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HomeMy WebLinkAboutM022481/ ~• 81-- d 304 305 306 '307 308 309 310 311 February 24, 1981 iTATE OF CALIFORNIA ) } SS. BOUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley. Clif Mickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk. Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Lemke APPROVAL OF MINUTES On motion of Supervisor Lemke, seconded by Supervisor Wheeler and unanimously carried, the minutes of Februaxy 17, 1981 were approved as mailed. On motion of Supervisor Lemke, seconded by Supervisor Dolan and unanimously carried, Resolution 81-42 amending the Personnel Rules to update the discrimination complaint procedures and to establish the deferred com- pensation program was adopted and the Chairman authorized to sign, On motion of Supervisor Wheeler, seconded by Supervisor Saraceni nd unanimously carried, the first reading of a salary ordinance amendment liminating the C,IIS section, reflecting the new statutory salary for inicipal judges, adding six additional homemaker positions and reclassifying he vacant air quality engineer position to investigator was waived, T RESOLUTION 81-43 RE: EMPLOYEE STAND BY PAY PROVISIONS On motion of Supervisor Wheeler, seconded by Supervisor Saraceni unanimously carried, Resolution 81-43 adding Section 12,18 to the onnel Rules on stand by pay provisions was adopted and the Chairman orized to sign. ---" ., vny uvi. l.7 - nutfi[U liL'L`1132;lCJ On motion of Supervisor Lemke, seconded by Supervisor Saraceni and nimously carried, the purchase of three file cabinets for individual Board Supervisory members at a cost of $420 were authorized; budget transfer B-139 provide necessary budgetary appropriation has been prepared, AUTOMATrr, aTn A!_RFPMRrTm _ On motion of Supervisor Dolan, seconded by Supervisor Saraceni and nanimously carried, the automatic aid agreement between the county and E1 edio Fire District covering the automatic response of one engine company by ach party was approved and the Chairman authorized to sign, PPROVE PTtOPERTY TAX EXCHANGE AGItE~MEAFT - EL MEDIO FIRE PROTECTION DISTRICT On motion of Supervisor Dolan, seconded by Supervisor Wheeler and nimously carried, the agreement by the El Medio Fire Protection District relinquish future claims to property taxes to the City of Oroville as part recently approved island annexation was approved and the Chairman authorized sign. On motion of Supervisor Lemke, seconded by Supervisor Wheeler and animously carried, the submission of a preapplication for grant funds-for it health facilities construction project by the County Administrative ficer and Public Health Director was authorized. Page 100, Februaxy 24, 1981 February 24, 1981 81= 312 PPROVE BUDGET TRANSFERS ~ On motion of Supervisor Dolan, seconded by Supervisor Saraceni and unanimously carried, the following budget transfers were approved: B-138 - CETA Administration. Increases the appropriation for-fixed assets - equipment in the amount of $17,000 with funding coming from federal anpowex revenue sharing. The purpose o£ this transfer is to cover the cost of acquiring the remaining modular furniture for-the CETA Administrative ', Office as approved by the Board on January 27, 1981; minute order 81-135. B-139 - Board of Supervisors. Transfers $450 from special department expense to fixed assets - equipment in order to provide funding for the purchase of three file cabinets for Board of Supervisors members. 313 AWARD CONTRACT - BUILDING Dr;MULi'1.'iVN A'1' L~L3 rvtc'1_wAxiv~ ~Ltee~~1. VicVV1LLC~ On motion of Supervisor Dolan, seconded by Supervisor Lemke and unanimously carried, the contract for demolition of dwelling located at 2523 Fort Wayne Street, Oroville was awarded to Kemen and Son of Paradise in the amount of $2,800..and the Chairman authorized to sign. 314 ESTABLISH'_~ FAIR MARKET PRICE FOR PROPERTY AT 2530 FORT WAYNE STREET OROVIL' On motion of Supervisor Wheeler, seconded by Supervisor Saraceni and unanimously carried, the fair market value of $7,000 was established for property located at 2530 Fort Wayne Street, Oroville; and authorized the Administrative Officer to purchase the property. 315 AUTHORIZE RELIEF FROM RESPONSIBTLTTY - COMNF[JNITY ACTION AGENCY On motion of Supervisor Wheeler, seconded by Supervisor Saraceni and unanimously carried, the relief from responsibility for theft of funds in the amount of $18 from petty cash stolen during burglary of offices on December 21, 1979 from Community Action Agency was authorized. 316 317 AYYitUVr~ 4Ali1AlVliL~ 1CL;1.VrrWALa - YUISLlI: nr.r+s,rn On motion of Supervisor Lemke, seconded by Supervisor Wheeler and unanimously carried, the following variance renewals from Public Health were approved: 1. Approved variance renewal for Grace Coon to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 39-25-002-XO 3621 Burdick Road, Chico area, zoning "A-20"; 2. Approved variance renewal for Alta R. Linn to Sections 19-10 and/ or 19-12 of the Butte County Code for placement of a mobile home on AP 31-25-3-048, 1175 Grand Avenue, Oroville area, zoning "A-2"; 3. Approved variance renewal for Iris Solis to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 72-05-20, 7040 Feather Fa11s Star Route, Oroville, zoning "C-2". AUTHORIZE RELEASE OF DRAINAG$ DEPOSTT__- THERMALITO AREA There was a motion by Supervisor Lemke, seconded by Supervisor Wheeler fo'r:°the release of drainage deposit collected for AP 31-212-26 (6th and Plumas Avenues, Thermalito area) in the amount of $2,124 for the developer or county to install necessary storm. drainage improvements be approved. Clay Castleberry, public works director, stated the funds would be used to help with the drainage problem in that area. 'This will get the water from the property toward the natural Swale, Chairman Moseley questioned the requirements for drainage deposits in the Thermalito area. The major. plan was prepared by Geddis and Driskol. .Page 101. ' February 24, 1981 81- 'b February 24, 1981 Mr. Castleberry stated on the larger developers they do charge the fees. This is to Ruddy Creek area. They will pay $200 to $400 per lot deposit because the major developers are creating the majority of the problem. They need to. have maintenance to do it down stream. Vote on motion: AYES: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley Motion carried. 318 319 32 0 321 ADOPT RESOLUTION 81-44 IN SUPPORT OF SENATE BILL 215 STREET AND ROAD FUNDTNG Clay Castleberry, public works director, would like the Board to support SB 215. The gas tax was 7 cents per gallon and in 1963 gasoline was only 28 cents. Tt has the support of CSAC and Nine Northern Gounties Supervisors Association. It would increase the tax by 2 cents. One cent would. be for counties and ci-ties for street maintenance and construction and one cent for state highways. On motion of Supervisor Saraceni, seconded by•Supervisor Lemke and unanimously carried, Resolution 81-44 in support of Senate Bill 2I5 was adopted and the Chairman authorized to sign. APPROVE GRANTING OF EASEMENT TO CROSS ONE-FOOT STRIP OF PROPERTY AT END OF WOODPECKER COURT IN MAGALIA Clay Castleberry, public works director, set out the background on the easement request of S. A. Mackenzie to crass the one-foot strip of property at the end of Woodpecker Court in Magalia. It is for the purpose of building a house on the existing lot. Asa property owner in the area for many years he has paid his share through Paradise Pines Property Owners. It is an existing parcel. On motion of Supervisor Lemke, seconded by Supervisor Saraceni and unanimously carried, permission for S. A. 'Mackenzie to cross a one-foot strip of property at the end of Woodpecker Court in Magalia was approved. PUBLIC WORKS DIRECTOR AUTHORIZED TO WRITE LETTERS TO CALIFORNIA TRANSPORTATION COMNffSSION,_ CALTRANS~,AND_.LEGISLFITikRS_._RS°•, "GTANELLI BRIDGE Clay Castleberry, public works director, stated he has been notifed by the state due to the lack of funds they were gulling the Gianelli Bridge project from their proposed list. It has been on the list for five years. He feels it is needed because of accidents on the bridge. When originally priced it would havecost $3 million to $4,mi~11'3u but with inflation it currently would cost $8 million to $10 million. He felt the bridge serviced a large area, not just Butte County. The Nine Northern Counties Supervisors Association has gone on record requesting it be placed back on the state list. Presently there are no Butte County projects for the next several years in the stake plans. Supervisor Wheeler stated without the legislation of SB 215 tc generate additional funds they will not put it back on the future plans. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, the Public Works Director was authorized to send letters to California Transportation Commission, Caltrans and legislators requesting that the Gianelli bridge be included in the State Transportation Improvement Program (STIP)., PUBLTC HEARING DATE SET A public hearing date of March 24, 1981 at 10:00 a.m. was set for consideration of an extension<of interim "M-2" (heavy industrial) zone for Jane Hendrix. Page 102. February 24, 1981 81~ 322 d i February 24, 1981 ADOPT ORDINANCE 2191: CLOSED HEARING:~WAYNE PAUL, PROPOSED NEGATIVEy DECLARATION AND APPEAL OF DENIED REZONE FROM "S-R" {SUBURBAN RESIDENTIAL) TO "R-3" (MEDIUM DENSITY RESIDENTIAL), PROPERTY LOCATED ON THE SOUTHWEST SIDE OF STATE HIGHWAY 32, APPROXIMATELY 800 FEET NORTLiWEST OF OAK WAY, IDENTIFIED AS AP 42-14-16 CHICO The closed hearing on Wayne Paul proposed negative declaration and appeal of denied rezone from "S-R" (suburban residential) to "R-3" (medium density residential), property located on the southwest side of ,State Highway 32, approximately 800 feet northwest of Oak Way, identified las AP 42-14-16, Chico was held as continued. ~ Supervisor Dolan stated she felt the action of the Planning Commission was appropriate. There are serious traffic problems in the area now and to change to multi residents it will start serious drainage problems like Sacramento Avenue. She felt the zoning should remain as it is until they have a long range plan. There was a motion by Supervisor Dolan to deny the rezone appeal of Wayne Paul. Motion dies for lack of a second. Supervisor Lemke stated he understood the problem with the traffic and drainage and felt it should be addressed before any projects are decided on. He felt the rezone was well within the General Plan. They have adopted a 4eneral Plan and they should use it as a guideline. Supervisor Saraceni has discussed the matter with a number of individuals who spoke to the Board at the hearing last week. Originally they asked for commercial and it was contiguous with the industrial zone across the street. He felt the zoning would be a buffer and consistant with the General Plan, He felt the answers to restrictions and drainage will be addressed as projects come forward for approval. Supervisor Wheeler was in agreement with Supervisor Lemke. The request is a zone change. The issues of traffic and drainage will be mitigating measures when a project is presented. Supervisor Dolan stated appeals are upheld and there is no guarantee that people who use Highway 32 are going to be taken care af. They will need to make sure they are. She felt the zoning was far-mare objective than the General Plan. One problem was circulation. It involves more than just the map and the Land Use designations. Her concerns were more important to her in this area. On motion of Supervisor Saraceni, seconded by Supervisor Lemke and carried, finding that the proposed project could not have a significant effect on the environment, a negative declaration was recommended. AYES: Supervisors Lemke, Saraceni, Wheeler and Chairman Moseley NOES: Supervisor Dolan On motion of Supervisor Saraceni, seconded by Supervisor Lemke and carriedy moved to uphold the appeal of Wayne Paul on which a negative declaration was recommended; Ordinance 2191 rezoning from "S-R" (suburban residential) to "R-3" (medium density residential), property located on the southwest aide of State Highway 32, approximately 800 feet northwest of Oak Way, identified as AP 42-14-16, Chico was adopted and the Chairman authorized to sign. AYES: Supervisors Lemke, Saraceni, Wheeler and Chairman Moseley NOES: Supervisor Dolan Page 103. February 24, 1981 81- 323 3 324 325 February 24, 1981 ADOPT RESOZUTTON 8Z-45 RE: RETURN OF GRANT MONTES TO THE STATE AND FEDERAL GOVERNMENT - COUNTY COUNSEL TO PREPA_R_E_-RESOLUTIONS FOR CSAC AND NNCSA Dan Blackstock, county counsel, stated he had forwarded a draft resolution to the members regarding the return of grant monies to the state and federal government for adoption by CSAC. He can prepare the same resolution for Board approval or he could modifiy it. Supervisor Lemke stated he would like. three.:resolutions. One --. from Butte County:ao both state and federal legislators; one resolution for CSAC for their Resolution Committee hearing. He wants Butte County, to be the first in line. The third resolution would be for the Nine Northern California Supervisors Association. On motion of Supervisor Lemke;.. seconded by Supervisor Wheeler and unanimously carried, Resolution 81-45 regarding the return of grant monies to the state and federal goxernments'witha:cope-of resolution to~ be forwarded..<to state and :.federal legislators ,-.,;;_'was:adopted~and the Chairman authorized to sign; authorized County Counsel to prepare a resolution for CSAC Resolution Committee and a resolution prepared for adoption by the Nine Northern California Supervisors Association. REPORT TO THE BOARD: RE: PROBLEM OF EARL DECKER CONCERNTNG PARCEL MAP AND LAND CONSERVATION AGREEMENT Dan Blackstock, county counsel, reported to the Board regarding the Earl Decker problem concerning parcel map and Land Conservation Agreement,, Mr. Decker purchased property adjacent to his property. The seller wishes to retain a homesite under provisions of the recently adopted ordinance. He set out the procedure for applying first for a :use permit and then parcel map. An individual must own property before entering into the Land Conservation Agreement. Mr. Decker could have requested the seller to make application for the LCA. Mr. Blackstock did not feel the county procedures delayed Mr. Decker. Mr. Blackstock felt maybe the Board should instruct staff to inform everyone applying for applications they can be done simutaniously if they are willing to gamble that each project will be approved. This would involve a lot of fees which would not be refundable. He discussed with Mr. Recker the problem with engineering fees and having them represent them at hearing levels. Supervisor Dolan felt this was a unique situation and it would not happen again. Tt was possible if the Board had not referred the matter back it could have been accomplished earlier. Mr. Blackstock did not agree. Staff is required to accept appli- cations, even if the Applicant has been advised it cannot be approved. The laws have changed on the Williamson Act. An individual must file before December 15. There is nothing they can do about Mr. Decker's request fora new agreement. They have allowed amendments to the agreements if there were incorrect information given on original applications. REFERRED TO LAND CONSERVATION ACT~COMMITTEE PROTEST OF CHERRX ETAL Dan Blackstock, county counsel, reported to the Board the Cherry etal protest on the non-renewal of his land conservation agreements by the county. The matter had been recommended by the LCA 6ommittee because of what was happening in the area. He felt the matter could be referred back to the Committee for review. After it comes back and if Mr. Cherry is not happy with their report the Board can set it for hearing. There are no set procedures on this. The old Santos agreement could be rescinded and new agreements entered into. Page 104. February 2'4, 1981 February 2~+, 1981 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- The Cherry ete1:_ Land Conservation Agreemept non-renewal was referred to the Land Conservation Act Committee for a report back. 326 ', 327 ADOPT RESOLUTION 81-46 SETTING ELECTION ON REFERENDUM TO BE PLACED ON NOVEMBER 3. 1981 BALLOT Dan Blackstock, county counsel, stated he had sent the members a letter with his recommendation to set the matter of the Butte Creek Canyon rezone on the ballot in November. In his letter he made reference to communication received from Steward, Craig, Humpherys & Burchett law offices representing Baldwin Contracting Company, inc. On motion of Supervisor Dolan, seconded by Supervisor Saraceni and unanimously carried, Resolution 81-46 setting the referendum election for November 3, 1981 along with the Butte College Trustee election was adopted and the Chairman authorized to sign. CONTINUE TO MARCH 3, 1981 VARIOUS APPOINTME__ NTS ^ The following appointments were continued to March 3, 1981: 1. Appointment to Agricultural Advisory Commission, District 5 2. Appointment to Butte County Fair Board, District 5 3. Appointment to Air Pollution Control Hearing Board 4. Appointments to Mental Health Advisory Board 328 APPROVE APPOINTMENTS TO HANDICAPPED BUILDING CODE BOARD OF APPEALS Supervisor Dolan stated t~~w~s~important an individual who was mobily impazed be considered on the Board. Steve Musselman, analyst; has worked with Jim Glander. They felt there should be two from the building trade, one from p~sblic and two handicapped individuals. There was discussion regarding an alternate position for the handicapped. On motion of Supervisor Lemke, seconded by Supervisor Dolan and unanimously carried, the following appointments to the Handicapped Build- ing Code Board of Appeals were approved: Dan Cook Tom Edgar Anne Seymour Lou C. Crysler, Jr. 329 3301 331 Continued to March 3, 1981 the Handicapped Building Code Board of Appeals. APPROVE APPOINTMENT TO SUPERIOR CALIFORNIA WATER ASSOCIATION On motion of Supervisor Lemke, seconded by Supervisor Wheeler and unanimously carried, the appointment of Jack Madigan to the Superior California Water Association was approved. CONTINUE TO MARCH 10 1981 APPOINTMENTS TO DATA PROCESSING ESECUTIVE COMMITTEE Continued to March 10, 1981 appointments to the Data Processing 'Executive Committee. ACCEPTi3COMMENTS TO THE GRAND JURY/BOARD OF SUPERVISORS AUDIT REPORTS The Board accepted the comments to the Grand Jury/Board of Supervisors audit, RECESS: 9:53 a,m, RECONVENE: 10:12 a.m. Page 105. February 24, 1981 81- 332 a February 24, 1981 ADOPT RESOLUTION 81-47 - PUBLIC HEARING: EDGAR H. HEALD ABANDONMENT OF PUBLIC UTILITIES AND RECREATIONAL EASEMENT, PARADISE PINES COUNTRY CLUB. N0. 4, ITT 287 The public hearing on the Edgar H. Heald abandonment of public utilities and recreational easement, Paradise Pines Country Club No. 4, Lot 287 was held as advertised. Reference was made to the communication from Mr. Heald regarding the legal description involving the abandonment. Bettye Blair, planning director, set out the background on the. petition. There was a misunderstanding regarding the description. It is correct. Hearing open to the public. Appearing: No one. Hearing closed to 'the public and confined to the Board, 333 On motion of Supervisor Lemke, seconded by Supervisor Saraceni and unanimously carried, Resolution 81-47 on the Edgar Ii. Heald abandonment of public utilities and recreational easement, Paradise Pines Country Club No. 4, Lot 287 was adopted and the Chairman authorized to sign. ADOPT RESOLUTION 81-48 - PUBLIC HEARING: RICHARD CROWE ABANDONMENT OF PUBLIC UTILITIES AND RECREATIONAL EASEMENT. PARADISE PTNES UNIT l5. LOTS 58 AND 59 The public hearing on the Richard Crowe abandonment of public utilities and recreational easement, Paradise Pines Unit 15, Lots 5$ and 59 was held as advertised. Bettye Blair, planning director, stated the petition was in order. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. 334 On motion of Supervisor Lemke, seconded by Supervisor Saraceni and unanimously carried, Resolution 81-48 on the Richard Crowe abandonment of public utilities and recreational easement, Paradise Pines Unit 15, Lots 58 and 59 was adopted and the Chairman authorized to sign. Supervisor Lemke stated many property owners in the Paradise Pines area are non resident ownerso.,'This="makes it difficult to'.make::one big swoop of all the abandonments in the area. CONTINUE TO MARCH 3, 1981 AT 10:00 A.M. - PUBLIC HEARING: .70HN FREEMAN PROPOSED NEGATIVE DECLARATION AND APPEAL OF DENLAL OF TENTATIVE PARCEL MAP, AP 27-25-05, FOUR LOTS, PROPERTY LOCATED BETWEEN PALERMO HONCUT HIGHWAY AND CARMEL AVENUE SOUTH OF CRAIG AVENUE PALERMO AREA The public hearing on .john Freeman proposed negative declaration and appeal of denied tentative parcel map, AP 27-25-05, four lots, property located between Palermo Honcut Highway and Carmel Avenue, south of Craig Avenue, Palermo area was held as advertised. Chairman Moseley stated there was a memo from the Assistant Clexk to the Board regarding a continuance request from the engineer for one week, Supervisor Saraceni stated he was working with Mr. Evans, Mr. Vanhart and Mr, Freeman on the appeal. The original request was for four parcel split. There is a problem with soil conditions and septic tanks. 'Page 106. February 24, 1981 81-~ d 1 335 336 February 24, 1981 Hearing open to the public. Appearing: No one.J y 10:00 a.m. Hearing closed to the public and continued to March 3, 1981 at PUBLIC HEARING: WILLIAM E, STUVE APPEAL OF CONDITION N0. 10 ON TENTATIVE PARCEL MAP, AP 42-03-03, THREE. LOTS,. PROPERTY LOCATED ON THE SOUTH SIDE OF The public hearing on the William E. Stuve appeal of Condition No. 10 (provide permanent solution to drainage) on tentative parcel map, AP 42-03-03, three lots, property located on the south side of Be11 Road, approximately 460 feet west of Cussick Avenue, Chico area was held as advertised. Clay ©astleberry, public works director, set out the background and location, of the appeal. He recommended that they not uphold the appeal until. they have an answer to drainage in the area. This is the third or fourth map in the area appealing this condition. Subject property is 800 feet from any storm drainage facitity. He feels there will be a lot of one acre parcels coming forward. They are not addressing it. The Board waived this requirement each time and .said we would think about it later. His recommendation is that they not have the.: developers condition waived. He felt the only way there could be an answer is from the people. One person like this developer cannot do it alone. This one project would not create a problem. He hopes in the future there will be a sphere of cooper- ation. 7.he county cannot put it in. Mr. Castleberry stated the Shasta Drainage District is east and uphill from this project. There are a lot of slopes in the area. After this project there should be no more developments. They should be told to form a committee. Hearing open to the public. Appearing: 1. E11is Ro11s, Chico. Mr. Rolls stated Mr. Castleberry had described the situation. It would be financially impossible for this one developer to install this and they would appreciate the Boards consideration, Mr. Stuve did not object to the formation of a district in the area. Supervisor Dolan pointed out Mr. Stuve would not be the owner in the future. Mr. Castleberry stated the Board should recognize the problem and possibly stop every four months to look at the issue. He felt the buyers should be notified to apply for a district. Hearing closed to the public and confined to the Board. On motion of Supervisor Lemke, seconded by Supervisor Saracens and carried, the appeal of William E, Stuve on Condition No. 10 (provide permanent solution to drainage) on tentative parcel map, AP 42-03-03, three lots, property located on the south side of Bell Road, approximately 460 feet west of Cussick Avenue, Chico area was~~uphesld. AYES: Supervisors Lemke, Saracens, Wheeler and Chairman Moseley NOES: Supervisor Dolan COMMUNICATIONS David D. Mackey, Oroville. Mr. Mackey writes appealing the Planning Commission's recommendation concerning the rezone of his property. in the Lake Wyandotte area. Handled earlier in the meeting. Page 107. February 24, 1981 February 24, 1981 Edgar H. Heald, Magalia. Mr. Heald writes with regard to the legal descript- ion involving the abandonment of his easements which ,is scheduled for public hearing. Handled earlier in the meeting. State TV Cable, Chico. The firm writes advising that cable television service rates and charges will be increased by 7.14%, effective .March 1, 1981. Information; no action taken. Butte Canyon rezone. Several letters have been received in support of repealing the rezone, but if necessary, that the issue be submitted to the voters on the November ballot. Information; see>moti~on earlier in the meeting. Law Offices of Stewart, Craig, Humpherys & Burchett. The attorneys, on behalf of Baldwin Contracting Company, Inc., write advising that it is their belief the referendum petition was not filed within the time permitted by law. Considered earlier in the meeting. Oroville Board of Realtors. The board writes offering their services in fact finding for items relating to development, redevelopment, planning, etc. Information; no action taken. Butte County Emergency Medical Services Committee. The committee writes recommending that the Board not support the structure of the' Northern California Emergency Medical Care Council Board to exclude emergency medical care representatives from membership. InfOTQlatiOn; meeting to be held March 18, 1981 and a recommendation to come forward later. Butte County Farm Bureau. The bureau writes forwarding its resolution opposing the licensing of the Northern California Power Agency to operate PG&E's Rock Creek and Cresta power projects (Federal Energy Regulatory Commission license project ~~1962), Information; no action taken, Paradise Ambulance Service. The firm writes forwarding information concerning the county's report with regard to the ambulance service contract. Information; no action taken. State Department of Youth Authority. The department writes forwarding infor- mation concerning the work::done:in.fighting:fires-and;helping to control floods by Youth Authority wards in conservation camps. Information; no action taken. State Mining and Geology Board. The board writes £orwarding information concerning certification procedures for surface mining and recla- mation ordinances. Discussion; no action taken. Department of Housing and Urban Development. The department writes advising that the Housing Opportunities Strategy prepared and submitted for Butte County has been approved. Information; no action taken. 337 ~ONTINUR~TO MARCH 10, 1981 AT 10:15 A.M. - PUBLIC HEARING: WILLIAM EVERT/ EVER-GLO, INC. DRAFT ENVIRONMENTAL IMPACT REPORT AND APPEAL OF DENIED REZONE FROM "R-1" (SINGLE-FAMILY RESIDINTIAL) AND "R-3" (MEDIUM DENSITY RESIDENTIAL) TO "PA-C" (PLANNID AREA CLUSTER), PROPERTY LOCATED NORTH OF TOM FOLK AVENUE, 50UTH OF LASSEN AVENUE AND WEST OF EL PASO WAY, IDENTIFIID AS AP 44~-27.-67 The public hearing on the William Evert/Ever-Glo, Inc., draft environmental impact report and appeal of denied rezone from "R-1" (single- . `Page 108. February 24, 1981 81= 3 r _ _ February 24, _19_81 _ _ _ _ _ _ _ _ _ amily residential) and "R-3" (medium density residential)^to "PA-C" {planned rea cluster), .property-located north of Tom Polk Avenue, south of Lassen venue and west of El Paso Way, identified as AP 44-21-67 and 68, Chico was eld as advertised. Bettye Blair, planning director, set out the background on the appeal. Several maps had been placed on the board for-viewing. One map indicated the modifications of the Planning Commission recommendations. !Conditions of approval have been xeviewed by the developer. The Board 'has copies of minutes, staff findings and revised staff findings. Hearing open to the public. Appearing: 1. Russ Croninger, engineer, representing applicants. The appeal is for a 60 foot wide easement going down Lassen Avenue to construct a revised Public Works standard 2-way road. Under the PA-C they would utiii.ze private roadway. The entrance on Lassen Avenue at Tom Polk is not the type that a street intersection would be constructed safely. He felt the 24-foot private road would be best. It would reduce speed. This project is similar to the Drake projects and ones completed in 0rovi1le. The problem at the Planning Commission meeting was dealing with the private road. There would be deeded easement for future widening when deemed necessary by Public Works for a full fledged road. He felt if the road was widened there would be a more serious traffic problem. Supervisor Lemke felt there would be a problem even-with the 24 foot roadway. They were assuming because it is bf small 'design~an8 not a through strret with speed bumps,~t will not'•be'vsed heavily. Supervisor Wheeler felt the property owners were assuming a lot of liability by using the speed bumps. They will have to maintain the roadways. Mr. Croninger stated there would be a homeowners association. Mr. Croninger read from Soard of Supervisors minutes regarding the closure of E1 Paso Way. He had come in at that time for clarification. He felt there was clarification it should be a through road. Recommendations came back to the Board but there was no mention of a 60 foot road on Tom Polk. There was discussion of a frontage road. Supervisor Wheeler stated it was-very clear to her that the Board did accept the recommendations. If a project did occur in the area the developer would assist to aleviate the traffic in the area. She felt-'°.-: Tom Polk would be a public roadway and would be put to the standard 60 foot width. They had told the property owners in the area this. She is on record supporting that whether it is written or not. Mr. Croninger questioned if that was Board policy why during the three Planning Commission meetings did this fact not come up, They only addressed density, circulation and dealt with the 60 foot road, He reapplied in July. It should have been put on as a condition. Ms. Blair stated the minutes-that were being referred to is that they were asked to redesign the project to low density, no more than four. Staff was supportive of increased density with a circulation pattern. At the first hearing they were asked to go back and work on this. There is currently "R-1" and "R-3" on the frontage of Lassen Avenue. Mr. Croninger stated the subject property is divided by the Sphere of Influence of the City of Chico. City density requirement is 1-6 and the county is 1-4. They compromised with 6.5. Page 109. February 24,.1981 February 24, 1981 81= Supervisor Lemke stated if there was a solution to the circulation ~ attern, he would have no problem. He felt the solution was an off ramp at Lassen Avenue. Clay Castleberay, public works director, stated considering the fact Caltrans is not planning to fund the Gianelli Bridge problem he-did not feel there was a possibility of funding for off ramps. He agreed ', there is traffic problems in the area. He felt the Board had wanted Tom ', Polk to be a through road to Lassen Avenue. The off ramp at 20th Street ', in Chico was financed by one large property owner in the area. ', Mr. Croninger had talked with Senator Johnson and he indicated until there was funds coming from these areas there would be na future plans for development. He had held meetings with people in the proposed project area and they were agreeable to the speed bumps to decrease speed. 2, Gary Richey, Tom Polk Avenue. Mr. Richey was not aware of the 60 foot wide roadway requirement and he had attended the previous hearings. The biggest concern of owners in the area is traffic. He felt the first responsibility was for safety of the people. 'He felt the most obvious answer was the off ramp at Lassen Avenue. They support the project as planned as a private road with traffic coming =; out on Tom Polk Avenue. 3. Robert McReynolds ; E1 Paso Way. Mr. McReynolds is against any development or change in zoning that doesnat provide-for a private street from Lassen Avenue to Tom Polk to East Avenue. 4. Eric Lehman, Panama Avenue. Mr. Lehman has lived in the area for 11 years. They .fought. for the "R-1" zoning. He would like to see an off ramp installed. He would like to see the entrance to the mobile home park on White Avenue opened. He felt the frontage road would eliminate businesses... 5. Henry Curtis, E1 Paso Way. Mr. Curtis felt they should put the road through and construct any off ramp. He-would rather have single family residents in the area. Mr. Croninger stated the 24 foot wide road did not fit the General Plan. They did reduce the density, They went along with the peoples choice for a private road. He felt if Tom Polk was going to be a 60 foot easement, the density should go back to eight. Hearing closed to the public and confined to the Board. Supervisor Wheeler stated she could not make a decision on this project today. She would like to address the density and research the minutes of prior meetings before making a decision. She asked that the matter be continued for two weeks, Zf the density of the project increases or decreases she felt it should be open to the public to respond. Hearing open to the public and continued to March 10, 1981 at 10:15 a.m. Supervisor Wheelers.stated she would meet with the people in the area, Mr. Richey and Mr. Lehman to discuss the matter with Caltrans. Ms. Blair stated her staff would supply the members with copies of the maps which had been posted regarding the changes. RECESS: 11:28 a.m. RECOI3VENE: 11:38 a.m. °Page 110. February 24, 1981 February 24, 1981 8L= 338 PPEARANCE: WESLEY GILSERT {~ Wesley Gilbert, McCain & Associates, spoke regarding an appeal of a condition on a project in Durham. Mr. Gilbert was advised to send a written appeal to the Board. 339 APPEARANCE: TROY AMBROSE Troy Ambrose, Carriage Manor, spoke regarding conditions which had been imposed on his project and he had complied. A developer, Mr. Lou ', Pratt, on the south. side of.his_project:.was_not fequired."to_devehop'the second half of the road. It is causing problems and he concerned about. the safety factor. Clay Castleberry, public works director, set out the background. He and Supervisor Saraceni plan to visit the site. They will report back to the Board. 340 AUTHORIZE PERSONNEL DIRECTOR TO UTILIZE THEIR TRAINING_F ROOM AT NOON AND AFTER WORK HOURS TO HOLD DEFERRED COMPENSATION .PLAN ORIENTATIONS On motion of Supervisor Lemke, seconded by Supervisor Saraceni and unanimously carried, Personnel Director's request fox employees to be permitted to attend orientation regarding Defezrad Compensation Plan on their own time during lunch=.°.hours or after work in the Personnel Training Ronm was approved. 341 342 343 344 Clarence Keddy, Carriage Manor, questioned if any of the residents could confer with Mr. Castleberry and Supervisor. Saraceni when they visit the Carriage Manor site discussed earlier. the site. Supervisor Saraceni to contact Mr. Keddy after he has visited REFER TO PLANNING COMMISSION REQUEST_FOR INTERIM ZONE Sharlene Aughe was requesting an interim zone from "AR" to "ARMH" on Upper Palermo Road. Referred to P3anning Department for report back on March 3, 1981. APPEARANCE: PAM BOWEN RAPE CRISIS Pam Bowen, Rape Crisis, spoke requesting funding from the Board. The Sheriff is planning to request in his budget the $7,000 which they no longer receive under CCCJ funding. The item to be considered at budget time. Discussion-was held regarding the procedures to be used this year at budget time. C1if Mickelson, administrative officer, stated last year the departments were instructed to prepare 100 percent, 75 percent and 50 percent budgets. Most ,department heads did not bring their needs forward to the Board. They have been instructed to prepare budgets and his office will recommend reductions. They will have a chance to appear before the Board. He felt this year the problems would be more severe. Last year a lot of serious needs were not addressed. Chairman Moseley stated she felt last year the only department to really drastically reduce was Public Works. Page 111. February 24, 1981 _ February 24, 1981 Supervisor Lemke stated last year he did not get comfortable with the budget. If the county has so much money and that is the end of it. Mr. Mickelson stated there is a possibility of a tax shift in school property taxes. Until the state adopts their budget it is difficult to know how much revenue the county will receive. 345 346 347 348 RECOGNITION OF DAN ADAMS - KHSL-TV Supervisor Wheeler presented a certificate to ban Adams of RHSL-TV for being an outstanding newsman. Mr. Adams is to leave the area after three years. ADDITIONAL CORRESPONDENCE A letter from Mr. & Mrs. Robert Heimann,~~Chico'";regarding the green line discussed at Planning Commission hearing in Chico la-sE~week. Copy to be forwarded to Planning Department for information. A letter from Don Brooks Smith regarding research by the City of Chico. Referred to Administrative Officer. GOUNTY COUNSEL TO PREPARE ORDINANCE PROPOSAL REGARDING TAA RELIEF DUE TO DAMAGES CAUSED TO PROPERTY.' _,,,_;., Supervisor Dolan asked if County Counsel could bring back a ordinance proposal for relief of property which has been damaged. People can apply for property tax relief within b0 days but many people are not aware of this. She would like an allowance whereby the b0 days could be waived. ADMINISTRATIVE OFFICE TO PREPARE REPORT REGARDING INDIVIDUALS BEING PAROLED INTO BUTTE COUNTY Supervisor Wheeler stated people in law enforcement are very concerned regarding the number of individuals being paroled into Butte County. There has been an increase in crime. How many are being paroled by the Board of Corrections and the:You.~h Authority. At one time there was a program at CSU-Chico for rehabilitation of individuals. If there is an excessive amount, what can be done. The cities should be contacted. Supervisor Lemke stated they could check to see how many paroled are put back into jail or how many picked up are on parole. Administration Office to prepare a report. 349 3501 ADDITIONAL ITEM BY BOARD MEMBERS Chairman Moseley would like the information regarding placement of newly hired deputies to be passed on to deguties on duty. Clif Mickelson, administrative officer, stated some of the deputy positions approved have not been hired. Mr. Stenberg stated he felt they would have to live with the fact there was no more. funding for the balance requested. The Personnel Director has not been advised to not forward any additional ordinances for the balance of the positions. DISCUSSIONS CONTRACT AMENDMENT WITH SCT Dan Blackstock, county counsel, stated he had received the contract amendment from SCT with minor changes. He set out the changes on pages l and 3, ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 12:20 p.m. to reconvene on Tuesday, March 3, 1981 at 9:00 a.m. Page 112. February 24, 1981 81- b February 24, 1981 ATTEST: CLARK A. NELSON, COUNTY CLERK-RECORDER and ex-officio Clerk of the Board of Supervisors Chairman, Board of Sup isors By Page 113. February 24, 1981