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HomeMy WebLinkAboutA082719+ C A L V F 0 R N V A SHARI MCCRACKEN CHIEF ADMINISTRATIVE OFFICER & CLERK OF THE BOARD 1. CALL TO ORDER BUTTE COUNTY BOARD OF SUPERVISORS REGULAR MEETING AGENDA AUGUST 27, 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 TAM RITTER, DISTRICT DOUG TEETER, VICE CHAIR, DISTRICT 5 BRUCE ALPERT, COUNTY COUNSEL 3.01 Revenue Agreement Amendment with the State Department of Health Care Services (DHCS) for Crisis Counseling Assistance and Training Program (CCP) for the Camp Fire Services - On November 12, 2018, the State of California received a Presidential Disaster Declaration due to the Camp Fire. On April 9, 2019, the Board of Supervisors approved a grant agreement with the DHCS, which funded the CCP for Butte County. The initial agreement was for the term of the Immediate Services Program, which ended on May 11, 2019. The program was replaced with the Regular Services Program (RSP), which remains in effect until February 29, 2020. This amendment adds additional funding of $2,200,758 for the RSP period. The Department of Behavioral Health received the grant amendment from DHCS for the RSP budget on August 15, 2019. The Department contracts with Northern Valley Catholic Social Service, which provides behavioral health support in the affected areas, primarily relying on face-to-face contacts with survivors in their communities. The Department recommends amending the agreement with DHCS for the CCP grant funding. The term of the agreement is November 12, 2018 through February 29, 2020, not -to -exceed $2,525,522. All other terms remain the same — action requested — 1) APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE INTERIM DIRECTOR OF BEHAVIORAL HEALTH TO SIGN; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) 3.02 Approval of Minutes for Board of Supervisors Meeting - Submitted for approval are the minutes for the August 13, 2019, Board of Supervisors Regular Meeting — action requested - APPROVE THE AUGUST 13, 2019, BOARD OF SUPERVISORS REGULAR MEETING MINUTES AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) Page 1 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - AUGUST 27, 2019 3.03 Contract Amendments with Nicole Diamond and Desire Vance for Indigent Defense Services Butte County is required by law to provide criminal defense representation for indigent defendants. Butte County fulfills its obligation to provide criminal indigent defense services through contracts with a consortium of local attorneys. In August 2019, Butte County Superior Court implemented a Mental Health Diversion Court (MHDC), where defendants with a diagnosed qualified mental disorder, whose disorder played a significant role in the commission of the charged offense, can be diverted by judicial discretion to the MHDC to undergo a supervised treatment plan in lieu of criminal prosecution. Public defenders provide primary supervision for the majority of participants. Due to the increased workload, the public defender consortium will need to add a half time attorney. To achieve this, full time attorney Desire Vance will shift half of her caseload to current half-time attorney Nicole Diamond, who will become a full time attorney. Ms. Vance will continue to be a full time attorney, with half a regular caseload plus the MHDC and Veterans Court. The Veterans Court assignment previously had a stipend fixed to it, which has now been incorporated into the regular compensation. The contract amendment for Nicole Diamond increases the maximum financial obligation by $152,736, not - to -exceed $364,403 over the three-year term of November 1, 2018 through June 30, 2021. The contract amendment for Desire Vance decreases the maximum financial obligation by $27,599, not -to -exceed $405,573 — action requested - APPROVE CONTRACT AMENDMENTS (2) AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.04 Budget Adjustment and Contract Amendment with Foster Morrison for Local Hazard Mitigation Plan (LHMP) Update - On January 9, 2018, the Board of Supervisors authorized the Emergency Services Officer to apply for grant funding to update the County's Multi -Jurisdictional LHMP. This plan provides a framework to identify natural disasters and reduce their effects. The plan is a requirement to be eligible for hazard mitigation project funding and disaster grants. The plan is required to be updated every five years. The County subsequently received the grant in the amount of $75,000 with a required local match of $25,000 and contracted with Foster Morrison to update the plan in an amount not to exceed $99,000. Due to the Camp Fire and the large amount of new post fire data that needs to be included in the hazard assessment, the contract amount needs to be increased for the additional work. Additionally, the Butte County Office of Education (BCOE) has requested an annex to the plan that will provide coverage for 14 school districts and more than 20 charter schools. To cover these additions to the plan update, the Emergency Services Officer recommends approval of a contract amendment increasing the not - to -exceed cost from $99,000 to $199,000. Of the $100,000 in the increased amount, the State will fund $75,000 through a grant. The County and BCOE will each pay its local match of $12,500 —action requested -1) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); AND 2) APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.05 Agreement and Certification with U.S. Department of Justice for Federal Equitable Sharing Program - The District Attorney's Office participates in the Federal Equitable Sharing Program. The Department of Justice Asset Forfeiture Program is a nationwide law enforcement initiative that removes the tools of crime from criminal organizations, deprives wrongdoers of the proceeds of the crimes, recovers property that may be used to compensate victims, and deters crime. An Equitable Sharing Agreement and Certification is required annually to be filed with the United States Department of Justice. The report for Fiscal Year (FY) 2018-19 has been prepared and summarizes program expenditures and revenues. In FY 2018-19, funds were used to maintain computer software for the Department's case management system. A total of $13,760 was expended — action requested — 1) APPROVE THE EQUITABLE SHARING AGREEMENT AND CERTIFICATION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) AUTHORIZE ELECTRONIC SUBMISSION. (District Attorney) Page 2 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - AUGUST 27, 2019 3.06 Real Estate Fraud Annual Report for FY 2018-19 - Pursuant to Government Code section 27388, and Board of Supervisors Resolution No. 08-156, a fee is paid at the time of recording certain real estate documents for the purpose of providing funds for the District Attorney to deter, investigate, and prosecute real estate fraud. The funds are used to support the Real Estate Fraud Prosecution Program. The District Attorney is to file an annual report with the Board regarding the effectiveness of the Real Estate Fraud Investigation and Prosecution Program. Submitted is the report for FY 2018-19. In the year, the District Attorney handled 56 referrals, and closed 49 investigations. Seven investigations remain ongoing — action requested - ACCEPT FOR INFORMATION. (District Attorney) 3.07 Budget Adjustment - Adult Protective Services (APS) Home Safe Program - California Assembly Bill 1811 (2018 Human Services Omnibus) established the Home Safe Program with the goal of supporting safety and housing stability of individuals in APS by providing housing -related assistance using evidence -based practices for homeless assistance and prevention. The Department of Employment and Social Services recently received approval for the Home Safe Program funding of $100,000 for FY 2019-20, and $100,000 for FY 2020-21. Counties participating in this program are expected to provide assistance using a range of housing -related strategies. The Department will implement prevention and diversion services including short- term financial housing assistance, housing -related case management, and collaboration with partner agencies for longer-term assistance and engagement with the community homelessness system. The Department estimates it will serve 96 clients with short and long-term assistance in FY 2019-20 through the Home Safe Program. The Department recommends approving a budget adjustment to fund this new program — action requested - APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Employment and Social Services) 3.08 Budget Adjustment - Completion of the Communications Tower at 479 East Park Avenue, Chico The communications site located at 479 East Park Avenue, Chico, is an integral part of the overall County communications infrastructure. A $913,490 capital project was established to replace the failed tower and it was anticipated that the new tower would be constructed by the end of FY 2018-19. However, it was determined that the entire grounding system of the tower is not adequate, and a new grounding system needs to be designed and constructed preventing the project from being completed before the end of FY 2018-19 and increasing the total project cost by $179,000. The Department of General Services and the Department of Information Systems recommends that the Board of Supervisors approve a $543,000 budget adjustment for completion of the project. The budget adjustment, from General Fund Appropriations for Contingencies, includes rebudgeting $364,000 that was not spent in FY 2018-19, and an additional $179,000 to complete the grounding system design and reconstruction. This will bring the total project cost to approximately $1,092,490 — action requested — APPROVE BUDGET ADJUSTMENT FROM GENERAL FUND APPROPRIATION FOR CONTINGENCIES (4/5 VOTE REQUIRED). (General Services / Information Systems) Page 3 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - AUGUST 27, 2019 3.09 Budget Adjustment - Fencing at the Paradise Branch of the County Library -The Paradise Library Branch, located at 5922 Clark Road in Paradise, includes nearly three acres of open space behind the facility that is mowed for fire prevention, but otherwise left in a natural state. Pedestrian traffic has significantly increased subsequent to the Camp Fire and to deter unauthorized access and activities in the open space which puts the property at risk, the Department of General Services and County Library desire to install a fence around the open space. The Departments recommend that the Board of Supervisors approve a $59,000 budget adjustment for the fencing project. The project is funded with $34,000 from insurance proceeds and a $25,000 risk mitigation grant from the California State Association of Counties Excess Insurance Authority, the County's property insurance program — action requested - APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (General Services / Library) 3.10 Contract with Esplanade Office for System Furniture Services for Public Projects - Most Public Projects, defined as construction, alteration, demolition, maintenance or repair work, done under contract and paid for in whole or in part with public funds that entail facility remodeling also require systems furniture services as part of the Public Project. The Department of General Services conducted a Request for Proposals to identify firms qualified to provide such services to the County and four proposals were received. The Department recommends entering into a contract with Esplanade Office for systems furniture services for public projects. The term of the contract is August 27, 2019 through June 30, 2024, not -to -exceed $750,000. Over the next few months, it is the intent of the Department to negotiate contracts with the other three respondents to provide flexibility and best pricing options. Funding will be included in various project budgets as they are approved — action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 3.11 Notice of Completion for 765 East Avenue, Chico, Department of Employment and Social Services Relocation Project - On May 8, 2018, the Board of Supervisors approved a $1,378,398 contract with Slater and Son, Inc. for tenant improvements at 765 East Avenue in Chico for the relocation of the Department of Employment and Social Services. During construction, a total of 35 change orders were necessary to complete the project. The change orders total $227,880, or 16.5% of the original contract amount, bringing the total costs for the contract to $1,606,278. The work has been inspected and approved by the Department of General Services and the City of Chico Building Division. The Department recommends the Board ratify the change orders, accept the work as complete, and direct staff to record an executed Notice of Completion — action requested 1) RATIFY THE CHANGE ORDERS; 2) ACCEPT THE WORK AS COMPLETE; 3) AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND 4) DIRECT STAFF TO RECORD AN EXECUTED NOTICE OF COMPLETION. (General Services) Page 4 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - AUGUST 27, 2019 3.12 Resolution to Amend the Salary Ordinance -The Department of Human Resources recommends the Board of Supervisors adopt a resolution amending the Salary Ordinance for the following departments: HUMAN RESOURCES: Amend Section 28C of the Salary Ordinance No. 4149 of the County of Butte entitled "General Unit" by adding the Class Code 1020 "Water Resources Aide" Range 31. The Water Resources Aide will be used by the Water and Resource Conservation Department for temporary help to assist with fieldwork and/or data analysis. The applicable employee group has agreed to these changes. Amend Section 28F of the Salary Ordinance No. 4149 of the County of Butte entitled "Confidential Employees" by adding the Class Code 1317 "Human Resources Benefits Analyst" Range 47. The applicable employee group has agreed to these changes. Concurrent with Human Resource's request, add 1 Human Resources Benefits Analyst position and delete 1 vacant flexibly staffed Human Resources Analyst position. The addition of this new classification is to address operational needs of the Department. Total allocations to remain unchanged. There will be no impact on the County General Fund Budget. PUBLIC HEALTH: Add 1 Animal Control Dispatcher position and delete 1 flexibly staffed Administrative Assistant position. This change will better meet the daily operational needs of the Department by providing more coverage for dispatch and allow for more cross training opportunities. Total allocations to remain unchanged. There will be no impact on the County General Fund Budget. Action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.13 Budget Adjustment — U.S. Institute of Museum and Library Services Grant - The Library Department received a grant from the U.S. Institute of Museum and Library Services under the provisions of the Library Services and Technology Act, administered in California by the State Librarian for Services. Through the grant, library staff and volunteertutors will be trained to assist immigrants' increase awareness of available resources in the library through webinars, conference calls, and materials. Educational resources to improve English skills, initiate the naturalization process, and prepare for the citizenship test will also be highlighted. The grant period is July 1, 2019 through August 31, 2020. The Department recommends approval of a budget adjustment utilizing the grant amount of $60,585 — action requested - APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Library) Page 5 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - AUGUST 27, 2019 3.14 Budget Adjustment - Post Release Community Supervision Revenue - With the implementation of California Parole for Non -Violent Criminals and Juvenile Court Trial Requirements Initiative, known as Proposition 57, the State recalculated the sentences of those serving time in State prison. As a result, Butte County has experienced an increase in Post Release Community Supervision (PRCS) populations. The State allocated funding for each County based on these increases, resulting in Butte County receiving $287,000 to assist with offenders returning back to Butte County. The Probation Department intends to utilize the funds to offset increased costs in programming and treatment provided to support community reintegration of probationers. The Department received this revenue late in FY 2018-19, therefore it was not expended and was placed in the assigned fund balance. The Department recommends using the assigned fund balance to increase appropriations for treatment and transitional reentry services, housing assistance, electronic monitoring, drug testing lab supplies, training for staff, clothing, document assistance, and transportation services for probationers — action requested - APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Probation) 3.15 Allocation Agreement with the California Department of Public Health (CDPH) for Tobacco Control Education Program - CDPH provides funding to local agencies for tobacco control education programs from Proposition 99 (Tobacco Tax and Health Promotion Act of 1988) and Proposition 56 (Cigarette Tax to Fund Healthcare, Tobacco Use Prevention, Research and Law Enforcement). The three objectives of the tobacco control program for FY 2019-20 in Butte County are: 1) Improve the health of residents by working with one jurisdiction within Butte County towards the adoption of a tobacco retail licensing policy which restricts the sale and distribution of flavored tobacco products for that jurisdiction. 2) Improve the health of residents by working with one jurisdiction within Butte County to adopt and implement a policy designating 100% of individual units in the market -rate multi- unit housing complexes as smoke-free. 3) Build support to address tobacco related health disparities through recruiting new representatives for the Butte County Tobacco Prevention Coalition from diverse and priority populations, such as African-American, LGBTQ+, and low socio-economic status. The Department of Public Health recommends entering into an allocation agreement with CDPH to provide services through the Tobacco Control Education Program. Additional program information is included in the staff report. The term of the allocation agreement is July 1, 2019 through June 30, 2020, with the maximum amount receivable of $409,283 — action requested - APPROVE ALLOCATION AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Health) Page 6 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - AUGUST 27, 2019 3.16 Budget Adjustment - County Service Area (CSA) - 172 Autumn Park Subdivision -The Department of Public Works performs work on CSA 172 - Autumn Park Subdivision Street Lighting, Stormwater Drainage, Fire Suppression, and Landscape Maintenance District. The current budget does not include funds for the Department to perform unanticipated maintenance and repair work. The Department recently removed sandbags placed during the 2019 Storm Events at a cost of $2,255. This cost is expected to be partially reimbursable by the Federal Emergency Management Agency due to the emergency declaration for the storm event. Additionally, the back flow prevention device on the fire protection well system was recently repaired. The Department has not yet been billed, but the estimated cost of this repair is $5,000. The Department recommends a budget adjustment for CSA 172 - Autumn Park Subdivision for the expenses associated with this work. Fund balance in the amount of $7,255 will be used for the expenses. The remaining fund balance is $16,218 — action requested — APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Public Works) 3.17 Capital Asset Surplus — Vehicle - The Department of Public Works recommends the Board of Supervisors declare surplus a 2018 Dodge Ram pickup that was severely damaged in a vehicle accident. Due to the severity of the collision, the vehicle was totaled. The Department of Motor Vehicles has certified this vehicle as "Junked" and it will be disposed of as scrap. The Department recommends the Board declare the vehicle as surplus to the needs of the County, remove the vehicle from the Capital Asset Ledger, and authorize staff to dispose of the vehicle — action requested —DECLARE CAPITAL ASSET SURPLUS TO THE NEEDS OF THE COUNTY. (Public Works) 3.18 Capital Asset Surplus - Vehicles for Auction - The Board of Supervisors declares vehicles surplus that are no longer serviceable or no longer needed by the County prior to auctioning the items. The Department of Public Works recommends the Board declare 14 vehicles as surplus to the needs of the County and authorize the County Purchasing Agent to auction the items — action requested — DECLARE CAPITAL ASSETS (14) SURPLUS TO THE NEEDS OF THE COUNTY. (Public Works) 3.19 Contract with Knife River Construction for the Ophir Road Full Depth Reclamation (FDR) Rehabilitation Project -The Ophir Road FDR Rehabilitation Project will provide critical repairs to the roadway facilities damaged by the general use of the public and increased emergency responder and truck traffic associated with recent emergencies. The total length of the project located on Ophir Road between Lincoln Boulevard and Lower Wyandotte Road is approximately 1.25 miles. The scope of this project is to grind the existing asphalt surface and add cement into a FDR mixture and regrade the surface back to the existing grade prior to placing a new four inch asphalt driving surface. The engineer's estimate for construction is $1,269,000 for the proposed work. The project was advertised on July 24, 2019, and posted on PublicPurchase.com. A total of four bids were received on August 15, 2019, ranging from a low of $1,118,341 to a high of $1,280,280. The lowest responsive bid of $1,118,341 was received from Knife River Construction of Chico. The contract allows 35 working days from the date of issuance of the Notice to Proceed until completion of the project. The Department of Public Works recommends authorization to award the contract to Knife River Construction for the Ophir Road FDR Rehabilitation Project — action requested — 1) APPROVE THE PLANS AND SPECIFICATIONS; 2) AUTHORIZE THE CHAIR TO SIGN THE PLANS; 3) AWARD THE CONTRACT TO KNIFE RIVER CONSTRUCTION; AND 4) AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS TO SIGN THE CONTRACT. (Public Works) Page 7 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - AUGUST 27, 2019 3.20 Budget Adjustment and Contract with Tetra Tech for Professional Tree Debris Monitoring Services of Removal of Trees in the County Road Right-of-Way—The Department of Public Works is responsible for removing burnt, dead, and dying trees within the County road right-of-way as part of the Camp Fire recovery effort. Approximately 7,000 trees have been identified by an arborist as hazardous in accordance with Federal Emergency Management Agency (FEMA) guidelines, and need to be removed. Federal regulations require the County to monitor the removal of the tree debris. The tree removal project is divided into five areas. The Department solicited proposals from qualified firms on July 9, 2019, and received three complete proposals on July 26, 2019. The contractor will provide professional debris monitoring services for trees to track all removal activities to document quantities, types, and how removal operations occur, and ultimately confirm that the tree removal contractor removes eligible tree debris. Evaluations of the three proposals considered experience, technical qualifications, and capacity. Tetra Tech was determined to be the most qualified firm. The Department recommends entering into a contract with Tetra Tech for debris monitoring services. The term of the contract is August 27, 2019 through August 30, 2021, not -to -exceed $1,318,965. The majority of costs will be reimbursed by FEMA and CalOES — 1) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); AND 2) APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.21 Budget Adjustment and Contracts with Area West Environmental and NorthStar for Professional Biological Monitoring of Removal of Trees in the County Road Right -of -Way — The Department of Public Works is responsible for removing burnt, dead, and dying trees within the County road right-of-way as part of the Camp Fire recovery effort. Approximately 7,000 trees have been identified by an arborist as hazardous in accordance with Federal Emergency Management Agency guidelines and need to be removed. Federal regulations require the County to monitor the removal of the tree debris. The tree removal project is divided into five areas. The Department solicited for proposals from qualified biologists on July 18, 2019 and received seven proposals on August 5, 2019. The contractors will provide specialized biological monitoring services to comply with State and federal regulations, and avoid and minimize impacts to biological resources during hazard tree removal operations. Evaluations of the seven proposals considered experience, technical qualifications, and capacity. Area West Environmental and NorthStar were determined to be the most qualified. The Department recommends entering into two contracts for biological monitoring during tree removal. The contract with Area West Environmental is for monitoring three of the areas. The contract term is August 27, 2019 through August 30, 2021, not -to -exceed $1,197,000. The contract with NorthStar is for two of the areas. The contract term is August 27, 2019 through August 30, 2021, not -to -exceed $915,000. The majority of costs will be reimbursed by FEMA and CalOES — action requested — 1) APPROVE CONTRACTS (2) AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE BUDGET ADJUSTMENT. (Public Works) Page 8 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - AUGUST 27, 2019 3.22 Land Conservation Act (Williamson Act) Resolution for the Lower Centerville Embankment Failure Project - The County received Notification of Obligation in November 2018 to proceed with Preliminary Engineering, which includes right-of-way acquisition the Lower Centerville Embankment Failure Project. This project will repair two sites: one will realign the existing roadway and the other will integrate a soldier pile wall adjacent to the roadway embankment. The Board of Supervisors authorized the Director of Public Works on January 23, 2018 to approve an agreement with Dokken Engineering for Preliminary Engineering; including project design, Right -of -Way Acquisition, geotechnical, surveying, and environmental services. The project agreement requires the County to acquire all rights-of-way and easements necessary to construct the project. The appraised estimated cost of right-of-way purchase for fee title and temporary construction easements for the required portion of these properties is $1,600. On August 13, 2019, the Board approved a Resolution of Necessity making required eminent domain findings for the subject property in the event an agreement is not reached. The two parcels containing the required portions of the property for the projects are enrolled in the Williamson Act. On August 9, 2019, the appropriate Williamson Act notifications were sent to the Department of Development Services and the State Department of Conservation. The Board must adopt a resolution making required findings that the location is not based on the lower cost of agricultural preserve land and that there is no other land within or outside the agricultural preserve on which it is reasonably feasible to locate the public improvement — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.23 Capital Asset Surplus - Symtronics Eyecom DRS 3000 Microfilm Reader - In 2006, the Sheriff's Office purchased a microfilm reader. The Department has since converted or destroyed all old microfilm and no longer has a need for the microfilm reader. The Department recommends the microfilm reader be removed from the capital asset ledger and declared as surplus to the needs of the County — action requested - DECLARE CAPITAL ASSET SURPLUS TO THE NEEDS OF THE COUNTY. (Sheriff —Coroner) 3.24 Agreement and Certification with U.S. Department of Justice for Federal Equitable Sharing Program - The Sheriff's Office participates in the Federal Equitable Sharing Program. The Department of Justice Asset Forfeiture Program is a nationwide law enforcement initiative that removes the tools of crime from criminal organizations, deprives wrongdoers of the proceeds of the crimes, recovers property that may be used to compensate victims, and deters crime. An Equitable Sharing Agreement and Certification is required annually to be electronically filed with the U.S. Department of Justice. The report for FY 2018-19 has been prepared and summarizes program expenditures and revenues. In FY 2018-19, funds were used to fund helicopter maintenance, overtime, and a prisoner notification program. A total of $134,518 was expended — action requested - 1) APPROVE THE EQUITABLE SHARING AGREEMENT AND CERTIFICATION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) AUTHORIZE ELECTRONIC SUBMISSION. (Sheriff — Coroner) 3.25 Contract Amendment with Cordico Psvcholo2ical Corporation for Pre-emplovment Psvcholo2ical Evaluation Services - The Sheriff's Office recommends amending the contract with Cordico Psychological Corporation for pre-employment psychological evaluation services due to unexpectedly high volume of position vacancies and recruitment needs. The amendment increases the maximum payable amount of the contract by $20,000, not -to -exceed $65,000. All other terms remain the same — action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff — Coroner) Page 9 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — AUGUST 27, 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 htW://www.buttecounty.net/clerkoftheboard/AppointmentsList.aspx) A. Appointments to Listed Vacancies 1. Appointments to the Vina Groundwater Sustainability Agency (GSA)- Agricultural Well User — The Vina Groundwater Sustainability Agency (GSA) is the exclusive agency responsible for implementing the Sustainable Groundwater Management Act and developing the Groundwater Sustainability Plan for the Vina subbasin except for the area covered by Rock Creek Reclamation District. The Vina GSA Board has one seat for each Member Agency (Butte County, Chico, and Durham Irrigation District) and two Stakeholder Directors. One Stakeholder Director must meet the criteria for a Non - Agricultural Domestic Well User and the other seat must meet the criteria for an Agricultural Well User. The Stakeholder Directors are appointed by the Butte County Board of Supervisors. The Department of Water and Resource Conservation received applications from six qualified candidates to fill the Agricultural Well User Director position on the Vina GSA Board for a term ending on August 27, 2023: Rory Crowley, Steven Koehnen, Paul McGowen, Brian Mori, Jeff Rohwer, and Greg Sohnrey. Mr. Crowley withdrew his application on August 14, 2019. Per Section 7.3 of the Vina Agreement, the Board of Supervisors is limited to appoint the Agricultural Well User Director and alternate from the list of four nominees provided by the Agricultural Groundwater Users of Butte County (Association). The Association nominated Mr. Koehnen, Mr. Mori, Mr. Rohwer and Mr. Sohnrey. The Groundwater Pumper Advisory Committee met on July 25, 2019 and voted not to make a recommendation to the Board of Supervisors. The Vina GSA Ad-hoc Nomination Committee reviewed the candidates on August 15, 2019, and recommended that the Board of Supervisors appoint Mr. Rohwer and Mr. Sohnrey to the Agricultural Well User positions; one to the Director position and one to the Alternate position — action requested — 1) APPOINT ONE MEMBER TO THE VIVA GROUNDWATER SUSTAINABILITY AGENCY BOARD AS THE AGRICULTURAL WELL USER DIRECTOR, WITH ATERM ENDING AUGUST 27, 2023; AND 2) APPOINT ONE MEMBER TO THE VIVA GROUNDWATER SUSTAINABILITY AGENCY BOARD AS THE ALTERNATE AGRICULTURAL WELL USER DIRECTOR, WITH A TERM ENDING AUGUST 27, 2023. (Water and Resource Conservation) Page 10 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — AUGUST 27, 2019 2. Appointments to the Vina Groundwater Sustainability Agency (GSA) - Non -Agricultural Domestic Well User - The Vina GSA is the exclusive agency responsible for implementing the Sustainable Groundwater Management Act and developing the Groundwater Sustainability Plan for the Vina subbasin except for the area covered by Rock Creek Reclamation District. The Vina GSA Board has one seat for each Member Agency (Butte County, Chico, and Durham Irrigation District) and two Stakeholder Directors. One Stakeholder Director must meet the criteria for a Non -Agricultural Domestic Well User and the other seat must meet the criteria for an Agricultural Well User. The Stakeholder Directors are appointed by the Butte County Board of Supervisors. The Department of Water and Resource Conservation received applications from three eligible candidates for appointment to the Vina GSA Board to the Non -Agricultural Domestic Well User Director position with a term ending August 27, 2023: Ms. Kelli Lotti, Mr. Steve Kampfen, and Mr. Evan Tuchinsky. Per the Vina Agreement, the Vina GSA Ad-hoc Nomination Committee reviewed the eligible candidates on August 15, 2019 and recommended that the Board of Supervisors appoint either Ms. Lotti or Mr. Kampfen to the Non -Agricultural Domestic Well User Director position and to the Alternate Non -Agricultural Domestic Well User Director position — action requested —1) APPOINT ONE MEMBER TO THE VIVA GROUNDWATER SUSTAINABILITY AGENCY BOARD AS THE NON-AGRICULTURAL DOMESTIC WELL USER DIRECTOR, WITH A TERM ENDING AUGUST 27, 2023; AND 2) APPOINT ONE MEMBER TO THE VIVA GROUNDWATER SUSTAINABILITY AGENCY BOARD AS THE ALTERNATE NON-AGRICULTURAL DOMESTIC WELL USER DIRECTOR, WITH A TERM ENDING AUGUST 27, 2023. (Water and Resource Conservation) 3. Appointment to the Wyandotte Creek Groundwater Sustainability Agency (GSA) - The Wyandotte Creek GSA is the exclusive agency responsible for implementing the Sustainable Groundwater Management Act and developing the Groundwater Sustainability Plan for the Wyandotte Creek subbasin. The Wyandotte Creek GSA Board has one seat for each Member Agency (Butte County, Oroville, and Thermalito Water and Sewer District) and two Stakeholder Directors. One Stakeholder Director must meet the criteria for a Non -Agricultural Domestic Well User and the other must meet the criteria for an Agricultural Well User. Each seat on the Wyandotte GSA Board has a primary member and an alternate. The Stakeholder Directors are appointed by the Butte County Board of Supervisors. William Bynum submitted an application for appointment to the Wyandotte Creek GSA Board as the Non -Agricultural Domestic Well User Director with a term ending on August 27, 2023. Mr. Bynum meets the eligibility requirements for the position. Staff recommends that the Board of Supervisors appoint Mr. Bynum to the Wyandotte Creek GSA Board —action requested -APPOINT WILLIAM BYNUM TO THE WYANDOTTE CREEK GROUNDWATER SUSTAINABILITY AGENCY BOARD AS THE NON- AGRICULTURAL DOMESTIC WELL USER DIRECTOR, WITH A TERM ENDING AUGUST 27, 2023. (Water and Resource Conservation) 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 Page 11 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — AUGUST 27, 2019 4.04 Northern Sacramento Valley Integrated Regional Water Management (NSVIRWM) Board of Directors Bylaws - In 2014, the NSVIRWM Plan was adopted by Butte, Tehama, Glenn, Colusa, Shasta, and Sutter Counties. As part of the Plan, an eighteen member governing board was established. The NSVIRWM governing board (Board) consists of three members from each county with one being a County Supervisor and the other two members being appointed based on criteria set by each county. The NSVIRWM bylaws are being updated to reflect new State requirements and to reflect current NSVIRWM workload. The proposed amendments to the NSVIRWM bylaws include reducing each county's appointment to the NSVIRWM Board from three to two, plus an alternate. In addition, the NSVIRWM Board will add two Tribal representatives. The NSVIRWM Board will then have 14 members instead of 18. The amendments also reduce the required number of regular meetings based on current workload. On June 3, 2019, the NSVIRWM Board supported these changes provided that the respective County Board of Supervisors have the opportunity to review the changes and provide input. The Department of Water and Resource Conservation is informing the Board of Supervisors of the proposed changes to the NSVIRWM bylaws and affording an opportunity to provide staff with direction, if needed — action requested - PROVIDE DIRECTION TO STAFF. (Water and Resource Conservation) 4.05 Introduction of an Ordinance Creating Article XXIII to Chapter 2 of the Butte County Code Authorizing the Implementation of a Community Choice Aggregation Program - Pursuant to California Public Utilities Code section 366.2(c)(12), County Administration proposes the introduction of an ordinance which adds Article XXIII to Chapter 2 of the Butte County Code. The addition of Article XXIII would authorize Butte County to implement a community choice aggregation program — action requested - WAIVE THE FIRST READING OF THE ORDINANCE ENTITLED, "AN ORDINANCE OF THE BUTTE COUNTY BOARD OF SUPERVISORS AUTHORIZING THE IMPLEMENTATION OF A COMMUNITY CHOICE AGGREGATION PROGRAM AND ADDING ARTICLE XXIII ENTITLED, "COMMUNITY CHOICE AGGREGATION" TO CHAPTER 2 ENTITLED, "ADMINISTRATION" OF THE BUTTE COUNTY CODE. (County Administration) 4.06 Introduction of an Ordinance Repealing Chapter 51 of the Butte County Code Entitled "Temporary Retention of the Purchasing Manual During Transition to New Policies and Procedures" - On March 22, 2016, the Board of Supervisors adopted Chapter 51 of Butte County Code known as the "Temporary Retention of the Purchasing Manual During Transition to New Policies and Procedures," as well as Chapter 46 of Butte County Code known as "Purchasing" and the Center -Led Contracts/Procurement Policies and Procedures Manual (Center -Led Manual) effective May 12, 2016. The Department of General Services has provided training to all County departments and has transitioned all departments to the Center -Led Manual effective July 1, 2018. The Department recommends that Chapter 51 of the Butte County Code be repealed — action requested - WAIVE THE FIRST READING OF THE ORDINANCE ENTITLED, "AN ORDINANCE OF THE COUNTY OF BUTTE REPEALING CHAPTER 51 OF THE BUTTE COUNTY CODE ENTITLED "TEMPORARY RETENTION OF THE PURCHASING POLICY MANUAL DURING TRANSITION TO NEW POLICIES AND PROCEDURES." (General Services) Page 12 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — AUGUST 27, 2019 4.07 Request for Direction Regarding Application to the Senate Bill 2 (SB 2) Planning Grant Program Butte County is eligible for $310,000 in grant funding through the SB 2 (Atkins) Planning Grant Program to prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production. Applications for SB 2 planning grants are due by November 30, 2019, and grant funded activities must be completed by June 2022. Staff from Butte County, the City of Biggs, the City of Chico, the City of Oroville, and the Town of Paradise met with representatives from Housing and Community Development and the Governor's Office of Planning and Research on August 5, 2019 to receive technical assistance and discuss potential SB 2 funded planning projects. The Department of Development Services staff identified four potential projects: infrastructure planning for residential development in the Oroville area in coordination with the City of Oroville; land use and infrastructure planning for residential development in the Village Core of the North Chico Specific Plan in coordination with the City of Chico; updating the Butte County Climate Action Plan to maintain California Environmental Quality Act streamlining benefits for new residential development projects; and infrastructure planning for the Rio d'Oro Specific Plan area — action requested - PROVIDE DIRECTION TO STAFF. (Development Services) 5. PUBLIC HEARINGS AND TIMED ITEMS 5.01 10:00 am — Camp Fire Recovery Update - The Camp Fire burned unincorporated communities in Butte County and the Town of Paradise on November 8, 2018 taking the lives of 86 people, leaving nearly 19,000 structures destroyed and displacing more than 14,000 families. The Camp Fire recovery is an ongoing effort in coordination with local jurisdictions and organizations, as well as State and federal agencies. Staff from the County, the Governor's Office of Emergency Services, and the Federal Emergency Management Agency will be available to answer questions about recovery activities. A brief update of recovery activities and statistics will be added to this web page, https://buttecountyrecovers.org/butte-county-weekly-recovery-statistics/, on Monday prior to the Board Meeting — action requested — ACCEPT FOR INFORMATION. (County Administration) Page 13 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - AUGUST 27, 2019 5.02 10:30 am — Resolutions Amending the Master Fee Schedule for Services Provided by the Department of Agriculture, Department of Development Services, and Department of Public Health - The Butte County Master Fee Schedule is a schedule of fees for services provided by County departments. During the annual review process, the Department of Agriculture, Department of Development Services, and Department of Public Health identified a need for general cleanup and the addition of new fees in their fee schedules. A. Department of Agriculture / Weights and Measures - The Department of Agriculture recommends the removal of two agriculture fees and the addition of the following fees: one agriculture fee, seven weights and measures fees, and two cultivation of industrial hemp fees. In addition, general cleanup of language to two fees in their fee schedule is also included. The Department recommends amending the Butte County Master Fee Schedule to reflect the changes. Department of Development Services - The Department of Development Services recommends the following changes: removal of the Online fee amount for 17 fees that are not available Online; applying the Employment Cost Index of 3.9% to three Counter fees and one Online fee (these fees were inadvertently omitted in the Fee Schedule adopted by the Board on July 23, 2019); applying the permit fee of $66 to one solar energy fee; and general cleanup of the numbering and language of fees in their fee schedule. The Department recommends amending the Butte County Master Fee Schedule to reflect the changes. C. Department of Public Health -The Department of Public Health requests the addition of two new fees for testing of Norovirus and Influenza to be added to the Laboratory fee schedule, and the addition of two new fees for In -Vessel Digestion Facilities or Operations to be added to their Environmental Health fee schedule. The Department recommends amending the Butte County Master Fee Schedule to reflect the changes. Action requested — ADOPT RESOLUTIONS (3) AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 5.03 10:45 am - Update from the Alliance for Workforce Development on Operations in Butte County As part of the Northern Rural Training and Employment Consortium, the Alliance for Workforce Development delivers the federal Workforce Investment Act programs for Adults, Youth, Dislocated Workers, and Businesses throughout Butte County. The Director of Business Services, Amy Velazquez, will provide the Board of Supervisors with an update on the status of services provided in Butte County—action requested—ACCEPT FOR INFORMATION. (Other—Alliance for Workforce Development) Page 14 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - AUGUST 27, 2019 5.04 11:00 am - Housing and Homeless Services A. Presentation by the Leadership Academy — Housing and Homelessness Division Leadership Academy Housing and Homelessness Presentation, and Budget Adjustment and Resolution to Amend the Salary Ordinance to Establish a Housing and Homeless Service Branch in the Department of Employment and Social Services - A group of employees in the Butte County Leadership Academy will provide a presentation on a recommended County structure to assist in addressing the housing and homelessness crisis. They, along with the Department of Employment and Social Services (DESS) and County Administration, recommend establishing a Housing and Homeless Services Branch that will centralize efforts to prevent homelessness and coordinate solutions for permanent supportive housing within Butte County. The Housing and Homeless Branch will focus on four primary areas: 1. Respond to barriers and gaps in homeless and housing services by making the best use of existing resources. 2. Work with the Butte County Continuum of Care as the collaborative applicant/lead agency. 3. Position the County and the Department to efficiently apply for and obtain new funding opportunities. 4. Provide support to local jurisdictions and community based organizations. The Department of Human Resources prepared a resolution to amend the Salary Ordinance adding four new positions to the Department: Housing and Homeless Administrator, Housing Navigator, Program Manager, and Administrative Analyst. The related budget adjustment of $410,000 will fund the new positions as well as related costs. DESS has received State and federal funding for these positions and related costs. Action requested -1) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) 5.05 1:00 pm - 2019 Building Code Adoption Preview - The California Code of Regulations (CCR) Title 24 is updated and adopted Statewide every three years by the California Building Standards Commission. These standards are mandated as the minimum code to be enforced by all city and county jurisdictions throughout the State. The 2019 codes have been published and will be in effect January 1, 2020. The staff report provides a brief overview of the process at the State and local levels and discusses the benefits of adopting codes locally. The Board of Supervisors will consider the proposed code adoption in October 2019 — action requested - ACCEPT FOR INFORMATION. (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 15 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - AUGUST 27, 2019 7. BOARD OF SUPERVISORS CLOSED SESSION 7.01 Public EmDlovee EmDlovment. 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. 7.03 Conference with Labor Negotiator Pursuant to Government Code Section 54957.6: Negotiators: Jack Hughes, Sheri Waters, and Meegan Jessee Employee Organizations: Teamsters - General Unit; Teamsters - Social Services Workers' Unit; Butte County Management Employees Association; Butte County Probation Peace Officers Association; Butte County Probation Peace Officers Association - Management Unit; Butte County Professional Employees' Association; Butte County Deputy Sheriff's Association - General Unit; Butte County Deputy Sheriff's Association - Management/Supervisory Unit; Butte County Correctional Officers Association - General Unit; Butte County Correctional Officers Association - Supervisory Unit; UPEC Local 792 - Skilled Trades Unit; Butte County Deputy District Attorneys Association - Attorney Unit; Confidential Unit; Non -Represented Unit; Board of Supervisors Executive Assistants Page 16 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 Interim Behavioral website page. Health: Scott Kennelly Agenda Information: Chief Administrative The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72 Officer: hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board Shari McCracken website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to Chief Probation 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, Interim Human but may respond to statements or questions and provide staff direction. Resources: 5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances. This area Sheri Waters of the agenda identifies those items that will be discussed during the closed session. Information Systems: Public Participation: Art Robison Library: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow Melanie Lightbody 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. Public Health: The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing Danette York of these policies and procedures can be found in the printed booklet agenda, obtained at the County Public Works: Administrative Office, or viewed at the Clerk of the Board website. Dennis Schmidt The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with Sheriff -Coroner*: 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. Kory Honea to request disability -related modifications/accommodations, or to request materials in alternate formats. All Treasurer -Tax Collector*: requests for special accommodations and/or alternative format documents must be made 48 hours prior to the Troy Kidd meeting. LIC Cooperative Extension Advisor: For further information contact the: Luis Espino Clerk of the Board of Supervisors County Administration Office Water & Resource 25 County Center Drive, Suite 200, Oroville, CA 95965 Conservation: 530.552.3300 Paul Gosselin *Elected Official Page 17