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HomeMy WebLinkAboutA042319-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 APRIL 23, 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 Agreement with United States Department of Agriculture (USDA) for Wildlife Services Cooperative Services for Fiscal Year (FY) 2019-20 - The County has engaged in an on-going cooperative agreement with the USDA's Animal and Plant Health Inspection Service -Wildlife Services (APHIS -WS) for non-domestic animal control services. The USDA provides non-domestic animal control services such as trapping birds, skunks, and raccoons. The USDA's Wildlife Specialist addresses the loss of livestock, wildlife rabies, and prevention of property damage associated with predatory animals. APHIS -WS will provide staff, supervision, administration, and equipment needed to carry out the program. The term of the agreement is July 1, 2019 through June 30, 2020, not -to -exceed $75,177. The Director of Development Services has reviewed the agreement and determined that it is categorically exempt from the California Environmental Quality Act (CEQA) — action requested - 1) FIND THAT THE AGREEMENT IS CATEGORICALLY EXEMPT FROM CEQA UNDER CEQA GUIDELINES SECTIONS 15061(b), 15307, AND 15308 AND THAT NO EXCEPTION TO THE EXEMPTION APPLIES; 2) DIRECT THE DIRECTOR OF DEVELOPMENT SERVICES TO FILE A NOTICE OF EXEMPTION; AND 3) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Agriculture) 3.02 Amend Capital Asset Policy - The County Capital Asset Policy was adopted by the Board of Supervisors on April 10, 2012. After seeking input from County Departments, the Auditor's Office recommends approval of a revised Capital Asset Policy. The revised policy reduces the threshold for an asset to be identified as a Capital Asset to $5,000 when purchased with federal funds. The threshold for assets purchased with non-federal funds remains $125,000 for structures, improvements and infrastructure, and $25,000 for equipment and computer software. All vehicles are capitalized regardless of cost. This brings the policy into compliance with federal funding requirements. Additionally, the policy adds variable depreciation periods based on current accounting guidance — action requested - ADOPT AMENDED CAPITAL ASSET POLICY. (Auditor -Controller) Page 1 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 23, 2019 3.03 Approval of Minutes for Board of Supervisors Meeting - Submitted for approval are the minutes for the April 9, 2019, Board of Supervisors regular meeting — action requested - APPROVE THE APRIL 9, 2019, BOARD OF SUPERVISORS REGULAR MEETING MINUTES AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.04 Continuation of Local Disaster Proclamation Due to the February 2019 Storms - A local emergency presently exists in Butte County due to the February 2019 Storms in accordance with the proclamation made by the Chief Administrative Officer on February 28, 2019, and reaffirmed and ratified by the Board of Supervisors on March 5, 2019. The local disaster proclamation enables the County to obtain State and federal dollars to help with the recovery. The local emergency resulting from conditions of the February 2019 Storms is still in effect. State law requires that the Board of Supervisors review the need for continuing the local emergency every 30 days. At this point, the final duration of the emergency has not yet been determined — action requested — 1) CONFIRM THE NEED FOR CONTINUING THE PROCLAMATION OF FEBRUARY 2019 STORM EMERGENCY; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.05 Resolution Updating Community Development Block Grant Program Income Funding Amounts and Authorized Signatory - The Board of Supervisors approved Resolution No. 17-192 on November 14, 2017, which approved the submittal of an application for Community Development Block Grant (CDBG) funds and authorized the Interim Chief Administrative Officer, or designee, as the authorized signatory for grant documents. The application included requests for funding to continue the County's Housing Rehabilitation Loan Program and the Butte County Business Incubator Program. The application also requested up to $60,000 of CDBG Program Income (funds received by the County from payments on Housing Rehabilitation Loans) be utilized to fund Americans with Disabilities Act (ADA) improvements to bathrooms at 25 County Center Drive, Oroville. The County was successful in its application and was awarded the CDBG funds. Since the CDBG award, the County has collected more CDBG Program Income than was expected due to loan payments and payoffs, and would like to increase the contribution of CDBG Program Income up to $141,100 to the ADA improvements to the bathrooms at 25 County Center Drive project. Since the CDBG award, the County has also had a change from an Interim Chief Administrative Officer to a Chief Administrative Officer. Therefore, the County also needs to designate the Chief Administrative Officer, or designee, as the current authorized signatory — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.06 Amendment to the Conflict of Interest Code of Paradise Recreation and Park District - Paradise Recreation and Park District has reviewed its Conflict of Interest Code and determined that it is in need of revision. The amendment is being submitted for approval by the Board of Supervisors as the code -reviewing body. County Counsel has reviewed the amendment to the Conflict of Interest Code and believes it to be proper — action requested - APPROVE THE AMENDMENT TO THE CONFLICT OF INTEREST CODE OF PARADISE RECREATION AND PARK DISTRICT. (County Counsel) Page 2 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — APRIL 23, 2019 3.07 Resolution Recognizing May 2019 as Building Safety Month and Permit Amnesty Program for May and June - Building Safety Month (May 2019) and the Permit Amnesty Program (May 1 through June 30) are aimed at protecting public health, home and business owner safety, and the environment by encouraging property owners to complete the County's permit process. These efforts are designed to ensure construction meets acceptable standards and to educate the public about building codes through outreach activities. The Permit Amnesty Program provides property and business owners the opportunity to apply for permits for buildings, additions, and remodels not previously permitted with the following assistance: the 60% investigative building permit penalty fees would not be imposed; and a staff member will be assigned to assist the property owners through the application process. Compliance with the building permit process can assist property owners who may have their properties on the market where the sale may be jeopardized due to unpermitted work. Residential, industrial, and commercial unpermitted construction work or unpermitted commercial occupancies are eligible for the Permit Amnesty Program — action requested — 1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE A BUILDING PERMIT AMNESTY PROGRAM FOR MAY 1 THROUGH JUNE 30 IN WHICH THE 60% PENALTY FEE IS NOT IMPOSED FOR ELIGIBLE APPLICANTS. (Development Services) 3.08 Contract with the Alliance for Workforce Development (AFWD) for Employment Resource Services - AFWD is a non-profit agency that provides a full range of employment resource services to CalWORKs Welfare -To -Work participants including current job listings, resume - writing assistance, help with on-line job searching, job interview preparation, and other employment readiness activities. The Department of Employment and Social Services recommends entering into a contract with AFWD for employment resource services. The term of the contract is July 1, 2019 through June 30, 2022, not -to -exceed $480,000 — action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) 3.09 Contract with the Alliance for Workforce Development (AFWD) for Subsidized Employment Services - AFWD is a non-profit agency that develops and administers the Subsidized Employment program, which provides eligible clients with work experience to assist them in the transition to unsubsidized employment and achieving self-sufficiency. The Subsidized Employment program also provides employment "soft skills" to clients, such as job coaching, conflict resolution, counseling, and other services to remove barriers for employment. The Department of Employment and Social Services recommends entering into a contract with AFWD for subsidized employment services to CalWORKs Welfare -To -Work participants. The term of the contract is July 1, 2019 through June 30, 2022, not -to -exceed $2,100,000 — action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) 3.10 Contract Amendment with JUMP Technology Services for Software Maintenance and Support JUMP Technology Services provides Licensing and Enforcement for Adult Protective Services (LEAPS) software systems designed specifically for Adult Protective Services investigations. The system is used by the Department of Employment and Social Services as a case management system for elders and dependent adults who have been harmed or are at risk of harm. The Department recommends amending the contract with JUMP Technology Services for LEAPS software service. The amendment extends the term of the contract by one year through June 30, 2020. The amendment increases the maximum payable amount by $24,900, not -to -exceed $82,150. All other terms remain the same — action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) Page 3 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 23, 2019 3.11 Agreement Amendment with Lilliput Children's Services for the Provision of Psychosocial Assessments - Lilliput Children's Services is a non-profit agency licensed by the State of California that serves children by offering foster, adoption, and kinship care services in multiple counties. Lilliput Children's Services offers programs and initiatives to ensure that children who enter the foster care system are placed with lifelong families as quickly as possible. The Department of Employment and Social Services recommends amending the agreement with Lilliput Children's Services for psychosocial assessment services for eligible applicants. The amendment extends the term of the agreement by one year through June 30, 2020, and increases the maximum payable amount by $93,000, not -to -exceed $242,998. All other terms remain the same — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) 3.12 Contract with Northern Valley Catholic Social Service (NVCSS) for Butte Baby Steps Program NVCSS operates the Butte Baby Steps program, a nationally recognized program designed to help expectant and new parents get their children off to a healthy start. Families participate voluntarily in the program and receive weekly home visits and service referrals from trained staff. The Department of Employment and Social Services recommends entering into a contract with NVCSS for the Butte Baby Steps program. The Department will provide referrals and NVCSS will facilitate the program. The term of the contract is May 1, 2019 through June 30, 2020, not -to - exceed $400,000—action requested -APPROVE CONTRACTAND AUTHORIZETHE CHAIRTO SIGN. (Employment and Social Services) 3.13 Budget Adjustment and Memorandum of Understanding (MOU) with the Butte County Fair Association for use of the Butte County Fairgrounds Related to Animal Sheltering During the Camp Fire -The County used a portion of the Butte County Fairgrounds and Fair Association staff time to accommodate non -domesticated animals during the Camp Fire incident. This effort resulted in facility and equipment rental costs of approximately $94,000, staff and extraordinary utility charges of approximately $36,000, and damages to roadways, the grounds and animal pens of approximately $120,000. The Department of General Services recommends that the Board of Supervisors approve a $250,000 budget adjustment from the General Fund Appropriation for Contingencies and execute an MOU with the Fair Association to cover the costs of the effort. Under the terms of the MOU, General Services will reimburse the Fair Association for the rental and labor costs, totaling $130,000, and General Services will manage the repair projects to a maximum of $120,000 — action requested — 1) APPROVE BUDGET ADJUSTMENT FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES (4/5 VOTE REQUIRED); AND 2) APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 3.14 2019 Resolution Honoring Butte County Employees for Dedicated Years of Service - Each year, the Board of Supervisors recognizes employees who have reached service increments of 30, 35, 40, and 45 years of continuous service to Butte County for dedicated years of service. For 2019, the County recognizes Brenda Horine, Stacy Thornton, Stacie Smith, and Christopher Barris for 30 years of service, and Shirley Mitchell for 35 years of service — action requested - ADOPT RESOLUTIONS (5) AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) Page 4 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — APRIL 23, 2019 3.15 Contract Amendment with Hyas Group, LLC for 457 Deferred Compensation Plan Consultant Services - The Human Resources Department and Auditor -Controller's Office recommend amending the contract with Hyas Group, LLC for consultant services related to the County's 457 deferred compensation plan including quarterly investment and participant actively and ongoing compliance review and assistance. These services assist with the County's fiduciary responsibilities related to the deferred comp program. The amendment extends the term of the contract by one year through June 30, 2020, and increases the maximum payable amount by $35,000, not -to -exceed $105,000. All other terms remain the same— action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources / Auditor - Controller) 3.16 Revenue Agreement with Essential Access Health to Provide Title X Family Planning Program Essential Access Health has received a federal grant pursuant to Title X of the Public Health Services Act for the purpose of providing comprehensive family planning services. The Department of Public Health recommends approval of a revenue agreement with Essential Access Health to provide family planning services. The funds from this agreement will augment the existing family planning program within the Public Health Clinics. The term of the agreement is April 1, 2019 through March 31, 2020, with a maximum amount receivable of $128,571—action requested — APPROVE REVENUE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Health) 3.17 Contract with Northwest Societv for the Prevention of Crueltv to Animals (NWSPCA) for Sheltering Services of Impounded Animals - The Department of Public Health currently contracts with NWSPCA to provide sheltering services of impounded animals by the Butte Animal Control Program. The current contract ends on June 30, 2019. The Department recommends entering into a contract with NWSPCA for continued animal sheltering services. The term of the contract is July 1, 2019 through June 30, 2022, not -to -exceed $1,710,516 — action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Public Health) 3.18 Capital Asset Surplus - Sheriff's Office Vehicles Destroyed by the Camp Fire - The Department of Public Works recommends the Board of Supervisors declare vehicles that were destroyed in the Camp Fire surplus to the needs of the County and authorize disposal — action requested - DECLARE CAPITAL ASSETS (5) SURPLUS TO THE NEEDS OF THE COUNTY. (Public Works) 3.19 Budget Adjustment and Contract with Quincy Engineering for Design Services on the Upper Centerville Road 2019 Storm Damage - During the heavy rainfall event from February 23 to February 27, 2019, a 50 -foot section of Centerville Road failed. The location is approximately 2.2 miles above the end of pavement on Centerville Road. The area is on the edge of the Camp Fire burn scar, and is a critical second way out for residents that live in the upper Centerville area. The Department of Public Works issued a Request for Qualifications (RFQ) to establish a list of firms qualified to provide engineering design services for this project. The RFQ process established a list of three firms with the necessary qualifications to perform this type of work. Quincy Engineering of Rancho Cordova was ranked the highest, and was selected to submit a scope and budget to perform the work. The Department recommends entering into a contract with Quincy Engineering for engineering design services for the Upper Centerville Road 2019 Storm Damage Project. The term of the contract is upon execution of the contract for a three- year period, not -to -exceed $450,200 — action requested — 1) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); AND 2) APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) Page 5 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 23, 2019 3.20 Authorization to Advertise and Bid the Foothill Boulevard Roadway Rehabilitation Project - The Foothill Boulevard Roadway Rehabilitation Project, will provide a full depth rehabilitation of Foothill Boulevard from the City of Oroville city limits (just north of Pinedale Avenue) southerly to a point 350 feet south of Greenbank Avenue, to tie into the new roadwork installed with the Foothill Bridge Project. Total project length is approximately 0.85 miles. This roadway has a Pavement Condition Index of 45, which puts this road segment in poor condition. The best remedy is full rehabilitation. Full Depth Rehabilitation is a process of milling the road surface and base materials to a depth of approximately 12 to 18 inches, adding cement to the ground road material, re -compacting the mixed material, and repaving the road with three inches of asphalt concrete. The engineer's estimate for construction is $1,000,000 for this section of the roadway. The total project cost is $1,050,000, which includes preliminary engineering, construction, and construction engineering. The Department of Public Works recommends the Board of Supervisors authorize the Department to advertise and solicit bids for the construction of the Foothill Boulevard Roadway Rehabilitation Project — action requested — 1) AUTHORIZE THE PROJECT; AND 2) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE AND BID THE PROJECT. (Public Works) 3.21 Resolution Authorizing Execution of Program Supplement Agreement with the Department of Transportation (Caltrans) for the Lincoln Boulevard, Palermo Road, and Baldwin Avenue Project — The policies of the Federal Highway Administration and Caltrans require a resolution authorizing the Director of Public Works to sign program supplement agreements for each project. The Department of Public Works recently received the program supplement agreement for the Lincoln Boulevard, Palermo Road, and Baldwin Avenue Project. The project will provide $350,000 in grant funds for the design of sidewalk, curb, and gutter along with minor roadway widening and crossing enhancements in the following areas in the community of Palermo near the Palermo Elementary School: Lincoln Boulevard from Baldwin Avenue to Palermo Road; Palermo Road from Lincoln Boulevard to Hewitt Avenue; Baldwin Avenue from Lincoln Boulevard to Hewitt Avenue; Hewitt Avenue from Palermo Road to Baldwin Road. The Department recommends the Board of Supervisors authorize the Director of Public Works to execute the program supplement agreement and all future program supplement agreements for this project — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.22 Resolution Authorizing Execution of Program Supplement Agreement with the Department of Transportation (Caltrans) for the Oro -Quincy Highway Storm Damage Repair Project — The policies of the Federal Highway Administration and Caltrans require a resolution authorizing the Director of Public Works to sign program supplement agreements for each project. The Department of Public Works recently received the program supplement agreement for the 2017 Oro -Quincy Highway Storm Damage Repair Project. The project will repair two locations on Oro - Quincy Highway in the Mountain House area. The first location had complete failure of the roadway embankment and the second had failure of a Mechanically Stabilized Earth retaining wall at the roadway edge that occurred during the January 2017 storms. The project has been designed, bid and awarded, and will go to construction as soon as the weather conditions permit. The Department recommends the Board of Supervisors authorize the Director of Public Works to execute the program supplement agreement and all future program supplement agreements for this project — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) Page 6 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 23, 2019 3.23 Update on Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map Changes for the Area Influenced by the Sutter Butte Flood Control Agency (SBFCA) West Feather River Levee Project - SBFCA informed the Board of Supervisors, during its 2018 yearly update, that the FEMA Flood Insurance Rate Map changes for the area protected by SBFCA's West Feather River Levee Project would be available in the next six to 12 months. The FEMA submission package is ready and the Department of Public Works is working with SBFCA staff to finalize the package and submit it to FEMA. The changes are significant. Much of the area on the west side of the Feather River that was mapped into an A Flood Zone in 2011 will be remapped into a Shaded X Flood Zone similar to rest of the area around the communities of Gridley and Biggs. The proposed changes are included in the staff report. Property owners in the Shaded X Zone will not be required to have flood insurance, and if they chose to carry National Flood Insurance Program insurance, they will be charged a lower premium. Once the map amendment is completed, new buildings constructed in the area will not be subject to certain flood proofing requirements — action requested - ACCEPT FOR INFORMATION. (Public Works) 3.24 Capital Asset Surplus — Vehicle - On February 17, 2010, the Sheriff's Office obtained at no cost a military ambulance from the Federal Surplus Property program. The ambulance was retrofitted and served as a Search and Rescue (S&R) Command Vehicle for nine years. The vehicle's transmission is broken and the cost of repairs exceed the value of the vehicle. The S&R Command Vehicle was recently replaced and is no longer in active use. The Sheriff's Office recommends the vehicle be removed from the County's Capital Asset Certified Ledger and sold — action requested -DECLARE CAPITAL ASSET SURPLUS TO THE NEEDS OF THE COUNTY. (Sheriff -Coroner) 3.25 Budget Adjustment for Unanticipated Revenue from Shasta County -The Sheriff's Office provided uniformed law enforcement resources at the request of the Shasta County Sheriff's Office for the 2018 Carr Fire. The Sheriff's Office provided 762.75 hours to Shasta County from July 26, 2018 to August 5, 2018, to assist with the needs of the county per the Memorandum of Agreement. Shasta County reimbursed Butte County for personnel and mileage in the amount of $52,171. The Sheriff's Office recommends increasing the patrol overtime budget by $52,172 and accepting the anticipated revenue for the provision of these services — action requested - APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Sheriff -Coroner) 3.26 Budget Adjustment for Unanticipated Revenue from Department of Water Resources (DWR) for Sheriff's Alternative Custody Services (ACS) - The Sheriff's Office recommends entering into a two-year agreement with DWR for Sheriff inmate crews to create fuel reduction, painting, and landscape maintenance on property identified by DWR. The Sheriff's Office will provide inmates, supervision, and disposal of trash and landscape waste. DWR will provide specialized equipment as needed. The term of the agreement will be 24 months, from March 1, 2019 through February 28, 2021, for a maximum receivable amount of $100,500. The Sheriff's Office recommends increasing the Sheriff's budget by $50,200 in FY 2018-19 and accepting the unanticipated revenue for the provision of these services — action requested - APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Sheriff -Coroner) Page 7 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — APRIL 23, 2019 3.27 Ratify Agreement with California Department of Parks and Recreation, and Resolution Authorizing Application for the Division of Boating and Waterways for the Boating Safety and Enforcement Aid Program - The Sheriff's Office applied for and was awarded grant funding from the California Department of Parks and Recreation, Division of Boating and Waterways for year- round patrols of the Feather River, Sacramento River, and Lake Oroville. The Sheriff is charged with the enforcement of boating laws and regulations by means of vessel, foot, and vehicle patrol. Uniformed law enforcement personnel will provide year-round patrols on all waterways, provide education to the public on State and local boating laws, conduct vessel inspection programs for compliance with required safety equipment and vessel registration, as well as provide supervision of on -the -water boating activities. The program funds a full-time uniformed deputy sheriff, a leased patrol vehicle, marine equipment, and supporting program services. The State requires the County to utilize the annual boat tax revenue of $98,077, which allows the Sheriff's Office to provide a full-time Sheriff's Sergeant to oversee the water enforcement program. The State also requires a resolution in support of the Boating Enforcement Program. The term of the agreement is July 1, 2019 through June 30, 2020, not -to -exceed $159,342. Appropriation and revenue were included in the Sheriff's FY 2019-20 budget — action requested — 1) RATIFY SHERIFF HONEA'S SIGNATURE; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff -Coroner) 3.28 Contract Amendment with the Consensus Building Institute for Facilitation Services in the Vina, Wyandotte Creek, and Butte Subbasins - The Department of Water and Resource Conservation recommends amending the contract with the Consensus Building Institute to facilitate the development of governance structures in the Vina, Wyandotte Creek, and Butte subbasins to implement the Sustainable Groundwater Management Act. Governance discussions and agreements have required additional time and facilitation resources. The amendment adds facilitation services for the Butte and Vina subbasins, amends the completion date to September 1, 2019, and increases the maximum payable amount by $14,875, not -to -exceed $70,400. The contract is funded from a California Department of Water Resources Proposition 1 grant — action requested — APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation) 3.29 Resolution Desi2natin2 the Friends of the Arts as the Local Partner for the California Arts Council's State/Local Partnership Program - Friends of the Arts requests that the Board of Supervisors adopt a resolution designating the organization as the State/Local partner to the California Arts Council for Butte County for the next two years (FY 2019-20 and FY 2020-21). This designation will allow the Friends of the Arts to request grant funds each year to assist with various activities the organization helps to administer in Butte County — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Other— Friends of the Arts) 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. 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) Page 8 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 23, 2019 4.03 Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer 4.04 Informational Update for Industrial Hemp - Regulations for industrial hemp registration fees by the California Department of Food and Agriculture (CDFA) through the County Agricultural Commissioner were set to be approved on April 3, 2019. The registration regulations were not approved and instead the text of the regulation was modified which extended the comment period to April 14, 2019. At this time, no decisions have been made by the Office of Administrative Law for the CDFA on the proposed registration regulations and fee of $900. If registration regulations are approved, the Agricultural Commissioner (Commissioner) may accept registrations and fees for CDFA, unless the County passes an ordinance placing a moratorium on hemp cultivation. The second step in allowing hemp cultivation will be regulations providing the framework for the sampling, testing, and procedures for crop destruction should a hemp crop exceed the three -tenths of 1% THC level. A number of growers are interested in planting hemp this year in Butte County, however the Commissioner has cautioned them that the subsequent regulations are still pending and, until they are issued in late spring/early summer, crops could be at risk of not meeting the requirements and would be treated as cannabis if State requirements were not met. The 2018 Farm Bill that was passed in December 2018, removed industrial hemp from the controlled substance list, instead classifying hemp as an agricultural commodity. CDFA has also confirmed industrial hemp as an agricultural commodity in the State of California. There are currently approximately 22 counties that have moratoriums on industrial hemp due to the lag time in regulations being approved for CDFA. Additionally, opinions on whether the State hemp program is valid by federal standards is being discussed by County Counsels — action requested — 1) ACCEPT FOR INFORMATION; AND 2) PROVIDE DIRECTION TO STAFF. 4.05 Urgency Ordinance Amending Article III, Entitled "Emergency Interim Housing Outside the Camp Fire Area," and Article IV, Entitled "Emergency Interim Housing Inside the Camp Fire Area," of Chapter 53 Camp Fire Disaster Recovery Ordinance - Pursuant to California Constitution Article XI, section 7 and Government Code sections 25123(d) and 25131, the Department of Development Services proposes adoption of an urgency ordinance which amends Chapter 53, Articles III and IV. These amendments are set forth to further relax zoning ordinance requirements in order to provide for expedited permitting of temporary truck and equipment staging and laydown yards authorized by the California Governor's Office of Emergency Services and associated with the Camp Fire Consolidated Fire Debris Removal Program in the following areas: 1) On an approved mining site when the facility will not interfere with the mining site's reclamation and approved end use; and 2) On the 11.98 -acre parcel located at 2903 Neal Road, Paradise (APN 055-350-044) that was previously the location of a logging truck repair and storage facility permitted by Use Permit No. UP 84-26. The amendments to Article IV also include providing a statement to applicants for a building permit within the Camp Fire area that:1) Permits will not be issued until after a property has been cleared of fire debris and hazardous materials; 2) The Butte County Health Officer has identified health hazards in the fire debris and hazardous materials in the Camp Fire area and after clearance of debris other health hazards or dangers may remain; and 3) Applicants are in a position to inspect the property to identify and avoid any potential health hazards or dangers. The Urgency Ordinance will take effect immediately upon a four-fifths approval of the Board of Supervisors — action requested — 1) WAIVE THE READING OF THE ORDINANCE; AND 2) ADOPT THE URGENCY ORDINANCE AMENDING ARTICLE III, ENTITLED "EMERGENCY INTERIM HOUSING OUTSIDE THE CAMP FIRE AREA," AND ARTICLE IV ENTITLED, "EMERGENCY INTERIM HOUSING INSIDE THE CAMP FIRE AREA" OF CHAPTER 53, ENTITLED "CAMP FIRE DISASTER RECOVERY ORDINANCE" BY A 4/5 VOTE, AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) Page 9 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 23, 2019 4.06 Camp Fire Impacts to the Miocene Canal - The Camp Fire destroyed portions of the Miocene Canal which prevents water delivery for numerous commercial agricultural operations, residential wells, CAL FIRE / Butte County Fire, the City of Oroville and critical wetland habitat. On March 29, 2019, the Board of Supervisors received public comment from a group of affected landowners, who staff were already working with to define issues and options. The Board of Supervisors directed staff to facilitate discussions between affected parties and provide an update to the Board. Staff recommend that Butte County continue facilitating discussions to assist the responsible parties in addressing the impacts of the loss of the Miocene Canal with a goal that those parties restore water supplies to affected beneficial users and improve long-term water supply resiliency—action requested -PROVIDE DIRECTION TO STAFF. (Water and Resource Conservation) 5. PUBLIC HEARINGS AND TIMED ITEMS 5.01 9:30 am - Inmate Access by ICE Agents- Pursuant to Government Code section 7283.1(d), the Board of Supervisors will hold a public hearing to receive information from the Sheriff regarding access to individuals housed in the Butte County Jail, by agents of the U.S. Immigration and Customs Enforcement. The Board will also receive and consider public comment related to this issue — action requested - ACCEPT FOR INFORMATION. (Sheriff -Coroner) 5.02 10:30 am — Itemized Costs and Penalties Related to Nuisance Abatement to Record a Lien and Impose a Special Assessment (Development Services) A. Code Enforcement Case No. CE18-1215; 669 Hurleton Swedes Flat Road, Oroville; APN 072- 360-012 - On January 22, 2019, 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 and penalties for Code Enforcement Case No. CE18-1215 for the property located at 669 Hurleton Swedes Flat Road in Oroville (Assessor's Parcel Number 072-360-012) as a special assessment of $3,711.72 (costs) and proposed lien of $38,500 (penalties) — action requested - APPROVE THE PROPOSED LIEN OF $38,500 AND A SPECIAL ASSESSMENT OF $3,711.72. B. Code Enforcement Case No. CE18-1009; 17169 Skyway, Stirling City; APN 059-085-003 - On October 25, 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 and penalties for Code Enforcement Case No. CE18-1009 for the property located at 17169 Skyway in Stirling City (Assessor's Parcel Number 059-085-003) as a special assessment of $4,427.80 (costs) and proposed lien of $73,500 (penalties) — action requested —APPROVE THE PROPOSED LIEN OF $73,500 AND A SPECIAL ASSESSMENT OF $4,427.80. C. Code Enforcement Case No. CE18-0563; 0 Blackhawk Trail, Feather Falls; APN 071-280-026 On September 19, 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 and penalties for Code Enforcement Case No. CE18-0563 for the property located at 0 Blackhawk Trail in Feather Falls (Assessor's Parcel Number 071-280-026) as a special assessment of $5,918.68 (costs) and proposed lien of $90,000 (penalties) — action requested -APPROVE THE PROPOSED LIEN OF $90,000 AND A SPECIAL ASSESSMENT OF $5,918.68. Page 10 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 23, 2019 D. Code Enforcement Case No. CE18-1120; 66 Rebie Way, Oroville; APN 073-120-029 - On October 31, 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 and penalties for Code Enforcement Case No. CE18-1120 for the property located at 66 Rebie Way in Oroville (Assessor's Parcel Number 073-120-029) as a special assessment of $4,705.44 (costs) and proposed lien of $31,500 (penalties) — action requested - APPROVE THE PROPOSED LIEN OF $31,500 AND A SPECIAL ASSESSMENT OF $4,705.44. E. Code Enforcement Case No. CE18-0932; 0 Hecker Way, Feather Falls; APN 071-290-053 - On October 25, 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 and penalties for Code Enforcement Case No. CE18-0932 for the property located at 0 Hecker Way in Feather Falls (Assessor's Parcel Number 071-290-053) as a special assessment of $3,949.05 (costs) and proposed lien of $15,000 (penalties) — action requested - APPROVE THE PROPOSED LIEN OF $15,000 AND A SPECIAL ASSESSMENT OF $3,949.05. F. Code Enforcement Case No. CE18-1203; 15137 Siwini Road, Forest Ranch; APN 063-040-053 On January 16, 2019, 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 and penalties for Code Enforcement Case No. CE18-1203 for the property located at 15137 Siwini Road in Forest Ranch (Assessor's Parcel Number 063-040-053) as a special assessment of $4,415.17 (costs) and proposed lien of $41,000 (penalties) — action requested -APPROVE THE PROPOSED LIEN OF $41,000 AND A SPECIAL ASSESSMENT OF 4,415.17. G. Code Enforcement Case No. CE18-0990; 12964 Mohawk Way, Concow; APN 058-530-021 On November 13, 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 and penalties for Code Enforcement Case No. CE18-0990 for the property located at 12964 Mohawk Way in Concow (Assessor's Parcel Number 058-530-021) as a special assessment of $5,141.41 (costs) and proposed lien of $28,500 (penalties) — action requested - APPROVE THE PROPOSED LIEN OF $28,500 AND A SPECIAL ASSESSMENT OF $5,141.41. 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. RECESS Recess as the Butte County Board of Supervisors and convene as the In -Home Supportive Services Public Authority Board. Page 11 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 23, 2019 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AGENDA APRIL 23, 2019 1. CALL TO ORDER 2. CONSENT AGENDA (NO ITEMS) 3. REGULAR AGENDA (NO ITEMS) 4. PUBLIC COMMENT Comments to the In -Home Supportive Services Public Authority 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 In -Home Supportive Services Public Authority Board is prohibited from taking action on any item not listed on the agenda. 5. CLOSED SESSION (To be held contemporaneously with the Board of Supervisors Closed Session) 5.01 Conference with Labor Negotiator Pursuant to Government Code Section 54957.6 Labor Negotiators: Shelby Boston, Brian Ring, and Jack Hughes ADJOURNMENT Adjourn as the In -Home Supportive Services Public Authority Board and reconvene as the Butte County Board of Supervisors. Page 12 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 23, 2019 7. BOARD OF SUPERVISORS CLOSED SESSION (To be held contemporaneously with the In -Home Supportive Services Public Authority Board closed session) 7.01 Public EmDlovee Emplovment. ADDointment. Recruitment. Performance Evaluations. Includin Goals, Pursuant to Government Code section 54957: A. Agricultural Commissioner B. Behavioral Health Director C. Chief Administrative Officer D. Chief Probation Officer E. Child Support Services Director F. County Counsel G. Development Services Director H. Employment and Social Services Director I. Human Resources Director J. Information Services Director K. Library Director L. Public Health Director M. Public Works Director N. Water and Resources Conservation Director 7.02 Actual Litigation Pursuant to Government Code section 54956.9(d)(1): A. County of Butte v. PG&E Corporation, Pacific Gas and Electric Company; Butte County Superior Court Case No. 19CV00151 and U.S. Bankruptcy Court, Northern District, San Francisco Division Case No. 19-30088; and B. County of Butte v. California Department of Water Resources; Third District Court of Appeals Case No. C071785 and California Supreme Court Case No. 5253810. Page 13 Butte County Department Heads Agricultural Commissioner: Luis Mendoza Assessor*: Diane Brown Auditor -Controller*: Graciela Gutierrez Behavioral Health: Dorian Kittrell Chief Administrative Officer: Shari McCracken Chief Probation Officer: Wayne Barley Child Support Services: Sean Farrell Clerk -Recorder/ Registrar of Voters* Candace Grubbs County Counsel: Bruce Alpert Development Services: Tim Snellings District Attorney*: Mike Ramsey Employment & Social Services: Shelby Boston Fire Chief: David Hawks General Services: Grant Hunsicker Human Resources: Pamela Knorr Information Systems: Art Robison Library: Melanie Lightbody Interim Public Health: Aaron Quin Public Works: Dennis Schmidt Sheriff -Coroner*: Kory Honea Treasurer -Tax Collector* Troy Kidd LIC Cooperative Extension Advisor: Luis Espino Water & Resource Conservation: Paul Gosselin *Elected Official Information and Procedures Concerning the Agenda and Board of Supervisors Meetings Meeting Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed 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 website page. Agenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72 hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to explain each agenda item (excluding documents that are not a public record within the meaning of the Public Records Act) are available for your review at the County Administrative Office, the Chico, Oroville, and Paradise libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies of 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 been received but not included in the agenda supporting material. Copies of all communications received by the Board of Supervisors (excluding documents that are not a public record within the meaning of the Public Records Act) are available at the County Administrative Office upon request. Agenda Format and Meeting Order: The agenda is usually organized into the following areas and meetings generally proceed in the following order: 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 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 Chair asks if there is anything anyone would like to remove from the Consent Agenda, stand and approach the podium and request the item be removed. The removed items are discussed at the end of the Regular Agenda. 2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items removed from the Consent Agenda are discussed under this section. 3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are 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. 4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda, but may respond to statements or questions and provide staff direction. 5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances. This area of the agenda identifies those items that will be discussed during the closed session. Public Participation: 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 to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing of these policies and procedures can be found in the printed booklet agenda, obtained at the County Administrative Office, or viewed at the Clerk of the Board website. The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with 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. to request disability -related modifications/accommodations, or to request materials in alternate formats. All requests for special accommodations and/or alternative format documents must be made 48 hours prior to the meeting. For further information contact the: Clerk of the Board of Supervisors County Administration Office 25 County Center Drive, Suite 200, Oroville, CA 95965 530-552-3300 Page 14