HomeMy WebLinkAbout35991
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Ordinance No. 3599
AN URGENCY ORDINANCE PROHIBITING USE OF SPECIFIED COUNTY
HIGHWAYS BY COMMERCIAL VEHICLES E~fCEEDING A GROSS WEIGHT OF
1,4,000 POUNDS AND ESTABLISHING SPEED LIMIT
{Hamilton Nord Cana Highway; Wilson Landing Road; and
Meridian Road)
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Wei ht Limits Established. Commercial vehicles exceeding
a maximum gross weight of 14,000 pounds are hereby prohibited from
using the following County Highways:
Hamilton Nord Cana Highway, from State Highway 99, southerly to
State Highway 32.
Wilson Landing Road, westerly from State Highway 99 to its
westerly end.
Meridian Road, from Wilson Landing Road, southerly to State
Highway 32.
Section 2 Appropriate Weight Limit Signs To Be Erected. Appropriate
signs shall be erected by the Department of Public Works indicating
that the above County highways are affected by this ordinance, it
being determined that such signing will best serve to give notice of
this ordinance. The prohibitions established by this ordinance shall
not be effective until such signs are erected.
Section 3. S eed Limit Established. A speed limit of thirty-five
(35)miles per hour is hereby determined, declared and established on
the following County highway: Wilson Landing Road, westerly from State
Highway 99 to its westerly end. "SPEED LIMIT 35" signs shall be
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erected upon the said highway by the Department of Public Works. The
speed limit established by this ordinance shall not be effective until
such signs are erected.
Section 3. Authority. This ordinance is enacted pursuant to:
California Constitution Article 11, section 7; Butte County Charter,
Article I, Section 1; Government Code Section 25123 (d?; Vehicle Code
Sections 22358 and 3571'7; and other applicable laws.
Section 4. Severabilit If any provision of this Ordinance or the
application thereof to any person or circumstances is for any reason
held to be invalid by a court of competent jurisdiction, such
provision shall be deemed severable and the i~ra.validity thereof shall
not affect the remaining provisions or applications of the Ordinance,
which can be given effect without the invalid provision or application
thereof.
Section 5. Uraencv Findinas. The Board of Supervisors hereby finds
pursuant to Government Cade Section 25123 (d) that it is necessary for
the immediate preservation of the public peace, health, and`safety for
this ordinance to take effect immediately upon its passage. The
facts constituting the urgency are as follows:
1. Construction of a project known as the "Hamilton City Pumping
Plant Fish Screen Improvement Project" (the "project") is currently
scheduled to begin on or about April 15, 2000.
2 . The Lead Agencies for the project are the Glenn--Colusa Irrigation
District, California Department of Fish and Game, U.S. Army Corps of
j Engineers and the U.S. Department of Interior, Bureau of Reclamation.
3. An Environmental Impact Report/Environmental Impact Statement
(EIR/EIS) has been prepared for said project. Said EIR/EIS states at
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page A-1 that
",,.{T)he purposes of the project are to minimize losses of all
fish in the vicinity of the pumping plant diversion, including
the endangered winter--run Chinook salmon, and to maximize GC~D' s
capability to divert the fu11 quantity of water it is entitled
to divert to meet its water supply delivery obligations.
One main feature of the ...project would be an ...extension ofl
the existing ...fish screen on a side channel (oxbow) of the
(Sacramento} river....
Another main feature of the project would be an approximately
1,000-foot long gradient facility on the mainstem Sacramento
River. The gradient facility would be designed and constructed
...to reduce the effect of gradient changes on screen
performance, provide hydraulic gradient to operate a fish bypass
system, and stabilize water levels for pumping plant',
operations."
4. The Hamilton City Pumping plant, the fish screen, and the oxbow
in question are all located entirely outside the County of Butte, and
it is not necessary for Butte County highways to be used to deliver
rock, aggregate or other materials to said project sites.
5. Although a portion of the proposed gradient facility within the
Sacramento River will be within Butte County, rock, aggregate and
other materials to be used in connection with that portion of the
project can be delivered from the west side of the river, which is the
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situs of the bulk of the project improvements and the location where)
the benefits of the project will accrue.
6. The County of Butte is not a Lead Agency or a Responsible Agency,
is not otherwise a direct participant in or beneficiary of the
praj ect, and has no control over the project or any contracts relating
thereto.
7. The EIR/EIS notes at pages 4-161 through 4-164 that there will. be
increased traffic associated with the project. The EIR/EIS estimates
that 80 truck trips per day are expected during the peak of
construction activity, 40 loaded and 40 unloaded, but notes that the
distribution of the trips was not known, with regard to whether they
are in connection with construction on the east-side or west-side of.
the Sacramento River. The EIR/EIS further notes, as Impact 4.11-4,
that "...increased traffic in front of residences located on Wilson
Landing Road west of Hamilton Nord Cana Highway could pose safety
problems fo.r residences." Section 4.11.5 of the EIR/EIS proposes the
following mitigation:
"To promote efficient, safe access to construction staging areas
on the east bank of the Sacramento River, an Access Management
Plan would be prepared and implemented prior to the initiation
of construction activities. The following would be considered
in this plan.
• The ability of proposed access routes to accommodate
high levels of construction vehicle and truck traffic.
Factors would include road width, surface conditions,
and vertical clearance...
• Securing necessary easements for roads and staging
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areas, including consideration of improvement and
maintenance costs, construction traffic signs,
restoration activities, and damage provisions.
• Ensuring the safety of all people potentially affected
by construction traffic. Affected people would be
informed about the expected changes in traffic levels,
and reasonable accommodations to help ensure safety
(e.g., temporary fencing and slower construction speed
limits would be considered).
Implementation of this mitigation measure would reduce the
potential impacts to a less-than significant level."
8. No Access Management Plan has been prepared as required by Section
x.11.5 of the EIR/EIS, and the the Traffic and Transportation Plan
which has been prepared does not fulfill the requirements far an ',
Access Management Plan. There has been no consideration of the use of
Hamilton Nord Cana Highway in connection with the project, the impacts
of such use, or possible mitigation of such impacts, and no adequate
consideration of the use of Wilson Landing Road and Meridian Road in
connection with the project, the impacts of such use, or possible
mitigation of such impacts.
9. The U.S. Army Carps of Engineers has entered into a contract with
J.E. McAmis, Inc., namely, Contract No. DACWO5-00--C-0020 for
constructian of the gradient facility portion of the project.
Pursuant to said contract the contractor has submitted a letter dated
April 10, 2000, to the Department of Public Works informing the County
of Butte that it proposes to use Wilson Landing Road and Hamilton Nord
Cana Highway to transport approximately 700 of the rip rap material
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to be used far the gradient facility, or approximately 21.0 truck trip
per day, 105 loaded trucks, 105 unloaded trucks returning. The
estimated weight of ,such loaded trucks is 80,000 pounds, and unloaded
weight of 30,000 pounds.
10. The Traffic and Transportation Plan prepared by the U.S. Army
Corps of Engineers proposed use of a portion of Meridian Road from
Wilson Landing Road to State Highway 32.
11. Neither Hamilton Nord Cana, Wilsan Landing Road nor Meridian Road
are designed or constructed to support a coinrnercial vehicle exceeding
a maximum gross weight of 14,000 pounds. Therefore, allowing the
volume and weight of truck traffic proposed in connection with the
project would cause serious damage, which would necessitate on-going
repairs during the period of such use and reconstruction after such
use. The County of Butte does not have funds budgeted or other
resources available for such repairs and reconstruction, which could
result in the public being deprived of the use of said roads for an
:indefinite and undetermined period.
12. The EIR/EIS fails to consider the use of Hamilton Nord Cana
Highway as a transportation route in connection with the project, the
fact that said route would pass through the community of Nord and near
the Nord School, and the resulting impacts that would result
therefrom.
13. Wilson Landing Road is a narrow road with a chip-seal surface and
crosses a narrow bridge and the more heavily traveled Hamilton Nord
Cana Highway. The project is anticipated to increase the volume and
nature of the traffic on Wilson Landing Road, which currently has no
posted speed limit.
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14. Therefore, it is necessary to impose weight limits on Hamilton
Nord Cana Highway, Wilson Landing Road, and Meridian Road, and a speed
limit on Wilson Landing Road, as provided in this ordinance.
Section 6. Effective Date and Publication. This Ordinance shall be
effective immediately upon its passage. The Clerk of the Board of
Supervisors is authorized and directed, before the expiration of
fifteen (15} days after its passage, to publish this Ordinance once,
with the names of the members of the Board of Supervisors voting for
and against it, in the Chico Enterprise Record a newspaper
published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County ofl
Butte, State of California, on the I4th day of April ,
200 .. by the following vote
AYES: Supervisors Beeler, Houx, Josiassen, Davis and Chair Dolan
NOES : None
ABSENT : None
NOT VOTING : None ~~.
DOLAN, Criair of the
County Board of Supervisors
ATTEST:
JOHN S. BLACKLOCK, Chief Administrative
Officer and^Cler of the Board
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