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Minute Order
BOARD OF SUPERVISORS
JANE DOLAN, 2nd District, CHALR
AL SARACENi, lat Dis trice
HILDA w'EFE ELE R, 3rd Distri cc
HERTHA MOSELEY, 4th District
LEN FULTON, ith District
Call to order - The Board of Supervisors room, County Administration
Building, 25 County Center Arive, Oroville, California.
Present: Supervisors Fulton, Moseley, Saraceni, Wheeler and Chair
Dolan; Mike Pyeatt, interim administrative officer; Del Siemsen,
county counsel; and, Eleanor M. Becker, county clerk, by Rubye
Townsley, deputy clerk.
Pledge o£ allegiance to the Flag of the United States of America.
Invocation - Clay Castleberry.
31 83-292 Additional items from Board members to be addressed at the end of
-- the day:
(a) Discussion of dam. - Supervisor Fulton
(b) Discussion of Northern Supervisors Meeting - Supervisor Wheeler
83-293 Items pulled from the consent agenda for separate consideration:
(a) Cameron, Persons, Persons & Miller - submits claim on behalf of
Neil Johnson alleging violation of constitutional rights at
the Butte County. Jail in the amount of $500,000. (THIS ITEM
REMOVED FROM THE AGENDA AT THE REQUEST OF COUNTY COUNSEL)
(b) Paul T. Persons, John T. Luvass, Jr., attorneys - submit
claim against the County o£ Butter Board of Supervisors,
Advisory Agency, Hilda Wheeler, Bertha Moseley and Al Saraceni
in the amount of $1,000,000 alleging damages when the Quail
Canyon Tentative Subdivision was approved. (THIS ITEM REMOVED
FROM THE AGENDA AT THE REQUEST OF COUNTY COUNSEL)
(c) Aepartment of Fish and Game - appeals Board of Supervisors -
approval of projects, AP 28-17-85, Smith; AP 28-17-83, Smithey;
and AP 72-33-46, Schoenstein on the belief that their approval
will substantially injure wildlife habitat and wildlife
populations. Action requested: SET HEARING APRIL 25 AT 11:00 A.M.
68 83-294 Consent Agenda
1. P~roval of minutes - March 18 and 29, 1983. Action requested:
APPROVE MINUTES.
2. Sudget transfers. Action requested: APPROVE BUDGET TRANSFERS.
3. Penalty abatement requests - change of ownership reports -
requests submitted over 60 days. Action requested: DENY
REQUESTS.
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April 5, 1983
April 5, 1983
4, Appointments to the Paradise Memorial Hall Committee.
Action requested: APPOINT JAMES M. HURST AND THEODORE JUHOS
TO THE PARADISE MEMORTAL HALL COMMITTEE TO SERVE UNTTL
DECEMBER 31, 1983, OR UNTIL THE APPOINTR4ENT OF THEIR SUCCESSOR.
5. Appointment to the Butte County Housing Authority. Action
requested: APPOINT HAROLD BURDICK TO THE BUTTE COUNTY HOUSTNG
AUTHORITY TO SERVE UNTIL APRIL 21, 1987.
6. Mary and Clifi~?rd Long - reneal of variance to X19-10 and/or
19-12 of the Butte County Code for placement of a mobile home
on AP 31-19-21, 2048 Hardnett Court, Oroville area; zoning:
ARMH. Action requested: APPROVE VARIANCE RENEWAL.
7. Bert Berg - renewal of variance to X19-10 and/or 19-12 of
of the Butte County Code for placement of a mobile home on
AP 47-44-08, Route 4, Box 22 A, Garner Lane, Chico area;
zoning: SR1, A2 at time of issuance. Action requested:
APPROVE VARIANCE RENEWAL.
8. John Shelton and Bill St. Clair -rezone (item on which there
is a supplement to a previously certified ETR) from "A-SR"
(agricultural suburban residential) and "SR-1" (suburban
residential - 1 acre parcels) to "PA-C" (planned area -
cluster) to allow the development of a 361 unit residential
development on 75 acres on property located on both sides of
Sycamore Creek, on the north side of Eaton Road, approxi-
mately 2000 feet east of State Highway 99, identified as
AP 44-04-Z00, 101, 102, Chico. Action requested: SET
PUBLIC HEARING MAY 3, 1983, AT 10:30 A.M.
9. Appeal from decision of the Advisory Agency - Meadow Wood
Commons Condominium Project, Chico. Action requested:
SET HEARING APRIL 26 ,. AT 10:30 A.M.
10. Fish and Game budget - request for transfer of funds and relief
from accountability. Action requested: REQUEST BOARD TO APPROVE
RELIEF FROM ACCOUNTABILITY AND AUTHORIZE PURCHASE OF AN MX6
RADIO AND 20-POWER SPOTTING SCOPE.
11. LaPorte Road Bridge @ Natchez Creek, Project No. BRSOS-115(4)-
the joint powers agreement between Butte and Yuba County for
the construction of the above noted bridge was approved on
November 23, 1982. Yuba County has completed the plans and
speficiations for the project. Our share of the costs
is estimated to be $80,000 and is included in our approved
1982-83 budget. Action requested: APPROVE PLANS AND SPECI-
FTCATTONS; AUTHORTZE CHAIR AND DIRECTOR OF PUBLIC WORKS TO
STGN PLANS; AUTHORIZE YUBA COUNTY Ta ADVERTISE FOR BIDS FOR
PROJECT AS SOON A$ AUTHORIZED BY CALTRAN5 AND FHWA.
12. Summary abandonment - Williams Road - a resolution of summary
abandonment has been prepared for a portion of Williams Road
adjacent to AP 41-13-36 that is no longer needed for road
purposes. Action requested: ADOPT RESOLUTION 83-54.
13. Agreement for sale and quitclaim deed - Williams Road - the
owner of the property adjacent to a portion of Williams Road
has requested purchase of the land. An agreement for sale
between the County of Butte and Robert Foster in the amount
Page 10
April 5, 1983
April 5, 1983
of $100 for the .36 acres of surplus property, together with
a quitclaim deed, has been prepared. Action requested:
APPROVE AGREEMENT FOR SALE AND QUITCLAIM DEED CONVEYING
SURPLUS PROPERTY TO ROBERT FOSTER.
14. Right-of-way contract, grant deed, easement deed and temporary
construction easement deed, Oro-Dam Boulevard widening
@ WPRR - Butte County owns a .27 acre parcel located on the
north side of State Highway 162. As part of the widening of
Oro-Dam Boulevard at the railroad underpass by Caltrans,
some of county--owned property is needed. Action requested:
APPROVE RIGHT-OF-WAY CONTRACT AND AUTHORIZE CHAIR TO SIGN
AND AUTHORIZE CHAIR TO SIGN GRANT DEED, EASEMENT DEED AND
TEMPORARY CONSTRUCTION EASEMENT DEED.
MOTION: TO APPROVE CONSENT AGENDA.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-295 Department of Fish and Game - appeals Board of Supervisors approval
of projects AP 28-17-85, Smith; AP 28-17-83, Smithey; and
AP 72-33-46, Schoenstein on the belief that their approval will
substantially injure wildlife habitat and wildlife populations.
(INFORMATION - NO ACTION TAKEN)
129 83-296 City of Chico - tax negotiation meeting.
MOTION: I WOULD MOVE THAT WE ACCEPT UNDER ITEM "A" OF MEMO FROM
ADMINISTRATIVE OFFICE DATED MARCH 29, 1983, AS BEING
THE POLICY OF THE COUNTY AS IT PERTAINS TO RDA'S.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
MOTION: THAT WE CONTINUE WITH MR. HYDE'S PARTICIPATION IN
REPRESENTING THE COUNTY ON RDA'S IN CONCURRENCE WITH
ADMINISTRATIVE STAFF AND AUDITOR AT THE CURRENT RATE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
710 83-297 Penalty abatement requests - change of ownership reports.
MOTION: TO APPROVE
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
725 83-298 Closed hearing re intention to rename a private road in Butte
County -- renaming of the following road: Elliott's Nest Road
(Dunston Drive to Wondering Way) to Las Flores Road - residents
in area have requested name change.
MOTION: I WOULD APPROVE, AS RECOMMENDED BY PUBLIC WORKS.,
ADOPTING RESOLUTION 83-55.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
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April 5, 1983
April 5, 1983
770 83-299 Report to Board on bid opening - Midway @ Oroville-Chico Highway
left turn channelization, Project No. 26311-82-1.
MOTION: I WOULD MOVE THAT WE AWARD THE BID TO BUTTE CREEK ROCK
COMPANY IN THE AMOUNT OF $33,743.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
831 83-300 SB 617 (MCCorquodale). (Supervisor Wheeler)
MOTION: TO SUPPORT SB 617 AND ACCEPT AS OUR POLICY ITEMS 1 - 4
ON MEMO OF MARCH 29, 1983, FROM STAFF.
S Al
VOTE: l Y 2 Y 3 X 4 Y S Y (Unanimously carried)
923 83-301 Ordinance amending §14-48 of the Butte County Code relative to
parking of commercial vehicles weighing 10,000 pounds or more in
residential areas. (CONTINUED TO APRIL 12, 1983).
975 83-302 Additional items from Board members to be addressed:
Letter received from Department of Water Resources offering data
for county's study of hydro dam. - Supervisor Fulton (ADMINISTRATION
TO WRITE TO DEPARTMENT OF WATER RESOURCES ASKING FOR THE DATA OFFERED)
RECESS: 9:38 A.M.
RECONVENE: 10:05 A.M.
Public Hearings and Timed Items
1041 83-303 K. E. Thacker - appeal of requirement for an environmental impact
report on property identified as AP 41-03-115, on a request for
rezoning from S-H and A-2 to PA-C, located on the west side of
Pentz Magalia Highway, approximately one mile north from Oroville
Pentz Road, Paradise. (CONTINUED OPEN TO APRIL 12, 1983, AT
11:00 A.M.)
RECESS: 10:26 A.M.
RECONVENE: 10:34 A.M.
1769 83-304 Gerald Grandstaff - appeal of Advisory Agency's denial of tentative
parcel map (item on which a negative declaration of environmental
impact has been recommended), AP 47-28-56 and 47-41-13, dividing
456.5 acres t for grazing, and single family residential use, one
mild plus east of Hicks Lane, on the south side of Keefer Road,
with a small portion on the north side of Keefer Road, north
Chino area.
MOTION: BASED UPON THE FACT THAT THERE IS SPECIFIC INFORMATION
THAT HAS BEEN PROVIDED I WOULD RECOMMEND DENIAL OF THE
APPEAL BECAUSE OF CONFLICT OF ZONING.
M S
VOTE: l Y 2 X 3 Y 4 Y 5 Y (Unanimously carried)
2873 83-305 Joe Lema, Jr. - appeal of Advisory Agency's denial of tentative
parcel map (item on which a negative declaration of environmental
impact has been recommended), AP 69-11-09, dividing 1.06 acres
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April 5, 1983
April 5, 1983
** into two parcels, one at 0.52 acre and one at 0.54 acre, on Lodgeview
00 Drive approximately 350 feet north of Hillcrest Avenue, Oroville area.
(CONTINUED TO MAY 3, 1983, AT 10:00 A.M.)
873 83-306 Cable television services in unincorporated area of Paradise.
MOTION: I MOVE THAT IN RESOLUTION FORM WE ADOPT AN AGREEMENT WITH
VIACOM CABLEVISION WHICH IS COMPATIBLE WITH AND IDENTICAL
TO THAT WHICH THE TOWN OF PARADISE NOW HAS, AND THE
DIFFERENCE BETWEEN THAT AND WHAT COUNSEL RECOMMENDS IS,
AS YOU KNOW, THE INCLUSION OF THE UNDERGROUNDING REQUIRE-
MENT AND THE RATE CONTROL, AND EXCLUDING SECTION 28.
S M
VOTE: 1 N 2 Y 3 N 4 N 5 Y (Motion failed}
MOTION: I WOULD MOVE THAT WE ADOPT RESOLUTION 83-56, AS SUGGESTED
BY COUNTY COUNSEL WHICH IN EFFECT ELIMINATES SECTIONS
11 "H" and 18 - THE FIRST BEING THE UNDERGROUNDING, THE
SECOND BEING RATE REGULATIONS - AND ELIMINATING SECTION 28
ALSO WHICH CANNOT BE IN A RESOLUTION.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
RECESS: 11:55 A.M.
RECONVENE: 1:40 P.M.
1527 83-307 Recognition of persons wishing to speak:
1. Will Mattley - requesting another deputy district attorney
for his department. (NO ACTION TAKEN. THIS WILL BE CONSIDERED
DURING PRELIMINARY BUDGET PROCESS.)
3000 83-308 Communications
1. Department of Alcohol and Drugs Programs - submits notice of
approval of withdrawal of the Butte County Drinking Driver
Program.
MOTION: ADOPT RESOLUTION 83-57 APPROVING INTERIM SB 38 PROGRAM
S M
VOTE: l Y 2 Y. 3 Y 4 Y 5 Y (Unanimously carried)
2. City of Chico, Vice Mayor Shelton T. Enochs - requests
membership changes in BCAG. (INFORMATION)
3. Carol Ruth Silver, member Board of Supervisors, San Francisco -
requests Board opposition to SB 259. (TABLED)
*** 4. Barbara S. Boyle, Chico - suggests passage o£ a measure and
00 placement of the issue on the November ballot to alleviate
concerns about the Butte County jail. (REFERRED TO ADMINISTRATION)
5. Board of Supervisors, Santa Cruz County - requests support of
state legislation to impose a gasoline surcharge in counties
declared formal disaster areas by Presidential proclamation
in 1982 and 1983. (REFERRED TO CHAIR DOLAN TO CONTACT SANTA
CRUZ COUNTY TO SEE IF HEY HAVE A SPECIFIC PROPOSAL}
age 13
April 5, 1983
April 5, 1983
6. George Deukmejian, governor, State of California - the Governor
provides information on his proclamation of the week of
April 17 as Victims Rights week..
MOTION: MOVE FOR SUPPORT, ADOPTING RESOLUTION 83-58.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
7. G & M Ranches, Inc., Oroville - writes in support of the
Williamson Act. (REFERRED TO ADMINISTRATION TO RESPOND)
8. Butte County Cattlemen's Association - writes in support of
the Williamson Act. {REFERRED TO ADMINISTRATION TO RESPOND)
9. Dorothy L. Subke, Paradise - provides comments on Board of
Supervisors policy for land use. {INFORMATION)
83-309 'Additional Communications:
1. Recommendations from Agricultural Advisory Commission relative
to open. grazing ordinance.
MOTION: THAT WE AGREE WITH THE AGRICULTURAL ADVISORY COMMISSION'S
RECOMMENDATION TO APPOINT SUPERVISORS FULTON AND SARACENI
TO MEET WITH TvVO MEMBERS OF THE COMMISSION, COUNTY COUNSEL,
A REPRESENTATIVE OF THE LANDOWNERS, A REPRESENTATIVE OF
THE CATTLEMEN, AND A REPRESENTATIVE OF THE FEDERAL GOVERN-
MENT TO DISCUSS SOME OF THE CONCERNS RAISED DURING THE
BEARING.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
2. Agricultural Advisory Commission - recommends Board pursue
preparation of soils survey map without the formation of a
soils conservation district for raising money to prepare map.
(NO ACTION TAKEN}
08 3. Oroville Board of Realtors - submits proclamation of April 10--16
as Private Property Week, 1983.
MOTION: TO ISSUE PROCLAMATION THAT-APRIL 10 - 16 IS PRIVATE
PROPERTY WEEK, ADOPTING RESOLUTION 83-59.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
4. Butte-Glenn Medical Auxiliary - requesting proclamation declaring
April 24 - 30 as Organ Donor Awareness Week.
MOTION: TO ISSUE PROCLAMATION DECLARING APRIL 24 - 30 AS ORGAN
DONOR AWARENESS WEEKt ADOPTING RESOLUTION 83-60.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y S Y (Unanimously carried}
111
83-310 Recognition of persons wishing to speak:
1. Jack Egbert -- presenting statement of recommendations from
Nord area homeowners and letter from Mr. Egbert relative to
flooding in the Nord area.
2. Henry McCall - requesting Board write a letter to the Governor
relative to opportunity to vote for a state senator in 1984.
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April 5, 1983
April 5, 1983
RECESS: 2:45 P.M.
RECONVENE: 2:57 P.M.
CLOSED SESSION: The Board recessed at 2:58 p.m. to hold a closed
session on matters of litigation.
RECONVENE: The Board reconvened at 3:35 following closed
session on litigation. (NO ANNOUNCEMENTS MADE)
83-311 Additional items from Board members to be addressed at the end of
the day:
1. Itinerary announced for Northern Supervisors Meeting to be
held in Chico Friday and Saturday. - Supervisor Wheeler
AD3OURNMENT: There being nothing further before the Board the
meeting was adjourned at 3:40 p.m.
it Boar of Supervisors
ATTEST: ELEANOR P4. BECKER, COUNTY CLERK/RECORDER
and ex-officio Olerk to the
B County Board of Supervisors
B
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April 5, 1983