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HomeMy WebLinkAboutA031219-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 MARCH 12, 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 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. CONSENT AGENDA 3.01 Resolution Establishing the Composition of the Members Representing Butte Countv on the Citizens Advisory Commission for the Oroville Dam - On February 7, 2017, historically high water levels in Lake Oroville, coupled with damaged primary and auxiliary spillways of the Oroville Dam, led to the evacuation of approximately 200,000 residents in the communities of Oroville, Palermo, Thermalito, Kelly Ridge, and low-lying areas in Yuba and Sutter Counties. In 2018, the legislature passed Senate Bill 955 - Oroville Dam: Citizens Advisory Commission. The Citizens Advisory Commission for the Oroville Dam (Commission) consists of representatives from various State agencies, the State Senator representing the City of Oroville, and the State Assembly Member representing the City of Oroville. Additionally, the Chair of the Commission shall invite: two members appointed by the Oroville City Council; three members appointed by the Butte County Board of Supervisors; two members appointed by the Sutter County Board of Supervisors; two members appointed by the Yuba County Board of Supervisors; and a deputy sheriff from each of the following jurisdictions: Butte County, Sutter County, and Yuba County. The Commission functions as a liaison between the communities surrounding the Oroville Dam and the dam operator and publishes a report regarding maintenance, improvements, and flood mitigation. Staff recommends adopting a resolution establishing the composition of the three members appointed by the Board to the Commission as follows: the two Supervisors who serve on the Federal Energy Regulation Commission Relicensing Ad Hoc Committee; and one member of the public. After adoption of a resolution establishing the composition of the members representing Butte County on the Commission, staff will agendize a request for consideration of the appointment of the public member after the Chair of the Commission has extended an invitation to the County pursuant to Senate Bill 955 — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) Page 1 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - MARCH 12, 2019 3.02 Approval of Minutes for Board of Supervisors Meeting - Submitted for approval are the minutes for the February 26, 2019, Board of Supervisors regular meeting, and the March 5, 2019, Board of Supervisors special meeting — action requested - APPROVE FEBRUARY 26, 2019, BOARD OF SUPERVISORS REGULAR MEETING MINUTES AND THE MARCH 5, 2019, BOARD OF SUPERVISORS SPECIAL MEETING MINUTES AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.03 Contract Amendment with Journal Technologies, Inc. for Case Management Software System The District Attorney's Office recommends amending the contract with Journal Technologies, Inc. for case management system software and support. The amendment extends the term of the contract by three years, through March 22, 2022. All other terms remain the same — action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (District Attorney) 3.04 Agreement Amendment with California Department of Public Health (CDPH) for Emergency Preparedness Program - The Public Health Department currently has a revenue agreement with CDPH that provides funding for the County's public health emergency preparedness, pandemic influenza, and hospital preparedness programs in the amount of $2,243,655 for the period of July 1, 2017 to June 30, 2022. Funds from this grant are utilized to develop and implement specific activities related to emergency preparedness that are in accordance with the requirements of the Centers for Disease Control and the Local Grant Application Guidance. Examples of grant activities include health care system preparedness, volunteer management, emergency operations coordination, information sharing, community preparedness, and program management. CDPH is amending the grant agreement budget to shift funds between categories to better compensate the County for actual services performed. All other terms of the contract remain the same — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Health) 3.05 Contract Amendment with Yuba Countv for Environmental Health Services Related to Camp Fire Recovery - The Public Health Department currently has a contract with Yuba County to provide environmental health services related to the Camp Fire recovery efforts. Yuba County staff provide Phase II -Alternative Program Application and Work Plan review and approval, and also assist in the review of final reports and certifications of completion for Phase II of the State Office of Emergency Services Program. As the Camp Fire recovery continues, the need for additional hours of Yuba County environmental health staff is needed. The Department recommends amending the contract with Yuba County for environmental health services related to the recovery process of the Camp Fire. The amendment increases the maximum payable amount by $280,000, not -to -exceed $360,000. All other terms remain the same — action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Health) Page 2 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - MARCH 12, 2019 3.06 Award of Construction Contract to Anderson Dragline, Inc. for Module 5, Phase B and Module 4 Slope Extension Base Liner - The Module 5, Phase B and Module 4 Slope Extension Base Liner Project includes excavation, general fill, installation of base liner components and leachate collection system at the Neal Road Recycling and Waste Facility. Construction is anticipated to be completed by the end of September 2019. The project was advertised beginning February 7, 2019, and four bids were received and publicly opened on March 1, 2019. The bids ranged from $3,681,470 to $5,352,240. The lowest bid was $3,681,470 from Anderson Dragline, Inc. of Gridley. This bid is 18.66% above the engineer's estimate for the project of $3,102,640. The Department of Public Works reviewed the bid packages for various requirements and determined that Anderson Dragline, Inc.'s bid is responsible and responsive to the bid request. The plans and specifications for this project are on file at the Public Works Office at 9 County Center Drive in Oroville — action requested — 1) APPROVE THE PLANS AND SPECIFICATIONS; 2) AUTHORIZE THE CHAIR TO SIGN THE PLANS; AND 3) AWARD THE CONTRACT TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER, ANDERSON DRAGLINE, INC. IN THE AMOUNT OF $3,681,470 AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE CONTRACT DOCUMENTS. (Public Works) 3.07 Contract Amendment with Blue Ridge Services for Camp Fire -Related Debris Management Consulting Services at Neal Road Recycling and Waste Facility (NRRWF) - On December 11, 2018, the Board of Supervisors approved a contract with Blue Ridge Services to assist the NRRWF with permitting and development of a Fire Acceptance Plan, operational plan, fill sequencing, and fiscal planning. To date, Blue Ridge Services has assisted the NRRWF in developing strategies, fill sequencing plans, and operational logistics to accommodate fire debris received from Camp Fire Alternative Program participants. The contract amendment includes additional tasks for debris handling operations training; topographical airspace consumption analysis; operational planning and sequencing; ongoing site operational support; and operational support, analysis, and project management. The cost for the amendment is $80,000, and the total not -to -exceed amount is $200,000. The duration of the contract remains the same with an expiration date of December 11, 2021 — action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.08 Wyandotte Creek Joint Powers Agreement Amendment - Butte County entered into a Joint Powers Agreement (Agreement) on September 11, 2018, with the City of Oroville and the Thermalito Water and Sewer District for the purpose of developing and implementing the Groundwater Sustainability Plan (GSP) for the Wyandotte Creek subbasin through the newly created agency, the Wyandotte Creek Groundwater Sustainability Agency (GSA). The purpose of the Wyandotte Creek GSA is to (a) develop, adopt, and implement a GSP for the Wyandotte Creek subbasin in order to implement SGMA requirements and achieve the sustainability goals; and (b) involve the public and subbasin stakeholders through outreach and engagement in developing and implementing the GSP. After examination during legal review, it was found that the appointment of Stakeholder Directors by the Wyandotte Creek GSA Board is not supported by the Joint Powers Act. The recommended amendment to the Wyandotte Creek JPA modifies provisions in Article 7 to reflect that the Stakeholder Directors and Alternates are appointed by the Butte County Board of Supervisors rather than the GSA Board — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation) Page 3 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — MARCH 12, 2019 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/clerkofthe boa rd/AppointmentsList.aspx) A. Appointments to Listed Vacancies 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 Employment Agreement with Mark Lundberg, M.D. for Addiction Treatment Services - Mark Lundberg, M.D. is a licensed physician who provides services specializing in substance abuse addiction. The Department of Behavioral Health recommends renewing an agreement with Dr. Lundberg for addiction treatment services to Butte County clients participating in substance use disorder programs. The renewed agreement adds a provision that Dr. Lundberg will be provided the same Retired Employee Health Options that are currently provided to Non -Represented Employees, as is set forth in Resolution No. 19-009, the Resolution of the County of Butte Regarding Salary and Benefits of Butte County Non -Represented employees, which was recently adopted on January 29, 2019. The term of the agreement is from July 1, 2019 through June 30, 2020, not -to -exceed $215,790- action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health). 4.05 Public Works Department Waste Handler Tractor Lease -Purchase Financing - The Board of Supervisors approved the capital asset purchase of a Caterpillar waste handler tractor for the Neal Road Recycling and Waste Facility (NRRWF) at the November 6, 2018, Board Meeting. The new waste handler tractor will replace the current 2007 tractor which has exceeded its useful life. The tractor is used in daily operations to move and process solid waste. Financing proposals submitted by two lenders were analyzed by County staff and presented to the Debt Advisory Committee, established pursuant to the County Debt Management Guidelines and Procedures (the DMGP), and comprised of the Chief Administrative Officer, Treasurer -Tax Collector, Auditor - Controller, and Budget Director. The Debt Advisory Committee determined the subject financing complies with the requirements of the DMGP. Staff recommends the Board proceed with the financing offered by U.S. Bancorp Government Leasing and Finance, Inc. (U.S. Bancorp). The interest rate offered by U.S. Bancorp is lower than the rate offered by the other lender and the financing has no loan fees. The proposed financing is in the amount of $825,103.11. The financed amount is the total purchase price of $920,103.11 offset by the trade-in value of $95,000 offered for the 2007 tractor. The lease purchase agreement is for a term of five years at a fixed rate of 2.873% with annual payments of $179,514 commencing in March 2020. The County will grant U.S. Bancorp a first priority security interest in the financed equipment — action requested - APPROVE THE PROPOSED FINANCING AND AUTHORIZE STAFF TO SIGN ALL RELATED DOCUMENTS. (County Administration) Page 4 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - MARCH 12, 2019 4.06 Call for Review of the Planning Commission Approval of Mining Permit for Franklin Construction, Inc. - Supervisor Ritter requested the Board of Supervisors review the Planning Commission's February 14, 2019, approval of Mining Permit MIN18-0002 for Franklin Construction, Inc. The request includes concerns about the hearing noticing requirements. Mining Permit MIN18-0002 is a proposed amendment to Mining Permit MIN99-02 and Reclamation Plan RP10-0002 to enlarge the permitted mining area of the Little Chico Creek Mine from 8.3 acres to 12.1 acres, resulting in the extraction, processing, and export of an additional 458,000 cubic yards of aggregate, and extending the estimated life of the mine to January 1, 2043. The project site is located east of State Highway 32, within the Little Chico Creek Canyon along Canyon Shadows Road, 1.6 miles east from Humboldt Road, and 3.5 miles east of the City of Chico (Assessor Parcel Numbers: 063-290-056, 063-290-057, and 063-290-058). Pursuant to Butte County Code section 24-268, the Board may call for a review of any action, interpretation, or decision made by the Planning Commission or Zoning Administrator that is appealable to the Board in accordance with Chapter 2, section 2-19.1 of the Butte County Code. If a majority of the Board finds that the action raises a question or questions regarding the proper interpretation or application of a specified provision of the General Plan, comprehensive zoning ordinance, subdivision ordinance or other county policy, ordinance, or resolution, the Clerk of the Board shall schedule a review hearing within 30 days — action requested - FIND THATTHE PLANNING COMMISSION'S FEBRUARY 14, 2019, PUBLIC HEARING AND APPROVAL OF MINING PERMIT MIN18-0002 COMPLIED WITH ALL REQUIREMENTS OF SECTIONS 13-110(a) AND 24-259 OF BUTTE COUNTY CODE FOR NOTICE OF SAID HEARING. (Development Services) 4.07 Overview of Alternative Fire Debris Removal Program and Work Plan Process - At the February 26, 2019, Board of Supervisors meeting, the Board requested that the Public Health Department provide an overview of the Alternative Fire Debris Removal Program. The Department will provide information on the program including requirements of the work plan, the review process for the work plan, and the time line for turning around work plan reviews - ACCEPT FOR INFORMATION. (Public Health) 5. PUBLIC HEARINGS AND TIMED ITEMS 5.01 9:30 am - Itemized Costs and Penalties Related to Nuisance Abatement to Record a Lien and Impose a Special Assessment - On April 5, 2018, a Hearing Officer declared a public nuisance existed on the property listed. This hearing has been scheduled to authorize the Board of Supervisors to record a special assessment and lien to recover the County's costs for Code Enforcement Case No. CE17-1285 at 1827 Tehama Avenue in Oroville (Assessor's Parcel Number 030-072-003) in the amount of $14,357.22 — action requested - APPROVE THE PROPOSED LIEN AND SPECIAL ASSESSMENT IN THE AMOUNT OF $14,357.22. (Development Services) Page 5 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - MARCH 12, 2019 5.02 9:45 am — Agreement with the City of Chico and Durham Irrigation District Establishing the Joint Exercise of Powers for the Vina Groundwater Sustainability Agency - On January 1, 2015, the Sustainable Groundwater Management Act (SGMA) went into effect. SGMA provides for local public agencies with land use, water management, or water supply the opportunity to be Groundwater Sustainability Agencies (GSA) with the responsibility for developing and implementing Groundwater Sustainability Plans (GSP). GSPs must evaluate the sustainability of the basin and identify actions that will be implemented to achieve sustainability over a 20 year period. Each subbasin must be covered by one or more GSPs by January 30, 2022. The Vina subbasin overlies Butte County and is subject to SGMA. The GSAs in the Vina subbasin include Butte County, the City of Chico, Durham Irrigation District, and the Rock Creek Reclamation District. In 2018, the GSAs drafted an agreement for the purpose of establishing a governance structure to develop the GSP for the Vina subbasin. The agreement was passed unanimously by the Board of Supervisors on September 11, 2018, and by the Durham Irrigation District on September 25, 2018. The City of Chico was prepared to consider adopting the agreement on October 16, 2018, but on October 2, 2018, the Rock Creek Reclamation District decided to retain its GSA status and not join the agreement. The agreement was redrafted to remove the Rock Creek Reclamation District and to reflect a change in the appointment process of Stakeholder Directors. The redrafted agreement is being brought to the Board for adoption — action requested - 1) ADOPT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND 2) AUTHORIZE STAFF TO FORMALLY RESCIND BUTTE COUNTY AS A GSA IN THE VIVA SUBBASIN. (Water and Resource Conservation) 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. 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 2. County of Butte v. State of California Department of Water Resources, and DOES 1 through 100; Butte County Superior Court Case No. 18CV02771 Page 6 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 Interim Public Health: to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. Aaron Quin 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 7