HomeMy WebLinkAboutM092821ANDY PICKETT,
CHIEF ADMINISTRATIVE
OFFICER
CLERK OF THE BOARD
PDF of Agenda
BUTTE COUNTY
BOARD OF SUPERVISORS
Regular Meeting Agenda
September 28, 2021
9:00 AM
MEETING LOCATION
BOARD OF SUPERVISOR CHAMBERS
25 COUNTY CENTER DRIVE, SUITE 205
OROVILLE, CALIFORNIA 95965-3380
How to Submit Public Comment Virtual
1_A CALL TO ORDER
Pledge of Allegiance
Moment of Silence
1.13 CORRECTIONS AND/OR CHANGES TO THE AGENDA
Page 1 of 36
MEMBERS OF
THEBOARD
BILL
CONNELLY,
DISTRICT 1
DEBRA
LUCERO,
DISTRICT 2
TAMI RITTER,
DISTRICT 3
TOD
KIMMELSHUE,
DISTRICT 4
DOUG TEETER,
DISTRICT 5
BRUCE
ALPERT,
COUNTY
COUNSEL
Item 4.04: The 7th line should read "the term of this agreement remains July 1,
2020 to June 30, 2023."
Item 3.13: requested to be pulled and placed on the regular agenda for
discussion by a member of the public.
Item 5.05: request of the appellant the hearing will be open today and
continued to November 9th Board meeting at 1:30 p.m.
Page 2 of 36
1.0 Rules of Decorum
1.1) COVID-19 Update by the Public Health Director
Public Comment Packet
Danette York, Director of Public Health, Bob Wentz, Director of Oroville
Hospital and Dr. Shannon, Steve Stark, CEO of Orchard Hospital and Dr. Levin,
Chief Medical Officer and Michael Wiltermood ,CEO Enloe Hospital presented
this item to the Board.
The following member(s) of the public submitted public comment on this item:
Michelle Gibble-Avery (electronic), Marian Walker (electronic), Jenna
Duckhorn (electronic), Antoinette Peppier (electronic), John Scott
(electronic),Terry Glazewski (electronic), Faun Witten (electronic), Rachel
Robinson (electronic), John Lake (electronic), Julie Threet (electronic & in-
person), Diana Dreiss (electronic & in-person), Cynthia J. (electronic & in-
person), Pat Jones, John Miller -George, Steve Jackson, Chris Nielson, Sandra
Husband, William Monroe, Julia Keener, Reed Johnson, Catherine Posey, Tasha
Levinson, Cheryl, Reit Spears, Jena, Allen Harris, Claudia, Gayleen Kinsle.
2.Bo and of Supervisors Public Comment
Public Comment Packet
The following member(s) of the public submitted public comment for this
item: Julie Castaneda (electronic), Diana Dreiss (electronic), Dallas Thomas
(electronic), Julie Threet (electronic & in-person), Cynthia J. (electronic & in-
person), John Miller -George, Steve Jackson, .
3. CONSENT AGENDA
Consent Agenda Public Comment Packet
A. Supervisor Comments on Consent Agenda Items
B. Adopt Consent Agenda
3.01 Memorandum of Understanding (MOU) between the Department of
Behavioral Health, Pacific West Communities, Inc., Butte County
Affordable Housing Development Corporation, and John Stewart
Company Outlining Responsibilities for No Place Like Home (NPLH)
Program
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The Department of Behavioral Health recommends approval of a non-
financial MOU between the Department, Pacific West Communities, Inc.,
Butte County Affordable Housing Development Corporation, and John
Stewart Company. The MOU will allow the agencies to develop and
finance the new affordable housing development, Prospect View
Apartments, located in Oroville, where the NPLH program will be
administered. The MOU will outline the roles and responsibilities of all
parties and help them coordinate resources and efforts to provide
permanent affordable housing to the NPLH Housing Program target
population utilizing the supportive housing model. The term of the
agreement is effective upon final execution through the conclusion of
the NPLH permanent loan, which is approximately 55 years. (Behavioral
Health)
ACTION REQUESTED - APPROVE MOU AND AUTHORIZE THE CHAIR TO
SIGN
Staff Report
3.02 Contract Amendment with AECOM Technical Services Inc. (AECOM) for
Groundwater Monitoring Services
Nitrate contamination in Chico Urban Area groundwater has been an
ongoing concern for over 40 years. The Board of Supervisors adopted the
Nitrate Compliance Plan on September 25, 2001, which includes an
oversight and monitoring program for properties within the Chico Urban
Area that have not connected to public sewer. The oversight and
monitoring program provides for the continued monitoring of Chico
groundwater to document the effectiveness of nitrate reduction efforts.
Monitoring data from the oversight and monitoring program is reported
to the Regional Water Quality Control Board (RWQCB). The County
entered into a contract with AECOM in 2016 for groundwater monitoring
services for the Chico Urban Area Nitrate Compliance Program
(Program). The contract was amended in July 2021 to extend the term to
September 9, 2021 and add a task for review and recommendations for
the future of the groundwater monitoring for the Program given the
recent completion of sewer infrastructure construction for the Program.
County Administration recommends extending the contract through
December 31, 2021 so the review and recommendation for the
groundwater monitoring can be completed and discussed with the
RWQCB. Staff will solicit for a contractor to implement the program once
there is agreement with the RWQCB. The amendment extends the term
of the contract from September 9, 2021 to December 31, 2021. All other
terms remain the same. County activities for Nitrate Compliance Plan
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implementation are funded by County Service Area 114. (County
Administration)
ACTION REQUESTED - APPROVE CONTRACT AND AUTHORIZE THE CHAIR
TO SIGN
Staff Report
3.03 Contract with MGT of America, LLC (MGT) for Senate Bill 90 (SB 90)
Claiming Services
The Tax Relief Act of 1972 or SB 90 is the implementing legislation that
allows local governments and agencies to submit claims for
reimbursement to the State for costs related to new programs or service
level increases that the State mandates local governments and agencies
provide. Since FY 2000-01, the County has utilized the services of
different consultants to fill out and submit SB 90 claims on its behalf. In
order to ensure the County and its residents receive the maximum value
from the relationship with the consultant providing SB 90 claiming
services, the County periodically issues a Request for Proposals (RFP) to
consultants interested in providing this service. On June 25, 2021,
County Administration published a Request for Proposals (RFP) for SB 90
claiming services. The only response to the RFP was from MGT. MGT has
been providing SB 90 claiming services for the County since October
2010. The term of the contract is September 28, 2021 through June 30,
2026, not -to -exceed $63,500. (County Administration)
ACTION REQUESTED - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN
Staff Report
3.04 Resolution to Approve and Join Golden State Connect Authority (GSCA)
Joint Exercise of Powers Agreement (JPA) for the Purpose of Expanding
Broadband Access and Quality in Rural Counties
On August 18, 2021, the Board of Directors of Rural County
Representatives of California (RCRC) voted unanimously to approve the
formation of a JPA, Golden State Connect Authority, for the purpose of
expanding broadband access and quality in rural counties. Following
approval by the RCRC Board, the next step in establishment of this entity
is to provide the GSCA JPA to each RCRC member county for review and
approval by the Member County Boards of Supervisors, with the option
to join the Golden State Connect Authority as a Member county.
Activities within Golden State Connect Authority will focus exclusively on
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broadband. All RCRC member counties are welcome and encouraged to
join. There is no financial impact associated with joining the JPA, and no
obligation for individual member counties to provide funds to the
Authority, absent a separate agreement to participate in one (or more)
of the specific programs. As with RCRC, the proposed new entity will be
governed by delegate Supervisors from each member county, and day-
to-day operations will be administered by RCRC staff. The primary goals
for the project structure are to ensure that elected County Supervisors
retain control of the program, with day-to-day administration provided
by RCRC staff; to allow for partnership agreements between like -
governmental entities for the operation and advancement of the
program of work; and to attract public and private investment in the
program, as necessary and appropriate. Initial areas of focus for
broadband work on behalf of member counties will include: (1)
Foundational Readiness: Ensure all member counties have broadband
strategic plans through the Broadband Playbook initiative currently
underway, for which the Butte County Board of Supervisors has signed a
Memorandum of Understanding to participate; (2) Capacity Building:
Equip rural counties with information and resources about innovative
models and approaches to broadband deployment; and (3)
Demonstration Projects: Implement open -access municipal broadband
projects. (County Administration)
ACTION REQUESTED - 1) APPROVE JOINT EXERCISE OF POWERS
AGREEMENT; AND 2) ADOPT RESOLUTION AND AUTHORIZE CHAIR TO
SIGN THE GOLDEN STATE CONNECT AUTHORITY JOINT EXERCISE OF
POWERS AGREEMENT
Staff Report
Resolution 21-143
3.05 Resolution and Cooperative Agreement with California Department of
Forestry and Fire Protection (CAL FIRE) for Fire Protection Services
The County enters into a cooperative agreement annually with CAL FIRE
to staff the Butte County Fire Department, which provides fire protection
services in the unincorporated areas of Butte County. The cooperative
agreement provides efficient, effective emergency services that takes
advantage of economies of scale. The County has had a cooperative
agreement with CAL FIRE since 1931. The cooperative agreement for FY
2021-22 add an Assistant Fire Chief position and is $882,000 less than
the prior fiscal year due the the State adjusting labor expenses for State
staff. The term of the agreement is July 1, 2021 through June 30, 2022
with a maximum payable amount of $16,002,881, which reflects the
amount approved by the Board of Supervisors in the FY 2021-22 budget
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for the Department. (Fire)
ACTION REQUESTED - 1) ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN; AND 2) APPROVE COOPERATIVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN
Staff Report
Resolution 21-144
3.06 Budget Adjustment for Staffing for Adequate Fire and Emergency
Response (SAFER) Grant
The Butte County Fire Department was awarded a SAFER Grant in the
amount of $544,800 for the Recruitment and Retention of Volunteer
Firefighters. The grant period is November 24, 2020 through November
23, 2024. The grant has no local match required. The grant improves the
Department's staffing and deployment capabilities so it can more
effectively respond to emergencies. The grant provides for various
advertising methods such as billboards, newspaper advertisements,
signs, banners, fliers and brochures, radio advertising, public safety
television announcements, and direct mailers. This recruitment and
retention advertising will be heard and seen by Butte County residents
during the Department's recruitment period. The grant also funds
equipment to outfit volunteers whose equipment is currently expired.
The SAFER grant is on a reimbursement basis meaning the activities are
paid by the Department and reimbursed once they are fully expended. In
this case, it is unlikely for the reimbursement from the grant to be
received in the current fiscal year. The Department recommends the
Board adopt a budget adjustment to add $131,200 in appropriations for
grant expenses and approve $131,200 from the General Fund
Appropriation for Contingencies. Reimbursement from the grant will be
realized as revenue in future years. (Fire)
ACTION REQUESTED - APPROVE BUDGET ADJUSTMENT INCLUDING THE
USE OF GENERAL FUND APPROPRIATION FOR CONTINGENCIES (4/5 VOTE
REQUIRED).
Staff Report
The following member(s) of the public submitted public comment on
this item: Cynthia J. (electronic).
3.07 Contract with Russell, Gallaway Associates, Inc. for Design Services for
the Openshaw Road Fire Training Tower Project
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On July 20, 2021, the Board of Supervisors approved the budget
adjustment of $690,000 from the Community Cost share Fund to the
Capital Improvement Fund for the design and installation of a Fire
Training Tower at the Openshaw Road Training Center. After evaluating
available design firms, the Department recommends entering into a
contract with Chico based Russell, Gallaway Associates, Inc. for design
services for the project. The term of the contract is execution through
200 days after execution, not -to -exceed $31,000. (General Services)
ACTION REQUESTED - APPROVE CONTRACT AND AUTHORIZE THE CHAIR
TO SIGN
Staff Report
3.08 Contract Amendment with Municipal Resource Group, LLC for
Investigative Services
The Human Resources Department recommends amending the contract
with Municipal Resource Group, LLC for investigative services related to
allegations of employee misconduct and violations of County Personnel
Rules and Memoranda of Understanding. The amendment extends the
term of the contract by one year through October 31, 2022, increases
the maximum payable amount by $75,001, not -to -exceed $100,000 and
revises the Scope of Work, Duties and Obligations of the County to
include the updated not -to -exceed amount. All other terms remain the
same. (Human Resources)
ACTION REQUESTED - APPROVE CONTRACT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN
Staff Report
3.09 Resolution to Amend the Salary Ordinance - Department of Human
Resources recommends the Board of Supervisors adopt a resolution
amending the Salary Ordinance for the following departments:
AUDITOR -CONTROLLER: Add 1 flexibly staffed Administrative Analyst
position. This position will provide support to the continued
implementation and ongoing maintenance of Workday. Workday is the
County's new finance, human resources and payroll system. Workday is
a modern cloud based system which will allow significant improvements
to County business processes and requires ongoing training and
education. Total allocations to increase by 1. This position costs
approximately $115,000 per year. It is anticipated that current year costs
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will be covered in salary savings in the Department and in the future it
will be included in the Department's budget. LIBRARY: Flexibly staff 1
current Branch Librarian position to include Librarian. This change will
better suit the current and future operational needs of the Department
and will help the Library to achieve its objective and goals in the
Strategic Plan. Total allocations to remain unchanged. Funding available
in the Department's budget. PUBLIC HEALTH: Add 1 flexibly staffed
Public Health Education Specialist position and 1 Public Health Program
Manager position. Delete 1 vacant flexibly staffed Health and Human
Services Analyst position. The proposed staffing changes are made by
the Butte County Children and Families Commission to meet its staffing
needs. Total allocations to increase by 1. The estimated annual increase
is $79,061. These positions provide staffing to Butte County Children and
Families Commission and are fully funded by the Commission. (Human
Resources)
ACTION REQUESTED - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN.
Staff Report
Resolution 21-145
3.10 Resolution Recognizing October 2021 as Cybersecurity Awareness
Month
Cybersecurity Awareness Month was launched by the National Cyber
Security Alliance and the United States Department of Homeland
Security in October 2004 and has been observed every October since.
Now in its 18th year, Cybersecurity Awareness Month was created as a
collaborative effort between government and industry to ensure every
American has the resources they need to stay safer and more secure
online. Cybersecurity Awareness Month aims to promote cybersecurity
awareness, education, and resources that empower individuals and
organizations to make their interconnected world safer and more
resilient. The Department of Information Systems requests the Board of
Supervisors adopt a resolution recognizing October 2021 as
Cybersecurity Awareness Month. (Information Systems)
ACTION REQUESTED - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN
Staff Report
Resolution 21-146
Page 9 of 36
3.11 Contract Change Order with Motorola Solutions to Implement the
Butte Regional Interoperable Communication System (BRICS)
BRICS entered service on April 7, 2020, and is now host to over 1,000
radios from multiple County departments. It has become an integral part
of public safety communications for Butte County, and will soon be host
to partner agencies who wish to join BRICS. The BRICS network consists
of seven radio sites spread throughout Eastern Butte County. Six radio
sites have been completed to date. Occupancy negotiations and
construction were set back due to wildfires and the ongoing COVID-19
pandemic. The most recent delay was caused by unsafe conditions
resulting from the Dixie Fire - poor air quality prevented the Motorola
contractor from completing the necessary construction. The Department
of Information Systems recommends amending the Motorola
implementation contract to provide the contractor with additional time
for installation and testing at the seventh radio site. Installation is
expected to be complete by June 30, 2022. Remaining testing of the
system will be completed by July 31, 2022 to allow full foliage
development thereby assuring accurate signal mapping during the
densest of conditions. The current Motorola installation contract is
ending on October 31, 2021. The zero -cost contract change order will
move the end date to July 31, 2022, affording the contractor sufficient
time to complete the installation. (Information Systems)
ACTION REQUESTED - APPROVE CONTRACT CHANGE ORDER AND
AUTHORIZE THE CHAIR TO SIGN
Staff Report Part 1
Staff Report Part 2 (1 of 2)
Staff Report Part 2 (2 of 2)
Staff Report Part 3
3.12 Contract with Skyway House, Inc., for Substance Use Disorder
Treatment Services for Veterans Treatment Court (VTC) Program
Participants
Skyway House, Inc. (Skyway House) provides licensed residential,
intensive outpatient, and outpatient substance use disorder treatment
services for adults at two facilities in Chico. Services include case
management, group and individual counseling, relapse prevention, and
transitional planning. The core educational curriculum is evidenced -
based and complies with all State licensing requirements. If approved,
Page 10 of 36
Skyway House will address the substance use disorder treatment needs
of justice -involved Veterans who are on formal probation in the VTC
Program. Participating in substance use disorder treatment would lead
to sustained sobriety, reduced treatment needs, and greater
employability for VTC participants. The Department estimates 11 justice -
involved veterans will benefit from substance use disorder treatment
services per year. The Probation Department recommends entering into
a contract with Skyway House to provide substance use disorder
treatment services to VTC participants funded by the Department of
Justice, Bureau of Justice Assistance, Adult Drug Court and Veterans
Treatment Courts Grant. The term of the contract is October 1, 2021
through September 30, 2022, not to exceed $35,373. (Probation)
ACTION REQUESTED - APPROVE CONTRACT AND AUTHORIZE THE CHAIR
TO SIGN
Staff Report
3.14 Adoption of an Ordinance Amending Chapter 23B, Entitled "Water
Wells" to Discontinue Exploratory Wells and Allow Exploration Holes or
Borings
The use of exploratory wells began in the early 2000's to allow
developers and potential purchasers of land to verify the presence of an
adequate supply of groundwater prior to making significant investments
in their projects or purchases. Problems arose with some property
owners using exploratory wells to provide water for unpermitted
activities, some of which are damaging to the environment. In 2018, the
Board of Supervisors directed the Department of Public Health to work
with other County departments to determine if property owners, in
violation of Butte County Code section 23B, could be brought into
compliance by following the County's existing code enforcement
process. A workgroup comprised of several County departments
performed a thorough analysis and presented the findings at the March
9, 2021 Board of Supervisors meeting. The Board requested additional
information, and the information was presented at the May 25, 2021
Board meeting. At the meeting, the Board directed staff to prepare an
ordinance eliminating the exploratory well program and allow the
construction of exploratory holes or borings. The Department worked in
coordination with County Counsel to amend Butte County Code Chapter
23B, sections 23B -2(I), 23B -5(d), 23B -5(e), 23B -5(f), and 2313-10(b) to
reflect Board direction. On September 14, 2021, the Board voted to
waive the first reading. It is now recommended that the Board of
Supervisors adopt the ordinance. (Public Health)
Page 11 of 36
ACTION REQUESTED - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR
TO SIGN
Staff Report
Ordinance 4208
3.15 Contract with Northern Valley Catholic Social Service (NVCSS) for Home
Visiting Program
The Department of Public Health has received grant funding from the
California Department of Public Health (CDPH) to have a home visiting
program. The purpose of the home visiting program is to improve
pregnancy outcomes, prevent child abuse, and enhance parent-child
bonding by providing one-on-one assistance to mothers to strengthen
their parenting skills. The Department has received this funding for
multiple years and has contracted with NVCSS since 2012 to meet the
scope of work requirements outlined in the grant. The program serves
pregnant and postpartum women (with infants up to 3 months of age)
residing in Butte County who give birth at any Butte County hospital.
Families are encouraged to remain enrolled if they need the support
services until the child begins school. NVCSS is the only Butte County
agency accredited to provide these services through a Health Families
America Model, as required by the State as part of the CDPH grant that
funds the program. The Department recommends entering into a
contract with NVCSS for a home visiting program. The term of the
contract is October 1, 2021 through June 30, 2022, not -to -exceed
$312,657. (Public Health)
ACTION REQUESTED - APPROVE CONTRACT AND AUTHORIZE THE CHAIR
TO SIGN
Staff Report
3.16 Capital Asset Purchase - Telescopic Forklift
The 22 year old telescopic forklift used to move old mattresses and other
recyclable items at the Neal Road Recycling and Waste Facility recently
sustained transmission damage totaling approximately $55,000. Due to
new air quality regulations, the cost to repair and retrofit the engine
with the current California Air Resources Board required upgrades
exceeds the value of the telescopic forklift. The Department of Public
Works recommends the Board of Supervisors approve a capital asset
purchase for a replacement telescopic forklift in the amount of
$180,000. (Public Works)
Page 12 of 36
ACTION REQUESTED - APPROVE CAPITAL ASSET PURCHASE
Staff Report
3.17 Notice of Completion for North Lightning Complex Metal Beam Guard
Rail (MBGR) Replacement Project
As a result of the North Complex Fire, Bald Rock Road and Lumpkin Road
sustained extensive guard rail damage. On June 22, 2021, the Board of
Supervisors awarded the North Lightning Complex MBGR Replacement
Project to Coral Construction of Wilsonville, Oregon. The project
provided for off -system road guard rail repairs at Bald Rock Road and
Lumpkin Road. The contract award amount was $137,850. This project is
eligible for FEMA reimbursement under a Federal Disaster Declaration.
All contract work has been completed. (Public Works)
ACTION REQUESTED - ACCEPT THE CONTRACT WORK AS COMPLETE AND
AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION
Staff Report
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
eight vehicles as surplus to the needs of the County, remove the vehicles
from the capital asset ledger, and authorize the County Purchasing Agent
to auction the items. (Public Works)
ACTION REQUESTED - DECLARE CAPITAL ASSETS (8) SURPLUS TO THE
NEEDS OF THE COUNTY
Staff Report
3.19 Accept Equipment Donation from the Center to Combat Human
Trafficking
The Center to Combat Human Trafficking has donated four pieces of
equipment to the Sheriff's Office for use in its efforts to combat illegal
marijuana cultivation. Equipment includes the following: 1 John Deere
331G Track Loader valued at $80,900; 1 John Deere 331G Track Loader
valued at $75,000; 1 John Deere MH60 Mulcher attachment valued at
Page 13 of 36
$33,100; and 1 John Deere RX84 Cutter attachment valued at $11,750.
The Sheriff's Office recommends accepting the donated equipment.
(Sheriff -Coroner)
ACTION REQUESTED - ACCEPT DONATION
Staff Report
3.20 Capital Asset Purchase and Budget Adjustment for GrayKey Software
License
The Sheriff's Office participates in and receives funds from the California
Region III Sexual Assault Felony Enforcement (SAFE) program. SAFE funds
are used to pay for equipment, software, and staff time in an effort to
reduce violent sexual assault offenses through proactive surveillance and
arrest of habitual sexual offenders. Historically, the Sheriff's Office has
used a portion of allocated SAFE funds to pay for GrayKey Software,
which is used pursuant to legal authority to conduct forensic extraction
and examination of digital evidence necessary for the investigation and
successful prosecution of sexual assault offenses. On September 14,
2021, an additional $42,300 in SAFE program funds were allocated to
Butte County to enable the purchase of an expanded version of the
GrayKey Software. The expanded software functionality will enable
successful extraction of crucial evidence from a wider variety of devices
used to communicate, transmit, and store data. The Sheriff's Office
recommends capital asset authority to purchase the GrayKey Software
and a budget adjustment in the amount of $42,300. (Sheriff -Coroner)
ACTION REQUESTED - 1) APPROVE CAPITAL ASSET PURCHASE; AND 2)
APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED)
Staff Report
3.21 Contract Amendment with Securus Technologies for Provision of Jail
Management System
In May 2013, the Sheriff's Office (SO) entered into a contract with
Securus Technologies for the provision of a Jail Management System
(JMS). In 2016, the SO was granted a 15 -year standardization for the
JMS, which allows the SO to extend the term of the agreement up to
2031 without a solicitation. The contract has been amended six times
since 2013. Amendment 1, completed in April 2014, added a banking
interface to allow electronic verification of checks through Positive Pay
and increased the cost of the contract $10,200. Amendment 2,
completed in March 2015, added installation and maintenance of two
Page 14 of 36
monetary kiosks and added use of electronic deposit and release
payments utilizing debit cards at no cost. Amendment 3, completed in
June 2015, documented the change of the subcontractor being used to
provide inmate debit release cards and documented related changes at
no cost. Amendment 4, completed in June 2016, extended the term of
the contract by five years from May 5, 2016 to May 6, 2021 and
increased the total contract price by $276,000 to pay for the additional
years. Amendment 5, completed in April 2019, eliminated a portion of
the service being provided and reduced the cost of the contract by
$43,800. Amendment 6, competed in November 2020, removed
language limiting the amount of money that can be placed on inmate
debit release card at no cost. The Sheriff's Office recommends amending
the contract with Securus Technologies. The proposed amendment
extends the term of the contract by three years from May 5, 2021
through May 6, 2024, and increases the maximum amount payable by
$103,950, not to exceed $955,498. (Sheriff -Coroner)
ACTION REQUESTED - APPROVE CONTRACT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN
Staff Report
3.22 Contracts with Oro Dam Auto Center, LLC, Oroville Ford, Inc., and
Wittmeier Auto Center for Preventative Vehicle Maintenance
The Sheriff's Office (SO) utilizes a fleet of over 200 vehicles to provide
law enforcement and public safety services. The fleet is made up of
vehicles of various makes and models; all of which require routine
preventative maintenance service to ensure optimal operation and
reliability. In April 2021, the SO performed a solicitation for Preventative
Vehicle Maintenance services to ensure it was receiving services in the
most efficient and cost effective way possible. The SO received four
responses and determined that contracting with multiple vendors,
located in both north and south county, is the most efficient and cost
effective method available to maintain the fleet. The Sheriff's Office
recommends entering into three contracts for Preventative Vehicle
Maintenance Services including a contract with Oro Dam Auto Center,
LLC with a term beginning on the date of execution and ending after
three years, not -to -exceed $75,000; a contract with Oroville Ford, Inc.
with a term beginning on the date of execution and ending after three
years, not -to -exceed $75,000; and a contract with Wittmeier Auto
Center with a term beginning on the date of execution and ending after
one year, not -to -exceed $50,000. (Sheriff -Coroner)
ACTION REQUESTED - APPROVE THREE (3) CONTRACTS AND AUTHORIZE
THE CHAIR TO SIGN
Page 15 of 36
Staff Report
Motion: Approve consent agenda with the corrections to pull item 3.13 for
review.
Motion moved by Supervisor Ritter; Seconded by Supervisor Lucero.
Motion passed unanimously with the exception of item 3.14 in which
Supervisor Teeter and Chair Connelly voted against.
4. REGULAR AGENDA
4.01 Boards, Commissions, and Committees (List available at
http://www.buttecounty.net/clerkoftheboard/AppointmentsList.aspx)
A. Appointments to Listed Vacancies
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)
Chair Connelly: Wanted to get permission to write a letter to
FERC for the String Town Road repairs that DWR was suppose
to do but instead blocked off the road with boulders.
All other Supervisors passed on comments at this time.
4.02 Update of Budget, Legislative, and Other Current Issues by the Chief
Administrative Officer
4.02. A. North Complex Fire Recovery Update
Andy Pickett, Chief Administrative Officer, presented this item
to the Board.
4.02. B. CAO Comment
Public Comment Packet
Page 16 of 36
Andy Pickett, Chief Administrative Officer presented this item
to the Board.
The following member(s) of the public submitted public
comment on this item: Cynthia J. (electronic).
4.03 CalPERS Post Retirement Employment Exemption for Dawn Rollins
The California Public Employees' Pension Reform Act (PEPRA) of 2013
requires newly retired persons to "sit out" for a period of 180 days
before returning to work for an employer in the same retirement system
which they receive a retirement. An exemption to this rule is permitted
by Government Code section 7522.56(f)(1), if approved by the governing
body in a public meeting on the regular agenda. The Department of
Behavioral Health recommends approval of a resolution to allow the
extra -help hiring of Dawn Rollins as a Program Manager, Clinical
Services. She retired as a regular -help employee on June 18, 2021, after
working 30 years for the the County. Dawn Rollins was Program
Manager, Clinical Services for two clinics for the Department (Paradise
and Chico) where she was responsible for adult and youth clinical
services. She led and had oversight over specific youth services
implementation of State -mandated changes and assisted in the roll out
of corrective action plans required by the State for both adult and youth
programs. In the last several months, the Department has been in the
process of transitioning these duties to other employees until a
replacement can be hired and trained. With long-term experience and
knowledge, Dawn Rollins will be able to train and support the employees
who can eventually take on these duties, particularly those related to
clinical and administrative oversight of new State requirements, help to
train for ultimate replacement, and function as a resource to the
Department. The Department is actively recruiting for this position, but
has experienced challenges in filling it. The Director of Human Resources
has reviewed the facts and concurs that the request is consistent with
the Government Code section 7522.56(f)(1). (Behavioral Health)
ACTION REQUESTED - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN
Staff Report
Resolution 21-147
Scott Kennelly, Director of Behavioral Health presented this item to the
Board.
Page 17 of 36
Motion: Adopt resolution and authorize the Chair to sign.
Motion moved by Supervisor Lucero; Seconded by Supervisor
Kimmelshue.
Motion passed unanimously.
4.04 Agreement Amendment with the State Department of Health Care
Services (DHCS) for Drug Medi -Cal (DMC) Substance Use Disorder (SUD)
Services and Resolution Authorizing Agreement Amendment
On February 23, 2021, the Board approved an agreement with DHCS for
DMC SUD services. This agreement provides State and federal funding
for a majority of the Department of Behavioral Health's SUD treatment
services available to Medi -Cal beneficiaries in Butte County. The
Department recommends amending the agreement for SUD services.
The term of the agreement remains from July 1, 2020 to June 30, 2021.
The amendment reflects a funding increase in the amount of
$12,226,054, for a maximum payable of $28,372,800. All other terms
and conditions remain the same. (Behavioral Health)
ACTION REQUESTED - 1) APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE DIRECTOR OF BEHAVIORAL HEALTH TO SIGN; AND 2) ADOPT
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Staff Report
Resolution 21-148
Scott Kennelly, Director of Behavioral Health, presented this item to
the Board
Motion: 1) Approve agreement amendment and authorize Director of
Behavioral Health to sign; and 2) Adopt resolution and authorize Chair
to sign.
Motion moved by Supervisor Lucero; Seconded by Supervisor
Kimmelshue.
Motion passed unanimously.
4.05 Employment Contract for Director
Page 18 of 36
Water and Resource Conservation - County Administration recommends
entering into an employment contract with Kamie Loeser as the Director
- Water and Resource Conservation . The term of the contract is October
11, 2021 through October 10, 2024. The contract includes a proposed
salary of $145,000. (County Administration)
ACTION REQUESTED - APPROVE EMPLOYMENT CONTRACT AND
AUTHORIZE THE CHAIR TO SIGN
Staff Report
Andy Pickett, Chief Administrative Officer, presented this item to the
Board.
Motion: Approve employment contract and authorize the Chair to sign.
Motion moved by Supervisor Teeter; Seconded by Supervisor
Kimmelshue.
Motion passed unanimously.
4.06 COVID-19 Response Expense Contract Amendments for Project
Roomkey
In response to the COVID-19 pandemic, Butte County, through Project
Roomkey, has been providing non -congregate sheltering in hotel rooms,
meal delivery, and other essentials to vulnerable individuals experiencing
homelessness since March of 2020. Contracts were initially agreed to
with 7 hoteliers which defined the daily hotel rates, along with 3
contracts with organizations to provide meal, security and cleaning
services. The Departments of General Services, Employment and Social
Services, and County Administration recommend approval of the
contract amendments for the delivery of services related to Project
Roomkey as detailed in the staff report. The funding for these contract
expenses is included in the budget and includes several sources of grant
funds and anticipated FEMA funding. (General Services/County
Administration/Employment and Social Services)
ACTION REQUESTED - APPROVE CONTRACT AMENDMENTS (10) AND
AUTHORIZE THE CHAIR TO SIGN
Staff Report
Public Comment Packet
Page 19 of 36
Shelby Boston, Director of Employment and Social Services, presented
this item to the Board.
The following member(s) of the public submitted public comment on
this item: Faun Witten (electronic), John Lake (electronic) and John
Miller -George.
Motion: Approve contract amendments (10) and authorize the Chair to
sign.
Motion moved by Supervisor Teeter; Seconded by Supervisor
Kimmelshue.
Motion passed 4-0-1.
Ayes: Supervisors Lucero, Teeter, Kimmelshue and Chair Connelly
Absent: Supervisor Ritter
4.07 Change Order #33 of Contract X24080 with DH Slater & Son, Inc. for
construction of evidence storage areas as part of the Evidence Storage
Building and Morgue (ESM) Project
The County is in the process of constructing an Evidence Storage Building
& Morgue (Project). The Project consists of a new 10,840 square foot
building which is currently being constructed east of the East Jail Facility
on Gillick Way and has a project budget of $13.5 million. The Project
originally included an additional 8,000 square foot metal building for
long term storage of confiscated automobiles, trucks, recreational
vehicles, etc., and an additional 7,000 square feet of secure fenced yard
for short term storage for the same types of vehicles. The County is
required to maintain automobiles and equipment used during the
commission of a crime and confiscated by the Sheriff's Office, but the
storage for these items was eliminated from the initial design and
construction contracts due to concerns about the Project budget. After
awarding all design, construction and inspection contracts, and paying
for all permits and fees for the project, there is an estimated $2.2 million
available in the project budget to cover the $1.8 million cost of
construction for the additional storage areas. There will also be
additional permit and utility connection fees estimated at $30,000.
Although Slater & Son still plans to complete the construction of the ESM
building by the end of November, this change order will extend the
contract completion date to June 30, 2022 to allow for completion of the
metal building and secured storage yard. The Sheriff's Office and the
Department of General Services recommend moving forward with
Page 20 of 36
providing a change order to contract X24080 with DH Slater & Son for
construction of the additional storage areas for a fixed fee price of
$1,817,725. A summary of the key previous change orders to this
contract include: Equipping the third (future) autopsy suite and
modifying the main autopsy room for an upgraded Lodox x-ray machine
for $533,500; added 14 additional secure carports on the east side of the
site for $160,000; revised PG&E connections to allow for future facility
construction to the north of the building for $61,000; and upgraded floor
finish in the evidence rooms from sealed concrete to resinous epoxy for
$48,000. A list of all previous change orders is attached and all change
orders will be brought before the Board once the project is complete.
(Sheriff-Coroner/General Services)
ACTION REQUESTED - APPROVE CHANGE ORDER #33 AND AUTHORIZE
THE GENERAL SERVICES DIRECTOR TO SIGN
Staff Report
Kory Honea, Sheriff, presented this item to the Board.
Motion: Approve change order #33 and authorize the General Services
Director to sign.
Motion moved by Supervisor Lucero; Seconded by Supervisor
Kimmelshue.
Motion passed 4-0-1.
Ayes: Supervisors Lucero, Teeter, Kimmelshue and Chair Connelly
Absent: Supervisor Ritter
4.08 Budget Adjustment and Contract with Luhdorff and Scalmanini
Consulting Engineers (LSCE) for Grant Application Development for the
Palermo Clean Water Consolidation Project
The majority of residents within Palermo have individual groundwater
wells for potable water supply and on-site septic systems for wastewater
treatment and disposal. Flooding, high groundwater levels and
continuous septic system failures have resulted in cross contamination of
the existing wells and possibly contamination of the groundwater
aquifer. If left unresolved, individual wells will continue to experience
cross contamination issues and pose a risk to the groundwater aquifer
due to seasonal flooding, high groundwater levels, and continued septic
system failures. The County received technical assistance funds in the
Northern Sacramento Valley Integrated Regional Water Management
Plan Mountain County Funding Area to help understand the needs in
Page 21 of 36
Palermo. A technical memorandum was developed documenting a draft
scope for the Palermo Clean Water Consolidation Project (Project) and
identifying funding sources. The Project would connect 380 parcels in the
Palermo community to the South Feather Water and Power Agency
(SFWPA) water system within the boundaries of Messina Avenue on the
north, Upper Palermo Road on the east, South Villa Avenue on the south,
and Railroad Avenue on the west. The SFWPA is the logical choice for the
Palermo community given the existing distribution system in the area,
which already serves 110 parcels. The estimated cost for the project is
$12.4 million. Multiple sources of funding may be necessary to fully fund
the Project. The Drinking Water State Revolving Fund (DWSRF) is a likely
source of funding for the Project. The County issued a request for
proposals on August 16, 2021 for DWSRF application development and
received one response. The Department recommends entering into a
contract with LSCE to develop all elements of a DWSRF application for
the Project as well as up to three additional grant applications to assist
with funding the Project. The term of the contact is September 28, 2021
through June 30, 2022; not to exceed $364,862. The Department
recommends the Board of Supervisors approve $364,862 from the
General Fund Appropriation for Contingencies for contract expenses. The
Department will bring forward a request for American Rescue Plan Act
(ARPA) Funds for the Project on October 12, 2021, and if approved, ARPA
funds will replace the use of the General Fund Appropriation for
Contingencies for the contract. (Water and Resource Conservation)
ACTION REQUESTED - 1) APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN; AND 2) APPROVE BUDGET ADJUSTMENT INCLUDING THE
USE OF GENERAL FUND APPROPRIATION FOR CONTINGENCIES (4/5 VOTE
REQUIRED)
Staff Report
PowerPoint Presentation
Dr. Christina Buck, Assistant Director of Water and Resource
Conservation presented this item to the Board.
The following member(s) of the public submitted public comment on
this item: John Miller George and Tasha Levinson.
Motion: Approve contract and authorize the Chair to sign; and 2)
approve budget adjustment including the use of general fund
appropriation for contingencies (4/5 vote required).
Motion moved by Supervisor Kimmelshue; Seconded by Supervisor
Page 22 of 36
Lucero.
Motion passed 4-0-1.
Ayes: Supervisors Lucero, Teeter, Kimmelshue and Chair Connelly
Absent: Supervisor Ritter
4.09 Memorandum of Understanding (MOU) with South Feather Water and
Power Agency (SFWPA) for the Palermo Clean Water Consolidation
Project for the Drinking Water State Revolving Fund (DWSRF)
Application
The majority of residents within Palermo have individual groundwater
wells for potable water supply and on-site septic systems for wastewater
treatment and disposal. Flooding, high groundwater levels and
continuous septic system failures have resulted in cross contamination of
the existing wells and possibly contamination of the groundwater
aquifer. If left unresolved, individual wells will continue to experience
cross contamination issues and pose a risk to the groundwater aquifer
due to seasonal flooding, high groundwater levels and continued septic
system failures. The County received technical assistance funds in the
Northern Sacramento Valley Integrated Regional Water Management
Plan Mountain County Funding Area to help understand the needs in
Palermo. A technical memorandum was developed documenting a draft
scope for the Palermo Clean Water Consolidation Project (Project) and
identifying funding sources. The Project would connect 380 parcels in the
Palermo community to the South Feather Water and Power Agency's
(SFWPA) water system within the boundaries of Messina Avenue on the
north, Upper Palermo Road on the east, South Villa Avenue on the south,
and Railroad Avenue on the west. The SFWPA is the logical choice for the
Palermo community given the existing distribution system in the area,
which already serves 110 parcels. The estimated cost for the project is
$12.4 million. Multiple sources of funding may be necessary to fully fund
the Project. The Drinking Water State Revolving Fund (DWSRF) is a likely
source of funding for the Project. An MOU between the County and
SFWPA is needed to submit an application to the DWSRF. The proposed
MOU outlines the roles and responsibilities for the County and SFWPA
from grant application to project implementation. The County would be
the grant applicant and administrator as well as fully participate in all
outreach for the Project. SFPWA would oversee the project
implementation including construction. The Water and Resource
Conservation Department recommends entering into an MOU with
SFWPA outlining each agency's role in acquiring funding and
implementing the Project. (Water and Resource Conservation)
Page 23 of 36
ACTION REQUESTED - APPROVE MOU AND AUTHORIZE THE CHAIR TO
SIGN
Staff Report
Motion: Approve MOU and authorize Chair to sign.
Motion moved by Supervisor Lucero; Seconded by Supervisor
Kimmelshue.
Motion passed 4-0-1.
Ayes: Supervisors Lucero, Teeter, Kimmelshue and Chair Connelly
Absent: Supervisor Ritter
4.10 Technical Assistance (TA) Grant for a Wastewater Consolidation
Program for the Community of Palermo
The California Regional Water Quality Control Board (CRWQCB)
approached Butte County in early 2021 about applying for a TA grant for
a Wastewater Consolidation Program for the Community of Palermo
under Senate Bill 1215 (FY 2017-2018). The grant is available to address
drinking and wastewater needs for small disadvantaged communities
with goals focused on the reduction of nitrate impacts to drinking water
and expansion of sewer service connections. The Community of Palermo
meets two of the criteria as a Small Disadvantaged Community with
inadequate on site sewage treatment systems. A Sanitary Survey
conducted in 2007 demonstrated issues such as elevated nitrate levels, a
shallow water table, and soil drainage issues in the Community of
Palermo. The County completed a Preliminary Engineering Report and
Environmental Analysis on the project in 2010 that studied two
alternatives: (1) construction of a new waste water treatment plant; and
(2) a connection to the Lake Oroville Area Public Utility District
(LOAPUD). Due to the age of the 2010 study, the CRWQCB recommends
an update study through a TA grant. On September 14, 2021, CRWQCB
presented the grant opportunity to the LOAPUD Board. LOAPUD is
beginning the application process as the utility district serving the
Community of Palermo and returning to the LOAPUD Board for final
approval before submission. Following the Technical Assistance phase, if
granted, LOAPUD may be eligible for additional grants for planning,
design and construction, with potentially up to 100% funding for this
project. The LOAPUD Board may request community outreach assistance
from the County for the community engagement requirements of the
grant. To cover costs related to staff time spent on outreach, project
elements would be included in the project scope for funding. (County
Administration)
Page 24 of 36
ACTION REQUESTED - ACCEPT FOR INFORMATION
Staff Report
Katie Simmons, Deputy Administrative Officer and Keith Nib,
Consulting District Engineer for LOAPUD with Sours Engineering,
presented this item to the Board.
The following member(s) of the public submitted public comment on
this item: John Miller -George.
Motion: To approve grant application.
Motion moved by Chair Connelly; Seconded by Supervisor Kimmelshue.
Motion passed 4-0-1.
Ayes: Supervisors Lucero, Teeter, Kimmelshue and Chair Connelly
Absent: Supervisor Ritter
4.11 Drought Task Force Update and Consideration of Draft Scope of Work
for Drought Impacts Analysis Study
In 2004, Butte County adopted the Drought Preparedness and Mitigation
Plan by Resolution 04-200. A key element of the Plan was the creation of
the Drought Task Force (DTF). The charge of the DTF is to monitor
hydrologic conditions throughout the water year and report the findings
to the Water Commission and the Board of Supervisors biannually,
quarterly, or monthly as needed. The DTF met for the third time this year
on September 7, 2021 to receive a drought update from state agencies,
discuss current conditions and drought response activities, and provide
input on a draft scope of work for a Drought Impacts Analysis Study. On
August 24, 2021 meeting, the Board of Supervisors directed staff to draft
a scope of work for the Drought Impacts Analysis Study for the Board's
consideration. The DTF considered the scope of work at its September 7,
2021 meeting and recommends the Board approve the scope of work as
written and direct staff to solicit for the work. (Water and Resource
Conservation)
ACTION REQUESTED - PROVIDE DIRECTION TO STAFF ON THE SCOPE OF
WORK FOR THE DROUGHT IMPACTS ANALYSIS STUDY
Staff Report
Page 25 of 36
Dr. Christina Buck, Assistant Director Water and Resource
Conservation, presented this item to the Board.
The following member(s) of the public submitted public comment on
this item: Tasha Levinson.
Provided direction to staff on the scope of work for the drought
impacts analysis study.
4.12 Items Removed from the Consent Agenda for Board Consideration and
Action
3.13 Contract with David Canton D.O., M.P.H, J.D. to Serve as the
Interim Health Officer
David Canton, D.O., M.P.H., J.D. has agreed to serve as the
Interim Health Officer for Butte County. Per California Health and
Safety Code Section 10100, "Each board of supervisors shall
appoint a health officer who is a county officer." Dr. Canton will
perform the duties of the Health Officer, such as but not limited
to, providing consultation on communicable diseases, reviewing
and approving medical protocols utilized in the Department of
Public Health, directing the issuance and recordation of birth and
death certificates, and acting as a medical and public health
consultant to the Board of Supervisors and a variety of other
agencies and individuals, such as hospitals, schools, and
physicians. The Department recommends appointing David
Canton, D.O., M.P.H., J.D. as Interim Health Officer and entering
into a contract with Dr. Canton for those services. The term of
the agreement is October 1, 2021 through March 31, 2022, not
to exceed $24,999.00. (Public Health)
ACTION REQUESTED - 1) APPOINT DAVID CANTON, D.O., M.P.H.,
J.D. AS INTERIM HEALTH OFFICER; AND 2) APPROVE CONTRACT
AND AUTHORIZE CHAIR TO SIGN
Staff Report
Item 3.13: Speaker(s): Andy Pickett, Director Butte County
Administration.
The following member(s) of the public submitted public comment on
this item: Julie Threet (electronic), Cynthia J. (electronic), Rachel
Robinson (electronic), Diana Dreiss (electronic), Michelle Gibbel
(electronic).
Page 26 of 36
Motion: Move to approve the Interim Health Officer David Canton
D. 0., M.P.Hj.D.
Motion moved by Supervisor Ritter; Seconded by Supervisor
Kimmelshue.
Motion passed unanimously.
5. PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:15AM - Timed Item - Indoor Mask Mandate
Since the beginning of the pandemic, Butte County has followed the
State's requirements for mitigation and response for COVID-19 rather
than implementing local orders. The State has not re -instituted an indoor
face covering requirement during the most recent surge of cases and
hospitalizations. As a result, some community members and business
owners have requested that Butte County issue a local health order
requiring face coverings to be worn when indoors regardless of
vaccination status. Several other counties in California have
implemented such an order. Several factors should be considered in
determining whether an order requiring face coverings should be issued.
However, the two primary considerations are: 1) Wearing a face covering
offers protection against the COVID-19 virus for individuals and the
community. Depending on the type of face covering worn, it can provide
protection for the individual wearing it and/or for those around the
individual. This is particularly important when a virus, such as COVID-19,
can be transmitted unknowingly by someone who is asymptomatic. 2)
Enforcement of such an order within Butte County would be difficult, if
not impossible. Ultimately, the enforcement would have to be left up to
operators, managers, or owners of each indoor location or crowded
outdoor location. A mandate could create significant conflict between
those who choose to wear face coverings and those who do not. The
Department of Public Health seeks Board direction on this issue. It
should be noted that the discretion to issue a local health order
ultimately lies within the Public Health Officer. (Public Health)
ACTION REQUESTED - PROVIDE DIRECTION TO STAFF
Staff Report
Public Comment Packet
Page 27 of 36
Andy Pickett, Chief Administrative Officer, presented this item to the
Board.
Supervisor(s) Lucero, Supervisor Teeter, Supervisor Kimmelshue,
Supervisor Ritter and Chair Connelly spoke on this item.
The following member(s) of the public submitted public comment on
this ite: Naomi Beckman (WebEx), Melody Prepstal (WebEx), David
Welch (WebEx), Jessica North (electronic), Tamara Landrum
(electronic), Dustin Vargas (electronic), Paula Warren (electronic), Caryl
Brown (electronic), Sarah Onofrio (electronic), Bonnie McIntyre
(electronic), Kendra Farias (electronic), Susan Kirk (electronic), Jaime
Happ (electronic), Brain Milco (electronic), Charles Lynn (electronic),
Tamie Beach (electronic), Misty Valencia (electronic), Paula Garcia
(electronic), Melissa Ly (electronic), Carrie Vanella (electronic), Susan
Carlisle (electronic), Skye Li (electronic), Catherine Posey (electronic),
Elizabeth Carter (electronic), Barbara Morris (electronic), Jeff Downey
(electronic), Veronica Graves (electronic), Antoinette Peppier
(electronic), Jenna Duckhorn (electronic), Julie Castaneda (electronic),
Jonas Herzog (electronic), Tarace Lea (electronic), Stephanie Giacovelli
(electronic), Christina Feather (electronic), Gina Bax (electronic), Jessica
Montgomery (electronic), Jamie Garner (electronic), Rebecca Milco
(electronic), Taylor Skinner (electronic), Rebecca Miller (electronic),
Cheryl Downey (electronic), Korbe Palmer (electronic), Carrie Krueger
(electronic), Sibyl Cardoza (electronic), Cynthia J. (electronic), Aimee
Martinez (electronic), Jessica Bender (electronic), Faun Witten
(electronic), Cynthia Muskin (electronic), John Lake (electronic), Rachel
Robinson (electronic), Loree Monroe (electronic), Diana Dreiss
(electronic), Sarah Blakeslee (electronic), A. Alexander (electronic),
Alan Mittman (electronic), Ambur Rozok (electronic), Annie Edwards
(electronic), Barbara Swier (electronic), Bethany Pinegar (electronic),
Bonnie Frazier (electronic), Briana Patterson (electronic), Brook
Thorlaksson (electronic), Caitlin Lawson (electronic), Caryl Brown
(electronic), Cathy Hudin (electronic), Charles Lynn (electronic),
Charlotte Rainwater (electronic), Christina Lynn (electronic), Corinne
Miller (electronic), Dana Silva -Briggs (electronic), David Gallo
(electronic), David Gaskill (electronic), Emily Gallo (electronic), Forrest
Hartman (electronic), George Fredson (electronic), Gina Bax
(electronic), Jaime Lopez (electronic), Jeanine Salakar (electronic), Jed
Walton (electronic), Jeffrey Cooper (electronic), Jeffrey Obser
(electronic), Jennifer Kasza (electronic), Jeremy Miller (electronic), Jill
David (electronic), Jill Menditto (electronic), Joyce Bond (electronic),
Karen Aronson (electronic), Kathy Powers (electronic), Kellie Lavin
(electronic), Kimberlee Candela (electronic), Laurel Yorks (electronic),
Lauren Scarborough (electronic), Leasa Torgerson (electronic), Amy
Gordon (electronic), Leslie Rasmussen (electronic), Linda Morrison
(electronic), Lorraine Smith (electronic), Lynette & Tony Stagnaro
Page 28 of 36
(electronic), Michael O'Connell (electronic), Nancy Evens (electronic),
Paula Berg (electronic), Richard Walton (electronic), Robert Siderine
(electronic), S. Bianco (electronic), Sally Miller (electronic), Sarah
Peterson (electronic), Sascha Anya (electronic), Stevi Mittman
(electronic), Sue Good (electronic), Tami Donnelson (electronic), Tony
Slocum (electronic), Valerie Meza (electronic), Veronica Wilson
(electronic), Mark Chang (electronic).
Accepted Information.
5.02 11:00AM - Timed Item - Itemized Costs and Penalties Related to
Nuisance Abatement to Record a Lien and Impose a Special Assessment
On August 14, 2020, a Hearing Officer declared a public nuisance existed
on the property listed under Butte County Code Chapter 32A - Property
Maintenance and Abatement of Nuisances. This hearing has been
scheduled to authorize the Board of Supervisors to record a lien and
special assessment to recover the County's costs for Code Enforcement
Case Numbers CE19-00753 at 14988 Nimshew Rd, Magalia, California
(APN 065-500-030) in the amount of $16,784.94. (Development Services)
ACTION REQUESTED - APPROVE THE PROPOSED LIEN AND SPECIAL
ASSESSMENT IN THE AMOUNT OF $16,784.94
Staff Report
Chris Jellison, Code Enforcement Division Manager, presented this item
to the Board.
The following member(s) of the public submitted public comment on
this item: Chris, Unknown gentleman (neighbor) and John Miller
George.
Motion: Approve the proposed lien and special assessment in the
amount of $16,784.94.
Motion moved by Supervisor Teeter; Seconded by Supervisor
Kimmelshue.
Motion passed unanimously.
5.03 11:15AM -Timed Item - Butte Countv 2021 Redistrictine Update
Redistricting Partners, the consultants hired to manage the 2021
redistricting process in Butte County, will provide an update on the final
Page 29 of 36
census data, released by the State on September 20, 2021. In addition -
community input will be taken and additional direction will be given
from the Board for draft maps which will be presented on October 12,
2021. (County Administration)
ACTION REQUESTED - PROVIDE DIRECTION TO CONSULTANTS
Staff Report
Brian Ring, Assistant Chief Administrative Officer and Chris Chaffee,
Consultant with Redistricting Partners, presented this item to the
Board.
The following member(s) of the public submitted public comment on
this item: John Stonebreaker.
Direction provided to consultants.
5.04 1:30PM - Timed Item - Appeal of Planning Commission's Approval of
Tentative Parcel Map TPM19-0007
The Butte County Farm Bureau (Appellant) filed an appeal of the
Planning Commission's July 22, 2021, approval of Tentative Parcel Map
TPM19-0007 (Michael and Leslie Mann) and the Agriculture Buffer
Unusual Circumstances Review and Exception Request. The application
seeks to subdivide 6.9 acres into three (3) new parcels of 3.45 acres
(Parcel 1), 2.35 acres (Parcel 2), and 1 -acre (Parcel 3). The project site is
located at 4114 Keefer Road, one mile east from State Highway 99 and
two miles north of the City of Chico. The project site consists of two
existing developed parcels of 2.5 and 4.4 acres, which will be
reconfigured to create a 1 -acre vacant parcel (Parcel 3). The Agriculture
Buffer Unusual Circumstances Review and Exception Request proposes
to reduce the 300 -foot Agricultural Buffer from the northern property
line of Parcel 3 to approximately 141 feet, thereby allowing future
residential development on the southern 70 feet of Parcel 3.
(Development Services)
ACTION REQUESTED - ADOPT A RESOLUTION UPHOLDING THE APPEAL
AND DENYING TENTATIVE PARCEL MAP (TPM19-0007), DENYING THE
AGRICULTURAL BUFFER UNUSUAL CIRCUMSTANCE EXCEPTION REQUEST
AND AUTHORIZE THE CHAIR TO SIGN; OR ADOPT A RESOLUTION
DENYING THE APPEAL AND UPHOLDING THE PLANNING COMMISSION'S
APPROVAL OF TENTATIVE PARCEL MAP (TPM19-0007), APPROVING THE
AGRICULTURAL BUFFER UNUSUAL CIRCUMSTANCE EXCEPTION REQUEST,
AND CERTIFYING THE MITIGATED NEGATIVE DECLARATION, AND
/_lIJII:Eel NrAMIa; tya_lII'M 033Eel 01
Page 30 of 36
Staff Report
Resolution 21-149
Public Comment Packet
Paula Daneluk, Director of Development Services, Roland Hickel,
Development Services Project Planner, Louie Mendoza, Agricultural
Commissioner, presented this item to the Board.
The following member(s) of the public submitted public comment on
this item: Mike (electronic), Larry Lowe (electronic), Lauren McSwain
(electronic), Appellant - Michael Mann (electronic), Tony S. Guy
(electronic) and Richard Harriman.
Motion: Uphold appeal and refund Mr. Man all the funds paid.
Motion moved by Supervisor Kimmelshue; Seconded by Supervisor
Lucero.
Motion passed: 3-1-1
Ayes: Supervisors Lucero, Teeter and Kimmelshue
Nays: Chair Connelly
Absent: Supervisor Ritter
5.05 2:OOPM - Timed Item - Resolution Denying the Appeal and Denying the
Tentative Parcel Map TMP19-0002
George Nicolaus (Appellant) filed an appeal of the Planning
Commission's May 20, 2021, denial (2-2 vote) of Tentative Parcel Map
TPM19-0002 (Nicolaus). The proposed Tentative Parcel Map was to
divide 52.72 acres into four parcels (three at 1.01 acres and one at 1.19
acres) and a 48.5 acre remainder parcel with frontage/access on
Magness Court, a county -maintained road and a private road, accessed
from Anjou Court. An Initial Study and Mitigated Negative Declaration
have been prepared in accordance with the California Environmental
Quality Act (CEQA) Guidelines. The project parcels are located on the
east side of State Highway 99 and west of the Autumn Park Subdivision,
approximately 2,000 feet north of Wilson Landing Road, north and west
of Chico. Assessor Parcel Numbers: 047-260-199 and 047-260-197. The
Board of Supervisors conducted a hearing on July 20, 2021 on the appeal
and made a motion of intent for denial of the project. The Department
of Development Services and the Department of Public Works present
the resolution denying the appeal and denying Tentative Parcel Map
Page 31 of 36
TPM19-0002 following the motion of intent by the Board of Supervisors.
(Development Services)
ACTION REQUESTED - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN
Staff Report
Public Comment Packet
The following member(s) of the public submitted public comment on
this item: Allen Harthorn (electronic), Marilyn Reese, George Nicholas
and Hank Wallace.
Left this item (5.05) open until November 9th 2021 at 1:30p.m.
5.06 2:15PM - Timed Item - Comment Letter to LAFCo on an Application to
Form the Tuscan Water District
The Butte Local Agency Formation Commission (LAFCo) received an
application for the formation of a California Water District (Water Code
34000) which is a landowner voter district, initiated through a landowner
petition and to be called the Tuscan Water District (TWD). The complete
TWD formation application can be found online at:
https://www.buttelafco.org/announcements. Butte LAFCo issued a
notice to local agencies and the public seeking comments and
recommendations. Staff from Butte County Departments reviewed the
application and provided responses to LAFCo comment forms. In
addition, Butte LAFCo requested the Water Commission and the Board
of Supervisors consider the four questions below and provide a
response. 1) What effect, if any, will this proposal have on the operations
and functions of your agency? 2) Does your agency believe the formation
of the proposed TWD will help or hinder the overall management of
surface irrigation water and groundwater resources within Butte County
and the region? 3) Should the TWD be approved and formed, would your
agency be willing to enter into cooperative agreements or studies with
the TWD to examine methods of maintaining or enhancing local
groundwater supplies? 4) Would you agree or disagree, that the
proposed formation of the TWD would be a threat to the overall
agricultural water supply in Butte County? The Butte County Water
Commission considered the TWD application at its August 4, 2021 and
September 1, 2021 meetings and heard public comment. The Water
Commission voted 6-3 to recommend the Board support the formation
of TWD with two conditions and respond to the four questions listed
above with Option A of the framework considered by the Commission.
The Water & Resource Conservation Department recommends
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submitting the comment forms completed by County departments as
presented with this agenda item. Additionally, the Department
recommends LAFCo align the western boundary of the TWD with the
Butte -Glenn County boundary consistent with the Vina subbasin
boundary. (Water and Resource Conservation)
ACTION REQUESTED - APPROVE LETTER AND AUTHORIZE THE CHAIR TO
SIGN; AND APPROVE SUBMISSION OF DEPARTMENT COMMENT FORMS
TO BUTTE LAFCO
Staff Report
Public Comment Packet
Speaker(s): Christina Buck, Assistant Director of Water & Resources
Conservation, Tovi Geasintaner, Spokesperson for Tuscan Water
District, Supervisor Lucero, Teeter and Chair Connelly.
The following member(s) of the public submitted public comment on
this item: Maggie (WebEx), Ann Bykerk-Kauffman (WebEx), Carol
Huntsicker (WebEx), David Guy (WebEx), Jeffod (WebEx),
Anonymous (WebEx), John Frehse (electronic), Charlotte DeWitt
(electronic), Gary Nordstrom (electronic), Theresa Juelch (electronic),
Jared Geiser (electronic), Wendy Smith (electronic), Eric Nilsson
(electronic), Maggie Scarpa (electronic), Dana Lee (electronic), Jon
Hooper (electronic), Davin Arvonen 9electronic), Keith Barrett
(electronic), Nicolai Larsen (electronic), Carol Marion Larsen Hunziker
(electronic), Mike Crump (electroinc), Jessica Bender (electronic), Susan
Schrader (electronic), Debra Lucero (electronic), Peter Peterson
(electronic), Wendy Smith (electronic), Addison Winslow (electronic),
Aimee Raymond (electronic), Ann Schulte (electronic), Dr. Al
Schademan (electronic), Stephanie & Alan Mittman (electronic), Alicia
Springer (electronic), Amber Ruz (electronic), Autum Thomas
(electronic), Amy & John Hasle (electronic), Anne Stephens (electronic),
Annette Faurote (electronic), 5307812665 (electronic), Anthony Porter
(electronic), Ariana Gehrig (electronic), Alan Mittman (electronic), Jerry
Schacht (electronic), Barbara Roberts (electronic), Debra Lucero
(electronic), Barbara Steinberg (electronic), Lisa O'Donnell (electronic),
Beverly Stambaugh (electronic), Blake Ellis (electronic), Bonnie Chiros
(electronic), Brooks Thorlaksson (electronic), Butte Environmental
Council (electronic), Butte Water Watch (electronic), Carla Resnick
(electronic), Caroline Arnold (electronic), Caryl Brown (electronic),
Chelsea Barron (electronic), Cheryl Juhl (electronic), Chris Nelson
(electronic), Carol Sprague (electronic), Dale Rudesill (electronic), Dana
Lee (electronic), Danielle Cresswell (electronic), William Link
(electronic), David Fuhs (electronic), David Gaskill (electronic), David
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Potter (electronic), Debra -Lou Hoffmann (electronic), Diana Dejesus
(electronic), Don Miller (electronic), Lynne Elhardt (electronic), Erin
Whitney (electronic), Ernie Washington (electronic), Geoffrey Fricker
(electronic), Glen Orcutt (electronic), James McCabe (electronic), Grace
Marvin (eletronic), Grace Puterbaugh (electronic), Harvey Nelson
(electronic), Holly Nielsen (electronic), Jill Lacefield (electronic), Jana
Faith (electronic), Jeff & Janet Ford (electronic), Jeanette Alosi
(electronic), Jeanne Ertle (elecronic), Jeanne Schademan (electronic),
Jeffrey Obser (electronic), Jennifer Kasza (electronic), Jeri Heiser
(electronic), Jim Brobeck (electronic), Joanne Reid (electronic), Joe
Gleason (electronic), John Price (electronic), Jon Luvaas (electronic),
Julia Roth (electronic), Julian Zener (electronic), Kathy Brazil
(electronic), Kathleen Faith (electronic), Kathy Nissan (electronic), Kyle
Willman (electronic), Leslie Howard (electronic), Lisa Holeman
(electronic), Luisa Garza (electronic), Maggie Scarpa (electronic),
Marcie Ligammari (electronic), Margo Lund (electronic), Mharia Ross -
Walcott (electronic), Dr. Maris Thompson (electronic), Mark & Patricia
Reinhart (electronic), Marty Dunlap (electronic), Mary Kay Benson
(electronic), Grace Marvin & Julian Zener (electronic), Mike Cassetta
(electronic), Michael Cobbold (electronic), Michael Magliari
(electronic), Mike Marvier (electronic), Nancy Evens (electronic), Nate
Daly (electronic), Norma Wilcox & Forest Harlan (electronic), Pam
Stoessor (electronic), Patricia Puterbaugh (electronic), Patricia Sagers
(electronic), Paul Friedlander (electronic), Peg Howard (electronic),
Renee Renaud (electronic), Reta Rickmers & Jami Albertie (electronic),
Richard Harriman (electronic), Ronald Dejesus (electronic), Rosemary
McKeever (electronic), S. Bianco (electronic), Sandee Renault
(electronic), Sarah Salisbury (electronic), Scott Gunderson (electronic),
Steve Zlotowski (electronic), Sue Good (electronic), Susan Sarnoff
(electronic), Susan Schrader (electronic), Susan Sullivan (electronic),
Susan Tchudi (electronic), Suzette Welch (electronic), Tanha Luvaas
(electronic), Thelda Eli (electronic), Kathleen Faith (electronic), Trudy
Wischemann (electronic), Ty Mendoza (electronic), Valerie Meza
(electronic), Vita Segalla (electronic), William Link (electronic), Denise
Saxton (electronic), Dan Huff less, Bonita Malone, William Bynam, Mary
Kay Benson, Dave Garcia, Amy Raymond, Rich McGowan, Mark Pierce,
Andrew Mendonca, Steve Cohan, Katlyn Dobby, Nadine Bailey, James
Strong, John Knock, Colleen Sisel, Daren Rice, Ed Mcglockland, Toby
Gisantanner, Lee Herringer, Randy Molad, Samantha Lewis, Richard
Harriman, Mark Curns, Lynn Haskle, Marty Dunlap, Julie Heath, Jim
McCabe, Bill Monroe, Tasha Levinsein, John Scott, Les Herringer, Eric
Wright, Emily Alma, Paula Busch, Blake Ellis, Pam Stosur,
Gerald DeMahoud, Susan Trader, Sala LaDono, Braden Pisani, Joe
Gleeson, Jesica Gianola, Grace Marvin, Kathleen Needer, Chris Nelson,
Eric Chizler, Francine Stooknathol, Mauricio Shrider, Linda Draper,
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Pricilla Hanford, Stevin Stayer, Bruce McGowan, Bryan Murry and Shari
Hopper.
Motion: Recommend Tuscan Water District to LAFCO through a letter
and include all conditions that Butte County Water Commission
recommended and questions brought up by staff.
Motion moved by Supervisor Kimmelshue; Seconded by Supervisor
Teeter.
Motion passed 3-1-1.
Ayes: Supervisors Kimmelshue, Teeter and Chair Connelly
Nays: Supervisor Lucero
Absent: Supervisor Ritter
6. BOARD OF SUPERVISORS CLOSED SESSION
6.01 Public Employee Employment, Appointment, Recruitment,
Performance Evaluations, Including Goals, Pursuant to Government
Code Section 54957:
A. Agricultural Commissioner
B. Behavioral Health Director
C. Chief Administrative Officer
D. Chief Probation Officer
E. Child Support Services Director
F. County Counsel
G. Development Services Director
H. Employment and Social Services Director
I. Human Resources Director
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J. Information Services Director
K. Library Director
L. Public Health Director
M. Public Works Director
N. Water and Resources Conservation Director
6.02 Actual Litigation Pursuant to Gov. Code Sec. 54956.9 (d) (1) — 2 cases
A. Joana Ramirez Regalado et al. v. County of Butte et al.; Butte
County Superior Court Case No: 20CV00851
B. Bobby Stewart v. Butte County; Workers' Compensation
Appeals Board Case No. ADJ11514396 (Claim Number: BAUP-
550714).
Public Comment Packet
The following member(s) of the public submitted public comment for
item 6.02: Diana Dreiss (electronic).
Comments to the Board on issues and items not listed on the agenda. Presentations will
be limited to three minutes. Please note that pursuant to California State law, the
Board of Supervisors is prohibited from taking action on any item not listed on the
agenda.
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meeting Meetings are generally held the second and fourth Tuesday of each month. Meetings start at
Information: 9:00 a.m. and are held in the Board of Supervisors Chambers, County Administration Building, 25
County Center Drive, Oroville. At the end of each year the Board adopts a meeting schedule for
the upcoming year. Meeting dates can be changed as a result of holidays or other events so
please check the meeting calendar to be certain. Copies of the adopted meeting calendar for the
year are available in the County Administrative Office or at the Clerk of the Board website at
www.buttecounty.net/cob.
Agenda The agenda for every meeting of the Board is posted in front of the County Administration
Information: 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
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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 Administrative Office upon request. An (*) appearing before an agenda item
signifies that material has been provided to the Board of Supervisors members to explain that
item.
Agenda The agenda is usually organized into the following areas and meetings generally proceed in the
Format and following order:
Meeting 1. Consent Agenda: these are items that are considered routine and are handled by one
Order: motion and vote of the Board. If you wish to discuss any item on the Consent Agenda you
can either fill out a speaker card (located in the back of the board room) and give it to the
Clerk of the Board (sitting to the right of the Board) or, when the Chair asks if there is
anything anyone would like to remove from the Consent Agenda, stand and approach the
podium and request the item be removed. The removed items are discussed at the end of
the Regular Agenda.
2. Regular Agenda: this is where presentations to the Board and items that require full
discussion are heard. Items removed from the Consent Agenda are discussed under this
section.
3. Public Hearing and Timed Items: this is where items that are required by law to be heard
as a public hearing are set. This is the section where appeals before the Board are usually
discussed. Hearings may start after the time listed, but will never start before the time
listed.
4. Public Comment: this is the area of the agenda where members of the audience may
address the Board on any matter not listed on the agenda. The Board, by law, cannot take
action on any matter not listed on the agenda, but may respond to statements or
questions and provide staff direction.
5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain
circumstances. This area of the agenda identifies those items that will be discussed during
the closed session.
Public It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings
Participation: 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 citizens.
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.
ATTEST:
Andy Pickett, Chief Administrative Officer and Clerk of
the Board
Deputy
For further information contact the:
Clerk of the Board of Supervisors
County Administrative Office
25 County Center Drive, Oroville, CA 95965
530.552.3300
www.buttecounty.net/cob
Bill Connelly, Chair
Butte County Board of Supervisors