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:~; 1 ~ BOARD OF SUPERVISORS
'. ~* ' ~ *r JAPE DOLAN, 2rtd Disv[c [, CHAIR
AL SARACEtiI, ts[ Dis [rics
•
M I N U T E S *~~~~~ ~ ~' ~ *~ HILDA YlHEELE R, 3rd Dis er[e:
'~ ~~ BERTHA }tO SELE Y, 3[h Distr;c:
Februar 8 1983 ••~~~ ~ ~~~~""~~~~ ~•i LEN Futrox. sm Dirrict
Minute Order
Call to order - The Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville, California.
Present: Supervisors Fulton, Moseley, Saraceni, Sdheeler and Chair
Dolan; Mike 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 Moseley
Introduction by Supervisor Wheeler of Mr. Goulart who presented a
a new gavel to Chair Dolan.
69 83-117 Additional items from Board member to be addressed at the end of
the day:
(a) A request to hold item 4.10 on the agenda until the end of the
day. - Supervisor Wheeler
(b) A request for a closed session on litigation. - Supervisor
Wheeler.
(c) Discussion of possible permit issue for dam on Butte Creek.'
104 83-118 Consent Agenda
1. Approval of minutes - February 1, 1983. Action requested:
APPROVE MINUTES
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS.
3. Tinker idilson - renewal of variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on
AP 27-24-043, 7795 Cit5us Aveneu, Oroville area. Zoning: A-5.
Action requested: APPROVE VARIANCE RENEWAL
4. Lloyd L. Davis - renewal of variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile
home on AP 42-05-07, Route 1, Box 759, Chico area. Zoning:
A-5. Action requested: APPROVE VARIANCE RENEWAL.
5. Jim McCusker - renewal of variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home
', on AP 47-06-09, Route 4, Box 479, Chico area. Zoning: A-40.
Action requested: APPROVE VARIANCE RENEWAL.
', 6. Richard Reese - renewal of variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home
on AP 63-04-101, 5048 Derr Road, Forest Ranch area. Zoning:
TM-5. Action requested: APPROVE VARIANCE RENEWAL.
7. John Danly -- renewal of variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home
', on AP 72-27-41, 7203 Forbestown Road, Oroville area. Zoning:
', SHMR. Action requested: APPROVE VARIANCE RENEWAL,
Page 452
February 8, 1983
February 8, 1983
', 8. Lynn VanLoan - renewal of variance to Sections 19-10 and/or 19-12
', of the Butte County Code for placement of a mobile home on
AP 44-36-027, 2611A Burnap Avenue, Chico. Action requested:
APPROVE VARIANCE RENEWAL.
9. Destruction of records pursuant to Governement Code @ 26201
Action requested: APPROVE DESTRUCTION OF AUDITOR-CONTROLLER RECORDS
AS FOLLOWS: 1977-78 DETAIL REVENUE LEDGER; 1977-78 FRONT COUNTER
WARRANT VOUCHERS; 1977-78 JOURNALS & TRANSFERS; 1977-78 PAID
WARRANTS; 1977-78 COUNTY WARRANT CLEARING WARRANT VOUCEHRS; 1977-78
COURTS DAILY CASH RECEIVED REGISTER; 1977-78 TAX ROLL; 1978 PAYROLL
RECORDS.
10. Relief from accountability of bails and fines fund shortage. The
Auditor-Controller and District Attorney have recommended the
Sheriff be relieved from accountability for $80 missing from the
jail safe. Action requested: APPROVE RELIEF FROP4 ACCOUNTABILITY.
11. Matthew York - appeals the decision of the Advisory Agency for
approval of a land division, AP 56-08-113. Action requested:
SET PUBLIC HEARING FOR MARCH 1, 1983, AT 1:00 P.M.
12. Harry J. Mairani - abandonment of a public utilities easement,
Kelly Ridge Estates Unit No. 1, Lot 109. Action requested:
ADOPT RESOLUTION 83-15 SETTING A PUBLIC HEARING FOR MARCH 15, 1983,
AT 11:15 A.M.
13. Request for correction of the Ordinance 1589 adopted June 17, 1975,
for the 1/4 section at the Durham-Richvale intersection and
Highway 99 (Dodson property, AP 29-17-12 (pt), 14, 15, 16, 27,
41, 42, 49, 50 and 70). Action requested: BOARD INITIATE
HEARINGS TO CORRECT ZONE.
14. Land Conservation Act - agreements have been prepared for two
Land Conservation Act applications which have been reviewed and
recommended for approval by the Land Conservation Committee
at their meeting. Action requested: APPROVE THE AGREEMENTS
AND AUTHORIZE THE CHAI12 TO SIGN.
15. 2640 procurement/acceptance of surplus CDF radios. Action
', requested: ACCEPT RADIOS AND PROVIDE COUNTY PROPERTY A000UNT-
. ABILITY LABELS.
16. Ordinance adding Article 13 to the Butte County Code - Delinquency
Prevention Commission. Action requested: WAIVE FIRST READING.
17. The City of Chico has agreed to specific property tax exchange
agreements for Cohasset Road No. 19 and Burnap Avenue No. 2.
Action requested: APPROVE PROPERTY TAX EXCHANGE AGREEMENT,
ADOPTING RESOLUTION 83-16.
18. U.S. HUD Program - approval of Comjunity Development Discretionary
Grant FY 82 - $500,000 - third year funding. Action requested:
APPROVE
142
161
MOTION: TO APPROVE CONSENT AGENDA AS REQUESTED
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VOTE: 1 2 3 4 5 (Unanimously carried)
Regular Agenda
83-119 Appointment of Board members to various committees (HOLD UNTIL THE
END OF' THE DAY)
83-120 Appointment to the Butte County Fish and Game Commission - District 3
', MOTION: TO APPOINT JOHN FORBERG TO THE FISH AND GAME COMMISSION
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VOTE: _ ,1~__,___2 3 4 5 (Unanimously carried)
(LETTER OF APPRECIATION TO BE Sk.TTT TO WILLIAM D'AMATO)
Page 453
February 8, 1983
February 8, 1983
193
205
237
343
516
580
634
962
1208
83-121 Appointments to the Board of Directors, Richvale Recreation and
Park District.
MOTION: TO APPOINT LYNN GRELL, GERALD MATTSON, AND TERRY WILLIAMS
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VOTE: 1 2 3 4 5 (Unanimously carried)
83-122 Appointment to Fish and Game Commission - District 4.
MOTION: TO REAPPOINT BOB MALQUIST
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VOTE: 1 2 3 4 5 (Unanimously carried}
83-123 Discussion on representation of county and district interests in
Redevelopment Agency issues.
MOTION: TO ACCEPT THE THREE PART RECOA7MENDATION FROM ADMINISTRATIVE
STAFF, EXPLORING THE POSSIBILITY OF OUTSIDE COUNSEL, CIRCU-
EATING LETTER TO SPECIAL DISTRICTS AS TO COST SHARING, AND
RETURNING WITH SPECIFIC PROPOSAL INCLUDING A DOLLAR AMOUNT
TO THE BOARD.
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VOTE: 1 2 3 4 5 (Unanimously Carried)
83-124 Report from committee on Health/Mental Health. (CONTINUED FOR
i A FEW MONTHS TO ALLOW MANAGE[1ENT TEAMS OF BOTH PUBLIC HEALTH AND
MENTAL HEALTH TO CONTINUE THEIR ANALYSIS OF COORDINATION OF SERVICES.
TN A TASK FORCE SETTING, UNDER THE DIRECTION OF DR. RATTT. GERALD
LIVELY WILL COORDINATE FOR THE ADMINISTRATIVE OFFICE AND SUPERVISORS
DOLAN AND FULTON WILL REMAIN ON THE COMMITTEE AND PARTICIPATE IN
THE PROCESS)
83-125 Sheriff's Department remodel request.
MOTION: I WOULD SO MOVE THAT WE GO AHEAD AND TAKE THE $2600 FROM
', JAIL CONSTRUCTION FUNDS.
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VOTE: 1 2 3 4 5 (Unanimously carried)
83-126 Report - AB 36X and SB 174 money bills. (Wheeler)
MOTION: I WOULD MOVE THAT WE DIRECT THE CHAIRMAN TO SEND A LETTER
TO APPROPRIATE LEGISLATORS AND NORTH STATE REPRESENTATIVES
WITH OU`R CONCERNS THAT AS THEY WTTHHOLI}MONEY FOR THIS FISCAL
YEAR THAT THE BURDEN BE EQUITABLE AND NOT FALL SO HEAVILY
ON THE COUNTIES.
M S
VOTE: 1 2 3 4 5 (Unanimously carried)
83-127 Resolution establishing process for review of department head wages
and benefits - this resolution provides for the periodic review of
', elected and appointed department heads wages and benefits. (CONTINUED
TO FEBRUARY 15, 1983)
83'-i28 Jobs Training Partnership Act (JTPA) - the Personnel Director will
report regarding the status of the JTPA and the Service Delivery Area
designation. {PERSONNEL DIRECTOR TO BRING BACK RESOLUTION ON
', FEBRUARY 15, 1983)
83'-129 Assessment Appeals Board - request for outside counsel. (ASSESSMENT
APPEALS BOARD REQUESTED TO FURNISH MORE REASONS AND INFORMATION AND
AN ESTIMATE OF TIME AND COSTS INVOLVED)
Page 454
', February 8, 1983
February 8, 1983
RECESS: 11:22 A.M.
RECONVENE: 11:24 A.M.
272 2. George Robison, attorney at law - requests a waiver of fees in the
total amount of $153. (REFERRED TO COUNTY COUNSEL AND PUBLIC WORKS)
3. Oroville Industrial Development Corporation - expresses concern that
county funds could be better spent for the construction and data
collection of an air quality monitoring station located in the vicinity
o£ Kusel Road and Lincoln Boulevard rather than a duplicate supple-
mental environmental impact report on Oroville Industrial Unit No. 4.
', (REFERRED TO MR. BANDY, AGRICULTURAL COMMISSIONER, AND THEN TO BE
BROUGHT BACK ON THE AGENDA WITH AN INVITATION TO OIDCO, MR. BANDY,
AND REPRESENTATIVES FROM THE CITY OF OROVILLE TO BE PRESENT)
4. Communication from Christopher P. Grandy concerning assistance in
payment of energy bills. - Supervisor Saraceni (REFERRED TO COMMUNITY
ACTION AGENCY)
5. Communication from Assessor's Office regarding a problem with dogs
when appraisers are conducting business for the county, and a request
to authorize the use of an aerosol repellent. (TO DETERMINE LIABILITY
AND THEN BROUGHT BACK ON THE AGENDA)
1020 83'-136 Business from the floor:
1. Bill Houston - regarding ways to attract new industry to the
area; violation of law by Board; and, lawsuit.
I RECESS: 12:03 P.M.
RECONVENE: 1:36 P.M.
1457 83-137 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" (agricultural - 150
acre parcels) to "SR-2" and "SR-3" (suburban residential two and
', three 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 Mill Ridge, approximately seven miles
000 south of Forest Ranch, one mile east of State Highway 32, seven
miles east of Chico..
MOTION: REFER TO THE PLANNING COMMISSION FOR THE INITIATION OF
PUBLIC HEARINGS ON THE ENVIRONMENTAL IMPACT REPORT AND
SPECIFIC PLAN FOR BIDWELL HEIGHTS AND IN ADDITION AND
SEPARATELY REFER THE CHANGE IN ZONING INDICATED BY THE
DISPLAY i~iAP AS PRESENTED TODAY.
i~1 S
VOTE: 1 2 3 4 5 (Unanimously carried)
RECESS: 3:15 P.M.
RECONVENE: 3:28 P.M.
1806 83-138 Emergency request for Deputy District Attorney and District Attorney's
**~.~. Investigator position. (SUPERVISOR DOLAN TO MEET WITH JUDGES,
0000 ', DISTRICT ATTORNEY AND ADMINISTRATIVE OFFICE TO DISCUSS CALENDARING
PROBLEMS)
420 83'-139 Appointment of Board members to various committees. (CONTINUED TO
', FEBRUARY 15, 1983)
', Page 456
February 8, 1983
February 8, 1983
1415 83-130 Ordinance approving a development agreement for certain real property
located at the State Highway 99 and Durham-Oroville Highway Pentz
Road interchange.
MOTION: TO WAIVE THE SECOND READING OF THE ORDINANCE
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VOTE: 1 2 3 4 5 (Unanimously carried)
MOTION: TO ADOPT ORDINANCE 2336
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VOTE: 1 Y 2 N 3 Y 4 Y 5 N (Motion carried)
1430 83-131 Report - CSAC Labor Relations Institute (Wheeler) (NO ACTION TAKEN)
RECESS: 9:50 A.M.
RECONVENE: 10:06 A.M.
PUBLIC HEARINGS AND TIMED ITEMS
1490 83-132 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
MOTION: I WOULD MOVE THAT WE APPROVE THIS WITH THE CONDITIONS
OUR ENVIRONMENTAL HEALTH DIRECTOR HAS RECOMMENDED
S M
VOTE: 1 2 3 4 5 (Unanimously carried)
1574 83-133 Petition - appeal of Butte County Advisory Agency's approval -
Riverview Estates tentative subdivision, AP 69-52-23. (CONTINUED
IN OPEN STATUS UNTIL MARCH 22, 1983, AT 10:00 A.M.)
RECESS: 10:23 A.M.
RECONVENE: 10;36 A.M.
2075 83-134 Thomas Groarke - proposed negative declaration regarding environmental
review and an appeal of the Planning Commission's denial of a variance
to allow the creation of a 4.47 acre and an 11.2 acre parcel in an
area zoned "FR-20" (foothill recreational - 20 acre parcels) located
north of Jordan Hill Road, north off Oroville-Concow Road, southeast
l/4 of Section 17 T22N R4E MD$&M, identified as AP 48-16-72, north
of Oroville. (CONTINUED IN CLOSED STATUS UNTIL FEBRUARY 15, 1983)
RECESS: 10:50 A.M.
RECONVENE: 11:05 A.M.
2716 83-135 Consideration of a livestock ordinance for open range proposed by
** ' Cattlemens' Association and the Farm Bureau.
00
MOTTON: I WOULD MOVE THAT COUNSEL PU.T TOGETHER A ROUGH DRAFT OF A
PROPOSED ORDINANCE AND THEN HE WOULD DISCUSS WITH AGRICULTURAL
ADVISORY AGENCY AND $RING IT BACK TO THE BOARD FOR FINAL
DISPOSITION
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VOTE: 1 2 3 4 5 (Unanimously carried)
135 Communications
83-136 1. Board of Supervisors - Yuba County -requests authorization to proceed
on Butte County's behalf to initiate legal steps to place Bean Clipper
', Road in public hands. (SUPERVISOR SARACENI TO MEET WITH COUNTY COUNSEL
AND-.PUBLIC WORKS DIRECTOR)
Page 455
February 8, 1983
430
521
600
1116
February 8, 1983
83-140 Report to the Board on George Robison letter regarding Peak View
and Crest View parcel map improvements. (TABLED. SUPERVISOR
SARACENI TO MEET GVITH COUNTY COUNSEL AND MR. ROBISON)
83-141 Additional items from Board members:
1. Concerns regarding a permit being issued for a dam on Butte
Creek. - Chair Dolan (PUBLIC YdORKS OR PLANNING STAFF DIRECTED
TO LOOK INTO THIS MATTER)
83-142 Business from the Floor:
1. Bi11 Meggison - regarding how budget could be made more
manageable.
83-143 Additional items from Board members:
1. Request for a closed session - Supervisor Wheeler
RECESS: 4:38 P.M. The Board recessed at this time for a ten
minute break followed by a closed session.
', RECONVENE: 5:50 P.M. The Board reconvened at this time following
a closed session on matters of litigation
MOTION: TO HIRE THE LAWFIRM OF KOPP AND DE FRANCO OF SAN FRANCISCO
70 PROVIDE LEGAL SERVICES IN THE FRIENDS OF THE FOOTHILLS
LAWSUIT
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', VOTE: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
ADJOURNMENT: There being nothing further before the Board at this
ime the meeting adjourned at 5:55 p.m.
A S .
M. BECKER, COUNTY CLERK/RECORDER
'. ex-officio Clerk of the
Butte County Board of Supervisors
ane Dolan, Chair
Page 457
February 8, 1983