HomeMy WebLinkAboutA011023C A L I F O R N I A
ANDY PICKETT
CHIEF ADMINISTRATIVE OFFICER &
CLERK OF THE BOARD
1. CALL TO ORDER
BUTTE COUNTY
BOARD OF SUPERVISORS
REGULAR MEETING AGENDA
JANUARY 10, 2023
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
Rules of Decorum
MEMBERS OF THE BOARD
BILL CONNELLY, DISTRICT 1
PETER DURFEE, DISTRICT 2
TAM RITTER, DISTRICT
TOD KIMMELSHUE, DISTRICT
DOUG TEETER, DISTRICT 5
BRAD STEPHENS, COUNTY COUNSEL
The Board of Supervisors welcomes the public to its meetings and encourages and appreciates public
engagement. The Board of Supervisors expects members of the public to act in a courteous, civil, and
respectful manner. Individuals who address the Board shall not make personal, impertinent, slanderous,
or profane remarks to any member of the Board, staff, or the general public. The Board of Supervisors will
not tolerate loud, threatening, personal, or abusive language, or disorderly conduct, which disrupts,
disturbs, or otherwise impedes the orderly conduct of Board meetings. Violation of these rules of decorum
will result in the meeting being recessed.
A. Board of Supervisors Composition for 2023
i. Election of Board Chair
ii. Election of Board Vice Chair
2. CORRECTIONS AND/OR CHANGES TO THE AGENDA
3. CONSENT AGENDA
A. Supervisor Comments on Consent Agenda Items
B. Adopt Consent Agenda
Page 1
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 10, 2023
3.01 Budget Adjustment and Capital Asset Purchases - On June 22, 2021, the Board of Supervisors
approved the FY 2021-22 budget which included 3 vehicles for the Department of Agriculture. The
cost of the vehicles were offset by $105,000 revenue from Unclaimed Gas Tax distribution. Cost
of the vehicles were encumbered in the equipment replacement fund. A purchase requisition was
completed by the Department on September 22, 2021 and due to delays with supply chain, the
vehicles were not received until December 12, 2022. The Department recommends that the Board
approve a capital asset purchase for three vehicles and approve the budget adjustment of
$99,767 — action requested — 1) APPROVE CAPITAL ASSET PURCHASES (3); AND 2) APPROVE A
BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Agriculture)
3.02 Resolutions Establishing Appropriation Limit for Fiscal year (FY) 2022-23 - In November of 1979,
California voters passed Proposition 4, which added Article XIIIB to the State Constitution. This
Article establishes limits on the appropriation of proceeds of taxes. Proposition 4 establishes and
defines annual appropriation limits on State and local governmental entities based on annual
appropriations for the prior fiscal year, adjusted for changes in cost of living and population.
Revenues received in excess of appropriations permitted by this measure are required to be
returned by revision of tax rates or fee schedules within the next two subsequent fiscal years, and
appropriation limits may be established or temporarily changed by the electorate. Government
Code Section 7910 requires that a jurisdiction's governing body establish by resolution its
appropriation limit for the following fiscal year. It must be done no sooner than 15 days after
documentation and is used to determine the limit available to the public. Due to the
documentation not being available until September 26, 2022 as a result of the Workday
implementation, the appropriation limits were unable to be set until after the FY 2022-23 budget
was adopted. In the event the adopted budget is not compliant with the limit, the Board of
Supervisors would be presented with budget adjustments. In this case, County appropriations are
compliant with Proposition 4 limitations. The FY 2022-23 Proposition 4 limit is $218,155,372 and
the FY 2022-23 total adjusted appropriations subject to the limit is $90,948,421. The Auditor -
Controller recommends the Board adopt two resolutions confirming Proposition 4 appropriation
limit calculations for the County of Butte and all special districts under the control of the Board
for FY 2022-23 — action requested — ADOPT RESOLUTIONS (2) AND AUTHORIZE THE CHAIR TO
SIGN. (Auditor -Controller)
3.03 Agreement with Butte County Superior Court for Dispute Resolution Program - The Butte County
Superior Court collects funds for the Dispute Resolution Program through a portion of filing fees.
By law, these funds are received by the County and are to be used to provide dispute resolution
services at the Court. The Court contracts with Cal Northern School of Law to provide these
services, and the County provides the Court the funding for the program. County Administration
recommends entering into an agreement with the Butte County Superior Court for the Dispute
Resolution Program, funded by a dedicated portion of filing fees. The term of the agreement is
January 1, 2023 through December 31, 2023, not -to -exceed $44,000 — action requested —
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
Page 2
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 10, 2023
3.04 Consolidated Development Impact Fee Report for Fiscal Year 2021-22 - Pursuant to California
Government Code section 66006(b), the Butte County Consolidated Development Impact Fee
Report for Fiscal Year 2021-22 (Report) has been available for the Board of Supervisors and public
review in the office of the Clerk of the Board since December 27, 2022. The Report includes both
County and Special District Development Impact Fee funds information and the required five-year
findings. California Government Code Section 66001(d) sets forth the requirements of findings
the Board must make in the fifth year following the first deposit into a fund and every fifth year
thereafter regarding the unexpended balance in the respective fund. Department Heads and
Special District Managers are responsible for the five-year findings for their Development Impact
Fee funds — action requested - MAKE FINDINGS AS DETAILED IN THE REPORT FOR EACH OF THE
REQUIRED FUNDS AS SET FORTH IN GOVERNMENT CODE 66001(D). (County Administration)
3.05 Subrecipient Agreement with Community Action Agency (CAA) for the South County Food Pantry
Project Funded by Grant Award Community Development Block Grant - Coronavirus Response
(CDBG-CV-2/3-00011) - The California Department of Housing and Community Development
(HCD) receives funding from the United States Department of Housing and Urban Development
(HUD) for the Community Development Block Grant (CDBG) Program and allocates funds to CDBG
eligible non -entitlement jurisdictions. Approximately $71 million in CDBG-CV2/3-00011 funds
authorized by Coronavirus Aid, Relief, and Economic Security (CARES) Act were allocated to
eligible jurisdictions to perform activities related to COVID-19 response and recovery. Butte
County received $392,634 for Grant Award CDBG-CV-2/3-00011, using $21,696.79 of the
allocation for Public Health COVID Testing and Vaccination Response and $370,937.21 for the
South County Food Pantry Project (renovating the existing food bank). Due to changes in COVID
response that have occurred since these CV -2/3 grants were secured, the Board of Supervisors
approved a resolution to amend the Standard Agreement CDBG-CV-2/3-00011 on October 11,
2022, to fund the South County Food Pantry Project to be delivered by CAA. Staff now
recommends approving a Subrecipient Agreement, expiring August 16, 2023, with CAA for
$370,937.21 to administer the South County Food Pantry Project — action requested — APPROVE
SUBRECIPIENT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
3.06 Contract with Low, McKinley and Salenko for Legal Services - County Counsel contracts with
Washington & Washington to provide legal representation to the County in litigation, claims and
other legal matters. Effective December 15, 2022, Washington & Washington joined Low,
McKinley and Salenko, a civil litigation firm in Sacramento and Chico. Peter Washington will serve
as managing partner of the firm's Chico office. The Department recommends entering into a
contract with Low, McKinley and Salenko for legal services. The term of the contract is January
10, 2023 through January 9, 2026, not -to -exceed $300,000 — action requested — APPROVE
CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (County Counsel)
Page 3
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 10, 2023
3.07 Contract Amendment with Ray Morgan Company for County -wide Desktop Printers, Scanners and
Service - The County entered into a contract with Ray Morgan Company on January 24, 2017 to
provide county -wide desktop printers, scanners and service. The contract has been amended four
times previously: #1 in 2018 to change the billing frequency and allow for updates to the model
numbers of the printers and scanners; #2 in 2020 to update the pricing sheet, extend the term by
730 days through January 24, 2022, and increase the maximum payable amount by $160,000
bringing the contract total to not -to -exceed $250,000; #3 in 2021 to update the pricing structure
with a minimal reduction in monthly cost, extend the term by 151 days through June 24, 2022,
and increase the maximum payable amount by $80,000 bringing the contract total to not -to -
exceed $330,000; #4 in 2022 to extend the term by 190 days through December 31, 2022, and
increase the maximum payable amount by $30,000 bringing the contract total to not -to -exceed
$360,000. Due to a protest, the recent solicitation for these services (RFP 17-23) was pulled. The
Department of General Services recommends approval of a fifth amendment to extend the term
by 120 days through April 30, 2023 to allow time to issue a new RFP. All other terms remain the
same — action requested — APPROVE THE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN. (General Services)
3.08 Contract Amendment with Ray Morgan Company for County -wide Multi -Function Copiers and
Service - The County entered into a contract with Ray Morgan Company on March 8, 2016 to
provide county -wide multi -function copier services. The contract has been amended six times: #1
in 2017 and #2 in 2018 to update the printer model numbers with no changes to the rates; #3 in
2020 to increase the maximum payable amount by $650,000 bringing the contract total to not -
to -exceed $3,050,000; #4 in 2021 to extend the term by 115 days through June 30, 2021, and
increase the maximum payable amount by $250,000 bringing the contract total to not -to -exceed
$3,300,000; #5 in 2021 to extend the term by 365 days through June 30, 2022, and increase the
maximum payable amount by $535,580 bringing the contract total to not -to -exceed $3,835,580;
#6 in 2022 extended the term by 184 days through December 31, 2022, and increase the
maximum payable amount by $300,000 bringing the contract total to not -to -exceed $4,135,580.
Due to a protest, the recent solicitation for these services (RFP 17-23) was pulled. The Department
of General Services recommends approval of a seventh amendment to extend the term by 120
days through April 30, 2023 to allow time to issue a new RFP and increases the maximum payable
by $180,000 bringing the contract total to not -to -exceed $4,315,580. All other terms remain the
same — action requested — APPROVE THE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN. (General Services)
3.09 Introduction of the Salary Ordinance - The Department of Human Resources has prepared an
updated Salary Ordinance. The ordinance includes details on allocated positions, and the salary
plans for classified positions, elected and appointed officials and members of the Board of
Supervisors. A new salary ordinance is typically adopted once per year and is then amended with
resolutions during the course of the year. The ordinance being considered incorporates changes
the Board of Supervisors has made to the Salary Ordinance through the December 13, 2022 Board
of Supervisors meeting, including the implementation of the Classification and Compensation
Study and the Mid -year Budget adjustments — action requested — INTRODUCE THE SALARY
ORDINANCE AND WAIVE THE FIRST READING. (Human Resources)
Page 4
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 10, 2023
3.10 Resolution Recognizing John Dwayne Martin Upon His Retirement from the Probation
Department - The Director of the Probation Department recommends that the Board of
Supervisors adopt a resolution recognizing the retirement of John Dwayne Martin on the occasion
of his retirement on January 21, 2023 after 25 years of service to Butte County — action requested
— ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Probation)
3.11 Amendment #5 to Contract with Gen -Probe Sales and Services, Inc. (Hologic) for Lab Supplies,
Testing Kits, and Use of Equipment - The Public Health Laboratory conducts testing for the Public
Health Clinics and Communicable Disease Program on a regular basis. Testing conducted includes,
but is not limited to testing for Chlamydia, Gonorrhea, Hepatitis C Virus, and Trichomonas. On
June 11, 2019, the Board of Supervisors approved a contract with Hologic for test kits, supplies
and use of equipment. The term of the contract is July 1, 2019 through June 30, 2023, not to
exceed $350,000. The contract has been amended four times to support the Department of Public
Health in the response to COVID-19. The most recent amendment was approved by the Board on
September 29, 2020 to increase the maximum payable amount to $360,000, not -to -exceed
$745,000. All other terms remain the same. Contracting with Hologic allows the Department to
receive a discounted and fixed rate on test kits and supplies over the term of the contract. The
Department recommends amending the contract to include the change of ownership from Gen -
Probe Sales and Services, Inc. to Hologic Sales and Service, LLC, increase the maximum payable
amount by $2,450, with a new not -to -exceed of $747,450 to cover an increase in cost of test kits
for Trichomonas testing, and extend the term of the contract three years through June 30, 2027.
All other terms remain the same — action requested — APPROVE AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Public Health)
3.12 Contract with Luhdorff & Scalmanini Consulting Engineers, Inc (LSCE) for Groundwater Monitoring
Services -The Board of Supervisors adopted the Nitrate Compliance Plan on September 25, 2001,
which includes an Oversight and Monitoring Program for properties within the Chico Urban Area
that have not connected to public sewer. The Oversight and Monitoring Program provides for the
continued monitoring of Chico groundwater to document the effectiveness of nitrate reduction
efforts. Monitoring data from the Oversight and Monitoring Program is reported to the Regional
Water Quality Control Board. County activities for Nitrate Compliance Plan implementation are
funded by County Service Area (CSA) 114. The Department of Public Health published a Request
for Proposals for Groundwater Monitoring Services for the Chico Urban Area Nitrate Compliance
Program on August 5, 2022 and three qualified proposals were received. A committee comprised
of staff from the Environmental Health Division and County Administration reviewed the
proposals. LSCE was selected as the most qualified respondent. The Department recommends
entering into a contract with LSCE for groundwater monitoring services. The term of the contract
is January 10, 2023 through December 31, 2026, not -to -exceed $220,160 — action requested —
APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Public Health)
Page 5
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 10, 2023
3.13 Contract Amendment with Compliance SFO, Inc. for Completion of Investigative Final Report (IFR)
at the Neal Road Recycling and Waste Facility (NRRWF) - On November 18, 2020, the California
State Water Resources Control Board (SWRCB) issued an Investigative Work Order requiring
NRRWF to prepare an Investigative Work Plan (IWP) to assess the environmental, stormwater,
soil, biological, and human health and safety risks posed by leachate seeps discharges at NRRWF
in 2019. The IWP was completed and submitted to the SWRCB for review on August 23, 2021. The
SWRCB approved the IWP on September 30, 2021, which requires the completion of an IFR. On
January 11, 2022, the Board of Supervisors approved a contract with Compliance SFO, Inc. of San
Francisco, for the completion of an IFR, with a term of January 11, 2022, through January 11, 2023,
not -to -exceed $200,000. While Compliance SFO, Inc. has completed the IFR, the document still
needs to be submitted to SWRCB for comment or approval. The level of effort needed to
coordinate with the SWRCB and complete the IFR has been considerably more than anticipated
in the original contract, and the Department anticipates additional effort is needed to finalize the
IFR. The Department recommends amending the contract with SFO Compliance, Inc., to extend
the term by three months through April 11, 2023, and increasing the maximum payable amount
by the term by $50,000, not -to -exceed $250,000 — action requested — APPROVE CONTRACT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
3.14 Approve the Final Contract Change Order (CCO) and Notice of Completion for Module 5 Phase D
Liner System at the Neal Road Recycling and Waste Facility (NRRWF) - On July 26, 2022, the Board
of Supervisors awarded the NRRWF Module 5 Phase D Liner System Project to Ford Construction,
Inc. The contract award amount was $929,248. The work provides an additional 1.1 million cubic
yards of airspace for future landfill municipal solid waste disposal at the NRRWF. All contract work
has been completed per the project plans and specifications for a total cost of $921,948. One final
CCO needs approval before the project can be deemed complete. CCO No. 1 provides for changes
requested by NRRWF to repair the existing cover on Module 5, Phase C; install drainage diversion
on Module 5, Phase D; perform design modifications recommend by the engineer for anchor
trench backfill to Module 5, Phases C and D; and receive credit for re -use of existing pipe supports.
CCO No. 1 increases the contract amount by $12,182 for a total amount of $934,130 — action
requested - 1) APPROVE CONTRACT CHANGE ORDER 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)
3.15 Adoption of an Ordinance Amending Chapter 46 of the Butte County Code entitled "Purchasing"
The Butte County Center -Led Contracting/Procurement Policies and Procedures Manual provides
policies and procedures for core procurement functions under Government Code section 54202.
While the manual applies to most County departments and provides authority to the Department
of General Services, it delegates contract authority directly from the Board of Supervisors to the
Road Commissioner and the Director of Public Works by way of the Butte County Code. In
coordination with County Counsel and the Department of General Services, the Department
developed a purchasing and procurement policy to articulate the policies and procedures for
purchasing and procurement within the authority of the Road Commissioner and Director of
Public Works. On December 13, 2022, the Board approved the Department of Public Works
Purchasing and Procurement Policy and waived the first reading of the ordinance amending
Chapter 46 of the Butte County Code, entitled "Purchasing." The Department recommends that
the Board adopt an ordinance, amending Chapter 46 of the Butte County Code entitled
"Purchasing" — action requested — ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
(Public Works)
Page 6
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 10, 2023
3.16 Capital Asset Surplus - Vehicles for Auction - The Board of Supervisors declares vehicles surplus
that are no longer serviceable or no longer needed by the County before auctioning the items.
The Department of Public Works recommends the Board declare 11 vehicles as surplus to the
needs of the County, as the assets have either high mileage or the repairs exceed the value of the
asset — action requested — DECLARE CAPITAL ASSETS (11) SURPLUS TO THE NEEDS OF THE
COUNTY. (Public Works)
3.17 Contract with Geo -Logic Associates for Construction Quality Assurance (CQA) Monitoring and
Reporting for the Groundwater Monitoring Wells Installation Project -The Department of Public
Works issued a Request for Qualifications (RFQ) on April 2, 2020, for CQA monitoring and
reporting for the Groundwater Monitoring Wells Installation Project at the Neal Road Recycling
and Waste Facility. The RFQ stated the solicitation results will be used for up to three years. The
Department received four Statements of Qualifications, which were evaluated and ranked based
on experience, capacity, and overall professional qualifications. The Department recommends
that the Board of Supervisors approve a contract with Geo -Logic Associates of Grass Valley as the
highest ranked vendor. The term of the contract is January 10, 2023, through July 31, 2023, not -
to -exceed $84,538 — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO
SIGN. (Public Works)
3.18 Capital Asset Surplus - 2012 BAE Armored Protected Vehicle -The Sheriff's Office has determined
that the 2012 BAE Armored Protected vehicle (Asset #27889-000) is no longer useful for
operation. The vehicle was acquired through the Federal 1033 Excess Property program and must
be disposed of in accordance with 1033 program guidelines, which require the vehicle be returned
to the Federal government or transferred to another agency authorized by the 1033 program.
Sheriff staff have worked to transfer the vehicle to another agency at no expense to the County.
The Sheriff's Office recommends declaring capital asset #27889-000 as surplus —action requested
— DECLARE CAPITAL ASSET SURPLUS TO THE NEEDS OF THE COUNTY. (Sheriff)
3.19 Agreement Amendment with Ontario Systems LLC for Software License - The Treasurer -Tax
Collector's Office has used Columbia Ultimate, Inc. software since the inception of the Central
Collections Division in 2001. On August 25, 2015, the Board of Supervisors approved a software
license agreement with Columbia Ultimate, Inc. The term of the agreement was July 1, 2015
through June 30, 2018, with a not -to -exceed of $14,689. On June 12, 2018 the contract was
amended to recognize Ontario Systems, LLC as the successor company to Columbia Ultimate, Inc.,
extend the term through June 30, 2021, and increase the maximum payable by $15,850, not -to -
exceed $30,539. The contract was amended a second time on May 25, 2021, extending the term
through December 31, 2022 and increasing the maximum payable by $8,490, not -to -exceed
$39,029. The Department recommends amending the contract to extend the term 18 months,
through June 30, 2024 and increase the maximum amount payable by $8,769, not -to -exceed
$47,798. All other terms remain the same — action requested — APPROVE CONTRACT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Treasurer — Tax Collector)
Page 7
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 10, 2023
3.20 Agreement Amendment with Ontario Systems LLC for Software Support - The Treasurer -Tax
Collector's Office has used Columbia Ultimate Inc. software since the inception of the Central
Collections Division in 2001. On August 25, 2015, the Board of Supervisors approved a Software
Support agreement with Columbia Ultimate, Inc. The term of the agreement was July 1, 2015
through June 30, 2018, with a not -to -exceed of $62,525. In 2018, Ontario Systems, LLC became
the successor company to Columbia Ultimate, Inc. and began providing services in accordance
with the existing Columbia agreement. The agreement has been amended four times. The most
recent amendment was approved on January 18, 2022, it modified the statement of work to align
with new state legislation, AB 177 and increased the maximum payable by $5,000 not -to -exceed
$196,699. The Department recommends amending the agreement to extend the term by 18
months, through June 30, 2024 and increase the maximum amount payable by $42,146, not -to -
exceed $238,845. All other terms remain the same — action requested — APPROVE AGREMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Treasurer —Tax Collector)
3.21 Agreement Amendment with Ontario Systems LLC for Mailing Services - The Treasurer -Tax
Collector's Office has used Columbia Ultimate Inc. software since 2001 to mail customer letters
initiated by revenue and reimbursement officers in the course of their daily work. The Department
uses the software to service the Court and the County's delinquent debt portfolio. On August 25,
2015 the Board of Supervisors approved an agreement with Columbia Ultimate Inc. The term of
the agreement was August 25, 2015 through June 30, 2016, not -to -exceed $52,000. The
agreement covers the costs of printing and mailing approximately 50,000 collection letters per
year. The agreement has been amended annually. The 2018 amendment included a change in
ownership to Ontario Systems, LLC as the successor company to Columbia Ultimate, Inc. The most
recent amendment was approved on May 25, 2021, it extended the term through December 31,
2022 and increased the maximum payable by $60,000, not -to -exceed $312,000. The Department
recommends amending the agreement with Ontario for mailing service. The amendment extends
the term of the contract by 18 months through June 30, 2024, and increases the maximum
payable amount by $63,000.00, not -to -exceed $375,000.00. All other terms remain the same —
action requested — APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Treasurer—Tax Collector)
Page 8
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—JANUARY 10, 2023
3.22 Contract with Luhdorff and Scalmanini Consultanting Engineers (LSCE) for the Vina and
Wvandotte Creek Subbasin Groundwater Sustainabilitv ARencv Long -Term Groundwater
Sustainability Plan Implementation Fee - In September 2014, the California legislature enacted
the Sustainable Groundwater Management Act (SGMA) to require sustainable groundwater
management statewide. Implementation of SGMA is achieved through the formation of
Groundwater Sustainability Agencies (GSAs) and the preparation and implementation of
Groundwater Sustainability Plans (GSPs). Butte County is one of three member agencies in the
Vina GSA and Wyandotte Creek GSA. To date, the GSAs have been funded through member
agency contributions and administered by in-kind staff services from the member agencies. A
Proposition 1 Sustainable Groundwater Planning Grant funded the development of the GSP, a
portion of the first Annual Report, and grant administration to reimburse a minimal amount of
County staff time. At the June 28, 2022 meeting, the Board of Supervisors approved one-time
funding for the Department of Water and Resource Conservation to assist with the administration
of the Vina and Wyandotte Creek GSAs in the short-term. A portion of this funding is to be used
to identify, document, and acquire long-term financing for the two GSAs. A Request for Proposals
(RFP) was issued on September 1, 2022 for the development of a funding mechanism for the
operation of the GSAs and implementation of the GSPs. Five proposals were received. Proposals
were reviewed by a committee consisting of member agency staff and two GSA Board members
from each GSA. The review committee selected LSCE of Woodland based on their capabilities,
experience, references, scope of services, schedule and cost. The Department recommends
entering into two separate contracts, one for each GSA, with LSCE for developing a long-term
funding mechanism for GSA administration and GSP implementation. The term of the contract for
the Vina GSA long-term implementation fee is January 10, 2023 through December 31, 2023, not -
to -exceed $105,854. The term of the contract for the Wyandotte Creek GSA long-term
implementation fee is January 10, 2023 through December 31, 2023, not -to -exceed $91,048 —
action requested — APPROVE CONTRACTS (2) AND AUTHORIZE THE CHAIR TO SIGN. (Water and
Resource Conservation)
REGULAR AGENDA
4.01 Boards, Commissions, and Committees
(List available at www.buttecounty.net/clerkoftheboard/appoinmentslist)
A. Appointments to Listed Vacancies
1. 2023 Board Member Committee Assignments - Each year at its first meeting, the
Board of Supervisors appoints Board Members to various standing committees. In
addition to assigning Board Members to those terms which have expired, the Board
may amend committee assignments and/or disband any committee that is no longer
necessary — action requested - 1) APPOINT BOARD MEMBERS TO COMMITTEES AS
DETAILED IN THE STAFF REPORT; 2) AMEND BOARD MEMBER COMMITTEE
ASSIGNMENTS, IF DESIRED; AND 3) DISBAND ANY COMMITTEE THAT IS NO LONGER
NECESSARY. (Other —Various Committees)
Page 9
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—JANUARY 10, 2023
2023 Boards, Committees, and Commissions Assignments - Each year at its first
meeting, the Board of Supervisors appoints residents to various standing boards,
committees, commissions throughout the County — action requested - 1) APPOINT
RESIDENTS TO BOARDS, COMMITTEES AND COMMISSIONS AS DETAILED IN THE
STAFF REPORT. (Other—Various Committees)
B. Board Member/ Committee Reports and Board Member Comments
(Pursuant to California State law, the Board is prohibited from taking action on any item not listed on the agenda)
4.02 Board of SuDervisors Public Comment - Comments to the Board on issues and items not listed on
the agenda. Pursuant to California State law, the Board of Supervisors is prohibited from taking
action on any item not listed on the agenda. Please note that Public Comment is in two separate
sections. One, as the first regular item on the agenda, which will last a maximum of 15 minutes,
with another to follow as the last item on the regular agenda with no time limits.
4.03 Budget Adjustment, Resolution, and Capital Asset Authority Related to PG&E Settlement Fund
Requests - Butte County received a $252 million settlement from PG&E whose criminal negligence
resulted in the Camp Fire. The County's net settlement revenue after attorney's fees was $206.5
million plus a $150,000 reimbursement to the General Fund for the County's in-house legal costs.
At the Fiscal Year 2020-21 budget hearings on July 21, 2020, the Board of Supervisors directed
that a new fund called the "PG&E Settlement Fund" be established and the settlement funds be
committed to County stability, hazard mitigation, and recovery. The Board approved a PG&E
Settlement Fund Policy on April 27, 2021. Recognizing that there are more worthy projects and
uses of the PG&E Settlement Fund than there are funds available, the policy states projects that
address direct impacts from the Camp Fire, leverage outside funds and/or have a high level of
urgency will be given priority. Following the Camp Fire in November 2018, there has been a large
increase in code enforcement violations. The Department of Development Services has received
1,332 additional complaints within the Camp Fire burn scar. The majority of these complaints are
resolved with the property owner through voluntary compliance, however, there remains a
number of cases that proceed to the abatement process. Additional funding is needed to address
abatement action. The Department recommends $550,000 annually for the next three years for
abatement funding to help address the abandoned vehicles, junk in public, camping, substandard
housing, unsafe structures and zoning violations to assist in maintaining a stable community to
support the Camp Fire recovery and rebuild. The Department requests the Board commit
$1,650,000 in PG&E funds for abatement activities across three years. As of December 21, 2022,
there was $121,981,126 in available, un -programed PG&E Settlement funds and $88,754,833
PG&E Settlement fund initiatives already approved by the Board — action requested —1) COMMIT
$1,650,000 IN PG&E SETTLEMENT FUNDS FOR CODE ENFORCEMENT ACTIVITIES IN THE CAMP
FIRE BURN SCAR; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (County
Administration/Development Services)
Page 10
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 10, 2023
4.04 North Chico Village Plan Environmental Review and Associated Regional Early Action Planning
(REAP) Grant Funding - On May 25, 2021, the Board of Supervisors reviewed the North Chico
Village Plan, which was completed under a State of California SB -2 Grant. The Board directed the
Department of Development Services to follow-up on various items prior to taking action. Due to
competing priorities, further progress on this plan has not been accomplished at this time.
Additionally, while the plan provides information in the pursuit of the development of this area,
due to the requirement of municipal services, the area must be annexed into the City of Chico to
develop. In April 2021, a $216,250 grant through the REAP Grant administered by the State
Department of Housing and Community Development (HCD) was obtained to complete a CEQA
environmental review document for the North Chico Village Plan area. As this project will require
annexation to the City of Chico, and would ultimately develop in the City of Chico, the plan should
be considered complete and the REAP grant funding should be reallocated to an alternative
project, which would be reviewed for approval by HCD, and the Board of Supervisors — action
requested - 1) APPROVE THE NORTH CHICO VILLAGE PLAN AS COMPLETE; AND 2) DIRECT STAFF
TO WORK WITH HCD AND HAVE THE REAP GRANT RE -ALLOCATED FROM THE NORTH CHICO
VILLAGE PLAN TO AN ALTERNATIVE PROJECT TO BE DETERMINED BY STAFF AND THE BOARD OF
SUPERVISORS. (Development Services)
4.05 Job Order Contracts with Outback Contractors; BCM Construction Company; Hankins Group; T&S
Intermodal Maintenance Inc. dba T&S West; Hignell Inc. dba Experts in Your Home; Exbon
Development; Staples Construction and Mesa Energy Systems -Job Order Contracting (JOC) is an
alternative project delivery process that allows contractors to complete a substantial number of
individual projects with a single bid. Public Contract Code section 20128.5 allows the County to
implement a JOC services process to select vendors to complete specific individual project for
repairs, maintenance and other repetitive work to be done according to fixed unit prices under a
single umbrella contract executed by the Board of Supervisors. On October 26, 2021, the Board
awarded three contracts associated with the Department of General Services 2022 JOC Program
that to date has Yielded thirteen job order projects for a total cost of $565,038. The Department's
2023 JOC Program was advertised on October 13, 2022 and a total of eight responsive and
responsible bids were received on November 10, 2022. The eight bidders include a mix of general,
electrical and mechanical licenses to be most effective for the common repair and maintenance
needs of County facilities. Under Public Contract Code section 20128.5 and the current California
Consumer Price Index, each contract is for a term of one Year with a maximum contract value of
$2,000,000. While there is no minimum work guarantee, each contract will have the opportunity
to perform job orders totaling at least $25,000. Any individual job orders greater than $250,000
will return to the Board for additional approval. The Department recommends that the Board
award JOC contracts to: Outback Contractors, Inc. of Red Bluff; BCM Construction Company, Inc.
of Chico.; Hankins Group, Inc. of Chico; T&S Intermodal Maintenance, Inc. dba T&S West of
Stockton; Hignell, Inc. dba Experts in Your Home of Chico Exbon Development, Inc. of Garden
Grove, Staples Construction Company, Inc. of Rocklin; and Mesa Energy Systems, Inc. of Colusa —
action requested — AWARD JOC CONTRACTS (8) AND AUTHORIZE THE CHAIR TO SIGN. (General
Services)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 10, 2023
4.06 California Children's Services (CCS) Annual Plan for Fiscal Year 2022-23 - California Department of
Health Care Services (DHCS) guidelines and regulations, require the Department of Public Health
to prepare an annual Integrated Systems of Care Division (ISCD) Plan for the CCS program. The
ISCD plan provides budget information for the CCS program. The CCS program provides
specialized medical care and medical case management to children with medically eligible
conditions who meet the program criteria. Public school-based medical therapy units provide
physical and occupational therapy under a physician's orders. For the FY 2022-23 budget DHCS
significantly decreased allocations from FY 2021-22. This decrease was determined to be an error
attributed to a forecasting calculation mistake. DHCS has communicated understanding of the
constraints that the decrease has placed on administration of the CCS program and has
committed to reevaluating and reissuing an updated FY 2022-23 budget allocation, as warranted.
Due to the DHCS budgeting process, recalculations cannot be finalized until February 2023. Per
ISCD plan and fiscal guidelines a budget that reconciles to the annual allocation must be submitted
within 60 days of the allocation announcement letter. Due to the forecasting error and
subsequent notice of recalculation and redistribution of funds anticipated in February 2023, two
budgets are included in the plan: one to meet the requirement of reconciling to the current
allocation and one reflecting allocation reconciliation and actual expenses within approved
staffing standards — action requested - 1) APPROVE SUBMISSION OF THE FY 2022-23 PLAN TO THE
CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES FOR CCS; AND 2) AUTHORIZE THE CHAIR
TO SIGN PLAN DOCUMENTS. (Public Health)
4.07 Contracts (3) for On -Call Construction Management and Inspection Services - On September 15,
2022, the Department of Public Works issued a Request for Qualifications (RFQ) for on-call
construction management and inspection services. The RFQ identified that the Department
intended on entering into an on-call contract with one or more qualified firms to provide
construction management and inspection services to assist the Department. These contracts will
provide construction management and inspection services to support the Public Works
Infrastructure Master Plan and other construction activities. On October 23, 2022, the
Department received five Statements of Qualifications, which were evaluated and ranked based
on experience, capacity, and overall professional qualifications. The Department recommends the
Board of Supervisors enter into a contract with the top three firms: MGE Engineering, Inc. of
Sacramento, Unico Engineering, Inc. of Paradise, and Ghirardelli Associates, Inc. of Roseville. The
term of each contract is January 10, 2023, through January 10, 2028, not -to -exceed $500,000 for
a total amount of $1,500,000 for on-call constructions management and inspection services —
action requested —APPROVE CONTRACTS (3) AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
4.08 Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer
4.09 Board of Supervisors Public Comment (Continuation as Needed) - Comments to the Board on
issues and items not listed on the agenda. 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.
4.10 Items Removed from the Consent Agenda for Board Consideration and Action
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 10, 2023
5. PUBLIC HEARINGS AND TIMED ITEMS
5.01. 09:30AM — Timed Item — 2023 State and Federal Legislative Platform Discussion - Each year, the
Board of Supervisors considers and adopts platforms establishing priorities with regard to State
and federal legislation and regulation. These platforms provide a basis for advocacy throughout
the year. The draft 2023 platforms were prepared in consultation with department heads, input
from Board members and assistance from the County's State and federal consultants. The
documents continue to address issues such as public safety, health and human services, water,
public infrastructure, local government finances, and general government. In addition, the
documents contain legislative matters directly related to recovering from the numerous disasters
that the County has recently faced. Paul Yoder of Shaw Yoder Antwih Schmelzer and Lange will
discuss the State platform and provide updates regarding current legislative activities at the State
level. Kristi More of The Ferguson Group will discuss the federal platform and legislative activities
at the federal level. Final State and federal platform documents will be brought back before the
Board at the second meeting in January for consideration based on direction provided to staff —
action requested — PROVIDE DIRECTION TO STAFF. (County Administration)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 10, 2023
6. BOARD OF SUPERVISORS CLOSED SESSION
6.01 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. General Services
J. Human Resources Director
K. Information Systems Director
L. Library Director
M. Public Health Director
N. Public Works Director
O. Water and Resources Conservation Director
6.02 Conference with Labor Negotiator Pursuant to Government Code Section 54957.6:
Negotiators: Jack Hughes, Sheri Waters, and Casey Hatcher
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
6.03 Actual litigation Dursuant to Gov. Code Sec. 54956.9(d)(1) - one case:
a. California Department of Water Resources v. All Persons Interested in the Matter, Sacramento
County Superior Court, Case No. 34-2018-00246183.
Recess as the Butte County Board of Supervisors and Convene as the In -Home Supportive Services Public
Authority Board.
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 10, 2023
IN HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD
REGULAR MEETING AGENDA
JANUARY 10, 2023
1. CALL TO ORDER
2. CORRECTIONS AND/OR CHANGES TO THE AGENDA (NONE)
3. CONSENTAGENDA(NONE)
4. REGULAR AGENDA
4.01 CONTRACT WITH PAN AMERICAN LIFE INSURANCE COMPANY (PALIC) FOR GROUP HEALTH INSURANCE POLICY
AND ADMINISTRATIVE SERVICES --BUTTE COUNTY PUBLIC AUTHORITY AND UNITED DOMESTIC WORKERS HAVE
AGREED TO A HEALTH PLAN CONTRACT FOR THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES (IHSS) PUBLIC
AUTHORITY PROVIDERS FOR THE PLAN YEAR STARTING FEBRUARY 1, 2023. THE COST REMAINS $285.79 PER
MONTH FOR EACH ELIGIBLE PROVIDER UP TO A MAXIMUM OF 625 PROVIDERS. THE DEPARTMENT OF
EMPLOYMENT AND SOCIAL SERVICES RECOMMENDS ENTERING INTO A CONTRACT WITH PALIC FOR HEALTH
INSURANCE POLICY AND ADMINISTRATIVE SERVICES. THE TERM OF THE CONTRACT IS FEBRUARY 1, 2023
THROUGH FEBRUARY 1, 2024, NOT -TO -EXCEED $2,143,425—ACTION REQUESTED -1) APPROVE CONTRACT
AND AUTHORIZE THE CHAIR TO SIGN; AND 2) AUTHORIZE THE DEPARTMENT OF EMPLOYMENT
AND SOCIAL SERVICES DIRECTOR, IN HER CAPACITY ASTHE EX -OFFICIO IHSS PUBLIC AUTHORITY
DIRECTOR, TO SIGN ALL ADMINISTRATIVE DOCUMENTS WHICH ARE NECESSARYTO IMPLEMENT
THE INSURANCE PROGRAM. (EMPLOYMENT AND SOCIAL SERVICES)
5. PUBLIC COMMENT
6. IN HOME SUPPORTIVE SERVICES CLOSED SESSION (NONE)
Recess as the In -Home Supportive Services Public Authority Board and Reconvene as the Butte County Board
of Supervisors
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Butte County
Information and Procedures Concerning the Agenda and
Department Heads
Board of Supervisors Meetings
Agricultural
Commissioner:
Louie Mendoza
Meeting Information:
Assessor*:
Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are
Alyssa Douglass
held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. At
Auditor -Controller*:
the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed
Graciela Gutierrez
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
Behavioral Health:
website page.
Scott Kennelly
Agenda Information:
Chief Administrative
Officer:
The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72
Andy Pickett
hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board
Chief Probation Officer:
website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to explain
Melissa Romero
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
Child Support Services:
(please do not remove items from these files), and at the Clerk of the Board website. Copies of supporting
Sean Farrell
materials can be made for you at a charge to cover costs. The list of communications included with the agenda
Clerk -Recorder /
packages is not comprehensive. Additional communications to the Board of Supervisors may have been received
Registrar of Voters*:
but not included in the agenda supporting material. Copies of all communications received by the Board of
Keaton Denlay
Supervisors (excluding documents that are not a public record within the meaning of the Public Records Act) are
County Counsel:
available at the County Administrative Office upon request.
Brad Stephens
Agenda Format and Meeting Order:
Development Services:
Paula Daneluk
The agenda is usually organized into the following areas and meetings generally proceed in the following order:
1.
Public Comment: This is the area of the agenda where members of the audience may address the Board on any
District Attorney*:
matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda,
Mike Ramsey
but may respond to statements or questions and provide staff direction. Public Comment is limited to 3 minutes,
Employment & Social
and may be adjusted at the discretion of the Chair.
Services:
2.
Consent Agenda: These items are considered routine and are handled by one motion and vote of the Board. If
Shelby Boston
you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in the back of
Fire Chief:
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
Garrett Sjolund
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.
General Services:
3.
Regular Agenda: This is where presentations to the Board and items that require full discussion are heard. Items
Michael Hodson
removed from the Consent Agenda are discussed under this section.
Human Resources:
4.
Public Hearing and Timed Items: This is where items that are required by law to be heard as a public hearing are
Sheri Waters
set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time
Information Systems:
listed, but will never start before the time listed.
Paul LaValley
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.
Library:
Narinder Sufi
Public Participation:
Public Health:
It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow
Danette York
members of the public the opportunity to comment on all matters before the Board. Public participation is limited
Public Works:
to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. The
Joshua Pack
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
Sheriff -Coroner*:
Office, or viewed at the Clerk of the Board website.
Kory Honea
Treasurer -Tax Collector*:
The Board of Supervisors is also committed to making its proceedings accessible to all residents. Individuals with
Troy Kidd
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
LIC Cooperative
requests for special accommodations and/or alternative format documents must be made 48 hours prior to the
Extension Advisor:
meeting.
Luis Espino
Water & Resource
For further information contact the:
Conservation:
Clerk of the Board of Supervisors
Kami Loeser
County Administration Office
*Elected Official
25 County Center Drive, Suite 200, Oroville, CA 95965
530.552.3300
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