HomeMy WebLinkAboutM042776~ i r
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April 27, 1976
STATE OF CALIFORNIA )
SS.
COUNTY OF BUTTE )
The Board of Supervisors met at 9:00 a.m. pursuant to adjournment.
Present: Supervisors Ladd, Madigan, McKllop, Richter and Chairman Cameron.
Clif Miekelson, Administrative Officer; Dan Blaekstock, County Counsel, and
Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors CleElc .
Pledge of allegiance to the Flag of the United States of America
76-630 APPROVAL OF MINUTES
On motion of Supervisor Mc Ki llop, seconded by Supervisor Madigan
and unanimously carried, the minutes of April 20, 1976 were approved as
mailed.
76-631 COMMUNICATIONS
Bonnie E. yer, od and. Ms. Moyer appeals the action taken by the Planning
/3,OD Commission approving the application of Carl Hecker for a use permit to
allow an auto dismantling yard in Clipper Mills. Discussed apd set
for hearing on Ma II, 1976 at 1:30 p.m.
Butte County Housing Authority. The Commission advises that the teen of Howard V.
Hamer expires on May Ib, 1976 and requests that Mr. Hamer be reappointed
7 L~''~~ for another four year term. Discussed and put over for one week at the
request of Chairman Cameron.
Area 2 Developmental Disabilities Planning Bvard. The Board advises that Mr. Milton
LeCouteur's term wi I I expire on June 30, 1976 and asks that the Board either
'/jl D•G~ reappoint or replace Mr. LeCouteur lefore his term expires. Administrative officer
to list duties of this Board. Put over one week and to be placed on agenda as item.
Chico Community pay Care Center. The Day Care Canter requests the transfer of
excess county property to their organization. Equipment requested consists
of a piano, manual typewriter, adding machine, paper holder, freezer, and
d~' triple sink. Discussed; Administrative Officer to report back on the use of the
surplus equipment. No action taken at this time.
Butte County Legal Services, Inc. The Firm, an beholf of Charles W. Guenther, Jr. files
~,~ a claim in the amount of $209 for personal property which was lost while
~ o a • he was incarcerated in the Butte County Jail. See motion fallowing
communications.
Bach and Bach, Attorneys at Law. The Firm files claim an behalf of Andrew Martin Taylor,
Mary Toylor and CoFherine Hutek regarding personal injuries, denial of
7 p D • L~ civil rights, and mental and emotional dist~ss, etc. See motion following
communications.
~ Golden Feather Union School District. The District sends notice that they have
1 f 2S rescinded a prior action adopting a Conflict of interest Code. Discussed;
County Counsel to report back an this matter.
City of Gridley. The City requests that funds be included in next years budget for
construction of o new County Library in Gridley. Discussed; no action.
$~°'°~
Page 277.
April 27, 1976
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City of Gridley. The Ciry writes concerning problems encountered on Hazel Street
o p in Gridley adjacent to the Fairgrounds. Discussed; Supervisor Ladd will
'7 T'~ ~ talk to tlia City of Gridley and Fair Board and will bring back to the Board.
State Office of Planning and Research. The Office sends notification that the
a Housing and Urban Development 701 Grant Application concerning the
0 ' O Eden Ridge Trail Development Study has been rated too low for initial
funding. No action taken.
McCain & Associates. Appeal of Planning Commission's determination that an
Environmental Impact Report is required for the Country Acres
/ f 3.0~ Subdivision. Set for hearing on May II, 1976 of 2:00 p.m.
Glen County Board of Supervisors. They go on record as suppofting this County's
~ 0 ~ , G ~~ position requesting continuation of total Federal funding for the Indo-
chinese Vietnamese) Refugee Program. Inforrra Lion only.
Treasurer's Office. Application for Auctioneer's License For James A. Cooper for
/ J ~ •~y auc~lons to be held at Nord. See motion following communications.
Air Resovrces~6oard; Copy of Executive Order H-35 which grant Board approval of Chapter 3,
3as,d~ Section 3-Il.2(I,r) of the rules and regulations of the Butte County Air
Pollution Control District. Information.
Carl Albert, The Speaker, U.S. House of Representatives. Writes concerning
County's communication expressing support for H. R. 12987, the Employment and
0 $ • ~~ Training Act Temporary Extension. Would provide for a three month extension
of certain provisions of the Comprehensive Employment and Training Act.
Referred to Jim Rackerby, Personnel Director.
Metal Air, Inc. This pertains to a personal property bill he became aware of a couple
of weeks ago, for personal property tax for the year of 1965. Supervisor Madigan
stated he had talked to the Treasurer about this letter. This problem was
JL,O a ~ inherited from the previous Tax Collector. Collection proceedings explained.
j Interest and penalty is requested to be waived. Mr. Blockstock will check on
this matter and will report back to the Board.
76-632 REJECTION OF CLAIM: CHARLES W. GUENTHER, JR.
~~
On motran o pervisor i op, secon y Supervisor Richter and
unanimously carried, the claim of Charles W. Guenther, Jr. in the amount of $209 for personal
property which was lost while he wos incarcerated in the Butte County Jafl was rejected
on the grounds that it was not timely filed.
76-,633 REJECT CLAIM OF ANDREW MARTIN TAYLOR MARY TAYLOR ~ CATHERINE HUTEK
n mot ono uperv sor op, secon e y pervisor gin an
unanimously carried, the claim of Andrew Martin Taylor, Mary Taylor and Catherine
Hutek, for personal injuries, denial of civil rights and mental and emotional distress,
in the total amount of $300,000 was rejected an the grounds that it was not timely
filed.
76-634 .APPROVE AUCTIONEERS APPLICATION FOR LICENSE: JAMES A. COOPER
On motion o Supervisor , secon e y pervrsor t op an
unonimously carried, the auctioneers application for license Filed by James A.
Cooper was approved to conduct auctions at Nord, California and the Bond was
approved for filing with the County Clerk.
76-635 LETTERS OF COMMENDATION FOR SWIMMi1NG & TRACK TEAMS
C airman Cameron sal tat ast wee t e Board ton action on setters of
commendation , but they forgot to vote on the action. One rws for a letter to the
Chico University for their fine swimming team and ro Butte College for their track
team. A letter of commendation was given to Chico State University Iasi night by
Chairman Cameron For their swimming team.
Page 278. Apri 127, 1976
76-636 COMMUNITY ACTION AGENCY GOVERNING BOARD
AUTHORIZE SIGNATURE CARD
Recent c anges in treasury regulations requires that recipients of
governmentfwnds provide for the submittal of authorized signature cards for payment vouchers on
tatters of credit to release grant funds. Discussed.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the Butte County Auditor and assistant Auditor was authorized,
as individuals, to draw on letters of credit as requested above.
76-637 APPROVi: GOVERNORS 4•°/a DISCRETIONARY FUND GRANT REQUEST
grant app canon as en prepare c wou request , 75 to
employ 28 Youths for 14 months in the Butte County E.O.C. Housing Improvement
Program. The program would work through the County Manpower Office. Discussed.
On motion aF Supervisor McKlllap, seconded by Supervisor Madigan and
unanimously carried, the Grant application was approved and the Chairman was
authorized to sign.
76-638 APPROVE C.E.T.A. VOCATIONAL EDUCATION GRANT
A grant p an as en approv y t e npower Planning Council providing
for the county to administer the C.E.T.A. vocational education program through both
financial and non-finoncial agreements with the State Department of Education. A grant
of !;86,690 For the new fiscal year will permit the Manpower Office to administer or
contract out various vocational triining programs for C.E.T.A. participants. Discussed.
.iim Rackerby, Personnel Director, explained the training.
On motion of Supervisor Ladd, sewnded by Supervisor Madigan and
unanimously carried, the financial and non-financial grant agreements were approved
and the Manpower Director was authorized to sign.
76-639 WAIVE SECOND READING: ADOPT ORDINANCE 1710 AMENDING SALARY
ORDINANCE
On motion of Supervisor McKillap, seconded by Supervisor Richter and
unanimously carried, the second redding of the salary ordinance amendment that adds
an additional assistant civil engineer position to the Public Works Department was
waived ;.Oraindnce'iNo: 1710 amending~alary ordinance adopted and the Chairman
authorized to sign.
76-640 ADOPT SOUTH OROVILLE PRELIMINARY PLAN
ut Orovi a re iminary an was mai ed to Board members last week
for review. It has also been reviewed by County staff and the Community Development
Advisory Committee. The Committee, at its April 22, (976 meeting, unanimously
aspproved the plan and Forwards their recommendation for adoption, including the
addendum regarding eligibility for the rehabilitation program. Discussed.
On motion of Supervisor McKillop, seconded by Supervisor Richter and
unanimously carried, the south Oroville Preliminary Plan was adopted.
76-641 BUDGET TRANSFERS APPROVED
Bu get transfers iscussed.
On motion of Supervisor Ladd, tewnded by Supervisor AAcKillop and
unanimously corried,•the•foiFovt~rg'ba3dgatrtsaPsfeisLwe~,mppinvedi~!:~!1= = _:' ~'
B-~ District Attorney. Transfers ~5~ from jug and iri.~ness expsnaes
to equipment maintenance brought about ~ unanticipated increases is scainteasnce
costs and transfers X390 into other transportation and trayeY xithia the FamiiZ
Support Division; funding aourcea are X88 ~m the reserve and ~S2b2 i'rom unantic-
ipated revenue-federal aid - D.A. child euppart.
----~~ April 27, 1976
Page 279
__--~... ==L"C=-~~L ~ ~C~ C C CL^Gtts CL G W a-~ T~ -~ ~-Cis L"
~~ ~5upplement_e7. ver Pro¢rem. Transfers.$59,826.89 between nvstarous
subgrantee sgenciea within the CEPA Title IY sad Title VI Progra~as ia.order to
recoup lapsed funds aubgraataes and to adjust allocations as necessary by subgraatee
modifications during the period January 1 through March 37-, ].976.
B-168 Recorder.- Transfers $4,165 from the reserve to office expense because
of increased coat of supplies, increased, number of copies. and film developing
services.
8-16, Chico Marshal. Transfers $275 from the reserve to clothing sad personal
supplies in order to cover budgetary deficiency caused ~f unanticipated increase in
the cost of personal clothing and safety equipment.
8-170 Board o£ Supervisors. Transfers $1,700 from extra help to oth9r trans-
portation and travel brought about by increased travel end attendance at vario~.is
meetings.
8-171 Paradise Justice Court. Transfers $1,000 from the reserve to nro-
fesaionat and specialized aervicea because of the increased numbsr of court appointed
attorneys during the year.
B-172 Fire Protection. Transfers $6,000 from Scheduls A (State contract} sad
~6,50Q from major maintenance within the regular fire protection budget, with $6,000
geing to special departmental expense and $16,500 going to transpo~c-Cation ezi travel
within the volunteer fire program. This is an appropriation transferred to cover
cost of equipping and reimbursing expenses of the increased volunteer firemen program
for the Upper Ridge County Service Area No. $3 Station. (Infornation anc2osed)
$-1~ Assessor. Transfers $3,000 from office expense to professional anc}.
specialized services brought about by litigation requiring retention of attorneys
that__were unanticipated at the time the budget vas prepared. (Information enclosed}
•8-1~7 , Refuse Disaosal, Transfers $22,200 from he reserve, with $2,500 going
to refuse hauling Ord Ranch; $11,000 to refuse hauling Orovilla Dump, and $8,7x0 to
refuse hau~.ing/rural dumps. This is a cont'irming transfer pursuant to minute order
76-1,.55 and reflects a reduced amount from $30,000 to $22,200 based oa an examination
of currant and anticipated expenditures.
8-176 Gridley Justice Court. Transfers $200 frcm professional and specialized
sPrrices to office expense which .reflect an increase cost of supplies from when the
cvrrdnt budget was prepared.
B 177 Health Services A enc This transfer reflects the consolidation of the
Health Services Agency budgetary unite hY combining Health Services Administration,
Business and Fiscal Services, and Educational Services into one single budget unit;
and combines the following Mental Health Program budgets with the Mant37. Health Ganr7rai.
Services budget Wait: Community Services, cut patient services, 2l~ hour acute care
and 24 hour residential ears. This consolidation will result in ao change in the 1
overall budget for the Health Services Department. (InPorccation enclosed}.
76-fd2 DISCUSSION: FARMERS HOME ADMINISTRATION GRAM AND LOAN ~
The Housing Authority requests option of o reso ut on approving a
Fanners Home Administration grant and loan for the Farm Labor Center. Grant is in the
amount of X495,000 and the loan for $55,000, for a total of $550,000.00.
Red Melton explained what the funds would be used for; it is an extension of
the grant approved several years ago. Matter put over one week so that Mr. Melton could
list the items and the proposal for use of the funds.
Mr. Melton referred back to a letter written to the Board concerning
appointments to the Housing Authority. He explained the appointments; there has
to be bona fide tenants on this authority. Appointments put over at this time.
76-643 APPROVE PURCHASE OF JAVELIN -950 LOANER CAMERA FOR JAIL
Arcs Equipment Company as odvls t S riff t at it wi cost $234 .00
to repair a camera That viewed the wurtyard to the rear of the sail. The company
stated that they would sell the loaner camera currently being used as a replacement
for the same amount. The Sheriff requests approval to purchase this loaner For
X234 with funds remaining in the balance of the Incarceration Division's fixed asset
account. _
age April 27, 1976 -•-^~~---
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Ctn motion of Supervisor Richter, seconded by Supervisor Ladd and
unanimously carried, purchase of Javelin~9501oanor oamora for X234 was approved
from balance available tin account b3,004Q{the incarceration Aivision.
76-644 AUTHORIZE LETi'ER YO BE WRITTEN: REALLOCATION OF SERVICE FUNDS;
WELFARE f)EPARTMENT
The Welfare Department has recently been advised of a downward reallocation of
homemaker/chore service funding. The Welfare Director is requesting the Board direct
a letter to Mario Obledo protesting this reallocation without any assurances. Situation
discussed.
Supervisor Ladd felt that a letter should be written stating that if this
order is not changed, the County will discontinue the•home service. The recipients
should be advised to write to the Governor, also.
Mr. Mickelson will meet with Mr. Crisan and with County Counsel to
write the letter.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and unanimously carried, a letter was authorized to be written protesting this
reallocation of homemaker/chore service funding.
76-645 WAIVE FIRST READING OF ORDINANCE: ADOPTING BY REFERENCE THE
UNII:ORM HOUSING CODE WITH AMENDMENTS
propose o inance s een prepare tat would adopt the Uniform
Housing Code and portions of the State Housing Law, This action is recommended
by Connerly and Associates in the South Oroville Preliminary Plan and was
discussed at the Board Workshop, April 7, 1976.
Jim Glander, Building Department, and Lynn VanHart, County Sanitarian,
were present to discuss the proposed ordinance. This ordinance would be more
restrictive than the present code. Clay Castleberry,Director of public Works, stated
it does set standards for existing buildings.
Proposed ordinance discussed. Mr. Glander stated that there are
hearing procedures within the ordinance; administrative procedures are also included.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the first reading of proposed ordinance adopting by reference the
Uniform Housing Code with Amendments was waived.
7b-646 AUTHORIZE PAYMENT: GRIDLEY FIRE STATION REVENUE SHARING PROJECT
On motion of Supervisor Latlo, seconaea oy Supervisor NWaigan ana
corned, payment for the Gridley Fire Station revenue sharing project was authorized,
in the amount of 5405 for furnishing certified payrolls. AYES: Supervi sons Ladd,
Madigan, McKfllop and Chairman Cameron. NOES: Supervisor Richter
76-647 DENY REQUESTS: LOU TRACKER-DRAINAGE DEPOSIT & L. W. RICHARDS, CURB,
GUTTER SIDEWALK 8~ ROAD IMPROVEMENTS
ou ac er requests t at a not a required to pay drainage deposit for
his land division on Sequoyah Aver ue west of Holly Avenue in Chico. Public Works
recommends deposit be required.
L. W. Richards requests that he not be required to install curbs, gutter,
sidewalk and road improvements and pay a storm drainage deposit for property located
at 372 E. 10th Avenue, Chico. Public Works reoornmends compliance with requirements.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
Pie 281.
April 27, 197b
Fes, ~
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unanimously carried, the Board concurred with the recommendation of the Public Works
Director and denied the request of Lou Thacker and L. W. Richards.
7b-646 AUTHORIZE PURCHASE OF DRAFTING TABLE AND APPROVE FINAL MAP,
HOLLY ESTATES f`I
On motion o Supervisor Ladd, seconded by Supervisor Richter and
unanimously carried, the following action was taken:
1. Authorized purchase of drafting table and stool for the Building and
Subdivision Deportment and directed the Auditor to prepare budget transfer.
2. Approved final map of Holly Estates ~i subdivision map, {I5 lots at the
intersection of Holly Avenue and W. 12th Avenue in Chico) and accepted offer of
dedication, authorizing the Chairman to sign the aubdivislon agreement.
76-649 I NFORMATIO N ITEMS
C ay Caste rry, Director of Public Works, reported that they have
received three proposals far the operation of the Chiw Clipper Service. They expect
to receive one or two more proposals. The proposals will be examined tomorrow
morning. Chico Board members were invited to attend the meeting. Mr. Castleberry
wilt report back on this at a later date.
Mr. Castleberry requested permission to t(dy up the old courthouse
(Administration Building} where the plyboard is attached to the walls. They could block-up the
areas that are covered with p}yboard. Request discussed. Location of ramp should be
considered at this time. It was felt that Mr. Castleberry should go ahead with the filling in of
the openings.
On motion of Supervisor MoKi'llop, seconded by Supervisor Madigan and
unanimously carried, Public Works was authorized to brick-up the old courthouse
where plyboard has been attached, and that the areas wil I be painted at a Later date.
Supervisor Madigan reported that there has been blasting on Keefer
Road again. Trucks are over-loaded and they have been loosing rocks along the
roadway. Inspector will be requested to look into the matter and report back ro
the Boord.
RECESS: 14;10
RECONVENED: 10;25
7b-b50 DISCUSSION: i~QUEST OF CITIZEN STEERING COMMITTEE OF RESIDENTS OF
CONCOW BASIN, BIG BEND, JORDAN HILL, YANKEE HILL AND PULGA ASKING THAT
AN INTERIM TIMBER MOUNTAIN ZONING DESIGNATION BE PLACED ON THE AREA
fN THE VICINITY OF CONCOW ROAD & HIGHWAY 74
Fron Cuny, C airman o t Steering Committee, read a prepared statement
regarding the request for interim timber mountain zoning for the above area. It is now
their proposal to have TM-I rather than TM-5 os originally requested. Mr, Cuny
said that the attachment on the original statement was a membership roster rather than
a petition for the rezoning. He said that the matter seemed to be resolving itself.
It is requested that the interim zoning be put over for a period of 34 days to give
the committee a chance to get more in-put from the residents of the area.
Page 2B2.
_ _W__.-_~__-_-__-.. _.- .--- ..._._` April 27, 197b
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Request for interim zoning put over For 30 days.
76-651 APPROVE TENTATIVE PARCEL MAPS RECOMMEND>:D FOR APPROVAL
n motion a Supervisor c i op, sewn e y Supervisor ie ter and
unanimously carried, the fallowing tentative parcel mops recommended for opproval
were approved, subject to the conditions, with the finding that they are consistent
with the General Plan and that negative declarations have been filed with the
County Clerk:
Zoned A-5 James Tv~. Arnold, RP 28-16-30, 33, & 34, 4 lots
G.P, I-5 sc/du to oa both oidee of Upham Road, west of LaPorte
Timb. & Mt. terrain Rd., Bangor. Engineer: Griffith & !i-ssob.
Pursuant to the requirements of Section 20.3 of the Butte County Cade, the tentative
parcel map of the above identified property has been reviewed by the Butte County
Subdivision Committee and the Planning Commiasioa.
The Subdivision Committee and the Planning Commission recommend approval pf the
tentative map, subject to the following conditions:
1. Deed to the County o£ Butte 30 ft. right-o£-way from the centerline of both di
sides of Upham Road.
2. Indicate a 50 ft. building setback from the centerline of Upham Road on both
sides.
3. Show oa the final map ail easements of record.
4.. All parcels to meet the minimum requirements of the zone {5 acres) exclusive
of easements.
A Negative Declaration Regarding Enviro~ental Impact was filed with the County
Clerk on March 22, 1476.
Grazing Open Land
1-5 ac/au
The general Plaa indicates two categories of open apace in non-urban areas: 1)
multiple use open space and 2) permanent open space. Within the multiple use open space, ;
Land in which the s3ope is generally less than 257. but which are not covered with valuable
stands of timber, demand for urbanization of this land due to its location. Uses for
which it maq be suitable include, but are not limited to
Watershed Mineral Extraction
Erosion control Golf coursda
Wildlife habitat Private outdoor recreation
Grazing Riding stables
Tree crops Plant nurseries
Field Crops Flood control
Scenic easements Green belts
Timber mountain classification is intended for those areas which have value as timber
producing areas, watershed areas , atenic areas, recreational areas and areas which by
their character and particular topography require special treatment and protection to
mitigate potential damage. Residential develapmeat of these areas should be confined to
to areas where the tropography of the, land will allow a minimum amount of damage by way
of erosion, siltation, surface and ground water pallutioa or the destruction of scenic
and hidtorical areas. Density should by considered on the baeis.of theca factors and
weighed against slteraete use of the areas for timber production, recreation gad water- ~
.... _..
__.-.~•_shed protection. crag ""~'"-'~~' ~
• --- ~ April 27, 1976 ~
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L-GG GG C~~ ~~~Gl.SG ~.3~T-Ct-~~C ~. ~+~. C ~~_~ _ Q=Q6GC.'SG C
Zoned &-1 Lois M. Seraey, AP 51-12-96, 4 lots, easy side
G. P/ 1-4 du/ac to of Paragsite Yay, north of Wagstaff Road, Paradise.
9-i2 du,(ac Surveyors Lipponcatt Surveying
Pursuant to the requirements of Section 20.3 of the Butte County Code, fhe above
identified tentative map has been reviewed by the Butte County Subdivision Committee
and the ;,Planning Commission.
The Subdivision Committee and the Planning Commission recommend approval of the tentative
map, subject to the following conditions:
1. Verify legal acceea.
2. Provide traversable acceea, and construct to RS8 LD11 standard.
3, Submit drainage plans to the Department of Public Works for approval, and install
required facilities.
4. Indicate a i•, ft. building setback from the centerline of all easements.
5. Shaw all easements of record on the final map.
6. Provide road maintenance agreement.
7. Access easements to be reserved in the deeds per County ordinance,
A Negative Aeclaretion Regarding Environmental Impact Was filed with the County
Clerk on March 22, 197fi,
Zoned A-2 Marge Anauff, AP 55-25-04, 3 lots, west side of C
G. P. 1-5 ac/du Clark Road, approx. '~ mile north of the airport,
Paradise. Surveyor: John W. Hamby
Yursvant to the requirements of Section 20.3 of the Butte County Code, the h-.
parcel map of the above identified property aha been reviewed by the Butte County
Subdivision Committee and the Planning Commission.
The Subdivision Committee and the Planning Commission recommend approval of the ten-
tative map, subject to the following conditions:
1. Indicate a 100 ft. septic tank free radius around all existing wells.
2, Proof of water or place the statement on the map as required by the Ordinance.
3. Verify legal access.
4. Provide traversable access.
5. Indicate a 50 ft. building setback from the centerline of the easement.
6. Show all easements of record on the final map.
7. Provide a road maintenance agreement.
8. Reserve access easement in deeds per County ordinance.
A Negative Declaration Regarding Environmental Impact was filed with the County
Clerk on March 22, 197fi.
Page 284. ~
April 27, 1976 ~
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eae~=«~a=c=sscss~+ il~~r197cseraer==~~rsc~r~sasc
Grazing span Land
I-5 ac/dv
The General Plan indicates two categories of open space in non-urban areas: 1)
multiple use open space and 2} permanent open space. Within the multiple use open
apace , land in which the s3ope is generally less than 25% byt which are not covered
with valuable stands o£ timber, the Generall Plan states that there is not expected to
be any substantial demand £or urbanization of this land due to its location. Uses for
which it may be suitable include, but are naG limited to:
Watershed
Erosion control
wildlife habitat
Grazing
Tree crops
field trope
Scenic easements
Zoned S-R
G.P. 5-S du/ac
to 9-12 du/ac
Mineral l~tractioa
Golf couraea
Private outdoor recreation
Riding stables
Plant nurseries
Flood control
Green belts
Larry iiright., AP 42-054-05, 3 lots, south side of
W. 11th Ave.m across from Zuni Ave., Chita.
Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative
parcel map of the above identified property has been reviewed by the Butte County
Subdivision Committee and the Planning Commission.
The Subdivision Committee and the Planning Commission recommend approval of the ten-
tative parcel map. subject to the following conditions:
1. Provide traversable access, and obtain encroachment permit.
2. Deed to the County of Butte 30 ft, right-of-way from the centerline of W. 11th
Ave.
3. Indicate a 50 ft. building setbackt~.from the centerline of W. 11th Ave.
4. Show all easements of record on the final map.
5. Make a drainage deposit with the County of Butte of $1800.00 per acre.
6. Provide proof to the Health Department that the well on the parcel to the west of _
Lot 1 which was previoysly abandoned was sons so property or show a 100 ft. septic
tank free radius around said well.
A Negative Declaration Regarding Eaviro~ental Impact vas filed with the County Clerk
on March 22, 1476.
76-652 APPROVE 7ENTA7IVE SUBDIVISION MAP RECOMMENDED FOR APPROVAL
On motion o Supervisor 'c ter, sewn e y Supervisor Ki op an
unanimously carried, fhe Ivbuntnin Park Subcft,v_isiori revised tentative map was
approved, sub~ect to the conditions, with the Finding that it is consistent with the
General plan and that a nesative Environmental Impact Report has been Filed with
the County Clerk, said map and conditions set out as follows:
Page 285,
Apri 127, 1976
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~gapril27~,147d ___`_~~~~~
s-
MOIINTAIN PARR SOBDIVISION
Tentative Subdivision Map
29 lots, west side of Country
Club Dr., south aide of Stearns
Road, Paradise
Zoning: R-1
General Plan: 1-5 ac/du
OwnerC Karoiy 1Casza
Surveyor: Lippincott Surveying
Pursuant to the requirements of Section 20.3 of the Butte County Code, the tentative
Subdivision map has been reviewed by the Butte Gounty Subdivisicn Committee and the Planning
Commission.
The Subdivision Coumlittee and the Planning Commission recommend approval of the tenta-
tive map, aub~ect to the following conditions:
1. No specific unusual circumstances have been presented to warrant flag lots .Therefore,
redesign by developer eliminating flag lots to the satisfaction of the Department o€
Public Works sad Planning.
2, Provide additional soil testa as required by the Butte County Health Department.
3. All lots to meet the minimum requirements of the Ordinance.
4. Reconstruct intersection of Stearns Road , Drehdel Circle and Country Club Drive
to provide for continuity of traffic flow. Design to be in accord with the require-
ments of the Department of Public Works. The Developer and Department of Public Works
to concur as to apprcpriate design.
5. Provide for circulation to Hillpark Lane.
6. Construct '~ street section to R53 Mayor Road Standard. (This condition to apply
to~Stearns Road and Countty Club Drive ). Construct cannectiag road between Country
Club Drive & Hill park Lane to 3,ear-round aIl-weather traversable access to be•maia-
tained by Hame Owners Association. _. T____-._~..,_._~..__...._._ -
7. Structural section to consist of 2" AC sad 6" AB with Fog Seal or provide "8"
values and other data to support structural section design.
8. Dead 30 ft. fee simple to County of Butte for 30 ft. right-of-way from the centerline
of Stearns Read and Country Club Drive. Deed 60 ft. right-of-way along connection to
Hillpark Lane.
9. Submit road and drainage plans to the Department of Public Works for approval and
install required facilities.
10. indicate 50 ft. building setback from the centerline of all roads.
lI. Provide monumentation ea required by the Department of Public Works in accordance
with accepted standards.
12. Meet requirements of the Butte County Fire Department.
13: Construct County staadaud col-de-sac at sad of Country Club Drive,
14. Tiro areas shown ae not a part moat be included as part of the subdivisioa.~ __ _ _ ,
Page 286.
April 27, 1976
f^') t~
-_-__===-=C~__=~_='~~~~~~_________________
76-653 APPROVE APPOINTMENT OF ONE HOUSING AUTHORITY COMMISSIONER
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
unanimously carried, Jack Lamberston, Orovifle, was appointed #o the Butto
County Housing Authority Commission.
The other appointment will be made next week.
76-654 PUBLIC HEARING:A. O. HILL-APPEAL OF PLAN.NI.NG.CO.MMISSION's DETERMINATION
TO REQUIRE AN ENVIRONMENTAL IMPACT REPORT FOR PROPOSED LAMA DIVISION
T pu is eating on t A.O. I appea o~ Planning Commission's determination
to require an Environmental Impact Report for a proposed land division, AP 43-29-18, 4 lots,
north of Bidwell Ave., west of Rase Ave., Chico, was held of this time. Jim Lawson,
planning Director, set out the background of this appeal.
Hearing opened to the public. Appearing:
I. Cal Bachman, engineer, representing Mr. Hill. It is his feeling that
an E. L R. is not needed. The area is zoned S-R and they are in conformance with the
zoning.
Mr. Lawson explained the purpose of the request for the E. L R. This is
in an agricultural area and it has Class I soil. Supervisor Richter asked if the project
has a potential to degrade the environment. Mr. Bachman stated that this particular
six acres is open acreage. €t is not an economic ui,itcforggvc~ultural purposes.
Supervisor Richter questioned Mr. Bachman from the check list.
2. Mr. Dennis Durkin, Bidwell Avenue, stated he owns 65 acres in this area,
adjacent to this property involved. He did not think an EIR was necessary for this
property.
Rezoning and requ~sr~'ent for the E.I.R. discussed.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
carried, the requirement of the E.I.R. because the area is so sensitive and because
there is so much feeling in the area was upheld and the appeal was denied.
AYES: Supervisors Ladd, Madigan, Richter and Chairman Cameron
NOES: Supervisor McKillop
76-655 PUBLIC HEARING; WILLIAM T. HEINRICH: APPEAL OF PLANNING COMMISSION'S
DETERMINATION TO REQUIRE AN ENVIRONMENTAL IMPACT REPORT FOR A PROPOSED
LAND DIVISION, CHICO
pu is earmg an the William T. Heinrich appeal of planning Commission's
determination to require an Environmental Impact Report for a proposed land division,
AP 42_pg-07, 4 lots, southwest side of Nord Hwy. approximately ~ mile west of East
Ave., Chico, was held at this time.
Hearing opened to the public.
Appearing:
I. Cal Bachman, engineer, representing Mr. Heinrich. This property is
page 287.
Apri 127, 1976
on Nord Avenue; They are one acre parcels. The property is presently zoned A-2
and he felt that an E.1. R. is not needed.
Hearing closed to the public and confined fo the Board.
On motion of Supervisor Richter, seconded by Supervisor Madigan
and carried, the Board upheld the appeal in this matter and stated that an Environmental
Impact Report would not be required for this proposed land division.
AYES: Supervisors Madigan, McKillop, Richter and Chairman Cameron
NOES: Supervisor Ladd.
76-656 DISCUSSION OF RECENT DEPUTY DISTRICT ATTORNEY'S RESIGNATION
Ken pc , District Attorney, Was present at t i5 time t0 iscuss t e
recent deputy district attorney's resignation. Supervisor Richter said he had a lot
of telephone calls from people regarding this resignation. He said he does not
know Mr. Huffman. Supervisor Richter had a transcript typed from the tape that
was made when Mr. Huffman had been authorized to be hired above the first step
of the salary range. Mr. Leach commented on the statements made by
Mr. Huffman. Mr. Leoeh commented Also on the plea made by him before the
Board in relations to the hiring of Mr. Huffman. He feels now that his appeal to the Board
vas very poor.
The case load in the Chico office is very heavy. Mr. Leach said that as
far as the statement made by Mr. Huffman that cases have been plea bargained because
of the case load, that was inaccurate. In one case, Mr. 'Huffman mad wanted to
reduce a robbery case and Mr. Leach had not agreed with him. Mr. Huffman had
been advised of the work load prior to being fiired. He was well advised and he
thought he could do the job and Mr. Leach said he thought he could do the work.
It now appears to Mr. Leach that this man was unwilling and unable to perform in
the atmosphere of the Chico Office.
The felony case load has increased steadily in the Chico office. He had
bean going to make a request to ask for another attorney for the Chico office; he had
advised Mr. Huffman of this proposed request. He sees no reason now to ask for another
attorney for the Chico Office. It is his feeling that two attorneys can handle the
work toad in the office. The Oroville office is just as busy as the Chico Office.
Mr. Leach stated he felt the Board must rely on the honesty and integrity
of the department head; statistics mean something but only he Imovn •hat they mean.
He stated that Mr. Huffman never consulted with him about the workload being
too heavy. The deputjes have ro work at feast 50 hours a week; he,ieilso, works
at least 50 hours a week. He said he has a fine staff and he regrets this instance of
having asked the Board to allow him to hire this man above the first step of the salary
range .
Supervisor Richter questioned Mr. Leach about the statements made
by Mr. Huffman relating to misunanagement of the office and the undertrained police
officers in the County.
Mr. Leach stated that Mr. Huffman's statements were his own. Officers
activities are not always perfect. They have the same problems that he has; they
do not investigate every case. There are problems that always exist. He said he
has a good working relationship with law~r~p3cement oFficers in the County.
Page 288. April 27, 1976
~ ~
_______________==~ril27~1976 =________________
Supervisor Ladd said it looks to him as though this sounds like a very
normal situation. There should not be any criticism of anyone over this. He did
not think it would h~1p the County and would only make more headlines For a man who
could not perform here. He did not think the discussion should be continued.
Chairman Cameron agreed; this is merely a sour grape attitute of this
man; he did not think the Board should have to go through this type discussion.
Supervisor Richter felt that the public was entitled to know about these
things. Supervisor Madigan agreed that these things should not be whitewashed.
No action taken at this time.
76-657 HEARING: SAM G. EVANS, JR. APPEAL OF PLANNING COMMISSION'S DENIAL
OF A TE NTATIVE SUBDIV1510N MAP, 3d~ LOTS, NORTHEAST OF MORSEMAN AVE.,
SOUTH OF EATON AVE., CHICO
anng on t e Sam G. Evans, Jr. appeal of Planning Commission's denial
of a tentative subdivision map was held at this time. Mr. Lawson said that no hearing
was needed as the may had been approved. No action taken.
76-658 APPEARANCE: FRED HIGNELL REGARDING THE EIR PROCE5SES AND PLANNING
OF HIS PROJECT
Fre~gneli, Chico, requested that the Baard have the planning Department
file a notice of completion on his projeeF in Chico; he has had an environmental impact
report prepared. Background of the matter set out. It is his feeling that it will be
the middle of August before Planning Commission could have a hearing on the property.
He would like to cut short the period by one month.
Her felt that the Board should instruct the Planning Commission ro accept
the EIR that is being prepared by a hired consultant. Mr. f~iignell is representing
Mr. prake. Mr. Lawson said that if Mr. Hignell and Mr. Drake would sign an
affidavit on this matter, it would be fine with him.
Dan Blockstock, County Counsel, said that the reason for the EIR is for
the Planning Commission and the Board to review the impact of any project. They
have taken a position that it is the County's function. For that reason, the EIR has
to be gone over by the EIR committee. The basic problem here is the workload
situation in Mr. Lawson's office. He said one way is to go to an additional consultant
to prepare the EIRs.
Mr. Lawson said that this man had a consuitant prepare a tEIR.
Copies have been given to the Committee for study and they will then approve the report
as written. Mr. Lawson said he was satisfied with the EIR that has been wri#ten on
this project. They cannot do anything until they receive back the written comments
of the committee members.
Supervisor Richter felt the Board should adopt a policy requiring the
expeditious handling of these reports. Supervisor McKillop said that there was just
a backload of reports that have built up.
It was felt that the Board should deal with this request for the present,
but that they should deal with the mattar cP'the• flays on all of the requests for
EIRs. April 27, 1976
Page 289.
~``, E"~,
_________________Apri127A1976 =_~_____--_-_----
Mr. Hignell said the report was sent to the committee and they have
enough information to re-write the draft. 1t was felt that o notice of completion could be
filed based on the prepared EIR and the comments that have been filed.
It was said that the EIR Committee met yesterday and they said they have
enough information for the report. Comments given yesterday to the EIR Committee
wind be added as an addendum to the prepared EIR. Mr. Lawson said he felt
this was a very good report.
On motion of Supervisor Richter, seconded by Supervisor Madigan and
unanimously carried, the Board instructed the Planning Director to issue a notice
of completion based on the EIR and the comments received from the EIR Committee,
for the property of Mr. Drake.
76-659 APPEARANCE: CARL HECKER, CLIPPER MILLS
Car ec er, Peer i s, sa a app ied For a use permit and one
of the conditions attached to the use permit was to dead 40 feet right of way to the
County of Butte. He was tofd that this has been appealed by Bonnie Mayer. A
hearing date has been set for May f I, 1976 at 1:30 p.m.
76-660 APPEARANCE: JAMES HANSON OROVILLE
James nson, rovi e, presence a yerthat he wanted the Hoard to
read from the Nbnterey County Foundation For Conservation, Inc.
fie said he olso would like to know if the County had found the mining
laws he had requested at a prior meeting. Supervisor Madigan stated that the
mafter had been referred M Bob Blade and he will see Mr. Hanson about the matter.
76-661 APPEARANCE: Mr. B ork
-~ r. yore presented letters relating ho the James Parrish case evaluation.
He also had a memo that explained why there had been no action. He would like the
Board to find out if action was going to be taken. 1\io discussion at this tuna.
RECESS: 12:00
RECONVENED: 1:30
~'6-66Z DY5CU_$SrON_OF_p80POSED CHANGES TO LAND CON5E8PATZON ACT
Joe Carlyle epo)ce in behalf of the Land Conservation Act Committee, He
stated that the suggested increase in the fee is from $25.00 to $50.00. He also
added that two hours ware being spent on each application. An 8D acre acreage lirriit
hoe been recommended by the Land Conservation Act Committee,-__._.._. - _____ .. __
Supervisor Ladd said that the purpose of the Williamson Act.was to keep
agricultural lead in production. He added that he was concerned •.about government
saying what people couid make a living at, 'the County should try to follow the purpose and
intent of the Williamson Act.
Supervisor Richter stated that the purpose of the Land Conservation Act
was for tax relief and to keep agricultural Land in production.
8upervieor 1'fcKillop would like the acreage limit to be eighty instead
of one 4undred and sixty acreage limits dr keep it as it ie.
Page 290.
April 27, 1976
~:
@@C'=@@CCCOCC@@@6@crT.i 2T l976 ~=ot@C~COCCaaCtSn
Hr. Call;le stated that the final firing date vsa December 15, 1976. When
asked what the other counties procedures were,he responded that Sutter County charged
a flat ~'~~100:@0'*'~~~~iicz fee sad required that the land be rezoned at the same time.
Supervisor McKillop suggested that the matter be put over two weeks.
76 -663 PUBLIC HEARING CONTINUED - VERN M, BARTRAM~ ETAL - APPEAL OF PLANNING CQ~4]ISSIONS
DENIAL OE REZONING FROM "A-2" TO ~'C-1" AND "R-4" PROPERTY ON THE WEST SIDE OE ESPLANADE
$ETWEEN EATON ROAD AND SHASTA AVENGE. CONTAINING 200 ACRES. MORE OR LESS. CHICO
~. THIS Public hearing was continued from March 23, 1976.
Hearing opened to the public. Appearing:
Dr. Enloe , 3n favor of the rezoning.
Arley Housen, is favor of the rezoaiz~g.
Glen :Rendall,,in.favor of the rezoning. Later presented summary.
Bob Mannix, opposed to the proposed rezoning.
Dave Murray, Bppoaed to the proposed rezoning.
Leslie Jones, @ppased to the proposed rezoning.
Michael Lucaea, Opposed to the proposed rezon#n8.,, concerned about the
environment.
Mrs. Turner, opposed to the proposed rezoning, would like the land to stay
in agricultural use.
Betty Smith, Vice Mayor of Chico, Mrs. Smith is opposed to the proposed
rezoning. Would like to preserve the agricultural land.
Jim Jessie, opposed to the proposed rezoning.
John Stutz, is in favor of the proposed rezoning.
Raymond A. Leonard, speaking in behalf of the Bertram party, is in favor
of the rezoning.
Joe Ellington, is opposed to the rezoning.
76 -d64•PUBI,IC HEARING PUT OVER TO MAY 4 @ 10.30 A,M. - ORDINANCE WHICH WOULD MAKE
IT UNLAWFUL FOR ANY PERSON TO AISCAARGE ANY GUN BY MEANS OF WHICH ANY MISSLE I3
PROJECTED BY A SPRING, BOW, OR COMPRESSED AIR, OR USE OB ANY IMPL~i`f 'i1l;ERE$Y '?
NS FANS PEBBLES OR OTHER SG8 CES ARE PRO ED
Hearing put over to May k, i97b 10:30 e.m.
] PUBLIC GEARING C~I?1UED ,', VERN M SARTRAM - RSZ~
' Prank Grizzel, is opposed to the proposed•rezoning,`Suggest that the County
put more money in the mans pocket that raised the food-"twat we eat.
Barbara Copeland, is opposed to the proposed zoning.,3tated that there
was to much zoning and not enough Qlanniteg. .._ _. - -•--
Page 291. •
APrFI 27, 1476
Supervisor Richter made the motion to place a motion of intent on the
ballot of Butte County to reimburse these people for principal, interest and maintenance
cast.
Motion died far lack of a second.
Supervisor Madigan moved, and Supervisor Richter seconded, rezoning
of the property located an the west side of the Esplanade, between Eaton-Road and
Shasta Avenue, containing Z00 acres, more or less, near Chico, from A-2 (General)
to S-R (Suburban-Residential), R-4 (Maximum Density-Residential) and C-1 (Commercial)
making the following findingsi
I. That the proposed rezoning to consistent with the land use element for
the Butte County General Plan, more particularly that portion recommending one to
four dwelling units per acre for this area.
2. With respect to the Environmental Impact Report and the commets
of our planning director more particularly Sec. 15143 on page five of the Environmental
Impact Report, I do not agree that the proposed project would open this land to
potential development. The land within the area of the proposed project is already
open to development under the A-2 (Genera!) zone. Therefore, I would wnclude
that subsection 15143(a) (-5 cannot be correct.
3. In reference to page 6 of the Environmental Impact Report, more
particularly Sec. 15143(6), 1 conclude that far more expansion and more extensive
development is available under the A-2 (General) zone than is available under the
proposed project.
Q. I also disagree with the testimony given that the Environmental Impact
Report does not propose alternatives to this project. I invite the Board's attention to
page 7 of the Environmental Impact Report, more par#icularly Sec. 15143(d). I have considered
the altemative of no project, but conclude that no project is not an aaceptabie
altemative because it would continue the A-2 (General) zoning for the area of the
proposed project.
5. Considering Mr. Bailey's letter found in the addendum to the
Environmental Impact Report, I believe it is adequately answered by the Planning
Department's summary of comments and review, specifically IV 2. Summary of comments
points out that even higher density of development would 6e reached by providing a
sewer system into the area of the proposed project.
6. On the advice of counsel, I conclude that it is not appropriate to
consider consistency with a rp oposed general plan for the city of Chico.
I find further, the factors of social and economic value and benefit I
just mentioned of overriding consideration in approval of this project. 1 also
find that the value to the public will far exceed the adverse environmental impacts
set forth in the Environmental Impach Report.
'fhe following ordinances were adopted and the Chairman authorized to sign:
Ordinance No. 17lI amending Ordinance No. 995 zoning a portion of the
County a "C-) " (light commercial) district
Ordinance No. 1712 amending Ordinance No. 928 zoning a portion of the County
Page 242.
Apr i 127, 1976
an "R-4" (Maximum-density dwellings restricted service) District.
Ordinance No. 1713 amending Ordinance No. 1078 zoning a portion of
the County an "S-R" (suburban) District
AYES: Supervisors Madigan, McKillop and Richter
NOES: Supervisor Lodd and Chairman Cameron
SUPERVISOR RICHTER LEFT AT THIS TIME: 4:30 p.m.
76-666 PUBLIC HEARING - J. M. EDWARDS -PETITION FOR VARIANCE
T e pu is earrng or J. E war sy petition or varr once to place a
mobile home on property located at 420 Woodward Drive, Magalia, was held as
advertised .
Chairman Cameron opened the hearing to the public. Appearing; No one.
Hearing closed ro the public and confined to the Board.
On motion of Supervisor McKillop, seconded by Supervisor Ladd and
carried, the Board voted to approve the petition for variance to place a mobile home
on property located at 420 Woodward Drive, Magalia, for J. M. Edwarcls.
RECESS: The Board recessed at 4:35 p.m. for an executive session.
RECONVENED: The Board reconvened at 4:45 p.m: following an executive session.
76-667 REPORT ON EXECUTIVE SESSION
Dan ac stoc ,County Counsel, seeking authorization to take legal
action to restore land divided below the minimum of land conservation agreement
to proper size. Anthony Santos is the party in question.
76-668 D ESCUSS 10 N O F AB 4226(1)
Brre iscussron o est lands Water Project. Further discussion put over
another week.
76-669 ADOPT CONFLICTfOF INTEREST CODES
Dan B ac stoc stated t at in t is instance the Board was acting as a
"Code Review Body ". Counsel said the I fisted codes meet the laws, asked that
they be adopted as they are all the standard codes. Copy given to Clerk to file.
Conflict of Interest Codes included in this packet:
1. Administration
2. Local Agency Formation Commission
3. Butte County Association of Governments
4. County Clerk
5. County Counsel
6. Sheriff
7. Welfare
8. Veterans Service Officer
9. Treasurer-Tax Collector
10. Recorder
Il. Planning Department
E2. Public Works Page 243.
Apri 127, 1976
r~
------------=-===ApriJ27~.19J~====__=---__---___
On motion of Supervisor McKillop, seconded by Supervisor Madigan and
carried the Board approved the above listed "Conflict of Interest Codes ".
76-670 gPPROVE APPOINTMENT OF pR. WILLIAM COATS TO MEN Al. HEALTH ADVISORY BOAR
On motion o Supervisor McKi op, seconded y Supervisor Madigan and
carried, Dr. William Coats was appointed to the Mental Health ,Advisory Board.
76-671 DISCUSSION OF HEALTH SERVICES AGENCY-LETTER FROM MATHEWS TO BE
SENT TO CSAC
It was decided that the letter from HEW, Mr. Matthews, be forwarded to
CSAC in care of Mary Knapp.
76-672 DI5CUSSION OF DIRECTIONAL SIGNS AT THE OLD BUTTE COUNTY HOSPITi'aL
Supervisor a intro uce t su lect o f ac o signs at t o
$utte County Hospital, now being used as county offices. Clif Mickelson stated
that Public Works had been asked to do so. There are signs now there for Welfare
and Food Stamps. No action taken at this time.
76-673 DISCUSSION OF COUNTY LEASED PARKING LOT ON ROBINSON ~ HUNTOON S?'REE*
Chairman Cameron said that there- have bf3en complaints from the employees
that they cannot find a parking spot in the lot. Administrative Officer, Clif Mickelson~
suggested that stamps be issued to the employees For their cars. No action taken at
this time.
76-b74 DISCUSSION OF 3HE FILING OF AN AMICUS BRIEF IN SUPPORT OF PLUMAS CO.
The Boar irecte an B ac stoc ,County Gounse , to go a ea wit t e
filing of the Amicus Brief in support of Plumes County's litigation wi#h the Sierra
Elub. Mr. 8[ackstock stated that he would have to get moving on it this week.
On motion of Supervisor Madigan, seconded by Supervisor Ladd and carried,
the Board directed Dan Blackstock, County Counsel, to file the Amicus Brief in
support of Plumes County's fight with the Sierra Club.
ADJOURNMENT:
T ere ing nothing further before the Board at this time, the meeting
was adjourned of 5:00 p.m. to reconvene at 9:00 a.m. on May 4, 1976.
ATTEST: CLARK A. NELSON, COUNTYCLERK
~ Q ~ (~ ~ ~BZrnti~
BY: ~ `^-'O ~c C airman oft Board
ar o Super ors C er
Page 294.
j ~;:.pppril 27, 1976