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August 9, 1983
Ca11 to order - Board of Supervisors room, County Administration Center,
25 County Center Drive, Oroville.
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.
83-662 Additional items from Board members to be addressed at the end of the
day:
1. Request for Board to approve Public Defender contracts on
a month to month basis. - Chair Dolan.
2. Request for Board to pass a resolution. - Chair Dolan.
83-663 Items removed from the Consent Agenda for separate consideration:
1. Deferred Compensation Plan - Sacramento Savings has proposed an
amendment to the employees' Deferred Compensation Plan which will
enhance the interest earnings for the account.
2. Advance step hiring - the Ffealth Services Director request authori-
zation to hire an extra help occupational therapist at the "B"
step of the range for temporary relief work.
3. Paradise Bluffs Assessment District - agreement for installation,
maintenance and conveyance of new underground electric facilities
and street lighting facilities.
4. Paradise Bluffs Assessment District - Pacific Gas and Electric
Company - agreement to install facilities or perform other work -
relocate pole and anchor.
5. Paradise Bluffs Assessment District - trenching for utilities was
not included in original contract.
Page 140
August 9, 1983
August 9, 1983
83-664 Consent Agenda
(3 0 )
1. Approval of mintutes - August 2, 1983. Action requested: APPROVE
MINUTES.
2. Budget transfer - B-001 - Community Action Program to increase
appropriation in the 1983 CAA Administration from 1982 carryover
funds as previously approved by the State Office of Economic
Opportunity. Action requested: APPROVE BUDGET TRANSFER.
3. Request for variance to §19-10 and/or §19-12 of the Butte County
Code for placement of a mobile home:
Warren T. Ambrose, AP 36-53-05, 2649 Phaeton Drive, Oroville area;
zoning: ARP~IH-3;
Kenneth Raby, AP 63-04-97, Derr Road area, Forest Ranch, P. O. Box
125, Forest Ranch; zoning: TM-5; and,
Clayton B. Chandler, AP 42-29-024, Route 6, Box 324, Chico area,
Meridian Road area; zoning: A-20.
Action requested: SET PUBLIC HEARINGS AUGUST 23, 1983, AT 10:00 A.M.
4. Stanton Marsh - renewal of variance to X19-10 and/or X19-12 of the
Butte County Code for placement of a mobile home on AP 36-11-3-54,
3430 Oro Bangor Highway, Oroville; zoning: Tnt ARMH. Action requested:
APPROVE VARIANCE RENEWAL.
5. Community Action Agency has received approval from the State Office
of Economic Opportunity to amend the Weatherization Assistance
Contract to increase the funding level by $67,000 to weatherize
additional homes and for the purchase of two vehicles (pickup
truck, $6,000; used cargo van, $4,000). Action requested: ACCEPT
AMENDMENT NO. 8300-005 #2 IN THE .AMOUNT OF $67,000.
6. County Fire Warden - mobile equipment - the Clipper Mills Volunteer
Fire Company wishes to donate their 1949 Ford fire engine #53-A,
license #628647, to the County of Butte with the condition that
ownership would revert to the Volunteer Fire Company in the event
fire protection services are drastically reduced due to budgets
that would affect the Clipper Mills Volunteer Fire Company. Action
requested: ACCEPT DONATION.
7. George and Klara N. Baker, Oroville - appeal condition 1 on condi-
tional certificate of compliance, AP 58-21-80. Action requested:
SET PUBLIC HEARING AUGUST 30, 10:30 A.M.
8. Butte County Arts Commission - Addendum No. 5 has been prepared
to the agreement for technical services - Butte County Arts Commis-
sion to acknowledge receipt of $1,176 for the purpose of preparation
of the Butte County Arts Plan Phases I, II and III and programming
activities as determined by the Arts Commission. Action requested:
APPROVE THE LOCAL PRIORITIES GRANT, ADDENDUM NO. 5.
9. Paradise Leash law boundaries and ordinance. Action requested:
WAIVE THE SECOND READING AND ADOPT ORDINANCE 2363 APPROVING REVISED
BOUNDARIES FOR UPPER RTBGE LEASH LAW AREA.
Z0. Midway Orchards - withdrawal from California Land Conservation Act
(item on which a draft environment~limpact report has been prepared)
for 110 acres located on the east side of the Midway at its inter-
section with Mary Bill Ranch Road, between Entler Avenue and Oroville
Chico Highway, south of Chico, identified as AP 40-02-116. Action'
requested: SET PUBLIC HEARING FOR AUGUST 30, 1983, AT 1:30 P.M.
Page 141
August 9, 1983
August 9, 1983
11. County Medical Services Program (CMSP/MIA) - in accordance with the
previously approved notice of intent the State Department of Health
Services has forwarded the 1983-84 contract for CMSP for approval
in the amount of $232,366. Action requested: APPROVE AGREEMENT,
AUTHORIZE CHAIR TO SIGN.
MOTION: TO APPROVE THE CONSENT AGENDA EXCEPT FOR ITEMS PREVIOUSLY
DELETED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimous~y carried)
83-665 Deferred Compensation Plan - Sacramento Savings has proposed an amendment
(60) to the employees' Deferred Compensation Plan which will enhance the
interest earnings for the account. Action requested: APPROVE THE
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I WOULD MOVE APPROVAL OF THE AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried}
83-666 Advance step hiring - the Health Services Director request authoriza-
(130) tion to hire an extra help occupational therapist at the "B" step
of the range for temporary relief work. Action requested: AUTHORIZE
°B" STEP HIRING OF AN EXTRA-HELP OCCUPATIONAL THERAPIST. (CONTINUED
UNTIL LATER IN THE MEETING)
83-667 Paradise Bluffs Assessment District - agreement for installation,
(167) maintenance and conveyance of new underground electric facilities and
street lighting facilities. Action requested: ADOPT RESOLUTION
APPROVING ABOVE-NOTED AGREEMENT AND AUTHORIZE CHAIR TO SIGN AGREEMENT.
Paradise Bluffs Assessment District - Pacific Gas and Electric Company -
agreement to install facilites or perform other work - relocate pole
and anchor. Action requested: AUTHORIZE CHAIR TO SIGN AGREEMENT.
Paradise Bluffs Assessment District - trenching for utilities was not
included in original contract. Action requested: AUTHORIZE TRANCHING
TO BE DONE UNDER FORCE ACCOUNT BY CONTRACTOR. FUNDS ARE AVAILABLE TO
COVER THIS COST. (THESE THREE ITEMS CONTINUED UNTIL LATER IN THE MEETING)
Regular Agenda
83-668 Sheriff-Coroner deposition reporter costs - the requirement for trans-
(205•) cripts of the proceedings on the Scofield appeal will cost approximately
$8,000. The contractor providing the service has submitted a claim in
the amount of $3,SSS.28 and no appropriation has been provided to cover
the claim. Action requested: ESTABLISH APPROPRIATION IN THE AMOUNT OF
$8,000 TO THE SHERIFF-CORONER PROFESSIONAL AND SPECIALIZED SERVICES
ACCOUNT TO COVER THE COST OF TRANSCRIPTS AND APPROVE PAYMENT OF THE
CLAIM SUBMITTED BY BARRY J. DUENSTNG, JULY 28, 1983. (MR. PYEATT
INFORMED THE BOARD THAT AN ADDITIONAL CLAIM FOR 53,204 HAD BEEN RECEIVED)
MOTION: TO ESTABLISH THE APPROPRIATION AND AUTHORIZE PAYMENT OF THE
TWO CLAIMS.
S M
VOTE: 1 Y 2 X 3 Y 4 Y S Y (Unanimously carried)
Page 142
August 9, 1983
August 9, 1983
83-669 Chico Library grounds maintenance - the Work Training Center has
(243) offered to negotiate a contract for the grounds maintenance at the Chico
Library. Action requested: AUTHORIZE THE PUBLIC WORKS DIRECTOR TO
CONDUCT NEGOTIATIONS AND TO BRING BACK A PROPOSAL IN TWO WEEKS.
MOTION: TO DIRECT THAT THE UNION BE CONTACTED ON THIS ISSUE THROUGH
MEET AND CONFER AND AUTHORIZE PUBLIC WORKS DIRECTOR TO SECURE
INFORMATION ON THIS PROPOSAL FOR PROVIDING GROUNDS MAINTEN-
ANCE AT THE CHICO LIBRARY.
M 5
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83--670 Consideration of AB 163 regarding energy regulations. (CONTINUED UNTIL
(332) LATER IN THE DAY)
83-671 Resolution revising the environmental review guidelines for services
(351) in contracting with consultants for the preparation of environmental
impact reports. (REFERRED TO LAND DEVELOPMENT PROCESS COMMISSION FOR
INPUT AND TO BE BROUGHT BACK ON SEPTEMBER 6, 1983)
83-672 Closed hearing - Rock Creek Estates Tentative Subdivision - Mike Dehnke
(408) appeals the Advisory Agency's decision to approve the Rock Creek Estates
Tentative Subdivision, AP 47-23-25, 30 lots plus common area approxi-
mately 6,400 feet north of Keefer Road and Cohasset Highway intersection,
on the north side of Cohasset Road, north Chico area. (From 8/2/83 -
Sheriff's input received as requested on this item)
MOTION: I WOULD MOVE TO DENY THE APPEAL AND APPROVE THE PROJECT
AND FIND THAT THE PROPOSED PROJECT MAY HAVE A SIGNIFICANT
EFFECT ON THE ENVIRONMENT, BUT THAT ALL THE MITIGATION
MEASURES ATTACHED TO MEMORANDUMS DATED JUNE 16, AND ALSO
THE RECOMMENDED MITIGATIONS I THROUGH 3 ATTACHED TO THE
INFORMATION PROVIDED BY STAFF TO THE BOARD OF SUPERVISORS.
THERE WILL N7I'BE AN IMPACT BECAUSE OF THESE MITIGATIONS
THAT ARE CONDITIONS OF THE PROJECT, ENCOMPASSING ALL PUBLIC
WORKS CONDITIONS AND HEALTH DEPARTMENT CONDITIONS.
S M
VOTE: l Y 2 Y 3 AB 4 Y S Y (Motion carried)
83-673 Consideration of forming Butte County Water Commission. (CONTINUED
(580) UNTIL SEPTEMBER 6, 1983)
83-674 Consideration of Butte County Water Users Association letter regarding
(609) Senate Constitutional Amendment No. 16.
MOTION: THAT THE BOARD GOES ON RECORD AS SUPPORTING SENATE CONSTITU-
TIONAL AMENDMENT NO. 16.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 143
August 9, 1983
August 9, 1983
83-675 Communications
(656)
1. U.S. Department of Labor - Ernployment and Training Administration -
in response to incident report 83-ETA-9-009, December 20, 1982,
involving Horace Perro, Jr., former CETA participant, the U.S.
Department of Labor requests Butte County refund $1,128.38 from
nonfederal sources. (REFERRED TO PERSONNEL TO RESPOND)
2. California Office of Controller - submits report of examination of
the Butte County Department of Social welfare. The document is
available for examination in the Administrative office. Recommended
is referral to the Welfare Director and Auditor-Controller for
report to the Board on course of action. (REFERRAL MADE AS REQUESTED)
3. Oroville Rescue Mission - request a waiver of fees for a use permit
and a building permit for their construction activities on a
women's quarters located in south Oroville.
MOTION: I WOULD MOVE TO APPROVE THE WAIVING OF THO5E FEES UNDER
HEALTH AND SAFETY AND THAT IT SERVES A PUBLIC PURPOSE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried).
4. Robert Presley, State Senator - provides information on SB 379
which involves a system of self-certification on financial responsi-
bility and supports the act. It is noted that the Chico Municipal
Court has previously communicated with the Board in opposition to this
bill. (LETTER TO BE SENT TO SENATOR PRESLEY THAT WE ARE SUPPORTIVE
OF THE CONCEPT OF THE LEGISLATION BUT WE ARE VERY CONCERNED ABOUT
THE FINANCIAL BURDEN THIS MANDATES WITHOUT REIMBURSEMENT TO LOCAL
GOVERNMENTS)
5. David W. Lantis, Chico - responds to the request of S & S Produce
for the abandonment of a portion of East Lindo Avenue. (THIS
ABANDONMENT HEARING IS SCHEDULED FOR AUGUST 23}
6. Hamby Surveying, Ina. - expresses concern over the continuing
appeals on the condition to provide curculation in land use issues.
(REFERRED TO THE LAND DEVELOPMENT PROCESS COMMISSION}
83-676 Additional items to be addressed by Board members at the end of the day:
(742)
1. A request for approval of Public Defender contracts on a month-to-
month basis. - Chair Dolan.
MOTION: AUTHORIZE A MONTH-TO-MONTH CONTINUATION OF OUR PUBLIC DEFENDER
CONTRACTSo
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
2. Request for Board to pass a resolution for Sally Ride.
MOTION: TO ADOPT A RESOLUTION OF CONGRATULATIONS ON BEHALF OF THE
BOARD OF SUPERVISORS, THE FIRST COUNTY BOARD WITH A MAJORITY
OF WOMEN, TO THE FIRST WOMAN ASTRONAUT IN SPACE, ADOPTING
RESOLUTION 83-129.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
Page 194
August 9, 1983
August 9, 1983
83-677 Additional Communication item:
(1001)
L .Letter from the Mayor of Paradise regarding the Board's response to
the request from Town of Paradise regarding the purchase of radar
equipment for the CHP. (ADMINISTRATIVE OFFTCE TO RESPOND)
83-678 Advance step hiring - the Health Services Director requests authorization
(1148) to hire an extra help occupational therapist at the "B" step of the
range for temporary relief work. Action requested: AUTHORIZE "B" STEP
HIRING OF AN EXTRA-HELP OCCUPATIONAL THERAPIST.
MOTION: I WOULD MOVE FOR THE ACTION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
RECESS: 9:45 A.M.
RECONVENE: 10:12 A.M.
Public Hearings and Timed Items
83-679 W. T. Ambrose - abandonment of public utility easements:on all lots on
{1172) Carriage Manor PUD.
W. T. Ambrose - abandonment of a public utility easement and light and
air easement, Carriage Manor PUD, Lot 16, AP 08-12-16. (THESE TWO
HEARINGS CONTINUED OPEN TO AUGUST 30, 1982, AT 10:00 A.M.)
83-680 Paradise Bluffs Assessment District - Pacific Gas and Electric Company -
(1248) agreement to install facilities or perform other work - relocate pole
and anchor. Action requested; AUTHORIZE CHAIR TO SIGN AGREEMENT.
Paradise Bluffs Assessment Aistrict - trenching for utilities was not
included in original contract. Action requested: AUTHORIZE TRENCHING
TO BE DONE UNDER FORCE ACCOUNT BY CONTRACTOR. FUNDS ARE AVAILABLE TO
COVER THIS COST.
MOTION: I WOULD MOVE FOR THE ACTION REQUESTED ON THESE TWO ITEMS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
Public Hearings and Timed Items
83-681 Butte County Planning Commission - an amendment to the Butte County
(1321) Code (an item which is not subject to CEQA) as to the applicability
to subsurface mineral rights throughout the county.
MOTION: I WOULD SO MOVE, FIND THAT THE PROJECT IS CATEGORTCALLY
EXEMPT FROM ENVIRONMENTAL REVIEW AND FIND THAT THE PROJECT
IS IN CONFORMTTY WITH THE POLICIES OF THE BUTTE COUNTY GENERAL
PLAN, AND ADOPT ORDINANCE 2364 ADDING TO THE THE BUTTE COUNTY
CODE SECTION 24-57 APPLICABILITY TO SUBSURFACE MINERAL RIGHTS AS
SET FORTH TN THE COPY OF THE ORDINANCE ATTACHED HERTO.
M S
VOTE: I Y 2 Y 3 Y 4 X S Y (Unanimously carried)
Page 145
August 9, 1983
August 9, 1983
Regular Agenda
83-682 Consideration of AB 163 regarding energy regulations. (INFORMATION
(1401) FROM MR. GLANDER. NO ACTION TAKEN)
Public Hearings and Timed Items
83-683 Daniel & Robin Kennedy -rezone (item on which an environmental impact
(1460) report was previously certified) from A-2 (general) and FR-40 (foothill
recreational - 40 acre parcels) to RT-1/2 (minimum density residential -
mobile home - 1/2 acre parcels) located on Athens Way, 150 feet south of
South Park Drive, identified as AP 51-03-10, Paradise Pines.
MOTION: I WOULD FIND THAT THE ENVIRONMENTAL REPORT WAS PREVIOUSLY
CERTIFIED ON OCTOBER 12, 1981, BY THE ADVISORY AGENCX ANA
FIND THAT THE PROPOSED REZONE CONFORMS TO THE BUTTE COUNTY
GENERAL PLAN AND ADOPT ORDINANCE 2365 REZONING 104 ACRES OF
AP 51-03-10, KENNEDY, TO RT-1/2, DELETING THE SOUTHWEST
1/4 OF LOT 3, T22N, R3E, MDB&M, DELETING LOT 10 OF PARADISE
BLUFFS SUBDIVISION. AND THAT PORTION LOCATED WITHIN THE
SOUTH 1/2 OF THE NORTH 1/2 OF SAID SECTION 2, WHICH WILL
REMAIN FR-40. THIS INCLUDES A PORTION OF LOTS 91 AND 92
AND ALL OF LOT 93 OF PARADISE BLUFFS SUBDIVISION.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried}
RECESS: 10:25 A.M.
RECONVENE: 10:35 A.M.
83-684 CSA No. 87 -formation (Upper Mud Cneek) - Board of Supervisors request
(1657) for the formation of a county sex vice area for drainage. LAFCo has
approved the formation.
MOTION: RECOGNIZING THIS IS MERELY A FIRST STEP TN THE PROCEDURE
THAT IS NEEDED TO IMPLEMENT A CSA IN THE NORTH AREA AND
RECOGNIZING THAT THE PUBLIC WILL STILL HAVE AN OPPORTUNITY
DURING THIS NEXT YEAR TO HAVE INPUT IN AECTAING, ALONG WITH THE
BOARD, THE BUDGET CONSIDERATIONS AND WHAT LEVEL OF SERVICE
WILL BE PROVIDED ANA NEEDED IN THE AREA, I WOULD MOVE TO
ESTABLISH THE CSA 87 (KEEFER ROCK CREEK CSA) FOR THE
MAINTENANCE WORK FOR THE EAST SIDE, RESERVING THE RIGHT TO
SET THE BUDGET THIS NEXT YEAR FOR THE MINIMUM WORK THAT MAY
BE NEEDED, ADOPTING RESOLUTION 83-130.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-685 Abbie Lauer - proposed negative declaration regarding environmental
(2703) impact and rezone from FR-20 (foothill recreational - 20 acre parcels)
to FR-5 (foothill recreational 5 acre parcels) located 300 feet west
of Helltown Road, approximately 3/4 mile north from Centerville Road,
Centerville area, identified as AP 63-022-22, etc.
MOTION: I WOULD FTND THAT THE REQUIREMENTS OF CEQA HAVE BEEN COMPLETED
AND CONSIDEREA TN MAKING THIS DECISION AND ADOPT A NEGATIVE
DECLARATION AND FIND THAT THE PROPOSED REZONE DOES CONFORM TO
THE POLICIES OF THE BUTTE COUNTY GENERAL PLAN AND ADOPT
ORDINANCE 2366 FOR 100 ACRES, MORE OR LESS, to FR-5 FOR
ASSESSOR'S PARCELS: 63-02-23, 38, 39, 22, 17, 51-41-01, 31,
03, 04, O5, 08, 51-41-10, 11, 13, 14, 15, and 16, ABBTE LAUER.
Page 146
August 9, 1983
August 9, 1983
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
RECESS: 11:07 A.M.
RECONVENE: 11:14 A.M.
83--686 Recognition of persons wishing to speak:
(3018 )
** 1. Dr. Jon Ebeling - presented the Board with a survey of the
00 Butte County Library System, which was accomplished with the
help of volunteers of the League of Women Voters and Friends
of the Library.
2. Ray Hoskins - regarding the deplorable conditions on Cana Highway
and an appeal to the Board for help.
3. Jack Egbert - regarding the need for a land leveling ordinance
in Butte County
4. Bi11 Houston - regarding the possible closing of fire stations
in the county.
83-687 Robert Berndt - item on which requirement for an environmental impact
(926) report is being appealed; for rezone application from TM-20 (timber
mountain 20 acre parcels) to TM-10 (timber mountain 10 acre parcels)
located southwest of the intersection of Coutolenc Road and Hupp Couto-
lenc Road, approximately 1 3/4 mile east of DeSabla, identified as
AP 65-01-20, Magalia. (WITHDRAWN AT THE REQUEST OF THE APPELANT)
83-688 Special District Augmentation Fund.
(959)
MOTION: TO ADOPT THTS RESOLUTION 83-131; ACCEPT THE RECOMMENDATION
OF PLACING THE EL MEDIO FIRE DISTRICT IN THE SPECIAL NEEDS
CATEGORY; AND, ACCEPT THE GENEROUS OFFER OF THE ADDITIONAL
$38,000 FROM SPECIAL DISTRICTS OUT OF THEIR SHARE OF THE
AUGMENTATION FUND.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
RECESS: 11:58 A.M.
RECONVENE: 2:24 P.M.
83-689 paradise Bluffs Assessment District - agreement for installation,
(1233) maintenance and conveyance of new underground electric facilities
and street lighting facilities. Action requested: ADOPT RESOLUTION
APPROVING ABOVE-NOTED AGREEMENT AND AUTHORIZE CHAIR TO SIGN AGREEMENT.
MOTION: TO ADOPT RESOLUTION 83-132 APPROVING AGREEMENT AND AUTHORIZE
CHAIR TO SIGN AGREEMENT.
5 M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Page 147
August 9, 1983
August 9, 1983
CLOSED SESSION: The Board recessed at 2:26 p.m. for a closed session
on litigation.
RECONVENE: The Board reconved at 2:48 p.m following a closed session
on litigation. (N4 ANNOUNCEMENTS MADE)
RECESS: There being nothing further before the Board at the
time the meeting was recessed at 2:49 p.m. until
10:00 a.m. on August 10, 1983.
]Page 148
August 9, 1983