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HomeMy WebLinkAboutA102720« CALIFORNIA ANDY PICKETT CHIEF ADMINISTRATIVE OFFICER & CLERK OF THE BOARD 1. CALL TO ORDER BUTTE COUNTY BOARD OF SUPERVISORS REGULAR MEETING AGENDA OCTOBER 27, 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 TAMI RITTER, DISTRICT 3 DOUG TEETER, VICE CHAIR, DISTRICT 5 BRUCE ALPERT, COUNTY COUNSEL 3.01 Budget Adjustment and Agreement with Chico State Enterprises (Foundation) for the Passages Older Adult Response Program —The Foundation is a private, nonprofit corporation that serves as an auxiliary of the California State University, Chico. Passages, a program supported by the Foundation, provides information and support services to older adults and their family care givers experiencing significant emotional disturbances or serious mental illness. The Department of Behavioral Health was recently awarded a Substance Abuse and Mental Health Services Administration (SAMHSA) Disaster Relief Grant to serve the older adults (age 60 and over) affected by the Camp Fire. Passages will operate the Older Adult Disaster Response program seeking to serve older adults who are at risk, interested in learning about, exposed to, or are experiencing significant emotional disturbances/serious mental illness and/or substance use. The program aims to significantly increase access to integrated mental health, substance abuse disorder, and medical services to the older adult population throughout the County. The collaboration seeks to enhance current outreach teams utilizing staff specially trained in serving older adults. The program plans to address these barriers by utilizing Information and Assistance Outreach Specialists from Passages to connect the target population to behavioral health services and provide education to community partners. The Department recommends entering into an agreement with the Foundation to provide outreach services to older adults affected by the Camp Fire within the County. The term of the agreement is July 1, 2020 through June 30, 2021, not -to -exceed $388,564. Additionally, the Department recommends approving a budget adjustment allocating additional approved SAMHSA funds to the FY 2020-21 budget in the amount of $93,250 to be utilized per grant requirements — action requested — 1) APPROVE AGREEMENTANDAUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Behavioral Health) Page 1 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 27, 2020 3.02 Contract Amendment with Dominion Voting Svstems for Purchase of Additional Electronic Voting System Components — In 2018, the Clerk -Recorder's Office purchased a new voting system from Dominion Voting Systems to replace an outdated system. Because of the Department's decision to adopt the Voters Choice Act (VCA) model and implement vote centers, there is a need for 15 ballot -on -demand printers and nine additional ImageCast X kits to fulfill the VCA requirements. To cover the additional voting units along with the licenses, warranties, and election services the current contract will increase this year's costs from $69,298 to $203,053. The succeeding years will have a $9,061 increase to cover the licenses and warranties of the new printers and ImageCast X kits. The FY 2020-21 and FY 2021-22 costs for these additional items are reimbursable from two Help America Vote Act (NAVA) Grants for VCA Vote Center Implementation and Voting System Replacement. The Department recommends amending the contract with Dominion Voting Systems for the additional purchases and to replace the annual payment schedule. The amendment increases the maximum payable amount by $176,810, not - to -exceed $1,218,810. All other terms remain the same — action requested — APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Clerk -Recorder) 3.03 Accept 2020 Local Agency Conflict of Interest Code Biennial Notice for School District that Files Form 700s with Butte County Office of Education — Oroville City Elementary School District has reviewed its Conflict of Interest Codes pursuant to California Government Code section 87306.5(b) and has determined that it is current and in no need of revision. County Counsel has reviewed the 2020 Local Agency Biennial Notice and believes it to be proper — action requested — ACCEPT 2020 LOCAL AGENCY BIENNIAL NOTICE OF OROVILLE CITY ELEMENTARY SCHOOL DISTRICT. (County Counsel) 3.04 Accept 2020 Local Agency Conflict of Interest Code Biennial Notices for Agencies that File Form 700s with the Clerk -Recorder — The following agencies have reviewed their Conflict of Interest Codes pursuant to California Government Code section 87306.5(b) and have determined that their agency's code is current and in no need of revision. County Counsel has reviewed the 2020 Local Agency Biennial Notices and believes them to be proper: Butte County Air Quality Management District; Durham Recreation and Park District; Feather River Recreation and Park District; and Reclamation District No. 833 — action requested — ACCEPT 2020 LOCAL AGENCY BIENNIAL NOTICES. (County Counsel) 3.05 Accept 2020 Local A2encv Biennial Report for Exempt A2encv for Drainage District No. 2 Drainage District No. 2 has reviewed its Conflict of Interest Code exemption status and has determined that the conditions for exemption from compliance with California Government Code section 87300 still exist. County Counsel has reviewed the 2020 Local Agency Biennial Report and believes it to be proper — action requested — ACCEPT 2020 LOCAL AGENCY BIENNIAL REPORT OF DRAINAGE DISTRICT NO. 2. (County Counsel) 3.06 Amendment to the Conflict of Interest Code of Butte Creek Drainage District — Butte Creek Drainage District has reviewed its Conflict of Interest Code and determined that it is in need of revision. The amendment is being submitted for approval by the Board of Supervisors as the code reviewing body. County Counsel has reviewed the amendment to the Conflict of Interest Code and believes it to be proper — action requested — APPROVE THE AMENDMENT TO THE CONFLICT OF INTEREST CODE OF BUTTE CREEK DRAINAGE DISTRICT. (County Counsel) Page 2 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 27, 2020 3.07 Conflict of Interest Code of Ipakanni Early College Charter School —I pakanni Early College Charter School has adopted a Conflict of Interest Code, which is being submitted to the Board of Supervisors as the code reviewing body. Included in the staff report are the following documents: The Ipakanni Early College Charter School Conflict of Interest Code, Exhibits A and B to the Conflict of Interest Code containing Designated Positions and Disclosure Categories, and the October 1, 2020 Resolution of the Ipakanni Early College Charter School Board adopting the Conflict of Interest Code. County Counsel has reviewed Ipakanni Early College Charter School's Conflict of Interest Code and believes it to be proper — action requested — APPROVE THE CONFLICT OF INTEREST CODE OF IPAKANNI EARLY COLLEGE CHARTER SCHOOL. (County Counsel) 3.08 Budget Adjustment to Repay the California Department of Justice (DOJ) for Unused Grant Funds for the Camp Fire Investigation and Prosecution — The District Attorney's Office was awarded $250,000 in grant funds from the DOJ Craig Thompson Environmental Protection Prosecution Fund to help investigate and prosecute the responsible parties of the Camp Fire. The funds could only be used to enhance the investigation, prosecution or enforcement of environmental protections actions brought pursuant to the environmental protection statutes of the State of California. Pacific Gas & Electric Company was indicted by a Butte County Grand Jury on 85 felony counts consisting of 84 individual counts of Involuntary Manslaughter and a count of Unlawfully Causing a Fire, and pled guilty to all 85 felony counts in June 2020. As a result of the plea, none of the grant funds were used. The unused grant funds now need to be returned to the grantor. The District Attorney's Office recommends the Board of Supervisors approve a budget adjustment to increase appropriations so the payment can be made — action requested — APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (District Attorney) 3.09 Resolution Authorizing ADDlication and Acceptance of the Emer2encv Solutions Grants Coronavirus (ESG-CV) Program Allocation Award for Round 2 Funding — Under the Coronavirus Aid, Relief, and Economic Stimulus Act, the California Department of Housing and Community Development has made available a second round of funding for an additional $253 million in federal funds through the ESG-CV Program to Continuum of Care (CoC) service areas for the following objectives: A. Prevent, prepare for, and respond to Coronavirus among individuals and families who are experiencing homelessness or receiving homeless assistance; B. Prioritize the use of funds for rapid rehousing to assist households experiencing literal homelessness; C. Address racial disproportionality in homeless populations to achieve equitable provisions of services to people of color who are disproportionately impacted by homelessness and COVID-19; and D. Provide housing and services that are low barrier, trauma informed, culturally responsive and housing first oriented. The Butte Countywide CoC has designated the Department of Employment and Social Services as the Administrative Entity. The Department will apply for the Round 2 allocation not to exceed $6,276,946 and administer ESG-CV Round 2 funds in collaboration with the CoC and in accordance with all program requirements. The Department recommends the Board of Supervisors adopt a resolution authorizing the application and acceptance of the ESG-CV Round 2 allocation award and authorize the Director of the Department of Employment and Social Services to enter into and execute the agreement amendment and any subsequent documents — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) Page 3 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 27, 2020 3.10 Site License Agreement with the Chico Housing Action Team (CHAT) for a Portion of 556 Cohasset Road in Chico — CHAT seeks land to provide emergency shelter services to the public. The Department of Employment and Social Services and the Department of General Services recommend the Board of Supervisors enter into a site license agreement with CHAT to allow CHAT to occupy the unimproved portion of the County owned property at 556 Cohasset Road, in Chico. The delivery and operation of the emergency shelters will be defined in a subsequent Project Delivery and Operations Agreement once details are determined. The initial five year term of the site license agreement begins upon execution and provides the potential for two additional five year terms ending no later than November 1, 2035 — action requested —APPROVE THE SITE LICENSE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services and General Services) 3.11 Budget Adjustment, Capital Project for Electric Charging Station, and Contract with Summit Bodyworks for Mobile Library and Literacy Vehicle (Mobile Library Coach) — During the FY 2020- 21 budget process, this Board approved $500,000 in appropriations for the capital asset purchase of a mobile library coach to replace the existing vehicle through grants and the use of Library Development Impact Fees. At the time, the exact cost of the mobile library coach and related equipment were unknown. Meanwhile, the County Library has been working with a contractor to design a new hybrid model, which will carry approximately 3,000 items and will provide traditional and digital literacy services to residents of outlying areas, including those impacted by the Camp Fire. The hybrid design of the mobile library coach will require an electric charging station to charge the vehicle. The Department of General Services and the County Library recommend the approval of a capital asset purchase and authority for $100,400 capital project to install an electric charging station at the Butte County Library located at 1820 Mitchell Avenue, Oroville. The County Library issued a Request for Proposal on June 10, 2020 for a hybrid mobile library coach. One proposal was received and scored. Summit Bodyworks of Colorado was determined to be the most qualified firm. The County Library recommends a budget adjustment and the approval of a contract with Summit Bodyworks for the mobile library coach. The term of the contract is October 27, 2020 through December 31, 2021, not -to -exceed $459,244. In FY 2019-20 the County Library received a State Library Grant of $200,000 for the mobile library coach. In June 2020 the County Library applied for a U.S. Department of Agriculture (USDA) Grant and was awarded $162,900 in grant funds for the mobile library coach. The balance of the project cost is approximately $196,744, which will come from Library Development Impact Fees — action requested — 1) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); 2) APPROVE CAPITAL ASSET PURCHASE AND AUTHORITY FOR $100,400 CAPITAL PROJECT; AND 3) APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Library) 3.12 Contract Change Order (CCO) and Notice of Completion for Kelly Ridge Road Emergency Relief (ER) Rehabilitation Project—On June 23, 2020, the Board of Supervisors awarded the Kelly Ridge Road ER Rehabilitation Project to Franklin Construction, Inc., of Chico. The project included removal of damaged pavement sections with dig -outs and placement of a single layer chip seal on Kelly Ridge Road from Rachel Drive to 720 feet north of Royal Oaks Drive. This repair work was due to damage caused from the emergency response for the 2017 Oroville Dam incident. The contract award amount was $260,260. CCO No. 1 provides for minor changes in quantities 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 an increase in the contract amount of $14,467.30. Total cost of work including the CCO is $274,727.30. All contract work has been completed in accordance with the project plans and specifications — action requested — 1) RATIFY CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ACCEPTTHE CONTRACT WORK AS COMPLETE AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION. (Public Works) Page 4 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 27, 2020 3.13 Contract Amendment with 1-5 Rentals for Equipment Rental Services — On May 21, 2019, the Board of Supervisors approved the blank purchase agreement (BPA) with 1-5 Rentals for the purposes of obtaining additional equipment necessary to supplement County -owned equipment in response to the Camp Fire. The original contract term was for three years, not -to -exceed $250,000. The contract is utilized by both the Road Fund and Neal Road Recycling and Waste Facility (NRRWF) Enterprise Fund. On October 10, 2019 the BPA with 1-5 Rentals was amended to increase the contract amount by $900,000, not -to -exceed $1,150,000. The contract was used to supply equipment used by Neal Road Recycling and Waste Facility (NRRWF) to address the Camp Fire debris being disposed at the landfill. Additional rental equipment resources are needed to support the Public Works Road Operations and the NRRWF for general operations. The Department of Public Works recommends amending the BPA with 1-5 to increase the contract amount by $250,000 for a total not -to -exceed $1,400,000. The term of the contract remains the same. Types of equipment that have been rented under this contract include heavy equipment at the NRRWF such as crawler dozers, water trucks, excavators and loaders, portable message boards, and portable four wheel brooms to clean the roadways during inclement weather. The Road Operations have primarily used this contract to rent supplemental water trucks and other heavy equipment such as loaders, excavators and a crawler dozer — action requested — APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.14 Grant Deed of Remnant Right -of -Way to the Honey Run Covered Bridge Association (HRCBA) — The Camp Fire destroyed the historic Honey Run Covered Bridge. Since that time, the HRCBA requested permission to reconstruct and operate the bridge as a private 501(C)(3), and their organization has made progress towards that goal. The County withheld the formal transfer of the property until such time as an Alternate Project was approved by the Federal Emergency Management Agency (FEMA). The Department of Public Works recently received formal notification that its application was approved, which clears the way for the title transfer of this remnant right-of-way to move forward. The property involved in this grant deed is approximately 39,898 square feet. Of this, a public ingress and egress easement of 2,008 square feet is retained to ensure the public will have access to Butte Creek. In addition, a permanent construction easement is proposed to be retained across the north portion of the property. This easement will allow the HRCBA to use this portion of the property as they deem appropriate, but will preserve the County's right to use the property in the event that the existing concrete bridge over Butte Creek needs heavy maintenance or replacement. The grant deed also has a revisionary clause allowing the property, at the County's option, to revert back to County ownership if the construction of the bridge is not completed within seven years — action requested — APPROVE THE GRANT DEED AND AUTHORIZE THE PUBLIC WORKS DIRECTOR TO SIGN. (Public Works) 3.15 Blanket Purchase Agreement (BPA) with United Rentals for the Road Division and the Neal Road Recycling and Waste Facility (NRRWF) —The Department of Public Works regularly needs to rent equipment for road projects and maintenance as well as for operations at the NRRWF, such as changeable message boards, generators, light towers, water trucks, and power brooms. The Department typically rents equipment from local rental yards if they have the required equipment in stock. Procurement of this contract utilized the "all-inclusive" exemption to solicitation provided in the County's Center Led Manual as the Department utilizes all available rental yards in the area. Additionally, solicitation for specialized equipment rental can also be exempt if comparable options do not exist. This contract falls under these exceptions to solicitation. The Department recommends entering into a BPA with United Rentals located in Chico. The term of the agreement is three years from the date of execution, not -to -exceed $250,000—action requested — APPROVE BLANKET PURCHASE AGREEMENTAND AUTHORIZE THE CHAIR TO SIGN. (Public Works) Page 5 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 27, 2020 3.16 Project Plans, Special Provisions, and Award of Contract for the Las Plumas Avenue and Lincoln Boulevard Safe Routes to School (SRTS) Project —The Las Plumas Avenue/Lincoln Boulevard SRTS Project will provide curb, gutter, and sidewalk gap closures as well as roadway reconstruction for portions of Las Plumas Avenue (West of Crestridge to Lower Wyandotte) and Lincoln Boulevard (Monte Vista Avenue to Arnold Avenue). The Department of Public Works received $1,140,000 in Active Transportation Program (ATP) funding towards the construction of this safety project, and the remainder of the funding will come from SBI Road Maintenance and Rehabilitation Account (RMRA) funds programmed with the FY 2019-20 RMRA Plan. The project plans and special provisions are available for review at the Department of Public Works located at 7 County Center Drive in Oroville. The engineer's estimate for construction is $3,116,449. The project was advertised on September 11, 2020 and a total of seven bids were received on October 6, 2020, ranging from a low of $2,918,635.64 to a high of $3,630,366. The lowest responsive and responsible bidder was Knife River Construction of Chico, with a bid amount of $2,918,635.64. This contract allows 75 working days for completion of the project once the Notice to Proceed is issued. The Department recommends the Board of Supervisors award the contract to Knife River Construction and authorize the Director of Public Works to sign the contract — action requested — 1) APPROVE THE PROJECT PLANS AND SPECIAL PROVISIONS AND AUTHORIZE THE CHAIR TO SIGN; 2) AWARD THE CONTRACT TO KNIFE RIVER CONSTRUCTION; AND 3) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN THE CONTRACT. (Public Works) 3.17 Budget Adjustment, Project Special Provisions, and the Award of Contract for the Pulga Metal Beam Guard Rail (MBGR) Replacement Project — Pulga Road, located off of Highway 70 near the Plumas County line, provides the main access into the Town of Pulga. The Pulga Metal Beam Guard Rail (MBGR) Replacement Project will provide for removal and replacement of guard rail burned and damaged during the 2018 Camp Fire Incident. This project includes the placement of new metal posts to replace the wooden posts along with improved terminal end sections and the removal and relocation of the roadside signs. The total project length is approximately 0.34 miles. The special provisions are available for review at the Department of Public Works located at 7 County Center Drive in Oroville. The engineer's estimate for construction was $268,900. The project was advertised and posted on publicpurchase.com, and a total of two bids were received on September 30, 2020. The bids ranged from a low of $357,500 to a high of $401,025. The lowest responsive and responsible bidder was Dirt and Aggregate Interchange, Inc., of Fairview, Oregon with a bid amount of $357,500. This contract allows 10 working days for completion of the project starting when the Notice to Proceed is issued. The Department of Public Works recommends that the Board of Supervisors award the contract to Dirt and Aggregate Interchange, Inc. and authorize the Director of Public Works to sign the contract. As this damage was caused by the Camp Fire, (a federally declared disaster) the majority of the funding for this project will be provided by FEMA and CalOES. The County match is 6.25% for this disaster, which equates to local share of $24,375, and will be paid by the Road Fund, specifically with SBI funds. The Department included the project in the FY 2020-21 budget in the amount of $205,000, and recommends a budget adjustment to add $185,000 in order to pay contract expenses including any potential change orders or quantity changes during the construction project — action requested — 1) APPROVE THE PROJECT SPECIAL PROVISIONS AND AUTHORIZE THE CHAIR TO SIGN; 2) APPROVETHE BUDGET ADJUSTMENT WORKSHEET (4/5 VOTE REQUIRED) 2) AWARDTHE CONTRACT TO DIRT AND AGGREGATE INTERCHANGE, INC.; AND 3) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN THE CONTRACT. (Public Works) Page 6 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — OCTOBER 27, 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 of Nominees in Lieu of Election for Various Special Districts — Under provisions of California Elections Code section 10500 et al, a General Election will be held on November 3, 2020 for the purpose of electing Directors to various Special Districts, whose terms of office expire on December 7, 2020. During the candidate filing period for this election, candidates filed a declaration of candidacy for office in the special districts listed on the Certificate of Facts. California Elections Code section 10515 (a) provides that the Board of Supervisors appoint the nominees who filed a declaration of candidacy, rather than requiring an election if the number of persons who have filed a declaration of candidacy for director at large does not exceed the number of offices of director at large to be filled at that election. Nominees who are appointed will take office at noon on December 7, 2020, and serve exactly as if elected. After the appointment is made, the County Clerk -Recorder will issue the Certificate of Appointment in Lieu of Election and Oath of Office to each appointee — action requested —APPOINT NOMINEES LISTED ON CERTIFICATE OF FACTS. (Clerk -Recorder) 2. Appointments to Special District Boards in Lieu of Election Due to Insufficient Nominees in Various Districts — There are five Special District boards that had positions subject to election in the November 3, 2020 General Election. There were an insufficient number of candidates who filed a Declaration of Candidacy for these offices during the candidate filing period and therefore the positions will be vacant, as indicated in the Certificate of Facts. The current incumbent(s) have terms of office that expire on December 7, 2020. California Elections Code section 10515 (b), provides for the Board of Supervisors to appoint any qualified person no later than the November 10, 2020 Board Meeting. Once the appointment is made, the Clerk of the Board of Supervisors must issue the Certificate of Appointment and Oath of Office to the appointee, who must take office at noon, December 7, 2020 and serve exactly as if elected. In the event that the Board of Supervisors does not make appointment by November 10, 2020, the District Board will fill the vacancy as provided in section 1780 of the Government Code — action requested —APPOINT ANY QUALIFIED PERSON TO OFFICE LISTED ON CERTIFICATE OF FACTS ON OR BEFORE THE NOVEMBER 10, 2020 BOARD MEETING. (Clerk -Recorder) 3. Nomination of California State Association of Counties (CSAC) Board of Directors Members — Under provisions of the CSAC Constitution, members of the Board of Directors and alternates are nominated by their respective Board of Supervisors to one- year terms of office commencing the first day of the CSAC annual conference. The 2020 conference, which will be held virtually this year, begins November 12, 2020. Any member of the Board of Supervisors is eligible to be nominated as Director. Appointments will be done by the CSAC Executive Committee. Currently, Supervisor Lucero is the Delegate Member, and Supervisor Ritter is the Alternate Member — action requested — 1) NOMINATE ONE MEMBER OF THE BOARD OF SUPERVISOR TO THE CSAC BOARD OF DIRECTORS, FOR A TERM OF ONE YEAR BEGINNING NOVEMBER 12, 2020; AND 2) NOMINATE ONE MEMBER OF THE BOARD OF SUPERVISOR AS THE ALTERNATE TO THE CSAC BOARD OF DIRECTORS, FOR ATERM OF ONE YEAR BEGINNING NOVEMBER 12, 2020. (County Administration) Page 7 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — OCTOBER 27, 2020 B. Board Member / Committee ReDorts and Board Member Comments (Pursuant to California State law, the Board is prohibited from taking action on any item not listed on the agenda) 4.02 Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer A. COVID-19 Update by the Public Health Director B. North Complex Fire Update C. Butte Choice Energy Authority Update 4.03 Contract with D.H. Slater & Son and Financing with California Infrastructure Economic Development Bank (IBank) for the Evidence Storage Building and Morgue (Project) — The construction of the Project is included in the Butte County Capital Improvement Program, which involves the design and construction of and the purchase of equipment for the proposed 10,840 square foot Project, which will replace the existing evidence storage building and include a full- service morgue. On June 23, 2020, the Board of Supervisors authorized the submission of a financing application in the amount of $12,000,000 to IBank for the construction of the Project. The Board of Directors of IBank approved the County's application on September 23, 2020. The total project cost is estimated at up to $14,000,000 of which up to $2,000,000 is a cash injection from the County and $12,000,000 would be financed by IBank for a term of 30 years at an annual fixed interest rate of 2.50%. The financing is structured as a lease/lease-back arrangement between the County and IBank with the Project serving as the leased asset. The Debt Advisory Committee (comprised of the Chief Administrative Officer, Auditor -Controller, Treasurer -Tax Collector, and Budget Director) recommends Board of Supervisors approve the financing. In response to a solicitation for general construction of the Project, the County received five bids from general contractors. County staff recommends entering into a contract with the lowest bidder, D.H. Slater & Son, of Chico, to provide the construction services. The term of the contract is 365 days, for a fixed fee of $7,298,000. There will be additional costs for utility construction and connections that are not included in this contract — action requested — 1) APPROVE THE FINANCING WITH THE CALIFORNIA INFRASTRUCTURE ECONOMIC DEVELOPMENT BANK AND AUTHORIZE THE CHAIR AND CHIEF ADMINISTRATIVE OFFICER TO SIGN ALL OF THE RELATED DOCUMENTS; 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; 3) AWARD CONTRACT TO D.H. SLATER & SON AND AUTHORIZE THE CHAIR TO SIGN; AND 4) APPOINT THE GENERAL SERVICES DIRECTOR AS THE OFFICER OF THE PROJECT. (County Administration, General Services, and Sheriff -Coroner) Page 8 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 27, 2020 4.04 Resolution Authorizing Refunding the 2004 Pension Obligation Bonds (POB) Series B — In 2004, the County issued POB to pay the California Public Employee Retirement System (CaIPERS) approximately $50 million for unfunded pension plan liabilities. $25.95 million of fixed rate bonds (Series A) and $18.66 million of variable rate bonds (Series B) are still outstanding and scheduled to mature in June 2034. Due to a historically low interest rate environment, County staff pursued discussions with the holder of the Series B bonds regarding fixing the interest rate and prepaying approximately $9.5 million of the outstanding balance. Fixing the rate will eliminate the interest rate risk the County faces with variable rate bonds and result in approximately $2 million in interest savings by shortening the term of the remaining debt. With the assistance of KNN Public Finance, LLC, (KNN) the County's financial advisor, the County negotiated refunding terms with the current bondholder, FMS Wertmanagement (FMS). The County will: 1) Sell/issue new refunding bonds to FMS in the amount of $9.16 million with a term of nine years and a fixed interest rate of 1.17%; and 2) Use the proceeds from the sale of the bonds and $9.5 million in County funds from the POB Reserve to redeem the full $18.66 million principal balance on the Series B bonds. A budget adjustment is recommended to complete the refunding. The proposed budget adjustment includes $9.16 million in proceeds from the issuance of the new refunding bonds, increases appropriations $18.66 million for the redemption of the current 2004 Series B bonds, and increases appropriations for the costs of issuance of the new bonds. Additionally, the budget adjustment appropriates the FY 2020-21 debt service and trustee fees for the newly issued bonds, offset by department collection revenues. Prepaying a substantial portion of the outstanding balance of the variable rate bonds and reissuing bonds for the remaining balance at a fixed rate of 1.17% for a shortened loan term will result in interest cost savings, continued stable and predictable department payroll collection rates, and elimination of the variable interest rate risk. The Debt Advisory Committee, comprised of the Chief Administrative Officer, Auditor -Controller, Treasurer -Tax Collector, and Budget Director, recommends Board approval of the refunding — action requested — 1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; 2) APPROVE THE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); AND 3) AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN ALL RELATED DOCUMENTS. (County Administration) 4.05 Introduction of an Ordinance Establishing Regulations for the Cultivation of Industrial Hemp in the Unincorporated Areas of Butte County — On October 8, 2019, the Agricultural Commissioner provided the Board of Supervisors an update on industrial hemp regulations and cultivation status within the County. The Board directed the Agricultural Commissioner to draft an ordinance for consideration placing local land use restrictions on the cultivation of industrial hemp to primarily address setbacks from sensitive receptors. The Agricultural Commissioner will provide the Board with a presentation on the proposed Butte County cultivation ordinance for industrial hemp including: A. Background, State and Federal status; B. Definitions; C. County License and License Requirements; D. Setback requirements; E. Cultivation of Industrial Hemp for Research; F. Fees; G. Crop Destruction for Non -Compliant Industrial Hemp; H. Public Nuisance and Violations; and I. Enforcement and Abatement. Action requested — WAIVE THE FIRST READING THE ORDINANCE ENTITLED "AN ORDINANCE OF THE COUNTY OF BUTTE ESTABLISHING REGULATIONS FOR THE CULTVATION OF INDUSTRIAL HEMP IN THE UNINCORPORATED AREAS OF BUTTE COUNTY". (Agriculture) Page 9 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 27, 2020 4.06 Update on Water Issues—The Department of Water and Resource Conservation will provide the Board of Supervisors with an update on the following water resource issues: A. Sustainable Groundwater Management Act (SGMA) Implementation Status — The Groundwater Sustainability Plans are on track for completion by January 31, 2022. The Department will report on the status of developing Sustainable Management Criteria, Projects and Management Actions and facilitation services. B. Miocene Canal —The status of Pacific Gas & Electric's (PG&E) progress to restore water to the Miocene Canal. The Department is requesting direction from the Board on whether the County should be the lead agency for CEQA and potential water diversion agreement with the State Department of Water Resources. C. Groundwater Elevation Monitoring — The Department, in cooperation with the State Department of Water Resources, conducted fall groundwater elevation monitoring during the week of October 12, 2020. At the November Water Commission meeting, the Department will present the results of the 2020 water quality monitoring program. D. North Complex Fire Recovery — The Department is participating along with Public Works and the Environmental Health Division in the Watershed Task Force. The Watershed Task Force is being led by CalOES and the Central Valley Regional Water Quality Control Board and is focused on runoff to water bodies from the North Complex West burn scar. Action requested — PROVIDE DIRECTION TO STAFF. (Water and Resource Conservation) 4.07 Letter in Support of California State University, Chico (CSU, Chico) Campus Master Plan — CSU, Chico is in the process of updating its Campus Master Plan, which is now entering into the approval process. CSU, Chico President Gayle Hutchinson is seeking letters of support from stakeholders on campus and from the community before the Campus Master Plan goes before the CSU Board of Trustees on November 17-18. Supervisors Lucero and Ritterjointly request the Board of Supervisors approve a letter in support of the CSU, Chico Campus Master Plan — action requested —APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Supervisor Lucero, District 2 and Supervisor Ritter, District 3) 4.08 Items Removed from the Consent Agenda for Board Consideration and Action 5. PUBLIC HEARINGS AND TIMED ITEMS 5.01 9:30 AM —Timed Item — County Initiated Amendment to Butte County Code Chapter 24, Zoning Ordinance — Butte Creek Canyon and Magalia Watershed Protection Overlay Zone Amendments The County -initiated amendment to the Butte County Zoning Ordinance Watershed Protection (-WP) Overlay zone is applicable to the Magalia area and the Butte Creek Canyon Overlay (-BCC) zone (Butte County Code Section 24-46 and Section 24-34.1, respectively). After a public hearing held on September 24, 2020, the Butte County Planning Commission unanimously recommended adoption of the Zoning Code Amendment to the Board of Supervisors. The following specific amendments are proposed: A. Currently, under both sections, Erosion Control Plans (ECPs) must be prepared by a Licensed Civil Engineer. This amendment will allow ECPs to be prepared by a Qualified Stormwater Developer. B. The -WP Overlay Zone requires an Administrative Permit for the establishment of any structure. This amendment will remove the requirement for an Administrative Permit as this is a duplication of work with the review process for building permits. Page 10 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 27, 2020 C. Under the -WP Overlay Zone, ECPs are required for accessory structures. This amendment will exempt certain structures from an ECP, including public utilities, residential additions less than 25 percent of the size of the original structure, or accessory structures defined and permitted under Butte County Code Section 24-156. The proposed amendments will eliminate duplication in the review process, bring these watershed protection overlay zones in alignment with each other concerning permitting, erosion control plans, certain residential additions, and qualifying accessory structures, and update the Code to reflect current stormwater management standards. A categorical exemption pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3) "Common Sense" exemption is proposed. The proposal poses no significant impact on the environment and there is no potential for negative impacts to the environment — action requested — ADOPT AN ORDINANCE AMENDING CHAPTER 24, (ZONING ORDINANCE) MAKING TEXT AMENDMENTS TO 24-34.1 AND 24-46 AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) 5.02 10:00 AM — Public Hearing — Itemized Costs and Penalties Related to Nuisance Abatement to Record a Lien and ImDose a SDecial Assessment A. Code Enforcement Case No. CE19-01205; 267 Shady Oak Drive, Bangor; APN: 028-340-008— On November 21, 2019, a Hearing Officer declared a public nuisance existed on the property listed below. This hearing has been scheduled to authorize the Board of Supervisors to record a special assessment and lien to recover the County's costs for Code Enforcement Case No. CE19-01205 for the property located at 267 Shady Oak Drive, Bangor (APN 028- 340-008) as a special assessment of $7,395.79 (costs) and proposed lien of $49,500 (penalties) — action requested — APPROVE THE PROPOSED LIEN OF $49,500 AND A SPECIAL ASSESSMENT OF $7,395.79. (Development Services) B. Code Enforcement Case No. CE19-01071; 1565 Pleasant Grove Lane, Bangor; APN 028-130- 016 — On October 17, 2019, a Hearing Officer declared a public nuisance existed on the property listed below. This hearing has been scheduled to authorize the Board of Supervisors to record a special assessment and lien to recover the County's costs for Code Enforcement Case No. CE19-01071 for the property located at 1565 Pleasant Grove Lane, Bangor (APN 028-130-016) as a special assessment of $4,385.14 (costs) and proposed lien of $51,000 (penalties) — action requested — APPROVE THE PROPOSED LIEN OF $51,000 AND A SPECIAL ASSESSMENT OF $4,385.14. (Development Services) C. Code Enforcement Case No. CE19-01270; 43 Schneiter Lane, Oroville; APN 028-310-036—On November 7, 2019, a Hearing Officer declared a public nuisance existed on the property listed below. This hearing has been scheduled to authorize the Board of Supervisors to record a special assessment and lien to recover the County's costs for Code Enforcement Case No. CE19-01270 for the property located at 43 Schneiter Lane, Bangor (APN 028-310- 036) as a special assessment of $4,313.31 (costs) and proposed lien of $34,000 (penalties) — action requested — APPROVE THE PROPOSED LIEN OF $34,000 AND A SPECIAL ASSESSMENT OF $4,313.31. (Development Services) D. Code Enforcement Case No. CE19-01330; 0 Yadira Lane, Oroville; APN 041-260-028 — On December 11, 2019, a Hearing Officer declared a public nuisance existed on the property listed below. This hearing has been scheduled to authorize the Board of Supervisors to record a special assessment and lien to recover the County's costs for Code Enforcement Case No. CE19-01330 for the property located at 0 Yadira Lane, Oroville (APN 041-260-028) as a special assessment of $5,820.39 (costs) and proposed lien of $38,000 (penalties) —action requested — APPROVE THE PROPOSED LIEN OF $38,000 AND A SPECIAL ASSESSMENT OF $5,820.39. (Development Services) Page 11 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 27, 2020 E. Code Enforcement Case No. CE19-01329; 266 Yadira Lane, Oroville; APN 041-260-027 — On December 11, 2019, a Hearing Officer declared a public nuisance existed on the property listed below. This hearing has been scheduled to authorize the Board of Supervisors to record a special assessment and lien to recover the County's costs for Code Enforcement Case No. CE19-01329 for the property located at 266 Yadira Lane, Oroville (APN 041-260- 027) as a special assessment of $6,002.93 (costs) and proposed lien of $52,000 (penalties) — action requested — APPROVE THE PROPOSED LIEN OF $52,000 AND A SPECIAL ASSESSMENT OF $6,002.93. (Development Services) F. Code Enforcement Case No. CE19-01332; 286 Yadira Lane, Oroville; APN 041-260-035 — On December 11, 2019, a Hearing Officer declared a public nuisance existed on the property listed below. This hearing has been scheduled to authorize the Board of Supervisors to record a special assessment and lien to recover the County's costs for Code Enforcement Case No. CE19-01332 for the property located at 286 Yadira Lane, Oroville (APN 041-260- 035) as a special assessment of $6,077.66 (costs) and proposed lien of $33,000 (penalties) — action requested — APPROVE THE PROPOSED LIEN OF $33,000 AND A SPECIAL ASSESSMENT OF $6,077.66. (Development Services) 6. BOARD OF SUPERVISORS PUBLIC COMMENT Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California State law, the Board of Supervisors is prohibited from taking action on any item not listed on the agenda. 7. BOARD OF SUPERVISORS CLOSED SESSION 7.01 Public Emolovee Emolovment. Armointment. 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 Page 12 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - OCTOBER 27, 2020 7.02 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 7.03 Actual Litigation pursuant to Government Code Section 54956.9(d)(1): A. Calvary Chapel of Ukiah et al. v. Gavin Newsom et al.; USDC - Eastern District of California Case No. 2:20-cv-01431 KJM-DMC ; B. Summer Gilbert v. Butte County, Workers' Compensation Appeals Board Case No. ADJ4023576 (Claim Number: CBTE-192993); C. Michelle Davis v. Butte County, Workers' Compensation Appeal Board Case No. ADJ10013212 (Claim Number: BUAI-550014); D. Michelle Davis v. Butte County, Workers' Compensation Appeal Board Case No. ADJ10336868 (Claim Number: BUAM-550275); E. Michelle Davis v. Butte County, Workers' Compensation Appeal Board Case No. ADJ10456628 (Claim Number: BUAM-550326); and F. Michelle Davis v. Butte County; Workers' Compensation Appeal Board Case No. ADJ11097063 (Claim Number: BUAJ-550046); 7.04 Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)(1): A. Two Cases. 7.05 Initiation of Litigation pursuant to Gov. Code Sec. 54956.9(d)(4) B. One Potential Case. Page 13 Butte CountV Department Heads Agricultural Commissioner: Louie Mendoza Assessor*: Diane Brown Auditor -Controller*: Graciela Gutierrez Behavioral Health: Scott Kennelly Chief Administrative Officer: Andy Pickett 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 Page 14