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HomeMy WebLinkAboutM110618 cmenc M INUTES N OVEMBER 6,2018 1.C ALL TO O RDER M EETING CALLED TO ORDER AT B OARD OF S UPERVISORS C HAMBERS, 25 C OUNTY C ENTER D RIVE, S UITE 205, O ROVILLE, CA P RESENT: S UPERVISOR S TEVE L AMBERT, C HAIR,D ISTRICT 4 S UPERVISOR M AUREEN K IRK, V ICE C HAIR, D ISTRICT 3 S UPERVISOR B ILL C ONNELLY,D ISTRICT 1 S UPERVISOR L ARRY W AHL, D ISTRICT 2 S UPERVISOR D OUG T EETER, D ISTRICT 5 S HARI M C C RACKEN,C HIEF A DMINISTRATIVE O FFICER &C LERK OF THE B OARD B RUCE A LPERT, C OUNTY C OUNSEL C LARISSA M ENCHACA,A SSOCIATE C LERK OF THE B OARD 2.C ORRECTIONS AND/OR C HANGES TO THE A GENDA HERE WERE NO CORRECTIONS OR CHANGES TO THE N OVEMBER 6, 2018 B OARD OF S UPERVISORS A GENDA. T 3.C ONSENT A GENDA MOTION: APPROVE THE CONSENT AGENDA. (MOTION: KIRK; SECOND: TEETER) VOTE: MOTION PASSED UNANIMOUSLY 3.01Contract Amendment with Aurora Behavioral Healthcare for Managed Care Inpatient Hospital Placement Behavioral Health: S TAFF R EPORT Board action: Contract amendment approved. 3.02Contract with Nicole Diamond and Contract Amendment with Denver Latimer for Indigent Defense Services County Administration: S TAFF R EPORT Board action: 1) Contract amendment with Denver Latimer approved; and 2) Contract with Nicole Diamond approved. 3.03Termination of Local Disaster Proclamation Resolution Due to the Cherokee and La Porte Fires County Administration: S TAFF R EPORT Board action: 1) Need for terminating the Local Disaster Proclamation confirmed; and 2) Resolution No. 18-160 entitled Resolution Terminating the Proclamation of a Local Emergency – Cherokee and La Porte Fires adopted. Page 1 B OARD OF S UPERVISORS M INUTES –N OVEMBER 6, 2018 3.04Termination of Public Health Emergency Proclamation Resolution Due to the Cherokee and La Porte Fires County Administration: S TAFF R EPORT Board action: 1) Need for terminating the public health emergency confirmed; and 2) Resolution No. 18-161 entitled Resolution Terminating the Proclamation of Public Health Emergency – Cherokee and La Porte Fires adopted. 3.05Resolution Approving Fiscal Year (FY) 2018 Homeland Security Grant Application County Administration: S TAFF R EPORT Board action: Resolution No. 18-162 entitled Resolution Approving Application for Fiscal Year 2018 Homeland Security Grant Program adopted. 3.06Resolution Approving Application for the FY 2018 Emergency Management Performance Grant County Administration: S TAFF R EPORT Board action: Resolution No. 18-163 entitled Resolution Approving Application for Fiscal Year 2018 Emergency Management Performance Grant Program adopted. 3.07Contract with Foster Morrison for Local Hazard Mitigation Plan Update County Administration: S TAFF R EPORT Board action: Contract approved. 3.08Resolution Recognizing November 26 through November 30, 2018, as California Clerk of the Board of Supervisors Week County Administration: S TAFF R EPORT Board action: Resolution No. 18-164 entitled Resolution Recognizing November 26 through November 30, 2018 as California Clerk of the Board of Supervisors Week adopted. 3.09Resolution Approving the Closure of County Offices December 24, 2018, and a Corresponding Holiday for County Employees County Administration: S TAFF R EPORT Board action: Resolution No. 18-165 entitled Resolution Approving the Closure of County Offices on December 24, 2018 and Approving a Corresponding Additional Holiday for County Employees adopted. 3.10Approval of Minutes for Board of Supervisors Meeting County Administration: S TAFF R EPORT Board action: Minutes for the October 23, 2018, Board Meeting approved. 3.11Authorize the Auditor-Controller to Manage Cash Flow Between County Funds County Administration: S TAFF R EPORT Board action: Auditor-Controller authorized to temporarily transfer cash between funds during the current fiscal year to manage cash flow. 3.12Distribution of Excess Proceeds from the Sale of Tax-Defaulted Property County Counsel: S TAFF R EPORT Board action: 1) Recommendations regarding the distribution of excess proceeds from the sale of tax-defaulted property adopted; and 2) Distribution pursuant to Revenue and Taxation code section 4675 ordered. Page 2 B OARD OF S UPERVISORS M INUTES –N OVEMBER 6, 2018 3.13Accept 2018 Local Agency Conflict of Interest Code Biennial Notices for Agencies that File Form 700s with the Clerk-Recorder County Counsel: S TAFF R EPORT Board action: Local Agency Biennial Notices for the Butte County Association of Governments and the Durham Recreation and Park District accepted. 3.14 Land Conservation (Williamson) Act Tentative Parcel Map Consistency Review and Amended Contract with Stephens-Edmonds Ranch LLC for Parcels on Nord Highway Development Services: S TAFF R EPORT Board action: 1) Determined that the Tentative Parcel Map is consistent with the Williamson Act Program; and 2) Amended contract approved. 3.15Resolution Recognizing November 2018 as Adoption Awareness Month Employment and Social Services: S TAFF R EPORT Board action: Resolution No. 18-166 entitled Resolution Recognizing November 2018 as Adoption Awareness Month adopted. S UPERVISOR T EETER READ THE RESOLUTION ANDPRESENTED IT TO S HELBY B OSTON, D IRECTOR OF E MPLOYMENT AND S OCIAL S ERVICES. M RS.B OSTON ACCEPTED THE RESOLUTION AND THANKED THE ADOPTION STAFF THAT HELPS FACILITATE ADOPTIONS WITHIN B UTTE C OUNTY. 3.16Lease Agreement with Guillon, Inc. for the Lease of 205 Mira Loma Drive, Suite 10 in Oroville for Occupancy by the Department of Employment and Social Services General Services: S TAFF R EPORT Board action: Lease agreement approved. 3.17Lease Agreement with Guillon, Inc. for the Lease of 205 Mira Loma, Suite 20 in Oroville for Occupancy by the Department of Employment and Social Services General Services: S TAFF R EPORT Board action: Lease agreement approved. 3.18Lease Agreement with Guillon, Inc. for the Lease of 205 Mira Loma, Suite 50 in Oroville for Occupancy by the Department of Employment and Social Services General Services: S TAFF R EPORT Board action: Lease agreement approved. 3.19Sublease Agreement with Debra Lucero & Associates for 269 E. 3rd Street, Suite 100 in Chico for Occupancy by Supervisor-Elect Debra Lucero General Services: S TAFF R EPORT Board action: Sublease agreement approved. 3.20Budget Adjustment for Repairs to the Southside Oroville Community Center General Services: S TAFF R EPORT Board action: Budget adjustment from the General Fund Appropriation for Contingencies approved. 3.21Child Health and Disability Prevention (CHDP) and California Children's Services (CCS) Joint Plan Public Health: S TAFF R EPORT Board action: 1) Submission of the Fiscal Year 2018-19 Plan to the California Department of Health Care Services approved; and 2) Chair authorized to sign plan documents. Page 3 B OARD OF S UPERVISORS M INUTES –N OVEMBER 6, 2018 3.22Grant Agreement with CAL FIRE for a Program to Clear Brush Along County Roadways in High Fire Severity Areas Public Works: S TAFF R EPORT Board action: Grant agreement approved and Director of Public Works authorized to sign. 3.23 Capital Asset Purchase, Capital Improvement Purchase, and Capital Asset Surplus for the Neal Road Recycling and Waste Facility Public Works: S TAFF R EPORT Board action: 1) Capital asset purchase authorized; and 2) Capital improvement purchase authorized. 3.24Capital Asset Surplus – Vehicles Public Works: S TAFF R EPORT Board action: Capital assets (16) declared surplus to the needs of the County. 3.25Capital Asset Surplus and Release of Surplus Vehicle to Alaska National Insurance Company Public Works: S TAFF R EPORT Board action: Capital asset declared surplus to the needs of the County. 3.26Contract Amendment with VieVue, LLC for Body Worn Video Cameras Sheriff-Coroner: S TAFF R EPORT Board action: Contract amendment approved. 3.27Capital Asset Surplus – Computer Equipment Sheriff-Coroner: S TAFF R EPORT Board action: Capital assets (17) declared surplus to the needs of the County. 3.28Butte County Public Law Library FY 2017-18 Annual Report Other – Butte County Public Law Library: S TAFF R EPORT Board action: Accepted for information. 3.29Resolution Recognizing November 2018 as Homeless and Runaway Youth Awareness Month Other –Runaway & Homeless Youth Task Force: S TAFF R EPORT Board action: Resolution No. 18-167 entitled Resolution Recognizing November 2018 as Homeless and Runaway Youth Awareness Month adopted. S UPERVISOR K IRK READ THE RESOLUTION AND PRESENTED IT TO J OSH I NDAR OF THE R UNAWAY & H OMELESS Y OUTH T ASK F ORCE.M R. I NDAR ACCEPTED THE RESOLUTION AND THANKED THE B OARD FOR THEIR SUPPORT. Page 4 B OARD OF S UPERVISORS M INUTES –N OVEMBER 6, 2018 4.R EGULAR A GENDA 4.01Items Removed from the Consent Agenda for Board Consideration and Action N O ITEMSWERE REMOVED FROM THE C ONSENT A GENDA. 4.02 Boards, Commissions, and Committees (List available at http://www.buttecounty.net/clerkoftheboard/AppointmentsList.aspx) A.Appointments to Listed Vacancies Clerk of the Board: S TAFF R EPORT 1.Appointments to the Behavioral Health Board Behavioral Health: S TAFF R EPORT P UBLIC C OMMENT WAS OPENED AND CLOSED WITHOUT ANYSPEAKERS. MOTION: APPOINT DAVE DOWLEN TO THE BEHAVIORAL HEALTH BOARD AS A COMMUNITY MEMBER, WITH A TERM ENDING DECEMBER 31,2019; AND REAPPOINT DANIEL CAVANAUGH AS A CONSUMER MEMBER, WITH A TERM ENDING DECEMBER 31, 2021. (MOTION:KIRK; SECOND: TEETER) VOTE: MOTION PASSED UNANIMOUSLY 2.Appointments to the Chico Veterans Memorial Hall Committee Other – Chico Veterans Memorial Hall Committee: S TAFF R EPORT P UBLIC C OMMENT WAS OPENED AND CLOSED WITHOUT ANYSPEAKERS. MOTION: APPOINT DON CAMPBELL AS AN ALTERNATE MEMBER TO THE CHICO VETERANS MEMORIAL HALL COMMITTEE, WITH A TERM ENDING JUNE 30, 2019; AND REAPPOINT MICHAEL HALLDORSON AS A DELEGATE MEMBER, WITH A TERM ENDING JUNE 30, 2019. (MOTION:WAHL;SECOND:CONNELLY) VOTE: MOTION PASSED UNANIMOUSLY B.Board Member / Committee Reports and Board Member Comments (Pursuant to California State law, the Board is prohibited from taking action on any item not listed on the agenda) S UPERVISOR T EETER DISCUSSED HIS ATTENDANCE AT THE I NTEGRATED R EGIONAL W ATER M ANAGEMENT WORKSHOP HOSTED BY THE S IERRA I NSTITUTE. H E FURTHER HIGHLIGHTED HIS ATTENDANCE AT THE INTERVIEWS HELD FOR THE S IERRA N EVADA C ONSERVANCY E XECUTIVE O FFICER POSITION, AS WELL AS HIS ATTENDANCE AT A LANDFILL AND BIOMASS DISCUSSION.F URTHERMORE,S UPERVISOR T EETER SPOKE TO EIGHTH GRADERS THAT ACHIEVED CHARTER ON GOVERNMENT ELECTIONS QUESTIONS, AND SPOKE AT A SHOR FUNDRAISER ON HOMELESSNESS. L ASTLY, S UPERVISOR T EETER DISCUSSED A MEETING HE ATTENDED WITH F ISH AND W ILDLIFE, THE D EPARTMENT OF W ATER R ESOURCES, AND A FTERBAY RECREATION USERS ON IMPROVING K ITE B EACH NORTH OF THE BRIDGE. S UPERVISOR C ONNELLY INFORMED THAT HE WAS APPROACHED BY A MEMBER OF THE B UTTE C OUNTY R ESOURCE C ONSERVATION D ISTRICT AND INQUIRED IF THE C OUNTY CAN ASSIST THE D ISTRICT WITH AUDIT COSTS. Page 5 B OARD OF S UPERVISORS M INUTES –N OVEMBER 6, 2018 4.03Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer S HARI M C C RACKEN, C HIEF A DMINISTRATIVE O FFICER, CONGRATULATED THE B UTTE C OUNTY P ROBATION D EPARTMENT FOR RECEIVING THE CSACC HALLENGE AND M ERIT A WARD FROM THE C ALIFORNIA S TATE A SSOCIATION OF C OUNTIES FOR THE T RANSITIONAL A GE Y OUTH (TAY) P ROGRAM. M S. M C C RACKEN INTRODUCED P ROBATION O FFICER M IKE R OGERS WHO ACCEPTED THE AWARD.M IKE R OGERS INTRODUCED P ROBATION O FFICER R ON K IMBERLING WHO HIGHLIGHTED THE P ROGRAM.P ROBATION O FFICER K IMBERLING THANKED THE B OARD AND INTRODUCED PARTICIPANT A ARON WHO ADDRESSED THE B OARD. M S. M C C RACKEN FURTHER HIGHLIGHTED THE TERMINATION OF THE LOCAL DISASTER PROCLAMATION AS WELL AS THE TERMINATION OF THE LOCAL HEALTH EMERGENCY. A DDITIONALLY, M S.M C C RACKEN RECOGNIZED THE S HERIFF’S O FFICE AND THANKED ALL OF THE C OUNTY DEPARTMENTS AND OUTSIDE AGENCIES THAT PARTICIPATED IN THE SECOND ANNUAL T RUNK OR T REAT EVENT. 4.04Introduction of the Salary Ordinance Human Resources: S TAFF R EPORT J OE A MBROSINI, L ABOR R ELATIONS O FFICER, H UMAN R ESOURCES,PROVIDED A REPORT TO THE B OARD. UBLIC C OMMENT WAS OPENED AND CLOSED WITHOUT ANY SPEAKERS. P MOTION: WAIVE THE FIRST READING OF THE ORDINANCE. (MOTION: KIRK;SECOND: TEETER) VOTE: MOTION PASSED UNANIMOUSLY 4.05Community Choice Aggregation (CCA) Feasibility Study Update County Administration: S TAFF R EPORT B RIAN R ING,A SSISTANT C HIEF A DMINISTRATIVE O FFICER, C OUNTY A DMINISTRATION, PROVIDED A REPORT TO THE B OARD. T HE FOLLOWING MEMBERSOF THE PUBLIC ADDRESSED THE B OARD:K EN F LEMMING,AND W OODY E LLIOTT. MOTION:1)MOVE TO ACCEPT FOR INFORMATION;AND 2)DIRECTSTAFF TOCONTINUE TO SEEK INFORMATION ON FINANCING;THE IMPACTS OF THE CHANGES TO THE POWERCHARGE INDIFFERENCE ADJUSTMENT;JOINT POWERS AUTHORITY FORMATION; AND POTENTIAL EXPANSION OF INITIAL PARTICIPANTS,AS LONG AS THE CITY OF CHICO DIRECTS TO MOVE FORWARD AT ITS TH NOVEMBER 20 MEETING. MOTION: TEETER; SECOND: CONNELLY) ( VOTE: MOTION PASSED 4-0-1 AYES: SUPERVISORS CONNELLY, WAHL,TEETER, AND CHAIR LAMBERT NAYS: NONE ABSENT: SUPERVISOR KIRK Page 6 B OARD OF S UPERVISORS M INUTES –N OVEMBER 6, 2018 4.06Interim Chief Probation Officer Appointment County Administration: S TAFF R EPORT B RIAN R ING,A SSISTANT C HIEF A DMINISTRATIVE O FFICER, C OUNTY A DMINISTRATION, PROVIDED A REPORT TO THE B OARD. P UBLIC C OMMENT WAS OPENED AND CLOSED WITHOUT ANY SPEAKERS. MOTION: 1)APPOINT WAYNE BARLEY AS INTERIM CHIEF PROBATION OFFICER EFFECTIVE DECEMBER 29, 2018, FOR A PERIOD NOT TO EXCEED SIX MONTHS;2) SET THE SALARY FOR THE INTERIM CPO AT THE MINIMUM ANNUAL SALARY FOR THE CPO AT $138,488,AS LISTED IN SECTION 29,REFERENCE A, OF THE BUTTE COUNTY SALARY ORDINANCE, EFFECTIVE DECEMBER 29, 2018; 3) PROVIDE MILEAGE REIMBURSEMENT AT THE RATE OF $620/MONTH AND PAID ADMINISTRATIVE LEAVE AT A RATE OF 10 DAYS/YEAR; AND 4)DOCUMENT BY MINUTE ORDER MR. BARLEY'S INTERIM APPOINTMENT; THE ANNUAL SALARY; MILEAGE ALLOWANCE OF $620/MONTH; PAID ADMINISTRATIVE LEAVE AT A RATE OF 10 DAYS/YEAR;RETENTION OF ALL OTHER RIGHTS AND BENEFITS IN CURRENT PPOA MANAGEMENT MOU AND RETENTION OF ALL RIGHTS TO, AND BENEFITS OF, MR. BARLEY'S CURRENT POSITION WHEN THE INTERIM ASSIGNMENT IS COMPLETED. (MOTION: KIRK;SECOND: TEETER) VOTE: MOTION PASSED UNANIMOUSLY W AYNE B ARLEY ADDRESSED THE B OARD. 5.P UBLIC H EARINGS AND T IMED I TEMS 5.019:25 am – Resolution Adopting Updated Community Development Block Grant (CDBG) Housing Rehabilitation Program Guidelines County Administration: S TAFF R EPORT H EATHER M AC D ONALD, M ANAGEMENT A NALYST,C OUNTY A DMINISTRATION, PROVIDED A REPORT TO THE B OARD. P UBLIC C OMMENT WAS OPENED AND CLOSED WITHOUT ANYSPEAKERS. MOTION:ADOPT RESOLUTION ANDAUTHORIZE THE CHAIRTO SIGN. (MOTION:CONNELLY;SECOND:WAHL) VOTE: MOTION PASSED UNANIMOUSLY Reference Resolution No. 18-168 entitled Resolution Adopting Guidelines for the Housing Rehabilitation Assistance Program Funded by Community Development Block Grant (CDBG) Funds. Page 7 B OARD OF S UPERVISORS M INUTES –N OVEMBER 6, 2018 5.029:30 am - Appeal of the Planning Commission Approval of a Clustered Tentative Subdivision Map on Stanley Avenue Development Services: S TAFF R EPORT T IM S NELLINGS,D IRECTOR OF D EVELOPMENT S ERVICES, INTRODUCED THE ITEM. M ARK M ICHELENA, S ENIOR P LANNER, AND C HARLES T HISTLETHWAITE,P LANNING D IVISION M ANAGER, D EVELOPMENT S ERVICES,PROVIDED A REPORT TO THE B OARD. A NDREW M ORRISSEY OF L ELAND,M ORRISSEY & K NOWLES, ATTORNEY FOR D AVID G ALLO AND T OM H ALL, PROVIDED A REPORT FOR THE B OARD. T HE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE B OARD:K AREN R OGERS,A DAM L YNCH, J ERRY M C G UIRE, D OUG L EIKER, L YNDA S EZON, K AREN S IPPLE, R ICHARD R OGERS, G EORGE S IPPLE, J IM S TEVENS, R OGER B EADLE, E MILY G ALLO,M ARK H ABIB,R IKI B ERLIN,D AVID G ALLO, T OM H ALL, C AROL R OMISS, B O P OWELL, T INA M EYER, L OREN C HILSON, B EN G OHLKE,AND S TANLEY. MOTION: MOTION OF INTENT TO APPROVE THE PROJECT WITHOUT THE DENSITY BONUSES,ALLOW TO CLUSTER DEVELOP, KEEP A 300-FOOT SETBACK FROM THE AG,AND WANT TO SEE A MANAGEMENT PLAN FOR THE OPEN SPACE. MOTION: CONNELLY; SECOND: TEETER) ( VOTE: MOTION PASSED 4-1 AYES: SUPERVISORS CONNELLY, WAHL,TEETER, AND CHAIR LAMBERT NAYS: SUPERVISOR KIRK 5.031:00 pm - Ordinance Adding Chapter 53 Development Mitigation, Article I Oak Woodland Mitigation to the Butte County Code Development Services: S TAFF R EPORT T IM S NELLINGS,D IRECTOR OF D EVELOPMENT S ERVICES, INTRODUCED THE ITEM. P ETE C ALARCO, A SSISTANT D IRECTOR OF D EVELOPMENT S ERVICES, PROVIDED A REPORT TO THE B OARD. T HE FOLLOWING MEMBERSOF THE PUBLIC ADDRESSED THE B OARD:W OODY E LLIOTT,K EN F LEMMING,T AMI R ITTER,AND D EBRA L UCERO. MOTION: 1)WAIVE THE FIRST READING OF THE ORDINANCE; AND 2)ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (MOTION: CONNELLY; SECOND: LAMBERT) VOTE: MOTION FAILS 2-2-1 AYES: SUPERVISORS CONNELLY AND CHAIR LAMBERT NAYES: SUPERVISORS WAHL AND TEETER ABSENT: SUPERVISOR KIRK Board action: The Board directed staff to bring the item back when the full Board is present. 6.B OARD OF S UPERVISORS P UBLIC C OMMENT P UBLIC C OMMENT WAS OPENED AND CLOSED WITHOUT ANY SPEAKERS. Page 8 B OARD OF S UPERVISORS M INUTES –N OVEMBER 6, 2018 7.B OARD OF S UPERVISORS C LOSED S ESSION B RUCE A LPERT,C OUNTY C OUNSEL, READ THE C LOSED S ESSION A GENDA INTO THE RECORD. 7.01Public Employee Employment, Appointment, Recruitment, 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 Resources Conservation Director 7.02Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4): One potential case. 7.03Conference with Labor Negotiator Pursuant to Government Code Section 54957.6: Negotiators: Jack Hughes, Pamela Knorr, and Joe Ambrosini Employee Organizations: Teamsters - General Unit; Teamsters - Social Services Workers’ Unit; Butte County Management Employees Association; Butte County Probation Peace Officers Association; Butte County Probation Peace Officers Association - Management Unit; Butte County Professional Employees’ Association; Butte County Deputy Sheriff’s Association - General Unit; Butte County Deputy Sheriff’s Association - Management/Supervisory Unit; Butte County Correctional Officers Association - General Unit; Butte County Correctional Officers Association - Supervisory Unit; UPEC Local 792 - Skilled Trades Unit; Butte County Deputy District Attorneys Association - Attorney Unit; Confidential Unit; Non-Represented Unit 7.04Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8: Property: 2959 Lower Wyandotte Road, Oroville Agency Negotiator: Grant Hunsicker Negotiating Partners: E-Center, and Ridgeline Pediatric Negotiations: Terms and Conditions of Conveyance of Leasehold Interest *T HERE WERE NO ANNOUNCEMENTS OUT OF CLOSED SESSION. Page 9 B OARD OF S UPERVISORS M INUTES –N OVEMBER 6, 2018 There being no further business before the Board, the meeting adjourned. The Butte County Board of ATTEST: Supervisors will reconvene at the next regular meeting, Shari McCracken, Chief Administrative Officer scheduled for December 11, 2018. and Clerk of the Board ____________________________________ ________________________________ Steve Lambert, Chair Clarissa Menchaca, Deputy Butte County Board of Supervisors Associate Clerk of the Board Page 10