Regular Meeting

Tuesday, October 03, 2023

9:00 AM

 

County Administration Center

1450 Court Street, Suite 263

Redding, California

 

Board Members:

District 1: Kevin W. Crye

District 2: Tim Garman

District 3: Mary Rickert

District 4: Patrick Jones

District 5: Chris Kelstrom

 

County Executive Officer:

David J. Rickert

 

 

View full agenda packet and staff reports for items on today’s agenda:

 

 

 

www.ShastaCounty.gov

 

 

 

 

SHASTA COUNTY BOARD OF SUPERVISORS

MEETING AGENDA

 

About the agenda:

 

The agenda is divided into two sections:  CONSENT CALENDAR: These are routine items and are usually acted upon at one time without discussion. REGULAR CALENDAR: These items include significant financial, policy, and administrative actions, as well as scheduled public hearings. 

 

Each agenda item is accompanied by a staff report, which provides additional background information.  Staff reports are available online at ShastaCounty.gov or by scanning the QR code on the left.

 

To address the Board:

 

Please fill out a speaker request form and provide it to the Clerk before the meeting begins.  Speaker request forms are available at the back of the Board Chambers or online.  Each speaker is allocated up to three minutes of speaking time.

 

The Board provides the following opportunities for public comment:

  • Public Comment-Open Time period, where you may address the Board on any matter not listed on the agenda that is within the subject matter jurisdiction of the Board.
  • Opportunity for comments on Consent Calendar items prior to approval of the Consent Calendar.
  • Opportunity for comments on any Regular Calendar item before or during the Board’s consideration of that item.

 

Participating in the meeting:

 

Your interest is encouraged and appreciated.  The Board wishes to ensure that business is conducted in an orderly fashion and that all have an equal opportunity to observe and participate in the proceedings. Each person who addresses the Board of Supervisors shall not use loud, threatening, profane, or abusive language which disrupts, disturbs, or otherwise impedes the orderly conduct of the Board meeting. Disorderly conduct which disrupts the orderly conduct of the Board meeting is prohibited.

 

If the meeting has not concluded by 12:00 p.m., the Board may recess for 30 minutes and reconvene at 12:30 p.m. 

 

CALL TO ORDER

 

Invocation: Pastor Sam Smith, LifeGate Ministries

 

Pledge of Allegiance: Supervisor Garman

 

REGULAR CALENDAR

Members of the public may comment on any item on the Regular Calendar before or during the Board's consideration of the item. Members of the public may also address matters scheduled for public hearings at the time such public hearings are opened for comment. Each speaker is allocated three minutes to speak.

 

Board Matters

 

R1

Adopt a proclamation which designates October 3, 2023, as “Global War on Terrorism and Desert Storm Veterans Appreciation Day” in Shasta County.

 

No General Fund Impact

 

Simple Majority Vote

 

PUBLIC COMMENT PERIOD - OPEN TIME

During the Public Comment Open Time period, the public may address the Board on any matter not listed on the agenda that is within the subject matter jurisdiction of the Board of Supervisors. Each speaker is allocated three minutes to speak.

 

REGULAR CALENDAR, CONTINUED

 

Board Matters, Continued

 

R2

Introduce and waive the reading of "An Ordinance of the Board of Supervisors of the County of Shasta Establishing an Elections Oversight and Advisory Committee" (Sponsored by Supervisor Jones).

 

No Additional General Fund Impact

 

Simple Majority Vote

 

R3

Adopt a proclamation which designates October 2023, as "Global Youth Justice Month" in Shasta County (Sponsored by Supervisor Crye).

 

No Additional General Fund Impact

 

Simple Majority Vote

 

R4

Receive an update regarding the Fountain Wind Project and consider providing direction to staff to allocate funds towards community education. (Sponsored by Supervisor Jones).

 

Future General Fund Impact

 

Simple Majority Vote

 

CONSENT CALENDAR

The following Consent Calendar items are expected to be routine and non-controversial. They may be acted upon by the Board at one time without discussion. Any Board member or staff member may request that an item be removed from the Consent Calendar for discussion and consideration. Members of the public may comment on any item on the Consent Calendar before the Board's consideration of the Consent Calendar. Each speaker is allocated three minutes to speak.

 

Department of Child Support Services

 

C1

Approve a retroactive renewal agreement with Online Data Exchange, LLC, for eOSCAR System to process credit disputes and designate authority to sign the Terms of Use.

 

No General Fund Impact

 

Simple Majority Vote

 

Probation

 

C2

Approve an amendment to the agreement with the Anderson Union High School District for Deputy Probation Officers to serve as Juvenile Prevention Officers which adds a Deputy Probation Officer III to serve as a Juvenile Prevention Officer at Anderson Union High School and increases compensation payable to the County.

 

No General Fund Impact

 

Simple Majority Vote

 

Public Works

 

C3

Take the following actions regarding Tract No. 18-0001, Stillwater Ranches Unit 2 Phase 2 (SR) in the Palo Cedro area: (1) For the SR Permanent Road Division (PRD) receive: (a) a petition for formation and the petition for activation of the PRD; (b) an affidavit verifying information contained in the petitions; (c) the annual maintenance cost estimate for the PRD; (d) the County Surveyor’s Report on the boundary description (in the form of a map); (e) the Consent and Waiver to Assess Annual Parcel Charges from Albert L. Shufelberger, President of Stillwater Properties, a California Corporation; and (f) the annual parcel charge report; (2) adopt a resolution which forms the PRD and a resolution which confirms the annual parcel charge report for Fiscal Year 2024-2025; and (3) for SR: (a) approve the Final Map for filing and recordation; (b) find that as required by Planning Commission Resolution No. 2018-033, adopted November 8, 2018, all required offers of dedication for public roads, pedestrian path easements, public utility easements, and open space easements as shown on the Final Map have been made and on behalf of the public, accept said offers of dedication; and (c) approve and execute a Maintenance Agreement with the Developer guaranteeing workmanship on the project roads and accept a security for maintenance in the amount of $83,847.

 

No General Fund Impact

 

Simple Majority Vote

 

C4

Approve an amendment to the agreement with Packway Materials, Inc., for water transport services, which increases maximum compensation and corrects a clerical error on the signature page.

 

General Fund Impact

 

Simple Majority Vote

 

C5

Designate authority to sign a revenue agreement with the Department of Forestry and Fire Protection for emergency use of the facilities at Fall River Mills Airport.

 

No General Fund Impact

 

Simple Majority Vote

 

C6

Accept the donation of two speed feedback signs from the North Cow Creek School and find the donation and installation of the signs categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section Guidelines Section 15301, Class 1 – Existing Facilities.

 

No General Fund Impact

 

Simple Majority Vote

 

C7

Take the following actions regarding the “Shasta County Mental Health HVAC Replacement Project,” Contract No. 610949 (Project): (1) Find the Project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301, Class 1 – Existing Facilities; (2) approve plans and specifications and direct the Public Works Director to advertise for bids; and (3) authorize opening of bids on or after November 2, 2023, at 11:00 a.m.

 

No Additional General Fund Impact

 

Simple Majority Vote

 

C8

Take the following actions regarding the “CSA No. 3-Castella Water Intake Replacement Project,” Contract No. 610471, (Project): (1) Adopt a resolution which adopts a California Environmental Quality Act (CEQA) determination of a Mitigated Negative Declaration (MND) subject to the findings; (2) approve the Project as described and defined in the MND; (3) authorize staff to move forward with the construction phase of the Project; and (4) approve a budget amendment increasing appropriations and revenue by $1,751,000 in the CSA No. 3-Castella Water Administration Budget (BU 374).

 

General Fund Impact

 

4/5 Vote

 

REGULAR CALENDAR, CONTINUED

 

County Administrative Office

 

R5

Take the following actions: (1) Receive an update from the County Executive Officer on County issues and consider action on specific legislation related to Shasta County's legislative platform; and (2) receive Supervisors' reports on countywide issues.

 

No Additional General Fund Impact

 

Simple Majority Vote

 

County Clerk-Elections

 

R6

Take the following actions: (1) Receive a Certificate of Sufficiency for the Petition to Recall Kevin Crye, Shasta County Supervisor, District 1 (“Supervisor Crye”); and (2) pursuant to Elections Code section 11240, adopt a resolution ordering that a special election be held in accordance with law to determine whether or not Supervisor Crye shall be recalled.

 

General Fund Impact

 

Simple Majority Vote

 

SCHEDULED HEARINGS

A court challenge to action taken by the Board of Supervisors on any project or decision may be limited to only those issues raised during the public hearing or in written correspondence delivered to the Board of Supervisors during, or prior to, the scheduled public hearing.

 

Resource Management

 

R7

Take the following actions: (1) Conduct a public hearing; (2) adopt the California Environmental Quality Act determination of a Negative Declaration; (3) adopt the recommended findings listed in Planning Commission Resolution 2023-017; and (4) introduce, waive the reading of, and enact two ordinances related to the Hawes Farms agritourism/agritainment proposal to rezone an existing Planned Development (PD) zone district to a revised PD zone district for an approximately 8.25-acre parcel and to change the zoning of four parcels totaling approximately 137.09 acres from the PD and Limited Agriculture (A-1) zone districts to the Commercial Recreation (C-R) zone district identified as Zone Amendment 21-0002. The approximately 145.34-acre project site is located at 6171 Deschutes Road, 6465 Deschutes Road, and 21945 Dersch Road, Anderson, CA 96007 (Assessor’s Parcel Numbers (APNs) 057-190-031, 057-190-036, 057-190-037, 057-190-041, and 057-190-040 as those APNs are assigned for purposes of the 2023 Regular Assessment Roll). No changes are proposed to the Designated Flood (F-1) and Restrictive Flood (F-2) combining zone districts within the southern portion of the project site, the Building Site (B) combining districts applicable to APNs 057-190-037 and 057-190-041, and the Interim Mineral Resource (IMR) combining district appliable to APN 057-190-041.

 

No Additional General Fund Impact

 

Simple Majority Vote

 

CLOSED SESSION ANNOUNCEMENT

The Board of Supervisors will recess to a Closed Session to discuss the following item(s) (estimated 50 minutes):

 

R8

PUBLIC EMPLOYEE APPOINTMENT

(Government Code section 54957):

 

 

Title: Health Officer

 

 

R9

CONFERENCE WITH LABOR NEGOTIATOR

(Government Code section 54957.6):

 

Agency Designated Representatives:

County Executive Officer David Rickert

Personnel Director Monica Fugitt

 

Unrepresented Position:

Title: Health Officer

 

 

R10

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION

(Government Code section 54956.9, subdivision (d), paragraph (2)):

 

Significant Exposure to Litigation: One potential case

 

Pursuant to Government Code section 54956.9, the facts and circumstances that might result in litigation against the County and that are known to a potential plaintiff are set forth in a letter to the County, dated September 20, 2023, from the First Amendment Coalition and the ACLU of Northern California regarding Shasta County Ordinance No. 755 (the County’s Public Records Act Fee Ordinance).  A copy of the letter is available upon request to the Clerk of the Board’s Office.

 

 

At the conclusion of the Closed Session, reportable action, if any, will be reported in Open Session.

  

REPORT OF CLOSED SESSION ACTIONS

 

ADJOURN

 

 

 

ACCESSIBILITY: Reasonable accommodations will be made for individuals with disabilities in order to participate in the public meeting, with any doubt being resolved in favor of accessibility. If you would like to request an accommodation for accessibility, please contact the Clerk of the Board at (530) 225-5550. To better enable us to assist you, please contact us with your request at least 24 hours prior to the meeting.

 

COMMUNICATIONS: Communications received by the Board of Supervisors are on file and available for review in the Clerk of the Board's Office. Public records which relate to any of the matters on this agenda (except Closed Session items), and which have been distributed to the members of the Board, are available for public inspection at the office of the Clerk of the Board of Supervisors, 1450 Court Street, Suite 308B, Redding, CA 96001-1673.

 

FIND MEETING INFORMATION ONLINE: The Board of Supervisors meetings are viewable via livestream and archived recording on Shasta County's website at https://www.shastacounty.gov/clerk-board/page/meeting-videos.

 

Agendas, minutes, and other Board of Supervisors documents are also available online.

 

The County of Shasta does not discriminate on the basis of disability in admission to, access to, or operation of its buildings, facilities, programs, services, or activities. The County does not discriminate on the basis of disability in its hiring or employment practices. Questions, complaints, or requests for additional information regarding the Americans with Disabilities Act (ADA) may be forwarded to the County's ADA Coordinator: Director of Support Services, County of Shasta, 1450 Court Street, Room 348, Redding, CA 960011676, Phone: (530) 225-5515, California Relay Service: (800) 735-2922, Fax: (530) 2255345, E-mail: [email protected]. Individuals with disabilities who need auxiliary aids and/or services for effective communication in the County's programs and services are invited to make their needs and preferences known to the affected department or the ADA Coordinator. For aids or services needed for effective communication during Board of Supervisors meetings, please call Clerk of the Board (530) 225-5550 at least 24 hours before the meeting. This notice is available in accessible alternate formats from the affected department or the ADA Coordinator. Accommodations may include, but are not limited to, interpreters, assistive listening devices, accessible seating, or documentation in an alternate format.