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January ll, 1983
Piinute Order
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BOARD OF SUPERVISORS
HILDA WH$ELER. Std Diasrict. CHAIRMAN
AL 9ARACSNI. iss DlatMet
jAHE DOLAN. tad Diastict
HER'FHA MOSELE'!C. 4th District
LEN FVL?ON. Seh Dla trier
Call to ordex - The Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville, California.
Present: Supervisors Dolan, Fulton, ?`ioselev, Saraceni and
Chairman ?,iheeler; Piilce Pyeatt, interim administrative officer;
Del Siemsen, county counsel; and, Eleanor M. Becker, county
clerk, by Rubye Townsley, deputy clerk.
Pledge of allegiance to the Flag of the United States of America
Invocation - (Supervisor *ioseley)
'83-1 r?omination of Officers
*'.OTIO'~': TO ?tOP1I??ATr SUPERVISOR JAi~F. DOLA*d AS C?:AIR OF TIlE
BOA2ii~ OF SUPE?:YrISOP.S
M S
VOTE: 1 2 3 4 5 (Tnanimously carried)
MOTION: '"0 NOMINATE SUPERVISOR AL SARACENI AS VICE-CEAIR
s M
[TOTE: 1 ~2 3 4: 5 (Unanimously carried)
RECESS: 9:12 a.m.
RECD?cVEIaE: 9:18 a.m.
$3-2 Additional items from Board members to be addressed at the end
of the day:
(a) State expenditures and savings - Supervisor Saraceni
(b) ?lemo from CSAC asking Board to vote for CSAC to appropriate
funding for 1•aACO -- Supervisor Wheeler (COTdTINUED TO
JANUARX 18, 1983)
(c) Request from Paradise Irrigation District for Clerk to
conduct district elections .on A?arch 8. Chair Dolan
{ITEM TO SE TNCT.UDED ON T11E CONSENT AGENDA)
{d) Expiration of terms on Fair Board - Supervisor Ploseley
(TO BE CONSTDrRED JAA?UAR`I 18, 1983)
'83-3 Items pulled from the consent agenda for a eparate consideration:
(a) 1lemorandum of Understanding between the County and the
', BCEA/SEIU Local 416 for fiscal year 1983
(b) Labor relations service contract - a contract has been
', prepared to utilize the services of Rill Avery for labor
', negotiations this year.
(c) Pay step adjustment - the Assessor requests advancement
', of the Assistant Assessor from step C, range 27.5 to
', Step F, the same range.
(d) Salary ordinance amendment - provides reclassification of
', positions in the District Attorney's Office, Welfare and
Public Works Departments and elimates vacant positions in
', Buildings and Grounds.
Paee 422.
January 11, 1983
January 11, 1983
83-4 Consent Agenda
395 m___~____..
1, Approval of. minutes - December 17 and 2.1, 1982.
2. Resolution authorizing the Chairman of the Butte County
Board of Supervisors to sign all contracts and resolutions
approved by the Board of Supervisors. Action requested:
APPROVE RESOI,iITT01`~ 83-Oi.
3. Penalty abatement requests - change of ownership reports.
Action requested: APPROVE REQUESTS FILED Im'ITHIN THE
60 DAY PF,RIOD; DEtdY REQUESTS OVEP. THE 60 DAY PERIOD.
4. Resolution amending Resolution 82-164 raising Clerk's filing
fees in the Butte County Superior Court, pursuant to AB 2361,
based on fees now existing effective July 1, 1982, due to
incorporation of AB 2361 into AB 1326, Action requested:
APPROVE RESOLIiTION 83-02,
5. Irving E. Tyrer -renewal of variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a
mobile home on AP 56-09-48, Box 112 Cohasset Stage, Chico
', area. Zoning: TPt-5, Action requested: APPROVE VARIANCE.
REI3 E?dAL .
o. Helen K. Tedd - request for variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a
mobile home on AP 31--19-11, 942 Plumas Avenue, Oroville-
Thermalito area, Zoning: AR-MH, Action requested: SET
PUBLIC HEARIATG FF.BRiJARY 1, 1983, AT 10:00 A.M.
7. Library Trust donation acceptance - in accordance taith
Government Code25355 a donation of $100 has been offered
the Library Trust Fund from Joel Leonard, Cohassefi Stage,
Action requested: ACCEPT DONATION.
8. Grand Jury audits: Oroville Justice Court, Biggs Justice
Court, Paradise Justice Court, Chico Piunicipal Court,
Gridley Justice Court. Action requested: ACCEPT RRPORT.
9. Mental Flealth Certification Review Hearing Dfficer selection
panel. Action requested: "THE BUTTE COUNTY BOARD OF
SUPERVISORS DESIGNATE THE LOCAL MENTAL HEALTH DIRECTOR,
ROGER GILBF.RT FROM THE PUBLIC DEFENDER'S OFFICE, AND THE
COUNTY COUNSEL AS THE SELECTION PANEL FOR THE MENTAL HEALTH
CERTIFICATIOII REVIE4] IIEARIAjG OFFICERS PURSUANT TO AB 3454."
10. Petition - appeal of Butte County Advisory Agency's determina-
Lion - Review Estates tentative subdivision, AP 69-52-23.
Action requested: SET PUBLIC HEARING FEBRUARY 8, 1983, AT
10:00 A.PI,
', 11. Appeal - Butte County Planning Commission's denial of a
request for variance to minimum parcel size - Thomas M,
Groarke, AP 58-16-72, Action requested: SET PUBLIC HEARING
FRBRUAP,Y 8, 1983, AT 10;30 A,M,
l2. Butte County Fair - budget transfer to balance control
accounts for 1982. Action requested: APPROVE BUDGF,T TRANSFER,
13. Salary ordinance amendment - implements the first phase of
', the Sheriff's Department reorganization, Action requested:
WAIVE SECOND READITdG AIdD ADOPT ORDINANCE 2325.
Page 423.
January 11, 1983
January Il, 1983
14. Record destruction - cost allocation plan. Action requested:
Iid ACCORDANCE WITF, TTTE HEALTH AND SAFETY CODE 26202 REQUEST
APPROVAL TO DESTROY BUTTE COUNTY COST ALLOCATION PLANS FOR
FISCAL YEARS 1974-75, 1975-76 AND 1976-77.
15. Appointment of Interim County Health Officer. Actiott
requested: APPOINT DR. AL`RAITT.
16. John TTcAmis tentative parcel map, AP 40-40-36 and 37,
proposed industrial subdivision, located east of Highway 99,
south of Chico, a portion of subdivision, Southgate East
Industrial Park Lots 2 and 3. The developez requests that
pursuant to §20-94 of the Butte County Code approval of
road alignment and width for proposed industrial subdivision.
Action requested: APPROVE ROAD ALIG??MEI~TT AND WIDTH.
17. Gary ,Jacobs - proposed negative declaration regarding
environmental review and rezone from "A-R" (agricultural
residential) to "PA-C" (planned area - cluster) to allow
the development of a 24 unit residential subdivision
located on the west side of Quista Avenue, Chico, identified
as AP 42-07-38. Action requested: SET PUBLIC HEARING FOR
FEBRUARY 8, 1983, AT 11:00 A,M.
18. MIA Small County Advisory Committee. Appoint Butte County
representative to the 5ma11 County Advisory Committee.
Action requested: APPOI"'T .TIM BOTILL, PUBLIC HEALTH
DEPARTMENT.
19. medically IndipenC Adult contract - the contract has been
.submitted and reviewed by the MIA Committee. Action requested:
APPROVE CONTRACT.
20. Contract to carry out the provisions of AB 1733 - grant
program - child abuse and neglect prevention and intervention.
Action requested: APPROVE CONTRACT.
21. California Youth Authority Delinquency Preventian grant.
Action requested: APPROVE CONTRACT.
22. Contract - Amendment TTa. 9 to Water Supply Contract between
the State of California, Department of Water Resources
and the County of Butte. Action requested: APPROVE AMEND°
MENT N0. 9 TO WATER SUPPLY CONTRACT.
23. Butte County Fair - a contract has been prepared between
the County of Butte and the Butte County Fair Association
to conduct .the Fair for an additional five year period.
Action requested: APPROVE CONTRACT.
24. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS.
25. Paradise Irrigation District - request for district election.
Action requested: REQUEST COUNTY CLERK TO CONDUCT DISTRICT
ELECTION MARCH 8.
MOTION: TO APPROVE CONSENT AGENDA
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
Page 424.
January 11, 1983
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January 11, 1983
'83-5 Memorandum of lTnderstanding - between the County and the
BCEA/SF.IU Local 916 for fiscal year 1983.
MOTION: TO RATIFY CONTRACTS
s rr
VOTE: l t1 2 Y 3 Y 4 Y 5 Y (Motion carried)
'83-6 Labor relations service contract - a contract has been
prepared to utilize the services of Bill Avery for labor
', negotiations this year.
MOTION: TO DELAY SIGNING A CO'~TRACT WITH MR. AVERY
rf S
VOTE: l Y 2 rT 3 N [F Y 5 N (Motion failed)
MOTION: TO APPROVE CONTRACT
M S
', VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried)
',83-7 Pay step adjustment - the Assessor requests advancement of Che
Assistant Assessor from sCep C, range 27,5 to step E, the
same range.
MOTION: TO APPROVE, AS REQUESTED
M 5
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion carried)
83-8 Salary ordinance amendment - provides reclassification of
positrons in the District Attorney's Office, Welfare and
', Public Works Departments and eliminates vacant positions in
Buildings and Grounds.
MOTION: TO ?dAIVE FIRST REAPING OF THE ORDINAtICE
S ~ M
VOTE: 1 2 3 4 5 (Unanimously carried}
83-9 AppoinCments to Amtrak Committee
MOTIO^I: TO APPOINT RICITARD G, h. RYAN, EVELYN SMITH, ROIIERT
BOYDE~T AND riICIIELLE SHUVER TO THE ArITRAK DEPOT ADVISORY
COMMITTEE
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
(RF.COrISIDERATION OF FUNDII~TG F()R AMTRAK DEPOT RENOVATION TO
BF. ON NEXT L1ELK' S AGENDA)
83-10 Consideration of General Session meeting date for Northern
', California County Supervisors Association, April 8 and 9, 1983.
MOTION: TO SUPPORT THE MF..ETInTG AS F.EQUESTRD,
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
83-11 Discussion of George Schwindeman's letter requesting an audit
', of various memorial hall incomes. (CONTINUED TO FEBRUARY 22, 1983)
83-12 Submission of preliminary recommendations for the purpose of
direction from the Board of Supervisors regarding the Captain
Bob porCable kitchen and Butte County public services program.
I MOTIOrI: TO SUPPORT THE CONTINUATION OF THE KITCHEN AS OUTLINED
IN MEl'i0 FROM THE SHERIFF DATED DECEMBER 13, 1982.
M s
VOTE: 1 2 3 4 5 (Unanimously carried)
Page 425.
January 11, 1983
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RECESS: 9:58 '
I RF.CONVE~IE: 10:08 a.m.
$3-13 Public Hearing for A. E, Balcer - abandonment of a portion
of Yuba Avenue, southwest side of Grand Avenue, approximately
', 500 feet east of 10th Street, AP 31-25-4-12, 31-25-01,
21-25-4-11, Thermalito was held as scheduled.
AfOTION: TO AI;OPT RESOLUTION 83-03 APPROVI^.TG ABAPIDOP~ME'~IT
I S p1
VOTE: 1 2 3 4 5 (Unanimously carried}
83-14 Public Bearings for Carl A, Duns ton request for variance to
Sections 19-10 and/or•14-12 of the Butte County Code for place=
ment of a mobile Home on AP 72-11-1-016, 101 Canal Drive, Oroville
area (zoning: ARM1I} and Ralph Glidewell request for variance to
Sections 19-10 and/or 19-12 of the Butte County Code for place-
ment of a mobile home on AP 36-071-12, 2356 V-6 Road, Oroville
area (zoning: ARMH) were held as scheduled,
MOTIOI3: TO APPROVE VARIAi?CES AS REQUESTED
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
83-15 Butte County Board of Supervisors - rezone (item is categorically
exempt from environmental review) from A-R to AR-MII, property
located east of Upper Palermo Road and south of Lower ?dyandotte
Road, Oroville, The Planning Commission proposes M-R (mountain -
recreation subdivision - residential).
MOTIO'V: T 1JOULD NOTE THIS PRO.IECT IS CATEGORICALLY EXEMPT
FROM };NVIRO'~TMEA'T.AL REV1E[~' An'D FIND THAT THE M-R
DESIG'VATION DOES COI~'FORt? TO THE POLICIES INCLUDING
TEXT A~]TJ P4AP OF TAE BUTTE COUNTY GE1'IERAL PLAN . I
RECOMME'~D APPROVAL OF ZONING T.0 M-R FOR T.lIE AREA
T;AST OF UPPER PALERMO A'~ID SOUTH I,IYANDOTTE ROADS,
ADOPTING ORUIPIAP~CE 2326 ZOPTStdG TO M-R (MOUNTAIN -
RECREATION SUBDIVISION - RESIDENTIAL) F'OR THE
AREA AS DESCRIBED IN THE LEGAL OF THE ORDINANCE.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
83-16 Presentation of General Assistance Survey Report to Board by
Department of Public 6Velfare, and recommendations for increase
in level of General Assistance. (CONTINUED TO JANUARY 18, 1983)
83-17 Board of Supervisors - amendment to Butte County Code Chapter 24
to allow mobile homes as dwelling units in all zones allowing
residential use.
MOTION: TO APPROVE AS REQUESTED, ADOPTING ORDINANCE 2327
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
83-18 Planning Commission - extension of interim 5-H - new alignment
of Skyway, Paradise. (SET FOR PUBLIC HEARING ON FEBRUARY 1, 1983,
I AT 10:30 A.M.)
83-19 1. Board of Supervisors - extension of interim AR-M$ for Upper
Palermo Road and south of Lower Wyandotte Road. (NO ACTION
TAKEN)
', 2. Board of Supervisors - extension of interim to amend the
', Butte County Code regarding mobile homes and mobile home
', parks. (NO ACTION TAKEN)
', Page 426.
January 11, 1983
January 11, 1983
3. Jon Perkey -- extension of interim A-2 on AP 22-201--11.
(NO ACTION TA:CEN)
4. A. E. Treichler - appeals the Butte County Subdivision
Violation Committee's decision to issue a single certificate
of compliance for AP 26-01-60, two parcels on the east side
of Lone Tree Road, 3,560 feet north of Palermo Road, Palermo
area. (NO ACTION TAKEN)
300 83-20 Neal Road landfill - gate fee reduction for septic pumpers
and contract termination modification.
MOTION: TO REDUCE THE TANK PUMPER DUMPER CHARGE TO 3/4C WITH
THE PROVISO THAT IT BE REVIEWED FOR FURTHER REDUCTION
IN SIX MONTHS, WITH A REPORT TO THE BOARD.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
MOTION: TO CHANGE THE CANCELLATION CLAUSE TO STATE THAT THE
COUNTY MAY CANCEL AT ANY TIME FOR CAUSE OR NON-COMPLIANCE
WITH CONTRACT TERMS.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
425
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RECESS: 11:02 a.m.
RECONVENE: 11:18 a.m.
83-21 Recognition of persons wishing to speak:
1. Michael Lytle, State TV Cable - regarding a plan to video-tape
90 second reports from Supervisors, and also to video-tape
meetings of special interest.
2. William Houston - regarding medical bills
RECESS: 11:32 A.M.
RECONVENE: 11:38 A. M.
3. Ben Woodson - regarding recognition of the birthday of
Dr. Martin Luther King.
MOTION: TO ACKNOWLEDGE THE BIRTHDAY OF MARTIN LUTHER KING
AND HIS P~(ARVELOUS ACHIEVEMENTS IN THE SPITIT OF AGAPE.
S M
VOTE: I 2 3 4 5 (Unanimously carried)
83-22 Communications
1. George Robison, attorney at law, communicates his thoughts
on ethical standards for members of the Board of Supervisors.
(REVERRED TO COUNTY COUNSEL FOR REVIEW. SUPERVISORS DOLAN
AND WHEELER TO SERVE ON COMMITTEE TO REVIEW CODES ANB TO
SET POLICY)
2. Senior Advocates, Inc., Chico - expresses concerns of
flooding occurring in the Ithaca Street area, south Oroville.
(REFERRED TO PUBLIC WORKS FOR A REPORT BACK TO THE BOARD)
3. Rolland A. Vandegrift, Magalia, provides additional information
on the alleged encroachment on parcles he wons occurring
during the process of grading the Hupp-Coutolenc Road.
(REFERRED TO PUBLIC WORKS TO CONSULT WITH COUNSEL AND RISK
', MANAGEMENT FOR REPORT BACK TO THE BOARD)
page 427.
January 11, 1983
January 11, 1983
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4. League of Women Voters of Butte County - provides comments
on the Library operating hours. (REFERRED TO JO TERRY)
S. State TV Cable - Chico - requests Board's response to a
proposed video tape reporting system of Board of Supervisors
proceedings. (PREVIOUSLY DISCUSSED)
83-23 Additional items from Board members:
1. Report on fiscal problems of the state and urging Board to
_ make every possible effort to keep the county budget in line -
Supervisor Saraceni
83-24 Request to change the public hearing on a consent agenda item:
Gary Jacobs - proposed negative delcaration regarding environ-
mental review and rezone from "A-R" (agricultural residential)
and "R-¢" (maximum density residential) to "PA-C" (planned area
cluster) to allow the development of a 24 unit residential
subdivision located on the west side of 4uista Drive and the
east side of Alamo Avenue, approximately 220 feet south of
East Avenue, Chico, identified as AP 42-07-38. (PUBLIC HEARING
RESET TO FEBURARY 1, 1983, AT 10:00 A.M.)
RECESS: 11:50 A.M.
RECONVENE: 1:33 P.M.
83-25 Continued public hearing - Bidwell Heights Land Company -
specific plan and rezone {item on which an environmental impact
report has been prepared) from "A-2" (general) and "A-160" (agri-
cultural - 160 acre parcels) to "SR-2" and "SR-3" (suburban
residential 2 and 3 acre parcels), "N-C" (neighborhood commercial),
"PA-C" (planned area cluster}, and "P-Q" (public-quasi-public)
to allow the development of an approximately 385 unit cluster
and conventional residential land project with neighborhood
commercial and recreational facilities on property located
on Doe Mzll Ridge, approximately seven miles south of Forest
Ranch, one mile east of State Highway 32, seven miles east
of Chico, was held at this time.
I SUPERVISOR MOSELEY ABSENT AT THIS TIME
RECESS: 3:04 P.M.
RECONVENE: 3:20 P.M.
(HEARING CONTINUED TN OPEN POSTURE UNTIL FEBRUARY 8, 1983,
AT 1:30 P.M.)
83-26 RECESS: THE BOARD RECESSED AT 3:4$ P.M. FOR CLOSED SESSION
RECONVENE: THE BOARD RECONVENED AT 4:24 P.M. FOLLOWING CLOSED
SESSION ON MATTERS OF LITIGATION.
MOTION: THAT THE BOARD ASK BCAG TO REIMBURSE THE COUNTY FOR
LEGAL FEES THAT HAVE BEEN PREVIOUSLY INCURRED ON
i THIS MATTER AND ALSO TO REQUEST THAT BCAG ASSUME
' ANY FURTHER RESPONSIBILITY IN DETERMINATION OF
ANYTHTNG ELSE THAT IS TO BE DONE.
M S
VOTE: l Y 2 Y 3 Y 4 A 5 Y (Motion carried).
' ADJOURNMENT: There being nothing further before the Board at
i this time the meeting was adjourned to reconvene
on Tuesday, January 18, 1983, at 9:00 a.m.
Page 428:
January 11, 1983
January 11, 1983
ATTEST: ELEANOR M. BECKER, COUNTY CLERK/RECORDER
and ex-officio Clerk of the
Butte County Board of Supervisors
B ~/
Chai , Board of Supervisors
Page 429..
January 11, 1983