HomeMy WebLinkAboutA011122C A L I F O R N I A
ANDY PICKETT
CHIEF ADMINISTRATIVE OFFICER &
CLERK OF THE BOARD
1. CALL TO ORDER
BUTTE COUNTY
BOARD OF SUPERVISORS
REGULAR MEETING AGENDA
JANUARY 11, 2022
9:00 Ann
MEETING LOCATION
BOARD OF SUPERVISORS CHAMBERS
25 COUNTY CENTER DRIVE, SUITE 205
OROVILLE, CALIFORNIA 95965-3380
Pledge of Allegiance
Observation of a Moment of Silence
A. Board of Supervisors Composition for 2022
Election of Board Chair
ii. Election of Board Vice Chair
2. CORRECTIONS AND/OR CHANGES TO THE AGENDA
3. CONSENT AGENDA
A. Supervisor Comments on Consent Agenda Items
B. Adopt Consent Agenda
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
3.01 Agreement with Butte County Superior Court for Dispute Resolution Program -The Butte County
Superior Court collects funds for the Dispute Resolution Program through a portion of filing fees.
By law, these funds are received by the County and are to be used to provide dispute resolution
services at the Court. The Court contracts with Cal Northern School of Law to provide these
services, and the County provides the Court the funding for the program. County Administration
recommends entering into an agreement with the Butte County Superior Court for the Dispute
Resolution Program, funded by a dedicated portion of filing fees. The term of the agreement is
January 1, 2022 through December 31, 2022, not -to -exceed $44,000 — action requested —
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
3.02 Consolidated Development Impact Fee Report for Fiscal Year 2020-21 - Pursuant to California
Government Code section 66006(b), the Butte County Consolidated Development Impact Fee
Report for Fiscal Year 2020-21(Report) has been available for the Board of Supervisors and public
review in the Office of the Clerk of the Board since December 27, 2021. The Report includes
both County and Special District Development Impact Fee funds information and the required
five-year findings. California Government Code Section 66001(d) sets forth the requirements of
findings the Board must make in the fifth year following the first deposit into a fund and every
fifth year thereafter regarding the unexpended balance in the respective fund. Department
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 11, 2022
Heads and Special District Managers are responsible for the five-year findings for their
Development Impact Fee funds — action requested — ACCEPT FOR INFORMATION; AND MAKE
FINDINGS AS DETAILED IN THE REPORT FOR EACH OF THE REQUIRED FUNDS AS SET FORTH IN
GOVERNMENT CODE 66001(d). (County Administration)
3.03 Letter of Support for Oroville Dam High Release Inundation Modeling - The private non-profit,
Safer3 is applying for a CalOES Hazard Mitigation Grant to support modeling of high flow releases
out of Oroville Dam. This project will develop inundation maps and associated flood -flow times
for elevated releases from Oroville Dam. The current authorized maximum release from Oroville
Dam is 150,000 cubic feet per second (cfs), however, the dam is designed to discharge a
maximum of approximately 625,000 cfs during a Probable Maximum Flood. Currently, limited
modeling has been developed to manage consequences downstream of Oroville Dam should
releases greater than 150,000 cfs be required. Consequence management includes factors such
as targeted evacuation zones/areas, evacuation notice time by dam owner/operator to the
Sheriff's Office, and establishment of evacuation routes. The proposed Safer3 study and
modeling would be available to the County to integrate into the Emergency Operations Plan and
related Emergency Action Plans — action requested — APPROVE LETTER OF SUPPORT FOR
SAFER3'S GRANT APPLICATION PACKAGE AND AUTHORIZE THE CHAIR TO SIGN. (County
Administration)
3.04 Butte County Behavioral Health Board (BHB) Request of Kyle Horst for Community Member
Representative, Second Term — The BHB was established pursuant to Welfare and Institutions
Code section 5604 to review and evaluate the community's mental health needs, services,
facilities and special problems; review County agreements entered into pursuant to Mental
Health Services Act; advise the local Mental Health Director regarding the local mental health
program; review and approve the procedures used to ensure resident and professional
involvement of the planning process; submit an annual report on the needs and performances
of the County's mental health services; review and comment on the County's performance
outcome data and communicate its findings to the Behavioral Health Planning Council; and
assess the impact of realignment from the State to the County on services delivered to clients
and the local community. The BHB consists of 13 to 15 members, with 50% of the membership
being direct consumers or family members of consumers who are receiving mental health
services, with three being direct consumers and three being family members of consumers
receiving mental health services; one member of the Board of Supervisors; one law enforcement
representative; one youth representative; and up to six community members. The Behavioral
Health Board unanimously voted to recommend Kyle Horst for a second term as a Community
Member at its November 17, 2021 regular meeting. The Community Member term ends
December 31, 2024— action requested — APPROVE KYLE HORST'S REQUEST FOR A SECOND TERM
AS A COMMUNITY MEMBER REPRESENTATIVE WITH THE BEHAVIORAL HEALTH BOARD.
(Behavioral Health)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 11, 2022
3.05 Grant Agreement Amendment with North Valley Community Foundation (NVCF) Butte Strong
Fund for Department of Behavioral Health Strengthening Families Program (SFP) - On November
10, 2020, the Butte Strong Committee of the NVCF approved a proposal to provide grant funding
to the Department for the SFP. The SFP is a comprehensive approach to provide support,
increase skills and knowledge, and create a learning community through growth and healing. The
SFP is a science -based program with 14 sessions that focus on life skills for parents/guardians,
families, and children, culminating with a graduation for the parents/guardians and children who
complete the program. Each session includes a family meal, skill session, family time, and
childcare with transportation available if needed. The grant will provide services to
approximately 64 individuals in various demographics. On January 12, 2021 the Board of
Supervisors approved the grant agreement with NVCF for the Butte Strong grant funding. The
term of the agreement is January 12, 2021 through June 30, 2021, not -to -exceed $50,000. The
Department requests to amend this agreement to extend the term of the grant through June 30,
2022, all other terms remain the same — action requested — 1) APPROVE AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED).
(Behavioral Health)
3.06 Budget Adjustment for Tenant Improvement Project at 202 Mira Loma Drive, Oroville for
Department of Public Health - The Department of Public Health requires a tenant improvement
project at 202 Mira Loma Drive, Oroville to accommodate current operational needs. The
department requires the installation of eight cubicle workstations with related data and
electrical connection to convert a training room into dedicated work space, for an estimated cost
of $33,700. The departments of Public Health and General Services request that the Board of
Supervisors approve the budget adjustment in the amount of $33,700 from Public Health to
General Services — action requested — APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED).
(General Services)
3.07 Budget Adjustment for Tenant Improvement Projects at 205 Mira Loma Drive, Oroville and 7204
Skyway, Paradise for Department of Employment and Social Services - The Department of
Employment and Social Services requires tenant improvement projects at two facilities to
accommodate current operational needs. The Department requires the installation of an access
control system, for an estimated cost of $18,400, at 7204 Skyway in Paradise and the extension
of a chain link fence within the warehouse at 205 Mira Loma, Suite 50, in Oroville, with an
estimated cost of $16,000, to improve security and inventory control. The departments of
Employment and Social Services and General Services request that the Board of Supervisors
approve the budget adjustment in the amount of $34,400 from Employment and Social Services
to General Services—action requested — APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED).
(General Services)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 11, 2022
3.08 Settlement Agreement, Conveyance Agreement, Resolutions and Budget Adjustment for
Conveyance of the Southside Oroville Community Center to the Oroville Southside Community
Improvement Association - The Southside Oroville Community Center (SOCC), located at 2959
Lower Wyandotte Road in Oroville, was constructed in 2002 and includes a 23,903 square foot
Community Center and six partially improved parcels of land that abut the Center. In addition to
funds from the County, the City of Oroville and community members, the Economic
Development Administration (EDA) granted funds and recorded a Covenant of Purpose, Use and
Ownership requiring the County to retain ownership until May 29, 2021. Since March of 2011
when the Property Manager (Private Industry Council) closed its doors, the County has spent
over $1,100,000 in discretionary funds for facility maintenance and repairs. In June 2016, the
Oroville Southside Community Improvement Association (OSCIA) took over managing the
property and has contributed more than $486,000 in repairs and operating funds and has
established a $50,000 building reserve fund for future repairs. Staff recommends that the Board
of Supervisors take the necessary steps to convey the SOCC to OSCIA with the following actions:
deem the SOCC real property surplus to the county; clear any use restrictions established by the
EDA; approve the settlement agreement with the City of Oroville addressing their rights and
interest to the facility; and approve conveyance documents of the SOCC to the OSCIA. — action
requested - 1) DEEM THE SOCC REAL PROPERTY, INCLUDING ALL PARCELS, AND PERSONAL
PROPERTY, INCLUDING OVERHEAD PROJECTOR AND DISHWASHER, SURPLUS TO THE COUNTY
AND REMOVE THE REAL AND PERSONAL PROPERTY FROM THE CAPITAL ASSET LEDGER
ASSOCIATED WITH THE SOCC; 2) APPROVE THE EDA RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN; 3) APPROVE THE SETTLEMENT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; 4)
APPROVE THE BUDGET ADJUSTMENT; AND 5) APPROVE THE CONVEYANCE RESOLUTION AND
CONVEYANCE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (General Services)
3.09 Capital Asset Purchase and Budget Adjustment - Portable Traffic Signals - When roads are
damaged or in major disrepair, the Department of Public Works may rent portable traffic signals
to provide short-term traffic control to ensure the safety of the traveling public. The cost to rent
two portable traffic signals is currently $8,228 per month. The cost to purchase two portable
traffic signals is $70,000. Due to recent disasters throughout the County, the Department has
been renting portable traffic signals on a routine basis. Most recently, the Department has
utilized two rented portable traffic signals for one-way traffic control on portions of Oro Quincy
due to damage from the October atmospheric river event. The Department recommends the
Board of Supervisors approve a capital asset authority and budget adjustment to purchase two
portable traffic signals — action requested — 1) APPROVE CAPITAL ASSET PURCHASE; AND 2)
APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Public Works)
3.10 Capital Asset Purchase and Budget Adiustment for Chico- MUD Creek Drainage Sprav Ri
County Service Area (CSA) 24 - On November 9, 2021, the Board of Supervisors approved a
capital asset purchase and budget adjustment for the purchase of a utility vehicle for CSA 24.
The Department of Public Works is requesting capital asset authority to purchase a spray rig for
the utility vehicle. The total cost of the spray rig is $7,423. The Department recommends the
Board approve the capital asset purchase and budget adjustment for the purchase of a
mounted spray rig for the CSA 24 utility vehicle — action requested — 1) AUTHORIZE CAPITAL
ASSET PURCHASE; AND APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Public Works)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 11, 2022
3.11 Budget Adjustment and Contract with Fair Street Landscaping for Landscaping Services for
County Service Area (CSA) 172 Autumn Park Subdivision - CSA 172 (Autumn Park) was formed in
1999 and provides various services. Installation and maintenance of landscaping along Kittyhawk
Road and Garner Lane are required as a condition of approval for the subdivision, and CSA 172
provides the annual revenue for these services. The Department of Public Works provides
contract management for annual landscaping maintenance services. The County recently issued
Request for Quotations 2021-14 to continue landscaping services that yielded a single bidder,
Fair Street Landscaping, Chico for $1,656 per month. The Department recommends awarding
the contract to Fair Street Landscaping, for a not -to -exceed amount of $32,000 for a term of one
year, with the option of two one-year extensions. Monthly maintenance costs are estimated at
$1,656 per month. The contract includes additional funding for non -routine repairs (i.e. irrigation
system repairs) on an as -needed basis. It is anticipated that half of this contract will be applicable
in the next (FY 2022/23) fiscal year. Public Works will incorporate these costs as part of the FY
2022/23 budgetary process for CSA 172. With significant increases in maintenance efforts and a
corresponding increase in communications and staff support this past fiscal year, administrative
costs for CSA 172 have exceeded previously budgeted totals and additional funds are required.
The Department anticipates that administrative needs will decrease for the remainder of the
fiscal year since most of the significant maintenance work has been completed. The Department
recommends the Board of Supervisors approve a budget adjustment for landscaping
maintenance and administrative costs — action requested — 1) APPROVE CONTRACT AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED).
(Public Works)
3.12 Contract with Compliance SFO, Inc. for Completion of Investigative Final Report (IFR) at the Neal
Road Recycling and Waste Facility (NRRWF) - On November 18, 2020, the California State Water
Resources Control Board (SWRCB) issued an Investigative Work Order requiring NRRWF to
prepare an Investigative Work Plan (IWP) to assess the environmental, stormwater, soils,
biological, and human health and safety risks posed by leachate seeps discharges at NRRWF in
2019. The IWP was completed and submitted to the SWRCB for review on August 23, 2021. The
SWRCB approved the IWP on September 30, 2021, which requires the completion of an IFR. The
IFR requires multiple soil and stormwater samples, a human health and safety risk evaluation,
threatened and endangered species evaluation, wetlands delineation, and biological
assessment. The County retained Compliance SFO, Inc. to prepare the IWP and recommends
entering into a new contract with Compliance SFO, Inc. to complete the IFR. The term of the
contract will be for one year from January 11, 2022, through January 10, 2023, not -to -exceed
$200,000 — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN.
(Public Works)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 11, 2022
3.13 Contracts for On -Call Floodplain and Watershed Management -The Department of Public Works
needs on-call experts to provide services to support ongoing operations, development review,
and the delivery of current and future floodplain and watershed management projects and
programs. The Department released a Request for Qualifications on September 7, 2021. Four
firms submitted a Statement of Qualifications that the Department evaluated and ranked based
on experience, capacity, and overall professional qualifications. Three firms have the
qualifications to perform the on-call flood management services: Peterson Brustad, Inc. of
Folsom; Kjeldsen, Sinnock & Neudeck of West Sacramento; and Environmental Science
Associates of San Francisco. Technical and administrative support for specific projects during the
contract term will be procured through the task -order process with funding budgeted in the fiscal
year in which the work is scheduled. Task orders that result from this solicitation will provide
primary technical and administrative support for the Department's flood management
responsibilities and may play an active role in making recommendations on flood management -
related actions. The County has also included contract language to ensure these services may be
utilized during disaster events where FEMA reimbursement may be available. The Department
recommends a contract with each firm for on-call floodplain and watershed management
services. The term of each contract is five years from January 11, 2022, to January 11, 2027, not -
to -exceed $500,000 — action requested — APPROVE CONTRACTS (3) AND AUTHORIZE THE CHAIR
TO SIGN. (Public Works)
3.14 Budget Adiustment for the Edward Bvrne Memorial Justice Assistance Grant (JAG) Program -The
City of Chico and the Butte County Sheriff jointly applied for funds under the JAG Program. The
City of Chico is the designated grant administrator, and it receives the funds and then enters into
an MOU to disburse the funds. The Chico Police Department will receive $39,602 to purchase
equipment for its use. The Sheriff's Office will receive $19,312 to fund the purchase of
miscellaneous computer and camera equipment, tablets, and rifles with related attachments. On
December 14, 2021, the County entered into the MOU with the City of Chico for distribution of
JAG funds. The Sheriff's Office recommends a budget adjustment in the amount of $19,312 —
action requested —APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Sheriff)
3.15 Budget Adjustment for the California Off -Highway Motor Vehicle Division Grant - On December
14, 2021, the Board adopted a resolution to allow the Sheriff's Office to accept grant funding
from the California Department of Parks and Recreation, Off -Highway Motor Vehicle Division in
the amount of $30,893. The grant funds patrol and law enforcement efforts to designated service
areas including the Plumas and Lassen National Forests, the Jonesville Sno-Park, and Butte
Meadows. Grant funds will reimburse expenses for salaries and benefits and the purchase of a
new snowmobile with an estimated cost of $14,200. The Sheriff's Office recommends a budget
adjustment in the amount of $30,893 — action requested —APPROVE BUDGET ADJUSTMENT (4/5
VOTE REQUIRED). (Sheriff)
3.16 Accept Donation from Metal Cloak - Metal Cloak has donated thirteen vehicle parts with a total
value of $12,917 to the Sheriff's Office. Parts will be installed on a 2021 Jeep Wrangler already
owned by the Sheriff's Office to provide protection to the vehicle when it is used in off-road
conditions. The Sheriff's Office recommends accepting the donated parts — action requested —
ACCEPT DONATION. (Sheriff)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—JANUARY 11, 2022
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. 2022 Board Member Committee Assignments - Each year at its first meeting, the Board
of Supervisors appoints Board Members to various standing committees. In addition to
assigning Board Members to those terms which have expired, the Board may amend
committee assignments and/or disband any committee that is no longer necessary —
action requested - 1) APPOINT BOARD MEMBERS TO COMMITTEES AS DETAILED IN THE
STAFF REPORT; 2) AMEND BOARD MEMBER COMMITTEE ASSIGNMENTS, IF DESIRED;
AND DISBAND ANY COMMITTEE THAT IS NO LONGER NECESSARY. (County
Administration)
2. Reappointment to the Assessment Appeals Board (AAB) —The AAB is a governing body
provided for under the Constitution of the State of California, as well as Article IV of the
Butte County Code. The AAB is an independent entity whose function is to resolve
disputes between the County Assessor and taxpayers over values of locally assessed
property. The AAB consists of three members appointed by the Board of Supervisors.
Members must have at least five years of experience as either a lawyer, Certified Public
Accountant, licensed real estate broker, property appraiser, or is a person who the
nominating member of the Board of Supervisors has reason to believe possesses
competent knowledge of property appraisal and taxation. AAB members serve for a
period of three years, and continue to serve until their successor is appointed. The AAB
is requesting that the Board of Supervisors reappoint Jodi White as a Regular Member
of the AAB, with a term ending January 11, 2023 — action requested — REAPPOINT JODI
WHITE TO THE ASSESSMENT APPEALS BOARD WITH A TERM ENDING JANUARY 11,
2023. (Other — Assessment Appeals Board)
3. Butte County Behavioral Health Board (BHB) Appointment of Toby Dowd Consumer
Representative, First Term Request—The BHB was established pursuant to Welfare and
Institutions Code section 5604 to: review and evaluate the community's mental health
needs, services, facilities and special problems; review County agreements entered into
pursuant to Mental Health Services Act; advise the local Mental Health Director
regarding the local mental health program; review and approve the procedures used to
ensure resident and professional involvement of the planning process; submit an
annual report on the needs and performances of the County's mental health services;
review and comment on the County's performance outcome data and communicate its
findings to the Behavioral Health Planning Council; and assess the impact of
realignment from the State to the County on services delivered to clients and the local
community. The BHB consists of 13 to 15 members, with 50% of the membership being
direct consumers or family members of consumers who are receiving mental health
services, with three being direct consumers and three being family members of
consumers receiving mental health services; one member of the Board of Supervisors;
one law enforcement representative; one youth representative; and up to six
community members. The Behavioral Health Board unanimously voted to recommend
Toby Dowd to fill a Consumer Representative position vacated by Curt Brinson at its
November 17, 2021 regular meeting. This Consumer Representative position term ends
December 31, 2023 — action requested — APPOINT TOBY DOWD TO THE BEHAVIORAL
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 11, 2022
HEALTH BOARD AS A FIRST TERM CONSUMER REPRESENTATIVE, TERM ENDING
DECEMBER 31, 2023. (Behavioral Health)
4. 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 comprised of a nine -member
commission including 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. In addition, the
Board of Supervisors appoints five alternates to the First 5 commission. Commissioner
Valdez requested to convert from a regular Commissioner to an alternate. Therefore,
First 5 recommends the Board of Supervisors make the following appointments: Dr.
Lourdes Valdez as an alternate Commissioner, with a term ending June 30, 2023. Dr.
Valdez is a practicing pediatrician and fulfills the role of representative of local medical,
pediatric or obstetric association. Matthew Reddam as a regular Commissioner, with a
term ending June 30, 2022. Mr. Reddam previously served as an alternate
Commissioner, is a mental health advisor for Butte County Office of Education, and
fulfills the role of representative of a local school district — action requested — APPOINT
DR. LOURDES VALDEZ TO THE BUTTE COUNTY CHILDREN AND FAMILIES COMMISSION
AS AN ALTERNATE COMMISSIONER WITH A TERM ENDING JUNE 30, 2023; AND
APPOINT MATTHEW REDDAM TO THE BUTTE COUNTY CHILDREN AND FAMILIES
COMMISSION AS A COMMISSIONER WITH A TERM ENDING JUNE 30, 2022. (Other —
Butte County Children and Families Commission - First 5)
5. Reappointments to the Durham Mosquito Abatement District (District) -The mission of
the District is primarily to suppress mosquito -transmitted disease and to also reduce
the annoyance levels of mosquitoes and diseases associated with ticks, fleas and other
vectors through environmentally compatible control practices and public education.
Trustees must be registered to vote within the County and a resident of that portion of
the County that is within the District's service area. The term of office for a Trustee
shall be for a term of two or four years at the discretion of the Board of Supervisors.
The District recommends that the Board of Supervisors reappoint William Dempsey and
Sandra Atteberry as Regular members to the Durham Mosquito Abatement District for
a term of 2 or 4 years — action requested - THE DISTRICT RECOMMENDS THAT THE
BOARD OF SUPERVISORS REAPPOINT WILLIAM DEMPSEY AND SANDRA ATTEBERRY AS
REGULAR MEMBERS TO THE DURHAM MOSQUITO ABATEMENT DISTRICT FOR A TERM
OF 2 OR 4 YEARS. (Other — Durham Mosquito Abatement District)
6. Appointment to the Housing Authority of the County of Butte (HACB) - The Housing
Authority of the County of Butte (HACB) assists low and moderate income residents of
Butte County to secure and maintain high quality affordable housing. Subsidized
housing is provided to families, seniors and disabled individuals whose income is
between 50% and 80% of median area income. Funding for the various programs is
provided by the U.S. Department of Housing and Urban Development and the USDA
Rural Development. The HACB is governed by a seven -member Board of Commissioners
appointed by the Board of Supervisors. Each Supervisor appoints one commissioner.
In addition, the Board also appoints two Tenant Commissioners, with one of the Tenant
Commissioner being over the age of 62 -years -old. Tenant Commissions shall serve two -
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 11, 2022
year terms. The Housing Authority of the County of Butte is requesting that the Board
of Supervisors appoint Bonnie Leschner to the vacant Tenant Commissioner Over 62
years -old seat on the Housing Authority of the County of Butte — action requested —
APPOINT BONNIE LESCHNER TO THE VACANT TENANT COMMISSIONER OVER 62 YEARS -
OLD SEAT ON THE HOUSING AUTHORITY OF THE COUNTY OF BUTTE, WITH A TERM
ENDING JANUARY 11, 2023; AND APPOINT SARAH RICHTER AS THE DISTRICT 3
REPRESENTATIVE WITH A TERM ENDING JANUARY 09, 2023. (Other — Housing
Authority of the County of Butte)
7. Appointment to the Butte County Library Advisory Board (LAB) - The Board of
Supervisors established the Butte County Library Advisory Board (LAB) for the following
purposes: update and annually maintain a strategic plan for the Butte County Library;
develop and maintain a long range library financial plan; provide an annual
statement/report on the state of the Library for the past year; develop fundraising plans
for the Board of Supervisors consideration; provide oversight of the funds deposited
with the North Valley Community Foundation on behalf of the Butte County Libraries,
oversee the development of relationships with community partners, such as schools
and business; assist with the relationships with the cities and towns in the County;
advise the Board of Supervisors on issues and trends impacting the Library; monitor
technology that will affect the operation of the Library and provide guidance to the
Board of Supervisors; develop and oversee public relations campaigns in support of the
Library; and encourage in every way possible the development and advancement of the
public library system. The LAB is composed of 10 voting members appointed by the
Board of Supervisors. Each member of the Board of Supervisors shall appoint two
members to the LAB, with each member residing within supervisorial district of the
appointing Supervisor. In addition, the County Librarian shall serve as a non-voting
member on the LAB. Meetings are held the third Wednesday of each month at 3:00
p.m. The LAB is requesting that the Board of Supervisors appoint Margaret Bomberg to
a District 2 Library Advisory Board seat with a term ending January 9, 2023 — action
requested — APPOINT MARGARET BOMBERG TO A DISTRICT 2 LIBRARY ADVISORY
BOARD SEAT WITH A TERM ENDING JANUARY 9, 2023. (Other — Butte County Library
Advisory Board)
8. Appointments to the Reclamation District 833 Board of Trustees - In the Reclamation
District 833, the number of qualified candidates filing for the Board of Trustees did not
exceed the number of vacant positions to be filled and no petition calling for election
was submitted. Pursuant to California Water Code section 50742, the Butte County
Board of Supervisors shall appoint nominees to the Board of Trustees in lieu of election.
The Reclamation District 833 requests that the Board of Supervisors appoint Jerry Davis
and Ralph Wilkerson, each to four year terms, and John Moss, to a two year term —
action requested-APPOINTJERRY DAVISAND RALPH WILKERSON, EACH TO FOUR YEAR
TERMS, AND JOHN MOSS, TO A TWO YEAR TERM ON THE RECLAMATION DISTRICT 833.
(Other —Reclamation District 833)
9. Appointments to the Sacramento River Reclamation District Board of Trustees - In the
Sacramento River Reclamation District, the number of qualified candidates filing for the
vacant Board of Trustees did not exceed the number of positions to be filled and no
petition calling for election was submitted. Pursuant to California Water Code section
50742, the Butte County Board of Supervisors shall appoint nominees to the Board of
Trustees in lieu of election. The Sacramento River Reclamation District requests that
the Board of Supervisors appoint Richard Wright, Peter Peterson, and Jay Payne each
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA—JANUARY 11, 2022
as to a four (4) year term on the Board of Trustees of the Sacramento River Reclamation
District — action requested - APPOINT RICHARD WRIGHT, PETER PETERSON, AND JAY
PAYNE EACH AS TO A FOUR (4) YEAR TERM ON THE BOARD OF TRUSTEES OF THE
SACRAMENTO RIVER RECLAMATION DISTRICT. (Other—Sacramento River Reclamation
District Board of Trustees)
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 Agricultural Hoop Structures — At the September 14, 2021, the Board of Supervisors directed
the Department of Development Services to return with draft criteria for review and approval
of a potential exemption of hoop structures from building permits. Upon further discussion with
stakeholders and other County agencies, the Department recommends a simplified permit
process for pre -manufactured hoop structures that do not exceed 24 feet in width and 2,000
square feet in area — action requested — APPROVE THE SIMPLIFIED PERMIT PROCESS FOR PRE -
MANUFACTURED AGRICULTURAL HOOP STRUCTURES OF LIMITED SIZE. (Development
Services)
4.03 Introduction of the Salary Ordinance —The Department of Human Resources has prepared an
updated Salary Ordinance. The ordinance includes details on allocated positions, and the salary
plans for classified positions, elected and appointed officials and members of the Board of
Supervisors. A new salary ordinance is typically adopted once per year and is then amended
with resolutions during the course of the year. The ordinance being considered incorporates
changes the Board of Supervisors has made by resolution to the salary ordinance through
December 14, 2021— action requested — INTRODUCE THE SALARY ORDINANCE AND WAIVE THE
FIRST READING. (Human Resources)
4.04 Butte County Public Works Disaster Project Delivery Cash Flow Needs for 2022 — Butte County
has been significantly impacted by multiple disasters. Two catastrophic and life -altering events
— the Camp Fire and the North Complex Fire — have fundamentally affected the County, while
multiple storm -related disasters have also had impacts on area communities. County -
maintained roads and infrastructure have sustained significant damage from disasters since
2017. On August 10, 2021, the Department of Public Works presented a Road Recovery and
Restoration report to the Board of Supervisors that quantified cumulative disaster impacts to
County -maintained roads and presented priorities and funding considerations for the Board's
information. FHWA distributes funding for planning, design, building, repairing, and
rehabilitation of roads and has provided consistent funding to the Department across many
projects. In recent months, permanent Camp Fire road restoration projects have been approved
by Caltrans and the Federal Highways Administration (FHWA) on Skyway, New Skyway, and
Pence Road. Caltrans and FHWA have also given authorization for repairs to Miners Ranch Road
stemming from the North Complex Fire. The Department plans to begin work on these repairs
in 2022. The total estimated cost of these projects is approximately $24.3 million. The projects
may require the County to provide local funds for short-term cash flow until the necessary
funding can be allocated by our partners. The Department does not have the resources to
provide $24.3 million in cash flow for the projects. The Department has identified several cash
flow scenarios for Board consideration with plans to return with a future action item in
alignment with Board direction. — PROVIDE DIRECTION TO THE DEPARTMENT OF PUBLIC
WORKS ON A CASH FLOW SOURCE FOR APPROVED CALTRANS AND FHWA PROJECTS. (Public
Works)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 11, 2022
4.05 Results from the Wildland Urban Interface (WUI) Green Waste Removal Pilot Program Offered
at the Neal Road Recycling and Waste Facility (NRRWF) - On May 11, 2021, the Board of
Supervisors directed the Department of Public Works to bring back an agenda item to discuss
possible roles for the NRRWF to support residential efforts to dispose of green waste generated
during fire prevention efforts. On June 8, 2021, the Board of Supervisors authorized a pilot
program to provide free green waste disposal for Butte County residents living in the Wildland
Urban Interface (WUI). The Department of Public Works advertised 11 designated disposal days
beginning June 30, 2021 and ending November 7, 2021, for residents living in the WUI area to
dispose of up to three yards of green waste at the NRRWF free of charge. A total of 672 residents
participated in the program with 331.2 tons of green waste received. The total cost to operate
the pilot program was $42,906. The Department of Public Works requests the Board provide
direction on future programs to support residential green waste disposal — action requested —
PROVIDE DIRECTION TO STAFF ON FUTURE PROGRAMS TO SUPPORT RESIDENTIAL GREEN
WASTE DISPOSAL. (Public Works)
4.06 Hmong Cultural Center of Butte County Transitional Age Youth Report — At the request of
Supervisor Lucero, representatives from the Hmong Cultural Center of Butte County will present
a report on their work with Transitional Age Youth — action requested — ACCEPT FOR
INFORMATION. (Other— Hmong Cultural Center)
4.07 Items Removed from the Consent Agenda for Board Consideration and Action
5. PUBLIC HEARINGS AND TIMED ITEMS
5.01 10:00 AM- Timed Item - 2022 State and Federal Legislative Platform Discussion — Each year, the
Board of Supervisors considers and adopts platforms establishing priorities with regard to State
and federal legislation and regulation. These platforms provide a basis for advocacy throughout
the year. The draft 2022 platforms were prepared in consultation with Department Heads, input
from Board members and assistance from the County's State and federal consultants. The draft
platforms continue to address issues such as public safety, health and human services, water,
public infrastructure, local government finances, and general government. In addition, the
documents contain legislative matters directly related to recovering from the numerous
disasters that the County has recently faced. Paul Yoder of Shaw/Yoder/Antwih/Schmelzer and
Lange will discuss the State platform and provide updates regarding current legislative activities
at the State level. Kristi More of The Ferguson Group will discuss the federal platform and
legislative activities at the federal level. Final State and federal platform documents will be
brought back before the Board at the second meeting in January for consideration based on
direction provided to staff — action requested — PROVIDE DIRECTION TO STAFF. (County
Administration)
5.02 11:30 AM — Timed Item — Resolution Granting the Appeal to modify Condition No. 16 for
Tentative Subdivision Map TSM20-0003 — Matt Shelton and Mike and Julie Jackson, the
applicants for Tentative Subdivision Map TSM20-0003, filed an appeal of Condition No. 16
included in the Planning Commission's approval of this project on October 28, 2021. Condition
No. 16 requires road and street frontage improvements along Garner Lane. The appellants
proposed an alternative to Condition No. 16, indicating the condition of the existing roadway
does not warrant additional improvements and that the proposed improvements would conflict
with existing high voltage power poles. The Board of Supervisors conducted a hearing on
December 14, 2021 on the appeal and made a motion of intent to grant the appeal to modify
Condition No.16to reflectthe appellants requestwith the inclusion of the Departmentof Public
Works modification. The Department of Development Services and the Department of Public
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 11, 2022
Works present the resolution granting the appeal of Condition No. 16 for Tentative Subdivision
Map TSM20-0003 following the motion of intent by the Board of Supervisors — action requested
— ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Development Services)
5.03 1:00 PM — Timed Item - Update of Budget, Legislative, and Other Current Issues by the Chief
Administrative Officer
A. COVID-19 Update by the Public Health Director
B. North Complex Fire Recovery Update
C. 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, and re -authorized the finding on November 9, 2021, November 18, 2021
and December 14, 2021. This resolution would re -authorize the ability to meet remotely via
teleconference through February 10, 2022 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)
D. CAO Comment
5.04 1:15 PM —Timed Item - Board of Supervisors Public Comment - Comments to the Board on issues
and items not listed on the agenda. Please note that pursuant to California State law, the Board
of Supervisors is prohibited from taking action on any item not listed on the agenda.
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -JANUARY 11, 2022
6. BOARD OF SUPERVISORS CLOSED SESSION
7.01 Public EmDlovee EmDlovment. ADDointment. 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 Initiation of litigation pursuant to Gov. Code Sec. 54956.9(d)(4)
One potential case.
7.03 Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2)
One potential case.
7.04 Actual litigation pursuant to Gov. Code Sec. 54956.9(d)(1) - One case
A. Crabtree v. County of Butte, et al., U.S. District Court, Eastern District, Case No. 20-cv-00675.
Page 13
Butte County
Information and Procedures Concerning the Agenda and
Department Heads
Board of Supervisors Meetings
Agricultural
Commissioner:
Louie Mendoza
Meeting Information:
Assessor*:
Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are
Diane Brown
held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. At
Auditor -Controller*:
the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed
Graciela Gutierrez
as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted
meeting calendar for the year are available in the County Administrative Office or on the Clerk of the Board
Behavioral Health:
website page.
Scott Kennelly
Chief Administrative
Agenda Information:
Officer:
The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72
Andy Pickett
hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board
Chief Probation Officer:
website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to
Wayne Barley
explain each agenda item (excluding documents that are not a public record within the meaning of the Public
Records Act) are available for your review at the County Administrative Office, the Chico, Oroville, and Paradise
Child Support Services:
libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies of
Sean Farrell
supporting materials can be made for you at a charge to cover costs. The list of communications included with
Clerk -Recorder/
the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have
Registrar of Voters*:
been received but not included in the agenda supporting material. Copies of all communications received by the
Candace Grubbs
Board of Supervisors (excluding documents that are not a public record within the meaning of the Public Records
County Counsel:
Act) are available at the County Administrative Office upon request.
Bruce Alpert
Agenda Format and Meeting Order:
Development Services:
Paula Daneluk
The agenda is usually organized into the following areas and meetings generally proceed in the following order:
1.
Public Comment: this is the area of the agenda where members of the audience may address the Board on any
District Attorney*:
matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda,
Mike Ramsey
but may respond to statements or questions and provide staff direction. Public Comment limited to 3 minutes,
Employment & Social
and may be adjusted to the discretion of the Chair.
Services:
2.
Consent Agenda: These items are considered routine and are handled by one motion and vote of the Board. If
Shelby Boston
you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in the back of
Fire Chief:
the board room) and give it to the Clerk of the Board (sitting to the right of the Board) or, when the Chair asks if
John Messina
there is anything anyone would like to remove from the Consent Agenda, stand and approach the podium and
request the item be removed. The removed items are discussed at the end of the Regular Agenda.
General Services:
3.
Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items
Grant Hunsicker
removed from the Consent Agenda are discussed under this section.
Human Resources:
4.
Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are
Sheri Waters
set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time
Interim Information
listed, but will never start before the time listed.
Systems:
5.
Closed Session: The Board is authorized, by law, to meet in a closed session in certain circumstances. This area
Sang Kim — Interim
of the agenda identifies those items that will be discussed during the closed session.
Library:
Public Participation:
Narinder Sufi
It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow
Public Health:
members of the public the opportunity to comment on all matters before the Board. Public participation is limited
Danette York
to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3.
Public Works:
The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing
Josh Pack
of these policies and procedures can be found in the printed booklet agenda, obtained at the County
Sheriff -Coroner*:
Administrative Office, or viewed at the Clerk of the Board website.
Kory Honea
The Board of Supervisors is also committed to making its proceedings accessible to all residents. Individuals with
Treasurer -Tax Collector*:
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.
Troy Kidd
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
LIC Cooperative
Extension Advisor:
meeting.
Luis Espino
For further information contact the:
Water & Resource
Clerk of the Board of Supervisors
Conservation:
County Administration Office
Kami Loeser
25 County Center Drive, Suite 200, Oroville, CA 95965
*Elected Official
530.552.3300
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