HomeMy WebLinkAboutA0426221 C A L V F 0 R N V A
ANDY PICKETT
CHIEF ADMINISTRATIVE OFFICER &
CLERK OF THE BOARD
1. CALL TO ORDER
BUTTE COUNTY
BOARD OF SUPERVISORS
REGULAR MEETING AGENDA
APRIL 26, 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
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 Agreement with Clean Earth Environmental Solutions for Agriculture Pesticide Collection and
Disposal - On November 9, 2021, the Board of Supervisors approved a revenue agreement with
the Department of Pesticide Regulation (DPR) for a Pesticide Disposal Project to provide a safe
means for farmers/growers in Butte, Glenn, and Tehama Counties to dispose of unwanted
pesticides. The revenue agreement with the DPR is $200,000 and requires a Tri -County
Memorandum of Understanding (MOU). On December 14, 2021, the Board of Supervisors
approved an MOU between the Butte, Glenn, and Tehama Counties. The MOU set forth a Tri -
County agreement relating to the collaborative services required to establish the Pesticide
Disposal Project. The term of the MOU is January 11, 2022 through June 24, 2022 and includes
local costs per county to be deposited with Butte County. On February 2, 2022, the County
solicited a request for proposal for a subcontractor to provide collection, transport and disposal
services for a two-day event to allow farmers/growers in Butte, Glenn, and Tehama Counties to
dispose of unwanted pesticides. Clean Earth Environmental Solutions of Rancho Cordova
submitted a proposal and was the sole responsive bidder and was selected by the County. The
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 26, 2022
Department of Agriculture recommends that the Board of Supervisors approve an agreement
with Clean Earth Environmental Solutions for agriculture pesticide collection and disposal. The
term of the contract is April 26 through June 24, 2022, not -to -exceed $200,000—action requested
— APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Agriculture)
3.02 Contract with Mark Thomas for Community Emergency Evacuation Planning and Budget
Adjustment - The California Department of Housing and Community Development (HCD) receives
funding from the United States Department of Housing and Urban Development (HUD) for
Community Development Block Grant Mitigation (CDBG-MIT) to fund the Resilient Planning and
Public Services Program (PPS). These funds are available to specific communities impacted by
2017 disasters in California, which includes the 2017 Wind Complex Fire, for the purpose of
planning and public services that reduce risks of natural hazards. Eligible activities include public
services targeted to low and middle-income residents mitigation planning, and capacity building.
On February 9, 2021 the Board of Supervisors approved submitting a CDBG-MIT grant to HCD for
a community emergency evacuation planning project (Project). Butte County was awarded
$455,000 for the Project. The Project will include updating or expanding community emergency
evacuation plans for 10 rural unincorporated communities and the incorporated City of Biggs
based on a community emergency evacuation analysis, which will include a traffic flow analysis.
The County issued a Request for Proposals (RFP) on November 5, 2021 targeting a firm to develop
community emergency evacuation plans and the solicitation was canceled so additional clarity
could be added. The County issued a new RFP for services on January 14, 2022 and received one
proposal. A committee composed of the Fire Department, Sheriff's Office, the Department of
Development Services, the Department of Public Works and the Office of Emergency
Management selected Mark Thomas of Sacramento as a qualified respondent. County staff
recommends the Board of Supervisors enter into an agreement with Mark Thomas for community
emergency evacuation planning. The term will be upon Execution for 24 months; not -to -exceed
$418,954. The Department also recommends the Board approve a budget adjustment in the
amount of $60,000 for the expenses related to the contract prior to June 30, 2022. The expense
for the contract is eligible for reimbursement from the CDGB-MIT-PPS grant — action requested -
1) APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE BUDGET
ADJUSTMENT (4/5TH VOTE REQUIRED). (County Administration)
3.03 Approval of Board of Supervisors Regular Meeting Minutes - Submitted for approval are the June
22, 2021, September 28, 2021, December 14, 2021 and January 11, 2022 Board of Supervisors
Regular Meeting Minutes — action requested - APPROVE JUNE 22, 2021, SEPTEMBER 28, 2021,
DECEMBER 14, 2021 AND JANUARY 11, 2022 BOARD OF SUPERVISORS REGULAR MEETING
MINUTES AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
3.04 Purchase of Capital Assets and Budget Adjustment—The Board of Supervisors authorized staff to
apply for funding under the IFFY 2021 HSGP on April 27, 2021. On April 5, 2022 staff received
notice from the Governor's Office of Emergency Services that the grant application in the amount
of $281,822 was approved. Utilizing a portion of these funds, staff recommend submitting
purchase requisitions for the following items: 1) $4,000 Faraday Box - Sheriff's Office - An
electronic shielding box for electromagnetically sensitive evidence such as cell phones. Capital
Assets: 1) $21,000 Albert System - County Administration, Information Systems -This is a network
security Intrusion Detection System; 2) $42,752 Explosive Ordnance Disposal Suit - Sheriff's Office;
3) $20,000 Whooster — Sherriff's Office — a Social Media investigative tool — action requested -
AUTHORIZE THE PURCHASES (THREE OF WHICH ARE CAPITAL ASSETS) AND APPROVE BUDGET
ADJUSTMENT (4/5 VOTE REQUIRED). (County Administration — Office of Emergency
Management)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 26, 2022
3.05 Contract with HQE Systems, Inc. for Early Warning System Assessment - Butte County has gained
significant knowledge and experience over the past several Year of disasters. The Butte County
Office of Emergency Management in partnership with the Butte County Sheriff's Office have
recommended the implementation of an early warning system to be utilized during emergencies
in the unincorporated areas of the County. Butte County Office of Emergency Management issued
a Request for Proposal to identify a firm to assess the County's early warning system needs. Three
proposals were received that met the minimum qualifications. HQE Systems, Inc. was selected as
the vendor best able to meet the needs of the County. Staff recommend approval of the contract
with HQE Systems, Inc. with a term of April 26, 2022 through June 15, 2022 and a not to exceed
amount of $31,064. Funding for this project will be provided by Hazard Mitigation Grant Program
(HMGP) and requires a 25% match totaling $7,766. Grant funds and the required match are
included in the FY 2021-22 Adopted Budget — action requested — APPROVE CONTRACT AND
AUTHORIZE THE CHAIR TO SIGN. (County Administration — Office of Emergency Management)
3.06 Resolution Recognizing Bruce S. Alpert Upon His Retirement from Butte County - County Counsel's
Office recommends the Board of Supervisors adopt a resolution in recognition of Bruce S. Alpert,
County Counsel, upon his retirement from Butte County effective April 30, 2022, after nearly 25
Years of service to the County — action requested — ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN. (County Counsel)
3.07 Resolution Recognizing May 2022 as Building Safety Month and Approval of the Expired Permit
Amnesty Program for May 1, 2022 Through June 30, 2022 -The Building Safety Month (May 2022)
and Permit Amnesty Program (May 1, 2022 through June 30, 2022) are aimed at protecting public
health, home and business owner safety, and the environment by encouraging property owners
to complete the County's permit process. These efforts are designed to ensure construction
meets acceptable standards and to educate the public about building codes through outreach
activities. The Amnesty Program provides property and business owners the opportunity to apply
for permits for buildings, additions, and remodels not previously permitted with the following
assistance: the 60% investigative building permit penalty fees would not be imposed; and a staff
member will be assigned to assist the property owners through the application process.
Completing the building permit process can assist property owners who may have their properties
on the market where the sale may be jeopardized due to unpermitted or incomplete work.
Residential, industrial, and non-residential permits are eligible for the Permit Amnesty Program —
action requested -1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE
A BUILDING PERMIT AMNESTY PROGRAM FOR MAY 1, 2022 THROUGH JUNE 30, 2022 IN WHICH
THE 60% PENALTY FEE WOULD NOT BE IMPOSED TO ELIGIBLE APPLICANTS. (Development
Services)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — APRIL 26, 2022
3.08 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:
LIBRARY: Add 1 Account Clerk position and delete 1 vacant Senior Library Assistant position. This
request will better suit the current and future operational/fiscal needs of the Department. Total
allocations to remain unchanged. Total cost will result in an annual decrease of approximately
$1,934 compared to the amount that was budgeted for the Senior Library Assistant position in
the FY 2021-22 Adopted Budget.
SHERIFF'S OFFICE: Add 1 Financial Technician position and delete 1 vacant flexibly staffed
Administrative Analyst position effective May 1, 2022. This request will address operational needs
of the Sheriff's Office. Total allocations to remain unchanged. The recommended action will result
in an annual decrease of approximately $24,000 compared to the amount that was budgeted for
the Administrative Analyst position in the FY 2021-22 Adopted Budget.
Action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human
Resources)
3.09 Contract with Craig Frederick, CivicPlus (CivicPlus) for Website Upgrade and Content Migration -
On October 12, 2021, the Board of Supervisor's approved $140,000 in one-time American Rescue
Plan Act (ARPA) funding to upgrade the County Website and license it for two years. The
Department of Information Systems issued a Request for Proposal (RFP) in August 2021, and
received eight proposals ranging from $71,481 to $77,500. Four proposals met the minimum
qualifications. CivicPlus, Manhattan, KS was selected as the vendor best able to meet the needs
of the County. The proposal included reliable messaging during disasters, accessibility for disabled
residents, and site wide encryption. The Department of Information Systems recommends the
Board of Supervisors enter into a contract with CivicPlus for website upgrade and content
migration. The term of the contract is 12 months from the date of execution, not -to -exceed
$71,481 — action requested — APPROVE THE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN.
(Information Systems)
3.10 Budget Adjustment and Capital Asset Purchase for the Pretrial Release Program - The Butte
County Superior Court (BCSC) and the Probation Department are in the process of developing a
Memorandum of Understanding (MOU) to define the ongoing collaboration for pretrial release
program, which is set to begin July 1, 2022. The Department will provide supervised pretrial
release services to participants. It is anticipated the program will serve approximately 300
individuals a year with an average daily population of 100 individuals under pretrial supervision
services. Implemented services will assist in strengthening pretrial services currently being
offered to participants. The BCSC received a one-time allocation and anticipates an ongoing
annual allocation from the Judicial Council of California (JCC) to implement and operate pretrial
services. Ongoing pretrial funds distributed to BCSC for fiscal year 2021-22 must be encumbered
or expended by the end of the fiscal year (June 30, 2022) or funds will revert back to the State.
The BCSC intends to provide the Department reimbursement for expenses incurred up to
$336,073 from the fiscal year 2021-22 allocation. The Department will use funding for staff
training, participant bus passes and bicycles, staff computer set up, instant drug tests, office
expenses, drug testing lab confirmations, residential treatment, recovery residences, court
reminder software, and a database integration with BCSC. The Department recommends the
purchase three (3) vehicles for pretrial release program. A solicitation was performed by General
Services for vehicles and the bid was awarded to the lowest bidder. Purchase orders must be
issued to the winning vendor to place the vehicle order with the manufacturer before May 4, 2022
with expected delivery of the vehicles in April or May of 2023. The Department recommends the
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 26, 2022
Board of Supervisors approve the capital asset purchase of three vehicles and a budget
adjustment in the amount of $336,073 for pretrial services and equipment — action requested —
1) APPROVE CAPITAL ASSET PURCHASES (3); AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE
REQUIRED). (Probation)
3.11 Capital Asset Disposal — Centrifuge - The Board of Supervisors has authority to declare capital
assets surplus that are no longer serviceable or no longer needed by the County. The Department
of Public Health recommends the Board of Supervisors declare Capital Asset #23273 (Jouan
Refrigerated Centrifuge) surplus to the needs of the County and provide approval for disposal at
the Neal Road Landfill. The Capital Asset was purchased in 1993 and is no longer repairable or
utilized by the Department — action requested — 1) DECLARE CAPITAL ASSET SURPLUS TO THE
NEEDS OF THE COUNTY; and 2) APPROVE DISPOSAL OF CAPITAL ASSET. (Public Health)
3.12 Resolution Recognizing National Therapy Animal Day in Butte County -The Departments of Public
Health, Behavioral Health and The Sheriff's Office recommend adopting a resolution recognizing
April 30, 2022 as National Therapy Animal Day. National Therapy Animal day provides an
opportunity to recognize the time and commitment it takes for a Therapy Animal team (the
animal and their handler) to provide comfort and healing to those in need — action requested —
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Health)
3.13 Authorization to Advertise and Solicit Bids for Module 5 Phase D Base Liner Project at the Neal
Road Recycling and Waste Facility and Approve Project Plans and Specifications - On January 21,
2021, the Board of Supervisors accepted a Notice of Completion for the Module 5 Phase C Base
liner Project. The Phase D Base Liner Project further develops Module 5 for future landfill
municipal solid waste disposal. Upon completion, Module 5 Phase D will provide 1.1 million cubic
yards of airspace for future solid waste disposal operations. The project includes preparing the
sub -grade for construction of the landfill liner; furnishing and installing the landfill liner and its
components; placement of fill, furnishing and installing landfill leachate collection piping; and
further developing water pollution controls and traffic controls. The engineer's estimate for
construction is $1,175,647. The Department of Public Works recommends the Board of
Supervisors approve plans and specifications and authorize the Director of Public Works to
advertise and solicit bids for the Module 5 Phase D Base Liner Project — action requested - 1)
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE AND SOLICIT BIDS FOR
CONSTRUCTION OF THE PROJECT; AND 2) APPROVE THE PLANS AND SPECIFICATIONS. (Public
Works)
3.14 Contract Amendment with Cundiff and Associates for Polygraph Examination Services - In 2017,
the Sheriff's Office and Probation Department entered into a contract with Cundiff and Associates
for specialized pre-employment polygraph examination services. The Sheriff's Office and
Probation Department recommend amending the contract with Cundiff and Associates for
polygraph examination services to allow continuation of services while staff perform a solicitation
to locate qualified vendors who can provide this service and enter into a new contract. The
proposed amendment extends the term of the contract by six months through October 10, 2022
and increases the cost of each polygraph from $300 to $325. All other terms remain the same —
action requested — APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Sheriff -Coroner)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 26, 2022
3.15 Resolution Recognizing May 15, 2022 as Peace Officers Memorial Day and the Week of May 11
through May 17, 2022 as National Peace Officer Memorial Week - May 11, 2022 through May 17,
2022 is National Peace Officer Memorial Week, a time to honor and remember those law
enforcement officers who have died in the line -of -duty protecting their communities. In 2021, 24
California peace officers died in the line -of -duty, and 458 officers died nationally while protecting
their communities, 301 of which were COVID-19 related. The 24 California officers will be
memorialized in Sacramento and the 458 officers killed nationwide will be memorialized in
Washington D.C. These memorial ceremonies are a time to remember the brave and dedicated
peace officers who accept a job that is difficult and dangerous — action requested — ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff -Coroner)
3.16 Agreement Amendment with Employment Development Department (EDD) for Wage and
Employment Data - The Treasurer -Tax Collector has a current agreement with EDD that ends on
June 30, 2022, and requests approval to renew and extend this agreement until June 30, 2025.
The purpose of this agreement with EDD is to obtain wage and employment verification data used
in the pursuit and collection of delinquent court fines and fees through the wage garnishment
process. These services are crucial to the revenue generation efforts of the Central Collections
Division of the Treasurer -Tax Collector's Office. The Central Collections Division estimates 14,000
requests for data will be submitted each quarter for the term of the agreement. The new term of
the agreement is July 1, 2022 through June 30, 2025, and is not -to -exceed $4,646.40. In addition
to the Board of Supervisor's approval of the agreement, the Employment Development
Department requires that the Department submit a resolution, order, motion or ordinance
approved by the local governing body to enter into the agreement. A minute order from the Clerk
of the Board will meet the requirement — action requested — APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Treasurer -Tax Collector)
3.17 Contract Amendment with Stanley Convergent Security Solutions for Alarm Monitoring Services
- Stanley Convergent Security Solutions, Inc. (Stanley) currently provides technical repair
assistance and monitors the alarm system for the Treasurer -Tax Collector's office. The
Department recommends amending the contract with Stanley for alarm monitoring services. The
amendment extends the term of the contract by five years through June 30, 2027, and increases
the maximum payable amount by $8,478.27. The new not -to -exceed amount is $29,169. All
other terms remain the same — action requested — APPROVE CONTRACT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Treasurer -Tax Collector)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA — APRIL 26, 2022
4. REGULAR AGENDA
4.01 Boards, Commissions, and Committees
(List available at www.buttecounty.net/clerkoftheboard/appoinmentslist)
A. Appointments to Listed Vacancies
1. Reappointment to the Butte County Resource Conservation District - Resource Conservation
Districts are special districts that help private landowners protect soil, water, wildlife habitat,
and other natural resources. Resource Conservation Districts make available technical,
financial and educational resources and focus or coordinate them so that they meet the
needs of the local land manager with conservation of soil, water and related natural
resources. The Butte County Resource Conservation District is governed by a five -member
Board of Directors appointed by the Board of Supervisors, with one member being appointed
by each supervisorial district. Terms of member of the Board of Directors coincide with the
term of the appointing Supervisor. Supervisor Connelly recommends the Board reappoint
John Christofferson to the District 1 Director seat with a term ending January 6, 2025 —action
requested - REAPPOINT JOHN CHRISTOFFERSON TO THE DISTRICT 1 DIRECTOR SEAT WITH A
TERM ENDING JANUARY 6, 2025. (County Administration)
2. Appointment of Delegate and Alternate Member to the Golden State Connect Authority
(GSCA) Board of Directors - The GSCA requests confirmation of each member county's
Delegate and Alternate to the GSCA Board of Directors. The GSCA requires that both the
Delegate and Alternate appointments be members on the County's Board of Supervisors.
Additionally, because the GSCA Board of Directors meetings are held in conjunction with the
RCRC Board of Directors meeting, GSCA Member Counties are encouraged to consider
appointing the same Delegates and Alternates for both of these entities. Supervisor Teeter
requests to be appointed as the Delegate to the GSCA Board of Directors, with Supervisor
Connelly serving as an Alternate for the remainder of the 2022 year — action requested -
APPOINT SUPERVISOR TEETER AS THE DELEGATE TO THE GSCA BOARD OF DIRECTORS, WITH
SUPERVISOR CONNELLY SERVING AS AN ALTERNATE FOR THE REMAINDER OF THE 2022
YEAR. (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 Termination of Local Disaster Proclamation Resolution Due to COVID-19 - A local emergency
presently exists in Butte County due to COVID-19 in accordance with the proclamation made by
the Chief Administrative Officer on March 6, 2020, and affirmed and ratified by the Board of
Supervisors on March 10, 2020. The local disaster proclamation enables the County to obtain
State and federal dollars to help with the recovery. The County of Butte does hereby find the
situation resulting from said conditions of extreme peril are now deemed to be within the control
of the normal protective services, personnel, equipment and facilities within the County of Butte.
In accordance with the California Emergency Services Act, Article 14, Section 8630, the local
governing body shall proclaim the termination of the local emergency at the earliest possible date
that conditions warrant. Pursuant to this Act, this resolution will terminate the COVID-19 local
emergency proclamation — action requested — 1) TERMINATE THE LOCAL EMERGENCY
PROCLAMATION; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County
Administration — Office of Emergency Management)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 26, 2022
4.03 Call for Mailed Ballot Election for the Formation of the Tuscan Water District - The Butte Local
Agency Formation Commission (LAFCO) adopted Resolution 112021/22 approving the application
for the formation of the Tuscan Water District on February 3, 2022, subject to a protest hearing
and a landowner election. The Protest Proceedings were concluded on April 5, 2022, and there
was insufficient protest to terminate the formation application and therefore, an election must
be called. The California Water Code (34000) establishes that a mailed ballot election be held on
the formation question, to include also a parcel assessment and selection of directors. The
Cortese Knox Hertzberg Local Government Reorganization Act of 2000 (GC57000(d)) directs the
following: (d) When the commission makes a determination pursuant to this division that will
require an election to be conducted, it shall inform the board of supervisors and the elections
official of the affected county of that determination and request the board to direct the elections
official to conduct the necessary election. (e)(1) When a board of supervisors is informed by the
commission that a determination has been made that requires an election, it shall, within 45 days
of receipt of the notification, direct the elections official to conduct the necessary election. The
board shall do all of the following: (A) Call, provide for, and give notice of a special election or
elections upon that question. (B) Fix a date of election. (C) Direct the elections official to designate
precincts and polling places and to take any other action necessary to call, provide for, and give
notice of the special election or elections and to provide for the conduct and the canvass of
returns of the election, as determined by the commission. Butte LAFCO requests that the Board
of Supervisors direct the elections official to conduct the necessary election; provide a date of the
election; direct elections official to conduct the mailed ballot election and take action necessary
to call, provide for, and give notice of the special election and to provide for the conduct and the
canvass of returns of the election, as determined by LAFCO — action requested - 1) CALL FOR A
MAILED BALLOT ELECTION FOR THE FORMATION OF THE TUSCAN WATER DISTRICT; 2) PROVIDE
A DATE FOR THE MAILED BALLOT ELECTION; AND 3) DIRECT THE ELECTIONS OFFICIAL TO
CONDUCTTHE MAILED BALLOT ELECTION FORTHE FORMATION OFTHE TUSCAN WATER DISTRICT
ELECTION. (Butte LAFCO)
4.04 Employment Contract for Director - Public Health - County Administration recommends entering
into a new employment contract with Danette York, Director - Public Health. The term of the
contract is June 29, 2022 through June 28, 2025. The contract includes a salary of $163,434, an
annual increase of $8,934. The salary range for this classification is $144,350 to $176,429 — action
requested — APPROVE EMPLOYMENT CONTACT AND AUTHORIZE THE CHAIR TO SIGN. (County
Administration)
4.05 Resolution, Promulgation and Approval Letter Adopting Updated Emergency Operation Plan -The
Butte County Operational Area (OA) Emergency Operations Plan (EOP) provides direction for
those with emergency management responsibilities in the Butte OA. The EOP provides year-round
preparedness guidance as well as specific guidance to emergency personnel activated in the event
of an emergency to save lives, protect the health of its citizens, protect property and the
environment, and preserve local culture and heritage. Under State guidelines EOPs are reviewed
annually and updated after every disaster event. Lessons learned from major disasters required
a significant rewrite of the County EOP. A Request for Proposal was initiated in 2020 and in early
2021 Tidal Basin Government Consulting, LLC was awarded the contract to rewrite the County
EOP. Tidal Basin has completed its update and the Office of Emergency Management is requesting
the Board of Supervisors approve and adopt the plan. The updated EOP complies with and is
consistent with California's Standardized Emergency Management System (SEMS), the National
Incident Management System (NIMS), California Assembly Bill 2386 (CA -AB 2386), the standards
of the Emergency Management Accreditation Program (EMAP), and the Federal Emergency
Management Agency's (FEMA's) standards on EOP organization for a local jurisdiction. It
establishes an emergency management organization, addresses the roles and responsibilities of
government organizations, and provides a link to local, State, federal, and private organizations
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 26, 2022
and resources that may be activated to address and support disasters and emergencies in the
Butte OA — action requested - 1) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; 2)
AUTHORIZE THE CHAIR TO SIGN PROMULGATION STATEMENT; AND 3) AUTHORIZE THE CHAIR TO
SIGN OA EOP APPROVAL STATEMENT. (County Administration — Office of Emergency
Management)
4.06 Letter of Opposition to Senate Bill (SB) 1186 - Medicinal Cannabis Patients' Right of Access Act (SB
1186) - At the request of Chair Connelly and Vice Chair Kimmelshue, staff have prepared a letter
in opposition of SB 1186, which would severely undermine local decision-making under the
Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA). SB 1186 would restrict
local jurisdictions from adopting or enforcing any regulation that prohibits the sale of medicinal
cannabis to medicinal cannabis patients or their primary caregivers. In addition, it prohibits the
application of California Environmental Quality Act as specified for local ordinances related to
medicinal cannabis — action requested — APPROVE LETTER OF OPPOSITION AND AUTHORIZE THE
CHAIR TO SIGN. (Districts 1 and 4)
4.07 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
department:
BEHAVIORAL HEALTH: Add 9 sunset positions (sunset to end June 30, 2026); 1.5 flexibly staffed
Administrative Analyst positions, 3 flexibly staffed Behavioral Health Education Specialist
positions, .5 flexibly staffed Information Systems Analyst position, 1 Behavioral Health Counselor
Supervisor position, and 3 Peer Support Specialist positions. Add 13 regular help positions; 2
Medical Records Technician positions, 1 Support Services Supervisor position, 1 Behavioral Health
Facilities Manager position, 4 Peer Support Specialist positions, 1 flexibly staffed Administrative
Analyst position, 1 flexibly staffed Behavioral Health Clinician position, 1 flexibly staffed
Behavioral Health Counselor position, 1 flexibly staffed Psychiatric Nurse/Staff Nurse/Licensed
Vocational Nurse/Psychiatric Technician position, and 1 Contract Specialist position. Regular help
positions are requested to meet operational needs within the Department's Quality
Management, Substance Use Disorder Treatment Centers, Youth Services Outpatient Centers,
and the Administrative Support Division. The 9 sunset positions are to support two new grants
recently awarded to the Department; 4 positions are funded with a Mental Health Student
Services grant that will provide suicide prevention services in collaboration with Paradise Unified
School District and Butte County Office of Education; 5 sunset positions are funded with Crisis
Care Mobile Units grant. This grant will expand mobile crisis response services throughout the
County in collaboration with the Butte County Sheriff's Office, Chico, Oroville, and Paradise Police
Departments. Total allocations to increase by 22. The requested changes will result in an
estimated annual increase of $1,729,294. Two new grant awards ($704,769) fund the 9 sunset
positions, and the 13 regular help positions are funded by state funding ($1,024,525). The
department plans on recruiting for regular help positions during FY 2021-22, the positions will not
start until FY 2022-23 and the funding is included in the FY 2022-23 budget request submission.
Action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health
and Human Resources)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 26, 2022
4.08 Employment Agreement with David Bruce Canton D.O., M.P.H., J.D. - David Bruce Canton D.O.,
M.P.H., J.D. (Dr. David Canton) currently serves as the Interim Health Officer for Butte County. A
recruitment was conducted and the Department of Public Health has made an employment offer
to Dr. David Canton. Through the act of novation, the County and Dr. David Canton desire to
discharge the current County Contract. Additionally, parties mutually agree to replace all
obligations of parties, without recourse, with the valid terms, conditions and consideration
contained in the employment agreement. Pursuant to Article IV of the County Charter, the Health
Officer is an appointed position whose term is not to exceed four years. The Department
recommends entering into an employment agreement with Dr. David Canton to serve as the
Health Officer for Butte County. The annual salary of the position is $207,729. The term of the
agreement is April 30, 2022 through April 29, 2025 — action requested - APPROVE EMPLOYMENT
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Health)
4.09 Introduction of an Ordinance Amending Chapter 31 of the Butte County Code Entitled "Solid
Waste Collection, Management and Recycling" Relating to the Disposal of Organic Waste - In
September 2016, Governor Brown signed Senate Bill (SB) 1383: Reduction of Short -Lived Climate
Pollutants, which establishes Statewide organic waste reduction targets of 50% in 2020 and 75%
in 2025 for the Statewide disposal of organic waste. These reduction targets support the State's
effort to reduce emissions of short-lived climate pollutants in California and support the recovery
of edible food waste to reduce food insecurity. In January 2021, the Department of Public Works
and the Department of Public Health partnered with CalRecycle to provide a presentation to the
Board of Supervisors to review the requirements of the law, which included updating the Butte
County Code. On February 8, 2022, the Board approved a resolution authorizing the Department
of Public Works to submit a notification of intent to comply with SB 1383. This action provides
additional time to comply with SB 1383, including the recommendation to amend Chapter 31 of
the Butte County Code to reflect SB 1383 requirements. The Department worked with R3
Consulting Group, Inc. to develop the proposed ordinance to include the requirements related to
compliance with the organic waste disposal; edible food recovery; monitoring; reporting; and
enforcement, as prescribed by SB 1383. The Department recommends the Board waive the first
reading of the ordinance — action requested — WAIVE THE FIRST READING OF THE ORDINANCE.
(Public Works)
4.10 Drought Impact and Analysis Study - On December 14, 2021, the Board of Supervisors approved
a contract with Luhdorff and Scalmanaini Consulting Engineers to conduct the drought impact
analysis study. The study is needed to understand the impacts of drought conditions in 2021 and
to identify recommendations to the Board, through the Drought Task Force, for actions the
County may take to respond to the continued drought emergency in 2022. A presentation of
content from the draft report will be given to the Board for information and discussion. The final
report is expected to be released in May with discussion by the Drought Task Force thereafter.
Recommendations from the Drought Task Force based on the report are expected to come back
to the Board in early June. The presentation will provide pertinent information to the Board and
the public ahead of the irrigation season of a third drought year. The presentation will contain
information from the draft report including: 1) Overview of 2021 conditions; 2) Water transfers
in the Northern Sacramento Valley (NSV); 3) Groundwater demand; 4) Groundwater levels in the
NSV; 5) Evaluation of drought impacts; and 6) Next steps to improve drought resiliency — action
requested —ACCEPT FOR INFORMATION. (Water and Resource Conservation)
Page 10
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 26, 2022
4.11 Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer
4.12 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.
4.13 Items Removed from the Consent Agenda for Board Consideration and Action
5. PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:20AM —Timed Item - Application for Outdoor Festival License for Debra Humes (MISC22-0007)
Debra Humes has submitted an application for an Outdoor Festival License per Chapter 12, Article
III. Outdoor Festivals. The event is proposed for one day (Saturday, April 30, 2022) from 12:00
p.m. to 4:00 p.m. They anticipate a total of 300 ticketed guests with 125 sponsors/participants.
The festival site will be on one parcel (APN: 007-420-006), totaling approximately 4.83 -acres. The
parcel is located at 13512 Highway 99, Chico, CA 95973, approximately 0.4 miles north of Chico
city limits. The festival will include the tasting of beer from local microbreweries, food vendors,
and live music. The Department of Development Services completed an environmental review of
the application, completed a site visit and determined since no permanent structures will be built,
the project is categorically exempt from the California Environmental Quality Act, per Section
15304 (e) of the CEQA Guidelines - "Minor temporary use of land having negligible or no
permanent effects on the environment, including carnivals, etc." - action requested — FIND THE
FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION 15304(E) OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND APPROVE THE APPLICATION FOR AN OUTDOOR FESTIVAL
LICENSE (MISC22-0007), SUBJECT TO THE RECOMMENDED CONDITIONS. (Development Services)
5.02 9:30AM —Timed Item - Resolution Adopting an Interim Transportation Thresholds of Significance
Under the California Environmental Quality Act (CEQA) for Vehicle Miles Traveled (VMT) - On
September 27, 2013, Governor Jerry Brown signed California Senate Bill 743, Steinberg (SB 743)
into law which changed the environmental emphasis under CEQA from vehicle level of service to
VMT. A reduction in VMT is intended to further a State goal of reducing greenhouse gas emissions
and improving air quality by reducing the emissions associated with the length and number of
vehicle trips. The State Office of Planning and Research has published guidelines with
recommendations on how VMT might be reduced. Most of the recommendations can be applied
to urban or built areas where land uses are closer together, mixed use is economically viable, and
transit is more accessible. Many of the recommendations are unlikely to apply to rural county
areas. The interim threshold corrects this oversight and explains why most of the County remains
rural. This threshold is considered interim as modifications will occur over time, and State
initiatives may change how the County will need to consider VMT for development projects. This
action complies with SB 743 and applies VMT thresholds that are appropriate for the unique
needs of the County. On March 24, 2022 the Planning Commission held a public hearing and
unanimously recommended approval of the interim transportation thresholds for VMT — action
requested — ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Development
Services)
Page 11
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 26, 2022
5.03 10:OOAM —Timed Item - Itemized Costs and Penalties Related to Nuisance Abatement to Record
a Lien and Impose a Special Assessment
A. Code Enforcement Case No. CE21-00460 at 0 Craig Access Road, Feather Falls; APN: 071-150-005
- On July 8, 2021, a Hearing Officer declared a public nuisance existed on the property listed. This
hearing has been scheduled to authorize the Board of Supervisors to record a lien to recover the
County's costs for Code Enforcement Case Number CE21-00460 at 0 Craig Access Road, Feather
Falls (Assessor's Parcel Number 071-150-005) in the amount of $53,090.69 ($47,000 for penalties
and $6,090.69 for cost recovery) — action requested - APPROVE THE PROPOSED LIEN OF $47,000
AND A SPECIAL ASSESSMENT OF $6,090.69. (Development Services)
B. Code Enforcement Case No. CE21-00461 at 0 Craig Access Road, Feather Falls; APN: 071-150-004
- On June 30, 2021, a Hearing Officer declared a public nuisance existed on the property listed.
This hearing has been scheduled to authorize the Board of Supervisors to record a lien to recover
the County's costs for Code Enforcement Case No. CE21-00461 at 0 Craig Access Road, Feather
Falls (Assessor's Parcel Number 071-150-004) in the amount of $39,755.24 ($35,000 for penalties
and $4,755.24 for cost recovery) — action requested - APPROVE THE PROPOSED LIEN OF $35,000
AND A SPECIAL ASSESSMENT OF $4,755.24. (Development Services)
C. Code Enforcement Case No. CE21-00461.2 at 0 Craig Access Road, Feather Falls; APN: 071-150-
004 - On November 23, 2021, a Hearing Officer declared a public nuisance existed on the
property listed. This hearing has been scheduled to authorize the Board of Supervisors to record
a lien to recover the County's costs for Code Enforcement Case Number CE21-00461.2 at 0 Craig
Access Road, Feather Falls (Assessor's Parcel Number 071-150-004) in the amount of $59,063.40
($53,500 for penalties and $5,563.40 for cost recovery) — action requested - APPROVE THE
PROPOSED LIEN OF $53,500 AND A SPECIAL ASSESSMENT OF $5,563.40. (Development Services)
D. Code Enforcement Case No. CE21-00462 at 0 Craig Access Road, Feather Falls; APN: 071-150-006
- On July 14, 2021, a Hearing Officer declared a public nuisance existed on the property listed.
This hearing has been scheduled to authorize the Board of Supervisors to record a lien to recover
the County's costs for Code Enforcement Case Number CE21-00462 at 0 Craig Access Road,
Feather Falls (Assessor's Parcel Number 071-150-006) in the amount of $24,326.28 ($18,500 for
penalties and $5,826.28 for cost recovery) — action requested - APPROVE THE PROPOSED LIEN
OF $18,500 AND A SPECIAL ASSESSMENT OF $5,826.28. (Development Services)
E. Code Enforcement Case No. CE21-01416 at 7 Bob Way, Palermo; APN: 025-030-066 - On October
7, 2021, a Hearing Officer declared a public nuisance existed on the property listed. This hearing
has been scheduled to authorize the Board of Supervisors to record a lien to recover the County's
costs for Code Enforcement Case Number CE21-01416 at 7 Bob Way, Palermo (Assessor's Parcel
Number 025-030-066) in the amount of $26,809.23 ($21,000 for penalties and $5,809.23 for cost
recovery) — action requested - APPROVE THE PROPOSED LIEN OF $21,000 AND A SPECIAL
ASSESSMENT OF $5,809.23. (Development Services)
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 26, 2022
F. Code Enforcement Case No. CE21-01095 at 75 Summer View Drive, Oroville; APN: 072-280-010 -
On October 12, 2021, a Hearing Officer declared a public nuisance existed on the property listed.
This hearing has been scheduled to authorize the Board of Supervisors to record a lien to recover
the County's costs for Code Enforcement Case Number CE21-01095 at 75 Summer View Drive,
Oroville (Assessor's Parcel Number 072-280-010) in the amount of $76,002.26 ($70,000 for
penalties and $6,002.26 for cost recovery) — action requested - APPROVE THE PROPOSED LIEN OF
$70,000 AND A SPECIAL ASSESSMENT OF $6,002.26. (Development Services)
G. Code Enforcement Case No. CE21-00958 at 205 Edgehill Drive, Feather Falls; APN: 071-190-024 -
On September 30, 2021, a Hearing Officer declared a public nuisance existed on the property
listed. This hearing has been scheduled to authorize the Board of Supervisors to record a lien to
recover the County's costs for Code Enforcement Case Number CE21-00958 at 205 Edgehill Drive,
Feather Falls (Assessor's Parcel Number 071-190-024) in the amount of $75,283.74 ($68,500 for
penalties and $6,783.74 for cost recovery) — action requested - APPROVE THE PROPOSED LIEN OF
$68,500 AND A SPECIAL ASSESSMENT OF $6,783.74. (Development Services)
H. Code Enforcement Case No. CE21-01685 at 9 Shores Lane, Oroville; APN: 041-80-190 - On October
22, 2021, a Hearing Officer declared a public nuisance existed on the property listed. This hearing
has been scheduled to authorize the Board of Supervisors to record a lien to recover the County's
costs for Code Enforcement Case Number CE21-01685 at 9 Shores Lane, Oroville (Assessor's
Parcel Number 041-280-190) in the amount of $33,441.24 ($27,500 for penalties and $5,941.24
for cost recovery) — action requested - APPROVE THE PROPOSED LIEN OF $27,500 AND A SPECIAL
ASSESSMENT OF $5,941.24. (Development Services)
Code Enforcement Case No. CE21-01772 at 3120 Bald Rock Road, Berry Creek; APN: 061-320-008
- On October 27, 2021, a Hearing Officer declared a public nuisance existed on the property listed.
This hearing has been scheduled to authorize the Board of Supervisors to record a lien to recover
the County's costs for Code Enforcement Case Number CE21-01772 at 3120 Bald Rock Road, Berry
Creek (Assessor's Parcel Number 061-320-008) in the amount of $28,277.48 ($22,000 for
penalties and $6,277.48 for cost recovery) — action requested - APPROVE THE PROPOSED LIEN OF
$22,000 AND A SPECIAL ASSESSMENT OF $6,277.48. (Development Services)
Page 13
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 26, 2022
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. General Services
J. Human Resources Director
K. Information Services Director
L. Library Director
M. Public Health Director
N. Public Works Director
O. Water and Resources Conservation Director
6.02 Conference with Labor Negotiator Pursuant to Government Code Section 54957.6:
Negotiators: Jack Hughes, Sheri Waters, and Casey Hatcher
Employee Organizations: Teamsters - General Unit; Teamsters - Social Services Workers'
Unit; Butte County Management Employees Association; Butte
County Probation Peace Officers Association; Butte County
Probation Peace Officers Association - Management Unit;
Butte County Professional Employees' Association; Butte
County Deputy Sheriff's Association - General Unit; Butte
County Deputy Sheriff's Association -
Management/Supervisory Unit; Butte County Correctional
Officers Association - General Unit; Butte County Correctional
Officers Association - Supervisory Unit; UPEC Local 792 - Skilled
Trades Unit; Butte County Deputy District Attorneys
Association - Attorney Unit; Confidential Unit; Non -
Represented Unit; Board of Supervisors Executive Assistants
6.03 Actual litigation pursuant to Gov. Code Sec. 54956.9(d)(1) - one case:
A. Estrada v. Butte County, et al., Butte County Superior Court, Case No. 19CV00668.
Page 14
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.
Consent Agenda: These items are considered routine and are handled by one motion and vote of the Board. If
District Attorney*:
you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located near the
Mike Ramsey
chamber entrance) and give it to the Clerk of the Board (sitting to the right of the Board) or, when the Chair asks
Employment & Social
if there is anything anyone would like to remove from the Consent Agenda, stand and approach the podium and
Services:
request the item be removed. The removed items are discussed at the end of the Regular Agenda.
Shelby Boston
2.
Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items
Fire Chief:
removed from the Consent Agenda are discussed under this section.
Garrett Sjolund
3.
Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are
set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time
General Services:
listed, but will never start before the time listed.
Grant Hunsicker
4.
Public Comment: this is the area of the agenda where members of the audience may address the Board on any
Human Resources:
matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda,
Sheri Waters
but may respond to statements or questions and provide staff direction. Public Comment limited to 3 minutes,
and may be adjusted to the discretion of the Chair.
Information Systems:
5.
Closed Session: The Board is authorized, by law, to meet in a closed session in certain circumstances. This area
Paul LaValley
of the agenda identifies those items that will be discussed during the closed session.
Library:
Public Participation:
Narinder Sufi
Public Health:
It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow
Danette York
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.
Public Works:
The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing
Joshua 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
LIC Cooperative
requests for special accommodations and/or alternative format documents must be made 48 hours prior to the
Extension Advisor:
meeting.
Luis Espino
Water & Resource
For further information contact the:
Conservation:
Clerk of the Board of Supervisors
Kami Loeser
County Administration Office
25 County Center Drive, Suite 200, Oroville, CA 95965
*Elected Official
530.552.3300
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BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - APRIL 26, 2022
Page 16