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HomeMy WebLinkAboutA052422BUTTE COUNTY BOARD OF SUPERVISORS REGULAR MEETING AGENDA MAY 24� 2022 9:00 AM ANDY PICKETT MEETING LOCATION CHIEF ADMINISTRATIVE OFFICER & BOARD OF SUPERVISORS CHAMBERS CLERK OF THE BOARD 25 COUNTY CENTER DRIVE, SUITE 205 OROVILLE, CALIFORNIA 95965-3380 1. CALL TO ORDER Pledge of Allegiance Observation of a Moment of Silence Rules of Decorum MEMBERS OF THE BOARD BILL CONNELLY, DISTRICT 1 DEBRA L.UCERO, DISTRICT 2 TAMI RITTER, DISTRICT 3 TOD KIMMELSHUE, DISTRICT 4 DOUG TEETER, DISTRICT 5 BRAD STEPHENS, INTERIM 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 the United States Department of Agriculture's (USDA) Animal and Plant Health Inspection Service -Wildlife Services (APHIS -WS) for Fiscal Year 2022-23 Wildlife Services Cooperative Services - The County has engaged in an ongoing Cooperative Service Agreement with the USDA APHIS -WS. Through the agreement, the USDA provides non-domestic animal control services such as trapping birds, skunks, and raccoons. The USDA's Wildlife Specialist addresses the loss of livestock, wildlife rabies, and prevention of property damage associated with predatory animals. APHIS -WS will provide staff, supervision, administration, and equipment needed to carry out the program. An Environmental Impact Report (EIR) was completed in 2021 and did not find any significant project impacts or cumulative impacts in the County. The EIR included subsequent years in the scope. The Agricultural Commission recommends that the Board of Supervisors approve the Cooperative Service Agreement with the USDA APHIS -WS. The term of the agreement is July 1, 2022 through June 30, 2023, not -to -exceed $83,348—action requested — APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Agriculture) Page 1 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 24, 2022 3.02 Agreement with African American Familv & Cultural Center (AAFCC) for Outreach Services - The AAFCC provide services that focus on early detection, prevention, and awareness of mental health illness in Butte County. These services include: outreach to families, increasing access and linkage to medical care, reducing stigma associated with mental illness, and reducing discrimination against people with mental illness. The AAFCC was planned and designed by community residents to address a wide array of issues with the goal of decreasing the impact of historic and current trauma which impact the African-American community. Programs focus on increasing knowledge and skills to reduce the risk factors for the African-American population but all cultures are invited to learn, embrace, and take part in the center activities. The AAFCC outcomes include providing services to a minimum of 138 clients in the fiscal year, addressing the Mental Health Services Act required strategies, managing mental illness symptoms, and improving functioning. These services include development of various community programs including book clubs, activities in the arts, a film festival, a talent show, and other events celebrating the culture of the African American community. The Department recommends entering into a mental health services agreement with AAFCC for outreach services in the Southside area of Oroville. The term of the agreement is July 1, 2022 through June 30, 2023, not -to -exceed $340,161 — action requested — APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) 3.03 Agreement with Casey Manor for Board and Care Services - Casey Manor is an adult residential care facility serving mental health clients. Casey Manor provides a structured program to assist clients to develop the skills necessary to transition from supervised 24-hour care to independent living. The Department of Behavioral Health recommends entering into an agreement with Casey Manor for Adult Residential Services. The term of this agreement is July 1, 2022 through June 30, 2023, not -to -exceed $64,240. The agreement is not measured by number of clients served, as the length of stay varies based on each client's specific needs — action requested — APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) 3.04 Agreement Amendment with Crestwood Behavioral Health, Inc. (Crestwood) for Mental Health Services - Crestwood operates skilled nursing facilities, mental health rehabilitation centers, and institutes for mental disease, which provide behavioral intervention, psychological and social rehabilitation to clients with mental disorders in secure residential settings. On June 22, 2021, the Board of Supervisors approved an agreement with Crestwood to provide access to twenty-six facilities for client referrals based on the level of client need and available capacity across the Crestwood system of care. Under the agreement, Crestwood provides treatment for clients referred by the Department of Behavioral Health, and the agreement funds the equivalent of approximately fifteen beds for the entire fiscal year. The Department recommends amending the agreement with Crestwood to cover additional unanticipated mental health services provided during FY 2021-22 to Butte County clients. The amendment increases the maximum payable amount by $120,000, not -to -exceed $1,849,838. All other terms remain the same. The agreement is not measured by number of clients served, as the length of stay varies based on each client's specific needs — action requested — APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) Page 2 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 24, 2022 3.05 No Place Like Home (NPLH) Competitive Allocation Award - NPLH is a collaborative partnership which includes Oroville PSH Pacific Associates, a California Limited Partnership, County of Butte, and Pacific West Communities, Inc. The collaborative is working to plan, develop and build Prospect View Apartments to provide affordable supportive housing. Prospect View Apartments will dedicate 15 of its 40 units to serve NPLH eligible tenants. The targeted population are individuals with severe mental health disabilities who are 18 years of age or older and are either chronically homeless or at risk of chronic homelessness. The Department of Behavioral Health recommends that the Board of Supervisors approve an agreement with the State of California Department of Housing and Community Development in which the County agrees to provide supportive services, including housing referrals, applicant screenings, mental health assessments, mental health services, psychiatric evaluations, case management, clinical support, crisis management, medication support, substance abuse, wellness and recovery action planning, life skills training, peer support, and 24/7 after hour crisis support. The agreement includes a loan of $2,734,965 to Oroville PSH Pacific Associates as the sole borrowing entity for the development of Prospect View Apartments. The term of this agreement is thirty (30) years from date of execution — action requested — APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) 3.06 Letter in Support of AB 2878 - Forest Biomass Waste Utilization Program (Aguiar-Curry) - On April 18, the Assembly Natural Resources Committee passed the Rural County Representatives of California (RCRC)sponsored Assembly Bill 2878, which helps achieve the State's forest health and wildfire risk reduction goals by increasing the productive use of forest waste through energy generation and wood products manufacturing. RCRC is co -sponsoring the measure with the Placer County Air Pollution Control District. AB 2878 helps achieve the State's forest health and wildfire -risk reduction goals while also helping to improve local energy resiliency, overall grid reliability and workforce development. These goals are important to rural counties, as electrical reliability has plummeted dramatically for many rural communities. AB 2878 seeks to address these problems by promoting use of forest biomass to support rural microgrids, requiring utilities to upgrade infrastructure in forested regions to reduce wildfire risk and support integration of bioenergy, incentivizing interconnection of bioenergy projects, and extending the state's BioMAT program until 2030, which requires utilities to procure electricity from small bioenergy projects, including biomass facilities that use fuels from high hazard zones — action requested — APPROVE LETTER OF SUPPORT OF AB 2878 AND AUTHORIZE THE CHAIR TO SIGN. (County Administration) Page 3 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 24, 2022 3.07 PG&E Settlement Fund Rea uest for Cal PERS Unfunded Accrued Pension Liability Pre Davment - On March 9, 2021, the Board of Supervisors last discussed the use of PG&E Settlement Funds in accordance with the PG&E Settlement Fund Policy for prepaying the FY 2021-22 Unfunded Actuarial Liability (UAL) for PERS. This action saved the County $504,500 for the Miscellaneous Plan and $162,500 for the Safety Plan. These savings were then directed to the Section 115 trusts which have been developed in accordance with the Pension Policy; and will be used in future years to "flatten" peak year's PERS costs. County Administration recommends that the same be done for FY 2022-23. Prepayment of the UAL for fiscal year 2022-23 will save the County approximately $667,000. PG&E Settlement Funds will essentially serve as cash flow to prepay the UAL payment. The PG&E Settlement Funds will be paid back with interest by the end of the fiscal year with collections made from department budgets through the payroll process. Consistent with prior years, savings will be directed to the trusts which will then offset future years' increases. The Department recommends prepayment of the UAL in this manner if the following three conditions are met: 1) There is available cash flow in the PG&E Settlement Funds, 2) The CalPERS UAL prepay savings exceed the interest that will be paid to the PG&E Settlement Funds, and 3) Projections from the contracted actuarial firm indicate it is beneficial to contribute the savings to the Trusts. There is $145,889,162 in available, un -programmed PG&E Settlement funds, which includes interest earned to date of $3,139,747. Staff will return before the Board for this purpose every year as long as the above three criteria are met — action requested - 1) COMMIT PG&E SETTLEMENT FUNDS TO PREPAY THE 2022-23 UNFUNDED LIABILITY PAYMENT AS DESCRIBED; AND 2) COMMIT PG&E SETTLEMENT FUNDS TO PREPAY UNFUNDED LIABILITY PAYMENTS IN THE FUTURE IF THE THREE LISTED CONDITIONS ARE MET. (County Administration) 3.08 Budget Adjustment and Capital Asset Authority for Purchase of Digital Storage Equipment - The District Attorney's Office fiscal year 2021-22 budget includes $13,500 in appropriations for the purchase of digital storage equipment. Capital Asset authority was not originally requested for the equipment, but is needed for assets over $5,000 that will be purchased using federal funds pursuant to County policy. The Department recommends the Board of Supervisors approve a budget adjustment transferring $13,500 to the capital asset spend category and approve the capital asset authority for the digital storage equipment— action requested —1) APPROVE CAPITAL ASSET PURCHASE; AND 2) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (District Attorney) 3.09 Agreements with Eauifax. Experian. and Trans Union for Credit Reports for Foster Youth - The credit reporting agencies provide a method for County staff to request credit reports on behalf of foster youth and non -minor dependents, which enables the County to provide assistance in interpreting their credit reports and clearing any inaccuracies. The Department of Employment and Social Services recommends entering into non-financial agreements with Equifax, Experian, and Trans Union for the provision of credit report services on behalf of foster youth and non- dependent minors. The term of the agreement remains until termination by either party — action requested - APPROVE THREE (3) AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) Page 4 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 24, 2022 3.10 Resolution Recognizing May as Resource Parent Appreciation Month - In 2018, Congress adopted a resolution declaring May as National Resource Parent Appreciation Month. Resource families are made up of aunts, uncles, grandparents and other relatives, or non -relatives that provide care to children and youth in foster care. As a community, we recognize the important role that resource parents play in caring for our dependent children and youth in Butte County. Currently in the United States, there are approximately 437,000 foster youth nationwide in foster care; 55,000-63,000 are in California. Approximately 26,000 foster youth are being cared for by resource families in California. There are currently 228 children and youth being cared for by resource families in Butte County out of 303 in out of home care. The Department of Employment and Social Services recommends that the Board of Supervisors adopt a resolution recognizing May, 2022 as Resource Family Appreciation Month in Butte County — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) 3.11 Contract Amendment with Northern California Youth and Familv Program for the Transitional Housing Placement Plus (THP -Plus) Program - Northern California Youth and Family Program provides comprehensive social services to foster care and probation youth by assisting them with the transition to independent adulthood. THP -Plus services provide affordable housing and comprehensive supportive services for former foster care and probation youth, allowing them to transition from foster care or other out -of -home placement to independent living. The Department of Employment and Social Services recommends amending the contract with Northern California Youth and Family Programs for THP -Plus services. The amendment extends the term of the contract by two years through June 30, 2024, and increases the maximum payable amount by $236,280, not -to -exceed $354,420. The original contract was approved by the Board of Supervisors on June 8, 2021. All other terms remain the same — action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) 3.12 Contract Amendment with Youth for Change for the CalWORKS Home Visiting Program - Youth for Change operates the Parents as Teachers Home Visiting Program, a nationally recognized program designed to help expectant and new parents get their children off to a healthy start. Families participate voluntarily in the program and receive weekly home visits and service referrals from trained staff. Based on a solicitation process conducted by the Department of Employment and Social Services, Youth for Change was determined to be the best candidate to meet objectives and was selected to facilitate the CalWORKs Home Visiting Program. The Department will provide the referrals. The Department recommends amending the contract with Youth for Change to provide services for the CalWORKs Home Visiting Program. Youth for Change serves 35 families per month with this program. The amendment extends the term of the contract by one year through June 30, 2023, and increases the maximum payable amount by $414,631, not -to -exceed $1,363,355. The original contract was approved by the Board of Supervisors on July 21, 2020. All other terms remain the same — action requested — APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services) Page 5 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 24, 2022 3.13 Lease Agreements with Logic Properties LLC for 3211 Cohasset Road Suite 130 and 3221 Cohasset Road Suite 150, Chico, for Department of Behavioral Health - The Department of Behavioral Health administrative division currently occupies seven leased suites in the La Dolce Piazza business park in Chico. To accommodate current operational needs, the Department requires additional space and desires to lease two additional suites that have recently become vacant within the business park. The Departments of General Services and Behavioral Health recommend entering into two new lease agreements with Logic Properties LLC for 3211 Cohasset Road Suite 130 and 3221 Cohasset Road Suite 150, Chico. The lease terms for 3211 Cohasset Road Suite 130 include 922 square feet with an initial term commencing on June 1, 2022 and terminating October 31, 2031 and an option to extend an additional ten years at rates to be agreed upon at the time. The rent rate is inclusive of all common area maintenance costs and is $1.80 per square foot for the first two years with an annual increase of 3.0% beginning in year three. The cumulative cost of the lease over the initial term is $210,614.28. The lease terms for 3221 Cohasset Road Suite 150 include 1200 square feet with an initial term commencing on June 1, 2022 and terminating October 31, 2031 and an option to extend an additional ten years at rates to be agreed upon at the time. The rent rate is inclusive of all common area maintenance costs and is $1.80 per square foot for the first two years with an annual increase of 3.0% beginning in year three. The cumulative cost of the lease over the initial term is $274,118.40 — action requested — APPROVE LEASE AGREEMENTS (2) AND AUTHORIZE THE CHAIR TO SIGN. (General Services) 3.14 Lease Agreement with J.E.M.S.. CorD and BUdRet Adiustment for Tenant Infill to Accommodate the Sheriff's Office in 402 Otterson Drive, Chico - The Sheriff's Office currently operates a Chico substation site at 479 East Park Avenue. The East Park Avenue site requires significant restoration work to return the building to a habitable condition, though even restored, the building and site are inadequate in size and accessibility to meet the operational needs of the Sheriff's Office. The Department of General Services in coordination with the Sheriff's Office studied the options to overcome these conditions including renovating or replacing the current East Park Avenue building and determined relocation to be the most effective option. After conducting a solicitation for real property that received no respondents, a review of available commercial properties in Chico found two options. The Sheriff's Office, based on the size, location, cost and timeliness for occupancy, has selected a suite located at 402 Otterson Drive comprised of 9164 square feet. The lease terms include an initial term of five years, commencing July 1, 2022 and terminating June 30, 2027, with an option to extend an additional five years available to be taken in one year increments. The base rent rate shall remain flat through the initial term at $0.95 cents per square foot and will increase 10.0% in the first year of the optional extended term. In addition to the base rent, there is a triple -net charge per square foot covering common area maintenance, building operating costs and utilities. The triple -net charge is fixed at $0.469 cents per square foot for the first year and then is charged at the building owner's actual cost beginning in year two, and sets a maximum increase of no more than 6% per year through the remaining initial and extended term. The cumulative cost of the lease, at the maximum triple -net cost, over the initial term is $813,103.45. The new location will require tenant improvements to meet the needs of the Sheriff's Office with a total estimated project cost of $552,500. The FY21-22 budget includes a capital project budget of $479,700 for the Sheriff's Chico Substation. The Department of General Services and the Sheriff's Office recommend that the Board of Supervisors approve the Lease Agreement with J.E.M.S., Corp for 402 Otterson Drive, Chico, and approve a budget adjustment of $72,800 from the General Fund Appropriation for Contingencies to allow General Services to proceed with the project of relocating the Sheriff's Office Chico Substation. The Department will bring forward a request for American Rescue Plan Act (ARPA) Funds for the Project, and if Page 6 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 24, 2022 approved, ARPA funds will replace the use of the General Fund Appropriation for Contingencies for the contract — action requested - 1) APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND 2) APPROVE BUDGET ADJUSTMENT FROM GENERAL FUND APPROPRIATION FOR CONTINGENCIES (4/5 VOTE REQUIRED). (General Services/Sheriff) 3.15 Resolution Authorizing Bureau of Justice (BJA) FY22 Adult Drug Court Discretionary Grant (DC) Program Proposal - The Probation Department requests authorization to submit a DC Program proposal to the U.S. Department of Justice, Office of Justice Programs, BJA. The term of the award is October 1, 2022, through September 30, 2026. The award amount is $750,000, with a 25% in- kind match requirement that will be met with existing staff. The Department in collaboration with Butte County Superior Court and the Department of Behavioral Health, established a comprehensive DC Program designed to serve adult drug offenders. Participants are non-violent convicted criminals with substance abuse issues. The primary purpose of adult drug court is to provide access to treatment for substance -abusing offenders while minimizing the use of incarceration, providing structure by combining supervision and treatment with ongoing judicial oversight and team management. The DC Program includes intensive treatment services with ongoing monitoring and continuing care for 12 months or more. The Department will apply for enhancement funding to scale up its existing court program's capacity; provide access to or enhance treatment capacity or other critical support services; and improve the quality and intensity of services based on needs assessments. The Department recommends the Board of Supervisors adopt a resolution authorizing the Chief Probation Officer, or designee, to execute DC documents on behalf of the County of Butte, including applications, payment requests, agreements, and amendments necessary to secure funds and implement the DC Program if awarded - action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Probation) 3.16 Resolution Certifying the Annual Changes to the Butte County Maintained Mileage for 2022 - California Streets and Highways Code section 2121 and Chapter 18 of the Caltrans Local Assistance Procedures Manual require that counties submit a list of changes that have occurred to their list of maintained roads by May of each year. The County's submitted data is then forwarded by Caltrans to the State Controller for the allocation of State Gas Tax Funds. Caltrans District 3 Office of Local Assistance has requested that the Board of Supervisors approve a resolution prior to May 30, 2022, for the new maintained mileage even if there have been no changes. The County maintained mileage for the previous year (ending December 31, 2021) was determined to be 1,278.949 miles. The calculated mileage to be submitted this year is 1,273.34 miles, which is a decrease of 5.609 miles. This mileage decrease is due to: South Oroville annexation (-0.869M); Oroville annexation (-0.470M); Chico annexation (-0.265M), and an audit of the Maintained Mileage record against the GIS inventory of roads (-4.112M). The loss of mileage is offset by the addition of (+0.107M) newly constructed road in the Chico area — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) Page 7 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 24, 2022 3.17 Contract Amendment with Ferreira Water Service for the Purchase and Application of Soil Stabilization Product - On June 11, 2019, the Board of Supervisors approved a blanket purchase agreement with Ferreira Water Service for the purchase and application of a soil stabilization product (DustGard) to be applied on County -owned gravel roads. The term of the agreement was June 11, 2019 through June 11, 2022, not -to -exceed $454,575. Since 2019, additional roads have been added to the program that have increased project costs. On February 15, 2022, the Department amended the contract with Ferreira Water Service to increase the contract amount by $45,000, not -to -exceed $499,575. Since the total amount of the amendment was less than 10% of the original contract price, the contract was executed by the Director of Public Works pursuant to the County's contracting policy. In recent months, additional miles of road were included to the soil stabilization work in 2022 that requires an additional $40,000 amendment to complete the project. Since the cumulative amount of both amendments exceeds 10% of the original contract price, the Department recommends the Board amend the contract with Ferreira Water Service to increase the maximum payable amount by $40,000, not -to -exceed $539,575. All other contract terms will remain the same — action requested — APPROVE THE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 3.18 Capital Asset Surplus - Vehicles for Auction - The Board of Supervisors declares vehicles surplus that are no longer serviceable or no longer needed by the County prior to auctioning the items. The Department of Public Works recommends the Board declare 11 vehicles as surplus to the needs of the County, as the vehicles are either in poor condition, repair costs exceed the value of the vehicles, or the vehicles have high mileage — action requested — DECLARE CAPITAL ASSETS (11) SURPLUS TO THE NEEDS OF THE COUNTY. (Public Works) 3.19 Accept Equipment Donation - A private citizen donated funds to the Butte County Sheriff's Mounted Posse (Posse) for the purpose of supporting the Aviation Unit and Special Weapons and Tactics (SWAT) Team of the Sheriff's Office. The Posse used funds to purchase the following equipment: 1) Two LEMUR Drones and related accessories and protection plan with a combined value of $22,996; and 2) One BRINC Ball, a durable, shock -resistant, two-way communication device designed for de-escalation and negotiation for first responders, with a value of $1,999. The Sheriff's Office recommends accepting the donated equipment, which has a combined value of $24,995 — action requested — ACCEPT DONATION. (Sheriff) 3.20 Letter to Chico Citv Council Re2ardin2 Emer2encv Medical Services (EMS) Ambulance Services - At the request of the Board of Supervisors, staff prepared a letter for the Chico City Council regarding EMS ambulance services. The County participates in a regional model for Local EMS designation through a Joint Powers Agreement with Sierra -Sacramento Valley (S -SV). The regional model includes Placer, Yuba, Glenn, Sutter, Nevada, Colusa, Shasta, Tehama, and Siskiyou counties, creating a large system that balances the needs of our residents in urban, suburban, and rural areas. S -SV is currently conducting a procurement for Butte County for ambulance services and has released a Request for Proposals. It is crucial that jurisdictions continue to work together to ensure that improvements to ambulance services remain aligned with the overall system to ensure equitable access for residents across the county service area — action requested — APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Other — Board of Supervisors) Page 8 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA —MAY 24, 2022 4. REGULAR AGENDA 4.01 Boards, Commissions, and Committees (List available at www.buttecounty.net/clerkoftheboard/appoinmentslist) A. Appointments to Listed Vacancies Appointment to the Butte County Children and Families Commission (First 5) - First 5 is part of a Statewide effort to create a seamless system of integrated and comprehensive programs and services by establishing community-based programs to provide parental education and family support services relevant to effective childhood development; encouraging pregnant women and parents of young children to quit smoking; and educating the public on the importance and the benefits of nurturing, health care, family support, and child care. First 5 is a nine -member commission comprised of a member of the Board of Supervisors, the Directors of the Department of Public Health and the Department of Employment and Social Services, and six members of the public with specific professional backgrounds, appointed by the Board of Supervisors. Additionally, the Board appoints five alternates to First 5. First 5 recommends the Board appoint the following: Dr. Shaun -Adrian Chofla as a regular Commissioner, with a term ending June 30, 2024. Dr. Chofla is a professor at Butte College in the Education, Child and Families Studies Department and fulfills the role of education specializing in early childhood development. Scott Kennelly as a regular Commissioner, with a term ending June 30, 2024. Mr. Kennelly is the Director of the Butte County Department of Behavioral Health and fulfills the role of person responsible for management of county behavioral health services. Dr. Holly Kralj as a regular Commissioner, with a term ending June 30, 2024. Dr. Kralj is a Certified Nurse Midwife with Enloe Women's Services, as well as a Professor of Nursing in Maternal Child Public Health at CSU, Chico, and fulfills the role of representative of a local obstetric association. Matthew Reddam as a regular Commissioner, with a term ending June 30, 2024. Mr. Reddam is a Mental Health Advisor with Butte County Office of Education, and fulfills the role of representative of local school district — action requested — 1) APPOINT DR. SHAUN -ADRIAN CHOFLA TO THE BUTTE COUNTY CHILDREN AND FAMILIES COMMISSION AS A COMMISSIONER WITH TERM ENDING JUNE 30, 2024; 2) APPOINT SCOTT KENNELLY TO THE BUTTE COUNTY CHILDREN AND FAMILIES COMMISSION AS A COMMISSIONER WITH TERM ENDING JUNE 30, 2024; 3) APPOINT DR. HOLLY KRAU TO THE BUTTE COUNTY CHILDREN AND FAMILIES COMMISSION AS A COMMISSIONER WITH TERM ENDING JUNE 30,2024; 4) APPOINT MATTHEW REDDAM TO THE BUTTE COUNTY CHILDREN AND FAMILIES COMMISSION AS A COMMISSIONER WITH TERM ENDING JUNE 30, 2024. (Other— Butte County Children and Families Commission) Page 9 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA —MAY 24, 2022 2. Appointments to the Butte County Wastewater Advisory Committee - The Wastewater Advisory Committee works towards the following objectives: Development and maintenance of the On -Site Wastewater Manual; application of new on-site collection, treatment, conveyance, and dispersal technology; development and oversight of a system for assuring that on-site wastewater systems are appropriately operated, maintained, and monitored; future revisions to Butte County Code, Chapter 19, and the On -Site Wastewater Manual; and the development of policies, practices, and procedures to improve protection of public health and delivery of customer service pertaining to the implementation of this Chapter and the On -Site Wastewater Manual. The Committee consists of ten members composed of the following: one member from the Board of Realtors or Association of Realtors, one member from the Building Industry Association, one certified on-site wastewater operation and maintenance specialist, one engineer specializing in environmental consultation, one engineer specializing in on-site wastewater consulting, one certified septic tank pumper or septic tank manufacturer, one certified septic tank installer, one registered Environmental Health Specialist, one wastewater component vendor or proprietor, and one member of the public. All members of this committee hold an initial 2 year term, and may be reappointed to a term of 4 years after the initial 2 year appointment, should the Board wish to do so. The Committee requests to reappoint Gary Wert to the certified septic tank installer seat with a term of 2-4 years, or appoint Manuel Medrano to the certified septic tank installer seat with a term of 2 years; reappoint Greg Haling to the engineer specializing in on-site wastewater consulting seat with a term of 2- 4 years; reappoint Lauralyn Lambert to the Board of Realtors seat with a term of 2-4 years; and reappoint Bryan Cobb to the certified on-site wastewater operation and maintenance specialist seat, with a term of 2-4 years — action requested - 1) REAPPOINT GARY WERT WITH A TERM OF 2-4 YEARS OR APPOINT MANUEL MEDRANO WITH ATERM OF 2 YEARSTO THE CERTIFIED SEPTIC TANK INSTALLER SEAT; 2) REAPPOINT GREG HALING TO THE ENGINEER SPECIALIZING IN ON-SITE WASTEWATER CONSULTING SEAT WITH A TERM OF 2-4 YEARS; 3) REAPPOINT LAURALYN LAMBERT TO THE BOARD OF REALTORS SEAT WITH A TERM OF 2-4 YEARS; AND 4) REAPPOINT BRYAN COBB TO THE CERTIFIED ON- SITE WASTEWATER OPERATION AND MAINTENANCE SPECIALIST SEAT WITH ATERM OF 2-4 YEARS. (Other- Wastewater Advisory Committee) 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 Board of Supervisors Public Comment—Comments to the Board on issues and items not listed on the agenda. Pursuant to California State law, the Board of Supervisors is prohibited from taking action on any item not listed on the agenda. Please note that Public Comment is in two separate sections. One as the first regular item on the agenda, which will last a maximum of 15 minutes, with another to follow as the last item on the regular agenda with no time limits. Page 10 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 24, 2022 4.03 Agreement with Aegis Treatment Centers, LLC (Aegis) for Narcotic Replacement Therapy (NRT) - Aegis operates one of the largest networks of narcotic treatment programs (NTP) in the nation. Aegis' goal is to support the successful recovery of clients and improve the quality of lives through the provision of evidence -based comprehensive treatment. To receive NRT in a licensed NTP, clients are required to participate in a comprehensive treatment program which includes a medical evaluation and screening for diseases that are overly represented in the opiate -addicted population. Clients are evaluated and provided counseling for medical, alcohol, criminal, and psychological problems. Aegis currently has licensed capacity to serve up to 580 clients at any given time. The Department of Behavioral Health recommends entering into an agreement with Aegis to provide NRT. This is a State -mandated service. This agreement is not specifically measured in terms of number of clients served, as the length of services vary based on each client's specific needs. The term of the agreement is July 1, 2022 through June 30, 2023, not -to - exceed $2,047,986 — action requested — APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) 4.04 Homeless Housing, Assistance, and Prevention Program Round 3 (HHAP-3) Application Proposed Outcome Goals - The Department of Employment and Social Services and the Butte Countywide Homeless Continuum of Care are jointly applying for HHAP-3 funds to address homelessness in Butte County. The Department is drafting a local homelessness action plan based on a template and data provided by California Interagency Council on Homelessness. It will be available for public comment. If awarded, a total of $3,663,302.17 in State funds will be made available to accomplish the following proposed goals: 1a. 5% increase annually in the number of people accessing services who are experiencing homelessness; 1b. 5% decrease in the daily number of people experiencing unsheltered homelessness; 2. 5% decrease in the number of persons who become homeless for the first time; 3. 10% annual increase in number of people exiting homelessness into permanent housing; 4. 5.5% decrease in the length of time persons remain homeless; 5. 5% decrease in number of people who return to homelessness after having exited homelessness to permanent housing; 6. 100% increase in annually in the number of people served in street outreach projects who exit to emergency shelter, transitional housing, or permanent housing destinations. Proposed goals may be revised based on public comment and will be submitted once final — action requested — ACCEPT FOR INFORMATION. (Employment and Social Services) 4.05 Termination of Local Health Emergency Declaration Due to COVID-19 - On March 6, 2020 then Butte County Public Health Officer, Dr. Andrew Miller, declared a local health emergency due to COVID-19 pandemic; and was affirmed and ratified by the Board of Supervisors on March 10, 2020. The local health emergency declaration enables the County to obtain State and Federal dollars to help with response to the pandemic. The Department of Public Health finds the situation resulting from the pandemic are now deemed to be within the stable use of protective services, personnel, equipment and facilities within the County. In accordance with the California Health and Safety Code, Section 101080, the Department recommends that the Board approve a resolution to proclaim the termination of the COVID-19 local health emergency — action requested — 1) TERMINATE THE LOCAL HEALTH EMERGENCY DECLARATION; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Health) Page 11 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 24, 2022 4.06 Resolution Authorizing Butte -Glenn Communitv C011eRe District to Sell Bonds Directiv - On November 8, 2016, voters in the Butte -Glenn Community College District (the District) approved the issuance of $190,000,000 in bonds for various purposes set forth in the ballot to the voters pertaining to educational facilities within the District. Series A Bonds in the amount of $42,000,000 were issued under this authorization on April 6, 2017. Series B Bonds in the amount $49,500,000 were issued under this authorization on July 11, 2019. The Board of Supervisors (the Board) has received an executed copy of the District's Resolution authorizing the issuance of the Series C current interest bonds "Butte -Glenn Community College District (Butte and Glenn Counties, California) Election of 2016 General Obligation Bonds, Series C" in an aggregate principal amount not -to -exceed $50,000,000. The District is requesting that the Board adopt a resolution allowing the District to issue General Obligation Bonds directly, without the involvement of the Board as a conduit issuer, under Education Code section 15140(b). Pursuant to the District Resolution, the District is formally requesting upon sale of the Bonds that the Auditor -Controller: Levy ad valorem taxes in an amount sufficient to pay the principal of and interest on the Bonds when due, and place on its 2021/2022 tax roll and all subsequent tax rolls taxes sufficient to fulfill the requirements of the debt service schedule for the Bonds that will be provided to the Auditor - Controller and Treasurer -Tax Collector by the District. The District additionally requests that County Officers be authorized and directed to execute documents necessary to the transaction — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Treasurer -Tax Collector) 4.07 Letter of Support for Removal of Butte County from Future California Executive Orders Regarding Rental Housing Price Gouging - At the request of the North Valley Property Owners Association and with the support of Chair Connelly and Supervisor Teeter, staff prepared a letter requesting that Butte County be removed from the next State Executive Order addressing rental housing price gouging. While Butte County emphatically opposes all who look to exploit community members, the California Tenant Protection Act of 2019 is in place to provide rent increase protections. Continued restrictions provided under the State Executive Order are adversely impacting housing management companies' ability to maintain their facilities which further exacerbates the amount and quality of housing available — action requested — APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Other — Districts 1 and 5) 4.08 Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer 4.09 Board of Supervisors Public Comment (Continuation as Needed) - 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. 4.10 Items Removed from the Consent Agenda for Board Consideration and Action 5. PUBLIC HEARINGS AND TIMED ITEMS 5.01 9:05AM — Timed Item — City of Chico Pallet Shelter Update - At the request of the Board of Supervisors, a representative of the City of Chico will provide the Board of Supervisors an update on the City's Pallet Shelter — action requested — ACCEPT FOR INFORMATION. (Other — Board of Supervisors) Page 12 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 24, 2022 5.02 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 Number CE19-00451 at 24 Thompson Flat Cemetery Road, Oroville; APN: 031-060-050 - On August 24, 2021, a Hearing Officer declared a public nuisance existed on the property listed under Butte County Code Chapter 32A — Property Maintenance and Abatement of Nuisances. This hearing has been scheduled to authorize the Board of Supervisors to record a lien and special assessment to recover the County's costs for Code Enforcement Case Number CE19-00451 at 24 Thompson Flat Cemetery Road, Oroville (APN 031-060-050) in the amount of $77,675.85. This case was brought before the Board for a lien hearing on April 12, 2022, and at the Board's direction was continued until May 24, 2022. A Notice of Proposed Lien and Special Assessment for the new date and corrected lien amount was served on the property owner, trustee, and the trust attorney on April 19, 2022, and a copy was posted on the property the same day. A clerical error was discovered when reviewing the cost for the property clean-up which resulted in a reduction of $7,000. Staff called Mr. Le Clerc and advised him of the error, that a new demand, the contractor's invoice for the work, and the approved contract from Butte County General Services would be sent by County Counsel for his review. The amended demand, invoice and contract were served on Mr. Le Clerc, the owner, and trustee on April 19, 2022. There has been no further contact from Mr. Le Clerc or the trustee — action requested — APPROVE THE PROPOSED LIEN AND SPECIAL ASSESSMENT IN THE AMOUNT OF $77,675.85. (Development Services) B. Code Enforcement Case Number CE21-01114 at 0 Summer View Drive, Oroville; APN: 072- 280-012 - On August 9, 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 special assessment and lien for Code Enforcement Case Number CE21-01114 at 0 Summer View Drive, Oroville (Assessor's Parcel Number 072-280-012) in the amount of $44,148.80 ($35,500 for penalties and $8,648.80 for cost recovery) On April 12, 2022, the case was brought to the Board, and at the Board's direction was continued until May 24, 2022 to give the owner time to work out a payment plan with the County. A Notice of Proposed Lien and Special Assessment for the new date was served on the property owner and her attorney on April 19, 2022, and a copy was posted on the property the same day. On April 18, 2022, staff contacted the owner's attorney, Grady Davis, with a settlement offer. Mr. Davis informed staff that his client would schedule a meeting to finalize the settlement by April 24, 2022. On April 27, 2022, staff notified the owner's attorney that they had not heard from the property owner regarding the settlement. There has been no further contact from the owner, her attorney or her son. As directed by the Board of Supervisors, since no settlement has been reached this item is being returned to the Board for placement of a lien and special assessment — action requested — APPROVE THE PROPOSED LIEN OF $35,500 AND A SPECIAL ASSESSMENT OF $8,648.80. (Development Services) Page 13 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 24, 2022 C. Code Enforcement Case Number CE21-01006 at 0 Condor Road, Cherokee; APN: 041-360-046 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 special assessment and lien for Code Enforcement Case Number CE21-01006 at 0 Condor Road, Cherokee (Assessor's Parcel Number 041-360-046) in the amount of $78,405.68 ($72,500 for penalties and $5,905.68 for cost recovery) — action requested — APPROVE THE PROPOSED LIEN OF $72,500 AND A SPECIAL ASSESSMENT OF $5,905.68. (Development Services) D. Code Enforcement Case Number CE21-01727 at 13310 Meadow Springs Drive, Concow; APN: 058-330-046 On November 15, 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 special assessment and lien for Code Enforcement Case Number CE21-01727 at 13310 Meadow Springs Drive, Concow (Assessor's Parcel Number 058-330-046) in the amount of $66,744.60 ($60,500 for penalties and $6,244.60 for cost recovery) — action requested — APPROVE THE PROPOSED LIEN OF $60,500 AND A SPECIAL ASSESSMENT OF $6,244.60. (Development Services) E. Code Enforcement Case Number CE21-01540 at 955 Encina Grande Road, Berry Creek; APN: 061-580-007 - On September 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 special assessment and lien for Code Enforcement Case Number CE21-01540 at 955 Encina Grande Road, Berry Creek (Assessor's Parcel Number 061-580-007) in the amount of $37,583.67 ($32,000 for penalties and $5,583.67 for cost recovery) — action requested — APPROVE THE PROPOSED LIEN OF $32,000 AND A SPECIAL ASSESSMENT OF $5,583.67. (Development Services) F. Code Enforcement Case Number CE21-00976 at 1395 Vilas Road, Cohasset; APN: 056-440- 010 - On October 26, 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 special assessment and lien for Code Enforcement Case Number CE21-00976 at 1395 Vilas Road, Cohasse (Assessor's Parcel Number 056-440-010) in the amount of $99,823.74 ($93,500 for penalties and $6,323.74 for cost recovery) — action requested — APPROVE THE PROPOSED LIEN OF $93,500 AND A SPECIAL ASSESSMENT OF $6,323.74. (Development Services) G. Code Enforcement Case Number CE21-01102 at 0 Forbestown Road, Oroville; APN: 072-270- 012 - 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 special assessment and lien for Code Enforcement Case Number CE21-01102 at 0 Forbestown Road, Oroville (Assessor's Parcel Number 072-270-012) in the amount of $66,298.20 ($56,500 for penalties and $9,798.20 for cost recovery) — action requested — APPROVE THE PROPOSED LIEN OF $56,500 AND A SPECIAL ASSESSMENT OF $9,798.20. (Development Services) Page 14 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 24, 2022 H. Code Enforcement Case Number CE21-01225 at 2850 Bohemia Avenue, Palermo; APN: 027- 060-067 - On October 13, 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 special assessment and lien for Code Enforcement Case Number CE21-01225 at 2850 Bohemia Avenue, Palermo (Assessor's Parcel Number 027-060-067) in the amount of $37,769.64 ($32,000 for penalties and $5,769.64 for cost recovery) — action requested — APPROVE THE PROPOSED LIEN OF $32,000 AND A SPECIAL ASSESSMENT OF $5,769.64. (Development Services) 5.03 11:00AM — Timed Item - Resolution Renewing the Temporary Closure of County Portions of Humboldt Road to Vehicular Traffic Between Chico City Limits and State Highway 32 - On June 23, 2020, the Board of Supervisors adopted a resolution closing the County -maintained portions of Humboldt Road to vehicle traffic to discourage illegal activity. The road closure was recommended by the Department of Public Works, the City of Chico Department of Public Works, and the Local Government Committee. The road was officially closed to vehicle traffic by the County and City on September 10, 2020. While Humboldt Road is closed to vehicles, private property owners and emergency vehicles have access through the locked gates. Bicycles, pedestrians, and other non - motorized traffic continue to enjoy the area. In the event of an emergency, the Department and other emergency first responders have the authority to open the road to vehicle traffic temporarily. Per California Vehicle Code section 21101.4, local authorities may adopt rules and regulations by ordinance or resolution to temporarily close roads when various conditions are met. Temporary closures may be renewed for an additional 18 months for up to eight consecutive periods. The Department has seen minimal issues or complaints with the closure since 2020. With concerns that reopening Humboldt Road to vehicle traffic would reintroduce illegal activity, the Chico City Council recently voted to continue the temporary closure of city portions of Humboldt Road to unauthorized vehicles. The closure of the City of Chico's maintained portion of Humboldt Road is effective from March 11, 2022, through September 10, 2023. To align with the City of Chico's adopted resolution to continue to deter illegal activity on Humboldt Road, the Department recommends renewing the temporary road closure from March 11, 2022, through September 10, 2023. Staff completed all necessary public noticing requirements and expanded the noticing process to nearby residents in response to prior direction from the Board of Supervisors — action requested — 1) OPEN THE PUBLIC HEARING AND RECEIVE TESTIMONY; AND 2) ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) Page 15 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 24, 2022 5.04 11:30AM — Timed Item —App I ication for Outdoor Festival License for Golden Valley Broadcasters (MISC22-0009) - Golden Valley Community Broadcasters has submitted an application for an Outdoor Festival License per Chapter 12, Article III. Outdoor Festivals. The festival is proposed for one day, Saturday, June 4, 2022 from 10:00 a.m. to 9:00 p.m. The applicant anticipates a total of 250 attendees. The festival site is located at 2500 Estes Road (the end of Estes Road), south and west of Chico (APN 039-410-032) with parking on APN 039-410-039. The festival will include 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 (CEQA), 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." The Department recommends that the Board of Supervisor approve the application for an outdoor festival license, subject to the recommended conditions that include portable water, solid waste management, restroom and hand washing stations, waste water management, encroachment permits for applicable signs, outreach to California Highway Patrol , and a detailed event map with emergency and evacuation plans to Butte County Fire Department — 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- 0009), SUBJECT TO THE RECOMMENDED CONDITIONS. (Development Services) 5.05 1:30PM —Timed Item - History and Scope of Butte County Code Chapter 33 - In 1996, Butte County voters passed Measure G, which became Chapter 33 of the Butte County Code. Chapter 33 regulates two types of groundwater uses: 1) groundwater exports, which are groundwater extractions within Butte County that are exported for use outside of the County; and 2) groundwater substitution transfers, which is the pumping of groundwater to make up for surface water that has been exported out of the County. Although Chapter 33 was adopted pursuant to a voter initiative, the Board of Supervisors has authority to amend Chapter 33, and has done so on several occasions. Staff will present information regarding the history and purpose of Chapter 33, its applicability to different types of water rights, and the relationship between Chapter 33 and the Sustainable Groundwater Management Act (SGMA) — action requested — ACCEPT FOR INFORMATION. (County Counsel/Water and Resource Conservation) Page 16 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 24, 2022 5.06 1:45PM — Timed Item — Department of Water and Resource Conservation Strategic Plan 2022- 2027 - The purpose of the Strategic Plan is to establish the mission, vision, values and priorities for the Department of Water and Resource Conservation and set the level of involvement in various activities. The action items identified in the Strategic Plan guide the work of the Department for the next five years. In 2011, the Department prepared a 2011-2015 Strategic Plan that identified specific action items that directed the work of the Department. In addition, although not finalized or formally adopted, in 2019 Department staff in coordination with the Water Commission began the process of updating the Strategic Plan to reflect the expansion of the Department's responsibilities, primarily a result of new legislation as well as challenges associated with drought and climate change. The two previous versions of the Strategic Plan were used as the foundation for the 2022-2027 Strategic Plan update. In January 2022, Department staff initiated the update process and brought the Strategic Plan to the Water Commission on February 2, 2022 for direction and input regarding the activities of the Department. The Water Commission directed staff to make revisions so the plan better reflects the current undertakings of the Department and return to the Water Commission for further discussion. The Water Commission further considered the Strategic Plan on March 2 and April 6 2022. The Water Commission also considered the Strategic Plan on May 4, 2022 and recommends approval of the Strategic Plan by the Board of Supervisors. Given the various demands on the Department and current staffing levels, the Department recommends the Board provide direction on the level of involvement for certain items in the Strategic Plan so the Department maintains alignment with the Board's goals and policies. Specifically, the Department requests direction on the level of involvement with the Groundwater Sustainability Agencies and implementation of projects and management actions identified in the Groundwater Sustainability Plans; maintaining water resources data management and monitoring; drought planning and resiliency; and interdepartmental assistance on water resources related projects — action requested - 1) APPROVE STRATEGIC PLAN; AND 2) PROVIDE DIRECTION TO STAFF ON LEVEL OF INVOLVEMENT FOR SPECIFIC ACTIVITIES. (Water and Resource Conservation) 5.07 2:30PM — Timed Item — Consideration of Butte County Member Agency Contribution to the Vina Groundwater Sustainability Agency - Butte County, City of Chico, and Durham Irrigation District formed the Vina Groundwater Sustainability Agency (GSA) through a joint powers authority agreement in 2019 to develop and implement a Groundwater Sustainability Plan (GSP) within its jurisdiction in the Vina Subbasin. A GSP was developed and adopted on December 15, 2021 in cooperation with the other GSA in the subbasin, Rock Creek Reclamation District (RCRD). Aqualliance, California Water Impact Network, and the California Sportfishing Protection Alliance (Plaintiffs or Petitioners) filed a complaint in Butte County Superior Court on February 14, 2022, alleging the Vina GSA and RCRD GSA respective adoption of the Vina Subbasin GSP violated the Sustainable Groundwater Management Act (SGMA). Legal expenses associated with the complaint through the end of the 2021-2022 fiscal year are estimated to be $20,000. At its April 20, 2022 Board Meeting, the Vina GSA Board voted unanimously to request $20,000 from the member Boards and Councils for legal services using a 40/40/20 split with City of Chico and Butte County each contributing $8,000 and Durham Irrigation District contributing $4,000. The Vina GSA intends to repay the member agencies once the GSA has established a means of funding the agency. Approving the Vina GSA request would require a budget adjustment in the amount of $8,000 from the General Fund Appropriations for Contingencies — action requested - 1) OPTION 1: APPROVE MEMBER AGENCY CONTRIBUTION IN THE AMOUNT OF $8,000 AND APPROVE BUDGET ADJUSTMENT FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES (4/5TH VOTE REQUIRED); 2) OPTION 2: DENY MEMBER AGENCY CONTRIBUTION; OR 3) OPTION 3: PROVIDE ALTERNATIVE DIRECTION TO STAFF. (WATER AND RESOURCE CONSERVATION) RECESS Recess as the Butte County Board of Supervisors and convene as the Groundwater Sustainability Agency Page 17 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 24, 2022 BUTTE COUNTY GROUNDWATER SUSTAINABILITY AGENCY BOARD AGENDA May 26, 2022 1. CALL TO ORDER 2. CONSENT AGENDA None 3. REGULAR AGENDA 3.01 Adoption of Acknowledgement Form in Response to Executive Order N-7-22, Action 9A - On March 28, 2022 the Governor put into place Executive Order N-7-22 (EO), identifying 15 actions to be implemented by State, local agencies, business sectors, and citizens to mitigate the effects of drought conditions. Action 9a is applicable to the work of the Butte County Groundwater Sustainability Agency (GSA) in the Butte Subbasin. During the time that the EO is in place, the Butte County Department of Public Health, Division of Environmental Health (EH), the well permitting agency for the County, is required to consult with the applicable GSA as part of the large -diameter well permit application process. Specifically, EH needs written verification from the applicable GSA that a proposed large -diameter well is generally consistent with the GSP and will not decrease the likelihood of achieving the sustainability goals as adopted in the Groundwater Sustainability Plan (GSP) developed under the Sustainable Groundwater Management Act. The Butte County GSA must provide this written verification for proposed well applications located within the jurisdiction of the Butte County GSA in the Butte Subbasin. GSA managers in the Butte Subbasin have discussed the use of an Acknowledgment Form to address requirements of Action 9a and County Counsel has reviewed and provided input. A similar form has been approved for use by the Vina GSA in the Vina Subbasin, the Wyandotte Creek GSA in the Wyandotte Creek subbasin and a similar approach is expected to be approved by the other GSAs in the Butte Subbasin. Staff recommends the Butte County GSA approve the use of the Acknowledgment Form and authorize the Director (or their designated representative) to sign the form on behalf of the Butte County GSA, as written verification provided to the EH. The EH would provide this form to a well applicant submitting an application within the Butte County GSA area. The Department of Water and Resource Conservation staff will review the permit application in relation to the proposed well location's proximity to monitoring wells and would sign the form. Execution of the Acknowledgment would allow the Butte County GSA to conclude that the well permit would not be inconsistent with the existing GSP — action requested - ADOPT ACKNOWLEDGMENT FORM AND AUTHORIZE THE DIRECTOR OF WATER AND RESOURCE CONSERVATION, OR THEIR DESIGNATED REPRESENTATIVE, TO SIGN FOR THE BUTTE COUNTY GSA. (Water and Resource Conservation) RECESS Recess as the Groundwater Sustainability Agency and convene as the Butte County Board of Supervisors Page 18 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 24, 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 Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8: Property APN: 073-230-040 Agency Negotiator: Grant Hunsicker Negotiating Party: Grizzly Creek Community Services Negotiations: Terms and Conditions of Conveyance of Real Property Rights 6.04 Actual litigation pursuant to Gov. Code Sec. 54956.9(d)(1) - one case: A. Dean Jones v. Butte County; Workers' Compensation Appeals Board Case No. ADJ12799746 (Claim Number: BAUP-550718). Page 19 Butte CountV Department Heads Agricultural Commissioner: Louie Mendoza Assessor*: Diane Brown Auditor -Controller*: Graciela Gutierrez Behavioral Health: Scott Kennelly Chief Administrative Officer: Andy Pickett Chief Probation Officer: Wayne Barley Child Support Services: Sean Farrell Clerk -Recorder/ Registrar of Voters*: Candace Grubbs Interim County Counsel: Brad Stephens Development Services: Paula Daneluk District Attorney*: Mike Ramsey Employment & Social Services: Shelby Boston Fire Chief: Garrett Sjolund General Services Grant Hunsicker Human Resources: Sheri Waters Information Systems Paul LaValley Library: Narinder Sufi Public Health: Danette York Public Works: Joshua Pack Sheriff -Coroner*: Kory Honea Treasurer -Tax Collector*: Troy Kidd LIC Cooperative Extension Advisor: Luis Espino Water & Resource Conservation: Kami Loeser *Elected Official Information and Procedures Concerning the Agenda and Board of Supervisors Meetings Meeting Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted meeting calendarfor the year are available in the County Administrative Office or on the Clerk of the Board website page. Agenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72 hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to explain each agenda item (excluding documents that are not a public record within the meaning of the Public Records Act) are available for your review at the County Administrative Office, the Chico, Oroville, and Paradise libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies of supporting materials can be made for you at a charge to cover costs. The list of communications included with the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have been received but not included in the agenda supporting material. Copies of all communications received by the Board of Supervisors (excluding documents that are not a public record within the meaning of the Public Records Act) are available at the County Administrative Office upon request. Agenda Format and Meeting Order: The agenda is usually organized into the following areas and meetings generally proceed in the following order: 1. Consent Agenda: These items are considered routine and are handled by one motion and vote of the Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located near the chamber entrance) and give it to the Clerk of the Board (sitting to the right of the Board) or, when the Chair asks if there is anything anyone would like to remove from the Consent Agenda, stand and approach the podium and request the item be removed. The removed items are discussed at the end of the Regular Agenda. 2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items removed from the Consent Agenda are discussed under this section. 3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time listed, but will never start before the time listed. 4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda, but may respond to statements or questions and provide staff direction. Public Comment limited to 3 minutes, and may be adjusted to the discretion of the Chair. 5. Closed Session: The Board is authorized, by law, to meet in a closed session in certain circumstances. This area of the agenda identifies those items that will be discussed during the closed session. Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow members of the public the opportunity to comment on all matters before the Board. Public participation is limited to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing of these policies and procedures can be found in the printed booklet agenda, obtained at the County Administrative Office, or viewed at the Clerk of the Board website. The Board of Supervisors is also committed to making its proceedings accessible to all residents. Individuals with special needs should call the Clerk of the Board at 530.552.3300, Monday through Friday, 8:00 a.m. to 5:00 p.m. to request disability -related modifications/accommodations, or to request materials in alternate formats. All requests for special accommodations and/or alternative format documents must be made 48 hours prior to the meeting. For further information contact the: Clerk of the Board of Supervisors County Administration Office 25 County Center Drive, Suite 200, Oroville, CA 95965 530.552.3300 Page 20 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MAY 24, 2022 Page 21