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HomeMy WebLinkAboutM082774August 27, 1974 STATE OF CALIFORNIA COUNTY OF BUTTE SS. The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.. Present: Supervisors Cameron, Ladd, McKillop, Gilman and Chairman Madigan. Everett Bosworth, Assistant Administrative Officer, Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk by Debra Clanton, Deputy. Pledge of allegiance to the Flag of the United States of America. 74-1289 APPROVAL OF MINUTRS On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the minutes of August 20, 1974 were approved as mailed. 74-1290 COMMUNICATIONS ~-{.O ~ Mr. and Mxs. Grady C. Madden, Biggs. The Maddens .write in support of keeping - Cherry Avenue open. Letter to be held over until hearing. W.E. Owens, Chico. Mr. Owens sends copy of communication to the Public Works Y~ p,0 U Department re lack of drainage at his home on Palm Avenue, Chico. Referred to Clay Castleberry. O V John L. Luvaas, Jr., Chico. Mr. Luvaas writes in support of the Chico Area f ~3' Planning Commission. Discussed; no action taken. Pacific Telephone Company. The Company files two claims for damages because of underground utilities being struck by backhoe, owned by A.C. \ 60•Z'~ Construction, Inc. One is in the amount of $3,000 and the other in the amount of $2,000. Discussed. Referred to County Counsel. Butte County Department of Public health. Dr. Erlingheuser files copy of the 3 p ~ "Jail Standards Evaluation" report for the Butte County Juvenile Hall. Discussed; no action taken. California Water Service Company. Company files notice of application with the California Public Utilities Commission for increases in rates ~ ~ O '2'~ in the Oroville District. Discussed. The Board has opposed this previously. S erior California Comprehensive Health Planning Association. The Services 3 0, `s__~~ and Facilities Advisory Committee sends notice of public hearings ~'~" on the 1975 Facilities Plan. Discussed. Copies to be made for Board members. City of Chico. Mayor Riegel advised that the City Council unanimously supported the rezoning for the area located west of Chico city limits beCween ~~7j,0 O gig Chico Creek and Dayton Road. Discussed. To be filed until hearing. Department of Parks and Recreation. The Department advises that they have appropriated $95,500 Project Level Funds for upgrading the access 5 ~ D.~ v road to the Craig Area of Lake Oroville State Recreational Area. Local property owners are interested in forming an assessment district to provide fully paved access road to this area. Discussed. Congressman Harold T. (Bizz) Johnson. Mr. Johnson encloses the response from f 0 p.a„a. the Department of Agriculture re proposed mining regulations. Letter to be sent under Chairman's signature re amendments. Charles H. Frost, Feather Falls. Mr. Frost writes in support of Planning ~ ~ 3 p d Commission's decision re zoning of Feather Falls to TM-160. To be held until hearing. ~ Walter Fields, Feather Falls. Writes in support of the TM-160 zoning for the t ~ ~ b area. To be held until hearing. 13+~ d Michael F. Smith, Chico. Writes in support of the General Plan. Held for heaxing. 219 August 27, 1974 August 27, 1974 Robert A. Covington, San Bernardino County. Sends copy of their resolution which was sent to the Attorney General expressing concern over the O ~,~.~.. recent decision re non-attorney justice court judges and urges the Board of Supervisors to adopt a_similar resolution. Dan Blackstock, County Counsel, reported that he has written a report on this subject to give to the Board. He will try to get this report to them today so they may take action. C.G. Brandt, Administrator, Feather River Recreation and Park District. Mr. Brandt informs the Board of the minimum flow of water of the Feather / 0 O .S ~ River through Oroville and urges they express their feelings re returning the river to the pre-dam flow. Supervisor McKillop to receive a copy and will follow through on this. Albert M. King, Oroville. Encloses a Notice of Nonrenewal of Land Conservation O 0.?j 9 Agreement dated February 29, 1972 between Starkey Ranch and the County. / Referred to Assessor's office, with original to remain on file in the Clerk`s office. Mrs. Connie Rodrigues. Appeals the decision of the Planning Commission concerning the rezoning of her property for AR to AR-MH. Held over until Planning Director is present. James W. LaForce, Chico. Appeals the decision of the Planning Commission for a use permit to allow a miniature golf course on Garner Lane in Chico. Held over until Planning Director is present. Harold G. Mayfield, City Engineer, City of Gridley. Mr. Mayfield encloses a 0 ~ ~ y p copy of a resolution assigning new house numbers in Gridley. / Discussed; no action taken. 74-1291 DISCUSSION: SETTING ELECTION FOR COUNTY SERVICE AREA 51 Dan Blackstock, County Counsel, stated that the Board should act on this as soon as possible. He will prepare some information and have it back to the Board this afternoon so they can set the election and consolidate it. Discussion of boundaries of the area. The area was delineated and LAFCO approved it. The Board will set the tax rate election this afternoon. 74-1292 ITEMS PRESENTED BY BOARD MEMBERS Supervisor Gilman stated he had received a letter from Comprehensive Health Planning. They are in the process of planning an emergency services program for the southern counties similar to the one of the northern counties. They request that a Board member be appointed to go to the meeting. Supervisor Cameron was selected. Chairman Madigan stated that he had received a call from a citizen concerned about the conditions- at the jail. Tom Struthers was requested to appear at the meeting to answer some questions from the Board. Chairman Madigan also stated that he had been informed of a demonstration burn of a wheat field by the Air Resources Board in Sutter County. Supervisor Gilman explained the usefulness of these burn demonstrations. 74-1293 COUNTY COUNSEL: INFORMATION ITEMS Dan Blackstock explained the status of the third court judge bill, which is on the Senate floor and will be passed either tomorrow or the next day. He stated that the Senate fire protection bill is trying to be amended on the House floor. He will have more information for the Board later this afternoon. 220 August 27, 1974 August 27, 1974 74-1294 ADOPT RESOLUTION 74-118 -(a7 AMENDING ,RESOLUTION 74-109 RE .MOBILE HOMES Mr. Blackstock explained that the Planning Department has encountered problems concerning mobile home parks that are on land of less than five acres which is the minimum according to Resolution 74-109 passed last week. Discussion of resolving this matter. It was the consensus of the Board that the mattex should go through a variance procedure as with. a zoning ordinance. On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, Resolution 74-118 (a) amending Resolution"'74-109 re extension-of mobile home standards was adopted and the Chairman was authorized to sign. 74-1295 DISCUSSION: PROBLEM CONCERNING SACK REESE Dan Blackstock reported that he has met with Mx. Reese. Mr. Reese is still in violation but now with 5 lots instead of 8. This is to be referred to the Subdivision Committee to see if an agreement can be reached. 74-1296 APPROVE CONTRACT CONCERNING HEAD START L~ 0 ~ On motion of Supervisor McKillop, seconded by Supervisor Cameron and unanimously G carried, the contract for professional and technical services with Thelma Harms was approved and the Chairman was authorized to sign. 74-1297 APPEARANCE: .TOM STRUTHERS RE EQUIPMENT AT JAIL Tom Struthers, Purchasing Agent, explained that there is no big problem with the video equipment at the jail. There are four cameras and four monitors that need to be replaced next year. The conflict with the video is that there needs to be an installation of this video equipment in the juvenile section. Presently there is no video system in this area, and no money has been budgeted for this. Mr. Struthers was more concerned about the audio monitoring system. Each cell has a microphone in it that gives constant coverage of the cells. This equip- ment has not worked properly for quite some time. The Supervisors would like to have a cost replacement analysis for the equipment. Mr. Struthers will come back to the Board with a figure on the installation for the juvenile section. This will be in two weeks. 74-1298 APPROVE GRANT APPLICATION FOR CETA TITLE I FUNDING Supervisor Ladd expressed his reservations concerning this measure. He feels it is going to remove some of the perogatives the department heads have. aim Rackerby, Personnel Director, explained how this would effect elected officials. They are not subject to review by the Personnel Appeals Commission. This would change the lack of authority of the Board and the Personnel Appeals Commission to take care of unjust discharges by reinstatement or some other action. Mr. Rackerby explained that it was not their intent to bring_a rigid system into Butte County. This is to allow them to be more flexible. He feels that the current merit system is very good with a few exceptions. The final appeal would lie with the Board of Supervisors. On motion of Supervisor McKillop, seconded by Supervisor Caue ron and unanimously carried, the grant application for CETA Title I funding was approved and the Chairman was authorized to sign. 221 August 27, 1974 August 27, 1974 Recess: 10:00 a.m. Reconvene: 10:15 a.m. 74-1299 ADOPT ORDINANCE 1478 AMENDING THE SALARY ORDINANCE On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the second reading of the salary ordinance amendment was waived, OrdYnance 1478 amending the salary ordinance was adopted and the Chairman authorized to sign. 74-1300 AUTHORIZE AGREE[~NT WITH GENERAL APPRAISAL COMPANY Everett Bosworth, Assistant County Administrative Officer, explained this item to the Board. In his opinion, this would be money well spent. There has not been an appraisal done on the county equipment for at least 12 to 14 years. Clay Castleberry, Public Works Director, explained that the book value on much of his equipment is zero, yet it would cast quite a bit to replace it, even buying used equipment. Supervisor Ladd was concerned about the benefit of the appraisal in conjunction with the cost. Mike Pyeatt explained that in one case, the total loss of a grader to fire, the insurance company would only pay half of the replacement cost unless this appraisal was done. Mr. Bosworth explained that the appraisal would cost $1,350 which could be updated each year at a cost of $250. On motion of Supervisor Gilman, seconded by Supervisor Ladd and unanimously carried, the Board authorized the agreement with General Appraisal Company far appraisal of road equipment. 74-1301 ADOPT RESOLUTION 74-119 APPROVING RECREATION BOND ACT PRIORITY PLAN Supervisor Gilman was brought up to date regarding the actions of BCAG at their last meeting in regards to this matter. BCAG approved the projects as listed and recommended they be sent to the Board. Scott Tandy explained that if these projects were not approved immediately, there would be no funding for 1975-76 projects. Supervisor Gilman expressed his concern that the smaller districts receive less consideration in these matters. He also objected to the possibility of CARD receiving an additional 900 acres when they already have 2,500 acres. Discussion of project priorities. These may be changed. Supervisor Cameron reported that he heard on the radio that one has already been changed. On motion of Supervisor McKillop, seconded by Supervisor Cameron and carried, the Board adopted Resolution 74-119 approving priority plan for expenditure required by the State of California for allocation of funds for Recreation Sond Act of 1974 and authorized the Chairman to sign. AYES: Supervisors McKillop, Cameron, Ladd and Chairman Madigan. NOES: Supervisor Gilman. 74-1302 APPROVE AGREEMENT FOR LIBRARY CONSULTANT SERVICES Supervisor Ladd explained some of the recommendations of the consultant. The consultant estimated $384,000 just for the building. The sewer system, site preparation, paving, concrete and things of that nature were not estimated, but the figure. $55,000 was kicked around. The committee has discussed the possibility of asking for bids based on a one-line drawing with specifications as to what they want and the company furnishing the design and construction. This has been done in another county and worked out very well. They were able to complete their building"with no 'additional costs other than budgeted. Supervisor Ladd felt the agreement should be approved with the understanding that it can be terminated at the first payment. This is in the contract. 222 August 27, 1974 August 27, 1974 On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, the agreement fox library consultant services with Geller and Ross was approved and the Chairman was authorized to sign. 74-1303 ADOPT RESOLUTION 74-120 AND AUTHORIZE TRAVEL RE UESTS Mr. Bosworth requested that one travel request be added to this. It is from Bob Crisan, Welfare Director, fox 2 people to go to a foster care program in San Jose. On motion of Supervisor McKillop, seconded by Supervisor Gilman and unanimously carried, the following action was taken: 1. Adopted Resolution 74=-120 establishing Public Administrator revolving fund in the amount of $500. 2. Authorized travel request far Auditor'-ss,office:,for 3.people to learn special features of Univac 1810 data entry machines on September 3 and 4 in Sacramento at a cost of $140, which includes one night's lodging. Also authorized travel request for Welfare Department for Linda Waddell and Susan Ybanez for a foster care program to be held in San Jose, August 30 and 31 at a cost of $120,~including one night's lodging. 74-1304 APPROVED PUBLIC_WORKS ITEMS Discussion of state guidelines re relocation for rights of way. Clay Castleberry explained that they try to avoid houses that are being lived in whenever possible. County Counsel updated the Board on a case where a house must be moved for some public buildings to be built. It involves moving the lady that owns the house, finding her a house, etc. On motion of Supervisor Gilman, seconded by Supervisor McKillop and unanimously carried, the Board took the following action: 1. Adopted Resolution 74-121, maintenance of traffic signals, authorized the Chairman to sign and the Auditor to draw warrant in the amount of $2,500 and deposit with Department of Transportation. 2. Accepted Final map and offers of dedication on Indian Meadows Unit ~k4 subdivision (40 lots, located in Magalia). 3. Adopted Ordinance 1479 establishing speed limits on certain county roads and authorized Chairman to sign. 4. Waived the first reading of the ordinance establishing speed limits on Railroad Avenue, Brough Avenue to Biggs City limits. 5. Authorized transfer of $75.00 from road reserve to equipment section of budget to purchase hyster forklift from State Educational Agency for surplus property. 6. Adopted Resolution 74-122 adopting state relocation guidelines dated October 17, 1973 re right of way acquisition and authorized the Chairman to sign. 7. Approved agreements for sale, authorized the Chairman to sign and authorized Auditor to draw warrants upon demand of County's escrow agent on the following: Upper;Palermo_Rd.: B. Schoeneck 0.312 Ac. $375 No. Tmpr. $375 18503-73-1 Skyway A.D. X61 J. Drake Easement $225 " R. Halstrom " $648 $30 $678 " R. Taylor " $875 No $875 223 August 27, 1974 August 27, 1974 8. Authorized City of Chico to collect fees and do building inspections far 1859, 1871 and 1885 Hooker oak Ave.,.:Chieo (AP 45-40-24,-58). - - 9. Approved request that State Reclamation Board be advised that Items 2 and 3 are not county encroachments and that we advised the Reel amation Board that we will review Items 1 and 4. This item is in connection with the Sacramento River Floodway. 10. Adopted Resolution 74-123 authoxizing agreement between Butte County and Southern Pacific~Company for two storm drain crossings of SP right of way cozy tructed by the Assessment District. 74-1305 RESOLUTION OF GONDEMPIATION FOR STORM DRAIN EASEMENT LASSEN AVE. PUT OVER Mr. Castleberry explained that he has met with developers and the drain pipe has been ordered. He requests that this be held over. To be placed on agenda for September 10, 1974. 74-1306 PUBLIC WORKS: INFORMATTON ITEMS-_ a. Magalia Dam agreement with Paradise Irrigation District. Mr. Castleberry reported that he is encouraged with the negotiations. b. New state mandated rules for refuse disposal. Mr. Castleberry explained that he would like to go and speak on behalf of the Board regarding these rules at the meeting on October 18 in San Francisco. He will draft something for the Board to read before the meeting. c. Wyandotte Avenue and Forbestown Road slide. They have started backfilling. There was a great supply of water under the road but things are now under control. Mr. Castleberry mentioned that the funding for a study on the garbage program has ended and he hopes the Board would continue the funding. Mr. Castleberry would like to keep the man as he feels he has done an excellent job. Mr. Castleberry also explained that there needs to be more janitorial service at the hospital. He brought the Board up to date on the building permit backlog. They-are about two weeks behind and there will soon be personnel changes. 74-1307 APPEARANCE: MRS. 1ZAX HARRIS RE LACK OF COMPLIANCE WITH TERMS OF INJUNCTION SUIT SETTLEMENT ~/~ Mrs. Harris presented the Board members with copies of her statement. Mrs. Harris ' ~ ~ then proceeded to read this statement to the Board, utilizing a map to show the existing houses in the area. County Counsel explained the history of the matter. It involves a one-foot strip and a road being built in the area. The road is not yet completed. Mrs. Harris contends that the agreement has not been upheld. She stated that the agreement read that there was to be a one-foot strip around the perimeter of the property and she feels this should be what the county gets. She feels the Board has been mislead on several things in connection with this agreement. Mrs. Harris is also concerned about the ability of the Board to deny subdivison maps in regard to access if this one-foot strip is not upheld. Discussion. Supervisor Gilman questioned about an agreement dated after October 17, 1972 showing the changes made. There is none. Supervisor Gilman felt that a new agreement should have been prepared. Discussion of access roads in the area for times of emergency. The Board has attempted to ease the situation with a service area. This lawsuit can be dismissed after the road being built is completed and has been approved by Public Works. Mrs. Harris is opposed to this being done. County Counsel is to provide the. Board with Points and Authorities on this matter. 224 August 27, 1974 August 27, 1974 Recess: 12:00 p.m. Reconvene: 1:30 p.m. 74-1308 APPROVE TENTATTVE PARCEL MAPS RECOMMENDED FOR APPROVAL Tentative parcels maps recommended for approval discussed.. Supervisor Cameron had questions on the Jack Atkinson and Larry Young map. Mr. Lawson stated that men from Public Works have been working on this map. This is to be held over until they are present for questions from the Board. On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the following tentative parcel maps recommended for approval were approved, subject to the conditions and with the note that negative Environmental Impact Reports have been filed: Zoned Robert Thengvall, AP 29-11-22, 4 lots, southeast corner Fruitvale Ave. & 4th St., Richvale. Engineer: Gillett-Harris-Duranceau Assoc. Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative parcel map of the above identified property has been reviewed by the Butte County Subdivision Gommittee and the Planning Commission. The Subdivision Committee and Planning Gommission recommends approval of the tentative map, subject to the following conditions: 1. No development involving sewage disposal on these premises to be allowed unless connected to Richvale Sanitary Sewer District. 2. Deed to the County of Butte 40 ft. right-of-way measured from the centerline Midway. 3. Deed to the County of Butte 30 ft. right-of-way measured from the centerline of Fruitvale and Fourth. 4. Indicate 50 ft. building setback lines measured from the centerlines of Fruitvale and Fourth. 5. Indicate a 50 ft. building setback line measured from the centerline of Midway. 6. Indicate 50 ft. building setback lines measured from the centerline of the easements. 7. Sixty feet of access to be provided to Parcel ~4. A Negative Declaration Regarding Environmental Impact was filed with the County Clerk on July 29, 1974. Zoned A-3 James W. Arnold, AP 28-18-20, 4 lots, at the intersection of Upham Road and LaPorte Road, near Rackerby. Surveyor: Lester L. Levier Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative map of the above property has been reviewed by the Butte County Subdivision Committee and the Planning Commission. The Subdivision Committee and the Planning Commission recommends approval of the map, subject to the following conditions: 225 August 27, 1974 1. Deed to the County of Butte 30 ft. of right-of-way measured from the centerline of Upham Road, on Parcel 1, and 60 ft. of right-of-way where the parcel is on both sides of the road. 2. Indicate 50 ft. building setback lines measured from the centerline of Upham Rd. 3. Provide a 50 ft. septic tank setback measured from the edge of Robinson's Ravine. A Negative Declaration was filed with the County Clerk on July 29, 1974, Regarding Environmental Impact. 74-1309 SET PUBLIC HEARINGS On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, the following hearings were set subject to the appeals being timely filed for September 24, 1974 at 2100 p.m.: 1. Appeal by Mrs. Connie Rodrigues to Planning Commission's decision for rezone from AR to AR-MH for AP -36-31-0-039-0. 2. Appeal of James W. LaForce to Planning Commission's denial of use permit to allow a miniature golf course, recreation building and possible snack bar located on the west side of The Esplanade, approx. 2,000 feet north of Garner Zane, Chico, identified as AP 44-02-48. Supervisor Gilman questioned Mr. Lawson about the family tree report for the LaForce property that he had requested. Supervisor Gilman stated that he is opposed to this piece of agricultural land being broken up. Mr. Lawson stated that he feels it is time to get some established procedures for these matters. 74-1310 REPORT ON GOODMAN DESIST AND REFRAIN ORDER Mr. Lawson reported that he has received word that they have stipulated to the charges and will have a hearing in Sacramento around the third week in October. 74--7:311 DISCUSSION: REZONING OF HEGAN LANE Supervisor Gilman stated that it had been brought to his attention that a woman on Hegan Lane had requested exclusion of a 1-acre piece of her 25-acre parcel from the A-3 zoning which was approved by the Board recently. He explained that he had been under the impression that she wished to have the entire 25-acre parcel excluded when it was actually a 1-acre piece that her home is on. Discussion of solutions for this lady's problem. The Planning Director is to decide on the best answer to this problem and is to make a recommendation to the Board. 74-1312 DISCUSSION: REFUNDING OF LATE CAMPAIGN FILING PENALTIES BY COUNTY CLERK Mr. Nelson discussed a letter he had written to the Board on this matter. In the letter, he listed the people in the county who were late with their filing fees and their names had not appeared on the ballot. He would like to return the 3 fines, totaling $70, that was received from these people. These are people that are not paid by the county for holding office. Other counties are running into this same problem. 226 August 27, 1974 August 27, 1974 County Counsel stated he would like to get an opinion from the Attorney General`s office on this. Discussion. Gounty Counsel is to check for an irk ormal opinion from the Attorney Generals office on this matter and Mr. Nelson is to appear before the,Board for discussion on this before a decision is made. 74-1313 DISCUSSION: ATKINSON AND YOUNG MAP Mr. Lawson stated he had received a memo from Bill Cheff of Public Works regarding the Atkinson and Young map that was held over from this morning. He read the memo to the Board which explained the alternate conditions for the map. Supervisor Cameron requested that the map be held over to the next meeting for further study. 74-1314 PUBLIC HEARING: APPEAL OF JAN MCGREGOR OF DENIAL FOR USE PERMIT, PARADISE The public hearing on the appeal of denial of use permit for property on Pearson Road, Paradise, for storage yard by Jan McGregor was held as advertised. Mr. Lawson set .out the background on this matter. The Commission denied the use permit on a 6-2 vote, with 1 commissioner absent. This is a .5 acre parcel. Hearing opened to the public at this time. Appearing in favor: Jim Everhard. He presented pictures of the property to the Board to clarify the location of the property. He explained that the entire west is commercial. There is a mobile home park and another storage yard adjacent to this property. Jan McGregor, applicant, Paradise. He stated that as the property is now, it is an eyesore. He plans to put a fence around the property. The purpose of this use permit is to allow for storage of his equipment. He stated that the conditions of the use permit are agreeable to him. Hearing closed and confined to the Board. Supervisor Cameron explained that he had looked at the property and feels there is plenty of vision coming out onto the road. On motion of Supervisor Cameron, seconded by Supervisor McKillop and unanimously carried, the Board verified the appeal and approved the use permit for Jan McGregor to allow a storage yard on Pearson Road, Paradise. 74-1315 PUBLIC HEARING' NORCAL CABLEVISION, INC., APPEAL OF DENIAL OF USE PERMIT Mr. Lawson explained that this was for a cable TV reception tower. The use permit was denied by the Commission on a 5-4 vote. Hearing opened to the public. Appearing: Glen Honsvick, representative of Norcal, appearing in favor. He explained that ORCO has been looking for a site for this tower for about 5 years. This is to enable the company to receive the signals directly instead of going through a micxowave system. This will give better reception to the users of cable TV. 227 August 27, 1474 August 27, 1974 The site they have selected is in the Oaks Mobile Home Park on Olive Highway. It was selected by a specially equipped airplane. After they selected the site, they discovered they were in an agricultural zone. In order to be in a commercial zone, the tower need only be moved a few feet. However, this small move would cause problems with reception. This is why they applied for the use permit. Eventually, this tower will serve the entire area. Jane GTarmack, Mt. Ida Road, Oroville appearing against the use permit. A.T. Beall, Mt. Ida Road, appearing against the use permit. Russell Guiver, Olive Highway, appearing in favor. Verg Tolman, ORCO, appearing in favor. He explained that Table Mountain has been tested for five years in hopes of finding a good spot to locate this tower. Richard Warmack, opposed. Discussion o£ block house that will go with the antenna to house the electrical equipment. It will be similar to the one now on the levee. Elmer Ames, in favor. Hearing closed to the public. Supervisor Ladd stated he felt that an antenna on a house was just as unsightly as this one will be and felt that with this one tower, several home antennas will be eliminated. He pointed out that since the tower could have been moved quite easily to the commercial zone instead of going through the use permit process, this lead him to believe the site selected was the best. Discussion. On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, the Board approved the use permit for Norcal Cablevision Inc. to construct a 100 ft. TV antenna with the findings that the proposed use is a commercial use, which is permitted in the zone, and the proposed use will not be injurious or deleterious to the residents in the area and is not injurious to the health and welfare of the residents in the area. 74-1316 PUBLIC HEARING: FERGUSON INTERIM ZONING FOR PORTION OF GRIDLEY; ADOPT ORDINANCE 1480 aim Lawson, Planning Director, recommended that the interim zoning be extended. The zoning expires September 18. Hearing opened to the public. Appearing: no one. Hearing closed to the public and confined to the Board. On motion of Supervisor Ladd, seconded by Supervisor Gilman and unanimously carried, Ordinance 1480, an interim ordinance zoning a portion of the county of Butte an "S-1" (medium-density suburban residential) district, pursuant to Ordinance No. 475, as amended for a period of 120 days was adopted and the Chairman authorized to sign. 228 August 27, 1974 August 27, 1974 74-1317 PUBLIC HEARING: PETITION FOR RE UEST FOR VARIANCE FOR MOBILE HOME STEPHENS r~ Q y The public hearing on the peition for variance to provisions of Sections 19-ZO 1 and/or 19-12 of the County Code to allow Gerald Stephens to place a~:mobile home on property located in Stirling City was held as advertised. Howard Toussaint explained the petition. Hearing apened to the public. Appearing: Mrs. Gerald Stevens, applicant. The supervisors explained the conditions of the variance to Mrs. Stephens. Mr. Toussaint explained how she would be notified when her year is over and she must re-apply for the variance. Hearing closed to the public and confined to the Board. On motion of Supervisor Cameron, seconded by Supervisor Ladd and unanimously carried, the petition for variance to place a mobile home on property located on the Skyway, Stirling City, by Gerald Stephens, was approved on a one-year basis. Recess: 2:55 p.m. Reconvene: 3:05 p.m. 74-1318 PUBLIC HEARTNG: APPEAL OF E.I.R. FOR FEATHER FALLS DEVELOPMENT COMPANY I~ ?j.~ The public hearing on the appeal of Environmental Impact Report for Feather Falls Development Company was held as advertised. Mr. Lawson explained that the EIR Committee felt the comments made about the EIR were so general that they could not respond to them. Hearing opened to the public. Appearing: Ray Leonard, on behalf of Feather Falls Development Company. This EIR covers over 40,000 acres of land. Mr. Leonard outlined points of the EIR that they were objecting to. They feel that the EIR is basedsolely on the long- term productivity of the land. Wes Dempsey, Chaea in favor of the EIR. Mr. Dempsey presented the Board members with copies of his statement. John Luvaas, attorney, appearing in favor of the EIR. He outlined several area where he considered the ETR was insufficient. Discussion`'of timber cutting on the property. Mr. Lawson explained that it is mandatory that a logging plan be submitted to the Planning Department. They are always on the lookout for violations of these logging plans. Mr. Leonard explained that about 10,000 acres have been cut. The developer has plans to clean this area and replant it. Tom Biglow, against the FIR. Hearing closed to the public and confined to the Board. Discussion of the EIR and its adoption. Discussion of sending the EIR back to Planning for additional information. If it was referred back, the Planning Director could be asked to go into more detail in certain areas. The EIR must be adopted before the rezoning hearing can be held. Ray Leonard stated that Feather Falls Development will withdraw their appeal on the EIR to enable the zoning hearing to be held today. Discussion re finalizing the EIR. Mr. Lawson stated that when the Planning Department makes the FIR, it is final until it is appealed, then it goes to the Board of Supervisors. Since the appeal was withdrawn, the EIR is then final. However, the Board can request further consideration. 229 August 27, 1974 August 27, 1974 It was the decision of the Board that there was no decision to be made on the Environmental Impact Report at this time. 74-1319 P'OBLIC HEARING: REZONING OF FEATHER FALLS TO TM-160 The public hearing on the rezoning of Feather Falls to TM-160 was held as advertised. Mr. Lawson stated that the zoning recommendation was from A-2 to TM-160. He pointed out the area in question. Hearing opened to the public. Appearing: Robert T. Curry, Feather Falls Development, Oroville, appearing against the rezoning. He briefly explained the plans of the development company for this area. There will be restrictive cutting on the land. They plan to take out non-merchantable timber and plant merchantable timber. There will be deed restrictionsplaced on the land. He stated they would like to work very closely with the County on this development. Mr. Curry explained the road system planned, which will be completely private. They will also have their own fire protection. There will be convenience type shopping with most people probably going to Oroville for the rest of their buying needs. There are 10,000 acres zoned mountain recreation, of which 7,000 acres would be developed. The remainder would be zoned open space. If the development is approved, they will improve the road to Feather Falls. Mr. Curry explained the spacing of the clusters of housing which will be based on the slope of the land. He also explained that they only have an option on the land. Louisiana-Pacific is the owner. They will own a total of 36,000 acres when they exercise their option. Ray Leonard; appearing against the rezoning. He stated that they are not opposed to the TM-160 zoning outside the development area as they plan to leave this in open space. They don't feel the TM-160 is in accordance with the General Plan. Mr. Leonard filed with the clerk 114 post cards sent by people favoring the development. He also filed petitions supporting the development and filed letters supporting Mr. Curry's reputation. Discussion of homes in the area. There is going to be a small retirement settle- ment with the people being limited to over 40 years of age with the youngest child being 18 or older. The bulk of the development is going to be for recreational vehicles. Mx. Curry explained that the Feather Falls area is not. conducive to year-round living. They are planning no major snow removal for the area. He also has draft forms of the restrictive deeds and protective convenants that the Board may see. Frank Donati, Butte County Assessor's Office. He explained that if this area is not used for recreation, the land will probably have to be devalued. Charles Press, Middlehoff Lane., appearing against the rezoning. He spoke to the economic advantages of the development. He asked for a show of hands of those in the audience that supported the development, several people doing so. Bob Mowdy, appearing in favor of the rezoning. Benica Moellenbrandt, appearing to ask: questions concerning the development. Chet Ramsey, against the rezoning. 230 August 27, 1974 August 27, 1974 Norman Gammon, against the rezoning. Royal Mannion, District Ranger of the U.S. Forest Service, speaking to the area outside the village. In favor of the rezoning. Stan Pittman, Oroville, against the rezoning. Bernie Richter, against the rezoning. Edna Stafford, in favor of:the rezoning. Wes Dempsey, in favor of the rezoning. Gail Nelson, employee of the Feather Falls Development...Company, against the rezoning. Quentin Griffith, Yahi Group of the Sierxa Club, Chico, in favor of the rezoning. John Luvaas, representing the Land Owners of Feather Falls, in favor of the zoning. He feels that if the development is allowed, it should be on a very limited basis, however he would also oppose this. He questioned the legality of the deed restrictions. Some of the people he represents are: Iamma Elam, Mamie Potts (recently deceased), the Archeleta family, Ray Alston and Phil Wood. These people are in the 1300-acre area of the village. Jim Kinnermer, against the rezoning. Priscilla Hanford, Planning Commissioner, whose presentation was continued until the next meeting. Hearing continued to September 10, 1974 at 2:00 p.m. to be the first public hearing item. 74-1320 CONTINUATION OF HEARING: BUTTE COUNTX PLANNING COMMISSION INITIATED REZONE FOR LAKE MADRONE AREA FROM A-2 TO TM-1 AND TM-5• CONTINUED TO SEPTEMBER 10 The hearing on the Butte County Planning Commission initiated rezoning for Lake Madrone area from A-2 to TM-1 and TM-5 was continued to September 10, 1974. 74-1321 APPEARANCE OF BILL LAWRENCE AUDITOR• ADOPT RESOLUTION 74-124 FIXING TAX RATES Mr. Lawrence explained that this resolution must be adopted today. It contains 162 tax entities, with 124 rates to be adopted. He stated that he had some questions concerning the schools but that Mr. Powers was not available for information on these. Mr. Lawrence has talked with County Counsel and it is possible for him to come back with an amending resolution regarding these if necessary. He explained why some of the districts did not have tax rates. County Service Area 4 has increased their rate because of an overrun last year and because of an increase in services. County Service Area 47 does not have a rate because of a breakdown of communication between the Board of Supervisors and LAFCO. Discussion of how to set the tax rate. This is a lighting district and was formed in October of 1972. He explained. that the proposed tax rate was 56 cents. Discussion of number of people in the area. This district has never had a tax rate. If the proposed tax rate is adopted today and found to be too high, the auditor can strike it. 231 August 27, 1974 August 27, 1974 On motion of Supervisor Gilman, seconded by Supervisor Cameron and unanimously carried, Resolution 74-124 fixing tax rates in the County of Butte, to include the rate of $.56 for County Service Area 47 was adopted and the Chairman authorized to sign. 74-1322 APPEARANCE OF ELEANOR BECKER RE CONSOLIDATION OF ELECTIONS Mrs. Becker explained that it is too late to consolidate County Service Area 51 into the November election. It would necessitate a separation election which would be very expensive. Mrs. Becker suggested that the election be held over to March. Discussion of ability to collect taxes next year. The filing deadline with the state is December. It was the consensus-of the-Board that the election.should be held over-to March`: _. r;,. ;: -: , 74-1323 APPROVE BUDGET TRANSFERS Bill Lawrence, Auditor, explained the budget transfers. On motion of Supervisor Cameron, seconded by Supervisor Gilman and unanimously carried, the following budget transfers were approved: 8-238 Auditor-Controller. This transfers various additional budget deficits for the 1973-74 fiscal year. The total transfer of $35,267+.05, all of which comes from other accounts on which there were under-runs. No reserve amounts needed. B-239 Auditor-Controller. This transfersappropriations to cover Public Works and county service area budget deficits for the 1973-74 fiscal year. Total amount of transfer, $264,990.06 of which $51,813.30 comes from the road reserve but the balance from unexpended funding in other road department accounts. 74-1324 ADDITIONAL ITEMS PRESENTE- BY SUPERVISORS Discussion of illegal lot splits concerning two realtors and involving title companies. This involves people named Santos. Mr. Madigan reported that a problem concerning auction notices being sent under the wrong name had been corrected. Everett Bosworth explained that the Chico Area Planning Committee could not make the meeting of September 17. They request that it be continued to October 1. Discussion of form for conflict of interest. County Counsel recommended that he go over these with the Board members individually. 74-1325 ITEMS CONTINUED TO SEPTEMBER 10, 1974 The following items were continued to September 10, 1974: Confirming appointments to Palermo Community Center Advisory Committee. Appointments or reappointments to various committees and commissions. Comment on State General Plan guidelines. 232 August 27, 1974 August 27, 1974 ADJOURNMENT: There being nothing further before the Board at this time, the meeting was adjourned at 7:10 p.m. to reconvene on Tuesday, September 10, 1974 at 9:00 a.m. ~ / C airman of the Board of upervisors ATTEST: CLARK A. NELSON, COUNTY CLERK Deputy 233 August 27, 1974