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HomeMy WebLinkAboutM111577November 15, 1977 STATE OF CALIFORNIA ) SS. COUNTY OF BUTTE ) The Board of Supervisors met at 9:00 a.m. pursuant to adjournment. Present: Supervisors Lemke, Madigan, Moseley, Winston and Chairman Richter. C1if Nickelson, Administrative Officer; Dan Blackstock, County Counsel and Clark A. Nelson, County Clerk by Cathy Pitts. Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Lemke 77-2197 APPROVAL OF MINUTES On motion of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, the minutes of November 8, 1977 were approved as mailed. 77-2198 COMMUNICAT-IONS .Toe Person Sr., Chico. Mr. Person submits his resignation as a member of the County Employment and Training'Advisory Council. v 3.S'~ Mr. Person withdrew his resignation. No action taken. Bertram F. Rudolph, ,Tr., Carmel. Mr. Rudolph writes concerning the re- //Z m o duction of minimum bids for unsold tax deeded parcels. Referred to Administrative Officer and Treasurer. Lillian Bright etal, Woodland Hi11s. Ms. Bright writes in opposition to '..113.0 O the David Nelson rezone which is set for hearing on the agenda. Referred to hearing later in the agenda. - Robert and Irma Woods, Pinole. The Woods appeal the Planning Commission's denial of rezoning for their property located on the east side '/(3.p o of Glen Drive, approximately 700 feet south of Glen Circle, Oroville. Set for hearing November 29, 1977 at 10:00 a.m. McCain Associates, Chico. The Engineers, on behalf of the North Valley Indian Health Center, appeal the condition that curb, gutter, sidewalks and half a street section be constructed in front of ~~3.o O their facilities located at 719 Yuba Avenue, Thermalito AP 31-237-08. Set for hearing November 29, 1977 at 10:5 a.m. Geddis, Driscoll and Associates, Oroville. The Engineers, on behalf of L. P. Corporon Condominimum, appeal conditions 2 and 4 on their ~/$.O Z- parcel map, AP 35-065-10. Set for hearing November 29, 1977 at 10:30 a.m. Tom Stefanick, Paradise. Mr, Stefanick submits a claim in the amount of $110.00 for damages sustained to his automobile at the corner of ~~0.2-$ Pentz and Bille Roads in Paradise. Referred to insurance committee. Pacific Telephone, Sacramento. The Firm submits a claim for damages in the estimated amount of $250 as result of a County owned backhoe ~ d p ,~,•p striking underground facilities on Pentz Road in Paradise. Referred to insurance committee. State Department of Benefit Payments. The Department submits information concerning the results they are achieving in holding down Welfare ~~ ~ O administrative costs. Referred to hearing later on the agenda. Page 72. November 15, 1977 November 15, 1977 Mr. and Mrs. Dan Cody, Forest Ranch. Mr. and Mrs. Cody files a petition for variance to provisions of Sections 19-10 and/or 19-12 of the Butte 1~3 •D'Z County Code for placement of a mobile home at P. 0. Box 158, Forest Ranch, AP 63-09-22. Set for hearing November 29, 1977 at 11:15 p.m. M. S. Martin, Foresthill. Mr. Martin, on behalf of Frank Pease, appeals decision of Advisory Agency that Ponderosa Way was an unapproved ((3 ,QS access for tentative parcel map. Set for hearing December 6, 1977 at I0:00 a.m. City of Chico. The City writes expressing a desire to schedule a joint meeting with the Board for the propose of reviewing the City and 113.E ~ Covnty General Plans. Administrative Officer to write letter asking what they have in mind. Ken Lo Bushman, Orangevale. Mr. Buschmann submits claim in the amount of $4,.500 for loss of income and personal injury as a result of /O O. 2 ~ being placed at Weimar. See ::motion ;fSllowirig communications. 77-2199 REFERRED CLAIM OF KEN L. BUSLIMAN TO COUNSEL TO COME BACK NEXT WEEK, NOVE~ffiER 2'2', 1977 .__. On motion of Supervisor Lemke, seconded by Supervisor Madigan a nd unanimously carried, the claim of Ken L. Bushman was referred to Counsel to report back next week, November 22, 1977. 77-2200 ADDITIONAL MATTER PRESENTED BY SUPERVISOR LEMKE Supervisor Lemke submitted the results of the District 5 Revenue Sharing hearing to be approved when the final public hearing is held. 77-2201 APPROVE GRANT APPLICATIONS - CETA YOUTH PROGRAM - ONE REQUESTING $330,284 TO SERVE 16 THROUGH 21 YEAR OLD HIGH SCHOOL DROP OUTS AND POTENTIAL DROP OUTS - ONE REQUESTING $64,709 FOR COMMUNITY CONSERVATION AND INlPROVII~2ENT ACTIVITIES FOR 16 THROUGH I9 YEAR OLDS WITH PR20RITY GIVEN TO 18 AND 19 YEAR OLDS On motion of Supervisor Moseley, seconded by Supervisor Lemke and unanimously carried, the following CETA Youth Program grant applications were approved and the Director authorized to sign: 1. Grant Application in the amount of $330,284 - serve 16 through 21 year old high school drop outs and potential drop outs •2. Grant Application in the amount of $64,709 - community conserva- tion and improvement activities for 16 through 19 year olds with priority given to 18 and 19 year olds. 77-2202 AUTHORIZE NOTICE OF INTENT TO PARTICIPATE IN CSAC COST CONTROL SERVICES - UNEMPLOYMENT INSURANCE SERVICES AGREEMENT THROUGH REED, ROBERTS ASSOCIATES WITH THE COST TO BE APPROX. $2,000 FOR REMAINDER OF FISCAL YEAR It was moved by Supervisor Madigan, seconded by Supervisor Lemke that a notice of intent to participate in the CSAC cost control services was authorized. Jim Rackerby, Personnel Director, stated that the law-.which will go_into-ef£ectiJanuary 1,,,1978 covers County :employees. _°The2County has a work;fozce ofe.extra help. If the County is going into the cost area there has to be a look at the attitude of the supervisory people. The County has had employees who were eligible for supplemental benefits. The claims have not been challenged. There should be someone to come in with the experience to take a look at the system the County has. We should bring about a change in supervisory and management attitudes. Some type of cost control should be established. Page 73. November 15, 1977 November 15, 1977 Chairman &i:chter stated that there should be procedures drawn up to make sure that a termination because of not performing a job would be able to stand up. Mr. Rackerby stated that the money would be used to get someone in to help set up the procedures. Limited term employment could cost the County money. Mr. Rackerby stated that the County is going to have to fight claims that are made for unemployment. Vote on motion: AYES: Supervisors Lemke, Madigan, Moseley, Winston and Chairman Richter Motion carries. 77-2203 APPROVE ANNUAL CONTRACTS FOR COUNTY ADVERTISING WITH THE OROVILLE, GRIDLEY AND PARADISE CHAMBERS OF COMMERCE Chairman Richter stated that these contracts are subsidies. The Chico Chamber of Commerce is not getting this subsidy. Chairman Richter stated that he did not think that the Chamber of Commerce could do the proper kind of job when the Government is paying them for existing. Supervisor Winston stated that the Chambers of Commerce have hundreds of inquiries regarding the County. Supervisor Winston stated that if the County were to have this type of program it would cost more money than by giving the contract to the Chambers of Commerce. On motion of Supervisor Winston, seconded by Supervisor Lemke and carried, the following annual contracts for County advertising was approved: Oroville Chamber of Commerce Gridley Chamber of Commerce Paradise Chamber of Commerce AYES: Supervisors Lemke, Madigan, Moseley and Winston NOES: Chairman Richter 77-2204 ADOPT RESOLUTION 77-181: ESTABLIS"tIING THE FINAL BUDGET FOR THE ADMINISTRATION BUILDING PR0.7ECT IN THE AMOUNT OF $2,792,445 AS REQUIRED BY EDA On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, Resolution 77-181 establishing the final budget for the Administration Building Project in the amount of $2,792,445 as required by IDA was adopted and the Chairman authorized to sign. 77-2205 AUTHORIZE DISCHARGE FROM ACCOUNTABILITY - OROVILLE NSTICE COURT On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, discharge from accountability for collection of assessment, penalty or cost involving seventy-two cases amounting to $10,708 for Oroville Justice Court was authorized, AYES: Supervisors Lemke, Moseley, and Winston. NOES: Supervisor Madigan and Chairman Richter. i 77-2206 APPROVE BUDGET TRANSFER On motion of Supervisor Madigan, seconded by Supervisor Winston and unanimously carried, the following budget transfer was approved: Page 74. November l5, 1977 November 15, 1977 B~54 Public Works - Transuortation Svstems. Within the professional and specialized services account establishes a $43,600 appropriation for the City of Chico portion of the expenses of the Chico Clipper as presented by the City of Chico on August 1, 1977. 77-2207 PUBLIC HEARING.: PAUL A. RENE' - PETITION FOR VARIANCE TO PROVISIONS OF SECTION 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACE'~ENT OF A MOBILE HOME ON AP 55-17-20 5075 EDEN ROAD PARADISE The public hearing on the Paul A. Rene' petition for variance to provisions of Section 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 55-17-20, 5075 Eden Road, Paradise was held as advertised. Howard Toussaint, Sanitarian, stated the petition was in order. Hearing open to the public. Appearing: Mrs. Rene'. Mrs. Rene' stated that the petition was applied for so that her husband's parents could reside with them. Mr. Rene's father is not well. Hearing closed to the public and confined to the Board. On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, the petition for variance to provisions of Section 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 55-17-20, 5075 Eden Road, Paradise for Paul A. Rene' was approved for a period of one year. 77-2208 PUBLIC HEARING: ROBERT R. UNDERHILL - PETITION FOR VARIANCE TO SECTION 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PIACEMENT OF A MOBILE HOME AT 8025 CRIER ROAD. OROVILLE, AP 27-28-30. The public hearing for Robert R. Underhill getition for variance to Section 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at 8025 Grier Road, Oroville, AP 27-28-30 was held as advertised. Howard Toussaint, Sanitarian, stated that the getition was in order. Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, the petition for variance to provisions of Section 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at 8025 Grier Road, Oroville, AP 27-28-30 for Robert R. Underhill was approved for a period of one year. 77-2209 PUBLIC HEARING: CRAIG-MOORETOWN RIDGE TAXPAYERS`' ASSOCIATION, INC. - APPEAL OF DRAFT EIR ON REZONE FROM "A-2" TO "FHRR-2" AND "TM-5", TM-10", "TM-20" AND "C-1" FOR PROPERTY LOCATED BETWEEN MIDDLE FORK AND SOUTH FORK OF THE FEATHER RIVER, EAST OF CRAIG RRRCREATION AREA AND '.BEST OF FEATHER FALLS ZONE, (DOES NOT INCLUDE FEATHER FALLS VILLAGE) AND EXCLUDING ALL FEDERAL AND STATE LAND, AP 71'03 THROUGH 36, VARIOUS, CONTAINING 7040 ACRES, MORE OR LESS. WEST OF FEATHER FALLS The public hearing on the Craig-Mooretown Ridge Taxpayers' Association, Inc. appeal of draft EIR on rezone from "A-2" to "FHRR-2" and "TM-5", "TM-10", "TM-20" and "C-1" for property located between Middle Fork and South Fork of the Feather River, east of Craig Recreation area and west of Feather Falls zone, (does not include Feather Falls Village) and excluding all Federal and State land, AP 71-03 through 36, various, containing 7040 acres, more or less, west of Feather Falls was held as advertised. Earl Nelson, Environmental Review Director, set out the ba.ekground for the requirement of an EIR. The zoning would allow the creation of 1,000 garcels Page 75. November 15, 1977 November 15, 1977 over and above the present number of parcels. Mr. Nelson stated that he did not feel a negative declaration was warranted, If the zoning request would permit divisions of up to fifty or more then a negative declaration could be considered. Hearing open to the public. Appearing: 1. Bob Byus,s representing Craig-Mooretown Taxpayers' Association. Mr. Byus.s stated that the cause for seeking zoning was that in 1973 an interim zone was placed on the area. The zoning was not what the people wanted and was detrimental to the land and the use the land was intended for. The Planning Commission enjoined the people to establish a zoning proposal. 2. Bruno Wocjik, representing Craig-Mooretown Taxpayers' Association. Mr. Wocjik stated that the Association is a registered non-profit tax exempt incorporation. Mr. Wocjik stated that the petition was signed by 70 percent of the land owners and over 70 percent of the. land area. There is 5,200 acres out of 7,000 acres represented. Mr. Wocjik set out the background of the zoning request. Mr. Wocjik stated that there are a total of 613 parcels in the Craig-Mooretown Ridge area. About 300 of those parcels are five acres..rThere are 422 parcels that are five acres or less. Mr. Wocjik set out what would happen if the lots were split four times. Mr. Wocjik stated that the Craig-Mooretown Ridge Taxpayers' Association is one of the largest contributors to thevolunteer fire department. Mr. Wocjik stated that the average elevation of the area is 1,500 to maybe 2,000 feet. The average slopes are 10 and 15 percent. The soils is decomposed granite. The General Plan 'shows the area::as mo'stly~grazing, with one to five acre dwelling units. FHRR-2 will have less impact on the area than the present A-2 zoning.The impact on the road is discussed. Road improvements will be required regardless of the zoning. The soil being decomposed granite has a high permeability rate for septic tanks. Mr. Wocjik stated that on the basis of these facts he does not see where an EIR is required. Mr. Wocjik stated that he would like to see the Board waive the requirement for an EIR. There have been two EIRs done in the area already. The zoning asked for is far more restrictive than the present zoning. Hearing closed to the public and confined to the Board. Supervisor Winston stated that the property is in his district and that the land is decomposed granit. The need for an EIR on this rezone is exemplified only if the A-2 zoning were to remain. The request for the rezoning does not mean that a subdivision is going to be approved. The Environmental Review Director stated that no project is most undesirable. Earl Nelson, Environmental Review Director, stated that he has reviewed the two EIRs that have been made for the area. They were written a few years ago and do not address all the concerns on the checklist. Mr. Nelson stated that Counsel had informed him that because the zoning is more restrictive this does not always mean a negative declaration is warranted. Del Siemsen, deputy County Counsel, stated that even though the zoning is more restrictive there could be impacts on the environment. Mr. Nelson stated that the Board might consider using the Swaton ETR and combining it with the checklist to make the EIR for the area. Page 76. November 15, 1977 November 15, 1977 It was moved by Supervisor Winston, seconded by Supervisor Moseley that the Board upholds the appeal of the Craig-Mooretown Ridge relating to the need for an EIR based on the fact that the impact o£ the proposed rezone when considered in light of the existing zoning could not in fact create a significant environmental affect and accept for informative purposes the EIR prepared in February 1974 by the Butte County Planning Department and the EIR prepared in June 1974 for Harvey Swaton. Chairman Richter stated that he would like to have the Board use the EIRs discussed and instruct the Environmental Review Director to use/~h'em-~ and come back Yaith an update and present that to the Board as thA ETR. Supervisor Winston withdrew his motion at this time. On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, the Craig-Mooretown Ridge appeal was upheld and that a negative declaration is recommended based upon the opinion that the impact of the proposed rezone considered in light of the existing zone is negligible. AYES: Supervisors Lemke, Madigan, Moseley and Winston. NOES: Chairman Richter. RECESS: 10:35 a.m. RECONVENE: 10:40 a.m. 77-2210 PUBLIC HEARING: ROBERT S. JACOBSEN - NEGATIVE -ECLARATION AND USE PERMIT TO ALLOW A DUPLEX ON PROPERTY ZONED "A-R" (AGRICULTURAL-RESIDENTIAL) LOCATED APPROX. 600 FT. .SOUTH OF ROE ROAD, APPROX. 335 FT. WEST OF WILSON LANE IBENTIFIED AS AP 55-04-04, PARADISE The public hearing on the Robert S. Jacobsen negative declaration and use permit to allow a duplex on property zoned "A-R" (agricultural- residential) located approximately 600 feet south of Roe Road, approximately 335 feet west of Wilson Lane, identified as AP 55-04-04, Paradise was held as advertised. Hearing on the negative declaration open to the public. Appearing: 1. Mr. Graves, 5554 Wilson Lane. Mr. Graves stated that he felt that there sould be an EIR. There is an existing private road that is dirt and gravel. There are 15 families living off the road. 2, Bob Jacobsen. Mr. Jacobsen stated that he•~iri~ends to convert the existing dwelling onto a hobby room and then build a duplex. Hearing closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, the proposed project could not have a significant effect on the environment, and a negative declaration was accepted. Hearing on the use permit open to the public. Appearing: 1. Walter Barber, 5595 Wilson Lane. Mr. Barber stated that he objected to a duplex in the neighborhood. The present right-of-way for the road is only 20 feet. There was a petition of 27 people in the area against the duplex. 2. Bob Jacobsen. Mr. Jacobsen stated that he was requesting the duplex so that his parents could live in one side and his family in the other. Page 77. November 15, 1977 November 15, 1977 There is~5.39 acres which would allow more than adequate room. Mr. Jacobsen stated that the house to be converted into a bobby room would not be livable. The kitchen items will be removed from the building. 3. Mr. Graves, 555~r Wilson Lane. Mr. Graves stated that he did not object to the fact that Mr. Jacobsen wanted to take care of his parents. Mr. Graves stated that he did not like the idea of having a duplex in the neighborhood. Hearing closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, the use permit was approved with the findings that the proposed uses of the property will not impair the integrity and character of the zone in which the land lies and that the use would not be unreasonably incompatible with, or 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; subject to the following conditions: 1. Provide two off-street parking spaces (10' x 20') per dwelling unit-- total of four to be designed in accordance with attached design criteria. 2. Verify legal parcel and legal access. 3. Submit driveway and drainage plans to Department of Public Works for approval and install required facilities. 4. Necessary sail tests be made in accordance with Health Department standards and Health Department requirements prior to installation of septic tank and outside waste disposal. 5. The existing structure on the property be rendered unusable as a residence as soon as the new dwelling units are completed. Applicant must also comply with all other applicable State and local ,vstatutes, ordinances and regulations.. 77-2211 PUBLIC HEARING: GORDON D. ANDERSON, M.D. - NEGATIVE DECLARATION AND USE PERl~T TO ALLOW A DOCTOR'S OFFICE ON PROPERTY ZONED "A-2 LTD" LOCATED ON THE NORTH SIDE OF PEARSON ROAD, APPROX. 600 FT. EAST OF LIBBY ROAD, IDENTIFIID AS AP 54-152-26 PARADISE The public hearing on the Gordon D. Anderson, M.A. negative declaration and use permit to allow a doctor's office on property zoned "A-2 Ltd" located on the north side of Pearson Road, approximately 600 feet east of Libby Road, identified as AP 54-152-26, Paradise was held as advertised. 'Hearing on the negative declaration open to the public.. Appearing: 1. Carl Axthelm. Mr. Axthelm stated that Foland Road was a private road. Mr. Axthelm stated that there should be no problem with the parking. Hearing on the negative declaration closed to the public and confined to the Board. Page 78, November 15, 1977 November 15, 1977 On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, 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 measures described below have been added to the project and a negative declaration is recommended: 1. Railing or a similar structure shall be installed along Foland Road near the proposed office area to prohibit the backing of cars onto the road. 2. The front yard foliage at the corner of Pearson Road and Foland Road shall be trimmed periodically to provide adequate sight distance for cars. Hearing on the use permit open to the public. Appearing: 1. Phil Mace, Attorney representing Dr. Anderson. Mr. Mace stated that it was his understanding that the appeal is because of the parking situation. The Doctor is willing to create at least seven off- street parking spaces. There will be no parking required on Foland Road. Dr. Anderson has not constructed the parking spaces at this time. 2. R. T. Rundle. Mr. Rundle stated that the applicant's home is facing Pearson Road. The Doctor has been using his home as an office for several weeks and this has created a traffic and parking problem. Mr. Rundle presented the Board with a photo taken of Foland Road on November 10, 1977. 3. Dr-. Anderson. Dr. Anderson stated that there is room for five cars. The cars will not be parked on the street. 4. Carl Hedquist. Mr. Hedquist stated that there is a petition that has been sent to the Board with l7 names on it that object to a doctor's office being installed. This is mostly because of the parking problem. Foland Road is a narrow private road. 5. Dorothy Shulais. Ms. Shulais stated that she wassliappy that there was anothe~r~c~octor-.n:~Bar~.dise. b. Bertha Gollona. Ms. Collona stated that she would appreciate it if the parking off the Pearson Road entrance. 7. Vida Fullaw. Ms. Fullaw stated that she has never seen a parking problem on Foland Road. Hearing closed to the public and confined to the Board. On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the use permit was approved with the following conditions: 1. Doctor provide 10 off-street parking spaces. 2. The practice remain a single doctor practice. 3. Railing or a similar structure shall be installed along Foland Road near the proposed office area to prohibit the backing of cars onto the road. 4. The front yard foliage at the corner of Pearson Road and Foland Road shall be trimmed periodically'to''provide adequate sight distance for cars. Page 79. November 15, 1977 November 15, 1977 5.u Provide a minimum of-10 off-street parking spaced (10' x 20' each) designed in accordance with attached standards. Two for residence and Bight for medical office. 6. Deed 40 ft. right-of-way to County of Butte measured from the center- line of Pearson Road. 7. Maintain the road adjacent to his property equivalent or better. than the other road maintenance along Poland Road. 8. Erect signs to direct patients off Poland Road to the parking area. Applicant must also comply with all other applicable State and local Statutes, ordinances and regulations. 77-2212 ADOPT ORDINANCE 1881: PUBLIC HEARING: RAY DELZELL - NEGATIVE DECLARATION AIQD REZONE FROM "SR-1" (SUBURBAN RESIDENTIAL, ONE ACRE LOTS) TO "C-1" (LIGHT COMNFERCIAL) PROPERTY LOCATED ON THE NORTHWEST CORNER OF MUIR AVENUE AND STATE HIGHWAY 32, IDENTIFIED AS AP 42-30-18, CONTAINING 1.10 ACRES, MORE OR LESS. CHICO The public hearing on the Ray Delzell negative declaration and rezone from "SR-1" (suburban residential, one acre lots) to "C-1" (light commercial) property located on the northwest corner of Muir Avenue and State Highway 32, identified as AP 42-30-18, containing 1.10 acres, more or less, Chico was held as advertised. Hearing on the negative declaration open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, the proposed project could not have a significant effect on the environment, and a negative declaration was accepted. Hearing on the rezone open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the rezone from "SR-1" to "C-1" was approved with the findings that it is consistent with the General Plan; Ordinance 1881 was adopted and the Chairman authorized to sign. 77-2213 ADOPT ORDINANCE 1882: PUBLIC HEARING: GARY GRIGG - NEGATIVE DECLARATION AND REZONE FROM "SR-1" (SUBURBAN RESIDENTIAL, ONE ACRE PARCELS) TO "M-1" (LIGHT INDUSTRIAL) PROPERTY LOCATID ON THE NORTH SIDE OF MUIR AVENUE, APPROX. 750 FEET WEST OF MUIR AVENUE, IDENTIrIID AS AP 42-30-04, CONTAINING 1.0 ACRES, MORE OR LES_S_ CHICO The public hearing on the Gary Grigg negative declaration and rezone from "SR-1" (suburban residential, one acre parcels) to "M-1" (light industrial) property located on the north side of Muir Avenue, approximately 750 feet west of Muir Avenue, identified as AP 42-30-04, containing l.0 acres, more or less, Chico mas held as advertised. No one. Hearing on the negative declaration open to the public.- Appearing: Page 80. November 15, 1977 November 15, 1977 Hearing closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the proposed project could not have a significant effect on the environment, and a negative declaration was accepted. Hearing on the rezone open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Madigan and unanimously carried, the rezone from "SR-1" to "M-1" was approved; with the findings that the rezone is consistent with the General Plan and does not encroach on agriculture land; Ordinance 1882 was adopted and the Chairman authorized to sign. 77-2214 ADOPT ORDINANCE 1883 AND 1884: PUBLIC HEARING: DAVID NELSON, ET AL NEGATIVE DECLARATION AND REZONE FROM "A-R" (AGRICULTURAL-RESIDENTIAL)TO "R-1" (SINGLE FAMILY RESIDEtiITIAL) AND "SR-1" (SUBURBAN RESIDENTIAL, ONE ACRE PARCELS) PROPERTY LOCATED ON BOTH SIDES OF PENTZ-MAGALIA HIGHWAY SOUTH OF PEARSON ROAD AND FEATHER RIVER PLACE PARADISE The public hearing on the David Nelson, et al negative declaration and rezone from "A-R" (agricultural-residential) to "R-1" (single family residential) and "SR-1" (suburban residential, one acre parcels) property located on both sides of Pentz Magalia Highway south of Pearson Road and Feather River Place, Paradise was held as advertised. Hearing on the negative declaration open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Moseley, seconded by Supervisor Lemke and unanimously carried, the proposed project could not have a significant effect on the environment, and a negative declaration was recommended. Hearing on the rezone open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Lemke, .seconded by Supervisor Madigan and unanimously carried, in view of the fact that a negative declaration was adopted the rezone from "A-R" to "R-I" and "SR-1" was approved with the findings that the rezone is in conformance with the General Plan; the following Ordinances were adopted and the Chairman authorized to sign: Ordinance 1883 - "R-1" {Single family residential) Ordinance 18$4 - "SR-1" {Suburban residential, one acre parcels) 77-2215 APPEAR.9NCE: REPRES$NTATIVES OF CHICO CITY COUNCIL RE: CHICO-COUNTY LIBRARY SITE Marty Worley, Chico City Council, read a letter signed by the Mayor of Cnico. The City Council recommended two sites for consideration by the Board: 1. The block bounded by East 4th, Wa11, East 5th and Flume Streets, with the City participating in acquisition costs if in excess of the funds allocated for the land acquisition of the East 1st Avenue site. Page 81. November 15, 1977 November 15, 1977 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2. A portion of Bidwell Park across from the CARD center subject to public hearing and review by the Bidwell Park and Playground Commission. Ms. Worley stated that the Council considered a total of 18 sites and feels that one of the above mentioned sites would be the best location for the library site. Ms. Worley stated that there are two reasons why the Council feels that the library should not be at the East 1st Avenue site. There is a traffic .problem as this is a two-lane road. It should be in an area that is more accessible to the urban area and closer to the other services. There should be accessiblity for walking to the library. The size of the lot between 4th and 5th Streets is about two acres and the Bidwell area is about three acres. The Council will pick up the difference in the acquisition price if the amount is not excessive. ... _., ::--Martin Jefferies, Chico City Council, stated that the Park site was a unanimous vote by the Council. This site would be a great savings to the taxpayers. The lease is $1 per year. Ms. Worley stated that this site would have to be subject to public hearing. Chairman Richter stated that the City would have to hold hearings to find out if the people are willing to allow the park to be used for a library. Vice Mayor Jim Evans stated that he supported the Park site as well as the rest of the Council. There is no parking problem. It would be a better location for pedestrian and bicycle traffic. Gerda Lydon, Chico Firends of the Butte County Library, submitted a survey that was taken at the library. Ms. Lydon stated that the East First Avenue site was favored in the survey. The survey measured the sentiments of the people using the facility. Supervisor Winston stated that he had a policy statement from the League of Women Voters regarding the Bidwell Park. There should be no new development in the southern part of the Park. Supervisor Winston stated that it seems that there will be opposition to the Park site. Maxine McCulloch stated that the last meeting of the Advisory Committee favored the site at Palmetto. This site is available. Supervisor Madigan stated that there should be a clarification that if the site on 4th and 5th Streets is acceptable will the City pay the difference between the County cost and the cost of the property. Mrs. Terry, Librarian, stated that the Board should consider the parking. The 5120 of the parcel should be considered so that ample parking will be available. Mrs. Terry stated that she still favored the East First avenue site because of the size of the parcel and the parking. If the Park site has the adequacy, the Board should consider it. Mrs. Terry stated that she has some reservations about the downtown site. Mrs. Terry stated That the parking spaces at the Oroville Library are minimum and there is a problem with curbs and traffic at the site. On motion. of Supervisor Lemke, seconded by Supervisor Moseley and unanimously carried, the City of Chico was given time to make a study for the library site. Page 82. November-15, 1977 November 15, 1977 RECESS: 12:10 p.m. RECONVENE: 12:20 p.m. 77-2216 D25CUSSTON:'AMENDING ORDINANCES TO CORRECT CLERICAL ERROR WHICH INCLUDED LOT 587, FIR HAVEN SUBDIVISION, PARADISE IN THE A-2 LTA. ZONING DISTRICT ORDINANCE ADOPTED ON SEPTEMBER 16 1975. The discussion of amending ordinances to correct clerical error which included lot 587, Fir Haven Subdivision, Paradise in the A-2 Ltd. zoning district ordinance adopted on September 16, 1975 held at this time. Dan Blackstock, County Counsel., stated that Mr. Siemsen and Mr. Grubbs listened to the tape of the meeting and reviewed the material presented to the Board. From Mr. Siemsen's determination there was no error in the boundaxy. Supervisor Cameron asked that the boundaries be drawn. Mx. Grubbs, 79 Cedarlake Drive, set out what the minutes of September 16, 1975 contained. The change was to include lots 588 and 589. Lot 587 was not mentioned. The zoning map used at that time was not a current map and it did not show. Maybe that could have been a factor in the error. The matter is continued to later in the meeting.. 77-2217 AUTHORIZE COUNTY COUNSEL TO DEMAND STATE MATCHING FUNDS FOR THE 76-77 DEFICIT - WELFARE PROGRAMS - AND AUTHORIZE WIiATEVER ADDITIONAL ACTIONS ARE NECESSARY TO ASSURE FULL REIMBURSEMENT FROM STATE DEPARTMENT OF BENEFIT PAYMENTS On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, County Counsel was instructed to demand State matching funds for the 76-77 deficit, welfare programs, and authorized whatever additional actions are necessary to assure full reimbursement from State Department of Benefit Payments regarding surplus of state funds. 77-2218 ACCEPT ANALYSIS, AUTHORIZE PLANS AND SPECIFICATIONS FOR PROVIDING INSUL"ATION IN CEILING: AUTHORIZE FRONT DOOR MODIFICATION - PARADISE LIBRARY Clay Castleberry, Public Works Director, stated that the analysis by Bob Feldman, P.G.&E. has been completed and gave six or nine alternatives. Mr. Castleberry stated that the ceilings should be insulated, heat pumps should be installed, and doors like those in the Oroville building should be installed. The cost would be about $19,750. On motion of Supervisor Lemke, .seconded by Supervisor Winston and unanimously carried, the analysis was accepted; the plans and specifications for providing insulation in the ceiling was authorized; the front door modification was authorized for the Paradise Library in the amount of $19,750. 77-2219 APPROVE PLANS AND SPECTFTCATTONS - CUSSICR AVENUE STORM DRAINAGE - REVENUE SHARING COMMUNITY DEVELOPMENT FUND On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, the plans and specifications for the Cussick Avenue Stoxvi Drainage from Ret!enue sharing Community Development Fund were approved with Public Works to bring back the bids at a latex time. Page 83. November 15, 1977 November 15, 1977 ~7-222b ACCEPT PEBBLEWOOD PINES FINAL MAPfFOR RECORDATION On motion of Supervisor Ldinston, seconded by Supervisor Madigan and unanimously caxried, Pabblewood Pines final map was accepted fox recordation. 77-2221 DISCUSSION: CU~3~'JLATIVE ENVIRONMENTAL IMPACTS The committee to study the cumulative environmental impacts have not met as yet. The committee is to consist of Supervisor Winston, Chairman Richter, County Counsel, Public Works and the Environmental Review Director. The meeting will be held on November 18, 1977 at 4:00 p.m. in the Public Works Department. Matter continued until after the meeting. 77-2222 AUTHORIZE ISSUANCE OF PERMIT AND PROCESSING OF ABt1NDONMENT ON GLEN DRIVE, OROVILLE. Clay Castleberry, Public. Works Director, stated that east of Oroville on Ghn Drive a road was relocated. The old road has not been abandoned. Mr. Castleberry stated that he would like to issue a permit and have the road abaondoned. On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, Public Works was authorized to process the permit and then make abandonment of the road that had been relocated. 77-2223 ADDITIONAL MATTER PRESENTID BY PUBLIC WORKS -=~ Mr. Castleberry stated that Mr. Craigton has a conditional Certificate of Compliance. Mr. Craigton cannot meet the requirements of the conditional Certificate. The staff cannot issue a notice of compliance. Matter discussed; no action taken. 77-2224 PUBLIC HEARING DATES SET: The following hearing dates were set: 1. A public hearing date of November 29, 1977 at 10:45 a.m. was set for consideration of extension of Interim A-160 (agricultural, 160 acre parcels) and Interim A-5 (agricultural, 5 acre parcels) property surrounding and including Meridian-Munjar area, Chico. ', 2. A public hearing date of December 6, 1977 at 9:45 a.m. was set for consideration of a negative declaration for the Reconstruction of Skyway from Woodward Avenue to Steiffer Road project. 77-2225 CONTINUED DISCUSSION: AMENDING ORDINANCES TO CORRECT CLERICAL ERROR WHICH INCLUDID LOT 587, FIR HAVEN SUBDIVISION, PARADISE IN THE A-2 LTD. ZONING DISTRICT ORDINANCE ADOPTID ON SEPTE~?BER 16 1975 The continued discussion of amending ordinances to correct a clerical error which included lot 587, Fir Haven Subdivision, Paradise in the A-2 Ltd. zoning district ordinance adopted on September 16, 1975 was held at this time. Del Siemsen, deputy County Counsel, stated that he and Mx. Grubbs listened to the tape of the meeting. Mr. Siemsen set out the motion as made. Mr. Lawson was instructed to draw the outline of the area to be zoned. This includes lot 587. Mr. Grubbs stated that he owns the adjacent property. Mr. Grubbs would like to have lot :`~7_,taken out of the zoning. Page 84. November 15, 1977 November l5, 1977 Chairman~Richter stated that since Mr. Grubbs did not own lot 587 and Counsel stated that there was no error the property should remain as it is. 77-2226 WAIVE FIRST READING: ORDINANCE. AMENDING SECTION 31-7.5(d) OF THE BUTTE COUNTX CODE DEALING WITH REFUSE COLLECTION AND REMOVAL On motion of Supervisor Madigan, seconded by Supervisor Moseley and unanimously carried, the first reading of the ordinance amending Section 31-7.5(d) of the Butte County Code dealing with refuse collection and removal was waived. 77-2227 APPOINTMENTS TO CITIZENS ADVISORY TASK FORCE FOR THE BUTTE COUNTY GII3ERAL PLAN HOUSING ELEMENT UPDATE On motion of Supervisor Lemke, seconded by Supervisor Madigan and unanimously carried, the following were appointed members to the Citizens Advisory Taslc Force for the Butte County General Plan Housing Element Update: Joe Person Mary Watters _ 77-2228APPOINTMENT TO THE CETA YOUTH COUNCIL _ On motion of Supervisor Lemke, seconded by Supervisor Winston and unanimously carried, Earl T. McGie was appointed a member to the CETA Youth Council. 77-2229 ADOPT POLICY AND PROCEDURE MANUAL SECTION 23,0 On motion of Supervisor Winston, seconded by Supervisor Lemke and unanimously carried, Section 23.0 of the Policy and Procedure Manual was adopted. '~'-~~1 77-2230 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Madigan stated that an alternate to the CCCJ should be appointed. Supervisor Winston appointed as alternate to the CCCJ. Supervisor Madigan stated that Judge Houghton is concerned regarding the lock-up system at the mental health facility. Chairman Richter stated that the County has a voluntary facility. The Administrative Office to set up a meeting with the Judge, Dr.. Maguire, Dr. Svihus, Counsel and Supervisor Madigan and Chairman Richter. EXECUTIVE SESSION: The Board recessed at 1:05 p.m, for a Executive Session to discuss litigation. RECONVENE: The Board reconvened at 1:x+7 p.m. following an Executive Session to discuss litigation. Counsel was instructed as to how to proceed in the Lake Madrone matter. Supervisor Winston was chosen to represent the Board at the settlement conference regarding Louisiana Pacific. The Board also met on a Personnel matter. ADJOURNMEIV'P There being nothing further before the Board at this time, the meeting was adjourned at 1:50 p.m. to reconvene on Tuesday, November 22, 1977 at 9:00 a.m. ATTEST: GLARIL A, NELSON, COUNTY CLERK By (X~-fr c-C ~~-~ta~-/ i~~~C~J ~Gs~~i~ Chairman, Board of Supervisors Page 85. November 15, 1977