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HomeMy WebLinkAboutA021120-CA LI F0RN!!IA - SHARI MCCRACKEN CHIEF ADMINISTRATIVE OFFICER & CLERK OF THE BOARD 1. CALL TO ORDER BUTTE COUNTY BOARD OF SUPERVISORS REGULAR MEETING AGENDA FEBRUARY 11, 2020 9:00 Ann MEETING LOCATION BOARD OF SUPERVISORS CHAMBERS 25 COUNTY CENTER DRIVE, SUITE 205 OROVILLE, CALIFORNIA 95965-3380 Pledge of Allegiance Observation of a Moment of Silence 2. CORRECTIONS AND/OR CHANGES TO THE AGENDA 3. CONSENT AGENDA MEMBERS OF THE BOARD STEVE LAMBERT, CHAIR, DISTRICT 4 BILL CONNELLY, DISTRICT 1 DEBRA LUCERO, DISTRICT 2 TAMI RITTER, DISTRICT 3 DOUG TEETER, VICE CHAIR, DISTRICT 5 BRUCE ALPERT, COUNTY COUNSEL 3.01 Revenue Agreement Amendment with the State Department of Health Care Services (DHCS) for Drug Misuse Prevention and Resolution Approving the Amendment — On April 24, 2018, the Board of Supervisors approved grant funding from DHCS for the implementation of the Strategic Prevention Frameworks (SPF) Partnerships for Success (PFS) project. DHCS is now proposing to provide additional funding to the County to continue to create statewide media / education elements for the PFS grantees. This additional funding will allow the County to expand outreach and education on opioid abuse. The purpose of the SPF -PFS grant program is to prevent the onset and reduce the progression of substance abuse and its related problems, while strengthening prevention capacity and infrastructure at the community level. This program is designed to ensure that prevention strategies and messages reach the populations most impacted by substance abuse through motivational speakers and advertising. In the current fiscal year, the program has reached approximately 2,000 youth through in-person presentations, 35,000 individuals per month through billboard advertising, 659,000 individuals through movie theater advertising, 1,000 individuals through on-line digital impressions, and has aired more than 2,000 commercials. The Department of Behavioral Health recommends amending the revenue agreement with DHCS for the SPF PFS project. The amendment extends the term through Fiscal Year (FY) 2020-21, and increases the maximum revenue amount by $276,000, not -to -exceed $1,326,000. All other terms remain the same. The Department also recommends adoption of a resolution approving the agreement amendment, as is required by DHCS— action requested —1) APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) Page 1 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - FEBRUARY 11, 2020 3.02 Approval of Minutes for Board of Supervisors Regular Meeting — Submitted for approval are the minutes for the January 14, 2020, Board of Supervisors Regular Meeting — action requested — APPROVE THE JANUARY 14, 2020 BOARD OF SUPERVISORS REGULAR MEETING MINUTES AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.03 Budget Adjustment and Contract with EES Consulting, Inc. for Technical Assistance in Establishing the Butte Choice Energy Authority — 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 EES Consulting, Inc. to assist in providing technical assistance to BCEA. The term of the contract is January 1, 2020 through June 30, 2020, not -to -exceed $75,000. Additionally, the Department recommends the Board approve a budget adjustment of $75,000 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; AND 2) APPROVE BUDGET ADJUSTMENT FROM GENERAL FUND APPROPRIATION FOR CONTINGENCIES (4/5 VOTE REQUIRED). (County Administration) 3.04 Contract with RUSH Personnel Services for Temporary Clerical Assistance — On October 22, 2019, the Board of Supervisors adopted an urgency ordinance requiring property owners to remove hazardous trees burned by the Camp Fire from private property if they pose a threat to fall on public roads or improved public property. Property owners may enter the Government Hazard Tree Removal Program by completing a right -of -entry form or identify and remove trees on their own in compliance with the Private Program, which currently requires submission of an Inspection Access Form. The County opened collection centers and a document processing center for these enrollment forms staffed with extra help employees and temporary help workers to reduce the impact on existing County personnel. The County completed a request for proposal for temporary clerical assistance. Two responses were received and RUSH Personnel was selected due to cost and reputation. It is anticipated the center will be processing forms for up to one year. County Administration recommends entering into a contract with RUSH Personnel Services for temporary clerical assistance. The term of the contract is January 28, 2020 through December 31, 2020, not -to -exceed $425,000 — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.05 Annual Report Re2ardin2 Compliance with Continuing Disclosure Reauirements for Debt Issuances — The County must meet continuing disclosure requirements as specified in the documentation for long term financings. The 2004 Pension Obligation Bonds Series A and Series B (2004 POBs) require that specific disclosure documents be provided to the Trustee, Wells Fargo Bank, who must post the disclosure documents with the Municipal Securities Rulemaking Board (MSRB), via the Electronic Municipal Markets Access (EMMA) website, by a specified date. In addition, long term capital lease arrangements, such as the financings of the Hall of Records and the Bangor Fire Station and auto and equipment leases, require annual reporting of financial information directly to the lenders. For each financing, the County's Comprehensive Annual Financial Report (CAFR) for the previous fiscal year and the Adopted Budget for the current fiscal year are provided. The County has timely complied with all of the continuing disclosure requirements since the last annual report to the Board in February 2019 — action requested — ACCEPT FOR INFORMATION. (County Administration) Page 2 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - FEBRUARY 11, 2020 3.06 Agreement with California Department of Social Services (CDSS) to Provide Legal Consultation and Legal Representation — On January 1, 2017, CDSS required counties to enter into an agreement for the provision of legal consultation and representation with administrative appeals cases that involve the child welfare Resource Family Approval (RFA) program. The RFA program provides a unified, family -friendly, and child -centered approval to replace multiple processes for licensing foster homes and approving relatives and extended family members as foster care providers. The County and CDSS have identified certain legal services and activities to be provided by CDSS in order to expedite the delivery of RFA services to children and non -minor dependents who may reside in an approved resource family home. The Department of Employment and Social Services recommends entering into an agreement with CDSS for RFA legal services. The term of the agreement is July 1, 2019 through June 30, 2021. This is a no cost agreement for both parties — action requested — APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) 3.07 Budget Adjustment and Contract with Hignell, Inc., for 2018 Camp Fire Repairs to 747 Elliott Road, Paradise and 14164 Skyway, Magalia —The County building located at 747 Elliott Road in Paradise was damaged during the 2018 Camp Fire incident. Damage to the interior affected the space occupied by the District 5 Supervisor and the Assessor's Office. Damage to the exterior affected the entire building, including areas that are designated for Court use. Under the terms of the Joint Occupancy Agreement with the State for use by the Courts, the County is responsible for this repair. In addition, the Camp Fire incident also damaged the interior carpet of Fire Station #33, located at 14164 Skyway Road in Magalia. Following solicitation for services, the Department of General Services recommends entering into a contract with Chico -based Hignell, Incorporated (DBA Experts in Your Home) for repairs at both facilities. The term of the contract is 120 days from the notice to proceed, for a fixed price of $240,957. This expense is anticipated to be reimbursable under the County's insurance claim. The Department also recommends that the Board of Supervisors approve a budget adjustment of $175,000— action requested — 1) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); AND 2) APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 3.08 Contract with DMS, Discount Mail Service, Inc. for US Postal Mail Pickup and Processing — The Department of General Services conducted a Request for Proposals (RFP) for Countywide mail services consisting of picking up US postal mail from multiple county locations, weighing, metering, and sealing first class letters, flats, postcards, and oversized items of both standard and non-standard sizes for domestic or international mailings for delivery to the United States Postal Service for processing. DMS, Discount Mail Services, Inc. was the sole respondent to this RFP. The Department recommends entering into a contract with DMS, Discount Mail Services, Inc. for US postal mail pickup and processing. The term of the contract is one year from date of execution, not -to -exceed $357,000 — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 3.09 Contract with Lionakis for Architectural and En2ineerin2 Services for the Senate Bill (SB) 863 (Correctional Facilities: Construction) Jail Project —The County is shifting from the Design - Build project delivery method for the SB 863 Jail Project to the Design - Bid - Build project delivery method and now requires completion of final design and construction documents for the facility. Following solicitation for services, the Department of General Services received submittals from three organizations and the selection panel found Lionakis of Sacramento to best meet the needs of the County. The Department recommends entering into a contract with Lionakis to provide architectural and engineering services. The term of the contract is four years from the notice to proceed, with a fixed price of $3,287,750 — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (General Services and Sheriff's Office) Page 3 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - FEBRUARY 11, 2020 3.10 Resolution to Amend the Salary Ordinance —The Department of Human Resources recommends the Board of Supervisors adopt a resolution amending the Salary Ordinance for the following departments: AUDITOR -CONTROLLER: Flexibly staff 5 currently allocated Auditor -Accountant positions to include the classifications of Financial Analyst, Associate and Financial Analyst. This change will increase flexibility and better meet the needs of the Department. Total allocations to remain unchanged. There is no impact on the General Fund Budget. BEHAVIORAL HEALTH: Add 1 flexibly staffed Administrative Analyst position and delete vacant 0.8 full time equivalent (FTE) flexibly staffed Behavioral Health Clinician position. The addition of the Administrative Analyst position will allow for electronic health record implementation and better suit the needs of the Department. Total allocations to increase by 0.2 FTE. There is no impact on the General Fund Budget. CLERK -RECORDER: Add 1 flexibly staffed Information Systems Analyst position and delete 1 vacant Project Manager, Clerk-Recorder/Elections position. Add 1 Assistant County Clerk - Recorder and delete 1 Assistant County Clerk -Registrar of Voters position. to address organizational structure and operational needs of the Department. Delete 0.7 FTE vacant Archivist Records Analyst position. This change will better suit the current and future needs of the Department. Total allocations to decrease by 0.7 FTE. There is no impact on the General Fund Budget. LIBRARY: Add 1 Librarian position and delete 1 vacant flexibly staffed Library Assistant position. This change will better suit the current and future needs of the Department and will help the Department achieve its objective and goals as set in the new strategic plan. Total allocations to remain unchanged. There is no impact on the General Fund Budget. PUBLIC WORKS: Add 1 flexibly staffed Accounting Specialist position and delete 1 vacant flexibly staffed Accountant position. This change will better suit the needs of the Department and will result in a cost savings to the Road Fund. Delete 1 vacant flexibly staffed Contract Specialist position and 1 vacant Road Maintenance Worker, Lead position as a result of departmental promotions. Total allocations to decrease by 2. There is no impact on the General Fund Budget. SHERIFF'S OFFICE: Add 1 Public Safety Dispatcher position, add 1 Sheriff's Administrative Assistant, Senior and delete 1 vacant Sheriff's Warrant Officer position. Flexibly staff 1 Manager, Personnel Operations position to Personnel Operations Specialist. These changes will better meet the operational needs of the Department. Total allocations to increase by 1. There is no impact on the General Fund Budget. Action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) Page 4 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — FEBRUARY 11, 2020 3.11 Contract with Waste Tire Products for Tire Removal and Recycling Services at the Neal Road Recycling and Waste Facility (NRRWF) —The NRRWF has recycled source -separated tires since the 1990's and has worked with various tire removal and recycling contractors over the years. The NRRWF receives an average of 150 tires per month on -rims and an average of 300 tires per month off -rims. Tire sizes range from standard passenger tires, light truck tires, large truck tires, and tractor tires. Pursuant to the solid waste facility permit issued by Cal Recycle, the NRRWF is only allowed to store up to 500 tires on-site. On January 9, 2020, the Department of Public Works released a solicitation for the removal of waste tires from NRRWF to be transported to licensed permitted facilities for recycling and other reuse purposes. Two bids were received on January 23, 2020. Based upon their unit pricing for passenger and large truck tires, Waste Tire Products of Orland is the lowest responsible bidder. The Department recommends entering into a contract with Waste Tire Products for tire removal. The term of the contract is February 11, 2020 through February 11, 2023, not -to -exceed $120,000 — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.12 Contract Amendment with Dokken Engineering, Inc. (Dokken) for Right -of -Way Services Related to the Centerville Road 2017 Storm Damage Repair Project — On January 23, 2018, the Board of Supervisors approved a contract with Dokken of Sacramento for the development of contract plans, specifications, and estimate required to construct the Centerville Road 2017 Storm Damage Repair project along Butte Creek at a cost not -to -exceed $284,677. On December 21, 2018, the County executed a contract amendment with Dokken to secure right-of-way needs for the project. The amendment included property appraisals, right-of-way negotiations, and right- of-way certification prior to construction. The total cost for these services was $19,441. The right- of-way negotiations were prolonged and required an unforeseen amount of work that lead to the development of a Resolution of Necessity, a precursor to eminent domain. The cost for the additional amount of work performed by Dokken totals $38,682. The Department of Public Works recommends amending the contract with Dokken to increase the maximum payable amount by $38,682, not -to -exceed $342,800. All other terms remain the same — action requested — APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.13 Notice of Completion and Approval of Contract Change Order (CCO) for 2019 Erosion Protection Project at the Neal Road Recycling and Waste Facility (NRRWF) — On October 8, 2019, the Board of Supervisors awarded the 2019 Erosion Protection Project at the NRRWF to M. Roethler General Engineering of Butte Valley. The project was for erosion protection measures as required by the California Regional Water Quality Control Board following the placement of Camp Fire debris. The contract award amount was $382,007.50. CCO No. 1 provides for minor changes to match the actual installed quantities and settles miscellaneous extra work claims. The net change is an increase in the contract amount of $24,883.27. Total cost of work including the contract change order is $406,890.77. All contract work has been completed in accordance with the project plans and specifications — action requested — 1) APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ACCEPT THE CONTRACT WORK AS COMPLETE AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION. (Public Works) Page 5 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - FEBRUARY 11, 2020 3.14 Budget Adjustment and Contracts with Cinquini & Passarino, RIFE Engineers, and NorthStar for Professional Record of Survey Map Examiner and Municipal Land Surveying Services — Many parcels within the Camp Fire burn area do not have a boundary survey map of record. Rebuilding within the Town of Paradise requires these parcels have a boundary survey to formally establish lot lines to obtain a building permit from the Town. The property owners may need to submit a Record of Survey to clearly document the location of the property boundaries in accordance with the Professional Land Surveyor's Act. This Act requires review and approval by the County Surveyor. County staff estimate 3,000 parcels may require boundary surveys within the Town of Paradise, which exceeds staff capacity for review. The Department of Public Works solicited for qualified professional land surveyors, received seven statements of qualifications, and interviewed five firms to further evaluate qualifications. The Department brought these contracts to the Board of Supervisors on June 11, 2019, but due to costs to the General Fund the contracts were not approved. On July 23, 2019, the Board approved a short-term (90 day) contract with NorthStar, and since that time CalOES has determined the additional cost for external Record of Survey examination are eligible for State disaster reimbursement. The Department has since extended the term of the contract with NorthStar through February 24, 2020. The Department recommends contracting with Cinquini & Passarino, RIFE Engineers, and NorthStar for professional record of survey map examiner and municipal land surveying services. The term for each contract is three years from the notice to proceed, not -to -exceed $600,000 each. The Department collects user fees for Record of Survey reviews, but the hourly rate for contract services exceeds the user fee amount. The County received an advance from the State to cover the gap between the contract rates for the review and the user fee for the service. The Department recommends a budget adjustment to add $165,170 in expense appropriation for the contractor costs. The budget adjustment also includes revenue from user fees and the cash advance from the State — action requested — 1) APPROVE CONTRACTS (3) AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Public Works) 3.15 Butte County Public Law Library FY 2018-19 Annual Report — Pursuant to Business and Professions Code section 6349, the Butte County Law Library Trustees submits its FY 2018-19 annual report — action requested — ACCEPT FOR INFORMATION. (Other - Butte County Public Law Library) 3.16 Resolution Reco2nizin2 February 2020 as National Teen Dating Violence Prevention and Awareness Month —Catalyst Domestic Violence Services requests the Board of Supervisors adopt a resolution recognizing February 2020 as National Teen Dating Violence Prevention and Awareness Month — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Other - Catalyst Domestic Violence Services) 3.17 Lake Madrone Water District (District) 2020 Bylaws — At its November 23, 2019 Board of Directors regular meeting, the District unanimously adopted its 2020 bylaws. Pursuant to Water Code section 355305, in conjunction with a four-fifths vote of the Board of Directors, the Board of Supervisors shall approve amended bylaws. The District requests the Board of Supervisors approve its 2020 Bylaws of Lake Madrone Water District — action requested — APPROVE 2020 BYLAWS OF LAKE MADRONE WATER DISTRICT. (Other — Lake Madrone Water District) Page 6 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — FEBRUARY 11, 2020 4. REGULAR AGENDA 4.01 Boards, Commissions, and Committees (List available at http://www.buttecountV.net/clerkoftheboard/AppointmentsList.aspx) A. Appointments to Listed Vacancies 1. Appointment to the Housing Authority of the County of Butte (HACB) — HACB assists low and moderate income residents of Butte Countyto secure and maintain high quality affordable housing. Subsidized housing is provided to families, seniors, and disabled individuals whose income is between 50% and 80% of median area income. Funding for the various programs is provided by the U.S. Department of Housing and Urban Development and the USDA Rural Development. HACB is governed by a seven -member Board of Commissioners appointed by the Board of Supervisors. Five of the seven commissioners are appointed by the Board of Supervisors, with each Supervisor appointing one member. The Board of Supervisors also appoints two Tenant Commissioners, with one Tenant Commissioner being over the age of 62 -years -old. Currently all positions on the HACB are filled, with the exception of the District 2 Commissioner. Supervisor Lucero recommends appointing Tom Alden to the HACB as the District 2 Commissioner, with a term ending January 9, 2023 — action requested — APPOINT TOM ALDEN TO THE HOUSING AUTHORITY OF THE COUNTY OF BUTTE AS THE DISTRICT 2 COMMISSIONER, WITH A TERM ENDING JANUARY 9, 2023. (Supervisor Lucero, District 2) 2. Appointment to the Wyandotte Creek Groundwater Sustainability Agency (GSA) Board —The Wyandotte Creek GSA Board was established through the Wyandotte Creek Joint Powers Agreement executed on September 18, 2018. The Member Agencies include Butte County, the City of Oroville, and Thermalito Water and Sewer District. The Wyandotte Creek GSA Board is the exclusive agency responsible for implementing the provisions of the Sustainable Groundwater Management Act and specifically for developing and implementing the groundwater sustainability plan for the Wyandotte Creek subbasin. The Board of Supervisors appoints three primary and three alternate members to the Wyandotte Creek GSA Board: Two members of the Board of Supervisors (one primary, one alternate); Two Agricultural Stakeholder Directors (one primary, one alternate); and Two Domestic Well User Stakeholder Directors (one primary, one alternate). Currently, there are three vacancies on the Wyandotte Creek GSA: the alternate Domestic Well User Stakeholder Director, and both the primary and alternate Agricultural Stakeholder Directors. Kyle Daley submitted an application for appointment to the Wyandotte Creek GSA Board as the Primary Agricultural Stakeholder Director position with a term ending February 11, 2024. Mr. Daley meets the eligibility requirements for the position. Staff recommends that the Board of Supervisors appoint Mr. Daley to the Wyandotte Creek GSA Board — action requested — APPOINT KYLE DALEY TO THE WYANDOTTE CREEK GROUNDWATER SUSTAINABILITY AGENCY BOARD AS THE PRIMARY AGRICULTURAL STAKEHOLDER DIRECTOR POSITION WITH A TERM ENDING FEBRUARY 11, 2024. (Water and Resource Conservation) 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 7 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - FEBRUARY 11, 2020 4.02 Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer 4.03 General Plan and Zoning Amendment Update by the Director of Development Services 4.04 Employment Contract for Director - Behavioral Health — County Administration recommends entering into an employment contract with Scott Kennelly as the Director - Behavioral Health. The term of the contract is February 11, 2020 through February 10, 2023. The contract includes a proposed annual salary of $150,000, which represents a 2.3% increase from his current salary of $146,547 — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 4.05 Employment Contract for Director - General Services — County Administration recommends entering into a new employment contract with Grant Hunsicker, Director - General Services. The term of the contract is from May 14, 2020 through May 13, 2023. The proposed annual salary is $139,393, the same as his current salary. All other terms, provisions, and amendments to said contract shall remain in full force and effect — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN. (County Administration) 4.06 Letter of Support for Assembly Bill (AB) 1957 - Paradise Irrigation District (PID): Water Pipeline: Design -Build Process — Staff prepared a letter of support for AB 1957 at the request of Supervisor Teeter during the January 28, 2020 Board of Supervisors meeting. AB 1957 would allow PID to utilize the Design - Build project delivery process to assign contracts for the construction of a water conveyance pipeline from the Town of Paradise to the City of Chico, should PID move forward with this project. In a Design - Build process, a single entity could be hired to perform both the design and construction; versus in a design -bid -build process where separate contracts are required for design and construction —action requested —APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Supervisor Teeter, District 5) 5. PUBLIC HEARINGS AND TIMED ITEMS 5.01 9:45 AM — Public Hearing — Application for Outdoor Festival License for Wildflower Open Classroom — Wildflower Open Classroom has submitted an application for an Outdoor Festival License per Chapter 12, Article III. Outdoor Festivals. The festival is proposed for one day, Saturday, April 25, 2020, from 11:30 am to 8:30 pm. The applicant anticipates a total of 1,500 people including 200 volunteers. The festival site is located at 2500 Estes Road (the end of Estes Road), south and west of Chico (APN 039-410-032) with parking on APN 039-410-039. The festival is described as a family-oriented fundraiser for a public charter school featuring children's crafts and activities and several performances of amplified live music. Food will be provided by food trucks, volunteer -operated beverage booths, and a water station. The Department of Development Services completed an environmental review of the application and a site visit, and determined that since no permanent structures will be built, the project is categorically exempt from the California Environmental Quality Act, (CEQA) per Section 15304 (e) of the CEQA Guidelines - "Minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, etc." — action requested — FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(E) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVE THE APPLICATION FOR AN OUTDOOR FESTIVAL LICENSE (MISC20- 0003), SUBJECT TO THE RECOMMENDED CONDITIONS. (Development Services) Page 8 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - FEBRUARY 11, 2020 5.02 9:50 AM — Timed Item — Camp Fire Recovery A. Camp Fire Recovery Update — The Camp Fire burned the Town of Paradise, and the unincorporated communities of Berry Creek, Butte Creek Canyon, Butte Valley, Centerville, Concow, Magalia, Paradise Pines, Pulga, Yankee Hill, and surrounding areas within Butte County 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. Updates on the following areas of recovery will be provided: 1. The State will provide an update about the traffic management plan for the Government Hazard Tree Removal Program. 2. County staff will provide an update about the temporary housing units at the Tuscan Ridge base camp site. 3. State Department of Housing and Community Development staff will provide an update about the development of the State's 2018 Community Development Block Grant (CDBG) Disaster Recovery (DR) Action Plan. The 2018 DR allocation for California includes federally -declared disasters in Butte, Ventura, Los Angeles, Lake, and Shasta counties. The Action Plan is intended to address the unmet recovery needs in all these geographies. An 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) B. Comment Letter for California Tax Credit Allocation Committee (TCAC) about the Allocation of Tax Credits for 2017 and 2018 Disaster Areas — Congress passed a spending bill on December 19, 2019, which included nearly $1 billion in federal tax credits to incentivize the construction of low income housing. The intent was to get the credits to counties that suffered housing losses as a result of the 2017 and 2018 wildfires, which includes Butte, Lake, Los Angeles, Mendocino, Napa, Nevada, Orange, San Diego, Santa Barbara, Shasta, Sonoma, Ventura, and Yuba. The TCAC, which is housed at the State Treasurer's Office, allocates the credits and is comprised of the State Treasurer, Controller, Department of Finance, Department of Housing and Community Development, and the California Housing Finance Agency. TCAC is motivated to utilize the tax credits, which could result in them being issued for projects in large counties that have a greater number of affordable housing developers and more shovel -ready projects instead of being used in the counties where housing supply was most devastated by recent disasters. County Administration recommends the Board of Supervisors approve a comment letter recommending TCAC consider the housing loss from recent disasters and give preference for tax credits to the communities most impacted by the 2017 and 2018 wildfires — action requested — APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) C. Pacific Gas & Electric (PG&E) Update about Vegetation Management in the Camp Fire Area — PG&E has ongoing operations in the Camp Fire area to manage vegetation that may impact the safety of utility lines. Representatives from PG&E will provide the Board of Supervisors with a presentation about vegetation management activities in the Camp Fire area — action requested — ACCEPT FOR INFORMATION. (County Administration) Page 9 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - FEBRUARY 11, 2020 D. Introduction and Adoption of an Urgency Ordinance Amending Chapter 53 - "Camp Fire Recovery" Permit Residents in the Private Tree Program to Utilize an Arborist's/Forester's Certification to Demonstrate Compliance — Pursuant to California Government Code sections 25123(d) and 25131, County Administration and County Counsel recommend the adoption of an urgency ordinance regarding permitting residents with the ability to demonstrate compliance in the Private Tree Program through the execution of an Arborist's/Forester's Certification verifying the removal of hazard trees from a parcel. The urgency ordinance would take effect immediately — action requested — 1) WAIVE THE READING OF THE URGENCY ORDINANCE ENTITLED "AN URGENCY ORDINANCE OF THE COUNTY OF BUTTE AMENDING SECTIONS 53-82, 53-86 AND 53-88 OF CHAPTER 53, ENTITLED "CAMP FIRE RECOVERY," OF THE BUTTE COUNTY CODE TO PERMIT AN ARBORIST'S/FORESTER'S CERTIFICATION OF REMOVAL TO DEMONSTRATE COMPLIANCE IN THE PRIVATE TREE PROGRAM"; AND 2) ADOPT URGENCY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN (4/5 VOTE REQUIRED). (County Administration and County Counsel) 5.03 10:55 AM — Timed Item Resolution Amending Improvement Standards — The Department of Public Works establishes technical improvement standards that are used as a minimum criteria in the design of subdivisions and land development projects. Occasionally it is necessary to revise these standards to improve clarity, update for current design practices, and capture improvements in data. The recommended revisions update the rainfall values used in designing storm -water drainage systems to be consistent with data published by the National Oceanic and Atmospheric Administration (NOAA). The improvement standards are adopted by resolution pursuant to Butte County Code section 20-120 and were last amended by Resolution No. 06-149 on October 24, 2006. The current rainfall standards are based on a study prepared in 1988. NOAA data is more current and refined than the previous study. Using NOAA data will increase the minimum rainfall that engineers will need to consider when sizing infrastructure. This increase generally ranges from 30% to 60% depending on the location, frequency, and duration of precipitation events. Differences are greater in the upper foothill areas such as Magalia, which consistently receives higher intensity rainfall and where NOAA values are twice the current standard. Increases to the size of infrastructure based on the new rainfall values will vary significantly by location and site configuration. The Department presented the proposed change at the Developers Users Group meeting on November 20, 2019 and the group primarily asked about implementation and timing. The attendees concurred the new rainfall values provided more accurate, current data — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 5.04 11:05 AM — Timed Item — Rock Creek and Keefer Slough Watershed Flood Risk Discussion — On January 14, 2020, the Board of Supervisors considered an interim urgency ordinance to establish a temporary moratorium on issuance of building permits and land use approvals within the Rock Creek and Keefer Slough watershed area due to flood risk to parcels. The Board requested additional and clarifying information regarding development in recent years, the potential for new development, and ongoing efforts to address flood risk in the watershed. Staff will provide a presentation to the Board. The Department of Public Works requests direction regarding next steps for building permits and land use entitlements with the Rock Creek and Keefer Slough watershed — action requested — PROVIDE DIRECTION TO STAFF. (Public Works) 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 10 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - FEBRUARY 11, 2020 RECESS Recess as the Butte County Board of Supervisors and convene as the Butte County Public Facilities Financing Corporation. BUTTE COUNTY PUBLIC FACILITIES FINANCING CORPORATION AGENDA FEBRUARY 11, 2020 1. CALL TO ORDER 2. CONSENT AGENDA 2.01 Butte County Public Facilities Financing Corporation (Corporation) - Annual Meeting — The Corporation was formed on November 9, 1993. The Corporation is a nonprofit public benefit corporation organized under the Nonprofit Public Benefit Corporation Law of the State of California to provide financial assistance to the County, by acquiring, constructing, remodeling, rehabilitating, equipping, improving, and financing various public facilities, land, and equipment and by leasing certain facilities, land, and equipment for the use, benefit, and enjoyment of the public served by the County or any other purpose incidental thereto. The Board of Directors of the Corporation consists of the same individuals comprising the Board of Supervisors of Butte County. The Board of Directors must hold an annual meeting the same day as the first scheduled County Board of Supervisors meeting in February of each year to approve the Corporation Minutes from the prior year's meeting and transact other necessary business — action requested — APPROVE THE CORPORATION MINUTES OF THE FEBRUARY 12, 2019 MEETING. (County Administration) 3. REGULAR AGENDA (NO ITEMS) 4. PUBLIC COMMENT Comments to the Butte County Public Facilities Financing Corporation 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 Butte County Public Facilities Financing Corporation is prohibited from taking action on any item not listed on the agenda. 5. CLOSED SESSION (NO ITEMS) ADJOURNMENT Adjourn as the Butte County Public Facilities Financing Corporation and convene as the In -Home Supportive Services Public Authority Board. Page 11 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - FEBRUARY 11, 2020 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AGENDA FEBRUARY 11, 2020 1. CALL TO ORDER 2. CONSENT AGENDA 2.01 Contract with Pan American Life Insurance Group (PALIC) for Health Insurance Administrative Services — In FY 2015-16, the Butte County In -Home Supportive Services (IHSS) Public Authority entered into an agreement with PALIC for a Self -Funded Employee Benefits Plan for IHSS workers. PALIC and the IHSS Public Authority agreed to a three month waiting period for any claims that might be presented after the plan year ended. PALIC, after the agreed upon waiting period, closed the original self-funded account and issued a reimbursement of those funds to the IHSS Public Authority in the amount of $32,381 in July 2019. PALIC on September 24, 2019, contacted the IHSS Public Authority Board regarding an unexpected claim that PALIC would like the IHSS Public Authority to pay as agreed in the original agreement. The claim being presented to PALIC will require a new reimbursement account for payment purposes. PALIC is now anticipating the possibility of more late claims and requests to retain a reserve of $10,000 in a new account for possible future unanticipated claims. The Department of Employment and Social Services recommends entering into contract with PALIC to open a self-funded account to pay any unexpected late claims reimbursement requests. The term of the contract is February 11, 2020 through January 31, 2022, not -to -exceed $10,000 — action requested—APPROVE CONTRACT AND AUTHORIZE CHAIR TO SIGN. (Employment and Social Services) 3. REGULAR AGENDA (NO ITEMS) 4. PUBLIC COMMENT Comments to the In -Home Supportive Services Public Authority Board on issues and items not listed on the agenda. Presentations will be limited to three minutes. Please note that pursuant to California State law, the In -Home Supportive Services Public Authority Board is prohibited from taking action on any item not listed on the agenda. 5. CLOSED SESSION (To be held concurrently with the Board of Supervisors Closed Session) 5.01 Conference with Labor Negotiator Pursuant to Government Code Section 54957.6 Labor Negotiators: Shelby Boston, Brian Ring, Sheri Waters, and Jack Hughes Labor Organization: United Domestic Workers AnInIIRNMFNT Adjourn as the In -Home Supportive Services Public Authority Board and reconvene as the Butte County Board of Supervisors. Page 12 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - FEBRUARY 11, 2020 7. BOARD OF SUPERVISORS CLOSED SESSION (To be held concurrently with the In -Home Supportive Services Public Authority Board Closed Session) 7.01 Public Employee Employment, Appointment, Recruitment, Performance Evaluations, Including 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 Gov. Code Sec. 54956.9(d)(1): a. California Open Lands, a nonprofit land trust organization v. Butte County Department of Public Works, a political subdivision of the State of California, Dennis Schmidt, an individual, and Eric Miller, an individual; USDC - Eastern District of California Case No. 2:20 -CV -00123- 24 1 7.03 Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) a. one potential case 7.04 Conference with Labor Negotiator 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 13 Butte County Department Heads Agricultural Commissioner: Louie 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 14