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HomeMy WebLinkAboutM011679January 16, 1979 OF CALIFORNIA ) SS. OF BUTTE ) 79= ~! The Board of Supervisors met at 9:00 a.m. pursuant to.adjournment. Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke. C1if Mickelson, administrative officer; Dan Blackstock, county counsel; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board. 77 78 Pledge of Allegiance to the Flag of the United States of America Tnvocation by Supervisor Moseley APPROVAL OF MINUTES On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the minutes of January 9, 1979 were approved as mailed, ADOPT ORDINANCE 1994: WAIVE SECOND READING SALARY ORDINANCE AMENDMENT On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, the second reading of salary ordinance amendment that modifies some entry Ievel classifications and wage rates to conform to the CETA average wage index; estabiishes a rate for the CETA instructors; and increases the extra help rate for pharmacist was waived; Ordinance 1994 was adopted and the Chairman authorized to sign. 79 AUTHORIZE PURCHASE OF PING PONG TABLE - MENTAL HEALTH SERVICES On motion of Supervisar Winston, seconded by Supervisor Dolan and unanimously carried, the purchase of a ping pong table at a cost not to exceed $110 with the cost~to be offset by foregoing the purchase of a file cabinet for the Mental Health Services was authorized. 80 DECLARE BUILDING SURPLUS AND AUTHORTZE DEMOLITION On motion of Supervisor Winston, seconded by Supervisor Dolan unanimously carried, warehouse building 002-022 at County Center was ared surplus and demolition was authorized, 81ADOPT RESOLUTION 79-8 DECLARING COUNTY SERVICE AREA NOo 57 .(BERRY CREEK FIRE On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, Resolution 79.8 declaring County Service Area No. 57 (Berry Creek fire hydrants) proposal defeated was adopted and the Chairman authorized to sign. 82 A public hearing date of January 30, 1979 at 10:00 a.m. was set for consideration of Fred C, Gates petition for variance to Sections 19-10 and/or 19-12 of the Butte County Code for placement of a mobile home at 1131 Grand Avenue, Oroville, AP 3I-25-3-041. Zoning: A-2. 83 AUTHORIZE_ESTABLTSHMENT OF ALCOHOL RECOVERY PROGRAM WORK ACTIVITY Clif Mickelson, administrative officer, set out the background of the alcohol recovery program work activity at this time. This will be paid for by Short-Doyle money. They have not been getting the level of janitorial services needed. The alternative would be another half-time ignitor, On motion of Supervisor Winston, seconded by Supertrisor Moseley nd unanimously carried, the establishment of a paid work activity within he Alcohol Recovery Program and the Detox Program for clients to be paid t the rate of $2,65 per hour oa an extra help basis was authorized. -Page 56. January 16, 1979 January 16, 1979 79r 84 v! 85 86 87 88 ADOPT RESOLUTION 79-9 GIVING NOTICE OF INTENTION TO SELL TAX DEEDED PROPERTY On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, Resolution 79-9 giving notice of intention to sell tax deeded property.(AP 62-50-107, 108 and 109,. minimum bid $1,972); {AP 62-40-010, minimum bid $1,207); (AP 62-53-012, minimum bid $540); and (AP 41-29-034, minimum bid $1,148) was adopted and the Chairman authorized to sign. APPROVE RIGHT-OF-WAY ACQUISITION - AGREEMENT FOR SALE - CLARK ROAD PROJECT 57452-74-2 On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the following right-of-way acquisition agreements for sale for the Clark Road Project 57452-74-2 were approved and the Chairman authorized to sign and the Auditor authorized to issue warrants upon demand of county's escrow agent: Janet L. Scuitti 0.026 acre $$736 -0- Impr. Total $736 Jack Keel et a1 O.Oi9 acre $911. -0- Tmpr. Total $911 ADOPT RESOLUTION 79-10 FOR SUMMARY ABANDONMENT FORA PORTION OF COHASSET ROAD NO LONGER NEEDED FOR ROAD PURPOSES On motion of Supervisor Moseley, seconded by Supervisor Dolan and unanimously carried, Resolution 79-10 for summary abandonment for a portion of Cohasset Road no longer need for Road purposed was adopted and the Chairman authorized to sign. ADOPT RESOLUTION 79-11 ACCEPTING 1978-79 FEAERAL-AID SECONDARY (FAS) APPORTIONMENT ANA STATE HIGHWAX ACCOUNT MATCHING FUNDS APPORTIONMENT TO BUTTE COUNTY Clay Castleberry, public works director, set out the background of the 1978-79 Federal-aid secondary {FAS) apportionment and state highway account matching funds apportionment to Butte County. In October there will be another FAS allocation of about the same amount as for this year. He hoped that the county could combine two years' supply of FAS money into one contract. The provisions allow that if a county down the state is not ready, another county might take their allocation of FAS money and spend it and return the FAS money to them the following-year. He may bring this to the Board if there is a means of making a year or two on the Skyway. They might be able to go at least 5-I/2 miles with the county's money in October and if they could use someone else's money for one year the county might get to Neal Road in one large project. He will bring this matter back to the Board at a later date. On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, Resolution 79-11 accepting the 1978-79 FAS ($346,141) and state highway account matching funds ($100,000) apportionment to Butte County was adopted and the Chairman authorized to sign. ALLOW PUBLIC WORKS DIRECTOR TO SET BID OPENING DATE AT A TIME TO COINCIDE WITH RECEIPT OF AUTHORIZATION FROM CALTRANS FOR CLARK ROAD (ELLIOTT TO BILLS) - PROJECT N0. 57452-74-3 (RIGHT-OF-WAY CLEARING IN PREPARATION FOR UTILITY RELOCATION PRIOR TO FOUR-CANING OF CLARK ROAD Clay Castleberry,. public works director, set out the project at this time. This would be a bid for clearing of the trees necessary. The second phase would be a contract for curb, gutter and sidewalk assessment district and the thi=d phase would be contract the road work. This is a federal aid urban project with 80~ urban money and the remaining $85,000 of SB 325 money. The project is needed, He hoped the Board would authorize this project at this timed of going to bid on the clearing part of the project after right-of-way clearance for the project. He believed the project was necesary enoeigh_that he would want to came back with Page 57. January 16, 1979 January 16, 1979 79 89 90 91 either after the budget year with funds from some other sources to do the project because it is that important. This part of the project could be started. The portion of the project that will have to be addressed at some time is the need for SB 325 funds. Letter from Edward Falkenstein regarding support of the project was read at this time, On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, the Public Works Director was allowed to set the bid opening date at a time to coincide with receipt of authorization from CALTRANS for Clark Road (Elliott to Sille), Project No. 57452-74-3 (right-of-way clearing in preparation for utility relocation prior to Clark Road four-laving). AUTHORIZE PREPARATION OF BUDGET TRANSFER FOR ADDITIONAL SURVEX MAPS: BUDGET DEFICIENCY FOR MAPPING COMPLETED LAST YEAR; AND ADDITIONAL SURVEYS, TESTING AND MAPPING IF NECESSARX WITH FUNDING TO COME FROM THE RESERVE FOR THE NEAL ROAD LANDFILL Clay Castleberry, public works director, stated that his office is in the process of depositing $16,000 as final payment for cover material for the Neal Road landfill. This will not be a drain on property taxes. Clif Nickelson, administrative officer, stated that the $16,000 check will go into the general fund and the money must come out of the reserve to pay for this request, Mr. Castleberry stated that the existing site will last until about 1986 by making a mountain 40 feet higher than the road. The contract asks that the present contractor take care of this. The replacement site will not require a plastic liner for the site. The county will need 20 additional acres for leach ponds. After the county is finished with the site they must still leach for about ten years. One of the items that will be part of the construction completion will be gas vents;. to prevent explosion. and danger to people using the site later, Some sites in the state are now commercially marketing the gas with gas companies. The county is still in good shape. This is the only county that does not put property tax into refuse disposal. On motion of Supervisor Moseley, seconded by Supervisor Wheeler and unanimously carried, authorization for preparation of a budget transfer for additional survey maps, $1,500; budget deficiency for mapping completed last jtear, $1,700; and additional surveys, testing and mapping if necessary, $5,000 with funding to come from the reserve for the Neal Road landfill was made. REPORT ON CORRESPONDENCE FROM DEPARTMENT OF WATER RESOURCES RE: ANGEL SLOUGH Clay Castleberry, public works director, stated that he received a call from the Department of Water Resources regarding Angel Slough. They have been to the site between Ord Ferry Road and River Road. They have advised the property owner that he has not done anything wrong. He has advised Mr. Madigan and the property owner of his conversation with Department of Water Resources. ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Chairman Lemke stated that there is property off Pentz Road down Gate in Paradise where there is a proposed subdivision of five lots. A sixth lot will be created as not a part of the subdivision, The owner is asking if one of the conditions, the one-half street section, and Page 58. Janixary 16, 1979 79- $` _ _ _ _ _ _ _ _ _ _ _ ... W January 16 _ 1979 curb, gutter and sidewalk could be deleted, He asked Mr, Castleberry for an opinion on this area. Mr. Castleberry stated that maybe they could use the covenant or a note on the map.. If there is only one parcel and the other adjacent parcel does not appear to be developing this might be the answer. Supervisor Wheeler asked Mr. Castleberry to look into what is happening in other parts of the state regarding the use of refuse for fuel and make a report on the matter. CLOSED PUBLIC HEARING: BUTTE COUNTY BOARD OF SUPERVISORS' PROPOSED AMENDMENT TO THE BUTTE COUNTY CODE, CHAPTER 24 AMENDING THE FOLLOWING ZONING .DISTRICTS TO ALLOW MOBILE HOMES: "A-R" (AGRICULTURAL RESIDENTIAL), "AR-5" (AGRICULTURAL RESIDENTTAL), "A-SR" (AGRICULTURAL-SUBURBAN RESIDENTIAL), "H-C" (HIGHWAY COMMERCIAL), "R-1" (SINGLE FAMILY RESIDENTIAL), "R-1 A&C" (MINIMUM DENSITY RESIDENTIAL, ARTS .AND CRAFTS), "R-2" (DUPLEX RESIDENTIAL), "R-3" (MINIM[IM DENSITX RESIDENTIAL), "R-4 (MAXIMUM DENSITY RESIDENTIAL - RESTRICTED SERVICE), "S-R" (SUBURBAN RESIDENTIAL), "Slt-1/2 " (SUBURBAN RESIDENTIAL), "SR-1" ESUBURBAN RESIDENTIAL), "R-N" (RESIDENTIAL NONCONFORMING~_ The c~msed public hearing on the Butte County Board of Supervisors° proposed amendment to the Butte County Code, Cha.gter 24 amending the following zoning districts to allow mobile homes': "A-R" (agricultural residential), "AR-5" (agricultural residential), "A-SR" (agricultural- suburban residential), "H-C" (highway commercial), "R-1" (single family residential), "R-1 A&C" (minimum density residential, arts & crafts), "R-2" (duplex residential), "R-3" (minimum density residential), "R-4" (maximum density residential - restricted service), "S-R" (suburban residential), "SR-1/2 (suburban residential), "SR-1" (suburban residential), "R-N" (residential nonconforming} was held as coni#inuedd. Discussion of the testimony of the previous hearing held at this time. Chairman Lemke stated that he had listened to the tape of the public hearing. 92 Supervisor Moseley stated that Frank Brazil and DeVere Pace both spoke in favor of the amendment at last week's hearing. She felt that there may be some zones that should be eliminated, She felt this was a good way to help people. Supervisor Winston stated that he was opposed to the amendment. For every person that appeared at the hearing for this there were probably 50 people against it. He felt that the ordinance would be a further erosion of preserving certain areas for single family dwellings. Chairman Lemke advised that he had talked with many people in Paradise who were opposed to the ordinance. This is the first indication that he has had that there are people in other parts of the county that are opposed to the ordinance amendment. Supervisor Wheeler stated that she had received more call against the amendment than for it. Supervisor Dolan skated that she had received a lot of input regarding the matter. She felt the present method is adequate. She could not go along with allowing mobile homes in all zones. Chairman Lemke felt that the solution in the single family zones would be the guest house provision. It allows a 500 foot guest house, with no kitchen facilities. Possibly the Board could consider a provision that would allow cooking facilities in the guest house, Page 59. January 16, 1979 79 'd 93 January 16, 1979 On motion of Supervisor Winston, seconded by Supervisor Dolan .and carried, the ordinance amendment as detailed in memo from the Planning 'Director dated November 16., 1978 was denied, AYES: Supervisors Dolan, Wheeler and Winston. NOES: Supervisor Moseley and Chairman Lemke. APPROVE LAND CONSERVATION ACT AGREEMENTS ' On motion of Supervisor xinston, seconded by Supervisor Dolan and unanimously carried, the following Land Conservation Act agreements were approved and the Chairman authorized to sign: Mead Orchards Inc. Decker Orchards Inc. Bertagna Orchards Inc. Ronald and Domina Owens 94 95 96 PUBLIC HEARING DATES SET The following public hearing dates were set: 1. A public hearing date of February 6, 1979 at 10:00 a.m. was set for consideration of Lake Madrone Water District proposed negative declaration and rezone from "A-2" (general) and "TM-5" (timber-mountain - five acre parcels to "R-C" (resource-conservation) property located along both sides of Berry Creek, west of Oroville Quincy Highway, all containing 18 acres, more or less, northeast of Oroville, California. 2. A public hearing date of January 30, 1979 at 10:15 a.m. was set for consideration of Fred Watson proposed negative declaration and rezone from "A-2" (general) to "SR-1" (suburban residential - one acre parcels) property located on the south side of Keefer Road, approximately 3/4 mile west of Garner Lane, identified as AP 47-32-21, containing 25.7 acres, more or less, north of Chico. ADOPT ORDINANCE 1995 AMENDMENT TO BUTTE COUNTY CODE SECTION 24-190 (TPZ-160 Bettye Blair, planning ,director, set out the proposed amendment at this time. The county has only one TPZ zoning district. She has prepared a resolution setting out the procedures for the TPZ zone. The consideration of adoption of the resolution continued to January 23, 1979. On motion of Supervisor Winston, seconded by Supervisor'Aheeler and unanimously carried, Ordinance 1995 amendmng Butte County Code Section 24-190 (TPZ-I60 timber preserve zone) by deleting "a" as written and amending to read: "a" Housing units that would be compatible to timber uses. was adopted and the Chairman authorized to sign. +~AIVE FIRST READING OF ORDINANCE DELETING BOARD OF ZONING ADJUSTMENT AND ADDING DUTIES TO. PLANNING COM[~LCSSION Dan Blackstock, county counsel, explained how the transition From the Board of Zoning Adjustment to the Planning Commission would take place. The matters would continue to be scheduled i~efore the Board if Zoning Adjustment until after the ordinance went into effect and then could be scheduled before the Planning Commmission. This would carry through the middle of February. There would be no delayso This ordinace sill be a simple ordinance abolishing the Board of Zoning Adjustment. Che procedure provisions of the County Code will be eliminating reference .o the Board of Zoning Adjustment and putting in Planning Commission. On motion of Supervisor Winston, seconded by Supervisor Dolan end unanimously carried, the first reading of the ordinance abolishing Page 60. January 16, 1979 79- 3 97 98 99 January 16, 1979 the Board of Zoning. Adjustment and incorporating their duties with the^ c Planning Commission was waived. REFER AGRICULTURAL ADVISORY COMMISSION RECOMMENDATION REGARDING PROPOSED CHANGES IN AGRICULTURAL PRESERVE IN.THE_COUNTY TO. PLANNING DEPARTMENT ANA AGRICULTURAL ADVISORY COMMISSION-FOR FURTHER MEETING Bettye Blair, planning director, advised the Board that she had met with the Agricultural Advisory Commission regarding the proposed changes in the agricultural preserve in the county. She explained the problem and proposal of the agricultural committee to amend the designation of the agricultural preserves. She was not sure if the Commission understood what the intent was. The recommendation to the Commission was that all property west of Hwy 99 be designated one agricultural preserve. On the east side of Hwy 99 those properties in agricultural preserves could be individual preserves into themselves. This would be preferable than in having the entire county in an agricultural preserve, The Commission was desirous of having all property used for agriculture put into agricul- turaZ preserves. This is not going to be physically possible. Mrs. Blair did not believe there was any part .of the county that was not designated as part of a preserve, The proposal was to delineate an~'r area exclusive of the urban areas on the General Plan and west of Hwy 99 and designate that as an agricultural preserve. On the east side of Hwy 99 each agreement would be in an individual preserve. She would Like to meet with the Agricultural Advisory Commission again to discuss the matter. The Agricultural Advisory Commission recommendation regarding proposed changes in the agricultural preserve in the county was referred to the Planning Department and the Agricultural Advisory Commission for further meeting and study. ADDITIONAL MATTER PRESENTED BY CHAIRMAN LEMKE Chairman Lemke stated that last year the Board proposed that zoning be required for a use permit and later found that it would be unworkable and removed that policy from zoning hearings. He has been advised that there is a possible misconception of the action that the Board tooko Planning is putting on the condition that the applicant for a use permit apply for and diligently pursue zoning. Bettye Blair, planning director, stated that this was not a condition on a use permit but was on parcel maps and subdivision mapsa She had sent a memo to the Board requesting clarification as to whether zoning should be required. It was the Board's action that rezoning would not be required at the time of application. The Board came back later and wanted to condition prior to zoning. .She has been conditioning the maps that applicant apply for and seek zoning. Chairman Lemke will discuss the matter at a later date with the Planning Director. RECESS: 9:55 aom, RECONVENE: 10:05 a.m. PUBLIC HEARING: CONSIDERATION OF PROPOSED NEGATIVE DECLARATION FOR FOOTHILL BOULEVARD RECONSTRUCTION PROJECT (PROJECT NOo 21514-78-1) FROM 0.1 MILE NORTH OF LOWER WYANDOTTE ROAD TO 0.5 MILE SOUTH OF ORO-BANGOR HIGHWAY, OROVILLE .The public hearing on the consideration ofjproposed negative declaration for Foothill Boulevard reconstruction project (Project No. 21514-78-1) from 0.1 mile north of Lower Wyandotte Road to 0.5 mile south of Oro-Bangor Highway, Oroville was~'1ie1d as advertised, Page 61. January 16, 1979 79;- b'I January 16, 1979 Earl Nelson, environmental review director, set out the background of the negative declaration. The project is the widening of a-road in the south Oroville area. In reviewing the impacts, there were no impacts. There were no significant environmental effects. He asked that the Board also appxove the project at this time so that his office can file a notice of determination. The project does not fall under categorically exempt as it is not within the existing rights:-bf,-way, Hearing open to the public. Appearing: No one. Clay Cast~:~berry, public works director, stated that the federal people did classify the project as categorically exempt. This is a federally funded project, Hearing closed to the public and confined to the Board. 100 On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, finding the proposed project could not have a significant effect on the environment3 a negative declaration was adopted. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the Foothill Boulevard reconstruction project (Project No, 21514-78-1) from 0.1 mile north of Lower Wyandotte Road to 0,05 mile south of Oro-Bangor Highway, Oroville was approved. Mr. Castleberry stated that he would still bring the project back for plan approval at a later date, Mr. Nelson stated that when a notice of determination is filed anyone has 30 days to file an action regarding the environmental aspects of the project. PUBLIC HEARING: CLEM W. TRENT - APPEAL OF NEGATIVE DECLARATION AND APPEAL OF CONDITION ~~6 ON USE PERMIT TO ALLOW A RECREATIONAL VEHICLE PARK ON PROPERTY ZONED "A-2" (GENERAL) LOCATED ON THE WEST SIDE OF HUMBUG ROAD APPROXIMATELY ONE-HALF MILE SOUTH OF SKYWAY, IDENTIFIED AS AP 65-OS-25 NORTH OF PARADISE The public hearing on the Clem W. Trent appeal of negative declaration and appeal of condition ~~6 on use permit to allow a recreational vehicle park on groperty zoned "A-2" (general) located on the west side of Humbug Road approximately one-half, mile south of Skyway, identified as AP 65-08-25 north of Paradise was held as advertised. Earl Nelson, environmental review director, set out the background of the negative declaration. The project is a proposal for a recreational vehicle and travel trailer park with 41 spaces proposed. It will occupy 6-1/2 acres of a 21 acre parcel. This parcel is located on the rim of Butte Creek Canyon. There are some environmental concerns. There will be a change in the characteristic of the area. There will be an increase to traffic and noise< There will be a possiblity of erosion and a potential for trespassing by users of the park. The area is in a lightly populated part of the county. The road is not presently improved to county standards and one of the mitigation measures is to improve the road. The magnitude ~f the environmental concerns can be reduced by mitigation measures.. ?, negative declaration is recommended, Bettye Blair, planning director, set out the background of the project. The Board has received copies of the Board of Zoning Adjustment minutes and staff findings. Posted on the Board are exhibits presented at the Board of Zoning Adjustment hearingo Page 62. January 16, 1979 January lb, 1979 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ = T = _ _ - - - - _ _ _ _ = _ ~ W Hearing open to the public. Appearing: 1, Mrs. Trent. Mrs. Trent spoke in favor of the use permit. She is willing to put a fence in between Mr. McKeen's property and theirs. She objected to the paving of Humbug Road. 'The length of their property is about 1,400 feet. This would work a hardship on them to do the whole road themselves. They would not be the only ones using the road. PG&E uses the road as well as private citizens. There are pot holes caused by traffic. She can see that something has to be done with the road. 2. Harry McKeen. Mr. McKeen stated that all of the exhibits on the Board were presented at the Board of Zoning Adjustment hearing. He appealed the negative declaration for the reason that he feels there are significant envirozunental impacts on the project that could not be mitigated. He understood that part of the condition was that Mr. Trent was to pave Humbug Road to Skyway. Nothing was ever considered south of the park. Anyone going to use the park are creating additional traffic problems on Humbug Road south. He presented an additional exhibit at this time. This exhibit points out that no one was notified on Humbug Road. He set out the areas of notification at this timed He felt that the notification process was wrong. Mr. McKeen set out the road conditions on Humbug Road, There is a 30 foot slope, During the winter anyone forced to the edge of the road will go into the gutter. The road is also dangerous in the summer. You cannot ~r on the gravel at a 30 foot sloped He has reservations that the impacts regarding the soil and water could be entirely mitigated by the stipulations on the permit. There is a forest fire potential. The land use portion of the General Plan speaks to fire protection with clarity. There is a severe fire danger in the area. He agreed that water must be available. The noise element was nat addressed in the environmental review. The area is sparsely developed, Noise carries a great distance in that area. He did not feel~a. commercial development in a rural area was warranted, He did not feel this was a viable project. Mro McKeen felt that an EIR should be required. Supervisor Moseley questioned Mr. McKeen regarding what he used his property for. Mr. McKeen stated that he grew Christmas trees. He :has a tree farm for the trees and timber products. 3. Mrs. McKeen. Mrs. McKees assumed that the requirement for the fence would be a 6 foot cyclone fence.-SHe thought that they would have to provide water. She questioned where the directional signs would be placed. There are a lot of problems with signs on the Skyway. They have to be back 55 feet from the centerline. Hearing closed to the public and confined to-the Board. Chairman Lemke presented ~w~ettetefrgm Russell A. Sasse in apposition to the use permit. He had received a call from Larry Lillefjeld apposed to the project, Supervisor Winston stated that there are many uses in the "A-2 " zone that do not require a use permit. Many of these are worse than a recreational vehicle park. The Board does not have a complete handle on shat is going ono Recreational vehicle parks are becoming more and more popular. There has to be a place far people who require the use of these oarksa He is aware that the road is narrow. Page b3. January 16, 1979 79~- a January 16, 1979 - - - - - - - - - - - - - - - - - - - ~ _ _ _ _ _ _ _ _ _ - W - ~ _ Supervisor Dolan stated that she agreed with Supervisor Winston as to the uses allowed in "A-2" zoning. She felt that the Board should consider physical characteristic of the area. She felt that the use permit would be growth inducing business and did not think it was appropriate. She felt that the appeal of the negative declaration should be granted. Supervisor Dolan did notfee~ the project and use were appropriate. She felt that the other commercial ventures in the area were different. Supervisor Moseley felt that this would be taking from one person the right of another. The people have a right to use their land. There are cars driving into the McKeen property that create dust problems. In the "A-2" zone they could bring in something that did not need a use permit. Supervisor Winston felt that there are major recreational facilities around the area. There is a precedent in the immediate area. Chairman Lemke felt that in order for him to be able to vote for the use permit the fencing requirement and the pavi~-g requirement would be necessary. The paving would cost a lot of money but a recreational vehicle park would create a lot of traffic. On motion of Supervisor Winston, seconded by Supervisor Wheeler and carried, the appeal of Clem Trent on condition ~~6 on a use permit was denied. AXES: Supervisors Dolan, Wheeler, Winston and Chairman Lemke. NOES: Supervisor Moseley. It was moved by Supervisor Dylan that the appeal of Harry McKeen regarding the negative declaration and use permit be approved as the intensity is appropriate. Motion dies for lack of second. On motion of Supervisor Wa.nston, seconded by Supervisor Moseley and carried, the appeal of Harry McKeen regarding the negative declaration was denied; with the findings that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this ease because the following mitigation measures have been added to the project: 1. An adequate water supply tested on.a sustained basis shall be proven for domestic use and for fire protection. 2. The fea~liiai3y of a septic system for the proposal must be cleared with the Butte County Environmental Health Department and the State Regional Water Quality Control Board. 3. The applicant shall comply with the requirements of the responsible state agencies including the State Department of Housing and Community Development and the State Regional Water Quality Control Board. 4. If adequate water and/or leachfield area is unavailable to serve the proposal, the number of campground spaces shall be reduced to feasible number. 5. Natural vegetation be preserved except in the actual areas of physical development and as needed for fire protection. 6. Pave Humbug Road back to existing pavement on-County road to RS-4-B Standards: i.e. Min. 8" aggregate base & 2" A.C. Submit plans to Page 64.. January 16, 1979 79- a~ 101 January 16, I979 Department of Public Works for approval. 7. Provide for drainage at proposed park to nearest natural drain- age course. Submit plans to Department of Public Works for approval, finding that the proposed use 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, surround properties or detrimental to the health or general welfare of the persons residing or working in. the neighborhood or to the general health, welfare and safety of the County the use permit was approved subject to the following conditions: I. .An adequate water supply tested on a sustained basis shall be proven for domestic use and for fire protection. 2. The feasibility of a septic system for the proposal must be cleared with the Butte County Environmental Health Department and the State Regional Water Quality Control Board. 3> The applicant shall comply with the requirements of the responsible state agencies including the State Department of Housing and Community Development and the State Regional Water Quality Control Board. 4. If adequate water and/or leachfield area is unavailable to serve the proposal, the number of campground spaces shall be reduced to feasible numbex. 5. Natural vegetation be preserved except in the actual areas of physical development and as needed for fire protection. 6, Pave Humbug Road back to existing pavement on County road to RS-4-B Standards: i.e. Min. 8" aggregate base & 2" A.C. Submit plans to Department of Public Works for approval. 7. Provide for drainage at proposed park to nearest natural drain- age course. S4laimmttp~'aasstooDDppatment o£ Public Works for approval. So Fence perffrmeter of developed park. Fence to be located no closer than 50 ft. from centerline of Humbug Road. 9. Lights to be shielded so as not to disturb adjoining properties, 10. Applicant must also comply with all other applicable State and local statutes, ordinances and regulations. AYES.: Supervisors Moseley, Wheeler, Winston and Chairman Lemke NOES: Supervisor Dolan The public hearing on the 1979-80 Community Development Block Grant preapplication was held as advertisedo harry Brools~, administrative office, set out the background of the preapplication. The regulations require that the Board conduct two public hearings. They do not have the formal proposal to put forward at this time. There will be something next week, This is a continuance of the rehabilitation program in both Chapmantown and south Oroville. They will be augmented with public works new construction. They are moving north of the project area in Chapmantown in the direction of Virginia Street. between Voucher and Wisconsin Streets. There will be a~review by HUD. During the final phase there will also be public hearings. They will be working with the City of Chico. Page 65. January 16, 1979 79- $' 102 January 16, 1979 Hearing open to the public. Appearing: No one. Hearing closed to the public and confined to the Board. No action necessary at this time. There will be another public hearing held on the matter. AflOPTGORDIN~INGE 1996: PUBLIC HEARING: FRANK G. BENNETT - REVIEW OF PREVIOUSLX CERTIFIED FINAL ENVIRONMENTAL IMPACT REPOBT AND REZONE FROM "A-2" (GENERAL) TO "SR-1"' (SUBURBAN RESIDENTIAL - ONE ACRE PARCELS) PROPERLY LOCATED ON SOUTHWEST CORNER OF GARNER :LAi~ AND KEEFE.R ROAD, IDENTIFIED AS AP 47-26-171 CONTAINING 102.46 ACRES MORE OR LESS CHICO The public hearing on the Frank G. Bennett review of previously certified final environmental impact report and rezone from "A-2" (general) to "SR-1" (suburban residential - one acre parcels) property located on southwest corner of Garner Lane and Keefer Road, identified as AP 47-26-171, containing 102.46 acres, more or less, Chico was held as advertised, Earl Nelson, environmental review director, set out the background of the environmental impact report. There have been a series of approvals with this project. This started with the withdrawal from the Williamson Act and the first unit of Rancho DeThunder Subdivision, It is a request for zoning that coincides with the property, An EIR was prepared. The impacts relate to conversion of agricultural land and describe the character transition to residential. During the time of the withdrawal from the Williamson-Act the question of agricultural land was discussed. It is not the most productive soil and was considered as well as encroachment and the decision was made at that time to allow withdrawal from the Williamson Act. The rezoning is a followup. No ddcision is necessary on the EIR. Bettye Blair, planning director, set out the background of the rezone. This is a result of a condition of approval on a subdivision map. Two maps have been filed as tentative xnap and one final map has been filed. Hearing open to the public. Appearing: 1. Dr. Frank Bennett. Dr. Bennett stated that this application for rezone is going along with the county today. The Board has taken action to rezone north of Rock Creek "A-40", west of Hwy 99E, "A-20° or "A-40"a They have been trying to provide buffer zones between higher density and agricultural areas. This one acre zoning is pretty .much in compliance with thato When the land use element is completed, Dr. Bennet felt that this area would be designated rural residential which is one acre minimum. This rezone is in compliance with the present seneral Plan. Higher density is not desirable and the percolatd~on is not there. Db~:-Bennett set out the costs regarding the project to date. ie felt-that the Board in requiring paving should be commended. The first part of the project is in. A11 of the utilities are underground. 2. John Luvvas. Mr. Luwas, representing the Chico 2000, stated that the people in Chico are concerned about the problems of careful planning. He did not feel that the area was prime agricultural land. Phe subdivision trend has become in the past several years a thing of _xpensive homes. It is going to be a place where people who have a lot ~f money are going to be chosing to live, He questioned the need for expensive homes. There. are over 500 homes on the Chico market. The sulk of them are in the upper price range.. The people are not going to Page 66. January 16, 1979 79'- a be able to buy the homes. The Chico 2000 is not taking a position for or against this project. There are several questions that need to be raised. Are we looking at a greater distance to travel? If the outlying areas are developed there will be a need to travel more miles by car. and use more energy. The question is does this Board have a duty to the county to help to conserve energy? There will be more air pollution with more travel. The county is taking some good steps to try to curb air pollution and then there is this type of proposal. One of the main goals of the Chico 2000 is to fight government spending to public services to those in the boon docks. The best way to fight government spending is to minimuze sprawling development. The developer pays for the road in front of the property. Who pays for the road to and from the development? This is a major new traffic source and can the public afford it? Supervisor Winston stated that the Board is considering rezoning from "A-2" to "SR-1". The project is permissible in the "A-2" zone., The project is a fact.. All the Board is doing is making a determination if they wish to put more restrictive zoning on the property. If the area is left in "A-2" there will still be one acre lots but there will be ,additional problems. RECESS: ,11:21 a.m. RECONVENE: 11:35 a.mo Mr. Luvvas stated that he had wanted to take this opportunity to point out the property tax implications in the community. He did not believe that government has the duty or the right to spend taxpayers money to provide public services in outlying urban area so He felt that it was in the public interest to require development as close to the urban areas as possibleo Dre Sennett stated that the houses in the subdivision are modestly priced.homeso These are not maitsionso He is providing decent lots and modest homeso There are 14 homes out there in the $50,000 area that are all sold. Dr. Bennett suggested that the Board and Mr. Luvvas read an article in the Harper 1979 magazine regarding planning processeso Hearing closed to the public and confined to the Boardo On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, having reviewed and considered the Final EIR for Rancho de Thunder Subdivision previously certified by the Board of Supervisors on August 9, 1977, as having been completed in compliance with the require- ments of the California Environmental Quality Act, State Environmental Impact Report Guidelines and the Butte County Environmental Review Guilel;ines, the following findings were made: to The aforementioned Rancho de Thunder EIR is applicable to the rezone currently under consideration, and adeq:gately describes the anticipated environmental consequences of the current proposal. Use of the prior EIR is specifically provided for in Section 15067 of the State EIR Guidelines. 2, Development which occurs in the rezone area may result in significant effects on the environment in the areas of loss of marginally productive agricultural lands, increases in local traffic, and increases in demands for public services including off-site road improvements. These impacts are not significant when just the project "site itself is considered, but are significant when considered cumulativly in relation to the same impacts of similar pr~egce ~S7now existing in the area and other January 16, 1979 79- a January 16, 1979- _ _ _ _ _ ~ _ ~ - ~ ~ ~ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ future projects which may follow on other vacant lands in the area. 3, Project alternatives listed in the EIR are either not applicable to the current project (a 'rezone), infeasible, undesireable for social or economic reasons, or not environmentally superior to the project as modified. Specific responses to the alternatives listed on page 18 of the EIR are as follows: Alternative 1. Development by parcel map (repeated four by four divisions). This alternative development process could occur under the present zoning and under the zoning sought in this. application. Potential for this to occur is therefore not affected by the rezone. Alternative 2. Minimum lot size could be increase to five acres. This would reduce many of the anticipated environmental effects, but would not fulfill the project objective of ultimately providing a total of 76 .rural residential homesites, and would adversely affect the cost/revenue ratio from the standpoint of the project proponent. The number of homesites possible under this alternative would be reduced to approximately 30. Alternative 3. Naa~Fnaj<ect. _.Thscwai~3:dcretanathe enrfent A-2: zoning, tlihieh~:;usl+Zessdvestri:ctive thanathec.zoning requesfednin:ithseacti.on, but taouid no't ful:ii'~theproj Alternative 4. Curvilinear streets and cul-de-sacs. This alternative relates to subdivision design and not to the zoning. This change was incorporated into the existing Unit No. 1 of the Rancho de Thunder Subdivision, Although there may be significant adrrerse environmental effects resulting from development which may occur in-the area following this rezone, there are overriding considerations which justify project approval. These overriding considerations include a finding that the area is only marginally asitted for agricultural use, and prior approval of other rural residential developments in the area has reduced the economic viability of agriculture in the areaE~be.eause of urban encroachment. The transition of the area to residential use appears to have proceeded beyond the point of being reversible. ~, The rezone as proposed is in conformance with all of the elements of the Butte County=General Plan. ing made the findings previously listed, the rezone from "A-2" (general) "SR-1" (suburban residential - one acre parcels) property located on the thwest corner of Garner Lane and Keefer Road, identified as AP 47-26-171, taming 102,46 acres, more or less, Chico was approved; Ordinance 1996 adopted and the Chairman authorized to sign. 103 UBLIC HEARING: ROBERT BRAUN - CONSIDERATION OF PROPOSED NEGATIVE DECLARATION ND APPEAL OF ADVISORY AGENCY'S CONDITIONS 2, 3, 4 AND 10 ON TENTATIVE PARCEL P, AP 55-25-23, FOUR LOTS, NORTHEAST QUARTER OF SECTION 34, T22N, R3E, The public hearing on the Rabert Braun consideration of proposed ative declaration and appeal of Advisory Agency's conditions 2, 3, 4 10 on tentative parcel map, AP 55-25-23, four lots, noxtheast quarter Section 34, T22N, R3E, Paradise was held as advertised. Earl Nelson, environmental review director, set out the background the negative declaration. His office recommended a negative declaration. Advisory Agency upon review~~et68•checklist decided on a conditional January 16, 1979 79'- v'i January 16, 1979 negative declaration. This was because it is a rural area south of Paradise and there was a oz7eenr. about the "A-2" zoning and the potential for splitting the lots smallero There was a condition placed on the project. that 20 acre zoning be applied for. Clay Castleberry, public works director, set out the background of the parcel map. This parcel is I60 acres near the old dump site, This would be divided into four lotsa The other conditions are regarding road construction. Hearing open to the public. Appearing: Robert Braun. Mr. Braun stated that about five years ago he appeared before the Board and this property was zoned "AR-5". He felt that the "AR-5" was the proper zoning for the property. It was then zoned to "A-2", He felt that the requirement to have 20 acre lot size was quite restxictive. He would prefer a five acre minimum. He did not feel that it should be his responsiblity to rezone the area to put it back to what itr was five years ago. He stated that he would like to have five acre zoning and is going to put in covenant restrictions to limit tie density. There is a two-way traversable road in the area. It does not need too much improvement. He did not have the funds to put the one-quarter section in at this timed The road should be widened and a couple of culverts put in. He felt that the requirement should be to each parcel instead of through each parcel. He was not opposed to the condition to provide a deceleration lane on one sided He did not feel there was a need for one on each side of the roado He was not opposed to the negative declaration. Hearing closed to the public and confined to the Board, Bettye Blair, planning director, stated that at the Advisory Agency meeting the suggested mitigation measure was large parcel zoning. The committee chose to come up .with a minimum parcel size. Looking at the terrain, a portion of the property could not be developed into 10 acre parcels. Mr. Castleberry stated that the condition for a standard road approach is not a decel~ra#~iaznnlane. The applicant should contact the state and apply for a driveway for this. Since this is a state highway the county is telling the applicant to contact the state for the. safety in the area. He felt that it would be reasonable to work up a covenant for the parcel map. It was.moved by Supervisor Dolan that the conditional negative declaration be approved and the appeal be approved with the elimination of condition ~k3 and changing condition ~k2 to pursue large lot zoning 5 to 20 acre zoning; condition ~~4 change the word through to read: to; and leave condition ~~10 and work with Department of Public Works with all other conditions to remain the same with the applicant to provide contour map so consideration of zoning can take place in the 5 to 20 acre parcels. Mrs. Blair stated that she would prefer to see designated zoning unless the applicant provides a detailed contour map. Supervisor Winston felt that the Board would still have a handle on the parceling of the property if someone came in later for a parcel map. He did not feel the requirement for the zoning was necessary. Motion dies for lack of second. Page 6~;b January 16, 1979 January 16, 1979 On motion of Supervisor Winston, seconded by Supervisor Moseley and carried, the appeal of Robert Braun regarding. conditions ~~2 and ~~3 was upheld and the conditions were deleted; condition d~4 was changed to read: Provide two-way traversable access RS-8-LD I tA~each parcel from a county maintained road or state highway; and addendum to be added to condition #10 that standard road approach be provided. with code requirements and agreement with Department of Public Works. AYES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke. NOES: Supervisor Dolan. 104 PUBLIC HEARING: RONALD SAVER - APPEAL OI' ADVISORY AGENCY'S CONDITIONS 1, 5 and 6 ON TENTATIVE CONDOMINIUM SUBDIVISION,. AP 42-07-75 ,. ONE PARCEL, LOCATED AT THE NORTHWEST CORNER OF ALAMO AND EAST AVENUE. CHICO The public hearing on the Ronald Sauer appeal of Advisory Agency's conditions17,55 and 6 on te~tive: condominium subdivision, AP 42-07-75, one parcel, located at the northwest corner of Alamo and East Avenue, Chico was held at this time. Clay Castleberry, public works director, set out the background of the conditions on the giapcelThis is an existing tri-plex. Mr. Sauer is proposing to divide through the condominium subdivision. This is not within the drainage district. Hearing open to the public. Appearing:' Everd McCain, representing Mr. Sauer. Mr. McCain stated that this is a three unit condominium that exists. This is a legal change and not a physical change. The applicant is not against putting in off-site improvements. These improvements could cause local problems and cause expenditure of money for temporary measures. The area needs the mot ifiation to create a drainage district. The applicant is willing to record a covenant on the 9-1/2 acre adjoining parcel. Mr, McCain suggested that on conditions 1, 5 and b the wording be put in to read: bond or provide a covenant agreement_for required conditions. Hearing closed to the public and confined to the Board. ''i 105 On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the appeal of Ronald Sauer was upheld subject to the following changes in the conditions: 1, .Submit road and drainage plans to the Department of Public Works for approval .and bond and/or provide a covenant agreement, subject to approval by counsel, for the required facilities. 5. Bond and/or provide covenanC agreement, subject to approval by counsel, for street section on East Avenue to 4-lane section including curb, gutter and sidewalk. Minimum structural section to be 3" AC and 9" AB, SC 250 prime and fog seal and 95~ relative compaction. Submit design to County Department of Public Works for approval. "R" value determina- tions and other data may be required to support section designo b. Bond and/or provide covenant agreement, subject. to approval by counsel, half street section on Alamo Avenue to RS-2 Local access road standard with vertical curb, gutter, and sidewalk and 2" AC, 8" AB, SC 250 prime and fog seal. APPEARANCE: PATRICK PORGANS ?r~ Mr, Porgans spoke regarding development and prime agricultural land, Mr. Porgans is a research analyst for SEPA. Some members of this Board realize that his orgamiezation make factual information on population. The Board approved the northwest Chico rezone of about 500 acres of prime agricultural land. He cannot find the need for this action, He could Page ~~0, January 16, 1979 January 16, 1979 79- d' T06 '! 107 not see where residential development is paying for itself. It is quite apparent in light of Proposition 13 that the government must consider costs. To ignore this is to allow further erosion of local control on land use. This could result in the Toss of federal and state funds upon which this county is dependent upon. Mr. Porgans suggested that the Board might wish to consider changing the time for persons wishing to speak to 9:00 a.m. instead of 11:00 aom. filing. Mr. Porgans left a copy of the progress report on SEPA for APPEARANCE• DON BLAKE Mr. Blake spoke regarding the Energy Commission hearings on the PG&E proposed coal fired plant. There is now discussion of alternative sites. The question brought up is are these alternatives to each other or are they in total to the alternative of Montezuma site. The staff of the Energy Commission said they are alternatives to each other. Assuming the four northern California sites get through the NOI are we talking about one or four plants? The answer is they-are talking about four sites. Mr. Blake asked if the central va-Tlay was going to be used for power production or for agricultural production? The NOI will be completed in a few months. If all four sites go through the NOI process, PG&E will be able to bank three sites for future use. This is the only process PG&E will have to go through. Supervisor Lemke stated that PG&E had said that they would bank the other three sites. This is no surprise. RECESS: 12:40 p.m. RECONVENE: 2:00 p.m. APPEARANCE: WARREN T. AMBROSE: REQUIRE CHARGING OF FEES THE SAME AS OTHERS UNDER SIMILAR CIRCUMSTANCES IN THE COUNTY PAY IN ACCORDANCE WITH THE ORDINANCE Mr. A3nb~aose stated that he is in the process of developing Monte Vista mobile home subdivision. When he started the project he check into what would be required. He was accompaaidd by Jim Love to the Building Department. He-asked what permits were needed. He was advised that the only building permit needed was for the clubhouse and the cost would be around $~fl0. He has spent over $7,000 for fees with OWID and North Burbank Utility District. The Building Department is now ~9aying they want more money to cover permits and inspections. A11 of the work necessary can be done in one trip on the final inspection. This is a $30 fee. For this alone the cost will be $2,460. He would like relief from the other hidden costs he was not aware of. He is not asking for relief from the $30 fee. The total cost will be $113.50 for each lot. Clay Castleberry, public works director, stated that Mr. Ambrose came to his office yesterday. There has been a misunderstanding. He was told that mobile home pexuv.ts would not be required for development. They are not required by the county but are issued by the Department of Housing. The county does set fees for mobile home permits on lots. The Department of Housing is responsible for mobile home parksa The Board has come up with fees that pays for the Building Department. Mr. Ambrose has 80 mobile homes. This would be identical to Ke11y Ridge Estates. Mr. Castleberry stated that he did not question the fee of $113.50 for each lot. He did not know who Mr, Apobrose spoke to, Page• 77}~ January 16,..1979 79- a los 109 110 111 112 113 3anuary 16_, 1979 On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, the refund of fees for Mr. Ambrose was denied. On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the previous motion was to have Mr. Ambrose charged the same fees chapged others under similar circumstances in the county with appropriate fees in accordance with the ordinance. WAIVE FIRST READING OF ORDINANCE EXEMPTING BUTTE COUNTY FROM PROVISIONS OF AB 231 CONCERNING PLANTING OF TREES OR SHRUBS AND INTERFERENCE WITH SOLAR HEATING On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, the first reading of the ordinance exempting Butte County from provisions of AB 231 concerning planting of trees or shrubs and interference with solar heating was waived. CONSIDERATION OF RESOLUTION ADDING RULE 30 THROUGH RULE 32 OF THE RULES OF THE BUTTE COUNTY ASSESSMENT APPEALS BOARD TAKEN OFF AGENDA WITH COUNSEL TO BRING BACK TO THE BOARD AT A LATER DATE Dan Blackstock, county counsel, asked that consideration of the resolution adding Rule 30 through Rule 32 of the Rules of the Butte County Assessment Appeals-Board be taken off the agenda, He is having a meeting with the members of the Assessment Appeals Board regarding the proposed changes and review with the Assessor regarding the outstanding number of appeals. Matter taken off agenda for Counsel to bring back to the Board at a later date. APPROVE INCREASE IN PER HOUR RATE FOR CONTRACT WITH PRICE, BURNESS AND PRICE FOR LEGAL SERVICES On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, the rate increase to $55 per hour for the contract with Price, Burness and Price for legal services was approved. APPOINTMENT TO BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT CONTINUED. TO JANUARY 23, 1979 The appointment to the Butte County Mosquito Abatement District was continued to January 23, 1979. APPOINTMENT TO OROVTLLE MOS UITO ABATEMENT DISTRICT On motion of Supervisor Winston, seconded by Supervisor Wheeler and unanimously carried, Catherine Bosredon was ,appointed a member of the Oroville Mosquito Abatement District. APPOINTMENTS TO MENTAL HEALTH ADVISORY BOARD On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, the following were appointed as members of the Mental Health Advisory Board: Jim Austin Alan Burchett John Polsan Sa11y Boyd Tom Wagstaff Page 72~ 3anuary 16, 1979 7a' 114 115 January l6, 1979 APPOTNTNTiENT TO LAW LIBRARY TRUSTEES On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, Robert V. Blade was appointed to the Law Library Trustees. APPOINTMENTS TO BANGOR CEMETERY DISTRICT On motion of Supervisor Moseley, seconded by Supervisor Winston and unanimously carried, the following were reappointed to the Bangor Cemetery District: We E. Rominger Cleo Russell Mrs. Wayne Clem '! 116 117 I18 i 119 APPOINTMEN'P TO PARADISE MEMORIAL HALL ;COMMITTEE On motion of Supervisor Winston, seconded by Supervisor Moseley and unanimously carried, Ray M. Griffin was appointed to the Paradise Memorial Hall Committee. APPOINTMENT TO BOARD OF ZONING ADJUSTMENT TAKEN OFF AGENDA sDhe appointments to the Board of Zoning Adjustment taken of€ agenda. APPROVE $500 APPROPRIATION FROM THE UNAPPROPRIATED RESERVE TO THE APPROPRIATE ACCOUNT IN THE BOARD OF SUPERVISORS' BUDGET FOR PARADISE MUNICIPAL ADVISORY COUNGj:L(MAC) BUDGETARY STEMS On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, a $500 appropriation from the unappropriated reserve was approved to be placed in the Board of Supervisors' budget gain the apgropriate account for the Paradise Municipal Council (MAC) budgetary items, DISCUSSION: REFUND OF APPLICATION FEES Discussion of refund of application fees held at this time. Bettye Blair, planning director, had sent a memo to the Board regarding this matter. If the Board choses to take no action, then the memo would go into effect. No action taken at this time. 120 CUH~iNICATI0N5 Harris, McCabe and Sanford, attorneys at law. The Attorneys, on behalf of Carmelita Adams, requests that the Board authorize a refund in the amount of $254.80 as a result of overpayment of documentary transfer taxes. See motion following communications. Paradise Municipal Advisory Council. The Council writes forwarding ':-cornsac.ioinfartnhtion~-onotiaen.dnvirmameatal!~fimpact report and proposed rezoning application of Kellogg, et al. Referred to Planning, Agricultural Advisory Commission, The Advisory Commission forwards their recommendation concerning proposed changes in agricultural preserve in the county. Matter handled earlier in the meeting, Rape Crisis Intervention, Chico. The Organization forwards its project report for the second quarter of the year. Information. Yuba County Water District. The District forwards its resolution requesting that the Board allocate general revenue sharing funds to the Distric~ The Board has cansistently refrained age 73.. January 16, 1979 79- 3 121 ( 122 123 3anuary 16, 1979 from using revenue sharing funds for on-going projects as a policy. State Department of Fish and Game. The Department forwards information concerning their intent to recommend an archery either sex. deer hunt at Gray Lodge-and the procedure for holding public hearings. See motion following communications. AUTHORIZE REFUND OF .OVERPAYMENT OF DOCUMENTARX TRANSFER TAXES TO CARMELITA ADMAS PROVIDED RECORDER WILL VERIFY THAT EXCESS WAS PAID On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, the refund of overpayment of documentary transfer taxes to Carmelita Adams in the amount of $254.50 was authorized provided Recorder will verify that excess was paid, SUPPORT. EITHER SEX DEER HUNT AT~GRAY LODGE AS RECOMMENDED BY STATE DEPARTMENT OF FISH AND GAME On motion of Supervisor Wheeler, seconded by Supervisor Winston and unanimously carried, the Board supported the recommendation by the State Department of Fists and Game to hold an archery either sex deer hunt at Gray Lodge. :~rrvllvr rLx~y~VNr:L SCREENING COMMITTH; FOR NEW EOC DIRECTOR On motion of Supervisor Dolan, seconded by Supervisor Moseley and unanimously carried, the following were appointed as a personnel screening committee for the new EOC Director: Penny Galloway 3ackie Mulholland Hilda Wheeler Anita Be11 .Toe Cram 124 ADDITIONAL MATTERS PRESENTED BY BOARD MEMBERS Supervisor Moseley asked if there could be an alternate appointed to the Sacramento Air Basin Air pollution CoIImmittee. Supervisor Dolan will be alternate to Supervisor Moseley for Committee. Supervisor Moseley stated that there was a question raised to changing the time from 11:00 a.mo to 9:00 a.m. for persons wishing speak to the Board. She asked if the Board were interested in changing timed Supervisor Winston stated that if the time were changed it ld throw the public hearings off schedule. The reason that the artment head items were placed first on the agenda was so that they ld not have to sit all day at the Board meeting. He did not feel t the time should be changed. It was felt that the time should not be changed. 125 UTHORIZE PARADISE STUDY GROUP ON LOCAL GOVERNMENT EFFICIENCY TO USE ARADISE MUNICIPAL ADVISORY COUNCIL (MAC) SPACE IN PARADISE BUILDING ND GRANTED PRIVILEGE WITH UNDERSTANDING THAT BOARD IS ADVISED THAT C 1]OF.G N(1`P RiTPPnRT r_nnTro On motion of Supervisor Winston, seconded by Supe rvisor Dolan unanimously carried, Paradise Study Group on Local Government iciency was authorized to use Paradise Municipal Advisory Council (MAC) ce at the Paradise building and granted privilege with the understanding t the Board is advised that MAC does not endorse study group. Page 74. January 16, 1979 -~\ j; January l6, 1979 79 126 CERTIFICATE OF APPRECIATION TO BE GIVEN TO DATA PROCESSING. EMPLOYEES '~'; On motion of Supervisor Winston, seconded by Supervisor Dolan and unanimously carried, the following Data Processing employees were to be given certificates df appreciation for their services to Butte County: Mi11ie::.Gro§s: Mike Gilcrist Ed Brown Jim Biggs Jim Warren Edmonda Johnson Molly Riddles Dorothy D'Andrea Carol Owsley Elaine McNichols Mandy Cuevas Ed Lupien Wayne Angel Gerry Bode Joyce Johnson Kay Schenk Don Sleeper Dallas Langlois Joan Healy Rosemary Harris Jim Mattingly Alice Roth Jim Whitted Phil Tanti EXECUTIVE SESSION: The Board recessed at 2:~4 p.m. to hold an executive session regarding litigation. RECONVENE: The Board reconvened at 3:26 pom. following an executive session regarding litigation. Counsel was given instructions regarding the case discussed. ADJOURNN~ENT There being nothing further before the Board the meeting was adjourned at 3:27 p.m. to reconvene on Tuesday, January 23, 1979 at 9:00 aom. ATTEST: CLARK A. NELSON, COUNTY CLERK RECORDER and ex-officio Clerk ~ ofe ~ r B ~f~. Chairman, Boar o upervisors y Page 750 January 16, 1979