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HomeMy WebLinkAboutM111786November i7, 198b Ca71 to order - The special meeting of the Board of Supervisors was called to order at 9:00 a.m. in the Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Wheeler, McInturf and Chairman McLaughlin; Martin J. Nichols, chief administrative officer; Harvey Wallace, county counsel; and Rubye Towns7ey, deputy clerk of the Board. Absent: Supervisors Dolan and Fulton. Pledge of allegiance to the Flag of the Onited States of America. 86-637 Additional items from Board members to be addressed at the end of the day. {NON£} 86-638 Items removed from the Consent Agenda far Board consideration and (30) action: 7. Public Works budget - the Chief Administrative Officer has prepared a report concerning the status of Public Works funding in 1986-87 and submits recommendations. 2. State Theater building - City of Qroviile - the Administrative Officer requests authorization to negotiate with City of Orovi7le staff regarding management aspects of the old State Theater building. 3. State Water Project Entitlement Study - the Water Commission forwards the State Water Project Entitlement Study prepared by the engineering firm of Leedshil7-Herkenhoff, Inc. (SUPERVISOR DOLAN PRESENT AT THIS TIME.) Page 83 86-639 Consent A~end_a (83) 1. Approval of minutes. APPROVED MINUTES OF NOVEMBER 4, 1986. 2. Renaming of private road - a resolution has been prepared for the renaming of a private road in the OroviTle area from Sugarplum Lane (Simpson Ranch Road to end) to Leaf Lane as requested by residents in the area. ADOPTED RESOLUTION 86-150 SETTING HEARING DATE FOR DECEMBER 2, 1986 AT 11:00 A.M. (SEE MINUTE ORDER N0. 86-649) 3. R.F.C. Surveyors, Inc. - on behalf of Wayne Turner - appeals the Advisory Agency's denial of a tentative parcel map (proposed mitigated negative declaration regarding environmental impact), four parcels, RP 42-10-I1, property located on the south side of Kennedy Avenue, T2O0 feet east of Muir Avenue, Chico area. SET HEARING DATE FOR DECEMBER 2, T986 AT 2:30 P.M. 4. Appointment to Butte County Arts Commission. APPOINTED CAROL MICHEL AS THE CHICO REPRESENTATIVE TO SERVE UNTIL JULY 1989. 5. Appointments to Law Library Board of Trustees. APPOINTED JUDGE REGINALD WATT, JUDGE ROGER GILBERT, JUDGE WILLIAM PATRICK, JUDGE STEVEN McNELIS, LEN FULTON, MELANIE HOWELL AND GERALD FLANAGAN FOR ONE YEAR TERMS. 6. Butte County Library donation - in accordance with Government Code Section 25355, a donation of $500 has been received from the Paradise Friends of the Library for the purchase of books. ACCEPTED DONATION AND AUTHORIZED LETTER OF APPRECIATION. 7. Conveyance of development rights and open area easement - Shimizu Brothers - in order to comply with the condition of approval for the use permit on property identified as AP 47-13-76. AUTHORIZED THE CHAIRMAN TO SIGN CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT. 8. Final map - Brynwood Park Subdivision, No. 1, Phase 7 - the developer has provided an irrevocable letter of credit to guarantee construction of improvements on the 11-lot subdivision, AP 43-29-128 and 129, property located on the southerly extension of Victorian Park Drive, Chico area. APPROVED THE FINAL MAP; ACCEPTED EASEMENTS AS GRANTED IN ITEMS T, 2 AND 3 OF THE OWNER`S CERTIFICATE ON BEHALF OF THE PUBLIC AND AGENCIES MENTIONED; AND AUTHORIZED THE CHATRMAN TO SIGN THE SUBDIVISION AGREEMENT. Page 84 November 17 , 7 986 56-639 g. Final map - 8rynwood Park Subdivision, No. 1, Phase 2 - the (Cont'd} developer has provided an irrevocable letter of credit to guarantee construction of improvements on the 12--lot subdivision, AP 43-29-128 and 129, property located on the southerly extension of Victorian Park Drive, Chico area. APPROVED THE FINAL MAP; ACCEPTED EASEMENTS AS GRANTED IN ITEMS 1, 2 AND 3 OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC AND AGENCIES MENTIONED; AND AUTHORIZED THE CHAIRMAN TO SIGN THE SUBDIVISION AGREEMENT. ]0. Final map - Brynwood Park Subdivision, No. 1, Phase 3 - the developer has provided an irrevocable letter of credit to guarantee construction of improvements on the 14-lot subdivision, AP 43-29-125 and 129, property located on the southerly extension of Victorian Park Drive, Chico area. APPROVED THE FINAL MAP; ACCEPTED EASEMENTS AS GRANTED IN ITEMS 1, 2 AND 3 OF THE OWNER'S CERTIFICATE ON BEHALF OF THE PUBLIC AND AGENCIES PENTIONED; AND AUTHORIZED THE CHAIRP~AN TO SIGN THE SUBDIVISION AGREE[~ENT. II. Report from Public Works Director on letter of Jack and Ruth Adams concerning a culvert presently installed in the Anderson Branch of Rock Creek (Sycamore Valley Subdivision}. ACCEPTED FOR INFORMATION AND DIRECTED ADMINISTRATIVE OFFICER TO REPLY TO THE CONCERNED PARTIES. (from l0/2T/86) 12. P. ~'I. Barceloux, attorney at law - on behalf of Billy Henry Kearns, files a claim in the amount of $]00,000 as the result of alleged damages sustained in an alleged false arrest occurring on or about September 24, 1986. REJECTED CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT. 13. James C. Farnsworth, attorney at law - on behalf of Alpha Gamma Rho Fraternity, files a claim for indemnity in the matter entitled "Traci Hussar v. Daniel Emery, et al (Butte County Superior Court Case No. 92142). REJECTED CLAIM FOR INSUFFICIENT INFORMATION. 14. Donation of equipment - Stirling City Volunteer Fire Department (Company 12) - the company wishes to donate a 7972 Dodge crew cab pickup truck to the county, providing that ownership will revert to the company in the event county discontinues or changes fire protection services. ACCEPTED DONATION. 15. Investments information report - the Treasurer-Tax Collector submits the October 31, 1956 report in accordance with AB 1073 and the county's investment policy. ACCEPTED FOR INFORMATION. Page S5 November 17, 1956 86-639 I6. Veterans Service Office subvention - the allocation letter (Cont'd) from the State Department of Veterans Affairs has been received allocating $9,258 to Butte County far operation of the Veterans Service Office in 1986-87. AUTHORIZED THE CHAIRMAN TO SIGN THE COUNTY CERTIFICATION THAT THE VETERANS SERVICE OFFICER COMPLIES WITH THE PROVISIONS OF MILITARY AND VETERANS CODE. I7. Price of final 1986-87 budget. SET SALES PRICE AT $5.00 PER COPY, INCLUDING SALES TAX. 18. Inventory of county property - request for relief from accountability - the District Attorney has completed his investigation in accordance with the provisions of the Butte County Charter and submits recommendations and a finding that it is impossible to determine the disposition of most of the missing property. RECOGNIZING THE pISTRICT ATTORNEY'S REPORT, AUTHORIZED RELIEF FROM ACCOllNTABILITY OF FIXED ASSET ITEMS SET FORTH IN THE AUDITOR'S MAY 13, 1986 MEMORANDUM. 19. Establishment of revolving fund - 1~elfare GAIN Program - a resolution has been prepared to establish a $T,000 revolving fund for the GAIN Program for meeting unusual or emergency needs of recipients in accordance with Government Code Section 29320, et seq. ADOPTED RESOLUTION 86-I51 ESTABLISHING R REVOLVING FUND FOR THE WELFARE GAIN PROGRAP+i AND AUTHORIZED THE CHAIRMAN TO SIGN. 20. Law Library transfer - the Law Library Soard of Trustees requests Board approval of a $1,112.47 transfer from the Carleton Gray Trust Fund (Fund 1080) to the Law Library's operating fund (Fund 1098). AUTHORIZED TRANSFER OF FUNDS. 21. Salary ordinance amendment - the ordinance adds a library assistant III, library assistant I and a half-time library assistant II (Durham), reinstituting positions which were eliminated as a result of layoffs. WAIVED THE SECOND READING AND ADOPTED ORDINANCE 2566. 22. Resolution dec]aring November 23 - 29, 1986 as California Family Meek. ADOPTED RESOLUTION $6-152 AND AUTHORIZED THE CHAIRMAN TO SIGN. 23. Dr. Ethan Harris contract -- an agreement has been prepared making provisions for psychiatric services for the period October 27, 1986 through June 30, 1987 for the Mental Health Department in an amount not to exceed $19,800. APPROVED CONTRACT AND AUTHORIZED THE CHAIRMAN TO SIGN. 24. Esplanade Manor contract - the contract is for the purpose of providing socialization services for clients for the period October 1, 1986 through June 30, 1987 in the maximum amount of $59,000. APPROVED CONTRACT AND AUTHORIZED THE CHAIRMAN TO SIGN. Page 86 November l7, 1986 86-639 25. Esplanade Manor contract - the contract provides for (Cont'd) supplemental board and care services covering the period October ], i986 through June 30, 1987 in the maximum amount of $74,070. APPROVED CONTRACT AND AUTHORIZED THE CHAIRMAN TO SIGN. 26. Amendment No. 1 - Chico urban area handicapped and senior citizens agreement - the amendment continues the Chico Clipper until June 30, 1987 and is included in the present budget, being funded from Transporation Development Act funds {SB 325) with Butte County's share at $103,644. APPROUED CONTRACT AMENDMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 27. Family Services Association contract modification ~- modification covers actual services provided to the Student Drug Abuse Program within the Sheriff's Department far counseling sessions in the maximum amount of $23,574.07. APPROVED CONTRACT MODIFICATION AND AUTHORIZED THE CHAIRP'!AN TO SIGN. 28. GAIL Program training contract - an agreement has been prepared with Ed Cannoy in an amount not to exceed $300 in order to provide training services to staff within the Welfare Department's GAIN Program covering the period October 15 - 18, 1986. APPROVED CONTRACT AND AUTHORIZED THE CHAIRMAN TO SIGN. 29. Rental rehabilitation program ~- annual performance report - staff has prepared the annual report as required by program regulations. APPROVER REPORT AND AUTHORIZED THE CHAIRMAN TO SIGN LETTERS TO STRTE AND FEDERAL OFFICIALS. 30, Program income funds (Housing and Urban Development) - Public Works requests approval to use $20,000 in program income funds (Budget Unit 180-002) to perform remedial work for the Crouch Ditch which provides drainage in the Chapmantown and Mulberry areas of Chico. AUTHORIZED USE OF $20,000 IN HUD PROGRAM INCOME FUNDS AND AUTHORIZED THE RUDITOR TO ESTABLISH AN APPROPRIATE ACCOUNT. 31. Agreement for services - Community Development Block Grant Funds - an agreement has been prepared with Connerly & Associates to provide necessary services for the administration of the program income funds resulting from the Community Development Block Grant activities, services which Connerly is not obligated to perform under the present contracts. The agreement covers the period October 1, i986 through June 30, 1987 at a cost of $800 per month. APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN. 32. Amendment No. 2 - Community Development Block Grant consultant agreement - the amendment provides for continuation of services to September 30, 1987 covered under the consultant agreement dated September 3, 1985 at no cost to the county. APPROVED CONTRACT AMENDMENT N0. 2 AND AUTHORIZED THE CHAIRMAN TO SIGN. Page 87 November 7 7 , i 986 86-639 33. Advance step hiring (Cont'd) requests advance step range for a deputy Section 12.12 of the STEP HIRING. -- Sheriff's Department ~ the Sheriff hiring at the "C" step of the salary sheriff applicant in accordance with Personnel Rules. AUTHORIZED ADVRNCE 34. Report to the Soard concerning implementation of AB 2674 (Connelly} concerning amendments to the Brown Act which are effective January 7, 1987. APPROVED RECOMMENDATIONS AS SUBMITTED BY CHIEF ADMINISTRATIVE OFFICER. 35. Communications a. Emily Alma, Chico - writes concerning the importance of a community disposal program for toxic wastes for use by householders. ACCEPTED FOR INFORMATION AND REFERRED TO PUBLIC WORKS DIRECTOR. b. GWEN relay tower petition - a petition signed by seven persons has been received requesting Board support in seeking an environmental impact statement for the proposed GWEN relay tower. ACCEPTED FOR INFORMATION. c. Feather River Tourism - writes requesting Rural Renaissance funding for the conduct of a feasibility study to identify effective tourism programs for Butte County and Lake Oroville. REFERRED TO THE CHIEF ADMINISTRATIVE OFFICER. d. Butte County Fish and Game Commission - the commission forwards its legislative proposal for the introduction of state legislation to control stray dogs running at large on public and private lands. REFERRED TO CHIEF ADMINISTRATIVE OFFICER FOR CONSIDERATION IN INCLUSION IN THE COUNTY`S LEGISLATIVE PROGRAM. e. City of Chico - Mayor Willis writes regarding the formation of service areas to provide financing for the countywide library system and police and fire services within the Chico Sphere of Influence. INFORMATION ONLY. f. Rack Creek Reclamation District Ro. 2123 - writes requesting information and status of County Service Area 87 and its proposed facilities and tivorks of improvement. REFERRED TO PUBLIC WORKS DIRECTOR FOR RESPONSE. Motion: APPROVED CONSENT AGENDA. M S Vote: T Y 2Y 3Y 4Y Page 88 5 AB (Motion carried) November 7 7 , 7 986 Re~u~ar Agenda 86-640 Public Works budget - the Chief Administrative Officer has prepared {128) a report concerning the status of Public Works funding in 1986-87 and submits recommendations. h9otion: DIRECTED THE PERSONNEL DIRECTOR TO PREPARE A SALARY ORDINANCE AMENDMENT ADDING A ROAD MAINTENANCE I P05ITION TO THE PUBLIC WORKS DEPARTMENT. M S Vote: T Y 2 Y 3 Y 4 Y 5 AB (Motion carried) 86-641 State Theater building -- City of Oro~ii1e - the Administrative (T49} Officer requests authorization to negotiate with City of Oroville staff regarding management aspects of the old State Theater building. (SUPERVISOR FULTON PRESENT AT THIS TIME.) ~~ Motion: APPROVED REQUEST. M X Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried) 86-642 State Water Project Ent itlement Study - the Water Commission (314) forwards the State Water Project Entitlement Study prepared by the engineering firm of Leedsh ilT-Herkenhoff, Inc. (CONTINUED FOR FURTHER DISCUSSION ON DECEMBER 2, 7985.) 86-643 Request of Palermo Grange No. 493 and Feather River Park and (356} Recreation District for exemption of the provisions of Butte County Code Section 19-i0 on the placement of septic systems far a new building for the Grange. (CONTINUED TO DECEMBER 2, 1986 FOR A REPORT FROM COUNTY COUNSEL,} 85-644 Discussion and policy direction regarding the use of underground (569) -rs_ abo~egraund flamabie liquids storage. {REMOVED FROM AGENDA AT THE REQUEST OF THE COUNTY FIRE WARDEN.} 86-645 Report and recommendation from Data Processing Steering Committee (593) regarding computer equipment proposals. {COMMITTEE WAS NOT READY TO MAKE RECOMMENDATIONS AT THIS TIME.} 86--646 Report from Chief Administrative Officer on Community Parklands {628) Act of 1985 (Proposition 43) concerning Butte County's allocation of $239,000. Motion: DIRECTED THE CHIEF ADMINISTRATIVE OFFICER TO DEVELOP PRIORITY LISTINGS OF POTENTIALLY ELIGIBLE COUNTY PROJECTS FOR THE FUTURE. S M Vote: T Y 2Y 3Y 4Y 5Y Page 89 (Unanimously carried} November 17, 1986 Recess: 9:56 a.m. Reconvene: T0:20 a.m. 86-647 Report from Chief Administrative Officer regarding reorganization (1537) plan for the Administrative Uffice assuming the interim Personnel function. {from ll/4/86). (NO ACTION. CHIEF ADMINISTRATIVE OFFICER TO PROVIDE FURTHER REPORT ON DECEMBER 2, 1986.) 86-648 Report from County Counsel regarding drainage problem in northeast (1608} Chico at the corner of Mariposa and East Avenues. (from 1T/4/86} Motion: DIRECTED COUNTY COUNSEL TO ADVISE MR. DOMINICK IELATI OF EXISTING OPTIONS. M S Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} Closed Session: The Board recessed at 10:32 a.m. for a closed session on meet and confer; litigation of Maples v. county, and a personnel matter. Reconvene: The Board reconvened at T0:57 a.m. (NO ANNOUNCEMENTS.) 86-649 Renaming of private road - a resolution has been prepared far the renaming of a private road in the OrovilTe area from Sugarplum Lane (Simpson Ranch Road to end} to Leaf Lane as requested by residents in the area. (FROM CONSENT AGENDA, MINUTE ORDER 86-639, N0. 2. } Motion: CHANGED HEARING DATE TO JANUARY 6, 1986 AT 17:00 A.M. M S Vote: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried} 86-650 Additional item: 1. Chairman McLaughlin requested that Mr. Nichols obtain a report from the District Attorney regarding a plea bargaining case in Paradise. {MR. NICHOLS TO PROVIDE REPORT.) Adjournment: There being nothing further before the Board at this time the meeting was adjourned at 10:59 a.m. to reconvene on November 18, 1986 at 10:30 a.m. ~ `f~-~ i W Chairman, Board of upervisors ATTEST: MARTIN J. NICHOLS, Chief Administrative Officer and Clerk of the Board of Supervisors By Page 90 November 77, 1986