HomeMy WebLinkAboutM112079November 20, 1979
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.mo pursuant to recess.
Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemkeo
C1if Nickelson, administrative officer; Dan Blackstock, county counsel; and
Clark A, Nelson, county clerk, by Cathy Pitts, assistant clerk to the Board,
Pledge of Allegiance to the Flag of the United States of America
Invocation by Supervisor Moseley
1869 APPROVAL OF MINUTES
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the minutes of November 13, 1979 were approved .as
mailed with the following corrections:
Minute Order 79-1863 corrected to reflect to became effective
one minute after midnight on December 3, 1979 for the counties that have
not been on the odd-even gasoline allocation program instead of one minute
after midnight on November 19.
Minute Order 79-1833, page 346, paragraph 7 to stated If she was
a business owner and someone wanted to buy it she would ask if they could
afford it.
1870 WARD BID - REROOFING OF COUNTY BUILDING
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the bid for reroofing of the old hospital building
at 2279 Del Oro Avenue by Perna Tite Roofing Company of Yuba City in the
amount of $10,650 was awarded.
79-
3'
1871 UTHORIZE PURCHASE - ADMINISTRATION BUILDING -AGGREGATE SEALER
On motion of Supervisor Wheeler, seconded by Supervisor Winston
nd unanimously carried, the purchase of a permanent sealer for all exposed
sidewalks in the arcade area of the Administration Building for an estimated
ost of $1,000 with funding coming from available revenue sharing was authorized.
'I872 ~9PPROVE ERTENSION OF ADMINISTRATION BUILDING PROJECT INSPECTOR'S SERVICE
On motion of Supervisor Winston, seconded by Supervisor Wheeler
d unanimously carried, the Administration Building project inspector's
rvices were extended through January 31, 1980 with the funding to come
om project contingencies to provide coverage of installation of the systems
rk stations and Board Room gallery seating.
',1873 DOPT RESOLUTION 79-235 AMENDMENT RESOLUTION 79-172 TO AMEND TAR RATE FOR
ARADISE UNIFIED SCHOOL DISTRICT LEASE/PURCHASE TO ,426 PER $100 ASSESSED
ALUATION
On motion of Supervisor Winston, seconded by Supervisor Wheeler
nd unanimously carried, Resolution 79-235 amending Resolution 79-172 amending
he tax rate for the Paradise Unified Schaol District lease/purchase to
426 per $100 assessed valuation was adopted and the Chairman authorized to
ign.
.'1874 ~DOPT ORDINANCE 20641^WAIVETSECOND,READING OF ORDINANCE ENABLING BUTTE COUNTY
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the second reading of the ordinance enabling Butte
County Supervisarial district reapportionment was waived.
Page 360.
November 20, 1979
November 20, 1979
79. On motion of Supervisor Winston, seconded by Supervisor Wheeler
{~' and carried, Ordinance 2064 enabling the Butte County supervisorial
district reapportionment was adopted and the Chairman authorized to sign.
AYES: Supervisors Wheeler, Winston and Chairman Lemke. NOES: Supervisors
Dolan and Moseley.
1875
1876
1877
1878
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the following budget transfer was approved:
B-35 - Public Health - General Services. Transfers $24,000 from
revenue sharing - unallocated appropriation _ miscellaneous expense to
contributions to other agencies within the Public Health budget in order
to provide an appropriation for contribution to the Northern California
Emergency Medical Care Council as approved by the Board. in their notice
of intent to fund of November 13, 1979.
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the variance renewal to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 40-30-64,
Box 392, Yocum Avenue, Durham, zoning: "A-5" for Neale W. Dietz was approved.
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and unanimously carried, the variance renewal to Sections 19-10 and/or
19-12 of the Butte County Code for placement of a mobile home on AP 42-05-014,
Box 765, Rodeo Avenue, Chico, zoning: "A-5" for Ben Ringer was approved,
Supervisor Winston questioned Dr. Svihus regarding the increases
on every one of the programs from 1977-78. He wondered why there was such
a surge of use of health services. He wondered if this was a normal increase
and if they had an out reach program.
Dr. Svihus, health director, stated that the programs had increased.
People are coming to them. They are asking for the services. They are not
trying to generate services. His department has lost staffing. Except for
the contracts they are at the 1968 level of staffing. They really do not
want more customers but they are seeing more people. In many cases the
county is reimbursed for the services. The ambulance services contracts
are listed as a line item in the Public Health budget.
Dr. Svihus set out how the formula for bail out funds is figured.
There are two categories. One is per population and the other is how much
was spent by the county two years ago, Butte County's is about 50 - 50.
He felt the state was going to have to re-evaluate the formula that is used.
C1if Mickelson, administrative officer, stated that every one
of the formulas aided the big spenders, both last year and this year in
AB 8.
Dan Blackstock, county counsel, stated that the Auditor is
preparing some proposals with regaxd to the formula and they hope to get
these to the Board some time in January for a proposal to be sent to the
Legislature, This is not going to be an easy thing to get done. The
basic problem relates to the percentage going to the schools. The schools
are on a revenue limit. This would be putting Butte County as the other
counties by getting more of the property taxes and the schools would be
reimbursed through state aid.
Page 361.
November 20, 1979
November 20, 1979
79- Mr. Mickelson stated that the basic problem is that any north
d state Legislator to try and introduce a bill that will change the allocations
for the southern counties will not have any luck, Also if a bill was
presented to include a certain amount of counties, there would be other
counties coming in with riders and the bill would die. The amount of
property taxes in the Health Department is down.
Dr. Svihus stated that the state director has said she would like
to see equitg, This item has been addressed in the plan and underlined.
Dr. Svihus stated there was a mistake on page 26, paragraph 4. It should
be corrected to read 13 CETA instead of 14 CETA,
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, the Health Services plan and budget for 1979-80
was approved; the Chairman was authorized to sign the certification and
the Public Health Director was authorized to submit the plan and budget to
tfie State Director of Health Services.
1879 CANCEL AGREEMENT WITH CHICO COMMUNI'T'Y' MEMORIAL HOSPITAL AND APPROVE AGREEMENT
WITH FJORDS SMORG-ETTE - MENTAL HEALTH TREATMENT CENTER IN CHICO
C1if Mickelson, administrative officer, stated that the reason
for the change for the meals for the Mental Health Treatment Center in Chico
was because the price from Chico Community Memorial Hospital was so high
and the Board instructed them to try and find some operator more reasonable.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the agreement with Chico Community Memorial Hospital
was canceled;;. the new agreement with Fjords Smorg-ette effective November 1,
1979 to provide lunch and dinner at the Mental Health Treatment Center in
Chico at a cost of $2.49 and $3.59 per meal, respectively; was approved and
the Chairman authorized to sign.
1880 APPROVE CONTRACT CHANGE ORDER N0. 1 - TRAFFIC SIGNALS AT SKYWAY AND OLIVER
ROAD PROJECT NO 51261-78-2 - AUDITOR TO PREPARE BUDGET TRANSFER
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, contract change order No. 1 for the traffic
signals at Skyway and Oliver-Road, Project No, 51261-78-2 in the increasing
amount of $550 which provides for relocating a pedestrian crossing push
button post and necessary wiring and conduit was apgroved; the Chairman
authorized to sign; and the Auditor was directed to prepare a $550 budget
transfer from the road reserve.
,1881 ADOPT RESOLUTION 79-236 SETTING PUBLIC HEARING RATE FOR A. E. EARHART -
ABANDONMENT OF PUBLIC UTILITIES EASEMENT PARADISE PINES UNIT 5 LOT 51
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Resolution 79-236 setting a public hearing date
of January 8, 1980 at 10:00 a.m. for consideration of A, E. Earhart
abandonment of public utilities easement, Paradise Pines, Unit 5, Lot 51
was adopted and the Chairman authorized to sign.
',1882 PUBLIC HEARING DATE SET
A public hearing date of December 11, 1979 at 10:00 a.m. was
set for consideration of M. D, Jayred and Wm. Towne rezone from "A-2"
(general} to "SR-1/2" (suburban residential - 1/2 acre parcels), property
located on the south side of Entler Avenue approximately 750 feet east of
idway, identified as AP 40-04-35 & 37.
1883 RIVE FIRST READING OF ORDINANCE AMENDING CHAPTER 20 OF THE BUTTE COUNTY CODE
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the first reading of the ordinance amending
hapter 20 of the Butte County Code by the following: amend Section 20-66
relating to provisions on timely appeals of subdivisions; adding Section 20-155
Page 362. November 20, 1979
November 20, 1979
79- which would give authorization to use the contract of a formed assessment
'8 district in lieu of the requirements for labor and material, maintenance
and performance bonds and subdivision agreement; and amending Section 20-171
related to the continuance of closed hearings was waived.
'1884 APPOINTMENT OF SENIOR CTTTZEN TENANT REPRESENTATIVE TO BUTTE COUNTY HOUSING
AUTHORITY
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, Gerald C, Banyard was appointed as the senior
citizen tenant representative to the Butte County Housing Authority.
'.1885 APPOINTMENTS TO CITIZENS ADVISORY COMMITTEE ON DRUG ABUSE AND ALCOHOL
ADVISORY BOARD - CONTINUED TO NOVEMBER 27 1979
The appointments to the Citizens Advisory Cammittee on Drug
Abuse and Alcohol Advisory Board was continued to November 27, 1979.
'.1886 OPPOSE US DEPARTMENT OF AGRICULTURE AND INTERIOR DESIGNATION OF A MAJOR
PORTION OF THE TUOLUMNE RIVER AS "WILD AND SCENIC" AND ITS INCLUSION INTO
FEDERAL WILD AND SCENIC RIVERS SYSTEM
Supervisor Wheeler stated that she had discussed this matter
with the supervisors from Stanislaus County. They are concerned that if
this is designated a "wild and scenic" river it would restrict their major
source for water for irrigation and hydroelectric operations and flaod control.
Chairman Lemke stated that Senator Johnson had made an interesting
comment regarding the fact that the people who use the white water are also
the people opposed to other means of energy besides hydroelectric energy.
They use the white waters free for tubing and the fees are being increased
', for general public use for boating.
Tt was moved by Supervisor Wheeler, seconded by Supervisor Moseley
that the Board go on record as opposing the designation of the Tuolumne
River as "wild and scenic" and its inclusion into the federal wild and scenic
rivers system and that a letter be written to the Board of Supervisors of
Stanislaus County supporting their stand.
Supervisor Wheeler stated that 83 miles of the Stanislaus
River would be designated "wild and scenic,"
Vote on motion:
AXES: Supervisors Moseley, Wheeler, Winston and Chairman Lemke
ABSTAINING: Supervisor Dolan
Motion carried.
;1887 COMMUNICATIONS
Priscilla L. Norman, Oroville, Ms. Norman submits her resignation as a
member of the CETA Youth Planning Council. Administrative Office
to post vacancyo
Paradise Municipal Advisory Councilo The Council writes recommending that
as a result of the successful incorporation of the Town of Paradise
that the Paradise Municipal Advisory Council be disbanned. See
motion following communications.
Dave Riley, chairman,.Paradise Municipal Advisory Council. Mr. Riley writes
thanking the Board for giving him the opportunity to serve-the
Paradise community on the Council. Information; no action taken.
Page 363.
November 20, 1979
i
79-
1888
November 20, 1979
Lynn Hubbard, III, attorney at 1aw.~ The attorney, on behalf of Bill Ba11,
files a claim for damages in the amount of $14,000 as a result
of damages to a video-tape master at the Butte County Media Center.
See motion following communications.
Chico Housing Improvement Program. The organization writes requesting a
CETA policy modification to allow: administrative cost to cover
expenses necessary in the operation of PSE contract projects,
recognized liability insurance as legitimate operating cost to
be covered by CETA, and that funds be made available on a cash
advance basis to cover the payroll expenses for CETA participants.
Referred to Personnel Director for recommendations.
Senator Ray Johnson. Senator Johnson provides information concerning the
restoration of funding to the State Department of Fish and Game's
budget. Information no action taken.
Assemblyman Stan Statham. Assemblyman Statham sends notification that tee
will co-author a resolution to reinstate the yearly boat launching
pass for the State Parks System. Information; no action taken.
State Health and Welfare Agency. The Agency sends notification of a public
hearing to be held in Redding November 15 concerning the
"California Family Task Force." Information; no action taken.
State Mining and Geology Board, The Department sends notification of a
dredging operation in the Butte Creek Canyon being conducted
without a permit as required by the Surface Mining and Reclamation
Act. Referred to Public Works Director and Counsel.
State Mining and Geology Board. The Board sends notification that a review
of the county's mining and dredging ordinance indicates a number
of major deficiencies with regard to compliance with the Surface
Mining and Reclamation Act and implementing policies. Referred
to Counsel to set up schedule for meeting of Surface Mining
Committee, Supervisor Moseley and Chairman Lemke for review of
this matter.
USDA - Forest Service. The Forest Service forwards its notice of intent
to prepare an environmental impact statement for a land and
resource management plan for the Lassen National Forest. Information;
no action taken.
Federal Office of Personnel Management. The office sends notification of
their intent to review personnel systems of prime sponsors for
conformity with federal standards. Referred to~Personnel for
them to send information requested.
Mrs, J, H. Underhill, Paradise. Mrs. Underhill writes regarding complaints
about cold air coming from the heating system in the Paradise
Library. Referred to Public Works.
ACCEPT RECOMMENAATION OF PARADISE MUNICIPAL ADVISORY COUNCIL THAT THE
COUNCIL BE DISBANNED AND SEND LETTERS OF THANKS TO THAT GROUP THAT HAS
SERVED OVER THE PAST TWO OR Tk[REE YEARS WITH CERTIFTCATES OF APPRECIATION
TO BE PREPARED FOR MEMBERS
On motion of Chairman Lemke, seconded by Supervisor Winston
and unanimously carried, the recommendation of Paradise Municipal Advisory
Council that the Council be disbanned was accepted; letters of thanks are
to be sent to the group that has served over the past two or three years
and certificates of appreciation are to be prepared.
Page 364.
November 20, 1979
i
November 20, 1979
79=1889 IRE3'~CT CLAIM - BILL BALL
d On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the claim of Bill Ball in the amaunt of $14,000
as a result of damages to a video-tape master at the Butte County Media
Center was rejected and referred to Counsel and Risk Management Coordinator.
1890 CHANGE STREET SIGNS. BACK TO ORD FERRY ROAD FOR ORD FERRY ROAD FROM DAYTON
FOUR CORNERS TO THL RIVER.
Supervisor Dolan asked that the street name for Ord Ferry Road
from Dayton Four Corners. to the River be changed back to Ord Ferry Road
because the original notice was that the old extension of the road from the
freeway to Dayton Four Corners would be changed to Ord Ferry Road. The
notices were not placed on the street.
', ban Blackstock, county counsel, stated that the county did not
post that particular section of the road. The intent was to have the old
road become Ord Ferry and the change of Dayton Four Corners to the River
was not anticipated. Notice was given from Dayton Four Corners to the
freeway. The Board can direct that the signs be changed back and direct
that additional hearing be set for that portion of the road.
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and unanimously carried, the street signs were to be changed back to Ord
Ferry Road from Dayton Four Corners to the river.
1891 REPORT BY COUNSEL RE: MEETING WITH PG&E
Dan Blackstock, county counsel, reported on a meeting held with
PG&E, The committee composed of the Bay area, Fresno County, San Joaquin
County, Xo1o County and Butte County met yesterday. There was a Iot of
discussion and negotiation. PG&E changed their position and are willing
to offer the difference between 1978 which is 125 for Butte County. There
is one problem and that is nn the settlement of litigat;.on. This has a
potential of causing the Board and PG&E problems, Hopefully, PG&E will
come up with more than 1978. With 1978 and 1979 they are talking about
300. The other aspect PG&E is requesting is that a substantial number of
counties go into this. They want the agreement to require 95~ of the out-
standing amount: The agreement still gives them a 90-day cancellation
clause. PG&E will be getting back to the county shortly in writing.
They have to move fairly soon or else they are wasting time. This report
is for information. Mr. Blackstock was not requesting a decision today,
1892 ETTER FROM BARBARA KARUBIAN REFERRED TO PUBLIC HEALTH DIRECTOR AND SHERIFF
OR REPORT BACK TO THE BOARD
Chairman Lemke referred the letter from Barbara Karubian regarding
deaths in skilled nursing facilities to the Public Health-Director
and the Sheriff for a report back to the Board.
RECESS: 9:45 a.m.
RECONVENE: 10:05 a.m.
',.1893 OPT RESOLUTION 79-237: PUBLIC HEARING: MR. AND MRS. JOHN KLOCKER ABANDONMENT
F UNNAMED STREET BETWEEN BLOCKS 28 AND 29 THERMALITO
The public hearing on Mr. and Mrs. John Klocker abandonment of
nnamed street between blocks 28 and 29, Thermalito was held as advertised.
Bettye Blair, planning director, set out the background of the
bandonment. The Planning Commission recommended denial.
Hearing open to the public. Appearing:
Page 365.
November 20, 1979
November 20, 1979
79-
3
I. Sylvester John Klocker. Mr. Klocker set out the procedures
he had taken to have the abandonment approved. He has met the requirements
asked far by Public Works. He asked that the abandonment be approved. He
is willing to to the county a drainage easement. He showed the Board
a map from 1887 and a survey of the property.
2. Robert J. Powers. Mr. Powers stated that he had written
the Board a letter of protest to the abandonment. His property abuts the
proposed abandonment on the north side, He felt the denial of the abandon-
ment was in his best interest.
Supervisor Moseley stated that Mr. Powers would have a right-of-
way for the people on the bluff on Yuba Avenue and there is an easement
through the property.
3. Richard Lay. Mr. Lay asked that the abandonment be approved
because there is a need for drainage as there is a hazard when it rains
at the present time,
4. Katherine Fulatovich. Ms. Fuatovich asked that the abandon-
ment be approved,
5. Mrs. Klocker. Mrs. Klocker stated that there needs to be
a drainage ditch for the water and the abandonment should be approved.
Hearing closed to the public and confined to the Board.
Supervisor Moseley stated that after looking at the property
and seeing the map, there is Yo1o, 6th Avenue that borders on the property.
There is an easement that also goes through Mr. Powers property from 6th
Avenue to Yolo. She felt they should retain 20 feet for drainage. This
would give each of the landowners 30 feet on either side of the 20-foot
easement. 7St some future date, there may be something done about drainage.
It was moved by Supervisor Moseley, seconded by Supervisor Wheeler
that the abandonment of an unnamed street between blocks 28 and 29, Thermalito
for Mr. and Mrs. John Klocker be approved except for a 20 foot drainage
easement on the centerline be approved; Resolution 79-237 be adopted and
the Chairman authorized to sign,
Supervisor Winston stated that each property owner had a vested
interest in the right-of-way. It has been his feeling that if a property
owner that abuts the requested abandonment objects, he has voted to deny
the abandonment. There was a unanimous vote against the abandonment by
the Planning Commission. By approving the abandonment the Board is adversely
affecting Mr. Powers property.
Supervisor Dolan agreed with Supervisor Winstono She felt the
adjoining property owners should concur with the abandonment. It was her
understanding that if the drainage easement were retained, the county would
'nave an easement but would not build a drainage facilitye
Discussion of the possibility of abandoning the southern part
the street and not abandoning the northern 40 feet held at this time.
Supervisor Winston stated that the Board would be abandoning
the street because there is no such thing as a 40-foot wide street in the
Clay Castleberry, public works director, stated that the 40-foot
e street would not allow division of the property. Tn the past, properties
Page 366. November 20, 1979
79-
November 20, 1979
have used an old right-of-way to get to other portions of their property
and have provided 60-foot access to a different section,
Vote on motion:
AYES: Supervisors Moseley, Wheeler and Chairman Lemke
NOES: Supervisors Dolan and Winston
Motion carried,
1894
PUBLIC HEARING: L, W. AND L. H. JAMES - PETITION FOR VARIANCE TO SECTIONS
19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE. FOR PLACEMENT OF A MOBILE HOME
ON AP 47-13-39 ROUTE 4 BO7C 454 CHICO AREA. .ZONING: "A-40"
The public hearing on L. W. and L. H. James petition for variance
to Sections 19-10 and/or 19-12 of the Butte County Code fox placement of a
mobile home on AP 47-13-39, Route 4, Box 454, Chico area, zoning: "A-40"
was held as advertised.
Lynn Vanhart, environmental health director, set out the background
of the petition. This would allow the mother and aunt to live on the
property, There is a car cleaning operation on the property. There are
several mobile homes on the property. This is an attempt to allow a
mobile there under permit. This would make the fourth mobile on the
property. There are others on the property that the owners have been
requested to move or make legal. This petition appears to be legitimate.
The applicants have applied for an agricultural workers affidavit. There
are six mobile homes on the property now. The property is five ,acres
separated by a road.
Bettye Blair, planning director, stated that there was a zoning
investigation pending. The James are working with staff on the other mobile
homes that are located on the property.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
1895
Supervisor Dolan asked that this matter be continued. There are
several people who are interested in this hearing and had asked that they
be notified when the hearing was held. She had not known the property by
the names on-. the petition.
Hearing re-opened at this time and continued to December 18,
1979 at 10:30 a.m.
PUBLIC HEARING: FLOYD ELKINS - APPEAL OF DENIAL OF PROPOSED NEGATIVE
DECLARATION AND USE PERMIT TO ALLOW A SECOND RESIDENCE ON PROPERTY ZONED
"A-R," AP 53-162-b6, LOCATED ON THE EAST SIDE OF BRILL WAY, APPROR. 1/4
MILE WEST OF LISBY ROAD, PARADISE
The public hearing on the Floyd Elkins appeal of denial of
proposed negative declaration and use permit to allow a second residence
on property zoned "A-R," AP 53-162-66, located on the east side of Brill
Way, approximately 1/4 mile west of Libby Road, Paradise was held as
advertised.
Bettye Blair, planning director, set out the background of the
use permit. The ownership in both residences would have to remain with
one individual.
Earl Nelson, environmental review director, set out the background
of the negative declaration. There were no significant environmental concerns.
Page 367.
November 20, 1979
79-
November 20, 1979
e main concern is the change in the character of the neighborhood and
e development of surrounding areas. He recommended a negative declaration.
Lynn Vanhart, environmental review director, stated that due
Co the area size there is room for proper installatian of a septic system.
the property could not be divided by the present land division ordinance.
Hearing open to the public. Appearing:
1. Steve Castleberry, Robert Guth Engineering. Mr. Castleberry
stated there would be no problem with sewage disposal on the property, There
would be one single family residence added to the property. The increase
in traffic would be two cars.
2. Floyd Elkins. Mr. Elkins stated that he found out that a
petition was circulated against the use permit. The people who signed
the petition were under the impression that this would be an apartment
house or a duplex. One thing in the petition was not correct. He was not
the owner of the property at the time the road was taken care of. He has
never failed to contribute maintenance or taking care of a road. He was
never contacted concerning this particular road. He contacted the people
who signed the petition. They talked to a big portyon of the signers.
He submitted a copy of the original petition where people had crossed their
signatures out. The reason he would like the use permit is so that he
and his wife could live on the property. He bought the property with the
understanding that he could put a second dwelling on it and that the
previous owner of the property could remain in the home already on the
property. They are renting the home to the previous owner on a monthly
basis.
3. Floyd Marceno. Mr. Marceno stated that his property abuts
the subject property. This piece of property is law. His property drains
on the other property. He felt they would have trouble with a septic
system. He felt it would be a detriment to the neighborhood to have a
second residence at the rear of that property. He did not sign the petition.
He stated that if this were approved, he could probably put four houses on
his 1.6 acres.
4. Fred St. Marie. Mr. St. Marie stated that he owned the
property adjoining the subject property to the south. There is a drainage
problem. There is a narrow road that is 12-feet wide. He felt this was
going to be a detriment to the neighborhood. Mr. St. Marie stated that if
this is approved, all of the people in the area should be given the same
privilege. He is also speaking for Mr. Longendecker and Mrs. Gillespie.
He felt the problem was not what Mr. Elkins was doing for their neighbors,
but felt it would be setting a precedent. There is one large area that
has been trying to get access to develop.
5. Mr. Henriques. Mr. Henriques stated that at the time he
moved there 15 years ago there was a law against two dwellings on one
parcel. This was enforced once before. He felt the use permit should be
6. Ester St. Marie. Mrs. Ste Marie agreed that the neighbors
did need help. This will disrupt the neighborhood and the road if another
residence were built. She felt they should be allowed the same privilege
if the use permit is granted.
Hearing closed to the public and confined to the Soard.
Page 365.
November 20, 1979
79-
1896
November 20, 1979
Supervisor Dolan questioned how the use permit was enforced.
Del Siemsen, deputy county counsel, stated that this would have
to be a monthly rental. If the home were leased, it would come under the
subdivision act. The property is not suitable for division. It would be
difficult to determine if a person. were leasing the home. If there was
an attempt to sell one of the homes, it would show up that the property had
never been split.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, the appeal of Floyd Elkins was denied.
PUBLIC HEARING: MARI AN KEMP - APPEAL OF ADVISORY AGENCY'S CONDITION ~~6
RELATING TO PERMANENT SOLUTION TO DRAINAGE ON TENTATIVE PARCEL MAP,
TWO LOTS, AP 46-26-39, BETWEEN STATE ROUTE 32 AND HUMBOLDT ROAD, APPROR.
500 FEET WEST OF FOREST AVENUE. CHICO
The public hearing on Mari An Kemp appeal of Advisory Agency's
condition ~k6 relating to a permanent solution to drainage on tentative
parcel map, two lots, AP 46-26-39, between State Route 32 and Humboldt
Road, approximately 500 feet west of Forest Avenue, Chico was held at this
time.
Supervisor Wheeler stated that she had received a call from Ms.
Kamp advising that she would be unable to attend the hearing. She has
discussed the matter with hero
Clay Castleberry, public works director, set out the background
of the appeal. The property is in an urban area. The general area has
had drainage problems. It is not practical for one property owner to
convey the drainage to the Channel. If the Board continues to approve
developments and divisions there will probably be some problems. The
Board is not sponsoring a storm drainage district in that area. There is
no master drainage study being done in that area. Just to the east there
is a study in the E1 Monte area. The answer to the drainage would be to
run the runoff into the channel. He is asking for an additional $400,000
to complete-the master plan for storm drainage in the urban area.
Supervisor Wheeler stated 'that Ms. Kamp is willing to help.
She did not know if she would be willing to put up a drainage deposit.
She did not feel she could speak for Ms. Kamp regarding a deposit.
Hearing open to the public. Appearing: No one.
The hearing was continued to December 18, 1979 at 10:30 a.m.
1897
PUBLIC HEARING: RAY E. JOHNSON, JR. - APPEAL OF ADVISORY AGENCY CONDITION #3
TO PROVIDE TWO-WAY TRAVERSABLE ACCESS RS-9-LD-III TO EACH PARCEL FROM A
COUNTY MAINTAINED ROAD OR-STATE HIGHWAY FOR TENTATIVE PARCEL MAP,
AP 45-412-37 & 40, THREE LOTS, NORTHWEST OF VALLOMBROSA AVENUE APPROX.
-1,200 FEET WEST OF MANZANITA AVENUE AND APPROX. 60 FEET EAST OF THE CITX
~LIMTTS, CHICO_
The public hearing on Ray E, Johnson, Jr. appeal of Advisory
Agency's condition ~'~3 to provide two-way traversable access RS-9-LD-TTI
to each. parcel from a county maintained road or state highway for tentative
parcel map, AP 45-412-37 & 40, three lots, northwest of Vallombrosa Avenue
approximately 1,200 feet west of Manzanita Avenue and approximately 60
feet east of the city limits, Chico was held at this time.
Clay Castleberry, public works director, set out the background
of the appeal. This is east of the city limits on the north side of
Vallombrosa Avenue. This is three lots in the following sizes: 1.3
acres, and two one-half acre parcels. The county ordinance indicates
Page 369. November 20, 1979
November 20, 1979
79-
that for lots in an urban area of less than one acre rather large roads.
For development of lots one acre in size or larger the requirement would
have been for a 22-faot paved section. The standard now requires full
width paving. Full site standards would be quite wide for one-half acre
lots. Mr, Johnson has indicated he would pave 20-feet of road. The minimum
standard is a 22-foot paved section. The parcels that are designated not
a part have access on Vallombrosa and on the road.
Hearing open to the public. Appearing:
1, Mike Byrd, Rolls, Anderson and Rolls. Mr. Byrd showed the
Board a blueprint showing an alternative to the required road standard.
One of the prints is a print of the parcel map layed out with 20-foot wide
paved access going back to a cul-de-sac. The developer would like to keep
the access private and not encourage access on the property. The Vallombrosa
intersection is almost across from North Park Drive. There are concerns
that people would drive across Vallombrosa and down the private road.
The other blueprint shows some of the roads in the City of Chico where
there are four parcels with a 20-foot paved road. This has been approved
by the Fire Department. The other owner of the property that is not a part
of the map does not want curb ,gutter and sidewalk. There is no existing
road; it is probably a 10-foot gravel drive back to the back parcel.
Mr. Castleberry felt that the present ordinance needed to be
modified. He did not fed. that 20 feet was wide enough but did feel that
22 feet or 24 feet would be wide enough.
2. Ray E. Johnson, Jr. Mr. Johnson stated that when he originally
purchased the property it was in two parcels. He would like to make ttcree
parcels. The 1.38 acre parcel would be for his property. He did not want
full blown county improved road as his driveway. Bidwell Park serves 300
cars per day. This is either from or going to the North Park access. That
road is aimed at his driveway. Having the full standards would be an
invitation to use his road. He would like to put bricks in the front of
the road. The cul-de-sac would be large enough for fire trucks. There
would be a total of three houses served by the road and possibly four.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, the appeal of condition ~~3 for Ray E. Johnson, Jr.
was upheld for tentative parcel mag, AP 45-412-37 & 40, three lots, northwest
of Vallombrosa Avenue approximately 1,200 feet west of Manzanita Avenue
and approximately 60 feet east of the city limits, Chico and to include
a 22-foot street designation.
j1898 (PUBLIC HEARING: BUTTE COUNTY ADMINISTRATIVE OFFICE - CONSIDERATION OF
PROPOSED NEGATIVE DECI,(~RATION AND DECISION TO PROCEED WITH THE CONSTRUCTION
The public hearing on the Butte County Administrative Office
consideration of proposed negative declaration and decision to proceed with
the construction of North Chieo Fire Station at the new location was held
as advertised.
Earl Nelson, environmental review director, set out the background
of the negative declaration. The operation of a fire station will result
in some noise and it is a necessary facility in the community. He recommended
a negative declaration.
Hearing open to the public. Appearing: No one.
Page 370.
November 20, 1979
November 20, 1979
7g- Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, finding the proposed project could not have a
significant effect on the environment, a negative declaration was recommended
and authorization was given to proceed with the construction of the North
Chico Fire Station at the new locationo
RECESS: 11:15 a.m.
RECONVENE: 11:40 a.m.
',1899 PUBLIC HEARING: WILLIAM T. BURCH - APPEAL OF REQUIREMENT TO PREPARE AN
EIR IN CONNECTION WITH A REQUEST TO REZONE 28094± ACRES TO "MHP" (10.21-h
AGRES) AND "TM-2-l/2" (18.73± ACRES) FOR AP 63-18-02, LOCATED AT THE
SOUTHWEST CORNER OF FOREST RANCH ROAB AND HIGHWAY 32 INTERSECTION, FOREST
RANCH
The .public hearing on William T. Burch appeal of requirement to
prepare an environmental impact report in connection with a request to
rezone 28.94± acres to MPH (10.21± acres) and "TM-2-1/2" (18.73± acres)
for AP 63-18-02, located at the southwest corner of Forest Ranch Road and
Highway 32 intersection, Forest Ranch was held as advertised.
Earl Nelson, environmental review director, set out the background
of the appeal. He felt that an EIR was the appropriate determination.
There is an existing 15 space mobile home park on three acres. The balance
of the property is undeveloped. The request is to enlarge the mobile home
park to ten acres. This would be twenty more mobile home spaces and the
balance of 18 acres would be low density home sites of 2-1/2 acres.
The main environmental concerns relate to what could happen. Much of the
property is relatively steep. The level area is the existing park location.
The expanded mobile home park is a somewhat modified slope of 10 to 20%.
There is heavy tree cover. It is difficult to make a mobile home conform
to the sloping site. There would have to be cutting into the hillsides.
There would be movement of a quantity of earth. The site has one creek.
Any erosion would wash into the creek. It appears a portion of the
property would have to have sewage pumped up away from the creek, The
site could be developed with care. The problem is that the applicant does
not have a formal development plan at this time. The request is so that
the zone would bring the existing use into conformity. Mr. Nelson stated
that because the application is for a rezone there is no way to attach.
mitigation measures and therefore, a conditional negative declaration cannot
be approved. The only way this could be done would be if it were a "PA-C"
zoning. It only takes one potential issue to trigger an EIR. They are
required to look at the worst possible cases. There were public hearings
in 1975 for zoning and there was a great deal of community interest.
The direct cost of an EIR would be around $2,000 to $3,000.
Mr. Nelson stated that conventional homes can be desiged to fit
the slope of the property while mobile homes cannot be. Mr. Nelson stated
that the concerns regarding the pumping of sewage away from the creek could
present a problem if there was a power failure and then there might be
leaks into the creek, There is an engineering solution for this problem.
Hearing open to the public. Appearing:
1. William T. Burch. Mr. Burch stated that he bought the
property with the full intention of using it for his retirement and selling
the property. At the time he purchased the property, it was "S-2;' "C-2,"
and Scenic Highway designation. He had an offer on the property and found
that the property was in non-conformity with the land use. He has tried to
Page 371.
November 20, 1979
November 20, 1979
79-
d
resolve: the problem of the non-conforming use. The mobile home park has
been there for 17 years. The requirement for a mobile home park at this
time is ten acres. This was acceptable to him. The balance of his property
could then go into "TM-S" zoning. He has no intention of developing the
property or preconceiving what the future owner might want to do with the
property. He requested that the requirement of an EIR be resolved.
2. Charmion Nelson. Ms. Nelson read a letter to the Board at
this time. Her property has a common boundary with the subject property.
She opposed the elimination of the EIR requirement. There could be a great
danger to domestic wells as Mr. Burch's property slopes down to a very narrow
valley. She referred to a memo from the Health Department dated March 24,
1976 which deals with the development of adequate water supplies in the
area. It was felt the potential was poor. The annual precipitation is
about 66 inches and only about 8 inches are available for deep percolation
and ground water recharge. There has been damage from heavy winter rains
to the roads in the area. She felt that if more septic tanks were placed
on this property, it could affect their wells in the area. She felt an
EIR should be required and the zoning of five acre minimums should not be
broken down. She was not particularly protesting the mobile home park.
The county has restrictions on the parks.
3. Claude Willis. Mr. Willis stated that the community put
forth a great deal of effort to have the area zoned. He was speaking for
the committee that worked on that zoning proposal that was approved.
The rezone was designed to take into account the sanitary problems and
potable water to get the density of development in the Forest Ranch basin.
The water in the area comes from shallow sources. The septic system from
the trailer court sits just above a spring. Increase in the density of
development will result in the full detriment of the water quality in the
area. He made nn protest to the project that came before the Board as a
"PA-C" development because-this was in an area where the committee had
recommended a two acre parcel size and because the water drained outside
the Forest Ranch Basin. Mr. Willis set out the wells for the subdivision
at this time. The well that was around 90 feet had no water. They backed
up and got water at 30 to 35 feet. Relatively speaking this is surface
water.
4. David Kalback, real estate agent representing Mr. Burch.
The property is currently in "AR-5" zoning. This does not allow mobile
homes. The "TM-5" area allows mobile homes with a permit. This is the
only parcel in the area that is "AR-5" zoning. The way the zoning is at
the present time, a mobile home could not be moved and an existing pad
could not be moved. After discussing the matter with the Planning staff,
they requested a project with the minimum size requirement for a mobile
home park. This would leave 18 acres. This was the reason the "TM-2-1/2"
was proposed. This would allow the use of ail the property. The stream
on the property runs from approximately December to June. The rest of the
year it is subsurface water. They are adjacent to the property that has
a well, which he thought brought in 100 gallons per minute. This is not
verified. He felt the County Health Department and the state would have
control over the requirements far sanitary systems. The division of the
property into mobile home park and "TM-2-1/2" runs along the steep area.
It was serve as a natural boundary. The mobile home park has been required
to furnish septic tests to the county and state. This has been done on a
monthly basis. There have been no problems with sewage disposal on the
property. The only reason for the request is to bring the property into
a conforming land use.
5. Charles Nelson. Mr. Nelson stated that the property on the
top of the hill has not been eroded. It is flat ground with manzanitas.
Page 372.
November 20, 1979
November 20, 1979
79- Next to their property on the slope there are gullies. He did not feel that.
fi' the reason for the "TM-2-1/2" was a valid request.
6. Jim Namith. Mr. PTamith stated that it was discouraging to
hear the same arguments that were heard at the zoning hearings already held.
He would hate to see someone buy a piece of property with no water or
sewage capacity on the property. He felt the Forest Ranch basin had a
critical problem. He wondered why someone did not come in and determine
how much building could be done in this basin.
7. Claude Willis. Mr. Willis stated that Mr. Kalback had
said that the well for one development had 100 gallons per minute.
Mr. Willis stated that most people who drill a well like this bring in
modern equipment and never run the well more than ten minutes. He has
yet to see them bring in ,. measuring equipment. The only way to prove a
well is to pump it over a period of time.
Bettye Blair, planning director, stated that the proposal for
the 10.7 acres is that the density not be greater than four. The county
requires a ten acre minimum for mobile home parks. This resulted in less
than four .parcels in the "TM-5" zoning. This was the reason the zoning
proposal was modified to "TM-2-1/2" zoning. There was originally a use
permit issued for 21 mobile homes. Of that 21 mobiles, there have been
15 spaces developed. There was an EIR prepared in 1976 for the zoning in
the entire area. The hearing process did not require notice to the property
owners. The physical character of the ground would limit development
on the site of the creek. There are limited access problems on Highway 320
Mr. Burch stated that he moved to Forest Ranch in April, 1976.
He would have appreciated being told that the zoning was being considered.
He cannot undo the septic system that was built for the existing park. He
felt there were county records on the amount the well on the adjacent
property pumped. The quantity is high. He is required to meet the
requirements of the 1972 Clean Water Act. This is for health standards
and the well on the existing mobile home Bark. They are attempting to
recognize the fact that the mobile home park does existo He was ameniable
to a solution to the size of the acreage required.
Lynn Vanhart, environmental health director, stated that there
are problems in Forest Ranch. The water is not really available. It is
a problem to expand or create a new mobile home park. There have been
problems with sewage contamination of one well in Forest Ranch. This was
taken care of. The sewage and water supply is a problem.
Hearing closed to the public and confined to the Board.
Supervisor Winston stated that he was aware of the problems
in Forest Ranch. He felt the entire Board was aware of the water and sewage
problems. In light of the information already available, all an EIR is going
to tell the Board is that many problems exist. As he recalled, CEQA states
that an EIR is to be used as a guide by the decision making body to_call
attention to environmental concerns in the area. He wondered if the Board
should require an individual to spend the money for an EIR to acquaint the
Board with matters they are aware of.
Del Siemsen, deputy county. counsel, stated that the Board can
only go one of two ways and that is a negative declaration or an EIR.
The requirement of a negative declaration would be when the Board has
determined there will not be a significant effect. on the environment.
If the Board cannot determine that an EIR would be required.
Page 373.
November 20, 1979
November 20, 1979
79- It wasTfelt the law should be changed, if a person were required
b'' to prepare an EIR telling the Board what they already knew.
Mr. 5iemsen advised the Board that mitigation measures could
of be added as this application is for a rezone.
Ms. Blair stated that a mobile home park zoning district provides
or meeting the requirements of environmental sanitation and Public Works.
here has been more recent enactment of building amendments and have
stablished a grading ordinance. Maybe the problem has been mitigated
ut has not been realized.
Mr. Siemsen stated that. the Board adopted an ordinance allowing
90-day permit for reclamation and the Superior Court overruled it. The
oard cannot postpone environmental review. He knew a mobile home park
as all that could be put into the property.
Mr. Nelson stated that if the rezone were confined to the existing
eveloped area there would be no problem with a negative declaration. The
eason an EIR was required was because it was an expansion of the mobile
ome park.
SUPERVISOR WINSTON ABSENT AT THIS TIME.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
carried, finding there may be a significant effect on the environment,
EIR was required,
SS: 12:50 p.m.
NVENE: 12:58 p.m.
SUPERVISOR WINSTON PRESENT AT THIS TIME.
,1900 ~DOPT RESOLUTION 78-238: AUTHORIZING ENVIRONMENTAL HEALTH TO FILE APPLICATION
OR FIDERAL AND STATE GRANTS FOR PUBLICLY OWNED WASTEWATER TREATMENT WORKS
Lynn Vanhart, environmental health director, stated that he
ceived a letter from Water Quality Control that the study for the Paradise
wet has been confirmed. There is a need to have someone authorized to
gn the necessary applications.
1901
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
unanimously carried, Resolution 78-238 authorizing Environmental Health.
file application for federal and state grants for publicly owned wastewater
atment works and providing certain assurances was adopted and the Charcman
horized to sign.
Karen Vercruse stated that she was representing the Environmental
sk Force of the Northern Sacramento Valley Chapter of California Women.
r Agriculture. Ms. Vercruse read a prepared statement asking that the
unty support the decision of the Butte County Mosquito Abatement District
their suit against the Galifornia Department of Food and Agriculture's
oposed pesticide regulations.
Chairman Lemke advised Ms. Vercruse that the Board had gone on
ecord and passed a resolution in opposition to the proposed regulations.
e resolution was taken to CSAC last week. There was a motion on the
loot at the CSAC meeting to instruct the executive committee of CSAC
o meet prior to January 1, 1980 and give directions to the Board of
irectors opposing-the pesticide regulations.
Page 374.
November 20, 1979
79+
d
1902
November 20, 1979
Dan Blackstock, county counsel, stated the regulations are set
for hearing.
Dr. Hazeltine asked for moral support if not money .to support the
lawsuit. He asked that the Board concur with the suit.
Mr. Blackstock stated that with regard to litigation the county
would be involved one way or the other. He felt that if the Board wanted
to sanction litigation, possibly the most timely effort would be after
adoption of if the regulations are amended taking another look at them.
Another possiti.7.ity would be that other counties will have the same concerns
and possibly jointly file actions.
Chairman Lemke advised Dr. Hazeltine that he had support.
MOTION TO ALLOCATE UNALLOCATED REVENUE SHARING FUNDS TO PARADISE FIRE
PROTECTION DISTRICT AND EL MEDIO FIRE DISTRICT HELD OVER TO NOVEMBER 27,
Discussion and implementation of AB b18 raising of funds for
fire protection held at this time.
Chairman Lemke reportejon a meeting with the representatives
from the various fire protection district and the Sheriff. He was pleased
to find that the Paradise Fire Protection District came in with a decrease
of almost one-half of their shortfall after going hack and looking at their
budget and personnel.
Jim Gilpatrick, chief Paradise Fire Protection District, stated
that he had not been involved in the earlier meetings. Their department
was a major role in the incorporation of Paradise. He stated that the
district had cut their budget by $162,252.
Jim Johansen, auditor, stated that there would be a reduction
of $3,500 iri addition. The shortfall stands at $242,843 for the district.
Chairman Lemke stated that the Board could consider alternatives
for funding of fire protection services. The Board could fund the $242,843
shortfall for Paradise and the $35,000 shortfall for E1 Medio out of revenue
sharing funds. They could go to the taxpayers in the two different districts
and put an AB 618 measure on the ballot for additional funding through
3uly 1, 1980. The two districts could go back and adopt a budget without
the shortfall.
Clif Mickelson, administrative officer, stated that an AB 618
election for Paradise would be more complicated. As of next year the
fire district will not exist. -.The city might want to try an election for
B 618 funds.
Dan Blackstock, county counsel, stated that the city would have
substantial income coming to it. If there was a pay back clause in the
money from revenue sharing, who would pay the money back from the district
in Paradise that would no longer exist.
Chairman Lemke stated that another alhernative would be for the
Town of Paradise to apply for legislative relief. Apparently, that is
already being considered, The city has money coming to it. How much
oney they will need is not known yet. Legislative relief requires the"
egislature to vote on it. He felt the Board should fund the two districts
for the balance of this year.
Page 375,
November 20, 1979
November 20, 1979
79- Supervisor Winston stated that he could not help but ask about
b' the Gounty Fire Department shortfall. That department has a $1 million
shortfall.
Discussion of calling an election for AB 618 funds held at this
time.
Mr. Blackstock stated that the Board did not have authority to
ca 11 an election with a fire protection district. The election would have
to be in the unincorporated area.. The Paradise issue is mute.
Mr. Mickelson stated that the county was taking a financial
impact as a result of the incorporation, The new city will need revenue
to get started. He did not know how they would pay to absorb $200,000
and get organized. He did not believe the county had the funds.
Mr. Johansen stated that there was a loss of $550,000 between
now and June 30, 1980. Originally the appropriation for the reserve was
$1.5 million .and the county ended up with $2.7 million. There were several
factors considered including the potential loss of revenue due•'to the
incorporation of Paradise and the potential loss of SB 325 fundso They
are pretty close to having that part resolved. The Board has taken money
out of revenue sharing for Bangor Fire Station and the new Chico Fire
Station. There is about $800,000 left in the reserve.
Mr. Gilpatrick stated that within the next few months they
ay be placed in the position of competing as a department. The Town
Council may or may not want to look at the budget for the Fire Department.
If they are approached with a negatively funded budget it would more than
likely be the demise of the department as they know it now. He needs
a budget prepared and approved by December 30, 1979.-
! Supervisor Winston stated that he would be willing to gamble
~ ', that the city of Paradise would fund less money. This is: simply aggravating
the problems far the county next July 1, 1980. The city wi1T have the fire'
department and the county will have an additional shortfall of $200,000-
because of no carryover. The, heat will be falling and the County Fire
Department will pay, He knew that fire protection in the unincorporated
areas was 307 less than last year. He did not feel the county had the
money to help the districts.
Mr. Gilpatrick stated that the Paradise Fire District covers
18 square miles of hea~il.y populated area that requires the level of services.
They have to provide services for a large community twice the size of Ghico,
They are not overstaffed or have too many stations. They have first line
equipment from 1964. It would not be right for the Board to buy new
equipment for Paradise. He did cut $162,000 from the budget.
Bob Paulus, fire warden, stated that Mr. Gilpatrick had done
~n admirable job of cutting the budget. He encouraged both districts
to look at AB 618 funding and. maybe they had better go to the taxpayers
end ask them what level of services they wanto The Gounty Fire Department
1as gone through two years of bare bones budget, They cannot go through
nany more because they have not been buying equipment to run-the fire
iepartment. Equipment has been given to the volunteer fire departments
that is almost 30 years old. If the Board cannot support the volunteer
xnits, they will go out of business as they cannot afford to buy workmen's
compensation. He did not see any other way of funding fire protection
except to go to an election to find what the people are willing to pay
Eor services and what type of services they want.
Page 376.
November 20, 1979
~k
_ _ _Novemb_er 20, 1979 _ _ _ _ _
79- J _ It was moved by Chairman Zemke, seconded by Supervisor Wheeler
b that the Board fund Paradise Fire Protection District in the amount of
$242,843 and El Medio Fire Protection District in the amount of $35,000
with the total being $277,843 with funding to come from the unallocated
revenue sharing reserve.
Mr. Johansen stated that E1 Medio's budget as it stands could
fund the basic services. The $35,000 would allow them an appropriation
for contingencfes and for a general reserve. They would have a balance
of zero as of June-30 without the $35,000. Any money disbursement will
have an impact on next year's budget. He is trying to come up with a
better guess as to what the likelihood or possibility of the significant
shortfall for the county budget would be. The possibility exists that
there could be layoff of personnel.
Vote on the motion:
AYES: Supervisors Dolan, Wheeler and Chairman Lemke
NOES: Supervisors Moseley and Winston
The motion held over at this time for a written report from
Counsel on November 27, 1979 as to whether the motion carried or failed,
Mr. Blackstock stated that by definition an unallocated fund .
takes four votes to allocate it. He will furnish a written report to
the Board.
1903 ADOPT ORDINANCE 2065 TNTERTM ORDINANCE ZONING UNDO-MANOR SUBDTVTSTON "R-1"
Bill Smith stated that he was here to request interim zoning
for Lindo Manor Subdivision which is located one block from North Valley -----
_ Plaza. He was concerned over the dangerous zoning on the subdivision.
`~ Recently a day care center went into the subdivision and last week he
was advised that there were plans for a commercial real estate office.
{ They are covered by covenants and restrictions. The zoning is,"A-2"
zoning. There are 106 lots inside the subdivision. The Planning Departmez~~t
is studying the area for zoning a t this time. He asked that this area
be interim zoned "R-1" until the study is completed. The study is now
in environmental review. He hoped that the Planning Commission would
look at the results of the petitions that have been gathered in this
area.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the area west of the railroad track on the
Lindo Manor Subdivision, west of Lindo Channel, to the west to Cohasset
Road, to the north to Lindo, Lane including lots 1 to l5 and excluding
lots lI4 to 103- was interim zoned "R-1" for I20 daysras set.ont.in exhibit A;
Qrdnanee 2065>waS ad opted. and the,Chairman authorized to sign.
-1904 APPEARANCE: MIKE EVANS
Mr.°Evans stated that he worked for Ron Graves and Associates.
They had several projects in process before the General Plan was adopted.
They were given preliminary approval on the project, Rather than bring
.the project to a final hearing and re wing a No-vie because the project
does not conform to the new General Plan he thought that perhaps this
matter could be solved by the Board. He would like to see some type of
direction given for the people who started their projects before the
new General Plan was adopted.
Bettye Blair, planning director, stated that as a result of
recommendations from Counsel's Office in discussion of possible projects
in process-that they were given direction by Counsel that applications
Page 377.
November 20, 1979
November 20, 1979
79- that had received tentative approval would be good applications. They were
d' also aware that applications not reaching tentative approval would be in '
jeopardy. She did not think that this project had received tentative
approval or denial by the. Advisory Agency< She felt this would be before
the Board on a proper appeal period. This project has to do with the
consistency of the General Plan and Orchard and Field Crop designation.
Aan Blackstock, county counsel, stated that there is a subdivision
before the review committee. The Advisory Agency has not made a decision
on the parcel map. He felt the applicant would have to wait to see what
t he decision of the Advisory Agency is. They could then appeal the matter
to the Board.
Ms. Blair stated that the Planning Director's report was not
favorable. They tried to let the Board know that there would be appeals
coming forward,
Mr. Evans stated that he has five projects that this has
happened to. He would be coming back to the Board on appeal time and
time again. They had received a paper from Planning saying that the
project conformed to the General Plan. The, Land Use Element was adopted
during the time they were working on the project.
Mr. Evans was advised to proceed with the decision from the
Advisory Agency and if he does not like the decision to go through the
appeal process.
Mr. Blackstock stated that the Board cannot approve a parcel
map unless they can find that it is in conformity with the General Plan.
1905 REFER LETTER FROM PRESIDENT'S CLEARING HOUSE ON ENERGY TO ADMTNTSTRATIVE
OFFICE FOR REPLY TO BOARD ON NOVEMBER 27 1979
Chairman Lemke stated that he was referring the letter from the
President's Clearing House on Energy to the Administrative Office for a
reply to the Board on November 27, 1979. They are asking for a list of
three tap energy needs as the county preceives them.
ADJOURNMENT
There being nothing further before the Board at this time, the
meeting was adjourned at 2:05 p.m. to reconvene on Tuesday, November 27,
1979 at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK-
RECORD R and ex-officio Clerk
f Board of Sue 'sors
By
Chairman, Board of Supervisors
Page 378,
November 20, 1979