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HomeMy WebLinkAboutA110519SHARI MCCRACKEN CHIEF ADMINISTRATIVE OFFICER & CLERK OF THE BOARD 1. CALL TO ORDER BUTTE COUNTY BOARD OF SUPERVISORS REGULAR MEETING AGENDA NOVEMBER 5, 2019 9:00 AM 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 Resolution Authorizing Low -Value Exemption From Taxation of Possessory Interests — The Assessor's Office is responsible for assessing the value of all taxable property in the County, including possessory interests. Possessory interests are assessments created by the private use of non-taxable public property. Possessory interests are challenging to value and time consuming to explain and can cost more in staff time than the revenue they generate. Assembly Bill (AB) 608 (Petrie -Norris), recently signed by the Governor, amends Section 155.20 of the Revenue and Taxation Code and expands the exemption for low -value assessments to any possessory interests value under $50,000 with approval from the Board of Supervisors. Prior to the passage of AB 608, the maximum low -value exemption was $10,000, except in the case of temporary and transitory use in a publicly owned fairground or convention facility. The County's current low -value exemption amount for possessory interest assessments is $2,000, per Resolution 93-158 adopted in October of 1993, and $50,000 for transitory uses at fairgrounds per Resolution 07-165 adopted in October of 2007. The Assessor recommends the Board adopt a resolution increasing the possessory interest exemption to $50,000 as provided by AB 608. This would exempt 194 assessments with a total value of just over $3 million dollars. 117 possessory interest assessments would remain, with a total value of over $55 million dollars. The low -value exemption will remain at $2,000 for all other types of property — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Assessor) Page 1 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - NOVEMBER 5, 2019 3.02 Grant Agreement with North Valley Community Foundation (NVCF) - Butte Strong Fund for the Butte County Community Services (BCCS) Collaboration on Paradise Ridge and Budget Adjustment - On October 18, 2019, the Butte Strong Committee of the NVCF approved a proposal to fund the BCCS Collaboration on the Paradise Ridge between the Department of Behavioral Health and the Department of Employment and Social Services. The Departments are seeking to establish a community services center in Paradise, which will house adult mental health services, social support, employment and eligibility services, disaster case management, a field office for school-based counseling, and child and adult welfare staff serving the surrounding community. The Departments anticipate serving approximately 3,700 clients. The intention behind the BCCS Center is to provide localized mental health and social support services in a location that is easy to access, focused on trauma -informed care, and bolsters capacity for the community of the Paradise Ridge to support residents as the town rebuilds. The long-term vision for the BCCS collaboration is to identify the needs of the Paradise Ridge and customize access to services that best fit the recovery, health, and growth of the community. The Departments recommend entering into a grant agreement with NVCF for the Butte Strong grant funding. The term of the contract is the date of execution through December 1, 2020, not -to -exceed $100,000 — action requested -1) APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Behavioral Health / Employment and Social Services) 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 adds funding for the ISP and the RSP. The Department of Behavioral Health recommends amending the agreement with NVCSS to increase 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 Board of Supervisors Regular Meeting Minutes - Submitted for approval are the minutes for the October 8, 2019, Board of Supervisors Regular Meeting — action requested - APPROVE THE OCTOBER 8, 2019, BOARD OF SUPERVISORS REGULAR MEETING MINUTES AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) Page 2 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — NOVEMBER 5, 2019 3.05 Resolution Recognizing and Commending Community -Based Organizations, Private Businesses, and Faith -Based Organizations for Aid Provided During the Camp Fire Disaster Response and Recovery Effort - The Camp Fire of November 2018 is the deadliest and most destructive wildfire in California history. The fire took the lives of 85 people and covered approximately 153,000 acres, damaging or destroying more than 19,000 structures in the Town of Paradise, and the unincorporated communities of Paradise Pines, Magalia, Concow, Yankee Hill, Pulga, Butte Creek Canyon, Butte Valley, and surrounding areas, and displacing more than 14,000 families. The Board of Supervisors recognizes and commends the community-based organizations, private businesses, and faith -based organizations, who so generously volunteered skills, knowledge, time and energy, and/or donated supplies to the residents affected by the Camp Fire during the event, and whose efforts continue to be extended throughout the recovery effort — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.06 Resolution Recognizing the One -Year Anniversary of the 2018 Camp Fire and Designating November 8t" of Each Year as Camp Fire Remembrance Day - County Administration recommends the Board of Supervisors adopt a resolution recognizing the one year anniversary of the 2018 Camp Fire; designating November 8th each year as Camp Fire Remembrance Day; encouraging all residents to participate in a moment of silence each year at 11:08 AM on November 8th; and asking residents to reach out and help where they can, thank those who are assisting in response and recovery efforts, and embrace the compassion and resilience of Butte County and its residents — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.07 Budget Adjustment and Resolution to Amend the Salary Ordinance - County Administration recommends adding a flexibly staffed Administrative Analyst in the Office of Emergency Management (OEM). Additional staffing is needed due to the heavy workload associated with previous local disasters. The Camp Fire and the related recovery efforts have exacerbated the already heavy workload of managing grants (such as Homeland Security Grants, Emergency Management Performance Grant, and Hazard Mitigation Grants) that are currently in place. Moreover, the County will be applying for additional grants in the future, many of which would assist with recovery efforts. All of the grants require OEM to apply for them and to track and report expenditures, requiring a significant amount of staff time. There are also other areas the County must address in emergency management that require additional staffing such as community outreach, emergency plan updates, and response to disasters. While the majority of the cost of the new position will be covered through federal revenues for the next two years, there will be General Fund cost in the current and future years for this position. For the current fiscal year, approximately $23,000 will be covered through the General Fund Appropriation for Contingencies — action requested — 1) APPROVE BUDGET ADJUSTMENT FROM GENERAL FUND APPROPRIATION FOR CONTINGENCIES (4/5 VOTE REQUIRED); AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.08 Adoption of an Ordinance Amending Butte Countv Code. Chapter 26. Entitled "Buildings" to Adopt the 2019 California Building Standards Code - On October 22, 2019, the Board of Supervisors waived the first reading of the ordinance amending Chapter 26 of the Butte County Code to adopt the 2019 California Building Standards Code including amendments. The Department of Development Services recommends adopting the ordinance. The new building codes will become effective on January 1, 2020 — action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) Page 3 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - NOVEMBER 5, 2019 3.09 Budget Adjustment and Capital Asset Purchase for Replacement Vehicles — The District Attorney's Office needs to replace three vehicles that have reached the end of their useful life. In order for the Department's investigators to provide services within the community, including emergency response and response to natural disasters, they require safe and dependable vehicles. The Department's current vehicles are not equipped to effectively respond to disasters; therefore, the new vehicles will be all -wheel drive and better equipped to perform law enforcement duties including emergency response. The vehicles will be funded with existing appropriation. The Department recommends approval of a capital asset purchase of three new vehicles and a budget adjustment to transfer $128,000 to the Capital Assets Account — action requested — 1) APPROVE BUDGET ADJUSTMENT; AND 2) APPROVE CAPITAL ASSET PURCHASES (3). (District Attorney) 3.10 Resolution Recognizing November 2019 as Adoption Awareness Month - The Department of Employment and Social Services recommends that the Board of Supervisors adopt a resolution proclaiming November 2019 as Adoption Awareness Month in Butte County — action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) 3.11 Contracts Related to California Emergency Shelter and Housing (CESH) Funding - The Butte Countywide Continuum of Care (CoC) has awarded CESH funding to address the homelessness crisis in Butte County. The projects were selected and approved by the CoC on July 15, 2019. The awarded contracts are as follows: 1. Catalyst Domestic Violence Services, Emergency Shelter Operations - $207,000 2. Oroville Rescue Mission, Emergency Shelter Operations - $167,857 3. True North Housing Alliance, Aurora North Family Shelter Operations - $26,203 The CoC has sole discretion over how CESH funding is spent and who receives the funding. The Department of Employment and Social Services serves as the Administrative Entity for the CoC and will be monitoring the contracts and distributing the funding based on the CoC selection and the terms set forth by the State of California — action requested - APPROVE CONTRACTS (3) AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) 3.12 Adoption of an Ordinance Amending Butte Countv Code. Chapter 38A. Entitled "Fire Prevention and Protection" — On October 22, 2019, the Board of Supervisors waived the first reading of the ordinance amending Chapter 38A of the Butte County Code, entitled "Fire Protection and Prevention", commonly referred to as the Weed Abatement Ordinance, including updated definitions for "buildings" and "utility generators", and updated firebreak requirements which incorporate language from California Public Resources Code (PRC) section 4291. Changes have been made to PRC section 4291 which necessitate the amendments to Chapter 38A. The Department recommends adopting the ordinance. The ordinance will become effective 30 days after adoption_ action requested — ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Fire) Page 4 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - NOVEMBER 5, 2019 3.13 Change Orders for Communications Tower Construction at 479 East Park Avenue — The communications site located at 479 East Park Avenue, Chico, is an integral part of the overall County communications infrastructure. The multi-year project budget to replace the communications tower totals $1,092,490. On August 28, 2018, the Board of Supervisors approved a $594,738 contract with L. D. Strobel, Inc. for the construction of the tower. During construction, it was determined that the grounding system, a major component of the communications site, was inadequate and design and construction of a new grounding system became necessary. The Department of General Services executed Change Orders 1 through 5 extending the L. D. Strobel, Inc. contract. The Department recommends that the Board of Supervisors ratify Change Orders 1 through 5 and approve Change Order 6, increasing the L. D. Strobel, Inc. contract by $108,144 to a total of $702,882, as the dollar increase exceeds the authority of the Department to approve. The Department will return to the Board of Supervisors upon completion with a total project financial recap, a recommendation to accept the work as complete with execution of a Notice of Completion, and for ratification of any additional Change Orders if needed — action requested — 1) RATIFY CHANGE ORDERS 1 THROUGH 5; AND 2) APPROVE CHANGE ORDER 6 AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 3.14 Budget Adjustment for Capital Projects for Stand -By Generator Power at Three Butte County Fire Stations — Several County operated facilities consistently lose electrical service during Public Safety Power Shutoff (PSPS) events. With the expectation of more events in the future, the County is evaluating installing generators in facilities that lack generators and upgrading others that were not designed to fully support buildings for days in these high exposure areas. While the County evaluates various alternatives for consideration by the Board of Supervisors in the future, there are three critical Butte County career Fire Stations that lack any generator support including: Station 55 in Bangor, Station 64 in Kelly Ridge, and Station 72 in Palermo. The budget estimate for each station generator installation is $100,000, for a total expenditure of $300,000, for design and installation. As each project is considered a capital asset, three separate projects are needed in the Capital Project Fund to account for the expenditures. The departments of General Services and Fire recommend that the Board of Supervisors approve the budget adjustment for the establishment of the three capital projects. The County is currently pursuing United States Department of Agriculture (USDA) grants to fund a portion of these projects and it is anticipated that $125,000 of the cost will be funded by a USDA program and the remaining $175,000 will be funded with General Fund Appropriations for Contingencies. The County will also pursue PSPS funds to offset some or all of these costs — action requested — APPROVE BUDGET ADJUSTMENT FROM GENERAL FUND APPROPRIATIONS FOR CONTINGENCIES AND CAPITAL ASSET AUTHORITY FOR THREE, $100,000 CAPITAL PROJECTS (4/5 VOTE REQUIRED). (General Services) Page 5 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - NOVEMBER 5, 2019 3.15 Resolution to Amend the Salary Ordinance - The Department of Human Resources recommends the Board of Supervisors adopt a resolution amending the Salary Ordinance for the following departments: HUMAN RESOURCES: Amend Section 28C of the Salary Ordinance No. 4149 of the County of Butte entitled "General Unit" by adding the Class Code 4064 "Patient Accounts Specialist" Range 30 and Class Code 4066 "Patient Accounts Specialist, Senior" Range 35. This new classification series will allow the Department of Public Health to have a position specific to medical billing and medical claims processing. The applicable employee group has agreed to these changes. PUBLIC HEALTH: Add 1 flexibly staffed Patient Accounts Specialist position and delete 1 vacant Support Services Supervisor position. After review of the duties and tasks required to be completed, the Department believes the position of Patient Accounts Specialist will better suit the needs of the Department. Total allocations to remain unchanged. There is no impact on the General Fund Budget. Action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.16 Grant Agreement with California Department of Public Health (CDPH) for Human Immunodeficiency Virus (HIV) Surveillance Program (HSP) - The Department of Public Health recommends entering into a grant agreement with CDHP for the administration of the HSP and implementation of HIV surveillance activities. The program provides precise and timely information necessary to identify ongoing patterns of infection. The data collected in the surveillance program provides essential information to describe and monitor trends in infection. The term of the grant agreement is July 1, 2019 through June 30, 2024, with a maximum receivable amount of $171,715 — action requested - APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Health) 3.17 Resolution Authorizing Submittal of a Grant Application for the Department of Resources Recycling and Recovery (CalRecycle) for the Cycle 4 Organics Grant Program — CalRecycle is authorized to administer various grant programs to further the State's efforts to reduce, recycle, and reuse solid waste generated within the State. Such grant programs help preserve solid waste landfill disposal capacity and help protect public health and safety, and the environment. On September 23, 2019, CalRecycle released a Notice of Funding Availability for the Organics Grant Program, Cycle 4, for Fiscal Year (FY) 2018-19 and FY 2019-20. Applications are due November 21, 2019. The purpose of this competitive grant program is to further the efforts of the California Global Warming Solutions Act (AB 32) and lower overall greenhouse gas emissions. This will be accomplished by expanding existing capacity or establishing new facilities in the State to reduce the amount of California -generated green waste materials, food materials, or alternative daily cover materials disposed of in landfills. A total of $16,000,000 is available for this grant cycle with a maximum grant award amount of $3,000,000. The Department of Public Works recommends submitting a grant application in the amount of $3,000,000 to develop an on-site organics waste compost facility at the Neal Road Recycling and Waste Facility. The full cost of the project is $5,000,000, and $2,000,000 will be paid from the NRRWF Enterprise fund. Initial targeted waste streams include 150 tons per day of source separated food waste originating from restaurants/cafeterias in the greater Chico Urban Area. The program will be expanded over time to serve more County areas — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) Page 6 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - NOVEMBER 5, 2019 3.18 Contract Change Orders (CCOs) and Notice of Completion for Decommissioning of the Primary Septage Pond Project at the Neal Road Recycling and Waste Facility (NRRWF) — On June 26, 2018, Myers and Sons Construction, LLC of Sacramento was awarded the Decommissioning of the Primary Septage Impoundment Project at the NRRWF in the amount of $2,391,916. The project scope of work included the pumping, trucking, and disposal of the liquid in the pond; removal and drying of the accumulated biosolids and sludge; and removal of the 4.4 acre pond liner system. Four CCOs were executed by the Department of Public Works during the course of the project to address variations from the original engineer's estimates. The increases are primarily related to the increased amount of liquid in the pond. 1. CCO No. 1: Increased cost by $26,183 for hauling of liquid to other facilities. 2. CCO No. 2: Increased cost by $267,600 for the removal of remaining liquid, and granted 70 additional working days to the contractor. Supplement A reduces the approved amount of CCO No. 2 by $55,506 for a net cost of $212,094. 3. CCO No. 3: Increased the engineer's estimate by $200,000 for removal of remaining liquid due to an increase in rainfall. Supplement A reduces the engineer's estimate of CCO No. 3, by $148,910 for a net cost of $51,090. 4. CCO No. 4: Revised contract item unit price and increased the engineers estimate cost by $436,471 for removal of bio -solids. 5. CCO No. 5: Increases the engineers estimate by $6,956 for liner removal and an adjustment of compensation at an agreed price for soil sampling for the clean closure. Total cost of work including the contract change orders is $3,124,710. This is a 31% overall increase in the original contract amount. All contract work has been completed in accordance with the project plans and specifications - — action requested - 1) RATIFY SUPPLEMENTS AND CCO NO. 1- 4; AND 2) APPROVE CCO NO. 5 AND AUTHORIZE THE CHAIR TO SIGN; AND 3) ACCEPT THE CONTRACT WORK AS COMPLETE AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION. (Public Works) 3.19 Contract with Sarah Avedschmidt, M.D. for Forensic Pathology Services - The County Coroner is required to perform autopsies and inquests into certain deaths under Government Code sections 27460 et seq. There are circumstances during which the Coroner must work in consultation with a board-certified forensic pathologist certified by the American Board of Pathology. Since January 1, 2019, the Sheriff's Office has completed 631 Coroner cases. The scope of work to be completed by a forensic pathologist varies with each case. The Sheriff's Office recommends entering into a contract with Dr. Sarah Avedschmidt, a board-certified forensic pathologist, for forensic pathology services. The term of the contract is one year from date of execution, not -to - exceed $125,000—action requested -APPROVE CONTRACTAND AUTHORIZE THE CHAIR TO SIGN. (Sheriff -Coroner) 3.20 Contract Amendment with the Consensus Building Institute for Facilitation Services in the Vina Wyandotte Creek, and Butte Subbasins - The Department of Water and Resource Conservation recommends amending the contract with the Consensus Building Institute to facilitate the development of governance structures in the Vina, Wyandotte Creek, and Butte subbasins to implement the Sustainable Groundwater Management Act. The amendment extends the term of the contract by 10 months through June 30, 2020; adds facilitation services for the Butte and Vina subbasins; and increases the maximum payable amount by $9,100, not -to -exceed $79,500. The contract is funded from a California Department of Water Resources Proposition 1 grant — action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation) Page 7 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — NOVEMBER 5, 2019 3.21 Contract with LEAN Energy US and Budget Adjustment - On October 22, 2019, the Board of Supervisors adopted a resolution approving a Joint Powers Authority (JPA) agreement between the County and the City of Chico and establishing Butte Choice Energy Authority (BCEA). Technical assistance is needed for the newly formed JPA to perform its duties associated with getting BCEA structured and operational to be able to provide energy for the unincorporated area of the County along with the City of Chico. County Administration recommends entering into a contract with LEAN Energy US to provide technical assistance to the JPA of BCEA. The term of the contract is November 5, 2019 through June 30, 2021, not -to -exceed $84,000 ($48,000 in FY 2019-20). Additionally, the Department recommends the Board approve a budget adjustment of $48,000 out of General Fund Appropriations for Contingencies. These funds will be paid back to the County once BCEA has become operational and revenues permit, typically 18-24 months after BCEA is operational — action requested — 1) APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN; 2) APPROVE BUDGET ADJUSTMENT FROM GENERAL FUND APPROPRIATION FOR CONTINGENCIES (4/5 VOTE REQUIRED). (County Administration) **ITEM 5.07 WAS INCLUDED ON THE SUPPLEMENTAL AGENDA RELEASED FRIDAY, NOVEMBER 1, 2019** 4. REGULAR AGENDA 4.01 Boards, Commissions, and Committees (List available at http://www.buttecounty.net/clerkoftheboard/AppointmentsList.aspx) A. Appointments to Listed Vacancies Appointments to the Butte Choice Energy Joint Powers Authority Governing Board - On October 22, 2019, the Board of Supervisors approved a Resolution approving a JPA agreement between the County and the City of Chico, which established the Butte Choice Energy Authority. At this time, Staff recommends the Board of Supervisors appoint two Board members to serve as Directors on the JPA governing body; and appoint up to two Alternate Directors to serve on JPA governing body — action requested - 1) APPOINT TWO BOARD MEMBERS TO SERVE AS DIRECTORS ON JPA GOVERNING BODY; AND 2) APPOINT UP TO TWO BOARD MEMBERS TO SERVE AS ALTERNATE DIRECTORS ON JPA GOVERNING BODY. (County Administration) 2. Nomination of California State Association of Counties (CSAC) Board of Directors Members - Under provisions of the CSAC Constitution, members of the Board of Directors and alternates are nominated by their respective Board of Supervisors to one- year terms of office commencing the first day of the CSAC annual conference. The 2019 conference, which will be held in San Francisco, starts December 3, 2019. Any member of the Board of Supervisors is eligible to be nominated as Director. Appointments will be done by the CSAC Executive Committee. Currently, Supervisor Lucero is the Delegate Member, and Supervisor Ritter is the Alternate Member — action requested - 1) NOMINATE ONE MEMBER OF THE BOARD OF SUPERVISOR TO THE CSAC BOARD OF DIRECTORS, FOR A TERM OF ONE YEAR BEGINNING DECEMBER 3, 2019; AND 2) NOMINATE ONE MEMBER OF THE BOARD OF SUPERVISOR AS THE ALTERNATE TO THE CSAC BOARD OF DIRECTORS, FOR ATERM OF ONE YEAR BEGINNING DECEMBER 3, 2019. (Other — California State Association of Counties) Page 8 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — NOVEMBER 5, 2019 3. Appointments to the Rural County Representatives of California (RCRC) Board of Directors and the Golden State Finance Authority (GSFA) Board of Directors - RCRC and GSFA have requested the annual designation of a delegate and alternate members to the RCRC Board of Directors and the GSFA Board of Directors. Both the delegate and alternate member serve a term of one year. It has been the practice of the Board of Supervisors that the Supervisors who serve on the RCRC Board of Directors also serve on the GSFA Board of Directors. Currently, Supervisor Teeter is the Delegate Member and Supervisor Connelly is the Alternate Member on both the RCRC Board of Directors and the GSFA Board of Directors — action requested - 1) APPOINT ONE MEMBER OF THE BOARD OF SUPERVISORS AS THE DELEGATE MEMBER TO THE RCRC BOARD OF DIRECTORS AND THE GSFA BOARD OF DIRECTORS, WITH TERMS ENDING DECEMBER 2020; AND 2) APPOINT ONE MEMBER OF THE BOARD OF SUPERVISORS AS THE ALTERNATE MEMBER TO THE RCRC BOARD OF DIRECTORS AND THE GSFA BOARD OF DIRECTORS, WITH TERMS ENDING DECEMBER 2020. (Other — Rural County Representatives of California) 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 Resolution Regarding Rules of Procedure for the Board of Supervisors - Many Boards of Supervisors in California have adopted Rules of Procedure for their governing bodies. The Butte County Board of Supervisors adheres to many of the practices adopted in other counties, though the practices have not been memorialized to -date. In order to foster understanding and respect of the democratic process, facilitate compliance with applicable laws, encourage public participation, provide guidance on decorum, and enhance effective and efficient management of Board meetings, the Chief Administrative Officer (CAO) has memorialized practices adhered to in recent years for the Board's consideration. The Rules of Procedure may be amended today or at any time in the future by a majority vote. The CAO recommends the Board adopt a resolution adopting the Rules of Procedure for the Butte County Board of Supervisors — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 4.04 Resolution Authorizing County Staff to Inform Applicants for Development Permits in the North Chico Area of Flooding - The North Chico area of Butte County has experienced flooding in the past as discussed in the Butte County General Plan Health and Safety Element at page 11-9, as well as the flooding that occurred in early 2019. The Butte County General Plan specifically mentions flooding in Rock Creek and Keefer Slough that has inundated "State Routes 99 and 32 and several county roadways, as well as impacting extensive residential and agricultural areas." Staff recommends the Board of Supervisors adopt a resolution authorizing County staff to inform applicants for development permits in the North Chico Area of flooding that has occurred in the area and to require the property owner to sign an acknowledgment indicating knowledge of the flooding—action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Counsel) 4.05 Items Removed from the Consent Agenda for Board Consideration and Action Page 9 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — NOVEMBER 5, 2019 5. PUBLIC HEARINGS AND TIMED ITEMS 5.01 9:45 AM —Timed Item — Continuation of Reconsideration of a Budget Adjustment, 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. 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 Meeting. At the October 22, 2019 Board Meeting, CWS indicated that the reports would be provided to the County, and the Board passed a motion to continue the item to November 5, 2019. The Board conditioned the motion on the basis that CWS would provide to the County the previous West Yost analysis of conveyance options. In the event the contract, revenue agreement, and corresponding budget adjustment (4/5 vote required) are not re -approved by the Board, the Department of Water and Resource Conservation will immediately provide the required 30 -day notice to terminate the contract, which would be effective on December 5, 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) 5.02 10:20—Timed Item — Resolution Adopting the Butte County Local Hazard Mitigation Plan (LHMP) The County was awarded a Hazard Mitigation grant to update its LHMP in July of 2018. A contract was entered into with Foster Morrison on November 6, 2018, to assist with this work. The plan was prepared pursuant to the requirements of the Disaster Mitigation Act of 2000 so that all participants in the plan would be eligible for Federal Emergency Management Agency (FEMA), Pre -Disaster Mitigation, Hazard Mitigation, and Flood Mitigation Assistance grants. Sixteen local jurisdictions, including Butte County, participated in the planning process and will be adopting the plan. The plan has been completed and tentatively approved by FEMA pending adoption by the participating jurisdictions — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 5.03 10:30 AM — Public Hearing - Itemized Costs and Penalties Related to Nuisance Abatement to Record a Lien and Impose a Special Assessment A. Code Enforcement Case No. CE18-0712: 577 Ord Ranch Road. Bi22s: APN: 025-250-058 - On March 5, 2019, a hearing officer declared a public nuisance because of junk in public view on the property listed. This hearing has been scheduled to authorize the Board of Supervisors to record a special assessment and lien to recover the County's costs for Code Enforcement Case No. CE18-0712 for the property located at 577 Ord Ranch Road in Biggs (APN: 025-250- 058) in the amount of $5,444.78 — action requested - APPROVE THE PROPOSED LIEN AND A SPECIAL ASSESSMENT IN THE AMOUNT OF $5,444.78. (Development Services) Page 10 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - NOVEMBER 5, 2019 B. Code Enforcement Case No. CE18-0595; 0 Cochise Drive, Feather Falls; APN: 071-280-018 — On September 5, 2018, a hearing officer declared a public nuisance existed on the property listed below. This hearing has been scheduled to authorize the Board of Supervisors to record a special assessment and lien to recover the County's costs and penalties for Code Enforcement case CE18-0595 for the property located at 0 Cochise Road in Feather Falls (APN: 071-280-018) as a proposed lien of $55,652.19 (penalties). On March 25, 2019, a settlement agreement was reached wherein the County agreed to reduce the original amount of $77,404.39 in penalties and costs to a total of $34,804.39. That agreement included a down payment of $17,402.20 and 12 consecutive, monthly payments of $1,450.18 until the remaining balance of $17,402.20 was paid in full. The final payment would be due on or before March 25, 2020. The agreement included a clause that specified if any payment was more than thirty days past due that the agreement is rendered null and void and the County shall initiate cost recovery via a property lien. After the owner paid the initial down payment the owner failed to make payments until the account was 90 days past due. The owner brought the account current in June of 2019 and has failed and refused to make any further payments. Several past due letters have been sent by Code Enforcement and Butte County Central Collections which have received no response. The account is now over 90 days late. The Department of Development Services recommends the Board approve a lien in the amount of $55,652.19, which is the remaining amount due from the original $77,404.39 judgment granted to the County by a hearing officer — action requested - APPROVE THE PROPOSED LIEN OF $55,652.19. (Development Services) C. Code Enforcement Case No. CE18-0596; 0 Cochise Drive, Feather Falls; APN: 071-280-019 - On September 5, 2018, a hearing officer declared a public nuisance existed on the property listed below. This hearing has been scheduled to authorize the Board of Supervisors to record a special assessment and lien to recover the County's costs and penalties for Code Enforcement case CE18-0596 for the property located at 0 Cochise Drive in Feather Falls, CA (APN: 071-280-019) as a proposed lien of $47,841.28 (penalties). On March 25, 2019, a settlement agreement was reached wherein the County agreed to reduce the original amount of $66,577.04 in penalties and costs to a total of $29,977.04. That agreement included a down payment of $14,988.52 and 12 consecutive, monthly payments of $1,249.08 until the remaining balance of $14,988.52 was paid in full. The final payment would be due on or before March 25, 2020. The agreement included a clause that specified if any payment was more than thirty days past due that the agreement is rendered null and void and the County shall initiate cost recovery via a property lien. After the owner paid the initial down payment the owner failed to make payments until the account was 90 days past due. The owner brought the account current in June of 2019 and has failed and refused to make any further payments. Several past due letters have been sent by Code Enforcement and Butte County Central Collections which have received no response. The account is now over 90 days late. The Department of Development Services recommends the Board approve a lien in the amount of $47,841.28, which is the remaining amount due from the original $66,577.04 judgment granted to the County by a hearing officer — action requested - APPROVE THE PROPOSED LIEN OF $47,841.28. (Development Services) Page 11 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - NOVEMBER 5, 2019 5.04 10:45 AM — Public Hearing - Resolution Amending the Health and Safety Element of the General Plan to Incorporate the Local Hazard Mitigation Plan (LHMP) - In 2006, the State adopted Assembly Bill (AB) 2140 (Hancock), which added provisions specifying what is to be included in a LHMP and requiring a linkage between a local jurisdictions LHMP and the Safety Element of their General Plan. AB 2140 requires a jurisdiction to adopt the LHMP into the Safety Element of the General Plan in order to be fully eligible for disaster relief funding under the California Disaster Assistance Act. The Planning Commission recommends the Board of Supervisors adopt a resolution amending the General Plan's Health and Safety Element to incorporate the most current LHMP. The LHMP is consulted when addressing known hazards to ensure general health and safety of people within Butte County. This action will also provide consistency with State regulations ensuring eligibility for disaster relief funding — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) 5.05 11:00 —Timed Item - Agreement Between the Groundwater Sustainability Agencies (GSA) in the Butte Subbasin for Implementation of the Sustainable Groundwater Management Act (SGMA) — On September 24, 2019, the Board of Supervisors considered an agreement between the GSA in the Butte Subbasin for implementation of SGMA. The Board directed staff to continue this item to a future date. SGMA provides local public agencies with land use, water management, or water supply the opportunity to be a GSA with the responsibility of developing and implementing Groundwater Sustainability Plans (GSP). GSPs must evaluate the sustainability of the basin and identify projects and actions that will be implemented to achieve sustainability over a 20 -year period. Each subbasin must be covered by one or more GSPs by January 30, 2022. SGMA allows for more than one GSP for each subbasin, subject to Coordination Agreements and other requirements. Butte County is a GSA in the Butte subbasin along with Glenn County, Colusa County, Reclamation District No. 1004, Reclamation District No. 2106, City of Gridley, City of Biggs, Butte Water District, Biggs West Gridley Water District, Richvale Irrigation District, and Western Canal Water District. The GSA managers developed a mutually acceptable agreement for the purpose of developing a single GSP for the Butte subbasin and other SGMA implementation requirements. The purpose of the agreement is to: 1) Develop, adopt, and implement a legally sufficient GSP in order to implement SGMA requirements and achieve the sustainability goals outlined in SGMA; 2) Cooperatively carry out the purposes of SGMA; 3) Coordinate subbasin-wide public involvement and stakeholder outreach and engagement in developing and implementing the Butte subbasin GSP; and 4) Maintain mutual respect for the autonomy of each agency and preserve each agency's legal authorities, powers, duties and rights as separate public agencies and GSAs. The agreement was considered for approval by each agency in September 2019. All of the other GSAs in the Butte subbasin have approved the agreement. The Department of Water and Resource Conservation recommends that the Board of Supervisors approve the agreement — action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation) 5.06 1:00 PM — Timed Item - 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 - NOVEMBER 5, 2019 5.07 1:30 PM - Timed Item - Introduction and Adoption of an Urgency Ordinance Amending Chapter 53 "Camp Fire Recovery" Amending the Private Tree Program to Permit Owners to Temporarily Retain and Utilize Felled Hazard Trees in a Fire Safe Manner - Pursuant to California Government Code sections 25123(d) and 25131, County Administration and County Counsel recommend the Board of Supervisors adopt an urgency ordinance regarding the removal of hazard trees related to the Camp Fire of 2018. The urgency ordinance would take effect immediately. The urgency ordinance amends the requirements of the Private Tree Program to allow property owners to temporarily retain and promptly utilize felled Hazard Trees. The owner is required to utilize the felled Hazard Trees prior to the Enforcing Officer's compliance inspection on the property. The owner is required to meet fire prevention requirements in retaining and utilizing the Hazard Trees, including maintaining setbacks and broadcasting wood chips to a depth of no greater than three inches. If an owner's retention and utilization of felled Hazard Trees constitutes a fire hazard, is it a public nuisance and may be abated using any available legal remedies. Owners may not receive felled trees from other properties, and any temporary retention and utilization of felled Hazard Trees are not Temporary Log Storage Yards (aka Log Decks) as described in Chapter 53 — action requested - 1) WAIVE THE FIRST READING OF THE ORDINANCE ENTITLED, "AN URGENCY ORDINANCE OF THE COUNTY OF BUTTE AMENDING SECTION 53-86 TO CHAPTER 53 ENTITLED, "CAMP FIRE RECOVERY," OF THE BUTTE COUNTY CODE"; AND 2) ADOPT URGENCY ORDINANCE AND AUTHORIZE CHAIR TO SIGN. (County Administration/ County Counsel) **ITEM 5.07 WAS INCLUDED ON THE SUPPLEMENTAL AGENDA RELEASED FRIDAY, NOVEMBER 1, 2019** Page 13 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - NOVEMBER 5, 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. 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, et al. v. Amerisourcebergen Drug Corporation, et al.; U.S. District Court — Northern District of Ohio, Eastern Division Case No.: 18 -op -45627; and B. Nancy Strong v. Butte County Department of Behavioral Health, DOES 1 through 100, inclusive; Butte County Superior Court Case No.: 18CV00067. 7.03 Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4): A. One potential case. 7.04 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6: Negotiators: Jack Hughes, Sheri Waters, and Meegan Jessee Employee Organizations: Teamsters - General Unit; Teamsters - Social Services Workers' Unit; Butte County Management Employees Association; Butte County Probation Peace Officers Association; Butte County Probation Peace Officers Association - Management Unit; Butte County Professional Employees' Association; Butte County Deputy Sheriff's Association - General Unit; Butte County Deputy Sheriff's Association - Management/Supervisory Unit; Butte County Correctional Officers Association - General Unit; Butte County Correctional Officers Association - Supervisory Unit; UPEC Local 792 - Skilled Trades Unit; Butte County Deputy District Attorneys Association - Attorney Unit; Confidential Unit; Non -Represented Unit; Board of Supervisors Executive Assistants Page 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