HomeMy WebLinkAboutA100918 BUTTE COUNTY
BOARD OF SUPERVISORS MEMBERS OF THE BOARD
STEVE LAMBERT,CHAIR,DISTRICT 4
REGULAR MEETING AGENDA BILL CONNELLY,DISTRICT 1
p LARRY WAHL,DISTRICT 2
OCTOBER 9, 2018 MAUREEN KIRK,VICE CHAIR,DISTRICT 3
* C A L V r J R N I A DOUG TEETER,DISTRICT 5
9:00 AM
SHARI MCCRACKEN MEETING LOCATION
CHIEF ADMINISTRATIVE OFFICER Se BRUCE ALPERT,COUNTY COUNSEL
BOARD OF SUPERVISORS CHAMBERS
CLERK OF THE BOARD 25 COUNTY CENTER DRIVE,SUITE 205
OROVILLE,CALIFORNIA 95965-3380
1. CALL TO ORDER
Pledge of Allegiance
Observation of a Moment of Silence
2. CORRECTIONS AND/OR CHANGES TO THE AGENDA
3. CONSENT AGENDA
3.01 Revenue Agreement with Mental Health Services Oversight and Accountability Commission
(MHSOAC) for Triage Grant - On June 12, 2018, the Board of Supervisors approved a grant
agreement with MHSOAC for the Mental Health Triage Grant Program. Since that time, the
Governor's budget revisions decreased the grant funding available for the program. Instead of
revising the existing agreement, the MHSOAC has canceled the original agreement and
requested the approval of a new one. The Mental Health Triage Grant Program will expand the
Mobile Crisis Team by adding additional counselors and peer advocates.The Mobile Crisis Team
works with law enforcement to provide crisis-related outreach and engagement as well as
respond to 9-1-1 requests regarding possible psychiatric or emotional crises in the community.
The Department of Behavioral Health recommends entering into a revenue agreement with
MHSOAC for the provision of triage grant funding. The term of this agreement is from date of
execution through November 30, 2021, not-to-exceed $514,743—action requested -APPROVE
REVENUE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health)
3.02 Mental Health Services Act (MHSA) Plan - In November of 2004, California voters approved
Proposition 63 creating the MHSA, which imposed an additional income tax on California
residents making more than $1 million per Year. Most of the MHSA revenue is distributed to the
counties. In 2005, the Department of Behavioral Health began the community input process
through meetings, focus groups, surveys, and work groups to identify the community needs and
to develop local program/service plans.The County is required to update the MHSA program and
expenditure plans every Year.The proposed annual MHSA update for Fiscal Year(FY) 2018-19 is
the result of the collaboration of the Department's administrative team, the Department's
advisory board, and an extensive community input process which included multiple public
community input meetings, focus groups, and public surveys —action requested — 1) APPROVE
THE MHSA ANNUAL UPDATE; AND 2) AUTHORIZE THE BEHAVIORAL HEALTH DIRECTOR AND
AUDITOR-CONTROLLER TO SIGN ACCOUNTABILITY CERTIFICATION. (Behavioral Health)
Page 1
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—OCTOBER 9,2018
3.03 Memorandum of Understanding (MOU) Amendment with California Counties Mental Health
Services Authority (CaIMHSA) for Statewide Prevention and Early Intervention (PEI) Phase II
Sustainability Funding - On October 27, 2009, the Board of Supervisors approved the County's
membership in the CaIMHSA Joint Powers Authority (JPA). The purpose of CaIMHSA is to
administer the statewide Mental Health Services Act PEI projects. CaIMHSA acts on behalf of the
JPA member counties to develop mental and/or behavioral health services and education
programs, obtain funding, contract for services, collect data, make reports, and act as a
repository of information and expertise for such programs. The PEI Phase II Sustainability
Funding Plan includes an expansion of the services and support to the JPA member counties.The
expansion includes additional focus on the following topics:diverse communities(which includes
analysis of the public sector), schools, health care and workplace, prevention and reduction of
early childhood trauma and postpartum depression, and increasing public awareness of the link
between substance use disorders and related mental illness. The Department of Behavioral
Health seeks to participate in these PEI projects and will benefit from the additional resources
provided through CaIMHSA.The Department recommends amending the MOU with CaIMHSA to
provide administration of the Phase II PEI projects for FY 2018-19.The amendment increases the
maximum payable amount by$35,000, not-to-exceed$143,679.All other terms remain the same
action requested — APPROVE MOU AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Behavioral Health)
3.04 Approval of Minutes for Board of Supervisors Meeting-Submitted for approval are the minutes
for the September 25, 2018, Board of Supervisors regular meeting—action requested-APPROVE
BOARD MINUTES FOR SEPTEMBER 25, 2018, AND AUTHORIZE THE CHAIR TO SIGN. (County
Administration)
3.05 Resolution for the Continuation of Local Disaster Proclamation Due to the Cherokee and La Porte
Fires-A local emergency presently exists in Butte County due to the Cherokee and La Porte fires
in accordance with the proclamation made by the Chief Administrative Officer on October 9,
2017 and reaffirmed and ratified by the Board of Supervisors on October 10, 2017. The local
disaster proclamation enables the County to obtain State and federal dollars to help with the
recovery.The local emergency resulting from conditions of the Cherokee and La Porte fires is still
in effect as cleanup of the hazardous debris has not yet been completed and a local health
emergency is in effect. State law requires that the Board review the need for continuing the local
emergency every 30 days. At this point, the final duration of the emergency has not yet been
determined—action requested—1) CONFIRM THE NEED FOR CONTINUING THE PROCLAMATION
OF LOCAL CHEROKEE AND LA PORTE FIRE INCIDENT EMERGENCIES; AND 2)ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
3.06 Resolution Adopting Butte County Ethics Training Policy for Local Agency Officials - In 2011, the
Board of Supervisors adopted the County of Butte Ethics Training Policy (2011 Ethics Training
Policy), pursuant to Assembly Bill 1234 (AB 1234), and codified in part at Government Code
section 53235, et seq. County Administration recommends the Board adopt a resolution
updating the County's Ethics Training Policy, rescinding and replacing the 2011 Ethics Training
Policy. The updated policy designates the California Fair Political Practices Commission's on-line
Ethics Training Course as the County-approved Ethics Training Course, and defines the roles and
responsibilities of the Clerk of the Board and Department Heads in ensuring Local Agency
Officials, as defined by Government Code section 53234, complete an ethics training course
pursuant to AB 1234—action requested —ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (County Administration)
Page 2
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 9,2018
3.07 Resolution Adopting Butte County Expense Reimbursement Policy for Members of Legislative
Bodies-In 2006,the Legislature enacted Assembly Bill 1234(AB 1234)amending existing statutes
and adding additional statutes requiring that local agencies that provide reimbursement for
expenses to members of its legislative bodies adopt, in a public meeting, a written policy
specifying the types of occurrences which legislative body members may receive reimbursement,
other than meetings of the legislative body, or an advisory board or attendance at a conference
or organized educational activity. The Board of Supervisors adopted Resolution No. 06-023,
which established the Butte County Local Agency Officials' Expense Reimbursement and Ethics
Training Policy. County Administration recommends the Board of Supervisors adopt a resolution
and Expense Reimbursement Policy for Legislative Bodies, which will rescind and replace
Resolution No. 06-023, to update the format of the reimbursement policy, include clarity that
this is applicable only to legislative bodies and reference a required independent Ethics training
requirement — action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
(County Administration)
3.08 Ordinance Repealing Chapter 2, Article XIV of the Butte County Code entitled "Community
Development Account" - Chapter 2, Article XIV of Butte County Code established a Community
Development Account (CDA) to contain federal revenue sharing funds for the construction of
certain public improvements such as sewers, storm drains, storm water collection, and other
drainage facilities. In 1987,the federal revenue sharing program was discontinued and by 1999,
the majority of the balance in the CDA had been expended on the designated projects. Due to
the lack of funding to the CDA, in June 2018 the Auditor-Controller transferred the residual
balance in the CDA to the General Fund. Staff, in concurrence with the Auditor-Controller's
Office, now recommends that Butte County Code be amended by removing all of Chapter 2,
Article XIV and the CDA be closed. The amended ordinance repealing Chapter 2, Article XIV of
the Butte County Code was introduced to the Board of Supervisors at the September 25, 2018,
Board meeting. County Administration recommends that the Board adopt the amended
ordinance and authorize the Chairto sign. The amended ordinance will become effective 30 days
after adoption — action requested —ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
(County Administration)
3.09 Approval of the Conflict of Interest Code of the Butte County Consolidated Oversight Board-The
Butte County Consolidated Oversight Board has adopted a Conflict of Interest Code, which is
being submitted for approval to the Board of Supervisors as the code reviewing body. County
Counsel has reviewed the Butte County Consolidated Oversight Board's Conflict of Interest Code
and believes it to be proper—action requested -APPROVE THE CONFLICT OF INTEREST CODE OF
THE BUTTE COUNTY CONSOLIDATED OVERSIGHT BOARD. (County Counsel)
3.10 Distribution of Excess Proceeds from the Sale of Tax-Defaulted Property - In June 2017, the
Treasurer-Tax Collector sold 17 parcels of tax-defaulted property,and claims for excess proceeds
were received on 12 of the parcels. The Treasurer-Tax Collector requested that County Counsel
evaluate the claims received and recommendations regarding 11 of the parcels presented for
adoption. Claims regarding the remaining parcel require further review and will be presented at
a later date. Pursuant to Revenue and Taxation Code section 4675,the Board of Supervisors may
order distribution of the excess proceeds as recommended — action requested 1) ADOPT THE
RECOMMENDATIONS REGARDING THE DISTRIBUTION OF EXCESS PROCEEDS FROM THE SALE OF
TAX-DEFAULTED PROPERTY; AND 2) ORDER DISTRIBUTION PURSUANT TO REVENUE AND
TAXATION CODE SECTION 4675. (County Counsel)
Page 3
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 9,2018
3.11 Land Conservation (Williamson) Act Contract with Betty Blue for Parcel on Cox Lane - The
Williamson Act Advisory Committee (the Committee) recommends entering into a contract to
enroll approximately 254 acres in the Williamson Act. The property consists of one parcel (APN
027-230-004) located on both sides of Cox Road approximately six miles southeast of the City of
Oroville.The parcel would be enrolled in the Williamson Act under a contract for dry land grazing.
The application meets all requirements of the Williamson Act program.The Committee reviewed
the application, LCA15-0004 (Blue), on September 10, 2018, and recommends enrollment of the
property subject to the applicant's payment of any outstanding fees. The making of Williamson
Act contracts is exempt from review under the California Environmental Quality Act per
Categorical Exemption 15317 Open Space Contracts or Easements-action requested—APPROVE
CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Development Services)
3.12 Land Conservation (Williamson)Act Contract with Adam Konyn et al.for a Parcel Located on the
Midway-The Williamson Act Advisory Committee (the Committee) recommends entering into a
contract to enroll 30.2 acres in the Williamson Act.The property consists of one parcel (APN 040-
280-120) located on the east side of the Midway approximately one mile south of the Durham-
Dayton Highway and Midway intersection. The parcel would be enrolled in the Williamson Act
under a contract for orchard use. The question of whether the property meets the definition of
"Prime" farmland is central to determining whether it qualifies for enrollment in the Williamson
Act. The Committee reviewed the application on September 10, 2018, and discussed the
alternative definitions of "Prime" farmland under the California Farmland Monitoring and
Mapping Program versus under Government Code section 51201. The Committee concluded
that the definition under Government Code section 51201 is the appropriate standard to apply
for Williamson Act reviews. Based on that definition, the Committee concluded that the subject
property qualifies as "Prime" farmland and thus qualifies for enrollment in the Williamson Act.
The Committee therefore recommends enrollment of the property subject to the applicant's
payment of any outstanding fees.The making of Williamson Act contracts is exempt from review
under the California Environmental Quality Act per Categorical Exemption 15317 Open Space
Contracts or Easements—action requested -APPROVE CONTRACT AND AUTHORIZE THE CHAIR
TO SIGN. (Development Services)
3.13 Non-renewal of Land Conservation (Williamson) Act Parcels Located on Oro-Bangor Highway
The Assessor's Office identified three parcels out of compliance with the Williamson Act because
they do not meet the minimum parcel size requirement, and were sold into separate ownership.
The Williamson Act Advisory Committee reviewed the item on March 5, 2018 and May 21, 2018,
and recommended non-renewal of APN: 079-270-050, APN: 079-270-051, and APN: 079-170-
005, due to the sale of these substandard-size parcels out of the applicable Williamson Act
contract ownership in conflict with program requirements.The County served written notice of
non-renewal of the contract upon the landowner in compliance with Government Code section
51245. The County has not received a protest from the owner — action requested - APPROVE
COUNTY-INITIATED NOTICE OF NON-RENEWAL AND AUTHORIZE THE CHIEF ADMINISTRATIVE
OFFICER TO SIGN. (Development Services)
Page 4
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 9,2018
3.14 Resolution Designating Butte County as the Administrative Entity for the California Emergency
Solutions and Housing Program (CESH) -The California Department of Housing and Community
Development has made available approximately $53 million for the CESH Program, which
provides grants to administrative entities to assist persons who are experiencing or at risk of
homelessness. The local Butte County Continuum of Care has designated Butte County as the
administrative entity. If awarded, Butte County will receive $1,002,650 in grant funds. The
Department of Employment and Social Services recommends adopting a resolution to allow the
County to receive CESH funds, and authorize the Directors of the Department of Employment
and Social Services, the Department of Behavioral Health, or the Chief Administrative Officer to
execute any agreements and subsequent related documents — action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services)
3.15 Resolution to Amend the Salary Ordinance-The Department of Human Resources has prepared
a resolution to amend the Salary Ordinance for the Sheriff's Office: Add 1 Correctional Deputy
(term position to end December 31, 2021).This position is funded by the California Department
of State Hospitals to provide a Jail Based Competency Treatment Program. Total allocations to
increase by 1.There will be no impact on the General Fund Budget—action requested -ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
3.16 Professional Employees Association (PEA)Side Letter Agreement-The Department of Behavioral
Health continues to experience challenges related to the recruitment and retention of
psychiatrists to provide critical mental health services to the community.The ongoing challenge
to provide these services is largely due to the retirement of staff, and the shortage of
psychiatrists in Butte County and across California. In an effort to remain competitive and
recognize the market rate for weekday standby coverage, the Department recommends
approval of a side letter with PEA increasing weekday standby pay for psychiatrists from $40 for
each eight hour standby shift to a flat rate of $300 for covering a weekday standby shift
commencing at 5:00 pm and ending at 8:00 am the following morning, Monday through Thursday
—action requested - APPROVE SIDE LETTER AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Human Resources)
3.17 Resolution Recognizing Ruthmarie Ferris for Her Service to the Libraries - Ruthmarie Ferris is a
founding member of the Butte County Library Advisory Board and has served faithfully and
continuously for 15 years. The Library Advisory Board recommends the Board of Supervisors
adopt a resolution honoring Ms. Ferris for her many years of dedication to the Library as a whole,
and to the Oroville branch in particular — action requested — ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (Library)
3.18 Contract Amendment with Lexipol, LLC for Juvenile Custody Policy Manual-The County currently
has a contract with Lexipol, LLC for the provision of a comprehensive Law Enforcement Policy
Manual and Daily Training Bulletins with policy content that is specific to federal,State, and local
laws. The Probation Department recommends amending the contract to include the new
Juvenile Custody Policy Manual that Lexipol, LLC has developed. The amendment increases the
maximum payable amount by$10,377, not-to-exceed $25,599. All other terms remain the same
—action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Probation)
Page 5
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 9,2018
3.19 Grant Agreement with State of California Office of Traffic Safety(OTS)for Pedestrian and Bicycle
Safety Program -The Department of Public Health requests approval of a grant agreement with
the State of California OTS for the provision of a Pedestrian and Bicycle Safety Program.The goal
of the program is to reduce the number of persons killed or injured in crashes involving
pedestrians and bicycles. The Department will perform classroom education, bicycle rodeos,
attend community events, and provide presentations and workshops. Efforts will focus in
communities with high numbers of pedestrian and/or bicycle related collisions including
underserved communities, older adults, and school-aged children. The term of the grant
agreement is October 1, 2018 through September 30, 2019,with a maximum amount receivable
not-to-exceed$40,000—action requested-APPROVE GRANT AGREEMENT AND AUTHORIZE THE
CHAIR, THE PUBLIC HEALTH GRANT DIRECTOR, AND THE PUBLIC HEALTH FISCAL OFFICIAL TO
SIGN. (Public Health)
3.20 Contract with the California Product Stewardship Council (CPSC)for Household Hazardous Waste
(HHW) Promotion and Education Services - Butte County was awarded a California Department
of Resources Recycling and Recovery(CalRecycle)grant in the amount of$100,000. The grant is
for promotion of HHW facilities in the County with a public education campaign. The outreach
will promote HHW facilities including days and hours of operation, common HHW materials
accepted, and options for reuse of these materials. The outreach will also focus on specific
materials that are often mishandled in the waste stream such as propane cylinders and
fluorescent bulbs. The campaign may include print, radio, television, and outdoor media. The
grant application was submitted on a regional basis with Butte County partnering with the City
of Oroville to collaborate on a consistent message to educate residents. This grant will also
benefit other jurisdictions in Butte County by providing clear messaging to all Butte County
residents about their options for HHW.The County published a Request for Quotations for grant
management and HHW promotion services. CPSC was the only respondent and their proposal
demonstrated a high degree of experience promoting HHW services to residents. The
Department of Public Works recommends entering into a contract with CPSC for HHW outreach.
The term of this contract is from the date of execution to September 30, 2021, not-to-exceed
$100,000—action requested-APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Public
Works)
3.21 2018 Annual Inmate Welfare Expenditure Report - Per Penal Code section 4025(e), the Sheriff
shall report annually on Inmate Welfare Fund expenditures. In FY 2017-18, $1,250,042 was
expended to benefit the inmates of the Butte County Jail. Included in the staff report is a listing
of the itemized purchases/expenditures — action requested - ACCEPT FOR INFORMATION.
(Sheriff-Coroner)
3.22 Revenue Contract with State of California Department of Hospitals for Jail Based Competency
Treatment - The Sheriff's Office recommends entering into a contract with the California
Department of State Hospitals for a jail based competency treatment program. The purpose of
the program is to provide treatment services to restore competency for inmates that have been
found by the courts to be incompetent to stand trial under Penal Code section 1370. The term
of the contract is November 1, 2018 through October 31, 2021, with anticipated revenue in the
amount of$2,313,942—action requested — 1) APPROVE REVENUE CONTRACT AND AUTHORIZE
THE CHAIR TO SIGN; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Sheriff-
Coroner)
Page 6
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—OCTOBER 9,2018
3.23 Resolution in Support of the Submission of an Application for a Sustainable Groundwater
Planning Grant to Develop Groundwater Sustainability Plans-On October 24, 2017,the Board of
Supervisors adopted a Resolution in Support of the Submission of an Application for a
Sustainable Groundwater Planning Grant to Improve Groundwater Recharge(Resolution No. 17-
180). The resolution was a required component of the grant application and was based on a
template provided by the California Department of Water Resources. On May 8, 2018, Butte
County received notification that the grant for$1,498,800 was conditionally awarded subject to
the execution of a grant agreement. The Department of Water and Resource Conservation was
informed by the California Department of Water Resources that changes are required to
Resolution No. 17-180 prior to execution of the grant agreement. The proposed resolution
clarifies the authorization of the Board of Supervisors to the Director of the Department of Water
and Resource Conservation to administer the grant, and will rescind and replace Resolution No.
17-180—action requested—ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Water
and Resource Conservation)
3.24 Resolution Recognizing October 2018 as Domestic Violence Awareness Month -In recognition of
the important work done by domestic violence programs, it is requested that the Board of
Supervisors recognize the month of October 2018 as Domestic Violence Awareness Month, and
urge all residents to participate in the scheduled activities and programs sponsored by Catalyst
Domestic Violence Services to work towards building healthy relationships and eliminating
intimate partner violence—action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN. (Other—Catalyst Domestic Violence Services)
4. REGULAR AGENDA
4.01 Items Removed from the Consent Agenda for Board Consideration and Action
4.02 Boards, Commissions, and Committees
(List available at_http://www.buttecounty.net/clerkofthe boa rd/AppointmentsList.asp
x)
A. Appointments to Listed Vacancies
1. 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 2018
conference, which will be held in San Diego County, starts November 27, 2018. Any
member of the Board of Supervisors is eligible to be nominated as Director.
Appointments will be done by the CSAC Executive Committee — action requested -
NOMINATE BOARD OF SUPERVISORS REPRESENTATIVE AND ALTERNATE
REPRESENTATIVE TO ONE-YEAR TERMS BEGINNING NOVEMBER 27, 2018. (County
Administration)
2. Appointments to the Wyandotte Creek Groundwater Sustainability Agency - On
September 18, 2018, the Wyandotte Creek Groundwater Sustainability Agency (GSA)
was created through the Wyandotte Creek Joint Powers Agreement. Pursuant to the
agreement, the Board of Supervisors must appoint two of its members to serve on the
Wyandotte Creek GSA governing board. One appointment will fill the primary seat on
the Wyandotte Creek GSA governing board, and the other appointment will serve as an
alternate — action requested - APPOINT TWO BOARD MEMBERS, (PRIMARY AND
ALTERNATE) TO SERVE FOUR YEAR TERMS ON THE WYANDOTTE CREEK GSA BOARD.
(Water and Resource Conservation)
Page 7
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—OCTOBER 9,2018
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)
4.03 Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer
4.04 Introduction of an Ordinance Regarding Compensation of Members of the Board of Supervisors
The salary of members of the Board of Supervisors (Board Members) is set by ordinance. The
current ordinance, Ordinance No. 4135, specifies that upon notification of any increase in the
salary of the judges, the Board of Supervisors may adopt an ordinance or amended ordinance
increasing the salaries of each Board Member by the same percentage increase as the judges, as
long as the increase does not exceed 5%. The increase shall not be effective prior to the effective
date of the related increases in salary for the judges.The County received notification that there
is a retroactive increase to the judicial salaries in the amount of 2.89% effective July 1, 2018.
With the current annual salary set at $59,284, the increase of 2.89% will increase the annual
salary of Board Members by $1,713 to $60,997 per year retroactive to July 1, 2018. Once
adopted, the proposed ordinance will supersede and replace Ordinance No. 4135 to reflect the
new annual salary of Board Members. The ordinance will return to the Board of Supervisors for
adoption on October 23, 2018 and will not become effective until December 29, 2018, which is
greater than 60 days after adoption, as required by law— action requested -WAIVE THE FIRST
READING OF THE ORDINANCE. (County Administration)
4.05 Development Services' Request for Board Direction
A. Request for Direction on Zoning Ordinance Amendment to Article 16, Riparian Areas - On
August 28, 2018, the Board of Supervisors directed staff to bring back for discussion and
direction the issue of the 50-foot Riparian Area setback imposed under Chapter 24, Article
16— Riparian Areas, especially concerning intermittent streams in commercial zones. The
Board directed staff to develop criteria for consideration to address development within
the 50-foot Riparian Area setback when circumstances warranted. Development Services
staff prepared amendments to Article 16 proposing an administrative permit process for
development within the Riparian Area under certain circumstances and subject to
performance requirements — action requested - DIRECT STAFF TO PREPARE AN
AMENDMENTTOTHE ZONING ORDINANCE,AMENDING BUTTE COUNTYCODE CHAPTER 24,
ARTICLE 16, RIPARIAN AREAS, PROVIDING AN ADMINISTRATIVE PERMIT PROCESS FOR
CERTAIN DEVELOPMENT WITHIN THE RIPARIAN AREA. (Development Services)
B. Request for Direction on Amendments to the General Plan and Zoning Map Boundary
Correction for One Parcel in the Lake Madrone Community - A mapping error took place
concerning a single 2.36 acre parcel in Lake Madrone (APN: 062-280-024, 431 Lakeside
Way). From this parcel's proximity along the edge of Lake Madrone, it is apparent that the
Public Zoning District created for Lake Madrone was erroneously applied to the parcel. The
existing parcel has been in private ownership since 1973 (Parcel Map Book 48, page 2).
Other similar residential parcels in this area are zoned VLDR(Very Low Density Residential).
Staff considers this amendment correction for a mapping error, in accordance with section
24-8 (D) to reflect the accurate designations — action requested — DIRECT STAFF TO
CORRECT THE GENERAL PLAN AND ZONING FROM P(PUBLIC)TO VLDR (VERY LOW DENSITY
RESIDENTIAL) FOR APN: 062-280-024. (Development Services)
Page 8
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-OCTOBER 9,2018
5. PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:45 am—PG&E Community Wildfire Safety Program—Presentation by Joe Wilson regarding the
Community Wildfire Safety Program—action requested—ACCEPT FOR INFORMATION. (Other—
PG&E)
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 Employee Employment, Appointment, Recruitment, Performance Evaluations, Including
Goals, Pursuant to Government Code Section 54957:
1. Agricultural Commissioner
2. Behavioral Health Director
3. Chief Administrative Officer
4. Chief Probation Officer
5. Child Support Services Director
6. County Counsel
7. Development Services Director
8. Employment and Social Services Director
9. Human Resources Director
10. Information Services Director
11. Library Director
12. Public Health Director
13. Public Works Director
14. Water and Resources Conservation Director
7.02 Actual Litigation Pursuant to Government Code Section 54956.9(d)(1):
1. John Dohmen v. County of Butte, Workers' Compensation Appeals Board Case No.
ADJ10841049; Claim No. BUAM-550451; and
2. Michael Woolbert v. County of Butte; Worker's Compensation Appeal Board Case No.
ADJ11031076; Claim No. BAUD-550562.
Page 9
Butte County Information and Procedures Concerning the Agenda and
Department Heads Board of Supervisors Meetings
Agricultural
Commissioner:
Luis 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
Diane Brown 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
Auditor-Controller*: as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted
Dave Houser meeting calendar for the year are available in the County Administrative Office or on the Clerk of the Board
Behavioral Health: website page
Dorian Kittrell
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
Shari McCracken 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
Chief Probation Officer:
Steve Bordin 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
Child Support Services: libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies of
Sean Farrell supporting materials can be made for you at a charge to cover costs. The list of communications included with
Clerk-Recorder-Registrar the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have
of Voters*: been received but not included in the agenda supporting material. Copies of all communications received by the
Candace Grubbs Board of Supervisors(excluding documents that are not a public record within the meaning of the Public Records
Act)are available at the Administrative Office upon request.
County Counsel:
Bruce Alpert Agenda Format and Meeting Order:
Development Services: The agenda is usually organized into the following areas and meetings generally proceed in the following order:
Tim Snellings 1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the
District Attorney*: Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in
Mike Ramsey 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
Employment&Social podium and request the item be removed. The removed items are discussed at the end of the Regular Agenda.
Services:
Shelby Boston 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.
Fire Chief: 3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are
Darren Read set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time
General Services: listed,but will never start before the time listed.
Grant Hunsicker 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,
Human Resources: but may respond to statements or questions and provide staff direction.
Pamela Knorr 5. Closed Session: the Board is authorized,by law,to meet in a closed session in certain circumstances. This area
Information Systems: of the agenda identifies those items that will be discussed during the closed session.
Art Robison
Public Participation:
Library:
Melanie Lightbody 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
Public Health: to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3.
Cathy Raevsky The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing
Public Works: of these policies and procedures can be found in the printed booklet agenda, obtained at the County
Dennis Schmidt Administrative Office,or viewed at the Clerk of the Board website.
Sheriff-Coroner*: The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with
Kory Honea 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.
Treasurer-Tax Collector*: to request disability-related modifications/accommodations or to request materials in alternate formats. All
Peggy Moak requests for special accommodations and/or alternative format documents must be made 48 hours prior to the
UC Cooperative Extension meeting.
Program Advisor: For further information contact the:
Emily Symmes
Clerk of the Board of Supervisors
Water&Resource County Administration Office
Conservation: 25 County Center Drive,Suite 200,Oroville,CA 95965
Paul Gosselin 530-552-3300
*Elected Official
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