HomeMy WebLinkAboutM080878August 8, 1978
RECONV~f'NED: The Board reconvened at 9:00 aomo pursciant to recess:
Present: Supervisors Lemke, Moseley, Richter and Chairman Winstono Clif
Mickelson, Administrative Officer; Dan Blackstock, County Counsel, and
Clark A. Nelson, County Clerk, by Margie Catt, Asst, Clerk of the Board,
Absent: Supervisor Madigan
Pledge ofa Ilegiance to the Flag of the United States of America
Invocation by Supervisor Moseley,
1461 APPROVAL OF MINUTES
On motion of Supervisor Richter, seconded by Supervisor Lemke and
carried, the minutes of August I, 1978 were approved as mailed.
1462 COMMUNICATIONS
Lippincott Surveying,. Rnradise, The surveyors, on behalf of Robert J, Smith, appeal
condition #1 to a tente~!'i ve parcel map for AP 41-20-50, north side of Shippee
Road, south side of Oroville-Chico Highway, east of Highway 49E, Nelson.
Set for hearing on August 29, 1978 at 10:15 aomo
Arthur M. Graham, Paradise, Mr, Grahem writes concerning the air quality of the
county 'r~~ relation to the proposed coal fired plant, Information onlyo
Glenn James Baker, Chicoo Mr. Baker writes conceming alternate sites for the
proposed power plant and the usea~IF electric locomotives rather than diesel.
Information.
W, M, Wilson, Oroville. Mr. Wilson writes conceming the county's procedure in
mailing no#ices of hearings, Discussed; Chairman Winston to answer letter.
Edward Jo Falkenstein, Paradiseo Mro Falkenstein writes regarding the need for a
stop light at the intersection of Skyway and Oliver Road and suggests the
use of (surplus funds)o Discussed; no action taken.
Walter J. Rolland, Paradise. Mro Rolland writes concerning Proposition 13 and the
abuse of the welfare system. Information only,
James W. Farrar, Chico, Mro Farrar writes in support of the continuance of the
Veterans Service Office, Information.
Butte County Library, Letters of support for continued funding of the library have
been received from: Frieda Boeger, Ethel Bomefeld, Alice Browne, Machael
and Kay Coder, Cleo Hall, Marian Kerlin, George and Marie Leyes, Gerda
Lydon, Barbara Ochs, Virginia Parker, Evelyn Ripley, C, Vin and Margaret
White and Earl Bonner, Information.
Northern California Health Systems Agency. The Agency forwards bylaws of the
corporation as amended by the Board of Directors on June 23. Discussed;
no action taken a
Page 136.
August $, [978
August 8, 1978
Region C -Criminal Justice Planning Boardo The Organization writes requesting
that the county provide $5,537 Juvenile Justice match money for Region C
budget operations, Howard Casagrande present to explain this communication,
Referred to Adm*inistrative Officer for study and recommendation.
Region C -Criminal Justice Planning Board. The Planning Board writes concerning the
implementation of AB90 and suggests that leach county contract with Region C
for the necessary staff to perform the functions as required. Discussed; referred
to Administrative Officer for recommendation,
State Employment Development Department. The Department sends notice that they
are planning to locate an office in the Paradise area. Information.
State Department of Transportation, The Department forwards ~'"ots resolution of
relinquishment of highway right-of-way at Anita Road, approximately
six miles south of the Tehama County line. Referred to Public Works Director.
State Health and Welfare Agency, The Agency forwards its re~nse regarding
Director Marion Woods and the relationships between the state and counties.
Welfare Director commented on lettero No action taken,
USDA-Forest Service. The Department forwards information concerning management
of roadless and undeveloped areas that are partially within Butte County.
Referred to Fish & Game Commission for their commented
Thermalito Irrigation District, The District writes requesting that the Board provide
$2,928 in state surplus funds for fire protection services provided by the District.
Discussed; meeting to be set up between this District and OWID & EI Medio Fire District,
Nor Cal Cablevision, Inc., Oroville. The Firm forwards sample ordinances for the
B°ourd's consideration relating to the undergrounding of cable television services.
Administrative Offi cer to have an amendment to our Ordinance prepared o
Oroville-Wyandotte Irrigation Districto The District requests priority status for state
surplus funds far fire protection services in the amount of $13,488, County Counsel
explained communication, Meeting to be set up with the Districts and
County Counsel,
C. Robert Nicholson. Mr. Nicholson.;~~bmits his resignation as Development Commission
Director effective September 2, 1978. Discussed; no action taken.
Wo F. Searle, Alexandria, Virginian Mro Searle writes in support of TM-]0 zoning
for his property, AP 071-05-0-001, located within the proposed Craig
Mooretown Ridge Taxpayers Association rezone, To be considered at
the time of hearing,
John M. Dowling. Mr, Dowling writes concerning reserve funds in Special District
Budgets. Read and referred to Administrative Officero
463 SUPERVIi~'ilR RICHTER REPORTS ON REQUEST FOR MEETING IN CHf~:
TUBEING ON SACRAMENTO RIVER
Supervisor Richter reported he had received a telephone call from Lt. Whimple
of the California Highway Patrol office in Willows, Lt, Whimple would like to have
a meeting in Chico about the use of tubes on the Sacramento River and the problems it
is creating. There are real problems involved in this situation. Supervisor Richter
suggested that the Board authorizer'the Administrative Officer to arrange for a meeting
in the Chico area. Mr. Ilhickelson will contact Lt. Whimple and arrange a meeting date.
Page 1370,
August 8, 1978
--------------_=Augus_t3~.=127.$____________________
78-1464 PUBLIC HEARING SET: PROPOSED GENERAL PLAN CHANGE
A pubFic hearing was set for August 29, (978 at 10:30 a.m. for the
Butte County Planning Commission proposed General Plan change from "timber
mountainous terrain " to 9ndustrial "property located on the southwest corner
of Robinson Mill [toad and LaPorte Road, containing approximately one acre,.east
of Orovi I le o
78-1465 WAIVE FIRST READING: SALARY ORDINANCE AMENDMENT
On motion of Supervisor Lemke, seconded by Supervisor Moseley and
carried, the first reading of the salary ordinance amendment which deletes the
classification of Executive, Director -Special Programs was waived..
78-1465 ADOPT RESOLUTION 78-134 REPLENISHING THE CASH DIFFERENCE FUND:
CHICO MUNICIPAL COURT
On motion of Supervisor Moseley, seconded by Supervisor Lemke and
carried, Resolution 78-134 replenishing the cash difference fund and transferring
the balance in cash overage to the genera! fund was adopted and the Chairman
authorized to sign.
78-14b6 REFUSE COLLECTION LIABILITY INSURANCE: HELD OVER ONE WEEK
A report and amending ordinance has been prepared regarding liability
insurance for refuse collectors, discussed and put over one week, Supervisor
Richter set out his thoughts concerning this matter. Chairman Winston requested
that the Board members look over the proposed action and that action could then
be taken next week.
78-1467 DISCUSSION OF CONTRACTING FOR ANIMAL CONTROL SERVICES:
DISCUSSION CONTINUED TO THURSDAY, AUGUST 10, 1978, FOR ACTION
Discussion of contracting for animal control services put over until
Thursday morning, August 10, 1978, at 9:00 a.m. during budget discussions.
78-1467 BUDGET TRANSFERS APPROVED
On motion of $~pervisor Richte ,seconded by Supervisor Lemke and
carried, the following budget transfers were approved:
Start.
B-3 Cor;rrr.unity Action Agency-Head, This is a $81,328 transfer to
establish the appropriation for the 1978 Head Start cost of living and expansion
supplemental grant which was approved on July 20, 1978 and is comprised of
$65,062 in federal revenue and $16,266 in-kind contribution.
B-4 Community Action Program -Administration. This is a $33,036 transfer
es#ablishing an appropriation for the EOC 1978 Block grant augmentation which was
approved by the Board of Supervisors on May 9, 1978 and the Community Services
Administration on June 15, 1978. The transfer encompasses $25,000 in federal aid
and $8,036 in in-kind contributions.
B-5 Housing and Community Development -HUD Block Grant. Transfers
$10,000 fromHCD relocation to residential rehabilitation within the HCD 1977-78 budget,
B-b Community Action Program -Summer Food Program for Children.
Establishes a $1,653.95 appropriation for the EOC Summer Food Program which was
approved by the Board of Supervi,~sors on June b, 1978 pnd the State Department
of Education on July 29, 1978 wirii~~unding coming from state aid. August 8,.1978
Page 138.
-_-_________----_ ~~st8, 1978__________________
B-7 Supplemental Manpower Program -CETA Eli SPEDY. Transfers $1,500
from employee safety equipment and $2.228 from other transportation and
travel, together with $37,515 in federal manpower funds; thereby increasing
the appropriation for CETA III -SPEDY 1978 progarm as follows: extra help,
$39,242 and employee benefits, $2,001. This action is in accordance with
the Board of Supervisors approval June 27, 1978; Minute Order 78-1194.
78-1468 PUBLIC HEARING SET FOR AUGUST 29 & September 12, COMMUNITY DEVELOPMENT
BOCK GRANT APPLICATION
Public hearings were set for the [978/79 Community Development Block Grant
application for $450,000 for Tuesdays August 29, 1978 at II:00 a.m. and September 12,
1978 at II:00 a.mo
78-1469 PUBLIC HEARING SET FOR THE LYNN VAN LOAN PETITION FOR VARIANCE-
AUGUST 29,,1978 at 9:30 a.m.
A public hearing was set for Tuesday, August 29, 197$ at 9:30 p.m. for the
Lynn Van Loan petition for variance to Sections 19-10 and~or il4c~12~a~ thet}BailtexCounty
E~sdegfde~Ifadsm~EiR®I'$~;~bile home at 2611 Burnap Avenue, Chico, AP 44-36-270 ~!~~~,
78-1470 SAFETY DEPOSIT BOX LISTING FEES PUT OVER Vf~iNE 11+wEEK
The Treasurer requests an increase to the box listing fee from $5 to $7.50;
request put over one week.
78-1471 PUBLIC HEARING: EXTENSIONOF INTERIM R-N: ADOPT ORDINANCE`. .1949
The public hearing on the extension of Interim R-N (residential-nonconforming)
zoning of residential property located in South Oroville held as advertised. Bettye
Blair, Interim Planning Director, set out the background of the area and the extension.
Staff suggested that the Board approve the extension; the zoning could be extended for
an additional year if the Boar<J so desires.
Hearing opened to the public. Appearing:
I. Mrs. Lillian Broso. She said she understands that there will be a youth
center put in on the property being zoned. Neighborhood type buildings explained by
Mrs. Blair. The people in her neighborhood are elderly and would not like the
noise that would go with this type building. She expressed her opposition to the
zoning.
Hearing I:losed to the public and confined to the Board.
On motion of Supervisor Richter, seconded by Supervisor Moseley and
carried, extension of Interim R-N zoning of residential property located in South
Oroville was approved; Ordinance 1949 adopted extending the zoning to August 99
1979 and the Chairman was authorized to sign.
78-1472 PUBLIC HEARING: CMR TAXPAYERS ASSOCIATION, INC. -ENVIRONMENTAL IMPACT
REPORT ~ REZONE FROM "A-2" (GENERAL) TO '~C-I " (LIGHT COMMERCIAL), "TM-5"
'TM-20" (timber mountain -5, 10 and 20 acre parcels), "FH-RR-2"and "FH-RR-S"
(FOOTHILL-RURAL RESIDENTIAL, TWO AND FIVE ACRE PARCELS) I~ROPERTY LOCATED
SOUTH OF MIDDLE FORK OF LAKE OROVILLE, NORTH OF SOUTH FORK OF LAKE
OROVILLE AND WEST OF TOWNSITE OF FEATHER FALLS
The pu is hearing on the CMR Taxpayers Association, Inc. -Environmental Impact
Report and rezone from "A-2 " (general) to "C-I " (light commercial) '"fM-5 ", "TM-10 ",
and "TM-20" (timber mountain - 5, ~Qx~d 20 acre parcels), "FH-RR-2"and "FH-RR-S"
Page 139.
August 8, 1978
(foothill-rural residential, two and five acre parcels) property located south of
the Middle Fork of Lake Oroville, north of the South Fork of Lake Oroville and west
of the Townsite of Feather Falls, containing 12 square miles, more or less was held
as continued from June !3, 1978.
Earl Nelson, Director of the Environmental Review Department set out the
background of the environmental review report, and also presented Board members
with a copy of a letter from United States Department of Agriculture, Plumas
National Forest dated August 6, f978 regarding aspects of this proposed rezoning
affect on National Forest Land which they felt the Board should consider. Mr. Nelson
made reference to the E1Rbefore the Board, stating that the draft ElRwas presented to
the Board an June 13, 1978. Mr. Nelson stated he could formulate an answer to the
Forest Service letter-today. There has to be a complete EIR before the Board to be
certified, before any action can be-taken on the rezoning.
Dan Blackstock, County Counsel, stated that in view of the fact that this
will be a lengthy hearing he would recommend that the Board give notice of their
intended decision regarding certification of the ElRand have findings prepared for
Board action. The Board could then take action next week. At the conclusion of
this hearing, the Board could outline their intent.
Chairman Winston asked why, after four years of discussion of fhis proposed
rezoning, did the Forest Service finally send a letter such as the one received this date.
Mr. Nelson stated that they had been involved in staff changes and the one in charge
at present just became aware of this matter.
Mr. Nelson stated that his department and the people involved were attempting
to give the Board as much information as they possibly could obtain. Slope map setup
and explained by Mr. Nelson, setting out the various areas to be zoned. lie
said he would encourage the Board to consider the areas over 30% slope for forger
size lots. Supervisor Richter asked from the prociedural point of view if the Board
opted to send back this zoning proposal with a specific recommendation to the Planning
staff, could it then be considered by them. Chairman Winston stated that as far as
the zoning goes, certain areas could be sent back to the Planning Commission and they
could make a recommendation for areas that are designated. Chairman Winston stated
that at this time, the first thing the Board must do is to consider the E.I.R.
Supervisor Richter stated that he hoped that the Board wi[! see the
difficulties in this matter and send it back to the Planning Commission and have it re-
advertised and re-heard by the Planning Commission, Mr. Nelson stated that the
law encourages the Board to make modifications w~}iere alternatives that are superior
are presented. The law makes provisions for these modifications. Mr. Nelson said
it was incumbent on the Board to make a decision.
Supervisor Richter stated that it is indicated that part of this has to go
back to Planning. !t is a legal question now. The only thing that the Planning
Commission can consider is that which the Board sends back to them.
The Board recessed this hearing at this time until other matters are handled.
Page 140.
August 8, 1978
_-___Au„gust8~ 1978---------------------
78-1473 CONTINUED PUBLIC HEARING-DISTRIBUTION OF STATE SURPLUS FUNDS FOR
SPECIAL DISTRICTS -SENATE BILL 154
The continued public hearing on distribution of state surplus funds for special
districts -Senate Bill 154 held at this time. Bill Lawrence, Auditor, stated they have
developed an anayl_sjrsisrfd~ia needs of the fire districts, Copies of the analysis
presented to the Board members. Copies also given to the fire districts. Hearing
continued to Thursday morning, August 10, 1978 at 9:00 a.m.
RECESS: 10:05
RECONVENED: 10:15
78-1474 ADOPT RESOLUTION 78-134 SETTING NOTICE OF INTENTION TO ABANDON
PORTION OF EL PASO WAY IN CHICO
On motion of Supervisor Richter, seconded by Supervisor Moseley and carried,
Resolution 78-134 giving notice of intention to abandon a portion of EI Paso Way in
Chico was adapted, September 19, 1978 at 10:00 a.m. set as hearing of said abandonment
and the Chairman was authorized to sign.
78-1475 CONTINUATION OF HEA RING ON CMR TAXPAYERS ASSOCIATION, INC.
ENVIRONMENTAL IMAACT REPORTAND REZONE: FEATHER FALLS AREA
Continuation of the CMR Taxpayers Association, Inc. hearing on the
environmental impact report held as recessed. Hearing opened to the public;
Appearing
1. Bruno Wojcik, 7475 Lumpkin Road, representing the CMR Taxpayers, Inc.
Mr. Wojcik had a chart setti~~g out the status of the rezone to date. They have worked with
the County staff -since June 13, 1978; also worked with legal counsel and everyone
concerned to reach an agreement in this matter. He stated that the EIR was based on
the old map; explained the new map setting out the parcels involved. Increase in
acreage of the different zones set out. C-I has been decreased to 21 acres from
the original 56 acres. They have compromised on many issued., He stated the
Board was legally obligated to consider the old map. The corrected map was the
one that should have been advertisedo They are not requesting the Board to approve
the new map.
Mr. Wojcik felt the E. I, R. was very conservative in that the potential
number of lots are understated. In summary he stated that the E. (. R. is viewed
as very cautious and careful in anticipation of any potential impacto Responses
to comment fetters were general ly good.
Position of [QVLR Taxpayers set out. They are reques#ing that this Board
expedite matters by approving the old map, even though obsolete, excluding the
changes that were not advertised. Area to be rezoned set out. The EIR was
written on the obsolefe map.
2. John Luvass, Chico, attorney at law, representing a large number of
property owners in the rezone areas. In interest of the clients, people that live
in the area, he is speaking and attempting to profect their fife style, the health
of the residents, water supply, freedom for wild fire danger. The position of his clients
has been spelt out in correspondence to the Environmental Director. The comments
have not been adequately responded to, he said; they will be proposing an alternative.
At this point, fcfi~e purpose of clarification,. parcels proposed should be set out at this time.
Page 141.
August 8, 1978
________Au~ust8~ 1978__
Bob Geiser, Planning Department, stated there would be about 200
Tess parcels than that being proposed.
Mro Luvaas stated that this is mountainous area; not on the out-skirts of
Orovil le. It is an area of bad roads; there are few people residing there.
He stated that their interest was to protect the land and the life style of the
people residing in that area. This is the first time this land has been zoned,
He stated that the people that were going to speak were going to introduce matters
that were not dealt with by the E.I. R. The archaeology of the area; there are
a number of sites in that area. Most of the known sites are under Lake Oroville.
Most of the sites have not been studied and are within this rezone, Most of the
history of this area is unwritten; has not been recorded. Mr. Luvaas said his
clients had hoped that a representative of the Tribai Council would be present
at this hearing.
3. Dr. Keith Johnson, Prof. of Archaeology, representing the Society
of California Archaeology, stated the Board should protect the pre-historic legend
of this area. Any zoning which would hYSve parcels of less than 10 acres would
tend to jeopardize any of the resources. He felt the larger size parcels would
protest the archaebJb~7ical sites. A study at this time would be extremely expensive,
Dr. Johnson stated that it is knot known whe3e the resources are; the probability
is high that they are there, They should be protected now, In the next 30 years,
if efforts to save them are not taken, most of the sites will be destroyed,
Dr. Johnson stated that the subject of Valley Fever is nat covered by the
E.I. R, This is a deysease that is known to Sacramento Valley. It is a danger to
people that work with dirt.
Hearing recessed at this time until later in the meeting,
78-1476 APPROVE REQUEST FOR PHYSICAL FITNESS. PROGRAM OF PARADISE
TO CONDUCT A RUN ON NOVEMBER 19, 197$
Kerry Johnson, 5892 Clark Road, Paradise, Director of the Physical
Fitness Department at the Feather River Hospital, stated that the Ridge Run was
very successful. He is present at this time to request that the Board approve
another run onf~Jovember 19, 1978, Course of the run set out, It will be held
at Butte College. There is a section of about a mile where there would be runners
along the side of the road.
On motion of Supervisor Richter, seconded by Supervisor Moseley and
carried, request of Mr. Johnson, Physical Fitness Program of Paradise, was
approved to conduct a run on November 18, 1978 in Paradise.
Mr. Hpl McDonald, Public Works Department, stated they would have
to contact the Department of Transportation about the portions of the road
(Clark Road) that would be ran by these runners.
78-1477 APPEARANCE: MRS. KATHERINE WHITNEY, CHICO CONCERNING
SACRAMENTO AVENUE ASSESSMENT DISTRICT
Mrs. Katherine Whitney, Ghico, presented a letter concerning Sacramento
Avenue Assessment District. The Board had requested that Clay Castleberry, Director
of Public Works, respond to the questions set out by Mrs. Whitney at the Board
meeting of July 18th. A negat~ye~~leclaratitmn was approved for this project.
Page 142, August 8, 197$
---------------August811978 _---__---------------
She explained what the E.I.R. dealt with; on the first part of July, notices
were sent to four people by the U. S. Corps of Engineers. She stated she was
concerned with procedures used by county officials. Chairman Winston thanked
Mrs. Whitney for her statement and told her that her remarks would be .addressed
to by County Counsel as to the legal points.
78-1478 APPEARANCE: EMILY FORTIER, CHICO
Mrs. Emily Fortier, Chico, spoke concerning clean air in Butte County
and the coal fired plant. As a ci#izen of this County, she felt that the fumes from
such a plant would make Butte County a smog capitol. She feels that agriculture
production would decrease if this plant is put in this county.
78-f479 APPEARANCE: MRS. ROWENA FLYNN, CHICO
Mrs. Rowena Flynn, Chico, delivered a letter from Anne Longazo,
a member of the Chico Library Advisory Committee. As a member of the
committee, she urges the Board to consider the services of the libraries. Any
cut in the budget would reduce library services.
Mrs. Jo Terry, County Librarian, will respond to this Thursday morning
at the budget hearings.
78-1480 APPEARANCE: DAN HUTSFELDT, CHICO :BANNING OF HERBICIDES
Dan Hutsfeldt, Chico, set out his concerns on what could happen to
orchards and crops if the County continues to ban herbicides. He asked what
the Board intended to do about this problem. Chairman Winston stated that the
County was doing some monitoring out in his area. No action taken.
78-1481 APPEARANCE: RON GRAVES, LAND SURVEYOR RE MC LAUGHLfN/GREEN
SUBDIVISION
Ron Graves, Land Surveyor, stated he had met with Supervisor Lemke and
the property owners representatives. They request that certificates of Compliance
be issued. Chairman Winston told him that this would be handled later this
afternoon,. .
78-1482 CONTINUATION OF CMR TAXPAYERS ASSOCIATION, INC. ENVIRONMENTAL
IMPACT REPORT AND REDONE HEARING
John Luvaas continued his summary of the opposition to the rezone
proposed for this area. He covered another question in the E, 1. R. that is of
concern to all citizens of the County. What will be the tax consequence
to the people of this proposed rezone. No answers were provided for these
inquiries. How much will the taxpayers have to pay to upgrade Lumpkin Road and
Craig Access Roado All other roads in that area will have to be improved to
handle the increase in populationo Also, what about water service and police
protection. Fire Services should be considered. It is obvious from the E.I.R.
that there is a tremendous fire hazard in that areao There ~.yvould have to be new
fire fighting equipment and more fire fighters. The cost of service to mountain
areas is far more expensive than in the cities.
Mrs. Virginia Veerkamp, No. 7, Madrone Circle, Feather Falls,
addressed the Board regarding services in the Feather Falls area. She stated
that there was tim'ae~r in that area. She asked what the loss of revenue for the
area would be if the area decreases the amount of timber. The County depends on
timber revenue for services in this county, She asked where the county would
secure funds for the improvement of the roads. Would it come from assessments
Page 143.
August 8, 1978
____ August 8L1978____________
to the people in that area or from all the taxpayers in the County. She stated
that CDF was concerned about a fire in that area; will they have to increase the
services for fire protection. Chairman Winston stated that the E.I.R. does not
properly address itself to the fire protection problem.
Mrs. Veerkamp stated that they have been asked to reduce the power usage
to keep them from having a blackout. Will the present services adequately handle the
situation if the area is developed. She said she was apprehensive about the other
taxpayers feelings when the services have to be paid for, Supervisor Richter asked
Mrs. Verkamp if her statements about the danger to the area from fire, danger to people
in the area from lack of police protection might be caused by the fact that she lives
in that area. Mrs, Veerkamp ysaid she would like to see her home and those of
her neighbors protected.
Chairman Winston set out the policyofOf this Board about. road standards
and improvement to the roads. He does not foresee any massive expenditure to the
Feather FQlls road. Supervisor Richter stated that there are people that want to
live in areas where there are no services. They like to be isolated. They want to
protect their present life style.
Mr. Luvaas commented on the statements set out by Supervisor Richter, These
people do not have the power to prevent huia~dreds of new people moving in to that
area. The comments are fine as far as the E. I, R. goes; information is difficult
to obtain. If new fire services are needed, if have creation of new parcels, there
will be a need for more services, if the area is rezoned, there will be more people
and more impacts to the areao
Earl Nelson stated that the California Environmental Act requires that
adverse impacts must be spoke to; the main thrust here is with the impact to the
natural environments,
Hearing continued at this time until after noon recess.
RECESS: 12:00
RECONVENED: 12:30
78-1483 REPORT TO BOARD REGARDING MC LAUGHLIN/GREEN SUBDIVISION:
CE RT.UFJTE~aSq.F Q~Y~f~~Cff,TiSt~14ElBD
Report to Board regarding Mchugh in~reen Subdivision discussed at
this time. Ron Graves present to comment on the matter. He stated he had met with
Supervisor Lemke and two representatives of the home owners in the area. He
requested that Certificates of Compliance be issued at this time, at no cost to the
property owners. Supervisor Lemke requested that the property owners stipulate
to the agreement. Bill Cutler so stipulated. It was felt that this was an honest
attempt to maintain integrity in County Government. County Counsel recommended
approval of the action.
It was moved by Supervisor Lemke, seconded by Supervisor Richter and
carried that the Subdivision Review Committee review this subdivision request and issue
certificates of compliance for the 8 parcels involved in the McLaughlin/Green
Subdivision, at no cost to the property owners.
Page 144.
August 8, 1978
-------------- Au~usr8,_1978__--_--_---------------
78-1484 CONTINUATION OF THE CMR TAXPAYERS ASSOCIATION, INC. HEARING
Chairman Winston asked Mra Luvaas how much more time it would take to
complete his presentation in this hearing. Mr, Luvaas said ~t would talab about
another half-hour.
Mr. Luvaas commented on the availibility of water in that area. It was
stated that someone had a well that would draw about 100 gallons per minute. He
said there was no such water in that area. The soil and terrain does not have that
type water. During the summer months, the existing residents ration the water.
There will be a problem if there is much more development up there. Chairman
Winston stated that the water problem is covered in the E.I.R. Mr. Luvaas
stated that there would also be a problem with the seepage of sewage into water.
City of Oroville's water supply is from Ponderosa Reservoir; drainage wil I affect
this wafer to Oroville. Mr. Luvaas said he disagrees with the E.I.R. as it relates
to sewage and water. He would like to know from staff the source of the information
about the depth of the soil.
Mr. Luvaas said there is a tendency to depend on the Health Department to
take care of these things. There are shallow septic systems in that area. Far ten
years affluent flowed from behind the Feather Falls School. Raw sewage flowed
over the ground. It took 10 years to determine that there was sewage flowing at
this location,
Mr. Luvaas called the following to explained the matter of the depth of the
soil.
1. Mrs. Lehiie Stiedl. Motter of perculation set out. She said she has
no fault with the statements in the E. I. R, made by the Director of the Department,
The plants will handle the watf~r now. During the winter there is a problem of
getting rid of the runroff. Letter 10, response from the Environmental Director to
Mr. Luvaas letter, set out by Mrs. Stiedl. She felt that the use of the word 'believes"
is not a very definite statement. Water quality problem spoke to by Mrs, Stiedl.
During the rainy time of the year, you have the affluent and water from the rain
going through the same system. She does not believe that the EoI.R, addresses
itself to this problem adetquately. Matter of noise; felt should add that the heavy
Logging trucks cause noise only during six months of the year. Feit that the coverage
of accoustical wos~ inadequate, Page 19, vegetation; she felt this could be deleted.
Page 29, drainage-felt this was inadequate. There are water problems now. Water
quality is a consideration,
Mr. Luvaas pointed out the response to the letter from Parks and Recreation
which stated that 15% slopes should be a maximum slope for residential areas. At
least 50% of the parcels are in the 30% slope ores. Most of that area is rather steep and
is in excess of the 15°!o slope. That portion of the E.I.R. is not adequate. He
commented on the wild life area. The Mooretown deer herd has about 40% of the
winter range for the deer herd, If these animals have no place to go they will not
survive.
Mr. Luvaas covered the points he felt were important. Slides of the
area showed by Judy Wheeler, Feather Falls.
Hearing recessed on the draft E.I.R.
Page 145.
August 8, 1978
______________=~,~~8,=1Q78=====_________--____
78-1485 DISCUSSION OF UNSECURED TAX RATES: ADOPT THE $4.00 RATE:
THE PERMISSABLE RATE ALLOWED BY PROP. 13
Discussion of unsecured tax rates held at this time. Chairman Winston
stated that this was brought about by Prop. 13; the tax rate should be established.
Bill Lawrence, County Auditor, made a statement at this time; he
stated he was prepared to act in the manner that Supreme Court rules. He
will levy last years rate; he will not levy it as directed by this Board of
Supervisors. He said he does not know when the roll will be ready. He
stated the County could hold up issuance of the bills if Supreme Court agrees to
hear the matter. Mr. Lawrence stated he would hold the bills until given
a decision from the Supreme Court. He stated he has been in the tax rgte
business for a number of years and is pretty astute in interpreting the tax laws.
Supervisor Richter asked County Counsel how the Board could get
Mr. Lawrence to do what the Board wra:nts him to do. Mr. Blackstock said it would
depend on whether the Supreme Court will hear this matter. The Court might not
even hear it. The County will no~t~ know until some time next week or the following
week.
Mr. Lawrence stated he wps doing what he feels he iektll~atodn;;lie>
will utilize the legal tax rate as determined by the Supreme Court.
On motion of Supervisor Richter, seconded by Supervisor Moseley and
carried , the Board addi Y~dtdevy on the unsecured property tax roll ti; iax-~.'
at the permissable tax rate allowable by Prop. 13, to be delinquent on
August 13, 1978.
Supervisor Richter again asked County Counsel what action the Board
could take to compel Mr. Lawrence to do his duty. Mr. Blackstock stated the
Board could file a Writ of Mandate before the Superior Court. He explained
the time table for such action. He said the Board could not expect a decision on
the matter under 4 to 5 months. The request for a Writ of Mandate would be
costly and would probably be to no avail. He would not recommend that the
Board bring a Writ of Mandate at this time.
Mr. Blackstock stated that Mr. Lawrence has a duty to collect the
taxes and to get the bills out.
The Board stated that they hoped a decision from the Supreme Court
would be received at an early date. If the Supreme Court will not hear the
case, then County Counsel will be directed to go ahead with the Writ of Mandate.
RECESS: 1:57
RECONVENED; 2:05
78-1486 CONTINUATION OF CMR TAXPAYERS ASSOCIATION, INC. E.I.R
AND REZO NE
Mr. Bruno Wojcik spoke at this time. He stated there were several
people that would speak on this matter. Appearing:
I. Conrad Springer, Danville. He felt that the E,1.R. was a very
careful piece of work. He commented on the statements of Mr. Luvaas and
others that have spoke. up to this time. He felt that all property owners in
that area would benefit if the E.ly~~gdvas certified at this time.
Page 146. August 8, 1978
_ _ _ _ _ _ _ _ _ August 8,_1978 _
2. Lars Larson, EI Cerrito. He stated he had purchased his property
for his retirement. He felt that the E.I.R. was satisfactory.
3, Mr. Wojcik stated that the CMR Association felt that the E.1.R.
was very wel I done .
Mr. Luvaas questioned Lynn Van Hart, County Sanitarian, about the
raw sewage at the Feather Falls School o Mr. Van Hart stated that'the problem
was corrected when it was discovered.
Hearing closed to the public and confined to-the Board. Mr. Earl Nelson
questioned about the comments made by those appearing at this hearing. Also
questioned about,the letter from the U. S. Department of Forest Service doted
August 6, 1978. He stated that all questions raised by those appearing today were
handled in the E.I. R, It was felt that all the concerns spoken to today has been
covered by the E.1.R. The E.I.R. could be accepted in its present form.
Comments made about the perculation; accoustical section and increase in
traffic to the area.
Dan Blackstock, County Counsel, recommended that the Environmental
Director bring back the completed E.I. R, next week and the Board could then
certify it, The matter of the rezone could be heard at this time but no action
acn'o•I he taken until after the E,I.R. was certified to. Chairman Winston said as far
as his decision on the rezone and the E, I. R. he feat the report covers all questions
in the matter. A summary of the comments made by those appearing will have to
be made and attached to the E.I.R. Chairman Winston stated he had promised the
people that the Board would take action today. He urged that this Board take
action. He felt that the issues raised today have been raised before and that
they have been addressed to in the reporto
Mr. Blackstock stated that Mr. Nelson should be given the opportunity
to prepare the final Eo I. R, for the board to certify next week.
Supervisor Lemke stated that as people appeared today, he went to the
page of the E.I.R. involved to cover the issues that were being discussed. He
underlined the subject and in each instance the material that was being presented
was covered in the E, I. R.
It was moved by Supervisor Lemke, seconded by Supervisor Richter and. carried
that it is the intent of this Board to certify the E.I.R. with the finding that no
significant environmental issues have been raised that were not covered in the
E. I, R, and that County Counsel be directed to bring back the proper findings
to 6e considered by the Board and that on August 15th, the Environnta)
Director will bring back the completed E.I.R, for Board consideration.
Hearing on the rezone proposals held at this time, Bettye Blair,
interim Planning Director, stated that the recommendation from the Planning
Commission was on the original zoning. She fumed the hearing over to
Bob Geiser at this time. Mr. Geiser commented on the issues involved.
There are two parcels in the North East comer of the map that have been zoned
TP IbO; the applicant agrees that these should be deleted. Also the r'4uo
proposal for commercial zoning; he could not see that a commercial zone would
be compatible to the Genera! Plan. These parcels could be deleted.
General zoning pattern for tl~e area commented on. There is a varied pattern.
aye 147.
August- $, 1978
______________s4s~g~st8,=IQ78=====_=____-_---_-___
He felt there was some inconsistency in the proposal. Staff has worked with the people
in that area. Problems to the zoning pointed out by Mr. Geisero He said the Board
could make changes by referring this back to the Planning Commissiono
Ms. Blair said that the proposal is what every property owner wanted. It has
to be recognized that there are existing parcels without specific zoning. She felt
that the applicant has the right to answer to his applicationo She felt that if there
was going to be a revised situation and a referral back to the Planning Commission or
staff, for reconsideration, there should be a suspension of the time frame. She stated
that the staff could totally support this proposal. Supervisor Richter stated that, based
on Ms. Blair's comments, it seems to him that this Board should not adopt this zoning at
this time. This Board should hold this application in suspense and ask fhat a new zoning
be initiated and hearings held.
Hearing opened to the public at this time. Appearing:
f. Mrs, Doris Springer, Danville. Commercial zoning sites set out. She stated
the E, I. R. for the commercial project was completed and approved and use permits were granted.
These 16 acres were shown on the map as commercial, She said she would provide a outline.
of this matter to County Counsel, Ms. Blair, Planning Commission and to this Board.
Chairman Winston told her to present this information to the people she had set out.
2, Mr. Wojcik commented that after all these years of work, the staff states
things are not right. CMR Association, lnc. still requests that the Board approve the zoning as
requested. Requested that the Board approve the part that was advertised.
RECESS: 3:15
RECONVENED: 3:20
-1487 APPROVE AMENDMENTS ~ ADDITIONS TO GENERAL ASSISTANCE MANUAL
On motion of Supervisor Richter, seconded y Supervisor se ey and carried,
amendments and addifions to General Assistance manual wen? approved.
-1488 DISCUSSION OF WATER CONTRACT
Portion of water contract that relates to Lime Saddle discussed. Mr. Blackstock
stated he would bring a proposed agreement calling for sale of 100 acre feet of water
for two years and it will then be increased to 200 acre feet of the County's water entitlement.
This is in keeping with the desire to use the water locally. Mr, Blackstock will proceed
with the preparation of the contract for the sale of this water.
-1489 CONTINUATION OF HEARING OF CMR TAXPAYERS ASSOCIATION, CINC. REZONE
Mr. John Luvaas stated that one of the ironies of this rezone is the fundamental
misunderstanding of some of the property owners as to what the zoning wil! do. Zoning
explained. He will request one of the residents to speak on the matter of the proxies.
His clients are seeking zoning for the property without creating hazards to the property
owners.
The Lake Oroville Water Study indicates #hat much of the land here was divided
about the time of the building of Lake Oroville. Mr. Luvaas spoke concerning the
commercial zoning, stating that the Springers Store is not in business at this time.
He feels that the whole rezone package should be looked at seriously. They have tried
Page 148,
August 8, 1978
________________9u~t~t8~ 1978 =___________________
to reach some form of compromise. The proponants do not have the authority to compromise.
if there had not been so much obstruction with this group that is for this zoning, the
area would have been zoned a number of years ago. His clients have not caused any delays.
They do want the Board to take the time to do the job right. The Board has not
had an E. I. R, before them until now.
Mr. Luvaas set up a map that shows the proposal of the parcels to be rezoned.
Proposal for rezone explained and discussed.
Mr. Wojcik spoke to the oppositions' proposal. He feels that this proposal
represents an insignificant landowners opinion. It ignores the landowners; they
certainly have more rights than jusfi the privilege of paying taxes. He stated that
Leslie Stiedl represents one group, along with Judy Wheeler. Mr. Wojcik again
requested the Board to consider the proposal before them.
Mr. Conrad Springer commented on the statements of Mr. Luvaas and
set out a copy of the survey letter that were sent to the property owners. It was misleading
he felt. It was his feeling that this was information gathered under misconception.
It serves no useful public purpose. He recommended that the Board approve the zoning
as set out on the map.
Judy Wheeler showed the questionaire in question. She read some of the
responses. She is a member of CMR Associati~'res; she helped write the By-Laws
for the association.
Mr. Ray Howell, Feather Falls, stated he had received the letter and did
not answer it.
2. Ed Krause spoke concerning the matter of timbers There are no trees
because it has all been given away.
Mr. Wojcik read his response to the lefifier. He stated he was going to live
on his property until he dies. He was up there befo~ethe Lake was built.
Leslie Stiedl urged the Board to consider the requests made by these people,
They have worked hard to get a goad E.I.R. She stated she has been working for
good zoning in that area.
Mrs. Sherrill Jones, Lumpkin Road, said she supports the things that
Judy Wheeler and Leslie Stiedl have said. She has five children and they attend
the Feather Falls School.
Hearing closed to the public and confined to the Board. County Counsel
stated that the Board cannot legally make a decision until they certify the E.I.R.
They can set out their intention and make a decision next week.
Supervisor Richter stated he has listened to all the people today; there are
people of good will on both sides. He does not believe that the Board could
approve this proposal.
It was moved by Supervisor Richter that this zoning proposal be sent back
to Planning and ask them to exped!i~ the holding of new hearings on a zoning proposal
that would be put together by the publi~~ge~i14~t~tion, that they consider the proposal
August 8, 1978
----------====- /~u~cust8,=1978====-~____~_==~==W=
and send it back to the Board for consideration,, before the 90 days elapse on this
present proposal.
Motion died for lack of a second.
Chairman Winston stated that the $oard should make a motion to deny the
zoning request. The E.I.R. could be saved but that a new E.I.Ro would be needed
to see how the new project would affect the area.
RECESS: 4:56
RECONVENED: 4:59
It was moved by Supervisor Lemke that fhe proposed zoning be sent back to
Planning staff for recommendation and to bring back information to the Board; the
Board could then have a hearing after staff in-put for modifications, and then the
proposal could be sent back to the Planning Commission for the recommdation of a
hearing.
Motion died for lack of a second.
On motion of Supervisor Richter, seconded 6y Supervisor Moseley and
carried, the zoning application before the Board was denied.
AYES: Supervisors Lemke, Moseley and Richter
NOES: Chairman Winston
ABSENT: Supervisor Madigan
It was moved by Supervisor Richter, seconded by Supervisor Lemke and
carried that Planning Commission be instructed to hold public hearings and come to the
Board with a zoning proposal for rezoning the Craig-Mooretown area, with the County
to bear al I the expense involved in the said matter.
RECESSED: The Board recessed at 5:15 to reconvened on Thursday, August 10, 1978
at 8:00 a.m.
August 10, 1978
Page 150.
August 8, 1978