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HomeMy WebLinkAboutM110513 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/5/2013 9:00 A.M.—CALL TO ORDER Call to Order- Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Members present: Supervisors Connelly Wahl, Kirk, Lambert and Teeter Pledge of Allegiance to the Flag of the United States of America. Observation of a Moment of Silence. CORRECTIONS AND/OR CHANGES TO THE AGENDA. (NONE) 1320-001 CONSENT AGENDA 1. Resolution of Appreciation for Milestone's Contribution to the Local Economy Supervisor Wahl has requested that the Board of Supervisors adopt a resolution of appreciation for Milestone, a leading provider of solutions to the strategic IT needs of large global corporations such as eBay, Facebook and Google, and its choice to make Chico the home of its new contact center.The Chief Executive Officer of Milestone was raised in a farming family in Biggs and has chosen to share his success with our local economy by opening a center that will employ more than 300 people locally. The anticipated economic impact from the location of the contact center is over$15 million annually for direct salaries and benefits, with an additional $3.8 million in secondary labor income that is expected to be created each year. Jay Preston, Milestone Vice President of Sales, will be in attendance to accept the resolution. 2. Consolidated Impact Fee Report for Fiscal Year (FY) 2012-13 - Pursuant to Government Code 66006(b), the Butte County Consolidated Impact Fee Report for FY 2012-13 (Report) has been available for public review in the Office of the Clerk of the Board since October 14, 2013.The Report includes both County Department and Special District Impact Fee Fund information and findings. Government Code section 66001(d) sets forth the requirements of findings the Board must make in the fifth year following the first deposit into a fund and every fifth year thereafter regarding amounts remaining in that fund. Department Heads responsible for the funds requiring five-year findings have attached their findings to their presentation letter included in the back of the report. 3. Distribution of Excess Proceeds from the Sale of Tax Defaulted Property - From June 16, 2013 through June 19, 2013, the Butte County Treasurer-Tax Collector sold twenty-eight parcels of tax defaulted property. Pursuant to Revenue and Taxation Code section 4675, priorities are set for payment of excess proceeds. Claims were received on nine of the twenty-eight parcels sold and the department submits recommendations for distribution of the proceeds for eight of these properties. The department will submit a recommendation on the remaining property at a future date. 4. Resolution Recognizing November 2013 as Adoption Month in Butte County. 5. CalPERS Health Benefits Resolutions Update - CalPERS requires resolutions to be on file to account for how an organization enters into the CalPERS health benefits system (PEMHCA). When the County originally entered into PEMHCA, it entered in separately for each of the various employee groups. The BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/5/2013 last time the County's records were updated with CalPERS was in 1994. At that time, there were seven employee groups within the County. Since that time, the number of employee groups has grown to fifteen. The proposed resolutions will update the County's records with CalPERS to accurately reflect the County's labor structure. 6. Resolution to Amend The Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance. These changes will initially increase the total allocations by one (1) position in the Public Works Department until a departmental recruitment is conducted at which time the vacated position will be deleted at a future meeting. The following are the sections of the Salary Ordinance to be amended:Child Support Services: The Child Support Services Department is requesting to delete one (1) vacant position of Program Manager, Child Support Services and add one (1) flexibly staffed sunset position of Child Support Attorney III/11/1 with an end date of June 30, 2014. The duties of the Program Manager position have been absorbed by other Program Manager positions in the department making the position no longer needed. The sunset Child Support Attorney is being added to accommodate the increased workload in the legal section of the department. This position will be renewed annually based on available funding. These changes will leave the total allocations in the department unchanged and have no fiscal impact on the County General Fund. Human Resources: The Human Resources Department is requesting to add the classification of Deputy Director, Public Works (bi-weekly salary: $2,715.15-$3,638.57) back to Section 57, Reference E of the Salary Ordinance titled, "Management, Confidential and Supervisory (BCMEA) Unit Classifications". This classification was removed from the Salary Ordinance in 2011 as the Public Works Department did not have a need for it any longer. Since that time the department has restructured and now has the need for the Deputy Director, Public Works classification. This change has been agreed to by Human Resources and the applicable Employee Association. Public Works: Concurrent with the Human Resources request above, the Public Works Department is requesting to add one (1) position of Deputy Director, Public Works. This change will initially increase the allocations in the department by one (1) position until a departmental recruitment can be conducted to fill the new position. Once the departmental recruitment is complete, the position that was vacated will be eliminated at a future Board meeting. Any increase in costs associated with this change will be covered in the department's FY 2013-14 approved budget. 7. Resolution Ratifying Acceptance of Health Realignment Funding Shift - In the FY 2013-14 State budget, changes were enacted to reduce Health Realignment funding provided to counties and the County Medical Services Program (CMSP) Governing Board for the delivery of health care services through CMSP. Butte County is a CMSP county and, therefore, affected by the changes. The change redirects Health Realignment funding from all counties to the State beginning in January 2014. As set forth in Welfare and Institutions Code section 17600.50(a), 60% of Health Realignment funds that would otherwise be provided to CMSP counties and the CMSP Governing Board are to be redirected to a new State Account, the Family Support Services Sub-Account, to help offset the costs of Medi-Cal Managed Care Expansion related to the Affordable Care Act. Welfare and Institutions Code section 17600.50(a) also protects County Health Realignment funding for local purposes by limiting each CMSP County's Realignment contribution to the State to the amount the County would have otherwise paid to participate in CMSP. As a requirement of the new law, the CMSP Governing Board was required to adopt a resolution confirming acceptance of the new approach of Health Realignment distribution. On September 26, 2013, the resolution was adopted by the CMSP Governing Board. The CMSP Governing PAGE 2 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/5/2013 Board now requests all counties that participated in CMSP in FY 2011-12 adopt a resolution ratifying the CMSP resolution and the provisions of section 17600.50(a)of the Welfare and Institutions Code. 8. Budget Adjustment to Fund Replacement of Rotary Phase Converter for Drainage Pumps in County Service Area 97 - The drainage system pumps within County Service Area 97, the Stoneybrook Subdivision in North Chico, are currently inoperable due to a failure of the rotary phase converter in the electrical panel. Replacement of this part will correct the problem and ensure that the drainage pumps are operable before the winter rains arrive. 9. Comment Letter on the Plumas National Forest Travel Management Subpart A Plan - The Plumas National Forest's Travel Management Plan Subpart A is a process to: 1) Identify the minimum road system needed for safe and efficient travel and for administration, utilization, and protection of National Forest Service lands; and 2) Identify the roads on lands under Forest Service jurisdiction that are no longer needed to meet forest recreation and resource management objectives and reflect long- term funding expectations. The Sierra Access Coalition (SAC) sent a comment letter to the Plumas National Forest on September 30, 2013, regarding the Forest's proposed Travel Management Subpart A Plan. The SAC letter, which can be found in the staff report, provides comments on a broad range of issues regarding the Subpart A process and encourages the Plumas National Forest to make every effort to keep their roads open and maintained. Staff is recommending the Board authorize the Chair to sign a letter to the Plumas National Forest that will put the County on record with our comments on the Plumas National Forest's Travel Management Subpart A Plan process. The proposed letter incorporates the SAC letter and its comments. 10. Consider Agreement for Professional Engineering Services - URS-To continue the orderly development of the Neal Road Recycle and Waste Facility, staff estimates that the next landfill waste cell needs be developed by 2016. In order to accomplish this, the septage at the facility needs to be removed. Staff released a request for qualifications in July 2013 for professional engineering services to develop recommendations for disposal options for septage solids and liquids. The County received responses from two firms, and after thorough evaluation, staff selected URS Corporation Americas (URS). Cost of the agreement is$75,949.81. 11. SWAT Team Radio Equipment - The Sheriff's Office SWAT team currently uses an ear piece for radio communications, but the system doesn't include any type of hearing protection. Two of the team members tested a loaner tactical radio headset that permits hands-free two-way radio communications and wearer hearing protection and both reported very positive results. These headsets will prove invaluable to furthering SWAT team safety and individual team member protection. The cost of each headset is $618. The Sheriff's Office intends to purchase sixteen sets and anticipates few, if any, ongoing support costs. The department intends to utilize federal asset seizure funds for this purchase. No general funds are requested. Total requested appropriation from federal asset seizure funds is$10,650. 12. Sheriff Civil Division Computer Purchase -The Sheriff's Office Civil Division maintains a restricted cash account that receives deposits from a civil fee for service permitted by government code. These restricted cash funds are to be used exclusively for civil operations, excluding staff costs. The division plans to purchase five new computers as the existing desk top computers are old and will lack a PAGE 3 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/5/2013 Microsoft supportable operating system in the near future. The Sheriff's Office also intends to purchase two tablets with Verizon data service for use by the two deputy sheriffs assigned to the civil division to allow the deputies to remain in the field and complete evictions and serve subpoenas without returning to the office. The one-time equipment purchase price for the computers and tablets is $9,215, and there is a $640 cost for data tablet service. On-going service charges are $960 per year for the two tablets.All costs will be funded with civil restricted cash. No general funds will be used. 13. Water Advisory Committee Appointment- Western Canal Sub-inventory Unit -The Basin Management Objective ordinance (Chapter 33A of the Butte County Code) has provisions regarding the membership of the Water Advisory Committee (WAC) and how its members are appointed. The ordinance states that the WAC shall be appointed by the Board and be comprised of area-specific members with one member appointed from each defined sub-inventory unit (SIU) within the Sacramento Valley Groundwater Basin portion of the County. Western Canal Water District is one of the 16 sub-inventory units defined in the Butte County Inventory and Analysis Report (March 2001) and listed in the ordinance. To be considered for appointment candidates must reside, own property or have their principle place of business within the SIU which they would represent, be willing to serve in a voluntary capacity, and be nominated by the citizens of the SIU. Ted Trimble, the District Manager of Western Canal Water District, has served on the WAC since 2005 but has resigned and nominated a member of his staff to serve in his place. Anjanette Shadley Martin was nominated on Friday, October 4, 2013. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA(MOTION: KIRK; SECOND: TEETER) VOTE: Motion APPROVED 5 -0 REGULAR AGENDA 1320-002 Boards, Commissions and Committees 1. Appointments to Listed Vacancies MOTION: I MOVE TO APPOINT RHONDA HUFFMAN TO THE LIBRARY ADVISORY BOARD. (MOTION:TEETER; SECOND: LAMBERT) VOTE: Motion APPROVED 5 -0 1320-003 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 TEETER REPORTED ON AN EDITORIAL REGARDING ECONOMIC DEVELOPMENT IN THE CHICO ENTERPRISE RECORD. PAGE 4 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/5/2013 SUPERVISOR TEETER ALSO REPORTED THAT JESSICA HARTSELL GLASS, SENATOR FEINSTEIN'S ASSISTANT,AND JENIFER MATA,A BLM REPRESENTATIVE,TOURED 2 FEDERALLY OWNED BRIDGES THAT NEED REPAIR AT THE REQUEST OF A CONSTITUENT. HE DIRECTED THE CAO DRAFT A LETTER REQUESTING REPAIRS. 1320-004 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT. 1320-005 Adoption of an Ordinance Amending Butte County Code Chapter 26 Entitled "Buildings" in Order to Adopt the "2013 California Building Standards Code" - On October 22, 2013, the Board of Supervisors took action on the introduction of an ordinance to adopt the 2013 Building Codes and waived first reading of the ordinance. The fundamental purpose of building codes is to ensure that structures are constructed to an appropriate minimum standard and are safe for the uses intended. Building codes exist in order to protect the life, health and safety of the public who will inhabit the buildings. The Board of Supervisors requested staff report back on significant code changes and/or revisions to the current code. The next step in the approval process is for the Board of Supervisors to consider the final adoption of the ordinance. The ordinance will become effective 30 days after adoption. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES AND NANCY SPRINGER, BUILDING OFFICAL PROVIDED A REPORT. THE BOARD DIRECTED THIS ITEM TO BE CONTINUED TO THE NOVEMBER 12, 2013 BOARD MEETING. 1320-006 Basin Management Objective (BMO) Program - Introduction of an Ordinance Amending Chapter 33A of the Butte County Code - The Butte County Basin Management Objective (BMO) program has entered its eighth year and is an important cornerstone of the County's water resource efforts. It is codified in Chapter 33A of the Butte County Code. A BMO program is a required element of a Groundwater Management Strategy (AB3030/SB1938) and integrated regional water management plans. In 2011, a review of the program was conducted by a subcommittee of the Water Commission and subsequently a number of recommended program improvements were adopted and amended to Chapter 33A on September 13, 2011. The amended Chapter 33A language contained some inaccuracies. These proposed amendments modify the wording of the code to clarify and accurately reflect the intent of recommendations made during the 2011 review. The modifications will not shift in practice how the program is implemented, but instead update the code to reflect the intent and current approaches in use. These proposed modifications were a discussion item at the November 29, 2012 combined meeting of the Water Advisory Committee (WAC) and Technical Advisory Committee (TAC). No concerns or further modifications were raised. The TAC approved the recommended changes on January 17, 2013 and on February 6, 2013 the Water Commission unanimously recommended the modifications to Chapter 33A be accepted. PAGE 5 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/5/2013 PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION AND CHRISTINA BUCK PROVIDED A REPORT. MOTION: I MOVE TO WAIVE THE FIRST READING OF THE ORDINANCE. (MOTION: KIRK; SECOND:TEETER) VOTE: Motion APPROVED 5 -0 PUBLIC HEARINGS AND TIMED ITEMS 1320-007 9:30 a.m. - Timed Item - Report from CSU, Chico Center for Economic Development on Northern California Broadband Planning Efforts - The Corporation for Education Network Initiatives in California (CENIC) was awarded two planning grants from the California Public Utilities Commission (CPUC) to manage the work of two consortia over the next three years -the Northeastern California Connect Consortium (NECCC) and the Upstate California Connect Consortium (UCCC).The CSU, Chico Center for Economic Development is CENIC's management partner. It is the mission of NECCC and UCCC to develop and facilitate the implementation of a broadband infrastructure plan for Northern California. Cathy Emerson, Project Manager for the CSU, Chico Center for Economic Development, has requested the opportunity to provide the Butte County Board of Supervisors with an update on their planning efforts, and to share with the public and the Board a new mapping project focused on the identification of broadband services in California. JENNIFER MACARTHY, COMMUNITY AND ECONOMIC DEVELOPMENT MANAGER PROVIDED A REPORT. CATHY EMERSON WITH THE CENTER FOR ECONOMIC DEVELOPMENT PROVIDED A REPORT. THIS ITEM WAS FOR INFORMATION ONLY. THERE WAS NO BOARD ACTION TAKEN. 1320-008 9:45 a.m. - Exploratory Wells - An estimated 4,000 to 5,000 parcels in Butte County were created by deed and are not in conformance with the state and local subdivision requirements that were in effect at the time of parcel creation. Since issuance of development permits for these parcels would confer rights for further development, the County initiated a parcel review process to assure the conformance of parcels before any permits are issued. This requirement, however, created a hardship on property owners and developers who wanted to know the availability of water prior to selling a parcel or initiating the costly subdivision process. To address this concern, a process was established for issuing permits for "exploratory wells." There are no differences in requirements between normal wells and exploratory wells for siting, construction, use, permitting process, or permit fees. The issue of concern at this time is that water from exploratory wells in some cases is being used to facilitate unpermitted development and environmentally damaging activities on noncompliant parcels. The Public Health Department is seeking direction from the Board on how to address this problem and has provided a staff report with 5 alternative approaches. PAGE 6 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/5/2013 PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, INTRODUCED THE ITEM. CATHY RAEVSKY, DIRECTOR OF PUBLIC HEALTH AND BRAD BANNER, ENVIRONMENTAL HEALTH DIRECTOR PROVIDED A REPORT. SUPERVISOR CONNELLY REPORTED EX PARTE COMMUNICATION WITH DAVID MOENCH. THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: ANDREW MERKEL; DAVID MOENCH; DAVID MASARIK; DEBRA MARR. MOTION: I MOVE TO DIRECT STAFF TO GO FORWARD WITH RECOMMENDATION #3, WHICH WOULD REQUIRE CAPPING THE WELLS AND INCLUDE AN ANNUAL INSPECTION FEE FOR NEW EXPLORATORY WELLS. THE BOARD DIRECTS TO PUT THIS POLICY INTO ORDINANCE FORM AND ADD TO THE ORDINANCE THAT COORDINATES ARE REQUIRED. (MOTION:TEETER; SECOND: KIRK) VOTE: Motion APPROVED 5 -0 1320-009 PUBLIC COMMENT (each speaker limited to five minutes) THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: DAVID MASERIK AND BONNIE MASERIK. 1320-010 CLOSED SESSION 1. PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER 2. BEHAVIORAL HEALTH DIRECTOR 3. CHIEF ADMINISTRATIVE OFFICER 4. CHIEF PROBATION OFFICER 5. CHILD SUPPORT SERVICES DIRECTOR 6. COUNTY COUNSEL 7. DEVELOPMENT SERVICES DIRECTOR 8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR 9. HUMAN RESOURCES DIRECTOR 10. INFORMATION SERVICES DIRECTOR 11. LIBRARY DIRECTOR 12. PUBLIC HEALTH DIRECTOR 13. PUBLIC WORKS DIRECTOR 14. WATER AND RESOURCE CONSERVATION DIRECTOR PAGE 7 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/5/2013 2. CONFERENCE WITH LABOR NEGOTIATOR PURSUANTTO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: JACK HUGHES& BRIAN RING EMPLOYEE ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA; DSA- MANAGEMENT/SUPERVISORY UNIT; DSA-GENERAL UNIT; BCCOA-SUPERVISORY UNIT; BCCOA-GENERAL UNIT; CONFIDENTIAL UNIT; PPOA- MANAGEMENT UNIT; NON-REPRESENTED UNIT 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 12, 2013. PAGE 8