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HomeMy WebLinkAboutM031081i _ _ _~ March 10, 1981 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) . 3, 8~ The Board of Supervisors met at 9:00 a,m. pursuant to adjournment. v ', Present: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley. C1if Nickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board. 393 394 395 Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Lemke APPROVAL OF MLNUTES On motion of Supervisor Dolan, seconded by Supervisor Saraceni and unanimously carried, the minutes of March 3, 1981 were approved as mailed with the following corrections made to the minutes of October 21, 1980, January 27, 1981 and March 3, 1981': Minutes of October 21, 1980, minute order 80-166 to reflect: Adopted Resolution 80-224A giving notice of hearing on petition to abandon a public utility easement (William Gallion et al) instead of Resolution 80-224. Minutes of January 27, 1981, minute order 8I-151 to reflect: Adopted Ordinance 2184A zoning a gortion of the County of Butte, State of California to "TPZ-160" (timber preserve zone - 160 acre minimum parcels) pursuant to Chapter 24-29 for Diamond International instead of Ordinance 2184. Minutes of March 3, 1981, minute order 81-388 to reflect: tubes or culverts instead of tubs. Minutes of March 3, 1981, minute order 81-392 to reflect: the Carr Mine instead of Bader Mine. Minutes of March 3, 1981, minute order 81-319. to reflect: that approval of abandonment of the one foot strip was to ask S. A. MacKenzie to contribute his share to the Paradise Property Owners Association when and if there were future property division on his land. AUTHORIZE TREASURER-TAX COLLECTOR AND AUDITOR-CONTROLLER RR THEIR DESIGNEE TO SIGN IN COUNTY'TS INTEREST RE: DEFERRED COMPENSATION PROGRAM On motion of Supervisor Lemke, seconded by Supervisor Dolan and unanimously carried, the Treasurer-Tax Collector and Auditor-Controller or their designee were authorized to sign in the county's interest for documents relative to the deferred compensation program with Sacramento Savings Company. AUTHORIZE DISABILITY INSURANCE COMMITTEE TO DEVELOP REQUEST FOR PROPOSAL FOR PRIVATE DISABILITY INSURANCE PROGRAM FOR COUNTY WORKERS .Tim Rackerby, personnel director, set out the background of the disability insurance program for county workers. The state disability insurance plan is mandatory for every employee if it is installed in any unit. Under a private firm the program would be voluntary. There will be a cost involved for the request for proposal. They have to do a census of information from the personnel files as to salary and status of the employee group. He will be bringing in extra help at a cost not to exceed $200 to accomplish this. On motion of Supervisar Dolan, seconded by Supervisor Lemke and unanimously carried, the Disability Insurance Committee was authorized to develop a request for proposal for a private disability insurance p"rogram for county workers and report to the Board. Page 128. March 10, 1981 March 10, 1981 396 397 398 399 APPROVE BUTTE COUNTY ARTS COMMISSION CONTRACT On motion of Supervisor Lemke, seconded by Supervisor Saraceni and unanimously carried, the contract with the Butte County Arts Commission for the distribution of $12,000 in grants funds was approved and the Chairman authorized to sign. APPROVE AGREEMENT WITH STATE OFFICE OF EMERGENCY SERVICES FOR ASSIGNMENT OF OES ENGTNE 185 TO BUTTE COUNTY FIRE DEPARTMENT On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, the agreement with the State Office of Emergency Services covering the assignment of OES Engine 185 to the Butte County Fire Department with the engine being a 1,000 gallon per minute triple combination fire pumper complete with tools and equipment and will serve as a reserve unit was approved and the Chairman authorized to sign. APPROVE WEED CONTROL CONTRACT IP31089 On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, the weed control contract 431089 with the State Department of Transportation which is a revenue contract in an amount not to exceed $6,600 covering the period July 1, 1981 through June 30, 1982 for labor equipment and materials required to control and/or eradicate Johnson Grass, Russian Star Thistle and other noxious weeds on state highway rights-of-way in Butte County was approved and the Chairman authorized to sign. APPROVE REQUEST FOR PENALTY ABATEMENT On motion of Supervisor Wheeler, seconded by Supervisor Saraceni and unanimously carried, the following requests for penalty abatement for change of ownership reports were approved: 1. Wilfred R. and Carmelite A. Spargo, AP 004-09-4-012-0 2. Lois Agerholm, AP 005-08-7-008-0 3. Daniel G. Powers, AP 005-07-4-003-0 400 4. Dennis E. and Jacqueline M. Furry, AP 036-42--0-066-0 and AP 036-42-0-068-0 PUBLIC HEARING DATE SET The following public hearing dates were set far consideration of the proposed standards for adequate fire protection: 1. April 14, 1981 at 10:00 a.m. 2. April 28, 1981 at 10:00 a.m. 3. May 12, 1981 at 10:00 a.m. 401 (APPROVE BUDGET TRANSFERS On motion of Supervisor Dolan, seconded by Supervisor Lemke and unanimously carried, the following budget transfers were approved: 8-147 - Supplemental Manpower Program - CETA Administration. Increases the appropriation for equipment in the amount of $8,000 with funding coming from unanticipated revenue - manpower revenue sharing in order to cover the additional cost of furniture (tax and freight charges that were not included) as approved by the Board on January 27, 1981; minute order 81-135. Page 129. March'10, 1981 81- v March 10, 1981 - - B-149 - District Attorney - Administration. Transfers $1,000 from guiar salaries and wages to office expense to cover unanticipated costs for fice supplies and law books for establishing the Paradise branch office and provide an appropriation for the balance of the fiscal year. B-150 - District Attorney. Transfers $1,527 from regular salaries wages in the District Attorney Administration budget; with $1,000 going extra help within the same budget and $527 :to extra help within the ily Support Division budget. The purpose of this transfer is to cover sting budgetary deficiencies and to provide an appropriation for the ance of the fiscal year. B-151 - District Attorney - Administration. Transfers $16,365 from reserve and together with $9,135 in unanticipated revenue from the Alcohol st Reimbursement Fund, increases the appropriation for professional and cialized services in the amount of $25,500 to cover the unanticipated essive activity requiring blood testing. This transfer will cover existing getary deficiencies and provide an appropriation fox the balance of the cal year. B-152 - Community Action Program. This transfer establishes the udget for the Community Action Agency 1981 block. grant program as approved y the Community Services Administration on January 5, 1981. Total amount f the appropriation is $276,535. Funding is from federal aid - Community ervices Administration in the amount of $216,563 and in-kind contributions otalling $59,972. 402 SEEK LEGISLATION TO INCREASE FINES RE: DRIVING UNDER THE INFLUENCE CONVICTIONS TN ORDER TO COVER THE COSTS OF TESTING AND WHATEVER ELSE TS NECESSARY Discussion of the costs for the Blood tests required in the drivine under the influence arrests field at this tame. Dan Blackstock, county counsel, stated that the county received certain amount of the fine levied on convictions for driving under the £luence. The question would be whether or not the Board wanted to ek legislation to increase the amount of the fine to cover the complete st of the testing program and continue to have the rest of the fine go to the general fund. Clif Nickelson, administrative officer, stated there was a cost the drawing of the blood by the hospital and a charge by the state the testing of the blood sample. The state charges a fee for use of breath test. The revenue in 1978-79 into this fund were coming in low. In 1981 the revenue was coming into this fund at a pretty rate. The county is still losing money. On motion of Supervisor Dolan, seconded by Supervisor Wheeler unanimously carried, the county is to seek legislation to increase ever part of the fine necessary so that those convicted of driving r the influence pay fox whatever costs for testing or whatever is 403 CONSIDERATION OF DISPOSITTCIN^ OF THREE PARCELS WITHIN THE CDBG TARGET AREA OF HCD TO CHIP Consideration of disposition of three parcels within the CDBG traget area to CHIP held at this time. Jim Marshall, president, board of directors for CHIP, encouraged Board to allow CHIP to purchase the three lots on a 90-day option. They not yet constructed the homes on the lots purchased from the county iously. The groundbreaking for the six lots will be March 23, 1981. Page 130. March 10, 1981 March 10, 1981 Lt takes a long time to get the paperwork through Farmers Home Administration. ETe asked that the Board grant CHIP a three montfi option to purchase the additional three lots. After April 1, 1981, there will be new census information that could effect the program. This is a self--help program where families actually build their own homes. The average income for families in the first group is $9,000 per year. Mr. Marshall stated the cost of the homes vary on the basis of the size of the lot and what has to be done to the lot to make it buildable. the costs run from $32,000 to about $34,000 including the lot. The lot goes directly to the family and is part of the mortgage. CHIP does not make a profit on the lot. The reason for the 90--day option is to allow time for processing with Farmers Home Administration. Supervisor Wheeler stated ~-e objected to the selling of these lots to CHIP. If a private contractor came in to make an option on the property, normally they would pay for that option. The program is good as far as providing low income homes. She had diffuclty dealing with a tax supported program, non-profit organization, that is in the process of suing the county over the CETA program. She could not justify that. She wondered why a Chico based organization was interested in Oroville property and not an organization in the Oroville area. She did not feel stiaff had pursued the matter. CHIP has over a $5 million project coming down. Steve Musselman, administrative analyst, stated these lots are available for the county to sell. There is a great deal of paperwork involved with Farmers Home Administration. He did not feel it was his responsibility to look-unto the progress on the six lots that had been previously purchased by CHIP. There is a proposed groundbreaking date. Clif Nickelson, administrative officer, stated that prior to coming to the Board with the item, they checked with CHIP about the previous lots. This is a self-help program. It is hard to find people who gill put together a self-help program. That was one of the important parts of the county's programs. Discussion of the purchase price by the county of the lots involved held at this time. Mr. Musselman stated the county paid considerably higher than the $6,000 to $7,000 appraised value for the Lots because at the time of purchase there were dwellings on the property. Since the beginning of the program, the county has bought property high and sold low. He did not know if the county could sell the property at the fair market value to a private developer. He has negotiated the sale of one lot with a developer. They have had difficulty finding families for that property. Supervisor Dolan stated that Farmers Home Administration is one feasible area to get financing for a population of under 10,000. The population figures will change after April 1, 1981. She believed that self helps are ready to go and they would like three additional lots to add to the other lots. Supervisor Lemke stated he found it difficult to give a helping hand to an agency that is suing the county. Supervisor Wheeler stated she would like to see soma private organization coordinate the effort in Butte County to bring all this together. She would like to see the county staff get out of the housing business. She would not vote for this matter. Page 131. March 10, 1981 S lh 3''. March 10, 1981 It was moved by Supervisor Dolan that the County Administrative Office be authorized to enter into an agreement allowing CHIP a 90-day option to purchase three parcels within the CDBG target area. Motion dies for lack of a second. Supervisor Saraceni felt fie would like to see some results on the previous parcels before the county obligated additional parcels. Chairman Moseley felt the county was obligated to get as much money for these lots as they can. Gerald Lively, deputy administrative officer, stated that in the grant the county promised certain things. There are a certain number of lots and a certain number of demolitions and the creation of housing ability. They cannot dispose of the lots without consideration being given, as to what will happen to those lots. There is the requirement to provide housing for low and moderate income families. The grant does not specifically speak to self help programs. The regulations that lay out the conduct of the program is not comgatible with the normal process of buying and selling property. The cost for demoliton of the dwellings on these properties could run as law as $800 to several thousand dollars. Supervisor Dolan stated the county applied for a grant and said there is a biighted area that needs subsidy. It is not what the Board would like to see. The county buys high and sells low. The county buys homes that cannot be rehabilitated. This program provides home ownership for low and moderate income families. The process is heavily subsidized. Mr. Nickelson stated his office has the responsibility of making the program work with little or no support from the supervisors once in a while. If they are going to operate the program then they have to be dedicated to making the program work and comply with the intent of the legislation. If the Board feels this strongly about this program, it is best to divest themselves of it rather than for the program to continue further and further down the pipe. Supervisor Lemke felt that private industry had carried out the philosophy of the program very well. The only thing bringing up the discussion is the county is dealing with a community based organization. He did not feel that the county should reduce the selling price of the property for a non-profit organization. The county needs to make a consorted effort for those that will pay the full price and continue on as has been done in the past and not pull government supported programs into competition with private industry, The program has been a good one. Supervisor Wheeler suggested that maybe staff should look at the possibility of having the county divest themselves for this program. No action taken. 404 405 PUBLIC HEARING DATE SET A public hearing date of March 31, 1981 at 10:15 a.m. was set for consideration of Bobb Gowen petition for variance to Sections 19-10 and/or 19-12 of tfie Butte County Code for placement of a mobile home on AP 48-06-1-10, 2700 Mariposa Avenue, Chico area. Zoning: "RT-1" APPROVE 1981-82 COUNTY SUBSTANCE ABUSE PLAN AND "409" PREVENTION PROJECT PROPOSAL On motion of Supervisor Lemke, seconded by Supervisor Dolan and unanimously carried, the 1981=~82 County Substance Abuse Plan and Page 132. March 10, 1981 March 10 z 1981 3 budget which includes two elements: drug program budget in the amount of $151,361 and the "409" project in the amount of $16,712, with both being funded 100% by state and federal monies was approved; the "409" prevention project proposal was approved; and submission to the State Department of Alcohol and Drug Programs was- authorized. AUTHORIZE SUBMTSSTON OF FAMILY RESOURCE PROSECT FOR NORTH VALLEY TO STATE FOR FUNDING CONSIDERATION Oxt motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, submission of the proposal to the State Department of Aleohol and Drug Programs for the funding of a family resource project for the north valley in an amount not to exceed $50,000 for the purpose of assisting parents and families in developing skills at the family level to prevent and resolve drug abuse, with this being a joint effort by six counties in the north valley area with Butte County being the lead agency was authorized. 406 WAIVE FIRST READING OF ORDINANCE TO BAN THE MANUFACTURE, DISTRIBUTION AND SALE OF ALL DRUG PARAPHERNALIA IN BUTTE COUNTY 407 Ted Rslemm, deputy county drug program administrator, stated a study of drug users was conducted in 1977. There were 200 daily users with a habit that averaged between $]100 and $150 per day 365 days per year. They are seeing more patients now in terms of shifting away from heroine and going to pharmaceutical. Tfiere are serious cocaine type problems from an illicit standpoint. Supervisor Wheeler introduced Lt. Bob Shadley, Sheriff's Office; Ron Chaplin, Sheriff's Office; and Art Suniga, Chico Police Department. Lt. Shadley stated that in order fora person__to:support a. $100 to $150 per day habit they would have to have $1,000 worth of theft and burglary per day. The amount is up from 1977 to from $250 to $300 per day. A person on drugs six to eight weeks will have a habit up to $150 to $200 per day. Supervisor Lemke stated they have 300 people now supporting a habit of $100 per day and will have to steal $1,000 per day to sugport that habit. This is in the range of $300,000 per day in thefts to support the habit. He felt this was adequate justification for anything they can do for the program. Lt. Shadley spoke regarding people who have Been able to kick the habit. This usually involved disassociation with. the people they previously knew. Many people will move from the area they were living in. Mr. Kfiemm stated that the treatment end of the program was started about 1968 or 1970. They now have ten years of history. They are much better at what they do in terms of treating the addict. They have identified something that is licit drug habits. Their caseload is predominantly licit drug problems. This does not involve a person committing a crime. These are medical issues. Lt. Shadley stated that generally marijuana is the entry level to drugs. He set out what a drug factory is. These laboratories are not in sanitary facilities. Last year the street value of controlled substances was over $12 million. Prior to that, for three year period, the total was about $10 million. Supervisor Wheeler read a letter from a former drug addict. Page 133. March 10, 1981 March, 10, 1981 S1. Supervisor Wheeler set out the different paraphernalia she had y' purchased at a store in Chico.- She also showed some of the magazines making offers through a catalog encouraging people and young people to break the law. ', Lt. Suniga set out some of the paraphernalia that had been seized. Supervisor Wheeler presented an atticle from the Sacramento Bee relative to the number of drug related arrests made by the CHP. There are problems with the state statutes. She hoped that through public awareness the controls at the state level could be tightened. State law addresses the issue of minors only. Another level that needs to be ', addressed is prosecution for possession. Lt. Sfiadley did not feel that the ordinance would create a need for additional money for law enforcement to enforce the ordinance once 3.t is passed and tested. It would be similar to a bar check. Supervisor Wheeler stated the ordinance had been held constitutional by the Superior Court of Sacramento. She hoped it would survive all the court tests. She would like to see not only the adoption of the ordinance, but the matter be taken to CSAC as a resplution to present so that they can assess the counties in California of the problem and ask them to ', lobby the legislators to tighten controls on this matter. Butte County ', is second only to Trinity County in the cultivation of marijuana. Lt. Sfiadley stated there were three parts in a drug program: enforcement educational program reaching the young people; rehabilitation ting to help people; and making the offence more difficult. Supervisor Dolan stated she was interested in the results and just the regulations. The education and prevention and treatment have be statewide. On motion of Supervisor Wheeler, seconded by Supervisor Dolan unanimously carried, the first reading of the ordinance to ban the facture, distribution and sale of all drug paraphernalia in Butte ty was waived. ', On motion of Supervisor Wheeler, seconded by Supervisor Saracens nd unanimously carried, Supervisor Wheeler was authorized to take a ', esolution relative to the ban of manufaohring, distribution and sale o£ lI drug paraphernalia in Butte County to CSAC in April. 408 POINT SUPERVISOR WHEELER TO CSAC $OARD OF DIRECTORS FOR TH$ SPRING ESSION On motion of Supervisor Lemke, seconded by Supervisor Saracens nd unanimously carried, Supervisor Wheeler was appointed to the CSAC oard of Directors for the spring session. CESS: 10:28 a.m. CONVENE: 10:40 a.m. ** ',409 OPT ORDINANCE 2195: PUBLIC HEARING: HERSHEL SHELLY AND DAVID MACKEY - ', ROPOSED NEGATIVE DECLARATION AND REZONE FROM "A-2" (GENERAL) TO "FR 5" FOOTHILL RECREATIONAL - FIVE ACRE PARCELS), LOCATED APPROX. 3/4 MILE NORTH- ', AST OF INTERSECTION OF HURLETON AND STRINGTOWN ROADS, IDENTIFIED AS AP 72-29-12, 33 134 135 & 72-26-07 80 & 87 LAKE WYANDOTTE AREA The public hearing on Hershell Shelly and David Mackey proposed egative declaration and rezone from "A-2" (general) to "FR-5" (foothill Page 134. March 10, 1981 March 10, 1981 recreational - five acre parcels), located approximately 3/4 mile northeast of the intersection of Hurleton and Stringtown Roads, identified as AP 72-29-12, 133, 134, 135 and 72-2b-07, 80 and 87, Lake Wyandotte area was held as advertised. Bettye Blair, planning director, set out the background of the rezone. The zoning issue was the result of a subdivision map approval. The condition of approval was that the applicant apply for five acre minimum size zoning. The commission recommended larger size parcels. The motion from the Planning Commission was to recommend "FR-20" zoning on a 3 to 2 vote. Earl Nelson, environmental review director, set out the background of the negative declaration. He recommended a negative declaration. Ms. Blair stated there was a great expanse of "A-2" zoning still remaining. The Planning Commission did recommend a study for that area. It is not one of the priority projects at this time. Most of the area in Eorbestown and Hurleton Roads is still in "A-~2" zoning. It is a rather extensive area that would cover several square miles. Hearing open to the public. Appearing: 1. Tim Russa, Stringtown Road. Mr. Russa spoke in opposition to the rezoning. Most of the property is ten acre minimums. Ttie road is too narrow. Tt is a traffic hazard. The percolation and soil in the area is not good. He did not feel five acre parcels would be good for this area, He would not be opposed to ten or twenty acre parcels. 2, Tom Butler, Stringtown Road. Mr. Butlerrspoke in opposition to five acre zoning. There is a water problem in the area. The school buses will not even come down this road. He asked that the area remain a rural area and that the Board not adopt five acre zoning for the area. 3. Harold A. Markwith. Mr. Markwith stated he lived within the 220 acre development. He maintains the road in that area. The road is not adequate for them now. He has done the work on the road after every rain. If there are more people added to the area then the roads and drainage need to be improved. Tf wells are dug above his property, it would effect his well. 4. Dick MacLincoln. Mr. MacLincoln was concerned with the traffic on the narrow road. The county would not put a line down the middle of the road. It is too narrow. He was concerned about the density if the area is reduced to five acre parcels. 5. Mike Evans. Mr. Evans stated the subdivision would have a range of parcel sizes from six to twenty acre parcels. This project was a court settlement that turned into a project. Soil tests were provided. There were test wells to meet the Health Department standards. There is a twenty foot gravel road. They will be furnishing a one year maintenance bond which is a requirement of the subdivision. This will alleviate some of the burden that some of the people have at the present time. Not all the parcels can be further divided. Every parcel with a potential for future division must come before the Advisory Agency each time. They are asking for thirteen parcels. His clients originally asked for three acre zoning. This is not possible with the present subdivision ordinance. The five acre zoning was then requested. Some of the parcels in the development are already five acres or less in size. They have provided additional access to the south. The subdivision Page 135. March 10, 1981 March 10, 1481 3 will move forward no matter what the zoning is. They have had to erase old roads and create new ones. Most of the people in the subdivision will, be part of a road maintenance agreement. The condition for approval of the subdivision was that the road be constructed to RS-7 standards, twenty foot wide graded, graveled and seal coated road. 6. Tom Butler. Mr. Butler stated he was not aware that three acre parcels was being discussed. He did not want to see this happen. Tt would be very expensive to maintain a road like that. 7. David Mackey. Mr. Mackey felt that the three acre parcels were unreasonable. This was the reason for asking for five acre zoning. They are putting in culverts for the drainage. There would be a maintenance agreement for everyone who buys property sn the subdivision. Mr. Russa's property is part of the illegal subdivision. His property is not part of this request. The road has been inspected. There are two and three acre parcels in the area. 8. Mike Evans. Mr. Evans felt it was the wrong thing to have done by bringing up the three acre request. There ss no way this property could be divided into three acre parcels under the present ordinance. Five acres is the smallest allowable. Three acres was the original request and was changed to five acres. 9. Bea Markwith. Ms. Markwith did not oppose ten acre parcels. is a possibility of having no water if the parcels are smaller. Hearing closed to the public and confined to the Board. Supervisor Saracens felt that any additional divisions would 11 have to come under county requirements if the property was placed five acre minimum zoning. Supervisor Lemke stated three of the parcels are under ten ~s. All three of these parcels are over five acres at the present Even the people opposed to five acres are not opposed to ten or .ty acre parcels. With thirteen lots out of 220 acres the average is t sixteen acres per lot. By turning dorm the request for zoning, property would remain in "A-2" zoning and the subdivision would lY• Supervisor Saracens stated this was a case of someone coming n and trying to straighten out a problem. Mr. Mackey is saying there s a possibility of ussng five acre parcels where it can bendone. This epends on the topography of the land. Staff recommended five acre parcels. here are expenditures requsred to make thss division possible. He could ee that if the Board did not go with the five acres requested, there could e others that would not try to straighten out some of the illegal subdivisions. Sugervisor Lemke stated that the Planning Commission in both their motions recommended that the entire area be studied for zoning. felt that maybe the Board should deny the zoning request and initiate zoning study for the entire area. Supervisor Dolan felt that maybe the Board should approve the ect with a recommendation that the entire area be studied. She it would be a bad policy to leave the area in an "A-2" zoning area. creates more groblems than it solves. Page 136. March '10, 1981 81_ ~' 410 March 10, 1981 On motion of Supervisor Dolan, seconded liy Supervisor Wheeler and carried, finding tfie provisions of CEQA fiave been complied with, finding the proposed project could not fiave a significant effect on the environment, a negative declaration was adopted; the rezone from "A-2" (general) to "FR-10" (foothill recreational - ten acre parcels), for property located approximately 3/4 mile northeast of the intersection of Hurleton and String town Roads, identified as AP 72-29-12, 133, 134, 135 and 72-26-07, 80 and 87, Lake Wyandotte area was approved; Ordinance 2195 was adopted and the Chairman authorized to sign; the Planning staff was directed to initiate zoning study for tfie entire area. AYES: Supervisors Dolan, Lemke, Wheeler and Chairman Moseley. NOES: Supervisor 5araceni. PUBLIC HEARING: WILLIAM EVERT/EVER-GLO, INC. - DRAFT EIR AND APPEAL OF DENIED REZONE FROM "R-1" (SINGLE-FAMILY RESIDENTIAL) AND "R-3" (MEDIiJM DENSITY RESIDENTIAL) TO "PA-C" PLANNED AREA-CLUSTER), PROPERTY LOCATED NORTH OF TOM POLIO AVENUE, SOUTH OF LASSEN AVENUE AND WEST OF EL PASO WAY, IDENTIFIED AS AP 44-21-67 & 68, CHICo The public hearing on William Evert/Ever-Glo, Inc. draft environ- mental impact report and appeal of denied rezone from "R-1" (single-family residential) and "R-3" (medium density residential) to "PA-C" (planned area-cluster), property located north of Tom Polk Avenue, south of Lassen Avenue and west of E1 Paso Way, identified as AP 44-21-67 and 68, Chico was held as continued. Bettye Blair, planning director, set out the background of the appeal. The Planning Commission`s minutes reflect the concers for the area. She had received a call from Ellis Ro11s asking about alignment with regard to the sewer line. Supervisor Wheeler stated she was amazed the City of Chico did not contact the county. They were aware the area was being developed. They are asking for a right-of-way for public utilities easement for connecting of Panama and El Verano. Hearing open to the public. Appearing: 1. Russ Croninger. Mr. Croninger stated this is a private road planned development with the roads being 24 feet in width. He has spoken with Mr. Rolls regarding the sewer. The city has two proposed route. There is no way of knowing which route will be chosen. He indicated some type of right-of-way to Mr. Rolls. He felt this could be worked out. This area was shown to the Planning Commission January 7, 1981. They recommended they would rather see medium density five to eight dwellings. This property is split by the sphere of influence for the City of Chico. The zoning for the property is "R-1" zoning. The panhandle area toward .Lassen is medium density and "R 3" zoning. 2. Gary Ritchie, 2597 Tom Polk. Mr. Ritchie stated the residents of the area had met with Mr. Croninger and agreed to a lower density and agreed to accept the traffic load out of the proposed development. He felt the issue was clouded by the other issue of the traffic problem in the area. He urged that the Board vote on the project as presented. Supervisor Wheeler stated she had received a memo from the Public Works Director that he would like to make another suggestion that the street be 32 feet which would allow two-twelve foot traffic lanes and two bike baths without restricting the through traffic. Mr. Ritchie felt that the majority of the traffic- from the north now travels to Lassen, E1 Paso and then to East Avenue. If the access is through Godman and the road is widened the through traffic will take the lesser route. A1~"tie trafficewould go down Tom Polk. Page 137. March 10, 1981 3 March 10, 1481 The residents of the area can live with this project. He would like to see a streetlight at the corner. He was afraid that turning the project into a thoroughfare would create a problem. Supervisor Wheeler stated that the major problems with traffic have not been created..from,-the single family•residences'`buf.from-the mobile home park and apartments. Mr. Ritchie stated that the residents were initially concerned about the density of the project. This is not the issue at this point. 3. Russ Croninger. Mr. Croninger stated the road before the Board at this time is a 24-foot private road.When there is discussion of a through road that means a public road. The private road is a through road but a driveway approach off Lassen. A through road that is public would be a standard road approach off Lassen. By using the proposal from Public Works for a 32 foot wide road with sideRalks, this would be a 50-foot right-of-way. The 50-foot right-of-way would have building setbacks 20 feet from the property line instead of 50 feet from the center- line of the road. Ms. Blair stated that in the memo dated March 4, 1981 there is discussion o£ the two proposals. The Commission had tried to bring the number of units down. The Commission recommended 96 units and this proposal is for that number of units. 4. Art Leman, 492 Panama. Mr. Leman stated that during the time the area was zoned "A-2" there was a use permit for a mobile home park issued. The neighbors in the area made the zoning "R-1" zoning. 3e was not happy with the idea of a through 't'oad. He hoped that this area was maintained as close to "R-I" zoning as possilile. 5. Russ Croninger. Mr. Croninger stated they were still speaking ~f a private road 24 feet in width. They are speaking of the density of the units and providing 24-foot road onto Tom Polk Avenue onto East venue. Those people know the traffic circulation. On a public road he aid not know what the number would be. There is no development plan from Lassen to Eaton and east to the freeway. They are speaking of affordable housing. iUPERVISOR WHEELER ABSENT AT THIS TIME Ms. Blair stated she would like to clarify the comment there aas no development plan for the area. That was part of the north Chico rezone. There is a plan that gives an indication of the uses. Most are residential single family units and some commercial areas. iUPERVISOR WHEELER PRESENT AT THIS TIME Supervisor Dolan stated there is a zoning plan. It seems like the plan plans everyone's lives on a cul-de-sac. There are two main arteries. Fl~~ are east-west roads that create a greater flow. Mr. Croninger was speaking of a total density plan. It shows north-south. He was thinking of a development plan and circulation plan. They must also think of east-west. Hearing closed to the public and confined to the Board. Page 138. March•10, 1981 ~. 81• March 10., 1881 - Chairman Moseley stated she had received calls from Les Going and Sue Martella and a letter from Bob' & Nava MacReynolds. Supervisor Ao1an stated that the neighborhood on Tom Polk Avenue opposed the development until there was a compromise in the density and the private road. E1 Paso bears an unfair burden. The developer agreed to the compromise. Supervisor Wheeler stated the developers would not agree to maintain a "R-1" zoning designation instead of allowing a "PA-C" zoning designation. That is what has created the problem. She was afraid the Board might- just be creating another problem. She would like to see the road open. She was not comfortable with the density proposed. Supervisor Saraceni stated they were talking about a private road which would match with a "PA-C" zoning. The residents are agreeing to the compromise and saying it would fit into the community before some other type of development takes its place. He agreed the road should be private. The road would be kept up by the people owning property in the development. Hearing reopened to the public. Appearing: Russ Croninger. Mr. Croninger stated they had dealt with the density factor with the Planning Commission; they dealt with the homeowners in the area. They brought the density down. He felt this was compatible with the surrounding area. If this area were developed under "R-1" zoning would the road not have to be a public road from Lassen to Tom Polk Avenues. Clay Castleberry, public works director, stated a subdi~sion can be developed with private roads. If the project is in the urban area the development would be done with urban standards. The road width would have to be the same width because the density will generate the same amount of traffic. Mr. Croninger felt that if this were an "R-1" standard subdivision would have to be a longed road with E1 Verano and go north to Lassen. road would still be servicing the public to the north. Hearing closed to the public and confined to the Board. Supervisor Wheeler was not acceptable to the proposal. She not comfortable with the density and felt the road should be a Hugh road. Most o£ the traffic would be generated from within not without the development. According to the calls she has received, e has not been a compromise with the density. Hearing reopened to the public. Appearing: 1. Gary Ritchie. Mr. Ritchie stated he was addressing the ity as a compromise. The original proposal was for 120 units and ved to the present number of units. They agreed to the present ity and agreed to take the traffic from the development. He would like to see a through road created. This would be more traffic on Polk Avenue. All the traffic north of Lassen Avenue will come through Polk Avenue. They agreed to the compromise on the basis of a private 2. Bi11 Gates, 2603 E1 Paso Way. Mr. Gates felt a little for people of Tom Polk Avenue if this was made a through road. The people g to the mall will not use Tom Polk. Page 139. March 10, 1981 March 10, 1981 3. Art Leman. Mr. Leman stated the heavy traffic flows are in ie morning and the evening. 81 3 Hearing closed to the public and confined to the Board. 411 Supervisor Lemke stated that regardless of whether this is a private row road with speed bumps or an open road that road effectively is ng to be used to go through from Lassen to East Avenue. This might not the answer to E1 Paso Way. He £elt the 6.5 density had been solved. Supervisor Wheeler stated that the offer for dedication was feet instead of 60 feet for the road. Mr. Castleberry had suggested 50 foot right-of-way. Supervisor Dolan stated the developer asked the Planning ;ommission to make a decision on the application as presented because they iad made a compromise. The people on E1 Paso Way do not Like the compromise. the would be ready to support the project as submitted with a private road. She ~ou1d support a 24-foot private road with 96 units. On motion of Supervisor Aolan, seconded by Supervisor Saraceni and carried, a motion of intent was made to approved the project with 24-foot private roads and 96 units. AXES: Supervisors Dolan, Lemke, Saraceni and Chairman Moseley. NOES: Supervisor Wheeler The closed hearing was continued to March 17, 1981. Supervisor Wheeler felt the Board was creating more problems fox future boards. They are taking from one and giving to another. The only way to compromise is to xestrict the density. Supervisor Dolan stated that reducing the density and opening the road did not compromise either. GARY Mr. Ritchie asked if there was the possibility of having a study egarding the closure of E1 Paso Way. Supervisor Wheeler stated the Board had made a study and there no reason another study could not be done again. Supervisor Dolan stated she would be happy to vote again to lose E1 Paso Way. 412 REPORT TO THE BOARD - DENIED REZONES The following reports to the Board were received as information: 1. Atelier Corporation draft EIR and denied rezone from "A-R" (agricultural - residential) and "H-C" (highway - commercial) to "MHP-4" (mo~ilehome park - four dwelling units per acre) to allow a 309 unit mobile [some park on property located on the southwest corner of Foothill Boulevard and Oro-Bangor Highway, identified as AP 36-22-3 and 16, southeast of Oroville. 2. R. Grant Cline proposed negative declaration and denied rezone from "AR-MH-3" (agricultural residential mobile home - three acre parcels) to "PA-C" (planned area-cluster) to allow a nine unit residential development on property located approximately 600 feet west of Skyway at Woodward Avenue, identified as AP 64-67-i2, north of Paradise. Page 140. March '10, 1981 413 March 10, 19.81 - - - - - - - - - - - - - - - - - - - - PUBLIC HEARING DATE SET 3'' A public hearing date of March 31, 19-81 at 10.:30 a,m. was set for consideration of Ron Imhoff rezone from "A-2" (geaeral) to "PA-C" ', (planned area-cluster) to allow a 231 unit residential mobile home development on property located approximately 200 feet west of Hicks Lane, approximately 200 feet south of Sycamore Lane, identified as AP 44-49-38, Chico. 414 WAIVE FIRST READING OF ORDINANCE AMENDING CHAPTER 24 OF THE BUTTE COUNTY CODE ', On motion of Supervisor Lemke, seconded by Supervisor Dolan and unanimously carried, the waiving of the first reading of the ordinance amending Chapter 24 of the Butte County Code, consolidating the FR, SR and TM zones was waived. 415 WAIVE FIRST READING OF ORDINANCE ADDING SECTION 6 TO CHAPTER 2 OF THE BUTTE COUNTY CODE (WARRANT CANCELLATION) AND AMENDING SECTIONS 7I, 73, 73.5, 79 & 80 OF CHAPTER 21 OF THE BUTTE COUNTY CODE (PROCEDURE FOR REASSESSMENT OF PROPERTY WHICH IS DAMAGED OR DESTROYED, ETC.) On motion of Supervisor Dolan, seconded by Supervisor Lemke and unanimously carried, the first readisxg of the ordinance edding Section 6 to Chapter 2 of the Butte County Code {warrant cancellation) and amending Sections 71, 73, 73.5, 79 and 80 of Chapter 21 of the Butte County Code (procedure for reassessment of property which is damaged or destroyed, etc.) was waived, 416 APPOINTMENTS - TO MARCH 17, 1981 appointments were continued to March 17, 1981: 1. Appointment to the Agricultural Advisory Commission, District 5. 2. Appointment to the Butte County Fair Board, District 5. 3. Appointment to the Mental Health Advisory Board 417 INTMENT TO THE DATA PROCESSING EXECUTIVE COMMITTEE On motion of Supervisor Wheeler, seconded by Supervisor Lemke unanimously carried, the following departments were appointed to Data Processing Executive Committee: Environmental Review Director - Earl Nelson Planning Director - Bettye Blair Superior Court - Sandy Jones 418 ACCEPT REPORT AND ADOPT REVISION OF PLAN FOR THE BUTTE COUNTY COUNCIL ON Archie MacDonald reported on the revision of the plan for the Butte County Council on Aging. This plan is designed to enable seniors 3n Butte County to coordinate their actions to work with volunteer organisations. The emphasis was on developing a senior center in Chico. It was felt that the organization should develop all concerns of seniors. On motion of Supervisor Lemke, seconded by Supervisor Dolan and unanimously carried, tfie report was accepted and revision of the plan for the Butte County Council on Aging was adopted. 419 AUTHORIZE EXTENSION OF PSE ACTIVITIES SUBJECT TO PARTICIPANT ELIGIBILITY, FUNDING AND BOARD REVIEW Jim Rackerby, personnel director, stated there were a number of CETA agreements with other agencies ready to terminate earlier than September 30, 1981. He suggested that the Board provide extension of the program so they could negotiate project vendor market of existing activities as long as the participants have eligibility or federal funds Page 141. March 10, 1981 ___ __ __ March l0, 19.81 _ _ _ __ _____ 31- avai3a~ale DoT the projects. -In June about l~b.teac$er ai3s would-be ,~, layed off. He would ait down with the school. district and find out if they could use the personnel. ', Supervisor Lemke wondered if extension of these programs was not directly opposed to the spirit of the resolution considered by the Board relative to the fact if there is money left over it should be sent back up the pipe. This somewhat goes against the theory to try and help cut down on government costs. Mr. Rackerby stated that in Title VI, if the projects do end between now and September and the Board decides to lay the people off, they would be terminating those people at the end of the project. This would leave an additional amount of revenue in September to be sent back. He asked that the Board give him the authority to extend the programs for 30 days in order to issue the lay off notices. On motion of Supervisor Dolan, seconded by Supervisor Lemke ', and unanimously carried, the extension of CETA PSE activities was authorized subject to participant eligibility, funding and Board review. ', 420 COMMUNTCATIONS ', Ceddis, Driscoll and Associates, Oroville. The engineers, on behalf of Carroll Leason, file a late appeal appealing conditions 13 and 14 on tentative parcel map, AP 25-23-b9, four lots, property located on the west side of Highway 70, south of Palermo Road, south Butte County area. See motion following communications. McCain Associates, Chico. The engineers, on behalf of Pratt School Mall Company, file a late appeal on the Advisory Agency's condition 8 on tentative subdivision map, AP 40-234-01, five lots and common area, property located on hhe south side of Brown Street, west of The Midway, Durham area. See motion following communications. Louis C. and Edith Camenzind, Chico. Mr. and Mrs. Camenzind request that their property, AP 40-06-66 and 64 be excluded from the proposed "A-20" orchard and field crop zoning which is being considered for the area and that the property be placed in agricultural residential zoning with one acre minimum parcels. Referred to Planning Commission. Eunice Cathera, Chico. Mrs. Cathera writes concerning the operation of child care centers and an attorney's office in residential neighborhoods in Chico. Letter to be written advising her of the status of the lawsuit. Howard L. and Charlyne Cavanagh, Paradise. Mr. and Mrs. Cavanagh write appealing the penalty notice in accordance with the provisions of Section 480 of tfie Revenue and Taxation Code for failure to file a change of ownership statement. Referred to Administration. Paradise Junior Women's Club. The organization writes in support of funding for Rape 8risis Intervention. Information; no action taken. Chico Lioness Club. The organization writes in support of funding for ', Rape Crisis Intervention. Information; no action taken. California Women for Agriculture - Northern Sacramento Valley Chapter. The organization writes requesting that the Board proclaim March 19 ', as Agriculture Day inp~~a~te County. Letter of support to be sent. 142. March 10, 1981 81- a March 10, 1381 County of Tehama. Supervisor Burt Sundy writes asking that the Board of Supervisors consider a resolution concerning energy applications on hydxo~electric generation sites. Referred to Administration for answering. County of Ventura. The county writes in follow-up to an earlier request requesting monetary assistance in the cast of litigation involving the method of the valuation of oil and gas producing property for property tax purposes. Referred to Counsel. Michael C. Scranton, attorney at law. The attorney, on behalf of William Houston, files a claim in the amount of $100-,000 as a result of alleged injuries incurred in an automobile accident on January 13, 1981. See motion following communications. Rust, Armenis & Schwartz, attorneys at law. The attorneys, on behalf of Beverly Enterprises, dba Beverly Manor, submits a claim for damages involving the alleged wrongful death of Alfredo Plori. See motion following communications. Paradise Memorial Hall Committee. The committee writes requesting that the Board amend the restricted parking ordinance time limitation to four hour parking. Amendment to ordinance to be brought back. State Office of Emergency Services. The regional office forwards information concerning the county's participation in the emergency services program ending June 30, 1980. Information; no action taken. California Women for Agriculture - Northern Sacramento Valley Chapter. The organization writes in support of the south Chico rezone. Referred to Planning Commission. MAKE FINDTNGS PURSUANT TO SECTIONS 20-66 OF THE BUTTE COUNTY CODE: PUBLIC HEARTNG DATE SET FOR CONSIDERATION OF APPEALS On motion of Supervisor Saracens, seconded by Supervisor Lemke and unanimously carried, the following findings were made and public hearing dates set: 421 1. Finding the applicants thought they were appealing on time, a public hearing date of March 31, 1981 at 10:45 a.m. was set for consideration of Geddis, Driscoll and Associates, on behalf of Carroll Leason, appeal of conditions 13 and 14 on tentative parcel map, AP 25-23-69, four lots, property located on the west side of Highway 70, south of Palermo Road, south Butte County area. 2. Finding because of the Board's delay in approving the drainage study in Durham after the time of appeal, a public hearing date of March 31, 1981 at 11:15 a.m. was set for consideration of McCain Associates, on behalf of Pratt School Mall Company, appeal of Advisory Agency's Eondition 8 on tentative subdivision map, AP 40-234-01, five lots and common area, property located on the south side of Brown Street, west of The Midway, Durham area. REJECT CLAIMS On motion of Supervisor Wheeler, seconded by Supervisor Lemke and unanimously carried, the following action was taken: 422 1. Rejected the claim of William Houston in the amount of $100,000 as a result of alleged injuries incurred in an automobile accident on January 13, 1981 and referred to Counsel and Risk Management Coordinator. Page 143. March 10, 1981 81• 3 March 10, 1981 2. 12en3:ed--tFie=¢J~iin.of:Be~Terly'_Estterpri.ses,-dba Beverly Manor, for damages involving the alleged wrongful death-of Alfredo Flori as not being timely filed and referred to Counsel and Risk Management Coordinator. ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Lemke advised the Board had received information relative to the Area Agency on Aging from Glenn county. 423 Supervisor Lemke asked if the problem on the Burbank School site had been resolved? WAIVE PENALTY FOR CARRIAGE MANOR, WARREN APIBROSE RE: BUTLDING PERMIT On motion of Supervisor Saraceni, seconded by Supervisor Wheeler and unanimously carried, the building permit penalty for Carriage Manor, for Warren Ambrose was waived. 424 SEND LETTER OF SUPPORT TO PIC FOR BUTTE ECONOMIC DEVELOPMENT CORPORATION 425 Supervisor Saraceni stated fie was a member of the Butte Economic Development Corporation. There are some things going to the Private Industry Council (PIC) relative to BEDCo. This is relating to what is happening in the federal and state governments. They are trying to fill the gap of people being layed off from government jobs, It was moved by Supervisor Saraceni, seconded by Supervisor Wheeler that a letter of support for Butte Economic Development Corporation be forwarded to Private Industry Council (PIC). Supervisor Do~:an stated that the Board appointed PIC to make recommendations. They might come forward with the recommendation to send all the money back. She would rather let the process carry through and a recommendation come to the Board. PIC voted to have a subcommittee develop criteria they would like to see. She did not feel that the Board should take any action until the information comes forward from PTC. Supervisor Saraceni stated that BEDCo was from outside government. They are trying to help the people. He felt it was imperative to try to make jobs available in the private sector. Supervisor Dalan asked that this matter be continued for one week and placed on the agenda for consideration. She would like more information. Supervisor Saraceni stated PIC meets on March 17, 1981 and will make their decision on March 19, 19-81. He was asking the Board to support the motion. Vote on motion: AYES: Supervisors Lemke, Saraceni, Wheeler and Chairman Moseley NOES: Supervisor Dolan Motion carried. REPORT ON BURBANK SCHOOL SITE: CALL FOR BIDS ON PURCHASE OF THREE PARCELS WITHIN THE~CDBG TARGET AREA - (HCD) Steve Musselman, administrative anaylst, reported on the progress being made on the Burbank School Site. The reason for the delay is the designing of public improvements. By going out to bid all at once they get abetter price. 42 61 Page 144. March 10, 1981 y' ~ i 81. ~' 427 438 March. 10, 1981 Mr. Musselman stated that in light of the Board's decision earlier relative to the disposition of the three parcels to CHIP, he asked for authorization to prepare a contract and call for Tiids at a minimum price of $7,000. They would be letting individuals know about the property available. They would need assurances that the homes would be for low or moderate income people. On motion of Supervisor Saraceni, seconded by Supervisor Wheeler and unanimously carried, the call for bids on March 31, 1981 for the three parcels within the CDBG target area was authorized, TRANSFER RAPE CRISIS BUDGET FROM SHERIFF"S BUDGET TO CONTRIBUTTONS UNDER ETHER INCOME On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, the Rape Crisis budget was transferred from the Sheriff's budget to contributions under other income. AUTHORIZE SENDING OF LETTERS TO CITIES RE: SUPPORT FOR ORDINANCE TO BAN THE MANUFACTURE, DISTRIBUTION AND SALE OF ALL DRUG PARAPHERNALIA IN BUTTE COUNTX: AUTHORIZE SUPERVISOR WHEELER TO ATTEND CITY COUNCIL MEETINGS On motion of Supervisor Wheeler, s.aronded By Supervisor Saraceni and unanimously carried, Supervisor Wheeler was authorized to attend city council meetings and letters of support asking to be placed on the agenda for the ordinance to ban the manufacture, distribution and sale of all drug paraphernalia in Butte County was authorized. ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 1:15 p.m. to reconvene on Tuesday, March 17, 7.981 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK- RECORDER and ex-officio clerk - of the Board of Supervisors Chairman, Board of pervisors By . Page 145, March: l4, i981