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HomeMy WebLinkAboutM071988-. - \ July 79, 1988 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Fulton, McLaughlin, Vercruse and Chairman McInturf. Martin J. Nichols, chief administrative officer; Susan Roff, county counsel; and Lauretta Munster, assistant clerk of the Board. Absent: Supervisor Dolan. Pledge of allegiance to the FTag of the United States of America. 88-398 Items removed from the Consent Agenda for Board consideration and action. 1. Jan L. Warnshuis, attorney-at-law, on behalf of Ben Pruitt, submits a claim in the amount of $8,850 for damages sustained on or about July 15, 1987 involving the taking of equipment - action requested - REJECT CLAIP~ AND REFER TO COUNTY COUNSEL AND RISK MANAGEMEfJT. 2. Investments information report - the Treasurer--Tax Collector submits the June 30, 1988 report in accordance with RB 1073 and the County's investment policy - action requested - ACCEPT FOR INFORP1ATION. 3. Salary ordinance amendment - the ordinance implements a restructuring of the administrative division of the 1Jelfare Department with no additional county cost - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. Consent Agenda 88-399 7. Fire Department donation - the Palermo Volunteer Fire Company has donated $1,176 to the volunteer fire department budget for the purpose of acquiring a Midland mobile radio for use on water tender 72 - action requested - ACCEPT DONATION, AUTHORIZE LETTER OF APPRECIATION, AND APPROVE PURCHASE OF FIXED ASSET ITEM. 2. 1987-88 Final Report of the Butte County Grand Jury - action requested - DIRECT THE CHIEF ADMINISTRATIVE OFFICER TO SECURE COMMENTS FROM APPROPRIATE COUNTY OPERATIPdG DEPARTMENTS. Page 210 July 19, 1988 _ J u 1 _ , , 1988 '~- ~3. Resolution in appreciation of Kenton "Ken" Goodhue - action requested - ADOPT RESOLUTION N0. 88--110 AND AUTHORIZE THE CHAIRMAN TO SIGN. 4. Contract Change Order No. 1 - Oroville - Quincy Highway reconstruc- tion, Project No. 27503-87-7 - CCO #1 in the increasing amount of $18,200.32 provides far the final adjustment in contract items at contract prices, extra work for the removal and disposal of concrete and the reduction of contract price far contract item 12. 24" C.M.P. - action requested - APPROVE CHANGE ORDER AND AUTHORIZE THE CHAIRMAN TO SIGN. 5. !Notice of completion - Oroville-Quincy Highway reconstruction, Project No. 27503-87-1 - all work on the project has been completed in accordance with the plans and specifications - action requested - ACCEPT PROJECT AS COMPLETE, AUTHORIZE THE CHAIRMAN TO SIGN, AND AUTHORIZE THE FILING OF THE NOTICE OF COMPLETION. 6. Contract Change Order No. 2 - Ophir Road extension, Project No. 21461-84-1 - CCO #2 in the increasing amount of $1,600 provides reimbursement to the contractor for approved trainees participating in the equal opportunity affirmative action training program, in accordance with federal requirements - action requested - APPROVE CHANGE ORDER AND AUTHORIZE THE CHAIRMAN TO SIGN. 7. Amendment 9 - Catalyst Women's Advocates agreement - the amendment extends the agreement through June 30, 1989 and updates the insurance requirements to county standards - action requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 8. Blakely Swartz fee agreement - an agreement has been prepared that provides for planning services for a General Plan Amendment pursuant to Public Resources Code Section 21151.6 - action requested - APPROVE TtiE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 9. Community Living Centers, dba Creekside - the agreement provides for supplemental board and care services to clients of the Mental Health Department covering the period July 1, 1988 through August 31, 1988 in the maximum amount of $7,744 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. 10. Community Living Centers, dba Creekside - the agreement provides for socialization services to clients of the Mental Health Department covering the period July 1, 1988 through August 31, 1988 in the maximum amount of $20,679 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 71. Report from Butte County Water Commission concerning sharing costs of water resource specialist with Yolo and Plumas Counties - action requested - ACCEPT REPORT. Page 211 July 19, 1988 July 19, 1988 12. Report from Butte County Water Commission concerning request from Del Oro Water Company and Lime 5add7e Services District for SWP entitlement water - action requested - ACCEPT REPORT AND DELAY DISCUSSION ON HOW TO PAY FOR THESE REQUESTS UNTIL THE COUNTY HAS CONCLUDED NEGOTIATIONS WITH THE STATE CONCERNING EXTENSION OF TIME TO PAY FOR THE COUNTY'S MAXIMUM S6JP ENTITLEMENT. MOTION: MOVE TO APPROVE CONSENT AGENDA WITH REMOVAL OF ITEMS 3.02, 3.03, and 3.05. M S VOTE: l Y 2 A 3 Y 4 Y 5 Y {Motion carried} Regular Agenda_ 88-400 Items removed from the Consent Rgenda for Board consideration and action. 1. Jan L. Warnshuis, attorney-at-law - on behalf of Ben Pruitt, submits a claim in the amount of $8,850 for damages sustained on or about July 15, 1987 involving the taking of equipment - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. MOTION: MOVE TO APPROVE REJECTION OF CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. S M VOTE: l Y 2 A 3 Y 4 Y 5 Y (h~otion carried} 2. Investments information report - the Treasurer-Tax Collector submits the June 30, 1988 report in accordance with AB 1073 and the County's investment policy - action requested -- ACCEPT FOR INFORMATION. MOTION: MOVE TO ACCEPT FOR INFORMATION. S M VOTE: 7 Y 2 A 3 Y 4 Y 5 Y (Motion carried} 3. Salary ordinance amendment - the ordinance implements a restructuring of the administrative division of the Welfare Department with no additional county cost - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. MOTION: MOVE TO WAIVE THE FIRST READING OF THE ORDINANCE. M S VOTE: l Y 2 A 3 Y 4 Y 5 Y {Motion carried) Page 212 July 79, 1988 July 19, 1988 CHAIRP'~AN McINTURF ANNOUNCED THAT SUPERVISOR DOLAN I5 A DELEGATE TO THE DEMOCRATIC NATIONAL CONVENTION IN ATLANTA, GA. AND WILL BE ABSENT TODAY. 88-401 Appointments - commissions and committees. a. Appointment to Grading Ordinance Review Committee MOTION: MOVE TO APPOINT DON HEFERON A5 THE REPRESENTATIVE OF DISTRICT 4. M S VOTE: T Y 2 A 3 Y 4 Y 5 Y (Motion carried) 88-402 Presentation of an Award of Appreciation to Lynn Vanhart. A PLAQUE IN APPRECIATION FOR 372 YEARS OF SERVICE TO THE CITIZENS OF BUTTE COUNTY, INCLUDING 10 YEARS AS DIRECTOR OF ENVIRONMENTAL HEALTH WAS PRESENTED. 88-403 Discussion of Butte County Water Commission's recommendation to join the State Water Contractor's Association and to have county staff attend meetings on a regular basis. MOTION: MOVE THAT tdE NOT JOIN THE STATE WATER CONTRACTOR'S ASSOCIATION, BUT THAT WE RESPOND TO THE COMMISSION'S REQUEST TO REIMBURSE ONE MEMBER OF THE COMMISSION FOR EXPENSES TO ATTEND THE MEETINGS. S M VOTE: l Y 2 A 3 Y 4 Y 5 Y (Motion carried} 88--404 Carkey Powell - Site P7 an Review to a71 ow s i x dwe 11 i ng units an property zoned C-C located an the west side of Lakeridge Circle, approximately 1300 feet from its southerly intersection with the Skyway, identified as AP 66-33-24, Paradise {File $8-35). MOTION: IN TERMS OF THE TRAFFIC GENERATION, THE WIDTH OF THE SKYWAY, RND THE NECESSITY FOR US TO DO SOMETHING ABOUT SKYWAY, I MOVE TO DENY THIS PARTICULAR PROJECT. S M VOTE: T Y 2 A 3 Y 4 Y 5 Y {Motion carried} 88-405 Amendment to the circulation element of the Butte County General P7 an to a7Tow for the extension of West 8th Avenue from Highway 32 to West Sacramento Avenue - action requested - INITIATE A GENERAL PLAN AMENDMENT. MOTION: MOVE TO INITIATE THE GENERAL PLAN AMENDMENT TO THE CIRCULATION ELEMENT TO ALLOW FOR THE EXTENSION OF WEST 8TH AUENUE FROM HIGHWAY 32 TO WEST SACRAMENTO AVENUE. M s VOTE: l Y 2 A 3 Y 4 Y 5 Y {Motion carried) Page 213 July 19, 1988 Ju. .~, 1988 8$-406 Consideration of administrative review of regular and extra-help positions, and restrictions to overtime and fixed asset expenditures. (FROM 7/T2/88) h10TI0N: Adopt the policy suggested in the Administrative Officer's memo as amended: A. Further reductions in extra help appropriations as part of the final budget review. During your budget hearings your Board can ask each of the departments for justification for their extra help budget proposals, The Board has the option of making reductions in these amounts. This proposal would achieve desired savings at the same time leave our departmental managers with the flexibility to manage within the limits imposed by the Board of Supervisors. A7 so develop historical data. B. Set overall ex enditure tar ets far the de artments. As part of the final budget, the Board could direct department managers to live within a certain percentage of their net county costs in the final county budget. For example, you may direct all departments to only spend 95 percent of their final budgeted net county cost appropriations. Under such policy you wou]d eliminate administrative review for vacant regular positions and not impose an administrative review on overtime and extra help and give your department managers the maximum flexibility to live within the target numbers you have established. C. Restrict transfers from salaries and benefits to other accounts. It has been my policy to give department heads some flexibility in living within their final budget appropriations. We have allowed department heads to move money out of salaries and benefits savings to cover deficits in other operating accounts, as well as authorize them to utilize these savings to acquire needed one-time expenditure items such as replacement of worn-out equipment. Your Board may want to consider some restrictions on the use of salary savings to cover other items. Such a system could involve limits on utilizing salary savings until department heads can demonstrate they are living within the expenditure limits imposed by the Board, including any meeting budget target figures as discussed in {b) above. VOTE: l Y 2 A 3 Y 4 Y RECESS: 17:20 a.m. RECONVENE: 17:40 a.m. Page 27 4 Pi 5 Y {Motion carried} July 19, 1988 Ju'i, - „ 1988 PUBLIC HEARINGS RND TIMED ITEMS 88-407 Public hearing - Sierra West Surveying on behalf of Rick Brown, appeals the Advisory Agency's denial of tentative parcel map (proposed negative declaration with environmental mitigations regarding environmental impact); AP 64-62-39, three parcels, property located on the west side of Nimshew Road and bordered on the west and south by Paschal Way, Paradise Pines area. MOTION: Motion of intent to approve project based on fact that it preceded Board's recognition of the Upper Ridge traffic problem of January 5, T988 and also request Public Works and County Counsel to put together an agreement that any proposed mitigation measure that they eventually adopt-would be shared in to address traffic impacts an the Upper Ridge. S M VOTE: l Y 2 A 3 Y 4 Y 5 Y (Motion carried} 88-408 Public hearing - Sierra West Surveying on behalf of Marie Lee, appeals the Advisory Agency's denial of tentative parcel reap, AP 65-08-23, three parcels, property located on the northwest corner of Shawnee Lane and Skyway, DeSabla area. MOTION: Motion of intent to approve project based on fact it preceded Board's recognition of the Upper Ridge traffic problem of January 5, 1988 and also request Public Works and County Counsel to put together an agreement that any proposed mitigation measure that they eventually adopt would be shared in to address traffic impacts on the upper Ridge. S P9 VOTE: l Y 2 A 3 Y 4 Y 5 Y (Motion carried) 88-409 Public hearing - Paul Hendricks, on behalf of Chico Unified School District, appeals the Planning Commission's denial of a use permit to allow a public use {an elementary school for 500 students) on property zoned AR-5 (Agricultural - Residential, five acre parcels) {proposed negative declaration regarding environmental impact with mitigation measures has been recommended), property located on the southwest corner of Highway 32 and Schott Road, identified as AP 63-2T-15, 76, 18, Forest Ranch. MOTION: t90VE TO MAKE A MOTION OF INTENT TO APPROVE, WITH FINDINGS LATER, RND STAFF TO BRING BRCK FINAL MOTION AS SOON AS POSSIBLE. IN ADDITION, COUNTY TO BE PROVIDED SOME TYPE OF PROTECTION FROM ANY RDDED RESPONSIBILITY THAT GOES ALONG WITH THE PROJECT SHOULD CROSSING GUARDS BE NEEDED IN THE FUTURE. CROSSING GUARDS WILL BE THE SCHOOL'S RESPONSIBILITY AND THEY WILL PROVIDE TH£ FUNDING. M S VOTE: l Y 2 A 3 Y 4 Y 5 Y {Motion carried) ~~ge 215 July 19, 1988 ~-- Ju, ~, 1988 88-410 CONSIDERATION OF STREET IMPROVEMENT FEES FOR THE CHICO URBAN AREA. (Supervisor Vercruse} (From 7/12/88) (ITEM TO BE CONTINUED TO JULY 26, 19$8 AGENDA.} RECESS: 12:30 p.m. RECONVENE: 2:15 p.m. 88-411 Public hearing - GDA Engineering, on behalf of Wheeler Orchards, appeals the Planning Commission's approval of a use permit to allow the segre ation of an one acre agricultural home site on property zoned A-5 ~Agricu1tural, five acre parcels) (proposed negative declaration regarding environmental impact has been recommended), property located on the south side of Sheldon Avenue, 600 + feet west of Larkin Road, identified as AP 024-08-0-050, Gridley. COUNSEL TO REPORT TO BOARD ON SUGGESTED SOLUTIONS TO THE PROBLEM. CONTINUE HEARING OPEN TO T1 A.M., AUGUST 2, 1988. Regular Agenda 88-412 Report from Chief Administrative Officer on legislation to authorize a special sales tax far criminal justice system services - action requested - CONSIDER REQUESTING SIMILAR LEGISLATION FOR BUTTE COUNTY. MOTION: AUTHORIZE CHIEF ADMINISTRATIVE OFFICER AND WAGERMAN ASSOCIATES TO SEEK AN AMENDMENT TO THE GARAMENDI BILL SO THAT BUTTE COUNTY CAN BE CONSIDERED IN THE LEGISLATION. M S VOTE: T Y 2 A 3 Y 4 Y 5 Y (Motion carried} Communications 88-413 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.} a. State Department of Water Resources - submits the State of Charges for State Water Project for calendar year 19$9 in the amount of $21,275. (INFORMATION ONLY - REFERRED TO AUDITOR) Page 216 July T9, 1988 Jul 19, 1988 88-474 CLOSED SESSION: The Board recessed at 2:20 p.m. for the purpose of a meet and confer matter. 88-415 RECONVENE: The Board reconvened as the Butte County Air Quality Management District at 2:40 p.m. following a closed session concerning meet and confer. {NO ANNOUNCEMENTS) Rir Pollution Control District 88-416 Closed session. The Board recessed at 2:45 p.m. for a closed session concerning personnel. 88-417 RECONVENE: The Board reconvened at 2:55 p.m. from a closed session dealing with a matter of personnel. 88-418 Approval of minutes - action requested - APPROVE MINUTES OF JUNE 28, 1988. MOTION: APPROVE MINUTES OE JUNE 2$, 1988. M S VOTE: l Y 2 A 3 Y 4 Y 5 Y {Motion carried) 88-419 Appointment of Air Pollution Control Officer. MOTION: MOVE TO APPOINT JEFF MOTT AIR POLLUTION CONTROL OFFICER WITH THE FOLLOWING BOARD OF SUPERVISORS' GOALS: 1. Develop and implement field policies and procedures regarding agricultural burning under the direction of the Agricultural Commissioner. 2. Establish and maintain a program of frequent personal contact with Butte County growers, agricultural interests, concerned industry, and neighboring air pollution enforcement agencies. 3. Advise the Board and the Administrative office of areas of potential controversy at the earliest indication. Attempt to resolve controversy at the department level. M S VOTE: l Y 2 A 3 Y 4 Y 5 Y (Motion carried) 88-420 ADJOURNMENT: The Butte County Air Quality Management District adjourned 2:50 p.m. 88-42i RECONVENE: The Board reconvened as the Butte County Board of Supervisors. Page 277 July 79, 1988 July 19, 1988 88-422 Public comment. (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STRTE LAW FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON THE AGENDA.) (NONE} 88-423 CLOSED SESSION: The Board recessed at 2:55 p.m. for a closed session for a meet and confer item and existing litigation regarding the Durham Cemetery. RECONVENE: The Board reconvened at 3:45 p.m. fallowing a closed session for the purpose of personnel and litigation. (NO ANNOUNCEMENTS) ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 3:46 p.m. to reconvene on Tuesday, July 26, 1985 at 9:00 a.m. Chairman, Board of Sup¢~Gisors ATTEST: MARTIN J. NICHOLS, Chief Administrative Offic r and Clerk o the Board BY: a ~ Page 278 July 19, 1988