HomeMy WebLinkAboutS122118 BUTTE COUNTY
/ BOARD OF SUPERVISORS MEMBERS OF THE BOARD
STEVE LAMBERT,CHAIR,DISTRICT 4
SPECIALMEETING" BILL CONNELLY,DISTRICT 1
LARRY WAHL DISTRICT 2
AGENDA
MAUREEN KIRK,VICE CHAIR,DISTRICT 3
C A L V r R N I A a DOUG TEETER,DISTRICT 5
DECEMBER 21, 2018
SHARI MCCRACKEN Q
CHIEF ADMINISTRATIVE OFFICER& 9:00 AM BRUCE ALPERT,COUNTY COUNSEL
CLERK OF THE BOARD
MEETING LOCATION
BOARD OF SUPERVISORS CHAMBERS
25 COUNTY CENTER DRIVE,SUITE 205
OROVILLE,CALIFORNIA 95965-3380
NOTICE OF SPECIAL MEETING
Pursuant to Government Code Section 54956, the Butte County Board of Supervisors
hereby calls a Special Meeting as follows:
Friday. December 21,2018,at 9:00 am
Board of Supervisors Chambers
25 County Center Drive,Oroville,California
1. CALL TO ORDER
Pledge of Allegiance
Observation of a Moment of Silence
2. CORRECTIONS AND/OR CHANGES TO THE AGENDA
3. CONSENT AGENDA
3.01 Budget Adjustment for Camp Fire Expenditures - County Administration recommends approval
of a budget adjustment to increase appropriation in the General Services budget by $3 million,
in the Public Works budget by $615,000, and in the Public Health budget by $2 million to allow
those departments to continue making expenditures related to the Camp Fire. The General
Services and Public Works budget adjustments are offset by a $3,615,000 reduction to General
Fund Appropriation for Contingencies.The Public Health adjustment is offset by the use of fund
balance in the Public Health Fund. Most of the expenditures related to the Camp Fire will be
reimbursed through State and federal revenues — action requested - APPROVE BUDGET
ADJUSTMENT(4/5 VOTE REQUIRED). (County Administration)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—DECEMBER 21,2018
3.02 Agreement with Baron & Budd, P.C., Washington & Washington, and Dixon Diab & Chambers,
LLP,for Camp Fire Litigation-County Counsel recommends approval of an agreement with Baron
& Budd, P.C. (lead counsel), Washington & Washington, and Dixon Diab & Chambers, LLP, to
represent the County of Butte in litigation against PG&E and its companies and any other
potential liable third parties for damages caused by the Camp Fire. The agreement is funded
solely from the recovery of monies, if any, as a result of the proposed litigation and would be
paid only if the litigation successfully concludes. There is no charge to the County for attorneys'
fees or costs if the County does not recover anything from the litigation. Baron & Budd, P.C., as
lead counsel, has extensive experience in litigation involving wildfires on behalf of numerous
public entities in California—action requested-APPROVE AGREEMENT AND AUTHORIZE COUNTY
COUNSEL TO EXECUTE THE AGREEMENT AND RELATED DOCUMENTS. (County Counsel)
3.03 Resolution to Amend the Salary Ordinance-The Department of Human Resources has prepared
a resolution to amend the Salary Ordinance for the Department:Amend Section 28 Reference O
of Ordinance No. 4149 of the County of Butte entitled "Classifications With Flat Rate
Assignments" and add the following 2 extra-help classifications: Animal Care Technician and
Disaster Recovery Worker. These classifications are being added to assist during a declared
disaster—action requested—ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human
Resources)
3.04 Contract Amendment with Rush Personnel for Temporary Emergency Animal Control Personnel
Services -The Department of Public Health currently has a contract with Rush Personnel Service
for temporary emergency animal control personnel services. The temporary personnel work in
various shelters includes completing clerical/office assistant duties,janitor/maintenance duties,
and warehouse duties. Due to the Camp Fire and the continued need for sheltering animals,the
extension of the existing contract is needed, and the Department recommends amending the
contract with Rush Personnel Services.The amendment increases the maximum payable amount
by $150,500, not-to-exceed $250,000. All other terms remain the same — action requested -
APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Health)
3.05 Contract Amendment with Dokken Engineering, Inc. for Right of Way Services Related to the
Centerville Road 2017 Storm Damage Repair Project-On January 23, 2018,the County executed
a contract with Dokken Engineering, Inc. (Dokken), of Sacramento, for the development of
contract plans, specifications, and estimate (PS&E) required to construct the Centerville Road
2017 Storm Damage Repair project along Butte Creek at a cost not-to-exceed$284,676.60. Now
that the environmental is nearly complete, the right-of way needs to be secured for the project.
Dokken is on the Department of Public Works' list of approved consultants to provide right-of-
way services. Dokken has provided a proposal to provide these services,which include property
appraisals, right of way negotiations, and right-of-way certification prior to construction. The
proposed cost for these services is$19,441.65.The Department recommends an amendment to
the contract with Dokken to increase the contract by $19,441.65 for a total not-to-exceed
amount of$304,118.25. The original contract completion date of January 23, 2021 will remain
the same—action requested -APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Public Works)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-DECEMBER 21,2018
3.06 Capital Asset Authority and Budget Adjustment for Replacement of Public Works Road
Maintenance Equipment Destroyed by the Camp Fire- During the Camp Fire, much of the Public
Works Road Maintenance equipment inventory in the Paradise Corporation Yard was destroyed.
The destroyed equipment includes two 5-yard dump trucks and a pull broom, sprayer,four sand
spreaders, and seven snow plows. The Department of Public Works needs to replace the
equipment as soon as possible to continue ongoing maintenance efforts.The County's insurance
will cover the replacement costs with the exception of a one-time $10,000 deductible. The
Department recommends approval of capital asset authority for the items listed below for a total
amount of$310,345. Capital Assets: 5 Yard dump truck $140,000; 5 Yard dump truck $140,000;
and Pull broom$30,345—action requested—1)AUTHORIZE CAPITAL ASSET PURCHASES(3);AND
2) APPROVE BUDGET ADJUSTMENT(4/5 VOTE REQUIRED). (Public Works)
3.07 Ratify Contract with NV5-Holdrege and Kull for Emergency Hazard Mitigation Water Quality
Sampling - The Camp Fire destroyed thousands of residential, commercial, and industrial
structures within the Town of Paradise and Butte County. The scale and magnitude of the urban
burn area is unprecedented.The Department of Public Works entered into a contract with NV5-
Holdrege and Kull for water quality sampling. Sampling was performed on streams draining from
the burn area prior to the first rain in order to obtain a baseline condition. Another round of
sampling was performed after the first precipitation event to better understand potential risks
to surface water quality from potential exposure to hazardous material and chemicals by runoff.
The Department recommends the Board of Supervisors ratify the contract. The term of the
contract is through May 31, 2019, not-to-exceed $76,236. The Regional Water Quality Control
Board (RWQCB) has established a sampling plan and is starting to sample at key locations from
the burn area.The Department anticipates the RWQCB sampling plan will cover the water quality
sampling needs and does not anticipate further use of the contract with NV5-Holdrege and Kull,
but the contract will be in place until May 31, 2019 in case sampling is necessary — action
requested —APPROVE CONTRACT AND RATIFY THE DIRECTOR OF PUBLIC WORKS' SIGNATURE.
(Public Works)
3.08 Ratify Contract with NorthStar Engineering for Implementation of Camp Fire Emergency Hazard
Mitigation Measures - The Camp Fire destroyed thousands of residential, commercial, and
industrial structures within the Town of Paradise and Butte County. The scale and magnitude of
the urban burn area is unprecedented. To reduce the potential for migration of hazardous
material and chemicals into surface waters by runoff,emergency storm water best management
practice measures were deployed throughout the urban burn areas of Paradise and Magalia.The
Department of Public Works executed an agreement with NorthStar Engineering to work in
concert with staff from the City of Chico,Town of Paradise, Department of Water Resources and
California Conservation Corps crews,and a Geographic Information Systems(GIS)consulting firm
to deploy 120,000 feet of wattles and silt fence around high hazard areas. The Department
recommends the Board of Supervisors ratify the contract with NorthStar Engineering. The
contract was procured following emergency protocol as this is an unusually dangerous situation
that calls for immediate action to reduce the threat to public health. Actions performed are
consistent with the Public Health Emergency Declaration. The term of the contract is November
19, 2018 through June 15, 2019, not-to-exceed $215,000. This contract is expected to be
reimbursed by FEMA and CalOES — action requested — APPROVE CONTRACT AND RATIFY THE
DIRECTOR OF PUBLIC WORKS' SIGNATURE. (Public Works)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-DECEMBER 21,2018
3.09 Ratify Contract with Knife River Construction for Emergency Storm Damage Maintenance — On
November 29, 2018, an intense precipitation event delivered 3.4 inches in approximately three
hours in the area east and south of Chico that caused localized flooding of roadways and homes.
Significant flooding and mobilization of sediment and boulders occurred in Butte Creek Canyon
that filled cross culverts, tributary drainages, and roadside ditches along Honey Run and
Centerville Roads. Removal of this material is important to reduce localized flooding,
undermining and scour of the roadway, and excess sediment into Butte Creek. The capacity of
the Department of Public Works' road maintenance crews are limited, and they are also working
on other critical items associated with the fire response. Knife River Construction was procured
on an emergency basis to remove sediment and reestablish the roadside ditches. The
Department crews are continuing to remove sediment from culverts and adjacent drainages.This
flooding event fell outside of the FEMA disaster time frame, but is reimbursable under the
California Disaster Assistance Act under CalOES. The Department executed a contract with Knife
River Construction with a term of December 18, 2019 through January 25, 2019, not-to-exceed
$250,000. The Department recommends the Board of Supervisors ratify the contract with Knife
River Construction — action requested — APPROVE CONTRACT AND RATIFY THE DIRECTOR OF
PUBLIC WORKS' SIGNATURE. (Public Works)
3.10 Ratify Contract with Deer Creek Resources for Implementation of Camp Fire Emergency Hazard
Mitigation Measures - The Camp Fire destroyed thousands of residential, commercial, and
industrial structures within the Town of Paradise and Butte County.The scale and magnitude of
the urban burn area is unprecedented. To reduce the potential for migration of hazardous
material and chemicals into surface waters by runoff,emergency storm water best management
practice measures were deployed throughout the urban burn areas of Paradise and Magalia.
Firestorm Wildland Fire Suppression,doing business as Deer Creek Resources, provided technical
geospatial support in planning and documentation of placement. Deer Creek Resources works
frequently in fire responses, is familiar with local geography, and was able to respond within
hours. Deer Creek Resources supported the operation and coordinated with staff from the City
of Chico,Town of Paradise, Department of Water Resources,California Conservation Corps(CCC)
crews, and NorthStar to help identify high hazard areas and track installation. Deer Creek
Resources also supplied operational staff to assist in management of 10 CCC crews. The
Department of Public Works executed a contract with Deer Creek Resources according to
emergency protocol as this is an unusually dangerous situation that calls for immediate action to
reduce the threat to public health. Actions performed are consistent with the Public Health
Emergency Declaration. The Department Recommends the Board of Supervisors ratify the
contract with Deer Creek Resources. The term of the contract is November 19, 2018 through
March 31, 2019, not-to-exceed$150,000—action requested—APPROVE CONTRACT AND RATIFY
THE DIRECTOR OF PUBLIC WORKS' SIGNATURE. (Public Works)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-DECEMBER 21,2018
3.11 Agreement with California Conservation Corps for Emergency Hazard Mitigation Measures-The
unprecedented magnitude of destroyed urban area in the Camp Fire triggered the
implementation of Emergency Hazard Mitigation measures in the form of storm water best
management practices to reduce the potential for hazardous material to be transported by storm
water runoff. To facilitate this effort, CalOES provided material and tasked the Department of
Water Resources and multiple California Conservation Corps (CCC) crews to physically install
these materials. Consulting firms were procured to plan, document, and direct these crews. At
the direction of CalRecycle, CalOES began ramping down implementation the first week in
December from 11 crews to one crew to monitor and preserve installed material. These
measures function by entrapping sediment and potential pollutants, and require preservation to
avoid overrunning and failure. It is understood that during Debris Removal Phase II, these
elements will be removed and disposed of. Solicitation for CCC crews is exempt in the County's
procurement policy. This agreement provides up to three CCC crews to physically clean and
preserve previously installed items on a weekly basis, if needed. This labor force will be directed
and maintained by an independent storm water consultant who directed the original
implementation.The term of this agreement is December 24, 2018 through June 30, 2019, not-
to-exceed$205,800—action requested-APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR
OF PUBLIC WORKS TO SIGN. (Public Works)
4. REGULAR AGENDA
4.01 Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer
A. Update on Disaster Recovery Efforts as a Result of the Camp Fire
4.02 Disaster Recovery Urgency Ordinance for Temporary Housing within Areas Affected by the Camp
Fire - An urgency ordinance is proposed pursuant to California Government Code sections
25123(d) and 25131 and shall take effect immediately upon its approval by at least a four-fifths
vote of the Board of Supervisors. The Disaster Recovery Urgency Ordinance for Temporary
Housing within Areas Affected by the Camp Fire sets forth the circumstances under which
persons displaced by the Camp Fire may move back onto property with temporary housing that
was damaged or destroyed by the Camp Fire. This ordinance temporarily relaxes some building
and zoning regulations to allow for additional temporary housing inside the area affected by the
Camp Fire. It is essential that the changes made by this ordinance be implemented immediately
to allow the fastest possible transition of homeless and displaced residents to interim and long-
term shelter. The Camp Fire has created hazardous waste conditions in Butte County, which
poses a substantial present or potential hazard to human health and the environment until the
property is certified clean. This urgency ordinance will allow persons displaced by the Camp Fire
to move back onto property where housing was damaged or destroyed by the Camp Fire prior
to clean-up. Persons moving back into the Camp Fire area do so at their own risk and should be
aware of the health hazards. The ordinance finds that the safest approach is to wait until a
property is cleared of fire debris and hazardous materials before moving back into the Camp Fire
affected area—action requested — 1) WAIVE THE READING OF THE ORDINANCE; AND 2) ADOPT
DISASTER RECOVERY URGENCY ORDINANCE FOR TEMPORARY HOUSING WITHIN AREAS
AFFECTED BY THE CAMP FIRE, AND AUTHORIZE THE CHAIR TO SIGN (4/5 VOTE REQURIED).
(Development Services)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-DECEMBER 21,2018
4.03 Accepting Fire Debris and Ash from the Camp Fire at the Neal Road Recycling and Waste Facility
NRRWF -The Camp Fire was the most destructive wildfire in California's history, burning nearly
154,000 acres and destroying nearly 19,000 structures. The wildfire caused significant damage
to communities in Butte County, resulting in millions of tons of fire-related debris. The United
States Environmental Protection Agency and the California Department of Toxic Substances
Control are executing Phase I of debris removal for household hazardous waste. Phase II of the
program includes removal of the remaining fire debris and ash left by structures. Property
owners can have the fire debris and ash removed by participating in the State-run program
offered by CalOES and executed by CalRecycle, or by participating in the alternative program
outlined by Butte County and the Town of Paradise.The NRRWF is an option for property owners
participating in the alternative program. Total disposal volumes for the alternative program are
unknown at this time.The NRRWF is developing a plan to accept up to 1,000,000 cubic yards of
fire debris and ash from properties cleared according to the alternative program, and may be
able to accept debris from the State-run program as well. Fire debris will be accepted according
to the current Master Fee Schedule for the NRRWF. Capital improvements will be necessary at
the NRRWF to accommodate the additional materials.The Department of Public Works will bring
an item to the Board of Supervisors at a future meeting to consider capital improvements —
action requested -ACCEPT FOR INFORMATION. (Public Works)
5. 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.
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Butte County Information and Procedures Concerning the Agenda and
Department Heads Board of Supervisors Meetings
Agricultural
Commissioner:
Luis Mendoza Meeting Information:
Assessor*: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m.and are
Diane Brown held in the Board of Supervisors Chambers,County Administration Building,25 County Center Drive,Oroville. At
Auditor-Controller*: the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed
Dave Houser as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted
meeting calendar for the year are available in the County Administrative Office or on the Clerk of the Board
Behavioral Health: website page.
Dorian Kittrell
Chief Administrative Agenda Information:
Officer: The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72
Shari McCracken hours before each meeting,and is available by mail subscription,e-mail subscription,or at the Clerk of the Board
Interim Chief Probation website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to
Officer: explain each agenda item (excluding documents that are not a public record within the meaning of the Public
Wayne Barley Records Act)are available for your review at the County Administrative Office,the Chico,Oroville,and Paradise
Child Support Services: libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies of
Sean Farrell supporting materials can be made for you at a charge to cover costs. The list of communications included with
the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have
Clerk-Recorder/ been received but not included in the agenda supporting material. Copies of all communications received by the
Registrar of Voters*: Board of Supervisors(excluding documents that are not a public record within the meaning of the Public Records
Candace Grubbs Act)are available at the County Administrative Office upon request.
County Counsel:
Bruce Alpert Agenda Format and Meeting Order:
Development Services: The agenda is usually organized into the following areas and meetings generally proceed in the following order:
Tim Snellings 1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the
Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in
District Attorney*: the back of the board room)and give it to the Clerk of the Board (sitting to the right of the Board)or,when the
Mike Ramsey Chair asks if there is anything anyone would like to remove from the Consent Agenda,stand and approach the
Employment&Social podium and request the item be removed. The removed items are discussed at the end of the Regular Agenda.
Services: 2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items
Shelby Boston removed from the Consent Agenda are discussed under this section.
Fire Chief: 3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are
Darren Read set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time
listed,but will never start before the time listed.
General Services:
Grant Hunsicker 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,
Human Resources: but may respond to statements or questions and provide staff direction.
Pamela Knorr 5. Closed Session: the Board is authorized,by law,to meet in a closed session in certain circumstances. This area
Information Systems: of the agenda identifies those items that will be discussed during the closed session.
Art Robison Public Participation:
Library:
Melanie Lightbody It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow
members of the public the opportunity to comment on all matters before the Board. Public participation is limited
Public Health: to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3.
Cathy Raevsky The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing
Public Works: of these policies and procedures can be found in the printed booklet agenda, obtained at the County
Dennis Schmidt Administrative Office,or viewed at the Clerk of the Board website.
Sheriff-Coroner*: The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with
Kory Honea special needs should call the Clerk of the Board at 530.552.3300,Monday through Friday,8:00 a.m.to 5:00 p.m.
Treasurer-Tax Collector*: to request disability-related modifications/accommodations, or to request materials in alternate formats. All
Peggy Moak requests for special accommodations and/or alternative format documents must be made 48 hours prior to the
LIC Cooperative meeting.
Extension Advisor:
Emily Symmes For further information contact the:
Clerk of the Board of Supervisors
Water&Resource County Administration Office
Conservation: 25 County Center Drive,Suite 200,Oroville,CA 95965
Paul Gosselin 530-552-3300
*Elected Official
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