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May 17, 1983
Call to order -The Board of Supervisors room, County Administration
Building, 25 County Center Drive, 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 of allegiance to the Flag of the United States of America.
Invocation ~- Supervisor Moseley
CLOSED SESSION: The Board recessed at 9:03 a.m. for a closed session.
RECONVENE: The Bcard reconvened at 9:18 a.m. following a closed
session on personnel. (NO ANNOUNCEMENTS MADE)
83-432 Additional items from Board members to be adressed at the end of the
day:
1. Butte County representation at an athletic event. - Supervisors
Saraceni
2. Nomination to the Mental Health Advisory Board - Supervisor Moseley
3. Report on CSAC meeting. - Supervisor Wheeler
4. Request for letter to be sent to CARD. - Chair Dolan
83-433 Items pulled from the consent agenda for separate consideration:
1. Resolution for extensiott of flood control powers to County Service
area 24 and the annexation of an area recently flooded.
83-434 Consent Agenda
1. Approval of minutes - May 10, 1983. Action requested: APPROVE
MINUTES.
2. Budget transfers - Action requested: APPROVE BUDGET TRANSFERS.
3. Forrest McNabb - renewal of variance to Sections 19-10 and/or
19-I2 of the Butte County Code for placement of a mobile home
on AP 40-26-21, 9223 Frederick Lane, Durham area; zoning: A-5.
Action requested: APPROVE VARIANCE RENEWAL
Page 58
May 17, 1983
May 17, 1983
4. Eugene Harrison - renewal of variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home
on AP 31-213-6, 1961 5th Street, Oroville area; zoning: ARMH.
Action requested: APPROVE VARIANCE RENEWAL.
5. Dan & Carol Cody - renewal of variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home
on AP 63-09-22, 4638 Cody Lane, Forest Ranch area; zoning: TM_S.
Action requested: APPROVE VARIANCE RENEWAL.
6. Resignation of Robert J. Baiocchi, secretary, Butte County Fish
and Game Commission. Action requested: ACCEPT RESTGNATTON.
7. Ordinance establishing speed limit on Grace Road. Action requested:
WAIVE FIRST READING.
8. Ordinance establishing speed limit on Marian Avenue. Action
requested: WAIVE SECOND READING AND ADOPT ORDINANCE 2350.
9. Salary Ordinance amendment - this ordinance transfers Clerk to
the Board staff services to Administration, reclassifies positions
in the Treasurer-Tax Collector's Office and establishes the new
Director of Health Services. Action requested: WAIVE THE
SECOND READTNG AND ADOPT ORDINANCE 2351.
10. Salary Ordinance amendment - creating the Chief Administrative
Officer position at range 37.5 and re titling subordinante staff
classifications. Action requested: WAIVE THE FIRST READTNG.
11. CETA modification - summer youth - U. S. Department of Labor has
requested that a modification to the FY 83 plan be submitted by
June 30, 1983. The purpose of this modification is to incorporate
the new funding allocation for the Summer Youth Ernployment Program.
Action requested: APPROVE THE MODTFICATION AND AUTHORIZE CHAIR TO
SIGN STATEMENT OF CONCURRENCE WITH CETAC.
12. Mental Health contract - Chico Community Memorial Hospital. Action
requested: APPROVE AGREEMENT BETWEEN THE COUNTY OF BUTTE AND CHICO
COMMUNITY MEMORIAL HOSPITAL FOR EMERGENCY ROOM SERVICES.
13. County Fire Warden - mobile equipment management - donation of
water tender by Stirling City Volunteer Fire Company. Action
requested: ACCEPT DONATION OF 1970 WHITE SEMI-TRACTOR FROM THE
STIRLING CITY VOLUNTEER FIRE COMPANY.
14. Refund of auction proceeds. Action requested: APPROVE REFUND OF'
$318 PLUS SALES TAX TO GEORGE BEACH, OROVILLE, DUE TO INABILITY
TO CLEAR TITLE ONA 1950 CHEVROLET PANEL TRUCK.
15. Rawlings Construction Co. - appeal of Planning Commission's denial
of rezone from "A-R" (agricultural residential) to "PA-C" (planned
area - cluster) to allow a 41 unit residential development on
property located on the east side of Alamo Avenue, approximately
300 feet south of East Avenue, identified as AP 42-07-169 and 170,
more particularly described as follows: parcels 2 and 3 as shown
on that certain parcel map recorded in the office of the Recorder
of the County of Butte, State of California, on November 9, 1979,
in Book 73 of Parcel Maps, at Page 83 and 84; containing 6.13
acres, more or less, Chico (item on which a draft environmental
impact report has been prepared). Action requested: SET PUBLIC
HEARING FOR JUNE 7 AT 11:30 A.M.
Page 59
May 17, 1983
May 17, 1983
16. Michael Pierce and Francis Costello - appeal of Advisory Agency's
requirement for EIR, AP 28-17-95, four parcels on the southwest
corner of Stoney Oaks Loop and Stoney Oaks Boulevard, Swedes Flat
area. Action requested: SET PUBLIC HEARING FOR JUNE 14 AT
10:30 A.M.
MOTION: TO APPROVE THE CONSENT AGENDA WITH ITEM 3.15 DELETED
S M
VOTE: l Y 2 Y 3 NV 4 Y S Y (Motion carried)
83-435 Resolution for extension of flood control powers to County Service
(110) Area 24 and the annexation of an area recently flooded. Action
requested: ADOPT RESOLUTION OF APPLICATION TO THE BUTTE COUNTY LOCAL
AGENCY FORMATION COMMISSION, AUTHORIZE LETTER TO THE CITY OF CHICO
ASKING COUNCIL CONCURRENCE FOR THE EXPANSION OF POWERS OF CITY/COUNTY
COUNTY SERVICE AREA.
MOTION: TO APPROVE ACTION AS REQUESTED, ADOPTING RESOLUTION 83-79.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
83-436 Reconsideration of Giovanni Bertocchi request for an extension of fee
(157) costs for a building permit and septic system permit. (WITHDRAWN)
83-437 Request from Chico Housing Improvement Program for authorization to
(170) make housing rehabilitation loans within a designated area in conjuntion
with a state HCD Deferred Loan Program.
MOTION: FOR APPROVAL, AS REQUESTED.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-438 Community Action Agency - requests acceptance of an additional $40,000
(215) (contract amendment) from the California State Office o£ Economic
Opportunity for the Energy Crisis Intervention Program contract.
MOTTON: FOR APPROVAL, AS REQUESTED:
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
83-439 Delinquency Prevention Commission - ordinance establishing the Butte
(239) County Delinquency Prevention Commission and designating the Butte
County Juvenile Justice Commission to serve in the capacity.
MOTTON: TO WAIVE THE FIRST READING OF THE ORDINANCE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-440
(242) Amendment No. 1 - cooperative agreement for Chico Urban Area Transit System -
this agreement changes the date by which the City of Chico must submit
the proposed CATS budget to the .county from January 1 to March 1.
Page 60
May 17, 1983
May 17, 1983
MOTION: ACCEPT AMENDMENT CHANGING BUDGET REPORTING DATE FOR CITY OF CHICO
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously Carried)
83-441 John Shelton and Bill St. Clair - rezone (item on which there is a sup-
(260) plement to a previously certified EIR) from "A-SR" (agricultural -
suburban residential) and "SR-1" (suburban residential - one acre parcels)
to "PA-C" (planned area cluster) to allow the development of a 328 unit
residential development on 85 acres with an evaporative sewage disposal
system on 75 acres on property located on both sides of Sycamore Creek,
on the north side of Eaton Road, approximately 2000 feet east of State
Highway 99, identified as AP 44-04-100, 101, 102, Chico. (CONTINUED
TO JUNE 7, 1983)
83-442 Conveyance of development rights and open area easement for agricultural
(280} processing for Dean Doerksen to comply with condition of approval on
use permit on AP 39-08-43. Action requested: AUTHORIZE CHAIR TO SIGN
CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT.
MOTION: FOR APPROVAL OF ACTION, AS REQUESTED
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-443 Amendment to the Chico Area Lane Use Plan Greeline Policy - Study Area
(291) No. 1 for the Bell-Muir Area, File 83-87.
MOTION: TO DIRECT PROPOSAL TO THE PLANNING COMMISSION.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
83-444 Discussion and policy direction - procedure for handling office
(324) remodeling requests. (Supervisor Dolan)
MOTION: TO IMPLEMENT THE SUGGESTION OF ESTABLISHING A FACILITIES COM-
MITTEE - THE PURPOSE TO PROVIDE A MONITORING PROCESS FOR
FACILITIES USE AND EARLY IDENTIFICATION OF POLICY CONCERNS,
SUGGESTING THAT THE FIRST CHARGE TO THE COMMITTEE IS TO SIT
WITH THE ADMINISTRATIVE OFFICE AND REVIEW HOW THESE REQUESTS
COME FORWARD AND TO COME FORWARD WITH A DEFINITIVE POLICY SO
THAT WE ARE CLEAR WHEN IT IS THAT THIS BOARD INTERVENES AND
NOT TO HAVE ADMINISTRATION BY COMMITTEE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(SUPERVISOR SARACENI AND CHAIR DOLAN TO SERVE ON THE COMMITTEE)
83-445 Interpretation of Section 24-33 site requirements, subparagraph a -
(937) lot area on building site. Action requested: DISCUSSION AND INTER-
PRETATION REGARDING ZONING CODE.
MOTION: FOR THE INTERPRETATION FOR ZONING PURPOSES ON SECTION 24-33 I
WOULD FIND THAT TWO UNITS CONNECTED OR NOT CONNECTED SHOULD BE
ALLOWED.
S M
VOTE: 1 2 3 4 5
MOTION AMENDED: TO CHANGE THE WORDING TO REFLECT 'DWELLING UNITS,
WHETHER OR NOT STRUCTURALLY TIED',.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
MOTION: I WOULD MOVE THAT WE DIRECT THIS TO STAFF AND THE LAND DEVELOP-
MENT COMMISSION FOR REVIEW AND A PROPOSAL BACK TO THE BOARD IN
DEFINING THE WORDS 'DWELLING UNIT' AS IT IS APPLICABLE TO
SECTION 24-33, SITE REQUIREMENTS.
Page 61
May 17, 1983
May 17, 1983
S M
VOTE: l Y 2 Y 3 Y• 4 Y. 5 Y (Unanimously carried)
RECESS: 9:58 A.M.
RECONVENE: 10:10 A.M.
Public Hearings and Timed Items
83-446 Robert Armstrong - request for variance to Sections 19-10 and/or 19-12
(1209) of the Butte County Code for placement of a mobile home on Armstrong
Way, Gridley; zoning: A-40. (CANCELLED AT THE REQUEST OF APPLICANT)
83-447: Frances Marubashi - request for variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on
AP 24-22-006, 1418 Kirk Road, Gridley area; zoning: A-40. (CANCELLED
AT THE REQUEST OF APPLICANT)
83-448 Resolution granting Copley Acres Sewer Assessment District jurisdiction
(1230) to the North Burbank Public Utility District.
MOTION: TO ADOPT RESOLUTION 83-80, APPROVING ACTION REQUESTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-449 Contittued hearing - Paradise Bluffs Assessment District No. 1 re
(1320) convenience and necessity. (From 5/3/83)
MOTION: FOR THE ACTION AS OUTLINED IN THE MEMORANDUM OF PROCEEDINGS
FROM MR. BRUNSELL AS FOLLOWS:
- ADOPT RESOLUTION 83-81 FINDING AND DETERMINING THAT THE
PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE CONSTRUCTION
OF THE IMPROVEMENTS.
- AUTHORIZE FILING OF AMENDED ENGINEER'S REPORT.
- ADOPT RESOLUTION 83-82 APPROVING REPORT AND ASSESSMENT.
- ADOPT RESOLUTION 83-83 ORDERING SALE OF BONDS.
- ADOPT RESOLUTION 83-84 AWARDING CONTRACT.
- AUTHORIZE FILING OF NOTICE OF AWARD OF CONTRACT.
- ADOPT RESOLUTION 83-85 AUTHORIZING CHANGE ORAERS.
- AUTHORIZE FILING OF WAIVER OF CA5H PAYMENT PERIOD.
- AUTHORIZE FILING OF PAID AND UNPAID LIST.
- ADOPT RESOLUTION 83-86 APPROVING AGREEMENT WITH DOL ORO
WATER COMPANX.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
83-450 General Flan Amendment - Chico Area Land Use Plan. (TABLED. TO BE
(1619) READVERTISED AT SUCH TIME IT WILL BE RECONSIDERED BY THE BOARD)
~ :~
83-451 H. J. Miller - tentative parcel map - AP 71-01-98, dividing 40 acres
into four ten acre parcels for homesites, located at the end of Deer
Meadow Road, southwest of Ponderose Way, west of Oroville-Quincy
Highway; applicant appeals the Advisory Agency's denial of this project.
(CONTINUED TO JUNE 7, 1983)
83-452
(402} Recognition of persons wishing to speak:
1. Alex Sarcadi -- informing Board of a barricade that has been placed
on Feather Avenue.
Page 62
May 17, 1983
May 17, 1983
2. Barry Myers - regarding travel policy.
3. Kelly Meagher - regarding travel policy.
4. Mrs. Patrick - requesting to go on record as wanting the county to
buy 10 ft. of her property for a right-of-way.
5. Sunny Baker -- regarding the removal of trees East Avenue and Pillsbury.
6. James Rackerby -- advising the Board that a request may be forthcoming
for appropriation of funds for a hearing officer in
the Scofield hearing.
83-453 Butte County Board of Supervisors - proposed negative declaration
(118I) regarding environmental impact and amendment to Butte County Code
Chapter 24, Section 113.5; "L-I" (limited industrial) zone to allow
public and quasi-public uses with a use permit.
MOTION: I WOULD MOVE, FINDING THAT THE REQUIREMENT OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION; AND FIND THAT THE PROPOSED
CODE AMENDMENT CONFORMS TO THE POLICIES OF THE BUTTE COUNTY
GENERAL PLAN; AND ADOPT ORDINANCE 2352 AMENDING THE BUTTE
COUNTY CODE SECTION 24-113.5 TO ADD PARAGRAPH "(b) (USES
REQUIRING USE PERMITS) (1) QUASI PUBLIC USES." AND RE-
NUMBERING EXISTING PARAGRAPH (b) AS (c)., AND ADOPT A
NEGATIVE DECLARATION.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y {Unanimously carried)
Regular Agenda
83-454 Travel policy - formation of Board of Supervisors committee.
MOTION: I WOULD MOVE THAT A BOARD COMMITTEE ON TRAVEL POLICY BE
APPOINTED - SUPERVISOR LEN FULTON AND MYSELF - WITH STAFF
SUPPORT OF COUNTY ADMINISTRATIVE OFFICE, AUDITOR-CONTROLLER
AND COUNTY COUNSEL AND THE CHARGE OF THE COMMITTEE WOULD BE:
1. DETERMINE THE INCIDENCE OF DESIRE TRAVEL BY MEMBERS OF
THE BOARD OF SUPERVISORS AND ALL COUNTY EMPLOYEES.
2. IDENTIFY ASSOCIATED EXPENSES WITH SUCH TRAVEL.
3. CALCULATE ESTIMATED COST (ANNUALIZED).
4. CONSIDERATION OF TIME LIMIT FOR FILING TRAVEL CLAIMS
(PERHAPS 30 DAYS).
5. REVIEW PROCESS FOR TRAVEL CLAIMS SUBMITTED BY BOARD OF
SUPERVISORS - PRESENTLY PERFORMER BY ADMINISTRATIVE QFFICE.
6. RESOLVE THE DISPARITY OF PARTICIPATION BETWEEN BOARD MEMBERS
FOR TRAVEL EXPENSES DUE TO THE EXERCISE OF DIFFERENT OPTIONS,
AND ALL COUNTY EMPLOYEES.
AND ASK THE COMMITTEE TO CLARIFY AND/OR RESTATE TRAVEL AND EXPENSE
POLICY FOR OUT=OF-STATE TRAVEL BY BOARD MEMBERS AND EMPLOYEES, WITH
A REPORT BACK TO THE BOARD THE FIRST PART OF AUGUST.
M S
VOTE; l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 63
May 17, 1983
May 17, 1983
83-455 Communications
(2195)
1. California State University, Chico - Butte County Superintendent of
Schools - provide requests and information on cable television
franchise and franchise renewal. (REFERRED TO CHICO CITY COUNCIL)
2. City of Chico - Mayor - requests a meeting with the City Inter-
governmental Relations Committee to discuss improvements on the
Warner Street Project. (STAFF TO CONTACT MAYOR FOR MUTUALLY
AGREEABLE TIME)
3. Department of Army - Sacramento District Corps of Engineers -
requests confirmation on Board of Supervisors sponsorship or other
support for recreation development and/or fish and wildlife
enhancement on the Sacramento River. (CONTINUED TO JUNE 7, 1983)
83-456 Additional items from Board members to be addressed at the end of the day:
1. A report on the recent boxing event - the Bobby Chacon fight. -
Supervisor Saraceni.
2. Appointment to Mental Health Advisory Board. - Supervisor Moseley
MOTION: TO APPOINT AMADOR GARCIA TO THE MENTAL HEALTH ADVISORY BOARD
IN THE PARENT/CONSUMER CATEGORX, FROM AISTRICT 4.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
3. A report from CSAC that they have gone on record to file at the
appelate court level as friends of the County of Butte in litigation
in the Bach case, and possible other counties will file individually;
and discussion of the governor's proposed budget cuts. - Supervisor
Wheeler.
4. Report on dedication of 20th Street Park by Chico Recreation District.
MOTION: TO SEND A LETTER OF CONGRATULATIONS TO CARD ON THE START OF
THE PARK, AND INCLUDE A BRIEF APOLOGY FOR NOT ATTENDING.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
CLOSED SESSTON: The Board recessed at 12:22 p.m. for a closed session.
RECONVENE: The Board reconvened at 1:00 p.m. following a closed session
on litigation. (NO ANNOUNCEMENTS MADE)
ADJOURNMENT: There being nothing further before the Board at this time
the meeting was adjourned at 1:01 p.m.
hai , Butte County Board of Supervisor
ATTEST: ELEANOR M. BECKER, COUNTY CLERK/RECORDER
and ex-o io Clerk to the
But C u y Board o pervisors
By:
Page 64
May 17, 1983