HomeMy WebLinkAboutM08.08.23ANDY PICKETT,
CHIEF ADMINISTRATIVE
OFFICER
CLERK OF THE BOARD
BUTTE COUNTY
BOARD OF SUPERVISORS MEMBERS OF THE
BOARD
Regular Meeting Agenda
BILL CONNELLY,
DISTRICT
August 8, 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
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1. CALL TO ORDER
Pledge of Allegiance
Observation of a Moment of Silence
2A. CORRECTIONS AND/OR CHANGES TO THE AGENDA
Item 3.07 was removed from the agenda to come at a later date.
Item 4.05 was removed from the agenda to come at a later date.
2B. ANNOUNCEMENT(S) OF RECUSAL
None
3. CONSENT AGENDA
A. Supervisor Comments on Consent Agenda Items
Item 3.08 was pulled from the Consent Agenda and placed on the Regular Agenda
for further Board consideration and discussion.
B. Adopt Consent Agenda
Action: Approve the Consent Agenda with the exception of item 3.07, which was
pulled for a later date, and 3.08, which was pulled from the Consent Agenda and
placed on the Regular Agenda for further consideration.
Motion: Supervisor Teeter
Seconded: Supervisor Connelly
Motion passed unanimously
3.01 Resolution Recognizing 2023 as the 30th Anniversary of Habitat for Humanity of
Butte County _(Habitat)
Habitat began its affordable homeownership housing efforts in 1993, and has, with
its programs, prospective home owners, donors, and volunteers, built 48 energy
efficient homes, 13 of those since the Camp Fire. Habitat has served 63 adults who
raised 94 children in homes they can afford and thrive in, many of whom pledged
their labor and commitment to building and maintaining those homes. Additionally,
Habitat's Restore has generated over $1 million in net proceeds to support the
mission of building affordable homes for home ownership in Butte County. On July
19, 2023, Assemblyman James Gallagher announced he secured $1M in the state
budget to support Habitat, specifically two affordable housing projects in Chico and
Paradise to help rebuild and revitalize our communities. Butte County
Administration recommends Habitat be recognized and appreciated for 30 years of
service to our community who, along with the Restore and thousands of business
and community members, continues to make invaluable contributions to improve
the quality and character of our county. (County Administration)
Action requested - ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
Resolution 23-084
Supervisor Teeter read the resolution and Terri DuBose, District Representative of
Congressman Doug LaMalfa, spoke on the item. Representatives from the
Habitat for Humanity Butte County accepted the resolution and spoke.
3.02 Contract with Russell Gallaway Associates, Inc. (RGA) for Feasibility Studies for the
Community Development Block Grant -Disaster Recovery (CDBG-DR) Infrastructure
Program (INF)
The Department of Housing and Urban Development allocated $1 billion in CDBG-
DR funding related to two 2018 Federal Emergency Management Agency Major
Disaster Declarations. The California Department of Housing and Community
Development (HCD) is the grantee for the CDBG-DR funds. HCD allocated Butte
County $72,722,679 for DR -Infrastructure projects. The Master Standard
Agreement (MSA), 18-DRINFRA 180001, was signed on June 21, 2023. On October
25, 2022, the Board of Supervisors approved Resolution No. 22-155 authorizing
staff to execute and deliver all project applications under the MSA. These projects
may include roads, facilities, and sewage treatment facility improvements. In
preparation to submit the applications under the MSA, feasibility studies are
needed for the facilities projects. A Request for Proposals for Feasibility Studies was
issued on April 26, 2023, and the County received proposals from The Dore Group
of San Diego and RGA of Chico. The selection committee comprised of
representatives from the Department of General Services, Behavioral Health and
County Administration selected RGA as the most qualified respondent. County
Administration recommends entering into a contract with RGA for feasibility
studies. The term of the contract is August 8, 2023 through February 8, 2025, not -
to -exceed $63,840. (County Administration/General Services)
Action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
3.03 Resolution Proclaiming August 2023 as Child Support Awareness Month
Children who are supported by their parents are more likely to perform better in
school, have improved emotional development, and a stable home life. Governor
Newsom has shown his support for this important cause by issuing a letter
celebrating August 2023 as Child Support Awareness Month. To help celebrate, the
Butte County Department of Child Support Services is recommending that the
Board of Supervisors adopt a resolution proclaiming August 2023 as Child Support
Awareness Month in Butte County. This resolution encourages parents to come into
the Department and work with staff to explore options for modification of orders if
needed, repayments plans, license releases, employment resources, or to
determine if they qualify for a compromise of an overdue balance. (Child Support
Services)
Action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
Resolution 23-085
Supervisor Ritter read the resolution and Sean Ferrell, Director of Child Support
Services, spoke and accepted the resolution.
3.04 Agreement and Certification with United States Department of Justice (DOJ) for
Federal Equitable Sharing Program
The District Attorney's Office participates in the Federal Equitable Sharing Program.
The DOJ Asset Forfeiture Program is a nationwide law enforcement initiative that
removes the tools of crime from criminal organizations, deprives wrongdoers of the
proceeds of the crimes, recovers property that may be used to compensate victims,
and deters crime. An Equitable Sharing Agreement and Certification is required
annually to be filed with the DOJ. The report for Fiscal Year 2022-23 has been
prepared and summarizes program expenditures and revenues. In FY 2022-23 the
Department received $3,404 and $92,264 was expended to maintain computer
software for the Department's case management system. The Department
recommends that the Board of Supervisors approve the Equitable Sharing
Agreement and certification, authorize the Chair to sign and authorize electronic
submission. (District Attorney)
Action requested - 1) APPROVE THE EQUITABLE SHARING AGREEMENT AND
CERTIFICATION AND AUTHORIZE THE CHAIR TO SIGN; AND 2) AUTHORIZE
ELECTRONIC SUBMISSION
Staff Report
3.05 Real Estate Fraud Annual Report for FY 2022-23
Pursuant to Government Code section 27388, and Board of Supervisors Resolution
08-156, a fee is paid at the time of recording certain real estate documents for the
purpose of providing funds for the District Attorney to deter, investigate, and
prosecute real estate fraud through the Real Estate Fraud Investigation and
Prosecution Program. In accordance with annual reporting requirements, the
District Attorney's Office submits its annual report to the Board regarding the
effectiveness of the Real Estate Fraud Investigation and Prosecution Program.
(District Attorney)
Action requested - ACCEPT FOR INFORMATION
Staff Report
3.06 Budget Adjustment and Revenue Agreement with Business, Consumer Services
and Housing Agency_(BCSH) for Encampment Resolution Funding Program Round
2, Rolling Disbursement (ERF-2-R)
The State of California, through BCSH, administers the ERF-2-R program for people
residing in encampments. The Department of Employment and Social Services was
awarded ERF-2-R funds to permanently house encampment residents of two
identified encampments through rental assistance and outreach support. BCSH
awarded a total of $1,075,300 to be expended by March 31, 2027. A majority of
funds will be used for permanent housing and supports as well as personnel costs.
The Department is working alongside the Departments of Behavioral Health,
Development Services, Probation, and the Sheriff's Office to support the
unsheltered homeless residing in these encampments. The Department
recommends the Board of Supervisors approve a revenue agreement with BCSH for
ERF-2-R funds and authorize the Director of Employment and Social Services to sign
all related documents. The term for the agreement is upon BCSH approval through
March 31, 2027 and the maximum amount receivable of $707,950. Additionally, the
Department recommends the Board adopt a resolution amending the Salary
Ordinance to add one sunset Housing Navigator, term ending August 31, 2025, and
approve a budget adjustment. (Employment and Social Services)
Action requested - 1) APPROVE REVENUE AGREEMENT AND AUTHORIZE THE
DIRECTOR OF EMPLOYMENT AND SOCIAL SERVICES TO SIGN ALL RELATED
DOCUMENTS; 2) ADOPT RESOLUTION AMENDING THE SALARY ORDINANCE AND
AUTHORIZE CHAIR TO SIGN; AND 3) APPROVE BUDGET ADJUSTMENT (4/5 VOTE
REQUIRED)
Staff Report
Resolution 23-086
3.07 Resolution and Cooperative Agreement with California Department of Forestry
and Fire Protection (CAL FIRE) for Fire Protection Services
The County enters into a cooperative agreement annually with CAL FIRE to staff the
Butte County Fire Department, which provides fire protection services in the
unincorporated areas of Butte County. The Cooperative agreement provides
efficient, effective emergency services that takes advantage of economies of scale.
The County has had a cooperative agreement with CAL FIRE since 1931. The term of
the agreement is July 1, 2023 through June 30, 2024 with a maximum payable
amount of $19,050,811 included within the adopted budget. (Fire)
Action requested - 1) ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN; AND 2)
APPROVE COOPERATIVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
Staff Report
This item was removed from the agenda to come at a later date.
3.08 Change Order Ratifications and Notice of Completion for the Butte County
Evidence Storage and Morgue Project
On October 27, 2020, the Board of Supervisors awarded a contract to D.H. Slater &
Son, Inc. in the amount of $7,298,000 for the construction of a 10,480 square foot
Evidence Storage and Morgue (ESM) facility. The overall project budget of $14
million is made up of $12 million in debt financing from (Bank and $2 million in cash
injection. The County's loan repayment sources include Criminal Justice Facilities
Construction Fund, Sheriff Facilities Development Impact Fees and the Sheriff's
Office Operating Budget. On September 28, 2021, the Board reviewed the project
budget, the construction change orders #1-32 and approved change order #33 for
$1,817,725. Change order #33 allowed for the constructions of a secondary
evidence storage area including an 8,000 square foot building and 5,000 square feet
of secure exterior storage as part of the ESM Project. Through the remainder of
construction, the Department of General Services has executed change orders #1
through #32 and #34 through #88 totaling $908,566 to complete the project. The
work has been inspected and approved by the Departments of General Services and
Development Services. The Department of General Services recommends that the
Board of Supervisors ratify change orders #1 through #32 and change orders #34
through #88 that were previously executed by General Services, accept the work as
complete and execute the Notice of Completion. (General Services/Sheriff)
Action requested - 1) RATIFY CHANGE ORDERS #1 THROUGH #32 AND #34
THROUGH #88; 2) ACCEPT THE CONTRACT WORK AS COMPLETE; AND 3)
AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION
Staff Report
This item was removed from the Consent Agenda and placed on the Regular
Agenda for further consideration at the request of Supervisor Ritter.
3.09 Contract with Northern Valley Catholic Social Service (NVCSS) for Weekly Life Skills
Interactive Groups at Juvenile Detention Facility
NVCSS provides after school programs and activities to at -risk youth and families of
the Butte County Juvenile Hall, as well as the community, in an effort to decrease
crime and delinquency. Programs offered include weekly life skills interactive groups
which focus on a range of topics. These topics include, substance use and abuse;
social responsibility; cultural diversity; sex and health education; teen parenting and
life skills; and drug and alcohol education. NVCSS was founded in 1986 and provides
more than 60 services over six northern California counties; serving up to 100
children, 200 youth and 1,000 families each year. NCVSS has collaborated with the
Department and provided services since 2001. The Department recommends the
Board of Supervisors approve a contract with NVCSS for continued services. The
term of the contract is the date of execution through June 30, 2026, not -to -exceed
$150,000 ($50,000 per fiscal year). (Probation)
Action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
3.10 Resolution approving Pine Grove Youth Conservation Camp (PGYCC) Services
PGYCC has operated since 1945, providing rehabilitation and re-entry services to
participants through therapy, training and teamwork. The program is designed to
help participants transition successfully to the community upon discharge, with
mentors and life coaches connecting with participants through treatment programs
that address childhood trauma using education, individual mentorship, and group
therapy. Services include housing, care and fire -fighting training provided by CAL
FIRE. PGYCC serves a maximum of 100 youth. CDCR jointly operates PGYCC and it is
the only youth fire -fighting camp. On June 27, 2023 the Board of Supervisors
approved an agreement with CDCR, to provide services to eligible participants. The
term of the agreement is June 27, 2023 through June 30, 2025, not -to -exceed
$41,180. CDCR requires a Board Resolution to execute the agreement. The
Department recommends that the Board adopt a Resolution approving Pine Grove
Youth Conservation Camp services and authorize the Chair to sign. (Probation)
Action requested - ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
Resolution 23-088
3.11 Grant Agreement with California Department of Public Health (CDPH) for
Supplemental Nutrition Assistance Program -Education (SNAP -Ed) through the
CalFresh Healthy Living Program
The Department of Public Health has received grant funding from CDPH to provide
SNAP -Ed allowable nutrition education and obesity prevention activities for low-
income Butte County residents through the CalFresh Healthy Living Program. The
focus of the program is health promotion and community change efforts to help
eligible residents establish healthy eating habits and a physically active lifestyle for
primary prevention of disease. The Department has participated in providing SNAP -
Ed nutrition education and obesity prevention activities since 2012. The
Department recommends the Board of Supervisors approve a grant agreement with
CDPH to provide services through CalFresh Healthy Living Program. The term of the
grant agreement is October 1, 2023 through September 30, 2026, with a maximum
amount receivable of $1,414,012. (Public Health)
Action requested - APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN
Staff Report
3.12 Contract with VSS International for the Fiscal Year (FY) 2023-24 Pavement
Preservation Project
On February 14, 2023, the Board of Supervisors authorized the Department of
Public Works to advertise and solicit bids for the construction of projects included in
the 2023 Public Works Infrastructure Master Plan (IMP). The project will consist of
various surface treatments on roads throughout Butte County. Several minor
changes are noted between the 2023 IMP and the proposed contract. With several
roads previously scheduled in 2023 unable to move forward this year, the
Department advanced portions of Palermo Road from 2026 into this year's
program. Several other roads - including roads in the Richvale community and
portions of Durham Dayton Highway at State Route 99 - were originally scheduled
for completion in 2022 program but not completed. The project was advertised on
June 7, 2023, and the lowest responsive and responsible bidder was VSS
International of West Sacramento, California, with a bid amount of $954,459. The
Department recommends that the Board award the contract to VSS International
and authorize the Director of Public Works to sign the contract and order changes
or additions in work performed per Public Contract Code Section 20142. (Public
Works)
Action requested - 1) AWARD THE CONTRACT TO VSS INTERNATIONAL; 2) APPROVE
THE SPECIFICATIONS; AND 3) AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
SIGN THE CONTRACT AND ORDER CHANGES PER PUBLIC CONTRACT CODE SECTION
20142
Staff Report
3.13 Contract with the Butte Environmental Council for Public Outreach and Education
Services for the Neal Road Recycling and Waste Facility
On May 16, 2023, the Department of Public Works released a Request for Proposals
seeking public education and outreach services for education on recycling, solid
waste, and household hazardous waste management. The Department received
one response from a local non-profit organization, Butte Environmental Council
(BEC) of Chico, California. Upon conclusion of the review process, it is determined
that BEC meets the qualifications and experience to be awarded the project. BEC's
work compliments the Department's efforts in education and outreach on a wide
range of recycling and waste reduction subjects. Outreach will include in -classroom
presentations at local schools and used oil recycling education programs in high
school auto shops. The Department recommends the Board of Supervisors approve
a contract with BEC for public education and outreach services. The contract term
is August 8, 2023, through August 8, 2028, not to exceed $150,000. (Public Works)
Action requested -APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
3.14 Capital Asset Purchase for a Forest Bucket Truck
The Department's FY 2023-24 budget included capital asset authority for
purchasing a forest bucket truck. The anticipated cost for the truck increased from
$153,100 to $191,904 since it was initially programmed in the budget. The
increased price exceeds the capital asset authority previously granted to the
Department for the purchase. The Department plans to remove the purchase of a
$75,000 full size pick-up in FY 2023-24 to offset the increased costs for the forest
bucket truck. The Department recommends the Board approve capital asset
authority of $191,904 to purchase the forest bucket truck. (Public Works)
Action requested - APPROVE CAPITAL ASSET PURCHASE
Staff Report
3.15 Accept Equipment Donation from Butte County Search and Rescue
Butte County Search and Rescue recently acquired a 2010 Tucker 2000XL Sno-Cat
(VIN 2010R394) with a value of $112,785 and would like to donate it to the Sheriff's
Office. Search and Rescue will use the equipment to assist the Sheriff's Office when
responding to calls for service. The Sheriff's Office will assume the cost to maintain
and insure the equipment. The Sheriff's Office recommends accepting the donation
of the Sno-Cat as a capital asset. (Sheriff)
Action requested - ACCEPT DONATION
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 Oroville Cemetery District (District)
The District is an independent special district of the State of
California, formed under Health & Safety Code, by approval of the
Butte County Board of Supervisors in 1928 to provide a respectful,
low-cost place of burial to meet the needs of the diverse, local
communities of Oroville, Palermo, Thermalito, and the surrounding
areas. The District owns and maintains the Memorial Park Cemetery,
the Oroville Cemetery, the Jewish Cemetery, and Wyandotte
Cemetery. The District is managed by five trustees appointed by the
Board of Supervisors, who serve four-year terms. Supervisor
Connelly is requesting the reappointment of Mark Wisterman to the
Oroville Cemetery District with a term ending August 8, 2027. (Other
- Oroville Cemetery District)
Action requested - REAPPOINT MARK WISTERMAN TO THE
OROVILLE CEMETERY DISTRICT WITH A TERM ENDING AUGUST 8,
2027
Staff Report
Shaina Paulsen, Associate Clerk of the Board, presented this item
to the Board.
No Public Comment was received for this item.
Action: REAPPOINT MARK WISTERMAN TO THE OROVILLE
CEMETERY DISTRICT WITH A TERM ENDING AUGUST 8, 2027
Motion: Supervisor Connelly
Seconded: Supervisor Durfee
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 Ritter — attended the COC meeting, attended the Butte County
Air Quality agenda review, attended Sacramento Valley Basin Wide Air
Pollution meeting, attended the First 5 Executive Committee meeting,
toured a local constituent's property, and attended a Cohasset Bazaar music
festival
Supervisor Connelly — attended the Wyandotte GSA meeting, met with
Citizens Advisory Group regarding Oroville Dam safety, attended the Local
Agency Formation Commission (LAFCO) meeting, attended the State LAFCO
meeting, attended two Berry Creek public meetings regarding insurance,
attended a meeting with the City of Oroville with much cooperation from
the Mayor and City Council and celebrated a birthday.
Supervisor Durfee — attended a presentation on Tuscan Water District, met
with constituents regarding filling District 2 position for the Library Board,
attended a bunch of National Night Out events in the community, attended
the National Rifle Association (NRA) dinner in Chico, met with a constituent
regarding their property.
Supervisor Teeter — watched a webinar from the Insurance Commissioner,
Rural County Representatives of California (RCRC) formed an insurance ad
hoc which Supervisor Teeter is the Chair and met with CA Fair Plan and will
meet with more folks on the subject of obtaining home owners insurance,
met with a representative of a company that provides contracts for disaster
services, spoke at the Upper Ridge Community Council (URCC) meeting in
Magalia, attend the Fire Safe Council board meeting, met with the Camp
Fire Collaborative, announced the ribbon cutting for Paradise High School 5-
8pm August 9, 2023.
Chair Kimmelshue — attended National Night out events in Durham, Biggs
and Gridley, attended the Vina Ground Water Agency meeting, and the
Wyandotte Ground Water Agency meeting.
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:
William Monroe, Ben Greenleaf, Diana Dreiss, Twofeathers Reed, and Chris
Nickelawson (in person) Diana Dreiss (electronically)
4.03 Agreement with Aegis Treatment Centers, LLC (Aegis) for Narcotic Replacement
Therapy_(NRT).
Aegis operates one of the largest networks of narcotic treatment programs (NTP) in
the nation. Aegis' goal is to support the successful recovery of clients and improve
the quality of lives through the provision of evidence -based comprehensive
treatment. To receive NRT in a licensed NTP, all clients are required to participate in
a comprehensive treatment program which includes a medical evaluation and
screening for diseases that are over represented in the opiate -addicted population.
Clients are evaluated and provided counseling for medical, alcohol, criminal, and
psychological problems. Aegis currently has licensed capacity to serve up to 580
clients at any given time. The Department of Behavioral Health recommends the
Board of Supervisors approve an agreement with Aegis to provide NRT services in
the current fiscal year. The term of the agreement is July 1, 2023 through June 30,
2024, not -to -exceed $2,416,047. The agreement includes language to bridge the
provision of services from July 1, 2023 until the execution of the contract. The
agreement is not specifically measured in terms of number of clients served, as the
length of services vary based on each client's specific needs. This is a State -
mandated service. (Behavioral Health)
Action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
Scott Kennelly, Director of Behavioral Health, presented this item to the Board.
No Public Comment was received for this item.
Action: APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
Motion: Supervisor Ritter
Seconded: Supervisor Durfee
Motion passed unanimously.
4.04 Opioid Distributor Settlement and Spend Plan Proposal
In 2021, nationwide settlements were reached to resolve opioid litigation brought
by states and local political subdivisions against three of the largest pharmaceutical
distributors and against manufacturer Janssen Pharmaceuticals, Inc. and its parent
company Johnson & Johnson. The Distributors will pay up to $26 billion over 18
years. In 2022, states and local governments were provided the opportunity to "opt
in." Currently, Butte County is expected to receive approximately $1.3 million in
year one and $1.8 million in year two. Payment amounts for years 3-18 will be
released annually, and are likely to be less than the first two years. The settlement is
structured to create an incentive for all entities that have a claim to participate so
that the settling companies can achieve final resolution of all claims. Due to this
structure, the payments in year one and year two are based on a 100% participation
rate. It is unlikely that 100% will actually be achieved, so future payments for years
3-18 will be reduced to credit the expected initial overpayment. There are
restrictions on how the Opioid settlement funds may be spent, including restrictions
that require no less than 50% of the funds be used for one or more of the High
Impact Abatement Areas developed by the State Department of Health Care
Services (DHCS). DHCS is the oversight entity for compliance with funding
restrictions, stakeholder engagement, and annual reporting. The Departments of
Administration, Behavioral Health, Public Health and the Sheriff's Office have
prepared a presentation that will outline High Impact Areas, approved uses and
core strategies, and a proposed spend plan for Opioid Settlement funding. The
Departments recommend the Board of Supervisors approve the spend plan and
authorize the Director of Behavioral Health to submit the plan to DHCS. (County
Administration/Behavioral Health/ Sheriff/Public Health)
Action requested - APPROVE THE SPEND PROPOSAL FOR OPIOID SETTLEMENT AND
AUTHORIZE THE DIRECTOR OF BEHAVIORAL HEALTH TO DEVELOP AND SUBMIT A
SPEND PLAN TO DHCS
Staff Report
PowerPoint
Danielle Nuzum, Deputy Chief Administrative Officer, and Scott Kennelly, Director
of Behavioral Health, presented this item to the Board. Sheriff Kory Honea spoke
to this item.
No Public Comment was received for this item.
Action: APPROVE THE SPEND PROPOSAL FOR OPIOID SETTLEMENT AND
AUTHORIZE THE DIRECTOR OF BEHAVIORAL HEALTH TO DEVELOP AND SUBMIT A
SPEND PLAN TO DHCS
Motion: Supervisor Connelly
Seconded: Supervisor Ritter
Motion passed unanimously.
4.05 Budget Adjustment with General Fund Appropriation for Contingencies -
Reimbursement of North Valley Animal Disaster Group Camp Fire Expenses
During the Camp Fire response the North Valley Animal Disaster Group (NVADG)
provided support to the County's animal sheltering operations. Most work done
during animal sheltering operations is eligible for FEMA reimbursement. However,
there must be policy in place and documentation of costs must be in accordance
with local policy. During the chaos of animal sheltering operations, NVADG operated
outside local policy while incurring eligible costs. Because these costs were not
tracked by the Emergency Operations Center, they did not get included in the FEMA
reimbursement submittal. After the full documentation was submitted by NVADG
to the County, a combination of staffing changes, COVID 19, and the North Complex
Fire led to loss of the documentation. FEMA submittal deadlines have passed and
these costs are no longer eligible for federal reimbursement. The loss of over
$250,000 in expenses by NVADG has put the non-profit in a dire financial situation.
Because NVADG is a critical partner and has provided invaluable support during
disasters in Butte County, the Office of Emergency Management (OEM) has worked
with NVADG to rebuild the documentation package, determining that NVADG
incurred $199,046 in eligible costs that were directly related to their support of
animal rescue operations for the Camp Fire. The Camp Fire was an unprecedented
event and actions taken were done with the best interest of the public in mind.
However, response to one disaster should not create another. OEM has worked with
all involved to ensure these actions are not repeated. Changes to policy have been
made ensuring clear delineation of responsibility, unequivocally stating expenses
incurred outside of policy will not be reimbursed. As the County has a new
memorandum of understanding with NVADG outlining these changes and clearly
defining future expectations, OEM recommends the Board approve reimbursement
of $199,046 to NVADG in Camp Fire related costs from General Fund Contingencies
reducing the estimated General Fund Contingency to $8,094,544 (County
Administration)
Action requested - APPROVE REIMBURSEMENT OF NVADG CAMP FIRE COSTS IN THE
AMOUNT OF $199,046 FROM THE GENERAL FUND CONTINGENCIES
Staff Report
This item was removed from the agenda to come at a later date.
4.06 CalPERS Health Termination Resolution for the Skilled Trades Unit
The majority of the employees in the Skilled Trades Unit voted to terminate their
membership with CalPERS Health and affiliate with Teamsters Health Insurance.
With this vote, CalPERS requires a resolution terminating the unit from CalPERS
health for the upcoming calendar year. This resolution needs to be adopted by the
Board of Supervisors no later than September 19th. Adopting this resolution within
CalPERS required timelines will allow these groups to have access to Teamsters
health insurance effective January 1, 2024. (Human Resources)
Action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
Resolution 23-089
Sheri Waters, Director of Human Resources, presented this item to the Board.
No Public Comment was received for this item.
Action: ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN
Motion: Supervisor Ritter
Seconded: Supervisor Durfee
Motion passed unanimously.
4.07 CalPERS Health Termination Resolution for the Teamsters Mid -Management Unit
The majority of the employees in the Teamsters Mid -Management Unit voted to
terminate their membership with CAPERS Health and move to Teamsters Health
Insurance. With this vote, CalPERS requires a resolution terminating the unit from
CalPERS health for the upcoming calendar year. This resolution needs to be adopted
by the Board of Supervisors no later than September 19th. Adopting this resolution
within CalPERS required timelines will allow these groups to have access to
Teamsters health insurance effective January 1, 2024. (Human Resources)
Action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
Resolution 23-090
Sheri Waters, Director of Human Resources, presented this item to the Board.
No Public Comment was received for this item.
Action: ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN
Motion: Supervisor Ritter
Seconded: Supervisor Connelly
Motion passed unanimously.
4.08 Contract with Knife River Construction for the Forbestown Road Rehabilitation
Project
On February 14, 2023, the Board of Supervisors authorized the Department of
Public Works to advertise and solicit bids for the construction of projects included in
the Public Works Infrastructure Master Plan (IMP). The project will consist of
removing damaged asphalt and installing new asphalt on Forbestown Road from
Old Olive Highway to Hurleton Swedes Flat Road. The project was advertised on
June 27, 2023, and of the four bids received, the lowest responsive and responsible
bidder was Knife River Construction of Chico, CA, with a bid amount of $1,762,762.
The Department recommends that the Board award the contract to Knife River
Construction and authorize the Director of Public Works to sign the contract and
order changes or additions in work performed per Public Contract Code Section
20142. (Public Works)
Action requested - 1) AWARD THE CONTRACT TO KNIFE RIVER CONSTRUCTION; AND
2) APPROVE THE PLANS AND SPECIFICATIONS; AND 3) AUTHORIZE THE DIRECTOR
OF PUBLIC WORKS TO SIGN THE CONTRACT AND ORDER CHANGES PER PUBLIC
CONTRACT CODE SECTION 20142
Staff Report
Joshua Pack, Director of Public Works, presented this item to the Board.
No Public Comment was received for this item.
Action: 1) AWARD THE CONTRACT TO KNIFE RIVER CONSTRUCTION; AND 2)
APPROVE THE PLANS AND SPECIFICATIONS; AND 3) AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS TO SIGN THE CONTRACT AND ORDER CHANGES PER PUBLIC
CONTRACT CODE SECTION 20142
Motion: Supervisor Connelly
Seconded: Supervisor Durfee
Motion passed unanimously.
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.
No Public Comment was received for this item.
4.11 Items Removed from the Consent Agenda for Board Consideration and Action
3.08 Change Order Ratifications and Notice of Completion for the Butte
County Evidence Storage and Morgue Project
No Public Comment was received for this item.
Action: 1) RATIFY CHANGE ORDERS #1 THROUGH #32 AND #34 THROUGH
#88; 2) ACCEPT THE CONTRACT WORK AS COMPLETE; AND 3) AUTHORIZE
THE CHAIR TO SIGN THE NOTICE OF COMPLETION
Motion: Supervisor Ritter
Seconded: Supervisor Durfee
Motion passed unanimously.
5. PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:00 AM - Timed Item - Amendments to Butte County Zoning Ordinance Chapter
24, Article IV, Division 1, Special Events Facilities
A County -initiated Zoning Code Amendment (ZCA23-0001) to create a distinction
between "small" and "large" special event facilities, instituting a separate
entitlement process, for each, and implementing new standards for the
development of special event facilities within the County's Agriculture Zones.
Agriculture -specific amendments include an increased 50 feet setback standard for
all event facilities, a prohibition on building code occupancy changes for agricultural
buildings finaled within 5 years of the date of application, a 2-year moratorium on
special event facility entitlement for operating venues without a permit, and the
allowance for the conversion of existing structures to special event facilities under
certain circumstances. There is an additional recommended amendment restricting
signage placement to within the County Right of Way with an encroachment permit
entitlement. The zoning code amendment is exempt from environmental review
pursuant to CEQA Guidelines Section 15061(b)(3), which exempts activities covered
by the rule that CEQA applies only to projects with the potential to cause a
significant effect on the environment. On May 25, 2023, the Planning Commission
passed Resolution PC23-10 on a vote of 5-0 finding the proposed Zoning Code
Amendment exempt under section 15061(b)(3) of the California Environmental
Quality Act and recommending adoption of Zoning Code Amendment ZCA23-0001.
(Development Services)
Action requested - 1) FIND THE PROJECT IS EXEMPT FROM CEQA; AND 2) ADOPT
THE ORDINANCE AMENDING CHAPTER 24, ARTICLE IV, DIVISION 1, SPECIAL EVENTS
FACILITIES, AND AUTHORIZE THE CHAIR TO SIGN
Staff Report
PowerPoint
No Public Commen was received for this item.
Action: Continue this item to October 24th, 2023, 10:00am Board of Supervisors
meeting.
Motion: Supervisor Ritter
Seconded: Supervisor Connelly
Motion passed unanimously.
5.02 9:30AM - Timed Item - Resolution Renewing the Temporary Closure of County
Portions of Humboldt Road to Vehicular Traffic Between Chico City Limits and
State Route 32
On June 23, 2020, at the joint recommendation of the Department of Public Works,
the City of Chico, and the Local Government Committee, and under California
Vehicle Code section 21101.4, the Board of Supervisors adopted a resolution closing
the County -maintained portions of Humboldt Road to vehicle traffic to discourage
illegal activity. The road was officially closed to vehicle traffic by the County and City
on September 10, 2020. On May 24, 2022, the Board adopted a subsequent
resolution to continue the road closure through September 10, 2023. While
Humboldt Road has been closed to vehicles, other non -motorized traffic including
bicyclists and pedestrians have continued to recreate in the area. Additionally, since
the road's closure in 2020, the Department and other emergency first responders
have maintained the authority to open the road to vehicle traffic in an emergency.
Per California Vehicle Code section 21101.4, local authorities may adopt rules and
regulations by ordinance or resolution to temporarily close roads when various
conditions are met. Temporary closures may be renewed for 18 months for up to
eight consecutive periods. The Department has seen minimal issues or complaints
with the closure since 2020. The Chico City Council is scheduled to consider the
continuation of their temporary closure of city portions of Humboldt Road to
unauthorized vehicles at their September 5, 2023, City Council meeting. To maintain
consistency with the City of Chico and to continue to deter illegal activity on
Humboldt Road, the Department recommends renewing the temporary road
closure from September 10, 2023, through March 10, 2025. Staff completed all
necessary public noticing requirements and expanded the noticing process to
nearby residents in response to prior direction from the Board of Supervisors.
(Public Works)
Action requested - 1) OPEN THE PUBLIC HEARING AND RECEIVE TESTIMONY; AND 2)
ADOPT THE RESOLUTION AND AUTHORIZE CHAIR TO SIGN
Staff Report
Resolution 23-091
Joshua Pack, Director of Public Works, presented this item to the Board.
No Public Comment was received for this item.
Action: 1) OPEN THE PUBLIC HEARING AND RECEIVE TESTIMONY; AND 2) ADOPT
THE RESOLUTION AND AUTHORIZE CHAIR TO SIGN
Motion: Supervisor Durfee
Seconded: Supervisor Ritter
Motion passed 4-1
Ayes: Supervisor Connelly, Durfee, Ritter and Chair Kimmelshue
Nays: Supervisor Teeter
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 CE22-00770; 54 Feather Ridge Way,
Berry Creek APN No. 061-610-004
On September 6, 2022 a Hearing Officer declared a public nuisance existed
on the property listed. This hearing has been scheduled to authorize the
Board of Supervisors to record a lien to recover the County's costs for Code
Enforcement Case Number CE22-00770 at 54 Feather Ridge Way, Berry
Creek (Assessor's Parcel Number 061-610-004) in the amount of $85,880.38
($80,000.00 for penalties and $5,880.38 for cost recovery). (Development
Services)
Action requested - APPROVE THE PROPOSED LIEN OF $80,000.00 AND A
SPECIAL ASSESSMENT OF $5,880.38
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 received for this item.
Action: APPROVE THE PROPOSED LIEN OF $80,000.00 AND A SPECIAL
ASSESSMENT OF $5,880.38
Motion: Supervisor Durfee
Seconded: Supervisor Connelly
Motion was passed unanimously.
5.03. B. Code Enforcement Case Number CE21-01082; 0 Hog Ranch Road,
Concow APN No. 058-150-003
On October 19, 2022 a Hearing Officer declared a public nuisance existed on
the property listed. This hearing has been scheduled to authorize the Board
of Supervisors to record a lien to recover the County's costs for Code
Enforcement Case Number CE21-01082 at 0 Hog Ranch Road, Concow
(Assessor's Parcel Number 058-150-003) in the amount of $78,992.65
($69,000.00 for penalties and $9,992.65 for cost recovery). (Development
Services)
Action requested - APPROVE THE PROPOSED LIEN OF $69,000.00 AND A
SPECIAL ASSESSMENT OF $9,992.65
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 received for this item.
Action: APPROVE THE PROPOSED LIEN OF $69,000.00 AND A SPECIAL
ASSESSMENT OF $9,992.65
Motion: Supervisor Durfee
Seconded: Supervisor Connelly
Motion was passed unanimously.
5.03. C. Code Enforcement Case Number CE22-00775; 1233 Encina Grande
Road, Berry Creek APN No. 061-620-009
On October 19, 2022 a Hearing Officer declared a public nuisance existed on
the property listed. This hearing has been scheduled to authorize the Board
of Supervisors to record a lien to recover the County's costs for Code
Enforcement Case Number CE22-00775 at 1233 Encina Grande Road, Berry
Creek (Assessor's Parcel Number 061-620-009) in the amount of $27,935.64
($22,000.00 for penalties and $5,935.64 for cost recovery). (Development
Services)
Action requested - APPROVE THE PROPOSED LIEN OF $22,000.00 AND A
SPECIAL ASSESSMENT OF $5,935.64
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 received for this item.
Action: APPROVE THE PROPOSED LIEN OF $22,000.00 AND A SPECIAL
ASSESSMENT OF $5,935.64
Motion: Supervisor Durfee
Seconded: Supervisor Teeter
Motion was passed unanimously.
5.03. D. Code Enforcement Case Number CE22-00866; 201 Webster Road, Berry
Creek APN No. 062-690-027
On October 5, 2022 a Hearing Officer declared a public nuisance existed on
the property listed. This hearing has been scheduled to authorize the Board
of Supervisors to record a lien to recover the County's costs for Code
Enforcement Case Number CE22-00866 at 201 Webster Road, Berry Creek
(Assessor's Parcel Number 062-690-027) in the amount of $100,060.31
($93,500.00 for penalties and $6,560.31 for cost recovery). (Development
Services)
Action requested - APPROVE THE PROPOSED LIEN OF $93,500.00 AND A
SPECIAL ASSESSMENT OF $6,560.31
Staff Report
PowerPoint
Chris Jellison, Code Enforcement Division Manager and Ben Sandoval,
Code Enforcement Supervisor, presented this item to the Board.
The following member(s) of the public submitted Public Comment on this
item: Property owner representative (in person)
Action: APPROVE THE PROPOSED LIEN OF $93,500.00 AND A SPECIAL
ASSESSMENT OF $6,560.31
Motion: Supervisor Durfee
Seconded: Supervisor Connelly
Motion was passed unanimously.
5.03. E. Code Enforcement Case Number CE22-00727; 0 Oregon Gulch Road,
Oroville APN No. 041-300-049
On December 2, 2022 a Hearing Officer declared a public nuisance existed
on the property listed. This hearing has been scheduled to authorize the
Board of Supervisors to record a lien to recover the County's costs for Code
Enforcement Case Number CE22-00727 at 0 Oregon Gulch Road, Oroville
(Assessor's Parcel Number 041-300-049) in the amount of $48,498.68
($40,500.00 for penalties and $7,998.68 for cost recovery). (Development
Services)
Action requested - APPROVE THE PROPOSED LIEN OF $40,500.00 AND A
SPECIAL ASSESSMENT OF $7,998.68
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 received for this item.
Action: APPROVE THE PROPOSED LIEN OF $40,500.00 AND A SPECIAL
ASSESSMENT OF $7,998.68
Motion: Supervisor Connelly
Seconded: Supervisor Durfee
Motion was 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
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 Actual litigation pursuant to Gov. Code sec. 54956.9(d)(1) - four cases:
A. Lance Loper v. Butte County; Workers' Compensation Appeals Board Case
No. ADJ17668160
B. Lance Loper v. Butte County; Workers' Compensation Appeals Board Case
No. ADJ14850324
C. William Brewton v. Butte County; Workers' Compensation Appeals Board
Case No. ADJ10553186
D. Jason Hail v. Butte County; Workers' Compensation Appeals Board Case
No. ADJ16951109
Staff Report
6.04 Workers' compensation liability claim pursuant to Gov. Code Sec. 54956.95 (a) -
one claim:
A. William Brewton; Workers' Compensation Claim, Claim Number:
4A1603 W H H CS-0001
6.05 Significant exposure to litigation pursuant to Gov. Code Sec. 54956.9(d)(2) - one
potential case: A. See August 1, 2023 letter from the California Department of
Justice
Staff Report
6.06 Real Property Negotiation Pursuant to Government Code Section 54956.8:
A. Property APN: 003-171-014-000 Agency Negotiator: Michael Hodson
Negotiating Party: Pat Kemeny Macias and Richard Macias, for Museum of
Northern California Art Negotiations: Terms and Conditions of Real
Property Rights
Staff Report
B. Property APN:039-590-019-000 Agency Negotiator: Michael Hodson
Negotiating Party: John W. Scott, Jennifer Millward, for Scotty's Landing
Negotiations: Terms and Conditions of Real Property Rights
Staff Report
6.07 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