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HomeMy WebLinkAboutM030480March 4, 1980 STATE OF CALIFORNIA ) ! ) SS. COUNTY OF BUTTE ) 80- The Board of Supervisors met at 9:39 a.m. pursuant to adjournment. ~ Present:- Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke. Clif Mickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board. Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Moseley 327 PROVAL OF MINUTES On motion of Supervisor Dolan, seconded by Supervisor Wheeler d unanimously carried, the minutes of February 19 and February 26, 1980 ere approved as mailed. 328 PROVE MERIT INCREASE - VETERAN'S SERVICE OFFICER On motion of Supervisor Moseley, seconded by Supervisor Dolan nd unanimously carried, the merit increase for the Veteran's Service fficer effective February 16, 1980, advancing from step C to step D at ange 21.0 was approved. 329 UTHORIZE ADMINISTRATIVE OFFICER TO NEGOTIATE AND ACQUIRE LOWER LIMIT ETA LIABTLITX INSURANCE POLICY On motion of Supervisor Wheeler, seconded by Supervisor Dolan nd unanimously carried, the Administrative Officer was authorized to egotiate and acquire the lower limit policy for CETA liability insurance ith funding to be 100% by CETA. 330 APPROVE ANNUAL TITLE VII PLAN FOR FY 80 -- CETA PRIVATE SECTOR INITIATIVE PROGRAM It was moved by Supervisor Moseley, seconded by Supervisor Dolan that the annual Title VII plan for FY 80 for CETA Private Sector Initiative Program be approved and the Chairman authorized to sign. Discussion of the annual plan and the labor market statistics held at this time. Jim Rackerby, personnel director, stated that the statistics collected by EDD on labor market actuaries are taken from samples. The validity of the statistics have been questioned by CETAC. They axe talking about hiring the University Small Business Foundation to inventory businesses in addition to the Chamber of Commerce. This would give a base of jobs, qualifications needed for the jobs, salaries and where can industry best use CETA training programs. Mr. Rackerby set out where EDD get their statistics from. The report has improved over the last couple of years for Butte County because of CETAC. They do not use the survey for their aurnoses. Supervisor Winston felt that this was meant to get CETA onnel into the private sector. The Board is pursuing changes to the ates that the county have a Private Sector Initiative (PIC) Council. Vote omr.motion: AYES: Supervisors Dolan, Moseley, Wheeler, 'arid-ChairmanLemke NOES: Supervisor Winston Motion carried. Page 248. March 4, 1980 March 4, 1980 80 ' 331 WAIVE FIRST READING OF SALARY ORDINANCE AMENDMENT b On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, the first reading of the salary ordinance amendment implementing the personnel changes in CETA administration necessary under the Title VII plan was waived. 332 AUTHORIZE ESTABLISHMENT OF WORK ORDER - MEMORIAL WAY BUILDING REMOAEL On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, establishment of work order for the remodel of the 196 Memorial Way building for the offices of Agricultural Commissioner, Weights and Measures, Veteran's Service, Building Inspection and Environmental Health with the estimated cost being $6,420 which comes within the budgetary appropriate established in the budget for miscellaneous county office remodels was authorized. 333 AUTHORIZE PURCHASE OF TRANSCRIPTION E UIPMENT - AUDITOR/CONTROLLER On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the purchase of a combination recorder-transcriber at an estimated cost of $160 with funding coming from savings in office's equipment account was authorized. 334 APPROVE AGREEMENT WITH CALIFORNIA STATE UNIVERSITY, CHICO TO PROVIDE RESERVE DEPUTY SHERIFFS On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, the agreement with California State University Chico (CSUC) to provide reserve deputy sheriffs to the university for actual cost in an amount not to exceed $1,000 per year far the period from July 1, 1480 through June 30, 1983 was approved and the Sheriff authorized to sign. 335 APPROVE BCAG COOPERATIVE AGREEMENT AMENDMENT On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, the BCAG cooperative agreement amendment to recognize the Town of Paradise as a regular BCAG member was approved and the Chairman authorized to sign. 336 REPORT ON SALE OF PARADISE DUMP SITE PROPERTY - ADMINISTRATIVE OFFICER TO SEND INFORMATION TO PROPERTY OWNERS RE: BID PROCESS The Administrative Officer reported on the sale of the Paradise dump site property at this time. Dan Blackstock, county counsel, advised the Board that this property must go as a competitive bid package. If the Bnard makes the requirement that they merge with the other parcels, they have lost the ability to have a competitive bid. They do not know whether all the surrounding property want that other property. He suggested that the information on the assessed valuation be sent to the property owners and see if they would like to split up the bid. The Board could then take care of that property that borders other property and put the remainder of the property out for bid. This is one way to do fit and avoid filing a subdivision map. He did feel that the county should have a subdivision map and public report if they were going to split the property. Clif Mickelson, administrative officer, suggested that the Board have the entire property be placed on a bid package and let the new owner warty about division of the property. The Administrative Office to contact the property owners and send them the information available on this property and avsie them of the bid process. Page .249. March 4, 1980 March 4, 1980 80- 337 APPROVE BUDGET TRANSFERS $ On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the following budget transfers were approved: B-97 - Manpower Administration. Establishes an additional appropriation in order to support expansion of the Manpower administrative staff, increased rent and memberships and cost of security fencing at the Public Works yard as follows: communications, $2,500; memberships, $b71; office expense, $b,000; rent - structures, $1,738; fixed assets - structures, inspection and grounds, $1,800; equipment, $3,000; salaries and wages, $3b,39b; and employee benefits, $12,190. Total amount of the transfer is $64,295 with funding coming from unanticipated revenue. B-98 - Planning - General. Transfers $lb5 from publications and legal notices within the Planning Department to a similar budgetary line item in Planning/BCAG. This is to cover costs of required notices of public hearings fo€. the Butte County Association of Governments. B-100 - Air Pollution. Establishes an additional appropriation for salaries and wages, $6,490 and employee benefits, $3,082. to cover the cost of a CETA employee transition which was approved by the Board of Supervisors with funding coming from the county contribution (unanticipated revenue). Vote on budget transfer B-97: AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke NOES: Supervisor Winston Vote on budget transfers B-98 and B-100: AXES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke NOES: None Motion carried. PUBLIC HEARING DATE SET A public hearing date of March 25, 1980 at 10:00 a.m. was set for consideration of Joe K. Mays getition for variance to sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 65-07-1, Star Route De Sabla, Magalia area. Zoning: "TM-5" 339 APPROVE PUBLIC IdEALTH ITEMS On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, the following Public Health items were approved: 1. Thomas L. Brack renewal of variance to sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 50-01-3-006, 7323 Pentz Road, Paradise area. Zoning: "A-2" 2. Kenneth L. Craft renewal of variance to sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 55-24-14, 5114 South Edgewood, Paradise area. 3. Richard L. Gregg renewal of variance to sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 21-23-22, Evans-Reimer Road, Route 2, Box 412, Gridley area. RECESS: 9:55 a.m. RECONVENE: 10:05 a.m. Page 250. March 4, 1980 80- 340 __ March 4, 1980 _ ___ ____ __ - - _ _ _ _ _ - ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ W - - - - - - ~punvF REVENUE SHARING FUNDING REQUESTS - VOLUNTEER FIRE DEPARTMENTS Discussion of making-revenue at this time. request appropriations The revenue sharing funding requests are for the DeSabla Volunteer Fire Department, Stirling City Volunteer Fire Department, Richvale Volunteer Fire Department and Pioneer Volunteer Fire Department. Artis Sanders, assistant fire chief, Stirling City Volunteer Fire Department stated that they have $7,300 of their own. They would still like to have the $13,500 in revenue sharing for the firehouse as they are in need of a transmission for their fire engine which would take the $7,300. Chairman Lemke advised that the total fun ding would be $84,000. is would make a $84,000 shortage more than the anticipated shoxhage will Chairman Lemke felt that if the Board were to fund the volunteer re departments at this time, it might help if there are cuts that have be made to the County Fire Department. Arlen Cartwright, fire warden, in agreement with this thought. Supervisor Winston stated that as long as the Board realized implications of allocating the $84,000, he agreed. On motion of Supervisor Winston, seconded by Chairman Lemke unanimously carried, revenue sharing allocations were made as ows for a total of $84,000: Stirling City Volunteer Fire Department Building materials for new fire house, with property donated and labor will be provided $ 13,500 DeSabla Volunteer Fire Department Cost of building materials to construct a new garage 16,500 Richvale Volunteer Fire Department One-ton pickup truck for medical aid assistance. 10,000 DeSabla Volunteer Fire Department Fire truck and equipment 40,000 Pioneer Volunteer Fire Company 4,000 Total `x'.84,000 34~. Supervisor Moseley stated that Biggs and Durham had requests also £or revenue sharing funds, This would be an additional $10,000. The Board would be happy to consider the requests of Biggs and Durham Volunteer Fire Departments when the requests are presented. ADOPT RESOLUTION 80-41: PUBLIC HEARING: W. P. ROGERS - ABANDONMENT OF PUBLIC UTILITIES EASEMENT, PARADISE PINES, UNIT 12, LOT 96 The public hearing on W. P. Rogers abandonment of public utilities easement, Paradise Pines, Unit 12, Lot 96 was held as advertised. Bettye Blair, planning director, set out the background of the abandonment. It is in order. Page 251. March'4, 1980 80- a /-- March 4, 1980 _ _ _ Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, the abandonment of public utilities easement, Paradise Pines Unit L2, Lot 96 for W. P. Rogers was approved; Resolution 80-41 was adopted and the Chairman authorized to sign. PUBLIC HEARING: CHESTER WALLING - PETITION FOR VARIANCE TO SECTIONS 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME ON AP 26-4-3, 6755 IRWIN AVENUE, PALERMO AREA. ZONING: "A-2" 342 The public hearing on Chester Walling petition for variance to sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 26-4-3, 6755 Irwin Avenue, Palermo area, zoning: "A-2" was held as advertised. Lynn Vanhart, environmental health director, set out the background of the petition. It is in order. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Moseley, seconded by Supervisor [theeler and unanimously carried, the petition for variance to sections 19-LO and/or 19-12 of the Butte County Code for placement of a mobile home on AP 26-4-3, 6755 Irwin Avenue, Palermo area, zoning: "A-2" for Chester Walling was approved for a period of one year. PUBLIC HEARING: NOTICE OF INTENTION TO ABANDON THE DURHAM CEMETERY AND DEDICATE IT AS A PIONEER MEMORIAL PARK - CONTINUED TO APRIL 15, 1980 343 The public hearing on the notice of intention to abandon the Durham Cemetery and dedicate it as a Pioneer Memorial Park was held as continued. The District Attorney to be asked for an interim report on this matter next week. Hearing open to the public. Appearing: Louis Camenzind, Jr. Mr. Camenzind felt that the Board should consider putting a "P-Q" zoning on this property and resolve the matter. The hearing was continued to April 15, 1980 at 10:00 a.m. APPROVE PUBLIC WORKS ITEMS On motion of Supervisor Winston, ,seconded by Supervisor Dolan and unanimously carried, the following Public Works items were approved: 3.44 1. Approved right-of-way acquisition, agreement for sale, Lower Wyandotte Road, 23511-79-1 for the following person; authorized the Chairman to sign and authorized the Auditor to issue a warrant upon demand of the county's escrow agent: Ted Hubbard et al 0.66 acre $1,500 Imgr. $1,800 Total $3,300 2. Approved agreement for exchange of real property with James E. Markwith for Lower Wyandotte Road, Project 23511-79-I, parcel 3 and authorized the Chairman to sign. Page 252. Mardi 4, 1980 80- 3 345 34fr _ March 4, 1980 __ ______ _______ • - _ _ _ _ _ - _ _ _ _ W - - - - - - - - - - - - - - - ~ - - - - 3. Approved the Woodcrest PA-C final subdivision map, 52 units (plus common area), AP 42-07-24, 152 and 151 (portion), southeast corner of Cussick and Henshaw Avenues, Chico; accepted the easement for gublic utility purposes (including water, sewer, drainage, electric, gas and communication facilities), and authorized the Chairman to sign the subdivision agreement. AUTHORI2ATTON FOR RELOCATION OF POWER POLES ON VALINE LANE - MEYERS STREET ASSESSMENT DISTRICT - TAKEN OFF AGENDA Consideration for the authorization for relocation of power poles on Valine Lane for Meyers Street Assessment District was taken off the agenda. CLOSED PUBLIC HEARING: FLOYD F: SANNAR - APPEAL OF CONDITION 910 AND WALTER G. LTTTLE, ET AL - APPEAL OF PROPOSED NEGATIVE DECLARATION AND TENTATIVE SUBDIVISION MAP APPROVED BY THE ADVISORY AGENCY FOR THE WEST LIBERTY ESTATES SUBDIVISION, ELEVEN LOTS, AP 21-131-17 & 18, NORTHEAST CORNER INTERSECTION OF LEWIS OAK ROAD AND WEST LIBERTY ROAD GRIDLEY AREA The closed hearing on Floyd F. Sannar appeal of condition X610 and Walter G. Little, et al appeal of negative declaration and tentative subdivision map, approved by the Advisory Agency for the West Liberty Estates Subdivision eleven lots, AP 21-131-17 and 18, northeast corner intersection of Lewis Oaks Road and West Liberty Road, Gridley area was held at this time. On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, 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 who commented has been attached to the draft environmental impact report, the final environmental impact report was certified as having been completed in compliance with the California Environmental Quality Act, the State Environmental Review Guidelines and the Butte County Environ- mental Review Guidelines. Tt was moved by Supervisor Moseley, seconded by Supervisor Wheeler that having reviewed and considered the final environmental impact report and having observed the project site and surrounding area, the following findings were made: 1. Development which occurs pursuant to project approval is not anticipated to result in significant effects on the environment because of the following factors which. were taken into account in arriving at a decision: a. The project is relatively small in size and. low in density, consisting of eleven residential lots developed from a 19-acre parcel. b. The project is within an area presently designated for urban residential use on the diagram of the Land Use Element of the Butte County General Plan. c. The area is already urbanized to a degree, since the maps in the environmental impact report indicate approximately 50 houses are presently located within 1/2 mile of the project site. d. Although this project may result in minor hinderances to agricultural operations in the area, agricultural production can still continue by utilizing less toxic pesticides, ground spray equipment and careful cultural practices to mi;inize conflict with adjoining residences. Page 253. ' March 4, 1980 ~, 80~ a _ March 4, 198_0 _ - _ _ _ 2. The project is in conformance with all elements of the Butte County General Plan. This type project is referred to in policy h. on page 30 of the Land Use Element which suggests "consideration for non- ~ricultural use areas where urban encroachment has made in-roads into agricultural areas and where past official actions have planned areas for development." This policy is applicable because of the present residential, designation of the map of the Land Use Element and because of the number of residences already in the vicinity. Further, the Butte County General Plan Open Space Element on page 14.5 proposed designating agricultural land for agricultural use only "outside designated urban areas." The project site conforms to the "site designation criteria" and the "Conditional Zoning and Development Criteria" stipulated for "Agricultural Residential" areas as set forth on page 48 of the Land Use Element. having made the above finding, the West Liberty Estates Subdivision, eleven lots, AP 21-131-17 and 18, northeast corner intersection o£ Lewis Oak Road and West Liberty Road, Gridley area be.~ approved subject to the following conditions: 1. Provide a location for wells and a 100-f t. leachfiled-free setback around each location for each parcel. 2. Show a 25-ft. sewage disposal setback from the irrigation pipe on Parcels 6, 10 and 11. 3. Show a 30-f t. sewage disposal setback from the irrigation ditch on Parcels 1 and 11. 4. The wells must be placed so that one-fourth of the setback is on each parcel. 5. The applicant apply for and diligently pursue a single family zone. 6. Submit road and drainage plans to the Department of Public Works for approval and install the required facilities. 7. Provide 20-ft. radius property line returns at all street inter- sections. 8. Indicate a 50-f t. building setback line from the centerline o£ Lewis Oak Road and West Liberty Road. 9. Deed 30-ft. from the centerline of Lewis Oak Road and west Liberty Road to the County of Butte. L0. Provide monumentation as required by the Department of Public Works in accordance with accepted standards. L1. Street grades and other features shall comply with the Butte County Ordinances, design resolution and other accepted engineering standards. L2. Provide permanent solution for drainage. 13. All easements of record to be shown on the final map. 14. Street lighting shall be provided in accordance with Butte County requirements accepted design criteria and recommendations of PG&E. 15. Pay off assessments. Page 254. March 4, 1980 80- b March 4, 1980 Discussion of the motion held at this time. Supervisor Dolan stated that she could not support the motion. She felt that the EIR had been completed with the public comments. She was convinced that the project was a significant intrusion into agricultural land. The Planning Director's report advises the Board that this area is being studied by a group of citizens. This project is in conflict with that study. Supervisor Winston stated that for ten years there has been an attempt to get the people in the area to zone the area. The people sat in the "A-2" zoning leaving their options open. He hoped that the people would instigate zoning for the area. Supervisor Moseley stated that the Board insisted on an EIR when staff had recommended a negative declaration. It was brought out in the EIR that this land was not that good for agriculture. Supervisor Wheeler stated that there was reference to intrusion on agricultural land in the valley. When the Board was considering Valley View Subdivision in the foothills there was talk of intrusion into agricul- turalland. She wondered if this was the case, where were they going to be able to put the people moving into the area. Supervisor Dolan stated that the urban designation calls for a holding capacity for the predictions of the population increase. Vote on the motion: AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisor Dolan Motion carried. 347 PUBLIC HEARING: CRAIG-MOORETOWN RIDGE AREA - DRAFT EIR AND REZONE FROM "A-2" (GENERAL) TO "R-C" (RESOURCE CONSERPATION), "P-Q" (PUBLIC - QUASI PUBLIC), "C-1" (LIGHT COMMERCIAL), "H-C" (HIGHWAY COMMERCIAL), "C-F" (COMMERCIAL FOREST), "FR-2," "FR-5," "FR-10," "FR-20," "FR-40" & "FR 160" (FOOTHILL RECREATIONAL - 2, 5, 10, 20, 40 & 160 ACRE PARCELS) FOR THE AREA LOCATED BETWEEN THE SOUTH FORK AND THE MIDDLE FORK OF LAKE OROVILLE AND WEST OF THE TOWN OF FEATHER FALLS - ADOPT ORDINANCE 2081 The public hearing on Craig-Mooretown Ridge area draft environ- mental impact report and rezone from "A-2" (general) to "R-C" (resource conservation), "P-Q" (public - quasi public), "C-1" (light commercial), "H-C" (highway commercial), "C-F" (commercial forest), "FR-2," "FR-5," "FR-10," "FR-20," "FR-40" and "FR-160" (foothill recreational - 2, 5, 10, 20,40 and 160 acre parcels) £or the area located between the South Fork and the Middle Fork of Lake Oroville and west of the town of Feather Fa11s was held as continued. SUPERVISOR WHEELER ABSENT AT THIS TIME. Bettye Blair, planning director, set out the background of the rezone. There is a map posted on the Board. TheA:Board has an exhibit presented to them. The Board has received copies of past minutes. Mr. Shipley is requesting a five acre minimum instead of a twenty acre minimum. This application is in Section 29. The twenty acre minimum was made because of topography and surrounding parcel sizes. Earl Nelson, environmental review director, set out the background of the EIR. The original proposal was for 2,000 new,~:parcels. The potential is now 150 to 170 new parcels over the 613 existing parcels. Page 255. March. 4, 1980 80- b March 4, 1980 f Hearing open to the public. Appearing: 1. Richard Shipley. Mr. Shipley submitted two maps at this time. )ne map sets out the proposed zoning of the area and the other map is a copy of the parcel map he has been working on. He was told at the Planning Department.that the plan would allow for one acre minimum parcel size. He designed his project for five acre parcels. He has met the requirements of the various agencies involved. The EIR shows that the property should be included in the five acre minimum zoning. He read from the EIR at this time. His property is ridgetop and qualifies for five acre minimum. His property shows six feet of soil for percolation. The response time for the fire engines is within the limit. He would be improving the existing road and the entrance to bumpkin Road. He felt that this project was consistent with the existing land use in the area. Ms. Blair stated that theix records show that Mr. Shipley was advised that the Planning Commission was considering twenty acre parcels for his property. Mr. Shipley stated that the property was in "A-2" zoning when he started his project. It still is in "A-2" zoning. There are a number of non-conforming parcels if the twenty acre minimum is approved. There is "FR-2" zoning proposed for the property adjoining his property. The "FR-5" zoning is 300 feet from his property. 2. Byron Larson, El Cerrito. Mr. Larson stated that he had also asked £or five acre parcel size. He understood that the five acre zoning had not been considered for his property. Mr. Larson submitted three letters that he has submitted regarding this matter. One of the letters is signed by Conrad Springer and himself asking for the five acre minimum size. He made a presentation at the last hearing. The proposal originally filed by CMR was for two acre lots. He had said that he would be satisfied with five acre parcels. He had hoped that the problem on his property would have been taken care of. He hoped that consideration could be given to his parcel, and the property of Mr. Springer, Mr. Houghton, Mr. Denny and Mr. Taylor. RECESS: 11:04 a.m. RECONVENE: 11:10 a.m. Chairman Lemke stated that the reason Supervisor Wheeler was not present at this hearing was that her family owned property in the area. 3. Ren Brown. Mr. Brown stated that he owned AP 71-15-18 & 19. Mr. Brown submitted a letter at this time. He requested that his property be zoned commercial. The property:i.is proposed for "FR 5" zoning. He would like to have "C-2" zoning. 4. Judy Wheeler. Ms. Wheeler hoped that the Board would approve the zoning as presented. 5. Louis Camenziri.d, Jr. Mr. Camenzind spoke regarding the zoning proposal for the 40 to 160 acre parcels. He felt the lands had originally beex~ailroad land and were subject to staking because of the mineral rights. The staking can be done on twenty acre cladms. He wondered how a person could get a twenty acre claim with the 40 to 160 acre parcels sizes. 6. Leslie Steidl. Ms. Steidl stated that the current zoning proposal had been arrived at through a lengthy process. The lines have not been drawn arbitrarily. The EIR sets out the reasons for the larger Page 256. Mardi 4, 1980 80- a ,_______T____March4, 1980 _______ parcel sizes. There are thirteen things that could not be mitigated if the parcels were smaller. This project was taking in the cumulative effects. She urged the Board to accept the current proposal. There are adequate parcels in the area without any divisions going on. .She felt the Board had to consider the financial impacts on the county. 7. John Luvaas. Mr. Luvaas felt that the points had been made. He felt the county was faced with problems with the plan submitted in regard to public services. He did not feel that more parcels should be opened up. This proposal represents a substantial amount of compromise on all sides. No one is completely happy with the proposal. A middle point has been reached. He urged the Board to adopt the proposal as submitted. 8. Mr. Larson. Mr. Larson stated that the people who are satisified with the proposal live in the Feather Fa11s area, which is ten miles from the Enterprise Bridge area. He has his property in the Enterprise Bridge area. The road was designed for recreational development. There is a launching pad there now. This is a different situation from the Feather Fa11s area. He did not feel there would be an overabundance of homes built between now and the year 2000 if there were five acre minimum parcels. 9. Richard Shipley. Mr. Shipley felt that it was obvious from the number of people present who were asking for something different from the proposal that it was a pretty good compromise. He felt that there were not that many people asking for something different and felt that those should be granted. I0. Ken Brown. Mr. Brown stated that he was happy with the parcel size proposed for his property. There is no commercial area for the people that live in the area. He felt this "should be considered. Hearing closed to the public and confined to the Board. RECESS: 11:32 a.m. RECONVENE: 11:33 a.m. On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, having reviewed the contents of the draft environmental impact report, the comments received thereon, and the responses to those comments, the final environmental impact report was certified as having been completed in compliance with the California Environmental Quality Act, the State EIR Quidelines and the Butte County Environmental Review Guidelines. AYES: Supervisors Dolan, Moseley, Winston and Chairman Lemke. ABSENT: Supervisor Wheeler. It was moved by Supervisor Winston, seconded by Supervisor Moseley that the rezone from "A-2" (general) to "R-C" (resource conservation), "P-Q" (public - quasi public), "C-1" (light commercial), "H-C" (highway commercial), "C-F" (commercial forest), "FR-2," "FR-5," "FR-10," "FR-20," "FR-40" and "FR-160" (foothill recreational - 2, 5, 10, 20, 40 and 160 acre parcels)- for the area located between the South Fork and the Middle Fork of Lake Oroville and west of the town of Feather Falls be approved as outlined in the map and detailed in the information furnished to the Board; finding that development which is anticipated to occur pursuant to the rezone may have significant effects on the environment, and these potential effects have been reduced but not eliminated by implementation of an alternative zoning pattern which limits the number of new parcels which can be created within the area and having considered both the "No project" alternative and the more dense development alternatives Page 257. March' 4, 1980 March_4i 1980 = = _ _ _ _ 80- b they could be potentially more environmentally damaging than the proposal; with overriding considerations finding the existing zoning is "A-2" which does not conform to the General Plan and "A-2" is intended to phase out and would allow more environmentally damaging development than would be allowed under the rezone as formulated, finding rezoning is necessary to implement the policies of the Butte County General Plan and to prevent unnecessary environmental degradation, finding the proposal in compliance with the General Plan; adopting Ordinance 2081 and the Chairman authorized to sign. Aiscussion of what alternatives the people have that do not like the zoning of their particular parcels held at this time: If the people applied for a rezone there would be filing fees involved in the amount of $325. Motion amended to include the waiving of fees in connection with the applications for rezone by Mr. Larson et al, Shipley and Mr. Brown. Dan Blackstock, county counsel, stated that the motion would be a motion of intent regarding the fees if it were legally possible. If the people come in for a rezone the Board could then consider the waiving of fees. Amendment to motion withdrawn at this time. Vote on motion: AYES: Supervisors Dolan, Moseley, Winston and Chairman Lemke NOES: None ABSENT: Supervisor Wheeler Motion carried. 348 On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, a motion of intent was made to waive the fees in connection with the rezone for Mr. Brown,' Mr. Shipley and Mr Larson et al if it can be legally accomplished. AYES: Supervisors Moseley, Winston... and Chairman Lemke. NOES: Supervisor Dolan. ABSENT: Supervisor Wheeler. SUPERVISOR WHEELER PRESENT AT THIS TIME. SUPERVISOR WINSTON ABSENT AT THIS TIME. ADOPT ORDINANCE 2082: PUBLIC HEARING: BUTTE COUNTY PLANNING COMMTSSION PROPOSED EIR AND REZONE PROM "A-2" (GENERAL} AND "A-R" (AGRICULTURAL - RESTDENTIAL) TO "M-1" (LIGHT INDUSTRIAL), "R-1" (SINGLE FAMTLY RESIDENTIAL), "R 4" (MAXIMUM DENSITY RESIDENTIAL - RESTRICTED SERVICE), AND ^C-2" (GENERAL COMMERCIAL), PROPERTY LOCATED ON BOTH SIDES OF ESPLANADE AND STATE HIGHWAY 49 TO LASSEN AVENUE, CHICO (AS AMENDED) The continued public hearing on Butte County Planning Commission draft Hnvironmental impact report and rezone from "A-2" (general) and "A-R" (agricultural - residential) to "M-1" (light industrial), "R-1" (single family residential), "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 at this time. Bettye Blair, planning director, set out the background of the rezone. The Board received a report from the Planning Commission. Earl Nelson, environmental review director, stated the EIR was previously certified. Page 258. Mardi 4, 1980 _ March G, 1980 _ ~_~________ _ g0- _ Hearing open to the public. Appearing: No one. ~ Hearing closed to the public and confined to the Board. Supervisor Wheeler stated that she had discussed the rezoning with the property owners in the area. There is a portion of "H-C" zoning in the proposal. This would be highly restrictive and would require use permits for business in the area. Supervisor Dolan felt that the upgrading of the zoning for the west side of Esplanade from "R-4" to "H-C" would help problems as this is a major traffic corridor. She felt that for parcels in that area that had not been proposed for a specific use the "H-C" zoning would give -the decision making body the ability to considex the points of access, and setbacks for safety considerations. Supervisor Wheeler disagreed. She felt that the "C-2" zoning was restrictive. Zt was moved by Supervisor Wheeler, seconded by Supervisor Moseley that acknowledging the environmental impact report has been previously certified on October 30, 1979 finding that there would be significant environmental effects in the areas of potential traffic increases and conflicts with adjoining agricultural lands and finding alternatives are being rejected because they do not conform to the previously adopted map of the Land Use Element of the Butte County General Plan; finding that although there are anticipated to be significant environmental effects in connection with development which may occur pursuant to this approval, there are overriding considerations which justify project approval including: (a) The rezone is necessary to implement the existing General Pian Land Use Element map. (b) The rezone pattern was formulated taking existing land use patterns into consideration, as well as the future development potential of the area. (c) The General Plan Land Use Element expresses a need to provide surplus quantities of property in each type of land use category to minimize hindrances to the operation of the competitive free market further finding the rezone as approved is in_eonformance with all elements of the Butte County General Plan and specifically the~nap of the Land Use Element adopted October 30, 1979; having made these findings the rezone from "A-2" (general) and "A-R" (agricultural -- residential) to "M-1" (light industrial), "R-1" (single family residential), "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 be apgroved; Ordinance 2082 be adopted and the Chairman authorized to sign. Supervisor Dolan stated that it was her understanding that "H-C" zoning was forwarded to allow consideration of access points into Esplanade. Now, she is hearing that "C-2" zoning does not allow that. Ms. Blair stated that the Planning Commission recommendation was one of Che paints of ingress and egress on the road. Under commercial encroachment is controlled through Public Works. Supervisor Wheeler stated that Caltrans also has control and as parcel maps are forulated there are controls. Page 259. March 4, 1980 March 4, 1980 g0- Vote on Motion: b AYES: Supervisors Moseley, Wheeler and Chairman Lemke NOES: Supervisor Dolan ABSENT: Supervisor Winston Motion carried. 349 APPEARANCE MARY FERDUS Mrs. Ferdus spoke regarding the Don Tourte property. Mr. Millington was present at last week's Board meeting making statements about the lawsuit and comments about her. She would like to clarify some of the statements. She did not know where Mr. Millington got his information. She set out the .lotation of the gasoline tank that was discussed at the previous meeting. She felt that two wrongs did not make a right. She is nat being vindictive against Mr. Tourte. She felt that this area was a residential area. She felt that Mr. Tourte could have put his shop on the back of his property. There would have been no objections to this. There was a petition that waspreviously before the Board asking for "SR-1" zoning. They have received threatening phone calls. There was white flour and powder dumped on their property. She has advised the Sheriff of these problems. Mrs. Ferdus submitted a letter for the record at this time. Mrs. Ferdus was advised that she should contact County Counsel and discuss this matter with him as there is a report coming to the Board on March 11, 1980. 350 APPEARANCE: RICHARD SHIPLEY Mr. Shipley asked the Board what the process was for having his property in the Craig-Mooretown Ridge area rezoned. . Mr. Shipley was advised to contact the Planning Department for filing of his agplication. The Board would consider the waiving of fees after that time. RECESS: 12:15 p.m. RECONVENE: 1:36 p.m. 351 DISCUSSION AND POLICY DIRECTION - PROP05ED DRAINAGE COUNTY SERVICE AREA UAIL RUN SUBDIVISION (KEEFER ROAD AREA) Discussion of the proposed drainage county service area for Quail Run Subdivision (Keefer Road area) was held at this time. Clay Castleberry, public works director, stated that there is a subdivision in process north of Chico east of Highway 99 adjacent to Rock Creek. The developer is requesting that the storm drain maintenance be done by county service area. The developer will put the facilities in. The first thought was a property owners associatian but it is not the most efficient. This does not fit with the Board`s request for a 75% and a 50% budget. The developer agreed to pay for the formation of the district. It will cost $300 to $500 for the auditor and administration of the county service area each year. Dan Blackstock, county counsel, stated that the Attorney General came out with a new opinion regarding the per parcel service charge on county service areas. He would like a chance to study the opinion further. Time was spent discussing the amount of time and effort that would be necessary to maintain the county service area on the part of the county. Page .260. March 4, 1980 80- 8 March 4, 1980 _ _ _ _ _ Mike McEnespy, McCain and Associates, spoke regarding the plans for-the system. The water must be lifted and put into Rock Creek. There must be a levee constructed. They will provide internal storm drainage., There will be a detention pond. This pond will be a storage area and will be pumped into Rock Creek. In the event there is high amount of rain then the water can be retained in the detention pond. The pumps will provide protectYon for the development. Their concern is to have the system properly maintained. This could be done on a semi-annual basis. He felt a county service area would be the more stable way to go for this drainage system. The pond is about one acre in size. It was felt that the formation of a county service area for this type of system would be more efficient than a property owners association. REPORT TO BOARD CONCERNING PROPOSALS FOR THE SALE OF THE BURBANK SCHOOL SITE The report to the Board concerning proposals for the sale o£ the Burbank School site was considered at this time. No action taken. 352 PUBLIC HEARING DATE SET The following public hearing dates were set: 353 1. A public hearing date of March 25, 1980 at 10:15 a.m. was set for consideration of John D. Drake groposed negative declaration and rezone from "A-SR" (agricultural - suburban residential) to "C=2" {general commercial) and from "C-2" (general commercial) to "A-5R" (agricultural - suburban residential) as an adjustment of zone boundaries to match approved lot boundaries, property located on the southeast corner of Eaton Road and State Highway 99, identified as AP 44-47-74, Chico. 2. A public hearing date of March 25, 1980 at 10:30 a.m. was set for consideration of rezone from "A-R" (agricultural - residential) to "AR-MEI" (agricultural residential - mobile home) that property located approximately 500 feet north of Olive Highway (State Highway 162), approximately 1,000 feet west of Canyon Drive, identified as AP 34-07-113 and 114, Oroville (item on which provisions of CEQA do not apply). ADOPT RESOLUTIONS 80-42 & 80-43 RE: WILLIAM B. WALKER & ELEANOR M. GUY ABANDONMENT OF PUBLIC UTILITIES AND RECREATIONAL EASEMENT On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the following resolutions setting a public hearing date of April S, 1980 at 10:00 a.m. were adopted and the~Chairman authorized to sign: f 354 1, Resolution 80-42 - T~?illiam B. Walker abandonment of public utilities easement and recreational easement, Paradise Pines Country Club ~h3, Lot 124, AP 66-18-15. 2. Resolution 80-43 - Eleanor M. Guy abandonment of public utilities easement and recreational easement, Paradise Pines Unit 10, Lot 143, AP 64-57-21. AYES: Supervisors Dolan, Moseley, Wheeler, and Chairman Lemke ABSENT: Supervisor Winston RESOLUTION DESIGNATING PUBLIC GUARDIAN AS LATERMAN-PETRIS-SHORT ACT CONSERVATORSHIP INVESTIGATING OFFICER -- TAKEN OFF AGENDA 355 The proposed resolution designating Public Guardian as Laterman- Petris-Short Act conservatorship investigating officer was taken off the agenda. Page 261. March 4, 1980 March_4L 1980 80- 35b 3 357 358' ADOPT RESOLUTION 80-44 AMENDING THE BUSINESS LICENSE AND NONEXCLUSIVE FRANCHISE FOR THE OPERATION OF-NOR CAL CABLEVISION, INC. WITHIN THE COUNTY DF BUTTE On motion of Supervisor Lemke, seconded by Supervisor Wheeler and carried, Resolution 80-44 amending the business licenses and nonexclusive franchise for the operation of Nor Cal Cablevision,-Inc. within the County of Butte was adopted and the Chairman authorized to sign. AYES: Supervisors Dolan,. Moseley, Wheeler and Chairman Lemke. ABSENT: Supervisor Winston. AWARD OF BID -- SALE OF BURBANK SCHOOL SITE - WITHDRAWN TO BE BROUGHT BACK BX PLANNING DEPARTMENT It was moved by Supervisor Wheeler that the bid for the sale ~::- of the Burbank School Site be awarded to John Luallen in the amount of $95,000 and the Planning Director be authorized to go into escrow. Motion withdrawn. Planning Department to bring the award of bid back to the Board at a later date. APPROVE COMMUNITY ACTION AGENCY ITEMS On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, the following Community Action Agency items were approved: 1, Approved reclassification of a half-time affirmative action officer to a full-time relations/administrative coordinator which will result in an overall increase of $9,975 with funding coming from Community Services Administration funds and HEW funds; approved budget modification reflecting said reclassification and authorized the Chairman to sign. 2. Approved the following Senior Nutrition Program lease agreements and authorized the Chairman to sign: a. Chico Area Recreation District Chapman Center facilities b. Biggs United Methodist Church (9-17-79 through. I2-31-79) c. Biggs United Methodist Church (1-1-80 through 12-31-80) d. Church of the Brethren, Paradise (9-17-79 through 12-31-79) e. Church of the Brethren, Paradise (1-1-80 through 12-31-80) f. Taylor Memorial Christian Methodist Church, Oroville (9-17-79 through 12-31-79) g. Taylor Memorial Christian Methodist Church, Oroville ,1-1-80 through 12-31-80) 3. Approved Senior Nutrition contracts for the preparation and package of 50 meals a day for the Inter-Tribal Council with one contract covering the period from September 17, 1979 through December 31, 1979 and the second contract for the period January 1, 1980 through September 30, 1980 and the Chairman authorized to sign. 4. Approved lease agreement with Migrant Head Start Program for the property located at 2145 C Park Avenue, Chico for the period October 1, 1979 through September 30, 1980 at a manthly rate of $400 plus utilities and the Chairman authorized to sign. 5. Approved Rural Senior Service Praject budget modification extending the contract period for an additional three months including an increase in funds from $65,182 to $86,909 which will modify the projected copayment income from the Homemaker'Aid Program from $6,750 to $l1,b78 and the Chairman authorized to sign. Page 262. March 4, 1980 80- 359 360 361 __ __Ma_rch4, 1980 __ APPROVE COMMUNITY ACTION BOARD AGREEMENT PROVIDING FOR THE ADMINISTRATION OF THE COMMUNITY ACTION PROGRAM: ADOPT RESOLUTION 80-45 SETTING A PUBLIC HEARING DATE TO CONSIDER'"DEGREENING" OF COMMUNITY ACTION~ACENCY Discussion of the proposed agreement providing for the Administration of the Community Action program held at this time. Jim McNaughton, executive director, stated that there are many alternatives:~open to the Board.- The Board could take more control and make this a department of the county. The new instructions allow for greater delegation to the other board. The other board would be allowed to submit grants under the proposed agreement. The signing of the contract with the funding force would be with the Board. He was concerned with the other Board. He would like to see a strong board. The only board that he could think of to take ovex the functions if degreening were to happen would be the Community Action Board, which is a non-profit organization. The majority of the programs in the state are private. Clif Nickelson, administrative officer, recommended that the Board approve the agreement. The advantage of a public CAB was prior to Propasition 13. Prior to that the Board had all the resources of the county to bring to bear on the needs of the poor. Since that time, the county no longer has the ability to give help at all. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the agreement with the Community Action Board providing for the administration of the Community Action Program was approved and the Chairman authorized to sign. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and tiarried, Resolution 8--45 setting a public hearing date of May 6, 1980 at 10:00 a.m. to consider degreening of the Community Action Agency was adopted and the Chairman authorized to sign. AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke. ABSENT: Supervisor Winston. APPOINTMENT TO THE MENTAL HEALTH ADVISORY BOARD On motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, Bill Berry was appointed to the Mental Health Advisory Board. APPOINTMENTS - CONTINUED TO MARCH 11 1980 The following appointments were continued to March 11, 198D: 1. Appointment of alternate members to the Community Action Board - Districts 2 and 4. 2. Appointments to the Citizens Advisory Committee on Dxug Abuse and Alcohol Advisory Board. 3. Appointment to the Emergency Medical Services Committee. 362 REPORT FROM COUNTX ADMINISTRATIVE OFFICER ON REQUESTS FOR BALLOT PROPOSITIONS CONCERNING SALES TAX REVENUE Report from County Administrative Officer on requests for ballot propositions concerning sales tax revenue was held at this time. Administrative Officer to check on the amount of time needed. The Board members have not contacted the cities. Page 263. Mardi 4, 1980 80- 363 ~i 364 365 March 4, 1980 _____T=__=-______ Jerome+D.~Peters, Jr., attorney at law. The attorney, on behalf of Butte Creek Drainage District, sends notification of the passing of Glen R. Harris as a member of the Board of Trustees and asks that the Board consider a reappointment. See motion following communications. City of Chico. The City Manager forwards information concerning the final costs of the Chico Municipal Airport clear zone acquisition cost sharing. Information; no action taken. Ron Graves & Associates. The surveyor on behalf of Northwest Pacific Resources, writes requesting approval of the road alignment for property located on the south side of Ophir Road, west of the abandoned Southern Pacific Railroad right-of-way, Oroville axea pursuant to Butte County Code Section 20-94 (b) (3). Referred to Public Works for a report on his recommendations. Senator Jahn A. Nejedly. Senator Nejedly forwards a copy of Senate Bill 1300 which he has introduced together with other information relating to proposed changes to the Surface Mining and Reclamation Act of 1975. Discussed with Louis Camenzind, Jr. and referred to the Surface Mining Committee for a recommendation. Department of the Army - Corps of Engineers. District Engineer Paul F. Kavanaugh forwards a copy of his letter to Assemblyman Statham concerning the Chico - Mud Creek and Sandy Gulch project, flooding and xeiated problems. Information; no action taken. Butte County Employee's Association. The. association writes concerning the Board's recently adopted Resolution 80--26 amending Sections 2.57, I0.1 and 10.5 of the Personnel Rules related to deletion of the Safety Program. Administrative Officer to inform BCEA that this is not a matter for meet and confer and the resolution has already been adopted. George C. Barr,Breakfast Exchange Club of Oroville. Mr. Barr writes advising the Board that Deputy Dennis Brewer of the Sheriff's Office and Dennis Speer of the Oroville Police Department are being given the 1979 Officer of the Year award. Information; no action taken. Office of Revenue Sharing. The office writes in response to the County's letter regarding proposed remedies for noncompliance. Administrative Office to prepare response to be considered on March Il, 1980. APPOINTMEN 0 BUTTE CREEK DRAINAGE DISTRICT n motion of Supervisor Dolan, seconded by Supervisor Moseley and carried, Emmett Skinner was appointed director to the Butte Creek Drainage District. ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Wheeler asked for permission to take a resolution to Caltrans from Butte County and Yuba County. She would also like to make a presentation to CSAC Resolution Committee to be considered for .presentation to the General Assembly meeting. This is regarding AMTRAK services to the Chico area. Page 264. March 4, 1980 80~ 3b6 367 March 4, 1980 s._~~.~ _ ~ ~ = _ _ _ _ _ _ ~ = _ ~ - _ _ _ _ _ _~_ = = _ _ _ _ = = _ _ SUPPORT AB 2150 RE: APPROPRIATION AUGMEI3TATION~FOR VETERAN'S SERVICE OFFICE On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, AB 2150 regarding appropriation augmentation for Veteran's Service Office was supported. ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Dolan asked if the parental stress program was going to be considered by the Board in the future? Pyeatt, assistant administrative officer, stated that there would be a budget transfer coming to the Board an March 11, 1980. Chairman Lemke stated that the Board had received a copy of a letter to Allen Goldfarx about the HCD grant. Congressman Johnson has informed the Board of the success in getting the money from the grant. The letter to Mr. Goldfar was prompted by a citizen's complaint and various carrespondence from the county to HUD and the Chapmantown Improvement Association to the county. Dirk Delu filed the complaint. Chairman Lemke felt that Ward Connerly deserved a letter of commendation from the Board. He also wanted a letter of commendation sent to the HUD staff in the county. Letters of commendation are to be sent to Ward Connerly and county staff inirolved in HCD programs. Letter from Andrew-.Mital regarding a request for refund of drainage fees referred to Public Works and Counsel. :Letter..:from Upper Ridge Coordinating Council regarding additional access for the area referred to Public Works for answering. Chairman Lemke stated that the Board had received a Teeter from Judge Rix to Sheriff Gillick regarding citations being issued on private parking for the handicapped spaces. The Board will await comments fxom the Sheriff. The Board received a letter from Mary Owse regarding Public Law 9361 about health in opposition and also in opposition to California Health Plan 8085 Supervisor Wheeler reported on a meeting she attended with Caltrans people and the Department of Transportation. The meeting had been set up to deal with Highway 32 public access. She will be bringing back a further report on the matter. This matter might be solved in the next six months. SUPERVISOR WINSTON PRESENT AT THIS TIME. Discussion of the committee considering the land development prooess held at ti-hi,s- time. Supervisor Wheeler stated that she was free to work on this committee at any time. ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 2:57 p.m. to reconvene on March 11, 1980 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK- CO ER and ex-officio Clerk oard of Supervisors By Page 265. `1 Chairman, Board of Supervisors March 4, 1980