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HomeMy WebLinkAboutM1127901 November 27, 1990 Call to order - Board of Supervisors roam, County Administration Building, 25 County Center Drive, Oroville. Supervisors Dolan, Fulton and Chairman McLaughlin present. Supervisors Mclnturf and 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. 90-486 Consent Agenda 1. Approval, of minutes - action requested ~- APPROVE MINUTES OF NOVEMBER 6, 1990. 2. Budget transfers - action requested -APPROVE BUDGET TRANSFERS B-30 (CSA 125), B-32 (TNTERFUND REVENUE ADJUSTMENTS), B-34 (CIVIL DISASTER), B-35 (MENTAL HEALTH), AND B-36 (NEAL ROAD LANDFILL). 3. County library donation - in accordance with Government Code Section 25355, a donation of $100 has been received from ARCO Foundation, Inc., Los Angeles for the Butte County trust fund for continuing operations - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. 4. County library donations - in accordance with Government Code Section 25355, donations of $700 from Chico Friends of the Library, $1,15 from an anonymous donor, $150 from Paradise Friends of the Library and $3,500 from Oroville Friends of the Library have been received for the Butte County trust fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 5. Appointment to Butte County Law Library - action requested - REAPPOINT RAOUL LeCLERC, attorney at law, to serve until January 1, 1992. Page 343 November 27, 1990 November 27, 1990 90-486 6. Final map - Horsethief Canyon Subdivision - the developer has provided a cash deposit to guarantee construction of improvements within a one year period on four lots, AP 41-12-96, property located on the south side of Durham Pentz Road, approximately one mile east of Clark Road, Pentz area - action requested - APPROVE FINAL MAP, AND ACCEPT EASEMENTS AS GRANTED IN ITEMS A, B AND C OF THE OWNER'S STATEMENT ON BEHALF OF THE PUBLIC. 7. Canda Lee Ackerman and Kenneth and Carl Ackerman, Chico - file a claim in the amount of $4,009,785.06 as a result of the alleged wrongful death of Steven Eugene Ackerman on or about August 5, 1990 in a vehicle accident in the vicinity of Mud Creek Bridge on Nord Highway, Chico - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 8. Tibor Balough, Paradise -files a claim in an amount not less than $100,000 for alleged injuries, damages and lasses sustained as a result of a vehicle accident on or about October 15, 1990 on the Skyway near Jewell Road, Paradise - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 9. Debbie Conner and Earl W. Ware, Chico -file a claim in the amount of $15,000 as a result of alleged damages resulting from the shooting of a family pet on or about September 28, 1990 by a Sheriff's Department deputy - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 10. Thomas K. Keckler, Magalia - files a claim in the amount of $50,000 as a result of alleged injuries sustained in a collision of a vehicle in which he was a passenger with a Butte County Transit bus on or about July 19, 1990 in Paradise .. action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. 11. Richard Turner, Chico -files a claim in the amount of $50, 000 as a result of alleged injuries sustained on or about July 8, 1990 and July 9, 1990 in an incident at the Butte County Jail - action requested - REJECT CLAIM AND REFER TO COUNTY COUNSEL AND RISK MANAGEMENT. Page 344 November 27, 1990 November 27, 1990 90-486 12. Mental Health Department - Board authorization is requested far the purchase of two lateral files at an approximate cost of $425 each and a television set far the Inpatient Unit at an approximate cost of $600. Budget transfer B-35 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 13. Award of bid 23-91 - ane--ton super cab and chassis - the Purchasing Department received and opened bids for a Ford, one-ton cab and chassis for the Public Works Department. The bids have been evaluated and the lowest bid meeting specifications is Pahl- Goodhue Ford of Oroville in the amount of $21,390 plus tax -- action requested - AWARD BTD 23-91 TO PAHL-GOODHUE FORD. 14. Payment of time expired warrant - Della Zollicoffer - a request has been received for payment of a time expired warrant issued on January 10, 198D in the amount of $8.50 as a refund on civil service fees - action requested - AUTHORIZE THE AUDITOR-CONTROLLER TO REISSUE TIME EXPIRED WARRANT. 15. Planning Department request for relief from accountability -pursuant to Government Code Section 29390 and Board resolution 75-177 relief from accountability is requested for a $25.84 loss from the Planning Department's change fund discovered on October 16, 1990. The district attorney and auditor-controller support the request -- action requested - APPROVAL OF RELIEF FROM ACCOUNTABZLITX AND COVERAGE OF SHORTAGE AS A CHARGE AGAINST THE GENERAL FUND. 16. County Service Area no. 125 (Willow Bend Subdivision} loan - a resolution has been prepared to authorize a $1,900 loan to CSA no. 125 (Willow Bend Subdivision} from the CSA revolving loan fund. Budget transfer B-30 has been prepared to provide the necessary appropriation - action requested - ADOPT RESOLUTION 90-159 APPROVING LOAN AND AUTHORIZE THE CHAIRMAN TO SIGN. 17. Salary ordinance amendment - 1990/91 budget alignment -proposed is a salary ordinance amendment that specifies position alignment - action requested - WAIVE THE SECOND READING AND ADOPT ORDINANCE 2879. Page 345 November 27, 1990 November 27, 1990 90-486 18. Salary ordinance amendment - Air Pollution Control District - proposed is a salary ordinance amendment changing for administrative purposes only the Air Pollution Cantral District's classification code - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. 19. Salary ordinance amendment - Probation Department - proposed is a salary ordinance amendment changing a supervising probation officer position to a probation officer TT, I - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. 20. Salary ordinance amendment - Sheriff's Department and Probation Department (Juvenile Hall) - proposed is a salary ordinance amendment implementing a classification study for MCS unit employees within the Sheriff's Department which brings MCS positions into appropriate internal alignment, Also included is a new classification of food services manager in the incarceration unit, and in conjunction with this change, the reclassification of the senior cook position in the Juvenile Hall - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. 21. Resolution proclaiming December 1, 1990 as World AIDS Day in Butte County - action requested - ADOPT RESOLUTION 90-160 AND AUTHORIZE THE CHAIRMAN TO SIGN. 22. Goodspeed Street, Durham (AP 40-28-96) - due to problems in constructing a driveway to a new home which fronts Goodspeed Street, south of Durham, Board authorization is requested to cross the one foot no access strip to construct and use a driveway. The one foot no access strip will remain along the rest of the frontage - action requested - AUTHORIZE CROSSING OF ONE FOOT NO ACCESS STRIP AT A LOCATION TO BE DETERMINED BY THE PUBLIC WORKS DIRECTOR. 23. City of Biggs/County of Butte - proposed is a cooperative agreement for the County to provide fire protection, rescue and emergency medical services within the City of Biggs effective January, 1991 until June 30, 1991 at an annual cost of $13,750 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 346 November 27, 1990 November 27, 1990 90-486 24. City of Gridley - proposed is a Memorandum of Understanding wherein the City agrees to provide funding in the amount of $10, 000 to defray the costs of providing the personnel required to operate the Gridley Branch Library commencing December 1, 1990 - action requested - APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIRMAN TO SIGN PENDING APPROVAL OF THE AUDITOR-CONTROLLER. 25. McDonough, Holland and Allen - proposed is a renewal agreement providing compensation at a rate not to exceed $160 per hour for a term of one year from execution of agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 26. County Victim/Witness Assistance Program - an amended resolution has been prepared continuing funding of the Victim/Witness Program by the Office of Criminal Justice Planning. Resolution 90-92 was adopted by the Board on June 5, 1990 - action requested - ADOPT AMENDED RESOLUTION 90-1.61 AUTHORIZING THE CHIEF PROBATION OFFICER TO SUBMIT APPLICATION AND AUTHORIZE THE CHAIRMAN TO SIGN. 27. 1991/92 family planning funding - proposed is an application for 100 percent State funding to allow the County to continue to provide basic family planning services to low-income residents .. action requested - APPROVE SUBMISSION OF THE APPLICATION AND AUTHORIZE THE CHAIRMAN TO SIGN. 28. Capital outlay funds - proposed is an agreement wherein the State Department of Health Services will make available $705,339 in 100 percent State funds to the County for distribution to local hospitals and medical clinics in accordance with the previously approved Board Capital Outlay Plan for capital improvement projects within the County - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER, 29. Chico Unified School District - proposed is an agreement to continue the Primary Intervention Program (PIP} for the term July 1, 1990 through June 30, 1991 in the maximum amount of $43,337 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 347 November 27, 1990 November 27, 1990 90-486 30. Gridley Union School District - proposed is an agreement to continue the Primary Intervention Program (PIP} for the term July 1, 1990 through June 30, 1991 in the maximum amount of $23,161 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 31. Oraville Elementary School District - proposed is an agreement to continue the Primary Intervention Program (PIP} for the term July 1, 1990 through June 30, 1991 in the maximum amount of $12,406 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. 32. 1990/91 Short-Doyle Annual Plan, Part B - a detailed budget presentation is required within 90 days of the State's final allocation of funds. An approved Part B is required for the continued receipt of advance payments to the County - action requested - APPROVE PART B AND AUTHORIZE THE CHAIRMAN TO SIGN FORMS ~..1B, 1.1.1B AND 1.5B. 33. Faster family home licensing - proposed is a contract with the State Department of Social Services in the amount of $129,565 for the period July 1, 1990 through June 30, 1991 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN, 34. Dennis Hyde - proposed is a contract for the provision of family therapy for children and parents referred by Child Protective Services for the period October 1, 1990 through September 30, 1991 in the maximum amount of $9, 950 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO SIGN. 35. Auditor-Controller - destruction of records - Board authorization is requested pursuant to Government Cade Sections 26201 through 26205 to destroy records as identified in the Auditor-Controller's memorandum of November 13, 1990 -- action requested - AUTHORIZE DESTRUCTION OF RECORDS AS IDENTIFIED. 36. County Supervisors Association of California (CSAC) - Board authorization is requested for travel expense for the supervisor elect to attend the CSAC new supervisor orientation in Anaheim, November 27-30 -action requested - AUTHORIZE TRAVEL AS A COUNTY CHARGE. Page 348 November 27, 1990 November 27, 1990 90-486 37. Step advancement - family support enforcement officer - Board authorization is requested far advancement to step 2 of the salary range - action requested - AUTHORIZE ADVANCEMENT TO STEP 2. 38. Advanced step hiring - Mental Health Department - Board authorization is requested for advanced step hiring of a staff services specialist at step 2 of the salary range, and a health education assistant II at step 5 of the salary range - action requested - AUTHORIZE ADVANCED STEP HIRING. MOTION: MOVE TO APPROVE THE CONSENT AGENDA. S M VOTE: 1 NP 2 X 3 NP 4 Y 5 Y (Unanimously Carried) Regular ,Agenda 90-487 Items removed from the Consent Agenda for Board consideration and action. (NONE) 90-488 Appointments - commissions and committees. a. Appointments to committee vacancies. (NONE) (WILLIAM H. RANDOLPH, NOT PRESENT; STARLYN BROWN, DEPUTY ADMINISTRATIVE OFFICER PRESENT) 90-489 Mooretown Indian Rancheria - action requested: A. DEVELOP A POSITION ON THE PLACEMENT OF A RANCHERIA NEAR PENTZ ROAD IN BUTTE COUNTY; AND B. DIRECT STAFF TO PREPARE THE COUNTY'S COMMENTS TO BE RECEIVED BY THE APPROPRIATE REVIEWING AGENCY BY NOVEMBER 30, 1990. (52) (SUPERVISOR VERCRUSE PRESENT) MOTION: DIRECT STAFF TO PREPARE THE COUNTY'S COMMENTS TO BE RECEIVED BY THE APPROPRIATE AGENCY BY NOVEMBER 30, 1990, AND REQUEST THAT AN ENVIRONMENTAL IMPACT STATEMENT BE PREPARED. S M VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried} Page 349 November 27, 1990 November 27„r,_ 1990 Public Hearin s and Timed Items (WILLIAM H. RANDOLPH, CHIEF ADMINISTRATIVE OFFICER PRESENT) 90-490 Public hearing - renaming a private road in the Chico area from Guynn Avenue (Meridian Road to end} to Tokay Ranch Road - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIRMAN TO SIGN. (1888) MOTION: MOVE APPROVAL OF RESOLUTION 90-162 AND AUTHORIZE THE CHAIRMAN TO SIGN. M S VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 90-491 Public hearing - Rick Schalk - consideration of an appeal of the Subdivision Violation Committee's condition (provide far compliance with Chapter 24 of the Code of Butte County) of a conditional Certificate of Compliance; AP 40-26w51, one parcel, property located approximately 300 feet south of Durham-Dayton Hiqhway approximately 300 feet east of Lott Road, Durham area. (1930) (PUBLIC HEARING OPENED; PUBLIC HEARING CLOSED. NO ACTION TAKEN) 90-492 Public hearing - consideration of an ordinance setting specified Environmental Health fees, Public Health Laboratory fees, and Public Health Clinic fees - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIRMAN TO SIGN. (1958) MOTION; MOVE TO ADOPT ORDINANCE 2$80 AND AUTHORIZE THE CHAIRMAN TO SIGN. M S VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 90-493 Public hearing - Robert Heimann - consideration of an appeal of the Advisory Agency's denial of a tentative subdivision map (proposed negative declaration with environmental mitigations), AP 42-61-46, two lots, property located on the northerly side of Bidwell Avenue and lying approximately 200 feet south of the southerly end of Brandonbury Lane, Chico area - action requested - OPEN HEARING AND CONTINUE OPEN TO DECEMBER 11, 1990 AT 9;45 A.M. (2062) (HEARING OPENED AND CONTINUED OPEN TO DECEMBER 11, 1990 AT 9:45 A.M.) Page 350 November 27, 1990 November 27 1990 90-494 Public hearing - Bruce Oliver - consideration of a rezone (proposed negative declaration with mitigation measures regarding environmental impacts) from "U" unclassified to TM-5 (timber mountain - five acre parcels), property located on both sides of Blackberry Road approximately 800 feet north of Crown Point Road and approximately 1/2 mile east of Crown Paint Road and State Highway 32 intersection, identified as AP 056-040-027, northeast of Chico. (2150) (HEARING OPENED AND CONTINUED OPEN TO DECEMBER 18, 1990 AT 10:15 A.M.) (CHAIRMAN McLAUGHLIN NOT PRESENT; VICE CHAIR DOLAN PRESIDING) 90--495 Public hearing - Langerwerf Dairy, Inc. - consideration of a petition for immediate cancellation of a Land Conservation Act Agreement (proposed negative declaration with mitigation measures regarding environmental impacts} on property zoned A-5 (agricultural - 5 acre parcels}, property located on the north side of Durham-Dayton Highway, approximately 2800 feet east of Esquon Road, identified as AP 040-140-002 and 071, east of Durham. (2839} (**00) MOTION: MOTION OF INTENT TO MOVE FOR CANCELLATION AND ASK STAFF TO PREPARE THE APPROPRIATE FINDINGS BASED UPON THE STAFF MEMORANDUM TO THE BOARD DATED NOVEMBER 6, 1990 WHICH INCLUDES THE PAYMENT OF THE $40,000 CANCELLATION FEE, THE NOVEMBER 27, 1990 LETTER TO THE BOARD FROM ALAN E . BURCHETT, ATTORNEY AT LAW, AND COMMENTS TO THE BOARD BY MR. LEO LANGERWERF. S M VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda (CHAIRMAN McLAUGHLIN PRESIDING) 90-496 Scheduling of interviews of Air Pollution Control Officer candidates. (662) (NO ACTION TAKEN) 90-497 Consideration of agreements to accept a deposit of $44,997.13 to retain a consultant to prepare an analysis of traffic impacts in the Thermalito area - action requested: A. APPROVE AGREEMENTS AND AUTHORIZE THE CHAIRMAN TO SIGN, B. APPROVE BUDGET TRANSFER B-39. (695) Page 351 November 27, 1990 November 27 1990 MOTION: MOVE TO APPROVE AGREEMENTS AND AUTHORIZE THE CHAIRMAN TO SIGN, AND APPROVE BUDGET TRANSFER B-39. S M VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 90-498 Presentation of recommendation by Water Commission on Environmental Assessment for revision of the Flood Control Diagram at Oroville Dam and Reservoir. (900) MOTION: MOVE THAT THE REQUEST FOR REVISION OF THE FLOOD CONTROL DIAGRAM AT OROViLLE DAM AND RESERVOIR BE SUPPORTED WITH THE CAVEAT THAT FURTHER STUDY OF OVERALL FLOOD CONTROL MEASURES ON THE FEATHER RIVER IN BUTTE COUNTY BE ENCOURAGED. M S VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 90-499 Presentation by County Clerk of certification of statement of vote, official canvass and other related information regarding the conduct of the November 5, 1990 Consolidated General Election - action requested - APPROVE CERTIFICATION OF STATEMENT OF VOTE. (970) MOTION: MOVE TO APPROVE CERTIFICATION OF STATEMENT OF VOTE. M S VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 90-500 Consideration of two amendments to Indigent Defense Services Contract - action requested - APPROVE AMENDMENT NO. 1 AND AMENDMENT N0. 2 AND AUTHORIZE THE CHAIRMAN TO SIGN. (1308) MOTION: MOVE TO APPROVE AMENDMENT NO. 1 AND AUTHORIZE THE CHAIRMAN TO SIGN. S M VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MOTION: MOVE TO APPROVE AMENDMENT NO. 1 AND AUTHORIZE THE CHAIRMAN TO SIGN. S M VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 90-501 CLOSED SESSION: The Board recessed at 11:34 a.m. for a closed session for the purpose of a personnel matter. (CHAIRMAN McLAUGHLIN EXTENDED THE BOARD'S CONGRATULATIONS TO SUPERVISOR FULTON UPON BEING NAMED RECIPIENT OF THE 1990 PUBLISHER'S POOR RICHARD'S AWARD TO BE PRESENTED IN NEW YORK) Page 352 November 27, ].990 ~, November 27. 1990 RECONVENE: The Board reconvened at 11:32 a.m. before commencement of the closed session for public comment. 90-502 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.) {1575} 1. Delbert Lockwood, Oroville - Resolution proclaiming December 1, 1990 as World AIDS Day in Butte County; statistics on AIDS; request far direction for the Butte County Task Force on AIDS; Supervisor Vercruse to meet with the Task Farce's Executive Committee; and an agenda item for the Board's meeting of December 18, 1990. 90-503 CLOSED SESSION: The Board recessed to closed session at 11:47 a.m. as previously announced for a personnel matter. RECONVENE: The Board reconvened at 12:13 p.m. following a closed session for a personnel matter. (NO ANNOUNCEMENTS) 90-504 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.} a. Ruth Ann Dabner, Assistant Interim City Administrator, City of Oroville - forwards "A Resolution Expressing the Intent of the City of Oroville to Offer Assistance to the County of Butte in the Expansion of the South County Municipal Court Complex on Arlin Rhyne Drive" - action requested - REFER TO ADMINISTRATIVE OFFICER, GENERAL SERVICES ADMINISTRATOR AND SOUTH COUNTY MUNICIPAL COURT. b. Dick Roper, Raper Associates - writes regarding the Ervin Clark tentative parcel map, AP 025-240-014, and a request for implementation of the Wyman Ravine Basin drainage plan - action requested - REFER TO PLANNING DIRECTOR FOR REPORT AND RECOMMENDATION. Page 353 November 27, 1990 November 27, 1990 c, Coopers & Lybrand, Sacramento - farwards their understanding of the terms and objectives of their engagement and the nature and scope of the services they will provide to the County, and fees for the audits in accordance with their June 8, 1988 contract with the County - action requested - REFER TO AUDITOR-CONTROLLER. d. Harold R. Walt, Director, State Department of Forestry and Fire Protection - forwards notice of the rescinding of the notification by the State Department of Forestry and Fire Protection of the cancellation of the cooperative agreement between the State and County - action requested - REFER TO ADMINISTRATIVE OFFICE AND COUNTY COUNSEL, e. Viacom Cablevision, Oroville -forwards notification of Viacom's plans to revise the rates charged far cable television service effective December ~., 1990 - action requested - REFER TO ADMINISTRATIVE OFFICE. f. Don Bowlby, Chair, Chico Area Recreation and Park District (CARD) -sends an invitation to the Board to attend the CARD Board meeting on Thursday, November 29, 1990 at 7:30 p.m. at which time they will honor agency's volunteer contributions to CARD -- action requested - INFORMATION ONLY. g. Gregory Alexander, Director of Capacity, Management and Traffic, Greyhound Lines, Inc., Dallas, Texas forwards notification of application of Greyhound Lines, Inc. far authority to revise, discontinue, and abandon Route 2.13 of route group 2, Butte and Plumas Counties (Feather River route) - action requested - REFER TO PUBLIC WORKS DIRECTOR. ADJOURNMENT: ATTEST. WILLIAM H. RANDO , Chief Administrative Officer a d Clerk o he Board of Supervisors By: Page 354 November 27, 1990 There being nothing further before the Board at this time, the meeting was adjourned at 12:13 p . m. to reconvene at 9:00 a.m. on Tuesday, December 11, 1990.