HomeMy WebLinkAboutM02.28.23ANDY PICKETT,
CHIEF ADMINISTRATIVE
OFFICER
CLERK OF THE BOARD
PDF of Agenda
BUTTE COUNTY
BOARD OF SUPERVISORS MEMBERS OF THE
BOARD
CONNELLY,
Regular Meeting Agenda BILL DISTRICT
February 28, 2023 PETER DURFEE,
8:45 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 Supplemental Agenda
How to Submit Public Comment Virtually
1. CALL TO ORDER
Pledge of Allegiance
Observation of a Moment of Silence
2. CORRECTIONS AND/OR CHANGES TO THE AGENDA
None
3. CONSENT AGENDA
A. Supervisor Comments on Consent Agenda Items
B. Adopt Consent Agenda
Action: APPROVE THE CONSENT AGENDA.
Motion: Supervisor Durfee
Seconded: Supervisor Ritter
Motion passed unanimously
3.01 Amendment to Medical Director Locum Services Agreement with California
Locums, P.C.
The Department of Behavioral Health released a Request for Proposal for Locum
Onsite Medical Director services. Three Locums agencies responded and were all
awarded contracts; California Locums, P.C., Monroe and Weisbrod LLC, and Adelphi
Medical Staffing. The term of the agreements are January 1, 2023 through June 30,
2023, not -to -exceed $10,000 each. California Locums, P.C. has a licensed physician
who is available full-time to serve as the Medical Director for the Department of
Behavioral Health. The Medical Director performs services and duties that ensures
quality medical psychiatric treatment and acts as a key participant in the ongoing
clinical review of programs and services, across the Department. The Department
recommends amending the agreement with California Locums, P.C., to increase
continuity of services by securing one full-time Locums Onsite Medical Director. The
amendment increases the maximum payable by $200,000, not to exceed $210,000.
All other terms remain the same. (Behavioral Health)
Action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN
Staff Report
3.02 Ratification of Letter Objecting to Placing Out of County Sexually Violent Predator
in Butte County
At its February 14, 2023, the Board of Supervisors directed staff to send a letter to
the Santa Cruz Superior Court objecting to the placement of Sexually Violent
Predator Michael Thomas Cheek in Butte County upon his release from custody. The
letter was sent by staff on February 17, 2023. (County Administration)
Action requested - RATIFY LETTER
Staff Report
3.03 Distribution of Excess Proceeds from the Sale of Tax -Defaulted Property
From June 11-14, 2021, the Treasurer -Tax Collector held a tax sale of 51 tax
defaulted properties, as required by Revenue and Taxation Code section 3691 et.
seq, and claims for excess proceeds were reviewed by the County Counsel's Office
and approved by the Board of Supervisors on October 11, 2022. One claim,
however, from Gayle King as an heir of a former owner of record was not presented
to the Board at that time because the claim required further review. Since that
time, a related court case has been resolved and additional information has been
provided by the claimant, and the Department recommends that the Board
approve distribution of the excess proceeds for the last remaining parcel as follows:
ASSESSOR'S PARCEL NUMBER 072-050-021-000: The amount of excess proceeds is
$109,229.69 and one claim was received from Gayle King as an heir of the former
owner of record. The claim is supported by a court order and a birth certificate.
Pursuant to Revenue and Taxation Code section 4675, the Board of Supervisors may
order distribution of the excess proceeds as recommended. (County Counsel)
Action requested - 1) ADOPT THE RECOMMENDATION OF THE COUNTY COUNSEL
REGARDING DISTRIBUTION OF EXCESS PROCEEDS FROM THE SALE OF TAX
DEFAULTED PROPERTY, AND 2) ORDER DISTRIBUTION PURSUANT TO REVENUE AND
TAXATION CODE SECTION 4675
Staff Report
3.04 Contract with Russell Gallaway Associates, Inc. (RGA) for Architectural and
Engineering Services for Front Lobby and Security Remodel at 78 Table Mountain
Boulevard
The front lobby and security remodel at the Department of Employment and Social
Services location, 78 Table Mountain Boulevard, is an improvement project that will
relocate the reception area and security office to increase safety for clients and
Department staff. The project will also improve the flow of traffic in the facility and
make it easier for visitors to locate and receive services. The Department requires a
consultant to provide bidding assistance and construction administration services.
RGA is a California licensed architect and engineering firm operating in Chico,
California. RGA will provide bidding assistance and construction administration
services for the front lobby and security remodel project. Bidding assistance
services include attendance at pre -bid project site visits, answering questions
pertaining to design and responding to requests for information. RGA will also assist
the County with bid opening and evaluation. Construction administration services
include regular attendance at site meetings and review and process of change
orders and pay requests. The Department recommends entering into a contract
with RGA for bidding assistance and construction administration services for the
front lobby and security remodel at 78 Table Mountain Boulevard. The term of the
contract is January 1, 2023 through August 31, 2023, not -to -exceed $21,000.
(Employment and Social Services)
Action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
3.05 Donate Water Tender to Stirling City Historical Society
The Board of Supervisors declares vehicles surplus that are no longer serviceable or
no longer needed by the County. The Fire Department recommends the Board
declare Water Tender 12 surplus. The water tender no longer meets the need of the
Department due to it not being repairable. The Department recommends the Board
direct staff to donate Water Tender 12 to the Stirling City Historical Society. The
Stirling City Historical Society would like to assume possession of the water tender
for display at the Stirling City Historical Museum. (Fire)
Action requested - 1) DECLARE CAPITAL ASSET SURPLUS TO THE NEEDS OF THE
COUNTY; AND 2) DONATE CAPITAL ASSET TO THE STIRLING CITY HISTORICAL
SOCI ETY
Staff Report
3.06 Contract Amendment with Pro -Line Cleaning Services, Inc. for Janitorial Services
for County Leased Facilities
The County entered into a contract with Pro -Line Cleaning Services, Inc. on March
24, 2020 to provide janitorial services for County leased facilities occupied by the
Departments of Behavioral Health, Employment and Social Services, Public Health,
and Child Support Services. The contract has been amended five times: in 2021 to
add service locations and increase maximum payable amount by $9,598 bringing
the contract total to not -to -exceed $2,184,804; in January 2022 to revise service
locations and increase maximum payable amount by $4,932 bringing the contract
total to not -to -exceed $2,189,736; in February 2022 to add a service location and
increase maximum payable amount by $20,595 bringing the contract total to not -
to -exceed $2,210,331; in July 2022 to update location information with no changes
to the rates; in November 2022 to add service locations and increase maximum
payable amount by $3,575 bringing the contract total to not -to -exceed $2,213,906.
The Department of General Services recommends amending the contract a sixth
time, to extend the term of the contract by one year through March 31, 2024, and
increases the maximum payable amount by $929,985, not -to -exceed $3,143,891.
All other terms remain the same. (General Services)
Action requested - APPROVE THE CONTRACT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN
Staff Report
3.07 Contract Amendment with Ray Morgan Company for County -wide Desktop
Printers, Scanners and Service
The County entered into a contract with Ray Morgan Company on January 24, 2017
to provide county -wide desktop printers, scanners and service. The contract has
been amended five times: in 2018 to change the billing frequency and allow for
updates to the model numbers of the printers and scanners; in 2020 to update the
pricing sheet, extend the term by 730 days through January 24, 2022, and increase
the maximum payable amount by $160,000 bringing the contract total to not -to -
exceed $250,000; in 2021 to update the pricing structure with a minimal reduction
in monthly cost, extend the term by 157 days through June 24, 2022, and increase
the maximum payable amount by $80,000 bringing the contract total to not -to -
exceed $330,000; in 2022 to extend the term by 191 days through December 31,
2022, and increase the maximum payable amount by $30,000 bringing the contract
total to not -to -exceed $360,000; in 2023 to only extend the term by 120 days
through April 30, 2023 with no change to the contract maximum. Due to re -
soliciting for these services after the collapse of RFP 17-23 and the need to extend
the contract term to ensure the new solicitation (RFP 50-23) and subsequent
awarded contract is in place before the contract expires, the Department of General
Services recommends approval of a sixth amendment to the contract with Ray
Morgan Company for desktop printers, scanners and service. The sixth amendment
extends the term by 60 days through June 30, 2023. All other terms remain the
same. (General Services)
Action requested - APPROVE THE CONTRACT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN
Staff Report
3.08 Contract Amendment with Ray Morgan Company for County -wide Multi -Function
Copier Services
The County entered into a contract with Ray Morgan Company on March 8, 2016 to
provide county -wide multi -function copier services. The contract has been
amended seven times: in 2017 and in 2018 to update the printer model numbers
with no changes to the rates; in 2020 to increase the maximum payable amount by
$650,000 bringing the contract total to not -to -exceed $3,050,000; in 2021 to extend
the term by 115 days through June 30, 2021, and increase the maximum payable
amount by $250,000 bringing the contract total to not -to -exceed $3,300,000; in
2021 to extend the term by 365 days through June 30, 2022, and increase the
maximum payable amount by $535,580 bringing the contract total to not -to -exceed
$3,835,580; in 2022 extended the term by 184 days through December 31, 2022,
and increase the maximum payable amount by $300,000 bringing the contract total
to not -to -exceed $4,135,580; in 2023, extended the term by 120 days through April
30, 2023 and increase the maximum payable amount by $180,000 bring the
contract total to not -to -exceed $4,315,580. Due to re -soliciting for these services
after the collapse of RFP 17-23 and the need to extend the contract term to ensure
the new solicitation (RFP 50-23) and subsequent awarded contract is in place before
the contract expires, the Department of General Services recommends approval of
an eighth amendment to the contract with Ray Morgan Company for county -wide
multi -function copier services. The eighth amendment extends the term by 60 days
through June 30, 2023, and increases the maximum payable amount by $80,000
bringing the contract total to not -to -exceed $4,395,580. All other terms remain the
same. (General Services)
Action requested - APPROVE THE CONTRACT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN
Staff Report
3.09 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:
BEHAVIORAL HEALTH: Delete 2 vacant flexibly staffed Business Systems Analyst III
positions and add 2 flexibly staffed Administrative Analyst II positions. The proposed
change will better meet the operational needs of the Department and results in an
estimated cost decrease of $15,372 for Fiscal Year 2022-23 and an estimated annual
decrease of $46,116. Total allocations to remain unchanged. DEVELOPMENT
SERVICES: Delete 1 vacant Administrative Assistant position and add 1 flexibly
staffed Administrative Analyst III position. The proposed change will better meet the
operational needs of the Department and results in an estimated annual increase of
$13,728. The Department filled a vacant flexibly staffed position at the lower
classification. The position had previously been filled and budgeted at a higher
classification, and the change in classification created salary savings. The cost of
the proposed change will be offset by the ongoing salary savings. Total allocations
to remain unchanged. HUMAN RESOURCES: Amend Section 28C - General Unit of
Salary Ordinance No. 4224 of the County of Butte by adding a new classification
titled "Disease Intervention Specialist 1/11". Disease Intervention Specialist I at Range
40 increasing to Range 44 effective July 8, 2023 and Disease Intervention Specialist
11 at Range 50 increasing to Range 54 effective July 8, 2023 to internally align with
Health Education Specialist 1/II. The associated bargaining group has agreed to the
additional classification and range placement. Amend Section 28E - Mid
Management of Salary Ordinance No. 4224 of the County of Butte by adding a new
classification titled "Quality and Compliance Manager" at Range 107. The
associated bargaining group has agreed to the additional classification and range
placement. PUBLIC HEALTH: Delete 1 vacant Program Manager position and add 1
flexibly staffed Disease Intervention Specialist II position and 1 Quality and
Compliance Manager position. The proposed change will better suit the needs of
the Department and results in an estimated annual increase of $81,432, paid for by
Future of Public Health and Public Health realignment funds. Total allocations to
increase by 1. SHERIFF'S OFFICE: Add 1 Program Supervisor position. The
Department will perform an internal recruitment and return to the Board
recommending elimination of the vacated position. The proposed change will better
suit operational needs of the department. The estimated change in costs is
unknown until the position is filled. Total allocations to increase by 1. (Human
Resources)
Action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
Resolution 23-021
3.10 Contract Amendment with Bibliotheca for Radio Frequency Identification (RFID)
Services
The County Library entered into a contract with Bibliotheca on September 13, 2016
to provide self -serve RFID technology solutions which assists library branches in
checking in and out library materials and collecting late fees. The Contract has been
amended two times: in September 2017 to add services to the contract and
increase the not -to -exceed amount by $2,995 bringing the contract total to not -to -
exceed $43,925; and in July 2018 to change the schedule of charges decreasing the
not -to -exceed by $9,980 bringing the new contract total to not -to -exceed $33,945.
The County Library recommends amending the contract a third time, extending the
term of the contract by one year through September 12, 2023, and increases the
maximum payable amount by $5,990, not -to -exceed $39,935. All other terms
remain the same. (Library)
Action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN
Staff Report
3.11 Agreement Amendment with the California Department of Public Health (CDPH)
for the Oral Health Program
The Department of Public Health currently has a grant agreement with CDPH for
the Oral Health Program. CDPH is amending the agreement to reallocate $74,750
from the Departments previous funding term (January 1, 2018 to June 30, 2022) to
allow for the continuation of school-based/school-linked activities that were not
completed in the previous term due to school closures and staff redirection. The
funding will expand the Local Oral Health Program by including education, disease
prevention, facilitating community -clinical linkages, and surveillance. The
Department recommends amending the grant agreement to increase the maximum
amount receivable by $74,750, not to exceed $1,141,205. All other terms remain
the same. (Public Health)
Action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
3.12 Capital Asset Purchases (2) - Chemical Storage Buildings
The Department of Public Works included a chemical storage building as a capital
asset within the Road Fund Budget for FY 2022-23. The planned use for the storage
building is at the Department's Chico Yard. The total budgeted amount for the
chemical storage building is $220,000. The Department has identified the need for
an additional chemical storage building in Oroville to store chemicals procured via a
recently awarded CAL FIRE grant. The Department has identified prefabricated
metal chemical storage buildings that would meet the need in both locations and
the CAL FIRE grant requirements at the Oroville location at a cost of $110,000 each.
The Department recommends approving capital asset authority to purchase two
prefabricated metal buildings for the Chico and Oroville Yards for a total cost of
$220,000. No budget adjustment is needed. (Public Works)
Action requested - APPROVE CAPITAL ASSET PURCHASES (2) - CHEMICAL STORAGE
BUILDINGS
Staff Report
3.13 Budget Adjustment for County Service Area (CSA) 141 - Mountain View
Subdivision
CSA 141 is located from Messilla Valley Road to approximately one mile north, west
of Pentz Road, and south of Paradise. CSA 141 provides financing for sewer services,
including annual permit fees for mandatory regulatory oversight of the wastewater
treatment and disposal system by the Central Valley Regional Water Quality Control
Board. For Fiscal Year 2022-23, annual permit fees have increased beyond what was
initially budgeted. The Department of Public Works recommends increasing
appropriations in CSA 141 by $2,154 to pay the State Water Resources Control
Board annual permit fees. As a result, the anticipated FY 2022-23 year -ending fund
balance will be reduced by $2,154, from $2,950 to $796. (Public Works)
Action requested - APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED)
Staff Report
3.14 Grant Agreement Amendment with California Department of Parks and Recreation
and Agreement Amendment with Butte Meadows Hillsliders Snowmobile Club
(Hillsliders) for Butte Meadows Winter Recreation
For over 30 years, the California Department of Parks and Recreation Off -Highway
Motor Vehicle Recreation Division's Over -the -Snow Vehicle (OSV) Green Sticker
grant program has assisted with funding winter recreation activities in the Butte
Meadows area. The Hillsliders have performed the OSV grant operations since the
program's inception in 1990. On December 8, 2020, the Board of Supervisors
approved a grant agreement with the California Department of Park and Recreation
for OSV services in Butte Meadows. The term of the grant agreement is February
18, 2021, through September 30, 2024, not -to -exceed $253,360. At the same
meeting, the Board entered into an expense agreement with the Hillsliders to
perform the OSV grant operations, including snow removal and trail grooming. The
term of the expense agreement was December 8, 2020, through August 31, 2024,
not -to -exceed $253,360. The California Department of Parks and Recreation
recently proposed an amendment to the grant agreement to revise the scope of
work to include restroom maintenance and trail clearance; increase the maximum
payable amount by $93,340, not -to -exceed $346,700; and extend the grant
agreement by one year, through September 30, 2025. The Department
recommends amending the grant agreement with the California Department of
Parks and Recreation as proposed and amending the expense agreement with the
Hillsliders to increase the maximum payable amount by $93,340, not -to -exceed
$346,700, and extend the term one year, through August 31, 2025. (Public Works)
Action requested - 1) APPROVE GRANT AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN; AND 2) APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN
Staff Report
3.15 Contracts for On -Call Grant and Project Management Services
On November 14, 2022, the Department of Water and Resource Conservation
issued a Request for Qualifications (RFQ) for on -call grant and project management
services. The RFQ identified that the Department intended on entering into an on -
call contract with one or more qualified firms to provide Groundwater Sustainability
Agency (GSA) administrative services, support of Groundwater Sustainability Plan
implementation activities, or grant and project management services to assist the
Department. These contracts will provide administrative services, project
management, and grant management to assist with the Department's support of
SGMA activities and implementation of current or anticipated grant -funded
projects. On December 19, 2022, the Department received five Statements of
Qualifications, which were evaluated based on experience, capacity, and overall
professional qualifications. The Department recommends the Board of Supervisors
enter into a contract with all five firms: Dudek of Encinitas, Luhdorff & Scalmanini
Consulting Engineers of Woodland, Errol L. Montgomery and Associates, Inc. of
Sacramento, Stantec Consulting Services Inc. of Sacramento, and West Yost
Associates, Inc. of Davis. Three of the contracts are before the Board for execution
with the remaining two expected to be considered at the Board's next meeting. It is
anticipated that funding for any task orders issued to contractor(s) would be
covered by 1) one-time funding from the Department's budget for administration of
the GSAs for the FY 2022-23, 2) grant administration and project management costs
identified in various grant applications, or 3) revenue provided from the GSAs for
SGMA and Groundwater Sustainability Plan compliance. The term of each contract
is Upon Execution through March 1, 2028, not -to -exceed $500,000 for a total
amount of $2,500,000 for on -call services. (Water and Resource Conservation)
Action requested - APPROVE CONTRACTS (3) AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
3.16 Letter in Support of Berry Creek Rancheria Tribal Wildfire Resilience Program
Grant Application
At the request of Berry Creek Rancheria, staff have brought forward a letter in
support of a grant application for wildfire resilience implementation projects that
Berry Creek Rancheria plans to apply for. The grant funds will assist in managing
ancestral lands and establishing wildfire safety within the community. (Other - Berry
Creek Rancheria)
Action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
4. REGULAR ITEMS
4.01 Boards, Commissions, and Committees (List available at
www.buttecounty.net/clerkoftheboard/appoinmentslist)
A. Appointments to Listed Vacancies
B. Board Member / Committee Reports and Board Member Comments
Supervisor Ritter — Toured Oroville Hospital, participated in the Behavioral
Health meeting, attend Vina Ground Water Sustainability Agency (GSA)
planning meeting, attended Long Term Master Plan on Aging Advisory
Council, Air Quality meeting, Resiliency Hub meeting, First Five Commission
meeting, and the memorial for Howard Slater.
Supervisor Connelly — Attended the Cal Local Agency Formation
Commission (LAFCO) Leg meeting, Butte County Association of Government
(BCAG) meeting, Wyandotte Creek Ground Water Sustainability Agency
(GSA) meeting, Feather River Recovery Alliance meetings, and Oroville City
Council meeting,
Chair Kimmelshue — Attended many of the same meetings as fellow
Supervisor, and has been working with Lake Oroville Citizens Advisory
Committee Commission.
Supervisor Teeter — Met with Paradise Park and Recreation District,
attended Rural County Representatives of California (RCRC) Executive
meeting, and met with staff regarding snow event.
Supervisor Durfee — Attended California State Associate of Counties (CSAC)
new supervisor training, and has been working with constituents.
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 (electronically) Diana Dreiss, Jolene Hausman, and John Stonebraker
(in person)
4.03 PG&E Settlement Fund Policy Discussion
Butte County received a $252 million settlement from PG&E to compensate the
County for the impacts of the Camp Fire, which was caused by PG&E's criminal
negligence. The County's net settlement after attorney fees is $206.5 million dollars.
On July 21, 2020, the Board of Supervisors directed the PG&E Settlement Fund
(PG&E Fund) be established and committed to County stability, hazard mitigation,
and disaster recovery. These funds can be used on matters throughout the County,
with priority given to projects in the Camp Fire burn area. The Board has
committed funds to 25 projects for a total of $89 million since adopting the policy.
On September 13, 2022, the Board committed $24 million to finance the
construction of a new building for the Probation Department with all funds plus
interest revolving back to the PG&E Fund over 30 years. Annual interest is
calculated at the average County Treasury Pool rate, which is variable, and
estimated to be $400,000 annually based on the current rate. The first annual
interest payment is due January 1, 2024. During Board deliberation, the Board
requested staff agendize a discussion about committing a portion of the PG&E Fund
to projects and programs in the Camp Fire burn scar. On January 24, 2023, the
Board considered an item to amend the PG&E Fund Policy to establish a cost center
within the PG&E Fund, which would be funded with the interest earned each year
from the Probation Building project and restricted to fund project and program
requests for roadside clearance and maintenance along evacuation routes directly
in, or serving, the Camp Fire burn scar. The Board directed staff to estimate costs for
the Department of Public Works to provide vegetation and brush removal on
evacuation routes. The Department estimates the costs to be $22,000 per mile or
$2.35 million for primary evacuation routes in and around the Camp Fire area. The
roads would be treated over a three year period on a schedule, so the annual costs
would be estimated at $800,000 in perpetuity. A list of the primary evacuation
routes and the estimates costs for vegetation and brush removal along each route is
included with the agenda report for this item. (County Administration)
Action requested - PROVIDE DIRECTION TO STAFF
Staff Report
PowerPoint
Andy Pickett, Chief Administrative Officer, and Shannon Revie-Plum, Managment
Analyst, presented this item to the Board. Matt Michaelis, Deputy Administrative
Officer, spoke to this item.
The following member(s) of the public submitted Public Comment on this item:
John Stonebraker (in person)
Action: PROVIDE DIRECTION TO STAFF
Motion: Supervisor Teeter
Seconded: Supervisor Connelly
Motion passed unanimously
4.04 Budget Adjustment, Revenue Agreement with Business, Consumer Services and
Housing Agency_(BCSH) for Homeless Housing, Assistance, and Prevention (HHAP)
Round 3 Funding, and Expense Contracts
The State of California through BCSH, administers the HHAP Round 3 program to
build on regional coordination and support local jurisdictions to reduce and end
homelessness. The Department of Employment and Social Services, on behalf of
the County and Butte Countywide Continuum of Care (CoQ was awarded HHAP
Round 3 funds to address the homelessness crisis in Butte County. BCSH awarded a
total of $3,663,302, with $915,826 for FY 2021-22 and the remaining $2,747,477 in
the proposed revenue agreement. A majority of total funds will be used for the
expense contracts below. The County issued a request for proposals on September
26, 2022 and received 16 project proposals. The proposals were reviewed by a
panel including representatives from various Butte County agencies and the seven
projects below were selected. The selected projects were reviewed by the CoC: 1)
Catalyst Domestic Violence Services for Permanent Housing Search for Survivors
($252,000); 2) Chico Housing Action Team for Marigold Housing Program
($550,000); 3) City of Chico for Street Outreach and Emergency Shelter ($500,000);
4) Jesus Provides Our Daily Bread for Renewal Center Emergency Family Shelter
Program ($400,000); 5) Safe Space Winter Shelter, Inc. for Outreach and
Engagement ($208,560); 6) True North Housing Alliance, Inc. for Torres Community
Shelter and Navigation Center Program ($562,834); 7) Youth for Change for Youth
Permanent Housing ($401,477). The Department recommends entering into an
agreement with BCSH for the remaining HHAP Round 3 funds, and entering into
contracts with providers above for homeless support and services. The term for the
revenue agreement is upon BCSH approval through December 31, 2026. The term
for the expenditure contracts is March 1, 2023 through June 30, 2026, except for
the City of Chico, for which the term is July 1, 2023 through June 30, 2026. The
expenditure contracts shall not exceed $2,874,871. The Department also
recommends approving a budget adjustment in the amount of $1,118,947 for fiscal
year 2022-23. (Employment and Social Services)
action requested - 1) APPROVE REVENUE AGREEMENT AND AUTHORIZE THE
DIRECTOR OF EMPLOYMENT AND SOCIAL SERVICES TO SIGN INCLUDING ALL
RELATED DOCUMENTS; 2) APPROVE CONTRACTS (7), AND AUTHORIZE THE CHAIR
TO SIGN; AND 3) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED)
Staff Report
PowerPoint
Briana Harvey -Butterfield, Housing and Homeless Administrator, presented this
item to the Board.
No public comment was submitted for this item.
Action: 1) APPROVE REVENUE AGREEMENT AND AUTHORIZE THE DIRECTOR OF
EMPLOYMENT AND SOCIAL SERVICES TO SIGN INCLUDING ALL RELATED
DOCUMENTS; 2) APPROVE CONTRACTS (7), AND AUTHORIZE THE CHAIR TO SIGN;
AND 3) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED)
Motion: Supervisor Ritter
Seconded: Supervisor Durfee
Motion passed unanimously
4.05 2022 Fire Prevention and Inspection Review
On January 26, 2021, the Board of Supervisors approved Chapter 38A Fire
Prevention and Protection ordinance updates adding additional wildfire safety
requirements and provided direction to implement a program to enforce the
ordinance in an effort to mitigate the impacts of future wildfires to Butte County
communities. The Butte County Fire Department and Department of Development
Services implemented a defensible space and hazardous vegetation reduction
inspection and enforcement program per Board direction. Funding is provided by
the 2017 Honey Fire settlement with Pacific Gas and Electric and a FEMA fire
prevention and safety grant award to the fire department. This presentation is to
provide a review of the 2022 inspections and overall update on the program. (Fire)
Action requested - ACCEPT FOR INFORMATION
Staff Report
Power Point
Fire Chief Garrett Sjoland, and Paula Daneluk, Director of Development Services,
presented this item to the Board.
The following member(s) of the public submitted Public Comment on this item:
John Stonebraker (in person)
Action: ACCEPT FOR INFORMATION
4.06 Enforcement of the Butte County Medical Marijuana Ordinance (Chapter 34A) and
the Butte County Non -Medical Marijuana Ordinance (Chapter 34C) of the Butte
County Code
The Department of Development Services is charged with the enforcement of
Chapter 34A and Chapter 34C of the Butte County Code. The codes outline a
complaint -driven civil process to remedy nuisances related to marijuana cultivation.
Under the State Health and Safety Code section 11358(c) each person 18 years of
age or over who plants, cultivates, harvests, dries, or processes more than six living
cannabis plants shall be punished by imprisonment in a county jail for a period of
not more than six months or by a fine of not more than five hundred dollars or by
both. The State law does not require a complaint -driven enforcement process. The
Department of Development Services has prepared a presentation to discuss the
complaint process and receive direction regarding enforcement of Chapter 34A and
Chapter 34C to deter large and egregious illegal commercial marijuana grows.
(Development Services)
Action requested - PROVIDE DIRECTION TO STAFF
Staff Report
Power Point
Paula Daneluk, Director of Development Services, and Chris Jellison, Code
Enforcement Manger, presented this item to the Board. Mike Ramsey, District
Attorney, spoke to this item.
The following member(s) of the public submitted Public Comment on this item:
John Stonebraker (in person)
Action: PROVIDE DIRECTION TO STAFF
4.07 Exploratory Well Use Complaint Process
In May 2022, during marijuana nuisance abatement hearings, the Board of
Supervisors directed staff to provide information regarding the complaint process
for exploratory well use under existing guidelines and a discussion on the inclusion
of Butte County Code Enforcement Officers as the complaining party for wells
identified during abatement for illegal cannabis complaints. The Department of
Public Health has prepared a presentation outlining the details requested. (Public
Health)
Action requested - ACCEPT FOR INFORMATION
Staff Report
PowerPoint
DeAnne Blankenship, Assistant Director Public Health, introduced the item.
Elaine McSpadden, Environmental Health Division Manager, and Nikolay
Ostrovskiy, Program Manger, presented this item to the Board. Danette York,
Director of Public Health, spoke to this item.
The following member(s) of the public submitted Public Comment on this item:
John Stonebraker (in person)
Action: ACCEPT FOR INFORMATION
4.08 Agricultural Hoop Structure One Year Update
On January 11, 2022, the Board of Supervisors approved staff to implement a
simplified permit process for pre -manufactured agricultural hoop structures of a
limited size. The Board also directed staff to provide a one year update. Since
implementing the new simplified permit process in 2022, the Department of
Development Services processed one permit for a pre -manufactured agricultural
hoop structure. The Department will provide a brief review of the definition and
current permit requirements for pre -manufactured agricultural hoop structures.
(Development Services)
Action requested - ACCEPT FOR INFORMATION
Staff Report
Efrain Ruvalcaba, Building Division Manager, and Paula Daneluk, Director of
Development Services, presented this item to the Board. Curtis Johnson,
Assistant Director of Development Services, and Louie Mendoza, Agricultural
Commissioner/Director of Weights & Measures, spoke to the item.
No public comment was submitted for this item.
Action: ACCEPT FOR INFORMATION
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. 9:30 AM - Timed Item - Application for Outdoor Festival License for Wildflower
Open Classroom (MISC23-0003 - Wildflower Open Classroom Fundraiser),
Wildflower Open Classroom has submitted an application for an Outdoor Festival
License per Chapter 12, Article III. Outdoor Festivals. The festival is proposed for
one day, Saturday, May 6, 2023 from 12:00 p.m. to 8:30 p.m. The applicant
anticipates a maximum of 1,200 attendees. The festival site is located at 2500 Estes
Road (the end of Estes Road), south and west of Chico (APN 039-410-032) with
parking on an adjacent parcel (APN 039-410-039). The benefit concert fundraiser is
proposed as a family -oriented fundraiser for a public charter school featuring live
music performances and children's' 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, and outreach to California Highway Patrol, traffic
control, dust control, and insurance requirements. (Development Services)
Action requested - FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER
SECTION 15304(E) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND
APPROVE THE APPLICATION FOR AN OUTDOOR FESTIVAL LICENSE (MISC23-0003),
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.
No public comment was submitted for this item.
Action: FIND THE FESTIVAL TO BE CATEGORICALLY EXEMPT UNDER SECTION
15304(E) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVE THE
APPLICATION FOR AN OUTDOOR FESTIVAL LICENSE (MISC23-0003), SUBJECT TO
THE RECOMMENDED CONDITIONS
Motion: Supervisor Teeter
Seconded: Supervisor Connelly
Motion passed unanimously
5.02. 9:40AM - Timed Item - Priority County Projects for Community Project Funding
(CPF) and other Funding Opportunities
Congress established the Community Project Funding (CPF) in federal fiscal year
(FFY) 2022 and continued it for FFY 2023. The funding was previously referred to as
earmarks. The process provides funding directly to certain local projects in the
annual federal appropriations bills each year. The Veterans Memorial Park for all of
Butte County in Oroville was funded in FFY 2022 and the Cohasset Road Widening
and Fire Safety Project and the Palermo Drinking Water Project were both funded in
FFY 2023. Staff is waiting to receive the funding from FFY 2022 and awaiting
programs guidelines for the projects funded in FFY 2023. Both Senator Feinstein
and Senator Padilla announced their internal due dates for consideration of project
funding (earmarks) in the FY 2024 appropriations process. Projects are due to
Senator Padilla by March 3, 2023 and to Senator Feinstein by March 13, 2023.
Senator Feinstein released Fiscal Year 2024 Senate Appropriations Committee
Congressionally Directed Spending Guidance, which is included with the full agenda
packet for this item. Congressman LaMalfa announced he is accepting project
submissions, but a deadline has not been set for the House of Representatives. The
deadline will likely be in the next few weeks. Congressional representatives were
limited in the number of projects they could submit in prior fiscal years. The federal
government has also made new funding available for projects in a wide variety of
areas such as infrastructure, water management, and wildfire mitigation. Staff
brings this item before the Board of Supervisors for consideration for the CPF and in
consideration of the potential new federal funding available for various projects.
Staff recommends the Board of Supervisors consider the list of priority projects
identified by Board Members and departments and direct staff to work with
Congressman LaMalfa, Senator Feinstein, and Senator Padilla to seek funding
through the CPF for the projects that best align with legislator's priorities. Staff will
work with the Ferguson Group to identifying potential federal funding for projects
not funded by the CPF in FFY 2024 and will continue internal efforts to identify
funding for disaster recovery and mitigation projects. (County Administration)
Action requested - PROVIDE DIRECTION TO STAFF TO SEEK FUNDING FOR
IDENTIFIED PROJECTS AND SEND LETTERS OF SUPPORT SIGNED BY THE CHAIR AS
NEEDED FOR THE CPF PROCESS
Staff Report
Casey Hatcher, Deputy Administrative Officer, and Kristi Moore, The Ferguson
Group, virtually presented this item to the Board.
No public comment was submitted for this item.
Action: PROVIDE DIRECTION TO STAFF TO SEEK FUNDING FOR IDENTIFIED
PROJECTS AND SEND LETTERS OF SUPPORT SIGNED BY THE CHAIR AS NEEDED FOR
THE CPF PROCESS
Motion: Supervisor Connelly
Seconded: Supervisor Durfee
Motion passed unanimously
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 Casey Hatcher Employee
Organizations: Teamsters - General Unit; Teamsters - Social Services Workers' Unit;
Butte County Management Employees Association; Butte County Probation Peace
Officers Association; Butte County Probation Peace Officers Association -
Management Unit; Butte County Professional Employees' Association; Butte
County Deputy Sheriff's Association - General Unit; Butte County Deputy Sheriff's
Association - Management/Supervisory Unit; Butte County Correctional Officers
Association - General Unit; Butte County Correctional Officers Association -
Supervisory Unit; UPEC Local 792 - Skilled Trades Unit; Butte County Deputy
District Attorneys Association - Attorney Unit; Confidential Unit; Non -Represented
Unit; Board of Supervisors Executive Assistants
6.03 Initiation of litigation pursuant to Gov. Code Sec. 54956.9(d)(4) - one potential
case.
Board voted unanimously to join a motion to intervein in the lawsuit Forest
Service Employees for Enviromental Ethics versus United States Forest Services
case CV00168 United States District Court for the District of Montana.
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