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HomeMy WebLinkAboutM041079April 10, 1979 OF CALIFORNIA ) SS. OF BUTTE ) 79 3 578 579 580 581 582 583 The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke. C1i£ Mickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board. Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Moseley APPROVAL OF MINUTES On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, the minutes of April 3, 1979 were approved as mailed. ACCEPT RECOMMENDATIONS OF CETAC WITH REGARD TO CETA TITLE VI PROPOSALS AND MODIFICATION REQUESTS On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, the recommendations of CETAC with regard to CETA Title VI proposals and modification requests were accepted. CHANGE AWARD OF BID - BTD N0. 49-79 On motion of Supervisor Moseley, seconded by Sugervisor Wheeler and unanimously carried, the award of Bid No. 49-79 for subcompact pickup bids for six trucks at $5,129.45 per vehicle was changed to Robbie Chevrolet. AUTHORIZE ROOF REPAIR - 2279 DEL ORO AVENUE, OROVILLE On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, roof repair for the south wing of the building at 2279 Del Oro Avenue, Oroville was authorized with the funding to come from revenue sharing (Chico Pound expansion) in the amount of $2,260. APPROVE CONTRACT ORANGE ORDER N0. 18 - ADMINISTRATION BUILDING PHASE I On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, contract change order No. 18 for the Administration Building Phase I for adjustments to filters-and air conditioning equipment, cabinet work modifications, railings and sidewalk relocations in the increasing amount of $701.30 was approved and the Chairman authorized to sign with funding to come from building construction contingencies. REFER SALE OF SURPLUS PROPERTY - CLARK ROAD DUMP SITE TO ADMINISTRATIVE OFFICE It was moved by Supervisor Moseley, seconded by Supervisor Wheeler that resolution setting bid openings for May 8 at 11:00 a.m. for sale of surplus property for the Clark Road dump site be adopted and the Chairman authorized to sign. Chairman Lemke stated that he had received calls from several of the adjacent landowners who would like to purchase a portion of the property being considered for sale. This would be the property on the west side of Clark Road. Some of the area is relatively small and goes to a steep canyon. Supervisor Winston stated that the appraisal concept for the roperty would change if it were divided up. The matter referred to the Administrative Office to get appraisal iota regarding the splitting of the property. Page 233. April 10, 1979 April 10, 1979 _ _ _ _ _ _ 79~ Motion withdrawn. APPROVE BUDGET TRANSFERS On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the following budget transfers were approved: 584 8-117 - Federal Revenue Sharin Transfers $1,599.90 from the Chico Pound expansion project to rents and, leases of equipment in order to cover the cost for rental of a microfilm camera for the filming of special sized documents. B-11E Public Works. Transfers $110,000 from special road construc- tion to road and bridge construction and transfers $18,236 from the Jordan Hi11 Slipout project and $10,000 from the road reserve, with $28,236 going to the E1 Monte bridge project. The purpose of this transfer is to increase the appropriation to cover the awarded bid for the E1 Monte bridge project with total contract cost of $138,236 as approved by the Board on February 20, 1979; minute order 79-310. B-119 Court Work Referral Program. Transfers~$2,432.34 between various budgetary line-items in order to cover end of the January 1, 1978 through March 31, 1979 grant year deficits. The transfer was approved by the Office of Criminal Justice Planning on March 30, 1979. B-120 - Butte Count Association of Governments. Establishes an appropriation in professional and specialized. services in. the amount of $15,757 in order to provide for engineering services in completion of the 1978-79 Regional Transportation Plan. Funding is to come from SB 325. B-121 - Community Action Program - 1979 -.South Oroville Beauti- fication Pr~o~ram. Establishes increased appropriations for salaries and wages, $10,076; employee benefits, $2,854; travel, $170; and consumable supplies, $684; fox a total of $13,784. Funding is to come from Federal Aid -Employment and Training Administration. This action is pursuant to CETA Title III YCCTP modification ~~1 as approved by the Manpower Director on March 28, 1979. B-122 - Library - Public Library Services Crant. Transfers $3,028.16 from office expense, $329.22 from fixed assets-equipment for a total of $3,357.38 to be transferred to special departmental expense pursuant to approval granted by the California State Library on March 28, 1979. B-123 - Federal Revenue Sharing and Air Pollution. Within the revenue sharing equipment budget transfers $1,293.75 from Animal Control with $258.75 going to the Farm and Home Advisor and $1,035 to Agriculture. Within the Air Pollution budget transfers $258.75 from professional and specialized services to fixed assets. The purpose of this transfer is to increase the appropriation for subcompact pickup trucks brought about by the change of award of Bid 49-79. On motion of Supervisor Winston, seconded by. Supervisor Wheeler and unanimously carried, the following budget transfer was approved: B-125 - Chico Municipal Court. Authorized Transfer of $7,000 from the reserve for contingencies to office expenses in order to purchase mailers. Page 1234. April 10, 1979 79- 585 ~' 586 587 588 589 Aril 10, 1979 APPROVE AGENCY EMPLOYEES RETIREMENT PLAN FOR EOC EMPLOYEES AND AUTHORIZE NEGOTIATION FOR CONTRACT WITH MUTUAL OF OMAHA, On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried; the agency employees retirement plan for E0C was approved and negotiation of a contract with. Mutual of Omaha was authorized. PUBLIC HEARING DATES SET A public hearing date of May 1, 1979 at 10:00 a.m. was set for consideration of the following: 1. Robert and Lois Drumm, Sr. petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on Sam Lynn Way, Oroville, AP 27-04-043. Zoning: A-5. 2. .Tames A. Kent petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on Nord Highway, Chico, AP 44-28-20. Zoning: A-2. 3. Richard Milatz petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on Dayton Hupp Mill Road, Paradise, AP 65-09-06. Zoning: TM-5. APPROVE CIRBX MEADOWS TIMBER SALE DEVELOPMENT ROAD AGREEMENT WITH THE U.S. FOREST SERVICE On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried; the Cirby Meadows timber sale development road cooperative agreement with the U. S. Forest Service concerning improvement to portions of Humbug Road (91513) and Humboldt Road (91422) with no county funds involved was approved and the Director of Public Works authorized to sign. AUTHORIZE PUBLIC WORKS TO BRING BACK PROPOSAL FOR CLARK ROAD ASSESSMENT DISTRICT (BILLE ROAD TO WAGSTAFF AND APPLETREE LANE) Clay Castleberry, public works director, set out the background of the proposed assessment district. This would include curb, gutter and drainage. Public Works was authorized to bring back a pxaposal for the Clark Road Assessment District (Bille Road to Wagstaff and Appletree Lane) as a part of the next Clark Road project extension. DIRECT PUBLIC WORKS TO SET INFORMATION•HEARINGS RE: UNMET TRANSIT NEEDS IN THE UNINCORPORATED AREAS OF BUTTE COUNTY Clay Castleberry, public works director, asked the Board for permission to set hearings before the Board as part of the continuing process of continuing transportation in the unincorporated areas of Butte County. He suggested that the Board hold hearings in the evenings in Chico, Paradise and Oroville regarding the unmet transportation needs within the unincorporated areas of the county. Public Works Director to set up information hearings for the Board regarding unmet transit needs in the unincorporated areas of Butte County in Chico, Paradise and Oroville with the meetings to be held in the evening and preferably on a Tuesday evening. 5901 APPROVE PEBBLEWOOD PINES "LOT D" FINAL SUBDIVISION MAP On motion of Supervisor Winston, seconded by Supervisor Moseley and darried; the final subdivision map for Pebblewood Pines "Lot D" was approved; public utility easements and drainage easements as shown on the subdivision map and offered for dedication were accepted; the Chairman authorized to sign subdivision agreement. AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke. NOES: Supervisor Dolan. Page 235. April 10, 1979 7a 591 592 593 594 April 10, 1979 REPORT TO BOARD RE: DENIED REZONE FOR TEAL NICHOLS FROM "TM-20" (TIMBER rt n MOUNTAIN - 20 ACRE PARCELS) TO TM-5 (TIMBER MOUNTAIN -'S ACRE PARCELS) PROPERTY LOCATED APPROX. ONE MILE WEST OF SCHOTT ROAD, APPROX. 2--1/2 MILES SOUTH OF DOE MILL ROAD, IDENTIFIED AS AP 63-01-118, CONTAINING 2D.07 ACRES, MORE OR LESS, FOREST RANCH. ~~ Report to the Board concerning the denied rezone for Teal Nichols. from "TM-20" (timber mountain - 20 acre parcels) to "TM-5" (timber mountain -- 5 acre parcels) property located approximately one mile west of Schott Road, approximately 2-l/2 miles south of Doe Mill Road, identified as AP 63-01-I18, containing 20.07 acres, more or less, Forest Ranch. Information; no action taken. PUBLIC HEARING DATES SET The following public hearing dates were set: 1. A public hearing date of May 1, 1979 at 10:30 a.m. was set for consideration of Children's Home Society proposed negative declaration regarding environmental impact and rezone from "A-2" (general) to "TM-5" (timber mountain - 5 acre parcels} property located on the west side of Robert E. Zee Drive, approximately 1/2 mile north of State Highway 32, identified as AP 63-i1-1, containing 14 acres, more or less, Forest Ranch. 2. A public hearing date of May 1, 1979 at 10:45 a.m. was set for consideration of Bruce Zillmer proposed negative declaration and rezone from "S-R" (suburban-residential) and "R-4" (maximum density residential restricted services} to "R-3" (medium density residential) property located on the east side of Almandor Circle, approximately 130 feet south of East Avenue, identified as AP 48-081-26, containing 0.75 acres, more or less, Chico. 3. A public hearing date of May 1, 1979 at 11:15 a.m. was set for consideration of Burt C. Lowen proposed negative declaration and rezone from "A-2" (general) to "PA-C" (planned area - cluster) for a professional office complex on property located on the east side of Esplanade, approximately 200 ft. south of Rio Lindo Road, identified as AP 44-15-44 and AP 44-17-07, 08 & 11, containing 3.83 acres, more or less, Chico. 4. A public hearing date of May 1, 1979 at 11:30 a.m. was set for consideration of Butte County Board of Supervisors - (Home Occupation Ordinance) amending Chapter 24 of the Butte County Code to allow home occupation in all zones allowing residential uses. REFER REPORT TO BOARD CONCERNING PLANNING COMMISSION'S RECOMMENDATIONS OF THE "CHICO MUNICIPAL AIRPORT - AIRPORT ENVIRONS PLAN" TO COUNSEL .FOR REPORT BACK TO THE BOARD ON APRIL_17, 1979 The report to the Board concerning the Planning Commission's recommendations of the "Chico Municipal Airport - Airport Environs Plan° was referred to Counsel for a report back to the Board on April 17, 1979. APPROVE RECOMMENDATION RE: CSU-CHICO PROPOSAL FOR UPDATING THE BUTTE COUNTY GENERAL PLAN RECREATION/TOURIST ELEMENT Dr. Frank Sennett, chairman, Planning Commission, stated that the Planning Commission submitted the recommendation that the Board approve the CSUC proposal for updating the Butte County General Plan Recreation/Tourist Element. On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, the recommendation concering CSUC proposal for Page 236. April 10, 1979 79 d 595 596 597 598 April 10, 1979 _ _ _ _ _ - - _ _ _ _ _ ~ _ ~ W ~ _ _ _ _ _ _ _ _ - _ ~ W = - _ _ updating the Butte County General Plan Recreation/Tourist Element was approved. APPOINTMENT TO THE AGRICULTURAL ADVISORY COMMISSION (DISTRICT 5) - CONTINUED TO APRIL 17 1979 The appointment to the Agricultural Advisory Commission (District No. 5) was continued to April 17, 1979. APPOINTMENT TO COUNTY EMPLOYMENT TRAINING ADVISORY COUNCIL On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, H. Gene Burns was appointed as the veterans representative to the County Employment Training Advisory Council. AFFROVE IN PRINCIPLE CONCEPT OF PERIPHERAL CANAL IF PROTECTIONS ARE PROVIDED Supervisor Winston stated that he had researched the matter of the Peripheral Canal. This is a controversial matter. He felt that the Peripheral Canal was an intregal part of the California Water Project. It has been so since 1965. A bill is presently being considered at the present time that builds in safeguards and any action to construct the Peripheral Canal will depend on Congressional action calling for the Bureau of Reclamation to maintain the Canal along with the State of California. On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the Board did not specifically endorse or pass a resolution similar to the one requested by the Metropolitan Water District but agproved in principle the Peripheral Canal providing that the proper safeguards to insure the protection of the water quality of the Delta, safeguards as to protection of counties of origin, safeguards as to groundwater rights and riparian rights and that the United States through the Bureau of Reclamation assume their share of responsibilities for assuming maintenance of the Delta and other matters but not limited to the above safeguards be put with the Bill. . COMMUNICATIONS Dean Dixon, et al, Chico. The Dixons write in opposition to the proposed Southgate Acres subdivision that is scheduled for appeal at 10:00 a.m. To be considered at the time of the hearing. Bob and Beverly Hartman, Chico. The Hartmans write in opposition to the Southgate Acres subdivision.' To be considered at the time of the hearing. Jack and Sharon Meline, Durham. The Meknes write in opposition to the Southgate Acres subdivision. To be considered at the time of the hearing. E. Richard Meline, et a1, Durham. A letter contain 67 signatures has been received in opposition to the Southgate Acres subdivision. To be considered at the time of the hearing. Lewis & Zilaff, Attorneys at Law. The attorneys, on behalf of Eugene Wells, request that the use permit appeal hearing scheduled fox April 17 be rescheduled to May 22, 1979. Hearing rescheduled for May 22, 1979 at 10:00 a.m. Ron Imhoff, Chico. Mr. Imhoff forwards information concerning his application for a use permit for a 231-space mobile home park on property located on the corner of Hicks and Sycamore Lanes north of Chico. Mat~aget~3~e continued to later in meeting. -April 10, 1979 April 10, 1979 79'- Northern California Health Systems Agency. The agency forwards information b', concerning their activities for the Board's information. Information; no action taken. Patrick J. Porgans, Chico. Mr. Porgans writes with regard to the emergency ordinance that established temporary permits for gravel and aggregate extraction (County Gode Section 13-120, 122) and suggests possibly the inclusion of inspection and punitive measures. Referred to Counsel with Mr. Porgans to be informed when matter is brought back to the Board. ' Robert L. I3ewitt, Attoruey at Law. The attorney, on behalf of Clifford Flori and Orah Murphy, file a-claim in the amount of $250,000 based on alleged damages sustained as a result of the wrongful death of Alfredo Henry Flori. Referred to Counsel for answer to claim. County Supervisors Association of California. CSAC forwards information concerning AB 808 (Gage), a state mandated prograid to require counties to enforce a mobile home park inspection program. .See motion following communic ations. Region C. Criminal Justice Planning Board. The Planning Board forwards information concerning the internal assessment for the Consumer Protection Unit for the period September 1977 through December 1978. Information; no action taken. County of Los Angeles. The Los Angeles County Board of Supervisors forwards its resolution relative to 1oca1'home rule. Matter tabled. State Employment Development Department. EDD forwards information concern- ing its accomplishments in 1978 and priority programs for the current year. Information; no action taken. State Department of Water Resources. The Department forwards information concerning warkshops to be held with regard to groundwater basins. Information; no action taken. Supervisor Dolan to keep Board informed. State Department of Transportation. The Department forwards additional information concerning the U. S. Department of Transportation's proposal to restructure the Amtrak rail passenger system. Information; no action taken. USDA - Forest Service. The LaPorte Ranger District forwards information concerning their plan to salvage insect_killed timber along the Middle Fork of the Feather River and requests the Board's input. Chairman to send letter of support. Army Corps of Engineers. Colonel O'Shei writes in follow-up to the Board's request that the Corps of Engineers make a study of the problem of flooding of agricultural lands along the lower reaches of Big Chico Creek. Letter of appreciatian to be sent. Butte County Farm Bureau. The Bureau writes in opposition to the Southgate Acres Subdivision. To be considered at the time of the hearing. .Alex Chaigmeau, et al. Mr. Chaigmeau writes in opposition to the Southgate .Acres Subdivision. To be considered at the time of the hearing. Page 238. April 10, 1979 599 600 April 10, 1979 - - - - _ - _ _ _ _ _ _ _ ~ ~ ~ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ ... -. T -Frank^L. McCormick, San Jose. Mr. McCormick appeals the decision of the Subdivision Violation Committee regarding a conditional certificate of compliance for AP 72-44-18. .Set for hearing May 8, 1979 at 10:30 a.m. Letters. Several letters have been received in opposition to a use permit for John Long and Barney Kukolsky for two 20 unit condominiums on Stearns Road, Paradise. Information; no action taken. APPROVE LETTER OF OPPOSITION TO AB 808 (GAGE) RE: STATE MANDATED PROGRAM TO RE UIRE COUNTIES TO ENFORCE A MOBILE HOME PARK INSPECTION PROGRAM On motion of Supervisor Winston; seconded by Supervisor Moseley and unanimously carried, a letter of opposition to AB 808 (Gage) regard- ing state mandated program to require counties to enforce a mobile home park inspection program was approved. RECESS: 9:43 a.m. RECONVENE: 10:02 a.m. WITHDRAW HEARING DATES FOR ASSESSMENT ROLL CORRECTTONS AND REFER TO ASSESSMENT APPEALS BOARD The public hearing dates of April 24, 1979 at 10:30 am for the assessment roll correction hearings on the following were vacated and referred to the Assessment Appeals Soard: 1. Sandra Purcell, AP 12-2D-2-007-0. 2. Sill 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-D. 6. Fay Beaver, AP 36-45-0-021-0. 6011 PUBLIC HEARING: JAYRED AND TOWNE - APPEAL OF ADVISORY AGENCY'S DENIAL OF DRAFT ENVIRONMENTAL IMPACT REPORT AND SOUTHGATE ACRES SUBDIVISION, AP 40-04-35 & 37, 20 LOTS, SOUTH SIDE OF ENTLER AVENUE, 750 FEET EAST OF PROPERTY LINE. CHTCO - CONTINUED TO_MAY 15, 1979 AST 10:00 A.M. The public hearing on the Jayred and Towne appeal of the Advisory Agency`s denial of draft environmental impact report and Southgate Acres Subdivision, AP 40-04-35 & 37, 20 lots, south side of Entler Avenue,. 750 feet east to property line, Chico was held as advertised. Hank Marsh, attorney representing property owners, requested that the Board continue the matter. This continuance would give the property owners a chance to work out the problems wfth the opponents of the project. It was moved by Supervisor Winston that the hearing be continued for thirty days to May 8, 1979. Motion withdrawn. Hearing open to the public. Appearing: 1. Dean Dixon. Mr. Dixon set out the area that he farms. He wants to farm and developerpsagere239t allowing him that opportunity. April 10, 1979 79- b April 10, 1979 The soil in this project in typical high grade soil. It is viva loam. There is a trend to take agricultural land and develop it. Where is this going to stop? He agreed with Mr. Marsh that the matter should be continued. He is not opposed to growth but wants growth that is planned. He did not feel that residential was compatible with agriculture. He felt that there is adequate marginal ground to take care of the increase in growth in the county for the next 20 years. Supervisor Winston stated that the zoning in the area is "A-2". He suggested that the whole area should be looked at. 2. Ken Claussen. Mr. Claussen stated that he would present his arguments at the next hearing. 3. Harold Richins. Mr. Richins felt that the EIR had been written in favor of the people paying for the work to be done. The EIR talks about an overcrossing on Highway 99 for people to use. It says the Department of Transportation will build the overcrossing. He did not feel that the Department o£ Transportation would pay the bill to have the overcrossing built. This would cost about $400,000 to $500,000. The EIR did not mention the Midway as a traffic problem other than the railroad crossing. The ETR did not mention•<:Patrick's Airport where the crop dusters fly out of. The planes ,would be flying over that subdivision. The EIR talks about the Midway being lined with Black Walnut trees. It is lined with Pistachio trees. The EIR spoke of the people that had been contacted. He did not know of anyone that had been contacted. 4. Hester Patrick. Ms. Patrick asked if there could not be better rapportwith the people developing the subdivision. and the opponents and the Supervisors. 5. Bob Hartner. Mr. Hartner felt that the proper time to discuss this matter would be after zoning was completed in the area. It was moved by Supervisor Winston, seconded by Supervisor Wheeler that the hearing be continued to May 15, 1979 at 10:00 a.m. Supervisor Dolan stated that she was concerned about the hearing date. .She did not feel that the Board would reach a concensus on the General Plan hearing by that date. There is a very large area between Chico-and Oroville that is zoned "A-2." She felt that an interim zone should be adopted for the entire area. Vote on motion: AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisor Dolan Motion carried. It was moved by Supervisor Dolan that the area between Chico and Oroville west of Hwy 99 that is presently zoned "A-2'~ be interim zoned "A-20" for a period of 120 days. Motion dies for lack of a second. Page 240. April 10, 1979 79= b02 a'!, April 10, 1979 ADOPT ORDINANCE 2016: PUBLIC HEARING: HIGNELL & HIGNELL INV. - PROPOSED NEGATIVE DECLARATION AND REZONE FROM "A-2" (GENERAL) TO "R-3" (MEDIUM DENSITY RESIDENTIAL) PROPERTY LOCATED ON THE SOUTHEAST CORNER OF CEANOTHUS AVENUE AND MANZANITA AVENUE, IDENTIFIED AS AP 48-203-15, CONTAINING 9.69 ACRES. MORE OR LESS, CHTCO The public hearing on the Hignell & Hignell Inv. proposed negative declaration and rezone from "A-2" (general) to "R-3" (medium density residential) property located on the southeast corner of Ceanothus Avenue and Manzanita Avenue, identified as AP 48-203-15, containing 9.69 acres, more or less, Chico was held as advertised. Earl Nelson, environmental review director, set out the background of the negative declaration at this time. There was on-site evaluation made by the staff. There were no impacts significant enough to require an ETR. There would be about 50 residential units at this location. He recommended a negative declaration. Bettye Blair, planning director, set out the background of the rezone. This rezone application is the result of a parcel map. Hearing open to the public. Appearing: No one. . Hearing closed to the public and confined to the Board. On motion of Supervisor Wheeler, seconded by Supe rvisor Moseley and unanimously carried, finding the proposed project could not have a significant effect on the environment, a negative declaration was recommended. On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, the rezone for Hignell & Hignell Tnv. from "A-2" (general) to "R-3" (medium density residential) property located on the southeast corner of Ceanothus Avenue and Manzanita Avenue, identified as AP 48-203-15, containing 9.69 acres, more or less, Chico was approved noting the negative declaration has been considered and finding the groposal is in conformity with the General Plan; Ordinance 2016 was adopted and the Chairman authorized to sign. 603 ADOPT ORDINANCE 2017: PUBLIC HEARING: GEORGE BARER - PROPOSED NEGATIVE DECLARATION AND REZONE FROM "A-2" (GENERAL) TO "TM-2" (TIMBER MOUNTAIN TWO ACRE PARCELS) PROPERTY LOCATED APPRO}C. 3/8 MILE NORTH OF CONCOW INTERSECTION ON THE EAST SIDE OF $INRSTON CANYON ROAD, IDENTIFIED AS AP 58-21-80. CONTAINING 7.1 ACRES, MORE OR LESS, NORTH OF OROVTLLE The public hearing on George Baker proposed negative declaration and rezone from "A-2" {general) to "TM-2" (timber mountain - two acre parcels) property located approximately 3/8 mile north of Concow inter- section on the east side of Pinkston Canyon Road, identified as AP 58-2i-80, containing 7.1 acres, more or less, north of Oroville was held as advertised. Earl Nelson, environmental review director, set out the back- ground of the negative declaration. The area has varied parcel sizes from two to fifty acres. The magnitude of the impacts are not great. The area is relatively level with less than 10Z slope. He recommended a negative declaration. Bettye Blair, planning director, set out the background of the rezone. This conforms to the General Plan. Hearing open to the public. Appearing: George Baker. Mr. Baker spoke in favor of the rezone. .Page 241. .April 10, 1979 • April 10, 1979 Hearing closed to the public and confined to the Board. 604 On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, finding the proposed project could not have a significant effect on the environment, a negative declaration was recommended. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, noting the negative declaration has been accepted and finding that the proposal is consistent with the General .Plan and that growth lends itself to the area the rezone for George Baker from "A-2" (general) to "TM-2" (timber mountain - two acre parcels) for property located approximately 3/8 mile north of Concow intersection on the east side of Pinkston Canyon Road, identified as AP 58-21-80, containing 7.1 acxes, more or less, north of Oroville was approved; Ordinance 2017 was adopted and the Chairman authorized to sign. PUBLIC HEARING: CONSIDERATION OF AN AMENDMENT TO CHAPTER 20, SECTION 20.155 OF THE BUTTE COUNTY CODE RELATIVE TO INSTALLATION OF UNDERGROUND CABLE TELEVISION LINES - CONTINUED TO APRIL 17, 1979 FOR COUNSEL TO BRING BACK ORDTNANCE The public hearing on the consideration of an amendment to Chapter 20, Section 20.155 of the Butte County Code relative to installation of underground cable television lines was held as advertised. Dan-Blackstock, county counsel, set out the background of the proposed amendment to Chapter 20. The Board directed that an ordinance be prepared as a result of Mr. Colby's presentation. The ordinance that was sent to the Board is simply one method of handling the problem. This ordinance provides that the developer is required to check with the television operator and in the event that the cable TV operator wanted the line in, the developer would be required to put in underground utilities and put in at the cost of the cable TV company as distinguished from the developer. This was put in as a means to keep the street from being dug up. There are other alternatives if the Board wishes to consider them. Hearing open to the public. Appearing: 1. Lee Colby. Mr. Colby did not feel that he should subsidize the cable TV companies. The homes that he is building are modest and moderate income homes. Mr. Colby set out how the trench was paid for at the present time. The developer pays for the entire electrical costs. The telephone company pays for a portion of the trench. The gas portion of the trench is paid for by the gas company. This was the procedure before the ordinance was passed requiring the developer to pay for the cable TV portion of the trench. He did not feel .that television was necessary. 2. Gregg Vistica. Mr. Vistica agreed with Mr. Colby. Cable TV is not a public entity. Tt is a private one. 3. john Stutz. Mr. Stutz questioned the Board as to what the Board would be requiring. Who would pay for the cable. Ts the cable supplied by the company. He wanted to know if there were any specifications. Would this be direct burial or conduit? He was in favor of the eable company providing the material and not the subdivider. Mr. Blackstock stated that he thought that any type of installa- tion must comply with the cable TV franchise, state and federal rules relative to materials of cabl~~e 242, April 10, 1979 'i _ Apri_1 10, 1979 _ _ 79- ~4. DeVere Pace. ~Mr.~Pace felt that the decision to provide a! cable TV should be left up to the developer and the TV company. People may not want TV. 5. Ross Wagner, NORCAL TV. Mr. Wagner stated that the ordinance deals with substructures. The company would be obligated to pay for cable. The existing ordinance requires the TV company to pay for the electronics. If the company were to continue to pay the trenching costs there would be a need for a rate increase. They are trying to get away from an early rate increase. The City of Oroville appointed a c ommittee to look at the same type of ordinance. The City Council chose t his method of passing on the cost to the home owners. The franchise stipulates that within 200 feet of a house or new development the cable company is forced to go in there. Mr. Wagner referred to Rule 15.1 of the Public Utilities Commission that required the electrical companies to go underground. He felt that this sums up the reasons for requiring the developer to pay for the costs involved. The trench has to be dug. The installation cost is the cost from the street to the house. If the installation cost were increased to cover the cost of putting in the trenches there would be an effect on installation. 6. John Martin,. State TV Cable. Mr. Martin stated that he had sent the Board a letter regarding this matter. The developer can put the material in themselves at their cost and the company will sell the conduit at their cost.. The original franchise language refers to the fact that the subsurface cost could be passed on to the subscriber. Since 1969 when all services were required to go underground, State TV Cable has dealt with about 350 projects and they have had virtually no opposition. If an underground district is formed then the cable TV company pays under Rule 20 on the improvement. The Rule 20 requirement is developed through a fund that mandates that PG&E put in service revenue for the purpose of putting in undergrounding. Cable TV does not have that type of fund. Mr. Martin. stated that PG&E'bi11s them for the trenching and they in turn bill the developer. Mr. Wagner felt that the current ordinance was written to supply the distribution system. Mr. Colby stated that PG&E pays a share of the cost of the trench and pays for whatever else is necessary. The telephone company put is all of the materials and pays a portion of the trench cost. PG&E puts in all electrical material and the developer pays a portion of the electrical trench cost. 7. J. B. Pappa, PG&E. Mr. Pappa stated that they install and maintain distribution facilities but the developer must pay the electrical portion of the joint trench and any conduits. PG&E installs the cable and transformers at their expense. There is a refundable clause also. The developer would have to pay for the cable TV portion of the joint trench and any conduits if they were treated as PG&E. of PG&E. Mr. Colby stated that this was only on the electrical portion Mr. Pappa stated that PG&E is responsible for the gas portion of the tench. The gas has always been underground. 8. Wilma. Williams, PT&T. Ms. Williams stated that PT&T stands the entire cost of the trench. The developer is responsible for the service trench. PT&T does direct burial. Page 243. Apxil 10, 1979 79 d April I0, 1979 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ T vMr. Colby felt that the cabl a TV companies should~be treated, t he same as the telephone company. It is not a necessary service. Mr. Colby was willing to compromise by doing the trench from the street to the house. Hearing closed to the public and confined to the Boardo Supervisor Winston asked if the developers of Butte County and the cable TV companies could sit down and try to reconcile the - obvious difficulties. Mr. Colby felt that would be impossible. He felt that when the Board passed the ordinance it gave the cable TV companies a right to steal approximately $20Q for each house that is built. Chairman Lemke stated that the license to steal is not available to the developer or the cable TV companies. The costs are passed on to the consumer. It was moved by Supervisor Dolan and seconded• by Chairman Lemke that the ordinance established by the Board remain in effect. Discussion of motion held at this time. Supervisor Winston felt-that Counsel should come back with an amended ordinance. He believed that the cable TV should be treated much the same as any other utility. He agreed that the telephone company and the cable company are similiar in that they are both providing electrical services. He would like to see action whereby the amendment would be prepared that the developer would share a portion of the costo Motion withdrawno On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, Counsel was instructed to prepare an ordinance containing an amendment that the developer-would be charged with bearing the expense of carrying the cable from the street to the house or to the dwelling similar to the expenses now borne by PT&T. 605 PRESENTATION BY LEO J. TROMBATORE, DISTRICT -IRECTOR, -EPARTMENT OB' Leo J. Trombatore, district director, Department of Transportation made a presentation to the Board. Mr.'Trombatore presented the Board with the five year plan and the priorities received from Butte County. Recent changes in the state laws have changed CALTRANS responsibility. About 75% of highways is moving in the direction of multi-moto. They are now in the process of obtaining the 1979 State Transportation Improvement Program (STIP) and the 1979-80 budget. AB 402 has given certain responsibility to agencies and others. CALTRANS prepares fund estimates of the amount of funds available for transportation purposes. STIP proposed a schedule of projects sent to the commission. These two documents are sent to the Regionai'. Transportation Planning Agencies (BCAG). BCAG has responded with comments. The Commission has until July 1, 1979 to resolve any differences. By the same date the Legislature and the Governor will have reached agreement on the program allocations. Subsequently, the Commission will define which project will be funded in the next fiscal year. This will be required annually. The local agencies are asked to provide input to CALTRANS. County minimum requirements are provided for in AB 4020 Under certain conditions the commission must make findings that if they do that they have alternatives to give equal weight to all areas of the state. Fage 244, .April 10, 1979 79 a April 10, 1979 _ _ _ _ _ _ _ _ _ Mr. Trombatore stated that in the CALTRANS proposed STIP for Butte County-they indicated $7,300,000 scheduled in five years, 1979-80 to 1983-54. In addition, there is another $2.4 million that is anticipated for minor projects under the $200,000 projects. This would give a total of $9,700,000 for Butte County. The projects included are shown on the handouts. The list includes several projects in the rehabilitation program. He set out the areas of major repair at this time. BCAG has submitted a priority list of seven projects for inclusion in the state STIP for $43 million. Only the Gianelli Bridge and a portion of the work on Hwy 32 are included in CALTRANS proposed STIP. There is a request for abour $40 million increase in under programed work in Butte County. llhe requested items by BCAG regarding Hwy 99 were in the list some years ago. The project submitted by BCAG for adding ramps at Lassen Avenue was investigated briefly about a year ago. This has not been pursued. CALTRANS has been requested to commit Oakvale and State Route 62. He was happy to report that they are working on that fora project under $200,000. Supervisor Winston questioned Mr. Trombatore regarding the concern of citizens about Hwy 99 to the Sutter County line. Mr. Trombatore stated that his department is based on supporting community needs. It is a question of funding. The Legislature has mandated how the funds that are generated will be used. In the north portion of the state, 43 counties. get 40% of the funding. The south 13 counties, get 60% of the funds. The Commission will have some 30% of the money that they will be allowed to be bid by law. Butte County is not one of those. The Commissioners have said they will receive from rural BCAG suggestions for adding projects that are not in the California programo The state is paying back to the federal government some of the money that they have used. 606 607 APPEARANCE: FRED PRAYER Mr. Prater submitted pictures and a petition asking the Board to do something regarding the junk yard on Powerhouse Hill Road. The road is used for drag races. There is na electricity, power or sanitary facilities. Diesel is being dumged on the ground. The people do not feed their animals and have Dobermans running lovseo He is not able to get anything to grow on his property next to the neighbors because when it rains it washes the diesel into his yard and nothing will grow. He asked that the Board help him with this problem. The matter was referred to Counsel along with the pictures and and petition to meet with Mr. Prater to pursue all avenues of relief. APPS ARANCE: RUTH TAYLOR Mrs. Taylor objected to the parking of old abandoned cars on the tracks at Lincoln Blvd. They had an attorney that helped them stop the rezone. The owner promised that he would park the railroad cars up behind the trees so it would not be in view of the property owners on Lincoln Blvd, They are still there. Children play on the railroad cars and are going to get hurt. It is hazardous. Supervisor Winston stated that he looked at the area and talked with Mr. Girdler on Saturday. Counsel has advised that as far as use of the tracks is concerned the Board's hands are tied. He asked that Mr. Girdler get together with the residents of the area and advise them what he is going to do. Superva.sor Winston t.stated that he would be willing to get with Supervisor Moseley and help to arrange a meeting with Mr. Girdler and the residents of the area. Mr. Girdler has bought another piece of props Mrs. Taylor to be contact person for residents. P~ge 245. April 10, 1979 79= 608 b,, b09 610 611 6121 April 10, 1979 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ ~ ~ _ ~ T - ~ - - - _ _ APPEARANCE: JAMES BANTOS Mr. Bantos spoke regarding the railroad cars at Lincoln Blvd. lIe has seen people living in the railroad cars. This is a problem for children. 'APPEARANCE: MR. GOIiEIM Mr. Goheim spoke regarding the railroad cars at Lincoln Blvd. Mr. Goheim stated that the cars create a lot of heat fox the area in the summer. APPEARANCE: JACK LOWE Mr. Lowe spoke in opposition to the railroad cars at Lincoln Blvd. Mr. Lowe stated that at the time he moved into the area cars were not parked along the track. This is establishing a new use fox-the railroad track. APPEARANCE: RON IMHOEF Mr. Imhoff spoke regarding his application for a use permit and the letter that he had sent to the Board. This has come down to a foot race on the decision of the use permit and the new 1and~use element of the General P7a n. He wondered what problems he might have when the new land use element is adopted with the use permit. They are in compliance with the General Plan at the present time. This use permit is for a mobile home park. At the last meeting, there were a number of people that spoke out against the park. Since that meeting he has purchased additional property so that the adjoining property owners will not see the mobile home park. It will be behind residential areas on the existing property that he owns. This would pull the park off both streets. They would then be in essence only next to the mobile home park that is existing next door. This could be found in agreement. with the General Plan. Mr. Imhoff set out the background of what had happened as far as the ETR process. Most of the work that tread been done was based on the attitudes of the Board of Zoning Adjustmento The BZA was abolished and the attitude of the Planning Commission is different than that of the BZA. He was looking for guidance as to how to proceedo Bettye Blair, ,planning director, stated that in the land use element findings of consistency with the General Plan are not specific findings. The mobile home park has been in hearings for some-time. Mrs. Blair set out what had happened with the hearings at this time. The General Plan amendment diagram does not affect this subject property. It is low density residential. ' Mr. Imhoff was advised that he should submit a revised use permit plan to the Planning Department as soon as possible. ADDITIONAL MATTER PRESENTED BY BOARD MEMBERS The Board has received a plaque awarded to the Butte County Board of Supervisors for-their 1978-79 cooperation to all veterans' organizations by the North Valley Detachment of Marines.,. ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 1:20 p.m. to reconvene on Tuesday, April 17, 1979 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK- RECORDER and ex-officio- Clerk ~ ~~,, _ (_ j~•, of~the/Board o~jf, Su ervisors v By~ C~''~C`~`yt ~ '"'"`"`"•~ Pa e 246. Chairman, Board of Supervisors g .April 10, 1979