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HomeMy WebLinkAboutA102219SHARI MCCRACKEN CHIEF ADMINISTRATIVE OFFICER & CLERK OF THE BOARD 1. CALL TO ORDER BUTTE COUNTY BOARD OF SUPERVISORS REGULAR MEETING AGENDA OCTOBER 22, 2019 9:00 Ann MEETING LOCATION BOARD OF SUPERVISORS CHAMBERS 25 COUNTY CENTER DRIVE, SUITE 205 OROVILLE, CALIFORNIA 95965-3380 Pledge of Allegiance Observation of a Moment of Silence 2. CORRECTIONS AND/OR CHANGES TO THE AGENDA 3. CONSENT AGENDA MEMBERS OF THE BOARD STEVE LAMBERT, CHAIR, DISTRICT 4 BILL CONNELLY, DISTRICT 1 DEBRA LUCERO, DISTRICT 2 TAW RITTER, DISTRICT 3 DOUG TEETER, VICE CHAIR, DISTRICT 5 BRUCE ALPERT, COUNTY COUNSEL 3.01 Contract Amendment with Maxim Healthcare Services, Inc. (Maxim) for Clinical Services - Maxim is a recruiting agency that provides medical and mental health practitioners including nurses and therapists for placement at hospitals and clinics on a short-term basis. Due to the shortage and frequent turnover of these clinical positions, the Department of Behavioral Health utilizes recruiting agencies on an as needed basis. This contract allows placement of short-term nurses within the programs. The Department issued a Request for Proposal for these services in 2017, in which seven agencies responded, and Maxim was one of the agencies selected. The Department has been consistently contracting with Maxim since 2017, which assists in meeting the demands for mandatory psychiatry services. Costs are estimated at the beginning of the contract, and are customarily adjusted based on service need. The Department recommends amending the contract with Maxim to cover additional expenses for Fiscal Year (FY) 2019-20. The amendment increases the maximum payable amount by $185,250, not -to -exceed $210,000. All other terms remain the same — action requested — APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) 3.02 Resolution and Agreement with Department of Health Care Services (DHCS) for Performance Requirements Under Mental Health Services Act (MHSA) - DHCS administers the MHSA and oversees county mental health services. DHCS requires the Department of Behavioral Health to enter into an agreement, which describes the terms and conditions the Department is required to follow in order to remain in compliance with the regulations of providing specialty mental health services and to remain eligible forthis funding. DHCS also requires a resolution authorizing the Chair to sign the agreement. The Department received the draft agreement from DHCS on September 17, 2019. The Department recommends entering into an agreement with DHCS for performance requirements. The term of the agreement is July 1, 2018 through June 30, 2021 — action requested — 1) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) Page 1 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — OCTOBER 22, 2019 3.03 Agreement Amendment with Northern Valley Catholic Social Service (NVCSS) for Crisis Counseling Assistance and Training Program (CCP) - On November 12, 2018, the State of California received a Presidential Disaster Declaration due to the wildfires that occurred in California. This declaration allowed the State of California Department of Healthcare Services to enter into a grant agreement previously approved by the Board of Supervisors for CCP assistance. The agreement with NVCSS to administer the program was initially approved by the Board on January 29, 2019. The initial grant period from November 12, 2018 through May 11, 2019, was considered the Immediate Service Program (ISP). The first agreement amendment extended the term for the Regular Service Program (RSP) for an additional 9 months, through February 29, 2020. The second agreement amendment augmented the funding for the ISP and adds new funding for the RSP. The Department recommends amending the agreement with NVCSS. The amendment increases the maximum payable amount by $2,190,268, not -to -exceed $2,525,521. All other terms remain the same — action requested —APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) 3.04 Contract Amendment with Cell Staff, LLC (Cell Staff) for Locum Nursing Services - Cell Staff is a recruiting agency that provides medical and mental health practitioners including nurses and therapists for placement at hospitals and clinics on a short-term basis. Due to the shortage and frequent turnover of these clinical positions, the Department of Behavioral Health uses recruiting agencies on an as needed basis. This contract allows placement of short-term therapists within the County's inpatient psychiatric health facility. The Department recommends amending the contract with Cell Staff for nurses and therapists. The amendment increases the maximum payable amount by $180,000, not -to -exceed $566,000. All other terms remain the same — action requested — APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) 3.05 Resolution Approving Participation in the Pension State Stabilization Trust for California Municipalities - On January 29, 2019, the Board of Supervisors, at the recommendation of the Finance Work Team (Work Team), comprised of the County Chief Administrative Officer, Assistant Chief Administrative Officer, seven department heads, and Deputy Administrative Officer/Budget Director, approved the Butte County Pension Strategy (Strategy), which includes the County's participation in Internal Revenue Code section 115 irrevocable pension trusts for the miscellaneous and safety employee pension plans to pre -fund pension obligations and help to stabilize future contribution rates. Based upon presentations by representatives of Keenan Financial Services (Keenan), Public Agency Retirement Systems and CalPERS pension trust programs, and a thorough analysis of each program, the Work Team recommends the Board approve the County's participation in the Pension Stabilization Trust for California Municipalities (the Trust) for which Keenan is the Program Coordinator. To save costs, the County elected to prepay the Unfunded Accrued Liability (UAL) owed to CalPERS for employee pensions in Fiscal Years 2017-18 and 2018-19. The sum of $2,161,169, comprised of savings from the UAL prepayments and payroll collections in excess of the reimbursements to the County funds advancing the prepayments, is available for the initial contributions to the pension trusts. The Work Team and Keenan recommend the conservative investment portfolio offered by the Trust due to the relatively short investment window described in the Strategy. The Trust provides the option to appoint a County staff member to a Board of Authority (BOA). Upon review of the advantages and disadvantages of the appointment, the Work Team recommends a staff member not be appointed to the BOA — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) Page 2 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 22, 2019 3.06 Resolution to Transfer Ad -Valorem Property Tax from the Durham Mosquito Abatement District (DMAD) to the Butte County Mosquito and Vector Control District (BCMVCD) - 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 DMAD and annexed this same territory to the BCMVCD. This action transferred 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. Letters were sent to each affected district asking for any comments prior to adopting a resolution to transfer ad -valorem property tax from DMAD to BCMVCD, and to date no comments have been received. 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. Staff recommends the Board of Supervisors adopt a resolution transferring ad -valorem property tax revenue from DMAD to BCMVCD — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.07 Agreement with California SAWS Consortium IV Joint Powers Authority (Consortium) for the Extension of Ongoing Production Operations for Customer Service Center - The Department of Employment and Social Services recommends entering into an agreement with the Consortium for the extension of ongoing operational support for the Department's customer service center. The purpose of the Consortium is to design, develop, operate, and maintain a software system to support the business requirements for the administration of certain public assistance programs for member counties, known as C -IV Project. The costs include wide area network administration, central support for customer service center workers, and remote maintenance fee. The term of the agreement is November 1, 2019 through October 31, 2020, not -to -exceed $189,723 — action requested — APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) 3.08 Lease Agreement with BTD Properties LLC for 592 Rio Lindo Avenue for the Department of Behavioral Health - The Department of Behavioral Health provides public services from a leased facility located at 592 Rio Lindo Avenue in Chico. The lease payment for the 13,192 square foot facility has been $1.0506 per square foot for a total monthly payment of $13,860 through the lease term date of September 30, 2019. Occupancy is in hold over status and the Department desires to remain in the location. In the new lease, with the exception of the rent payment for the month of November 2019, the rent will be approximately $1.2174 per square foot or $16,060 per month for a monthly increase of approximately $2,200. The November payment includes the monthly increase of $2,200 plus the $2,200 increase for October bringing the November payment to $18,260. The new rent payment will also include landscape maintenance and sprinkler repair inside the security fencing which was not previously included. The term of the new lease is November 1, 2019 through October 31, 2024, with the option to extend the term for an additional 24 -month period. The rent payment for the extended term, if utilized, will increase 2% per year beginning November 1, 2024 — action requested — APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (General Services) Page 3 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 22, 2019 3.09 Contract with Russell, Gallaway Associates, Inc. for Architectural and Engineering Services fort he Evidence Storage Building and Morgue Facility Project - The County is shifting from the Design - Build project delivery method for the Evidence Storage Building and Morgue Facility to the Design - Bid - Build project delivery method and now requires completion of final design and construction documents for the facility. Following solicitation for services, the Department of General Services received submittals from three organizations and the selection panel found Russell, Gallaway Associates, Inc., of Chico, to best meet the needs of the County. The Department of General Services recommends entering into a contract with Russell, Gallaway Associates, Inc. to provide architectural and engineering services. The term of contract is from notice to proceed through November 12, 2021, not to exceed $913,950 and is included in the capital project budget — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (General Services/ Sheriff's Office) 3.10 Resolution Establishing Updated Rules for the Administration of the Merit System and Personnel Program that Includes Compliance with Internal Revenue Services (IRS) 1075 Requirements -The Butte County Merit System and Personnel Rules (Personnel Rules) establishes the Merit System and Human Resources Program that regulates the appointment, advancement, and removal of persons in the employ of the County. IRS publication 1075 requires changes to the County's background check process for employees with direct access to Federal Tax Information (FTI). The Department recommends the Personnel Rules be updated to include Appendix IX -IRS Publication 1075 Compliance Policy. This policy establishes that all current and future County employees with direct access to FTI must undergo and pass a background investigation prior to being permitted direct access to FTI, and are subject to reinvestigation every ten years thereafter in accordance with IRS Publication 1075 requirements. The proposed policy has been reviewed and approved by the impacted Departments (Child Support and Employment and Social Services) and by all labor groups — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.11 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 Department of Public Works as follows: Add 1 flexibly staffed Engineering Technician position up to Engineer Assistant; add 1 flexibly staffed Information System Technician position; and add 1 flexibly staffed Road Maintenance Worker position. Delete 1 vacant flexibly staffed Engineering Technician position and delete 1 vacant Information System Technician position. These changes will better support the operational needs of the Department. The Road Fund budget for FY 2019- 20 includes adequate appropriation for the addition of the positions. The addition of the positions will increase expenses in the Road Fund in future years by approximately $70,000. There is no impact to the County General Fund — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) Page 4 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 22, 2019 3.12 Budget Adjustment for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program and Resolution to Amend the Salary Ordinance - On April 9, 2019, the Board signed Resolution No. 19-048 authorizing the Chief Probation Officer to apply for and sign documents related to the award of the JAG Program. In September 2019, the Probation Department received an award notification for JAG funding from the Board of State and Community Corrections. Funding will be provided to the Department in the amount of $715,000 annually for three years, totaling $2,145,000. The term of the grant agreement is October 1, 2019 through September 30, 2022. JAG revenue will be used to develop a Community Alliance Program (CAP) to provide reentry services and cognitive behavioral therapy to help prevent probationers from substance use and gang involvement. The grant funds two Deputy Probation Officers, two Probation Technicians, and one Administrative Assistant through September 30, 2022, to identify both male and female offenders, 18 years or older, pre and post release from County Jail to re-enter local communities. The CAP will annually serve an estimated 120 pre-release individuals and 150 individuals post - release from County Jail who are under the Department's supervision. The Department recommends the Board of Supervisors approve the budget adjustment, and adopt a resolution amending the Salary Ordinance — action requested — 1) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Probation) 3.13 Grant Agreement Amendment with Essential Access Health for Title X Family Planning Program and Related Budget Adjustment - The Department of Public Health currently has a grant agreement with Essential Access Health to provide comprehensive family planning services in Public Health clinics. Essential Access Health has awarded additional funding in the amount of $100,000 for an increased caseload and enhancement of sexually transmitted disease prevention in Butte County. The Department recommends amending the grant agreement with Essential Access Health for the Title X Family Planning Program, and approving a budget adjustment to appropriate the additional funds. The amendment increases the maximum amount receivable by $100,000, not -to -exceed $228,571 — action requested — 1) APPROVE GRANT AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Public Health) 3.14 Budget Adjustment and Contract Amendment with Nichols Consulting Engineers CHTD (NCE) for Professional Services to Evaluate and Inventory Roadway Impacts by the Camp Fire Debris Removal - On November 16, 2018, the County executed a contract with NCE for impact analysis to the roadway system due to the Camp Fire debris removal efforts. Due to the rapid degradation of the road system, it is necessary to remobilize and add an additional evaluation of the current roadway status to document the level of damage prior to the end of debris removal work. The amount of heavy traffic associated with the recovery effort has been substantial and exceeded normal heavy truck traffic volume. Extreme loading on the County's roadways has damaged and significantly reduced lifespan expectancy of the roadway structure. By properly quantifying the current roadway condition, a complete impact analysis can be completed to incorporate the condition at the time of the Camp Fire to the current conditions to justify Federal Emergency Management Agency reimbursement. Once debris hauling and hazard tree removal efforts are complete, a final survey will be performed. The Department recommends amending the contract with NCE to add one additional field review of 170 miles of roadway, and increase the maximum payable amount by $48,000, not -to -exceed $268,000. The term of the contract is November 21, 2018 through November 21, 2023 — action requested — 1) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); AND 2) APPROVE THE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) Page 5 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 22, 2019 3.15 Contract Amendment with 1-5 Rentals for Equipment Rental - On May 21, 2019, the Board of Supervisors approved a Blanket Purchase Agreement (BPA) with 1-5 Rentals for the purposes of obtaining additional equipment necessary to supplement County -owned equipment in response to the Camp Fire. The original contract term was for a total of three years, not -to -exceed $250,000. This agreement can be utilized by both the Road Division and Neal Road Recycling and Waste Facility (NRRWF). The NRRWF had significant operational needs for equipment because of the disposal of fire debris from the Camp Fire, and the original contract amount is not sufficient to meet those needs. The Department of Public Works recommends amending the BPA with 1-5 Rentals to increase the maximum payable amount by $900,000, not -to -exceed $1,150,000. All other terms remain the same — action requested — APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.16 Resolutions Authorizing the Execution of Program Supplement Agreements with the State Department of Transportation (Caltrans) for Road Repair Projects - On May 9, 2017, the Board of Supervisors approved the Master Agreement, Administering Agency -State Agreement for Federal -Aid Projects, No. 03-5912F15 with Caltrans for County projects receiving federal aid from the Federal Highways Administration (FHWA).The Master Agreement is necessary to incorporate and conform to changes in State and federal statutes, regulations, and policies, including Caltrans Local Assistance procedures and requirements relating to the federal aid funded programs. Per Caltrans and FHWA policies, individual resolutions authorizing the Director of Public Works to sign Program Supplement Agreements are required for each project. The Department of Public Works recently received three Emergency Relief (ER) Program Supplement Agreements in response to the 2017 Spillway Event and subsequent flooding: 1) Canyon Drive Road Repair Project, dig out asphalt failure and chip seal, Federal ER Project Number ER-36PO(011), $155,066; 2) East Gridley Road Repair Project, rebuild eroded shoulders, Federal ER Project Number ER-36PO(005), $151,728; and 3) La Porte Road Repair Project, dig out asphalt failures and overlay, Federal Project Number ER-36PO(008), $367,500. The Department recommends the Board authorize the Director of Public Works to execute the Program Supplement Agreements and all future Program Supplement Agreements for the Canyon Drive Road, East Gridley Road, and La Porte Road projects — action requested —ADOPT RESOLUTIONS (3) AND AUTHORIZE CHAIR TO SIGN. (Public Works) 3.17 Authorization to Award Leachate Impoundment Dewatering Project to NRC Environmental Services, Inc. — Subsurface drainage from all of the solid waste cells at the Neal Road Recycling and Waste Facility (NRRWF) drain into a three acre lined pond at the southwest corner of the facility. This pond is required to maintain sufficient capacity to accommodate all reasonable storm events and projected drainage flows. Over 37 inches of precipitation was recorded at the NRRWF rain gauge during FY 2018-19, resulting in a high leachate generation rate flowing into the NRRWF liquid waste impoundment. To maintain compliance with the California Regional Water Quality Control Board requirements, the NRRWF must remove approximately 1.5 million gallons of leachate per month for the upcoming wet season. On September 27, 2019, the Department of Public Works released a solicitation to retain a qualified contractor to haul leachate from the NRRWF. Leachate disposal will occur at publicly owned treatment facilities in Butte, Placer, or Yolo Counties in the amount of up to 110,000 gallons per day. Two bids were received on October 7, 2019. One bid was not complete and was rejected. The lowest responsive bidder was NRC Environmental, Inc. The contract cost ranges from $0.085 to $0.42 per gallon, depending upon which site is used for disposal. The Department recommends authorization to award a contract with NRC Environmental Services, Inc., of Chico, for leachate disposal. The term of the contract is October 22, 2019 through October 22, 2022, not -to -exceed $2,100,000 — action requested — APPROVE CONTRACT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN. (Public Works) Page 6 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 22, 2019 3.18 Resolution and Budget Adjustment Authorizing Loan from the Revolving Loan Fund to the County Service Area (CSA) 82 - Stirling City Sewer District - CSA 82 Stirling City Sewer District is located in the unincorporated area of Stirling City and provides for the collection and treatment of wastewater. This collection and treatment of wastewater is regulated by the Central Valley Regional Water Quality Control Board (Water Board), and Butte County is listed as the discharger for this permit. On June 26, 2018, the Water Board issued a new discharge permit that increased the level of requirements, and now requires enhanced sampling, monitoring, and reporting. On June 21, 2019, the Water Board issued a Notice of Violation as the County has not met the enhanced requirements of the new permit. The enhanced sampling, monitoring, and reporting will be performed by a contractor at an anticipated cost of $12,000 per year. CSA 82 does not currently have sufficient funds to meet the enhanced requirements. CSA 82 received a loan in 2017 to repair flood damages and current annual revenues are insufficient to meet both the enhanced requirements of the wastewater permit and the existing loan payments. The Department of Public Works recommends the Board of Supervisors adopt a resolution authorizing an additional loan of $36,000 from the CSA Revolving Loan Fund to pay three years of the required sampling, monitoring, and reporting. Since the current balance of the revolving loan fund is insufficient to fund this loan, the Department also recommends a loan of $36,000 from the General Fund to the CSA Revolving Loan Fund in order to complete the loan — action requested — 1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Public Works) 3.19 Budget Adjustment and Capital Asset Purchase - Radio Consoles - During the Camp Fire, Paradise Police Department (PD) was unable to use its Dispatch Center. It was determined that PD dispatch staff would work in the Sheriff's Office (SO) Dispatch Center despite the fact that it was fully staffed with six dispatchers operating the existing six dispatch stations in response to the emergency. In order to accommodate PD dispatch staff, two additional dispatch stations were needed in the SO Dispatch Center which required furniture, computers and monitors, as well as telephone equipment to receive 911 phone calls from the public and radio consoles that dispatchers use to communicate with officers working in the community. Through the State 911 coordinator, the SO was able to obtain computers, monitors, telephone equipment, and furnishings needed at no cost to the County. Unfortunately, the State 911 Coordinator was not able to provide the radio consoles necessary for dispatchers to communicate with officers during the emergency. County communications staff was able to obtain the radio consoles during the emergency and did so at a reduced cost of $133,836. The Sheriff's Office recommends ratifying the emergency acquisition of the radio consoles funded by Rural County Assistance Funds — action requested — 1) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); AND 2) APPROVE CAPITAL ASSET PURCHASES (2). (Sheriff -Coroner) Page 7 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — OCTOBER 22, 2019 3.20 Memorandum of Understanding (MOU) with the City of Chico for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program Distribution and Budget Adjustment - The City of Chico and the Butte County Sheriff jointly applied for funds under the JAG Program. The City of Chico is the designated grant administrator, who receives the funds and then enters into a MOU to disburse the funds. The Sheriff's Office recommends entering into an MOU with the City of Chico for distribution of JAG funds. The term of the grant is October 1, 2018 through September 30, 2022, with total revenue of $35,650. Chico Police Department will receive $23,962 to purchase passive alcohol sensor units, training equipment, and chairs. The Sheriff's Office will receive $11,688 to fund data infrastructure installation at one of the Sheriff's Office satellite locations — action requested —1) APPROVE MOU AND AUTHORIZE CHAIR TO SIGN; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Sheriff -Coroner) 4. REGULAR AGENDA 4.01 Boards, Commissions, and Committees (List available at _http://www.buttecounty.net/clerl<oftheboa _ ppointmentsList.aspx) A. Appointments to Listed Vacancies 1. Appointment to the Butte County Behavioral Health Board (BHB) - The BHB was established pursuant to Welfare and Institutions Code section 5604 to: review and evaluate the community's mental health needs, services, facilities and special problems; review County agreements entered into pursuant to the Mental Health Services Act; advise the BHB and the local Mental Health Director regarding the local mental health program; review and approve the procedures used to ensure resident and professional involvement of the planning process; submit an annual report on the needs and performances of the County's mental health system; review and make recommendations on applications for appointment of a local director of mental health services; review and comment on the County's performance outcome data and communicate its findings to the Behavioral Health Planning Council; and assess the impact of realignment from the State to the County on services delivered to clients and the local community. The BHB consists of 13 to 15 members, with 50% of the membership being direct consumers or family members of consumers who are receiving mental health services, with three being direct consumers and three being family members of consumers receiving mental health services; one member of the Board of Supervisors; one law enforcement representative; one youth representative; and community members (up to six). The BHAB Board recommends the Board of Supervisors appoint Cece Matthews to the BHAB Board as a Community Member, with a term ending December 31, 2021 — action requested — APPOINT CECE MATTHEWS TO THE BUTTE COUNTY BEHAVIORAL HEALTH ADVISORY BOARD AS A COMMUNITY MEMBER, WITH A TERM ENDING DECEMBER 31, 2021. (Behavioral Health) Page 8 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — OCTOBER 22, 2019 2. Appointment to the Butte County Children and Families Commission (First 5) - 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. First 5 is a nine -member commission comprised of the following: one member of the Board of Supervisors, the Director of the Department of Public Health, the Director of the Department of Employment and Social Services, and six members appointed by the Board of Supervisors chosen from the following groups: recipients of project services as set forth in the County strategic plan; educators specializing in early childhood development; representatives of a local group for prevention or intervention for families at risk; representatives of community-based organizations that have a goal of promoting nurturing and early childhood development; representatives of local school districts; representatives of local medical, pediatric, or obstetric associations or societies; County Health Officer; representatives of a local child care resource or referral agency; a local child care coordinating group; or an elected official of local government. The First 5 recommends the Board of Supervisors appoint Holly Kralj as an alternate Commissioner, with a term ending June 30, 2021. Holly Kralj is a Certified Nurse Midwife and a Women's Health Nurse Practitioner with Enloe Medical Center, and an Associate Professor of Nursing with CSU, Chico. She has a Doctorate in Nursing Practice from the University of Hawaii — action requested — APPOINT HOLLY KRAU TO THE BUTTE COUNTY CHILDREN AND FAMILIES COMMISSION AS AN ALTERNATE COMMISSIONER, WITH A TERM ENDING JUNE 30, 2021. (Other - First 5 Children and Families Commission) 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 4.03 Employment Contract for Director - Development Services - County Administration recommends entering into an employment contract with Paula Daneluk, as the Director - Development Services. The term of the contract is November 1, 2019 through October 31, 2022. The contract includes a proposed annual salary of $165,000 and also includes a front loaded vacation accrual balance of 80 hours — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 4.04 CalPERS Post Retirement Employment Exemption for Randall Ross - The Public Employees' Pension Reform Act (PEPRA) of 2013 requires newly retired persons to "sit out" at least 180 days before returning to work for an employer in the same retirement system from which they receive a retirement allowance. An exemption to this rule is permitted by Government Code Section 7522.56 and 21224, if approved by the governing body in a public meeting on the regular agenda. This position is necessary in order to assist in managing the Hazard Tree Right of Entry (ROE) Program for the Camp Fire recovery effort effective October 23, 2019. The County anticipates needing the position for up to six months. Duties will include but are not limited to: supervision of staff, coordinating work flow, developing work process, and compiling statistical information. The position reports to the Hazard Tree ROE Incident Commanders. The Director of Human Resources has reviewed the facts and concurs that the request is consistent with the exemption permitted under Government Code Section 7522.56 and 21224 — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) Page 9 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — OCTOBER 22, 2019 4.05 Approval of Community Choice Aggregation (CCA) Joint Powers Authority (JPA) Agreement with the City of Chico and Resolution Approving JPA Establishing Butte Choice Energy Authority- 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 JPA agreement. The draft JPA agreement was brought before the Board of Supervisors on October 8, 2019, for input and is now being brought back along with a Resolution approving the JPA and establishing Butte Choice Energy Authority — action requested —1) APPROVE JPA WITH THE CITY OF CHICO AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE RESOLUTION APPROVING JPA AND ESTABLISHING BUTTE CHOICE ENERGY AUTHORITY AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 4.06 Introduction of an Ordinance Amending Butte County Code, Chapter 26, Entitled "Buildings" to Adopt the 2019 California Building Standards Code —The Department of Development Services recommends consideration of the 2019 California Building Standards Code. The State of California adopted the 2019 California Building Standards Code in July 2019 and made the code adoption mandatory at the local level by January 1, 2020. The building codes are updated every three years. This allows for the codes to improve and adjust to the newest materials, methods of construction, technological advances in the industry, and to respond to natural disasters. Compliance with the State Building Code is mandatory. The fundamental purpose of building code is to ensure structures are constructed to an appropriate minimum standard and are safe for the uses intended. Building codes exist in order to protect the life, health and safety of the public who will inhabit the buildings. The proposed amendments to Chapter 26 "Buildings" are to maintain compliance with State law by adopting the latest California Building Standards Code, providing administrative exceptions to accommodate local procedures, and avoiding conflicts with State law. Additional benefits to local adoption is the use of appendix chapters, which provide additional design clarification and flexibility. Proposed appendix chapters include Agricultural Buildings, Emergency Housing, Tiny Houses, Strawbale Construction, Light Straw - Clay Construction, and Swimming Pool Safety Act amongst others. Adoption of the proposed amendments is considered exempt from the California Environmental Quality Act under CEQA Guidelines 15061(b)(3) — action requested — WAIVE THE FIRST READING OF THE ORDINANCE ENTITLED "AN ORDINANCE AMENDING BUTTE COUNTY CODE, CHAPTER 26, ENTITLED BUILDINGS," TO ADOPT THE "2019 CALIFORNIA BUILD STANDARDS CODE". (Development Services) 4.07 Residential Clustering Development Workshop - The Department of Development Services will facilitate a workshop with the Board of Supervisors to focus on various aspects of clustering residential development, conservation of open space, and incentives for additional residential density, as allowed under the Zoning Ordinance and General Plan. The workshop will cover the following areas: 1) Clustered Subdivisions (Zoning Ordinance Article 18) and Density Incentives; 2) Planned Unit Developments (Zoning Ordinance Section 24-32); 3) General Plan Agriculture Element Policy AG -132.6 and Clustering; and 4) Density Bonuses — Affordable/Senior/Housing (Zoning Ordinance Article 23). The goal of the workshop is to gain a better understanding of residential clustering in Butte County and to review each of the four sections of the Zoning Ordinance listed above in greater detail. After presenting information concerning these sections there will be time for the Board to discuss the material presented and provide comment. After receiving public comment the Board will be asked to provide any concerns or direction. Direction provided by the Board will be reviewed by staff and brought back to the Board for further recommendations — action requested — PROVIDE DIRECTION TO STAFF. (Development Services) Page 10 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 22, 2019 4.08 Honey Run Covered Bridge Alternative Project for Public Assistance Funding — The Honey Run Covered Bridge was destroyed in the Camp Fire. The Bridge was owned and maintained by the Department of Public Works, and operated by the Honey Run Covered Bridge Association (HRCBA). The HRCBA has expressed a desire to undertake the bridge reconstruction process using private funding. The Honey Run Covered Bridge would then be owned and operated by HRCBA. The County may request an Alternate Project under the Federal Emergency Management Agency (FEMA) public assistance funding for infrastructure that will not be repaired or replaced. This will allow for FEMA to provide public assistance towards a different public facility that benefits the same community. Funding is capped at 90% of the estimate of the cost to restore the facility. Alternate Projects must be permanent projects that benefit the public and serve the same general area that was being served by the original facility. The Department recommends purchasing equipment with the Alternative Project fund. The equipment is an eligible expense and additionally would have multiple benefits including: 1) Improving air quality, reducing downtime, and reducing fuel consumption; 2) Minimizing the lengthy environmental review process normally associated with federal funds; and 3) Reducing the future expenditure of Road Funds for equipment replacement, which allows for more Road Funds to be used to fund restoration of roadways damaged by the Camp Fire debris clean-up activities — action requested — 1) CONFIRM THAT COUNTY RECONSTRUCTION OF THE HONEY RUN COVERED BRIDGE IS NOT IN THE BEST INTEREST OF THE COUNTY; AND 2) AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC WORKS TO MOVE FORWARD WITH AN ALTERNATIVE PROJECT. (Public Works) 4.09 Reconsideration of a Budget Adjustment and Contract with West Yost Associates, and Revenue Agreement with Paradise Irrigation District (PID) - California Water Service (CWS) Chico for a Feasibility Study on the PID -CWS Intertie Project — On September 10, 2019, the Board of Supervisors considered a contract with West Yost Associates to conduct a study on the feasibility of an intertie between PID and CWS Chico. Accompanying the contract was a revenue agreement between the County, PID and CWS, and a budget adjustment. The budget adjustment requires a 4/5 vote. On a 4-1 vote, the Board passed a motion to approve the contract with West Yost Associates, approve the revenue agreement and approve a budget adjustment adding appropriation for the contract. Based on the passing of the motion, the contract was executed by the parties. At the September 10, 2019 meeting, Supervisor Lucero voted in favor of the motion on the condition that CWS would release the reports related to the project previously conducted by West Yost Associates under contract with CWS. It has since become unclear whether CWS will authorize the release of the reports. Therefore, at the Board of Supervisors meeting held on October 8, 2019, Supervisor Lucero requested that the matter be reconsidered at the October 22, 2019 Board of Supervisors meeting. In the event the contract revenue agreement, and corresponding budget adjustment (4/5 vote required) are not re -approved by the Board, the Department would immediately provide the required 30 -day notice to terminate the contract, which would be effective on November 22, 2019. The County would be responsible for reimbursing the contractor for all costs incurred up to the termination date — action requested — 1) APPROVE CONTRACT; 2) APPROVE REVENUE AGREEMENT; AND 3) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Water and Resource Conservation) 4.10 Items Removed from the Consent Agenda for Board Consideration and Action Page 11 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 22, 2019 5. PUBLIC HEARINGS AND TIMED ITEMS 5.01 11:00 AM - Leadership Academy Presentation - Performance Management Analysis and Recognition of Participants in Leadership Academy - Management Series - 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 Management Series within the Leadership Academy was held. The participants were selected as part of a competitive process, and through the program 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. This is the third presentation in a series of three. All participants in the Management Series of the Academy will be recognized for their accomplishment — action requested — 1) ACCEPT FOR INFORMATION; AND 2) RECOGNIZE PARTICIPANTS IN THE LEADERSHIP ACADEMY - MANAGEMENT SERIES FOR COMPLETION OF THE PROGRAM. (County Administration) 5.02 11:30 AM - Supervisor District Boundaries Timeline for Redistricting - Every ten years, following the federal census and using the census data as a basis, the Board of Supervisors must adjust the boundaries of any or all of the supervisorial districts of the County so that the districts are as nearly equal in population as possible, in order to comply with applicable provisions of local, state and federal law. At this time it is too early to know what the exact process will be as there may be changes to the law and / or procedures. The 2021 timeline will be similar to the 2011 Redistricting timeline — action requested — ACCEPT FOR INFORMATION. (County Clerk -Recorder / Registrar of Voters) 5.03 11:40 AM - Syringe Access Program (SAP) Presentation - The Northern Valley Harm Reduction Coalition, located in Butte County, has applied to the California Department of Public Health (CDPH) for approval of a SAP in Chico. Recently, Danette York, Public Health Director, provided presentations on SAP to the Local Government Committee (City of Chico/County of Butte) and to the Chico City Council. The County members of the Local Government Committee requested a similar presentation be provided to the Board of Supervisors. This presentation will describe the State of California's requirements for any SAP, as well as information on related local infectious disease risks, substance use disorders, and public health data from the Center for Disease Control and CDPH — action requested — ACCEPT FOR INFORMATION. (Public Health) 5.04 Noon - Camp Fire Recovery Update -The Camp Fire burned unincorporated communities in Butte County and the Town of Paradise on November 8, 2018, taking the lives of 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) Page 12 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 22, 2019 5.05 12:15 PM - Direction to Develop a Local Requirement for Underground Utilities in Areas where Pacific Gas & Electric (PG&E) Plans to Underground Electrical Utility Lines in Areas Burned During the Camp Fire -The Camp Fire swept through unincorporated communities in Butte County and the Town of Paradise on November 8, 2018, burning 153,336 acres, taking the lives of 85 people, and destroying over 19,000 structures including more than 14,000 homes. The fire quickly burned utility poles which fell onto roads blocking residents fleeing the fire and impeding the progress of first responders as they assisted residents who were evacuating. The Camp Fire significantly damaged electrical and telecommunication infrastructure throughout the burned areas. PG&E announced its intention to put electrical lines underground in the Town of Paradise and in portions of the unincorporated area of Butte County on the upper ridge. Putting electrical lines underground is vital to reducing the fire risk in these communities and removing utility poles that may burn and block evacuation routes during future evacuations. County staff participate in regular coordination meetings with PG&E, AT&T, and Comcast about PG&E's planned undergrounding project. Both AT&T and Comcast have indicated their utility improvements are permanent and they do not have plans to move the utilities they have replaced to the trench when PG&E puts the electrical lines underground. This means the utility poles that have been replaced would stay in place to hold the telecommunications infrastructure. County Administration requests direction from the Board of Supervisors to develop a local requirement for existing utility providers to: 1) communicate and coordinate with PG&E when a trench is open and available; 2) assess ability to require existing utilities to move infrastructure to an open trench in the areas where PG&E plans to underground electrical lines; or 3) provide other direction — action requested — PROVIDE DIRECTION TO STAFF. (County Administration) 5.06 1:15 PM - Introduction of Chapter 38A Fire Prevention and Protection Ordinance Update, and Direction to Staff for Potential Enhancements - Chapter 38A of the Butte County Code, entitled "Fire Protection and Prevention", commonly referred to as the Weed Abatement Ordinance, parallels California Public Resources Code (PRC) sections 4290 and 4291. Changes have been made to PRC section 4291. In order to maintain consistency between State and County codes, updates to Chapter 38A are presented to the Board for consideration. Recommended changes include updated definitions for "buildings" and "utility generators", and updated firebreak requirements. In addition to the recommended changes, the Butte County Fire Chief seeks direction on potential enhancements to Chapter 38A, such as defensible space on adjacent parcels, fuel reduction along driveways, roadways, and evacuation routes — action requested — 1) WAIVE THE FIRST READING OF THE ORDINANCE ENTITLED "AN ORDINANCE AMENDING CHAPTER 38A, ENTITLED, "FIRE PREVENTION AND PROTECTION", OF THE BUTE COUNTY CODE; AND 2) PROVIDE DIRECTION TO STAFF ON POTENTIAL ENHANCEMENTS TO CHAPTER 38A. (Fire) Page 13 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 22, 2019 5.07 12:30 PM - Budget Adjustment and Adoption of an Urgency Ordinance Amending Chapter 53 - "Camp Fire Disaster Recovery Ordinance" Adding Article V - "Hazard Tree Removal" to Establish Requirements of a Mandatory Hazard Tree Removal Program - Pursuant to California Government Code sections 25123(d) and 25131, County Administration and County Counsel recommend the adoption of an urgency ordinance regarding the removal of hazard trees related to the Camp Fire of 2018. The urgency ordinance would take effect immediately. The ordinance requires removal of hazard trees from private property that threaten roads and/or right-of-ways of County -maintained roads and improved public property to address numerous risks to the public peace, health and safety, and to promote the region's recovery from the Camp Fire. The ordinance requires property owners with hazard trees to either: 1) Enter into the Government Tree Program to remove hazard trees at no out-of-pocket cost to the owner; or 2) Register to participate in the Private Tree Program to identify and remove hazard trees at the sole cost of the owner. Owners are required to submit: A) A completed Government Tree Program Right -of - Entry Permit to participate in the Government Tree Program; or B) A completed Inspection Access Form to participate in the Private Tree Program. The identification of hazard trees for the Government Tree Program will be made by an arborist or forester based on federal and State criteria for hazard trees which pose a threat to the public as described in the ordinance. The Private Tree Program will adopt the same criteria for hazard trees as the Government Tree Program. If a parcel contains hazard trees and the owner does not enter into one of the programs, or the owner does not remove hazard trees prior to the deadline, the County will take legal action to enforce the ordinance and remove the hazard trees at the property owner's expense. The ordinance shall remain in effect from the date of adoption until the completion of the removal of the hazard trees, or unless modified by the Board of Supervisors. The Department recommends the Board approve a $1.7 million budget adjustment from General Fund Appropriations for Contingencies for the Right of Entry (ROE) Center. It is anticipated that costs for a hazard tree program are, except a 2.5% local share of cost, eligible for State and federal disaster reimbursement though it is not clear when those funds would be received. The County would operate a ROE Center and eventual Abatement Program. The State would do the actual tree removal. It is unclear if the State would bill the County for a share of cost —action requested — 1) WAIVE THE FIRST READING OF THE URGENCY ORDINANCE ENTITLED "AN ORDINANCE OF THE COUNTY OF BUTTE ADDING ARTICLE V, ENTITLED "HAZARD TREE REMOVAL," OF CHAPTER 53, ENTITLED "CAMP FIRE DISASTER RECOVERY ORDINANCE," TO ESTABLISH REQUIREMENTS OF A MANDATORY HAZARD TREE REMOVAL PROGRAM"; 2) ADOPT URGENCY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN (4/5 VOTE REQUIRED); AND APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (County Administration / County Counsel) **ITEM 5.07 WAS INCLUDED ON THE SUPPLEMENTAL AGENDA RELEASED FRIDAY, OCTOBER 18, 2019** 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 Thompson Flat Cemetery District Board of Trustees. Page 14 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 22, 2019 THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES AGENDA OCTOBER 22, 2019 1. CALL TO ORDER 2. CONSENT AGENDA 2.01 Thompson Flat Cemetery District— Required Meeting - Pursuant to Health and Safety Code section 9029, the Trustees are required to meet at least once every three months. This meeting satisfies compliance with that code — action requested — NO ACTION IS REQUIRED. (General Services) 3. REGULAR AGENDA (NO ITEMS) 4. PUBLIC COMMENT Comments to the Thompson Flat Cemetery District Board of Trustees 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 (NO ITEMS) ADJOURNMENT Adjourn as the Thompson Flat Cemetery District Board of Trustees and reconvene as the Butte County Board of Supervisors. Page 15 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 22, 2019 7. BOARD OF SUPERVISORS CLOSED SESSION 7.01 Public EmDlovee EmDlovment. ADDointment. Recruitment. Performance Evaluations. Includin Goals, Pursuant to Government Code Section 54957: A. Agricultural Commissioner B. Behavioral Health Director C. Chief Administrative Officer D. Chief Probation Officer E. Child Support Services Director F. County Counsel G. Development Services Director H. Employment and Social Services Director I. Human Resources Director J. Information Services Director K. Library Director L. Public Health Director M. Public Works Director N. Water and Resources Conservation Director 7.02 Actual Litigation Pursuant to Government Code Section 54956.9(d)(1): A. County of Butte v. PG&E Corporation, Pacific Gas and Electric Company; Butte County Superior Court Case No. 19CV00151; and U.S. Bankruptcy Court, Northern District, San Francisco Division Case No. 19-30088. 7.03 Discuss Response to Confidential Final Draft Report from the State Auditor Pursuant to Government Code Section 54956.75 Page 16 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 17