HomeMy WebLinkAboutM031781March 17, 1981
OF CALIFORNIA )
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OF BUTTE )
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The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseley. Clif
Nickelson, administrative officer, by Mike Pyeatt, assistant administrative
officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk,
by Cathy Pitts, assistant clerk to the Board. Absent: Supervisor Lemke
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Saraceni
PRESENTATION BY WOMEN IN AGRICULTURE
Audrey Tennis representing Women in Agriculture presented each
Board member with a basket of items grown in Butte County. March 19, 1981
is National Agriculture Day.
APPROVAL OF MINUTES
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the minutes of March 10, 1981 were approved as mailed.
WAIVE FIRST READING SALARY ORDINANCE AMENDMENT
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the first reading of the salary ordinance amendment that
reclassifies several positions in the Public Works Department and Public Health
Department and reassigns the budget code unit of the Family Conciliation
Court for accounting purposes was waived.
POLICY DIRECTION RE: ADVANCEMENT ON SALARY SCHEDULE FOR ASSESSMENT CONTROL
OFFICER FROM STEP B TO STEP E, RANGE 24.5 FOR ASSESSORS OFFICE - CONTINUED
TO MARCH 24, 1981
Jim Rackerby, personnel director, set out the background of the
xequest by the Assessor. This is a policy decision. Under the rules an
employee who is hired advances through the steps in three and one-half
years. There is a provision in the Personnel Rules under Section 12.13 that
the Board can escalate the time moving through the steps when it is shown
it would be in the interest of the county to do so. Mr. Rackerby set
out the times in the Bast the Board had allowed the advancement on the salary
schedule.
Ed Brown, assessor, stated that in this case, the person has a long
time prior record with the county. He left the county employment for over a
year. His qualifications are so unique that he asked him to take over the
Assessment Control Officer position. The job is extremely critical for the
office. He felt that the advancement should be approved.
Supervisor Saraceni asked that the matter be continued so he
could receive more information on the matter.
The matter was continued to March 24, 1981.
433
AUTHORIZE AC UISITION OF E UIPMENT - COMPUTER TERMINALS
Mike Pyeatt, assistant administrative officer, set out the
background of the request to acquire display terminals, multiplexor unit
and printers for the County Clerk's Office, Sheriff's Department and Welfare
Department. This works hand and hand with the long range plan for the
county. There will be a price increase on April 1, 1981 for the equipment.
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, acquisition of display terminals, multiplexor unit and printers
Page 146.
March. l7, 1981
434
March 17, 1981
for the County Clerk's Office, Sheriff's Department and Welfare Department on
a lease basis in an amount not to exceed $2,600 per month, was authorized.
DESIGNATE COMMITTEE MEMBERSHIP - NEGOTIATION COMMITTEE FOR PROPERTX TAX
EXCHANGE
Mike Pyeatt, assistant administrative officer, set out the
background of the negotiation committee for property tax exchange
pursuant to Section 99 of the Revenue and Taxation Code. The Soard has
adopted two resolutions relating to special districts amassing additional
territory do not share within the $4 tax rate. They are hoping to negotiate
with the districts and cities relative to the increment value of property.
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the following were designated to the negotiation committee
for property tax exchange:
Supervisor Dolan
Auditor
Counsel
Administrative Officer
', 435 (APPROVE BUDGET TRANSFERS
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the following budget transfers were approved:
B-154 - Housing and Community Development rg ant (El Medio Ditch).
Appropriates $427 in professional and specialized services with revenue
coming from HCA program income to cover engineering services related to
the El Medio Ditch.
B-155 - Federal Revenue Sharing (El Medio Ditch)-. Transfers $400
from the jail addition project to contributions to other agencies (El Medio
Ditch) to cover a budgetary deficiency related to engineering services on
the ditch.
B-156 - District Attorney. This is the closeout transfer for the
Criminal Justice Information System decreasing federal aid, $139,615 and
state aid, $1,402 and increases the general fund reserve in the amount of
$89,358. The transfer also increases intro departmental transfers to the
District Attorney's budget in the amount of $6,114. The transfer is in
accordance with Soard of Supervisors action on December 16, 1980; Minute
Order 80-1968.
B-158 - Environmental Review. Transfers $400 from extra help and
$2,435 from professional and specialized services; with $400 going to
maintenance of equipment, $35 to memberships, $2,000 to office expense and
$400eto transportation and travel. The costs for equipment maintenance and
memberships is to cover the departmental membership in the Association of
Environmental Professionals. The increase in transportation and travel is
to cover the unanticipated use of a motor pool vehicle while the department
vehicle was being repaired.
B-159 - Recorder. Transfers $28 from office expense to fixed assets -
equipment in order to cover the cost of the state processing of the state
processing of fixed asset purchases.
B-160 - Community Action Program. Transfers $1,213 from the
reserve ; with $1,100 going to salaries and wages and $113 to fringe benefits
within the Community Action Agency 1979 YCCIP Beautification Program in order
to cover costs disallowed by the Department of Labor.
Page 147.
Mardi I7, 198(
March 17, 1981
B-161 - Public Works - Road Construction. Establishes an appropriatioi
in the amount of $65,000 for the Baggett-Palermo Road construction project.
Funding is from unanticipated revenue as follows: contributions from private
parties, $6,500 and federal aid, $58,500.
436 APPROVE DEED - BURBANK SCHOOL SITE (HCD)
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the deed to John D. and Susan L. Luellen for the sale of the
Burbank School site was approved and the Chairman authorized to sign.
-:437
APPROVE RENEWAL OF VARIANCE
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the following action was taken:
1. Approved renewal of variance to Sections 19-10 and/or 19-12
of the Butte County Code for placement of a mobile home on AP 27-17-9, 291
District Center Drive, Oroville area, zoning: "A-5" for Vincent H. Di11ey
2. Approved renewal of variance to Sections 19-10 and/or 19-12
of the Butte County Code for placement of a mobile home on AP 22-16-42,
2896 4th Street, Biggs area, zoning: "A-2" for Billie Terry
3. Approved renewal of variance to Sections 19-10 and/or 19-12
of the Butte County Code for placement of a mobile home on AP 28-31-2, Upham
Road, Bangor area, zoning: "A-5" for David E. White, Jr.
438
ACCEPT PROPOSAL OF PUBLIC WORKS DIRECTOR RE: STREET ADDRESSING FOR OROVILLE
AND CHTCO AREAS
Clay Castleberry, public works director, set out the background
of the street addressing for the Chico and Oroville areas. Chico has
jurisdicition over the major percentage of population. He would like
to have the street addressing ordinance modified to conform to what the
City of Chico and the City of Oroville are doing.
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the proposal for the street addressing in the Chico and
Oroville areas was- accepted and the Public Works Director was instructed
to work with staff to meet the needs of the people of Oroville and Chico.
439
AUTHORIZE FEE SCHEDULE CHANGE AT HEAL ROAD LANDFILL FOR SEPTIC DISPOSAL
Clay Castleberry, public works director, set out the background
of the request for an increase in the fee schedule for septic disposal at
the Neal Road landfill. He was asking to be allowed to charge $O1 per
gallon for a septic tank truck load. They have been charging $12 per truck.
Lynn Vanhart, environmental health director, set out the
locations for the septic disposal in the county. The Neal Road landfill
is for the ridge. It does not have the capacity for the entire county.
Hopefully when the septage:~study is completed, they will be able to
establish permanent facilities. Bruce Road facility has been closed.
This is why they established the facility off Highway 32. They are taking
every precaution.
On motion of Supervisor Saraceni, seconded by Supervisor Dolan
and carried, the fee schedule change to $.O1 per gallon for the Neal Road
landfill septicl disposal was approved subject to two--week notice to
contractors- using facilities.
440
ADOPT RESOLUTION 81-58 SETTING PUBLIC HEARING DATE FOR RENAMING OF COUNTY
ROADS IN OROVILLE AND PARADISE AREAS
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, Resolution 81-58 setting a public hearing date of April 21,
1981 at 10:00 a.m. for consideration of renaming of county roads in Oroville
and Paradise areas was adopted and the Chairman authorized to sign.
Page 148. March 17, 1981
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March 17, 1981
APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the following action was taken:
1. Approved the plans and specifications for Durham-Dayton
Highway, Project ~~44201-80-1 for reconstruction and widening to 32 feet of
pavement to provide for bike lanes on each side of the road from Butte
Creek Bridge to Esquon Road, from Esquon road to 0.3 miles east, for
construction and widening to a 26-foot wide paved road; the Chairman and
Director of Public Works were authorized to sign the plans; the wage scale
was adopted; and the bid opening was set for April 9, 1981 at 11:00 a.m. in
the Public Works Office.
441
2. Approved the Baggett-Palermo Road project to be included in
the current budget and work to proceed with the Baggett-Palermo Road and
Broyles Road, Fourth Street/ Ditzler Road Projects by equipment rental and
force account labor construction and contracting for construction materials
was authorized.
ADDITIONAL MATTERS PRESENTED BY PUBLIC WORKS DIRECTOR
442
Clay Castlefierry, public works director, stated that as a result
of community hearings, he will be asking the Board and Chico and SCAG to
consider two modifications in the Chico Clipper operation. One of those
modifications is to provide service two evenings a week and the other would
be to consider expanding the area in Chico to cover the area between Lassen
and Eaton Road. He will be bringing the matter back to the Board.
ADOPT ORDINANCE 2146: PUBLIC HEARING: WILLIAM EVERT/EVER-GLO, TN C. - DRAFT
EIR AND APPEAL OF DENTED REZONE FROM "R-1" (SINGLE-FAMILY RESIDENTIAL) AND
"R-3" (MEBTUM DENSITY RESIDENTIAL) TO "PA-C" (PLANNED AREA-CLUSTER), PROPERTY
LOCATED NORTH OF TOM POLK AVENUE, SOUTH OF LASSEN AVENUE AND WEST OF EL
PASO WAY, IDENTIFIED AS AP 44-21-67 & 68, CHICO
The closed public hearing on William Evert/Ever-Glo, Inc. draft
environmental 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 El Paso Way, identified as AP 44-21-67 and 68, Chico was
held as continued.
443
Supervisor Wheeler stated she still could not support the project.
She was going to vote against the project because of the proximity of
high density being put into a confined area and it is certainly not
solving the problem in that area. The county has made a commitment to
address the situation and work with the people in the area to find an
equitable solution that would lessen further impacts of traffic circulation
in the area. The people were told that a through road would be anticipated.
This will not only impact TompYolk Avenue but will impact the surrounding
neighborhoods. She asked that if the project is approved, she would like
permission to institute a traffic committee and resurvey the proposals
that were made and have another traffic study done in the area.
Supervisor Dolan felt that E1 Paso Way had a traffic problem.
To open Tom Poik Avenue would not solve the problem on E1 Paso Way. She
supported the compromise made on the density by the neighborhood in this
area. The original project was reduced in density. By agreeing to the
project sfie was not abandoning any commitment to the overall solution to
the problems. She felt the problems runing north and south are impacted
by the densities that have been allowed between Lassen and Eaton. She
would be happy to have the study committee. Some solution to the problem
would be an onramp system at Lassen Road.
Page 149.
March' 17, 1981
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March 17, 1981
Supervisor Saraceni supported the project with a private road.
Ke agreed with. the density of the project.
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and carried, the following was approved:
Finding that comments and recommendations from the public have been
attached to the draft ~~~nvironmental 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 Environmental Review Guidelines:
Having r"eviewed and considered the final environmental impact
report, the following findings were made:
(A) Development which occurs pursuant to projdct approval
is not expected to result in significant cumulative
effects on the environment because of mitigation measures
which will be attached as conditions of project approval.
Specific impacts and their disposition include:
1. increased traffic and possible increased congestion,
with associated air qua]3ty and traffic noise impacts.
These impacts were mitigated to a degree by the
redesign of the project which reduced the density
from 131 units to 96. Additionally, a contribution
toward a traffic signal at the East Avenue/Tom Polk
intersection will be made a condition of project
approval. Since the traffic problem in the neighborhood
exists independently of this project, and since traffic
from this project will not exceed the traffic carrying
capacity of either Tom Polk Avenue, East Avenue or
Lassen Avenue, and further because of the previously
mentioned mitigation measures, traffic impacts are
not deemed significant.
2. Potential increased traffic hazards. This impact
is not deemed significant for the reasons outlined
in item 1, above.
3. lncreased public service demands, especially on
public elementary school facilities in the local
area (Jay Partridge School). This impact is not deemed
significant, since school capacity exists elsewhere
within the Chico Elementary School District, and
boundaries can be shifted to equalize the student
population distribution.
4. Increased land use density and intensity of develogment.
Altered area land use character from this multiple-
family residential use. The design change which reduced
the density from 13I to 96 units brought the overall
project density to 6.5 which is close to~the 6 units
per acre specified for single-family residential areas
in the City of Chico General Plan. This reduction
also allowed for more open space and greater. building
setbacks, thQrebv reducing incompatibilities with
adjacent single-Family residential neighborhoods.
This impact is not deemed significant.
Page 15Q. March 17, 1981
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_ March 17, 1981
5. Loss of open space and agriculturally productive land
to intensive urban use. Tfiis project is surrounded
by urban developments which have already d'minished
the agricultural viability of the area. Since the
General Plan Open Space Element only calls for
preservation of agricultural areas outside designated
urban areas, this impact is not deemed significant.
6. Overcovering of land (54%) and increased drainage.
Reduction of water quality in drainage runoff.
Drainage channels which will receive the runoff
have sufficient capacity, and the quality of surface
runoff will be no different from urban runoff from
surrounding developed areas. This impact is in-
significant.
7. Tncreased area noise and light. This impact was reduced
by a redesign and relocation of the recreation area,
and by the inclusion of mitigation measures related to
sound and visual barriers and shielding fior lights.
These mitigations are to be made conditions of project
approval, so these impacts are deemed insignificant.
All other impacts not specifically mentioned are deemed
insignificant.
(B) The rezone is found to be consistent with X11 elements
of the Butte County General Plan.
The 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 o£ Lassen Avenue and west of E1
Paso Way, identified as AP 44-21-b7 and 68, Chico was approved, subject
to the following conditions; Ordinance 219b was adopted and the Chairman
authorized to sign:
1. Submit road and drainage plans to the Public Works Department for
approval, and install all the required facilities.
2. Provide 20 foot radius property line returns at all street intersections.
3. Indicate a 50 foot building setback line from the centerline of Tom
Polk Avenue. Indicate a 20 foot building setback line from the edge
of the roadway on main interior roads.
4. Street signs shall be provided by the developer at all street inter-
sections per County requirements. Submit four alternative street
names for each street to the County address coordinator for approval.
5. Street grades and other street features shall comply with engineering
standards.
6. Provide a permanent solution for drainage, or drainage requirements
shall be as shown on the tentative map.
7. All easements of record to be shown on the final map.
8. Street lighting shall be provided in accordance with County requirements,
accepted design criteria, and PG&E recommendations. Intersection
lighting is to be installed as indicated on the development plan.
Page 151.
M~rcIi 17, 1981
83
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9. T All exterior lighting shall be shielded, directed, and^located in
such a manner as to prevent glare to adjacent properties.
10. A 0.10 foot AC overlay shall be placed on Tom Polk Avenue from lip
of gutter to lip of gutter, from the development to East Avenue.
11. Provide a standard driveway approach at the intersection of the
interior road and Lassen Avenue.
12. All interior roadways are to be a minimum of 24 feet in width,
2 inch AC, AB with AC barrier curb.
13. Interior roads shall be designed and constructed so as to reduce
through-traffic circuation and speeds over 25 mph.
14. The point where the interior road meets E1 Verano Way shall be
used as an emergency exit only. A barrier shall be constructed,
and subject to approval by the Butte County Fire Department.
15. Grading plan shall be submitted to the Public Works•Department for
approval, and all the required facilities shall be installed.
16. Stop signs (exit traffic only) shall be placed at the project
entrances to Tom Polk Avenue and Lassen Avenue.
17. Storm drainage of that portion of the development located in Shasta
Union Drainage Assessment District (SUDAD) to drain to the SUDAD ditch
unless design calculations indicate that the portion of the development
in the southeasterly part of the SUDAD district can drain north to the
existing storm drain line at Lassen Avenue.
18. An off site sidewalk, constructed to County standards, shall be
provided on the west side of Tom Polk Avenue between the southerly
terminus of the project site and East Avenue. All other walkways
internal to the project shall be constructed of asphalt and developed
as shown on the development plan.
19. A seven foot fence be constructed and that there be a landscaping
area befiind the fence along property boundaries of residences on
Panama Avenue.
20. A pro-rata share (per unit developed based upon a total estimate
of $25,000) shall be deposited with the County as the developer's
share of the cost of a future traffic signal at the intersection of
Tom Polk AVenue and East Avenue.
21. Construction acitivities shall be restricted to normal daylight
hours, and all equipment shall be fitted with appropriate mufflers
to reduce construction noise.
22. Dust control measures such as sprinkling shall be implemented during
construction.
23. Landscaping shall be provided as indicated on the development plan to
achieve a visual and acoustic screen from adjacent residences, and
maintained in a living condition.
24. Fencing shall be provided as indicated on the development plan with
the exception that the fencing shall not exceed 42 inches in height
within 50 feet of the centerline of E1 Verano Way and within 50 feet
of the centerline of Tom Polk Avenue.
Page 152.
March 17, 1981
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25. Assessments shall be segregated or paid. - -
26. Fire hydrants are to be located as indicated by the Butte County Fire
Department on ttie development plan. The Iydrants are to be Clow Rich
950 Models or Long Beach Tron Works 614 Models installed according
to Department of Public Works Standard S1i27. Fire flow is to be
2000 GP,M, sustained for a period of at least 2 hours. Facilities shall
be subject to final inspection by the Butte County Fire Department,
and any other requirements shall be also met.
27. A letter or other documentation from the California Water Service
Company stating that they are willing and able to supply domestic
water to the development, and stating any prerequisites which they
may have, must be provided.
28. The sewage disposal systems within the development shall met the
requirements of the County Health Department and the California
Regional Water Quality Control Board.
29. A homeowners agreement that provides for the installation, maintenance,
and repair of the sewage disposal systems shall be provided, and be
subject to the review of the County Health Department and the
California Regional Water Quality Control Board.
30. A water main extension shall be required in accordance with California
Water Service Company Extension Rule 15. The facilities will be
designed by California Water Engineers, and an easement the width of
the traveled way through the development shall lie required.
31. There will be an easement provided for the northeast Chico sewer
district before final map is approved.
AYES: Supervisors Dolan, Saraceni and Chairman Moseley
NOES: Supervisor Wheeler
ABSENT: Supervisor Lemke
444
PUBLIC HEARING DATE SET
The following public hearing dates were set:
1. A public hearing date of April 7, 1981 at 10:15 a.m. was set
for consideration of Butte County Planning Commission proposed negative
declaration and rezone from "S-R" (suburban residential) to "R-3" (multi
family residential), property located on the east side of Burnap Avenue,
between Eaton Road and Lassen Avenue, identified as AP 44-33-12, T3, 14, i5
and 102, Chico.
2. A public hearing date of April 7, 14.81 at 10:30 a.m. was set
for consideration of MGN Farms proposed negative declaration and rezone from
"A-2" (general) to "A-160" (agricultural -- 160 acre parcels) and "R-C"
(resource conservation), property located on the east side of State
Highway 99 and on the south and east sides of Shippee Road, identified as
AP 41-19-17, 41-20-2, 9, 11, 40 and 51 and AP 41-23-08, northwest of
Oroviile.
445
ADOPT RESOLUTION 81-59 SETTING PUBLIC HEARING DATE FOR ROBBER R. SCOTT
ABANDONMENT OF PUBLIC UTILITIES AND RECREATIONAL EASEMENTS, PARADISE PINES
UNIT-3; LOT 120
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and carried, Resolution 81-59 setting a public bearing date of April 21,
1981 at 10:00 a.m. for consideration of Rosser R. Scott abandonment of
public utilities and recreational easements, Paradise Pines Unit 5, Lot 120
was adopted and the Chairman authorized to sign.
Page 153.
March. 17, 1981
March 17, 1981
DISCU55ION AND DIRECT8C7N TO PLANNING TO COMPLETE GENERAL PLAN HOUSING
ELEMENT AMENDMENT - CONTINUED TO MARCH 31, 1981
Discussion of completion of the General Plan Housing Element
amendment held at this time.
446
Bett}*e Blair, planning director, stated she had prepared a
memo in response to a letter from Connerly and Associates. They came to
the Board to give relief to the consultant in as much as there was limited
time in the project. She did not care who did the project as long as it
is completed.
Supervisor Saraceni set out his meeting with Connerly and
Associates. He proposed that the Board add AB 2853 to the Housing Element.
This will give the Board an opportunity to have more control over what
the county plans on doing in the Housing Element at a county level. Tf
AB 2853 is added to the element, it would be advisory in nature. Connerly
and Associates are willing to put in 40 more hours of work at no cost
to the county in working with the Planning staff to put the necessary
data needed together and have a draft reading for public hearings.
Supervisor Dolan stated she was very familiar with AB 2853.
She drew attention to a letter from the Office of Planning and Research
dated January 30, 1981 that delineates their agreement with the county's
request for an extension of time for development of the Housing Element that
outlines what the county will do. The county agreed to proceed based on
that.
Dan Blackstock, county counsel, stated there is a legal question
of going with the 1977 guidelines. By looking at Chapter 1143 of the 1980
laws, AB 2853, it is quite clear that the county can be grandfathered in
by seeking approval under the 1977 quidelines. They-talk in terms without
the question ipso facto provided the department has approved them. They
cannot approve anything the county has sent them officially. The main
difference in going with the 1977 guidelines, by law the county has to
come in within four years with new homes.
It was moved by Supervisor Saraceni, seconded by Supervisor Wheeler
that Connerly and Associates complete the Housing Element draft with
AB 2853 and the Planning staff assisting and supplying material to have
ready for a public hearing within 40 days.
Supervisor Dolan was not sure where that left the county.
There is general agreement the Housing Element cannot be completed with
40 hours of time. There must be 90 days in HCD, which can be done over
the summer.
Ms. Blair stated she would like clarification of the motion.
The Planning staff is to furnish all information needed by the consultant.
Her concern was on some of the points within AB 2853. She would like to
see immediate scheduling of what would be needed so staff is not put in
the posture of not providing information in a timely manner.
week.
Supervisor Wheeler asked that the matter Tie continued for one
Motion withdrawn.
The matter was continued to March 31, 1981.
Page 154.
March 17, 1981
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447
March 17, 1981
PUBLIC HEARING DATE SET
A public hearing date was set for April 14, 1981 at 1:30 a.m. for
a joint meeting of the Planning Commission and Board of Supervisors.
448 RECESS: 10:10 a.m.
RECONVENE: 10:31 a.m.
448 PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION BRAFT ENVIRONMENTAL IMPACT
REPORTS AND GENERAL PLAN AMENDMENT
The public Bearing on the Butte County Planning Commission draft
environmental impact reports and general plan amendments to?-the Land Use
Plan for the Biggs-Gridley area and the South Chico area~was held as
advertised.
Charlie Woods, planner, set out the background of the Biggs-
ley area amendment to the General Plan. He suggested that the
d consider eacB area separately during deliberations. The existing plan
the Biggs-Gridley area indicates a large area of low medium density.
of the low density would be changed to agriculture residential and
and and field crop. The existing areas would be designated low density
culture residential, some commercial uses and some medium fndustrial
The Planning Commiission recommendation to the Board also reflects
atible zoning. The holding pattern of 43,590 population includes
incorporated cities. This amendment would be advisory in nature to
cities.
Bill Sands, environmental review department, set out the
kground of the EIR. On Page 27 there is a summary of impacts that
ld potentially result with implementation of the amendment. There were
e potential significant adverse effects determined, which included storm
.off, increase in traffic along Hwy 99, increase in energy. The storm
inage problem and the loss of more than 300 acres of agricultural land
unavoidable.
Hearing on the Biggs-Gridley area Land Use Amendment open to the
lic. Appearing:
**
1. Jean Jackston. Ms. Jackson objected to the extent of the
A-5" zoning in the area. She felt the amount of five acre zoning was too
such. It would inhibit growth in the Gridley area. A multitude of five
cre parcels are not economically sound. This would force a higher price
'or the property in the area. She felt that one acre parcels would be
lore viable around the city and then move outward with five acre to
'orty acre farmland.
2. Galen Filmore. Mr. Filmore spoke regarding the land around
ley. He was concerned with the area designated "A-5" zoning. He was
erred about the Gridley Colony area. There have been homes placed in
area and this Bad prohibited the spraying of pesticides. He asked
this property be included in the residential designation. This land
be surrounded by development of either residential or industrial types.
sewer line is adjacent to the north corner of the property. He would
to see this property zoned "R-1" zoning. He was not sure that the
culture residential designation would allow for one acre parcels.
3. Lorrin Wise, member of Gridley Growth Committee. Mr. Wise
tared he would concur with Mr. Filmore's request. He would like to see
he property "R=3" zoning. He understood that the designation went from
uburban residential-one acre lots up to orchard and field crop. He was
of aware of any "A-5" designation. The growtFi committee looked at where
he homes were not and. tried to take in future growth for Gridley.
Page 155.
March 17, 1981
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4. Richard Aldridge. Mr. Aldridge was concerned with the number
five acre parcels designated. The people who live on agricultural land
Auld not be zoned one acre parcels. He felt tfie smaller lots should be
arted at the city and work outward from the city into bigger parcels.
5. Sally Agard, Biggs. Ms. Agard felt that growth should be
controlled for the future. She felt the land use plan as presented was
feasible. She did not 'lake £ive acre parcels. Her property is poor agricultural
land. She felt the type land she owned should be made into smaller parcels.
She lives east of Biggs.
Chairman Moseley felt there was a valid argument for having
parcels and then going further out with a bu€~er.
Supervisor Wheeler stated that if the county imposed the agriculture
residential designation in that area from Little Avenue to West Liberty, there
is a lot of inconsistent uses far below the designation because it begins
with "A-5" zoning. There are many parcels one-half to one-fourth acre
parcels in size.
Hearing on the General Plan Land Use amendment to the Biggs-
Gridley area closed to the public and confined to the Board.
Rae Wheeler, planning commissioner, stated that the City of
Gridley did not hold formal hearings on the changes but did consider them.
The Gridley Growth Committee was formed to consider land use in the area.
Tt was made up of a cross section of people in the community. A set of
recommendations came forward to the city council and to the Planning Commission.
Tfie same thing happened for Biggs. Specific zoning was not discussed.
Nora Wiley, planning commissioner for Gridley, stated she
served on the Gridley Growth Committee. The committee's recommendations
were sent to the planning commission and reflected in the overall General
Plan for Gridley. They worked with the county on the area of influence.
Mr. Wiser stated he was not involved with staff. The concept
behind the plan by the committee was to put the heavier population centered
in Gridley and then go outward.
Mr. Aldridge stated that when there is "A-5" zoning and a parcel
is considered ten acres, many times that parcel cannot be divided because
it may be just less than the ten acres.
Hearing reopened to the public and continued to April 7, 1981
at 11:15 a.m. relative to the General Plan amendment to the Land Use Plan
of the Biggs-Gridley area.
Mr. Woods set out the background of the General Plan amendment
to the Land Use Plan of the South Chico area. The issue that was predominant
was agricultural preserve versus urban development. The proposal
recommended by the Planning Commission was proposed orchard and field crop
on the east side of Midway with the exception of the industrial. Agriculture
residential would be north and including the tier of parcels below Entler
Avenue. There is some industrial west of Midway. South of Oroville-
Chico Highway residential calls for from agricultural residential.
There is still some dispute relative to the soil quality in the proposal,
There is contention at this point that this amendment is in conflict with
the proposal being considered by the Planning Commission in conjunction
with the overall land use for the entire Chico area. He asked that the
Board refer the South Chico area amendment to the Land Use Plan back to
the Planning Commission for consideration with the entire Chico plan.
Page 156.
March 17, 1981
March 17, 1981
The hearing was continued to later in the meeting.
S
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451
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453
ADOPT RESOLUTION 81-60 ACCEPTING OFFER OF FARMERS HOME ADMINISTRATION FOR
THE PURCHASE OF IMPROVEMENT BONDS TO BE ISSUED BY THE COUNTY OF BUTTE FOR
SOUTH OROVILLE ASSESSMENT DISTRICT, AND AWARDING SALE OF SAID BONDS TO
FARMERS HOME ADMINISTRATION
Bob Brunsell, bond counsel, set out the bids received on the
South Oroville Assessment District. There was only one bid received which
was from Farmers Home Administration in the amount of $12,500.
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, Resolution 81-60 accepting the offer of Farmers Home Administration
for the purchase of improvement bonds to be issued by the County of Butte
for the outh Oroville Assessment District, and awarding sale of said
bonds to Farmers Home Administration in the amount of $12,500 at an interest
rate of five percent was adopted.
PUBLIC HEARING: BUTTE COUNTY PLANNING COMNffSSION DRAFT ENVIRONMENTAL IM_P•ACT
REPORTS AND GENERAL PLAN AMENDMENT
The public hearing on the Butte County Planning Commission draft
environmental impact report and General Plan amendment to the Land Use
Plan for the south Chico area was held as continued.
Hearing on the south Chico area General Plan amendment to the
Land Use Plan open to the public. Appearing: No one.
Dan Blackstock, county counsel, stated the Board opened the
hearing. The Board is holding the hearing on both amendments. The
Board could refer the matter back to the Planning Commission.
On motion of Supervisor Saraceni, seconded by Supervisor Dolan
and carried, the south Chico area General Plan amendment to the Land Use
Plan was referred back to the Planning Commission to be considered
with the Chico urban area General Plan amendment.
ADOPT ORDINANCE 2197: WAIVE SECOND READING OF ORDINANCE ADDING SECTION 6
TO CHAPTER 2 OF THE BUTTE COUNTY CODE (WARRANT CANCELLATION) AND AMENDING
SECTIONS 71, 73, 73.5, 79 & 80 OF CHAPTER 21 OF THE BUTTE COUNTY CODE
(PROCEDURE FOR REASSESSMENT OF PROPERTY WHICH ZS DAMAGED OR DESTROYED, ETC.)
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and carried, the second reading of the ordinance adding 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; Ordinance 2197 was adopted and the Chairman authorized
to sign.
ADOPT ORDINANCE 2198: WAIVE SECOND READING OFl'ORDINANCE ADDING CHAPTER 34
OF THE BUTTE COUNTY CODE PROHIBITING THE DISTRIBUTION AND DISPLAY OF
DRUG PARAPHERNALIA
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the second reading of the ordinance adding Chapter 34 to the
Butte County Code prohibiting the distribution and display of drug
paraphernalia was waived; Ordinance 2198 was adopted and the Chairman
authorized to sign.
APPOINTMENT TO THE HOUSING ELEMENT TASK FORCE
The following people were appointed to the Housing Element Task
Force:
Bernice Stanhope, District #1
Page 157.
Mardi 17, 1981
March 17, 1981
- - Mary WaY ers, District 112
Michael McGinnis, District 112
Jim Jessee, District 412
Richard Fast, District 913
Roy Owen, District 113
a
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455
The remaining appointment = to the Housing Element Task Force
continued to March 24, 1981,
TS -- CONTINUED TO MARCH 24, 1981
The following appointments were continued to March 24, 1981:
la Appointment to the Agricultural Advisory Commission, District 5
2. Appointment to the Butte County Fair Board, District 5
3. Appointments to the Mental Health Advisory Board
PORT ON MEETING WITH AMBULANCE CONTRACTORS
Supervisor Dolan reported on the meeting held with the ambulance
ntractors. Tfie issue under discussion was the payment for the dry runs
lied by other than county officials.as opposed to dry runs called by the
ties. The ambulance operators have said they do not want to negotiate
th each of the cities and the county. If the Board wishes to pursue
is matter, the body that has a representative from each city is BCAG and
is matter could be placed on SCAG's agenda. This matter will be placed
the agenda for the April 1, 1981 BCAG meeting.
456 POINTMENT TO BUTTE COUNTY YOUTH PLANNING COUNCIL AND BUTTE COUNTY
LOYMENT AND TRATNTNG ADVISORY COUNCIL
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
nd carried, Roy Roney was appointed to the Butte County CETA Youth
lanning Council and the Butte County Employment and Training Advisory
ouncil (CETAC).
457
Associates, Chico. The engineers, on behalf of R. Grant Cline,
write appealing the 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 approxi-
mately 600 feet west of Skyway at Woodward Avenue; identified as
AP 64-67-12, north of Paradise. Set for hearing April 21, 1981
at 10:15 a.m.
Robison, attorney at law. The attorney, on behalf of Atelier
Corporation, appeals the draft environmental impact report and
denied rezone from "A-R" (agricultural-residential) and "H-C"
(highway commercial) to "MHP-4" (mobile home park - four dwelling
units per acre) to allow a 309 unit mobile home park on property
located on the southwest corner of Footfiill Boulevard and Oro-Bangor
Highway, identified as AP 36-22-3 and 161, southeast of Oroville.
Set for hearing April 7, 1981 at 10:45 a.m.
Graves & Associates, Oroville. The engineers, on behalf of Hershel
Shelly and David Mackey, request an opportunity to speak to
the Board concerning the "FR-10" zoning which was approved at
the last meeting, See discussion following communications.
Inc., Engineering-Surveying, Marysville, The engineers, on behalf of
Kent Parker, write concerning rock quarry opportunities in
conjunction with the r~zode that is presently set for hearing on
March 24, Discussed; no action taken.
Page 158. March. 17, 1981
- - _ _ _ _ _ _ - - - - = March 17 L 1981 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
5 Star Homes, Paradise. The firm, on behalf of Tom Brays, forwards
information concerning the chain of events in rezoning. of
property from "TPZ-160" to "TM-40" which. is currently Bending.
Information; no action taken.
California Chiropractic Association. The association writes requesting
the Board issue a proclamation designating May as "Correct
Posture Month." Administrative Office to send a letter advising
of Board policy.
Belcastro, Supervisor, Siskiyou County. Supervisor Belcastro writes
requesting that the Board appoint a Supervisor to be on the
Yield Tax Committee for the Northern California Supervisors
Association. Supervisor Dolan appointed.
458
Jeff Korber, attorney at law. The attorney, on behalf of William
Morrissey, files a claim in the amount of $100,000 as a result
of an incident occurring January 24, 19.81 involving the Sheriff's
Department. See motion following communications.
state Department of Parks and Recreation. The department writes forwarding
information and requests comments on the nomination of the
Magalia Community Church to the National Register of Historic
Places. See motion following communications.
California Regional Water Quality Control Board - Central Valley Region.
The Board forwards information requesting the Board's
assistance in updating the priority list for proposed 1982
Clean Water Grant projects. Referred to BCAG.
State Office of Planning and Research. The office forwards information
concerning the requirements of the California Environmental
Quality Act as they applied to the cancellation of Williamson
Acts. Referred to Planning and Environmental Review Departments.
Community Services Administration. The office forwards information
concerning the grantee program management system and requests
Butte County participation at a meeting to be held April 2,
1981 in San Francisco. Referred to Community Action Agency.
U.S. Department of Labor. The department writes clarifying language
which is being added to all CETA approval request letters
concerning limitations on actual levels of funding available.
Referred to Personnel Director.
Jim Minto, Durham. Mr. Minto writes canceling, the hearing schedule
for March 31, 1981 relative to appeal of the Advisory Agency's
decision on a boundary line modification on AP 38-18-15, corner
of White Drive and Taylor Avenue, Durham. Hearing to be
canceled.
MOTION TO REHEAR HERSHEL SHELLY AND DAVID MACKEY__REZONE FAILS
Supervisor Saracens felt that the Board should reconsider the
request of Hershel Shelly and David Mackey for a rezone to "FR-5" instead
of the "FR-10" zoning the Board apgroved last week. The Board should
either a~xp.rove the "FR-5" request .or,.deny the rezone. The engineers
felt that there was information not presented at the hearing that would
be of help to the Board.
Supervisor Dolan felt that maybe the Planning Commission should
the matter again. The Commission considered the "FR-5" zoning.
Page 159.
March~l7, 1981
March 17, 1981
Dan Blackstock, county counsel, advised that the Board would have
the jurisdiction to set a matter for hearing if the Board determines the
facts not brought forward at the original hearing. The hearing would have
to be advertised.
Supervisor Dolan stated the Board considered whether to just leave
the property in the "A-2" zoning and the Planning Commission recommended
"FR 20" zoning and the representatives of the developer were at the hearing.
She knew they wanted five acre parcels. It is within the prerogative of
the Board to approve something other than what was requested. The Board
also asked that this entire area be studied by the Planning Commission.
Supervisor Saraceni felt that the applicants requested "FR-5"
zoning and should have had that request either granted or denied. He
felt that matter alone should warrant rehearing of the matter.
Mr. Blackstock advised that if the Board were to reconsider
the mattex they would have to state that due to the facts not on the
record, not discussed, that shows anything that they did not argue at the
hearing, tfiat the Board would have to reverse their decision and set
the matter for an advertised hearing. The Board held over an hour hearing
on this matter. The Planning Commission considered "FR-10" zoning and
the Board decided to go with "FR-10" zoning. There is nothing legally
wrong with that decision.
It was moved by Supervisor Saraceni, seconded by Chairman
Moseley that the Board rehear the Hershel Shelly and David Mackey rezone.
Vote on motion:
AYES: Supervisor Saraceni and Chairman Moseley
NOES: Supervisors Dolan and Wheeler
Motion failed.
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46:
REJECT CLAIM - WILLIAM MORRISSEY
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the claim of William Morrissey in the amount of $100,000 as
a result of an incident occurring January 24, 1981 involving the Sheriff's
Department was rejected and referred to Counsel and Risk Management Coordinator.
LETTER OF SUPPORT TO BE SENT TO STATE DEPARTMENT OF PARKS AND RECREATION
RE: NOMINATION OF MAGALIA COMMUNITY CHURCH TO THE NATIONAL REGISTER OF
HISTORIC PLACES
On motion of Supervisor Dolan, second d by Supervisor Saraceni
and carried, a letter of support was sent to th~tate Department of Parks
and Recreation for the nomination of the Magalia Community Church to
the National Register of Historic Places.
ADOPT RESOLUTION 81-61 ASKING CSAC TO ADOPT RESOLUTION IN SUPPORT OF
KEEPING AMTRAX SERVICES IN THE WESTERN: STATES AND IN SUPPORT OF THE
REROUTING OF AMTRAK THROUGH CHI CO
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, Resolution 81-61 asking CSAC to adopt a resolution in support
of keeping Amtrax services on the routes now proposed, with the rerouting
of services through Chico, in the western states was adopted and the Chairman
authorized to sign.
'ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS
Supervisor Wheeler commented on the article in the Chico Enterprise
Record relative to the financing for the two libaries. She was concerned
Page 160.
March 17, 1981
March 17, 1981
about staff's comments relative to this issue.
Dan Blackstock, county counsel, stated he was going to have
an agenda item on this matter for next week. This report will set out
where-the county stands, what the interest rates look like, and the
fact that bond counsel is working on the matter. The county was originally
told it would take six months to get information from the TRS relative
to the corporation.
Supervisor Wheeler stated the Board had made a commitment to
build the libraries. She felt it was important the general public was
aware that the Board made that commitment.
There being nothing further before the Board at this time, the
meeting was adjourned at 12:24 p.m. to reconvene on Tuesday, March 24,
1981 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
RECORDER and ex-offido Clerk
of the Board of Supervisors
'Chairman, Board of'Su rvisor~~
By
Page 161.
Mardi 17, 1981