HomeMy WebLinkAboutM041790_,\
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April 1.7_,___1990
Ca11 to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Fulton, McTnturf, Vercruse and
Chairman McLaughlin present. Supervisor Dolan not
present. William H. Randolph, chief administrative
officer; Neil McCabe, acting county counsel; and Carol
Roach, assistant clerk of the Board.
Pledge of allegiance to the Flag of the United States of
America.
(CHAIRMAN McLAUGHLIN EXPRESSED CONDOLENCES ON BEHALF OF
THE BOARD TO SUPERVISOR DDLAN AND HER FAMILY ON THE
PASSING OF HER FATHER)
90-160 Consent Actenda
1. Approval of minutes - action requested -APPROVE
MINUTES DF MARCH 27, 1990 AND APRIL 3, 1990.
2. Budget transfers - action requested -
APPROVE B-156 (SHERIFF-YOUTH LINKS), B-158
(SHERIFF-OPERATIONS), B-159 (PUBLIC HEALTH), B-160
(COUNTY CLERK), B-161 (SUPERIOR COURT), B-162
(PROBATION), B-163 {PUBLIC HEALTH - CMS), B-170
(WELFARE-ADMINISTRATION), B-171 (COURT REPORTERS),
B-172 (ADMINISTRATION), B-173 (BOARD OF SUPERVISORS
AND WELFARE) AND B-174 (SELF INSURANCE TSF).
3. Michael G. Evans - abandonment of the southerly
ten foot right-of-way of Yolo Avenue extending from
the easterly boundary line of 6th Street, easterly
to the terminus of said Yolo Avenue, and the
easterly ten feet of 6th Street extending from the
southerly boundary line of Yolo Avenue, southerly
to the western prolongation of the southerly
boundary line of parcel 1 - action requested - ADOPT
RESOLUTION 90-61 SETTING A PUBLIC HEARING FOR MAY
22, 1990 AT 9:45 A.M. AND AUTHORIZE THE CHAIRMAN TO
SIGN.
Page 116 April 17, 1990
A ril 17 1990
90-160 4. County library donations - in accordance with
Government Code Section 25355, donations of $100
from Chico Friends of the Library (volunteer
recognition) , $100 from Chico Friends of the Library
(memorial), and $141.50 anonymous for the Butte
County Library trust fund for books - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS
OF APPRECIATION.
5. County library donations - in accordance with
Government Code Section 25355, donations of $9,444
from Paradise Friends of the Library and $2, 500 from
Gridley Friends of the Library for the Butte County
Library trust fund for continuing operations -
action requested - ACCEPT DONATIONS AND AUTHORIZE
LETTERS OF APPRECIATION.
6. Memorial Hall, Oroville - a donation of a Norelco
microwave oven, model no. MCS 8100.000, serial no.
30301, with an approximate value of $150 has been
made by Eric H. Swenson, Magalia - action
requested - ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION.
7. Appointments to Mental Health Advisory Board -
action requested - APPOINT NINA DAVIS
(CONSUMER/FAMILY) TO A TERM TO EXPIRE DECEMBER,
1991, AND MELANTE KATKA (CONSUMER/FAMILY) TO A TERM
TO EXPIRE DECEMBER, 1995.
8. Appointment to Upham Cemetery Board - action
requested - APPOINT TRVING BETTINGER TO SERVE UNTIL
JULY, 1992.
9. Final map - Wildflower Estates Subdivision - the
developer has provided a performance bond and a
labor and materials band to guarantee construction
of improvements within a period of one year on the
27 lot subdivision, AP 47-43-02, property located
on the east end of Garden Brook Drive and the south
end of Hereford Drive, north Chico area - action
requested - APPROVE FINAL MAP; ACCEPT EASEMENTS AS
GRANTED IN ITEMS 2 , 3 AND 4 OF THE OWNER' S STATEMENT
ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE
GARDEN BROOK DRIVE, HEREFORD DRIVE, WILD ROSE CIRCLE
AND RED FOX COURT AS OFFERED TN ITEM 1 OF THE
OWNER'S STATEMENT; AUTHORIZE CHAIRMAN TO SIGN
SUBDIVISION AGREEMENT; AND APPROVE PUBLIC ACCESS
ACROSS THE ONE FOOT NO ACCESS STRIP RECORDED IN BOOK
2410 OF BUTTE COUNTY OFFICIAL RECORDS AT PAGE 221.
Page 117
April 17, 1990
April 17. 1990
90-160
10. Baldwin Contracting Company, Inc. - files a claim
for indemnity and/or apportionment in an unspecified
amount as a result of Superior Court case no.
305029, Rosemarie Bailey and Lee A. Garner v. State
of California, et al., wherein plaintiffs Bailey and
Garner allege personal injuries and damages
occurring as a result of an automobile accident at
state route 99 and Neal Road intersection on or
about February 1, 1989 - action requested - DENY
CLAIM FOR INDEMNITY AND/OR APPORTIONMENT AND REFER
TO COUNTY COUNSEL AND RISK MANAGEMENT.
11. Richard Turner, Chico - files a claim in the amount
of $50,000 as a result of alleged injuries and
damages sustained on or about November 27, 1989 and
November 28, 1989 in an incident at the Butte County
jail - action requested - REJECT CLAIM AND REFER TO
COUNTY COUNSEL AND RISK MANAGEMENT.
12. South County Municipal Court - Board
authorization is requested for the purchase of a
computer workstation, a stenographer's chair, and
two typewriters in the total amount of $1,624.
Funding to be allocated to the fixed asset account
from a prior year encumbrance - action requested
APPROVE PURCHASE OF FIXED ASSET ITEMS.
13. County Clerk-Recorder/Superior Court - Board
authorization is requested for the purchase of a 662
MB disk to accommodate expanded programs for the
Jury Management System and Case Management System
in the total amount of $11,831.25 including tax and
installation. Budget transfers have been prepared
for the necessary appropriation - action requested -
AUTHORIZE PURCHASE OF FIXED ASSET ITEM.
34. Superior Court .. Board authorization is requested
to purchase the Merge/Purge software license from
Automated Government Systems for the Jury Management
System in the amount of $16,097. The software is
an enhancement to the existing system, and will
allow the jury commissioner to merge/purge the
Department of Motor Vehicles and voter registration
rolls and maintain the master list on-line. A
budget transfer has been prepared for the necessary
appropriation - action requested - AUTHORIZE
PURCHASE OF FIXED ASSET ITEM.
Page 118
April 17, 1990
April 17. 1990
90-160 15. Superior Court - Board authorization is requested
to purchase one electronic daisywheel typewriter for
the Superior Court for $425 including tax, and an
Epson Equity IT+ computer with related hardware,
software, accessories, and a Epson EPL-6000 laser
printer in the total amount of $3,199 including tax
for mediation services. Funding was appropriated
to the fixed asset account pursuant to the 1989/90
Trial Court Funding agreement - action requested -
AUTHORIZE PURCHASE OF FIXED ASSET ITEMS.
16. Public Health Department - Child Health and
Disability Prevention Program - Board authorization
is requested to purchase an Epson Equity II+
computer with related hardware, software, and
accessories, and a Panasonic KXP-1124 printer in the
maximum amount of $3,500. The purchase is 100
percent State funded. A budget transfer has been
prepared for the necessary appropriation - action
requested ~ AUTHORIZE PURCHASE OF FIXED ASSET ITEMS.
17. Sheriff's Department - Operations - Board
authorization is requested to purchase two hand-held
portable radios which were lost/stolen and to
purchase two additional hand-held radios to be
issued to field and resident deputies, A budget
transfer of $7,500 has been prepared for the
necessary appropriation - action requested -
AUTHORIZE PURCHASE OF FIXED ASSET ITEMS.
18. Sheriff's Department - Special Enforcement Unit -
Baard authorization is requested to purchase a Yaesu
FTH-2070 vhf/uhf dual--band hand-held transceiver in
the amount of $960 to be utilized in the Sheriff's
Office helicopter to allow radio communication with
Yuba County and Sutter County Sheriff's Offices
during mutual aid assistance search and rescue
operations that occur on or near the county line.
Sufficient funds are available within the
department's fixed assets account - action
requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEM.
19. Salary ordinance amendment implementing
management reorganization of the Welfare Department
and realignment of ordinance no. 2702 adopted
September 13, 1988 - action requested - WAIVE THE
SECOND READING AND ADOPT ORDINANCE 2827.
Page 119
April 17, 1990
April. i7, 1990
9o-~~a 2a. Amendment to Chapter 4 of the Butte County Code
regarding animal control - proposed is an ordinance
to revise and update Chapter 4 of the Butte County
Code to make animal regulations compatible with more
efficient licensing procedures, current rabies
prevention program and elimination of conflicts
within the code - action requested - WAIVE THE
SECOND READING AND ADOPT ORDINANCE 2828.
21. Salary ordinance amendment - Buildings and Grounds
Department - proposed is a reclassification from
account clerk to administrative services assistant,
and new classifications of supervising grounds
worker at range 32, and supervising janitor at range
29. These classifications are considered to be
appropriate in light of internal relations to
provide the correct salary differential for
supervisory responsibility. The funding source is
within the department budget - action requested -
WAIVE THE FIRST READING OF THE ORDINANCE.
22. An ordinance amending Article 3 of Chapter 12 of the
Butte County Code entitled "outdoor festivals" -
action requested - WAIVE THE FIRST READING OF THE
ORDINANCE.
23. Resolution assuming secondary administration
responsibility for the Tri-County Economic
Development Corporation revolving loan fund - action
requested - ADOPT RESOLUTION 90-62 AND AUTHORIZE THE
CHAIRMAN TO SIGN.
24. Resolution in recognition of the 30th anniversary
of the Work Training Center for the Handicapped,
Inc. in Butte County - action requested - ADOPT
RESOLUTION 90-63 AND AUTHORIZE THE CHAIRMAN TO SIGN.
25. Resolution declaring April, 1990 as Child Abuse
Prevention Month in Butte County - action
requested - ADOPT RESOLUTION 90-64 AND AUTHORIZE THE
CHAIRMAN TO SIGN.
26. Resolution proclaiming April 29, 1990 - May 6, 1990
as Soil and Water Stewardship Week in Butte County -
action requested - ADOPT RESOLUTION 90-65 AND
AUTHORIZE THE CHAIRMAN TO SIGN.
Page 120
April 17, 1990
April 17 , 3.990
90-160 27. Amendment 1 - City of Gridley Rural
Renaissance agreement - the amendment extends the
term from July 16, 3.990 to June 30, 1991 - action
requested - APPROVE AMENDMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
28. State Fair county exhibit - the Silver Dollar Fair
is requesting Board authorization to enter a county
exhibit in the 1990 California State Fair, with
prize monies going into a fund to support future
years' projects - action requested - AUTHORIZE
CHAIRMAN TO SIGN THE AUTHORIZATION AND APPOINTMENT
OF SILVER DOLLAR FAIR TO REPRESENT THE COUNTY.
29. 1990/91 pesticide regulatory enforcement contract
no. 90-0118 - proposed is a contract with the
Department of Food and Agriculture in the maximum
amount of $32,725 commencing July 1, 1990 through
June 30, 1990 - action requested - APPROVE CONTRACT
AND AUTHORIZE THE CHAIRMAN TO SIGN.
30. Attorney services contract -proposed is the renewal
of the agreement to retain attorney services with
the law firm of Bartkiewicz, Kronick and Shanahan.
The previous agreement was approved by the Board
on April 18, 3989 - action requested - APPROVE
CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN.
31. Chico Community Hospital - proposed is a contract
for emergency room services to designated clients
of Butte County's Mental Health Inpatient Unit for
the period July 1, 1989 through December 31, 1989
in the maximum amount of $19,598.82 -- action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
32. Chico Unified School District Primary Intervention
Project contract no. 89-70205 - proposed is a
contract with the State Department of Mental Health
in the maximum amount of $37,601 to implement a
primary intervention program covering the period
August 15, 1989 through June 30, 1990 - action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
Page 121
April 17, 1990
April 17. 1990
90-160 33. Gridley Union Elementary School District Primary
Intervention Project contract no. 89-70206 -
proposed is a contract with the State Department of
Mental Health in the maximum amount of $22,131 to
implement a primary intervention program covering
the period August 15, 1989 through June 30, 1990 -
action requested - APPROVE CONTRACT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
34. Oroville School District Primary Intervention
Project contract no. 89-70207 - proposed is a
contract with the State Department of Mental Health
in the maximum amount of $13,000 to implement a
primary intervention program covering the period
August 15, 1989 through June 30, 1990 - action
requested - APPROVE CONTRACT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
35. 1989/90 Dental Disease Prevention contract -
proposed is an amendment to the contract with the
Northern Sacramento Valley Rural Health Project for
the provision of dental services to school-aged
children to provide an additional $6,075 in 100
percent State funding - action requested - APPROVE
AMENDMENT AND AUTHORIZE CHAIRMAN TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR.
36. Cooperative agreement far transportation services
on Butte County Transit for Enloe Hospital -
proposed is an agreement to provide transportation
services on Butte County Transit between the Town
of Paradise, and the City of Chico for Enloe
employees working at the hospital and the general
public - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
37. David A. Crane & Associates - proposed is a snow
load study at a cost not to exceed $5,000 without
prior approval of the Public Works Director with
funding from the Building Department budget to
determine whether or not Butte County has
significant snow loads in areas of the County to
justify adoption of a snow load ordinance - action
requested - APPROVE STUDY AND AUTHORIZE THE PUBLIC
WORKS DIRECTOR TO SIGN THE PROPOSAL LETTER.
38. Amended Butte County Schools Self-Funded Medical
Benefits JPA Conflict of Interest Code - action
requested - APPROVE AMENDED CONFLICT OF INTEREST
CODE.
Page 122
April 17, 1990
Aaril 17, 1990
90-160 39. Advisory Board member travel - Board authorization
is requested far Richard Ratledge, a member of the
Mental Heath Advisory Board, to attend the
Children's Coordinators meeting April 17-20, 1990
at Asilomar Conference Grounds in the estimated
cost of $195 - action requested - AUTHORIZE
TRAVEL.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA.
S M
VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
90-161 Items removed from the Consent Agenda for Board
consideration and action. (NONE}
90-162 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
90--163 Consideration of proposed amendment to County zoning
ordinance regarding provisions far outdoor festivals and
camping - action requested - INITIATE HEARINGS ON THE
CODE AMENDMENT FOR CAMPING AND AUTHORIZE THE CHAIRMAN TO
SIGN THE APPLICATION.
MOTION: MOVE TO INITIATE HEARINGS ON THE CODE AMENDMENT
FOR CAMPING AND AUTHORIZE THE CHAIRMAN TO SIGN
THE APPLICATION.
M S
VOTE: 1 Y 2 NP 3 Y 4 Y 5 Y {Unanimously Carried)
90-164 Organization review of Air Pollution Control District and
Agricultural Department - action requested - ACCEPT
REPORT FROM CHIEF ADMINISTRATIVE OFFICER AND PROVIDE
DIRECTION ON ORGANIZATIONAL STRUCTURE OF THE AIR
POLLUTION CONTROL DISTRICT AND THE AGRICULTURAL
DEPARTMENT, (13'7 )
MOTION: MOVE TO TOTALLY SEPARATE THE TWO DEPARTMENTS
AND DIVIDE THE AGRICULTURAL BURNING PROGRAM
PURSUANT TO OPTION 2 ON THE CHIEF
ADMINISTRATIVE OFFICER'S MEMORANDUM OF
MARCH 21, 1990.
S M
VOTE: 1 Y 2 NP 3 Y 4 N 5 N (Motion Failed)
Page 123
April 17, 1990
April 17, 1990
90-165 Upper Ridge Traffic Impact Study - action requested -
AUTHORIZE PUBLIC WORKS AND PLANNING TO WORK WITH THE TOWN
OF PARADISE IN DEVELOPING A REQUEST FOR PROPOSALS (RFP}
FOR AN ENGINEERING STUDY FOR DEVELOPER FEES. (552)
MOTION: MOVE TO AUTHORIZE PUBLIC WORKS AND PLANNING TO
WORK WITH THE TOWN OF PARADISE IN DEVELOPING
A REQUEST FOR PROPOSALS {RFP) FOR AN
ENGINEERING STUDY FOR DEVELOPER FEES.
S M
VOTE: 1 Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried)
90-166 Notification to the Board of Supervisors by the Chief
Probation Officer pursuant to Section 131.7 of the Code
of Civil Procedure. (879} (ACCEPT FOR INFORMATION)
90-167 South County Municipal Court construction RFP
modification - action requested:
A. IMPOSE THE PROVISIONS OF GOVERNMENT CODE SECTIONS
53090-53095 BY EXEMPTING THE CITY OF OROVILLE'S
JURISDICTION AND STANDARDS FOR THE SOUTH COUNTY
MUNICIPAL COURT CONSTRUCTION PROJECT ON BUTTE COUNTY
OWNED LAND;
B. AUTHORIZE COMMENCEMENT OF ENVIRONMENTAL ASSESSMENT
AT THE TWO COUNTY OWNED SITES UTILIZING INDEPENDENT
CONSULTANT RESOURCES; AND
C. APPROVE A
ABOVE AND
UNTIL MAY
MOTION: MOVE
M
VOTE: 1 Y
[~ ADDENDUM TO THE RFP CLARIFYING A AND B
AUTHORIZING A DELAY IN THE RESPDNSE DATE
16, 1990. {897)
FOR ACTION AS REQUESTED.
S
2 NP 3 N 4 Y 5 Y (Motion Carried)
90-168 Proposed action by the Army Corps of Engineers to modify
the flood control operation of Oroville Reservoir -
action requested - REQUEST ARMY CORPS OF ENGINEERS TO
DEFER ACTION ON THEIR MODIFICATION UNTIL THE COUNTY HAS
AN OPPORTUNITY TO COMMENT. (944)
MOTION: MOVE TO ASK THE ARMY CORPS OF ENGINEERS TO
DEFER ACTION ON THEIR PROPOSAL UNTIL THE COUNTY
AND WATER COMMISSION HAS AN OPPORTUNITY TO MEET
WITH THEM AND COMMENT.
S M
VOTE: l Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried)
Page 124
April 17, 1990
April 17, 199Q
90--169 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE
LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT
LISTED ON THE AGENDA.) (1090)
a, Eliza C. Johnson, Oroville - lack of sufficient
agendas available in Board roam, and item 4.03,
zoning ordinance regarding provisions for outdoor
festivals and camping.
b. Towanda L. Hamilton, Oroville - item 3.22 on
agenda - ordinance for outdoor festivals. (1419)
Regular Agenda
90-170 Forecast for fiscal year 1990/91 - action requested -
ACCEPT FOR INFORMATION. (1500) (REPORT BY EMMETT POGUE,
DEPUTY ADMINISTRATIVE OFFICER)
90-171 Update by the Chief Administrative Officer on
Sacramento/legislative activities. (1980) (REPORT BY
WILLIAM H. RANDOLPH, CHIEF ADMINISTRATIVE OFFICER)
(SUPERVISOR McINTURF NOT PRESENT)
(SUPERVISOR McINTURF PRESENT)
90-172 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE
LAW FROM TAKING ACTION ON ANY ITEM PRESENTED TF TT IS NOT
LISTED ON THE AGENDA.) (2820)
a. Glenn Miller, Concow - camping ordinance.
PUBLIC HEARINGS AND TIMED ITEMS
90-173 CLOSED SESSION: The Board recessed to closed session
at 10:32 a.m. for pending litigation
pursuant to Government Code Section
54956.9 (a} of Frazier v. County of
Butte. Board of Supervisors v.
McMahon, County of Butte v. Hayes,
and potential Litigation pursuant to
Government Code Section 549456.9(b)
of bankruptcy.
RECONVENE: The Board
following a
potential
announced.
Page 125
reconvened at 11:31 a.m.
closed session for actual and
litigation as previously
(NO ANNOUNCEMENTS)
April 17, 1990
April 17 ,_ 1990
90--174
Communications
COMMUNICATIONS
OFFICE.)
a. Don Bowlby, Chair, Chico Area Recreation and Park
District (CARD) -writes requesting modification of
Butte County ordinance no. 2750 which established
park facility fees in the Chico urban area - action
requested -REFER TO ADMINISTRATIVE OFFICE AND CHICO
ISSUES COMMITTEE.
b. Gray Davis, Controller of the State of California -
forwards the fiscal year 1988/89 single audit report
certification and audit finding resolution - action
requested - REFER TO ADMINISTRATIVE OFFICE AND
AUDITOR-CONTROLLER.
c. Shelton T. Epochs, mayor, City of Chico - writes
regarding expansion of sewer service area (SSA) -
action requested ~- REFER TO ADMINISTRATIVE OFFICE.
d. Office of the State Fire Marshal - forwards
deficiencies noted during a recently conducted
inspection of the Butte County jail - action
requested - REFER TO SHERIFF AND GENERAL SERVICES
ADMINISTRATOR.
e. Dana Wills, Chico - writes regarding Pleasant Valley
Assembly of God Church school classes - action
requested - REFER TO PLANNING DIRECTOR FOR REPORT
AND RECOMMENDATION.
f. Thomas W. Kelly, attorney at law - writes regarding
a tentative subdivision map, submitted by Gary
Rawlins with regard to Sycamore Valley Estates,
Phase II and approved by the Board on November 21,
1989 -action requested - REFER TO PUBLIC WORKS
DIRECTOR FOR REPORT AND RECOMMENDATION.
g. Sandra R. Smoley, Supervisor 3rd District, County
of Sacramento -writes regarding May 3, 1990 National
Day of Prayer - action requested - INFORMATION ONLY .
Communications
received and referred. {COPIES OF ALL
ARE AVAILABLE IN THE CLERK OF THE BOARD
Page 126
April 17, 1990
April 17, 1990
ADJOURNMENT: There being nothing further before the
Board at this time, the meeting wa
adjourned at 11:32 a . m. to reconvene on
Tuesday, April 24, 1990 at 9:00 a.m.
~ r
Chairman, Board o Supervisors
ATTEST:
WILLIAM H. RANDOLPH, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
Page 127
April 17, 1990