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HomeMy WebLinkAboutM050190May 1, 1990 Call to order -- Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors Dolan, Fulton, Mclnturf, Vercruse and Chairman McLaughlin present. William H. Randolph, chief administrative officer; Neil McCabe, chief deputy county counsel; and Carol Roach, assistant clerk of the Board. Fledge of allegiance to the Flag of the United States of America. 90-185 Consent Agenda 1. Approval of minutes - action requested - APPROVE MINUTES OF APRIL 17, 1990. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-179 (BUILDINGS AND GROUNDS), B-180 {LIBRARY), B-181 {PUBLIC HEALTH), B-182 (PUBLIC WORKS - FORCE LABOR ACCOUNT) , B-183 (AIR POLLUTION) , AND B-184 (PUBLIC HEALTH). 3. Request for waiver of County matching fund requirement for the Homicide Trial Reimbursement Program pursuant to Government Cade Sections 15202 and 11019.6 - action requested -- SET A PUBLIC HEARING DATE FOR MAY 15, 1990 AT 9:45 A.M. 4. Terry Dale Brooner, Chico - files a claim in an unspecified amount as a result of alleged damages and injuries sustained on or about April 10-11, 1990 regarding the estate of Miriam L. White - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 5. Jae Robinson, Chico - files a claim in the amount of $10,000 as a result of alleged damages and injuries sustained on or about March 23, 1988 involving the Chico Municipal Court - action requested - REJECT CLAIM FOR NOT BEING TIMELY FILED. Page 135 May 1, 1990 May 1, 1990 90-185 6. North County Municipal Court requests release from accountability -pursuant to Government Code Section 29390 and Board resolution 75-177 relief from accountability is requested for a loss of $2,379.50 from their safe as a result of a burglary in October, 1989. The district attorney and auditor- controller support the request - action requested - APPROVAL OF RELIEF FROM ACCOUNTABILITY AND COVERAGE OF SHORTAGE AS A CHARGE AGAINST THE GENERAL FUND. 7. Mileage of maintained County roads - in accordance with Section 2121 of the Streets and Highways Code, a resolution has been prepared verifying to California Department of Transportation the current maintained mileage of County roads of 1,380.63 miles - action requested - ADOPT RESOLUTION 90-70 AND AUTHORIZE THE CHAIRMAN TO SIGN. 8. Resolution proclaiming May &-12 as "Hire a Vet Week" - action requested - ADOPT RESOLUTION 90-71 AND AUTHORIZE THE CHAIRMAN TO SIGN. 9. Extension of County Planning and Development Technical Advisor Services agreement - proposed is an extension for an interim period of six (6) months at no additional cost to allow time for evaluation of whether additional services are needed within the scope of the current contract -- action requested - APPROVE AGREEMENT EXTENSION AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN. 10. Assignment of counsel - County Counsel proposes to assign Davis v. Fox to the law firm of Marsh, Marsh, Volpe & Molin - action requested - APPROVE ASSIGNMENT OF COUNSEL. 11. Assignment of counsel - County Counsel proposes to assign Fowler v. State of California, to the law firm of Marsh, Marsh, Volpe & Molin - action requested -APPROVE ASSIGNMENT OF COUNSEL. 12. Chico Industrial Medical Clinic - proposed is an amendment to the agreement to provide history and physicals at the Butte County Mental Health inpatient unit from January 2, 1990 through June 30, 1990 at no additional cost - action requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 136 tMay 1, 1990 May 1, 1990 90--185 13. North Valley Indian Health, Inc. - the agreement has for several years provided funding through a federal grant for the Native American Women's Alcohol Program. The proposed amendment extends the current agreement through June 30, 1990 to correspond with our fiscal year, and is in the maximum amount of $93,056 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 14. Office of Education - the proposed agreement with the Mental Health Department, Alcohol and Drug Services Division is the result of a Request for Proposals issued by the State Department of Alcohol and Drug Services to provide coordination and planning services in the development of a "Master Plan" for drug and alcohol services for Butte County, Alcohol and Drug Services and the Office of Education were identified as the lead agencies in the funded proposal which will also involve the Interagency Council. The term of the contract is March 1, 1990 through June 30, 1991 in the maximum amount of $75,763 - action requested -- APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 15. Master Grant Agreement and Memorandum of Understanding for reimbursement of the cost of providing HIV testing services - the proposed amendments with the State Department of Health Services reflect the revised projected clinic costs of $15,164 - action requested - APPROVE AMENDMENTS AND AUTHORIZE THE CHAIRMAN TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR. MOTION: MOVE TO APPROVE THE CONSENT AGENDA. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda 90-186 Items removed from the Consent Agenda for Board consideration and action. (NONE) 90-187 Appointments - commissions and committees. a. Appointments to committee vacancies. (NONE) Page 137 May 1, 1990 May 1, 1990 90-188 Review recommendations of the Butte County Task Force on AIDS - action requested - ACCEPT RECOMMENDATIONS. (30) MOTION: MOVE TO ACCEPT THE FIVE RECOMMENDATIONS OF THE BUTTE COUNTY TASK FORCE ON AIDS. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 90-189 Presentation of resolution proclaiming May 6-12 as "Hire a Vet Week", (540) (PRESENTATION OF RESOLUTION BY CHAIRMAN McLAUGHLIN TO AL TARBUSH, DISABLED VETERANS OUTREACH PROGRAMMER FROM THE STATE EMPLOYMENT DEVELOPMENT DEPARTMENT IN OROVILLE, AND BUD LYONS, PRESIDENT, BUTTE COUNTY VETERANS COUNCIL.) 90-190 Potential appointment of Welfare Director - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. {NO ACTION TAKEN) 90-191 Consideration of Board position on Proposition 117 (California Wildlife Protection Act of 1990) ~- action requested - ADOPT A RESOLUTION TN OPPOSITION TO PROPOSITION 117 AND AUTHORIZE THE CHAIRMAN TO SIGN. {640) MOTION: MOVE TO ADOPT RESOLUTION 90-72 IN OPPOSITION TO PROPOSITION 117 AND AUTHORIZE THE CHAIRMAN TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 90--192 Consideration of Board position on Proposition 111 (The Traffic Congestion Relief and Spending Limitation Act of 1990), and Proposition 108 (The Passenger Rail and Clean Air Bond Act of 1990) - action requested - ADOPT A RESOLUTION IN SUPPORT OF PROPOSITIONS 7.11, AND 108 AND AUTHORIZE THE CHAIRMAN TO SIGN. (1277) MOTION: MOVE TO ADOPT RESOLUTION 90-73 IN SUPPORT OF PROPOSITIONS 111 AND 108 AND AUTHORIZE THE CHAIRMAN TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 N 5 Y (Motion Carried) 90-193 Update by the Chief Administrative Officer on Sacramento/legislative activities. (REPORT BY WILLIAM H. RANDOLPH, CHIEF ADMINISTRATIVE OFFICER) (SUPERVISOR FULTON AND NEIL McCABE, CHIEF DEPUTY COUNTY COUNSEL NOT PRESENT) Page 138 May 1, 1990 May 1,__.1990 90-194 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.) (1844) (NONE) Public Hearings and Timed Items 90--195 CLOSED SESSION: The Board recessed at 10:07 a.m. to reconvene in closed session at 10:15 a.m. for the purpose of a personnel matter, and potential litigation {bankruptcy) pursuant to Government Code Section 54956.9(b). RECONVENE: The Board reconvened at 11:13 a.m. following a closed session on personnel, and potential litigation (bankruptcy) pursuant to Government Code Section 54956.9{b). (1888} (SUPERVISOR FULTON AND NEIL McCABE, CHIEF DEPUTY COUNTY COUNSEL PRESENT) (UPDATE BY MARK GORTON OF THE LAW FIRM OF McDONOUGH, HOLLAND AND ALLEN, REGARDING PREPARATION FOR POTENTIAL CHAPTER 9 BANKRUPTCY FILING BY BUTTE COUNTY) 90--196 CLOSED SESSION: The Board recessed to closed session at 11.30 a.m. for the purpose of a personnel matter and actual litigation (Board of Supervisors v. McMahon, and Handy v. County of Butte) pursuant to Government Code Section 54956.9(a). RECONVENE: The Board reconvened at 12:05 p.m. following a closed session on personnel and actual litigation (Board of Supervisors v. McMahon, and Handy v. County of Butte) pursuant to Government Code Section 54956.9(a). (NO ANNOUNCEMENTS) Page 139 May 1, 1990 May 1, 1990 Communications 90-197 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE TN THE CLERK OF THE BOARD OFFICE.) a. Linn D. Keene, et al., Chico - submit a petition to amend the "green line" to permit the construction of an elementary school on the north side of Henshaw Avenue instead of the south side of Henshaw Avenue and Guynn Avenue as presently proposed - action requested - REFER TO PLANNING DIRECTOR FOR REPORT AND RECOMMENDATION. b, State Regional Water Quality Control Board - forwards their April 27, 1990 agenda which includes the Chico Urban Area - consideration of revising compliance dates for an amendment to the Water Quality Control Plan to include a prohibition to the discharge from individual disposal systems - action requested - REFER TO CHICO SSSUES COMMITTEE AND ADMINISTRATIVE OFFICE. c. State Regional Water Quality Control Board _ writes concerning land development directly north of the Chico urban area (CSA 87) - action requested - REFER TO CHICO ISSUES COMMITTEE, ADMINISTRATIVE OFFICE AND PUBLIC WORKS. d. John Sherle, Chico - submits a request to allow 2.68 acres on West Sacramento Avenue (AP 43-28-13) to enter into the storm drainage district 440 feet to the east of the property - action requested - REFER TO PUBLIC WORKS DIRECTOR FOR REPORT AND RECOMMENDATION. e. Sylvia Meadowsong, Palermo - writes a letter regarding agricultural burning and air quality - action requested - REFER TO AGRICULTURAL COMMISSIONER FOR RESPONSE. Page 140 May 1, 1990 May 1. 1990 ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 12:06 p . m. to reconvene on Tuesday, May 15, 1990 at 9:00 a.m. ~C ~-Gt rman, E ATTEST: WILLIAM H. RANDOLPH, and Clerk, of the E By: Supervisors ief Administrative Officer d of Supervisors Page 3.41 May 1, 1990