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HomeMy WebLinkAboutA012825Page 1 BUTTE COUNTY BOARD OF SUPERVISORS REGULAR AGENDA JANUARY 28, 2025 9:00 AM MEMBERS OF THE BOARD BILL CONNELLY, DISTRICT 1 PETER DURFEE, DISTRICT 2 TAMI RITTER, DISTRICT 3 TOD KIMMELSHUE, DISTRICT 4 DOUG TEETER, DISTRICT 5 ANDY PICKETT CHIEF ADMINISTRATIVE OFFICER CLERK OF THE BOARD BOARD OF SUPERVISORS CHAMBERS 25 COUNTY CENTER DRIVE, SUITE 205 OROVILLE, CALIFORNIA BRAD STEPHENS, COUNTY COUNSEL 1. CALL TO ORDER Pledge of Allegiance Observation of a Moment of Silence 2. INTRODUCTORY ITEMS 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, and 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. 2.1 Corrections and/or Changes to the Agenda 2.2 Announcement(s) of Recusal 3. CONSENT AGENDA The Consent Agenda will begin with any Supervisor Comments on the Consent Agenda Items, then proceed with the Adoption of the Consent Agenda. Items can be removed for further discussion at the request of a Supervisor. 3.1. Assessor's Office 3.1.a Resolution Recognizing Blake Bailey Upon His Retirement from the Assessor's Office The Assessor's Office recommends that the Board of Supervisors adopt a resolution recognizing Blake Bailey on the occasion of his retirement December 30, 2024 after 33 years and 10 months of service. (ASSESSOR'S OFFICE) Action Requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Page 2 3.2. County Administration 3.2.a Approval of Board of Supervisors Meeting Minutes Submitted for approval are the January 14, 2025 Board of Supervisors Meeting Minutes. (COUNTY ADMINISTRATION) Action Requested - APPROVE THE JANUARY 14, 2025 BOARD OF SUPERVISORS MEETING MINUTES. 3.2.b Resolution Ratifying Local Disaster Proclamation Andy Pickett, the Chief Administrative Officer, proclaimed a local emergency on July 2, 2024, due to the Thompson fire. The fire burned a portion of the community with a high concentration of access and functional needs population and ultimately destroyed 34 structures. On July 25, 2024, the Chief Administrative Officer proclaimed a local emergency for the Park Fire. The Park Fire started the afternoon of July 24, 2024, in Upper Bidwell Park on the edge of Chico and grew quickly, requiring evacuations in North Chico, Richardson Springs, Cohasset, Butte Meadows, and Forest Ranch. The Park Fire destroyed 428 structures. The magnitude of the Thompson and Park Fires quickly outpaced local capacity and each were declared a local emergency due to wildfire. Per California Law, once the proclamation is ratified, it must be renewed every 60 days. The Department requests the Board renew the local emergency for the Park and Thompson Fires. (COUNTY ADMINISTRATION) Action Requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.3. Department of Employment & Social Services 3.3.a Appointment to Partnership HealthPlan of California (PHC) Board of Commissioners On September 14, 2021, the Board of Supervisors adopted Ordinance No. 4207 authorizing Butte County to join the PHC to negotiate an exclusive contract with California Department of Health Care Services (DHCS) to provide Medi-Cal managed health care services in Butte County. The PHC successfully negotiated an exclusive contract with DHCS authorizing the expansion into Butte County. On September 1, 2023, DHCS announced PHC has met the criteria for operational readiness and the 2024 Medi-Cal contract requirements. On November 7, 2023, the Board of Supervisors appointed three commissioners to serve on the PHC for a term of four years by a majority vote. The Chief Administrative Officer and Directors from the Departments of Behavioral Health, Employment and Social Services, and Public Health recommended the following individuals be appointed: Dr. Andrew Miller - Enloe Medical Center; Shelby Boston - Director, Employment and Social Services; and Scott Kennelly - Director, Behavioral Health. As Shelby Boston departed Butte County on January 24, 2025, and Tiffany Rowe assumed the role of Interim Director for the Department of Employment and Social Services effective January 25, 2025, the Department recommends appointing Tiffany Rowe to the PHC Board of Commissioners. (DEPARTMENT OF EMPLOYMENT & SOCIAL SERVICES) Action Requested - APPOINT TIFFANY ROWE TO THE PHC COMMISSION AS RECOMMENDED TO SERVE A FOUR YEAR TERM. Page 3 3.4. Department of General Services 3.4.a Budget Amendment for Maintenance Projects for Fiscal Year 2024-25 On June 25, 2024, the Board of Supervisors approved various maintenance projects for General Services. Two maintenance projects require transfers from the Department of Behavioral Health and PG&E Settlement Fund. The Gridley Vets Hall Roof and HVAC project is funded by the PG&E Settlement Funds as part of the Deferred Maintenance and Rehabilitation project. Flood damage mitigation at 556 Cohasset is funded by the Department of Behavioral Health. The Department of General Services recommends the Board approve a budget amendment increasing appropriations $2,484,291 in the PG&E Settlement Fund and increase appropriations $28,016 in the Behavioral Health Fund in order to transfer funding to the Department of General Services. The amendment also includes changes in the Department of General Services to budget the transfer revenue and increase appropriations to meet the approved cost of both projects. (DEPARTMENT OF GENERAL SERVICES) Action Requested - APPROVE BUDGET AMENDMENT (4/5 VOTE REQUIRED). 3.4.b Ratification of Change Orders 1 through 3 and Approval of Change Orders 4 and 5 for Oroville Veterans Memorial Park (OVMP) with Rock Creek Construction, Inc. On July 30, 2024, the Board of Supervisors approved a contract with Rock Creek Construction, Inc. (Rock Creek) with a not-to-exceed amount of $974,411 for completion of the remaining substantial construction of the OVMP that is funded by a Housing and Urban Development Community Project Funding Grant with additional ARPA funding. The Department of General Services has issued three change orders to Rock Creek totaling $95,229 to resolve issues with the existing construction. Change order 1 for $46,460 to remove existing work, change order 2 for $35,445 to supply and install future security camera pathways, and change order 3 for $13,324 to add additional fencing and gate. Rock Creek has submitted an additional change order 4 for $20,529, to supply six lockable flagpoles to match the existing flagpole and Change Order 5 for $27,788 for unforeseen conditions rising from changed storm drain locations and wall elevations. The Department recommends the Board ratify change orders 1 through 3 that were previously executed by General Services and approve change orders 4 and 5. (DEPARTMENT OF GENERAL SERVICES) Action Requested - 1) RATIFY CHANGE ORDERS 1 THROUGH 3; AND 2) APPROVE CHANGE ORDERS 4 AND 5 AND AUTHORIZE THE CHAIR TO SIGN. 3.4.c Notice of Completion for Job Order Contract with Mesa Energy Systems Inc. dba Emcor Services Mesa Energy (Emcor) for Domestic Hot Water Boilers and Water Heaters serving 3, 5 and 7 Gillick Way, Oroville for the Butte County Sheriff's Office On December 2021, the Board of Supervisors approved a Job Order Contract Notice to Proceed with Emcor in the amount of $796,694 for the replacement of the domestic boilers and water heater systems servicing the Butte County Jail and the Sheriff’s office located at 3, 5, and 7 Gillick Way, Oroville. During the course of construction, two change orders were issued with the total amount of $79,622, for a final contract amount of $876,317. All contract work has been completed, inspected, and approved by the Department of Development Services, Special Inspectors, and the Department of General Services. The Department of General Services recommends the Board ratify the two change orders, accept the work as complete, and authorize the Chair to sign the Notice of Page 4 Completion. (DEPARTMENT OF GENERAL SERVICES) Action Requested - 1) RATIFY CONTRACT CHANGE ORDERS 1 AND 2; 2) ACCEPT THE CONTRACT WORK AS COMPLETE; AND 3) AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION. 3.5. Department of Human Resources 3.5.a Adoption of the Salary Ordinance The Department of Human Resources has prepared an updated Salary Ordinance. The ordinance includes details on allocated positions, and the salary plans for classified positions, elected and appointed officials and members of the Board of Supervisors. A new salary ordinance is typically adopted once per year and is then amended with resolutions during the course of the year. The ordinance being considered incorporates changes the Board of Supervisors has made to the Salary Ordinance through the December 10, 2024 Board meeting. The Board waived the first reading of the ordinance at the January 14, 2025 meeting. The Salary Ordinance shall be in effect as of January 28, 2025. (DEPARTMENT OF HUMAN RESOURCES) Action Requested - ADOPT THE SALARY ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. 3.6. Department of Information Systems 3.6.a Resolution in Recognition of George Benton Upon His Retirement from the Department of Information Systems The Department of Information Systems recommends that the Board of Supervisors adopt a resolution recognizing the retirement of George Benton on the occasion of his retirement on December 30, 2024, after 27 and a half years of service. (DEPARTMENT OF INFORMATION SYSTEMS) Action Requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.7. Department of Water & Resource Conservation 3.7.a Contract Amendment with West Yost & Associates Inc. (West Yost) for the District No. 6 Palermo Master Drainage Plan Project On January 23, 2024, the Board of Supervisors approved a contract with West Yost for the implementation of the District No. 6 Palermo Master Drainage Plan project. The project is funded through the Cal OES Hazard Mitigation Grant Program (HMGP) and the local match requirement is being provided by the Subdivision Drainage Fund. The term of the contract is January 23, 2024, through March 1, 2025, not-to-exceed $287,425. The Department of Water and Resource Conservation has been working with West Yost for the duration of the project and has identified additional services required beyond the original scope of work. Required services include additional data collection and field visits; data sharing and coordination with partner agencies South Feather Water and Power Agency and the Wyandotte Creek Groundwater Sustainability Agency; limited site surveys for topographic data; expanded hydrologic and hydraulic modeling; and additional public outreach. The Department has secured a project timeline extension from the grantor, allowing for additional time for modeling, outreach, and Plan preparation. The Department Page 5 recommends the Board approve a contract amendment with West Yost to modify the scope of work, increase the fixed price amount by $66,904, not-to-exceed $354,329 and extend the term by nine months, through December 31, 2025. All other terms remain the same. The cost of the contract is fully grant funded and does not impact the General Fund. (DEPARTMENT OF WATER & RESOURCE CONSERVATION) Action Requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. 3.8. Fire Department 3.8.a Budget Amendment and Capital Asset Purchase to Replace a Type III Fire Engine Destroyed in North Complex Fire In September of 2020, a Type III Fire Engine was used by the Butte County Fire Department Volunteer Company 61 and was destroyed in the North Complex Fire. On June 28, 2022, the Board of Supervisors approved the capital asset purchase of the Type III Fire Engine in the budget hearing. However, the purchase was not completed. The County's insurance carrier has authorized replacement on a reimbursement basis with a deductible of $4,375. The Fire Department recommends the Board approve the purchasing a Type III Fire Engine in the amount of $652,233. Insurance proceeds will reimburse the County in the amount of $647,858 and the deductible will be paid by the Department's budget. (FIRE DEPARTMENT) Action Requested - 1) APPROVE CAPITAL ASSET PURCHASE; AND 2) APPROVE BUDGET AMENDMENT (4/5 VOTE REQUIRED). 3.8.b Budget Amendment and Capital Asset Purchase On January 23, 2024, the Board approved the purchase of a grant funded excavator masticator, tractor, and trailer. The Fire Department has been working with General Services to identify a vendor for the specialized equipment and is now ready to purchase the equipment. The Department recommends the Board approve a capital asset purchase of $1,500,000 for the excavator masticator, tractor and trailer equipment. The purchase is grant funded and will have no impact on the general fund. (FIRE DEPARTMENT) Action Requested - 1) AUTHORIZE CAPITAL ASSET PURCHASE; AND 2) APPROVE BUDGET AMENDMENT (4/5 VOTE REQUIRED). 3.9. Probation Department 3.9.a Contract Amendment with Boys and Girls Club of the North Valley (BGC) BGC has been a service provider since 2001, establishing a partnership with the Probation Department to deliver programs focused on youth rehabilitation and community reintegration. In July 2024, the Probation Department entered into a contract with BGC to provide a range of essential services, including after-school programs, diversion, and restorative justice aimed at supporting youth. The Department recommends amending the contract with BGC to better align with the evolving needs. The amendment revises the scope of services to incorporate the Commitment to Success Program (CSP) and increases the maximum amount by $67,046, to $267,046. The CSP will offer weekly, Page 6 evidence-based programming focused on personal growth, academic success, career readiness, and life skills development for up to 15 youth and is funded by the Juvenile Justice Crime Prevention Act of 2000 with no impact on the General Fund. All other terms remain the same. (PROBATION DEPARTMENT) Action Requested - APPROVE THE ATTACHED AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. 3.10. Department of Public Works 3.10.a Amendment to Department of Public Works Purchasing and Procurement Policy On December 13, 2022, the Board of Supervisors approved the Department of Public Works Purchasing and Procurement Policy, which aligns with California Uniform Public Construction Cost Accounting Act (CUPCCA) regulations. Under current CUPCCA regulations, public projects of $60,000 or less may be carried out through a force account or negotiated contract. Public projects of $200,000 or less may be allowed to contract by informal procedures, while public projects exceeding $200,000 must follow formal bidding procedures. Assembly Bill (AB) 2192 has amended Section 22032 of CUPCCA by raising the limits for mandatory procurement bidding methods for public projects. This legislation permits public projects of $75,000 or less to be performed through force account or negotiated contract; projects costing $220,000 or less to be awarded through informal bidding procedures; and projects of $220,000 or more must be procured through formal bidding processes. The Department recommends the Board approve an amendment to the Public Works Purchasing and Procurement Policy to reflect the changes set forth by AB 2192. (DEPARTMENT OF PUBLIC WORKS) Action Requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. 3.10.b Resolutions Recognizing Geraldine Lynch and Matthew Muir as Recipients of 2024 County Engineers Association of California Memorial Scholarships The County Engineers Association of California (CEAC) is a professional organization committed to advancing civil engineering in California by promoting professional development, advocating for sound public policy, and supporting the next generation of engineers. Civil engineers play a crucial role in our community by designing, constructing, and maintaining essential infrastructure. The Department of Public Works recommends the Board of Supervisors approve resolutions recognizing Geraldine Lynch and Matthew Muir, civil engineering students at California State University, Chico, for their outstanding achievement in being awarded 2024 CEAC Memorial Scholarships. By acknowledging their accomplishments, this resolution aims to inspire future generations to pursue careers in civil engineering and contribute to the ongoing growth and development of Butte County. (DEPARTMENT OF PUBLIC WORKS) Action Requested - ADOPT THE RESOLUTIONS (2) AND AUTHORIZE THE CHAIR TO SIGN. 3.10.c Contract Amendment with Consor North America, Inc. for On-Call Engineering Services On October 26, 2021, the Board of Supervisors approved a contract with Consor North America, Inc. for on-call engineering services to support the Department of Public Works with engineering services on a task-order basis. The contract term is October 26, 2021, through October 26, 2026, not-to-exceed $500,000. To date, the Department has issued Page 7 three task orders that total $484,847. The Department has additional projects that require preliminary engineering services, including repairs to multiple roads damaged in the severe storm events of 2023 and 2024. To ensure funds are available to support current and anticipated projects, the Department recommends the Board approve a contract amendment for Consor North America, Inc. to increase the maximum payable amount by $485,000, not-to-exceed $985,000. All other contract terms will remain the same. (DEPARTMENT OF PUBLIC WORKS) Action Requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. 3.11. Other 3.11.a Certification of the Butte County Local Planning Council (LPC) Membership and Receive Amended By-Laws The LPC serves as an advisory body to the Butte County Board of Supervisors, the Butte County Superintendent of Schools, and the Butte County Children and Families Commission. The LPC develops policy proposals, recommends priorities on childcare and child development services, assesses early care and education needs, and plans for specialized childcare systems through collaborative partnerships. Each year, the Butte County Office of Education submits its annual request for Board of Supervisors’ certification of the composition of the membership for the LPC. The Certification Statement Regarding Composition of LPC Membership identifies the voting membership and the category that each council member represents. The categories have been defined by the state to ensure appropriate representation on the Council and is verified by the County Board of Supervisors, the County Superintendent of Schools and the Local Child Care and Development Planning Council Chairperson. In addition, the LPC approved amended by-laws on November 19, 2024, to address specifics regarding the number of members required for quorum, proxy membership, and terms of service. No substantial changes have been made to the overall functions of the council. The California Department of Social Services requires that the Board of Supervisors acknowledge receipt of the amended by-laws prior to adoption. The LPC requests the Board certify the LPC Composition Statement and receive the amended LPC by-laws. (OTHER) Action Requested - 1) CERTIFY THE LPC COMPOSITION STATEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND 2) RECEIVE THE AMENDED LPC BY-LAWS. 4. REGULAR AGENDA 4.1 Board Member/Committee Reports and Board Member Comment 4.2 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. Page 8 4.3 Appointments to the Butte County Water Commission (Commission) The Commission was formed to provide advice to the Board of Supervisors on water matters, including developing and recommending County water policy to the Board and reviewing and monitoring State and federal legislation and water policy. The Commission consists of nine members comprised of one member nominated by each member of the Board of Supervisors, and four at-large Commissioners: two served by private wells and two served by district water. There are three vacancies on the Commission and Supervisor Connelly has nominated Donna Bayles to represent District 1, Supervisor Kimmelshue has nominated Fred Montgomery to represent District 4, and Supervisor Teeter has nominated Mauny Roethler to represent District 5. If appointed, each member would serve a term ending January 1, 2029. (OTHER) Action Requested - REAPPOINT DONNA BAYLES (DIST. 1), FRED MONTGOMERY (DIST. 4) AND MAUNY ROETHLER (DIST. 5) TO THE BUTTE COUNTY WATER COMMISSION TO EACH SERVE A 4 YEAR TERM ENDING JANUARY 1, 2029. 4.4 Appointment to the Butte County Resource Conservation District Resource Conservation Districts (RCD's) are special districts that help private landowners protect soil, water, wildlife habitat, and other natural resources. RCD's make available technical, financial and educational resources, whatever their source, and focus or coordinate them so that they meet the needs of the local land manager with conservation of soil, water and related natural resources. The Butte County RCD is governed by a five-member Board of Directors comprised of local landowners, ranchers, and farmers. Appointments are made by the Board of Supervisors, with one member nominated by each supervisory district. There are three vacancies on the District Board and Supervisor Connelly has nominated Dave Lee to represent District 1, Supervisor Kimmelshue has nominated Jeff Carter to represent District 4, and Supervisor Teeter has nominated Allen Harthorn to represent District 5. If appointed, each member would serve a term ending January 1, 2029. (OTHER) Action Requested - APPOINT DAVE LEE (DIST. 1), JEFF CARTER (DIST. 4), AND ALLEN HARTHORN (DIST. 5) TO THE BUTTE COUNTY RESOURCE CONSERVATION DISTRICT TO SERVE A TERM ENDING JANUARY 1, 2029. 4.5 Butte County Leadership Academy 2024 Program Summary In December 2023, the Board of Supervisors approved a contract for Butte County to partner with The Training Place at Butte College to facilitate a Countywide Leadership Academy. This academy provided a wide array of professional trainings conducted by qualified, professional trainers with its primary focus on succession planning for County leadership positions. The employees that participated in this academy were identified as a result of their professional accomplishments and selected for their future leadership potential. This presentation is an overview of the success of this academy and the partnership with The Training Place at Butte College including plans for future leadership academies. (DEPARTMENT OF HUMAN RESOURCES) Page 9 Action Requested - ACCEPT FOR INFORMATION 4.6 Prohousing Designation Program Application The Department of Development Services is applying for a Prohousing Designation under the Prohousing Program, which is administered by the Department of Housing and Community Development (HCD) pursuant to Government Code section 65589.9. The Prohousing Program provides incentives for jurisdictions that are compliant with State Housing Element Law and that have enacted Prohousing Policies that reduce barriers to construction to address the State's housing shortage and affordability crisis. Incentives include prioritizing grant applications for jurisdictions with a Prohousing Designation for specified housing and infrastructure grant funding. The Department has determined that the County's existing policies within the Butte County General Plan's Housing Element qualify for the Prohousing Designation, including coordination with developers to streamline the permitting process and collaboration with existing service providers to address special housing needs for homeless, disabled, and elderly persons, large families, and farmworkers. In order to receive a Prohousing Designation from the State, the County completed and submitted an application to HCD on December 30, 2024, in compliance with the deadline, beginning a review process that will conclude on March 7, 2025. HCD allows for the formal resolution to be submitted after the deadline as a supplement to the application package to allow jurisdictions to work within Board of Supervisors meeting timelines. Staff recommends the Board of Supervisors adopt a Resolution authorizing the Department's application for the State of California's Prohousing Program. (DEPARTMENT OF DEVELOPMENT SERVICES) Action Requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 4.7 Request for Building Permit Fee Waiver from the Golden Empire Council Boy Scouts of America The Golden Empire Council Boy Scouts of America, a 501(c)(3) nonprofit organization, has requested the Board of Supervisors waive County building permit fees associated with the permitting of a water tank and water tank storage structure. Butte County Code sections 1-18 and 3-40.5 allow the Board to waive fees under certain circumstances. As stated in section 3-40.5: “All or part of any fee specified in this article may be refunded or transferred to a related application upon order of the Board of Supervisors, if the applicant is a public entity or nonprofit charitable organization or if the Board finds that it is otherwise in the public interest to do so.” The total amount of the requested waiver is $9,542.93 which includes $9,387.93 for permit fees and $155 for a refund processing fee. (DEPARTMENT OF DEVELOPMENT SERVICES) Action Requested - 1) AUTHORIZE THE DEPARTMENT TO PROCESS A REFUND OF BUILDING PERMIT FEES IN THE AMOUNT OF $9,387.93; AND 2) WAIVE THE REFUND PROCESSING FEE OF $155.00 4.8 Summary of the Five-Mile Basin and Big Chico Creek Sediment Analysis and Post-Park Fire Report On May 28, 2024, the Board of Supervisors directed the Department of Public Works to prepare a report summarizing the existing conditions and process for the long-term Page 10 maintenance and management of the Five-Mile Basin, which regulates stormwater flows downstream along Big Chico Creek and Lindo Channel and provides critical flood protection to Chico and surrounding areas. Sediment from Big Chico Creek accumulates in the basin during high-water events, reducing stormwater capacity. Previously, ongoing maintenance efforts, including sediment harvesting, helped maintain the basin's flood control capacity. The California Department of Fish and Wildlife highlighted environmental impacts when issuing a cease-and-desist notice in 2021 for in-stream maintenance efforts, which limited the County’s ability to periodically remove sediment deposits to maintain the capacity of the flood diversion structures. The lack of necessary maintenance increased concerns among City of Chico residents and city leaders. The Department partnered with Northstar Engineering to conduct a volume calculation and hydraulic analysis of Big Chico Creek. Information gathered is presented in the Big Chico Creek Volume Calculation and Creek Hydraulic Analysis Report. On November 12, 2024, the Department presented a summary of the Park Fire Watershed Emergency Response Team (WERT) evaluation to the Board. The Department discussed county-maintained infrastructure identified in the WERT evaluation and the actions taken to address potential debris flow and flooding concerns. Recognizing the short-term impact debris flows may have on the Five-Mile Basin the Department commissioned a supplemental report reflecting the WERT evaluation. The Department has prepared a presentation of the sediment analysis and Post-Park Fire report recommendations. (DEPARTMENT OF PUBLIC WORKS) Action Requested - PROVIDE DIRECTION TO STAFF. 4.9 Resolution of Intent to Amend the Assessments for County Service Area (CSA) 172 and Conduct a Protest Hearing CSA 172 provides street lighting, stormwater drainage, fire suppression, and landscape maintenance services to 44 parcels in the Autumn Park subdivision. While maximum assessment charges have remained unchanged since its formation in 1999, infrastructure maintenance costs have increased significantly over the past twenty-five years. As a result, expenditures exceed CSA revenues and are depleting the CSA’s available fund balance. The Department of Public Works recommends an assessment increase, which, combined with a revised landscape contract for reduced services, will gradually increase fund balance and address anticipated future fire suppression system upgrades. The Department recommends approving a Resolution of Intent to proceed with a protest hearing to consider amending the assessments for CSA 172. This action would allow the Department to begin the Proposition 218 protest hearing process and set the Public Hearing for March 25, 2025, at 10:00 am to consider such a charge. If the assessment increase is not protested by a majority of CSA 172 property owners, election ballots will be mailed, and a public hearing scheduled for May 13, 2025, at 10:00 AM to determine whether the assessment increases shall be imposed as recommended. (DEPARTMENT OF PUBLIC WORKS) Action Requested - 1) ADOPT A RESOLUTION OF INTENT TO AMEND THE ASSESSMENTS FOR COUNTY SERVICE AREA (CSA) 172; AND 2) SET A PROTEST HEARING FOR MARCH 25, 2025, AT 10:00 AM. Page 11 4.10 Update on the Incompetent to Stand Trial (IST) Mental Health Rehabilitation Center (MHRC) Request for Proposals (RFPs) On February 22, 2024, the County was awarded the Department of State Hospitals IST Diversion and Community Based Restoration (CBR) Infrastructure Project grant in the amount of $4,687,500. The grant is administered by the State's grant intermediary, Advocates for Human Potential and is intended to facilitate the purchase or lease of a facility to house a 50-bed MHRC for the IST population. The grant was awarded based upon the number MHRC Beds the facility would provide at $93,750 per bed. The Department of Behavioral Health published two RFPs to solicit a service provider to develop, implement and operate the 50-bed MHRC for the IST population. The first RFP had no respondents, and the second RFP had one respondent that did not fit the required financial parameters. Without providers to develop and implement a 50-bed MHRC, the Department may be required to decline the grant award. An alternative could be to seek out a facility that would serve as an unlocked MHRC to house the IST population. The Department is seeking direction from the Board. (DEPARTMENT OF BEHAVIORAL HEALTH) Action Requested - PROVIDE DIRECTION TO STAFF. 4.11 Resolutions Authorizing Temporary Deputy Probation Officer Longevity and Hiring Bonus Programs Staff recruitment and subsequent retention of Deputy Probation Officer positions in the Probation Department has presented an ongoing challenge for Butte County for several years despite traditional efforts to find and keep staff. Additionally, the decreased staffing associated with recruitment difficulties and turnover has continued to add to the burden on current employees who have to carry larger caseloads. In response to these challenges, other agencies have recently implemented recruitment and retention incentives such as longevity and hiring bonuses to attract applicants and maintain staffing at required levels. The Chief Probation Officer recommends implementation of a temporary longevity bonus of $7,500 and hiring bonus of $5,000, subject to the implementation and management of the Human Resources Director. The longevity bonus would be paid to those full time Deputy Probation Officer positions employed on March 1, 2025. The hiring bonus of $5,000 would be for the 38 current vacant Deputy Probation Officer positions and continue through January 2026. By authorizing a similar program as other agencies there is an opportunity to retain existing and entice new qualified employees to these extremely difficult-to-fill positions. Program costs will be up to $818,000 and will be funded by Department salary savings which have significantly increased in recent years. (DEPARTMENT OF HUMAN RESOURCES) Action Requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 4.12 Update of Budget, Legislative, and other Current Issues by the Chief Administrative Officer 4.13 Board of Supervisors Public Comment (Continuation as needed) 4.14 Items Removed from the Consent Agenda for Board Consideration and Action Page 12 5. PUBLIC HEARINGS AND TIMED ITEMS 5.1 10:00 am - Timed Item - Introduction of an Ordinance to Amend Article XXIII to Chapter 2 of the Butte County Code Implementing a Community Choice Aggregation Program with Pioneer Energy (Pioneer) Community Choice Aggregator (CCA) programs allow local governments to procure electricity generation on behalf of residents and businesses at wholesale market rates while still utilizing the existing transmission and distribution infrastructure of utilities like PG&E. Butte County, along with the cities of Chico and Oroville, previously attempted to establish a local CCA, Butte Choice Energy (BCE), but market conditions prevented its launch. Pioneer is a Joint Powers Authority (JPA) serving El Dorado and Placer counties, and several cities in our region. Like BCE, Pioneer is committed to local investments in economic development, energy efficiency programs, and renewable energy. Pioneer prioritizes ratepayer savings and local control, working to provide competitive electricity rates with a discount over PG&E. On October 8, 2024, the Board directed staff to move forward with Pioneer. On December 19, 2024, the Pioneer Governing Board approved these expansion efforts and an amendment to their JPA. Chico, Paradise, and Oroville staff are introducing similar actions to their legislative bodies. Pursuant to California Public Utilities Code section 366.2(c)(12), the Department proposes the introduction of an ordinance that amends Article XXIII to Chapter 2 of the Butte County Code to implement a Community Choice Aggregation Program with Pioneer. (DEPARTMENT OF PUBLIC WORKS) Action Requested - WAIVE THE FIRST READING OF THE ORDINANCE. 5.2 11:00 am - Timed Item - 2025 State and Federal Legislative Platform Discussion Each year, the Board of Supervisors considers and adopts platforms establishing priorities with regard to State and federal legislation and regulation. These platforms provide a basis for advocacy throughout the year. The draft 2025 platforms were prepared in consultation with Department Heads, input from Board Members and assistance from the County's State and federal consultants. The documents continue to address issues such as public safety, health and human services, water, public infrastructure, local government finances, and general government. Paul Yoder of Shaw Yoder Antwih Schmelzer and Lange will discuss the State platform and provide updates regarding current legislative activities at the State level. Kristi More and Chris Griffin of The Ferguson Group will discuss the federal platform and legislative activities at the federal level. Staff recommend the Board approve the platform documents or provide direction on changes to be brought back for final considerations in February. (COUNTY ADMINISTRATION) Action Requested - APPROVE 2025 STATE AND FEDERAL LEGISLATIVE PLATFORMS OR PROVIDE DIRECTION TO STAFF. Page 13 5.3 12:00 pm - Public Hearing - Tuscan Water District Electoral Divisions The Tuscan Water District was formed by the Butte Local Agency Formation Commission (LAFCo) on February 1, 2024, subject to certain conditions. On July 17, 2024, the Tuscan Water District Board of Directors adopted Resolution 2024-07 requesting the Board of Supervisors establish electoral divisions based on the district map which depicts nine divisions of equal acreage size and boundaries in accordance with Water Code sections 35025 and 35026. The proposed action satisfies condition No. 9 of the LAFCo formation conditions. The Tuscan Water District Board of Directors requests the Board of Supervisors adopt a resolution to establish nine electoral divisions for Tuscan Water District based upon equal size in acres, utilizing boundaries set forth in the map prepared by the District in accordance with Water Code sections 35025 and 35026. (OTHER) Action Requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 6. BOARD OF SUPERVISORS CLOSED SESSION 6.1 Public Employee Employment, Appointment, Recruitment, Performance Evaluations, Including Goals, Discipline/Dismissal/Release, 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 6.2 Conference with Labor Negotiators pursuant to Government code section 54957.6 Agency Designated Representatives: 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 Page 14 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 6.3 Actual litigation pursuant to Gov. Code sec. 54956.9(d)(1) - one case: a. Hartman v. USA, COB et al United States District Court, Eastern District 2:20-cv-01492 (COUNTY COUNSEL) 6.4 Closed Session Public Comment Page 15 Butte County Department Heads Agricultural Commissioner: Katharine Quist Assessor*: Alyssa Douglass Auditor-Controller*: Graciela Gutierrez Behavioral Health: Scott Kennelly ChiefAdministrative 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: Tiffany Rowe, Interim Fire Chief: Garrett Sjolund General Services: Michael Hodson Human Resources: Sheri Waters Information Systems: Paul LaValley Library: Misty Wright Public Health: DeAnne Blankenship, Interim Public Works: Joshua Pack Sheriff-Coroner*: Kory Honea Treasurer-Tax Collector*: Troy Kidd UCCooperative Extension Advisor: Preet Ahluwalia 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 Page 16 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 NOP – Notice of Preparation Cal OES – California Office of Emergency Services OEM – Office of 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 Act 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