HomeMy WebLinkAboutM121686December 151, 1986
Call to order -Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville. Present:
Supervisors Dolan Fulton, Mcznturf, Wheeler and Chairman McLaughlin.
Martin J. Nichols, chief administrative officer, by Mike Pyeatt, deputy
administrative officer; Harvey Wallace, county course].; and Rubye
Tawnsley, deputy clerk of the Board.
Pledge of allegiance to the Flag of the United States of America.
86-697 Chairman McLaughlin presented Supervisor Wheeler with a plaque in
(13) appreciation of her eight years of service to the county as a
supervisor.
86-698 Additional items from Board members to be addressed at the end of the
(232) day. {NONE}
86-699 Items added to the Consent Agenda:
(238)
1. Correction to minutes of December 2, 1986
2. Child Abuse Vertical Prosecution {CAVP Program} - a resolution has
been prepared authorizing submittal of a grant to the State Office
of Criminal Justice Planning in the amount of X92,867.
Page 110
Consent Amanda
86-700 1. Approval of minutes. APPROVED MINUTES OF DECEMBER 2, 1986.
{2~4} 2. Budget transfers. APPROVED BUDGET fiRANSFERS B-~~, B-45, B-
48, B-49, B-54 AND B-51.
3. David Foster -rezone (item determined to be categorically
exempt from environmental review) from A-R {agriculture
residential? to AR-MH {agricultural residential mobile home)
located on the north side of Nelson Avenue at the
intersection of 16th Street, identified as AF 30-42-104, 105,
Oroville (File 87-13?. SET HEARING DATE FOR JANUARY 24, 1986
AT 11:34 A.M.
4. Gordon Mathews -General Plan amendment from orchard and
field crops to industrial, rezone from U tunclassified) to M-
2 heavy industrial), and a development agreement fora 54
year gravel extraction and processing plant lease on property
located approximately one and one-half miles west of State
Highway 70, along the Feather River and seven miles south of
Oraville, three-quarters of a mile south of Palermo Road,
one-half mile north of Fower House Hill Road, identified as
AP 25-16-47, south of Oroville. SET HEARING DATE FOR JANUARY
20, 1986 AT 2:44 P.M.
5 Darrel W. Kilter - appeal of Gordon Mathews mining permit and
reclamation plan to allow gravel extraction and a processing
plant on a 51 acre site for up to 50 years titem on which a
mitigated negative declaration regarding environmental impact
has been recommended), on property located approximately one
and one-half miles west of State Highway 70, along the Feather
River and seven miles south of Oroville, three-quarters of a
mile north of Power House Hill Road, identified as AP 25-16-
47, south of Oroville. SET HEARING DATE FOR JANUARY 24, 1986
AT 2:00 P.M.
6. Appointments to Durham Mosquito Abatement District.
APPOINTED CHARLES POOLER AND JOHN HOUGHTON TO SERVE UNTIL
DECEMBER 31, 1988.
7. Appointments to Butte County Fair Board. APPOINTED
R. R. DICK CASSADY, DISTRICT ~, AND JOE CARLTLE, DISTRICT 4
TO SERVE UNTIL JANUARY 16, 1990
Page 171
December 16, 1986
8. Appointment to Personnel Appeals Commission -the Management
Council submits the nomination of Mrs, Stephanie Edwards-
Norfleet to replace Bonnie Huntington as the alternate
representative to the Personnel Appeals Commission.
APPOINTED STEPHANIE EDWARDS-NORFLEET AS THE MANAGEMENT
ALTERNATE REPRESENTATIVE TO SERVE UNTIL DECEMBER 31, 1988.
9. Butte County Library donations - in accordance with
Government Cade Section 25355, the following donations have
been received: $500 from the Environment Committee of
Soroptimist International of Chico, Inc. for the purchase of
books and $iflfl from Roble Amer for the purchase of books.
ACCEPTED DONATION AND AUTHORIZED LETTER OF APPRECIATION.
10. Gary E. Wilson, attorney at law - on behalf of
Gary Phillipsan {a minor? and Ella Walter, files a claim in
• the amount of $100,x00 as a result of alleged injuries and
damages sustained on or about September 12, 1986 on the
school grounds of Loma Vista School in Chico. REJECTED CLAIM
AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
11. Dan A. Cameron, attorney at law - on behalf of David Murray
files a claim in the amount of $10,000,000 as a result of
alleged damages sustained on or about September 18 or 19,
1985 while incarcerated in the Butte County Jail. REJECTED
CLAIM AND REFERRED TO COUNTY COUNSEL AND RISK MANAGEMENT.
12. Les Hait, attorney at law - on behalf of Leslie Edward
Wooldridge, files a claim in the amount of $90,flflfl as a
result of alleged injuries and damages sustained on or about
October 6, 1986 involving an accident with a Sheriff's
Department vehicle. REJECTED CLAIM AND REFERRED TO COUNTY
COUNSEL AND RISK MANAGEMENT.
13. Change Order No. 1 - Butte County superior Court remodel
project - a change order has been prepared in the increasing
amount of $1,643.04 in order to make modifications to the
ceiling system, $859.04 and to replace a portion of the
courtroom carpeting, $784. APPROVED CHANGE ORDER AND
AUTHORIZED THE CHAIRMAN TO SIGN.
14. Probation Department computer software -the Probation
Department requests authorization to acquire Data Base III
Plus software in the estimated amount of $416. AUTHORIZED
acquisition OF FIXED ASSET ITEM.
15. Investments information report - the Treasurer-Tax Collector
submits the November 30, 1985 report in accordance to AB 1fl73
and the county's investment policy. ACCEPTED FOR
INFORMATION.
Page 112
December 16, 7986
16. Agricultural Commissioner department fees - a resolution has
been prepared adding a new fee for the acarine mite
quarantine, issuance of new certificates. new elements of
major inspection programs and provides for updating past
Board fees. ADOPT RESOLUTION 86-165 AND AUTHORIZED THE
CHAIRMAN TO SIGN.
17. Viacom transfer of control - a resolution has been prepared
which would provide Board of Supervisors' approval to permit
the transfer of Viacom International, Inc. and the assignment
of a13 applicable cable television franchise obligations.
ADOPTED RESOLUTION 86-166 AND AUTHORIZED THE CHAIRMAN TO
SIGN.
18. Ordinance establishing speed limit -the Public Works
Department has completed traffic studies on Cussick avenue
and Godman avenue and recommends they be speed zoned as
follows: Cussick Avenue (from West Lindo Avenue to end? to
35 miles per hour and Godman Avenue {from Lassen avenue to
Eaton Road? to 25 miles per hour. WAIVED THE SECOND READING
AND ADOPTED ORDINANCE 2569.
19. Ordinance amendment Butte County Code Section 19-10 regarding
the placement of septic systems. WAIVED THE SECOND READING
AND ADOPTED ORDINANCE 2570.
2U, Salary ordinance amendment - the amendment adds one road
maintenance worker I position to the Public Works Department,
establishes the literary project director as a regular help
position in the Library, and combines the classifications of
accountants and internal auditors in the Auditor's Office for
greater assignment flexibility, and adds four new social
worker positions in the Welfare Department to meet increasing
work load requirements. WAIVED THE SECOND READING AND
ADOPTED ORDINANCE 2571.
21. Salary ordinance amendment - the ordinance provides for cost-
of-living adjustments to appointed and elected department
heads as granted MCS Unit employees. WAIVED THE FIRST
READING OF THE ORDINANCE.
22. Agreement to retain attorney services - Ingoglia, Marskey,
Kearney and Kuperstein - the agreement covers legal services
for assigned litigation and is in the amount of $80 per hour
for partners and $75 per hour for associates, plus expenses.
APPROVED AGREEMENT AND AUTHORIZED THE CHAIRMAN TO SIGN.
23. Contract release -the Director of Health requests Board
authorization to approve a contractor's release with the
State Department of Health Services for Contract No. 84-83543
covering the Family Planning Program during the 1984-85 fiscal
year as all payments have been received for the contract.
AUTHORIZED THE CHAIRMAN TO SIGN THE CONTRACT RELEASE FORM.
Page:~:713
December 16, 198fi
24. 1987-90 Child Health and Disability Prevention Program Multi-
year Plan - the plan has been prepared for submission to the
State department of Health Services for the program which
provides health screening for children entering the first
grade and kindergarten, as well as those under 21 who are
eligible for Meth-Cal and includes a complete health
assessment, dental screening, blood and urine tests, TB
tests, vision screening, development assessment, hearing
testing, etc. APPROVED THE MULTI-YEAR PLAN AND AUTHORIZED
THE CHAIRMAN TO SIGN THE PLAN.
25. Federal challenge grant funds -notification has been
received by the State Department of Social Services that
Butte County 'is eligible for $19,126 of federal challenge
grant funds made available under Welfare and Institutions
Code Section 18965 through 189fi8 and Public Law 98-473.
funding is to be utilized for child abuse prevention services
within the department. AUTHORIZED THE CHAIRMAN TO SIGN THE
APPLICATION ASSURANCE FORM ON BEHALF OF THE COUNTY.
26. Liability claims adjusting service contract - a renewal
agreement has been prepared with George Hills Company to
provide claims adjusting services for the county's general
liability insurance program for calendar year 1987. The
agreement increases the adjuster fee from $32 per hour to $34
per hour with all other terms and conditions remaining
unchanged. APPROVED CONTRACT AND AUTHORIZED THE CHAIRMAN TO
SIGN.
27. Butte County Search and Rescue -request for waiver of
building permit fees - the organization requests the waiver
of building permit tees totaling $5fl0,50 covering the
construction of a metal storage building to house county-
owned and organization equipment. AUTHORIZED A WAIVER OF
BUILDING PERMIT FEES..
28. Parklands Bond act - a resolution has been prepared approving
submittal of city and county funding of the county's $239,000
allocation of Proposition 43 funding. ADOPTED RESOLUTION 86-
167 APPROVING THE ALLOCATION OF FUNDS.
29. Substance Abuse advisory Board travel request - Board
authorization is requested for reimbursement to Beverly
Verlinde in attending a workshop in the approximate amount of
$50. AUTHORIZED TRAVEL REIMBURSEMENT.
30. Chief Administrative Officer absence. EXCUSED ADMINISTRATIVE
OFFICER FROM MEETING OF DECEMBER 16, 19$6
Page 114
December 76, 1986
31. Correction to minutes of December 2, 1,986. AMENDED MINUTE
ORDER 85-675 TO REFLECT THAT THE MOTION SHOULD READ 'APPROVED
GRANT APPLICATION,' AND AMENDED MINUTE ORDER $6-696 TO SHOW
THAT SUPERVISOR FULTON WAS ABSENT.
32. Child Abuser Vertical Prosecution {CAVP Program} - a
resaiution has been prepared authorizing submittal. of a grant
to the State Office of Criminal Justice Planning in the
amount of $92,857. ADOPTED RESOLUTION 86-1.58 APPROVING
SUBMITTAL OF GRANT APPLICATION.
Motion: APPROVED CONSENT AGENDA.
S M
Vote: I Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
86-701 Consideration of telephone system agreement and financing:
(262)
a. Modification to agreement with Pacific Bell allowing
prepayment of telephone service charges.
b. Lease agreement with Security Pacific Merchant Banking Group
to finance equipment.
c. Resolution determining to lease equipment, approving the form
of and authorizing the execution and delivery of an equipment
lease and agreement in connection with the lease financing
and authorizing execution of necessary certificates.
d. Agreement with Orrick, Herrington and Sutcliffe for bond
counsel services.
Motion: APPROVED MODIFICATION TO AGREEMENT WITH PACIFIC BELL;
APPROVED LEASE AGREEMENT WITH SECURITY PACIFIC MERCHANT
BANKING GROUP; ADOPTED RESOLUTION $6-169 REGARDING LEASE
OF EQUIPMENT; AND APPROVED AGREEMENT WITH ORRICK,
HERRINGTON AND SUTCLIFFE FOR BOND COUNSEL SERVICES, AS
RECOMMENDED BY THE TREASURER/TAX COLLECTOR IN HIS MEMO
TO THE BOARD.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Page 115
December 16, 1986
86-702 Interpretation of uses allowed in agriculture five acre minimum
(552) zones relating to the home occupation ordinance. (Supervisor
Wheeler) (from 12/2/86) (NO ACTION TA~CEN. MATTER HAS BEEN
RESOLVED.}
86-703 Report from Chief administrative Officer regarding reorganization
(556) plan far the Administrative Office assuming the interim Personnel
function. (from 11/17186)
Motion: APPOINTED MARTIN J. NICHOLS AS INTERIM PERSONNEL
DIRECTOR, EXCLUSIVE OF ANY ADDITIONAL COMPENSATION.
S M
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried}
85-704 State Water Project Entitlement Study -- the Water Commission for-
(643) wards the State Water Project Entitlement Study prepared by the
engineering firm of Leedshill-Herkenhoff, Inc. ACCEPTED STUDY;
DIRECTED COPIES OF THE STUDY TO BE SENT TO LOCAL WATER ENTITIES,
AGRICULTURAL INTERESTS, STATE AND FEDERAL AGENCIES AND CONCERNED
CITIZENS; AND DIRECTED ALL RESPONSES CONCERNING THE STUDY TO THE
WATER COMMISSION.
Motion: AUTHORIZED COMMENTS OF SUPERVISOR WHEELER OUTLINED IN
HER MEMO OF DECEMBER 1, 1986 TO BE SUBMITTED TO
LEEDSHILL-HERKENHOFF, INCORPORATED, FOR A RESPONSE BACK
TO THE BOARD PRIOR TO THE DRAFT STUDY BEING SENT TO
OTHER AGENCIES FOR COMMENTS. GAVE DIRECTION TO THE
ADMINISTRATIVE STAFF TO GIVE SERIOUS CONSIDERATION TO
THE FEASIBILITY OF CONTRACTING A CONSULTANT, ON--CALL FEE
SERVICE BASIS, FOR WATER ISSUES FOR THIS BOARD, AND TO
GIVE CONSIDERATION TO BECOMING MEMBERS OF THE STATE
WATER CONTRACTORS.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
(1667) Recess: The Board recessed at 10:20 a.m. to convene as the Air
Pollution Control Board of Directors.
Reconvene: The Board reconvened at 10:22 a.m.
,#„~ Closed Session: The Board recessed at 10:22 a.m. fora closed
~a session on meet and confer; lawsuits of Estrella
Canyon Park, Bones, Paulsen, and potential
litigation of Hobbs and State of California
(Measure E}.
(1319) Reconvene: The Board reconvened at 11:42 a.m. {SEE FOLLOWING MINUTE
ORDER.}
{SUPERVISOR FULTON ABSENT AT THIS TIME.)
Page.li6
December 16, 1986
86-705 Report on closed session.
{1321)
Nation: AUTHORIZED AN APPEAL OF THE AWARD OF ATTORNEY'S FEES IN
THE ESTRELLA MATTER.
S M
Vote: l Y 2 Y 3 Y ~ Y 5 AB (Motion Carried)
Motion: RATIFIED M.O.U. WITH THE GENERAL UNIfi.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion Carried?
Motion: ADOPTED ORDINANCE 2572 IMPLEMENTING THE 2-1/2`•k RAISE FOR
THE MCS AND GENERAL UNITS, EFFECTIVE JANUARY 10, 1987.
M S
Vote: l Y 2 Y 3 Y 4 Y 5 AB (Motion Carried)
(SUPERVISOR FULTON PRESENT AT THIS TIME.)
Motion: ADOPTED RESOLUTION 86-170 APPLYING FOR S.D.T. FOR THE
MCS UNIfi, PURSUANT TO THE MEMORANDUM OF UNDERSTANDING.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(AN ANNOUNCEMENT WAS MADE THAT THE COUNTY WOULD NOT BE OPEN TO THE
PUBLIC ON DECEMBER 25, 1986.)
Motion: AUTHORIZED INSTITUTION OF NECESSARY LEGAL ACTION TO
IMPLEMENT MEASURE E, INCLUDING, IF NECESSARY, A LAWSUIT
AGAINST THE STATE OF CALIFORNIA AND/OR STATE OFFICIALS.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Motion: AUTHORIZED LETTERS TO MR. NEILSEN, MR. CHANDLER AND MR.
STATHAM INVITING THEM TO COME TO A BOARD MEETING IN
JANUARY AND EXPLAIN THEIR POSITION ON MEASURE E AND TO
LISTEN TO COUNTY'S REASONS FOR ENGAGING IN LITIGATION ON
MEASURE E AND WHY 75~ OF BOARD`S CONSTITUENTS VOTED IN
FAVOR TF TT.
S M
Vote: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(NO ACTIONS TAKEN REGARDING OTHER CLOSED SESSION MATTERS.)
Page 117
December 16, 1986
86-706 Additional item:
(1560)
Appointment of Board member to serve on Upper Sacramento River
Fisheries and Riparian Habitat Management Plan.
Motion: AFPOTNfiED SUPERVISOR DOLAN.
M S
Vote: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
86-707 Recognition of persons wishing to speak.
(1593 )
1. Monte Clifford - circumstances of social workers.
2. Margaret Dunn - circumstances of social workers.
3. Rod Weyand - problems with negotiating employee contracts.
4. Dan Hays -requesting Board to authorize filing of his
subdivision map.
Adjournment:
AfifiESfi:
fibers being nothing further before the Board at
this time the meeting was adjourned at 12:27 p.m.
to reconvene at 9:00 a.m. on January 6, 1986.
MARfiIN J. NTCHOLS, Chief Adminis
Officer and Clerk of the Board
By '-
Page 118
December 16, 1986