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HomeMy WebLinkAboutM110414 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/4/2014 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. (NONE) CONSENT AGENDA 3.01 Fiscal Year (FY) 2014-15 Exotic Pest Detection Trapping Contract - The 2014-15 Exotic Pest Detection Trapping is a long-standing contract.This revenue contract, in the amount of$68,858 is for placing and servicing traps for the detection of exotic pests which are considered hazardous to agriculture and to the economy of California. Those insects may include, but are not limited to, Mediterranean Fruit Fly, Oriental Fruit Fly, Melon Fly, Gypsy Moth, Japanese Beetle, and other invasive exotic pests. This agreement includes delimitation work associated with the detection of one or more life stages of the targeted pests in the County - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Agriculture) 3.02 Agreement with Aegis Treatment Centers, LLC - Amendment A - Aegis Treatment Centers, LLC, operates one of the largest networks of narcotic treatment programs, also known as opiate treatment programs, in the nation. Its goal is to support the successful recovery of patients and improve the quality of lives through the provision of evidence-based comprehensive treatment. Approval is requested to amend the agreement with Aegis Treatment Centers, LLC to increase the contract maximum due to an increase of services, which is a result of the Affordable Care Act. The amount of available slots has also been increased, allowing the center to provide services to more clients. The term of this agreement will remain July 1, 2014 through June 30, 2015. The maximum financial obligation under this agreement shall not exceed $2,433,580.89 (this is an increase of$1,077,848.62) - action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) 3.03 Agreement with Kevin Dugan, Ph.D. - Kevin Dugan Ph.D. is a licensed psychologist who will conduct competency evaluations for the department. Dr. Dugan will perform these evaluations on Butte County Department of Behavioral Health (BCDBH) consumers charged with misdemeanor offenses who are initially found Incompetent to Stand Trial (IST). In order to fill the need for this service, BCDBH sent a letter of interest to potential providers in the surrounding area, resulting in the choice of Dr. Dugan as a provider. Approval is requested for an agreement with Dr. Dugan for the provision of IST evaluation services. The term of this agreement will begin upon the date of execution and will terminate June 30, 2015. The maximum financial obligation under this agreement shall not exceed $49,950 -action requested -APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) PAGE 1 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/4/2014 3.04 Agreement with Paul Wuehler, Ph.D. - Paul Wuehler, Ph.D. is a licensed psychologist who will conduct competency evaluations for the department. Dr. Wuehler will perform these evaluations on Butte County Department of Behavioral Health (BCDBH) consumers charged with misdemeanor offenses who are initially found Incompetent to Stand Trial (IST). In order to fill the need for this service, BCDBH sent a letter of interest to potential providers in the surrounding area, resulting in the choice of Dr. Wuehler as a provider. Approval is requested for an agreement with Dr. Wuehler for the provision of IST evaluation services. The term of this agreement will begin upon the date of execution and will terminate June 30, 2015. The maximum financial obligation under this agreement shall not exceed $49,950 -action requested -APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) 3.05 Resolution Adopting County Budget Policy - On March 9, 2004, the Board of Supervisors adopted a resolution approving changes to the Budget Appropriation Transfer Policy that provided additional ability for County department heads to manage their budgets. Since that time, certain County practices have changed and the state's County Budget Act has been updated. Administration, working with the department head Finance Work Team, has developed a new County Budget Policy to account for these changes, clarify certain responsibilities, and provide additional ability for department heads to efficiently manage their budgets. Specifically, the policy maintains the current requirement for Board of Supervisors approval to increase appropriations within a budget unit, but continues to allow department heads, with approval of the Chief Administrative Officer, to move appropriations between objects of expenditure such as "salaries and employee benefits" and "services and supplies."The policy adds flexibility related to the acquisition of capital assets by allowing, in cases where the final cost of the asset exceeds the authorized amount by 10% or less, to transfer funds from elsewhere in the budget unit to complete the purchase. Additionally, the policy clarifies that transfers or revisions of appropriations to internal service funds (general liability, utilities, etc.) and enterprise funds (Neal Road Recycling and Waste Facility) do not require Board of Supervisors approval by statue, policy or governmental accounting guidelines. The budgets for these business-like services are operating plans, not legal restrictions on spending -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office) 3.06 Approval of Minutes - action requested - APPROVE OCTOBER 21, 2014 BOARD OF SUPERVISORS MINUTES. (Chief Administrative Office) 3.07 Accept Local Agency Conflict of Interest Code Biennial Notice for Agency that Files Form 700s with Clerk of the Board - The following district has reviewed its Conflict of Interest Code pursuant to California Government Code section 87306.5 and has determined that its agency's code is current and in no need of revision. County Counsel has reviewed the 2014 Local Agency Biennial Notice and believes it to be proper: Chico Urban Area Joint Powers Financing Authority - action requested - ACCEPT 2014 LOCAL AGENCY CONFLICT OF INTEREST CODE BIENNIAL NOTICE, DOCUMENTED BY A MINUTE ORDER. (County Counsel) 3.08 Accept Local Agency Conflict of Interest Code Biennial Notices for Agencies that File Form 700s with Elections -The following districts have reviewed their Conflict of Interest Codes pursuant to California Government Code section 87306.5 and have determined that their agency's code is current and in no PAGE 2 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/4/2014 need of revision. County Counsel has reviewed the 2014 Local Agency Biennial Notices and believes them to be proper: Butte County Air Quality Management District; Durham Irrigation District; and Reclamation District No. 833 - action requested -ACCEPT 2014 LOCAL AGENCY CONFLICT OF INTEREST CODE BIENNIAL NOTICES, DOCUMENTED BY A MINUTE ORDER. (County Counsel) 3.09 Resolution Proclaiming November 2014 as Adoption Month - The Director of the Department of Employment and Social Services requests that the Board of Supervisors adopt a resolution proclaiming November 2014 as Adoption Month in Butte County - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) CATHI GRAMS, DIRECTOR OF EMPLOYMENT AND SOCIAL SERVICES,ACCEPTED THE RESOLUTION. 3.10 Amendment to Agreement with Youth for Change for SB163 Wraparound Services - Approval is requested for an amendment to the agreement with Youth for Change for the provision of SB163 Wraparound Services that provides comprehensive, collaborative treatment and support services to Butte County youth and their families. This agreement is being amended to extend the term, to increase rates due to the California Necessities Index for fiscal year (FY) 2014-15 (All County Letter 14- 44), and to increase the participation slots for children who are eligible for the Adoption Assistance Program. The term of the agreement is extended through June 30, 2015. The amendment increases the maximum amount of the agreement to $2,718,000 (FY 2011-12: $540,000, FY 2012-13: $540,000, FY 2013-14: $774,000, and FY 2014-15: $864,000 an increase of $468,000) - action requested - APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Employment and Social Services) SUPERVISOR TEETER RECUSED HIMSELF FROM THE VOTE ON THIS ITEM AS HIS WIFE WORKS FOR YOUTH FOR CHANGE 3.11 Lease Origination: 2064 Talbert Drive, Suite 304 in Chico with R. Judd Hanna for Occupancy by Child Support Services - In an effort to improve the delivery of services, the Butte County Department of Child Support Services requires office space proximate to the new North County Court slated to be open late this winter. The new leased facility located at 2064 Talbert Drive in Chico will provide a satellite location for Child Support Services staff to prepare for court proceedings, and it will eliminate the daily commute between Oroville and Chico offices. The term of the agreement is November 15, 2014 through October 31, 2019. The rate for this space will remain fixed at$1.189376 per square foot for the 433 square foot facility, with a total monthly lease payment of $515 for the term of the agreement. The agreement includes the option to extend up to an additional thirty-six month period. Funding for the lease is included within the FY 2014-15 budget and requires no additional appropriation - action requested -APPROVE THE LEASE AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 3.12 Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance. These changes will decrease the total allocations in the County by one (1) FTE. The following are the sections of the Salary Ordinance to be amended: PAGE 3 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/4/2014 Public Health: The Public Health Department is requesting to delete one (1) vacant position of Supervisor, Information Systems Analyst. This position was included in the department's budget to be eliminated once it became vacant. This change will decrease the number of allocations in the department by one (1) position and will have no fiscal impact on the County General Fund or Public Health Realignment Fund. In addition, the department is requesting to flexibly staff the following positions to better meet the current and future needs of the department. These changes will provide consistency within the clerical positions in the department and give the department the ability to fill positions based on program needs. These changes will have no fiscal impact on the County General Fund and leave the total allocations in the department unchanged. The department requests to delete four (4) positions of Administrative Assistant and add four (4) positions of Administrative Assistant, Senior/Administrative Assistant; delete one (1) Administrative Assistant, Senior position and add one (1) Administrative Assistant, Senior/Administrative Assistant; delete two (2) Administrative Assistant/Office Specialist, Senior/Office Specialist/Office Assistant positions and add two (2) Administrative Assistant/Office Specialist, Senior/Office Specialist; and delete four (4) Office Specialist, Senior/Office Specialist/Office Assistant positions and add four (4) Administrative Assistant/Office Specialist, Senior/Office Specialist. Administration:The Administration Department is requesting to delete one (1) vacant position of Chief Financial Officer and add one (1) position of Deputy Administrative Officer. This change in allocation reflects the current nature of the job duties needed in the department. This change will leave the total allocations in the department unchanged and result in savings in the department. General Services: The General Services Department is requesting to delete one (1) vacant position of Graphics Communication Operator and add one (1) flexibly staffed position of Administrative Analyst, Senior/Administrative Analyst/Administrative Analyst, Associate. This change will better support the increasingly complex mix of services and projects that are handled by the department. Any increase in costs associated with this position will be funded within the department's existing approved budget. This change will leave the total allocations in the department unchanged - action requested - ADOPT THE RESOLUTION AMENDING THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.13 Accept Donation for Butte County Library from Pompermayer Family Trust -The Library has received a generous bequest from the Pompermayer Family Trust in the amount of$24,083.09. In order to accept the funds the County must approve the distribution plan prepared by the trustee - action requested - ACCEPT DONATION FROM THE POMPERMAYER FAMILY TRUST AND AUTHORIZE THE LIBRARY DIRECTOR TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO COMPLETE THE TRANSACTION. (Library) 3.14 Capital Asset Acquisition with Youthful Offender Block Grant Funds - The Probation Department receives a yearly allocation of Youthful Offender Block Grant Funds (YOBG)from the Board of State and Community Corrections (BSCC) of approximately $600,000. The funds were included in Probation's budget submittal and are used to provide services to juveniles supervised by Probation and within Juvenile Hall. Services include risk and needs assessments, electronic monitoring, after school programs, counseling, substance abuse screening, pro-social skills training, recreational activities, PAGE 4 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/4/2014 gender specific programs, vocational training, parenting education, restitution programs,job readiness training, life skills training, staff training and mentoring programs. Included in Probation's funding plan to BSCC for FY 2014-15, and approved, is the purchase of an SUV. This vehicle will be used to assist juveniles and their families with transportation issues, attend meetings and events included in their case plans, and transport related equipment and supplies to various sites throughout Butte County. No additional General Fund appropriation is required - action requested - 1) APPROVE THE BUDGET ADJUSTMENT; AND 2) APPROVE CAPITAL ASSET PURCHASE OF VEHICLE. (Probation) 3.15 Agreement with Butte County Office of Education for Supplemental Nutrition Assistance Program - Education (SNAP-Ed) Program - The Public Health Department currently has an agreement with the California Department of Public Health (CDPH)to participate in efforts to improve the nutritional status and obesity rate among California's low income population under the SNAP-Ed Program. The program focuses on individual and group nutrition education, physical activity promotion, partnering with local schools and churches to promote healthy eating and physical activity, and collaboration with existing local nutrition promotion partners. On October 3, 2014,the department's SNAP-Ed program budget for federal FY 2014-15 was approved by the State. This approval provided authorization for the department to subcontract with Butte County Office of Education (BCOE) in order to implement a variety of nutrition education and physical activity programs for preschool age children and their adult families within Butte County. BCOE will follow the same guidelines as the County SNAP-Ed program. The term of the agreement is for the period of October 1, 2014 through September 30, 2015 with a maximum amount payable of $41,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Health) 3.16 Agreement with California State University Chico Research Foundation for SNAP-Ed Program - The Public Health Department currently has an agreement with the California Department of Public Health (CDPH) to participate in efforts to improve the nutritional status and obesity rate among California's low income population under the SNAP-Ed Program. The program focuses on individual and group nutrition education, physical activity promotion, partnering with local schools and churches to promote healthy eating and physical activity, and collaboration with existing local nutrition promotion partners. On October 3, 2014, the department's SNAP-Ed program budget for federal FY 2014-15 was approved by the State. This approval provided authorization for the department to subcontract with California State University Chico (CSUC) Research Foundation in order to implement a variety of nutrition education and physical activity programs for middle and high school students within Butte County. CSUC Research Foundation will follow the same guidelines as the County SNAP-Ed program. The term of the agreement is for the period of October 1, 2014 through September 30, 2015 with a maximum amount payable of $319,934.57 - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Health) 3.17 Agreement Amendment with Duerr Evaluation Resources for SNAP-Ed Program - The Public Health Department currently has an agreement with the California Department of Public Health (CDPH) to participate in efforts to improve the nutritional status and obesity rate among California's low income population under the SNAP-Ed Program. The program focuses on individual and group nutrition education, physical activity promotion, partnering with local schools and churches to promote healthy eating and physical activity, and collaboration with existing local nutrition promotion partners. As a PAGE 5 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/4/2014 requirement of this program, the department is required to hire an outside contractor to provide evaluation services of the program. On October 3, 2014, the department's SNAP-Ed program budget for federal FY 2014-15 was approved by the State. This approval provided authorization for the department to continue to subcontract with Duerr Evaluation Resources in order to complete a variety of evaluation plans, activities and reports related to the SNAP-Ed program and as required by grant guidelines. The revised term of the agreement is for the period of April 1, 2014 through September 30, 2015 with a maximum amount payable of $40,000 (an increase of $20,000 for October 1, 2014- September 30, 2015) - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Health) 3.18 Adoption of an Ordinance Amending Sections of Chapter 31 of the Butte County Code Entitled "Solid Waste Collection, Management And Recycling"; Adoption of an Ordinance Amending Sections of Chapter 31A of the Butte County Code Entitled "Solid Waste Permit Enforcement And Appeal Independent Hearing Panel"; and Adoption of an Ordinance Deleting Chapter 31B of the Butte County Code Entitled "Solid Waste Collection in the Chico Urban Area" - At the October 21, 2014 Board of Supervisors meeting, Public Works staff presented amendments to the Butte County Code that are associated with the County's intent to award refuse, recycling and green waste collection franchises. The Board waived the first reading of: 1) An Ordinance Amending Sections of Chapter 31 Entitled "Solid Waste Collection, Management and Recycling" of the Butte County Code; 2) An Ordinance Amending Sections of Chapter 31A Entitled "Solid Waste Permit Enforcement and Appeal Independent Hearing Panel" of the Butte County Code; and 3) An Ordinance Deleting Chapter 31B Entitled "Solid Waste Collection in the Chico Urban Area" of the Butte County Code - action requested - ADOPT ORDINANCES(3) AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.19 Chico Public Works Yard Equipment - With the construction of the new Chico Public Works Yard nearing completion, the Public Works Department is planning the transition to move from its existing Chico Yard in the near future. The new office building, fleet services shop, wash bay, road materials bunker, parking areas, and landscaping are all included in the construction contract. Upon completion and acceptance of the new Chico Yard construction, the department will need to install various operational equipment items, such as security and communications equipment, as well as office and break room furniture. These expenses were not included in the FY 2014-15 Road Fund operational budget. Therefore, Public Works requests a budget adjustment to use Road Fund appropriations for contingencies in the amount of$65,000 -action requested -APPROVE BUDGET ADJUSTMENT(4/5 vote required). (Public Works) 3.20 Retirement Resolution for Jail Lieutenant Jeff Hayes - Resolution in recognition of Lieutenant Jeff Hayes upon his retirement from the Butte County Sheriff's Office after 24 years of service to the citizens of Butte County-action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff) LT.JEFF HAYES ACCEPTED THE RESOLUTION. SHERIFF KORY HONEA ADDRESSED THE BOARD, RECOGNIZING LT. HAYES' SERVICE TO BUTTE COUNTY. 3.21 Acceptance of State of California, Department of Boating and Waterways (DBW) Equipment Grant - The Sheriff's Office has had occasional yet critical need for an underwater remotely operated camera in order to safely conduct underwater searches. The Sheriff's Office applied for and received an PAGE 6 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/4/2014 equipment grant from DBW in the amount of $80,000. The DBW equipment grant will afford the opportunity to purchase an Underwater Remote Operated Vehicle (ROV), including required training on the ROV, maintenance kit for the ROV, and dive gear. The new ROV and the dive gear will be used to enhance the Sheriff's Marine Program as well as assist with Search and Rescue operations on Lake Oroville, the Sacramento River and the Feather River. DBW request a certified Minute Order authorizing execution of this contract.The Minute Order must authorize by name and title signatory of the contract and must be stamped with a certified county seal. No county match is required - action requested - 1) APPROVE BUDGET ADJUSTMENT AND AUTHORIZE PURCHASE OF A CAPITAL ASSET (4/5 VOTE REQUIRED); AND 2) AUTHORIZE SHERIFF KORY HONEA TO SIGN THE GRANT AGREEMENT AND PROVIDE MINUTE ORDER AS REQUESTED BY THE STATE. (Sheriff) 3.22 State of California, Off-Highway Motorized Vehicle Recreation (OHMVR) Grant - The Sheriff's Office patrols back-country recreation areas via snow machine or off-road vehicle to assist recreational ists, perform rescues when necessary and to educate the public as to safe practices when enjoying the remote outdoors. The Sheriff's Office endeavors to pursue grant funding when available. Grants for years 2014 and 2015 provide uniformed law enforcement year-round in the Plumas and Lassen National Forest, Jonesville Snowpark and Butte Meadows during periods of high usage. On April 22, 2014, the Board of Supervisors accepted a grant award in the amount of $22,987 from the State of California, Department of Parks and Recreation, Division of Off-Highway Recreation for the 2014 program.The State is requesting a resolution from Butte County which will complete the application of yet unspent funds. In May 2014,the Sheriff's Office submitted a 2015 grant application to OHMVR.The grant requires a match of$8,748, intended to be met by utilizing existing county funded personnel (20 hours of administrative grant oversight), Search and Rescue volunteers and a trailer purchased with "green sticker" funds. Sheriff requested $24,047 of grant funds to be reimbursed after program expenses are spent. The State is requesting a resolution for this grant application. Upon successful grant award, the Sheriff's Office will prepare another agenda item - action requested - ADOPT RESOLUTIONS(2)AND AUTHORIZED THE CHAIR TO SIGN. (Sheriff) 3.23 Treasurer's Investment Policy - Approval is requested, pursuant to Government Code Sections 27133 and 53601-53686, for revisions to the Annual Statement of Investment Policy which sets forth policies regarding the investment of surplus funds and funds under the custodianship of the Treasurer. The following proposed changes are detailed in the staff report and would become effective January 1, 2015: 1) Pursuant to AB1933, modifying Section 53601 and effective January 1, 2015: adds as an authorized investment US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the World Bank, International Finance Corporations (IFC), or Inter- American Development Bank (IADB), that are eligible for purchase and sale within the U.S. (AA minimum rating, 5 years, 30%), and revises Subsection R to refer more broadly to FDIC insured deposits instead of limiting to CDs; 2) Provides for 10% cap on premium paid to large, stable funds over the regular funds quarterly apportionment rate and allows Treasurer discretion in determining the amount of the premium; 3) Adds language from Ordinance 4083 dated June 10, 2014 to show that investment authority delegated by the Board to the Treasurer is renewed with annual approval of the investment policy unless it is revoked or not renewed; and 4)Adds minor clarifying language for setting Treasury fees and reporting requirements. The draft policy has been reviewed by the Butte County Treasury Oversight Committee at its meeting of September 9, 2014. Upon Board approval, the Statement of Investment Policy will become effective January 1, 2015 - action requested - APPROVE PAGE 7 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/4/2014 REVISED STATEMENT OF INVESTMENT POLICY FOR THE REMAINDER OF FY 2014-15, EFFECTIVE JANUARY 1, 2015. (Treasurer-Tax Collector) 3.24 Appointment in Lieu of Election - Drainage District No. 200 (District) - Pursuant to California Elections Code 10515, the District has submitted a request for the appointment of Sherry LaMalfa Smith to a four year term as the number of qualified candidates filing for the office of Director did not exceed the number of positions to be filled, and a petition calling for an election was not submitted - action requested - MAKE APPOINTMENT. (Other departments or agencies) 3.25 Appointment to Gridley-Biggs Cemetery District-Submitted is a request to appoint Jack Bequette to fill the remainder of Lowell P. King's term (term to end May 1, 2015) - action requested - MAKE APPOINTMENT. (Other departments or agencies) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. (MOTION: KIRK; SECOND:WAHL) SUPERVISOR TEETER RECUSED HIMSELF FROM THE VOTE ON ITEM 3.10 (AMENDMENT TO AGREEMENT WITH YOUTH FOR CHANGE) AS HIS WIFE WORKS FOR THAT ORGANIZATION. VOTE: Motion APPROVED 5 -0 Regular Agenda 4.01 Boards, Commissions and Committees A. Appointments to Listed Vacancies (NONE) B. Board Member/Committee Reports and Board Member Comments (NONE) (Pursuant to CA State law,the Board is prohibited from taking action on any item not listed on the agenda.) 4.02 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT. RICHARD PRICE, AGRICULTURAL COMMISSIONER, PROVIDED A REPORT ON THE ASIAN CITRUS PSYLLID WHICH IS A POTENTIAL THREAT TO CITRUS CROPS. 4.03 General Plan Follow-Up and Implementation by Director of Development Services. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, PROVIDED A REPORT. PAGE 8 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/4/2014 4.04 Items Removed from the Consent Agenda for Board Consideration and Action. (NONE) 4.05 PERS Post-Retirement Appointment in an Interim Position Pending Hiring a Permanent Replacement- The California Public Employees' (PERS) Pension Reform Act of 2013 requires newly retired persons to "sit out" for at least 180 days before returning to work for an employer in the same retirement system which they receive a retirement allowance and provides an exemption to this rule with governing body approval in a properly noticed public meeting on a regular agenda calendar (Government Code Section 7522.56(f)(1). The District Attorney Chief-Administration will retire effective November 1, 2014. The recruitment to find a permanent replacement is in progress. The incumbent, Connie Carter, is responsible for a bureau with 3 direct report supervisors and a staff of 45. The position's management responsibilities include: attorney support; the Victim/Witness Assistance Center; information systems; facilities; departmental administrative functions (personnel administration, writing grant reports and applications and accounting functions); and project management. Currently, the incumbent is the manager for a major project to solicit, acquire and install a new District Attorney Office-Wide Case Management System. The project is at the contract negotiation stage. There is a critical need to have the retiree available for a short-term, interim period until a permanent replacement may be hired and transitioned. The retiree is the only person capable of meeting this critical need. The Director of Human Resources has reviewed the facts and concurs that the request is consistent with the exemption outlined in Government Code Section 7522.56(f)(1) - action requested - APPROVE PERS POST-RETIREMENT APPOINTMENT IN AN INTERIM EXTRA HELP POSITION PENDING THE HIRE AND TRANSITION OF A PERMANENT DISTRICT ATTORNEY CHIEF-ADMINISTRATION AND ADOPT A RESOLUTION AS REQUIRED BY CALPERS. (District Attorney) MIKE RAMSEY, DISTRICT ATTORNEY, PROVIDED A REPORT. MOTION: I MOVE TO APPROVE THE PERS POST-RETIREMENT APPOINTMENT IN AN INTERIM EXTRA HELP POSITION PENDING THE HIRE AND TRANSITION OF A PERMANENT DISTRICT ATTORNEY CHIEF- ADMINISTRATION AND ADOPT A RESOLUTION AS REQUIRED BY CALPERS. (MOTION: KIRK; SECOND: WAHL) VOTE: Motion APPROVED 5 -0 4.06 Successor Memorandum of Understanding (MOU) - Butte County Professional Employees Association (PEA) and Resolution Amending the Salary Ordinance - Over the past several months, the County and the bargaining team for the PEA have met and conferred over a new MOU. PEA has ratified the terms of the County's offer for a new MOU that will supersede and replace the expired 2008-2010 MOU, Impasse Resolution No.11-071 and Impasse Resolution No. 12-137. Concurrent with the adoption of the new MOU, "Section 571-Professional Employees' Unit Classifications" of the Salary Ordinance needs to be amended to reflect the wage increases (10/25/14-3% and 10/24/15-3%) that were negotiated with PEA and included in their MOU - action requested - 1) APPROVE MOU FOR THE BUTTE COUNTY PROFESSIONAL EMPLOYEES ASSOCIATION (PEA) AND AUTHORIZE CHAIR TO SIGN; AND 2) ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (HR) PAGE 9 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/4/2014 BRIAN RING, DIRECTOR OF HUMAN RESOURCES, PROVIDED A REPORT. MOTION: I MOVE TO: 1) APPROVE THE MOU FOR THE BUTTE COUNTY PROFESSIONAL EMPLOYEES ASSOCIATION (PEA) AND AUTHORIZE CHAIR TO SIGN; AND 2) ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: KIRK; SECOND:WAHL) VOTE: Motion APPROVED 5 -0 Public Hearings and Timed Items (NONE) Public Comment (each speaker limited to five minutes)(NONE) Recess Recessed as the Butte County Board of Supervisors and convened as the as the In-Home Supportive Services Public Authority Board. PAGE 10 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/4/2014 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD MINUTES NOVEMBER 4.2014 CALLED TO ORDER- Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Members present: Supervisors Connelly, Wahl, Kirk, Lambert and Teeter Consent Agenda 2.01 Agreement Between Butte County In-Home Supportive Service Public Authority (IHSS PA) and Liebert, Cassidy. Whitmore - In 2008, the Butte County IHSS PA entered into an agreement with Liebert Cassidy Whitmore, a professional corporation that provides attorney services for IHSS labor negotiations. Approval is requested to terminate the existing agreement between the Butte County IHSS PA and Liebert Cassidy Whitmore and approve a new three (3) year term agreement. This new agreement will adjust the fee schedule paid by the IHSS PA to be comparable to rates paid to Liebert Cassidy Whitmore by other County departments. The term of the agreement is November 2, 2014 through June 30, 2017 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Employment and Social Services) MOTION: I MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (MOTION: KIRK; SECOND:WAHL) VOTE: Motion APPROVED 5 -0 Regular Agenda (No Items) Public Comment (each speaker limited to five minutes) (NONE) Closed Session (No Items) ADJOURNMENT Adjourned as the In-Home Supportive Services Public Authority Board and reconvened as the Butte County Board of Supervisors. PAGE 11 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/4/2014 CLOSED SESSION -ADJOURNED TO CLOSED SESSION ON THE FOLLOWING ITEMS: 7.01 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTY APN: 006-240-047 AGENCY NEGOTIATOR: GRANT HUNSICKER NEGOTIATING PARTY: BILL SEGUINE NEGOTIATIONS: TERMS AND CONDITIONS OF CONVEYANCE 7.02 ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) - 3 CASES: A. LAVIOLETTE v. COUNTY OF BUTTE; BUTTE COUNTY SUPERIOR COURT NO. 159472; B. ALAN DAVIS v. BUTTE COUNTY;WORKERS' COMPENSATION APPEALS BOARD LEGACY CASE NO. ADJ8628991 (CLAIM NO. BUAH-549795); AND C. PAUL WELIVER v. BUTTE COUNTY;WORKERS' COMPENSATION APPEALS BOARD LEGACY CASE NO. ADJ9126681 (CLAIM NO. BUAH-549933) 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 NOVEMBER 18, 2014. DOUG TEETER, CHAIR BUTTE COUNTY BOARD OF SUPERVISORS ATTEST: Paul Hahn, Chief Administrative Officer and Clerk of the Board PAGE 12