HomeMy WebLinkAboutM022476r
February 24, 1976
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to ad~oumment.
Present: Supervisors Ladd, Madigan, McKillop, and Acting Chairman Richter.
Glif Nickelson, Administrative Officer; Dan Blackstock, County Counsel, and
Clark A. Nelson, County Clerk by Margie Catt, Board of Supervisors Clerk,
Absents Chairman Cameron.
Pledge of allegiance to the Flag of the United States of America,
76-245 APPROVAL OF M}NUTFS
On motion o upervisor McKi I lop, seconded by Supervisor Madigan and
carried, the minufes of February 10, 1976 were opproved as mailed.
76-246 COMMUNICATIONS
Petitions or forrnation of the Butte County Resource Conservation District.
/ Q 0. S'J, D Twe Ive petitions with multiple signatures have been received ca}ling
for the formation of the Butte County Resource Conservation Djstriet.
To be placed in f:le for the present.
Willard W. Connor, Stirling City. Mr. Connor writes regarding the problem of ".Visual
~ Osul Pollution" of campaign posters placed on pub}ic property.
Information.
Butte Central Railway. The Organization writes concerning their effor#s in
s G ~ , p V attempting to secure a lease from Southern Pacific to operate an
excursion service on the Stiriing City branch line.
Information.
Kirstin Moncauskas, Paradise. Ms, Moncauskas writes in support of rezoning
! 3. DO. O application of James R, and Pauline L. Stillson, 6594 Firland Drive,
Paradise. To be set for public hearing when Planning Director is present.
Roy E. Smith, Paradise. Mr. Smith writes in support of the Stillson's application
~ / 3,_ O d. ( for rezoning in Paradise. To be set for public hearing when Planning
Director is present.
Wayne J. Paul, Chico. Mr. Paul asks that his two parcels of land on Highway 32
~ 3 ~p4. 1• being considered for rezoning be deleted, To be wnsidered later in
the meeting.
Ned E, Settimi, D.D,S,, Visafio, Dr, Settimi writes regarding land divisions
~ 3 , ~ O.S of Forest load and asks that future parcel sizes be restricted in the Doe
Mill Ridge area to 20 ar more acres. Information.
Mr. and Mrs. Glenn C. Keith, Oroville. The Keith's appeal the Punning
Commission's decision in denying their application for rezoning for property
!' ,3, O 0 ~ ~ located on the north side of Olive Highway, approximately one-half mile east
of Foothill Blvd., Oroville, Discussed. County Counsel will get together
with Punning Director and will report back io the Board.
Page 125.
February 24, 1976
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Friends of Butte County. A petition with 18 signatures is filed appealing the Planning
t /~j. ~~'Y Commission's approval of an EIR on the Bertram, et ai n:zone. Set for hearing
on March 23, 1976 at 2:00 p.m.
R. N, Donnelly, D.V.M. and Harold W. Peterson, Chico. The gentlemen appeal
~ the Planning Commission's decision in denying the petition of Vern M. Bartrom,
1 r .3 ado . 5 et al in Chico. Set for hearing on March 23, 1975 at 2:00 p.m.
Edgar C. Norwood, Bangor. Mr. Norwood files petition for variance to provision of
2~ section 19-IO and/or 19-12 of the Butte County Code for the placement of a
/ ~ 3 , b mobile home on Bangor Park Cutoff Road. Set for hearing on March 9, 1976
at 2:00 p.m.
Tom Mitchell, Chico. ~a1r. Mitchell writes with regard to interpretation of the
Subdivision ordinance regarding procedures and time for checking and recording
of parcel maps and legality of conditional sales agreement. Discussed; Born~d.
County Counsel will study the matter and .answer the letter; he will report back to the /
County Auditor. The Auditor forwards the audit of the district attorney's special
/ ~ „~ p 0 fund for the periods ending June 30, 1974 and June 30, 1975. To be placed
in the file.
Tillman Daley, Paradise. A petition con#aining 20 signatures is received asking
that proceedin®s be commenced to provide for a seporote Board of Directors
~ '~ ~'O U for the Lime Saddle Community Service Cf.strict. County Counsel wiFl bring back
proper proceedings later in the day or next week for action by the Board.
focal Agency Formation Commission. LAFCO forwards its Resolution 7tS-3 approving
7 3 0 . s- ~ the establishment of (county Service Area No. 56. See motion foliowirq
communications.
Local Agency Formation Commission. LAFCO forwards its Resolution NO. 76-5
') ]~,. p ~ ~v approving annexation of territory to County Servjce A rea No. 40,
See motion following communications.
Northern California County Supervisors Association. The association forwards its
resolution D-I-76 concerning the investigation and reviewing bf timber access
f O 0 • ~ 0 road costs in connection with 17.5. Forest 56 rvuice timber sclei, and asks that
a report be prepared showing receipts from Federal Forest Service sales for the
past three years. Refer to Administrative Officer.
State Department of~Transportation. The Department sends notification that its
7 o rJ ~ d resolution authorising relinquishment of facilities on Route 70, 149 and
~~ Pentz Road Overcrossing has been recorded in the county Recorder s
Office. Information only.
State Department of Transportation. The Department sends notification that the
Caiifo_rnia iiighway_ Commission •reso~lutian authorizing 66andonment of superseded
~~ 5~. Od' ~ right of way at Cottonwood Creek and east of Clear CreekTeas-been recorded
in the County Recorder's Office. Information only.
State Office of Emergency Services. The Department sends notification that Butte
~ County has been added to the list of 13 others which fhe Governor has designated
.,i
/ o p , ~ as a disaster area. in order to provide programs to help. Information
only.
Assemblyman .Eugene A. Chappie. Assemblyman Chapple writes concerning status of
f 6 0 . ~ Z , ( AB I5. Information only.
Assemblyman Dixon Arnett. Assemblyman Arnett writes concerning the Board's
I o C . ~ 2.Z opposition to AB 15, information only.
Poge IZG.
February 24, 1976
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Senator Jerry Smith. Senator Smith sends notification as to the status of
~ o o. LZ. 3 SB 1244. Information only.
A. ,bhn Merlo. Mr. Marto requests a continuance of his rezoning hearing
/ / 3.0 o that is scheduled for today at 1:30 p.m. To be continued to March 9,
1476 at 1:30 p.m.
J. Mitchell Murphy. Petition for formation of the Butte Cou my Resource
/CD.S J' ~ Conservation District. To be placed in file.
Willard W. Shinners, Chairman-Upper Ridge Council. Request for improvement
y! SFZ, 0 0 of the grovel section of upper Coutolene Road ending at Lovelock. Discussed
and referred to Clay Castleberry for answering.
~ ~ 3.on Carl B. Waters. He writes in oppo9.tion to the rezoning of the Merlo properi.
To be held until hearing.
Bob Nicholson, Director of Economic Development Commission. Need for a letter
-~ to EDA requesting designation os a Publie Works Impact Area for the
~ , d o and d scuspsed CaSee motion following commu ications ect. 1V~'mo ready
Bob Koch. Request for Board consideration of a waiver regarding o drpinage
deposit on his property at 996 E. 16th Street, Chico. Read and discussed.
yc d f.o ~ Pu61ic Works Director rewmmends that the deposit be required. Supervisor
Madigan and Acting Chairman Richter also agreed that the deposit
should be required. Request for waiving of the deposit not approved at
this time.
76-247 ADOPT RESOLUTIONS Ab. 76 27 and 7b-28 SETTING FOR HEARING
THE ESTAB'kr~HMENT OF COUNTY SERVICE AREA NO. 56 AND FOR ANNEXATIO N
OF TERRITORY TO COUNTY SERVICE.AREA NO. 40.
On mot on o pervisor McKi op, seco a Supervisor Ladd and
carried, the following resolutions were adopted and the Chairman authorized
to sign:
Resolution 75-27seffing for hearing the,estr~f€shrnenfi of County
Service area no. 5b, setting hearing for March 30,197b at f0:30 a.m.
Resolution 76-28 setting for hearing approval of annexation of territory
to County Service Area No. 40, setting hearing for March 30, 1976 at 10;30 a.m.
76-246 CHAIRMAN AUTHORIZED TO SIGN LETTER ASKf~I~IG THAT BUTTE COUNTY
BE DESIGNATED AS A PUBLIC WORKS IMPACT AREA: RE GRIDLEY DOWNTOWN
IMPROVEMENT PROJECT
On motion o Supervisor Ladd, seconded by Supervisor McKillop and
carried, the Chairman was authorized to sign a letter asking that Butte County
be designated as a Public Works Impact Area, as requested by EDA for a downtown
improvement project for Gridley.
76-244 APPROVE RIGHT OF WAY CERTIFICATION ~2, CLARK ROAD, FAU PROJECT
NO. M-Y746(I): ADOPT RESOLUTION 7b-29 AUTHORIZING CHAIRMAN TO
EXECUTE RIGHT OF WAY CERTIFICATION NO. 2
n mot on o pervrsor i op, seco y Supervisor Madigan
and carried, right of way certification ~2 for Clark Road, FAU Project No. M-Y746(1)
was approved, Resolution 76-29 authorizing Chairman to execute right of way certification
No. 2 was adopted and the Chairman was authorized to sign.
Page 127.
February 24, 1976
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7b-250 APPROVE PERSONNEL POLICY MANUAL: AGREEMENT WITH FIRST UNITED METHODIST
CHURCH OF OROVILLE AND CONTRACT WITH AUDREY DOWNES: COMMUNITY ACTION
AGENCY
On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried,
the following action was taken:
I. Approved revised Personnel Poiicy Manual for the Butts County Economic
Opportunity Council and Butte County Head Start.
2. Approved agreement with First United Methodist Church of Oroville and
authorized the Chairman to sign.
3. Approved contract with Audrey Downes and authorized the Chairman to sign.
76-251 APPROVED AUDIT AGREEMENT WITH MATSON & ISOM ACCOUNTANCY CORP.
FOR COMMUNITY ACTION AGENCY
On motion o Supervisor igan, seconded by Supervisor McKillop and
carried, the contract with Matson Z3s Som Accountancy Corporation For
auditing and financial counseling services to a CSA grantee was approved and the
Chairman authorized to sign.
76-251 APPROVE APPOINTMENT TO ADMINISTERING BOARD: COMMUNITY ACTION AGENCY
n mot on o Svperv sot op, Saco y pervisor igan an
carried, Mr. Bob Crisan was appointed to the administering Board, Community Action
Agency, as a voting member in the Public Sector to replace Ralph Berryman who has
res'sgned, and Bob Robinson was appointed os alternative For Mr. Crisan.
76-252 APPROVE MILEAGE REIMBURSEMENT: ADMINISTERING BOARD, CAA
On motion o Supervisor K op, seeon a Supervisor igan and
carried, mileage increase to I5c per mile was approved for the Head Start and
EOC employees.
76-253 CETA TITLE i MODIFICATION blfl; APPROVE GRANT MODIFICATION
~s ~ ~cat~on as en reviewe # npower ann:ng ouncil. It
increases fundir~q for CETA Title I program activity by $249,126. This additional
Funding is to estend programs from July I, (976 until September 30, 197b to coincide
with the U.S. Department ofLabor's fiscal year. The Title I program will continue
to operate Adult Work Experience, Youth Wank Experience, On-the-Job Training and
Summer Youth activities.
On motion of Supervisor Ladd, seconded by Supervisor Madigan and carried,
the grant modification and fifth quarter funding was approved and the Manpower Director
was authorized to sign.
76-254 APPROVE LEAVE OF ABSENCE
On motion o perv sot Ilop, seconded by Supervisor Madigan and
carried, anon-compensated medical leave of absence was approved for Marie
Gardner, commencing March 13, 1976 fora 40ci,day period of time.
76-255 WAIVE FIRST READING OF SALARY ORDINANCE AMENDMENT
im Rac er , ersanne irector, state t at a sa ary o finance amendment has
been prepared adding positions to the Juvenile Hall staFF and reclassifying various other ~
positions. Other items in the arTirEndinertk~raltrtes to the Cohasset resident and asteno-clerk
February 24, 1976
Page 128.
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at Public Works Department. Reclassifications discussed.
On motion of Supervisor Madigan, seconded by Supervisor McKillop
and carried, the first reading of the salary ordinance amerdment was waived.
7b-256 ANNUAL SAFETY REPORT
e utte ounty ety Committee submits the annual report required
by Resolution 74-159. This is for information only.
76-257 CONFIRM PERSONNEL APPEALS COMMISSION RECOMMENDATION
e Personne pea s Commission con ucte a earrng o t isc urge
appeal of Jack Lancaster, Sheriff's Department employee. The Commission
recommends the discharge action be rescinded and the employee receive full
pay and benefits retroactive to January 27, 1976.
On motion of Supervisor Madigan, seconded by Supervisor McKiilop and
carcied, the Board confirmed the Personnel Appeals Commission's recommendation
and authorized the Auditor to make the back pay and benefit adjustments.
76-258 APPROVE CLAIM FOR PAYMENT: CONNERLY & ASSOCIATES
On motion of Supervisor Kt op, seconde y Supervisor Madigan and
carried, the claim for pcryment to Connerly & Associates wos approved in the
amount of $3,000 pursuant to ten~ns of the agreement with Connerly & Associates
to submit the housing and Community Development~~application.
76-259 AWARDED BIDr ABANDONED VEHICLE ABATEMENT PROGRAM
Bids were receive fnr t e new ondoned ve is e a atement contract
with the low bidder being One-Stop Auto Wreckers of Oroville, at no cost to
the County.
On rmtion of Supervisor Ladd, seconded by Supervisor McKlllap and
carried, the Board awarcled the abandoned vehicle abatement contract bid to
One-Stop Auto Wreckers of Oroville.
76-2b0 DECLARE FLOORING &PEDESTALS SURPLUS PROPERTY 8~ AUTHORIZE
DISPOSAL BY PURCHASING OFFICER
Data cessing is requesting t at approximately 625 square feet of
18'kf$"raised type aluminum flooring, together with adjustable height metal
pedestals for use with the flooring be declared surplus. Flooring and pedestals were
previously used in Data Processing in the Administration Building.
On motion of Supervisor Ladd, seconded by Supervisor McKillop and
carried, flooring and pedestals were declared surplus property and the Purchasing
Officer was authorized to dispose of the same.
75-261 APPROVE MEMBERShIP TO SUPERIOR CALIFORNIA WATER ASSOCIATION
On mot ono perv sor gon, seoo y pemsor r op
and carried, membership to Superior California Woter Association was approved
and a transfer be prepared'the amount of 1;150 was authorized.
76-262 DISCUSSIir?1~i: 1974-75 AUDIT REPORT
C i is a son, mrnistrative O rcer, reported that Departmental
responses to the 1974-75 Audit ~ Ike been prepared and copies sent to
February 24, 1976
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Board members. Audit discussed. Suggested that a follow-up report be made to
determine that the il+ems have been handled as wggested by the Audit.
No action taken at this time.
7b 263 BUDGET TRANSFERS APPROVED
On motion o Supervisor Killop, seconded by Supervisor Madigan and
carried, the following budget trarufers were approved;
B-102 Memorial Halls. Transfers $900 from uCilities to hou6ehoid
expense in order to provide for increases in sanitation charges, paper
goods and other supplies for the remainder of the current fiscal year.
B-103 Public Guardian. Transfers $81 from out of county travel Co
general insurance in order to cover the cost of the Public Guardian's
bond which was not covered for its full amount when the final budget was
approved.
B-104 Manpawer Administration. The purpose of this transfer is to
provide a supplemenCal increase in the administration account for CETA
programs which will allow sufficient funding to administer CETA programs
until the end of the fiscal year. This will increase extra help, $3,000;
health insurance, $2,500; communications, $2,000; compensation insurance,
$700; and office expense, $3,000--with funding coming from unanticipated
- `- revenue federal aid. The increased funding is made available by Modification
" •~ •609 CETA Title I which was previously approved by your Board for $149,595.
B-105 Department of ftealth Services - County Medical Services.
Transfers $7,135.65 from the Reserve to support and care o£ persons in order
to provide an appropriation to cover claims for medical services provided
to illegal aliens and transients, approved by your Board February 3, 1976
(minute order 76-1921. "
B-106 Central Services - Duplicating, Transfers $2,000 from rents
and leases o€ equipment maintenance and $1,00p to office expense. Central
duplicating has leased ell the equipment to date; however, certain accessories
and. supplies are necessary for them operation of this equipment.
~B-108 Recorder. Transfers $53.94 from office expense to equipment in
order to pay for the microfilm viewer approved in the current year's budget.
This is the difference between the price quoted at budget time and the actual
cost of the equipment when it was ordered.
B-109 S3istritt Attorney - Family 5ucnorC Division. This transfer
• increases the appropriation for the District Attorney's Family Support
Division to cover additional staffing approved by-the Board on February 3, 1976
and for the esCablishment o£ a $L,DDO revolving fund, and also to record
752 federal funding for the additional staff cast. The transfer increases
extra help, $11,108; compensation insurance, $345; and special departmental
expense (revolving fund), $1,000 with funding a€ $8,681 coming from
Unanticipated Revenue - Federal Aid -;.Aistritt;Attorney Ch1id Support and
$3,844 from tyhe reserve. "
Page r30.
February 24, 1976
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76 - 264 DISCUSSION OF REFUSE DISPOSAL FEES
C ay Caste rry, Director of Pu is Works, reported an the refuse disposal
fees as requested by the Board. Following set out and discussed:
Total Budget $440,000 (for 1976-77)
Transfer stations 2~,~
Disposal costs 240,E
Private fees 40,000
Mr. Castleberry suggests a 40-50°lo fee increase or raise to $5 or $6 per load.
Costs to handle the transfer stations set out and discussed. Transfer stations
charge $I.00 per pickup load.
Mr. Castleberry stated he had written a letter to Tom McCampbell, attorney
for the commercial haulers, requesting that he send him all the inFormation he had far
his clients.
Fee policy discussed. Costs and fees discussed.
Matter put over to Tuesday, March 2, 1976 so that the commercial haulers and
their representatives could be present.
RECESS; 10:00
RECONVENED: 10:15
R~76-265 ADOPT RESOLUTION 7b~30 AUTHORIZING CONSOLIDATION WITH JUNE 8
PRIMARY-BUTTE COMMUNITY COLLEGE TRUSTEES 8 80ND ELECTION & GRIDLEY
UNION SCHOOL DISTRICT GOVERNINGBDARD
~ On motion o Supervisor McKi op, seco a by Supervisor Ladd and carried,
/ dq'a Resolution 76-30 consolidating the increase of butte Community College Trustees
from Five to seven; Butte Community College District bond election; and election of
members ro the Gridley Union School District Governing Board was adopted and
the Chairman authorized to sign.
g 76-266 AUTHORIZE RELIEF fROM ACCOUNTABILITY: GRIDLEY JUSTICE COURT
On motion of Supervisor Ladd, secon ed y Supervisor igan an carried,
~ ~ f,p d Gridley Justice Court avas authorized discharge~of accountability for warrants
total I i ng $2, 822. ~ ~-
76-267 ADOPT RESOLUTION 76-31 ESTABLISHING A REVOLVING FUND IN THE
OFFICE OF THE DISTRICT ATTORNEY
On mot an o Supervisor Lad ,seconded by Supervisor Madigan and
carried, Resolution 7b- 31 establishing a revolving fund in the OfFice of the
District Attorney was adopted and the Chairman authorized to sign.
76-268 REPORT ON CLAIM FOR REFUND ON ERRONEOUSLY COLLECTED PROPERTY
TAXES: MARVIN A. CR1TE5: PUT OVER ONE WEEK
Report on c aim for refund on erroneous y co lected property taxes for
fiscal years 1971-72 through 1974-75 for Marvin A. Grites, put over one week
at the request of County Counsel .
Page 13I.
February 24, 1976
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76-269 APPROVE SOCIAL SERVICE PLAN: WELFARE
On motion of Supervisor L , aecon ed by Supervisor Madigan and carried,
Social Service plan for FY 1976-77 was approved.
76-270 PLANS FOR FEATHER RIVER OPPORTUNITY CENTER WATER LINE: EXPENDITURE OF $75 O
OF FEATHER RIVER OPPORTUNITY CENTER FUND: AND APPROVAL OF FINAL MAP,
SYCAMORE CREEK UNIT +f2
On motion o Supervisor McKi Ilop, seconded by Supervisor Madigan and
carried, the following action was taken:
I. Approved pions for Feather River Opportunity Center water line, and
authorized going to bid with opening set at II:00 a.m. on Wednesday, March 17,
(976 in the office of the Director of Public Works.
2. Authored expenditure of $75 of Feather River Opportunity Center fund to
compensate Southern Pacific Railroad Company for the preparation and execution of
agreement for water line to transverse SPRR right of way.
3. Approved final map of Sycamore Creek Unit ~2 subdivision , accepted
offers of dedication and authorized Chairman to sign agreement.
76-271 APPROVED AGREEMENTS FOR SALE, RIGHT OF WAY ACQU151TION5-CLARK ROAD
On motion of Supervisor McKiilop, seconded by Supervisor Madigan arxJ
carried, the following agreements for sale for right of way acquisition were approved,
Chairman authorized to sign and the Auditor was authorized to issue warrant upon
demand of County's escrow agents
Prefect
Clark Rd.
X57452-74-I Name
Alfre Ems. French
Josef & Angelina Erwle Acres
6.~Tb
0.033 Price
~y
$1,437 Im r.
~
-0- Total
$~7
$1,437
" Jim & Margaret Tbamas 0.046 $2,000 -0- $2,000
" Jim D. Thomas 0.331 $4,138 -0- $4,138
76-272 STIRLING CITY SEWER DISTRICT CLEAN WATER GRANT LISTS 76-77:
PUBLIC WORKS DIRECTOR AUTHORIZED TO INVESTIGATE ~ REPORT BACK TO BOARD
Clay Castleberry, Director of Public Works, reported on fhe S#irling City Sewer.
District clean water Brant lists J976-77. It appears that a $150,000 clean water grant
is possible for replacement of main sewer lines for the Stirling City Sewer District.
Mr. Castleberry asked if the Board would like him to pursue the possibility of
preparing the grants on a oontingency basis. Grants and preparation discussed.
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
carried, Director of Public Works was authorized to pursue the possibility of having
a clean water grant prepared for the Stirling City Sewer District, on a contingency
basis, and requested to reporF back to the Board on said investigation.
76-273 DISCUSSION: WELL CONSTRUCTION STANDARDS: HOWARD TOU55AINT
INSTRUCTED TO PROCEED ON THIRD ALTERNATIVE
wa Toussaint, County San tartan, reported on well wnstruction
standards. A memo had been sent to the Board members concemil-g this matter
and the action that should be taken. He stated he had received a letter From the
Water Quatity Control Board and they state that the County does need standards.
Poge 132.
February 24, 1976
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______________ EeJ~cuar~2EG~L9Zk~= __~_~._~________
If the Department of Water Resources and the Water Quality Gontrol Boanl advises
that standards are needed in the County and the County does not adopt them,
then the Water Quality Control Board can adopt the standards for the County and
the County must abide by them.
. Mr. Toussaint offered alternatives for the Board's consideration. Direction
that the Board would like him to take requested by Mr. Toussaint. Wells in the
Chico area discussed. A simplified ordinance will be prepared by Mr. Toussaint
and copies will be forwarded to the Board members for their consideration.
On motion of Supervisor McKlllop, seconded by Supervisor Ladd and
carried, Mr. Toussaint was instructed to proceed with the preparation of an
ordinance,knsed on the third alternative suggested by him and instructed to
bring back the proposed ordinance for the Board to consider.
76-274
carried, Robert Blade, Oroville, and Supervisor Madigan were re-appointed to
the Butte County Law Library Board of Trustees. Supervisor Madigan abstained from
voting.
76-275 APPROVE APPOINTMENT OF SUPERVISOR MADIGAN AS MEMBER OF
i:OC HUMAN RIGHTS COMMITTEE
On motion o uperv sor L ,seconded by Supervisor McKlllop and
carried, Supervisor Madigan was appointed a member of the EOC Human Rights
AfFinmtive Action Committee. Supervisor Madigan abstained from voting.
76-276 DISCUSSION: WILD ANEMAL ORDINANCE: WANE FIRST READING OF ORDINANCE
Dan B ac ,County Course , reporte on t propos wi anima
ordinance. This ordinance is a modified version of the Sacramento County ordinance.
Proposed ordinance discussed. Definition of a wild animal set out. It was requested
that coyotes be deleted from this ordinance. Camels and certain type monkeys, also,
deleted from the ordinance.
On motion of Supervisor Madigan, seconded by Supervisor McKillop, and
carried, the first reading of the wild animal ordinance wss waived, with the deletions.
76-277 HOUSING & COMMUNITY DEVELOPMENT: PUBLIC HEARING; REPROGRAMMING
OF $7b,000 HOUSING & URBAN DEVELOPMENT GRANT: CITIZEN PARTICIPATION
PLAN: APPOINTMENTS TO COMMUNITY DEVELOPMENT ADVISORY COMMITTE:
CONTRACT WITH CONNERLY & ASSOCIATES INC.
cot Ta y, A m n strative a yst,stat tat this is the second public
hearing on reprogramming of $76,000 Housing and Urban Development.Grant.
Background of the hearing set out and discussed.
Hearing opened to the public. Appearing:
1. Mayor Robert Winston, Oroville, protesting the expenditure of public
funds for this agreement. He felt that the property owners should take care of these
matters and improvements themselves.
2. Guy Hart, Oroville, also protested the action that the Hoard contemplates
taking. He stated that he resents the County giving grants to people to improve
their property. Page 133.
Febn,ary 24, 1976
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Hearing closed to the public and confined to the Board.
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
carried, the reprogramming of the $76,000 blousing and Urban Development Grant
was approved.
Citizen Participation Plan explained by Mr, Tandy. All citizens will have
sufficient access to provide their comments and direction.
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
carried, the Board adopted the Citf yen Participation Plan.
Appointments to Community Development Advisory Committee discussed.
On motion of Supervisor Mc~liop, seconded by Supervisor Madigan and
carried, Steve Fritter, Citrus Avenue, Chico and John Stutz, Chico, were appointed
to the Community i)evelapment Advisory Committse, as recommended by Acting
Chainnon Richter and the resignatiorsof Mr. Spangler and Mr. Gardner were accepted.
Contract for professional services with Connerly $ Associates, Inc. to conduct
a wmmunity development project in south Oroville has been prepared and approved
by the Auditor and County Counsel, in an amount not to exceed #10,100. Mr. Tandy
recommended that the Board hold off on approval of the contract until next Tuesday
to give the m a chance to iron out the problems.
Contract put over to Tuesday, March 2, 1976.
76-278 PUBLIC HEARING; PETITION FOR VARIANCE TO PLACE MOBILE HOME ON
PROPERTY (GRACE NICHOL5)
i'Tie-`p'u6Tic wing on fTie petition for variance to place mobile home on
property on 7246 Hewitt, Palermo, by Grace Nichols, was held as advertised.
hearing opened to the public. Appearing: no one.
Hearing closed to the public and confined to the Board. Howarc[ Toussaint,
County Sanitarian, reported that this is a variance from County Code Section 19-10 and
19-12 to permit a mobile home property zoned A-2. Ha recommended approval of
the petition.
On motion of Supervisor MclGllop, seconded by Supervisor i.add and
carried, the petition of Grace Nichols for variance to place a mobile home on
property located at 7246 Hewitt, Palenta was approved for a period of one year.
76-279 APPEARANCE; FRED HIGNEI.L-APPEAL ON EIR FOR GOLAY $ ANDERSON PROPERTY
HEARING TO MARCH 2 1976 INSTEAD OF MARCH9, 1976
. F Higne ,representing Go ay erson, on their appeal of the
required EIR, stated that the appeal was set for March 9, 1976. His clients would
like to have it heard on March 2nd. Background of the appeal set out and discussed.
It is his feeling that an EIR is not needed,
Hearing reset to March 2, (476 at 10:30 o.m.
Page 134.
February 24, 1976
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SOLID
76-280 APPEARANCEe TOM MC CAMPBELL, ATTORNEY, REPRESENTING/4VASTE COLLECTORS
Tom McCampbell, attorney at law-Chive, representing the four solid waste
collectors, apologized for not being present when the refuse disposal fees were
discussed earlier in this meeting. He was told that this matter has been put over to
Tuesday, March 2, 1476 at 10:30 for further discussion.
Mr. McCampbell presented the Board members a letter setting out facts about
y(y~ ~ b 0 this%'mratter. An on-site survey had been made at the disposal sites and during that
time, the trucks made about 150 Lauls out to the site par day. They have filed an
application for a transfer and recycling station in Chico.
Situation discussed. To be further discussed next week.
7b-281 APPEARANCE: LOYD TIMMINS, ESPLANADE, CHICO: REQUEST FOR WAIVER
OF DRAINAGE DEPOSIT
. Loy imm ns, 225 Esplanade, Chico, s#ated that they have a small auto
repair business and they have applied to put in a Butter Building on this site. They
have been told that they must put up a drainage deposit. Request for waiver of this
deposit set out and discussed.. Mr. Timmons suggested that maybe he wuld deposit
this money in a bank, be allowed to receive the interest, but have an agreement that
withdrawal would have to be by the County.
Mr. Castleberry explained the formula the County has been following in the
past. He requested that the requirement of the deposit be fulfilled. No action taken
on the request,
76-282 APPEARANCE: GERALD SANDERS, 367 CANYON HIGHLANDS DRIVE, OROVILLEa
BUILDING PERMIT
era nders, 367 Canyon Highlands Drive, Oroville, set out his problem
concerning a building permit to repair his fireplace that was damaged during the recent
earthquake. tle set out what he had planned to do to repair this fireplace, but building
department will not allow this to be done in the manner he had planned.
Mr. Gostleberry stated that the fireplace had not been built properly and
explained what•might happen if Mr. Sanders was allowed to do the repairs as he had
planned. He suggested that the matte r be referred to the Building Code Appeals Board and
allow them to study the matter and make their recommendation.
Request of Mr. Sanders discussed.
Mr. Castleberry will request the Building Code Appeals Board to hold a
hearing on this matter at the earliest date possible.
76-283 APPROVE LAND CONSERVATION AGREEMENTS AS RECOMMENDED BY THE
LAND CONSERVATION ACT COMMITTEE
an ae toe , ounty Counse ,reported on the Williams Act agreements.
The committee has reviewed them and approved the agreements. They now have to be
approved by the Board and the Chairman authori~d to sign. Agreements discussed.
On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried,
the following land conservation agreements were approved and the Chairman authorized
to sign:
Page 135.
February 24, i976
~~
~",
= C = = C - .. = i t C t C D !~S-b i~ X1.7./ ~ - - - - - - - - ~ C i C~i t C t C
Adams, Charles W.
i3erta~a, i3era$rdo & Carmen
Bertagna Orchards, Inc.
Bolles, Katherine G.
Bruce, Robert A. & Iona &. .
Cal Pacific Farms, Inc.
Chambers, Jaci: k'. & Beverly, et al
Choate, Don N. et a1
Colman, Erol & Genevieve ••
Corwiu, Steven ~ Laverne, et al
Foster, Sheldon Robert •
Harter, Richard kL ~ & Lisbeth H. • '
Henneman, Jake L. & Theresa C.
Henni ~t John F. Jr: & Fiances R.
Johnson, Laura Rana
Konyn, Peter J. & Alice C.
Langerwerf Daisy, Inc.
Louisiana Facifia Corp.
RECESS: 12:00
RECONVENED: (:00
McAndrews, John & Merle
Mortis, Leah (AY.A Leah Gunn)
M 1c T Incorporated
Mead, Harry G. do Zueletta M.
Mead, Harry, et al
Mead Orchards, Inc.
Miller, Harold J. & Dor3s:F.
Parker, Earl & Helen
Pardon, William M. !t Ruth C.
Rawlins, Jack L. 8c Elizabeth 0.
Raynor, Chas~pion C. & Laurian W.
Russell, Walter M. & Alice I.
Soper-Wheeler Company
Taylor, Alma Louise
Thomasaon, Harold Y. & Cwenllian L.
Thomassoa, HathBa H.
Williams, Deese k Fdith M.
76-284 PUBLIC HEARING5 SET FOR REZONING ITEMS
is ear ngs were set on t e ow ng terns for Planning Commissions
March 30, 1976 at I :30 p, m.
I. Butte County Planning Commission -environmental impact report and
rezone, Hwy. 32, rezone from "A 2 "(general) to 'R-! A8C " (single-
family-residential arts and crafts), 'R-1 " (single-family residential),
'R-3"(medium density residential), 'S-R"(suburban-residential), "S-R-i "
(suburban-residentia!), "A-S-R"(agriculfurol~uburban-residential), and
"A-10"(agricultural) for property hounded on the north by the Southern
Pacific Railroad right~f-way, on the west by Mvir Avenue, on the
south by State Hwy. 32, and an the east by W. 13th Avenue, also that
property bounded on the north and east by State Hwy. 32, on the west
by Linda Channel and Glenwood grive, and on the south b Oak Way. Also
that property described as being all of Lot 77 and the S1N 1~2 of Lots 78
and 79 of '8idwell 2nd Sub. "Chico.
2. James R. and Pauline L. Sti Ikon -rezone from 'R-1 " (single-
famliy residential) to 'S-R-1"(suburban-residential) property located
on the north side of Firland Drive, approx. 500 ft. west of Skyway
identified as AP 51-104-10, Paradise.
March 28, 1976 at 2:00 p.m.
I. Vern M. Bertram, et al -Planning Commission report of denied
rezone from 'f nterim S-R-I " {uburban-residential) to 'C-I "(light
commercial) 'R-4" (maximum density residential), and '5-R" (suburban
residential) property located on the west aide of Esplanade, between Eaton
Road and Shasta Avenu~8ge 136.
February 24, 1976
76285 APPROVE TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL
On motion a Supervisor op, sewn y pervisor igan and carried,
the following tentative parcel maps recommended for approval were approved, subject to
the conditions, with the finding that they have been found to be consistent with the Butte
County General Plan and that negative declarations have been f+led with the County Clerkt
20.nsd A-5 John R. McMichael, !~P AO-17-39 & 55, 3 lots,
G.P. ORchard ~ approx. 80Q feet west Of Cttmrafnge Road. approx.
v'iald crops ~ mile north of oravtlle-Durham h4ry., adjacent
to Hutto Creek.
Pursuant fio the xeguiremsnts of Section 20.3 of the Butte County Code,.
thr tentative Qarcel man of the above idantifiec4 oranerty has been rc-
viewpd by the Butte County Subdivision Committee End the Planning
Commission.
The Subdivision Cammf.ttee an8 the Planning Commission recommend
approval of th4 tentative map, subject to the following con8itionse
~.. verify legal access .
2. Provide traversable access, and obtain an encroachment p°rnit.
3. Road to aaststructed ~ RS8 Lf]2 stsndards.
4. Provide a road maintainence agreement.
5. Shpw on the final map a IOO.ft. septic tank fxee setback along
Butte Cxeeic .
6. Indicate a ~0 ft. build~.ng setback ndxt.'t of the north -line -ef-the- ••-__..
easement from Cunanings Poad to Parcel 1.
7. indicate a 50 ft,. bui:tding setback an bath sides of the center
easement dividing Paxaels 1 & 2.
Mote: 11 variance to minimum parcel sine was granted nn s°ptem0er x5,
19 ?5 .
R Negative D=elaratian Rec7asding Envixonmental Impact was filed .rith
the County Clerk on Septeinbsr F{, 1975. '
Ali rsasonablp effartcs should be••made to prateot Agriculture, not only
far its economic advantages to the County, but, as an important and
desirable use of the land which establishes malty o£ t119 values for
urban ar~sas .,
~sgricultural land should be preserved ag$inst piecemeal urbanization
vrhich wpuld tend to adversely effect thy: economic potentials of t`tis
important' c~egtnent of the County's base . .
In providing far Lu:be3n growth and expanafon, the fertile arwas should
be preserved, wherever posaibl].e, to ericourgae pxior use of land that
has..lgss._Agr~`culturpi, potential.
Pace 137.
February 24, 1976
I
--___-____===~~L~~~4eJ.9Z~.~-~- -_ -_ -- -- -
Loned Interim S-2 PJayna Eric:cson, AP 63-0~-58 tportianl, 4 lots,
(Proposed A-R-5)• adjac_nt tc and nar'"..hwest of Schott Road, Lot
G.P. 1-5 ne/du 12 of Forest Ranch 5ubd_vision. Surveyor:
~3'ohn NI. Haniny
Puzsuant to the rt?quizssrents of Section 20.3 of the Butte County Cade,
the tentas~ive parcel map of the above ident~.fied property has been re-
viewed by the Butte County 5ubdivisa oss Comsni.L•tiee and the Planning
Ccmmi~sion.
Ilse Sulodivis~.an Camsni'ttee and the Plasu-inq Commission recomsaend
approval of the tentative neap, subject to the following condit3.ans:
~,. Indicate a IQO ft. septic tank free setback frosa the quarry line.
2. ~tdicate a 50 ft. septic tank free setback an both sides of the
ravine on P,zrcWl 1.
3. Pxov~.de the Sutte CouaLty Hsalttt Depn?ctment with soil test data
on Parcels 2 & 3. •
~l. Proof of water on Parcel 1. .
5. Provide traversable access, and construct to RSi3 LD2 s'tanda~rds
witkt eul-de-asac. •
-- 5. Ontain an ertcraachment permit from the Dept. cf P•.;blxc ~dorI~s.
7. Shaca an final mgp all County rightrof-tray.
$, uh~s a 50 ft. building setback frost the c„nterxitae of Schott Road
Brad fras~ 4~te pxivat.e road.
9. Provide a road sna3nteasance~agseemant.
i0. All eases=nts of record to ba shovra on the final nap.
Note; This groperty is psopos°d for "A ~-5" zoning in. the Forest Ranch
Rezone . ,
A F3egative IIeaJ.aratian Regarding Envixonmmnta3. ?snpact wag fil.ad with the
County Clerk on January 19, 1975. ,
1-5 sc/du Open Grazing Land
The General Plan indicates tyro categor~.es of open spsce in non-urban
arses: ~.3 soultiple use open space drsd 2) ps~an.ent open space. 6dithiu
the snsa?tiple use opera space, lased ~~ which the slaps isgenerally less
than 25~ but t~laich era scot corered vri9:h valuable starsds of timber, tine
General Plan states that there is not.expectad to bQ ar_y substazxt~al
d4sm~td S`ar urb~xaizatian of this land due to ~.ts loca.tion. t]ses for t.3iich
_-___ it Bray be suitieble include, but are not lises3ted to:
._----_..~..-.-.~. _-- ....._..._ ._.._.._..~.__W.._._._ __.__--- - -
Y7atershe8 Mineral Extraction
Lrosion control Go1sE couscsas
Ft :l@lifa hr~bitest Private outdoor recreation
GTMaz.f~sg Rid~.ng stables
Field crops Plant nurseries
Tree crops Flood control
8csnic eaoements Green belts
_._ .............._.......... ._.. ,~~ February 2d, 1976
Page 138.
~,
IF C=C1C=~ yT.lCC6 C C~Si"L`-~C~~L CCC--- -_ =- CC Cz C! C 6
Zoned A-2 R. D. Frank, AP 73-22-51, 2 lots, north of
G.P. 1~4 btu/ac to ;`irysville-T,aPcrte Road, approx. ~ mile west
ii:t~b , Mt. merrain of Clipper ~i~.lls . Eng:.neer: T`ia;c Albert
Pur~as~.ant to the requ; resents ox t;sc t~.on 20 .3 of the Butte County Cade,
tine tentative parcel map oi: the ebogre identiff.~ed property has •been re-
vies~ed by the Butte County Subdivision Committee and the Planning
Cc:.a;~ission.
The Subdivision Comrnittes and the Planning Con~.mission recommend .
approval .of the tentative map, subject to the i:ollorring cond3.tions:
1. Inassueh as the well serving Pare_1 1 is located an Parcel 2, show
on the final map an easement for the well anti pipe line on Pastel
2. `
2. provide traversable access, and obtain an encrroachnent perndt.
3. Indicate a 55 ft. building setback fron t':e c@nterlina of Ntarysville-
~dPcrte Road.
4. Yndicate a 20 ft. building setback fros the erssterly l~.ne of the access
easement.
"-S. That no less than +30 ft. of access be pra~.~ided to Parcel l; access tc
be easement rath®r than fee tit7.e.
6. Heed to the County of Butte 40 ft. rights-ct uay from the centerline
of Marysville-LaPorte Road.
A Negative Deciaratian Regarding Environmental Impact was filed with the
County C1~rk on January 19, 1976.
Tee timber mountain classii:icat2.an ie intended for those areas which
have valuE as ticaber producing areas, watershed areas, scenic areas,
recreational areas Fend aareas which by their character and particvlax
,. ,topography require special trestuent and protection to mitigatE p~-
tential damFage. Residential development in these areas at~.ere the
i:opggraphy ai: the land vrill allow F: minimum amount of darn~gc by way
of erasion, siltation, surface and ground water pollLtion. ox the
destructia~s of scenic and historical areas. Density should be
coxzsidered an the basis of these factors end paeighed against alter-
nate use of the areas for timber pracluationr recreat3.t~n and watershed
protection.
76-286 7ENTATIVE PARCEL MAP RECOMMENDED FOR DENIAL: WILBER SYPt#ERD
i r yp ar tenfiat ve parse map recomme or en a was
discussed at this time. This map had been referred back to Planning Commission
aF the last Board meeting to be referred back to the Public Works Department
regarding the design of a beffer road.. Map discussed; put over one week, to be
placed back on the agenda for Tuesday, March 2, i976
76 287 JANE FUGITT TENTATIVE PARCEL MAP PUT OVER TO MARCH 9, 1976
T e Jane Fugiff parse map en re e ac tote a y
Planning Department. This is in an area that has water problems. Supervisor
Madigan requested that this be p~ag°e grJ~wo weeks and that by then the water
February 24, 1976
~, - r,,
--------------FebruarY,24~ 197b_______________--
report should have been received. Action on the map put over to March 9, 1976.
76-288 APPROVE REQUEST FOR REFUND: RICHARD A. ALDRICH
On motion o pervisor i op, seco pervisor Ladd and
parried, the Board authori sd a refund of ~b0 application fee for use permit
and environmental review to Richard A. Aldrich.
RECESS: •f:15 to go into an executive session.
RECONVENED: The Board reconvened at 1;45 p.m. following an executive session.
County Counsel reported on the session. Tfiey had nothing to report
to the public.
7b-289 PUBLIC NEARING: BUTTE COUNTY PLANNING COMMISSION-CONSIDERATION OF
ENVIRONMENTAL IMPACT REPORT AND REZONING FROM "A-2" (GENERAL) AND
"A-5"(AGRICULTURAL}TO "A-5," "A-10"A-20", and "A-40"{AGRICULTURAL),
'C-1"(LIGHT COMMERCIAL), "S-R"(SUBURBAN-RESIDENTIAL) FOR 47 SQ. MILES
MORE OR LESS LOCATED fAST OF LARKIN ROAD, SOUTH AND WEST OF THE BORROW
AREA OF FEATHER RIVER, WEST OF LONE TREE ROAD, AND THE EASTERLY LINE OF
SEC. 4, 9, 16"& 21, TI7N, R4E, MDB$M, AND NORTH OF THE YUBA COUNTY LWE,
GENERALLY EAST OF GRID LEY
e pu is earrng on t e Buffe County Commission EIR and rezoning set out above
was held as advertised. This is known as the Larkin-Lone Tree area. Area being considered
set out by Mr. Lawson, Planning Director. Purpose of the rezoning explained. It was
recommerrded that the rezoning be sent back to Planning for further study.
Hearing opened to the public. Appearing:
I. James Aflen-stated that he represented qufie a number of people,
approximately 2f3 of that areas populace. We presented a petition, copies of which
were given to the Board members. 1t was stated in the petition that the proposed zoning
was not satisfactory. The petition had been signed by leap-thirds of the people in the
area, all opposing the rezoning.
2. Dutch Thresher-stated that he was against the proposed zoning because
the land in that area was much to expensive to farm and the "A-10"zoning would
make his sand worthless. Opposes the rezoning and requested that his property 6e
deleted from the rezoning.
3. Dorothy Paradis-stated that she owned BO acres east of Highway 70 and
said it was not prime agricultural land. Also stated that she pays double taxes because of
the "Williamson Act". Spoke in opposition to the rezoning.
4. Peter Davidson; fie had not understood the rezoning. After receiving an
explanation, he did not request any change.
5. N. W. Herron; made a general attack on the impracticality of the rezoning
program in general. He further stated that if the State enforced the rezoning, he would
hwe to operate at a loss; that there is no profit in farming. He did, however, •say that
zoning was sometimes necessary fo protect the health of a community. Definitely
opposed to rezoning.
Page 140.
February 24, 1976
___________________ Februay24~ 1976=====____-_______
6.. Gary Ledger~tated that this land had only a small amount of potential
and that it is very expensive to develop. He would like this area to be zoned A-10.
7. Carl Walker. He felt that this was rat agricultural land, and would
like 1n hear the Board's side of the theory. He requested that the zoning be left
as it is.
8. Bill Nbrgensonr questioned the infinity of the zoning and would like
to have his property deleted.
9. Carolyn Garrickp wishes that there be no change in the present zoning.
Rezoning discussed. Supervisor McKillop felt that the hearing should be
continued.
Acting Chairman Richter felt that it should be sent back to Planning. The intent
being that there should be another hearing.
On motion of Supervisor Madigan, sewnded by Supervisor McKillop and
carried, the hearing was continued and the rezoning was referred back to Planning
Commission for further study.
76-290 PUBLIC HEARING: A. JOHN MERLO-CONSIDERATION OF ENVIRONMENTAL
IMPACT RE PO AT AND REZONING FROM A-2 (GENERAL) to 'C-2" (GENERAL COMMERCIAL)
FOR PROPERTY LOCATED ON THE EAST SIDE OF ESPLANADE, APPROX. 150 FEET NORTH OE
COMMERCIAL AVENUE CH[CO: CONTINUED TO March 9, 1976 at 2:00 .m.
~c earing'opene a ten cont~nu 'to , at p.m., as
requested by applicant, A. J. Merlo.
76-291 PUBLIC HEARING: TERRY MC CANN: REZONE FROM 'S1t I " (S1J'pNRBAN
RESIDENTIAL) TO '7'M-2" (TIMBER MOUNTAIN} PROPERTY LOCATED ON BOTH SIDES OF
FORBESTOWN ROAD, APPROXIMATELY I ~ MILES EAST OF THE LUMPKIN ROAD
INTERSECTION :ADOPT OltD1NANCE NO. 1685
T pu is Baring on t e Terry McCann rezone from 'SR-I " (Suburban residential)
to `TM-2" (timber mountain) property Ioeated on both'aides of Forbestown Road,
approximately I and ~ miles east of the Lumpkin Road Intersection was held as advertised,
Jim Lawson, Planning Director, set out the background of this matter.
Hearing opened to public. Appearing: no one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor McKillop, seconded bySupervisor Madigan and
carried, Ordinance No. 1685 was adopted and the Chairman was authorized to sign.
AND CONSOLIDATING AN
76-292 ADOPT RESOLUTION 76-32 CALLING FOJj(ELECTION OF BOARD OF DIRECTORS
FORTHE LIME SADDLE COMMUNITY SERVICES DISTRICT
n motion o perv sor op, seco e y upervisor Madigan and
carcied, Resolution 7b-32 calling for(and cansolida`ting said election with._,j_une Primary)-
an election fo'r a Board of Directors for_the Lime Saddle. Community Services District-. .
_was adopted and the Chainman authorized to sign.
-- __~_ - `- ~ Page l41.
..._.. --- ~--- - February 24, 1976
________________==~~bwar~~.4ti9Zlz=====_---~~_ ~~_~
AD.3OURNMENT:
ere ~ g nothing further before the Board at this time, the meeting was
adjourned at 3~ p.m, to recornene on Tuesday, March 2, 1976 at 9;00 a.m.
ATTEST: CLARK A. -NELSON, COUNTY CLERK
(~ .~._ 6
By; ,Q ~ _ C a rman o E e Boa
Boa o rvison; C e
Page 142.
' February 24, (976