HomeMy WebLinkAboutM030679March 6, 1979
OF CALIFORNIA )
SS.
OF BUTTE )
79•
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Dolan, Moseley, Wheeler, Winston and Chairman Lemke.
Clif Mickelson,.administrative officer, by Mike Pyeatt, assistant administrative
officer; Dan Blackstock, county counsel, by Jim Griffith, deputy county
counsel; and Clark A. Nelson, county clerk, by Cathy Pitts, assistant
clerk to the Board.
Pledge of Allegiance to the Plag of the United States of America.
Invocation by Supervisor Moseley
APPROVAL OF MINUTES
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, the minutes of February 27, 1979 were approved
as mailed with the amendment to minute order, 79-349 to show that the
following resolutions wexe adopted instead of Resolution 79-36:
375
Resoltuion 79-36 for summary abandonment of a portion of V-B Road.
Resolution 79-36 A for summary abandonment of a portion of V-2 Road.
APPROVE CETA NEW WORK EXPERIENCE AGREEMENT
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, the new User Agency CETA agreement for the Work
Experience Program under CETA re-enactment was approved and the Director
authorized to execute said agreement.
376
APPROVE CETA YOUTH COMMUNITY CONSERVATION AND IMPROVEMENT PROGRAM (YCCIP)
SUBGRANT TO BUTTE COUNTY ECONOMIC OPPORTUNITY COUNCIL, INC.
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the modification to the CETA Youth Community
Conservation and Improvement Program (YCCIP) subgrant to Butte County
Economic Opportunity Council, Inc. to increase the level of funding to
allow for the addition of two participants and clerical support to be
increased from three-quarter time to full time due to revised allocations
from the U. S. Department of Labor and carry-in funds from previous grant
year was approved and the Director authorized to sign.
377
APPROVE CETA EQUIPMENT PURCHASE
378
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, the purchase of four electric typewriters, a manual
typewriter, three electric calculators, five dictating machines and six
machine stands with funding to come from budgetary appropriation approved
last week for CETA was approved.
AUTHORIZE PURCHASE OF TYPING DESK - WELFARE DEPARTMENT
379
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the purchase of a typing desk in the amount of
$100 from the purchasing revolving account for the Welfare Department
was approved.
AUTHORIZE PURCHASE OE OROVILLE JUSTICE COURT SAFE
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried,. the purchase of a replacement safe for the Oroville
Justice Court in the amount of $300 was authorized.
380
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March 6, 1979
March b, 1979
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AUTHORIZE PURCIiASE OF AB 90 PROGRAMS EQUIPMENT
On motion of Supervisor Dolan,, seconded by Supervisor Moseley
and unanimously carried, the following purchases for the AB 90 program
was approved:
Transfer of funds as follows:
430-001-902 AB 90 Administration
4111 - Salaries & Wages $8,072 x 15% _ $ 1,211
4118 - Employee Benefits $2,761 x 15% = 414
Total $ 1,625
Transfers $1,625 to 4kb3 Fixed Assets - Equipment:
1 Dictating & Transcribing Machine $ 350
(Cassette Type)
2 Bookcases. 220
2 Filing Cabinets, with locks 360
l Swivel Chair •200
4 Side Chairs 250
1 Small Table 200
1 Coat Rack 45
Total $ 1,625
430-001-903 AB 90 Work Furlough
4111 - Salaries & Wages $13,280 x l5% _ $ 1,992
418 - Employee Benefits $ 4,060 x 15% - 609
Total $ 2,601
Transfer $2,601 to #63 Fixed Assets -Equipment:
1 Desk $ 350
1 Typewriter 486
2 Bookcases 165
1 Filing Cabinet 125
4 Side Chairs 200
1 Steno Chair 75
1 Swivel Chair 150
3 Dictating & Transcribing Machine 1,050
Total $ 2,601
430-001-904 AB 90 Victim/Witness
411 - Salaries & Wages $21,499 x 15% _ $ 3,224
418 -Employee Benefits 7,729 x 15% - 1,159
Total $ 4,383
Transfers $4,383 to 463 Fixed Assets - Equipment:
1 Printing Calculator $ 350
1 Swivel Chair 150
1 Steno Posture Chair 75
2 Desks (1 Typewriter Desk) 723'
10 Straight Sack Chairs. 500
3 Five Drawer Filing Cabinets 540
4 Bookshelves 420
2 Tables 500
l Coat track, Large 75
3 Dictating & Transcribing Machines 1,050
Total $ 4,383
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382
APPROVE LEASE AGREEMENTS WITH-STATE DEPARTMENT OF GENERAL SERVICES RE:
COMMUNICATIONS VAULT SPACE TN CHICO AND FOREST RANCH FOR CHP
On motion of Supervisor Wheeler, seconded by .Supervisor Dolan
and unanimously carried, two leases with the State Department of Generate
Services wherein the county will provide communications vault space in
Chico at a cost of $960 per year and in Forest Ranch at a cost of $650
per year for the CHP were approved and the Purchasing Officer authorized
to sign.
383
AWARD BID N0. 49-79 - VEHICLES
0n motion of Supervisor Dolan, seconded by Supervisor Wheeler
and unanimously carried, bid No. 49-79 was awarded to the low bidders
meeting specifications and preparation of budget transfers was authorized
as follows:
Item 1. 5 ea. Patrol Sedans
(4 Sheriff and 1 Fire)
Hobble Chevrolet ~ $ 35,410.94
Item 2. 6 ea. Subcompact Pickups '
(4 Ag. Commissioner, 1 Air
Pollution, 1 Farm Advisor)
Oro Dam Motors ~ $ 29,224.20
Ttem 3. 2 ea. Half-ton Pickups
(Public Works)
Sierra Dodge $ 11,560.81
Item 4. 5 ea. Cab & Chassis w/Utility Body
(Public Works)
Robbie Chevrolet $ 37,181.41
Item 5. 2 ea. Three-yard Dump trucks
(Public Works)
Tike Devious Ford $ 32,768.92
Savings are available within the Revenue Sharing vehicle acquisition budgets
to cover the deficits for those departments whose fixed assets are funded
by Revenue Sharing:
Item 1. Fire - Allowed: $6,000; Cost: $7,012.65;
Short: $1,012.65 -•Covered by Revenue Sharing savings.
Item 2. Farm Advisor - Allowed: $4,200; Cost: $4,870.70;
Short: $870.70 - Covered by Revenue Sharing savings.
Item 3. Air Pollution - Allowed: $4,800; Cost: $4,870.70;
Short: $70.70 - Transfer from account 30 to cover deficit.
Item 4. Agriculture'- Allowed: $19,200; Cost: $19,482.80;
Short: $282.80 - Covered by Revenue Sharing savings.
384
Item 5. Public Works - Allowed; $73,000; Cost: $81,511.14
Short: $8,511.14 - covered by fixed asset budget by
deleting purchase o£ three flail mowers.
APPROVE BUDGET TRANSFERS•
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the following budget transfers were approved:
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March 6, 1979
March 6 z 1979
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B-88 Central Services - Central Duplicating. Transfers $135
from maintenance of equipment to ..rents and leases of structures to provide
an-additional budgetary appropriation for storage space at the microfilm
vault as required b}r the Clerk and Recorder. The space had to be rented in
mid year and was not anticpated at budget time.
B-89 Fish and Game Commission. Transfers $75 fzom maintenance
of equipment to office expense in order to. cover existing deficiencies and
provide a budgetary appropriation for the remainder of the fiscal year.
8-90 Agricultural Commissioner. Transfers $400 from agricultural.
supplies to small tools in order to cover the purchase of a Lead Test Kit
needed by Weights & Measures to do field monitoring foz suspected contaminated
unleaded gasoline.
B-91 Probation. Within the AB 90 Administration Project transfers
$1,211 from. salaries and wages and $414 fzom employee benefits foz a
total of $1,625 to fixed assets - equipment. Within the Work Furlough
Program transfers $1,992 from zegulaz salaries and wages and $609 from
employee benefits for a total of $2,601 being transferred to fixed assets -
equipment. Within the Victim/Witness Program transfers $3,224 from zegular
salaries and wages and $1,159 fzom employee benefits for a total of $4,383
going toward fixed assets - equipment. This transfer transfers funds from
savings and personnel costs because of the delayed start-up to the fixed
asset account in order to purchase necessary equipment foz implementation
of the programs. This transfer refers to the equipment authorization item
on the agenda.
B-92 Community Action Program - 1978 Grant Year. Within CAA
Administration transfers $2,300 from consultant services to salaries and
wages and $400 from the lease and purchase of equipment and $300 from other
costs with a total of $700 going toward consummable supplies: Within the
Rural Senior Service Project transfers $250 from other costs to consummable
supplies. Within the South Oroville Beautification Project transfers $400
from travel and consummable supplies. Within Community Services Program
transfers $2,400 from fringe benefits to salaries and wages and $500 from
other costs to consummable supplies. Within the Gridley Senior Citizens
Recreation Project transfers $2,950 from other costs to consummable supplies.
Within the Rural Home Repair Program transfers $2,525 from other costs to
consummable supplies. Within the EDD Youth Weatherization Program transfers
$1,056 from other costs with $810.going toward salaries and wages and $246
to fringe benefits. The purpose of this transfer is to increase various
budgetary appropriations to cover end of the grant year deficits in various
line items and is within the Community Services Administration guidelines.
B-93 Oroville Justice Court. Transfers $300 from the reserve
to fixed assets of equipment in order to provide an appropriation to cover
the cost of a floor model fire safe to replace the safe that was damaged by
burglars in February 17, 1979. The authorization to purchase the safe is
listed as a separate item on the agenda.
APPROVE RURAL HOME REPAIR CONTRACT WITH THE ADMINISTERING AGENCY OF FRESNO
COUNTY ECONOMIC OPPORTUNITY COUNCIL
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the rural home repair contract with the Administering
Agency itf Fresno County Economic Opportunity Council in the amount of $10,000
to provide labor and materials to rehabilitate health and safety deficiencies
for low income family occupied homes was .approved and the Chairman authorized
to sign.
385
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APPROVE LEASE AGREEMENT WITH CHIN SHEW TING CO. FOR EOC PROGRAM OFFICE
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, the lease agreement Frith Chin Shew Ting Company
to continue occupancy of premises at 1245 Lincoln Street, Orovilie at a
monthly rental rate of $424 for the period January 1, through December 31,
1979 for the EOC Program Office was approved and the Chairman authorized
to sign.
PUBLIC HEARING DATE SET
A public hearing date of March 27,1979 at 10:00 a.m. was
set for consideration of Dennis Stephens petition for variance to
Sections 19-10 and/or 19-12 of the .Butte County Code for placement of a
mobile home at Route 1, Box 78A (East Biggs Highway) Biggs, AP 25-10-14.
Zoning: A-2.
APPROVE REQUEST FOR PENALTY RELIEF - MAE COLEMAN
On motion of Supervisor Dolan, seconded by Supervisor Moseley
and unanimously carried, the request for penalty relief for Mae Coleman for
AP 35-09--5-007 was approved.
DENY REQUEST FOR PENALTY RELIEF - CARL TIETZ
On motion of Supervisor Moseley, seconded by Supervisor Dolan
and unanimously carried, the request for penalty relief for Carl Tietz
for AP 56-11-007 was denied.
4PPROVE SAFE AEPOSIT SOX LISTER AGREEMENTS
On motion of Supervisor Wheeler, seconded by Supervisor~Moseley
and unanimously carried, the following safe deposit box lister agreements
were approved in the amount of $7.50 per inventory and an additional $5
Eor travel outside a designated urban area with the effective date of
January 2, 1979:
P. D. Hradecky
M. Dean Worcester
Stan Pittman
391
?OLIGY TO CONTINUE TO HAVE STATE OF CALIFORNIA ADMINISTER DAY CARE LICENSING
Bob Robinson, assistant welfare director, was present to discuss
she report from the Welfare Director concerning transfer of day care licensing
Erom the State of California to the county. Mr. Robinson stated that one
~oncern seems to be the fact that the regulations would appear to be an issue.
ie assumed that the transfer would require the work of a county employee
.o conduct the same type of review that is being conducted by the state.
Phe second issue would be the cost factor. Mr. Crisan has indicated the
problem of their agency is facing covering not only licensing expenditures
>f cost. These two reasons are such that the county should not have this
grogram returned to the county at this time. Possible financial relief
crow the state might make it possible to return this function to the
:ounty. There are still. other factors. The state has mandated program
responsibility in recent provisions.
Margaret Mitzel stated that at the time the county was considering
laving the state take over administration of-the program the recommendation
gas to discontinue:.at the same time the 17 page application was required
~y the state for day care licensing. Their workers felt that they would
;et into the.same type of problem ..the people .are into now. It is difficult
~o license day care Frith the mandates the state has oxi the program at the
present time. Just getting the information would be harassment. There is
support system once the people are provided licenses. They are finding
~t hard enough to license and build up. They would have to have possibly
Page 166.
March 6, 1979
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two additional woxkers to do the work.' She was riot sure that the county
could handle the licensing any better than the state is doing.
_ On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried; the policy to have; the state of California
administer the day care licensing was continued.
Copies of the mandated form to be given to the Board members
and the Welfare Director to comment on the form required to be used for
day care licensing.
EFFORT BE MADE TO ONCE MORE CONTACT STATE DIRECTOR OF SOCIAL WELFARE AND
ACQUAINT HIM WITH THE FROBLEMS RE: SOCIAL SERVICE FUNDING FROM THE
STATE OF CALIFORNIA
Discussion of the.report and request for policy direction
concerning Social Service funding from the State of California held at
this time,
392
Supervisor Winston felt that the alternative No. 4 of Bob Crisan's
memo had serious implications. This would cause everytAing in the state
to come to a halt. .He wondered if anyone paid attention to the statements
relative to case load vs population. Butte County has a population of
116,500 and a case load of 13,082 while Alameda County has a population of
1,100,000 and a case load of 14,068.
Margaret Mitzel stated that some counties look at their
cases in a different way. Butte County has developed a
fairly decent child care unit. Perhaps that type of case load is the
result to take cases in. Priorities cutbacks could be dangerous for
child abuse cases. Perhaps because Butte County is a rural area, they feel
the heat from the general public if the effort needed is not produced.
There may be a lot of reasons for the statistics:
Discussion of services provided for senior citizens held at this
time. The Welfare Department provides a different service than those
performed. by EOC or the Senior Citizens Council.
Supervisor Winston stated that the Butte County Senior Citizens
Council has gone on record as stating the most important programs are the
homemaker service and the nutrition programs. This keeps people out of
convalescent hospitals. He wondered with the many people concerned about
government spending whether an effort s'houldn't be made to combine the
administration on all levels and try to save administrative casts. There
are three services provided by three different agencies.
Ms. Mitzel stated that there is some duplication of effort.
This is because of the mandate by the state. There is some work afoot to
put the Department of Aging under the Social Services. The IHHS program
is a program that should be picked up by the state.
Chairman Lemke stated that the problem that is facing the
Board is that the-state mandates a program and says that they will not
support the programs with funding.
Mike Pyeatt, assistant administrative officer, stated that
the memo from Mr. Crisan is trying to bring. to light the effort of the
state to pass mandated costs to units of county government. One thing
that .he is suggesting in alternative No. 4 is that a resolution be
prepared notifying the state. It is drastic action. He is looking to
Qet action from the state.
Page 167.
March 6, 1979
March 6, 1979
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Supervisor Winston felt that the Board should consider all of
the alternatives of the memo at this time. The county cannot allow expendi-
tures.to continue on the basis of hope. As far as allocating $167,999
in county general funds to cover, that is a physical impossibility. He.
felt that legal action was the last resort.. There is a low whereby the
county can order the state to furnish 1002 funding under code section
123060. Tkiat recommendation makes sense. If the county discontinues the
programs, according to Mr. Crisan's memo the state would stand to lose
$250 million in federal funds. This would not seem a reasonable solution.
Supervisor Winston felt that the only practical solution would be to
suggest legal action as a last resort and to order the state to furnish
the 1007 funding under the code section.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, an effort is to be made to once more contact
State Director of Social Services, Marion Wood and acquaint him with the
problems and .his _responsibility under the code section with a copy of
that letter and a cover letter to go to the Governor; Mr. Crisan is to be
informed that the policy regarding legal action would be as a last resort
and that if he deems it necessary to start legal action'that he should'
come back to the Board with his request setting forth his reasons.
Chairman Lemke to bring the matter .up at the NORCAL Board of
Directors meeting.
393 DOPT ORDINANCE 2008: WAIVE SECOND READING OF ORDINANCE AMENDING CHAPTER 32
OF THE BUTTE COUNTY CODE
On motion of Supervisor Wheeler, seconded by Supervisor Moseley
and unanimously carried, the second reading of the ordinance amending
Sections 32.4 a and b and 32.8c relative to street naming and numbering by
adding "excepting condominium subdivision" of the Butte County Code was
waived; Ordinance 2008 was adopted and the Chairman authorized to sign.
394 APPROVE LETTER AGREEMENTS FOR DISTRIBUTION OF FEDERAL OFF-SYSTEM FUNDS WITH
INCORPORATED CITIES IN THE COUNTY
On motion of Supervisor Moseley, seconded by Supervisor Wheeler
and unanimously carried, letter agreements with the incorporated cities in
the county for distribution of 1978-79 federal Off-System funds were approved
and the Chairman authorized to sign.
395 ADOPT RESOLUTTON 79-39: SUMMARY ABANDONMENT OF A PORTION OF ESTATES DRIVE
AUTHORIZE CHAIRMAN TO SIGN QUIT CLAIM DEEDS AND ACCEPTANCE OF GRANT DEED
WITH BUTTE CREEK ESTATES AND BUTTE CREEK COUNTRY CLUB
On mofiion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, the Chairman was authorized to sign quit claim
deeds conveying county's interest in Estates Drive to Butte Creek Estates
and Butte Creek Country Club; Chairman authorized to sign acceptance of
grant deed from Butte Creek Estates conveying Co County of Butte that
portion of the realigned Estates Drive; Resolution 79-39 for summary
abandonment for a portion of Estates Drive was adopted and the Chairman
authorized to sign.
396 ACCEPT IMRROVEMENTS SHASTA PARK SUBDIVISION
On motion of Supervisor Winston, seconded .by Supervisor Wheeler
and unanimously carried, the improvements for Shasta Park Subdivision
were accepted; release of-performance and labor and materials bonds were
authorized and the one-year maintenance period to commence.
397 ADOPT RESOLUTION 79-40 SETTING PUBLIC HEARING DATE FOR UNDERGROUND UTILITY
DISTRICT ON HIGHWAY 32
~Oin motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, Resolution 79-40 setting a public hearing date
Page 168. March 6, 1979
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of April 3, 1979 at 10:00 a.m: to determine whether public necessity,
health or safety require the formation of an underground utili£y district
on State Highway 32 was adopted and the Chairman authorized to sign.
ADDITIONAL ITEMS .PRESENTED BY PUBLIC kT0RK5
Clay Castleberry, public works director, advised the Board
of the problems with the energy requirements. The Building Department
has come up with standard chart for small nonresidential buildings and
saved builders some. $500. This chart will be available for buildings
of less than 100 square feet.
Mr. Castleberry received a petition from Upland Road residents
asking for higher level of road maintenance. His department can make
two small safety measures on the road.
Mr. Castleberry asked if the Board would consider offering
publicly to assist people izi the Chico Vecino area to help them form
assessment districts. This would take his time and effort to set up
the assessment district. An assessment district is the ,only way to fund
construction of storm drains.
Chairman Lemke stated that the policy would be that the Public
Works Department would cooperat ith citizens to form drainage districts
as long as there is no expenditu a of public funds.
CONFIRM ACTION OF FEBRUARY 27, 1979 RE: AMENDMENTS TO WILLIAMSON ACT
AGREEMENTS FOR ANN H. SKINNER, EMME`fT W. AND ANN H. SKINNER, AND
LOU R. ADAMS
On motion of Supervisor Wheeler, seconded by Supervisor Winston
and unanimously carried, the action of the Board on~February 27, 1979
relative to Land Conservation Act agreements was confirmed and the
Chairman was authorized to sign amendments to Williamson Act agreements
for Ann H. Skinner, Emmett W. and Ann H. Skinner;, and Lou R. Adams.
WAIVING OF SECOND READING OF PROPOSED ORDINANCE AMENDING ARTICLE I OF
CHAPTER 4 OF THE"BUTTE COUNTY CODE RELATING TO ANIMAL CONTROL TAKEN OFF
AGENDA
The waiving of the second reading of the proposed ordinance
amending Article I of Chapter 4 of the Butte County Code relating to animal
control was taken off agenda.
APPOINTMENT TO THE BUTTE COUNTY MOSQUITO ABATEMENT DISTRICT - DISTRICT 2
CONTINUED TO MARCH 13, 1979
The appointment to the Butte County Mosquito Abatement District -
District 2 was continued to March 13, 1979.
APPOINTMENT TO THE MENTAL HEALTH ADVISORY BOARD
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, Dr. G. H. Goodard was appointed as a member to
the Mental Health Advisory Board.
BUTTE COUNTY.TO BE INVOLVED IN REAUTHORIZATION LEGISLATION (5 241) LEAA -
REGION C REGIONAL CRIMINAL JUSTICE PLANNING BOARD LETTER DISCUSSED "
Supervisor Winston stated that he had serious questions about
the LEAA program. It is quite interesting to note that from the State
Justice Planning Board they .say they have to dispel the myth that the
LEAA reauthorization legislation will reduce crime. Money has been made
available to the sEate. Supervisor Winston stated. that there is talk about
cutting red .tape and SB 3270 does riot accomplish this.
Page 169.
March 5, 1979
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March 6, 1979
Supervisor Wheeler stated that she has personally been involved
in law enforcement. If given time, she could substantiate what has happened
and the good coming from the program.- The letter was asking the county to
take action to say what they wanted from the program. Congress will take
action to reauthorize the program. Crime and criminal justice. are still
the highest priorities. .There will"still be time for Butte County
to decide as to what they are willing to participate.
Supervisor Winston stated that he was not in general agreement
with the program. There is a great deal of boondoggling in the LEAA
program. He has seen efforts put forward and a great amount of. money and
he has seen very little accomplished. Money is being made available
today and is only representative of about 4% of the total amount of
money involved.
Chairman Lemke felt that the county would be given a chance
to say whether they wanted to participate iu the program at a later date.
If the county says they do not want to participate in the program at the
present time there would be no chance for input.
Supervisor Moseley did not feel that she could support the
LEAA program.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and carried, Butte County will be involved in the LEAA reauthorization
legislation (S 241} with the following limitations:
1. Reduction of requirements on local government that increase
costs for planning and administration.
2. Sufficient money to cover all costs of local planning and
administration.
3. Eliminate matching requirement for local governmental action
projects with these recommendations not to commit Butte County to
participate in the program at a later date.
AYES: Supervisors Dolan, Wheeler and Chairman Lemke
NOES: Supervisors Moseley and Winston
RECESS: 10:05 a.m.
RECONVENE: 10:15 a.m.
PUBLiC HEARING: DAVID L. SULLIS - PETITION FOR VARIANCE TO SECTIONS 19--10
AND/OR 19-12 OF THE BUTTE COUNTY CODE FOR PLACEMENT OF A MOBTLE HOME AT
7129 PENTZ ROAD, PARADISE, AP 50-04-31. ZONING:"A-2 LIMITED"
The public hearing on the David L. Bu11is petit~.on for
variance to Sections 19-10 and/or 19-12 of the Butte County Cdde for
placement of a mobile home at 7129 Pentz Road, Paradise, AP 50-04-31,
zoning: "A-2 limited" was held as advertised. Lynn Vanhart, environmental
health director, set out the background of the petition. It is 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 Sections 19-10 and/or
19-12 of_the Butte County Code for placement of a mobile home at 7129
Pentz Road, Paradise, AP 50-04-31, zoning: "A-2 limited" for David L.
Bu11is was approved for a period.•of one year.
Page 170. March 6, 1979
March 6 L 179
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PUBLIC HEARING: DARYL CLARK - APPEAL OF DENIAL OF SEWAGE SYSTEM PERMIT BY
ENVIRONMENTAL .HEALTH DEPARTMENT
The public hearing on the Daryl Clark appeal_of denial of sewage
system permit by the Environmental Health Aepartment was held at this time.
Hearing open to the public.
The .hearing was continued to later in the meeting.
406
PUBLIC ,HEARING EDEN PINES UNIT N0. 2 - APPEAL DENTAL OF PROPOSED NEGATIVE
DECLARATION AND REVISED TENTATIVE SUBDIVISION MAP, SIX LOTS, WEST SIDE OF
PENTZ-MAGALIA HIGHWAY, SOUTH SIDE OF GATE LANE, PARADISE, AP 50-01-48
The public hearing od the Eden Pines Unit No. 2 appeal of denial
of proposed negative declaration and revised tentative subdivision map,
six lots, west side of Pentz-Magalia Highway, south side of Gate Lane,
Paradise, AP 50-01-48 was held as advertised.
Earl Nelson, environmental review director, set out the background
of the negative declaration. The appeal does dot involve any environmental
concerns. It is an appeal of denaal of a map. The Board must go through
the environmental decision. A11 check marks indicate no significant effects.
Clay Castleberry, public works director, set out the background
of the subdivision map. There is little likelihood that Pentz-Magalia
Highway will be widened. The applicant has asked that the one parcel
fronting on Pentz-Magalia Highway be left off the map. By doing this
it would be a. .43 acre parcel that is described as meets and bounds.If
the Board should find that the improvements are not needed, this parcel
should be a part of the subdivision map. This would not be a proper use
of for the not apart of. This is generally used for larger parcels. He
felt that this parcel should be apart of the subdivision because of
ownership. He also felt that the improvements should be guaranteed on
Pentz Road.
Hearing open to the public. Appearing:
1. Andy Whippler. He went along with every recommendation Clay
made. He did not feel that the bond deposit for $7,000 for improvements
along Pentz Road should be required as the entrance would not be off of
Pentz-Magalia Highway. If the one parcel is left off the map, he can
maintain the "A-2" zoning along Pentz. That would keep Pentz Road as it
i5.
Supervisor Winston stated that the Board took action on this
map on January 23, 1979. The improvements on that lot would be delayed
providing it not be places on the map to require. That changed earlier
requirement that the bond was required. The Board agreed that the parcel
would be part of the subdivision but there was agreement to not require
any improvements until the lot is developed. The lot will be part~of the
Subdivision and yeC the improvements will not have to be put .in until
sometime down the road.
2. Gary .Lippincott. Mr. Lippincott stated that he took
exception to the last condition. If someone were to~apply for a building
permit, with the conditions imposed .by .the .Board, they would have to
construct improvements on Pentz-Magalia Road. The improvements would amount
to $7,300. He would like to see that Iot contained within the subdivision.
He did riot feel that the time for improvements was when a person applied
for a building permit but whed the entire road is widened. He felt that
a covenant would be the way to go for the road improvements. The road
in the subdivision has differe_n[ conditions on it. The total property
page 171.
March 6, 1979
79i
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__ March 6Lly7~~________ ____
is. in the "A-2" zoning. One of the conditions is to pursue zoning. He
would much rather go back to the original map.
Chairman Lemke felt that Pentz-Magalia Highway would not he
widened for a number of years. He wondered if the covenant wouldn't .be
sufficient rather than a note on the map.
Supervisor Winston stated that the Board had been advised that
the covenant could only be used for parcels of four or less. If the
parcel is left out of the subdivision, it would be the same as having a
covenant on the parcel.
Mr. Lippincott stated that financial considerations are the
reason for this request. If the improvements were required at the time
the county put in the improvement the financial requirements would be different.
They are not objecting to putting. in the improvements. They would like
to put the improvements in at the time the county were to do the entire
road. This would be the proper time for the improvements to be placed
on the parcel. He would like to sign a covenant.
Mr. Castleberry stated that if the parcel is left out, there
would have to be another subdivision map filed on that parcel before
it would be a legal parcel. Everyone agrees that this parcel should have
been part of the subdivision map.
Chairman Lemke felt that the parcel should be included in
the subdivision map. He felt that a covenant would be the requirement
needed to remove the note from the map.
The matter was continued to March 27, 1979 at 10:00 a.m.
407
PUBLIC HEARING: R. K. BLASINGAME - APPEAL OF NEGATIVE DECLARATION AND
REZONE FROM "A-5" (AGRICULTURAL - FIVE ACRE PARCELS) TO "R-1" (SINGLE
FAMILY RESIDENTIAL) PROPERTY LOCATED ON THE EAST SIDE OF TONES AVENUE
APPROX. 300 FEET NORTH OF DURHAM-OROVILLE HIGHWAY, IDENTIFIED AS
AP 40-18-40, DURHAM
The public hearing on the R. K. Blasingame appeal of negative
declaration and rezone from "A-5" (agricultural -five acre parcels) to
"R=1" (single family residential) property located on the east side of
Tones Avenue approximately 300 feet north of Durham-0roville Highway,
identified as AP 40-18-40, Durham was held as advertised.
Earl Nelson, environmental review director, set out the
background of the negative declaration. The main environmental effects
;could be the question of urban development versus the preservation of
agricultural lands. In making a recommendation for a negative declaration
he looked at the proximity of the commercial area in Durham and looked
at the general plan wt4ich is residential, one to four units per acre.
Phere are some physical environmental problems. The question of the
effect on surrounding agricultural land is still a question the neighbors
are concerned about. He suggested that if in fact this area is not suitable
for urban development the General Plan should be looked~at. The existing
3eneral Plan weighed heavily in .their decision. There is a potential
for 25 to 30 residences and it appears that a1T the environmental concerns
are solveable, except for the preservation of agricultural land.
Bettye Blair, planning director, set outi the background of
the rezone. The Board has received copies of staff findings and the
Manning Commission minutes. As stated by i+Ir. Nelson they do have problems
with the General Plan. The staff recommendations noted the subject
Page 172.
March 6, 1979
_ _ _ _ _ _ _ _ _ - - = March ~ ~ ~~ ~ _ _ _ _ ~ ~ ~ ~ ~ W
property, even though the density is low density residential, was not
revised and the Commission could riot find properly that they could
further urbanize that area. This decision was appealed.
Hearing open to~the public. Appearing:
1. Ron Graves, representing R. K. Blasingame. Mr. Graves
stated that he did go over and looked at the area. This area is only
about 600 feet from the center of Durham. It is about 500 feet east of
Highway 99. In this particular area from Durham Oroville Highway on
.Tones Avenue there are about 16 homes on a strip of land. He set out r
the area at this time. The average acreage in the area is 6.67 acres.
He did not think that 6.67 acres were prime agricultural land. This
property is a very old orchard. The owners would like to take and
utilize the property. It is zoned "A-5" and the General Plan calls for
residential. He asked that the property be zoned "R-1" and this would
be consistent with the General Plan and consistent with the land use in
the general area. The amount of parcels would depend on septic, soil
and water needs. If the area was divided into one acre ,parcels, you
could probably get eight or nine parcels with streets.,
2. Dan Balwax~Ir. Balwar preseted a petition to the Board
in opposition to the rezone. They felt that it is in direct conflict
with the existing agricultural practices of spraying etc. The average
that Mr. Graves presented of 6.67 acres is not in conflict with the
existing zoning.
3. Vin Wheelock. Mr. Wheelock opposed the rezoning. There
could be a halt to spraying if homes are allowed to come too close to
agricultural .land.
4. Larry Merlow. Mr. Merlow stated that he lives about 1-1/2
Hiles from the property. He was against any kind of subdivision in
agricultural property. He felt that the property should be left in
agricultural land. The farmers are now restricted on use of certain
naterials as a result of people building homes to close to agricultural
Land.
5. R. K. Blasingame. Mr. Blasingame took exception to the
=armer next to the subdivision. The airplanes fly around their homes.
anyone who builds in the area accepts a-gricultural practices. The Board
ias already approved one place 300 yards for a small parcel for the
)urham Pump Shop.
6. Mr. Ancohenus. Mr. Ancohenus stated that he was opposed
:o the rezone.
7. Ron Graves. Mr. Graves stated that the praperty is only
.00 feet from Durham and 1,000 feet from the school.
8. Mr. Balwar. Mr. Balwar stated that the subdivision will
iot affect his farming operation. It is a precedent that will be set.
a is a wedge to start development on the east side of Durham.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Dolan, seconded by Supervisor Winston
.nd unanimously carried, the rezone was denied.
Page 173.
March 6, 1979
4a8
PUBLIC HEARING: MYER5 STREET ASSESSMENT DISTRICT N0. 1 - CONSIDERATION OF
ENVIRONMENTAL IMPACT RESORT
The public hearing.ori the Myers Street Assessment District No ..1
consideration of environmental impact report was held as advertised.
Earl Nelson, environmental review director, set out the bac~Cground
of the environmental impact report. There are 47 acres involved. He
set out the area at this time. The area has a number of industrial uses
existing. The improvements needed are for drainage and roads and sanitation.
The proposal is to form an assessment district for the purpose of developing
streets, etc. There is a request for "M-2" coning and two subdivisions
pending that will be .using this SIR. The first thing needed. is for the
Board to hold the hearing on the draft SIR. The Board should then make a
decision on the project to start the statue of limitations. There. will
be an increase in traffic, an increase in runoff and offsite drainage.
There will the removal of 24 acres of prime soil and a loss of orchards.
He did not feel that there are any affects that would be termed significant.
Supervisor Winston stated that he noticed several comments by
students regarding this SIR. He wondered if the county could look forward
to continuances of the ETRs being used for classroom study with answers
that have to be done by the Environmental Review Department.
Mr. Nelson stated that his office is obligated to respond to any
comments that are received. In the future when these types of comments
come in he will discuss the matter with the instructor.
Hearing open to the public. Appearing: No one.
Hearing closed to the public and confined to the Board.
On motion of Supervisor Wheeler, seconded by Supervisor Dolan
and unanimously carried, having reviewed the contents of the draft
environmental impact report, the comments received thereon, and the
responses to those comments the final environmental impact report was
certified to have been completed in compliance with the State
EIR Guidelines and the Butte County Environmental Review Guidelines.
It waS moved by Supervisor Wheeler, seconded by Supervisor Winston
that based on the Board's own knowledge and research and on information
presented to the Board concerning this project, including the environ-
mental impact report which was considered in arriving at a decision, the
project be approved, finding that this approval is not expected to result
in significant adverse environmental effects.
Del Siemsen, deputy county counsel, stated that he was not
aware that the Board was considering the project at this time.
Motion withdrawn.
409
PUBLIC HEARING: DARYL CLARK - APPEAL OF DENIAL OF SEWAGE SYSTEM PERMIT BY
ENVIRONMENTAL HEALTH DEPARTMENT
The public hearing on the Daryl.Clark appeal of denial of sewage
system permit by Environmental Health Department was held of this time.
Lynn Vanhart, environmental health director, stated that he is
not really sure what the problem is. The Clark`s were issued a permit
to build a..home on September 14, 1978. In December, 1978 a review of
a parcel map to divide revealed a :.50 foot setback from the well for the
septic system. The plot plan for the original building showed the well
adjacent and showed a 50 foot .setback. For some reason his staff overlooked
Page 174. March 6, 1979
79~
3
March 6, 1979
the 100 foot setback. When this was discovered in the _parcel map, it was
brought to the owners attention that the required setback .was 100 feet.
They .were notified-that they could proceed and there was adequate room to
install the iciitial system. Space is available on another part of the
lot.- He thought that the problem was resolved. He notified them that it
was unlikely that the parcel map could be approved. The well was installed
prior to the necessity for a permit. Mr. Vanhart stated that the letter
to the builder pointed out the setback difference. The replacement area '
will have to be aczoss the street. Zt is difficult but could be done.
Hearing open to the public. Appearing:
410
1. Marguerite Smith. Ms. Smith responded to the comments.
The building permit provides for a 50 foot setback. The well was not
overlooked. The setback was done after a meeting with the Environmental
Health department, the enginner, the builder and the client. The notification
of the difference iri the setback was received after 787 of the building had
been completed.
2. Ken Baker. Mr. Baker stated that the permit has not been
revoked. It is a 50 foot permit. The only problem is that now the
county wants a 100 foot setback which will require Mr. Clark to go onto
the adjoining one acre parcel which he is wanting to split. The permit
was issued to leave room for 240 foot replacement and to stay 50 feet
from the well. The cost would be an additional $1,500 to pump into the
additional parcel septic lines that have not been installed.
Mr. Vanhart stated-that the ordinance requires a 100 foot
setback from any well. The requirement on the permit is in erroz.
once the error was discovered the person was notified. The house was
under construction at the time they discovered the error. The well is
not in use at the present time. This was dug for future use.
On motion of Supervisor Winston, seconded by Supervisor Moseley
snd unanimously carried, exception was granted to-Daryl Clark for ~-..
installation of aseptic tank system in accordance with the plot prepared
~y Backman Engineering and approved as noted'in late August, 1978.
;XECUTIVE SESSTON: The Board recessed at 11:40 a.m. to hold an executive
session regarding personnel matters.
3ECONVENE: The Board zeconvened following an executive session at 12:10 p.m.
to discuss personnel matters. Instructions were given to
Personnel for meet and confer.
~.DOPT PROGRAM FOR BUTTE COUNTY SENIOR CITIZENS PLAN
Mr. Hal Bishop was present to discuss the plan for the Butte
county Senior Citizens. Mr. Bishop set out the membership of the Council
at this time. There is good feedback from all of the senior organizations
vithin the county. Mx: Bishop asked tfiaf the Board approve the plan.
Ct is so unique that it could be a model program for_rural counties.
2r. Bishop set .out the steps he has. taken to coordinate the program with
.he county departments and others outside of the county. They are planning
~n three region :multiple centers, one in Paradise, Chico and Oroville.
Chey are also hoping to develop satellite centers around the county.
Cf this plan is adopted;. the county is in a good position to go to the
)epartment of Aging to ask for financing.
On motion of Supervisor Winston, seconded by Supervisor Wheeler
ind unanimously carried, the plan entitled the program for Butte County
senior citzens was adopted. Page 175.
March 6, 1979
March 6;1979 - _ _ _ _ _ _ _ _ _ ~ ~ ~ T
411
APPEARANCE: EMILY FORTIER.
Mrs. Fortier stated that several years ago they. lost-over ten
acres of trees to herbicide damage. There are actual herbicide drift
problems in Butte County. She read a resolutian that she would like to have
the Board adopt. This is in regarding to the banning of MCPA in Butte
County.
Chairman Lemke advised that Supervisor Dolan is trying to get
all of the people involved in the problem together for a meeting.
This would be done before the program take off so that monitoring can be
done.
4I2
FINDING MADE THAT A VESTED RIGHT WAS ACQUIRED BY RIGHT THAT ALLAN THOMPSON,
CHICO APPLIED FOR A BUILDING', :PERMIT IN DECEMBER, .1978 BEFORE ZONING WAS
ESTABLISHED AND THAT USE PERMIT IS NOT NECESSARY
Allan Thompson was present because of the recent change of
zoning north of East Avenue from"A-2"to "A-R". On Deceeber 29, 1975 he
applied for a building permit for four units. Yesterday he was advised
that he could not have more than two buildings on his property. He was
advised that he might have to apply for a use permit because the zoning
had been changed. Last September, he was concerned about how long it would
take to have his project approved. He is not a full time builder and set
aside January to June to work full time on the building. It was felt that
the Building .Department would only take about three weeks to get approval.
He was told at the Building Department that it would take about three weeks.
After that he was told that the building would have to be connected.
He filled out the letter to Water Resources and to Envromental Review.
He is still waiting. He has gotten the clearance from Water Resources.
Now he has been advised that he must go through the use permit process.
If a use permit was required he should have been informed of that immediately.
Del Siemsen, deputy counsel, stated that he was aware of the
problem. In view of the fact that zoning took place on January 2, 1979,
he is asking for approval of a nonconforming use. Having submitted for a
building permit on December, 29, 1978 did not give vested rights for a
nonconforming use. When the new zoning took place, he was subject to
the use permit procedure. The Board cannot create a nonconforming use.
Supervisor Winston asked"what could be done to expedite the
process for Mr. Thompson.
Mr. Siemsen stated that Mr. Thompson has the option to apply
for a use permit.
Bettye Blair, planning director, stated that the use permit is
subject to environmental determinat. If that were expedited, she could
take the matter to hearing in three weeks.
Mr. Siemsen stated that applying for a building permit did not
give vested rights.
On motion of Supervisor Winston, .seconded by Supervisor Wheeler
and carried, finding that a vested right was acquired by right that the
permit was applied for in December 1978 before the zoning was established
and on the basis of the finding that there are unmitigated and extenuating
circumstances in this.. application and he should be allowed the building
permit. AYES: Supervisors t4oseley, Wheeler, Winston and Chairman Lemke.
NOES: Supervisor Ao1an.
Page 176.
March 6, 1979
7S
413
414
415
416 I
March Si ~ '1979 = _ _ _ _ _ _ _
PUBLIC HEARING. DATE SET
A public hearing date of March.27, 1979. at .10:15 a.m. was set
for consideration of Ron Graves & Associates, an behalf of .Russell Guiver,
request for exception of three conditions for the planned area cluster for
the Oaks Mobile Home Park lncated on the south side of Olive Highway, east
of Wyandotte Miners Ranch Road, Oroville.
APPEARANCE: MIKE IRELAND: AUTHORIZE PUBLIC WORKS TO MAKE FORKLIFT AVAILABLE
FOR FEATHER RIVER CENTER IF FUNDS ARE AVAILABLE WITH REVENUE SHARING FUNDS
ALREADY ALLOCATED
Mr. Ireland, chairman of the Senior Citizens Feather River Building
Commute, was present to ask that the Board allow them to use the forklift
for their building at 1355 Myers Street. The labor is volunteer labor and
most of the material has been donated. They cannot find a forklift that
is small enough' to do the work they need to do.
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, Public Works was authorized to make the forklift
available for the Feather River Center if funds are •available from their
revenue sharing allocation of $20,000.
REFER RON GRAVES & ASSOCIATES, ON BEHALF OF RUSSELL GUIVER, REQUEST FOR
EXCEPTION OF THREE CONDITIONS FOR PLANNED AREA CLUSTER FOR THE OAKS MOBILE
HOME PARK TO PLANNING COMMiSSIOn: RESCIND ACTION SETTING PUBLIC HEARING
DATE OF MARCH 27, 1979
Del Siemsen, deputy county counsel, stated that the Board had
set a public hearing date for the Russell Guiver matter. At the time a
planned area-cluster zoning is approved there is an accepted plan unless
there are minor deviations. The Board must determine whether they request
constitutes a minor change and if not the Board will have to refer the
matter back to the Planning Commission.
The public hearing date that was set was rescinded and
the matter was referred back to the Planning Commission.
COMMUNICATIONS
Lloyd A. Madsen, Chico. Mr. Madsen writes supporting additional snow plowing
in Butte Meadows. Information. ,
Jerry Smith, et al, Butte Meadows. A letter containing three signatures
has been, received supporting ,additional snow plowing in the Butte
Meadows area. Information.
Ron Graves & Associates, Oroville. The Firm, on behalf of Russell Guiver,
requests the exception of three conditions for the planned area
cluster for the Oaks Mobile Home Park located on the south side
of Olive Highway, east of Wyandotte Miners Ranch Road, Oroville.
Matter handled earlier in the meeting. Referred to Planning
Commission.
Butte County Committee for Employement of the Handicapped. The Organization
writes requesting that a Board member be designated to join their
committee. See motion following communications.
Mike and Bonnie Evans, Oroville. The Evans write concerning road maintenance
on Hurleton Swedes Flat Road. Referred to Public Works.
Irene Byers, Paradise. Ms. Byers writes concerning drainage waters from
the Paradise Bowi properties in Paradise. Referred to Public
Works.
Page 177.
March 6, 1979
=W =__-W=___= March6,=1979__________________
aradise Municipal Advisory Council. Paradise MAC forwards information
for finalizing the proposed tree conservation ordinance. Referred
to Public Works and Counsel for comments and to bring back to the
Board.
79
a
417
Jones, Brown and Clifford, attorneys at law. The attorneys, on behalf of
Ronald Hiteshew, forward a claim for damages in personal injury
in the-amount of $60,000 as a result of alleged injuries occurring
on January 16, 1979. See motion following communications.
City of Chico. The City Manager writes concerning maintenance .work for
County Service Area 24 and suggests meeting for the purpose of
discussing methods for properly funding the area. Supervisors
Dolan and Wheeler appointed to meet with the City of Ghico.
State Board of Forestry. The Board writes requesting that they be notified
of requested rezonings out of the timberland preserve zone classi-
ficiation. Referred to Planning Department.
U. S. Department of Labor. The Department writes concerning their assessment
of Butte County's performance for the first quarter of 1979 for
various CETA programs. Discussed; These items have been covered
in a letter for Chairman's signature.
APPOINTMENT OF SUPERVISOR MOSELEY TO BUTTE COUNTX COMMITTEE FOR EMPLOYMENT
OF THE HANDICAPPED
On motion of Supervisor Winston, seconded by Supervisor Dolan
and unanimously carried, Supervisor Moseley was appointed as a member to
the Butte County Committee for Employment of the Handicapped.
41$ REJECT CLAIM - RONALD HITESHEW
On motion of Supervisor Moseley, seconded by Supervisor Winston
and unanimously carried, the-claim of Ronald Hiteshew for damages in personal
injury in the amount of $60,000 as a result of alleged injuries occuring on .
January 16, 1979 was rejected and referred to Counsel and Risk Management
Coordinator.
419 APPROVE SENDING OF LETTER TO APPROPRIATE SENATE COMMITTEE, SENATOR JOHNSON,
AND ASSEMBLYMENT CRAPPIE AND STATHAM IN OPPOSITION TO SB 681 GREEN REGARDING
BANNING OF AGRICULTURAL BANNING AND REQUIREMENT FOR $3 PER ACRE FEE FOR
STUDYING DISPOSAL OF RICE STUBBLE
On motion of Supervisor Winston, seconded by Supervisor Moseley
and unanimously carried, a letter is to be sent to the appropriate Senate
Committee, Senator Johnson, and Assemblyment Chappie and Statham in
opposition to SB 681 Green regarding banning of agricultural burning and
the requirement for a $3 per acre fee for studying of disposal of rice
stubble, and the Chairman authorized to sign.
420 AUTHORIZE RELIEF FROM ACCOUNTABILITY - DATA PROCESSING
On motion of Supervisor Winston, seconded by Supervisor Wheeler
and unanimously carried, relief from accountability for Data Processing
was authorized for the .following:
County Asset No. Description Acquisition Date
2911 Wood desk 1970
4556 Book Shelf 1960
4466 Book -Shelf 1955
Page 178.
March 6; 1979
_ _ _ _ _ _ _ - - - _ - March 6,=1979 = _ _ _ _ _ _ _ _ _ _ _ _ - - - _
79 AD.TOURNMENT
'~ There being nothing further before the Board'aE this time, the
meeting was adjourned at 1:05 p.m: to reconvene on Tuesday, March 13, 1979
at 9:00 a.m.
ATTEST: CLARK A. NELSON, COUNTY CLERK - }
RECORDER and ex-officio Clerk
of the Board of Supervisors ~ ;' ~
BY 'tom-~G! /'(~C.~[w- Chairman, Board of Supervisors
Page 179.
March 6, 1979