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HomeMy WebLinkAboutM112415 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/24/2015 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, informed the Board that item 3.06 (Appointment of District 1 representative to RCD) is being removed from the agenda as the nominee has determined he has a conflict with RCD meeting dates. In addition, item 3.33 (Introduction of an Ordinance regarding Compensation for Board of Supervisors) has been removed from the consent agenda for discussion on the regular agenda. CONSENT AGENDA 3.01 Appropriation Limit for Fiscal Year (FY) 2015-2016 - Request for adoption of resolutions confirming Proposition 4 Appropriation Limit calculations for the County of Butte and all special districts under the control of the Board of Supervisors for FY 2015-16 - action requested - ADOPT RESOLUTIONS (2) AND AUTHORIZE THE CHAIR TO SIGN. (Auditor-Controller) 3.02 Amendment to the Agreement with Therapeutic Solutions-Therapeutic Solutions provides services in the specialized field of psychiatry as required for clients of the Butte County Department of Behavioral Health (BCDBH). Approval is requested for an amendment to the agreement with Therapeutic Solutions for the provision of psychiatric services being provided by Dr. Karim Lotfy, a J-1 Visa doctor sponsored by Therapeutic Solutions. The purpose of the amendment is to increase the amount of hours Dr. Lotfy is allowed to work under the agreement from two days a week to three days a week. Due to J-1 Visa requirements, the term of this agreement will remain July 1, 2015 through June 30, 2018. The maximum financial obligation under this agreement shall not exceed $687,520 ($235,840 for fiscal year (FY) 2015- 16; $225,840 for FY 2016-17; and 225,840 for FY 2017-18). There are no changes to the hourly rate. This amendment increases the agreement by$234,000 over three fiscal years -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 Crestwood Behavioral Health, Inc. (Crestwood) - Amendment A - Crestwood consists of skilled nursing facilities, mental health rehabilitation centers, and institutions for mental disease, which provide behavioral intervention and psychological and social rehabilitation to consumers with mental disorders in secure residential settings.Approval is requested to amend the agreement with Crestwood to increase bed days and enhancement services needed for client placements through FY 2015-16. The increase is due to additional consumer placement needs. There are no changes to rates, and the term of this agreement will remain July 1, 2015 through June 30, 2016. The maximum financial obligation under this agreement shall not exceed $1,676,000(this is an increase of$725,000) -action requested-APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/24/2015 3.04 Agreement with Aurora Behavioral Healthcare - Aurora Behavioral Healthcare, provides inpatient psychiatric hospitalization services.The State mandates contracting with managed care hospitals based on a county's historical utilization. Butte County Department of Behavioral Health (BCDBH)began drafting the managed care hospital agreements in April but needed to wait for each "host county" (county in which the hospital exists), to negotiate their rates with the hospital for the new fiscal year. Once negotiated, their contract must be fully executed by their respective governing board. The State is notified by the host county of the contracted rates, and all other counties who contract with the hospital utilize those rates per the direction of the State. Due to these requirements, agreements with managed care hospitals are typically approved later in the fiscal year. Approval is requested for an agreement with Aurora Behavioral Healthcare to provide inpatient psychiatric services for clients referred by BCDBH. The term of this agreement is July 1, 2015 through June 30, 2017.The maximum financial obligation under this agreement shall not exceed $700,000 ($350,000 in FY 2015-16 and $350,000 in FY 2016-17) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Behavioral Health) 3.05 Appointment of District 5 Member of the Butte County Mosquito and Vector Control District -Supervisor Teeter nominates Dr.Thomas Vickery as District 5 representative beginning January 2016. The term of his appointment will end December 31,2019-action requested-MAKE APPOINTMENT.(Board of Supervisors) 3.06 Appointment of District 1 Representative to Butte County Resource Conservation District (RCD) - Supervisor Connelly nominates Ray Souza, who is a resident landowner in Oroville, to replace Mary Thompson,who recently resigned from RCD. Mr. Souza's term will end January 2, 2017 -action requested - MAKE APPOINTMENT. (Board of Supervisors) This item was removed from the consent agenda with no action taken. 3.07 Resolution Recognizing Sharon Stone, Director of Child Support Services, Upon her Retirement from Butte County - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Child Support Services) 3.08 Employment Contract-Agricultural Commissioner/Director of Weights and Measures - Board approval of an employment contract with Luis Mendoza, Agricultural Commissioner/Director of Weights and Measures, is requested. The initial salary of the position is $134,400 per year. The contract includes additional terms for sick leave, vacation leave and bilingual pay.The term of the contract is December 31, 2015 through January 10, 2020 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (County Administration) 3.09 Appointment of Nominees in Lieu of Election -Richvale Irrigation District- Pursuant to California 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. Richvale Irrigation District has submitted a request for the appointment of Gary Stone and Lyle Job to four (4) year terms. After the appointments are made,the Clerk of the Board will issue the Certificate of Appointment and Oath of Office document to each appointee - action requested - MAKE APPOINTMENTS AS REQUESTED. (County Administration) PAGE 2 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/24/2015 3.10 Resolution Recognizing Dorothy Smith upon her Retirement from Butte County - The County Administration Department requests approval of a resolution honoring Dorothy Smith upon her retirement after 39 years of dedication and service to Butte County - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.11 Resolution to Amend the Salary Ordinance and Budget Adjustment - The County Administration Department requests the deletion of one (1) Manager,Safety and Risk position and the addition of one(1) Risk Manager position effective December 21, 2015. The department also requests moving the Safety Officer position from the County Administration Department to the General Services Department effective December 21, 2015. This will decrease the total allocations in the County Administration Department by one (1) and increase the total allocations in the General Services Department by one (1). A budget adjustment transferring the related appropriations between departments is also requested. There is no additional fiscal impact to the General Fund related to the transfer - action requested - ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE A BUDGET ADJUSTMENT. (County Administration) 3.12 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, 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 there continue to be landowners with dry wells. 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 CHAIRTO SIGN. (County Administration) 3.13 Agreement with RLJ Solutions LLC -The County has been awarded Community Development Block Grant (CDBG) funds to provide microenterprise technical assistance to low and moderate income small businesses within the unincorporated areas of the County, as well as the incorporated cities of Oroville, Gridley and Biggs.The assistance is provided through the Butte County Business Incubator Program which has been providing technical assistance to small businesses in Butte Countyfor over a decade. RU Solutions was selected through a Request for Proposal process to provide one-on-one technical assistance to small businesses in areas such as marketing, strategic business planning,e-commerce,sales, and other technical assistance services as needed.The term of the agreement is November 24, 2015 through October 31,2017. The maximum financial obligation under this agreement shall not exceed $275,000. Funding for this agreement is provided by CDBG grant funds -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR CONTROLLER. (County Administration) 3.14 Amendment 1 to Interwest Consulting Group Agreement - The amendment with Interwest Consulting Group provides ongoing building permit application processing, building plan check, and building inspection services as needed by the Department of Development Services. Contracting building permit services allows the department to continue providing timely service to the public when department resources are unavailable because of high demand for building-related permits. On average,the contract services are used only when the estimated processing time for plan review exceeds three (3) weeks. Additionally, the agreement allows the department the option to contract for permit and inspection services during an emergency or disaster recovery. The original agreement was executed for five (5) PAGE 3 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/24/2015 months in order to evaluate the viability of utilizing the contractor for building-related permits. The department has determined the contract services are a key element in providing timely service to the public. Amendment 1 increases the amount of the agreement from $24,500 to $300,000 and extends the expiration date from December 31, 2015 to December 31, 2017. Contract services are used on an as- needed basis and estimated not to exceed $138,000 per year -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Development Services) 3.15 Surplus Equipment and E-waste Equipment -The Department of Employment and Social Services (DESS) requests Board approval in declaring the various servers and systems listed in the staff report as surplus. The listed items were originally purchased from 1995 to 2006.The equipment is no longer functional and, therefore,of no use to the Department in any capacity-action requested-DECLARE CAPITAL ASSET ITEMS AS SURPLUS AND DIRECT THE ITEMS BE REMOVED FROM THE CAPITAL ASSET INVENTORY LIST; AND AUTHORIZE THE TRANSFER TO COUNTY SURPLUS IN ACCORDANCE WITH BUTTE COUNTY GENERAL SERVICES DISPOSAL OF SURPLUS POLICY. (DESS) 3.16 Resolution Proclaiming November 2015 as Adoption Awareness Month in Butte County-action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (DESS) 3.17 Contract Award: Chico Library Roof Design / Construction Management with Nichols, Melburg and Rossetto, Inc. -As part of the General Services FY 2015-16 approved Major Maintenance budget,the Chico Library roof is scheduled for replacement. Prior to the construction phase of the project, design changes are necessary to improve roof performance once completed. Staff recommends the approval of a$37,000 contract with Nichols, Melburg and Rossetto, Inc.,a local architectural/engineering firm,to complete final design and construction drawings to allow General Services to obtain formal bids for the construction of the new roof. In addition, Nichols, Melburg and Rossetto will perform construction management services to ensure that the final construction meets the needs of the County. No additional appropriation is necessary- action requested -APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR CONTROLLER; AND APPOINT THE GENERAL SERVICES DIRECTOR AS OFFICER OF THE PROJECT. (General Services) 3.18 Lease Origination with T.W. Dufour & Associates - To make room at 109 Parmac Road, in Chico, for programs intended for the public,the Butte County Department of Behavioral Health administrative office is relocating. To ensure lease stability for a longer term for the programs, the department wishes to discharge the current 109 Parmac Road leases that terminate in December 2016, with T.W. Du Four & Associates and replace the leases with one new lease that terminates November 30, 2020, that includes options to extend. The current monthly lease payment runs$19,303.79 for the 17,083 square feet of office space and the new monthly lease payment will begin at $20,499.60 with escalation clauses typical of the current market conditions written into the lease. Funding for the new leases is included within the FY 2015-16 approved budget and requires no additional appropriations - action requested - APPROVE THE LEASE SUBJECTTO REVIEW BY COUNTY COUNSEL AND AUDITOR CONTROLLER AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 3.19 Resolution to Amend the Salary Ordinance - The Department of Human Resources has prepared a resolution to amend the Salary Ordinance for the following departments: Assessor, Human Resources and Information Systems.These changes will increase the total allocations in the County by one. PAGE 4 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/24/2015 ASSESSOR: request to delete one(1)vacant position of Supervisor,Appraiser/Property Appraiser, Principal and add one (1) Supervisor, Appraiser/Property Appraiser, Principal/Property Appraiser, Senior/Property Appraiser to better meet the department's operational needs. These changes will leave the total allocations in the department unchanged and have no budgetary impact on the County General Fund. HUMAN RESOURCES: request to delete the classifications of Manager GIS and GIS Analyst (Section 57, Reference E (Effective 12/20/14-2% and Effective 01/02/16-2%) of the Salary Ordinance titled, "Butte County Management Supervisory Unit BCMEA"). In conjunction with these deletions, the department requests to add the classifications of Program Manager, Information Systems (Class Code 1332) with a salary range of 63 to Section 57, Reference E of the Salary Ordinance titled, "Butte County Management Supervisory Unit BCMEA". These changes have been agreed to by Human Resources and the applicable employee group. Human Resources is requesting to add one flexibly staffed Human Resources Analyst, Principal/Human Resources Analyst, Senior/ Human Resources Analyst/ Human Resources Analyst,Associate. This position is funded by a transfer of funds from the Department of Behavioral Health. Increasing the allocated positions in Human Resources by one. There is no impact on the County General Fund. INFORMATION SYSTEMS: Concurrent with Human Resource's request above, the IS Department is requesting to reclassify one (1) position of Manager GIS to Program Manager, Information Systems and one (1) position of GIS Analyst to Information Systems Analyst, Senior, effective 11/7/2015. This position will be flexibly staffed.These changes better reflect the departmental needs and duties being performed. These changes will leave the total allocations in the department unchanged and will have no budgetary impact on the County General Fund -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.20 Library Collection Development Policy - In support of the Library's mission, the Collection Development Policy ensures that individuals will have access to materials that meet their needs and interests,and is one of the Library's fundamental policy documents.The policy outlines the philosophies that create and shape the Library's collection of materials, the practices that maintain it over time, and the guidelines that help the Library respond to community needs while protecting the collection from societal and political pressures. The policy is reviewed by the Library every five years at minimum, with consultation of the Library Advisory Board (LAB),who have reviewed and support this update.The revision is substantially the same, but has been reorganized for easier understanding by staff, the LAB, and the public. In addition, it now includes the Library's mission statement;goes into greater detail about the purpose of the policy and the philosophy/scope of the Library collection; explains parental responsibility in children's Library use; clarifies the meaning of collection to include materials in all formats;adds a section to address appropriate use of the many materials gifted to the Library; removes some limitations on periodical subscriptions; details the process for customer suggestions/requests for reconsideration; and places the responsibility for collection development upon the Library's professional staff -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Library) 3.21 Library Radio Frequency Identification (RFID) Project and New Hours -On October 27, 2015,the Board of Supervisors provided direction to the Library to implement four recommendations to improve library services. Recommendation one includes switching Chico's longest hours of service from Thursday to Tuesday and adding two hours per week in Gridley, Oroville and Paradise effective January 2, 2016. Recommendation two includes an increase in hours for a Limited Term Office Specialist and other PAGE 5 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/24/2015 miscellaneous minor efficiency improvements, such as SMS/text message patron notifications, coin-op printing, and software enhancements. Recommendation three adds modern automation, sorting and patron self-service technology to the Chico branch, using up-to-date RFID (radio frequency identification) technology; the full RFID system includes tags for materials, self-service check-out and check-in, security detection, and automated materials handling and sorting. Recommendation four adds modern automation and patron self-service RFID technology to Gridley,Oroville and Paradise branches,and limited RFID upgrades to Biggs and Durham branches. This item updates library hours,adds an additional 0.30 full time equivalent for the Office Specialist position, adds appropriation for the position and technology upgrades and authorizes the purchase of capitalized equipment - action requested - 1) ADOPT RESOLUTIONS(2)AMENDING LIBRARY HOURS AND AMENDING THE SALARY ORDINANCE AND AUTHORIZE THE CHAIRTO SIGN; 2)APPROVE BUDGET ADJUSTMENT FROM GENERAL FUND CONTINGENCIES(4/5 vote required); 3) AUTHORIZE THE PURCHASE OF CAPITAL ASSETS; AND 4) APPOINT THE GENERAL SERVICES DIRECTOR AS OFFICER OF THE RFID PROJECT. (Library) 3.22 Justice Assistance Grant Program Memorandum of Understanding(MOU) -The Probation Department has been notified that grant funds in the amount of$20,351 are available from the U.S. Department of Justice, Office of Justice programs, Bureau of Justice Assistance, the Edward Byrne Memorial Justice Assistance Grant (JAG) program. Disparate jurisdictions are required to submit joint applications for the aggregate of funds allocated under the JAG program. The City of Chico and the County of Butte have been designated as disparate jurisdictions which agreed to apply jointly for funding. The City of Chico will receive $20,351 of the allocation and the County of Butte has deferred interest in the 2015 allocation, in order for the City of Chico to receive the maximum impact of the award.The City of Chico and the County of Butte desire to enter into an MOU for the Justice Assistance Grant. The term of the MOU is October 1, 2015 through September 30, 2016 - action requested - APPROVE THE MOU AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR CONTROLLER. (Probation) 3.23 Tri County Treatment -Tri County Treatment is a Licensed Residential Alcohol and Drug Abuse Recovery and Treatment Facility where participants suffering from chemical dependency can re-establish their lives in a structured, residential facility.The Probation Department has a need for treatment housing for a Male Community Reentry Program to house eligible male participants returned to Butte County for rehabilitative services.Tri County Treatment is qualified and willing to provide said services.The Probation Department requests approval to contract with Tri County Treatment, to provide licensed treatment facility services to eligible male participants. The term of the contract is December 1, 2015 through June 30, 2018 (31 months), with a maximum amount payable of $1,555,950 (FY 2015-16: $351,450; FY 2016- 17: $602,250; FY 2017-18: $602,250) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR CONTROLLER. (Probation) 3.24 California Department of Corrections and Rehabilitation (CDCR) Male Community Reentry Program -CDCR developed a Male Community Reentry Program (MCRP) to achieve prison population reduction benchmarks as ordered by a judicial panel.The MCRP is a voluntary program for male inmates committed to state prison to serve the end of their sentences in the community in lieu of confinement in state prison. The MCRP shall provide or arrange linkage to a range of community-based, rehabilitative services that assist with substance use disorders, mental health care, medical care, employment, education, housing, family reunification,and social support.The MCRP is designed to help participants successfully reenter the community from prison and reduce recidivism.The Butte County Probation Department, in collaboration with Tri County Treatment, shall provide services to participants and administer the operation of the program in accordance with the conditions detailed in the contract. The Probation Department requests PAGE 6 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/24/2015 approval to contract with CDCR.The term of the contract is December 1, 2015 through June 30, 2018 (31 months), with a maximum amount payable of$2,624,600 (FY 2015-16: $639,000; FY 2016-17: $992,800; FY 2017-18: $992,800) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR CONTROLLER. (Probation) 3.25 CDCR Male Community Reentry Program Appropriation and Capital Asset Acquisition - The Probation Department is requesting approval to contract with California Department of Corrections and Rehabilitation (CDCR), to provide Male Community Reentry Program (MCRP) services to eligible male participants. The term of the contract is December 1, 2015 through June 30, 2018 (31 months), with a maximum amount payable of $2,624,600. The Probation Department requests the Board of Supervisors accept the $639,000 for FY 2015-16 as unanticipated revenue, and appropriate the funds within the Probation Department. Included in the Probation Department's contract with CDCR is the purchase of a vehicle for the MCRP.This vehicle will be used to transport MCRP participants to various sites throughout Butte County. The Probation Department requests approval of purchase of a capital asset vehicle using grant funds - action requested - 1) ACCEPT $639,000 AS UNANTICIPATED REVENUE; 2) APPROVE THE BUDGET ADJUSTMENT(4/5 vote required);AND 3)APPROVE THE CAPITAL ASSET PURCHASE OF A VEHICLE. (Probation) 3.26 Contract Change Order No. 2 for Module 5, Phase A Excavation at the Neal Road Recycling and Waste Facility - In May of 2015, Wood Bros., Inc. of Lemoore, California was awarded the Module 5, Phase A Excavation Project contract for the Neal Road Recycling and Waste Facility in the amount of$3,506,160. Module 5 is the next phase of landfill operations and Phase A excavation is the first phase of expansion of the new module. Change Order No. 2 settles miscellaneous extra work claims and increases contract items to reflect the actual amounts used during construction. The total amount of Contract Change Order No. 2 is$16,136.57-action requested-APPROVE CONTRACT CHANGE ORDER NO. 2 AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.27 Oakdale Heights Safe Routes To School (SRTS) Notice of Completion-On June 2015, Franklin Construction, Inc.of Chico,California was awarded the Oakdale Heights SRTS Project contract in the amount of$871,343. The project included 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) 3.28 Agreement for Air Quality Monitoring, Reporting, and Engineering Services at the Neal Road Recycling and Waste Facility (NRRWF) - NRRWF operates under local, state, and federal air quality permits. Air quality regulations are technical and require specialized expertise to draft plans and reports to satisfy permit requirements. SCS Engineers has performed landfill gas monitoring,data collection,and reporting services for the NRRWF since the facility was required to comply with federal air quality regulations in 2004. SCS Engineers ensured reports to local, state, and federal agencies were submitted on time and accurately during the last eleven years. SCS Engineers also successfully negotiated with these agencies on behalf of the County to modify permit conditions to the County's benefit. SCS Engineers maintains a database of all air quality compliance monitoring for the NRRWF. It is advantageous for the County to maintain a complete set of required air quality monitoring data in one location because regulators investigating air quality issues want to see source data going back as far as ten years. When the NRRWF was audited for compliance with air quality regulations, SCS Engineers was able to provide requested data from their PAGE 7 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/24/2015 database to the satisfaction of the regulatory agencies. The agreement with SCS Engineers is for three (3) years. The Department estimates costs of approximately $50,000 per year for the services - action requested -APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Works) 3.29 Request for Relief of Accountability - In April of this year the Sheriff's Office implemented a new inmate personal property management system in the jail. As employees were learning and becoming familiar with the system, an error was made by an employee, a double posting to two inmates' accounts for a total loss of$620. On July 22, 2015,the error was discovered. Two inmates who were booked into the Butte County Jail, the first inmate had $585 on his person and the new system automatically accepted the funds and posted the funds to the inmate's account. That evening, the employee practiced the old procedure of manually entering deposit amounts and inadvertently doubled the deposit action. The second inmate had $35 and the employee followed the same practice. The first inmate was released eleven days after booking and issued a check upon release that included$585 that was not owed to him.The second inmate utilized $35 not owned by him to purchase commissary. By the time of discovery of the error, neither inmate was in custody. The Sheriff's Office is able to post a negative balance to each of the inmate's closed accounts and, in the event they are ever housed again, funds may be recovered. The Auditor's Office investigated the loss and determined there is no evidence that the uncollectable balances are a result of fraud or gross negligence as identified in Government Code section 29390 - action requested -APPROVE REQUEST FOR RELIEF OF ACCOUNTABILITY. (Sheriff-Coroner) 3.30 Cordico Psychological Services Contract Amendment - The Sheriff's Office maintains a contract with Cordico Psychological Services for applicant screening as a step in determining applicant suitability for employment. This services contract is a critical step in evaluating applicants as well as reducing some county liability. The Sheriff's Office has been processing a large number of applications to fill the many department vacancies thus the need to increase the term of this contract and the maximum payable.The Sheriff's Office is requesting to increase the maximum payable by $6,800 for a total three-year contract total of$42,800 and increase the term an additional 8 days through December 8, 2015.The Sheriff's Office intends to have a new three-year contract for Psychological Services prepared and presented at the December 8, 2015 Board meeting - action requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Sheriff-Coroner) 3.31 Reappointment to the Oroville Cemetery District - The District has submitted a request for the reappointment of Allen "JR" Simpson to a term to end January 1, 2019 - action requested - MAKE APPOINTMENT. 3.32 Appointments to Oroville Mosquito Abatement District - The District has submitted a request for the reappointment of Scott Damon as Board member to a term to end December 2017. The District also requests the appointment of Joe Hottinger to fill the remainder of the term of a vacated position (through December 31, 2015) and to a new 2-year term to end December 31, 2017 - action requested - MAKE APPOINTMENTS. 3.33 Introduction of an Ordinance Regarding Compensation of Members of the Board of Supervisors ****This Item was included on the Supplemental Agenda released on Thursday, November 19,2015.***** This item was removed from the consent agenda for discussion on the regular agenda. Please refer to page 9 and 10 of this document. PAGE 8 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/24/2015 MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.06 WHICH WAS REMOVED FROM THE AGENDA AND ITEM 3.33 WHICH WAS REMOVED FOR DISCUSSION ON THE REGULAR AGENDA. (Motion: Kirk; Second: Connelly) VOTE: Motion APPROVED 5 -0 REGULAR AGENDA 4.01 Boards, Commissions and Committees A. Appointments to Listed Vacancies MOTION: I MOVE TO APPOINT JOHN CHRISTOFFERSON AS DISTRICT 1 RCD REPRESENTATIVE. (Motion: Connelly; Second: Lambert) VOTE: Motion APPROVED 5 -0 B. 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 requested that staff work on signage for Ag Tourism. He provided an example of the type of signage used in Sonoma County. Paul Hahn said that he would ask staff to look into it. Supervisor Kirk attended a meeting put on by Probation at the Salvation Army. Supervisor Connelly requested a letter of support for the Sutter Butte Flood Control Agency(SBFCA). Supervisor Lambert reported on town hall meetings in Nelson and Durham regarding the Midway Bridge construction project. He reported there will be more meetings to in the future to get public input on the project. Supervisor Teeter reported on his town hall meeting in Stirling City. 4.02 Update of Current Budget/Legislative Issues by the Chief Administrative Officer-action requested - PROVIDE DIRECTION TO STAFF. Paul Hahn provided a report. 4.03 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. 3.33 Introduction of an Ordinance Regarding Compensation of Members of the Board of Supervisors - The salary of members of the Board of Supervisors (Board Members) is set by ordinance. The current ordinance, Ordinance No. 4079, specifies that each year the salary of each Board Member shall be increased by the percentage increase of the salary for judges, as specified in Government Code Section 68203, provided, however, that the annual increase in the salary shall in no case exceed five percent. Historically, the County has received notification from the Judicial Council of California -Administrative PAGE 9 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/24/2015 Office of the Courts (AOC) on any changes in judicial salaries, often retroactively. No notifications have been received by the County from the AOC since November of 2013, when judicial salaries increased by 1.4% retroactively to July 1, 2013. Board Members then received the 1.4% increase 12-months later, on July 1, 2014. The County just received notification from Superior Court staff on November 19, 2015 that judicial salaries were increased twice in the past 18 months: by 1.83%effective July 1, 2014 and by 2.4% effective July 2015. With the current annual salary set at$53,756,the combined increases of 1.83%and 2.4%will increase the annual salary of Board Members by$2,274 to$56,030 per year, effective February 13, 2016. The ordinance to be introduced replaces Ordinance No. 4079 to reflect the new annual salary of Board Members - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. (County Administration) ***This Item was included on the Supplemental Agenda released on Thursday, November 19, 2015.***** This item was removed from the consent agenda for discussion on the regular agenda. Paul Hahn, Chief Administrative Officer, introduced this item. The following individuals addressed the Board: Christine Daniels; Gary Stuckey; Christine Perry; Cara James; and Mike Ramsey. MOTION: I MOVE TO WAIVE THE FIRST READING OF THE ORDINANCE. (Motion: Wahl; Second: Connelly) VOTE: Motion APPROVED 5 -0 4.04 Contract Extension, Butte County Correction Officer's Association-General Unit (BCCOA-Gen) - The County and the bargaining team for the BCCOA-Gen have met and conferred over a contract/MOU extension for the existing contract/MOU that is set to expire on May 19, 2016. BCCOA-Gen has ratified the terms of the County's offer for a contract/MOU extension, extending the term from May 20, 2016,to May 19, 2017. The terms of the extension are included in the staff report and the Side Letter of Agreement. Concurrent with the Side Letter of Agreement extending the term of the MOU, "Section 57A- Butte County Correctional Officers' Association-General Unit Classifications (BCCOA-Gen)" of the Salary Ordinance needs to be amended to reflect the wage increase (Effective 05/21/16) that was negotiated with BCCOA-GEN and included in the Side Letter of Agreement extending their MOU -action requested - ADOPT THE SIDE LETTER OF AGREEMENT WITH THE BCCOA-GEN AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPTTHE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) Brian Ring, Human Resources Director, provided a report. MOTION: I MOVE TO ADOPTTHE SIDE LETTER OF AGREEMENT WITH THE BCCOA-GEN AND AUTHORIZE THE CHAIR TO SIGN;AND ADOPTTHE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Motion: Kirk; Second: Connelly) VOTE: Motion APPROVED 5 -0 4.05 Successor MOU, Butte County Management Employees Association (BCMEA) and Resolution Amending the Salary Ordinance-Over the past several months,the County and the bargaining team for the BCMEA PAGE 10 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/24/2015 have met and conferred over a successor MOU. BCMEA has ratified the terms of the County's offer for a successor MOU that will supersede and replace the current MOU that will expire on January 1, 2016. Concurrent with the adoption of the successor MOU, "Section 57E-Butte County Management and Supervisory Unit Classifications (BCMEA)" of the Salary Ordinance needs to be amended to reflect the wage increase (effective 01/02/16) that was negotiated with BCMEA and included in their MOU - action requested - ADOPT THE SUCCESSOR MOU FOR THE BCMEA AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) Brian Ring, Human Resources Director, provided a report. MOTION: I MOVE TO ADOPT THE SUCCESSOR MOU FOR THE BCMEA AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Motion: Kirk; Second: Connelly) VOTE: Motion APPROVED 5 -0 4.06 Successor Salary and Benefits Resolution, Non-Represented (NONREP) Classifications and Resolution Amending the Salary Ordinance-Over the past couple of months,the County and the representatives for the NONREP have met and conferred over a successor Resolution of the County of Butte Regarding Salary and Benefits for Non-Represented Employees. NONREP agreed to the terms of the County's offer for a successor Resolution that will supersede and replace the current Resolution. Concurrent with the adoption of the successor Resolution, "Section 57L-Non-Represented Classifications" of the Salary Ordinance needs to be amended to reflect the wage increases (effective 01/02/16) and (effective 12/31/16) that were negotiated with NONREP and included in the Resolution Regarding Salary and Benefits - action requested - APPROVE SUCCESSOR RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPTTHE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) Brian Ring, Human Resources Director, provided a report. MOTION: I MOVE TO ADOPT THE SUCCESSOR RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Motion: Kirk; Second:Teeter) VOTE: Motion APPROVED 5 -0 4.07 Successor Salary and Benefits Resolution, Confidential Employees Unit (CONF) and Resolution Amending the Salary Ordinance-Over the past couple of months,the County and the representatives for the CONF have met and conferred over a successor Resolution of the County of Butte Regarding Salary and Benefits for Confidential Classifications. CONF agreed to the terms of the County's offer for a successor Resolution that will supersede and replace the current Resolution. Concurrent with the adoption of the successor Resolution, "Section 57F-Confidential Classifications" of the Salary Ordinance needs to be amended to reflect the wage increase (effective 01/02/16) and (effective 12/31/16)that were negotiated with CONF and included in the Resolution Regarding Salary and Benefits - action requested -APPROVE SUCCESSOR PAGE 11 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/24/2015 RESOLUTION AND AUTHORIZE THE CHAIRTO SIGN;AND ADOPTTHE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) MOTION: I MOVE TO ADOPT THE SUCCESSOR RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Motion: Lambert; Second:Teeter) VOTE: Motion APPROVED 5 -0 4.08 Executive Assistant Benefits Resolution and Resolution to Amend the Salary Ordinance -The Department of Human Resources has prepared a Benefits Resolution for the Executive Assistant to the County Supervisors. Concurrent with the Resolution, "Section 58C-Appointed Officials with Bi-Weekly Range Assignment" of the Salary Ordinance needs to be amended to reflect the wage increases (effective 01/02/16) and (effective 12/31/16) for the Executive Assistant, County Supervisor classification - action requested - ADOPT THE BENEFITS RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT THE RESOLUTION AMENDING THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) Brian Ring, Human Resources Director, provided a report. MOTION: I MOVE TO ADOPT THE BENEFITS RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT THE RESOLUTION AMENDING THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Motion: Wahl; Second: Connelly) VOTE: Motion APPROVED 5 -0 4.09 Request to Remove a Pine Tree in the County Right-of-Way - On November 10, 2015, The Board of Supervisors considered a request from the property owner at 970 Cleveland Avenue in the Chapman neighborhood to have a County tree removed because its shade interferes with the property owner's ability to place roof-top solar on his home.The property owner presented information indicating the tree is unstable and a nuisance.The property owner also expressed his willingness to plant three(3) new trees to help replace the existing pine tree if it is removed.The trees would become County-owned trees.The Board directed Public Works to review the information provided by the property owner, confirm the tree's health, and place the request on a future agenda. Public Works reviewed the additional information presented by the property owner,which included an indication the tree roots were cut during a recent PG&E gas line project on Fetter Street. A Public Works staff member, certified as an Arborist, visually examined the tree and noted it appears trenching was completed near the tree, but not near enough for structural roots to be cut. Some smaller roots may have been cut during the trenching. The tree does have a lean, but appears to be stable and healthy. The department recommends the tree not be removed by the County and determined two options are available to the Board in consideration of the request. Both options require Resolution 66-29 be rescinded. The options include: 1) approve the removal of the pine tree bythe property owner using a licensed contractor with the proper encroachment permit and insurance protecting the County, and accept the donation of three new trees in the County right-of-way; or 2) deny the request to remove the pine tree - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND PROVIDE DIRECTION TO THE DEPARTMENT REGARDING REMOVAL OF THE TREE. (Public Works) PAGE 12 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/24/2015 Mike Crump, Director of Public Works, provided a report. Mr. Brown,the property owner, addressed the Board. MOTION: I MOVE TO LETTHE COUNTY REMOVE THE TREE AND LET HIM (THE OWNER) PLANTTHREE REPLACEMENT TREES. (Motion: Wahl) Motion failed to carry for lack of second. MOTION: I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND LET THE PROPERTY OWNER REMOVE THE TREE AT HIS OWN EXPENSE AND PLANT THREE COUNTY APPROVED TREES. (Motion: Connelly; Second: Wahl) VOTE: Motion APPROVED 5 -0 4.10 Financial Report for Fourth Quarter FY 2014-15 and First Quarter FY 2015-16 - The combined Financial Report for the Fourth Quarter of 2014-15 and the First Quarter 2015-16 provides an update on the national, state and local economies; summarizes the quarterly analysis of expenditures and revenues; provides an update on cash balances; and reports on long-term debt - action requested - ACCEPT FOR INFORMATION. (County Administration) Meegan Jessee, Deputy Administrative Officer, provided a report. PUBLIC HEARINGS AND TIMED ITEMS 5.01 9:40 a.m. -Public Hearing-Accomplishments for Community Development Block Grant(CDBG) 12-CDBG- 8374-Butte County received a CDBG grant in 2012 from the State Department of Housing and Community Development(HCD).On December 21, 2012,the County entered into a Grant Agreement with HCD in the amount of$252,703 to complete the following activities: 1) microenterprise technical assistance services; 2)a portion of the planning study titled County-wide Americans with Disabilities Act(ADA)Self-Evaluation and Transition Plan; and 3) grant administration. The activities funded by the 12-CDBG-8374 grant are complete. Grant recipients are required to collect information on each activity funded by a Grant Agreement and provide it in Completion Reports when a grant is complete. Grantees are also required to hold a public hearing before the Board to discuss the Completion Reports and accomplishments of the grant - action requested - HOLD A PUBLIC HEARING AND ACCEPT FOR INFORMATION. (County Administration) Heather MacDonald, Management Analyst,and Chris Little,Assistant Human Resources Director provided a report. 5.02 9:45 a.m. -Timed Item - Approval of the Butte County Community Wildfire Protection Plan -The Butte County Community Wildfire Protection Plan (CWPP)/CAL FIRE Butte Unit Strategic Fire Plan was collaboratively developed and has been updated periodically since 2006. The plan has been updated for 2015-2020. The CWPP enables a community to plan how it will reduce the risk of wildfire. The plan identifies strategic sites and methods for fuel reduction projects across the landscape and jurisdictional boundaries. Benefits of having a CWPP include National Fire Plan funding priority for projects identified PAGE 13 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/24/2015 in a CWPP - action requested - AUTHORIZE CHAIR TO SIGN THE CAL FIRE BUTTE UNIT FIRE PLAN/BUTTE COUNTY COMMUNITY WILDFIRE PROTECTION PLAN. (Fire) Butte County Fire Chief Greg McFadden introduced this item. Chip Fowler, with Butte County Fire, provided a report. Mr. Wilson, Chair of the Fire Safe Council was also addressed the Board. MOTION: I MOVE TO AUTHORIZE THE CHAIR TO SIGN THE CAL FIRE BUTTE UNIT FIRE PLAN/BUTTE COUNTY COMMUNITY WILDFIRE PROTECTION PLAN. (Motion: Wahl; Second: Connelly) VOTE: Motion APPROVED 5 -0 PUBLIC COMMENT(each speaker limited to five minutes) Mark Leiker addressed the Board. The Board requested staff work with Mr. Leiker to look into the situation and provide a report back to the Board at a future date. BOARD OF SUPERVISORS CLOSED SESSION-Adjourned to Closed Session on the following items: 7.01 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO 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 7.02 PUBLIC 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 RESOURCE CONSERVATION DIRECTOR PAGE 14 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES- 11/24/2015 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 DECEMBER 8, 2015. BILL CONNELLY, CHAIR BUTTE COUNTY BOARD OF SUPERVISORS ATTEST: Paul Hahn, Chief Administrative Officer and Clerk of the Board PAGE 15