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HomeMy WebLinkAboutM042181April 21, 1981 OF CALIFORNIA ) SS. OF BUTTE ) 81- The Board of Supervisors met at 9:00 a.m. pursuant to adjournment, 3 ', Present: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley. ', Clif Mickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk-recorder, by Nancy Wilson, deputy clerk, edge of Allegiance to the Flag of the United States of America ', Invocation by Supervisor Lemke '647 ONTINUE TO APRIL 28 1981 - APPROVAL OF MINUTES ', Approval of the minutes of April 14, 1981 were continued to pril 28, 1981. 648 Supervisor Lemke stated he would like to discuss the Lake County elution and to discuss Mothers Against Drunk Drivers (MADD). He would to discuss s letter from the Department of Labor regarding Title ITD VI. Supervisor Wheeler stated she would like to discuss the written of the proposed "Green Line". 649 Chairman Moseley stated there was a call from Mike Bush requesting Closed Session scheduled for 9:00 a.ma be taken off the agenda, 650 1~DOPT RESOLUTION 81-77 - MODIFYING THE COMPOSITION OF CETA ADVLSORY COUNCIL On motion of Supervisor Dolan, seconded by Supervisor Saraceni an znanimously carried, Resolution 81-77 modifying the resolution establishing aembership on CETAC to include the chairman of the Private Industry Council (PIC) on CETAC was adopted and the Chairman authorized to sign, 651 ~PPROVE SENDING MONEY SACK TO PRIVATE INDUSTRY COUNCIL - COI3SIDERATION OF RANT FUNDS TO BE CONSIDERED AFTER STATE DEPARTMENT OF BUSYNESS AND ECONOMIC Supervisor Saraceni stated they had tried to place the grant money nto the county economic development, He felt bad the money could not be sed through BEDCO or anyone who qualified and met the requirements. Job;^- pportunities and payroll is desperately needed in Butte County, Every ffort should be made to use all of the people who are involved to try to ring industry and payroll to Butte County. He stated he felt the-funds hould go back to PIC and go back to the drawiig~ board and put these funds o work to change the economy of this county, Supervisor Lemke questioned when the state Department of Business, Economic Development seminar was scheduled to be in Butte County, it. Clif Mickelson, administrative officer, stated they were working Supervisor Lemke stated he was hopeful they could hold the seminar y the September 30, 1981 deadline for the funding and they could possibly et some kind of direction whether it is from BEDCO or a new one, He does not ave any hangups regarding sending it back up the pipes. He agreed with upervisor Saraceni to send back to PTC for grant modification after the tate Department.of Business and Economic Development seminar. He stated alifornia Park Pavilion had offered the park freed Page ' 252, April 21, 1981 81'= April 21L 1981 On motion of Supervisor Saraceni, seconded by Supervisor Lemke and unanimously carried, to send the CETA Title VII grant money back to the Private Industry Council (PIC) for modification and reconsideration of the grant was approved, Jim Rackerby, personnel director, stated there was a May 1 deadline for their proposal. They will be receiving information from the government stating they will have to accept the grant, It was his understanding the CETA Council would be invited to the seminar. Supervisor Saraceni stated we desperately need the economic money, The people have been meeting through the efforts of all those involved, Every week they go forth and work on projects to bring in more economy. He felt the people on CETA training should be given an opportunity to obtain a job. As a whole they have one goal~.in Butte County and that is to change some of this and help and pull together to show they are ready to accept some industry. It will make the difference in the economy. It is a must that PIC get together and try to do those things, James Lynch, chairman, Private Industry Council, stated they had to look at all of the CETA programs. PIC authorized a study in February 1980 and every private employer was called looking for jobs, There was not enough public opportunity for people who needed it, Only 30 percent of the people trained find permanent jobs, He felt PIC was only a welfare program. With some restraints it can be changed. They chose to send the $4'2 million to $6 million back rather than use the ~noney~~i as a welfare program. After training there are no jabs to go to, Only 30 percent get jobs and the rest are out on the streets, He sees merit in the On: the Job Training and people have been put to work, The program is 70 percent inefficient. Mr. Lynch stated Lt, Governor Curb during his visit indicated tourism is the biggest industry in California, it is larger than agriculture. They usually relate industry to manufacturing, Maybe they should look in other directions. The Board has a big problem and it is not easily solved, PIC has sincerely tried to analyze the problem, it is not going to be easily analyzed, Supervisor Lemke stated he had received a letter from the tT.S. Department of Labor regarding phasedown of public service employment jobsa Supervisor Lemke read the letter into the record. He felt there were a number o£ good suggestions. Mr. Rackerby stated his office had received a copy and he had reported to the Board his plans which .accomplish everything in the letter. He had mixed feelings regarding the suggested job fairs. Mr, Rackerby stated the jobs listed in both the Chico and Oroville newspapers were for skilled labor at the entry level. Very few of the CETA participants have these skills. The survey completed by PIC indicated there are not a number of jobs for unskilled in this area. I£ industry deter•.m:nes what kind of training is required it can be accomplished through Title ITD, They do have individual references. It is difficult to work with these people in an area of high unemployment. PIC got hung up in the mechanics. He feels Butte County has a very effective CETA program. Roy Raney, member, Private Industry Council, stated there were a number of reasons for the council voting down the proposal of BEDCO, One was the time frame. There were coacerns regarding cost effectiveness. At their last meeting they instructed staff to come up with educational data for them to go over. Such as what other PIC agencies in other counties are handling this problem, They recognized the desperate need, but to spend it in a direction like this would not be for a CETA qualified person. Supervisor Saraceni stated the funds that would have gone to BEDCO would hire staff that would qua~~y%'to bring industry and get loans which Page 253. April 21, 1981 .F ,~ 81- 'b 652 April 21, 1981 are available-for this. Without the qualified staff, there is no way funding can be brought in for agriculture, industry, cannery or any type of industry and cannot be funded with a lower interest rate in today's market without that staff. To get those-jobs they have to back those people to get the funding for those jobs. Supervisor Lemke stated the money cannot be spent until they modify the plan-for direction back to the federal governmento He is hopeful the seminar will come up with the answers. They will not get anywhere unless they get directly involved. MOTION TO LEAVE DEFERRED COMPENSATION COMMITTEE AS IS Discussion on the Employees' Association request for an additional employee member be appointed to the Deferred Compansation Committee was held at this time. There was a motion by Supervisor Lemke, seconded by Supervisor Saraceni to leave the Butte County Employee's Association representation on the Deferred Compensation Cammittee as is. Chairman Moseley stated Bob Potter, representative from BCEA was in the hospital and Rad Weyand was present to represent the group. Rod Weyand stated he would like to explain their position as to why they are asking for three representativesa He had copies of the packet Mr. Potter put together if they had not been distributed. Mr. Weyand set out there are two units, management and a general unit. They are two entities. There are separate representatives for the law enforcement unit, When they negotiated in good faith with the county to establish: the Deferred Compensation pragr~;ma=rt was with representatives of these units and represent- atives of the county. This was agreed on, There must be a standing committee. The committee will establish rules and procedures. He felt the money belongs to the employees, it is coming from their pay checks. They axe asking for equal representation on this committeeo There should be three representatives. There are three groups involvedo They work together with management. He felt the previous Board minutes were confusingo Supervisor Lemke stated he did not want another committee. He is not concerned about the administration of the program. He was concerned that three more employees were going to take county time to go to more committee meetings. They have a group of people who can administer-the program. It is an on going thing. They have so many committees now with employees taking time off from county jobs that with the fiscal constraints he does not feel they can afford three more employees. Supervisor Dolan stated there are five on the committee. They are requesting one-more, The request is for the original group that :.studied it and worked with the proposal. Jim Rackerby, personnel director, stated they are requesting a representative from each group. If they set a policy the committee would continue to growar,eThere could be the problem of management and labor. The committee must meet on confidential matters. There are legal tests the county must meet, The smaller committee could work more effectively. Supervisor Dolan stated she did not think the request was to not, proliferate but to put the same committee as was originally formed. There will be confidential decisions and it can be handled through trust. Mr, Weyand noted he was using his vacation time to be present before the Board, As Mr. Rackerby had suggested there be one representative from labor, then there should be one representative from management. Regardless Page 254. April 21, 1981 April 21, 1981 8I- b'' of the number on the committee, they must render the rules and regulations. If they are concerned with savings, then cut from management. James Hansen, Oroville, Mr. Hansen stated he did not think the employees were paying, The taxpayers were paying their salarieso They are r~epresented~.by;-,~: people they elect to the officeo It appears from what he is hearing the controls are coming from people and representatives are hiding. Vote on motion: ', YES: Supervisors Lemke, Saraceni, Wheeler and Chairman Moseley NOES: Supervisor Dolan Motion carried. 653 PPROVE/DENY PENALTY ABATEMENT RE VESTS - CHANGE OE OWNERSHIP REPORT ', On motion of Supervisor Dolan, seconded by Supervisor Lemke and ', unanimously carried, the following action was taken regarding penalty abatement requests, change of ownership report: to Approved penalty abatement request for Gehlco Tractor Co., ', Inc.,AP 040-43-0-OI1-0 2. Approved penalty abatement request for George C. Toy, 025-25-0-061-0 ', 3. Approved penalty abatement request for Merritt Preston, AP 36-74-0-022-0 4. Approved penalty abatement request for Isabelle Curd, AP_ 44-44-0-067-0 S. Approved penalty abatement request for Kenneth A. & Joyce E, sh, AP 036-29-1-052-0 6. Approved penalty abatement request for Charles C. & Denise orth, AP 045-21-3-008-0 7. Approved penalty abatement request for Jack & Lorraine cClendon, AP 036-10-3-023-0 ', 8. Denied penalty abatement request for Arnold A, Bromme, AP 022- S-0-019-0 654 UTHORIZE SENDING LETTER REGARDING OROVILLE REDEVELOPMENT AGENCY PROJECT N0, 1 There was a motion by Supervisor Lemke, seconded by Supervisor Dolan o authorize sending the letter regarding Oroville Redevelopment Agency Project o. 1 to the City of Oroville. Supervisor Ao1an question if a committee could be set up to discuss he issue prior to a meeting before the full Board. Motion amended: a committee of Supervisor Saraceni and Chairman Moseley beset up o meet with the City of Oroville to lay the ground work prior to a full - oard meeting was authorized, _. - ~ - Page 255. April 21, 1981 81- a April 21, 1981 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ = W = - _ _ _ _ _ _ _ - _ _ _ _ - _ _ _ Vote on motion: AYES: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley Motion carried, 655 656 APPROVE ACCEPTANCE OF SNOWMOBILES AND AUTHORIZE PURCHASE OF VEHICLE FOR JUVENTI:E_~i OFFICER Discussion of request for acceptance of two snowmobiles and purchase of additional automobile was held at this time. harry Gillick, sheriff, stated the request was for an unmarked car for the juvenile _rc>:r~~;-_ officero They go to homes and schools and it is best to use an unmarked car. Dan Blackstock, county counsel, set out the background from the discussion held last week. The question came up if the Board could accept the snowmobiles with clear title and then at a later time pay off the note the individuals `in his department signed, Mr. Gillick stated the juvenile6ffic~er uses the car most of the day. The cost would be $5,355 fram fixed assetso On motion of Supervisor Lemke, seconded by Supervisor Wheeler and carried, the purchase of an automobile for the juvenile officer from a savings within their budget was approved. AYES: Supervisors Dolan, Lemke, Saraceni and Wheeler NOES: Chairman Moseley Bill DeMotto, captain, Search and Rescue, stated the unit has voted to pay for the snowmobiles. fihey would like for the Board to accept them. They have paid for them out of their budget for radios. They used $5,000 and at budget time they hope the Board will consider this and approve a request for radioso In order for them to be covered by insurance they chose to pay for them and have the county accept them. During previous discussions they were told to solicit fundscrTlae two trailers being built to carry the snowmobiles have had various businesses donate welding, iron, electrical wiring and other items from the Durham and Chico area. Supervisor Saraceni stated he has been working to help them with their funding, but it is not completed, He will regort back at a later time. Supervisor Wheeler stated she wanted to inform Sheriff Gillick that Captain Grey has been to Forest Ranch and Cohasset discussing his new patrol system and the residents are pleased, On motion of Supervisor Lemke, seconded by Supervisor Dolan and unanimously carried, the two snowmobiles were acre~pted by the Board. Chairman Moseley stated she had received a telephone call from Eleanor Samuelson of Richvale regarding a xobbery while they were out of town. They would like their resident deputy back. SUFERVI50R LEMKE ABSENT AT THIS TIME APPROVE BUDGET TIik1NSFERS Clif Nickelson, administrative officer, set out the background on the budget transfer as it relates to HCD, SUPERVISOR LEMKE PRESENT AT THIS TTME Page 256. April 21, 1981 ', April 21, 1981 81- On motion of Supervisor Wheeler, seconded by Supervisor Saraceni and ~' carried, the following budget transfers were approved: B-199 - Housin and Communit Develo ment. (1) Closes out the ', HCD administration budget in the Administrative Office; (2) creates the HCD administration budget (180) for contract administration in the Public Works Department; and (3) establishes appropriations for staff time in the Public orks Department involved in contract administration,. AYES: Supervisors Lemke, Saraceni, Wheeler and Chairman Moseley NOES: Supervisor Dolan 657 PUBLIC°>HEARING DATES SET - HCD ', Public hearing dates of May 5, 1981; May 19, 1981; and May 26, 1481 at L1:00 a.m. for consideration of citizen participation in the Housing and Community Development plan were set. Pat McCafferty, Connerly and Associates, stated the hearings would be before the Board. Final action will be held May 2bth; Staff will hold eetings on May 6 and May 20 to give feed back of information received, RECESS: 10:10 a.m. RECONVENE: 10:25 a.m. 658 T]BLIC HEARING: STANLEY M. BOGGS PETITION FOR VARIANCE TO SECTIONS 19-10 AND/ OR 19-12 OF BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME, CHICO AREA - EDWARD AND DONNA MCMARTIN PETITION FOR VARIANCE TO SECTIONS 19-10 AND/OR 19-12 OF BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE HOME BANGOR AREA The public hearings on the following were held as advertised: ', to Stanley M. Boggs petition for variance to Sections 19-10 and/or 14-12 of the Butte County Gode for placement of a mobile home on AP 39-12-03, Route 2, Box 850, River Road, Chico area; zoning "A-i0"; and 2, Edward and Donna McMartin petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on P 28-27-099, off of LaPorte Road, Bangor area; zoning "A-5". ', Lynn Vanhart, environmental health director, set out the background on the two petitionso They are children wishing to care for-their mothers. ', he petitions are in order. ', Hearing open to the public: Appearing: No one. Hearing closed to the public and confined to the Board, On motion of Supervisor Lemke, seconded by Supervisor Saraceni. and nanimously carried, the following petitions for variance to Sections 19-10 nd/or 19-12 of the Butte. County Code for placement of a mobile home-were pprovedofor a period of one year: 1. Stanely M. Boggs, AP 39-12-03, Route 2, Box 850, River Road, hico area, zoning "A-10" and 2. Edward and Donna McMartin, AP 28-27-099, off of LaPorte Road, angor area, zoning "A-5", 659 DOPT RESOLUTION 81-78: PUBLIC HEARING: ROSSER R. 5E07'~' ABANDONMENT OF PUBLIC ILITIES AND RECREATIONAL EASEMENTS .PARADISE PINES UNIT 5 LOT 120 The public hearing on Rosser R. Scott abandonment of public utilities nd recreational easements, Paradise Pines Unit 5, Lot 120 was held as dvertised. Page 257a April 21, 1981 April 21, 1981 81- Bettye Blair, planning director, stated the abandonment was in order. v' ', Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board, ', On motion of Supervisor Lemke, seconded by Supervisor Saraceni and unanimously carried, Resolution 81-78 on the Rosser R. Scott abandonment of public utilities and recreational easements, Paradise Pines Unit 5, Lot 120 ', was adopted and the Chairman authorized to sign. 660 ADOPT RESOLUTION 81-79 OROVILLE':.,ROAD NAME CHANGES AND ADOPT RESOLUTION 81-80 PARADISE ROAD NAME CHANGES: PUBLIC HEARING: RENAMING OF COUNTY ROADS - OROVILLE AND itPARADISE AREAS The public hearing on renaming of county roads in the Oroville and Paradise areas was held at this time, ', Hearing open to the public. Appearing: 1. Gaylan Wright, 81 Rivervew>> Terrace, Orovi•11e. Mr. Wright stated the residents would like to leave the name at Riverview Terrace and drop the word drive. Clay Castleberry, public works director, suggested the official name be changes as requested by the committee. The other road is in Kelly Ridge, he did not think there would be a problemo On motion of Supervisor Saraceni, seconded by Supervisor Dolan ', and unanimously carried, Resolution 81-79 renaming county roads in the Oroville area as follows: Existing Name Termini Name Change 1, Riverside Drive Table Mountain Blvd. Riverview Terrace to Riverview Terrace .. I Drive ', 2. Riverview Terrace Drive Riverside Drive to Riverview Terrace 'Fable-Mountain Blvd. was adopted and the Chairman authorized to sign. Mr. Castleberry stated the Town of Paradise and the county concurs with the changes in Paradise. On motion of Supervisor Lemke, seconded by Supervisor Saraceni and unanimously carried, Resolution 81-80 renaming county roads in-the Paradise area as follows: Existing Name Termini Name Change 1, Van Fossen Ravine Road Wagstaff Road to End Van Fossen Road was adopted and the Chairman authorized to sign. 661 PUBLIC HEARING: R. GRANT CLINE APPEAL OF PROPOSED NEGATIVE DECLARATION AND DENIED REZONE FROM "AR-MH-3" (AGRICULTURAL RESIDENTIAL MOBILE HOME - 3 ACRE PARCELS) TO "PA-C" (PLANNED AREA CLUSTER) TO ALLOW A NINE UNIT RESIDENTIAL DEVELOPMENT ON PROPERTY LOCATED APPROXIMATELY 600 FEET WEST OF SKYWAY AT WOOF WARD AVENUE IDENTIFIED AS AP 64-67-12 NORTH OF PARADISE The public hearing on R. Grant Gline appeal of proposed negative ', declaration regarding environmental impact and denied rezone from "AR-MH-3" Page 258, ` ', April 21, I981 81- a. April 21, 1981 _ _ _ (agricultural residential mobile home - 3 acre parcels) to "PA-C" (planned area cluster) to allow a nine unit residential development on property located approximately 600 feet west of Skyway at Woodward Avenue, identified as AP 64-67-12, north of Paradise was held as advertised. Bettye Blair, planning director, stated the Board had received copies of Planning Commission recommendations, copies of correspondence which came after the Planning Commission meeting and staff findingso Earl Nelson, environmental review director, set out the background on the environmental determination. A conditional negative declaration had been recommended. Applicant has agreed to all mitigation measures.. Their recommendation was only part of the measures, he submitted a memo outlining the additions. Hearing open to the public. Appearing: 1. Mike McEnespy, McCain and Associates, Mr. McEnespy set out the staff findings, County staff had comments from the Sheriff, Environ- mental Health, Public Works and Fish and Game Commission and there were no objections.. During public hearings concerns were voiced regarding density. Yt is consisten.k with existing zones. The other objection was in regard to water supply. Del Oro has assured him their is enough water. in the current and in the reserve supply. The lots meet the requirements of CEQA. They feel this zone will provide more protection for the existing zone. Planning Commission stated they denied th'e project because they had denied a similar one, Concerns were voiced regarding traffic. There will be more traffic on-the Skyway. 7t will be below Coutelenr Road. Their concern was with the traffic betweenPEaradise and Magalia, it is going to get worse with or without this project. Supervisor Lemke stated he had received a letter which indicated all DeI Oro property owners were cautioned there is a water shortage and to conserve. 2. Bill Cutler, Del Oro Association. Mr. Cutler stated the subject property is within the Del Oro Association boundaries. They are deeply concerned if this proposed subdivision is granted the effects of traffic and the water. Mr, Cutler stated Archie MacDonald was unable to attend and had submitted a letter. 3. Ho C. Ashley, Magalia. Mr. Ashley was representing the Upper Ridge Coordinating Council. This project is similar to the one on Nimshew Road. They felt any zoning into smaller parcels will add to the problems of traffic and water. The area is remote, there would be~pr.oblems if there was a catastrophe. Any addition of smaller lots would aecelerate~' thsc The residents in 1977 did receive a letter regarding water shortage and rationingo No one is sure how much water is in the area. They could buy ** some-from PG&E, The Planning Commission recommended that the 100 parcels on 88 acres zoning noCrb~e:~allowed. 4, Grant Cline, applicant. Mr. Cline stated he was friends with Mr. Culter, he sold him his property. His property is not within the boundry of Sierra Del Oro or Paradise Pines. He has lived there approximately ten years. Mr. MacDonald is a neighbor. He has used his land for access and to walk his dog, He offered to construct a left hand pocket on the Skyway but was told by county officials it was not necessary. He feels if the project is not agproved it is like confiscation without compensation. McCain drew " a map indicating each rock and tree. There will be no mobile homes. He feels he has a right to use his land as long as he does not hurt anyone else. Page 259. April 21, T981 81- 3' April 21, 1981 - _ _ _ _ - - _ _ _ _ _ = _ _ _ - T _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Hearing closed to the public and confined to the Board. On motion of Supervisor Lemke, seconded by Supervisor Saraceni and carried, although the proposed project could have a significant effect on the environment there will not be a significant effect in this case because of the mitigation measures described and determined by Environmental Reuiew 'earlier has been added to the project and a negative declaration is recommended with the following mitigation measures: 1, Construct a standard 5-18 public road approach at the intersection of Skyway and the access entrance. 2, Implement the following erosion control measures during construction: a. Stabilize a1I soil surfaces exposed by construction and grading, b. Stablize roads with surfacing of gravel.or pavement, or through other measures as prescribed by the P.W.D. c. Stabilize storm water runoff channels with the installation of culverts, riprap, rock lining, energy dissipating structures, or other measures as recommended by the P.W,D, d. Earthwork is to be conducted during the dry season only, No disturbed surfaces are to be left unprotected during the winter rainy season. 3, Roadway locations are to conform to the terrain, following contours as much as possible and avoiding steep embankment cuts. Road grades are not to exceed 15 percent, 4. Properly sized and installed culverts shall be placed in any drainage caurses crossed by roads or driveways. 5. Building sites shall be located on areas of less than 20 percent slope, unless soil stabilization-techniques as approved by the A,P.W. are incorporated into the design. 6. Removal of natural vegetation for purposes other than necessary site improvements as required by the D,P.W„ Environmental Health Department, or the Butte County Fire Department, shall be prohibited, 7, Perimeter fencing which would create a barrier to the normal movement of wildlife shall not be constructed on the project site. 8. Any excavation on the project site shall be performed in accordance with the Butte County grading ordinance. 9. Drainage improvements shall in no way impair the stability or erode the soil of cut banks on the site. AYES: Supervisors Lemke, Saraceni, Wheeler and Chairman Moseley NOES: Supervisor Dolan There was a motion by Supervisor Lemke, seconded by Supervisor Dolan, the Planning Commission decision to deny the R, Grant Cline rezone from "AR-MH-3" (agricultural residential mobile home - 3 acre parcels) to "PA-C" (planned area cluster) to allow a nine unit residential development on property located approximately 600 feet west of Skyway at Woodward Avenue, identified as AP 64-b7-12, north of Paradise, based on the density, traffic and potential water problems of the area surrounding '.lends ~self~ to:~a considerable number of small lot splits; : t&e ~.patetttialhFis,, there! _ " for establishing a preaedentc on a number of large, even larger parcels in the area that are currently under "AR-MK-3", be upheld; that the rezone be Page 260, April 21; 1981 ..i 81- April 21, 1981 J ~ e~eairmsn Moseley^stated Mr, Cline had indicated Public Works did not feel a turn pocket was necessaryo Supervisor Lemke stated he understood this but he was anticipating the growth in the Upper Ridge. There are changes and the traffic is signif- icant in the areao It is heavy at the present time. He was looking into the future and establishing a precedent in the area, They are working now with the future in the Paradise Pines area. They-were taking traffic counts until the hose was stoleno There are plans for handling future problems. Vote on motion: AYES: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley. Motion carried. 662 PUBLIC HEARING: P05ADA WAY INVESTORS PROPOSED NEGATIVE DECLARATION AND GENERAL PLAN AMENDMENT TO PLACE A "HIGH DENSITY RESIDENTIAL" DESIGNATION ON PROPERTY CURRENTLY DESTGNATED "MEDIUM DENSITY RESIDENTIAL",.PROPERTY LOCATID ON THE NORTHWESTERLY CORNER OF JOSHUA TREE ROAD AND POSADA WAY, IDENTIFIED AS AP 44-61-3, 9, 10 AND 11, CONTAINTNG 3.6 ACRES, MORE OR LESS, CHICO - MOTION OF INTENT --..___ ......_..._..,._.._ _~_....._._.....__ -__._. The public hearing on Posada Way Investors proposed negative declaration regarding environmental impact and General Plan amendment to place a "high density residential" designation on property currently designated "medium density residential", property located on the northwesterly corner of Joshua Tree Road and Posada Way, identified as AP 44-6i-3, 9, 10 and 11, containing 3,6 acres, more or less, Chico was held as advertised. Bettye Blair, planning director, set out the background an the project, She asked that the Board defer-final action on the request until action on the Gridley-Biggs General Plan Amendment had been handled. The Planning Commission recommends approval. Earl Nelson, environmental review director, stated in the initial study they noted much of the surrounding area is already developed-. There would be somewhat of a change, for that reason they recommend a negative declaration. There would be `.additional traffic. Supervisor Wheeler noted from staff findings dated March 18th there is the possibility the project could be rental unit without any requirements. Ms. Blair stated it is in existing "R3" zone. Instead of having to file a subdivision map .for a condominium, there has to be ,. conformance with the General Plan. They also attempt to achieve at the subdivision level a specific none. At this time the density would be beyond the reach of the General Plan, the impacts are there, Hearing open to the public. Appearing: to Pete Giampaoli, applicant, placed maps of the proposed project on the board. Traffic was the biggest consideration. Mr. Giamaoli set out the background on his project. On February 15, 1978 they purchased a four lot 'parcel in an existing 11 lot subdivision. Of the four lots they anticipated 'placing apartments until the interest rates went high, They designed a 96 unit one bedroom apartment complex, their next proposal was an.=BQ two bedroom unit. They looked at the economics of the property and it was not - something they felt they could proceed further-with. They felt an alternative was for lower-density. Their first plan was for a 55 :;'unit and changed it to a 45 unit condominium. In any subdivision you file there must be compliance with the General Plan which shoias~fr%ve to eight unite per acre. Page 261. April 21, 1981 April 21, 1981 SI- b Mr. Giampaoli set out the density and number of units per acre. There would be a buffer between the single family residents. They have filed a subdivision map with the county. They will institue a PA-C zoning request. Mr, Giampaoli set out the maps for the other two proposed projects. The septic has been approved by the county, Traffic is one of the major problems. The EIR pointed out no significant impacts but staff feels there is some potential problem with traffic. They agree there will be some traffic on E1 Paso, They feel residents will use Eaton either to the northeast of the project or one to the north with traffic going south will use Lassen Avenue to Esplanade, To reach the mall it is easier to use Lassen Avenue to Cohasset. He set out the density requirements from the Land Use Element, He felt this project will not stop the traffic problem or make it specifically worse. Hearing closed to the public and confined to the Board, 663 Ms, Blair stated staff has prepared a motion-which would handle both this project and the Gridley-Biggs General Plan Amendment, On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, a motion of intent to approve the Posada Way Investors General Plan Amendment to place a "high density residential" designation on property currently designated "medium density residential", property located on the northwesterly corner of Joshua Tree Road and Posada Way, identified as AP 44-61-3, 9, 10 and 11, containing 3,6 acres, more or-less, Chico was authorized. Final action to be handled later in the meeting. PUBLIC HEARING:- BUTTE COUNTY PLANNTNG COMMISSION AMENDMENT TO CHAPTER 24 OF TEiE BUTTE COUNTY CODE TO STANDARDIZE SPACE REQUIREMENTS FOR LIVESTOCK IN THE nA-R", nAR"MH°, "AR-MH-3", "AS-R", nFR-2", "FR-5", "FR-10", "FR-20"? "FR-40", nFR-160", "S-R", nSR-1/2r,~ „SR-1", nSR-3", "TM-1„~ „TM-2", "TM°2xzn, ,rTM-~", "TM-5", "TM-10", "TM-20", "TM-~+O" AND "TM-160" ZONES, COUNTYWIDE The public hearing on Butte County Planning Commission amendment to Chapter 24 of the Butte County Code to standardize space requirements far livestock in the "A-R", "A R-5", "AR-MH", "AR-MH-3", "AS-R", "FR-2", "FR-5", "FR-10", "FR-20", nFR-40", "FR-160", "S-R", "SR-l/2 ", "SR-1", "SR-3", "TM-1", "TM-2", "TM-22n, nTM-3", "TM-5", "TM-10", "TM-20", "TM-40" and "TM-160" zones, countywide was held as continued; Bettye Blair, planning director, set out the background on this project. The Board had referred the matter back to the Planning Commission to consider regulating the square~£oatage of livestock. After discussion and a split vote they chose to remain with the original proposal. Hearing open to the public, Appearing: 1, Richard De Vore, Paradise. Mr. De Vore stated they have been .active in trying to modify or limft some of the densities referring~ao 'animalso They feel the problem is maintenance. They would like to see :stronger abilities for the Health Department, Sheriff and Humane Society. ;It is not the number of animals, but the proper maintenance. 2, Evelyn Reeder, Thermalito, Mrs. Reeder questioned the number of animals allowed within her zone. Ms. Blair set out the requirements within the nAR-MH" zone. 3. Steve Roach, Oroville. Mr. Roach works with 4-H and FFA members. He does not feel the zoning of the property or the animals is the answer. It is the owners responsibility tolmai~ntain their animalsa When they were first Page .262 , April 21, 1981 AQril 21,a 1981 g~- before the Board they presented a petition but there has been no mention of it. b', They proposed a committee of livestock people to work on the changes, 4, Wayne Anthony, Paradise. Mr, Anthony stated he owns a 2'~ acre parcel and raises animals. This measure would hurt the small land owner who has small lots. It will hurt those who raise animals for food and ', profit. He voiced his concern about roaming dogs killing other peoples animals. He has not heard of -restr-ictirig;dmgs. 5. Bill McBride, Paradise. Mr. McBride raises goats and if the proposal is adopted he could not raise all of these animals. He felt the problem was maintenance. 6. Troy Wooton, Chico. Mr. Wooton stated he felt the proposal would be more restrictive. He suggested the Humane Society handle the problems. It is up to the land owner to handle proper maintenance. 7. Dorothy Best, Cohasset. Mrso Best stated she has spoke before and felt the 4-H kids needed areas to have their animal projects. Hearing closed to the public and confined to the Board, Supervisor Lemke stated he is-:hei~ri~ng~~}~e,ngle.-~dre'ct)y involved with livestock and it sound like it is a problem of manure. He would like the Board to consider leaving the code as it is written and not try to impose further restrictions. Supervisor Saraceni stated he felt there was more of a nuisance problem. He feels the children should be allowed their 4-H projects. There was a motion by Supervisor Lemke, seconded by Supervisor Saraceni that the amendment to Chapter 24 of the Butte County Code to standardize space requirements for livestock in the "A-R", "AR-5", "AR-MH", "AR-MH-3", °AS-R", "FR-2", "FR-5", "FR-10", "FR-20", "FR-40,', "FR-160", "S-R", °SR-1/2", °SR-1", "SR-3", "TM-1", "TM-2",."TM-2'~", "TM-3", "TM-5", "TM-10", "TM-20", "TM-40" and "TM-160" zones, countywide be denied. Ms. Blair stated at the last meeting the Board reference was to consider your removing the regulations. Supervisor Lemke stated he was not ready to address that at this point. He felt the subject of all of the hearings was looking into whether or not to have the animals or individuals regulated. It should be considered at another-meeting. Supervisor Wheeler stated there are some areas where more restriction, are~needed.a: Violations are taking place and they will continue, Vote on motion: AYES: Supervisors Dolan, Lemke, Saraceni, Wheeler and Chairman Moseley Motion carried. APPEARANCE: JAMES HANSEN 3ames Hansen questioned if the pressure regarding the livestock restrictions had been from a different group which direction the Board would have gone., Government is continuing to manufacture laws to centralize things. He felt if you treat people like animals they will act like them. 665 APPEARANCE: ELLIS CHAMBERLIN Ellis Chamberlain, O~oulle Downtown Business Association, spoke regarding broken street light globes and concrete standards at the old ', Page 263. ', April 21, 1981 81- $' April 21, 198_1 _ owntownYcourt house square. The damage was done by the 1975 earthquake. e is awaiting their. support and reply. Mr. Chamberlain presented a letter rom the Association, The responsibility continues to be passed on from coup to group. Chairman Moseley stated they would get a group together including ity of Oroville, County Supervisors, Schools and other individuals to work n the problem. Clif Nickelson, administrative officer, stated his office would pork on-the problem and report back. 666 PPEARANCE: HENRY MCCALL Henry McCall, Oroville Councilman, spoke requesting support of SB 1161 an amendment to the public utilities code relating to Public Utilities *** Commission. Copies are to be forwarded to the Board members. Mr. McCall commended Supervisor Wheeler on her drug paraphernalia ordinance which was considered at City Council. 667 APPEARANCE: ROBERT LEMKE Supervisor Robert Lemke invited everyone to attend the opening of the Gold Nugget Museum .c.r and to all Gold Nugget festivities to be held in Paradise later this week. He stated Mr. Castleberry had joined the E1 Clampus groupo 12:26 p,m. ENE: 1:30 p.m. SORS DOLAN AND WHEELER ABSENT AT THIS TIME 668 APPROVE INCREASED BUDGET - riEN~rAL tt~a~'rtt ~~xv ~~r~s On motion of Supervisor Lemke, seconded by Supervisor Saraceni and carried, an increase in revenue for the Mental Health Services budget of $19,700 to be appropriated for professional and specialized services:;was approved; contract amendment with Do-It, Inco with increasing maximum reimbursement by $2,500 was approved and the Chairman authorized to sign, 669 (APPROVE PUBLIC WORKS TTEMS There was a motion by Supervisor Lemke, seconded by Supervisor Saraceni, to approve the following Public Works items: 1. The first reading of the ordinance establishing a 25 mph speed limit on Conners Avenue between the Esplanade and East Avenue, Chico was waived; and 2. Approved request of Neal Road Landfill to allow olive. waste is to be disposed of at the Neal Road dump site with no cost impact, SOR WHEELER PRESENT AT THIS fiIME Vote on motion: YES: Supervisors Lemke, Saraceni, Wheeler and Chairman Moseley BSENT: Supervisor Dolan Motion carried, 670 DISCUSSION: REPORT TO TH Discussion was held on a report to the Board on Ramsey Gregory subdivision application at this time. Page 2fi4. April 21, 1981 81- ~' 67 April 21, 1981 Gary Smith stated Mr. Gregory was present at the previous meeting as a representative for him. He wished to address an issue that exists throughout the countyo SUPERVISOR DOLAN PRESENT AT THIS TIME Mr. Smith stated he was never advised there was going to be a delay in his project, He set out the background on his application; He responded to comments from a memo to the Board dated April 16, 1981 .from the Planning Director. The process of a developer building and private owners is lengthy, expensive and inadequateo His proposed project is on Oak Way. The General Plan calls for medium density residentiab. There seems to be .a hold up because of the "SR" zoning. He purchased the Land Use Element book and his interpretation and staffs is not the same, He feels it is in compliance, He feels the General Plan disagrees with some densities. The California Administrative Code and all sources should be considered with the General Plan. There is a lot of land that has zones on it that are not consistent with the General Plan. He felt the Board should take a definite stand and to clarify it to applicattoo Applicants should be informed early in the process. Information has to be pulled out of county staff. Dan Blackstock, county counsel, stated the engineer was acting as his agento The county cannot be responsible for a lack of communication between the two. Bettye Blair, planning director, stated in her memo she set out to clarify the application process. Ms. Blair stated there is a problem whereby the engineer receives the information but does not pass it along to the applicant. Supervisor Dolan stated the Chico urban area is large and the changes cannot be accomplished overnight. There is local design and community .input into the process of changing it. ADOPT RESOLUTION 81-81: GENERAL PLAN AMENDMENT TO LAND USE PLAN FOR BIGGS- GRIDLEY AREA AND POSADA WAY INVESTORS CHICO The closed hearing on Butte County Planning Commission draft environmental impact report and General Plan amendment to the Land Use Plan of the Biggs-Gridley area was held as continued. Charlie Woods, planner, set out the background on the proposed resolution. There should be a motion regarding the environmental findings before the formal adoption. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, finding for certification of the environmental impact report for the Gridley-Biggs General Plan amendment to the Land Use Element; further finding that summations of the comments and recommendations from the public have been attached to the draft environmental impact report, that written responses to significant environmental points raised by the comments have been prepared and attached to the draft environmental impact report and that a list of the persons, organizations and public agencies who commented has been attached to the draft environmental impact report; move to adopt the responses to comments prepared by the Environmental Review Director as the responses of this Board and further move to certify the final environmental impact report as having been completed in compliance with the California Environmental Quality Act, the State Environmental Review Guidelines and the Butte County Enviornmental Review Guidelines be approved, On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, finding that the proposed Posada Way Investors project could not have a signifzcaiat effect on the environment, a negative Page 265. April 21, 1981 81- a April 21, 1981 declaration is recommended, J On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, having reviewed and considered the final environmental impact report on the 'Gridley=Bgg•sGeneral Plan Amendment the following €ind ings were • approved :. ~ ,. • , ,` - la Development which is anticipated to occur within the project area in compliance with growth policies and density limitations may have a significant effect on the environment in the areas of surface drainage accommodation, potential loss of riparian woodland, traffic noise exposure, agricultural/residential interface conflicts, potential loss of agricultural land, traffic increases and congestion, energy consumption, and potential loss of archaeological sitesa Many, but not a11, of the above-listed impacts can be mitigated on a project-by-project basis, or in connection with community improvement projects which may be undertaken in the future with public or private funding, The likelihood of such mitigation is too speculative for evaluation at this time. 2, With the exception of the "No project" alternative, the alternatives listed on page 41 of the environmental impact report have been incorp- orated into the current proposal where such incorporation has been found to be consistent with community desires and General Plan goals and policies. The "No project" alternative can be divided into two categories, the first being no building or development within the project area whatsoever, and the second being simply to retain existing land use categories. The first of these is being rejected because it is not politically feasible or realistic or consistent with the desires of the community. Zoning tools to implement this alternative are not likely to be adopted, Leaving the land use categories as they are is being rejected because the proposed categories more accurately reflect community goals and the policies of the General Plan. 3o Although there may be significant adverse environmental effects resulting from development which would be allowed pursuant to approval of this project, there are overriding considerations-which justify project approval, These overriding considerations include:. a. The Butte County General Plan-calls for periodic review and update of land use classifications throughout the countyo This project is a part of this ongoing process. b. The land use designations being adopted represent an improvement over present land use designations in that they were firmulated with the help of citizen input to more effectively implement the goals and objectives of the Butte County General Plan, c, The land use categories being adopted are potentially less environ- mentally damaging at full buildout than the categories which previously were in effect for the area, while still providing room for community expansion, d, The land use patterns under consideration provide areas for rural homesites on large parcels which will offer area residents the opportunity to offset food and energy resource demand by becoming partially self-sufficient through producing on the premises a portion of their food and energy needs. e. The land use categories being adopted represent a cooperative effort reflecting the growth policies of Butte County and the communities Page 266a April 21, 1981 _, 81- ~' 672 673 6741 675 April 21_,_1981 _ _ _ _ __ of Gridley and Biggs whose^spheres of influence will develop under County jurisdiction until such time that contiguous area axe annexed. having made the above findings for the Gridley-Biggs General Plan Amendment; and further having found no significant effect with regard to the Posada Way Investors General P1an.Amendment, Resolutian 81-81 amending the General Plan was adopted and the Chairman authorized torsign, AMENDMENT TO CHAPTER 24 OF TEiE BU7°PE COUNTY CODE CONSOLIDATING THE "FR", "SR" AND "TM" ZONES TAKEN OFF TfiE AGENDA Bettye Blair, planning director, requested the the amendment to Chapter 24 of the Butte County Code consolidating the "FR", "SR", and "TM" zones be taken off the agenda. DTSCUSSION: REGARDING "GREEN LINE" Supervisor Wheeler stated she was very interested in the "Green Line" which draws the line between urban and rural land, Without very specific language being drawn up she could see a problem, She questioned if the changes on the map and the written language could be discussed at the same time. She would like to see input from the agr~.culture community. They are interested in active participation. She is concerned about all of Butte County. Supervisor Dolan stated at the-last Planning Commission it was brought up regarding having information.duplicated and forwarded to various agencies which are interested. Supervisor Wheeler felt when an individual came in .: -~ -with an application there was a distinct line and the proper language. Supervisor Saraceni stated he felt there was considerable input and information on all of the decisions that happened with the "Green Line". Bettye Blair, planning director, stated the Planning Commission has made a motion of intent on the location of the "Green Line", but the matter is not closed, They have not really generated talk through the process of language. Nothing is closed, DISCUSSION: APPOINTMENTS TO THE BUTTE COUNTY EMPLOYMENT AND TRAINING ADVISORY COUNCIL (CETAC) - CONTINUE TO APRIL 28, 1981 Clif Mickelson, administrative officer, stated the city govern- ment representative has been eliminated from CETAC. The dity government representative is the chairman of Private Industry Council. Continued to April 28, 1981 appointment to the Butte County Employ- ment and Training Advisory Council (CETAC) the veteran representative. OONTINUE APPOINTMENTS TO APRIL 28 1981 The following appointments were continued to April 28, 1981: 1, Youth Planning Council 2. Agricultural Advisory Commission - District 5 b76 I APPOINTMENTS TO MENTAL HEALTH ADVISORY BOARD On motion of Supexnrisor Dolan, seconded by Supervisor Lemke and carried, the following appointments to Mental Health Advisory Board were approved: Michael Stockwell - Professional Jerry Kenkel - Professional Audrey Brynda - Parent/Consumer Elizabeth Wolf - Parent/Consumer Page 267. April 21, 1981 s- ~, April 21, 1981 _ _ _ _ 'ES: Supervisors Dolan, Lemke, Saraceni and Chairman Moseley 3STATNING: Supervisor Wheeler . 677. APPOINTMENTS CONTINUED TO APRIL 28 1981 The following appointments were continued to April 28, 1981: 1. Butte County Housing Authority - District 2 2, Butte County Justice System Advisory Group 678 APPOINTMENT TO THE ALC;UHUL a~vts~xs nvr~icu On motiom of Supervisor Lemke;,seeondedcby-Supervis,sr Saraceni and unanimously carried, the following appointment to the Alcohol Advisory Board was approved: Melvin Sargent 679 Butte County Mosquito Abatement District, Dr. Hazeltine writes requesting the Board support AB 1662. See motion .following communications. Mr, and Mrs. Thomas S. Brownlee, Oroville. Mr. and Mrs. Brownlee write in support of continuing the present Animal Control Services. Infor- mation; no action taken. David W. Lands, Citizens Advisory Committee. Mr. Lantis, on behalf of the Citizens Advisory Committee to study the proposed green line, provides information and requests support for the project. Referred to Planning DeparCment. Alkop Farms, Chico, Robert E, A11en, on behalf of Alkop Parms, writes in opposition to the proposed green linen Referred to Planning Depart= meat. William H. Nolan, San Marino. Mr. Nolan writes appealing a draft environ- mental impact report and Planning Commission denial of rezone from "FR-10" (foothill recreational - 10 acre parcels) to "F'R-5" (foothill recreational - 5 acre parcels) property located on both sides of the Craig Recreation Access Road, approximately 500 feet north of Lumpkin Road, identified as AP 7i-i5-O1, approximately 15 miles northeast of Oroville. Set for public hearing May 12, 1981 at 10:15 a.m. Robert R. Day, Tahoma. Mro Day writes appealing proposed negative declaration and Planning Commission's denial of variance to minimum lot size requirements to allow the creation of two parcels on property zoned "TM-2" (timber mountain - two acre parcels)'located on both sides of Maple Lane approximately 350 feet east of Cohasset Road, agprox- imately 12 miles north of Vilas Road, identified as AP 56-12-91, Cohasset area. Set for public hearing May 12, 1981 at 10:30 a.m. Henderson and Esser, attorneys at law. The attorneys write requesting a hearing on action taken by the Assessor regarding tax exemptions owned by the Eaith Center, a California nonprofit church corporation. Referred to the Assessor. Upper Ridge Coordinating Council. The Council writes in opposition to a proposed rezone, AP 64-67-12 proposed by R. Grant Cline and McCain and Associates. Handled earlier in the meeting. - Linda L, Vaccaro, Chico, Ms. Vaccaro writes in opposition to a proposed rezone in the area of Estates Drive at Highway 99. To be considered at the time of the hearing. Page 268, April 21, 1981 81- 3' April 21, 1981 Sierra Del Oro Property Owners Association, Magalia. Bill Culter, chairman, writes providing information that his organization is in opposition to a proposed rezone submitted by McCain and Associates on behalf of R, Grant Cline. Handled earlier in the meeting. California Associated Builders and Contractors, Inc., Sacramentoo Robert G. Guernsey, executive director, requests support of SB Sl4 repealing the requirements to pay prevailing wages in the State of California. To be considered April 28, 1981. County of Tehama. The Tehama Board of Supervisors requests support by resolution of the Sacramento River parkway. Supervisor Dolan to bring matter back on May 5, 1981. Neil Hazelton, Sr., Oroville. Mr. Hazelton submits a claim for damages totalling $30 million for injuries alleged to have occurred on January 4, 1981, Referred to County Counsel. A, John Merlo, attorney at law. The attorney submits a claim on behalf of Donald H. Hines in the amount of $100,000 for an alleged false arrest. Referred to County Counsel. 680 681 68~ Ronald J. Evans, Chico. Mr. Evans writes appealing a proposed negative declaration and Planning Commission's denial of rezone from "A-20" (agricultural - 20 acre parcels) to "A-5" (agricultural - 5 acre parcels), property located on-the west side of Esplanade, approx- imately 1,700 feet north of Garner Lane, identified as AP 44-02-52, north of Chico, Set for public hearing May 12, 1981 at 10:45 a.m, Robert E, & 3udith I. Shepherd, Chico. Mr. and Mxs. Shepherd request a waiver of improvement for building permit to change property located at 181 East 9th Avenue, Chico, AP 45-061-17, from residential use to commercial use. Set for public hearing May 12, 1981 at 11:15 a.m, MOTION IN SUPPORT OF AB 1662 On motion of Supervisor Lemke, seconded by Supervisor Dolan and unanimously carried, a motion in support of AB 1662 was approved. ADOPT RESOLUTION 81-82 - SUPPORT OF LAVE COUNTY RESOLUTION -PLANNING MANDATES .On motion of Supervisor Lemke, seconded by Supervisor Saraceni and carried, Resolution 81-$2 in support of Lake County resolution opposing excessive planning mandates from the State of California and urging the reintroduction of legislation similar to AB 220b-was adopted .and the Chairman authorized to sign, AYES: Supervisors Lemke, Saraceni, Wheeler and Chairman Moseley NOES: Supervisor Dolan LETTER OF SUPPORT FOR MOTHERS AGAINST DRUNK DRIVERS MADD On motion of Supervisor Lemke, seconded by Supervisor Saraceni and unanimously carried, a letter of support to be forwarded to Mothers Against Drunk Drivers (MADD) was approved. ADJOURNMENT There being nothing further before the Board, the meeting was adjourned at 2:40 p.m. to reconvene on T sday, April 28, 1981 at 9:00 a,m, ATTEST: CLARK A, NELSON, COUNTY CLE RECORDER a d ex-officio Clerk of a d of Supervisors Chairman, Board of S pervisors By - Page 269. April 21, 1981