HomeMy WebLinkAboutM050289May 2, 1989
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive, Oroville.
Supervisors Dolan, Mclnturf, Vercruse and Vice Chairman
McLaughlin present. Chairman Fulton not present. William H.
Randolph, chief administrative officer; Susan Roff, county
counsel; and Carnl Rnach, assistant clerk of the Board.
Pledge of allegiance to the Flag of the United States of
America.
89-192 Items removed from the Consent Agenda for Board consideration
and action.
1. Change of fixed asset inventory due date - the Auditor
is requesting that the fixed asset inventory due date be
changed from July 10 to September 10 as permitted by
Government Code Section 2051 - action requested - CHANGE
THE FIXED ASSET INVENTORY DUE DATE TO SEPTEMBER 10. (NO
ACTION TAKEN)
2. Ordinance amending Article III of the Butte County Code
relating to the appointment of an Assistant Chief
Administrative Officer - action requested - WAIVE THE
SECOND READING AND ADOPT THE ORDINANCE.
3. Salary ordinance amendment creating the Assistant Chief
Administrative Officer position at $9,500 per year -
action requested - WAIVE THE SECOND READING AND ADOPT
THE ORDINANCE.
89-193 Consent Agenda
1. Approval of minutes - action requested - APPROVE MINUTES
OF APRIL 18, 1989.
Page 121
May 2, 1989
Ma 2 1989
2. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS B-167 {SHERIFF/CONSENT DECREE), B-168 (BUILDING
AND GROUNDS), B-169 (PROBATION), AND B-170 {PUBLIC
WORFCS) .
3. Discussion of CSAC Commission on county g o v e r n m e n t
report - action requested - SET TIME FOR DISCUSSION FOR
MAY 16, 1989 AT 9:30 A.M.
4. County library donation - in accordance with Government
Code Section 25355 a donation of $700 has been received
for the Butte County Library Trust for the purchase of
books from the Chico Friends of the Library -- action
requested - ACCEPT DONATION AND AUTHORIZE LETTER OF
APPRECIATION.
5. Appointment to the Private Industry Council - action
requested - REAPPOINT JERRY ACCRED AS THE EDUCATION
REPRESENTATIVE TO SERVE UNTIL JUNE 14, 1992.
6. Appointment to the Aids Task Force - actian requested -
APPOINT HARLAN ADAMS AS THE COMMUNITY AT LARGE
REPRESENTATIVE TO SERVE UNTIL APRIL 1990 REPLACING SCOTT
TURNER WHO HAS RESIGNED.
7. Final map - Durham Valley Estates subdivision - the
developer has provided letters of credit to guarantee
construction of improvements within one year on the 20
lot subdivision, AP 39-24-40, property located on the
northwest corner of Durham-Dayton Highway and Burdick
Road, Durham area - APPROVE THE FINAL MAP; ACCEPT
EASEMENTS AS GRANTED TN ITEMS ~. ANA 2 OF THE OWNER'S
CERTIFICATE ON BEHALF OF THE PUBLIC; AND AUTHORIZE THE
CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT.
8. Public Works portable generator - Board authorization is
requested to purchase a 2,200 watt portable generator in
the estimated amount of $1,100 to replace an existing
unit which was stolen from the Public Works yard. Budget
transfer B-170 has been prepared to provide the necessary
appropriation - action requested - APPROVE PURCHASE OF
FIXED ASSET ITEM.
9. Sheriff's Department patrol vehicle equipment - Board
authorization is requested to purchase 15 emergency
overhead light bars, 9 sirens with light controls, 9 two-
way mobile radios, and 9 protective screens in the
estimated amount of $25,104 to be purchased as part of
the patrol car lease-purchase plan approved previously
by the Board - action requested - AUTHORIZE PURCHASE OF
FIXED ASSET ITEMS.
Page 122 May 2, 1989
May 2, 1989
10. 1989-9Q tax and revenue anticipation notes - proposals
have been received for underwriting and bond counsel
services for the issuance of approximately $3.4 million
pursuant to Board of Supervisors' action in March --
action requested -- ACCEPT THE FROPOSAL FROM EHRLICH-BOWER
FOR UNDERWRITING SERVICES AND HAWKINS, DELAFIELD AND WOOD
FOR BOND COUNSEL SERVICES FOR THE ISSUANCE OF 1989-90 TAX
AND REVENUE ANTICIPATION NOTES.
11. Resolution proclaiming May 1-7, 19$9 as Elks National
Youth Week - action requested - ADOPT RESOLUTION 89-058
AND AUTHORIZE THE CHAIRMAN TO SIGN.
12. Resolution commending the Upper Ridge Wilderness Areas,
Inc. for exemplary conservation management
contributions - action requested - ADOPT RESOLUTION 89-
059 AND AUTHORIZE THE CHAIRMAN TO SIGN.
13. Resolution proclaiming May 7--13, 1989 as "Be Kind to
Animals Week" - action requested - ADOPT RESOLUTION 89-
D60 AND AUTHORIZE THE CHAIRMAN TO SIGN.
14. Resolution supporting the passage of state legislation
adding two Superior Court and one Municipal Court judge
positions - action requested - ADOPT RESOLUTION 89--061.
AND AUTHORIZE THE CHAIRMAN TO SIGN.
15. Speed limit ordinance - Public Works has completed
traffic studies on Almendia Drive, Autumnwood Drive,
Buehler Avenue, Colmena Drive. Mayette Drive, Valley Oak
Drive and Woodview Lane and recommends they be speed
zoned 25 miles per hour - action requested - WAIVE THE
SECOND READING AND ADOPT ORDINANCE 2746.
16, Salary ordinance amendment temporarily establishing an
Administrative Services Assistant position in the
Personnel Department until the absent incumbent returns
to work or separates from employment - action
requested - WAIVE THE FIRST READING OF THE ORDINANCE.
17. The Business Center agreement - an agreement has been
prepared with the Business Center in an amount not to
exceed 55,044 for the purpose of carrying out the
provisions of State Department of Housing and Community
Development contract 88-RDAP-459, inventorying of
potential industrial. development sites - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN
TO SIGN.
Page 123
May 2, 1.989
-_~
Mav 2, 1989
18. Attorney services agreement - an agreement has been
prepared with the firm of Marsh, Marsh, Volpe & Molin to
represent the county in litigation - action requested -
APPROVE AGREEMENT AUTHORIZING THE CHAIRMAN TO SIGN, AND
AUTHORIZE THE RETENTION OF SERVICES IN THE CASE KUKES,
ET AL. VS. RAMSEY, ET AL {GINS-88-1531 EJG).
19. Amendment 1 -family planning contract - an amendment has
been prepared to state agreement 88-9387D with the State
Department of Health Services reducing the maximum amount
payable to Butte County from $4D,000 to ~35,D00 which is
consistent with the current billing pattern - action
requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE
CHAIRMAN TO SIGN.
2D. Community Action Agency summer food program -
authorization is requested of the Board to apply and
administer the U.S.D.A. Summer Food Program for 1989 in
the estimated amount of 519,159 - action requested -
AUTHORIZE THE COMMUNITY ACTION AGENCY TO SUBMIT THE GRANT
APPLICATION.
21. Consent to common use agreement - Cohasset Road
reconstruction, project no. 61201-87-1 - a portion of the
reconstruction of Cohasset Raad needs to be done on PG&E
easements and a consent to common use agreement has been
prepared with PG&E at no cost to the county - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN
TO SIGN.
22. Contract assignment - transit management contract - the
Management Services Division of American Transit
Corporation (ATC) which operates the Chico Clipper and
Butte County Transit under a contract has agreed to sell
its interest to ATC Management Corporation with the
closing sale tentatively scheduled for June 1989. In
order to complete the closing of the sale the County must
consent to the assignment of the Chico Clipper and Butte
County Transit contracts to ATC Management Corporation -
action requested - APPROVE THE CONSENT TO ASSIGNMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN.
23. Bullholt timber sale - project agreement (forest
development road cooperative agreement} - the agreement
provides for improvements to Humboldt Road, Skyway, and
Humbug Summit Road by the Forest Service as part of
timber sales, with na county funds involved - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR
OF PUBLIC WORKS TO SIGN ON $EHALF OF THE COUNTY.
Page 124
May 2, 1989
May 2, 19.89
24, Cooperative agreement - West Sacramento Avenue
reconstruction, FAU project no. M-MG-Y798{1} -- the City
of Chico is acting as the lead agency in the joint FAU
project of reconstructing West Sacramento Avenue from
State Highway 32 to Glenwood Avenue and the cooperative
agreement designates city and county project obligations
for the federally funded project which is budgeted in the
current fiscal year - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN.
25. AB 1130 {Sher} - vehicle registration fee - action
requested - SUPPORT AB 1130 AND REQUEST WAGERMAN AND
ASSOCIATES TO LOBBY TN SUPPORT DF THE LEGISLATION.
25. Section 89 - Internal Revenue Code Act of 1986 -- the
federal law places a very complex set of testing
standards and procedures upon the County in order to
determine if the County's employee benefits discriminate
against highly compensated employees. Collecting the
data and complying with the detailed process to meet the
test will be time consuming and expensive - action
requested - APPROVE LETTER TO CONGRESSMAN HERGER, AND
SENATORS CRANSTON AND WILSON OBJECTING TO THE SECTION 89
REGULATIONS AND REQUESTING REPEAL, AND AUTHORIZE THE
CHAIRMAN TO SIGN.
27. Advance step hiring - Chief Collection Officer - the
Treasurer - Tax Collector is requesting advance step
hiring to the "C" step of the salary range, based upon
a candidate's qualifications - action requested -
AUTHORIZE ADVANCE STEP HIRING AS REQUESTED.
28. Resolution recogni~izxg Bessie Hironimus far having been
elected 1989/90 President of the California Federation
of Business and Professiozxal Women - action requested -
ADOPT RESOLUTION 89-052 AND AUTHORIZE THE CHAIRMAN TO
SIGN.
MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL
OF ITEMS 3.08, 3.29 AND 3.30.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 AB {Unanimously Carried)
Regular Agenda
$9-194 Items removed froze the Consent Agenda for Board consideration
and action.
Page 125
May 2, 1989
Ma 2 1989
1. Ordinance amending Article III of the Butte County Code
relating to the appointment of an Assistant Chief
Administrative Officer -action requested - WAIVE THE
SECOND READING AND ADOPT THE ORDINANCE. {CONTINUED TO
MAY 16, 1989}
2. Salary ordinance amendment creating the Assistant Chief
Administrative Officer position at 549,500 per year -
action requested - WAIVE THE SECOND READING AND ADOPT
THE ORDINANCE. {CONTINUED TO MAY 16, 1989}
89-195 Appointments - commissions and committees.
a. Appointments to committee vacancies. {1210} {NONE)
$9-196 Presentation of resolution proclaiming May 1-7, 1989 as Elks
National Youth Week to Norman Stumg, Exalted Ruler, Chico
B.P.O.E. No. 423. {12151 {PRESENTATION OF RESOLUTION TO
NORMAN STUMP BY VICE CHAIRMAN McLAUGHLIN ON BEHALF OF THE
BOARD.)
89-197 Presentation of resolution to Dale Harter commending the Upper
Ridge Wilderness Areas, Inc. (1314) {PRESENTATION OF
RESOLUTION TO DALE HARTER BY VICE CHAIRMAN McLAUGHLIN ON
BEHALF OF THE BOARD.}
89-198 Report from Air Pollution Control Officer on vapor recovery
at retail service stations. (1390)
{BOARD DIRECTION TO JEFF MOTT, AIR POLLUTION CONTROL OFFICER,
TO PROCEED WITH THE PUBLIC HEARING REQUIRED FOR BOARD
CONSIDERATION OF A REGULATION WHICH LOWERS THE VAPOR RECOVERY
REQUIREMENT TO 120,000 GALLONS OR MORE FOR THOSE RETAIL
STATIONS LOCATED WITHIN THE CHICO URBAN AREA.)
89-199 Resolution proclaiming May 7-13, 1989 as "Hire a Vet Week."
{2200)
MOTION: MOVE THAT THE BOARD WAS ADVISED OF THE REQUEST FOR
THE ADOPTION OF THE RESOLUTION AFTER THE AGENDA WAS
PUBLISHED.
5 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 AB {Unanimously Carried)
MOTION: MOVE TO ADOPT RESOLUTION 89-053 RECOGNIZING "HIRE
A VET WEEK" MAY 7-13, 1989.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 AB (Unanimously Carried}
Page 125
May 2, 1989
May 2, 1989
(PRESENTATION OF RESOLUTION TO AL TARBUSH, DISABLED VETERANS
OUTREACH PROGRAMMER FOR THE OROVILLE OFFICE OF THE STATE
EMPLOYMENT DEVELOPMENT DEPARTMENT AND DANNY BROOKS, SERVICE
OFFICER FOR THE OROVTLLE DISABLED AMERICAN VETERANS BY VICE
CHAIRMAN McLAUGHLIN ON BEHALF OF THE BOARD.)
RECESS: 10:15 A,M.
RECONVENE: 3.0:37 A.M,
89-200 Consideration of request from residents on and along Mission
Olive Road to have a .4 mile portion of Mission Olive Road
brought up to county standards and maintained as a county
road. (2350) (**00} (WILLIAM CHEFF, DIRECTOR OF PUBLIC
WORKS, TO VERIFY LOCATION OF "END OF COUNTY MAINTAINED ROAD"
SIGN. NO FURTHER ACTION TAKEN.}
89-241 Consideration of Koppers Industries' letter requesting
establishment of a committee to explain the Koppers clean-up
activities. (198}
(BOARD DIRECTION THAT A RESPONSE BE PREPARED STATING THAT WE
SYMPATHIZE WITH THEIR PROBLEM, AND THAT SUPERVISOR McINTURF
AND/OR OUR COUNTY HEALTH OFFICER ARE AVAILABLE TO REVIEW, AND
AT LEAST BE COGNIZANT OF, ANY SOLUTIONS THEY MAY OFFER. IF
THEY NEED INFORMATION FROM OUR COUNTY HEALTH OFFICER BEFORE
PROCEEDING, WE ARE READY TO HELP.}
Public Hearings and Timed Items
89-202 Public hearing - consideration of an application far $500,000
to the California Department of Housing and Community
Development for funding under the CDBG Program for the state
fiscal year 1989-90 to defray sewer hook-up and assessment
costs associated with the new sewer system being installed in
the Villa Verona neighborhood, southeast of Oroville, (459)
MOTION: MOVE TO ADOPT RESOLUTION 89-064 PROCEEDING WITH AN
APPLICATION FOR $500,000 TO THE CALIFORNIA
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR
FUNDING UNDER THE CDBG PROGRAM FOR THE STATE FISCAL
YEAR 1989-90 TO DEFRAY SEWER HOOK-UP AND ASSESSMENT
COSTS ASSOCIATED WITH THE NEW SEWER SYSTEM BEING
INSTALLED IN THE VILLA VERONA NEIGHBORHOOD,
SOUTHEAST OF OROVILLE.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 AB (Unanimously Carried}
Page 127
May 2, 1989
May 2, 1989
89-203 Public hearing - D. E. Jordan _ abandonment of a public
utility easement located on the east side of Apache Circle,
approximately 200 feet south of Cave Court, Kelly Ridge,
Oroville, AP 69-23-17. {520}
MOTION: MOVE TO ADOPT RESOLUTION 89--065 APPROVING THE
ABANDONMENT ON AP 69-23--17.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 AB {Unanimously Carried)
89-204 Resolution of school crossing guards and the City of Chico and
payment therefor by the Chico Unified School District.
MOTION: MOVE THAT PURSUANT TO GOVERNMENT CODE SECTION
54954.2, THE NEED TO ADDRESS THIS ITEM ON THE AGENDA
WAS BROUGHT TO THE BOARD'S ATTENTION AFTER THE
AGENDA WAS PUBLISHED.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 AB {Unanimously Carried)
MOTION: MOVE TO ADOPT RESOLUTION 89-066 APPROVING AN
AGREEMENT ENTERED INTO BETWEEN THE CITY OF CHICO AND
THE CHICO UNIFIED SCHOOL DISTRICT ~'OR THE PROVISION
OF SCHOOL CROSSING GUARDS WITHIN THE CHICO URBAN
AREA ON AN INTERIM BASIS.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 AB (Unanimously Carried}
89-205 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW
FROM TARING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED
ON THE AGENDA.} (690}
a. Rick Langley, Reporter, Oroville Mercury Register -
alleged Brown Act violation.
89-206 CLOSED SESSION: The Board recessed to closed session at
11:20 a.m. for the purpose of a personnel
matter, and actual litigation pursuant to
Government Code Section 54956.9{a) of Organ
vs, Dolan.
RECONVENE: The Board reconvened at 12:07 p.m, following
a closed session for the purpose of a personnel
matter, and actual litigation. (NO
ANNOUNCEMENTS)
Page 128
~,
May 2,.1989
89--207 Communications
COMMUNICATIONS
OFFICE.}
Communications
received and referred, (COPIES OF ALL
ARE AVAILABLE IN THE CLERK OF THE BOARD
a. Pacific Coast Producers - writes forwarding information
relating to property owners who are in agreement with the
proposed A - 160 zoning amendment in the Palermo area as
it reflects in the general plan. (REFERRED TO PLANNING
COMMISSION}
ADJOURNMENT: There being nothing further before the Board
at this time, the meeting was adjourned at
12:09 p.m. to reconvene on Tuesday, May 16,
1989 at ,9:00 a.m.
Chairr[lan, 19dard of 5upervi5ors
ATTEST:
WILLIAM H. RANDOLPH, Chief Administrative
Officer and CI ~k of the Board
By : c~~-
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May 2, 1989