HomeMy WebLinkAboutA031224
ANDY PICKETT
CHIEF ADMINISTRATIVE OFFICER &
CLERK OF THE BOARD
1. CALL TO ORDER
Pledge of Allegiance
Observation of a Moment of Silence
Rules of Decorum
The Board of Supervisors welcomes the public to its meetings and encourages and appreciates public
engagement. The Board of Supervisors expects members of the public to act in a courteous, civil, and
respectful manner. Individuals who address the Board shall not make personal, impertinent,
slanderous, or profane remarks to any member of the Board, staff, or the general public. The Board of
Supervisors will not tolerate loud, threatening, personal, or abusive language, or disorderly conduct,
which disrupts, disturbs, or otherwise impedes the orderly conduct of Board meetings. Violation of these
rules of decorum will result in the meeting being recessed.
2A. CORRECTIONS AND/OR CHANGES TO THE AGENDA
2B. ANNOUNCEMENT(S) OF RECUSAL
3A. SUPERVISOR COMMENTS ON CONSENT AGENDA ITEMS
3B. ADOPT CONSENT AGENDA
3.01 Approval of Board of Supervisors Regular Meeting Minutes - Submitted for approval are the
February 27, 2024 Board of Supervisors Regular Meeting Minutes - action requested - APPROVE
THE BOARD OF SUPERVISORS REGULAR MEETING MINUTES FOR FEBRUARY 27, 2024. (County
Administration)
3.02 Letter of Support for Senate Bills 542 and 972 (Dahle) - SB 542 excludes from taxable income
settlement payments made in connection with the Dixie and Mill fires. SB 927 excludes from
taxable income settlement payments made in connection with any declared state of
emergency made by both the Governor and President of the United States. The intent of these
bills is to help victims be properly compensated by not having to pay taxes on settlement
payments they receive following a natural disaster outside of their control. The County of Butte
knows from a series of catastrophic wildfires including the Camp Fire for which PG&E was also
found responsible, settlement payments are essential compensation toward alleviating the
financial burden of recovery. County Administration staff recommends the Board approve a
letter of support for SB 542 and SB 972 - action requested - APPROVE THE LETTER AND
AUTHORIZE CHAIR TO SIGN. (County Administration)
BUTTE COUNTY
BOARD OF SUPERVISORS
REGULAR MEETING AGENDA
MARCH 12, 2024
9:00 AM
MEETING LOCATION
BOARD OF SUPERVISORS CHAMBERS
25 COUNTY CENTER DRIVE, SUITE 205
OROVILLE, CALIFORNIA 95965-3380
MEMBERS OF THE BOARD
BILL CONNELLY, DISTRICT 1
PETER DURFEE, DISTRICT 2
TAMI RITTER, DISTRICT 3
TOD KIMMELSHUE, DISTRICT 4
DOUG TEETER, DISTRICT 5
BRAD STEPHENS, COUNTY COUNSEL
3.03 2022 Community Development Block Grant (CDBG) Single Family Housing Rehabilitation
Program Guidelines and Subrecipient Agreement for Housing Consultant Services - On June 14,
2022, the Board of Supervisors approved a resolution authorizing submission of a grant
application through the California Housing and Community Development (HCD) CDBG Program
for Single Family Housing Rehabilitation. HCD awarded the County $500,000 and authorized
use of $82,000 in available program income for single family housing rehabilitation. The
Standard Agreement was approved by HCD on October 26, 2023. Habitat for Humanity Yuba-
Sutter (Habitat) was selected through a solicitation process to serve as the Program
Administrator for all of Butte County's Housing Rehabilitation Programs. Staff recommends the
Board approve the agreement with Habitat for Housing Consultant Services, adopt the County
of Butte Housing Rehabilitation Assistance Program Guidelines, and approve a budget
adjustment of $375,000 to allow the program to operate in the remainder of the current fiscal
year - action requested - 1) APPROVE SUBRECIPIENT AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN; 2) ADOPT COUNTY OF BUTTE HOUSING REHABILITATION ASSISTANCE PROGRAM
GUIDELINES; AND 3) APPROVE BUDGET ADJUSTMENT (4/5 VOTE REQUIRED). (County
Administration)
3.04 Ratify Letter Supporting Yosemite Clean Energy's Application for Funds From the CAL FIRE
Business and Workforce Development 2024 Q1 Grant Program - Yosemite Clean Energy (YCE)
is a biofuels company developing a hydrogen and renewable natural gas (RNG) production
plant called the "Paradise Project" in unincorporated Butte County. The company's intent is to
utilize waste woody biomass produced through sustainable forest management and end-of-
life orchard removal for the production of renewable biofuels. YCE’s grant request will help
fund the purchase of a horizontal chipper/grinder and a loader and retrofit an existing chipper
for use providing biomass feedstock. Constructing the plant requires significant private
financial investment, and CAL FIRE’s investment in updated equipment will help ensure the
successful and efficient long-term planning and operation of the Paradise Project which will
help YCE secure the remaining private investment funds necessary for plant construction. To
date, YCE has received the 2022 California Department of Conservation Forest Biomass to
Carbon-Negative Biofuels Pilot Program Grant, the 2022 CAL FIRE Business and Workforce
Development Grant, the 2022 US Forest Service Wood Innovations Grant, and a $5M grant
from the California Energy Commission using a letter of support approved by this Board in April
of 2023. Given the CAL FIRE grant deadline, the support letter was signed by the Chief
Administrative Officer and is being brought before the Board with a request to ratify the letter-
action requested - RATIFY LETTER OF SUPPORT. (County Administration)
3.05 Contract Amendment with Perpetual Storage, Inc. for Off-Site Storage of County's Archival
Microfilm - In the event of a disaster, it is imperative for the County Clerk-Recorder's office to
be able to recreate the County's records, both historic and current. Housing the archival
microfilm of these records at an appropriate off-site location is the acknowledged standard to
accomplish this goal. The County Clerk-Recorder's office recommends amending the contract
with Perpetual Storage Inc. of Utah, for the off-site storage of the County's archival microfilm.
The amendment will extend the contract term through March 31, 2028 and increase the not -
to-exceed amount from $40,000 to $80,000 - APPROVE CONTRACT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Clerk-Recorder)
3.06 Amendment to the Conflict of Interest Code of Chico Area Recreation and Park District (CARD)
On August 24, 2023, the CARD Board of Directors adopted a resolution to amend the District's
Conflict of Interest Code to reflect changes to staffing titles. The amendment is being
submitted for approval by the Board of Supervisors as the code reviewing body. County
Counsel has reviewed the amendment to the Conflict of Interest Code and deems it to be
proper - action requested - APPROVE THE AMENDMENT TO THE CHICO AREA RECREATION AND
PARK DISTRICT'S CONFLICT OF INTEREST CODE. (County Counsel)
3.07 2023 General Plan and Housing Element Annual Progress Report - California Government Code
65400 mandates that all counties submit an annual progress report (APR) on the status of the
General Plan and progress on its implementation to their legislative bodies, the Governor's
Office of Planning and Research (OPR), and the Department of Housing and Community
Development (HCD) by April 1 of each year (covering the previous calendar year). The General
Plan APR provides the Board of Supervisors and the public with information regarding the
implementation of the General Plan and informs the public on the progress in meeting
community goals. The Housing Element APR is focused on housing permits issued and sorted
by State affordability categories and other data categories. The 2023 Butte County General
Plan and Housing Element Annual Progress Reports are included for the Board's information.
Both reports will be transmitted to the state prior to April 1, 2024 in accordance with state law
- action requested - ACCEPT FOR INFORMATION. (Development Services)
3.08 Contract Amendment with Russell, Gallaway Associates, Inc. for Architectural and Engineering
Services on New Probation Building - On September 13, 2022, the Board of Supervisors
approved a contract with Russell, Gallaway Associates, Inc. to provide architectural and
engineering services for the design of a new Probation building. The term of the contract was
September 13, 2022 through December 31, 2023, not-to-exceed $1,387,275. The contract was
amended twice in 2023; the first amendment corrected an identified language conflict and the
second amendment extended the term through June 30, 2025. After a professional cost
estimate determined construction cost escalation and utility pricing to be beyond the available
funding, the Departments of Probation and General Services changed the location of the new
facility to the existing site to save substantial costs. This change requires revising plans outside
the original scope of work. The Department of General Services recommends the Board
approve a third amendment to the contract with Russell, Gallaway Associates, Inc. to increase
the maximum amount payable by $44,550 not-to-exceed $1,431,825. All other terms remain
the same - action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN. (General Services)
3.09 Change Order Ratifications and Notice of Completion for the Concow Fire Station #37
Reconstruction Project - On November 8, 2022, the Board of Supervisors approved a contract
with DH Slater & Son for the reconstruction of Fire Station #37 located at 3595 Shuman Lane
in Concow. The term of the contract was 365 days from Notice to Proceed with a $2,148,000
fixed fee. Fire Station #37 was destroyed in the 2018 Camp Fire and its reconstruction is funded
through the County's property insurance claim. Through the course of construction, the
Department of General Services executed 25 change orders totaling $157,971 to complete the
project. The work has been inspected and approved by the Departments of General Services
and Development Services. The Certificate of Occupancy was issued on February 20, 2024, and
all costs have been accepted by the County's insurer. The Department of General Services
recommends that the Board ratify the 25 change orders, accept the work as complete, and
authorize the Chair to sign the Notice of Completion - action requested - 1) RATIFY CHANGE
ORDERS 1 THROUGH 25; 2) ACCEPT THE CONTRACT WORK AS COMPLETE; AND 3) AUTHORIZE
THE CHAIR TO SIGN THE NOTICE OF COMPLETION. (General Services)
3.10 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:
HUMAN RESOURCES: Amend Butte County Salary Ordinance 4236 by adding a new
classification titled Civil Law Clerk to Section 28O – “Classifications With Flat Rate Assignments”
with a flat rate of $22.00 per hour. Adding this classification will better meet the operational
needs of County Counsel.
PUBLIC WORKS: Add 1 flexibly staffed Assistant Civil Engineer, Associate Civil Engineer, Senior
Civil Engineer position and delete 1 flexibly staffed Associate Civil Engineer, Senior Civil
Engineer position. Flexibly staffing this position to include Assistant Civil Engineer will better
suit the operational needs of the Neal Road Recycling and Waste Facility and will be covered
by funding available in the Department’s budget. Total allocations to remain unchanged.
(Human Resources)
Action Requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.11 Notice of Completion for Forbestown Road Rehabilitation - On August 8, 2023, the Board of
Supervisors awarded the Forbestown Road Rehabilitation Project to Knife River Construction
of Chico, CA. The project replaced the existing asphalt pavement from Old Olive Highway to
Hurleton Swedes Flat Road. The contract award amount was $1,762,762. One contract change
order was approved by the Board of Supervisors on February 13, 2024, for $127,029. The
resulting total cost of work is $1,889,792. All contract work has been completed per the project
plans and specifications - action requested – 1) ACCEPT THE CONTRACT WORK AS COMPLETE;
AND 2) AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION. (Public Works)
3.12 Ratify a Memorandum of Understanding (MOU) Between Butte County and City of Oroville for
the Ophir Road Community Development Block Grant - Disaster Recovery (CDBG-DR) Project
Ophir Road is a minor arterial road in the south Oroville area actively used for Camp Fire
recovery efforts. The extraordinary number and weight of debris removal trucks after the
Camp Fire recovery efforts resulted in devastating road damage. In response to this damage,
the County and City applied for and received CDBG-DR grant funding to assist with repairing
and restoring their respective road sections to pre-disaster design, function, and capacity. This
project encompasses a total roadway length of approximately 1.63 miles, with approximately
1.06 miles under County jurisdiction and 0.57 miles within City limits. The County and City
recognize that entering into this MOU can help expedite project delivery by unifying and
standardizing project delivery processes and procedures, providing tremendous community
benefit. Under the MOU, the County will coordinate with the City and deliver the project on
the City's behalf. Following collaboration of the MOU terms between the County and City
Public Works departments, Andy Pickett, the Chief Administrative Officer, executed an MOU
with the City to jointly repair Ophir Road to meet a February 23, 2024 deadline. The
Department recommends that the Board of Supervisors ratify the MOU as executed - action
requested - RATIFY THE MOU SIGNED BY THE CHIEF ADMINISTRATION OFFICER. (Public Works)
3.13 Notice of Completion for Pavement Preservation Project 2023 - On August 8, 2023, the Board
of Supervisors awarded the 2023 Pavement Preservation Project to VSS International of West
Sacramento, CA. The project consisted of various surface treatments on roads throughout
Butte County. The contract award amount was $954,459. One contract change order (CCO)
was executed, resulting in a decrease to the contract of $19,641. The total cost of work is
$934,817. All work has been completed per the project plans and specifications - action
requested - 1) ACCEPT THE CONTRACT WORK AS COMPLETE; AND 2) AUTHORIZE THE CHAIR
TO SIGN THE NOTICE OF COMPLETION. (Public Works)
4. REGULAR AGENDA
4.01 Boards, Commissions, and Committees
(List available at https://www.buttecounty.net/327/Board-Commission-Vacancies
A. Appointment to Listed Vacancies
1) Appointments to the In-Home Supportive Services (IHSS) Advisory Committee
Established pursuant to Welfare and Institutions Code section 12301.2, the
IHSS Advisory Committee (Committee) provides recommendations and
initiates proposals and forwards them to the Board of Supervisors on the
preferred modes of service to be utilized in the County for IHSS. Additionally,
the Committee provides recommendations to any administrative body in the
County that is related to the delivery and administration of IHSS including the
governing body and administrative agency of the Public Authority, nonprofit
consortium, contractor, and public employees. The Committee consists of 11
members composed of a combination of IHSS recipients, providers,
community/agency members, and/or County staff. Staff recommends the
Board reappoint Carnella Marks as Provider Representative, and appoint
Tammy Solano as Advocate Representative, each to a term ending December
31, 2026 - action requested - APPOINT CARNELLA MARKS TO THE IHSS
ADVISORY COMMITTEE AS A PROVIDER REPRESENTATIVE, AND TAMMY
SOLANO AS ADVOCATE REPRESENTATIVE, EACH TO A TERM ENDING
DECEMBER 31, 2026. (Other – IHSS Advisory Committee)
B. Board Member / Committee Reports and Board Member Comments
(Pursuant to California State law, the Board is prohibited from taking action on any
item not listed on the agenda)
4.02 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, at the beginning of the regular agenda, which will last a maximum of 15 minutes, with
another to follow as the last item on the regular agenda with no time limits.
4.03 Bitcoin ATM Fraud - Bitcoin is a decentralized digital currency that operates without the need
for a central bank. It enables transactions to be made directly between individuals using
cryptography for security. Bitcoin can be accessed through ATM-like machines. However,
unlike traditional ATMs, they are not regulated by the same financial institutions and carry
additional risks. Fraudsters can use various tactics to trick users into depositing cash into the
Bitcoin ATM to purchase Bitcoin that ends up in their own wallets. This can involve
impersonating legitimate organizations, creating fake investment opportunities, or exploiting
relationships. Additionally, malicious actors might install skimming devices on Bitcoin ATMs to
capture card information or compromise user data. Fraudsters often target the most
vulnerable in the community. Bitcoin ATM fraud and scams are on the rise. Chico Police
Department Detective Kevin Hass, a subject matter expert, will provide information to the
Board, and discuss various options to deter and prevent Bitcoin ATM fraud - action requested
- PROVIDE DIRECTION TO STAFF. (County Administration)
4.04 Resolution Adopting Disaster Rebuild Permit Payment Program - The Camp Fire of 2018 and
North Complex Fire of 2020 destroyed 4,417 residences in unincorporated Butte County.
According to the Camp Fire Housing Study completed in September 2020, over 60% of
homeowners were under-insured, limiting their financial ability to rebuild. The lack of
adequate insurance is further identified in the August 2020 State of California Proposed Action
Plan for Disaster Recovery publication. The Disaster Rebuild Permit Payment Program will
allow fire affected residents of Butte County the opportunity to begin the rebuilding and
permitting process with little up front cost, while making monthly installments over a two-year
period for the balance of fees. The applicant will pay a down payment for the permit fees
related to the home rebuild and the Department of Development Services will invoice 24 equal
monthly installments due and collectible within 60 days from invoice date - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Development Services)
4.05 Discussion of Potential Traffic Calming Measures on Melrose Drive - On November 7, 2023, the
Board of Supervisors adopted a resolution approving a general plan amendment, rezone, and
development plan (PUD21-0002) for the Enterprise Rancheria project. At that meeting, the
Board directed staff to investigate the use of speed humps or other traffic calming measures
along Melrose Drive east of Oroville to mitigate current and future traffic concerns. The
Department has completed its analysis and will present its findings to the Board - action
requested - PROVIDE DIRECTION TO STAFF. (Public Works)
4.06 Update on the Neal Road Recycling and Waste Facility (NRRWF) Master Plan - The Department
presented a comprehensive discussion on the draft NRRWF Master Plan to the Board of
Supervisors on October 10, 2023. The presentation aimed to identify the future needs of the
NRRWF, highlighting the challenges posed by outdated facilities, including inefficiencies and
safety concerns for residents and commercial users. The Department also underscored the
difficulties in meeting the evolving regional and state regulatory and permitting requirements.
During this meeting, the Board provided valuable feedback and input, which has been
incorporated into a revised presentation. The NRRWF Master Plan seeks to balance the
development of necessary programs and the maintenance of reasonable fees to prevent
unintended consequences such as illegal dumping and increased business costs. Butte County
is in a unique position compared to many California counties, with substantial landfill space
that offers an opportunity to manage waste disposal costs effectively through the 21st century.
By leveraging its solid waste assets, including site longevity, prime location, and permitting
programs, the County is poised to operate autonomously and collaborate with the private
sector to provide cost-effective services in compliance with State regulations. The Master Plan
proposes several significant upgrades to modernize the NRRWF. These upgrades include the
construction of a new access road and scale house, establishing a public drop-off area,
constructing a modern administration building, and creating a "reuse" area alongside a
construction and demolition processing facility - action requested - PROVIDE DIRECTION TO
STAFF. (Public Works)
4.07 Interim Appointment - Director of Libraries - The Chief Administrative Officer (CAO)
recommends that the Board of Supervisors appoint Misty Wright, Assistant Director of
Libraries, as Interim Director of Libraries, effective March 12, 2024 until the Board appoints a
permanent Director. The CAO recommends setting the salary at the minimum salary
($118,930/year) as listed in section 29, Reference A, of the Butte County Salary Ordinance. In
addition, the CAO recommends providing the Appointed Department Head mileage allowance
of $620/month. Ms. Wright will retain all other rights and benefits of her current position in
the Non Represented Unit and the right to return to her current position of Assistant Director
of Libraries when the interim assignment is completed - action requested – 1) APPOINT MISTY
WRIGHT AS INTERIM DIRECTOR OF LIBRARIES EFFECTIVE MARCH 12, 2024; 2) SET THE SALARY
FOR THE INTERIM APPOINTMENT AS THE MINIMUM ANNUAL SALARY FOR THE DIRECTOR OF
LIBRARIES AT $118,930; 3) PROVIDE MILEAGE ALLOWANCE AT THE RATE OF $620/MONTH;
AND 4) DOCUMENT BY MINUTE ORDER MS. WRIGHT'S INTERIM APPOINTMENT; THE ANNUAL
SALARY; MILEAGE ALLOWANCE; AND RETENTION OF ALL OTHER RIGHTS TO AND BENEFITS OF
MS. WRIGHT'S CURRENT POSITION WHEN THE INTERIM ASSIGNMENT IS COMPLETED. (County
Administration)
4.08 Amendment to Employment Contract for Director of Behavioral Health - Approval is requested
to amend the employment contract with the Behavioral Health Director, Scott Kennelly. The
annual salary shall increase by 3% to $169,990 as of the first pay period following the effective
date of the amendment and shall increase to $176,790 as of the first pay period following
February 11, 2025. All other terms remain the same - action requested - APPROVE THE
CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (County Administration)
4.09 Amendment to Employment Contract for Director of Public Health - Approval is requested to
amend the employment contract with the Public Health Director, Danette York in order to
correct a past calculation error. The annual salary shall increase by 5% to $177,373 as of the
first pay period following the effective date of the amendment. All other terms remain the
same - action requested - APPROVE THE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN.
(County Administration)
4.10 Mid-Year Financial Report for Fiscal Year 2023-24 - The Mid-Year Financial Report provides an
economic update, summarizes the analysis of expenditures and revenues, provides an update
on disaster impacts, budget outlook, cash balances and reports on current pension, retiree
health liabilities and long-term debt obligations for the period ending December 31, 2023 -
ACCEPT FOR INFORMATION. (County Administration)
4.11 Update of Budget, Legislative, and Other Current Issues by the Chief Administrative Officer
4.12 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.
4.13 Items Removed from the Consent Agenda for Board Consideration and Action
5. PUBLIC HEARINGS AND TIMED ITEMS
5.01 9:30 am - Public Hearing - Commencement of Election and Public Hearing to Impose an
Increased Maximum Service Charge in County Service Area (CSA) 141 Mountain Oaks - The
Mountain Oaks Subdivision County Service Area (CSA 141) was formed by Board Resolution
No. 92-57, adopted on June 9, 1992, and is located from Messilla Valley Road to approximately
one mile north, west of Pentz Road, and south of Paradise. It provides financing for sewer
services and is comprised of 56 assessed parcels. The annual per-parcel service charge is
currently $166.26/parcel, which has remained unchanged since the last parcel fee increase was
established in 2004. Permitting and wastewater management costs have increased
significantly since 2004, outpacing CSA 141 revenue and depleting fund balance. Permitting
costs for fiscal year 2023-24 were billed at $13,393.00; however, the CSA fund balance was
insufficient to satisfy permitting costs. On December 12, 2023, the Butte County Board of
Supervisors approved a $30,000 revolving fund loan to fund current-year permitting costs,
assist with the cost of an election, and maintain a positive fund balance until assessment fee
increases go into effect. To ensure the ongoing fiscal health of the special district and meet
mandatory permitting requirements in the future, the Department recommends increasing the
annual parcel charges to $495.00/parcel beginning in FY 2024-25, with annual inflationary
adjustments in future years to account for escalating costs outlined in the San
Francisco/Oakland/San Jose Metropolitan Area Consumer Price Index for all Urban Customers.
On January 23, 2024, the Board of Supervisors authorized a resolution of intent directing the
commencement of procedures to impose an increased maximum service charge for CSA 141
and to set a public hearing for March 12, 2024, to consider the proposed charge. This process
includes the counting of ballots mailed to the residents of the Mountain Oaks Subdivision
during the public hearing and concluding results of the protest election - action requested - 1)
OPEN A PUBLIC HEARING; 2) COUNT THE BALLOTS RECEIVED FOR THE PROPOSITION 218
PROTEST ELECTION; AND 3) ADOPT RESOLUTION TO INCREASE FEES AND CHARGES FOR SEWER
SERVICES IN COUNTY SERVICE AREA (CSA) 141 AND AUTHORIZE THE CHAIR TO SIGN. (Public
Works)
5.02 10:00 am - Public Hearing - Resolution to Abandon a One-Foot No-Access Easement at the East
End of Crane Avenue - On February 13, 2024, the Board of Supervisors adopted a resolution
setting a public hearing to consider a request to abandon a no-access easement as shown on
the recorded subdivision map "Phase 1 Copley Acres Unit 3," which was recorded on May 23,
1986, in Book 100 of Maps, Pages 94 and 95, in the office of the Recorder of the County of
Butte. The hearing has been properly noticed and posted at the site location according to
California Streets and Highway Code section 8320. The Department has no objection to the
abandonment. Abandonment of the no-access easement will allow legal access to Assessor's
Parcel Number 079-150-001, where the proposed development of 12 single-family residential
dwelling units under the Enterprise Rancheria Indian Housing Authority (ERIHA) rental program
has been approved. The Planning Commission reviewed the abandonment request on
September 28, 2023, and determined that the request conformed with the Butte County
General Plan - action requested - 1) OPEN PUBLIC HEARING FOR THE ABANDONMENT OF THE
NO-ACCESS EASEMENT AT THE EAST END OF CRANE AVENUE EAST OF OROVILLE; 2) FIND THAT
THE NO-ACCESS EASEMENT DESCRIBED IN THE NOTICE OF HEARING IS UNNECESSARY; AND 3)
ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
5.03 10:30 am - Public Hearing - Itemized Costs and Penalties Related to Nuisance Abatement to
Record a Lien and Impose a Special Assessment
A. Code Enforcement Case Number CE23-00449 at 3673 Broken Glass Circle, Concow (Assessor's
Parcel Number 058-800-013) in the amount of $13,444.66.
On November 30, 2023 a Hearing Officer declared a public nuisance existed on the property
pursuant to Butte County Code Chapters 34A - Medical Marijuana Cultivation Ordinance and
34C - Non-medical Marijuana Cultivation Ordinance. This hearing has been scheduled to
authorize the Board of Supervisors to record a lien and impose a special assessment to recover
the County's costs for Code Enforcement Case Number CE23-00449 at 3673 Broken Glass
Circle, Concow (Assessor's Parcel Number 058-800-013) in the amount of $13,444.66
($4,500.00 for penalties and $8,944.66 for cost recovery). (Development Services)
Action Requested - APPROVE THE PROPOSED LIEN OF $4,500.00 AND A SPECIAL ASSESSMENT
OF $8,944.66.
B. Code Enforcement Case Number CE23-00387 at 211 Obert Drive, Bangor (Assessor's Parcel
Number 028-470-041) in the amount of $57,450.18.
On August 4, 2023 a Hearing Officer declared a public nuisance existed on the property
pursuant to Butte County Code Chapters 34A - Medical Marijuana Cultivation Ordinance and
34C - Non-medical Marijuana Cultivation Ordinance. This hearing has been scheduled to
authorize the Board of Supervisors to record a lien and impose a special assessment to recover
the County's costs for Code Enforcement Case Number CE23-00387 at 211 Obert Drive, Bangor
(Assessor's Parcel Number 028-470-041) in the amount of $57,450.18 ($50,500.00 for
penalties and $6,950.18 for cost recovery). (Development Services)
Action Requested - APPROVE THE PROPOSED LIEN OF $50,500.00 AND A SPECIAL ASSESSMENT
OF $6,950.18.
C. Code Enforcement Case Number CE23-00420 at 0 Pritchett Drive, Berry Creek (Assessor's
Parcel Number 061-540-044) in the amount of $69,272.57.
On July 29, 2023 a Hearing Officer declared a public nuisance existed on the property pursuant
to Butte County Code Chapters 34A - Medical Marijuana Cultivation Ordinance and 34C - Non-
medical Marijuana Cultivation Ordinance. This hearing has been scheduled to authorize the
Board of Supervisors to record a lien and impose a special assessment to recover the County's
costs for Code Enforcement Case Number CE23-00420 at 0 Pritchett Drive, Berry Creek
(Assessor's Parcel Number 061-540-044) in the amount of $69,272.57 ($62,000.00 for
penalties and $7,272.57 for cost recovery). (Development Services)
Action Requested - APPROVE THE PROPOSED LIEN OF $62,000.00 AND A SPECIAL ASSESSMENT
OF $7,272.57.
D. Code Enforcement Case Number CE23-00488 at 0 Chipmunk Court, Berry Creek (Assessor's
Parcel Number 071-390-018) in the amount of $46,427.21.
On December 17, 2021 a Hearing Officer declared a public nuisance existed on the property
listed under Butte County Code Chapter 32A- Property Maintenance and Abatement of
Nuisances. This hearing has been scheduled to authorize the Board of Supervisors to record a
special assessment and lien to recover the County's costs for Code Enforcement Case Numbers
CE20-00828 and CE21-00323 at 13642 South Park Drive, Magalia (Assessor's Parcel Number
066-230-047) in the amount of $21,560.41. (Development Services)
Action Requested - APPROVE THE PROPOSED LIEN OF $39,500.00 AND A SPECIAL ASSESSMENT
OF $6,927.21.
E. Code Enforcement Case Number CE23-00957 at 0 Deer Valley Road, Oroville (Assessor's Parcel
Number 028-450-022) in the amount of $64,075.30.
On October 24, 2023 a Hearing Officer declared a public nuisance existed on the property
pursuant to Butte County Code Chapters 34A - Medical Marijuana Cultivation Ordinance and
34C - Non-medical Marijuana Cultivation Ordinance. This hearing has been scheduled to
authorize the Board of Supervisors to record a lien and impose a special assessment to recover
the County's costs for Code Enforcement Case Number CE23-00957 at 0 Deer Valley Road,
Oroville (Assessor's Parcel Number 028-450-022) in the amount of $64,075.30 ($57,000.00 for
penalties and $7,075.30 for cost recovery). (Development Services)
Action Requested - APPROVE THE PROPOSED LIEN OF $57,000.00 AND A SPECIAL ASSESSMENT
OF $7,075.30.
ADJOURNMENT
Recess as the Butte County Board of Supervisors and convene as the In-Home Supportive Services Public
Authority Board.
IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD
REGULAR MEETING AGENDA
MARCH 12, 2024
1. CALL TO ORDER
2. CONSENT AGENDA (NO ITEMS)
3. REGULAR AGENDA
3.01 Contract with Pan American Life Insurance Company (PALIC) for Health Insurance Policy and
Administrative Services - The Butte County Public Authority and United Domestic Workers
have agreed to a health plan contract for the In-Home Supportive Services (IHSS) providers for
the plan year starting February 1, 2024. The cost remains $285.79 per month for each eligible
provider up to a maximum of 625 providers. The Department of Employment and Social
Services recommends entering into a contract with PALIC for Health Insurance Policy and
Administrative Services. The term of the contract is February 1, 2024 through February 1, 2025,
not-to-exceed $2,143,425 - action requested - 1) APPROVE CONTRACT AND AUTHORIZE THE
CHAIR TO SIGN; AND 2) AUTHORIZE THE DEPARTMENT OF EMPLOYMENT AND SOCIAL
SERVICES DIRECTOR, IN HER CAPACITY AS THE EX-OFFICIO IHSS PUBLIC AUTHORITY DIRECTOR,
TO SIGN ALL ADMINISTRATIVE DOCUMENTS WHICH ARE NECESSARY TO IMPLEMENT THE
INSURANCE PROGRAM. (Employment & Social Services)
4. PUBLIC COMMENT
Comments to the In-Home Supportive Services Public Authority Board on issues and items not listed
on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California
State law, the In-Home Supportive Services Public Authority Board is prohibited from taking action on
any item not listed on the agenda.
5. CLOSED SESSION (NO ITEMS)
ADJOURNMENT
Adjourn as the In-Home Supportive Services Public Authority Board and reconvene as the Butte County
Board of Supervisors.
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 Director
J. Human Resources Director
K. Information Systems Director
L. Library Director
M. Public Health Director
N. Public Works Director
O. Water & Resource Conservation Director
6.02 Conference with Labor Negotiator Pursuant to Government Code Section 54957.6:
Negotiators: Jack Hughes, Sheri Waters, Aaron Quin and Andy Pickett
Employee Organizations: Teamsters - General Unit; Teamsters - Social Services
Workers Unit; Teamsters - Mid Management Unit; 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; Skilled Trades Unit; Butte County Deputy District
Attorneys Association - Attorney Unit; Confidential
Employee Unit; Non-Represented Employee Unit; Board of
Supervisors Executive Assistants
6.03 1. Actual litigation pursuant to Gov. Code sec. 54956.9(d)(1) - three cases:
a. Lori Mazza v. Butte County; Workers’ Compensation Appeals Board Case No.
ADJ13812360 (Claim Number: 1997110112)
b. Amberlee Abbott v. Butte County; Workers’ Compensation Appeals Board Case
No. ADJ13176605 (Claim Number: 2097110019)
c. Alicia Pelletreau v. Butte County; Workers’ Compensation Appeals Board Case No.
ADJ3738198 (Claim Number: CBTE-73160)
2. Workers' compensation liability claim pursuant to Gov. Code sec. 54956.95(a) - one case:
a. Gail Leonard; Workers’ Compensation Claim, Claim Number: 1997110118
6.04 Closed Session Public Comment
Butte County
Department Heads
Agricultural
Commissioner:
Louie Mendoza
Assessor*:
Alyssa Douglass
Auditor-Controller*:
Graciela Gutierrez
Behavioral Health:
Scott Kennelly
Chief Administrative
Officer:
Andy Pickett
Chief Probation Officer:
Melissa Romero
Child Support Services:
Sean Farrell
Clerk-Recorder/
Registrar of Voters*:
Keaton Denlay
County Counsel:
Brad Stephens
Development Services:
Paula Daneluk
District Attorney*:
Mike Ramsey
Employment&Social
Services:
Shelby Boston
Fire Chief:
Garrett Sjolund
General Services:
Michael Hodson
Human Resources:
Sheri Waters
Information Systems:
Paul LaValley
Library:
Misty Wright, Acting
Public Health:
Danette York
Public Works:
Joshua Pack
Sheriff-Coroner*:
Kory Honea
Treasurer-Tax Collector*:
Troy Kidd
UCCooperative
Extension Advisor:
Luis Espino
Water&Resource
Conservation:
Kamie Loeser
*Elected Official
Information and Procedures Concerning the Agenda and Board of Supervisors Meetings
Meeting Information:
Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are 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 on the Clerk of the Board website page.
Agenda Information:
The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72 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 County Administrative Office upon request.
Agenda Format and Meeting Order:
The agenda is usually organized into the following areas and meetings generally proceed in the following order:
1. Consent Agenda: These items are considered routine and are handled by one motion and vote of the Board. If you wish to
discuss any item on the Consent Agenda you can either fill out a speaker card (located in the back of the board room) and give
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. 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. Public Comment is limited to 3 minutes, and may be adjusted at the
discretion of the Chair.
3. 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.
4. Public Hearing and Timed Items: This is where items that are required by law to be heard as a public hearing are set. This is
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.
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 Participation:
It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow 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 of Supervisors is also
committed to making its proceedings accessible to all residents. 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.
Disclosure of Campaign Contributions
Pursuant to Government Code section 84308, members of the Board of Supervisors are disqualified and not able to participate
in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises,
discretionary land use permits and other entitlements if the Board member received more than $250 in campaign contributions
from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively
supports or opposes the County’s decision on the agenda item since January 1, 2023. Members of the Board of Supervisors who
have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $250 to
a Board member since January 1, 2023, are required to disclose that fact for the official record of the subject proceeding.
Disclosures must include the amount of the campaign contribution and identify the recipient Board member and may be made
either in writing to the Clerk of the Board of Supervisors prior to the subject hearing or by verbal disclosure at the time of the
hearing.
For further information contact the:
Clerk of the Board of Supervisors
County Administration Office
25 County Center Drive, Suite 200, Oroville, CA 95965
530.552.3300
Board of Supervisors Agenda – Commonly Used Acronyms:
AB – Assembly Bill EIR – Environmental Impact Report
APN – Assessor’s Parcel Number EOC – Emergency Operations Center
AQMA – Air Quality Management Act EPA – Environmental Protection Agency
ARPA – American Rescue Plan Act FEIR – Final Environmental Impact Report
BCAG – Butte County Association of Governments FEMA – Federal Emergency Management
Agency
BLUF – Bottom Line Up Front FY – Fiscal Year
BOE – Board of Equalization GP – General Plan
BCFD – Butte County Fire Department IMP – Infrastructure Master Plan
BCGP – Butte County General Plan JPA – Joint Powers Authority
BCOE – Butte County Office of Education LAFCO – Local Agency Formation Commission
BCSO – Butte County Sheriff’s Office MOU – Memorandum of Understanding
BINTF – Butte Interagency Narcotics Task Force MUP – Minor Use Permit
BRCP – Butte Regional Conservation Plan NOC – Notice of Completion
CAL FIRE – California Department of Forestry and Fire
Protection
NOP – Notice of Preparation
Cal OES – California Office of Emergency Services EM – Emergency Management
CalTrans – California Department of Transportation RFP – Request for Proposals
CDBG – Community Development Block Grant SB – Senate Bill
CEQA – California Environmental Quality Act SBFCA – Sutter Butte Flood Control Agency
CSA – County Service Area SGMA – Sustainable Groundwater Management
Agency
DEIR – Draft Environmental Impact Report SHARP – Self-Help Assistance and Referral
Program
DID – Durham Irrigation District TAC – Technical Advisory Committee
DOT – Department of Transportation YTD – Year-to-date
DWR – Department of Water Resources