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HomeMy WebLinkAboutM121680~~. ,j 16, 1980 STATE OF CALIFORNIA ) ~I SS. i COUNTY OF BUTTE ) gp~ The Board of Supervisor's met at 9:00 a.m. pursuant to adjournmffint. b Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke. Clif Nickelson, administrative officer; Dan Blackstock, county counsel; . and Clark A, Nelson, county clerkirecorder, by Nancy Wilson, deputy clerk. Pledge of Allegiance to the Flag of the United States of America Invocation by Supervisor Moseley '1922 PPROVAL OF MINUTES On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, the minutes of December 9, 1980 were approved as mailed. 1923 AIVE SECOND READING AND ADOPT 0 INANCE 2172-SALARY AMENDMENT IN PUBLIC WORKS ND ADD CRISIS POSITIONS IN MENTAL HEALTH AND TO PROVIDE FOR FLEXIBLE HIRING N NURSING SERIES On motion of Supervisorpolan, seconded by Supervisor Moseley and nanimously carried, the second reading of salary ordinance amendment to odify several positions in Publie Works Department and to add crisis positions 'n Mental Health and provide for some flexible hiring in the nursing series as waived; Ordinance 2172 was adopted and the Chairman authorized to sign. '.1924 DOPT RESOLUTION 80-262 MAKING CHANGE TO PERSONNEL RULES On motion of Supervisorpolan, seconded by Supervisor Wheeler and nanimously carried, Resolution 80-262 amending the Personnel Rules to permit he community member of Personnel'iAppeals Commission to have an alternate eftber was adopted and the Chairman authorized to sign. ,.1925 PPOINTMENT TO PERSONNEL APPEALS COMMISSION On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, Steve H 'e11, attorney, appointment:~u as the lternatefor the community member of the Personnel Appeals Commission was 1926 WARD CETA YCCIP GRANT TO BUTTE COUNTY HOUSING AUTHORITY Jim Rackerby, personnel director, set out the background regarding he CETA Youth Community Conservation and Improvement Project grant. He ad submitted a memo to the Board regarding the award of agreement. Two roposals were submitted. CETAC lot having the.nec:essary eight votes in avor forwarded a summary to the Board. The CHTP proposal had indicated work 'n the Chico area. Housing Authority planned to work throughout the county. Chairman Lemke indicated he was not present at the CETAC meeting, his vote would have been for the Housing Authority. Fran Wagstaff, CHIP, Chico. Mrs.. Wagstaff stated they would be ing with 16 to 19 year olds afid they felt it was necessary to have two rvisors. They were trying tollink the educational class with the program, wanted the program to benefit the community and the participants. They d be very little skilled individuals. She was concerned about transportation vehicles if they provided service throughout the county. Mr. Bollings, Butte County Housing Authority. Mr. Hollings stated n their application they addressed both issues of Public Works and housing ehabilitation. They would operate throughout the county. Transportation is vailable. There was a motion by Supervisor Winston,~seconded by Supervisor eley, the proposal of the Bute County Housing Authority for the CETA Page 449. December lb, 1980 Dece be r_ 16, 1980 _ _ _ _ _ Youth Community Conservation and~Improvement Project grant be accepted; the Personnel Director authorized to negotiate a contract to the maximum available funds and sign subgrani subject to approval by County Counsel and County Auditor, 80- 3 Supervisor Dolan stated she felt the Board should support the CHIP proposal. .She"felt the classes would be helpful and housing rehab- . ilitation is more important than a Public.Works project and they should support CHIP. Vote on motion: AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisor Dolan. Motion carried. 1927 AUTHORIZE PERSONNEL DIRECTOR TO iORWARD CETA FOURTH QUARTER ASSESSMENT REPORT TO AEPARTMENT OF LABOR On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, the Personnel Director to forward-CETA fourth quarter assessment report to Department if Labor was authorized. 192 AUTHORIZE PERSONNEL DIRECTOR TO IUBMIT CETA STAFF RESPONSE TO STATE CETA OFFICE On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, the Personnel Director to submit`CETA staff response to the state GETA Office was authorized. Supervisor Wheeler statted what a fine job.Mr. Emmett Pogue and Mrso Sherry Young have done on the report. It is an indication of why they have such a great program. Supervisor-Dolan stated she appreciated the memos. 192 DISCUSSION: CETA PROGRAMS IN THE FUTURE Jim Rackerby, personnel director, stated he felt there may be cut backs on Title VI. It is a yc~orking welfare program. He feels they will continue with the youth andprivate sector programs. He thinks they will see reductions in the Title II-B area where persons can be trained for public service employment where one out of every five is a government ', agency. There are one aut of four in Butte County. 193 AWARD OF BID - SUBCOMPACT PICKUPITRUCKS On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the bid~'for purchase of three subcompact pickup trucks (two for the Agricultural Commissioner-and one for Environmental Health) to low bidder A. Volpato, Inc. of Chico in the amount of $17,823.80 was awarded. 193 AWARD OF BID - THIRTEEN PASSENGER TRANSIT BUSES On motion of Supervisolr Moseley, seconded by Supervisor Wheeler and unanimously carried, the fob the purchase of two 13-passenger transit buses for the Oroville .Trans~.t System to Wide -0ne Corporation of Anaheim in the amount of $52,494.02, with award to include extra farebox, $500 and a passenger signal system for eal~ch bus, $240 per unit, was awarded. Clay Castleberry, publiic works director, stated Oroville City Council concurred at their meeting last night. He had posted several logo pictures on the board. Paee 450. December 16, 1980 i 80- 193'. 193: 1 193' 1936 December 16, 1980 APPROVEyPENA1,TY ABATEMENT RE UESTS On motion of Supervisor Wheeler, seconded by Supervisor Moseley and unanimously carried, the pe~alty abatement requests of the following were approved: Jon F, Morehead, AP 004-13-2-003-0 k'eather River Homes, Inc., AP 030-03-2-002-0, 030-03-3-001-0 and 030-03-3-002-0 Dennis Earl and Karen Ruth Turner, AP 036-22-0-183-1 Alvin D. Richins, AP Q12-16-0-062-0 and 013-04-2-022-0 ---- - - On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, the 1981 Butte County Fair budget for the period i January 1, 1981 through December 31, 1981 in the amount of $286,366 with projected fund balance of $30,619 was approved and the Chairman authorized to szgn. There was a motion bySupervisor Winston to disapprove Budget Transfer 70. .Supervisor Winston stated they wexe going to need every penny in the reserve next year. Motion dies for lack of a second. Clif Nickelson, administrative officer, stated the Board had approved a grant application toimplement this programo Mr. Nelson, clerk-recorder, had located a used microfiche reproducer but when he checked further he was told the planned to keep ito No it is necessary to buy a new one. Supervisor Winston stated he felt government must get used to making do with what they have. In the private sector they do not go out and purchase the microfiche equ"pment. On motion of Supervisor Dolan, seconded by Supervisor Moseley and unanimously carried, the amended motion to approve the following budget transfers wares B-67 - E1 Medio Ditch. Establishes a budgetary appropriation in the amount of $288,700 for the South Oroville drainage project (E1 Medio Ditch) with funding coming from a Farmers Home Administration grant and loan as approved by the U, S. Department of Agriculture on January 3, 1980. B-69 - Public Health I' General Services. Establishes a budgetary appropriation and revenue amounts in the amount of $9;600 for the state funded program for dental disease prevention as approved by the Board of Supervisors on October 28, 1980; minute order 80-1702. A public hearing date regarding the ___ past perfo Community Development Block Gra AUTHORIZE PURCHASE OF EQUIPMENT ACTION AGENCY Discussion was held r ment for the Senior Nutrition P s set for January 6, 1981 at 10:00 a.m. nce of the program; the 1976 and 1977 funds have been totally expended. R SENIOR NUTRITION PROGRAM - COMMUNITY ing the request for purchase of equip- g e 451. December 16, 1980 80- a 19371 1938 1939 December 16, 1980 _ _ _ _ James McNaughton, executive director Community Action Agency, stated they were complying with federal standards and requirements. The items indicated on the agenda were necessary in order to open the Feather liiver center, The present van has over 100,000 miles. It will give them seven vans, they will use one of the old ones for backup so they can do regular maintenance work without taking them out of service. The vehicle purchased by the Gleaners was a pickup and not a van. They aver budgeted last year as they were not sure how much was needed for salaries and fringe benefits. On motion of Supervisor Dolan, .seconded by Supervisor Wheeler and unanimously carried, the purchase of additional equipment for the Senior Nutrition Program as follows: pressureless compartment steamer, $6,000; work table/baker's table, $600; vegetable preparation sink with garpage disposal, $1,124; two hold sink dot wash with drainboard, $600; and a van, $12,000 were approved on a low bid basis. APPROVE BUDGET TRANSFER-68 I On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, the following budget transfer was approved: B-b8 - Community Action Program - 1980 Senior_Nutrition Proiect. Transfers $2,714 from salaries and wages, $20,641 from fringe benefits and $1,175 from travel; with $2,288 going to consumable supplies, $20,578 to rents and leases - purchase of equipment and $1,664 to other costs. Total amount of the transfer is $24,530 and is pursuant to budget modification ~k2 as.napproved by the Area Agency ou Aging on December 2, 1980, APPROVE BUDGET TRANSFER-70 ' Clark Nelson, clerk-recorder, stated when .they received the LEA grant it included certain equipment. He was to purchase :a used reproducer but Superintendent of Schools changed their mind. He has $1,500 from the grant. He tried to use the Recorder's Trust account but was told that would be increasing his budget. It is a matter of economicso If he does not receive the balance he will lose the grant. Mr. Clark stated the private sector sends their material out. They do not have any backup to their file if the document is lost or .destroyed bysfire. Tt would improve their service to attorneys, District Attorney or anybody else wishing copies of any file. On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, the following budget transfer was approved: B-70 - County Clerk - record management. Transfers $1,603 from the reserve to fixed assets - equipment in order to provide supplementary funds in order to purchase a microfiche reproducer for the Clerk and Recorder's Offices as part of an Office of Criminal Justice Planning records management grant. AIES: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke NOES: Supervisor Winston ~~ yrrxvv~ 17151 tiC:li1J ~Le7K"l li1tH1V"1 HWHKV - I:VCll"1VLV11Y Mal+1tVLV k1C*1..IVI.Y Nadine West, ~ducation~program manager of Head Start, stated there will be about 190 to 195 children this year, this involves about 235 families because of the turn over of children. Supervisor Moseley stated she felt more was spent per child than individuals who place their childrenin nursery schools or private homes. She felt $25,000 was a lot of money to be spent for playground equipment. Pale 452. December 16, 1980 80. Mrs. West set out~the v playground equipment from the g can they purchase equipment. T who do not have access to free per lb, 1980 Background of Head Start. That' must buy ant money. Only through their savings et' supply medical services to children edical care. There was a motion by~Supervisor Dolan, seconded by Supervisor Winston, the 1981 Head Start grunt award in the amount of $419,889 was accepted. Mrso West stated if the grant was denied by the Board the program would close down December 31, 1980 and the government would .put it up to bid in Butte County through th~ private sector. Supervisor-Winston stated he objects to the use of free money and grants by government to care for people from the Grad§e to the grave. Supervisor Moseley stated the children starting in the first grade are not any more advanced than children who do not have Head Start. She did not approve of the far out playground equipment that was purchased previously, She felt there should be changes in the parents attitudes. Vote on motion: AYES: Supervisors Dolan, Mose NOES: None Motion carried. 1940 APPROVE SUBMISSION OF 1981 AGENCY Wheeler, Winston and Chairman Lemke NUTRITION PROGRAM - COMMUNITY ACTION On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, submislsion of the 1981 Senior Nutrition Program with a six month allocation hasbeen confirmed for $116,981-plus 48.3 per meal from the U. S. Department iof Agriculture was approved;.-'the 1981 contract was approved and the C~iairman authorized to sign; as a contingency in case contract is not signed I,prior to January 1, 1981 authorized contin- uation of the program without interruption utilizing county funds in-the interim period. 194 ACCEPT 1981 COMMUNITY SERVICES I AGENCY . On motion of Supervi and unanimously carried, the 1 in the amount of $204,000 to c Agency and operation~of Orovil 'was accepted with $10,5&3 in 1 Chairman to sign; as a coating to 3anuary 1, 1981 authorized utilizing county funds in the RECESS: 9:58 a.m. RECONVENE: 10:23 a.m. 194 PUBLIC 1TEARING: BALDWIN CONTR REPORT AND REZONE, FROM "FR-5" CREEK FROM THE SKYWAY TO THE E ', AS AP 40-01-25, 40-02-130 AND SOUTHEAST OF GHICO The public hearing c mental impact report and rezor. acre parcels) to "PASC" (planr. TION GRANT - COMMUNITY ACTION r Moseley, seconded by Supervisor Wheeler 1 Community Services Administration grant tinue administration of Community Action Paradise and Gridley service centers 4 carryover funds,. and authorized the cy in case grant award is not signed prior ntinuation of program without interruption terim was approved. CTING COMPANY, DRAFT ENVIRONMENTAL IMPACT TO "PA-C",.PROPERTY LOCATED ALONG BUTTE ST APPROAIMATELY THREE MILES, IDENTIFIED 32, 40-41-2 AND 3, AND 46-38-50 AND 57, Baldwin Contracting Company, draft environ- from "FR-5" (foothill recreational - five urea - cluster), property located along e 453. December 16, 1980 80- Butte Creek from the Skyway to as AP 40-01-25, 40-02-130 and 1 southeast of Chico was held as 16, 1980 e east approximately three miles, identified 40-41-2 and 3, and 46-38-50 and 57, vertised. Charlie Woods, planner,) set out the background on the project. There was considerable testimonybefore the Planning Commission. The Commission made a unanimous vote~for approval. Mro Woods indicated several exhibits which had been posted. He had distributed to the Board portions of the ordinance which had been prepared should the project be approved. The Board has copies of the P1an~ing Commission minutes. Earl Nelson, environmental review director, stated responses to comments being made today must be included in the impact report. The original proposal has been revised. There were concerns raised regarding flooding. He felt the impacts would be to change the character, expose persons and property to flood, water supply, sewer, traffic and wild life. These. have all been addressed and mitigation measures are included, Mr. Nelson stated he must respond to~all comments of significance. The following communications were received regarding this hearing: Ken Beck, Chico - opposition Robert C, Paugh - opposition Betty Paugh, Nimshew Stage - opposition Mr. & Mrs. Ernest Bossard, Nimshew Stage - opposition Bob & Linda Fulkerth - opposition Mr. & Mrs. Stephen G. Hostettler, Nimshew Stage - opposition Peter & Steffanie Roussel, Nimshew Stage - opposition John C. Burnham, M.D., Nimshew Stage - opposition Arlyne Jo €~ Gene L. Sykes - oppo'sitian Jane O. Danielsen, Nimshew Stage - opposition Miles E. Danforth, Nimshew Stage - opposition Ke11y Meagher, Honey Run - opposition Paul Vittori - opposition A, J. Velasquez, Nimshew Stage - opposition Maxine Ferguson - opposition Laurie A. Loney - opposition Mrs. V. M. Innis - opposition W. van de Kamp - opposlition Linda Velasquez - opposition Bob & Betty Paugh, telegram - opposition Florenoe White - favor, telegram Chairman Lemke stated calls the previous evening: Lane Mohler - oppositi Trini Silvernagle - op Mrs. S. E. Lewis - opp Olive Beal - oppositio Jeff Ficker - oppositi Harvey Johnson - lette had received the following telephone ition a in favor Additional correspondeuce:o John Burge, Nimshew Stage,-`opposition Robert Peters, Chico -iopposition -Marie Powe11,'Chico --opposition- ~, rporothy A., Raym©nd J. Gary and Michael Lex - opposition Page 454. December 16, 1980 sa- a December Suzanne & $obert Peter Mr. & Mrs. John Eo CIa Les & oral Morford, Pa Harvey A. & Anita B. J Arlyne Jo & Gene L. Sq Mrso Eyvonne M. Clayto Mrs. V. M. Innis, Nims Mr. & Mrs. M. G. Adams Hearing open to the 16, 1980 ;,~Jr.,,Nimshew Stage - opposition ^k, Nimshew Stage - opposition. ~adise - opposition ~hnson, Nimshew Stage - in favor :es - opposition i, Nimshew Stage- opposition iew Stage - opposition Nimshew Stage - opposition c. Appearing: 1. F. Herbert Seely, Jr. Mr. Seely was representing Fantal dba Inco He knew the area quite well and knew every rock and bolt in the county. In his opinion and judgement he feels it is a good place to build the condominium. It is not in the green belt or used for agriculture. It will increase the assessed valixationsof.the county 'and affect every taxpayer in the county. 2. Michael Jamison, attorney,.representing'citizens of Butte Creek Canyon. The majority of t~e people in the area at'e opposed to the project. It was rezoned less than two years-ago at the county's suggestion. If the project is approved by the Board, they will try with a referendum to go to the voters for an election. He questioned who's welfare was being protected in this matter. Mr. Jamison presented a letter to the Board. If there were any further meetings, he would like to see them held in Chico and during the evening. Chairman Lemke stated the matter was brought up at an earlier meeting but the hearing could not have been moved because of the legal notices. I 3. Bonnie Burnham, Butte Canyon. Mrs. Burnham stated they have been told the developers have bent over backwards regarding their concerns. They are abjecting to the project design. The rezone is not `in the public interest. It is against local desires. They are concerned .about fire. The Board has numerous letters and petitions from individuals opposed to the project. The rezone was only accomplished about two years ago. There will be a conflict of life style, The project does not meet the inten¢3ed plan of the areae There is the matter of history and economics that deserve special consideration. There isno guarantee of no further development. She questioned the cost of improving Honey Run Road, and who will pay. She set out the concerns listed in the ordinance. What is the permanent solution for drainage and who will maintain the flow control system. There will be silt from the ponds. Chairman Lemke questioned Mr. Jamison regarding submittal of one of his letters. Mr. Jamison stated he felt the people had a right to be heard. He felt from the Chairman's statement earlier the hearing would be limited to new material. Chairman Lemke stated His comments may have been misconstrued, the policy is to listen to only new matters at an appeal hearing. They have not stuck with that. Supervisor-Winston stated Butte Creek Rock Company had made a zontribution to his Assembly campaign and he resented the implication very ouch. He has been 18 years in public office and that no one can find any dace where he has shown favoritism to anyone because of a contribution to 3 campaign. Page 455. December 1'6, 1980 80-. b' December 16, 1980 Mr. Jamison stated he did not intend to imply any cynicism. 4. Flo -0patrny, Honey Run Road. Mrs. Opatrny lives 12 miles from the proposed project. When they enlarge the ponds within minutes the ditch by her home is muddy. With the addition of 75 condominiums there will be a lot of waste and sewage. There are professional people who live in Butte Creek canyon. The values of life are changing, people want back to the earth. 5. Kathleen McEnespy, Nimshew Stage. Mrs. McEnespy stated her husband had worked for Butte Creek Rock for 24 years. He has retired and is in poor health. The river atpresent has logs and debris which is not cleaned out. The ponds will be controlled but who will control the debris. 6. Jack Riddell, Nord Avenue. Mr. Riddell is in real estate but does not own land in the canyon. He feels the original zone is correct. He questioned who would be Baying for all of the improvements. He felt the condominiums could be built without the zone changed 7. Kelly Meagher, Honey Run Road. Mrs. Meagher .,stated ,the zoning in this area was initiated only ~Ithree years ago. He read the."FR" definition from the code. He questioned why Supervisor Lemke and Winston had changed their minds from their vote in favor of the initial zone. 8. .Suzane Peters, Ni synopsis of her and her husband at one time owned all of the ca family, They strongly oppose a owners will not have the same i own animals. The sewage and sm the animals. They will be a di wildlife in the area. She felt the zone to stay "FR". hew Stage. Mrso Peters gave a brief background and history. Mr. Peters' family on. There is only five acres left in the object to the zone change. The condominium :erects of people in the canyono They presently 1 from the condominiums will be blamed on 'e rent breed of people. It will change the :hey should live in the city. She would like 9. Mike Adams, Nimshew Stage. Mr. Adams set out on a diagram that was posted the method by wh~~ch the ponds and sewage would work. He did not feel a fully qualified carekeeper-could be hired to handle the complex work. He questioned how~lthe ponds would function should there be flooding. He asked the Board tol,please leave the zone as it was. 10. Arlyne Sykes, Nip safety factor. She had done ex will only be covered by the Hig' to get the Sheriff Department t been agpraximately 47 accidents propose to widen the road, it w owners. There is a new road pr Paradise ,:emergency and fire. "The last major concern is that Canyon area. Afire starting i conditions, has the potential o every home up canyon from proje for the past five years. She w electricity be off what happens alarms. There is one way in an area 16 years. hew Stage. Mrs. Sykes questioned the public nsive research into police protection. They ay Patrol. It will take two hours or more respond, Between 1976 and 1980 there have ith 50 injuries and 2 fatalities. They 1 be at the expense of present property osed which will be used only to go;through re Chief Hector Reed was quoted as saying f a major conflagration in the Butte Creek this project area during extreme summerweather becoming a major disaster and threatening area". She set out the number of fires concerned about flooding. Should the o the flood gates, flood alarms or fire one way out. Her husband has-lived in the 11, Evonne Clayton, Loney Run Road.. She has lived in the canyon for 122 years. .She is a widow and cannot afford to move. They added on to their home and at that time had problems with leaching, They had to add on 500 feet of leach lines and two pits. She questioned how the condominiums sewage problems across the street from her would be solved. Page 456. December 16, 1980 80- December 16, 1980 - 12. Renda Kenslow, Nimshew Stage,- Mrs. Kenslow stated it was a- unique area. She set out the history of the canyon.. There is a lot of vandalism and-lack of police protiection. She is afraid if the rezone is passed it will destroy a11,of the historic things= 13. Lane Moller, Centerville Road. Mro Moller stated he was representing five other land owners in the canyon and presented a petition stating they were in opposition to the rezone. They are concerned about the rural atmosphere. Regarding sewage. They feel the zoning should stand. There are going to be problems i~ the future. The condominiums if approved will open up development. There are other land owners waiting to begin developments should this project be approved, He is not anti growth. He appreciated the opportunity to speak. I4. Theresa Cruit. Mrs. Cruit spoke regarding the density and conformance with the General Plan. She read from the category of the Land Use Element regarding "AR". Theconcerns were safety, air quality and general environmental quality. the met with Mr. McCain's representative in September regarding low level lighting. .She felt the lighting would effect the wildlife-and rural quality of all. She was concerned about setbacks. It is a recreation area. Local desires are to be considered, people in the area object to this project. She would like the Board to preserve the present setting. 15. Daniel VanMeter, Nimshew Stage. Mr. VanMeter was concerned about the "S" curve. There has been one death and a number of accidents. If the road is widdened to 60 feet, this will make the road approximately 3 feet from the corner of his house. He is strongly opposed to the project. 16. Bob Pahl, NimshewStage. Mr. Pahl was concerned about the access of traffic on the roads, air pollution and noise factors. He felt there were other areas more suitable for this project. He questioned who would pay for flood damage. He leas concerned about the parcel size and the method of sewage disposal; adjacent uses, environmental quality, major streets, .public facilities and Vocal desires. 17. Chuck Leichman. Mr. Leichman had recently purchased five acres. He has lived in Butte Co~iunty for 10 years and appreciates the ". ', beauty of the area. He would Ii~ee the area to remain 5 acre parcels. 'The approval of this project will ha1~e far reaching consequences. RECESS: 11:57 a.m. RECONVENE: 12:15 p,m. 18. Tom Halaway, Helltown. Mr. Halaway stated he and his wife have 5 acres and have lived in the area for 3 years. They strongly oppose the project. 19o Angie Velasquez, land owner in the canyon. He felt everything had been covered by both sides. He was troubled with the fact the majority of the .people in the canyon wish the rezone to be denied. He felt it was the main issue. He stated his concerns with the sewage problem. He did not feel there was room to have a~four lane highway. -Once the quality of water is gone it cannot be brought balk. Problems will be created by over develop- ment that will not. be able to bq corrected. Mr. Seely stated there are flood proiSlemsinow, sanitation problems now and traffic problems now. There are fire probhems now. Mr. Seely cited three area projects where the developer placed advance deposits and took care of the problem. It was North Valley Plaza, and two projects of Sunbeam Const- ruction. It is all in the county records. You have to compromise some in order to gain progress Pa€ 457. .December 16 , 180. 80- ~x~ Decem 20. .Paul Vittori, Box in river ecology. This is a hig in another area of Chico. He wa and natural vegetation along the road to traffics policing will b He submitted the pictures on the He set out the background on the plain. The developer plans to h from the water. Hall Road is to feels the project will make the jams. Planning stated they had 40 mitigation measures. He is c was zoned "E R" and now there is oppose the rezoned er lb, 1980 98, Chico. Mr. Vittori is a biology specialist sensitive area. The development should be concerned about the erosion of the creek creek. Everything from the widening of the effected by the increase in population. wall at the Planning Commission hearing. photographs. This area is within the flood ve flood gates, there will be an impact be used as an emergency escape only. He ituation worse, Who will clear the log .ever had an EIR so complete. There are ncerned that only two years-ago the area proposed change, He urged the Board to RECESS:. 12:38 p.m. RECONVENE: 1:43 p.m. SUPERVISOR WINSTON ABSENT AT TIME 21. .Louis Camenzind, Jr., Durham. Mr. Camenzind stated he felt the PAC was the best type of zone in the county. .All of the EIR and mitigation measures are taken care of. He was in favor of the zone change. 22. .Everett McCain, Chico, Mr..McCain spoke on behalf of Butte Creek Construction. The project has had extreme scrutinizing by the public. SUPERVISOR WINSTON PRESENT AT Mr. McCain set out the many environmental concerns addr The changes were acceptable and There has been extensive work wi was spent to see whether whey-ao~ and they were in-the second draf gation measures. The sanitation Health approval and the State Wa report indicates it is in confor zoning. They have made changes has been completely reviewed an facilities will help the terribl All of the testimony before the is before the Board. There have Board with a lot of verbage. Th have in their files. The object up the canyon. The one or two p in opposition. The majority of favor. They have revised the it Mr. McCain explained the alterna Road, would be used by residents project and across Butte Creek t better road than Humbug Road. T conditions and suggested revisio with minor objections. TIME background on the project. There have been ssed. They worked with staff on the impacts. here were further mitigation conditions. h the engineers and a large amount of money 1d-be mitigated.- There were design changes . The Planning Commission adopted 39 miti- and sewage has been completed with Public er Quality Control Board< Planning staff d.ty with the General Plan and with the "FR" equested by Public Works. Fire protection their plans completely approved. Additional fire conditions in the canyon right now. Tanning Commission has been considered and been a great number of people before the project can be approved by the merits they ons they have before them are from individuals ople at the entrance of the project are not he property surrounding the perimeter is in m regarding traffic from the original plans. e access. He felt the alternate route, Hall of the condominium. Tt goes through the a point into the Skyway. It will be a re Planning staff had grovided them with ~s according to the Planning Commission Mr. McCain suggested four additional slight revisions and proposed changes to Number 20, suggest the word "project" be placed between 'along proposed project frontage'; Number 21, "project" between 'proposed 'and front- age' to be brought up to standard; Number 27, to include "low intensity"; Number 37, to work with Public Works for the best solution to the mitigating Page 458, December'16, 1980 80- December 16, 1980 traffic needs as they suggested. Agood-quality road completely independent of Humbug Road and the canyon,..a much better solution and for the project occupants. With these slight changes, he would like to see the project approved today. The present zone was adapted a short time ago. Baldwin Contracting supported and worked with them. To apply for a "PAC" zone you must change another zone and it must conform with the General Plan and the existing zone, Because of the large commitment, because of the character of the canym by the impact report and the aspect of no sign impact, no project has game so far to meet the mitigations and all of the concerns expressed. No new issues have been brought up, there is no need to go any further regarding the EIR. Mr. McCain stated he would like Number 37 not be incorporated because of expenses and the primary access now is better. They would not do any work on Honey Run. He felt if they improved the hump ~: it would only increase the speed and the chance of accidents. They would be willing to contribute to work on the "S" turn. The other entrance is to the east further, at the time of flood it could be used as an emergency access. .Physical barriers do not work. It would be another point of escape than exists now. The main road will incorporate with Skpnsen. Clay Castleberry, public works director, stated it would be a judgemental decision as to the driving habits of the condominium would be. If it is closer to go up Honey Run a less improved road, than to go further up Skyway people would have a tendancy to go the shover route. it would be a substantial sum to widen Honey Run Road. He agxeedthat to improve the "S" curve would cause people to drive faster. Mrs. Meagher did not agree that only one or two people living adjacent were opposed. She listed the families and had them to stand. No mention of the road was brought up at the Planning Commission hearing. 23. Walt Schafer, Centerville Road. Mr. Schafer stated he was strongly opposed. He questioned if they would hold to the best zone; would they respect local requests; what was the basis of the last zone request; and the faith in government and their integrity by the people. 24. Flo Pattern, Nimshew Stage. Mrs. Pattern stated she lived at the mouth of the canyon. She is opposed. Hearing closed to the public and confined to the Board. Supervisor Winston noted the PAC zone is unlike other zones. It must go first before the Planning Commission to decide if it can be a PAC. That is what they are considering now. It must be decided if it is worthy of the zoning and if the cite is in conformance with the General Plan. He has been in the canyon numerous times in the past 20 to 25 years with and without Baldwin Contracting members. He has noticed the divisions and changes. There are several divisions in process. He has listened very carefully and kept an open mind. He has listened to experts concerning the flooding. He has heard the planning experts state this particular project is the best example of good sound well thought out planning doxae with an EIR and the Planning Commission agrees. He has read everyone of the letters on this project, some live outside the proposed area. He feels the firm is capable of constructing the project with as little damage as possible. SUPERVISOR WHEELER ABSENT AT THIS TIME Supervisor Winston stated people of his about living in condominiums. Mr. Jamison stated He feels that Butte Creek Canyon growth is being has bent over backwards to address; the issues. Page 459. age group are thinking it should go to a referendum. planned. Baldwin Contracting December i6, 1980 December lb, 1980 80_ SUPERVIS0R WHEELER PRESENT AT THIS TIME ~ Supervisor Dolan stated this may be a good project and an example of how an environmental document helped contribute to a project. It still doesn't take away from the letters and petitions that the canyon residents two years ago stated they wanted. The;~citizens came up with this zone, To say two" years later they are going to change it doesn't make sense to her. She felt the faith and trust of the people in accomplishing the zone should remain at the present zone. Maybe condominiums have a place but she is convinced they do not have a place in the canyon. She was not sure of the mitigation measure for building the road to the Skyway. The wildlife area will be changed. She felt the open space should be reviewed. Before she would vote on a 75 - 5 acre proposal, she would ask a number of questions regarding wildlife, traffic, impact on the creek and changes in-the character as it is a most fragile area. Chairman Lemke stated he thought the planning was good when the residents brought it before the Board two years ago. Tt is still good. It replaced the "A-2" zone. Not as many people were involved as there was present here today. It was good, it removed the "A-2". He has stated it before that no zoning is cast in concrete. They determine each project singularly on each issue as it comes up so long as it qualifies under the broad general guidelines. There are already 33 to 35 homes built in the flood plain. The sewage has been considered at great length. Before a building permit or subdivision map can be approved mitigation measures are required. All of the items mentioned earlier, flooding, debris, traffic and sewage would be addressed as a project came forward. There has been a lot of imput today and from the previous Planning Commission hearings. He has been advised as well by outside sources that it is a remarkable plan. A fire can occur today. Traffic problems that people are referring to have:. happened already. He :and Supervisor Moseley passed an accidr~nt after sitting down with canyon members. He is not satisfied with Number 37, he would like to see both ends go. Dan Blackstock, county counsel, stated he recommended to the Board they have staff come back with appropriate findings and responses to the environmental document. There was a motion by Supervisor-Dolan to deny the proposed project of Baldwin Contracting Company rezone from "k'R-5" (foothill recreat- ional - five acre parcels) to "PA-C" (planned area - cluster}. Motion dies for lack of a second. On motion of Supervisor Moseley, seconded by Supervisor Wheeler and carried, a motion of intent to approve the Baldwin Contracting Company draft environmental impact report and rezone from "FR-5" (foothill recreat- ional - five acre parcels) to "PA-C" (planned area - cluster), property located along Butte Creek from the Skyway to the east approximately three miles, identified as AP 40-01-25, 40-02-130 and 132, 40-41-2 and 3, and 46-38-50 and 57, southeast of Chico; referred matter to Environmental Review Director for findings and responses to comments was approved. AYES: .Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisor Dolan RECESS: 2:44 p.m. RECONVENE: 2:58 p.m. PRESENT RESOLUTION TO SUPERVISOR WINSTON Chairman Lemke presented a resolution of appreciation to Supervisor Winston for his many years of -sexvice to Butte County. Page 460. ,December 16, 2980 80- 1944 December 16, 1980 ADOPT RESOLUTION 80-263 - PUBLIC HEARING: ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN NECESSARY FOR SACRAMENTO AVENUE ASSESSMENT DISTRICT ~kl STORM DRAIN THROUGH LANDS OF MURIEL TURNER The public hearing on acquisition of real property by eminent domain necessary for Sacramento Avenue Assessment District ~kl storm drain through lands of Muriel Turner was held at this time. Dan Blackstock, county counsel, stated this has happened only two or three times. There was a change in legislation in 1977. The resolution which is proposed condemnation to easement relative to Sacramento Avenue Assessment district property of Mrs. Muriel Turner, The only individuals allowed to speak are Mrs. Turner or her representative, Mark Risso, engineer, McCain & Associates, set out the background on the proposal. It is an easement 12 to 14 feet on the west side of Mrs. Turner's property. Charlott~Adams, attorney,,Sacramento. Ms. Adams spoke on behalf of Mrs. Turner. She would like the Board to make findings before approving the resolution. Findings are necessary in the interest Qf declaxation of public interest and go forward with the eminent domain. There is about 15.5 acres which cannot be developed and to find it is agriculture land. There are overlaps in the drainage at Sacramento Avenue Assessment District. She felt they must comply with 1240.510... Mr. Blackstock read from the code. The subdivision will go on. The work has to be done. He did not anticipate using quiet title deed. They will have=a'final map filed before long and they need to get the ease- ment taken care of before that in order to finalize the map project. Ms. Adams stated she felt the resolution to be effective should include a provision that complies with the particular code section she cited. Dennis Hoptowit, attorney, stated he would like to refer to a letter dated December 11, 1980 to Mr. Castleberry requesting the opportunity to speak and present testimony. He represents 80 percent of the property owners along Sacramento Avenue Drainage District, The property is necessary for the project and it is of public interest and necessity. Chairman Lemke stated if there was a problem with procedure he should contact Mr. Blackstock. They can only listen to Mrs. Turner or her representative. Mr. Hoptowit referred the Board to his letter and asked that a summary to present testimony on behalf of his clients not be denied. He would like the comments to be placed in the record and minutes of this proceeding. He was not noticed of the hearing and did not have an opportunity to prepare a statement. Hearing open to the public. Mr. Hoptowit presented presented a statement in opposition to the proposed resolution of necessity to exercise eminent domain power to obtain an easement on the Muriel Turner property. He read the titles into the record at this time. He requested the Board not take action on the resolution. Hearing closed to the public and confined to the Board. Mr. Blackstock stated unless they have an access agreement like the proposed resolution they cannot gain immediate access. In order to file a law suit they must go after the immediate possession. Page 461. December 16, 1980 December 16, 1980 80- On motion of Supervisor Dolan, seconded by Supervisor Wheeler and {~ unanimously carried, Resolution 80-263 authorizing acquisition of real property by eminent domain necessary for Sacramento Avenue Assessment District ~kl storm drawn through lands of Muriel Turner was adopted and the Chairman authorized to sign. 1945 APPEARANCE: DICK BJORR Dick Bjork, Orovilie, presented copies of a letter from legislative Counsel of California to Board membexs for their review. 1946 APPEARANCE: DENNTS xuY'1'uwi'L' Dennis Hoptowit, Chico,. spoke regarding his comments at the Public Defenders contract hearing last week. He does represent the middle class citizens. Mr. Hoptowit cited the minutes of January 30, 1979 in which the Board discussed budgeting $1§,000 for a study into the increase in population at the jail. Chairman Lemke stated whether Superior Court or the Board has the $15,000 budgeted he feels it is incument upon the legal profession or those that have the ability to provide for a study to go ahead and do so. 1947 CONTINUE PUBLIC HEARTNG TO JANUARY 20, 1981 AT 10:00 A.M. - JOHN GAMEY ABANDONMENT OF PUBLTC UTILITIES AND RECREATIONAL EASEMENT, PARADISE PINES COUNTRY CLUB ESTATES UNIT 2 LOT 42 The public hearing on the John Gamby abandonment of public utilities and recreational easement, Paradise Pines Country Club Estates, Unit 2, Lot 42 was not held at this timed The hearing was continued to January 20, 1981 at 10:00 a.m, as Public Works had failed to post within the legal requirements for the hearing, per memo from the Assistant Clerk to the Board. 1948 PUBLIC HEARING: ADOPT RESOLUTION 80-264 - ANTHONY BATISTA ABANDONMENT OF PUBLIC UTILITIES EASEMENT, LOT 109 PARADISE PINES"UNIT 14 The-public hearing on the Anthony Batista abandonment of public utilities easement, Lot 109, Paradise Pines Unit 14 was held as advertised. **~~ Bettye Blair, planning director, stated the petition 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 Winston, seconded by Supervisor Wheeler and unanimously carried, Resolution 80-264 abandonment of public utilities easement,. Lot 109, Paradise Pines Unit 14 for Anthony Batista was adopted and the Chairman authorized to sign. 1949 PUBLIC HEARING: ADOPT RESOLUTION 80-265 FORMATION OF COUNTY SERVICE AREA N0. 77 (WALNUT WOOD STREETLIGHTING DISTRICT) AND COUNTY SERVICE AREA N0. 78 OODSIDE STREETLIGHTING MAINTENANCE DISTRICT The public hearing on consideration of formation of County Service Area No. 77 (Walnut Wood Streetlighting District) and County Service.Area No. 78 (Woodside 5treetlighting Maintenance District) was held as advertised. Chairman Lemke stated the hearing for the per parcel charge will be held later. Bill Turpin, planning, stated they have until June 30, 1981. They have already approved a loano Page 462. December 16, 1980 December 16, 1980 S0_ Hearing open to the public. .Appearing: No one. Hearing closed to the public and confined to the Board. On motion of Supervisor Wheeler, seconded by Supervisor Moseley and carried, Resolution 80-265 formation of County Service Area No. 77 (Wal- nut Wood Streetlighting District) and County Service Area No. 78 (Woodside Streetlighting District) was adopted and the Chairman authorized to sign. AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisor Dolan Dan Blackstock, county counsel, stated the Auditor would set up a revolving loan for seperate action. 195 PUBLIC HEARING: CONTINUED TO JANUARY 13, 1981 AT 10:15 A.M., GEORGE AND ROSEMARY FORESTER DENIED REZONE FROM "TM-40" (TIMBER MOUNTAIN - 40 ACRE PARCELS) TO "TM-20" (TIMBER MOUNTAIN - 20 ACRE PARCELS), PROPERTY LOCATED ON BOTH SIDES OF DOE MILL ROAD, APPRORIMATELY 2'~ MILES SOUTH OF SCHOTT ROAD IDENTIFIED AS AP 63-02-67 68 ANA 69 SOUTHEAST OF FOREST RANCH The public hearing on the George and Rosemary Forester proposed negative declaration regarding environmental impact and denied rezone from "TM-40" (timber mountain - 40 acre parcels) to "TM-20" (timber mountain - 20 acre parcels), property located on both sides of Doe Mill Road, approx- imately 2'~ miles south of Schott Road, identified as AP 63-02-67, 68 and 69, southeast of Forest Ranch was held as advertised. Supervisor Wheeler stated she had difficulty in contacting Mr. 'Forester and would like an extension so she could meet with him. Bettye Blair, planning director, stated they have the Planning Commission minutes and staff findings on the denied rezone. Hearing open to the public. Appearing: 1. Mr. Forester, applicant, stated he would like the hearing continued until January. Hearing continued to January 13, 1981 at 10'.015 a.m. 1951 PUBLIC HEARING: CONTINUED TO JANUARY 13, 1981 AT 10:30 - M. C. HORNING, JR. DENIED REZONE FROM "A-2" (GENERAL) TO "SR-3" (SUBURBAN RE5IDENTIAL - 3 ACRE PARCELS},.PROPERTY LOCATED ON THE NORTH SIDE OF BENNUM ROAD (PENTZ ROAD), APPROXIMATELY 1-1'~ MILES EAST OF CLARK ROAD, IDENTIFIED AS AP 41-12-24, 29 THROUGH 32, 41 THROUGH 52, 57, 59 THROUGH 63, 68 THROUGH 70 , 90 THROUGH 92, NORTH OF OROVILLE The public hearing on M. C. Horning, Jr. proposed negative declar- ation regarding environmental impact and appeal of denied rezone from "A-2" (general) to "SR-3" (suburban residential - 3 acre parcels), property located on the north side of Bennum Road (Pentz Road), approximately 1-12 miles east of Clark Road, identified as AP 41-12-24, 29 through 32, 41 through 52, 57, 59 through 63, 68 through 70, 90 through. 92, north of Oroville was held as continued. Chairman Lemke stated this matter had been referred back to the Planning Commission with a recommendation from the Board. The Planning Commission-again denied the request.-, of the Board to rezone to "A-5". Earl Nelson, environmental review director, stated he had nothing new to add. Hearing open to the public. Appearing: Page 463. December 16, 1980 December 16, 1980 80- a 1. Chuck Horning, applicant, stated he was not sure what issues to address at this time. He set out the original proposal. No one was present at the Planning Commission level and it was denied so they appealed. They had hoped to get a consistent zone in which they could develop. He has discussed the concerns of the neighbors with them since the last hearing. When they first applied they felt the "SR-3" zone was appropriate. Since that time various people and staff have indicated they would support "SR-5" for a variety of reasons. He stated 24 out of the 29 parcel owners had signed the petition. The only objection was that people be allowed to have mobile homes. SUPERVISOR WHEELER ABSENT AT THIS TIME Mr. Horning stated the Public Health Department has stated there are conditions where they can not be further divided. The "SR-5" would allow them further lot division. This is not prime agriculture land. SUPERVISOR WEIEELER PRESENT AT THIS TTME Bettye Blair, planning director, stated the or~,ginal proposal was for "SR-3". 2. Mrs. Bosserman, Paradise, stated they would go along with the "A-5" but not with the "SR-5" as it does not include mobile homes. Dan Blackstock, county counsel,-stated even though the Board would adopt an "SR" zone the presently existing mobile home and new mobile homes would have to be allowed. 3e George Ruby, Chico, stated he owned one of the parcels of land they are discussing. Last year at the time of the proposal he was against mobile homes. His opinion has changed, he would like a zone which would approve consistency in the type of housing. He hopes to build out there. He would object if it interferred with the Bosserman's life style. He felt three acre parcels was small. There are some sewage problems. Chairman Lemke read from SB 2960 which was signed into law and will become effective July 1, 2981 where mobile homes are allowed in all zoneso 4. Scott Holland, Paradise, stated he was an owner of one of the parcels. The five acre zone would be fine. He hopes to build out there. 5. Tom heonard, Paradise, stated he would Like to see the "SR-5" as it would add integrity to the area. 6. Merritt Horning, Chico, stated they hoped to have some uniformity the development. He felt the five acre zone would be acceptable. Hearing closed to the public and confined to the Board. On motion of Supervisor Moseley, seconded by Supervisor Wheeler and animously carried, referred the matter back to the Planning Commission with recommendation of "SR-5" (suburban residential - five acres) was approved. Supervisor Moseley stated it is difficult for the Planning Commission to make decisions if the applicants do not appear at the hearings. They are always willing to help. Hearing continued to January 13, 1981 at 10:30 a.m. Page 464. December T6, 1980 December 16, 1980 80.. 1952 PUBLIC HEARING: EDWARD PHILLIPS APPEAL OF CONDITION N0. 1 ON TENTATIVE PARCEL ~ MAP, AP 30-35-69, THREE pARCELS,,.PROPERTX LOCATED ON THE EAST SIDE OF 14TH STREET BEIWEEN GRAND AND BIGGS AVENUES THERMALITO AREA The public hearing on the Edward Phillips appeal of the Advisory Agency`s condition No. 1 on tentative parcel map, AP 30-35-69, three parcels, property located on the east side of 14th Street between Grand and Biggs Avenues, Thermalito area was held as advertised. Clay Castleberry, public works director, set out the background on the appeal. There is a lodge at the location on one parcel. The other existing homesites are being divided off. There would be no additional traffic. He agrees with the property owner it is a lot of improvements to put in an urban area. It is the appeal of curbs, gutters and sidewalks on a little less than a third of an acre. He felt they should allow for a covenent. Hearing open to the public. Appearing: 1. Ed Phillips,, Sacramento, stated he owned the property and has it rented. It would be an undue hardship to place curbs, gutters and sidewalks on the property. There~,es a large loan-against the property which he has paid off.. with rentals. He has tried to upgrade the appearance. Mr. Castleberry stated the ~c,9vcnan~ would state the county would determine when it would be in the best interest to require the improvements when there has been further development in the area. Hearing closed to the public and confined to the Board. On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, the Edward Phillips appeal_of condition No. 1 on tentative parcel map,. AP 30-35-69, three parcels, property located on the east side of 14th Street between Grand and Biggs Avenues, Thermalito area be upheld; the condition of curbs, gutters and sidewalks be stipulated with a covenant to be determined by Public Works when it is in the best interest of the county to,require the improvements the applicant will proceed. 1953 PUBLIC HEARING: ANSEL PFEFFER APPEAL OF DENIED TENTATIVE PARCEL MAP, AP 73-22-28, THREE PARCELS, PROPERTY LOCATED ON THE SOUTH SIDE OF MARYSVILLE- LA PORTE ROAD, APPROXIMATELY ONE-HALF MILE PLUS WEST OF CLIPPER MILLS, CLIPPER MILLS AREA The public hearing on the Ansel Pfeffer proposed negative declar- ation and appeal of denied tentative parcel map, AP 73-22-28, three parcels, property located on the south side of Marysville-LaPorte Road, approximately one-half mile-plus west of Clipper Mi11s, Clipper Mills area was held as advertised. Clay Castleberry, public works director, stated the project was denied on the recommendation of the Planning Department. Bettye Blair, planning director, stated the Board had received copies of the Planning Director's Report concerning the smaller parcels being created. Hearing open to the public. Appearing: 1. Robert Huskey, engineer, representing the applicant. Mr. Huskey presented the Board with copies of a parcel map. The Planning staff objected to the 1.75 acres proposed for the northwest corner as not being compatible with the area. He disagreed. One and two acre parcels were the main objections of Planning staff. They felt possibly three acre parcels would be acceptable. He did not. feel Planning should dictate the size Page 465. December 16, 1980 80- b December lfi, 1980 as long as it is within the parcel size. _ _ _ Y Mr. Castleberry stated parcel number 1 was unusual, it is not a part of the existing roadway to the lower parcel. It is suitable on to LaPorte Road. There is concern about sanitation in the area, the test holes one acre parcels could be acceptable. To do something like that he would need additional right-of-way frontage. 2. Ansel Pfeffer, applicant, stated they could extend south of parcel number 3. The parcel cannot be further dividedo There is a creek at the back of the ravine. Hearing closed to the public and confined to the Board. Bettye Blair stated there is development and the "A-2" is consistent with the General Plan zone within the "AR" minimum. Supervisor Winston stated he agreed who is Planning to determine whether it is 1.75 or 3 acres. The Health Department will determine if it needs to be larger parcels. , On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, finding that the proposed project could not have a significant affect on the environment a negative declaration is recommended. On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, that the appeal of Ansel Pfeffer denied tentative parcel map, AP 73-22-28, three parcels, property located on the south side of Marysville- LaPorte Road, approximately one-half mile plus west of Clipper Mills, Clipper Mills area be upheld and subject to the following Public Works conditions: 1. Verify legal parcel. 2. Provide two-way traversable access RS-B-LD-I to each parcel from a county maintained road or state highway. 3. Access to be reserved in deeds as per county ordinance and offered for dedication on the final map. 4. Show 50 ft. building setback line measured from centerline :of access easement. 5. Provide road maintenance agreement. 6. Deed to the County of Butte 40 ft. right-of-way from the centerline of LaPorte Road. 7. Indicate a 55 ft. building setback from the centerline of LaPorte Road. 8. Show all easements of record on the final map. 9. Pay off any assessmentso 10. .Provide cul-de-sac at the end of the street. ll. Obtain encroachment permit and construct standard road approach providing adequate sight distance at the intersection of LaPorte Road and access road. 12. .Pay any delinquent taxes. Page 4fi6. December 1'fi, 1980 80- 1954 December 16, 1980 _ 13. Provide street name signs per requirements of the Department of Public Works prior to recordation of the final map. 14. Provide an area for wells and a one-hundred (100) foot leach field free area around the well area on parcel one (1). 15. Provide a one-hundred (100) foot leach field free area around existing wells either within the property or within one hundred (100) feet of property boundaries. l6. Shaw a fifty (50) foot leach field setback from the drainage way on parcel three (3). 17. Prove-that the required quantities of domestic. water are available to parcels one (1) and three (3). 18. Prove that the required quantities of domestic water are available to parcel three (3) or place the statement on the map that there is no evidence that domestic water is available. AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisor Dolan PUBLIC HEARING: ROSE KINGS APPEAL OF DENIED TENTATIVE PARCEL MAP, AP 27-23-60, FOUR PARCELS,.PROPERTY LOCATID 2,100 FEET SOUTHEAST OF THE INTERSECTION OF BANGOR PARK ROA- AND HONCUT-WYANDOTTE ROAD, BANGOR E~REA The public hearing on the hose Kings proposed negative declaration and appeal of denied tentative parcel map, AP 27-23-60, four parcels, property located 2,100 feet southeast of the intersection of Bangor Park Road and Honcut-Wyandotte-Road, Bangor area was held as advertised. Clay Gastleberry, public works director, referred to the Planning Director on this matter, Bettye Blair, planning director, stated she had posted a map for their convenienceo A previous appeal by Walter Laun was denied by the Planning Department and was upheld by this Board. .Planning staff felt it was incompatible with the surrounding agriculture uses and size of parcels= The map dipicts the intrusion of smaller parcels. There are Land Conservation Act land in the area. There is an extremely large parcel of about 500 acres that was purchased in 1978 with a waiver that granted five larger parcels. Through subdivision law further division cannot be done without an EIR. They divided.fhe 679 acres into 3 parcels of 60, 103 and 496 each. Hearing open to the public. Appearing: 1. Robert Huskey, engineer, set out the proposed project. They are working on an EIR and a subdivision map approval for land immediately north of Bangor Rondo The parcel in question is 40 acres and is zoned "RR" but it is too small for cattle. About a month ago he had the same problem where it was not compatible with the General Plan in the area. The zoning calls for "A-5". Hearing closed to the public and confined to the Board. On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, finding that the proposed project could not have a significant effect on the environment a negative declaration is recommended. AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisor Dolan Page 467. December 16, 1980 December 16, 1980 80_ ~ On motion of Supervisor Winston, seconded by Supervisor Moseley and a carried, finding the Rose Kings tentative parcel map, AP 27-23-60, four parcels, property located 2,100 feet southeast of the intersection of Bangor Park Road and Honcut-Wyandotte Road, Bangor area would not be viable land for agriculture land to the west that the appeal be upheld; subject to the Public Works conditions as follows: 1, Verify-legal parcel. 2. Provide 2-way traversable access RS-8-LD-I to each parcel from a county maintained road or state highwayo 3. .Access to be reserved in deeds as per county ordinance and offered for dedication on the final map. 4. Show 50 ft. building setback line measured from centerline of access easement. 5. Provide road maintenance agreement. 6. Show all easements of record on the final map. 7. Provide street name signs per requirements of the Department of Public Works prior to recordation of the final map. 8. Pay off any assessments. 9. Provide cul-de-sac at the end of the street. 10. Pay any delinquent taxes il. Verify legal parcel (Note: The Health Aepartment conditions for the original Johnson waiver application,.AP 27-23-47, have not been met.) 12. Prove that the required quantities of domestic water are available to each parcel or place the statement on the map that there is no evidence that domestic water is available. AXES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisor Dolan RECESS: 4:48 p.m. RECONVENE: 4:57 p.m. 1955 SET PtTBLIC HEARING DATES 1. A public hearing date was set for January 13, 1981 at 10:00 a.m. for consideration of the Gerald Sizelove petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 25-22-067, Route 2, Box 2470 (Watt Lane), Oroville; zoning "A-5". 2, A public hearing date was set for January 13, 1981 at :10:00 a,m, for consideration of David A. Wilson petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home on AP 65-07-26, 6341 Rambling Way, Magalia area; zoning "TM-5". 1Q5 APPROVE VARIANCE RENEWAL On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the petition of Martha J. Davis for renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for place- ment of a mobile home on AP 46-10-4-006, 1299 E. Humboldt Avenue, Chico area, zoning "A-2" was approved for a period of one year. Page 468.. December 16, 1980 December 16, 1980 80. 1957 APPROVE GENERAL ASSISTANCE VARIANCE 3 On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the General Assistance variance-.for a total of $464.02 as requested by Welfare Director Bob Crisan was approved. APPROVE PUBLIC WORKS ITEMS - ADOPT RESOLUTIONS 80-266 AND 80-266A 1. Approved plans and specifications for a traffic signal install- ation at the intersection of East Park Avenue and Fair Street, Project ~k52231-79-1; authorized the Chairman and Director of Public Works to sign said plans; adopted the wage scale; and set bid opening for January 8, 1981 at 11:00 a.m. in the Public Works Office. 2. .Adopted Resolution 80-266 authorizing application to CalTrans for fund allocation for Dayton Road relocation grade separation project (work order 8025); and authorized the Chairman to sign; Adopted Resolution 80-266A concerning the ability to award the contract for an estimated amount of the project at $629,000 with 80% state funding, 10% Southern Pacific, 5% City of Chico and 5% county, and ~autliorized the Chairman to sign. 3. Awarded the'Oroville'_Transt System operations contract bid to Oroville Bus Lines in the amount of $14.95 per vehicle hour to operate two buses on a fixed route, eleven hours per day, five days per week basis with annual amount not to exceed $85,000, Public Works recommends cutting back the-Oro Express service to twelve hours per day as cost saving measure; no action taken. 1959 ADOPT RESOLUTION 80-267 SETTING PUBLIC HEARING DATE FOR ABANDONMENT On motion of Supervisor Dolan, seconded by Supervisor Wheeler and unanimously carried, Resolution 80-267 setting a public hearing date of January 20, 1981 at 10:00 a.m. for consideration of the Mat Mathews abandon- ment of public utilities and recreational easement, Paradise Pines, Unit ~k5, Lot 38 was adopted and the Chairman authorized to sign. APPROVE CANCELLATION OF LANA CONSERVATION ACT CONTRACTS BETWEEN SOPER-WHEELER AND BUTTE COUNTY On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, pursuant to Government Code Part 1, Division 1, Title 5, Section 51282,5 whereby land has been zoned Timber Preserve and been recorded in the office of Sutte County Recorder per Section 51117 of Government Code, the contract under-the Land Conservation Act between Soper- Wheeler and Butte County be immediately cancelled was approved. 196 WAIVE SECOND READING AND ADOPT ORDINANCE 2173 CONTROLLING VEHICULAR PARKING RESTRICTIONS AROUND PARADISE JUSTICE COURT AND MEMORIAL HALL BUILDING COMPLE% On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the second reading of an ordinance was waived; and Ordinance 2173 controlling vehicular parking restrictions around the Paradise Justice Court and Memorial Hall building complex was adopted and the Chairman authorized to sign. WAIVE FIRST READING OF ORDINANCE INCREASING MILEAGE ALLOWANCE TO GRAND JURY MEMBERS TO 24C PER MILE_ On motion of Supervisor Wheeler, seconded by Supervisor Dolan and unanimously carried, the first reading of an ordinance increasing the mileage allowance to Grand Jury members to 24~ per mile was approved. 196 WAIVE FIRST READING OF ORDINANCE CONCERNING DESIGNATION AND ENFORCEMENT OF HANDICAPPED PARKING AREAS Dan Blackstock, county counsel, set out the background on the pro- posed ordinance. If people park within the three sections provided for the handicapped and do not have a special license they will receive an infraction. Page 469. December 16, 1980 Aecember 16, 1980 80. Daniel Peterson stated he had moved to this area about 14 months ago. ~, In Wgoming he worked on the Handicap Awareness Program. He spoke regarding the difficulty of the handicapped. to obtain parking. He has noticed violators *%~ but was unable to locate an agency who would enforce it. Chairman Lemke stated to make the ordinance more effective each city would have to adopt a similar ordinance. On motion of Supervisor Winston, seconded by Supervisor-Dolan and unanimously carried, the first reading of an ordinance concerning the designation and enforcement of handicapped parking areas was waived. After the second reading and adoption of the ordinance a letter is to be sent to each city within the county and a copy of the ordinance suggesting they adopt a similar ordinance. APPROVE APPOINTMENT5T0 BUTTE COUNTY MOS UITO ABATEMENT DISTRICT On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, the following appointments to the Butte County Mosquito Abatement District were approved: Ray Norby,,Supervisorial District 2 Thomas Edgar, Supervisorial District 3 Gary 3usteson, Supervisorial District 4 1965 APPROVE APPOINTMENT TO PARADISE MEMORIAL HALL COMMITTEE On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the appointment of Harvey Wallace to the Paradise Memorial Hall Committee was approved. 1966 APPROVE APPOINTMENT TO NORTHERN CALIFORNIA HEALTH SYSTEMS AGENCY BOARD OF AIRECTORS On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, the appointment of Leonard Coy to the Northern Calif- ornia Health Systems Agency Board of Directors was approved. 1967IAPPROVE APPOINTMENT.. TO AREA II DEVELOPMENTAL.,DTSABII~I'•.fIES_PLANNING BOARD On motion of Chairman Lemke, seconded by Supervisor Winston and unanimously carried, the appointment of Louis Cleary as a parent member on the Area II Developmental Disabilities Planning Board was approved. 1968 MOTION OF INTENT TO ENTER INTO DATA PROCESSING FACILITIES MANAGEMENT ~REE- MENT WITH SYSTEMS AND COMPUTER TECHNOLOGY (SCT) - CANCEL CJIS GRANT WITH FUNDS TO BE RETURNED TO RESERVE ACCOUNT Consideration of the data processing facilities management agree- ment with Systems and Computer Technology (SCT) was held at this time. Supervisor Wheeler stated before any action is taken regarding the SCT agreement she would like to report on the most recent Data Processing Committee meeting. They want what is best for Butte County. There are tvo individuals who have been disrupting the efforts of the Committee. They have been personally asked by the Board to continue attending the meetings. Because of the continued disruptions it h8s been difficult for the committee to make progress. The continuing controversy has created a situation of studies, investigations and, in general, no advancemento There was a motion by Supervisor Wheeler, seconded by Supervisor Winston, for a motion of intent for the County of Butte to enter into a contract for facilities management with the Systems and Computer Technology Corporation as proposed in County Counsel's mailout to the Board; to insure Butte County of the best possible contract negotiation, to provide for amend- ments to the contract based upon;recommendations of the user community; hereby, Page 4J©. December 1980 80- December 16, 1980 requesting information be submitted in writing to County Counsel's Office by January 9, 1981 so that the Board may execute the contract with SCT on January 20, 1981; also, to take into consideration any recommendations that may be forthcoming from the Grand Jury, elected officials or any county users as it relates to Data Processing; a letter be sent to SCT waiving the January 1. phaseback date currently in the contract was approved. Dan Blackstock, county counsel, stated January 9th must be a deadline as he needs to analyze them and report back to the Board on January 13, 1981. The proposals must meet with the approval of SCT. Supervisor Winston stated the letters from Carl Leverenz and Robert Hewitt be referred to County Counsel fora report back. Vote on motion: AYES: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke Motion unanimously carried. Supervisor Wheeler stated she would like to respond to the CJIS grant. She was responsible for creating this monster. It appears when the new administration takes over in January there will be a drying up of funds as they do not Zook at LEAA grants kindly. The total grant was $249,368 with $146,474, Federal contribution; $1,471, State Contribution; and $101,423, local contribution. This will be a return of $90,000 returned to the county reserve. There was a motion by Supervisor Wheeler, seconded by Supervisor Winston, to 1) cancellation of the CJIS grant; 2) direct the Personnel Director to issue lay-off notices to the individuals effected; and 3) that $90,000 be returned to the local reserve account. Clif Mickelson, administrative officer, stated he felt the diff- erence from the initial $90,000 to $101,000 was because of wage increases and benefits. Supervisor Wheeler stated she saw an octopus growing that will in effect eat into the general fund. She has talked with other law enforcement agencies and they are very shakey and not interested in putting money into the project. Supervisor Dolan stated this was a surprise and off the agenda item. The only information she had was the letter from Mr. Hewitt. She did not have enough information. It was granted by a majority vote, but she would like to talk with the involved members. Vote on motion: 19&9 AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: None ABSTAINING: Supervisor Dolan ADOPT RESOLUTION 80-268 REGARDING SOUTHSIDE EL MEDIO DITCH PROJECT - APPROVE GRANT AGREEMENT On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, Resolution 80-268 giving authorization from the Board of Supervisors for a loan for recently formed assessment district in south Oroville EI Medio Ditch project was adopted and the Chairman anthorized to sign; the Farmers Home Administration grant agreement for South Oroville ditch was approved and the Chairman authorized to sign. Page 471. December 1S, 1980 80- 1970 a December 16, 1980 COMMUNICATIONS Butte Creek Canyon rezone, .Letters in opposition to the rezone .have been received from Maxine Ferguson, Laurie A. Loney, Mrs. Vo M. Innis, W. van de Kamp and Linda Velasquez. Handled earlier in the meeting. Waodsman of California, Inc., Chico. The firm writes requesting the placement of an interim industrial zone on their property located on Hedstrom Way, east of Highway 99, north of Chico. Interim ordinance adopted on December 9, 1980. Jack Williamson, Chico. Mr. Williamson writes protesting the proposed non- renawal of the Land Conservation Act Agreement between the county and Anthony Santos, et ux. Referred to County Counsel far written response to Mr, Williamson. Helen Rawlin, Chico. Ms. Rawlin writes protesting the notice of intended nonrenewal of the Land Conservation Act Agreement between the county and Anthony Santos, et ux. Referred to County Counsel for written response to Mrs. Rawlin. Merrill A, Burt, Gridley. Mr. Burt writes requesting that portions of his property, AP 28-23-9 and 28-09-2, be considered for immediate termination from his Williamson Act contract. Referred to Land Conservation Act Committee. Arroyo Federated Women's Club of Chico. The Club writes expressing their concerns with regard to observation of reserving parking spaces for handicapped persons. Handled earlier in the meeting. Butte County Veterans Council. The Council writes forwarding its resolution requesting the Board of Supervisors reinstate veteran's preference in Butte County hiring policies. Aiscussion; Personnel Director to report back after meeting with Council. Frank A. Waskey, Chico, Mr. Waskey writes tendering his resignation from the CETAC Youth Council. Information; letter of appreciation to . be sent to Mr. Waskey. Butte County Mosquito Abatement District. The district advised of the resignation of James Shelby from the Board of Trustees effective January 12, 1981. Information; letter of appreciation to be sent Mr. Shelby. Oroville Judicial District. Judge Rix writes requesting that the Board consider authorizing three additional clerical positions for the court. Referred to Administrative Office for report back on the cost. To include Gridley Judicial District request> City of Chico. The city forwards its Resolution 94 authorizing Butte County officers to cancel any and all portions of any taxes, penalties and costs of uncollected taxes levied on the city's behalf. Information; no action taken. Ceorge Robison, attorney at law. The attorney, on behalf of Nicholas M, Garcia, forwards a claim in the amount of $1,000,000 as a result of alleged injuries sustained on or about September 2, 1980 as a result of the arrest of the claimant. .See motion following commun- ications. Law Offices of Jordan N. Peckham. The attorney, on behalf of Howard Smith, ~ files application for a late claim and claim for damages in the Page 472,. December 16, 1980 December 16, 1980 80_ ~ amount of $200,000~as a result of alleged injuries sustained on or b about June 30, 1980. See motion following communications. Law Offices of Jordan N. Peckham. The attorney, on behalf of Wade Wynn and Debra Wynn, file application fora late claim and claim in the amount of $200,000 as a result of alleged damages incurred as a result of an arrest on or about August 4, 1980. See motion following communications. haw Office of John N. Bach. The attorney, on behalf of James Twiggs, files a claim in the amount of $250,000 plus other expenses and damages as a result of alleged damages incurred in a cat bite incident on August 20, 1980. See motion following communications. County of Marin, The county forwards its ordinance for Board consideration with regard to the transport of nuclear waste materials. Discussion; CSAC is working on this situation. Slower, Roster & Lotspeich, certified public accountants. The accountants forward the following audits: County of Butte financial statements; revenue sharing funds financial statements; Juvenile Hall school lunch, breakfast and special milk programs; Butte County Association of Governments; and State Transit Assistance Fund. Referred to Administrative Office for report back on responses from various departments. State Department of Parks and Recreation. The department advises of the nomination of St. John's Episcopal Church for consideration to the National Register of Historic Places and requests comments, See motion following communications. Copy of information to be forwarded to church in Magalia. Office of the Secretary of the Treasury - Office of Revenue Sharing. The department forwards information concerning the reauthorization of the Revenue Sharing Program and requests that the statement of assurances be signed in order to receive revenue sharing payments. Information; Chairman to sign necessary assurance. William C. Teie, county fire warden, submits a memo regarding assistance in reporting fires. Information; no action taken. Howard Snyder, environmental health housing inspector, submits a memo in regards to the nuisance abatement on Lincoln Street, Oroville. Information; no action taken. City of Chico writes regarding the Chico Redevelopment Agency funding. Information; discussion; no action taken. 197 REJECT CLAIM - NICHOLAS M. GARCIA On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, the claim of Nicholas M. Garcia in the amount of $1,000,000 as a result of alleged injuries sustained on or about September 2, 1980 as a result of arrest of claimant was rejected; and referred to County Counsel and Risk Managment Coordinator. REJECT LA~ICT=QT'M'~:~Z~HOW~`1i39SMITEi On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the late:-_claim::.of,.:Haward~--Smith in the amount of $200,000 as a result of alleged injuries sustai~ied on or about June 30, 1980 was rejected; and referred to County Counsel and Risk Management Coordinator. Page ~4~3. December 16, 1980 December 16, 1980 80_1973 REJECT IATE CLAIM - WADE AND DEBRA WYNN {~ On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the late claim of Wade .Wynn and Debra Wynn in the amount of $200,000 as a re suit of alleged damages incurred as result of arrest oa or about- August 4, 1980 was rejected; and referred to County Counsel and Risk Management Coordinator. 1974 REJECT CLAIM - JAMES TWIGGS On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the claim of James Twiggs in the amount of $250,000 plus other expenses and damages as result of alleged damages ".incurred in cat bite incident on August 20, 1980 was rejected; and referred to County Counsel and Risk Management Coordinator. 1975 MOTION OF SUPPORT FOR ST. 30HN'S EPISCOPAL CHURCH TO BE CONSIDERED TO TkIE NATIONAL REGISTER OF HISTORIC PLACES On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, a motion of support for St. John's Episcopal Church to be considered to the National Register of Historic Places was approved. 1976 ADOPT. RESOLUTION 80-269 IN APPRECIATION OF GEORGE GILBERT$ YEARS OF SERVICE ON THE PLANNING COMMISSION On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, Resolution 80-269 in appreciation of George Gilbert's 16 years of service on the Planning Commission was adopted and the Chairman authorized. to sign. 1977 SUPERVISOR WINSTON PRO TEM CHAIRMAN TO SIGN RESOLUTION FOR MR. GILBERT On motion of Chairman Lemke, seconded by Supervisor Wheeler and unanimously carried,,Supervisor Winston elected to pro tem chairman to sign resolution of Planning Commissioner George Gilbert was approved. ADJOURNMENT There being nothing further before the Board at this time, the meeting was adjourned at 6:03 p.m. to reconvene on January 6, 1981 at 9:00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK- RBCO ER and ex-officio G1erk Board of Supervisors G Chairman, Board of S/ ervisors By Page 474. .December 16, 1980