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HomeMy WebLinkAboutA100819+ 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 OCTOBER 8, 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 Mental Health Services Act (MHSA) Innovation Project Expansion - In November of 2004, California voters passed Proposition 63 creating the MHSA, which created an additional 1% tax on any California resident making more than $1 million dollars. The revenue is distributed to counties in order to accomplish an enhanced system of care for mental health services. One component of the MHSA is Innovation. The Mental Health Services Oversight Accountability Commission (MHSOAC) controls funding approval for all Innovation projects. Innovation is defined as a project that a county designs and implements for a defined period of time and evaluates to develop new best practices in mental health services and supports. On February 27, 2018, the Board of Supervisors approved the Physician Committed Innovation Project (Project), which was approved by MHSOAC on May 25, 2018. Since the implementation of the Project, the need for these services has increased with the impacts of the Camp Fire. The Department of Behavioral Health recommends an expansion of the project to accommodate the increased need. On September 18, 2019, the Behavioral Health Advisory Board recommended the proposed expansion of the current Project to be sent to the Board of Supervisors for approval as required by the MHSOAC. With the MHSOAC approval, the proposed expansion would add an additional 2 Behavioral Health Specialists to provide the needed mental health interventions, and 1 Behavioral Health Clinician for mental health assessments to youth within Butte County— action requested - APPROVE THE CHANGES TO THE BUTTE COUNTY INNOVATION PROJECT FOR SUBMITTAL TO MHSOAC. (Behavioral Health) Page 1 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 8, 2019 3.02 Contract with Stott Outdoor Advertising (Stott) for Billboard Advertising - Stott provides strategic billboard advertising services throughout California. Stott will provide billboard advertising for opioid prevention and education for the Department of Behavioral Health's prevention program. The Department of Health Care Services (DHCS) awarded the Department additional funding through the Partnerships for Success grant, which funds opioid prevention education. The Department recommends entering into a contract with Stott to provide billboard advertising. The term of the contract is date of execution through June 30, 2020, not -to -exceed $40,894 — action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) 3.03 Board of Supervisors Regular Meeting Minutes - Submitted for approval are the minutes for the September 24, 2019, Board of Supervisors Regular Meeting — action requested - APPROVE THE SEPTEMBER 24, 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 the 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 60 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 Continuation of Local Disaster Proclamation Due to the June Public Safety Power Shutoffs (PSPS) and Expansion to Include September PSPS Events - A local emergency presently exists in the County due to the June 2019 PSPS in accordance with the proclamation made by the Chief Administrative Officer on June 8, 2019, and reaffirmed and ratified by the Board of Supervisors on June 11, 2019. The local emergency resulting from conditions of the June 2019 PSPS is still in effect. In addition, the September 23 and 25, 2019 PSPS Alpha and Bravo events have been added to the June 2019 proclamation. State law requires that the Board of Supervisors review the need for continuing the local emergency every 60 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 JUNE 2019 PSPS EMERGENCY AND EXPANDING THE EMERGENCY DECLARATION TO INCLUDE THE SEPTEMBER PSPS EVENTS; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) Page 2 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 8, 2019 3.06 Golden State Finance Authority (GSFA) Joint Powers Authority (JPA) Agreement Amendment and Resolution —The GSFA Board of Directors voted unanimously to approve the proposed revisions to the JPA agreement (Agreement). The Agreement was last amended in May of 2015. The proposed changes expressly authorize GSFA to establish and operate programs and projects to promote public safety, economic development, and environmental protection, including without limitation forest resiliency, wildfire risk reduction, air quality improvement, and waste diversion and reuse; clarify that GSFA may finance the preservation of real property and infrastructure; incorporate recent amendments to the PACE statutes expanding the types of improvements that may be financed through that program; expressly authorize GSFA to issue Industrial Development Bonds for qualifying projects; specifically reference GSFA's ability to create nonprofit corporations (such as National Homebuyers Fund and Golden State Natural Resources); and other technical amendments. The Board of Directors requests that all Member Counties review and approve these proposed changes — action requested —1) APPROVE THE JPA AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.07 Letter to Special Districts Prior to Adopting a Resolution to Transfer Ad -Valorem Property Tax from the Durham Mosquito Abatement District to the Butte County Mosquito and Vector Control District — On June 7, 2018, the Butte Local Agency Formation Commission (LAFCo) adopted a resolution approving an annexation which detached approximately 15,000 acres of service territory from the Durham Mosquito Abatement District (DMAD) and annexed this same territory to the Butte County Mosquito and Vector Control District (BCMVCD). This action transfered the responsibility for mosquito abatement services in this area to BCMVCD. LAFCo included a condition on this transfer requiring DMAD's ad -valorem property tax revenue collected from the parcels within the territory be reassigned to BCMVCD. Pursuant to Revenue and Taxation Code section 99(b)(5): "In the event that a jurisdictional change would affect the service area responsibility of one or more special districts, the board of supervisors of the county or counties in which the districts are located shall, on behalf of the district or districts, negotiate any exchange of property tax revenues. Prior to entering into negotiation on behalf of a district for the exchange of property tax revenue, the board shall consult with the affected district." As this form of jurisdictional change is not common, LAFCo considered and took action on this detachment/annexation with the support of the Board of Directors of both affected districts prior to considering the role of the Board of Supervisors in consulting each affected district and negotiating any exchange of property tax revenues. Staff recommends the Board approve the attached letters asking for any comments by the affected districts prior to adopting a resolution to transfer ad -valorem property tax from DMAD to BCMVCD. The Auditor -Controller's Office has calculated the appropriate ad -valorem property tax revenue to be transferred from DMAD to BCMVCD as a result of this annexation — action requested - APPROVE LETTERS (2) AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.08 Resolution Recognizing October 6, 2019 through October 12, 2019 as Code Enforcement Officer Appreciation Week - Code Enforcement Officer Appreciation Week honors the Code Enforcement Officers that serve local communities and acknowledges their role in leading the way to improve quality of life. Code Enforcement Officers are dedicated, highly qualified, and highly trained professionals who share the goals of preventing neighborhood deterioration, enhancing communities, ensuring safety, and preserving property values through knowledge, training, and application of housing, zoning, and nuisance laws — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) Page 3 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — OCTOBER 8, 2019 3.09 Contract with NorthStar Engineering for Survey. Base Map and Parcel Creation Services for the Oroville Government Campus - Parcels on the Oroville Government Campus do not align with existing or anticipated buildings. Financing for building projects typically requires parcels to align with buildings, including: the State funding for the County Jail; debt financing for the evidence storage and morgue, as well as other anticipated future projects. To allow for proper facility placement and financing, a boundary survey is needed to establish a base map of the Oroville Government campus that depicts resolved boundaries, defined road rights of way, known easements of record, and existing site conditions. The Department of General Services recommends entering into a contract with NorthStar Engineering for survey, base map and parcel creation services. The term of the contract is from the notice to proceed to June 30, 2020, not -to -exceed $100,080 — action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 3.10 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: BEHAVIORAL HEALTH: Add 1 flexibly staffed Behavioral Health Counselor position and delete 1 vacant term flexibly staffed Behavioral Health Counselor position (term to end June 30, 2021). The conversion of the term position to a permanent position will support the Perinatal Program services within the Department's Substance Use Disorder division. Total allocations to remain unchanged. There is no impact on the General Fund Budget. GENERAL SERVICES: Extend 1 term Office Specialist, Senior, position (term to end November 30, 2019) and 1 term Administrative Analyst, Associate position (term to end November 30, 2019) to January 31, 2020. These positions are needed for the increased workload related to the preparation of the required documentation for reimbursement of costs related to the Camp Fire and are funded with administrative emergency response funds, which will be received once claims are completed. Add 2 Project Manager, Capital Improvement positions and delete 1 vacant Facilities Project Specialist position due to an increase in the number and complexity of facility projects that were not anticipated in the FY 2019-20 Adopted Budget. The positions are funded as part of project budgets, no additional appropriation is needed. Total allocations to increase by one. Action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) Page 4 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 8, 2019 3.11 Budget Adjustment for the Family Literacy Grant -The County Library received a grant of $50,000 for the Family Literacy Program administered through California Library Literacy Services. These funds provide support services to low -literate adults and their families. In collaboration with community partners, the Department will build learning opportunities for families who find reading and writing difficult with targeted family literacy outreach, literacy materials and events, and the training of library staff and volunteer tutors in best serving low -literate adults with children. The Department recommends approval of a budget adjustment for the grant — action requested -APPROVED BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Library) 3.12 Budget Adjustment and Contract with Dudek for Professional Arborist Services for Camp Fire Hazard Tree Evaluation - 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. The Board of Supervisors approved a contract with American Tree Medics, Inc. (ATM Inc.) at the January, 29, 2019 meeting, following a formal solicitation process for tree assessments. ATM Inc. identified 6,649 hazard trees that need to be removed in accordance with Federal Emergency Management Agency (FEMA) guidelines. Some residents in the first area scheduled for tree removal, Butte Creek Canyon, expressed concerns that some of the trees marked for removal should not be removed. The Department established a process for residents to provide input about trees they feel do not meet the criteria of a hazard tree and should not be removed. The Department recommends entering into a contract with Dudek to provide professional arborist services to evaluate the trees identified by the community. Dudek will begin evaluating trees in October 2019, and will continue for 24 months as needed. The term of the contract is October 8, 2019 through October 8, 2021, not -to -exceed $170,000 — action requested — 1) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); AND 2) APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.13 Contract with R3 Consulting Group, Inc. to Provide Technical Assistance for Neal Road Recycling and Waste (NRRWF) Planning and Operations including a Solid Waste Rate Review — California solid waste legislation impacts the collection, diversion, management, recycling and disposal of certain solid waste. Requirements include: a 75% Statewide diversion of solid waste by 2020; mandatory commercial organics recycling programs; and, a 15 -year planning horizon for organics capacity. In 2016, the California State Legislature passed Senate Bill (SB) 1383 (Lara) which requires the diversion of organics waste in landfills. California Department of Resources Recycling and Recovery (CalRecycle) to enforce the diversion of organic containing waste such as vegetative waste, food waste, and other carbon containing waste on the order of 50% by 2020, and 75% by 2025. Additionally, SB 1383 restructures waste, recycling and organics collection and processing, rate planning, public education and outreach, and penalties for noncompliance. The Department of Public Works released a Request for Qualifications on June 6, 2019, seeking qualified firms to provide technical expertise landfill operations and fiscal planning. Four Statement -of -Qualifications were received on June 27, 2019 and subsequently all firms were interviewed including presentations on SB 1383 at the July 31, 2019, Butte County Solid Waste Local Task Force meeting to determine the most qualified firm. The highest qualified firm was determined to be R3 Consulting Group, Inc., of Roseville. The Department recommends a contract with R3 Consulting Group, Inc. for professional services to perform rate calculations, rate planning, and provide technical assistance for landfill planning and operations. The term of the contract is October 8, 2019 through October 8, 2022, not -to -exceed $249,410 — action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) Page 5 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — OCTOBER 8, 2019 3.14 Authorization to Award a Contract to M. Roethler General Engineering for the 2019 Erosion Control Project at the Neal Road Recycling and Waste Facility (NRRWF) - The Department of Public Works continues to work on repair projects at the NRRWF resulting from the Camp Fire and subsequent storm events that occurred during the winter of 2018-19. Per requirements of the California Regional Water Quality Control Board -Redding (Regional Board), the NRRWF is required to remedy damaged areas and implement more robust erosion control measures to prepare for the upcoming wet season. On September 10, 2019, the Department of Public Works released bids for the 2019 Erosion Control Project. The engineers estimate was $319,935 for the proposed work. A mandatory pre-bid meeting was conducted on-site on September 18, 2019, and four contractors participated. One bid was received on September 27, 2019 in the amount of $382,007 from M. Roethler General Engineering of Butte Valley. The bid amount is 19.4% higher than the engineer's estimate. The Department recommends authorization to award the contract to M. Roethler General Engineering for the 2019 Erosion Control Project — action requested — 1) APPROVE THE PLANS AND SPECIFICATIONS; 2) AUTHORIZE THE CHAIR TO SIGN THE PLANS; 3) AWARD THE CONTRACT TO M. ROETHLER GENERAL ENGINEERING; AND 4) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN THE CONTRACT. (Public Works) 3.15 Budget Adjustment to Use Impact Fees for the East Gridley Road at Larkin Road Traffic Signal Project - The East Gridley Road at Larkin Road Signalization Project, also known as Federal Project Number HSIPL-5912(100) and County Project Number 09361-2013-04, was a multi-year project completed in Fall 2018. The total project cost was $2,977,822. Funding from the Federal Highway Safety Improvement Program and Congestion Mitigation Air Quality program paid for $1,687,779 in project costs. The remaining project costs are paid by local funds. The Department of Public Works collects impact fees to assist with funding transportation facilities in the unincorporated area. The East Gridley Road at Larkin Road Signalization Project is listed in the Butte County Public Facilities Fee Nexus Study 2012. The Nexus Study recommends that no more than 29% of total improvement costs be paid with new development fees. The Department recommends $863,568 of the project cost be funded by transportation impact fees, which offsets the local costs paid by the Road Fund — action requested - APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Public Works) 3.16 Resolution Declaring an All -Way Stop Controlled Intersection on Autrey Lane at Via Canela - Palermo School District officials and the Department of Public Works reviewed interactions between pedestrians and vehicle traffic on Autrey Lane at Via Canella over the past year. The intersection currently has stop signs on Via Canela with Autrey Lane traffic uncontrolled at the intersection. Placing an all -way stop, commonly known as a four-way stop, at this intersection provides more control than currently exists, and will improve the safety for the pedestrians that utilize Via Canela to access the school campus. Upon completion of an all -way controlled stop intersection, the two east -west legs of the intersection will be marked with pedestrian crosswalks. The Department recommends the Board adopt a resolution declaring an all -way stop controlled intersection on Autrey Lane at Via Canela and approve the plans — action requested - 1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE PLANS FOR PLACEMENT OF STOP SIGNS AND CROSSWALK MARKINGS. (Public Works) Page 6 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 8, 2019 3.17 Revised Match Commitment Letter for Revised Palermo Drainage Improvements Hazard Mitigation Grant Program (HMGP) Application - Butte County submitted 31 Notices of Interest to the California Governor's Office of Emergency Services (Cal OES) through the HMGP for the Hazard Mitigation Grant DR -4407 (California Wildfires). The Board of Supervisors considered priority projects for the program on June 11, 2019, and staff submitted full applications for seven projects following Board approval of match commitment letters on June 25, 2019. Cal OES evaluated the applications and provided feedback in the form of Requests for Information (RFI). Staff received RFIs for each application and provided refinements in the timeline allotted. One of the comments for the Palermo Drainage Improvements Project (Project) noted the proposed budget may not be adequate to implement needed improvements. After evaluation, staff concurs and recommends the Project budget increase from $1,890,066 to $2,766,000. The Project includes a technical feasibility phase to identify effective solutions followed by an implementation phase. The refined budget allows for increase in implementation budget to address additional infrastructure improvements. This increases the required 25% local match from $472,516 to $691,500 and requires a new match commitment letter. Impact fees collected for subdivision drainage infrastructure are the source for the local match. Staff recommends the Board approve the revised match commitment letter for the Palermo Drainage Improvement Project and authorize the Chair to sign — action requested - APPROVE REVISED MATCH COMMITMENT LETTER. (Public Works) 3.18 Capital Asset Surplus - Night Vision Goggles - In 2001, the Sheriff's Office acquired four AVS 9 Night Vision Goggles (goggles). In 2017, the Butte County Office of Emergency Services had funding available to replace the goggles with current models. The vendor offered a trade up program and the goggles were traded for credit against the price of the replacement goggles. Upon review of the Capital Asset Ledger this year, the Sheriff's Office discovered that the outdated goggles were not removed from the ledger. The Sheriff's Office recommends the goggles be declared surplus to the needs of the County and removed from the Capital Asset Ledger — action requested - DECLARE CAPITAL ASSETS (4) SURPLUS TO THE NEEDS OF THE COUNTY. (Sheriff -Coroner) 3.19 Contract with Precision Wireless Service (Precision) for Law Enforcement Vehicle UDfittin2 - The Sheriff's Office budgets for the replacement or purchase of law enforcement vehicles each year. Before a vehicle can be placed into service, it must be equipped with parts and equipment, such as radios, lights, sirens, and protective barriers for prisoner transports, all of which are necessary to perform law enforcement duties. The Sheriff's Office recommends entering into a contract with Precision for law enforcement vehicle upfitting. The term of the contract is one year from date of execution, not -to -exceed $135,000. Funding for the contract is included in the FY 2019- 20 budget — action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff -Coroner) 3.20 Grant Agreement with North Vallev Communitv Foundation (NVCF) and Budget Adiustment -The Sheriff's Office recommends accepting and appropriating a $50,000 grant from NVCF to fund two additional K-9 Units. The Sheriff's Office will use the funds to purchase two K -9s, equipment necessary for use, care and transportation of the K -9s, and provide K-9 handler training to staff — action requested - 1) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Sheriff -Coroner) Page 7 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 8, 2019 3.21 Contract Amendment with RT Lawrence Corporation for Remittance Processing Solution Support In 2012, the Treasurer -Tax Collector's Office purchased the RT Lawrence Remittance Processing System to interface with the County's Megabyte Property Tax System to electronically post and scan upwards of 200,000 payments annually and generate electronic files to transmit directly to the County's bank. Prior to utilizing the remittance processing system, the Department hand - keyed the payments and manually processed the checks for deposit. In 2013, the Board of Supervisors approved a three-year agreement with RT Lawrence Corporation to provide software support services. In 2016 the agreement was amended to extend the term and increase the maximum amount payable based on a Consumer Price Index calculation. The current contract for software support service expires on October 22, 2019. The Department recommends amending the contract with RT Lawrence Corporation to amend the term to October 22, 2019 through June 30, 2023, and increase the maximum payable amount by $24,605, not -to -exceed $62,648. All other terms remain the same —action requested -APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Treasurer -Tax Collector) 3.22 Adoption of an Ordinance Amending Article XIII.5, Entitled "Children and Families Commission," of Chapter 2, Entitled, "Administration," to Update Membership Requirements and add Alternate Members - In 1998, California Voters approved Proposition 10, which applied a tax on tobacco products to fund improved outcomes for young children. First 5 Butte County Children and Families Commission (Commission) uses these tax dollars to fund local programs and services for young children to enhance their health and early growth experiences. First 5 is part of a Statewide effort to create a seamless system of integrated and comprehensive programs and services by establishing community-based programs to provide parental education and family support services relevant to effective childhood development; encouraging pregnant women and parents of young children to quit smoking; and educating the public on the importance and the benefits of nurturing, health care, family support, and child care. The Commission is comprised of nine voting members and two alternates. All commissioners must be representative of a designated community category. In an effort to expand the number of members of the community on the Commission, the body voted to increase the number of alternates from two to five. Alternates serve with all rights and benefits of voting members, and are utilized to vote when a quorum of voting members cannot be reached. The Board of Supervisors waived the first reading of the ordinance at the September 24, 2019, Board Meeting. The Commission requests that the Board adopt the ordinance and authorize the Chair to sign — action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Other — Butte County Children and Families Commission) 3.23 Resolution Reco2nizin2 October 2019 as Domestic Violence Awareness Month - As domestic violence affects people of all genders, sexual orientations, ages, racial, ethnic, cultural, social, religious, and economic groups in the United States and in California, Catalyst Domestic Violence Services requests the Board of Supervisors adopt a resolution recognizing October 2019 as Domestic Violence Awareness Month — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Other— Catalyst Domestic Violence Services) Page 8 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — OCTOBER 8, 2019 3.24 Resolution Designating the Friends of the Arts as the Local Partner for the California Arts Council's State/Local Partnership Program —At the April 23, 2019, Board of Supervisors Meeting, the Board adopted a resolution designating the Friends of the Arts as the State / Local partner to the California Arts Council for the County for fiscal years (FY) 2019-20 and FY 2020-21. This designation allows the Friends of the Arts to request grant funds each year to assist with various activities the organization helps administer in the County. Since adoption, the State has requested the designation be amended through June 30, 2022. Friends of the Arts requests the Board adopt a resolution extending the designation through June 30, 2022 as requested by the State — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Other — Friends of the Arts) 4. REGULAR AGENDA 4.01 Boards, Commissions, and Committees (List available at htW://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) 4.02 Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer A. Letter to CalEPA Regarding Use of Air Curtain Incinerators in the Camp Fire Burn Area - On September 24, 2019, the Board of Supervisors directed the Chief Administrative Officer to draft a letter to the California Environmental Protection Agency (CalEPA) requesting the suspension of certain statutes and regulations within the Camp Fire Burn Area. The specific statutes and regulations are in the California Health and Safety Code, and are related to the limitations for a city or county to transport and dispose of nonindustrial wood waste from trees, vines, and brush through burning at disposal sites located below a 1,500 foot elevation. Given the lack of a sufficient number of green waste facilities, biomass plants, or other sites for disposing of trees and vegetation within a reasonable distance, the County is working with the Town of Paradise, the Butte County Fire Safe Council, and CAL FIRE to identify solutions to the massive amount of trees and green waste that need to be removed from the burn area, and air curtain incinerators are one of the solutions. The letter specifies a Town -owned property on American Way in Paradise which is 25 feet below the required elevation be granted a waiver. Additionally, a waiver is being requested for two other undetermined sites within the Camp Fire burn area — action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 4.03 General Plan and Zoning Amendment Update by the Director of Development Services 4.04 Community Choice Aggregation (CCA) Draft Joint Powers Authority Agreement Input - On July 23, 2019, the Board of Supervisors directed staff to continue the analysis of implementing a CCA in Butte County, and, specifically, start to work with participating entities on a Joint Powers Authority (JPA) agreement. Staff seek input on the draft JPA agreement that County staff and the City of Chico have developed — action requested - PROVIDE DIRECTION TO STAFF. (County Administration) Page 9 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — OCTOBER 8, 2019 4.05 Request to Dispose of Out -of -County Waste from Glenn County Temporarily at the Neal Road Recycling and Waste Facility (NRRWF) - The Glenn County Public Works Agency (Agency) contacted the Department of Public Works requesting that the NRRWF consider acceptance of municipal solid waste (MSW) generated within the County of Glenn on a temporary basis. The Agency owns and operates the Glenn County Landfill. The Agency is in the process of closing its landfill and will handle MSW by operating the Glenn County Solid Waste Transfer Station. In December 2018, the Agency issued proposals to procure collection, recycling, disposal, and transfer services for the jurisdictions in Glenn County. Three proposals were submitted and after deliberation, local officials moved forward to execute a franchise agreement with USA Waste of California for the disposal, transport, and collection of solid waste generated within Glenn County. The franchise agreement with USA Waste of California is not yet finalized. Agency staff anticipates the Glenn County Landfill will reach maximum capacity on October 12, 2019, and will need to cease landfilling operations. The Agency plans to commence operations of the new Glenn County Solid Waste Transfer Station as quickly as possible. A temporary substitute landfill is necessary for Glenn County's solid waste operations to continue. The County of Glenn seeks the ability to transfer solid waste to the NRRWF for an interim period, commencing on October 14, 2019, through December 31, 2019. Agency staff anticipates that up to 150 tons per day of solid waste would be transferred for disposal. Waste would be delivered in transfer trailers, with a maximum of six per day, which would have a minimal impact on NRRWF operations and wait times — action requested - PROVIDE DIRECTION TO STAFF. (Public Works) 4.06 Items Removed from the Consent Agenda for Board Consideration and Action 5. PUBLIC HEARINGS AND TIMED ITEMS 5.01 9:45 am — California Youth Connection Presentation — Representatives from California Youth Connection will provide a presentation called "No Stigma No Barriers for Transitional Aged Youth" to the Board of Supervisors — action requested — ACCEPT FOR INFORMATION. (Other — California Youth Connection) 5.02 9:50 am - Resolution Adopting a Maximum Load Posting for the Bridge on Mesa Road Crossing Durham Mutual Ditch — The California Department of Transportation (Caltrans) Structure Maintenance and Investigations makes biennial inspections of bridges under County jurisdiction pursuant to Title 23 of the Code of Federal Regulations (Federal Highway Act). Caltrans Area Bridge Maintenance Engineers have determined that the Maximum Load Posting for the bridge on Mesa Road crossing Durham Mutual Ditch, State Bridge No. 12C-0352, shall be revised from 15 tons per vehicle, 24 tons per semi -trailer combination, 29 tons per truck and full trailer to 12 tons per vehicle, 19 tons per semi -trailer combination, 23 tons per truck and full trailer. The capacity of the bridge is controlled by the interior steel girders. Measurements during the most recent bridge inspection showed a thicker asphalt concrete depth over the bridge as compared to previous inspections. This thicker measurement of asphalt concrete added weight to the structure and triggered the need for an updated load rating analysis. This analysis yielded new load rating calculations leading to the newly modified load restrictions. Sections 35750 and 35751 of the California Vehicle Code extends authority to the County and outlines procedure, including holding a public hearing, for permanently posting a bridge with restrictive weight limits — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) Page 10 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 8, 2019 5.03 10:30 am — Camp Fire Update — The Camp Fire burned unincorporated communities in Butte County and the Town of Paradise on November 8, 2018, taking the lives of 85 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 the web page, https://buttecountyrecovers.org/butte-county-weekly-recovery-statistics, on Monday prior to the Board Meeting — action requested — ACCEPT FOR INFORMATION. (County Administration) 5.04 10:45 am - Leadership Academy Presentation - Employee Morale Analysis - Based on input from employees, a commitment to providing opportunities for future leaders in our organization and a desire to strengthen the County's internal training programs, staff developed a Leadership Academy that includes supervisory, management and executive training programs. Over the past year and a half the second Leadership Academy held. The participants were selected as part of a competitive process, and through the Leadership Academy participants attended classes on a wide variety of topics, researched and completed a County -based project, presented the projects to County Department Heads, and are now presenting to the Board of Supervisors — action requested —ACCEPT FOR INFORMATION. (County Administration) 5.05 11:00 am -Applications for a General Plan Amendment and Rezone for Shane David Scott II -The applications include requests for a General Plan Amendment (GPA18-0001) and a Rezone (REZ18-0001) to change the existing land use designation from Rural Residential to Industrial and the existing zoning from RR -5 (Rural Residential 5 -acre minimum) to G-1 (General Industrial). The subject property is comprised of four parcels totaling approximately 8.64 acres located at 11196 Midway at the northeast corner of Midway and Hegan Lane in the unincorporated portion of Chico. The applications include a conditional zoning agreement between the property owners and the County to enforce the mitigation measures recommended by the Initial Study/Mitigated Negative Declaration and the conditions of approval. The project was reviewed by the Planning Commission at a public hearing on August 22, 2019. The Planning Commission, on a 4-0 vote, recommended approval of changing the General Plan land use designation from Rural Residential to Industrial and the Rezone from RR -5 (Light Industrial) to G -C (General Industrial) — action requested - 1) ADOPT THE RESOLUTION ADOPTING THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION; MAKING FINDINGS FOR AND ADOPTING GENERAL PLAN AMENDMENT GPA18- 0001 AND MAKING FINDINGS FOR REZONE REZ16-0002, AND AUTHORIZE THE CHAIR TO SIGN; 2) APPROVE THE CONDITIONAL ZONING AGREEMENT BETWEEN SCOTT REVOCABLE INTER VIVOS TRUST, SHANE DAVID SCOTT 11 AND MICHELLE ANNE SCOTT, TRUSTEES AND THE COUNTY OF BUTTE AND AUTHORIZE THE CHAIR TO SIGN; AND 3) ADOPT THE ORDINANCE AMENDING THE ZONING MAP TO CHANGE THE ZONING OF THE PROJECT PARCELS FROM RURAL RESIDENTIAL 5 - ACRE MINIMUM TO GENERAL INDUSTRIAL AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) Page 11 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 8, 2019 5.06 11:30 am - Update on Industrial Hemp Regulations and Cultivation - On April 23, 2019, the Board of Supervisors directed the Agricultural Commissioner to register Industrial Hemp growers/seed breeders when the State's registration regulations were approved. California Department of Food and Agriculture (CDFA) regulations for Industrial Hemp registration were approved on April 25, 2019. Subsequent Industrial Hemp Cultivation Sampling emergency regulations were approved on June 10, 2019 by the Office of Administrative Law. The sampling regulations provide the regulatory framework for the testing and sampling as well as procedures for crop destruction should an Industrial Hemp crop exceed the 3/10 of 1% THC level. The Agricultural Commissioner's Office has processed and approved 22 Industrial Hemp applications for CDFA. There are also two established agricultural research institution projects in Butte County. Total planted acreage is estimated at 800 acres. The Agricultural Commissioner's Office requests the Board provide direction on local regulations for industrial hemp. The following options may be considered: 1) Consider industrial hemp an agricultural commodity, thus protected under the County Right to Farm Ordinance. Allow growers to farm with no restrictions; 2) Direct the Agricultural Commissioner in coordination with other County departments to draft an ordinance applying land use restriction to industrial hemp cultivation; or 3) Direct the Agricultural Commissioner to draft an ordinance placing a moratorium on industrial hemp cultivation until the Federal regulations are approved and the California program has been accepted and approved by USDA; or 4) Provide direction to staff. Action requested - PROVIDE DIRECTION TO STAFF. (Agriculture) 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 12 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 8, 2019 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AGENDA OCTOBER 8, 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, Sheri Waters, and Jack Hughes AnInIIRNMFNT Adjourn as the In -Home Supportive Services Public Authority Board and reconvene as the Butte County Board of Supervisors. Page 13 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 8, 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 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. Nancy Strong v. Butte County Department of Behavioral Health, DOES 1 — 100, inclusive; Butte County Superior Court Case No.: 18CV00067; and B. 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 Real Prooertv Negotiators Pursuant to Government Code Section 54956.8: Property APNs: 017-200-072; 017-120-013; and 017-320-017 Agency Negotiator: Grant Hunsicker Negotiating Partner: Honey Run Covered Bridge Association Negotiations: Terms and Conditions of Conveyance Page 14 Butte County Department Heads Agricultural Commissioner: Luis Mendoza Assessor*: Diane Brown Auditor -Controller*: Graciela Gutierrez Interim Behavioral Health: Scott Kennelly 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: Sheri Waters Information Systems: Art Robison Library: Melanie Lightbody Public Health: Danette York 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 residents. 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 15