HomeMy WebLinkAboutM031583M I N U T E S
March 15, 1983
Minute Order
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BOARD OF SUPERVISORS
JANE DOLAN, 2nd Diauicq CHAIR
AL SARACENI, Ist District
HILpA WHEELER, 3rd Dis trier
BERTHA 5105E LEY, Sth Distriu
LEN FULTON, 5th District
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; bake 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.
Additional items from Board members to be addressed at the end
of the day:
(a) Request from Fish and Game Commission for public meeting
relative to flow waters from Oroville Dam. - Supervisor
Saraceni.
(b) Correspondence relative to a light and easement on property
in Paradise Pines County Club Estates. - Supervisor Fulton.
(c) Information on Revenue Sharing legislation. - Supervisor
Wheeler.
(d) Additional work on Skyway Project.- Supervisor Wheeler
(e) Committee appointments and clarification. - Supervisor Wheeler
(d) Update on Supervisors Meeting. - Supervisor wheeler
(e) Update on upcoming Northern Supervisors Meeting. Supervisor
wheeler
(f) Inquiry as to the status of Open Range ordinance. - Chair
Dolan
(g) Letter from San Diego County regarding concerns for new
legislation. - Chair Dolan
(h) Letter from City of Chico regarding transportation study
update. - Chair Dolan
Items pulled from the consent agenda:
(a) Ordinance adding Article 13 to the Butte County Code -
Delinquency Prevention Commission. (ITEM REMOVED FROM AGENDA)
Consent Agenda
i. Approval of minutes - P4arch 8, 1983. Action requested:
APPROVE MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS.
3. Neale W. Dietz - renewal of variance to Sections 19-ZO and/or
19-12 of the Butte County Code for placement of the mobile
home on AP 40-30-64, 2392 Blossom Lane, Durham area. Zoning:
A-5. Action requested: APPROVE VARIANCE RENEWAL.
4. Hetty Anderson - renewal of variance to Sections 19-ZO and/or
19-12 of the Butte County Code for placement of a mobile k~ome
on AP 56-07-33, Box 112 G Cohasset Stage, Chico area. Zoning:
TA1-5. Action requested: APFROVE VARIANCE RENEWAL.
5. Penalty abatement rest submitted over 60 days - Brian
Heinz, AP 055-45-006 =2/14/83. Action requested: DENY
PENALTY ABATEPAENT REQUEST.
Page 485 March 15, 1983
,.._.
', March 15, 1983
6. Lindo West Subdivision - abandonment of a public utilities
easement, Lot 22. Action requested: ADOPT RESOLUTION 83-32,
SETTING PUBLIC HEARING FOR APRIL 12, 1983, AT 10:00 A.M.
7. Doug Warnock - proposed negative declaration regarding environ-
mental review and rezone from C-1 (light commercial) tc C-2
(general commercial) property located on the west side of
State Highway 32, approximately 850 feet south of West Sacra-
mento Avenue, identified as AP 43-29-32, Chico. Action
requested: SET PUBLIC HEARING FOR APRIL 12, 1983, AT
10:30 A.M.
8. Board of Supervisors - proposed negative declaration regarding
environmental review and rezone from A-40 (agricultural - 40
acre parcels) to A-5 (agricultural 5 acre parcels) located
southwest of the intersection of State Highway 99 and Richvale
Highway, to correct Ordinance 1589, west of Oroville. Action
requested: SET PUBLIC HEARING APRIL 12, 1983, AT 11:30 A.M.
9. Appointment to the Paradise Memorial Hall committee. Action
requested: APPOINT MILFRED GADD TO THE PARADISE MEMORIAL
COMMITTEE TO SERVE UNTIL JUNE 15, 1983, OR UNTIL THE APPOINTMENT
OF HIS SUCCESSOR.
', 10. Library donation - from Friends of the Library, Gridley,
in the amount of $500. Action requested: ACCEPT DONATION
IN ACCORDANCE WITH GOVERNMENT CODE §25355.
11. Library donation - from Friends of the Library, Chico, in
the amount of $420. ACCEPT DONATION IN ACCORDANCE WITH
GOVERNMENT CODE §25355 IN MEMORY OF DR. CHARLES MCCULLOCH.
12. Claim - Ronald R. Conte, Chico, submits claim in the amount
of $15,000 claiming Ioss due to improper maintenance of
California Park lakes and waterways. Action requested:
REJECT CLAIM, REFER TO COUNSEL/RISK MANAGEMENT.
13. Claim - Danny McDaniel, Chico, submits claim for injuries
', occurring at Ceres and East Avenue on November 16, 1982.
Action requested: DENY CLAIM, REFER TO COUNSEL/RISK
MANAGEMENT.
MOTION: TO APPROVE CONSENT AGENDA.
S M
', VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
', Regular Agenda
158 ', 83-225 Penalty abatement requests - change of ownership reports
MOTION: TO APPROVE PENALTY ABATEMENT REQUESTS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
MOTION: TO KEEP THESE ON THE REGULAR AGENDA WITH A MEMO
LISTING THE REASONS.
S M
VOTE: l Y 2 N 3 Y 4 Y S Y (Motion carried)
414
83-22b Recruitmen~_; plan_.- a recruitment plan has been prepared establishing
-the process for selection of the Chief Administrative Officer
Page 486
March 15', 1983
March 15, 1983
MOTION: TO WAIVE SECOND READING AND ADOPT ORDINANCE 2341
M S
', VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
MOTION: I WOULD MOVE THAT WE ESTABLISH A SALARY RANGE OF 37.5.
S M
VOTE: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
2033
~*
00
162
388
MOTION: I WOULD MOVE THAT WE AS BOARD MEMBERS ARE ABLE TO SELECT
ONE PERSON EACH FOR AN EXECUTIVE SCREENING COMMITTEE,
SUBJECT TO RATIFICATION BY THE BOARD, AND GIVING PUBLIC
NOTICE OF THE OPPORTUNITY TO SERVE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
MOTION: I MOVE NOT TO REIMBURSE FOR TRAVEL EXPENSES FOR
CANDIDATES.
M S
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion carried)
MOTION: I MOVE THAT WE ASK THE SCREENING COMMITTEE TO SUBMIT A
RANK ORDII2ED LIST OF TEN NAMES AND THAT AT THE TIME WE
ARE FORCED TO MAKE THE DECISION AS TO HOW MANY WE WILL
INTERVIEW THAT WE THEN CHOOSE THAT NUMBER FROM THE TEN.
S M
', VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
MOTION; TO .APPROVE THE ~2ECRUITMENT PLAN WITH THE ADDITION THAT
THE ACTING ADMINISTRATOR WORK WITH MR. RACKERBY TO
ASSIST IN THIS PROCEDURE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(NOMINATIONS FOR APPOINTMENTS TO SCREENING COMMITTEE ON APRIL 12, 1983)
RECESS: 9:08 A.M.
RECONVENE: 9:25 A.M.
83-227 Report on budget process - Financial Projection Committee.
MOTION: THAT THE REPORTS THAT HAVE BEEN COMPILED BE GIVEN TO THE
ADMINISTRATIVE STAFF TO IMMEDIATELY FORMULATE THE
PROPOSED BUDGET AND BRING BACTt TO THE BOARD FOR DIS-
CUSSION, DECISIONS, ETC., AND THAT THERE IS NO FURTHER
NEED FOR THE FINANCE COMMITTEE AS THE STRUCTURE NOW
EXISTS.
S M
I VOTE: 1 X 2 N 3 Y 4 Y 5 N {Motion carried)
83-22$ Preliminary report on damage to public roads, creek banks,
levees and drainage channels due to flooding. {PUBLIC WORKS
TO PROVIDE BOARD WITH LIST OF ROAD DAMAGES AND SOME INDICATION
OF WHAT THE FEDERAL ASSISTANCE MIGHT POSSIBLY BE TO RECOVER)
3-22.9 Re~,aor-t--~-location--of Flood Disaster Assistance Center. (THROUGH
THE ASSISTANCE OF CONGRESSMAN CRAPPIE'S OFFICE THERE WILL BE A
FLOOD DISASTER ASSISTANCE CENTER IN-CHICO AT THE EDUCATION
Page 487
March 15, 1983
March 15, 1983
BUILDING AT THE FAIRGROUNDS FRIDAY AND SATURDAY FROM 9:OO A.M.
TO 6:00 P.M...
MOTION: TO SEND OUR APPRECIATION TO CONGRESSMAN CRAPPIE AND
HZS STAFF FOR THEIR ASSISTANCE.-
'.. S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
600
633
727
871
1200
Public Hearings and Timed Ttems
I83-230 Public Hearing - Adrianne Morrucci - abandonment of a public utili-
ties easement, Kelly Ridge Estates Unit No. 3, Lot 61.
MOTTON: TO APPROVE ABANDONMENT, ADOPTING RESOLUTION 83-33.
M 5
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
'83-23I Public Hearing - Intention to rename Knob Road (Big Bend Road
to Big Bend Road) to Park Hi11 Circle.
MOTION: APPROVE RESOLUTION 83-34, APPROVING ACTION REQUESTED.
S M
', VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
!83-232 Crouch Ditch drainage report. (INFORMATION. CHAIR DOLAN TO
COMf4UNICATE OPTIONS TO PEOPLE IN THE AREA)
',83-233 Small hydros -response by the Planning Commission to a Board
referral.
', MOTION: IN THE INTEREST OF CELERITY IN GOVERNMENT, I WOULD
MOVE THAT WE NOT REQUIRE A USE PERMIT IN THIS
PARTICULAR CASE.
S M
VOTE 1 2 3 4 5
MOTION AMENDED: TO INCLUDE F-R, T-M AND C-F ZONING AS EXEMPT
FROM USE PERMITS.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
',83-234 Appointments to the Superior California Water Association.
MOTION: I WOULD MOVE FOR THE APPOINTMENT OF DON HEFFREN AND
KAREN VERCRUSE A3 THE PUBLIC REPRESENTATIVES ON OUR
SUPERIOR WATER,
S f~?
VOTE: 1 2 3 4 5
MOTION AMENDED: TO INCLUDED THAT A LETTER BE SENT TO MR.
MADIGAN.
M
VOTE: 1 2 3 4 5
Page 488
March l5, 1983
1345
2961
2993
3035
1009
I March 15, 1983
MOTION AMENDED: APPOINT AS OFFICIAL MEMBERS, DON HEFFRON AND
AND KAREN VERCRUSE AND DESIGNATE MR. MADIGAN
AS ALTERNATE
S M
VOTE: l Y 2 N 3 Y 4 N 5 N (Motion failed)
MOTION: T WOULD MOVE HEFFRON AND MADIGAN, AND VERCRUSE
AS ALTERNATE
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
', Public Hearings and Timed Items
183-235 Public Hearing - Kenneth Haddick - appeal of Advisory Agency's
approval of the Sheldon tentative parcel map, AP 73-30-21, four
parcels, east of Forbestown Road on Bamford Way. (CONTINUED
OPEN HEARING TO MARCH 22, 1983, AT 10:30 A.M.)
'83-236 Public Hearing - Larry McKinney - appeal of Planning Commission's
', denial of a use permit for 22 duplexes on AP 31-29-001, Thermalito.
(WITHDRAWN AT THE REQUEST OF MR. McKINNEY)
183-237 Public Hearing - Harry J. Mairani - abandonment of a public utilities
', easement, Kelly Ridge Estates Unit No, 1, Lot 109.
MOTION: TO APPROVE ABANDOND7ENT, ADOPTING RE80LUTTON 83-35.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
i83-238 Discussion of drainage issues northwest drainage basin
MOTION: TO GIVE THAT DIRECTION OF SUPPORT TOWARD THE INITIAL
', STUDY OF WORK AND ESTIMATE OF COST FOR PROPERTY OWNERS
TO COMPLETE THE MUD CREEK LEVEE SYSTEM,AND RELATED WORK
', AND TO ASSIST WITH FORMATION OF DISTRICTS, ENVIRONMENTAL
ASSESSMENT, INTERVENTION WITH STATE AND LOCAL AGENCIES.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
MOTION: THAT WE GO AHEAD AND DIRECT PUBLIC WORKS TO BEGIN THE
ADMINISTRATIVE PROCEEAINGS THROUGH LAFCo FOR THE CONSIDERA-
TION OF ESTABLISHMENT OF A COUNTY SERVICE AREA FOR THE
KEEPER SLOUGH, ROCK CREEK AREA. THAT THE PEOPLE IN THAT
PARTICULAR NORTH AREA UNDERSTAND THEY ARE GOING TO BE
PARTICIPANTS IN THIS AND HAVE CONTROL OVER WHAT, IN FACT,
IS GOING TO HAPPEN OUT THERE;. AND THAT THE BOARD GIVE
DIRECTION TO PUBLIC WORKS TO APPLY FOR ANY CHANNEL
MAINTENANCE FUNDING THAT MAY BE AVAILABLE THAT MAY BE
AVAILABLE THROUGH THE CORPS OF ENGINEERS.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
';83-239 Public Hearing - Henry T. Runge, Jr. - appeal of Advisory Agency's
denial of his appeal of the requirement fox an environmental
impact report - tentative parcel map, and one 10 acre, one 13 acre,
and and two 20 acre parcels, located approximately 1,600 feet
south of intersection of Encina Grande Road and Oro Quincy Road.
Parcel fronts Oro Quincy Road. Item on which requirement for an
environmental impact report is being appealed.
', MOTION: WHILE CEQA REQUIRES THAT MAJOR CONSIDERATION BE GIVEN TO
PREVENTING ENVIRONMENTAL DAMAGE, IT IS RECOGNIZED THAT
PUBLIC AGENCIES F~VE OBLIGATIONS TO BALANCE OTHER PUBLIC
~'ee 489
March 15, 1983
March 1~, 1983
', OBJECTIVES, INCLUDING ECONOMIC AND SOCIAL FACTORS IN
DETERMINING WHETHER AND HOW A PROJECT SHOULD BE APPROVED.
1. RESIDENTS WILL BE REQUIRED TO MEET THE FIRE DEPARTMENT
REQUIRECdENT5 TO MITIGATE CONCERNS OF;~THE FIRE HAZARD.
2. THE CREATION OF PARCELS OF THIS SIZE IN THIS AREA
WOULD NOT BE A BARRIER TO DEER MIGRATION. DUE TO THE TOPO-
GRAPHY IN THE AREA, THERE WILL REMAIN UNDEVELOPED AREAS
FOR DEER MIGRATION.
3. CLUSTERING OF HOMESITES WOULD BE UNREASONABLE BECAUSE
USABLE SEWAGE AISPOSAL AREAS WOULD BE LIMITED.
4. THE DISTANCE TO PUBLIC SERVICES IS A MATTER OF CHOISE.
MITIGATION i~IEASURES:
1. IF AN ARCHAEOLOGICAL/HISTORICAL SURVEY IS DEEMED NECESSARY
AND SIGNIFICANT CULTURAL RESOURCES ARE DISCOVERED, THE
TENTATIVE MAP IS TO BE REFERRED BACK TO THE ADVISORY AGENCY
FOR APPROPRIATE MITIGATION MEASURES.
2. UTILIZE STANDARD EROSION CONTROL MEASURES AND CON-
STRUCTION PRACTICES TO MINIMIZE EROSION AND OTHER CONSTRUC-
TTON IMPACTS.
', I FIND THAT ALTHOUGH THE PROPOSED PROJECT COULD HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT, THERE WILL NOT BE
A SIGNIFICANT EFFECT IN THIS CASE BECAUSE THE MITIGATION
MEASURES DESCRIBED HAVE BEEN ADDED TO THE PROJECT, AND
ADOPT A NEGATIVE DECLARATION AND UPHOLD THE APPEAL OF THE
REQUIREMENT FOR AN ENVIRONMENTAL IMPACT REPORT.
t4 S
VOTE: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
138fi 83-240
Business from the floor:
(a) Report to the Board of last night's Fish and Game meeting. --
Mr. Baiocchi.
MOTION: THAT WE AUTHORIZE CHAIRMAN TO SIGN A LETTER REQUESTING FROM
D.W.R. THAT THEY ATTEND A PUBLIC HEARING HELD BY THE BUTTE
COUNTY BOARD OF SUPERVISORS PRIOR TO THE FINAL AGREEMENT
BET-N1EEN D.W.R. AND THE DEPARTMENT OF FISH AND GAME.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
(b) Reguest that the 11:00 a.m. hour be reinstated as the time for
business from the floor. - James Hansen.
(c) Article in newspaper and comments relative to Matthews Redi-mix;
small hydros as a possible source of revenue for county. - Gene
Mercer.
', RECESS: 12:30 p.m.
RECONVENE: 1:43 p.m.
', Public Hearings and Timed Items
2303 83-241 Public Hearing - Lowell V. Smith - appeal of Advisory Agency's
denial of tentative parcel map, AP 28-17-85, to create four parcels
', approximately 1200 feet wouth of Swedes Flat Road and Stoney Oaks
Boulevard intersection on west side of Stoney Oaks Boulevard, north
of Bangor (item on which negative delcaration of environmental
impact has been recommended).
MOTION: THE BOARD OF SUPERVISORS HAS ALREADY DETERMINED THERE WILL
NOT BE A SIGNIFICANT ENVIRONMENTAL IMPACT FROM THIS PROJECT
AND THE LETTER FROM THE DEPARTMENT OF FISH AND GAME IS VERY
GENERAL, DOES NOT GIVE ANY SPECIFIC DATA FROM THE PROJECT
AREA, AND DOES NOT CHANGE THE DETERMINATION OF A NEGATIVE
DECLARATION. AS STATED TN THE "BIG GAA1E HABITAT MANAGEMENT
PLAN - MORETOWN HERD UNIT 1965-1966, PREPARED BY U.S.
?ago 490
March 15, 1983
March 15, 1983
853
FOREST SERVICE/PLUMAS NATIONAL FOREST WITH ASSISTANCE OF
CALIFORNIA DEPARTMENT OF FISH AND GAME; THE MORETOWN HERD
UNIT ENCOMPASSES AN AREA OF APPROXIMATELY 565 SQUARE MILES.
IT IS ABOUT 15 MILES WIDE AND 38 MILES LONG EXTENDING FROM
', PQT. CLAREMONT AND NELSON POINT NEAR QUINCY, PLUMAS COUNTY
TO THE CONFLUENCE OF THE MIDDLE AND SOUTH FORKS, FEATHER
RIVER, IN BUTTE COUNTY, ENCOMPASSING MOST OF THE WATERSHED
OF THESE TWO STREAMS WITHIN THIS AREA. REFINEMENT IN BOUND-
', ARIES .ARE BASED ON THE STATEWIDE SURVEY EXCEPT IN THE AREA
NEAR OROVILLE RESERVOIR, AND ALTHOUGH GAME BULLETIN #6 SHOWS
THE HERD AREA TO BE 760 SQUARE MILES, THIS FIGURE APPEARS
TO BE ERRONEOUS. THE WESTERN BOUNDARY EXTENDING SOUTH FROM
BIG BALD ROCK TO THE OROVTLLE RESERVOIR ANA SOUTH AND EAST
ALONG THE RIDGE FROM STRINGTOWN MOUNTAIN TO SUNSET HILL
AND WOODLEAF~IS, FOR THE MOST PART, AN ARBITRARY LINE.
OBSERVATION TO DATE INDICATES THAT MOST OF THE MIGRATORY
DEER USUALLY WINTER AS HIGH ON THE SLOPES AS SNOW WILL
PERMIT. NO HERD COMPOSITION COUNTS HAVE BEEN MARE DUE TO
THE TNACCESSTBLE TERRAIN AND DIFFICULTY OF OBTAINING A
RELIABLE SAMPLE. I MOVE TO UPHOLD THE APPEAL WITH THE
', CONDITIONS OF THE PUBLIC WORKS DEPARTMENT 1 THROUGH Z0,
', ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS 12 THROUGH 15,
AND ENVIRONMENTAL REVIEW MEASURE NUMBER 3 of MEMO DATED
MARCH 10, 1983, FOR LOWELL V. SMITH, TENTATIVE PARCEL
MAP, AP 28-17-85.
M 5
VOTE: 1 2 3 4 5
MOTION AMENDED TO INCLUDE: T WOULD FIND IT CONSISTENT WITH THE
GENERAL PLAN IN THAT THE DENSITY PROPOSED AND THE INTENSITX
OF LAND USE TS COMPATIBLE WITH THE ADJACENT AREA. THAT THE
TRAFFIC-CARRYING CAPACITIES AND PROPOSED CIRCULATION PLANS
WILL ADEQUATELY HANDLE THE PROPOSED DENSITY. THAT THE
REQUIREMENTS MEET THE STANDARDS OF THE COUNTX FIRE DE-
PARTP+IENT - WILL PROVIDE FOR ADEQUATE FIRE PROTECTION
SERVICES IN THE AREA. FIND THAT EXISTING COMMUNITY SERVICES
ARE ADEQUATELY AVAILABLE. THE BOARD HAS PREVIOUSLY MADE
VERY SPECIFIC FINDINGS REGARDING THE IMPACT ON DEER HERD.
M S
VOTE: l Y 2 N 3 Y 4 X 5 N (Motion carried)
83-242 Public Hearing - Shirley Smithey - appeal of Advisory Agency's
', denial of tentative parcel map and proposed Public Works' Conditions
9 and 10, AP 28--17-83, to divide 39 acres more or less to create
four parcels, one at eight acres and three at ten acres for resi-
dential use, on the north side of Obert Drive, 1300 feet east of
Stoney Oaks Boulevard, Swedes Flat area (item on which negative
declaration of environmental impact has been recommended).
MOTION: THE BOARD OF SUPERVISORS HAS ALREADX DETERMINED THERE WILL
NOT BE A SIGNIFICANT ENVIRONMENTAL IMPACT FROM THIS PROJECT
AND THE LETTER FROM THE DEPARTMENT OF FISH AND GAME.IS VERY
GENERAL, DOES NOT GIVE ANY SPECIFIC DATA FROM THE PROJECT
AREA, AND DOES NOT CHANGE THE DETERMINATION OF A NEGATIVE
DECLARATION. AS STATED IN THE "BIG GAME HABITAT MANAGEMENT
PLAN - MORETObdN HERD UNIT" 1965-1966, PREPARED BY THE U.S.
FOREST SERVICE/PLUMAS NATIONAL FOREST WITH ASSISTANCE OF
CALIFORNIA DEPARTMENT OF FISH AND GAME: THE MORETOWN HERD
UNIT ENCOMPASSES AN AREA OF APPROXIMATELY 565 SQUARE MILES.
IT IS ABOUT 15 MILES WIDE AND 38 MILES LONG EXTENDING FROM
MT. CLAREMONT AND NELSON POINT NEAR QUINCY, PLUMAS COUNTY
TO THE CONFLUENCE OF THE MIDDLE AND SOUTH FORKS, FEATHER
RIVER, IN BUTTE COUNTY, ENCOMPASSING MOST OF THE WATERSHED
OF THESE TWO STREAMS WITHIN THIS AREA. REFINEMENT IN
BOUNDARIES OF THF,,u1,V~IT ARE BASED ON FIELD STUDIES AND
Page 491
March 15, 1983
March 15, 1983
OBSERVATION OF DEER MOVEt4ENT5 BY FOREST SERVICE AND DEPART-
MENT OF FISH AND GAME PERSONNEL. BOUNDARIES ARE BASED ON
THE STATEWIDE SURVEY EXCEPT TN THE AREA NEAR OROVILLE
RESERVOIR, AND ALTHOUGH GA1+4E BULLETIN #6 SHOWS THE HERD
AREA TO BE 760 SQUARE MILES, THIS FIGURE APPEARS TO BE
'; ERRONEOUS. THE WESTERN BOUNDARY EXTENDING SOUTH FROM BIG
BALD ROCK TO THE OROVILLE RESERVOIR AND SOUTH AND EAST
', ALONG THE RIDGE FROM STRINGTOWN MOUNTAIN TO SUNSET HILL
AND WOODLEAF IS, FOR THE MOST PART, AN ARBITRARY LINE.
OBSERVATION TO BATE INDICATES THAT MOST OF THE MIGRATORY
DEER USUALLY WINTER AS HIGH ON THE SLOPES AS SNOW WILL
PERMIT. NO HERD COMPOSITION COUNTS SAVE BEEN MADE DUE
', TO THE INACCESSIBLE TERRAIN AND DIFFICULTY OF OBTAINING
', A RELIABLE SAMPLE. I MOVE TO UPHOLD THE APPEAL WITH THE
CONDITIONS OF THE PUBLIC WORKS DEPARTMENT 1 THROUGH L0,
ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS 12 THROUGH 15,
', AND ENVIRONMENTAL REVIEW MEASURE NUMBER 3 OF MEMO DATED
MARCH 10, 1983, FOR SHIRLEY SMITHEY, TENTATIVE PARCEL
MAP AP 28-17-83. I WOULD FIND TT CONSISTENT WITH THE
GENERAL PLAN IN THAT THE DENSITY PROPOSED AND THE INTENSITY
OF LAND USE IS COMPATIBLE WITH THE ADJACENT AREA. THAT THE
TRAFFIC-CARRYING CAPACITIES AND PROPOSED CIRCULATION PLANS
WILL ADEQUATELY HANDLE THE PROPOSED DNESITY. THAT THE
REQUIREMENTS MEET THE STANDARDS OF THE COUNTY FIRE DE-
PARTMENT - WILL PROVIDE FOR ADEQUATE FIRE PROTECTION
SERVICES IN THE AREA. FIND THAT EXISTING COMMUNITY SERVICES
ARE ADEQUATELY AVAILABLE. THE BOARD HAS PREVIOUSLY MADE
VERY SPECIFIC FINDINGS REGARDING THE IMPACT ON DEER HERD.
M S
', VOTE: 1 Y 2 N 3 Y 4 Y 5 N (Motion carried)
1130 83-243 Public Hearing - Robert Schoenstein - appeal of Advisory Agency's
denial of tentative parcel map, AP 72-33-46, creating four parcels,
', 1/2 mil e north of Hurleton Swedes Flat Road and Purple Rocks Lane,
', Swedes Flat area (item on which negative declaration of environmental
', impact has been recommended}._
MOTION: THE BOARD OF SUPERVISORS HAS ALREADY DETERMINED THERE WILL
NOT BE A SIGNIFICANT ENVIRONMENTAL IMPACT FROM THIS PROJECT
', AND THE LETTER FROM THE DEPARTMENT OF FISH AND GAME IS VERY
GENERAL, DOES NOT CHANGE THE DETERMINATION OF A NEGATIVE
DECLARATION. AS STATED IN THE "BIG GAME HABITAT MANAGEMENT
PLAN - MORETOWN HERD UNIT" 1965-1966, PREPARED BY U.S.
FOREST SERVICE/PLUMAS NATIONAL FOREST WITH ASSISTANCE OF
CALIFORNIA DEPARTMENT OF FISH AND GAtflE: THE MORETOWN HERD
UNIT ENCOMPASSES AN.AREA OF APPROXIMATELY 565 SQUARE MILES.
IT IS ABOUT 15 FILES WIDE AND 38 MILES LONG EXTENDING FROM
MT. CLAREMONT AND NELSON POINT NEAR QUINCY, PLUMAS COUNTY
TO THE CONFLUENCE OF THE MIDDLE AND SOUTH FORKS, FEATHER
', RIVER, IN BUTTE COUNTY, ENCOMPASSING MOST OF THE WATERSHED
OF THESE TWO STREAMS 4VITHTN THIS AREA. REFINEMENT IN
', BOUNDARIES OF THE UNIT ARE BASED ON FIELD STUDIES AND
OBSERVATION OF DEER MOVEMENTS BY FOREST SERVICE AND DEPART-
',. MENT OF FISH AND GAME PERSONNEL. BOUNDARIES ARE BASED ON
', THE STATEWIDE SURVEY EXCEPT IN THE AREA NEAR OROVTLLE
RESERVOIR, AND ALTHOUGH GAME BULLETIN ~6 SHOWS THE HERD
', AREA TO BE 760 SQUARE MILES, THIS FIGURE APPEARS TO BE
ERRONEOUS. THE WESTERN BOUNDARY EXTENDING SOUTH FROM BIG
BALD ROAD TO THE OROVILLE RESERVOIR AND SOUTH AND EAST
', ALONG THE RIDGE FROM STRINGTOWN MOUNTAIN TO SUNSET HILL
AND WOODLEAF IS, FOR THE MOST PART, AN ARBITRARY LINE.
', OBSERVATION TO DATE INDICATES THAT MOST OF THE MIGRATORY
', DEER USUALLY WINTER AS HIGH ON THE SLOPES AS SNOW WILL
PERMIT. NO HERD COMPOSITION COUNTS HAVE BEEN MADE DUE TO
THE INACCESSIBLE TERRAIN AND DIFFICULTY OF OBTAINING A
'age 492
March 15, 1983
March 15, 1983
RELIABLE SAMPLE. I FIND THE PROJECT HAS BEEN REVIEWED
SUBJECT TO CEQA AND A NEGATIVE ENVIRONMENTAL IMPACT DECLARA-
TION WAS PREVIOUSLY ADOPTED BY THE BOARD OF SUPERVISORS,
AND FIND THAT THE AREA HAS ALREADY HAD PARCELS OF THIS SIZE
CREATED AND WOULD BE DENYING THIS PROPERTY OWNER THE SAME
RIGHTS ENJOYED BY OTHERS, THE AREA IS PRESENTLY ZONED FOR
DEVELOPMENT, THE AREA TS INCLUDED WITHIN THE GENERAL PLAN
TO ALLOW DEVELOPMENT OF PARCELS THIS SIZE, AND CONFORMS TO
THE GENERAL PLAN. THERE IS ADEQUATE EIRE FACILITIES AT
BANGOR ANA KELLY RIDGE. ROAD FEES OF $750 PER PARCEL ARE
BEING COLLECTED FOR IMPROVEMENT OF A COUNTY ROAD. ACCESS
TO COMMERCIAL AND SCHOOL SERVICES IS A MATTER OF OPINION
AND CHOICE. THE COUNTY SUBDIVISION ORDINANCE REQUIRES A
MAXIMUM OF 20 PARCELS (IN A SUBDIVISION) SERVED BY ANY
CUL-DE-SAC ROAD. THIS PROJECT IS NOT A SUBDIVISION. I
WOULD FIND IT~CONSISTENT WITH THE GENERAL PLAN IN THAT THE
DENSITY PROPOSED AND THE INTENSITY OF LAND USE IS COMPATIBLE
WITH THE ADJACENT AREA. THAT THE TRAFFIC-CARRYING CAPACITIES
AND PROPOSED CIRCULATION PLANS WILL ADEQUATELY HANDLE THE
PROPOSED DENSITY. THAT THE REQUIREMENTS MEET THE STANDARDS
OF THE COUNTY FIRE DEPARTMENT SVILL PROVIDE FOR ADEQUATE
FIRE PROTECTION SERVICES IN THE AREA. FIND THAT EXISTING
COMMUNITY SERVICES ARE ADEQUATELY AVAILABLE. THE BOARD
HAS PREVIOUSLY MADE VERY SPECIFIC FINDINGS REGARDING THE
IMPACT ON BEER HERD. I MOVE TO UPHOLD THE APPEAL WITH THE
CONDITIONS OF THE PUBLIC WORKS DEPARTMENT 1 THROUGH 11,
ENVIRONMENTAL HEALTH DEPARTMENT CONDITIONS 13 THROUGH 15,
AND ENVIRONMENTAL REVIEW MEASURES 2 AND 4 OF MEMO DATED
MARCH 10, 1983, FOR ROBERT SCHOENSTEIN, TENTATIVE PARCEL
MAP AP 72-33-46.
M S
VOTE: l Y 2 N 3 Y 4 Y S N (Motion carried)
MOTION: WE SEE ON A WEEKLY BASIS NUP4EROUS APPEALS AND, NO DEFERENCE
TO THE PLANNING STAFF OR ADVISORY AGENCY; THEY ARE MERELY
INTERPRETING THE POLICIES THAT WE SET. THIS DOCUMENT IS
ALMOST FIVE YEARS OLD. THE LAND USE ELEMENT, THE TEXT, WILL
BE FIVE YEARS OLD THIS FALL. IT INDICATES IN HERE AS FAR AS
TEXT REVISION IS CONCERNED TO MAINTAIN THE DOCUMENT ACCURATELY
REFLECTING CURRENT POLICIES. CERTAINLY WITH ALL THE APPEALS
WE HAVE COMING FORWARD WE ARE NOT REFLECTING CURRENT POLICIES
OR THE NEED OF THE PEOPLE, I FEEL, OF THIS COUNTY. SO
IT IS TIME WE DO AN EVALUATION OF THE POLICIES AND STANDARDS
OF THE TEXT AND I THINK THE MOST NATURAL PROCEDURE ACCORDING
TO THIS IS THAT THE TEXT AMENDMENTS REQUIRE CAREFUL.CONSI-
DERATTON BY THE COMMISSION AND THE BOARD FOR POSSIBLE
IMPLEMENTATION SO I WOULD SUGGESP WE SEND THIS DOCUMENT TO THE
PLANNING COMMISSIONS TO BEGIN WORK AND THAT EACH ONE OF US
PUT TOGETHER A LITTLE SHOPPING LIST OF AREAS THAT WE HAVE
OF CONCERN FOR THEM TO CONSIDER, IF, IN FACT, NOT THE WHOLE
DOCUMENT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
(THE ISSUE OF DETERMINING WHAT CAN AND IS TO BE DONE REGARDING THE
SWEDES FLAT ROAD IMPROVEMENT FUND IS BEING REFERRED TO SUPERVISOR
SARACENI AND PUBLIC WORKS)
RECESS: 2:50 P.M.
RECONVENE: 3:12 P.M.
Peg° 493
March 15, 19$3
1499
1760
1968
2107
2107
2346
March 15, 1983
Regular Agenda
83-244 Redevelopment Agency legislation - discussion. (SUPERVISOR WHEELER,
AS MEMBER OF REDEVELOPMENT TASK FORCE FOR CSAC, TO BRING FORWARD
LIST OF POLICY ISSUES)
83-245 FAU projects - proposed priority list (Chico area).
MOTION: TO APPROVE THESE PROJECTS TO BE INCLUDED TN THE FAU
', NEGOTIATIONS PROCESS.
S M
VOTE: 1 X 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
'83-246 Continued closed hearing - Berneice Pratt - appeal o£ Advisory
', Agency's approval of the Darrel Parsley tentative parcel map,
', AP 4b-4G-02, four parcels, located east of Highway 99 and north of
Keefer Road, Chico.
MOTION: I WOULD MOVE TO DENY THE APPEAL BUT ASSURING THAT ALL
THE MITIGATION MEASURES AND CONDITIONS AS PER PUBLIC
WORKS SUBMITTAL AND COMMENTS AND HEALTH DEPARTMENT
AS PRESENTED THIS DATE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-247 Ordinance approving a development agreement for certain real
property located at the State Highway 99 and Durham-Oroville Highway
Pentz Road interchange.
MOTION: TO WALVE THE SECOND READING OF THE ORDINANCE.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
MOTION: TO ADOPT ORDINANCE 2342
S M
VOTE: l Y 2 N 3 Y 4 Y 5 N (Motion carried)
,-
83-248 Consideration of zoning ordinance to allow quasi public facilities
in a light industrial zone. (Supervisor wheeler)
MOTION: TO REFER TO THE PLANNING COMMISSION FOR CONSIDERATION
OF AMENDING THE L-I ZONE TO ALLOW PUBLIC QUASI PUBLIC
USES BY USE PERt4IT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
83-249 Communications
1. Air Resources Board - provides information on proposed
Environmental Protection Agency sanctions against Butte County
Air Pollution Control Board. (REFER TO JOE BANDY FOR A REPORT
', BACK TO THE BOARD)
', 2. Butte County Cattlemen's Association - writes in opposition
to the Assessor's position on the Williamson Act. (INFORMATION)
', 3. Golden Feather Community Association - writes requesting regular
', hours of operation for the Butte County Library System.
(REFERRED TO LIBRARIAN)
', 4. Butte County Farm Bureau - presents a position in opposition
', to changes in the Williamson pct contracts system, but supports
Page:. 494
', March 15, 1983
March 15, 1983
penalty assessments for those taking property out of the
Williamson Act. (BOARD'S POSITION IS TO BE CONTINUED)
S. Department of Rehabilitation - requests appointment to the
Private Industry Council for the Job Training Partnership Act.
{INFORMATION. NO ACTION TAKEN)
6. National Orange Show - Prospector Displays requests authori-
zation to continue the past agreement for the Butte County
Display.
MOTION: I WOULD SD MOVE TO ENTER INTO AGREEMENT WITH THE
NATIONAL ORANGE SHOW.
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
2620 83-250 Business from the floor:
1. Request that the Board require use permit for small hydro
projects and become a lead agency. - Bruce McDowell
MOTION: I MOVE WE ASK MR. CASTLEBERRX, MRS. KTRCHER, MR. SIEMSEN
', THIS GENTLEMEN AND OTHER PEOPLE THAT MAY BE INTERESTED IN
***** THIS TO CONFER AND BRING US BACK A CONSISTENT REPORT.
00 S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
2. Request the Board's support of two assembly bills. - Glen
', Halsey.
MOTION: TO SUPPORT AB 439
M S
VOTE: l Y 2 Y 3 Y 9 Y 5 X (Unanimously carried)
MOTION: TO SUPPORT AB 6$0
S M
', VOTE: l Y 2 X 3 Y 4 Y S Y (Unanimously carried)
3. Suggestion that wealth be removed from earth prior to the
construction of dams; suggestion that the Board consider
sweepstakes as a source of revenue. - James Hansen
4. Expiration of permit. - Mr. Joe Ingolia -
MOTION: TO EXTEND PERMIT FOR MR_ INGOLIA
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
RECESS: 4:1D P.M.
RECONVENE: 4:21 P.M.
Regular Agenda
525 !83-251 Application for participation in the National Flood Insurance
Program, proposed resolution and ardinance. (CONTINUED TO
', MARCH 22, 1983)
MOTION: AAOPT RESOLUTION 83-36 EXTENDING THE STATE OF LOCAL
EMERGENCY ANOTHER SEVEN RAYS.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
?age 998
March 15, 1983
1108
1277
1950
2166
March 15, 1983
83-252 Board of Supervisors to consider recommending to the Planning
Commission pursuant to Government Code 565356.1 initiating hearings
for consideration of the adoption of the City of Oroville General
Plan.
MOTION: I WOULD MOVE TO REFER THE OROVILLE GENERAL PLAN TO THE
PLANNING COMMISSION SEPARATE OF THE SOUTH OROVILLE GENERAL
PLAN CHANGE AND REZONE AND THE SOUTH AREA REZONE ON
APRIL 7 IS WHEN I WOULD LIKE TO HAVE THAT AS WE DISCUSSED
EARLIER THAT THAT REZONE FOR THE SOUTH OROVILLE AREA BE
BEFORE THE PLANNING COMMISSION AND PART OF THE REASON FOR
THESE BEING SEPARATE IS ON THE GENERAL PLAN THERE COULD BE
VARIOUS THINGS THAT HAVE TO BE ADDRESSED THAT WOULD HOLD
UP THiS REZONE IN THAT SOUTH AREA.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
'83-253 Discussion of time for persons wishing to speak to the Board of
Supervisors. (Supervisor Moseley)
MOTION: I WOULD MOVE THAT WE SET COMMUNICATIONS AT A TIME CERTAIN
OF 2:00 P.M., AND THAT PUBLIC BUSINESS FROM THE FLOOR
WHICH IS NOW 7.02 BE HOOKED ONTO THE 6.00 SERIES.
S M
VOTE: 1 Y 2 Y 3 NV 4 Y 5 Y (Motion carried)
83-254
Additional items from Board members to be addressed at the end
of the day:
1. Report on a problem Mr. Bozoky, of Paradise Pines County Club
Estates, is encountering regarding an air and light easement -
Supervisor Fulton
MOTION: TO AUTHORIZE MR. CASTLEBERRY TO ISSUE PERMIT WHILE. APPLICANT
PROCEEDS AT HIS OWN RISK WHILE HE GOES THROUGH THE
ABANDONMENT PROCEEDTNGS OF THE LTGHT AND AIR EASEMENT.
M 5
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
2. Report on a problem with the Skyway completion project. -
Supervisor Wheeler. (PUBLIC WORKS DIRECTOR AND SUPERVISOR
FULTON TO MEET WITH THE TOWN OF PARADISE STAFF ON FRIDAY)
3. Letter from the County of San Aiego requesting Board to join
their efforts regarding bring about reform of the judicial
doctrine of "joint and several liability." - Chair Dolan
(REFERRED TO COUNTY COUNSEL TO SEE IF IT IS APPROPRIATE TO
SUPPORT)
4. Letter from City of Chico asking Board's assistance in
Transportation Plan update. - Chair Dolan (REFERRED TO
PUBLIC WORKS)
RECESS: 5:10 P,M, The Board went into executive session at this
time on matters of personnel and litigation,
RECONVENE: 5:42 P,M, The Board reconvened at this time following
executive session. (NO DECISIONS ANNOUNCED)
ADJOURNEMNT: There being nothing further before the Board at this
time the meeting was adjournec at 5:43 p. m.
Page 495
March 15, 1983
March 15, 1983
ane Aolan, Chair
Boar of Supervisors
ATTEST: ELEANOR M. BECKER, COUNTY CLERK/RECORAER
and ex-officio Clerk of the
But County Board o~ Supe isors
By:
?age 497
March 15, 1983