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HomeMy WebLinkAboutM030976~ ~ March 9, 1976 STATE OF CALIFORNIA ) SS. COU NTY OF 'HUT-TE- , ) The Board of Supervisors met at 9:00 a.m, pursuant to adjaumment. Present: Supervisors Ladd, Madigan, McKillop, Richter and Chairman Cameron. Clif Mickelson, Administrative Officer; pan Blackstock, County Counsel, and Clark A. Nelson, County Clerk, by Margie Catt, Board of Supervisors Clerk. Pledge of allegiance to the Flag of the United States of America 76-328 APPROVAL OF MINUTES n matron o pervisor McKillop, seconded by Supervisor Ladd and unanimously carried, the minutes of March 2, 1976 were approved with the correction on page 149, showing that Supervisor McKillop seconded .he motion re Juvenile De! irtquency..... . . Prevention and on rage 159, Item 78-341, to state #hat there was an evaluation made of the Legal Services by Washington, that money was needed from Washington and not from Butte County o>r Chico as it wbuld be necessary to sue Butte County and Chico for failure to comply with affirmative program. Mr. Rnckerby said Butte County was in full conformity. See motion. 76-329 COMMUNICATIONS State of Ca iforn~a - dice of Planning end t~search. The State advises that Butte b d . ~ J County's x'01 Grant Appf ication (Eden Ridge Trail Development Study) .S has successfully passed the initial screening and that March 15, at 4:00 p.m. is the time set by the Director for a review session to be held with County staff. Discussed; Chairman Cameron will attend the meeting; Mr. Mickelson will obtain the necessary information for Chairman Cameron, Heinz. H. Herrmann. Mr. Herrmann appeals the decision of the Planning Commission ~ ! ~ .~ C~ denying his tentative parcel map. Set for hearing on March Ib, 1976 ' at 10:30 a.m. Helen O'DOr. Ms. O'Dor a~peals the decision of the Planning Commission in denying /! 7.! .O C) a use permit for a restaurant at 8451 Skyway, Paradise. Set For hearing on March 30, (97b at 2 p.m. Wallace J. Smith. Mr:'Smith requests a waiver for requirements to place curbs, gutters and sidewalks on his property at 457 park Avenue in Chico. / /3 • D S/ Cfay Castleberry, Director of Public Works, stated that this property is on Park AvenveChico, and it is possible that the placing of the improvements at this site at this time might create a hazard. Mr. Castleberry said he would recommend that the hoard approve the map, waiving the rnequirement for the improvements, with the understanding that the improvements will be put in when the County requests them to be put in. See motion following communications. Karoly Kasza. Appeal of findings of the Planning Commission requiring pn Environments) /3 .0 $~ Review for the "Mountain park Subdivision ". Hearing set for March 23, 1976 at 10;00 a.m. Marsh, Washington & Marsh. Closure of the Pulga-Mayaro Road/Mayaro (Jade Mountain) School. ~Mr. Castleberry reported on this item. Mr. Castleberry will '~ 0 ~- O J ask Mr. Werner Murphy and Mr. Frank Cuny, Administrative Director of the Mayaro Ranch (Jade Ivhuntain) School to appear next week at Ii:00 a.m. to discuss his request. Mr. 8~ Mrs. William Wgrd, Chico. Submitted their opposition to the appeal on the zoning of 200 pc'res west of the Esplanade, North Chico (Bartram rezoning). ~ / 3~ ~b Letter to be held until the hearing on AMrch 23, 1976. - Page 162. March 9, 1976 ___ _____ _ __._J~d_ar_sh_L,__f47_~-_--_-__---_-___________ 5'0 /, 0 d Melody Dan T c1 b {~ q t f a'v' r of fees at Paradise Memorial Hall for benefit dance. ~Tsc~ sited"" ~~ a~~~o~i ~a~C~, Manuel Naranjo, ~r. Submits Fis termination of position on the Community Development ~ a ~ ,/ {p Advisory Committee, Read and Discussed. See motion following communications. Claim of William Benson Owen for personal injuries. Read and discussed. See O A • Z~ motion following communications. Frances Baloam, Secretary-Butte County Comprehensive Health Planning Council. She reports that the Council met on February 23, 147b and elected 2j O S", ~ ~ four persons as Butte County wnsumer representatives to the Health Systems Agency Board. Those chosen were: Eldon Cully, Gridley; Arthur Gilman, Chico. Mardi Worley, Chico and Paul Karlstrom, Chico. To 6e discussed later in the meeting. 76-330 APPROVE WAIVER OF REQUIREMENTS TO PLACE IMPROVEMENTS ON PROPERTY OF WALLACE J. SMITH 457 Park Avenue in Chico • n mot ono Supervisor R c ter, seconded by Supervisor McKillop and unanimously'•~carried, the Board approved the recommendation of Clay Castleberry, Director of Public Works, to waive the requirements to place curbs, gutters and sidewalks on the property of Wallace J. Smith at 457 Park Avenue, Chico, and that applicant will provide a notarized agreement that could be recorded stating that when he 'rs called upon by the County at a later date, he wfH put in the improvements as required . 76-331 ACCEPT RESIGNATION OF MANUEL NARANJO, JR. COMMUNITY DEVELOPMENT ADVI~3DRY COMMITTEE On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously carried, the resignation of Manuel Naranjo, Jr. as a member of the Community Development Advisory Committee was accepted, with the request that a letter of appreciation be sent to him and that it is understood that a replacement wi II be made soon to fill this vacancy. 76-332 REJECT CLAIM OF WILLIAM BENSON OWEN n mohon o pervisor KE op, seconded by Supervisor Richter and unanimously carried, the claim of William Benson Owen for personal injuries in the amount of $30,000 was rejected and referred to County Counsel and the County's insurance agents. 76-333 INFORMATIONAL ITEMS Dan BTac st~ County Counsel, reported that he had been served with summons and complaint in the matter of Jack B. Diaz vs the County. This is the case concerning the skunk that had been killed by the animal control officer and the plaintiff picked up the akunk. Case explained; no action needed at this time. Supervisor Madigan said he had a copy of a letter that ha been sent to Jerry Peters; attorney at law, Chico. .The letter states that the Co s of Engineers is studying the Hamlin Slough matter. Discussed; no action. Supervisor Ladd said he had a letter from the Personnel Director which states he was appointed to the screening committee of E.O.C. Director. Discussed. 76-334 SUPERVISOR MADIG.AN AUTHORIZED TO CALL CONGRESSMAN JOHNSON REGARDING BUTTE COUNTY LEGAL SERVICES Supervisor Madigan sa d~t 6t-ac- eo~rr ing to fhe Chico Enterprise Record Phge IG3. March 9, (976 ~. __________________ March 9,=197b=====________-_____ Congressman Johnson has voiced his approval of Legal Services. On motion of Supervisor Richter, seconded by Supervisor Ladd, and unanimously carried, Supervisor Madigan was authorized to calf Congressman Johnson's Rosevill;ei ofFice'and request that he correct his action relating to Butte County Legal Services funding. COMMUNITY ACTION AGENCY GOVERNING BOARD 76-3 APPRO E AMENDMENT OF DELEGATE AGENCY CONTRACT WITH BUTTE COUNTY LEGAL SERVICES 8 RENEWAL OF LEASE AGREEMENT n ment o e agate agency contract wit tie County Legal Services adds X1,134 fo agency contract to continue use of Xerox machine and mileage costs For an Action volunteer. The Gridley Community Garden project lease agreement is being renewed for the p the period beginning March 5, 1976 through March 5, 1977. Amount of agreement is X75 with Tim Tokuno of Gridley for rental of land. On motion of Supervisor Richter, seconded by Supervisor Ladd and unanimausly carried, the following action was taken: 76-33b SUPERIOR CALIFORNIA COMPREHENSIVE HEALTH PLANNING: APPROVE PROVIDER MEMBERS Mr. Will Elliott present and informed the Board that Mrs. Marti Worly would make the presentation and present the names of nominees to the $oard of Supervisors for appointment to the new Health Systems Agency Board. Supervisor Richter stated that he had questions about the appointments and the process of the appointments being made. The Heal#h Systems Agency Board will have a great deal of power when it has been formed. Mrs. Worly submitted the names of seven nominees fo Fill seven slots. Supervisor Richter said he feels that in effect, the Board is not approving anyone. He asked if the Board could make suggestions if any of the nominees were rejected. It is his feeling that there should be room for choice. Appoin#ments discussed. The Medical Association has recommended the appointment of Three members. Mrs. Worley explained the method used in suggesting names to the Board for appointment. Mr. Elliott staffed that Chairman Cameron has on accession informed the Board of the process of putting together this Health Service Agency. They have tried to have communications with the various Boards of Supervisors that would answer these questions that are beiagset out tadayf.• Ple~explained.the processes that have been followed in arriving at lodays suggested names fnr appointment. The role of the Board is to approve the appointments or reject them at this time. Chairman Cameron stated that there would be nothing wrong if the Board wanted to submit a name to the Council for consideration. Should this Board decide that they wanted to reject two names of those submitted, then they would go back to the Council. The Board could submit some names to the Council for their consideration. Supervisor Richler stated Pcget~a4 Health Systems Agency Board would March 9, 1976 ~^ ~~ March 9,_1976 have an incredible amoun# of power. This method of appointments is not acceptable to him. He said he was going to exercise his penogative and vote against the nominees. Suggested action should be taken on the three members (provider) suggested by the Medical Association. On motion of Supervisor .Madigan, seconded by Supervisor Richter and unanimously carried, the following nominees were appointed as members (provider) of the Health Systems Agency Board: Dr. Mullins, Dental Association Dr. Floyd, Medical Association James Sweeney, Hospital Administrator Discussed the appointment of the consumer members. Supervisor Ladd said his preference would be to have the nominateeing committee call another meeting. Prior to that time, if the Board members has an appointment to would like to have considered, they could submit it to the committee for their consideration. Names nominated for appointment referred back to the committee, with the request that the committee suggest at least 8 or 9 members fo the Board for consideration. There is a deadline of April 1st for the appointments. The committee will have their suggested nominees to the Board by ilMrch 30th for the Board's consideration. Miss Anita Bell, representing the Palermo Community and Community Citizens of Oroville, stated she had five names to be submitted for consideration. These communities feel as though they have been left out in this matter. Names submitted : Lewis Forbes, 30b0 Greenville, Oroville Jessica Lee, P,O. Box 405, Palermo Florence Grasshom, 48 Rosita Way, Oroville Doris Goodson, 2736 EWoble St., Oroville Linda Mae Stocky, 2250 Williams Ave., Palermo Names wen; accepted and they will be placed before the nominating committee for consideration. 76-336 NORTHERN CALIFORNIA EMERGENCY MEDICAL CARE AGENCY: CHAIRMAN AUTHORIZED TO SEND LETTER OF INTENT TO JOIN GROUP Arrangements are eing made to redo t e joint powers agreement to include Butte County in the Northem California Emergency Medical Care Agency. Mr. Carl Lindberg has asked that the Board confirm their intent by sending a letter to him immediately. Supervisor Ladd felt the Board could da better by sticking within our own county. Agreement discussed. 30day clause is included within the joint powers agreement. Cost factor discussed. Agency discussed. On motion of Supervisor Richter, seconded by Supervisor Madigon and carried, the Chairman was authorized to send a letter of intent to joint the Northern California Emergency Medical Care Agency. AYES: Supervisors Madigan, McKillop, Richter and Chairman Cameron NOES: Supervisor Ladd page 165. March 9, 1976 1~ _________________1VICrSIL~~Q7~L=~_=~_-__-___-_____ RECESS: 10:10 RECONVENED : 10;20 76-337 PUBLIC HEARING: CLARENCE J. KINDIG: REZONE FROM "R-I A8C"TO "R-I "PROPERTY LOCATED ON EAST SIDE OF PARAGALIA WAY, NORTH OF WAGSTAFF ROAD PARADISE; ADOPT ORDINANCE Ib94 T pu is aring on t e C arence J. Kindig rezone from "R-IAB~C"(single- fami[y residential, arts 8. crafts) and "A-2 Ltd " (!united) to "R-1 " (single-family residential) property located on the east side of Paragalia Way, north of WagstaFf Road, Paradise, was held as advertised. Jim Lawson, Planning Director, set out the background of the rezone, stating that the Planning Commission unanimously recommended approval of the rezoning. Hearing opened to the public. Appearing: no one. Hearing closed to the public and confined to the Board. On motion of Supervisor McKillop, seconded by Supervisor Ladd and unanimously corcied, Ordinance 1694 zoning a portion of the County as an "R-I " District was adopted and the Chairman authorized to sign. 76-338 LASSEN AVENUE ASSESSMENT DISTRICT: ADOPT RESOLUTIONS 76-39 THROUGH 76-48 Everd McCain, engineer, and Gole Peck, attorney at law, were present and presented resolutions to be adopted for Lassen Avenue Assessment District. Mr. Peck stated that this district had been started over a year ago. Resolutions were adopted at that time that waived the 1910 Bond Act. New resolutions will have to be adopted, and the boundaries have been changed. New hearings wi[I have to be held. Resolutions presented for Board consideration. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Resolution 76-39 approving district map and designating Warne of district was adopted and the Chairman authorized to sign. On ,motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Resolution 7b-40 employing attorney recommended by Public Works Director was adopted and The Chairman authorized to sign. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Resolution 76-41 appointing engineer was adopted and the Ghainnan authorized to sign. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Resolution 76-42 of intention was adopted and the Chairman authorized to sign. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Resolution 76-43 approving report of engineer and setting time of hearing for April 20, 1976 at 2:00 p.m. was adopted and the Chairman authorized to sign. Page 166. March 9, 1976 ~ ~, __________________AMMrch9t19Z~====______________ On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Resolution 7b-44 declaring public necessity was adopted and the Chairman authorized to sign. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Resolution 76-45 directing clerk to advertise for bids, said bids to 6e accepted by April 6, 1976 at 10:00 a.m. was adopted and the Chairman authorized to sign. On motion of Supervisor Richter, seconded by Supervisor Madigan and unanimously carried, Resolution 76-46 providing for issuance of improvement bonds and directing notice of sale of improvement bonds, with a hearing to be held an April 13, 1976 at 10:00 a.m. was adopted and the Chairman authorized to sign. On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, Resolution 76-47 adopting prevailing wage scale was adopted and the Chairman authorized to sign. Resolution determining to collect liquidated damages discussed. Supervisor Ladd felt the penalty clause should be changed to $50.00 per day. On motion of Supervisor Ladd, seconded by Supervisor McKillop and unanimously carried, the specifications for said district was changed to reduce [iquidated damages to $50.00 per day. On motion of Supervisor Richter, seconded by Supervisor Ladd and unanimously carried, Resolution 76-48 determining to collect liquidated damages was adopted, with the Cleric directed to insert $50.00 per day for 1 iquidoted damages, and the Chairman was authorized ro sign. 76-339 PUBLIC HEARING: JIM DUTRO-REQUEST FOR CON5IDERATION OF DIVISION OF PROPERTY IN FOREST RANCH. ATM-10 ZONE WAS ADOPTED FOR AREA e pu rc earmg on t e Jrm Dutro request r consi eration o divrsion of property in Forest R'andti ~heidpty4'htts'tirrre,- ATM-10 zone was adopted for the area and Planning Commission recommended a denial of his request; the zoning will become effective on March II, 1976. He had applied before the effective date of the ordinance. Hearing opened to the public at this time. Appearing: Mr. Jim Du#ro. He was at the last Planning Commission meeting and they told him that this would go to the Board with no recommendations from them. Mr. Lawson said the vote was a tie vote so there was rw recommendation. Mr. Lawson explained the zoning of the area. At the time that Mr. Dutro applied to divide his property, the area was interi m zoned as a TM-2 district. There was a negative EIR on his property. Problem of wafer on the property discussed. He did accept as a condition that proof of water would be required. It was stated that if approved he would have to designate well sites on each parcel, It was stated that Condition No. I should be re-written to show proof of water on all 3 lots. It was felt that the division might be approved if there was a survey showing no lot less than two-acres. Page 167. March 9, 1976 r'`. P`; __________-_~~__--March9t19Z(z__________________ Mr. John Hamby explained how the parcels could be withdrawn ro show two-acres. Hearing closed ro the public and confined ro the Board. On motion of Supervisor Madigan, seconded by Supervisor Richter and unanimously carried, the Jim Dutro tentative parcel map was approved, subject to the map being re-drawn to show two-acre parcels, subject ro the present conditions attached ro the map, and with proof water on all kts, with the findings that a negative Environmental Impact Report has been filed. 76-340 DISCUSSION: CHiCO CLIPPER: REPORT ON RIDERSHIP, TICKET SALES & SYSTEM IN GENERAL: PUBLIC WORKS DIRECTORAUTHORIZED TO PROCEED WITH NEGOTIATIONS WITH CITY OF OROVILLE FOR ORO EXPRESS Clay Castle rry, Dn•ecror o Pu is s, reports on a Chico Clipper transpartation system. The ridership has gone from 60 to 99 in the second month. They feel thot the system is very successful and is providing a service that is necessary in the community. It appears that there will be close to 100 riders per day in the near future. Service should continue. The elderly feel it is a good service; they are starting ro use it in groups. There is a concern in the Paradise area. Guide lines will be set and the service will 6e conservative in its scope. They are going to try ro hold the costs down to start. The first thing they will have ro do is ro go ro some zones or lower the area fo a smaller area than P.1.D. boundary. A meeting is being setup in this matter. Public Works has been asked ro come up with a system for the Oroville area. Zones will be proposed. Services explained. It has been proposed that one ticket would get the person from one area ro an area downtown. Oroville City Council feels that it is a good way to go. The system would be called the '~Oroville Express ". It is felt that it would be well ro proceed and tie the matter down. Mr. Castleberry said he would like authorization to develops a cooperative agreement with the City of Oroville. He would talk with different people that would be willing ro provide this type service. The Committee has been working on a system and it is almost identical ro the City of Chico. On motion of Supervisor McKllop, seconded by Supervisor Richter and unanimously carried, Director of Public Works was authorized ro proceed with negotiations with the City of Oroville for the Oro Express ,based upon the zone concept as set out by Mr. Castleberry, and with the request that he bring bock some firmed up figures for said operation. 76-341 APPEARANCE: BOB JONES: BCEA MANAGER-PROBLEMS AT WELFARE DEPARTMENT Bo Jones, manager of Butte County Emp oyees As~eiation, state they have a great many problems with the Welfare Department. They are scheduled to meet today with the Welfare Director to discuss the problem. Mr, Jones requested that the Board attend the Personnel hearing in this matter. This department is one of the largest departments . A hearing on an appeal of an employee is set for the 17th or 18th. Discussed; no action taken. 76-342 APPEARANCE: MR. WAYNE COLEMAN OWNER OF MOBILE NOME PARK IN PARADISE Mr. Wayne Coleman, owner of a mobi le home park in R~~c~i Y~ ~97~ented Page f b8. ~. ~ r"'± March 91 1976 petitions signed by over 850 resident3~ a copy of which is on its way to the Grand Jury. The petitions request the removal of Jamie Smith and Jerome E. Mikulich, from their positions that they now hold. These employees are employees of the Assessor's Office and they refused to use the in-come approach when assessing the mobile home parks in the Paradise area, as requested. 76-343 APPEARANCE: ARTHEIR L. STEWART, PARADISE: OPERATOR OF SKYWAY MOBILE HOME PARK PARADISE . Art ur L. Stewart, Paradise, presented copies of a petition to the Board members and to the press. He owns and operates tha Skyway Mobile Home Park. A summons and complaint has been served upon him, concerning the action filed by AI Anderson, Assessor. Portion of the law suit read and discussed. Mr. Stewart is to appear in Superior Court on March 19th, according to the Summons. It is his feeling that he is being taken to court because he won his assessment appeals hearing. Chairman Cameron requested that County Counsel give a legal explanation of what has been done. Dan $lackstock, County Counsel, said the Board did authorize the Assessor to bring an action against the Assessment Appeals Board for the decisions made relating to the mobFle home parks in Paradise. Mr. Blackstock explained how the defense is provided. The Court will review the records of the hearings to see if there is substantial evidence for the Board to make the decision they made. Ak. Blackstock will provide the Board members with a copy of the complaint and transcript. The case will be ro determine if the Assessment Appeals Board had sufficient evidence to make the decision they made. Supervisor McKillop stated that the Board members were adamant that the thing the court was to find was that the Assessment Appeals Board hod adequate findings to make their decision. 7b-344 APPEARANCE: MR. O'CONNOR, PRESIDENT OF BUTTE COUNTY MOBILE NOME PARK ASSOCIATION Mr. O Connor, president of Butte County Mobile Home Park Association. asked how many appeals were filed and how many did the Assessor loose. The mobile home pork owners want the Assessor to use the fair income approach in arriving at assessments on mobile home parks. Mr. O'Connor wanted to know why the Board authorized the Assessor to take the Assessment Appeals Board to court. 76-345 MR. HERB CRADDUCK OWNER OF A MOBILE HOME PARK IN PARADISE Mr. He C duc state his taxes ave u e over the ast two years. They have soared to unreasonable levels. Chairman Cameron explained the matter of tax costs. 76-346 APPEARANCES OF PROPERLY OWNERS IN PARADISE: MOBILE HOME PARKS Mr. I e Fregon, Pines Oa l1b i e Home Par state tat Mr. Anderson, Assessor, had been interviewed by Jim Fallback and he stoted that the Assessment Appeals Board decision was the final decision in the hearings. The taxpayers would tike to know why the Board authorized the Assessor to bring action in the matter of the decisions. Mrs. Shirlee Kay Wheeler, owner of Pinecrest Mobile Home Park, Page 169. March 9, 197b ~ ~. _____~~__-_-=====J+6aCS11$+_1Q7~~__~_____________ explained her problems of having to raise the tenants rates every time the Assessor increases her taxes. This worries her because most of her tenants live on a fixed income . Mr. Jim Starr, owner of ItDCky Lane Mobile Home Park, stated that Mr. Anderson is not asking for a review of the findings of the Assessment Appeals Board; they are requesting that the assessments go back to what they were before the hearings. He felt that the mobile home parks had a fair hearing and that they should not be taken to court. Chairman King had requested Mr. Anderson to figure the assessments on an income approach and he would not do so. Chairman Cameron said he would like to know what is being proposed for the hearing on the 19th of March. Supervisor McKillop said if it is anything other than what was authorized, the Board will recall their support. Mr. Blackstock will bring a copy of the complaint to the Board this afternoon. The Board members will review the complaint. Decision of the Assessment Appeals Board discussed; Dan Blackstock, County Counsel"; said he had received a telephone call from a member of the Assessment Appeals Board and he stated that in the final decision, the clerk typing the decision had left out a paragraph. Corrected copies are being prepared and will be sent out to the proper parties. Bob Jones, manager of BCEA, stated that on the petitions they request that two of the county employees be fired. This is not within the rules and regulations for employees. The employees are merely doing their job as directed by the Department Head. No action token at this time. 76-347 JOHN POLSAN, CHAIRMAN OF THE MENTAL HEALTH ADVISORY BOARD: ANNUAL REPORT Jo n Po son, chairman of the Mentol Health Advisory Board, presented the annual report to the Board members. The report summarizes their activities. He called attention to the concern expressed over the refen•al service in the county. Board members were.thanked for their prompt action in filling vacancies on their board. Discussed; no action taken. 76-348 BUTTE COUNTY DEVELOPMENT COMMISSION: TRAFFIC PROBLEM AT HIGHWAY 70 ~ GEORGIA PACIFIC WAY, OROVILLE: CHAIRMAN TO SIGN LETTER Bernie Richter, member of the Butte County Development Commission, reported on the problem of industrial traffic at Highway 70 and Georgia Pacific Way, Orovil[e. The industries at that location request thot the Board approach their Assemblyman to obtain funds for a left turn pocket lane at this intersection. The industry feels that it is not their fault that there are accidents and deaths at this location. It was felt that Cal Tran, ovr Assemblyman and Senator be asked to have a left turn pocket put in as soon as possible. Mr. Castleberry said he had Tried to get Cal Tran to do something at this site. Discussed the idea of contacting our Assemblyman and Senators and fallow up with a letter requesting a left turn pocket. Page 170. March 9, 1976 /~ ~^"` .__.W____...__._~......___ :March9t19Z~====_-__=====TTT it was maved by Supervisor McKillop, seconded by Supervisor Madigan and unanimously carried, the Chairman was authorized to sign a letter addressed to our Senator, Assemblyman and Ca! Tran emphazing the need for a left turn pocket lane at the intersection of Highway 70 and Georgia Pacific Way, Oroville, as explained by Bernie Richter of the Butte County Development Commission. RECESS: 12;15 RECONVENED: 1:30 Supervisor Richter absent 76-349 PUBLIC HEARING: A. JOHN NIERLO-REZONE FROM "A-2" (GENERAL) TO 'C-2" (GENERAL COMMERCIAL) FOR PROPERTY LOCATED ON EAST SIDE OF ESPLANADE APPROXIMATELY 150 FT. NORTH OF COMMERCIAL STREET, CHCO T pu is Baring on t A. Jon r o rezone rom 'A- 'genera to '~C-2"(general commercial) for property located on the east side of Esplanade, approximately 150 ft. north of Commercial Street, identified as AP 44-43-01, Chico was held as advertised, Jim Lawson, Planning pirector, set out the details of the rezone . Hearing opened Io the public. Appearing; !. Seth Denison; asked if there was anything on the property'at this time. Fie was told that there was nothing at this time on the property. Hearing closed to the public and confined to the Board. On motion of Supervisor Madigan, seconded by Supervisor NoKlllop and carried, Ordinance No. 1695 ,amending Ordinance No. 996 zoning a portion of the County an 'C-2"(General Commercial) District was adopted and the Chairman was authorized to sign. 76-350 PUBLIC HEARING: STANFORD C. EVANS-PROTEST OF PLANNING COMMISSION'S DETERMINATION REQUIRING AN EIR ON TENTATIVE SUBDIVISION MAP OF MORSEMAN ESTATES CHICO pu ,c Baring on the Stanford C. Evans protest of Planning Commission's determination requiring an EIRon the tentative subdivision map of Norseman Estates, Chico was held at this time. Mr. Lawson set out the background of this mnp. hearing opened to the public. Appearing: Stanford Evans, setting forth his justification for the protest of the determination requiring an EIR on the tentative subdivision map of Norseman Estates . Hearing closed to the public and confined to the Board. On motion of Supervisor Madigan, seconded by Supervisor McKillop and carried, the Board approved the appeal of Stanford Evans and voted that an Environmental Impact Report on the te?~tative subdivision map of Morseman.Estatps.; Chico would not be required. 76-351 APPROVE REFUND OF LAND DIVISION APPLICATION FEES: FRANK BELL .Krr~sp;-seconded by Supervisor Madigan and Page 171 March 9, 197' i"'`~ _ ___ _ ___Mareh911976 _ -------------------~~ a-cra~~==--____------ carried, arefund of X25 was approved for Frank Bel! of land division application fees. 76-352 REPORT: THOMAS M. WHIPPLE -DENIED REZONING FROM S-R-t to •"M-!" Mr. Lawson reports on t T mas pp e, enia y P annmg Commission of rezoning from •,"S~R-!!' (suburban-residential) to •"M-I " (light industry) property located on the north side of Hwy. 32, approx. 700 feet west of Muir Avenue, containing I acre, more or less, Chico. This has been set for hearing on March 30, 1476 at 1:30 p.m. 7b-353 REPORT: BILLY J. WILEY: PLANNING COMMISION REPORT OF DENIED REZONING FROM "R-4 "' (MAXIMUM DENSITY f2ESIDENTIAL) TO ''C-I " th•. Lawson reports on t Bi y J. Vlr ey rezoning rpm "R- "maximum density residential) to 'C-1 " (Eight Commercial) of property on the northeast comer of East Avenue and Ramada Way, containing .14 acre, more or less, Ghica, denial by Planning Commission. information only. 76-354 R~PPROVE TENTATIVE PARCEL MAPS RECOMMENDED FOR APPROVAL Discussed t e Jane Fugitt tentative parce map. On motion of Supervisor McKi Ilop, seconded by Supervisor Madigan and carried, the following tentative parcel map was approved, subject to the conditions, and with the finding that it is coruistent with the Butte County General Plan and that negative declaration has been filed with the County Clerk: - :2oned 3-H ~ ~Nt. ^td-2 {A-2) Jere Fugitt, AP 55-28-15, 2 lots, w~9t t;..P. 1-5 acjdu to TJ.mb. i<St. oP Old lis,ry. 32, north a£ intersection Terrain c~rith Schat'c Road, Fgrest Raric_~ , long: Bachmar- :Gnginesrirg RUs:s~±azt to thB xequi~ment3 a£ Section 2U .3 a~ tae &utte Go~xty Cads, the tenta~cive parcel map of the above 3dentitied property has been r2- ar3~eYved by the Butte County 5ubdivisian Cflmmittee and Lhe Punning Cor~ass±on. T1ta subdivision comatittee and the Planning Commissio~a reco~unsnd approval of the tentative map, suh3ect to the falla~ing nonditions: 1. need to the Caunfrl of Autte 30 ft. right-of-taay Tram the c+~nterline of Humboldt Road. 2. Pxpv'fc~e traversabls~ access, and obtain art encroachment permit. 3 . Iatdicate et 50 ft. building smtE~ack Cresm L-ha centerline of Huna* cildt Road and £rom Ilse easement. ~l. Mandan the well and essAmeat oa •l?arcel 2. 'i"fi~ abandoned ~ae11 •to • be filled to the e~atisfaation of the Health Os;?a•~•t:a~nt. 5. Slzos~ a ~rsll location an the final map on l?2accel 2 as slio~art on the tentative map, ands 160 t•t. septf,c t~.r:k frps radius around said we1X. 6. S:~otir a 50 ft, leach field frme setback from the drai.naga ac~7ale -• •T,. Proof of avatar as regairad by the Orc?~.rtance. Page 172. March 4, 1976 ~"', -------------~~~=Allir=h9~ 1476 -_-----~~~==G===~= a- EaC.'t parcel snap contain a minimum of tWO (2} acr°s, exclusive of xight-of-way and ©r.~aer easements. ~ .. ~i\ ••txegative itecl.axation l~egarc7zng lanviz:~a3r~.]:etal Ympaat was €31-d v~itia the 'COUnt~r C3.e~.:; an octoiaer 77, 19 T5. ..as.afr Cnrmnez?ts: This t*~nfia4:ive mua, ~1]ith canc'f3.t5.ors, ennt:orns t:a tt-e 5u-r~if.vaszc~, OYdsnanc:s and apa~ass to b~ c~.ts3.stent vrith the Gera?cal ?'2~n arlci zoning. ~'i?~ Ganesal Rlars indicat$s 't'u?C3 catAciorip~c c+f dpan space in non-sr;oan .,~~?~g : 1~ me:l.tiplA ~e open :pace anfl 21 p°xrran _nt opon spac° . ~?~.;,:~rzn tze s~~?a1~.ple use, opeat spa~:p, lane; n wizieh ~-e s1ox~Q is gsnerally l.~~as tiara z5~ but: ainlcia ara r~ot• cov~:_ea ~iiCh valusble s~~ands of ti?rber, ~£_'ta G83is:raY Y?1D.s3 W~$~9 eh~t Chew is n~,t exg~cterl 4o b*_ any substan- tiwl dAmanct for urba~-;zstior. of this land dui to ±ts location. Usas ;~c;• w:tac:: it: nay bs suitable. i.nolude, buff are nat 1f?niCed to: ~1at9 rshed ,~xasion cont4vi 'EJildlife 1?abitat Grazing firee crops F1.Llci crops Sceni.e easements 7R3.hASe1 ~;t~i'.3CdctiGn Golf courses Privafie outdoor recreation Riding stables _. Plant huzae?cies 1:'load control Green f}°-Z~S 3'fae t:smnar moanta~.tl alasci€ic2tion is intr:raed for those crass which :S:t~re value as timber producing are«s, watcershed areas. scenic areas, •3yrcx°atiflnal areas Fuarl areas which by their c`aasactar and pa~icular topagraahy require sp2ciai treat~-nent and protection to mitigate pr tential da?usge. Residential. development in these areas sl~vuld be con7Eitaed to areas uritete the topogxaphy of the land will alloca a ma.niraurn amaun,t of damage )/y way o€ erosion, siltation, surface end .z~xouad stater pollt:tiosa or the destruction of scenic and historical areas. DesasiCjt uhould be considered on tilae basis of these factors and weighed against alternate use of the areas far timber production recreation, and watershed protection. The Wayne and Sharon Ward tentative parcel map discussed. John Hamby requested that Condition No. 5 be deleted. This condition requires the property owners to construct the full street improvements. Discussed; felt it was a hodge-podge area and there are no improvements in that particular area. On motion of Supervisor McKillop, seconded by Supervisor Madigan and carried, the following tentative parcel map was approved, with the deletion of Condition No. 5, subject to the balance of the conditions, with the finding that it is consistent with the Butte County Genera( Play and that a negative EIR has been filed withY the County Clerk: r} Q c.q q ~L s 6~r'.i3~~ r-~ kb:i~ Y4G~Yn e, ~ ~~fds d~ E°If ~~] ~ ~4 `~~Y' :7 / 7 4 1Q Vru, .ci{~~~Flt oL ~,~. 5-S <?.ujac Sitnse2 Drive, app. ot:. 9E0 sue. ?mat of Oliver Road, Raradisa. Suf-~lv_;c.;.; 3oi:n t'7. lia~y '•:~.L~rr;Laa3ilr ea S".ile xwcluisentpnts og Sea'f;:.Cal 20.3 of d?~. Su.t;: County Cede. ~3c..tsntatavW pas:cel map of tlzm above we;¢~t:~.fi::d p;•openty has weer re- vz.seued by the .Butts Couatty Subcligis:.~:a c:a?r,•??ivt.ee a~:cl ~:-ne Plan.~aing Go?:tm'!es{os~. ~ Page 173. March 9, 1976 ____________=====Marsh 4~ i9~e ___________________ Tb:~ 6ubdivisioz» Cattti?ttttsa and tt»e PZes~nizeg Gor.~nie s` Cn xroaramersi aj,>prrsval ai tia tp~itat~.v~ tnsp, suiaject to `Ch~~ Eoslcsvring roszcli:icas: 'J. ~ R~.lo6a°:e c3s~~3nag© st+rale ms sho:~r'n a»i tine tertat:.ve rtap, •Ea th= satisEoa_iaa of tY»s Health bept. ai»d relocx~te c~EE of Caunt_t tight--oE way onto private prcpert;~ to srY~.s s+~tis:facti.oz a£ ~h° Dept, of Pcblic Werks. ~. D~set1 tie the Couasty of 7autts 30 t:t. right.-vE w~„ fc:.am the centerlixxe - c~E S;»ns~t Dr~.~.e. -3. Sn~3ieate a ~0 Et. bui~.$ittg setbsc~. Ero•-n ~° c~F:t®rlins of Sunset Dr. d . ano:a a1Z &asements tsf recard. ar. ~iis fi»i~.Z :t:~g. 5 , Coos: rsact Eu:3.3 street impxnve.:;n::as , i .ee .. otiar3s • gist.F ~r, siet3*frzik asd recgu3rwc sf:xeec sectian to RS? uD3 str~.:^..d.-~r~i. •Fa :~fe~at3ve Dzcla:~ation Rega~rdisg Ervsr,A:i?2AilC'.c~~, Ir4p„a : c•/as Eilsd ~:riti~. -f:krw :Ca~arty C1Wrk o:z z^e7~s~.earY 9, 197b . 76-355 PUBLIC HEARING: EDGAR C. NORWOOD, BANGOR-PETETiON FOR VARIANCE TO PROVISION OF SECTION 19-10 and/or i9-12 OF COUNTY. CODE FOR PLACEMENT OF A MOBILE HOME ON $ANGOR PARK CUTOFF ROAD T pu ie caring on E gar C. Norwood, Bangor, petition for variance to provision of Section 19 ~•le1 and/or 19-12 of the County Code for the placement of a mobile home on Bangor Park CurofF Read was held as advertised. Chairman opened the hearing to the public. Appearing: no one. hearing closed to the public and confined to the Board. On motion of Supervisor Ladd, seconded by Supervisor McKillop and carried, the Edgar C. Norwood, 9angor, petition for variance to provision of Section 19-10 and/ar I9-12 of the County Code For placement of a mobile home on Bangor Park GrXaff-•Raad was approved for a period of one year. 76-356 EMPLOYEES' RETIREMENT SYSTEM: ADOPT RESOLUTION 76-49 REQUESTING TERMINATION OF SOCIAL SECURITY A notice o intent to wit raw from Social Security has been prepared. This notice will commence with two year mandatory wai#ing period required of the County to withdraw from Social Security. On motion of Supervisor Madigan, seconded by Supervisor McKlllop and carried, Resolution 76-49 requesting termination of the Social Security Agreement nas adopted and the Chairman authorized to sign. 76-357 WAIVE SECOND READING AND ADOPT ORDINANCE NO. 1696 AMENDING RETIREMENT CONTRACT The ordinance and amendment to include bailiffs and jailers under safety member retirement is in order. Ordinance and amendment discussed. On motion of SupervisorMcKillop, seconded by Supervisor Madigan and carried, the second reading of the ordinance amending the retirement contract was waived, Ordinance No. Ib96 to include bailiffs and jailers under safety member retirement was adopted, amendment'. to retirement approved, and the Chairman authorized to sign. March 9 1976 Page 174. ' ~'~ ~~ -__~~_~____~~__~_~~~~19Z4=~_________________ 76-358 WAIVE FIRST READING OF SALARY ORDINANCE AMENDMENT A salary ordinance amendment has been prepared ro reclassify positions in the Health Agency and ro transition two CETA positions to regular help. Discussed. On motion of Supervisor McKillop, seconded by Supervisor Ladd and carried, the first reading of the salary ordinance amendment was waived. 76-359 PURCHASE OF MICROFILM READER-PRINTER AUTHORIZED On motion of Supervisor McKi op, seconded y Supervisor Madigan and carried, purchase of a new microfilm reader-printer for Sheriff was authorized with funds to come from savings within the Sheriff's equipment account. 76-360 AUTHORIZE PAYMENT OF AUTOMOTIVE ACCIDENT CLAIM An automotive c aim for amage at t a County Nea Road Dump has been satisfactorily negotiated ro the amount of $51.64. On motion of Supervisor McKiilop, seconded by Supervisor Madigan and carried, payment of an automotive claim for damage at the County Neal Ib~ad Dump was authorized in the amount of $51,64. 76-361 BUDGET TRANSFERS APPROVED On motion o Supervisor Madigan, seconded by Supervisor McKillop and carried, the following budget trar~sfen were approved: B-11~ .. County Counsel. Transfers X45 from office expense to fixed assets to cover purchase of a floor ].amp needed in Counsels temporary office. 8-117 -Juvenile Ha3.l. X9,¢01.67 is transferred from Revenue Sharing Program -structures and improvements to Juvenile Hall -Revenue Sharing, ~1,960.1~7 for household expense and $7,441.20 for equipment in order to cover purchase of bedding and furaiture for the new Juvenile Hall approved by the Board of Supervisors March 2, 1976. AYES: Supervisors Madigan, McKillop and Chairman Cameron NOES: Supervisor Ladd ABSENT: Supervisor Richter 76-362 APPROVE MAINTENANCE OF TRAFFIC 51GNALS Due to increased repair costs, CALTRA S asks for an additional deposit of $2,7E}0 to cover traffic signal maintenance for the remaining fiscal year. Request discussed. On motion of Supervisor Madigan, seconded by Supervisor MclCillop and carried, request approved and Auditor authorized ro issue warrant in the amount of $2,700 and deposit with CALTRANS. 76-363 APPROVE RIGHT OF WAY ACQUISITION: AGREEMENT FOR SALE-LASSEN AVE.A.D. On motion o Supervisor Ma igan, seconded y Supervisor McKi op and carried, the following right of way acquisition agreement for sale was approved, Chairman authorized to sign, and Auditor authorized to issue warrant upon demand of County's escrow agent: W. Belzer Storm Drain Easement $1,521 Page 175. March 9, 1976 ~ ~ __..._...___________= Ivlorch 9 1976====....____________ 76-364 APPROVAL OF FINAL MAP WATSON SUBDIVISION-TAKEN OFF AGENDA The approval of Watson Subdivision final map was taken off agenda at this time by Director of Public Works. 75-365 ADOPT RESOLUTION 76-50 AUTHORIZING BOARD CHAIRMAN TO SIGN ROAD EASEMENT AGREEMENT ORO-QUINCY PROJECT 27561-73-I On motu~mx, Supervisor Mc~Ki op, seconded y Supervisor Madigan and carried, Resolution 76 50 authorizing Board Chairman to sign road easemen~grepm:e~: for Oroville-Quincy Id~ad Project between County and State of California, ivisian of Forestry, cast of $350, and the Chairman authorized to sign. 76-366 DISCUSSION-SALVAGE & RECYCLING NEAL ROAD LANDFILL Sa vage an recye ing ea Road andfi iscussed. On motion of Supervisor McKillop, seconded by $upervisor Madigan and carried, the Board approved the salvage and recycling Neal Road landfill proposal. 76-367 DISCUSSION:~AI_NTING OF OLi?_JAit T_he re-painting of the o d jai discussed. Insta anon o a w ee~c•ia•ir•ramp introduced for discussion. Supervisor Ladd stated he would like to know exactly what they were doing and what it would cost and who was going to use it. Administrative Officer, Clif Mickelson, stated that they were going to paint the old foil because of its condition. Board to inspect the old sail and proposed location for wheel chair ramp following $CAG meeting on March f7th. 76-368 DISCISSION OF PROPOSED AGREEMENT WITH CITY OF CHICOSEPTAGE FACiLITiES AT SEWER PLANT: AGREEMENT APPROVED Septage foci hies at t e City of C ico sewer plant discussed. Supervisor Ladd stated that the projected sum of $6,537 should cover the cost of the building and also the study of the plans. Mr. Howard Toussaint stated that the City of Chico wanted them tor#vicego~ the study and go on with the building. Chairman Cameron suggested that the City Engineer in Chico do the study. On motion of Supervisor Ladd, seconded by Supervisor McKillop and carried, the $oard approved the agreement withCity of Chico as long as it included the design and the facility, in the amount of $£x,537, and the Chairman was authorized to sign. SUPERVISOR RIGHTER NOW PRESENT 76-369 AUTHORIZE AURCHASE OF FURNITURE FOR MENTAL HEALTH TREATMENT CENTER !N CHICO Much of the furniture in the Day Room at the Mental Health Treatment Center in Chico has seriously deteriorated. Through an oversight replacement furniture was not budgeted. Discussion held on purchase of the furniture. On motion of Supervisor MclCillop, seconded by Supervisor Madigan and unanimously carried, Purchase of 12 straight back chairs and two card tables not to exceed x700 was authorized, with funds to be transferred within the Mental Health budget to cover costs. 7b-370 APPROVE RENEWAL OF BUTTE COUNTY-STATE OF CALIFORNIA FAMILY PLANNING CONTRACT Contract renewal will cover the period from January I, 1476 through June 30, 1976 in the amount of $35,OOQ+ Star! •ing in June the contracts wi 1 be Page 176 Marc 9, 1976 executed on fiscal year rather than calendar year basis. Contract has been cleared as to form and fiscal control. Supervisor Ladd asked that the function of the Family Planning be clarified to him. Supervisor Richter explained the function to his satisfaction. On motion of Supervisor .Richter, seconded 6y Supervisor McKillop and unanimously carried, the renewal of Butte County-State of California Family Planning contract was approved and the Chairman authorized to sign. 76-371 APPROVE RENEWAL OF VARIANCE FOR NORMAN J. JENSEN, JUSTESON ROAD GRIDLEY SECTIONS 19-10 and/or 19-12 OF COUNTY CODE On motion o Supervisor McKf op, seconds y Supervisor Richter and unanimously carried, the renewal of variance to Sections 19-10 and/or 19-12 of the Butte County Code for Norman J. Jensen, Justeson Road, Gridley was approved. 7b-372 STORM DRAINAGE PROPOSAL (SUDAD & EAST AVENUE A.D.) APPROVED Su a and East Avenue Assessment pistrict area, East an Conners Avenues discussed. Everd McCain, Engineer, reported on proposal to drain a parcel to adjacent system. Fh: recommended shot the parcel colored yel low on the map be considered if the owner pays the cost of $3,260. The difference in cosh going info maintenance. On motion of Supervisor Madigan, seconded by Supervisor McKilJop and unanimously carried, the scorn drainage proposal presented by Mr. McCain was approved. some of Mr. McCain reported tha~the pipes are grossly undersized in the Sacramento Avenue Assessment District. A master plan has been prepared to relief of this situation and he will provide copies of the plan for Public Works consideration. New pipes will have to be installed within the next 10 years. Any funds that are left •over in these assessment districts should be used io expand the district and to do the capital maintenance work. He hoped that flexibility would be extended to the maintenance of the districts involved. No action necessary at this time. 76-373 NARCOTICS TASK FORCE GRANT EXTEN510N & THIRD YEAR FUNDING: APPROVED ~iJl Lawrence, Auditor, reported to the Board on the current Funding status of the Task Force grant extension and third year programming. The grant extension has been approved. The budget appropriations for the grant would expire on March 19th, unless the grant is extended by approval of the Board. Mr. Lawrence said he has become aware that he has misinformed the Board about how the budget could be adopted. It takes afour-fifths vote to adopt the budget for this grant. hle said he could bring back the budget far adoption next week. If the third year funding is not approved, then the budget would not be adopted. The present funding will end on March 19th. The Board is not compell.eiito take any action today. There wind be some problems in terminating the employees if decide not to continue the program. The County's personnel rules state employees subject to lay off must have aten-day Page 177. March 9, 1976 ~; ~ _________________ March9~ 1976___==______________ notice. Additional funds would be needed to terminate the employees if the grant is not extended and third-year funding not approved. Third year funding set out. The total package would be $135,137, of which $b1,030 of local Funding and the County's share would be $53,255. Funding discussed. Program set out and Board membersset out their thinking regarding the program. Supervisor McKillop felt that iaw enforcemenfi should come back with a plan telling how they will handle the drug program. Supervisor Richter said he has problems voting for this grant. Richter commented on the arresting of offenders and the making of reports. Supervisor Ladd said this was a legislative body and should not get into the area suggested by Supervisor Richter. The County has the Grand Jvry and the District Attorney and they are charged with the duty to investigate these matters. This Board should not contaminate the evidence, Supervisor Madigan suggested an executive session to discuss personnel in this program. Matter of executive session discussed. County Counsel stated that ro have an executive session in this matter would have to have charges against an employee. The propriety of the reports are not subiects under the Brown Act. Chief Wes. Barrett, Oroville Police Deparuueni-, stated this matter is in the hands of investigators for the Grand Jury.. Fle would not fear an open session to discuss the program. If the results of the investigation is no# favorable to the Board, then they could stop the funding of the program at any time they want to stop it. They are not committing Themselves for one year. Sheriff Gillick also commented on the program and the matter of the third year funding. Could utilize the program after the third year funding on a local basis if the Board desirBd. He requested that the Board approve the third-year funding. Work of task force discussed. There are quite a few cases in court that would require employees of the Task Force to appear. Supervisor Richter said he felt this was a bad situation and did not think the program functioned well. He.said.that_ if the Board could have some influence to make the unit more effective, then the third year funding should be approved. On motion of Supervisor MclCillop, seconded by Supervisor Ladd and unanimously carried, the Narcotics Task Force grant extension and third year funding was approved. 76-374 APPROVE CERTIFICATION OF LAKE MADRONE WATER DISTRICT FO RMATIONELECTIO~ On motion o Supervisor Mc i op, secon e y Supervisor L d and unanimously carried, the certification of Lake Madrone Water pistrict formation election results were approved, 76-375 ADOPT RESOLUTION 76-51 ARI',KOVING CONSOLIDATION OF THE DURHAM AND BIGGS SCHOOL DISTRICT WITH THE COUNTY PRIMARY IN JUNE On motion o Supervisor , secon e y Supervisor Ric ter and unanimously carried, Resolutign 76-5~a p~rlg~ing consolidation of the Durham and Blggs 9 March 9, 1976 ~; r*a March 4, 1976 Sehaol Districts elections with the County primary election in June was adopted and the Chairman authorized to sign. 76-376 DISCUSSION PARADISE LIBRARY PROGRESS PAYMENT PROCEDURE: APPROVE PAYMENT OF PROGRESS PAYMENT Progress payment proce ure ~scussed. Dan Blackstock, County Counsel, stated he had received another telephone call on this matter from the Division of Labor. The problem concerns the sub-contractors. He stated that under the Davis-Bacon Act, which the County is required to enforce, the Feds have determined that where~the~sub~contractor has employees and provides some work on the job, he must be paid the prevailing wage. Mr. Blackstock explained how the work wuld be handled by the sub-contractors. At this time, the County has a progress payment before the Board. He would recommend that the Board authorize the Auditor to make the payment provided that the pay sheets have been amended to properly comply with the most recent check list received from San Francisco. On motion of Supervisor McKillop, sewnded by Supervisor Richter and unanimously carried, the Auditor was authorized to make progress payments to the genera[ contractor in the amount of X65,195, providing he complies with the I'Ja~uisr Bacon Act. 76-377 INFORMATIONAL ITEMS DISCUSSED Supervisor Ma igan as ed w o had employed Gale Peck, Attorney at Law, to handle the Lassen Avenue Assessment District matter. It was felt that the Board should make the choice. In the future, the attorney will be hired before he does any of the work for formation of assessment districts. Supervisor Madigan stated that all Board members had received memos from Hank Hindery and Bill Lawrence. He felt this matter should be placed on next weeks agenda for discussion. The Board should hear from both department heads. Mr. Mickelson said he would have the Data Processing Committee meet first prior to having the department heads before the Board. Board concurred with this suggestion. RECESS: The Board recessed at 4;IX} p.m. for an executive session. RECONVENED: The Board reconvened at 5:15 following an executive session. Chairman Cameron stated that there was nothing to report on the executive session. It was a meet and confer session. ADJOURNMENT: There being nothing further before the Board, the meeting was adjourned at 5:15 p.m. to reconvene on Tuesday, March Ib, 197b at 9;00 a.m. ATTEST: CLARK A. NELSON, COUNTY CLERK By: Board o Supe isors C er Page 179. airman~o t e and March 9, 1976