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HomeMy WebLinkAboutA110921C A L I F O R N I A ANDY PICKETT CHIEF ADMINISTRATIVE OFFICER & CLERK OF THE BOARD 1. CALL TO ORDER BUTTE COUNTY BOARD OF SUPERVISORS REGULAR MEETING AGENDA NOVEMBER 9, 2021 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 Rules of Decorum MEMBERS OF THE BOARD BILL CONNELLY, DISTRICT 1 DEBRA LUCERO, DISTRICT 2 TAM RITTER, DISTRICT TOD KIMMELSHUE, DISTRICT DOUG TEETER, DISTRICT 5 BRUCE ALPERT, COUNTY COUNSEL The Board of Supervisors welcomes the public to its meetings and encourages and appreciates public engagement. The Board of Supervisors expects members of the public to act in a courteous, civil, and respectful manner. Individuals who address the Board shall not make personal, impertinent, slanderous, or profane remarks to any member of the Board, staff, or general public. The Board of Supervisors will not tolerate loud, threatening, personal or abusive language, or disorderly conduct which disrupts, disturbs, or otherwise impedes the orderly conduct of Board meetings. Violation of these rules of decorum will result in the meeting being recessed. 2. CORRECTIONS AND/OR CHANGES TO THE AGENDA. 3. CONSENT AGENDA A. Supervisor Comments on Consent Agenda Items B. Adopt Consent Agenda 3.01 Revenue Agreement with the Department of Pesticide Regulation (DPR) for a Pesticide Disposal Project—The Butte County Agriculture Department has received a Revenue Agreement from DPR that will include the Agriculture Departments of Glenn and Tehama Counties to form a Tri -County area Pesticide Disposal Project. The goal of the Pesticide Disposal Project is to provide a safe means for Tri -County farmers/growers to dispose of unwanted pesticides. Grower/farmer participation will be voluntary and there will not be any pesticide enforcement actions taken against participants. The Pesticide Disposal Project is free of charge to growers/farmers within Tri -County area and will exclude pesticide disposal from pesticide dealers and residential homeowners. The Pesticide Disposal project will take place in the spring of 2022. The term of the Revenue Agreement is November 1, 2021 through June 24, 2022, not -to -exceed $200,000. A Tri - County Memorandum of Understanding (MOU) will be brought back to the Board of Supervisors for approval once the Revenue Agreement is approved and executed by participating Counties — Page 1 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA— NOVEMBER 9, 2021 ACTION REQUESTED — APPROVE REVENUE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Agriculture) 3.02 Butte County HOME Investment Partnerships Program Single -Family Housing Rehabilitation Guidelines - The HOME Investment Partnerships Program offers funding to State and local jurisdictions on various activities related to increasing accessibility to affordable housing. These activities include, but are not limited to: home purchase or rehabilitation financing assistance to eligible homeowners and new home buyers; build or rehabilitate housing for rent or ownership; and the acquisition, demolition, or cleanup of dilapidated properties for the development of HOME -funded housing. Butte County is one of many local jurisdictions eligible for HOME Program funding administered by the California State Department of Housing and Community Development (HCD). The Board of Supervisors adopted Resolution No. 18-101 on July 24, 2018 approving the submittal of a HOME application to HCD and the use of funds if awarded. The application was submitted to HCD and Butte County was awarded $500,000 for HOME housing rehabilitation projects in February 2020. Program Guidelines must be prepared by awardees and approved by HCD. County staff have submitted the HOME Single -Family Housing Rehabilitation Program Guidelines to HCD and have received HCD written approval. Staff recommends the adoption of the HOME Single -Family Housing Rehabilitation Program Guidelines by the Board — ACTION REQUESTED — ADOPT THE HOME SINGLE-FAMILY HOUSING REHABILITATION PROGRAM GUIDELINES. (County Administration) 3.03 Capital Asset Purchase - Computer Aided Dispatch (CAD) Interoperability with Butte Emergency Medical Services (EMS) - On October 12, 2021, the Board of Supervisors committed $250,000 in American Rescue Plan Act funds for the Butte County Fire Department's CAD Interoperability with Butte EMS. The requested action inadvertently omitted the request for capital asset authority. County Administration recommends the Board of Supervisors approve capital asset authority for the CAD Interoperability system with Butte EMS—ACTION REQUESTED—APPROVE CAPITAL ASSET PURCHASE. (County Administration) 3.04 Ordinance Repealing Section 2-25 of the Butte County Code Relating to Boundaries of the Supervisorial Districts - Every ten years following the federal census, the boundaries of the supervisory districts of the County must be adjusted so that the districts are similar in population. The existing district boundaries are codified in section 2-25 of the Butte County Code. This ordinance would repeal section 2-25 effective December 9, 2021, or the effective date of a resolution adopted by the Board of Supervisors establishing new supervisorial boundaries, whichever is later. The ordinance was introduced at the regular Board meeting held on October 12, 2021 — ACTION REQUESTED — ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) Page 2 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA- NOVEMBER 9, 2021 3.05 Resolution Re -authorizing Continued Teleconference Meetings of the Board of Supervisors pursuant to the Ralph M. Brown Act as amended by AB 361 - On March 17, 2020, Governor Newsom issued Executive Order N-29-20, which suspended and modified the teleconferencing requirements under the Ralph M. Brown Act (the "Brown Act") to allow local legislative bodies to hold public meetings via teleconference without meeting the traditional teleconference standards of the Brown Act as a result of the COVID-19 pandemic. On September 16, 2021, Governor Newsom signed AB 361 to amend the Brown Act to allow legislative bodies to utilize alternative standards for teleconference meetings during a proclaimed state of emergency when (1) state or local officials impose or recommend social/physical distancing or (2) the body meets for the purpose of deciding or has met to decide by majority vote that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. The legislative body is required to reconsider and extend the findings every 30 days to continue to meet via teleconferencing under the alternative standards. The Board adopted a resolution on October 12, 2021 to continue to have the ability to meet remotely via teleconference by making the findings required by AB 361. This new resolution would re -authorize the ability to meet remotely via teleconference through December 9, 2021 or such time the Board adopts a subsequent resolution to continue this ability. — ACTION REQUESTED — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.06 Letters of Support of the Hazard Eligibility and Local Projects (HELP) Act (H.R. 1917/S.1877) - Staff prepared a letters in support of the HELP Act, recently introduced by the United States Congress. Current law prohibits any hazard mitigation work commencing prior to an application for mitigation funds being approved. The HELP Act would allow mitigation work to begin prior to funding decisions being made, with the understanding that if mitigation funds are not granted, the local jurisdiction would be responsible for the costs. — ACTION REQUESTED — APPROVE LETTERS OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.07 Letter of Support of the State, Local, Tribal and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act (5.3011) - Staff prepared a letter in support of Senate Bill 3011 (State, Local, Tribal and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act). This bill, passed by the United States Senate on October 19th, would provide more flexibility in the use of American Rescue Plan funds, to utilize a portion of these funds (30% or $10 million, whichever is greater) for needed transportation and infrastructure projects as well as emergency relief due to natural disasters. — ACTION REQUESTED — APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 3.08 Contract Amendment with Raney Planning & Management, Inc. for Planning Services - On January 26, 2021, the Board of Supervisors approved a contract with Raney Planning & Management, Inc. for planning services. The contract provides ongoing planning application processing, planning building permit review, and other planning services as needed by the Department of Development Services. Contracting for planning services allows the Department to continue providing timely service to the public when staff resources are unavailable because of high demand for planning - related services. The agreement allows the Department the option to contract for planning services during an emergency or disaster recovery. The term of the contract is January 26, 2021 through January 26, 2026, not to exceed $99,999. The Department received an application for a new housing project that requires California Environmental Quality Act (CEQA) analysis. The cost to provide the analysis exceeds the contract amount. The Department recommends amending the contract with Raney Planning & Management, Inc. to provide planning services for this large project. The amendment increases the maximum payable by $210,001, not -to -exceed $310,000. All other terms remain the same — ACTION REQUESTED — APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) Page 3 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA- NOVEMBER 9, 2021 3.09 Resolution Recognizing Pete Calarco upon his Retirement from the Department of Development Services - The Department of Development Services recommends the Board of Supervisors adopt a resolution recognizing Assistant Director Pete Calarco on the occasion of his retirement after sixteen years of service to Butte County — ACTION REQUESTED — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) 3.10 Resolution Recognizing November 2021 as Adoption Awareness Month - The Department of Employment and Social Services recommends the Board of Supervisors adopt a resolution recognizing November 2021 as Adoption Awareness Month in Butte County — ACTION REQUESTED — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN (Employment and Social Services) 3.11 CalWORKs County Plan Addendum - The CalWORKs Program provides cash aid assistance and services to needy California families. The program provides eligible families with food, utilities, clothing, medical care, employment services and immediate short term assistance. The CalWORKs Program requires an in-person interactive interview during the application process and annual recertification process. The exception for an in-person interactive interview due to COVID-19 ended September 30, 2021, so Butte County must submit a new CalWORKs plan to allow for the option of interviews via the phone. The State requires all CalWORKs plans, revisions or addenda to be approved by the Board of Supervisors prior to submission. The Department of Employment and Social Services recommends submitting an addendum to Butte County's CalWORKs Plan to include the ongoing option of a telephonic interview for applicants and recipients. — ACTION REQUESTED —APPROVE THE CALWORKS COUNTY PLAN ADDENDUM. (Employment and Social Services) 3.12 Change Orders #1 through #6 of the Contract with United Building Contractors Inc. for the Butte County Jail HVAC and Roof Project - The County is in the process of replacing the Heating, Ventilation and Air Conditioning (HVAC) system and portions of the roof of the main jail located at 5 Gillick Way, Oroville with a project budget of $4.6 million. The project budget includes contingencies to address dry rot and unforeseen conditions anticipated in the nature of this project. On February 23, 2021, the Board approved a construction contract for this project with United Building Contractors Inc. in the amount of $3,399,000. At this point in construction, six change orders are required to address the various repairs and conditions to allow this project to move forward. The total cost of change orders #1 through #6 is $462,140.84 and will be funded within the current project budget. The Department of General Services recommends the Board ratify change order #1 that was previously executed by General Services, and approve change orders #2 through #6 to the contract with United Building Contractors Inc. — ACTION REQUESTED — 1) RATIFY CHANGE ORDER #1; AND 2) APPROVE CHANGE ORDERS #2 THROUGH 6, AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 3.13 Contract with Recolo2v Butte Colusa Counties for Solid Waste and Recvclin2 Services at Count Facilities - The Department of General Services conducted a solicitation for solid waste and recycling services for county facilities. Two bids were received with Recology Butte Colusa Counties (Recology) being the lowest responsible bidder. The department recommends entering into a contract with Recology for solid waste and recycling services. The term of the contract is December 1, 2021 through November 30, 2024 with an option for two additional one-year extensions, not to exceed $234,000. — ACTION REQUESTED — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (General Services) Page 4 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA- NOVEMBER 9, 2021 3.14 Lease Agreement with Youth For Change for 7200 and 7204 Skyway, Paradise, for Departments of Behavioral Health and Employment and Social Services - In November 2019, the County entered into a lease agreement with Youth For Change (YFC) for 7200 Skyway, Paradise for the Departments of Behavioral Health (DBH) and Employment and Social Services (DESS) to reestablish services to the Ridge communities following the Camp Fire. This lease was amended once to extend the term by an additional Year, terminating on November 30, 2021. The Departments have determined that a longer term lease as well as expansion into the adjacent YFC owned building at 7204 Skyway are necessary to support their services. Each building is 4950 square feet plus exclusive use parking and an exterior basketball court. The Departments of General Services, DBH and DESS recommend entering into a new lease agreement with Youth For Change for 7200 and 7204 Skyway, Paradise. The lease terms include an initial term of five Years beginning December 1, 2021 through November 30, 2026 and an option to extend an additional five Years at rates to be agreed upon at the time. The rent rate is inclusive of all utilities and is $1.265 per square foot for the first Year with an annual increase of 2.25%. The cumulative cost of the lease over the initial term is $785,743.20. — ACTION REQUESTED — APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 3.15 Side Letter Agreement with all Unrepresented Employee Groups Expanding Vacation Buy -Back - The Human Resources Department recommends a temporary expansion of the existing vacation buy-back option currently in place with all of the unrepresented employee groups via side letter agreement. All unrepresented employee groups have agreed to the proposed expansion, which increases the maximum allowable buy-back amount by 80 hours, from a maximum of 144 hours of vacation per Year to a maximum of 224 hours per Year subject to individual department head approval and the availability of funds. The recommended expansion also allows for the buy-back of excess accrued administrative leave in addition to accrued vacation not to exceed the total additional 80 hours. The recommended buy-back expansion will be in place until December 2022 with final requests under the agreement to be submitted no later than December 21, 2022. This Side Letter was approved by all other bargaining units at the October 26, 2021 Board of Supervisors meeting. The recommended expansion of the vacation buy-back option seeks to reduce current and future unfunded liabilities resulting in potential future budget savings by allowing employees the opportunity to cash out select accruals in excess of the 144 hours of vacation identified in the current Salary and Benefit Resolutions — ACTION REQUESTED — APPROVE THE SIDE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) Page 5 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA- NOVEMBER 9, 2021 3.16 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 following departments: COUNTY ADMINISTRATION: Add 1 Account Clerk position (term to end May 9, 2022). The position is for work related to the insurance recovery for Camp Fire and North Complex Fire debris and hazard tree removal. Total allocations to temporarily increase by one. The expense for the position is likely reimbursable by FEMA and the State with a 2.5% local share of cost. DEVELOPMENT SERVICES: Add 2 Code Enforcement Officer positions (sunset to end June 30, 2025), 1 flexible staffed Office Specialist position (sunset to end June 30, 2025) and 1 Code Enforcement Supervisor position. Delete 1 vacant Code Enforcement Officer position. The Department anticipates a CDBG grant award and the sunset positions are required to fulfill the terms of the grant. The supervisor position will better suit the future needs of the Department as new Code Enforcement programs are added. Total allocations to temporarily increase by 3. The 3 sunset positions will be funded by the CDBG grant. Salary savings in the Department's current year budget will cover the increased annual costs of approximately $4,375 of the Code Enforcement Supervisor position. EMPLOYMENT AND SOCIAL SERVICES: Add 1 flexibly staffed Administrative Analyst position and delete 1 vacant flexibly staffed Administrative Assistant position. This change will better meet the operational needs of the Department by providing direct assistance to the Director with higher- level projects and analysis. Total allocations to remain unchanged. Salary savings in the Department's current year budget will cover the increased annual costs of approximately $21,000. HUMAN RESOURCES: Amend Section 29 Reference D of the Salary Ordinance No. 4198 of the County of Butte entitled "Board of Supervisors' Members" to make it consistent with Ordinance No. 4206. PUBLIC HEALTH: Add 1 flexibly staffed Financial Technician position and delete 1 vacant flexibly staffed Administrative Analyst position. This change better suits the needs of the Department and is necessary to manage workloads. Total allocations to remain unchanged. The proposed change will result in a decrease of annual costs by approximately $21,103. ACTION REQUESTED — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 3.17 Contract with Accela, Inc. for Accela Civic Platform Software - The Department of Public Health currently has a contract with Accela, Inc. for the licensed use, support and maintenance of the EnvisionConnect Suite software. The software is utilized by the Division of Environmental Health as a unified solution that supports the permitting, regulatory oversight, inspection management, service billing, State and internal reporting and data requirements in a vendor hosted environment. The Department of Public Health requests approval of a contract with Accela to upgrade from the EnvisionConnect software to Accela Civic Platform, the next generation of software. The upgrade is necessary because Accela will no longer be providing enhancements or upgrades to EnvisionConnect. In order to provide the correct data tracking and reporting, Environmental Health must utilize a software program that is updated regularly or expanded as necessary to be in compliance with new State laws and regulations or current State law and regulations as they are amended or revised. Accela Civic Platform will maintain the continuity of the Environmental Health's program services that include billing, permitting, and regulatory requirements tracking for the Hazardous Materials / Certified Unified Protection Agency (CUPA), Land Use and Consumer Page 6 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA- NOVEMBER 9, 2021 Protection Programs. The Department recommends entering into a contract with Accela, Inc. for the Accela Civic Platform software in a hosted environment. The term of the contract is November 1, 2021 through October 31, 2026 not to exceed $437,630. — ACTION REQUESTED — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Public Health) 3.18 Contract with SEP Technology Consulting, LLC (SEPTech) for the Data Migration and Implementation of Accela Civic Platform Software - The Department of Public Health currently has a contract with Accela, Inc. for the licensed use, support and maintenance of the EnvisionConnect Suite software. The software is utilized bythe Division of Environmental Health as a unified solution that supports the permitting, regulatory oversight, inspection management, service billing, State and internal reporting and data requirements in a vendor hosted environment. Accela is ceasing support of the current platform of the EnvisionConnect suite and replacing it with the next generation of software Accela Civic Platform. This contract is specific to the data implementation/migration of the EnvisionConnect software to the next generation Accela Civic Platform software. The contract details the deliverables, roles and responsibilities, between SEPTech and the Department, that comprise the data implementation/migration to the Civic Platform. The Department recommends entering into a contract with SEPTech for the provision of the Accela Civic Platform implementation project services. The term of the contract is November 9, 2021 through November 8, 2022, not to exceed $275,296. — ACTION REQUESTED — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Public Health) 3.19 California Children's Services (CCS) and Child Health and Disability Prevention (CHDP) Annual Plan for Fiscal Year 2021-22 - Per California Department of Health Care Services (DHCS) guidelines and regulations, the Department of Public Health is required to prepare a Children's Medical Services (CMS) Plan for the CCS and CHDP programs each year. The plan summarizes program activities within CCS and CHDP programs. The CCS program provides specialized medical care and medical case management to children with medically eligible conditions who meet the program criteria. Public school-based medical therapy units provide physical and occupational therapy under a physician's orders. The CHDP program focuses on complete health assessments for the early detection and prevention of disease and disabilities in children and youth. In addition, CHDP focuses on medical provider resource development, informing about CHDP services to eligible families, and health education activities during community outreach events to help link families to Medi -Cal services for their children. CHDP also has a component called Health Care Program for Children in Foster Care (HCPCFC) in which Public Health Nurses identify and address the health care needs of children in protective services custody. — ACTION REQUESTED — 1) APPROVE SUBMISSION OF THE FY 2021-22 PLAN TO THE CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES AND; 2) AUTHORIZE THE CHAIR TO SIGN PLAN DOCUMENTS. (Public Health) Page 7 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA- NOVEMBER 9, 2021 3.20 Contracts for On -Call Engineering Services - The Department of Public Works issued a Request for Qualifications (RFQ) on May 14, 2021, for on-call engineering services. The RFQ identified that the Department intended on issuing five on-call contracts to the top firms selected, and services would be provided as -needed with work performed on a task order basis. These contracts will provide the Department with additional capacity to meet emerging needs and recently approved Board of Supervisor priorities, with project funding identified in the current operating budget. On June 14, 2021, the Department received 13 Statement of Qualifications, which were evaluated and ranked based on experience, capacity, and overall professional qualifications. The Department invited eight of the 13 firms to participate in a final selection interview, and selected Dewberry Drake Haglan of Rancho Cordova, Nichols Consulting Engineers CHTD of Sacramento, Dokken Engineering of Folsom, Mark Thomas of Sacramento, and Quincy Engineering, Inc. of Rancho Cordova, as the top five firms. On October 26, 2021, the Board of Supervisors entered into contracts with Nichols Consulting Engineers CHTD, Dokken Engineering, and Mark Thomas, each for a term of five years, from October 26, 2021 through October 26, 2026, not -to -exceed $500,000. The Department has now received authorization for the contracts with Dewberry Drake Haglan and Quincy Engineering, Inc. from the Caltrans Office of Audits and Investigations. The Department recommends entering into a contract with Dewberry Drake Haglan and Quincy Engineering, Inc. for on-call engineering services. Each contract is for a term of five years, form November 9, 2021 through November 9, 2026, not -to -exceed $500,000. —ACTION REQUESTED—APPROVE CONTRACTS (2) AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.21 Budget Adiustment and Capital Asset Authoritv - Utility Vehicle Countv Service Area (CSA) 24 Capital asset authority for a utility vehicle was approved for CSA 24 in the FY 2020-21 Adopted Budget. The Department of Public Works ordered the vehicle in April 2021, for $21,457. Due to COVID-19, the shipment of the utility vehicle was delayed. The vehicle and the invoice were received in October 2021. The Department recommends the Board of Supervisors approve a budget adjustment and capital asset authority for the purchase of the utility vehicle for CSA 24 — ACTION REQUESTED — 1) AUTHORIZE CAPITAL ASSET PURCHASE; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Public Works) Page 8 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA— NOVEMBER 9, 2021 4. REGULAR AGENDA 4.01 Boards, Commissions, and Committees (List available at http://www.buttecounty.net/clerkoftheboard/ApJ)ointmentsList.asl)x) A. Appointments to Listed Vacancies 1. Appointment to the Northern Sacramento Valley Integrated Regional Water Management (NSVIRWM) Board - The Northern Sacramento Valley Integrated Regional Water Management (NSVIRWM) is a collaborative effort to enhance coordination of water resources in the region and involves multiple agencies, stakeholders, tribes, individuals and groups to address water -related issues to the region and pursue funding to address them. The planning region includes the area covering six counties: Shasta, Tehama, Butte, Glenn, Colusa and Sutter. The NSVIRWM Board is comprised of 14 members, with 2 members appointed by the Board of Supervisors of each participating county and 2 Tribal Representative members, serving a two year term — ACTION REQUESTED — APPOINT CANDIDATE TO FILL ONE MEMBER SEAT ON THE NSVIRWM BOARD. (County Administration) 2. Appointment to the Northern Sacramento Valley Integrated Regional Water Management (NSVIRWM) Technical Advisory Committee (TAC) — The Northern Sacramento Valley Integrated Regional Water Management (NSVIRWM) is a collaborative effort to enhance coordination of water resources in the region and involves multiple agencies, stakeholders, tribes, individuals and groups to address water -related issues to the region and pursue funding to address them. The planning region includes the area covering six counties: Shasta, Tehama, Butte, Glenn, Colusa and Sutter. The NSVIRWM Board is comprised of 14 members, with 2 members appointed by the Board of Supervisors of each participating county and 2 Tribal Representative members, serving a two year term. The TAC includes: one staff person and one landowner representative from each county appointed by the Board of Supervisors of the respective county, two Tribal representatives, one representative from the California Department of Water Resources, one from the Northern California Water Association, and two "at -large" representatives who are appointed by the full NSVIRWM Board. Appointments to the TAC will be reconsidered every two years or as positions are vacated. NSVIRWM Board members are excluded from serving on the TAC. The TAC will be a working group directed by the Board that will advise and act as staff to the Board — ACTION REQUESTED — APPOINT QUALIFIED CANDIDATE TO FILL AT -LARGE MEMBER SEAT ON THE NSVIRWM TAC. (County Administration) 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 2022 Board of Supervisors Regular Meeting Calendar - Pursuant to Butte County Code section 2-13, Board Meetings are held on the second and fourth Tuesday of each month, with the ability to alter the schedule by a majority vote. Typically, the meeting dates in July, November, and December are altered to accommodate the California State Association of Counties Annual Conference, vacations, and the holiday schedule. The 2022 meeting calendar follows County Code with meetings held on the second and fourth Tuesday of every month with the exception of February, July, November, and December, which each only have one meeting — ACTION REQUESTED — PROVIDE DIRECTION AND ADOPT THE 2022 BOARD OF SUPERVISORS REGULAR MEETING CALENDAR. (County Administration) Page 9 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA- NOVEMBER 9, 2021 4.03 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 2021 conference begins November 29, 2021. Any member of the Board of Supervisors is eligible to be nominated as Director. Appointments will be done by the CSAC Executive Committee. Currently, Supervisor Lucero is the Delegate Member, and Supervisor Ritter is the Alternate Member — ACTION REQUESTED - 1) NOMINATE ONE MEMBER OF THE BOARD OF SUPERVISORS TO THE CSAC BOARD OF DIRECTORS, FOR A TERM OF ONE YEAR BEGINNING NOVEMBER 29, 2021; AND 2) NOMINATE ONE MEMBER OF THE BOARD OF SUPERVISORS AS THE ALTERNATE TO THE CSAC BOARD OF DIRECTORS, FOR A TERM OF ONE YEAR BEGINNING NOVEMBER 29, 2021. (County Administration) 4.04 Memorandum of Understanding (MOU) with the City of Chico (City) for the Use American Rescue Plan Act (ARPA) Funding to Provide Shelter to the Individuals Experiencing Homelessness in the City - On October 12, 2021, the Board of Supervisors committed $1.7 million of one-time ARPA funding to the City for a joint City/County project to assist individuals experiencing homelessness. Specifically, the City will use this funding to purchase 177 pallet shelters to provide housing to those experiencing homelessness. County Administration recommends approval of an MOU between the County and the City of Chico that defines responsibilities of each party including the requirements to adhere to all ARPA and other federal expenditure guidelines. While the Board already approved the project and the related budget adjustment, an MOU is needed to make the actual payment to the City — ACTION REQUESTED — APPROVE THE MOU AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) 4.05 Update to the Butte County Regional Economic Development Strategy for 2022 through 2024 Butte County General Plan 2030, adopted by the Board of Supervisors on October 26, 2010, included an Economic Development Element. The Element details the goals, objectives, and action items associated with economic development planning over the next twenty years. Action Item ED.A1.1 calls for the creation of a Regional Economic Development Strategy with goals including, but not limited to, retaining and growing existing businesses and enabling new business investment. On January 25, 2011 the Board of Supervisors approved the Butte County Regional Economic Development Strategy. The Strategy was updated on February 11, 2014 for three years, and on August 8, 2017 for an additional three years ending in 2020. To account for 2021 spent largely in wildfire disaster recovery and the pandemic, the next three-year installment begins in 2022 through 2024 and integrates recovery and resilience activities into the core strategy: 1) Support Economic Recovery and Resilience; 2) Support Infrastructure Investment; 3) Stabilize and Grow the Existing Workforce; 4) Grow Existing and Emerging Industries; 5) Provide Core Business Services for Retention and Attraction; 6) Coordinate with Local, Regional and State Partners. The 2022-2024 Update continues with the previously set goals and initiatives, and updates the program of work to include various new action items which will further the economic development efforts of the County over the next three years. The update specifically includes action items targeting key areas within the County for economic development activity—ACTION REQUESTED - APPROVE THE 2022-2024 UPDATE TO THE BUTTE COUNTY REGIONAL ECONOMIC DEVELOPMENT STRATEGY. (County Administration) Page 10 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA- NOVEMBER 9, 2021 4.06 Adoption of an Urgency Ordinance amending Chapter 53, "Camp Fire Recovery", Extending the Effective Period for Temporary Housing and Allowing the Transitory Period to Expire - Pursuant to California Constitution Art. XI, section 7 and Government Code sections 25123(d) and 25131, the Department of Development Services proposes the adoption of an Urgency Ordinance, as directed by the Board of Supervisors, amending Butte County Code Chapter 53, "Camp Fire Recovery". Although the Camp Fire occurred three years ago, the process of rebuilding the thousands of residences that were damaged or destroyed and reestablishing the lives of those who lost their residences and possessions has taken much longer than anticipated. There remains an immediate need for housing to accommodate persons who have been displaced by the Camp Fire. Because so many of the residences damaged or destroyed in the Camp Fire have not yet been reconstructed or replaced, this Chapter temporarily relaxes some building and zoning regulations to allow for additional housing both inside and outside of the Camp Fire affected area for displaced persons. Due to the magnitude of the destruction, there is a need to provide for sufficient housing options both inside and outside of the Camp Fire affected area, and there is a need to allow more time to pursue the housing options. For this reason, the Board of Supervisors finds that it is necessary that the Effective Period be extended to December 31, 2022. By contrast, the Board finds that the time for occupying land without the utilities deemed necessary for human habitation has passed and, thus, the Transitory Period will be allowed to expire on March 31, 2022. Amendments include: 1) Extending the date of the "effective period" in Sections 53-11, 53-32, and 53-52 from December 31, 2021 to December 31, 2022; and 2) Allowing the "transitory period" as defined in Sections 53-33 and 53-53 to expire on March 31, 2022. The proposed Urgency Ordinance will take effect immediately upon a four-fifths approval of the Board of Supervisors — ACTION REQUESTED - ADOPT THE URGENCY ORDINANCE OF THE BUTTE COUNTY CODE PERTAINING TO BUTTE COUNTY CODE CHAPTER 53, "CAMP FIRE RECOVERY" AND AUTHORIZE THE CHAIR TO SIGN (4/5 VOTE REQUIRED). (Development Services) 4.07 General Plan 2040 Housing Element Update Presentation -The Housing Element is a required element of the General Plan that is being updated in coordination with the Butte County General Plan 2040 update. The Housing Element is required to be updated every eight years. The Department of Development Services has worked on an update to the Housing Element with General Plan consultant Placeworks. Placeworks has prepared a presentation for the Board of Supervisors on the County's Regional Housing Needs Allocation (RHNA) as well as the key changes to State Housing Laws and Regulations — ACTION REQUESTED — ACCEPT FOR INFORMATION. (Development Services) 4.08 Presentation of the Butte County Implementation Plan for Department of Juvenile Justice (DJJ) Realignment - On September 23, 2020, Governor Newsom signed Senate Bill (SB) 823 (De Leon), Juvenile Justice Realignment, into law. SB 823 moved to close the State DJJ facilities and transfer responsibility for the long-term housing and programming of youth adjudicated of serious felony offenses, as outlined in 707(b) of the Welfare and Institutions Code, back to the local counties. Each county was required to develop a local plan to serve this realigned population through coordination with a newly developed subcommittee of the local Juvenile Justice Coordinating Council. The local plan is submitted annually to the newly created State Office of Youth and Community Restoration. The Board of Supervisors is not required to approve the plan, but shall consider the plan when allocating future revenues provided by the realignment legislation. The Probation Department will provide a presentation regarding the County's Implementation Plan for DJJ Realignment, which is called the Commitment to Success Program. The presentation will include an overview of SB 823 DJJ Realignment; the local realignment planning process; and the fundamentals and structure of the Commitment to Success Program including development, guiding principles, and structure — ACTION REQUESTED — ACCEPT FOR INFORMATION. (Probation) Page 11 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA- NOVEMBER 9, 2021 4.09 Items Removed from the Consent Agenda for Board Consideration and Action 5. PUBLIC HEARINGS AND TIMED ITEMS 5.01 9:45AM — Timed Item — General Plan Amendment and Rezone for Jim Miller (GPA21- 0001/REZ21-001) — The applicant requests a General Plan Amendment (GPA21-0001), from a Very Low Density Residential (VLDR) to an Industrial (1) General Plan designation, and a Rezone (REZ21-0001) from a VLDR to a Light Industrial (LI) zone on a 3.55 -acre eastern portion of parcel (APN 040-030-104) located at 200 Speedway Avenue south of the City of Chico, within its sphere of influence. There is no industrial development proposal associated with this project at this time. The Planning Commission considered this item at a public hearing held on September 23, 2021 and recommended approval of the General Plan Amendment and Rezone to the Board of Supervisors on a 5-0 vote. This amendment would be the first General Plan Amendment in the 2021 calendar year, and its approval would not exceed the four total amendments allowed under Government Code section 65358 (b) — ACTION REQUESTED — 1) ADOPT THE RESOLUTION APPROVING A NEGATIVE DECLARATION AND AMENDING THE GENERAL PLAN LAND USE MAP AND AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT THE ORDINANCE AMENDING THE ZONING MAP AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) 5.02 10:OOAM — Timed Item — Itemized Costs and Penalties Related to Nuisance Abatement to Record a Lien and Impose a Special Assessment - On May 13, 2019, a Hearing Officer declared a public nuisance existed on the property listed under Butte County Code Chapter 32A — Property Maintenance and Abatement of Nuisances. This hearing has been scheduled to authorize the Board of Supervisors to record a lien and special assessment to recover the County's costs for Code Enforcement Case Numbers CE15-1889 at 2723 Highway 70, Oroville (APN 025-160-047) in the amount of $5,420.88 — ACTION REQUESTED — APPROVE THE PROPOSED LIEN AND SPECIAL ASSESSMENT IN THE AMOUNT OF $5,420.88. (Development Services) 5.03 11:00AM —Timed Item - Butte County 2021 Redistricting Draft Maps - Every ten years following the federal census, the boundaries of the supervisory districts of the County must be adjusted so that the districts are similar in population. Redistricting Partners, the consultants hired to manage the 2021 redistricting process in Butte County, presented draft district maps to the Board on October 12, 2021 where additional public input and Board testimony was provided. They are returning to present revised draft district maps, based upon community of interest testimony, Board input and publicly submitted maps. Each of the maps follows all legal requirements, including the Federal Voting Rights Act, Fair Maps Act and the Constitution. Additional community input will be taken and additional Board direction will be given —ACTION REQUESTED —PROVIDE DIRECTION. (County Administration) Page 12 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA- NOVEMBER 9, 2021 5.04 1:30PM —Timed Item - Resolution Denying the Appeal and Denying the Tentative Parcel Map TPM19-0002 - George Nicolaus (Appellant) filed an appeal of the Planning Commission's May 20, 2021, denial (2-2 vote) of Tentative Parcel Map TPM19-0002 (Nicolaus). The proposed Tentative Parcel Map was to divide 52.72 acres into four parcels (three at 1.01 acres and one at 1.19 acres) and a 48.5 acre remainder parcel with frontage/access on Magness Court, a county -maintained road and a private road, accessed from Anjou Court. An Initial Study and Mitigated Negative Declaration have been prepared in accordance with the California Environmental Quality Act (CEQA) Guidelines. The project parcels are located on the east side of State Highway 99 and west of the Autumn Park Subdivision, approximately 2,000 feet north of Wilson Landing Road, north and west of Chico. Assessor Parcel Numbers: 047-260-199 and 047-260-197. The Board of Supervisors conducted a hearing on July 20, 2021 on the appeal and made a motion of intent for denial of the project. The Department of Development Services and the Department of Public Works present the resolution denying the appeal and denying Tentative Parcel Map TPM19-0002 following the motion of intent by the Board of Supervisors—ACTION REQUESTED —ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) 5.05 2:30PM — Timed Item - Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer A. North Complex Fire Recovery Update B. COVID-19 Update by Director of Public Health C. CAO Comment 5.06 2:45PM — Timed Item - Discussion of Potential Termination of Local Disaster Proclamation Resolution Due to COVID - The Board of Supervisors ratified an Emergency Proclamation due to COVID-19 on March 10, 2020. Since then the nation, State, and the County have experienced periods of high infection and of low infection rates. The federal government has passed several acts to provide relief from and mitigate and recover from the impacts of COVID. These programs and funding sources come from six different federal acts: Coronavirus Preparedness and Response Supplemental Appropriations Act; Families First Coronavirus Response Act; Coronavirus Aid, Relief, and Economic Security Act; Paycheck Protection Program and Health Care Enhancement Act; Continuing Appropriations Act, and American Rescue Plan. These acts include programs such as distribution and administration of vaccines; emergency medical care costs; purchase and distribution of food; alternate care sites; non -congregate sheltering; purchase and distribution of PPE; moratoriums on evictions; assistance related to telecommunications programs (including support for broadband); assistance related to public transit or other transportation programs; and a number of resources from the State, such as contact tracers and case investigation workers. Early in the pandemic receipt of certain funding required a local emergency proclamation. Subsequent funding streams are less clear, although it is likely that the State Declaration of Emergency is sufficient. The complexity of enabling statutes and funding authorities means that in many cases, the County will not know whether certain costs and programs are eligible until an audit is concluded many years later. Terminating the COVID proclamation may delay or disrupt the acquisition of goods and services that are expedited under an emergency contract. Due to these concerns, the County Administration recommends not terminating the COVID proclamation — ACTION REQUESTED — 1) TAKE NO ACTION; or 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) Page 13 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA- NOVEMBER 9, 2021 5.07 3:OOPM —Timed Item — Board of Supervisors Public Comment 6. BOARD OF SUPERVISORS CLOSED SESSION 6.01 Public Employee Employment, Appointment, Recruitment, Performance Evaluations, Including Goals, Pursuant to Government Code Section 54957: A. Agricultural Commissioner B. Behavioral Health Director C. Chief Administrative Officer D. Chief Probation Officer E. Child Support Services Director F. County Counsel G. Development Services Director H. Employment and Social Services Director I. Human Resources Director J. Information Services Director K. Library Director L. Public Health Director M. Public Works Director N. Water and Resources Conservation Director 6.02 Actual litigation pursuant to Gov. Code Sec. 54956.9(d)(1) - 3 cases: A. Nance Canyon Partners, L.P., v. County of Butte, et al; Butte County Superior Court Case No. 20CV02372. B. County of Butte, et al. v. Amerisourcebergen Drug Corporation, et al., U.S. District Court - Northern District of Ohio, Eastern Division Case No. 18 -op -45627 C. Marten v. Butte County; Workers' Compensation Appeals Board Case No. ADJ12754126 (Claim No.: BAUQ-550906). Page 14 Butte County Department Heads Agricultural Commissioner: Louie Mendoza Assessor*: Diane Brown Auditor -Controller*: Graciela Gutierrez Behavioral Health: Scott Kennelly Chief Administrative Officer: Andy Pickett Chief Probation Officer: Wayne Barley Child Support Services: Sean Farrell Clerk -Recorder/ Registrar of Voters*: Candace Grubbs County Counsel: Bruce Alpert Development Services: Paula Daneluk District Attorney*: Mike Ramsey Employment & Social Services: Shelby Boston Fire Chief: John Messina General Services: Grant Hunsicker Human Resources: Sheri Waters Information Systems: Dino Cabal Library: Narinder Sufi Public Health: Danette York Public Works: Joshua Pack Sheriff -Coroner*: Kory Honea Treasurer -Tax Collector* Troy Kidd LIC Cooperative Extension Advisor: Luis Espino Water & Resource Conservation: Kamie Loeser *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. 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. 2. Consent Agenda: These items 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. 3. 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. 4. 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. 5. Closed Session: The Board is authorized, by law, to meet in a closed session in certain circumstances. This area of the agenda identifies those items that will be discussed during the closed session. Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow members of the public the opportunity to comment on all matters before the Board. Public participation is limited to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing of these policies and procedures can be found in the printed booklet agenda, obtained at the County Administrative Office, or viewed at the Clerk of the Board website. The Board of Supervisors is also committed to making its proceedings accessible to all residents. Individuals with special needs should call the Clerk of the Board at 530.552.3300, Monday through Friday, 8:00 a.m. to 5:00 p.m. to request disability -related modifications/accommodations, or to request materials in alternate formats. All requests for special accommodations and/or alternative format documents must be made 48 hours prior to the meeting. For further information contact the: Clerk of the Board of Supervisors County Administration Office 25 County Center Drive, Suite 200, Oroville, CA 95965 530.552.3300 Page 15 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA- NOVEMBER 9, 2021 Page 16