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HomeMy WebLinkAboutM022972February 29, 197? STATE OF CALIFORNIA ) S5 COUNTY OF BUTTE ) The Board~of $upervisors met at 9:00 a.m, pursuant to adjournment, Present: Supervisors ~Iadi_gan, Maxon, McKillop, Reynolds and Chairman Gilmano Clifton Nickelson, Administrative Officer, Dan Blackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. INVOCATION: Rev. Ralph Bower, .Ira, St. Paul's Episcopal Church, Oroville. Pledge of Allegiance to the Flag of the United States of America 72-373 APPROVAL OF MINUTES On motion of Supervisor McKillop, seconded by Supexvisor Reynolds pnd unanimously carried, the minutes of February 22, 1972 were approved as mailed. 72-374 COMMUNICATIONS County Librarian. Mrs. Texry wishes to inform the Board that the California /~ p ~ State Library has notified her that the $20,000 consolidation grant for consolidation of the Sutte County Library System with the Oroville Public Library System has been approved. The Board approved this application. by Resolution No. 71-222 and at budget time it was stated that when the grant monies were received these would be set up in the County Library budget in order to pravide for their use as authorized under the grant. Grant will be used primarily for expenses, supplies and equipment needed in coordinating the 30,000 volumes of the Oroville Branch into the County Library System. Discussed; no action taken. Buttq County Licensed Mortuaries. Communications have been received requesting increases in the fees. to be paid by the County of Butte to the mortician / rendering services for the burial of indigents: The Gridley Funeral l0 3 ~'~ ~ Chapel, Hall-Van Hook Funeral Chapel, Scheer Memorial Chapel, Robe Chapel, Inc., Paradise Chapel of the Pines, Hamilton and Riley Funeral Chapel, Sanford and Mullen Mortuary and Block Funeral Home, The increases which are detailed in each lettex would be effective .7uly 1, 1972. Referred to Administrative Officer for report back to the Board . Mrs. Betty B, Short, Orovilleo Mrs. Short writes in support of keeping the 0 Q,0 v Butte County Community Hospital open. Discussed and directed to be place~in the Hospital file. LeRoy Main, Gridley constable. Constable Main informs the Board that he does not plan to file for re-election in the 3une 2 primary due to ill ~ 4 oZ, ~ ~ health and other personal reasons and that he will be retiring from the office on December 31, 1972. Discussed; no action taken. Robert A. King, Paradise. Mr. King writes as head of a committee for rezoning and requests interim rezoning of a parcel of property in Paradise, j ~ ~j,t) U Assessor's Map 53-23 from A-2 limited to A-R. Referred to Planning Directox for his report to the Board-. Thomas C. Fox, architect, Chico, Nr. Fox sends letter and brochure to the Board of Supervisors advising that he is a local independent architect ~ ~. ~ ~ and solicits Board consideration for future projects, Discussed. Administrative Officer has talked to this man; no action taken. Paradise Council on Aging, Inc. The Council writes to inform the Board that .0 v it unanimous~.y adopted a resolution urging the Board to authorize 0 Q' continuance of the Butte County Hospital. Discussed; no action taken. Page 399. February 29, 1972 _____~~ W=~=-..=~Februar~29=~9~2==_~===r~F~F~F Gridley-Biggs Cemetery District. The District Directors Hinaman, Johnson and Sligar write that they are desirous of continuing office as directors of the Gridley-Biggs Cemetery District after their term expires in May, 1972. They request the Board to give consideration to their reappointment. Placed on-the agenda for Tuesday, March 7, 1972 for reappointment. Region III, California Council on Criminal Justices. Mr. Casagrande, planning director, writes regarding previous discussions with other counties in an attempt to determine feasibility of a regional juvenile hall. He encloses questionnaire and requests that Butte County complete the questionnaire and forward to `him, the same questionnaire having been sent to Plumas County, Colusa County and Glenn County Board of Supervisors. Administrative Officer will make copies of the questionnaire for Board members'. and they will study the matter and report back ~o him. Northern California CountySupervisors Association. Norman A, Wagoner, secretary, ~ D ~ ~ ~ writes to thank the Board for being an excellent host at the meeting held in Chico February 11 and 12. Information. County Supervisors As&ociation of California. A copy of the proposed CSAG policy positions on public employee relations - 1972 is forwarded with a request for comments to be submitted prior to the March 2, 1972 meeting. Discussed. Chairman Gilman stated there would be a meeting in Monterey to discuss HR1. Matter discussed; no action taken. Stockton State Hospital. The Hospital forwards copy of its letter to ~ V Dr, Maguire, the director of Butte County Mental Health Services, '~ ~ O• outlin~xig the "Admissions and Intensive Treatment Program" at the Hospital. Information; no action taken. State Board of Equalization. The Board writes re revisions of county local sales and use tax ordinance and agreement for state administration necessary to conform the existing ordinances and agreements to Senate Bill 325. They enclose eight copies of the uniform ordinance and uniform agreements necessary. Referred to County Counsel for his study and recommendation. State Water Resources Control Board, The Board sends notice of application to appropriate water ~k23645 by Earl R. Herring from Grizzly Creek tributary to the West Branch of the Feather River, Referred to George Stamm. State Senator Arlen Gregorio. The Senator forwards copy of Senate .Constitutional ~ ~ Amendment No. 2 which would esta$lish an independent and non partisan re- U ©~ apportionment commission, He solicits endorsement for the bill and invites comments and criticisms. Discussed; no action taken. Dan Pellicciotti, Oroville. He presented a list of over 600 people who ere O ~ ~ D vitally interested in keeping the Butte County Hospital open, to Supervisor Maxon. He set out his feelings concerning the hospital. Letter read and discussed. No action taken. Superior California Water Associations Notice of meeting to be held March 1, 1972 in Red Bluff. Read and discussed. Biggs-Gridley Memorial Hospital. Relates to the possible closure of the County f 0 Q ~ J Hospital, They set out their conclusions in the matter. Read and tD discussed, No action taken. Dr. Ronald R, Vogel, Chico. He states that Mr. Walter Grimes had constructed i/ ~ ~•~ p the homes in the subdivision discussed last week; he now states that 7 Mr. Grimes di,d not construct the homes. Read and discussed. No action takena Catherine Hovey, Berry Creek. She objects to night hunting in the Berry Creek area. Discussed; no action taken, Mrs, James Best. She sets out her feelings about the closure of the hospital. ~p D O.o d Letter to be placed in the hospital file. Clark A, Nelson, County Clerk. Clerk`s Certificate to Original Initiative Petition on the Jere Reynolds Recall Petition. He states that 1106 qualified electors signed said petition, No action needed. Page 400. February 29, ~.97a February 29, 1972 o~ O~ o~ C q~~ q o C= c P c o 0 0 0 :-. o ~ ~ P o G F rr :• F A F a P 72-375 PUBLIC WORKS ITEMS APPROVED: ADOPT RESDLUTION 72-45, CERTIFICATION N0. 2 FORBE9TOWN ROAD, FAS PROJECT, RIGHT OF WAY ACQUISITIONS, ETC. On motion of Supervisor Maxon, seconded by Supervisor McKillop and unanimously carried, the following action was taken: 1. Approved right of way Certification No. 2, Forbestown Road-FAS Project 759(4), adoptgd Resolution 72-45 authorizing Chairman to sign said Certification and authorized the Chairman to sign said Resolution. 2. Approved agreement for sale, right of way acquisition, authorized Chairman to sign and authorized Auditor to issue warrant upon demand of County's escrow agent on the following: Skyway 51261-71-1(T4) S, Clewett et ux; 0,05 ac. Oroville Dam Blvd. @ Sth Ave. T-3053(1) 0.015 ac. (Jeanette Off ley (Seely) $3,711 No impr, $ S59 No impr, and 3, Accepted deeds for right of way acquisition,/authorized the Chairman to sign certificates of acceptance on the following: Pentz Road 43431-69-1 Pcl. 3 A, Maas Foster Road (Parcel Map) AP 52-26-40 M, Gaukel Cohasset & Vilas Roads AP 56-09-18 J. Stutz (Parcel Map) Pentz-Magalia Hwy. AP 50-211-47 J. Carr (Parcel Map) 72-376 REPORT: COHASSET ROAD REQUEST FOR SALE OF SURPLUS PROPERTY Clay Castleberry, Director of Public Works, reported on the request for sale of surplus real property on Cohasset Road. He recommended against the request. Loyd Meyer has requested permission to purchase the property. Mr. Castleberry explained his reasons for objecting to the sale of this property to Mr. Meyer. The Chico Planning staff has also recommended degial of the requested. Board members will look at the site Wednesday, March 1, 1972 during-their road tour. 72-377 DTSCUSSION AND ANSWERS OF CHICO'S LETTER REQUESTING COUNTY TO TAKE JURISDICTION OF EAST AVENUE NEAR PARTRIDGE SCHOOL Clay Castleberry, Director of Public Works, set out the two proposals of the City of Chico concerning jurisdiction of East Avenue near Partridge School, He explained the City's two recommendations. Mr. Castleberry did not feel that either of the two recommendations were the best answers. He feels that the County's participation in the installation of the lights would be the best answer, Chairman Gilman requested that Mr. Castleberry write a letter to the City of Chico stating the County's offer concerning the participation in the installation of the lights. Chairman Gilman will sign the letter and Supervisor Madigan will present the letter to the City of Chico for their meeting scheduled in Chico this evening. 72-378 RECREATION STATUS REPORT Mr, Castleberry reported that the contract work for Lime Saddle is 90% completed. The State has asked theBoard to consider the landscaping for the area. Mr. Castleberry said he would bring the proposal for the landscaping to the Board at a later date. Supervisor Maxon said that on the same subject of Lime Saddle, he would like to discuss the matter of passes, At the present, the passes can be page 401. February 29, 1972 F PFPP~-P=-=~=P=February 29,=1972 F~FF=~=w=wF~~ acquired at Gien Drive at the State Park & Recreation Department. He feels that there should be a place in Chico and Paradise where these passes can be purchased. Mr, Castleberry will ask the State Parks and Recreation Department if they have an agency in Chico and Paradise that could handle this matter, and will report back to the Board. Mr. Castleberry reported that at the Board's direction, they havq applied through the Wildlife Conservation .Service for funds to improve launching services, Mr. Castleberry said he has material concerning possible acquisition of funds far trails. Supervisor Reynolds has given him information on this matter last week. Supervisor Madigan questioned Mr. Castleberry about the collections fxom Time Saddle. Mr. Castleberry will check with the County Auditor regarding this matter, 72-379 DISCUSSION OF COUNTY HOSPITAL ~ Q`~ ~ County Hospitalnandiarriveaatdatdecishon instheematter~etThe ClerksWasthe lD requested to read the minority report of Supervisor McKillop and the memq from Ev Bosworth to Chairman Gilman. County Counsel's opinion read and explained by County Counsel. Supervisor Maxon had requested the opinion from County Counsel of what would happen if the Board decided to close the hospital and then the Charter Amendment carried in the June Primary. If the initiative qualifies for the ballot, it would be voted upon by the people in the .Tune Primary, Mr. Blackstock explained the timing in this matter, Mr. Blackstock set out the Government Code sections governing this matter, He said the hospital license if an annual license, running on a calendar year. The present license would expire December 31, 1972. The Hospital's accreditation will end June 17th, 1972. He said there were no provisions to cover the County's position. He said there was no provision that states that upon the closing of the hospital, the County must surrender their license. Mr. Blackstock explained the problems involved in this matter, RECESS: 10:15 RECONVENED: 10:30 Discussion resumed on the matter of the hospital, Supervisor Maxon said he feels that County Counsel's opinion answers the questions that he had. He feels that this Board could reopen the hospital any time prior to December 31, 1972. Supervisor Maxon said that he feels that this Board has not done their job as far as the administering of the hospital was concerned. He said that .60 on the dollar was due to the inefficient administering of the hospital and that the antiquated condition of the hospital prevents it from being operated efficiently. He believes that if the hospital continues to operate, it would require a large expense on the part of the tax payers. He said the Board would have to budget a great deal of money to make the needed repairs to the hospital if it is to continue to operate, Supervisor Maxon said he dces not believe in the present concept of govern- ment controlled medicine, He said the County does have good personnel at the hospital, and that the hospital provides goad service to the sick. Supervisor Maxon went over the report of Supervisor McKillop. Supervisor Maxon Said the initiative that is being circulated is not very clear. He feels that information. should be provided to the public. He said he would be in favor of closing the hospital. He said if the hospital were to be closed, and the initiative passed, he would want to know that the County could reopen the hospital. Page 4.02. February 29, 1972 ~ ~ p ~ a ~ ~ ~ ~ ~ ~ ~ =Febsuar~ 29~ 19Z2_ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _ _ ~ Time spent by the Board members discussing the problem of the County hospital. Supervisor McKillop took exception to the statements of Supervisor Maxon and the statement of Ev Bosworth, He said he does not know if the State of California will have enough money to fund Medi-Cal; they might reduce the amount of money in the area that they carry the indigents. Supervisor Reynolds said he disagrees with Mr, Nickelson and Mr. Bosworth concerning their statements. He said he also takes exception to the statements of Supervisor Maxon. He said the County does not have any agreements with the private hospitals for the care of the indigents. He had figures that show why the costs are up at the hospital. Many of the hospitals are not taking~Medi-Cal patients. He stated that the out-patient care at the hospital has doubled in the past year, Supervisor Reynolds set out his v~.ews concerning the operation at the hospitalo Chairman Gilman commented on the matter of contracts with private hospitals. Supervisor Madigan concurred with Chairman Gilman that there should be no contracts with the private hospitals. It was moved by Supervisor Madigan and seconded by Supervisor Gilman that the Board accept the recommendation of the Hospital Study Committeeq Motion discussed. Supervisor Maxon said that about 60% of the Mgdi- Cal patients are being handled by private hospitals. Clif Nickelson, Administrative Officer, stated that the County does not have to entex into contracts with. private hospitals for the care of Medi-Cal patients. These patients are being cared for by the Staten The impoverished alien indigents are the only ones that the County is responsible for; the County could put the private hospitals on notice that if these people qualify then the County will pay for them at the same rate as the Medi-Cal patients. The outpatient clinic would still remain openo Supervisor Reynolds felt the County needed prudent management at the hospital. He felt the Board members were not covering all the areas in question. Chairman Gilman said the Board had appointed the Board of Trustees to run the hospital; they were to take the problem off the Board's back. They have recommended certain things to the Board. Another study committee was appointed to study the problem and report back with a recommendation. Discussed how this matter of the hospital should be handleda Discussed changes that should be made to make the hospital more workable. Supervisor McKillop stated that the present Board of Trustees had tried to hire a new administrator; because of the uncertain future of the hospital, they did not hire anyone. It was felt that there was not much chance of getting an administrator when there was so much talk of closing the hospital. It was moved by Supervisor McKillop and seconded by Supervisor Reynolds that the motion accepting the recommendation of the hospital study committee be tabled, Motion passed on the following vote: AYES: Supervisors Maxon, McKillop and Reynolds NOES: Supervisor Madigan and Chairman Gilman Clif Nickelson, Administrative Officer, asked if the motion to table was-it pending the results of the charter amendment or would it be on the basis of having something proposed by the Board placed on the ballot. Supervisor McKillop said this would be a charter amendment; this should be put to the vote of the people. Time.. spent discussing what action should be taken at this time. Page 403 February 29, 1972 February 291 1972 Time spent discussing the hiring of an administrator for the hospital, Mr. Mickelson said there were companies that are in the business of supplying such a man. Supervisor McKillop said the Board should hire someone to run the hospital. Supervisor McKillop stated that the Board would have to reduce personnel in ratio to patient load; this would have to be done to have the hospital on a break-even basis. Supervisor Maxon said tE~at if there was not a change in the Administration of the hospital to the better, he would vote to close it. It was suggested that the Personnel Director put out feelers for an administrator-with a one year contract. County Counsel should be requested to present the ballot proposal next week. It was moved by Supervisor Reynolds and seconded by Supervisor MGKi11op that ~.t is the intent of this Board that County Counsel prepare a measure to present to the vote of the people that (1) the County continue the present hospital operation under a tight fisted operation or (2) whether a new facility should be built to house 50 patients. Roll call on motion: AYES: Supervisors Maxon, McKillop, Reynolds and Chairman Gilman NOES: Supervisor Madigan. It was moved by Supervisor Reynolds that the Personnel birector be directed to proceed with the hiring of a hospital Administrator, to work directly under the Board of Supervisors. Motion died for lack of a secondo It was suggested that the building of the new facility, if placed on the ballot, should be coupled with a bond issue. Discussed the matter of the Board of Trustees. Mr. Mickelson said that the Board of Trustees might as well be dismissed; they would have no control under a Hospital Administrator as suggested by the Board. Dan Blackstock, County Counsel, said that from the action that has been taken today, he would suggest that the Board direct the Department of Public Works to prepare estimates for the generator needed at the hospital. Supervisor Maxon said he would like a list of probable improvements that would be needed this year at the hospital. On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, the Public Works Director was directed to prepare estimates for the generator at the County Hospital and bring back said estimates for Board action. Frank Dingfelder, member of the Board of Trustees, reminded the Board that the Hospital Board of Trustees had informed the Board that they could do nothing until the Board of Supervisors made a decision regarding the hospital. They have a meeting scheduled for one week from Wednesday nighto The question is-aze the Trustees still in the same position. Are they still to function as they haven He said the Board of Trustees would move to make drastic changes at the hospital. Mr', Blackstock said he would write a letter today stating that a decision was made today to keep the hospital open indefinitely and that plans are being prepared to secure the generator. RECESS: 12:20 RECONVENED: 1:30 72-380 FURTHER ACTION ON THE HOSPITAL SITDATION Supervisor Maxon stated that there had been considerable discussion about the hospital. He believes that this hospital is antiquated, It was moved by Supervisor Maxon, seconded by Supervisor Madigan and carried that this Board agrees that the present County Hospital is antiquated and that if the County is to continue to operate a county hospital, an issue Page 404. February 29, 1972. February 29, 1972 will go on the ballot to approve the constructing of a new building (to house 50 patients) said measure setting out the costs for said construction. AYES: Supervisors Madigan, Maxon, and Chairman Gilman NOES: Supervisors McKillop and Reynolds Supervisor McKillop suggested that County Counsel prepare the measure and then discuss the costs and the ballot measure next week when it is presented to the Board. 72-381 TAKEN OFF AEENDA: MR. IOCOPI AREA MANAGER OF NOR CAL CABLEVISION The presentation by Mr. Iocopi, area manager of Nor Cal Cablevision, of the changes adopted by .the Federal Communications Commission was taken off the agenda at this time, to be placed on the agenda for Tuesday, March 7, 1972. 72-382 PUBLIC HEARING: INTENTION TO CHANGE NAME OF COUNTY ROAD, "COPPEL COURT" TO "KOPPEL COURT". PARADISE: ADOPT RESOLUTION 72-38 The public hearing on the intention to change name of County Road, "Coppel Court" to "Koppel Court", Paradise, was held as advertised, aim Lawson, Planning Director, explained the request. The final map of the subdivision had been filed and the developer has requested this change in name, The Planning Commission recommend approval of the name change. Hearing opened to the public at this time. Appearing in opposition: No one. Appearing in favo7:: No one. Hearing closed to the public and confined to the Board for action, On motion of Supervisor Maxon, seconded by Supervisor Madigan ana unanimously carried, Resolution 72-38 re-naming county highway from "Coppel Court" to "Koppel Court", Paradise, was adopted and the Chairman was authorized to sign. 72-383 PUBLIC HEARING: ABANDONMENT OF CHINESE CEMETERY. OROVILLE The public hearing on the abandonment of the Chinese Cemetery, Oxoville, was held as advertised, Dan Blackstock, County Counsel, explained the purpose of the abandonment. The cemetery had been taken. care of by an old Chinese family; there is no one to take care of it at this time. The matter became critical when the Assessor's Office picked up these cemeteries and placed a value on the property. Abandonment discussed. Hearing opened to the public at this time. Ap~ring in opposition: No one. Appearing in favor: No one, Hearing closed and confined to the Board at this time. 72-384 ADOPT RESOLUTION 72-39 DECLARING ABANDONMENT OF CHINESE CEMETERY AND DEDICATING IT AS A PIONEER PT;MORIAL PARK On motion of Supervisor Reynolds, seconded by Supervisor McKillop and unanimously carried, Resolution 72-39 declaring abandonment of Chinese Cemetery and dedicating it as a pioneer Memorial Park was adopted and the Chairman was authorized to sign. 72-385 HEARING: STANDARDS FOR LOT SPLIT UNDER AS 1301 CONTINUED The hearing on standards for lot split under AB 1301 was called at this time. Copies of the changes in the standards were presented for study, Discussed changes. The Board asked if there would be any harm in continuing this matter. Mr. Castleberry said he did not think there would be any problem if the matter were to be continued. It was moved by Supervisor Madigan, seconded by Supervisor McKillop and unanimously carried, the hearin on standards for lot split under AB 1301 age 405. February 29, 1972 _ __~_~_~~T___February29s 1972____ _ ___ _ - _ _ '- ~ .... .. ~ -. C F P G was put over one week to March 7, 1972 at 7:30 p.m,, so that the Board members can study the recommendations and take action next week. 72-386 AMENDMENT N0. 4 to county-STATE WATER CONTRACT• ACTION DEFERRED ONE WEEK At the request of the Director of Public Works the amendment No. 4 to County-State Water Contract, action was deferred to Tuesday, March 7, 1972. 72-387 DISCUSSION BY WATER RESOURCES ENGINEER OF VARIOUS WATER MATTERS AFFECTING COUNTY: DEFERRED ONE WEEK The discussion by Water Resources Engineer of various water matters affecting the County was deferred one week due to the lack of time at this meeting. 72-388 REPORT ON PARADISE PINES ~~16 SUBDIVISION Clay Castleberry, Director of Public Works, said that the Planning Commission had approved the Paradise Pines Unit ~~16 subdivision map, Many conditions have been placed on the map, Presented for Board information; map to be presented at a later date, 72-389 ADOPT RESOLUTION 72-40 OF INTENTION TO CHANGE NAME OF "BROWNSVILLE CUTOFF ROAD" TO "NEW YORK FLAT ROAD"" HEARING SET On motion of Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, Resolution 72-40 of intention to re-name County Highway was adopted, April 4, 1972 at 1:30 p.m. was set as time of hearing and the Chairman was authorized to sign. 72-390 STATUS REPORT ON WEST CHICO ZONING AREA Jim Lawson, Planning Director, gave a status report on the West Chico zoning area. He said the Planning Commission was considering that portion known as the ~rittony area, No action taken. 72-391 HEARING SET: PLANNING COMNLLSSION REPORT FTLED ON THE FRAZER LOVETT REZONING PETITION DENIAL Jim Lawson, Planning Director, discussed the report of the Plann~.ng Commission on the Frazer Lovett rezoning petition denial, He said the matter had been referred to County Counsel for their opinion, The Planning Commission is trying to determine how the matter was advertised at the time of the hearing. Jim Griffith, deputy county counsel, explained how the ordinance was worded. Dan Blackstodc, County Counsel, said he had hoped to have this matter prepared for this week, Mr. Blackstock stated that the' best thing to do was to hold a public hearing on the request of Mr. Lovetto He has prepared an opinion and it will be sent to Mr. Lovett. Public hearing set for March 14, 1972 at 1:30 p.m. 72-392 ADOPT RESOLUTION 72-41 IN OPPOSITION TO AB 281 On motion of Supervisor Maxon, seconded by Supervisor Madigan and unanimously carried, Resolution 72-41 in opposition to A$ 281 was adopted and the Chairman was authorized to sign. 72-393 ADOPT RESOLUTION 72-42 APPROVING SERVICE AGREEMENT FOR CERTIFICATION OF EGGS WITH DEPARTMENT OF AGRICULTURE On motion of Supervisor McKillop, seconded by Supervisor Reynolds and unanimously carried, Resolution 72-42 approving service agreement for certification of eggs with Department of Agriculture was adopted and the Chairman was authorized to sign, Page 40b. February 29, 1972 _ ~ ' ~ ~ ~ - _ ~ = February^29,_1972 ~ ~ _ _ _ - - ~ ~ 72-394 LAND CONSERVATION AGREEMENTS APPROVED Don Black, Agricultural Commissioner, presented proposed land conservation agreements for Board approval, Today is the last day under which the Board can pass on these applications and agreements. These agreements have been reviewed by County Counsel and the Land Conservatioq Committee and they recommend that the agreements be approved and recordedo Mr. Black explained the action that should be taken at this time. Mr. Blackstock objected to Soper-Wheeler's agreement; this is timber land and is under litigation. Mro Blackstock explained his objection to this agreement, He does not think their property should be placed under the Land Conservation Act. The Board discussed this agreement and agreed with County Counsel that it should not be approved at this time. On motion of supervisor McKillop, seconded by Supervisor Madigan and unanimously cffirri~d, the following land conservation agreements were. approved and the Chairman was authorized to sign: Acres Gerald & Cornelia Dixon 32 Robert S. Biggs 866.02 M. J. Justeson 3,314 Justeson Ranch, Inc. 456 Harold J. & Doris F. Miller 200.6 Donald L. & Ruth Lucas 640 John E. Roth 279 Stanley Ranch 396.64 Jack Mariani Corporation 581 The Soper-Wheeler agreement was rejected. Mr. Black stated that the Committee did not recommend the withdrawal of Frank Bennett property from the Conservation Agreement. Dr. Bennett desires to sell the house and the land around the house. Mr. Black read the reaaons of the committee for recommending that the request not be approved. Recommendation discussed. On motion of Supervisor McKillop, seconded by Supervisor Gilman and carried, the Board approved the Committee's recommendation ffi~.~1 rejected the request for withdrawal by Dr. Bennett of his property frpm the Land Conservation Agreement. AYES: Supervisors Madigan, McKillop, Reynolds and Chairman Gilman NOES: Supervisor Maxon 72-395 DISCUSSION: AIR POLLUTION CONTROL HEARING BOARD Don Black, Agricultural Commissioner, requested permission to discuss a suitable fee to be paid to the three members of the Air Pollution Control Hearing Board and also an appointment of a Hearing Board Clerk. Mr. Black stated he had met last week with the Committee and Neil McCabe, deputy county counsel. It was suggested that a similar fee as paid to the Assessment Appeals Board be approved for the Air Pollution Control Hearing Board. The fee would be $75.00 per day or $45.00 fora half day hearing. Time spent discussing the fees paid by other counties. It was suggested that these fees be considered; at budget time. The Board members requested more information on the matter of the fees. Mr.Black stated he would bring more information to the Board members next week. Matter continued one week. Chairman Gilman requested that Mr. Black summarize the discussions that were held at the last week meeting of the Air Pollution Board. The Chappie Bill was explained; it was stated that more support was needed in this matter. As of December 31, 1971 no open out-door fires can be used for the disposal of waste. The Air Pollution Board has asked Assemblyman Chappie to introduce Legislation for the meetingof these matters until December, 1975. Page 407. February 29, 1972 February_29,^1972 It was stated that there would be a meeting an March 6th to discuss AB 149P This is an important meeting; it was felt that Clay Castleberry, Director of Public Works, should attend to discuss the matter of out-door burning. On motiott of Supervisar McKillop, seconded by Supervisor Reynolds and unanimously carried, Clay Castleberry, Director of Public Works, was authorized to attend the hearing on AB 149 and to set out the Board's support of the bill. 72-396 DISCUSSION: COMPLAINT ABOUT WATER AND DRAINAGE FROM SEPTIC TANKS IN HILLVIE_W MANOR SUBDIVISION, CHICO Howard Toussaint, representing Dr. Heindl, appeared to discuss the complaint about water and drainage from septic tanks in Hillview Manor Subdivision, Chico, Mr, Toussaint set out the problem involved. He said this pubdivision borders on a soil change, The systems that went in for this pubdivision, were put in according to the size set out by the Health Department. He said the man who had made the complaint had a 130' long leach line, with a 3~ trench, He said about 4 years ago they became awaxe of the problem due to a build-up of ground water in the area; he said the cause was quite problematical, The area is relatively sparsely developed; they are getting more requests £or development of the area of recent date. The area is not very suitable for septic tanks. Mr. Toussaint said the Health Department would suggest that some limitation be established for the area regarding development until a sewer system is planned for the area, A service area could be established for the area, He did not think it would be feasible to annex to the City of Chico, The Health Department would like the Board's consideration of some policy for that area. Supervisor McKillop suggested that this be set out in a letter for the Board's consideration. If a policy is to be established in the area, it will peed the written recommendation of the Health Department. Mr, Toussaint said he would have the written recommendation prepared and will present it for Board approval. No action needed at this time. 72-397 REPORT ON DUMPING OF TANK AT ROCK CREEK ROAD AND ANDERSON WAY CHICO Mr, Toussaint reported on the dumping of tanks at Rock Creek Road and Anderson Way, Chico, The. property owner had dug his own holes for this dumping. Mr, Toussaint said theChico pumpers will find their own site until the Health Department can get them into the Chico system. Chairman Gilman said he had thought that the Neal Road site was to be used by the Chico dumpers. Mr. Toussaint stated that these pumpers keep getting pushed out of the sites. Mr. Toussaint will prepare a written memo on the problems of the Chico pumpers and will submit some alternate recommendations for the area, 72-398 AUTHORIZE PURCHASE OF HEAT REPELLANT WINDOW SHADES FOR WELFARE AEPT. On motion of Supervisox Madigan, seconded by Supervisor Maxon and unanimously carried, purchase of heat repellant window shades from funds available in Welfare fixed assets budget was authorized. 72-3.99. RESOLUTION TO BE PREPARED ON LICENSING REGULATIONS Ed Robinson, Welfare Director, requests a resolution from the Board requesting consideration of a change in the proposed regulations to be reviewed at a public hearing in Sacramento on February 29. The request is that age groups would be changed from 16 through 64 to 18 through 64. Mr, Nickelson explained the request. He asked if the Board desired to have a resolution prepared. The Board requested that County Counsel prepare the requested resolution, Page 408. February 29, 1972 ~,~.~~,-~~~~ ~_~Februar~~9~19Z2-~~~an~r~rF~G~~~F 72 400 AUTHORIZE DEPARTMENTS TO FILL POSITIONS, UNDER HIRING FREEZE Clif Mickelsoxi, Administrative Officer, has reported that requestp have been received to fill the following positions: 1. Superintendent of Schools: Authorization to fill account technician position which will become vacant May 1 through retirement. 2. Probation Department: To fill one probation officer position¢ which will become vacant March 3 through termination, and one group supervisor trainee for the Juvenile Hall which will become vacant February 27. 3. Chico Municipal Court. Judge Wolford requests authorization to fill a typist clerk II position which will become vacant April 1 through a termination and internal promotion. 4, Welfare Department. To fill one account clerk II and two typist clerk I positions that are vacant through promotions or resignations. Requests discussed, Mr. Nickelson said that the Superintendent of Schools and the Chico Municipal Court requests were critical. On motion of Supervisor Madigan, seconded by Supervisor Maxon and unanimously carried, the following departments were authorized to fill tha positions requested: Superintendent of Schools to fill account technician position, Chico Municipal Court to fill a typist clerk II 'position. The Board voted to hold off on the other two requests, 72-401 AUTHORIZE CONTACTING OF DEPARTMENT OF LABOR & COUNTY SUB-CONTRACTORS TO RE-ALLOCATE THE LAPSED POSITIONS ON THE BASIS OF NEED: EMERGENCY EMPLOYMENT ACT, SEC. A notice has been received from the Department of Labor that unfilled positions under Section 6 of the Public Employment Program will be subject to de-obligation if not filled immediately. Six vacant positions exist at Superintendent of Schools and one at the Gridley Union High School. Matter discussed. It was moved by Supervisor McKillop, seconded by Supervisor Madigan and carried, that it was the intent of the County to utilize the six positions in other political subdivisions, and if it is possible that the remainder of the positions be utilized in the road department, and the the Department of Labor and county-sub-contractors be contacted to re-allocate the lapsed positions. AYES: Supervisors Madigan, McKillop, Reynolds, Chairman Gilman NOES: Supo Maxon. 72-402 ADOPT RESOLUTION 72-43 AUTHORIZING CHAIRMAN TO SIGN GRANT MODIFICATION TO PEP GRANT A formal modification of the Emergency Employment Act grant, Section 5, has been prepared. This modification incorporates the Board's earlier action adding the lapsed positions from sub-contractors to the county position list and reclassifies several PEP jobs as requested by department heads. Mr. Nickelson explained the modification. On motion of Supervisor McKillop, seconded by Supervisor Reynolds and carried, Resolution 72-43 authorizing Chairman to sign the PEP grant modification was adopted and the Chairman was authorized to sign. AYES: Supervisors Madigan, McKillop, Reynolds and Chairman Gilman NOES: Supervisor Maxon 72-403 AWARD OF BID: REROOFING WELFARE BUILDING Bids for reroofing Welfare Building were opened on February 23 and a recap of the bids was forwarded to the E~ard members. Low bidder was Butte Roofing Company of Chico for $3,126. Bids discussed, Page 409. February 29, 1972 Febxuaxy 29, 1972 On motion of Supervisor Reynolds, seconded by Supervisor Madigan ~tnd unanimously carried, the bid for reroofing of Welfare Building was awarded to Butte Roofing Company of Chico for the amount of $3,126, it being the low bidder. 72-404 ADOPT RESOLUTION 72-44 CONSOLIDATION OF ELECTION OF BUTTE COMMUNITY COLLEGE DISTRICT WTTIi DTREGT PRIMARY ELECTION On motion of Supervisor Madigan, seconded by Supervisor Gilman and unanimously carried, Resolution 72-44 approving the consolidation of the Butte Community College District special bond election with the California Airect Primary Election to be held June 6, 1972 was adopted and the Chairman was authorized to sign. 72-405 BUDGET TRANSFERS: HELD OVER ONE WEEK Budget transfers held over one week. 72-406 APPOINTMENT TO LAW LIBRARY TRUSTEES: HELD OVER The appointment to Law Library Trustees to fill vacancy created by resignation of Perry Farmer was put over one week. 72-407 DISCUSSION: APPOINTMENT OF GRIDLEY JUDICIAL DISTRICT JUDGE Supervisor Reynolds asked when the tests for the Gridley Judicial Court Judge would be corrected and the results known. Mr. Blackstock said he had been told that they would have the results by the end of this week and that the appointment would be on the agenda for Tuesday, March 7, 1972, Election of the Judge will not be put on the Primary Election ballot. Mr. Blackstock stated that someone from this Board of Supervisors has to official request that the screening committee be formed and that this conmmittee interview the applicants according to law. Supervisor Reynolds requested that Mr. Blackstock write the letter concerning the appointment of the screening committee and that they alert the Board of the results of said screening in order that the Board may approve an appointment of the Judges There is no need for hurry in this matter now Sue to the fact that the filing date for Judges has passed. No action taken at this time, ADJOURNaSL~TT: There being nothing further before the Board at this time, the meeting was adjourned at 3:15 to reconvene on Tuesday, March 7, 1972 at 9:00 a,m.: ATTEST: CLARK A, NELSON,. COUNTY CLERK BY: ~ ~6L~ Board of Sup visors Clerk Page 410. February 29, 1972