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BOARD OF SUPERVISORS
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JANE DOLAN, 2nd District, CHAlR
~~ ~ ~ ,y j AL SARACENI, 1st Dia trlet
April 12, 1983 •j ~'•~ ~~~ ~•• HILDA WHEELER, 3rd Dig tries
I>r rr++~~ • BERTHA HOSELEY, sth Dissric[
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• ~ LEN FULTON, 5th District
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Minute Order
Call to order - The Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville, California.
Present: Supervisors Fulton, Moseley, Saracens, 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 of allegiance to the Flag of the United States of America.
Invocation - Supervisor Saracens
_ CLOSED SESSION: The Board recessed at 8:13 a.m. for a closed
^ session on matters of personnel and litigation.
RECONVENE: The Board reconvened at 9:03 a.m. (NO ANNOUNCEMENTS
MADE)
22 83-312 Additional items from Board members to be addressed at the end
of the day:
(a) Request for a discussion relative to the 911 emergency
number and discussion relative to public speaking portion
of agenda. - Supervisor Moseley.
(b) Request for discussion relative to public speaking portion
of agenda. - Supervisor Fulton
(c) Request for a resolution relative to Women's Appreciation Week.
Chair Dolan.
(d) Announcement that she had become an aunt. - Chair Dolan
(e) Announcement that daughter is nationally ranked skier,
ranking 23rd in the nation. - Supervisor Wheeler
104 83-313 Items pulled from the consent agenda for separate consideration:
(a) Douglas Geyer Construction, Oroville - appeals Condition 6 for
approval of Heritage Estates PAC Subdivision, AP 72-02-13, 14,
15 and 16. Action requested: SET PUBLIC HEARING FOR MAY 10
AT 10:30 A.M.
(b) Community Action Agency Administering Board - recommends merit
increase for the Executive Director, Range 23.0, step A to step
B. Action requested: APPROVE MERIT RAISE.
(c) Community Action Agency - LTHEAP contract - $60,000 amendment
to Low Income Home Energy Assistance Program. Funds granted
from Office of Economic Opportunity, State of California.
Action requested: APPROVE CONTRACT.
(d) Ordinance amending ®14-48 of the Butte County Code relative to
parking of commercial vehicles weighing 10,000 pounds or more
in residential areas. Action requested: WAIVE SECOND READING
AND ADOPT ORDINANCE.
Page 16
April 12, 1983
April 12, 1983
125 83-314 Consent Agenda
1. Approval of minutes - April 5, 1983. Action requested:
APPROVE MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS.
3. Penalty abatement request -change of ownership reports -
request submitted over 60 days. Action requested: DENY
REQUEST.,
4. Douglas Dauterman, Winding Creek Estates - abandonment of public
utilities easement, Lot 9. Action requested: ADOPT RESOLUTION
83-61 SETTTNG PUBLIC HEARING FOR MAY 3, 1983, AT 11:30 A.M.
5. Professional license fees - the Memorandum of Understanding
with the Management Unit (MCS} provides for $2,000 to cover
the cost of a required professional license or registration for
unit members. Action requested: APPROVE THE PROFESSIONAL LICENSE
FEE PLAN FOR FY 83 AND TRANSFER NECESSARY FUNDS.
6. Management Training Program - the Memorandum of Understanding with
the Management Unit (MCS) provides for $3,000 in this fiscal year
for management training. The MCS representatives concur with the
Personnel Director in requesting the Board authorize these funds
to purchase a video training system to expand the county's
training ability and minimize future training costs through the
use of video programs. Action requested: APPROVE THE TRANSFER
OF FUNDS TO THE PERSONNEL EQUIPMENT BUDGET AND AUTHORIZE THE
PURCHASING OFFICER TO ACQUIRE THE EQUIPMENT.
7. 1982-83 standard agreement for county health services. Action
requested: AUTHORIZE THE CHAIR TO SIGN THREE COPIES OF THE STANDARD
AGREEMENT FOR COUNTY HEALTH SERVICES; AUTHORIZE THE DIRECTOR OF
PUBLIC HEALTH TO SUBMIT THE AGREEMENT TO THE STATE DEPARTMENT
OF HEALTH SERVICES.
8. Clestel & Mollydeen Howard - renewal of variance to X19-10
and/or 19-12 of the Butte County Code for placement of a mobile
home on AP 72-23-002, 5195 Miners Ranch Road, Oroville area;
zoning: A-5. Action requested: APPROVE VARIANCE RENEWAL.
9. Myral Daffron - renewal of variance to X19-10 and/or 19-12 of the
Butte County Code for placement of a mobile home on AP 25-17-48,
Box 2740 East Cox Lane, Oroville area; zoning: A-5. Action
requested: APPROVE VARIANCE RENEWAL.
10. Bobb Gowen - renewal of variance to X19-10 and/or 19-12 of the
Butte County Code for placement of a mobile home on AP 46-06--1-43,
2700 Mariposa, Chico area; zoning: SR. Action requested:
APPROVE VARIANCE RENEWAL.
11. Mathew Weber - request for variance to X19-ZO and/or 19-12 of
of the Butte Countp Code for placement of a mobile home on
AP 42-06-53, Route 1, Box 750-A, Rodeo Avenue, Chico area;
zoning: A-5. Action requested: SET PUBLIC HEARTNG MAY 3, 1983,
AT 10:00 A.M.
12. Declaration of intent to contract with California Department of
Health Services for participation in the Countp Medical Services
Program (MIA) for the period of July 1, 1983, to June 30, 1984.
Page 17
April 12, 1983
April 12, 1983
Action requested: AUTHORIZE CHAIR TO SIGN DECLARATION,
AUTHORIZE SUBMITTAL TO STATE OF CALIFORNIA.
13. Civil Disaster - Civil Rights Act of 1964. Action requested:
AUTHORIZE COUNTY ADMINISTRATIVE OFFICER TO EXECUTE THE ASSUR-
ANCE OF COMPLIANCE WITH DEPARTMENT OF DEFENSE AND FEDERAL EMERGENCY
MANAGEMENT AGENCY REGULATIONS UNDER TITLE VI OF THE CIVIL RIGHTS
ACT OF 1964 ON BEHALF OF THE COUNTY CIVIL DISASTER PROGRAM.
14. Addendum No. 1 to ayreement for architectural services dated
24 March 1980 for the Butte County jail addition project.
Action requested: APPROVE ADDENDUM N0. 1 TO AGREEMENT AND AUTHOR-
IZE CHAIR TO SIGN.
15. Agreement - architectural services - Butte County Superior Court
roof repairs - has been prepared. Basic services not to exceed
eight percent of construction costs estimated at $70,000. Action
requested: APPROVE AGREEMENT, AUTHORIZE CHAIR TO SIGN.
16. Agreement with IIutte Community College to provide assistance in
the training of emergency medical technicians. Action requested:
AUTHORIZE CHAIR TO SIGN ON BEHALF OF THE COUNTY.
17. Report from County Welfare Director regarding methods of Food
Stamp issuance. Action requested: ACCEPT REPORT.
MOTION: TO APPROVE CONSENT AGENDA
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
142 83-314 Douglas Geyer Construction, Oroville - appeals Condition 6 for approval
of Heritage Estates PAC Subdivision, AP 72-02-13, l4, 15 and 16.
(CONTINUED. STAFF TO REQUEST ADDITIONAL INFORMATION)
240 83-315 Community Action Agency Administering Board - recommends merit increase
for the Executive Director, Range 23.0, step A to step B.
(CONTINUED. ADMINISTRATIVE OFFICER TO OBTAIN ADDITIONAL INFORMATION)
299 83-316 Community Action Agency - LIHEAP contract -- $60,000 amendment to Low
Income Home Energy Assistance Program. Funds granted from Office of
Economic Opportunity, State of California. Action requested:
APPROVE CONTRACT.
MOTION: APPROVED, AS REQUESTED
M 5
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
322 83-317 Ordinance amending X14-48 of the Butte County Code relative to parking
of commercial vehicles weighing 10,000 pounds or more in residential
areas. (CONTINUED TO APRIL 26, 1983, AT 11:00 A.M.)
Regular Agenda
385 83-31$ Planning are II - study committee. (Fulton/Wheeler)
MOTION: TO ACCEPT PLAN, AREA, OBJECTIVES, TIME LINE AND COMMITTEE
COMPRISED OF ALAN AVIS, MICHAEL SCHRADER, RAY JOHNSON,
Page 18
April 12, 1983
April 12, 1983
PAUL PETERSON, KELLY MEAGHER, CHUCK WHITE, DR. COLLINS
AND DR. BECK.
S M
VOTE: 1 2 3 4 5
MOTION AMENDED: TO INCLUDE GENE ROLLS ON THE COb'[MITTEE.
5 P4
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
856 83-319 Penalty abatement requests - change of ownership reports.
MOTION: TO APPROVE PENALTY ABATEMENT REQUESTS EXCLUDING THE
REQUEST OF MR. AND MRS. BERT KELLY.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
MOTION: TO DENY REQUEST OF MR. AND MRS. KELLY.
S M
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion carried)
1018 83-320 JTPA - Private Industry Council - the county has applied for desig-
nation as a Service Delivery Area (SDA) for administration of the Jobs
Training Partnership Act (JTPA} funds. A Private Industry Council
must be created to develop the annual plan. (CONTINUED TO
APRIL 19, 1983)
1048 83-321 State legislation - AB 187 and SB 778 will establish in state law
binding third-party arbitration of interest issues between local
government and unions representing peace officers.
MOTION: T WOULD MOVE TO ADOPT RESOLUTION 83-62 WHICH INCLUBES
ADVISING LEGISLATORS AND FINANCE COMMITTEE OF OUR
OPPOSITION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
1168 83-322 Bean Clipper Road - Yuba County Board of Supervisors requests author i--
zation from Butte County to proceed - report from County Counsel.
MOTION: TO CONCUR WITH YUBA COUNTY'S REQUEST TO AUTHORIZE THEM TO
PROCEED AND THAT BEAN CLIPPER ROAD REMAIN OPEN AS LONG AS
WE CAN BE ASSURED THAT WE BE INDEMNIFIED AGAINST FUTURE
LIABILITY.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
1455 83-323 Feasibility study of possible solutions to the Rock Creek-Nord area
drainage and flooding problems.
MOTION: TO RETAIN McCATN AND ASSOCIATES TO DO FEASIBILITY STUDY.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
1605 83-324 Skyway project - Paradise - Supervisor Fulton to report.
(INFORMATION. NO ACTION TAKEN)
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April 12, 1983
April 12, 1983
Public Hearings and Timed Items
1971 83-325 Lindo West Subdivision - abandonment of a public utilities easement,
lot 22, Chico.
MOTION: MOVE TO APPROVE ABANDONMENT, ADOPTING RESOLUTION 83-63
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
RECESS: 10:07 a.m.
RECONVENE: 10:30 a.m.
SUPERVISOR WHEELER ABSENT AT THIS TIME
2020 83-326 Closed hearing - Craig Donalson - appeal of Advisory Agency's
decision to deny the tentative parcel map for AP 39-36-105, two parcels
on the south side of Orchard Way, 800 feet west of intersection of
Orchard Way and Diamond Avenue, midway between Dayton Road and S. P. R. R.
(Continued from 3/29/83)
MOTION: T WOULD MOVE TO UPHOLD THE CRAIG DONALSON APPEAL OF THE
ADVISORY AGENCY'S DECISION TO DENY THE TENTATIVE PARCEL
MAP FOR AP 39-36-105, TWO PARCELS ON THE SOUTH SIDE OF
ORCHARD WAY, 800 FEET WEST OF INTERSECTION OF ORCHARD WAY
AND DIAMOND AVENUE, MIDWAY BETWEEN DAYTON ROAD AND SOUTHERN
PACIFIC RAILROAD, AND I WOULD INCLUDE IN MY MOTION PUBLIC
WORKS CONDITIONS 1 - 14, AND THE PROPOSED USES WOULD BE
INCONSISTENT WITH THE LAND USE PLAN MAP DESIGNATIONS BUT ARE
SURROUNDED BY AND CONTIGUOUS TO SIMILAR EXISTING USES,
SHALL BE CONSISTENT WITH THE LAND USE PLAN MAP.
S M
VOTE: 1 2 3 4 5
MOTION AMENDED: IN CONFORMANCE WITH GENERAL PLAN AND INCLUDE
FINDINGS OF NEGATIVE DECLARATION REGARDII~ ENVIRONMENTAL
IMPACT.
S M
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
2156 83-327 Doug Warnock _ proposed negative declaration regarding environmental
review and rezone from C-1 (light commercial) to C-2 (general commercial)
property located on the west side of State Highway 32, approximately
8S0 feet south of West Sacramento Avenue, Chico, identified as
AP 43-29-32.
MOTION: I WOULD SO P7OVE FINDING THAT THE PROJECT COULD NOT HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT AND NEGATIVE DECLARATION
IS RECOMMENDED, NOTE THAT THE PREVIOUSLY CERTIFIED NEGATIVE
DECLARATION AND SUPPLEMENTAL INFORMATION HAS BEEN REVIEWED
AND CONSIDERED IN MAKING THIS DECISION; AND FIND THAT A
REZONE TO "C-2" IS CONSISTENT WITH THE POLICIES OF THE
BUTTE COUNTY GENERAL PLAN AND RECOMMEND THAT THE BOARD OF
SUPERVISORS APPROVE REZONE OF AP 43-29-32, WARNOCK, FROM
C-1 TO C-2, ADOPTING ORDINANCE 2346.
M S
VOTE: 1 y 2 y 3 A 4 y S y (Motion carried)
Fage 20
April 12, 1983
April 12, 1983
Regular Agenda-
2300 83-328 Additional flood zone areas in Butte County - Public Works
Director to report. (PUBLIC WORKS TO BRING BACK PROPOSAL TO THE
BOARD AND TO SUPPLY MAPS OF AREAS SUBJECT TO FLOODING)
2483 83-329 Fish and Game Commission requests direction on public hearing for
Oroville State Water Project fish management. (CAO TO PROCEED}
2543 83-330 Chief Administrative Officer Selection Committee.
MOTION: TO APPOINT MICHAEL SCHRADER FROP'f DISTRICT ONE; JACKIE
FARIS-BEES FROP4 DISTRICT TWO; AND MTKKE ASHE FROM
AISTRICT FIVE TO THE SELECTION COMMITTEE.
M S
VOTE: 1 Y 2 Y 3 A 4 Y 5 Y (Motion carried}
2655 83-331 Additional items from Board members to be discussed:
1. Discussion of the 911 emergency number and when it would
be operational, - Supervisor Moseley.
2. Discussion of returning the 11:00 hour for the time for
persons wishing to speak to non-agenda items. - Supervisors
Moseley and Fulton.
MOTION: TO CHANGE THE 2:00 P.M. TIME BACK TO 11:00 A.M.
6 td
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
RECESS: 10:50 A,M,
RECONVENE: 11:12 A,M,
Public Hearings and Timed Items
2912 83-332 Continued open hearing - 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. (From 4/5/83) (CONTINUED OPEN TO
APRIL 19. 1983, AT 11:00 A,M,}
CLOSED SESSION: The Board recessed at 11:14 a.m. for a closed
session on litigation.
RECONVENE: The Board reconvened at 11:32 a.m. (NO ANNOUNCEMENTS MADE)
3025 83-333 Board of Supervisors - proposed negative declaration regarding
** environmental review and rezone from A-40 (agricultural - 40 acre
00 parcels) to A-5 (agricultural S acre parcels) located southwest of
the intersection of State 1~Tighway 99 and Richvale Highway, to
Correct Ordinance No, 1589, west of Oroville. (CONTINUED OPEN TO
APRIL 19, 1983, AT 11:30 A.M.)
Page 21
April 12, 1983
April 12, 1983
495 83-334 Additional items from Board members to be addressed:
1. Request for a resolution relative to Women's Appreciation Week.
Chair Dolan
MOTION: TO ADOPT RESOLUTION 83-64, JOINING WITH CHICO CITY COUNCIL
AND DOG+7NTOWN BUSTNESSPIEN'S ASSOCTATION IN RECOGNITION
OF WOMEN'S APPRECIATION WEEK.
S M
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
2. Nomination of Dan Cargile to Chief Administrative Officer
Selection Committee. - Supervisor Wheeler
MOTION: TO APPOINT DAN CARGILE TO CAO SELECTION COMMITTEE.
M S
VOTE: l Y 2 Y 3 A 4 Y S Y {Motion carried)
3. Request that Supervisor Wheeler be recommended to Governor
Deukmejian as a representative on the Governor's Partnership Task
Force on State and Local Government. - Supervisor Wheeler
MOTION: TO WRITE TO GOVERNOR RECOMMENDTNG APPOTNTMENT OF SUPERVISOR
WHEELER TO THE GOVERNOR'S PARTNERSHIP TASK FORCE ON STATE
AND LOCAL GOVERNMENT,
M 5
VOTE: 1 Y 2 Y 3 A 4 Y S Y (Motion carried)
RECESS: 12:00 P.M.
RECONVENE: 2:05 P.M.
SUPERVISOR SARACENI ABSENT AT THIS TIME
704 83-335 Communications
1. Residents from Peak View Drive and Crest View Drive have
submitted a petition requesting developers' help in improving
roads in their area. (CONTINUED TO APRIL 19, 1983)
2. Chico City Manager writes Mr. Richard H_ Hyde, contract attorney
to Board of Supervisors, on issues surrounding the Chico Muni-
cipal Redevelopment Project. (INFORP'fATION ONLY)
897 83-336 Recognition of persons wishing to speak:
1. Jerry Smith - Presented Board with report of Cooperative
Extension work in Butte County in 1982.
2. Henry McCall - regarding Oroville Planning Commission's ordinance
restricting pornography, and regarding Redevelopment Agencies.
3. James Hansen - regarding United Nations.
83-337 Request from Counsel to authorize representative for county in
Paradise Justice Court.
MOTION: TO AUTHORIZE JOHN MENDONSA OR STEVE RESPLOGLE TO REPRESENT
THE COUNTY IN PARADISE JUSTICE COURT IN A SMALL CLAIMS MATTER.
S M
VOTE: 1 A 2 Y 3 A 4 Y S Y (Motion carried)
Page 22
April 12, 1983
April 12, 1983
ADJOURNMENT: There being nothing further before the Board the
meeting was adjourned at 2:25 p.m.
air, Board of Supervisors
AT7.'SST: ELEANOR M. BEC , COUNTY CLERK/RECORDER
and ex-officio Clark of the
County Board of Supervisors
By:
Page 23
April 12, 1983