HomeMy WebLinkAboutA080823BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - AUGUST 8, 2023
BUTTE COUNTY
BOARD OF SUPERVISORS
REGULAR MEETING AGENDA
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
PETER DURFEE, DISTRICT 2
TAM RITTER, DISTRICT
TOD KIMMELSHUE, DISTRICT
DOUG TEETER, DISTRICT 5
BRAD STEPHENS, 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 the 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.
2A. CORRECTIONS AND/OR CHANGES TO THE AGENDA
2B. ANNOUNCEMENT(S) OF RECUSAL
3. CONSENT AGENDA
A. Supervisor Comments on Consent Agenda Items
B. Adopt Consent Agenda
3.01 Resolution Recognizing 2023 as the 30th Anniversary of Habitat for Humanity of Butte County
Habitat - Habitat began its affordable homeownership housing efforts in 1993, and has, with its
programs, prospective home owners, donors, and volunteers, built 48 energy efficient homes, 13
of those since the Camp Fire. Habitat has served 63 adults who raised 94 children in homes they
can afford and thrive in, many of whom pledged their labor and commitment to building and
maintaining those homes. Additionally, Habitat's Restore has generated over $1 million in net
proceeds to support the mission of building affordable homes for home ownership in Butte
County. On July 19, 2023, Assemblyman James Gallagher announced he secured $1M in the state
budget to support Habitat, specifically two affordable housing projects in Chico and Paradise to
help rebuild and revitalize our communities. Butte County Administration recommends Habitat
be recognized and appreciated for 30 years of service to our community who, along with the
Restore and thousands of business and community members, continues to make invaluable
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contributions to improve the quality and character of our county— action requested —ADOPT THE
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
3.02 Contract with Russell Gallaway Associates, Inc. (RGA) for Feasibility Studies for the Community
Development Block Grant -Disaster Recovery (CDBG-DR) Infrastructure Program (INF) - The
Department of Housing and Urban Development allocated $1 billion in CDBG-DR funding related
to two 2018 Federal Emergency Management Agency Major Disaster Declarations. The California
Department of Housing and Community Development (HCD) is the grantee for the CDBG-DR
funds. HCD allocated Butte County $72,722,679 for DR -Infrastructure projects. The Master
Standard Agreement (MSA), 18-DRINFRA 180001, was signed on June 21, 2023. On October 25,
2022, the Board of Supervisors approved Resolution No. 22-155 authorizing staff to execute and
deliver all project applications under the MSA. These projects may include roads, facilities, and
sewage treatment facility improvements. In preparation to submit the applications under the
MSA, feasibility studies are needed for the facilities projects. A Request for Proposals for
Feasibility Studies was issued on April 26, 2023, and the County received proposals from The Dore
Group of San Diego and RGA of Chico. The selection committee comprised of representatives from
the Department of General Services, Behavioral Health and County Administration selected RGA
as the most qualified respondent. County Administration recommends entering into a contract
with RGA for feasibility studies. The term of the contract is August 8, 2023 through February 8,
2025, not -to -exceed $63,840 — action requested — APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN. (County Administration/General Services)
3.03 Resolution Proclaiming August 2023 as Child Support Awareness Month - Children who are
supported by their parents are more likely to perform better in school, have improved emotional
development, and a stable home life. Governor Newsom has shown his support for this important
cause by issuing a letter celebrating August 2023 as Child Support Awareness Month. To help
celebrate, the Butte County Department of Child Support Services is recommending that the
Board of Supervisors adopt a resolution proclaiming August 2023 as Child Support Awareness
Month in Butte County. This resolution encourages parents to come into the Department and
work with staff to explore options for modification of orders if needed, repayments plans, license
releases, employment resources, or to determine if they qualify for a compromise of an overdue
balance — action requested — ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Child
Support Services)
3.04 Agreement and Certification with United States Department of Justice (DOJ) for Federal Equitable
Sharing Program - The District Attorney's Office participates in the Federal Equitable Sharing
Program. The DOJ Asset Forfeiture Program is a nationwide law enforcement initiative that
removes the tools of crime from criminal organizations, deprives wrongdoers of the proceeds of
the crimes, recovers property that may be used to compensate victims, and deters crime. An
Equitable Sharing Agreement and Certification is required annually to be filed with the DOJ. The
report for Fiscal Year 2022-23 has been prepared and summarizes program expenditures and
revenues. In FY 2022-23 the Department received $3,404 and $92,264 was expended to maintain
computer software for the Department's case management system. The Department
recommends that the Board of Supervisors approve the Equitable Sharing Agreement and
certification, authorize the Chair to sign and authorize electronic submission — action requested —
1) APPROVE THE EQUITABLE SHARING AGREEMENT AND CERTIFICATION AND AUTHORIZE THE
CHAIR TO SIGN; AND 2) AUTHORIZE ELECTRONIC SUBMISSION. (District Attorney)
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3.05 Real Estate Fraud Annual Report for FY 2022-23 - Pursuant to Government Code section 27388,
and Board of Supervisors Resolution 08-156, a fee is paid at the time of recording certain real
estate documents for the purpose of providing funds for the District Attorney to deter,
investigate, and prosecute real estate fraud through the Real Estate Fraud Investigation and
Prosecution Program. In accordance with annual reporting requirements, the District Attorney's
Office submits its annual report to the Board regarding the effectiveness of the Real Estate Fraud
Investigation and Prosecution Program — action requested — ACCEPT FOR INFORMATION. (District
Attorney)
3.06 Budget Adjustment and Revenue Agreement with Business, Consumer Services and Housing
ARencv (BCSH) for Encampment Resolution Funding Program Round 2. Rolling Disbursement (ERF -
2 -R) -The State of California, through BCSH, administers the ERF -2-R program for people residing
in encampments. The Department of Employment and Social Services was awarded ERF -2-R funds
to permanently house encampment residents of two identified encampments through rental
assistance and outreach support. BCSH awarded a total of $1,075,300 to be expended by March
31, 2027. A majority of funds will be used for permanent housing and supports as well as
personnel costs. The Department is working alongside the Departments of Behavioral Health,
Development Services, Probation, and the Sheriff's Office to support the unsheltered homeless
residing in these encampments. The Department recommends the Board of Supervisors approve
a revenue agreement with BCSH for ERF -2-R funds and authorize the Director of Employment and
Social Services to sign all related documents. The term for the agreement is upon BCSH approval
through March 31, 2027 and the maximum amount receivable of $707,950. Additionally, the
Department recommends the Board adopt a resolution amending the Salary Ordinance to add
one sunset Housing Navigator, term ending August 31, 2025, and approve a budget adjustment —
action requested — 1) APPROVE REVENUE AGREEMENT AND AUTHORIZE THE DIRECTOR OF
EMPLOYMENT AND SOCIAL SERVICES TO SIGN ALL RELATED DOCUMENTS; 2) ADOPT RESOLUTION
AMENDING THE SALARY ORDINANCE AND AUTHORIZE CHAIR TO SIGN; AND 3) APPROVE BUDGET
ADJUSTMENT (4/5 VOTE REQUIRED). (Employment and Social Services)
3.07 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 term of the agreement is
July 1, 2023 through June 30, 2024 with a maximum payable amount of $19,050,811 included
within the adopted budget — action requested — 1) ADOPT RESOLUTION AND AUTHORIZE CHAIR
TO SIGN; AND 2) APPROVE COOPERATIVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN. (Fire)
3.08 Change Order Ratifications and Notice of Completion for the Butte County Evidence Storage and
Morgue Project - On October 27, 2020, the Board of Supervisors awarded a contract to D.H. Slater
& Son, Inc. in the amount of $7,298,000 for the construction of a 10,480 square foot Evidence
Storage and Morgue (ESM) facility. The overall project budget of $14 million is made up of $12
million in debt financing from (Bank and $2 million in cash injection. The County's loan repayment
sources include Criminal Justice Facilities Construction Fund, Sheriff Facilities Development
Impact Fees and the Sheriff's Office Operating Budget. On September 28, 2021, the Board
reviewed the project budget, the construction change orders #1-32 and approved change order
#33 for $1,817,725. Change order #33 allowed for the constructions of a secondary evidence
storage area including an 8,000 square foot building and 5,000 square feet of secure exterior
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storage as part of the ESM Project. Through the remainder of construction, the Department of
General Services has executed change orders #1 through #32 and #34 through #88 totaling
$908,566 to complete the project. The work has been inspected and approved by the
Departments of General Services and Development Services. The Department of General Services
recommends that the Board of Supervisors ratify change orders #1 through #32 and change orders
#34 through #88 that were previously executed by General Services, accept the work as complete
and execute the Notice of Completion — action requested — 1) RATIFY CHANGE ORDERS #1
THROUGH #32 AND #34 THROUGH #88; 2) ACCEPT THE CONTRACT WORK AS COMPLETE; AND 3)
AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION. (General Services/Sheriff)
3.09 Contract with Northern Valley Catholic Social Service (NVCSS) for Weekly Life Skills Interactive
Groups at Juvenile Detention Facility - NVCSS provides after school programs and activities to at -
risk youth and families of the Butte County Juvenile Hall, as well as the community, in an effort to
decrease crime and delinquency. Programs offered include weekly life skills interactive groups
which focus on a range of topics. These topics include, substance use and abuse; social
responsibility; cultural diversity; sex and health education; teen parenting and life skills; and drug
and alcohol education. NVCSS was founded in 1986 and provides more than 60 services over six
northern California counties; serving up to 100 children, 200 youth and 1,000 families each year.
NCVSS has collaborated with the Department and provided services since 2001. The Department
recommends the Board of Supervisors approve a contract with NVCSS for continued services. The
term of the contract is the date of execution through June 30, 2026, not -to -exceed $150,000
($50,000 per fiscal year) — action requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR
TO SIGN. (Probation)
3.10 Resolution approving Pine Grove Youth Conservation Camp (PGYCC) Services - PGYCC has
operated since 1945, providing rehabilitation and re-entry services to participants through
therapy, training and teamwork. The program is designed to help participants transition
successfully to the community upon discharge, with mentors and life coaches connecting with
participants through treatment programs that address childhood trauma using education,
individual mentorship, and group therapy. Services include housing, care and fire -fighting training
provided by CAL FIRE. PGYCC serves a maximum of 100 youth. CDCR jointly operates PGYCC and
it is the only youth fire -fighting camp. On June 27, 2023 the Board of Supervisors approved an
agreement with CDCR, to provide services to eligible participants. The term of the agreement is
June 27, 2023 through June 30, 2025, not -to -exceed $41,180. CDCR requires a Board Resolution
to execute the agreement. The Department recommends that the Board adopt a Resolution
approving Pine Grove Youth Conservation Camp services and authorize the Chair to sign — action
requested — ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Probation)
3.11 Grant Agreement with California Department of Public Health (CDPH) for Supplemental Nutrition
Assistance Program -Education (SNAP -Ed) through the CalFresh Healthy Living Program - The
Department of Public Health has received grant funding from CDPH to provide SNAP -Ed allowable
nutrition education and obesity prevention activities for low-income Butte County residents
through the CalFresh Healthy Living Program. The focus of the program is health promotion and
community change efforts to help eligible residents establish healthy eating habits and a
physically active lifestyle for primary prevention of disease. The Department has participated in
providing SNAP -Ed nutrition education and obesity prevention activities since 2012. The
Department recommends the Board of Supervisors approve a grant agreement with CDPH to
provide services through CalFresh Healthy Living Program. The term of the grant agreement is
October 1, 2023 through September 30, 2026, with a maximum amount receivable of $1,414,012
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—action requested —APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Public
Health)
3.12 Contract with VSS International for the Fiscal Year (FY) 2023-24 Pavement Preservation Project -
On February 14, 2023, the Board of Supervisors authorized the Department of Public Works to
advertise and solicit bids for the construction of projects included in the 2023 Public Works
Infrastructure Master Plan (IMP). The project will consist of various surface treatments on roads
throughout Butte County. Several minor changes are noted between the 2023 IMP and the
proposed contract. With several roads previously scheduled in 2023 unable to move forward this
year, the Department advanced portions of Palermo Road from 2026 into this year's program.
Several other roads - including roads in the Richvale community and portions of Durham Dayton
Highway at State Route 99 - were originally scheduled for completion in 2022 program but not
completed. The project was advertised on June 7, 2023, and the lowest responsive and
responsible bidder was VSS International of West Sacramento, California, with a bid amount of
$954,459. The Department recommends that the Board award the contract to VSS International
and authorize the Director of Public Works to sign the contract and order changes or additions in
work performed per Public Contract Code Section 20142 — action requested — 1) AWARD THE
CONTRACT TO VSS INTERNATIONAL; 2) APPROVE THE SPECIFICATIONS; AND 3) AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO SIGN THE CONTRACT AND ORDER CHANGES PER PUBLIC
CONTRACT CODE SECTION 20142. (Public Works)
3.13 Contract with the Butte Environmental Council for Public Outreach and Education Services for the
Neal Road Recycling and Waste Facility - On May 16, 2023, the Department of Public Works
released a Request for Proposals seeking public education and outreach services for education on
recycling, solid waste, and household hazardous waste management. The Department received
one response from a local non-profit organization, Butte Environmental Council (BEC) of Chico,
California. Upon conclusion of the review process, it is determined that BEC meets the
qualifications and experience to be awarded the project. BEC's work compliments the
Department's efforts in education and outreach on a wide range of recycling and waste reduction
subjects. Outreach will include in -classroom presentations at local schools and used oil recycling
education programs in high school auto shops. The Department recommends the Board of
Supervisors approve a contract with BEC for public education and outreach services. The contract
term is August 8, 2023, through August 8, 2028, not to exceed $150,000 — action requested —
APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
3.14 Capital Asset Purchase for a Forest Bucket Truck - The Department's FY 2023-24 budget included
capital asset authority for purchasing a forest bucket truck. The anticipated cost for the truck
increased from $153,100 to $191,904 since it was initially programmed in the budget. The
increased price exceeds the capital asset authority previously granted to the Department for the
purchase. The Department plans to remove the purchase of a $75,000 full size pick-up in FY 2023-
24 to offset the increased costs for the forest bucket truck. The Department recommends the
Board approve capital asset authority of $191,904 to purchase the forest bucket truck — action
requested —APPROVE CAPITAL ASSET PURCHASE. (Public Works)
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3.15 Accept Equipment Donation from Butte County Search and Rescue - Butte County Search and
Rescue recently acquired a 2010 Tucker 2000XL Sno-Cat (VIN 2010R394) with a value of $112,785
and would like to donate it to the Sheriff's Office. Search and Rescue will use the equipment to
assist the Sheriff's Office when responding to calls for service. The Sheriff's Office will assume the
cost to maintain and insure the equipment. The Sheriff's Office recommends accepting the
donation of the Sno-Cat as a capital asset — action requested — ACCEPT DONATION. (Sheriff)
4. REGULAR AGENDA
4.01 Boards, Commissions, and Committees
(List available at www.buttecounty.net/clerkoftheboard/appoinmentslist)
A. Appointments to Listed Vacancies
A. Appointment to the Oroville Cemetery District (District) - The District is an independent
special district of the State of California, formed under Health & Safety Code, by approval
of the Butte County Board of Supervisors in 1928 to provide a respectful, low-cost place
of burial to meet the needs of the diverse, local communities of Oroville, Palermo,
Thermalito, and the surrounding areas. The District owns and maintains the Memorial
Park Cemetery, the Oroville Cemetery, the Jewish Cemetery, and Wyandotte Cemetery.
The District is managed by five trustees appointed by the Board of Supervisors, who
serve four-year terms. Supervisor Connelly is requesting the reappointment of Mark
Wisterman to the Oroville Cemetery District with a term ending August 8, 2027 — action
requested — REAPPOINT MARK WISTERMAN TO THE OROVILLE CEMETERY DISTRICT
WITH A TERM ENDING AUGUST 8, 2027. (Other — Oroville Cemetery District)
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.
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, all
clients are required to participate in a comprehensive treatment program which includes a
medical evaluation and screening for diseases that are over 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 the Board of Supervisors approve
an agreement with Aegis to provide NRT services in the current fiscal year. The term of the
agreement is July 1, 2023 through June 30, 2024, not -to -exceed $2,416,047. The agreement
includes language to bridge the provision of services from July 1, 2023 until the execution of the
contract. The 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. This is a State -mandated service —
action requested — APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral
Health)
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4.04 Opioid Distributor Settlement and Spend Plan Proposal - In 2021, nationwide settlements were
reached to resolve opioid litigation brought by states and local political subdivisions against three
of the largest pharmaceutical distributors and against manufacturer Janssen Pharmaceuticals, Inc.
and its parent company Johnson & Johnson. The Distributors will pay up to $26 billion over 18
years. In 2022, states and local governments were provided the opportunity to "opt in." Currently,
Butte County is expected to receive approximately $1.3 million in year one and $1.8 million in
year two. Payment amounts for years 3-18 will be released annually, and are likely to be less than
the first two years. The settlement is structured to create an incentive for all entities that have a
claim to participate so that the settling companies can achieve final resolution of all claims. Due
to this structure, the payments in year one and year two are based on a 100% participation rate.
It is unlikely that 100% will actually be achieved, so future payments for years 3-18 will be reduced
to credit the expected initial overpayment. There are restrictions on how the Opioid settlement
funds may be spent, including restrictions that require no less than 50% of the funds be used for
one or more of the High Impact Abatement Areas developed by the State Department of Health
Care Services (DHCS). DHCS is the oversight entity for compliance with funding restrictions,
stakeholder engagement, and annual reporting. The Departments of Administration, Behavioral
Health, Public Health and the Sheriff's Office have prepared a presentation that will outline High
Impact Areas, approved uses and core strategies, and a proposed spend plan for Opioid
Settlement funding. The Departments recommend the Board of Supervisors approve the spend
plan and authorize the Director of Behavioral Health to submit the plan to DHCS — action
requested — APPROVE THE SPEND PROPOSAL FOR OPIOID SETTLEMENT AND AUTHORIZE THE
DIRECTOR OF BEHAVIORAL HEALTH TO DEVELOP AND SUBMIT A SPEND PLAN TO DHCS. (County
Administration/Behavioral Health/ Sheriff/Public Health)
4.05 Budget Adjustment with General Fund Appropriation for Contingencies - Reimbursement of North
Valley Animal Disaster Group Camp Fire Expenses - During the Camp Fire response the North
Valley Animal Disaster Group (NVADG) provided support to the County's animal sheltering
operations. Most work done during animal sheltering operations is eligible for FEMA
reimbursement. However, there must be policy in place and documentation of costs must be in
accordance with local policy. During the chaos of animal sheltering operations, NVADG operated
outside local policy while incurring eligible costs. Because these costs were not tracked by the
Emergency Operations Center, they did not get included in the FEMA reimbursement submittal.
After the full documentation was submitted by NVADG to the County, a combination of staffing
changes, COVID 19, and the North Complex Fire led to loss of the documentation. FEMA submittal
deadlines have passed and these costs are no longer eligible for federal reimbursement. The loss
of over $250,000 in expenses by NVADG has put the non-profit in a dire financial situation.
Because NVADG is a critical partner and has provided invaluable support during disasters in Butte
County, the Office of Emergency Management (OEM) has worked with NVADG to rebuild the
documentation package, determining that NVADG incurred $199,046 in eligible costs that were
directly related to their support of animal rescue operations for the Camp Fire. The Camp Fire was
an unprecedented event and actions taken were done with the best interest of the public in mind.
However, response to one disaster should not create another. OEM has worked with all involved
to ensure these actions are not repeated. Changes to policy have been made ensuring clear
delineation of responsibility, unequivocally stating expenses incurred outside of policy will not be
reimbursed. As the County has a new memorandum of understanding with NVADG outlining these
changes and clearly defining future expectations, OEM recommends the Board approve
reimbursement of $199,046 to NVADG in Camp Fire related costs from General Fund
Contingencies reducing the estimated General Fund Contingency to $8,094,544 — action
requested — APPROVE REIMBURSEMENT OF NVADG CAMP FIRE COSTS IN THE AMOUNT OF
$199,046 FROM THE GENERAL FUND CONTINGENCIES. (County Administration)
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4.06 CalPERS Health Termination Resolution for the Skilled Trades Unit — The majority of the
employees in the Skilled Trades Unit voted to terminate their membership with CalPERS Health
and affiliate with Teamsters Health Insurance. With this vote, CalPERS requires a resolution
terminating the unit from CalPERS health for the upcoming calendar year. This resolution needs
to be adopted by the Board of Supervisors no later than September 19th. Adopting this resolution
within CalPERS required timelines will allow these groups to have access to Teamsters health
insurance effective January 1, 2024 — action requested — ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN. (Human Resources)
4.07 CalPERS Health Termination Resolution for the Teamsters Mid -Management Unit - The majority
of the employees in the Teamsters Mid -Management Unit voted to terminate their membership
with CalPERS Health and move to Teamsters Health Insurance. With this vote, CalPERS requires a
resolution terminating the unit from CalPERS health for the upcoming calendar year. This
resolution needs to be adopted by the Board of Supervisors no later than September 19th.
Adopting this resolution within CalPERS required timelines will allow these groups to have access
to Teamsters health insurance effective January 1, 2024—action requested—ADOPT RESOLUTION
AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
4.08 Contract with Knife River Construction for the Forbestown Road Rehabilitation Project - On
February 14, 2023, the Board of Supervisors authorized the Department of Public Works to
advertise and solicit bids for the construction of projects included in the Public Works
Infrastructure Master Plan (IMP). The project will consist of removing damaged asphalt and
installing new asphalt on Forbestown Road from Old Olive Highway to Hurleton Swedes Flat Road.
The project was advertised on June 27, 2023, and of the four bids received, the lowest responsive
and responsible bidder was Knife River Construction of Chico, CA, with a bid amount of
$1,762,762. The Department recommends that the Board award the contract to Knife River
Construction and authorize the Director of Public Works to sign the contract and order changes
or additions in work performed per Public Contract Code Section 20142 — action requested — 1)
AWARD THE CONTRACT TO KNIFE RIVER CONSTRUCTION; AND 2) APPROVE THE PLANS AND
SPECIFICATIONS; AND 3) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN THE CONTRACT
AND ORDER CHANGES PER PUBLIC CONTRACT CODE SECTION 20142. (Public Works)
4.09 Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer
4.10 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.
4.11 Items Removed from the Consent Agenda for Board Consideration and Action
5. PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:00 AM — Timed Item — Amendments to Butte Countv Zoning Ordinance Chapter 24. Article IV
Division 1, Special Events Facilities - A County -initiated Zoning Code Amendment (ZCA23-0001) to
create a distinction between "small" and "large" special event facilities, instituting a separate
entitlement process, for each, and implementing new standards for the development of special
event facilities within the County's Agriculture Zones. Agriculture -specific amendments include an
increased 50 feet setback standard for all event facilities, a prohibition on building code
occupancy changes for agricultural buildings finaled within 5 years of the date of application, a 2 -
year moratorium on special event facility entitlement for operating venues without a permit, and
the allowance for the conversion of existing structures to special event facilities under certain
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circumstances. There is an additional recommended amendment restricting signage placement
to within the County Right of Way with an encroachment permit entitlement. The zoning code
amendment is exempt from environmental review pursuant to CEQA Guidelines Section
15061(b)(3), which exempts activities covered by the rule that CEQA applies only to projects with
the potential to cause a significant effect on the environment. On May 25, 2023, the Planning
Commission passed Resolution PC23-10 on a vote of 5-0 finding the proposed Zoning Code
Amendment exempt under section 15061(b)(3) of the California Environmental Quality Act and
recommending adoption of Zoning Code Amendment ZCA23-0001 — action requested — 1) FIND
THE PROJECT IS EXEMPT FROM CEQA; AND 2) ADOPT THE ORDINANCE AMENDING CHAPTER 24,
ARTICLE IV, DIVISION 1, SPECIAL EVENTS FACILITIES, AND AUTHORIZE THE CHAIR TO SIGN.
(Development Services)
5.02 9:30AM — Timed Item — Resolution Renewing the Temoorary Closure of Countv Portions of
Humboldt Road to Vehicular Traffic Between Chico City Limits and State Route 32 — On June 23,
2020, at the joint recommendation of the Department of Public Works, the City of Chico, and the
Local Government Committee, and under California Vehicle Code section 21101.4, the Board of
Supervisors adopted a resolution closing the County -maintained portions of Humboldt Road to
vehicle traffic to discourage illegal activity. The road was officially closed to vehicle traffic by the
County and City on September 10, 2020. On May 24, 2022, the Board adopted a subsequent
resolution to continue the road closure through September 10, 2023. While Humboldt Road has
been closed to vehicles, other non -motorized traffic including bicyclists and pedestrians have
continued to recreate in the area. Additionally, since the road's closure in 2020, the Department
and other emergency first responders have maintained the authority to open the road to vehicle
traffic in an emergency. 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 18 months for up to eight
consecutive periods. The Department has seen minimal issues or complaints with the closure
since 2020. The Chico City Council is scheduled to consider the continuation of their temporary
closure of city portions of Humboldt Road to unauthorized vehicles at their September 5, 2023,
City Council meeting. To maintain consistency with the City of Chico and to continue to deter
illegal activity on Humboldt Road, the Department recommends renewing the temporary road
closure from September 10, 2023, through March 10, 2025. 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 CHAIR TO SIGN. (Public
Works)
5.03 10:30AM — Timed Item — Itemized Costs and Penalties Related to Nuisance Abatement to Record
a Lien and Impose a Special Assessment
A. Code Enforcement Case Number CE22-00770; 54 Feather Ridge Way, Berry Creek APN No. 061-
610-004 - On September 6, 2022 a Hearing Officer declared a public nuisance existed on the
property listed. This hearing has been scheduled to authorize the Board of Supervisors to record
a lien to recover the County's costs for Code Enforcement Case Number CE22-00770 at 54 Feather
Ridge Way, Berry Creek (Assessor's Parcel Number 061-610-004) in the amount of $85,880.38
($80,000.00 for penalties and $5,880.38 for cost recovery) — action requested — APPROVE THE
PROPOSED LIEN OF $80,000.00 AND A SPECIAL ASSESSMENT OF $5,880.38. (Development
Services)
Page 9
B. Code Enforcement Case Number CE21-01082: 0 Hoe Ranch Road. Concow APN No. 058-150-003
On October 19, 2022 a Hearing Officer declared a public nuisance existed on the property listed.
This hearing has been scheduled to authorize the Board of Supervisors to record a lien to recover
the County's costs for Code Enforcement Case Number CE21-01082 at 0 Hog Ranch Road, Concow
(Assessor's Parcel Number 058-150-003) in the amount of $78,992.65 ($69,000.00 for penalties
and $9,992.65 for cost recovery) — action requested — APPROVE THE PROPOSED LIEN OF
$69,000.00 AND A SPECIAL ASSESSMENT OF $9,992.65. (Development Services)
C. Code Enforcement Case Number CE22-00775: 1233 Encina Grande Road. Berry Creek APN No.
061-620-009 - On October 19, 2022 a Hearing Officer declared a public nuisance existed on the
property listed. This hearing has been scheduled to authorize the Board of Supervisors to record
a lien to recover the County's costs for Code Enforcement Case Number CE22-00775 at 1233
Encina Grande Road, Berry Creek (Assessor's Parcel Number 061-620-009) in the amount of
$27,935.64 ($22,000.00 for penalties and $5,935.64 for cost recovery) — action requested —
APPROVE THE PROPOSED LIEN OF $22,000.00 AND A SPECIAL ASSESSMENT OF $5,935.64.
(Development Services)
D. Code Enforcement Case Number CE22-00866; 201 Webster Road, Berry Creek APN No. 062-690-
027 - On October 5, 2022 a Hearing Officer declared a public nuisance existed on the property
listed. This hearing has been scheduled to authorize the Board of Supervisors to record a lien to
recover the County's costs for Code Enforcement Case Number CE22-00866 at 201 Webster Road,
Berry Creek (Assessor's Parcel Number 062-690-027) in the amount of $100,060.31 ($93,500.00
for penalties and $6,560.31 for cost recovery) — action requested — APPROVE THE PROPOSED LIEN
OF $93,500.00 AND A SPECIAL ASSESSMENT OF $6,560.31. (Development Services)
Code Enforcement Case Number CE22-00727; 0 Oregon Gulch Road, Oroville APN No. 041-300-
049 - On December 2, 2022 a Hearing Officer declared a public nuisance existed on the property
listed. This hearing has been scheduled to authorize the Board of Supervisors to record a lien to
recover the County's costs for Code Enforcement Case Number CE22-00727 at 0 Oregon Gulch
Road, Oroville (Assessor's Parcel Number 041-300-049) in the amount of $48,498.68 ($40,500.00
for penalties and $7,998.68 for cost recovery) — action requested — APPROVE THE PROPOSED LIEN
OF $40,500.00 AND A SPECIAL ASSESSMENT OF $7,998.68. (Development Services)
Page 10
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 Systems 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 Andy Pickett
Employee Organizations: Teamsters - General Unit; Teamsters - Social Services Workers'
Unit; Butte County Management Employees Association; Butte
County Probation Peace Officers Association; Butte County
Probation Peace Officers Association - Management Unit;
Butte County Professional Employees' Association; Butte
County Deputy Sheriff's Association - General Unit; Butte
County Deputy Sheriff's Association -
Management/Supervisory Unit; Butte County Correctional
Officers Association - General Unit; Butte County Correctional
Officers Association - Supervisory Unit; UPEC Local 792 - Skilled
Trades Unit; Butte County Deputy District Attorneys
Association - Attorney Unit; Confidential Unit; Non -
Represented Unit; Board of Supervisors Executive Assistants
6.03 Actual litigation pursuant to Gov. Code sec. 54956.9(d)(1) - four cases:
A. Lance Loper v. Butte County; Workers' Compensation Appeals Board Case No. ADJ17668160
B. Lance Loper v. Butte County; Workers' Compensation Appeals Board Case No. ADJ14850324
C. William Brewton v. Butte County; Workers' Compensation Appeals Board Case No. ADJ10553186
D. Jason Hail v. Butte County; Workers' Compensation Appeals Board Case No. ADJ16951109
6.04 Workers' compensation liability claim pursuant to Gov. Code Sec. 54956.95 (a) - one claim:
A. William Brewton; Workers' Compensation Claim, Claim Number: 4A1603WHHCS-0001
6.05 Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - one potential case:
A. See August 1, 2023 letter from the California Department of Justice
6.06 Real Property Negotiation Pursuant to Government Code Section 54956.8:
A. Property APN: 003-171-014-000
Agency Negotiator: Michael Hodson
Negotiating Party: Pat Kemeny Macias and Richard Macias, for Museum of Northern California
Art
Negotiations: Terms and Conditions of Real Property Rights
Page 11
B. Property APN:039-590-019-000
Agency Negotiator: Michael Hodson
Negotiating Party: John W. Scott, Jennifer Millward, for Scotty's Landing
Negotiations: Terms and Conditions of Real Property Rights
6.07 Public Comment
Page 12
Butte County
Information and Procedures Concerning the Agenda and Board of Supervisors Meetings
Department Heads
Meeting Information:
Agricultural
Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are held in the
Commissioner:
Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. At the end of each year the
Louie Mendoza
Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed as a result of holidays or other events
Assessor*:
so please check the meeting calendar to be certain. Copies of the adopted meeting calendar for the year are available in the
Alyssa Douglass
County Administrative Office or on the Clerk of the Board website page.
Auditor-Controller*:
Agenda Information:
Graciela Gutierrez
The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72 hours before
Behavioral Health:
each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board website. A copy of the
Scott Kennelly
agenda and supporting materials provided to the Board of Supervisors members to explain each agenda item (excluding
ChiefAdministrative
documents that are not a public record within the meaning of the Public Records Act) are available foryour review at the County
Officer:
Administrative Office, the Chico, Oroville, and Paradise libraries (please do not remove items from these files), and at the Clerk
Andy Pickett
of the Board website. Copies of supporting materials can be made foryou 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
Chief Probation Officer:
been received but not included in the agenda supporting material. Copies of all communications received by the Board of
Melissa Romero
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.
Child Support Services:
Sean Farrell
Agenda Format and Meeting Order:
Clerk-Recorder /
Registrar of Voters*:
The agenda is usually organized into the following areas and meetings generally proceed in the following order:
Keaton Denlay
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 in the back of the board room) and give
County Counsel:
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
Brad Stephens
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.
Development Services:
2
Public Comment: This is the area of the agenda where members of the audience may address the Board on any matter not
Paula Daneluk
listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda, but may respond to
District Attorney*:
statements or questions and provide staff direction. Public Comment is limited to 3 minutes, and may be adjusted at the
Mike Ramsey
discretion of the Chair.
3.
Regular Agenda: This is where presentations to the Board and items that require full discussion are heard. Items removed
Employment&Social
from the Consent Agenda are discussed under this section.
Services:
4.
Public Hearing and Timed Items: This is where items that are required by law to be heard as a public hearing are set. This is
Shelby Boston
the section where appeals before the Board are usually discussed. Hearings may start after the time listed, but will never start
Fire Chief:
before the time listed.
5.
Closed Session: The Board is authorized, by law, to meet in a closed session in certain circumstances. This area of the agenda
Garrett Sjolund
identifies those items that will be discussed during the Closed Session.
General Services:
Michael Hodson
Public Participation:
Human Resources:
It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow members of the
Sheri Waters
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 of Supervisors is also
Information Systems:
committed to making its proceedings accessible to all residents. Individuals with special needs should call the Clerk of the
Paul LaValley
Board at 530.552.3300, Monday through Friday, 8:00 a.m. to 5:00 p.m. to request disability-related
Library:
modifications/accommodations, or to request materials in alternate formats. All requests for special accommodations
Narinder Sufi
and/or alternative format documents must be made 48 hours prior to the meeting.
Public Health:
Disclosure of Campaign Contributions
Danette York
Pursuant to Government Code section 84308, members of the Board of Supervisors are disqualified and not able to participate
Public Works:
in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises,
Joshua Pack
discretionary land use permits and other entitlements if the Board member received more than $250 in campaign contributions
Sheriff-Coroner*:
from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively
Kory Honea
supports or opposes the County's decision on the agenda item since January 1, 2023. Members of the Board of Supervisors who
have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to
Treasurer-Tax Collector*:
a Board member since January 1, 2023, are required to disclose that fact for the official record of the subject proceeding.
Troy Kidd
Disclosures must include the amount of the campaign contribution and identify the recipient Board member and may be made
UCCooperative
either in writing to the Clerk of the Board of Supervisors prior to the subject hearing or by verbal disclosure at the time of the
Extension Advisor:
hearing.
Luis Espino
For further information contact the:
Water&Resource
Clerk of the Board of Supervisors
Conservation:
County Administration Office
Kami Loeser
25 County Center Drive, Suite 200, Oroville, CA 95965
530.552.3300
*Elected Official
Page 13
Board of Supervisors Agenda — Commonly Used Acronyms:
AB— Assembly Bill
EIR — Environmental Impact Report
APN —Assessor's Parcel Number
ECIC — Emergency Operations Center
AQMA— Air Quality Management Act
EPA — Environmental Protection Agency
ARPA— American Rescue Plan Act
FEIR— Final Environmental Impact Report
BCAG —Butte County Association of Governments
FEMA — Federal Emergency Management
Agency
BLUF— Bottom Line Up Front
FY— Fiscal Year
BOE — Board of Equalization
GP —General Plan
BCFD — Butte County Fire Department
IMP — Infrastructure Master Plan
BCGP —Butte County General Plan
JPA — Joint Powers Authority
BCOE — Butte County Office of Education
LAFCO — Local Agency Formation
Commission
BCSO — Butte County Sheriff's Office
MOU — Memorandum of Understanding
BINTF — Butte Interagency Narcotics Task Force
MUP —Minor Use Permit
BRCP — Butte Regional Conservation Plan
NOC — Notice of Completion
CAL FIRE — California Department of Forestry and
Fire
NOP — Notice of Preparation
Cal CIES — California Office of Emergency Services
OEM — Office of Emergency Management
CalTrans — California Department of Transporta
FRFP — Request for Proposals
CDBG — Community Development Block Grant
SB — Senate Bill
CEQA— California Environmental Quality Act =FSBFCA
— Sutter Butte Flood Control Agency
CSA— County Service Area
SGMA— Sustainable Groundwater
Management Agency
DEIR— Draft Environmental Impact Report
SHARP — Self -Help Assistance and Referral
Program
DID—Durham Irrigation District
ITAC —Technical Advisory Committee
DOT— Department of Transportation
YTD — Year-to-date
DWR — Department of Water Resources
Page 14