HomeMy WebLinkAboutM08.22.23ANDY PICKETT,
CHIEF ADMINISTRATIVE
OFFICER
CLERK OF THE BOARD
BUTTE COUNTY
BOARD OF SUPERVISORS
MEMBERS OF THE
BOARD
Regular Meeting Agenda
BILL CONNELLY,
DISTRICT
August 22, 2023
PETER DURFEE,
8:00 AM
DISTRICT 2
TAMI RITTER,
MEETING LOCATION
DISTRICT
BOARD OF SUPERVISOR CHAMBERS
TOD KIMMELSHUE,
25 COUNTY CENTER DRIVE, SUITE 205
DISTRICT
OROVILLE, CALIFORNIA 95965-3380
DOUG TEETER,
DISTRICT 5
BRAD STEPHENS,
COUNTY COUNSEL
PDF of Agenda
eComment Tutorial
eComment Public Comment Packet
Email PC Packet
1. CALL TO ORDER
Pledge of Allegiance
Observation of a Moment of Silence
2A. CORRECTIONS AND/OR CHANGES TO THE AGENDA
Item 5.02 was pulled from the Regular Agenda and will return at a later date.
2B. ANNOUNCEMENT(S) OF RECUSAL
Supervisor Durfee recused himself from item 5.05
3. CONSENT AGENDA
A. Supervisor Comments on Consent Agenda Items
B. Adopt Consent Agenda
No public comment was submitted for this item
Action: Approve Consent Agenda
Motion: Supervisor Connelly
Seconded: Supervisor Durfee
Motion passed unanimously
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.
(Agriculture)
Action requested - APPROVE THE REVENUE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN
Staff Report
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 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. (County Administration)
Action requested - APPROVE AGENCY RESPONSE TO GRAND JURY REPORT
Staff Report
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. (Fire)
Action requested - 1) ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN; AND 2)
APPROVE COOPERATIVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
Staff Report
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 pay rates; 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 11 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. (Human Resources)
Action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
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. (Library)
Action requested -APPROVE BUDGET ADJUSTMENT(4/5 VOTE REQUIRED).
Staff Report
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. (Public Works)
Action requested -ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
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. (Public Works)
Action requested - DECLARE CAPITAL ASSETS (17) SURPLUS TO THE NEEDS OF THE
COUNTY
Staff Report
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. (Sheriff)
Action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
3.09 Contract Amendment with Johnson House of Sobriety 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 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. (Sheriff)
Action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN
Staff Report
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. (Sheriff)
Action requested - 1) APPROVE AGREEMENT AND CERTIFICATION AND AUTHORIZE
THE CHAIR TO SIGN; AND 2) AUTHORIZE ELECTRONIC SUBMISSION
Staff Report
4. REGULAR AGENDA
4.01 Boards, Commissions, and Committees (List available at
www.buttecounty.net/clerkoftheboard/appoinmentslist).
A. Appointments to Listed Vacancies
4.01. Al. 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. (Other - Library
Advisory Board)
Action requested - APPOINT JEAN PING TO A DISTRICT 2 SEAT WITH
A TERM ENDING JANUARY 2, 2027
Staff Report
Shaina Paulsen, Associate Clerk of the Board, presented this item
to the Board.
No public comment was submitted for this item.
Action: APPOINT JEAN PING TO A DISTRICT 2 SEAT WITH A TERM
ENDING JANUARY 2, 2027
Motion: Supervisor Durfee
Seconded: Supervisor Connelly
Motion passed unanimously
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).
Supervisor Durfee — attended a Town Hall meeting in Durham that
Congressman LaMalfa hosted, honored 3 individuals for their service at the
Silver Dollar Fair, and met with constituents.
Supervisor Teeter — attended the Paradise High School ribbon cutting for
the new school and received a tour, attended a monthly zoom meeting with
Rural Counties Rural County Representative of California (RCRC) and
California State Associate of Counties (CSAC) regarding PG&E issues, toured
Pick and Pull, met with Upper Ridge Community Council members, attended
RCRC Executive Meeting, attended the Butte County Mobile Library
unveiling and attend the Forest Ranch Volunteer 2024 fundraiser.
Supervisor Connelly — attended the Sutter Butte Flood Control meeting,
attended the Vet Memorial meeting, and has been walking District 1 finding
number one issue is homelessness, partly due to lack of insurance that is
available and affordable.
Supervisor Ritter — attended the Passages Advisory Board, the Diversability
Action Network Collation, First 5 and Commission meetings, echo number
one issue across the board is availability of shelter and housing, Butte
County Behavioral Health Board has shared repeatedly the same
information.
Chair Kimmelshue — attended many of the same meetings as colleagues.
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.
The following member(s) of the public submitted Public Comment on this item:
Diana Dreiss and Julie Threet (electronically) Diana Dreiss, Julie Three and Dr
Cathrine Posey (in person)
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. (County Administration)
Action requested - APPROVE LETTER OF OPPOSITION AND AUTHORIZE THE CHAIR
TO SIGN.
Staff Report
Meegan Jessee, Assistant Chief Administrative Officer, and Supervisor Connelly,
presented this item to the Board.
No public comment was submitted for this item.
Action: APPROVE LETTER OF OPPOSITION AND AUTHORIZE THE CHAIR TO SIGN.
Motion: Supervisor Connelly
Seconded: Supervisor Durfee
Motion passed unanimously
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. (Behavioral Health)
Action requested - 1) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN, -
AND 2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
Scott Kennelly, Director of Behavior Health, presented this item to the Board.
No public comment was submitted for this item.
Action: 1) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND 2)
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN
Motion: Supervisor Ritter
Seconded: Supervisor Teeter
Motion passed unanimously
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. (Employment and Social Services)
Action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
Shelby Boston, Director of Employment and Social Services, presented this item to
the Board.
No public comment was submitted for this item.
Action: APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN
Motion: Supervisor Connelly
Seconded: Supervisor Ritter
Motion passed unanimously
4.06 Job Order Contracts (JOC) with Knife River Construction, RCI General Engineering,
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 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. (Public Works)
Action requested - 1) AWARD CONTRACTS (4); AND 2) AUTHORIZE THE DIRECTOR
OF PUBLIC WORKS TO SIGN THE CONTRACTS
Staff Report
Ashley Snyder, Administrative Coordinator Public Works, presented this item to
the Board.
No public comment was submitted for this item.
Action: 1) AWARD CONTRACTS (4); AND 2) AUTHORIZE THE DIRECTOR OF PUBLIC
WORKS TO SIGN THE CONTRACTS
Motion: Supervisor Durfee
Seconded: Supervisor Connelly
Motion passed unanimously
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.
(Water and Resource Conservation)
Action requested - ACCEPT FOR INFORMATION
Staff Report
Kami Loser, Director of Water and Resource Conservation, presented this item to
the Board.
No public comment was submitted for this item.
Action: ACCEPT FOR INFORMATION
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.
None
4.10 Items Removed from the Consent Agenda for Board Consideration and Action
None
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 an the County's advocacy. (County
Administration)
Action requested - ACCEPT FOR INFORMATION
Staff Report
Kristi More, Ferguson Group, and Meegan Jessee, Assistant Chief Administrative
Officer, presented this item to the Board.
The following member(s) of the public submitted Public Comment on this item:
Julie Threet (in person)
Action: ACCEPT FOR INFORMATION
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
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. (Public Works)
Action requested - PROVIDE DIRECTION TO STAFF
Staff Report
PowerPoint
This item was pulled from the agenda and will return at a later date.
5.03 10:30AM - Timed Item - Itemized Costs and Penalties Related to Nuisance
Abatement to Record a Lien and Impose a Special Assessment
Paula Daneluk, Director of Development Services, introduced this item to the
Board.
5.03. 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). (Development
Services)
Action requested - APPROVE THE PROPOSED LIEN OF $50,500.00 AND A
SPECIAL ASSESSMENT OF $6,921.19
Staff Report
PowerPoint
Chris Jellison, Code Enforcement Division Manager, and Ben Sandoval,
Code Enforcement Supervisor, presented this item to the Board.
No public comment was submitted for this item.
Action: APPROVE THE PROPOSED LIEN OF $50,500.00 AND A SPECIAL
ASSESSMENT OF $6,921.19
Motion: Supervisor Durfee
Seconded: Supervisor Connelly
Motion passed unanimously
5.03. 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). (Development
Services)
Action requested - APPROVE THE PROPOSED LIEN OF $15,500.00 AND A
SPECIAL ASSESSMENT OF $6,642.85
Staff Report
PowerPoint
Chris Jellison, Code Enforcement Division Manager, and Ben Sandoval,
Code Enforcement Supervisor, presented this item to the Board.
No public comment was submitted for this item.
Action: APPROVE THE PROPOSED LIEN OF $15,500.00 AND A SPECIAL
ASSESSMENT OF $6,642.85
Motion: Supervisor Connelly
Seconded: Supervisor Durfee
Motion passed unanimously
5.03. 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) (Development
Services)
Action requested - APPROVE THE PROPOSED LIEN OF $61,000.00 AND A
SPECIAL ASSESSMENT OF $5,759.63
Staff Report
PowerPoint
Chris Jellison, Code Enforcement Division Manager, and Ben Sandoval,
Code Enforcement Supervisor, presented this item to the Board.
No public comment was submitted for this item.
Action: APPROVE THE PROPOSED LIEN OF $61,000.00 AND A SPECIAL
ASSESSMENT OF $5,759.63
Motion: Supervisor Durfee
Seconded: Supervisor Connelly
Motion passed unanimously
5.03. 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). (Development
Services)
Action requested - APPROVE THE PROPOSED LIEN OF $5,500.00 AND A
SPECIAL ASSESSMENT OF $5,428.92
Staff Report
PowerPoint
Chris Jellison, Code Enforcement Division Manager, and Ben Sandoval,
Code Enforcement Supervisor, presented this item to the Board.
No public comment was submitted for this item.
Action: APPROVE THE PROPOSED LIEN OF $5,500.00 AND A SPECIAL
ASSESSMENT OF $5,428.92
Motion: Supervisor Teeter
Seconded: Supervisor Durfee
Motion passed unanimously
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. (County Administration)
Action requested -1) ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN; AND
2) ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
Liam Thompson, Management Analyst, presented this item to the Board. Blair
Oz, SCI Consulting Group, and Chris Wagner, General Manger Feather River
Recreation and Park District, spoke.
No public comment was submitted for this item.
Action: Send back to Feather River Recreation and Park District to rewrite.
Motion: Supervisor Durfee
Seconded: Supervisor Ritter
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
(County Administration)
Action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
Liam Thompson, Management Analyst, presented this item to the Board.
Supervisor Durfee recused himself from this item.
No public comment was submitted for this item.
Action: ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN
Motion: Supervisor Connelly
Seconded: Supervisor Teeter
Motion passed: 4-1 vote
Ayes: Supervisor Connelly, Teeter, Ritter and Chair Kimmelshue
Nays: None
Recused: Supervisor Durfee
5.06 11:20 AM - Timed Item - Application 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. (Development Services)
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
Staff Report
PowerPoint
Paula Daneluk, Director of Development Services, and Austin Forde, Assistant
Planner, presented this item to the Board.
The following member(s) of the public submitted Public Comment on this item:
unidentified (in person)
Action: 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
Motion: Supervisor Teeter
Seconded: Supervisor Ritter
Motion passed unanimously
5.01 9:10 AM - Timed Item - Federal Legislative Update
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. CONSENT AGENDA (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.buttecounty.net/generalservices (General Services)
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
Staff Report
Mike Hodson, Director of General Services, presented this item to the
Board.
No public comment was submitted at this time.
Action: 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
Motion: Supervisor Durfee
Seconded: Supervisor Ritter
Motion passed unanimously
I.�1� : �IK�l1 11U1�►�1
None
6. THOMPSON FLAT CEMETERY DISTRICT BOARD OF TRUSTEES CLOSED SESSION
(NONE)
4.08 Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer
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
0.
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
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 9:00 a.m. and are
Information: 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 Building at least 72
Information: hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the
Board website. A copy of the agenda and supporting materials provided to the Board of Supervisors members
to explain each agenda item (excluding documents that are not a public record within the meaning of the
Public Records Act) are available for your review at the County Administrative Office, the Chico, Oroville, and
Paradise libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies
of supporting materials can be made for you at a charge to cover costs. The list of communications included
with the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may
have been received but not included in the agenda supporting material. Copies of all communications received
by the Board of Supervisors (excluding documents that are not a public record within the meaning of the Public
Records Act) are available at the 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 following order:
Format and 1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote
Meeting of the Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker
Order: 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 Law, to allow
Participation: 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.
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