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July 26, 1983
Call to order - Board of Supervisors room, County Administration Center,
25 County Center Drive, Oroville.
Present: Supervisors Fulton, Idoseley, Saraceni and Chair Dolan; Mike Pyeatt,
interim administrative officer; Del Siemsen, county counsel; and, Eleanor M.
Beckerr county clerk, by Rubye Townsley, deputy clerk.
Absent: Supervisor Wheeler.
Pledge of allegiance to the Flag of the United States of America.
Invocation - Supervisor Moseley
83-617 Additional items from Board members to be addressed at the end of the day:
(18)
1. Discussion of a visitor - Supervisor Moseley.
2. Letters received - Chair Dolan.
3. Announcement that annexation to CSA 24 is being abandoned. - Chair Dolan.
4. Discussion o£ cardroom license. - Supervisor Fulton
5. Discussion of the possibility of the Board's taking four weeks off. -
Supexvisor Fulton.
6. Announcement that the Auditor would like to address the Board regarding
Tax and Revenue Anticipation Notes. - Chair Dolan.
83-618 Items removed from the Consent Agenda for separate consideration:
1. Resolution of the City Council of the City of Chico agreeing to a
property tax split for Cohasset Road Annexation District No. 21.
Page 122
July 26, 1983
July 26, 1983
83-619 Consent Agenda
(120)
1. Approval of minutes - July 19 and 20, 1983. Action requested:
APPROVE MINUTES.
2. Renewal of variance to X19-10 and/or §19-12 of the Butte County Code
for placement of a mobile home:
Stanley Boggs, AP 39-12-03, Route 2, Box 850, River Road, Chico area;
zoning: A-10.
David A. and Joann Wilson, AP 65-07-26, 6341 Rambling Way, Magalia
area; zoning: TM-5.
David & Wanda Lee Slankard, AP 65-18-27, 6624 Woodward Avenue, Magalia
area; zoning: RT-lA.
Iris Solis, AP 72-05-20, 5369 Old Olive Highway, Oroville area;
zoning: C-2.
L. B. Webster, AP 26-19-2-12, 2420 Williams Avenue, Palermo area;
zoning: A-2.
Barry & Sandra Rockwell, AP 65-206-12, 6585 Bay Laurel Drive/P, O,
Box 813, Magalia area; zoning: RT-lA.
Chester & Helen Walling, AP 26-4-03, 6755 Irwin Avenue, Oroville
area; zoning: A-2.
Evelyn Lacey, AP 31-20-3-21, 1942 10th Street, Oroville area;
zoning: AR-MH.
Action requested: APPROVE VARIANCE RENEWALS.
3. Ted Runge, Oroville - appeals Advisory Agency's requirement for an
Environmental Impact Report for a Tentative Parcel Map, AP 61-08-145,
four parcels on the south side of Bald Rock Road at Green Cedar Way,
Bald Rock area. Action requested: SET PUBLIC HEARING DATE FOR
AUGUST 16, 1983, AT 10:00 A.M.
4. Michael Pierce - appeals Advisory Agency's requirement for an Environ-
mental Impact Report for a Tentative Parcel Map, AP 28-17-86, four
parcels southeast of Stonep Oaks Blvd., Swedes Flat area. Action
requested: SET PUBLIC HEARING DATE FOR AUGUST 16, 1983, AT 10:15 A.M.
5. Jim Dutro - appeals the Advisory Agency's denial of a time extension
for a tentative parcel map, AP 46-14-023. Action requested: SET
PUBLIC HEARING DATE FOR AUGUST 16, 1983, AT 10:30 A.M.
6_ Appointments to the Citizens Advisory Committee on Drug Abuse. Action
requested: MAKE APPOINTMENTS ACCORDING TO JULY 20 MEMO.. FROM JEAN
COVELL, CO-CHAIR OF'THE COMMITTEE, AS FOLLOWS: JOE GOOLSBY, CHICO;
RON AZEVEDO, OROVILLE; WALLY ZAHND, PARADISE; VERNON McMAINS, GRIDLEY;
DON BOWLBY, CHICO; AL KARGER, CHICO; KIM GAGHAGEN, CHTCO; ANDREA
NELSON, CHICO; GENEVIEVE HOLLOWAY, CHTCO; DALE BENNEPT„ GRIDLEY; AND,
CHARLES FREER, FOREST RANCH.
7. Appointments to the Alcohol Advisory Board. .Action requested: MAKE
APPOINTMENTS ACCORDING TO THE JULY 12, 1983, MEMO FROM RON AZEVEDO,
CHAIRPERSON, ALCOHOL ADVISORY BOARD, AS FOLLOWS: JEAN COVELL, PARADISE;
GARY BRUCE, CHICO; RON AZEVEDO, OROVILLE; JOE GOOLSBY, CHICO;
MEL SARGENT, OROVILLE; VIRGINIA LEWIS, CHICO; VERNON MCMAINS, GRIDLEY;
DON BOWLBY, CHICO; AL KARGER, CHICO; WALLY ZAHND, PARADISE; CHARLES
FREER, FOREST RANCH; DALE BENNETT, GRIDLEY; KIM GAGHAGEN, CHICO;
ANDREA NELSON, CHICO; AND, BETTY FRY, CHICO.
8. Contract - Department of Food and Agriculture apiary inspection
contract for FY 1983-84 - funds to be received $333. Action requested:
APPROVE CONTRACT.
Page 123
July 26, 1983
July 26, 1983
9. Contract - office space for the Victim Witness Program for fiscal year
1983-84 for the sum of $4,800. Action requested: APPROVE CONTRACT.
10. Janet Sutton - submits claim in the amount of $100,000 alleging the
Butte County Sheriff's Department negligently delayed reporting Joe
Elmer Davis as a missing person on or about March 16, 1983. Action
requested: DENY CLAIM, REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
11. Thelma Foster -- submits claim in the amount of $100,000 alleging the
Butte County Sheriff's Department negligently delayed reporting Jae
Elmer Davis as a missing person on or about March 16, 1983. Action
requested: DENY CLAIM, REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
12. Ike and Doreen Norman - submit claim in the amount of $250,000 for
alleged damages by the Butte County Sheriff's Department on or about
March 16, 1983. Action requested: REJECT CLAIM AS BEING UNTIMELY
FILED, REFER TO COUNTY COUNSEL AND RISK MANAGEMENT.
13. North Burbank Public Utility District has proposed an annexation
of approximately 42 acres in and around the Copley Acres Subdivision
and they have agreed to forego property tax. Action requested:
ADOPT RESOLUTION 83-126 AUTHORIZING THE CHAIR TO SIGN A PROPERTY
TAX EXCHANGE AGREEMENT WITH NO CHANGE IN TAX SHARES.
14. Joint powers agreement for the purchase, use and maintenance of a
liquefied petroleum gas prover. County contribution of $320 has been
encumbered. Action requested: APPROVE AGREEMENT.
15. Northpark Subdivision Phasell, Unit II: AP 44-75-all, 47 lots on the
west side of Godman Avenue at Cimarron Drive. The subdivision was
approved on July 14, 1981. Developers have partially completed im-
provements and request one more year to complete construction. They
have provided new performance and labor and materials bonds to
guarantee completion. Action requested: AUTHORIZE CHAIR TO SIGN
NEW SUBDIVISION AGREEMENT.
15. Northpark Subdivision Phase IIk: AP 44-75-40 through 47, located on the
northwest corner of Cimarron Drive and Godman Avenue, Chico area.
Requested is a reversion to acreage and resubdivision of a portion of
Northpark Subdivision Phase II, Unit 11 creating six lots on the
northwest Corner of Cimarron Drive and Godman Avenue. Action requested:
APPROVE DEPOSIT BY DEVELOPER OF $456.59 FOR TAXES OR SPECIAL ASSESSMENTS
WHICH ARE A LIEN, BUT NOT YET PAYABLE. APPROVE FINAL MAP AND ACCEPT
EASEMENTS AS DESCRIBED IN ITEMS (A), (B) AND (C) OF THE OWNER'S
CERTIFICATE ON BEHALF OF THE PUBLIC AND AUTHORIZE CHAIR TO SIGN
SUBDIVISION AGREEMENT.
17. Agreement for sale of building at old Southern Pacific Depot, Skyway
Project No. 51261-83-1:
W. V. & Margaret R. Glowacki - one building - $1,300.
Action requested: APPROVE AGREEMENT OF SALE OF REAL PROPERTY FOR
PUBLIC ROAD PURPOSES, AUTHORIZE CHAIR TO SIGN, AND AUTHORIZE AUDITOR
TO ISSUE WARRANT.
18. Approval of plans and specifications, Keefer Road, Project No. 64141-81-1,
FAS Project, from State Highway 99 to Hicks Lane - plans and specifica-
tions have been completed. Action requested: APPROVE PLANS AND SPECI-
FICATIONS; AUTHORIZE CHAIR AND DIRECTOR OF PUBLIC WORKS TO SIGN PLANS;
AUTHORIZE PUBLIC WORKS TO ADVERTISE PROJECT: ADOPT WAGE SCALE: ANNOUNCE
BID OPENING FOR 11:00 A.M., PUBLIC WORKS OFFICE, AUGUST 18, 1983.
Page 124
July 26, 1983
July 25,' 1983
19. CETA closeout -- the federal government requires the prime sponsor
to submit a final CETA closeout plan by August 1, 1983. The initial
plan provides for all costs necessary to close out the CETA Program.
Action requested: APPROVE THE CETA CLOSEOUT PLAN.
20. CETA - JTPA transition -- the Combined Employment and Training Advisory
Council has considered the release of CETA carryover funds to the
Governor in order to provide cash flow for the first month of JTPA
operations. Action requested: CONCUR WITH THE RECOMMENDATION OF
CETAC TN RELEASING CARRYOVER FUNDS.
21. Salary Ordinance amendment - provides for implementation of a portion
of the Sheriff's reorganization plan by retitling jailer classifica-
tions to correctional officers with no change in salary or benefit
status. Action requested: WAIVE THE FIRST READING OF THE ORDINANCE.
22. Ordinance amending §2-20.1B changing the period of written notice
for removal from office to 180 days relative to the position of
Chief Administrative Officer. Action requested: WAIVE FIRST READING.
(From 7/13/83)
23. John Shelton and Bi11 St. Clair - rezone (item on which there is a
supplement 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 of 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
200 feet east of State Highway 99, identified as AP 44-04-100, 101,
102, Chico. Action requested: SET PUBLIC HEARING AUGUST 16, AT
10:00 A.M.
MOTION: TO APPROVE CONSENT AGENDA WITH DELETION OF ITEM PREVIOUSLY
MENTIONED.
M S
l Y 2 Y 3 A 4 Y S Y (Motion carried)
83-620 Resolution of the City Council of the City of Chico agreeing to a property
(155) tax split for Cohasset Road Annexation District No. 21. (REFERRED TO
CHICO ISSUES COMMITTEE)
83-621 Resolution - request from Auditor - relative to Tax & Revenue Anticipation
(181) Notes.
MOTION: TO ADOPT RESOLUTION 83-127 MODIFYING THE ORIGINAL CONTRACT FOR
PURCHASE OF THE NOTES, AND AUTHORIZING THE AUDITOR WITH THE
ADVICE OF THE TREASURER/TAX COLLECTOR TO NEGOTIATE A NEW PURCHASE
AGREEMENT.
S M
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
Page 125
July 26, 1983
July 26, 1983
Regular Agenda
83-622 Consideration of CDBG agreement amending the contract with Connerly &
(298) Associates, Tnc., increasing the monthly cost from $4,200 to $5,400 and
changing the termination date from 9/30/83 to 6/30/84 to reflect inclusion
of Chapmantown CDBG program activities. (ITEM DELAYED UNTIL LATER IN THE
MEETING)
83-623 Petition asking for work along Lindo Channel removing build-up of rock
(324) and sand. (From 7/19/83) (CONTINUED TO AUGUST 2, 1983)
83-624 Consideration of CDBG agreement amending the contract with Connerly &
(593) Associates, Inc., increasing the monthly cost from $4,200 to $5,400 and
changing the termination date from 9/30/83 to 6/30/84 to reflect inclusion
of Chapmatttown CDBG program activities.
MOTION: TO APPROVE THE CONTRACT WITH CONNERLY & ASSOCIATES, INC.,
INCREASING THE MONTHLY COST FROM $4,200 TO $5,400 AND
CHANGING THE TERMINATION DATE FROM SEPTEMBER 30, 1983, TO
JUNE 30, 1984, TO REFLECT INCLUSION OF CHAPMANTOWN CDBG PROGRAM
ACTIVITIES, SUBJECT TO REVIEW BY AUDITOR, COUNTY COUNSEL AND
RISK MANAGER.
S M
VOTE: l Y 2 Y 3 A 4 Y S N (Motion carried)
83-625 Implementation of Government Code §65852.2. (From 7/12/83)
{1332) (NO ACTION TAKEN. COUNTY ALREADY COMPLIES WITH REQUIREMENTS OF THIS
CODE SECTION)
83-626 Planning Commissioners' concerns regarding implementation of §2-68 of
(1389) the Butte County Code (advisory members) discussion.
MOTION: TO AGREE WITH THE RECOMMENDATION OF THE PLANNING COMMISSIONERS
AND ADOPT THEIR INTERPRETATION OF THAT CODE SECTION, PURSUANT TO
THEIR MEMO DATED JULY 22, 1983.
M S
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
83-627 Proposal for specific committee and guidelines for committee to study
(1608) Department of Fish and Game concerns. (Supervisor Wheeler - from 7/19/83)
(CONTINUED TO AUGUST 2, 1983)
RECESS: 9:55 A.M.
RECONVENE: 10:13 A.M.
83-628 Clarification of item on the consent agenda - CETA )TPA transition. -
Chair Dolan. (IT WAS THE BOARD'S CONSENSUS THAT THE ACTION ON THIS
ITEM WAS TO APPROVE THE RECOMMENDATION OF CETAC TO APPROVE GRANT
MODIFICATIONS FOR CETA FOR THE CARRYOVER TO BE RELEASED)
Page 126
July 26, 1983
July 26, 1983
Public Hearings & Timed Items
83-629 George Wiget - request for variance to §19-10 and/or §19-12 of the Butte
(1650} County Code for placement of a mobile home on AP 21-23-16, 423 Little Avenue,
Gridley; zoning: A-40.
MOTION: TO APPROVE VARIANCE FOR GEORGE WIGET FOR PLACEMENT, OF A MOBILE
HOME ON AP 21-23-16, 423 LITTLE AVENUE, GRIDLEY.
S M
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
83-630 Al Norris and Karrie A11en - appeal relative to the Planning Commission's
(1665) denial of a use permit for a recreational campground on AP 72-01-09.
MOTION: I FIND THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED AND
CONSIDERED IN MAKING THIS DECISION AND FIND THAT THE PROPOSED
USE PERMIT DOES NOT MEET THE REQUIREMENTS OF SECTION 24-47 OF
THE COMPREHENSIVE ZONING ORDINANCE CODE. DENY THE USE PERMIT
FOR A RECREATIONAL CAMPGROUND ON AP 72-01-09 FOR NORRIS AND
ALLEN. MAINLY, IT WILL NOT BE CONSISTENT WITH THE USE THERE,
AND IN NO WAY TO SAY THAT THEIR PLANS AREN'T GOOD.
M S
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
83-631 Continued open hearing - Richard L. Steward and Bruce Parks - abandonment
(2984) of a portion of E. Lindo Avenue between Mangrove Avenue and E. 9th Avenue,
** ChiCO. (CONTINUED TO AUGUST 2, 1983 - CLOSED HEARING)
RECESS: The Board recessed as the Board of Supervisors at 11:10 a.m.
RECONVENE: The Board reconvened as the Air Pollution Control District at
11:10 a.m.
83-632 Air Pollution Control District - consideration of a revised New Source
Review Rule.
MOTION: TO AAOPT AIR POLLUTION CONTROL DISTRICT RESOLUTION 83-1, ADOPTING
NEW SOURCE REVIEW RULE 4-5 WHICH REPLACES EXISTING RULE 4-5,
4-5A, 4-5B AND 4-6; AND AMENDING THE PROPOSED RULE AS FOLLOWS:
(A) DELETE THAT PORTION OF PART 321-B WHICH STATES: 'EXCEPT FOR
ACTIVITIES LOCATED IN COASTAL WATERS.'; AND, (B) INSERT: 'WORST
CASE ESTIMATES OF POINT SOURCE AIR QUALITY IMPACTST TABLE AS AN
ATTACHMENT TO PART 900; AND, (C) DELETE CURRENT SECTIONS 4-5,
4-5A, 4-5B and 4-6.
S I`'i
VOTE: l Y 2 Y 3 A 4 Y S Y (Motion carried)
ADJOURNMENT: The Board adjourned as the Air Pollution Control District at
11:14 a.m.
RECONVENE: The Board reconvened as the Board of Supervisors at 11:15 a.m.
Page 127
July 26, 1983
July 26, 1983
83-633 Don Struble - abandonment of road right-of-way, Olive Avenue, Palermo.
(730)
MOTION: TO ADOPT RESOLUTION 83-128 APPROVING ABANDONMENT.
M S
VOTE: l Y 2 Y 3 A 4 Y S Y (Motion carried)
83-634 Recognition of persons wishing to speak. (NO ONE APPEARED)
83-635 Demonstration of a proposal for a sculpture at the Chico Library.
(749) (THE BOARD VIEWED THE MODEL OF THE PROPOSED SCULPTURE AND EXPRESSED
APPRECIATION. REFERRED THE MATTER TO ARTS COMMISSION, LIBRARX CORPORATION
AND CITY OF CHICO FOR INPUT AS TO IDEAS FOR FUNDING. MR. LUGENBEEL IS
DONATING HIS TIME AND TALENTS, BUT APPROXIMATELX $5,000 IS NEEDED FOR
MATERIALS, INSTALLATION AND PUMPING SYSTEM)
83-636 Communications
(1912)
1. Employment Development Department - advises that Butte County's
estimated allocation of the Job Training Partnership Act Title 11A
funds for the period of October 1, 1983, to June 30, 1984, is
$1,048,047.
2. Town of Paradise - forwards resolution supporting expansion of the
Butte County Intercity Transit System to the Paradise Pines area.
3. Trinity County - Board of Supervisors requests support for HR-1438,
a bipartisan bill to restore fish and wildlife on the Trinity River
Basin.
MOTION: I WOULD MOVE SUPPORT.
M
VOTE: 1 2 3 4 5 {Motion tabled)
4. Town of Paradise - writes to request that the county purchase radar
traffic control units for the California Highway Patrol for use in
Butte County.
5. Shelton Enochs, chairman, Association of Cities - writes that it is the
desire of the members of the Association to be seated and participate
as advisory members of the Butte County Planning Commission. (DISCUSSED
EARLIER IN THE MEETING)
6. Martin Mikolich, Butte Meadows - write to protest restaurant inspection
fees. (REFERRED TO ADMINISTRATIVE OFFICE TO LOOK INTO THIS MATTER AND
TO REQUEST THAT DR. RAITT SPEAK TO THE BOARD AT A LATER DATE)
7. Governor George Deukmejian - forwards proclamation declaring a special
statewide election on December 13, 1983, to determine reapportionment
of Assembly, Senate and Congression Districts. (REFERRED TO ADMINISTRATIVE
OFFICE)
RECESS: 12:01 P.M.
RECONVENE: 1:35 P.M.
Page 128
July 26, 1983
July 26, 1983
83-637 CLOSED SESSION: The Board recessed at 1:36 p.m. for a closed session on
litigation.
RECONVENE: The Board reconvened at 4:02 p.m. following a closed session
on litigation. (NO ANNOUNCEMENTS MADE)
83-638 Additional items from Soard members to be addressed at the end of the day:
(2650)
1. Report of a luncheon in Gridley tomorrow in honor of the Mayor of
Tepuke, New Zealand, who is visiting Butte County. - Supervisor Moseley
MOTION: FOR SUPERVISOR MOSELEY TO REPRESENT THE BOARD AT THE LUNCHEON
AND TO PRESENT A CORSAGE TO THE MAYOR'S WIFE AND A LETTER OF
RECOGNITION FROM THE BOARD.
S M
VOTE: 1 Y 2 Y 3 A 4 X 5 X (Motion carried)
2. Announcement of Sandra Saraceni's birthday. -Supervisor Moseley.
3. Request for clarification of Code Section 15-75 as it pertains
to license for cardrooms. - Supervisor Fulton.
MOTION: THAT IN THIS SECTION 15-75 OF THE BUTTE COUNTY CODE WHERE IT
SAYS 'NO PERSON SHALL BE GRANTED A LICENSE TO CONDUCT MORE
THAN ONE CARDROOM. NO CARDROOM LICENSE SHALL BE ASSIGNABLE OR
TRANSFERABLE' THAT THE LAST THREE WORDS APPLY TO PERSONS, NOT
PLACES.
S M
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
4. Discussion of the extra cost for law enforcement because of the
strike at Louisiana Pacific, and suggestion of triplicate invoicing
of Louisiana Pacific and the Union to pay for the extra costs. -
Supervisor Fulton.
5. Discussion of the possiblity of the Board's not meeting for a month
during parts of September and October. (TENTATIVE AGREEMENT TO MEET
ON SEPTEMBER 6 AND 13, AND THEN IF THE BUDGET IS COMPLETED TO TAKE
OFF FOR A MONTH. CHAIR TO INVESTIGATE THE POSSIBILITY OF THE
ADVISORY AGENCY AND PLANNING COMMISSION NOT MEETING THE MONTH PRIOR
TO THAT IN ORDER TO AVOID PUBLIC HEARINGS DURING-THIS TIME)
6. Announcement that annexation to CSA 24 is to be withdrawn.
MOTION: THAT THE BOARD AUTHORIZE A LETTER TO LAFCO OFFICIALLY WITHDRAWING
THE APPLICATION AND VACATING THE HEARING DATE.
M 5
VOTE: l Y 2 Y 3 A 4 Y 5 Y (Motion carried)
7. Letters to be entered into the record from: Nanette Sagastune, United
Way and Solid Waste Management Board. - Chair Dolan.
RECESS: There being nothing further before the Board at this time the
meeting was recessed until August 2, 1983, at 9:00 a.m.
Page 129
July 26, 1983