HomeMy WebLinkAboutM012484January 24,-1984
Call to order - Board of Supervisors room, County Administration
Building, 25 County Center Drive, Oroville.
Present: Supervisors Dolan, Fulton, Moseley, Wheeler and Chair-
man Saraceni; Martin J. Nichols, chief administrative officer;
Del Siemsen, county counsel; and, Rubye Townsley, deputy clerk.
Pledge of allegiance to the Flag of the United States of America.
In~vocattan- Chairman Saraceni
84-65 Additional items from Board members to be addressed at the end
of the day:
1. Supervisor Wheeler requested that the Drake/zsom (Canyon
Park Estates) matter be referred to the Planning Commission
because of confusion regarding the environmental impact
document. The Board had previously continued this closed
hearing to February 14, 19$4.
2. Supervisor Wheeler requested that a discussion of what is
happening in Sacramento regarding funding be put on next-week's
agenda along with the fiscal report, and at that time she
will give a report on the CSAC meeting last Friday.
3. Supervisor Dolan would like to discuss the Ag Nuisance
Statement.
4. Chairman Saraceni would like to have the Board fill out
information forms from CSAC, and he also announced there
would be a closed session sometime today.
Page 390
January 24, 1984
January 24, 1984
84-66 Items removed from the Consent Agenda for separate consideration:
(112)
1. Oroville Area Transit capital grant application - the
application for $89,040 from Urban Mass Transit Authority
Section 18 is for the purchase of three mini buses to replace
those currently in use in the Oroville Area Transit System as
the vehicles will have over 150,000 miles when replaced. The
application requires a local match of $22,260 to came from
Transportation Development Act funds.
2. Personnel Rules amendments - several modifications are
proposed to the Personnel Rules which will correct language
in the Rules regarding reinstatement rights.
3. Data processing strategy study contract amendment - an
amendment has been prepared to the agreement between the County
of Butte and Main-Hurdman representing changes in various sub
tasks and revised costs identified by deliverable product and
increases the contract from $53,045 to $56,817.
4. Butte County Economic Development Corporation writes indi-
cating that the Private Industry Council and Board of Supervisors
should determine how future vacancies an PIC should be filled
as sufficient applications are still available and that the
Corporation does not wish to continue with administrative
functions of the PIC.
5. Butte County Farm Bureau - Edward C. PAcLaughlin, president,
advises of the Farm Bureau's withdrawal of support far the Quail
Canyon Project and advises of the Bureau's understanding of
Williamson Act property withdrawals.
84-67 Consent Agenda
(190)
1. Approval of minutes - January 10 and January 17, 1984.
:Action requested:. APPROVE MINUTES.
2. Budget transfers. Action requested: APPROVE BUDGET TRANS-
FERS B-106, B-.09, B-110, B-112, B-113, B-114, AND B-115.
3. Water tender - award of bid - bids have been opened for a
used cab and chassis built up as a water tender for the
Page 391
January 24, 1984
January 24, 1984
84-67 Butte County Fire Department with the low bidder being
(Cont'd) Paul's Truck & Equipment Company, which fully meets speci-
fications and is within the budget allocation for the purchase.
___ Action requested: AWARD BID TO PAUL'S TRUCK & EQUIPMENT
COMPANY IN THE AMOUNT OF $43,343.
4. Appointment of Ernest E. Hatch and Charles H. Johnson, Jr.
to the governing body of Reclamation District No. 833
pursuant to Elections Code X23520 to serve until November 27,
1987. Action requested: MAKE APPOINTMENTS,
5. Reappointment of Waldo Yates to the Oroville Cemetery
District Board of Directors to serve until January 1, 1988.
Action requested: MAKE APPOINTMENT.
6. Appointment of Milton Willadsen, Worth B. George, Hugh
We11s, Dwight Brinson, and Chester Graves to the Durham
Memorial Hall Committee to serve until January 24, 19$5.
Action requested: MAKE APPOINTMENTS.
7. Appointment of Henry Woodson (private agency representative
providing service to adult offenders), Amador Garcia (public
member), and D. L, Clayton (private community based agency)
to the Butte County Justice System Advisory Group far an
indefinite term of appointment. Action requested: MAKE
APPOINTMENTS,
$. John and Helen Beck - appeal of the requirement for an
environmental impact report on a General Plan Amendment
from low density residential to medium density residential
and a rezone from S-R (suburban residential) to R-4 (maximum
density residential) located on both sides of East Avenue,
between Ceres Avenue and Floral Avenue, identified as AP 48-
34-57, etc., Chico. Action requested: SET PUBLIC HEARING
FOR FEBRUARY 14, 1984, AT 10:00 A.M.
9. Conveyance of development rights and open area easement
far Thomas F. Smyth and Virginia R. Smyth to comply with
condition of approval on use permit for AP 38-17-05. Action
requested: AUTHORIZE CHAIRMAN TO SIGN CONVEYANCE OF DEVELOP-
MENT RIGHTS AND OPEN AREA EASEMENT.
10. Summary abandonment - Indian Drive, Paradise area - a reso-
lution of summary agandonment has been prepared for a portion
of Tndian Drive adjacent to AP 66-51-15 and 16, for an
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January 24, 1984
January 24, 1984
84-67 exchange of right-of-way between John Sir and the County of
(Cont'_d) Butte. Action requested: ADOPT RESOLUTION 84-10, AUTHORIZE
THE CHAIRMAN TO SIGN, AND AUTHORIZE THE CHAIRMAN TO SIGN
QUIT CLAIM DEED AND GRANT DEED FOR EXCHANGE OF RIGHT-OF-WAY.
11. City of Biggs municipal election consolidation - City of
..Biggs Ordinance No. 256 consolidates their municipal elec-
tions with the statewide general elections which requires
Board of Supervisors approval to consolidate. Action
requested: APPROVE CONSOLIDATION OF BIGGS MUNICIPAL
ELECTIONS.
12. 1982-83 Audit Reports - Coopers and Lybrand forward reports
for the year ending June 30, 1983, far: County of Butte -
Combined Financial Statements; Butte County Association of
Governments - Local Transportation Funds; Butte County
Association of Governments - State Transit Assistance Fund;
Butte County Association of Governments - Administration
Fund; Butte County Association of Governments Metropolitan
Planning Organization; Butte County Transit Funds; Butte
County Non-Transit Funds; Revenue Sharing Compliance Report
Letter; and Report to Management. Action requested: DIRECT
CHIEF ADMINISTRATIVE OFFICER TO COMPILE DEPARTMENTAL COMMENTS,
AS NECESSARY, TO THE MANAGEMENT REPORT.
13. Systems and Computer Technology Corporation contract audit -
Coopers and Lybrand have submitted a proposal for the conduct
of a contractual manpower compliance audit covering a two
year period, January 1, 1982, through December 31, 1983, in
the amount of $3,500. Action requested: APPROVE LETTER
PROPOSAL AND AUTHORIZE THE CHAIR TO SIGN.
14. Report on maintenance area benefit assessments to determine
land use categories and factors for fiscal year 1984 re-
questing continuance of scheduled January 31, 1984, hearing.
Action requested: AUTHORIZE NEW HEARING DATE OF FEBRUARY 14,
19$4, AT 10:30 A.M.
15. Community Action Agency - Contract No. 83-838-703 with the
State Office of Economic Opportunity has been prepared in
the amount of $160,000 to provide services to low income
residents of the county and represents a renewal of the
ongoing Community Action Agency community programs, Action
requested: APPROVE CONTRACT AND AUTHORIZE THE CHAIRMAN TO
SIGN.
Page 393
January 24, 1984
January 24, 19$4
54-6~ 16. Community Action Agency - Amendment 1 to Contract No. 83~
(Cont'd) 844-104 with the State Office of Economic Opportunity
increasing funding from $50,624 to $152,660 to assist low
income households with. utility payments in emergency situa-
tions to permit services to an additional 816 households.
Action requested: ACCEPT CONTRACT AMENDMENT AND AUTHORIZE
THE CHAIRMAN TO SIGN.
17. Communications:
a. Rodney A. Klein, attorney at law - the attorneys, an
behalf of Donna M, and Norman M. Gardner, submit application
to file a late claim and claim for personal injuries in the
amount of $150,000 as a result of alleged injuries occurring
on June 14, 1983, at Chico Junior High School. Action
requested: REFER TO COUNTv COUNSEL AND RISK MANAGEMENT
COORDINATOR FOR RECOMMENDATION.
b. Law Offices of Morse & Hughes, Dublin - the attorneys,
an behalf of Marshall Jeffrey Myers, write concerning a
claim for damages in the amount of $1,100,000 as a result
of alleged innuries resulting from an incident occurring
an or about July 26, 1983, and thereafter. Action requested:
REFER TO COUNTY COUNSEL AND RISK MANAGEMENT COORDINATOR FOR
RECOMMENDATION.
c. Connerly & Associat4s, Inc. - forward information
regarding state requirements for Housing Element updates.
Action requested: ACCEPT FOR INFORMATION AND REFER TD
PLANNING DIRECTOR.
d. City of Chico - Fred Davis, city manager, requests the
city be provided notice of proceedings to vacate public
streets/highways or public easements in the Chico urban
area. Action requested: REFER TO CLERK OF THE BOARD,
PLANNING, AND PUBLIC WORKS.
e. U.S. Department of Labor - send formal notification the
county has no further liability regarding the audit late
charge of 65~. Action requested: INFORMATION ONLY.
f. Ed Brawn, assessor - requests authorization to enter into
Systems and Computer Technology Corporation vs. County of
Butte (Case No. 82665) and that he be authorized to retain
an attorney using general funds. Action requested: REFER
TO COUNTY COUNSEL FOR RECOMMENDATIDN.
Page 394
January 24, 1984
January 24, 1984
84-67
(Cont'd) MOTION: APPROVE CONSENT AGENDA
__ M S
VOTE: 1 `? 2 V 3° 4 Y, 5 `~ (Unanimously carried)
84-68 Oroville Area Transit capital grant application - the application
(149) for $89,040 from Urban Mass Transit Authority Section 18 is for
the purchase of three mini buses to replace those currently in
use in the Oroville Area Transit System as the vehicles will have
over 150,000 miles when replaced. The application requires a
local match of $22,260 to come from Transportation Development
Act funds. (CONTINUED TO JANUARY' 31,.19$4, FOR A REPORT FROM
PUBLIC WORKS.)
84-69 Personnel Rules amendments - several modifications are proposed
(175) to the Personnel Rules which will correct language in the Rules
regarding reinstatement rights. {CONTINUED TO LATER IN THE DAy.)
84-70 Data processing strategy study contract amendment - an amendment
(182) has been prepared to the agreement between the County of Butte
and Main-Hurdman representing changes in various sub tasks and
revised costs identified by deliverable product and increases
the contract from $53,045 to $56,817.
MOTION: APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN.
M S
VOTE: l Y 2 '~ 3° 4 y 5 Y {Unanimously carried)
84-71 Butte County Economic Development Corporation Writes indicating
(214) that the Private Industry Council and Board of Supervisors should
determine how future vacancies on PIC should be filled as suffi-
cient applications are still available and that the Corporation
does not wish to continue with administrative functions of~the
PIC.
Page 395.
January 24, 1984
January 24, 1984
84-71 MOTION: APPROVE RECOMMENDATIONS AND REFER TO CHIEF ADMINTSTRA-
(Cont"d) TTVE OFFICER TO WORK WITH INDIVIDUAL CHAMBERS OF COMMERCE
TO PROVIDE NOMINEES FOR MEMBERSHIP TO THE PIC.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 ~' (Unanimously carried}
84.72
(239) Butte County Farm Bureau - Edward C. McLaughlin, president,
advises of the Farm Bureau's withdrawal of support for the Quail
Canyon Project and advises of the Bureau's understanding of
Williamson Act property withdrawals.
MOTION: DIRECT STAFF...TO.(1) PREPARE PROPOSED POLICY ON CAN-
CELLATION AND PAYMENT OF FEES; (2) PROV.'TDE REPORT.,ON
WHAT IS OWED; AND, (3} INVITE APPLICANT FOR QUAIL
CANYON PROJECT AT A SCHEDULED TIME TO MAKE PRESENTATION
ON MITIGATION MEASURES FOR DOWNSTREAM RUN-OFF.
M 5
VOTE: l Y 2 Y 3:Y 4 Y 5 `?' (Unanimously carried}
Regular Agenda
84-73 Closed hearing -- Midway Orchards - withdrawal from California
(386) Land Conservation Act (item on which a draft environmental impact
report has been prepared) for 110 acres located on the east side
of Midway at its intersection with Mary Bill Ranch Road, between
Entler Avenue and Oroville Chico Highway, south of Chico,
identified as AP 40-02-116. (From 11/16/83}
MOTION: I MOVE THAT THE BOARD OF SUPERVISORS ADOPT RESOLUTION
84-11 APPROVING THE TENTATIVE CANCELLATION OF THE WILL-
IAMSON ACT CONTRACT FOR THE MIDWAY ORCHARDS PROPERTY
AND CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT
FOR THE PROJECT AS LEGALLY ADEQUATE AND COMPLETE.
IF FURTHER MOVE THAT THE RESOLUTION CONTAIN THE
FOLLOWING DETERMINATIONS AND FINDINGS:
Page 396
January 24, 1984
January 24, 1984
84-73 1. THE MTDWAv ORCHARDS PROPERTY, CONSISTING OF 110
(Con~'d) ACRES IDENTIFIED AS ASSESSOR'S PARCEL 40-02-116, IS
THE SUBJECT OF A PETITION FOR CANCELLATION OF A LAND
___ CONSERVATION ACT CONTRACT PURSUANT TO THE SPECIAL WINDOW
PROVISION OF THE WILLTAMSON ACT (AB 2074). THE PETITION
WAS ACCEPTED FOR FILING BY THE COUNTY ON MAY 23, 1982.
THE PROPOSED ALTERNATIVE USE OF THE PROPERTY IS A LOW
DENSITY RESIDENTIAL DEVELOPMENT OF ONE DWELLING UNIT
PER ACRE. THE CONCEPTUAL DEVELOPMENT PLAN INDICATES
THE CLUSTERING OF 110 UNITS ON THE 110 ACRES WITH A
VARIETY OF HOUSING TYPES IN A PA-C ZONE. A 200-FOOT
BUILDING SETBACK BUFFER IS PROPOSED TO SURROUND-THE
DEVELOPMENT. THE BOARD HELD DULY NOTICED AND CONDUCTED
PUBLIC HEARINGS ON THE PETITION AND RECEIVED EVIDENCE
FROM ALL INTERESTED AND AFFECTED PERSONS.
2. WITH REGARD TO THE CANCELLATION PURSUANT TO AB 2074,
THE BOARD IS REQUIRED TO MAKE AND DOES HEREBY MAKE THE
THE FOLLOWING FINDINGS:
A, THE CANCELLATION AND PROPOSED ALTERNATIVE USE OF
THE SUBJECT PROPERTY WILL NOT RESULT IN A DISCONTIGUOUS
PATTERN OF URBAN DEVELOPMENT. IN USING THE WORD
'P T ERN.," THE LEGISLATURE INTENDED THAT THE BOARD
LOOK TO ALL OF'THE CONDITIONS AND CIRCUMSTANCES IN THE
GENERAL~VICINITY OF THE PROJECT SITE AND NOT RESTRICT
::'ITSELF ONLY TO PROPERTIES SHARING A COMMON BOUNDARY LINE
WITH THE PROJECT SITE. THIS LEGISLATIVE INTENT IS CLAR-
IFIED BV AB 779, WHICH WAS SIGNED BV THE GOVERNOR TN
SEPTEMBER OF LAST YEAR. THE PROJECT TS FOUND TO COMPLY
WITH THE BOARD'S ADOPTED DEFINITION OF "CONTIGUOUS"
WHICH READS, "CONSISTENT WITH THE DEVELOPMENT OF THE
AREA OR NEIGHBORHOOD NOT RESULTING IN DISCONTIGUOUS
PATTERNS OF URBAN DEVELOPMENT." THE ALTERNATIVE USE
PROPOSED BY MIDWAY ORCHARD TS CONSISTENT WITH THE PRE-
SENT AND FUTURE PLANNED DEVELOPMENT OF THE SURROUNDING
AREA. THE PROJECT SITE IS DIRECTLY CONTIGUOUS TO THE
SOUTHGATE INDUSTRIAL COMMUNITY, PROPERTY WHICH HAS BEEN
GENERAL PLANNED, ZONED AND DEVELOPED FOR URBAN INDUS-
TRIAL..USES OVER THE. LAST 10 .YEARS. ADDITIONALLY,
SOUTHGATE INDUSTRIAL SUBDIVISION UNIT 2, AN APPLICATION
PRESENTLY IN PROCESS BY THE COUNTY, INCORPORATES THE CON-
STRUCTION OF URBAN IMPROVEMENTS DIRECTLY ALONGSIDE THE
EASTERN BOUNDARY OF MTDWAv ORCHARDS FOR A DISTANCE OF
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January 24, 1984
Jariuary 24, "1984
84-73' APPROXIMATELY 1/3 MILE. THOSE IMPROVEMENTS WILL, IN
Cont'c1) PART, CONSIST OF A DRAINAGE DETENTION BASIN WITH PIPE-
LINE. FURTHER, THERE ARE OTHER PROPERTIES CURRENTLY
ZONED AND/OR DEVELOPED FOR RESIDENTIAL USES IN THE
VICINITY OF THE PROJECT SITE, INCLUDING BUT NOT LIMITED
TO THE ENTLER AVENUE SUBDIVISION, AT DENSITIES COMPARABLE
TO AND COMPATIBLE WITH THE DENSIT`~ PROPOSED IN THE
ALTERNATIVE USE CONCEPTUAL DEVELOPMENT PLAN. ALL URBAN
INFRASTRUCTURE IS READILY AVAILABLE AND ACCESSIBLE TO
THE PROJECT SITE. FINALLY, THE PROJECT DESIGN OF THE
CONCEPTUAL DEVELOPMENT PLAN ENTAILS A NUMBER OF FEATURES
TO ESTABLISH A TRANSITION BUFFER BETWEEN URBAN AND RURAL
USES IN THE AREA.
B. THE PROPOSED ALTERNATIVE USE OF THE SUBJECT PROPERTY
IS CONSISTENT WITH THE APPLICABLE PROVISIONS OF THE
COUNTY GENERAL PLAN IN EFFECT ON OCTOBER 1, 1981. THE
LAND USE MAP DESIGNATION AT THAT TIME. WAS LOW DENSITY
RESIDENTIAL, A CLASSIFICATION THAT PERMITTED FROM 1 TO
4 DWELLING UNITS PER ACRE. THE CONCEPTUAL DEVELOP-
MENT PLAN FOR THE PROJECT SITE PROPOSES A DENSITY OF 1
DWELLING UNIT PER ACRE, THE LEAST POSSIBLE DENSITY WITHIN
WITHIN THE PERMITTED RANGE. THUS, THE PROPOSED ALTERNA-
TIVE USE CONFORMS TO THE SITE DESIGNATION CRITERIA FOR
LOW DENSSTY RESIDENTIAL SET FORTH IN THE LAND USE ELE-
MENT OF THE COUNT`j GENERAL PLAN IN EFFECT ON OCTOBER 1,
1981. FURTHER, THE CONCEPTUAL DEVELOPMENT PLAN PROPOSES
A PROJECT DESIGN OF CLUSTERED DWELLING UNITS WITH A SUB-
STANTIAL 200-FOOT BUILDING SETBACK BUFFER AROUND THE
PERIMETER OF THE PROPERTY. THIS DESIGN OF THE PROJECT
SITE IS SUPERIOR TO A CONVENTIONAL GRID SUBDIVISION
{SUCH AS THE 201-LOT PROPOSAL FOR THE SITE IN 1978)
BECAUSE OF THE SIGNIFICANT PRESERVATION OF OPEN SPACE
AND THE ENHANCE COMPATIBILITY WITH SURROUNDING LANDS.
THE PROPOSED PROJECT DESIGN WILL ALSO COMPLY WITH A
RESOURCE MANAGEMENT POLICY OF THE APPLICABLE COUNTY
GENERAL PLAN FOR AGRICULTURE AND CROP LAND THAT LOW
DENSITY RURAL RESIDENTIAL DEVELOPMENT SHOULD BE ALLOWED
A5 A BUFFER BETWEEN INTENSIVE AGRICULTURAL USES AND URBAN
DEVELOPMENT. STILL FURTHER, THE APPLICABLE COUNTY
GENERAL PLAN RECOGNIZED AND RECITED THE "AMERICAN CON-
CEPT OF PROPERTY RIGHTS" WHICH REQUIRES THE COUNTY TO
ALLOW WHEREVER POSSIBLE A PROFITABLE ECONOMIC USE FOR
EACH PARCEL. THE BOARD HAS BEEN PRESENTED WITH SUB-
STANTIAL EVIDENCE THAT THE SUBJECT PROPERTY CANNOT BE
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January 24, 1984
January 24, 1984
84-73 UTILIZED FOR PRODUCTIVE AND ECONOMICALLY VIABLE AGRI-
{Cont'd) CULTURAL PURPOSES. FINALLY, THE PROPOSED ALTERNATIVE
USE WOULD FACILITATE THE ACCOMPLISHMENT OF NUMEROUS
HOUSING ELEMENT GOALS AND POLICIES THROUGH THE PROVISION
OF A DIVERSE RANGE OF HOUSING TYPES NEAR AREAS OF URBAN
DEVELOPMENT AND EMPLOYMENT.
3. CANCELLATION OF THE LAND CONSERVATION ACT CONTRACT
FOR THE MIDWAY ORCHARDS PROPERTY IS SUBJECT TO THE PAYMENT
OF CONCELLATION FEES IN THE AMOUNT PRESCRIBED BY STATUTE
AND DETERMINED BY THE ASSESSOR. THOSE FEES ARE TO BE PAID
PRIOR TO ANY SUBSEQUENT DISCRETIONARY ACTION BY THE COUNTY
RELATING TO THE PROPERTY.
4. PRIOR TO THE FILING OF A CERTIFICATE OF CANCELLATION,
MIDWAY ORCHARDS SHALL OBTAIN APPROVAL OF A GENERAL PLAN
AMENDMENT, ZONE CHANGE AND SUBDIVISION MAP AS NECESSARY
TO ACCOMMODATE THE PROPOSED ALTERNATIVE USE.
5. THE FINAL ENVIRONMENTAL IMPACT REPORT, WHICH INCLUDES
THE DRAFT ENVIRONMENTAL IMPACT REPORT, THE COMMENTS
RECEIVED THEREON AND THE RESPONSES TO THOSE COMMENTS, HAS
BEEN COMPELTED TN COMPLIANCE WITH THE CALIFORNIA ENVIRON-
MENTAL QUALITY ACT, THE STATE CEQA GUIDELINES AND THE COUNTY
ENVIRONMENTAL REVIEW GUIDELINES. NO COMMENTS REGARDING THE
ENVIRONMENT WERE RECEIVED DURING THE PUBLIC HEARINGS THAT
HAVE NOT ALREADY BEEN DISCUSSED TN THE RESPONSES CONTAINED
IN THE FINAL EIR. THE FINAL EIR WAS FULLY AND CAREFULLY
CONSIDERED TN ARRIVING AT A DECISION ON THE PETITION FOR
CANCELLATION.
6. ALTHOUGH THE CANCELLATION AND PROPOSED ALTERNATIVE
USE OF THE SUBJECT PROPERTY TS A PROJECT THAT MAY HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT, MOST SIGNIFICANT
EFFECTS CAN BE ELIMINATED OR REDUCED TO A LEVEL OF NON-
SIGNIFICANCE BY THE ADOPTION OF MITIGATION MEASURES FOR
THE SUBSEQUENT RESIDENTIAL SUBDIVISION OF THE PROPERTY AS
PROPOSED BY THE ALTERNATIVE USE CONCEPTUAL DEVELOPMENT PLAN.
TN ADDITION TO THE INCORPORATION OF MITIGATION MEASURES -
INTO THE PROJECT APPROVAL, THERE ARE .NUMEROUS OVERRIDING
CONSIDERATIONS WITH RESPECT TO ANY REMAINING UNMITIGATED
SIGNIFICANT ENVIRONMENTAL IMPACTS.
7. THE FINAL EIR IDENTIFIES ENVIRONMENTAL EFFECTS RESULT-
ING FROM IMPLEMENTATION OF THE PROJECT. THE EIR FURTHER
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January 24, X984
January 24, 2984
84-73 ADDRESSES THE STGNTFICAN CE OF THOSE IMPACT AND THE AVAIL-
(Cont'd) ABILITY OF MITIGATION MEASURES TO REDUCE THEM. THE
RECOMMENDED MITIGATION MEASURES SUMMARIZED ON PAGES 1
THROUGH 4 OF THE EIR ARE HEREBY MADE A PART OF THE PROJECT
APPROVAL.
8. ON PAGE 36 OF THE FINAL EIR, 6 PARTICULAR ADVERSE
IMPACTS OF THE PROJECT ARE IDENTIFIED FOR WHICH SPECIFIC
COMMENTS ARE WARRANTED:
A. STORM WATER RUNOFF WILL INCREASE, WHILE SUCH
RUNOFF WILL NECESSARILY INCREASE AS AN ORDINARY CONSE-
QUENCE OF ANY DEVELOPMENT, SUBSEQUENT DEVELOPMENT WILL
INCLUDE OVERALL DRAINAGE AND GRADING OF THE PROPERTY WILL
BE UNDERTAKEN TO DIRECT DRAINAGE TO THE LANDSCAPED AREAS
AS A MEANS OF ENHANCING PERCOLATION AND REDUCING RUNOFF
FROM THE SITE.
B. AREA TRAFFIC AND TRAFFIC-RELATED NOISE AND AIR
POLLUTION WOULD INCREASE. THIS IMPACT IS AGAIN ONE
WHICH NECESSARILY RESULTS FROM ANY PROPOSED DEVELOPMENT.
MITIGATION MEASURES SPECIFIED IN THE EIR WILL SUBSTAN-
TIALLY REDUCE THOSE IMPACTS. A LEFT TURN LANE WILL BE
CONSTRUCTED AT THE INTERSECTION OF MARY BILL RANCH ROAD
AND THE MIDWAY. WARNING SIGNS WILL BE REQUIRED AT THE
RAILROAD CROSSING TO THE ACCESS ROAD. THE APPLICANT
SHALL CONSIDER THE INSTALLATION OF AN AUTOMATIC WARNING
DEVICE AT THE RAILROAD CROSSING. CONSTRUCTION-RELATED
IMPACTS WILL BE OF SHORT-TERM DURATION ONLY. DUST CON-
TROL METHODS WILL BE IMPLEMENTED TO REDUCE AIR QUALITY
IMPACTS DURING CONSTRUCTION. NOISE FROM VEHICULAR
TRAFFIC ON THE MIDWAY OR FROM INFREQUENTLY PASSING TRAINS
ON THE RAILROAD TRACK WILL BE MITIGATED BY THE 200-FOOT
SUFFER ZONE ALONG THE WESTERN BOUNDARY OF THE PROPERTY.
FINALLY, AS INDICATED IN THE STATEMENTS OF OVERRIDING
CONSIDERATION TO FOLLOW, THE LOCATION OF HOUSING TO
CENTERS OF INDUSTRIAL BUSINESS IN._THE SOUTH CHTCO AREA
WILL ACT TO REDUCE AIR POLLUTION THROUGH SHORTER COMMUTES.
C. APPROXIMATELY ~.].O~ACRES OF LAND WILL BE REMOVED
FROM AGRICULTURAL PRODUCTION. HOWEVER, THIS REMOVAL
IS MORE THEORETICAL THAN PRACTICAL. ALL EVIDENCE
PRESENTED SUGGESTS THAT THE SUBJECT PROPERTY IS CURRENTLY
ONLY MARGINALLY PRODUCTIVE AT BEST. SUCH EVIDENCE
ADDITIONALLY INDICATES THAT THE PROPERTY CANNOT BE
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January 24, 1984
January 24, 1984
84-'73 OPERATED ON A VIABLE BASIS AS A COMMERCIAL ALMOND
(Con~'d) ORCHARD, AND ITS FEASIBILITY FOR OTHER FIELD OR ORCHARD
CROPS ON A COMMERCIAL BASIS IS HIGHLY DOUBTFUL. FURTHER,
OVERRIDING CONSIDERATIONS ARE APPLICABLE TO THIS MATTER.
D. A POTENTIALLY CONFLICTING LAND USE WILL BE INTRO-
DUCED INTO AN AGRICULTURAL AREA. ANY ADVERSE IMPACTS
WILL BE REDUCED CONSIDERABLY BY THE 200-FOOT BUILDING
SETBACK BUFFER FROM THE PROPERTY LINES. THIS SETBACK
WILL BE A BENEFIT FOR MAKING THE PROJECT COMPATIBLE WITH
ADJACENT AGRICULTURAL, RESIDENTIAL AND INDUSTRIAL USES.
AS STATED UNDER THE INDUSTRIAL SITE DESIGNATION CRITERIA
IN THE LAND USE ELEMENT, IT IS NOT DESIRABLE TO LOCATE
RESIDENTIAL USES TMMEDIATLEY ADJACENT TO INDUSTRIAL
USES; THEREFORE, THE BUFFER CREATED BY THE BUILDING
SETBACK WILL MEET THIS SITE DESIGNATION CRITERIA. FURTHER-
MORE,'_THE BUILDING SETBACK BUFFER IS CONSISTENT WITH
THE LAND USE ELEMENT RESOURCE MANAGEMENT POLICY OF
ENCOURAGING RURAL RESIDENTIAL USES AS A TRANSITION
BETWEEN INTENSE AGRICULTURAL AND URBAN USES.
E. DEMAND FOR PUBLIC SERVICES AND UTILITIES WILL IN-
CREASE. THIS IMPACT, LIKE OTHERS RECITED ABOVE, NECES-
SARILY RESULTS FROM ANY PROPOSED DEVELOPMENT. IN ANY
EVENT, PUBLIC SERVICES AND UTILITIES ARE CURRENTLY
A"JAILABLE IN THE VICINITY OF THE PROJECT SITE, AND THEY
CAN READILY BE EXPANDED AND ACCESSED TO THE SITE.
F. ENERGY CONSUMPTION WOULD INCREASE. THIS AGAIN
NECESSARILY FOLLOWS FROM AN`~ DEVELOPMMNT. ENERGY FACIL-
ITIES AND SUPPLY ARE, HOWEVER, CURRENTLY AVAILABLE IN
THE VICINITY OF THE PROJECT SITE TO ACCOMMODATE ANY
INCREASE IN NEEDS.
.: 9. SOME OF THE SIGNIFICANT ENVIRONMENTAL EFFECTS IDENTI-
FIED IN THE FINAL EIR MA° NOT BE COMPLETEL't': ELIMINATED OR
REDUCED TO A LEVEL OF NONSIGNIFICANCE BY REDESIGN OF THE
PROJECT OR BY INCORPORATION OF MITIGATION MEASURES AT THIS
POINT IN TIME BECAUSE OF THE CONCEPTUAL NATURE OF THE
DEVELOPMENT PLANT FOR THE PROPOSED ALTERNATIVE USE OF
THE SUBJECT PROPERTY. NEVERTHELESS, ANY SUCH IMPACTS
WILL BE MORE SPECIFICALL`~ ADDRESSED IN SUPPLEMENTAL ENVIRON-
MENTAL DOCUMENTATION PREPARED IN CONNECTION WITH SUBSEQUENT
Page 401
January 24, 1984
Januarv 24. 1984
83-73 DISCRETIONARY ACTION B° THE COUNTY TO CONSIDER MORE
(Con~'d} DETAILED DEVELOPMENT PLANS FOR THE PROPERTY. NOTWITH-
STANDING THE FOREGOING AND IN LIGHT OF THE CURRENT
PROJECT DESCRIPTION AND.ALL AVAILABLE INFORMATION, A
NUMBER OF OVERRRIDING CONSIDERATIONS OF ECONOMIC, SOCIAL
AND OTHER IMPORTANCE ARE FOUND:
A. THE PROPOSED ALTERNATIVE USE WILL PROVIDE POTENTIAL
HOUSING FOR EMPLOYEES OF INDUSTRIAL BUSINESSES IN THE
SOUTH CHICO AREA. SUCH HOUSING WOULD ALSO BE ADVANTA-
GEOUS IN THAT WORKERS WOULD BE CLOSE TO THEIR PLACE OF
EMPLOYMENT, REDUCING CROSS-TOWN TRAFFIC. IN ADDITION
TO ENCOURAGING SHORTER COMMUTES TO EMPLOYMENT CENTERS,
THERE WILL BE A CORRESPONDING REDUCTION IN FUEL CON-
SUMPTION AND AIR POLLUTION.
B. THE PROPOSED ALTERNATIVE USE WILL CREATE SHORT-
TERM BENEFITS OCCURRING DURING THE CONSTRUCTION PHASE
OF THE PROJECT, PROVIDING NEW EMPLOYMENT OPPORTUNITIES
AND OTHERWISE BOOSTING THE LOCAL ECONOMY.
C. THE PROPOSED ALTERNATIVE USE WILL IMPROVE THE QUALITY
OF GROUNDWATER TN THE GENERAL AREA OF THE PROJECT SITE
INASMUCH AS THE DISCONTINUANCE OF FARMING ACTIVITIES ON
THE SITE, PARTICULARLY WHERE EXTRAORDINARY CHEMICAL
TREATMENTS ARE PROPOSED TO REMEDY SEVERE HORTICULTURAL
PROBLEMS, WILL REDUCE THE INTRODUCTION OF ORGANIC AND
NONORGANIC CONTAMINANTS INTO THE GROUNDWATER.
D. THE CONCEPTUAL DEVELOPMENT PLAN WILL PROVIDE A
PLANNED RESIDENTIAL COMMUNITY WHICH PROPOSES A WIDE
VARIETY OF HOUSING BOTH TN PRODUCT STYLE AND PRICE,
OFFERING SHELTER FOR FIRST-TIME HOME BUYERS AS WELL AS
MOVE-UP HOUSING POTENTIAL.
E. BY PROPOSING HOUSING OPPORTUNITIES FOR A DIVERSITY
OF INCOME LEVELS AND LIFESTYLES, THE CONCEPTUAL DEVELOP-
MENT PLAN FURTHERS THE HOUSING GOALS EXPRESSED IN THE
COUNTY GENERAL PLAN.
F. THE PROXIMITY OF THE PROJECT SITE TO MAJOR EXISTING
URBAN INFRASTRUCTURE, SUCH AS ROADS, WATER, GAS ELEC-
TRICAL AND. TELEPHONE, REPRESENTS A CONTIGUOUS URBAN
EXPANSION AS OPPOSED TO A LEAPFROG URBAN DEVELOPMENT.
Page 4Q2
January 24, 1984
January 24, 1984
84-73
(Cont'd) G, THE PROPOSED ALTERNATIVE USE RESULTS IN A REDUCED
NUISANCE POTENTIAL By ESTABLISHING A USE COMPATIBLE WITH
BOTH EXISTING AND FUTURE ANTICIPATED USES IN THE AREA
SURROUNDING THE PROJECT SITE.
H. THE REMOVAL OF THE PROJECT SITE FROM AGRICULTURAL
PRODUCTION WILL HAVE THE POTENTIAL FOR STRENGHTENING
THE INTEGRIT`_' OF REMAINING EXISTING AGRICULTURAL LANDS
AND OPERATIONS. SMALL-SCALE INVESTMENT AGRICULTURE,
SUCH AS THAT UNDERTAHEN AT MIDWAY ORCHARDS, HAS HAD
A GENERALLY NEGATIVE IMPACT UPON PROFESSIONAL/COMMERCIAL
FARMERS. AS A MATTER OF COMMON SENSE, THE OVERABUNDANCE
OF PRODUCERS AND OVERSUPPLY OF PRODUCT IS TN THE LONG-
RUN COUNTERPRODUCTIVE TO THE CONTINUED VIABILITY OF
LARGE-SCALE COMMERCIAL AGRICULTURE IN THE COUNT°.
I. THE CONCEPTUAL DEVELOPMENT PLAN COULD ESTABLISH
RECREATIONAL AMENITIES WHICH ARE PROPOSED TO BE MANAGED
PREDOMINANTLY BY A HOMEOWNERS ASSOCIATION, THEREBY
POSSIBLY REDUCING COUNTY SERVICE COSTS.
J. TRAFFIC CIRCULATION AND SAFETY WILL BE INPROVED
IN THE PROJECT AREA BY, AMONG OTHER THINGS, THE INSTAL-
LATION OF A LEFT-TURN LANE AT THE INTERSECTION OF MARY
BILL RANCH ROAD AND THE MIDWAY.
10. THE VARIOUS ALTERNATIVE TO THE PROJECT IDENTIFIED
AND EVALUATED IN THE FINAL EIR ARE REJECTED IN FAVOR OF
THE PROJECT APPROVED,
A. AS TO THE NO PROJECT ALTERNATIVE, THE SUBJECT PRO-
PERTY HA5 BEEN SHCWN TO BE INFEASIBLE AS AN ALMOND
ORCHARD ON A COMMERCIAL BASIS, AND ITS FEASIBILITY FOR
OTHER FLELD OR ORCHARD CROPS ON:A COMMERCIAL BASIS I5
HIGHLY DOUBTFUL. FURTHER, THE WILLIAMSON ACT AMENDMENT
HAS PROVIDED A ONE-TIME WINDOW FOR THE WITHDRAWAL OF
AGRICULTURAL LANDS FROM LAND CONSERVATION ACT AGREEMENTS
TF CERTAIN CRITERIA HAVE BEEN MET. ALL AVAILABLE EVI-
DENCE DEMONSTRATES THAT MIDWAY ORCHARDS' PETITION FOR
CANCELLATION MEETS THE STATE CRITERIA, AND THE NO
PROJECT ALTERNATIVE WOULD NOT BE CONSISTENT WITH THE FACTS
AS APPLIED TO THE RECENT LEGISLATION. TN ADDITION,
APPROVAL OF THE PROPOSED ALTERNATIVE USE WILL HAVE NO
Page 403
January 24, 1984
January 24, 1984
84-73 PRECEDENTIAL EFFECT SINCE THERE ARE NO OTHER PENDING
(Cont'd) WINDOW PROVISION APPLICATIONS AND ALL SUBSEQUENT CANCEL-
LATION PETITIONS MUST CONFORM TO THE OTHERWISE APPLICABLE
WILLIAMSON ACT CRITERIA.
B. AS TO A LOWER DENSITY ALTERNATIVE, THE PROPOSED
ALTERNATIVE USE IS ALREADY AT THE LEAST POSSIBLE
DENSITY UNDER THE APPLICABLE GENERAL PLAN LAND USE
ELEMENT DESIGNATION. IN ANY EVENT, A LOWER DENSIT`?
WOULD NOT SUBSTANTIALLY REDUCE OR ELIMINATE ANY REMAINING
UNMITIGATED SIGNIFICANT IMPACTS.
C. AS TO A HIGHER DENSITY ALTERNATIVE, GREATER IMPACTS
WOULD LIT{EL`H OCCUR BY DOUBLING, TRIPLING OR QUADRUPLING
THE DENSITY VERSUS THE CONCEPTUAL DEVELOPMENT PLAN OF
1.10 DWELLING UNITS IN A CLUSTER ARRANGEMENT, WHICH
REPRESENTS THE LEAST POSSIBLE DENSITY PURSUANT TQ THE
GENERAL PLAN AND WHICH CONFORMS TO ALL APPLICABLE
POLICIES THEREOF.
D. AS TO A LIGHT INDUSTRIAL ALTERNATIVE, THE ENVIRON-
MENTAL IMPACTS WOULD, EVEN MORE SO THAN THE HIGHER
DENSSTY ALTERNATIVE, LIKEL`? BE SUBSTANTIALL`~ GREATER
ON SURROUNDING PROPERTIES THAN FOR THE PROPOSED ALTER-
NATIVE USE. TN ADDITION, THE FURTHER ENCROACHMENT OF
INDUSTRIAL USES INTO AGRICULTURAL AREAS IS DISFAVORED
ABSENT EXTRAORDINARY CIRCUMSTANCES WHICH ARE NOT PRESENT
IN THIS CASE.
ALSO, APPENDIX 7 RECEIVED TODA`_' FROM THE PLANNING DEPART-
MENT TS INCLUDED AS PART OF THE FINAL DOCUMENT.
S M
VOTE: l Y 2 N 3 Y 4 Y
RECESS: 10:13 A.M.
RECONVENE: 1.0:25 A.M.
5 N (Motion carried)
Public Hearings and Timed Items
$4-74 James and Susan Hoopes - request for variance to X19-10 and/or
(2276) §19-12 of the Butte County Code for placement of a mobile home
on AP 72-14-041, 4873 Foothill. Boulevard, Orovi.lle area; zoning:
A-5
Page 404 January 24, 1984
January 24, 1984
$4-74
(Cont'd} MOTION: APPROVE VARIANCE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 `T (Unanimously carried)
84-75 County Service Area No. 91 - WACO Development (street lighting)
(2328) the Butte County Local Agency Formation Commission has approved
the formation of a street lighting district in the Lindo West
Subdivision which was initiated by a petition from the two Chico
Supervisors. (BECAUSE OF BOUNDARIES INVOLVED, MR. TURPIN OF
LAFCo RECOMMENDED THAT INSTEAD OF FORMING A NEW COUNT`' SERVICE
AREA, THAT COUNTY SERVICE AREA 80 BE EXTENDED TO INCLUDE STREET
LIGHTING.)
MOTION: ADOPT RESOLUTION 84-12 APPROVING, SUBJECT TO CONCURRENCE
OF LAFCo, THE EXTENSION OF POWERS TO INCLUDE STREET
LIGHTING TO COUNTY SERVICE AREA 80.
M S
VOTE: 1 V 2 ~' 3 v 4 Y 5 Y (Unanimously carried)
84-76 Board of Supervisors intention to convey property to the Paradise
{2448) Recreation and Park District which has been on loan to the Gold
Nugget Museum in Paradise since February 1980.
MOTION: APPROVE TRANSFER OF PROPERTY TO PARADISE RECREATION
AND PARK DISTRICT.
S M
VOTE: l Y 2 Y 3 ~~' 4 Y 5 Y (Unanimously carried)
84-77 Clarification of conditions - Oakvale Terrace Subdivision (North-
west Pacific Resources, Inc.), AP 34-37-113, 72 lots, property
located on the west side o£ Oakvale Avenue, south of Hilldale
Avenue, Oroville area. (From 1/10/84) (CONTINUED OPEN TO
FEBRUARv 7, 1984, AT 10:45 A.M.)
Page 405
January 24, 1984
January 24, 1984
Regular Agenda
84-7$
(25.'1.1) Presentation by Mrs. Nora Wiley on the landscaping plans for the
Gridley Branch Library.
MOTION: APPROVE LANDSCAPING PLANS AND ACCEPT DONATION OF
$1500 FROM FRIENDS OF THE LIBRARY FOR THIS PROJECT.
S M
VOTE: l Y 2 Y 3 Y 4 :, 5° (Unanimously carried)
84-79 Board committee report on Association of Cities request to have
(2780) City members on the County Planning Commission. (Supervisors
*,~ Saraceni and Wheeler)
00
MOTION: ADOPT COMMITTEE'S PROPOSAL AS BOARD POLICY.
M
VOTE : 1 2 3 4 5
(MOTION RESCINDED. REFERRED TO LAND DEVELOPMENT PROCESS COMMIS-
SION AND SUPERVISORS WHEELER AND SARACENI. CONTINUED TO
FEBRUARY 28, 1984.)
84--80 Report on negotiations with Cohasset Community Association
(530) concerning installation of drainpipe in ditch in front of Cohasset
School. (Supervisor Wheeler)
MOTION: APPROPRIATE $500 TO PURCHASE PIPE, WHICH THE COUNTj_'
WILL INSTALL, SUBJECT TO A COMMITMENT FROM COHASSET
P.T.A. TO RAISE PART OF THE FUNDS.
M 5
VOTE: l Y 2 Y 3 Y 4 5 Y (Unanimously carried)
Page 406
January 24, 1984
January 24, 1984
Public Hearings and Timed Items
$4-81: Recognition of persons wishing to speak:
(770)
1. Lloyd Heidinger - regarding the community sentiment in the
City of Chico and the quality of life in Butte County.
2. Frank Brazzell - regarding city representatives sitting
in advisory capacity to Planning Commission.
3. Kelly Meagher - regarding the Board's handling of land use
issues.
Regular Agenda
84-82 Extension of Management, Confidential and Supervisory (MCS)
(1242) Unit MOU benefits to department heads, specifically vacation
schedule, sick leave buy-back option, and professional
development. (From 1/10/84)
MOTION: PA's FOR COST OF PROFESSIONAL LICENSES OR REGISTRATION
FEES.
M S
VOTE: 1 Y 2 Y 3 ~ 4 ~' 5° ([7nanimously carried)
MOTION: EXTEND THE BENEFITS THAT WE HAD IN THE MOU FOR THE
MANAGEMENT, CONFIDENTIAL AND SUPERVISORTAL UNIT TO
OUR DEPARTMENT HEADS.
M S
VOTE: 1 N 2 v 3° 4 Y 5 Y (Motion carried)
84-$3 Report from Chief Administrative Officer on legislative/regulatory
(1909) services agreement with Jones, Wagerman and Associates.
Page 407
January 24, 1984
January 24, 1984
84-8 a. MOTION: AUTHORIZE CHAIRMAN TO SIGN AGREEMENT; TRANSFER $28,000
{Cont'd) TO FINANCE FOR THE BALANCE OF THIS CALENDAR YEAR;
DIRECT SERVICES BE UNDER THE SUPERVISION OF THE CHIEF
ADMINISTRATIVE OFFICER.
S M
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion carried)
84-84 Closed hearing - Thomas R. Vickers - appeal of a denied variance
(item determined to be categorically exempt from environmental
review) to side yard setback to allow a carport one foot from
the property line on property zoned A-2 (general) located on the
east side of Arbutus Avenue, approximately 150 feet north of 7th
Avenue, identified as AP 45-042-13, Chico. (From 1/17/84)
(CONTTNUED TO JANUARY 31, 1984)
84-85 Personnel Rules amendments - several modifications are proposed
to the Personnel Rules which will correct language in the Rules
regarding reinstatement rights. (CONTINUED FROM EARLIER IN THE DAY)
MOTION; ADOPT RESOLUTION 84-13 AND AUTHORIZE CHAIRMAN TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously carried)
Regular Agenda
84-86 Employee relations consultant agreement - an agreement has been
(2683) prepared with Keil and Avery for continuation of labor relations
consultant services in the amount of $1,100 per month covering
the period February 1, 1984, through January 31, 1986.
MOTION: APPROVE AGREEMENT.
S M
VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion carried)
Page 408
January 24, 1984
January 24, 1984
84-87 Policy statement regarding urban limits in Chico, (Supervisor
(2912) Wheeler)
MOTION: I WOULD MOVE THAT THE POLICY OF THIS BOARD BE THAT
PETITIONS FOR CHANGES TO WESTERLY URBAN LIMIT OF THE
CHICO URBAN AREA KNOWN AS THE GREENLINE BE LIMITED
TO PRIVATE APPLICATIONS ONLY AND NOT INITIATED BY THE
BOARD OF SUPERVISORS OR THE PLANNING COMMISSION.
S M
VOTE: 1 2 3 4 5
(MOTION TABLED. CONTINUED TO JANUARY 31, 1984)
CLOSED SESSION: The Board recessed at 12:17 p.m. for a closed
session.
RECONVENE: The Board reconvened at 1:25 p.m. following a
closed session on litigation. (SEE FOLLOWING MINUTE
ORDER.)
84-88 MOTION: RETAIN THE LAW FIRM OF KOPP AND DeFRANCO IN SUBSTITUTION
(191} OF MR. BLACKSTOCK TO FURTHER PURSUE THE LITIGATION WITH
MR. BROWN, AT THE SAME RATE.
M 5
VOTE: 1 Y 2 N 3 Y 4 Y 5 N (Motion carried)
84-89 Additional items from Board members:
1. Discussion of Ag Nuisance Statement - Supervisor Dolan
(TO BE LISTED ON NEXT WEEK'S AGENDA}
2. Request for a resolution in memory of Mrs. Benoit.
MOTION: ADOPT RESOLUTION 84-I4 IN MEMORY OF MRS. FRANCES BENOIT.
M S
VOTE: l Y 2 Y 3 y 4 Y 5 Y (Unanimously carried)
Page 409
January 24, 1984
January 24, 1984
ADJOURNMENT: There being nothing further before the Board at
this time the meeting was adjourned.
Chairman, Board of Supervisors
ATTEST:
MARTIN J. NICHOLS
Chief Administrative Officer and
Clerld of the Bird
By:
Page 410
January 24, 1984