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HomeMy WebLinkAboutM051992Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors Fulton, Houx, McInturf, McLaughlin and Chair polan present. Starlyn Brown, acting 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. 92-193 Items removed from the Consent Agenda for Board consideration and action. 1. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-203 (DEVELOPMENT SERVICES), B-204 (COMMUNICATIONS), B-211 (SUPERIOR COURT), B-212 (SUPERIOR COURT), B-214 (DISTRICT ATTORNEY/CRIMINAL), B-215 (PERSONNEL), B-216 (BOARD OF SUPERVISORS), B-217 (PUBLIC WORKS/YARDS AND STORES), B-218 (MENTAL HEALTH/GENERAL SERVICES), B- 219 (WELFARE/ADMINISTRATION), B-220 (NORTH COUNTY MUNICIPAL COURT), B-221 (AIR POLLUTION CONTROL), B-223 (SOUTH COUNTY MUNICIPAL COURT), B-224 (COUNTY CLERK), B-226 (LIBRARIES), B-229 (SHERIFF/INCARCERATION), AND B-231 (BUILDINGS AND GROUNDS). 2. County Library donations - in accordance with Government Code Section 25355, donations of $5,000 from Friends of the Library, Oroville, donations totaling $3,492.95 from Chico Friends of the Library, and $300 from Fraternal Order of Eagles, Paradise have been received for the Butte County Library Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. Page 155 May 19, 1992 ~. -~ May 19. 1992 92-193 3. Private Industry Council - action requested - APPOINT C. GARY OTT (OROVILLE BUSINESS REPRESENTATIVE) TO SERVE UNTIL JUNE 14, 1994. 4. County of Butte/City of Chico - proposed is a quitclaim deed transferring a drainage easement from the County of Butte to the City of Chico. The County's Public Works Department is in aqreement with the proposed action - action requested - APPROVE QUITCLAIM DEED AND AUTHORIZE THE CHAIR TO SIGN. 5. Robert Walborn and Rita Walborn, c/o Sacramento - file a claim for indemnity in an unspecified amount for alleged injuries and damages sustained as a result of a motor vehicle accident on Oro-Bangor Highway approximately six-tenths (0.6) of a mile south of Swedes Flat Road on or about April 22, 1991 - action requested - REJECT CLAIM FOR INDEMNIFICATION AND REFER TO COUNTY COUNSEL AND RISK MANAGER. 6. Adoption of a salary ordinance amendment flexibly staffing three engineering technician II, I positions to one position of civil engineering - assistant or engineering technician II, and two positions of engineering technician II - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. 7. Adoption of a salary ordinance amendment deleting classification titles of occupational therapist assistant and physical therapist assistant and adding the classification title of occupational/physical therapist assistant, correcting administrative errors in the Management, Confidential and Supervisory Unit classifications, and adding a flat rate assignment classification of administrative aide at $4.25/hour - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. 8. Adoption of a salary ordinance amendment increasing from one-half time to full time one office assistant II position in the Planning Department on a temporary basis due to a clerical employee~s maternity leave. The one half time clerical position will not be filled during the length of the leave of absence thus resulting in cost savings for the department - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. Page 156 May 19, 1992 May 19. 1992 92-193 9. Adoption of an ordinance amending Chapters 26 (Buildings), 26B (Mechanical Code), and 28 (Plumbing) of the Butte County Code to adopt and incorporate code amendments of 1991 effective July l, 1992 - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. 10. Employees with life threatening illnesses policy - action requested - ADOPT RESOLUTION CREATING SECTION 4.7 OF THE BUTTE COUNTY PERSONNEL RULES ADDING THE EMPLOYEES WITH LIFE THREATENING ILLNESSES POLICY FOR ALL EMPLOYEES AND REPRESENTATION UNITS OTHER THAN THE GENERAL UNIT AND AUTHORIZE THE CHAIR TO SIGN. 11. Resolution adding application fees of $580 for administrative permits as approved as part of your Board's agenda of May 5, 1992 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 12. Agreement regardinq development of Rocky Bluffs Subdivision and County Service Area No. 21 facilities - the proposed agreement would: (1) resolve legal questions regarding the use of a County easement for construction of facilities within the CSA 21 sewage disposal areas; and (2) provide a method and approximately 50 percent of the financing for replacement of existing sewage disposal ponds, if necessary. (The balance of the costs would be borne by CSA 21, and assessed to property owners in zone 1 thereof.) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 13. Duerr Evaluation Resources - proposed is an agreement for the initiation of a process to standardize intake and assessment forms used by public and private health and human service providers for the period February 28, 1992 through June 30, 1992 in the maximum amount of $12,868.08 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 14. 1992/93 State Department of Youth Authority contract no. 92-054 - proposed is a contract to implement Sections 704 and 1731.6 of the Welfare and Institutions Code for case referrals to the Youth Authority from the juvenile or criminal courts for diagnostic and treatment services, and temporary detention in the maximum amount of $3,480 per month - action requested - ADOPT RESOLUTION AUTHORIZING THE CHIEF PROBATION OFFICER TO SIGN AGREEMENT ON BEHALF OF THE COUNTY. Page 157 May 19, 1992 May 19, 1992 92-193 15. Eco-Analysts - as part of the planning phase of the Richardson Springs Small Community Grant No. 250 Project, the State Water Resources Control Board is requesting that a focused environmental impact report (EIR) be prepared. Funds for the EIR are not available within the CSA No. 130 budget. An agreement for consulting services has been prepared with funding in the amount of $9,960.50 from the Youth With a Mission at Richardson Springs - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN PENDING DEPOSIT OF FUNDING WITH THE COUNTY. 16. City of Oroville - forwards resolution no. 4694 calling for a special election to fill the unexpired terms of office of the mayor and two city council members who were successfully recalled at the special municipal election held on March 31, 1992 - action requested - AUTHORIZE THE COUNTY CLERK-RECORDER TO CONDUCT AND CANVASS THE RETURNS OF THE SPECIAL MUNICIPAL ELECTION ON TUESDAY, JULY 7, 1992. 17. Transit operator training seminar costs -Board authorization is requested for reimbursement of transit operator costs up to $500 for their attendance at a"Basic Accident Investigation Training Seminar" in San Mateo County on May 26-27, 1992 - action requested - APPROVE REIMBURSEMENT FROM EXISTING APPROPRIATIONS WITHIN TRANSIT VEHICLE LIABILITY INSURANCE BUDGET. 92-194 Consent AQenda 1. Approval of minutes - action requested - APPROVE MINUTES OF APRIL 27 AND 28, 1992 AND MAY 5, 1992. 2. Adoption of a salary ordinance amendment increasing by five the number of positions of deputy sheriff in order to implement the Designated Area Deputy (DAD) Program - action requested - ADOPT ORDINANCE 3005 AND AUTHORIZE THE CHAIR TO SIGN. 3. Resolution authorizing the chief probation officer to submit the Office of Criminal Justice Planning (OCJP) grant application in the amount of $13,370 approved as part of your Board's agenda of May 5, 1992 - action requested - ADOPT RESOLUTION 92-50 AUTHORIZING THE CHIEF PROBATION OFFICER TO SUBMIT GRANT APPLICATION AND EXECUTE GRANT AWARD AGREEMENT ON BEHALF OF THE COUNTY. Page 158 May 19, 1992 92-194 May 19, 1992 4. Right of way acquisition - Lower Wyandotte Road reconstruction project, County project no. 23511- 90-1: Parcel Nos. Owner Acres 1 Evelyn Ruth Wilson 0.06 Helen Louise Wright Svatos/Lowe Norma Jean Scott 6 Mooretown Rancheria 0.17 Purchase Price Land Improvements Total $600 None $600 Donation None 0.00 action requested - APPROVE AGREEMENTS FOR ACQUISITION; AUTHORIZE CHAIR TO SIGN; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON DEMAND OF COUNTY~S ESCROW AGENT; ACCEPT DEEDS AND AUTHORIZE THE CHAIR TO SIGN CERTIFICATES OF ACCEPTANCE. 5. 1992/93 Weights and Measures agreement no. P- 569004 - proposed is an agreement to augment, improve and maintain a uniform and viable inspection program of establishments selling or distributing petroleum products. The County will be reimbursed $72 per initial inspection conducted not to exceed $7,272 for fiscal year 1992/93 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE AGRICULTURAL COMMISSIONER TO SIGN. 6. Planned Parenthood Shasta/Diablo - proposed is an agreement for the provision of laboratory services by the County's Department of Public Health commencing May 1, 1992 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL. 7. Office of Criminal Justice Planning (OCJP) - Board authorization is requested to submit a third year reapplication for the Probation and School Services (P.A.S.S.) grant which enables the initiation of positive and early intervention with at-risk youth in the amount of $25,600 - action requested - ADOPT RESOLUTION 92-51 AUTHORIZING THE CHIEF PROBATION OFFICER TO SUBMIT PROPOSAL AND EXECUTE GRANT AWARD AGREEMENT ON BEHALF OF THE COUNTY. Page 159 May 19, 1992 92-194 May 19, 1992 MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEMS 3.02, 3.03, 3.04, 3.05, 3.06, 3.07, 3.08, 3.09, 3.10, 3.12, 3.14, 3.17, 3.18, 3.21, 3.22, 3.23 AND 3.24. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) (SUPERVISOR McINTURF ABSTAINED FROM VOTING ON THE APPROVAL OF MINUTES OF APRIL 28, 1992) Reaular Actenda 92-195 Items removed from the Consent Agenda for Board consideration and action. MOTION: I MOVE THAT THE BOARD CONSIDER ITEMS PULLED FROM THE CONSENT AGENDA AFTER COMPLETION OF THE REGULAR AGENDA. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-196 Appointments - commissions and committees. a. Appointments to committee vacancies. (NONE) b. Buzztail Community Services District - action requested - MAKE APPOINTMENT. MOTION: I MOVE TO APPOINT RETTA COOPER. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-197 Introduction of Lorena Anderson, Paradise Post reporter, and Dave Wilson, Channel 12 reporter. 92-198 Introduction of William H. "Bill" Farrel, Director- Development Services, and Steven "Steve" A. Harman, Director-Personnel. (241) (INTRODUCTIONS BY CHAIR DOLAN) 92-199 Employee Suggestion Program to identify cost savings and efficiency initiatives - action requested: A. ADOPT RESOLUTION OF SUPPORT FOR AN EMPLOYEE SUGGESTION PROGRAM, IDEA EXPRESS, AND AUTHORIZE THE CHAIR TO SIGN; AND B. APPOINT TWO MEMBERS OF THE BOARD TO SERVE ON SUGGESTION EVALUATION COMMITTEE. (269) Page 160 May 19, 1992 May 19. 1992 92-199 MOTION: I MOVE TO ADOPT RESOLUTION 92-52 OF SUPPORT FOR AN EMPLOYEE SUGGESTION PROGRAM, IDEA EXPRESS, AND AUTHORIZE THE CHAIR TO SIGN; APPOINT SUPERVISORS FULTON AND McLAUGHLIN AS MEMBERS OF THE SUGGESTION EVALUATION COMMITTEE; AND TO CONSIDER INCLUDING A MEMBER OF THE COUNTY'S BUSINESS COMMUNITY ON THE COMMITTEE. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-200 State Department of Boating and Waterways Boating Safety and Enforcement Grant - action requested - APPROVE GRANT AND AUTHORIZE THE CHAIR TO SIGN THE BOATING SAFETY AND ENFORCEMENT GRANT EQUIPMENT AND OPERATION CONTRACT, AUTHORIZE PURCHASE OF FIXED ASSETS AND APPROVE BUDGET TRANSFER B-213 FOR THE NECESSARY APPROPRIATION. MOTION: I MOVE TO APPROVE THE GRANT AND AUTHORIZE THE CHAIR TO SIGN THE BOATING SAFETY AND ENFORCEMENT GRANT EQUIPMENT AND OPERATION CONTRACT, AUTHORIZE PURCHASE OF FIXED ASSETS, AND APPROVE BUDGET TRANSFER B-213 FOR THE NECESSARY APPROPRIATION. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-201 County Service Area No. 114 - action requested: A. REPORT BY CONSULTANT ON THE STATUS OF THE "STRATEGIC PLAN"; B. CONSIDERATION OF A PROPOSED CONTRACT WITH METCALF & EDDY UTILIZING COUNTY SERVICE AREA FUNDS TO PROVIDE SAMPLING, ANALYSIS AND REPORTING ON THE PRESENCE OF NITRATES IN 100-120 WELLS IN AND ADJACENT TO TIiE CHICO URBAN AREA; AND C. CONSIDERATION OF A CONTRACT UTILIZING COUNTY SERVICE AREA FUNDS TO PERFORM A SANITARY SEWER LINE CAPACITY ANALYSIS, BENEFIT ANALYSIS, AND COST ESTIMATING TO PROVIDE A BASIS FOR FURTHER DISCUSSION WITH THE REGIONAL WATER QUALITY CONTROL BOARD STAFF. (563) (NO ACTION TAKEN) MOTION: I MOVE TO APPROVE THE PROPOSED CONTRACT WITH METCALF & EDDY AS DESCRIBED SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE : 1 Y 2 Y 3 Y 4 N 5 N Page 161 (Motion Carried) May 19, 1992 May 19, 1992 92-202 Consideration of fixed asset account equipment purchases pursuant to Board policy of review on a case-by-case basis: A. Acting Chief Administrative Officer's recommendation for approval: 1. County Clerk-Recorder - hardware and software pursuant to Trial Court Funding agreement (B-225); 2. County Clerk-Recorder/South County Municipal Court - authorize lease of storage facility and acquisition of fixed assets consistent with Trial Court Coordination and Funding agreement; 3. South County Municipal Court -various computer equipment, enhancements, shelving, and FAX machine consistent with Trial Court Coordination and Funding agreement; 4. Superior Court - equipment and installation of the appropriate phone lines for the Probation Department to acquire a California Law Enforcement Tracking System (CLETS) and Department of Motor Vehicles hookup (B-210); (1435) MOTION: I MOVE TO APPROVE LEASE AGREEMENT AND AUTHORIZE TIiE CHAIR TO SIGN, AUTHORIZE THE APPROPRIATE BUDGET TRANSFERS, AND ACQUISITION OF FIXED ASSET ITEMS. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 5. Director-Libraries - appropriation of State Library Literacy Grant revenue (B-196); (2115) MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-196, AND AUTHORIZE THE ACQUISITION OF FIXED ASSET ITEMS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 6. Sheriff-Coroner - backup system for the message switching computer (MSC) (AMENDED B-160); (2138) MOTION: I MOVE TO APPROVE AMENDED BUDGET TRANSFER B- 160, AND AUTHORIZE THE ACQUISITION OF FIXED ASSET ITEMS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Page 162 May 19, 1992 May 19, 1992 92-202 7. Welfare Department - Options for Recovery Perinatal Grant Program funds - action requested - APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AUTHORIZE APPROPRIATE BUDGET TRANSFERS, AND ACQUISITION OF FIXED ASSET ITEMS. (2241) MOTION: I MOVE TO APPROVE THE APPROPRIATE BUDGET TRANSFER, AND ACQUISITION OF FIXED ASSET ITEMS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) B. Acting Chief Administrative Officer's recommendation for denial: 1. Agricultural Commissioner - expenditure of unanticipated revenue; (CONTINUED TO JUNE 9, 1992) 2. Fire Department -(a) eleven pagers for the Richvale Volunteer Fire Company; (b) air quality test kit and spare bottles for self-contained breathing apparatus for the refill station at the Durham Fire Station; (c) Hazardous Materials Team fund transfer; and (d) two King portable radios; and MOTION: I MOVE TO AUTHORIZE THE APPROPRIATE BUDGET TRANSFER, AND ACQUISITION OF FIXED ASSET ITEMS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 3. Sheriff-Coroner - three dictaphones with foot pedals for utilization by the Background Investigation Unit (B-160) - action requested - DENY ACQUISITION OF FIXED ASSET ITEMS. (2850) (NO ACTION TAKEN) RECESS: 10:34 A.M. RECONVENE: 10:48 A.M. Public Hearings and Timed Items 92-203 Public hearing - William D. Nichols - consideration of a rezone (item on which a negative declaration with mitigation measures regarding environmental impacts has been determined) from SR-1 (suburban residential - one acre parcel) to SR (suburban residential), property located on the west side of Mariqold Avenue, approximately 1,100 feet north of East Avenue, AP 048- 062-028, Chico area. (2916) Page 163 May 19, 1992 May 19, 1992 92-203 MOTION: I MOVE TO ACCEPT THE RECOMMENDATIONS OF STAFF MEMORANDUM DATED MARCH 6, 1992, AND A. FIND THAT: 1. AN INITIAL STUDY HAS BEEN COMPLETED IN COMPLIANCE WITH CEQA.; 2. SAID STUDY AND COMMENTS RECEIVED THEREON IDENTIFIED POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS THE PROJECT MAY HAVE HAD, BUT: (A) REVISIONS IN THE PROJECT PLANS OR PROPOSALS MADE BY OR AGREED TO BY THE APPLICANT WOULD AVOID SUCH EFFECTS OR MITIGATE SUCH EFFECTS TO A POINT WHERE CLEARLY NO SIGNIFICANT ENVIRONMENTAL EFFECTS WOULD OCCUR; AND (B) THERE IS NO SUBSTANTIAL EVIDENCE BEFORE THE COUNTY THAT THE PROJECT AS REVISED MAY HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT.; 3. THE PROPOSED S-R ZONING IS CONSISTENT WITH THE BUTTE COUNTY GENERAL PLAN, INCLUDING THE TEXT AND MAP, BECAUSE IT HAS BEEN REZONED TO R-1 AND IS CONSISTENT WITH THE CITY AND COUNTY PLANS.; B. ADOPT A NEGATIVE DECLARATION WITH MITIGATION MEASURES AND ADOPT ORDINANCE 3006 REZONING TO S-R THAT PROPERTY IDENTIFIED AS AP 048-062-028 (WILLIAM D. NICHOIS).; C. ADOPT RESOLUTION 92-53 APPROVING A CONDITIONAL ZONING AGREEMENT FOR AP 048-062-028 (WILLIAM D. NICHOLS) SUBJECT TO THE FOLIAWING CONDITION: l. AT THE TIME A FINAL MAP IS SUBMITTED FOR RECORDATION THAT CREATES LOT SIZES OF LESS THAN ONE ACRE, PROVISIONS FOR A PEDESTRIAN AND BICYCLE PATHWAY SHALL BE PROVIDED ALONG MARIGOLD AVENUE FROM THE SOUTHERN PROPERTY LINE TO EAST AVENUE. THIS CONDITION SHALL BE SUBJECT TO THE APPROVAL OF PUBLIC WORKS STANDARDS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 92-204 Public hearing - Michael McCollum - consideration of an appeal of the Advisory Agency's denial of a tentative parcel map (proposed negative declaration with environmental mitigations), AP 28-10-33, three parcels, property located on the west side of Fawn Court approximately 1,000 feet south of La Porte Road, Bangor area - action requested - OPEN HEARING AND CONTINUE OPEN TO JUNE 9, 1992 AT 10:45 A.M. (3050) (HEARING OPENED AND CONTINUED OPEN TO JUNE 9, 1992 AT 10:45 A.M.) Page 164 May 19, 1992 May 19, 1992 92-205 Public hearing - GDA Engineering on behalf of Feather River Homes, Inc. - consideration of an appeal of the Advisory Agency's denial of a tentative subdivision map (item for which environmental documents have not been completed), AP 30-032-02 and 30-033-01 and 02, 320 lots, property bounded on the north by Nelson Avenue, on the east by 16th Street and 18th Street, on the west by 18th Street and 20th Street, and on the south by Plumas Avenue, Thermalito area - action requested - OPEN HEARING AND CONTINUE OPEN TO JUNE 23, 1992 AT 10:15 A.M. (3080) (HEARING OPENED AND CONTINUED OPEN TO JUNE 23, 1992 AT 10:15 A.M.) 92-206 Fees for providing copies of public documents. (3128) (**oo) (SUPERVISOR HOUX NOT PRESENT; SUPERVISOR HOUX PRESENT) MOTION: I MOVE THAT STAFF CONDUCT A DETAILED ANALYSIS TO INCLUDE THE APPROPRIATENESS OF CHARGING SALES TAX, TO OBTAIN AN OPINION FROM THE ATTORNEY GENERAL'S OFFICE ON THIS, AND ALL ISSUES RELATING TO THE FEES FOR PROVIDING COPIES OF PUBLIC DOCUMENTS. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) MOTION: I MOVE THAT WE REDUCE THE FEES FOR PROVIDING COPIES OF PUBLIC DOCUMENTS TO THE PUBLIC TO $.51 FOR THE FIRST PAGE, AND $.05 FOR EACH PAGE THEREAFTER PENDING THE ANALYSIS BEING BROUGHT FORWARD. S M VOTE: 1 N 2 Y 3 N 4 Y 5 Y (Motion Carried) 92-207 Report to the Board on conversion of gate fees to a weight basis at the Neal Road Landfill. (972) (SUPERVISOR McINTURF NOT PRESENT; SUPERVISOR McINTURF PRESENT) MOTION: MOVE TO SET A PUBLIC HEARING ON THE CONVERSION OF GATE FEES TO A WEIGHT BASIS AT THE NEAL ROAD LANDFILL ON T[JESDAY, JUNE 23, 1992 AT 10:30 A.M. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 165 May 19, 1992 May 19, 1992 92-208 CLOSED SESSION: The Board recessed at 11:38 a.m. for a closed session for the purpose of actual litigation pursuant to Government Code Section 54956.9(a) (White v. County of Butte and PG&E v. County of Butte and State Board of Equalization.) (1105) RECONVENE: The Board reconvened at 11:52 a.m. following a closed session for the purpose of actual litigation pursuant to Government Code Section 54956.9(a) (White v. County of Butte and PG&E v. County of Butte and State Board of Equalization.) (NO ANNOUNCEMENTS) Regular Agenda 92-209 Items removed from the Consent Agenda for Board consideration and action. 1. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-203 (DEVELOPMENT SERVICES), B-204 (COMMUNICATIONS), B-211 (SUPERIOR COURT), B-212 (SUPERIOR COURT), B-214 (DISTRICT ATTORNEY/CRIMINAL), B-215 (PERSONNEL), B-216 (BOARD OF SUPERVISORS), B-217 (PUBLIC WORKS/YARDS AND STORES), B-218 (MENTAL HEALTH/GENERAL SERVICES), B- 219 (WELFARE/ADMINISTRATION), B-220 (NORTH COUNTY MUNICIPAL COURT), B-221 (AIR POLLUTION CONTROL), B-223 (SOUTH COUNTY MUNICIPAL COURT), B-224 (COUNTY CLERK), B-226 (LIBRARIES), B-229 (SHERIFF/INCARCERATION), AND B-231 (BUILDINGS AND GROUNDS). (1139) MOTION: I MOVE TO APPROVE THE BUDGET TRANSFERS WITH BUDGET TRANSFER B-212 (SUPERIOR COURT) PULLED. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-212 (SUPERIOR COURT). S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Page 166 May 19, 1992 i- --. May 19, 1992 92-209 2. County Library donations - in accordance with Government Code Section 25355, donations of $5,000 from Friends of the Library, Oroville, donations totaling $3,492.95 from Chico Friends of the Library, and $300 from Fraternal Order of Eagles, Paradise have been received for the Butte County Library Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. (1250) MOTION: I MOVE TO ACCEPT DONATZONS AND AUTHORIZE LETTERS OF APPRECIATION. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 3. Private Industry Council - action requested - APPOINT C. GARY OTT (OROVILLE BUSINESS REPRESENTATIVE) TO SERVE UNTIL JUNE 14, 1994. (1350) MOTION: I MOVE TO APPOINT C. GARY OTT (OROVILLE BUSINESS REPRESENTATIVE) TO SERVE UNTIL JUNE 14, 1994. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 4. County of Butte/City of Chico - proposed is a quitclaim deed transferring a drainage easement from the County of Butte to the City of Chico. The County's Public Works Department is in agreement with the proposed action - action requested - APPROVE QUITCLAIM DEED AND AUTHORIZE THE CHAIR TO SIGN. (1394) MOTION: I MOVE TO APPROVE THE QUITCLAIM DEED AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 5. Robert Walborn and Rita Walborn, c/o Sacramento - file a claim for indemnity in an unspecified amount for alleged injuries and damages sustained as a result of a motor vehicle accident on Oro-Bangor Highway approximately six-tenths (0.6) of a mile south of Swedes Flat Road on or about April 22, 1991 - action requested - REJECT CLAIM FOR INDEMNIFICATION AND REFER TO COUNTY COUNSEL AND RISK MANAGER. (1470) MOTION: I MOVE TO REJECT THE CLAIM FOR INDEMNIFICATION AND REFER TO COUNTY COUNSEL AND RISK MANAGER. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Page 167 May 19, 1992 May 19, 1992 92-209 6. Adoption staffing positions assistant positions requested TO SIGN. of a salary ordinance amendment flexibly three engineering technician II, I to one position of civil engineering - or engineering technician II, and two of engineering technician II - action - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR (1544) MOTION: I MOVE TO ADOPT ORDINANCE 3007 CORRECTED TO REFLECT "TWO POSITIONS OF ENGINEERING TECHIdICIAN II, ~" AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 7. Adoption of a salary ordinance amendment deleting classification titles of occupational therapist assistant and physical therapist assistant and adding the classification title of occupational/physical therapist assistant, correcting administrative errors in the Management, Confidential and Supervisory Unit classifications, and adding a flat rate assignment classification of administrative aide at $4.25/hour - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (1725) MOTION: I MOVE TO ADOPT ORDINANCE 3008 AND AUTH~RIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 8. Adoption of a salary ordinance amendment increasing from one-half time to full time one office assistant II position in the Planning Department on a temporary basis due to a clerical employee's maternity leave. The one half time clerical position will not be filled during the length of the leave of absence thus resulting in cost savings for the department - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (2382) MOTION: I MOVE TO ADOPT ORDINANCE 3009 AND AUTHORZZE THE CHAIR TO 5IGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 9. Adoption of an ordinance amending Chapters 26 (Buildings), 26B (Mechanical Code), and 28 (Plumbing) of the Butte County Code to adopt and incorporate code amendments of 1991 effective July 1, 1992 - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (2467) Page 168 May 19, 1992 May 19, 1992 92-209 (SUPERVISOR FULTON NOT PRESENT) MOTION: I MOVE TO ADOPT ORDINANCE 3010 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 NP (Unanimously Carried) (SUPERVISOR FULTON PRESENT) 10. Employees with life threatening illnesses policy - action requested - ADOPT RESOLUTION CREATING SECTION 4.7 OF THE BUTTE COUNTY PERSONNEL RULES ADDING THE EMPLOYEES WITH LIFE THREATENING ILLNESSES POLICY FOR ALL EMPLOYEES AND REPRESENTATION UNITS OTHER THAN THE GENERAL UNIT AND AUTHORIZE THE CHAIR TO SIGN. (2595) MOTION: I MOVE TO ADOPT AMENDED RESOLUTION 92-54 CREATING SECTION 4.7 OF THE BUTTE COUNTY PERSONNEL RULES ADDING THE EMPLOYEES WITH LIFE THREATENING ILLNESSES POLICY FOR ALL EMPLOYEES AND REPRESENTATION UNITS. (THE AMENDED RESOLUTION REFLECTS THAT THE GENERAL UNIT IS INCLUDED IN THE POLICY.) M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) il. Resolution adding application fees of $580 for administrative permits as approved as part of your Board's agenda of May 5, 1992 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (2736) MOTION: I MOVE TO ADOPT RESOLUTION 92-55 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 12. Agreement regarding development of Rocky Bluffs Subdivision and County Service Area No. 21 facilities - the proposed agreement would: (1) resolve legal questions regarding the use of a County easement for construction of facilities within the CSA 21 sewage disposal areas; and (2) provide a method and approximately 50 percent of the financing for replacement of existing sewage disposal ponds, if necessary. (The balance of the costs would be borne by CSA 21, and assessed to property owners in zone 1 thereof.) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (3208) (***00) Page 169 May 19, 1992 92-209 May 19, 1992 MOTION: I 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) 13. Duerr Evaluation Resources - proposed is an agreement for the initiation of a process to standardize intake and assessment forms used by public and private health and human service providers for the period February 28, 1992 through June 30, 1992 in the maximum amount of $12,868.08 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (101) MOTION: I MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 14. 1992/93 State Department of Youth Authority contract no. 92-054 - proposed is a contract to implement Sections 704 and 1731.6 of the Welfare and Institutions Code for case referrals to the Youth Authority from the juvenile or criminal courts for diagnostic and treatment services, and temporary detention in the maximum amount of $3,480 per month - action requested - ADOPT RESOLUTION AUTHORIZING THE CHIEF PROBATION OFFICER TO SIGN AGREEMENT ON BEHALF OF THE COUNTY. (253) VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) MOTION: I MOVE TO ADOPT RESOLUTION 92-56 AUTHORIZING THE CHIEF PROBATION OFFICER TO SIGN THE AGREEMENT ON BEHALF OF THE COUNTY. M S 15. Eco-Analysts - as part of the planning phase of the Richardson Springs Small Community Grant No. 250 Project, the State Water Resources Control Board is requesting that a focused environmental impact report (EIR) be prepared. Funds for the EIR are not available within the CSA No. 130 budget. An agreement for consulting services has been prepared with funding in the amount of $9,960.50 from the Youth With a Mission at Richardson Springs - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN PENDING DEPOSIT OF FUNDING WITH THE COUNTY. (346j MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN PENDING DEPOSIT OF FUNDING WITH THE COUNTY. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Page 170 May 19, 1992 May 19, 1992 92-209 16. City of Oroville - forwards resolution no. 4694 calling for a special election to fill the unexpired terms of office of the mayor and two city council members who were successfully recalled at the special municipal election held on March 31, 1992 - action requested - AUTHORIZE THE COUNTY CLERK-RECORDER TO CONDUCT AND CANVASS THE RETURNS OF THE SPECIAL MUNICIPAL ELECTION ON TUESDAY, JULY 7, 1992. (386) MOTION: I MOVE TO AUTHORIZE THE COUNTY CLERK-RECORDER TO CONDUCT AND CANVASS THE RETURNS OF THE SPECIAL MUNICIPAL ELECTZON ON TUESDAY, JULY 7, 1992. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 17. Transit operator training seminar costs -Board authorization is requested for reimbursement of transit operator costs up to $500 for their attendance at a"Basic Accident Investigation Training Seminar" in San Mateo County on May 26-27, 1992 - action requested - APPROVE REIMBURSEMENT FROM EXISTING APPROPRIATIONS WITHIN TRANSIT VEHICLE LIABILITY INSURANCE BUDGET. (398) MOTION: I MOVE TO APPROVE REIMBURSEMENT FROM EXISTING APPROPRIATIONS WITHIN THE TRANSIT VEHICLE LIABILITY INSURANCE BUDGET IN THE MAXIMUM AMOUNT OF $500 FOR THE ATTENDANCE OF UP TO FOUR TRANSIT OPERATORS AT THE "BASIC ACCIDENT INVESTIGATION TRAINING SEMINAR". S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-210 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.) (475) 1. Charles Cruthers -(1) the availability of public records from 8:00 a.m. to 5:00 p.m.; (2) requests that the Board address the issue of Planning Commission tapes being destroyed after approval of minutes of ineetings; and (3) questions the Auditor-Controller's cost accounting for the furnishing of copies of public documents. 2. Harold Galliett, Jr., Oroville representing Citizens for Responsible Land Use - requests the Board to make changes to the Board's land use policy - Palermo-Honcut area zoning does not conform to the County's General Plan. Page 171 May 19, 1992 May 19. 1992 92-210 3. Supervisor McLaughlin for Tom Guarino, Chico Chamber of Commerce - update on County of Butte display at the State Capitol. 4. Aaron Roberts, Oroville - not present; his request to address the Board referred to Director-Public Works. 5. Jerry Holcomb, Oroville - wants back-up information available for every Board consent agenda item. 92-211 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) a. Josephine R. Terry, Director-Libraries - submits her resignation as County Librarian effective at the close of business July 31, 1992 - action requested - REFER TO ACTING CHIEF ADMINISTRATIVE OFFICER AND DIRECTOR-PERSONNEL. b. Barbara A. Evans, City Clerk, City of Chico - forwards ordinances nos. 1900, 1901 and 1902 adopted by the City Council on May 5, 1992 approving the merger of amended 5outheast Chico, Chico Municipal Airport and Central Chico Redevelopment Projects Areas - action requested - REFER TO ACTING CHIEF ADMINISTRATIVE OFFICER AND COUNTY COUNSEL. c. Jane Dolan, Chair, Board of Supervisors and Mike McGinnis, member, Chico City Council and RDA - forward a preliminary outline as a starting point for a discussion on the terms of a formal city- county cooperative agreement for the proposed Chico Urban Area Redevelopment Project - action requested - REFER TO ACTING CHIEF ADMINISTRATIVE OFFICER AND COUNTY COUNSEL. d. The Honorable Mike Thompson, Senator, 4th District - forwards a copy of "California's Jobs and Futures" for review and a request for comments to the report, together with a summary of all current workers' compensation reform bills currently before the legislature - action requested - REFER TO ACTING CHIEF ADMINISTRATIVE OFFICER AND RISK MANAGER. e. Darrell Kister, Oroville - submits an agenda request for blacktop of approximately one half mile of gravel road (Power House Hill Road) - action requested - REFER TO DIRECTOR-PUBLIC WORKS FOR REPORT AND RECOMMENDATION. Page 172 May 19, 1992 --. May 19, 1992 92-211 f. Thomas R. Wrinkle, Sierra West Surveying - requests the return of all unused funds for the Borba General Plan Amendment and rezone application which was formally withdrawn on January 22, 1992 - action requested - REFER TO DIRECTOR-DEVELOPMENT SERVICES AND COUNTY COUNSEL. 92-212 CLOSED SESSION: The Baard recessed at 1:22 p.m. for the purpose of a closed session on a personnel matter. (859) (SUPERVISOR MCINTURF NOT PRESENT) RECONVENE: The Board reconvened at 1:50 p.m. following a closed session for the purpose of a personnel matter. (NO ANNOUNCEMENTS) ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 1:50 p.m. to reconvene at 9:00 a.m. on Tuesday, June 9, 1992. J Bo ATTEST: STARLYN BROWN, Aating Ch andj ~lerk of the~ard, BY= , _r~ ~ ~;a c~ ~ ~ OLAI~; Chair of Supervisors ef Administrative Officer Page 173 May 19, 1992