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HomeMy WebLinkAboutA022619-CA LI F0RN!!IA - SHARI MCCRACKEN CHIEF ADMINISTRATIVE OFFICER & CLERK OF THE BOARD 1. CALL TO ORDER BUTTE COUNTY BOARD OF SUPERVISORS REGULAR MEETING AGENDA FEBRUARY 26, 2019 9:00 Ann MEETING LOCATION BOARD OF SUPERVISORS CHAMBERS 25 COUNTY CENTER DRIVE, SUITE 205 OROVILLE, CALIFORNIA 95965-3380 Pledge of Allegiance Observation of a Moment of Silence 2. CORRECTIONS AND/OR CHANGES TO THE AGENDA 3. CONSENT AGENDA MEMBERS OF THE BOARD STEVE LAMBERT, CHAIR, DISTRICT 4 BILL CONNELLY, DISTRICT 1 DEBRA LUCERO, DISTRICT 2 TAW RITTER, DISTRICT 3 DOUG TEETER, VICE CHAIR, DISTRICT 5 BRUCE ALPERT, COUNTY COUNSEL 3.01 Contract Amendment with California TV, LLC for Opioid Prevention and Education Advertising California TV, LLC is the parent company of the television stations KHSL, KNVN, CW, and Telemundo. It provides broadcasting services in the Chico -Redding designated market area. The Department of Behavioral Health recommends amending the contract with California TV, LLC to add opioid prevention and education commercials and digital advertising. The amendment increases the maximum payable amount by $45,697, not -to -exceed $54,197. All other terms remain the same — action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) 3.02 Agreement Amendment with the State Department of Health Care Services (DHCS) for Substance Use Disorder (SUD) Services and Resolution Authorizing Agreement Amendment - The DHCS standard agreement provides State and federal funding for a majority of the Department of Behavioral Health's SUD programs. The Department recommends amending the agreement with DHCS for SUD services. The amendment modifies the terms and conditions and increases the maximum payable amount by $1,366,472, not -to -exceed $13,156,832. All other terms remain the same — action requested — 1) APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE ASSISTANT DIRECTOR OF BEHAVIORAL HEALTH AND THE CHAIR TO SIGN; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) Page 1 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - FEBRUARY 26, 2019 3.03 Resolution Authorizing Acceptance of the County of Butte Noncompetitive Allocation Award under the No Place Like Home (NPLH) Programs - The State Department of Housing and Community Development (HCD) has approximately $190 million available in funds for the NPLH program. All counties are eligible for an allocation of these funds, which HCD will award on a noncompetitive basis. The NPLH program provides deferred payment loans to counties for the development of permanent supportive housing for people with a serious mental illness who are homeless, chronically homeless, or at -risk of chronic homelessness. NPLH funds may be used to acquire, design, construct, rehabilitate, or preserve permanent supportive housing, which may include a Capitalized Operating Subsidy Reserve. The Department of Behavioral Health recommends accepting an anticipated allocation of $1,659,786 for the NPLH program — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) 3.04 Contract with Tre'Creative, LLC for Prevention Program Photo and Video Services - Tre'Creative, LLC is a local company that has been providing photography and video services since 2011. These services include providing photo/video production for the Department of Behavioral Health's prevention program to decrease youth alcohol and drug use. The Department of Health Care Services (DHCS) awarded the Department additional funding through the Partnerships for Success grant, which funds opioid prevention education. Within the grant amendment, DHCS specifies that the Department contract with Tre'Creative, LLC for these tasks. The Department recommends entering into a contract with Tre'Creative, LLC for photography and video production for the Athlete Committed, and Opioid Prevention and Education programs. The term of the contract is upon execution through June 30, 2019, not -to -exceed $40,350 — action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) 3.05 Approval of Minutes for Board of Supervisors Meeting - Submitted for approval are the minutes for the February 12, 2019, Board of Supervisors regular meeting — action requested - APPROVE FEBRUARY 12, 2019, BOARD OF SUPERVISORS REGULAR MEETING MINUTES AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.06 Budget Adjustment for Disaster Recovery Initiative Loan Relief - In 2008, many Butte County residents' homes were destroyed due to wildfires. The County applied for and received Community Development Block Grant (CDBG) dollars through the Disaster Recovery Initiative (DRI) Program in 2010. The County was able to reconstruct 25 homes destroyed in the 2008 wildfires, predominantly in the Concow area, with the awarded CDBG DRI dollars. The homeowners received seven-year forgivable loans to reconstruct their homes. The loans are reduced by one-seventh each year as long as the homeowner maintains insurance, stays current on property tax payments, and submits an annual Certificate of Occupancy. Tragically, most of the 25 homes that were rebuilt after the 2008 fires, were destroyed again on November 8, 2018 in the Camp Fire. At the Board of Supervisors' December 11, 2018 meeting, the Board approved relief of loan balances for CDBG DRI homeowners whose homes were destroyed again in the Camp Fire. Staff is now requesting additional budget appropriations to complete the relief of loan balances — action requested - APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (County Administration) Page 2 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - FEBRUARY 26, 2019 3.07 Budget Adjustment for State and Federal Emergency Reimbursement - The County is continuing to respond to the Camp Fire, the most deadly and destructive wildfire in California history. The response and recovery have required millions of dollars in expenses and substantial hours of staff time, some of which will be reimbursed through State and federal programs. In January, the County submitted an expedited claim for $15.3 million for portions of the emergency response. The expedited claim provides an advance payment of approximately 50% of the estimated reimbursable costs to help the County manage cash flow. The County expects to receive $6.7 million in the coming weeks. Over the coming months and years, the County will continue to receive funds from both State and federal programs for reimbursable emergency related costs. The County anticipates that these funds will be the subject of future audits. In an effort to ensure very clear accounting for these funds, staff recommends a budget adjustment creating a new non-operating fund that will receive all State and federal emergency reimbursement. The funds will then be transferred to the appropriate operating fund. The General Services budget currently includes anticipated State and federal emergency reimbursement funds, and the recommended budget adjustment reduces the anticipated revenues in General Services and redirects the revenue through the new fund — action requested - APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (County Administration) 3.08 Letter to Butte Local Agency Formation Commission (LAFCo) Supporting Extension of Sewer for New Residential Development in the Chapman and Mulberry Neighborhoods - The Camp Fire was the most destructive wildfire in California history. The fire burned nearly 14,000 homes in the Town of Paradise and the unincorporated communities of Paradise Pines, Magalia, Concow, Yankee Hill, Pulga, Butte Creek Canyon, Butte Valley, and surrounding areas. The Camp Fire created a housing shortage throughout Butte County. Fire survivors continue to search for temporary and permanent housing options, so they may remain in the community near their jobs, medical providers, and community support systems. The demand for housing has created several inquiries for residential development in the unincorporated portions of the Chapman and Mulberry neighborhoods, including an affordable Habitat for Humanity housing project. The Sewer Service Extension and Annexation Agreement between Butte LAFCo and City of Chico does not allow connection to sewer for expansion of existing uses of development of vacant parcels in the Chapman and Mulberry areas until annexation. This provision does not allow housing stock to be built during this unprecedented housing shortage. The Board of Supervisors directed staff to draft a letter to Butte LAFCo allowing sewer service to new residential development prior to the Chapman and Mulberry annexations being recorded in July 2020. The Department of Development Services would coordinate with the City of Chico Community Development Department on processing development projects prior to the annexation — action requested — APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.09 Adoption of Ordinance Amending Chapters 26 and 28 of the Butte County Code - The Department of Development Services introduced amendments to Chapter 26-2 and 28A-1 of the Butte County Code on January 29, 2019, limiting the age of manufactured homes installed in the County to 10 years. On a 4-0 vote, the Board of Supervisors waived the first reading of the ordinance and provided direction to increase the age limit to 12 years. After further discussion at the February 12, 2019 Board Meeting, the Board voted 3-2 vote in favor of amending the ordinance to the originally proposed 10 -year age limit, and waived the first reading of the amended ordinance — action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) Page 3 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — FEBRUARY 26, 2019 3.10 Contract Amendment with Intellix Solutions, LLC - The District Attorney's Office recommends amending the contract with Intellix Solutions, LLC, to construct and test computer system integrations between the new District Attorney's case management system, the case management systems used by several law enforcement agencies, and the jail computer system. The amendment increases the maximum amount payable by $20,800, not -to -exceed $102,800. All other terms remain the same — action requested — APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (District Attorney) 3.11 Resolution Adopting a Standard of Aid for General Assistance (GA) and Amendments to the General Assistance Manual — The GA is a program which provides temporary financial aid to eligible indigent County residents. The GA is mandated by law and is funded by County General Fund. The Director of Employment and Social Services recommends that the Board of Supervisors approve a resolution setting the GA rate at $369 per month effective April 1, 2019. This is an increase of 10%. The Department estimates the total increase to be $44,880 through the remainder of FY 2018-19. The rate increase is in accordance with State Welfare and Institution Code section 17000.5, which links any adjustment made in the CalWORKs program to a corresponding increase in the GA program — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) 3.12 Notice of Completion and Ratification of Change Orders for Communication Infrastructure Projects - On November 28, 2017, the Board of Supervisors awarded a $558,775 contract to L. D. Strobel, Inc. for infrastructure projects at several Butte County communication sites. The projects required a total of 10 change orders totaling $34,438, primarily targeted at improving electrical grounding conditions, bringing the total cost of the projects to $593,213. All contract work has been completed, inspected, and approved by the Department of Development Services, the Department of Information Systems, and the Department of General Services. Staff recommends that the Board ratify the change orders, accept the work as complete and execute the Notice of Completion to be recorded —action requested —1) RATIFY THE CHANGE ORDERS; 2) ACCEPT THE WORK AS COMPLETE; AND 3) AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION. (General Services) 3.13 Resolutions Regarding Salary and Benefits of Confidential, Non -Represented, and Executive Assistant -County Supervisor, and Ratify Chief Administrative Officer Authorization of 24 hours of Paid Time Off for Select Confidential Unit Employees - The majority of Butte County bargaining unit agreements contain a provision that authorizes the Chief Administrative Officer to grant additional administrative leave in certain extraordinary circumstances, such as disasters. This provision is absent in the bargaining unit agreements for the Confidential, Non -Represented, and Board of Supervisors Executive Assistants. In an effort to standardize the process for granting additional administrative leave hours for exempt employees, the Department of Human Resources recommends amending these resolutions to match the current provisions in place with the other bargaining units. Additionally, the Chief Administrative Officer inadvertently authorized 24 hours of paid time off for the Confidential Unit when she authorized additional time off for similarly situated bargaining units, and recommends ratification of the paid time off for the Confidential Unit— action requested —1) RATIFY 24 HOURS OF PAID TIME OFF FOR SELECT CONFIDENTIAL UNIT EMPLOYEES; AND 2) ADOPT RESOLUTIONS (3) AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) Page 4 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - FEBRUARY 26, 2019 3.14 Resolution to Amend the Salary Ordinance -The Department of Human Resources has prepared a resolution to amend the Salary Ordinance for the following departments: AUDITOR -CONTROLLER: Extend an Accounting Specialist term position that is set to expire on March 1, 2019 to June 30, 2019, in order to address the operational needs of the Department. Total allocations to remain unchanged. Additional cost for extending the position will be funded by salary savings and will have no impact on the General Fund Budget. HUMAN RESOURCES: Amend Section 28 Reference C of Salary Ordinance No. 4149 of the County of Butte entitled "General Unit" by adding the classification of "Sheriff's Community Service Officer". This classification will provide the Sheriff flexibility in determining staffing plans. The applicable employee group has agreed to these changes. INFORMATION SYSTEMS: Delete 1 vacant flexibly staffed Information Systems Technician position, delete 1 vacant Telecommunications Technician, Senior position and delete 1 vacant Telecommunications Technician position. These vacancies are a result of an internal promotion and departmental restructuring. Total allocations to decrease by 3. There will be no impact on the General Fund Budget. TREASURER -TAX COLLECTOR: Delete 1 flexibly staffed Accounting Specialist position and delete 1 flexibly staffed Financial Technician position. Add 2 flexibly staffed Financial Technician/Accounting Specialist/Account Clerk, Senior positions. These changes will provide consistency between positions and better meet the business needs of the Department. Total allocations to remain unchanged. There will be no impact on the General Fund Budget. Action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.15 Budget Adjustment for the Family Literacy Grant - The Library Department received a grant of $60,000 for the Family Literacy Program administered through California Library Literacy Services. These funds provide support services to low -literate adults and their families. In collaboration with community partners, the Department will offer a professional development opportunity around family literacy, engaging family literacy outreach, literacy materials, and the development of a tool to assist Library staff in best serving low -literate adults and their families. The Department recommends approval of a budget adjustment for the grant — action requested - APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Library) 3.16 Budget Adjustment for Additional Adult Literacy Program Allocations - The Library Department received an unanticipated $3,665 increase in the allocation from the California Library Literacy Services for the adult literacy program. The Department recommends approval of a budget adjustment to appropriate these funds — action requested - APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Library) Page 5 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - FEBRUARY 26, 2019 3.17 Post Release Community Supervision Unanticipated Revenue, Budget Adjustment, and Contract Amendment with Tri County Treatment (TCT) for Licensed Residential Alcohol and Drug Abuse Recovery/Treatment -The Probation Department recently received an unanticipated allocation of $287,000 for Post Release Community Supervision. The allocation of funds was provided to County Probation Departments to address the limited -term increase of offenders as a result of a U.S. District Court decision to increase time served credit earnings for certain offenders. The Department currently contracts with TCT for Licensed Residential Alcohol and Drug Abuse Recovery and Treatment for Male Community Reentry Program (MCRP) participants suffering from chemical dependency. TCT has and will continue to provide significantly more transportation services for MCRP participants than was originally anticipated. Transportation services include, but are not limited to, DMV appointments, educational classes, and weekly shopping for personal necessities. The Department recommends amending the contract with TCT for additional transportation services as needed through the remainder of FY 2018-19. The amendment increases the maximum payable amount by $18,100, not -to -exceed $3,177,850. All other terms remain the same. The use of the remainder of the unanticipated funding in the amount of $268,900 will be determined at a later date — action requested —1) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); AND 2) APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Probation) 3.18 Contract with Butte Environmental Council for Public Outreach and Education Services for Recycling and Solid Waste/Household Hazardous Waste Reduction - On January 14, 2019, the Public Works Department issued a Request for Proposals (RFP) for public education and outreach services for education on recycling and solid waste and household hazardous waste management. The Department received one response from a local non-profit. Staff reviewed the proposal to determine respondent capabilities, experience with like projects, and work plan and cost as described in the RFP. The review resulted in Butte Environmental Council being awarded the project. Butte Environmental Council's work will complement Department efforts in education and outreach on a wide range of recycling and waste reduction subjects including: general recycling, backyard composting, vermicomposting, household hazardous waste management, and used oil/filter recycling. Outreach will consist of school in -classroom presentations with mobile Recycling and Rubbish Education, community events, and used oil recycling education programs in high school auto shops. The term of the agreement is February 26, 2019 through February 26, 2022, not -to -exceed $83,087 — action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) Page 6 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — FEBRUARY 26, 2019 3.19 Contract with Innovative Construction Solutions, for the Reconstruction of Gas Collection and Control System at the Neal Road Recycling and Waste Facility (NRRWF) - The Reconstruction of the Gas Collection and Control System at the NRRWF, County Project No. 757-7519-06 will provide for the repair of the gas collection and control system that was damaged during the Camp Fire in November 2018. Work will consist of removal of damaged landfill gas collection components; minor excavation; minor placement of fills; landfill gas well repairs and/or replacement; gas collection zone well repair and/or replacement; installation of a condensate sump; and installation of High -Density Polyethylene pipe landfill gas headers, laterals, fittings and valves. The project was advertised beginning January 18, 2019. Six bids were received and opened on February 8, 2019. The low bidder was Innovate Construction Solutions of Costa Mesa, with a low bid of $1,010,193.25. This bid is 9.75% above the Engineers Estimate for the project of $920,412.50. The Department reviewed the bids and other required documents submitted with the bid and determined that Innovative Construction Solutions bid is responsible and responsive to the bid request. The plans and specifications for this project are on file at the Department of Public Works Office at 9 County Center Drive in Oroville — action requested —1) APPROVE THE PLANS AND SPECIFICATIONS; 2) AUTHORIZE CHAIR TO SIGN THE PLANS; AND 3) AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER, INNOVATIVE CONSTRUCTION SOLUTIONS OF COSTA MESA, CA IN THE AMOUNT OF $1,010,193.25 AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE CONTRACT DOCUMENTS. (Public Works) 3.20 Membership Composition of the Local Planning Council (LPC) — The Butte County Office of Education submits its annual request for Board of Supervisors' certification of the composition of the LPC membership — action requested —APPROVE MEMBERSHIP COMPOSITION OF THE LPC AND AUTHORIZE THE CHAIR TO SIGN THE CERTIFICATION STATEMENT. (Other — Butte County Office of Education) 4. REGULAR AGENDA 4.01 Items Removed from the Consent Agenda for Board Consideration and Action 4.02 Boards, Commissions, and Committees (List available at http://www.buttecounty.net/clerkoftheboard/AppointmentsList.aspx) A. ADDointments to Listed Vacancies Page 7 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — FEBRUARY 26, 2019 Appointments to the Southside Oroville Community Center (SOCC) Advisory Committee In 2000, the County and the City of Oroville (City) amended a Memorandum of Understanding for the administration of the SOCC, replacing the Management Committee with a nine member SOCC Advisory Committee (Advisory Committee); to review and make recommendations to the Board of Supervisors on issues relative to the ownership and operation of the SOCC. The Advisory Committee is composed of: the County Chief Administrative Officer; the City Administrator of the City of Oroville; the Butte County General Services Director; and two members from the private sector, the Southside Oroville Community, and community based organizations/districts; one member of each group appointed by the Board, and one appointed by the City. Currently, all terms of the members appointed by the Board have expired. The Department of General Services has received applications requesting appointment to the SOCC Advisory Committee from: Marlene Del Rosario as the Private Sector Member; David Goodson as the Southside Oroville Community Member; and Francine Mendenhall as the Community Based Organization / District Member. All terms to coincide with the term of the District 1 Supervisor, and shall expire on January 4, 2021— action requested — 1) APPOINT MARLENE DEL ROSARIO AS THE PRIVATE SECTOR MEMBER; 2) APPOINT DAVID GOODSON AS THE SOUTHSIDE OROVILLE COMMUNITY MEMBER; AND 3) APPOINT FRANCINE MENDENHALL AS THE COMMUNITY BASED ORGANIZATION / DISTRICT MEMBER TO THE SOUTHSIDE OROVILLE COMMUNITY CENTER ADVISORY COMMITTEE, WITH ALL TERMS ENDING JANUARY 4, 2021. (General Services) 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) 4.03 Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer 4.04 Interim Appointment - Director, Public Health - The Chief Administrative Officer (CAO) recommends that the Board of Supervisors appoint Aaron Quin, Assistant Director -Public Heath, as Interim Director -Public Health, effective March 1, 2019 through June 30, 2019. The CAO recommends setting the salary at the minimum salary ($140,146/year) as listed in section 29, Reference A, of the Butte County Salary Ordinance. In addition, the CAO recommends providing the Appointed Department Head mileage allowance of $620/month. Mr. Quin will retain all other rights and benefits of his current position in the Non Represented Unit and the right to return to his current position of Assistant Director -Public Health when the interim assignment is completed — action requested — 1) APPOINT AARON QUIN AS INTERIM DIRECTOR -PUBLIC HEALTH EFFECTIVE MARCH 1, 2019 THROUGH JUNE 30, 2019; 2) SET THE SALARY FOR THE INTERIM APPOINTMENT ASTHE MINIMUM ANNUAL SALARY FOR THE DIRECTOR -PUBLIC HEALTH AT $140,146, AS LISTED IN SECTION 29, REFERENCE A, OF THE BUTTE COUNTY SALARY ORDINANCE, EFFECTIVE MARCH 1, 2019; 3) PROVIDE MILEAGE ALLOWANCE AT THE RATE OF $620/MONTH; 4) DOCUMENT BY MINUTE ORDER MR. QUIN'S INTERIM APPOINTMENT; THE ANNUAL SALARY; MILEAGE ALLOWANCE; AND RETENTION OF ALL OTHER RIGHTS TO AND BENEFITS OF MR. QUIN'S CURRENT POSITION WHEN THE INTERIM ASSIGNMENT IS COMPLETED. (County Administration) 4.05 Financial Report for Second Quarter Fiscal Year (FY) 2018-19 -The Financial Report for the Second Quarter of FY 2018-19 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 current pension, retiree health and long-term debt obligations as of December 31, 2018 — action requested — ACCEPT FOR INFORMATION. (County Administration) Page 8 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - FEBRUARY 26, 2019 4.06 2018 Groundwater Status Report and Basin Management Objectives - Pursuant to Chapter 33 and Chapter 33A of the Butte County Code, the Department of Water and Resource Conservation is required to collect data on groundwater conditions (elevation, water quality) and land subsidence. The Department is required to report to the Board of Supervisors each February on the status of groundwater conditions and the Basin Management Objectives (BMO) program. The 2018 Groundwater Status Report includes a summary of hydrologic conditions for the 2018 water year, groundwater conditions, results from the water quality trend monitoring program and land subsidence data. The BMO Ordinance specifies the methodologies for BMOs (i.e. desirable groundwater conditions) and Alert Stages (i.e. conditions relative to historical lows). The 2018 water year (WY) was classified as a "below normal" water year in the Sacramento Valley with below average precipitation on the Northern Sierra 8 -Station index. Modest declines to groundwater levels, were observed from the last WY, specifically in groundwater dependent areas of the County. Almost half of the monitored wells remain near historical lows. Water quality results show no indication of saline intrusion into the basin. No inelastic land subsidence has been recorded in Butte County to date. The report was reviewed by the Technical Advisory Committee on January 17, 2019, and was presented to the Water Commission on February 6, 2019. The full report and the appendices are available online - action requested - ACCEPT FOR INFORMATION. (Water and Resource Conservation) 5. PUBLIC HEARINGS AND TIMED ITEMS 5.01 9:20 am - Mandville Park Subdivision Public Hearing to Establish Butte County Permanent Road Division Zone of Benefit No. 004 - On January 29, 2019, the Board of Supervisors adopted Resolution No. 19-014, a Resolution of Intent to establish the Butte County Permanent Road Division (PRD), Zone 004 for the Mandville Park Subdivision. The resolution set the date and time of February 26, 2019, at 9:20 a.m. to hold a Public Hearing to consider the formation and extent of the zone, the proposed assessment, and to consider all written and oral testimony and protests against the proposed formation and assessment. In addition, this is the opportunity to tabulate the ballots, and determine whether to form the Butte County PRD, Zone 004 and levy the assessment as described. The Mandville Park Subdivision is located in the North Chico Specific Plan area north of Chico off of Garner Avenue. The project will create 24 parcels. The developer has constructed a street network system to serve the parcels. The streets have been constructed to the County standard for a paved residential street in the North Chico Specific Plan area with roadside ditches and storm drain facilities. The Department of Public Works recommends the Mandville Park Subdivision be allowed to form a zone of benefit within the Butte County PRD and that the formation of this zone, named Zone 004, be considered by the Board after holding the Public Hearing. The property owner has provided a ballot in favor of the service charges proposed for all the lots identified for assessments in the Engineers Report prepared for the PRD formation — action requested — 1) OPEN THE PUBLIC HEARING AND ASK FOR COMMENTS OR PROTESTS TO THE ESTABLISHMENT OF THE PROPOSED SERVICE CHARGES; 2) REQUEST BALLOT RESULTS FROM THE CLERK OF THE BOARD AND PUBLIC WORKS; AND 3) IF A MAJORITY OF BALLOTS ARE IN FAVOR OF THE ESTABLISHMENT OF THE SERVICE CHARGES, APPROVE THE FORMATION OF ZONE 004 TO IMPOSE ANNUAL ASSESSMENTS FOR ROAD AND STORM DRAINAGE MAINTENANCE SERVICES; OR 4) IF THE MAJORITY OF THE BALLOTS ARE NOT IN FAVOR OF THE ESTABLISHMENT OF THE SERVICE CHARGES, REJECTTHE FORMATION OF ZONE 004 TO IMPOSE ANNUAL ASSESSMENTS FOR ROAD AND STORM DRAINAGE MAINTENANCE SERVICES. (Public Works) Page 9 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - FEBRUARY 26, 2019 5.02 9:35 am — Outdoor Festival Licenses a. Application for Outdoor Festival License - Butte Environmental Council - Butte Environmental Council has submitted an application for an Outdoor Festival License per Chapter 12, Article III. Outdoor Festivals (Butte County Code Sections 12-25 through 12-33). The festival is proposed for one day, Saturday, June 8, 2019, from 11:00 a.m. to 10:00 p.m. The applicant anticipates a total of 200 people along with 30 volunteers. The festival site is located at 2500 Estes Road (the end of Estes Road), south and west of Chico (APN 039-410-032) with parking on APN 039-410-039. The festival is described as the Chico Bike Music Festival, an annual community event promoting human -scale transportation and talented local musicians through innovation, bicycles, and community. Food will be provided by food trucks, beverage booths, and free bottled water. The Department of Development Services completed an environmental review of the application, completed a site visit, and determined that since no permanent structures will be built, the project is categorically exempt from the California Environmental Quality Act (CEQA), per section 15304 (e) of the CEQA Guidelines - "Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, etc." — action requested - FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(e) OF THE CEQA GUIDELINES AND APPROVE THE APPLICATION FOR AN OUTDOOR FESTIVAL LICENSE (MISC19-0001), SUBJECT TO THE RECOMMENDED CONDITIONS. (Development Services) b. Application for Outdoor Festival License for Wildflower Open Classroom - Wildflower Open Classroom has submitted an application for an Outdoor Festival License per Chapter 12, Article III. Outdoor Festivals (Butte County Code Sections 12-25 through 12-33). The festival is proposed for one day, Saturday, May 4, 2019, from 11:30 a.m. to 8:30 p.m. The applicant anticipates a total of 1,500 people including 200 volunteers. The festival site is located at 2500 Estes Road (at the end of Estes Road), south and west of Chico (APN 039-410-032) with parking on APN 039-410-039. The festival is described as a family-oriented fundraiser for a public charter school featuring children's crafts and activities and several performances of amplified live music. Food will be provided by food trucks, volunteer -operated beverage booths, and a water station. The Department of Development Services completed an environmental review of the application, completed a site visit, and determined that since no permanent structures will be built, the project is categorically exempt from the California Environmental Quality Act (CEQA), per section 15304 (e) of the CEQA Guidelines - "Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, etc." — action requested - FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(e) OF THE CEQA GUIDELINES AND APPROVE THE APPLICATION FOR AN OUTDOOR FESTIVAL LICENSE (MISC19-0002), SUBJECT TO THE RECOMMENDED CONDITIONS. (Development Services) 6. BOARD OF SUPERVISORS PUBLIC COMMENT Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California State law, the Board of Supervisors is prohibited from taking action on any item not listed on the agenda. Page 10 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - FEBRUARY 26, 2019 7. BOARD OF SUPERVISORS CLOSED SESSION 7.01 Public EmDlovee EmDlovment. ADDointment. Recruitment. Performance Evaluations. Includin 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 7.02 Actual Litigation Pursuant to Government Code Section 54956.9(d)(1): 1. County of Butte v. PG&E Corporation, Pacific Gas and Electric Company; Butte County Superior Court Case No. 19CV00151. Page 11 Butte County Information and Procedures Concerning the Agenda and Department Heads Board of Supervisors Meetings Agricultural Commissioner: Luis Mendoza Meeting Information: Assessor*: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are Diane Brown held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. At Auditor -Controller*: the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed Graciela Gutierrez as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted meeting calendar for the year are available in the County Administrative Office or on the Clerk of the Board Behavioral Health: website page. Dorian Kittrell Chief Administrative Agenda Information: Officer: The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72 Shari McCracken hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board Interim Chief Probation website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to Officer: explain each agenda item (excluding documents that are not a public record within the meaning of the Public Wayne Barley Records Act) are available for your review at the County Administrative Office, the Chico, Oroville, and Paradise Child Support Services: libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies of Sean Farrell supporting materials can be made for you at a charge to cover costs. The list of communications included with the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have Clerk -Recorder / been received but not included in the agenda supporting material. Copies of all communications received by the Registrar of Voters*: Board of Supervisors (excluding documents that are not a public record within the meaning of the Public Records Candace Grubbs Act) are available at the County Administrative Office upon request. County Counsel: Agenda Format and Meeting Order: Bruce Alpert Development Services: The agenda is usually organized into the following areas and meetings generally proceed in the following order: Tim Snellings 1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in District Attorney*: the back of the board room) and give it to the Clerk of the Board (sitting to the right of the Board) or, when the Mike Ramsey Chair asks if there is anything anyone would like to remove from the Consent Agenda, stand and approach the Employment & Social podium and request the item be removed. The removed items are discussed at the end of the Regular Agenda. Services: 2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items Shelby Boston removed from the Consent Agenda are discussed under this section. Fire Chief: 3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are David Hawks set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time listed, but will never start before the time listed. General Services: 4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any Grant Hunsicker matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda, Human Resources: but may respond to statements or questions and provide staff direction. Pamela Knorr 5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances. This area Information Systems: of the agenda identifies those items that will be discussed during the closed session. Art Robison Public Participation: Library: Melanie Lightbody It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow members of the public the opportunity to comment on all matters before the Board. Public participation is limited Public Health: to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. Cathy Raevsky The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing Public Works: of these policies and procedures can be found in the printed booklet agenda, obtained at the County Dennis Schmidt Administrative Office, or viewed at the Clerk of the Board website. Sheriff -Coroner*: The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with Kory Honea special needs should call the Clerk of the Board at 530.552.3300, Monday through Friday, 8:00 a.m. to 5:00 p.m. Treasurer -Tax Collector*: to request disability -related modifications/accommodations, or to request materials in alternate formats. All Troy Kidd requests for special accommodations and/or alternative format documents must be made 48 hours prior to the LIC Cooperative meeting. Extension Advisor: Luis Espino For further information contact the: Clerk of the Board of Supervisors Water & Resource County Administration Office Conservation: 25 County Center Drive, Suite 200, Oroville, CA 95965 Paul Gosselin 530-552-3300 *Elected Official Page 12