HomeMy WebLinkAboutM082890.._~%,
August 28, 1990
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive,
Oroville. Supervisors Dolan, Fulton, McInturf and
Chairman McLaughlin present. Supervisor Vercruse not
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 A enda
90-369 1. Caunty library donations - in accordance with
Government Code Section 25355, two donations
totaling $3,865 from Chico Friends of the Library
have been received for the Butte County trust fund
for the purchase of books - action requested -
ACCEPT DONATIONS AND AUTHORIZE A LETTER OF
APPRECIATION.
2. Reorganization/annexation to Caunty Service Area No.
120 (Donalson/Deromedi) -the Local Agency Formation
C o m m i s s i o n h a s a p p r o v e d t h e
reorganization/annexation of County service Area No.
120 (Donalson/Deromedi) to provide streetlighting
and storm drainage maintenance pursuant to
Government Code Section 25210.14 - action
requested - ADOPT RESOLUTION 90~-125 AND AUTHORIZE
THE CHAIRMAN TO SIGN.
Page 262
August 28, 1990
Auc(ust 28 , 1990
90-369
3. Reorganization/annexation to County Service No. 126
(JBR Estates} - the Local Agency Formation
C o m m i s s i o n h a s a p p r o v e d t h e
reorganization/annexation of County Service Area No.
126 (JBR Estates) to provide streetlighting and
storm drainage maintenance pursuant to Government
Code Section 25210.14 _ action requested - ADOPT
RESOLUTION 90-126 AND AUTHORIZE THE CHAIRMAN TO
SIGN.
4. Formation of County Service Area No. 135
(Guntren/Oden) - the Local Agency Formation
Commission has approved the formation of County
Service Area No. 135 (Guntren/Oden) to provide
streetlighting and storm drainage maintenance
pursuant to Government Code Section 25210.14 -
action requested - ADOPT RESOLUTION 90-127 AND
AUTHORIZE THE CHAIRMAN TO SIGN.
5. Formation of County Service Area No. 136 (Webb
Homes} - the Local Agency Formation Commission has
approved the formation of County Service Area No.
136 (Webb Homes) to provide streetlighting and storm
drainage maintenance pursuant to Government Code
Section 252310.14 - action requested - ADOPT
RESOLUTION 90-128 AND AUTHORIZE THE CHAIRMAN TO
SIGN.
6. Adoption of tax rates - State law requires the Board
to adopt various ad valorem tax rates not later than
September 1 of each year - action requested - ADOPT
RESOLUTION 90-129 FIXING TAX RATES IN THE COUNTY OF
BUTTE FOR FISCAL YEAR 1990/91.
7. 1990/91 transit claim - pursuant to the
Transportation Development Act, the Public Works
Director has prepared a claim for SB 325 funds far
road and bridge maintenance and construction, and
for public transportation projects as included in
the 1990/91 County budget - action requested -
APPROVE FISCAL YEAR 1990/91 PROJECT FUNDING CLAIM
AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN
THE CLAIM.
Page 263
August 28, 1990
August 28. 1990
90-369 8. Right-of-way acquisition - notice of intention to
adopt resolution of necessity to acquire certain
real property or interest in real property by
eminent domain (Code of Civil Procedures Section
1245.235) - Foothill Boulevard reconstruction
project, County project no. 21574-89-1:
Parcel No. Owner Acres
3 Mr, & Mrs. Bart Gray 1.89
action requested - APPROVE NOTICE OF INTENTION TO
ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN
REAL PROPERTY OR INTEREST IN REAL PROPERTY BY
EMINENT DOMAIN (CODE OF CIVIL PROCEDURE, SECTION
1234.235) AND AUTHORIZE THE CHAIRMAN TO SIGN.
9. Contract change order no. 1 - Foothill Boulevard
reconstruction County project no. 21571-89-1
contract change order no. 1 in the increasing amount
of $14,960 provides for the removal of unsuitable
material and installation of permeable drain. Funds
are available in the project construction budget -
action requested - APPROVE CONTRACT CHANGE ORDER NO.
1 AND AUTHORIZE THE CHAIRMAN TO SIGN.
10. Contract change order nos. 1 and 2 - Cohasset Road
reconstruction project FAS-RS-Y765(1) CRP-L089(211),
County project no. 61201-87-1 - contract change
order no. 1 in the increasing amount of $8,295
provides for revising the roadway alignment.
Contract change order no. 2 in the increasing amount
of $25,000 provides for revising the vertical grade
and increasing the roadway excavation. Funds are
available in the project construction budget -
action requested - APPROVE CONTRACT CHANGE ORDERS
NOS. 1 AND 2 AND AUTHORIZE THE CHAIRMAN TO SIGN.
11. Federal excess property vehicle -Fire Department -
Board authorization is requested to accept the
transfer of a 1975 International one ton truck,
license no. E491185, serial no. 4H2AODHB59142, which
will be assigned to Station 61 (Berry Creek) to
replace an older County owned rescue squad vehicle -
action requested -ADOPT RESOLUTION 90-130 ACCEPTING
THE VEHICLE TRANSFER AND AUTHORIZE THE CHAIRMAN TO
SIGN.
Page 264
August 28, 1990
August 28, 1990
90-3&9 12. Salary ordinance amendment - Administration
Department - proposed is an ordinance flexibly
staffing a secretary II position to secretary
II/administrative services assistant due to the
difficulty in recruiting candidates who possess
shorthand skills. Both classifications are at
salary range 29 - action requested - WAIVE THE
SECOND READING AND ADOPT ORDINANCE 2855.
13. Salary ordinance implementing Welfare Department
classification study - a salary ordinance amendment
has been prepared implementing the class study for
the Management, Confidential, and Supervisory Unit
only. The County negotiators and the employee
organization have agreed upon the salary ordinance
and the additional five positions are represented
in the proposed budget for 1990/91 - action
requested - WAIVE THE SECOND READING AND ADOPT
ORDINANCE 2856.
14. Salary ordinance amendment - Farm Advisor -
proposed is an ordinance flexibly staffing a
secretary I position to secretary T/principal clerk
due to the difficulty in recruiting candidates who
possess shorthand skills - action requested - WAIVE
THE FIRST READING OF THE ORDINANCE,
15, Butte County Justice System Subvention Program
(AB90) - a revised application and resolution has
been prepared reflecting an appropriation of
$202,974 rather than $398,2fi7 to be appropriated to
salaries and benefits in the Probation Department -
action requested - ADOPT RESOLUTION 90-131 AND
AUTHDRIZE THE CHAIRMAN TO SIGN,
16. Emergency Management Assistance Program - signature
authorization - a farm of resolution has been
prepared authorizing William H. Randolph, Chief
Administrative Officer and Mike Pyeatt, General
Services Administrator to sign applications and
documents for the purpose of obtaining financial
assistance under the Federal Civil Defense Act of
1950, as amended - action requested - ADOPT
RESOLUTION 90-132 AND AUTHORIZE THE CHAIRMAN TO
SIGN.
Page 2&5
August 28, 1990
August, ,,. 2,Li, ,,..-1_99 0
90-369 17. Maternal, Child and Adolescent Health agreement
no. 90-10381 - proposed is an agreement with the
State Department of Health Services to provide 100
percent funds to cover the cost of selected services
directed toward low-income mothers and children
far the period July 1, 1990 through June 30,
1991 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIRMAN TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND AUDITOR-CONTROLLER.
18. Step advancement - assistant clerk to the Board I -
Board authorization is requested for advancement
from step 2 to step 4 of the salary range - action
requested - AUTHORIZE ADVANCEMENT TO STEP 4.
19. Butte Meadows Operation and Maintenance Grant - an
agreement for project no. OR-0211 has been prepared
with the State Department of Parks and Recreation
covering the purchase of a sna-cat ($86,000} and
snow removal ($11,000) as part of an approved off-
highway motor vehicle recreation grant. A required
25 percent match will be provided by the Butte
Meadows Hillsliders Snowmobile Club. The agreement
covers the period July 1, 1990 through June 30,
1991 - action requested - APPROVE THE AGREEMENT AND
AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN
PURSUANT TO BOARD RESOLUTION NO. 89-054.
MOTION; MOVE TO APPROVE THE CONSENT AGENDA.
S M
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Unanimously Carried)
Regular Agenda
90-370 Items removed from the Consent Agenda for Board
consideration and action. (NONE)
90-371 Appointments - commissions and committees.
a. Appointments to committee vacancies. (NONE)
90-372 Election of Board representative to the County
Supervisors Association of California (CSAC) Board of
Directors for the 1990/91 Association year.
MOTION: MOVE TO APPOINT HASKEL McINTURF AS THE BOARD'S
REPRESENTATIVE TO THE COUNTY SUPERVISORS
ASSOCIATION OF CALIFORNIA (CSAC) FOR THE
1990/91 ASSOCIATION YEAR.
M S
VOTE: 1 N 2 Y 3 NP 4 Y 5 Y (Motion Carried)
Page 266
August 28, 1990
Aucrust 28. 1990
90-373 Discussion of revised Board of Supervisors' meeting
schedule for October, November and December, 1990. (40)
SUPERVISOR VERCRUSE PRESENT)
MOTION: MOVE TO APPROVE THE REVISED BOARD MEETING
SCHEDULE FOR OCTOBER, NOVEMBER AND DECEMBER,
1990.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-374 Air Pollution Control. Board
a. Approval of minutes - action requested - APPROVE
MINUTES OF AUGUST 21, 1990, (CONTINUED TO
SEPTEMBER 18, 1990)
b. The California Air Toxics "Hot Spots" Information
and Assessment Act of 1987 - action requested -
APPROVE THE AIR POLLUTION CONTROL DISTRICT'S PROGRAM
COSTS FOR FISCAL YEAR 1.990/91 AT $72,652.
(CONTINUED TO SEPTEMBER 18, 1990)
Regular Agenda
90-375 Update by the Chief Administrative Officer an
Sacramento/legislative activities, (REPORT BY WILLIAM
H. RANDOLPH, CHIEF ADMINISTRATIVE OFFICER)
90-376 CLOSED SESSION: County Counsel announced the Board's
closed session for potential
litigation (bankruptcy) pursuant to
Government Code Section 54956,9(b).
(422)
Introduction of Ronald W. Erickson, Mental Health
Director. (RONALD ERICKSON WAS INTRODUCED BY THE CHIEF
ADMINISTRATIVE OFFICER. CHAIRMAN McLAUGHLIN EXTENDED
THE BOARD'S WELCOME TO MR. ERICKSON AS THE NEW MENTAL
HEALTH DIRECTOR, AND THANKED GINGER IVERSEN, ACTING
MENTAL HEALTH DIRECTOR, FOR AN OUTSTANDING JOB}
RECESS: 9:24 A.M. TO CLOSED SESSION AS PREVIOUSLY
ANNOUNCED)
Page 267
August 28, 1990
Aucrust 28 , 1990
RECONVENE: The Board reconvened at 10:30 a.m.
following a closed session on potential
litigation (bankruptcy) pursuant to
Government Code Section 54956.9(b). (THE
CHAIRMAN ANNOUNCED A SPECIAL MEETING OF
THE BOARD, FRIDAY, AUGUST 31, 1990 AT
10:00 A.M.)
Public Hearings and Timed___Items
90-377 Public hearing - Kent and Janice Garrett - consideration
of an amendment to the Butte Caunty Code (proposed
negative declaration regarding environmental impact) to
allow the consideration of outdoor recreational uses with
a use permit in the agricultural zones throughout the
County. (521)
(SUPERVISOR DOLAN NOT PRESENT)
MOTION: MOVE TO FIND THE REQUIREMENTS OF CEQA HAVE BEEN
COMPLETED AND CONSIDERED IN MAKING THIS
DECISION; FIND THAT THE PROPOSED CODE AMENDMENT
DOES NOT CONFORM TO THE POLICIES, INCLUDING THE
TEXT AND MAP OF THE BUTTE COUNTY GENERAL PLAN
AND DOES NOT MEET THE CONDITIONS FOR A NEGATIVE
DECLARATION; AND DENY THE PROPOSED ORDINANCE
AMENDING THE BUTTE COUNTY CODE TO ALLOW OUTDOOR
RECREATION FACILITIES AS A CONDITIONAL USE IN
THE AGRICULTURAL ZONES (KENT AND JANICE
GARRETT).
M S
VOTE: 1 Y 2 NP 3 Y 4 Y 5 Y (Unanimously Carried)
90-378 Public hearing - Richard J. Clifford - appeal of the
Subdivision Violation Committee's Condition No. 2 (verify
legal access to the parcel from a publicly maintained
road) of a conditional Certificate of Compliance issued
to Frank J. and Bernice I. McGuire, AP 11-31-67, one
parcel, property located on the east side of Butte Creek
approximately 400 feet east of Centerville Raad across
from Conejo Lane, Butte Creek Canyon area. (1715)
MOTION: MOVE TO DENY THE APPEAL FINDING THAT THE PARCEL
REQUIRES A 60-FOOT WIDE ACCESS EASEMENT.
S
VOTE: 1 Y 2 NP 3 Y 4 Y
Page 268
M
5 Y (Unanimously Carried)
August 28, 1990
1
August 28, 1990
90-379 Public hearing - consideration of ordinances setting
specified County Clerk fees, County Recorder fees and
Elections Office fees - action requested - ADOPT
ORDINANCES AND AUTHORIZE THE CHAIRMAN TO SIGN. (2068)
(SUPERVISOR DOLAN PRESENT)
MOTION. MOVE WE ADOPT FEE ORDINANCES NOS. 2857, 2858,
2859 WITH AN EFFECTIVE DATE OF OCTOBER 1,
1990.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-380 Public hearing - GAIN plan update fiscal year 1990/91 -
a public hearing is required by the State Department of
Social Services - action requested - APPROVE PLAN FOR
SUBMISSION TO THE STATE DEPARTMENT OF SOCIAL SERVICES AND
AUTHORIZE THE CHAIRMAN TO SIGN. {2290)
MOTION: MOVE TO APPROVE THE PLAN FOR SUBMISSION TO THE
STATE DEPARTMENT OF SOCIAL SERVICES AND
AUTHORIZE THE CHAIRMAN TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
90-381 Continued hearing - 1990/91 Butte County Final Budget.
(2740) (**00)
A. Resolution approving the 3.990/91 final budget -
action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIRMAN TO SIGN; OR
B. Budget deadline extension - SB 2070 authorizes
Boards of Supervisors to extend, by resolution,
certain deadlines with regard to actions on county
budgets - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIRMAN TO SIGN.
Continued hearing - waiver of county's obligation of
matching funds and county costs of other state programs -
pending legislation provides for a waiver of a county's
obligations of matching funds for various state programs.
State of California Department of Finance may grant such
waivers upon requests by resolution following public
hearings - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIRMAN TO SIGN. (CONTINUED TO
SEPTEMBER 18, 1990 AT 11:00 A,M.)
MOTION: I MOVE WE ADOPT RESOLUTION 90-133 APPROVING THE
FINAL 1990/91 BUDGET WHICH ANTICIPATES $14.1
MILLION IN FINANCIAL AID FROM THE STATE OF
CALIFORNIA AND AUTHORIZE THE CHAIRMAN TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 269
August 28, 1990
August _28_, - -1990
90-382
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.) {137) (NONE)
90-383 Communications
Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD
OFFICE.)
a. Mr. and Mrs. Clay Large, Oroville - write regarding
notice received by them from the U. S. Postal
Service that mail delivery to Jordon Hill Road will
be discontinued unless specific road improvements
are made - action requested - REFER TO PUBLIC WORKS
DIRECTOR FOR REPORT AND RECOMMENDATION.
b. John K. Van de Kamp, Attorney General - writes in
response to Chairman McLaughlin's June 19 letter
requesting that his office make arrangements far the
provision of district attorney services for Butte
County - action requested - REFER TO CHIEF
ADMINISTRATIVE OFFICER AND DISTRICT ATTORNEY.
c. John K. Van de Kamp, Attorney General _ writes in
the response to Chairman McLaughlin's June 20 letter
requesting that his office make contingency plans
far the provision of civil legal services to the
County - action requested - REFER TO CHIEF
ADMINISTRATIVE OFFICER AND COUNTY COUNSEL.
d. Butte County Association of Governments (BCAG} -
forwards resolution no. 90/91-2 supporting inclusion
of public transportation impact analysis within the
environmental review process - action requested -
REFER TO PLANNING DIRECTOR FOR APPROPRIATE ACTION.
e. Yuba County Water District - submits, pursuant to
Sections 31032 and 31701.5 of the California Water
Code, a list of the District's delinquent
availability charges, and a list of the District's
delinquent water charges as of August 1, 1990 -
action requested - REFER TO AUDITOR-CONTROLLER.
f. State Department of Water Resources - submits their
certification cost of operation and maintenance of
Maintenance Area Number 5 (zones 1, 2 and 5},
Maintenance Area Number 7 (zones 1, 2 and 3},
Maintenance Area Number 13 (zones 1, 2, and 3), and
Maintenance Area Number 15 (zones 1, 2, and 3}
during the fiscal year commencing July 1, 1990
through June 30, 1991 - action requested - REFER TO
AUDITOR-CONTROLLER.
Page 270 August 28, 1990
~- r
AuQUSt 28, 1990
g. Shelton T. Enochs, Mayor, City of Chico -submits
questions to the Board from the City Council
relative to potential County bankruptcy - action
requested - REFER TO CHIEF ADMINISTRATIVE OFFICER.
h. State Office of the Attorney General - notifies the
Board that the three counties selected for the Child
Victim Witness Investigative Pilot Projects were
Sacramento, San Francisco and Orange - action
requested - REFER TO DISTRICT ATTORNEY.
i. Tanya M. Henrich, Chico - writes requesting
information regarding development in the Chico area
and wetland preservation - action requested - REFER
TO PLANNING DIRECTOR FOR APPROPRIATE RESPONSE.
j. Eugene B. Even, Superintendent, Butte County
Schools - forwards a brief analysis by William W.
Merrill, attorney at law, of the implementations of
Chapter 466 of the Statutes of 1990 (SB 2557) for
school districts and county offices of education -
action requested -- REFER TO CHIEF ADMINISTRATIVE
OFFICER AND COUNTY COUNSEL.
k. State Department of Finance - forwards the final
report on their audit of Butte County's expenditures
of funds received from the State Disaster Assistance
Grant (AB 2536) - action requested - REFER TO CHIEF
ADMINISTRATIVE OFFICER AND AUDITOR--CONTROLLER.
ADJOURNMENT: There being nothing
Board at this time,
adjourned at 11:38 a.
Friday, August 31, 19
a Special Meeting of
C
Ed
ATTEST:
WILLIAM H. RANDO
and Clerk of t
By:
further before the
the meeting was
m. to reconvene on
90 at 10:00 a.m. at
the Board.
Cha
Chief Administrative Officer
Page 271
August 28, 1990