HomeMy WebLinkAboutM112977November 29, 1977
STATE OF CALTFORNTA
COUNTY OF BUTTE
SS.
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors "Lemke., Madigan, Moseley, Winston and Chairman Richter.
Clif Nickelson, Administrative Officer; Dan Blackstock, County Counsel, and
Glark A. Nelson,-county Clerk by Cathy Pitts, deputy clerk.
Pledge of Allegiance to the Flag of the United States of America
Tnvocation by Supervisor Lemke
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77-2275 AP-PR04AD'~OFt~MINUTES
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the minutes of November:22, 1977 were appxoved as
mailed.
77-2276 COMMUNTCATTONS
Mr. and Mrs. Sohn R. Hart, Ghico. Mr. and Mrs. Hart appeal the Planning
Commission's denial of a variance to allow buildings 3.75 feet
from the side property lines on property zoned S-R {suburban-
~1~ O ~ residential) located on the north side of Lupin Avenue, approx-
imately 100 feat east of San Verbena Way, identified 2s
AP 48-23-38 & 39, Chico. Set for hearing December 13, 1977 at
9:30 a.m.
Walter E. Nelsan, Forest Ranch. Mr. Nelson writes concerning county
financial support of the Forest Ranch Volunteer Fire Aepartment.
O Information.
Gordon H. Casamajor, Chicoo Mr. Casamajor writes concerning rezoning
of an area north of Chico and east of Highway 99 and in particular
their property known as "Coral Gables" in relation to the
propozed zoning and their aircraft operations. Referred to hearing
.later in the meeting.
Butte County Farm Bureau. The Farm Bureau writes supporting renewed
efforts to enhance rainfall during the winter months.
Information.
Butte County Association of Governments. The Association forwards their
recommendations for transportation of handicapped persons within
the Chico urban area. Held over until December 6, 1977.
Petition. Property owners submit petition requesting the Board reject
the rezoning from "A-R" to "AR-MH" property located on the east
side of Glen Drive, approximately 700 feet sauth of Glen Circle,
identified as AP 34-06-09, Oroville for Robert C. and Ixma D.
Woods. Referred to hearing later in the meeting.
Robert Grohs, Oroville, Mr. Grohs appeals decision of Board of Zoning
Adjustment for a variance to allow a carport 1.5 feet from
the side of their home, zoned A-R, identified as AP 34-152-13,
Oroville. Set for heaxing December '13, 1977 at 9:45 a.m.
Page 970
November 29, 1977
November 29, 1977
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77-2277 INSTRUCT BOARD OF ZONING ADJUSTMELIT TO REHEAR USE PERMIT IN TM-10
20NE FOR THE HEALTH CARE CENTER - FEATHER FALLS
Supervisor Winston stated that he had received calls regarding
the determination by the Board of Zoning Adjustment to require an EIR
on the health care center in Feather Falls. This will cause a delay and
the center wilt lose grant money if the project is not started by the
first of the year.
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried., the Board of Zoning Adjustment was instructed to
rehear the use permit in the TM-10 zone for the health care center in
Feather Falls and were instructed to hold the hearing at a convenient
time at the Feather Falls Community Hall with the Administration Office
to arrange the time.
Supervisor Lemke stated that the ordinance should be amended to
allow for appeal to the Board when the Board of Zoning Adjustment requires
an EIR.
Discussion of an amendment to the ordinance had at this time.
It was moved by Supervisor Lemke, seconded by Supervisor Winston
that the ordinance be amended to allow appeal to the Board on EIR determination
made by the Board of Zoning Adjustment.
Motion withdrawn.
77-2278 ADDITIONAL MATTERS PRESENTED BY DAN BLACKSTOCK COUNTY COUNSEL
Dan Black stock, county counsel, stated that the County had
been served in an action relative to an attack on the SIR for Centex
Aggregate, Inc.
Mr. Blackstock stated that he had prepared a draft urgency
ordinance relating to the Thermalito area.:drainage.
ordinance.
Supervisor Winston stated that he would like time to study the
The matter was continued to latter in the meeting.
77-2279 ADDITIO'syAL MATTER PRESENTID BY SUPERVISOR LE`~RE
Supervisor Lemke stated that he had received complaints about
the actions of the dog catcher. Supervisor hevoke submitted the complaints
for investigation by the Administrative Office.
77-2280 ADDITIONAL MATTER PRESENTED BY SUPERVISOR MADIGAN
Supervisor Madigan stated that the current issue of National
Geographic Magazine has an article concerning the draught and comments
by James McDaniel, Department of Water Resources, Division of Draught
Problems regarding the taking of water and pumping of water out of
Lake Berryessa and Clear Lake.
77-2281 AUTHORIZE WAIVING OF PERFORMANCE BOND REQUIREMENT - MENTAL HEALTH
FACILITY
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the waiver of the performance bond requirement
for the Mental Health Facility was authorizedo
Page 98..%
November 29, 1977
November 29, 1977
77-2282 AUTHORIZE PURCHASE OF THREE PAGERS - ,TUSTICE AND MUNICIPAL COURTS
On motion of Supervisor Winston, seconded by Supervisor Madigan
-and unanimously carried, the purchase of three pagers including a charger
unit at a cost of $28i each for a total cost of $831 was authorized for
the Gridley and Paradise Justice Gourt and the Chico Municipal Court.
77-2283 AUTHORIZE PURCHASE OF ADDITIONAL 8-FOOT CONFERENCE TABLE - SUBDTVISION
COMMITTEE, ETC,
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, the purchase of additional 8-foot conference
table was authorized.
77-2284 AUTHORIZE "EQUIPMENT PURCHASES - VOLUNTEER FIRE DEPARTMENT
On motion of Supervisor Lemke, seconded by Supervisor Winston
and unanimously carried, the following equipment was authorized to be
purchased: 15 Plectron radios ($3,498), 25 folding chairs ($150}, five
folding tables {$300), and a breathing apparatus ($~'~0).
77-2285 APPROVE CHANGE ORDER - FROC PAVED APRON REPAIRS
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, a balancing change order in the amount of $276.50
for materials used in excess of the engineer's estimate for the FROC paved
apron repairs was approved and the Auditor authorized to transfer an
additional $276.50 from revenue sharing funds to the project account.
77-2286 AUTHORIZE ISSUANCE OF A NOTICE OF COMPLETION -AUTHORIZE AUDTTOR TO
PAY THE CONTRACT- AMOUNT LESS 10% - FROC PAVED APRON REPAIRS
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the work of Butte Creek Rock Company was accepted;
for the FROG paved aprons repairs; Chairman authorized to sign Notice of
Completion and the clerk was instructed to record said Notice of Completion;
the Auditor authorized to~pay:-the contract:-amount>less l0%,
77-2287 APPROVE NEW BYLAWS VOLUNTEER FIRE COMPANY
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and unanimously carried, the new bylaws of the Volunteer Fire Company were
approved.
77-2288 APPROVE BUDGET TRANSFERS
On motion of Supervisor Madigan, seconded by Supervisor Moseley
and unanimously carried, .the following budget transfers were approved:
8-56 Federal Revenue Sharing -plant acquisition. .Appropriates
$1,119,.000 for construction of the County Administration Building by the
amount of the Economic Development Administration Local Public Works
Grant award.
8-58 Federal Revenue Sharinr~ - In ant acquisition,. Transfers
$402,380 from the County Administration Building project with a similar
amount going to unallocated appropriation. The purpose of this transfer
is to decrease the appropriation for the Administration Building by the
amount of the excess over the budgeted construction costs and to transfer
that amount to the unallocated appropriation. (Note: this transfer considers
-that $275,825 will be available from the Office of Emergency Services
National Disaster Assistance Act. Tf these funds are not available, other
revenue sharing funds in this amount may have to be substituted.)
B-61 Fire urotection - volunteer nro~ram. .Transfers $5,398 from
special departmental expense; with $900 going to transportation and travel
and $4,498 to fixed assets. This is an appropriation transfer from special
Page 99.
November 29, 1977
November 29, 1977
departmental expanse where the appropriation was originally established
for the Honcut and Concow Volunteers. This transfer reflects an allocation
to faxed assets for the purchase of equipment placed upon the Board's
November 29 agenda for approval.
B-62 Housing and Communi_t~+ Develo$~nent r~ ant. This transfer
performs two purposes: (a) to transfer $1,514.22 to rehabilitation account
from Public Works account within the 197b-77 Connerly and Associates HCD
budget. This transfer was approved by the Board of Supervisors on June 14,
1977; Minute Order 77-1179. '(b) to transfer a $30,000 appropriation from
public works account and $45,000 from residential rehabilitation account
within the HCD 1977-78 budget to reflect final approved grant budget
and to establish the full rehabilitation appropriation in the loan
revolving fund.
5-63 Gradley'Justace Court. Transfers $300 from jury and witness
expense to out-of-county travel to provide an appropriation for attendance
of the Judge at the Municipal and Justice Court Judges Institute.
B-64 Paradise Judicial Court. Transfers $75 from other-transportation-
and-travel to out-af-county travel to provide an appropriation for the
Judge to attend the Califoxnia Judges Association Conference.
77-2289 AUTHORIZE ADMINISTRATIVE OFFICER TO EXECUTE AN AGREEMENT WITH THE
EL MIDIO FIRE DISTRICT FOR $4,200 IN BLOCK GRANT ASSISTANCE IN MOVING FIRE
HYDRANTS FORCED BY STREET IrFPROVEMENTS IN SOUTH OROVILLE.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the Administrative Officer was authorized to execute
an agreement with the E1 Medio Fire District for $4,200 in block grant
assistance in moving fire hydrants forced by street improvements in south
Oroville.
77-2290 REPROVE COMMUNITY ACTION AGENCY ITEMS
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried, the following Community Action Agency items were
a pproved:
1. Approved energy skills contract amendments as follows:
extension of the program completion date from September 30 to December 2,
1977; an increase in the salary of the remaining crew chief from $3.75
to $4.00 per hour; deletion of the restriction in the amount allowed for
transportation; and reduction in the amount of the cantract award fram
$27,712..15 to $25,629.00 so that all funds will be expended by the completion
date; authorized Chairman to sign..
2. Approve lease renewal for Chico Head Start offices located
at 341 Broadway, Suite 400, Chico`~far renewal from January 1 through
December 31, 1978 at a monthly rental rate of $250 per month and authorized
Executive Director to exercise lease renewal option.
77-2291 PUBLIC HEARING: BILLY J. AND JOAN 3. KROUSE - PETITION FOR VARIANCE
TO PROVISIONS OF SECTIONS 19-10 AND/OR 19°12 OF THE BUTTE COUNTY CODE
FOR PLACEMENT OF A MOBILE HOME ON AP 72-46-0-002, WOODLEAF STAR ROUTE
9199,, OROVILLE
The public hearing of Billy J. and Joan J. Krouse petition for
variance to provisions of Sections 19-10 and/or 19-12 of the Butte County
Code for place~aent of a mobile home on AP 72-46-0-002, Woodleaf Star Route
9199, Oroville was held as advertised. Howard Toussaint, Sanitarian, stated
that the petition was in order.
Page 100.
November 29, 1977
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November 29, 1977
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the petition for variance to provisians of Sections
19-10 and/or 19-12 of the Butte County Code for Billy J. and Joan J. Krouse
for placement of a mobile home on AP 72-46-0-002, Wood leaf Star Route 9199,
Oroville was approved for a period of one year.
77-2292 APPROVE VARIANCE RENEWAL - MARY J. RIDER
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the renewal of variance to Section 19-10 and/or
19-12 of the Butte County Code of Mary J. Rider for placement of a mobile
home at 1921 Palermo Road, Palermo, AP 26-14-3-O19, zoning A-2 was approved
for a period of one year.
77-2293 DENY RE VEST FOR PENALTY RELIEF - ROBERT W. AND VERA J. STEWART
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the request for penalty relief for Robert W. and
Vera J. Stewart, AP 41-08-006 was denied.
77-2294 DENY RE VEST FOR PENALTX RELIEF - V.'R. STANBERRY D.C. INC.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the request far penalty relief of V. R. Stanberry
D.C., Inc., AP 66-10-30 was denied.
77-2295 DENY CLAIM FOR REFUND OF TAXE5 PAID - TWO REQUESTS - CARLOS R. READ
REPRESENTING SEVEN PARCELS
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the two claims for refund of taxes paid by
Carlos R. Read representing seven garcels were denied.
77-2296 ADOPT RESOLUTTON 77-183: NOTICE OF INTENTION TO SELL TAX DEEDED
PROPERTY FOR AP 54-27-03 AT A MINIMUM PRICE OF $2008.0.1
On motion of Supervisor Lemke, seconded by Supervisor Winston
and unanimously carried, Resolution 77-183 notice of intention to sell
tax deeded property .for AE 54-27-03 at a minimum price of $2,008.01 was
adopted and the Chairman authorized to sign.
77-2297 ADOPT RESOLUTION 77-184: NOTICE OF INTENTION TO SELL TAX DEEDED
PROPERTY FOR AP 54-12-54 AT A MINIMUM PRICE OF $20
On motion of Supervisor Lemke, seconded by Supervisor Winston
and unanimously carried, Resolution 77-184 notice of intention to sell
tax deeded property for AP 54-T2-54 at a minimum price of $20 was adopted
and the Chairman authorized to sign.
77-2298 APPROVE LICENSING CONTRACT - CONTRACT N0. 77-58819 REVISION - WITH
STATE DEPARMENT QE HEALTH TO DELEGATE TO THE COUNTY OF BUTTE THE AUTHORITY
AND RESPONSIBILTTX FOR THE INSPECTION, PROGRAM ASSISTANCE, AND SECURING
OF COMPLIANCE WITH THE COMNFUNITY CARE LICENSING PROGRAM LAWS - AMOUNT
PAYABLE TO THE COUNTY SHALL NOT EXCEED THE AMOUNT OF $20 456.
On motion of'Supervisor Lemke, seconded by Supervisor Moseley
and unanimously carried, licensing contract revision - contract no.
77-58819 with the State Department of Health to delegate to the County
of Butte the authority and responsibility for the inspection., program
assistance, and securing of compliance with the Community Care Licensing
Program laws with the amount payable to the County shall not exceed the
amount of $20,45b was approved and the Chairman authorized to sign.
Page 101..
November 29, 1977
November 29, 1977
77-2299 APPROVE,CONTRA.CT CHANGE ORDER N0. 2. - SKYWAY BRIDGE @ BUTTE CREEK,
PRO.~ECT N0. 51261-76-2 IN THE INCREASING AMOUNT OF $18 321,.40
On .motion of Supervisor Madigan, seconded by Supervisor Zemke
and unanimously carried, CCO ~~2, Skyway Bridge at Butte Creek, Project
No. 51261-76-2 in the increasing amount of $18.,321.40 was approved and
the Chairman authorized to sign; and authorized Auditor to bring back
a transfer from the reserve.
77-2300 AUTHORIZE WORK - APPROVE FUND TRANSFER FROM ROAD RESERVE IN THE
AMOUNT OF $1,502.90 FOR MATERLALS ANB EQUIPMENT RENTAL - CEDAR STREET
IMPROVEMENTS
Orz motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried., the work for Cedar Street improvements was
authorized; ands'fund transfer from road reserve in the amount of $1,502,90
for materials and equipment rental was approved.
77-2301 ADOPT RESOLUTION 77-185: .ACCEPTING WATER DRAINAGE EASEMENT -
MARIPOSA SUBAIVISION UNIT ~~1 - ACCEPT OFFER FOR DIDICATIOFd
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, offer of dedication was accepted; Resolution
77-185 accepting water drainage easement for Mariposa Subdivision
Unit ~~1 was adopted and the Chairman authorized to sign.
77-2302 ASK STATE ENERGY COMMISSION TO POSTPONE REGULATIONS FOR AT LEAST
ONE YEAR - REQUIRING ALL COMMERCIAL BUILDINGS TO BE DESIGNED BY AN
ARCHITECT OR LICENSED ENGINEER FOR THE ENERGY PORTION OF BUILDING
On motion of Supervisor Winston-, seconded by Supervisor Moseley
and unanimously carried, the Board authorized asking the State Energy
Commission to postpone regulations for at least one year requiring all
commercial buildings to be designed by an architect or licensed engineer
for the energy portion of the building.
77-2303 ADDITIONAL MATTERS PRESENTED BY PUBLIC WORKS
Clay Castleberry, public works director, stated that the State
had told him that if the county is successful in getting funding for the
Upper Thermalito Bridge they will share the cost of the 4-lane bridge.
77-2304 TABLE BCAG RECOMMENDATIONS FOR TRANSPORTATION OF HANDICAPPED PERSONS
WITH THE CHICO URBAN AREA UNTIL PUBLIC WORiZS HAS HAD A CHANCE TO CONTACT
ALL OF THE PEOPLE INVOLVED IN TRANSPORTATION AND IiAS MADE A STUDY OF THE
UNMET NEEDS IN BUTTE COUNTY
The two clipper services in Oroville and Paradise should be
operating by the weekend or the first of the next week.. They have funds
and radio transmitters.
Mike McEnespy, public works, set out the arrangement for the
Chico area for the handicapped. The county will purchase the vehicle
and the hourly rate would be $8 per hour. This would be about $19,000
per year. One way to keep the cost down would be to allow the operator
to use the vehicle with the rest of his fleet with a priority for the
handicapped. This would be the cost of the ticket plus $$,500 per year..
Discussion of the Oxoviile Transportation Service had at this
time. The operator has his own vehicle to operate with.
On motion of Supervisor Lemke, seconded by Supervisor Winston
and unanimously carried, the recommendations of BCAG regarding transportation
of handicapped persons with the Chico urban area were tabled until Public
Works has had a chance to contact a31 of the people involved and to study
the usenet needs of the County. Page 102. November 29, 1977
November 29, 1977
77-2305 PUBLIC HEARING: BEN VAN INGEN - APPEAL OF CONDITIONS OF TENTATIVE
SUBDIVISION MAP ,, AP 50-01-013., 21 LOTS, ZOCATED EAST OF THE SOUTHERN
PACIFIC RAILROAD AND CLARK ROAD PARADISE REOPENED FROM lI/8/77
The reopened public hearing on the Ben Van Ingen appeal of
conditions of tentative subdivision map, AP 50-01-013, 21 lots, located
east of the Southern Pacific Railroad and Clark Road, Paradise was
held at this time. Clay Castleberry, public works director, set out
the background of the appeal. The street lights and requirement to
apply for residential zoning were the conditions being appealed.
Supervisor Lemke stated that the subdivision map was
an upgraded zone as it was for residential lots. The property is
now zoned A-2. The applicant stated that he would put a deed restriction
on the property that it can-only be used for residential purposes. This
will create an additional burden on the applicant.
Supervisor Winston stated that the Board could initiate zoning
in that area.
Chairman Richter stated that the developer should have to have
the property zoned for residential purposes before a map is approved.
Hearing open to the public. Appearing: Charles Kaza. Mr.
Kaza stated that the adjacent property owners were not required to
apply for zoning. Mr. Van Ingen should not be required to apply for
the zoning.
Hearing closed to the public and confined to the Board.
Supervisor Winston stated that the people depend on the
ordinance to be able to develop property. The A-2 zoning allows residential
use. The developer should be able to depend on the ordinances that the
Board has passed and not be required to seek a zoning change.
Supervisor Lemke stated that MAC was making a study of the
zoning in the Paradise area and would be bringing a pxoposal to the
Board. ThesBoard'should.notr,require a zone change before they receive
the recommendations.
On motion of Supervisor Lemke, seconded by Supervisor Winston
and unanimously carried, the requirement for applying for zoning was
removed from the parcel.
77-2306 PUBLIC HEARING: ROBERT AND IRMA WOODS - NEGATIVE DECLARATION AND
REZONE FROM "A-R" (AGRICULTURAL-RESIDENTIAL) TO "AR-MH" (AGRICULTURAL
RESIDENTIAL-MOBILE HOME) PROPERTY LOCATED ON THE EAST SIDE OF GLEN DRIVE
APPROX, 700 FEET SOUTH OF GLEN CIRCLE, IDENTIFIED AS AP 34-06-09,
CONTAINING-1..82 ACRES, MORE OR LESS, OROVILLE
The public hearing on Robert and Irma Woods negative declaration
and rezone from "A-R".(agricultural-residential) to "AR-MH" (agricultural
residential-mobile home) property located on the east side of Glen Drive
approximately 700 feet south of Glen Circle, identified as AP 34-06-09,
containing 1.82 acres, more or less, Oroville was held as advertised.
Petition read in opposition to the rezone. Earl Nelson,~~nvironmental
review director., set out the background of the negative declaration.
Comment ~~12 should be changed by .deleting the last sentence.
Hearing on the negative declaration open to the public.
Appearing: No one.
Page 103.
November 29, 1977
November 29, 1977
T Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Lemke
and unanimously carried, finding the proposed project could not have a
significant effect an the environment, and a negative declaration was
recommended.
Hearing on the project open to the public. Appearing:
1. Margaret M. Wagner. Ms. Wagner spoke in opposition to the
rezone.
2. Sonny Bold, Meadow View Road. Ms. Bolf stated that she
was in favor of the rezone.
3. Virginia Huntley Ms. Huntley stated that she was opposed
to the rezone.
4. Herb Quintel. Mr. Quintel stated that he was opposed to
the rezone.
Tle Planning Commission vote was 5 to 0 to deny the rezone.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the request for a rezone from A-R to "AR-MH" was
denied.
RECESS: 10:40 a.m.
RECONVENE: 10:45 a.m.
77-2307 PUBLIC HEARING: L. P. CORPORON CONDOMINIUM - APPEAL CONDITIONS 2 AND 4
ON TENTATIVE PARCEL MAP, AP 35-065-10, WEST SIDE MYERS STREET ACROSS FROM
CORTO ST1tEET, OROVILLE
The public hearing on the L. P. Corporon Condominium appeal of
conditions 2 and 4 on tentative parcel map, AP 35-065-10, west side of
Myers Street across from Corto Street, Oroville was held at this time.
Clay Castleberry, public works director, set out the background of the
appeal. The applicant proposes to divide up the stores that are existing
and sell. There is a requirement for a map. The buildings are existing.
There would be no.ceew buildings.
Hearing open to the public. Appearing: Bill Geddis, representing
L. P. Corporon. Mr. Geddisdiaaed:~. photos of the property at this time.
The property has been developed for about 25 years.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and carried, the appeal of conditions was denied. AYES: Supervisors
Lemke, Madigan, Winston and Chairman Richter. NOES: Supervisor Moseley
77-2308 ADOPT ORDINANCES 1888 AND 1889: EXTENSION OF INTERIM A-160 {AGRICULTURAL,
160-ACRE PARCELS) AND INTERIM A-5 (AGRICULTURAL,.S-ACRE PARCELS) PROPERTY
SURROUNDING AND INCLUDING MERTDTAN-MUNJAR AREA, CHICO
The public hearing on the extension of interim A-160 (agricultural,
160-acre parcels) and interim A-5 (agricultural, 5-acre parcels) property
surrounding and including Meridian-Munjar area, Chico was held as advertised.
Page 104.
November 29, 1977
November 29, 1977
Hearing open to the public. appearing:
1. Irene Franks. Ms. Franks stated that she was in favor of
the extension of the interim.
2. Dan Grigsby. Mr. Grigsby questioned the Board regarding
the subdivision in the area. Mr. Grigsby stated that he was not in favor
of A-5 zoning being placed on the area.
3. Dewey Jones. Mr. Jones stated that he would like to see
5 acre parcels in the area.
4. Howard Worlitzer. Mr. Worlitzer stated that he supported
the extension of the interim zoning.
5. Richard Isold. Mr. Isold stated that he would like to see
the area in A-5 or A-10 zoning.
6. William McNe11y. Mr. MclVelly stated that the area should
be zoned for at least 160 acres.
7. Mike McGee. Mr. McGee stated that he was opposed to the
extensicn of the interim.
8. Ilene Fodorgo. Ms. Fodorgo stated that their property was
divided by the interim zoning. Ms. Fodorgo stated that they would like
to divide their property and cannot do it with the interim zoning.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, the interim zoning was extended for a period of
90 days; the following ordinances were adopted and the Chairman authorized
to sign:
Ordinance 1888 - A-160 (agricultural, 160-acre parcels)
Ordinance 1889 - A-5 (agricultural, 5-acre parcels)
77-2309 APPEARANCE: CARL WORTHINGTON
Mr. Worthington stated that he had applied for an apartment
above his home so that his sister could live with him. Mr. Worthington
stated that when he applied for a variance the hearing was advertised
as a duplex and the people in the area objected to the word duplex.
The variance was denied.
Discussion of the wording on the variance had at this time.
Duplex means multiple dwelling. An apartment above a home would be a
multiple dwelling.
On motion of Supervisor Lemke, seconded by Supervisor Madigan
and unanimously carried., the wording on the application is to be changed
to apartment and the application is to be sent back to the Board of Zoning
Adjustment for rehearing at no additional cost.
77-2310 APPEARANCE: JOHN MXERS. CHICO
Mr. Myers stated that he lived on Via Verona in Chico. His
neighbors applied for a building permit to add on to their home. The
neighbors, Ralph and Bessie Lipscomb, have applied to the State for
a rest home. Mr. Myers stated that there is a deed restriction on the
property that will not allow this type of development. Mr. Myers stated
Page 105.
November 29, 1977
November 29, 1977
that if Mr Lipscomb applies for a use permit the County must issue the
permit. They cannot deny it.
Mr. Myers was advised that the county has no jurisdiction over
deed restrictions and that he would have to -start a civil action in order
to have anything done.
77-2311 APPEARANCE: CAROL CODY
Mrs.. Cody stated that 'she wanted to find out about the road
naming. Mrs. Cody stated that she lived on Cody Lane and was told that
since there was a Cody Road elsewhere in the County the road name would
have to be changed.
Public Works to work with Mrs. Cody on the problem.
77-2312 APPEARANCE: PHIL MACE
Mr. Mace stated that he was representing Rodney Kopsa. The
Board set a hearing date for January 3, 1977. Mr. Mace stated that he
would like to have the hearing held as soon as possible.
The matter was set for hearing on December 6, 1977 at 11:15 a.m.
and the January 3, 1977 date was vacated.
77-2313 APPEARANCE: FRANK BRAZELL, CHICO
- Mr. Brazell stated that he would Tike to see the Board hire
a full time attorney to handle the water situation. Mr. Brazell stated
that he would be more than willing to contribute his part to hire the
attorney.
77-2314 APPEARANCE: LEE COLBY WYNOKA HOMES
Mr. Colby stated that a subdivision map, Vista Del Cerro Unit
No. 1 was submitted to the Board. It was to have street lights. The
map was approved and he went to PG&E and they said they wanted a deposit
for five years to pay for the lights. Mr. Colby stated that he applied
to the Board to have the subdivision placed in a lighting district. The
request was referred to LAFCo. This matter is taking a Iong time to
complete. In order to get into the lighting district there are forms
that must be filed out and a $50 filing fee is required.
77-2315 APPEARANCE: MRo MURPHY, DEL ORO PINES
- Mr. Murphy stated that he objected to the burning that was
allowed seven days a week. Mr. Murphy stated that people should not be
allowed to burn every day of the week.
Supervisor Lemke to look into the matter and come back to the
Board with a recommendation about burning regulations.
77-2316 APPEARANCE: RON IMHOFF
Mr. Imhoff stated that he was concerned with the 100 foot
limit on wells. If a well is required to be cemented then the distance
from a septic tank should not have to be 100 feet.
Mr. Toussaint., sanitarian, to look into the matter.
77-2317 PUBLIC HEARING: MR. AND MRS. DAN CODY - PETITION FOR VARIANCE TO
PROVISIONS OF SECTIONS 19-10 AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR
PLACEMENT OF A MOBILE HOME AT P.O. BOX 158,.FOREST RANCH, AP b3-09-22
The public hearing on Mr, and Mrs. Dam, body petition for
variance to provisions of Sections I9-10 and/or 19-12 of the Butte County
Code for placement of a mobile home at P, 0. Box 158; Forest Ranch,
Page 106.
. November 29,.1977
November 29, 1977
AP 63-09-22 was held as advertied. Howard Toussaint, sanitarian, stated
that the petition was in order.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the petition for variance to provision of Sections
19-10 and/or 19-12 of the Butte County Code for placement of a mobile
home at P. 0. Box 158, Forest Ranch, AP 63-09-22 for Mr. and Mrs. Dan
Cody was approved for a period of one year.
77-2318 APPOINTMENT - PARADISE ADDRESSING COM~'IITTEE
On motion of Supervisor Lemke, .seconded by Supervisor Winston
and unanimously carried, the following were appointed as membexs of the
Paradise Addressing Committee:
John Tolle
Robert Michalowski
Roger Levy
Robert Grossman
77-2319 ADOPT POLICY AND PROCEDURE MANUAL - TEMPERATURE CONTROL AMENDMENT
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, the policy and procedure manual section is
amended relative to temperature control a sset out in the memo dated
November 21, 1977.
77-2320 ADOPT POLICY AND PROCEDURE MANUAL SECTION 24.0
On motion of Supervisor Winston, seconded by Supervisor Madigan
and unanimously carried, policy and procedure manual section 24.0 was
adopted.
77-2321 PUBLIC HEARING DATE SET
A public hearing date was set for December 13, 1977 at 9:30 a.m.
for consideration of the extension of interim R-N (residential-nonconforming)
property located in South Oroville.
77-2322 AISCUSSION: BOARD OP SUPERVISORS TRAVEL REIMBURSEMENT PROCEDURES
.Discussion of the Board of Supervisors travel reimbursement
procedures held at this time.
Supervisor Lemke stated that when he first became a Supervisor
he had a county vehicle and two credit cards. The only thing he had
to do was submit his odometer reading to the Auditor. Naw that he has
a vehicle of his own the Auditor wants him to submit a travel log.
Supervisor Lemke stated that he could see the reasoning far this if
someone were to drive the trigs a determine that the mileage was correct.
Supervisor Lemke stated that Counsel had explained the reason for this and
had showed him the Government Code sections regula-ring travel.
Discussed; no action taken.
77-2323 APPROV TARTING UP OF OROVILLE TAXI SERVICE PROGRAM USING COUNTY
MONEY AND QUESTING REIMBURSEMENT FROM THE STATE OF CALIFORNIA
On motion of Supervisor Winston, seconded by Supervisor Lemke
and unanimously carried, the starting up of the Oroville Taxi Service
program using county money and requesting reimbursement from the State
of California was approved.
-Page 107.
November 29, 1977
November 29, 1977
RECESS: 12.:30 p.m.
RECONVENE: 1:25 p.m.
E3LECUTIVE SESSION: -The Board recessed at 1:26 p.m. to hold an executive
session regarding personnel matter.
RECONVENED: The Board reconvened at 4:00 p.m. following an executive
session regarding a personnel matter. The Board will issue
a statement next week.
77-2324 ADDITIONAL MATTER PRESENTED BX SUPERVISOR MADiGAN
Supervisor Madigan stated that the Planning Commission felt that
they should not handle the boundaries set out by the burning committee on
the burning regulations.
Chairman Richter stated that there was an outcry of people opposing
the boundaries.
Supervisor Madigan stated that tt~e reason of the opposition was
that some of the people thought that commercial and agricultural burning
would also be banned.
Chairman Richter stated that Chico is in the process of annexing
islands and this should help with the problem.
AD.70URNMENT
There being nothing further before the Board the meeting was
adjourned at 4:05 p.m. to reconvene on Tuesday, December 6, 1977 at
9:00 a.m.
ATTEST: CLARK A. NELSON., COUNTY CLERK
c
By Chairman, Board of Supervisors
Page 108.
November 29, 1977