Agenda Items

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5. PUBLIC HEARINGS AND TIMED ITEMS

5.01 9:30 AM - Public Hearing - Resolution Adopting Service Charges in the County of Butte for FY 2020-21

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A County Service Area (CSA) or Permanent Road Division (PRD) is a type of dependent special district governed by the Board of Supervisors. Some CSAs and PRDs are funded by service charges to property owners within the district. These service charges are set annually by the Board based on need as anticipated in the adopted CSA and PRD budgets. The process for setting these charges is laid out in Government Code section 25215.5 for CSAs, and Streets and Highway Code section 1178 for PRDs. Annually, the Department of General Services, the Department of Public Health, and the Department of Public Works manage the areas funded with service charges and prepare a budget for anticipated expenses in that given year, which is part of the FY 2020-21 Budget. Each of these Departments calculate the requested parcel charges not to exceed the maximum voter approved amount previously established pursuant to Proposition 218 (the Right to Vote on Taxes Act). These charges may fluctuate year by year depending on the anticipated funding needs as approved in the FY 2020-21 Budget, number of parcels in the area, and other available resources. Staff recommends the Board adopt the proposed per parcel service charges as laid out in Exhibit A of the resolution. These charges may also be found online at www.buttecounty.net/CSAcharges. (County Administration)

5.02 9:45 AM - Public Hearing - Consideration of the Submittal of a State Community Development Block Grant (CDBG) Application

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Each year, the State CDBG program allocates funds for eligible CDBG activities. Eligible cities and counties may submit applications to fund activities under the Notice of Funding Availability (NOFA). Under the original 2019-2020 CDBG NOFA, the County previously submitted an application for $1,296,500 to support Public Services. On June 16, 2020 the State issued an amended 2019-2020 CDBG program NOFA to revise the Economic Development competitive program to improve accessibility and utilization in the face of COVID-19. Based on the amended NOFA, eligible jurisdictions may apply for funds to support Business Assistance and/or Micro-Enterprise Assistance. County Administration recommends applying for the maximum amount per the NOFA of $250,000 for Micro-Enterprise Assistance. The application budget includes: Administration - $17,500; Activity Delivery - $39,442; and Micro-Enterprise Assistance - $193,058. The Micro-Enterprise Assistance activity includes both technical assistance and financial assistance to qualified businesses of five or fewer employees. The proposed technical assistance will focus on assisting businesses with the tools necessary to modify their business models in light of COVID-19. The financial assistance will provide small, forgivable loans to qualified businesses. If the grant is awarded, staff will return to the Board of Supervisors for consideration of the Micro-Enterprise Assistance Program Guidelines. (County Administration)

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5.03 9:50 AM - Public Hearing - Resolution Approving an Application for Funding and the Execution of a Grant Agreement from the 2020 Community Development Block Grant (CDBG) Coronavirus Response Round 1 (CDBG-CV1)

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The California Department of Housing and Community Development (HCD) receives funding from the United States Department of Housing and Urban Development (HUD) for the CDBG Program and allocates funds to CDBG eligible non-entitlement jurisdictions. Approximately $18.7 million in new CDBG-CV1 federal funds authorized by the Coronavirus Aid, Relief, and Economic Security (CARES) Act, will be allocated to eligible jurisdictions to perform activities related to COVID-19 response and recovery. The CARES Act provides CDBG funds specifically targeted to prevent, prepare for, and respond to coronavirus. Eligible activities include: assistance to businesses and microenterprises impacted by COVID-19 stay-at-home orders and shut-downs; public services related to COVID-19 support; facility improvements related to COVID-19 healthcare and homeless housing needs; and, acquisition of real property to be used for the treatment or recovery of infectious diseases in response to COVID-19. The County's unincorporated area allocation for CDBG-CV1 is $279,919. County Administration recommends applying for the maximum allocation for the County under the following activities: Public Services - Food Bank $232,333; and General Administration $47,586. (County Administration)

5.04 10:00 AM – Public Hearing

Resolution No. 20-109 Ordinance No. 4185

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A. Applications for a General Plan Amendment, Rezone, and Parcel Merger for Siller Brothers, Inc.

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These applications are a request for a General Plan Amendment (GPA19-0001), Rezone (REZ19-0001), and Parcel Merger (MER20-0001). The general plan amendment application is proposed to amend the Land Use Map of the County's General Plan for one parcel from Agriculture (AG) to Timber Mountain (TM). The Rezone application is proposing to amend the Zoning Map for one parcel from AG-40 (Agriculture, 40-acre minimum parcel size) to TPZ (Timber Production Zone) and nine parcels from TM (Timber Mountain) to TPZ (Timber Production Zone). The Parcel Merger will combine six parcels in the Lake Madrone project area into a single parcel of 438.3 acres, and combine two parcels in the LaFace project area into a single parcel of 323.69 acres. The Board of Supervisors considered these applications at its May 26, 2020 Board Meeting. At that hearing, errors concerning Assessor Parcel Numbers came to the attention of staff and were reported to the Board. Action on the project was continued by the Board pending corrections. Corrections were made as follows: Assessor Parcel Number 062-660-001 was corrected to 062-620-001 for the Lake Madrone project area. Additionally, the notice for the Board hearing was missing one of the ten applicable Assessor Parcel Numbers, 062-620-013, which has been included in the latest public hearing notice. The project was reviewed again by the Planning Commission at a public hearing on June 25, 2020, including all corrections. The Planning Commission, on a 5-0 vote, recommended approval of the General Plan Amendment, Rezone and Parcel Merger. The resolution included with the agenda items is combined with another General Plan Amendment (Larry Royal), as the County is limited to four amendments annually. (Development Services)

B. Resolution Authorizing a General Plan Amendment, Rezone and Lot Line Adjustment for Larry Royal

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These applications are a request for a General Plan Amendment (GPA19-0002), Rezone (REZ19-0002), and Lot Line Adjustment (LLA19-0019). The General Plan Amendment is an exchange of 1.16 acres of Retail and Office (RTL) property on the eastern portion of APN 041-120-128 with 1.16 acres of Agriculture (AG) property along Clark Road of APN 041-120-129. The Rezone is an exchange 1.16 acres of General Commercial (G-C) zoned property on the eastern portion of APN 041-120-128 with 1.16 acres of AG-40 (40-acre minimum) property along Clark Road of APN 041-120-129. The Lot Line Adjustment will reduce APN 041-120-128 from 5 acres to 3.84 acres and increase APN 041-120-129 from 304 acres to 305.16 acres. Mr. Royal is doing this to incorporate existing improvements and structures to provide for a retail commercial use (farm and hardware store) on the proposed new General Commercial Zone. The Board of Supervisors considered this item at its May 26, 2020 Board Meeting, and on a 5-0 vote motioned to adopt the ordinance amending the zoning map to change the zoning of the project parcels (Ordinance No. 4182), and made a motion of intent to adopt a resolution approving the General Plan Amendment and Lot Line Adjustment. The resolution included with the agenda items is combined with another General Plan Amendment (Siller Brothers), as the County is limited to four amendments annually. (Development Services)

5.05 10:45 AM - Timed Item - PG&E Settlement Fund Priorities and Policy Discussion

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Butte County received a $252 million settlement from PG&E to compensate the County for the impacts from the Camp Fire to County functions which was caused by PG&E's criminal negligence. The County's net settlement revenue after attorney's fees is $204.4 million plus a $150,000 reimbursement to the General Fund for the County's in-house legal costs. At the FY 2020-21 budget hearings on July 21, 2020, the Board of Supervisors directed that a new fund called the "PG&E Settlement Fund" be established and the settlement funds be committed to County stability, hazard mitigation, and recovery. The use of the PG&E Settlement funds is at the sole discretion of the Board of Supervisors. Since there are no restrictions on the use of these funds, the Board can give new direction on the uses of the funds or change priorities at any time with a majority vote, or if budgetary action is included with a 4/5 vote.The Chief Administrative Officer (CAO) recommends that the Board of Supervisors discuss and provide direction on the use of PG&E Settlement funds including priorities, types of projects, and initiatives. Additionally, the CAO recommends the Board provide direction on the development of a PG&E Settlement Fund Policy. (County Administration)

6. BOARD OF SUPERVISORS PUBLIC COMMENT

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