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January 22, 1980
ST'ATE' :.~ n~ORNIA j
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COUNTY DF BUTTE
The Board of,$upervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Dolan, Wheeler, Winston and Vice Chairman Moseley.
Clif Nickelson, administrative officer; Dan Blaekstock, county counsel; and
Clark A. Nelson, county clerk, by Nancy..Wilco-n,.deputiy-clerk. Absent:
Chairman Lemke.
Pledge of Allegiance to the Flag of the United States of America:
Invocation by Supervisor Wheeler
100 FIRST LADY CHAIRMAN
Supervisor Winston noted this was the first day in ahe history of
-'~ Butte County we have .had a lady chairman. Vice Chairman".Moseley conducted
~. the meeting in the absence of Chairman Lemke."
10i'24RPROVAL OF MINUTES .
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and carried, the minutes of January 8, 1980 were.approved-as mailed. "
Approval of January 15 minutes wasp-~eontinued to January 29, 1980. _
102 AUTHORIZED PERSONNEL DIRECTOR TO WRITE bEPARTMENT OF LABOR RE: CETA TITLE VTT
.Jim Rackerby, personnel director, stated he had. sent: to the Board a
memo and a draft letter that.the Board`consider ~Qg~rs~rig;~tiheir position on
the CETA Title VIh program9(PIC). Mr. Rackerby had talked with Mr. Wincoff,
Assistant Secretary of 'Labor, and 3t was-his feeling that the administration.
in:Washington was not.as"firm as the regional administrator. He suggested
the :Boa rd ,send a letter Co the national. level before taking any other
necessary steps. Mr. Rackerby is to meet on January 31 and February 1
to start tentative discussions on an appeal. It was felt the Washington
administration because of an election year would not be as firm in their
stand .
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, authorized the Personnel Director to. send a letter to Washington
on the Board's stand on PIC and CETA Title VII program was approved and the
Chairman authorized to sign.
103 AUTHORIZED SECURITY FENCE FOR CETA VEHICLES AND EQUIPMENT IN THE PUBLIC WORKS
YARD.-FROM CETA-FUNDS
Jim Rackerby, personnel director, was requesting authority to build
a security,fence in the Public Works yard due to recent losses. in the area.
~IC would be ax,. double security fence. A key would be needed for entrance.
They are trying to locate where the problem lies regarding thefts.
Clay Castleberry, pub lie works director, stated CETA crews leave
at `earlier hours than his crews. It.would make a definite-division of the
equipment and vehicles. They .have-lost more in value in the last two or
three",years than the fence will cost.
On motion of Supervisor Wheeler-, seconded by Supervisor Dolan,
authorize the use of CETA fvnd.of approximately $2,000 to cover expense of
security•.fenee i.n,Public Works yard to house CETA vehicles and equipment.
- Vote on motion•
AYES: Supervisors Dolan, Wheeler and Vice Chairman Moseley
NOES: Supervisor Winston
ABSENT: Chairmanhem~;
Page 1.
January 22, 1980
January 22, 1980
80- Motion carried.
3
Supervisor Winston stated he knew the money was free from the
government but felt they should not spend it,
AUTHORIZED SALE OF SURPLUS WATER TANK TO DE SABLA VOLUNTEER FIRE COMPANY FOR
TOKEN SUM OF 1
On motion of Supervisor Wheeler, seconded by Supervisor Winston and
carried, the 1,500-gallon water tank was declared asset surplus and the sale
of the water tank to the De Sabla Volunteer Fire Company in the amount of $1
was approved.
ACCEPTED DONATION OF TYPEWRITER SY REGION C CRIMINAL JUSTICE PLANNING BOARD
TO RAPE CRISIS INTERVENTION PROGRAM
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, the acceptance of donation, IBM Selectric typewriter, from the
Region C Criminal Justice Planning Board to the Sheriff's Department for the
Rape Crisis Intervention Program (under OCJP grant) was approved.
10 DENIED REQUEST OF TREASURER/TAR COLLECTOR FOR CALCULATOR AND AUTOMATIC TIME
STAMP
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the request of the Treasurer/Tax Collector for acquisition of
a calculator and automatic time stamp was denied.
Budget Transfer-63 is to be striken from the list presented today.
AUTHORIZED JUVENILE HALL TO PURCHASE CLOTHES DRYER
Supervisor Winston questioned the request of a commercial dryer.
If they purchased a clothes line and hung up the clothes it would be less
expensive. He questioned repairing the old machine.
Clif Nickelson, administrative officer, stated there is 25 to 35
juveniles at the hall.
On motion of Supervisor Winston, seconded by Supervisor Dolan and
carried, a Speed Queen commercial clothes dryer for the Juvenile Hall was
approved with the condition they use a clothes line as much. as possible.
ADOPTED RESOLUTION 80-13 AUTHORIZING CLERK-RECORDER TO MAKE APPLICATION TO
COURTS RECORD MANAGEMENT SYSTEM FOR EQUIPMENT
Clif Nickelson, administrative officer, stated in was in the
Clerk's present budget. Tt is a good thing and will improve the efficiency
of the micro process.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, Resolution 80-13 authorizing the County Clerk-Recorder as project
director to sign grant application with the Sate Office of Criminal Justice
Planning for acquisition of: Bell and Howell. System II step and repeat
microfiche camera, $12,190; Bell and Howell ABR 610 reader-printer, $1,x+60;
three microfiche viewers., $575; microfiche masters for startup and testing,.
$125; and taxes, $861 with $13,690 from federal funds; $760 state and local
$761, was adopted and the Chairman authorized to sign.
CONTINUED TO JANUARY 29, 1980 CONSIDERATION OF DELINQUENCY PREVENTION OFFICER
GRANT
Clif Nickelson, administrative officer, stated the cost would be
covered by the grant for the first and second year.
There was a motion by Supervisor Winston, seconded by Supervisor
Wheeler that they not adapt a resolution authorized for a grant application
for a Delinquency Prevention O t~~ge r2 .
January 22, 1980
_,
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80-
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January 22,_1980
Supervisor Dolan stated she had discussed this with the Probation
Officer. He was out of town today. There was time to delay this matter.
At budget time Mr. Herring had indicated state standards list he should have
42 officers but he only has 25. Supervisor Dolan was concerned about the
delinquent individuals if not given counseling and help during this period.
Supervisor Winston stated these grant applications come back to
be~ctende3 times after time. They cannot afford to take any chances to spend
any more money. Once they get the pxogram they want to maintain it.
Supervisor Dolan stated it was no life agreement or service after
the grant period. She felt Mr. Herring should be present to argue his point.
Her interest is in the youth and concerned about the Criminal Justice System.
She would like to have this considered next week.
Supervisor Winston stated he had no object to confronting Mr. Herring
individually or in front of the Boarde Supervisor Winston withdrew his motion.
Matter continued to January 29, 1980, Mr. Herring to be present.
1101
ADOPTED RESOLUTION 80-14 RE: AB 581 PROCEDURES IN DETERMINING BASE YEAR
VALUE OF OPEN SPACE LAND UNDER THE WILLIAMSON ACT CONTRACTS
Dan Blackstock, county counsel,-.stated the amendment they were
putting in was brought about by 1978 legislation. Legislation in 1979
obligated the need for this amendment. It was an adjunction to the legislation
to charge a fee for the appraisal.
Supervisor Dolan felt it was one of the purposes of the contract
to go to the lesser tax roll.
Ed Brown, assessor, stated this came about because of new laws
requiring the Assessor to value these under Williamson contracts and the
land owners get the Choice, unless one of the parties prohibits the dual
approach. Then it would be done at the county expense from the income
and which three approaches would bepossible_. He felt-..the $20 charge was
minimal. It gives the people a chance to recoup the costs.
Mro Blackstock stated some property owners had enjoyed a lesser
tax because of Proposition 13. He reads the Iaw that it gives them the
base unless one party of the contract has done it. It will not be out of
line. If they do not pay it, the county will.
Supervisor Winston stated to get out of the Williamson Act the
Board must make concrete .findings to allow it. They are still getting the
benefit by keeping it in agriculture land. To get out they must petition
the agriculture committee and this Board. They have findings they must
determine by law.
Mr. Blackstock stated they can give notice to a 10 year withdrawal.
On motion of Supervisor Wheeler, seconded by Su~3ervisor Winston,
Resolution 80-14 implementing AB 581 providing that a $20 fee for the deter-
mination of base year value of open space land under Williamson Act contracts _
pursuant to Revenue and Taxation Code Section 110.1 was adopted and the
Chairman authorized to sign.
Vote on motion:
AYES: Supervisors Wheeler, Winston and Vice Chairman Moseley
NOES: Supervisor Dolan
ABSENT: Supervisor Lemke
Motian carriedo Pa~e 3.
January 22, 1980
_January 22,_1_980 _ _ J _ _ _ _ _ _ _ _ _ _ ~ ~ __ _
80- 11 ADOPTED RESOLUTION 80-15 ANNEXATION TO CITIES THE EXCHANGE OF PROPERTY TAXES
~ On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, Resolution 80-15 determining exchange of property taxes between
cities and county for property annexed to cities was adopted and the Chairman
authorized to sign resolution and agreement.
11 APPROVED BUDGET TRANSFERS
On motion of Supervisor Winston, seconded by Supervisor Wheeler and
carried the following budget transfers were approved:
B-62 - B7.ggS Justice Court. Transfers $250 from office expense to
jury and witness expense as a result of the unanticipated need for .additional
jury trials.
B-64 - Paradise Justice Gourto Transfers $166 from overtime to
extra help in order to provide an additional appropriation for unanticipated
use of extra help because of workload situations.
B-65 - Juvenile hall. Transfers $351 from maintenance of equipment
to fixed assets - equipment in order to provide an appropriation for the
purchase of a clothes dryer.
B-66 - Public Works - Transportation Svstems. Transfers $208,800
from the Clark Road - Bills at Apple project, $10,594 from Table Mountain
Bridge and $2,600 from bicycle and pedestrian ways; with $112,574 going to
the Chico Bus System, $96,420 to the Inter-City Bus System and $13,000 to
the Oroville Bus System. The purpose of this transfer is to bring the
adopted county budget into conformance with the SB 325 transportation claimo
11 CONTINUED TO JANUARY 29, 1980 COMMUNITY ACTION BOARD PUBLIC SEGTOR APPOINT-
MENTS
Jim McNaughton, executive secretary of Community Action Agency,
stated he would lik8 the appointments made prior to the third Tuesday of
February. He would like to have equal representation by districts but it
is not a requirement. They can appoint public officials or department heads.
Clif Mickelson, administrative officer, stated the supervisors
could appoint themselves to be on the committee or appoint another individual
and the supervisor be the alternateo
Supervisor Moseley will be the only member of the Board to take
an active part. The rest will serve as alts mates.
This matter continued to January 29, 1980.
114'APPROVED VINCENT H. DILLEY RENEWAL OF VARIANCE TO SECTIONS 19-10 AND/OR
19-12 OF BUTTE COUNTY CODE
On motion of Supervisor Winston, seconded by Supervisor Wheeler and
carried, the renewal of variance for Vincent H. Dilley to sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 27-27-9,
291 District Center Drive, Oroville, zoning "A-5"' was approved for a period
of one year.
115 TREASURER/TAX COLLECTOR ITEMS APPROVED AND DENIED
On motion of Supervisor Winston, seconded by Supervisor Wheeler and
carried the following items were approved:
1. Claim for refund of taxes paid - California State University,
Chico. Account ~~12-000850-A0.
2. Claim for refund - Sherilyn E. Bogen, AP 42-28-32.
Page 4.
January 22, 1980
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2. Request for penalty relief - Roland B. Chambers, AP 25-13-29 and
AP 25-13-31.
5. Claim for refund - Robert Novak. Account. ~k13-000920-00.
The following claims we re .denied:
1. Dorothy E. Anderson. Account ~~13-000003-00.
3. Claim for refund - 3oanna D. Cowden, AP 48-30-009.
4. Claim for refund - Mike Esponde, AP 42-38-29.
5. Request for penalty relief - Jeff Goodwin, AP 34-19-78.
6. Request for penalty relief - Dominic D. Imperial, AP 64-48-11,
51-16-6-20, 64-48-10 and 64-66-32.
7'. Claim for refund - Sheryl Kuhn, AP 62-04-23.
1161
__--____=-._January-22, 1980 --__________-_____
3. Claim for refund - Kenneth R. Evans, AP 05-27-4-003.
4. Claim for refund - Robert Novak. Account. #13-00920-00.
APPROVED WELFARE GENERAL ASSISTANCE MANUAL
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and carried, the revised General Assistance Program Manual in compliance with
Welfare and Institutions Code Section 17000 to be implemented March 1, 1980
was approved.
1171
APPROVED WELFARE LICENSING CONTRACT WITH_STATE DEPARTMENT OF SOCIAL SERVICES
On motion of Supervisor Wheeler, seconded by Supervisor Winston and
carried, the licensing contract with the State Department of Social Services
for small family homes for children, covering 1979-80 fiscal year with a
revenue contract for $55,232 was approved and the Chairman authorized to sign.
1171
CLOSED BEARING: CHERYL AND WALTER JUHL, ET AL APPEAL ADVISORY AGENCY
APPROVAL OF ENVIRONMENTAL IMPACT REPORT ANA BIG CHICO CREEK ESTATES TENTATIVE
SUBDIVISION MAP
The closed hearing on Cheryl and Walter Juhl, et al appeal of
Advisory Agency approval of environmental impact report and Big Chico Creek
Estates tentative subdivision map (Dennis W, and Suzy G. Durkin), 172 lots,
AP 42-15-34 and 37, AP 43-27-01, 11 and 12 and AP 43-29-19 and 22, south side
of West Sacramento Avenue, approximately 3,000 feet west of Highway 32,
Chico was held at this time to consider a formal motion.
Supervisor Dolan stated the memo from Environmental Director, Earl
Nelson, stated a motion was to be made. She had a procedural question. Look-
ing at this as a Board member and aware there is potential legal action, she
f'e1t they should consider the letter 'that was presented to the Board at the
January I5 meeting. Procedure study comments can be added and they were to
the South Gate issue. This has not been done to Mr. Luvaas' letter.
Dan Blackstock, county counsel, stated after the hearing is closed
it cuts off public input. There is strong reason for it. From the Board's
procedures, if they did not the requirement to comments upon comments they
could receive letters every week and never be in a position to take action.
If the Board insists that comments be made to this particular letter, Mr,
Nelson could have that later on today. The reason for the delay
was to give Mr. Nelson a chance to make some proposed comments for the
Board so they would be in a position to certify the enviromental impact report.
Page 5,
January 22, 1980
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- - - _ _ _ _ - _ - _ January 22 ,_ 1980 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Supervisor Dolan was concerned that their procedures do not so state.
There were comments made after the South Gate hearing.
Earl Nelson, environmental review director, stated the Board authorize
certain items to be answered and some others came in. Other comments found
their way into-the report. It is the option of the Board.
Mr. Blackstock stated in response to Supervisor Winston's question
in a legal demand are they in a defense position to accept the EIR and approve
the project, yes the reason is to set up a law suit. It is objection on its
face. Legally to reply to any letters after the closing they are going to
insist the impact report be opened after a hearing is closed. Creating a
ludicrous situation where they can never be closed. After that happens it
happens over and over and the present status'of_the law the Board is justified
in not including the letter in the impact report. Tt is up to the Board
whether to include it or go ahead without it.
Supervisor Dolan stated another question about procedure, as a'
member of the Board she drove out and looked at this subdivision and the
concerns read in this letter are valid. At a meeting he said he did not
know what the zoning was. That might be one of the findings. There were
very similiar statements out of the City of Chico and previously approved
they want the County to take care of it. Supervisor Dolan stated she would
like to give the members a memo. She has researched the matter and looked
into records and various actions that have been taken. Supervisor Dolan
questioned why the county and city do not agree on the "green" line. Her
memo is very important.
Supervisor Wheeler stated it would be a valuable tool for the -
committee. She would like to speak to the findings.
Supervisor Aolan stated if it was a written, she would like to see
it before a motion is made.
RECESS: 9:50 a.m.
RECONVENE: 10:02 a.m.
There was a motion by Supervisor Wheeler, seconded by Supervisor
Winston, finding that comments and recommendations from the public have been
attached to the draft environmental impact report, that written responses to
significant environmental points, raised by the comments, have been prepared
and attached to the draft environmental impact report and that a list of the
persons, organizations and public agencies wha commented has been attached to
the draft environmental impact report, I move to certify the final environ-
mental impact report as having been completed in compliance with the Calif-
ornia Environmental Quality Act, the State Environmental Review Guidelines and
the Butte County Environmental Review Guidelines.
Del Siemsen, deputy county counsel, stated the findings will be in
regards to the approval of the project text. It is anly for certificaCion
of the environmental process.
Supervisor Dolan questioned were they saying they did not need to
respond_ to Mr. Luvaas' letter.
Mr. Siemsen stated in essence there would be no further responses.
Supervisor Dolan stated a motion of intent means they are thinking
about it. She did not think-they were doing this as a Board.
Supervisor Wheeler stated the motion read it was to find with Mr.
Nelson's and discuss the legal $oints involved.
age b.
January 22, 1980
80-
January 22_,'1980
Supervisor Winston stated they have an attorney in general attendance
in these hearings. They know from the past actions on such matters where
there is controversy there is the possibility of a law suit.
Supervisor Dolan stated to make findings and the comments are not
final and complete she sees it as not being final. They do take their
attorney's advice. It has been brought to-their attention it is not a
complete EIR. If they really mean there will be no comments after a
hearing their procedures should say that.
Vote on motion:
AYES: Supervisors Wheeler, Winston and Vir_e Chairwoman Moseley
NOES: Supervisor Dolan
ABSENT: Chairman Lemke
Motion carried.
There was a motion by Supervisor Wheeler, seconded by Supervisor
Winston, the Findings for Approval of Project; Having reviewed and considered
the final environmental impact report, I move we make the following findings:
(A) That the approval of this project at this location will not have a
significant effect on the environment whether the impacts are viewed
individually or cumulatively. This finding is based on consideration
of all the impacts as listed in the EIR, which are included herein
together with a discussion of the relative significance of each:
1. Loss of Aericultural Land - This impact is not considered
significant at this location because of the following consid-
erations: (a) In October of 1979, a revision to the Land
1Tse Element of the Butte County General Plan was adopted which
effectively set aside many thousands of acres for agricultural
use. This site, which lies mostly outside of the areas so
designated, is insignificant in comparison to the total acreage
designated for agricultural use. (b) At the time this area was
zoned A-S R, a thorough review of the appropriate land uses for
this location was undertaken, and a zoning was applied which
had the effect of indicating the land is appropriate for resident-
ial use. A trend of residential subdivisions in the area has
been established pursuant to this zoning action which occurred
in 1972, (c) Three subdivisions have received prior approval
in this area, compounding the difficulties of farming the remain-
ing agricultural land in the area because of potential problems
from trespassers and restrictions on noise, dust, and spraying
which normally accompany farm operations. (d) The necessity of
maintaining this site in agricultural production has been demon-
strated to the satisfaction of this Board. Gloom and doom forecasts
of future shortages of agricultural land on which to produce food
are not supported by published statistics which indicate the total
acreage in farm production, on a statewide basis, is at the highest
point in history and is increasing. Statistics show agricultural
surpluses are as much a concern as potential shortages.
2. Loss of Orchards - The majority of the trees on this site are 50
to 60 years old and are due for replacement. Replacement is not
warranted because of the residential encroachment previously
described.
3. Soil Compaction and Covering - This is a typical effect of a
residential subdivision and is not significant at this location.
The relationship of gage i~gact to surface drainage is covered.
elsewhere.
January 22, I980
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_ - _ _ _ _ - _ _ January 22 , 1980 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
- 4. Air Quality - This project borders vast open areas which can absorb
and dissipate pollutants from traffic to and from this development.
Nothing in the ETR indicates air quality impacts from this develop-
went. Nothing in the EIR indicates air quality impacts from this
development are of great concern at this location,
5. Water Quality and 4uantity Impacts - Water quality impacts are
shown in the EIR to be typical of urban runoff which already reaches
the creek from other developed areas. Effects of runoff on the
creek are minimized by the high degree of dilution which occurs
during times of heavy rainfa7.1. A mitigation measure of using
dry wells for surface drainage in the summer months when creek
flows are low has been added to the project to eliminate a
potential significant effect. Increases in runoff are shown in
the hydrologic study prepared by Jon Anderson to reach, peak flows
well before the peak for the drainage basin as a whole, so the
peak flows from the project site are expected to occur at a time when
the creek channel adjacent to the project site has the necessary.
capacity to absorb the runoff without flooding. These impacts,
based on information in the environmental impact report, are not
considered significant.
6. Sewage Disposal - Sewage disposal has been reviewed by the appropriate
county and state agencies, and no unusual problems are anticipated
since the project site meets county ordinance requirements.
7. Aesthetic Im act"- Subdivisions are generally not aesthetically
displeasing, so this impact is not expected to be significant.
8. Wildlife Impact - The wildlife habitat on site has already been
extensively modified from its natural state to allow for agricultural
production. The present orchards serve as habitat for some
species, and those tolerant of urban use will remain. The most
sensitive habitat in the area is the riparian habitat along Big
Chico Creek, and this habitat will not be modified by this project.
A traffic access point to Bidwell Avenue was removed to prevent
disturbance to this riparian habitat, Effects on wildlife are
described on page 18 of the EIR as "not expected to be significant"o
9. Noise - Naise of residential activities will be less than some
farm operations. In any case, noise is not a significant concern.
10. Light - This impact is typical for residential areas, and is not
thought to be significant.
11. Land Use - Given the existing and approved residential uses in the
area, additional residential uses at this location appear to be in
line with an .established trend, and consistent with. the policies
of the Butte County General Plan as indicated in the Planning
Director's Report.
i2. Natural Resources - Once again, except for the loss of agricultural
land previously described, this impact is typical of residential
subdivisions and is not considered significant in this case.
13. Population - This change will result in "in filling" of an area
previously committed to residential use by zoning and approval of
prior subdivisions in this area. This change is not considered
significantly adverse.
14. Traffic and Traffic Circulation - Information in the EIR indicates
area roads either presently have the capacity to absorb the traffic
Page.. 8.
January 22, 1980
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from all the developments proposed-and approved in the area, or
are scheduled for major reconstruction in the near future, such
as the Highway 32/West Sacramento Avenue intersection. Aside
from this intersection, area roads appear to have the capacity to
absorb anticipated increases with capacity to spare. Accordingly,
traffic impacts are not considered significant.
15. Safes - A modification of the project design was implemented
to minimize the hazards to school children, specifically restrict-
ing access from the subdivision onto Bidwell Avenue. The roads
between the project site and Rosedale School are lightly traveled,
so pedestrian safety hazard exposure is relatively low. While
school children's safety is a great concern, the environment will
not be affected in a significantly adverse way on this issue if
this project is approved.
16. Increased-Demand for Public Services - This effect is acknowledged,
but is not considered significant because the need for services
in the area already exists. A commitment to provide services was
made when small-lot zoning (A-SR) was applied in 1972, and sub-
sequent subdivision approvals have carried out the legislative
intent of the 1972 zoning.
17. Enerev Demands - Energy demands of this development will depend
on the design of the structures ultimately built within the
project. Actual energy use is expected to be typical for a sub-'
division of this type and does not represent a significant adverse
impact on the environment.
l8. Water - Residential water use is shown in the EIR to be substantially
less than water requirements for agricultural irrigation.
19. Growth Inducement - Because of area zoning patterns, growth
inducement of this project will be limited to infilling of the
area previously committed to residential use by the 1972 zoning
designation of A-S R, and the previously approved residential sub-
divisions. Therefore it is not considered to be a significant
adverse environmental effect.
20. Increased Land Values - This is an economic effect and not an
environmental impact. Once again, the area affected is the area
previously determined through the zoning process to be appropriate
for residential use.
21. Fli ht Path for Ranchaero Air ort - The EIR notes that the south-
west corner of the proposed subdivision is crossed by the-runway
approach traffic pattern< However, the 1000 feet distance between
the runway and the project site viewed in light of aviation safety
and noise statistics indicate that the airport and the subdivision
can coexist without serious incompatibilities.
(B) That the project be found consistent with the map and text of the Land
Use Element of the Butte County General Plan, and consistent with all
other elements of the plan.
Having made the above findings, I move we approve the project subject
to the following conditions adopted by the Advisory Agency:
1. Provide a 100-ft. leachfield free area around existing wells to remain
either within or within 100 feet of the property boundaries.
2. Show a 100~ft. leachfield setback from the high water mark of the stream
on Parcels 39, 40 and 42. Page 9.
January 22, 1980
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_ __January22,_1980_____ T___~_______~
~3o Obtain permits to abandon ail wells shown as "to be abandoned" in order
to meet the minimum required usable sewage disposal area.
4. Provide a letter or other documentation from the California Water Service
Company stating that they are willing and able to supply domestic water
to each parcel.
5. Meet the requirements of the California State Regional Water Quality
Control Board.
6. Provide the required usable sewage disposal area on each lot.
7. Submit road and drainage plans to the Department of Public Works for
approval and install the required facilities.
8. Provide 20-ft, radius property line returns at all street intersections.
9. Provide right-of-way for standard No. S-5'at all street intersections.
Indicate a 50-f t. building setback line from the centerline of all streets.
Street signs shall be provided by the developer at all street intersections
per County requirments. (Submit five alternate street names for. each
street to the County address coordinator for approval of street names.)
. Deed 30 ft. right-of-way from the centerline of Sacramento Avenue to
the County of Butte.
Construct half street section on Sacramento Avenue to RS-2A geometric
standard with vertical curb, gutter and sidewalk. Minimum structural
section to be 2" AC and 8" AS, SC 250 prime and fog seal and 9570 relative
compaction. Submit design to County Department of Public Works for
approval. "R" value determinations and other data may be required to
support section design. The area now shown as access to Bidwell Avenue
shall be offered for dedication to the County. Plans from the engineer
shall show some type of breakaway gate or emergency access gate to
provide for fire protection.
l~+.. Construct full street section on all interior through roads to RS-2B
road standard with rolled curb, gutter and sidewalk and 2" AC, 8" AB,
SC 250 prime and fog seal. Construct full street section on cul-de-sac
streets to RS-2C road standard with rolled curb, gutter and sidewalk.
Minimum structural section to be 2" AC and 8" AB with fog seal and 95%
relative compaction.. Submit design to County Department of Public Works
for approval. "R" value determinations and other data may be required
to support section design.
Provide monumentation as required by the Department of Public Works in
accordance with accepted standards.
6. Street grades and other features shall comply with the Butte County
Ordinances, design resolution and other accepted engineering standards.
7. Provide permanent solution for drainage. Provide design to take care of
summertime flows as required in mitigation measure ~k3.
8. All easements of record to be shown on the final map.
9. Meet requirements of Butte County Fire Bepartment or other responsible
agency.
?0. Street lighting shall be provided in accordance with Butte County require-
ments, accepted design crife`x'a, and recommendations of PG&E.
Page 10.
January 22, 1980
January 22, 1980
80- 21. TSubmit site development plan to Department of Public Works fox approval
S and construct or install the required facilities.
,22. Pay off any assessments.
23. Meet requirements of PG&E and Pacific Telephone Company.
24. Provide dry wells for summertime drainage.
The following required mitigation measures, included as part of the Environ-
mental Impact Report for this subdivision, will also be conditions of approval
for this subdivision:
25. All utilities to each lot in the subdivision will be underground. Land-
scaping and some of the almond trees to be kept will enhance the visual
appearance of this subdivision. These measures reduce adverse aesthetic
impacts.
26. West Sacramento Avenue will be widened and curbs, gutters and sidewalks
will be installed along the project's frontage. Curbs, gutters and side-
walks will also be installed along the Bidwell Avenue frontage. This
will reduce the effect of increased traffic within the limits of the
project.
27. The effect of increased storm water runoff should be reduced by the
installation of a storm drainage system that will discharge directly
into Big Chico Creek. Provide protection of the creek against runoff
discharges during period of low creek flow such as summer flows.
28. The impact of construction shall be reduced by measures such as watering
to prevent dust, restricting construction-related vehicles to the main
streets and limiting working hours to the daytime.
29. Ta the extent possible, trees will be kept fox landscaping purposes.
Also, 50.4 acres of open space will be equally distributed among the homes.
30. There shall be no .present street access onto Bidwell Avenue other than
emergency access.
Supervisor Dolan stated as far as finding this project does not
have a significant effect, she felt the majority and the opinion for westerly
improvements this subdivision has a great loss to agriculture land. In the
EIR it states Sacramento Avenue represents 53% of the area that has been
considered. This one is more than half. A vita rea that is in agriculture
is going to be lost. The General Plan lists fin area for future. .The law
requires those lines that where it was before have to be and she felt they
should study ito The low density designation and further study it, certainly
this area and further to the west was included. The statements about statistics
point out it might be agriculture surplus as well. The statistics show some
loss_of agriculture land, There are losses of orchards. One on the othex side
is trying another is soil and water. If you do not have 'one you do not have
the other three. It used to be argued you needed 5 to 10 acres. There are ,
many who want to farm. Findings 13 and 4 have air quality. Changes as the
result of a previous committee. As far as the traffic ana EIR there are.m~ny
comments from people who want and who have given us their views of what they
want. The traffic and circulation is going to be much more unsafe. Just
widening half::of Sacramento Avenue and putting curbs, sidewalks on Bidwell
leaves not enough for children. The increase in demands for public services
is critical. She felt they should use the text of the Land Use Element.
There was a lot of testimony on the Land Use Element hearings and there was
to be further study areas. They were to get a committee to straighten these
things out. The rules change. .k~Q was concerned about the fight with the
Page 11.
January 22, 1980
80-
3
3anuary 22, 1980
City of Chico. .She was concerned about the school children, that the
developer does not have to contribute to widening the road and the burden
will fall on the county.
Clay Castleberry, public works director, stated that the condition
was placed on the project originally when there was a connecting road and
the property did front on Bidwell. That connecting road was eliminated, it
does not have any frontage. There is na traffic coming through the property
to Bidwell. For traffic on Bidwell Avenue they did not make a requirement
to make improvements. There was another subdivision and they put through
changes in the design of the development at the request of the commitee it
was eliminated.
Supervisor Dolan set out her concerns regarding the school children
walking along the narrow roadways. Supervisor Dolan made reference to her
memo to the Board regarding a look at the history of city-county cooperation
on the westside of Chico. Supervisor Dolan made references the a, map on
the wall. She was concerned about keeping the remaining agriculture land•
and making a buffer zone. She felt .this approval would encourage urban
growth. If they make this decision they are allowing the whole areato the
west of Glenwood and to the east of Glenwood to go rural, they will be saying
they do not wish to cooperate in this area. She could not support this.
She felt they should get a public policy.
Supervisor Winston stated he felt this growth was in the area of
the land use planning. He recalled reading a large paragraph to this issue
by the Planning Director Bettye Blair and calling attention to a judgment
factor. Tt was made, One close is in another zone. He questioned Super-
visor Dolan as to her thoughts regarding the Harry Mead letter.
Supervisor Dolan stated she toad respect for every ;dingle person who
spoke or came to the Board, that does not mean she agrees with them. She
does not agree with him, She was concerned that when they receive a letter
from an organization like the Farm Bureau to not approve it and they do not
listen to them.
Supervisor Winston stated a very prominent rancher-orchardist was
chairman of the Board of Supervisors and prominent in the Farm Bureau, he
voted for and signed the General Plan Amendment in that there was an ordinance
for granting the zoning. He must have done a lot of research before voting
on it. He had given a lot of thought to this project. He cannot agree
Faith everyone in the county.
Supervisor Dolan stated she did not think he was respecting the
shes or the best interest of the people in District 2,. She felt they did
t need to make a decision today. She would like to have the 'study a,xea
reed upon by the city and county. Have them work to move the green line
d thoroughly work on it. They do not have to make this decision today.
ey have gone up to Glenwood. Listen, read and hear the people and staff.
they want the area to be rural have the city cut off a buffer.
Vote on the motion:
AYES: Supervisors Wheeler, Winston and Vice Chairman Moseley
NOES: Supervisor Dolan
ABSENT: Chairman Lemke
Motion carried.
lla
PUBLIC HEARING: RICHARD VERMILLION AND WILLIAM DREW PROPOSED ENVIRONMENTAL
IMPACT REPORfi AND REZONE FROM "A-2" (GENERAL) TO "SR-1" (SUBURBAN RESIDENTIAL
ONE ACRE PARCELS),.PROPERTY LOOTED ON NORTHEAST CORNER OF GARNER LANE AND
age 12.
January 22, 1980
-__-___--- January22, 19_80 =____.______________
80-STATE HIGHWAY 99~ AP 44-02-69~_CHICO. ADOPTER ORDINANCE 2071
b The public hearing for Richard Vermillion and William Drew proposed
environmental impact report and rezone from "A-2" (general) to "SR-1" {sub-
urban residential one acre parcels), property located on the northeast corner
of Garner Lane and State Highway 99, identified as AP 44-02-69, Chico was
held as advertised.
Bettye Blair, planning director, stated the Board had copies of
Planning Commission reports and minutes and staff findings on this rezone
application. This is a follow up on the General Plan Amendment that was
part of the massive hand Use Map.
Earl Nelson, environmental review director, set out the background
on this project, This is in an area that was changed in the General Plan Map
so it is appropriate for change. The impact that could result is change in
character of the area, loss of marginal agriculture land and exposure to
portion of flood area. It is emphasized in the EIR they have acextained
through various agencies there is a 100 year flood protection area. If they
had known this was to become residential they would have build a levy for
300 to 400 years. However the 100 year does meet minimum federal standards.
The lower houses might be under water. There will be traffic increases and
increase to public services in the area. Most of the impacts are conditions
through mitigation measurers. There was an error in the response time in
the EIR, it is 2-3 minutes.
Supervisor Dolan questioned the intersection of Garner Lane and
Highway 99 should be listed on the mitigation measures. It would be better
to take care of these problems now. She was concerned about fatal accidents
at .this intersection.
Mr. Nelson stated it was a concern. In a 146 subdivision there are
300 cars. It is a significant issue and will be addressed in the Chico Airport
Environ study which takes in a much larger area. At this time he felt traffic
increase was minimal.
Hearing open to the public. Appearing:
1. Richard Vermillion, Chico. Mr. Vermillion stated he was the owner
of the progeny and it had taken .l8 months to reach the hearing stage. He felt
most of the impacts were minimal. It is on marginal land. It is a good project
to the County. He was worked very closely with Bettye Blair. Originally they
had planned for half acre lots but the precut was inadequate so they extended
it to one acre lots at the further end of the subdivision because of poor
perculation problems. Concerning traffic they have cut down the density from
45-46 to approximately 48-40.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, we have reviewed the contents of the draft environmental impact report,
the comments received thereon, and the responses to those comments, therefore
this"Board moves to certify the final environmental impact report that has been
completed in compliance with the California Environmental Review Guidelines.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan, based
our own knowledge and research and on information presented to us concerning
is project, including the environmental impact report which was considered
arriving at a decision, finding that the project will not have a significant
fact on the environment and finding the project is in conformance with the
neral Plan and environmental considerations; the rezone from "A-2" (general)
"SR-1" (suburban residential one acre parcels), property located on the
rtheast corner of Garner Lane ,end State Highway 99, identified as AP 44-02-69,
ico, of Richard Vermillion and"Wiliam Drew was approved: Ordinance 2071 was
opted and the Chairman authorized to sign.
Page 13.
January 22, 1980
-_-_______ Januar_y22, 1980 =____--•_____________
80- Del Siemsen, deputy county counsel, stated to indicate whether there
3 are findings.
Supervisor Dolan stated the mitigation measures will be approved
the subdivision map comes before them.
Vote on motion:
AYES: Supervisors Dolan, Wheeler, Winston and Vice Chairman Moseley
NOES: None
ABSENT: Chairman Lemke
1191
Motion carried.
RECESS: 10:50 a.m.
RECONVENE: 11:07 a.m.
PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION PROPOSED ENVIRONMENTAL
IMPACT REPORT AND REZONE FROM "A-2" (GENERAL) AND "A-R" (AGRICULTURAL-
RESIDENTIAL) TO "M-I" (LIGHT INDUSTRIAL), "R-1" (SINGLE FAMILY RESIDENTIAL),
"R-4" (MA%IMUM DENSITY RESIDENTIAL - RESTRICTED SERVICE')', AND "C-2" (GENERAL
COMMERCIAL), PROPERTY LOCATED ON BOTH SIDES OF ESPLANADE, FROM THE INTERSECTION
OF ESPLANADE AND STATE HIGHWAY 99 TO LASSEN AVENUE, CHICO_(AS AMENDED).
~. The public hearing of the Butte County Planning Commission proposed
environmental impact report and rezone from "A-2" (general) and "A-R" (agricul-
tural - residential) to "M-1" (light industrial), "R-i" (single family resi-•
dential), "R-4" (maximum density residential - restricted service), and "C-2"
(general commercial), property located on both sides of Esplanade, from the
intersection of Esplanade and State Highway 99 to Lassen Avenue, Chico (as
amended) was held as advertised.
Bettye Blair, planning director, set out the background on this
project. This is the rezone of the area adjacent to North Esplanade. It
was part of the General Plan amendment that was approved the latter part
of October following the Planning Commissions recommendation. It differs
from the original presentation. The area on "C-2" zoning, it is being proposed
as highway commercial.
Supervisor Wheeler stated part of the property is half in Highway
commercial and half in "C-2", She would like to know where this is located.
She understood they were putting it back into "C-2" because of Planning
Commission and staff having reviewed it.
Ms. Blair stated it had been held before a public hearing. There
was no question but division. If the Board does not agree they should have
it referred back to Planning Commission for its comments.
Del Siemsen, deputy county counsel, stated the only~ime they have to
refer back is if they are going to change or something different that you are
recommending. If it has already been considered it does not need to go back
to Planning.
Earl Nelson, environmental review director, set out the background
on this project. There are a number of potential impacts in regards to this
zone. There is an increase in traffic. Presently there are 27,000 cars.
There is concern at5out future growth. There wiJa be some loss of agriculture
land. There will be a strong water increase. .Mud Creek drainage ditch will
handle this. He was concerned about the safety of children going to Shasta
Elementary. Increase of public services. The mitigation measures- have been
altered for the new project and are in detail in the report,
Hearing open to the p~iiic. ,Appearing:
age 14•.
January 22', 1980
80-
a
January 22, 1980
1. Earl Dunn,JChico. Mr. Dunn owns property in the area. The
northerly half of his property is zoned "C-2"< If the zoning is changed
or amended his property will be half "C-2" and half "H-C". He has requested
by letter and he would like to have the 12 acre portion removed from the
"H-C" zone and zone it "C-2" which was the original and compromise with
the original property.
2. Harold W,.Peterson, H. H. Peterson and Sons, Inc., Chico.
Mr. Peterson owns property in this area. He has approximately 815 feet of
frontage on the Esplanade in addition to other buildings. They would like
to have this area zoned "C-2". The rest of the property, frontage, they
will go with "H-C". They are bordered by commercial property. Their reason
for wanting a buffer is due to their almond property.
3. Vern Bartram, Chico. Mr. Bartram owns property in the area,
Approximately 800 feet is highway commercial frontage. He is concerned about
the looks of the area if it is changed. He feels "H-C" would control this.
He questioned if the 350 feet started from the middle of the road.
Ms. Blair stated yes they applied the frontage from the center
of the road because lines often changed
Mr. Bartram questioned if they could change it to 450 as 350 is
not enougho
Ms. Blair suggest if they were going to modify this and if they
advertised at 350 feet they would have to go back and readvertise and hold a
public shearing~o
4. Debra Campbell, Chico, Ms. Campbell resides just off the
Esplanade in the Sphere of Tnfluence. She was concerned about children
walking to the Shasta Union School,
5. John Stutz, Chico. Mr. Stutz felt the legal description was
hard to follow. Tt reads 300 feet from the center. He felt between the
Esplanade and Highway 99 there was no reason for highway commercial. It is
covered by use permits. Tn the original General Plan amendment it was
350 feet from the edge. General Plan~ines are not percise.
6. Don Brooks, Chico. Mr. Brooks owns property in the area. He
was concerned about hearings going on for two years. There has been lots of
public input and public meetings. For two years it was going "C-2" all of a
sudden it is changed to "H-C". The area has been established for a good
many years, so why change it.
Hearing closed to the public and confined to the Board.
Bettye Blair stated reading from the description and without looking
at the legal maps it appears to be 300 feet. Which would be approximately
325 or 330 feet from the center line to answer Mr, Bartram's question. She
would like to look at other records. '
Supervisor Winston stated the recommendation came down fram the
Planning Commission and their Chairman stated he felt there should be some
type of control on the commercial development in the area. These comments
were made on light manufacturing. He was concerned about there being a strip
of "C-2", a strip of "H-C", a strip of "C-2" and it was a hodge podge from
Hicks Lane to Lassen Avenue. He was concerned about the logic of their
decision. There were no patterns.
Ms. Blair stated the uses within "H-C" are far less intent than "C-2",
This leaves the Commission an o$apgetur~~ty to explore traffic volumes under
January 22, 1980
_January 22, 1980 _ _ _ __ __
8fl- •straight commercial. Off site improvements wouldTbe accomplished through
.~ other laws. The Commissions concern was the available environmental report.
They wanted the highest and best use which was commercial. During a time
span it becomes available and the Commissions concerns were great.
Supervisor Winston questioned how after this process has gone through
legal advertisement and at a meeting of Planning with no controversy, are the
property owners told they are going to change this. I receive a memo from
Ms. Blair. He stated there were two methods to change this; 1) send it back
to Planning Commission for rehearing or 2) it could be done right here.
Supervisor Winston felt if there were going to be impacts and
changes it should have been noted to the property owners so they could protest.
He was unhappy with the zoning strips. He felt it should be uniform.
Ms. Blair stated he could come to Planning and listen to the tape
of the hearing. Everyone has a chance to be heard before the Board. Did
he want her to go back to the proposed recommendation and go to public hearingZ
Supervisor Winston felt there should be some way to go back to the
concerns of the "C-2" recommendations. He felt she had the right to make
any recommendation to the Planning Commission. Make certain everyone is
informed at.great length and they are given the opportunity to participate in
hearings they advertise. He felt the Planning staff was professional and
they should make a motion to take it back to Planning Commission.
On motion of Supervisor Winston, seconded by Supervisor
Wheeler the matter of the rezone on both sides of Esplanade, from the
intersection of Esplanade and State Highway 99 to Lassen Avenue, Chico be-
referred back to the Planning Commission for further consideration of the
"C-2" zoning in the report area.
Mr. Siemsen questioned if there was a specific area in the "C-2"
zone.
Supervisor Winston stated he wanted it clarified. He wants this
send back for reconsideration to those areas that were originally discussed
in "C-2". He did not feel it should be readvertised. He is not accusing
them of unfair tactics. He felt only the affected property owners should
be notified.
Vote on motion:
AYES: Supervisors Dolan, Wheeler, Winston and Vice chairman Moseley
ABSENT: Chairman Lemke
Motion carried.
1z(
Mr. Siemsen stated this item would be continued to February 19,
1980 at 11:30 a.m.
(APPEARANCE: LOUISE AHART
Ms. Louise Ahart, Marysville. Ms Ahart stated she had a request
for the 15 day period of protest of Dunstone Oaks Subdivision. She has a
letter under communications. A hearing date was set for February 19, 1980
at 10:45 a.m.
121 APPEARANCE: JOAN COLEMAN
Joan Coleman, Paradise. Ms. Coleman stated she had been involved
with private contracts for animal services. She was sorry Mr. Phil Mace was
not here to assist today, but he was out of town. She had handed the clerk
copies of her letter to be handed to the Board after she had completed reading
it. Ms. Coleman's letter read-Page Ib. into the minutes.
January 22, 1980.
January 22, 1980
8~- Supervisor Winston stated he understood the Auditor and Administrative
~ Officer were to have a series of conferences with Dr, Allen, He was sure Dr.
Allen had not received it yet or signed it and until there is a situation
it can not be corrected,
SUPERVISOR WHEELER ABSENT AT THIS TIME
122 APPROVED ACCEPTANCE OF ALMOND TREE ESTATES SUBDIVISION IMPROVEMENTS
On motion of Supervisor Winston, seconded by Supervisor Dolan and
carried, approved acceptance of improvements on Almond Tree Estates Subdivision,
authorize release of labor and materials bond and begin the one year maintenance
period. AYES: Supervisors Dolan, Winston and Vice Chairman Moseley NOES:
None ABSENT: Supervisor Wheeler and Chairman Lemke'
123 APPROVED PLANS AND SPECIFICATIONS FOR ORD FERRY ROAD BRIDGE ACROSS HOGBACK
DRAIN ANA SET BTD OPENTNG FOR FEBRUARY 14 1980 AT 11:00 A M
On motion of Supervisor Winston, seconded by Supervisor- Dolan and
carried, approved plans and specifications for Ord Ferry Road Bridge across
Hogback Drain (Project Noo 42071-79-1); authorize the Chairman and Public
Works Director to sign the plans; adopt wage scale; and set the bid opening
for 11:00 a.m. on February 14, 1980 in the Public Works Office. AYES: Super-
visors Dolan, Winston and Vice Chairman Moseley NOES: None ABSENT: Super-
visor Wheeler and Chairman Lemke
124 ADOPT RESOLUTION 80-16 RE: PROGRAM SUPPLEMENT ~k14 TO MASTER AGREEMENT N0.
03-5912 - TRAFFIC SIGNAL MODIFICATION EAST AVENUE AND ESPLANADE
On motion of Supervisor Bolan, seconded by Supervisor Winston and
carried, Resolution 80-16 authorizing the execution of Program Supplement ~~14
to Master Agreement Noo 03-5912 covering the funding for traffic signal mod-
ification of East Avenue and Esplanade, Chico; estimated cost is $80,000 (fed-
eral, $54,000; state, $6,000; and local, $20,000) with local share to come
from the road reserve was adopted and authorize the Chairman to sign and
direct the Auditor to prepare the necessary budget transfer.
' 125 APPROVED AGREEMENT FOR INTERCITY TRANSPORTATION SERVICES
Clay Castleberry, public works director, stated they were working
with Greyhound regarding this matter. Biggs, Gridley and Oroville have agreed.
It was sent to Chico and they do not agree. They have, worked out the problem
and the changes have been sent to the other cities for agreement.
.Supervisor Dolan volunteered to be on the committee for the inter-
city transportation service.
On motion of Supervisor Dolan, seconded by Supervisor Winston and
carried, approved the cooperative agreement for intercity transportation
services between the county and the Cities of Biggs, Chico, Gridley and the
Town of Paradise and authorized the Chairman to sign,
.126 UTHORTZED GRANTING OF LEGAL ACGESS TO ONE FOOT .STRIP OF PROPERTY FOR ACCESS -
AULA NELSON AP 63-11-05
Clay Castleberry, public works director, stated `the re was a correspond-
ence item he would like handled at this time. Tt is appropriate under the Sub-
ivision Ordinance. This property has four parcels and are large enough to split.
On motion of Supervisor Wheeler, seconded by Supervisor Winston and
arried, approved granting legal access to Paul Nelson, AP 63-11-05, located on
he east side of Robert E. Lee Drive, Forest Ranch across a one foot strip of
and.
'127 ONTINUED TO JANUARY 29 1980 REPORT FROM COUNTY COUNSEL RE: AB 887
Bettyye B1air,,planning director, presented a report regarding the
ffect of AB 8S7 on zoning regulations for mobile homes on permanent foundations.
Page 17.
January 22, 1980
SO-
January 22, 1980
Ms. Blair stated there has been one application received requesting
a permit for permanent foundation and they anticipate ..more to follow. She
questioned if they should amend the definition. A person in "R-1" zone can
place a mobile on property with a permanent foundation. Mobile homes have
to comply with the fire regulationso
Dan Blackstock, county counsel, stated it was real property and
they will be bringing back an amendment on the transfer of taxes which would
cite this situation next week. His view was why should government control
this. They are requesting a proper foundation that could have been placed
on a regular house.
The matter was continued to January 29 fora report from Counsel.
128
129
SET PUBLIC HEARING DATE 'FOR PROPOSED NEGATIVE DECLARATION AND DECISION TO
PROCEED WITH TABLE MOUNTAIN BOULEVARD BRIDGE AT FEATHER RTVER (PROJECT N0,
28491-76-1) SET FOR FEBRUARY _5_,_ 1980 AT 10:45 AoM.
A public hearing date of February 5,-1480 at 10:45 a.m. was set
for Sutte County Public Works Department - Table Mountain Boulevard Bridge
at Feather River (Pxoject No. 28491-76-1) was set to consider the proposed
negative declaration and decision to proceed with the project.
ADOPTED RESOLUTION 80-17 RE: BURBANK SCHOOL SITE AND SETTTNG OPENING OF
BID FOR FEBRUARY 26. 1980 AT 10:00 A.M.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, Resolution 80-17 for the sale of the Burbank School site was
approved and the Chairman authorized to sign.
Dan Blackstock, county counsel, stated the bids will be opened
before the Board on February 26, 1980 at 10:00 a.m.
130
ADOPTED RESOLUTION 80-18 RE: ESTABLISHING RULES AND REGULATIONS FOR NEW
COUNTY ADMINISTRATION BUILDING AND ADOPTED RESOLUTION 80-19 RE: REGULATIONS
FOR VEHICLE PARKING AT THE ADMINISTRATION CENTER
Supervisor Winston questioned the wording on the resolution regard-
ing the administration building. The original recommendations stated the
facilities manager was to authorize the use of appliances and this resolution
states they are to regulate it. He would like to see refrigerators, coffee pots,
hot plates and other items not placed in offices as to create a delicatessen.
He wants Administration to have controlo He did not want food lying around.
He questioned why the regulation was changed.
Dan Blackstock, county counsel, stated it was putting clarity on
the use th2t the Administrative Officer can realized He felt it was better
handled by the department heads.
Supervisor Winston stated there is a refrigerator in the Administration
Office because it was authorized.
Clif Mickelson,-.administrative officer, stated there are procedures
to appeal if a department head is not in agreement with the position: of the
Administrative Officer. They could change regulation to authorize the use
of electrical appliances. and delete the balance of number 4. On C (4) to
authorized ,by the facilities manager and delete "excepting those water
heating appliances".
Supervisor Winston stated he had received numerous calls from
individuals who were unable to find parking spaces at the new building.
He would hope the employees would park in the designated areas and away
from the building, If necessary when they renegotiate-with the employees,
Mr. Rackerby will have the personnel rules amended so there will be disciplinary
action taken. He would expect Page i18ration to enforce these new rules.
January 22, 1980
January 22, 1980
80_ - ~On motion of Supervisor Winston, seconded by~Supervisor Dolan and
.~ carried, Resolution 80-18 establishing rules and regulations for the new
county administration building and to provide for the enforcement of said rules
and regulations with the changes as mentioned previously; and Resolution 80-19
regulating vehicle parking at the Butte County Administration Center were
approved and the Chairman authorized to sign both resolutions.
13 ADOPTED RESOLUTION 80-20 IN CONDOLENCE OF THE DEATH OF JACK MC PHERSON
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and carried, Resolution 80-20 in condolence of the death of Jack McPherson
was adopted and the Chairman authorized to sign.
The Board wanted to present this resolution to Norma McPherson
as her husband had worked as District Attorney for this county
132 ACCEPTED RESIGNATION OF ART GTLMAN FROM NORTHERN CALIFORNIA HEALTH SYSTEMS
~fGENCY
On motion of Supervisor Winston, seconded by Supervisor Aolan and
carried, accepted with regret the resignation of Mr. Art Gilman as a member
of the Northern California Health Systems Agency.
133 APPOINTED SUPERVISOR DOLAN TO INTERCITY TRANSIT COMMITTEE
Supervisor Dolan was appointed to the Intercity Transit Committee.
134 APPOINTED MEMBERS TO RTCHVALE SANITARY DISTRICT
On motion of Supervisor Winston, seconded by Supervisor Dolan and
carried, approved the following appointments to Richvale Sanitary District:
Elmer Lindahl - Director for 4 years
James Warren -Director for 4 years
Gary Stone - Director for 4 years
135 APPOINTED MEMBERS TO~OROVTLLE MEMORIAL HALL COMMITTEE
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, approved the following appointments to the Oroville Memorial Hall
Committee:
Earl A. Brewer
Dave Edwards
136 CONTINUE UNTIL JANUARY 29 1980 APPOINTMENTS TO MENTAL HEALTH ADVISORY BOARD
' Continued until January 29, 1980 the appointments to the Mental Health
Advisory Soard,
137 PPOINTED MEMBERS TO THE BUTTE COUNTY COMPREHENSIVE HEALTH PLANNING COUNCIL
On motion of Supervisor Dolan,_seconded by Supervisor Wheeler and
carried, approved the following appointments to the Butte County Comprehensive
Health Planning Council with term to serve until December 31, 1982:
Joan Darby, Consumer
Evelyn Morehead, Provider
Robin Nichols, M.D., Provider
Mardi Worley, Consumer
Don Curtis, Provider
Tom Harper, Consumer
Jacob Perez, Provider
Adrian`9mith, Consumer
138 ONTINUED UNTIL JANUARY 29, 1980 APPOINTMENTS TO CHICO GENERAL PLAN LAND USE
CEMENT COMMITTEE
Continued to January 29, 1980 the appointments to the Chico General
lan Land Use Element Committee.
Page 190
January 22, 1980
_ _ January 22, 19_80 _ _ _ _ ______________
80- 139 CONTINUED TO JANUARY 29 1980 APPOINTMENT TO AGRICULTURAL ADVISORY GOMNiTSSION
b Continued to January 29, 1980 the appointment to the Agricultural
Advisory Commission.
140 CONTINUED TO JANUARY 29, 1980 APPOINTMENTS TO THE CITIZENS ADVISORY COMMITTEE
ON DRUG .ABUSE AND ALCOHOL ADVISORY BOARD
Continued to January 29, 1980 the appointments to Citizens Advisory
Committee on Drug Abuse and Alcohol Advisory Board.
141 COMMUNICATIONS
Montgomery and Goldkind, attorneys at law. The attorneys, on behalf of Alaric
Dyckman, a minor, file a claim in the amount of $500,000 for injuries
sustained on or about October 19, 1979 at the Palermo School. .See
motion following communications.
John W. Hamby, surveyor. The surveryor, on behalf of Kevin Stratton, writes
appealing the Planning Commission's denial of rezone (environmental
impact report was previously certified) from "TM-20" (timber mountain -
20 acre parcels) to "TM-5" (timber mountain - 5 acre parcels),
property located on both~sides of Doe Mill Road, approximately two
miles south of Schott Road, identified as AP 63-01-103, Chico.
Hearing set for February 19, 1980 at 10:15 a.mo
Lee Halstrom, Magalia. Mr. Halstrom writes appealing the Planning Commission's
denial of rezone (environmental impact report was previously certified)
from "TM-20" (timber mountain - 20 acre parcels} to "TM-5" (timber
mountain - 5 acre parcels), property located approximately 1/4 mile
west of Doe Mill Road, approximately two miles south of Schott Road,
Chico. Hearing set for February 19, 1980 at 10:15 a.m.
L. Ahart, Marysville. Ms. Ahart writes appealing the Advisory Agency's approval
of proposed environmental impact report and Dunstone -0aks Subdivision
(subdivision filed as parcel map), nine lots, AP 27-23-57 and AP 28-
27-153 and 157, property located 500 feet east of Dunstone Drive on
Cox Lane, Honcut area. Set hearing for February 19, 1980 at 10;45 a.m.
Brian Heinz, Paradise. Mr. Heinz writes appealing the Advisory Agency's
condition relating to a 60 foot easement on his tentative parcel
map, two lots, AP 65-21-02, property located on the east side of
Skyway, between Gedar Lakes Drive and Evergreen Drive, Paradise
Pines area. Hearing set for February 19, 1980 at 11:15 a.m.
John W. Hamby, surveyor. The surveyor, on behalf of Paula Nelson, writes with
regard to the Advisory Agency's condition ~k5 relating to verification
of legal access on her #entative parcel map, two lots, AP 63-11-05,
property located on the east side of Robert E. Lee Drive, Forest
Ranch. The request is for the Board to grant legal access to the
property across a one foot strip of land. Handled earlier in the
meeting.
Senator Ray Johnson, .Senator Johnson writes forwarding information concerning
Assembly Bi11 681 relating to the prohibition of agricultural burning
which was defeated. Information; no action taken.
State Department of Fish and Game. The department writes forwarding information
concerning the proposed either sex archery deer hunt to be held at
Gray Lodge. Referred to Fish and Gama Commission and Mr. Mercer.
142 REJECTED CLAIM - MONTGOMERY AND GOLDKIND ON BEHALF OF ALARIC DYCI~AN
On motion o£ Supervisor Wheeler, seconded by Supervisor Winston and
carried, rejected the claim from Montgomery and Goldkind, attorneys at law, on
behalf of Alaric Dyckman, a minor, in the amount of $500,000 for injuries
sustained on or about October 19,_:,1979 at Palermo School and referred to
Counsel and Risk Management Page 20,
Coordinator. January 22 , 1980
January 22, 1980
80- 143ADDITIONALCOMMUNICATIONS ------J_-_--.-_----_-_Y
~ John P. Quiggle, Chico. Mr. Quiggle writes appealing the. Planning Commission's
denial of a rezone from "TM-20" (timber mountain - 20 acre parcels)
to "TM-5" (timber mountain - 5 acre parcels) property located on
the west side of Doe Mi11 Road, approximately 2 miles south of Schott
Road, AP 63-01-109, Chico. Hearing set for February 19, 1980 at 10:00a.
144
There was discussion regarding the courier service cuts.
Clif Mickelson, administrative officer, stated due to budget cuts
one position cut was in the central services department. There is hopes of
getting coordination with individuals who make daily runs between the areas
cut.
RECESS: 12:28 p.m.
RECONVENED: 1:45 p.m.
145IPRESENTATION BY AUDITOR-CONTROLLER ON FINANCIAL POSITION OF THE COUNTY
There was presentation by the Auditor~Controller on the financial
position of the County.
Mr. Jim Johansen, auditor-controller,-stated he wanted to talk to
the Board in addition to the written report. He would give some of the high-
lights. He has made a few recommendation. The Board drew up their budget
last year by reserving a good portion of the revenue sharing for unforseen
places of revenue, Due to the incorporation of Paradise and revenue loss
to the County of Butte. It was a difficult decision. The Board had copies
of their prepared report. There will be a significant reduction of govern-
mental services in this county. If Jarvis-2 comes about there will be a
cut in income taxes by half in June. .Revenue Sharing as it exists now will
be until September 1980. Some people fell it will be reinstated. This is
an uncertainy. Annexation of County property to Chico is unknown. They
have a list on page 4 which includes basicly no increase in salary. There
will be one~uillion dollars less in contingency including unallocated funds.
Public Works road contingency is offset by funding by the federal government.
There will be no special augmentation money, Mr. 3ohansen set out the figures
in his report. In some areas there was more revenue, such as sales taxes.
Loss due to Paradise sales. The Board established a fairly high reserve
in that end, if not they would be in worse shape now. AB 8 long term implement-
ation of Proposition 13 was a deflater. The Williamson end the loss to the
State as the result of Jarvis was 4.9 billion dollars. The State budget is
similiar to the County, they are under certain controls which they can not
change. There will be a Loss of 5 billion from Jarvis-2. On page 10 of the
report under 50-100% funding there will be a 55% increase. In the 0-49%
there will be 19% increase. There is significant increases in federal and
state funding but much less on those on the local level. It is not impossible
to cut but difficult.
Mr. Johansen has sent copies to the department heads and many are
present here today. He has had some recommendations to solve the problem but
it is how the Board will approach the prablemo He suggested people at the
local levels start legislation or contacting their legislators. AB 8 is
a deflater for local government, He suggest appointing a committee of Board
members to work with Mr. Mickelson and himself in determining the priority
expenditure reduction policy for preparing the 1980-S1 budget. He suggested
a special tax election in June to provide for county fire and police protection
in accordance with A$ 618. To direct department heads to suggest legislation
to help reduce operating costs.
Supervisor Winston stated it was an excellent report. He voiced
concern for the erosion of local control at the government level.
Page 21.
January 22, 1980
-____-- =--January-22,-19_80 =_--_____---__=====i
80- Clif Mickeison, administrative officer, stated that his offices
.~ greatest concern was the fire protection. He was concerned about the City
of Chico annexation. It would reduce revenue to the County by $12 million.
Les King, Grand Jury Audit Committee. Mr. King was concerned
about the loss of protection. in the outlying areas.
Supercrisor Winston stated he was concerned about the article he
had read in the paper where-the Sheriff had stated he would continue with
services as they presently are.
Vice Chairman Moseley stated there was four recommendations to
the Board. Chairman Lemke and Supervisor Winston were appointed to be on
a committee to work with the Auditor and Administrative Officer to work on
the 1980-81 budget.
ADJOURNMENT
There being nothing further before the Board the meeting was
adjourned at 2:24 p.m. to reconvene on January 29, 1979 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-RECORDER
and ex-officio Clerk of the
Board of Supervisors
By
Page 22.
Chairman, Board of Supervisors
January 22, 1980