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HomeMy WebLinkAboutM122088December 20L 19$8 Call to order - Board of Supervisors roam. County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Aalan, Fulton, McLaughlin, Vercruse and Chairman McTnturf. Martin J. Nichols, chief administrative officer; Susan Roff, county counsel; and Coral Roach, assistant clerk to the Board. Pledge of allegiance to the Flag of the United States of America. $8-727 Items removed from the Consent Agenda for Board consideration and action. 1. Superior Court filing fees - a resolution has been prepared fixing Superior Court filing fees pursuant to Government Code Section 6$090 -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIRMAN TO SIGN. {f ram 12-13-88) 2. Municipal Court civil filing fees - a resolution has been prepared increasing civil filing fees authorized by Government Code Section 6809fl - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIRMAN TO SIGN. 3. General Unit Memorandum of Understanding - the Board is being asked to ratify the agreement with the Butte County Employees Association covering the general unit -action requested - RATIFY MEMORANDUM OF UNDERSTANDING. $$-728 Consent Agenda 1. Approval of minutes -action requested - APPROVE MINUTES 4F NOVEMBER 22, 1988. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-55 {SHERIFF), B-5b {PLANNING), B-5$ {SHERIFF - DRUG SUPPRESSION}, B-59 {PROBATION -VICTIM WITNESS), AND B-6fl {WELFARE). Page 385 December 2fl, 1988 December 20~. 1988 3. County library donations - in accordance with Government Code Section 25355, donations have been received for the Butte County Library Trust as follows: $140 from M. E. Amer. $127 from anonymous donor, $100 from Martin Larens, and $200 from Harriet Baker - action requested -ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. Appointment to Housing Authority - action requested -APPOINT LENA WHITE AS THE TENANfi COMMISSIONER TO SERVE UNTIL APRIL 21, 1990. 5. Public Works -surplus vehicle -Board authorization is requested to declare afire-damaged vehicle surplus {440/882) - Ford Escort? so that it can be disposed of through the public works scrap metal process - action requested - DECLARE VEHICLE SURPLUS. 6. Sheriff video equipment - Board authorization is requested to acquire video recording equipment used in recording crime scenes, including camera, recorder, special lenses, lights and extra batteries at an estimated cost of $1,560. Budget transfer 8--55 has been prepared to provide the necessary appropriation - action requested - AUTHORIZE THE PURCHASE OF FIXED ASSET ITEMS. 7. Planning computer equipment - Board authorization is requested to approve the acquisition of an emulation board and related software far use with the Assessor's computer system at an estimated cast of $1,055. Budget transfer 8-56 has been prepared to provide the necessary appropriation - action requested - AUTHORIZE PURCHASE OF FIXED ASSET ITEM. 8. South County Municipal Court {Gridley branch) - bank checks -- Board authorization is requested to destroy checks no. 110 - 440 which were last used December. 1977 and no. 2439 - 2544 which were last used September, 1986 for account no. 254-01252 from Bank of America - action requested - AUTHORIZE DESTRUCTION OF CHECKS AS RECOP41~fENDED BY THE AUDITOR. 9. 1989 Butte County Fair budget - Board approval is requested of the budget in the amount of $537,986 -- action requested - APPROVE BUDGET AND AUTHORIZE THE CHAIRMAN TO SIGN, SUBJECT TO REVIEW BY THE AUDITOR. 14. Public Guardian's Annual Report far 1987-88 - action requested - INFORMATION ONLY. Page 386 December 20, 1988 December 20L 1988 11. Library -Request for relief from accountability - pursuant to Government Code Section 29390 and Board resolution 75-177 relief from accountability is requested far a theft of $7.~fl from the Durham Library on August 30, 1988. The District Attorney and Auditor support the request -action requested -AUTHORIZE RELIEF FROM ACCOUNTABILITY. 12. Certificate of appreciation - Charlie Kelly, retiring acting chief, Caltrans Office of Local Streets and Roads -action requested -APPROVE CERTIFICATE AND AUTHORIZE THE CHAIRMAN TO SIGN. 13. Salary ordinance amendment - the amendment provides far adding nine (9) deputy sheriff positions to provide for transition of bailiffs over the next two year period in order to provide peace officer staffing of courts - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. 14. Ordinance adding section 2-140 to the Butte County Code establishing qualifications for the position of county auditor - action requested - WAIVE THE FIRST READING OF THE ORDINANCE. 15. Mental Health Microcomputer Users Association agreement - an agreement has been prepared with the County of Glenn, acting as the host county for the administration of the master contract far data processing services. The agreement is in the amount of $14,28fl covering the period July 1, 1988 to June 30, 1989 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN, SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR. 16. Crestwood Corporation, Tnc. agreement - an agreement has been prepared with the organization. dba Crestwood Manor, Modesto in the amount of $36,5fl0 which is a locked, 24-hour facility and is used as an alternative to state hospitalization or a higher level of care. The term of the contract is July 1, 1988 through June 30, 1989 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN; SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR. 17. Child protective services agreement -Linda Wallace -the agreement, in the maximum amount of $9,950 provides for family therapy covering the period December 1, 1988 through January 31, 1989 -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 387 December 20, 1988 December 2a~,. Z988 18. Child protective services agreements - agreements have been prepared for the fallowing individuals to provide therapy services to the iTelfare Department child protective services division covering the period January 1. 1989 through December 31, 1989: Lore Ruhns, 53,Q44, family therapy; Stress and Health Center, $5,004. family therapy; Maureen Balaam, $5.004, individual therapy; and Jim Park, 59,950, family therapy - action requested - APPROVE AGREEMENTS AND AUTHORIZE THE CHAIRMAN TO SIGN. 19. Certificate of appreciation - M. H. "Jake" Jacobs, retiring CalTrans Bridge Department employee - action requested - APPROVE CERTIFICATE AND AUTHORIZE THE CHAIRMAN TO SIGN. MOTION: MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF TTgMS 3.13, 3.21 AND 3.22. M 5 VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 88-729 CLOSED SESSION: The Board recessed to closed session at 9:10 a.m. for actual litigation, Organ vs. Dolan pursuant to 54956.9(a) of the Government Code. RECONVENE: The Board reconvened at 9:24 a.m. following a closed session on actual litigation. (NO ANNOUNCEMENTS) Regular. As~enda 88-730 Items removed from the Consent Agenda far Board consideration and action. ~.. General Unit Memorandum of Understanding - the Board is being asked to ratify the agreement with the Butte County Employees Association covering the general unit - action requested - RATTFY MEMORANDUM OF UNDERSTANDING. MOTION: MOVE TO RATIFY MEMORANDUM OF UNDERSTANDING. M 5 VOTE: 1 Y 2 Y 3 N 4 N 5 Y (Motion carried) 88-737. Appointments - commissions and committees. a. Appointments to Citizens Advisory Committee for the Energy, Natural Resources and Recreation Element. (NONE) b. Appointments to committee vacancies. Page 388 December 24, 1988 December 20, 1988 MOTION: MOVE TO REAPPOINT JERRY HENDON, AGRICULTURAL ADVISORY COMMISSION; TOM 'WILSON, COUNTY COMMISSION ON AGING; LOIS McDONALD, COMMUNITY ACTION AGENCY; SUSAN ROBERTS-FULTON, BUTTE COUNTY ECONOMIC DEVELOPMENT CORPORATION AND OVERALL ECONOMIC DEVELOPMENT; ALVIE HAWKS, FISH AND GAME COMMISSION; JOHN FRANKLIN, GRADING ORDINANCE REVIEW CDMMITTEE; WILLIAM H. MITCHEL, BUTTE COUNTX HOUSING AUTHORITY BOARD; MARGARET BARON, INDUSTRIAL DEVELOPMENT AUTHORITY OF BUTTE COUNTY; WTLLARD CONNOR, SURFACE MINING AGGREGATE COMMITTEE; AND PHIL KELLY, WATER COMMISSION. S M VOTE: 1 X 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 88-732 Report from Chief Administrative Officer and County Counsel on state mandates lawsuits - action requested - APPROVE BUDGET TRANSFER B-49. (7.95} MOTION: MOVE TO APPROVE $UDGET TRANSFER B-49. S M VOTE: 1 Y 2 Y 3 N 4 Y 5 Y (Motion carried) 88-733 Consideration of authorizing additional administrative leave pursuant to MCS memorandum of understanding, section 2,07 as requested by County Counsel and the District Attorney. (456} MOTION: MOVE TO AUTHORIZE ADDITIONAL ADMINISTRATIVE LEAVE OF ONE DAY FOR EVERY TNGREMENT OF ONE HUNDRED HOURS OF OVERTIME OR PORTION THEREOF WITH A MAXIMUM OF THREE DAYS TO HOWARD W. ABBOTT (ONE DAY}, LAURA G. EAGLETON {ONE DAY}, GERALD E. FLANAGAN {THREE BAYS}, HELEN HARBERTS {THREE DAYS), ALAN S. HENGEL (THREE DAYS}r TERESA L. KLUDT {TWO DAYS}, DANIEL G. MONTGOMERY {TWO DAYS), CARROLL A. RAGLAND (TWO DAYS), SHAWN G. STINSON (THREE DAYS}, AND FRANCISCO ZARATE (TWO DAYS} OF THE DISTRICT ATTORNEY'S OFFICE, AND THREE DAYS TO DEPUTY COUNTY COUNSEL NEIL McCABE. S M VOTE: l Y 2 Y 3 X 4 Y 5 Y {Unanimously carried} 88-734 Consideration of District Attorney's request for interim computer solution - action requested - AUTHORIZE CHIEF ADMINISTRATIVE OFFICER TO ENTER INTO SIX MONTH MAINTENANCE SERVICE AGREEMENT. {7.337} MOTION: MOPE TO AUTHORIZE CHIEF ADMINISTRATIVE OFFICER TO ENTER INTO SIX MONTH MAINTENANCE SERVICE AGREEMENT. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) Page 389 December 20, 1988 December 2~ 1988 Public Hearincs and Timed Items 88-735 Public hearing -Wheeler Orchards - consideration of a use permit to allow the segregation of an one acre agricultural home site on property xaned A-5 {agricultural, five acre parcels) (proposed negative declaration regarding environmental impact), property located on the south side of Sheldon Avenue, 600+_ feet west of Larkin Raad, identified as AP 024-fl8-fl-fl5fl, Gridley -action requested -OPEN HEARING AND CONTINUE TO JANUARY 24, 1989 AT 10:30 A.M. {i754) (HEARING OPENED AND CONTINUED OPEN TO JANUARY 17, 1989 AT 10:30 A.M.) RECESS: 10:20 A.M. RECONVENE: 10:35 A.M. 88-736 Butte County Board of Supervisors code amendment to Chapter 24 of the Butte County Code, Section 2454 and 2455 (proposed negative declaration regarding environmental impact) to delete the requirement that contiguous parcels under related ownership must be included within the plan and covenant on property located countywide - action requested -OPEN HEARING AND CONTINUE TO JANUARY 24, 1989 AT 10:30 A.M. {19fl5) (HEARING OPENED AND CONTINUED OPEN TO JANUARY 17, 1989 AT 10:30 A.M,) Regular A~enda_ 88-737 Report from Chief Administrative Officer on trial court funding program: (1950) a. Consider adopting a resolution opting into the trial court funding program. (NO ACTION TAKEN) b. Consider what budgetary actions will be necessary if trial court funding does not become available far fiscal year 1988-89. (REPORT BY THE CHIEF ADMINISTRATIVE OFFICER) 88-738 Items removed from the Consent Agenda for Board consideration and action. (2850) 1. Superior Court filing fees - a resolution has been prepared fixing Superior Court filing fees pursuant to Government Code Section 68090 - action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIRMAN TO SIGN. Page 390 December 20, 1988 December 2...~ 1988 2. Municipal Court civil. filing fees - a resolution has been prepared increasing civil filing fees authorized by Government Code Section 58090 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIRMAN TO SIGN. MOTION: MOVE TO ADOPT RESOLUTION 88--192 TNCREASTNG CTVTL EYEING FEES FOR THE SUPERIOR COURT AS AMENDED FROM $9 TO $7 FOR THE LAW LIBRARY AND $117 TO $119 FOR SUMMARY DISSOLUTIONS, AND ADOPT RESOLUTION 8$-193 TNCREASTNG CTVTL FILING FEES FOR THE MUNICIPAL COURTS AS AMENDED FROM $9 TO $7 FOR THE LAW LIBRARY EFFECTIVE JANUARY 1, 1989. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried} 8$-739 Interpretation of development standards of the Nitrate Action Plan for the Pat Chapla parcel, AP 39-39-78, in the Stanley Fark subdivision. {2921? {**00) MOTION: MOVE THAT WE RE¢UEST COUNTY COUNSEL TO ADVISE THE BOARD WHETHER THERE TS A VESTED RIGHT FOR THIS PROPERTY OWNER TO DEVELOP THIS PROPERTY AT TTS CURRENT SIZE. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) (COUNTY COUNSEL TO SEND COPY OF MEMORANDUM TO BOARD TO PROPERTY OWNER PAT CHAPLA.) Public Hearinsrs and Timed Items 88-740 Public hearing -formation of County Service Area No. 114 -County of Butte -the Local Agency Formation Commission has approved the formation of CSA No. 114 for the purpose of the financing of feasibility or planning studies and the cast of administrative overhead associated with implementation of the Nitrate Action Plan. The county service area shall not #inance the greparatian of future detailed engineering studies - action requested -- ADOPT RESOLUTION ESTABLISHING CSA N0. 114, AND APPROVE BUDGET TRANSFER B-54. {2051 MOTION: MOVE TO ADOPT RESOLUTION 88W194 ESTABLISHING CSA N0. 114, AND ADOPT RESOLUTION 88-195 APPROVING BUDGET TRANSFER B-54. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried) 88-741 Communications Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE TN THE CLERK OF THE BOARD OFFICE.} Page 391 December 20, 1988 December 2a 1988 a. Katherine I. McEnespy - an behalf of the estate of Darrell G. McEnespy gives notice of non--renewal of land conservation act agreement recorded February 27, 19'13 -action requested - iNFORMATION ONLY, REFER TO ASSESSOR AND PLANNING DIRECTOR. b. State Department of Fish and Game -writes requesting a recommendation regarding an either sex deer hunt to be held at Gray Lodge in 1989 - action requested - REFER TO FISH ANA GAME COMMISSION. 88-742 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.} {480) (NONE} $8-'743 CLOSED SESSION: The Board recessed to closed session at 11:20 a.m. an actual litigation of Floyd E. Jones, et al. vs. Hal Brooks, et al., pursuant to Section 54956.9{a} of the Government Cade, and meet and confer. (495) RECONVENE: The Board reconvened at 11:47 a.m. following a closed session on actual litigation and meet and confer. {N0 ANNOUNCEMENTS} 88-744 ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 11:48 a.m. to reconvene on Tuesday, January 10, 3.989 at 9:00 a.m. Ghairman, Board of Supervisors ATTEST: MARTIN J. NICHOLS. hief Administrative Officer nd Clerk f the Board By• Page 392 December 20, 3.988