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HomeMy WebLinkAboutA121719ASHARI MCCRACKEN CHIEF ADMINISTRATIVE OFFICER & CLERK OF THE BOARD 1. CALL TO ORDER BUTTE COUNTY BOARD OF SUPERVISORS REGULAR MEETING AGENDA DECEMBER 17, 2019 9:00 AM MEETING LOCATION BOARD OF SUPERVISORS CHAMBERS Pledge of Allegiance Observation of a Moment of Silence 2. CORRECTIONS AND/OR CHANGES TO THE 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. CONSENT AGENDA 3.01 Budget Adiustment and Resolution to Amend Salary Ordinance - Mental Health Services Act (MHSA) Innovation Project Expansion — In November of 2004, California voters passed Proposition 63 creating MHSA, which implemented an additional income tax on California residents making more than $1 million per year. The revenue is distributed to counties in order to accomplish an enhanced system of care for mental health services. One component of MHSA is Innovation. The Mental Health Services Oversight Accountability Commission (MHSOAC) controls funding approval for all Innovation Projects. Innovation is defined as a project that the County designs and implements for a defined time period and evaluates to develop new best practices in mental health services and supports. On February 27, 2018, the Board of Supervisors approved the Physician Committed Innovation Project (Project). On May 25, 2018, the Project was approved by the MHSOAC. The Project is staffed by County employees who partner with local physicians to standardize the processes and protocol used for screening adolescents for mental health and substance use issues. The need for the Project has grown since the Camp Fire. On September 18, 2019, the Behavioral Health Board recommended an expansion of the Project, and on October 8, 2019, the Board of Supervisors approved the expansion proposal be submitted to the MHSOAC. The MHSOAC approved the proposed expansion, which adds two Behavioral Health Specialists to provide the needed mental health interventions and one Behavioral Health Clinician for mental health assessments to youth within Butte County — action requested — 1) ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Behavioral Health) Page 1 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - DECEMBER 17, 2019 3.02 Revised Mental Health Services Act (MHSA) Program and Expenditure Plan for Fiscal Year (FY) 2019-20 — In November of 2004, California voters passed Proposition 63 creating MHSA, which implemented an additional income tax on California residents making more than $1 million per year. In 2005, the Department of Behavioral Health began the community input process through meetings, focus groups, public surveys, and work groups to identify the community needs and develop program/service plans for the County. The County is required to update its MHSA Program and Expenditure Plans annually. The revised MHSA Program and Expenditure Plan for FY 2019-20 is the result of the collaboration of the Department's administrative team, the Behavioral Health Board, and an extensive community input process. The original plan was approved by the Board on June 25, 2019, and did not include updated fiscal information due to the Camp Fire. The Plan has since been revised to include all current information — action requested — APPROVE THE REVISED MHSA PROGRAM AND EXPENDITURE PLAN FOR FY 2019-20. (Behavioral Health) 3.03 Resolution Recognizing Myles L. Pustejovsky, Jr. Upon His Retirement — County Clerk- Recorder/Registrar of Voters recommends the Board of Supervisors adopt a resolution acknowledging Myles L. Pustejovsky, Jr., Clerk -Recorder Division Manager, on the occasion of his retirement effective December 28, 2019, after 25 years of service — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Clerk Recorder/ Registrar of Voters) 3.04 Agreement with Butte County Superior Court for Dispute Resolution Program —The Butte County Superior Court collects funds for the Dispute Resolution Program through a portion of court filing fees. By law, these funds are received by the County and are to be used to provide dispute resolution services at the Court. The Court contracts with Cal Northern School of Law to provide these services, and the County provides the Court the funding for the program. County Administration recommends entering into an agreement with the Butte County Superior Court for the Dispute Resolution Program, funded by a dedicated portion of court filing fees. The term of the agreement is January 1, 2020 through December 31, 2020, not -to -exceed $45,383 — action requested — APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.05 Contract with OpenGov, Inc. for Web -Based Financial Reporting— In November 2015, the County issued a Request for Proposal for an online solution to make County financial data more accessible to staff and the public. Following review and scoring by a panel consisting of staff from General Services, Information Systems, County Administration, and the Auditor -Controller's Office, OpenGov, Inc. was selected to present County financial data online. On December 6, 2016, the Board of Supervisors approved a three-year contract with OpenGov, Inc. for the set- up and subscription of a cloud -based solution which presents current and prior year budget versus actual expenditure and revenue data in an easy to use and interactive fashion. County Administration recommends entering into a new two-year contract with OpenGov, Inc. at the current subscription rate of $29,000 per year, not -to -exceed $58,000. The term of the contract is December 6, 2019 through December 5, 2021. All other terms and conditions remain the same — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) Page 2 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - DECEMBER 17, 2019 3.06 Agreement Amendment with Abbott & Kindermann, Inc. for Legal Services — The County Counsel's Office contracts with Abbott & Kindermann, Inc. for legal services related to land use and litigation. The contract is amended periodically to reflect updated rates. This amendment updates the rate schedule effective December 21, 2019 as follows: William W. Abbott $430/hr Senior Counsel $390/hr Associate III $275/hr Associate I $200/hr Planner I $110/hr Paralegal $100/hr Law Clerk I $60/hr Diane G. Kindermann $430/hr Associate IV $330/hr Associate II $225/hr Planner II $150/hr Paralegal II $150/hr Law Clerk II $110/hr Staff Researcher $65/hr All other terms and conditions remain the same — action requested — APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (County Counsel) 3.07 Distribution of Excess Proceeds from the Sale of Tax Defaulted Property — From June 15 through June 18, 2018, the Treasurer -Tax Collector held a tax sale of 46 tax defaulted properties as required by California Revenue and Taxation Code, section 3691 et. seq. After payment of all taxes, penalties, assessments, and costs of sale, the purchase price of some of the properties generated excess proceeds. Revenue and Taxation Code section 4674 permits any remaining excess proceeds to be claimed by parties of interest in the property. In turn, Revenue and Taxation Code section 4675 sets out the priorities for distribution of the claimed excess proceeds. The Treasurer -Tax Collector's Office received claims on 14 of the 46 parcels sold. The Treasurer - Tax Collector's Office requested that County Counsel evaluate the claims received. County Counsel's review and recommendations regarding the claims are included in the staff report. Pursuant to Revenue and Taxation Code section 4675, the Board of Supervisors may order distribution of the excess proceeds as recommended — action requested — 1) ADOPT RECOMMENDATIONS OF THE COUNTY COUNSEL REGARDING DISTRIBUTION OF EXCESS PROCEEDS FROM THE SALE OF TAX DEFAULTED PROPERTY; AND 2) ORDER DISTRIBUTION PURSUANT TO REVENUE AND TAXATION CODE SECTION 4675. (County Counsel) 3.08 Resolution Recognizing Tim SneIIings Upon his Retirement from Butte County—The Department of Development Services recommends the Board of Supervisors adopt a resolution recognizing Tim Snellings, Development Services Director, on the occasion of his retirement on December 27, 2019, after 35 years of public service including 14 years in Butte County — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) 3.09 Contract Amendment with TRB and Associates, Inc. for Building Services — The Department of Development Services contracts with TRB and Associates of San Ramon, as well as two other firms, for building services including, but not limited to structural and non-structural plan review and on-site building inspections. The County contracted with TRB and Associated on April 28, 2015. The contract was amended three times to extend the term and increase the not -to -exceed amount of the contract. The Department recommends amending the contract because of increased permit activity. The amendment increases the contract amount by $300,000 for a new, not -to -exceed amount of $800,000. All other terms and conditions remain the same — action requested — APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) Page 3 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - DECEMBER 17, 2019 3.10 Land Conservation (Williamson) Act Contract with Chandon Ranch, L.P. for a Parcel on Chandon Avenue—The Williamson Act Advisory Committee recommends entering into a contract to enroll approximately 156 acres owned by Chandon Ranch, L.P. in the Williamson Act. The property consists of one parcel (APN 024-210-010) located between the east side of Levee Road and the west bank of the Feather River in Gridley, approximately 7 miles south of Oroville. The parcel will be enrolled in the Williamson Act under a contract for orchard production. The application meets all requirements of the Williamson Act program. The Williamson Act Advisory Committee reviewed the application (LCA18-0011) on November 4, 2019, and recommended enrollment of the property subject to the applicant's payment of any outstanding fees. The making of Williamson Act contracts is exempt from review under the California Environmental Quality Act per Categorical Exemption 15317 Open Space Contracts or Easements — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) 3.11 Land Conservation (Williamson) Act Contracts with JEM Farms, L.P. for Parcels on Jem Road — The Williamson Act Advisory Committee recommends entering into two contracts to enroll approximately 1,651 acres owned byJEM Farms, L.P. in the Williamson Act. The property consists of two parcels, Parcel I (APNs 024-240-008, 024-240-030, and 024-250-033) and Parcel III (APN 024-240-059), located between the west side of State Route 70 and the east bank of the Feather River approximately 7 miles south of Oroville. The parcels will be enrolled in the Williamson Act under two contracts for orchard production. The application meets all requirements of the Williamson Act program for Parcel I and III. The Williamson Act Advisory Committee reviewed the application (LCA18-0010) on November 4, 2019, and recommended enrollment of the property subject to the applicant's payment of any outstanding fees, and that any dwellings on Parcel 1, in addition to the primary dwelling, be properly permitted, demolished or decommissioned as dwellings. The Williamson Act Advisory Committee does not recommend enrollment of a third parcel, Parcel IV (APN 024-240-057) at this time. The making of Williamson Act contracts is exempt from review under the California Environmental Quality Act per Categorical Exemption 15317 Open Space Contracts or Easements—action requested —APPROVE CONTRACTS (2) AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) 3.12 Land Conservation (Williamson) Act Contract with Gerald and Beverly Jones for a Parcel on Oregon Gulch Road — The Williamson Act Advisory Committee recommends entering into a contract to enroll approximately 450 acres owned by Gerald and Beverly Jones, Trustees of the GD and BD Jones Trust in the Williamson Act. The property consists of one parcel (APNs 041-290- 117 and 041-290-051) located on Oregon Gulch Road approximately 2 miles north of the City of Oroville. The parcel will be enrolled in the Williamson Act under a contract for dry land grazing. The applicant meets all requirements of the Williamson Act program. The Williamson Act Advisory Committee reviewed the application (LCA19-0017) on November 4, 2019, and recommended enrollment of the property subject to the applicant's payment of any outstanding fees. The Williamson Act Advisory Committee does not recommend enrollment of two other parcels (APNs 041-690-015 [40 acres] and 041-690-016 [20 acres]), because the parcels do not meet the minimum size standards of 160 acres for dry land grazing under the County's Williamson Act Rules. The making of Williamson Act contracts is exempt from review under the California Environmental Quality Act per Categorical Exemption 15317 Open Space Contracts or Easements — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) Page 4 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - DECEMBER 17, 2019 3.13 Land Conservation (Williamson) Act Contract with John Konyn, Jacob Konyn and Others for a Parcel on Holland Avenue — The Williamson Act Advisory Committee recommends enrolling approximately 51 acres owned by John Konyn, Jacob Konyn and others in the Williamson Act. The property consists of one parcel (APN 039-460-025) located on Holland Avenue adjacent to the south side of the community of Durham, approximately a quarter mile south of Durham - Dayton Highway. The parcel will be enrolled in the Williamson Act under a contract for orchard production. The applicant meets all requirements of the Williamson Act program. The Williamson Act Advisory Committee reviewed the application (LCA19-0001) on June 3, 2019, and recommended enrollment of the property subject to the applicant's payment of any outstanding fees. The making of Williamson Act contracts is exempt from review under the California Environmental Quality Act per Categorical Exemption 15317 Open Space Contracts or Easements — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) 3.14 Land Conservation (Williamson) Act Contract with Louis and Marci McPherrin forTwo Parcels on Aguas Frias Road — The Williamson Act Advisory Committee recommends enrolling approximately 1,203 acres owned by Louis and Marci McPherrin, Trustees of the Louis and Marci McPherrin Revocable Trust, in the Williamson Act. The property consists of two parcels (APNs 022-020-014, 029-060-004, and 029-060-007) located on Aguas Frias Road approximately 8 miles northwest of the City of Biggs. The parcels would be enrolled in the Williamson Act under a contract for rice production. The application meets all requirements of the Williamson Act program. The Williamson Act Advisory Committee reviewed the application (LCA19-0010) on November 4, 2019, and recommended enrollment of the property subject to the applicant's payment of any outstanding fees. The making of Williamson Act contracts is exempt from review under the California Environmental Quality Act per Categorical Exemption 15317 Open Space Contracts or Easements — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) 3.15 Land Conservation (Williamson) Act Contracts with Pacific Realty Associates L.P. for Three Parcels on Grape Way, Oak Park Drive, and near River Road — The Williamson Act Advisory Committee recommends enrolling approximately 382 acres owned by Pacific Realty Associates L.P. in the Williamson Act. The property consists of three non-contiguous parcels (APNs 039-580-034, 039- 530-005, and 039-550-070) located between one and four and a half miles west/southwest of the City of Chico. The parcels will be enrolled in the Williamson Act under three contracts for orchard production. The application meets all requirements of the Williamson Act program. The Williamson Act Advisory Committee reviewed the application (LCA19-0007) on September 9, 2019, and recommended enrollment of the property subject to the applicant's payment of any outstanding fees. The making of Williamson Act contracts is exempt from review under the California Environmental Quality Act per Categorical Exemption 15317 Open Space Contracts or Easements — action requested —APPROVE CONTRACTS (3) AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) Page 5 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - DECEMBER 17, 2019 3.16 Land Conservation (Williamson) Act Contract with Proverbs 13:22a LLC for a Parcel on Richvale Highway — The Williamson Act Advisory Committee recommends enrolling approximately 288 acres owned by Proverbs 13:22a LLC in the Williamson Act. The property consists of one parcel (APN 029-090-045) located on the north side of Richvale Highway approximately 12 miles west of Oroville. The parcel will be enrolled in the Williamson Act under a contract for rice production. The application meets all requirements of the Williamson Act program. The Williamson Act Advisory Committee reviewed the application (LCA19-0013) on November 4, 2019, and recommended enrollment of the property subject to the applicant's payment of any outstanding fees. The making of Williamson Act contracts is exempt from review under the California Environmental Quality Act per Categorical Exemption 15317 Open Space Contracts or Easements — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) 3.17 Land Conservation (Williamson) Act Contract with Joel and Melissa Slick and Kevin Sullivan for a Parcel on Hamilton -Nord -Cana Highway—The Williamson Act Advisory Committee recommends enrolling approximately 39 acres owned by Joel and Melissa Slick and Kevin Sullivan in the Williamson Act. The property consists of one parcel (APN 047-100-169) located on the west side of Hamilton -Nord -Cana Highway, approximately four and a half miles northwest of the City of Chico. The parcel would be enrolled in the Williamson Act under a contract for orchard production. The application meets all requirements of the Williamson Act program. The Williamson Act Advisory Committee reviewed the application (LCA19-0013) on November 4, 2019, and recommended enrollment of the property subject to the applicant's payment of any outstanding fees. The making of Williamson Act contracts is exempt from review under the California Environmental Quality Act per Categorical Exemption 15317 Open Space Contracts or Easements — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) 3.18 Budget Adjustment and Resolution to Amend Salary Ordinance - Additional State Allocations — Each year, the Department of Employment and Social Services prepares a budget for its various programs based on anticipated funding allocations from the State. Since the State funding allocations are not finalized until after the Board approves the Recommended Budget, a budget adjustment is often required during a fiscal year. For FY 2019-20, the Department received additional allocations totaling $2,495,488 for programs including: California Work Opportunity and Responsibility to Kids (CalWORKS), CalWORKS Housing Support Program, CalWORKS Home Visiting Program, Mental Health/Substance Abuse, Expanded Subsidized Employment, Resource Family Approval Program, Foster Parent Recruitment, Retention and Support Program, Child and Family Team Program, and Emergency Child Care Bridge Program. The budget adjustment allows the Department to add three new positions and to provide additional services. The new positons include two flexibly staffed Administrative Analysts and one Employment and Eligibility Specialist — action requested — 1) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services). 3.19 Contract Amendment with Armed Guard Private Security, Inc. for Security Services — The Department of Employment and Social Services recommends amending the contract with Armed Guard Private Security, Inc. for security services for Department facilities in Chico, Paradise, and Oroville. The amendment extends the term of the contract by six months through June 30, 2020, adds additional services and increases the maximum payable amount by $170,000, not -to - exceed $530,000. All other terms remain the same — action requested — APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) Page 6 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - DECEMBER 17, 2019 3.20 Capital Asset Surplus of a Vibrating Roller, Garden Tractor, and Two Zero Turn Mowers — The Department of General Services acquired a Beuthling B300 vibrating roller in 1986, a Kubota GA900 Garden Tractor in 1997, and two GRA zero turn mowers in 2005. All are no longer working properly, not serviceable, and no longer needed by the Department. The Department recommends these items be removed from the capital asset ledger and declared surplus to the needs of the County — action requested — DECLARE CAPITAL ASSETS (4) SURPLUS TO THE NEEDS OF THE COUNTY. (General Services) 3.21 Contract with Nichols, Melburg & Rossetto, Inc. for Pre -Design and Schematic Design Services for the new Probation Building—The main Probation Department administrative facility, in Oroville, is physically and functionally obsolete with a higher cost to repair than to construct a new facility. The design phases and construction phase of a new Probation facility, to be located in the Public Safety section of the Oroville government campus, is included in the FY 2019-20 Capital Improvement Plan. Following solicitation for services, the Department of General Services recommends entering into a contract with Nichols, Melburg & Rossetto, Inc. of Chico for programming, pre -design and schematic design services. The term of the contract is notice to proceed through June 30, 2020, fixed cost of $234,000. This is the first phase of the project and the Department will return to the Board of Supervisors to consider contracting for the design development and final construction drawing phase of the project — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 3.22 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: COUNTY ADMINISTRATION: Add 1 sunset Deputy Chief Administrative Officer -Economic & Community Development (to end March 30, 2023) position. County Administration requests the addition of this position to meet the needs of the Department after the Camp Fire. The Department submitted an application to the Economic Development Administration to fund the position for three years, and the position will only be filled if the grant application is awarded. Total allocations to increase by one. The addition of the position will require a budget adjustment, which the Department will bring to the Board for consideration if the grant application is funded. CLERK -RECORDER'S OFFICE: Add 1 Archivist Records Analyst position, which will replace an existing 0.7 Archivist Records Analyst position in which the incumbent is retiring. Once vacant, the 0.7 Archivist Records Analyst position will be deleted. Delete 1 vacant Clerk- Recorder/Registrar of Voters Supervisor position which is no longer needed. These changes better suit the needs of the department. Total allocations remain unchanged. There is no impact on the General Fund Budget. BEHAVIORAL HEALTH: Add 1 flexibly staffed Behavioral Health Clinician position, 1 Senior Administrative Analyst position; and delete 0.8 flexibly staffed Behavioral Health Clinician position. The full time Clinician position will support the Quality Management functions of the Department tied to new requirements under the Federal Managed Care Final Rule. The Senior Administrative Analyst position will implement and support electronic health records. Total allocations to increase by 1.2. Funding for these positions has been identified within the Budget and there is no impact on the General Fund Budget. Page 7 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - DECEMBER 17, 2019 DEVELOPMENT SERVICES: Add 1 term Plan Check Engineer position (to end December 31, 2022). Addition of a new term position is required to process the additional volume of fire re -build construction. Without the addition of this allocation, contract labor would be required with a significant increase in plan check turnaround time for the public. Total allocations to increase by one. The Department has appropriations in the Budget to fund the position. There is no additional impact on the General Fund Budget. EMPLOYMENT AND SOCIAL SERVICES: Add 2 flexibly staffed Administrative Analyst positions and 1 Financial Analyst position. These positions will better suit the operational needs of the Department and provide for better efficiencies and workflow. The Financial Analyst position is needed to work on the more complex and difficult financial analysis. Internal recruitments will be conducted to fill these positions and the resulting vacant position will be deleted at a future Board meeting. Total allocations to temporarily increase by three. There is no impact on the General Fund Budget. GENERAL SERVICES: Flexibly staff 1 Administrative Assistant position to include Senior Office Specialist. This change will allow better flexibility in staffing to meet the needs of the Department. Total allocations to remain unchanged. There is no impact on the General Fund Budget. HUMAN RESOURCES: Amend Section 28A of the Salary Ordinance No. 4149 of the County of Butte entitled "Butte County Correctional Officers' Association -General Unit" by adding Class Code 6836 Correctional Technician I Range 30, Correctional Technician II Range 32, and Correctional Technician III Range 35 and deleting Class Code 6826 Correctional Technician Range 30. The applicable employee group has agreed to these changes. Amend Section 28K of the Salary Ordinance No. 4149 of the County of Butte entitled "Probation Peace Officers' Association -Management Unit Classifications" by adding Class Code 5503 Juvenile Hall Superintendent Range 61, and deleting Class Code 5505 Chief Deputy Probation Officer Range 66. The applicable employee group has agreed to these changes. PUBLIC HEALTH: Add 1 Public Health Program Manager position. After review of the duties and tasks required to be completed, the Department believes that the addition of a Public Health Program Manager will better suit the needs of the Department. An internal promotional recruitment will be conducted in order to fill the new position and the vacancy deleted at a future Board meeting. Total allocations to temporarily increase by one. There is no impact on the General Fund Budget. PUBLIC WORKS: Add 1 sunset Lead Road Maintenance Worker, position (to end December 31, 2020). Public Works currently is facilitating two Dislocated Worker grant operations resulting from the Camp Fire, one with Alliance for Workforce Development and the other with Northern California Indian Council. Both of these operations require Public Works to provide supervision of grant participants. The Department requests the sunset allocation to manage one of these operations. Total allocations to increase by one. The expense for the position is included in the Budget for the Road Fund There is no impact on the General Fund Budget. Page 8 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - DECEMBER 17, 2019 PROBATION DEPARTMENT: Add 1 Juvenile Hall Superintendent position and 1 Juvenile Hall Counselor Supervisor position. Over the last several months an analysis of departmental needs was conducted. The Department recommends a reorganization that would allow for greater efficiency of operations to better meet the needs of the Department. Departmental recruitments will be conducted to fill these positions resulting in two vacancies that will be deleted at a subsequent Board meeting. Total allocations to temporarily increase by two. There is no impact on the General Fund Budget. SHERIFF'S OFFICE: Flexibly staff 69 Correctional Deputy positions to include Correctional Deputy Trainee. Flexibly staff 66 Deputy Sheriff positions to include Deputy Sheriff Trainee. Flexibly staff 5 Deputy Sheriff/Correctional Deputy positions to include Deputy Sheriff Trainee and Correctional Deputy Trainee. Add 22 flexibly staffed Correctional Technician 1/11/III and delete 22 Correctional Technician positions. In order to better meet operational needs, the Sheriff's Office is requesting all currently allocated Correctional Deputy and Deputy Sheriff positions be flexibly staffed to the Trainee level. A Correctional Technician series has been created to better suit the current and future needs of the Sheriff's Office. The request is to flexibly staff all current allocation of Correctional Technician to align with the new series. 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) 3.23 Resolution Establishing Updated Rules for the Administration of the Merit System and Personnel Program that Includes New Classifications within the Employee Promotional Process —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. The Department recommends the Personnel Rules be updated to include the addition of Correctional Technician I and Correctional Technician II to Appendix I "Employee Promotional Process" (EPA) Personnel Rule 6.131 -Promotions within Classification Series. The Sheriff's Office recognizes the need to differentiate higher responsibility, technical skill level and lead work that is required within this classification. These proposed changes will allow advancement opportunity and greater retention of employees currently in the Correctional Technician position. The classifications entitled Telecommunications Specialist and Senior Telecommunication Specialist are being removed from Appendix I as these positions are no longer allocated to any Department. The proposed changes have been reviewed and approved by all labor groups — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) Page 9 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - DECEMBER 17, 2019 3.24 Resolution to Amend the Salary Ordinance - Minimum Wage Impacts — Effective January 1, 2020, the California State Minimum Wage will increase to $13/hour. The County has five job classifications that are currently below the new Minimum Wage. To be in compliance with the new law, the Department recommends increasing the following classifications to a range that is at or above the new Minimum Wage: Janitor, Landfill Maintenance Worker, Office Specialist, Cook, and Sheriff's Clerk I. In addition, to avoid having the Lead Janitor classification have the same pay range as the Janitor with this change, the Department recommends increasing the Lead Janitor classification. The Department also requests the following: 1) Delete the Courier classification from the Salary Ordinance as the Department of General Services no longer has an operational need for that classification; 2) Change the Flat Rate pay for the Disaster Recovery Worker -Extra Help from "$12.00/HR-$25.00/HR" to "the California State Minimum Wage- $25.00/HR;" and 3) Change the Behavioral Health Peer Advocate from "the California State Minimum Wage-$12.00/HR" to "the California State Minimum Wage—action requested —ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.25 Budget Adjustment and Resolution to Amend Salary Ordinance - Tobacco Education Program — The Department of Public Health recommends adding a term, flexibly staffed Public Health Education Specialist to the Tobacco Education Program within the Department (to end on June 30, 2021). The new position will assist in meeting the objectives of the two grants that fund the Tobacco Education Program. Objectives of the Tobacco Education Program include: working towards licensing policies that restrict the sale and distribution of flavored tobacco products; working with jurisdictions to improve the health of residents by adopting a policy designating 100% of individual units in market -rate multi -unit housing complexes as smoke-free; and addressing tobacco related health disparities through recruiting new representatives for the Butte County Tobacco Prevention Coalition from diverse and priority populations. The California Department of Public Health (CDPH) provides funding to local agencies for tobacco education from Proposition 99 (Tobacco Tax and Health Promotion Act of 1988) and Proposition 56 (Cigarette Tax to Fund Healthcare, Tobacco Use Prevention, Research and Law Enforcement). CDPH allows the use of unspent funds to be carried over from year to year during the grant period. Through a grant budget revision, CDPH has approved the use of previously unspent funds to cover the costs associated with the addition of a new position within the program — action requested — 1) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Health) 3.26 Medi -Cal Managed Care Program Participating Physician Agreement with Anthem Blue Cross for Public Health Clinics — The Department of Public Health recommends entering into a Medi -Cal Managed Care Program Participating Physician Agreement with Anthem Blue Cross for the Public Health Clinics. In order to provide services to the Managed Medi -Cal population, such as reproductive health services, sexually transmitted disease treatments, immunizations, tuberculosis tests, pre-employment physicals, and others, the Department must be a contracted provider. As a contracted provider, the Department has the ability to provide services in a timely fashion as most services do not require prior authorization from Anthem Blue Cross. The agreement also allows the Department the opportunity to expand services in the future to assist in meeting the needs of Butte County residents—action requested —APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Health) Page 10 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - DECEMBER 17, 2019 3.27 Budget Adjustment and Reimbursement Request for County Service Area (CSA) 183 - Rare Earth Estates — CSA 183 is located in north Chico off Garner Lane, and includes 13 parcels. The CSA provides fire protection, street lights, and storm drainage. The fire protection system incurs utility costs. Historically the utility costs were paid directly by the Home Owners Association (HOA), because the utility bill was originally placed in the HOA name at the time the subdivision was developed. Earlier this summer, a pressure switch failed on the fire protection system and the pump ran continuously, which resulted in high utility costs. Unfortunately, the discrepancy was not noted by the HOA for almost three months,. There was a resulting $8,906.72 in unexpected utility costs. The typical utility costs for the fire protection system are less than $100 per month. The HOA requests CSA 183 reimburse the HOA for the utility costs in the amount of $8,906.72, and take over the PG&E bill so all future payments may be made by CSA 183 in accordance with the CSA's authorities. The Department of Public Works recommends the Board of Supervisors authorize the payment to the HOA and approve a budget adjustment for the payment and the ongoing cost of the utility bills for FY 2019-20. CSA 183 fund balance will be used for the expenses — action requested — 1) AUTHORIZE PAYMENT TO THE RARE EARTH ESTATES HOA IN THE AMOUNT OF $8,906.72; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Public Works) 3.28 Contract Change Order (CCO) and Notice of Completion (NOC) for Ophir Road Full Depth Reclamation with Cement Treatment (FDR -C) Rehabilitation Project — On August 27, 2019, the Board of Supervisors awarded the Ophir Road FDR -C Rehabilitation Project to Knife River Construction of Chico. The project included slurry sealing the westerly 230 feet of Ophir Road at Lincoln Boulevard; pulverizing the remainder of the roadway easterly to Lower Wyandotte Road; replacing the asphalt concrete surfacing, shoulder backing, traffic loops; and installing pedestrian ramps, thermoplastic striping, and reflective pavement markers. This section of roadway is 1.25 centerline miles in length, and the contract award amount was $1,118,341. CCO No. 1 modifies the engineer's estimate, settles miscellaneous extra work claims, and provides for payment credit based upon the contractor's approved mix design. Additionally, the Contractor proposed eliminating the pre-pulvization process, which saved time, minimized fugitive dust during construction, and reduced the impact on local traffic. CCO No. 1 is a decrease to the contract of $64,801. Total cost of work including the contract change order is $1,053,540 for a completed reconstruction price of about $843,000 per mile. All contract work has been completed in accordance with the project plans and specifications — action requested — 1) RATIFY CCO NO. 1; AND 2) ACCEPT THE CONTRACT WORK AS COMPLETE AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION. (Public Works) 3.29 Contract Change Order (CCO) and Notice of Completion for Upper Centerville Road Storm Damage Repair Project — On August 13, 2019, the Board of Supervisors awarded the Upper Centerville Road Storm Damage Repair Project to Knife River Construction of Chico. The project included clearing and grubbing, traffic control, removal of failed embankment, construction of a new roadway embankment, placement of storm drain facilities, and regrading of the gravel roadway. The contract award amount was $377,777. CCO No. 1 provides for minor changes to match the actual installed quantities at the contract unit prices for various line items in the contract. The net change of CCO No. 1 is a decrease in the contract amount in the amount of $1,622.50. Total cost of work including CCO No. 1 is $376,154.50. All contract work has been completed in accordance with the project plans and specifications—action requested —1) RATIFY CCO NO. 1; AND 2) ACCEPTTHE CONTRACT WORK AS COMPLETE AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION. (Public Works) Page 11 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - DECEMBER 17, 2019 3.30 Notice of Completion for Cohasset Road Dig Outs — On September 6, 2019, Lamon Construction Company, Inc. of Yuba City was awarded the Cohasset Road Dig Out project in the amount of $99,241.30. The project included traffic control and quarter foot deep asphalt concrete dig outs, on Cohasset Road, from Keefer Road to Mud Creek Road. This work is being done in preparation for planned resurfacing work during the summer of 2020. This contract was within the Director's purchasing authority, so it did not come to the Board of Supervisors for approval. All contract work has been completed in accordance with the project plans, specifications and field markings provided by staff — action requested — ACCEPT THE CONTRACT WORK AS COMPLETE AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION. (Public Works) 3.31 Resolution Authorizing the Execution of Program Supplement Agreement with the State Department of Transportation (Caltrans) for the Oro Bangor Highway Road Rehabilitation Project — 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 Highway Administration (FHWA). The Master Agreement is necessary to incorporate and conform to changes in State and federal statutes, regulations, and policies. A resolution authorizing the Director of the Department of Public Works to sign Program Supplement Agreements is required for each project. The Department recently received a Program Supplement Agreement for the Emergency Response Rehabilitation Project ER-36PO(009) along Oro Bangor Highway from Miner's Ranch Road to the community of Bangor at the intersection of La Porte Road. This project will include full depth reconstruction where necessary and asphalt overlays and other treatments as appropriate to stabilize the roadway to produce a long term stable and safe driving surface for motorists. The estimated cost of the project is $3,856,409. The project is funded by the FHWA Emergency Response Program with a local match requirement of $433,957, which is paid from the road fund — ACTION REQUESTED —ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.32 Resolution Authorizing the Execution of the Program Supplement Agreement with the State Department of Transportation (Caltrans) for the Cohasset Metal Beam Guard Rail (MBGR) Upgrade Project — 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 Highway Administration. This Master Agreement is necessary to incorporate and conform to changes in State and federal statutes, regulations, and policies. A resolution authorizing the Director of the Department of Public Works to sign Program Supplement Agreements is required for each project. The Department of Public Works recently received a Program Supplement Agreement for the Highway Safety Improvement Project (HSIP) - HSIPL-5912 (114) - Cohasset MBGR Upgrade Project. This project will upgrade and replace all metal beam guard rail along Cohasset Road from Nicalog Road up to Jack Rabbit Flat Road. The project will upgrade end treatments, raise the rails to standard height, and install new metal posts and other changes necessary to comply with current standards. The estimated cost of the project is $100,000 and 100% of the costs are paid by the HSIP. — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) Page 12 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — DECEMBER 17, 2019 3.33 Authorization to Advertise and Bid Construction of the Henan Lane Full Depth Reclamation with Cement Treatment (FDR -C) Project — The Hegan Lane FDR -C Project will provide for reconstruction of 2.4 miles of roadway from the Union Pacific Railroad tracks westerly to Dayton Road. This project has been in the Department of Public Works' annual Work Program for several years, and SBI funding is now available to allow construction to move forward. The plans and specifications are available for review at the Public Works' Office at 7 County Center Drive in Oroville. The project will rebuild the roadway foundation by pulverizing the existing asphalt and adding in 3-4% of dry cement to strengthen the road's foundation, replace all the asphalt concrete pavement surfacing, replaced failed and substandard storm drainage facilities, and install new striping and driveway aprons. The roadway currently has a Pavement Condition Index score of 23 out of 100. For this roadway, rehabilitation using full depth reclamation with cement treatment is the best option to provide the improved load carrying capacity necessary to support the current traffic loads. The engineer's estimate for construction is $1,900,000. The total project cost is estimated to be $2,200,000 which includes construction, construction engineering, and contingencies. This project will be funded primarily with SBI funding. The Department recommends the Board of Supervisors approve the plans and specifications and authorize the Department to advertise and solicit bids for the construction of the Hegan Lane FDR -C Project — action requested — 1) AUTHORIZE THE PROJECT; 2) APPROVE THE PLANS AND SPECIFICATIONS; 3) AUTHORIZE THE CHAIR TO SIGN THE PLANS; AND 4) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE AND SOLICIT BIDS FOR THE CONSTRUCTION OF THE PROJECT. (Public Works) 3.34 Contract with 123 Engineering Inc. for Construction Administration Services for the Midway Bridge Replacement Project —The Department of Public Works will be constructing a new 1,404 foot long highway bridge on the Midway over the next three years. The new bridge will span both Butte Creek and the Butte Creek overflow channel, and will replace two existing bridges originally constructed in 1915 and 1918. This project will construct the new bridge on the existing alignment. Once construction begins, the bridge will close to all vehicular and pedestrian/bicycle traffic until the new bridge is complete. Every step of the construction process must be carefully documented and quality control ensured to provide for the safest structure possible for the traveling public. The Department solicited for firms and assembled a selection committee to interview three firms with the necessary expertise to provide construction administration services for the project. The firm 123 Engineering Inc. of West Sacramento was selected. The Department recommends entering into a contract with 123 Engineering Inc. for construction administration services. The term of the contract is three years from the notice to proceed, not -to -exceed $1,234,263—action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.35 Resolution Recognizing Jerry Jones Upon his Retirement —The Sheriff's Office recommends that the Board of Supervisors adopt a resolution recognizing Jerry Jones on the occasion of his retirement on December 27, 2019 after 29 years of service to Butte County — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff -Coroner) Page 13 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - DECEMBER 17, 2019 3.36 Budget Adjustment and Grant Agreement with the Board of State and Community Corrections (BSCC) for Mental Health Training — BSCC has awarded $25,380 in grant funds to the Sheriff's Office through the Edward Byrne Memorial Justice Assistance Grant Program for local corrections agencies as part of a Statewide mental health training initiative. Funding is distributed on a per capita basis and will be used to provide corrections staff with mental health related training including, but not limited to, recognizing signs and symptoms of mental illness, stigma and bias, and trauma informed care. The Sheriff's Office recommends entering into a grant agreement with BSCC to receive grant funding. The term of the agreement is May 1, 2019 through September 30, 2020, not -to -exceed $25,380 — action requested — 1) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Sheriff -Coroner) 3.37 Contract Amendment with California Forensic Medical Group (CFMG) for Medical Services - The Sheriff's Office and the Probation Department have a contract with CFMG for provision of medical services in the Jail and Juvenile Hall that is scheduled to expire on January 13, 2020. A request for proposal for Medical Services was recently completed and the only respondent was CFMG. The Sheriff's Office and the Probation Department recommend extending the term of the existing contract with CFMG to allow sufficient time to finalize the new contract. The amendment extends the term of the contract by seven weeks through February 29, 2020, and increases the amount of the contract by $579,363.26. All other terms remain the same — action requested — APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff- Coroner/Probation) 3.38 Agreement with the Franchise Tax Board for Court -Ordered Debt (FTB-COD) Program — The Treasurer -Tax Collector's Office contracts with the Butte County Superior Court to collect delinquent court fines, of which the County retains a share. The Central Collections Division of the Treasurer -Tax Collector's Office administers the program at no cost to the County General Fund. The Treasurer -Tax Collector's Office utilizes numerous collections tools to recover the delinquent court fines, including the FTB-COD Program. The FTB-COD Program pursues wage garnishments and bank account levies and is often utilized when the Treasurer -Tax Collector's Office has exhausted its efforts to locate and secure payment from debtors. The FTB-COD Program deducts an administrative fee of 15% from the debt collected. Although the agreement does not require Board approval, the FTB-COD Program requires that the County submit a resolution, minute order, or ordinance approved by the local governing body to enter into the agreement. A minute order from the Clerk of the Board will meet the requirement — action requested — APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF GENERAL SERVICES TO SIGN. (Treasurer -Tax Collector) 3.39 Membership Composition of the Local Planning Council (LPC) — The Butte County Office of Education submits its annual request for Board of Supervisors' certification of the composition of the LPC membership pursuant to Education Code section 8499.3 — action requested — APPROVE MEMBERSHIP COMPOSITION OF THE LPC AND AUTHORIZE THE CHAIR TO SIGN THE CERTIFICATION STATEMENT. (Other — Butte County Office of Education) Page 14 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — DECEMBER 17, 2019 4. REGULAR AGENDA 4.01 Boards, Commissions, and Committees (List available at _http://www.buttecounty.net/clerkofthe boa rd/AppointmentsList.aspx) A. Appointments to Listed Vacancies Appointments to the 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 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; one member of the Board of Supervisors; one law enforcement representative; one youth representative; and up to six community members. The BHB Board recommends the Board of Supervisors appoint David Andrek as a Consumer Member, with a term ending December 31, 2021; Curt Brinson as a Consumer Member, with a term ending December 31, 2020; and Kyle Horst as a Community Member, with a term ending December 31, 2021 — action requested — 1) APPOINT DAVID ANDREK TO THE BHB AS A CONSUMER MEMBER, WITH A TERM ENDING DECEMBER 31,2021; 2) APPOINT CURT BRINSON TO THE BHB ASA CONSUMER MEMBER, WITH ATERM ENDING DECEMBER 31,2020; AND 3) APPOINT KYLE HORSTTO THE BHB AS A COMMUNITY MEMBER, WITH A TERM ENDING DECEMBER 31, 2021. (Behavioral Health) 2. Rearmointments to the In -Home Surmortive Services Advisory Committee (Committee —The Committee was established in 2000 by Resolution No. 00-161, for the purpose of providing recommendations to the Board of Supervisors on the preferred mode or modes of services to be utilized for in-home supportive services. The Committee consists of 11 members composed of a combination of in-home supportive services recipients, providers, community/agency members, and/or County staff. The Committee recommends the Board reappoint Domenic Console as a Provider Representative, with a term ending December 31, 2023; Sarah Okumbe as a Provider Representative, with a term ending December 31, 2023; and Mariann Ramirez as the County Representative, with a term ending December 31, 2023 — action requested — 1) REAPPOINT DOMENIC CONSOLE TO THE IN-HOME SUPPORTIVE SERVICES ADVISORY COMMITTEE AS A PROVIDER REPRESENTATIVE WITH A TERM ENDING DECEMBER 31, 2023; 2) REAPPOINT SARAH OKUMBE TO THE IN-HOME SUPPORTIVE SERVICES ADVISORY COMMITTEE AS A PROVIDER REPRESENTATIVE WITH A TERM ENDING DECEMBER 31, 2023; AND 3) REAPPOINT MARIANN RAMIREZ TO THE IN-HOME SUPPORTIVE SERVICES ADVISORY COMMITTEE AS THE COUNTY REPRESENTATIVE WITH A TERM ENDING DECEMBER 31, 2023. (Employment and Social Services) Page 15 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - DECEMBER 17, 2019 3. Appointments to the Butte Subbasin Advisory Board — On November 5, 2019, the Butte County Board of Supervisors entered into a cooperation agreement with Groundwater Sustainability Agencies (GSAs) in the Butte subbasin, which includes the Biggs West - Gridley Water District, Butte Water District, City of Biggs, City of Gridley, County of Butte, Colusa Groundwater Authority, County of Glenn, Reclamation District No 1004, Reclamation District No. 2106, Richvale Irrigation District, and Western Canal Water District. The agreement established the Advisory Board, which consists of one Member Director and one Alternate Member Director from each of the GSAs, with the Member Director being a member of the governing body of the GSA, and the Alternate Member Director being either a member of the governing body of the GSA or a designee. Appointments to the Advisory Board shall be for a term of four years, with an opportunity for reappointment. The purpose of the Advisory Board is to establish: 1) A GSA cooperation forum of Member Directors; 2) Publicly noticed meetings and processes pursuant the Ralph M. Brown Act for public involvement in Groundwater Sustainability Plans (GSP) development and implementation in the Basin; 3) A mechanism whereby Members raise, and attempt in good faith to resolve, disputes that may occur between and among Members pursuant Article 9.2 of the Agreement; and 4) A mechanism to make advisory recommendations to the Members concerning development and implementation of the GSP — action requested - 1) APPOINT ONE MEMBER FROM THE BOARD OF SUPERVISORS TO THE BUTTE SUBBASIN ADVISORY BOARD AS THE MEMBER DIRECTOR, WITH ATERM ENDING DECEMBER 16,2023; AND 2) APPOINT EITHER ONE MEMBER FROM THE BOARD OF SUPERVISORS OR A DESIGNEE TO THE BUTTE SUBBASIN ADVISORY BOARD AS THE ALTERNATE MEMBER DIRECTOR, WITH A TERM ENDING DECEMBER 16, 2023. (Water and Resource Conservation) 4. Reappointments to the Durham Mosquito Abatement District (District)—The District was formed pursuant to Health and Safety Code section 2000 et seq. to create a broad statutory authority for a class of special districts with the power to conduct effective programs for the surveillance, prevention, abatement, and control of mosquitoes and other vectors. The District's Board of Trustees consists of five members appointed by the Board of Supervisors to establish and implement policies for the operations of the district. The term of office for a member of the Board of Trustees shall be for a term of two or four years, at the discretion of the appointing authority. The District requests the Board of Supervisors reappoint the following Trustees to a four year term: John Azevedo, who has served as Trustee since 2002; Dave Jessen, who has served as Trustee since 2013; and Lance Smith, who has served as Trustee since 2009 — action requested - 1) REAPPOINT JOHN AZEVEDO TO THE DURHAM MOSQUITO ABATEMENT DISTRICT AS A TRUSTEE WITH A TERM ENDING DECEMBER 31, 2023; 2) REAPPOINT DAVE JESSEN TO THE DURHAM MOSQUITO ABATEMENT DISTRICT AS A TRUSTEE WITH A TERM ENDING DECEMBER 31, 2023; AND 3) REAPPOINT LANCE SMITH TO THE DURHAM MOSQUITO ABATEMENT DISTRICT AS ATRUSTEE WITH ATERM ENDING DECEMBER 31, 2023. (Other — Durham Mosquito Abatement District) Page 16 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — DECEMBER 17, 2019 5. Reappointment to the Oroville Cemetery District (District) — The District is an independent special district of the State of California, formed under Health & Safety Code, by approval of the Butte County Board of Supervisors in 1928 to provide a respectful, low-cost place of burial to meet the needs of the diverse, local communities of Oroville, Palermo, Thermalito, and surrounding areas. The District owns and maintains the following cemeteries: Jewish Cemetery, Memorial Park Cemetery, Oroville Cemetery, and Wyandotte Cemetery. The District is managed by five trustees appointed by the Board of Supervisors, who serve four-year terms. On March 26, 2019, the Board of Supervisors appointed Jill Broderson to fill an unscheduled vacancy with a term ending January 1, 2020. The District requests the Board of Supervisors reappoint Jill Broderson as Trustee to the District, with a term ending January 1, 2024 — action requested — REAPPOINT JILL BRODERSON AS TRUSTEE TO THE OROVILLE CEMETERY DISTRICT, WITH A TERM ENDING JANUARY 1, 2024. (Other — Durham Mosquito Abatement District) 6. Appointment to the Kimshew Cemetery District (District) -The District is an independent special district of the State of California, formed under Health & Safety Code, by approval of the Butte County Board of Supervisors in 1952 to provide a respectful, low-cost place of burial to meet the needs of the diverse, local communities of Magalia, Stirling City, Nimshew, and Coutolenc. The District owns and maintains four active cemeteries and various inactive pioneer and historic cemeteries. The District is managed by five trustees appointed by the Board of Supervisors, who serve four-year terms. Supervisor Teeter recommends the Board of Supervisors appoint Leslie Dunn as Trustee to the District, with a term ending July 31, 2020 — action requested - APPOINT LESLIE DUNN TO THE KIMSHEW CEMETERY DISTRICT AS TRUSTEE, WITH A TERM ENDING JULY 31, 2020. (Supervisor Teeter) **THIS ITEM WAS INCLUDED ON THE SUPPLEMENTAL AGENDA RELEASED ON FRIDAY, DECEMBER 13, 2019** 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) Page 17 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — DECEMBER 17, 2019 4.02 Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer A. Letter to the Governor Requesting the State Assume Responsibility of Funding the In Home Supportive Services (IHSS) Program and Labor Negotiations with IHSS Providers — California counties have been given responsibility, but no discretion over this entitlement program. The State determines who is eligible and what level of services is appropriate for each IHSS recipient. Counties are simply agents performing a State mandate. The mandate would be feasible if funding was sufficient to cover counties' share of costs, which it is not in Butte County. Butte County's ability to meet the various MOE requirements of State programs fluctuates from year to year, and history has proven that there have been many years where the County used significant local resources to meet the requirements. The current model of county -by -county wage and benefit negotiations for IHSS workers might make sense if all counties are resourced the same — but that is not the case. The Coordinated Care Initiative, which was enacted in 2012 and eliminated in 2017, allowed for a single set of negotiations instead of 57 costly and time consuming negotiations. Under a State coordinated system, the State could decide what a fair and appropriate wage for IHSS providers is, possibly on a regional basis, and be responsible for any cost increases resulting from labor negotiations. This would bring uniformity and fairness to all IHSS providers in the State and allow counties to continue to do what they do best, which is to administer eligibility of entitlement programs with allocations provided by the State. The letter to the Governor, at the request of Supervisors Connelly and Ritter, encourages the State to assume complete funding of the IHSS program and take responsibility of labor negotiations with IHSS providers — action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (County Administration — On Behalf of Supervisors Connelly and Ritter) 4.03 Update on State Legislation Pertaining to Accessory Dwelling Units — The Department of Development Services will be providing an informational update concerning several chaptered bills that will become effective on January 1, 2020. These bills include Assembly Bills (AB) 68 (Ting), AB 881 (Bloom), AB 670 (Friedman), AB 587 (Friedman), and AB 671 (Friedman). Extensive updates to the Butte County Zoning Ordinance pertaining to Second Dwellings and Accessory Dwelling Units (Section 24-172) will be required to comply with this new legislation. The Department recommends the Board of Supervisors provide direction to initiate amendments to the Zoning Ordinance in order to comply with State Accessory Dwelling Unit Law — action requested — PROVIDE DIRECTION TO STAFF. (Development Services) 4.04 Introduction and Adoption of an Urgency Ordinance Extending the Transitory Period as Defined In Sections 53-33 and 53-53 of Chapter 53, entitled "Camp Fire Recovery," of the Butte County Code from December 31, 2019 to July 31, 2020 - Pursuant to California Constitution Article XI, Section 7 and Government Code sections 25123(d) and 25131, the Department of Development Services proposes the adoption of an urgency ordinance which amends Chapter 53, Articles III and IV. These amendments would extend the transitory period as defined in sections 53-33 and 53-53 of Chapter 53 of Butte County Code during which recreational vehicles do not need to meet the water, sewage disposal, and electricity hookup standards. The urgency ordinance would extend the end of the transitory period from December 31, 2019 to July 31, 2020. The Urgency Ordinance will take effect immediately upon a four-fifths approval of the Board of Supervisors — action requested — 1) WAIVE THE READING OF THE ORDINANCE ENTITLED AN URGENCY ORDINANCE OF THE COUNTY OF BUTTE EXTENDING THE TRANSITORY PERIOD AS DEFINED IN SECTIONS 53-33 AND 53-53 OF CHAPTER 53, ENTITLED "CAMP FIRE RECOVERY" OF THE BUTTE COUNTY CODE; AND 2) ADOPT URGENCY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN (4/5 VOTE REQUIRED). (Development Services) Page 18 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - DECEMBER 17, 2019 4.05 Items Removed from the Consent Agenda for Board Consideration and Action 5. PUBLIC HEARINGS AND TIMED ITEMS 5.01 9:25 am — Timed Item — Annual Update of Activities of the Sutter Butte Flood Control Agency SBFCA — Each year SBFCA staff provide an update to the Board of Supervisors on the agency's accomplishments and activities. This year, SBFCA achieved significant progress on the Feather River West Levee Project and is currently working on other projects and improvements within the County — action requested —ACCEPT FOR INFORMATION. (Public Works) 5.02 9:40 AM — 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, haps://buttecountyrecovers.org/butte-county-weekly-recovery- statistics, on Monday prior to the Board Meeting — action requested - ACCEPT FOR INFORMATION. (County Administration) 5.03 10:00 AM — Public Hearing - Resolution Changing the Road Name of Merkley Court to Yoon Kouei Court in Palermo Area — Pursuant to Butte County Code section 32-6, the Butte County Address Coordinator has received a petition with five proposed names, and the signatures of all property owners served by Merkley Court requesting to change the name to Yoon Kouei Court. Merkley Court is a private road located on the south side of Palermo Road, east of Lone Tree Road and west of Falcon Drive. On November 19, 2019, the Board of Supervisors adopted a Resolution of Intent to change the name of Merkley Court to Yoon Kouei Court and setting the time and date for the public hearing. Public notice has been posted in three places along the affected road at least ten days prior to the hearing. The petitioners' preferred road name has been reviewed by the Department of Public Works and does not conflict with, duplicate or sound like any existing road names in the County. Section 32-6 specifies, "At the time set for the hearing or at any time to which the hearing may be continued, the board shall hear and consider proposals to change the name of such road and upon adoption of the change thereof, shall make a resolution officially designating the name for said road; thereafter, such road shall be known by the name so designated." If approved, the applicants will be required to pay the Department of Public Works for the cost of making and installing a new road name sign — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) Page 19 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - DECEMBER 17, 2019 5.04 1:00 PM — Timed Item — Water Policy Workshop — Butte County has enacted water resource policies and programs over the past two decades. A significant policy foundation was established in 1996 through a voter -approved initiative, which established Chapter 33 of the Butte County Code, Groundwater Conservation. In 2010, the Board of Supervisors adopted the Butte County General Plan 2030 including an optional Water Resource Element. The Water Resource Element includes the County's water resource policies, programs, and intended future actions. Since the adoption of General Plan 2030, water resource issues in the County have been affected by periods of severe drought, climate change, implementation of the Sustainable Groundwater Management Act, and water supply impacts from disasters, such as the Camp Fire. Staff will provide the Board of Supervisors with a presentation on adopted water policies and actions as well as water supply challenges. The topics that the workshop will cover include the following: 1. Introduction 2. Policy Foundation 3. County Activities 4. Local Water Supply Challenges 5. Public Comment 6. Policy Discussion and Direction to Staff Action requested — PROVIDE DIRECTION TO STAFF. (Water and Resource Conservation) 5.05 11:00 AM —Timed Item - 2020 State and Federal Legislative Platform Discussion - Each year, the Board of Supervisors considers and adopts platforms establishing priorities with regard to State and federal legislation and regulation. These platforms provide a basis for advocacy throughout the year. The draft 2020 platforms were prepared in consultation with department heads, input from Board members and assistance from the County's State and federal consultants. The draft platforms continue to address issues such as public safety, health and human services, water, public infrastructure, local government finances, and general government. Staff also continue to work separately on legislative matters directly related to the Camp Fire. Paul Yoder of Shaw/Yoder/Antwih/Schmelzer and Lange will discuss the State platform and provide updates regarding current legislative activities at the State level. Kristi More of The Ferguson Group will discuss the federal platform and legislative activities at the federal level. Final State and federal platform documents will be brought back before the Board in January for consideration based on direction provided to staff — action requested — PROVIDE DIRECTION TO STAFF. (County Administration) **THIS ITEM WAS INCLUDED ON THE SUPPLEMENTAL AGENDA RELEASED ON FRIDAY, DECEMBER 13, 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 three 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. Page 20 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - DECEMBER 17, 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; 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 Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2): 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 21 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: Paula Daneluk 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 22