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HomeMy WebLinkAboutM011089January 10, 1989 Call to order - Board of Supervisors room. County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Fulton, McLaughlin Vercruse and Chairman McTnturf. Martin J. Nichols, chief administrative officer; Susan Roff, county counsel; and Carol Roach, assistant clerk to the Board. Not present: Supervisor Dolan. Pledge of allegiance to the Flag of the United States of America. (SUPERVISOR DOLAN PRESENT) 89--1 Swearing inta office - Supervisors Mclnturf, McLaughlin, and Fulton. (SWEARING INTO OFFICE OF SUPERVISORS McINTURF, McLAUGHLIN AND FULTON BY CANDACE GRUBBS, COUNTY CLERK-RECORDER, AND PRESENTATION OF CERTIFICATES OF ELECTION.) 89-2 Comments by Chairman Mclnturf. {78) 89-3 Election of new Berard Chairman. {145) MOTION: NOMINATION OF SUPERVISOR FULTON AS BOARD CHAIRMAN FOR 1989. S M VOTE: 1 Y 2 Y 3 Y ~# Y 5 NV {Mattan carried) 89-4 Election of new Board Vice-Chairman. {169) MOTION: NOMINATION OF SUPERVISOR McLAUGHLIN AS BOARD VICE-CHAIRMAN FOR 1989. S M VOTE: 1 Y 2 Y 3 Y 4 NV 5 Y (Motion carried) 89-5 Comments by Supervisors: a. Chairman Fulton. {180) Page 1 January 10, 1989 January 10. 1989 b. Vice-Chairman McLaughlin. (328} 89-5 PRESENTATION OF PLAQUE TO OUTGOING CHAIRMAN McINTURF BY CHAIRMAN FULTON. 89-7 Consent___Agenda (425) 1. Approval of minutes - action requested - APPROVE MINUTES OF DECEMBER 6, 1988, DECEMBER 13, 1988 AND DECEMBER 20, 1988. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-63 {GRANT PROGRAMS), B-64 (LIBRARY). B-66 (PLANNING}, B-67 (ELECTIONS), B-5$ (RECORDER), B-69 (RECORDER), B-70 (ASSESSOR}, AND B-71 {PUBLIC DEFENDER}. 3. County library donations - in accordance with Government Code Section 25355, donations have been received for the Butte County Library Trust for the purchase of books as follows: two (2) donations totaling $945 from Chico Friends of the Library, 5300 from Paradise Friends of the Library, and $2,000 from Jay O. Gibson - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. Appointments to Paradise Memorial Hall Committee - action requested - APPOINT ROBERT L. EASLEY, DELEGATE, AND JAMES T. HAYES, ALTERNATE, REPRESENTING THE NORTH VALLEY DETACHMENT OF MARINE CORPS LEAGUE TO SERVE UNTIL DECEMBER 31, 1989. 5. Appaintments to Durham Memorial Hall Committee -- action requested - APPOINT HUGH WELLS, MILTON WTLLADSEN, FARREL HAMILTON, JACK COON AND VERNON ELLIS TO SERVE UNTIL DECEMBER 31, 19$9. 6. Butte County Task Force on AIDS - action requested - APPROVE THE BY-LAWS FOR THE TASK FORCE AND AGREE TO ACCEPT APFLTCATTONS FOR MEMBERSHIP. 7. Paradise Modular Concepts, an behalf of Edwin and Dorothea Shoemaker - request to cross one foot easement at the end of Pinon Road (AP &5-12-10), Paradise Pines area - action requested - APPROVE CROSSING ONE FOOT NO ACCESS STRiP, SUBJECT TO OBTAINING AN ENCROACHMENT PERMIT AND CONSTRUCT APPROPRIATE DRIVEWAY TO PROVIDE ACCESS AS RECOMMENDED BY THE PUBLIC WORKS DEPARTMENT. Page 2 January 10, 1989 January 10. 1989 8. Trisha Beach, Oroville, files a claim in the amount of $85,000 as result of alleged injuries and damages sustained from October, 1987 through September, 1988 in working with food stamp unit employees of the Welfare Department - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 9. Daniel J. Sullivan, attorney at law - on behalf of Hnpe Leann Langdan, a minor and Gregory Wayne Langdon, a minor and their Guardian ad litem, Linda Ann Owen, files a claim in the amount of 51,500,000 as a result of alleged damages sustained on or about May 22, 1988 while their father was incarcerated in the Butte County Jail - action requested - REJECT CLAZM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 10. Health Department hemoglobin testing units - Board authorization is requested to purchase three hemoglobin testing units at a cost of $425 each to be used in health clinics. Funding will be provided by deferring the purchase of other items approved in the budget - action requested - AUTHORIZE THE PURCHASE OF FIXED ASSET ITEMS. 11. Juvenile hall daily parental charge rate - in accordance with the provisions of the Welfare and Institutions Code Section 903, the Auditor has camputed the daily parental charge rate in the amount of $6.05 based upon expenditures and daily population at the juvenile hall - action requested - APPROVE THE CHARGE RATE IN THE AMOUNT OF $6,05 AND DIRECT THAT SPECIFIC MEDICAL OR DENTAL COSTS NOT RECOVERABLE BY ANY OTHER MEANS BE IMPOSED ON PARENTS OF MINORS PLACED TN JUVENILE HALL TN ACCORDANCE WITH WELFARE AND INSTITUTIONS CODE SECTION 903. 12. Building inspection - request for relief from cash shortage - pursuant to the provisions of Government Code Section 29390 and Board resolution 75-177 relief from cash shortage in the amount of S10 from the Building Division change fund is requested. The District Attorney and Auditor support the request - action requested - APPROVE COVERAGE OF THE $10 SHORTAGE IN THE BUILDING DIVISION CHANGE FUND FROM THE COUNTY GENERAL FUND. Page 3 January 10, 1989 January 10, 1989. 13. Claims for excess proceeds - tax collection sale of tax defaulted properties - County Counsel advises that the following claimants should be awarded the entire excess proceeds acquired from the sale of the properties: Rita J. Appleby, AP D62-3D-0-D35-D, $1,208.06; Everett C. Sexton, AP 062-21-0-056-0, $1.642.63, and claimant Healy AP 061-48-0-015- 0, $9,160.60 - action requested - APPROVE DISTRIBUTION OF EXCESS PROCEEDS AS RECOMMENDED. 14. 1986 park bond monies reallocation - the City of Gridley and Feather River Recreation and Park District are requesting Board approval of reallocation of their 1986 park bond monies as follows: City of Gridley, $20,000 from Nick Daddow Plaza project to Vierra Park project and Feather Raver Recreation and Park District, $32,827 from Nelson Pool changing rooms project to renovation of Martin Luther Ring Park - action requested - APPROVE THE REALLOCATION OF PARK BOND MONIES AS REQUESTED. 15. Salary ordinance amendment - the amendment provides for adding nine (9) deputy sheriff positions to provide for transition of bailiffs over the next two year period in order to provide peace officer staffing of courts - action requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2727. 16. Ordinance adding section 2-140 to the Butte County Code establishing qualifications for the position of county auditor - action requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2728. 17. Ordinance repealing ordinance no. 2648 regarding the setting of Superior Court filing fees - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. 18. Resolution of appreciation to retiring California Highway Patrol Officer, Jim Tupen - action requested -- ADOPT RESOLUTION 89-004 AND AUTHORIZE THE CHAIRMAN TO SIGN. 19. 1988-89 federal aid secondary and state highway matching funds apportionment - a resolution has been prepared accepting in full the apportionment as follows: federal aid secondary funds, $360.737; and state highway matching funds, $100,000 - action requested - ADOPT RESOLUTION 89-001 AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 4 January 10, 1989 January 10. 1989 20. Liability claims adjusting services contract -- proposals have been evaluated for the County's general liability insurance program claims adjusting services for 1989 with the recommended firm being Gregg Bragg and Associates in the estimated amount of $35,000 - action requested - APPROVE SELECTION OF GREGG BRAGG AND ASSOCIATES AND APPROVE CONTRACT, SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR. 21. Animal and plant health inspection service animal damage control contract - agreement no. 12-34-73- 02~8-RA, a cooperative agreement between the County and the U.S. Department of Agriculture has been prepared regarding animal and plant inspection service covering the cost for salary and benefits of the county trapper. The term of the contract is from January 1, 1989 to continue indefinitely, subject to amendment - action requested - APPROVE COOPERATIVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 22. Countywide transportation needs meeting - the City of Chico has requested the county to be a joint sponsor of a meeting with members of the State Transportation Commission and representatives of Cal-Trans on countywide transportation needs - action requested - AGREE TO JOINT SPONSOR MEETING. 23. North County Municipal Court judgeship - action requested - AUTHORIZE A SECOND LETTER TO GOVERNOR DEUKMEJTAN REQUESTING HTS EARLY ACTION ON AN APPOINTMENT TO THE VACANT JUDGESHIP POSITION. 24. Butte Caunty Water Commission's letter to State Water Contractor's Association concerning Butte County's state water project entitlement - action requested - ACCEPT FOR INFORMATION. 25. Sheriff Department radios - Board authorization is requested to purchase two (2} mobile radios for the jail in the estimated amount of $1, 240 including tax and shipping. Sufficient funds are available within the department's fixed asset budget - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. 26. Amendment No. 3 - Butte County Fair association agreement - the amendment extends the operating agreement with the fair to June 30, 1989 - action requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 5 January 10,1989 January 14, x,989 27. State Department of Motor Vehicles Memorandum of Understanding - a Memorandum of Understanding has been prepared with the State Department of Motor Vehicles to provide inquiry and update access to the DMV computer for the North County Municipal Court - action requested - APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIRMAN TO SIGN. MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.Q1 AMENDED TO B-&8 (RECORDER). S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Rectular Acxenda 59-8 Items removed from the Consent Agenda for Board consideration and action. (NONE} 89-9 Appointments - commissions and committees. 0470} (STAFF TO PREPARE A LIST FOR THE BOARD OF ALL COMMITTEES ON WHICH SUPERVISORS STT THAT ARE ABSOLUTELY REQUIRED, AND THOSE ON WHICH SUPERVISORS SIT THAT ARE NOT CONSTITUTIONALLY REQUIRED.) a. Appointments to Citizens Advisory Committee for Energy, Natural Resources and Recreation Element. MOTION: MOVE TO APPOINT DAVID MEINBERG, DURHAM, AS A REPRESENTATIVE OF AGRICULTURE. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried} b. Appointments to committee vacancies. MOTION: MOVE TO REAPPOINT ROD JOHNSON TO THE FISH AND GAME COMMISSION; NOMINATE BOB WENTZ TO THE INDUSTRIAL DEVELOPMENT AUTHORITY OF BUTTE COUNTY; AND NOMINATE STEVE ONREN TO THE BUTTE COUNTY WATER COMMISSION AS REPRESENTATIVES OF DISTRICT 1. M S VOTE: 1 Y 2 Y 3 Y ~ Y 5 Y {Unanimously carried} MOTION: MOVE TO REAPPOINT MARY BRASHEARS TO THE COMMUNITY TRANSIT ADVISORY COMMITTEE AS A REPRESENTATIVE OF DISTRICT 2. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 5 January 10, 1989 January 10, 1989 (SUPERVISOR McLAUGHLIN NOT PRESENT) MOTION: MOVE TO APPOINT MAT MATSON, MAGALIA, TO THE DISTRICT 5 SEAT ON THE BUTTE COUNTY PLANNING COMMISSION. S M VOTE: 1 Y 2 Y 3 Y 4 AB 5 Y (Unanimously carried) (PRESENTATION BY CHAIRMAN FULTON TO MR. MATSON OF A BOOK "LITTLE BROTHERS AND THE MENACE OF ZONING AND PLANNING" IN RECOGNITION OF HIS SERVICE TO THE CITIZENS OF THE UPPER RIDGE.) (SUPERVISOR McLAUGHLIN PRESENT) MOTION: MOVE TO REAPPOINT BOB LYNCH TO THE BUTTE COUNTY PLANNING COMMISSION, AND JEAN PRATT TO THE WATER COMMISSION AS REPRESENTATIVES OF DISTRICT 4. S M VOTE; 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 89-10 Presentation of 1989 proposed legislative/regulatory platform for Butte County by Wagerman Associates. (613) MOTION: MOVE TO ADOPT THE LEGISLATIVE PLATFORM AS PRESENTED BY DALE WAGERMAN OF WAGERMAN ASSOCIATES. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 89-11 (PRESENTATION OF GAVEL BY SUPERVISOR McINTURF TO CHAIRMAN FULTON) 89-12 Consideration of late appeal pursuant to Butte County Code Section 20-66 - Bachman & Associates, on behalf of Richard Fiore, appeals condition #7 an the Sequoyah Estates Subdivision, AP 43-04-80, 93, 95 and 97, 18 lots, property located between West 12th Avenue and West 11th Avenue, east of Fern Avenue, Chico area - action requested - CONSIDER LATE APPEAL IN ACCORDANCE WITH THE COUNTY CODE, AND IF APPROPRIATE, SET PUBLIC HEARING FOR JANUARY 31. 1989 AT 11:3fl A.M. (967) MOTION: MOVE TO DENY THE REQUEST FOR LATE APPEAL. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 7 January 10, 1989 January 10. 1989 89-13 Consideration of establishing an emergency medical services fund through a $2 surcharge on each S10 assessment imposed on persons who violate various provisions of the penal and vehicle codes - action requested: {1087? a. ADOPT RESOLUTION ESTABLISHING AN EMERGENCY MEDICAL SERVICES FUND AND AUTHORIZING AN ASSESSMENT TO FUND THE EMERGENCY MEDICAL SERVIGES FUND. b. DIRECT PUBLIC HEALTH DEPARTMENT TO ADMINISTER THE BUTTE COUNTY EMERGENCY MEDICAL SERVICES FUND. MOTION: MOVE TO ADOPT RESOLUTION $9-002 ESTABLISHING AN EMERGENCY MEDICAL SERVICES FUND AND AUTHORIZING AN ASSESSMENT TO FUND THE EMERGENCY MEDICAL SERVICES FUND. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) MOTION: DIRECT PUBLIC HEALTH DEPARTMENT TO ADMINISTER THE BUTTE COUNTY EMERGENCY MEDICAL SERVICES FUND. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) $9-14 Consideration of applying selected benefit changes to appointed and elected officials to be effective January 21, 1989. {157) MOTION: MOVE TO APPROVE THE RECOMMENDATION. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 89-15 Consideration of setting public hearings for the four general plan amendment hearings. (1603) MOTION: MOVE TO SET GENERAL PLAN AMENDMENT HEARINGS FOR FEBRUARY 7, 1989, AND THE MONTHS OF JUNE, OCTOBER AND DECEMBER, WHICH WILL REMAIN FLEXIBLE. RECESS: 10:03 A.M. RECONVENE: 10:23 A.M. Page 8 January 10, 1989 Januar 10 1989 89--16 (CHIEF ADMINISTRATIVE OFFICER DIRECTED TO MEET WITH THE SHERIFF, CALIFORNIA HIGHWAY PATROL AND THE DIRECTOR OF PUBLIC HEALTH REGARDING THE IMPACT OF THE ESTABLISHMENT OF THE EMERGENCY MEDICAL SERVICES FUND.) 89-17 Report from Chief Administrative Officer and County Counsel on county financial support of a proposed statewide initiative - action requested: a. Authorise the payment of a special assessment to the County Supervisors Association of California in the amount of $3,000. b. Approve a budget transfer in the amount of $3,000 €rom contingencies. (1694) MOTION: MOVE TO AUTHORIZE THE PAYMENT OF A SPECIAL ASSESSMENT TO THE COUNTY SUPERVISORS ASSOCIATION OF CALIFORNIA IN THE AMOUNT OF $3 , 000 , TO BE ACCOMPANIED BY A LETTER OUTLINING THE FOLLOWING EXPRESS CONDITIONS : ( ~. ) CSAC AND ITS CONTRACTORS SHALL ONLY USE THE ASSESSMENT FOR THE PHASE I PROGRAM AS SPECIFIED; (2) THE PHASE I ASSESSMENT SHALL NOT BE USED BY CSAC OR ITS CONTRACTORS FOR THE PURPOSE OF INFLUENCING OR ATTEMPTING TO INFLUENCE THE ACTION OF THE VOTERS FOR OR AGAINST THE QUALIFICATION OR PASSAGE OF ANY COUNTY FUNDING INITIATIVE; AND (3} THE PHASE I PROGRAM SHALL NOT BE CARRIED OUT BY CSAC OR ITS CONTRACTORS IN A MANNER THAT WOULD CONSTITUTE PARTISAN CAMPAIGNING TO ADVOCATE ONE SIDE OF AN ELECTION ISSUE OR ADVOCACY OR PROMOTION OF A SINGLE VIEW IN AN EFFORT TO INFLUENCE THE ELECTORATE, AND APPROVE A BUDGET TRANSFER IN THE AMOUNT OF $3,000 FROM CONTINGENCIES. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 89-18 Appointment of Distract 1, 4 and 5 representatives to the Butte County Planning Commission. (1857) (REFER TO MINUTE ORDER 89-9) 89-19 Consideration of amending the Butte County Association of Governments Cooperative Agreement regarding the number of supervisors for a quorum of membership. (3.870) MOTION: MOVE TO DENY THE REQUEST. M S VOTE: 1 Y 2 N 3 Y 4 Y 5 N (Motion carried} Page 9 January 10, 1989 January 1D, 1989 $9-20 Tentative agreement with social services unit. {2140) {NO ACTION TAKEN) ~. $9-21 CLOSED SESSION: The Board recessed to closed session at 1D:40 a.m. for actual litigation pursuant to 54956.9(a) of the Government Cade as follows: Cooke vs. County of Butte, Case No. 96251, Organ vs. Dolan, Case No. 96241 and Communication Workers of America Local 9414 vs. County of Butte, et al, Gase No. 100821, personnel matter, and meet and confer. RECONVENE: The Board reconvened at 11:15 a,m. following a closed session on actual litigation, personnel matter, meet and confer. {SUPERVISOR McLAUGHLTN NOT PRESENT) MOTION: MOVE TO AUTHORIZE THAT COUNTY COUNSEL'S OFFICE RETAIN THE SERVICES OF CHRIS BURDICK TO REPRESENT THE COUNTY IN NEW LITIGATION FILED AGAINST THE COUNTY IN THE COMMUNICATION WORKERS OF AMERICA LAWSUIT.` M S VOTE: l Y 2 Y 3 Y 4 AB 5 Y (Unanimously carried) Public Hearings and Timed Items {SUPERVISOR McLAUGHLIN PRESENT) {ROB GLUSMAN, SPECIAL COUNSEL TO BUTTE COUNTY COUNSEL'S OFFICE? 89-22 Public hearing - Dental element o€ the General Assistance Standards of Aid and Care. {2349? {**00) {PUBLIC HEARING CLOSED) {RECORD TO REMAIN OPEN ON THIS MATTER TO JANUARY 2D, 1989 AT 5:DD P.M. FOR SUBMISSION OF ADDITIONAL WRITTEN INFORMATION) (NEIL McCABE, DEPUTY COUNTY COUNSEL PRESENT FOR SUSAN ROFF, COUNTY COUNSEL) Page 14 January 10, 1989 January 10, 1989 89-23 Public hearing - Amber Grove IT (Webb Homes) - appeal of the Advisory Agency's denial of an appeal of a requirement of an environmental impact report an tentative vesting subdivision map, AP 06-60-05 {portion), 114 lots, property located on the west side of Esplanade approximately 700 feet north of Shasta Avenue, Chico area. (500) (CONTINUED OPEN TO FEBRUARY 7, 19$9 AT 11:Q0 A.M.) RECESS: 12:00 P.M. RECONVENE: 12:08 P.M. Regular___Agenda 89-2g Report from Chief Administrative Officer on trial court funding program - action requested - ADOPT A RESOLUTION OPTING INTO THE TRIAL COURT FUNDING PROGRAM. {650) {SUPERVISOR FULTON TO BE THE BOARD'S REPRESENTATIVE IN THE CLASSIFICATION REVIEW PROCESS WITH THE JUDGES) MOTION. ADOPT RESOLUTION 89-003 OPTING INTO THE TRIAL COURT FUNDING PROGRAM. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) 89-25 Communications Communications received and referred. {COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. City of Gridley -forwards its resolution approving the adoption of Butte County Hazardous Waste Management Plan - action requested -INFORMATION ONLY. b. State Office of Criminal Justice Planning - writes in follow-up to the Board's letter concerning funding for marijuana eradication programs -action requested - INFORMATION ONLY. c. NorthStar Engineering - on behalf of Shastan Company, Inc. - writes requesting the possibility of initiating a construction reimbursement agreement between Shastan and the county - action requested - REFER TO PUBLIC WORKS FOR REPORT AND RECOMMENDATION. Page 11 January 10, 1989 .~ January 10, 1989 89-26 Public Comment. {PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS ZS PROHIBITED BY STATE LAW FROM TARING ACTION ON ANY ITEM PRESENTED IF IT TS NOT LISTED ON THE AGENDA.} {1029} a. James Hansen. Oroville -- South Orovil3.e poisoning by dioxin. Rectular Aqenda 89-27 Tentative agreement with social. services unit. {2118} {GIFFORD MASSEY, BUTTE COUNTY EMPLOYEES ASSOCIATION} 89--28 ADJOURNMENT: There be~.ng nothing further before the Board at this time, the meeting was adjourned at 12:2 p.m. to reconvene on Tuesday, January 24, 1989 at 9:00 a.m. C 'rman, B and of Supervisors ATTEST: MARTIN J. NIC LS, Chief Administrative Off'cer and C rk of the Board By• Page 12 January 10 , ~. 9 $ 9