HomeMy WebLinkAboutM091179September 11, 1979
79-
S
1453
1454
1455
1456
STATE OF CALIFORNIA )
SS.
BOUNTY OF BUTTE, )
The Board of Supervisors met at 9:00 a.m, pursuant to recess<
Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
Clif Mickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A, Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board,
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
APPROVAL OF MINUTES
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the minutes of August 28, August 30 and September 5,
1979 were approved as mailed.
RATIFY MEMORANDUM OF UNDERSTANDING - BUTTE COUNTY LAW ENFORCEMENT OFFICERS'
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the Memorandum of Understanding with. the members
of the Butte County Law Enforcement Officer's Association and authorized
by the Butte County Employees' Association for salary adjustments during
this fiscal year was ratified and the Chairman authorized to sign.
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the merit increase for the Agricultural Commissioner
was approved.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, Resolution 79-145 reorganizing CETA was adopted
and the Chairman authorized to sign and vacancies to be posted,
1457 (ADOPT RESOLUTION 79.-176 REORGANIZING THE CETA YOUTH COUNCIL
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, Resolution 79-176 reorganizing the CETA Youth
Council was adopted and the Chairman authorized to sign and vacancies
to be postedo
1458
UK3.ZE DES'1'RUCTiON OF RECORDS - AUDITOR' S OFFICE
On motion of Supervisor Moseley, seconded by Supervisor Winston
unanimously carried, the following records in the Auditor's Office
authorized to be disposed of:
Detail revenue ledgers for 1968-69 through 1973-74
Summary budget statements for 1967-68 through 1973-74
Fund ledgers for 1966-67 through 1971-72
Appropriation ledger for 1966-67 through 1973-74
Transfers and journals for 1966-67 through 1973-74
Payroll records for 1965-66 through 1971-72
1459
RESOLUTION 79-177 SETTING PER PARCEL SERVICE CHARGE FOR COUNTY
E AREA 37 (GRTDLEX AMBULANCE): ADOPT RESOLUTION 79-178 SETTING PER
On motion of Supervisor Winston, seconded by Supervisor Moseley
unanimously carried, the following resolutions were adopted and the
rman authorized to sign:
Page 109.
September 11, 1979
79-
b
1460
1461
1462
1463
1464
September ll, 1979
Resolution 79-177 setting a per parcel service charge of $4.25
per parcel for County Service Area 37 (Gridley ambulance).
Resolution 79-178 setting a per parcel service charge of $9.26
per parcel for County Service Area 13 (Zone 2).
APPROVE REQUESTS FOR RELIEF FROM ACCOUNTABILITY - PARADISE JUSTICE COURT
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, request for relief from accountability in the
amount of $50 from the fines and fees collected on June 25, 1979 and
3une 26, 1979 together with a $5 cash shortage in the change fund was
approved; the transfers of $50 from office supplies account within the
Paradise 3ustice Court was approved; and reimbursement of the change fund
by issuing a warrant against office expense in the amount of $5 was approved.
APPROVE LEASE WITH WILLIAMSON PROPERTIES. INC. FOR FAIR STREET FIRE STATION
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the lease with Williamson Properties, Inc. in the
amount of $600 per month for the continued lease of the Fair Street Fire
Station in Chico for a term of one year was approved and the Administrative
Officer authorized to sign.
APPROVE CONTRACT CHANGE ORDER N0. 24 - ADMINISTRATION BLDG. PHASE T
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, contract change order No, 24 i_n the increasing
amount of $312.15 to provide for an additional sprinkler control box with
funding to come from Administration Building contingencies for the
Administration Building Phase I was approved and the Chairman authorized
to sign.
APPROVE ADDENDUM dk2 TO MATERIALS TESTING AGREEMENT WITH J. H. KLEINFELDER
AND ASSOCIATES - ADMINISTRATION BUILDING
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, addendum ~~2 to the materials testing agreement
with Jo H, Kleinfelder & Associates in the amount of $750,35 in specialty
testing unforeseen in the original contract was approved with funding
coming from Administration Building contingencies and the Chairman authorized.
to sign.
APPROVE BUDGET TRANSFER
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the following budget transfer was approved:
B-7 - Housinn and Community Development. This is a $103,000
transfer of HCD funds for the October 1978-September 1979 grant reflecting
the action by the Board on July 10, 1979:
Increase Decrease
South Oroville proiect
HCD residential rehabilitation $54,000
Chico Chaymantown proiect
3CD residential rehabilitation $23,000
iouth Oroville proiect
Public works 5,000
)emoliton, clearance and acquisition 19,000
2elQCation ~ 24,OOp
few housing construction 20,000
Page 110. September 11, 1979
79-
b
1465
1466
1467
1468
1469
September 11, 1979
Increase Decrease
Chico Chapmantown project
Public works $25,000
Demolition, clearance and acquisition $ 9,000
Relocation ~ 10,000
New housing construction 17,000
APPROVE CHANGE ORDER FOR PROJECT 404(51) - HCD RESIDENTIAL REHABILITATION
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the change order for project 404(51) to cover
a $300 loan and grant of $700 as a result of additional costs in site
clearance for HCD residential rehabilitation was approved and the
Administrative Officer authorized to sign with funding coming from the
Block Grant.
APPROVE CONTRACT AMENDMENT - ENERGY CONSERVATTON WEATHERTZATTON - COMMUNTTY
ACTION AGENCX
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the contract amendment with the State Office of
Economic Opportunity to implement-the transfer of $2,$85 from the energy
conservation weatherization budget to the agency`s Crisis Intervention
Project as approved by the Board on Juhy 24, 1979; minute order 79-2223
was approved and the Chairman authorized to sign.
APPROVE VARIANCE RENEWAL - LT. R. E. CHERRY
On motion of Supervisor Winston , seconded by Supervisor Wheeler
and unanimously carried, the renewal of variance to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 56-05-37,
Butte Meadows Stage, Chico area, zoning: "TM-40" was approved for Lt. R. E,
Cherry
APPROVE PAYMENT OF MEDICAL INDIGENT BILLINGS
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the payment of $2,579.63 for medical indigent
3~illiiags- representing charges of $7,737.11 was approved subject to
$2,549.63 being included and approved in 1979-80 budget.
APPROVE AND DENY CLAIMS FOR REFUND OF TAXES PAID
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the following action was taken:
Approved claims for refund
1. Robert F, Duffery - Account ~~27-001345-00 of taxes paid
2. Darlys M. Cope - Account ~~06-7750 FB
3. Ciyd B, and Ruth B. Frederick - AP 54-21-105 and 106.
4, Dorothy Keith - AP 53-02-1-002
Denied claims for refund ::
1. Robert J. Kay - AP 64-02-39
2. Robert MacKahen - AP 64-12-23
3. Wilbur E. and Norma A, Reimer - AP 45-SO-47
Page lll.
September 11, 1979
September 11, 1979
79" 1470 APPROVE PUBLIC WORKS ITEMS
~ On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the following Public Works items were approved:
1. Approved the following right-of-way acquisition, agreement
for sale; authorized the Chairman to sign and authorized the Auditor to
issue a warrant upon demand of the county`s escrow agent:
Pentz~Magalia Hwy
~~45471 Ann Benoit 0.058 Ac. $1,300 Impr. $400 Total $1,700
2, Accepted the work of Jerome Bolander for the E1 Monte Avenue
Bridge, Project ~k55255B-75-1; authorized the Chairman to sign the notice
of completion. and directed the Clerk to record said notice with the
Recorder.
3. Approve the release of maintenance bond and accepted the
roads in Kelly Ridge Subdivision Unit 4B and 5 for maintenance,
4, Authorized the return of drainage deposit 'in the amount of
$1,730 for the LeQuire parcel map, AP 53-17-15, since a drainage flow
easement has been accepted and recorded.
.1471 AUTHORIZE DEPARTMENT OF PUBLIC WORKS TO APPLY FOR FEDERAL FUNDING IN
REGARDS TO RAILROAD CROSSING PROTECTIONS AT COX LANE AND SOUTH VILLA
AVENUE PROVIDING AN INCLUSION IN THE 1979-80 BUDGET OF AN ADDITIONAL
AMOUNT 'NOT TO EXCEED $10,000 FOR THE LOCAL FUNDING CONTRIBUTION
C1if Mickelson, administrative officer, stated that the Auditor
is proposing that the two crossing protection projects be set up as a
budgetary items so that Public Works can get started. on the project.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the Department of Public Works was authorized to
apply for federal funding with regard to Cox Lane and South Villa Avenue
made crossings of the Western Pacific Railroad providing an inclusion in
the 1979-80 budget of an additional amount not to exceed $10,000 for the
local funding contribution.
..1472 ADOPT RESOLUTION 79-179 DIRECTING THAT REMAINING ASSESSMENTS UNDER $150
FOR CLARK ROAD ASSESSMENT DISTRICT ~~2 BE COLLECTED ON THE TAX ROLL
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Resolution 79-179 directing that the remaining
assessments under $150 for Clark Road Assessment District ~k2 be collected
on the tax roll was adopted and the Chairman authorized to sign.
..1473 BOARD OF SUPERVISORS' COMMENTS TO GRAND JURX REPORT
Comments to the Grand Jury report were considered at this time,
Supervisor Winston stated that he appreciated the work that goes
into the report by the Grand Jury. However, he urged future Grand
to acquaint themselves with budgetary matters. He .£oundthroughout the
report recommendations regarding maintenance of services and increasing
staffing. It is impossible to implement with the budget considerations.
Since the prime functions would be to investigate the functions of the
county and budgetary matters. As much as the Board would like to follow
the recommendations, it is practically impossible.
Chairman Lemke stated that his interview with the Grand 3ury
aas just that, Possibly the only thing they are charged with is the
operation that could be plugged by additional personnel-.without a concern
towards budgetary matters and then:for the Board to use the recommendations
• Page 112.
September 11, 1979
79-
b
1474
1475
1476
1477
September 11, 1979
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - -- _ _ = a =
Suring budget hearings wherever possible to implement. The recommendations
could not be followed because of budgetary reasons.
Supervisor Winston stated that the report talks about more
stringent building codes. They are unaware of the Board being on the
liner by the people to do away with the building codes.
Chairman Lemke advised that would be a good commentary to
send back to the Grand Jury. He would hate to think that the Grand
Jury would Iose its idealism.
4DOPT RESOLUTIONS 79-180 & 79-181 RE: TERMS AND PER DIEM OF THE GRAND
TURY MEMBERS
On motion of Supervisor Winston, seconded by Supervisor Dolan
snd unanimously carried, the following resolutions were adopted and the
Thai rman authorized to sign:,
1. Resolution 79-180 requesting a change in Penal Code
Section 905.5 to allow Grand Juries to serve during a calendar year of the
countyo '
2. Resolution 79-181 requesting an amendment to Government
ode Section 76026 relative to compensation and mileage fees for Grand
and Petit Jurors.
COMMUNICATIONS
Bachman & Associates, Chico. The engineers, on behalf of Elizabeth
Eisenhour, appeal the decision of the Public Works Department
to grant an Urban Improvements Postponement Covenant on a
tentative parcel map, four lots, AP 42-02-13, south side of
Bell Road, approximately 400 feet west of Alamo Avenue, Chico.
Set for hearing October 2, 1979 at 10:00 a.m.
TFW, Max Billie Post No. 2039. The organization sends notification of
appointing Francis Cranston to replace James Serafine on the
Paradise Memorial Hali Holding Committee. See motion following
communications.
iutte County Council for Senior Citizens. The Board of Directors forwards
its resolution asking that the Board consider requesting the
California Department of Aging to use any unexpended funds for
services to seniors to be applied toward the maintenance of the
nutrition program in Butte County and further that the Community
Action Agency be designated to operate the Senior Nutrition
Programs See discussion following communications.
;ONFIRM APPOINTMENT - PARADISE MEMORIAL HALL HOLDING COMNffTTEE
On motion of Supervisor Lemke, seconded by Supervisor Wheeler
end unanimously carried, Francis Cranston was confirmed for replacement
>f James Serafine on the Paradise Memorial Hall Holding Committee.
)ISCUSSION: NINE NORTHERN COUNTIES SUPERVISORS ASSOCIATION MEETING RE:
>ENIOR CITIZENS NUTRITIONAL PROGRAM
Supervisor Winston reported on the meeting he attended of the
dine Northern Counties Supervisors Association. There were eight counties
'ncluding Butte County represented by a member of the Board of Supervisorso
Che two thing~iscussed. One was the formation of the Triple Aso There
ias been a recommendation to reduce them from a ten county to a five
county configuration. A five county Triple A is much more manageable.
Che re is disagreement and misunderstanding among the ten counties in the
grogram. He suggested and it end was acted upon that a meeting be
Page 1130
September 11, 1979
September 11, 1979
79-
a
held with representatives from the ten counties together with the
chairmen of the respective senior citizens council on aging. This meeting
will be held in Chico on September 22, 1979 at 10:00 a.m. Hopefully
Mrs. Levy will be invited. This meeting is to air problems. This is the
only way they can reach agreement and will be able to serve to provide
the services to the seniors. The discussion will be limited to 20 people
to avoid problems with the audienceo There are instances where the
Department of Aging is saying they requested a revised budget and did not
get it. The Board member said they did get the revised budgets
Supersrisor Winston was appointed to follow through with the
meeting and serve as the Board's representative.
CLOSED HEARING - RENAMING OF ROADS IN THE GRIDLEY-'DURHAM ADDRESS AREA
The closed public hearing on the renaming of roads in the Gridley-
Durham address area was held as continued.
Clay Castleberry, public works director, set out the changes
that have been made.
3. Biggs-Rio Bonito Road from Hwy 99 to Dos Rios Road. Change to East
Rio Bonito Road.
4. Biggs-Rio Bonito Road from Hwy 99 to Biggs City Limits. Change to
West Rio Bonito Road,
2. Davis Avenue from Archer Avenue to OroGridley Hwy. Change to Humble
Avenue. This was a new street name change that was added,
1478
Dan Blackstock, county counsel, asked whether a public hearing
had been held on this street name change? The Board is required to hold
a: hearing on road changes. If this is the original name and was never
properly changed they the Board could consider it as whatever it was
considered originally and ignore the misapplication.
Ray Cobbler, public works, stated that the original name was
Humble Avenue.
9. Dusty Lane from end to Cummings Road. Change to Renz Road.
Kirk Road from Larkin Road to end, Change to Seammor Road. Kirk
Road was separated by a bridge that was bandoned. The item to be
pulled off the list.
Leafcrest Way from Royal Oaks Drive to end. Change to Beckwourth Way.
7. Leafcrest Court from Leafcrest Way to end. Change to Beckwourth Court.
These items were added because the Board approved a subdivision
map. The roads were named Leafcrest and Leafcrest Court. The Kelly Ridge
people have said they want the names changed. 'The map was recorded,
This property has not been built on.
Mr. Blackstock stated that he did not see any reason why
the Board chould not change the names since there has been no building
on those two streets.
The matter continued to later in the meetingo
Page 114.
September 11, 1979
79- 1479'
1480
1481
14$2
September 11, 1979
COMMUNICATIONS CONTINUED
Ray Munster, Oroville, Mr. Munster writes concerning traffic problems on
Las Plumas Avenue in Oroville, Referred to the Sheriff and CHP,
E1 Paso Way, Letters have been received requesting that E1 Paso Way remain
closed from: A, L, and Bertine L, Gates, J, M, and Velma
Jackson and Mr, and Mrs, Ed Gettle. To be considered later
in the meeting,
William S, Gribble, Chico, Mr. Gribble writes forwarding information
requesting that the Board consider enacting an ordinance as
to fair rates increase for mobile home parks, Administrative
Office to respond to letter advising Mr, Gribble that the Board
has never adopted a policy of rent cpntrol and is not about to,
California Central Valley Flood Control Association, The association
writes requesting that the Board continue to support the associa-
tion during 1979-80 by including an item of $500 within the
membership budget, To be considered at budget time,
Northern California Emergency Care Council, The council writes in follow-
up to an earlier request concerning financial support for the
council. To be considered at budget time. Administrative
Office to send a letter advising that the budget will be adopted
by September 30, 1979,
Marsh, Mastagni & Marsh, attorney at law, The attorneys file claims
on behalf of J, D, Zink in the amount of $14,700 and Leo P,
Ste idlmayer in the amount of $10,000 as a result of loss of
income for overtime compensation while employed by the County,
See motion following communications.
REJECT CLAIMS - J, D, ZINK & LEO P, STEIDLMAYER
On motion of Supervisor Wins ton, seconded by Supervisor Moseley
snd unanimously carried, the following claims were rejected and referred
to Counsel and Risk Management Coordinator:
1, 3', D, Zink in the amount of $14,700 for loss of income far
overtime compensation while employed by the county,
2, Leo P, Ste idlmayer in the amount of $10,500 for loss of income
for overtime compensation while employed by the county,
ADOPT RESOLUTION 79-182 RENAMING OF ROADS IN THE GRIDLEY-DURHAM ADDRESS AREA
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, Resolution 79-i82 renaming roads in the Gridley-
)urham address area to be effective July 1, 1980 excepting Kirk Road was
adopted and the Chairman authorized to sign,
COMMUNICATIONS CONTINUED
City of Fridley Planning Commission, The Planning Commission writes concerning
the continued subdivision of agricultural land within the city's
adopted spheres of influence, To be considered later in the
meeting,
State Department of Health Services, The department sends notification
of approving Butte County's 1979-80 plan and budget for the
Child Health and Disability Prevention Program. Information;
no action taken,
Page 115.
September 11, 1979
September 11, 1979
79-
a
NOWCASTING Advisory Board, Gerald M, Geiger, president, writes forwarding
information and requesting Butte County's support in .the
establishment of a NOWCASTING weather service in northern
California, To be considered during revenue sharing and budget
hearings,
U, S, Army Corps of Engineers, Paul F, Kavanaugh sends notification that
he is succeeding Colonel O'Shei as District Engineer for .the
Sacramento DistricC Corps of Engineers, Administrative Office
to write a letter to Colonel Kavanugh welcoming him to the area,
1483 PUBLIC HEARING DATE SET
A public hearing date was set for consideration of extension
of "interim A-5" (agricultural) for property located southeast of Chico
and being a portion of Sections 5, 6, 7 and 8 in T21N, RZE, MDB&M, Chico-
of October 2, 1979 at 10:15 a.m.
Bettye Blair, planning director, stated that the interim will
expire October 10, 1979. The zoning proposal is in Environmental Review
at this time.
1484 REPORT TO BOARD RE: FUNDING FOR THE PREPARATION OF ENVIRONMENTAL IMPACT
REPORT FOR THE PLANNING COMMISSION INITIATED GENERAL PLAN AMENDMENT REZONE
k'OR CHICO AIRPORT AREA
Bettye Blair, planning director, set out the background of the
General Plan amendment rezone for the Chico Airport area, The Planning
C ommission was directed to look at the entire area off Cohasset. The
Planning Commission came up with a zoning for the area and were notified
that an EIR was going to be required, The Environmental Review Department
has received bids for the EIR, She felt it was important that the Board
take the initiative in this area. The area is unclassified and there is
specific adopted zone. These has been almost a four month delay from the
Commissions-recommendations, She felt that this matter could be delayed
until after the budget has been adopted, There are about five other projects
in the mill, She felt they would run into the same problem with these
projects,
Supervisor Winston wondered if the individuals in the area
could have the~`EIR prepared as it is going to be formulated for the
nefit of the property and the property owners,
Ms, Blair stated that she had some reservations on that if they
were .considering the present property owners, An individual getting a
building permit to build would not be helping to share the cost of the
EIR just the current developers would be be paying c,for the EIR, The
area is large and has been unclassified in zoning, They have General
Plan amendments on portions of this area, She felt that the county has
tllowed the area to do as it wanted to do and now the Board about two
years ago said there should be an environmental assessment on the entire
area, "'She felt it was the county`s responsibility,
Environmental Review Department was directed to nail down the
cost and find out where they were to go as far as contracting on the EIR,
1485 REPORT TO BOARD RE: RUDY RINDLISBACHER ABANDONMENT OF A PORTION OF PUTNAM
AVENUE, PALERMO CITRUS TRACT SUBDIVISION ~~4
Bettye Blair, planning director, stated that Resolution 79-174
was adopted abandoning a portion of Putnam Avenue, Palermo Citrus Tract
Subdivision ~k4 subject to verification by the Department of Public Works
that all adjoining property owners had signed the petition, There is
oneadjoin~ y property owner who did not sign the petition for AP 27-10-02,
Page 116,
September 11, 1979
79-
1486
September 11, 1979
Mr, Garzia represents that property owner, Mr, Garcia stated that the
owner would not oppose the abandonment if it did not interfer with his
proposed land division.
Clay Castleberry, public works director, stated that a portion
fronts on the upper portion of Mr, Garcia's property, He would have use
of part of it, He may be considering use of the right-of-way in the
development of his property,
Mr, Castleberry was instructed to contact Mr. Garcia and firm
up where is is going with his parcel split and see if he has any objections
to signing the petition,
ADOPT RESOLUTION 79-183: PUBLIC HEARING: COUNTY SERVICE AREA N0, 59 (PARK
VISTA STREETLIGHTS - CHICO) - RECONSIDERATION OF PER PARCEL SERVICE CHARGE
TO TNCLUDE AN ADDITIONAL STREET LIGHT
The public hearing on County Service Area No, 59 {Park Vista
streetlights - Chico) reconsideration of per parcel service charge to
include an additional street light was held as advertised,
Chairman Lemke advised that the original charge was $10,46 per
parcel and that would increase to $11,53 per parcel,
Hearing open to the public, Appearing: No one,
Hearing closed to the public and confined to the Board,
1487
On motion of Supervisor Wins tan, seconded by 5upe rvisor Wheeler
and unanimously carried, Resolution 79-183 relating to County Service Area
No, 59 (Park Vista streetlights - Chico) setting a per parcel service charge
of $11,53 per parcel instead of $10,46 per parcel was adopted and the
Chairman authorized to sign,
RECESS: 10;03 a, m,
RECONVENE: 10:25 a, m,
ADOPT ORDINANCE 2044: PUBLIC HEARING: M, C, HORNING, SR, - PROPOSED
NEGATIVE DECLARATION AND REZONE FROM "R-3" (MEDIUM DENSITY RESIDENTIAL) TO
"R-4" (MAXIMUM DENSITY RESIDENTIAL - RESTRICTED SERVICE) PROPERTY LOCATED
N THE SOUTH SIDE OF LASSEN AVENUE AND ON THE WEST SIDE OF STATE HWY 99,
AP 44-05-04, CHICO
T The public hearing on M, C, Horning, Sr, proposed negative
3eclaration and rezone from "R-3" (medium density residential) to "R-4"
(maximum density residential - restricted service) property located on the
south side of Lassen Avenue and on -the west side of State Highway 99,
9P 44-05-04, Chico was held as advertised,
Chairman Lemke advised that he had received a letter from Mr,
Horning stated that he would be unable to attend the meeting today and if
there is any, controversy he asked that the matter be continued at the Board's
convenience, If there is no controversy, there would be no need to continue
the hearing.
Earl Nelson, environmental review director, set out the background
~f the negative declaration, This project is a 5,72 acre parcel presently
"R-3", They are requesting "R-4 " because this zoning allows some uses
Zot allowed in "R-3" zoning mainly professional offices and convalescent
comes, There is no significant change from one zone to the other,
Che development under the present "R-3" zoning would result in certain
rinds of impacts which are change in character of the area, increase in
=raffic and exposure to noise of .the highway, He recommended a negative
3eclafation, Page 117,
September 11, 1979
79-
a
September 11, 19`7g _ _ _ _
' - - - - ~et•Eye flair, plaanning cTirec~or; set out the bac~tground of the rezone.
The staff concerns were the result of a BCAG determination on the off ramps
for Lassen Avenue, They thought that maybe the applicant might want to consider
a "PA-C" zoning.
Hearing open to the public. Appearing: Mrs. Phyllis Bush. Mrs.
Bush stated that the area was originally a small farm. The property was
sold and the farming stopped. The trees remained dead and the grass was
allowed to grow. There were three fires in three days on this property. The
prior Board was of assistance to them. She would like to see the property
treated as a unit. There is a need for a senior center as proposed by Mr.
Horning. This would be a place between a person being in their own home and
having to go to a convalescent hospital. Chico does not have such a place.
This would provide a buffer for the residential property. It fits in with
the area. She would rather that the property did not become a gas station.
She was not opposed to the "R-4" zoning.
Hearing closed to the public and confined to the Board.
1488
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, in reading the initial suudy, finding the proposed
project could not have a significant effect on the environment, a negative
declaration was filed.-
On motianof Supervisor Dolan, seconded by Supexvisor Wheeler
and unanimously carried, finding a negative declaration has been filed,
and the project is in .conformity with the General Plan, the rezone from
"R-j" (medium density residential) to "R-4" (maximum density residential -
restricted service} property located on the south side of Lassen Avenue and
on the west side of State Highway gg,.AP 44-05-04, Ch_CO was approved;
Ordinance 2044 was adopted and the Chairman authorized to sign.
P:I30PT ORDINANCE 2045: PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION PROPOSED
ADDITION TO BUTTE COUNTY CODE, CHAPTER 24, TO INCLUDE DEFINTTTONS FOR "SIDE
OR REAR YARDS"
The public hearing on the Butte County Planning Commission proposed
addition to Butte County Code, Chapter 24, to include definitions for "Side
or Rear Yards" specifically sub-section 24-21.45{a) would read as follows:
"Areas which extend a specified distance from side or rear lot lines or which
a~e~nQt to be. occupied by buildings, accessory buildings, fireplaces, utility
connections or other structures or equipment extending more than 12" above
ground level." was held as advertised.
Bettye Blair, planning director, set out the bacground of the
proposed change.' This item is not subject to CEQ~I.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
1488
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the addition to Butte County Code, Chapter 24, to
include definitions to "Side or Rear Yards" specifically subsection 24-21.45(a)
that would read as follows: "Areas which extend a specified distance from
side or rear lot lines and which are not to be occupied by buildings, accessory
Buildings, fireplaces, utility connections or other structures or equipment
:xtending more than l2" above ground level." was approved; Ordinance 2045 was
adopted and the Chairman authorized to sign.
:OMMUNICATIONS CONTINUED
)epartment of Labor. The department sends information regarding reallocation
of carry forward funds and fiscal year 180 .new obligational
authority regarding CETA. Referred to Personnel.
Alfred L. Williams, Durham. Mr. Williams appeals the Planning Commission's
denial of a variance to minimum parcel size requirements to
allow three 4.65 acre parcels on property zoned "A-5" (agricultural-
Page 118.
• September 11, 1879
79-
September 11, 1979
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ - -- - - _ _ _ _ ~ ~ W = _ - -
five acre parcels) located on the west side of Esquon Road,
approximately 1700 feet south of Durham Highway, identified
as AP 40-14-42, Durham. Set for hearing October 2, 1979 at
10:30 a,m,
Mr, and Mrs, E, G, Downing, Chico. Mr, and Mrs, Downing request that E1
Paso Way remain closed. To be considered later in the meeting,
ADDITIONAL MATTER PRESENTED BY SUPERVISOR DOLAN
Supervisor Dolan stated that she was submitting several letters
and a petition £or the hearing regarding E1 Paso Way later in the meeting.
14 90
PUBLIC HEARING: R, E, CHERRY - DETERMINATION OF THIS PROPOSED MULTI-FAMILY
USE ON PROPERTY ZONED "TM-40" (TIMBER MOUNTAIN) AND ALSO UNDER A LAND
CONSERVATION ACT AGREEMENT CONTRACT (GRAZING - 160 ACRE MINIMUM PARCEL)
PURSUANT TO PROVISIONS OF RESOLUTION 68-7, AP 56-05-37, 3/4 MILE NORTH-
EAST OF HIGHWAY 32 NORTH OF SANTOS ROAD FOREST RANCH
The public hearing on R, E. Cherry determination of this proposed
multi-family use nn property zoned "TM-40" (timber mountain) and also under
a Land Oonservation Act agreement contract (grazing - 164 acre minimum
parcel) pursuant to provisions of Resolution fib-7, AP 56-05-37, 3/4 mile
northeast of Highway 32, north of Santos Road, Forest Ranch was .held as
advertised,
1491
Bettye Blair, planning director, set out the background of the
hearing, This property is under Williamson Act agreement, Resolution 68-7
provides that other uses deemed!to be compatible with agriculture can only.
be when the Board finds that such a use is compatible, This is in agricul-
tural preserve and a "TM-40" zoning district, If the Board finds this
use compatible, it would be applicable to all agricultural preserves in
the county,
Discussion of whether<_ there is a tax break for those properties
er the Williamson Act now that Proposition 13 has been passed held at
s time.
Ms; Blair stated that there was an Aunt Minnie issued for this
parcel. She understood the property owner would like to not have to renew
the Aunt Minnie annually and this is the reason for the requested determination.
Hearing open to the public, Appearing: R, E, Gherry. Mr,
Cherry stated that the Willia mson Act is designed to preserve agricultural
and, There is a tax break for grazing, The difference between the next
category which is irrigated pasture is about $19, What the Board is considering
is whether the use permit will be approved, He felt that it was required.
This is a 160 acre parcel under the Williamson Act, If the parcel was for
grazing it would be 160 acres per residence, 40 acres per residence for
irrigated pasture and ten acres per residence for orchard, A single
+0 acre ownex is allowed four residences to be compatible with the zoning,
He wanted to put one additional home on his property. He is a disabled
veteran, He and his father are jointly occupying the property, He would
like a permanent solution for the second home. This could be very easily
defined as one residence emery 80 acres,
Ms. Blair stated that the Board is not considering the use
permit. All the Board is considering is the compatibility with the
Williamson Act. The contract as_ stated provides for one residence
and for agriculture employees. She wondered if Mr. Cherry had made.
application to amend his contract.
Page 119.
September 11, 1g'7g
September l1, 1979
79- Mr. Cherry stated that lie intended to change the designation
b of his Williamson Act contract.
Del Siemsen, deputy county counsel, stated that the issue
is whether the Board wants to consider multi-use with the Land Conservation
Act.
Mr. Cherry stated that if the change of use is made on his
property that condition exists where .people"under the Williamson Act
are eligible for more than one residence.
Chairman Lemke stated that if Mr. Cherry amended his contract
to irrigated pasture designation he could have a home for himself as
owner and his father as manager and they could build two homes.
Mr. Siemsen stated that Mr. Cherry would have to split the parcel
into parcels of 40 acres by parcel map, If he came in as he does it would
be one contract for one parcel of 165 acres and there would be only one
residence allowed. Mr. Cherry would not be able to get out, of the
Williamson Act for ten years if he came in and said he did not want the
agreement continued.
Mr. Cherry asked if he designated one residence for the owner
and one as worker and they certified that they are working 32 hours
per week then that dwelling would be al]~owed.
Mr. Siemsen stated that as long as one o£ the people could
meet the requirements for an agricultural employee he could see no: reason
why they could not have the two residences.
Hearing closed to the public and confined to the Board.
Ms. Blair stated that if they negotiated the proper affidavit
they would have to accept one of the people as`a proper employee.
On motion o£ Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the Board made the finding that multi-family use
under the definitions contained in Resolution 68-7 is not compatibly with
the Land Conservation Act.
1492 APPEARANCE: MOLINE COFF, DUNSTONE, OROVILLE
Ms, Goff stated that she has been trying to get a septic system
on three five acre parcels. She had an enineer test the ground to see_if
it would perk. Mr. Vanhaxt stated that the ground would not, perk. She set
out the way the property is located. The back of it drops off into a deep
s.anyon. It could not hurt anything. The property does have 30 inches of
top soil. She would like to have a shallow long leach. line. Mr. Vanhart
thinks that when it rains that there would be runoff.
Supervisor Winston stated that he had discussed the matter with
Mrs. Goff. He discussed the situation with Mr. Vanhart and he would
find it difficult to override the recommendations of the Environmental
Health Department. He realized that Ms. Goff was a long way from anyone.
He felt that a lot o£ time and study had gone into Ms. Goff~s situation.
Chairman Lemke stated that these were areas in the county.
There have been products developed to handle situations but they have not
~beenaccepted in this county. He would like to talk about that type of
system rather than what Ms. Goff is proposing.
Page 120.
'. September 11, 1979
September 11, 1979
79-
S
1493
A gentlemen stated that he had made some perk tests on the
property. He set out the type of tests that he did one the property.
There is a deep ditch four feet deep about 100 feet long. He ran five
inches of water and were filled. The water did not go down but appeared
to be coming up. By leaving the hole overnight there was enough water
to still come into the hole. There is some ability to soak in. Possibly
there could be a holding tank used in combination with a shallow leach line.
Chairman Lemke advised that he would talk to Mr. Vanhart
about a possible solution to the problem for a number of parcels.
PUBLIC HEARING: FLOYD F. SANNAR - APPEAL OF CONDITION #10 AND WALTER G.
LITTLE, ET AL - APPEAL OF NEGATIVE DECLARATION AND TENTATIVE SUBDIVISION
MAP APPROVED BY ADVLSORY AGENCY FOR WEST LIBERTY ESTATES SUBDIVISION,
11 LOTS, AP 21-131-17 and 18, NORTHEAST CORNER INTERSECTION OF LEW1S OAK
ROADDAND WEST LIBERTY ROAD, GRIDLEY AREA
The public hearing on the Floyd F.'Sannar appeal of condition #10
and Walter G. Little, et a1 appeal of proposed negative declaration and
tentative subdivision map approved by the Advisory Agency for the West
Liberty Estates Subdivision, 11 lots ,AP 21-131-17 and 18, northeast
corner intersection of Lewis Oak Road and West Liberty Road, Gridley area
was held as advertised.
Earl Nelson, environmental review director, set out the background
of the negative declaration. The parcel as proposed would be a subdivision
that is lg acres and there would be 11 lots. This would be over one acre
lots in the area. The only thing that could. be construed as significant
effect is the question of loss of agriculture land=and compatibility
with agriculture surrounding operations. If it were outside the designated
urban area they would consider it a significant effect. This project
occurs within the designated area for the single family residential.
The county designation is different than that of the Gridley General
Plan. He recommended a negative declaration on the basis that the
development is in conformity with the Land Use designation in the General
Clay Castleberry, public works director, set out the background
of the appeal. The condition that is.being appealed is the condition
for street widening. Originally the staff recommended that the developer
widen both roads because they were farm roads. Because of the major
traffic flow that would occur on West Liberty the requirement was to
widen West Liberty to 14 feet of one-half section.
Mr. Nelson stated that he still felt that a negative declaration
u1d be adopted. If an EIR was required it would still say the same thing
fax as concerns and loss of agricultural land.
Hearing open to the public. Appearing:
1. Gary Little. Mr. Little stated that he was involved in
.family farming operation.- His property is adjacent to the proposed
project. He felt that, because of_.the.impact and problems that will result
o adjacent farming operations, that an EIR rather than a negative declaration
hould be considered. Their cultural practices will be adversely affected
f residential development is allowed adjacent to the farming operation.
n the production of an orchard it is necessary to spray the orchard many
imes through the year to control pests and other things. The sprays that
re used.regirire a permit before an application of the spray can be made.
r. Little set out the types of spray they are using in their operation.
he Agricultural Commissioner will not issue permits for these sprays
f they are adjacent to residential property. They can have a toxic effect
~, Page 121. '
September 11, 1979
79-
September 11, 1979
on people. Tt is necessary to wear masks when spraying. It is also necessary
to post the orchard for a duration of five to twenty days. If-the subdivision
is approved they will have to use less desirable sprays.
Another problem that could occur is the dust caused by the discing
of the fields. This will cause a real problem to the subdivision. The
major concern is traffic conjestion on the major roads used to haul produce.
These are farm roads. This is prime farm land. It is capable of growing
about any crops. There is a canal lateral adjacent to the property.
He felt that checkerboard' development was not necessary and that there
are other lands more readily available to the City of Gridley that can be
developed prior to this property. Mr. Little stated that he owned property
closer to Gridley and•it was impractical to use for farm land because of
development. Many of the children in these developments find that the
farm land that is adjacent to the property is a playground. Mr. Zittle
stated that he was not at the Advisory Agency hearing that was held. The
spraying will not usually be allowed within 200 feet of a residence.
His property is directly across the street-from the proposed project.
Supervisor Winston stated that there is a subdivision around
Mr. Little's operation. There is a division of homes on Block Road of
ten or twelve homes.
Mr. Little stated that those homes were built about ten years
ago. They are on all sides of this .project.
5 , Dan Boeger, city of Gridley. Mr. Boeger gave the
Board members findings of a committee that met with a cross section~of
people. These findings were submitted to the Gridley Planning Commission
for their review which was done last night and has been continued for ten
days. The findings have not been approved. One of the very, strong
concerns in Gridley is the preservation of agricultural land to avoid
checkerboard development. The citizens and public feeling is that the
project should be opposed as being too far away from Gridley and would ruin
prime agricultural land in the area. He did not feel that it was a proper
project. They are considering a map that would double the population of
Gridley for a 20-year plan for Gridley. They would like to grow from the
city limits opt. Mr. Sannar does have property closer to Gridley that can
be developed.
6. Jim Ward, engineer for City of Gridley. Mr. Ward supported
the comments of Mr. Little and Mr. Boeger. The city has gone to the expense
of letting out contracts for drainage problems. They will be involved in
the county areas. Everything is not complete on the recommendations for
the spheres of influence. He requested that the Board consider: .a review
of all of the subdivision activity within the immediate sphere until
both the city and county can come up with a joint plan.
~. Dick Sannar. Mr. Sannar stated that the concept of the
subdivisions was originally considered in compliance with the General
Plan and the zoning. The density factor was in compliance. Currently
there are quite a few houses within the orchards. Some of these homes
are closer than the subdivision will be. They are currently using
the spraying in that area, The area of the"subdivision is being considered
a.play ground because of the canal. This is already a problem in the area.
Phe character pf the area is urban one-half mile. There are 23 homes within
one-half mile on Little Avenue. On Lewis Avenue there are five homes
snd there axe"eight or nine houses on West Liberty Avenue within orze-half
Wile of the area. There is a twenty acre block that does not have houses.
Phis areais urbanized and is within the county General Plan.
Page 122.
. September 11, 1979
79-
September 11, 1979
He did not feel that an EiR would have any different information. It is
questionable whether this is prime agricultural land. They, had a difficult
time raising an orchard at. some places. This is in an area that is
urbanized by parcel splits.
Mr. Sannar stated that he objected to condition X1.0. This
requires the widening of Lewis Oak 14 feet. The existing pavement is 22
plus feet wide. This is wider than most of the roads within the colony area.
West Liberty Road is at least 22 feet wide. The condition will involve
moving power poles. It will encourage faster traffic in the area. He
did not feel that this was justified with the amount of lots. There
will be six lots on that road. There will be a wide frontage. This
was originally thought to be a semi-rural development and not one that
would entail curbs, gutters and sidewalks.
8. Floyd Sannar._ Mr. Sannar showed the Board pictures of
the area-and the streets. Little Averiue to the north is 1g feet wide
and has 23 houses on it. Lewis Oak-is to the west and is 14 feet wide
with three-houses. West Liberty is 22 feet at the narrowest point and
there is five houses on it. French is lg feet wide with seven houses.
~fe showed the Board a picture of the houses of the owners that are
complaining, The houses are in the orchard. His own house is in an
orchard that is sprayed over all the time. When the public hearing was held
there was no one that appeared.
9. Burt Onut. Mr. Onut concurred with the comments of Mr.
Little. He did not feel that it was right to encourage leap frogging.
development of good farm land.
10, Brad Gurth, Gridley Planning Commission. ~Mr. Gurth
stated that the Planning Commission spent a considerable time discussing the
issue hefore they recommended that a letter be prepared. There were 20
acres recently that was sold for $10,000 per acre. This was adjoining
property. 'He would consider this prime agricultural land. It is true that
there ..:are houses already built. There is a problem out there now.
The more homes you get will affect the agricultural businesses in the
area.
11. Walter G. Little, Mr. Little asked that the Board recognize
those present today. He endorsed the Board for their consideration.
He felt this was a development in prime agricultural land. This land
has"one of the best water rights that can be found in the state. The
canal runs right through this property. He wanted agricultural land
preserved for future agricultural uses. He felt that the development was
out of the realness of orderly-procedure. There may come a day with the
influx of people that the area will need to be developed. Tt is not
necessary at this time: He hoped that the Board would deny the project.
12 Sherrie Little. Mrs. Little stated that West Liberty
is the main.artery to the highway. There are many houses already there.
There are children, and fruit trucks that travel that road. She felt
that with further congestion of children and no widening of West Liberty
that the road has reached a saturation point. She felt that this development
would change the nature of the area. This is good agricultural land and
Lewis Oak is not developed.
Hearing closed to the public and confined to the Board.
It was moved by Supervisor Moseley, seconded by Supervisor Winston
that on the basis of the initial evaluation, finding the proposed project
Page 123.
September 11, lg7g
September 11, lg7g
~g_ could not have a significant effect on the environment, a negative declaration
b be recommended. AYES: Supervisors Moseley and Winston. NOES:, Supervisors
Dolan, Wheeler and Chairman Lemke.
Motion fails.
It was moved by Supervisor Dolan, seconded by Supervisor Wheeler
that the subdivision be denied.
Supervisor Winston stated that he made the statement that when
the matter in the south Chico area came up he was concerned that the
question before the Board was the integrity of government. The county
has allowed 1'A-2'~ zoning and has a General Plan that allows development.
This leads him.. to believe that the citizen says this land is in the
urban area and they can divide the property and he now finds it difficult
to accept the fact that people cannot believe govenment. The proposed
subdivision was in good faith put before the Board and there were no
objections except from the City of Gridley. Now at this late date, there
are people saying no. He might agree with the people. Maybe the city
with the cooperation of the county can get some zoninging that will provide
what the citizens require in the area. Citizens should be able to rely
on the General Plan and adopted zoning.
Supervisor Moseley stated that just recently four of Board members
voted to approve the same type of situation. Now Mr. Sannar is being denied
what was given to the other people.
Chairman Lemke stated that he voted No on the negative declaration
because he felt that an ETR should be prepared. He has some environmental
concerns. The main concern is spraying near residential units.
Supervisor Wheeler withdrew her second.
Motion fails for lack of a second.
The hearing was re-opened at this time and continued to
November 6, 1979 at 10:00 a.m. for consideration of the EIR and the project.
RECESS: 12:28 p.m.
RECONVENE: 1:47 p.m.
'.,1484 UBLIC HEARING: HAROLD WELBORN - APPEAL OF CONDITION #2 ON PROPOSED
EGATIVE DECLARATION AND USE PERMIT TO ALLOW TWO DUPLEXES ON PROPERTY
ONED "A-R't (AGRTCULTURAL RESIDENTIAL), LOCATED APPROX. 300' EAST OF
AWHILE ROAD ON EASTERN END OF KATHY COURT, AP 53-17-65 PARADISE
The public hearing on Harold Welborn appeal of condition ~ on
roposed negative declaration and use permit to allow two duplexes on
roperty zoned "A-R" (agricultural residential), located. approximately
300' east of Sawmill Road on eastern end. of; Kathy Court, AP 53-17-65,
aradise was held as advertised.
Earl Nelson, environmental review director, set out the background
the negative declaration. This is~a use permit for four units on
-half acre. The impacts are relatively minor. There will be an
rease in drainage, traffic and changes in~the character of the area.
re were no significant impacts.. He recommended-a negative declaration.
Bettye Blair, planning director, set out the background of the
permit. The use permit was heard by the Planning Commission and
roved subject to conditions.
Page 124.
September ll, 1979
September 11, 1979
79-
d
Hearing open to the public. .Appearing: Harold Welborn. Mr.
Welborn stated that there were three conditions on the use permit. He
was objecting to condition #2. It relates to road standards. This
road standard represents 49 feet in width of asphalt .paving. The
street is 26 £eet with an 80. foot turn around The only thing he
was asked to do was put in a bump in the road. The people in the area
do not want the road widened. They want a bump put in the road.
Chairman Lemke stated that the Board received a letter from
Phil Foto. Mr. F'oto is asking for assurances that the bump will be placed
on the road. .
Mr. Welborn stated that he was going to build a speed bump.
Hearing closed to the public and confined to the Board
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, finding the proposed project could not have a
significant effect on the environment, a negative declaration was accepted.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the_ appeal of condition #2 was upheld, finding
the use will not impair the integrity and character of the zone in which
the land lies and that the use would not be unreasonably incompatible with
or injurious to surrounding properties or detrimental to the health and
general welfare of the persons residing or working in the neighborhood or
to the general health, welfare and safety of the county, the use permit
for Harold Welborn to allow two duplexes on property zoned "A--R" (agricult-
ural residential) located approximately 300 feet east of Sawmill Road on
eastern end of .Kathy Court, AP 53-17-65, Paradise was approved subject to
the following conditions:
1. Provide two off-street parking spaces per dwelling unit designed in
accordance with the attached standards.
2. Provide a permanent solution for drainage. Submit construction and
drainage plans to the Deparment of Public Works for approval and
install the required faci7~ ies. .
Applicant must also comply with all other applicable State and local
statutes, ordinances and regulations.
1495 APPEARANCE: HAROLD WELBORN RE: COPIDITION ON TENTATIVE SUBDIVISION MAP
Mr.. Welborn stated that he applied for a tentative subdivision
map about six months ago. The map was approved subject to certain conditions.
He has just become aware of the road standard requirements. The requirement
was for 49 feet of paving. It was past the time he could appeal. The
subdivision map has not been recorded. Condition ~2 on the use permit
that was just deleted is the same condition on the map. He asked that
the Board also delete the condition from the map. The footage is including
asphalt sidewalks.
Dan Blackstock, county counsel, stated that the Board had a
jurisdictional question and cannot decide an appeal without the appropriate
hearing and the appeal must be timely.
Mr. Welborn stated that the 'road has been approved with respect
to use and Counsel is saying, that the road has not been approved for a
particular use.
Page 125.
September 11, 1979
79-
1496
September 11, 1979
Mr. Blackstock stated that he would give the Board a written
opinion for next week.
The matter continued to September 18;1979 for a written
opinion from County Counsel.
PUBLIC HEARING: CONSIDERATION OF EL PASO WAY TRAFFIC PROBLEMS
The public hearing on consideration of El Paso Way traffic
problems was held as advertised.
Supervisor Dolan presented a report by the committee regarding
the traffic problems in the north area. The committee agreed to continue
to meet. They have planned an intersection traffic count. There will be
an orientation for volunteers to assist on September 12, 1979 at 7:30 p.m.
There will be a need for 136 people for a twelve hour period for one day.
Supervisor Dolan submitted a list of alternatives recommended by the
committee. These would include construction of a frontage road parallel
to the freeway and the installation of signal lights at various intersections.
The committee was split on the alternative of closing both E1 Paso and
White Avenue. Any further construction should be contingent on providing
adequate traffic flow. The committee was concerned with the enforcement
of the traffic law. The committee would like to continue to review the
situation.
• Clay_Castleberry, public works director, stated that this week
there was a traffic count done on both El Paso Way and White Avenue. The
count was in excess of 3,000 cars on El Paso and a smallex number on White
Avenue. There is a different number than the traffic count taken on White
Avenue about a month ago. He expressed the thanks to the volunteers who
took the traffic count.
Supervisor Winston stated that a year ago he expressed concern
about the, construction of a frontage road parallel to the freeway because
cf the dangerous condition.
Mr. Castleberry stated that he expressed concern about it. It
takes extensive signals. It maybe the best available for the county
since the off "ramps at Lassen Avenue are not available. He did not know
There the financing for the signals would come from.
Chairman Lemke stated that the figures on the traffic count
sere as follows: 2,386 E1 Paso Way at East Avenue; 1,746 on White Avenue
~.t East Avenue. •
Chairman Zemke set out the correspondence that has been received
°or the hearing:
Petition with approximately 241 signatures •
Marcella M. Moore
Mark Rupp
Mr. and Mrs. L. H: Starns
Mrs. Trene Cunib
Mr. and Mrs. Charles Bain
Mr. and Mrs. L. 0. Weston
Jane L. Hendrix
Ed and Bonnie Peck
Terry S. Paul
Geraldine & Willie E. A11en
Betty Z. Lewis
M. Fasillo
Page 3.26.
September 11, 1979
79-
a
September 11, 1979
James. D. Finer family
Carloyn Curtis
Bill Anders
P. U. Gerald
Carolyn & Motty Otto
Marion & W. E. Gates
Robert & Eva McReynolds
C. W. Beckhold
Donald & Millie Maddox
A. L. Gates and Bertine Gates
J. M, and Velma Jackson
Mr. and Mrs. Ed Gettle
Audrey Braden
Chairman Lemke stated that the hearing was going to be opened
to the public. The discussion will be on the traffic problems on El
Paso Way and White Avenue and the possibility of an access road along
the freeway. The Board and staff have made efforts in approaching the
state for an off ramp and the effort and outlook are pretty dismal. It
is not in the foreseeable future. Alternative solutions must be addressed.
This has become a very emotianal issue, i3o one can answer the question
of how much is a child's life worth. The Board feels the concerns of the
area. They would like to try to arrive at an equiable solution. for all.
He asked that the speakers talk about facts. There is a viable committee
working now. The people have been invited to help with that committee.
Hearing open to the public.. Appearing:
1. Don Barrier. Mr. Barrier stated that he had enjoyed working
on the committee. It was his understanding that the committee was to
continue. The committee must be acknowledged as a fact finding advisory
organization whose findings are to be seriously considered. A permanent
committee chairman should be appointed. The appointments should be limited
to not less than eleven people nor more than thirteen people. They should
be appointed from the north county area and be objective. There is no
need to have members of the Board present at the meeting unless their
presence is requested. The committee should be allowed to make press
releases. He"`felt the committee should be involved with the northeast
Chico axea only.
Supervisor Winston asked Mr. Barrier_if he envisioned the committee
examining proposed projects in that area and making recommendations to the
Board regarding the projects.
Mr. Barrier felt that the committee had to get all the input
the could. They would want to review the project to get an overall picture.
Chairman Lemke stated that one of the most effective safety
committees he has seen is the Paradise Safety Committee. They have
citizens representation and have members of the CHP and Public Works
Department at the meetings so that questions can be answered.
Mr. Barrier stated that his ideas were pretty rough-:. He did
not feel that anyone connected with county or state government should
have a vote on the committee. He would like to have the recommendations
of the. committee seriously considered.'
2. Todd Peterson, on behalf of Casa de Flores Mobile Home
Park. One of the issues that has not been fully discussed is the
closed gate for White Avenue. Mr. Peterson submitted an aerial photo
showing the Casa de Flores Mobile Home Park. There are approximately
Page 127.
September 11, 1979
September 11,_1979
79-
a
295 units in the park. Mr. Peterson presented a•petition with 352 signatures
regarding the opening of the White Avenue gate. The residents_of the park
are concerned with access by emergency vehicles. There is no guarantee
the vehicles will attempt to come in the gate. It affects the south
area residents in the park. It forces those residents to go through the
park past the recreation center and the pool which results in traffic
congestion. In September, the Board ordered the gat e. removed, In June,
the Board ordered that the gate be closed. It has created friction in
the area. He asked that the Board rescind their action on June of this year
in closing the gate. There is a request on behalf of the people signing
the pebition to rescind the closure of El Paso Way. He felt that in the
interim it would be best to open a 1 the roads.
Chairman Lemke questioned Mr. Castleberry as to how many
accesses a mobile home park generally has.
Mr. Castleberry-stated that a mobile home park has at least
one exit and entrance and one emergency exit and entrance.
Chairman Lemke stated that originally the map 'for Casa de Flores
indicated that the White Avenue gate was for emergency exit only.
3. Jerry Boles. Mr. Boles stated that the Department of
Forestry has said there was no problem with access. They would probably
go down E1 Paso Way or Lassen Avenue to the access. There would be no
problem cutting the bolt. There are small children in the south side of
the park. There was a petition signed by 23 of the people .who wanted
the gate closed. Most of the people that moved into the park were told
that the gate would be closed. The residents of White Avenue also want
the gate closed. Mr. Boles presented pictures taken in June showing
the gate of the park.
4. Rave Arnet, Mxs. Arnet stated that the people of the
mobile home park are deprived of police protection and immediate response
from emergency units. Contrary to what the police say the Fire Department
3o es not carry bolt cutters. Casa de Flores in the only park in the area
Frith 3C0-spaces. It is the only one designed for traffic flow two ways.
Phe people in the park do not carry bolt cutters and could not get out
~f the park in. an emergency. There are people going around the barricades
that have been placed on E1 Paso Way. She has seen the police go around
the barricades in an emergency. This does create a'problem. There are
z62 signatures in the park against 25 signatures asking that the gate
~e opened. Since E1 Paso Way has been closed people are going through
the mobile home park.
Supervisor Dolan stated that>at the time of the opening of
she gate it was tied it with not closing El Paso Way.
Mr. Castleberry stated-that he had talked with Bob Paulus, fire
Darden, and all county fire trucks carry bolt cutters.
5. E. G, Downing. Mr. Downing felt that the Board was as
equitable as possible when they decided to close E1 Paso Way. The road
ras never intended to be put through. He felt that E1 Paso Way should
•emain closed.
6. Jack Joiner, Casa de Flores Mobile Home Park. Mr. Joiner
Mated that the closure of the gate increases the traffic by the recreation
;enter and El Paso Way. He wondered why the gate co~rld not be opened to
>alance out the traffic. He felt the park had a lot more children than
Page 128.
September 11, 1979
September ll, 1979
79-
b
E1 Paso Way.. E1 Paso Way does not have that many dwellings. He felt
something more drastic should be taken. A lot of people on El Paso Way
go to the Short Stop market through the mobile home park. He felt that
the children in the park had been put in more danger than there was
originally. .
7. 0. K. Crumley. Mr. Crumley stated that the gate closure
has not affected him too much because he goes to the south. When there
is heavy traffic on a street there should be no parking at any times
There should be curbing placed on El Paso Way to help. If they had
built the sidewalks back further it might have .helped., El Paso Way
is no different than any other street in the city. It might have more
curves. There has been anew road made on private property around the
parricades. The barricades are not going to stop the law breaker.
Mr, Crumley stated that one of the people who lived in the park was not
aware of the gate being closed. She received anemergency--call and went
to the White Avenue gate. With it being closed, she had to go throughtthe
park. The gate should be opened. Development cannot be stopped. There is
going to be more traffic. T-Te recommended that maybe houses should be
taken out and the street widened to accommodate the traffic. Mr. Crumley
presented several letters to the editor regarding this matter.
8. Art Leman.. Mr. Leman wondered whether the frontage road
:ghat is being discussed would have an effect on Jay Partridge School.
Signals would cost a great deal of money. Tt appears that the volume
of traffic is increasing daily. He felt that the closure of El Paso
Way and the closure of White Avenue should be done. He felt that pressure
should be brought on Caltrans in the form of a suit to get the off ramps
needed.
9. Carolyn Curtis,, Ms. Curtis stated-that the signatures
for the petitions were obtained from the adjoining streets along with
E1 Paso Way and some signatures from White Avenue.
Y0. John Otto. Mr. Otto felt that E1 Paso Way should remain
dosed. The main traffic problem is north of El Paso Way. He felt that
the residents of E1 Paso Way did not cut through the mobile home park.
Che problem is~not going to be solved by opening El Paso Way.
3ECES: 3:20 p.m.
2ECONVENE: 335 p.m.
11. Beth Langford. Ms. Langford stated that most of the attention
:o solving the problem on White Avenue and El Paso Way had been directed
:o the off ramps and a frontage road. Most of the traffic on these roads
ire not going downc.to get on the freeway, they are going to the shopping
hall. She did not feel that these were a solution to the problem. She
wondered what was happening with Tom Polk Avenue. She felt that if the
3oard was going to leave El Paso-Way closed they should `also close White
(venue.
Mr. Castleberry stated that the property owner working on Tom
yolk Avenue has run into difficulties. There is a possibility of a new
owner coming in for development.
12. Sherrie Howard. Ms. T-Toward stated that no one has mentioned
.he configuration of that exit gate for the mobile home park. The configuration
.f the gate does not allow for safe passage for automobiles to see in
Both directions before passing the sidewalk. She took seven pictures of
ears that failed to stop at the stop sign. She did not feel that the
. Page 129.
September 11, 1979
79-
a
September 11L1~'~-~~_______ ~__
gate was a safe exit for the mobile home park. She has had trouble coming
out of Lassen Avenue exit. The people with children in the park were
not asked to sign the petition to have the gate opened. She showed a
skate board that had been run over by a car. She set put the accidents
that have occurred on White Avenue. There are traffic problems on White
Avenue.
13. A. B. Hocking. Mr. Hocking stated that it is difficult
coming out of the gate. The only way to. see is to get out in the street.
The mobile home park is fortunate to have three gates to the park.
The reason the gate was closed was that children wanted to play in the
park street. He did not believe that the street was anywhere for
children to play. The most important thing to him is being about to
get out of the park in an emergency. He felt the gate should be opened.
14. Rebecca Prebble. Ms. Prebble read a prepared statement.
This .statement was presented to the Board. The residents of White
Avenue did not request that their stree be closed at the time that
El Paso Way was closed. Since that time, they presented a petition to
Supervisors Dolanad Wheeler requesting that White Avenue be closed.
They did not receive the same treatment as the residents of El Paso Way.
She felt that a committee should be authorized by vote of the Board.
The committee should be changed. She felt that the Board should open
El Paso Way.
Chairman Lemke stated that he agreed with the recommendations
but did not agree that the residents of White Avenue have been ignored.
15. Floyd Damschen, Casa de Flores Mobile Home Park. Mr.
Damschen stated that it was a condition of the Board wkzen the use permit
was granted along .with the joint study of the city ~to extend E1 Paso Way.
Phe Board formed an assessment district. He was concerned and felt that
everything should be left open to try to find the answer. The more
sccess roads you have open the more access there is. He is willing to
cooperate with regard to visability of the mobile home park accesses any
way that he can. He would take any suggestions the Board can give him
to help the residents of Casa de Flores Mobile Home Park find a
comfortable way to live without fighting with the neighbors.
16. Cal Bachman. Mr. Bachman stated that he was a civil engineer
end his main concern on E1 Paso Way was that the road was set up as a
residential neighborhood curvature. There is parking allowed and there
ire trees. There is a safety condition on .the street. The road is
farrow and winding. There is an immense amount of traffic on El Paso Way.
Che engineering study would show that E1 Paso Way cannot handle this
amount of traffic. The maximum speed limit would be 2~ MPH. A lot of
:he -road would probably be 20 MPH. Fram an engineering standpoint El
?aso Way has dangerous conditions. If the road was open at this time
:here is going to be bodge podge of traffic and additional people.
~ development off Godman is putting an additional`1,000 cars in that one
iirection. He felt that until a full study can be made the road should
remain closed.
17. Edward Prebble. Mr. Prebble stated that the lack of
safety on E1 Paso Way is caused by the people who dod not want to obey
:he speed limit. The only way that is going to be controlled is to
lave adequate law enforcement. Keeping the raad closed is putting an
infair burden on the other streets in the area. If the people feel
;he road should be closed they should buy the county right-of Tway.
Page 13p.,
September 11, lg7g
79-
b
September 111 1979_ _ ____________
18. Richard Hardin. Mr. Hardin stated that he was an attorney
and had been retained by twenty some families who a e residents of El Paso
Way. He asked that El Paso Way be closed. The subject seems to be the
traffic problems in the north Chico area. The traffic problems on El
Paso Way are to be distinguished from the problems in the area.
A proportionate number of the cars using the street are speeders. With
an increase in traffic, there is an increase in accidents. The traffic
survey establishes that El Paso Way as a closed road carried 2,300 cars
per dal and El Paso carried the burden for the mobile home park and the
85 apartment units. White Avenue `.as a thrc~u6ki street had less vehicles.
The closure of E1 Paso Way is in the .best interest of the health, safety
and welfare of all taxpayers. E1 Paso Way was designed by~the developer
to be,access for the subdivision. and single family residents. Because
of the aesthetics, provided by the reverse curvative the users o£the
street would bepersons living in single family residences or returning
to their destination. Tn returningohome>'a personewouldcaexperience
a special feeling with the reverse curvation of the road. Contrary to
that is the situation where a person lives on East Lassen at the Joshua
Tree apartment. That person is on their way somewhere and is using the
road as a thoroughfare. The design of the road is not truly safe for a
person at 25 MPH to' negotiate some of the curves. In many points on the
road there is not 300 feet visability.`` You cannot see ader~uately to stop.
This is a residential area. There are automobiles parked along the
road. The safety factor on E1 Paso. Way is established., Mr. Hardin
left a.CHP pamphlet that recognizes the fact that there is a serious
traffic problem~on E1 Paso Way. There are an unreasonably high number
of accidents on the street for the number of cars traveling. In light
of these facts, it would be in the interest of safety that the Bca~d
finds El Paso Way is a winding road that results•in danger. White
Avenue was not designed as a thoroughfare. It may have the characteristics
where it can be used for a thoroughfare. The same is true of Tom Polk
and Burnap. They are relatively straight streets. The county with notice
of the fact .that the street is not designed for through traffice is liable
and responsible if anything occurs on the street-and are contributing to
the cause if the street in open. The Board can purchase safety without
any expenditure by keeping E1 Paso Way in a closed condition.
19. Winfried McGinn. Ms. McGinn stated that her mobile home
borders on White Avenue. She would like to lmow the count of El Paso
traffic before it was closed.
Bill Cheff, Public Works Department, stated that the traffic
count on July 17, 1978 for White Avenue was about 2,850 cars and for
E1 Paso Way, 2,300 cars. -The last count made by the committee showed
a higher count on E1 Paso Way. In 1877 there were 3,600 cars, on E1 Paso.
Ms. McGinn stated that the traffic has not been steed by
closing the street. The traffic is being routed tiit?ough the mobile home
park. Every area has their speeders. By closing a street or a gate
the speeders are not being eliminated because they are going to find
another street.
Hearing closed to the public and confined to the Board.
Supervisor Winston stated that Mr. Barriex talked about a
permanent advisory committee. El Paso Way was in existence prior to
~EQA. The first place the traffic problem should be considered is in
the circulation element of the General Plan. At a time when the people
~.re telling government they want no more laws and they are now talking
about another layer .of government in addition to the environmental
Page 131.
•. September 11, 1979
79-
a
- - - Sept~ember'll, 1g79
______________________________T---=~~_
process and in addition to the General Plan process. He stated that they
did not need another layer of government. Just recently in the development
of Paradise Pines and in consideration of the project the developers were
required to not only widen but realign sections of the Skyway. He did
not feel that they needed another committee. There is a problem in
south Oroville. rf the Board continues to close streets, the people of
Las Plumas Avenue have every right to demand that their street should
be closed. He lives in an area with a great many speeders. The problem
of speeders were stopped because he requested extra police surveillance.
He knew the CHP had a problem with staffing. He did not think that the
solution to the problem was in closing streets.
It was moved by Supervisor WYieeler, seconded by Supervisor Lemke
that the Board has considered the proposals as set forth by the North East
Traffic Committee as listed in the memo presented to the Board entitled,
"Recommendations on possible altexnatives to help solve traffic pxoblems in
the northeast area," asefollows:
1. The Board should take action in 30 days; accepting or rjecting these
recommendations; allowing time for the traffic study that is being
conducted by the citizens task force on September lgth. After the
study is completed, the committee to be directed to prepare a final
report and present it to the Board prior to final disposition of their
recommendations.
2. Staff (Publa.c Works Department) be directed to prepare a financial and
engineering report to the Board on items recommended by the committee.
3. Removal of barricades at the intersections of E1 Paso Way and Lassen
Avenue September ll, lg'79. Stipulating that the design and traffic
flow on El Paso Way be subject to continual .review by the Citizens
Task Force, Public Works anal the Board of Supervisors. final disposi-
tion of traffic flow in this area be reconsidered in 30 days after
the traffic study is completed.
4. Directive by the Board of Supervisors be sent to the Butte County
Seriff~s Office and CHP to increase patrols and enforcement of traffic
laws in the areas of White Avenue, E1 Paso Way, Pillsbury, East
Avenue and Lassen Avenue. Also law enforcement should be charged
with promoting a safety awareness program in this area. Further
that the City of Chico be invited to become an active part of this
committee.
Continue to pursue Caltrans participation and also for the citizens
committee to continue in an advisory capacity until this action is
resolved.
Supervisor Dolan felt there was enough enformation for her
to know about some of the recommendations. She would like Public Works
to consider the financial situation. She felt that the off ramps were
the solution. She felt that El Paso Way should be a deadend street.
She felt that the deexsion made on June 12, 1g79 was the correct one.
She felt the Sheriff, Fire Department and emergency personnel were aware
that the-street was closed. She had.some reservations about asking them
to do more in this area than they do in other areas. She felt that they
should consider an assessment district for a frontage road.
Vote on ~motos:
AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
NOES: Supervisor Dolan ~~
Motion carried.
~=i~~ _~a Page 132. September 11, 1979
79-
1497
September 11, 1978
RECESS:^ 4:45 p.m. - -
RECONVIIVE: 4:50 p.m.
CONTINUED HEARING: 1979-80 BUDGET AND REVENUE SHARING HEARING
The public hearing on the 197g- 0 budget and revenue sharing
hearing was held as continued.f
Hearing open to the public. Appearing: Judge Rutherford,
Chico Municipal Court. Judge Rutherford stated that she had three
requests. She requested the transition of two CETA employees and two
additional employees '~.andcthe~ Court Work Referral Program. The Judicial
Council has worked out a method of telling how many clerks are needed
for the workload. The amount for Chico Municipal Court is 13.68 clerks
or T3-2/3 clerks with the parking. They had eleven clerks for three years
and prior to that they had ten clerks. With the transition of the CETA
employees that were moved into permanent positions, it resulted in two
I:e¢supositions.° They are now to the level of 8-3/4 employees. .The parking
is being done by extra help and the purpose of extra help is not to fill
full time positions. She is asking for two more positions which would
bring the total up to 12-3/4. This year they took in about $480,000 which
is up $150,000 over the level o£ 1976-77. They have made significant
gains in the area of income. To bring in .a level of~income, there is
a need for clerks to handle warrants. Unless the warrants. are out on
the street the county will not get paid. There is a need for prompt
warrants. If they go down to the level of eight clerks they will have to
give up something. "The felonies they cannot-give up. The civil caseload
can not be dropped.. They are looking at dogs and parking will be done
with approximately three clerks in the traffic office where seven clerks
are needed. They will be on a voluntary pay basis. Campus parking should
be $60,000 and dogs and bikes should be $0,000. The Court brings in
$500,000 at a cost of $200,000.
Judge Rutherford stated that she would do without the two
additional positions. If the workload increases because of the increases
in law enforcement, she will be back before the Board asking for those .
positions. The price for the criminal justice system at both ends of
the ladder, law enforcement and the courts, mustebe~equa~-`c"Tf they are
not, it will result in a bottleneck.
Judge Rutherford stated that the Work Referral Program in 1978
had 1,032 people who-went through the program. The worked an average of
42.84 hours. They are supplying 22 full time employees for eit$er government
or non-profiit organization for a cost of under $1,000 per employee.
There were 50 percent who reported incomes of under $250 per month.
If they had converted all of those people to jail they would have had
10 people in jail-for 375 days at a price of $30 per"day. The program
gives. the Court an alternative for those people that can pay. It encourages
people to do other things with their time. They have saved enough money
so that they are funded through March, 1980. She requested that the
program be funded for the three additional months in the fiscal year.
All of the $500,000 does not come to the county. Judge Rutherford set
out where the money goes to.
Jim Johansen, auditor, stated that since the last budget session
ey have made progress in calculating the property taxes. They have
ceived a couple of small aditions to anticipated revenue. The
hedule A contract for last year was a refund of $23,000. They have
ceived word on the revenue sharing £unds~and have an additional $14,000.
ey are uncertain"about the 5B 325 local funds as yet. They are working
th the Administrative 0£f ice to eliminate as many uncertainties so the
Page 133-
September 11, 1979
79-
3
September 11, 1979
budget can be adopted. He was looping at the circumstances and it would
indicate that there be either additional funds or expenditures reduced
in order to fund the budget with implementation of salary increases and
CETA transitioning. They ,could be looking at any where from ~2 million
to $2-1/2 million they will have to find to fund the budget.
Supervisor Winston felt that the Administrative Officer should
be instructed to once more prepare a list of areas where in his opinion
within this budget the Board could reduce. These would be suggested
budget cuts to be considered by the Board. There is some where that
the Board has to reduce spending, start .using revenue sharing or refuse
to give the employees a raise.
Mr. Johansen stated that meeting the salary increases including
CETA transitioning.would be $1.8 million. There would also be an increase
of $81,000 in the increase of the Schedule A contract for the Fire Department.
The Board would reduce $24,000, refund on the fire contract, and $14,000
in additional revenue sharing funds. There is a potential of SB 325 funds
of X350,000. There is $500,000 as an additional amount that he would
suggeste be added to the reserve as a hedge against loss of revenue with
the incorporation of Paradise. If additional money is not included iri
the reserve for Paradise there could be an under realization and there
would be a real serious situation next year.
Clif Mickelson, administrative officer, stated that his office
could have some recommendations for the Board on September 18, 1979-
The hearing was continued to September 18, 1978 at 2:00 p.m.
1488
EXEOUTIVE SESSION: Tlie Board recessed at .5:20 p.m. to hold an executive
session regarding litigation.
RECONVENE: The Board reconvened at 5~~2 p.m. following.an executive session
regarding litigation. Noting to report.
9DDITIDNAL MATTER PRESENTED BY SUPERVISOR WINSTON
Supervisor Winston stated that he had received a call from
Ors. Peal who was opposdd to the opening of Tom Polk Avenue in Chico.
3ECESS: There being nothing further before the Board at this time, the
meeting was recessed at 553 p.m. to reconvene on Tuesday,
September 18y 1879 at g:00 a.m.
Page 134.
September 11, 1979