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HomeMy WebLinkAboutM050791May 7, 1991 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors Campbell, Fulton, Mclnturf, McLaughlin and Chair Dolan present. William H. Randolph, chief administrative officer; Susan Minasian, county counsel; and Carol Roach, assistant clerk of the Board. Pledge of allegiance to the Flag of the United States of America. Consent Agenda 91-184 1. Approval of minutes - action requested - APPROVE MINUTES OF APRIL 16, 1991 AND APRIL 23, 1991. 2. Budget transfers - action requested -APPROVE BUDGET TRANSFERS B-163 (LIBRARY), B-168 (CIVIL DISASTER), B-169 (SHERIFF-OPERATIONS), B-170 (FIRE DEPARTMENT- REGULAR), B-171 (PROBATION/ANTI-DRUG), B-172 (DISTRICT ATTORNEY-CRIMINAL), B-173 (FIRE DEPARTMENT-SPECIAL), B-179 (NEAL ROAD LANDFILL-4/5 VOTE), B-180 (PLANNING-4/5 VOTE), B-181 (MENTAL HEALTH-ADMINISTRATION), B-182 {PROBATION-BOARD OF CONTROL), AND B-184 (MENTAL HEALTH-ALCOHOL/DRUG SERVICES). 3. Renaming a private road in the Oroville area from Ponderosa Way (Concow Road to Andy Mt. Road) to Crain Ridge Road - action requested - ADOPT RESOLUTION 91-50 SETTING A PUBLIC HEARING FOR JUNE 4, 1991 AT 10:15 A.M. 4. County Fire Department - Board authorization is requested to accept the donation of a 1972 International Van Pelt fire engine, license no. 607280, VIN no. 227911C0$1737, from the Stirling City Volunteer Fire Company. The fire engine is to be assigned to Station 12 in Stirling City - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. Page 137 May 7, 1991 May 7, 1991 91-x.84 5. County library donations - in accordance with Government Code Section 25355, donations have been received of $1,760 from Chico Friends of the Library, $500 from Paradise Friends of the Library, and $100 from Thomas W. Fulkerson, Oroville for the Butte County trust fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 6. Airport Land Use Commission - action requested - REAPPOINT CARL WALTERS TD A TERM TO EXPIRE MAY 1, 1995. 7. Local Agency Formation Commission - action requested - REAPPOINT CHAIR DOLAN, SUPERVISOR McINTURF AND SUPERVISOR McLAUGHLIN (ALTERNATE) TO TERMS TO EXPIRE MAY 1, 1995. 8. Task Force on AIDS - action requested ~- REAPPOINT ANITA BELL AND DENISE CANGIANO, AND APPOINT CAROLYN CAMERON, GINGER RUTH IVERSON, DEBBIE MUELLER, KAREN CHANDLER, PATRICIA HANSEN AND MARIAN GAGE. 9. Ed Tucker, Chico - files a claim for indemnity in an unspecified amount as a result of a complaint filed on behalf of Cando Lee Ackerman, and Kenneth Eugene Ackerman and Carl Albert Ackerman, by Cando Lee Ackerman their guardian ad litem, as a result of a motor vehicle accident which occurred on or about August 5, 1990 an Nord Highway - action requested - REJECT CLAIM FDR INDEMNITY AND REFER TO COUNTY COUNSEL AND RISK MANAGER. 10. Auditor-Controller - Board authorization is requested to purchase two Epson Equity II personal computers and printers at an estimated cost of $2,350 and one Best Programs fixed asset inventory program at $950 from existing fixed asset funds - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 11. Buildings and Grounds equipment - Board authorization is requested to purchase a carpet cleaner with attachments, $2,632; leak detection kit, $569; two hedge trimmers, $720; two power weedeaters, $480; and two power blowers, $700 from savings available from the purchase of other fixed assets - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. Page 138 May 7, 1991 May 7, 1991 91-184 12. Fire Department _ Board authorization is requested to purchase three personal computers with peripheral equipment and printers at a total cost of $10,183. Budget transfer B-173 has been prepared for the necessary appropriation _ action requested -APPROVE PURCHASE OF FIXED ASSET ITEMS. 13. Alcohol and Drug Services - revised allocation letters with additional funds for fiscal year 1990/91 have been received. Board authorization is requested far the purchase of two vehicles in the total amount of $20,000; two FAX machines at $1,725 each; four FAX machines (Community Counseling Centers) at $860 each; a Camcorder at $1,060; one external drive for an existing computer at $350; two Lotus 1-2-3 software packages at $400 each; and a computer work station at $525 from State/Federal funds. B-184 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS, 14. Probation Department - Board authorization is requested to purchase a copy machine, FAX machine, and a full page scanner in the total amount of $8,000 from funds under the State Board of Control Grant. Budget transfer B-182 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 15. Award of bid 69-91 - the Purchasing Department received and opened bids for modular panels for the Welfare Department. The bids have been evaluated and the lowest bid meeting specifications is Hooker oak Office Supplies and Equipment of Chico in the amount of $26,875.25 plus tax - action requested - AWARD BID, 16. Award of bid 70-90 _ bids have been opened in the Purchasing Department for a 4-wheel drive Kubota tractor/mower for Buildings and Grounds maintenance with the law bidder meeting specifications being Lassen Tractor Company, Chico in the amount of $14,530- action requested - AWARD BID. Page 139 May 7, 1991 Mav 7. 1991 91-184 17. Sheriff-Coroner - Berard authorization is requested for the purchase of a GANDALF DOV Unit (MISER DOV 64D) in the maximum amount of $325 from existing fixed asset funds far use in the department's personnel/payroll office for direct posting of payroll to the Auditor-Controller's PBLAN system - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM. 18. Consideration of a request from Community Action Agency far a use permit application fee waiver - action requested - DIRECT USE PERMIT APPLICATION FEE BE PAID OUT OF CDBG 89/90 INCOME. 13. Adoption of an ordinance establishing speed limits - the Department of Public Works has completed traffic studies an Hegan Lane, Saddle Drive, Lariat Loop and Decatur Drive and recommends speed zones as contained in the ordinance - action requested - ADOPT ORDINANCE 2924 AND AUTHORIZE THE CHAIR TO SIGN. 20. Adoption of an ordinance adding Section 12.24 to Chapter 12, Article II, of the Butte County Code - the proposed ordinance deals with retail firearm dealer's license and is in accordance with Section 12070 of the California Penal Code - action requested - ADOPT ORDINANCE 2925 AND AUTHORIZE THE CHAIR TO SIGN. 21. Introduction of a salary ordinance amendment which adds a 1DD percent State funded position of community health aide as part of the amended Women, Infant, and Children's (WIC) State contract - action requested - WAIVE READING OF THE ORDINANCE. 22. Introduction of an ordinance adopting 1390 edition National Electric Code - the State of California requires local jurisdictions to adapt the latest edition of the Uniform Codes which are effective July 1, 1991 -action requested - WAIVE READING OF THE ORDINANCE. 23. Resolution to amend provisions for the reimbursement of mileage and expenses to various County board and commission members - action requested - ADOPT RESOLUTION 91-51 AND AUTHORIZE THE CHAIR TO SIGN, Page 14D May 7, 1991 May 7, 1991 91-184 24. Resolution regarding parking in farm labor housing development - proposed is a resolution adopting traffic regulations at the Gridley Farm Labor Housing Development pursuant to the authority vested in the Board by Section 21111 of the California Vehicle Code - action requested - ADOPT RESOLUTION 91-52 AND AUTHORIZE THE CHAIR TO SIGN. 25. 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 1,380.83 miles - action requested - ADOPT RESOLUTION 91-53 AND AUTHORIZE THE CHAIR TO SIGN. 26. Marsh, Marsh, Volpe and Malin - proposed is the renewal of an agreement to retain attorney services at the rate of $85 per hour for a term of one year - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 27. Assignment of counsel -~ County Counsel proposes assigning Stella Small v. County of Butte to the law firm of Marsh, Marsh, Volpe and Malin - action requested - APPROVE ASSIGNMENT OF COUNSEL. 28. Assignment of counsel - County Counsel proposes assigning Gordon Watson v. County of Butte, Monica Dawn Novotny, et al., to the law firm of March, Marsh, Volpe and Molin - action requested - APPROVE ASSIGNMENT OF COUNSEL. 29. QUAD Consultants - proposed is a contract for professional services to prepare an environmental impact report for a rezone of AP 040-200-061 through 072. A deposit to the County in the contract amount of $44,605 has been made by applicant Harry Kassebaum. Budget transfer B-180 has been prepared for the necessary appropriation - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITDR- CONTROLLER. Page 141 May 7, 1991 Ma__y __2 , _ _1991 91-184 30. State Department of Health Services - proposed are Declarations of Intent no. 1, no. 3 and no. 4 authorized by Proposition 99 (Tobacco Tax) to enter into a contract with the State for administration of Hospital Services Account funds; Physician Services Account funds; and Child Health and Disability Prevention Treatment Mandates - action requested - APPROVE DECLARATIONS OF INTENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER. 31. State Department of Health Services -- proposed is an amendment to Family Planning contract no. 88- 93870, A-03, increasing the maximum amount payable to the County from $106,909 to $114,209 to reflect the actual level of services reimbursed to the County by the State far our costs to provide services - action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR- CONTROLLER. 32. State Department of Health Services - proposed is an agreement with the State for software development, installation and on-going support for the Automated Vital Statistics System (AVSS) currently utilized for the County's birth registration program. This project is 100 percent funded from a trust fund generated from a surcharge an certified copies - action requested - APPROVE LETTER OF AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR- CONTROLLER. 33. Wamen, Infants, and Children's (WIC) contract no. 89-97062 A2 - under the terms of this amendment, the State will make available additional 3.00 percent State funding to allow the WIC program to increase the number of monthly participants to 3,200 - action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. 34. Urban Mass Transportation Administratian (UMTA} Section 18 Program - the proposed grant, in the amount of $84,749, is for funding toward the purchase of a replacement bus for Butte County Transit. The estimated cost of the bus is $185,500 - action requested - APPROVE GRANT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN THE GRANT CERTIFICATIONS AND ASSURANCES. Page 142 May 7, 1991 Mav 7. 1991 91-184 35. Neal Road Landfill Company - Board authorization is requested to authorize the Director of Public Works to direct Neal Raad Landfill Company to proceed with the work of constructing Module 2 East Clay Liner and Phase 2 Perimeter Leachate Collection System, subject to Regional Water Quality Control Board approval, at a cost not to exceed $312,551 without prior Department of Public Works approval. Budget transfer B-179 has been prepared for the necessary appropriation - action requested - AUTHORIZE PUBLIC WORKS DIRECTOR TO PROCEED AS OUTLINED. 36. Extension of the Negotiated Net Amount Pilot Project (NNA) - Senate Bill 1.56 extends the NNA for the County's Alcohol and Drug Services Division through fiscal year 1993/94 - action requested - SUPPORT SB 156, AND AUTHORIZE STAFF TO COMMUNICATE THAT SUPPORT TO THE LEGISLATURE. 37. Task Force on AIDS - proposed are revised by-laws which delete the mandatory categories and designated length of terms for members - action requested - APPROVE REVISED BY-LAWS. MOTION: MOVE TO APPROVE THE CONSENT AGENDA. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Re ular A enda 91-185 Items removed from the Consent Agenda for Board consideration and action. (NONE) 91-186 Appointments - commissions and committees. a. Appointments to committee vacancies. (NONE) Page 143 May 7, 1997. ~--~ May 7, 1991 91-187 Report to the Board by Robert G. Potter, deputy director, Department of Water Resources on the Butte-Sutter Basin Memorandum of Understanding (MOU), and answer the Board's questions on the status of the water bank and the Department of Water Resource's future plans regarding Butte County water transfers - action requested - RECEIVE INFORMATION AND REQUEST FURTHER ACTION, TF NECESSARY. (71) (REPORT BY ROBERT G. POTTER, DEPUTY DIRECTOR, DEPARTMENT OF WATER RESOURCES ON THE WATER BANK AND DEPARTMENT OF WATER RESOURCES'S FUTURE PLANS REGARDING BUTTE COUNTY WATER TRANSFERS. COUNTY COUNSEL TO FOLLOW- UP ON THE COUNTY RECEIVING NOTIFICATION FROM DWR ON WATER TRANSFER AGREEMENTS BEING NEGOTIATED, AND AN AGREEMENT FOR A TWO PERCENT COUNTY ASSESSMENT ON WATER TRANSFERS. STAFF DIRECTED TO PLACE ON A FUTURE AGENDA A REPORT BY DEPARTMENT OF WATER RESOURCES STAFF ON THE STATUS OF THE GROUNDWATER BASIN STUDY.) RECESS: 9:58 A.M. RECONVENE: 10:18 A.M, Public Hearin s and Timed Items (NEIL McCABE, ASSISTANT COUNTY COUNSEL, PRESENT) 91-188 Continued hearing - County Service Area No. 87 (Keefer Road/Rack Creek Drainage) -- consideration of the provision of additional. types of extended services, specifically planning, being provided within County Service Area No. 87 (Keefer Road/Rock Creek Drainage) - actian requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (1550) (**00) MOTION: MOTION OF INTENT TO DIRECT COUNTY COUNSEL TO PREPARE A RESOLUTION EXPANDING THE POWERS OF CSA 87 TO INCLUDE PLANNING (SPECIFIC PLAN AND ENVIRONMENTAL IMPACT REPORT), AND AN ASSESSMENT IN A SUM NOT TO EXCEED $145 PER DEVELOPABLE, UNINHABITED ACREAGE AND $35 PER DWELLING UNIT. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 144 May 7, 1991 May 7, 1993 91-1,89 Public hearing - Michael Carver - abandonment of a ten foot public utility easement, lots 281, Kelly Ridge Estates Unit No. 1, file 91-17 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (1046} MOTION: MOVE TO ADOPT RESOLUTION 91-55 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 91-190 Public hearing - Robert Persons, et al. - consideration of an appeal of Butte County Planning Commission's approval of Toni Hothan use permit (proposed negative declaration with mitigation measures regarding environmental impact} to allow a boarding kennel on property zoned FR-5 (foothill recreational five acre parcel), property located in south Paradise Urban Reserve an the north side of Indian Springs Road approximately 1/2 mile west of Neal Road, identified as AP 055-450-002, Paradise area. (1146) (HEARING OPENED AND CONTINUED OPEN TO JUNE 18, 1991 AT 10:30 A.M.) (SUSAN MINASIAN, COUNTY COUNSEL, PRESENT) Regular Agenda 91-1,91 Report to Board by Borcalli and Associates, Sacramento, on FEMA flood insurance program. (1269} (REPORT BY FRANCIS BORCALLI, AND TOM SMITH, PROJECT MANAGER, OF BORCALLI AND ASSOCIATES) 91-192 Consideration of a resolution authorizing the issuance of Chico Unified School District 1991 General Obligation Bonds, Series B, in the principal amount not to exceed $8,000,000 far the purpose of financing real property acquisition or improvements - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (1.680) MOTION: MOVE TO ADOPT RESOLUTION 91-55 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 345 May 7, 1991 May 7, 1991 91-193 Consideration of an agreement with PSP Information Group, Inc. for software installation and hardware purchase for the County's Mental Health Department with an annual cost of $102,350 from State and local funds - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. MOTION: MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 91-194 Update by the Chief Administrative Officer on Sacramento/legislative activities. (1957} (NO ACTION TAKEN) 91-195 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. Steven E. Kirkpatrick, Deputy District Director, Project Development, State Department of Transportation--forwards notification that Caltrans is formally initiating studies for a project that will widen and rehabilitate a portion of State Highway Route 70 from the Yuba County line to Palermo Road, and requests being advised within 30 days if the County has any facilities or plans for development which might be affected by the proposal - action requested - REFER TO PUBLIC WORKS DIRECTOR. b, Robert D. Walton, Assistant Executive Officer, Contract and Program Services, PERS - responds to the Board's letter of March 19, 1991 to Bill D. Ellis, President, PERS Board of Administration, requesting that the four resolutions adopted by the PERS Board on October 17, 1990 for the State of California, be extended to public agencies - action requested .» REFER TO PERSONNEL DIRECTOR. Page 146 May 7, 1991 Mav 7. 1991 91-195 c. Senator Mike Thompson, 4th District - requests Board support far SB 11.99 which will address the concerns of rural businesses throughout California regarding the differences between signage needs for urban and rural areas - action requested - REFER TO CHIEF ADMINISTRATIVE OFFICER. (1957) (JANE DAVIS, BIGGS, ADDRESSED THE BOARD URGING SUPPORT FOR SB 1199, AND REQUESTED A LETTER COMMUNICATING THAT SUPPORT FOR PRESENTATION AT A CALTRANS MEETING THE WEEK OF MAY 13, 1991.) MOTION: MOVE THAT THE BOARD WAS ADVISED OF THE NEED TO TAKE ACTION ON THIS ITEM AFTER PREPARATION OF THE AGENDA. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried) MOTION: MOVE TO SUPPORT LEGISLATION SB 1199. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried) d. Betty M, Dean, Superintendent/President, Butte College - advises the Board that realignment of the supervisorial districts directly impacts the boundaries of Butte College's trustee areas, and requests notification of the Board's review of supervisorial district alignment for possible modification in order to provide input concerning any modifications that may occur - action requested - REFER TO SUPERVISORS FULTON, McLAUGHLIN, AND PLANNING DIRECTOR. Public Hearings and Timed Items (NEIL MCCABE, ASSISTANT COUNTY COUNSEL, PRESENT) 91-195 Continued hearing - Conflict of Interest Code, Butte County - Fair Political Practices Commission - proposed is the amendment of the County's Conflict of Interest Code pursuant to Government Code Section 87306 - action requested - ADOPT RESOLUTION AMENDING THE BUTTE COUNTY CONFLICT OF INTEREST CODE AND AUTHORIZE THE CHAIR TO SIGN. (2280) MOTION: MOVE TO ADOPT RESOLUTION 91-56 AMENDING THE BUTTE COUNTY CONFLICT OF INTEREST CODE AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 147 May 7, 1991 May 7 ,___1991 RECESS: 12:05 P.M. RECONVENE: 1:45 P.M. (SUPERVISOR CAMPBELL NOT PRESENT; SUSAN MINASIAN, COUNTY COUNSEL PRESENT} 91-197 Overview by Ray Narbaitz, Administrative Assistant to Assemblyman Stan Statham, on Sacramento budget/legislation. (2434) (***00) (REPORT TO THE BOARD BY RAY NARBAITZ, ADMINISTRATIVE ASSISTANT TO ASSEMBLYMAN STAN STATHAM) (SUPERVISOR CAMPBELL PRESENT} 91-198 Workshop/Public hearing - development of old subdivision lots and other existing parcels as follows: A. Consideration of the amendment of an ordinance amending Chapters 19 (sewage disposal) and 26 (buildings} of the Butte County Code to provide enhanced standards for the protection of the public health, safety and welfare; B. Introduction of an ordinance providing for the voluntary merger of contiguous parcels under common ownership; and C, Adoption of a resolution establishing and modifying well construction and destruction standards. (688) (****00) (CHAIR DOLAN AND SUPERVISOR McLAUGHLiN TO WORK WITH STAFF ON PROPOSED AMENDMENTS TO THE ORDINANCE(S) TO ADDRESS THOSE CONCERNS BROUGHT FORWARD TODAY. HEARING CONTINUED OPEN TO JUNE 4, 1991 AT 10:30 A.M.) (SUPERVISOR FULTON NOT PRESENT; SUPERVISOR FULTON PRESENT) (SUPERVISOR CAMPBELL NOT PRESENT; SUPERVISOR CAMPBELL PRESENT) (SUPERVISORS FULTON AND McLAUGHLIN NOT PRESENT) 91-199 CLOSED SESSION: The Board recessed to a closed session at 4:26 p.m. for the purpose of a workman's compensation matter of Crisan v. County of Butte, actual litigation pursuant to Government Code Section 54956.9(a}. (1674) Page 148 May 7, 1991 May 7, 1991 91-199 RECONVENE: The Board reconvened at 4:52 p.m. following a closed session for the purpose of a workman's compensation matter of Crisan v. County of Butte, actual litigation pursuant to Government Code Section 54956,9(a). (NO ANNOUNCEMENTS) 91-200 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS TS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ,ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.) (NONE) ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 4:53 p.m, to reconvene on Tuesday, May 21, 1991 at 9:00 a.m. E'DOT~N, Chair rd of Supervisors ATTEST: WILLIAM H. RANDOLPH, Chie~~~ti'strative Officer and Clerk of he Board of Supervisors By; Page 149 May 7, 1991