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HomeMy WebLinkAboutM042280April 22, 1980 ESTATE OF CALIFORNIA ) S5. COUNTY OF BUTTE ) g0_ The Board of Supervisors met at 9:0.0 a,m, pursuant to adjournment. 3 Present: Supervisors Dolan, Wheeler and 'Vice Chairman Moseley, Clif Nickelson, administrative officer; Dan Blackstock, county counsel; and Clark A, Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board. ABSENT: Supervisor Winston and Chairman Lemke, Pledge of Allegiance to the Flag of the United States of America Invocation ~iy Vice Chairman Moseley 612 APPROVAL OF MINUTES On motion of Supervisor Wheelers seconded fiy Supervisor Dolan and carried, the minutes of April 15, 1980 were approved as mailed, " CHAIRMAN LEMKE PRESENT AT THIS TIME 613 INSTRUCT AUDITOR TO INVOICE BUTTE COLLEGE AND CHTP -- CETA SUBAOREEMENTS Jim Rackerby, personnel director, set out the reason for the request to have the Auditor invoice Butte College and CHIP, He was not asking the Board to declare these costs as illegal costs. The responsibility will be on Butte College and CHTP at this point to prove that these were legal cfiarges to be made against CETA, This was the reason fie was asking tfie Board to invoice the two organizatians, This is the first step to be taken, Mr. Rackerby set out the reasons for the questions on the costs involved for these two organizations. Elizabeth West, assistant director of CHTP, spoke regarding the subagreement with CHTP. Sfie would like to have the opportunity to respond to the report in writing, Mr, Rackerby stated that CHTP is not Taeing told that this action is final, This action will give them an opportunity to research their file to provide CETA with mare information, He did not feel that an appeal at tFiis point would be the proper procedure. This would come after the costs were identiffied as disclaimed costs. This matter was discussed with CETAC. On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, the Auditor was instructed to invoice Butte College in the amount of $175,431,75 and CHTP in the amount of $5,230 of questioned costs for CETA. 614AUTHORIZE EXTENS:TON OF CAA WEATHERIZATTON PROJECT ~ G~TA On motion of Supervisor Moseley, seconded Tiy upervisor Wheeler and carried, the CETA project operated Tiy the Community Action Agency providing weatherization of low income residents dwellings was extended through September 30, 1980, 615 APPROVE CETA SUMMER XOUTH EMPLOYMENT GRANT FOR F1~~80 On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the CETA Summer Youth Employment (SYP) grant for FY 80 was approved and the Director was authorized to sign. 616 (APPROVE CETA TITLE TIB TRAINING CONTRACT WITH CSUC On motion of Supervisor Moseley, seconded fiy Supervisor Wheeler and carried, the CETA Title IIB training contract with CSUC for the culinary arts training program for this summer was approved and the Director authorized to sign, Page 357.. April 22, 1980 April 22, 1980 80-. 617 APPROVE AUTOMATIC AID AGREEMENT - CITY OF BIGGS - FIRE PROTECTION ~ On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, the automatic aid agreement and operational letter of understanding with the City of Biggs for fire protection services was approved and the Chairman authorized to sign agreement. 618 APPROVE APPLICATION FOR DESIGNATION OF POINT OF STATE HISTORICAL INTEREST - TOWN SITE OF CHEROKEE AND AD.TOTNTNG SPRING VALEEY MINE On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, application to the state for designation of point of state historical interest for the town site of Cherokee and adjoining Spring Valley Mine was approved and the Chairman authorized to sign, 619 (APPROVE BUDGET TRANSFERS On motion of Supervisor Dolan, seconded by Supervisor Wheeler and carried, the following budget transfers were approved: B-133 -Building Inspection. Transfers $6,000 from extra help to transportation and travel to provide for an additional appropriation to cover the increased costs of fuel for departmental vehicles. B-134 - Public Works - road construction, Transfers $16,944 from the road reserve to the Clark Road (Elliott to Bille) project in order to increase the appropriation to cover the cost of Change Order 1 in the amount of $13,603,46, plus an additional $3,340,54 for additional force account labor. B-135 - Communit Action Pr~ ogram ~ 1979 r~ ant year, Transfers $560 from the lease - purchase of equipment and together with an additional $32,612 in federal aid from the U.S. Department of Labor, increases the appropriation in the YCCTP beautification project pursuant to budget modification ~~1 approved by the Personnel Director on February 21, 1980 as follows: salaries and wages, $25,759; fringe benefits, $5,613; consumable supplies, $1,800. B-136 ~ Community Action Pr~ ogram - CAA - 1980 errant year, Establishes a budget for the CAA Crisis Intervention Program for the period December 31, 1974 through September 30, 1980 as approved by the State Office of Economic Opportunity on March 14, 1980, The budgetary amount for the program is $29,998 with funding coming from unanticipated revenue -federal aid State Office of Economic Opportunity). B-'-137 ~ Mental `Health General Services. Transfers $20,200 from regular salaries and wages to extra help in order to cover extra help costs incurred pending the recruitment for vacant regular help positions. 8-138 - County Service Area 24 ~ Zone 2 CChico Mud Creek drainage). Transfers $2,353 from maintenance of structures and grounds to fixed assets - equipment in order to provide an increased appropriation to cover the cost of a pickup truck, the cost of which was higher than originally anticipated. B-139 - Public Health .- Environmental Health, Transfers $1,800 from regular salaries and wages, with $1,000 going towards maintenance of equipment and-$800 to office expense, These transfers provide for additional appropriations in covering the high-maintenance costs on county vehicles and for the printing of new forms in handling additional paperwork requirements, Page 358. April 22, 1980 80- b 620 621 622 623 624 625 April 22, 1980 _ _ - - - ~-1G0 - Treasurer-Tax Collector. Transfers $600~from regular salaries and wages to overtime in order to cover overtime expenses necessitated by the large number of roll corrections, B-141 - Sheriff - Patrol Division, Provides an additional appropriation in the amount of $1,500 for clothing and personal supglies with funding coming from revenue sharing - unallocated appropriation in order to cover existing budgetary deficiencies and provide an appropriation for the balance of the fiscal year in the purchase of uniforms. B-142 -- Revenue Sharing - Chico Muni+~Court remodel. Transfers an additional 12,962 from revenue sharing miscellaneous (unallocated) expense to structures and improvements to provide an additional appropria- tion to cover the costs of remodel for the Chico Muni Court as approved by the Board of Supervisors on April 15, 1980, SUPERVISOR WTNSTON PRESENT AT THIS TIME VOTE ON MOTION TO APPROVE AGREEMENT WITH CHIP FOR DISPOSITION OF REAL PROPERTY IN EL MEDIO AREA HELD OVER TO LATER IN THE MEETING Tt was moved by Supervisor Dolan, seconded by Supervisor Wheeler that the sales agreement to dispose of eight lots in the E1 Medio area to the Chico Housing Improvement Program for the purpose of their self- held housing be approved and the Chairman authorized to sign, Vote on motion continued to later in hearing. APPROVE DESIGNATION OF MENTAL HEALTH DEPARTMENT A5 COUNTY AGENCY TO ADMINIS- TER ALCOHOL PROGRAM: DESIGNATE ALCOHOL PROGRAM MANAGER POSITION AS ALCOHOL PROGRAM ADMINISTRATOR On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, the Mental Heelth Department was designated as the county agency to administer the alcohol program and the alcohol program manager position was designated as the alcohol program administrator in accordance with Health and Safety Code Section 11800, ACCEPT IMPROVEMENTS ~ MARJAMA SUBDIVISION On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried,- the improvements in the Mar~ama Subdivision were accepted for maintenance and release of the maintenance bond was authorized, AUTHORIZATION TO REFUND DRAINAGE DEPOSIT TO LUCX M, WILLTAMS FOR PARCEL MAP (AP 47--26=144) IN THE AMOUNT OF $6,085 - TAKEN_OFF AGENAA The request for authorization to refund drainage deposit to Lucy M. Williams for parcel map, AP 47-26-149, located on the west side of Gardner Lane, ],700 feet south of Keefer Road, north Chico in the amount of $6,085 was taken off the agenda at -this time, ADOPT RESOLUTION 80-78 SETTING PUBLIC HEARING DATE FOR MATHEWS REALTORS ABANDONMENT OF PUBLIC UTILITIES EASEMENT, LOT 103, UNIT 8 OF PARADISE PINES On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, Resolution 80-7& setting a public hearing date of May 27, 1980 at 10:00 a,m, for consideration of Mathews Realtors abandonment of public utilities easement, Lot 103, Unit 8 of Paradise Pines was adopted and the Chairman authorized to sign, ADOPT ORDINANCE 2097: WAIVE SECOND READING OF ORDINANCE AMENDING CHAPTER 14 OF THE BUTTE COUNTY CODE RELATING TO OPERATTON!'I3F MOTOR VEHICLES IN THE LTNDO CHANNEL On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, the waiving of the second reading of the Page 359. April Z2, 1980 April 22, 1980 80- ordinance amending Chapter 14 0£ the Butte County Code relating to operation d of motor vehicles in the Lindo Channel was waived; Ordinance 209.7 was adopted and the Chairman authorized to sign. 626 APPOINTMENTS TO THE BUTTE COUNTY HOUSING AUTHORITY On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, the following were appointed to the Butte County Housing Authority: Jola Rhodes Jeanne White Gerald Banyard 627 APPOINTMENTS TO THE OVERALL ECONOMIC DEVELOPMENT PROGRAM COMMITTEE On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the following were appointed to the Overall Economic Development Program Committee: Alonzo Plumb Hal Nelson 628 APPOINTMENT TO THE BUTTE COUNTY HEALTH PLANNING COUNCIL On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, Madge Haynes was appointed to the Butte County Health Planning Council. 629 APPOINTMENT TO THE NORTHERN CALIFORNIA HEALTH. SYSTEMS AGENCY On motion of Supervisor Dolan, seconded by Supervisor Moseley and unanimously carried, Paul Karlstrom was appointed to the Northern California Health Systems Agency. 630 APPOINTMENTS TO_ THE GRTDLEY-BIGGS CEMETERY DISTRICT On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, the following wexe appointed to the Gridley-Biggs Cemetery District: Lowell P. King James A. Farrar Ross Pippitt 631 APPOINTMENTS TO COMMITTEE ON LAW ENFORCEMENT SERVICES ~ CONTINUED TO APRIL 29 1980 The appointements to the committee on law enforcement services were continued to April 29, 198fl. RECESS: 9:25 a.m. RECONVENE: 9:36 a,m. 632 BISCUSSION OF ENVIRONMENTAL HEALTH DEPARTMENT REQUIREMENTS: APPOINTMENT OF COMMITTEE TO STUDY ENVIRONMENTAL HEALTH DEPARTMENT RE UIREMENTS Discussion of Environmental Health Department requirements held at this time. Dan Hays set out the background of the study he had done on the Environmental Health Department requirements at this time, The study was done because of the criteria for vertical Leach pits, Alternate disposal situations are used for poor percolation. These would be used for marginal land, Mr, Hays set out what would be required for these alternatives. Mr, Hays set out the criteria used by the county for the percolation tests as described in the study presented to the Board. The rates fall from 20,300 to 25,376 gallons per day for a three bedroom home. Page 360.., April 22,-1980 April 22, 1980 80. Mr. Hays stated that this analysis would be a flow rate of $ 3,044 gallons per day per bedroom. This amount of sewage disposal would, be sufficient for sewage disposal for 31 four bedroom homes. He felt the present requirements were extremely high, The criteria for the public health requirements are less than the criteria required by Butte County. These stringint requirements do not create an incentive to go with marginal land instead of agricultural land. The requirements of the county would be an excess of $4;550 in wasted cast-.,-per single family unit, There are six pits required and there is a need for only one pit. The average cost per pit would be $870 per pit as of April 8, 1980. This would result in a savings to the property owner at the current interest rate of $18,763 over the 25 years living in a home. Mr. Hays set out the amount of water used by a family in a three bedroom house. This average is 220 gallons=: per day from TID; 225 gallong: per day from Paradise Magalia report; and211 gallons per day from Chico. The requirements of the county would be for the use of 480 gall©ns per day. He felt that the homeowners over a period of seven years had paid in excess of $6,458,000 for the added requirements. On motion of Supervisor Wheeler, seconded by Supervisor Moseley and unanimously carried, a committee of the fallowing were appointed to study the Environmental Health requirements and come back with proposals to the Board: Jon Anderson Russ Croninger Elliott Johnson Ellis Rolles Bill Geddis Supervisor Wheeler Lynn Vanhart Dan Hays Jerry Benkee b33 RECESS: 10:06 a.m. RECONVENE: 10:20 a.m, ADOPT RESOLUTION 80-79: PiFBLIC HEARING: INTENTION TO RENAME COUNTY ROADS PARADISE AAARESS-AREA The public hearing on the intention to rename county raeds in the Paradise address area was held as advertised. Hearing open to the Public, Appearing: 1, Ed Tritt, Mr, Tritt spoke regarding Jarvis Circle in (Paradise Pines. He felt that this should remain named Jarvis Circle, He submitted a petition in favor of retaining the name. 2. Ted Bear. Mr. Bear spoke in favor of ~hangii~g~. Evergreen ~" Street in Firhaven. He would like to see the section that goes off Skyway and deadends where Firhaven Creek is changed vo Firhaven Drive, ,:He:rfelt that the other section of Evergreen Street that runs east from Holmwood to the deadend should be changed to Shadrack, 3, Velma Butler, Ms. Butler asked if Nimshew Road was going to be changed. She was advised that Nimshew Road would not be changed. Page 361.. April 22, 1980 April 22, 1980 gp_ 4. Mrs, Cody. Mrs, Cody asked that Cody Lane remain as it ~ is without changing it, 5. Ward Came ron, Mr. Cameron asked that Humbug Road remain as it is. He did not f eel that the road name should be changed as it mee ts the criteria in t he resolution for retaining the name, 6. Mrs. McKe en, Mrs, McKeen felt that Doe Mill Road should be retained as it is on the U,S. Geographical maps. She felt Ponderosa Way should be changed t o Garland, Hearing close d to the public and confined to the Board. On motion o~ Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried , Resolution 80-79 changing the below listed road names was adopted and the Chairman authorized to sign: OLD NAME NEW NAME 1. Adams Court Andover Dr. to End Ridgeside Court :'2. Bull HiII Road Skyway to Humboldt Road Skyway 3. Castle Court End of Humbug Road Castle Rock Court 4. Cheyney Court End of Cascade Drive Kiagsdale Court 5. Deerwood Drive End of Wood Drive & Holmwood Drive to End Tall Pines Drive 6. Dogwood Court DeI Oro Drive to End Memory Lane 7. Evergreen Street Skyway to End Firhaven Drive Holmwood Drive to End Shadrach Drive 8. Greenwood Drive Halmwood Drive to End & End to Wood Drive Boulder Drive 9. Holly Road Skyway to End Hollywood Road 10. Kenson Drive Perry Road to Vine Street Britz Drive 11. Kirk Road Larkin Road to End Fagan Street 12. Queens Court Adrian Way to End Concord Court 13. Regis Court Drexel Drive to End Providence Court 14. South Park Drive Aurora Court to Ponderosa Way West Park Drive l5. Windermere Lane Camelot Lane to Windermere West Windermere Lane 16. Windermere West Camelot Lane to Windermere Lane Windermere Lane 17. Windermere South Camelot Lane to Camelot Lane Coniston Loop 18. Windermere East Camelot Lane to Windermere West Ambleside Drive Page 362.' - April 22, 1980 April 22, 1980 80- 634 VOTE ON MOTION TO APPROVE AGREEMENT WITH CHIP FOR DISPOSITION OF REAL b PROPERTY IN EL MEDIO AREA FROM MINUTE ORDER 80-620 Vote on motion to approve agreement with CHIP for disposition of real property in E1 Medio-area: AYES: Supervisors Dolan, M~tiseley, Wheeler and Winston NOES: Chairman Lemke Motion carried. 635 ADOPT RESOLUTION 80-80: PUBLIC HEARING: MICARTER, INC. - ABANDONMENT OF PUBLIC UTILITIES EASEMENT AND RECREATIONAL EASEMENT, UNIT 4, LOT 216, PARADISE PINES COUNTRY CLUB The public hearing on Micarter, Inc. abandonment of public utilities easement and recreational easement, Unit 4, Lot 216, Paradise Pines Country Club was held as continued and advertised. Bettye Blair., planning director, set out the background of the abandonment. It is in order. 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 Supervisor Dolan and unanimously carried, the abandonment of public utilities easement and recreational easement, Unit 4, Lot 216, Paradise Pines Country Club for Micarter, Inc. was approved; Resolution 80-80 was adopted and the Chairman authorized to sign. 636 PUBLIC HEARING: HAROLD AND ANNA MARIE COOPER - APPEAL OF PLANNING COMMISSION'S pENIAL OF PROPOSED NEGATIVE DECLARATTON AND REZONE FROM "SR-1" (SUBURBAN RESIDENTIAL - ONE ACRE PARCELS) TO "R-4" (MAXTMUM DENSITY RESIDENTIAL - RESTRICTED SERVICE) PROPERTY LOCATED ON THE NORTH SIDE OF STATE HIGHWAY 32, APPRVX 700 FEET WEST OF MUIR AVENUE, AP 42-30-03, CHICO The public hearing on Harold and Anna Marie Cooper appeal of planning Commission's denial of proposed negative declaration and rezone from "SR-1" (suburban residential - one acre parcels) to "R-4" (maximum density residential - restricted service) property located on the north side of State Highway 32, approximately 700 feet west of Muir Avenue, AP 42-30-03, Chico was held as advertised. Bettye Blair,. planning director, set out the background of the appeal. Chairman Lemke submitted letters from Howard and Vivian Cox~~4 and Sarah Brown in opposition to the rezone. The Board has received a letter from Robert P. Rankin as a communications item in opposition to the rezone. Supervisor Wheeler submitted several letters in opposition to the rezone at this time, Hearing open to the public.- Appearing: 1. Harold Cooper. Mr. Cooper set out the zoning around the property. Freight Lane was developed two or three years ago. The property next to it was zoned "M-1" zoning. There is "M-1" zoning behind the property. He did not plan to add additional development to the area. The property has been developed. He was asking for compatible zoning with the General Plan. page 363. April 22, 1980 80- April 22, 1980 _ _ - 2. Tom McCready, Chico 2000. Mr. McCready was concerned with the rezone. He did not think it was timely to start rezoning this axea. ~Suir Avenue seems to be developing as a natural boundary. He felt this aas ~~~: in conflict with the agricultural uses and commercial uses 3:n the area. He asked that the zoning be denied. Chairman Lemke stated that the Board had received letters from the following people in opposition to the rezone: Robert P. Rankin Irving Schiffman Barbara Copeland Tom McCready Lucile Griffeth Ellen Simon Hearing closed to the public and confined to the Board b37 On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, the appeal of Harold and Anna Marie Cooper to the Planning Commission's denial of proposed negative declaration and rezone from "SR-1" (suburban residential - one acre parcels) to "R-4" (maximum density residential - restricted service) property located on the north side of State Highway 32, approximately 700 feet west of Muir Avenue, AP 42--30-03, Chico was denied. ADOPT ORDINANCE 2098: PUBLIC HEARING: SOUTHERN PACIFIC LAND COMPANY - REZONE FROM "A-2" (GENERAL) TO "TP~-160" (TIMBER PRESERVE - 160 ACRE PARCELS), PROPERTY LOCATED ON THE NORTH SIDE OF BIG BEND ROAD, APPROX. ONE MILE EAST OF BUNKER HILL MINE READ, NORTH OF OROVILLE The public hearing on Southern Pacific Land Company rezone from "A-2" (general) to "TP-160" (timber preserve - 160 acre parcels), property located on the north side of Big Bend Road, approximately one mile east of Bunker Hill Mine Road, north of Oroville, item not subject to environmental review, was held as advertised. Bettye Blair, planning director, set out the background of the rezone. ~ Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. 638 On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, finding the matter does not require environmental review and is in conformity with the Butte County General Plan, the rezone from "A 2" (general) to "TP-160" (timber preserve - 160 acre parcels), property located on the north side of Big Bend Road, approximately one mile east of Bunker Hill Mine Road, north of Oroville for Southern Pacific Land Company was approved; Ordinance 2098 was adapted and .the Chairman authorized to sign. APPEARANCE: WARD CAMERON Ward Cameron spoke regarding a problem with a use permit for the Ridge Ministorage issued on I'ebruary 2, 1979 for AP 54-05-69, use permit 77-40. There are requirements that must be met. The development plan was submitted showing a fence on the property. The Planning Department has advised that he would have to obtain a new use permit for the area not covered by the fence. It is their contention that the fence was the line for the use permit. He felt the use permit was for the entire parcel. Page 364. April 22, 1980 _April 22, 1980 g0- J _ Mr. Cameron was advised that he should discuss the matter with ~ the Town Council of Paradise as the Board dees not have jurisdiction over this matter. 639 APPEARANCE: ARLENE SITZ Ms. Sitz read a letter regarding the need for police protection in Butte Creek Canyon. 640 APPEARANCE: RENDA KINSLOW Ms. Kinslow spoke regarding the need for police protection in Butte Creek Canyon and the Honey Run Bridge area. She set out the problems she had with getting deputies to come out on a call to this area. 641 APPEARANCE: ANDY GERBER Mr. Gerber spoke regarding police protection. He had hoped that the Board would provide funding for additional law enforcement officers. He felt the personnel was badly needed. He proposed that the county levy a one percent increase on sales tax to cover safety services, police and fire. He felt the sales tax should be added to the price of gasoline. He felt the taxes should be appropriated with 2/3 to the police services and 1/~ to the fire services. 642 APPEARANCE: WILLIAM HOUSTON Mr. Houston spoke regarding the devaluation of the dollar and inflation. He asked that the Board reduce the price of gasoline to not more than $.50 per gallon. He felt that the planning laws were restrictive to the people in what they could do with their property. He did not feel that there was a need for such laws. 643 APPEARANCE: DAN HAYS Mr. Hays spoke regarding the problems he is having with the Environmental Health requirements on the development of his property. He set out the tests that he had done on this property with vertical leach fields. The Environmental Health Department said that these were fine but that due to the rate of fall being excessive there was concern for ground water. He wasaold that he should refill the holes and redo the tests. Mr. Hays stated that he agreed to have the tests redone in the manner required by Environmental Health Department. He was told after this that they would not pass. Supervisor Wheeler to meet with Mr. Hays and Environmental Director tb discuss this matter and reach a solution. 644 ADOPT ®RDINANCE 2099: PUBLTC HEARING: WILLIAM T. BURCH - PROPOSED NEGATIVE. DECLARATION AND REZONE FROM "AR-5" (AGRICULTURAL RESIDENTIAL - FIVE ACRE PARCELS) TO "PA=C"" (PLANNED AREA-CLUSTER), PROPERTY LOCATED ON THE SOUTHEAST CORNER OF STATE HIGHWAY 32 AND FOREST RANCH ROAD, IDENTIFIED The public hearing on William T. Burch proposed negative declaration and rezone from "AA-5" (agricultural residential - five acre parcel) to "PA-E" (planned area-cluster), property located on the southeast corner of State Highway 32 and Forest Ranch Road, identified as AP 63-18-02 (portion), Forest Ranch was held as advertised. Bettye Blair, planning director, set out the background of the rezone at this time. Earl Nelson, environmental review director, set out the background of the negative declaration at this-time. He recommended a conditional (negative declaration. Page 365. April 22, 1980 80- b _-___--=====April-22,-1980 _ _______ __________ Hearing open to the public. Appearing: 1. William Burch. Mr. Burch spoke in favor of the rezone. This is an attempt to have the property in conformity with the General Plan. CHAIRMAN I,EMKE ABSENT AT THIS TIME Hearing closed to the public and confined to the Board. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, finding although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation:aneasure described below has been added to the project and a negative declaration was recommended: 1. Secure streambed Alteration Permit from State Department of Fish and Game for any alteration of the stream course or crossing to provide access to the TM-5 area. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the rezone from "AR-5" (agricultural residential - five acre parcels) to "PA-C" (planned area-cluster), property located. on the southeast corner of State Highway 32 and Forest Ranch Road, identified as AP 63-18-02 {portion), Forest Ranch was approved; noting the project is in conformance with the General Plan subject to the below listed conditions; Ordinance 2099 was adopted and the Chairman authorized to sign: 1. S~eeure streambed Alteration Permit from State Department of Fish and Game for any alteration of the stream course or crossing to provide access to the TM-5 area. 2. Submit road and drainage plans to the Department of Public Works for approval and install the required facilities. 3, Provide 20 ft. radius property line returns at all street intersections. 4. Indicate a 50 ft. building setback line from the centerline of Forest Ranch Road and a 25 ft. building setback line from the right-of-way line for State Highway 32. 5. Street signs shall be provided by the developer at all street inter- sections per County requirements. (Submit 5 alternate street names for each street to the County address coordinator for approval of street names). 6. Provide monumentation as requ=red by the Department of Public Works in accordance with accepted standards. 7. Street grades-and other features shall comply with the Butte County Ordinances, design resolution and other accepted engineering standards. 8. Provide permanent solution for drainage. !, 9. All easements of record to be shown on the final map. 10. Meet requirements of Butte County Fire Dept or other responsible agency. Page .366. April 22, 1980 80- ---____-=====A_pr_il_22, 1_980__________________ Ll. -Street lighting shall be provided in accordance with Butte County requirements accepted design criteria and recommendations of PG&E. 12. Obtain state encroachment permit for all work within state right-of-way. 13. Provide 1 ft. no access strip along State Hwy. 32 frontage. l4. Pay off assessments. 15. Meet the requirements of the utility companies (PG&E, PT&T). 16. File a tentative and final subdivision map and pay appropriate fees. 17. Construct standard public road approach at the intersection of access road and Forest Ranch Road. 18. Follow the approve development plan for the six proposed new spaces. 19. Water service shall be supplied from the existing mobile home park domestic water supply. The water system must comply, with the California State Safe Drinking Water Act. 20. Providea sewage disposal system in compliance with Butte County Health Department requirements and the Regional Water Qixality Control Board requirements. 21. Provide a homeowners agreement (the agreement to be reviewed by the Health Department and the Regional Water Quality Control Board) that provides for the maintenance and repair of the water sy"stem and the sewage disposal facilities or license and operate as a mobid.~ home park under the State Aepartment of Housing and Community Development. 22. Applicant must also comply with. all other applicable state and local statutes, ordinances and regulations. AXES: Supervisors Dolan, Wheeler, Winston and Vice Chairman Moseley ABSENT: Chairman Lemke 645 ADOPT ORDINANCE 2100: PUBLIC HEARING: STEPHEN C. BURTON - PROPOSED NEGATIVE DECLARATION AND REZONE FROM "A-2" (GENERAL) TO "SR-1" (SUBURBAN RESIDENTIAL ONE ACRE PARCELS), PROPERTY LOCATED ON THE NORTH SIDE OF KEEPER ROAD, APPROX. 600 FEET EAST OF STATE HIGHWAY 99, IDENTIFIED AS AP 47-46-1 & 6, NORTH OF CHICO The public hearing on Stephen C. Burton proposed negative declaration and rezone from "A-2" {general) to "SR-1" (suburban residential one acre parcels), property located on the north side of Keefer Road, approximately 600 feet east of State Highway 99, identified as AP 47-46-1. and 6, north of Chico was held as advertised.. Bettye Blair, planning director, set out the background of the rezone. The park marked on the exhibit is not part of the rezoning. The recommendation from the Planning Commission was for a portion to be "SR-1" and a portion to be "R-C" zoning. Earl Nelson, environmental review director, set out the background of the negative declaration. He recommended a negative declaration. ', Hearing open to the public. Appearing: Mike McEnespy. Mr. McEnespy stated that they were following through with the condition of the Advisory Agency to follow through on a rezone. The developer has no objection to having the resource-conservation zone for storm drainage. Page 367. April 22, 1980 ---- -----A~ril22,-1980__________________ 80, Hearing closed to the public and confined to the Board. b CHAIRMAN LEMKE PRESENT AT THIS TIME On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, finding the proposed project could not have a significant effect on the environment, a negative declaration was recommended. AYES: Supervisors Dolan, Moseley, Wheeler and Winston. ABSTAINING: Chairman Lemke. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and carried, the rezone from "A-2" (general) to "SR-1" (suburban residential one acre parcels) and "R-C" (resource conservation), property located on the north side of Keefex Road, approximately 600 feet east of State Highway 99, identified as AP 47-46-1 and 6, north of Chico setting aside the area marked park was approved finding it is consistent with the General Plan; Ordinance 2100 was adopted and the Chairman authorized to sign. AYES: Supervisors Dolan, Moseley, Wheeler and Winston. ABSTAINING: Chairman Lemke 646 PUBLIC HEARING: FLOYD REYNOLDS - APPEAL OF CONDITION 6 ON TENTATIVE PARCEL MAP RELATING TO PERPlANENT SOLUTION TO DRAINAGE, AP 42-14-96, TWO LOTS, WEST SIDE OF OAK WAY, EAST OF GLENWOOD AVENUE, CHICO The public hearing on Floyd Reynolds appeal of condition 6 on tentative parcel map relating to permanent solution to drainage, AP 42-14-96, two lots, west side of Oak Way, east of Glenwood 9~venue, Chico was held as advertised. John Mendonsa, Public Works Department, set out the background of the appeal. This is in an area outside the Sacramento Avenue Assessment District. Hearing open to the public. Appearing: Cal Bachman. Mr. Rachman stated that they did not wish to appeal condition 413 as it is acceptable and they are going to use a covenant for that condition. The requirement for permanent solution to drainage would require placing the drainage ;;:pipes"=- from one to one and one-half miles from the site. Hearing closed to the public and confined to the Board. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, on the basis of .the ;iixitial evaluation, finding the proposed project could not have a significant effect on the environ- ment a negative declaration was filed. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, the appeal by Floyd Reynolds of condition 6 on tentative parcel map relating to a permanent solution to drainage, AY 42-14-96, two lots, west side of Oak Way, east of Glenwood Avenue, Chico was upheld and the condition deleted. 647 PUBLIC HEARING CLARENCE WOOD - APPEAL OF CONDTTION 16 ON TENTATIVE PARCEL MAP RELATZNG TO THE FIRE AEPARTMENT'S REQUIREMENT FOR FIRE HYDRANTS, FOUR LOTS, AP 44-02-24, PROPERTY LOCATED ON THE SOUTHEAST CORNER OF GARNER LANE AND THE ESPLANDE CHICO The public hearing on Clarence Wood appeal o£ condition 16 on tentative parcel map relating to the fire department's requirement for fire hydrants, four lots, AP 44-02-24, property located on the southeast corner of Garner Lane and The Esplanade, Chico was held as advertised. John Mendonsa, Public Works Director, set out the background of the appeal. He did not think-;;:that California Water went that fax. Page 368. April 22, 1980 80- •-______=---=Apri1_22, 1980 =________-_______ Hearing open-to the public. Appearing: Cal Bachman. Mr. Bachman stated there was no way to comply with the condition as there is no water to the property. The requirement is for a 2,000 gallon flow per minute. If a 20,000 gallon tank were placed on the property, the water would be gone in 10 minutes. Hearing closed to the public and confined to the Board. 648 649 On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, the appeal by Clarence Wood of condition 16 on tentative parcel map relating to the fire department's requirement for fire hydrants, four lots, AP 44-02-24, property located on the southeast corner of Garner Lane and The Esplanade, Chico was upheld and the c®n3iton deleted. ACCEPT MEMO FROM ROBERT BRUNSELL AS POLICY DIRECTION FOR ASSESSMENT DISTRICT CONSTRUCTION AND COUNTY SERVICE AREA MAINTENANCE OF PRIVATE ROADS - DAN HAXS, SR. PARCEL MAP, PROPERTY LOCATED OFF OF HIGHWAX 32 TO DOE MILL RIDGE, ADJACENT TO SANTOS DRIVE,_ SOREST RANCH AREA Russ Croninger, Ringel and Associates, stated that the Board received follow-up information from Bob Brunsell regarding the establish- ment of an assessment district for construction and a county service area. for maintenance of private roads. Mr. Brunsell has told him that the bond market has improved in the last three weeks. Discussion of possible liability held at this time. Aan Blackstock, county counsel, stated that the discussion has been held regarding private roads. These would be public roads and the only difference would be that they would not be placed in the county maintained system. A county service area would do the maintenance on the road. It would be a county road. The problems is that the Board would be creating more work for the departments involved. The 1911 Act charges for overhead have not been changed in the last seven or eight years. On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, the memo dated April 11, 1980 from Robert Brunsell for assessment district construction and county service area maintenance of private roads was adopted as policy direction. RECESS: 12:44 p.m. RECONVENE: 2:13 p.m. COMMUNICATIONS Harald Thompson, et al, Oroville. Mr. Thompson writes appealing the Planning Commission's negative declaration regarding environmental impact and conditions 1 through 5 on a use permit to allow a mobile home sales lot in an "A-2" zone, AP 30-195-16, northeast corner of 12th Street and Oro Dam Boulevard West, Oroville. Set fox hearing May 13, 1980 at 11:45 a.m. James Martin, Magalia. Mr. Martin writes in opposition to the proposed name change for Jarvis Circle in the Paradise address area. Handled earlier in the meeting. Robert P. Rankin, Chico. Mr. Rankin writes in apposition to the proposed Harold Cooper request for rezoning that is set for public hearing. Handled earlier in the meeting.. Oroville Area Chamber of Commerce. The Chamber writes in support of the Solano Rail Car Company and the need for local industries in the Oroville area. Information; no action taken. Page 369. April 22, 1980 80- ~. April 22, 1980 Price, Burness, Price & Davis, attorneys at law. The attorneys, on behalf of William and Charlotte Retzer write concerning the placement of AP 44-03-79, west side of the north Esplanade, in a "green belt" zone. Referred to Planning Director. Judge W. M. Savage. Judge Savage sends notification of his retirement as judge of the Oroville Justice Court, effective June 1, 1980. See motion following communications. Southern Adjustment Bureau, Inc., San Diego. The firm files a claim for excess tax sale proceeds for AP 041-36--0-037-0 in accordance with Revenue and Taxation Code Section 4675. Referred to Auditor. Mid Valley Title and Escrow Company. The company writes concerning a recorded warranty deed for 5tafac, Inc. to Shell Oil Company covering a parcel of land located at East Avenue and Cahasset• in Chico and requests a refund of documentary transfer tax in the amount of $201.30. Referred to Auditor, Counsel and Recorder. North Valley Veterinary Medical Association. The association writes forward- ing information concerning the payment of emergency animal care. Referred to Administration, Auditor and Counsel with Counsel to report back. Toward Utility Rate Normalization, San Francisco. The organization writes requesting the Board to offer financial support in order to assist in the controlling of utility rate increases. Tnformation; no action taken. County of Santa Cruz. The county forwards information requesting the Board to adopt a resolution supporting the convening of a bipartisan committee to study the potential impact of Proposition 9. Information; the Board has already done this. Department of;iHealsth,Education and Welfare - Sociel Security Administration, Oroville. The department forwards information concerning a symposium to be conducted in Oroville on May 3, 1980. Information; no action taken. U. S. Department of Labor. The department forwards information concerning reorganization of their regional office, indicating the new federal representative for Butte County. Information; no action taken. Congressman Harold T. (Bizz) Johnson. Congressman Johnson forwards information in follow-up to the Board's letter with regard to the need for improvements at the ski area in Lassen Park. Information; no action taken. Charles E. Hoffman and Craig Norman, Paradise. The gentlemen appeal the denial of proposed negative declaration and tentative parcel map., AP 41-03-108, two parcels, east side of Pentz- Magalia Highway and north and south of old Pentz Magalia Highway where they intersect to the north in the Pentz area. Set for ~aearing May 6, 1980 at 11:30 a.m. Ruth Sheldon Real Estate, Oroville. The realtor, on behalf of Mrs. Wilma Rollins and Mr. & Mrs. Claude Clark, appeal ebndition 13 -. to-:provide.a minimum of 30 feet of traversable access to a county maintained road in compliance with the standards in effect at the time of'~ereation of the parcel, on certificate Page 370, April 22, 1980 April 22, 1980 80- of compliance, AP 73-18-40, located near the comer of ~ Forbestown Road and New York Flat Road, Forbestown area. Set for hearing May 20, 1980 at 10:15 a.m, 650 ADOPT RESOLUTION 80-81 IN APPREO'ATION OF YEARS OF SERVICE BY JUDGE W. M. SAVAGE OROVILLE JUSTICE COURT On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, Resolution 80-81 in appreciation of the years of service by Judge W. M. Savage, Oroville Justice Court was adopted and the Chairman authorized. to sign. 651 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Wheeler stated the Board had received a memo from the Civil Disaster Director regarding grasshoppers. She is spending time with Ghe City of Chico, Department of Agriculture and the Agricultural Commissioner concerning the probability of grasshoppers this year. Administrative Officer to check to see if other enunties are having impacts on their financies due to tax delinquency as Butte County is. ' 652 APPROVE APPR~SAL CONTRACT WITH GARY AZEVEDO - HCD On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, the appraisal contract with, Gary Azevedo for appraisal services for 2480 and 2455 Greenville in the amount of $.80 for HCD was approved and the Chairman authorized to sign. 653 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Chairman Lemke stated the Board had received information from NACo on supporting the re-enactment of revenue sharing. Chairman Lemke stated that the Board had received a memo from Public Works Director regarding the trading of equipment. The memo was referred to Purchasing Department. 654 Aiscussion of the memo from Administrative Office regarding the loan of equipment to the Town of Paradise and the Gold Nugget Musuem held at this time. County Counsel to draw up an agreement similar to the agreement with the Butte County Historical Society for the equipment in the Gold Nugget Musuem. Dan Blackstock, county counsel, stated there might be a problem with the giving of the equipment to the Town of Paradise. This matter would be treated differently than the Gold Nugget Musuem. AUTHORIZE EXTENSION OF COURT WORK REFERRAL PROGRAM TO JUNE 30, 1980 Judge Rutherford, Chico Municipal Court, spoke to the Board regarding the extension of the Court Work Referral Program. She is asking for the balance of the CCCJ funds and the balance of the $1,800 of county funds already appropriated to run the program until June 1980. At-the present time, the Court Referral System ceased March 31, 1980. She asked that the Board grant the extension of retroactive funds from CCCJ to get the balance of funds to operate to June 30. She asked for authorization to continue operation of the program to and through June 30. She asked that there be a transfer of the balance from salaries and benefits to extra help to pay the coordinator`s salary. There is $1,800 in county match money available. Page 371. April 22, 1980 80- - _ _ _ _ _ _ _ _ _ _ _ = April 22 L X980 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Jim Johansen, auditor, stated that there was $609 when the budget was finally adopted and the appropriation contains something moxe than $1,800 which is basically county money and increased applied to salaries and wages cost of living. There is approximately $1,800 left and another $600 of CCCJ funds. These would have to be obtained by extending the program from March 31, 1980 to June 30, 1980. Judge Rutherford set out what the Court Work Referral Program does. She will guarantee the salary of the person coordinating this pragram in her district. She would not guarantee the salary for the other districts. On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, the extension retroactively to state for CCCJ funds was approved; the already appropriated county funds of approximately $1,800 was authorized::for the 1979-80 year; the program was extended to June 30, 1980; and a transfer from regular salary to extra help was approved. EXECUTIVE SESSION: The Board recessed at 2:43 p.m. to hold an executive session regarding litigation and meet and confer. RECONVENE: The Board reconveded at 3:16 p.m. following an executive. session regarding litigation and meet and confer. No :announcements to be made at this time. ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 3:17 p.m. to reconvene on Tuesday, April 29, 1980 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK- RECORDER and ex-officio Clerk of the B rd of Supervisors ` airman, Boar of Supervisors By ~/ Page 372. April 22, 1980