HomeMy WebLinkAboutM032288xarch a_z . ~9s8
Call to order - Board of Supervisors roam, County Administration
Building, 25 County Center Drive, Oroville. Present; Supervisors
Dolan, Fulton. McLaughlin and Chairman Mclnturf. Martin J. Nichols,
chief administrative officer; Susan Roff, county counsel; and Carol
Roach, deputy clerk of the Board. Absent: Supervisor Vercruse.
Fledge of allegiance to the Flag of the United States of America.
88-154 Consent A~eada
1. Approval of minutes - action requested -APPROVE MINUTES OF
MARCH 8, 1988.
2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS
B-144 {PUBLIC CORKS}, B-145 (COUNTY SERVICE AREAS), B-146
(COUNTY SERVICE AREAS}. B-147 {SHERIFF), B-148 {SUPERIOR COURT),
8-149 {COUNTY COUNSEL), B-150 {CYNIC DISASTER), B-154 (DATA
PROCESSING), B-155 {MENTAL HEALTH}. B-156 {MENTAL HEALTH), B-157
{PUBLIC HEALTH), B-158 {PUBLIC HEALTH), B-159 {MENTAL HEALTH),
B-160 {PLANNING) AND B-161 {PUBLIC WORKS).
3. Charles L. Rathbun, attorney at law - on behalf of
Marvin D. Balmer, and his daughter SNB, files a claim in the
amount of $10,444,040 as a result of alleged injuries and
damages sustained between February 1, 1987 and February 1, 1988
involving Child Protective Services - action requested _ RE3ECT
CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
4. Charles L. Rathbun, attorney at law - on behalf of
Marvin D. Balmer, files a claim in the amount of $10,004,000 as
a result of alleged injuries and damages sustained between
February ~., 1987 and February 1, 1988 involving Child Protective
Services - RE3ECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK
MANAGEMENT.
Page 7S
March 22. 1988
/. ~
March 22 1988
5. Jack L, Taylor, attorney at law - on behalf of Jack Manley to
minor) files an application for leave to present late claim and
claim in the amount of 53,335,000 as a result of alleged
injuries and damages sustained on or about October 2, 1987 as a
result of an automobile/bicycle accident near the intersection
of Sweem Street and Grand Avenue in the Oroville area -action
requested -GRANT APPLICATION FOR LEAVE TO PRESENT LATE CLAIM,
REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
6. Mark Arruti, attorney at law - on behalf of Superior Pipelines,
Inc., files a claim for indemnity as a result of a motorcycle
accident occurring at the intersection of Palermo Road and Lone
Tree Road on August 4, 1985 - action requested - REJECT CLAIM
AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
7. F. L. iiilliamson, attorney at law - on behalf of Helen Shelton
and Darryl Shelton, files a claim in the amount of 51,501.814.30
as a result of alleged injuries and damages occurring on or
about November 11, 2987 involving the death of William Shelton
an East Gridley Road near the intersection of Larkin Road -
action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND
RISK MANAGEMENT.
8. Thomas R. 3ohnson, Oroville - files a claim in the amount of
$400,000 as a result of alleged injuries and damages sustained
on or about December 9. 1987 while incarcerated in the Butte
County Jail -action requested - REJECT CLAIM AND REFER T4
COUNTY COUNSEL AND RISK MANAGEMENT.
9. Health Department circulating water bath - Board authorization
is requested to purchase a water bath at a cost of approximately
$8{30 from savings within the Public Health budget - action
requested - APPROVE PURCHASE OF FT%ED ASSET ITEM.
10. Public Works mobile radios - Board authorization is requested to
purchase two mobile radio units to replace older tube-type
radios at an estimated cost of $2,000. Budget transfer B-3.44
has been prepared to provide the necessary appropriation -
action requested - APPROVE PURCHASE OF PIKED ASSET ITEMS.
il. Sheriff typewriters -Board authorization is requested to
purchase two typewriters for the incarceration division at an
estimated cost of $850. Budget transfer 8-147 has been prepared
to provide the necessary appropriation -- action requested -
AFFROVE PURCHASE OF FIXED ASSET ITEMS.
Page 79
March 22, 1988
March 2~ 1988
12. Data Processing microcomputer - Board authorization is requested
to purchase an IBM Personal System 2 microcomputer, together
with related equipment and software in the estimated amount of
59,561. Budget transfer B-154 has been prepared to provide the
necessary appropriation - action requested - AUTHORIZE PURCHASE
OP FIXED ASSET ITEMS.
13. Mental Health microcomputer hardware - Board authorization is
requested to purchase two Chatterbox peripheral devices for the
Small Counties Mental Mealth System currently being installed.
Budget transfer B-159 has been prepared to provide the necessary
appropriation -action requested - APPROVE PURCHASE OF FIXED
ASSET ITEMS.
14. Public Works microcomputer and radar unit - Board authorization
is requested to purchase four radar units, 58,000;
microcomputer, $5,000; and printer, $1,000 as part of the
Traffic Safety Project grant. Budget transfer B-161 has been
prepared to provide the necessary appropriation - action
requested - APPROVE PURCHASE OF FIRED ASSET ITEMS.
15. Investments information report - the Treasurer-Tax Collector
submits the February 29, 1988 report in accordance with AB 1073
and the county's investment policy w action requested -ACCEPT
FOR INFORMATION.
16. Annual audit Request for Proposal - an RFP has been prepared for
a three-year contract for annual audits beginning 1987-88 -
action requested -AUTHORIZE ISSUANCE OF THE REQUEST FOR
PROPOSAL.
17. County Service Area No. 73 loan - a resolution has been prepared
to facilitate a loan of 5180 for CSA 73 (Zone 1) and $9,530 to
CSA 73 (Zone 2) from the county service area revolving fund for
the cost of installing new lights and associated utility costs.
Budget transfer B-145 has been prepared to provide the necessary
appropriation - action requested -ADOPT RESOLUTION 88-035
APPROVING LOAN TO CSA 73 AND AUTHORIZE THE CHAIRMAN TO SIGN.
18. County Service Area No. 96 (Zone 2? loan - a resolution has been
prepared to loan the county service area $600 from the county
service area revolving fund to meet costs associated with newly
installed street lights. Budget transfer B-146 has been
prepared to provide the necessary appropriation - action
requested - ADOPT RESOLUTION $8°036 APPROVING LOAN TO CSA 96 AND
AUTHORIZE THE CHAIRMAN TO SIGN,
19. Ordinance amending Chapter
incorporate minor revisions
flood control provisions -
READING AND ADOPT ORDINANCE
Page 80
26 of the Butte County Code to
in Building Code administration and
action requested - WAIVE THE SECOND
2670.
March 22, 1988
March 2,-2 1988
20. Chico Community Hospital agreement -the agreement in the
maximum amount of $41,3.60 provides for initial medical and
psychiatric evaluation of persons prior to admission to the
mental health inpatient facility as required by law. The term
of the contract is from July 1, 1987 through June 30, 1988 -
action requested -- APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN
TO SIGN.
21. AB 377 Request for Proposals - the State Department of Mental
Health is seeking proposals from the county to develop
demonstration projects establishing comprehensive mental health
service systems far children and adolescents with serious
emotional disturbance. The Mental Health Department has
developed a proposal for submission to the state ~- action
requested - AUTHORIZE THE MENTAL HEALTH DEPARTMENT, IN
CONSULTATION WITH REPRESENTATIVES OF WELFARE, PROBATION,
EDUCATION AND LAW ENFORCEMENT TO PREPARE AND SUBMIT A RESPONSE
TO THE STATE DEPARTMENT OF MENTAL HEALTH RFP N0. 88-01«
22. Amendment to conflict of interest code - Land Conservation Act
Committee - a revised Appendix A has been prepared to the
conflict of interest code designating positions who have
reportable interest - action requested - APPROVE AMENDED
APPENDI% A TO STATEMENT OF ECONOMIC INTEREST FORM 730 AND
AUTHORIZE THE CHAIRMAN TO SIGN.
23. Memorandum of Understanding - Social Service Workers Unit -the
1987-88 MOU with the Social Service Workers Unit has been
prepared - action requested - RATIFY MEMORANDUM OF
UNDERSTANDING.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA.
M S
VOTE: 1 Y 2 Y 3 AB 4 Y 5 Y {Motion carried)
Resrular AQeada
88--155 Items removed from the Consent Agenda for Board cansideratioa and
action« (NONE? {25?
88-166 Appointments - commissions and committees. {303
a. Appointments to committee vacancies. {NONE?
88-157 Deputy district attorney IV advance step hiring - Board
authorization is requested to recruit and hire up to "E" step of the
salary range -action requested - AUTHORIZE ADVANCE STEP HIRING.
{HOLD UNTIL 17.:00 A.M.) {353
Page 81
March 22, 1988
March 22, 1988
88-168 Psychologist advance step hiring - Board authorization is requested
to recruit and hire up to step "E" of the salary range ~- action
requested - AUTHORIZE ADVANCE STEP HIRING. {NO ACTION TAKEN) {35}
88-169 Supervising mental health clinician advance step hiring -Board
authorization is requested to recruit and hire up to the "E" step of
the salary range - action requested - AUTHORIZE ADVANCE STEP HIRING.
(CONTINUED TO 4/5/88) {35)
{SUPERVISOR YERCRUSE PRESENT}
88-170 Report from Chief Administrative Officer on Air Pollution
reorganization _ action requested -MAKE FINDING THAT THE BUTTE
COUNTY AIR POLLUTION CONTROL DISTRICT SHOULD BE INDEPENDENT IN
NATURE, SEPARATED FROM THE AGRICULTURAL COMMISSIONER; DIRECT THE
PERSONNEL DIRECTOR TO ESTABLISH A CLASSIFICATION OF AIR POLLUTION
CONTROL OFFICER AITH APPROPRIATE SALARY RECOMMENDATION; AND DIRECT
THE PREPARATION OF A SALARY ORDINANCE AMENDMENT CREATING THE
POSITION OF AIR POLLUTION CONTROL OFFICER. {55)
MOTION: MOVE TO MAKE A FINDING THAT THE BUTTE COUNTY AIR POLLUTION
CONTROL DISTRICT BE AN INDEPENDENT DIVISION OF THE
AGRICULTURAL COMMISSIONER'S OFFICE; DIRECT THE PERSONNEL
DIRECTOR TO ESTABLISH A CLASSIFICATION OF AIR POLLUTION
CONTROL OFFICER KITH APPROPRIATE SALARY RECOMMENDATION;
DIRECT THE PREPARATION OF THE SALARY ORDINANCE AMENDMENT
CREATING THE POSITION OF AN AIR POLLUTION CONTROL OFFICER,
AND FOLLOWING IMPLEMENTATION OF THE SALARY ORDINANCE
AMENDMENT, APPOINT J$FF MOTT AS BUTTE COUNTY AIR POLLUTION
CONTROL OFFICER.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
88-171 Report from Chief Administrative Officer an Chico State Research
Center proposal to conduct survey on library funding options. (645)
MOTION: MOVE NOT TO CONDUCT A SURVEY ON LIBRARY FUNDING OPTIONS.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
(STAFF DIRECTED TO PRESENT INFORMATION TO THE BOARD EXFANDING ON THE
OPTION PREVIOUSLY PRESENTED BY THE DEPUTY ADMINISTRATIVE OFFICER.)
88-172 Presentation by State Office of Land Conservation on interim farm
land maps. Continued from January 5, 1988 for Board consideration
of input received from interested persons and organizations. {lgg0)
{PRESENTATION BY JERRY SMITH, FARM ADVISOR, AND EMILY KISHI OF THE
STATE OFFICE OF LAND CONSERVATION.}
{SITFERVISOR FULTON ABSENT)
Page 82
March 22, 1988
March 22,x, 1988
RECESS: 10:07 A.M.
ADJOURN: 10:30 A.M.
(SUPERVISOR FULTON PRESENT)
(SUSAN ROFF, COUNTY COUNSEL ABSENT; NEIL McCABE, DEPUTY COUNTY
COUNSEL PRESENT.)
88-173 Report from Chief Administrative Officer on Air Pollution
reorganization -action requested -MAKE FINDING THAT THE BUTTE
COUNTY ATR POLLUTION CONTROL DISTRICT SHOULD BE INDEPENDENT IN
NATURE, SEPARATED FROM THE AGRICULTURAL COMMTSSTONER; DIRECT THE
PERSONNEL DIRECTOR TO ESTRBLTSH A CLASSIFICATION OF ATR POLLUTION
CONTROL OFFICER KITH APPROPRIATE SALARY RECOMMENDATION; AND DIRECT
THE PREPARATION OF A SALARY ORDINANCE AMENDMENT CREATING THE
POSITION OF AIR POLLUTION CONTROL OFFICER. (2025}
MOTION: MOVE TO RESCIND THAT PORTION OF THE MOTION WHICH APPOINTED
JEFF MOTT AS AIR POLLUTION CONTROL OFFICER AS THE POSITION
DOES NOT CURRENTLY E7~IST.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
88-174 Discussion of~Sacramento Raver designated floodway status. (2050)
{DIRECT A LETTER BE SENT FROM OUR BOARD TO INDIVIDUAL RECLAMATION
BOARD MEMBERS THANKING THEM FOR GRANTING THE REQUESTED ERTENSION,
BUT ALSO INDICATE THAT WE ARE PURSUING ALTERNATE 4PTTONS FOR
RESOLVING THIS ISSUE; ARE READY TO WORK WITH THEIR DESIGNATED STAFF
MEMBER, ANA ANY INFORMATION THEY OBTAIN BE FORWARDED TO THIS BOARD
AS WE WOULD LIKE TO SEE THE PROCESS MOVING ALONG.)
88-175 Closed hearing - Butte County Planning Commission - rezone
properties now zoned "U" (unclassified} (items on which an
environmenta3 impact report was previously certified} to a zone
compatible with the General Plan, including A-5, 20 and 40
(agricultural - five, 20 and 40 acre parcels); R-1- 2, 3, 4
(residential}; C-1 {light commercial); S-R (suburban - residential)
and P-Q (public/quasi-public) on property located west of Highway
99, east of the Chica greenline from Mud Creek, south to East First
Avenue, Chico. (File $8-17) - consideration of R-1 zaning on Areas
1:1. 5:5 and 5;7 of the rezone for properties now zoned U. The
Planning Commission recommends R-1 zoning for the above stated
areas. {2327)
Page 83
March 22, 1988
March 22._ 1988
MOTION: MOVE TO FIND THAT THE PROPOSED ZONING COMPLIES wTTH ALL
ELEMENTS OF THE BUTTE COUNTY GENERAL PLAN; CHICO URBAN AREA
LAND 115E POLICIES, AND KILL BRING THE ZONING AND GENERAL
PLAN INTO CONFORMITY AS REQUIRED BY GOVERNMENT CODE
SECTION 65860; AND ADOPT ORDINANCE 2671 APPROVING THE
REZONING TO R-1 ON AREAS i:l, 5:5 AND 5:7.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
88-176 Scheduling BCAG meetings to coincide with Board of Supervisor
meetings, ISupervisar Fulton}. (2490)
MOTION: HOVE TO PRESENT A RECOMMENDATION TO THE CITY
REPRESENTATIVES COMPRISING BCAG THAT THE MEETINGS BE
SCHEDULED TO COINCIDE i~ITH THE BOARD OF SUPERVISOR MEETINGS
COMMENCING MAY 17. 1988 AT 9:44 A.M.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
88--177 Public comment. (PRESENTATIONS i1ILL BE LIMITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS TS PROHIBITED BY STATE LR~i FROM TAICTNG
ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.?
{2883) {NONE)
RECESS: 10:48 A.M.
RECONVENE: 11:04 A.M.
{SUFERVISOR FULTON ABSENT}
Publ c Hearines and Timed Items
{SUPERVISOR FULTON PRESENT)
88-178 Public hearing - Carl B. Leverenz, attorney at law - on behalf of W.
D. VanAlstyne, appeals the Advisory Agency's denial of tentative
parcel map (item far which environmental documents are not yet
complete). AP 56-41-17, four parcels, property located on both sides
of Flatt Mountain Raad approximately 2,000 feet east of Highway 32,
Forest Roach area. 12885) (**00} {PUBLIC HEARING CONTINUED TO
APRIL 5, 1988 AT 2:30 P.M.}
Page 84
March 22, 1988
_f•
March 22. 1988
Rectular Agenda
88--179 Deputy district attorney IV advance step hiring - Board
authorization is requested to recruit and hire up to "E" step of the
salary range -action requested - AUTHORIZE ADVANCE STEP HIRING.
{625) {CONTINUED TO MARCH 23, 1988 FOLLOWING CLOSED SESSION.}
Public Hearings and Timed Items
88-180 Closed session - a closed session will be necessary for the purpose
of litigation. If additional closed sessions are necessary, the
purpose will be announced. (NONE)
Communications
88-181 Communications received and referred. (COPIES OF ALL COMMUMTCATIONS
ARE AVAILABLE TN THE CLERK OF THE BOARD OFFICE.}
a. Wally Herring, chief probation officer - writes pursuant to Code
of Civil Procedure Section 131.7 and his need to continue to
prioritize workload in order to most effectively utilize
available staff and financial resources. (INFORMATION ONLY -
REFERRED TO CHIEF ADMINISTRATIVE OFFICER.}
88-3.82 Public comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES.
THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING
ACTION ON ANY ITEM FRESENTED IF IT IS NOT LISTED ON THE AGENDA.}
(NONE)
RECESS: The Board recessed at 11:27 a.m. to reconvene on Wednesday.
March 23, 1988 at 9:00 a.m.
* * ~ * ~ * * * * * * March 23~ 19$$ ~ * ~ * ~ * * ~
Call to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville. Present: Supervisors
Dolan Fulton, McLaughlin, Vercruse and Chairman Mclnturf.
Martin J. Nichols, chief administrative officer; and Carol Roach,
deputy .clerk of the Board.
88-183 Interview of Agricultural Commissioner and Director of Weights and
Measures candidates.
CLOSED SESSION: The Soard recessed at 9:10 a.m. to hold a closed
session on a personnel matter and pending
litigation ,tones vs. Brooks, and Organ vs. Dolan.
Page 85
March 23, 1988