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HomeMy WebLinkAboutM121592~ December 15. 1992 Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Supervisors Fulton, Houx, McInturf, McLaughlin and Chair polan present. John S. Blacklock, 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. The meeting opened in recognition of Patty Mattingly, Supervisor, Siskiyou County, who died last week. She served her County with respect, popularity and dedication. The Board 'will express their grief and condolences to her family and the County family. 92-468 Items removed from the Consent Agenda for Board consideration and action. l. Surplus property - micrographic equipment - the Print Shop has transferred micrographic equipment to Purchasing surplus as it is obsalete and no longer needed by the County - action requested - DECLARE ITEMS SURPLUS AND AUTHORIZE THE PURCHASING AGENT TO SELL THE EQUIPMENT BY SEALED BID. 2. Adoption of a salary ordinance amendment increasing the salary range level from 235 to 252 for the Substance Abuse Program Coordinator (Mental Health), from salary range level 98 to 108 for supervisor-Micrographics (County clerk-Recorder), and from salary range 117 to 127 for Supervtsor- Recordable Documents (County Clerk-Recorder) - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12/1/92) 3. Introduction of a salary ordinance amendraent implementing personnel issues contained within the 1992-93 final budget, and approved by the Board on September 29, 1992 - action requested - WAIVE READING OF THE ORDINANCE. Page 385 December 15, 1992 December 15. 1992 92-468 4. Introduction of a salary ordinance amendment increasing the funding of a Probation Department office assistant II, I position from half time to full time utilizing asset seizure funds - Butte Anti-Drug Special Supervision Grant (BASS) - action requested - WAIVE READING OF THE ORDINANCE. 5. Director - Libraries - proposed is a three year employment contract with the salary of $49,660 in accordance with the County's current salary ordinance (general fund) - action requested - APPROVE CONTRACT AND APPOINTMENT OF NANCY BROWER AS THE DIRECTOR-LIBRARIES AND AUTHORIZE THE CHAIR TO SIGN. 6. Assignment of counsel - County Counsel proposes assigning John C. Williams v. County of Butte to the law firm of Marsh, Marsh, Volpe & Molin - action requested - APPROVE ASSIGNMENT OF COUNSEL. 7. Assignment of counsel - County Counsel proposes assigning Huntington Brothers v. County of Butte to the law firm of Marsh, Marsh, Volpe & Molin - action requested - APPROVE ASSIGNMENT OF COUNSEL. 8. Destruction of records pursuant to Government Code Sections 26201 through 26205 - as part of an ongoing record storage and management project, the Auditor-Controller requests Board approval for destruction of specified records - action requested - APPROVE AUTHORIZATION OF DESTRUCTION OF RECORDS. Consent Agenda 92-469 l. Approval of minutes - action requested - APPROVE MINUTES OF DECEMBER 1, 1992. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-39 (DISTRICT ATTORNEY-FAMILY SUPPORT), B-41 (SOUTH BUTTE COUNTY MUNICIPAL COURT), B-42 (TREASURER-TAX COLLECTOR), B-43 (FARM ADVISOR), AND B-44 (PUBLIC WORKS). 3. Larry D. Hansen - abandonment of a four foot public utility easement, between lots 11 and 12 of the Thengvall Tract, Unit No. 1, identified as AP 029- 250-012 and 013, Richvale - action requested - ADOPT RESOLUTION 92-151 SETTING A PUBLIC HEARING ON JANUARY 26, 1993 AT 10:45 A.M. AND AUTHORI2E THE CHAIR TO SIGN. Page 386 December 15, 1992 December 15. 1992 92-469 4. County Library donations - in accordance with Government Code Section 25355, donations of $800 from Chico Friends of the Library, $501 anonymously, and $100 from American Legion Auxiliary have been received for the Butte County Library Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 5. Private Industry Council - action requested - APPOINT MARC NEMANIC (ECONOMIC DEVELOPMENT AGENCY) TO A TERM TO EXPIRE JUNE, 1994. 6. Butte Caunty Fire Station, Durham - due to lot size and the minimum area for apparatus storage, a variance to the alley setback is required - action requested - GRANT WAIVER OF VARIANCE APPLICATION FEES. 7. Pavlik tentative subdivision map - Rudy Pavlik has provided a savings passbook and qeneral assignment of savings account to guarantee construction of road and drainage facilities for the Pavlik Subdivision - action requested - AUTHORIZE THE CHAIR TO SIGN FIRST ENDORSEMENT-CONFIRMATION OF ASSIGNMENT AND AUTHORIZATION TO PAY INTEREST. 8. Final map - Pavlik Subdivision, AP 61-45-11, eight lots located on the west side of Oroville Quincy Highway at Eden Canyon Road, Lake Madrone area. The developer has provided a letter of credit and savings passbook to guarantee construction of improvements within a period of one year - action requested - APPROVE FINAL MAP; ACCEPT EASEMENTS AS GRANTED IN ITEMS 1 AND 2 OF THE OWNER~S STATEMENT ON BEHALF OF THE PUBLIC; ACCEPT GRANT IN FEE SIMPLE ONE FOOT NO ACCESS STRIP AS OFFERED IN ITEM 3 OF THE OWNER'S STATEMENT; AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT. 9. District Attorney - Board authorization is requested for the purchase, in the maximum amount of $2,900, of a personal computer system for the Family Support Division utilizing Performance Review Implementation Grant funds - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 10. Farm Advisor - the fiscal year 1992-93 budget provided for acquisition of two typewriters at a total cost of $800. Tax and shipping brought the total to $852. Budget transfer B-43 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. Page 387 December 15, 1992 December 15, 1992 92-469 ll. Public Works - Board authorization is requested to purchase a used (demonstrator) Layton Box: towed spot paving machine, with trailer, for $31, 000 plus tax. Budget transfer B-44 has been prepared for the necessary appropriation (monies realized from the recent surplus equipment auction are anticipated to cover a major portion of the cost) - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM. 12. Public Works - Board authorization is requested to purchase from Caltrans two surplus trailer mounted arrowboards at a cost not to exceed $1,700. Funding is available in the equipment acquisition budget through savings in fiscal year 1992-93 equipment purchases - action requested - APPROVE PURCHASE OF FIXED ASSET ITEMS. 13. Treasurer-Tax Collector - Board authorization is requested to purchase computer software in the maximum amount of $25,500 to increase productivity in Central Collections. Funding will be from a HUD Grant ($9,500), anticipated increased revenues validated by the Auditor-Controller ($14,000), and internal realignment of Treasurer's appropriations ($2,000). Budget transfer B-42 has been prepared for the necessary appropriation - action requested - APPROVE PURCHASE OF FIXED ASSET ITEM CONTINGENT UPON APPROVAL OF THE DATA PROCESSING STEERING COMMITTEE. 14. Alternative Dispute Resolution (ADR) - Board authorization is requested to submit a request to the State Controller to permit redistribution of existing filing fees increasing ADR from $3 to $5 - action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (REFER TO 92-489) 15. Investment information report - the Treasurer-Tax Collector submits the November 30, 1992 report in accordance with AB 1073 and the County's investment policy - action requested - ACCEPT FOR INFORMATION. Page 388 December 15, 1992 December 15, 1992 92-469 16. Introduction of a salary ordinance amendment reclassifying a Mental Health Clinician II position to Program Manager - Mental Health to perform the coordinator/administrative responsibilities associated with the children's coordinator for Youth Treatment Services. Cost savings in support of the recommended classification change is realized by reducing a full time psychiatrist position to 3/4 time for a net decrease of approximately $28,704 for the first year with the continuing salary savings through the next four years until 5th step of the assigned salary range is reached - action requested - WAIVE READING OF THE ORDINANCE. 17. Resolution stating findings that it is not appropriate for Butte County to implement the State of California Model Water Efficient Landscape Ordinance - action requested - ADOPT RESOLUTION 92- 152 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12/1/92) 18. Resolution honoring C. Phillip Kelly, Jr., Paradise for his service as the representative of District 5 on the Butte County Water Commission - action requested - ADOPT RESOLUTION 92-153 AND AUTHORIZE THE CHAIR TO SIGN. 19. Resolution establishing office hours - Department of Development Services - pursuant to Butte County Code Section 2-1, a resolution has been prepared establishing office hours open to the public as 8:00 a.m. to 5:00 p.m., Monday through Friday - action requested - ADOPT RESOLUTION 92-154 AND AUTHORIZE THE CHAIR TO SIGN. 20. Notice of completion for paving of Larkin Road (Almond Avenue to Dos Rios Road), County Contract No. 02392-91-2 - all work has been completed in accordance with the plans and specifications - action requested - ACCEPT PROJECT, AUTHORIZE CHAIR TO SIGN THE NOTICE OF COMPLETION, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION. 21. Notice of completion for reconstruction of Lone Tree Road Bridge at Wyman Ravine, Federal Bridge Replacement Project No. BRLO-5912(001) - all work has been completed in accordance with the plans and specifications - action requested - ACCEPT PROJECT, AUTHORIZE CHAIR TO SIGN THE NOTICE OF COMPLETION, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION. Page 389 December 15, 1992 December 15. 1992 92-469 22. Notice of completion for reconstruction of Midway Bridge across North Fork Hamlim Slough, Federal Bridge Replacement Project No. BRLS-5912(2) - all work has been completed in accordance with the plans and speciFications - action requested - ACCEPT PROJECT, AUTHORIZE CHAIR TO SIGN THE NOTICE OF COMPLETION, AND AUTHORIZE FILING OF THE NOTICE OF COMPLETION. 23. 1992/93 State Department of Food and Agriculture pest detection contract no. 92-0199 - contract amendment no. 1 increases the original amount of the contract from $23,390 to $28,355 (State funds~ - action requested - APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. 24. Viacom Cable Television tax appraisal litigation - the counties of Butte, Colusa, Contra Costa, Marin, Alameda, Napa, San Francisco, Shasta, Sonoma and Tehama have jointly appraised Viacom's taxable possessory interests in those ten counties. The appraisal methodology has been challenged and is the subject of pending litigation. The ten counties have developed a budget for expert witness/consultant expenses. Butte County has been asked to share in this cost on a percentage allocation basis (3.38 percent), and is capped at $11,900 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 25. Butte County Fair Association - Certificate of Amendment of Articles of Incorporation - the Fair is continuing to pursue tax exempt status as a 501(c)(3) non-profit corporation, and the proposed amendment, approved by the Fair Board of Directors on November 17, 1992, is a requirement of the Internal Revenue Service - action requested - APPROVE CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATION. 26. Paradise Memorial Hall underground tank removal - a proposal has been received from RESNA Industries to perform additional ground water monitoring work as required by the California Regional Water Quality Control Board in the amount of $10,650 - action requested - APPROVE THE WORK AUTHORIZATION AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN, SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 390 December 15, 1992 December 15. 1992 92-469 27. Chico Professional Offices - proposed is a lease agreement for 578 Rio Lindo Avenue, Suite #4, Chico, which is the office of the County's Mental Health Youth Treatment Services. The lease agreement commences October 1, 1992 through September 30, 1993 in the amount of $1,089.88 per month - action requested - APPROVE LEASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 28. Butte County Deputy Sheriff's Association - general and management units - County labor negotiators have reached a tentative labor contract agreement on a new Memorandum of Understanding (MOU) to cover the period October 1, 1992 through September 30, 1994 - action requested - RATIFY TENTATIVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN, AND AUTHORIZE THE DIRECTOR-PERSONNEL AND COUNTY LABOR NEGOTIATOR TO PREPARE THE FORMAL WRITTEN LANGUAGE OF THE MOU FOR BOARD RATIFICATION. 29. Butte County Association of Governments (BCAG) - proposed is an agreement regarding the nature and level of personnel function that will be provided to BCAG by the County's Personnel Department. These areas include aspects of recruitment and selection, personnel policy development, and employee benefits for BCAG staff. The agreement is in the amount of $500 per month plus actual costs associated with recruitment activities - action requested - AUTHORIZE THE DIRECTOR-PERSONNEL TO FINALIZE THE AGREEMENT WITH BCAG FOR PERSONNEL SERVICES. 30. City of Chico/County of Butte Joint Street Facilities Improvement Fee Project No. 20-345 - an agreement has been prepared for the reconstruction of Warner Street (West Avenue to West Sixth Avenue), and intersection signalization at Sacramento Avenue and Warner Street. The County will pay 3o percent of project costs, excepting sanitary sewer facilities and the installation of the traffic signal, which the City will pay 100 percent - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 31. General Assistance fair hearing referee agreement - the County is required to provide "Fair Hearings" to General Assistance recipients who are dissatisfied with an action by the Welfare Department - action requested - AUTHORIZE THE CHAIR TO SIGN A TERMINATION LETTER, ENDING THE CONTRACT BETWEEN LEO BATTLE AND THE COUNTY OF BUTTE, AND AUTHORIZE COUNTY COUNSEL TO ACT AS REFEREE (FAIR HEARING OFFICER). Page 391 December 15, 1992 December 15. 1992 92-469 32. Invitations for Bid (IFB) for food stamp issuance - the U.S. Postal Service has notified the Welfare Department of their intent to terminate the food stamp issuance contract "as soon as possible" - action requested - AUTHORIZE THE SOLICITATION OF INVITATIONS FOR BID (IFB). 33. Unit modification appeal - Dave O'Farrill - the Honorable Stanley C. Young (retired) held an appeal hearing on November 12, 1992. Judge Young found that the County's position in the matter was correct, and found no violation of its personnel rules and relevant code sections - action requested - ADOPT FINDINGS AND DECISION OF THIRD PARTY HEARING OFFICER. 34. Chico Memorial Hall painting - letters of appreciation - action requested - APPROVE LETTERS OF APPRECIATION TO PARTICIPATING AGENCIES AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO APPROVE THE REMOVAL OF ITEMS 3.11, 3.29, 3.30 AND 3.41. S M ~OTE : 1 Y 2 Y 3 Y 4 Y 5 Regular Agenda CONSENT AGENDA WITH THE 3.17, 3.18, 3.20, 3.27, Y (Unanimously Carried) 92-470 Appointments - co~amissions and committees. a. Appointments to committee vacancies. MOTION: I MOVE TO APPOINT RICHARD C. FARLEY AS THE DISTRICT 4 APPOINTMENT TO THE ECONOMIC DEVELOPMENT CORPORATION OF BUTTE COUNTY, OVERALL ECONOMIC DEVELOPMENT PROGRAM COMMITTEE, AND INDUSTRIAL DEVELOPMENT AUTHORITY. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 92-471 Presentations in honor of Supervisors Fulton and McInturf. (120j (PRESENTATION TO SUPERVISOR McINTURF BY CHAIR DOLAN OF A PLAQUE EXPRESSING APPRECIATION FOR DEDICATED SERVICE, BUTTE COUNTY BOARD OF SUPERVISORS, DISTRICT 1, JANUARY 8, 1985 TO DECEMBER 31, 1992) (PRESENTATION TO SUPERVISOR FULTON BY SUPERVISOR McLAUGHLIN OF A PLAQUE EXPRESSING APPRECIATION FOR DEDICATED SERVICE, BUTTE COUNTY BOARD OF SUPERVISORS, DISTRICT 5, MARCH 23, 1982 TO DECEMBER 31, 1992) Page 392 December 15, 1992 December 15, 1992 92-472 Presentation to C. Phillip Kelly, Jr. of a resolution in recognition of his service as the representative of District 5 on the Butte County Water Commission. (610) (PRESENTATION OF RESOLUTION BY SUPERVISOR FULTON) 92-473 Items removed from the Consent Agenda for Board consideration and action. 1. Director - Libraries - proposed is a three year employment contract with the salary of $49,660 in accordance with the County's current salary ordinance (general fund) - action requested - APPROVE CONTRACT AND APPOINTMENT OF NANCY BROWER AS THE DIRECTOR-LIBRARIES AND AUTHORIZE THE CHAIR TO SIGN. (768) MOTION: I MOVE TO APPROVE CONTRACT AND APPOINTMENT OF NANCY BROWER AS THE DIRECTOR-LIBRARIES AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-474 Introduction of Nancy Brower, Director-Libraries. (INTRODUCTION OF NANCY BROWER BY CHAIR DOLAN) (805) 92-475 Department head compensation - action requested - ADOPTION OF A SALARY ORDINANCE AMENDMENT TO INCREASE DEPARTMENT HEAD SALARIES BY FOUR PERCENT EFFECTIVE WITH THE PAY PERIOD BEGINNING JANUARY 2, 1993 AND AUTHORIZE THE CHAIR TO SIGN. (830) MOTION: I MOVE TO DEPARTMENT EFFECTIVE JANUARY 2, SIGN. M VOTE: 1 Y 2 Y ADOPT ORDINANCE 3041 TO INCREASE HEAD SALARIES BY FOUR PERCENT WITH THE PAY PERIOD BEGINNING 1993 AND AUTHORIZE THE CHAIR TO S 3 N 4 N 5 Y (Motion Carried) RECESS: 10:02 A.M. RECONVENE: 10:16 A.M. Page 393 December 15, 1992 ^ ~ December 15, 1992 Public Hearings and Timed Items 92-476 Continued hearing - University Foundation, California State University, Chico - consideration of an appeal of the requirement for an environmental impact report and an appeal of a denial of a 13 parcel tentative parcel map on property identified as Assessor parcels 040-600-019 and - 022, inclusive, and located on the east side of Highway 99 from Neal Road to Butte Creek south of Chico. (1825) (PUBLIC HEARING OPENED AND CONTINUED OPEN TO JANUARY 26, 1993 AT 11:00 A.M.) Regular Agenda (SUPERVISOR HOUX NOT PRESENT) 92-477 Greater Chico Urban Area Redevelopment - introduction of an ordinance (1) authorizing the Chico City Council to amend the redevelopment survey area; and (2) authorizing the City of Chico to prepare a redevelopment plan, subject to further County approval and subject to a cooperative agreement - action requested - WAIVE READING OF THE ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN THE COOPERATIVE AGREEMENT. (2038) MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN THE COOPERATIVE AGREEMENT. M S VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y(Unanimously Carried) (SUPERVISOR HOUX PRESENT) Public Hearinas and Timed Items 92-478 Continued hearing - Sierra West Surveying on behalf of William Davis - consideration of an appeal of Development Review Committee's denial of a tentative vesting subdivision map (item for which environmental review is not required) , AP 40-10-14, 24 and 25, six lots, property located on the south side of Garden Drive, 2200 feet west of Lott Road, Durham area. (2516) MOTION: I MOVE TO UPHOLD THE APPEAL WITH FINDINGS THAT THE PROJECT IS IN COMPLIANCE WITH POLICIES OF THE GENERAL PLAN AND IS ALSO IN CONFORMANCE WITH THE PREVIOUS A-5 ZONING. THE PROJECT IS REFERRED BACK TO THE DEVELOPMENT REVIEW COMMITTEE FOR HEARING UPON COMPLETION OF THE NECESSARY ENVIRONMENTAL DOCUMENTS AND DEVELOPMENT OF THE NECESSARY CONDITIONS OF APPROVAL. S M VOTE: 1 Y 2 N 3 Y 4 Y 5 Y(Motion Carried) Page 394 December 15, 1992 December 15. 1992 92-479 Public hearing - Neal Road Landfill - conversion of gate fees from a volume to weight basis (includes a 1.82 percent cost of living allowance) - action requested - ADOPT RESOLUTION REVISING GATE FEES FOR THE OPERATION AND MAINTENANCE OF NEAL ROAD SANITARY LANDFILL EFFECTIVE FEBRUARY 1, 1993, AND AUTHORIZE THE CHAIR TO SIGN. (3050) (**00) MOTI~N: I MOVE TO ADOPT RESOLUTION 92-155 REVISING GATE FEES FOR THE OPERATION AND MAINTENANCE OF NEAL ROAD SANITARY LANDFILL EFFECTIVE FEBRUARY 1, 1993, AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) RECESS: 11:50 A.M. RECONVENE: 12:05 P.M. Regular Aqenda 92-480 Consideration of Board direction for County Counsel and Development Services to review use of private airports. (20~0> MOTION: DIRECT COUNTY COUNSEL AND DIRECTOR-DEVELOPMENT SERVICES TO REVIEW THE USE OF PRIVATE AIRPORTS (HOG CREEK RANCH AIRPORT) WITHIN THE COUNTY TO BETTER DEFINE, CONTROL, AND LIMIT THEIR USE IN ORDER TO AFFORD SOME PROTECTION TO LANDOWNERS ON ADJOINING PROPERTIES. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-481 Presentation by the Butte County Citizens for Fair Government of a"takings ordinance" proposal and interim land management plan. (2302) (***00) MOTION: I MOVE TO TAKE THIS UNDER ADVISEMENT, STUDY AND DISCUSSION WITH THE APPROPRIATE COMMITTEE OR BODY. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) RECESS: 1:24 P.M. RECONVENE: 2:40 P.M. Page 395 December 15, 1992 December 15, 1992 92-482 South County Municipal Court - Board approval is requested to authorize the issuance of a request for qualifications/proposals (RFQ/RFP) for architect/engineering services for the proposed court construction at County Center - action requested - AUTHORIZE RELEASE OF RFQ/RFP. (1636) MOTION: I MOVE TO AUTHORIZE RELEASE OF A RFQ/RFP. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) {SUPERVISOR McLAUGHLIN NOT PRESENT) 92-483 Request for reimbursement of Supervisor McLaughlin's legal expenses in regard to Fair Political Practices Commission (FPPC) prosecution. (1750) MOTION: I MOVE TO REIMBURSE SUPERVISOR McLAUGHLIN FOR LEGAL EXPENSES IN REGARD TO FAIR POLITICAL PRACTICES COMMISSION (FPPC) PROSECUTION. S M VOTE: 1 Y 2 Y 3 N 4 NP 5 Y(Motion Carried) (SUPERVISOR McLAUGHLIN PRESENT) 92-484 Consideration of contracting for countywide legal notice advertising. (2430) MOTION: I MOVE TO DIRECT ADMINISTRATION TO RESEARCH WHICH NEWSPAPERS QUALIFY AS A NEWSPAPER OF GENERAL CIRCULATION, WHAT THE STATUTES REQUIRE IN TERMS OF ADVERTISING OF LEGAL NOTICES, GET AN IDEA OF WHAT IS BEING SPENT AND WHERE, AND ESTABLISH OTHER GUIDELINES FOR COUNTYWIDE LEGAL ADVERTISING FOR THE MOST COST EFFECTIVE USE OF COUNTY ADVERTISING FUNDS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-485 Items removed from the Consent Agenda for Board consideration and action. 1. Surplus property - micrographic equipment - the Print shop has transferred micrographic equipment to Purchasing surplus as it is obsolete and no longer needed by the County - action requested - DECLARE ITEMS SURPLUS AND AUTHORIZE THE PURCHASING AGENT TO SELL THE EQUIPMENT BY SEALED BID. (2864) MOTION: I MOVE TO DECLARE ITEMS SURPLUS AND AUTHORIZE THE PURCHASING AGENT TO SELL THE EQUIPMENT BY SEALED BID. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Page 396 December 15, 1992 December 15, 1992 92-485 2. Adoption of a salary ordinance amendment increasing the salary ranqe level from 235 to 252 for the Substance Abuse Program Coordinator (Mental Health), from salary range level 98 to 108 for Supervisor-Micrographics (County Clerk-Recorder), and from salary range 117 to 127 for Supervisor- Recordable Documents (County Clerk-Recorder) - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (2882j MOTION: I MOVE TO ADOPT ORDINANCE 3042 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 3. Introduction of a salary ordinance amendment implementing personnel issues contained within the 1992-93 final budget, and approved by the Board on September 29, 1992 - action requested - WAIVE READING OF THE ORDINANCE. (3048) MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 4. Introduction of a salary ordinance amendment increasing the funding of a Probation Department office assistant II, I position from half time to full time utilizing asset seizure funds - Butte Anti-Drug Special Supervision Grant (BASS) - action requested - WAIVE READING OF THE ORDINANCE. (3084) (**00) MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 5. Assignment of counsel - County Counsel proposes assigning John C. Williams v. County of Butte to the law firm of Marsh, Marsh, Volpe & Molin - action requested - APPROVE ASSIGNMENT OF COUNSEL. (60) MOTION: I MOVE TO APPROVE ASSIGNMENT OF COUNSEL. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) Page 397 December 15, 1992 December 15. 1992 92-485 6. Assignment of counsel - County Counsel proposes assigning Huntington Brothers v. County of Butte to the law firm of Marsh, Marsh, Volpe & Molin - action requested - APPROVE ASSIGNMENT OF COUNSEL. (75) MOTION: I MOVE TO APPROVE ASSIGNMENT OF COUNSEL. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 7. Destruction of records pursuant to Government Code Sections 26201 through 26205 - as part of an ongoing record storage and management project, the Auditor-Controller requests Board approval for destructian of specified records - action requested - APPROVE AUTHORIZATION OF DESTRUCTION OF RECORDS. (90) MOTION: I MOVE TO APPROVE AUTHORIZATION OF DESTRUCTION OF RECORDS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-48b Resolution of the Board of Supervisors of the County of Butte supporting emergency connection of Rancho Esplanade Mobilehome Park, 3549 Esplanade, Chico, to the City of Chico public sewer system. (140) MOTION: I MOVE THAT THE NEED FOR ACTION ~N THE RESOLUTION SUPPORTING THE EMERGENCY CONNECTION OF RANCHO ESPLANADE MOBILEHOME PARK TO THE CITY OF CHICO PUBLIC SEWER SYSTEM AROSE AFTER PREPARATION OF THE AGENDA. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) MOTION: I MOVE TO ADOPT RESOLUTION 92-156 SUPPORTING THE EMERGENCY CONNECTION OF RANCHO ESPLANADE MOBILEHOME PARK TO THE CITY OF CHICO PUBLIC SEWER SYSTEM. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y(Unanimously Carried) 92-487 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.) (275) Page 398 December 15, 1992 n December 15. 1992 .~ 92-487 1. Louis Camenzind, Jr., Durham - surface mining excavation fees and SMARA regulations. 2. Gordon Thomas, Stirling City - extended his personal thank you to Len Fulton for his ten years of service to Butte County as Supervisor, District 5. 92-488 CLOSED SESSION: The Board recessed at 3:38 p.m. to a closed session for the purpose of actual litiqation pursuant to Government Code Section 54956.9(a) (Graves v. County of Butte), potential litigation pursuant to Government Code Section 54956.9(b) (1), and a personnel matter. (SUPERVISOR HOUX NOT PRESENT) RECONVENE: The Board reconvened at 4:27 p.m. following a closed session for the purpose of actual litigation pursuant to Government Code Section 54956.9(a) (Graves v. County of Butte), potential Zitigation pursuant to Government Code Section 54956.9(b)(1), and a personnel matter. (614) (REFER TO MINUTE ORDER 92-490) 92-489 Alternative Dispute Resolution (ADR) - Board authorization is requested to submit a request to the State Controller to permit redistribution of existing filing fees increasing ADR from $3 to $5 - action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN INCREASING ADR FROM $3 TO $8. M S VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y(Unanimously Carried) 92-490 CLOSED SESSION - CLAIM FOR OVERTIME HOURS WHICH WERE UNCOMPENSATED. MOTION: I MOVE TO GRANT 240 HOURS ADMINISTRATIVE LEAVE TO TONY KOESTER, DISTRICT ATTORNEY~S OFFICE, IN ACCORDANCE WITH SECTION 11.04 OF THE LAW ENFORCEMENT-MANAGEMENT UNIT MEMORANDUM OF UNDERSTANDING IN EXCHANGE FOR MR. KOESTER'S WAIVER OF ANY AND ALL PAST FEDERAL FAIR LABOR STANDARDS ACT (FLSA) CLAIMS. S M VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y(Unanimously Carried) Page 399 December 15, 1992 December 15, 1992 92-491 Communications CONIIKUNICATIONS OFFICE.) Communications ,--. received and referred. (COPIES OF ALL ARE AVAILABLE IN THE CLERK OF THE BOARD a. Alvie Hawks, Paradise - submits his resignation as the District 5 representative on the Fish and Game Commission (first appointed in 1955) effective December 31, 1992 - action requested - ACCEPT RESIGNATION, AUTHORIZE LETTER OF APPRECIATION, AND REFER TO CLERK OF THE BOARD. b. Michael W. Arens, President, Butte County Farm Bureau - forwards notification to the Board of their official recognition of Richard Price, Butte County Agricultural Commissioner, for his outstanding participation and cooperation in the Agriculture Chemical Collection Program, wherein approximately 20,000 pounds of no longer usable or wanted pesticides, herbicides, etc. were safely and legally disposed of by incineration - action requested - APPROVE LETTER OF APPRECIATION TO RICHARD PRICE, AND AUTHORIZE THE CHAIR TO SIGN. c. James W. Van Loben Sels, Director, State Department of Transportation - thanks the Board for their letter requesting that Caltrans integrate an extension of State Route 191 into the planning and budgeting cycles of the State Transportation Improvement Plan (STIP). Mr. Van Loben Sels requested that the Board work closely with the District, and advised the Board that Mr. John Allison, Director of District 3, will assist in this partnership in all the appropriate areas - action requested - REFER TO CHIEF ADMINISTR.ATIVE OFFICER AND DIRECTOR-DEVELOPMENT SERVICES. ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 12:30 p.m. to reconvene on Tuesday, January 12, 1993 at 9:00 a.m. r / ~ ~. ANNE HOUX, Chair ATTEST: JoHN S. BLACKLOC , Chief Administrative Officer and Clerk of t e~Board of Supervisors By : a.~ ~ Page 400 December 15, 1992