HomeMy WebLinkAboutM080481OF CALIFORNIA )
SS.
OF BUTTE )
August 4, 1981
81'- The Board of Supervisors met at 9:00 aom, pursuant to recesso
~ ', Present: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseley, Clif
', Mickelson, administrative officer, by Mike Pyeatt, assistant administrative
', officer; Del Siemsen, acting county counsel; and Clark A, Nelson, county
clerk-recorder, by Nancy Wilson, deputy clerk. Absent:Supervisor Lemke
Pledge of Allegiance to the Flag of the United States of America
invocation prerecorded and submitted by Supervisor Lemke
2169 APPROVAL OF MINUTES
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
arried, the following minutes were approved as mailed:
July 17, 1981
July 21, 1981
', July 27, 1981
', July 28, 1981-
BSTAIN: Supervisor Saraceni from July 28, 1981 minutes,
CESS: The Board recessed at 9:06 aom, to hold a closed session on meet
and confer,
', CONVENE: The Board reconvened at 10:07 a.m, after holding a closed session
regarding meet an confero No announcements were made at this time.
'2170 PPROVE CETA TITLE VII RFP
George Gilbert, Private industry Council, spoke regarding the request
or proposal (RFP) for the economic development element of the FY 82 Title
II Plano This morning they did not have a quorum. They contacted members
y telephone and there was full approval, There is a time table involved,
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
', nd carried, the Private Industrial Councils request for proposal (RFP)
or the economic development element of the FY 82 Title VII Plan was approved
nd the issuance of the RFP was authorized,
'..2171 DOPT RESOLUTION 81-i77 - PUBLIC HEARING: RICHARD POLENS ABANDONMENT OF PUBLIC
ILITIES EASEMENT PARADISE PINES UNIT NO 3 LOT 160
The public hearing on the Richard Polens abandonment of public
tilities easement, Paradise Pines Unit Noo 3, Lot 160 was held as advertised,
Charlie Woods, planning, stated everything was in order.
', Hearing open to the publico Appearing: No oneo
Hearing closed to the public and confined to the Boardo
On motion of Supervisor Dolan, seconded by Supervisor Saraceni and
arried, Resolution 81-177 giving abandonment of public utilities easement,
aradise Pines Unit No, 3, Lot 160 for Richard Polens was adopted and the
', hairman authorized to sign,
2172 DOPT ORDINANCE 2239 - PUBLIC HEARING: WILLIAM S. TOWNE/BALDWIN CONfiRACfiING
', OMPANX, INC., DRAFT ENVIRONMENTAL IMPACT REPORT AND REZONE FROM "A-2" (GENERAL)
0 "M-2" (HEAVY INDUSTRIAL), PROPERTY LOCATED ON THE SOUTH SIDE OF AP 40-40-26,
HICO
The public hearing one+tha William S, Towne/Baldwin Contracting Company,
nc „ draft environmental impact report and rezone from "A-2" (general) to "M-2"
', Page 118.
August 4, 1981
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August 4, 1981
(heavy industrial), property located on the south side of AP 40-40-26, Chico
was held as advertised,
Charlie Woods, planning, set out the background on the project.
A draft environmental impact has been prepared, The project contains 13.6
acres and is southwest of Entler Avenue, It is being rezoned from "A-2",
The original application was for "M-2" after it was heard by Planning it
was changed to "LI" (limited industrial)o
Earl Nelson, environmental coordinator, stated because of potential
impacts in the "M-2" zone anaenvironmental impact report was required, They
have modified the check list from the south Chico area EIRo When they
changed the zone to "LI" it took care. of concerns they had. They were
compatible with adjacent residents, traffic and lack of drainage facilities
and water for fire protection, They can be taken care of at time of construct-
ion. The traffic circulation problem is there regardless of what happens
to this project.
Supervisor Wheeler stated the road is posted as to weight limits.
This should. take care of any problems.
Hearing open to the public. Appearing:
1, .Chris Baldwin, representing Baldwin/Towne, stated they asked
that their map be amended and allowed the "LI" zone, It was not in effect
when they applied originally, They plan to put up a buffer on the west side.
Supervisor Dolan stated from the Planning Commission minutes she
noted they were to put up a screen and buffer, What guarantee do they have
this will be completed, They are not even sure they are the ones who will
do the work.
Hearing closed to the public and confined to the Board,
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, certifying that the environmental impact report has been
completed in compliance with the California Environmental Quality Act,
the State Environmental Review Guidelines, and the Butte County Environmental
Review Guidelines, finding that development which. occurs pursuant to project
approval is not expected to result in significant effects on the environment
because of use limitations written into the "L-I" zone, finding that the
rezone is consistent with all elements of the Butte County General Plan,
the William S; Towne/Baldwin Contracting Company, Inc., rezone from "A-2"
(general) to "L-I" (limited industrial), property located on the south side
of AP 40-40-26, Chico was approved; Ordinance 2239 was adopted and the
Chairman authorized to signo
AYES: Supervisors Saraceni, Wheeler and Chairman Moseley NOES: Supervisors
Dolan ABSENT: Supervisor Lemke
2173 PUBLIC HEARING: DENNTS SHARP APPEAL OF PROPOSED NEGATIVE DECLARATION REGARD-
TNG ENVIRONMENTAL IMPACT AND USE PERMIT fi0 t1LLOW A MOBILE HOME PARK ON
PROPERTIES ZONED "A-2" (GENERAL) IDENTIFIED AS AP 30-12-24, PROPERTY LOCATED
ON THE SOUTHEAST CORNER OF GRAND AVENUE AND 20TH STREET, THERMALITO
The public hearing on the Dennis Sharp appeal of proposed negative
declaration regarding environmental impact and use permit to allow a mobile
home park on properties zoned "A=:2" (general) identified as AP 30-12-24,
property located on the southeast corner of Grand Avenue and 20th Street,
Thermalito was held as advertised,
Charlie Woods, planning, stated the applicant is appealing four of
the conditions of his use permit which was approved by the Planning Commission.
-Page 119..
August 4, 1981
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August 4,.1981
Kr. Woods set out the background and staff findings on the project, fihey
have received several comments-and letters from the City of Oroville regard-
ing their concerns with respect to the airport and the approach, The
project was modified from 105 spaces to 60 spaces.
Earl Nelson, environmental review coordinator, stated the initial
study was written when the project *aas at :105 spaces, The reduction would
reduce the impacts. Their concern was drainage down stream as there needs
to be channel work. It was mitigated, The whole Thermalito area is being
developed. He felt there would be a problem with noise as mobile homes are
not insulated as well as conventional homes.
Supervisor Saraceni stated he has seen a lot of mobile homes which
were insulated more thaM homes that are being built.
Hearing open to the public. Appearing:
1, Robert Huskey, engineer, stated they had appealed the first
four conditionso Their basic concern was Public Works requirement for
improvement to the street, They are more concerned about the first three
conditionso They agree with condition No. 4. He has given them additional
backup material. He divided the park into four areas of concerno That
being the frontage street. He set out the areas on the map. He would like
to sign a covenent for the curbs, gutters and sidewalks of Section A and C.
It `.is a small sectionq it will be compatible with what Public Works requested..
On 20th Street and Grand there is a problem. They will construct a barricade
which is for police and fire use. They would like the curbs, gutters and
sidewalks placed on a covenent and request an additional two years beyond
the normal one year for completion, They could post a three year bond on
the remaining sectiono
Clay Castleberry, public works director, stated they indicate they
would like to accomplish the same things, but to postpone a portion of the
conditions. They have not used covenents except for four parcel splits.
He would feel comfortable if there was a great understandings when the
Public Works Departments indicates because of foot traffic they are to go
out and place them in without any problems. Some people give the same
assurances with a smile, but when later approached they are not smiling and
not as agreeable, A covenent would not work well in this particular case,
He has no problem with the proposal as long as there is the strict under-
standing that any traffic generated they would put those facilities in
because youngsters would be walking to school. He felt they should be put
in now.
Mr, Huskey stated there is a subdivision approved by the City
to-the south, Part of their requirement is to putting:,ih"= °. 20th 'Street.
He felt Mr. Sharp and :the developer could get together and put in the'
improvements for 20th Street. There will be considerable amount of traffic.
The problem with pedestrians is that the park must have a totally fenced
area. The school is to the corner of the gark, so the children will go
through the park rather than proceed down 20th Street.:.Herwould be happy
to put the improvements in at a later time,
Mr, Castleberry stated they already have an agreement, They could
ost a bond which involves money, a covenent is trust me,
Mro Huskey stated it could be 10 years before the subdivision below
ecides to develop, He does not have any problem with a development agreement
r bond.
Mro Castleberry stated there could be two to three years with a
ondition for renewal. They use-tke agreements for improvements such as
Page 120.
August 4, 1981
August 4, 1981
gl_ thisaand public buildings.
3'
', Del Siemsen, acting county counsel,stated.to provide for developers
for big projects the County does not maintain change to the General Plan.
A use germit and conditions of allowance for the use. A covenant is an
', agreement to continue to allow the developer to do these conditions. It
allows for a bond as long as there is time to fulfill the conditions of
the use permit, If there is a bond or letter the County can call on
counsel and enforce the agreement, it should really not be a developers
agreement but a condition of granting the use.
Mr, Huskey stated the park will be family owned. Mro Sharp plans
his for his retirements He would like to. get some_ cash activity before
e makes the offsite improvements. With-drainage and street frontage it
s very costly,
Supervisor Dolan stated the minutes should be clear that the
licant and owner is assuring the Board there will be no problem, so when
y do call the bond it is in the record,
Mr. Huskey stated he would agree to change the road standards
~ RS-3A to RS-3B for Section A, C and D, It is a smaller street section
when they put in the section later.
Hearing closed to the public and confined to the Board.
Supervisor Saraceni stated he attended the Planning Commission
wring and there was a lot of input from the Thermalito areao The size
s made smaller as the density was too `ledge.
There-was a,motion by Supervisor Saraceni, seconded by Supervisor
+~heeler, that the use permit to allow a mobile home park on properties zoned
'A-2" (general) identified as AP 30-12-24, property located on the southeast
:orner of Grand Avenue and 20th Street, Thermalito for Dennis Sharp be
approved; further finding that the proposed uses of the property will not
Lmpair the integrity and character of the zone in which the land lies and
that the use would nat be unreasonably incompatible wifih, or injurious to
surrounding properties or detrimental to the health and general welfare of
the persons residing or working in the neighborhood dr to the general health,
oelfare and safety of Butte County; adding in those conditions as discussed
with Mr. Castleberry and the development agreement to be negotiated with
?ublic Works Department and covenant or agreement to cover the improvements
of the street with a bond; subject to the following Condition"s: .-
1, Construct vertical curb, gutter, sidewalk and 1/2 street section on
Grand Avenue frontage to R_~2A Road Standard. (DPW)
2. Construct vertical curb, gutter, sidewalk and l/2 street section plus
12' (30' pavement total) along 20th Street frontage to 'RS-2A Road
Standards (DPW)
3. Construct vertical curb, gutter, sidewalk and 1/2 street section on 18th
Street frontage to RS-2A Road Standard. (DPW)
_Oncmatiou:.of Supervisor Seracea.a0conded by.,Supervisor Wheeler
ind carried, finding that although the proposed project could have a significant
effect on the environment, there will not be a significant effect in this case
~ecause of the mitigation measures described below have been added to the
~roject, a negative declaration is recommended:
Page 121,
August 4, 1981
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August 4, 1981
to Provide a permanent solution for drainage, including the protection
of downstream properties from any flooding which may occur as,a result
of this projecto
2, Install onsite and off site drainage improvements and pay assessments
based on acreage in conformance with the Thermalito Master Drainage
Plan,
3o Contribute pro rata share, based on amount of traffic generated,
toward the future installation of traffic signals at the intersection
of Grand Avenue and the two highway rampso Coordinate future installation
of"traffic signals with Caltrans, County of Butte and the City of
Oroville,
Vote on previous motion regarding approving use permit project:
2174
2175
2176
2177
AYES: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseley
NOES: None
ABSENT: Supervisor Lemke
CONTINUE TO LATER DATE - CONSIDERATION OF THE DISABTLTTY INSURANCE COMMITfiEE
REQUEST FOR PROPOSAL RFP
Continued to a later date consideration of the disability insurance
committee of labor and management repmesentatives request for proposal (RFE)
for private disability insurance program for county employeeso
ACCEPT GRANT DEED FOR GOLDEN FEATHER FTRE DEPARTMENT
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, the grant deed from Lief and Evelyn Steinberger for property being
donated for fire station site for Golden Feather Volunteer Fire Department
was accepted and a lease transferring the acre of land to the volunteer
fire company for a period of 50 years at $1,00 per year was approved and
the Chairman authorized to sign said lease agreemento
ADOPT RESOLUTION 81-178 AND 81-179 - COUNTY SERVICE AREA LOAN FUND, CSA 62
(RANCHO DE THUNDER STREET LIGHTING) AND SSA 74 SBRENTWOOD STREET LIGHTING
On motion of Supervisor Saraceni, seconded by Supervisor Dolan and
carried, the following action was taken:
la Adopted Resolution 81-178 pursuant to Resolution 75-82 and
Government Code Section 25210o9c providing for the appropriation of funds
to cover utility cost for street lights in CSA 62 (Rancho de Thunder) in
the sum of $15 and the Chairman authorized to-sign.
2, Adopted Resolution 81-179 pursuant to Resolution 75-82 and
Government Code Section 25210o9c providing for the appropriation of funds
to cover utility cost for street lights in CSA 74 (Brentwood)°'in,_the sum
of $100 and the Chairman authorized to sign,
APPROVE LETTER OF DISAGREEMENT TO DEPARTMENT OF CORRECTIONS - COMMUNITY
FACILITY BIDS
Gerald Lively, deputy administrative officer, stated this issue
was rs.epara~e from the jail, It is a half way house. This is taking state
prisoners and transporting them into Butte Countye -They will not be
incarcerated here, It will not impact oux jailso
On motion of Supervisor Wheeler, seconded by .Supervisor Saraceni
and carried, a letter of disagreement to be sent to the Department of
Corrections for their request to establish a 17 community bed facility
for paroled and short team state prisoners was approved and the Chairman
authorized to signs
Page 122.
August 4, 1981
81-2178
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2179
August 4, 1981
APPROVE~AMENDMENT TO FOOD STAMP TRANSACTION FEE _ +
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, Amendment No, 1 to the food coupon issuance agreement with the
Uo So Postal Service with increasing transaction £ee from $1,42 to $1071
per ATP to be effective October 3, 1981 with an estimated increase to the
County at $12,000 was approved and the Chairman authorized to sign,
APPROVE PENALTY ABATEMENT RE UEST/CHANGE OF OWNERSHIP REPORT
On motion of Supervisor Dolan, seconded by.Supervisor Saraceni
and carried, the penalty abatement request/change of ownexship report was
approved for the following:
Mr, & Mrso George R, Burger, AP 066-33-0-005-fl
2180
2181
ADOPT RESOLUTION 81-180 - ASSESSMENfi APPEALS BOARD RULES OF NOTICE AND
PROCEDURE
Mike Pyeatt, assistant administrative officer, stated there was
a memo regarding a change in the Assessment Appeals Board`s Rules and
Procedures in paragraph 32, Section B and paragraph 28, Section A to
reflect: $100,000 instead of $25,000,
On motion of Supervisor Saraceni, seconded by Supervisor Dolan
and carried, Resolution 81-180 approving the amended rules of notice and
procedure for the Assessment Appeals Board to conform to existing state
law and to ,change paragraph 32, Section B and paragraph 28, Section A
to reflect: $100,000 instead of $25,000 was adopted and the Chairman
authorized to sign,
APPROVE BUDGET TRANSFERS
On motion of Supervisor Dolan, seconded by Supervisor Wheeler
and carried, the following budget transfers were approved:
B-329 - allocated costs receivedo This is a $481,985,88 transfer
closing out Account 71 (allocated costs received) for county operating
departmentso This transfer decreases the appropriation for contingencies
in the amount of $204,508,05 and °increases the road reserve $21,341,63
and increases the revenue sharing reserve in the amount of $19,994,740
8-330 - Auditor-Controllero This transferscloses the Auditor-
Controller support service budget for fiscal year 1980-81 and is in the
amount of $135,022,02, The transfer reflects a decrease in the reserve
totalling $108,489,10,
B-331 - Purchasineo This is the year end closing transfer for the
Purchasing support service department for fiscal year 19$0-81 totalling
$5,2630640 The transfer reflects a decrease in the reserve totalling
$3,435,39,
B-332 - Treasurer-Tax Collectoro This is the year end closing
transfer for the Treasurer-Tax Collector support service department for the
fiscal year ending 1980-81 totalling $84,752072, The transfer reflects an
increase in the reserve totalling $78,962,68,
B-333 - Personnelo This is the year end closing for the Personnel
support. service department for the fiscal year ending 1950=81 totalling
$32,5600760 fihe transfer reflects a decrease to the reserve totalling
$25,6810710
B-334 - County Counselo This is the year end closing transfer for
the County Counsel support service department for 1980-81 totalling $9,482,69a
This transfer reflects an increase to the reserve totalling $1,914046,
Page 123.
August 4, 1981
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August 4, 1981 _ _
B-335 - Buildine and Grounds_Ma~tenanceo This is the year end
closing transfer for the Building and Grounds Maintenance support service
department for 1980-81 totalling $125,850,02, fihis transfer reflects a
decrease to the reserve totalling $49,2980570
8-336 - Central Motor Pool, This is the year end closing transfer
for the Central Motor Pool support service department for 1980-81 totalling
$4,603,83, The transfer reflects a decrease to the reserve totalling
$3,6910440
B-337 - Central Duplicatin~o This is the year end closing transfer
for the Central Duplicating service depaxtment for 1980-81 totalling $202,895>35~
This transfer reflects an increase to the reserve totalling $3,910,01,
B-338 - Central Storese .This is the year end closing transfer for
the Central Stores support service department for 1980-81 totalling $102,472,22,
The transfer reflects an increase to the reserve totalling $1,0970$30
B-339 - Central Communicationse This is the year end closing transfer
for the Central Communications support service department for 1980-81 totalling
$188,4740390 This transfer reflects an increase to the reserve totalling
$2,5670970
8-340 - Communications General Insurance, Bata Processine Services
and Utilitieso This is the year end closing transfer for Communications,
General insurance, Data Processing Services and Utilities line items in the
various operating departments in the .county, The transfer totals:; $445,987073
and reflects an increase to the reserve totalling $111,365056, an increase
to the road reserve totalling $10,510028, an increase to the revenue sharing
reserve (jail addition) totalling- $83,55io27, and an increase to the Fish
and Game reserve totalling $20,89,
B-341 - Miscellaneouse This transfer closes those non-general fund
departments whose budgets were not deficient in total for fiscal year 1980-S1o
The transfer totals $110,3840520
B-342 - Miscellaneouse This transfer closes those general fund
operating departments whose total budget was deficent at the close of the
19$0-81 fiscal year, The transfer totals $143,573005 and reflects a decrease
to the reserve totalling $67,4170400
B-343 - Sheriff Administration Welfare Administration and Librarieso
This transfer closes the Sheriff's Administration, Welfare Administration and
Libraries budget for the fiscal year 1980-81 totalling $128,856°930
B-344.- Miscellaneous_o_ This transfer reflects the year end closing
for those general fund county departments and road funds whose total budget
was sufficient for the 1980-81 fiscal yearn The transfer totals $999,004090,
B-345 - Road Maintenanceo This transfer closes the various line
items within the road maintenance budget for the 1980-81 fiscal year totalling
$2,577,157047,
B-346 - Road Constructions This transfer closes and transfers
appropriations within the Eoad Construction projects and distributes approp-
riations in miscellaneous projects pursuant to the final 1980-81 budget
totalling .$244,664012,
B-347 - Public Works - Transportation Svstemso This is a transfer
totalling $81,654,00 increasing the appropriation in the transportation system's
enterprise fund resulting from additional distribution of SB 620 funds by the
Butte County Association of Governments which occurred on April 1, 19810
Page 124.
August 4, 1981
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August 4, 1981
B-348 - Probation - OCJP Victim Witnesso This is a $2,959,93 transfer
from the reserve to various line items within the P~Qbation OCJP Victim Witness
budget and is necessary to correct budget transfers B-329 and B-340,
8-349 - County Service Areas. Increases the appropriation for
Gounty Service Area 60 (Iassenwood streetlighting) in the amount of $28
with funding coming from charges for current services. The transfer also
increases the appropriation of County Service Area 25 (Shasta Union drainage)
in the amount of $1,427 with funding coming fzom property tax realization.
B-350 - Count Service Areas 62 and 74 Transfers $115 from the
reserve to the county service area loan revolving fund and distributes $15
to County Service Area 62 {Rancho de Thunder streetlights} and $100 to
County Service Area 74 (Brentwood streetlighting), The purpose of this
transfer is to record the loans to the county service areas in accordance
with resolutions adopted by the Board of Supervisors.
APPROVE VARIANCE RENEWAL FOR PLACEMENfi OF MOBILE HOMES
On motion of Supervisor Dolan, seconded by Supervisor Saraceni
and carried, the following actions were taken: '
1, Approved variance renewal for Harold'".Deal to Sections 19-10
and/or 19-12 of the Butte County Code for placement of a mobile home on
AP 35-29-2-25, 2176 East Kusel Road, Oroville area, zoning: "ARMIi".
2, Approved the variance renewal for Edgar C. Norwood to Sections
19-10 and/or 19-12 of the Butte County Code for placement of a mobile home
on AP 28-13-024, Bangor Park Cutoff Road, .Bangor area, zoning:"A-5".
3o Approved variance renewal for Reginald Stevens to Sections
19-10 and/or 19-12 of the. Butte County Gode for placement of a mobile home
on AP 36-32-23, 4115 Foothill Boulevard, Oroville area, zoning: "A-5".
'2183 (APPROVE ADOPTION OF SECTION 3 PLAN - HOUSING AND COMMUNITY DEVELOPMENT
Pat Osborn;, Connerly and Associates, Inc., set out the background.
on the affirmative action plan for eligible area businesseso In accepting
the block grant funds and to comply with certain laws local governments are
asked to use their funds to extend opportunity to small business and to
extend loans to law income residents. They have presented a dtaft plan
to be in compliance with Section 3o There are simple forms to be filled out.
There was a motion by Supervisor Saraceni, seconded by Supervisor
Wheeler, the Section 3 Plan as required by Housing-and Urban Development Act
of 1968 to extend business and employment opportunities connected with HUD
assisted projects to business concerns and lower income residents residing
in the Section 3 area be adopted,
Jess Humke, Chico, stated someone should review the procedures for
discrimination to the physically handicapped .';.~He,'did not feel Butte County
Housing Authority was in compliance on multi-dwellings within the state and
federal guidelinesa He felt it did effect this plan being proposed today.
They are to make it 100 percent aesesible to the handicapped at no cost
increase.
Mr> Humke's concerns were referred to Butte Connty Housing Authority
and Housing and Community Development for reports back.
Vote on motion:
AYES: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseley
NOES: Norie
ABSENT: Supervisor Lemke Page 125.
August 4, 1981
Motion carried.
2184
2185
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August 4, 1981
APPROVE PUBLIC WORKS ITEMS
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the following Public Works items were approved:
1. Accepted the work of Robinson Construction Company, Inc. for
Oroville-Quincy Highway, Project 27503-80-1; authorized the Chairman to sign
the notice of completion and direct the clerk to record said notice with
the Recorder,
2, Approved the Eagle timber sale Forest Development Road
Cooperative Agreement for maintenance of a portion of Humboldt Road by
the U. S, Forest Service with no county funds involved and the.
Chairman_authorized;_ _~~` to sign on behalf of the county.
3. Approved the special bus transportation services agreement
with Butte.County Transit System to utilize~~buse in passenger carrying
service that are now running empty as they travel from the contractor's
yard in Chico to/from route starting/ending points in Paradise and Oroville;
the agreement to provide for payment to the contractor equivalent to the
farebox revenue expected as a result of providing this service and allows
Public Works to terminate the special runs if they do not produce sufficient
revenue at an estimated cost this fiscal year at $2,700 and the Chairman
authorized to sign.
APPROVE ESPLANADE AT LASSEN AVENUE TRAFFIC SIGNAL INSTALLATION AND PLANS
AND SPECIFICATIONS - ADOPT RESOLUTION 81-181
Clay Castleberry, public works director, stated there has been
some changes made in the Esplanade and Lassen Avenue traffic signal project.
He is supportive, He asked the Baard's approval subject to approval by
BCAG as the funds are under SB 325, They will not open the bids until
after the final budget hearing,
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the following Public Works items were approved:
1. Resolution 81-181 approving Program Supplement 23 for traffic
signal installation at Esplanade and Lassen Avenue to Master Agreement
No. 03-5912 (federal projects) covering the funding for traffic signal
installation at Esplanade and Lassen Avenue in Chico, Project No, M-Y762{3)
with funding from federal, $81,037; county, $12,963; for total cost of
$94,000 was adopted and the Chairman authorized to. sign.
2. Approved plans and specifications far Esplanade at Lasses Avenue
traffic signals, FAU Project M-Y762(3) and authorized the Chairman and the
Director of Public Works to sign said plans; adopted the wage scale; and
set the bid opening for August 27, 1981 at-11:00 a.mo in the Public Works
office.
CONTINUE TO SEPTEMBER 15, 1981 - CLOSED HEARING DANIEL L, MCWILLIAMS,
PROPOSED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACT AND DENIED
USE PERMIT TO ALLOW A SECOND 52NGi~E I+AMILY DWELLING ON PROPERTY ZONE_-
"TM-5" (TIMBER MOUNTAIN - FIVE ACRE PARCELS) LOCATED ON THE SOUTH SIDE
OF {dEI1$P_.$It~NG PINBSrROAA,APPROXIMATELY 1/4 MILE EAST OF COHASSET ROAD,
COHASSET AREA:.
The hearing on Daniel L, McWilliams proposed negative delcaration
regarding environmental impact and denied use permit to allow a second
single family dwelling on property zoned "TM-5" (timber mountain -five
acre parcels) located on the south side of Whispering:°P.inesltRoad,,~pproximately
1/4 mile east of Cohasset Road, Cohasset area, identified?' as AP 56-12-65
was held as continued,
Page 126.
August 4, 1981
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August 4, 1981 _
Supervisor Dolan stated this hearing had been held over until there
was a full Board present,
The hearing was continued to September 15, 1981.
2187
2188
ADOPT ORDINANCE_2240 - LOUISIANA PACIFIC FOR INCLUSION INTO THE TP-160 ZONE
Charlie Woods, planning, stated this was a request by Louisiana
Pacific to take approximately 140 acres on seven parcels and place in the
timber preserve zone., The property is located approximate) y 18 miles north
of Oroville. Planning Department recommends adoption of the ordinance,
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, the inclusion into the "TP-160" zone for property identified as
AP 71-04-10, 11, 13, l4, 15, 16 and 17 for Louisiana. Pacific; Ordinance
2240 was adopted and the Chairman authorized to sign.
ADOPT RESOLUTION 81-182 - REVISED COUNTY ENVIRONMENTAL IMPACT REPORT GUIDE-
LINES AND FILING FEES
Charlie Woods, planning, set out the background on the revised
County Environmental Impact Report Guidelines and filing ,fees at this timed
The matter was referred to the Land Development Committee and their concerns
were that the first appeal process go directly to the Board and some concerns
about the fees.
There was a motion by Supervisor Wheeler, that Resolution 81-182
revising the Butte County Environmental Impact Report Guidelines and filing
fees be adopted and the Chairman authorized to sign.
Del Siemsen, acting county counsel, asked that the motion include
the amendments as set out in Earl Nelson, Environmental Review Coordinator's
memo of July 20, 1981, He stated the sentence regarding discussion of the
impact report being conducted with the project applicant is not appropriate
under CEQA, The EIR must be a independent document. fio allow the developer
to give input would take this away. They are presently under litigation
regarding this same issue.
Second to the motion by Supervisor Saracenio
Motion amended as follows:
Change "Environmental Review Director" to "Environmental Review
Coordinator" and change "ERD" to "ERC" throughout the text,
On page 3, Paragraph F, line 6, insert: "adopted" between "case"
and "within", so the line reads: "the ERC, and in any case, adopted within
105 days from the date of receipto."
On page 4, Paragraph K, line 6, add: "or shall request the applicant
to submit information in the form of a draft EIR or in a form which can be
used as the basis for preparation of a draft EIR.
Filing Fees: The schedule of filing fees at the back of the
Guidelines are to be set at $220 except for variance which are to be $140
and subdivisions whichiare to be $220 plus $5 per lot, the amount not to
exceed $500,
Vote on motion:
AYES: Supervisors Dolan, Saraceni, Wheeler and Chairman Moseley NOES:
None ABSENT: Supervisor Lemke
Motion carried. page 127.
August 4, 1981
81-2189
~,
August 4, 1983. _
DISCUSSION: RE UEST FOR INTERIM "AR-Mf'i" ZONE BY ALLEN BLOMKER AP 30-35-92
Discussion was held regarding the request of Allen Blomker for an
interim "AR-MH" zone at this time,
Charlie Woods, planning, set out the background on the request,
There is an error on the agendao The Planning Department does not recommend
adoption of an ordinance. He set out the area of the proposed request, Tt
is between 14th and 12th Street adjacent to Grand Avenue, It is currently
zoned "AR".
Supervisor Saraceni stated he had visited the site. The applicant
is going to put the mobile on a foundation and want the property to be
compatibleo
Del Siemsen, acting county counsel, stated there is no proposed
zone change in that area at the present time, They could not adopt an
interim under those circumstanceso. They can pour their foundation and apply
for a permit for the proper zoning.
There was a motion by Supervisor Wheeler for denial of the request
by Allen Blomker to interim zone to "AR-MFI" on AP 30-35-92,
A motion is not necessary at this point. No action was taken,
2190
2191
2192
APPROVE DISPOSITION OF HOUSING AND COMMUNITY DEVELOPMENT PROPERTIES AT
2523 FORT WAYNE 2510 FORT WAYNE AND 2567 ELGIN SUBJECT TO HUD APPROVAL
A report from County Counsel on the feasibility of renting property
as part of the Housing and Community Development Program held at this time,
Del Siemsen, acting county counsel ,'-set out the background from
last weeps discussion regarding renting of the homes with;the'possibility
of the rent being counted as down payment an the home. It is actually s
purchase to lease basiso Under the case law and the Attorney General this
was under Article 32 and it was within the regulationso The regulations
state you cannot use the block grant money for down payments or mortgages,
He discussed this issue with. Mro Connerlya Mro Connerly is to write to
HUD and ask if this would be considered a violationo He has received a
copy of the 3;etter Mr, Connerly sent, but there has been no written responseo
There is a time problem with closing out the block grant within a certain
period. This Board could conditionally approve the proposal subject to
final approval from HUD,
0n motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, the Housing and Community Development staff to commence procedures
for the sale of 2523 Fort Wayne, 2510 Fort Wayne and 2567 Elgin properties
was coadifiionally authorized subject to written approval of Housing and
Urban Development,
AYES: Supervisors Saraceni, Wheeler-and Chairman Moseley NOES: Supervisor
Dolan ABSENT: Supervisor Lemke
RECESS: 11:18 s.m.
RECONVENE: 11:34 a.m.
APPEARANCE: JAMES HANSEN
James Hansen, Oroville, stated he wanted to compliment the three
ladies of 'the Board who stood up to the pxessure and did what what to be
done regarding the budgeto There have been changes in the justice system.
The laws are protecting the criminal.
APPEARANCE: WARREN BACKER
Mr. Warren Sacker stated he had
He did not want to see the VeterBn~''Service
Page 128.
been in the Navy for 30 years.
Officer office closed,- The local
August 4, 1981
August 4, 1981
81- office has helped him,
S',
', Supervisor Dolan stated she did not feel the county should put some-
one in an office paid for by the county for the veterans to get the benefits
', they should be getting through the Veterans Administrat}on.• •,_
2193 PUBLTG HEARING: SPECIAL DISTRICT` AUGMENTATION FUND
The public hearing on special district augmentation fund was held
as advertised,
Jim Johansen, auditor, gave a brief history regarding augmentation
funds. At first it was used for fire and sheriff, Assembly Bill 8 provides
for this special district augmentation fund, Bail out was received in prior
years which came out as a transfer of property taxes from the schoolso
They have left the responsibility to the Board of Supervisorso The last
couple of years the Board has asked a committee of special districts to
advise them and make recommendations as to how the money should be distributed.
He has forwarded copies of that proposal which is a result of that meetingo
The committee has agreed because of County financial situation to give 20
percent of their entitlement money under their formula for the libraries
and fire protection. The county would have an additional $94,000 over and
above what the entitlement would have been. The Board has 1S days in which
to make a final decision. The districts would like a decision today.
Mike Pyeatt, assistant administrative officer, stated there had
been three letters received regarding the augmentation funds from:
Butte County Mosquito Abatement District
Feather River Recreation and Park District
Chico Area Recreation and Park District
Oroville Cemetery District.
Hearing open to the public, Appearing:
la Jeff Meith, attorney, Oroville-Wyandotte Irrigation District,
spoke regarding his letter to the Board requesting the funds being allocated
to Butte County Mosquito Abatement District be given to Oroville-Wyandotte
Irrigation District for spraying of mosquitoax,
2. William Hazeltine, manager, Butte County Mosquito Abatement
District, stated he did not feel this matter~sYiould.bd handled here, They
did not concur the $5,000 should go to OWID.
2194 APPEARANCE: WILLIAM HOUSTON
William Houston, Oroville, spoke regarding an injury which he felt
the countywas, lbe~in-~ He would like the County to make settlement.
2195 ISPECTAL DISTRICT AUGMENTATION FUND CONTINUED
The special .:.district augmentation fund was held as continued,
3. Stephen BeMiller, Chairman, Chico Area Recreation and Park
District, set out the paragraphs-from his letter. Tt was voluntary to give
for the library and fire protection 20 percent of the funds allowed, He set
out the budget adjustments as a result of Proposition 13 to ': CARD. They
would be unable to function with the cutbacks they have already suffered if
it was not for the special district funds.
Chairman Moseley stated if they were all in agreement she felt it
was fine from the input they have already received.
Supervisor Wheeler stated the committee had met with Supervisor
Dolan and had complied with the•~.ounty on this issue. She appreciated the
fact they had all worked together,
Page 129.
August 4, 1981
83-
a
2196
August 4, 1981 _ - , - - -_ _ _ _ _ _ ~ _ _ _
Mr< Johansen stated there was $18,720 of unapportianed balance.
It might be appropriate to put.that money on hold to remain in the fund
for six months in case there should be an urgent need.
4. Elden Brown, president, Butte County Special District Assoc.,
presented their resolution which was adopted the previous evening agreeing
to transfer 20 percent of it entitlement for library and fire protection.
On motion of Supervisor Saraceni, seconded by Supervisor Wheeler
and carried, the distribution of 1981-82 special district augmentation
funds as recommended by the Special District Augmentation Fund Committee
be accepted, to retain $18,720 in the unapportioned balance far a period
of six months and if there is no special need the funds will be reapportioned.
ADOPT RESOLUTION 81-183 AND 81-184 - WOODRIDGE RANCH ESTATES ASSESSMENT
DISTRICT
The public hearing an Woodridge Ranch Estates Assessment District
for determination of public convenience and necessity and hearing of protests
was held as advertised,
Clay Castleberry, public works director, stated Mr. Brunsell,
'bond_counsel was unable to remain because of prior commitments. The
proposal was for an assessment district `in the Nimshew arena It is an
unusual time in the bonding market and they have decided to wait until a
later time to go ahead with the proposed districto He asked that the Board
consider the adoption of two resolutions rejecting the construction bids and
abandonment of the assessment proceedingso
Hearing open to the public, Appearing:
1. Mrs Franklin Sutler stated she had a letter on file in protest
to the district. She did not understand Mr. Castleberry's comments.
Mr. Castleberry stated the bond market was not good and the
developer was abandoning the district. The map itself has 'been approved
and can proceed if they post the cash guarantee for improvements.
Mrs. Butler stated their objects were to the access. There is
only one access to the area and a dead end street.
2. J. C. Baughcannon stated he lived directly across from the
proposed development, He was concerned about the curvature. of the road.
There would be damage to the road because of increased traffic.
Mr. Castleberry invited Mr. Baughcannon to look at the plans of
the development on the tentative parcel map which has been approved.
Hearing closed to the public and confined to the Board,
On motion of Supervisor Dolan, seconded by Supervisor Wheeler and
carried, the following action was taken regarding the Woodridge Ranch Estates
:Assessment District:
1, Adopted Resolution 81-183 rejecting construction bids,
2. Adopted Resolution 81-184 abandoning assessment proceedings,
2197 PUBLIC HEARING: DAN HAYS, SR., APPEAL OF REQUIREMENT FOR AN ENVIRONMENTAL
IMPACT REPORT ON A GENERAL PLAN CHANGE TO AN INDUSTRIAL DESIGNATION AND REZONE
T0~"M-1" (LIGHT INDUSTRIAL}~ AP 40-13-22, 23 AND 24 FOR PROPERTY LOCATED AT
THE INTERSECTTON OF PENTZ ROAD AND HIGHWAY 99~_ SOUTH OF CHTCO
The public hearing on Dan Hays, Sr. appeal of requirement for an
environmental impastr.report on a;;;G,eneral Plan change to an industrial ._
Page 130.
August 4, 1981
8]
3
August 4, 1981
designation amd rezone to "M-1" (light industrial), AP 40-13-22, 23 and 24
for property located at the intersection of Pentz Road and Highway 99,
south of Chico was held as continued,
Charlie Woods, planning, stated this is a continued hearingo He
set out the background on the project,
1. Russ Croninger, Ringel and Associates, stated the information.
has been reviewed a number of times. Mr, Hayes, Jro has some information
to present to the Boardo
2. Dan Hays, Jro stated he was representing his father. There
has-been discussion regarding traffic on Highway 99. When Caltrans projected
the amount of traffic. they considered traffic to Butte College and any
new businesses that might be generated, Mr. Hays. presented a study of
Traffic Generation Characteristics to the members. At the time Caltrans
made their study the zoning was industrial, It will cause additional
traffic on Highway 99. They do not feel thereiwill be€.a:;sigiii.ficant effect
on Highway 99o Service oriented commercial generates no additional traffic,
You get secondary traffic, They have several people wfio.would like to loc&te
out ther~o They are manufacturing facilitieso They do ':.not feel there will
be a significant impact,
Mr. Croninger stated they will not be generating any more traffic
than was projected when the freeway was built,
Hearing closed to the public and confined to the Board,
On motion of Supervisor Wheeler, seconded by Supervisor Saraceni
and carried, the appeal of requirement for an environmental impact report
on a Ceneral Plan change to an industrial designation and rezone to "M-1)
(light industrial), AP 40-13-22, 23 and 24 for property located at the
intersection of Pentz Road and Highway 99, south of Chico for Dan Hays, Sro
be upheld, based on the fact issues listed by Environmental Review as the
scenic highway is not within the scenic highway corridor and traffic as an
issue alone cannot be considered;a:further finding there will not be a
significant impact on the proposed project or a significant effect on the
environment;
AYES: Supervisors Saraceni, Wheeler and Chairman Moseley NOBS: Supervisor
Dolan ABSENT: Supervisor Lemke
2198 CONSIDERATION OE RESOLUTION .FORMING A MUNICIPAL ADVTSORY COUNCIL (MAC) FOR
THE CHAPMANTOWN AREA IN CHICO
Consideration of a resolution forming a Municipal Advisory Council
(MAC) for the Chapmantown area in Chico was held at this time,
Supervisor Dolan stated people have taken time off from work to
attend the meeting today. The resolution was continued from last week because
of changes in the proposed resolution, The issue will be on the November 3rd
ballot. This will give them a change to evaluate them after the third year
to determine if it should be approved and continued She is convinced it will
be effective. There will be no budgeto The residents will have fund raisers
for their expenses. The area has a definite history and identity, This will
allow residents a way to achieve the answer to their questions and indicate
who speaks for Chapmantown. This has not occured in the pasto It will save
staff .time and help the supervisor at public hearing time, It should eliminate
conflictso
Earl Nelson, environmental review coordinator, stated he helped
with the MAC in Paradise. It was a way of organization and method to have
actions handled by the Board be given the full participation of that area.
.Page 131,
August 4, 1981
8T'-
_ _August 4,_1981 _ _ _ __ __ __ _ _ __ _ _
Ct was~a helpful group to him in his work regarding impact reports and data.
Clay Castleberry, public works director, stated he approached the
Paradise MAC with a lot of reluctance as there were a lot o£ problems. They
corked with him and his staff and provided valuable information to his office.
David Gazzeti, Chico City Councilman, felt it was important to
participate and help local government, He did not feel MAC would be another
Layer of government. It is a unique area and is surrounded by the City of
Chico but is within the County. They feel left out,
William Brashears, Chico City Councilman, felt in the governmental
process they need this type of advisory agencies. The residents in the
Chapmantown area are unique and deserve better than they have been getting,
For the Board to "t.turn their back is a slap in the face, The people are
trying to control their destiny.
Robert Elton, Chapmantown area, stated 245 residents responded to
a survey taken over the weekends The majority were aware of the proposed
MAC organization and were in favor, They did not feel it, would be another
layer of government. He urged the Board to adopt the resolution and support
the formation of MAC,.
Karl Ory, Chico City Councilman, stated he was not sgeaking as a
member of the City Council, It is not the City's responsibilityo They have
invested money in the areao It was the target area of HUDo It has been
said the group might be used for opposition to annexationo They would be
a bi-partisan group..
Anne Seymour, Chapmantown area, felt it was obvious they do want
a MAC in °the area, They are not asking for county fundso The people in
the area are supportive of the advisory council,
follows:
Letters of support for the Municipal Advisory Council were as
Do De Lu
Linda Hartman
Rita Cuet
Marla Johnson
Shelton T, Epochs
Mark .Hooper
Christy Santos
Priscilla L, Hanford
Anne Seymour
Supervisor Saxaceni stated it sounds from the audience they are
not represented by a supervisor. They are represented by five - supervisors
and have access to themo There are community groups and home owners who can
organize. He has listened to all of the information presented and given it
his consideration. He cannot support this MAC,
Supervisor Dolan stated what they are saying is for 16 years they
were not represented as their supervisor lived in Paradise. She is working with
them but was not elected by them because of the change in supervisorial
districtso Her reason for objecting to the change in districts was because
there were no hearings fox public response. It has been hard to convince
the people of the Chapmantown area that the Board of Supervisors would listen
and did want their inputo
Chairman Moseley stated she had some reservations. The TAC formed
a group and has been very activeb_=.If one supervisor does not listen there are
Page 132.
August 4, 1981
ST-
~'',.
~~x
August 4, 1981
£our others who will listen,
Supervisor Wheeler stated a resolution has been prepared. If a
vote was taken it would not pass. There is a time element involved, She
would like to ~aee this establishedo Her areas are more rural and have
different needs. She suggested continuing the matter until Supervisor
Lemke returnso
Supervisor Dolan stated in order to get the matter on the November 3rd
ballot;. it must be voted upon todayo Two weeks ago there was a motion of
intent to approve this issued This is a most appropriate and effective way
to gain input, there is no reason to turn it downs To hold it would place
it in abeyance and hold it until the June election, She brought the idea to
the Chapmantown residents and they carried the ball. By turning this down
they are saying no ~~to the people, they do not want to listen.
On motion of Supervisor Dolan, seconded by Supervisor Wheeler, the
resolution to form a Municipal Advisory Council (MAC) for the Chapmantown
area in Chico per her handwritten notes and calling for an election of seven
representatives to be conducted during the November election be adopted and
the Chairman authorized to sign.
Vote on ntotion:
AYES: Supervisors Dolan and Wheeler
NOES: Supervisors Saraceni and Chairman Moseley
ABSENT: Supervisor Lemke
Motion failso
199
2200
2zo1
The resolution regarding formation of MAC to be brought back upon
Supervisor Lem~ee's returno
CONTINUE TO AUGUST 11 1981 - APPOINTMENT TO THE HOUSING ELEMENT TASK FORCE
The appointment to the Housing Element Task Force- District 4 was
continued to August 11, 1981,
CONTINUE CONSIDERATION OE' OPPOSITION TO AB Q~074 (ROBINSON - CANCELLATION OF
WILLIAMSON ACT CONTRACTS - SUPERVTSOR DOLAN TO BRING BACK
Supervisor Dolan is to bring back consideration of opposition to
AB 2074 (Robinson - cancellation o£ Williamson. Act contracts).
A letter was received from Thermalito Irrigation District regarding
their response to the bill.
RECESS: 1:25 p.ma
RECONVENE: 1:38 p.m.
COMMUNICATIONS
Gerald Wo Quist, Gridleyo Mr. Quist writes appealing the proposed negative
declaration regarding environmental impact and the Advisory Agency's
denial of a tentative parcel map, AP 22-25-05, tz,7o parcels, property
located on the west side of Kofford Road, north of Colusa Highway,
Gridley area. Set for public hearing on August 25, 1981 at 10:15 aom~
(Russell Darling, Chico. Mro Darling writes appealing the Advisory Agency's
condition No. 1 on a tentative parcel map, AP 45-412-78, four
parcels, property located on the north side of Vallombrosa Avenue,
approximately 1,000 feet east of Juniper Street, Chicoo Set for
public hearing on August 25, 1981 at 10:30 a.m.
Page 133.
August 4, 1981
81
a
August 4, 1981 _ _
Jeffrey A, Meith, attorney at law. The attorney, on behalf of Oroville-Wyandotte
Irrigation District,_writes requesting the Board consider allocating
$5,000 to the Irrigation District rather than the Butte County
Mosquito Abatement District in order to resolve a conflict between
the two entitieso Information; considered earlier in the meetings
Mary E, Schwindeman, Oroville, MrBo Schwindeman writes asking that the
Board consider a 5 percent pension increase for retired employeesa
Information; presently under consideration.
Mr. and Mrs. Franklin Butler, Magalia. Mr. and Mrs. Butler write with
regard to the Woodridge Ranch Estates Subdivision and the"need
for further access. Information; considered earlier in the meeting.
Roslyn Sylvester, attorney at law. The attorney, on behalf of Kevin Patrick
Shanahan, forwards a claim in the amount of $100,000 as a result of
alleged damages arising from an incident at the Sheriff's Depart-
' went on April 19, 1981. See motion following communicatfions.
William T, Houston, Berry Creek, Mr. Houston forwards a claim requesting
settlement in the amount of $135,000 as a result of injuries and
alleged damages incurred as a result of an accident with a county
owned vehicles Referred to County Counsel and Risk Management
Coordinators
Library budget. Two letters have been received requesting that the Board
reconsider the reductions in the library budgets Information;
no action taken.
Sheriff's budgets Three letters have been received in follow-up to the
Sheriff's proposed reductions and its impact on services, Information;
no action taken.
Charles H. Scull, Magalia. Mr, Scull writes with regard to catastrophic
disaster planning for the Upper Ridge and requests that meetings
be held with various safety agencies of the county, Referred to
Civil Disaster Coordinator Tom Struthers.
State Department of Water Resources. The Department writes forwarding infor-
mation with regard to the Board's earlier request to consider
repairing an eroding bank on Little Chico Creek using funds from
Maintenance Area 5o Referred to Public Works and Supervisor Dolan.
Leon F, Marvin, Magaliao Mro Marvin forwards a letter and petition from the
residents along Nimshew Road regarding posting of a 35 mile per
hour sign, Referred to Public Works Director,
APPROVE REJECTION OF CLAIM - KEVIN PATRICK SHANAHAN
On motion of Supervisor Wheeler, seconded by Supervisor Dolan and
carried, the claim of Kevin Patrick Shanahan in the amount of $100,000 as a
result of alleged damages arising from an incident at the Sheriff's Department
on April 19, 1981 was reject and referred to County Counsel and Risk Manage-
meet Coordinator>
2202
RECESS: The Board recessed at 1:43 p,mo to reconvene on Tuesday, August 11,
1981 at 9:00 aom.
Page 134.
August 4, 1981