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JA1YP AOI.AN, 2ted Di~iriet, CHA19lt
AL 5A4CACE3Q3, lie Dissrisa
fitT.D,A WiiEBT.E R, 3rd District
9EILTIiA CIO BE LEXt 4th Disi1YC!
LENFVLTON, 5th Diasrtet
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M~nu~e Ordei
Call ~o order - The Board of Supervisolis*;room, County Administration
Building, 25 County Center Brive, Orov.ilie, California.
21
Pr2sent: Supervisors Fulton,._Moseley, Saraceni, wheeler and Chair
Dolani Mike Pyeatt.,---interim administrative officer; Del Siemsen,
_ county counsel, by-,Sim Gta".t£ith, deputy county counsel; and Eleanor
' M. Backer.,-county clerk; by Rubye Townsley, deputy clerk.
_ ~-.P,lcdge of Allegiance-to the Flag of the United States of America.
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-'- '~'r Invocation - Clay Castleberry. .
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83-268 ~~AO^Add~ion~l i:tell[s. from,_Borxd meIIlberS-to.be addressed at the end
tif' the day ~ -- - ' ~` '±~.
- (a}'". Closed s~SSion .regpested'~by Counsel. r Supervisor Saraceni
-(b} Position paper tr~~;;Halze,~v~th Board regarding sales tax
negotiat-tons with City''o'f Chico. - Supervisor Wheeler
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83-269 Items pulled from the consent agenda for separate consideration:
(a} Approval of minutes - March 10, 15 and~22, 1983.
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(b} Ordinance amending 14-48 of the Butte County Code relative to
parking of commercial vehicles weighing 10,000 pounds or
more in residential areas.
83-270 Consent Agenda
I. Budget transfers. Action requested: APPROVE BUDGET TRANSFERS
2. Alta R. Linn - renewal of variance to Sections 19-10 and/or
19-I2 of the Butte County Code for placement of a mobile home
on AB 31-25-3-48, 1175 Grand Aveneu, Oroville area. Zoning:
A-2. Action requested: APPROVE VARIANCE RENEWAL.
3. Mary J. Rider - renewal of variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home
on AP 26-14-3-19, 1921 Palermo Road, Palermo area. Zoning:
A-2. ..Action requested: 'APPROVE VARIANCE RENEWAL.
4. Arthur V. Wiggins -renewal of variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a
mobile home on AP 31-26-46, 1165 Thermalito Avenue, Oroville
area. Zoning: A-2. Action requested: APPROVE VARIANCE
RENEWAL
5. Land Development Process Commission. Action requested:
APPOINT RUSS CRONINGERr DISTRICT #2, TO SERVE UNTIL
JANUARY 1987.
..6. Butte County Assessment Appeals Board. Action requested:
ACCEPT TBE RESIGNATION OF RICHARD VERMILLION AND DIRECT A LETTER
OF' APPRECIATION BE SENT.
Page 1
March 29r 1983
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March 29, 1983
7. Paradise Cemetery District. Action requested: ACCEPT THE
RESIGNATION OF VERA WHETSTONE AND DIRECT A LETTER OF APPRE-
CIATION BE SENT.
8. Appointments to the Thompson Flat Cemetery District. Action
requested: APPOINT CLINTON M. FOSTER, DAVID P. EDWARDS, JR.,
AND T. V. LE[VIS TO THE THOA9PSON FLAT CEMETERY DISTRICT TO
SERVE UNTIL APRIL 1, 1987.
9. 14 Mile House, Inc. - rezone from TM-5 (timber mountain -
5 acre parcels) and TM-40 (timber mountain 40 acre parcels)
to PA-C (planned area - cluster) to allow the development of
25 residential units with one lot of 20 acres for agricultural
use plus 156 acres of open space, located on the east side of
Highway 32, approximately 1.5 miles northeast of Chico.
Action requested: SET PUBLIC HEARING APRIL 26, 1983, AT
10:00 A.M.
10. Reconstruction of driveways at North Chico and Kelly Ridge
fire stations. Action requested: APPROVE PLANS AND SPECI-
FICATION; AUTHORIZE CHAIR AND DIRECTOR OF PUBLIC WORKS TO SIGN
PLANS; ADOPT WAGE SCALE; AND SET BID OPENING FOR 11:00 A.M.
ON APRIL 21, 1983, AT THE OFFICE OF BUTTE COUNTY PUBLIC WORKS.
11. Contract - Connerly and Associates - preparation of 1983
Community Development Block Grant application at a cost not
to exceed $3,000. Action requested: APPROVE AGREEMENT.
12. Butte County Transit grant application - grant would provide
funds to purchase two 40-passenger buses. Action requested:
ADOPT RESOLUTION 83-41.
13. Final map - Lassen Commons Condominium - six units on the
southwest corner of Lassen Avenue and White Avenue, Chico
area, AP 44-36-38. Fu11 urban improvements to county standards
were constructed as part of the Lassen Avenue Assessment
District. Action requested: APPROVE AEPOSIT BY DEVELOPER
OF $2,273.51 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 OF THE OWNER'S CERTT- '
FICATE ON BEHALF OF THE PUBLIC; A[JTHORTZE CHAIR TO SIGN SUB-
DIVISION AGREEMENT AND AGREEMENT,'F~R RECORDATION.
14. Paradise Bluffs Assessment District No. 1. Action requested:
FILE PETITION; FILE CONSENT OF TRUST DEED BENEFICIARIES; FILE
CERTIFICATE OF TITLE; FILE CERTIFICATE REGARDING PETITION; FILE
CERTIFICATE OF APPRAISAL; ADOPT RESOLUTION 53-42 ACCEPTING
PETITION; FILE BOUNDARY MAP; ADOPT RESOLUTION 83-43 APPROVING
BOUNDARY MAP; ADOPT RESOLUTION 83-44 APPROVING APPROVING
AGREEMENT FOR ENGINEERING SERVICES; ADOPT RESOLUTION 83-45
APPROVING AGREEMENT FOR LEGAL SERVICES; ADOPT RESOLUTION
83-46 SETTING HEARING ON PUBLIC CONVENIENCE AND NECESSITY;
ADOPT RESOLUTION 83-47 OF INTENTION; FILE ENGINEER'S REPORT;
ADOPT RESOLUTION 83-48 ACCEPTING REPORT AND SETTING PUBLIC
HEARING FOR MAY 3, 1983 AT 11:00 A.M.; FILE NOTICE OF IMPROVE-
MENT; ADOPT RESOLUTION 83-49 CALLING FOR CONSTRUCTION BIDS;
FILE NOTICE INVITING SEALED BIDS.
MOTION: TO APPROVE CONSENT AGENDA WITH ITEMS DELETED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
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March 29, 1983
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March 29, 1983
83-271 Approval of minutes - March 10, 15 and 22, 1983. Action
requested: APPROVE MINUTES WITH THE FOLLOWING CORRECTIONS:
(a) In minutes of March 15, 1983, Minute Order 83-241, page
491, third line from the top, should reflect 565 square
miles.
(b) In minutes of March 22, 1983, minute order 83-268,
page 502, the public hearing was continued to April 5, 1983.
(cy In minutes of March 15, 1983, Minute Order 83-250, #2,
page 495, the motion should reflect that Glen Halsey was
appointed to serve on the Vietnam Veterans Commission.
(d} In minutes of December 14, 1982, to reflect that the
ordinance in Minute Order 82-1632 is Ordinance 2323A.
MOTION: TO APPROVE MINUTES OF MARCH 10, 15 AND 22, 1983
WITH CORRECTIONS NOTED, AND TO CORRECT THE MINUTES
OF DECEMBER 14, 1982.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
150 83-272 Ordinance amending ®14-48 of the Butte County Code relative to
parking of commercial vehicles weighing 10,000 pounds or more
in residential areas. Action requested: FTAIVE THE SECOND
READING AND ADOPT THE ORDINANCE.
MOTION: I WOULD SO MOVE
M
VOTE: 1 2 3 4 5 (Motion withdrawn)
(CONTINUED UNTIL COUNTY COUNSEL SIEMSEN RETURNS)
Regular Agenda
197 83-273 Chico parking ticket surcharge - discussion of implemention
date.
MOTION: I WOULD MOVE THAT WE MAKE THE DATE OF IMPLEMENTATION
JULY 1, 1983, FOR ALL BUT THE CAMPUS SECURITY IN 6dHICH
CASE THE DATE WOULD BE SEPTEMBER lP ADOPT RESOLUTION 83-50.
S M
VOTE: 1 2 3 4 5
MOTION AMENDED: SET THE IMPLEMENTATION DATE AS JULY i ON
ALL CASES.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
280 83-274 Request for Deputy District Attorney and District Attorney
Investigator positions. (CONSIDERATION OF THESE POSITIONS
TO BE HELD UNTIL PROPOSED BUDGET FOR 83-84 IS CONSIDERED)
1194 83-275 Report on Butte Creek hydro project. (Supervisors Fulton
and Saraceni) (SUPERVISORS FULTON AND SARACENI TO CONTINUE TO
WORK WITH COUNTY COUNSEL AND TO LOOX INTO THE POSSIBILITY OF
ESTABLISHING A DISTRICT OF WATER USERS AND COME BACK TO THE
BOARD WITY SOME FORMAT FOR A PUBLIC HEARING}
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March 29, 1983
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March 29, 1983
1485 83-276 Report from Planning Director on small hydro plant. (INFORMATION.
NO ACTION TAKEN}
83-277 Closed heariny re intention to rename a private road in Butte
County - renaming of the following road: Elliott's Nest Road
(DUnston Drive to Wondering Way) to Las Flores Road - residents
in area have requested name change. (THIS HEARING HAD BEEN
CONTINUED TO APRIL 5, 1983}
1570 83-278 Appointment of utilizing member to the Public Defender Advisory
Committee.
MOTION: TO APPOINT RAY GARNER.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
RECESS: 9:55 A.M.
RECONVENE: 10:10 A.M.
Public Hearings and Timed Items
1623 83-279 Public Hearing - Craig Donalson appeals the Advisory Agency's
decision to deny the tentative parcel map for AP 39-36-105,
two parcels on the south side of Orchard Way, 800 feet west of
intersection of Orchard Way and Diamond Avenue, midway between
Dayton Road and S.P. R. R.
MOTION: TO UPHOLD CRAIG DONALSON'-S APPEAh OF'~THE ADVISORY=:`-:.
** AGENCY'S DECISION TO DENY THE TENTATIVE PARCEL MAP FOR
00 AP 39-36-105, T[d0 PARCELS ON THE SOUTH SIDE OF ORCHARD
WAY, a00 FEET WEST OF INTERSECTION OF ORCHARD WAY AND
DIA40ND AVENUE, MID~~lAY BETGVEEN DAYTON ROAD AND SOUTHERN
PACIFIC RAILROAD, FINDING THAT THE PROJECT COULD NOT
HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT AND A
NEGATIVE DECLARATION BE ADOPTED. FIND THE PROJECT
IN CONFORMANCE WITH THE BUTTE COUNTY GENERAL PLAN
AND SUBJECT TO THE CONDITIONS AS SET FORTH BY PUBLIC
woRxs.
s ra
VOTE: 1 2 3 4 5 (MOTION WITHDRAWN -
CONTINUED TO APRIL 12, 1983, AT 10:15 A.M.)
154 83-280 Public Hearing - Paul Jensen, Department of Fish and Game -
abandonment of county roads lying within boundaries of Gray Lodge
Wildlife Area (Farris Road and Rutherford Road).
MOTION: TO ADOPT RESOLUTION 83-51 APPROVING ABANDONMENT
S M
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
402 83-281 Northwest Pacific Resources - abandonment of right-of-way,
Commercial Way, south of Ophir Road, Oroville.
MOTION: TO ADOPT RESOLUTION 83-52 APPROVING ABANDONMENT
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
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March 29, 1983
March 29, 1983
426 83-282 Public Hearing re intention to rename a private road in Butte
County - Pleasure Court (end to Centennial Avenue) to Crow Canyon
Court.
MOTION: I WOULD MOVE FOR THE ACTION REQUESTED ADOPTING
RESOLUTION 83-53
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously carried)
500 83-283 Continued hearing - W. Scott and Bridget Rutherford - appeal o£
Advisory Agency's Conditions 2 and 18 on the tentative parcel
map for AP 63-02-70, three parcels, almost one mile south of
Crown Point Road and Doe N,ill Road intersection. Doe Mill
Road intersects parcel at northeast corner, North Chico area.
MOTION: I WOULD MOVE TO UPHOLD SCOTT AND BRIDGET RUZTiERFORD'S
APPEAL OF ADVISORY AGENCY'S CONDITIONS, ITEMS 2 AND 18,
ON TENTATIVE PARCEL MAP SUBJECT TO THE FINDINGS AS
QUOTED BY COUNSEL AND SUBJECT TO ALL THE OTHER PUBLIC
WORKS CONDITIONS, AND ALSO NOTE ON THE MAP THAT DOE MILL
ROAD AND CROWN POINT ROAD ARE NOT PUBLIC MAINTAINED
ROADS.
S M
VOTE: l Y 2 N 3 Y 4 Y S N (Motion carried)
1050 83-284 Public Hearing - Matthew York appeals the Advisory Agency's
approval of the Larry Coonrod tentative parcel map for AP 56-08-113,
four parcels on the west side of Hollow Oak Drive, approximately
2000 feet west of Cohasset Highway.
MOTION: I WOULD MOVE TO DENY MR. YORK'S APPEAL ON THE
ADVISORY AGENCY'S APPROVAL OF LARRY COONROD'S TENTATIVE
PARCEL MAP AND NOTE FURTHER THAT PUBLIC WORKS CONDITIONS
ARE CENTAINLY GOING TO ANSWER HTS CONCERNS.
S P4
VOTE: 1 2 3 4 5
MOTION AMENDED: AND FURTHER NOTE AND FIND THAT ALTHOUGH THE
PROPOSED PROJECT COULD HAVE A SIGNIFICANT EFFECT ON THE
ENVIRONMENT THE MITIGATIONS MEASURES DESCRIBED ON AN
ATTACHED SHEET HFiVE BEEN ADDED TO THE PROJECT AND THE
NEGATIVE DECLARATION IS RECOMMENDED SUBJECT TO PUBLIC
WORKS CONDITIONS 1 THROUGH 11, PLUS FURTHER NOTING
THAT IT DOES NOT CONFLICT WITH COUNTY ZONING NOR ANY.
ADOPTED PROPOSED ELEMENT OF THE BUTTE COUNTY GENERAL
PLAN NOR ANY COUNTY SPECIFIC OR COMMUNITY PLAN AND
FURTHER NOTE CONDITIONS ATTACHED ON PLANNING DIRECTOR'S
MEMO DATED DECEMBER 29, 1982.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
1916 83-285 Continued hearing - B. C. Richter Contracting - requests
determination of whether a mining and reclamation operation in an
Agricultural Preserve is a compatible use pursuant to
Resolution 68-7.
MOTION: TO VACATE HEARING BECAUSE IT IS A MOOT ISSUE.
M 5
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
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March 29, 1983
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March 29, 1983
MOTION: TO INITIATE AMENDMENT TO A-5 ZONING ORDINANCE SO THAT
IT IS COMPATIBLE WITH THE AG PRESERVE RESOLUTION 68-7.
M S
VOTE: l Y 2 Y 3 Y 4 Y S Y (Unanimously carried)
2140 83-286 Public Hearing - Thomas M. Groarke appeals the Advisory Agency's
Condition 3 on the tentative parcel map for AP 58-16-72, two
parcels, approximately 2400 feet north of Jordan Hill Road and
Granite Ridge Road intersection. Jordan Hill Road splits property.
MOTION: I WOULD MOVE TO UPHOLD MR. GROARKE'S APPEAL OF CONDiTION~
#3 NOTING FINDINGS AS INTERPRETED BY COUNSEL.
S M
VOTE: l Y 2 N 3 Y 4 Y 5 N {Motion carried)
(BOARB REQUESTS RECOMMENDATION ON 20' ROAD STANDARD FROM LAND
DEVELOPMENT COMMISSION IN A B70NTH'S TIME)
RECESS: 12:01 p.m.
RECONVENE: 12:02 p.m.
CLOSED SESSTON: The Board recessed at 12:12 p.m, to hold a closed
session on matters of litigation.
RECONVENE: The Board reconvened at 12:35 p.m. following closed
session on litigation. (NO DECISTONS ANNOUNCED)
RECESS: 12:36 p.m.
RECONVENE: 2:02 p.m.
2557 83-287 Recognitions of persons wishing to speak:
(a) Louis Camenzind, Jr. - relative to putting the time back to
11:00 a.m. for citizens who wish to be heard.
(b) Frances Meggison - relative to changing the time for persons
to speak back to the 11:00 a.m. hour.
*** (c) William Meggison - relative to the squandering of taxpayers'
00 money in the Sheriff's Department.
(d) James Hansen - relative to restoring the time to 11:00 a.m.
for persons wishing to speak.
277 83-288 Joint meeting - Board of Supervisors and the Planning Commission.
Subject:
1. Study area - Alamo and Henshaw.
2. Homesite segregation.
3. Lot splitting.
4. Doe Mill Ridge
5. Opportunity for public comment.
6. Other.
MOTION: TO REFER THE ALAMO AND HENSHAW AREA TO THE PLANNING
COMMISSION FOR STUDY.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
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March 29, 1983
March 29, 1983
MOTION: TO REFER THE HEIDINGER, SWEET NECTAR ENTERPRISES
AND UNDERLYING SUBDIVISIONS ON THE CONKIE PROPERTIES
BE REFERRED BACK TO THE PLANNING COMMISSION AS DEFINED
IN THE BOARD MINUTES OF JULY 21, 1982.
M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
RECESS: 3:25 p.m.
RECONVENE: 3:37 p.m.
MOTION: TO REFER THE MATTER OF HOW HOMESITE SEGREGATION HAS
BEEN IMPLEMENTED TO THE AGRICULTURE ADVISORY COMMISSION
FOR COMMENT AND RECOMMENDATION BACK TO THE BOARD.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously caxxied)
*~**
00
MOTION: TO REFER THIS AREA WIDE STUDY OF EASTERN FOOTHILLS
AS SUGGESTED BY THE PLANNING COMMISSION TO A COMMITTEE
OF SUPERVISORS FULTON AND WHEELER TO RETURN ON
APRIL 12, 1983, [dITH COMMITTEE NAMES, GEOGRAPHICAL
AREAS AND OTHER FIDUCIARY LIMITS THAT MAY APPLY.
S M
VOTE; l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
RECESS: 5:12 p.m.
RECONVENE: 5:34 p.m.
~*~~:~
00 83-289 Appointment to Amtrak Committee .
MOTION: I WOULD LI$E TO NOMINATE EDITH CAMENZIND AS MEPIBER
OF THE AMTRAK COMMITTEE, DISTRICT 4.
S M
VOTE: 1 X 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
25 83-290 Additional items from Board members to be addressed at the
end of the day.. _
1. Request that Board members provide small gifts as door prizes
for CSAC meeting. - Supervisor Wheeler
2. Presentation of a position paper relative to negotiation
of sales tax with City of Chico. - Supervisor Wheeler
MOTION: THAT CHAIR OF THIS BOARD PREPARE AND FORWARD A LETTER TO
THE MAYOR OF CHICO RESTATING MY COMMENTS AS THE OFFICIAL
POSITION OF THE BOARD.
S M
VOTE: l Y 2 X 3 Y 4 Y 5 Y (Unanimously carried)
139 83-291 Communications
1. Mono County Board of Supervisors and Inyo County Board of
Supervisors request support in opposing Senate Bill 270 (Dills)
MOTION: I WOULD MOVE THAT WE SUPPORT THIS BY LETTER.
s M
VOTE: l y 2 y 3 y 4 y 5 y (Unanimously carried)
Page 7
March 29, 1983
March 29, 1983
2. State Senator Jim Nielsen requests support for Senate Bill 973.
A40TION: TO SUPPORT SENATE BILL 973
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
CLOSED SESSION: The Board recessed at 5:42 p.m. to hold a closed
session on matters of litigation.
RECONVENE: The Board reconvened at 5.c55 p.m. following
closed session on litigation. (THE BOARD HAS
DIRECTED AGREEMENT WITH A SETTLEMENT RELATIVE
TO THE LOCAL SCHOOL AGENCY STATE SCHOOL FUND
APPORTIONMENT.)
ADJOURNMENT: There being nothing further before the Board the
meeting was adjourned at 5:56 p.m.
Chair Board of Supervisors
ATTEST: ELEANOR M, BECKER, COUNTY CLERK/RECORDER
and officio Clerk of the
Bu County Board of Supe 'sors
By: ~
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March 29, 1983