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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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.
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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.
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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