Funding for the new leases is included within the FY 2015-16 approved budget and requires no additional appropriations. To facilitate a smooth construction project, the County will manage the entire tenant improvement project and utilize a $100,000 landlord contribution. Staff recommends that the Board approve the new capital project and the budget adjustment of$465,100 to allow General Services to complete the necessary tenant improvement facility modifications. Following the bid process, the department will return to the Board to award the construction project - action requested - 1) APPROVE THE LEASES (5) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER; 2) APPROVE THE BUDGET ADJUSTMENT (4/5 vote required);AND 3)AUTHORIZE THE CAPITAL PROJECT. (General Services) 3.18 Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance for the following departments: Administration and Human Resources.These changes will leave the total allocations in the County unchanged. PAGE 5 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015 COUNTY ADMINISTRATION: The County Administration Department is requesting to flexibly staff two FTE (2.0)Administrative Analyst,Associate positions to Administrative Analyst,Associate/Administrative Analyst to address current operational needs. The total allocations in the department will remain unchanged, and there will be no budgetary impact to the General Fund. HUMAN RESOURCES: On September 29, 2015 the Board of Supervisors approved an employment contract for the Director, Development Services for the term of October 31, 2015 through November 2, 2018 with an annual salary of$170,873. Pursuant to Board Resolution 13-067, establishing that the top step of Assistant Department Heads salary ranges be set at the range that is closest to twenty percent (20%) below the actual salary of the respective Department Head, the salary range for the following classification should be adjusted to reflect this change in the Director of Development Services' employment contract: Assistant Director, Development Services. The current salary range is 80. The new salary range will be 81 effective October 31, 2015 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.19 Probation Specialized Supervision Program Grant - The Probation Department applied for and was awarded $300,000 in grant funds administered by the California Governor's Office of Emergency Services to fund the Probation Specialized Supervision Program. The purpose of the Probation Specialized Supervision Program is to enhance or create specialized units within probation departments to intensively supervise small caseloads of probationers of crimes involving domestic violence, sexual assault, dating violence, and stalking. The grant covers a three year period from October 1, 2013 through September 30, 2016 ($100,000 per year over three years). The funds will be used by Probation to cover a full time equivalent Probation Officer position and overtime costs. On March 25, 2014, the Butte County Board of Supervisors approved the grant award and authorized the Chief Probation Officer to administer the grant and sign all related documents. It has come to our attention that a signed resolution from the Butte County Board of Supervisors in support of this program was needed as part of the grant requirements. This agenda item is a technical correction to the grant application and creates a resolution for a grant already approved by the Board - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Probation) 3.20 Resolution in Appreciation of Karen Frederick upon her Retirement from Butte County - After twenty- nine years of service in the Public Health Department-Division of Environmental Health, Karen Frederick, Supervisor-Support Services, has announced her retirement as of October 29, 2015. The department wishes to recognize Karen and her years of service-action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Health) Karen Frederick accepted the resolution. Brad Banner, Environmental Health Director thanked Karen for her service to the County. 3.21 Oakdale Heights Safe Routes To School (SRTS) Contract Change Orders (CCO) - In June 2015, Franklin Construction, Inc. of Chico, CA was awarded the Oakdale Heights SRTS Project contract in the amount of $871,343. CCO number two modifies, either as an increase or a decrease, the engineers estimate at contract unit prices to reflect the actual quantities used during construction and settle miscellaneous extra work items at an agreed price. CCO number two is an overall increase to the contract of $47,147.32. CCO number three is a result of required design changes to the pedestrian ramps on PAGE 6 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015 Walmer Road and provides additional compensation to the contractor for implementing the required design changes. CCO number three is an overall increase to the contract of$28,025 - action requested - APPROVE CCO NUMBERS TWO AND THREE AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.22 Oakdale Heights SRTS Notice of Completion - In June 2015, Franklin Construction, Inc. of Chico was awarded the Oakdale Heights Safe Route To Schools (SRTS) Project contract in the amount of$871,343. The Oakdale Heights SRTS Project includes constructing curb, gutter, sidewalk, pedestrian ramps, drainage improvements, pavement overlay, pavement markings, reflective pavement markers, fencing, driver feedback signs, and rapid flashing beacons. All contract work is complete - action requested - APPROVE THE NOTICE OF COMPLETION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) This item was removed from today's agenda with no action taken. 3.23 Amendment to Blanket Purchase Agreement (BPA) for Right-of-Way Services with Bender Rosenthal Incorporated (BRI) - On April 9, 2013, the Board of Supervisors approved a BPA with BRI to provide right-of-way acquisition services for the Lincoln Boulevard, Pedestrian Safety project. The project is near the end of the right of way acquisition phase, however, due to a number of issues, difficulty finding property owners, eminent domain issues, difficult negotiations and the number of parcels needing to be acquired,the BPA should be amended to provide an additional $10,000 to finalize the work.The original BPA was for $304,400 and the additional $10,000 will increase the not-to-exceed amount of the BPA to $314,400 -action requested -AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN THE AMENDMENT SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Works) 3.24 Award of Contract: Palermo Road Culvert Rehabilitation Proiect— This item was removed from the consent agenda for discussion on the regular agenda. Please refer to pages 9 and 10 of this document.This item was not approved as part of the consent agenda. 3.25 Bay Delta Conservation Plan (BDCP)/WaterFix- For the past eight years, state and federal agencies have been pursuing the development of the BDCP. On April 30, 2015, state and federal officials announced that the BDCP process would be replaced by the "California WaterFix" and "California EcoRestore" projects. The California EcoRestore project will seek to restore more than 30,000 acres of fish and wildlife habitat over the next three to four years. The California WaterFix project is focused on water conveyance actions that include the construction of two water conveyance tunnels. In July 2015, state and federal agencies recirculated their draft EIR/Supplemental EIS (EIR/EIS) on the WaterFix project for comment. The comment period on the recirculated EIR/EIS documents ends on October 30, 2015. The proposed BDCP and the EIR/EIS documents released in December 2013 failed to address the concerns previously raised by Butte County. The recirculated BDCP/WaterFix EIR/EIS remain essentially unchanged. Additionally, the Department of Water Resources applied for a California WaterFix contraction permit with the U.S. Army Corps of Engineers. The permit would authorize the construction of the conveyance tunnels. The comment period on WaterFix construction permit ends on November 8, 2015. On October 7, 2015, the Butte County Water Commission voted to recommend that the Board of Supervisors send a letter voicing concerns and objections to the BDCP/WaterFix. Another step could be taken by sending a letter to the U.S. Army Corps requesting that they reject the construction permit based on the concerns raised by the BDCP/WaterFix letter - action requested - APPROVE LETTERS (2) AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation) PAGE 7 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015 3.26 Reappointments to the Durham Mosquito Abatement District (DMAD) - DMAD has submitted a request for the following reappointments: Sandra Atteberry and William Dempsey to terms to end December 31, 2017; and John Azevedo, Dave Jessen, and Lance Smith to terms to end December 31, 2019 -action requested - MAKE APPOINTMENTS. (Other departments or agencies) 3.27 Butte County Law Library Annual Report for FY 2014-15 -The trustees of the Butte County Law Library submit their annual report - action requested - ACCEPT FOR INFORMATION. (Other departments or agencies) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE CHANGES TO ITEM 3.01 AS READ INTO RECORD; WITH ITEM 3.22 REMOVED FROM THE AGENDA; AND WITH ITEM 3.24 MOVED TO THE REGULAR AGENDA. (Motion: Kirk; Second: Lambert) VOTE: Motion APPROVED 5 -0 REGULAR AGENDA 4.01 Boards, Commissions and Committees A. Appointments to Listed Vacancies (NONE) B. Selection of California State Association of Counties (CSAC) Board of Directors Members - Under provisions of the CSAC Constitution, members of the Board of Directors and alternates are elected by their respective Boards of Supervisors to one-year terms of office commencing with the first day of the CSAC annual conference. The 2015 conference, which will be held in Monterey County, starts December 1, 2015. Any member of the Board of Supervisors is eligible to serve as Director. The new Board of Directors will meet at the annual conference, first by caucus (urban, suburban and rural) to nominate CSAC officers and Executive Committee members, and again as a full Board to elect the 2016 Executive Committee and to conduct other business. Under the CSAC Constitution, Executive Committee members are elected from the membership of the Board of Directors - action requested - APPOINT BOARD OF SUPERVISORS REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO ONE YEAR TERMS BEGINNING DECEMBER 1, 2015. MOTION: I MOVE TO APPOINT SUPERVISOR CONNELLY AS BOARD OF SUPERVISORS REPRESENTATIVE AND SUPERVISOR WAHL AS ALTERNATE REPRESENTATIVE TO ONE YEAR TERMS BEGINNING DECEMBER 1, 2015. (Motion: Lambert; Second: Kirk) VOTE: Motion APPROVED 5 -0 C. 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 Connelly thanked Public Works staff and Franklin Construction for the Oakdale Heights Safe Route To Schools (SRTS) Project near Las Plumas High School. PAGE 8 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015 Supervisor Teeter reported his attendance at a Plumas National Forest meeting regarding over-snow vehicle usage on Forest Service roads. He requested consensus from the Board for staff to prepare a letter to the Forest Service requesting information on the reasons for the road closures in certain areas and requesting explanations as to why this is necessary and how the decision was made. Staff will prepare a letter for Board consideration on November 10, 2015. 4.02 Update of Current Budget/Legislative Issues by the Chief Administrative Officer-action requested - PROVIDE DIRECTION TO STAFF. Paul Hahn, Chief Administrative Officer, reported on the County Administrative Officers Association of California conference he attended in Monterey County. He informed the Board that all California counties are struggling with challenges related to marijuana regulations, health care costs for employees, and the IHSS program. A. Update on Enforcement of Medical Marijuana Cultivation Restrictions Chris Jellison, Code Enforcement Supervisor, provided a report on the County's enforcement efforts related to marijuana cultivation. Bruce Alpert, County Counsel, informed the Board that Counsel's office is currently working on amendments to Butte County's marijuana cultivation ordinance. The amendments will be related to the abatement process, due process, fine and penalties only and are expected to come forward at the beginning of 2016. 4.03 Items Removed from the Consent Agenda for Board Consideration and Action. 3.24 Award of Contract: Palermo Road Culvert Rehabilitation Project - Project No. 2015-02 - During the Winter of 2014 Palermo Road, just west of its intersection with Lone Tree Road, experienced a partial collapse of the road shoulder due to what was determined to be the deterioration of two 48 inch corrugated metal pipes (CMP). Public Works crews made temporary repairs at the time to shore up the shoulder with large rock so that further collapse of the road would not occur. Upon further investigation it was determined that the entire length of both pipes is in need of replacement. The method determined to be the most expeditious for this site was to rehabilitate the two pipes by slipping two 36" High Density Polyethylene (HDPE) pipes into the existing CMP structures which will limit the amount of in-channel work and road closures. Minor extensions of the culvert on the south side of the road will occur. The roadway section will be partially excavated to repair the compromised road structure. In order to install the HDPE pipe, approximately 32.3 cubic yards of accumulated sediment will also need to be removed from the downstream side of the water course. The engineer's estimate is approximately $100,000 for construction. The project was advertised beginning October 8, 2015 and bids will be opened on October 22, 2015. Public Works staff will review the bids and determine the lowest responsible and responsive bidder and prepare a staff memo with the results to be presented to the Board at the October 27, 2015 Board of Supervisors meeting with a recommendation for award of a contact-action requested - 1)AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE AND RESPONSIVE PAGE 9 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015 BIDDER AS RECOMMENDED AND PRESENTED; AND 2) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE CONTRACT SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Works) Tom Fossum, Deputy Director of Public Works, provided a report. MOTION: I MOVE TO AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER AS RECOMMENDED AND PRESENTED; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE CONTRACT SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Motion: Connelly; Second: Kirk) VOTE: Motion APPROVED 5 -0 4.04 2016 Board of Supervisors Regular Meeting Calendar-Submitted for consideration is the 2016 Board of Supervisors regular meeting calendar. Pursuant to Butte County Code section 2-13, regular Board meetings are held on the second and fourth Tuesday of each month. The Code does allow the Board to alter that schedule by a majority vote. The proposed 2016 calendar has only one meeting in the months of July and December 2016 in order to accommodate vacation and holiday schedules. If additional meetings are required for any reason, the Board's calendar can be amended by a majority vote, or a special meeting can be ordered - action requested - APPROVE THE 2016 BOARD MEETING CALENDAR. (County Administration) MOTION: I MOVE TO APPROVE THE 2016 BOARD MEETING CALENDAR. (Motion:Wahl; Second: Kirk) VOTE: Motion APPROVED 5 -0 4.05 Housing Support Program Funding - In September 2015, the Department of Employment and Social Services (DESS) submitted a proposal to the State of California requesting funds from the Housing Support Program (HSP) to assist homeless CalWORKs families in securing safe and stable housing. Families will receive assistance for rental subsidies, temporary shelter costs, moving related expenses, utility deposits and payments. On October 2, 2015, the State of California notified DESS that the proposal for special HSP funding was accepted. The allocation for FY 2015-16 is $575,550. The Board is requested to accept the HSP allocation - action requested - 1) ACCEPT ALLOCATION OF HOUSING SUPPORT PROGRAM FUNDING; AND 2) APPROVE BUDGET ADJUSTMENT. (4/5 vote required) (Employment and Social Services) Cathi Grams, Director of Employment and Social Services, provided a report. MOTION: I MOVE TO ACCEPT ALLOCATION OF HOUSING SUPPORT PROGRAM FUNDING; AND APPROVE BUDGET ADJUSTMENT. (4/5 VOTE REQUIRED) (Motion: Connelly; Second: Lambert) VOTE: Motion APPROVED 5 -0 PUBLIC HEARINGS AND TIMED ITEMS PAGE 10 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015 5.01 9:30 a.m. - Public Hearing - Consideration of a Resolution of Formation for the Butte County Tourism Business Improvement District - Butte County coordinated with each of the local jurisdictions and local tourism stakeholders to complete the Butte County Tourism Strategy and Implementation Plan in October 2013. One initiative in the Strategy calls for establishing a reliable funding source for regional tourism, such as a Tourism Business Improvement District (TBID). A TBID is funded by a special benefit assessment; non-tax funds are raised through a small assessment on lodging stays and then used to provide services, in this case tourism promotion, directly benefiting the businesses paying the assessment. Short-term lodging businesses in Butte County that will pay 58% of the assessment under the Butte County TBID (BCTBID) submitted petitions in July 2015 requesting the Butte County Board of Supervisors initiate proceedings to form the BCTBID in accordance with the Property and Business Improvement District Law of 1994. On August 11, 2015, the Board of Supervisors adopted Resolution 15-107 to begin proceedings to establish the BCTBID and set a public hearing for September 29, 2015 to hear testimony and consider a Resolution of Formation for the BCTBID. The public hearing was subsequently continued to October 27, 2015. The Resolution also requested each local jurisdiction consider a Resolution of Consent for the BCTBID. The City of Biggs, City of Chico, City of Oroville, and Town of Paradise each adopted a Resolution of Consent for the BCTBID.The City of Gridley considered a Resolution of Consent on October 19, 2015 and the City Council did not adopt the Resolution. The Resolution of Formation for the BCTBID establishes the district and sets assessments to begin on November 2, 2015 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) Casey Hatcher, Management Analyst, introduced this item. MOTION: I MOVE TO CONTINUE THIS ITEM TO THE NOVEMBER 10, 2015 BOARD OF SUPERVISORS MEETING AT 10:15 A.M. (Motion: Lambert; Second: Kirk) VOTE: Motion APPROVED 5 -0 5.02 9:40 a.m. - Public Hearing - Introduction of Ordinance and Presentation on Property Assessed Clean Energy (PACE) Programs - Since 2013, the Board of Supervisors has authorized the operation of PACE programs allowing nonresidential and residential property owners in the unincorporated areas of Butte County to obtain financing for the acquisition and installation of energy efficiency, water conservation, and renewable energy improvements to or on their real property and repay the loan through an assessment on their property tax bill. The County does not provide the financing or administer the programs and has no liability. The County only assists in the collection of the debt payments by including them on the property owner's property tax bill. To provide more choices and increase competition, staff recommends the Board of Supervisors consider participation in three additional programs and dissolve one existing program that has had no applications. (County Administration) A. 5.02-A- Resolution Expanding Figtree PACE Program - In 2013,the Board authorized participation in the Figtree PACE program for nonresidential property owners. To provide more choices and increase competition, staff is recommending the Board authorize expanding the County's participation in the Figtree PACE program to include residential properties. PACE programs are operated by third party administrators. The County does not provide the financing or administer the programs and has no PAGE 11 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015 liability-action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. B. 5.02-13 - Resolution Regarding California Home Energy Renovation Opportunity (HERO) PACE Program and Agreement Amendment - To provide more choices and increase competition, staff is recommending the Board authorize participation in the HERO residential PACE program. To allow participation in the HERO program, the Board is asked to authorize membership in the Western Riverside Council of Governments joint powers authority as an associate member. PACE programs are operated by third party administrators. The County does not provide the financing or administer the programs and has no liability - action requested - ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN. (County Administration) C. 5.02-C- Resolutions Regarding Ygrene Works for California PACE Programs-To provide more choices and increase competition, staff is recommending the Board authorize participation in the Ygrene Works for California PACE programs for residential and nonresidential properties. PACE programs are operated by third party administrators. The County does not provide the financing or administer the programs and has no liability-action requested -ADOPT RESOLUTIONS(3)AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) D. 5.02-D - Introduction of Ordinance Dissolving Community Facilities District No. 2013-1 and Termination Agreement - In 2013, the Board authorized 1) the formation of the County of Butte Community Facilities District No. 2013-1; and 2) an Agreement with Ygrene Energy Fund California, LLC (Ygrene Energy) to administer and fund a PACE program for nonresidential property owners in the unincorporated areas of Butte County. The PACE program allowed property owners to apply for financing for the acquisition and installation of energy efficiency, water conservation, and renewable energy improvements to or on their real property and repay the loan through an assessment on their property tax bill. Ygrene Energy never approved a financing application and is no longer accepting applications pursuant to the Agreement with the County. Staff recommends the Board approve the termination of the agreement with Ygrene Energy and introduce the ordinance dissolving the County of Butte Community Facilities District No. 2013-1 formed to allow Ygrene Energy to operate the PACE program - action requested - WAIVE THE FIRST READING OF THE ORDINANCE AND APPROVE TERMINATION AGREEMENT AND AUTHORIZE CHAIR TO SIGN. (County Administration) MOTION: I MOVE TO APPROVE ALL OF THE REQUESTED ACTIONS FOR ITEMS 5.02-A; 5.02-13; 5.02-C; AND 5.02-D. (Motion: Connelly; Second: Kirk) VOTE: Motion APPROVED 5—0 5.03 9:50 a.m. - Public Hearing - Update Master Fee Schedule - Clerk-Recorder and Public Works Department - The Board of Supervisors established the Butte County Master Fee Schedule by resolution on March 24, 2009. Two departments are recommending adjustments to the Master Fee Schedule. The Clerk-Recorder is recommending the establishment of fees related to wedding services including: performing wedding ceremonies, wedding room rentals, offering photos and wedding certificates with a holder, and the purchase of wedding rings. The Clerk-Recorder also seeks to include a new fee for the purchase of passport photos. The Public Works Department seeks to adjust certain Neal Road and Recycling Facility gate fees as authorized by the Board of Supervisors in November of PAGE 12 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015 2012. At that time, the Board of Supervisors approved a gate fee increase to be implemented over a three-year period. The third and final gate fee update was postponed earlier this year in order to decrease confusion surrounding the franchise services for waste and recycling services that were implemented in March of 2015. Each department has included a memo explaining their recommended adjustments in detail. County Administration reviewed the fee calculations for generally accepted accounting practices - action requested - ADOPT RESOLUTIONS (2) AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) Meegan Jessee, Deputy Administrative Officer, introduced this item. Candace Grubbs, Clerk- Recorder/Registrar of Voters, provided a report on the fees related to the Recorder's office. Mike Crump, Director of Public Works, addressed the Board on the gate fees at the Neal Road Waste and Recycling Facility. MOTION: I MOVE TO ADOPT RESOLUTIONS (2) AND AUTHORIZE THE CHAIR TO SIGN. (Motion: Kirk; Second: Lambert) VOTE: Motion carried 4- 1 YEA: Supervisor Wahl, Supervisor Kirk, Supervisor Lambert, Supervisor Teeter NAY: Supervisor Connelly 5.04 10:15 a.m. - Timed Item - Library Service Analysis and Recommendations - During July and August 2015, the Library Department undertook a service analysis to examine effectiveness and efficiency of the Butte County Library system. The results of the analysis show that use of the Library is very high and that service hours, staff duties and use of automation could be adjusted to better serve Butte County residents and create greater efficiencies. Subsequent to the initiation of this project, the Library was the beneficiary of a $330,000 donation. This generous donation was a bequest from the estate of Martha Dunbar and provides the opportunity to make some strategic one-time investments in the Butte County Library to improve efficiencies and service to the public on an ongoing basis. Staff will present several recommendations that will increase library services by strategically investing in technology to create efficiencies and maximize public service within limited resources - action requested - ACCEPT THE SERVICE ANALYSIS AS INFORMATION AND PROVIDE DIRECTION TO STAFF ON THE IMPLEMENTATION OF RECOMMENDATIONS. (Library) Paul Hahn, Chief Administrative Officer, introduced this item. Mel Lightbody, Director of Library and Sarah Vantrease,Assistant Director of Libraries, provided a report. The following individuals addressed the Board: Ron Davis. Grant Hunsicker, Director of General Services, answered questions from the Board regarding the purchase and implementation of the radio frequency identification (RFID) systems. MOTION: I MOVE TO DIRECT STAFF TO IMPLEMENT EACH OF THE 5 RECOMMENDATIONS. (in the staff report). (Motion:Wahl; Second: Kirk) VOTE: Motion failed 3 -2 (4/5 vote required) YEA: Supervisor Wahl, Supervisor Kirk, Supervisor Teeter NAY: Supervisor Connelly, Supervisor Lambert PAGE 13 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015 MOTION: I MOVE TO DIRECT STAFF TO IMPLEMENT RECOMMENDATIONS # 1 through 4. (in the staff report). (Motion:Wahl; Second: Kirk) VOTE: Motion APPROVED 5 -0 MOTION: I MOVE TO DIRECT STAFF TO IMPLEMENT RECOMMENDATION #5 (in the staff report) AND REQUEST A REPORT BACK IN 18 MONTHS. (Motion:Wahl; Second: Kirk) VOTE: Motion failed 3 -2 (4/5 vote required) YEA: Supervisor Wahl, Supervisor Kirk, Supervisor Teeter NAY: Supervisor Connelly, Supervisor Lambert BOARD OF SUPERVISORS PUBLIC COMMENT(each speaker limited to five minutes) The following individuals addressed the Board: John Campbell; Steve Allen; and Gerald Vance. Recess Recess as the Butte County Board of Supervisors and convene as the Thompson Flat Cemetery District Board of Trustees. PAGE 14 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015 THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES MINUTES OCTOBER 27, 2015 The Board of Supervisors became the Thompson Flat Cemetery District Board of Trustees on August 10, 1999. Pursuant to Health and Safety Code Section 9029,the Trustees are required to meet at least once every three months.This meeting satisfies compliance with that code. No action is required. 1. CALL To ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Members present: Supervisors Connelly,Wahl, Kirk, Lambert and Teeter. 2. CONSENT AGENDA(No Items) 3. REGULAR AGENDA(No Items) 4. THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES CLOSED SESSION(No Items) S. PUBLIC COMMENT(NONE) Adjournment Adjourned as the Thompson Flat Cemetery District Board of Trustees and convened as the In-Home Supportive Services Public Authority Board. PAGE 15 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD MINUTES OCTOBER 27, 2015 1. CALLEDTOORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Members present: Supervisors Connelly,Wahl, Kirk, Lambert and Teeter 2. CONSENT AGENDA 2.01 New Minimum Wage: In-Home Supportive Services Public Authority Rate Change Request - Assembly Bill 10 amended Section 1182.12 of the California Labor Code by increasing the minimum wage for all industries to$10.00 per hour, effective January 1, 2016. Counties with an In-Home Supportive Services (IHSS) provider wage less than $10.00 per hour (as of December 31, 2015) are required to submit an IHSS Public Authority rate change request to the California Department of Social Services (CDSS). Butte County's IHSS provider wages are currently$9.00 per hour. The Department of Employment and Social Services (DESS) requests the IHSS Public Authority Board's approval to submit the required IHSS Public Authority rate change request to the CDSS to allow for implementation of the new $10.00 per hour minimum wage standard, effective January 1, 2016. This cost will be fully covered by State and Federal revenues under the IHSS Maintenance of Effort agreement - action requested - AUTHORIZE THE DIRECTOR OF DESS TO SUBMIT THE REQUIRED IHSS PUBLIC AUTHORITY RATE CHANGE REQUEST TO THE CDSS TO ALLOW FOR IMPLEMENTATION OF THE NEW $10.00 PER HOUR MINIMUM STANDARD, EFFECTIVE JANUARY 1, 2016. (Employment and Social Services) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. (Motion: Connelly; Second:Teeter) VOTE: Motion APPROVED 5 -0 3. REGULAR AGENDA(No Items) 4. IHSS PA BOARD CLOSED SESSION(No Items) S. IHSS PA BOARD 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 action on any item not listed on the agenda. Adjournment Adjourned as the In-Home Supportive Services Public Authority Board and reconvened as the Butte County Board of Supervisors. PAGE 16 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015 CLOSED SESSION-Adjourned to Closed Session on the following items: 7.01 PUBLIC EMPLOYEE EMPLOYMENT,APPOINTMENT, RECRUITMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANTTO 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 7.02 CONFERENCE WITH LABOR NEGOTIATOR PURSUANTTO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: JACK HUGHES AND 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; SKILLED TRADES UNIT 7.03 ACTUAL LITIGATION PURSUANTTO GOV. CODE SEC. 54956.9(d)(1) -TWO CASES A.JACQUELINE DEVLIN V. BUTTE COUNTY AND MICHAEL SANDERSON; BUTTE COUNTY SUPERIOR COURT CASE NO. 163271; AND B. MICHAEL SEARS V. COUNTY OF BUTTE; BUTTE COUNTY SHERIFF'S OFFICE;ANDY DUCH;JOHN KUHN;AND DOES 1 THROUGH 100; USDC-EASTERN DISTRICT COURT, CASE NO. 15-CV-00589- MCE-CMK. There were no announcements out of Closed Session. PAGE 17 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - 10/27/2015 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 NOVEMBER 10, 2015. DOUG TEETER, CHAIR BUTTE COUNTY BOARD OF SUPERVISORS ATTEST: Paul Hahn, Chief Administrative Officer and Clerk of the Board PAGE 18