HomeMy WebLinkAboutA082223BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - AUGUST 22, 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 Revenue Agreement with the California Department of Food and Agriculture (CDFA) for the 2023
2025 Noxious Weed Grant Program - The Agricultural Commissioner's Office recommends
entering into a revenue agreement with CDFA for two fiscal years to continue the Noxious Weed
Grant Program. The objectives of the program are to control noxious weed species, which may
reduce the fire hazard and fire control costs in the State, specifically in Butte County, and protect
the biodiversity of native ecosystems. The term of the revenue agreement is July 1, 2023 through
June 30, 2025, not -to -exceed $42,421— action requested — APPROVE THE REVENUE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Agriculture)
3.02 Agency Response to 2022-23 Grand Jury Report - To comply with Penal Code Sections 933 and
933.05, staff has prepared a draft Board of Supervisors response to the findings and
Page 1
recommendations contained in the 2022-23 Grand Jury Report. It is recommended that the Board
review, consider, and approve the response for submittal to the Court. Alternatively, the Board
can direct staff to make specified changes to the draft response, and a revised response can be
submitted to the Court — action requested — APPROVE AGENCY RESPONSE TO GRAND JURY
REPORT. (County Administration)
3.03 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 $18,790,262 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)
3.04 Resolution to Amend the Salary Ordinance - The Department of Human Resources recommends
the Board of Supervisors adopt a resolution amending the Salary Ordinance for the following
departments: County Administration, Development Services, Human Resources, and Public
Health.
COUNTY ADMINISTRATION: Flexibly staff 1 filled Associate Clerk to the Board / Administrative
Assistant — Confidential / Senior Administrative Assistant — Confidential position to include the
Administrative Technician— Confidential classification. This change will better suit the operational
needs of the department. Adding the Administrative Technician position to this flexibly staffed
series will not increase or decrease the range of possible payrates; therefore, this action will fall
within the existing appropriation authority of the FY 2023-24 budget. Total allocations to remain
unchanged.
DEVELOPMENT SERVICES: Add one flexibly staffed Office Assistant I / Office Assistant II position
with a sunset date of 06/30/2025. This position is funded by the 2017 MIT Grant reimbursement
process. Grant activity for the MIT grant has begun and this support position is needed to better
serve the needs of the department. The position will sunset at the end of the grant term on
6/30/2025. Funding for the position was included in the FY 2023-24 Budget. Total allocation will
increase by one.
HUMAN RESOURCES: Amend section 28F "Confidential Employees" of Salary Ordinance No. 4224
of the County of Butte to add a new classification titled "Administrative Technician — Confidential"
at range 47. The applicable employee group has agreed to the addition of the new classification
and range placement.
PUBLIC HEALTH: Add two 0.5 FTE Peer Support Specialist positions and delete two 0.5 FTE flexibly
staffed Health Services Assistant I / Health Services Assistant II positions. These changes will better
suit the needs of the department and assist in meeting the Enhanced Care Management (ECM)
program goals. The estimated annual cost is an increase of $494 and is paid for within the costs
of the ECM program and included in the department's budget. Total allocations to remain
unchanged.
Action requested—ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
Page 2
3.05 Library Budget Adjustment for North Valley Community Foundation (NVCF) Grant Funds - The
Library Department has been awarded a $22,754 grant from NVCF. This grant is administered by
the Library Advisory Board. The grant funding will support the library's outreach efforts to reach
communities across the County through various channels. The goals of the outreach initiatives
include linking individuals to library membership, creating education materials (webinars and
videos) to target awareness of online resources, and improved website and social media content
to build awareness of library programs and events. The grant funding provides for approximately
1205 hours for extra help staffing to meet the outreach initiatives. The Department recommends
the Board of Supervisors approve a budget adjustment for the allocation of these additional funds
—action requested — APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (Library)
3.06 Resolution Authorizing a Funding Proposal from the Department of Water Resources and
Designate the Director of Public Works to Execute the Agreements and Associated Amendments
for the Named Area 3 Flood Maintenance Assistance Program - As the Local Maintaining Agency
(LMA), the Department of Public Works maintains the Mud and Sycamore Creek levees, part of
the Chico area's flood control system (Named Area 3). The County -maintained levee system is an
integral part of the State's Flood Plan of Flood Control (SPFC) system, which is eligible for specific
programs and funding opportunities through the California Department of Water Resources
(DWR). The Flood Maintenance Assistance Program (FMAP) is one program that provides grant
funding to eligible Local LMAs to ensure proper maintenance of SPFC facilities, including levees.
The primary objective of FMAP is to ensure SPFC facilities meet the requirements outlined in Title
33, section 208.10, of the Code of Federal Regulations, as well as the applicable Operation and
Maintenance Manual requirements. FMAP funding will support the maintenance and
development of the Mud and Sycamore Creek levees, including essential documents like the US
Army Corp of Engineers' Letter of Intent and the Systemwide Improvement Framework Plan. The
Department recommends the Board of Supervisors adopt a resolution authorizing the Director of
Public Works to execute the funding agreement with DWR and any amendments and take
necessary actions to obtain funding for the Named Area 3- Butte County FMAP Project — action
requested — ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
3.07 Capital Asset Surplus - The Board of Supervisors declares vehicles surplus that are no longer
serviceable or no longer needed by the County before auctioning the items. The Department of
Public Works recommends the Board declare sixteen vehicles and one electronic distance meter
as surplus to the needs of the County, as the assets are either outdated, have high mileage, or the
repairs exceed the asset's value — action requested — DECLARE CAPITAL ASSETS (17) SURPLUS TO
THE NEEDS OF THE COUNTY. (Public Works)
3.08 Contract with Virtra, Inc. for Training Simulator Equipment and Software - Virtra, Inc. is a patented
virtual reality training simulator equipment and software that offers unique, safe, and interactive
training that is specialized to law enforcement needs. The Sheriff's Office recommends entering
into a contract with Virtra, Inc. for training simulator equipment and software. The term of the
contract begins upon execution and ends after 42 months, not -to -exceed $213,250 — action
requested — APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff)
3.09 Contract Amendment with Johnson House of Sobrietv for Sober Living Housing - The Sheriff's
Office Alternative Custody Supervision (ACS) program utilizes sober living environments (SLE) to
house ACS participants. In December 2021, the Sheriff's Office entered into a contract with
Johnson House of Sobriety to provide SLE housing. Johnson House has provided housing to an
average of 7 residents per month over the last year. Due to increased costs to provide housing
Page 3
the contract needs to be amended to increase the daily rate from $32 to $35 per resident. The
department recommends amending the contract with Johnson House of Sobriety for Sober Living
Housing. The amendment increases the maximum payable amount by $44,000, not -to -exceed
$194,000. All other terms remain the same — action requested — APPROVE CONTRACT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff)
3.10 Agreement with US Department of Justice and Certification for Federal Equitable Sharing Program
The Sheriff's Office and the Butte Interagency Narcotics Task Force (BINTF) participate in the
Federal Equitable Sharing Program as part of the Department of Justice Asset Forfeiture Program,
which 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. In order to participate in the program, an annual
Equitable Sharing Agreement and Certification must be electronically filed with the U.S.
Department of Justice by the County on behalf of the Sheriff's Office and BINTF. The agreement
and certification for FY 2022-23 have been prepared and summarize program expenditures and
revenues. In FY 2022-23, BINTF and the Sheriff's Office received $172,773 and expended $25,882.
The department recommends approving the Equitable Sharing Agreement and Certification for
FY2022-23 and authorizing electronic submission by staff — action requested — 1) APPROVE
AGREEMENT AND CERTIFICATION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) AUTHORIZE
ELECTRONIC SUBMISSION. (Sheriff)
4. REGULAR AGENDA
4.01 Boards, Commissions, and Committees
(List available at www.buttecounty.net/clerkoftheboard/appoinmentslist)
A. Appointments to Listed Vacancies
1. Appointment to the Library Advisory Board - The Library Advisory Board (LAB) was
created for the following purposes: to update and annually maintain a strategic plan for
the Butte County Library; develop and maintain a long range library financial plan;
provide an annual statement/report on the state of the Library for the past year;
develop fundraising plans for the Board of Supervisors approval; provide oversight of
the funds deposited with the North Valley Community Foundation on behalf of the
Butte County Libraries, as authorized on May 15, 2002 by the Board of Directors of the
Butte County Library Foundation and prior to the closure of the Foundation; oversee
the development of relationships with community partners, such as schools and
business; assist with the relationships with the cities and towns in the County; advise
the Board of Supervisors on issues and trends impacting the Library; monitor
technology that will affect the operation of the Library and provide guidance to the
Board of Supervisors; develop and oversee public relations campaigns in support of the
Library; and encourage in every possible way the development and advancement of the
public library system. The LAB is comprised of 10 voting members, with two members
residing in each supervisorial district, appointed by the Board of Supervisors.
Additionally, the County Librarian shall serve as a non-voting member on the LAB.
Supervisor Durfee requests that the Board of Supervisors appoint Jean Ping to a District
2 Seat with a term ending January 2, 2027 — action requested —APPOINT JEAN PING TO
A DISTRICT 2 SEAT WITH A TERM ENDING JANUARY 2, 2027. (Other — Library Advisory
Board)
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)
Page 4
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 Letter of Opposition for AB 399 amending Section 11 of the County Water Authority Act - At the
request of Supervisor Connelly, staff prepared a letter in opposition of Assembly Bill 399, which
contradicts standard agency detachment under LAFCO law. AB 399 is urgency legislation that
would require an affirmative vote of the entire San Diego County Water Authority electorate, as
a condition of any member agency receiving approval to detach. Current law requires a vote of
only the electorate of the agencies seeking detachment. Approval of AB 399 would set a troubling
precedent, one in which any public agency unhappy with the LAFCO processing of a proposal may
seek special legislation to undermine LAFCO's authority and thereby change statutory
requirements after an application is filed — action requested — APPROVE LETTER OF OPPOSITION
AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
4.04 Agreement with Department of Health Care Services (DHCS) for Drug Medi -Cal (DMC) Treatment
Program Substance Use Disorder (SUD) Services and Resolution Authorizing the Director of
Behavioral Health to Sign the Agreement - The DHCS standard agreement for DMC Treatment
Program SUD Services provides State and federal funding for a majority of the Department of
Behavioral Health's SUD programs. The agreement allows the Department to provide substance
use treatment services available to Medi -Cal beneficiaries in Butte County. The Department
recommends the Board of Supervisors approve a revenue agreement with DHCS. The term of this
agreement is July 1, 2023 through June 30, 2027, not -to -exceed $37,830,400. The revenue is
specified across four fiscal years as follows: $9,457,600 for FY 2023-24 through FY 2026-27. DHCS
requires the Board to adopt a resolution authorizing the Director of Behavioral Health to sign the
agreement and any future amendments — action requested — 1) APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (Behavioral Health)
4.05 Contract with Armed Guard Private Security. Inc. to Provide Armed and Unarmed Security Guard
Services - Armed Guard provides security guard services necessary for a safe environment to
protect the public and staff at all locations of the Department of Employment and Social Services.
Security guard presence in public areas within Department locations assists with keeping staff and
clients safe. Security guards allow the Department to serve the public efficiently and without
interruption. The Department published a formal invitation for bids for the service on May 2, 2023
and the request for bids closed on May 25, 2023. A total of five bids were received, with one
bidder found to be non-responsive. A panel performed the evaluation process and Armed Guard
Private Security, Inc. was the lowest responsive and responsible bidder. The Department
recommends the Board approve a contract with Armed Guard Private Security, Inc., to provide
security guard services to all Department locations. The term of the contract is September 1, 2023
through June 30, 2026, not -to -exceed $1,771,870— action requested —APPROVE CONTRACT AND
AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services)
4.06 Job Order Contracts (JOC) with Knife River Construction. RCI General En2ineerin2. North Star
Construction and Engineering, Inc., and Franklin Construction - JOC is an alternative project
delivery process allowing contractors to complete many projects with a single bid. Public Contract
Code section 20128.5 allows the County to implement a JOC services process to select vendors to
complete specific individual projects for repairs, maintenance, and other repetitive work
according to fixed unit prices under a single umbrella contract executed by the Board of
Supervisors. On June 27, 2023, the Board of Supervisors authorized the Department of Public
Page 5
Works to advertise bids for JOC. Up to four JOC contracts may be awarded through this
solicitation. While there is no minimum guarantee, each contractor will have an opportunity to
perform job orders totaling at least $50,000 each during the contract term. All job orders over
$500,000 will be returned to the Board for additional approval. JOC was advertised on June 28,
2023, and four bids were received on July 25, 2023. Knife River Construction of Chico, RCI General
Engineering of Oroville, North Star Construction and Engineering, Inc. of Yuba City and Franklin
Construction, Inc. of Chico were the four responsive and responsible bidders. Under Public
Contract Code section 20128.5 and the current California Consumer Price Index, each contract
lasts one year with a maximum contract value of $5,797,275. The Department recommends that
the Board award JOC contracts to Knife River Construction, RCI General Engineering, North Star
Construction and Engineering, Inc., and Franklin Construction, Inc., and authorize the Director of
Public Works to sign the contracts — action requested — 1) AWARD CONTRACTS (4); AND 2)
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN THE CONTRACTS. (Public Works)
4.07 Update on Water Activities - The Department of Water and Resource Conservation will provide
the Board of Supervisors with an update on the following water resource activities: 1. Sustainable
Groundwater Management Act (SGMA) Implementation Status: a) DWR Approved
Determinations for Groundwater Sustainability Plans in Butte County, b) Sustainable
Groundwater Management Grant Program Application draft grant awards for the Vina and
Wyandotte Creek subbasins totaling $11 million, b) approved fees for the Vina Groundwater
Sustainability Agency (GSA) and Wyandotte Creek GSA, and d) submittal of Annual Reports.; 2.
Table A Allocation of 100 percent for 2023; 3. Integrated Regional Water Management (IRWM):
a) Northern Sacramento Valley (NSV) IRWM Round 1 grant funded projects and upcoming Round
2 projects; the next meeting of the IRWM TAC is October 18, 2023 and the IRWM Board is
November 6, 2023, and b) Upper Feather River IRWM; 4. Clean Drinking Water and Infrastructure
Projects: overview and update of a) Feather Ridge Estates Water System Improvement Project, b)
Berry Creek School Water System Improvement Project, c) Palermo Clean Water Consolidation
Project, and e) Palermo Drainage Study; and 5. Outreach and Education: Brown Bag Seminars and
ongoing Department activities engaging the public and stakeholders. Upcoming webinar is
scheduled for August 23, 2023, 12:00-1:30 pm on recharge — action requested — ACCEPT FOR
INFORMATION. (Water and Resource Conservation)
4.08 Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer
4.09 Board of Supervisors Public Comment (Continuation as Needed) - Comments to the Board on
issues and items not listed on the agenda. Please note that pursuant to California State law, the
Board of Supervisors is prohibited from taking action on any item not listed on the agenda.
4.10 Items Removed from the Consent Agenda for Board Consideration and Action
5. PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:10 AM —Timed Item — Federal Legislative Update - Kristi More from the Ferguson Group, the
County's Federal Legislative Consultant, will provide an update on Federal legislation and the
County's advocacy—action requested —ACCEPT FOR INFORMATION. (County Administration)
5.02 9:30AM — Timed Item — Discussion on the Draft Nord (Rock Creek and Keefer Slough) Small
Community Flood Risk Reduction Feasibility Study - The Department of Public Works has
presented updates to the Board of Supervisors on flood risk reduction items relating to Rock Creek
and Keefer Slough on four occasions in 2020 and 2021. Since then, the Department has worked
with technical experts and community stakeholders to prepare a draft feasibility study for Nord
Page 6
and the Rock Creek / Keefer Slough watershed community. The Department will present the draft
results of the study and solicit feedback and input from the Board before finalizing the study later
this year — action requested — PROVIDE DIRECTION TO STAFF. (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 CE22-00328; 48 Shane Court, Berry Creek APN No. 062-710-016
On July 28, 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 CE22-00328 at 48 Shane Court, Berry Creek
(Assessor's Parcel Number 062-710-016) in the amount of $57,421.19 ($50,500.00 for penalties
and $6,921.19 for cost recovery) — action requested — APPROVE THE PROPOSED LIEN OF
$50,500.00 AND A SPECIAL ASSESSMENT OF $6,921.19. (Development Services)
B. Code Enforcement Case Number CE22-01445; 0 Chinese Wall Road, Oroville APN No. 028-370-
013 - On November 10, 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 CE22-01445 at 0 Chinese Wall
Road, Oroville (Assessor's Parcel Number 028-370-013) in the amount of $22,142.85 ($15,500.00
for penalties and $6,642.85 for cost recovery) — action requested — APPROVE THE PROPOSED LIEN
OF $15,500.00 AND A SPECIAL ASSESSMENT OF $6,642.85. (Development Services)
C. Code Enforcement Case Number CE22-01487: 1959 Bean Creek Road. Berry Creek APN No. 061-
080-013 - On December 1, 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 CE22-01487 at 1959 Bean
Creek Road, Berry Creek (Assessor's Parcel Number 061-080-013 in the amount of $66,756.63
($61,000.00 for penalties and $5,759.63 for cost recovery) — action requested — APPROVE THE
PROPOSED LIEN OF $61,000.00 AND A SPECIAL ASSESSMENT OF $5,759.63 (Development
Services)
D. Code Enforcement Case Number CE22-00615; 31 Romelt Lane, Oroville APN No. 072-500-012 -
On September 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 CE22-00615 at 31 Romelt Lane,
Oroville (Assessor's Parcel Number 072-500-012) in the amount of $10,928.92 ($5,500.00 for
penalties and $5,428.92 for cost recovery) — action requested — APPROVE THE PROPOSED LIEN OF
$5,500.00 AND A SPECIAL ASSESSMENT OF $5,428.92. (Development Services)
Page 7
5.04 10:50 AM — Timed Item — Public Hearing to Increase Development Impact Fees for the Feather
River Recreation and Park District (FRRPD) and an Ordinance Amending Chapter 16, Article VI of
the Butte County Code) - Butte County Code, Chapter 16, sections 16-56 through 16-68 authorize
a park impact fee to be assessed and levied upon any owner of real property located in the
unincorporated area of the County of Butte within the FRRPD adding one (1) or more dwelling
units to such property. The Code is based upon findings from a Development Impact Fee
Calculation Report dated May 2003 and revised September 2004 and April 2006. The purpose of
the park impact fee is to fund the one-time cost of expanding the District's parks and recreational
facilities in order to meet the impact of new residential development. FRRPD's last fee increase
occurred in April 2006. FRRPD conducted a Nexus Study dated March 2023 and found that due to
the expected population growth set by the 2020 U.S. Census, an increase on existing impact fees
is necessary to maintain the existing level of park facilities. FRRPD has submitted the required
documentation and requests that the County increase park impact fees as follows: 1) Single -
Family Housing- from $1,106 to $5,486 per dwelling unit, 2) Multi -Family Housing - from $870 to
$4,615 per dwelling unit, 3) Mobile Homes - from $867 to $4,672 per dwelling unit. The requested
increase in park impact fees is based on FRRPD's Nexus Study. FRRPD has also requested the
following changes to Chapter 16 of the County Code, via an amended ordinance: 1) references to
supporting documents, 2) the levels of park land and facilities for every one -thousand (1,000) new
residents, 3) the elimination of "Aquatic Center Facility" and "Public Use (Community Center)
Facility" fees. The Special District recommends the Board adopt the park impact fee increases as
laid out in Exhibit B of the proposed resolution. If approved, the impact fees would become
effective October 23, 2023 — action requested —1) ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN; AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County
Administration)
5.05 11:10 AM — Timed Item — Public Hearing and Resolution Adopting Service Charges in the County
of Butte for Fiscal Year 2023-24 - A County Service Area (CSA) and Permanent Road Division (PRD)
are a type of dependent special district governed by the Board of Supervisors. Some CSAs and
PRDs are funded by service charges to property owners within the district. These service charges
are set annually by the Board based on need as anticipated in the adopted CSA and PRD budgets.
The process for setting these charges is laid out in Government Code section 25215.5 for CSAs,
and Streets and Highway Code section 1178 for PRDs. The Departments of General Services, Public
Health, of Public Works manage the areas funded with service charges and prepare an annual
budget for anticipated expenses in that given year. Based on these budgets the recommended
parcel charges are calculated. These charges can not exceed the maximum voter approved
amount previously established to Proposition 218 (the Right to Vote on Taxes Act). There are no
recommended increases to the parcel service charges for fiscal year 2023-2024. County
Administration recommends the Board adopt the proposed parcel service charges as laid out in
Exhibit A of the resolution. These charges may also be found online at
https://www.buttecounty.net/DocumentCenter/View/8078/Proposes-Parcel-Charges---FY-
2324-County-Service-Areas--Permanent-Road-Divisions?bidld — action requested — ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
Page 8
5.06 11:20 AM —Timed Item —App I ication for Outdoor Festival License for From the Ground Up Farms
(MISC23-0029 - Duets Across America) at the Concow Campground - From the Ground Up Farms
has submitted an application for an Outdoor Festival License per Chapter 12, Article III. Outdoor
Festivals. The festival is proposed for two days, Saturday and Sunday, September 23 & 24, 2023,
from 9:00 a.m. to 11:00 p.m. on Saturday, and from 9:00 a.m. to 12:00 p.m. on Sunday. Amplified
noise is proposed from 9:00 a.m. to 11:00 p.m. on Saturday. The applicant anticipates 800 -1000
attendees over the two days. The festival site (Lake Concow Campground) is located at 12967
Concow Road, north and east of Oroville (APNs: 058-350-001, -002, -003 & 058-230-010). The
festival is proposed as the "Duets Across America" fundraiser for children's brain research, and
will involve an outdoor concert and overnight camping activities. The Department of
Development Services completed an environmental review of the application, completed a site
visit and determined since no permanent structures will be built, the project is categorically
exempt from the California Environmental Quality Act (CEQA), per Section 15304 (e) of the CEQA
Guidelines - "Minor temporary use of land having negligible or no permanent effects on the
environment, including carnivals, etc." The Department recommends that the Board of
Supervisors approve the application for an outdoor festival license, subject to the recommended
conditions related to: amplified sound, potable water, solid waste management, restroom and
hand washing stations, wastewater management, fire control, encroachment permits for
applicable signs, traffic control, dust control, insurance requirements, and outreach to California
Highway Patrol — action requested — FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER
SECTION 15304(E) OF THE CEQA AND APPROVE THE APPLICATION FOR AN OUTDOOR FESTIVAL
LICENSE (MISC23-0029), SUBJECT TO THE RECOMMENDED CONDITIONS. (Development Services)
Page 9
THOMPSON FLAT CEMETERY DISTRICT
BOARD OF TRUSTEES REGULAR AGENDA AUGUST 22, 2023
1. CALL TO ORDER
2. CORRECTIONS AND/OR CHANGES TO THE AGENDA (NONE)
3. CONSENTAGENDA(NONE)
4. REGULAR AGENDA
4.01 Thompson Flat Cemetery District - Recommended Budget for FY 2023-24 - On August 10, 1999,
the Butte County Board of Supervisors became the Board of Trustees for the Thompson Flat
Cemetery District. Daily cemetery business is conducted by the Director of General Services,
and maintenance and cemetery operations are provided by the Gridley -Biggs Cemetery District
through an operational agreement with the County. An expenditure budget in the amount of
$5,000 has been prepared for Fiscal Year 2023-24 covering the operation and maintenance of
the Cemetery. Routine expenses typically total $1,000-$2,000 per Year. Staff recommend
appropriating additional funds so that unanticipated maintenance can be addressed if
necessary. Thompson Flat Cemetery District receives an anticipated $4,100 in revenue through
property taxes. The total recommended budget is $5,000 with the difference between revenues
and expenditures covered with anticipated fund balance. Approval of the Recommended
Budget also provides the authority for continuing District expenditures until the Adopted
Budget is approved. Budget hearings provide an opportunity for the community to comment on
the Recommended Budget and for the Board of Trustees to make adjustments to the budget.
The Recommended Budget is prepared by the Department of General Services and may be
found at http;//www.buttecountV.net/ eneralservices - action requested - 1) APPROVE THE
RECOMMENDED BUDGET FOR FISCAL YEAR 2023-24 AS THE AUTHORITY FOR EXPENDITURES
DURING PREPARATION OF THE FISCAL YEAR 2023-24 ADOPTED BUDGET; AND 2) DIRECT STAFF
TO PREPARE A RESOLUTION ADOPTING THE BUDGET SEPTEMBER 12, 2023. (General Services)
5. PUBLIC COMMENT
6. THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES CLOSED SESSION (NONE)
Recess as the Thompson Flat Cemetery District Board of Trustees and Reconvene as the Butte County Board
of Supervisors
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 Public Comment
Page 11
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 12
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 13