HomeMy WebLinkAboutA092920ASHARI MCCRACKEN
CHIEF ADMINISTRATIVE OFFICER &
CLERK OF THE BOARD
1. CALL TO ORDER
BUTTE COUNTY
BOARD OF SUPERVISORS
AMENDED
REGULAR MEETING AGENDA
SEPTEMBER 29, 2020
9:00 AM
MEETING LOCATION
BOARD OF SUPERVISORS CHAMBERS
25 COUNTY CENTER DRIVE, SUITE 205
OROVILLE, CALIFORNIA 95965-3380
Pledge of Allegiance
Observation of a Moment of Silence
2. CORRECTIONS AND
3. CONSENT AGENDA
R CHANGES TO THE AGENDA
MEMBERS OF THE BOARD
STEVE LAMBERT, CHAIR, DISTRICT 4
BILL CONNELLY, DISTRICT 1
DEBRA LUCERO, DISTRICT 2
TAW RITTER, DISTRICT 3
DOUG TEETER, VICE CHAIR, DISTRICT 5
BRUCE ALPERT, COUNTY COUNSEL
3.01 Agreement Amendment with Kofile Technologies, Inc. for Image Archive Services — The Clerk -
Recorder's Office recommends amending the contract with Kofile Technologies, Inc. (formally
known as PFA, Inc.) for image archive services. The amendment extends the term of the contract
by five years through August 31, 202; increases the maximum payable amount by $75,000, not -
to -exceed $99,000; and provides for an annual review of costs. All other terms remain the same
— action requested — APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN.
(Clerk -Recorder)
3.02 Resolution Recognizing Shari McCracken Upon her Retirement from Butte County — County
Administration recommends the Board of Supervisors adopt a resolution in recognition of Shari
McCracken, Chief Administrative Officer, upon her retirement from Butte County effective
September 30, 2020, after 37 years of service to public and nonprofit agencies and organizations,
including nearly 16 years in Butte County — action requested — ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (County Administration)
Page 1
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - SEPTEMBER 29, 2020
3.03 Resolution Recognizing the North Valley Community Foundation (NVCF) for its Support of Butte
County after the Camp Fire—The 2018 Camp Fire was the deadliest and most destructive wildfire
in California history. The fire took the lives of 85 people; burned more than 153,000 acres;
damaged or destroyed more than 19,000 structures in the Town of Paradise and the
unincorporated communities of Paradise Pines, Magalia, Concow, Yankee Hill, Pulga, Butte Creek
Canyon, Butte Valley, and surrounding areas; and displaced more than 14,000 families. As the
fire burned through local communities on November 8, 2018, the NVCF acted quickly to establish
the Camp Fire Relief Fund. Over the ensuing days and months, thousands of individual donations
poured in, ranging from coins from children's fundraising efforts to million -dollar contributions
from large businesses and organizations. The NVCF awarded $4,234,041 to various County
offices and departments including the Butte County Sheriff's Office, the Departments of
Behavioral Health, Development Services, Employment and Social Services, and County
Administration to assist with immediate needs after the Camp Fire as well as ongoing recovery
efforts. The NVCF has issued more than $35 million in grants to date for Camp Fire relief, and
much more through separate donor -advised and charitable funds. While the NVCF awarded 600
grants to nearly 500 organizations in the year and a half after the fire, it expects to be issuing
grants for the long-term recovery process for at least the next two years. The County is fortunate
to have a community foundation with experience operating relief funds for other local, national,
and international disasters. The communities ravaged by the Camp Fire are well served by the
tireless efforts of this organization, and County Administration recommends the Board of
Supervisors recognize the NVCF for its generous and unwavering support after the Camp Fire —
action requested — ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN. (County
Administration)
3.04 Fiscal Year (FY) 2019-20 Year End Budget Adjustments — Each year, as part of the year-end
process, an analysis is completed to identify budget adjustments to address deficit budget
balances from the previous year. The recommended budget adjustments include increased
appropriations of $11,413,235 in various funds, offset by $11,400,725 in unanticipated revenues,
and $12,510 in use of fund balances. $11,377,583 of this adjustment is related to transfers of
federal and State disaster reimbursements to various County funds related to both the Camp
Fire and COVID-19. The adjustments do not require the use of General Fund Appropriation for
Contingencies. The Fourth Quarter Financial Report, typically presented to the Board of
Supervisors in November, will provide greater detail and analysis of FY 2019-20 expenditures and
revenues —action requested —APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (County
Administration)
3.05 FY 2020-21 Budget Adjustments and Capital Asset Purchase Authority — Each fall, County
Administration coordinates a consolidated budget adjustment for multiple departments
containing routine budget adjustments that are needed in transitioning to the new fiscal year.
Staff have updated revenue estimates, as well as more precise cost estimates for projects and
purchases spanning fiscal years that need to be rebudgeted in FY 2020-21, and have identified a
number of recommended budget clean-up actions. The adjustments include Capital Asset
purchase authority for seven vehicles, to include parts and equipment, as well as equipment to
log communications on the County's new radio system. The adjustments total $19,242,060 in
additional appropriations, including transfers between funds and a $202,119 transfer from
General Fund Appropriation for Contingencies as detailed in the staff report. The remaining
adjustments are offset by the use of fund balances or increased revenue — action requested —
1) APPROVE BUDGET ADJUSTMENTS INCLUDING GENERAL FUND APPROPRIATION FOR
CONTINGENCIES (4/5 VOTE REQUIRED); AND 2) AUTHORIZE CAPITAL ASSET PURCHASES (7).
(County Administration)
Page 2
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - SEPTEMBER 29, 2020
3.06 Memorandum of Understanding between Butte Countv and Butte Countv Fair Association —With
the experience and knowledge gained from the Camp Fire, the Butte County Fair Association
desires to complete its own Emergency Operations Plan and has requested financial assistance
utilizing funds from the Emergency Management Performance Grant (EMPG), awarded to the
County from the California's Governor's Office of Emergency Services. EMPG is a reimbursement
grant and requires a 50% match, which can be third -party -in-kind contributions. The Butte
County Fair Association will fund the qualifying match for EMPG. The County's Office of
Emergency Management will be the liaison between the Butte County Fair Association and the
California's Governor's Office of Emergency Services for purposes of filing claim reimbursement
of paid contracted expenses. The County Administration departments recommends approval of
a Memorandum of Understanding with Butte County Fair Association from the date of execution
to June 15, 2021 not to exceed $42,500 — action requested — APPROVE MEMORANDUM OF
UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
3.07 Resolution Authorizing the County to Participate in the No Place Like Home (NPLH) Program and
to Apply for additional NPLH Funding— In September 2019, the California Department of Housing
and Community Development (HCD) released its Notice of Funding Availability for the second
round of NPLH competitive funds. These funds can be used to develop permanent supportive
housing for individuals with serious mental illness who are experiencing either homelessness,
chronic homelessness, or at risk of chronic homelessness. The Departments of Behavioral Health
(DBH) and Employment and Social Services (DESS), in collaboration with Community Housing
Improvement Program, Inc. (CHIP), a non-profit corporation with 46 years of affordable housing
development experience, are proposing to develop Creekside Place, a 101 -unit, mixed use, multi-
family housing project. One hundred units will serve extremely low and low-income seniors, 62
years and older, and 15 of the 100 units will assist NPLH seniors. The City of Chico owns the 4.92
acre site, located on Notre Dame Boulevard near Humboldt Road and will provide a long-term
lease to CHIP for the affordable housing development. The City will also be providing project
financing. CHIP, the development sponsor, will be the developer, owner, and provide property
management for the project. DBH will allocate project financing and provide supportive services
for the 15 NPLH units. The County applied for $6,058,110 in grant funds, which includes
$1,659,786 in non-competitive funding. On November 19, 2019, the Board of Supervisors
adopted Resolution No. 19-297 authorizing a joint submission of a No Place Like Home (NPLH)
competitive application. At the time, Scott Kennelly was the Interim Director of Behavioral
Health. On June 26, 2020, HCD awarded the County and CHIP the requested NPLH competitive
funds. HCD is preparing grant award documents and has requested a resolution that updates the
description in Section 2 from Interim Director to Director of Butte County Department of
Behavioral Health — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (Behavioral Health and Employment and Social Services)
3.08 Budget Adjustment and Resolution to Amend the Salary Ordinance —The County was awarded a
$185,669 three year Public Health Stop Tobacco Access to Kids Enforcement (STAKE) grant which
was approved by the Board of Supervisors on July 21, 2020. The grant covers a portion of a Code
Enforcement Officer plus equipment for three years. To implement the grant the Department
recommends the Board adopt a resolution amending the salary ordinance to add a Code
Enforcement Officer position (term to end October 31, 2023) and approve a budget adjustment
of $65,602 with an offsetting revenue from Public Health to fund a portion of the position. The
portion of the position not funded by the grant will be covered by the Department's existing
budget for code enforcement extra hel p ($8,428 in FY 2020-21) — action requested —1) APPROVE
BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); AND 2) ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN. (Development Services)
Page 3
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — SEPTEMBER 29, 2020
3.09 Land Conservation (Williamson) Act Contract with JEM Farms LP, for a Parcel South of the Citv of
Oroville — The Williamson Act Advisory Committee recommends enrolling 157.75 acres owned
byJEM Farms L.P. in the Williamson Act. The subject property consists of Assessor Parcel Number
024-240-057 on the west side of State Route 70 approximately 2,000 feet south of Central House
Hill Road and 6.8 miles south of the City of Oroville. The parcel would be enrolled in the
Williamson Act under a contract for walnut orchard production. The application meets all
requirements of the Williamson Act program. The Williamson Act Advisory Committee reviewed
the application (LCA18-0010) on November 4, 2019 and recommended enrollment of the
property to the Board of Supervisors subject to the ranch house on this parcel either being
permitted as agricultural worker housing, decommissioned, or demolished prior to enrollment
of this parcel as well as the applicant's payment of any outstanding fees. All recommended
conditions of approval have been met. The making of Williamson Act contracts is exempt from
review under the California Environmental Quality Act (CEQA) per Categorical Exemption 15317
Open Space Contracts or Easements — action requested — APPROVE CONTRACT AND AUTHORIZE
THE CHAIR TO SIGN. (Development Services)
3.10 Approve Budget Adjustment - Assistance to Firefighters Grant Program — The Fire Department
applied for the Assistance to Firefighters Grant Program which provides for the purchase of
personal protective equipment and related supplies, including reimbursements to prevent,
prepare for, and respond to COVID-19. The Department received notice that the grant has been
awarded in the amount of $88,792. This grant has no match, and there is no cost to the County
—action requested —APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Fire)
3.11 Approve Budget Adjustment - California Fire Foundation Grant Program —The Fire Department
applied for the California Fire Foundation Grant Program which provides for the purchase of
Prevention Bureau Arson Investigation and Defensible Space Inspection Equipment. The
Department received notice that the Grant has been awarded in the amount of $10,000. This
grant has no match, and there is no cost to the County — action requested — APPROVE BUDGET
ADJUSTMENT (4/5 VOTE REQUIRED). (Fire)
3.12 Grant Agreement with the Department of Forestry and Fire Protection for the Volunteer Fire
Assistance Program and Resolution Approving Grant Award — In FY 2020-21, the Fire Department
applied for and budgeted for the Volunteer Fire Assistance grant. The Fire Department received
notice that the grant was awarded in the amount of $40,000 and requires a $20,000 match. The
grant provides for wildland Personal Protective Equipment (PPE) to replace old and worn out
PPE, fire shelters, and flashlights for Volunteer Firefighters. The Department recommends
entering into a grant agreement with the California Department of Forestry and Fire Protection
for the Volunteer Fire Assistance Program and adopting a resolution authorizing the acceptance
of the grant agreement. The term of the grant agreement is from approval through June 30,
2021. The grant and matching funds are included in the FY 2020-21 Adopted Budget — action
requested — 1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE
GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Fire)
Page 4
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - SEPTEMBER 29, 2020
3.13 Budget Adjustment and Resolution to Amend the Salary Ordinance — Due to multiple emergency
response incidents, including the 2020 North Complex Fire, COVID-19, and the Camp Fire, there
is a large amount of documentation that needs to be reconciled and verified prior to submitting
the documentation to FEMA. Additional staffing is necessary to process this increase in
workload. The Department of General Services recommends the addition of a term flexibly
staffed Administrative Analyst position, ending on April 20, 2022. In addition, the Department
recommends a budget adjustment from General Fund Appropriation for Contingencies in the
amount of $55,000 to fund this position. It is anticipated that some of these expenses will be
eligible for State and federal disaster reimbursement — action requested — 1) ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE BUDGET ADJUSTMENT
FROM GENERAL FUND APPROPRIATION FOR CONTINGENCIES (4/5 VOTE REQUIRED). (General
Services)
3.14 Resolution to Amend the Salary Ordinance — The Department of Human Resources recommends
the Board of Supervisors adopt a resolution amending the Salary Ordinance for the Probation
Department in the following ways: Add 1 flexibly staffed Probation Officer III position (sunset to
end September 30, 2022) and delete 2 Probation Technician positions, 1 of which is sunset to
end September 30, 2022. These changes will better meet the current and future staffing needs
of the Department. Total allocations to decrease by 1. There are appropriations available in the
General Fund Budget - action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (Human Resources)
3.15 Resolution Recognizing Melanie Lightbody upon her Retirement from Butte County —The County
Library recommends the Board of Supervisors adopt a resolution in recognition of Melanie
Lightbody, Butte County Librarian, upon her retirement after 8 years of County service and 28
years of library service — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (Library)
3.16 Contract with Northern Valley Catholic Social Services (NVCSS) for Home Visiting Program —The
Department of Public Health has received grant funding from the California Department of Public
Health (CDPH) to operate a home visiting program. The purpose of the home visiting program is
to improve pregnancy outcomes, prevent child abuse, and enhance parent-child bonding by
providing one-on-one assistance to mothers to strengthen their parenting skills. The Department
has received this funding for multiple years and has contracted with NVCSS since 2012 to meet
the requirements outlined in the grant. The program serves pregnant and postpartum women
(with infants up to three months of age) under the age of 30 residing in Butte County who give
birth at any Butte County hospital. NVCSS is the only Butte County agency accredited to provide
these services as required by the CDPH grant. The Department recommends entering into a
contract with NVCSS for a home visiting program. The term of the contract is October 1, 2020
through September 30, 2021, not -to -exceed $540,693 — action requested — APPROVE CONTRACT
AND AUTHORIZE CHAIR TO SIGN. (Public Health)
Page 5
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - SEPTEMBER 29, 2020
3.17 Agreement Amendment with the California Department of Public Health (CDPH) for the local
Women, Infants and Children (WIC) Program —The Department of Public Health currently has a
grant agreement with CDPH to participate in the WIC program, a federally -funded program that
provides supplemental foods to mothers, infants, and young children. Services provided through
the program include nutrition education and the provision of a voucher booklet containing
coupons that can be exchanged for designated food items from authorized WIC food vendors.
Participants must meet income guidelines and be a pregnant woman, new mother, infant, or
child under age five. The Department has received funding to participate in this program as the
local WIC agency for many years. CDPH is amending the current grant agreement to make an
additional $5,000 available in federal FY 2019-20 to better support WIC families during the
COVID-19 pandemic. The term of the agreement remains October 1, 2019 through September
30, 2022, with a new maximum amount receivable of $4,634,057 —action requested —APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN. (Public Health)
3.18 Contract Amendment with Gen -Probe Sales and Services, Inc. (Hologic) for Lab Supplies, Testing
Kits, and Use of Equipment — The Department of Public Health operates a laboratory that
conducts testing for communicable diseases. Testing includes, but is not limited to, Chlamydia,
Gonorrhea, and Hepatitis C Virus. The laboratory has added testing for COVID-19 since the start
of the pandemic and has processed 6,143 COVID-19 tests to date. These tests have resulted in
significant cost increases to the Department. The Department recommends amending the
contract with Hologic for laboratory supplies, testing kits, and use of equipment by increasing
the amount payable by $360,000, not -to -exceed $745,000. The term of the contract remains
from July 1, 2019 through June 30,2024—action requested —APPROVE CONTRACT AMENDMENT
AND AUTHORIZE CHAIR TO SIGN. (Public Health)
3.19 Budget Adjustment and Contracts with Rolls, Anderson & Rolls and Youngdahl Consulting Group
Inc., for Emergency On -Call Encroachment and Construction Inspection Services — The
Department of Public Works is responsible for inspecting work performed by contractors within
the County's right-of-way to make sure the work conforms to required standards. Contractors
applyfor an encroachment permitwhen working in the County's right-of-way, and the associated
user fees for the permit cover the costs for performing the inspection work. The Camp Fire
Government Hazard Tree Removal Program is expected to utilize up to 150 independent tree
crews that will be working under a prime contractor to remove hazard trees in the County's right-
of-way. The magnitude of the hazard tree removal effort will require dedicated inspectors, which
exceeds the Department's current capacity. The Department issued a Request for Qualifications
for encroachment and construction inspection services. Seven firms responded with
Qualification Statements that were reviewed, scored, and ranked by staff. The Department
negotiated contracts with two firms. The goal is to enter into multiple contracts in order to
quickly staff up and down as needed to support the contractors working for the Camp Fire
Government Hazard Tree Removal Program as well as to provide emergency construction
inspection services for County infrastructure as needed in future emergencies, including the
North Complex Fire. Rolls, Anderson & Rolls of Chico, along with Youngdahl Consulting Group
Inc. of Rocklin, both ranked highly during the Department review and together they can provide
a robust level of qualifications and resources to support the Department. The contracts are on-
call and work is requested as needed. The term of the contracts is September 29, 2020 through
September 29, 2025; not -to -exceed $400,000 each. The not -to -exceed amounts are estimated
to provide enough capacity to perform future emergency activities, if needed — action requested
— 1) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED); AND 2) APPROVE CONTRACTS (2)
AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
Page 6
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - SEPTEMBER 29, 2020
3.20 Contract with Dave Myers Bird Abatement Services for the Neal Road Recycling and Waste
Facility (NRRWF) — State Law requires sanitary landfills in California to control or prevent the
propagation of vectors and birds. Specifically, enforcement agencies consider seagulls to be
vectors that eat garbage. Seagulls potentially spread disease, harass landfill workers and
customers, and are difficult to eradicate, which creates an overall nuisance. Seagulls may not be
hunted, poisoned, or destroyed without a special permit as they are protected under the
Migratory Bird Treaty Act. Dave Meyers Bird Abatement Services of Oroville has successfully
provided seagull eradication services at NRRWF in the past by using raptors. The raptors are
trained not to kill or eat seagulls, but rather effectively displace the seagulls so they forage from
natural habitats such as rivers or lakes instead of NRRWF. On August 18, 2020, the Department
of Public Works solicited quotes from bird abatement contractors that utilize raptors for vector
control. Dave Meyers Bird Abatement Services was the lowest respondent to the solicitation.
The contractor is licensed and regulated by the U.S. Fish and Wildlife Service and permitted to
operate in California. The term of the contract is September 29, 2020 through September 29,
2025, not -to -exceed $171,000 — action requested — APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN. (Public Works)
3.21 Contract Change Order (CCO) and Notice of Completion for the Centerville Road Project — On
November 19, 2019, the Board of Supervisors awarded the Centerville Road Project to Knife River
Construction of Chico. The location of the project is approximately 0.5 miles north of Honey Run
Road along Centerville Road. The work was authorized and funding was approved by the Disaster
Assistance Program through FEMA and administered by CalOES. The scope of this project was to
realign the roadway into the hillside at the first site near Butte Creek and install a soldier pile
wall at a second site where the embankment had failed due to a large fallen tree. The contract
award amount was $1,315,203. CCO No. 1 provides for minor changes in quantities to match the
actual installed quantities at the contract unit prices for various line items in the contract and
provides for payment of extra work. The net change of CCO No. 1 is an increase in the contract
amount in the amount of $188,504.89. Total cost of work including the contract change order is
$1,503,707.89. All contract work has been completed in accordance with the project plans and
specifications — action requested — 1) RATIFY CONTRACT CHANGE ORDER NO. 1 AND AUTHORIZE
THE CHAIR TO SIGN; AND 2) ACCEPTTHE CONTRACT WORK AS COMPLETE AND AUTHORIZE THE
CHAIR TO SIGN THE NOTICE OF COMPLETION. (Public Works)
3.22 Contract Change Order (CCO) for Module 4 Landfill Gas Collection System Expansion at the Neal
Road Recycling and Waste Facility (NRRWF) — The Module 4 landfill gas collection system
expansion is the next phase in the development of Module 4 to capture, collect, and convey
landfill gas (methane) to the Ameresco landfill -gas -to -energy power plant located on-site at
NRRWF. The work will help NRRWF comply with existing federal and State air emissions
requirements. The contract was awarded to Tera Tech BAS, Inc. at the June 9, 2020 Board
Meeting in the amount of $599,545.44. CCO No. 1 makes adjustments to the engineers estimate
and added items to the contract to accommodate the future compost operations on the top deck
of Module 4. CCO No. 1 is an increase to the contract of $45,162.59 — action requested —
APPROVE CONTRACT CHANGE ORDER NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. (Public
Works)
Page 7
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - SEPTEMBER 29, 2020
3.23 Letter of Support for Poe Hydropower Project Hiking Trail Feasibility Study — As part of the order
to issue the license to PG&E for the Poe Hydropower Project, the Federal Energy Regulatory
Commission (FERC) is requiring PG&E to enhance recreational activities at Bardees Bar. As part
of the order to improve recreation at Bardees Bar, FERC required PG&E to conduct a feasibility
study on constructing a hiking trail between the Poe Hydropower Plant and Bardees Bar. The
Butte County Resource Conservation District conducted the required feasibility study. PG&E
consulted with the County and other stakeholders and agencies on the development of the
hiking trail as proposed through the feasibility study. Without further communication or
consultation, PG&E sent a letter to FERC on July 30, 2020 requesting that FERC remove the
requirement to construct a hiking trail due to the cost and lack of community interest. The action
by PG&E is inconsistent with the FERC order and removes a potential recreational opportunity
for Butte County. Additionally, PG&E made the request to FERC without any consultation or
notification to memorandum of understanding signatories. The State -Federal Coordinating
Committee met on August 18, 2020 and recommended that Butte County send a joi nt letter with
American Whitewater to FERC objecting to the PG&E request. In addition, the Paradise Parks
and Recreation Commission is considering sending a letter to FERC. American Whitewater and
the California Sportfishing Protection Alliance filed a Motion to Intervene with FERC. The
Department of Water and Resource Conservation coordinated the letter with American
Whitewater and the California Sportfishing Protection Alliance. The Department recommends
that the Board submit the letter objecting to PG&E's request to not construct the hiking trail
between the Poe Hydropower Plant and Bardees Bar as a requirement of the license — action
requested — APPROVE THE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource
Conservation)
3.24 Letter to Governor Newsom Requesting an Extension to the Submission Date for Groundwater
Sustainability Plans (GSPs) — The Sustainable Groundwater Management Act (SGMA) requires
that GSPs for high and medium priority basins be submitted by January 31, 2022. Butte County
is a Groundwater Sustainability Agency (GSA) in the Butte subbasin and a Member Agency of the
Vina and Wyandotte Creek subbasins. The development of GSPs for the three subbasins are on
track to be completed by January 31, 2022. However, the COVID-19 pandemic has limited public
engagement to virtual formats and for many people in the community participating is technically
difficult, if not impossible. On September 2, 2020, the Butte County Water Commission voted to
recommend that the Board of Supervisors send a letter to the Governor requesting support for
an extension to the GSP submission deadline. The letter will be copied to the Director of the
Department of Water Resources and the Legislative delegation. The Water Commission did not
specify the length of the extension. On September 9, 2020, the Vina GSA Board approved a letter
requesting a two-year extension to submit the GSPs. The requested GSP submission deadline
would be January 31, 2024. The Department recommends that the Board send a letter to
request the GSP submission date be extended for two years consistent with the Vina GSA request
— action requested — APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Water and
Resource Conservation)
Page 8
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — SEPTEMBER 29, 2020
3.25 Resolution Approving an Allocation of Funding and the Execution of a Grant Agreement and any
Amendments Thereto from the Community Development Block Grant Disaster Recovery (CDBG-
DR) Program — The California Department of Housing and Community Development (HCD) has
made $66,787,799 in allocations available in 2018 CDBG-DR funding to support the Multifamily
Housing Program. This funding is in response to the State of California's unmet recovery needs
related to the FEMA Major Disaster Declarations DR -4344 in October 2017 and DR -4353 in
December 2017. The County's 2018 CDBG-DR Multifamily Housing Program allocation is
$679,013. The CDBG-DR Multifamily Housing Program will be administered at the State level by
HCD. HCD is requesting local jurisdictions rank and submit developer project applications to
prioritize local community housing needs. In preparation for securing the allocation through a
master standard agreement between HCD and each local jurisdiction, HCD is requesting each
jurisdiction develop and submit readiness documents, including a Due Diligence application
along with a Request for Proposal that will be utilized to solicit for local development projects.
County staff is in the process of preparing the Due Diligence application. Should the Due
Diligence application be approved by HCD, staff recommend entering into a Master Standard
Agreement with HCD to facilitate the development of multifamily housing (rehabilitation,
reconstruction, or new construction), pursuant to the Disaster Recovery Multifamily Housing
Program Policies and Procedures. County Administration recommends the Board of Supervisors
adopt a resolution approving the allocation of funding and the execution of a grant agreement
and any amendments, and authorize the Chair to sign — action requested — ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
4. REGULAR AGENDA
4.01 Boards, Commissions, and Committees
(List available at http://www.buttecountV.net/clerkoftheboard/AppointmentsList.aspx)
A. Appointments to Listed Vacancies
1. Appointments to the Butte County Children and Families Commission (First 5) — First 5 is
part of a Statewide effort to create a seamless system of integrated and comprehensive
programs and services by establishing community-based programs to provide parental
education and family support services relevant to effective childhood development;
encouraging pregnant women and parents of young children to quit smoking; and
educating the public on the importance and the benefits of nurturing, health care, family
support, and child care. First 5 is a nine -member commission comprised of a member of
the Board of Supervisors, the Directors of the Department of Public Health and the
Department of Employment and Social Services, and six members of the public
appointed by the Board of Supervisors. Additionally, the Board of Supervisors also
appoints five alternates to First 5. First 5 recommends the Board of Supervisors appoint:
Dr. Holly Kralj as a regular Commissioner, with a term ending June 30, 2022. Dr. Kralj
DNP -Certified Nurse Midwife, Enloe Medical Center and Associate Professor CSU Chico,
School of Nursing. Dr. Kralj has served as an alternate Commissioner since September
2019. Dr. Kralj fulfills the role of a representative of a local obstetric association.
Page 9
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — SEPTEMBER 29, 2020
Justin Margolis as an alternate Commissioner, with a term ending June 30, 2022. Mr.
Margolis is Parent Cafe and Community Outreach Coordinator at Valley Oak Children's
Services. Mr. Margolis fulfills the role of representative of a local childcare resource and
referral agency.
Action requested —1) APPOINT DR. HOLLY KRAU TO THE BUTTE COUNTY CHILDREN AND
FAMILIES COMMISSION, AS A COMMISSIONER WITH A TERM ENDING JUNE 30, 2022;
AND 2) APPOINT JUSTIN MARGOLIS TO THE BUTTE COUNTY CHILDREN AND FAMILIES
COMMISSION, ASAN ALTERNATE COMMISSIONER WITH ATERM ENDING JUNE 30, 2022.
(Other - Butte County Children and Families Commission)
2. Appointment to the Wyandotte Creek Groundwater Sustainability Agency (GSA) — The
Wyandotte Creek GSA is the exclusive agency responsible for implementing the
Sustainable Groundwater Management Act and developing the Groundwater
Sustainability Plan for the Wyandotte Creek subbasin. The Wyandotte Creek GSA is a
five -member Board with one seat for each Member Agency, which includes Butte
County, the City of Oroville, and the Thermalito Water and Sewer District, as well as two
Stakeholder Director seats. One Stakeholder Director must meet the criteria for a non-
agricultural domestic well user and the other must meet the criteria for an agricultural
well user as described in the Joint Powers Agreement for the Wyandotte Creek GSA. Each
seat on the Wyandotte Creek GSA Board has a primary member and an alternate. The
Stakeholder Director seats are appointed by the Butte County Board of Supervisors. No
appointment was made for the alternate for the domestic well user Director seat. Rick
Wulbern submitted an application to the County for appointment to the Wyandotte
Creek GSA Board as the alternate domestic well user Stakeholder Director on August 27,
2020. Mr. Wulbern meets the eligibility requirements for the position — action requested
— APPOINT RICK WULBERN TO THE WYANDOTTE CREEK GROUNDWATER
SUSTAINABILITY AGENCY AS THE ALTERNATE DOMESTIC WELL USER STAKEHOLDER
DIRECTOR, WITH A TERM ENDING SEPTEMBER 29, 2024. (Water and Resource
Conservation)
3. Appointment to Drainage District 100 in Lieu of Election — In Drainage District 100, the
number of qualified candidates filing for the office of Director did not exceed the number
of positions to be filled and no petition calling for election was submitted. Pursuant to
California Elections Code section 10515, the Butte County Board of Supervisors shall
appoint nominees to the Office of Director in lieu of election. Drainage District 100
requests that the Board of Supervisors appoint Michael Arens, with a term of four years,
in lieu of an election pursuant to Elections Code section 10515 — action requested —
APPOINT MICHAEL ARENS TO DRAINAGE DISTRICT 100, TO A TERM OF FOUR YEARS.
(Other - Drainage District 100)
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 Uodate of Budget. Legislative. and Other Current Issues by the Chief Administrative Officer
A. COVID-19 Update by the Public Health Director
B. Annual Crop Report Presentation by the AgriCUltural Commissioner
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - SEPTEMBER 29, 2020
4.03 Resolution Disbanding the Veterans Memorial Hall Committees and Ceasing use of the Veterans
Memorial by the General Public and County Departments Except for Elections — The Veteran
Memorial Hall Committees in each hall includes a member representative from the Board of
Supervisors, a Veteran Facilities Supervisor and members from each member organization
appointed by the Board of Supervisors. The committees were established to improve the overall
management of the halls, which included overseeing a rental program for the hall that was
established with the hope to increase revenue to fund facility repairs and maintenance. To
provide more flexibility to the member organizations, the Department of General Services
recommends that the Board of Supervisors adopt a resolution disbanding the current committee
organization structure, eliminating the inclusion of a Butte County Board of Supervisor on the
Committees, and allowing veterans to form and appoint their own leadership of each of the
committees. In addition, due to costs associated with managing a rental program, it is
recommended to cease the use of the Veteran Memorial Halls by the general public and by
County departments except during elections. The Department also recommends that staff be
directed to develop a new Veteran Memorial Hall Policy and Procedure Manual to reflect
updated management practices — action requested — 1) ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN; AND 2) DIRECT STAFF TO DEVELOP A NEW VETERAN MEMORIAL HALL
POLICY AND PROCEDURE MANUAL. (General Services)
4.04 Update on Water Issues — Department of Water and Resource Conservation will provide the
Board of Supervisors with an update on the following water resource issues:
A. Sustainable Groundwater Management Act (SGMA) Implementation Status - The
Groundwater Sustainability Plans are on track for completion by January 31, 2022.
Stakeholders have requested that the Groundwater Sustainability Agencies send a letter to
the Governor requesting an extension to the submission deadline because COVID-19
meeting guidelines prevent adequate public engagement. The Board will consider this
request through another agenda item.
B. PG&E's Poe Project Relicensing Project - Butte County is part of advisory groups on PG&E's
relicensing of the Poe hydropower project. PG&E sent a letter to the Federal Energy
Regulatory Commission (FERC) requesting to remove the requirement for construction of a
hiking trail from the Poe powerplant to Bardees Bar. The Department brought a letter
addressed to FERC objecting to PG&E's request, earlier on the consent agenda today.
C. Departmental Participation in the Centerville -Schoolhouse Group. The group was formed in
response to the sale of the DeSabla hydropower plant project. The group is interested in
preserving water in Butte Creek for salmon. The Department is requesting direction from the
Board to participate in the Centerville -Schoolhouse Group and report to the Board as
appropriate.
D. Miocene Canal - The status of Pacific Gas & Electric's (PG&E) progress to restore water to
the Miocene Canal. The Department is requesting direction from the Board on whether the
County should be the lead agency for CEQA and potential water diversion agreement with
the Department of Water Resources.
Action requested — PROVIDE DIRECTION TO STAFF. (Water and Resource Conservation)
4.05 Items Removed from the Consent Agenda for Board Consideration and Action
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - SEPTEMBER 29, 2020
5. PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:30 AM — Public Hearing — Consideration of a Resolution Declaring Results of Majority Protest
Proceedings and Renewing the Butte County Tourism Business Improvement District (BCTBID)
In response to the need for the creation of a reliable funding source for regional tourism, and
in cooperation with the local jurisdictions and local tourism stakeholders, the Board of
Supervisors adopted a resolution establishing the BCTBID on November 10, 2015. Funded
through a 2% assessment on short-term lodging rentals (generally less than 30 days), the
BCTBID has been the primary source of tourism promotion within Butte County. The original
resolution establishing BCTBID was for a term beginning December 1, 2015 through November
30, 2020. Explore Butte County, the Owners Association for the BCTBID, has taken the lead in
working with the local jurisdictions and the local tourism stakeholders on the BCTBID renewal
process, requesting renewal for a term beginning December 1, 2020 through November 30,
2030. The renewed BCTBID will include all jurisdictions within the County. Short-term lodging
businesses that pay approximately 65% of the total assessment received under the BCTBID
submitted petitions requesting the Board initiate the proceedings to renew the BCTBID in
accordance with the Property and Business Improvement District Law of 1994. On August 11,
2020, the Board adopted Resolution No. 20-089 to begin proceedings to renew the BCTBID. On
September 15, 2020, the Board heard public testimony regarding the BCTBID renewal. No
protests were received. If a majority (more than fifty percent of the assessment proposed to
be levied) of written protests were received from the owners of businesses in the BCTBID, then
the renewal could not move forward for at least one year. The final step in the renewal process
is a public hearing and adoption of a resolution declaring the results of the protest proceedings,
and authorizing the BCTBID renewal for a ten year term, beginning December 1, 2020, through
November 30, 2030 — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (County Administration)
5.02 9:40 AM — Public Hearing — Appeal to Remove Condition No. 9 of approved Tentative Parcel
Map TPM19-0004 for Wendell Sorenson —The Applicant filed a timely appeal on July 30, 2020
to remove Condition No. 9 of approved Tentative Parcel Map TPM19-0004. The project was
presented to the Planning Commission on June 25, 2020 and July 23, 2020, and the Tentative
Parcel Map was approved on a 3-2 vote. As part of the project, the applicant requested an
exception under Butte County Code Section 20-4 to remove the requirement of frontage
improvements (curb, gutter, and sidewalk) required as part of Condition No. 9. The Planning
Commission reviewed the information provided by Planning, Public Works, City of Chico Public
Works, and the Applicant's representative. Based on the information provided, the Planning
Commission denied the exception request. The applicant has appealed the removal of Condition
No. 9, not just the frontage improvements as was per the exception request to the Planning
Commission. As part of the appeal, the Applicant provided additional information to support
the removal of the condition. Public Works reviewed the information and included the findings
necessary for the Board of Supervisors to grant the appeal and remove Condition No. 9. Two
resolutions are provided to the Board for consideration. The first denies the appeal and retains
Condition No. 9; and the second upholds the appeal and removes Condition No. 9 — action
requested — 1) ADOPT THE RESOLUTION DENYING THE APPEAL AND AUTHORIZE THE CHAIR TO
SIGN; OR 2) ADOPT THE RESOLUTION APPROVING THE APPEAL AND AUTHORIZE THE CHAIR TO
SIGN. (Development Services)
6. BOARD OF SUPERVISORS PUBLIC COMMENT
Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five
minutes. Please note that pursuant to California State law, the Board of Supervisors is prohibited from
taking action on any item not listed on the agenda.
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - SEPTEMBER 29, 2020
7. BOARD OF SUPERVISORS CLOSED SESSION
7.01 Public Emolovee Emolovment. Armointment. Recruitment. Performance Evaluations. Includin
Goals, Pursuant to Government Code Section 54957:
A. Agricultural Commissioner
B. Behavioral Health Director
C. Chief Administrative Officer
D. Chief Probation Officer
E. Child Support Services Director
F. County Counsel
G. Development Services Director
H. Employment and Social Services Director
I. Human Resources Director
J. Information Services Director
K. Library Director
L. Public Health Director
M. Public Works Director
N. Water and Resources Conservation Director
7.02 Actual Litigation Pursuant to Government Code Section 54956.9(d)(1):
A. Nuisance Abatement Proceeding
APN 065-500-030
Administrative Hearing Officer Jackson Glick
7.03 Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4):
A. One potential case.
7.04 Conference with Labor Negotiator Pursuant to Government Code Section 54957.6:
Negotiators: Jack Hughes, Sheri Waters, and Meegan Jessee
Employee Organizations: Teamsters - General Unit; Teamsters - Social Services Workers'
Unit; Butte County Management Employees Association; Butte
County Probation Peace Officers Association; Butte County
Probation Peace Officers Association - Management Unit;
Butte County Professional Employees' Association; Butte
County Deputy Sheriff's Association - General Unit; Butte
County Deputy Sheriff's Association -
Management/Supervisory Unit; Butte County Correctional
Officers Association - General Unit; Butte County Correctional
Officers Association - Supervisory Unit; UPEC Local 792 - Skilled
Trades Unit; Butte County Deputy District Attorneys
Association - Attorney Unit; Confidential Unit; Non -
Represented Unit; Board of Supervisors Executive Assistants
Page 13
Butte CountV
Department Heads
Agricultural
Commissioner:
Louie Mendoza
Assessor*:
Diane Brown
Auditor -Controller*:
Graciela Gutierrez
Behavioral Health:
Scott Kennelly
Chief Administrative
Officer:
Shari McCracken
Chief Probation Officer:
Wayne Barley
Child Support Services:
Sean Farrell
Clerk -Recorder/
Registrar of Voters*:
Candace Grubbs
County Counsel:
Bruce Alpert
Development Services:
Paula Daneluk
District Attorney*:
Mike Ramsey
Employment & Social
Services:
Shelby Boston
Fire Chief:
John Messina
General Services:
Grant Hunsicker
Human Resources:
Sheri Waters
Interim Information
Systems:
Josh Kincheloe
Library:
Narinder Sufi
Public Health:
Danette York
Public Works:
Dennis Schmidt
Sheriff -Coroner*:
Kory Honea
Treasurer -Tax Collector*
Troy Kidd
LIC Cooperative
Extension Advisor:
Luis Espino
Water & Resource
Conservation:
Paul Gosselin
*Elected Official
Information and Procedures Concerning the Agenda and
Board of Supervisors Meetings
Meeting Information:
Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are
held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. At
the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed
as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted
meeting calendar for the year are available in the County Administrative Office or on the Clerk of the Board
website page.
Agenda Information:
The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72
hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board
website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to
explain each agenda item (excluding documents that are not a public record within the meaning of the Public
Records Act) are available for your review at the County Administrative Office, the Chico, Oroville, and Paradise
libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies of
supporting materials can be made for you at a charge to cover costs. The list of communications included with
the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have
been received but not included in the agenda supporting material. Copies of all communications received by the
Board of Supervisors (excluding documents that are not a public record within the meaning of the Public Records
Act) are available at the County Administrative Office upon request.
Agenda Format and Meeting Order:
The agenda is usually organized into the following areas and meetings generally proceed in the following order:
1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the
Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in
the back of the board room) and give it to the Clerk of the Board (sitting to the right of the Board) or, when the
Chair asks if there is anything anyone would like to remove from the Consent Agenda, stand and approach the
podium and request the item be removed. The removed items are discussed at the end of the Regular Agenda.
2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items
removed from the Consent Agenda are discussed under this section.
3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are
set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time
listed, but will never start before the time listed.
4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any
matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda,
but may respond to statements or questions and provide staff direction.
5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances. This area
of the agenda identifies those items that will be discussed during the closed session.
Public Participation:
It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow
members of the public the opportunity to comment on all matters before the Board. Public participation is limited
to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3.
The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing
of these policies and procedures can be found in the printed booklet agenda, obtained at the County
Administrative Office, or viewed at the Clerk of the Board website.
The Board of Supervisors is also committed to making its proceedings accessible to all residents. Individuals with
special needs should call the Clerk of the Board at 530.552.3300, Monday through Friday, 8:00 a.m. to 5:00 p.m.
to request disability -related modifications/accommodations, or to request materials in alternate formats. All
requests for special accommodations and/or alternative format documents must be made 48 hours prior to the
meeting.
For further information contact the:
Clerk of the Board of Supervisors
County Administration Office
25 County Center Drive, Suite 200, Oroville, CA 95965
530.552.3300
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