HomeMy WebLinkAboutM061080June 10, 1980
STATE OF CAbIFORNIA )
SS.
CDUNTY OF BUTTE )
80- The Board of Supervisors met at 9:00 a.m, pursuant to adjournment.
~ Present: Supervisors Dolan, Moseley, Wheeler and Chairman Lemke. Clif
Nickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A. Nelson, county clerk-recorder, by Cathy Pitts, assistant clerk
to the Board. Absent: Supervisor Winston
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
902 APPROVAL OF MINUTES
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and carried, the minutes of June 3, 1980 were approved as mailed with
the following correction to minute order 80-875 to reflect denied
request for penalty relief for Fred Hudson, AP 021-10-0--018-0.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the minutes of May 6, 1980, minute order 80-731 were corrected
by adding the following: The conflict of interest code for the Mental
Health Department was approved and the Chairman authorized to sign.
903 (ADOPT ORDINANCE 2112: WAIVE SECOND READING OF ORDINANCE CREATING FIVE
ADDITIONAL JAILER POSiTI0N5_TO PROVIDE FOR UPGRADING OF 3AiL SECURITX
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the second reading of the salary ordinance amendment creating
five additional jailer positions to provide for upgrading of jail security
was waived; Ordinance 2112 was adopted and the Chairman authorized to sign.
904 ADOPT RESOLUTION 80-125: IN SUPPORT OF ASSEMBLY BILL 2361 WHICH WILL INCREASE
COURT FILING FEES IN CIVIL AND PROBATE MATTERS iN SUPERIOR COURT AND CIVIL
MATTERS IN MUNICIPAL COURT
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, Resolution 80-125 in support of AB 2361 which will increase
court filing fees in civil and probate matters in Superior Court and civil
matters in Municipal Court was adopted and the Chairman authorized to sign.
905 AWARD OF BID - NEW AND RECAP TIRES
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the bid for the purchase and repair of tires £or county
vehicles with the low bidder being Oroville Tire Service for the Oroville
and south county area and C and L Tire for the Chico and north county area
was awarded.
906 AWARD BID - ADMINISTRATIVE CENTER FURNITURE REFINISHING
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the bid for the electrostatic refinishing of approximately
250 items of existing furniture within departments relocated to the
Administration Center with the low bidder being Electro Painters, Inc.
in the amount of $9,580.05, with the Purchasing Officer recommending
a 10% contingency over and above bid award for painting of items not
included in the original bid was awarded and contingency authorized.
907 AUTHORIZE PURCHASES OF FIXED ASSETS - DATA PROCESSING
Discussion of saving paper for recycling held at this time.
It was felt other departments should consider the recycling of paper.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the purchase of reception area furniture (two chairs and a
Page 462.
June 10, 1980
80-
--__--__---==June 10, 1980 __________________
coffee table), $330;-intercom system, $400; ten conference room chairs,
$500; and a hexadecimal calculator, $60; for the Data Processing Department
was authorized.
Purchasing Officer to make a written report on possibility of
recycling paper from all departments.
APPROVE REVENUE SHARING AGREEMENT - DE SABLA VOLUNTEER I'IREMEN INC.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the revenue sharing agreement between the county and the
DeSabla Community Volunteer Firemen, Inc. in the amount of $40,000 to
cover the purchase of afire tank truck, radio, electric siren/public address
system with microphone and two speakers was approved and the Chairman
authorized to sign.
908
DISCUSSION: REPORT TO BOARD CONCERNING CSAC EXCESS LIABILITY PROPOSAL
NO ACTION TAKEN
Discussion of the report to the Board concerning CSAC excess
liability proposal held at this time.
909
No action taken on the matter at this time.
APPROVE BUDGET TRANSFERS
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the following budget transfers were approved:
910 '
B-196 - Community Action Ag_e_ncy--- Rural Senior Service Project.
Increases the appropriation in the Community Action Agency 1980 Rural
Senior Service Project pursuant to budget modification ~~l which was
approved by the California Department of Aging on May 21, 1980.
Recognizes unanticipated state aid, $21,727 and other aid - program income,
$4,928. Increases the appropriation for salaries and wages, $19,972;
fringe benefits, $3,715; travel, $759; consumable supplies, $1,268; and
other costs, $941.
B-197 - Public Works General Services (Sacramento Avenue Assessment
District). Transfers $100,000 from the reserve to professional and
specialized services in order to establish an appropriation fo cover the
contract with McCain and Associates for engineering services for the
Sacramento Avenue Assessment District ~~1.
B-198 - Community Action Agency - En- ergy-Assistance Program.
Transfers $874 from consummable supplies and 'aogether with additional
unanticipated federal aid from the State Office of Economic Opportunity in
the amount of $44,336, increases the appropriation for the Energy Assistance
Program for the 1980 grant year in accordance with budget modification 4~1
as follows: salaries and wages, $1,666; fringe benefits, $249; consultant
services, $1,519; and other costs, $41,776.
B-202 - Public Health Transfers $1,600 from transportation and
travel within the General Services budget to transportation and travel within
the Environmental Health budget in order to cover current and projected
budgetary deficiencies within Environmental Health travel.
B-203 - Sheriff-Coroner. Transfers $2,500 from maintenance of
'equipment within the Sheriff's Administration budget, together with $3,000
within maintenance of equipment and $1,000 from clothing within the Services
Division in order to increase the appropriation within professional and
specialised services within the Sheriff's Services Division in order to
cover current budgetary deficiencies.
Page 463.
June 10, 1980
June 10, 1980
80- B-204 - Paradise Justice Court. Transfers $1,206 from professional
~ and specialized services with $1,200 going to transportation and. travel and
$6 to fixed assets - equipment in order to cover current and projected
budgetary deficiencies as a result of increased visiting judges charges and
the current deficiency in the equipment account.
5-205 - Welfare Administration. Transfers $13,000 from salaries and
s with $1,200 going towards WIN child care and $11,800 to ATP redemptions.
transfer is brought about as a result of unanticipated high caseloads.
B-206 - Data Processing. Recognizes unanticipated revenue in the
of $2,095 and increases the appropriation for fixed assets in the
of $1,290 in order to provide far the purchase of equipment and
es office expense in the amount of $805 in order to provide for the
e of miscellaneous office expense items.
B-207 - Contributions to Other Agencies. Transfers $895 from the
erve to contributions to other agencies in order to establish an
ropriation to reimburse the City of Oroville for the county's share of
Region C Juvenile Justice Delinquency Planning grant which was approved
the Board of Supervisors on August 2, 1977.
B-208 - Mental Health General Services. Recognizes unanticipated
come in the amount of $58,794 and increases the appropriation for
ofessional and specialized services, $30,099; small tools and instruments,
70; fixed assets - structures, improvements and grounds, $22,000; and
xed assets - equipment, $6,130.
B-210 - Public Works - General Services. Recognizes $1,000 in
contributions from private parties and increases the appropriation for
special departmental expense a similar amount in order to pay the filing
fees for changes of classification for the Neal Road Landfill with funding
provided by Tri Valley Growers.
911 ADOPT RESOLUTION 80-126 GIVING NOTICE OF INTENTION TO PURCHASE PROPERTY -
2523 FORT WAYNE, OROVILLE - HCD
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, Resolution 80-126 giving notice of intention to purchase
property at 2523 Fort Wayne Street, Oroville at a price of $15,000 and
setting a public hearing date of July 1, 1980 at 10:15 a.m. was adopted
and the Chairman authorized to sign.
912 PUBLIC HEARING DATE SET
A public hearing date of July 1, 1980 at 10:00 a.m. was set
for consideration of Harold Deal petition for variance to sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home on
AP 36-29-2-25, 2176 East Kusel Road, Oroville area. Zoning: "AR-MH"
913 APPROVE PUBLIC HEALTH ITEMS
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the following Public Health items were approved:
1. Approved Richard Milatz renewal of variance to sections 19-10
/or 19-12 of the Butte County Code for placement of a mobile home on
65-09-006, Star Route, Magalia area. Zoning: "TM-5"
2. Approved Chailes W. Phillips renewal of variance to sections
10 and/or 19-12 of the Butte County Code for placement of a mobile home
AP 36-30-81, 6310 Carmel Avenue, Palermo area. Zoning: "AR-MH"
Page 464.
June 10, 1980
June 10, 1980
80 3. Approved Betty Stone renewal of variance to sections 19-10 and/
b or 19-12 of the Butte County Code for placement of a mobile home on
AP 41-26-48, Cherokee Road, Oroville area. Zoning: "A-2"
914 ADOPT RESOLUTION 80-127 AUTHORIZING ASSIGNMENT OF DELINQUENT COLLECTION
ACCOUNTS TO A PRIVATE COLLECTION AGENCY
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, Resolution 80-127 authorizing the assignment of delinquent
collection accounts to a private collection agency was adopted and the
Chairman authorized to sign.
915 ESTABLISH MINIMUM OF $10 ON MONTHLY PAYMENTS ON ACCOUNTS THROUGH COLLECTIONS
DEPARTMENT
On motion of Supervisor, Moseley, seconded by Supervisor Wheeler
and carried, a minimum of $10 on monthly payments on accounts through
the Collections Department was approved.
916 CONSIDERATION OF AGREEMENT TO PURCHASE TAR DEEDED PROPERTY - CONTINUED
TO JUNE 17 1980
Consideration of the agreement with Lake Madrone Water District
for the purchase of two parcels of tax deeded land, AP 62-14-27 and
AP 62-14-35 (portion of AP 62-I4-34) at a price of $100 per parcel was
continued to June 17, (980
917 AUTHORIZE REFUND OF DRAINAGE DEPOSIT - ANDREW MITAL
On motion of Supervisor Wheeler; seconded by Supervisor Moseley
and carried, the refund of a drainage deposit in the amount of $2,412
which was required as a condition of filing a parcel map for Andrew Mital
for AP 55-12-46, property located north of Roe Road, 600 feet west of
Filbert Street, Paradise was approved.
918 APPROVE BIG CHICO CREEK ESTATES UNIT N0. 1 SUBDIVISION - FINAL MAP
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the final subdivision map for Big Chico Creek Estates Unit
No. 1 Subdivision, 29 lots, AP 43-29-22 and AP 43-27-01 and 12, south side
of West Sacramento Avenue, 700 feet west of Oak Lawn Avenue Chico, was
approved; Valentine Court, St. Amant Drive, Teagarden Court, Winkle
Drive, Cargrove Court and a portion of West Sacramento Avenue were accepted
in fee title; easements granted for light and air were accepted; easements
for public utility purposes (including sewer, water, electric, gas and
communications facilities) and drainage easements were accegted; and the
Chairman authorized to sign the subdivision agreement. AYES: Supervisors
oseley, Wheeler and Chairman Lemke. NOES: Supervisor Dolan.
919 AWARD BID - TABLE MOUNTAIN BOULEVARD BRIDGE ACROSS THE FEATHER RIVER,
PROJECT N0. 28491-76-1
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, the bid for the Table Mountain Boulevard Bridge across the
Feather River, Project No. 28491-76-1 in the amount of $3,379,942 was
awarded to Clinton C. Myers and the Chairman authorized to sign the
contract.
920 REPORT TO THE BOARD CONCERNING ANTICIPATED CONTRACT CHANGE ORDER ON THE
SKYWAY FAS PROJECT
Clay Castleberry, public works director, reported to the Board
concerning an anticipated contract change order on the Skyway FAS Project.
He felt there would be money in his department to cover the change order.
921 (APPROVE SKYWAY PAVEMENT OVERLAX (0.2 MILES WEST OF OAKRIDGE DRIVE TO 2.4
MILES EAST OF OAKRIDGE DRIVE) PROJECT FOR INCLUSION IN THE CURRENT BUDGET:
DIRECT AUDITOR TO PREPARE TRANSFER OF SB325 FUNDS FOR PROJECT
Clay Castleberry, public works director, reported on the request
for the Skyway pavement overlay:::groject at this time.
Page 465.
June 10, 1980
June 10, 1980
gp- There is a request to allow a transfer of part of the money
~ allowed for the bridge to the overlay project. The Skyway project was.
to have $25,000 for the right-of-way for the purchase of the abandoned
railroad. Mr. McDonald from the Public Works Department has been able
to find state money for the acquisition of the right-of-way for the
railroad.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the Skyway pavement overlay (0.2 miles west of Oakridge Drive
to 2.4 miles east of Oakridge Drive) project was approved for inclusion
3n the current budget and the Auditor was directed to prepare a transfer
of $150,000 in SB325 funds to fund the overlay project; the Public Works
Department was authorized to request the Butte~County Association of
Governments to approve the transfer; the plans and specifications were
approved; the Chairman and Director of Public Works were authorized to
sign the plans; the wage scale was adopted; and the bid opening was set
for June 23, 1980 at 11:00 a.m. in the Public Works Office.
922 SIDE YARD SET BACK ORDINANCE TO BE SENT BACK TO PLANNING COMNffSSION FOR
REVIEW AND REDEFINITION AND TO WORK WITH THE UTILITY COMPANIES, PUBLIC
WORKS AND COUNTY COUNSEL TO REWRITE THE ORDINANCE: CONCUR THAT PUBLIC
UTILITY EASEMENT PREVAILS OVER SIDE YARD SET BACK FOR PUBLIC UTILITIES
ONLY
Clay Castleberry, public works director, stated that there
is a problem with the side yard setback ordinance. This ordinance prohibits
structures. There is a problem where a private power pole was placed in
the setback but on the public utility easement.
Supervisor Wheeler stated this ordinance is causing problems in
the county. In this particular instance the county inspectors did not
green tag the power pole as being in the side yard setback area. The
pole would have to be moved. This ordinance is creating problems for
the utility companies as well.
Dan Blackstock, county counsel, stated that there were very
few public utility easements granted after the ordinance had been passed.
The ordinance has a number of mechanical problems. The public utility
easements are not the only problems. A public utility easement is
actually a use of the ground and this use pre-existed the ordinance.
The reason the ordinance was originally considered was because there
were a number of complaints regarding air conditioners and other structures
being placed within the five-foot side yard. This problem occurs in
the urban areas. The putting of fences in the side yards setback is also
not allowed with this ordinance.
Renee Jolivet, PG&E, stated that their company was also having
problems with the ordinance. There are other problems besides public
utility easements.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the side yard setback ordinance was sent back to the Planning
Commission for review and redefinition; with the Commission to work with
the utility companies, Public Works and County Counsel on the rewriting
of the ordinance to make it much more acceptable to apply; and the
Board concurs that public utilities easements prevail over the side yard
setback for public utilities only.
923 PUBLIC HEARING DATES SET
The following public hearing dates were set:
Page 466.
June 10, 1980
_ _ _ _ _ - _ _ _ _ - -June_10_, 1980 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
80_ 1.- A public hearing date of July 1, 1980 at 10:30 a.m. was set
$ for consideration of Biggs Red .Top Rice Growers - extension of interim
"N~1" (light industrial).
924
925
926
2. A public hearing date of July 1, 1980 at 10:45 a.m. was set
for consideration of Dan Hays rezone from "A-2" (general) to "M-1" (light
industrial), property located along the east side of Cohasset Road across
from the Chico Municipal Airport, identified as AP 48--01-9, 10 and 19,
Chico (item on which a draft EIR has been previously certified).
3. A public hearing date of July 1, 1980 at 11:15 a.m, was set
for consideration of Arthur E. Hall proposed negative declaration and rezone
from "TM-20" (timber mountain - 20 acre parcels} to "TM-5" (timber mountain -
five acre parcels) for property located approximately 1/2 mile east of
Forest Ranch, identified as AP 56-24-27 (portion).
ESTABLISH SALES PRICE FOR NEW GENERAL PLAN LAND USE ELEMENT
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, a sales price of $10 was established for the new General
Plan Land Use Element.
The Planning Department was instructed to make the element
available at the libraries and county offices.
JOINT MEETING WITH PLANNING COMMISSION REGARDING THE POSSIBILITY OF HAVING
THE PLANNING COMMISSION ASSUME THE FUNCTIONS OF THE ADVISORY AGENCY REGARDTNG
SUBDIVISION AND PARCEL MAPS_SET FOR JUNE 24, 1980 AT 1:30_P.M.
The joint meeting with the Planning Commission and the Board
regarding the possibility of the Planning Commission assuming the functions
of the Advisory Agency regarding subdivision and parcel maps was set for
,Tune 24, 1980 at 1:30 p.m.
REPORT TO THE BOARD CONCERNING LETTER FROM LES H. COHEN AND ASSOCIATES
REGARDING SB 1448
Dan Blackstock, county counsel, set out the background of
SB 1448. This would allow additional extensions on completion of the
General Plans and certification of the General Plan. There is no
lawsuit presently being considered for Butte County relative to the
sufficiency of the General Pian. The question of whether to support
SB I448 is apolitical question. The General Plan will have a new
open space element before the Board shortly. After that he felt the
Board would be in a position to certify the General Plan. The county
has attracted four law suits in the last six months to a year. Those
suits were relative to the EIR and not the sufficiency of the General
Plan. The only lawsuit relative to sufficiency of the General Plan
was the lawsuit by the City of Chico.
Consideration of SB 1448 was continued to later in the meeting.
927
928
ADOPT ORDINANCE 2113: WAIVE SECOND READING OF ORDINANCE AMENDING CHAPTERS
19, 23B & 31 OF THE BUTTE COUNTY CODE RELATIVE TO SEWAGE DISPOSAL, WATER
WELLS AND GARBAGE AND REFUSE COLLECTION
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and carried, the second reading of the ordinance amending Chapters 19,
'23B and 31 of the Butte County Code relative to sewage disposal, water
'.wells and garbage and refuse collection was waived; Ordinance 2113 was
',adopted and the Chairman authorized to sign.
IpUBLIC HEARING DATE SET
A public hearing date of July 15, 1980 at 10:00 a.m. was set
for consideration by the Butte County Air Pollution Control District
Page 467.
June 10, 1980
June 10, 1980
80- of an ordinance amending Chapters 1 and 3 of the Sutte County Air Pollution
,~, Control District rules and regulations.
929 ADOPT ORDINANCE 2114: URGENCY ORDINANCE AMENDING SECTIONS 4-2 AND 4-4 OF
THE BUTTE COUNTY CORE RELATIVE TO THE REGISTRATION OF DOGS
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, Ordinance 2114 an urgency ordinance amending Sections 4-2
and 4-4 of the Butte County Code relative to the registration of dogs
was adopted and the Chairman authorized to sign.
930 WAIVING OF THE FIRST READING OF ORDINANCE AMENDING CHAPTERS 20 & 24 OF
THE BUTTE COUNTY CODE REGARDING REGULATIONS AND CONTROL OF SUBDIVISIONS
AND TO ZONING RE UIREMENTS - CONTINUED TO JULY 1 1980
Consideration of the waiving of the first reading of the
ordinance amending Chapters 20 and 24 of the Butte County Code regarding
regulations and control of subdivisions and to zoning requirements
was continued to July 1, 1980.
931 REJECT CLAIM - MIDVALLEY TITLE COMPANY
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the claim of Midvalley Title and Escrow Company in the
amount of $406,103.86 as a result of damages was rejected and referred
to County Counsel and Risk Management Coordinator.
932
APPOINTMENTS TO THE CITIZENS ADVISORY COMMITTEE ON DRUG ABUSE
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and carried, the following appointments were made to the Citizens
Advisory Committee on Drug Abuse:
Joan Covell
Jean Denney
George Grams
Joyce Quaytman
Janet Stuenkel
Pat Walters
Phyllis Wyman
Stan McNair
933
APPOINTMENTS TO THE BUTTE COUNTY ALCOHOLISM ADVISORY BOARD
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the .following appointments were made to the Butte County
Alcoholism Advisory Board:
Ron Azevedo
Don Bowlby
Ben Eiland
Charles Freer
Al Karger
Joseph Goolsby
Vernon William McMains
Alvin Christopherson
J. W. Hayden Drown
Dale Bennett
934
AUTHORIZE SUPERVISOR WHEELER TO VOTE PROXY AT THE NACo 45TH ANNUAL
On motion=~of Supervisor Moseley, seconded by Supervisor Dolan
and carried, Supervisor Wheeler was authorized to vote proxy at the NACo
45th Annual Conference.
Page 468.
June 10, 1980
June 10, 1980
80- 935 RECONSIDERATION OF REQUEST BY COMMUNITY ACTION AGENCY BOARD TO DEGREEN THE
~ COMMUNITY ACTION AGENCY - TAKEN OFF AGENDA: NO ACTION TAKEN
Disdussion of the reconsideration of the request by the Community
Action Agency Board to degreen the Community Action Agency was held at this
time.
Supervisor Wheeler stated that she did not feel comfortable
allowing the organization to become autonomous.
936
Chairman Lemke felt the Board would retain the Fiscal constraint
if the agency were not degreened.
The reconsideration of the request by Community Action Agency
Board to degreen the Community Action Agency was taken off the agenda
and no action was taken.
RECESS: 9:53 a.m.
RECONVENE: 10:10 a.m.
PUBLIC HEARING: CLOSER HEARING LEE COLBY -WYNOKA HOMES - GENERAL PLAN LAND
USE MAP AMENDMENT TO CHANGE FROM LOW DENSITY RESIDENTIAL DESIGNATION TO
AN INDUSTRIAL DESIGNATION, PROPERTY LOCATED ON THE EAST SIDE OF LINCOLN
BOULEVARD FROM A POINT LOCATED 1,320 FEET SOUTH OF MONTE VISTA AVENUE
TO A POINT LOCATED 3,300 FEET SOUTH OF MONTE VISTA AVENUE, TO A DEPTH OF
1,320 E'EET, IDENTIFIED AS AP 36--20-7, 27 & 28, OROVILLE -- CONTINUED TO
JUNE 24, 1980 AT lO:OQ_A.M._
The closed hearing on Lee Colby, Wynoka Homes, General Plan Land
Use map amendment to change from low density residential designation to an
industrial designation, property located on the east side of Lincoln
,Boulevard from a point located 1320 feet south of Monte Vista Avenue to a
(point located 3,300 feet south of Monte Vista Avenue, to a depth of
11,320 feet, identified as AP 36-20-7, 27 and 28, Oroville was held as
continued.
The hearing was continued to June 24, 1980 at 10:00 a.m.
937
RECESS: 10:11 a.m.
RECONVENE: 10:15 a.m.
PUBLIC HEARING: HORACE R. KIMBRELL - PETITION FOR VARIANCE TO SECTIONS
19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBILE
HOME ON AP 72-08-010 9164 WYANDOTTE - LA PORTE ROAD OROVILLE AREA
The public hearing on Horace R. Kimbrell petition for variance
to sections 19-10 and/or 19-12 of the Butte County Code for placement of
a mobile home on AP 72-OS-010, 9164 Wyandotte - LaPorte Road, Oroville
area, was held as advertised.
Tom Reid, Environmental Health Department, set out the background
of the petition. It is in order.
Heaxing open to th~lpublic. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and carried, the petition for variance to sections 19-10 and/or 19-12
of the Butte County Code fox placement of a mobile home on AP 72-08-010,
9164 Wyandotte - LaPorte Road, Oroville area for Horace R. Kimbrell was
approved for a period of one year.
Page 469.
3une 10, 1980
___--_____- June 10,_1980=====---______--____
80- 938 COM~NNICATIONS
~ Art Thompson, Chico. Mr. Thompson writes in opposition to the proposed
Butte County Planning Commission rezone affecting his garcels
AP 42-09--24 and 31 which are part of the Highway 32 rezone that
is scheduled fox June 10, 1980. To be considered later in the
meeting.
oseph Bach, et al, Chico. A letter has been received requesting return of
drainage deposit in the amount of $4,032 as a condition placed :~
upon a tentative parcel map for AP 47-29-50 (new parcels
AP 47-29-75 and 76). Referred to Public Works.
Offices of Darrell W. Stevens. The attorney, on behalf of Louisiana
Pacific, writes forwarding information clarifying concerns of
the county relative to the Kate Archuleta certificate of
compliance. Information; to be considered at the hearing
scheduled for June 17, 1980.
County Farm Bureau. The Farm Bureau writes supporting the Board's
actions with regard to the Southern Pacific Railroad Company
activities on Anita Road north of Chico and suggests that county
staff look into activities of a wholesale plumbing business on
Anita Road for potential violation of zoning laws. Referred to
Zoning Investigator.
939
outhern Adjustment Bureau, Inc. The company, on behalf of J. Joseph
VanDervoort, write forwarding a claim for excess tax sale
proceeds for AP 41-28-85 and 89. Referred to the Auditor.
Ridge Properties, Inc. The firm writes with regard to potential July 4
fireworks activities in the vicinity of Oroville Dam and suggests
that if the activities are to be planned that they he moved to
another location. Referred to the Fire Warden.
City of Chico. The city writes forwarding Sts resolution granting jurisdic-
tion to the Board of Supervisors in the matter of Sacramento
Avenue Assessment District X11. Information; no action taken.
California State University, Chico. The university writes requesting the
Board to support its application for federal funding to construct
additional dormitory facilities on the campus. See motion
following communications.
State Department of Water Resources. The department, pursuant to provisions
of the Water Code, forwards information relative to the costs and
maintenance and funds to be raised for Maintenance Area X15 (zones
1, 2 and 5), Maintenance Area ~k7 (zones 2, 2 and 3}, Maintenance
Area 413 (zones 1, 2 and 3) and Maintenance area X115 (zones 1, 2
and 3). Information; na action taken.
Dan Hays, Jr., Chico. Mr. Hays appeals conditions 11 and 22 on tentative
subdivision map, Skypark Estates, 11 lots, on the east side of
Cohasset Road, 1.3 miles north of Eaton Road, Chico area,
AP 48-01-19 (portion). Set for hearing July 8, 1980 at 10:00 a.m.
SUPPORT CSUC APPLICATTON FOR FEDERAL FUNDING TO CONSTRUCT ADDITIONAL
DORMITORY FACILITIES ON THE CAMPUS
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the Board supported the CSUC application for federal funding
to construct additional dormitory facilities an the campus.
Page 470.
June"10, 1980
June 10, 1980
80- Supervisor Dolan asked that CSUC should be asked to look at
b where they would place these dormitory facilities.
940 REQUEST STATE JUDICIAL COUNCIL IMPLEMENT PROCEDURES AND CERTIFICATION OF
THREE APPLICATIONS FOR APPOINTMENT TO OROVILLE JUSTICE COURT
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and carried, the State Judicial Council was requested to implement the
procedures for certification of three applications for the appointment
to the Oroville Justice Court Judge.
941 (PETITION FROM BANGOR FIRE DISTRICT REQUESTING REVENUE SHARING FUNDS
The petition from the Bangor Volunteer Fire Department requesting
revenue sharing funds was referred to the Administrative Office for
consideration at time of revenue sharing hearing.
942 REPORT TO THE BOARD CONCERNING LETTER FROM LES H. COHEN AND ASSOCIATES
REGARDING SB 1448 GENERAL PLAN CERTIFICATION - CONTINUED TO JUNE 17 1980
The report to the Board concerning the letter from Les H. Cohen
and Associates regarding SB 1448, General Plan certification was continued
to June 17, 1980.
RECESS: 10:25 a.m.
RECONVENE: 10:30 a.m.
943 PUBLIC HEARING: JOE ESCOBAR, JR. - APPEAL OF ADVISORY AGENCY'S DENIAL OF
PROPOSED NEGATIVE DECLARATION ANA TENTATIVE PARCEL MAP, AP 74-14-03, TWO
LOTS, EAST SIDE OF OROVILLE FORBESTOWN ROAD AT WEISS HILL ROAD, FORBESTOWN
The public hearing on Jae Escobar, Jr. appeal of Advisory Agency`s
ia1 of proposed conditional negative declaration and tentative parcel
AP 74-14-03, two lots; east side of Oroville Forbestown Road at
ss Hill Road, Forbestowa area was held as advertised.
Clay Castleberry, public works director, set out the background
of the appeal at this time. This appeal has to do with the fire
~L GliLL1LGL1G11 Lfl
Bettye Blair, planning director, stated that the Board had
copies of the Planning Director's report. The policy statements within
the General Plan and Safety Element of the General Plan and the recommendations
of the fire agency are what are used for the fire requirements. She
encouraged discussion between the Board members and the fire district people
so the Planning staff could amend the specific element of the General Plan.
Chairman Lemke will be meeting with the Fire Warden and Planning
Director this week on this matter.
Earl Nelson, environmental review director, set out the background
of the negative declaration. He recommended a conditional negative
declaration with mitigation measures.
Hearing open to the public. Appearing:
1. Charles Kane. Mr. Kane presented a letter in opposition
the project. There is a lack of water and an overdraft of ground water.
2. Donald Elliott. Mr. Elliott spoke in favor of the project.
The response time would be 20 minutes for fire equipment. There was a
house two weeks ago that burned to the ground when there was a response
time of ten minutes. Everyone in the area takes for granted the fire risks.
Page 471.
June 10, 1980
80~
3
_ June 10, 1980
Mr. Nelson stated that if the Board were to approve the map
~d find that there was no impact caused by fire hazards, the Board would
we to change the checklist to reflect that items 8A and 14A would be
irked no instead of maybe.. This would also eliminate the mitigation
:asure for fire protection.
It was moved by Supervisor Moseley, seconded by Supervisor Wheeler
hat finding that although the proposed project could have a significant
ffect on the environment, there will not be a significant effect in this
ase because the mitigation measure described belo"io has been added to
he project; items 8A and 14A on the checklist were changed to no instead
f maybe; and a negative declaration was accepted:
.. Erosion control measures shall be implemented at the time of construction,
These measures shall include:
a. Revegation of all exposed soil surfaces or use of other soil
stabilization techniques.
b. Proper development of roadside drainages.
c. All graded areas shall be stablized with surfacing of gravel or
pavement, perimeter berms, etc.
d. Storm water runoff channels shall be stablized with installation
of culverts, riprap rock lining, energy-dissipating structures, etc.
e. Earthwork shall be conducted during the dry season only. No exposed
soil surfaces shall be left unprotected during the winter rainy
season.
?. Properly sized and installed culverts shall be placed in any drainage
courses crossed by roads or driveways.
i. Road locations shall conform to the terrain, following contours as
much as possible and avoiding steep embankment cuts. Road grades shall
not exceed 15%.
+. Building sites shall be located on areas of less than 20% slope.
Supervisor Dolan could not support the motion because the fire
mitigation measure had not be included in the negative declaration. The
ioard has heard testimony about the lack of water and wells in the area.
Supervisor Moseley stated that the availability of water in the
axes had nothing to do with fire fighting. The Fire Department brings
Ln tankers with their own water to :fight~'fises.
Supervisor Wheeler stated that when building permits are applied
it is necessary to prove availability of water.
Vote on motion:
AYES: Supervisors Moseley, Wheeler and Chairman Lemke
NOES: Supervisor Dolan
ABSENT: Supervisor Winston
Motion carried.
Page 472.
June 10, 1980
80-
a
____- _=====June_10, 1980 _________________ _
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
end carried, the appeal of Joe-Escobar, Jr. was upheld; the tentative
parcel map, AP 74-14-03, two lots, east side of Oroville Forbestown Road
at Weiss Hill Road, Forbestown area was approved finding it consistent
with the General Plan and the health and welfare of the public subject
.o the following conditions:
L. Erosion control measures shall be implemented at the time of construction.
These measures shall include:
a. Revegation of all exposed soil surfaces or use of other soil
stabilization techniques.
b. Proper development of roadside drainages.
c. All graded areas shall be stablized with surfacing of gravel or
pavement, perimeter berms, etc.
d. Storm water runoff channels shall be stablized with installation
of culverts, riprap rock lining, energy--dissipating structures, etc.
e. Earthwork shall be conducted during the dry season only. No exposed
soil surfaces shall be left unprotected during the winter rainy
season.
2. Properly sized and installed culverts shall be placed in any drainage
courses crossed by roads or driveways.
3. Road locations shall conform to the terrain, following contours as
much as possible and avoiding steep embankment cuts. Road grades shall
not exceed 15%.
+. Building sites shall be located on areas of less than 20% slope.
5. Deed to the County of Butte 40 foot xight-of-way from the centerline
of Forbestown Road.
7. Indicate a 55 foot building setback from the centerline of Forbestown
Road.
B. Show all easements of record on the final map.
9. Provide permanent solution for drainage, for each parcel 3 acres or
less in gross area.
D. Pay off any assessments.
1. Obtain encroachment permit for all driveways, new or existing and
construct to county standards.
2. Pay any delinquent taxes.
3. Provide area for wells and 100 ft. leachfield area around said area
on Parcel ~~2.
4. Prove water.
5. Show areas over 30% slope.
AYES: Supervisors Moseley, Wheeler and Chairman Lemke. NOES: Supervisor
Dolan. ABSENT: Supervisor Winston
Page 473.
June 10, 1980
.Tune l0, 1980
80- 944 ADOPT ORDINANCE 2115: PUBLIC HEARING: R,..A. SCHOTT - PROPOSED NEGATIVE
d AECLARATION AND REZONE FROM "A-2LTD" TO "RT-1" (MINIMUM DENSITY RESIDENTIAL
MOBILE HOME) FOR PROPERTY LOCATED ON THE NORTH SIDE OF INDIAN DRIVE,
APPROX. 900 FEET WEST OF SKYWAY IDENTIFIED AS AP 66-51-1 MAGALIA
The public hearing on R. A. Schott proposed negative declaration
and rezone from "A-2 Ltd" to "RT-1" (minimum density residential - mobile
home) for groperty located on the north side of Indian Drive, approximately
900 feet west o£ Skyway, identified as AP 66-51-1, Magalia was held as
advertised.
Bettye Blair, planning director, set out the background of the
rezone.
Earl Nelson, environmental review director, set out the background
of the negative declaration. This project is a follow up to a subdivision
map condition.
Hearing open to the public. Appearing: R. A. Schott.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Lemke, seconded by Sueprvisor Dolan
and carried, finding the project could not have a significant effect on
the environment, a negative declaration was recommended.
On motion of Supervisor Lemke, seconded by Supervisor Dolan
and carried, the rezone from "A-2 Ltd" to "RT-1" (minimum density
residential - mobile home) for property located on the north side of Indian
Drive, approximately 900 feet west of Skyway, identified as AP 65-51-1,
Magalia for R. A. Schott was approved finding it in conformity with the
General Plan and a negative declaration has been declared; Ordinance 2115
was adopted and the Chairman authorized to sign.
945 AUTHORIZE ADMINISTRATIVE OFFICE TO ELIMINATE POSITION OF DUPLICATING
MACHINE OPERATOR IN CENTRAL SERVICES
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, the Administrative Office was authorized to eliminate a
position of duplicating machine operator: in Central Services.
RECESS: 10:52 a.m.
RECONVENE: 11:02 a.m.
946 APPEARANCE: HARVY WEIDMAN
Mr. Weidman stated he had been before the Board a week ago
regarding his problem with a zoning matter. He talked with County
Counsel`s Office and was advised to ask the Board for clarification
of the "FR" zoning district relative to the number of dwellings allowed.
Dan Blackstock, county counsel, stated he could not understand
whether Mr. Weidman had indicated that each parcel would be individually
financed and if the piece would be individually owned or if the property
would remain in joint tenancy. Ha felt the best way to handle the situation
would be for Mr. Weidman to make application on what he wants. If he is
unhappy with the decision he could appeal the matter to the Board.
Mr. Weidman stated that he could not submit plans to anyone
.n the county. He is stopped between Sanitation and Planning. The
3uilding Department will not accept application until Sanitation and
Tanning approve the project. He has applied for two septic systems
sn the same parcel. The Sanitation Department told him it was fine.
Page 474.
June 10, 1980
80-
947
948
949
_ Junel_0, 1980 _______
- Bettye Blair, planning director, stated that application review
does not physically come into the Planning Department. When there is a
specific zone, the other departments look at the zone. Mr. Weidman is
making application in the "FR" zoning district. The language is not
possibly as clear as other zoning districts. Mr. Weidman asked that she
take this matter to the Planning Commission. The Commission has not
discussed the matter at this time. It is a miter of interpretation of
the ordinance and it would take an indepth review. Mr. Weidman has made
an application for a septic tank and has been denied the permit.
Mr. Weidman was advised to submit a letter appealing the denial
of the septic tank permit and then the Board could set a hearing date
on the matter.
APPEARANCE: GARY LIPPENCOTT
Mr. Lippencott stated that the Board had wanted input before
June 10, 1980 on the possible abolihhment of the Advisory Agency. He
has talked to several surveyors and engineers on this matter. They
are opposed to the changes in the process that has been established
by using the Advisory Agency. There are a few problems 1~ut they are
small. He would not like to see the land division process go back to
the Planning Commission. He felt that soma of the problems relafive
to the Advisory Agency were policy matters from the Board not getting to
the Advisory Agency. He felt the present systems works well.
Chairman Lemke stated that at one time there was a study being
done on the entire planning process. He would like to see this
reinstituted. A committee should be formed with staff from Public Works,
Planning, Environmental Review, Administrative Office, County Counsel
and some of the people directly involved in this process.
Appointments to the committee to study the land use process
was continued to June 17, 1980.
APPEARANCE: RUSS CRONINGER
Mr. Croninger stated that he concurred with Mr. Lippencott
on the possible abolishment of the Advisory Agency. He felt that the
basic problems in the Advisory Agency were staff. He did not feel that
the Planning Commission could handle the meetings as well as the Advisory
Agency on the processing of land divisions. He would like to see some
responses made from each engineer or surveyor regarding this matter.
ADOPT ORDTNANCE 2116: PUBLIC HEARING: BUTTE COUNTY PLANNING COMMISSION -
REZONE FROM "A-2" (GENERAL), "A-5" (AGRICULTURAL - 5 ACRE PARCELS), "SR-1"
SUBURBAN RESIDENTIAL - 1 ACRE PARCELS) AND "A-R" (AGRICULTURAL -
RESIDENTIAL) TO "C-2" (GENERAL COMMERCIAL), "C-1" (LIGHT COMMERCIAL),
"SR-1" AND "A-5" THAT PROPERTY LOCATED ALONG HIGHG7AY 32 FROM WEST OF MUTR
AVENUE TO LINDO CHANNEL, CHTCO
The public hearing on Butte County Planning Commission rezone
from "A-2" (general), "A-5" (agricultural - 5 acre parcels), "SR-1"
(suburban residential - 1 acxe parcels) and "A-R" (agricultural -
residential) to "C-2" (general commercial), "C-1" (light commercial),
"SR-1" and "A-5" that property located along Highway 32 from west of
Muir Avenue to Lindo Channel, Chico was held as advertised.
Bettye Blair, planning director, set out the background of the
rezone, The rezone coming forward is a modified proposal. The existing
"SR" zoning is proposed for "C-1"; the Rudd property is proposed from
"A-5" to "C-2"; all of the existing "A-2" zoning is proposed for "A-5";
and the proposed "A-2" zoning for "SR-1" be applicable to all property
except the Mead property, AP 42-08-37 which could be "A-5" zoning. It
is in the Land Conservation Act.. She recommended that the "A-2" proposed
Page 475.
June 10, 1980
80-
June 10, 1980
for "SR-I" zoning be rezoned to "SR-1" zoning. She has identified the
two properties requesting reconsideration for specific zoning.
Earl Nelson, environmental review director, stated that these
changes are more or less clean up zones to conform to the underlying
Land Use Map changes in the General Plan. The EIR was previously
certified on the Highway 32 project.
Hearing open to the public. Appearing:
1. Stirling Rudd. Mr. Rudd stated he concurred with the change
for his property from "A-5" zoning to commercial zoning.
2. Art Thompson. Mr. Thompson asked that his property be changed
from "A-2" to residential zoning. He has about seven acres in the three
parcels now. The "A-S" zoning would not be consistent. There is "C-2"
zoning on the north, "SR-1" zoning on the east, "A-5" zoning on the south
and proposed on the west. He felt that his property should be residential.
Letter from Art Thompson was considered at this time.
Hearing closed to the public and confined to the Board.
Chairman Lemke had a problem with approving an "A-5" zoning
for Mr. Thompson's property when it would be a non-conforming use.
Supervisor Dolan understood the concerns. Her concern is that
the line needs to be drawn somewhere and in all the hearings on Hwy 32
it was agreed that it should be drawn on the frontage property on Hwy 32.
She felt the Planning Commission was right in their recommendations.
There will be a number of non-conforming uses when the "A-2" zoning
is all changed,
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the rezone from "A-2" (general), "A-5" (agricultural - 5 Acre
parcels), "SR-1" (subu,rban residential - 1 acre parcels) and "A-~i"
(agricultural - residential) to "C-2" (general commercial), "C-1" {light
commercial), "SR-1" and "A-5" that property located along Highway 32 from
west of Muir Avenue to Lindo Channel, Chico as recommended by the Planning
Commission was approved; with the deletion of AP 42-9-24, 31 and 32 with
a recommended zoning of "SR-1" be referred back to the commission for
consideration; noting the EIR has been previously certified; finding
that the rezone makes the Rudd property "C-2" and the Meade property
"A-5" zoning and the property on the north side of Kennedy Avenue be
zoned "SR--1"; finding the proposed project is in conformity with the
General Plan; Ordinance 2116 was adopted and the Chairman authorized to
The hearing was reopened and continued to July 15, 1980 at
10:00 a.m. for consideration of the Art Thompson property, AP 42-9-24,
31 and 32 with a recommendation back from the Planning Commission.
950 ADOPT ORDINANCE 2117: PUBLIC HEARING: RICHARD SHIPLEY - APPEAL OF PLANNING
COMMISSIONS DENIAL OF NEGATIVE DECLARATION AND REZONE FROM "FR-20" (FOOTHILL
RECREATIONAL - 20 ACRE PARCELS) TO "FR-5" (FOOTHILL RECREATIONAL - 5 ACRE
PARCELS) FOR PROPERTY LOCATED SOUTH OF LUMPKIN ROAD AND WEST OF PONDEROSA
WAY APPROX. TWO MILES NORTHEAST OF THE ENTERPRISE BRIDGE BETWEEN OROVILLE
AND FEATHER FALLS
The public hearing on Richard Shipley appeal of Planning
Commission's denial of proposed negative declaration and rezone from
"FR-20" {foothill recreational - 20 acre parcels) to "FR-5" (foothill
Page 476.
June 10, 1980
___-___---- June 10, 1980___________________
80- recreational - 5 ^acre parcels) for property located south of Lumpkin Road
~ and west of Ponderosa Way approximately two miles northeast of the Enterprise
Bridge between Oroville and Feather Falls was held as advertised.
Bettye Blair, planning director, set out the background of the
rezone. She had posted two maps on the Board for consideration.
Earl Nelson, environmental review director, set out the
background of the negative declaration, This zoning proposal changes
to five acre parcel sizes the more level area of the larger parcel.
He recommended negative declaxation.
Hearing open to the public. Appearing:
1. Richard Shipley. Mr. Shipley stated he had submitted an
application for a parcel map a little over a year ago. At that time the
General Plan and zoning would have allowed the parcel map. When he made
his application for the parcel split, he was told there was a rezone in
process that would change his area to 20 acre minimums. He had been
advised to take the position there was no way of knowing when the rezone
would be completed and asked that the various agencies consider the parcel
map on the merits of the current zone which was "A-2" zoning. His map
was ready for thep reliminaryreport in November. The meeting before the
Advisory Agency was held up pending the final decision by the Planning
Commission. It was held up for about seven months. He is proposing
three five-acre parcels and the remaining parcel would be 19-1/2 acres.
He will have to comply with county standards on the map. There are many
parcels in the area that have been split with no control on them. He
will be providing fire access to over 200 acres. The access to Lumpkin
Road at the intersection is dangerous. He will be improving the intersection.
Mr. Shipley spoke regarding the soil depth and the Health
Department requirements. The report is that the soil depth and percolation
are good. Within 300 feet of his property there are a large number of
parcels from three to seven acres in size. The people who spoke regarding
bad wells in the area live five or six miles from his property. There is
no problem with water on his property. There is no problem with the fire
response time.
2. Leslie Steidl. Ms. Steidl put up_ maps for the Board to look
at. One of the maps was prepared by staff during deliberations of the
zoning and has the slopes designation. She set out the slopes at this time.
The smaller lots near Mr. Shipley's property has access on the road.
There is drainage going through these parcels .that would be maintained ae
leach free areas. The slope on the property is over 10% slope. She
felt the Board should review the timing on the request. In August 8,
1978 there was a proposal for two acre minimum parcels in that area.
The Board defeated that proposal. In November, 1978 the Planning staff
was directed to set hearings on the Caaig Mooretown Ridge rezone. The
hearings were delayed because of the General Plan changes. Three months
after staff was directed to hold hearings, Mr. Shipley purchased the
property. On May, 1979 Mr. Shipley applied for the parcel split. Mr.
Shipley was advised of the planning problems. On September, 1979 Mr.
Shipley received the final environmental designation. The Board adopted
the zoning for this area on February, 1980. There are problems with
the slope. Mr. Shipley's land exceeds 10% and goes to 30%. There 3s a
problem with soil in the area. The road to Mr. Shipley's property has
quartz on it which indicates there is not much soil depth. There is
a problem with access. Lumpkin Road is very windy. There are problems
with water in that area. The EIR states there are no true acquifers.
She was concerned with the cumulative effect a division could cause.
Page 477.
June~10, 1980
June 10, 1980
80- There is a potential for seven parcels on this property with an "FR-5" zoning.
3 She spoke regarding property rights. Property rights have to be, considered
in the light that they exist with other property rights around it. After
long years of work a final zoning was adopted by the Board. She has lived
in the area for ten years and her husband was born in the area. There
are 640 parcels in that area at the present time, with 80 homes. There
are enough parcels to have a population eight times what it is at the
present time.
3. John Luvaas. Mr. Luvaas stated he was representing a number
~f property owners in the area. The Board is aware of the zoning history.
Phe zoning which exists now in the area is the result of a compromise.
Not everyone was happy. What is being proposed is the breakdown of the
compromise. He did not feel it was necessary to encourage more people
to break down the zoning. Mr. Shipley made no attempt to contact the
people working on the zoning in the area. Mr. Shipley knew that 20 acres
would be recommended. The two acre parcels in the area were created by the
federal government. That was probably a mistake. Those parcels have
created problems in the past. Most of the parcels in two acre minimums
are too small to develop because of the drainage requirements. The
question of property rights is important for all of us. The question
of steepness on property was one of the items predominant in the
planning process for the area. It is one of the policies of the Land
Use Element text. In the area, the parcel map clearly shows 12% to 15%
on the lots for five acre minimum. The slope on the 19 acres is far steeper
than 12% to 15%.
Mr. Luvaas stated that from review of the U. S. Soil Conservation
service map in the case of grantized soil there is a recommendation for
12% be considered as maximum. Granit= is subject to erosion and
percolation problems. There is not much filtration in granit soil.
Soil percolation recommendations for this type of soil is four feet.
The maps prepared for this property on the five acre proposals show
a depth of 25 to 30 inches. This does not taker in the entire parcel.
The lower portion is in the 20 to 30 inch range. The cuts in the road reveal
grant, This property is one-half mile up the slope from Lake Oroville
and close to Ponderosa Reservoir. He was concerned with dra}gage into
Lake Oroville. This will add to the siltation in Lake Oroville. There
could be possible drainage of sewage into Lake Oroville. There is a
question as tt the availability of water on the entire ridge. Mr.
Luvaas set out where the water came from for the people on the ridge. These
are through subterrainian fissures. That type of fissure would also be
the same type that would hold sewage. This could create a potential
hehlth hazard. He felt these items needed to be researched as they are
Mr. Luvaas suggested that if the zoning was approved, there
were two things that should be considered for the parcel map. The condition
that a determination be made that adequate water is required. He felt
that Public Works should require something in the way of improvements to
the road for access. Lumpkin Road itself should be d~anged. Mr. Luvaas
asked that this matter be continued so that Supervisor Winston could vote
on the matter.
4. Richard Shipley. Mr. Shipley stated that he has test
holes that show a soil depth of from 6-1/2 to 8-1/2 feet. He had no
idea the process was going on regarding planning. He knew there was a
proposal. He was not advised how he could take part in the process.
He felt his application took precedent over the final zoning proposal
if this was not done before August of 1979.
Page 478.
June 10, 1980
80-
'fi
- _ _ _ - - _ _ _ _ _ _ =June 10~ 1980 = _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
- 5. John Luvaas. Mr. Luvaas stated that the BCAG soil depth chart
talks about two feet. The direction was done in August, 1978. Mr. Luvaas
gave the Board a copy of the soils'chart.
Hearing closed to the public and confined to the Board.
951
Chairman Lemke stated he was concerned with the immediate
proximity of some of the zones in "FR-5" zoning. There are^aen<~aere
minimums in the "R-C" zoning and 40 acres in the "FR-40" zoning.
It was determined by slope and availability of water, drainage and
erosion. The concerns expressed by Ms. Steidl, Mr. Luvaas and the
Planning Commission are concerns better determined by the regulating
commissions issuing permits.
Supervisor Dolan stated the patterns and differentials were
developed for the zoning in the area and were considered, There were
many people involved in the zoning for that area. She felt the Board would
be starting to unravel a zoning, that was just approved. She felt the area
should stay as it was adopted for the time being. There axe 550 parcels
that could still be developed in the area.
Supervisor Wheeler stated there were many people in that
area doing illegal things with their property. This process was started
about 12 years ago. There were many citizens involved at that time.
Many of the people were not involved at the end because it was a three-
ring circus. She owns property in the area. She was acceptable to
the zoning.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, finding the proposed project could not have a significant
effect on the project, a negative declaration was approved. AXES:
Supervisors Moseley, Wheeler and Chairman g,emke. NOES: Supervisor
Dolan. ABSENT: Supervisor Winston
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and carried, the rezone from "FR-20" (foothill recreational - 20 acre
parcels) to "FR-5" (foothill recreational - 5 acre parcels) for property
located south of Lumpkin Road and west of Ponderosa Way approximately
two miles northeast of the Enterprise Bridge between Oroville and Feather
Falls was approved finding it is in conformity with the General Plan;
Ordinance 2117 was adopted and the Chairman authorized to sign. AYES:
Supervisors Moseley, Wheeler, and Chairman Zemke. NOES: Supervisor Dolan
PUBLIC HEARING DATE SET
A public hearing date of June 17, 1980 at 11:15 a.m. was
set for consideration of Harvey Weidman appeal of denied septic system
permit~on AP 71-06-9, Cohasset State in Chico.
r! Dan Blackstock, county counsel, stated there was no requirement
to advertise the hearing.
ADJOURNMENT
There being nothing further before the Board the meeting was
adjourned at 12:51 p.m. to reconvene on Tuesday, June 17, 1980 at 9:00 a.m.
ATTEST: CLARK A.NELSON, COUNTY CLERK-
RECORDER and ex-officio Clerk
of the Board of Supervisors
Chairman Board of Supervisors
B Page 479.
y June l0, 1980