HomeMy WebLinkAboutA092320Sp+ C A L V F 0 R N V A
SHARI MCCRACKEN
CHIEF ADMINISTRATIVE OFFICER &
CLERK OF THE BOARD
1. CALL TO ORDER
BUTTE COUNTY
BOARD OF SUPERVISORS
SPECIAL MEETING AGENDA
SEPTEMBER 23, 2020
9:00 AM
MEETING LOCATION
BOARD OF SUPERVISORS CHAMBERS
25 COUNTY CENTER DRIVE, SUITE 205
OROVILLE, CALIFORNIA 95965-3380
Pledge of Allegiance
Observation of a Moment of Silence
2. CORRECTIONS AND/OR CHANGES TO THE AGENDA
3. CONSENT AGENDA
MEMBERS OF THE BOARD
STEVE LAMBERT, CHAIR, DISTRICT 4
BILL CONNELLY, DISTRICT 1
DEBRA LUCERO, DISTRICT 2
TAM RITTER, DISTRICT
DOUG TEETER, VICE CHAIR, DISTRICT 5
BRUCE ALPERT, COUNTY COUNSEL
3.01 Resolution Waiving Bid Requirements, Award of Emergency Force Account Agreement, and
Budget Adjustment for Oro Quincy Emergency Guard Rail Repairs — As a result of the North
Complex Fire, the County maintained portion of Oro Quincy Highway between Oroville and
Plumas County sustained substantial damage to trees, guardrails, and signs. The County
maintained roadway extends from the Foreman Creek Recreation area to the Plumas County line
above Brush Creek. The Federal Disaster Declaration, FEMA DR 4548, makes the County eligible
to submit for reimbursement of this work to the Federal Highways Administration (FHWA) and
Caltrans under the FHWA Emergency Relief (ER) program. The ER program request was
submitted to Caltrans and is currently being processed. Caltrans acknowledges the need to make
these permanent repairs as soon as possible to provide safe passage for the utility providers that
are making repairs to the damaged infrastructure, as well as for the residents of Berry Creek,
Brush Creek, and Mountain House that are anxious to visit their homes as soon as immediate
evacuation orders are lifted. Caltrans authorized the County to proceed with the work prior to
final approval of an ER application. The Department of Public Works negotiated to have the work
performed by Apex Fence Company, as force account work through a Caltrans -approved
Emergency Force Account Agreement. The Engineers Estimate and contract amount for the
guard rail replacement work is $1,250,000 and is estimated to be completed within 30 working
days. Apex Fence Company is one of the few Contractors in the area that has almost all the
necessary guard rail parts already in inventory along with the crews and specialized equipment
necessary to install these improvements during the time -frame specified. Public Contract Code
22050 allows the Board of Supervisors to acknowledge the local emergency and find it necessary
to waive the bid requirements quickly repair the roadway and improve the safety for motorists.
The Department recommends the Board find it necessary to waive the bid requirement, approve
the contract with Apex Fence Company for 30 working day, not -to -exceed $1,250,000, and
approve a budget adjustment — action requested — 1) ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN (4/5 VOTE REQUIRED); 2) APPROVE THE BUDGET ADJUSTMENT (4/5 VOTE
REQUIRED); AND 3) APPROVE THE AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC
WORKS TO SIGN. (Public Works)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 23, 2020
3.02 Budget Adjustment and Cooperative Agreement with Butte County Resource Conservation
District (BCRCD) for North Complex Fire Sediment Control and Debris Flow Planning and
Implementation Support -The burn scar from the North Complex Fires is expected to significantly
increase rainfall runoff and debris flow potential due to the steep slopes, burn severity, and
erodible soils. This area of the County has a history of soil instability and landslides that have
created extensive damage to County roadways resulting in expensive rebuild efforts. Oro Quincy
Highway and French Creek Roads are of particular concern due to the topography and severity
of the burn in those corridors. Stabilization and protective measures are eligible expenses under
Federal Highway Administration's Emergency Relief (ER) program. The conditions in this area
are unique and technically challenging, and warrant retaining specialized services to assist the
County with the development and implementation of mitigation measures. The Department of
Public Works has worked with BCRCD on similar projects in the recent past, and BCRCD has the
technical expertise and experience to facilitate the effort. The Department recommends
entering into a cooperative agreement with BCRCD for roadside stabilization and protective
measures on Oro Quincy Highway and other applicable roadways within the Butte County North
Complex area. The term of the contract is September 23, 2020 for up to two Years, not -to -exceed
$500,000 — action requested - 1) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); AND
2) APPROVE COOPERATIVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
SIGN. (Public Works)
3.03 Budget Adjustment and Contract with TRC Engineers for Emergency On -Call Encroachment and
Construction Inspection Services - The Department of Public Works issued a Request for
Qualifications (RFQ) for encroachment and construction inspection services. Seven firms
responded with Qualification Statements that were reviewed, scored, and ranked by staff. The
Department negotiated a contract with two firms. The goal was to enter into multiple contracts
in order to quickly staff up and down as needed to support the contractors working for the
Government Hazard Tree Removal Program, as well as to provide emergency construction
inspection services for County infrastructure as needed in future emergencies. Work is now
needed to support recovery work related to the North Complex Fire. TRC Engineers of Lincoln
ranked highly during the department review and can provide a robust level of qualifications and
resources to support the Department. The contracts are on-call and work is requested as needed.
The term of the contract is upon execution to September 18, 2025, not -to -exceed $400,000. The
not -to -exceed amount is estimated to provide enough capacity to provide project management
and assist with tracking encroachment permits and the emergency tree removals associated with
the North Complex Fire as well as future emergency work as needed — action requested - 1)
APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); AND 2) APPROVE CONTRACT AND
AUTHORIZE THE CHAIR TO SIGN. (Public Works)
3.04 Authorization to Advertise and Award the Off -System Emergency Guardrail Repairs Due to the
North Complex Fires - As a result of the North Complex Fires, Bald Rock Road sustained damage
to about 500 linear feet of metal beam guard rail. Federal Disaster Declaration, FEMA 4558 DR
CA, makes Butte County eligible to submit for reimbursement of this work to the Federal
Emergency Management Agency (FEMA) Disaster Assistance Program. The Engineers Estimate
for the Off -System Emergency Guardrail Repairs, based upon the current fire footprint and
damage is $50,000. Additional roadways may be added, if the fire expands into other County
maintained roads. The Department of Public Works requests authorization to advertise for the
Off -System Guard Rail Repairs due to the North Complex Fires. Bald Rock Road is not eligible for
the Federal Emergency Relief program due to the official classification as "Off -System" — action
requested - AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE THE PROJECT AND
EXECUTE ANY NECESSARY CONTRACTS. (Public Works)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 23, 2020
4. REGULAR AGENDA
4.01 Introduction and Adoption of an Urgency Ordinance Specifying Requirements for the Removal
of Fire Damaged Debris from Affected Property — Pursuant to California Government Code
sections 25123(d) and 25131, the Department of Public Health recommends the Board of
Supervisors adopt an urgency ordinance regarding debris removal related to the 2020 North
Complex West Zone Fire. Upon adoption, the urgency ordinance will take effect immediately.
The urgency ordinance addresses the need of debris removal from private property to address
the potential for widespread toxic exposures and threats to public and environmental health in
the aftermath of the 2020 North Complex West Zone Fire. Debris and ash from residential and
commercial structure fires can contain hazardous substances, and the health effects of
hazardous substances released after a wildfire are well-documented. The urgency ordinance
prohibits the moving or removal of debris until a hazardous materials inspection has been
performed and authorized. In addition, if a violation of the ordinance creates an emergency
condition which seriously endangers the public's health or safety, the County may abate the
condition within the unincorporated territory of the County of Butte. The urgency ordinance
expands current enforcement efforts that are limited to proof of public nuisance. The urgency
ordinance shall remain in effect from the date of adoption until the completion of debris removal
or unless modified by the Board — action requested — 1) WAIVE THE FIRST READING OF THE
ORDINANCE ENTITLED, "AN URGENCY ORDINANCE ADDING CHAPTER 54, "NORTH COMPLEX FIRE
RECOVERY CODE" AND AMENDING SECTIONS 1-7, 41-1, 41-4 AND 41-5 OF THE BUTTE COUNTY
CODE"; AND 2) ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Public Health)
4.02 Items Removed from the Consent Agenda for Board Consideration and Action
5. BOARD OF SUPERVISORS PUBLIC COMMENT
Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five
minutes. Please note that pursuant to California State law, the Board of Supervisors is prohibited from
taking action on any item not listed on the agenda.
6. BOARD OF SUPERVISORS CLOSED SESSION
6.01 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
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Butte County
Department Heads
Agricultural
Commissioner:
Louie Mendoza
Assessor*:
Diane Brown
Auditor -Controller*:
Graciela Gutierrez
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:
John Messina
General Services:
Grant Hunsicker
Human Resources:
Sheri Waters
Interim Information
Systems:
Josh Kincheloe
Library:
Narinder Sufi
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
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