Loading...
HomeMy WebLinkAboutM051590May 15, 1990 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville, Supervisors Dolan, Fulton, McInturf and Vercruse present. Chairman McLaughlin nat present. William H. Randolph, chief administrative officer; Susan Minasian, County Counsel; and Carol Roach, assistant clerk of the Board. (VICE CHAIR JANE DOLAN PRESIDING} Pledge of allegiance to the Flag of the United States of America. 90-.198 Consent Aaenda 1. Approval of minutes - action requested - APPROVE MINUTES OF APRIL 24, 1990, APRIL 25, 1990 AND MAY 1, 1990. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-186 (NO. COUNTY MUNICIPAL COURT), B-187 (SHERIFF-OPERATIONS), B-188 (ASSESSOR), B-189 {SHERIFF-OPERATIONS), B-190 (COURT REPORTERS), B-192 - (EMPLOYEE BENEFITS CLEARING}, B-194 {SUPERIOR COURT), B-195 (SUPERIOR COURT), B-196 (MENTAL HEALTH), B-197 (SHERIFF-CONSENT DECREE), B-198 (SUPERIOR COURT), B-199 (SUPERIOR COURT), AND B-200 (SHERIFF-OPERATIONS). 3. County library donation - in accordance with Government Code Section 25355, a donation of $500 has been received from Paradise Friends of the Library for the Butte County Library trust fund for books - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. 4. Appointment to Personnel Appeals Commission -action requested - APPOINT CATHI WARD AS A LABOR NOMINEE ALTERNATE TO SERVE UNTIL DECEMBER 31, 1991. Page 142 May 15, 1990 Mav 15. 1990 90-198 5. Final map - Philadelphia Square Subdivision, Phase III -- the developer has provided letters of credit to guarantee construction of improvements within a period of one year on the ten lot subdivision, AP 06-21-67, property located on the southeast corner of Eaton Road and The Esplanade, Chico area - action requested - APPROVE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN ITEMS 1 AND 2 OF THE OWNER'S STATEMENT ON BEHALF OF THE PUBLIC; ACCEPT GRANT TN FEE SIMPLE EATON ROAD, THE ESPLANADE AND ONE FOOT NO-ACCESS STRIP AS DFFERED IN ITEMS 3, 4 AND 5 (STORM DRAIN EASEMENT AND SANITARY SEWER EASEMENT AS OFFERED IN ITEMS 6 AND 7 ARE NOT ACCEPTED AT THIS TIME) OF THE OWNER'S STATEMENT; AND AUTHORIZE CHAIRMAN TO SIGN SUBDIVISION AGREEMENT. 6. Final map - Robert Skillin Subdivision -the developer has provided a cash deposit to guarantee maintenance of facilities for a period of one year starting April 13, 1990 on the eight lat subdivision, AP 38-19-04 and 05, property located on the west side of Stanford Lane, 4800 feet easterly of Midway, Durham area - action requested - APPROVE FINAL MAP; ACCEPT EASEMENTS AS GRANTED TN ITEMS B, C AND D OF THE OWNER' S STATEMENT ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE STANFORD LANE AS OFFERED IN ITEM A OF THE OWNER'S STATEMENT; AND AUTHORIZE CHAIRMAN TO SIGN SUBDIVISION AGREEMENT, 7. Formation of County Service Area No. 129 (Orchard House Estates) - the Local Agency Formation Commission has approved the formatian of County Service Area No. 129 (Orchard House Estates) to provide street lighting and storm drainage maintenance pursuant to Government Cade Section 25210.14 - action requested - ADOPT RESOLUTION 90- 74 AND AUTHORIZE THE CHAIRMAN TO SIGN. 8. Formation of County Service Area No. 130 (Richardson Springs) ~- the Local Agency Formation Commission has approved the formation of County Service Area No. 130 (Richardson Springs) to provide replacement and maintenance of a waste water treatment facility pursuant to Government Code Section 25210.14 action requested - ADOPT RESOLUTION 90-75 AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 143 May 15, 1990 May 15, 1990 90-198 9. Civil Disaster - Board authorization is requested to purchase and install four new 911 dispatch consoles to complete the implementation of Enhanced 911 in the unincorporated portion of the County. The State Telecommunications Division wi11 reimburse the County for assets purchased due to implementation of 911. A budget transfer has been prepared far the necessary appropriation - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. 10. Sheriff's Department - Board authorization is requested to accept a 1983 Chevrolet Camaro, an asset seizure in a drug case with an appraised value of $9,000, as county property for utilization by the Sheriff's Department's for drug investigation purposes - action requested -~ AUTHORIZE ACCEPTANCE AS COUNTY PROPERTY. 11. Sheriff's Department ~- Board authorization is requested to purchase a replacement 60 gallon steam kettle, stainless steel, 110 volt, celluloid gas burner in the total amount of $6, 730 for use in meal preparation in the jail kitchen. A budget transfer has been prepared for the necessary appropriation -- action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEM. 12. Superior Court - Board authorization is requested to purchase replacement equipment for the public address systems in Superior Court departments 1, 2 and 3, and installation of a public address system in department 4. An estimate of equipment cost including installation is $21,500. A budget transfer has been prepared for the necessary appropriation -action requested -AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. 13. Superior Court - Board authorization is requested to purchase one electronic daisywheel typewriter for $425 including tax, an IBM-AT compatible computer with related hardware, software, and accessories in the estimated amount of $2,770 including tax, and a D-216 terminal, graphics board for Printronix printer, and font cartridge for laser printer in the estimated amount of $5,075 including tax. A budget transfer has been prepared for the necessary appropriation - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. Page 144 May 15, 1990 May_ _ 1.5_,__ 1.9 9 0 90-198 14. Superior Court - Board authorization is requested to purchase a closed circuit television (CCTV) system which will replace the current camera and two monitors, and provide additional equipment to allow security monitoring by the court bailiffs of transport vehicles in the sallyport and movement of prisoners to holding cells. An equipment purchase and installation estimate has been prepared by the Communications Department in the amount of $11,234. A budget transfer has been prepared for the necessary appropriation - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEMS. 15. Superior Court - Board authorization is requested to purchase one electric typewriter for $300 including tax, and a Data General Model 6474 laser printer with cable in the estimated amount of $3,098. 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. 1988-89 audit - the firm of Coopers & Lybrand has completed the audit report and submit the Report to Management and Report on Audit of General Purpose Financial Statements - action requested -ACCEPT REPORTS AND DIRECT CHIEF ADMINISTRATIVE OFFICER TO SECURE DEPARTMENTAL COMMENTS TO THE MANAGEMENT REPORT AS APPROPRIATE. 17. Investment information report - the Treasurer/Tax Collector submits the April 30, 1990 report in accordance with AB 1073 and the County's investment policy - action requested w ACCEPT FOR INFORMATION. 18. Salary ordinance amendment implementing corrections to the classification codes as they currently appear in the salary ordinance for deputy air pollution control officer and assistant clerk to the Board of Supervisors II and I - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. Page 145 May 15, 1990 May 15, 1990 90-198 19. Salary ordinance amendment - proposed as a result of a classification study is a salary adjustment for chief deputy auditor-controller from range 53 to range 60, and reclassifications from payroll supervisor, range 29 to payroll operations manager, range 39, and accounting control supervisor, range 29 to accounting operations manager, range 39. Funding is from within the department budget - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. 20. Resolution proclaiming May 7-12 as "Clean Air Week" in Butte County - action requested - ADOPT RESOLUTION 90-76 AND AUTHORIZE THE CHAIRMAN TO SIGN. 21. Resolution proclaiming May, 1990 as California Foster Care Awareness month - action requested - ADOPT RESOLUTION 90-77 AND AUTHORIZE THE CHAIRMAN TO SIGN. 22. Right-of--way acquisition - agreement for sale - LaPorte Road reconstruction project, County project no. 03531-89-1: Total Parcel No. Owner Acres 4 E. Platter & Sons 1.72 5 Esther Margaret 3.57 Mitchell Purchase Price Land Improvements Total 0.0 None 0.0 (Donation) 0.0 None 0.0 (Donation) action requested - APPROVE AGREEMENTS FOR ACQUISITION AND AUTHORIZE CHAIRMAN TO SIGN; ACCEPT DEEDS; AND AUTHORIZE CHAIRMAN TO SIGN CERTIFICATES OF ACCEPTANCE. Page 146 May 15, 7.990 Mav 15, 1990 90-198 23. Right-of-way exchange - the proposed right-of-way exchange with Betty Simpson far other right-of-way along Lower Wyandotte Road which is needed for road purposes as part of a tentative parcel map, AP 36- 31-106 and 130, property located on the north side of Lower Wyandotte Road approximately 11 miles east of Upper Palermo Road, Oroville area was approved by the Board on August 1, 1989. Subsequent to recording of the deeds, an error was discovered in the legal description of the quit claim deed - action requested - AUTHORIZE CHAIRMAN TO SIGN CDRRECTED QUIT CLAIM DEED. 24. Lake Madrone - proposed is a quit claim deed to the North State National Bank, owner of certain real property at Lake Madrone, which is in the same form as a previous quit claim deed executed by the County in favor of the now defunct Lake Madrone Properties, Inc. in July, 1970. The previous quit claim deed was recorded in 1971, but the deed may not actually have been accepted by Lake Madrone Properties, Inc. The proposed action is consistent with previous efforts of the County to disclaim ownership and responsibility for the property at Lake Madrone, including the dam, while retaining a utility and road easement on the dam - action requested - APPROVE QUIT CLAIM DEED, AND AUTHORIZE THE CHAIRMAN TO SIGN. 25. Egg Quality Control contract no. 90-0061 - proposed is a contract with the Department of Food and Agriculture in the maximum amount of $939 commencing July 1, 1990 through June 30, 1991 - action requested -APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. 26. Assignment of counsel - County Counsel proposes to assign Midway Orchards v. County of Butte to the law firm of Remy & Thomas - action requested - APPROVE ASSIGNMENT OF COUNSEL. 27. Assignment of counsel - County Counsel proposes to assign Moran v. Butler to the law firm of Marsh, Marsh, Volpe & Molin -action requested - APPROVE ASSIGNMENT OF COUNSEL. Page 147 May 15, 1990 May 15, 1990 90-198 28. Child Abuser Vertical Prosecution Program {CAVP} grant application - a resolution has been prepared which is needed for incorporation in a grant application being prepared by the District Attorney's Office for submittal to the State Office of Criminal Justice Planning in the amount of $124,387 for fiscal year 1990/91 -- action requested - ADOPT RESOLUTION 90-78 AND AUTHORIZE THE CHAIRMAN TO SIGN. 29. Anti-Drug Abuse Program - a resolution has been prepared which is needed for incorporation in a grant application to the Office of Criminal Justice Planning for the Butte Anti-Drug Special Supervision Project which the Chief Probation Officer is preparing for submittal to the State Office of Criminal Justice Planning {OCJP} far fiscal year 1990/91 in the amount of $129,711 - action requested -ADOPT RESOLUTION 90-79 AND AUTHORIZE THE CHAIRMAN TO SIGN. 30. Marijuana Suppression Program - a resolution has been prepared which is needed for incorporation in a grant application for the Tri-County Marijuana Eradicat~.on Unit which the Sheriff's Office is preparing for submittal to the State Office of Criminal Justice Planning (OCJP} for fiscal year 1990/91. The grant application will include the counties of Tehama and Plumas - action requested - ADDPT RESOLUTION 90-80 AND AUTHORIZE THE CHAIRMAN TO SIGN. 31. 1990 Bureau of Land Management agreement -agreement no. CA-950-CAO-008 has been prepared with the Bureau of Land Management covering marijuana detection and other criminal activity on state and federal lands covering the period April 1 through September 30, 1990 in an amount not to exceed $12,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 32. 1990 U. S. Forest Service agreement - an agreement has been prepared with the U,S. Forest Service for aggressive law enforcement action on marijuana cultivation on national forest land within Butte County and to provide patrol service to designated campground areas within the national forests in Butte County. The agreement is from April 15, 1990 through September 30, 1990 in the amount of $69,750 - action requested - APPRDVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 148 May 15, 1990 May, 1~ , 1990 90-198 33. Mission Square Building lease - GAIN client assessment services -- proposed is a lease agreement for an additional 2, 000 square feet of space for job search training, interviewing, and assessment testing for the period of May 1, 1990 through April 30, 1991 in the annual amount of $13,200 from state and federal funds - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN, 34. Advanced step hiring - Public Works Department - Board authorisation is requested for advanced step hiring of a junior civil engineer at step 3 of the salary range - action requested - AUTHORIZE ADVANCED STEP HIRING. MOTION: MOVE TO APPROVE THE CONSENT AGENDA. S M VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried) Regular Agenda 90-199 Items removed from the Consent Agenda for Board consideration and action. {NONE) 90-200 Appaintments - commissions and committees. a. Appointments to committee vacancies. (NONE) 90-201 Municipal Court Evaluation Committee - action requested - MAKE APPOINTMENTS. (45) MOTION: MOVE TO APPOINT SUPERVISOR MCINTURF AND CHAIRMAN MCLAUGHLTN AS BOARD APPOINTEES TO THE MUNICIPAL COURT EVALUATION COMMITTEE. S M VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried} MOTION: MOVE TD APPROVE COMMITTEE COMPOSITION AS RECOMMENDED, AND BOARD APPOINTEES BE SUPERVISOR McZNTURF AND CHAIRMAN McLAUGHLIN. M S VOTE: 1 Y 2 Y 3 Y 4 NP 5 Y (Unanimously Carried) 90-202 Timber Harvest Plan 2-90-119(BUT{1} - residents in the Magalia-Paradise Pines Area have expressed concern aver the timber harvest plan filed with California Division of Forestry (CDF) - action requested - SET PUBLIC HEARING DATE OF MAY 22, 1990 AT 11:00 A.M. (97) (CHAIRMAN MCLAUGHLIN PRESIDING) Page 149 May 15, 1990 May 15, 1990 MOTION: MOVE TO SET A PUBLIC HEARING DATE FOR MAY 22, 1990 AT 11:00 A.M. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 90-203 Consideration of budget transfer 1990-1 for the Butte County Fair Sportsman's Expa - action requested - APPROVE BUDGET TRANSFER. (225) MOTION: MOVE TO APPROVE BUTTE COUNTY FAIR BUDGET TRANSFER 1990-1. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 90-204 Automated Government Systems (AGS) agreement - proposed is an agreement for a case management system (CMS) for the South County Municipal Court in the amount of $154,233. Budget transfers of $4,278 from the Lower Court Automation Fund, and $104,535 from the Criminal Justice Facilities Temporary Construction Trust Fund are requested to augment the $45,420 previously appropriated by the Berard for purchase of an automation system. The proposal has been approved by the Criminal Justice Committee and the Data Processing Steering Committee - action requested - AUTHORIZE BUDGET TRANSFERS, APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. (340) MOTION: MOVE TO AUTHORIZE BUDGET TRANSFERS, APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried} Public Hearings and Timed Items 90-205 CLOSED SESSION: The Board recessed at 9:28 a.m. for a closed session for meet and confer. RECONVENE: The Board reconvened at 9:53 a.m. following a closed session for meet and confer. (NO ANNOUNCEMENTS) 90-206 Public hearing - consideration of requesting a waiver by the State Department of Finance of Butte County's legal obligation to meet a matching fund requirement in accordance with Government Code Section 11019.6 or otherwise to provide a share of the cost of the program for reimbursement of homicide trial costs far fiscal years 1987-88, 1988-89 and 1989-90 pursuant to Government Code Section 15202 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIRMAN TO SIGN. (558} Page 150 May 15, 1990 May 15, 1990 MOTION: MOVE TO ADOPT RESOLUTION THE CHAIRMAN TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y 90-81 AND AUTHORIZE (Unanimously Carried) Regular Agenda 90-207 Report by Public Works Director on Neal Road landfill - action requested: (680) A. AUTHORIZE 3.52 PERCENT CPI INCREASE IN GATE FEES; B. AUTHORIZE AN ADDITIONAL 6.4$ PERCENT INCREASE IN GATE FEES TO BE PLACED IN THE NEAL ROAD LANDFILL IMPROVEMENT TRUST FOR FUNDING OF FUTURE OPERATIONAL EXPENSES; C. DIRECT PUBLIC WDRKS TO PREPARE A REVISED GATE FEE SCHEDULE, SUBJECT TO APPROVAL OF THE AUDITOR- CONTROLLER, FOR BOARD CONSIDERATION ON JUNE 5, 1990 WITH NEW FEES TO BECOME EFFECTIVE JULY 1, 1990. ALL COLLECTORS TO BE NOTIFIED CONCERNING THE FEE INCREASE; AND D. APPROVE AMENDMENT TO PRESENT AGREEMENT TO CHANGE HOURS 4F OPERATION FROM 6:30 A.M. TO 5:00 P.M. DAILY. (BOARD DIRECTION TO PREPARE A REVISED GATE FEE SCHEDULE, AND AN AMENDMENT TO THE PRESENT AGREEMENT TO CHANGE HOURS OF OPERATION FOR BOARD CONSIDERATION ON JUNE 5, 1990} 90-208 Report to Board regarding Sycamore Valley Estates, Phase II - requirement for grant of 60 fact right-af-way to County of Butte - action requested - BOARD DIRECTION. (1089) (BOARD DIRECTION TO COUNTY COUNSEL TO PREPARE A REPORT TO THE BOARD ON THE MECHANICS OF EMINENT DOMAIN PROCEEDINGS, AND TO VERIFY THE DEVELOPER'S COMMITMENT TO PROCEED WITH THE COST OF THE PROCEEDINGS. CHAIRMAN McLAUGHLIN EMPHASIZED THAT THERE IS NO COMMITMENT ON BEHALF OF THE BOARD AT THIS TIME TO PROCEED WITH EMINENT DOMAIN PROCEEDINGS.) Public Hearings and Timed Items 90-209 Public hearing - Posada Way Investors - consideration of a rezone (proposed negative declaration regarding environmental impacts} to R-4 (residential) from PAC (planned area cluster), property located at the southwest corner of Joshua Tree Road and Posada Way intersection, identified as AP 007-31-0-008, 009, 010 and 011, Chico. (1476) Page 151 May 15, 1990 MaV 15, 1990 MOTION: VOTE: MOVE TO NOTE THAT THE BOARD OF SUPERVISORS UPHELD AN APPEAL FOR THE REQUIREMENT OF AN EIR FINDING THAT: THE PROPOSED REZONE AND ASSOCIATED REQUIREMENTS FOR EXPANSION OF CHICO'S SEWER SERVICE DISTRICT WOULD NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT BECAUSE: 1. THE PROPOSED SEWER LINE EXTENSION IS NOT A TRUNK LINE AND WILL ONLY SERVE A LIMITED AREA. 2. THE PARCELS TO BE SERVED BY THE SEWER ARE SURROUNDED BY EXISTING DEVELOPMENT AND THE SEWER EXTENSION WILL NOT ALTER EXISTING OR PROPOSED LAND USE IN THE AREA. 3. THE PROJECT WILL NOT INDUCE SUBSTANTIAL GROWTH OR CONCENTRATION OF POPULATION IN AN AREA NOT ALREADY DEVELOPED. 4. THE BUTTE COUNTY LAND USE ELEMENT DESIGNATES THE PARCELS IN THIS PROJECT HIGH DENSITY RESIDENTIAL AND A PUD ZONE FOR 45 DWELLING UNITS HAS BEEN PREVIOUSLY APPROVED ON-SITE; AND 5. THIS PROJECT IS SEPARATE, DIFFERENT IN CHARACTER AND, FACTUALLY DISTINGUISHABLE FROM OTHER PROJECTS REQUIRING EXPANSION OF THE SEWER SERVICE DISTRICT; AND FIND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND RECOMMEND THE BOARD OF SUPERVISORS ADOPT A NEGATIVE DECLARATION; AND FIND THAT THE PROPOSED REZONE CONFORMS TD THE POLICIES, INCLUDING THE TEXT AND MAP, OF THE BUTTE COUNTY GENERAL PLAN; AND ADOPT ORDINANCE 2831 REZONING TO R-4 THAT PROPERTY IDENTIFIED AS AP 00'7-310-DO8, DD9, 010 AND 011 (POSADA WAY INVESTORS}. S M 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 152 May 15, 1990 .~ ' _ Ma 15 1990 Regular Acrenda 90-210 Consideration of request from Chico Urban Area unincorporated residents for an advisory vote on annexation. (Supervisor Vercruse) (2066) (~*00) (STAFF TO OBTAIN INFORMATION FOR AND AGAINST ANNEXATION FOR BOARD CONSIDERATION IN JULY TO DETERMINE IF ENOUGH INFORMATION IS TOGETHER TO BE HELPFUL FOR AN ADVISORY VOTE IN NOVEMBER. FURTHER, TO SEND A LETTER TO THE CITY OF CHICO REQUESTING A DEFINITION OF COSTS.) 90-211 Potential appointment of Welfare Director - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. (870) (APPOINTMENT TO BE CONSIDERED IN CLOSED SESSION) 90-212 Consideration of proposed letter to local governmental entities which have funds in the County treasury, together with Bankruptcy Impact Meeting schedule and agenda - action requested - APPROVE PROPOSED LETTER AND AUTHORIZE THE CHAIRMAN TO SIGN. (880} MOTION: MOVE TO APPROVE THE PROPOSED LETTER AND AUTHORIZE THE CHAIRMAN TO SIGN. M S VOTE: ~. Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 90-213 Update by the Chief Administrative Officer on Sacramento/legislative activities. (902) (REPORT BY WILLIAM H. RANDOLPH, CHIEF ADMINISTRATIVE OFFICER) (SUPERVISOR FULTON NOT PRESENT) 90-214 Board designation of member(s) to oral panel for mental health director and air pollution control officer recruitments. {975) (SUPERVISOR DOLAN TO SERVE ON THE ORAL PANEL FOR THE MENTAL HEALTH DIRECTOR RECRUITMENT AND SUPERVISOR VERCRUSE TO SERVE ON THE ORAL PANEL FOR THE AIR POLLUTION CONTROL OFFICER RECRUITMENT.) (SUPERVISOR FULTON PRESENT} 90-215 Grading on Vandegrift property in Magalia. (1109) (SUSAN MINASTAN, COUNTY COUNSEL, RECOMMENDED TO THE BOARD THAT THIS MATTER IS POTENTIAL LITIGATION AND AS SUCH SHOULD BE CONSIDERED IN CLOSED SESSION.) 90-216 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 TS NOT LISTED ON THE AGENDA.) (1620) (NONE) Page 153 May 15, 1990 Mav 15. 1990 90-217 CLOSED SESSION: The recessed to closed session at 12:20 p.m. for the purpose of personnel, potential litigation pursuant to Government Code Section 54956.9 (c) (Vandegrift), and actual litigation pursuant to Government Code Section 54956.9{a) (Cal OSHA citation, County of Butte v. Holcomb, Cook v. Board of Supervisors, Handy v. Board of Supervisors and Sprueill v. County of Butte.) RECONVENE: The Board reconvened at 12:50 p.m. following a closed session on personnel, potential and actual litigation. (NO ANNOUNCEMENTS ON POTENTIAL AND ACTUAL LITIGATION.) Potential appointment of Welfare Director - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. (NO ACTION TAKEN REGARDING THE APPOINTMENT OF A WELFARE DIRECTOR} 90-218 Communications Communications received and referred. {COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. State Department of Transportation -forwards "Notice of Intention to Relinquish Highway Right of Way" at Neal Road, three miles southeast of Chico and along Southgate Lane, 1/2 mile southeast of Chico, road 3-But-99 - action requested - AUTHORIZE CHAIRMAN TO SIGN RECEIPT OF THE NOTICE OF INTENTION TD HIGHWAY RIGHT OF WAY, AND REFER TO PUBLIC WORKS DIRECTOR FOR REPORT AND RECOMMENDATION. b. Russel and Rita Schmidl, Live Oak -forwards notice of nonrenewal of land conservation act agreement on parcel AP 02'7-23--0-004 - action requested -REFER TO ASSESSOR .AND PLANNING DIRECTOR. c. Shelton T. Enochs, Mayor, City of Chico - writes to advise the Board of the meeting scheduled on Tuesday, May 22, 1990 at 7:30 p.m. in the Council Chamber for Warner Street property owners and residents regarding Warner Street Improvements (West Sacramento to West 6th Avenue} - action requested - REFER TO PLANNING DIRECTOR AND PUBLIC WORKS DIRECTOR. Page 3.54 May 15, 1990 May 15, 1990 d. Richard Ratledge, Chico - submits his resignation from the Butte County Mental Health Advisory Board - action requested - REFER TO ADMINISTRATIVE OFFICE. e. State Regional Water Quality Control Board - submits notification pursuant to Proposition 65 and Health and Safety Code Section 25180.7 of the illegal discharge (or threatened illegal discharge) of hazardous waste at the Durham Grange - action requested - REFER TO PUBLIC HEALTH DIRECTOR. f. Northern California Emergency Medical Services, Inc. - requests the Board take a position in apposition to AB 3498 (Roos), which removes the county's or multi county agency's mechanism to recover costs - action requested - REFER TO ADMINISTRATIVE OFFICE. g. Franceen McKenna, Alpha Gamma Delta, Chico - writes requesting Board authorization for the closure of River Raad in Chico, from approximately the washout to Scotty's Boat Landing on November 10, 1990 from 7:00 a.m. to 12:00 noon during a 5k run to benefit the Juvenile Diabetes Foundation - action requested - REFER TO PUBLIC WORKS DIRECTOR. ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 12:50 p.m. to reconvene on Tuesday, May 22, 1990 at 9:00 a.m. ~ ~~~~ Chairman, Bo ATTEST: WILLIAM H. RAN and clerk of By: of Supervisors Chief Administrative Officer Board of Supervisors Page 155 May 15, 1990