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HomeMy WebLinkAboutA102219SU5. PUBLIC HEARINGS AND TIMED ITEMS 5.07 12:30 PM - Budget Adjustment and Adoption of an Urgency Ordinance Amending Chapter 53 - "Camp Fire Disaster Recovery Ordinance" Adding Article V - "Hazard Tree Removal" to Establish Requirements of a Mandatory Hazard Tree Removal Program - Pursuant to California Government Code sections 25123(d) and 25131, County Administration and County Counsel recommend the adoption of an urgency ordinance regarding the removal of hazard trees related to the Camp Fire of 2018. The urgency ordinance would take effect immediately. The ordinance requires removal of hazard trees from private property that threaten roads and/or right-of-ways of County -maintained roads and improved public property to address numerous risks to the public peace, health and safety, and to promote the region's recovery from the Camp Fire. The ordinance requires property owners with hazard trees to either: 1) Enter into the Government Tree Program to remove hazard trees at no out-of-pocket cost to the owner; or 2) Register to participate in the Private Tree Program to identify and remove hazard trees at the sole cost of the owner. Owners are required to submit: A) A completed Government Tree Program Right -of - Entry Permit to participate in the Government Tree Program; or B) A completed Inspection Access Form to participate in the Private Tree Program. The identification of hazard trees for the Government Tree Program will be made by an arborist or forester based on federal and State criteria for hazard trees which pose a threat to the public as described in the ordinance. The Private Tree Program will adopt the same criteria for hazard trees as the Government Tree Program. If a parcel contains hazard trees and the owner does not enter into one of the programs, or the owner does not remove hazard trees prior to the deadline, the County will take legal action to enforce the ordinance and remove the hazard trees at the property owner's expense. The ordinance shall remain in effect from the date of adoption until the completion of the removal of the hazard trees, or unless modified by the Board of Supervisors. The Department recommends the Board approve a $1.7 million budget adjustment from General Fund Appropriations for Contingencies for the Right of Entry (ROE) Center. It is anticipated that costs for a hazard tree program are, except a 2.5% local share of cost, eligible for State and federal disaster reimbursement though it is not clear when those funds would be received. The County would operate a ROE Center and eventual Abatement Program. The State would do the actual tree removal. It is unclear if the State would bill the County for a share of cost — action requested — 1) WAIVE THE FIRST READING OF THE URGENCY ORDINANCE ENTITLED "AN ORDINANCE OF THE COUNTY OF BUTTE ADDING ARTICLE V, ENTITLED "HAZARD TREE REMOVAL," OF CHAPTER 53, ENTITLED "CAMP FIRE DISASTER RECOVERY ORDINANCE," TO ESTABLISH REQUIREMENTS OF A MANDATORY HAZARD TREE REMOVAL PROGRAM"; 2) ADOPT URGENCY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN (4/5 VOTE REQUIRED); AND APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (County Administration / County Counsel) BUTTE COUNTY BOARD OF SUPERVISORS MEMBERS OF THE BOARD STEVE LAMBERT, CHAIR, DISTRICT 4 CSUPPLEMENTAL AGENDA BILL CONNELLY, DISTRICT 1 N DEBRA LUCERO, DISTRICT 2 OCTOBER 22� 2019 TAMI RITTER, DISTRICT 3 C A L I F 0 R N!! I A` DOUG TEETER, DISTRICT 5 9:00 AM SHARI MCCRACKEN CHIEF ADMINISTRATIVE OFFICER MEETING LOCATION BRUCE ALPERT, COUNTY COUNSEL CLERK OF THE BOARD BOARD OF SUPERVISORS CHAMBERS 25 COUNTY CENTER DRIVE, SUITE 205 OROVILLE, CALIFORNIA 95965-3380 5. PUBLIC HEARINGS AND TIMED ITEMS 5.07 12:30 PM - Budget Adjustment and Adoption of an Urgency Ordinance Amending Chapter 53 - "Camp Fire Disaster Recovery Ordinance" Adding Article V - "Hazard Tree Removal" to Establish Requirements of a Mandatory Hazard Tree Removal Program - Pursuant to California Government Code sections 25123(d) and 25131, County Administration and County Counsel recommend the adoption of an urgency ordinance regarding the removal of hazard trees related to the Camp Fire of 2018. The urgency ordinance would take effect immediately. The ordinance requires removal of hazard trees from private property that threaten roads and/or right-of-ways of County -maintained roads and improved public property to address numerous risks to the public peace, health and safety, and to promote the region's recovery from the Camp Fire. The ordinance requires property owners with hazard trees to either: 1) Enter into the Government Tree Program to remove hazard trees at no out-of-pocket cost to the owner; or 2) Register to participate in the Private Tree Program to identify and remove hazard trees at the sole cost of the owner. Owners are required to submit: A) A completed Government Tree Program Right -of - Entry Permit to participate in the Government Tree Program; or B) A completed Inspection Access Form to participate in the Private Tree Program. The identification of hazard trees for the Government Tree Program will be made by an arborist or forester based on federal and State criteria for hazard trees which pose a threat to the public as described in the ordinance. The Private Tree Program will adopt the same criteria for hazard trees as the Government Tree Program. If a parcel contains hazard trees and the owner does not enter into one of the programs, or the owner does not remove hazard trees prior to the deadline, the County will take legal action to enforce the ordinance and remove the hazard trees at the property owner's expense. The ordinance shall remain in effect from the date of adoption until the completion of the removal of the hazard trees, or unless modified by the Board of Supervisors. The Department recommends the Board approve a $1.7 million budget adjustment from General Fund Appropriations for Contingencies for the Right of Entry (ROE) Center. It is anticipated that costs for a hazard tree program are, except a 2.5% local share of cost, eligible for State and federal disaster reimbursement though it is not clear when those funds would be received. The County would operate a ROE Center and eventual Abatement Program. The State would do the actual tree removal. It is unclear if the State would bill the County for a share of cost — action requested — 1) WAIVE THE FIRST READING OF THE URGENCY ORDINANCE ENTITLED "AN ORDINANCE OF THE COUNTY OF BUTTE ADDING ARTICLE V, ENTITLED "HAZARD TREE REMOVAL," OF CHAPTER 53, ENTITLED "CAMP FIRE DISASTER RECOVERY ORDINANCE," TO ESTABLISH REQUIREMENTS OF A MANDATORY HAZARD TREE REMOVAL PROGRAM"; 2) ADOPT URGENCY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN (4/5 VOTE REQUIRED); AND APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (County Administration / County Counsel)