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May 24, 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• Saraceni
83-157 Additional items from Board members to be addressed at the end of the day:
1. Report an Fire Departments get-together. - Supervisor Saraceni
2. Comment on article in San Francisco Chronicle. - Supervisor Wheeler
3. Review and respond to Chico mayor's letter on cooperation. - Supervisor
Wheeler..
4. Discussion of JTPA. - Supervisor Wheeler
5. Discussion of legislative alert. - Supervisor Wheeler
83-458 Items pulled from the consent agenda for separate consideration:
1. Outdoor festival permit - Beach Boys Concert
2. Approval of joint Board of Supervisors/Grand Jury audit contract
with the firm of Coopers & Lybrand in the amount not to exceed $23,000.
83-159 Consent Agenda
1. Approval of minutes - May 17, 1983. Action requested: APPROVE MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS B-203,
B-210-THROUGH B-216.
3. State TV Cable request for renewal of franchise and expansion of
franchise area. Action requested: SET PUBLIC HEARING FOR JUNE 21,
1983, 11:00 A.M.
Page 65
May 2A, 1983
May 24, 1983
4. Emergency food and shelter grant. Action requested: APPOINT THE
COUNTY WELFARE DIRECTOR OR HIS DESIGNEE AS THE COUNTY REPRESENTATIVE
TO THE LOCAL EMERGENCY FOOD AND SHELTER BOARD.
5. Donation - Library Trust Fund. Action requested: ACCEPT $500 TO
LIBRARX TRUST FUND FROM THE GRTDLEY QUOTA CLUB FOR THE PURCHASE OF
NEW BOOKS AT THE GRIDLEY BRANCH LIBRARY IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 25355.
6. Public Health - disposition of records. Action requested: AUTHORIZE
THE DEPARTMENT TO DISPOSE OF FILE COPIES OF BIRTH CERTIFICATES, FETAL
DEATH CERTIFICATES AND DEATH CERTIFICATES DURING THE PERIOD JANUARY
1978 THROUGH DECEMBER 1981.
7. Delinquency Prevention Commission - ordinance establishing the Butte
County Delinquency Prevention Commission and designating the Butte
County Juvenile Justice Commission to serve in the capacity. Action
requested: WAIVE THE SECONA READING AND ADOPT ORDINANCE 2353.
8. Annual inspection report - Juvenile Hall facilities. Action requested:
ACCEPT INFORMATION.
9. Claim - damages against the County of Butte - Maxim Bach. Action
requested: DENY CLAIM, REFER TO COUNTY COUNSEL.
10. Final map - Paradise Bluffs Subdivision Unit I, 44 lots on the south
end of Adrian Drive, Paradise Pines area; AP 51-03-10. The Paradise
Bluffs Assessment District No. 1 was approved May 17, 1983. It will
provide the necessary means to guarantee construction of road, drainage,
water and electric facilities within a period of one year. Action
requested: ACCEPT DEPOSIT BY BEVELOPER OF $2,705.38 FOR TAXES OR
SPECIAL ASSESSMENTS WHICH ARE A LIEN BUT NOT YET DUE OR PAYABLE;
APPROVE FINAL MAP; ACCEPT GRANT IN FEE SIMPLE FOR ADRIAN DRIVE,
ACHILLES COURT AND ATHENS WAY AS OFFERED IN THE OWNER'S CERTIFICATE;
ACCEPT PUBLIC UTILITIES AND DRAINAGE EASEMENTS AS OFFERED FOR DEDICATION
IN THE OWNER'S CERTIFICATE; NOTE THAT PARCEL A OFFERED FOR DEDICATION
WAS NOT ACCEPTED AT THIS TIME; AUTHORIZE CHAIR TO SIGN SUBDIVISION
AGREEMENT.
11. Final map - Heritage Estates PAC Subdivision Phase One, 42 lots and
common area on the northwest corner of Rachel Drive and Kelly Ridge
Road, Oroville area; AP 72-01-13, 14, 15 & 16. The developer has
provided an irrevocable letter of credit to guarantee construction of
the road, drainage, water and sewer facilities within one year.
Action requested: ACCEPT DEPOSIT BY DEVELOPER OF $2,198.66 FOR TAXES
OR SPECIAL ASSESSMENTS WHICH ARE A LIEN BUT NOT YET DUE OR PAYABLE;
APPROVE FINAL MAP; ACCEPT GRANT IN FEE SIMPLE FOR ONE FOOT NO ACCESS
STRIPS AS OFFERED IN ITEM 1 OF THE OWNER'S CERTIFICATE; ACCEPT EASEMENTS
DESCRIBED IN ITEMS 2, 3 AND 4 OFFERED FOR DEDICATION TO SPECIFIC
PUBLIC AGENCIES AND UTILITIES ON BEHALF OF THOSE ENTITIES ONLY;
AUTHORIZE CHAIR TO SIGN SUBDIVISION AGREEMENT.
12o Notice of completions - Midway Bridge across Western Canal, Project
No. 26311-81-1 and Dayton Road relocation, Project No. 44191-75-1.
Action requested: ACCEPT PROJECTS AND FILE NOTICE OF COMPLETION.
13. Ordinance establishing speed limit on Alamo Avenue. Action requested:
WAIVE FIRST READING.
15. Ordinance establishing speed limit on Grace Road. Action requested:
WAIVE SECOND READING AND ADOPT ORDINANCE 2354.
MOTION: TO APPROVE CONSENT AGENDA, WITH PREVIOUS DELETION OF ITEMS.3.04
AND 3.06.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y S Y {Unanimously carried)
Page 66
May 24, 1983
May 24, 1983
83-460 Outdoor festival permit - Beach Boys Concert. (PUBLIC HEARING SET
(Z01) FOR THURSDAY, JUNE 9, 1983, AT 9:00 A.M.)
83-461 Approval of joint Board of Supervisors/Grand Jury .audit contract
with the firm of Coopers & Lybrand in an amount not to exceed $23,000.
Action requested: APPROVE CONTRACT. (COMMITTEE TO MEET AGAIN. BOARD
WISHES TO GO WITH THE PROPOSED BUDGET AMOUNT}
Regular Agenda
83-462 Penalty abatement requests - change of ownership reports.
(762)
MOTTON: TO APPROVE PENALTY ABATEMENT REQUESTS FROM: ELEANOR WHELAN
CHAMBERS - AP 062-10-0-019-0; MR & MRS.,JAMES DEAVER,
AP 044-45-0-082-0; ELSTE A. DEEHAN, AP 039-36-0-065-0;
DECOKES L. SANTONI, AP 72-31-0-021-0; RICHARD J. & ALAN
S. CLACK, AP 005-26-1-016-0.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
83-463 CAO recruitment - the screening committee has reviewed the applica--
(782) tions for the Chief Administrative Officer position and forwards
under confidential memorandum the names of the ten approved candidates
plus five alternates. (MR. RACKERBY TO SCHEDULE INTERVIEWS FOR THE
TOP TEN CANDIDATES PLUS THE FOUR IN-COUNTY APPLICANTS FOR MAY 31, 1983,
BETWEEN THE HOURS OF 9:00 TO 11:30 A.M. AND 2:00 P.M. UNTIL COMPLETED.
ONE OF THE TOP TEN IS NO LONGER INTERESTED, MAKING A TOTAL OF THIRTEEN
CANDIDATES TO BE INTERVIEWED)
83-464 Personnel Appeals Commission - the Commission requests budget authori-
(940) zation to employ a hearing officer in the matter of Scofield vs.
Sheriff. Estimated cost for the hearing officer, fees and expenses,
$13,000. Action requested: AUTHORIZE $13,000 TRANSFER FROM THE RESERVE
TO PERSONNEL BUDGET, PROFESSIONAL AND SPECIALIZED SERVICES ACCOUNT.
MOTION: I WOULD MOVE FOR THE ACTION REQUESTED, AUTHORIZING BUDGET
TRANSFER FOR THE HEARING OFFICER, SUT COUNTY WOULD NOT BE
RESPONSIBLE FOR PAYING WITNESS FEES OR COURT REPORTER EXPENSES.
M S
VOTE: l Y 2 Y 3 Y 4 X 5 Y (Unanimously carried)
83-465 Salary Ordinance amendment - creating the Chief Administrative Officer
position at range 37.5 and retitling subordinate staff classifications.
Action requested: WAIVE SECOND READTNG AND ADOPT ORDINANCE.
MOTION: I MOVE FOR THE ACTION REQUESTED, ADOPTING ORDINANCE 2355.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
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May 24, 1983
May 24, 1983
83-466 Sebastiani reapportionment plan. Action requested: ADOPT RESOLUTION
(1200) IN SUPPORT.
MOTION: I MOVE FOR THE ADOPTION OF THE RESOLUTION IN SUPPORT.
S M
VOTE: 1 2 3 4 5 (Motion tabled)
(CONTINUED TO JUNE 7, 1983)
83-467
(1718) Resolution setting office hours for Butte County Library System
effective June 20, 1983.
MOTION: TO ADOPT RESOLUTION 83-87 SETTING LIBRARY OFFICE HOURS
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-468 County Medical Services Program (MIA) - fair hearing procedure.
(1793)
MOTION: TO ADOPT THE PROCEDURE AS PROPOSED BY OUR COUNTY
WELFARE DIRECTOR
M 5
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
MOTION: THAT THE GENERAL ASSISTANCE FAIR HEARING PROCEDURE BE
REVAMPED SO THAT ONLY THOSE CASES THAT ARE CLEARLY
POLICY ISSUES WILL COME BEFORE THE BOARD.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
RECESS: 10:02 A.M.
RECONVENE: 10:22 A.M.
Public Hearings & Timed Items
83-470 Continued open hearing - 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 into two parcels, one at 0.52 acre and one at 0.54 acre,
on Lodgeview Arive approximately 350 feet north of Hillcrest Avenue,
Oroville. (From 5/3/83)
MOTION: NOTE THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIAERED IN MAKING THIS DECISION AND FIND THE PROPOSED
PROJECT COULA NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT
AND ADOPT A NEGATIVE DECLARATION. FIND THE PROJECT CONFORMS
TO THE GENERAL PLAN AND ZONING; AND, EVEN THOUGH THE SITE IS
OUTSIDE THE "OROVILLE URBAN AREA" MAP, THE AREA IS URBAN...
HAS COMMUNITY SEWER, WATER, AND STREETS. AND FIND THAT A
50 FOOT ACCESS WOULA BE TO0 DIFFICULT TO PROVIDE AND A WASTE
OF THE USE OF THE PROPERTY, AND APPROVE THE PROJECT DESIGN
AS BEING IN CONFORMITY WITH SECTION 49, 20-136 "PRIVATE
EASEMENT AS APPROVER ACCESS" FOR URBAN AREAS UNDER THE
Page 68
May 24, 1983
May 24, 1983
SUBDIVISION ORDINANCE, AND UPHOLD THE APPEAL FOR THE TENTATIVE
PARCEL MAP ON AP 69-11-09 FOR JOE LEMA, JR., WITH CONDITIONS
ON MEMO DATED MARCH 31 - NOS. 1 THRU 17.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
83-471 Consideration of time plan and outline for data processing RFP.
(2024)
MOTION: I WOULD MOVE TO APPROVE THE PLAN OUTLINE AS SUBMITTED TO
THE BOARD ON MEMO OF MAY 20, 1983.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Public Hearings & Timed Items
83-472 Sunhill tentative. subdivision - AP 51-02-80 - dividing 62+ acres
(2302) into seven (7) parcels of 5.0 acres to 15.8 acres. Located approxi-
mately 500 feet east of Centerville Road, northeast of Quail Run
Drive, Centerville area. Applicant is appealing condition 13, as
listed on the conditions of approval. The condition reads, "Verify
*'~ 20 feet width and adequacy of bridge to support 20-ton loading.
Bridge to have guardrails and be all year traversable."
MOTION: I WOULD MOVE TO UPHOLD THE APPEAL, CHANGING THE PUBLIC
WORKS CONDITION FROM 20 FOOT WIDTH TO 12 FEET.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
Regular Agenda
83-473 Board of Supervisors - extension of interim A-2 Ltd. on property
(180) identified as AP 44-052-6, 7, 8, 39, 40, 42, 66, 75, 76, 77, 78,
44-59-14, 15, 16, 28, 30. (INFORMATION ONLY)
83-474 Mud Creek - Sycamore Creek Project completion - the Board of Super-
(185) visors, at its May 17, 1983, meeting, approved a resolution making
application to LAFCo for adding to and extending services of County
Service Area 24. McCain Associates have recommended certain items
be done concurrently. Public Works concurs with recommendations and
requests Board direction in proceeding with project. (BOARD CONCURS
WITH RECOMMENDATION, DEL SIEMSEN TO MEET WITH MR. McCAIN TO WORK
OUT PROBLEMS RELATIVE TO FUNDING)
83-475 Resolution concerning changes in maintained mileage within Butte
County - in accordance with Section 2121 of the Streets & Highways Code,
each year the county must certify to Caltrans the current maintained
mileage of county roads which this year is 1,377.40 miles.
Page 69
May 24, 1983
May 24, 1983
MOTION: TO ADOPT RESOLUTION 83-88
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
Public Hearings & Timed Items
83-476 TeleNational Communications -request for cable television franchise
in the Durham area. (From 5/10/83) (CONTINUED TO JUNE 14, 1983
AT 10:00 A.M. STAFF TO OBTAIN MORE INFORMATION)
83-477", Recognition of persons wishing to speak:
(1363)
1. Alex Sarcadi -requesting permission from Board to place a "No
Trespassing" sign on gate. (PRIVATE PROPERTY. NO PERMISSION
NEEDED)
2. Paul Persons - regarding information Board received from U. S.
Department of Agriculture concerning use of pesticides.
3. Martha Dannenhaur - inviting Board to fund-raising tennis tournament.
sponsored by TransMed.
4. Bi11 Cheff - requesting Board to concur with contract award for
LaPorte Natchez Bridge.
MOTION: TO CONCUR IN AWARDING BID
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
5. Karl Ory - regarding letter sent to the Board requesting a
spirit of compromise between county and City of Chico.
RECESS: 12:08 P.M.
RECONVENE: 1:30 P.M.
83-478 Board of Supervisors- specific plan (item on which a draft environmental
(2535) impact report has been prepared} for Bidwell Heights Land Company to
allow the development of an approximate 337 unit cluster and conventional
residential land project with neighborhood commercial and recreation
facilities on Doe Mill Ridge, approximately 7 miles south of Forest
*** Ranch, 3 miles east of State Highway 32, 7 miles east of Chico, zoned
"A-2" (general} and "A-160" (agricultural - 160 acre parcels).
Board of Supervisors - rezone (item on which a draft environmental
impact report has been prepared) for Bidwell Heights Land Company from
"A-2" (general} and "A-160" (agricultural - 160 acre parcels) to
"SR-2, 3, 5, and 10" (suburban residential - 2, 3, 5, and 10 acre
parcels}, "N-C" (nieghborhood commercial), "PA-C" (planned area -
cluster) and "P-Q" (public - quasi-public) on property identified
as AP 46-7I-18 (ptn), 25, 26, 29; 46-81-01 through 17; 51-01-127
through 143; 51-02-03, 98, 99 and 100, 7 miles east of Chico.
(CONTINUED TO JUNE 7, 1983, AT 1:30 P.M.)
RECESS: 2:58 P.M.
RECONVENE: 3:25 P.M.
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May 24, 1983
83-479
(2207)
may 24, 1983
Communications
1. Secretary of the Treasury - provides notice of one year extension
of revenue sharing allotment to Butte County. (INFORMATION)
2. California Farm Bureau Federation - provides comments on Williamson
cancellations and penalty procedures. (REFERRED TO LAND CONSERVA-
TION COMMITTEE)
3. Paradise Ambulance Service - requests policy information on Butte
County ambulance service for 5150'5. (ADMINISTRATIVE STAFF TO
FORWARD ATTORNEY GENERAL'S OPINION TO PARADISE AMBULANCE SERVICE)
4. U. S. Department of Agriculture - provides information and comments
on appeal request for the use of aerially sprayed 2,4-D in approxi-
mately 1,057 acres of the Lassen National Forest.
MOTTON: I WOULD MOVE THAT WE MAKE A REQUEST FOR A STAY OF DECTSION
TO SPRAY AS OUTLINED BY COUNSEL
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
$. Bay Area Mobilhomes - provides alternative measures to Old Magalia
bypass road project. (INFORMATION)
6. County of Santa Cruz - provides information on Senate Sill 22(X)
and a proposed state Constitutional amendment to allow local Boards
of Supervisors to impose limited term local option gas tax increase
for special purpose road repoairs.
MOTTON: TO SUPPORT THEM IN THEIR EFFORTS.
S M
VOTE: l Y 2 Y 3 Y 4 N 5 Y (Motion carried)
83-480 Additional items from Board Members to be addressed:
1. Report of upcoming meeting in Sacramento which Supervisor Wheeler
and Mr. Rackerby will be attending, and the possibility of other
counties coming in with Butte County on JTPA. - Supervisor Wheeler
2. Report of legislative alert received relative to Governor Deukmejian's
closing loopholes, and CSAC's requesting contacting of senators to
urge opposition to earmarking of funds for school financing. -
Chair Dolan
MOTION: TO CONTACT SENATORS URGING OPPOSITION TO EARMARKING OF
ADDITIONAL REVENUE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
3. Report on a fundraiser at Kelly Ridge for CDF. $1629 was raised
to support the fast attack unit. - Supervisor Saraceni
4. Announcement of a water conference in Red Bluff sponsored by
Superior Water this Thursday. - Supervisor Wheeler (SUPERVISORS
WHEELER AND FULTON WILL PROPOSE IN THE FUTURE A STRUCTURE AND
FORMAT FOR A COUNTY WATER COMMISSION)
Page 71
May 24, 1983
May 24, 1983
5. Report on article appearing in the San Francisco Chronicle
regarding action by the Assembly to approve aid for the Coalinga
earthquake victims, but excluding Northern California flooding
victims.
MOTION: TO WRITE A LETTER TO REPRESENTATIVES VOICING OBJECTION.
S M
VOTE: 1 X 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
ADJOURNMENT: There being nothing further before the Board at this
time, the meeting was adjourned at 3:58 p.m.
ATTEST: ELEANOR M, BECK
and ex-officio Clerk to the
But County Board f Supervisors
By:
Page 72
May 24, 1983