HomeMy WebLinkAboutM040379April 3, 1979
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STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
C1if Mickelson, administrative officex; Dan Blackstock:, county counsel,
by Del Siemsen, deputy county counsel:; and Clark A. Nelson, county clerk,
by Cathy Pitts, assistant clerk to the Board.
Pledge of Allegiance to the Flag of the United States of America
invocation by Supervisor Moseley
APPROVAL OF MINUTES
On motion of Supervisor Dolan, seconded by Supervisor Winston
and unanimously carried, the minutes of March 27, 1979 were approved as
mailed.
ACCEPT ANNUAL AFFIRMATIVE ACTION REPORT AND APPROVE PLAN FOR 1979-80
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, .the annual affirmative action report was accepted
and the plan for 1979-80 was approved.
APPROVE CONSTRUCTION OF HOLDING CELLS - CHICO SUBSTATION AND APPROPRIATION
OF $20 000 FROM REVENUE SHARING
Gerald Lively, deputy administrative officer, set out the background
of the request for the holding cells for the new Chico Substation. In order
to construct this or any other jail there has to be coordination with the
State Board of Corrections. The additional $20,000 was not included in the
$85,000 already in the budget.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, construction of the holding cells for the Chico
Substation was approved and $20,000 from revenue sharing was appropriated.
APPROVE PLANS AND SPECIFICATION - LIGHTING.IMPROVEMENTS - BUTTE COUNTY FAIR
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the plans and specifications for the Butte County
Fairgrounds lighting improvements were approved and a call for bids was
authorized.
APPROVE PARTCING CITATION AGREEMENT
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the parking citation agreement between the City of
Chico, County of Butte and the Judge of the Chico Municipal Court for the
transfer of clerical functions relating to the prosecution of parking vio-
lations in the court for the period April 9, 1979 through June 30, 1980 which
contains extension provisions was approved and the Chairman authorized to aign.
APPROVE BUTTE COUNTY ASSOCIATION OF GOVERNMENTS (BCAG) COOPERATIVE AGREEMENT
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, an amendment to the Butte County Association of
Governments (BCAG) Cooperative Agreement which would extend the term of
the agreement six months from its scheduled termination date of April 15,
1979 was approved and the Chairman authorized to sign.
ADOPT RESOLUTION 79-58 AUTHORIZING PARADISE JUSTCE COURT JUDGE AS APROJECT
DIRECTOR FOR PARADISE JUSTICE COURT LAW LIBRARY PROJECT AND APPROVED
TRANSFER OF $261 FROM THE RESERVE
On motion of .Supervisor Wheeler, seconded by Supervisor Dolan
and carried,.-_ltesolution 79-58 authorizing the Paradise Justice Court Judge
as the project director for the Paradise Justice Court Law Library Project
for an application with the Office of Criminal Justice Planning for a one
time CCCJ grant for the purpose of acquiring various law books for
the Law Library with the total amount of the application $5,215
Page 220. April 3, 1979
Aril 3, 1979
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(federal, $4,694; state, $260; and local, $261) was adopted and the
Chairman authorized to sign; transfer of $261 from the reserve .was
approved. AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke.
NOES: Supervisor Winston:
550 ADOPT RESOLUTIONS 79-59 AND 79-60 RE: AB 90 JUSTICE SYSTEM SUBVENTION
PROGRAM APPLICATION
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the following resolutions were adopted regarding the AB 90
Justice System Subvention Program Application and the Chairman authorized
to sign:
Resolution 79-59 giving assurances of the nonsupplantation of
County funds by the County Justice System Subvention Program Application.
Resolution 79-60 approving the County Justice System Subvention.
Program Application for Butte County .
AYES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke.
ABSTAINING: Supervisor Winston. '
5511 PUBLIC HEARING DATE SET
A public hearing date of April 24, 1979 at 10:00 a.m. was set
for consideration of SB 31 state bail-out funds in the amount of $318,000.
552 APPROVE BUDGET TRANSFERS
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the following budget transfers were approved:
B-11 robation and District Attorney (AB 90 Juvenile"Justice
Subvention Pro ram Transfers $8,798 fxom with n various accounts of the
AB 90 Juvenile Justice System Subvention Program in order to correct
Transfer B-78 where appropriations were placed erroneously in improper
accounts.
B-114 Assessor. Transfers $135 from rents and leases of equipment
to special department expense in order to place the appropriation for a
special telephone line for Data Processing communications in the proper
budgetary account.
B-115 Community Action Pr, ogram - OEO Housing Winterization
Program. Establishes an additional appropriation for the EOC Housing
Winterization Program as follows: fringe benefits, $840; travel, $I ,632;
consumable sugplies, $1,031; rents and leases and purchases of equipment,
$9,600; other costs, $3,120; matching in=kind contribution, $6,953. The
transfer also reflects a decrease in in--kind contributions from a prior
year in the amount of $6,953 and, together with additional federal aid
from the Community Services Administration in the amount of $16,223,
represents a total transfer of $23,176. This increase is brought about
by reprogramming of 1977 carry--over funds which was approved by the
Community Services Administration on March 21, 1979.
B-116 Fire Protection. Transfers $9,770 from the reserve to
equipment maintenance in order to provide an additional approp--riation to
cover a deficiency caused by the required major repair to afire engine
involved in a traffic accident.
APPROVE ECONOMIC OPPORTUNITY COUNCIL (EOC) ITEMS
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the following EOC items were approved:
Page 221.
April 3, 1979
AQril 3L 1979
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1. Approved Crisis Intervention Program contract which would
provide relief from energy related crisis which endanger health or increase
energy cost and would provide a one time payment up to $250 for low income
families to pay outstanding fuel bills and other crisis related to items
such as blankets, etc. in the amount of $5,516 and authorized the Chairman
to sign,
2. Approved Emergency Energy Assistance Program contract which
would provide relief from energy xelated crisis incurred during the winter
of 1977-78 which endangered health ox resulted in increased energy costs
and would provide for one time payment of $250 per qualified iow income
family to pay for outstanding fuel bills and other crisis related items
in the amount of $7,171 and authorized - Chairman to sign.
PUBLIC HEARING RATES SET
The following assessment roll correction were set for public
hearing on April 24, 1979 at 10:30 a.m.:
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1. Sandra Purcell, AP 12-20-2-007-0.
2. Bill Chapman, AP 12-14-1-010-0.
3. Parrott Ranch Company, AP 38-28-0-002-0 and 38-28-0-001-0.
4. Edwin Hulse, AP 34-53-0-051-1.
5. Robert and Emma Weir, AP 36-42-0-037-0.
6. Fay Beaver, AP 36-45-0-021-0.
PUBLIC HEARING DATE SET
A public hearing date of April 17, 1979 at 10:00 a.m. was set
for consideration of Alma Keller petiton for variance to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home at
Route 1, Box 474K, Nord Highway, Chico, AP 44-28-18. Zoning: "A-2".
555
REPORT ON INCREASE iN-HOME SUPPORTIVE SERVICES FUNDING ( WELFARE)
The report on the increase of in-home supportive services
funding regarding the Welfare Department was accepted as informational;
no action taken.
556
ADOPT ORDIP?ANCE 2013: .WAIVE SECOND REAMING OF ORDINANCE AMENDING CHAPTER 26
OF THE BUTTE COUNTY CODE CONCERNING CORRECT SIZE NUMBERS TO BE DISPLAYED
UPON BUILDINGS OR LANDS
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the second reading of the ordinance amending
Chapter 26 of the Butte County Code concerning correct. size numbers to
be displayed upon buildings ox lands was waived; Ordinance 2013 was adopted
and the Chairman authorized to sign.
557
APPROVE RIGHT-OF-WAY ACQUISITION, AGREEMENT FOR SALE, CLARK ROAD
558
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the following right-of-way acquisitions, agreements
for sale for Clark Road 57452-74-2 were approved; the Chairman authorized
to sign and the Auditor authorized to issue warrants upon demand of County's
escrow agent:
Wrex Howard, et al 0.006 ac. $100 No. Impr. $100
E. J. Sandoval, et al 0.015 ac. 424 No. Impr. $424
Page 222.
April 3, 1979
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ACCEPT RECOMMENDATION RE: CHTCO LIBRARY SITE DRAINAGE
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the recommendation to keep all drainage on site
through dxy wells as a part of development, design and contract and agree
to pay fair share of future storm drain ($4•,200 per acre) as other
developments have in the area for the Chico Library site drainage was
accepted.
APPROVE REQUEST - CHAIDEZ TENTATIVE PARCEL MAP
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the request by Compton Surveying to ,pay a portion of
the fire hydrant installation ($537.50) rather than install the hydrant for
the Chaidez tentative parcel map was approved.
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ADOPT RESOLUTION 79-61 DECLARING THROUGH HIGHWAYS
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, Resolution 79--61 declaring through highways
was adopted and the Chairman authorized to sign.
APPROVE PLANS AND SPECIFICATIONS - TRAFFIC SIGNALS AT OLIVER AND SKYWAY,
PROJECT 51261-78-2
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the plans and specifications for the traffic
signals at Oliver and Skyway, Project 51261-78-2, were approved and
the Chairman and Director of Public Works were authorized to sign said
plans; the wage scale was adopted; the bid opening was set at 11:00 a.m.,
May 3, 1979, at the Public Works Office.
PUBLIC HEARING DATE SET
A public hearing date of May 8, 1979 at 10:00 a.m. was set
for consideration of the Butte County Planning Commission draft environmental
impact report and General Plan Land Use Element.
APPOINTMENT TO THE BIGGS SWIMMING POOL DISTRICT ADVISORY COMMITTEE
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, William Callaway was appointed as a member to
the Biggs Swimming Pool District Advisory Committee.
DISCUSSION OF LETTER FROM METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
CONCERNING SUPPORT FOR CONSTRUCTION OF THE PERIPHERAL CANAL - CONTINUED TO
APRIL 10, 1979
The discussion of the letter from Metropolitan Water District
of Southern California concerning support for construction of the Peripheral
Canal was continued to April 10, 1979.
COMMUNICATIONS
Bachman & Associates, Chico, The engineers, on behalf. of Daryl and Jan
Clark, appeal the Advisory Agency's denial of a tentative parcel
map and setback requirements for AP 52-26-104, located on the
southwest corner of Sunburst Drive and Filbert Street, Paradise.
Set for hearing May 1, 1979 at 10:15 a.m. Counsel and Health
Department urged to reconcile situation if possible before the
hearing.
Ruth B. Taylor, Oroville. Ms. Taylor writes concerning the storing of wrecked
railroad cars ofi the Solano Rail Car Company. Referred to
Planning Department and Zoning Inspector with Supervisor
Moseley to be notified so she may be present at meeting.
Page 223
April 3', 1979
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APPROVE LARKIN ROAD PAVING PROJECT REVISIONS WITH $40,000 TO COME OUT
OF ROAD RESERVE FOR ROAD MAINTENANCE: LONE TREE ROAD PAVING TO REMAIN.
IN THE- BUDGET°AT $/~~,000
Clay Castleberry, public works director, stated that the Lone
Tree Road paving project was in the budget •for $40,000. He recommended
that the road not be paved at this time so that other roads could be taken
care of.
Mrs Little spoke regarding the Lone Tree paving project. She
would like to see the road paved as the dust creates a health hazard for
her. There were petitions that had been presented for this road work
to be done. She felt that the paving on Lone Tree lb ad should be done.
Mr. Castleberry stated that he felt that Lone Tree Road
should be postponed and the other projects done. It is a matter of priorities.
There is $40,000 in the road reserve but he was hesitant to use those funds
as they are waiting far the bid opening on three projects at this time.
If the money was not needed he would be happy to come back to the Board
with a request to use the funds for paving of Lone Tree Road.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the Lone Tree Road paving project is to remain
in the budget, namely at $40,000, to pave Lone Tree Road and $40,000 fxom
the road reserve is to be used to carry out road maintenance for oiling and
chip surfacing of the following roads by county crews: Lower Wyandotte
Road - city limits to Las Plumas Avenue, Palermo Road -Lincoln Blvd. to
Upper Palermo, Lone Tree Road - Cox Lane to Palermo Road, Tehama Avenue -
Grand Avenue to 18th, Canyon Highlands Drive - Acacia Avenue to Valley View,
Durham-Nelson - Service Street to Dayton-Durham, Dos Rios Road -Larkin
to East Biggs, Larkin Road - Oro-Gridley to O'Brien, Richvale South -
Hwy. 162 to Richvale East, Richvale West - Goodspeed Watt East three miles,
Goodspeed Watt - Hwy. 162 to Richvale West, Nelson West - Midway west
1.3 mile, Goodspeed Watt - Butte Creek 1.4 mile south.
AUTHORIZE LONE TREE ROAD PROTECT TO BE DONE BY CONTRACTING FOR GRAVEL
HAUL IN PLACE AND HIRING BY FORCE ACCOUNT
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the Lone Tree Road project was authorized to
be done by contracting for gravel haul in place and hiring by force
account.
COMMUNICATIONS
City of Chico. Mayor Thorn writes regarding the Chico Municipal Airport -
Airport Environs Plan and request that the Board adopt the plan
as a guideline for the development of a land use plan in the
airport area. Referred to the Planning Commission.
Paradise Fire Protection District. The District writes requesting $28,398
be allocated from state bail out funds. Referred to the Auditor
for report back next week, April 10, 1979.
California State University, Chico. Fred Brooks, Rollie Berger and Sam V.
Lankford write requesting to speak to the Board in the near
future concerning a proposal for the updating of the recreation/
tourism element to the Butte County General Plan. Referred to
the Planning Commission for a recommendation to the Board on
April 10, 1979.
California Rural Legal Assistance, Marysville. The firm writes forwarding
information concerning a pesticide drift damage suit in the
Honcut area and a hear-lug has been requested before the State
Department of Food and Agriculture. Information; no action taken.
Page 224. April 3, 1979
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State Department of Transportation. The Department writes concerning the
U.S. Department of Transportation's recommendations on the
restructuring of the Amtrak route system. See motion following
communications.
United States Post Office, Paradise. The Postmaster writes requesting
the Board give consideration to installing a planter strip between
the curbs and sidewalks in the Claxk Road widening project.
Referred to Public Woxks to discuss the matter with the Postmaster.
AUTHORIZE CHAIRMAN TO SEND LETTER URGING REROUTING STARLIGHT TRAIN,
AMTRAK, THROUGH EAST SIDE OF VALLEY
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and carried, the Chairman was authorized to send a letter urging rerouting
of the Starlight train, AMTRAK, through the east side of the valley.
AYES: Supervisors Dolan, Wheeler, Winston and Chairman Lemke. NOES:
Supervisor Moseley.
ADDITIONAL MATTER PRESENTED BY CHAIRMAN LEMKE
Chairman Lemke stated that he had received a letter from Skyway
Pet Hospital in opposition to the Burger King proposal in Paradise. The
letter referred to the Planning Commission .
RECESS: 9:50 a.m.
RECONVENE: 10:05 a.m.
ADOPT RESOLUTION 79-62: PUBLIC HEARING UNDERGROUND UTILITY DISTRICT ON
HIGHWAY 32 - TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH OR SAFETY
REQUIRE FORMATION OF DISTRICT
The public hearing on the underground utility district on Highway
32 to determine whether public necessity, health or safety require formation
of the district was held as advertised.
Clay Castleberry, public works director, set out the background
of the district. This is a coordination with the utility companies and
the City of Chico. This would be an underground project to do the work
on Highway 32 which is paid for by 2~ of the utility bills and by the
state Public Utility. This comes to the cities and the counties in alloca-
tions. The state is planning to widen Highway 32. There would be a cost
to adjacent property owners. This would be a cost from the property line
to the place of business or the residence. This would also allow construction
on a naxrow right-of-way. Each property owner •would be notified to be
prepared to have services ready for underground services at a particular
date. The City of Chico is holding their own hearing on the formation
of the district. This district would be the use of county allocations.
Hearing open to the public. Appearing:
1. Mr. Ortega. Mr. Ortega stated that he was present to find
out what would be happening if the district was formed.
2. Chuck McClue, PG&E. Mr. McClue stated that the people
in the area were presented with right-of-way papers along the assessment
district boundaries. .The property owners were asked if they would grant
10-foot easements to PG&E and PT&T in order to place the facilities on
private property. The primary cable will be out in the street. The reason
for the easements would be to place the transformer pads and service connec-
tions on private property. Their comgany can supply the first 100 feet
of service connections to the property owner. The cost of the trenching
would have to be gicked up by the property owner. Not alI of the 10-foot
easement would be utilized. page 225.
April 3, 1979
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April 3, 1979 -
3. Joe Johnson. Mr. Johnson was opposed to the formation of
the district. He felt that the overhead utilities were fine. It would
cost a great deal of money to put in undergrounding on his property.
4. Wally Warner. Mr. Warnex did. not feel there would be any
advantage for having the utilities underground. There would be a sizeable
expense to put in undergrounding because there would have to be removal
of fences and gasoline tanks.
5. Charles Mavis. Mr. Mavis felt that the existing poles should
be retained. He asked if there was any assurance that if the lines were
put underground that there would not be trouble.
Mr. McClue stated that the existing poles would have to be
taken down whether the district was formed or not. There would be a need
for the right-of-way whether the district were formed or not..
6. Mrs. Ferriara. Mrs. Ferriara stated that if the transformer
pads are hazardous to the bike path wouldn't they be hazardous to the
individual property owners. ~ '
Mr. McClue set out the reason that the pads were hazardous to
the bike path. A bike fire can fall through the pads. The pads would
be placed as close to the corner of the property as possible. Not every
property owner will have the pads on their property.
7. Bob Staples. Mr. Staples asked if the business progerty
would be treated differently.
Mr. McClue stated that the business property would be treated
the same as the residential property. The first 100 feet of cable would
be supplied to the business.
Mr. Staples questioned Mr. McClue as to whether they would have
to move the front island of gasoline pumps due to the 10-foot easement?
Mr. McClue stated that the company was not trying to run
electric lines under gasoline pumps.
8. Barbara Brown. Ms. Brown spoke regarding the widening of
Nord Avenue. The right-of~-way agent was out to speak to her.
9. William Mendonza. Mr. Mendonza questioned Mr. McClue
about the 10-foot easement.
Mr. McClue stated that not every property owner would have a
transformer pad.
10. Joe Johnson. Mr. Johnson felt that the overhead poles
would not detract from the property.
11. Mr. Ortega. Mr. Ortega asked if there was an assessment
on the property what would it consist of.
Mr. McClue stated that trailer parks come under state jurisdiction.
Hearing closed to the public and confined to the Board.
Page 226.
April 3, 1979
April 3, 1979
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On motion of Supervisor Dolan, seconded by Supervisor Winston
and unanimously carried, Resolution 79-62 determining public necessity,
health or safety requires the formation of an underground utility district
on Highway 32 was adopted and the Chairman authorized to sign.
RECESS: 10:55 a.m.
RECONVENE: 11:00 a.m.
ADOPT ORDINANCE 2014: PUBLIC HEARING BUTTE COUNTY BOARD OF SUPERVISORS
PROPOSED NEGATIVE AECLARATION AND AN AMENDMENT TO ALL "C-2" (GENERAL
COMMERCIAL) ZONING DISTRICTS TO ALLOW DRIVE-TN RESTAURANTS WITHOUT FIRST
SECURING A U5E PERMIT
The public hearing on the Butte County Board of Supervisors
proposed negative declaration and amendment to all "C-2" (general commercial)
zoning districts to allow drive-in restaurants without first securing a
use permit was held as advertised.
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Earl Nelson, environmental review director, set out the background
of the negative declaration. The project would affect the permitted
uses of all "C-2" zoning throughout the county. Tt would eliminate the
use permit requirement. He recommended a negative declaration.
Bettye Blair, planning director, set out the background of
the amendment. The Planning Commission considered this proposal at
the request of the Board of Supervisors. The Board has copies of the
Planning Commission minutes and correspondence from MAC.
Clay Castleberry, public works director, stated that the building
permit ordinance makes specific requirements for urban improvements which
includes drainage. The improvements can be handled through this ordinance.
Hearing open to the public. Appearing: DeVere Pace. Mr.
Pace spoke in favor of the amendment.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, finding the proposed project could not have a
significant effect on the environment, a negative declaration was accepted.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and carried, finding that the proposed amendment to the "C-2" ordinance
would be in keeping with the uses presently allowed under the "C-2" districts
and finding that generally speaking such change would not affect the
_. _ - _
!Gene.r.al~.Plan;__the uses permitted _in_.the.- "C-2°_ -zone..-were... amended- to-.include- ........'
drive-in restaurants; Ordinance 2014 was adopted and the Chairman authorized
to sign.- AYE5: Supervisors Moseley, Wheeler, Winston, and Chairman Luke.
NOES: Supervisor Dolan.
ADOPT ORDINANCE 2015: PUBLIC HEARING: RAYMOND HOLT PROPOSED NEGATIVE
DECLARATION AND REZONE FROM "A-2 LIMITED" (LIMITED GENERAL) TO "R-1"
(SINGLE FAMILY RESIDENTIAL} PROPERTY LOCATED APPROXIMATELY 250 FEET EAST
OF CLARK ROAD AT THE SOUTHERN PACIFIC RAILROAD CROSSING, IDENTIFIED AS
AP 50-013-21, CONTAINING 9.54 ACRES, MORE OR LESS. PARADISE
5 74
The public hearing on the Raymond Holt proposed negative declaration
and rezone from "A-2 limited"(limited general) to "R-1" (single family
residential) property located appxoximately 250 feet east of Clark Road
at the Southern Pacific Railroad crossing, identified as AP 50-013-21,
containing-9.54 acres, more ox less, Paradise. was held as advertised.
Page 227.
April 3, 1979
April 3, 1979
Earl Nelson, environmental review director, set out the background
of the negative declaration. There was an environmental study done on
the project for the subdivision. The rezone is a follow up to the action
of the tentative map approval.
Bettye Blair, planning director, set out the background ,of
the rezone.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Dolan, seconded by Supervisor Winston
and unanimously carried, finding the proposed project could not have a
significant effect on the environment a negative declaration was approved.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, the rezone from "A-2 limited" (limited general)
to "R-1" (single family residential) property located approximately 250
feet east of Clark Road at the Southern Pacific Railroad crossing, identi-
fied as AP 50-013-21, containing 9.54 acres, more or less, Paradise was
approved finding that the rezone is in conformity with the General Plan
and in the best interest of the community and the county; Ordinance 2015
was adopted and the Chairman authorized to sign.
5 75
PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION - PROPOSED NEGATIVE
DECLARATION AND GENERAL PLAN AMENDMENT FOR PROPERTY LOCATED SOUTH OF
EAST 20TH STREET, EAST OF FAIR STREET, NORTH OF THE BUTTE COUNTY
FAIRGROUNDS, AND WEST OF THE CHICO CITY LIMITS, AND PROPERTY
LOCATED AT THE BUTTE COUNTY FAIRGROUNDS, AT EAST PARK AVENUE AND
FAIR STREET
The public hearing on the Butte County Planning Commission
proposed negative declaration and General Plan amendment to change existing
industrial designatson to medium-low density residential and public .
designations, property general described as: medium-low density residential:
that property located south of east 20th Street, east of Fair Street,
north of the Butte County Fairgrounds, and west of the Chico city limits,
Public: that property owned by the County of Butte, State of California,
located at the Butte County Fairgounds, at East Park Avenue and Fair
Street was held as advertised.
Earl Nelson, environmental review director, set out the background
of the negative declaration. Mr. Nelson stated that this amendment comes
ahead of the larger rezone proposal. The environmental check list was
prepared for both projects of 130 acres. Many of the impacts on the
checklist relate to the rezone rather than the General Plan amendment.
The proposal reflects the existing uses in the area and brings the Plan
into conformity with the existing uses on the ground. He recommended
a negative declaration.'
Bettye Blair, planning director, set out the background of the
General Plan amendment. This amendment would be reflective of the existing
land uses. The Planning Commission received correspondence relative to
this amendment. She suggested that the Board hold their decision on the
amendment until the other General Plan amendment comes before the Board
on May 8, 1979. There were some parcels excluded at the Planning Commission
hearing.
Hearing open to the public. Appearing:
Page 228..
April 3, 1979
April 3, 1979
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1. Joseph Campbell, executive director of Chico Work Training
Center. Mr. Campbell stated that the Center has property on Mulberry
Street for future development. If the amendment is approved the development
cannot take place.
2. Harvey "Pete" Peterson. Mr. Peterson stated that there is
property in the area that is.: residential and the adjacent area is nearly
all industrial. There are a number of good industrial businesses in the
area at the present time. This industrial property is proposed to change
to residential area. If residential is allowed to go into the area it will
confine the industrial business in the area. This same thing happened
in Paradise. This area does not seem conducive to residential uses.
The railroad spur is not shown on the General Plan map. If the amendment
is approved there will be residential areas through a railroad area.
He was opposed to the change.
3. Rick Shock. Mr. Shock stated that he has a proposed
development for the area. This would be for low income housing and looking
at solar. This is zoned "R-3" high density at the present. The amendment
would stop the project as the density would be changed and the cost would
be too much. He felt that the area would hold residential uses.
4.' Sherman Frost. Mx. Frost asked if his property was included
in the area being considered. He was advised that his property was not
in the proposed change.
5. Walter Brook. Mr. Brook asked how the amendment would affect
his day care center.
Ms. Blair stated that the medium low density would provide for
residential use up to 8 per acre. It would change the industrial use
to residential use. The industrial density would not allow proposed
residential uses.
The hearing was continued to May 8, 1979 at 10:00 a.m.
576
PUBLIC HEARING:-JOHN J. AND DORA RUBBLE -APPEAL (M.K. SHEPHERD) OF
NEGATIVE DECLARATION AND USE PERMIT TO ALLOW MANUFACTURING OF PRE-CAST
CONCRETE ITEMS ON PROPERTY ZONED "A-2" (GENERAL} LOCATED ON THE SOUTHEAST
CORNER OF LARKIN ROAD AND LATTIN ROAD, IDENTIFIED AS AP 25-07-20, EAST
OF BIGGS
The public hearing on the John J. and Dora Hubble appeal (M.K.
Shepherd) of the negative declaration and use permit to allow manufacturing
of pre-cast concrete-items on property zoned "A-2" (general) located on the
southeast corner of Larkin Road and Lattin Road, identified as AP 25-07-20,
east of Biggs was held as advertised.
Earl Nelson, environmental review director, set out the backgxound
of the negative declaration. The project is a request of a use permit
for a small manufacturing business. There are three employees in the
operation. There would be about 25 trips per month. The present business
is located to the south. The surrounding uses are residential and agricul-
ture. The character of the area is predominantely agricultural although
there are six homes within 300 feet of the proposed project. The use
requested is of an industrial nature. There are impacts of dust, noise
truck traffic and change in the physical characters of the site. There
are mitigation measures that can be applied to reduce the impacts.
He recommended a conditional negative declaration with four conditions.
Bettye Blair, planning director, set out the background of the
use permit. The difference between this use permit and the Bangor problem
Page 229.
April 3, 1979
April 3, 1979
is the zoning. This project is in "A-2" zoning and the Bangor area was
zoned "A-5".
Chairman Lemke stated that the Board had received letters of
opposition from Bob Freeman and Ann Zammitt,
Hearing open to the public. Appearing:
1. Ann Shepherd. Mrs. Shepherd felt that the injection of
noise in the rural atmosphere of the area would take away the rights of
living in a rural area. All of the property is agricultural. She cannot
see the old site from her home. She would get dust from the new site if
the north wind was blowing.
2. Myron Shepherd. Mr. Shepherd stated that the issuance of
a use permit would allow two concrete mixing plants within two miles o£
each .other. He felt that Section 21083E of the Public Resources Code
should apply.
3. Steve Justus. Mr. Justus presented a 1etEer written by
Lilian Fields regarding the project. Mr. Workman owned the plant originally.
He manufactured a number of items. He retained part of the business.
Mr. Justus stated that he bought a certain amount of the business.
The total number of yards proposed to pour a day is 6 to 5 yards. He was
not sure of the exact amount of yards to be poured.
4. Pete Workman. Mr. Workman stated that he retained 5% or less
of the existing business. He intends to commence clearing up the present
site. He will tear down the majority of the old buildings. The small
portion of the business that he retained will continue.
5. Gail Freeman. Ms. Freeman felt that this should be in
an industrial area rather than a residential area. Ms. Freeman stated
that this was a very narrow road. This was originally agricultural land.
6. John Hubble. Mr. Hubble stated that the business is almost
adjacent to Lattin and Larkin Roads to 75 feet. Larkin Road has a 50 foot
right-of-way and Lattin Road has a b0 foot right-of-way. There 'is 12 to
15 feet of blacktop at the present. The general area is wide and open.
7. May Lattin. Ms. Lattin stated that she lives across the
street from the existing operation and~has never been bothered by trucks.
for the orchard. The dust has not hurt the trees.
8. Leo Gourtney. Mr. Gourtney stated that he had lived in the
area since before the original plant was started. He did not know the
plant was there. He has never been bothered with traffic.
Hearing closed to the public and confined to the Board.
It was moved by Supervisor Moseley, seconded by Supervisor Wheeler
finding that although the proposed project could have a significant effect
on the environment, there will not be a significant effect in this care
because of the mitigation measures described below and a negative declaration
was accepted:
1. The industrial development shall be visually screened by the
establishment of landscaping along the border o£ the site or
by the construction of a sight-obscuring fence.
2. The site shall be maintained. iii a clean and orderly condition.
Page 230. April 3, 1979
3
April 3, 1979
= _ _ _ _ _ _ _ ~ ~ ~ ~ W ~ - ~ W - _ - - - _ _ _ _ _ _ _ ~ _ _ _
3. The mixing operation shall be conducted within the proposed
building to reduce any noise impacts or dust impacts.
4. If future expansion of the land use is desired, a new use permit
shall be obtained prior to expansion. _
Discussion of above motion held at this time. Supervisor
Winston stated that he could not support the use permit. Manufacturing
uses should be confined to manufacturing areas. The only difference
between this use and the use in Bangor is the zoning. There are matters
other than zoning that have to be considered.
Supervisor Dolan felt that the impacts would be too great.
Vote on motion:
AYES: Supervisors Moseley, Wheeler and Chairman Lemke.
NOES: Supervisors Dolan and Winston
Motion carried.
575
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the appeal was denied, noting that the use of the property
will not impair the integrity and character of the zone in which the land
lies and that the use would not be unreasonably incompatible with or
injurous to surrounding properties or detrimental to the health and general
welfare of the persons residing or working in the neighborhood or to the
general health, welfare and safety of the county; the use permit was .approved
with the following: conditions:
1. The industrial development shall be visually screened by the
establishment of landscaping along the border of the site or
bq the construction of a sight-obscuring fence.
2. The site shall be maintained in a clean and orderly condition.
3. The mixing operation shall be conducted within the proposed
building to reduce any noise impacts or dust impacts.
G. If future expansion of the land use is desired, a new use permit
shall be obtained prior to expansion.
5. Deed 30 ft. of right-of-way from the centerline of Larkin Road
and Lattin Road, plus a 20 ft. radius return at the southwest
corner of the intersection of Larkin Road and Lattin Road.
6. Provide a permanent solution for drainage and submit drainage
plans to Department of Public Works for approval.
Applicant must also comply with all other applicable State and local
statutes, ordinances and regulations.
AYES: Supervisors Moseley, Wheeler and Chairman Lemke
NOES: Supervisors Dolan and Winston
PUBLIC HEARING: CHAPMANTOWN INNOVATIVE GRANT PROPOSAL (HCD)
The public hearing on the Chapmantown innovative grant proposal
was held as advertised. Ward Connerly, Connerly & Associates, set out
the background of the grant proposal. The county started with E1 Medio
area with block grant funding. On the advise of the Board members they
Page 231. April 3, 19.79
April 3, 1979
79~
3
went into Chapmantown. As a result of the county efforts in Chapmantown
for two years the City of Chico was encouraged to go into the block grant
program. The City of Oroville did not get funded. They have applied
for grant funds this year. The county tried to split the money between
the two areas of equal need. The problem is that once the areas are
submitted individually each one is ranked separately. There has been
a change in philosophy and management. The county is going to try to have
as much of an impact and benefit on as many people as they can. They
recommended that the county apply for block grant funds in E1 Medio only.
There is one other area that needs additional funding. They are trying
to get Mark ~'oran funds:and some of the state 966 money. He felt that
the county should try to maintain a sizeable program in Chapmantown
based on other things. The county will have to use a lot of self help.
There will be some acquisition of property. The block grant regulations
will dictate what is an eligible use unless the services are performed
through a neighborhood non--profit. Mr. Connerly did not feel that the
county could forget about Chapmantown at this stage. The county has made
a committment.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Connerly and Associates were instructed to
proceed with the innovate grant program in connection with the Chapmantown
rehabilitation program.
ADDITIONAL MATTER PRESENTED BY SUPERVISOR MOSELEY
Supervisor Moseley asked the Administrative Office to check and
see what is happening on the Gridley Library.
576
ADOPT RESOLUTION 79-63 IN SUPPORT OE SB 260 RE: LEGISLATION TO CORRECT
SCHOOL SHORTFALL
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, Resolution 79-63 in support of SB 250 regarding
legislation to correct school shortfall was adopted and the Chairman
authorized to sign.
577
ADJOURNMENT
There being, nothing further before the Board at this time,. the
meeting was adjourned at 12:42 p.m. to~reconvene on Tuesday, April 10,
1979 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK ~
RECORDER and ex-offico Clerk ~
of the Board of Supexvisors ~ ~j ~~~
By ~~~~ c~_ a~ Chairman, Board of 5~~upe~rvisors
Page 232.
April 3, 1979